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AUGUST 11, 1998 MINUTES CITI COUNCil ,,"""""'" 0""00" "'"," """""'"tl"",O"""""'.',"", L,,~nnDO ",,(Hili 0."" "",",, W"G"fTL CORe 0""",1 C""""" "tlL""" H.""D' " OW""51 "..1..., H"DLD H(/SCHD'" "'"," """,WI""erD""",""""'.'" LOUIS' 'O'" 0""", """d, Re!1'W,C/A...Dw""J'",II"" ""' rK PA"" M ,,".' . " ,DO" HCAS D"",," ',.p",'" "M'" SPDRC C",M","", USVEL LILLer n.."",,,. Wf11 HDOG" 'MITH ("(~<C (", C/". CITY COUNCIL AGENDA cm H.U ,UILDING I '4m CDUlm/DUS< D«lVC VI";'NI. ""CN V"OIN,. ""'-- PlIO"' ,"'14" 4J/U ,., ""14""" "'AlL CTVCNaJI!CITY VIRGINIA Ill!ACH VA U'I AUGUST]], ]998 REVIEW OF AGENDA ITEMS - Conference Room - 12:NOON " CITY COUNCIL CONCERNS III INFORMAL SESSION - Conference Room - 1:00PM A CALL TO ORDER - Mayor Meyera E Obemdorf B ROLL CALL OF CITY COUNCIL C RECESS TO EXECUTIVE SESSION IV FORMAL SESSION - Council Chamber- 2:00 PM A CALL TO ORDER - Mayor Meyera E Obemdorf B INVOCATION: The Reverend Mitchell Hamson Greenbner Baptist Church c PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D ELECTRONIC ROLL CALL OF CITY COUNCIL E CERTIFICATION OF EXECUTIVE SESSION ../ F MINUTES INFORMAL & FORMAL SESSIONS August 4,1998 G. AGENDA FOR FORMAL SESSION The Consent Agenda will be determined during the Agenda Review Session and considered m the ordinary course of busIness by CIty Council to be enacted by one motion. H PUBLIC HEARING EXCESS CITY REAL ESTATE PROPERTY Northeast comer of Potters Road and Wesley Dnve (DISTRICT 3 - BEACH and DISTRICT 6 - ROSE HALL) ORDINANCES Ordmance to declare approxImately 0 13 acre of City-owned property as EXCESS PROPERTY on the Northeast comer of the mtersectlon of Potters Road and Wesley Dnve, authonze the CIty Manager to dispose of same, and, appropnate the proceeds from tlus sale to Parks & Recreation's OUTDOORS PLAN (DISTRICT 3 - BEACH and DISTRICT 6- ROSE HALL) 2 Ordmances authorizing the issuance of General ObligatIon Bonds of the City for the purpose of financmg, subject to the approval of qualified voters m the November 1998 election. a Moderruzatlon, renovatIon and/or reconstruction of Public School Buildings b Moderruzation, renovatIOn, reconstruction and/or constructIOn of Public Library projects 3 Ordmance to ADD a new sectIOn (SectIon 18-22.1) to the CIty Code re Proof of Insurance as a prerequISIte to the Issuance ofa Business License to any busmess whIch rents penonal watercraft. 4 Ordmance to TRANSFER $470 from the Genera] Fund Reserve for Contmgencles to the FY 1998-1999 Operatmg Budget of the Department of Housmg and NeIghborhood PreservatIon re relmbursmg a City Employee for legal fees and expenses mcurred by him m hIS defense of a charge brought agamst rum ansmg out of the performance of Ius officIal duties 5 Ordmance to authonze acquisition of property m fee sImple for nght-of-way for Kempsville RoadlProvidence Road mtersectlOn Improvements (CIP 2-279) and acqwSltIon of temporary and permanent easements, eIther by agreement or condemnatIon. (DISTRICT 1 - CENTERVILLE and DISTRICT 2 - KEMPSVILLE) 6 Ordmance to authonze a temporary encroachment Into a portion of the City'S 25' drainage easement by EDWARD A. and PHYLLIS K. CHITTENDEN to mamtam an existing bulkhead and pIlmgs and to mstall and mamtam a proposed boat lift With associated pilings at 2132 Admiral Dnve West (DISTRICT 5 - L YNNHAVEN) 7, License Refunds - 514,550.76. RESOLUTIONS ResolutIons re Issuance of MultI-FamIly Housmg REFUNDING REVENUE BONDS by the Virginia Beach Development Authority: North Beach Apartments, Inc tIkIa Terry Peterson Development Corporation Not to exceed $ 4,265,000 Pembroke Crossmg Apartments, L L C Not to exceed $ 2,378,000 Summer StatIon Apartments, LL C Not to exceed $ 3,105,000 K PUBLIC HEARING - PLANNING PLANNING BY CONSENT - To be detennmed dunng the Agenda Review Session. Ordmance m the petition of POTTERS ROAD INVESTMENT GROUP, for the dlscontmuance. closure and abandonment of Potters Road begmmng at the Southeast mtersectIon of Potters Road and Wesley Dnve and runrung m an Easterly directIon a dIstance of270 feet more or less, contalTung 68,577 56 square feet (DISTRICT 3 - ROSE HALL), Deferred for Compliance. AdditIonal] 80-Day Deferral' AddItional 180-Day Deferral AddItional 180-Day Deferral AddItIonal 180-Day Deferral JuIy9,1996 January 4, 1997 July 8,1997 January 21,1998 July 14, 1998 RecommendatIOn FINAL APPROVAL 2 ApplicatIon of COX CREEK PROPERTIES for a Vanance to SectIon 44(b) of the SubdIvIsIon Ordmance whIch requIres that lots created by subdIvIsIon must meet all requIrements of the CIty ZonIng Ordmance at 516 South Lynnhaven Road (DISTRICT 6 - BEACH) RecommendatIOn' APPROVAL 3 RECONSIDERATIONS OF CONDITIONS a ApplicatIon of ROBERT and JANET KOTTKE re CondItional Use Permit approved 12 February 1990 for a oreschool at 5009 Providence Road (DISTRICT 2- KEMPSVILLE) RecommendatIon. APPROV AL 4 b ApplicatIon of REVEREND PETER STILLER of ST. MICHAEL LUTHERAN CHURCH re ConditIOnal Use Permit approved in behalf of JAN KOTTKE 13 August 1996 for a school at 2208 Pnncess Anne Road (DISTRICT 7 - PRINCESS ANNE). RecommendatIOn. APPROVAL ApplicatIon of PRIMECO PERSONAL COMMUNICATION for a CondItional U.:s Permit for a commUnIcatIons tower on the South sIde of West Landmg Road, West of West Neck Road (2465 West Landmg Road), contammg 37 acres (DISTRICT 7 - PRINCESS ANNE ) RecommendatIons APPROVAL 5 ApplicatIon of SPRINT PCS, C.E. FOREHAND III for a ConditIonal Use PermIt for a communicatIon antenna on the West sIde of North Great Neck Road, North of Old Great Neck Road (525 North Great Neck Road), contammg 4 695 acres (DISTRICT 6 - BEACH) RecommendatIOn: APPROVAL 6 ApplicatIon of L YNNHA VEN REALTY, L.L.c. for a ConditIonal Use Permit for Illi!!2I vehicle sales and servIce on the South side of V Irgmill Beach Boulevard, East of Parker Lane (2369 VIrgInIa Beach Boulevard), contaInIng 1 235 acres (DISTRICT 6 - BEACH). RecommendatIOn: APPROVAL 7. ApplIcatIOn of RAYMOND E. ALLAN for a CondItIonal Use Permit for an automobile rq¡air ShOD on the North sIde of Old ProvIdence Road begmnmg 700 feet more or less East ofClinlon Street, contaInIng 21,126 6 square feet (DISTRICT 1- CENTERVILLE) RecommendatIon. APPROVAL 8 ApplicatIon of DALA CORPORATION, a Vlrgmia CorporatIon for a ConditIOnal t)se ~ for an Qpen SDace PromotIon on the North side of IndIan River Road beSfnmng 2080 feet more or less East of HIllcrest Farms Boulevard, contaInIng 30 acres (DISTRICT 7 - PRINCESS ANNE). RecommendatIOns - Staff PlannIng CommIssIOn ADDITIONAL 60-DAY DEFERRAL DENIAL 9 ApplicatIon of 0 & R, INC., a Vlrgmia CorporatIon, and/or AssIgns for a ChanlZe ofZoninlZ Dlstnct ClassIficatIOn from R-I 0 ResIdentIal Dlstnct to A-12 ADartment DIstrict wIth a PD-H Overlav on the West sIde of Salem Road ]20 feet more or less North of Lynnhaven Parkway, contammg 12 186 acres (DISTRICT 1 - CENTERVILLE) RecommendatIOn: APPROVAL L APPOINTMENTS PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD M UNFINISHED BUSINESS N NEW BUSINESS ABSTRACT OF LEGAL CASES RESOLVED - JULY 1998 0 ADJOURNMENT ********** If you are physically disabled or visually impaired and need assIstance at thIs meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call TDD only 427-4305 (TDD - Telephoruc DevIce for the Deaf) ********** 08/06/98/cmd AGENDA\08-11-98 PLN www virginIa-beach va us CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 H I M B A S C E S DATE August 4,1998 B R C H C R P E PAGE 1 R R H E J l N A S W A E I 0 N 0 A D R S E N U S B L N N 0 K 0 E AGENOA C R 0 E E E A R E M K ITEM # SUBJECT MOTION VOTE H E N R Y S N F R S S IIA PRESENTATIONS RESORT AREA ADVISORY C Cheynoy COMMISSION Cole, Jr Chair B SOUTHEASTERN PUBLIC SERVICE Connelly AUTHORITY (SPSA) PhillipS, SPSA Chalnnan, Brd of Directors John Hadfield, Exec Dir. SPSA iliA BRIEFING James K Spore, City Manage SCHOOL MODERNIZATION E Oean Block, REFERENOUM DI" Mgmt Serv Anthony Arnold, Dir Facilities Planning & Cansl Schools Martha J Sims Olr , Public libraries 11/1111 CERTIFICATION OF EXECUTIVE CERTIFIEO 11-0 Y Y Y Y Y Y Y Y Y Y Y IVN! SESSION VilE ~ MINUTES - Jul 14,1998 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y G/HI1 Resolution re City's Blonnlal Plan for AOOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y State Block Grant Funds/authanze a CONSENT Certificate of Compliance re Virginia ~;~~~eA~ammunlty Crlmo Control Act 2 Resaluuan (FIFTH SUPPLEMENT) to ADOPTED BY 11-0 ~ Y Y Y Y Y Y Y Y Y Y AMEND Resolution adopted February 11, CONSENT 1992, enutled "Msster Wster and Sewer Revonue Bond Resolution" for ISSUANCEISAlE of $6,200,000 taxable revenue bonds 3 Resalullan to authorIZe a contract With AOOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y VEPCO re electric service CONSENT .4 Resaluuans re appamtment of AOOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y ASSISTANT CITY ATTORNEYS effecuve CONSENT August 1,1998 a Roderick R Ingram b Mark G Mustin 1/1 Ordinances to AMEND the City Code AOOPTED BY 11-0 v Y Y Y Y Y Y Y Y Y Y CONSENT a Secuans re change from "Boroughs" to Districts" b Sections re replaemg tenn "Line Fe.." WIIh "Sanitary Sewer Connection Fees" In Chaater 28 2 Ordinance To APPROPRIATE $197,836 ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y to Parks and Recreation Elementary CONSENT After School Activity/establish a Before School Program/establish Bafare and After School Praorams 3 Ordmance to APPROPRIATE $10,002 ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y from sale of surplus school property to CONSENT underaraund staraoe tanks 4 Ordinance to TRANSFER $83,157 from AOOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y TGIF to Convention and ViSllar CONSENT Oevelaamenl re Beach Street USA 51a Ordinances re temporary encroachments (DISTRICT 7- PRINCESS ANNE) Into portJan of City'S r-o-w by BEACH AOOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y FEllOWSHIP CHURCH re sign at 1817 General Booth Boulevard b Inla a portion of City'S drainage easemont ADOPTEO BY 11-0 Y Y Y Y Y Y Y Y Y Y Y by ALBERT J /CHRISTINE J CLAUS np- CONSENT rap revetmenl lor bank stabilization ad acent to 2267 Wrdnoan Lane CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 H I M B DATE Augusl4, 1998 A 5 C E S B R C H C R P E PAGE 2 R R H E J l N A 5 W A E I 0 N 0 A D R S E N U S B l N N 0 K 0 E AGENDA C R 0 E E E A R E M K ITEM # SUBJECT MOTION VOTE H E N R Y S N F R S S 6 REFUNDS APPROVED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT a lIcense-$116,55145 b Tax -$ 3,05997 J/1 ASSOCIATION FOR RESEARCH & DEFERRED 90 11-0 Y Y Y Y Y Y Y Y Y Y Y ENLIGHTENMENT, INC. onlorgomont DAYS TO of a nonconformIng uso al Atlantic 11/10/98 BY Avenue/67th Street (DISTRICT 5 - CONSENT lYNNHAVEN\ DefelTed 7/14/98 2 SAMIR HALABIIWITCHDUCK MOTOR AllOWED 10-0 Y Y Y Y Y Y A Y Y Y Y CO , one-year extenolon of a WITHORAWAl B nonconforming use at 220/234 North BY CONSENT S Wltehduek Road to expand auto sales T (DISTRICT 2 - KEMPSVillE) A I N E D K APPOINTMENTS Reappointed 11-0 Y Y Y Y Y Y Y Y Y Y Y 4-Yr Term DEVELOPMENT AUTHORITY 9/1198- Kenneth 0 Barefoot 8/31/2002 PLANNING COMMISSION Appointed to 11-<J ) Y Y Y Y Y Y Y Y Y Y Kenneth F Bradley - Centerville Unexpired Term Dlslnet 1 thru 12/31/99 UM Concerns re City Manager AOD will handle ON a TRT Public Nobceslvery short nobce b Bike Trad along Norfolk Ave/CIty Pari< In area N ADJOURNMENT 233PM MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach. Virginia August 11. 1998 Mayor lfeyera E Oberndorf called to order the REVIEW OF AGENDA ITEMS In the Counct/ Conference Room, CII)' Hall BUIldIng, on August II, 1998, aJ 12:00 NOON Councl! Members Present Margaret L Eure, Linwood 0 Branch, 1II, Harold Helschober, Barbara M Henley, LoUIS R Jones, Reba S McClanan, MayO1 Meyera E Oberndorf, Nancy K Parker, Vice Mayor William D SeS5oms and A M "Don" Weeks Council Members Absent Wi/ham W HarrIson, Jr [ENTERED 12 10PMj - 2- AGE IV DA REV I E W S E S S ION 12:00 NOON ITEM # 43898 Ordinances authorizing the issuance of General ObligatIOn Bonds of the CIty for the purpose offinancmg, subject to the approval of qualified voters In the November 1998 electIOn A ModernizatIOn, renovatIOn and/or reconstructIOn of Public School Buildings B ModernizatIOn, I enovatlOn, reconstructIOn and/or constructIOn of Public Library projects Marcy SIms, LIbrary Director, distributed three revIsed propowls In response to Clly Council's dIscussIOns at theIr meeting on August 4, 1998 Revised Proposal A - 2.3 cents The library construcllon projects and servIce enhancements, formerly m the 3.4 cent package presented to City Council in April, 1998 are now Included, wllh some modificallons, In a 2.5 cent package This was accomplished by reduclllg the cycle of technology replacement. replacIng the staffing for electronic re,ources and addlllOnal servIce pOInts wllhln the enlarged libraries, reducing the SIze of the Green Run/Salem Library, usIng charter bonds and 51-MILL/ON III fund balance to buy down the Referendum costs, adjustIng the construction schedule and ellmmalmg some duplicatIOn costs Revised Proposal B - 2.2 cents This optIOn IS the same as Proposal A, but opens five, rather than nine libraries, on Sunday The libraries opened would be geographIcally spread across the community This reduces the total package to 2.2 cents Revised Proposal C -I. 7 cents Elllnmatlng the Green Run/Salem Library from Proposal B, whIch Includes 11m lied Sundar hours, the tax Increase reqUIred would be 1. 7 cents. E Dean Block, Director - Afanagement Services, advIsed another optIOn was devised encompassing a tax Increase of 1.8 cents This optIOn plovldes Modernizallons: Central LIbrary, Kempsville Library, Windsor Woods and Great Neck Library (lIIcludes 2000 square foot addlllon) Replaces: Oceanfront Library (8,000 to 16,000 square feel) Bayslde Area Combined FacilIty (27,000 square foot total), Pungo-Blackwaler LIbrary/Creeds School New Construction Princess Anne LIbrary and Green Run/Salem Library These are staffed and Sunday hours are provided. However, there are no staff added for the electronic services The Aging Infrastructure Only option was developed TIllS optIOn only upgrades the older libraries New libraries are not constructed In thIs optIOn Sunday hours are added at all the existing libraries ThIs would Involve an Increase of. 7 cents. The addlllOn of a new library and more comprehensIve staffing would reflect approxllnately 'l2 cent each The CIty Manager suggested. as there are several OptIOns and the commentsfrom the School Board Meetmg of August 12, 1998, must be received. these Ordinances be DEFERRED and a SPECIAL SESSION be SCHEDULED for the City Council to consider these Ordinances on August 18, 1998, at 2:00 P.M. August 1 I. 1998 - 3- AGE N DA REV IE W S E S S ION ITEM # 43899 Vice Mayor Sessoms referenced an ADD-ON to the Agenda Ordinance to AMEND the CIty Code. ADDING SectIOn 6-123 rerental of personal watercraft during dangerous water conditions This Ordinance IS m response to the near tragIc mcldent mvolvlng rented personal watercraft which occurred at the mouth ofRudee Inlet on Wednesday, August 5, 1998 This Ordinance IS supported by the Jet Ski Advisory Commission Assistant Clly Attorney Randy Blow advIsed a Small Craft Advisory IS Just an "advisory" It IS Issued by NOAH The indIviduals assume the risk of inJury or capsIZIng when they venture out Into the waters and a Small Craft Advisory IS m effect The Coast Guard cannot prevent them (rom venturing out and are frustrated They can only wam them and cannot reqUIre them 10 leturn to shore regardless of the water condlllOns Vice Mayor Sessoms expressed appreciatIOn to Clly Attomey Les LIlley and Assistant Clly Attorney Randy Blow for their efforts m develoPing thIs Ordinance ITEM # 43900 BY CONSENSUS, the following Ilems shall compose the CONSENT AGENDA ORDINANCES 11 Ordlllance to declare approximately 013 acre ofClty-owned property as EXCESS PROPERTY on the Northeast comer of the Inter>ectlon of Potlers Road and Wesley Drive, authorize the CIty Manager to dispose of same, and, appropriate the proceeds from tills sale to Parks & RecleatlOn 's OUTDOORS PLAN DISTRICT 3 - BEACH and DISTRICT 6 - ROSE HALL) 13 Ordmance to ADD a new sectIOn (SectIOn 18-22 I) to the CIty Code re Proof of Insurance as a prerequISIte to the I,suance of a Business License to any business whIch rents personal watercraft 14 Ordinance to TRANSFER $470from the General Fund Reserve for Contingencies to the FY 1998-1999 Operating Budget of the Department of Housing and Neighborhood PreservatIOn re reimbursing a City Employee for legal fees and expenses mcUl red by him In his defense of a charge brought against hl/n arISIng out of the performance of his official dulle' 15 Ordinance to authorize acquisition of property Infee sImple for right-of wav for Kempsville Road/Provldence Road intersectIOn Inlprovements (CIP 2-279) and acqUlS/llOn of temporary and permanent easements, ellher by agreement or condemnatIOn (DISTRICT I CENTERVILLE alld DISTRICT 2 - KEMPSVILLE) 16 Ordinance to authorize a temporary encroachment Into a portion of the Clty's 25' drainage easement by EDWARD A. and PHYLLIS K. CHITTENDEN to malntalll an exlsllng bulkhead and pilings and to Install and malntalll a proposed boat 11ft wllh aswclated pilings at 2132 Admiral DrlV<' West (J)ISTRICT 5 - LYNNHAVEN) 17 License Refunds - $14,55076 August 11, 1998 - 4- AGE N DA RE VI E W SESSION ITEM # 43900 (Continued) RESOLUTIONS J 1 Resolullonsrels~uanceofMultl-FamliyHouslng REFUNDING REVENUE BONDS by the Virginia Beach Development Authority: North Beach Apartments. inc ilia/to exceed $ 4,265.000 flk/a Terry Peterson Development CorporatIOn Pembroke Cro~srng Apartments, L L C Not to exceed $ 2,378,000 Summer StatIOn Apartments, L L C Nollo e<ceed $ 3.105.000 Councliman HarT/son wIll ABSTAiN on Item J I August//, 1998 - 5- AGE N DA REV IE W S E S S ION ITEM # 43901 K 4 Appilcallon of PRIMECO PERSONAL COMMUNICATION for a ConditIOnal Use PermIt for a commumcallons lOwer on the South side of West Landmg Road, West of West Neck Road (2465 West Landing Road), contaInIng 37 acres (DISTRICT 7 - PRINCESS ANNE) Council Lady McCianan advised she will vote a VERBAL NAY on thIs Item as she does not awee with the 250 feet In height TIlls Item will be dtscussed durIng the Formal SessIOn ITEM # 43902 K 7 AppilwtlOn of RAYMOND E. ALLAN for a ConditIOnal Use Pernlltfor an automobIle reoalr shoo on the North stde of Old Providence Road beglnlllng 700 feet more or less East of Clinton Street, containing 21,/266 square feet (DISTRICT I - C£},'TERVILLE) COIlllcli Lady Parker expressed concern relallve the noise from the bay to the adjacent neighborhood ITEM # 43903 K 8 AppilcatlOn ofDALA CORPORATION. a VIrginia CorporatlOnfor a ConditIOnal Use Permit for an Ooen Soace PromotIOn on the North side of Indian River Road beginning 2080 feet more or less East of Htllcrest Farms Boulemrd, contaInIng 30 acres (DISTRICT 7 - PRINCESS ANNE) ThIs Item wIll be dIscussed durIng the FORA/AL SESSION The Planning Commission has recommended denial. City Staff has recommended an additional 60-day deferral. The applicant has requested this application be heard. ITEM # 43904 K 9 AppilcatlOn of 0 & R, INc., a Virginia CorporatIOn. and/or Assigns for a Chanlle OfZOnln1l DlstrtCI ClassIficatIOn from R-I 0 Residential Dlstrtctto A-12 Aoartment Dlstrtct with a PD-H Overlav on the West side of Salem Road 120 feel more or less North of Lynnhaven Parkway. contaInIng 12186 acres (D~TRICT/-CENTERVULm Council Lady Eure referenced page 20 of thIs Agenda Item and expressed concern relatIve the density Parking is a concern What will be expected of other develope,s, if this IS allowed to continue In the Oty ThIs Item will be discussed durIng the Formal SessIOn ITEM # 43905 BY CONSENSUS, the following Items shall compose the PLANNING BY CONSENT AGENDA K I Ordinance In thepeltllOn of POTTERS ROAD INVESTMENT GROUP. for the discontinuance closure and abandonment of Pollers Road begml/lng at the SoUlheast IntersectIOn of Potters Road and We,ley Drtve and lunmng m an Easterly directIOn a dIstance of 270 feet more or less, contaInIng 68,577 56 square feet (DISTRiCT 3 - ROSE HALL) K 2 AppilcatlOn of cox CREEK PROPER TIES for a VarIance to SectIOn 4 4(b) oflhe SubdivIsIOn OrdInance which reqUIres that lols created by subdivIsIOn must meet all reqUIrements of the CIty ZonmgOrdmance at 516 South Lynnhaven Road (DISTRICT6- BEACH) August ll, 1998 - 6- AGE N DA REV IE W S E S S ION ITEM # 43905 (Continued) K 3 RECONSIDERA TIONS OF CONDITIONS a ApplicatIOn of ROBERT and JANET KOTTKE re Conditional Use Permll approved 12 February 1990 for a oreschool at 5009 Providence Road (DISTRICT 2 - KEMPSVILLEj b ApplicatIOn of REVEREND PETER STILLER of ST. MICHAELLUTHERANCHURCHreCond,tlOnal Use Per/nil approved In behalf of JAN KOTTKE I3 August I996 for a school at 2208 Prmcess Anne Road (DISTRICT 7 - PRINCESS ANNE) K 4 AppIllatlOn of PRiMECO PERSONAL COMMUNICATION for a Conditional Use Perm II for a commumcatlOns lOwer on the South sIde of West Landing Road, West ofW"est Neck Road (2465 West Landlllg Road), contalnmg 37 acres (DISTRICT 7 - PRINCESS 4NNE) K 5 ApplicatIOn of SPRiNT PCS, CE. FOREHAND III for a ConditIOnal Use Per/nit for a commumcallon antenna on the West sIde of North Great Neck Road, North of Old Great Neck Road (525 North G,eat Neck Road), containing 4695 acres (DISTRICT 6 - BEACH) K6 AppilcotlOn of LYNNHAVEN REALTY, LL.C for a ConditIOnal Use PermIt for motor vehicle sales and service on the South sIde of Virginia Beach Boulevard, East of Parker Lane (2369 Vlrgmla Beach Boulevard), contalnmg I 235 acres (DISTRICT 6 - BEACH) K 7 ApplicatIOn of RAYMOND E. ALLAN for a ConditIOnal Use Permltfor an automoblie reOalr shoo on the North side of Old ProVIdence Road begmnlng 700 feet more or less East ofCllnlOn Street, contamlng 21.1266 'quare feet (DISTRICT I - CENJERVILLE) August}}, }998 - 7- CITY COUNCIL CONCERNS 12:30 P.M. ITEM # 43906 Counc¡/ Ladv Parker inqUIred relative the laws concernIng police pursuit. The City Manager advised the policy IS currently under review at the departmental level Thetr draft will be fmallzedwlthmthenextfew weeks Tht~ Item will be SCHEDULEDfor a Br¡eflng on CIty Council's Agenda re/allve the existing policy and the proposed amendments ITEM # 43907 Councilman Weeks inqUIred relative informatIOn concernIng the policing of the amphitheater Councilman Weeks has been mformed the Sheriff's Department polices the insIde of the amphitheater ITEM # 43908 Councilman Weeks requested the status of the Juvenile Detention Home E Dean Block, DIrector - Managemem ServIces. advised the 35% drawings have been reviewed wllh the Clly's comments approved and returned by the State The City IS develoPing a Policy Report to be forwarded to Ihe CIty Manager and then to the City Counc¡/ This report w¡/I address a variety of Issues rcllSed by some of the Juvelllle Court JustIce, The CIty IS proceeding wllh the facIlity according to the Capital Improvement Program and are close to being on schedule ThIs project IS deslgnedfor a maXlmliln 75 beds and IS bemg bUIlt to 60 beds wllh the capabdlly of expansIOn ITEM #43909 Council Lady Henley referenced the continuing problem of noise wl/h the amphitheater Council Lady Henley advised the concert on Sunday night lasting unttl I I 45 PM Council Lady Henley advised she receIved a report which stated the concert lasted until 11:45 P.,If., as It was late beginning The sound reportmdlcated something was occlllrlngat an 87 7 decibel level until 12 01 A M Wllh the exceptIOn of an mft equent famt sound, the amphitheater reported the music was not audible 11/ either the Salem Lake SubdivisIOn or the Landstown Community The amphItheater dId not receIve any calls of complamt This IS not what CouncIl Lady Henley has been told Collllcd Lady Henlev wal gIven documentatIOn by someone from the neIghborhood who cal/ed and has the name of the perwn she spoke with at a time prior to 1 I 00 P .