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JANUARY 21, 1980 MINUTES CITY OF VIRGINIA BEACI MUNICIPAL CENTER 'R..,t city' VIRGINIA BEACH, VIRGINIA 23456 MAYOR PATRICK L. STANDING, A, L.,g@ CLARENCE A. HOLLAND, M.D., B.y,id@ B.,.@gh VICE MAYOR J. HENRY M,COY JR., D@D.S., K@.p-ill. B@,..gh DONALD W. MERRICK, Ly@@h..@. B .... gb JOHN A. BAUM, BI.,k@.,@, B.,@.gh MEYERA E. OBERNDORP, At L.,g@ F. REID ERVIN, A, L.,g@ J. CURTIS PAYNE, A@@. B.,..gh GEORGE R. FERRELL, A, L.,g@ ROGER L. RIGGS, Vi,i@i. B@.,h B.,..gb BARBARA M. HENLEY, P.@g. B.@.gh RUTH HODGES SMITH, Ci,y Cl@,k CITY COUNCIL AGENDA ITEM I INFORMAL SESSION: Monday, 21 January 1980 - 1:00 p.m. A. CALL TO ORDER - Mayor Patrick L. Standing B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS 1. Red Mill Farm Borrow Pit: Discussion of item on Formal agenda concerning collection of fees. 2. Benito J. Aguino Rezoning Application: Request for simultaneous advertising for expedition of zoning change. ITEM II FORMAL SESSION: Monday, 21 January 1980 - 2:00 p.m. A. INVOCATION - Reverend J. E. Foster, Jr. Pastor Thalia Lynn Baptist Church B. PLEDGE OF ALLEGIANCE C. ROLL CALL OF COUNCIL D. MINUTES OF PREVIOUS MEETING 1. Motion to accept/approve the Minutes of 14 January 1980 E. RESOLUTIONS 1. Resolution authorizing the City Manager to sell $10 million in bond anticipation notes and authorize the sale to the lowest bidder not to exceed 8 1/2% interest. 2. Resolution ratifying the action of the City Manager and City Clerk in executing a certain agreement between Lakeside Construction and the City of Virginia Beach dated December 20, 1979. P. CONSENT AGENDA 1. Application of Star of the Sea School for a Bingo/Raffle Permit. G. PLANNING ITEMS 1. Application of Arthur A. and Conchita A. Dy f6r a change of zoning from R-6 Residential District to 0-1 Office District on a 1.1-acre parcel located on the east side of Princess Anne Road, south of Providence Road (Kempsville Borough). a. The City Manager's letter transmits the recom- mendation of the Planning Commission for den@ lal. SIGN POSTED IMPROPERLY 2. Application of C. M. Beasley for a variance to Section 4.4(b) of the Subdivision Ordinance which requires lot dimensions to conform to the Comprehensive Zoning Ordi- nance. He wishes to subdivide a site located at the northeast extremity of Linehan Court into two lots. a. The City Manager's letter transmits the recom- mendation of the Planning Commission for denial. SIGN POSTED TMPROPERLY 3. Application of United Virginia Development Corporation for a change of zoning from R-6 Residential District to A-1 Apartment District on a 123.08-acre parcel located south of the intersection of Holland and North Landstown Roads, with frontage on both of these roadways (Princess Anne Borough). a. The City ManacTer's letter transmits the recom- mendation of the Planning Commission for approval. 4. Application of Anna Lee Thatcher for a change of zoning from R-8 Residential District to B-2 Community-Business District on a .185-acre site located at the northwest corner of Bonnev Road and Boggs Avenue (Kempsville Bor- ough). a. The City Manager's letter transmits the recom- rnendation of the Planning Commission for denial. 5. Application of Fine and Salzberg, Inc., Agent for Bishop Walter Sullivan, for a change of zoning from 0-1 Office District to I-1 Light industrial District on a 9.2-acre parcel located on the north side of the Virginia Beach- Norfolk Expressway, at the western extremity of Cleveland Str6et Extended (Bayside Borough). a. The City Manager's letter transmits the recom- mendation of the Planning Commission for approval. 6. DEFERRED UNTIL TODAY ON DECEMBER 17, 1979. Application of Seawall Enterprises, Inc. for a chanqe of zoning from R-8 Residential District to R-9 Residential Townhouse District on two parcels, totalling 5.14 acres, located on both sides of Northampton Boulevard, between Lauderdale Avenue and Lookout Road - around the perimeter of Pleasure House Lake (Bayside Borough). a. The City Manager's letter transmits the recom- mendation of the Planning Commission for denial. 7. DEFERRED UNTIL TODAY ON NOVEMBER 19, 1979. Application of Smiley Chow for a change of zoning from 0-1 Office District to B-3 Central-Business District on an 11.4- acre parcel located at the southeast corner of Lynnhaven Park- way and Potters Road (Lynnhaven Borough). a. The City Manager's letter transmits the recommendation of the Planning Commission for approval. 8. Application of Wickes Corporation for a conditional use per- mit for outside storage on a 3.153-acre parcel located on the south side of Columbus Street, west of Kellam Road (Bayside Borough). a. The City Manager's letter transmits the recommendation of the Planning Commission for approval. 9. Application of Solar Wash, Inc. for a conditional use per- mit for a self-service car wash on a .334-acre parcel located on the west side of Pleasure House Road, south of Shore Drive (Bayside Borough). a. The City Manager's letter transmits the recomrnendation of the Planning Commission for approval. 10. Application of Edmond L. Baker for a variance to Section 4.4(b) of the Subdivision ordinance which requires lot dimensions to conform to the Comprehensive Zoning ordinance. He wishes to subdivide a site located on the north side of Normandy Avenue, east of Avalon Avenue, into three lots. This site currently consists of two lots. a. The City Manager's letter transmits the recommendation of the Planning Commission for denial. 11. DEFERRED UNTIL TODAY ON DECEMBER 17, 1979. Application of Eugene and Christine Herman for a variance to section 4.4(b) of the Subdivision Ordinance which requires lot dimensions to conform to the Comprehensive Zoning Ordinance. They wish to subdivide an approximately 2.563-acre site located on the west side of Lotus Drive, north of Sandbridge Road, into two lots. a. The City Manager's letter transmits the recommendation of the Planning Commission for denial. 12. Application of C. S. Yoder for the closure of a portion of a 20-foot alley between 28th and 29th Streets and between Arctic Avenue and Pacific Avenue (Virginia Beach Borough). This is a .176-acre site consisting of a 20-foot wide unimproved right-of- way. a. The City Manager's letter transmits the recommendation of the Planning Co=ission and the Viewers for approval. H. ORDINANCES 1. General - None ORDINANCES (continued) 2. Appropriations a. Second Readings 1. ordinance authorizing the issuance of Public Improvement Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $17,500,000. 2. ordinance to accept grants totalling $76,414 from the Division of Justice and Crime Prevention and to appropriate these funds. 3. Ordinance to accept a grant totalling $15,540 from the Division of Justice and Crime Prevention and to appropriate these funds. 4. Ordinance to accept $35,664 from the Division of Justice and Crime Prevention and to appropriate these funds. 5. ordinance to provide Third Year Funding, in the amount of $15,507, for the Clean Community System Program. b. First Readings 1. ordinance to enter into contracts totalling $1,055,786 with the Southeastern Tidewater Area Manpower Authority to continue the City's CETA-Title TI and CETA-Title VI Employment Programs. 3. City Code Amendments 1. ordinance to amend and alter Sections 36-5, 36-9 and 36-11 of the Code of the City of Virginia Beach pertaining to Virginia Beach Farmer's Market. J. OLD BUSINESS 1. Mr- Jim Kaiser, President, North Virginia Beach Civic League -- to appeal the City Manager's decision concern- ing Sandpiper Mini-Mart -- Mariner Motel. J. NEW BUSINESS K. ADJOURNMENT Minutes of the Honorable City Council OF T'IE CITY OF VIRGINIA BEACH, VIRGINIA January 21, 1980 The regular meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Patrick L. Standing, in the Conference Room, in the Administration Buildinq, on ,4onday, January 21, 1980, at 1:00 p.m. Council Members Present: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice @dayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Ro(jer L. Riggs, and Mayor Patrick L. Standing Council members Absent: Meyera E. Oberndorf ITEM #14667 Mayor Standing entertained a motion to permit Council to conduct an INFOR@4AL SESSION to be followed by an EXECUTIVE SESSIOT, for the puroose of discussing the following: 1. Discussion or consideration of employment, assignment, appointment, promotion, demotion, salaries, discipline or resignation of public officers, or employees of any public body. (Personnel flatters). 2. Investing of public funds where competition or bargaining are involved where, if made public initially, the financial interest of the governing unit would be adversely affected. (Financial D4atters). 3. Consultation with legal counsel and briefing by staff members, consultants, or attorneys pertaining to actual or potential litiaation, or other legal matters within the jurisdiction of the public body. (Legal Matters). On motion by Councilman Ferrell, seconded by Councilman Holland, City Council voted to proceed into the EXECUTIVE SESSIOI@ following the INFOR@IAL SESSION. Voting: 10-0 01/21/80 2- Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riqgs, Mayor Patrick L. Standing Council Members Voting Nay: 14one Council Members Absent: P4eyera E. Oberndorf HOUSING AUTHORITY ITEM #14668 Councilman Ervin indicated that the City @lanager presented to Council a report regarding the Virginia Beach Housing Authority in the Agenda of January 14, 1980. Councilman Ervin indicated he has some reservations regarding this as Title 36 of the State Code requires public referendum to adopt a Housing Authority; however, the City Attornev indicated this could be handled by a Charter change. The City Manager indicated to Council the report was for their INFOPJ4ATION only, as he has no plans to bring this matter before Council this year. BORROW PIT OPERATIONS ITEM #14669 Councilman Ervin indicated he was somewhat disturbed over the borrow pit operations and what the City may be getting into with the site purchased. Mayor Standing requested this matter -be discussed in length; during the INFORMAL BRIEFING SESSION (February 4, 1980). PENDLETON PROJECT ITEM #14670 The City Manager indicated that on Monday, February 4, 1980, Council is requested to meet with the Director of the Pendleton Project, Mrs. Willa Kester, to allow Mrs. Kester to explain the Pendleton Preject as to its goals and objectives, and how affective it has been. Council is requested to meet at 11:00 a.m., in City Hall, at which time a bus will take them to the Pendleton building. Lunch will be served, and Council will return to City Hall for the 1:00 p.m., INFORMAL BRIEFING SESSION. 