JANUARY 24, 1983 MINUTES
Cit@@f
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR LOIJIS R. 10,VES, B.y.id@ B .... gh
VICE-MAYOR BARBARA M. HENLEY, P..S. B.,..gh
JOHiq A. BAUM, B.-.Ch
NANCY A. CREECH, Af L.,V
HAROLD HEISCHOBER. At L.,S,
H. JACK JENNINGS. JR., Ly..b.... B...gb
ROBERT G. ]ONES, At L.,g@
W. Ii. KITCH[N, lit, Vigi.i. B@.,b
REBA S. M,CLANAN. A.@@ B...gb
J. HENRY 61,COY. JR., K,.p@.ill@ B .... gb 212 CITY HALL BUILDING
MEYERA E. OBERNDORF. A, L.,V MUNICIPAL CENTER
VIRGINIA BEACH, VIRGIIIIA 23416
RUTH HODGES SMITH. CMC. Cily Cl,,k (804) 427-4 303
CITY COUNCIL AGENDA
January 24, 1983
ITEM I INFORMAL SESSION: 4:30 p.m.
A. CALL TO ORDER - Mayor Louis R. Jones
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFOM4AL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
I
1. Matters for diSCUssion by Mayor.
2. Matters for discussion by Council.
E. CITY liANAGER'S ADMINISTRATIVE ITEMS:
1. Interim Financial Statements - July I through December 31,
1982: Discussion.
2. Request for Expedition of Street Clos,re: Hollies
Subdivision, Brownley, Lots 76 and 77.
3. Proposed Franchises for Lifeguards and Beach Equipment
Rental: Discussion.
4. Review of Consent Agenda.
5. Review of Planning Items.
ITEM II FORMAL SESSION: 7:00 p.m.
INVOCATION: Reverend Harold Kitzman
Prince of Peace Lutheran Church, LC-MS
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 January 17, 1983.
E. PRESENTATIONS
1. Clean Community Committee - Robert Goodman, Chairman
2. Proclamation
a. Scouting Anniversary Week, February 6-12, 1983
3. Resolutions of Appreciation
a. Homer W. Cunningham - School Board
b. Reva Kelberg - School Board
F. CONSENT AGENDA
Ail matters listed under the Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted
by one motion in the form listed. There will be no separate
discussion of these items. If discussion is desired, that item
will be removed from the Consent Agenda and considered separately.
1. Resolution of Appreciation to Homer W. Cunningham.
2. Resolution of Appreciation to Reva Kelberg.
Ordinance to transfer funds of $11,000 within the
Department of Public Works to replace a water
pump at 58th Street.
Ordinance, on SECOND READING, to accept and appro-
priate additional funds of $2,000 for the Clean
Community System Program.
Ordinance, on SECOND READING, to decrease the
Pendleton Child Service Center appropriation by
$87,499 and to accept $11,560 in grant awards.
Ordinance to authorize a temporary encroachment
into a portion of the right-of-way of High Point
Avenue to Mr. Thomas B. Cosgrove, Jr., his heirs,
assigns and successors in title.
ITEM II F. CONSENT AGENDA (Cont'd)
7. Ordinance appointing viewers in the petition of Thomas
C. Shubert, Jr. and Jane K. Shubert for the closure of
a portion of Lauderdale Avenue (formerly Lake Avenue)
(Bayside Borough).
8. Ordinance authorizing certain events conducted on City
property to be exempt from the prohibition from work-
ing 6r transacting business on Sunday.
a. 1/30 - Pavilion New Automobile Show
b. 6/5 - Pavilion Southeastern Gun and Knife Show
C. 7/3 - Dome - Antique Flea Market
d. 7/17 - Pavilion - Tidewater Coin and Gun Show
e. 8/7 - Pavilion - Anitque Flea Market
f. 8/14 - Pavilion - Virginia Summer Leisure Expo
g. 10/9 - Pavilion - Virginia Amateur Radi6 Tiade Show
h. 10/16 - Pavilion - Virginia Beach Jr. Women's Club
Homecrafts Show
i. 11/6 - Pavilion - Quilters Guild Show
j. 11/27 - Pavilion - Countryside Christmas Fair
9. Request of the City Treasurer for tax refunds in the
amount of $1,611.20.
G. PLANNING ITEMS
1. Ordinance closing, vacating and discontinuing a portion
of an unimproved alley totaling 1,845.8-square feet
located between Virginia Beach Boulevard and 18th Street
in the petition of Peter J. Gualeni and Joseph J. Gualeni
(Lynnhaven Borough).
(This matter was deferred on November 22, 1982.)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission,
and the Viewers concur, for approval.
2. Application of Charles N. and Sue Flippin for a change
of zoning from AG-2 Agricultural District to B-2 Communitv-
Business District o@ a 29,210-sq are foot parcel located
along the west side of Blackwater Road, south of Pungo
Ferry Road (Blackwater Borough).
a. Letter from the City Manager transmits the
recormnendation of the Planning Commission
for approval.
3. Application of Arthur Kreger, Shirley Kreger, Levin Kreger
and Ruth e for a change of zoning from A-1 Apartment
District to A-3 Apartment DisTrict on a 21,000-square foot
parcel located on the northwest corner of Arctic Avenue
and 32nd Street (Virginia Beach Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
ITEM II G. PLAITNING ITEMS (Cont'd)
2. PLANNIITG ITEMS FOR DELIBERATION
a. Application of the City of Virginia Beach, Degartment of
General Services, Cor a conditional use permit for a
sanitarium (non-medical environmental alcohol detoxifi-
cation center) on a 29,596-50-scuare foot parcel located
south of Virginia Beach Boulevard, east of Groveland
Road (Lynnhaven Borough);
AND,
a Resolution authorizing the Citv Manager to enter into
a lease agreement between the Open Door Chapel and the
City of Virginia Beach.
(On March 14, 1983, the City Council voted to expedite
this application.)
1. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
b. Application of Runnington Investment Corporation for a
change of zoninz from I-I Light Industrial District to
B-4 Resort-Commercial District on a 6,381-square foot
parcel located along the south side of Pinewood Drive,
west of Mediterranean Avenue (Virginia Beach Borough).
(This matter was deferred for two weeks on April 4,
1983.)
1. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
c. Application of S & B Properties, Inc. for a change of
zoninlz from R-8 Residential District to B-2 Community-
Business District on a 1.06-acre parcel located along
the west side of Centerville Turnpike, south of Kempsville
Road (Kempsville Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
d. Application of Holland Properties Associates for a change
of zoning from I-I Light Industrial District to A-3
Apartment District on a 4.5-acre parcel located north of
Holland Road, west of Edwin Drive (Kempsville Borough).
1. Letter from the City Manager transmits the
recommendation of the PlanninR Commission
for denial@
e. Application of R. G. Mioore for a change of zoning from
R-5 Residential District to R-6 Residential District on
a 66.2-acre parcel located along the west side of Salem
Road, north of Elbow Road (Kempsville Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning Commission
for api)roval.
f. Application of R. G. imioore for a change of zoning from
R-6 Residential District to 0-1 Office District on a
2.11-acre parcel located along the south side of Bonnev
Road, east of Witchduck Road (Kempsville Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
ITEM II G. PLANNING ITEMS
4. Application of Marguerithe Haasnoot and Jacobus Booden
for a change of zoning from R-8 Residential District
to B-4 ResorC-Commercial District on a 6,465-square
foot parcel;
AND,
a change of zoning from B-2 Community-Business District
to B-4 Resort Commercial District on a 17,504-square
foot parcel. These sites are located on the west side
of Rockbridge Road, north of Shore Drive (Bayside Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Co=ission
for denial.
5. Application of Wallace M. and Bettie W. Vaughan for a
conditional use permit for a bome occupation (child care)
on a 7,013-square foot parcel o@c ted at 721 Brinson Arch
(Bayside Borough).
a. Letter from the City Manager transmits the
recominendation of the Planning Commission
for approval.
H. UNFINISHED BUSINESS
1. Request of Milton B. Parsons, Democratic Party of the
City of Virginia Beach, to use the City Seal.
(This matter was deferred on January 17, 1983 until
today.)
I. NEW BUSINESS
J. ADJOURNMENT
1. Motion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
24 January 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, January 24, 1983,
at Four-Thirty in the afternoon.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, Ii. 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
- 2 -
ITEM #19376
Mayor Jones entertained a motion to permit Council to conduct
its INFORMAL SESSTON 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, per-
formance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration
.f Ch. -ondicion, acquisition or use of real property
for public purpose, or of the disposition of publicly
held property, or of plans for the future of an
institution which could affect the value of property
owned or desirable for ownership by such institution.
3. LEGAL MATTERS: Consultation with legal Counsel or
briefings by staff members, consultants or attorneys,
pertaining to actual or potential litigation, or other
legal matters within the jurisdiction of the public
body.
Upon motion by Councilman Baum, seconded by Councilman McCoy, City
Council voted to proceed into the EXECUTIVE SESSION following the
INFORMAL SESSION.
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
- 3-
M A T T E R S B Y T H E M A Y 0 R
LEGAL HOLTDAY ITEM #19377
Mayor Jones advised Council there will be no Council Meeting on
February 21, 1983, as it is a LEGAL HOLIDAY.
SEARCH COMMITTEE ITEM #19378
Mayor Jones advised he appointed a SEARCH COMMITTEE FOR A REAL
ESTATE ASSESSOR:
Councilman John A. Baum
Vice Mayor Barbara M. Henley, Chairman
Councilman Harold Heischober
Councilman H. Jack Jennings, Jr.