\1 and at II 00 P M Reports from the amphitheater and the neIghborhoods conflIct The City Manager advised the Amphitheater has been notified the Conditional Use Permit stated the concerts must be completed by 11:00 P.M. with no exceptIOns Counctlman Weeks advIsed when he spoke wllh the Police Department regarding the Phlsh Concert, approxmwtely 100 people were arrested mthe parking lot wllh the majorIty being drug related offenses Mayor Obemdorf advised she and Roger did not allend the Phtsh Concert, but dro\'e down there at approxImately 9 15 PM and drove around the neighborhoods They drove down Salem Road, commg up Dam Veck and over to Landstown Between 9 15 PM and 10 30 PM, all was quIet August II, 1998 - 8- ITEM # 43910 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL m the Oly Council Conference Room, Oty Hall BUlldmg, on Tuesday, August]I, 1998. al12 42 PM Council Members Present Lmwood 0 Branch, U/, Margaret L Eure, Wilham W Hamson, Jr, Harold Helschober, Barbara M Henley, LouIs R Jones, Reba S McClanan, Mayor Meyera E Obemdorf. Nancy K Parker, Vice Mayor Wilham D Sessoms, Jr and A M "Don" Weeks Council Members Absent None August II, /998 - 9- ITEM # 43911 Mayor Meyera E Oberndorf entertained a motIOn to permll CIty Counc¡[ to conduct Its EXECUTIVE SESSION, pursuant to SectIOn 2 1-344, Code of Vlrglllla, as amended,for Ihe following purpose PERSOMVEL MA ITERS DISCUSSIOIl or consIderatIOn of or intervieWS of prospective candidates for employment, assIgnment, appOlntmelll, promotIOn. performance, demotIOn, salanes, dHClpllnlng, or resIgnation of specifìc public officers, appOll1tees, or employees pursuant to SeCllon 21-344 (4) (/) TOWII Boards and CommissIOns Parks and Reaeatlon CommlsslOll Public LIbrary Board PUBLICLY-HELD PROPERlY DIscussIOn or consIderatIOn of Ihe condlllon, acqlllslllOn, or use oj real property for public purpose, or of the dISpOSIlIO" of publicly-held prope,f1;, or of pla"s for the future of an InSIllUlIOIl which could aJject the value of property owned or deslrablefor ownersillp by such InSIllUtlO1l pursuant to SectIOn 2 1-344(A}( 31 To-Wit Use ofc.ry Property for Commulllcatwn Towers Kempsville and Prill cess Anne Dlstncts 31" Street Pro¡ect Rudee Loop Project LEGAL MA ITERS ConsultatIOn wllh legal coullsel or bnefings by staff members, consultants. Of attOlneys pertallllllg to actual or probable /¡tlgatlOn, or other specifìc legal matters requesting the prOVISIon of legal advIce by counsel pursuant to SectIOn 2 1-344(A)(7) TO-WII Ba¡[ey, et al v Clly of Vlrglnta Beach (FLSA cases) Upon motIOn by VIce Mayor Sessoms, seconded by Counc¡[man Jones, Clly Counc¡[ voted to proceed lIltO EXECUTIVE SESSION. Votlllg 11-0 Counc¡[ Members Voting Aye Lmwood 0 Branch, 111, Margaret L Eure, W¡[lIam W Hamson, Jr, Harold Helschober, Barbara M Henley, LOIll.I R Jones. Reba S McClanan. Mayor Meyera E Obemdorf Nallcy K Parker, Vice Mayol Wt!lIam D Sessoms, Jr and A M "Don" Weeks Colmct! Members Votlllg Nay None Counc¡[ Members Absent None August 11, 1998 - 10- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL August 11, 1998 2:25 P.M. Mayor Meyera E Oberndorfcalled to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL In the Counul Chamber, CIty Hall BUIlding. on Tuesday, August I I. 1998, at 2 25 PM Council ,\1embers Present Linwood 0 Branch, llJ, Margaret L Eure, Wilham W Harrison. Jr, Harold Hetschober. Barbara M Henley. LoUIs R Jones, Reba S McClallan, Mayor Meyera E Oberndorf Nancy K Parker, V,ce Mayor Wilham D Sessoms, Jr and A M "Doli" Week.-. Council Members Absent None INVOCATION Reverend T E Thieman. DD Chaplam PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officel ofWachovla Bank. disclosed there were no mailers on the agenda In which he has a "personallllterest". as defined In Ihe Act, ellher indIVIdually or III his capacllY as an officer of Wachovla Bank 71le Vice Mayor regularly makes this Dl5closure as he may not know oflhe Balik's Intereslln anyapphcatlOn that may come before ClIyCouncli Vice Mayor Sessoms , lellerofJanllary I. 1998, IS hereby made a part of lite ,ecord August I I, 1998 - 11- [tem IV-E CERTIFICA TION OF EXECUTIVE SESSION ITEM # 43912 Upon motIOn by VIce Mayor Sessoms. seconded by Councilman Helschoher. CIty Council CERTIFIED THE EXECUTIVE SESSION TO BE TN ACCORDANCE WTTH THE MOTION TO RECESS. Only public buslneu mailers lawfully eœmpted from Open Meelmg reqUIrements by Virginia law were dIscussed In Execullve Se,slOn to which this certificatIOn resolutIOn appllô, AND, Only such public business mailers as were Identified In the motIOn convening the Executive SessIOn were heard. discussed or consIdered by Virginia Beach Clly CoWlcll Voting 11-0 Council Members Voting Aye Linwood 0 Branch, Ill, Margaret L Eure, WIlliam W Harrzson, Jr, Harold Helsc!lObel. Barbara M Henley. LouIs R Jones. Reba S McClanan. Mayor Meyera E Oberndorf. Nancv K Parker. Vice Mayor William D Sessoms, Jr and A M "Don" Weeks CouncIl Members Voting Nay None CouncIl Members Absenz None August II, 1998 fRrønlutinu CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS The VlTgmla Beach City CouncIl convened mto EXECUTIVE SESSION, pursuant to the affirmative vote recorded m ITEM # 43911, Page 9, and m accordance with the provisIOns of The Virginia Freedom of Information Act, and, WHEREAS' SectIOn 2 1-344 of the Code of Vlrgmla reqUIres a certification by the governing body that such ExecutIve SessIOn was conducted m conformity wIth VIrginIa law. NOW, THEREFORE, BE IT RESOL VEO' That the Vlrgmla Beach CIty Council hereby certifies that, to the best of each member's knowledge, (a) only publtc busllless matters lawfully exempted from Open Meetmg reqUIrements by VlTgmla law were discussed 111 Executive SessIOn to which thIs certIficatIon resolutIOn applies, and, (b) only such public busllless matters as were Identified m the motion convenmg this Executive SessIOn were heard, dIscussed or considered by VirgInIa Beach City CouncIl (~~--d- R Hodges mlth, cMC/AAE CIty Clerk August 11,1998 - 12- Item iV-F I MINUTES ITEM # 43913 Upon motIOn by Vice Mayor Sessoms, seconded by Council Lady Eure. CIty Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of August 4, 1998. Voting 11-0 Council Members Voting Aye Linwood 0 Branch, ill. Margaret L Eure William W Hamson, Jr, Harold Helschober, Barbara M Henley, LouIs R Jones. Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor William D Seswms. Jr and A M "Doli" Weeks Council Members Voting Nay None Council Members Absent None Augustii,I998 - 13 - Item IV-G.I. ADOPT AGENDA FOR FORMAL SESSION ITEM # 43914 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION Thefollowmg Item shall be ADDED 10 the Agenda Ordinance to AMEND the CIty Code, ADDING SectIOn 6-123 re rental of personal watercraft durIng dangerous water conditions August 11, 1998 - 14- Item IV-G.2. PRESENTATION ITEM # 43915 Mayor Oberndorf PRESENTED PROCLAMATIONS to the followlIIg Lifeguards Michael P. Carter Kenneth W. Cashwell Matthew D. Fisher Carl L. Throckmorton Domenic J. Scotty Mayor Oberndorf advised these courageous young men on Augu5t 5. 1998. responded to a callfor assIstance following aiel skI accIdent III their courageous efforts to reswe a lady alld her SOil from the hea.y surf at Rudee Inlet. these youllg mell are true heroes who deserve recognltlOll and gralllude of all the CItizens of Vlrglllla Beach August I 1,1998, IS PROCLAIMED a da} III their honor Pewter ClIpS were presented to each The SupervIsor of lifeguards expressed appreciatIOn alld recognized also the efforts of Lieutenant Guy Wheatley and Chris Dordy August//. /998 \ ' Jrntlumutintt On )Iugust 5, 1998, 5'vtlcliaef P. Carter and'four oilier 'VIrgInia Œeach LifeguardS responáeá to a ca{( for asszstallce fOIInwIng a Jet s/ú accufent; aná 'Wliereas: rJliese 'VIrginia Œeacli Lifeguarás reacteá qUICk[y, nsfi.!á tlielr (lVes aná s1ljfereá InJunes In tlielr courageous efforts to rescue a faáy aná fief son from tlie lieavy suif at (j(wfee Infet; aná 5'vtlcliaef P Carter, 'K.ßnnetli W. Casliwe[[, 5'vtattliew (]). PlSlier, (])omenlc J. Scotty aná Carr L. 71iroc!tmortoll are true lie roes wlio áeserve recognitIOn aná tlie gratltuáe of a(( CItIZens of tlie CIty of 'VIrgInia Œeacli, as wef( as tlie 2.5 ml((lon peopfe wlio VISIt us eacfi year Now, 71ierefore, I, 5'vteyera 'E. 06enufotj, 5'vtayor of tlie Crty of'VlrgInIa Œeacli, 'VIrgInia, áo liere6y Procfalm: 'Wliereas: 'Wfiereas. )Iugust 11,1998 :.Mic/iaeCP. Carter(j)ay In 'VirgInia Œeacfi, ca({¡ng upon a{( resufents to recognIZe tlie courage aná qulc!tresponse fie allá Ii IS jeffow [ifeguarás slioweá In savIng tlie fIves of two vISItors to our clly. In 'WItness 'Wfiereoj, I fiave liereunto set my lianá aná causeá tlie Officla( Sear of tfie CIty of'Vlrgl1lla Œeacli, 'VirgInia, to 6e a.f/i.x!á tfilS 'Efeventfi áay of )Iugust, %neteen Hunáreá allá %nety-'Elgfit. _/'~---:. (b~~¡~~ -;c.~-.;:¥?-~....:,; ,". . ~~~>~~ ~~) . r::r.::: tJ~ 5'vtayor 'rn t lamat inn On }lugust 5, 1998, '/(ßnneth W. Cashwe{[ and four other VIrgInia Œeach Lifeguards responded to a ca{[ for assIStance fo{[owtng a Jet sÆJ aca.dent; and 'These VIrgInia Œeach Lifeguards reacted qUICIify, nsÆ.fd theIr úves and sujfered tnJunes tn theIr courageous efforts to rescue a (ady and her son from the lieavy surf at <Jtuáee InlEt, ani Whereas' ?r1lcnae£ cP Carter, '/(ßnneth W. Cashwe£C ?r1atthew (f). Pzsher, (f)omenlc J. Scotty and Can L. 7liroc/¿morton are true neroes who deserve recognitIOn and the gratItude of a[[ CItIZens of the City ofHrg'nla ŒeaCh, as we{[ as tne 2 5 ml[{¡on peopfe wno VISit us eacli year 'Now, 7lierefore, I, ?r1eyera 'E 06emdoif, ?r1ayor of the CIty of Vlrglllla Œeach, VIrgInia, do nere6y Proc(alm: Whereas: Whereas: }lugust 11, 1998 1(enneth W. Cashwe{{(])ay In VirgInia Œeacn, cailing upon a{[ restdents to recognIZe the courage and qulcltresponse he and hIS feŒow [ifeguanis snowed tn savl1Ig tne fives of two vISItors to our city In Witness Whereof, I /iave nereunto set my hand and caused tne OffiCta[ Sear of the City of Vlrgl1lta Œeacn, Vlrgtnta, to 6e aifv.;ßd tnlS 'Efeventh day of)Iugust, 'Nl1Ieteen J{undred and 'Nl1Iety-'EIgnt. ~~,~:l==,,~:~,\~ ), - ~---.;.;~,l:i.~-i. .; ]. ",;~~~ý~~7-: ~,:-.~:-.;..~",-=--;""r'- ~~~~;~~~ I. -, , ~rná~ ()~ 'Mayor ¡trntlamattnu Wliereas: On August 5, 1998, ?dattliew ([) PlSlier aná four otfier 'V'trgInUl Œeacfi Lifeguarás responáeá to a ca([ for MSlStance fOfWwIng a Jet SRJ acctáent; aná Wfiereas: 'I1iese 'V'lfgInUl Œeacfi Lifeguarás reacteá qUlclify, nsÆfá tfietr fives aná suffereá InJUnes m tfieir courageous efforts to rescue a faáy aná fief son from tfie fieavy surf at rJ{uáee Infet; aná ?d¡cfiaef CPo Carter, 7(ennetfi W. CMliweft; ?dattliew ([). PlSfier, ([)omemc J. Scotty aná Carr L. 'I1irock,morton are true fieroes wlio áeserve recogmtwn aná tfie gratltuáe of a[{ attZens of tfie Oty of'VtrgwUl Œeacfi, as were as tfie 2.5 mdlion peopfe wlio VISIt us eacli year. :Now, 'I1ierefore, I, Jrteyera 'E OGemáorf, :Mayor oj tlie Oty oj'1/trgrnUl Œeacfi, r¡)lfgrnUl, áo liereGy Procfatm. WfiereM. August 11,1998 :Matthew Ð. Pisher Ðay In r¡)¡rgrnUl Œeacfi, cailing upon a([ restáents to recogntZe tfie courage aná qUlck,response fie altá filS feCCow {ifeguarás sfioweá 111 savIng tfie fives of two vISItors to our aty. In Wttness Wfiereof, I liave fiereunto set my fianá aná causeá tfie OffiCUl{ Sear of tlie Oty oj'V'lrgrnUl Œeacfi, r¡)trgInUl, to Ge a~á tfilS 'Efeventfi áay oj August, :NIneteen '}{unáreá aná J{inety-'El{jfit. /~~V,?~~ ;,~~ ll~.~.j.d;Ml~~i- ij -j ~ \_"~,¡'r-;'i' ",,"~ "K£;.o"-~.r,f~ ~~~~~~~:~ --- - 06~ ()~ -. . Jrntlumuttnu 'Wliereas' On )I ugust 5, 1998, Carr L %rocl¿morton and: four otlier 'VIrgInia Œeacli LifeguardS respontfed: to a calf for asSIStance folIcwzng a Jet sÆJ accufent; and: %ese 'VIrgInia Œeacli Lifeguard:s reacted: qUICIify, n.sÆßd: tlielr (zves and: suffered: InJunes In tlielr courageous efforts to rescue a fatly and: lier son frolll tlie lieavy suif at !J(ud:ee Infet; and: :MIcliaefcp Carter, 7(ennetli 'W. Casliwe[[, :Mattliew I]) 'FlSlier, I])omenlc J Scotty and: Car[ L rrFirocR.Jtlorton are true lieroes wlio d:eserve recognitIOn and: tlie gratItuáe oj a[[ cItIZens of tlie City oj'VlrgInIa Œeacli, as were as tlie 2.5 IIlI[(zOIl peopfe wlio VISIt us caLli year. 'Now, %ereJore, I, :Meyera fE. 06emd:oif, :Mayor oj tlie CIty oj'VlrgInIa Œeacli, 'VIrgInia, d:o liere6y Œ'rocfalm: 'Wliereas: 'Wliereas. )iugust 11,1998 Cad L. Tfirocltmorton (j)ay In 'VIrgInia Œeacli, ca[[Ing upon a[[ resufents to recognIZe tlie courage and: quIcl¿response lie and: filS felIcw [ifeguard:s sliowed: In savl1Ig tlie (zves of two VlSltors to our CIty. In 'WItness 'Wliereof, I liave liereunto set my liand: and: caused: tlie Officla[Sea[ oj tlie CIty oj'VlrgInIa Œeacli, 'VIrgInia, to 6e a.ffi:<ßd: tlilS fEléventli d:ay of )Iugust, 'NIneteen Hunáred: and: 'Nl1Iety-fElglit. 7;~}r~<~~~~~ - '- :/"'(-~';'~";::"(!;'\ ;[ù{ .j ,.:,';, ;0 ~ ,~-\¡*3i~~!k;:;¡'~ ~~:;; \,~~~,;,~~ if : ~¥~45';;, ;:::.::--..-,-~".,!'.tJ ...::.- ~-..-....~,-,;:..r,.::::"'" ~ . ~~-"""::::::~' -- ~V..; ~C:: O~ :Mayor " , 'rntlnmnttnu On jfugust 5, 1998, ([)omenIc J Scotty aná four oilier 'VIrgInIa Œeacli Lifeguarás responáeá to a ca([ for assIStance fof1òwmg a Jet sl?J accufent; aná Wliereas' rr1iese 'Vlrgmla Œeacli Lifeguarás reacteá qulcf(fy, nsf?§á tlietr fives aná suffereá mJunes m tfielr courageous efforts to rescue a Ú1áy aná lief son from tlie lieavy surf at (j(uáee Infet, and' Wliereas' :Mlcliad P. Carter, '1(ennetli W Casliwd~ :Mattliew ([) 'FlSlier, ([)omenIC J Scotty and' Car( L. rr1irocÆJnorton are true lieroes wfio áeserve recognItIOn aná tlie gratttuáe of a{{ CltlzellS of tlie [Ity of'Vlrgmla Œeacli, as wd{ as tlie 2 5 ml{úon peopfe wlio VISIt us eacli year. Now, rr1ierefore, I, :Meyera'E. 06emáoif, :Mayoroftlie[ItyoJ'VtrgmlaŒeacli, 'Vtrgmla, áo here6y ProcÚ1lm' Wliereas: }lugust 11,1998 (])omenic J. Scotty (])ay In 'Vlrgmla Œeacli, caŒng upon a([ resufents to recognIZe tlie courage aná qulcF¿response lie aná Ii IS fe{fcw {ifeguarás slioweá m savIng tlie fives of two vISItors to our CIty. In Witness Wliereof, I {lave liereunto set my lianá aná causeá tlie Officla{ Sear of the [Ity oJ'Vlrgmla Œeacli, 'VtrgmUl, to 6e a.if1.x!á tlilS 'Efeventli áay of jfugust, Nmeteen J{unáreá aná NlIIety-'Elglit J/"-~:" :"-:;........- f~< ~-.:'"-""~~;,~.>¡o .. -;~~~';7:---:- ~"'-~.. /~~, , 'J'..("'--...-~ .....~-~~ :>:1 ~'.> ' ..- t~~~ ".- " - - " -" ;~.= :¡ ---""'-:i~'.Î'q:z;r.~~: ; ,~.. \',"-~~'._::::1~~~ ::.. -:. i,-~~~~<'-I- "'~.:."'K~- ~--~-".;-:;< ~1~~~'k~tt~~ -; . 6""á:; ()~ Item IV-H PUBLIC HEARING - 15- ITEM # 43916 Mayor Oberndorf DECLARED A PUBLIC HEARING EXCESS CITY REAL ESTATE PROPERTY Northeast corner of Potters Road and Wesley Drive (DISTRICT 3 - BEACH and DISTRICT 6 - ROSE HALL) There being no speakers. Mayor OberndorfCLOSED THE PUBLIC HEARING. August I I, 1998 - /6- Item /V-I ORDINANCES ITEM # 43917 Upon motIOn by Vice Mayor Sessoms, seconded by Counc'¡man Branch, ClIy Counc¡JAPPROVEDINONE MOTION, Ordinances / , 3, 4, 5, 6 and 7 Voting 11-0 Counc'¡ Members Voting Aye LlIIwood 0 Branch, Ill, Margaret L Eure, Wtlliam W Harrison, Jr, Harold Hetschober, Barbara M Hen/ey, LoUIS R Jones. Reba S McC/anan. Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor W¡J/¡am D Sessoms, Jr and A M "Don" Weeks Counc'¡ Members Voting Nay None COUlIC'¡ Members Absent None August / I, 1998 - 17 - Item IV-I. 1. ORDINANCES ITEM # 43918 Upon motIOn by Vice Mayor Sessoms, seconded by Councllmwl Branch, Clly CouncIl ADOPTED: Ordinance to declare approximately 0 13 acre of CIty-owned property as EXCESS PROPERTY on the Northeast corner of the intersectIOn of Polters Road and Wesley Drive, authorize the Clly Manager to dIspose of same. and, approprIate the proceeds from thIs sale 10 Parks & RecreatIOn's OUTDOORS PLAN (DISTRICT 3 - BEACH and DISTRiCT 6 - ROSE HALL) Voting 11-0 (By Consent) Council Members Vollng Aye Linwood 0 Branch, III, Margaret L Eure, William W Hamson, Jr, Harold Helschober, Barbara M Henley, LoUIS R Jones, Reba S McCianan. Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor WIllIam D Sessoms, Jr and A M "Don" Weeks Council Members Voting Nay None Council Members Absenl None August 11. 1998 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 1 2 3 4 5 6 7 8 9 AN ORDINANCE DECLARING CERTAIN PROPERTY EXCESS, AUTHORIZING THE CITY MANAGER TO DISPOSE OF SAME, AND APPROPRIATING THE PROCEEDS OF THE SALE ($3,750) TO CIP # 4-964 VIRGINIA BEACH OUTDOORS PLAN GREENWAYS! SCENIC WATERWAYS WHEREAS, by deed recorded in the Clerk's Offlce of the Clrcuit Court of the Clty of Vlrglnla Beach, Vlrginla, In Deed Book 1472, page 505, the Clty of Vlrglnla Beach acqulred tltle In and to certain real property, a portlon of wnlch lS descrlbed In Exhlblt A attached hereto; WHEREAS, the Councll the determined that has Clty property referenced as "AREA TO BE DECLARED EXCESS (APPROX. 0.13 AC.)" In Exhlblt A (the "Property") lS In excess of the needs of the Clty of Vlrglnla Beach; WHEREAS, an appralsal of market value has been prepared by a quallfled appralser and has been delivered to and approved by Clty staff; and WHEREAS, Clty Council lS of the opinlon that the sale of the Property should be at the appralsed value of $3,750, and that the proceeds of the sale should be appropriated to CIP #4 - 964 Vlrglnla Beach Outdoors Plan Greenways/Scenlc Waterways. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Property lS hereby declared to be In excess of the needs of the Clty of Vlrglnla Beach; 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 2. That the C1ty Manager 1S hereby author1zed to convey the Property for the appraised value of $3,750, in a manner he deems in the best 1nterest of the C1ty 1nclud1ng the right to reta1n easements and other 1nterests 1nclud1ng, but not 11m1ted to, covenants and restr1ct1ons that he deems appropr1ate before the Property is conveyed by qu1tcla1m deed; 3. That funds 1n the amount of $3,750, representing the proceeds from the sale of the Property, are hereby appropr1ated to CIP# 4-964 V1rg1n1a Beach Outdoors Plan Greenways/Scen1c Waterways; and 4. That from the excess sale of est1mated revenue property 1S hereby increased in the amount of $3,750. This ordinance shall be effect1ve from the date of its adopt10n. Adopted by the Counc11 of the C1ty of V1rg1n1a Beach, V1rgin1a, on the ~ day of August , 1998. CA-6804 ORDIN\NONCODE\PROPEXCE.ORD R-1 PREPARED: 8/3/98 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ¿~ 2 EXHIBIT A CURVE DELTA C1 013'41 'OS" C2 013' 41 'OS" C3 O~O'OO'OO" C4 0~S'O"51" CURVE TABLE RADIUS ARC CHORD 211,33' 50,4S' 50,3S' 211,33' 50,48' 50,3S' 20,00' 31,42' 28,28' 20,00' 34,25' 30,22' LINE U L2 L3 L4 L5 L6 L7 LS TANGENT CHD BEARING 25,36' S8,'02'2"'W 25,36' S8,'02'2"'W 20,00' N54'48'O"'W 23,06' 558'52'02"E LINE TABLE BEARING 5BO'U'53"W 5BO'U'53"W N72'04'02"E 549'57'07"E N72'04'02"E NBS'54'32"E N77'20'09"E 520'21'23"W DISTANCE 83,20' 100,00' 91.04' 14. IS' 55.33' 50,25' 94.47' 35.84' NOW OR FORMERLY CITY OF VIRGINIA BEACH (D.B. 1472, PG, 505) :E "' U) r m z -< 0 C UI~ :II N.... 1-1 . CD < N, m ~~ . ã ,,~ ",31 'ûì 0 . - L2 C2 L6 , , , , , L7 AREA TO BE CONSIDERED FOR STREET CLOSURE C1 L1 POTTERS ROAD (VARIABLE R/H) (M.B. 10B. PG. 34) (O.B. 1515, PG. 5B3) WÆJ AREA TO BE DECLARED EXCESS (APPROX. 