01/21/80 3- tEGISLATURE MEETING ITEM #14671 The City Manager indicated Council is to meet with the Legislature on January 31, 1980, at 6:00 p.m., in Richmond, Virginia. The City Manaqer requested Council to be at City Hall at 4:00 p.m., where they will be bussed to Richmond@ RED MILL FARM BORROW PIT ITEM #14672 The City Manager discussed with Council an agreement concerning the operation of a borrow pit at Red Mill Farm. The terms of this agreement brings Lakeside Construction Corporation into compliance with the City Code regarding borrow 1)its. THIS DIATTER WILL BE BROUGITT BEFORE COUNCIL IN TIIE FORMAL MEETI@NG FOR FURTHER DISCUSSION AND VOTE. BENITO J. ACQUINO - REZONING ITEM #14673 APPLICATION The City Manager indicated Mr. Aquino has requested his application for a Photo Film Development business be advertised simultaneously for Planning Commission on February 12, 1980, to be heard before City Council on February 25, 1980. It was noted this matter can be handled by Use Permit and not a Change of Zoning. City Council recessed to the EXECUTIVE SESSION, (1:45 p.m.), for briefing prior to the FORMAL SESSION in the Council Chambers. 01/21/80 - 4- FORMAL SESSION ITEM #14674 Monday, January 21, 1980 2:15 p.m. Council Members Present: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, Mayor Patrick L. Standing Council Members Absent: Meyera E. Oberndorf INVOCATION was given by the City Clerk, due to the absence of Reverend J. E. Foster, Jr., Pastor, Thalia Lynn Baptist Church. PLEDGE OF ALLEGIANCE (ITEM II-D.1) ITEM #14675 MI@TUTES On motion by Councilman Baum, seconded by Mayor Standing, City Council voted to APPROVE the Minutes of the Regular Meeting of January 14, 1980. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, Mayor Patrick L. Standing Council Members Voting Nay: None Council members Absent: Meyera E. Oberndorf 01/21/80 -5- ITEM #14676 RESOLUTION Mayor Standing requested Council's concurrence in preparing a Resolution to be sent to the Family of Charles Forbes, Jr. On motion by Councilman Ervin, seconded by Co@incilman Riggs, City Council voted iis CONCURRENCE in the preparation of a Resolution to be sent to the Family of Charles Forbes, Jr. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Playor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf 01/21/80 -6- (ITEM II-E.1) ITEM #14677 RESOLUTION At a regular meeting of the Council of the City of Virainia Beach, Virginia, held on the -'1st day of January, 1980, at which the following i'4embers were present and absent: PRESENT: Mayor Patrick L. Standing Vice Mayor J. Henry McCoy, Jr. Councilman John A. Baum Councilman F. Reid Ervin Councilman George R. Ferrell Councilwoman Barbara M. Henley Councilman Clarence A. Holland Councilman Donald W. Merrick Councilman J. Curtis Payne Councilman Roger L. Riggs ABSENT: Councilwoman Meyera E. Oberndorf the following Resoluti@n was adopted by the affirrqative roll call vote of at least two-thirds of the members of the Council, the ayes and nays being recorded in the Minutes of the meeting as shown below: klEMBERS VOTE Mayor Patrick L. Standing Aye Vice Mayor J. lienry McCoy, Jr. Aye Councilman John A. Baum Aye Councilman F. Reid Ervin Aye Councilman George R. Ferrell Aye Councilwoman Barbara M. Henley Aye Councilman Clarence A.. Holland Aye Councilman Donald W. Merrick Aye Councilman J. Curtis Payne A@7e Councilman Roger L. Riggs Aye RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $17,500,000 PUBLIC IDIPROVEMENT BODIDS, SERIES OF 1980, OF THE CITY OF VIRGII@IA BEACH, VIRGINIA, HERETOFORE AUTHORIZED, AND PROVIDIIQG FOR THE FOYUI, DETAILS AND PAYMENT THEREOF WHEREAS, the issuance of $17,500,000 Public Improvement Bonds of the City of Virginia Beach was authorized by Ordinance adopted by the Council of the City of Virginia Beach on January 21, 1980, to provide funds, together with other funds that may be available, for the following purposes: 01/21/80 7- Planning, site acquisition and improvements construc t ion, enlargement s , renovat ion and equipping of school facilities $ 3,01,1,000 Dredging Lynnhaven River $ 141,489 Improvements and extensions to streets and highways, including construction and improve- ment of surface drainag@ facilities and right- of-way acquisition 5,803,336 Planning, site acquisition and improvements construction, enlargements, renovation and equipping of Municipal Buildings, including Arts and Conference Center, Administration Building and Marine Science Museum 6,420,174 Planning, site acquisition and renovation, and construction and equipping of Beach Borough parking lots 2 3 4 , 6 2 9 Development of new parks, improvements at existing parks and renovation of Community Center. 1,889,372 TOTAL $17,500,000 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. There are hereby authorized to be issued and sold $17,500,000 Public Improvement Bonds of the City of Virginia Beach Virginia. 2. The Bonds shall be coupon Bonds without privilege of registration, shall be designated "P@bli, Improvement Bonds, Series of 1980," shall be dated November 1, 1980, shall be of the denomination of $5,000 each, shall be numbered from 1 to 3,500, inclusive, and shall matiire in installineiits of $500,000 on November 1, 1982, $875,000 on Novei,.iber 1 in each of the years 1983 to 1988, inclusive, $975,000 on November 1 in each of the years 1989 to 1998, inclusive, and $1,000,000 on November 1 in each of the years 1999 and2OOO. The Bonds shall bear interest at such rate or rates as determined at the time of sale, payable semiannually on May I and November 1. Both principal and interest shall be payable in lawful inoney of the United States of America at the priricipal office of a bank in Norfolk or Richmond, Virginia, and at a bank in New York, New York, at the option of bearer, both as designated by the City Manager prior to the advertisement of the Bands for sale 01/21/80 - 8- 3. Bonds maturing on or before Nov@er 1, 1990, are not subject to redemption prior to maturity. Bondsmaturing on or after November 1, 1991, are subject to redemption prior to maturity at the option of the City on or after November 1, 1990, in whole at any time or in part on any interest payment date, upon payment of the principal amount of the Bonds to be redeemed plus interest accrued and unpaid to the redemption date and the redemption premium of one-quarter of one percent (1/4 of 1%) of such principal amount for each six month period, or part thereof, between the redemption date and the stated maturity date of the Bonds to be redeemed, provided that the redemption premium shall not exceed 3% of such principal amount. If less than all of the Bonds are called for redemption, the Bonds to be redeemed shall be selected by the City Treasurer in such manner as he may determine to be in the best interest of the City. The City Council shall cause notice of the call for redemption ide-@itifving the Bonds to be redeemed to be published twice in both a financial journal pub- lished in the City of New York, New York, and in a newspaper of general circulation published in the City of Richmond, Virginia, the first publications of which shall appear not less than 30 nor more than 60 days prior to the redemption date. 4. The Bonds shall be signed by the facsimile siqnature of the Mayor of the City of Virginia Beach, shall be countersigned by its Clerk and a facsimile of its seal shall be printed on the Bonds. The coupons attached to the Bonds shall be authenticated by the facsimile signatures of the Mayor and the Clerk. 5. The Bonds and coupons shall be in substantially the followina form: 01/21/80 -9- (FORM OF BOND) No. $5,000 UNI-IED STATES OF AP4ERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGI'14IA BEACH Public Improvement Bond, Series of 1980 The City of Virginia Beach, Virginia, for value received, hereby acknowledges itself indcbted and promises to pay to bearer upon presentation and surrender hereof the principal surq of FIVE THOUSAND DOLLARS ($5,000) On November, and to pay interest thereon from the date hereof until payment at the rate of percent ( %) per year, payable semia-nnually on May 1 and November 1 upon presenta- tion and surrender of the attached coupons as they become due. Both principal of and interest on this Bond are payable in lawful money of the United States of America at the principal office of I Virginia, or New York, New Yori@, at the option o-@ bearer. -,his Bond is one of an issue of $17,500,000 Public Improve- ment Bonds of like date and tenor, except as to numb6r, rate of interest, maturity and privilege of redemption, authorized by Ordinance duly adopted by the Council of the City of Virginia Beach on January 21, 1980, and is issued pursuant to th6 Constitution and statutes of the Commonwealth of Virginia, including the Charter of the City of Virginia Beach (Chapter 147, Acts of Assembly of 1962, as amended) and the Public Finance Act, as amended, to provide funds, together with other available funds, for acquiring, constructing, improving and equipping various public facilities and improvements. 01/21/80 -10- Bonds maturing on or before November 1, 1990, are not subject to redemption prior to maturity. Bonds maturing on or after November 1, 1991, are subject to redemption prior to maturity at the option of the City on or after November 1, 1990, in wliole at any time or in part on'any interest payment date, upon payment of the principal amount of the Bonds to be redeemed plus interest accrued and unpaid to the redemption date and a redemption premium of one-quarter of one percent (1/4 of 1%) of such principal amount for each six month period, or part thereof, between the redemption date and the stated maturity date of the Bonds to be redeemed, provided that the redemption premium shall not exceed 3% of such principal amount. If less than all of the Bonds are called for redemption, the Bonds to be redeemed shall be selected by the City Treasurer in such manner as he may determine to be in the best interest of the City. The City Council shall cause notice of the call for redemption identifying the Bonds to be redeepled to be published twice in both a financial journal published in the City of New York, New York, and in a newspaper of general circulation published in the City of Richmond, Virginia, the first publications of which shall appear not less than 30 nor more than 60 days prior to the redemption date. The full faith and credit of the City of Virginia Beach are hereby irrevocably pledged for the payment of principal of and interest on this Bond. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed, and the issuance of Bonds of which this Bond is one, together with all other indebtedness of the City of Virginia Beach, is within every debt and other limit prescribed by the Constitution and statutes of the Conunon- wealth of Virginia. 