M A T T E R S B Y C 0 U N C I L M E M B E R S
CABLE CASTING ITEM #19379
Councilman Jones advised cable casting Council Meetings was
postponed pending public input and noted that Dennis Hartig,
BEACON Editor, wrote an editorial on the matter.
RESEARCH/CITY SEAL ITEM #19380
Councilman Baum advised he researched the use of the City Seal by
various organizations and noted the City has "no legal way of
denying anyone use of the City Seal".
-4 -
PATIO/NONCONFORMING USE ITEM #193'.t
Councilman Kitchin requested an indepth discussion be held on the
request of McDonald's Restaurant for a patio, which is a nonconforming
use, prior to it being placed on the Council Agenda.
INCINERATOR SITE COMMITTEE ITEM #193eZ
Councilman Jennings advised the OLD INCINERATOR SITE DEVELOPMENT
COMMITTEE met and appointed William A. Crosby as Chairman of the
Committee.
C I T Y M A N A C E R ' S A D M I N I S T R A T I V E I T E M S
INTERIM FINANCIAL STATEMENT ITEM #19383
The City Manager asked Mr. Giles G. Dodd, Assistant to the City
Manager for Finance/Research, to present Council the Interim
Financial Statements for the period July 1, 1982, through
December 31, 1982.
Mr. Dodd advised that Revenues in the General Fund, excluding general
property taxes, through December 31, 1982, amounted to $42,843,752 or
40.3% of the total estimated for the year. This compares with 39.0%
of the annual revenues reported through December 31, 1981, and 37.7%
through Deceinber 31, 1981.
The amount shown as General Property Taxes is the unadjusted current
net levy which was due December 5, 1982, as well as delinquent
collections and adjustments on prior years' levies. The following
analysis is presented for the current year levies to show the status
of collections:
-5 -
General
Property Collections % of Levy
1983 1st Half RE Taxes- 12/31/82 Collected
Base $27,227,685 $26,330,788 96.7
1982 2nd Half PP
Base 1,864,959 1,475,801 79.1
Total Current Levy $29,092,644 $27,806,589 95.6
Prior Years' Collections
And Adjustments 532,286
Total RE and PP $29,624,930
Expenditures and encumbrances througb December 31, 1982, continue to
be incurred at a rate less than FY 1982 and FY 1981. The $74,350,782
shown is 39.5% of the total appropriated for the year. This compares
with 44.6% of the annual expenditures reported through December 31,
1981, and 45.8% through December 31, 1980.
The General Fund - Other Local Taxes shows each major revenue source
within the "Other Local Taxes" category. Through December 31, 1982,
it still appears that taxes on cigarettes and hotel rooms are running
below estimates. However, other local taxes in the aggregate amount
to $20,645,513 or 38.9% of the total estimated for the year. This
compares favorably with 37.8% in FY 1982 and 35.9% in FY 1981.
The General Fund - From the Commonwealth shows each source if receipts
are estimated in excess of $1-Million and a combined "other" amount for
all of the other Commonwealth sources. The Maintenance of Roads and
State Share of Sales Tax receipts are still below expectations.
Revenue from the Commonwealth in the aggregate amounts to $14,103,888
or 37.1% of the total estimated for the year. This is somewhat below
the 38.7% for the similar period in FY 1982 and 38.3% in FY 1981.
Excluding the transfer from the General Fund, revenues in the School
Operating Fund through December 31, 1982, amounted to $27,548,692 or
52.6% of the total estimated for the year. This compares with 47.3%
in FY 1982 and 48.4% in FY 1981.
The favorable revenue picture is due to the early receipt from P.L.
874 funds (Federal Impact Aid) in the amount of $2,515,555. These
funds are normally received during February or March.
Expenditures and encumbrances through December 31, 1982, totaled
$44,355,350 or 38.5% of the total appropriated for the year. it
appears to be in line with expectations as 38.6% of the total had
been expended through the comparable period in FY 1982 and 40.5%
in FY 1981.
- 6 -
Revenues in the Water and Sewer Fund through December 31, 1982,
amounted to $11,882,991 or 46.4% of the total estimated for the
year. This compares favorably with 41.5% in FY 1982 and 36.7%
in FY 1981.
Revenues in each category reflect higher reported percentages through
December 31, 1982, than for similar periods in the previous two
fiscal years. However, the most favorable positions are shown in
Charges for Services and Water and Sewer Main Extensions and Line
Fees.
Expenditures and encumbrances through December 31, 1982, totaled
$ 12 654 , 646 or 47. 1% of the total appropriated for the year.
This compares with 47.7% in FY 1982 and 52.2% in FY 1981.
It should be noted that the total budget amount of $26,891,467
shown in FY 1983 and actual totals shown in FY 1982 and FY 1981
exclude the utility system depreciation expense. This is to
enhance comparability, as the depreciation expense on the utility
system is not budgeted.
EXPEDITE STREET CLOSURE ITEkl #19384
The City Manager advised Council of a request from Mary Lee Harris,
Goodman Segar Hogan, to expedite a street closure in the Hollies
Subdivision, Lots 76 and 77, Brownley, Tren L. and Claude P., III.
It was noted if the property is not legally subdivised by February 28,
1983, the buyer has the option of cancelling the purchase agreement
and having the $1,000 deposit returned.
This matter will be heard on the FORMAL AGENDA under NEW BUSINESS.
FRANCHISE/LIFEGUARDS ITEM #19385
The City Manager asked David M. Grochmal, Assistant to the City
Manager for Intergovernmental Relations, to present Council the
proposed franchises for lifeguards and beach equipment rental.
Mr. Grochmal advised in October of 1982 City Council was presented
several recommendations concerning lifeguard service for Virginia
Beach and Little Island. At that time it was decided to divide
the Oceanfront into two franchise areas. Minimum qualifications
and specifications have been included in the agreement which the
successful bidder would have to comply.
This matter will be heard on the FORMAL AGENDA under UNFINISHED
BUSINESS.
- 7 -
REVIEW OF CONSENT AGENDA ITEM #19386
Councilman Jennings made reference to II-F.5, Ordinance on second
reading to decrease the Pendleton Child Service Center appropriation
by $87,499 and to accept $11,560 in Grant awards, and asked if the
decrease of $87,499 would adversely impact the Pendleton Child
Service Center?
The City Manager advised the changes to the Center's budget were
made very early in this Fiscal Year when it was recognized that
those funds would not "come down". The Program, at that time,
was scaled down to that point so "we're not going to have another
impact".
REVIEW OF PLANNING ITEMS ITEM #19387
The City Manager advised on II-G.1, the Ordinance closing, vacating
and discontinuing a portion of an unimproved alley located between
Virginia Beach Boulevard and 18th Street in the petition of Peter J.
Gualeni and Josepb J. Gualeni, in the Lynnhaven Borough, four con-
ditions were outlined in the Manager's letter; however, in the
Planning Commission letter there were five conditions outlined.
The condition omitted was number three:
"The applicant shall replace the sewer line in
the right-of-way with pipe meeting Department
of Public Utilities' standards and specifications,
as determined by the Director of Public Utilities".
The City Manager further advised the Department of Public
Utilities has reviewed that condition and does not feel
tbe condition needs to be placed in the application.
Vice Mayor Henley advised on II-G.2, the application of Charles
N. and Sue Flippin for a change of zoning from AG-2 Agricultural
District to B-2 Community-Business District located along the
West side of Blackwater Road, south of Pungo Ferry Road, in
the Blackwater Borough, the cover letter states:
"A commercial establishment and single-family
dwelling currently exist on this site".
Vice Mayor Henley noted that single-family dwellings were not
permitted in B-2 zoning Districts and asked if this matter
would become a nonconforming use?
The Planning Director spoke on this matter.
City Council recessed into EXECUTIVE SESSION, (5:50 p.m.)
-8 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
January 24, 1983
7:25 p.m.
Council Members Present:
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 Absent:
Nancy A. Creech
INVOCATION: Reverend Harold Kitzman
Prince of Peace Lutheran Church, LC-MS
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 9 -
ITEM #19388
Mayor Jones introduced Mr. Art Singleton and his Senior High School
Government Class from Bayside High School.
M I N U T E S
ITEM II-D.1 ITEM #19389
Upon motion by Councilman Jennings, seconded by Councilman Baum,
City Council voted to APPROVE the Minutes of the Regular Meeting
of January 17, 1983, AS AMENDED, to incorporate letters from
Councilwoman McClanan and Councilman Heischober concerning the
Resolution urging the General Assembly to adopt an amendment
to Section 35.1-9 of the Code of Virginia so as to allow
localities to regulate by Ordinance the keeping of guest
registers by hotels and the display of signs which advertise
hotel accommodations.
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
-10-
P R E S E N T A T I 0 N S
ITEM II-E.1 ITEM #19390
Mr. Robert Goodman, Chairman, Clean Community Commission, advised
the State of Virginia presented three types of Clean Community
Awards: Certificate of Merit, Certificate of Recognition and an
Award for Excellence, and he was pleased to present to the Mayor
and City Council the Award of Excellence and four (4) road signs
which will be placed in locations throughout the City.
ITEM II-E.2 ITEM #19391
David Winiker, District Chairman, Boy Scouts of America, Billy
Braden, Cub Scout Troop #488, Holland Elementary, and David
Dosett, Boy Scout Troop #921, St. Nicholas Roman Catholic Church
were present to receive the Proclamation.