0.13 AC.) EXHIBIT PLAT FOR EXCESS CITY OWNED PROPERTY AT INTERSECTION OF POTTERS RD, AND WESLEY DR, VIRGINIA BEACH VIRGINIA 0 , , " , /", ,- , , , , , 1 I I I 1 I I 1 5 ROAD porT ~ ~ - - - - - ~ - - ---------------- , ----- 0 , -------------- 0 - -- ,'-1 LOCATION MAP SHOWING EXCESS CllY OWNED PROPERlY (0.13 Ac.) '\ ADJACENT TO POTTERS ROAD AND WESLEY DRIVE SCALE: 1" = 100' I PREPARED BY P/W ENG, DRAFT, 1/22/97 - 18- Ttem IV-J.2.a/b. ORDINANCES ITEM # 43919 The following spoke In SUPPORT: M,chael Hamer, 1597 Bay POint Drive, Phone 625-1214, represented the Virginia Beach ASsoclatlOnfor the Gified and Talented Thefollowlng spoke In OPPOSITION: Mike Arsuaga, 520 Surf sIde Avenue, Phone 425-7084 Ben Krause, 1436 Five Hill TraIl Verllon FIX. 4841 Prlnces~ Anne Road. Phone 495-1541 Lou Pace. 1908 Hunts Neck Court. Phone 468-0928 Upon mollon by V,ce Mayor Sessoms, seconded by Councilman Harrison. CIty Council DEFERRED TO THE 18 AUGUST T998SPECIALSESSIONOFCTTYCOUNCTL: Ordinances authorizing the issuance of General ObligatIOn Bonds of the CIty for the purpose offinanclng, subject to the approval of qualefted voters In Ihe November 1998 electIOn ModernlzatlOn, renovatIOn and/or reconstructIOn of Public School Buildings ModernlzatlOn, renovatIOn, reconstructIOn and/or constructIOn of Public LIbrary projects Voltng ll-O Council Members Voltng Aye Linwood 0 Branch, 111, Margaret L Eure, William W Harrison, Jr, Harold Helschober, Barbara M Henley, LoUIs R Jones, Reba S McClanan, Mayor Meyera E Oberndorf. Nancy K Parker, Vice Mayor William D Sessoms, Jr and A M "Don" Weeks Council Members Voting Nay None Council Members Absent None August II, 1998 - /9- Item IV-I.3. ORDINANCES ITEM # 43920 Upon motIOn by V,ce Mayor Sessoms, seconded by CouncIlman Branch, City Counc¡[ ADOPTED: Ordinance to ADD a new sectIOn (SectIOn 18-22 1) to the CIty Code re Proof of Insurance as a prerequIsite to the Issuanœ of a Business License to any business whIch I ents personal watercraft. Voting 1/-0 (By Consent) Council Members Voting Aye Linwood 0 Branch, Ill, Margaret L Eure, Wilham W Hamson, Jr, Harold Helschober, Barbara M Henley, LoUIs R Jones, Reba S McClanan, Mayor Meyera E Oberndorf. Nancy K Parker, V,ce Mayor W,lliam D Sessoms, Jr and A M "Don" Weeks Counc¡[ Members Voting Nay None Counc¡[ Members Absent Nolie August 1/. /998 1 2 3 4 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 AN ORDINANCE TO ADD A NEW SECTION TO THE CITY CODE PERTAINING TO PROOF OF INSURANCE AS A PREREQUISITE TO THE ISSUANCE OF A BUSINESS LICENSE TO ANY BUSINESS WHICH RENTS PERSONAL WATERCRAFT 6 SECTION ADDED: SECTION 18-22.1 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 9 That Sectlon 18-22 1 of the Clty Code lS hereby added to read as follows: Sec. 18-22.1 Insurance orereauisite to issuance of license to any business which rents oersona1 watercraft. lli No llcense shall be lssued to any buslness whlch Drovldes personal watercraft for rent until the aD~llcant therefor shall haye Dresented a certiflcate of llabillty lnsurance. aDD roved by the city attorney as to form and surety. In an amount of not less than milllon dollars ($1.000.000) whlch one Der occurrence lnsurance shall Drovide coveraoe for clalms of death. bodily iniury and/or resultlno the oDeration such of DroDerty damaoe from Dersonal watercraft. lQl of the term "Dersonal thls sectlon. For DurDoses watercraft" means a motorboat less than slxteen (16) feet in lenoth whlch uses an lnboard motor Dowerlno a let DumD as ltS Drlmary motlve Dower and whlch lS desloned to be oDerated by a Derson slttlno. standlno. or kneellno on. rather than in the conyentlonal manner of slttlno or standlno lnslde. the yessel. lct This any buslness section shall be aDDlicable to described In subsectlon (a) whlch aDDlles for a new business llcense. or renewal of an exlstlno buslness license. after Auoust 11. 1998. 31 32 33 34 35 36 37 Adopted by the C1ty Counc11 of the C1ty of V1rgin1a Beach, V1rg1nia, on th1s 11th day of August, 1998. CA-7099 DATA/ORDIN/PROPOSED/18-022-1.0RD R2 PREPARED: August 4, 1998 APPROVED AS TO CONTENTS: Commissioner of the Revenue Finance/Risk Management APPROVED AS TO LEGAL SUFFICIENCY: Department of Law 2 - 20- item iV-I.4. ORDINANCES iTEM # 43921 Upon motIOn by VIce Mayor Sessoms, seconded b)' Counc¡/man Branch, ertv Counc¡/ ADOPTED, Ordinance to TRANSFER $470 from the General Fund Reserve for Contingencies to the FY 1998-1999 Opera ling Budget of the Department of Housing and NeIghborhood PreservatIOn re rellnburslng a City Employee for legal fees and expenses Incurred by him In hIs defense oj a charge brought against hllZl arISIng out of the performance of his official dulles Voting 11-0 (By Consent) Counc¡/ Members Voting Aye Linwood 0 Branch, II/, Margaret L Eure, Wlillam W Hamson. Jr. Harold Helschobel. Barbara M Henley, LoUIs R Jones, Reba S McClailan, Mayor Meyera E Oberndorf. Nancy K Parker, Vice Mayor Wllbam D Sessoms, JI and A M "Don" Weeks Councli Members Voting Nay None Council Members Absent None August 11. 1998 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF $470 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE FY 1998-99 OPERATING BUDGET OF THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION FOR THE PuRPOSE OF REIMBURSING A CITY EMPLOYEE FOR LEGAL FEES AND EXPENSES INCURRED BY HIM IN HIS DEFENSE OF A CHARGE BROUGHT AGAINST HIM ARISING OUT OF THE PERFORMANCE OF HIS OFFICIAL DUTIES WHEREAS, an employee of the V~rg~n~a Beach Department of Hous~ng and Neighborhood Preservat~on was charged with a cr~minal offense for actions ar~s~ng out of the performance of h~s off~cial dut~es; WHEREAS, the charge was d~sm~ssed ~n the V~rg~n~a Beach General D~str~ct Court on July 1, 1998; WHEREAS, ~n h~s defense of sa~d charge, the employee ~ncurred legal fees and expenses of $470 and has requested the C~ty to reimburse h~m for such fees and expenses; WHEREAS, Code of V~rg~nia Sect~on 15.2-1521 prov~des that "[~]f any officer or employee of any local~ty ~s .. prosecuted on any crim~nal arising out comm~tted ~n the of any act charge d~scharge of h~s off~c~al dut~es, and no charges are brought, or the charge ~s subsequently d~smissed, OI upon tr~al he ~s found not gu~lty, the govern~ng body of local~ty may re~mburse the the officer or employee for reasonable legal fees and expenses ~ncurred by h~m ~n defense of the ... charge .. .n; and WHEREAS, the C~ty Attorney's Off~ce has determ~ned that the ~ncurred are by the employee legal fees and expenses reasonable. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds ln the amount of $470 are hereby transferred from the General Fund Reserve for Contlngencles to the FY 1998-99 Operatlng Budget of the Department of Houslng and Nelghborhood Preservatlon for the purpose of reimburslng an employee for legal fees and expenses lncurred by hlm ln hlS defense of a criminal charge brought agalnst hlm arlslng out of the performance of hlS offlclal dutles. Adopted by the Councll of the Clty of Vlrglnla Beach, Vlrglnla, on the .-!.!- day of August , 1998 CA- 7104 ORDIN\NONCODE\FEES.ORD R-l PREPARED: 8/3/98 APPROVED AS TO CONTENT Walii.... C. f:. yo. ..~. l::r~ L, LUI Management Servlces APPROVED AS TO LEGAL SUFFIC7~ Department of Law 2 - 21- Item IV-I.5. ORDINANCES ITEM # 43922 Upon motion by VIce Mayor Sessoms, seconded by Councdman Branch, CII): Councd ADOPTED: Ordinance to authorize acquisition of property Infee slmplefor right-of way for Kempsville RoadlProvidence Road mtersectlOn Improvements (CIP 2-279) and acqUlslllon of temporary and permanent easements, ellher by agreement or condemnatIOn (DISTRICT 1 - CENTERVlLLE and DlSTRfCT 2 - KEMPSVILLE) Voting /1-0 (By Consent) CouncIl Members Voting Aye Linwood 0 Branch, /11, Margaret L Eure, William W Hamson, Jr. Harold Helschober, Barbara M Henley, LoUIs R Jones, Reba S McClanan.MayorMeyeraE Oberndorf. NancvK Parker. VIce Mayor WIllIam D Sessoms, Jr and A .'.{ "Don" Weeks Counczl Members Voting Nay None Counczl Members Absent None August Jl, 1998 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 1 2 3 4 5 6 7 8 AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR KEMPSVILLE ROADIPROVIDENCE ROAD INTERSECTION IMPROVEMENTS (CIP 2-279) AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION WHEREAS, m the opmlOn of the CouncIl of the City ofVlTglilla Beach, VlTglilla, 9 a publIc necessity eXIsts for the constructIon of thIs Iffiportant roadway project and mtersectIon Improvements to proVIde transportation and for other public purposes for the preservation of the safety, health, peace, good order, coßÚort, converuence, and for the welfare of the people m the City ofVlTglilla Beach NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: SectIon 1 That the CIty CouncIl authonzes the acqUISItIon by purchase or condemnatIOn pursuant to SectIons 15 2-1901, ~, Code of VITg¡rua of 1950, as amended, of all that certain real property m fee simple, mcludmg temporary and permanent easements and nght-of-way (collectively the "Property") as shown on the plans entitled "KEMPSVILLE ROAD/PROVIDENCE ROAD INTERSECTION IMPROVEMENTS, CIP 2-279" (the "ProJect"), and more specIfically descnbed on the acqUISItIon plats for the Project (collectIvely the "Plans"), the Plans being on file m the Engmeenng DIvisIOn, Department ofPubhc Works, City of VlTg lID a Beach, VlTglilla Secnon 2 That the City Manager IS hereby authorIZed to make or cause to be made on behalf of the City ofVlTglilla Beach, to the extent that funds are available, a reasonable offer to the owners or persons havmg an mterest m the Property If refused, the CIty Attorney is hereby authorIZed to mstltute proceedIngs to condemn the Property Adopted by the Council of the City ofVlrglrua Beach, VIrginIa, on the ~ day of August , ]998 APPROVED AS TO CONTENTS «,IIJ" r ~I!<"íj, ,:.Ii SIGNATfREr' f¡;/'/i( Irrfrl.k' frtii/ ('-~ DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM '1f'LA'¡"'ld'~ CITY ATIORNEY I I I I - . , . 0- I~ -\ 0./' '< '-' '/ ; ...j---- ---- -::::J / ,I ~ ---- ---- ( !' --- ---- - ---- I ~~LOCATION MAP FOR I KEMPSVILLE RD. /PROVIDENCE RD. INTERSECTION IMPROVEMENTS 1/ c SCALE: 1" = 1001 PREPARED BY PM' ENG. DRAFT. 15-MAY-1998 Item IV-I.6. ORDINANCES - 22- ITEM # 43923 Upon motIOn by Vice Mayor Sessoms, seconded by Councilman Branch, Clly Council ADOPTED: Ordinance to authorize a temporary encroachment mto a portIOn of the CIty's 25' drainage easement by EDWARD 4. and PHYLLIS K. CHITTENDEN to maintain all emtlng bulkhead and pilings and to Install and maintain a proposed boatlifi wllh associated pilings at 2132 Admiral Drive West (DISTRICT 5 - LtNNHAVEN) Thefollowlng condllIOns shall be requIred The temporary encroachment shall be constructed and maintained In accordance wllh the laws of the Commonwealth of Vlrglflla and the Clly of Virginia Beach and In accordance wllh the Clly of Virginia Beach Pub!tc Works Department's specifìwtlOns and approval a' to Size, allgnmelll and locatIOn 2 The temporary ellcroachment ,hall terminate upon nollce by the Clly of Virginia Beach to the app!tcant and, wllhln thmr (30) days after such notIce IS given. such lemporal} encroachment shall be removed from the Car's 25-foot drainage easement by the appllca/ll and the applicant shall bear all costs and expenses of such removal 3 The applIcant shall Indemmfr and hold harmless the City of Virginia Beach, II' agents and employees from and against all claims, damages, losses and expenses, including reasollable al/orney's fees In case 1/ shall be necessary to file or defend an aCllon arISIng out of the locatIOn 01 exl,tence of such temporary encroachment 4 Nothing herein contamed shall be construed to enlarge such permISSIOn and authority to permit the mamtenance or constructIOn of any encroachment other than that specified herein and to the lI/llIted exlent specified herem, nor to permit the maintenance and constructIOn of any encroachmelll by anyone other thallthe applicant 5 nle app!tcant agrees to maintain the temporary encroachment so as not 10 become ullslghtly or a hazard 6 The applicant must obtam {/ permll from the Planning DepartmentlDevelopmelll ServIce, Center prIOr 10 commencing any comtrucllOlI 7 Any above-ground temporary encroachmenB shall conform 10 the mml1I1"'11 setbacks requlremellts, as eltab!tshed by the Planning Depaltment/Zonlng Ellforcemellt OJJìce 8 The app!tcant shall submafor review and approval a survey of the area being encroached upon, cerllfied by a leglSlered professIOnal engineer or a cerllfied !tcemed land surveyor and/or "as blllll" plam of the temporary encroachment, sealed by a regIstered professIOnal engineer, of the temporarv encroachment, Ifreqlllred by ellherthe Oty Engmeer's OJficeor the Planning Departmellt/Development Sen'ues Center August II, 1998 Item IV-l6. ORDINANCES Voting - 23- ITEM # 43923 (Continued) 9 The City, upon revocatIOn of such authority and permiSSIOn so gran/ed, may remove any ,uch temporary encroachment and charge the cost thereof to the apphcant and collect the cost III anI' manner provided b; law for the col/ecllon of local or state taxes, may reqUIre the apphca/ll 10 remove such temporary encroachment, and, if such removal shall not be made wltl"n the tune ordered herelllabove by this Agreement. the Cltv shall Impose a penalty In the sum of One Hundred Dollars ($100 00) per day for each and every day that such tempomr)! encroachment IS allov.ed to commue thereafter, and ,hall called such compensatIOn and penalfles III any mallller provided by law for the colleCllon of local or 'tate taxes 11-0 (By Consent) Council Members Voting Aye Linwood 0 Branch, Ill. Margaret L Eure, Wilham W Hamson, Jr. Harold Helschober, Barbara M Henley, LoUIs R Jones, Reba S McCianan. Mayor Meyera E Oberndorf. Nancy K Parker, Vice I,faror W,lliam D Sessoms, Jr and A M "0011" Weeks Council Members Votmg Nay None CouncIl Members Absent None August 11, /998 ] , L _é 1, 16 ~7 ~f 19 =r: / / / 23 .-'~ y 26 - 23 ¿y ,~ Requested by Department of PublIc Works ,- AN ORDINANCE TO AUTHORlZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY'S 25' DRAINAGE EASEMENT LOCA TED WITIßN THA r PROPERTY K \lOWN AS 2132 ADMIRAL DRIVE WEST BY EDWARD A CHITTENDtN AND PHYLLIS K CHITTENDEN. THEIR HEIRS- ASSIGNS AND SUCCESSORS IN TITLE ¡; 'J WHEREAS, EDWARD A CHITTENDEN and PHYLLIS K CHITTENDEN, desm;: to mamtaln an exIsting bulkhead and pIlings and to Install and malntam a proposed boat lift with asSOCiated pllmgs Into the Clty\ 25' dramage ea~ement \VhlCh crosses the rear portion of theIr property located at 2132 AdmIral Dnve West, VirgInia Beach- Virginia 23451 (GPIN 1590-60-6089) WHEREAS, City Council IS authorIzed pursuant to ~~ 152-2009 and 152-2107- Code of VIrgInia, 1950, as amended, to authorIze a temporary encroachments upon the CIty's easements ~ubJect to such terms and conditIOns as Council may prescrIbe NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH- VIRGINIA That pursuant to the authorIty and to the extent thereof con tamed In §§ 15 2- 2009 and 15 2-2107, Code of Vlrglnla- 1950. as amended EDWARD A CHITTENDEN and PHYLLIS K CHITTENDEN, their heirs, assigns and successors In title are authorIzed to malntam a temporary encroachment for an ex¡stmg bulkhead and pilIngs and to Install and maintaIn a temporary encroachment tor a proposed boat lift \Vlth associated pilIngs Into the City's 25' draInage easement as shown on the map entItled "PHYSICAL SURVEY OF LOT 112. AMENDED SUBDIVISION OF CAPE HENRY SHORES, SECTION TWO LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA FOR EDWARD A CHITTENDEN AND PHYLLIS K CHITTENDEN SCALE 1" = 30' DATI: MAY 29, < 32 33 3J 3~ 36 3: :3~ y:. 4 '; ~l c <:3 4é 45 46 1984 LEE S ROOD. PC LAND SURVEYOR" a copy of which IS on file In the Department of Pubhc Works and to which reference IS made for a more partIcular description. and BE IT FURTHER ORDAINED, that the temporary encroachments arc expressly subJect to those terms. condmons and CrIterIa contaIned 10 the Agreement between the City of VIrginia Beach and EDWARD A CHITTENDEN and PHYLLIS K CHITTENDEN (the "Agreement") which IS attached hereto and IOcorporated by reference. and BE IT FURTHER ORDAINED that the CIty Manager or his authorIzed designee IS hereby authorized to execute the Agreement BE IT FURTHER ORDAINED, that this OrdInance shalt not be 10 effect untIl such time as EDWARD A CHITTENDEN and PHYLLIS K CHITTENDEN and the City Manager or hIs authorIzed designee execute the Agreement Adopted by the CouncIl of the City of VIrgInia Beach. Virginia. on the -11- day of August - 1998 C-\- 7Þ'lt.. PREP-\RE:D on498 - C:\MONICA\R.E.\CAHOON 96-7--401 PREPARED BY p..w ENG. DRAfT. 11-1111_1QQR -- ----- -0 ~ i~ THI. "'TO CUTin THAT I ON ,17/?y ¿9. /r;J,fJtj. .UIIYIYID THI PROPtRTY .HOWN ON THI. PLAT, THAT THt TITLa Lrfta. AND TNI WALL. 01' THa .UILDINO. AliI: .HOWH ON THI. ~L'" THI 8UILDINO. ."AND STRICTLY WVITHIN T..I: TITLI: LINt. AND THIRI AflE NO ENCROACHM&NT. 01' OTH&R 8UILDINO. ON "HI: PROPIRTY EXC&Pt> A. .HOWN 810NIO I ."": M~'" IMJIIW IfPtØfll A~AM ro 'ALL "'51« 101ft: :,..- At SHO"" CIH 'CJ(N"rWlllr ",. H.U 0 'lOOO HAtA/fO .A" '0" rÆ c:"r 0' ""'/JIM' BrACH, WlGINIA CC7II/llCAWTr 1fØ./J18/J'" 8 MNfL "0. H8,-ørt ~- , '10 . ØArI:O:OCfOBI:/t."".. ~5nr;rQ:J' (I.: MJ.n£"¿4f!:«.:sr°Æ'~AttVA'M ~ 41."., '¿;#~).JVP \ ~..;I c.I1Nql-~ . ~~~.~zo!1t ""'0' ~ EQ!; Y.??~ BH.:séÞ .. hV M6.H'AI"P¿P. Cof' ..4' , L/R/R/E .P6S-r ..P#.Y.:s/C Ñ'¿ .:3(/ ÆJ/éY 0 ~. ' ¿aT //2 J NA1EAlPÆ:Ð StØLJ/J/ß/ð/V OF CA:1P¿ /i"E/y£j/ .sll~ $ÆC!l1¿;/Vr,ø'¿J LYNN#..9YG# 8~O&#' - ø~4#'~ .&:'~J1'R6/.#¿t;1 ¡r:: ~ "q, C#/T7E# ~N ):", C/-!/TT6/ÝPÆ# ROA?/RH'L t é Þ¡¿¡fi'ED r Phi Y¿¿ /.:5 S:cJN¿¡;: /"£.5'0 ' A-?/i' Y...? 9., ..A?¿9^" LBB S. ROOD, ..0. R~""~4'. ¿~~. 2" e:"årK:S I'CI:::~~tCtA ðr1!'d,- . ~~"'/:V;, ..B.#f:V1 ,~.ø~ I ~..r' Æh'" ~4~e.ý &Hll3lï '~ II ~B"¿:/¿ ~~3 . " í r -,v;,17SI/~ ,;:~.. .. "'~ """""IL-:r"",.,.t~~ .,.. '. ~ ":~~w.. 'I .¿tP¿""r~iZ':. ~~.... ",!,..:fJö.:'_. L." -":a";:~J~ .ir'.;øv: :;'.";U'.- -. .. ", . "'-,~ - .~.~ ~~¡;p-~~,.,,';':';' ..w~VF>, ~N"~:"~"> ;.....A "".:!'.~.).I;¡.. '\. #A'y 2~ ~'}l :L.~~!.:':f':;::, ) '-,' ... - ";"~"'Ie'-,1 """'-] , 1"-< -"--- -"'~..ïi.' . , ~.:;~':~.... -J;;~'î'~:' , '...:" ':'\. "-~"f"JiI~" ;. -. ':~-~: <:~~~~~~ .-" .... - . - - .-----:- Lð7' 'it:) ¡t~s~:r AW'72:'~ -, ~'. '" . '; -, ,-, . ... .. --~~ - ~ . .. /' 1itt' : . . '. :cr 'II It.rIN-TI!If. F. JUS'A"" "'" . ¿"'-" -' II J. ~~~ .--.....-.- 14 - u I' :¡ I: I PREPARED BY VIRGINIA BEACH CITY AITORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58 1-81 I (a)(J) AND 58 1-81 1 (c)(4) REIMBURSEMENT AUTIlORlZED UNDER SECTION 25-249 TIllS AGREEMENT, made thIs ~ day of , 19-2./L, by July and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party of the first part, and EDWARD A CHITTENDEN and PHYLLIS K CHITTENDEN, husband and WIfe, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantees. parties of the second part WITNESSETH That, WHEREAS, the parties of the second part are the owners of that certam lot, tract, or parcel of land desIgnated and descnbed as "Lot 112, Amended SUbdIvIsIon of cape Henry Shores, Section Two" and being further designated and descnbed as "2132 Admiral Dnve West, Virginia Beach, VirgInia 23451 . GPlN 1590-60-6089" and That, WHEREAS, It IS proposed by the partIes of the second part to mamtam an exIstIng bulkhead and pIlIngs and to construct and mamtam a proposed boathft and pllmgs m the CIty ofVlrglma Beach, and WHEREAS, m mamtamlng such exIsting bulkhead and pllmgs and In constructmg and mamtammg such proposed boathft and pIlIngs, It IS necessary that the saId GPIN 1590-60-6089 parties of the second part encroach Into a portIOn of an existing 25' City drainage easement, and saId parties of the second part have requested that the party of the first part grant a temporary encroachment to facIlItate such existing bulkhead and pIlIngs and proposed boatlIft and pilIngs wIthIn a portIOn of the CIty'S 25' draInage easement NOW, THEREFORE, for and m conSideration of the premIses and of the benefits accrumg or to accrue to the parties of the second part and for the further consIderatIon of One Dollar ($100), In hand paid, to the saId party of the first part, receipt of wh Ich IS hereby acknowledged, the party of the first part doth grant to the parties of the second part a temporary encroachment to use a portIOn of the CIty'S 25' draInage easement for the purpose of maIntaInIng such existIng bulkhead and pIlIngs and to construct and maintaIn such proposed boatlIft and pIlIngs It IS expressly understood and agreed that such temporary encroachment will be constructed and mamtaIned In accordance \\1th the laws of the Commonwealth ofVlrgmla and the CIty of VIrgInIa Beach, and m accordance WIth the CIty of Vlrgmm Beach PublIc Wor!..s Department's specifications and approval as to Size, alignment and location and IS more partIcularly descrIbed as follows, to WIt An area of temporary encroachment mto a portIOn of the CIty'S 25' drainage easement as shown on that certam plat entitled "PHYSICAL SURVEY OF LOT 112, AMENDED SUBDIVISION OF CAPE HENRY SHORES, SECTION TWO L YNNHA YEN BOROUGH - VIRGINIA BEACH, VIRGINIA FOR EDWARD A CHITTENDEN AND PHYLLIS K CHITTENDEN SCALE In = 30' DATE MAY 29, 1984 LEE S ROOD, PC 2 LAND SURVEYOR" a copy of which IS attached hereto as E\hlblt "A" and on an enlargement thereof attached hereto as EJilllbIt "B" to which reference IS made for a more partIcular descrIptIOn It IS further expressly understood and agreed that the temporary encroachment herem authorized shall terminate upon notIce by the City ofVlrglma Beach to the partIes of the second part, and that wIthin thirty (30) days after such notice IS given, such temporary encroachment shall be removed from the City'S 25' dramage easement by the partIes of the second part, and that the parties of the second part shall bear all costs and expenses of such removal It IS further expressly understood and agreed that the partIes of the second part shall indemnifY and hold harmless the City ofYlrglnla Beach, ItS agents and employees. from and agamst all claIms, damages. losses and expenses Includmg reasonable attomeyls fees m case It shall be necessary to file or defend an action ansmg out of the locatIon or existence of such temporary encroachment It IS further expressly understood and agreed that nothing herem contained shall be construed to enlarge such permIssion and authorIty to permit the mamtenance or constructIon of any encroachment other than that specIfied herem and to the limited extent specIfied herem, nor to permIt the mamtenance and constructIon of any encroachment by anyone other than the partIes of the second part It IS further expressly understood and agreed that the parties of the second part agree to mamtam saId temporary encroachment so as not to become unsightly or a hazard 3 It IS further expressly understood and agreed that the parties of the second part must obtaIn a penn It from the PlannIng Department/Development ServIces Center pnor to commencIng any constructIOn It IS further expressly understood and agreed that any above ground temporary encroachments shall conform to the mInImum setbacks requIrements, as established by the PlannIng Department/Zomng Enforcement Office It IS further expressly understood and agreed that the partIes of the second part shall submit for review and approval, a survey of the area beIng encroached upon, certified by a regIstered professIOnal engmeer or a licensed land surveyor, and/or "as bUIlt" plans of the temporary encroachment sealed by a registered professIOnal engineer, If reqUIred by either the City Engmeer's Office or the Plannmg Department/Development ServIces Center It IS further expressly understood and agreed that the party of the first part, upon revocation of such authonty and permISSIon so granted, may remove any such temporary encroachment and charge the cost thereof to the party of the second part, and collect the cost In any manner provIded by law for the collectIOn of local or state taxes, may requIre the parties of the second part to remove such temporary encroachment, and If such removal shall not be made withIn the lIme ordered heremabove by this Agreement, the CIty shall Impose a penalty In the sum of One Hundred Dollars ($10000) per day for each and every day that such temporary encroachment IS allowed to contmue thereafter, and shall collect such 4 compensatIOn and penalties In any manner provided by law for the collection of Jocal or state ta),.es IN WlTNESS WHEREOF, EDWARD A CHITTENDEN and PHYLLIS K CHITTENDEN, the saId parties of the second pan have caused thiS Agreement to be executed by their signatures and seals duly affixed Further, that the CIty ofVlrgmla Beach has caused this Agreement to be executed m ItS name and on Its behalf by ItS CIty Manager and Its seal be hereunto affixed and attested by ItS City Clerk CITY OF VIRGINIA BEACH By City Manager/AuthorIzed DesIgnee of the CIty Manager (SEAL) ATTEST CIty Clerk ~ML AI .