01/21/80 IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this Bond to be signed by the facsimile signature of its Mayor, to be countersigned b@ its Clerk, a facsimile of its seal to be printed hereon, the attached coupons to be authenti- cated by the facsimile signatures of the Mayor and the Clerk, and this Bond to be dated November i, 1980. COUNTERSIGNED: (SEAL) Clerk, city of Virginia Mayor, city of virqinia Beach, Virginia Beach, Virginia (FORM OF COUPON) No. $ May On November 1, unless the Bond to which this coupon is attached has been duly called for prior redemption and provisions made for payment thereof, the City of Virginia Beach, Virginia, will pay to bearer Dollars ($ in lawful money of the United States of America at the principal office of I , Virginia, or New York, New York, at the option of bearer, being the semiannual interest then due on its Public ImProvement Bond, Series of 1980, dated November 1, 1980, and numbered Clerk, City of Virginia -Mayor, City of Virqinia Beach, Virginia Beach, Virginia 01/21/80 12- 6. The full faith and credit of the City of Virginia Beach are hereby irrevocably pledged for the payment of principal of and interest on the Bonds. There shall be levied and collected annually on all locally taxable property in the City an ad valorem tax over and above all other taxes authorized or limited by law sufficient to pay such principal and interest as the same respec- tively become due and payable. 7. The City Manager is hereby authorized and directed to take all proper steps to advertise the Bonds for sale sub- stantially in accordance with the Notice of Sale attached hereto as Exhibit A; provided, however, that he shall (a) designate the paying agents, (b) in collaboration with Wainwright and Ramsey, Inc., the City's Financial Consultant, select the sale date and time, and (c) complete the Notice of Sale accordingly, and pro- vided, further, that the City Manager, in collaboration with Wainwright and Ramsey, Inc., may make such changes in the Notice of Sale not inconsistent with this Resolution as he may consider in the best interest of the City. 8. The City Manager, in collaboration with Wainwright and Ramsey, Inc., shall see to the preparation, printing and distri- bution to prospective bidders of an Official Statement in form customary for the public offering of an issue of Bonds such as the Bonds authorized hereby. The City Manager shall also arrange for the delivery to the successful bidder of the Bonds of up to 500 copies of the Official Statement to be delivered to the persons to whom such bidder and members of his bidding group initially sell the Bonds. 9. After bids have been received and the Bonds awarded, the City Manager, the Mayor and the Clerk are hereby authorized and directed to take all proper steps to have the Bonds prepared and executed in accordance with their terms and to deliver the Bonds to the purchaser thereof upon payment thereof. 01/21/80 -1 3- 10. Such officers of the City of Virginia Beach as may be requested are hereby authorized to execute an appropriate certificate setting forth the expected use and investment of the proceeds of the Bonds issued pursuant hereto in order to show that such expected use and investment will not violate the provisions of Section 103(c) of the Internal Revenue Code of 1954, as amended, and regulations issued pursuant thereto, applicable to "Arbitrage Bonds." Such certificate shall be in such form as may be requested by Bond Counsel for the City. 11. The Clerk is hereby authorized and directed to see to the immediate filing of a certified copy of this Resolution with the Circuit Court of the City of Virginia Beach and within ten days thereafter to cause to be published once in a newspaper of general circulation in the City of Virginia Beach a notice setting forth (1) in brief and general terms the purposes for which the Bonds are to be issued and (2) the amount of such Bonds and the amount of each purpose. 12. The City Council agrees not to sell any General Obliga- tion Bonds of the City during the next 90 days following the sale of the Bonds without the consent of the managing underwriter of tlie Bonds. 13. The City Treasurer is hereby directed to apply from the proceeds of the Bonds such amount as may be necessary to pay any notes issued in anticipation of the issuance and sale of the Bonds as hereinafter authorized. 14. The City Manager, with the assistance of such officers of the City as he may determine, is hereby authorized and directed to borrow at onetime, or from time to time, up to $17,500,000 in anticipation of the issuance and sale of the Bands and for the purpose for which the Bonds have been authorized from such one or more financial institutions as he may deem appropriate. 0 1/21/80 -14- Such borrowing shall be evidenced by negotiable notes to be executed by the City Manager or the Mayor with the City's seal to be affixed and attested by the Clerk or a Deputy Clerk, shall bear interest at such rate or rates not to exceed 8-1/2% per year and shall mature at such time or times not later than December 31, 1930, all as the person executing such notes may determine to be in the best interest of the City. 15. The full faith and credit of the City of Virginia Beach are hereby irrevocably pledged to the payment of principal of and interest on such notes. 15. All other Resolutions or parts of Resolutions in con- flict herewith are hereby repealed. 17. This Resolution shall take effect immediately. The undersigned Clerk of the City of Virginia Beach, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the Minutes of a regular meeting of the Council of the City of Virginia Beach held on the 21st day of January, 1980, and of the whole thereof as far as applicable to the matters referred to in such extract. WITNESS my hand and seal of the City of Virginia Beach, Virginia, this 21st day of January, 1980. Clerk, City bf Virginia Beach, Virginia (SEAL) 01/21/80 - 15- NOTICE OF SALE EXHIBIT A $17,500,000 CITY OF VIRGINIA BEACH, VIRGINIA Public Improvement Bonds, Series of 1980 Sealed bids will be received for the Council of the City of Virginia Beach, Virginia, until Eastern Standard Time, on 1980, at the Office of the City Manager, Administration Building, Municipal Center, Virginia Beach, Virginia, for the purchase of $17,500,000 Public Improvement Bonds, Series of 1980, of the City of Virginia Beach described herein, at which time the bids will be publicly opened. The Bonds will be dated November 1, 1980, and will mature in installments of $500,000 on November 1, 1982, $875,000 on November 1 in each of the years 1983 to 1988, inclusive, $975,000 on November 1 in each of the years 1989 to 1998, inclusive, and $1,000,000 on November 1 of each of the years 1999 and 2000. The Bonds will be in coupon form without privilege of registration and will be of the denomination of $5,000 each. Interest will be pay- able semiannually on May 1 and Novenber 1, and both PrinciQal and interest will be payable at the principal office of I , Virginia, or New York, New York, at the option of bearer. Bonds maturing on or before November 1, 1990, are not subject to redemption prior to maturity. Bonds maturing on or after November 1, 1991, are subject to redemption prior to maturity at the option of the City on or after November 1, 1990, in whole at any time or in part on any interest payment date, upon payment of the principal amount of the Bonds to be redeemed plus interest accrued and unpaid to the redemption date and a redemption premium of one-quarter of one percent (1/4 of 1%) of such principal amount for each six month period, or part thereof, between the redemption date and the stated maturity dates of the bonds to be redeemed, provided that the re- demption premium shall not exceed 3% of such principal amount. if less than all of the Bonds are called for redemption, the Bonds to be redeemed shall be selected by the City Treasurer in such manner as he may deterrnine to be in the best interest of the City. The Bonds will be General Obligations of the City of Virginia Beach secured by a pledge of its full faith and credit. Bidders are invited to name the rate or rates of interest which the Bonds are to bear, in multiples of 1/8 or 1/20 of 1%. No more than six rates may be named, and the rate named for Bonds of any maturity shall not be less than the rate named for Bonds of any earlier maturity. All bonds maturing on the same date must bear interest at the same rate, and interest shall be represented by only one coupon for each interes-I payment date. @@o bid for less than par and accrued interest and no bid for less than all of the Bonds will be considered. The right to reject any or all 01/21/80 16- bids and to waive irregularities in any bid is hereby reserved. Unless all bids are rejected, the Bonds will be awarded to the bidder whose proposal results in the lowest cost to the City, such cost to be determined by deducting the total amount of any premium bid from the aggregate amount of interest upon all of the Bonds until their respective maturities. -@he premium, if any, must be paid in funds as part of the purchase price. Each proposal should be enclosed in a sealed envelope, marked on'the outside "Bid for City of Virginia Beach, Virginia, Public Improvement Bonds," should be addressed to the Council of the City of Virginia Beach, c/o the Office of the City Manager, Administration Buiiding, tiunicipal Center, Virginia Beach, Virginia, and must be accompanied by a certified or cashier's check for $350,000 drawn upon an incorporated bank or trust company and payable unconditionally to the order of the City of Virginia Beach, Virginia, to secure the City against any loss resulting from the fail- ure of the successful bidder to comply with the terms of his proposal. The check of the successful bidder will be deposited ancl credited on the purchase price and no interest will be allowed thereon. The ptoceeds of the check will be retained by the City as liquidated damages in case the successful bidder fails to accept delivery of and pay for the Bonds. Checks of unsuccessful bidders will be returned promptly upon award of the bonds. The Bonds will be delivered at The Signature Company, New York, New York, at the expense of the City, on or about December .1980, upon payment therefor in Federal Funds. It is anticipated that CUSIP identification numbers will be printed on the Bonds, but neither the @-ailure to print such numbers on any Bond nor any error with respect thereto shall constitute cause for a failure or refusal by the successful bidder tllereof to accept delivery of and pay for the Bonds in accordance with the terms of his proposal. All expenses in connection with the assignment or printing of CUSIP numbers shall be paid by the City. The approving opinion of Messrs. Hunton and Williams of Richmond, Virginia, with respect to the Bonds will be furnished to the successful bidder at the expense of the City, will be printed on the back of the Bonds and will state that the Bonds constitute valid and legally binding obligations of the City and that its City Council is authorized and required by law to levy and collect ad valorem taxes, without limitation as to rate or amount, on all locally taxable property in the City to pay the principal of and interest on the Bonds. There will also be furnished to the successful bidder (1) a certificate signed by the officers who signed the Bonds stating that no litigation is then pending or, to their knowledge, threatened to restrain or enjoin the issuance or delivery of the Bonds or the levy and collection of taxes to pay princioal or interest or in any manner questioning the proceedings and authority under which the Bonds are issued and (2) a certificate signed by the City Manager and the Assistant to the City Manager for Finance and Research relating to the City's Official Statement. The City Council will be in session at 12:00 Noon on the date of the sale for the purpose of taking prompt action on the bids. For further information relating to the Bonds and the City of Virginia Beach, reference is made to the City's Official Statement. Bidders are requested to use the form which, together with the 01/21/80 -1 7- Official Statement, may be obtained from Giles G. Dodd, Assistant to the City Manager for Finance and Research, Administration Building, Municipal Center, Virginia Beach, Virginia 23456 (telephone 804/427-4681), or from Wainwright and Ramsey, Inc., 70 Pine Street, New York, New York 10005 (telephone 212/425-9473). The City will furnish to the successful bidder at the expense of the City up to 500 copies of the Official Statement to be delivered to the persons to whom such bidder and members of his bidding group initially sell the bonds. CITY OF VIRGINIA BEACH, VIRGINIA By: George L. Hanbury, II City Manager On motion by Vice Mayor McCoy, seconded bv Councilman Payne, City Council voted to ADOP-@ the above Resolution authorizing the City Manauer to sell $10 Million in Bond Anticipation t@otes and authorizes the @ale to the lowest bidder, not to exceed 8-1/2 percent. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf 01/21/80 -18- (ITEM II-E.2) ITEM #14678 Mr. Eric C. Anderson, Vice President, Lakeside Construction Corporation, appeared in favor of proposed Resolution. The regular meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers of the Administra- tion Building on the 21 day of January 1 1980. On motion by and seconded by the following Resolution was adopted. A RESOLUTION RATIFYING THE ACTION OF THE CITY MA@;AGER AND CITY CLERK IN EXECUTING A CERTAIN AGREEMENT BETWEEN LAKESIDE CON- STRUCTION AND THE CITY OF VIRGINIA BEACH DATED DECEMBER 20, 1979. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGI@4IA BEACH, VIRGINIA: THAT the execution by the City Manager and the City Clerk of a certain agreement dated December 20, 1979, between Lakeside Construction Corporation and the City of Virginia Beach, a Municipal Corporation, are hereby ratified and authorized. The agreement shall constitute the permit required under Section 31-1, Code of the City of Virginia Beach, Virginia. ADOPTED by the Council of the City of Virginia Beach, Virginia, on the day of 1 1980. DEFERRED FOR TIIREE WEEKS: January 21, 1980 APPROVED: Mayor ATTEST: City Clerk On motion by Councilman Payne, seconded by Councilman Riggs, City Council voted to DEFER FOR THREE WEEKS (February 11, 1980), the above Resolution ratifying the action of the City Manager and the City Clerk in executing a certain agreement between Lakeside Construction Corporation and the City of Virginia Beach, dated December 20, 1979, with the following stipulations 1. No stop work order is to be issued to Lakeside Construction Corporation. 2. Present at same time as Resolution revised definitions of Borrow Pits. 01/21/80 1 9- Voting: 10-0 Council Members Voting Aye: (for deferral.) John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf 01/21/80 -20- This Agreenient is made and executed this 20 d@y of Dc@cenil,)Lr 19 79, by and bet@qeen the CITY OF VI[ZGIIIIA BEACH, VIPGINIA,(hereinafter called the "City") and LAKESIDE COt4STRUCTION CORPORATIOti (hereinafter called "Lake- side"). W I T N E S S E T H WHEREAS Lakeside Construction Corporation is the owner and developer of 650 acres of real property known and referred to as Red 14ill; and WHERFAS, Lakeside, as a part of the development of Red Mill, desires to construct a lake which involves and necessitates the excavation of 1,600,poo cubic yards of material; and WHEREAS, Lakeside was granted an approval by the City engineet@'s office on September 14, 1979, of a "land disturbing activity" pursuant to certain dra@,.,ings denoted "Lake Plan For Red tlill" and on file in said engineer's office as v@K14-2; and WHEREAS, tliere is a dispute between the City and Lakeside concet'ning wl)ether or not Lakeside must obtain an excavation pe@irit from the City Council of the City of Virginia Beach, after having previouslv ob'Lained approval Irom the City engineer's office for the operation of a "land distrubing activity" as stated in the above paragraph; and WHEREAS, the parties desire to reach a full and final compromise and settlement of the issue set forth above. In consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The City will allori Lakeside to construct the lake and con- tinue the "land distrubing activity" pursuant to the approval of the City engineer 's office #Kl4-2 notiqithstanding the dispute between the parties. 2. Lakeside agrees to supply tl)e Depar@Lment Of PLiblic tiorks of the City of Virginia Beach with the "ollov@ing information. a. 'The name and address of tlie o@qner of the property affected; -21- b Tlie nanies and addressls of the owners of all property abutting on the pi-operty on wllich the la ke ..is to be constructed; c. The number of acres and cubic yards of material that have been excavated; d. The number of acres to be excavated and the number of cubic yards of material remaining to be excavated; e. The date of inception of the operation; f. The name of the operator of the excavation; g. All of the information set forth in Section 31-10 of the Code of the City of Virginia Beach and further agre s to comply with each and every requirement set forth in Section 31-9 and Section 31-10 of the Code of the City of Virginia Beach. 3. Lakeside also agrees to pay the City semiannually a fee of@ six and o ne-half cents per cubic yard of each cubic yard of material renoved and sold during each semiannual period of operation. At the end of each semi annual period of operation, Lakeside shall cause to be filed with the Director of Public Viorks a statement certifying the nunber of cubic yards of material re moved from the area undergoing excavation during the preceding six month period in order that the appropriate fee may be assessed by said Departmnt. 4. The pennission from the City @lanager to carry on the land disturbing activity in compliance with the approval by the City engineer's office rIK14-2 and pursuant to this agreem nt is also subject to the following conditions: a. Said permission and approval to carry on this activity imy not be transferred to another person or entity. b. Said pen-nission shall expire 2 years frol,.i the date of tllis acireeiiient provided ho@-iever, that Lakeside may apdl-, for an extension of time if Lakeside has not exceeded the quantitils specified in this agreement and provided 2 -2 2- Lakeside supplies the following infonilation to tlie City (1) Cross section subriitted by a certified engineer or land surveyor showing the ambunt of excavatio from the above reference site. (2) Verification by the Director of Public Works tha Lakeside has paid all fees for materia) previous y excavated. It is further understood and agreed by both parties that this agree- ment is a compromise and settlement by the City and Lakeside and that Lakeside will conply with and recognize the necessity to comply with the above cited conditions and requirements concerning the soil removal and excavation for the benefit of Lakeside, the City and the residents of the City of Virginia Beach. The undersigned parties further declare and represent that no promise induce.,nent or agreementnot herein expressed has been made to the undersigned parties, and that this is the entire agreement between the parties hereto, and that the terms of this agreement are contractual and not a mere recital. IN WITNESS 14HEREOF, the parties hereto have set their hands and seals on the date first above written. LAKESIDE CONSTRUCTION CORPORATION By (SEAL) W. W. Reasor, President (5EAL),, Secre+lary Patricia M. Windsor CITY OF VIRGINIA BEACH, VIRGINIA By (SEAL) City @lanager (SEAL) Ci"y CILrk STATE OF VIRGINIA CITY OF Vir@ini,, Fc-,-ich , tO Wit: I, El,iz,,ib(,tti A. RC)IL in!, a Notat@y Public in and for the City and State aforesaid do hereby certify that 14, lq. Rvl,.;or President an( -3- 2 3- Scci-ctiry of LLilleside Coti,ltruction Cow-poration, whosl, naiiies is such ai@e signed to t@ie for-2going %qriting bearing ditq on the 20 day of Deccmber 19 79 , h-ave acknowledged the same before me in my City and State aforesaid. .Given under my hand this 20 day of December 1 9 79 Notiry Public My Commission expires: 11/27/83 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: 11. , a Notary Public in and for the City and State aforesaid do hereby certify that George L. liaribury, City Manager and Ruth Hodges Srnith, City Clerk forthe City of Virginia Beach, Virginia whose name as such are signed to the foregoing writing bearing date on the _ day of 19 have acknowledged, the s&ne before me in my City and State aforesaid. Given under my hand this day of 19 Notary Public My Connission expires: -24- P@iragrapli 2 of Agreenient: a. Tlie owiier is Lakcsicle ConsLruction Cor,,)oration 5299 Greenwicli Road Post Office 13ox 62286 Vi-rginia Beacli, Virgini.a 23462 b. The abuttini; property owner to the lake is Lakeside Construction Corporation, 5299 Greenwich Roaa, P.O. Box 62286, Virginia Beach, Virginia 23462. c. At December 20, 1979, approximately 40,000 cubic yards. d. Approximatel@ 18.5 acres. Tlie ertimated cilbic yards to be removed is 1,600,000 e. November 1, 1979. f. Lakeside Construction Cornoration. g.l. The ooeration of said pit shall be between the hours of 6:00 A.M. and 7:30 P.I@l. six days a week witli no onerations oii Sundays for commercial ptirposes otlier than emergeticies. g.2. @he roads to soil operations frori thc public highways 3f Oceana Boulevard, Sandbridge Road, and Pai-nters Lane, shall be mainta@@ned by Lakeside Construction Corporation. 9.3. The restoration and Tiaintenance of said area shall be performed by Lakeside Construction Cornoration in accordance with anproved plans from the City of Virginia Beach, dated 9/14/79. LAKESIDE COIISTRUCTION COP@OIZATIO" W. t4. Reasor, President -2 5- (ITEM II-F.1) ITEM #14679 CONSENT AGENDA On motion by Councilman Ervin, seconded by Vice Mayor McCoy, City Council voted to APPROVE the apIDlication of Star of the Sea Catholic Church for a Bingo/Raffle Permit. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf Oi/21/80 -2 6- (ITEM II-G.1 and 2) ITEM #14680 PLANNING AGENDA On motion by Vice Mayor McCoy, secoiided by CounCilman Riggs, City Council, by one vote including two items (Item II-G.1 and 2), DEFERRED UNTIL FEBRUARY 25, 1980 (due to improper si4n posting), the following applications: (ITEM II-G.1) I Ordinance upon application of Arthur A. and Conchita A. Dy for a Change of Zoning District Classification from R-6 Residential District to 0-1 Office District on certain property located on the East side of Princess Anne Road beginning at a point 1000 feet riore or less South of Providence Road, running a distance of 277.9 feet along the East side of Princess Anne Road, running a distance of 185.03 feet along the Southern property line, running a distance of 277.9 feet along the Eastern property line and running a distance of 185.03 feet along the Northern property line. Said parcel contains 1.1 acres. Kempsville Borough. (ITEM II-G.2) Subdivision Variance: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, subdivision of C. M. Beasley. Property located at the Northeastern extremity of Linehan Court. The applicant requests a Variance to Section 4.4(b) of the Subdivision Ordinance which requires lot dimensions to conform to the Comprehensive Zoning Ordinance. The applicant wishes to subdivide a site located at the Northeast extremity of Linehan Court into two (2) lots. Voting: 10-0 Council Members Votinq Aye: (for deferral) John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf 01/21/80 2 7- (ITEM II-G.6) ITEM #14681 City Clerk indicated the following application of Seawall Enterprises, Inc., for a Change of Zoning District Classification from R-8 Residential District to R-9 Residential District was ERRONEOUSLY INCLUDED IN THE AGENDA AND WILL BE HEARD BEFORE COUNCIL ON JANUARY 28, 1980: Ordinance upon application of Seawall Enterprises, Inc., for a Change of Zoning District Classification from R-8 Residential District to R-9 Residential Townhouse istrict on parcels located at the Southeast and Southwest intersections of Lauderdale Avenue and Northampton Boulevard. Parcel 1: Beginning at the Southeast intersection of Lauderdale Avenue and Northampton Boulevard, running a distance of 155 feet along the East side of Northampton Boulevard, running a distance of 750 feet more or less along the Southern property line and running a distance of 800 feet more or less along the Northern property line. Parcel 2: Beginning at the Southwest intersection of Lauderdale Avenue and Northampton Boulevard, running a distance of 285 feet more or less along the West side of Northampton Boulevard, running a distance of 500 feet more or less in a Northwesterly direction, running a distance of 20 feet in a Southerly direction, running a distance of 480 feet more or less in a Southeasterly direction, running a distance of 140 feet more or less along the West side of Northampton Boulevard, running a distance of 500 feet more or less along the Southern property line, running a distance of 320 feet more or less along the Western property line and running a distance of 600 feet more or less along the South side of Lauderdale Avenue. Parcels contain 5.14 acres. Bayside Borough. (ITEM II-G.3) ITEM #14682 Mr. Adrian Bailey, Jr., represented the applicant Mr. Tom Johnson also appeared in favor of application. On motion by Councilman Payne, seconded by Councilman Baum, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the Ordinance upon application of United Virginia Develop- ment Corporation for a Change of Zonina District Classification from R-6 Residential District to A-1 ApartTient District; sub ect t-o thp nine (9) condi.tinns outlined in the City Manager's letter; including an additional stipulation: 9. The applicant has voluntarily agreed, AND WILL PUT TO RECORD, to limit this development to a maximum of 403 dwelling units. 10. Excavated material from the lake will be utilized within the development. 01/21/80 2 8- ORDINANCE UPON APPLICATION OF UNITED Z0180476 VIRGINIA DEVELOPMENT CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFI- CATION FROM R-6 RESIDENTIAL DISTRICT TO A-1 APARTMENT DISTRICT BE IT ORDAINED BY THE COUNCIL OF THt CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Ordinance upon application of United Virginia Development Corporation for a Change of ZonI'-r, g Di-ct Classification from R-6 Residential strl District to A-1 Aprtm..t District on certain property beginning at a point 2800 feet South of the intersection of Holland Road and North Landstown Road, running a distance of 270 feet along the West side of Holland Road, running a distance of 1372.95 feet in a Southerly dir- ection, running a distance of 3073.54 feet along the Southern property line, running a distance of 633.43 feet in a Northwesterly direction, running a distance of 407.76 feet in a Northwesterly direction, running a distance of 352 feet along the East side of Landstown Road, running a distance of 1465 feet in a Southeasterly direction, running a distance of 871.05 feet in a Northeasterly direction, running a distance of 170 feet in an Easterly direction, running a distance of 911.61 feet in a Southeasterly direction and running a distance of 343.11 feet in a Northeasterly direction. Said parcel contains 123.08 acres. Princess Anne Borough. Approval is subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan and Subdivision ordinances. 2. City water and sewer. 3. The cost of the design and construction of a standard City street along this site's frontage on North Landstown Road is to be deposited in the North Landsdown Road project account. i 4. The cost of the design and construction of a standard City street along this site's frontage on the extension of Rosemont Road is to be deposited in the Rosemont Road project account. 5. Right-of-way improvements will be necessary along Holland Road; this includes pavement widening, curb and gutter, sidewalk, and drainage facilities. 6. A hydrology study will be required from the proposed lake system. 7. The necessary off-site drainage improvements and easements will be required. 01/21/80 -2 9- 8. A detailed recreation plan will be necessary. 9. The applicant has voluntarily agreed, AND WILL PUT TO RECORD, to limit this development to a maximum of 403 dwelling units. 10. EXCAVATED MATERIAL FROM THE LAKE WILL BE UTILIZED WITHIN THE DEVELOPMENT. 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 January 1980. Voting: 7-2 Council Members Voting Aye: John A. Baum, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: George R. Ferrell, and Barbara M. Henley Council members Abstaining: F. Reid Ervin Council Members Absent: Meyera E. Oberndorf 01/21/80 30- (ITEM II-G.4) ITEM #14683 Mr. John N. Parker, Attorney, representing the applicant. Mr. Oliver Perr@@nl2l Boggs Avenue, appeared in opposition, and presented petiti s to Council. On motion by Vice Mayor McCoy, seconded by Councilman Holland, City Council voted to DENY the following ordinance upon application of Anna Lee Thatcher for a Classification from R-8 Residential District to B-2 Community-Business District on certain property located at the Northwest corner of Bonney Road and Boggs Avenue, running a distance of 120.76 feet along the North side of Bonney Road, running a distance of 74.02 feet along the Western property line, running a distance of 120 feet along the Northern property line and running a distance of 60.27 feet along the West side of Boggs Avenue. Said parcel contains .185 acre. Kempsville Borough. Voting: 10-0 Council Members Voting Aye: (for denial) John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf The above mentioned petitions have been made a part of these proceedings. 01/21/80 -3 1- (ITEM II-G.5) ITEM #14684 Mr. William St. Lawrence, Attorney, represented the applicant On motion by Councilman Holland, seconded by Vice Mayor McCoy, City Council voted to uphold the Recomriendation of the Planning Commission and APPROVE the following ordinance upon application of Fine and Salzberg, Inc., for a Change of Zoninq District Classification from 0-1 Office Distri ct t. I_l Li ght Industrial District; subject to the four (4) conditions outlined in the City Manager's letter. ORDINANCE UPON APPLICATION OF FINE AND Z0180477 SALZBERG, INC., FOR A CHANGE OF ZONING DISTRIC@ CLASSIFICATION FROM R-6 RESIDENTIAL DISTRICT TO 0-1 OFFICE DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Ordinance upon application of Fine and Salzberg, Inc., Agent for Bishop Walter Sullivan, for a Change of Zonina District Classification from 0-1 Office District to I-I Light Industrial District on certain property located on the North side of the Virginia Beach-Norfolk Expressway beginning at the Western extremity of Cleveland Street Extended, running a distance of 997 feet more or less along the Southern property line, running a distance of 282.5 feet in a Northerly direction, running a distance of 281.4 feet in a @4ortheasterly direction, running a distance of 350 feet in an Easterly direction, running a distance of 220 feet in a Northerly direction, running a distance of 354.90 feet along the Northern property line and running a distance of 544.38 feet along the Eastern property line. Said parcel contains 9.2 acres. Bayside Borough. Approval is subject to the following conditions in co,i@uiction with t,-ie intended use of --he land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Cleveland Street is to be constructed along entire frontage on this site. 4. The existing ditch which crosses this site is to be piped with development of a 72-inch or less concrete pipe is adequate. Drainage ease- ments as shown on the Virginia Beach Highway plans will be necessary for this ditch. This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the enty-first day of January 1980. 01/21/80 - 32- Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf 01/21/80 - 3 3- (ITEM II-G.7) ITEM #14685 Mr. Grover C. Wright, Jr., Attorney, represented the applicant. Mr. Paul N. White also wished to speak on this matter; however, he did not speak. Councilman Merrick made a motion, seconded by Councilwoman Henley, to DENY the application of Smiley Chow for a Change of Zoning District Classification from 0-1 Office District to B-3 Central-Business Distr ct, The recorded vote on the above motion is as follows: Voting: 2-8 Council Members Voting Aye: (for denial) Barbara M. Henley, and Donald W. Merrick Council Members Voting Nay: John A. Baum, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Absent: Meyera E. Oberndorf The above motion to DENY the application of Smiley Chow for a Change of zoning District Classification from 0-1 Office District to B-3 Central-Business District, was LOST. On motion by Councilman Riggs, seconded by Vice Mayor McCoy, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the following Ordinance upon application of Smiley Chow for a Change of Zoning District Classification from 0-1 Office District to B-3 Central Business District; subject to the six (6) conditions outlined in the City Manager's letter: ORDINANCE UPOti APPLICATION OF SMILEY CEIOW Z0180478 FOR A CHAI;GE OF ZONING DISTRICT CLASSIFICATION FROM 0-1 OFFICE DISTRICT TO B-3 CE@ITRAL BUSINESS DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: 01/21/80 34- Ordinance upo n application of Smiley Chow for a District Classification from 0-1 Office District to B-3 Central- Business District bn certain property located at the Southeast corner of Lynnhaven Parkway and Potters Road, running a distance of 1184.98 feet along th6 South side of Potters Road, running a distance of 74.16 feet in a Southeasterly direction, running a distance of 104.86 feet in a Southwesterly direction, running a distance of 388.92 feet in a Southerly direction, running a distance of 695.76 feet in a Southwesterly direction, running a distance of 252.76 feet in a Northwesterly direction, running a distance of 188.20 feet in a Southwesterly direction, running a distance of 395.44 feet along the East side of Lynnhaven Parkway. Said parcel contains 11.4 acres. Approval is subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. A variable right-of-way dedication along Lynnhaven Parkway. 