Mayor Jones read the following Proclamation proclaiming the week of
February 6 - 12, 1983 as SCOUTING ANNIVERSARY WEEK, and presented
same to Cub Scout Billy Braden.
P R 0 C L A M A T I 0 N
WHEREAS, the success of Scouting for Cub Scouts, Boy Scouts,
and Explorers depends on our community organizations; and,
WHEREAS, churches and synagogues, schools and parent-teacher
associations, service and fraternal clubs and other community
organizations have been chartered in our area by the Boy Scouts of
America to use the Scouting program; and,
WHEREAS, the volunteer leaders selected by these chartered
organizations are performing an outstanding service for 15,000 boys
and young men and women annually; and,
WHEREAS, the Tidewater Council of the Boy Scouts of America
and its corps of dedicated volunteer leaders are providing necessary
support to the leaders in the 364 Cub Scout packs, Boy Scout troops
and Explorer posts;
NOW, THEREFORE, I, Louis R. Jones, Mayor of the City of
Virginia Beach, do hereby proclaim the week of February 6 - 12,
1983, as:
SCOUTING ANNIVERSARY WEEK
and urge our citizens to join me in expressing appreciation to
the community organizations and their volunteer Scouting leaders
for bringing the Spirit of Scouting to our young people.
Louis R. Jones, Mayor
- I I -
ITEM II-E.3 ITEM #19392
Mayor Jones read Resolutions of Appreciation and presented same to:
HOMER W. CUNNINGHAM - SCHOOL BOARD
(1976-1982)
REVA KELBERG - SCIIOOL BOARD
(1966-1982)
C 0 N S E N T A G E N D A
ITEM II-F ITEM #19393
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
ADOPT the CONSENT AGENDA by ONE MOTION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara
M. Henley, R. 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
- 1 2 -
ITEM II-F.lj2 ITEM #19394
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council voted to ADOPT the Resolutions of Appreciation:
Homer W. Cunningham
Reva Kelberg
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, Ill, 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
1 3-
RESOLUTION OF APPRECIATION
TO
HOMER W. CUNNINGHAM
WHEREAS, Homer W. Cunningham has served as a member of
the School Board from 1976 thru 1982; and
WHEREAS, Romer W. Cunninghcm has served willingly and
untiringly in behalf of the City of Virginia Beach; and
WHEREAS, his dedication and unsetfish service involved
personal sacrifices and inconv6niences, not only to him, but
frequently to his family and/or business; and,
WHEREAS, we trust he reatized satisfaction in success-
fully administering in his advisory capacity not only to City
Councit, but to the citizens of this fast growing metropolis.
NOW, THEREFORE, ZE IT RESOLVED: That the Virginia
Beach City CounciZ recognizes this record of six (6) years of
distinguished service in publicty expressing its sincere gratitude
for his contribution of time, energy and inteztect.
IF IT FURTHER RESOLVED: That this Resolution of
Appreciation be rwde a part of the proceedings of the Format
Session of City Councit this Twenty-Fourth day of january, 1983,
in the City of Virginia Beach, Virginia.
Given under my hand and seal this
Twenty-Fourth day of January,
Nineteen Hundred and Eighty-Three.
Mayor
-14 -
RESOLUTION OF APPRECIATION
TO
MRS. REVA KELBERG
WHEREAS, Reva Kelberg has served as a member of the
Schoot Board from 1966 thru 1982; and
WHEREAS, Reva KeZberg has served witzingly and
untiringty in behatf of the City of Virginia Beach; and
WHEREAS, her dedication and unsetfish service involved
personaZ sacrifices and inconveniences, not onzy to her, but
frequentty to her fonity and/or business; and,
WHEREAS, we trust she realized satisfaction in success-
fuLly administering in her advisory capacity not only to City
Councit, but to the citizens of this fast growing metropotis.
NOW, THEREFORE, ZE IT RESOLVED: That the Virginia
Beach City Councit recognizes this record of sixteen (16) years
of distinguished service in publiczy expressing its sincere
gratitude for her contribution of time, energy and inteZIect.
ZE IT FURTHER RESOLVED: That this Resolution of
Appreciation be nude a part of the proceedings of the FormaZ
Session of City Councit this Twenty-Fourth day of January, 1983,
in the City of Virginia &ach, Virginia.
Given under my hand and seat this
Twenty-Fourth day of January,
Nineteen Hundred and Eighty-Three.
Mayor
- 1 5 -
ITEM 11-F.3 ITEM #19395
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance to transfer funds of $11,000 within the
Department of Public Works to replace a water pump at 58th Street.
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, 111, 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
-16 -
AN ORDINANCE TO TRANSFER FUNDS
OF $11,000 WITHIN THE DEPARTMENT
OF PUBLIC WORKS TO REPLACE A
WATER PUMP AT 58TH STREET
WHEREAS, the Department of Public Works presently
operates a gas-powered, six-inch water pump at 58th
Street, to remove water runoff that accumulates in
that area, and
WHEREAS, during periods of significant rain
accumulation the pump requires manual priming and
starting, refueling and iiices @a@:@-,
sionificant drain on the department's iia@power'@nd
additional personnel costs in.overtime@,
anct
WHEREAS, the departmient wishes to replace the
pump with an electric automatic start, six-inch
pump and upgrade the discharge line that presently
e:cperiences leakage at a total cost of $11,000, and
WHEREAS, the replacement of the gas-powered
pumD should significantly reduce the manpower needs
at this operation, and
WHEREAS, the department has available funds
within its budget to replace the pump due to lower
than estimated costs on maintenance resurfacing
contracts.
NOW THEREFORE BE IT ORDAINED BY,THE COUNCIL OF
THE CITY OF VIRGINIA BEACH that@funds of :,$, 10
transferred within the Department of Public Works
to replace the gas-powered water pump at 58th Street.
This ordinance shall be effective from the
date of its adoption.
Adopted by the Council of the City of Virginia
Beach on Twentv-Fourth day of January 1983.
APPp@o,@ED AS TO CC,,,,@Tr%!T
@@,IATI@7E--
- 1 7 -
ITEM 11-F.4 ITEM #193@6
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
ADOPT ON SECOND READING the Ordinance to accept and appropriate
additional funds of $2,000 to the Clean Community System Program.
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
-18 -
AN ORDINANCE TO A=PT AND APPROPRIATE
ADDITIONAL OF $2,000 FOR THE
CLEAN C SYSTEM PR
WHEREAS, City Council approved the fifth year funding of the Clean
CaTmunity Program in the fiscal year 1983 operating budget, and
WHEREAS, the State Department of Conservation and Fconcmic Devel t,
Division of Litter Cmtrol, will provide additional fifth year funds in the
aTnount of $2,000.
NOW, RE, BE IT ORDARM BY THE COUW-TT CF THE C= OF VIRGINIA
BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept the additional
funds for the City, and funds are hereby apprcpriated in the amount of $2,000
for the Clean C@ity System Prograrn, and
BE IT FURTHM ORDA= that -the appropriations be financed by $2,000
Estirrated Revenue frcm the State Depa@t of Conservation and Econcmic Development.
FIRST READING: January 17, 1983
SECOND READING: January 24, 1983
Adopted by the Comcil of the City of Virginia Beach m the 24th
day of January 1983.
APP,@ OVED AS To Co@'i
lalAlITMINT
TO OP
CITY A-TTC,!'N@y
- 1 9 -
ITEM II-F.5 ITEM #19397
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
ADOPT ON SECOND READING the Ordinance to decrease the Pendleton
Child Service Center appropriation by $87,499 and to accept $11,560
in Grant awards.
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. 11. Kitchin, Ill, 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
-20 -
AN ORDINANCE TO DECREASE THE
PENDLETCN CH]ID SERVICE CENTER
APPROPRIATICN BY $87,499 AND To
ACCEPT $11,560 IN GRANT
the City Council approved estiniated revenues in the amount
of $490,734 for the Pendleton Child Service Center (PCSC) in the 1983 Fiscal
YeaLr Operating Budget, and
WHEREAS, these estimated revenues have been reduced in the amount of
$87,499, and
, the United States Departuent of Agriculture (USDA) and the
Tidewater Children's Foundation (TCF) have awarded $1,560 for equi@t and
$10,000 for the day treat-nent cperations, respectively, for the PCSC.
NCW, @RE, BE IT ORDA= BY THE OC)UNCIL OF THE Cl!rY OF VIRGINIA
BEACH:
That Ey 83 Pendleton Child Service Center appropriations are hereby
reduced in the amomt of $87,499 and the City Manager is authorized to accept
the USDA and TCF grants and funds of $11,560 frcm the aforementioned grant awards
a-re h-eby apprcpriated for PCSC.
BE IT FUM= ORDAUED that @ $11,560 in additional appropriations
be financed by $11,560 in est@ted revenues frcm the USDA ($1,560) and TCF
($10,000).
FIRST @ING: January 17, 1983
SBCCND READING: January 24, 1983
Adopted by the Council of the city of Virginia Beach on the 24th
day Of January 1983.
Ar-Vi',OV@D AS TO CC,"IT"@4T
SiGNA UP.E
DEPARTMENT
APP',ZCAfc,D AS TP FOP@,'A
Cl-.Y ATT,D@l'Y
- 2 1 -
ITEM 11-F.6 ITEM #19398
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of High Point Avenue to Mr. Thomas B.