&{~EAL) EDWARD A CHITTENDEN ~;%; ¿~AL) P LIS K CHITTENDEN 5 ST A TE OF VlRGINlA CITY OF VlRGINIA BEACH, to-W1t The foregomg mstrument was acknowledged before me thiS - day of , 19_,by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER Notary Public My CommIssIon ExpIres ST ATE OF VlRGINlA CITY OF VIRGINIA BEACH, to-WIt The foregomg mstrument was acknowledged before me thIs - day of , 19_, by RlITH HODGES SMITH, City Clerk for the CITY OF VlRGINIA BEACH Notary Public My Commission Expires 6 I STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-Wit :: lo ,ð, :orego,~g, ~T:: ::::d;:::; fu~d ~:::' I' CHlTfE~ () it-- . ~~cJ Q. :JL.Þ- Notary PublIc MyCommlsSlOnExplres ~~ ~l( ;),:;:,,~:::J APPROVED AS TO FORM ACCEPTED ON BEHALF OF THE CITY OF VIRGINIA BEACH C~ill~~~:~,~c¡,~ HIS DESIGNEE-GR CITY REAL ESTATE AGENT 7 V TtU8 18 TO eUIT'ln THAT I ON THI 'IIO'EIITY IHOWN ON THII 'LAT 8UILDINOI AilE IHOWN ON THI8 'LI< THI 8UILDINOI .TAND .TIIICTLT oYlTHIN TtilE TITLI LlNEI AND THIIIE AilE NO INCIIOACHMENTI 0" OTHIII 8UILDIN08 ON THI 'IIO'IIITY IXCI'T Aa aHOWN 810MID ' ,,"': tI4f ",""""ty ..,.., 1IPf(ll A""AIIS '0 ,.AU IIf'Of 101ft ;'.1- AS SHO"" (II (N"'Wlfr OP' H U 0 I'LOOO HAtAIIO .A' '0" ,.. clfr 0' VOIM" MACH, VIRGil/I" COIIfIlUMTr IIJO, 81S8", . . ,..Nll NO H81-orr 1.- 2^^' flO DAttØ:OCrøIE" 1,"18 .-~c::t:I'"..'. . hØTc!"'¿,eI-t:«.sr'~~Aill:l.l~,H; ~~~ 4/,Ú .ðð~.J".:vp ,<;'-'-tIlNfU.. ~ ~~~#.&t!f.~;!'O ~q' roo..,? Gt!:.6Y-?'?~.8ñ'~ , - :-.---: £w "vÓ..H A, ",P<?P. Co" d' 0 }! ~ ~~ ~ ~~~ .. ~,~! ~ ~\ ~~ ~' ~ , ~ ~t ~ ~ ~~ . .,-r - -- L !';~ê :°ðS ~'"-~ 3'"ß1;1 UI~as: ~ ~ ë ' z!l..ð 2 a ,. Q "z<S ¡S~~;r: i3a~i a:i:J¡¡: 1>@§1!s ~i!5 "",a:w ~~~~ zi~ , , ,7 ,1?/?y' ¿~ /r?¿?t? IU"VUIO THAT THI TITLI LrNIl AND THI WALLI 0,. THE /II. -I ~ ~ " ... ~ \~ ~ RL/Æ'/RnL P'6Sí £)R/Þ"E P#.Y-S/CQ¿ .st/ÆYéY aF , ¿ðT //2 ~ NA1EAlP£Ð .sæl)/)/LS/ð/l/ OF C~p¿ #E/Y,.ey -S:II~ ..%C!17¿;/VTØ¿J LYNNH/lYé# .8~òV~# -.,.Ø',$'w/,;.t;1' ~Æ:W;ØR6/./V¿¡;r r()~ P. C#/T7E# ~N ,¡:: CH/TT6/'1ÞÆIV , é¡:;>/é/h7,eD r Ph" Y¿¿ /,:5 .s:c/;?¿,G.. /"..:..,5'0 . /HQ Y.2' S? N¿?4' LE E 8.. ROOD. .,0, . lAM s.-,a, R«""'"I?ß.~~~.Z' ,;/"r~:S ~Q"rQIA 'f"'.'HlA ~~'- , ø~.../;v;, .ß~~ .~J;y¡~/" A~/ A'it~ ~,...?~eq/ &H1131T '~'I ,e:".B¿/¿ ~~3 . ", f~ (- . ,C,V/,.' ~~t:Je!.~~ /¿Af"T':;z<. ~..v..~.{¡,¡1: . 4:"~E ~~ ~Jí~i ~AV¡þ¿:"P ~ "@- ~ ..R/~VFY ~ N"~" ,?~;"?;"~ #A'y 2"'~'p& ". ". "\V~~.... ~ :....; , ,\;~~~:: "_:;':~~,:~, . ,':' ..... ::...~lr4i;~ -" ,"," . J. "'1L~ 0' :~;;;'!£~". ". ::' ::?r; - " --'-----:- - \ -. .. Lcr 9ð ;e~~T" ¡41797r"¡¿ '.~~, "- ,. . , - ". " J --k,.,þ "::::. ~ .- -" ". ¿ 1i;; I . =;:120 ~ ~. t::ã.v0tFn:- ~ ~"""'..v IN ~49r ~ ~ .oW;'" ~ ~â>( ,'_J, ~ ~ F-VJ'7J; AØ4./ ..IÑI~ \ì ¡j~~ ~ ~,~ ¿or . ~ t\ /11 ~~ ,,';N.~ Eo ~ ~=_~'_h- '1.'... "11 "'. .' t:'ttf,... . . . . . '. : ' '.:' . . . '. . . ¿ðr/ ... II~ F~ .ðW~ EX H J 81 T "8" - 24- Item IV-I. 7. ORDINANCES ITEM # 43924 Upon motIOn by VIce Mayor Sessom" seconded by Councliman Blanch, Cay Councli ADOPTED: License Refunds - $14,550.76 Volmg 11-0 (By Consent) Coullcli Members VotIng Aye Linwood 0 Branch, Ill, Margaret L Eure, itli/¡am W Harrison, Jr, Harold Helschober, Barbara M Henley, LoUIs R Jones, Reba S McCianan, Mayor Meyera E Obellldorf. NancyK Parker, VlceMayor Wli/¡am D Sessoms, JI and A II "Don" Week.' Councli Members VotIng Nay None Councli Members Absent None August II, 1998 ""'"""" "",.... - AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applicatIOns for license refunds, upon certification of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID AFFORDABLE PAGING INC 1995-1997 AUDIT 3600 000 36 00 AZALEA SALES INC 1997-1998 AUDIT 5,90553 11581 6,021 34 BLANCE, ROBERT 1996-1997 AUDIT 5000 000 5000 CD C ENTERPRISES INC 1995-1998 AUDIT 7017 (089) 6928 CARVER, MARY CARY 1996-1998 AUDIT 1,044 38 000 1,04438 COFFMAN, RONALD G 1996-1998 AUDIT 1000 022 1022 DRAGAS MORTGAGE CO INC 1996-1998 AUDIT 3168 (382) 2786 DUNHAM, THOMAS P 1997-1998 AUDIT 5800 130 5930 EDUCATIONAL RESOURCES IN 1996 AUDIT 1320 000 1320 EVENT MERCHANDISING INC 1996-1998 AUDIT 1,35701 000 1,35701 FAJUTRAO, SUZETTE B 1995-1998 AUDIT 3000 000 3000 IMO INDUSTRIES INC 1996-1998 AUDIT 23620 000 23620 MOMS INC 1995-1996 AUDIT 1,54179 32571 1,86750 MORRISON INC 1997-1998 AUDIT 2,039 04 5096 2,090 00 PACE CONSTRUCTION & DEVE 1996-1998 AUDIT 5646 835 6481 PARRISH, CRISTIANE 1996-1998 AUDIT 2032 332 2364 SMITH & WILLIAMS FUNERAL H 1996 AUDIT 67590 14026 81616 SOUND STRUCTURES OF VA IN 1996-1997 AUDIT 67005 6381 733 86 ï;;~¿ Philip J Kellam Commissioner of the Revenue Approved as to form ~'q~ Les I L Lilley City Attorney This ordinance shall be effectIve from date of adoption The above abatement(s) to $14,55076 11 were approved by the Council of the Augus t 98 day of ,19 City of Virginia Beach on the Ruth Hodges Smllh City Clerk - 25- Item IV-J.I. RESOLUTIONS ITEM # 43925 Upon motlO/I by VIce Mayor Sessoms, seconded by Council Lady Parker, Clly Council ADOPTED: ResolutIOns re Issuance of Muill-Famlly Housing REFUNDING REVENUE BONDS by lite Virginia Beach Development Authority: North Beach Apartments, 1nc Not to exceed $ 4,265,000 flkJa Terry Peterson Development CorporallOll Pembroke Crossing Apartments, L L C Not to exceed $ 2,378,000 Summer Stallon Apartments, L L C Nolto exceed $ 3.105,000 Voting 10-0 Council Members Voting Aye Linwood 0 Bra/lch, 111, Margaret L Eure, Harold He/schober, Barbara M Henlev, LoUIs R Jones, Reba S McClanan, Mayor Meyera E Oberndorf. Nancy K Parker, Vice Mayor Wilham D Sessoms, Jr a/ld A M "Don" Weeks Council Members Voting Nay None Council Members Abstaining Wilham W HarrIson, Jr. Council Members Absent None Counc¡/man Harrzson ABSTAINED as his law firm represe/lts the apphcants August 11, /998 RESOLUTION APPROVING THE ISSUANCE Of REFUNDING REVENUE BONDS (North Beach Apartments, Inc. Project) WHEREAS, the CIty ofVugm13 Beach Development AuthorIty (the "AuthorIty") has consIdered the application of North Beach Apartments, Inc , a VIrgInIa corporatIon (formerly TerrylPeterson Development Corporation, a VIrginIa corporation) (the "Borrower"), to the Suffolk Redevelopment and Housmg Authority (the "Issuer") for the Issuance of the Issuer's refunding revenue bonds In an amount not to exceed $4,265.000 (the "Bonds"), for the purpose of refunding the Issuer's $4,970,000 VarIable Rate MultI-Family Rental HoUSIng Refunding Revenue Bonds (T errylPeterson Development Corporation ProJect), Series 1992 (the" 1992 Bonds"), the proceeds of which were used to refund the Issuer's (a) $3.090,000 Multi-FamIly HoUSIng Revenue Bonds] 985 Series A (TerrylPeterson Development Corporation ProJect) (the "198SA Bonds"), the proceeds of whIch were used to finance the acqUISItion, constructIon and eqUlppmg of a 96-umt multi-family apartment proJect on certam property located at the mterseclion of Shore Drive and Nortbampton Boulevard In VIrginIa Beach, VlrgIn13 (the "Property"), and (b) $2,300,000 MultI-FamIly HoUSIng Revenue Bonds 1985 Senes B (TerrylPeterson Development CorporatIOn ProJect) (the" 1985B Bonds"), the proceeds of whIch were used to finance the acqUIsItIon, constructIon and eqUIppIng of an addItIOnal 72-umt rental apartment proJect on the Property (hereInafter collectIvely referred to as the "Project"), at least twenty percent (20%) of whIch IS for occupancy by IndIvIduals of10w or moderate Income, and has held a public hearmg thereon on July 21, 1998, and I l'3028 I WHEREAS, the Authonty has requested the City Council (the "Council") ofVlrglma Beach, VIrgInIa (the "cIty") to approve the refundmg of the \992 Bonds and Issuance of the Bonds by the Issuer to comply with SectIOn 147(1)(2) of the Internal Revenue Code of] 986, as amended, and proposed final Treasury regulations Issued thereunder, and WHEREAS, a copy of the Issuer's resolution approvIng the Issuance of the Bonds, and a copy of the Aulhonty's resolution recommendIng approval of the Bonds by the Council, subject to terms to be agreed upon, and a record of Ihe public hearings held thereon has been filed with the Clerk of the CouncIl, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA The Council of the City of VirginIa Beach, Virginia, approves the refundIng of the ] 992 Bonds and further approves the Issuance of the Bonds by the Issuer for the benefit of the Borrower, to the extent of and as requIred by SectIOn 147(1)(2) ofthe Internal Revenue Code, to permit the Issuer to refund the 1992 Bonds 2 The approval of the Issuance of the Bonds, as reqUIred by Section 147(t)(2) of the Internal Revenue Code, does not constitute an endorsement of the Bonds or the creditworthiness of the Borrower, and the Bonds shall provide that neIther the City, the CIty of Suffolk, the Authonty nor the Issuer shall be oblIgated to pay the Bonds or the mterest thereon or other costs Incident thereto except from the revenues and moneys pledged therefor, and neIther the faIth or credit nor the taxmg power of the Commonwealth, the City, the CIty of Suffolk, the Authonty or the Issuer shall be pledged thereto 3 This ResolutIOn shall take effect Immediately upon ItS adoptIOn I 173028 I 2 Adopted by the CouncIl of the City of Vlrgmla Beach, VirginIa on August II, 1998 I certIfy the foregoing to be a true and correct copy of a resolutIOn adopted by the CIty Council of the CIty of VIrginIa Beach, VIrginIa, at a regular meetmg held on August]], 1998 Dated August_, ]998 Clerk, CIty CouncIl of the CIty ofVlrgima Beach APPROVED AS TO LEGAL SU!=-FIC!r:¡ :Cy ~,(.~ .,~... 1.173028 I 3 " ~ '" ~ <> <:> ... '" ... --:pc-A- ì . II I II /, ¡' I: , II . ! 0 TES L CONTROL' NATIONAL OCEAN SURVEY,OOO'.MSL (ADD ONE FOOT TO ALL ELEVATIONS ON SITE PLAN TO BE ON NATIONAL OCEAN SURVEY OA TUM ) 'ARK, RAILROAD SPIKE IN TREE 1 SOUTH SIDE OF WITCH DUCK RD ELEV"2740, fER AND WATER TAPS TO BE INSTALLED BY DEVELOPER ..í , SITE.5158 ACRES ." 177 SPACES A-2 VtTAR'r" SEWER FLOW. 67 G PM OF UNITS. 92 . IMITATION FOR THIS IS 35' , L OING INSPECTION DIVISION WILL INSPECT THE CONSTRUCTION 'ROPOSED FACILITIES AND THE DEVELOPER WILL HAVE CONSTRUCTED 'OS£O FACILITIES. \1 " \! ,: j , I TF<; VIRGINIA BEA.CH DLvclopmcnl Aulhnrlly One Columbus Cemer, Suite 300 Vlrgm'd BedLh, V.\ 23462 \ 757, 4~7 6464 FAX (7\7) ~Q9-9894 F Dudley Fulton, ChaIT ~lephen W Burke, '"c-ChaIT W Bramley Basnight III, Se""al'\' Dd"dA Kmg,]r ,\m"anlSùr"ayv Kenneth D BarefouI, 7 reasura H/Jbe,h.\ "Be"'" Duke Keoneth F !'Jlmer July21,1998 The Honorable Meyera E Obemdorf, Mayor Members of CIty CouncIl Mußlclpal Center VirginIa Beach, VA 23456 Re North Beach Apartments, Inc , Project Refundmg Revenue Bonds Dear Mayor Obemdorf and Members of City Council We submIt the followmg m connectIOn wIth a proJect for North Beach Apartments, Inc ProJect located at Shore Dnve and Northampton Boulevard m VlTgmla Beach, VlTgmla (I) Evidence of publIcatIOn of the notice of heanng IS attached as Exhibit A , and a summary of the statements made at the public heanng IS attached as Exhibit B The CIty of Vlrgmla Beach Development Authonty's (the "Authonty") resolutIon recommendmg CouncIl's approval IS attached as Exhibit C (2) The DIsclosure Statement IS attached as Exhibit D , (3) The statement of the Authonty's reasons for ItS approval as a benefit for the City of Vlrgmla Beach and ItS recommendatIon that CIty CouncIl approve the modIficatIon of the bonds descnbed above IS attached as Exhibit E The Honorable Meyera E, Obemdorf, Mayor Members of CIty Council Page 2 (4) The FIscal Impact Statement IS attached as Exhibit F (5) Attached as Exhibit G IS a summary sheet setting forth the type of Issue, and IdentIfymg the ProJect and the pnnclpals (6) Attached as Exhibit H IS a letter from the appropnate City department commenting on the ProJect FDF/GLF/rab Enclosures 1 2 3 4 5 6 7 8 9 10 11 12 13 ]4 15 16 17 18 19 20 21 22 23 EXHIBIT A NOTICE OF PUBLIC HEARING ON PROPOSED REFlINDING REVENUE BOND FINANCING BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Notice IS hereby gIven that a public heaTIng wIll be held before the CIty ofVlrglma Beach Development Authorny (the 'Authority"), on the Issuance of nol to exceed $4,265,000 of the Suffolk Redevelopment and Housing A,uthoTlty's (the "Issuer") Ta>.-Exempt Adlustable Mode Multlfanllly Housing Revenue Relùndrng Bonds (North Beach Apartments, Inc ProJect) SeTles 1998 pursuant to a plan of financing and the approval of such bonds by the A,uthoTlty and by the City Council of Virginia Beach, Virginia (the "CouncIl") The bonds will be Issued under the authority of the VirginIa Housing Authorities Law (Chapter I, Title 36 of the Code of Vnglnla of 1950, as amended), for the purpose of refunding the Issuer's $4,970,000 VaTlable Rate Multi-FamIly Rental Housmg Refunding Revenue Bonds (Terry/Peterson Development CorporatIOn Prolect), SerIes 1992 (the "1992 Ronds"), the proceeds of which were used to refund the Issuer's (a) $3,090,000 Multi-famIly Housing Revenue Bonds 1985 SeTles A (Terry/Peterson Development Corporation ProJect) (the "I985A Bonds"), the proceeds of which were used to iinance the acqUIsitIOn, construction and eqUlppmg of a 96-umt multI-famIly apartment project on certam property located at the IntersectJon of Shore DTlve and Northampton Boulevard in VirginIa Beach, Virginia (the "Property"), and (b) $2,300,000 Multi-FamIly Housing Revenue Bonds 1985 Series B (Terry/Peterson Development CorporatIOn Project} (the "198513 Bonds"), the proceeds of which were used to finance the acqUIsItion, constructIOn and eqUIpping of an additIOnal 72-umt rental apartment project on the Property (hereinafter collectIvely referred to as 1-173022 JlGRF JlS 6124'93 EXHIBIT THE VIRGINIAN-PILOT NORFOLK, VIRGINIA AFFIDAVIT OF PUBLICATION A The Vngunan-Pllot ---------_u_--------______h-_-_---- -_u ---_U_'_U__h-----------_U_----- I I I I I I I I I I I I I I I I I ThlS day, D Johnson personally appeared before me! and after bewg duly sworn, made oath that I I I I I I I I I I I I I I I I I I I I I I I I I I I TOTAL COST 716 72 AD SPACE 124 LINE I FILED ON 07 /13/9B I ¿~;~î - ~~~~~~~ -- --t:~ -y~ttt-<~-\~----- --------- - -__<___h- - -------------------- Subscnbed and sworn \!o before me ln my city and state on t.he day and year aforesald th1S 1'1-(1-} day of L,i" I l' ./ Notary -i 1:1/1'-,,'" ,~u.r-(..J-- My comml SSlon expIres October 31, 2000 WILLCOX & SAVAGE, PC IBOO NATIONSBAI¡K CENTER NORFOLK, VA 23510 REFERENCE 00014732 72B60110 Guy R Fndd $3,090,000 State of VIrg1n1 a Clty of NorEolk 1\ She lS afhdavH clerk of The Vng1n1an-P1lot, a newspaper publ1shed by Landmark CommUnlc"Uons Inc , ln the ClUes of Norfolk, Portsmouth, Chesapeake, Suffolk, and V1rglnla Beach, State of Vng1nla 2) That the aclvert1sement hereto annexed has been publ1shed 1n sa1d newspaper on the d"te stated PUBLISHED ON 07/06 07/13 NO"'" Of ""Lle MIA"NO I ON PRO""'. IIVINUI ..,UN.ING ION. "HANCINO , OY .... tin 00 VIa.'NII llACK ."'ILO""'" I\lTMORITI I "¿::;'~I"V~'::::;> 8:~~~ 'g:;~t,~~1 h.."., w'" ,. ';,';~h~~'~ ':: ! ", "'"'.,, 01 001 10 """ . S"IIo" R_" , , ~C::,'~~d ...~1'~I~':"~~Z" E..m" AO .., ! Bo"," A,'nm,o" '"' p,...,,! "'ß",.lIoo .". 01 I 1,""",.".dlt"...,.."oI,",hbo"'D,'h'A"lh"'~"dD' , I" C'~ Co,,",,1 01 V,'I"" Boo" V,'I'"" "'" COO"", I T" , ",'ho" of '~~.,~. ",::::"1 : ',,"d,.,lh"""'" 1 ~:;:::'f.~o¡,~::,! oll",IoI'~ .0""""""""""""""""""""""" ' ."w, ood .0" "od w"It,. """."." 'ofo.. ...eh h""1 10 It,. ' """"',,~ <1o ,... 50<"'"" olin, Au"",,',/, On, Co1um'". C,.'" ' S"'" 3DO V"I'"" B"" v\1,'"" ".., 1h, 'dd"" ,.d ~~~J~ig:Æ~ .~~1:¡ I~' v:,~r",:'~~,:~~~:~' ,if.." DEVElOPMENT AUTHORITY . , VP J"" . 000 Jul, 13 199B EXHIBIT B CITY OF VIRGI1\JLA. BEACH DEVELOPMENT A.UTHORITY RECORD OF PURLIC HEARING (North Beach Apanmen\s, tnc ProJect) The ChaIrman of the ClIy ofVHgmla Reach Development Authority (the "Authonty") announced the commencement of a publIc hearing on the request ofNonh Beach A.partments, ¡nc ,a VHgmla corporat1on (formerly Terry/Peterson Development CorporatIOn, a Vtrglnla corporation) (the "Borrower"), and that a notIce of the hearing was publIshed once a week for two consecutIve weeks m a newspaper having general clrcula1lon In the City ofVlrglma Beach, Vlrgmla, the first pubilcalton being not less than fourteen (14) days prior to the hearing and the second publicalton bemg not more than twenty-one (21) days prior to the hearing The ChaIrman indIcated that a copy of the not1ce and a certl ficate of publicalton of such nOllce have been filed with the records of the City CouncIl of the City of Virginia Beach The following mdlvlduals appeared and addressed the Authority Mr Guy R Frlddell, III appeared on behalf of the Borrower Mr Frlddell gave a brief descrlpt10n of the Project (below defined) He explained that tlll5 was a refundmg of the Suffo'" Redevelopment and Housmg Authority's (the "Issuer") $4,970,000 Variable Rate Multi-FamIly Rental Housmg Refunding Revenue Bonds (Terry/Peterson Development CorporatIOn ProJect), Series 1992 (the "] 992 Bonds"), the proceeds of which were used to refund the Issuer's (a) $3,090,000 Mullt-Family Housmg Revenue Bonds 1985 Series A (Terry/Peterson Development CorporatIOn ProJect) (the "1985A Bonds"), the proceeds of which were used to finance the acquISItIon, constructIOn and eqUIpping of a 96-umt multi-family apartment proJect on certain property located at the mterseclton of Shore Drive and Northampton Boulevard m I 173954 I Virginia Beach, Virginia (the "Property"), and (b) $2,300.000 Multi-Family Housing Revenue Bonds 1985 Series B (Terry/Peterson Development cOrpOrdtIon ProJect) (the "] 9858 Bonds"), the proceeds of whIch were used to finance the acquISItIOn, constructIOn and eqUIpping of an additIonal 72-unlt rental apartment proJect on the Property (hereinafter collectIvely referred to a; the "ProJect") He related that the Project wa, completed In 1986 and publIc approval was given pnor to the Issuance of the onglnal bond financing In ¡ 985 fhe approval IS being renewed at thIs lime as technically reqUIred by the Internal Revenue Code because the weIghted average life of the bonds IS beIng extended The ongmal benefits of thIs Project - the provIsIon of safe, attractIve and sanitary housIng for low to moderate mcome famIlIes wnhm the CIty ofVaglnla Beach - wIll contInue under the relìnancmg The refinancmg will preserve and extend the restnctlOns placed upon the property when the mIlia! bond financIng was entered II1to m 1985. thereby assunng the CIty of V agmla Beach that the benelits of the Income restnctlOns applicable to these apartments will continue He closed hIs remarks by estllnatlng an Issuance date for the Bonds of August 15, 1998 No other persons appeared to address the Authority, and the ChaIrman closed the public heanng The Authority hereby recommends that the CIty CouncIl of the CIty ofVlrgmla Beach, Virginia approve the Issuance of the proposed financing and hereby transn1Jts the FIscal Impact Statement to the City CouncIl of the City ofVlrgima Beach and asks that thIs recommendation be receIved at ItS next regular or specIal meeting at which thIs matter can be properly placed on the Council's agenda for hearing 1-173954 I EJIIHI8IT C RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (North Beach Apartments, Inc. Project) WHEREAS, there has been presented to the Suffolk Redevelopment and Housmg Authority (the "Issuer") by and on behalf of North Beach Apartments, lnc, a Vlrgmla corporatIOn (formerly Terry/Peterson Development corporal1on, a Virginia corporatIOn) (the "Borrower"), Its plans to refinance the Issuer's $4,970,000 Variable Rate Multi-Family Rental Housmg RefundIng Revenue Bonds (Terry/Peterson Development corporal1on ProJect), Series 1992 (the "1992 Bonds"), Ihe proceeds of whld] were used to refund the Issuer's (a) $3,090,000 Mull1-Famlly Housing Revenue Bonds 1985 Series A (Terry/Peterson Development CorporatIOn ProJect) (the "1985A Bonds"), the proceeds of wInch were u~ed to tinance the acquIsItion, construcl1on and equipping of a 96-unIt mull1-famlly apartment proJect on certain property located at the mtersectlOn of Shore Drive and Northampton Boulevard In Virginia Beach, VirginIa (the "Property"), and (b) $2,300,000 Multi-Family Housmg Revenue Bonds 1985 Series B (TerryfPeterson