HomeMy WebLinkAboutJANUARY 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
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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
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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
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(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
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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
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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
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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
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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
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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
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(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
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(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
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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
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(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
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(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
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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
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01/21/80
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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
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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