Cosgrove, Jr., his heirs, assigns and successors in title subject
to the following conditions:
1. The encroachment shall be maintained in accordance
with specifications of the Department of Public
Works.
2. This encroachment shall terminate when City sewer
and water lines are installed to service the
property known as 911 High Point Avenue.
3. Within 30 days after the date service is available,
the applicant shall connect to City water and
sewer and the encroachment shall terminate and
be removed at the expense of the applicant.
4. The applicant shall hold the City harmless from
all claims, damages, losses and expenses including
reasonable attorneys fees in case it shall be
necessary to file or defend an action arising out of
the location or existence of this encroachment.
5. This encroachment shall not be in effect until
the applicant has executed an agreement with the
City encompassing the above provisions.
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
-2 2 -
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF HIGH POINT AVENUE TO
MR. THOMAS B. COSGROVE, JR., HIS HEIRS,
ASSIGNS AND S[ICCESORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.i-893, Code of Virginia, 1950, as
amended, Mr. Thomas B. Cosqrove, Jr., his heirs,'assigns and
successors in title is authorized to construct and maintain a
temporary encroachment into the riqht-of-way of High Point
Avenue.
That the temporarv encroachment herein authorized is
for the purpose of constructinq and maintaining a 2" PVC Force
Main and that said encroachment shall be constructed and
maintained in accordance with the City of Virginia Beach Public
Works Department's specifications as to size, alignment and
location, and further that such temporary encroachment is more
particularly described as follows:
An area of encroachment into a portion of
the City's right-of-way known as High
Point Avenue, as shown on that certain
plat entitled: "'SITE PLAN OF LOTS 13
15 BLOCK 67 SHADOWLAWN HEIGHTS VIRGINIA
BEACH, VIRGINIA FOR THOMAS B. COSGROVE,
JR. SCALE: 1"=20',DATE: 1/9/82 MILLER-
FOX-STEPHENSON, P.C. ENGINEERS AND
SURVEYORS 204 GRAYSON ROAD, VIRGINIA
BEACH, VA. 23462 (804-490-9264),' a copy
of which is on file in the DelDartment of
Public Works and to which reference is
made for a more particular description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized will terminate when City sewer and water lines
are installed to service that property known as 911 High Point
Avenue (Lots 13 and 15, Block 67, Shadowlawn Heights). Within
thirty (30) days after the date that service is available, Mr.
Thomas B. Cosgrove, Jr., his heirs, assigns or successors in
title, shall connect to City water and sewer and said temporary
encroachment shall terminate and be removed by and at the expense
2 3 -
of Mr. Thomas B. Cosgrove, Jr., his heirs, assigns or successors
in title.
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Mr. Thomas B. Cosgrove, Jr., his heirs, assigns
and successors in title shall indemnify and hold harmless the
City of virginia Beach, its agents and employees from and against
all claims, damages, losses, and expenses inclu@ding reasonable
attorney's fees in case it shall be necessary to file or defend
an action arising out of the location or existence of such
encroachment.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that Mr. Thomas B. Cosgrove, Jr.
executes an agreement with the City of Virginia Beach
encompassing the afore-mentioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 24th day of January 1983 -
MES/SM
1/17/83
(29D)
AP?ROVEi) AS TO CO:@: il@IT
1. The encroachment shall be maintained i E
with specifications of the Department
Works. D@PARTt@.@,NT
2. This encroachment shall terminate when
and water lines are installed to servic
property known as 911 High Point Avenue CITY ATTO@@,.,,'EY
3. Within 30 days after the date,service,.,is available,
the applicant shall connect to City water and
sewer and the encroachment shall terminate and
be removed at the expense of the applicant.
4. The applicant shall hold the City harml ess from
all claims, damages, losses and expenses including
reasonable attorneys fees in case it shall be
necessary to file or defend an action arising out of
the location or existence of this encroachm6nt.
5. This encroachment shall not be in effect until
the applicant has executed an agreement with the
City encompassing the above provisions.
-2-
- 2 4 -
ITEM II-F.7 ITEM #19399
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance appointing Viewers in the petition of Thomas
C. Schubert, Jr., and Jane K. Shubert for the closure of a portion
of Lauderdale Avenue (formerly Lake Avenue), 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
2 5 -
ORDINANCE APPOINTING VIEWERS
WHEREAS, Thomas C. Shubert, Jr. and Jane K. Shubert,
have given due and proper notice, in accordance with the Stitutes
for such cases made and provided that they will on the 24th day
of January, 1983, appl-y to the City Council of the City of
Virginia Beach, Virginia, for the appointment of viewers to view
the below-described property and report in writing to the Council
whether, in the opinion of said Viewers, any, and if any, what
inconvenience would result from the discontinuance of the herein-
after described portion of that certain street of variable width,
and has filed such application with said Council.
NOW, T@FORE, be it ORDAINED by the Council of the
City of Virginia Beach,'Virginia:
THAT C. Oral Lambert
David M. Crochmal and
Robert J. Scott are hereby
appointed to view the below described property and report in
writing to the Council, as soon as possible, whether in their
opinion, any, and if any, what inconvenience would result in the
discontinuing and vacating of a portion of that certain street of
variable width located in the City of Virginia Beach, Virginia,
and more particularly described as follows:
Lauderdale Avenue (formerly Lake Avenue)
beginning at a point which is formed by
the intersection of the northern right of
way line of said Lauder-dale Avenue with
the western right of way line of Garrison
Avenue, and from said point of beginning
thence running in a generally southwesterly
direction along an extension in a southerly
direction of the said westitrii right of way
line of Garrison Avenue S 19* 41' W for a
distance of 34 feet to a point; thence
running N 68* 46' 33" W for a distance of
134.53 feet; thence running in:a generally
northeasterly direction N 33@ 00' E for a
L@ALEZIS D. KALEZIS distance of 70.63 feet to@a point which is
ATRORNEY AT LAW fo=ed by the intersection of northern
i@i.i. B.-h. Vi,cts@i. @t455 right of way line of said Lauderdale Avenue
with the dividing line b@tween Lots 16 and
17, in Block 16, on the Plat of Chesapeake
Park, recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach,
in Map Book 4, at page 47; and thence
2 6 -
running in a general southeasterly direc-
tion along the northe@n right of way line of
said Lauderdale Avenue which abuts the
southern boundary lines of Lots 17, 18, 19
and 20, in Block 16, on the aforesaid Plat
of Chesapeake Park, S 52* 32' 08" E for a
distance of 127.94 feet to a point in the
intersection of the northern right of way
line of said Lauderdale Avenue with the
western right of way line of said Garrison
Avenue, the point of beginning. (the
portion of said Lauderdale Avenue to be
vacated is'designated-as "Area = 6,764.206
SQ. FT." on the below described plat).
I
All the above as shown upon that certain plat ent@tled,
"Plat of Proposed Street Closure Along Front of Lots 17, 18, 19
& 20; Block,16 Chesapeake Park Recorded in M.B. 4, at pg. 47 in
the Clerk's Office of the Circuit Ct. Va. Bch. Bayside Borough
Virginia Beach, Va. For Thomas C., Jr. & Jane K. Shubert", which
plat is attached hereto.and made a part hereof and intended to be
recorded with the Ordinance closing the aforedescribed street.
:,Adopted by the Council of the City of Virginia Beach, Virginia,
@on the Twenty-fourth day of January, 1983
KALEZIS D. KALEZIS
A17ORNEY AT LAW
T
- 2 7 -
ITEM II-F.8 ITEM #19400
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance authorizing certain events conducted on City
property to be exempt from the prohibition from working or trans-
acting business on Sunday.
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
2 8 -
AN ORDINANCE AUTHORIZING CERTAIN
EVENTS CONDUCTED ON CITY PROPERTY
TO BE FXEMPT FROM THE PROHIBITION
FROM WORKING OR TRANSACTING BUSINESS
ON SUNDAY
WHEREAS, Section 18.2, Code of Virginia (1950) as
amended, requires the City Council of the City of Virginia Beach
to designate on a case-by-case basis the events which are exempt
from working or transacting business on Sundays; and
WHEREAS, the following citv property has been
designated by the Council of the City of Virginia Beach for the
following dates, as the site for the following events:
Date City Property Event
January 30 Pavilion New Automobile Show
,(approved on 8/9/82)
Cancelled
Bridal Fair (booked in
@place of Auto Show)
June 5 Pavilion Southeastern Gun and
Knife Show
July 3 Dome Antique Flea Market
July 17 Pavilion Tidewater Coin and Gun
Show
August 7 Pavilion Antique Flea Market
August 14 Pavilion Virginia Summer Leisure
Expo
October 9 Pavilion Virginia Amateur Radio
Trade Show
October 16 Pavilion Virginia Beach Jr.
Women's Club Romecrafts
Show
November 6 Pavilion Quilters Guild Show
November 27 Pavilion Countr yside Christmas
Fair
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the above-mentioned events are exempt from the
prohibition of working or transacting business on Sunday as
provided by general law. That the City Clerk is directed to
forward a certified copy of this Ordinance to the Commonwealth
Attorney.
ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, on the 24th day of January @1983.:)ASTOCON!T,-,'I-
JDB/da 1:@IARTME@@T
DAS
- 2 9 -
ITEM 11-F.9 ITEM #19401
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
APPROVE the request of the City Treasurer for tax refunds in the
amount of $1,611.20.