Development CorporatIOn ProJect) (the "1985B Bonds"), the proceeds of which were used to finance the acquisitIOn, constructIOn and equlppmg of an additional 72- UnIt rental apartment proJect on Ihe Property (hereinafter colh:ctlvely referred 10 as the "ProJect"). and WHEREAS, m connection with the Issuance of the 1985A Bonds and the] 985B Bonds, the City ofVlrgmla Beach invIted and encouraged the Issuer to Issue Its revenue bonds for the benefit of the City of V Irglnla Beach and the Borrower and found that the Is~uance of such bonds would provide needed housing units m that City, and WHEREAS, the Borrower has described to the Issuer the benefits which the Project will continue to brmg to the City of VirgInIa Beach, VirginIa, and Its environs through the provIsIOn ofhousmg, at least twenty percent (20%) of which IS for occupancy by mdlVlduals of low or moderate mcome, and has requested the Issuer to agree to Issue ItS refundIng revenue bonds pursuant to the VirgInIa Housing Authontles Law (Chapter I, Title 36 of the Code ofVlrglma of ] 950, as amended) (the "Act") In a principal amount not to exceed $4,265,000 (the "Bonds") to refund all or a portion of the 1992 Bonds, and WHEREAS, the City of VirginIa Beach Development Authonty (the "Authority") has considered the application of the Borrower to the Issuer for the Issuance of the Issuer's Bonds to assIst In the refinancmg ofthe ProJect m the City ofVlTgmla Beach, and WHEREAS, the Authority has caused a notIce of public hearIng to be publIshed in a newspaper of general clrculal1on m the Cities of Suffolk and VIrgInIa Beach, VIrgmla, and has thIs date held a public hearing, all m accordance WIth the provisions of §147(t)(2) of the Internal Revenue Code of 1986, as amended, proposed final Treasury regulations Issued thereunder and 1-173026 I § 15 2-4906, Code of VIrgInIa, 1950, as amended, and other applicable laws of the Commonwealth of VIrgInia NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY I After consldenng the Borrower's application to the Issuer for revenue bond financmg m a public hearIng pursuant to proper nOllce, all as provided m ~ 147(t)(2) of the Internal Revenue Code of 1986, as amended, proposed final Treasury regulations Issued thereunder and the applicable laws of the Commonwedlih of V Irgmla, the Authonty hereby finds and determInes that the Issuance of the Bonds to relùnd the 1992 Bonds, the proceeds of which were used to refund all or a portion of the I Q85A Bonds and the 1985B Bonds, the proceeds of which were used to provIde financIng of a p0l110n of the cost of the acqUlslllon and constructIon of the ProJect by the Borrower and providIng hoUSIng opportunItIes for cItizens of low or moderate Income, wIll be of benefit to VIrgInia Beach, VirgInia, and will be consistent with the general purposes of the Issuer and the Act 2 The Authonty hereby recommends that the CIty Council of the City ofVirgmla Beach, VlTgima approve the Issuance of the Bonds by the Issuer and dlrects the ChaIrman of the Authonty to transmit Ihe Fiscal Impact Statement and a copy of this resolution to the Council of the City ofVlrglma Beach 3 The proper representatIVe of the Authority IS hereby authonzed and dlTected to transmit thIs recommendatIOn to the members of the CIty Council of the City ofVlrgInI3 Beach, Vlrgmla, at ItS next regular or special meetIng at which this matter can be properly placed on the CouncIl's agenda for hearIng Adopted thIs 21 st day of July, 1998 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By, r~~ F J~~ Secretary , 1-173026 I 2 EXHIBIT D DISCLOSURE STATEMENT Date, Julv 21. 1998 Applicant's Name(s) NOMh Beach ADanmenls Inc a Vlr~mla coroorallon (fonnerlv known as TerrvlPelerson Develooment Cor:poratlOn a Vlr~lnla corooratlOn) All Owners (if different from applicant) Type of Applicallon: Rezoning From Conditional Use Penn It Street Closure SubdiVISion Variance Other Refundln~ Bond Issue ........................................................................................... . To The followlnels to be compleled by or for tbe Applicant: Iflhe applicant IS a CORPORA TION, IIsl all the officers of the Corporation FrederlckJ Napolitano - Chalnnan of the Board Richard E OlIVIeri - V,ce Chalnnan orthe Board Vice President Secrelarv and Treasurer John H Peterson Jr - PresIdent 2 If the applicant IS a PARnŒRSHIP, FIRM or other Unincorporated OrgantzatlOn, list all members or partners In the organization The following IS to be completed by or for Ihe Owner (if differenl from the applicant) If the owner IS a CORPORATION, hst all the officers of the Corporallon, 2 If the owner IS a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners In the organlzallOn NORTH BEACH APARTMENTS, INC" a Virginia corporatIon B~ 0 , r, President (SEAL) 1-173954 I EXHIBIT F FISCAL IMPACT STATEMENT CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (North Beach Apartments, Inc. Project) Date. July 21,1998 TO' THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: North Beach Apartments, Inc , a Virgmla corporation (formerly TerrylPeterson Development corporatton, a Vtrgmla corporatIOn) TYPE OF FACILITY A 96-umt multI-famIly apartment proJect on certam property located at the intersectIOn of Shore Drive and Northampton Boulevard in Vlrgml3 Beach, Vtrgml3 (the "Property") and an additIOnal 72-umt rental apartment proJect on the Property Maximum amount of financing sought $4,265,000 2 Taxable value of the facIlIty's real property to be constructed In the munIcIpalIty $7,002,129 Real property tax per year using present tax rates $ 85,426 4 Personal property tax per year usmg present tax rates $ 1,626 5 Merchants' capItal tax per year usmg present tax rates $ 0 6 Esttmated dollar value per year of goods and services that will be purchased locally $ 0 7, Number of regular employees on year round basIs 6 8 Average annual salary per employee $ 19,400 The information contamed m this Statement is based solely on facts and estimates provided by the Applicant, and Ihe Authorny has made n ent ínvesttgallon wIth respect thereto ChaIrman, City ofYlrgmia Beach Development Authonty 11130211 EXHIBIT G SUMMARY SHEET SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY TAX-EXEMPT ADJUSTABLE MODE MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (NORTH BEACH APARTMENTS, INC PROJECT) SERIES 1998 DESCRIPTION OF PROJECT North Beach Apartments, Inc Project 4605 Gale Force Court Virginia Beach, Virginia 23455 Refinance the Suffolk Redevelopment and Housmg Authority's (the "Issuer") $4,970,000 Variable Rate MultI-family Rental Housing Refunding Revenue Bonds (Terry/Peterson Development Corporatton Project) Se... rles 1992 (the "1992 Bonds"), the proceeds of which "ere used to rcfund the Issuer's (a) $3,090,000 Multi-Family Honsmg Revenue Bonds 1985 Series A (1 erry/Pelerson Development Corporatton Project) (the "198~A Bond,,"), the proceeds of wh,ch were used to finance the acquIsition, construction and equipping of a 96-n11l1 multl-falnily apartment project on certain property located at the intersection of Shore Drive and Northampton Boulevard In Virginia Beach, Virginia (Ihe 'Property"), and (b) $2,300,000 Multl-FdlTIlly Housmg Revenue Bonds 1985 Series B (Terry/Pelerson Dcvelopment Corporation ProJecl) (the "1985B Bonds"), the proceed" of willch were used to finance Ihe acquIsition, construction and eqlllpplng of an addlllOnal 72-unlt rental apartment project on the ProRerty (herelnalicr collectively referred to as the' ProJect") 2 PROJECT NAME LOCATION 4 AMOUNT OF BOND ISSUE PRINCIPALS $4,265,000 Frederick J Napolitano - Chairman of the Board Richard E OlIVIeri - VIce Chairman of the Board, Vice President, Secretary and Treasurer John H Peterson, Jr - Presldcnt 6 ZON]NG CLASSIFICATION a Present zoning classIfication of the Property A-24 b Is rezoning proposed? Yes- No --1L- c If so, to what zoning elasslficattOll? N/A The Authority recommends approval the ca¡>lloned financing The ProJecl was blllit 10 1986 and public approval was given prior 10 Ihe Issuance of the original bond financmg 10 ] 985 The approval IS bemg renewed at thIs tIme as technically required by the Internal Revenue Code because the weighted average life of Ihe bonds IS bemg exlended The orlgmal benefits of this Project - the prOVISion of safe, altracttve and sanitary housmg for low to moderale Income fanllhes wllhm the CIty ofVlrgmla Beach - contmue to be Ihe basIs for recommendatton The refinancIng will preserve and extend the restrlcllOns placed upon the property when the Initial bond financIng was entered mto In 1985, thereby assurIng Ihe City of VirginIa Beach that the benefits of the income restncttons applicable to these apartments will contInue 1-7J.~4 I VIRGINIA Bß~CH Development Authonty One Columbus Center, Suue 300 VirgInia Beach, V>\ 23462 (757) 437-6464 FAX (757) 499-9894 ------ - F Dullley FullOn, Chair Stephen W Burke, \"ce-Chalr W Brantley Basnlghl III, Secretary DaVIllA KIng,Ir ,.4¡,WanISúmary Kenneth D Barefoot, Trea,urer Ehlabelh >\ "Bel>Y" Duke Kenneth F Palmer EXHIBIT E SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY T AX-EXEMPT ADJUST ABLE MODE, MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (NORTH BEACH APARTMENTS, INC PROJECT) SERIES 1998 The AuthorIty recommends approval the captioned financmg The North Beach Apartments facilIty (the "Project") was bUIlt In 1986 and public approval was given prIor to the Issuance of the orIginal financmg in 1985. The approval IS bemg renewed at thIS time as technically required by the Internal Revenue Code because the weighted average hfe of the bonds is being extended, The orIgmal benefits of this ProJect - the provision of safe, attractive and sanitary housing for 10 w to moderate income families within the CIty of VlTgima Beach - continues to be the basIs for recommendatIon. The refinancing will preserve and extend the restrIctIOns placed upon the property when the initial bond financing was entered IOto in 1985, thereby assuring the CIty of VIrginia Beach that the benefits of the mcome restrictions applicable to these apartments will contmue. RESOLUTION APPROVING THE ISSUANCE OF REFUNDING REVENUE BONDS (Pembroke Crossing Apartments, L.L.C. Project) WHEREAS, the CIty ofVIrglma Beach Development Authority (the "Authonty") has consIdered the application of Pembroke Crossmg Apartments, L.L C" a Virginia limited liability company (formerly Terry/Peterson AssocIates I, a Virgima general partnership) (the "Borrower"), to the Suffolk Redevelopment and Housrng Authority (the "Issuer") for the Issuance of the Issuer's refunding revenue bonds m an amount not to exceed $2,378,000 (the "Bonds"), for the purpose ofrefundmg the Issuer's $2,720,000 Variable Rate Multi-Family Rental Housmg Refundmg Revenue Bonds tTerry/Peterson AssocIates I Project), Senes 1992 (the "1992 Bonds"), the proceeds of whIch were used to refund the Issuer's $2,870,000 Multi- FamIly Housing Revenue Bonds 1985 SerIes A (Terry/Peterson Associates 1 Project) (the "I 985A Bonds"), the proceeds of which were used to finance the cost of the construction and eqUIppIng of a 92-unlt multIfamily rental apartment hoUSIng proJect located at the intersection of Pembroke Boulevard and Witchduck Road in the City ofVirglma Beach, VIrginia (the "Project"), at least twenty percent (20%) of whIch IS for occupancy by IndivIduals of low or moderate mcome, and has held a public heanng thereon on July 21, 1998; and WHEREAS, the Authonty has requested the City Council (the "Council") of Virginia Beach, Virgmia (the "City") to approve the refundmg of the 1992 Bonds and Issuance of the Bonds by the Issuer to comply WIth SectIOn I 47(f)(2) of the Internal Revenue Code of 1986, as amended, and proposed final Treasury regulatIOns Issued thereunder; and 1-173040 1 WHEREAS, a copy of the Issuer's resolution approving the Issuance of the Bonds, and a copy of the Authonty's resolution recommending approval of the Bonds by the Council, subject to terms to be agreed upon, and a record of the publIc hearIngs held thereon has been filed with the Clerk of the CouncIl, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: The CouncIl of the CIty of VIrginia Beach, Virginia, approves the refunding of the 1992 Bonds and further approves the Issuance of the Bonds by the Issuer for the benefit of the Borrower, to the extent of and as required by SectIOn 147(£)(2) of the Internal Revenue Code, to permit the Issuer to refund the 1992 Bonds 2 The approval of the issuance of the Bonds, as required by Section 147(£)(2) of the Internal Revenue Code, does not constitute an endorsement of the Bonds or the creditworthiness of the Borrower, and the Bonds shall provide that neIther the CIty, the City of Suffolk, the Authority nor the Issuer shall be oblIgated to pay the Bonds or the mterest thereon or other costs mcldent thereto except from the revenues and moneys pledged therefor, and neIther the faIth or credIt nor the taxing power of the Commonwealth, the City, the CIty of Suffolk, the Authonty or the Issuer shall be pledged thereto 3 ThIs Resolution shaU take effect lßUDedlately upon Its adoptIOn 1-173040 1 2 , " Adopted by the Council of the City ofVirgima Beach, Virgmia on August II, 1998. I certIfy the foregoing to be a true and correct copy of a resolutIOn adopted by the City CouncIl of the CIty ofVugmia Beach, Vuguua, at a regular meetmg held on August 11, 1998, Dated. August -' 1998 Clerk, City Council of the City ofVirglDla Beach r APPROVED AS TO LEGAL SU!=FICIEr .CY ~.L.~ L 1-17304(} I 3 , ) EXHIBIT I ,- - ----- .------ ~ ,AN- w- S- E- T- G- TV- FM- MH -o-ttI ~ ~ -to ...... FES - - -- .- ..- . " þ¿- -ill}- :::=::::J ::::::==J VIC/N/íY MAP N.T.S'. -- --- --.- -"-- ~ -~)(-- ~ ~, ~ l;: .., ._'~~ ~ ~ 1..' \'\ ..'. ~ /"'- () ...¡. ~ ~ ~ IU::'OC^.T!C".~! ;~!.'D ¡."t."Jv~n :,~I'!ìS -...: {, OF EX¡:;1";:..:G m<E.nk;"'5 !K:\~l % \I \ BE CON1.PlETt:D PRIOr:. TO STA?lING N ~ CONSTRUCTION OF RIGHT.Of.WA\". \[) "Ì" " --___iMPROVEMENTS :::- ~ ,',- I "'(".- , >: ~- \. \ ...... c1J; r - NOTICE - "'. I' \'-- ,-:.-... : c;..~ ' :::0':" - - ::: "",,-...._,,:; 1""'-:'" ç'-O "" h( V,t?~ i-',,¡"Y, - - -, ~ P- \'I ,. c C\ :} -0 - rü c 0 0 () ~ C/) a:: ~ ~ W ~ > ~ a:: :; z => . g CJ) ~ c( . :J ~ C/) m 8: a:: (/) 8 W ~ ~;¡!Z j \,JðZ ~ C ~ <{ "" ~ .-J I \,V å? CL l> a. 8 <{ ~c( C/) ~ Q) a::<{ w z - W C) rT\ Z a: '-'I ë:5 > ç Z \. BAY .'0 " .. I;; ,""-t ., "f .' i- 5 0 -' ~ ~ ~ ¡¡ ~ 6 '" 7 ~ .. ,5: ~ 8 ~ 10~ ~ 0 0 0 c ~ - 0 It ~ . > City e>î VirgiTìia Beach LESLIE l LILLEY CITY ATTORNfY MUNICIPAL CENTER BUILDINO 1 24" COURTHOUSE DRIVE VIRGINIA BEACH VA ,"",. 9004 (7571 427 4531 FAX (7571 .,. 56B7 TOO (757' 427 '3°' In Reply Refer To Our File No CA 7081 Mrs Ruth Hodges Smith, CMC/ AAE CIty Clerk Municipal Center Vugmla Beach, V A 23456 Re Pembroke Crossing Apartments, L L C, a Virginia Ilmlled liability company, ProJect VarIable Rate MultI-FamIly Rental Housmg Refundmg Revenue Bonds SerIes 1992 July 23. 1998 Dear Mrs, Smith' Enclosed please find documentation forwarded by the VlrgmJa Beach Development AuthorIty (AuthorIty), in connectIOn wIth the AuthorIty's action on the referenced bond application A public hearmg on thIs application was held before the Authority on July 21, 1998 No members of the public appeared to comment on the proposed bond Issue Included wIth the enclosed documents IS a copy of the Authority's Resolution for the Pembroke Crossing Apartments Project (Exhibit C) and a copy of the FIscal Impact Statement for the project (Ex hlbIt F) Pursuant to the provIsIons of Section 147 of the Internal Revenue Code of 1986, as amended, Ihese documents are to be placed on file In your Office and made a part of the public record Very truly yours, LLL/GLF/rab Enclosures cc The Honorable Mayor & Members of City CouncIl James K Spore, CIty Manager Leslie L LIlley CIty Attorney VIRGINIA BE.~CH De,-dormen! ,'\l1thllrllv Olle Columbus Cenrer, Sulle 300 VirgInia Beach, VA Z346l (7571437-6464 FAX (757\ 499-9894 - ------ F DudLey Fulton, Chair Stephen W Burke, ¡'ICe-Chair W BranlLey Basnight!!!, Secretary DavtdA Klng,)r .ASSlS/anlSecmary Kenneth D Barefool, Treasurer Ehzabeth '" "Betsy" Duke Kennelh F Palmer July 21,1998 The Honorable Meyera E Obemdorf, Mayor Members of CIty CouncIl MunIcIpal Center VIrginia Beach, V A 23456 Re Pembroke Crossing ApartmelÚs, L L c., a VlrglnlQ llmlled ilQblilly company, ProJect Refunding Revenue Bonds Dear Mayor Obemdorfand Members of CIty Council' We submIt the fol1owlng In connection wIth a project for Pembroke CroSSIng Apartments, L L C ProJect located at Pembroke Boulevard and Wltchduck Road, VIrginIa Beach, Vlrgmta (I) EvIdence of publication of thc notIce of heanng IS attached as Exhibit A , and a summary of the statements made at the public heanng IS attached as Exhibit B The CIty of Virginia Beach Development Authonty's (the "Authonty") resolution recommendIng CouncIl's approval IS attached as Exhibit C (2) The Disclosure Statement IS attached as Exhibit D (3) The statement of the Authonty's reasons for ItS approval as a benefit for the City of VirgInIa Beach and Its recommendation that CIty Council approve the modIfication of the bonds descnbed above IS attached as Exhibit E The Honorable Meyera E. Obemdorf, Mayor Members of CIty CouncIl Page 2 (4) The FIscal Impact Statement IS attached as Exhibit F , (5) Attached as Exhibit G IS a summary sheet setting forth the type of Issue, and Idenl1fymg the ProJect and the pnncipais (6) Attached as Exhibit H IS a letter from the appropnate CIty department commenting on the Project FDF/GLF/rab Enclosures 10 II 12 13 14 15 16 17 18 19 20 21 22 l' -~ 24 EXHIBIT A I 2 3 4 5 6 NOTICE OF PUBLIC HEARING ON PROPOSED REFUNDING REVENUE BOND FINANCING BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Notice IS hereby gIVen that a public hearmg w1I1 be held before the City of VirginIa 7 Beach Development Authonty (the "Authority"), on the issuance of not to exceed $2,378,000 of 8 the Suffolk Redevelopment and Housing Authority's (the "Issuer") Tax-Exempt Adjustable 9 Mode Multifamily Housing Revenue Refunding Bonds (Pembroke Crossing Apartments, L L C ProJect) Series 1998 pursuant to a plan of financIng and the approval of such bonds by the Authority and by the City Council ofVlrglllla Beach, VirginIa (the "CouncIl") The bonds will be Issued under the authority of the V Irgima Housing Authorities Law t Chapter I, Title 36 of the Code of Vlrglllla of 1950, as amended), for the purpose of refundIng the Issuer's $2,720,000 Variable Rate Multl-FalTIlly Rental HoUSIng RefundIng Revenue Bonds t ferry/Peterson Associates I ProJect), Series [992 (the "1992 Bonds"), the proceeds of which were used to refund the Issuer's $2,870,000 Multi-Family Housing Revenue Bonds 1<)85 Senes A (1 erry/Peterson Associates I Project) (the '1985A Bonds"), the proceeds oh\lllch were used to finance the cost of the constructIOn and eqUIppIng at a 92-urllt multItamll} rental apartment houslllg proJect located at the 1I1tersectIon of Pembro~e Boulevard and Wlllhduc~ Road 111 the City of Vlrb1l1Ia Beach, Vlrg1l1Ia ((he "Project" ), twenty percent (20%) at \\hlch IS tor occupancy by IndIVIduals of 10\\ or moderate IIIcome The Issuance oflhe relundlllg revenue bonds as reque'led by Pembroke Crosslllg Apartments, L L C , a VirgInia IlIllIted habillty company (tannerl\' 1 erry/('eterson Associates 1. a Vnglllla general partnership) will nol be deemed to constItute a debt or pledge at the t'¡lIth and I ""'" ¡'CRF JlS "'24'98 25 26 27 28 29 30 31 32 33 34 35 36 37 38 19 40 credit of the Commonwealth ofVlTgmla or the CIty ofVlTglma Beach, VlTgmla Nelther the Commonwealth of Vlrgmla nor any polItical subdivIsion IhereoJ, mcludmg the Authority, the Issuer, the CIty of Suffolk, V Irgmla and the CIty of V Irgmla Beach, V Irglma, shall be obligated to pay the bonds, or the mterest thereon, or other costs IncIdental thereto, except from the revenues and moneys pledged therefor, and neIther the faith and credIt nor the taxmg power of the Commonwealth ofVirgmia, nor any polItical subdivIsIOn thereof, IS pledged to the payment of prIncIpal of such bonds or the mterest thereon, or other costs mcldental thereto The publIc hearing, which may be contInued or adJourned, will be held at 8 30 a m on Tuesday, July 21,1998 before the AuthorIty at One Columbus Center, Sulte 300, Vlrgmla Beach, Vlrgmla Any persons Interested m the Issuance of the bonds or locatIOn or nature of the proJect, may appear at the hearing and present his or her views and may send \\TlIten comments before such hearing to the AuthorIty, cio the Secretary of the Authority, One Columbus Center, Sulte 300, Vlrgll1la Beach, VirgInIa 23462 I he address and principal place of bus mess of Pembroke Crossll1g Apartments, L L C IS 4640 Shore Drive. Sulle ¡ II. Vlrgll1la Beach. Vlrgmla 23455 CII Y OF VIRCdNIA BEACI! DEVELOPMENT AUTHORITY j)~ ] 171016 I'GRF ¡IS 6'24'08 2 EXHIBIT A THE VIRGINIAN-PILOT NORFOLK, VIRGINIA AFFIDAVIT OF PUBI"ICATION The V,rg,man-Pllot ------- ---- --- - ----------- --------- ------ _--__h__+----- ---_____--h____--_--- I I I I I I I I I I I I I I I I I This day, D Johnson personally appeared before me I and after be>ng duly sworn, made oath that I I I I I I I I I I I \ I I I I I I I I I I I I I I I TOT~L COST 670 48 AD SPACE 116 LINEI FILED ON 07/13/98 I ~~~~~-~;;~~I~t----[;--W\-\ l-~~\~------------------+---------- Subscn bed and sworn ~~ bel OTe m~ \ n my n ty and state on the atoresa,d th,s ~t day of )" 1;1 Notary .:JIV'-.A,,/I _J("(,~-,, ' WILLCOX & SAVAGE, PC 1800 NATIONSBANK CENTER NORFOLK, VA 23510 REFERENCE 00014732 72860120 Guy R Fddd $2,870,000 state of Virg,nia City of Norfolk 11 She 's aftldavÜ clerk of The Vng,man-P,lot, a newspaper publl shed by Landmark Commumcations Inc , >n the ClUes of Norfolk, Portsmouth, Chesapeake, Suffolk, and Vlrglnla Beach, State of Vng,ma 2) That the advertls"ment hereto annexed has been pubhshed I n saId newspaper on the date stated PUBLISHED ON 07/06 07/13 Nona OP ",oue .... OM - - -....... o. IMI an Of VI"'." 