4. An escrow to cover the cost of curb and gutter and sidewalk along Lynnhaven Park- way will be required. 5. Right-of-way improvements will be necessary along Potters Road; this includes curb and gutter, sidewalk, and drainage facilities. 6. A 12-foot dedication along Lynnhaven Parkway. This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-firstday of January 1980 Voting: 8-2 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riugs, and Mayor Patrick L. Standing 01/21/80 3 5- Council Members Voting Nay: Barbara M. Henley, and Donald W. Merrick Council Members Absent: M@yera E. Oberndorf (ITEM II-G.7a) ITEM #14686 On motion by Councilman Merrick, seconded by Councilman Ferrell, City Council voted to permit WITHDRAWAL of the following Ordinance upon application of Smiley Chow for a Change of Zoning District Classifi- cation from 0-1 Office District to B-3 Central-Business District: Ordinance upon application of Smiley Chow for a Change of Zoning District Classification from 0-1 Office District to B-3 Central Business District on certain property located at the Northeast corner of Lynnhaven Parkway and Potters Road, running a distance of 1073.95 feet along the North side of Potters Road, running a distance of 103.92 feet in a Northwesterly direction, running a distance of 251.67 feet in a Northeasterly direction, running a distance of 1042.86 feet along the Northern property line and running a distance of 416.08 feet along the East side of Lynnhaven Parkway. Said parcel contains 7.4 acres. Lynnhaven Parkway. Voting: 10-0 Council Members Voting Aye: (for withdrawal) John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf 01/21/80 - 3 6- (ITEM II-G.8) ITEM #14687 Mr. H. Calvin Spain, Attorney, represented the applicant. On motion by Councilman Holland, seconded by Councilman Ferrell, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the Ordinance upon application of Wickes Corporation for a Conditional Use Permit for outside storage; subject to the five (5) conditions as outlined in the City Manager's letter, (a sixth condition has been deleted); and, one was modified to waive curb and guttel (4) A five-foot dedication along Columbus Street. Deleted (5) The cost of the design and construction of a standard City street along this site's frontage on Columbus Street is to be deposited in the Columbus Street project account; AND, WAIVE CURB AND GUTTER. ORDINANCE UPON APPLICATION 0-F WICKES CORPORATION R0180295 FOR A CONDITIONAL USE PERMIT FOR AN OUTSIDE STORAGE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Ordinance upon application of Wickes Corporation for a Conditional use Permit for outside storage on certain property located on the South side of Columbus Street beginning at a point 450 feet more or less West of Kellam Road, running a distance of 561.80 feet along the South side of Columbus Street, running a distance of 435.16 feet along the Western property line, running a distance of 491.46 feet along the Southern property line and running a distance of 192.50 feet along the Eastern property line. Said parcel contains 3.153 acres. Bayside Borough. Approval is subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. No sale or processing ol@ scrap, salvage, or second-hand material will be permitted. 3. A fence or wall not less than six (6) feet in height shall completely enclose the storage yard except for the necessary openings for ingress and egress. 4. The cost of the design and construction of a standard City street along this site's frontage on Columbus Street is to be deposited in the Columbus Street project account; AND, WAIVE ALL CURB ADID GUTTER. 5. Parking is to be provided at the ratio of one space per employee on maximum work shift. This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-first day of January 1980. 01/21/80 3 7- Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riqgs, Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf 01/21/80 3 8- (ITEM II-G.9) ITEM #14683 Mr. John Tillou, Attorney, represented the applicant. On motion by Councilman Holland, seconded by Councilman Ervin, City Council voted to DENY the application of Solar Wash, Inc., for a Conditional Use Permit for self-service car wash: Ordinance upon application of Solar Wash, Inc., for a Conditional Use Permit for a self-service car wash on certain property located on the West side of Pleasure House Road beginning at a point 800 feet South of Shore Drive, running a distance of 110 feet along the West side of Shore Drive, running a distance of 207.5 feet along the Southern pro- perty line, running a distance of 144.7 feet along the Western pro- perty line and running a distance of 240 feet along the Northern pro- perty line. Said parcel contains .334 acre. Bayside Borough. Voting: 9-1 Council Members Voting Aye: (for denial) John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: Vice Mayor J. Henry McCoy, Jr. Council Members Absent: Meyera E. Oberndorf 01/21/80 3 9- (ITEM II-G.10) ITEM #14689 Mr. Edmond Baker appeared regarding his application. On motion by Vice Mayor McCoy, seconded by Councilman Baum, City Council voted to DENY the application of Edmond L. Baker for a Variance to Section 4.4(b) of the Subdivision Ordinance: Subdivision Variance: Appeal from Decisions of Administrative officers in regard to certain elements of the Subdivision ordinance, Subdivision for Edmond L. Baker. Property located on the North side of Normandy Avenue, 520 feet East of Avalon Avenue. Plats with more detailed information are available in the Department of Planning. The applicant requests a variance to Section 4.4(b) of the Subdivision ordinance which requires lot dimensions to conform to the Comprehensive Zoning Ordinance. Voting: 10-0 Council Members Voting Aye: (for denial) John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: bleyera E. Oberndorf 01/21/80 -4o- (ITEM II-G.11) ITEM #14690 Mr. Eugene Herman, applicant, appeared requesting withdrawal of the application. Mrs. Gloria Swinney appeared in OPPosition On motion by Councilman Payne, seconded by Councilman Ferrell, City voted to uphold the recommendation of the Planning Commission and DENY the following request for a variance to Section 4.4(b) of the Subdivision Variance which requires lot dimensions to conform to the Comprehensive Zoning Ordinance. The applicant wishes to subdivide an approximate 2.563 acre site located on the West side of Lotus Drive, 607.99 feet North of Sandbridge Road, into two (2) lots: Subdivision Variance: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Eugene and Christine Herman. Property located on the West side of Lotus Drive, 607.99 feet North of Sandbridge Road. More detailed information is available in the Department of Plannina. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. ifenley, Clarence A. Holland, Vice Mayor J. Henry DIcCoy, Jr., Donald W. t4errick, J. Curtis Payne, Roger L. Rigqs, Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf 01/21/80 4 1- (ITEM II-G.12) ITEM #14691 Mr. Grover C. wright, Jr., Attorney, represented the applicant Mr. Bruce G. Murphy, Attorney, representing Manson's motel, aTDpeared in opposition On motion by Councilman Baum, seconded by Mayor Standing, City Council voted to uphold the recommendation of the Planning Commission and the Viewers and APPROVE the following Ordinance closing, dis- continuing, and abandoning a 20-foot alley located between 28th and 29th Streets. Voting: 6-4 Council Members Voting Aye: John A. Baum, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, and Mayor Patrick L. Standing Council Members Voting Nay: F. Reid Ervin, George R. Ferrell, Barbara M. Henley, and Roger L. Riggs Council Members Absent: Meyera E. Oberndorf 01/21/80 qook2O55 p4ri 192 42- CITY OF VIRGINIA BEACH TO (ORDINANCE OF VACATION C. S. YODER AN ORDINANCE VACATING AND DISCONTINUING A 20' ALLEY, IN VIRGINIA BEACH BOROUGH, IN THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, proper notice of the intended application of the applicant, C. S. Yoder, to be presented to the City Council of the City of Virginia Beach, Virginia, on the day of November, 1979, and for the vacation of the herein- after described 20' alley in the City of Virginia Beach, Virginia, was on the day of November, 1979, dulv posted at the Court'nouse of the Circuit Court of the City of Virginia Beach, Virginia, and at two other public places in the City of Virginia Beach, Virginia, in conformity with the manner pre- scribed by Code of Virginia, Section 15.1-364, for the institution of proceedings for the vacation of a public street; and WHEREAS, said application was made to the City Council of the City of Virginia Beach, Virginia, on the - day of November. 1979, and in conformity with the manner prescribed by Code of Virginia, Section 15.1-364, for the conduct of such proceedings, the City Council of the City of Virginia Beach, Virgi-nia, on the day of November, 1979, which was more than ten days after posting notice of the intended application as aforesaid, appointed C. Oral Lambert I Robert J. Scott and David as viewers to view such alley and report in writing whether in their opinion, any and if any, what,-inconvenience would result from discontinuing the same, and said viewers have made such repor-@ to the City Council of the City of Virginia Beach, Virginia: and WHE@S, from such report and ot:her evidence, and after notice to the land proprietors affected thereby, along.the street GROVER C. WRIGHT, JR. Certified to be a true e)(c6rpt l@ror..i the -ninutes of the City Council of the City of VirIinia Bedch, V" g ir@inia, approved January 21, 1980 Ruth Hodges S.,r, it-h City Clerk gook2O55 p4ri 19-3 4 3- proposed to be vacated, it is the judgment of the City Council of the City of Virginia Beach, Virginia, tliat these proceedings have been instituted, conducted and concluded in the manner pre- scribed by Code of Virginia, Section 15.1-364, that no irconven- ience would result from vacating and discontinuing the portion of said alley, and that the portion of said alley should be vacated and discontinued. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: 1. That the following 20' alley, in the Borough of Virginia Beach, in the City of Virginia Beach, Virginia, be, and the same hereby is, vacated and discontinued: ALL that portion of a 20' alley in Block 2, 1 between 28th and 29th Streets and between Arctic Avenue and Pacific Avenue in Virginia Beach Borough of tlie C,*-ty of Virginia Beach, Virginia, as shown on the plat of Central Park recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 8, at page 10, and as shown orL the plat attached hereto entitled it ", made by Rouse- Sirine Associates, dated 2. This ordinance shall be in effect from and after thirty (30) days from the date of its adoption, 3. A certified copy of this ordinance of vacation shall be recorded as deeds are recorded, and indexed in the narre of the City of Virginia Beach, Virginia, as grantor, and in the name of C. S. Yoder, as grantee, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, at th-- expense of the applicant. Certified to be a true and exact copy of an ordinance adopted by the City Council of the City of Virginia Beach, Vir@.inia, at its regular meeting held on the day of January, 1980. TESTE: Ruth Smith, City Clerk By City Clerk sook2O5-5,pjr,i 194 In the Matter of the Application of C. S. Yoder for the Closure, Vacation and Discontinuance of a 20' Alley in Virginia Beach Borough, Virgiriia Beac.h, Virginia, in Block 2, Plat of Central Park Between 28th and 29th Streets and Between Arctic Avenue and Pacific Avenue PETITION To:: The City Council Of the City of Virginia Beach, Virginia Your petitoner, the applicant, c. S- Yoder, who owns land located adjacent to a certain 20' alley in Block 2, Plat of Central Park in the Virginia Beach Borough of the City of Virginia Beach, Virginia, petitions and applies to the Council of the City of Virginia Beach, Virginia, for the vacation, closing and discontinuance of that said 20' alley between-28t!i and 29th Streets and between Arctic Avenue and Pacific Avenue, as'shown on the plat of Central Park, recorded in the Clerk.'s Office of the Circuit Court of the City of Virginia-Beach,iVirginj-a, in Map Book 8, at page 10. -Y-ou@ pe-titioner and applicant alleges that no incon- @venience will result to the-public by reason of said closure and asks that@the-Council appoint viewers as provided by law -to-vie,w-the said alley sought to be closed and report in writing -to the Council on or before JanuarY 21, 1980, at 2 p.m., as to ,wh6th&r in the opinion of the viewers what inconvenience, if any, @would result from the discontinuance and closure as herein sought, at which time the petitioner will ask for passage of an ordinance vacating-the alley sought@to be closed herein. On November 30 , 1979, notice of presentation of this application to the Council was posted at the Courthouse of the Circuit Court of the City of Virginia Beach, Virginia, on the alley to be closed and at the City Hall Annex in Virginia Beach GROVER C. WRIEGHT, JR. 4, 195 Borougli, 19th Street and Arctic Avenue and an affidavit of posting is attached hereto, together.with a copy of the notice of intended application for vacation of said alley. The petitioner and applicant is the fee simple owner of land along and adjacent to the said alley to be closed. Respectfully submitted, C. S. YODER Grover C. Wright, Jr., p-.q., 303 Beach Tower Building 3330 Pacific Aven@e P.O. Box 51 Virginia Beach, Virginia 23458 APPP,OVE.D AS TO CC'.7--"- CITY ATTOili,@'C'( gook2O5@, P4ri I,% ORDINA!iCE APPOINTING VIEWERS WHEREAS, C: S. YODER has given due and proper notice in accord with law that he would, on the 17thday of December 1979, apply to the City Council of the City bf Virginia Beach, Virginia, for the appointment of viewers to view the below described 20' alley in Virginia Beach Borough in the City of Virginia Beach, Virginia, and to report in writing to this Council whether, in the opinion of said viewers any, and if any, what-inconvenience would result from the discontinuance, closure and abandonment of said 20' alley and whereas such application has been properly filed with this Council and whereas all require- ments of law have been met. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia, that ROBERT SCOTT C. Oral Lambert - and -David Groc@al be, and each of them is hereby appointed to view that certain 20' alley lying in Block 2, Plat of dentral Park between 28th and 29th Streets and between Arctic and Pacific Avenue, as shown on the plat of Central Park, which is recorded in the Clerk's Office of the Circuit Court of this City in Map Book 8, at pa@.e 10, and said v,iewers shall report in writing to this Council on or before January 21 1980, at 2 p.m., whether in their opinion anv, and if any, what inconvenience would result to the public from the discontinuance, vacation and abandonment of said 20' alley. APPr,'OVED AS TO CC-@:77-@'T VIR v Be.ch day igini. O,.Cle,k,s e o4 the Cic,it Cou,i of 6 ...... . 6 O/ at this i@st,.ment was eceive@a'@'d" .'p.n the 6 ce,tilic.te o/ ackno.ledg.ea tbe,eto annexed, ad@itted to ec.,d. "Tbe ta@ ipo,ed by SS58-54.1 the C.d., I ba@ been paid, in the a..U," ./ I......... .............. ...... 0 TESTE: J. CURTIS FRUIT, Cl@,k By: D. C. GROVER C. WRIGHT, JR. A@ A@. @.I. ..3. @@C.nC Al.@ 'A CITY AT-, 0.-',@'Y -4 7- (ITEM II-H.2.a.1) ITEM #14692 SECOND READINGS On motion by Councilnan Ferrell, seconded by Councilman Payne, City Council voted to APPROVE ON SECOND READING the following Ordinance authorizing the issuance of Public Improvement Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $17,500,000: Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merricl,, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf 1/21/80 -4 8- AN ORDINANCE AUTHORIZING THE ISSUANCE OF PUBLIC IMPROVEMENT BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $17,500,000 BY IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. It is hereby determined to be necessary and expedient for the City of Virginia Beach to construct and improve various public facilities and improvements, all of which will promote the development and public welfare of the City, and to borrow money for such purposes and issue the City's general obligation bonds therefor. 2. Pursuant to the authority of the Charter of the City of Virginia Beach (Ch. 147, Acts of Assembly of 1962, as amended) and the Public Finance Act, as amended, there are hereby authorized to be issued public improvement bonds of the City of Virginia Beach in the maximum amount of Seventeen Million Five Hundred Thousand Dollars ($17,500,000) to provide funds, together with other funds that may be available, for the following purposes: Planning, site acquisition and improvements, construction, enlargements, renovation and equipping of school facilities $ 3,011,000 Dredging Lynnhaven River 141,489 Improvements and extensions to streets and highways, including construction and improve- ment of surface drainage facilities and right of way acquisition 5,803,336 Planning, site acquisition and improvements, construction, enlargements, renovation and equipping of municipal buildings, including arts and conference center, administration building and marine science museum 6,420,174 Planning, site acquisition and renovation, and construction and eqtlipping of Beach Borough parking lots 234,629 Development of new parks, improvements at existing parks and renovation of community center 1,889,372 Total $17,500,000 01/21/80 4 9 - 2 Any amounts not needed for any of such purposes may be used for any other of such purposes. 3. The bonds shall bear such date or dates, mature at such time or times not exce@ding forty years from their dates, bear interest at such rate or rates not exceeding the maximum rate permitted by law at the time the bonds are sold, be in such denominations and form, be executed in such manner and be sold at such time or times and in such manner, including the sale of the same as one or more separate issues or in com- bination with the sale of general obligation bonds heretofore or hereafter authorized for similar or other purposes, as the Council shall hereafter provide by appropriate resolution or resolutions. 4. The bonds shall be general obligations of the City of Virginia Beach for the payment of principal of and interest on which its full faith and credit shall be irrevocably pledged. 5. This ordinance shall take effect immediately. Approved this 21st day of January, 1980 By Mayor First Reading: January 14, 1980 Second Reading: January 21, 1980 D@ ,ENT 01/21/80 5 0- (ITEM II-H.2.a.2) ITEM #14693 On motion by,Vice Mayor McCoy, seconded by Councilman Baum, City Council voted to@APPROVE ON SECOND READING the following ordinance to accept Grants totaling $76,414 from the Division of Justice and Crime Provention and to appropriate these funds: Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf 01/21/80 5 1- AN ORDINANCE TO ACCEPT GRANTS TOTALLING $76,414 FROM THE DIVISION OF JUSTICE AND CRIME PREVENTION AND TO APPROPRIATE THESE FUNDS WHEREAS, the Juvenile Courts wish to aid runaways and juveniles in learning about the Criminal Justice System, and WHEREAS, the City Jail wishes to establish a recreation program for inmates to release their pent-up energy due to incarceration, and WHEREAS, the Division of Justice and Crime Prevention (DJCP) has awarded grants to establish programs to accomplish the above objectives. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINLA: That the City Manager is hereby authorized to accept grants for the City, and funds are hereby appropriated, for the following purposes: Estimated Revenue Local Total From Other Agencies Match Appropriations Runaway Hotline $24,274 $ - $24,274 Learning & Educational Disa- bility Identification Program 24,137 3,204 27,341 Jail Recreation Program 18,844 992 19,836 Court Docent Program 4,963 - 4,963 Total 218 196 414 That the appropriations be financed by $72,218 in estimated revenue from the DJCP, and a local cash match of $4,196 to be transferred from Un- appropriated Fund Balance, and That a total of three personnel positions is herebv authorized for the duration of the grants, to be paid from the grants, with the classes of employees to be determined by the City Manager. FIRST READTNG: -January 14, 1980 SECOND READING: -January 21, 1980 Adopted by the Council of the Citv of Virginia Beach on the 21st day of January 1980. - 52- (ITEM II-H.2.a.3) ITEM #14694 On motion by Vice Mayor McCoy, seconded by Councilman Ferrell, City Council voted to APPROVE ON SECOND READING the following Ordinance to accept a Grant totaling $15,450 from the Division of Justice and Crime Prevention and to appropriate these funds: Voting: 10-0 Council Members Voting Aye: John A. Bauri, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, Mayor Patrick L. Standing Council Members Voting Nay: 14one Council Members Absent: Meyera E. Oberndorf 01/21/80 5 3- AN ORDINANCE TO ACCEPT A GRANT TOTALLING $15,450 FROM THE DIVISION OF JUSTICE AND CRIME PREVENTION AND TO APPROPRIATE THESE FUNDS WHEREAS, the City of Virginia Beach wishes to become an entitle- ment jurisdiction under guidelines from the Law Enforcement Assistance Administration (LEAA), and WHEREAS, LEAA legislation requires all such jurisdictions to establish a Criminal Justice Coordinator position, and WHEREAS, the Division of Justice and Crime Prevention (DJCP) has awarded the City a grant to establish this position. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to accept the grant for the City, and funds are hereby appropriated for the following purpose: Estimated Revenue Total From Other Agencies Appropriations Criminal Justice Coordinator 450 1450 That the appropriations will be financed 100% by the DJCP, with no required local match, and That one personnel position is hereby authorized for the duration of the grant, to be paid from the grant, with the class of the employee to be determined by the City Manager. FIRST READING: January 14, 1980 SECOND RFADING: January 21, 1980 Adopted by the Council of the City of Virginia Beach on the 21st day of January 1980. A 01/21/80 -5 4- (ITEM II-H.2.a.4) ITEM #14695 On motion by Councilman Payne, seconded by Vi,ce Mayor McCoy, City Council voted to APPROVE ON SECOND READING the following Ordinance to accept $35,664 from the Division of Justice and Cr@ime Prevention and to appropriate these funds: Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. lienley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf 01/21/80 -55- ORIGINAL AN ORDINANCE TO ACCEPT $35,664 FROM THE DIVISION OF JUSTICE AND CRIME PREVENTION AND TO APPROPRIATE THESE FUNDS WHEREAS, the Juvenile Court and the Social Services Departffient of the City of Virginia Beach wish to continue a program to divert predelinquent youths from the criminal justice system; and WHEREAS, the Division of Justice and Crime Prevention (DJCP) has awarded the City a grant to continue such a program. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to accept a grant for the City, and funds are hereby appropriated, for the following purpose: Estimated Revenue Total From Other Agencies National Youth Program Using Motorbikes 664 $35@664 BE IT FURTHER ORDAINED THAT the appropriations will be financed 100% by federal funds from the DJCP. FIRST READING: January 14, 1980 SECOND READING: January 21, 1980 Adopted by the Council of tlle City of Virginia Beach on the 21st day of January 1980. C!-, 01/21/80 - 56- (ITEM II-H.2.a.5) ITEM #14696 On motion by Vice Mayor McCoy, seconded by Mayor Standing, City Council voted to APPROVE ON SECOND READING the following Ordinance to provide Third Year Funding, in the amount of $15,507 for the Clean Community System Program: Voting: 10-0 Council Meribers Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf 01/21/80 - 57- AN ORDINANCE TO PROVIDE THIRD YEAR FUNDING FOR THE CLEAN COMMUNITY SYSTEM PROGRAM WREREAS, City Council is interested in utilizing educational, technological, and enfotcement techniques to measurably reduce litter on a city-wide basis, and WHEREAS, these techniques will be structured to induce, over a period of time, behavioral and attitudinal changes of the citizens toward littering, and WHEREAS, the State Department of Conservation and Economic Development, Division of Litter Control, will provide third year funding in the amount of $15,507, for this purpose. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to accept the grant for the city, and funds are hereby appropriated in the amount of $15,507 for the Clean Community Svstem Program, and BE IT FURTHER ORDAINED that the appropriations be financed bv $15,507 Estimated Revenue from the State Department of Conservation and Economic Development, and BE IT FURTHER ORDAINED that one personnel position is hereb, authorized for the duration of the grant, to be paid from the grant, with the employee class to be determined by the City Manager. FIRST READING: January 14, 1980 SECOND READING: January 21, 1980 Adopted by the Council of the Citv of Virginia Beach on the 21s t dav of January 1980. 01/21/80 - 5 8- (ITEM II-H.2.b.1) ITEM #14697 FIRST READING On motion by Councilman Ferrell, seconded by Councilman Riggs, City Council voted to APPROVE ON FIRST READING the following Ordinance to enter into contracts totaling $1,055,786 with the Southeastern Tidewater Area Manpower Authority to continue the City's CETA-Title II and CETA-Title VI Employnent Programs: Voting: 10-0 Council Members Votinq Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf 01/21/80 -6 0- (I TEM II-H.3.1) ITEM #14693 CITY CODE AMENDt4ENTS Mr. Ray Hutton, Superintendent of Farmer's Market, appeared in favor. AN ORDIIIANCE TO AMEND AND ALTER SECTIONS 36-5, 36-9 and 36-11 OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO VIRGINIA BEACH FARMFR'S MARKET. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRCIIIIA BEACH, VIRGINIA: That Sections 36-5, 36-9, and 36-11 of the Code of the City of Virginia Beach are hereby amended, to wit: Section 36-5. Rental charges for stalls, etc.; rental periods. Rent,al charges for stalls, spaces, or places in the inarlzet shall be as follows: (a) Enclosed retail (20' x 24') $35.00 $4@T043 per week; (b) Covered retail (10' x 24') $12.50 4IQ700 per week; a-r-02700-Lger-(4&y,- (c) Enclosed wholesale (201 x 24') - $35.00 99QTQG per week; (d) Covered wholesale (10' x 24') - $12.50 @149VQQ per week; (e) Uncovered (Open Air) (10' x 30') - $12.50 "7ee per week or $2.00 44!vgQ per day; (f) 14o charges will be made to individuals invited bv market staff to participate in promotional events; (g) Special signs will be provided at cost of $10.00 per board not exceeding 15 letters; 01/21/80 -59- AN ORDINANCE TO ENTER INTO CONTRACTS TOTALLING $1,055,786 WITH THE SOUTHEASTERN TIDEWATER AREA MANPOWER AUTHORITY TO CONTIITUE THE CITY'S CETA- TITLE II AND CETA-TITLE VI EMPLOYMENT PROGRAMS WHEREAS, the City wishes to continue its Title II and Title VI Employment Programs under the Coriprehensive Employment and Training Act of 1973 (CETA), and WHEREAS, the Southeastern Tidewater Area Manpower Authority (STAMA) has issued new contracts to continue funding the City's programs witb funds from the Department of Labor (DOL). NOW, THEREFORE, BE IT ORDAINED BY TIIE COU@NCI'@ OF '@-',iE CITY OF VIRGINIA BEACII, VIRGINIA: That the City @lanager be hereby atitho,-ized to enter into contracts with ST@IA to continue the following programs: -e@,enue Ti t,@i I F-f-om Otlier s @TrcEliati n@,, CETA - Titie fl 8)@,"77 8 339,477 CETA - Title VI '-16,3C@ Tc,tal @l, ), 786 @O@, 786 Tliat the appropriatioiis be fiiiaticei 100% 1)@,, federal funds from DOL thru STA,'iA, with no local matcli reqt@ired, aild I'hat a tolal of )nL, haridi:c-,d and t,,;o, i3ersonnei i;@isitions for (;ETA Title II, and fifty-two personnel positions for CETA - Title VI, be liereby authorized for the dijratioii of tt-@e grants, tc) @,e l@ai(I @@,-oTii tlie graiits, witli classes of employees to be determined by tlie City Manager, and Tliat one secretarial position, wliich will assist in administering the programs, be added to the City's Operating Budget in the Department of Personnel fc)r tha duration f tlie grants, to be @ctinded frc)in the grants. FIRST _Janj 980 SECOND READING: Adopted by tlie (,ouncil of tlie City of Virginia Beach on the SIGNATURE day of 1980. ,i)A@TMEN'T 61- (h) Restaurant-- Restaurant rent, terms and times of 2ayment shall be as specified by lease. (i) operational expenditdre costs attributable to the tenants of the Farmer's Market shall be paid by the tenants in accordance with the same payment schedule established for rents. Rental fees shall be paid no later than the end of the rental period. Daily rental periods shall start at 4:00 P.tl. and terminate at 4:00 P.M. of the following day. Weekly rentals shall start at 4:00 P.M. and terminate seven days later at 4:00 P. M. Section 36-9. Appointment; assistants. The director of the Departrqent of E)emenotvat-ien Agriculture shall appoint a superintendent of the market and such assistants as he may deem necessary. -@he superintendent shall be immediately responsible to the director of the Department of Agriculture. Section 36-11. Record and disposition of rents and income; accounting for receipts and expenses -,he superintendent of the market shall keep a correct record of all rents and income received by him for stalls, spaces, or places and shall pay over the same da4ly to the city treasurer. He shall give an accounting of all receipts and expenses to the director of finance bimonthlN7 or as the clirector of finance may deem necessary. Adopted by the Council of the City of Virginia Beach, Virginia, on January 21, 1980 RJPI/ cj/vp 10/24/79 1/09/80 -2- 01/21/80 - 6 2- on motion by Councilman Ferrell, seconded by Councilman Baum, City Council voted to APPROVE the above Ordinance to ailend and alter Sections 36-5, 36-9, and 36-11 of the Code of the City of Virginia Beach, Virginia, pertaining to Virainia Beach Fariiier's D4arket. Voting: 9-1 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. P4errick, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: Barbara M. Ilenley Council Members Absent: kleyera E. Oberndorf 01/21/80 - 6 3 - (ITEM II-I.1) ITEM #14699 OLD BUSINESS The City Clerk indicated councilman Ervin telephoned and requested Mr. James Kaiser be placed on the Agenda under OLD BUSINESS; however, Mr. Kaiser was unable to attend the meeting and asked the Citv Clerk to read the following statement: "The Board of Directors of the North Virginia Beach Civic League is taking the matter of the Sandpiper Mini-Mart under advisement this week and any action by any representative of the League is premature in view of the need for City Officials' written response and pending legal action." Council requested Mr. Samuel Clay, III, Assistant to the City Manager, to meet with Mr. Kaiser and see what he is looking for in the way of a written response. (ITEM II-J.1) ITEM #14700 APPOINTMENTS Mayor Standing appointed the following to the VIRGINIA BEACH MAYOR'S CLEAt@ CO@IU14ITY COWIISSION: Community Representatives - Accepted Re-appointment Mr. Bartow H. Bridges, Jr. BEAUTIFICATION COMMISSIO@; Mr. Michael Andrassy INNKEEPERS OF VIRGINIA BEACH Dir. Michael C. Savvides VIRGI14IA BEACH RESTAURANT ASSOCIATIO@; Mr. Louis Williams VIRGINIA BEACII JAYCEES Mr. John F. Harris TIDEI,7ATER BUILDERS' ASSOCIATIOT; Mr. James Halfhill, 14anager BROWNING-FERRIS INDUSTRY Mrs. Reba McClanan COUNCIL OF CIVIC ORC@ANIZA-IIONS Miss Janet Werndii COUNCIL OF GARDEII CLUBS Mrs. Sandra Miller AMERICAN BUSII,'ESS WOD@lE@;'S ASSOCIATION 01/21/80 - 6 4- Mrs. Martha Tompkins COUNCIL OF GARDEN CLUBS Accepted Appointments Mr. Larry Sutton HOFFMAN BEVERAGE COMPANY Mr. Dan Kensil STIHL INCORPORATED Mr. Joe Lowenthal VIRGINIA BEACH PUBLIC SCHOOLS Mr. Thomas B. Matthews MARTIN AGENCY - TIDEWATER Lieutenant Commander Sam Jackson NAS OCEANA Mr. Allen Rundle CBN INCORPORATED Mr. Thomas P. Holter MOULIIIEX MANUFACTURING, INCORPOI@TED City Employees to Serve as Technical Conmiittee Miss Pamela Lingle PU13LIC I14FORMATION OFFICE Mr. Joseph Russell PUBLIC WORKS DEPARTMENT 14r. Joseph Watson HIGH@qAY DIVISION Mr. Edward Barnes LANDSCAPE SERVICES DIVISION Mr. Charles G. Hassen PLANNING DEPARTMENT Mr. P. Wade Kyle REFUSE COLLECTION Mr. Jim Davis ECONOMIC DEVELOPMENT DEPARTMENT Miss Barbara Allison SCIIOOL BOARD Mr. Richard Cockroll AGRICULTURAL DEPARTMENT Captain Tom Irving POLICE DEPARTMENT 01/21/80 -6 5- Mr. Dick Murphy PARKS AND RECREATIO@L DEPARTMENT Mr. Edwin S. Clay, III CITY @IANAGER'S OFFICE ITEM #14701 On motion by Councilman Baum, seconded by Councilman Ervin, and by ACCLAMATION, the meeting adjourned at 4:40 p.m. R-uth City of Virginia Beach, Virginia January 21, 1980 h 01/21/80