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
FORMNO.C.A.7
-7 3 0 -
EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D ate Penalty Int. Total
Year of Tax Number tion No. Paid
Norfol kDist Bd of Missions 80 RE(1/2) 46745-6 11/29/79 92.50
Norfol kDist Bd of Missions 80 RE(2/2) 46745-6 6/5/80 92.50
Norfol kDist Bd of Missions 80 RE(1/2) 46746-5 11/29/79 92.50
Norfol kDist Bd of Missions 80 RE(2/2) 46746-5 6/5/80 92.50
Norfolk Dist Bd of Missions 81 RE(1/2) 55666-1 12/3/80
110.55
Norfolk Dist Bd of Missions 81 RE(2/2) 55666-1 6/5/81 110.55
Norfol kDist Bd of Missions 81 RE(1/2) 55665-2 12/3/80 110.55
Norf ol kDist Bd of Missions 81 RE(2/2) 55665-2 6/5/81 110.55
Norfol kDist Bd of Missions 82 RE(1/2) 58094-6 12/2/81 126.00
Norfol kDist Bd of Missions 82 RE(2/2) 58094-6 6/5/82 126.00
Norf ol kDist Bd of Missions 82 RE(112) 58093-7 12/2/81 126.00
Norf ol kDist Bd of Missions 82 RE(2/2) 58093-7 6/5/82 126.00
Norfol kDist Bd of Missions 83 RE(1/2) 60511-6 12/5/82 140.00
Norfol kDist Bd of Missions 83 RE(1/2) 60510-7 12/5/82 140.00
Virginia T Batts 83 Dog V4577 1/4/83 5.00
William D McKeever 83 Pkng 60154 1/10/83 10.00
Total 1,611.20
DF-P-r- OF- ",w
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$ 1 , 6 1 1 . 2 0 were approved by
the Council of the City of Virginia
Beach on the 2 4 day of January
surer
Approved as to Aprm:
Ruth Hodges Smith
City Clerk
Dale Simson, City Attorney
- 3 1 -
P L A N N I N G A G E N D A
ITEM 11-G.1 ITEM #19402
Attorney Kalezis D. Kalezis represented the applicant and requested
an additional two week deferral.
Upon motion by Councilman Jennings, seconded by Councilman Jones,
City Council voted to DEFER FOR TWO WEEKS (February 7, 1983) the
Ordinance closing, vacating and discontinuing a portion of an
unimproved alley located between Virginia Beach Boulevard and 18th
Street in the petition of Peter J. Gualeni and Joseph J. Gualeni,
in the Lynnhaven Borough. (This matter was deferred on November 22,
1982.)
Voting: 10-0
Council Members Voting Aye: (for deferral)
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
3 2 -
ORDINANCE NO.
IN THE MKTTER OF CLOSING, VACATING AND DISCONTINUING
A PORTION OF THAT CER7iAIN STREET OR ALLEY AS SHOWli
ON THAT CERTAIN PLAT ENTITLED "PLAN OF PROPERTY PRO-
POSED ALLEY CLOSURE BEING THE WESTEIUI MOST PORTION
OF THE ALLEY LOCATED IN BLOCK 3 PLAT OF ATLANTIC
INVESTMENT COMPANY M. B. 55 P. 33 LYtiNHAVEN BOROUGH
VIRGINIA BEACH, VIRGINIA", DATED SEPTEMBER 15, 1982,
MADE BY GALLUP SURVEYORS & ENGINEERS, LTD., WHICH
PLAT IS RECORDED IN THE CLERK'S OFFICE OF THE
CIRCUIT COURT'OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
IN MAP BOOK AT PAGE
WHEREAS, it appearing by affidavit that proper notice has
been given by Peter J. Gualeni and Joseph J. Gualeni, that they
would make application to the Council of the City of Virginia
Beach, Virginia, on to have the hereinafter
described street or alley, discontinued, closed, and vacated;
and
WHEREAS, it is ti,,e judgment of the Council that said
street or alley be discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described street or alley
be discontinued, closed, and vacated:
The wester=ost portion of the alley located
in Block 3, Plat of Property of the Atlantic
Investment Company, recorded in the Clerk's
Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 55,
page,33, beginning at a point in the southern
right of way line of the aforesaid alley where
it intersects with the northwest corner of
Lot 2, in Block 3, on the aforesaid plat of
the Property of the Atlantic Investment Company,
said point of beginning b6ing 141.18 feet north
of 17th Street, 60'.(R/W), as measured along
the western boundary line of said Lot 2, in
Block 3, on the aforesaid plat, and from said
point of beginnin-, thence running N 05* 30' E
for a distance of 20.17 feet to a point; thence
running in an eas@erly direction along the
southern boundary line of.Lots 30, 29 and 28,
in Block 3, on the aforesaid plat of property of
the Atlantice Investment Company N 88@ 05' 35" E,
for a distance of 90.60 feet to a point; thence.
running in a southerly direction S 01* 54' 25" E
for a distance of 20.00 feet to a point in the
3 3 -
northeast corner of Lot 5 in Block 3, on the
aforesaid plat of Property of the Atlantic
Investment Company; thence running in a
westerly dire6tion along the northern boundary
line of Lots 5, 4, 3 and 2, in Block 3, on the
aforesaid plat of Property of Atlantic Invest-
ment Company S 88* 05' 35" W for a distance
-of 93.20 feet to a point, the point of be.@inning.
Said parcel of land being a portion of a street or alley,
as sho;qn on that certain plat entitled "Plan of Property Proposed
Alley Closure Being the Western Most Portion of the Alley Located
in Block 3 Plat of Atlantic Investment Company M. B. 55 P. 33
LyTinhaven Borough Virginia Beach, Virginia", dated September 15,
i 19821 made by Gallup Surveyors & Engineers, Ltd., which plat i.s
:1 recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia, in Map Book at page
and which is made a part hereof by reference.
-SECTION II
A certified copy of the Ordinance shall be filed in the
Office of the Circuit Court of the City of Virginia Beach, indexed
in the name of the City of Virginia Beach, as grantor.
SECTION III
D ferred by City Council: January 24, 1983
- 34 -
ITEM II-C.2 ITEM #19403
Charles N. Flippin appeared in behalf of his application
Upon motion by Councilman Baum, seconded by Vice Mayor Henley, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of CHARLES N. AND SUE FLIPPIN for a
Change of Zoning District Classification as per the following:
ORDINANCE UPON APPLICATION OF CHARLES N. Z0183696
AND SUE FLIPPIN FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM AG-2
AGRicnTURAL DISTRICT TO B-2 COMt4UNITY-
BUSINESS DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Charles N. and Sue
Flippin for a Change of Zoning District Classifi-
cation from AG-2 Agricultural District to B-2
Community-Business District on certain property
located on the West side of Blackwater Road beginning
at a point 1600 feet more or less South of Pungo Ferry
Road, running a distance of 273.48 feet along the
West side of Blackwater Road, running a distance of
71.08 feet along the Southern property line, running
a distance of 275 feet along the Western property
line and running a distance of 131.24 feet along the
Northern property line. Said parcel contains 29,210
square feet. BLACKWATER BOROUGH.
During further review of the development plans for
this project, the following may be required by the
staff:
1. Permits from the appropriate Local, State and
Federal agencies may be required for dredging,
filling, bulkheading or other waterfront
related activities.
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Fourth day of January, 1983
1/24/83
3 5 -
Voting: 10 -0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbar
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, W. H. Kitchin, 111, 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
- 3 6 -
ITEM II-G.3 ITEM #19404
Upon motion by Councilman Kitchin, seconded by Councilman Baum,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of ARTHUR KREGER, SHIRLEY
KREGER, LEVIN AND RUTH KRECER for a hange f Zoning Ditrict
Classification as per the following:
ORDINANCE UPON APPLICATION OF ARTHUR Z0183697
KREGER, SHIRLEY KREGER, LEVIN AND
RUTH KREGER FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM A-1
APARTMENT DISTRICT TO A-3 APARTMENT
DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Arthur Kreger, Shirley
Kreger, Levin and Ruth Kreger for a Change of Zoning
District Classification from A-1 Apartment District
to A-3 Apartment District on property located on the
Northwest corner of Arctic Avenue and 32nd Street on
Lots 1, 2 and 3, Block 105, Linkhorn Park. Said parcel
contains 21,000 square feet. VTRGINIA BEACH 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.
Prior to the change in the official zoning map, the
following condition will be met:
1. Resubdivision of the property and vacation of
existing lot lines to avoid the creation of
nonconforming lots.
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Fourth day of January, 1983.
3 7 -
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
-3 8-
1TEM 11-G.4 ITEM #19405
Upon motion by Councilman Heischober, seconded by Councilman Jones,
City Council voted to APPROVE the request of the applicant and
permit WITHDRAWAL of the applications of MARGUERITHE HAASNOOT AND
JACOBUS BOODEN for Changes of Zoning District Classification as
per the following:
Ordinance upon application of Marguerithe Haasnoot
and Jacobus Booden for a Change of Zoning District
Classification from R-8 Residential District to B-4
Resort-Commercial District on property located on
the West side of Rockbridge Road, North of Shore
Drive on Lot 8, Block 20, Ocean Park. Said parcel
contains 6465 square feet more or less. BAYSIDE
BOROUGH.