0- D , ~::,I'v~;"": t:;. ':;:! ::-.". "=' I =~~.1'.';:':'="'~¡~."" -..... """"-""""'"- I ..... C",,"n, "".mong, L r C -...,,' I 10, 'If""""_"""""h' I ':'.....'~~ :'-:J..".:;t':"i!: ! .'~,~",T""3:~,=~~ : ~~:æ~I"~:::-¡~~! vI_h_._Io'","" , 'F:::~,:,¡,,~:;:.J,"í~""",~~ ¡ , wh<hw_""'Io'mo"",I,",."vI'," I """"",., ,... ",...~nl vi , 92 '"" m,I""m,l, ,,"" '.,. ' B::u",:,,:~'~ o;'~~~":::":"~"~h~o~,~"~";,~'..~':~~\ : 1"""""h'P"I"III'W,"Iy."<R"I2~"'aI"""""" """."'" .. In'..Id", ., ~W 0' mod"'" ""'"n. '.. ",-, 0' "" "Iun', ....""'........ '.....,.. P,m"o" C"""I ~~::;r,,~f':.~'::"T I'"~ ",III on' """ 5""0"WI".C,~aI w,,'1h 01 "'I"'" ,.." on, POI,"'" "bdw,,"'" ,..,... """""'1 '" IA"""",,'h'I""",I"'C,IyO'5'"0"""""'O""'C'IyO' 1 "'I"" B..'" "II'n", 'h,II be 0"'1"" 10 p" ih, ....,. œ "', "'~.., ""... 0' 0"" '"'~ .""ten'" """O, "<0°' "0'" ,.. ' ""nUl' '°, mo...,. pl"I" "",,Iw '°, n~lh" I", '~Ih on' ' ""',,......, 1",ol...-""'h.Commonw.."" """I,n;, .", ' ~:,~,~:I'~:' ,~~\:";::: :::",1:: I;:'~~':o ": ~j(,~:"~ ' 'o,,"n~1 1,""'0 , T~:J':?~'"~~';';< o:~¡:.~ ~ 'n"'lu;3""':W'.;~:"A'~;';.:; , " 0", Cotumb.. Coo"" S.." 3g0 "'1'°" B",h, V'II"" An, ..'wo, In"""", " Ih, 1"",O<001".."""", 'o""""w..."", ' 01 I"' ..."" m', '..... " I", """01 '°, .""" h" "' "" ~~;:::,:~' ;,.'r;:s:,::~':;~I'~':"l:.".~,~°ö'.:'g:.~:'::"~I~.:~." , 5"" 300 v,,~." Bm" ."~o,, 2345' '", ,'d.... '°, ¡'L'~'.:: ~~~O ~':':"ö:,~~ o~"I:'~bí¡",,:;,':.:'."U'~~:~:::~. ' "<s5 C'TY OF ""GIN" BEACH O'V[tOPMENI AUIi'ORI" VP JUI, 5 .., 101, 13 199B ------------ _n day and year My commlSSlOn expnes October 31, 2000 EXHIBIT ß CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING (Pembroke Crossmg Apartments. L L C Project) The ChaIrman of the City ofVlfgmla Beach Development Authority (the "Authority") announced the commencement of a public heanng on the request of Pembroke Crossing Apartments, L L C , a Virginia limited liability company (formerly Terry/Peterson Associates I, a Vugmia general partnership) (the "Borrower"), and that a notIce of the hearing was published once a week for two consecutive weeks In a newspaper having general circulation m the CIty of V IrglnIa Beach, VirginIa, the first publIcatIOn being not less than fourteen (14) days prior to the hearmg and the second publIcatIOn being not more than twenty-one (21) days prior to the hearing The Chairman Indicated that a cop~ of the notice and a LertI!ìcate of publIcatIon of such notice have been tiled with the records of the City CouncIl of the CIty ofVlrgmla Beach The following individuals appeared and addressed the Authority Mr Guy R Fnddel\, III appeared on behalf of the Borrower Iv1£ Fnddel\ gaw a brief descriptIon of the Project (below defined) He e~plallled th.!t this \\3S a refunding of the Suffolk Redevelopment and Hollsmg Authorlty's (the "Issuer") $2,720,000 Variable Rate Mulll-Fanllly Rental Housing Refundlllg Revenue Bonds (Terry/Peterson Associates I Project). Series 1992 (the '.1992 Bonds"), the prl'ceeds of v.hlch were used to refund the Issuer's $2.870,000 Mult!- FalnIly Houslllg Revenue Bonds 1985 Series A (l erry/Petcrson Associates I Project) (the . 1985/\ Bonds". the proceeds of\\lllch \\ere used to linance the cost of the constructIOn and equlppmg of a multlfarl1lly rental apartment housing project located ,It the Intersection of Pembrol-e Boulevard and Wltchduck Road In the l ny III Vlrglllla Beach. VirginIa (the I 1"9<61 "ProJect") He related that the ProJect was completed In 1986 and public approval was given pnor to the Issuance of the ongInal bond tìnancmg In 1985 The approval IS being renewed at thIs tIme as technically reqUIred by the Internal Revenue Code because the weIghted average life of the bonds IS beIng extended The ongInal benefits of thIs Project - the provISIon of safe, attractive and sanitary housmg for low to moderate Income families wIthin the City of VirgInia Beach - will continue under the refinancIng The refinancIng will preserve and extend the restnctions placed upon the property when the InItial bond financIng was entered into In 1985, thereby assunng the City ofVlrglma Beach that the benefits of the Income restnctlons applicable to these apartments will contInue He closed hIs remarks by estlmatIng an Issuance date for the Bonds of August] 5, 1998 No other persons appeared to address the AuthorIty. and the Chamnan closed the public hearIng The AuthorIty hereby recommends that the City CouncIl of the CIty of VIrgInIa Beach, Vlrgtl1la apprO\e the Issuance 01 the proposed linanclllg and heleby transmits the Fiscal Impact Statement to the City CouncIl of the CIty ofVlrgll1la Beach and a,ks that thIs recommendatlon be receIved at Its next regular or special meetIng at whIch thIs matter can be properly placed on the CouncIl's agenda tor hearing I 17<°'" ] EXHIBIT C RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (Pembroke Crossing Apartments, L.L.c. Project) WHEREAS, there has been presented to the Suffolk Redevelopment and Housmg Authority (the "Issuer") by and on behalf of Pembroke Crossing Apartments, L LC , a Virginia limIted liabIlity company (formerly TerrylPeterson Associates 1, a Virginia general partnership) (the "Borrower"), its plans to refinance the Issuer's $2,720,000 Variable Rate Multi-Family Rental Housing Refunding Revenue Bonds (TerrylPeterson AssocIates I Project), Series 1992 (the "1992 Bonds"), the proceeds of which were used to refund the Issuer's $2,870,000 Multi- Family Housing Revenue Bonds 1985 Series A (Terry/Peterson Associates 1 ProJect) (the "1985A Bonds"), the proceeds of which were used to finance the cost of the construction and eqUlppmg of a 92-unit multifamily rental apartment housing proJect located at the intersectIOn of Pembroke Boulevard and Wltchduck Road in the CIty ofVlrgmla Beach, VirginIa (the "ProJect"); and WHEREAS, m connection wah the Issuance of the 1985A Bonds, the CIty of Virginia Beach invited and encouraged the Issucr to Issue Its revenue bonds for the benefit of the CIty of V trgmia Beach and the Borrower and found that the ISSUaJlce of such bonds would provide needed liousmg units In that CIty, and WHEREAS, the Borrower has descnbed to the Issuer the benefits whIch the Project will continue to bring to the City of Virginia Beach, Virginia, and ItS em'trons through the provIsion ofhouslI1g, at least twenty percent (20%) of which IS for occupancy by mdlvlduals of low or moderate mcome, and has requested the Issuer to agree to Issue It~ refunding revenue bonds pursuant to the Vlrglllla Houslllg Authorllle~ Law (Chapter I, Title 36 of the Code of VIrginia of 1950, as amended) (the' Act") In a principal amount not to exceed $2,378,000 (the "Bonds") to refund all or a portIOn of the 1992 Bonds, and WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has consIdered the apphcatlOn of the Borrower to the I ssuer for the Issuance of the Issuer's Bonds to assIst m the refinancing of the ProJect In the City ofVlrgmla Beach, and WHEREAS, the Authority has caused a notice of public hearing to be published in a newspaper of general cIrculation in the CIties of Suffolk and Vugmla Beach, Vugmul, and has this date held a public hearing. all In accordance wah the proVIsIOns of § 147( 1)(2) of the Internal Revenue Code of 1986. a~ amended. proposed final Treasury regulatIOns Issued thereunder and § 152-4906. Code of VIrginia, 1950. as amended. and other apphcable laws of the Commonwealth of Virginia NOW. THEREFORE. BE IT RESOL VED BY THE CITY OF VIRGINIA BEACH m,VELOPME~T AUTHOR] fV I man 1 ] After consldermg the Borrower's application to the Issuer for revenue bond financing in a public hearIng pursuant to proper notice, all as provided in § ] 47(t)(2) of the Internal Revenue Code of 1986, as amended, proposed final Treasury regulatIOns issued thereunder and the applicable laws of the Commonwealth of VIrginia, the Authority hereby finds and determmes that the Issuance of the Bonds to refund the 1992 Bonds, the proceeds of which were used to refund all or a portion of the 1985A Bonds, the proceeds of which were used to provide financing ofa portion of the cost of the acqUIsition and constructIOn of the Project by the Borrower and provIding housing opportunities for citizens of low or moderate income, wIll be of benefit to Virgmla Beach, VIrginia, and wIll be consIstent with the general purposes of the Issuer and the Act. 2 The Authority hereby recommends that the City Council of the City ofVIrgmia Beach, Virginia approve the issuance of the Bonds by the Issuer and directs the Chairman of the Authonty to transmit the Fiscal Impact Statement and a copy of this resolution to the CouncIl of the City ofVIrgmia Beach 3 The proper representative of the AuthorIty IS hereby authorIzed and directed to transmit this recommendation to the members of the CIty Council of the CIty of VIrginia Beach, VIrginIa, at Its next regular or specIal meeting at whIch thIs matter can be properly placed on the Council's agenda for hearIng Adopted this 21st day of July, 1998 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORJ fY By t . , r v,","",v:.Ât1 F I U...A-~~I..<.-\ Secretary 1-17)017 1 2 EXHIBIT D DISCLOSURE STATEMENT Date: July 21. 1998 ApplIcant's Name(s)' Pembroke Crossme Aoartments L L C a Vlrelnla lImIted lIabIlItY comoanv (fonnerlv Terrv/Pelerson Associales I a Vln,inla 2eneral oartnel'ShlD) All Owners (if diff.....tfromapplConl) Type of Application: Rezoning' From Conditional Use Pennlt Street ClosUJ'e Subdivision Variance Other Refundin2 Bond Issue .............. .................................................,............................ To The following Is to be completed by or for the Applicant: If the applicant IS a CORPORATION, lIst all the officers of the CorporatIon 2 If the applIcant IS a PARTNERSHIP, FIRM or other Unincorporated OrganIzatIon, IIsl all members or partners In the organIlatlon Richard E Olmen John H Peterson Jr and Fredenck J, NaJ)ohtano Trust 1 The following IS 10 be completed by or for the Owner (if different from the app¡'canl) !fthe owner IS a CORPORA TION, lIst all the officers oflhe CorporatIon 2 (fthe owner IS a PARTNERSHIP. FIRM or other Unincorporated OrganIzatIon, lIst all members or partners In the organIzatIOn PEMBROKE CROSSING APARTMENTS, L LC, a Virgtnla lImited liabIlity company ~- Operatmg Manager (SEAL) 1-17'9561 VIRGINIA BEÞ-1CH Development AUthorl" One Columbus Center, Suite 300 VirgInIa Beach, VA 23462 (757) 437.&464 FAX (757) 499.9894 ---~- F Dudley Fulton, Cha" Stephen W Burke, Vlce-Cha" W Brantley Basnight m, Secretary DavIdA KIng,Ir ,AulSlan/Secretary Kenneth D Barefoot, Trea,.rer Eltzaheth A "Betsy" Duke Kenneth F Palmer EXHIBIT E SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY TAX-EXEMPT ADJUSTABLE MODE, MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (PEMBROKE CROSSING APARTMENTS, L L C, PROJECT) SERIES] 998 The Authority recommends approval the captioned financmg ThePembroke Crossmg Apartments facIlIty (the "ProJect") was buIlt in 1986 and public approval was gIven prIor to the Issuance of the ongmal financmg m 1985 The approval is bemg renewed at thIS time as technIcally required by the Internal Revenue Code because the weighted average lIfe of the bonds is bemg extended The ongmal benefits of this ProJect - the provision of safe. attractIve and sanItary housmg for 10 w to moderate mcome famIlies wlthm the CIty of Virginia Beach - contmue to be the basis for recommendatIOn The refinancmg will preserve and extend the restrictions placed upon the property when the Initial bond financmg was entered mto in 1985, thereby assurmg the City of VirgInIa Beach that the benefits of the income restrIctIons applIcable to these apartments will contmue EXHIBIT II' FISCAL IMPACT STATEMENT CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (Pembroke Crossing Apartments, L.L.C. Project) Date July 21,1998 TO' THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA PROJECT NAME Pembroke Crossing Apartments, L L C , a Virgmia limited liabIlity company (formerly Terry/Peterson Associates I, a Virginia general partnership) TYPE OF FACILITY: A 92-unit multifamily rental apartment housmg proJect located at the mtersection of Pembroke Boulevard and Witchduck Road in the City of VIrginIa Beach, Vugmla Maximum amount of financmg sought $2,378,000 2 Taxable value of the facility's real property to be constructed m the munIcIpalIty $3,577,832 3 Real property tax per year using present tax rates $ 43,650 4 Personal property tax per year using present tax rates $ 207 5 Merchants' capItal tax per year usmg present tax rates $ 0 6 Estimated dollar value per year of goods and serVIces that wIll be purchased locally $ 0 7 Number of regular employees on year round basIs 4 8 Average annual salary per employee $ 17,050 The mfonnatlOn contained in this Statement IS based soleh on facts and estimates provided by the Applicant, and the Authority has mad/¡ndepe. ~dent investigatIOn with respect thereto / ~ //{-7\....r . /1' ,'T Chairman. City of Vlrglllla Beach Development Authority 1-173038 I EXHIBIT G SUMMARY SHEET SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY TAX-EXEMPT ADJUSTABLE MODE MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (PEMBROKE CROSSING APARTMENTS, L L C, PROJECT) SERIES 1998 2 PROJECT NAME LOCATION Pembroke CrossIng Apartments, L L C Project 825 CrossIng Court VIrgInia Beach, VIrgInia 23455 3 DESCRIPTION OF PROJECT Refinance the Suffolk Redevelopmenl and Housmg Authonty's (the "Issuer") $2,720,000 Vanable Rate MultI-Family Rental Housing RefundmB Revenue Bonds (Terry/Peterson Associates I ProJect), Series 1992 (the "1992 Bonds"), the proceeds of which were used to refund the Issuer's $2,870,000 Multi-Family Housmg Revenue Bonds 1985 Senes ^ ~Terry/Peterson Associates I Project) (the "1985A Bonds '), the proceeds of wl1lch were uscd to finance the cost of the construction and cqulPPlIlg ofa multIfamily rental apartmcnt houslllg proJcct located at thc IntersectIOn of Pelllbroke Boulevard and Wltchduck Road m the City of Vlrglllla Beach, Vlrglllla (the "Project") 4 5 AMOUNT OF BOND ISSUE PRINCIPALS $2,378,000 Richard E 011\ ICri John H Pelerson, Ir Frederick J NJpolltano Crust I 6 ZONING CLASSIFICATION a Prcsell! zolllng classificatIOn of Ihe Propert) A-18 b Is rezonlllg proposed? Yes- No -L Ifso, to what zonIng classificatIOn? '\/A The Authority recommends approval the captIOned financlllg 1 he Project was built m 1986 and public approval was given prior to the Issuance of the orlglllal bonð financlllg III 1985 The approval IS beIng renewed at tlm time as technically required bv the Internal Revenue Code because the weighted average life of the bonds IS beIng extended The onglrlal benefits of tins Project - the provIsion of safe, attractive and sallltar) hol/slllg for low to moderate Income families w Ithm the City of \ Irgmla Beach - contInue to be the basIs for recommendatIOn The refinanclllg will presene and extend the restrictions placed upon the properl\' when the InitIal bon.d financlllg was entered IIltO 111 1985, thereby assllrlng the City of VIrgInia Beach that the benefits of the II1come re,trlctrons apphcable to these apartments will contInue I 175956 I EXHIBIT H City e>f Virgi:l:îia. I3e~ch. D_PA"T.._NT O' HOUSING IND N"GHBORHOOD PR'..RYATION 1757) ....8700 "AX 1787) ... 87.. TOO 1787) ....".. CODO "'O~CO"ONT DlV'SION 17'" ..,...., "\JNI:IPAl CON"" ............. 1&A .." COU."'O<JSO ""IVO YlRQ"...aeACl4, VA Þ4SI-«8:I July 14, 1998 Chairman Virginia Beach Development Authority Virginia Beach, Virginia Re: $2,378.000 Suffolk Redevelopment and Housing Authority Tax-Exempt Adjustable Mode Multifamily Housing Revenue Refunding Bonds (Pembroke Crossing Apartment.. L.L.C. Project) Series 199B Dear Chairman: The noted project, Pembroke Crossing Apartments, located at 825 Crossing Court must, as a requirement of the funding. rent 20% of its units to low and moderate Income households. To the extent that the project Is being managed In accordance with these requirements, It Is fulfilling the original purpose of providing this funding, In addition. since the refinancing extends these requirements. It will provide additional benefits. A review of our code enforcement records Indicate that the property is being maintained according to the City's standards. Therefore. I recommend that the refunding be approved. d1)nc rely, I \ ( ~ A .~~ Director AMF'Iap c: Mr. Guy R Friddell, III. Wilcox & Savage Mr. Gary Fentress, City Attorney's Office RESOLUTION APPROVING THE ISSUANCE OF REFUNDING REVENUE BONDS (Summer Station Apartments, L.L.c. Project) WHEREAS, the CIty ofVlrgmla Beach Development Authority (the "Authority") has consIdered the applicatIon ofSwnmer StatIOn Apartments, L L C, a Vlrgmla limited liability company (formerly Terry/Peterson Associates II, a VlTgmJa general partnershIp) (the "Borrower""), to the Suffolk Redevelopment and Housmg Authority (the "Issuer") for the Issuance of the Issuer's refundmg revenue bonds m an amount not to exceed $3,105,000 (the "Bonds"), for the purpose ofrefundmg the Issuer"s $3, I 05,000 Variable Rate MultI-FamIly Housmg Refunding Revenue Bonds (Terry/Peterson Associates II Project) Series 1994 (the "1994 Bonds'"), the proceeds of whIch were used to refund the Issuer's $3, I 05,000 MultI-Family Housmg Refundmg Revenue Bonds (Terry/Peterson Associates II ProJect), Series 1987 A (the "1987 A Bonds"), the proceeds of which were used to refund the Issuer's $3, I 06,000 ] 985 ResIdentIal Rental Mulu-Famlly Housmg Revenue Bond (Terry/Peterson AssocIates II Facility) (the" 1985 Bond"")" the proceeds of whIch were used to finance the acquIsItion, construction and equipping ofa mulu-famlly housing project consIstIng of96 dwelling UnIts located at 3700 Snowdnft CIrcle In VlTglnJa Beach" Vlrgmta (the "ProJect'")" at least twenty percent (20%) of whIch IS for occupancy by indIviduals of low or moderate mcome, and has held a public hearmg thereon on July 21, ] 998, and WHEREAS, the AuthorIty has requested the City CouncIl (the "Councll'") ofVlTglma Beach, V Irgmla (the "Cay"") to approve the refunding of the 1994 Bonds and Issuance of the 1-1710481 Bonds by the Issuer to comply with SectIOn I 47(f)(2) ofthe Internal Revenue Code of 1986, as amended, and proposed final Treasury regulations Issued thereunder, and WHEREAS, a copy of the Issuer's resolution approvIng the Issuance ofthe Bonds, and a copy of the Authonty's resolutIOn recommendmg approval of the Bonds by the Council, subJect to terms to be agreed upon, and a record of the public hearings held thereon has been filed wIth the Clerk of the CouncIl, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA The CouncIl of the CIty of VITgmla Beach, VITgmla. approves the refundmg of the J 994 Bonds and further approves the Issuance of the Bonds by the Issuer for the benefit of the Borrower, to the extent of and as requITed by Section I 47(f)(2) of the Internal Revenue Code, to pern1lt the Issuer to refund the 1994 Bonds 2 lhe approval of the Issuance of the Bonds. as reqUIred by SectIOn 147(1)(2) of the Internal Revenue Code, does not constitute an endorsement of the Bonds or the creditworthIness of the Borrower. and the Bonds shall provide that neither the City. the City of Suffolk, the Authonty nor the Issuer shall be obltgated to pay the Bonds or the Interest thereon or other costs Incident thereto except from the revenues and moneys pledged therefor. and neither the faith or credit nor the taxIng power of the Commonwealth. the CIty, the City of Suffolk, the Authonty or the Issuer shall be pledged thereto 3 This ResolutIOn shall take effect Immediately upon Its adoption 1-1730481 2 Adopted by the CouncIl of the City of V Irgmla Beach, Vlrgml3 on August 11, 1998 I certl fy the foregomg to be a true and correct copy of a resol utJon adopted by the CIty Council of the CIty ofVlrgima Beach, VIrgm13, at a regular meetmg held on August] I, ] 998 Dated August -' 1998 Clerk, CIty CouncIl of the City ofVIrgmla Beach ,.~- - ! At.:~'~~.".~.J jT(1 LEGAL ~ : "-'f;IE: 'I ,~ .. . ~...í I 17J04H 1 3 .,"" .>,-::", ) IA IWU ( ~ , \ ~: \'" j TERRY I PETERSON ASSOCIATES TWO 1520 STONE MOSS COURT VI RGINIA BEACH, VIRGINIA 23462 IfLIAro' R ECE ~VED OCT 23 1988 elTY PLANNING DEPT" YI"GINIA 1lA0t -.---- - - - -,.. LOCATION MAP 1 Ii ] I I ~,¿ ij¡f VICINITY MAP ,j .' IV ~1 r I /'~, -( ( ( L,s~ ¡j VIRGINIA BL~CH Development Aurhorny One Columbus Cemer, SUIte 300 VirginIa Beach, V A. 23462 [757' 437-6464 FAX ,757) 499-9894 F Dudlev Fulton, Ch"" ,!ephen W Burke. \',«'-Ch"" W Bramley BasOIghl III, S"'</a'" DaVId ,\ Klng,)r ,4SSiSlalllS",cWY Kenne!h D Baref,ml, Treasurer Ehzabelh.~ "Ber;y" Duke Kennelh F Palmer July21,1998 The Honorable Meyera E Obemdorf, Mayor Members of Ctty Council Municipal Center V trgtnla Beach, VA 23456 Re Summer StatIOn Apartments. L LC Project Refundmg Revenue Bonds Series 1994 Dear Mayor Obemdorf and Members of CIty Council We submIt the followmg In connectIon wIth a proJect for Summer Station Apartments, L L C, ProJect located at 3700 Snowdnft Circle m VIrginIa Beach, VIrginia (I) Evidence of publicatIOn of the notIce of heanng IS attached as Exhibit A , and a summary of the statements made at the public heanng IS attached as Exhibit B, The CIty of Vlrglma Beach Development Authonty's (the "Authonty") resolutJon recommendmg CouncIl's approval IS attached as Exhibit C (2) The DIsclosure Statement IS attached as Exhibit D (3) The statement of the Authonty's reasons for Its approval as a benefit for the CIty of Virginia Beach and Its recommendatIOn that City CouncIl approve the modificatIon of the bonds descnbed above IS attached as Exhibit E The Honorable Meyera E Obemdorf, Mayor Members of CIty Council Page 2 (4) The FIscal Impact Statement IS attached as Exhibit F (5) Attached as Exhibit G IS a summary sheet seltmg forth the type of Issue, and IdentI fymg the ProJect and the pnnclpals (6) Attached as Exhibit H IS a letter from the appropnate CIty department commentmg on the ProJect FDF/GLF/rab Enclosures EXHIBIT A THE VIRGINIAN-PILOT NORFOLK, VIRGINIA AFFIDAVIT OF PUBLICATION The Virg1nlan-Pllot - - -- nn' - _n__- _-on - no._n- -_0.- -- 0._--- no.- h+__o._n___- __no.____u- 0.- I I I I I I I I I I I I I I I I I Th1S day, D Johnson personally appeared before me I and after be1ng duly sworn, made oath that I I I I I I I I I I I I I I I I I I I I I I I I I I I TOTAL COST 682 04 AD SPACE 118 LINE FILED ON 01/13/98 I ~~~~1-~~~~~~~_~nY~;-\\\);1-\--I;;,:-,_u__n _u u uu. u _u ----- - --- u -- - - -- u Subscnbed and sworn tb before me ,n my clty and state on the day and year afor~sald th,S --Ll!J..t day of -J" \'J Nt ,),'\,,--,_.,,/1 _t".,..(.) M n b J 20 0 aty '--' -- - y commlSSlOn explres octo er 1, 0 0 WILLCOX & SAVAGE, PC 1800 NATIONSBANK CENTER NORFOLK, VA 23510 REFERENCE Guy R Fndd $3,105,000 00014732 72860100 State of V1rgln1a CHy of Norfolk I) She lS afE1davlt clerk of The Vnglnlan-P1Jot, a newspaper publ1shed by Landmark Communlcat lOns Inc , In the noes of Norfolk, Portsmouth, Chesapeake, Suffolk, and Vnglnla Beach, State of Vnglnla 2) That the advertlsement hereto annexed has been publ1shed ln sald newspaper on the date staLed PUBLISHED ON 01/06 01/13 ..,°11.:'3:::"::;:= ::',t~':":==. RNlHaNO , NOli" " h""" I"" Ihll' ..- DlVItO- AU1HORITY , ~~I::"V" bof",!,':: I ,~~~~.:. '":- i pi," of h", ,", '" Ih, 'he"""", A"h,"I., ¡'¡m," o~~., lu,". Bo"'. , "B" ""'" '"iRI , ~~;~~,~,:,~~ ~~~,~~:;,~"~ ~'~,~:'i'~,""~"" fh' """"1 , ~,:;~I, oIB::.'~:;~', .~::: "Ji:':~I!¡ ~Zo ~~~OJt.:,,;,,~" T~~"";,~,~,,;, ~'r.:":,iJ"d~~;'~:-:;:.oI 'i? =:~I;~::;!..~ ;~:;:;:;:; ~~,:: .¡:"ml",' L L C ~ V"~:;"'h';':':,:1.I~ r:,";:,;~~~;:;~3~' 0~~~':£'1;':~:h :, ~,~~~'~,::;:'~; ~~~~~ °' :" c", or V"I'"" Bmh v"i'"" N..:t~':h~~~~:: A""o,,~ ,~'~:.":': ~~~ ~~"~I' ;'~""'O" Ih"ool 1",1"'"f,lhl ~:;:;;;: ~~~~:" V:I'~:~'~~~:I~,~,~~::i:? 1~'~%'lh~"~~ c~ rh~ ;:;:;~"~~, ',~~ ~~o'l'..g~':',i~? I~"~' ,":::'",h::¡~~' I~ ~~~ ~~,~01"',;:"~:' I~~::"O:::~~ ~,;"""',, =~~'::Ih.:: ~~;;::",o~; : '""",""1 Ih..",o Ih, '"""" 1h",," °' o!h" '°," ' ';;:.J':~'8'3~""" wt¡<h moy bo '°"""",, °' "I,,","" w," bo ! "ao'Co',m¡':::~~",~,"~:t,JJ~2f 1998 bo'o"'h'."ho"" "'1°'" 001""", '" Ih, "'"'"" ,?i':"'&,~~ B'-';; ""00" A", ~:C~": :;g':;:, ':':X, '~:::,"o " Ih, h"""i '~"'P",:~f"h~; ~~I~:: ~~,I,~" 3~O cJ"',~:,;:,'~~,ino'1~i~:;'W~:~':~~~I~~~;;i(:",~~~ r"~t:Ó ,,~, " ,","'In 01 S,,"m.. So",," AP:~~~~;:'t ~~ my OF ~::f~~'¡:~'~£~ë':: lit "'i'"" Bmh "'1m" 234SS O"flap,"" AUTHORITY VP Joy . 'Od J,,', t3 199B \ 2 3 4 5 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 E:XHIBIT A NOTICE OF PUBLIC HEARING ON PROPOSED REFUNDING REVENUE BOND FINANCING BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Notice IS hereby gIven that a public hearing will be held before the City ofVlrgmla 7 Beach Development Authority (the "AuthorIty"), on the Issuance of not to exceed $3,105,000 of 8 the Suffolk Redevelopment and Housing AuthorIty's (the "Issuer") Tax-Exempt AdJustable 9 Mode Multifamily Housmg Revenue Refundmg Bonds (Summer Station Apartments, L L C ProJect) Senes 1998 pursuant to a plan of financmg and the approval of such bonds by the AuthorIty and by the City CouncIl ofVlrgmla Beach, VirgInia (the "CouncIl") The bonds WIll be Issued under the authonty of the Virginia Housmg AuthorIties Law (Chapter], TItle 36 of the Code of Virginia of 1950, as amended), for the purpose of refundIng the Issuer's $3.105,000 VarIable Rate Multi-Family Housmg Rcfundmg Revenue Bonds (Terry/Peterson Associates \I Project) SerIes 1994 (the "1994 Bonds"), the proceeds of which were used to refund the Issuer's $3,105,000 Multi-FamIly Housing Refunding Revenue Bonds (Terry/Peterson Associates II ProJect), Senes 1987 A (the "1987 A Bonds"), the proceeds of whIch were used 10 refund the Issuer's $3,] 06,000 I <)85 Residential Rental Multi-Family Housing Revenue Bond (Terry/Peterson Associates" Facility) (the "1985 Bond"), the proceeds of which were used to finance the acquISItion, construction and eqUIpping of a multI-family hoUSIng proJect conslstmg of96 dwelling Units located at 3700 SnowdrIft Circle In VirgInIa Beach, Virginia (the "ProJect"), twenty percent (20%) of which IS for occupancy by indivIduals of low or moderate Income The Issuance of the refunding revenue bonds as requested by Summer Station Apartments. L L C , a Virginia limited liability company (formerly Terry/Peterson Associates II, I 173"'5 I'GRF JLS 6'24/98 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 a Virginia general partnership) will not be deemed to constitute a debt or pledge of the faIth and credit of the Commonwealth of Virginia or the CIty of VIrginia Beach, Virginia Neither the Commonwealth ofVLrgInla nor any political subdivIsIOn thereof, Includmg the AuthorIty, the Issuer, the City of VIrginia Beach, Virginia and the CIty of Virginia Beach, VirginIa, shall be obligated to pay the bonds, or the Interest thereon, or other costs incidental thereto, except from the revenues and moneys pledged therefor, and neither the faith and credIt nor the taxing power of the Commonwealth of Virginia, nor any polItical subdIvIsIOn thereof, IS pledged to the payment of principal of such bonds or the Interest thereon. or other costs mcidental thereto The publIc hearing, which may be continued or adjourned, will be held at 8 30 a m on Tuesday. July 21, 1998 before the Authority at One Columbus Center, Suite 300. Vlrgmla Beach, V IrgLllla Any persons Interested In the Issuance of the bonds or locatIOn or nature of the project, may appear at the hearing and present Ills or her views and may send \Hltlen comments before such hearing to the Authority, clo the Secretary of the Authority. One Columbus Center, SUIte 300, Virginia Beach. Virginia 23462 The address and prlllcipal plJce of business ofSul11mer Statton Apartments, L LeIs 4640 Shore Drive. SUIte \1 t, Vlrglma Beach. V1fgmla 23455 CITY OF VIRGINIA BEACH J)EVE~L~;1 E~ll1A l?HOR ITY .-// / ' r¿.../ // //.¡:.>-~) r'- - é-:::=?'.<:. -1-- ..<:, 1-17)045 I'GRF JLS 6'24'98 2 E:XHIBIT B CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING (Summer SlatlOn Apartments, L L C Project) The ChaIrman of the City of VirgInia Beach Development Authority (the "Authority") announced the commencement of a public hearing on the request of Summer Station Apartments, L L C ,a Vlrglma limited liabIlity company (formerly Terry/Peterson Associates II, a VlTgmla general partnership) (the "Borrower"), and that a notIce of the hearing was published once a week for two consecutive weeks In a newspaper havmg general circulatIOn m the CIty of VirgInIa Beach, V IrgInla, the first pubhcatlon beIng not less than fourteen (14) days prior to the hearing and the second publication beIng not more than twenty-one (21) days prior to the hearing The ChaIrman IndIcated that a copy of the notice and a certIficate of pubhcatIon of such notIce have been filed with the records of the CIty CouncIl of the City 0\ V1TgInIa Beach The folloWIng mdlvlduals appeared and addressed the Authority Mr Guy R Frlddell, III appeared on behalf of the Borrower Mr Frlddell gave a brief descriptIon of the Project (below defIned) He explaIned that this was a refundIng of Ihe Suffolk Redevelopment and HoUSIng Authority's (the 'Issuer") $3, I 05,000 Variable Rate Multi-Family HoUSIng RefundIng Revenue Bonds (Terry/Peterson Associates II ProJect) Series 1994 (the "1994 Bonds"), the proceeds of \vhlch were used to refund the Issuer's $3.1 05,000 Multi-FamIly HoUSIng RefundIng Revenue Bonds (Terry/Peterson Associates II Project), Series 1987 A (the "I987A Bonds"), the proceeds of which were used to refund the Issuer's $3,106,0001985 Residential Rental Mull1-Family HoUSIng Revenue Bond (Terry/Peterson Associates [I Facility) (the" 1985 Bond"). the procecds of which were used to finance the acqulSll1on, constructIOn and I \15959 , equipping of a multl-famlly housmg project consIsting of96 dwelling Units located at 3700 Snowdrift CIrcle m Vlrgmla Beach, Vlrgmla (the "ProJect") He related that the ProJect was completed In 1987 and public approval was given prior to the Issuance of the original bond financing In 1985 The approval IS being renewed at Ihls time as technically reqUIred by the Internal Revenue Code because the weighted average hfe of the bonds IS bemg extended The ongmal benefits of this Project - the provIsIon of safe, attractIve and sanitary housmg for low to moderate income famIlies within the CIty ofVirgm13 Beach - will contmue under the refinancIng The refinancmg wIll preserve and extend the restrIctIons placed upon the property when the InitIal bond IìnancIng was entered Into In 1985. thereby assuring the CIty of VirgInia Beach that the benefits of the Income restrictIOns apphcable to these apartments will continue He closed his remarks by estlmatlng an Issuance date for the Bonds of August IS, 1998 No other persons appeared to address the Authority. and the Chairman closed the pubhc hearing The Authority hereby recommends that the City Council of the CIty of Virginia Beach, VIrginia approve the Issuance of the proposed financlllg and hereby transmits the FIscal Impact Statement to the CIty CouncIl of the City of V Irglnla Beach and asks that this recommendation be received at Its next regular or special meetIng at which Ihls matter can be properly placed on the Council's agenda for hearlllg 11759591 EXHIBIT C RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (Summer Station Apartments, LL.c. Project) WHEREAS, there has been presented to the Suffolk Redevelopment and Housmg Authonty (the "Issuer") by and on behalf of Summer StatIon Apartments, L L C, a Vuginia limIted liabIlity company (formerly TerrylPeterson Associates II, a Vuginia general partnership) (the "Borrower"), its plans to refinance the Issuer's $3, I 05,000 Variable Rate Multi-Family Housing Refunding Revenue Bonds (Terry/Peterson Associates II ProJect) Series] 994 (the "1994 Bonds"), the proceeds of whIch were used to refund the Issuer's $3,105,000 Multi-Family Housmg Refunding Revenue Bonds (TerrylPeterson Associates II ProJect), Series 1987 A (the "1987A Bonds"), the proceeds of which were used to refund the Issuer's $3,106,0001985 Resldentlal Rental Multi-Family Housing Revneue Bond (Terry/Peterson AssocIates II Facility) (the "] 985 Bond"), the proceeds of which were used to finance the acquisitIOn, constructIOn and equipping ofa multI-family housmg project consIsting of96 dwelling umts located at 3700 Snowdnft CIrcle In VirginIa Beach, Vlrglma (the "Project"). and WHEREAS, In connectIOn wIth the Issuance of the 1985 Bond, the CIty ofVlrglma Beach mvlted and encouraged the Issuer to Issue Its revenue bonds for the benefit of the CIty of V Irglnla Beach and the Borrower and found that the Issuance of such bonds would provide needed housing umts In that City, and WHEREAS, the Borrower has desCrIbed to the Issuer the benetìts whIch the Project wIll continue to bring to the City of V Irgmla Beach. V Irglma, and Its environs through the provIsIOn of hoUSIng, at least twenty percent (20%) of which IS for occupancy by mdlvlduals of low or moderate Income, and has requested the Issuer to agree to Issue Its refunding revenue bonds pursuant to the Vlrglma HoUSIng Authorltles Law (Chapter I, Tnle 36 of the Code ofVlrgmla of 1950, as amended) (the "Act") In a principal amount not to exceed $3,105,000 (the "Bonds") to refund all or a portIon of the 1994 Bonds, and WHEREAS, the City ofVlrgmm Beach Developmenl AuthorIty (the "Authority") has consIdered the applicatIon of the Borrower to the Issuer for the Issuance of the Issuer's Bonds to assIst In the refinancing of the ProJect In the CIty ofVugmla Beach, and WHEREAS, the Authority has caused a notice of public hearing to be published m a newspaper of general circulatIon In the Cities of Suffolk and Virginia Beach. Virginia, and has thIs date held a public hearing, all m accordance with the provIsions of § 147(1)(2) of the Internal Revenue Code of 1986, as amended, propo>ed final r reasury regulations Issued thereunder and ç 152-4906, Code of VIrgInia, 1950, as amended, and other applicable laws of the Commonwealth of VirgInia 1-17J046 J NOW, THEREfORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY' I After consIdering the Borrower's applicatIOn to the Issuer for revenue bond financing m a public hearIng pursuant to proper notice, all as provided In § ]47(1)(2) of the Internal Revenue Code of ] 986, as amended, proposed final Treasury regulations Issued thereunder and the applicable laws of the Commonwealth ofVirgmla, the Authority hereby finds and determines that the Issuance of the Bonds to refund the 1994 Bonds, the proceeds of which were used to refund all or a portion of the 1987 A Bonds, the proceeds of which were used to refund all or a portIOn of the] 985 Bond, the proceeds of whIch were used to provide financmg of a portIOn of the cost of the acqUIsition and construction of the ProJect by the Borrower and providing housmg opportunities for cItizens oflow or moderate Income, will be of benefit to V Irgmla Beach, V Irgmla, and will be consIstent with the general purposes of the Issuer and the Act 2 The Authority hereby recommends that the City Council of the Clly ofVlrgima Beach, Vlrgmla approve the Issuance of the Bonds by the Issuer and dIrects the ChaIrman of the AuthorIty to transmit the FIscal Impact Statement and a copy of this resolutIOn to the Council of the City ofVIrgtnta Beach 3 The proper representative of the AuthorIty IS hereby authorized and dIrected to transmit thIs recommendatIOn to the members of the City CouncIl of the City ofVirglnJa Beach, VlrgmJa, at ItS next regular or special meeting at whIch this matter can be properly placed on the Council's agenda for hearing Adopted thIs 21st day of July, 1998 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By f-" ! - ) 1 <...v'-1.ui~ ( I ,t .(,A-I\V. Secretary 1-173046 ) 2 EXHJ r D DISCLOSURE STATEMENT Date. July 21. 1998 Appltcanl's Name(s) Summer StatIOn ADartmenls L L C a Vlr~mla Itmlted Itabllttv comDanv (fonnerlv Te!TVlPeterson Associates II a VIr~lnla ~eneral DartnershlD) All Owners (if differenlfrDm app¡'can/) Type of Application: Rezonmg From CondlllOnal Use Pennll Slreet Closure SubdivIsion Variance Other Refundmll Bond Issue ........................................................................................... . To The following Is to be completed by or for Ihe Applicant: If the appltcant IS a CORPORA nON, Itsl all the officers of the CorporatIOn 2 If the appltcant IS a PARTNERSHIP, FIRM or other UnIncorporated Organization, Itsl all members or partners m the organization Richard E Oltvlerl John H Peterson Jr and Frederick J NaDolttano Trust I The followIng IS to be completed by or for the Owner (if different from the app/¡cant) If the owner IS a CORPORATION, Itst all the officers of the Corporal1on 2 !fthe owner IS a PARTNERSHIP, FIRM or other UnIncorporated Organlzal1on. Itst all members or partners m Ihe organizatIOn SUMMER STATION APARTMENTS, L L.C, a Vtrginla limited liabtlity company ~ son, Jr Operating Manager (SEAL) 1-175959 I VIRGINIA BE.~CH Development Aulhonty One Columbus Center, Sulle 300 Virginia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 -------- F Dudley Fulton, Chair Stephen W Burke, VICe-Chair W Brantley Basnoght III, Secre/ary DavId A Klng,jr ,A'SlSlanlSecretary Kenneth D Barefoot, Trea,urer Elizabeth A "Betsy" Duke Kennelh F Palmer EXHIBIT E SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY TAX-EXEMPT ADJUSTABLE MODE, MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (SUMMER STATION APARTMENTS, L LC PROJECT) SERIES 1998 The Authority recommends approval the captioned financmg The Summer Station Apartments facility (the "Project") was built m 1987 and public approval was given prior to the issuance of the original financing in 1985. The approval IS being renewed at thIS tIme as technIcally reqUIred by the Internal Revenue Code because the weighted average life of the bonds is bemg extended. The original benefits of this ProJect - the provIsIOn of safe, attractive and sanItary housing for low to moderate Income families within the City of Vlrgmla Beach - continue to be the basIs for recommendation The refinancmg will preserve and extend the restrictions placed upon the property when the initial bond financing was entered mto m 1985, thereby assuring the City of Vlrgmla Beach that the benefits of the mcome restrictions applicable to these apartments will contmue, EXHIBIT F FISCAL IMPACT STATEMENT CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (Summer Station Apartments, L.L.C. Project) Date, July 21,1998 TO: THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA PROJECT NAME, Summer Station Apartments, L L C ,a Virginia limited liability company (formerly TerrylPeterson Associates II, a VlTgmla general partnership) TYPE OF FACILITY, A multi-family housing proJect consisting of96 dwelling units located at 3700 Snowdnft CIrcle m VIrgInia Beach, Virginia Maximum amount of financmg sought $ 3,]05,000 2 Taxable value oflhe facility's real property to be constructed m the municipality $11,198.612 3 Real property tax per year usmg present tax rates $ 136,623 4 Personal property tax per year usmg present tax rates $ 474 5 Merchants' capital tax per year usmg present tax rates $ 0 6 Estimated dollar value per year of goods and servIces that will be purchased locally $ 0 7 Number of regular employees on year round basIs 7 8 Average annual salary per employee $ 20,300 The mformatlon contamed 1ß this Statement IS based solelyon facts and estimates provIded by the Applicant, and the Authonty has made no ¡n~. nden nveS}lga!!9n wIth respect thereto -- þ~ -' -1-- ~/" ~ - .-"7- Cha City ofVlrgmla Beach Development Authority 1.173047 I EXHIBIT G SUMMARY SHEET SUFFOLK REDEVELOPMENT AND HOUSING AUTHORJTY TAX-EXEMPT ADJUSTABLE MODE MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (SUMMER STATION APARTMENTS, L L C PROJECT) SERJES 1998 2 PROJECT NAME LOCATION Summer Slalion Apartments, L L C Project 3700 Snowdrift Circle VirgInia Beach, VirgInia 23462 DESCRIPT]ON OF PROJECT Refinance the Suffolk Redevelopment and Housmg Authority's (the "Issuer") $3, I 05,000 Variable Rate Muill-Famlly Housmg Refundmg Revenue Bonds (Terry/Peterson Associates II Project) Series 1994 (the "1994 Bonds"), the proceeds of which were used to refund the Issuer's $3,105,000 Multi-Family Housmg Refunding Revenue Bonds ÇTerry/Peterson Associates II ProJect), Serle> 1987 A (the '1987 A Bonds"), the proceeds of \'olllch were used to refund the Issuer's $3,106,0001985 Residential Rental Multi-Family !lOUSIng Revenue Bond (Terry/Peterson Associates II FacilIty) (the" 1985 Bond"). the proceeds of whIch were used 10 finance Ihe acquIsition. construction and cqulpplng of a l1Iultl-famlly housing project consisting of96 dwelling units located at 3700 Snowdrift CIrcle m Vlrglllla Beach, VirgInia (the "Project") 4 AMOUNT OF BOND ISSUE PRINCIPALS $2,378,000 Richard E Olivieri John II Petersoll, Jr Frederick J Napolitano Trust I 6 ZONING CLASSIFICATION a Present zonIng classlficallon of the Property Is rezonIng proposed? A-18 (Summer Station), A-12 (Summer StatIon East) b Yes- No-L c If so, to what zoning classificatIOn? N/A The Authorlly recommends approval the captioned financing The ProJecl \'oas bUIlt m 1987 and public approval was given prior to the Issuance of the original bond financing In 1985 The approval IS beIng renewed alIllls time as techl1lcally reqUIred by the Internal Revenue Code because the "elghted average. life of the bonds IS beIng exlended The original benefits of 11115 Project - the frovlslon of safe, attractive and samlary housmg for low to moderate Income fan1llles w!thm the CIty of \ Irgmla Beach - contmue to be the basIs for recommendation The refinancing will preserve and extend the restrictions placed ufonthe property when the InitIal bond financing was entered Into m 1985, thereby assurm8 the City of \ Irglnla Beach that the benefits of the mcome restrIctIons applicable to these apartlnenb will continue 1-175959 I EXHIBIT H City of' Virgir1.ia Beach. OEP~~NT O' HOUSING. ~D ",'oHBORHOOD PR"'OVAmN "'7) ..1 "'" FAX "'7) "..".. fDD "57) ... 57'" CODE ....ORC'....., """>OK ,751) "'....' """"'PAL C""lIOR .UILD'HG 'IA .,.. COURfHOU.. DRIV~ "'OIONIl ..AO" VA .......... July 14, 1998 Chairman Virginia Beach Development Authority Virginia Beach, Virginia As: $3,105.000 Suffolk Redevelopment and Housing Authority Tax-Exempt Adjustable Mode Multifamily Houllng Revenua Refunding Bonds (Summer Station Apartments. loloC. Project) Series 1998 Dear Chairman: The noted project, Summer Station Apartments, located at 3700 Snowdrift Circle must. as a requirement of the funding. rent 20% of Its units to low and moderate income households. To the extent that the project Is being managed In accordance with these requirements, it Is fulfilling the original purpose of providing this funding, In addition, since the refinancing extends these reqUIrements, It will provide additional benefits. A review of our code enforcement records indicate that the property is being maintained according to the City's standards. Therefore, I recommend that the refunding be approved. ~~~ Director AMF:jap c: Mr. Guy R. Frlddell, III, Wilcox & Savage Mr. Gary Fentress, City Attorney's Office - 26- Item IV-K PUBLlC HEARING ITEM # 43926 PLANNING Mayor ,I¡.feyera E Oberndorf DECLARED a PUBLIC HEARING on PLANNING I. POTTERS ROAD INVESTMENT GROUP 2. COX CREEK PROPERTIES 3. RECONSIDERATIONS OF CONDITIONS ROBERT AND JANET KOTTKE REVEREND PETER STILLER OF ST. MICHAEL LUTHERAN CHURCH 4. PRIMECO PERSONA L COMMUNICATION 5.SPRINTPCS, e.E. FOREHAND /II 6.LYNNHAVENREALTY, L.L.C 7. RA YMOND E. ALLAN 8. DALA CORPORA TION, A VIRGINIA CORPORA TION 9. 