Ordinance upon application of Marguerithe Haasnoot
and Jacobus Booden for a Change of Zoning District
Classification from B-2 Community-Business District
to B-4 Resort-Commercial District on property located
on the Northwest corner of Shore Drive and Rockbridge
Road on Lots 9, 10 and 11, Block 20, Ocean Park. Said
parcel contains 17,504 square feet. BAYSIDE BOROUGH.
Voting: 10-0
Council Members Voting Aye: (for withdrawal)
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
- 3 9 -
ITEM II-G.5 ITEM #19406
Attorney William McGraw represented the applicant
Frank Park, 720 Brinson Arch, spoke in opposition
Upon motion by Councilman Heischober, seconded by Councilman Baum,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of WALLACE M. AND BETTY W.
VAUGHAN for a Conditional Use Permit as per the following with
an amendment to condition number two and the deletion of condition
number three:
2. Approval is for a period of aRe two years.
3.
ORDINANCE UPON APPLICATION OF WALLACE M. R0183516
AND BETTY W. VAUGHAN FOR A CONDITIONAL
USE PERMIT FOR A HOME OCCLJPATION (CHILD
CARE)
BE IT ORDAINED BY TFIE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Wallace M. and Betty W.
Vaughan for a Conditional Use Permit for a home
occupation (child care) on Lot 23, Block 3, Aragona
Village. Said parcel is located at 721 Brinson Arch
and contains 7013 square feet. BAYSIDE BOROUGH.
As conditions of the use permit the following are
required.
1. Limited to a maximum of ten (10) children.
2. Approval is for a period of two (2) years.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the wenty-Fourth day of anuary, 1983.
4 0 -
Voting: 9 -1
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, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Nancy A. Creech
-4 1-
U N F I N I S H E D B U S I N E S S
ITEM II-H.1 ITEM #19407
Joyce Glassman spoke in behalf of Beach Rescue Service
Attorney Barry Koch spoke in behalf of Ocean Rescue Service
Upon motion by Councilman McCoy, seconded by Councilman Heischober,
City Council voted to ADOPT the Ordinances and allow the City
Manager to execute these documents subject to changes recommended
by Members of City Council in both the INFORMAL and EXECUTIVE
SESSIONS, and further, to authorize the City Manager to advertise
for bids in accordance with State and City Codes.
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
-4 2 -
AN ORDINANCE TO PROVIDE FOR THE GRANTING BY THE CITY OF
VIRGINIA BEACH, VIRGINIA, To A PERSON, PERSONS,
PARTNERSHIP, OR CORPORATION IN THE MANNER PRESCRIBED BY
LAW, PURSUANT TO THE POLICE POWERS OF THE CITY, AS 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, A NONEXCLUSIVE
FRANCHISE, RIGHT, AND PRIVILEGE, UPON CERTAIN CONDITIONS, TO
USE A PORTION OF THE PUBLIC BEACH ADJACENT TO THE ATLANTIC
OCEAN IN THE CITY OF VIRGINIA BEACH AS THE SAME NOW EXISTS OR
MAY BE HEREAFTER EXTENDED OR ALTERED, FOR THE PURPOSE OF
CONDUCTING CERTAIN BEACH EQUIPMENT RENTAL OPERATIONS IN
CONSIDERATION FOR PROVIDING LIFEGUARD AND OTHER SERVICES ALONG
THE OCEANFRONT AND FOR THE PAYMENT OF THE AMOUNT BID BY THE
FRANCHISEE AND FOR OTHER GOOD AND VALIJABLE CONSIDERATION; AND
TO PROVIDE FOR THE RECEIVING OF BIDS FOR SIJCH FRANCHISE,
RIGHT, AND PRIVILEGE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
SECTION I. That it is proposed that there shall be granted,
in the manner prescribed by la-w, a nonexclusive franchise, right,
and privilege to use that portion of the sand beach of the Atlantic
ocean bordered on the west and east, respectively, by the
easternmost edge of the boardwalk or bulkhead and the mean low
water line of the Atlantic Ocean and bordered on the south and
north, respectively, by a point approximately 7,106.69 feet north
of the northern jetty of Rudee Inlet and a point approximately
14,213.38 feet north of the northern letty of Rudee Inlet,
hereinafter the 'Premises," for the purpose of conducting beach
equipment rental of fioats, beach chairs, umbrellas, and booqie
boards to the public in accordance with the terms and
specifications in the document entitled 'FRANCHISE AGREEMFNT, AREA
p's -1 -" 7,4111,16@ l@. ,
NO. 1,' hereinafter the "Franchise Agreement," contained in the Bid
Proposal Documents, dated January 24, 1983, a copy of which is on
file in the Finance Department, Purchasing Division, Room 352, City
Hall Buildinc(, Municipal Center, Virginia Beach, Virainia, 23456,
and hereby incorporated by reference, in consideration for the
Franchisee providing lifeguard and other services on the Premises
in accordance with the Franchise Agreement and for the payment of
-4 3-
the amount bid by the Franchisee and for other good and valuable
consideration, pursuant to the following proposed ordinance:
AN ORDINANCE TO GRANT TO PURSUANT
TO THE POLICE POWERS OF HE CITY, AS EMBODIED IN SECTIUN
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, A NONEXCLUSIVE
FRANCHISE, RIGHT, AND PRIVILEGE UPON CERTAIN CONDITIONS TO
USE A PORTION OF THE PUBLIC BEACH ADJACENT TO THE ATLANTIC
OCEAN IN THE CITY OF VIRGINIA BEACH AS THE SAME NOW EXISTS
OR MAY BE HEREAFTER EXTENDED OR ALTERED, FOR THE PURPOSE OF
CONDUCTING CERTAIN BEACH EQUIPMENT RENTAL OPERATIONS IN
CONSIDERATION FOR PROVIDING LIFEGUARD AND OTHER SERVICES
ALONG THE OCEANFRONT AND FOR THE PAYMENT OF THE AMOUNT BID
BY THE FRANCHISEE AND FOR OTHER GOOD AND VALUABLE
CONSIDERATION.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
SECTION 1. it is hereby granted unto
hereinafter referred to as "Fr@anchisee,l for the term of five (5)
years commencinq on and terminatinq on
the nonexclusive right to use that portion of the
sand beach of the Atlantic ocean bordered on the west and east,
respectively, by the easternmost edge of the boardwalk or
bulkhead and the mean low water line of the Atlantic Ocean and
bordered on the south and north, respectively, by a point
7,106.69 feet north of the northern jetty of Rudee Inlet and a
point approximately 14,213.38 feet north of the northern jetty of
Rudee Inlet, for the purpose of conducting beach equipment rental
of floats, beach chairs, umbrellas, and boogie boards to the
public in accordance with the terms and specifications of the
"FRANCHISE AGREEMENT - AREA NO. 1,' hereinafter the "Franchise
Agreement," contained in the Bid Proposal Documents, dated
January 24, 1983, a copy of which is on file in the Finance
Department, Purchasing Division, Room 352, City Hall Building,
Municipal Center, Virginia Beach, virginia, and hereby
incorporated by reference.
SECTION 2. In consideration for the rights conferred by the
City upon the Franchisee found in Section 1, the Franchisee shall
execute the Franchise Aqreement and shall provide lifeguard and
other services throughout the Franchise Area in accordance with
-2-
-4 4 -
the terms, conditions, qualifications, covenants, and limitations
contained in the Franchise Agreement.
SECTION 3. As additional consideration, the Franchisee
shall pay to the City an annual franchise fee in the amount of
the first year, tbe second year,
the third year, the fourth year, and the
fifth year. These fees, excluding the ten percent (10%) required
at time of bid, shall be tendered to the City at the time of the
award of the francise or in accordance with the payment schedule
outlined in the Franchise Agreement.
SECTION 4. The Franchisee shall provide sufficient
insurance, secure a Performance Bond, indemnify the Ciiy, and
execute any and all documents.effectuatinq these purposes in
accordance with the Franchise Agreement.
SECTION 5. The Franchisee shall utilize only such equipment
and personnel as comply with the minimum qualifications contained
in the Franchise Agreement.
SECTION 6. The City reserves all rights specifically
reserved in the Franchise Agreement and all other rights not
specifically granted to the Franchisee in the Franchise
Agreement.
Adopted by the City Council of the City of Virginia Beach on
this day of -, 1983.
SECTION II. That upon the approval of this Ordinance by the
city Council, the City Clerk shall cause to be advertised once a
week for four successive weeks in a publication of general
circulation in the City of Virqinia Beach, the full text of the
Ordinance contained in Section I of this ordinance and in addi-
tion thereto, shall, by such advertisement, invite bids for the
franchise, right, and privilege proposed to be granted by said
Ordinance by publishing with the Ordinance the followinq Notice:
-3-
4 5 -
N 0 T I C E
Bids will be received by the City Council of the City of
virginia Beach, Virqinia, for the franchise, right, and privilege
upon certain condit7lons, to use a portion of the beach alonq and
adjacent to the Atlantic Ocean in the City of Virginia Beach,
Virginia, for the purpose of conducting certain beach equipment
rental operations in consideration for providing lifeguard and
other services along the oceanfront, as more particularly set
forth in the text of the proposed ordinance published below and
in the Franchise Agreement contained in the Bid Proposal
Documents, available to the public in the Finance Department,
Purchasing Division, Room 352, City Hall Building, Municipal
Center, Virginia Beach, Virginia, 23456.
Bids must be submitted in writing and delivered to the
Mayor of the City of Virginia Beach, Virginia, in open session of
the City Council meeting, in the Council Chambers, City Hall
Building, Municipal Center, Virginia Beach, Virginia, on the 28th
day of February, 1983, by 7:00 p.m.
After receivinq-said bids, the Mayor and the City Council
will proceed to consider the bids and the granting of the
proposed franchise in the manner prescribed by law.
The right is hereby expre7ssly reserved to reject any and all
bids for any reason whatsoever and to waive informalities in the
best interest of the City.
The successful bidder shall be required to reimburse the
City of Virginia Beach for the cost of advertisement of this
Ordinance.
Passed by the City Council of the City of Virginia Beach,
Virginia, on the 24th day of January, 1983, subject to changes
recommended by Members of City Council in both the INFORMAL and
EXECUTIVE SESSION January 24,@ 1983.
(C.2)
RJN/da
1/19/83
-4-
-4 6 -
AN ORDINANCE TO PROVIDE FOR THE GRANTING BY THE CITY OF
VIRGINIA BEACH, VIRGINIA, TO A PERSON, PERSONS,
PARTNERSHIP, OR CORPORATION IN THE MANNER PRESCRIBFD BY
LAW, PURSUANT TO THE POLICE POWERS OF THE CITY, AS 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, A
NONEXCLUSIVE FRANCHISE, RIGHT, AND PRIVILEGE, UPON CERTAIN
CONDITIONS, TO USE A PORTION OF THE PUBLIC BEACH ADJACENT TO THE
ATLANTIC OCEAN IN THE CITY OF VIRGINIA BEACH AS THE SAME NOW
EXISTS OR MAY BE HEREAFTER EXTENDED OR ALTERED, FOR THE PURPOSE
OF CONDUCTING CERTAIN BEACH EQUIPMENT RENTAL OPERATIONS IN
CONSIDERATION FOR PROVIDING LIFEGUARD AND OTHER SERVICES ALONG
THE OCEANFRONT AND FOR THE PAYMENT OF THE AMOUNT BID BY THE
FRANCHISEE AND FOR OTHER GOOD AND VALUABLE CONSIDERATION; AND TO
PROVIDE FOR THE RECEIVING OF BIDS FOR SUCH FRANCHISE, RIGHT, AND
PRIVILEGE.
BE IT ORDAINED BY THE COUNCIL OF THE,CITY OF VIRGINIA BEACH,
VIRGINIA:
SECTION I. That it is proposed that there shall be granted,
in the manner prescribed by law, a nonexclusive franchise, right,
and privilege to use that portion of the sand beach of the
Atlantic Ocean bordered on the west and east, respectively, by
the easternmost edge of the boardwalk or bulkhead and the mean
low water line of the Atlantic Ocean and bordered on the south
and north, respectively, by the northern jetty of Rudee Inlet and
a point approximately 7,106.69 feet north of the northern jetty
of Rudee Inlet, hereinafter the "Premises," for the purpose of
conducting beach equipment rental of floats, beach chairs,
umbrellas, boogie boards, and surfboaids to the public in accordance
with the terms and specifications in the document entitled
"FRANCHISE AGREEMENT, AREA NO. 2," hereinafter the "Franchise
Agreement,' contained in the Bid Proposal Documents, dated January
24, 1983, a copy of which is on file in the Finance Department,
Purchasing Division, Room 352, City Hall Building, Municipal
Center, Virginia Beach, Virginia, 23456, and hereby incorporated
by reference, in consideration for the Franchisee providing
lifeguard and other services on the Premises in accordance with
-4 7 -
the Franchise Aqreement and for th e payment of the amount bid by
the Franchisee and for other good and valuable consideration,
pursuant to the following proposed ordinance:
AN ORDINANCE TO GRANT TO PURSUANT
TO THE POLICE POWERS OF THE CITY, AS EMBODIED IN SECTIOF
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, A NONEXCLUSIVE
FRANCHISE, RIGHT, AND PRIVILEGE UPON CERTAIN CONDITIONS TO
USE A PORTION OF THE PUBLIC BEACH ADJACENT TO THE ATLANTIC
OCEAN IN THE CITY OF VIRGINIA BEACH AS THE SAME NOW EXISTS
OR MAY BE HEREAFTER EXTENDED OR ALTERED, FOR THE PURPOSE OF
CONDUCTING CERTAIN BEACH EQUIPMENT RENTAL OPERATIONS IN
CONSIDERATION FOR PROVIDING LIFEGUARD AND OTHER SERVICES
ALONG THE OCEANFRONT AND FOR THE PAYMENT OF THE AMOUNT BID
BY THE FRANCHISEE AND FOR OTHER GOOD AND VALUABLE
CONSIDERATION.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
SECTION 1. it is hereby granted unto
hereinafter referred to as 'Franchisee,l for the term of five (5)
years commencing on and terminating on
the nonexclusive right to use that portion of the
sand beach of the Atlantic Ocean bordered on the west and east,
respectively, by the easternmost edge of the boardwalk or
bulkhead and the mean low water line of the Atlantic Ocean and
bordered on the south and north, respectively, by the northern
jetty of Rudee Inlet and a point approximately 7,106.69 feet
north of the northern jetty of Rudee Inlet for the purpose of
conducting beach equipment rental of floats, beach chairs,
umbrellas, boogie boards, and surfboards to the public in
accordance with the terms and specifications of the "FRANCHISE
AGREEMENT - AREA NO. 2," hereinafter the "Franchise Aqreement,l
contained in the Bid Proposal Documents, dated January 24, 1983,
a copy of which is on file in the Finance Department, Purchasing
Division, Room 352, City Hall Building, Municipal Center,
Virginia Beach, Virginia, and hereby incorporated by reference.
SECTION 2. In consideration for the rights conferred by the
City upon the Franchisee found in Section 1, the Franchisee shall
execute the Franchise Agreement and shall provide lifeguard and
other services throughout the Franchise Area in accordance with
-2-
-4 8 -
the terms, conditions, qualifications, covenants, and limitations
contained in the Franchise Agreement.
SECTION 3. As additional consideration, the Franchisee
shall pay to the City an annual franchise fee in the amount of
the first year, the second
year, the third year, the
fourth vear, and , the fifth year. These fees,
excluding the ten percent (10%) required at time of bid, shall be
tendered to the City at the time of the award of the franchise or
in accordance with the payment schedule outlined in the Franchise
Agreement.
SECTION 4. The Franchisee shall provide sufficient
insurance, secure a Performanqe Bond, indemnify the City, and
execute any and all documents effectuating these purposes in
accordance with the Franchise Agreement.
SECTION 5. The Franchisee shall utilize only such equipment
and personnel as comply with the minimlun qualifications contained
in the Franchise Agreement.
SECTION 6. The City reserves all rights specificallv
reserved in the Franchise Agreement and all other rights not
specifically qranted to the Franchisee in the Franchise
Agreement.
Adopted by the City Council of the City of Virginia Beach on
this day of 1983.
SECTION II. That upon the approval of this Ordinance by the
City Council, the City Clerk shall cause to be advertised once a
week for four successive weeks in a publication of general
circulation in the City of Virginia Beach, the full text of the
Ordinance contained in Section I of this ordinance and in addi-
tion thereto, shall, by such advertisement, invite bids for the
franchise, right, and privilege proposed to be granted by said
Ordinance by publishing with the Ordinance the following Notice:
-3-
-4 9 -
N 0 T I C E
Bids will be received by the City Council of the City of
Virginia Beach, Virginia, for the franchise, right, and privilege
upon certain conditions, to use a portion of the beach along and
adjacent to the Atlantic Ocean in the City of Virginia Beach,
Virginia, for the purpose of conducting certain beach equipment
rental operations in consideration for providing lifeauard and
other services along the oceanfront, as more particularly set
forth in the text of the proposed ordinance published below and
in the Franchise Agreement contained in the Bid Proposal
Documents, available to the public in the Finance Department,
Purchasing Division, Room 352, City Hall Building, Municipal
Center, Virginia Beach, Virginia, 23456.
Bids must be submitted in writing and delivered to the
Mayor of the City of Virginia Beach, Virginia, in open session of
the City Council meeting, in the Council Chambers, City Hall
Building, Municipal Center, Virginia Beach, Virginia, on the 28th
day of February, 1983, by 7:00 p.m.
After receiving said bids, the Mayor and the City Council
will proceed to consider the bids and the grantinq of the
proposed franchise in the manner prescribed by law.
The right is hereby expressly reserved to reject any and all
bids for any reason whatsoever and to waive informalities in the
best interest of the City.
The successful bidder shall be required to reimburse the
City of Virginia Beach for the cost of advertisement of this
ordinance.
P6ssed by the City Council of the City of Virginia Beach,
Virginia, on the 24th day of January, 19831 subject to cbanges
recommended by Members of City Council in both the INFORMAL and
EXECUTIVE SESSION January 24, 1983.
(C.2)
RJN/da
1/19/83
-4-
-50-
AN ORDINANCE TO PROVIDE FOR THE GRANTING BY THE CITY OF
VIRGINIA BEACH, VIRGINIA, TO A PERSON, PERSONS,
PARTNERSHIP, OR CORPORATION IN THE MANNER PRESCRIBED BY
LAW, PURSUANT TO THE POLICE POWERS OF THE CITY, AS 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, A
NONEXCLUSIVE FRANCHISE, RIGHT, AND PRIVILEGE, UPON CERTAIN
CONDITIONS, TO USE A PORTION OF THE PUBLIC BEACH ADJACENT TO
THE ATLANTIC OCEAN IN LITTLE ISLAND PARK IN THE CITY OF
VIRGINIA BEACH AS THE SAME NOW EXISTS OR MAY BE HEREAFTER
EXTENDED OR ALTERED, FOR THE PURPOSE OF CONDUCTING CERTAIN
BEACH EQUIPMENT RENTAL OPERATIONS IN CONSIDERATION FOR
PROVIDING LIFEGUARD AND OTHER SERVICES ALONG THE OCEANFRONT
AND FOR THE PAYMENT OF THE AMOUNT BID BY THE FRANCHISEE AND
FOR OTHER GOOD AND VALUABLE CONSIDERATION; AND TO PROVIDE
FOR THE RECEIVING OF BIDS FOR SUCH FRANCHISE, RIGHT, AND
PRIVILEGE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
SECTION I. That it is proposed tha t there shall be granted,
in the manner prescribed by law, a nonexclusive franchise, right,
and privilege to use that portion of the sand beach of the
Atlantic Ocean bordered on the west and east, respectively, by
the easternmost edge of the primary sand dunes and the mean low
water line of the Atlantic Ocean and bordered on the north and
south, respectively, by a point approximately 780 feet north of
the Little Island Fishing Pier and a point approximately 1000
feet south of the Little Island Fishing Pier, hereinafter the
'Premises,' for the purpose of conducting beach equipment rental
of floats, beach chairs, umbrellas,@ boogie boards, and surfboards
to the public in accordance with the terms and specifications in
)K
the document entitled 'FRANCHISE AGREEMENT, AREA NO. 3," herein-
after the 'Franchise Agreement," contained in the Bid Proposal
Documents, dated January 24, 1983, a copy of which is on file in
the Finance Department, Purchasing Division, Room 352, City Hall
Building, Municipal Center, Virginia Beach, Virginia, 23456, and
hereby incorporated by reference, in consideration for the
Franchisee providing lifeguard and other services on the Premises
in accordance with the Franchise Agreement and for the payment of
5 1 -
the amount bid by the Franchisee and for other good and valuable
consideration, pursuant to the following proposed ordinance:
AN ORDINANCE TO GRANT TO PURSUANT
TO THE POLICE POWERS OF THE CITY, Ai EMB DIEU I-N 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, A NONEXCLUSIVE
FRANCHISE, RIGHT, AND PRIVILEGE UPON CERTAIN CONDITIONS TO
USE A PORTION OF THE PUBLIC BEACH ADJACENT TO THE ATLANTIC
OCEAN IN LITTLE ISLAND PARK IN THE CITY OF VIRGINIA BEACH AS
THE SAME NOW EXISTS OR MAY BE HEREAFTER EXTENDED OR ALTERED,
FOR THE PURPOSE OF CONDUCTING CERTAIN BEACH EQUIPMENT RENTAL
OPERATIONS IN CONSIDERATION FOR PROVIDING LIFEGUARD AND
OTHER SERVICES ALONG THE OCEANFRONT AND FOR THE PAYMENT OF
THE AMOUNT BID BY THE FRANCHISEE AND FOR OTHER GOOD AND
VALUABLE CONSIDERATION.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
SECTION 1. It is hereby granted unto
hereinafter referred to as 'Fr anchisee," for the term of five (5)
years commencing on and terminating on
the nonexclusive right to use that portion of the
sand beach of the Atlantic Ocean in Little Island Park bordered
on the west and east, respectively, by the easternmost edge of
the primary sand dunes and the mean low water line of the
Atlantic Ocean and bordered on the north and south, respectively,
by a point approximately 780 feet north of the Little Island
Fishing Pier and a point approximately 1000 feet south of the
Little Island Fishing Pier for the purpose of conducting beach
equipment rental of floats, beach chairs, umbrellas, boogie
boards, and surfboards to the public in accordance with the terms
and specifications of the 'FRANCHISE AGREEMENT - AREA NO. 3,-
hereinafter the "Franchise Aqreement," contained in the Bid
Proposal Documents, dated January 24, 1983, a copy of which is on
file in the Finance Department, Purchasing Division, Room 352,
City Hall Building, Municipal Center, Virginia Beach, Virginia,
and hereby incorporated by reference.
SECTION 2. In consideration for the rights conferred by the
City upon the Franchisee found in Section 1, the Franchisee shall
execute the Franchise Agreement and shall provide lifeguard and
other services throughout the Franchise Area in accordance with
-2-
5 2 -
the terms, conditions, qualifications, covenants, and limitations
contained in the Franchise Agreement.
SECTI ON 3. As additional consideration, the Franchisee
shall pay to the City an annual franchise fee in the amount of
the first year, the second
year, the third year, the
fourth year, and the fifth year. These fees,
excluding the ten percent (10%) required at time of bid, shall be
tendered to the City at the time of the award of the franchise or
in accordance with the payfnent schedule outlined in the Franchise
Agreement.
SECTION 4. The Franchisee shall provide sufficient
insurance, secure a Performan4ze Bond, indemnify the City, and
execute any and all documents effectuating these purposes in
accordance with the Franchise Agreement.
SECTION 5. The Franchisee shall utilize only such equipment
and personnel as comply with the minimum qualifications contained
in the Franchise Agreement.
SECTION 6. The City reserves all rights specifically
reserved in the Franchise Agreement and all other rights not
specifically granted to the Franchisee in the Franchise
Agreement.
Adopted by the City Council of the City of Virginia Beach on
this day of , 1983.
SECTION II. That upon the approval of this Ordinance by the
City Council, the City Clerk shall cause to be advertised once a
week for four successive weeks in a publication of general
circulation in the City of Virginia Beacb, the full text of the
Ordinance contained in Section I of this Ordinance and in addi-
tion thereto, shall, by such advertisement, invite bids for the
franchise, right, and privilege proposed to be granted by said
Ordinance by publishing with the Ordinance the following Notice:
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N 0 T I C E
Bids will be received by the City Council of the City of
Virginia Beach, Virqinia, for the franchise, right, and privilege
upon certain conditions, to use a portion of the beach along and
adjacent to the Atlantic Ocean in the City of Virginia Beach,
Virginia, for the purpose of conducting certain beach equipment
rental operations in consideration for providing lifeguard and
other services along the oceanfront, as more particularly set
-forth in the text of the proposed ordinance published below and
in the Franchise Agreement contained in the Bid Proposal
Documents, available to the public in the Finance Department,
Purchasing Division, Room 352, City Hall Building, Municipal
Center, Virqinia Beach, Virginia, 23456.
Bids must be submitted in writing and delivered to the
Mayor of the City of Virginia Beach, virqinia, in open session of
the City Council meeting, in the Council Chambers, City Hall
Building, Municipal Center, Virginia Beach, Virginia, on the 28th
day of February, 1983, by 7:00 p.M.
After receiving said bids, the Mayor and the City Council
will proceed to consider the bids and the granting of the
proposed franchise in the manner prescribed by law.
The right is hereby expressly reserved to reject any and all
bids for any reason whatsoever and to waive informalities in the
best interest of the City.
The successful bidder shall be required to reimburse the
City of Virginia Beach for the cost of advertisement of this
Ordinance.
Passed by the City Council of the City of Virginia Beach,
Virginia, on the 24th day of January, 1983, subject to changes
recom.izeT;ded by Members of City Council in both the INFORMAL and
EXECUTIVE SESSION January 24, 1983.
(C.2)
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1/19/83
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ITEM II-H.2 ITEM #19408
Councilman Baum advised during the INFORMAL SESSION, he presented
Council "earlier opinions by the City Attorney" concerning the
use of the City Seal and noted since the City did not get the
Seal copyrighted when the City was founded, "we have no legal
grounds to approve/disapprove" the use of the City Seal.
The City Clerk was directed to respond to this request witb the
City Attorney reviewing, and approving the content of that response.
N E W B U S I N E S S
ITEM II-I.1 ITEM #19409
Upon motion by Vice Mayor Henley, seconded by Councilman Baum,
City Council voted to CANCEL the Regular Meeting of February 21,
1983, as it is a legal holiday (Washington's Birthday).
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
I 2 4 8 3
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ITEM II-I.2 ITEM #19410
Upon motion by Vice Mayor Henley, seconded by Councilman Kitchin,
City Council voted to EXPEDITE the street closure in the Hollies
Subdivision, Lots 76 and 77, Brownley, Tren L. and Claude P., III,
to be heard by the Planning Commission on February 8, 1983, and
by City Council on February 14, 1983.
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
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ITEM #19411
Upon motion by Councilman Jennings, seconded by Councilman Baum,
City Council voted to RECESS into EXECUTIVE SESSION (8:25 p.m.)
pursuant to the exemptions from opening meetings allowed by
Section 2.1-344 Code of Virginia, as amended, for the purpose
of discussing Personnel Matters, Publicly Held Property and
Legal Matters, after whicb to adjourn.
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 C. 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
*COUNCILMAN HEISCHOBER VOICED A VERBAL "AYE"
*COUNCILMAN KTTCHIN VOICED A VERBAL "AYE"
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A D J 0 U R N M E N T
ITEM II-J.1 ITEM #19412
Upon motion duly inade and scconded, City Couilcil adjourned at
10:30 p.m.
Diane M. Ilickinan, DepuLy City Cler@
&7
R@, h cmc @,i y,or l,otiis P,. Jones
City C]-erk
City of Virgiiiia llcicli,
Virginia
24 January 1983
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