0 & R, INe., A VIRGINIA CORPORA TION STREET CLOSURE VARIANCE CONDITIONAL USE PERMIT (APPROVED: 12 February 1990) CONDITIONAL USE PERMIT (APPROVED: 13 August 1996) In behalf of JAN KOTTKE CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CHANGE OF ZONING August 1/, 1998 - 27- Item IV-K. PUBLIC HEARING ITEM # 43927 PLANNING Upon mol/on by VIce Mayor Sessoms, seconded by Councilman Branch, Clly Council APPROVED in one motioll Items 1, 2, 3 a/hi, 5 and 6 of the PLANNING BY CONSENT 1tem K 1 was AUTHORIZED FOR FINAL APPROVAL, BY CONSENT Votmg 11-0 Council Members Voting Aye Linwood 0 Branch, Ill, Margaret L Eure, William W Harrison, Jr, Harold Helschober, Barbara M Henley, LoUIs R Jones, Reba S McCiana/l, Mayor Meyera E Oberndorf, Nancy K Parker, VIce Mayor Wilham D Sessoms, Jr and A M "Don" Weeks Council Member, Voting Nay None Council Members Absent None 4ugust11,1998 - 28- Item IV-K.I. PUBLIC HEARING ITEM # 43928 PLANNING Upon motIOn by Vice Mayor Sessoms, seconded by Councilman Branch, Cay Council AUTHORIZED FINAL APPROV AL of the Ordinance upon applicatIOn of POTTERS ROAD INVESTMENTGROUP,for the dIscontInuance, closure and abandonment of Pollers Road ApplicatIOn of POllers Road Investmenl Group for the dl~contmuance, closure and abandonment of a portIOn of Potters Road begInnIng at the southeast IntersectIOn of Pollers Road and Wesley Drzve and running m a easterly dIrectIOn a dIstance of 270 feet more or less Said parcel contaIns 6,577 56 square feet DISTRICT 3 - ROSE HALL Voting 11-0 (By Consent) CouncIl Members Voting Aye Linwood 0 Branch, 111, Margaret L Eure, William W Harrzson, Jr, Harold Het,\chober, Barbara M Henley, LoUIs R Jones, Reba S McClanan, Mayor Meyera E Oberndorj. Nancy K Parker, Vice Mayor Wilham D Sessoms, Jr and A M "Don" Weeks Council Members Voting Nay None CouncIl Members Absent None August II, 1998 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS POTTERS ROAD, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "EXHIBIT TO APPLICATION FOR STREET CLOSURE OF A PORTION OF POTrERS ROAD INVESTMENT GROUP," WHICH PLAT IS ATTACHED HERETO. WHEREAS, It appearIng by affidavIt that proper notice has been gIven by Potters Road Investment Group that it would make applicatIOn to the CIty Council of the City of Virginia Beach, VlTglDla, on May 28, 1996, to have the hereinafter descnbed street dIscontinued, closed, and vacated, and WHEREAS, It IS the judgment of the Council that saId portion of SaId street be dlscontmued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the CIty of Vuglma Beach, Vlrglma, that the hereinafter descnbed street be dlscontmued, closed, and vacated: ALL THAT CERTAIN lot, piece, or parcel of land, lYing, situate and being in Ihe City of Virginia Beach, Virginia the boundaries of which are shown by the diagonal hatching and as referred to In note 3 on sheet I of 2 on that certain plat entitled, "RESUBDIVISION OF PARCEL A, PROPERTY OF POTTERS ROAD INVESTMENT GROUP (M.B 173, PG. 31), CLOSED PORTIONS OF POTTERS ROAD AND EXCESS CITY LAND, PROPERTY OF THE CITY OF VIRGINIA BEACH", said plat to be recorded In the Clerk's Office of the City of VirginIa Beach, sltl1ultaneously herewIth and more fully descrIbed as follows BEGINNING at a pOint In the southeast comer of the area to be closed, the following course, S 80° II' 53" W a dIstance of 8320 feet to a point, thence along a curve to the nght having a radius of211 33' an arc of 5048 feet and a chord beaTIng of S 87° 02' 27" W to a pomt, thence a reverse curve to the left with a radIUs of 211 33' an arc of 5048 feet and a chord bearing of S 87° 02' 27" W to a pOint, thence S 80° 11' 53" W a distance of 10000 feet to a pOint, thence along a curve to the nght a radIUs of20 00' an arc of 31 42 feet \\,th a chord bearing of N 54° 48' 07" W to a pOint, thence N 09° 48' 07" W a distance of9 18 feet to a pOint, thence southerly along a curve to the left wIth a radius of 20 00' an arc of 34 25 feet and a chord beaTIng of S 58° 52' 02" E to a pOint, thence N 72° 04' 02" E a distance of91 04 feet to a pOint. thence S 49° 57' 07" E a distance of 14 15 feet to a pOint, thence N 72° 04' 02" E a dIstance of 55 33 feet to a pOint, thence N 85° 54' 32" E a distance of 5025 feet to a point, thence N 77° 20' 09" E a distance of 94 47 feet to a pOint, thence S 200 21' 23" W a dIstance of 35,84 feet to the pOint of beglnmng, which plat IS attached hereto SECTION II A certIfied copy oftlus Ordinance shall be filed In the Clerk's Office of the CIrcuIt Court of the CIty of VIrginIa Beach, VIrginIa, and mdexed In the name of the City of VirginIa Beach as Grantor and Potters Road Investment Group as Grantee of Adopted by the Council of the CIty of VIrginIa Beach, Vuglma, on thIs ~ day August '1998 FINAL APPROVAL APPROVED AS TO LEGAL ~;M cf!?{ GPIN, 1497-62-4708 ~ e ~ ~ ~ ~ .s CI) ~ õ:) ~ 0 ~ t:j '" Cò <:> 0 ~ 0 ..... ..CI) J... ~ ~ POITERS ROAD INVESTMENT GROUP CLosurP. of portlon of Poth,rs Road l}'R"'R3"~R ßO:WU9:¡ DISTRICT 3 - ROSE öALL CURVE DELTA C1 013' 41'08w C2 013'41'08w C3 O"lO'OO'Oow C4 0"l8'Ol'S1w CURVE TABLE RADIUS ARC CHORD 211.33' 50,48' 50,36' 211.33' 50,48' 50,36' 20.00' 31,42' 28,28' 20,00' 34,25' 30,22' LINE L1 L2 L3 L4 L5 L6 L7 LB TANGENT CHD BEARING 25,36' S81'02'21wW 25,36' S81'02'21wW 20,00' N54'48'OlwW 23,06' S58'52'02wE LINE TABLE BEARING SBO'l1'53"W SBO'11'53"W N72'04'02"E S49'57'07"E N72'04'02"E N85'54'32"E N77'20'09"E S20'21'23"W DISTANCE 83.20' 100.00' 91.04' 14.15 ' 55.33' 50.25' 94.47' 35.84' NOW OR FORMERLY CITY OF VIRGINIA BEACH !D.B. 1472, PG, 505) NOW OR FORMERLY POTTERS ROAD INVESTMENT (101,8 108, PG 34) (D.B. 1804, PG. 617) (D.B. 2126, PG. 163) 17 .69' ::E m (J) r m z -< 0 1:1 lß~ :c nJ.b, I-f 'OJ < nJ. m ~~ :i ('0;>' ('~ ûì 0 - - GROUP I I I I I L1 POTTERS ROAD (VARIABLE R/W) (M.B, 108, PG. 34) !D B. 1515, PG. 583) ~ AREA BEING CLOSED (0.151 AC.) EXHIBIT TO APPLICATION FOR STREET CLOSURE OF A PORTION OF POTTERS ROAD VIRGINIA BEACH engineering services inc CIVIL EH9UEERI>Ð-LANJ SlIIVEYlNO 33~1 SfDNESHORE ROAD VIRGINIA BEACH VIAQ¡HU 23-152 180" '68-6800 VIRGINIA DATE 03-12-1996 SCALE 1" g 60' JOB No. 90031 CAD No 90031 DRAW. No., 90031EX1 PAGE No, 1 OF 1 -"-",-->,,~~,,,-,./.""ooQ-:_;"'--' -",..;,"--...-,., - =-::- - -=-=- - ---=--.-.-.:=-=::;: ~- :è.RESOURCE BANK "20 W ,no, Baach 81,. REMITTER .:C.1?t!ÆJG' ~H rrJ./ v..,n"!!"'h VI..,n..""" Pol,.:~e_r~ Roa.Q....~.Q.\'. ACC!U~S:l.1:~OIl 22630 Oct. 07, 68-528 19~ --g;¡-1 PAY TOTHE OROER OF C~ tv Of Vl.fg..Ln_l....fLßeaç1L~ RlSOUHl.tIlMj~I~";':~~1 d:,;'d""'1 "1'"""""I "",, """ c:::::J-O1ÞI:~).....,'C)!II1III\.'III""IIII1I'I.,,' J $ 5,850.00 DOLLARS '-.\ - lJ' <::. " ':: ~~ 11'0221;3011" 1:05~t,052B51: ooooo.fit- - ~ L- ~ 6J }...\ CASHIER'S CHECK mlb ,: \~- [A '\'-- -I. :" ~ ... ... IA " '-" --... ~ ..... <- ,,-<. l.-; ~ ~ '~ ~ ';:' , '" ~ Dl SCl.OSUII¡: STI\'r¡:I1I>IIT DATE: 3-15-96 II/\HE:(5) OF ^(>(>!.ICAHT(S) Potters Road Investment GrauE-- H^HE(S) OF II!.L OWIIER9 (Lt d1tterunt trom appl1cant) T:iI'E Of' ^PI'LIC^TIOHI Ro~onLng trom to conditional U8e purmLt tor street Clo8ut"o x SubØivioion Var1ancQ TO OE COUPI.ETEO O'{ 01\ fOR 'rilE IIPPl.ICIIII'fl 1. If tho I:\ppllol:\nt 111 a IcorporllUonr Hst the oetLcers ot the corporatLolI1 2, If the npplicant: is II partnership, firm or other unincorporated orgllnization, liat /Ill mombero or plIrtnors in the org/lnizlltion: SEE ATTACHED EXHIBIT "c" TO UE: COMPI(BTED BY 01\ FOil TilE OWtUm (if differont from appl lcbnt) 1.' If tho o\lnor io a corporation, liot the otlicur1 of the corporation I 2. If thl! o\lnor is ð pllrtnerllhipl firm or other unlndorporated orglll1i%atio list all mumbers or partnors In tho organlzlltionl '"l'~, ~jto EXHIBIT "C" PARTNERS OF POTTERS ROAD INVESTMENT GROUP I I Reese Smith 2 Nere E Day, Jr 3 Charles G Erb 4 G Kendall Sutton 5 John B Syer 6 F Beale Wllholt - 29- Item IV-K.2. PUBLIC HEARING TTEM # 43929 PLANNTNG Upon motIOn by VIce Mayor Sessoms, seconded by Councilman Branch. City Council ADOPTED Ordinance upon apphcallon of cox CREEK PROPERTTES for a Variance 10 SectIOn 44(b) of the SubdtVIS1O1I OrdInance whtch requires that lots created by subdIVIsIOn must meet all requlremellts of the CIty ZonIng Ordlllance Appeal to DecIsIOns of AdmmlSlranve Officers m regard 10 certaIn elements of ¡he SubdIVIsIOn OrdInance. S"bdtVIStOlI for Cox Creek Propemes Property tS located at 516 South Lynnhaven Road DISTRICT 6-BEACH The followIng colldmon shall be reqUIred A final plat shall be submllted to Ihe DevelDpmen¡ Ser\'lces Cenler for approval and ,"cordatlOn VotIng 11-0 (By Conseltt) Council Members VotIng Aye Llmwod 0 Branch. TII, Margaret L Eure, Wilham W Hamson, Jr, Harold Helschober. Barbara M Henley, LouIs R Jones. Reba S McClanan, Mayor Meyera E Oberndorf. Nancy K Parker. Vice Mayor William D Sessoms. Jr and A M "Don" Weeks Council Members VotIng Nay Nolie Council Members Absent None August II, 1998 - 30- Item IV-K.3.a. PUBLIC HEARING ITEM # 43930 PLANNING Upon motIOn by Vice Mayor Sessoms, seconded by Councliman Branch, City Council MODIFIED CONDITIONS In the applicatIOn of ROBERT and JANET KOTTKE re COnditIOnal Use Permit approved 12 February 1990for a oreschool al5009 ProvIdence Road (DISTRICT 2 - KEMPSVILLE) (ConditIOn No I, hlghilg/lled starling lime IS changed) OperallOn shall be Monday Ihrough Freday asJollows 175sludents 7:00AM-12 Noon 140,ludenls 12 Noon-3 15 PM 70 sludenls 3 15 PM-5 00 PM Evelllng meetings, nolto exceed 30 famli¡es or slaff members, are per/nllled VOImg 11-0 (By Consent) Councli Members Voting Aye Linwood 0 Branch, 111, Margaret L Eure, WIlliam W Harmon, Jr, Harold Helschober, Barbara M Henley, LouIs R Jones, Reba S McCla/wn, Mayor Meyera E OberndorJ, Nancy K Parker, VIce Mayor WIlliam D Sessoms, Jr and A M "Don" Week.! CouncIl Members Voting Nay None CouncIl Members Absent None Augustl! 1998 - 3/ - Item IV-K.3.b. PUBLIC HEARING ITEM # 43931 PLANNING Upon motIOn by Vice Mayor Sessoms, seconded by Councilman Branch, CIty Council MODIFIED CONDITIONS In the ApphcatlOn of REVEREND PETER STILLER of ST. MICHAEL LUTHERAN CHURCHreCondmonal Use Perm II appro.'edlnbehalfofJANKOTTKE 13 August /996fora school at 2208 Princess Anne Road (DISTRICT 7 - PRINCESS ANNE (Condlllon No 2, highlighted starting tl/ne IS changed) 2 Hours of operatIOn shall be IImlled to Monday through Frzday, 7:00AM - 530PM Voting 11-0 (By Consent) Council ~1embers Voting Aye Linwood 0 Branch, III, Marga'el L Eure, Wilham W Hamson, Jr, Harold Helschober, Barbara M Henley, LouIs R Jones, Reba S McClanan, MayorMeyeraE Oberndorf. NancyK PG/ker, Vice Mayor William D Sessoms, Jr and A M "Don" Weeks CounCIl Members Voting Nay None CouncIl Members Absent None August 11, 1998 - 32- Item IV-K.4, PUBLIC HEARING ITEM # 43932 PLANNING Upon motIon by Vice Mayor Sessoms, seconded by Council Lady Henley, ClIy Council ADOPTED an Ordinance upon App[¡callOn of PRIME CO PERSONAL COMMUNICATION for a CondrtlOnal Use Permit for a commumcal1ons towel ORDINANCE UPON APPLICATION OF PRIMECO PERSONAL COMMUNICATION FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATlON TOWER RO8982209 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon applIcatIOn of PnmeCo Personal C ommumcatlon for a Condl//Onal Use Perml/for a commumcatlOm tower on the south sIde of West Landing Road, west of West Neck Road Said parcells located at 2465 West Landmg Road and cofllams 37 acres DISTRICT 7 - PRINCESS ANNE 77le following condlllons shall be reqUIred The proposed tower musl be developed, as presenied to the Plannmg CommissIOn and CI~v Council, as a guy wIre Slructure, not to exceed 250 feet In overall heIght 77le proposed tower must be construued m a manner In whIch the overall helglrt could be reduced below 200 feet if and when alternative slles are made available 2 The applicant shall purchase and mstall a tower capable of accommodating a muwnum of three addrtlOl1al users (jor leased space for other wIreless provIders, at reasonable terms when requested) 3 Each addlllonal user IS encouraged to locale antennas below 175 feet M S L PrIor to placing any addlllOnal antennas on the lower above 175 feet M S L ,propagatIOn studies supportIng the need for antennas must be subml/ted to the Planning Department for review and appro,'al Subnulled s/Udles must consIder the use of all enstlng towers and structures m the area and must ejJeCl1vely demons/rate why any helghl abol'e 175 (eet M S L IS reqUIred 4 In the event thal the tower IS mactlve for a perIOd of one year, It must be removed a/ the applicant's expeme ThIs Ordinance shall be effectIve In accordance wl/h SectIOn 107 (j) of the Zoning Ordinance Adopted by the Counclloflhe CIty ofVlrguua Beach, VIrginia, onlheEleventh ofAuf!Usl, Nineteen Hundred and Nlnetv-Elr!11/ Auguslll,1998 Item IV-K.4. - 33- PUBLIC HEARING ITEM # 43932 (Continued) PLANNING Votlllg /0-1 Council Members Voting Aye Linwood 0 Branch, Ill, Margaret L Eure, Wliltam W Hamson, Jr, Harold He/schober, Barbara M Henley, LDlm R Jones" Mayor Meyera E Oberndorf. Nancy K Parker. Vice Jvfayor Wliltam D Sessoms, Jr and A .\1 "Don" Week.! Council Members Voting Nay Reba S McClanan Council Members Absent None August/I. /998 - 34- Item IV-K.S. PUBLIC HEARING ITEM # 43933 PLANNING Upon motIOn by Vice Mayor Sessoms. seconded by Councilman Branch, CIty Council ADOPTED Ordmance upon applIcatIOn of SPRINT PCS, CE. FOREHAND IIlfor a CondItIOnal Use PermIt for a communicatIOn antenna ORDINANCE UPON4PPLlCATION OF SPRINT, PCS, C E FOREHAND. Ill. FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATION ANTENNA RO8982210 BE IT HEREBY ORDAINED BY THE COUNClL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon applicatIOn of Sprml pcs. C E Forehand III. for a CondlllOnal Use Permll for a commUnication a/llenna on the west side of North Great Neck Road, north of Old Neck Road Said parcells located at 525 North Great Neck Road contams 4 695 acres DISTRICT 6 - BEACH The followmg condlllOns shall be reqwred The project will be developed substantially m kel!plng wllh the sIte plan en tilled "Sprmt PCS NO03XC60SC, Wolftrap ", dated May 28. 1998 In addItIOn to the landscaping ,hown on Ihe submllted plan, the applicant shall also provIde landscapmg around the fenced eqwpment cabmet compound flS outlmed m SectIOn 232 of the ClIy Zonmg Ordmance This Ordmance shall be effectIve m accordance wllh SectIOn 107 (j) of the Zonmg Ordinance A dopted by the Council of the ClIy of VlrgmlO Beach. Vlrgmla, on the Eleventh or Auf!llst. Nmeteen Hundred and Nmetv-EI¡:ht Votmg //-0 (By Consent) CouncIl Members Voting Aye Linwood 0 Branch. III, Margaret L Eu'e. WIlliam W Hamson, Jr, Harold Helschober. Barbara M Henley. LouIs R Jones, Reba S McC/anan, Afayor Meyera E Oberndorf Nanc}' K Parker. VIce Mayor William D Sessoms, Jr and A M "Don" WeeÁs Council Members Votmg Nay None Council Members Absent None Augllst/l. 1998 - 35- Item IV-K.6. PUBLIC HEARING ITEM # 43934 PLANNING Upon motIOn by VIce Mayor Sessoms. seconded by Councilman Branch. City Council ADOPTED Ordmance upon applicatIOn of LYNNHAVEN REALTY. LLC fora Condlllona[ Use Permit for motor vehIcle sales and service ORDINANCEUPOIVAPPLICATlONOFLYNIVHAVENREALTYL L C. FOR A CONDITIONAL USE PERA/IT FOR MOTOR VEHICLE SALES & SER VICE RO89822 [ 1 BE IT HEREBY ORDAINED BY THE COUNCiL OF THE Cl1Y OF VIRGINIA BEACH, VIRGINIA Ordinance upon applicatIOn of Lynnhaven Rea[lv. L L C for a CondItIOnal Use Pennlt for motor vehIcle sales & service on Ihe soUlh sIde of Virginia Beach Bou[evard, east of Parker Lalle Said parcel IS located a/ 2369 VIrginia Beach Bou[emrd and contains 1 235 acres DISTRICT 6 - BEACH The following condlllon,' shall be reqUIred The bUIldIng facing Virginia Beach Bou[evard will be reconditIOned 10 closely match the exlsl1ng Lynnhaven Llnco[n- Mercury facility, located to the East of the site, m both design and colors 2 The "te wli[ be landscaped accordlllg to the reqUIrements of the Site Plan Ordinance, SectIOn 5A 3 All repairs and servIce wli[ be performed insIde the building. This Ordinance shall be efJeCl1ve In accordance with SectIOn 107 (jj of the Zoning Ordlnallce Adopted by the CounCIl of the CIty of Virginia Beach, Virginia, on the E[eventh of AuflUst. Nineteen Hundred alld Nllletv-E!¡¡;ht Voting 11-0 (By Consent) CoUllcli Members Voting Aye Linwood 0 Branch, 1ll, Margaret L Eure. WII[lam W Hamson, Jr. Haro[d Helschober. Barbara M Hell[ey, LoUIS R Jones. Reba S McC[anall, Mayor Meyera E Obemdorj, Nancy K Parker. V,ce Mayor WIlliam D Sessoms Jr and 4 M "Don" Weeks Council Members Voting Nay Nolie CouncIl Members Absenl None August 11. 1998 - 36- /tern IV-K.7. PUBLIC HEARING ITEM # 43935 PLANNING Upon motIOn by Vice Mayor Sessoms, seconded by Councilman Branch, City Councd ADOPTED the App[¡callon ofRA YMOND E. ALLAN for a ConditIOnal Use Permllforan automobile rellalr sholl ORDINANCE UPON APPLICA nON OF RA YMOND E ALLAN FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR SHOP RO89822I2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon app[¡callon of Raymond E Allan for a ConditIOnal Use Pel mil for an automobile repaIr shop on certalll property located 011 the north side of Old Providence Road beglnmng at a pOlnl 700 feet more or less east of Clinton Street SaId parcel contallls 21.1266 square feet DISTRiCT 1 - CENTERVILLE Thefollowlng condtllons shall be requlled The slle shall be developed as shown on the submllled site plan. wllh Ca/egory IV landscaping 011 portIOns of the Southern and NO/them boundaries and the enllre Western boundary Adjus/lnents shall be made to address Iraffic englneerlng's comments regardlllg the entrance 2 The bUIlding shall be conslructed as shown on the submitted rendering. WIth brick veneer on the Southern and Western sides and concrele masonry unll walls palnled an ea,th tone color on the remalnlllg sides 3 There shall be no outsIde storage of parts or materials TIlls Ordlllance shall be e/feCl/ve In accordallce wllh SectIOn 107 (f) of the Zoning Ordinance Adopted by the CouncIl of the City of Virginia Beach. VIrginia, 011 the Eleventh of Aul!Ust Nineteen Hundred and Nlnetv-EIf!ht Votlllg 11-0 (By Consent) Council Members Vollng Aye Linwood 0 Branch, UI. Margaret L Eure. William W Harrison, Jr. Harold Helschober. Barbara M Henley, LouIs R Jones. Reba S McClanan. Mayor Merera E Oberndorf. Vancy K Parker, Vice Mayol WIl[¡am D Sessolllç. Jr and -I M "Don" Weeks Council Members Voting Nay None Council .I,fembers Absent None AugustII,1998 - 37- Item IV-K.B. PUBLIC HEARING ITEM # 43936 PLANNING JIm Beverž)', Beverly Commercial Compames, 317-B First Coloma Road, Phone 428-2846, represen/ed Ihe apphcalll and requested WITHDRA W AL Upon motIOn by Council Lady Henley, seconded by Council Lady Eure, Cay CouncIl ALLOWED WITHDRA W AL of the ApphcatlOn of DAtA CORPORA TlON, a VIrginia CorporatIOn for a CondItIOnal Use Permll for an Open Space PromotIOn ORDINANCE UPON APPLICATION OF DAL4 CORPORATION, A VIRGINIA CORPORA TlONFOR A CONDITIONAL USE PERMITFOR AN OPEN SPACE PROMOTION Ordinance upon appltcatlOn of Dala CorporatIOn, a Virginia CorporatIOn for a CondlllOnal U,e Perm¡tfor an Open Space promotIOn on certam property localed on the north sIde of Indian Rtver Road begmnmg at a pOint 2080 feet more or leH east of Hillcrest Farms Boulerard Said parcel con/ams 30 acres DISTRICT 7 - PRINCESS ANNE Voting lJ-O CouncIl Members Voting Aye Lmwood 0 Branch, lfl, Margaret L Eure, Wilham W Harrison, Jr, Harold Hetschober, Barbara M Henley, LoUIs R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wilham D Sessoms, Jr and A M "Don" Weeks Council Members Voting Nay None Council Members Absen/ None August 11, 1998 - 38- Item IV-K.9 PUBLIC HEARING ITEM # 43937 PLANNING DavId S RUSSOllO, Presldent- 0 & R, Inc Upon motIOn by Council Lady Eure, seconded by Councliman Weeks, Clly Councli DEFERRED TO THE 8 SEPTEMBER 1998 CITY COUNCIL SESSION Ordinance upon ApplicatIOn of 0 & R,INc., a Vlrglllla CorporatIOn, and/or AssIgnsfor a Chanf!e ofZolllnf! DIStrict ClassificatIOn ORDINANCE UPON APPLICATION OF 0 & R, INC A VIRGINIA CORPORATION, AND/OR ASSIGNS FOR A CHANGE OF ZONING DISTRICT CLASSIFlCA TION FROM R-IO TOA-12 Ordinance upon applicatIOn of 0 & R, Inc, a Virginia CorporatIOn, and/or assigns for a Change of Zoning District C/assifìcallonfrom R-IO Residential DIStrict IOA-12 Aparlment DIStrlCtWlth a PD-H2 Overlay on the west sIde of Salem Road beglnlllng at a pomt 120 feet more or less lIorth ofLvnnhavell Parkway TheproposedzomngclassifìcatlOlI change to A-12 wllh a PD-H2 Overlay Isfor multl:famliv land use at a denslly no greater than 12 dwellmg umts per acre The ComprehensIve Plan recommends U5e oj thIs parcel for suburban reSldellllal/low densIty at densll¡es Ihat are compatIble wlllr single-fanllly use In accordance wllh other plan policies Said parcel contalll5 12 19 acres DISTRICT I - CenterVilie Council Lady Eure would like to dIscuss thIs lIem wllh the applicant Councli Lady Eure would prefer the dellslty reduced and the streets enlarged A Brleflllg wlil be SCHEDULED regarding this appllcallon and lis precedent selling denslly Vollng 10-0 CouncIL Members Voting Aye Linwood 0 Branch, UI, Margaret L Eure, Harold Helschober, Barbara M Henley, LoUIs R Jones, Reba S McClanan, Mayor Meyera E Oberndorf. Nancy K Parker, VIce Mayor Wlillam D Sessol/l.'" Jr and A M "Don" Weeks Council Members Voting Nay None Council Members Absent William W Harrison, Jr August1!,1998 - 39- Item IV-L. APPOINTMENTS ITEM # 43937 BY CONSENSUS, Clly Council RESCHEDULED the following APPOINTMENTS: PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD August I I, /998 - 40- Item IV-N.I. NEW BUSINESS ITEM # 43938 Upon motIOn by Vice Mavor Sessoms. seconded by COlmcllman Helschober. CIty Council ADDED TO THE AGENDA: Ordinance 10 AMEND the CIty Code. ADDING SectIOn 6-123 re rental of personal watercraft durmg dangerous water conditions Voting !I-O COlmcll ]f,{embers Voting Aye Linwood 0 Branch, IIl. Margaret L EuTe. Wilham W Hamson, Jr. Harold Helschobe" Barbara M Henley. LoUIS R Junes, Reba S McCla/lan. Mayor Meyera E Oberndorf. Nancy K Parker. Vice Mayor Wilham D Sessoms, Jr and A 1", "Don" Week.! COll/lcli Members Voting Nay Nolle Council Membels Absent None August/I, 1998 - 41 - Item IV-N.l. NEWBUSINESS ITEM # 43939 GeorgeA Romano, Entlcer WaterSports, 704 Fentress Road, Chesapeake, Phone 422-2277, believes EMS should be Involved only as a pari of the process He and his employees check out the surfing condItIOns on a dally basIs and Ihe surfing condalOns determine If he operates Man/pl Dorsey, TIdewater RegIOnal Watercraft Club, 1168 Jensen Dnve, Phone 420-9525, advised the Club's miSSIOn IS to pu,sue mandatory educallOn Free 8-hour PWC classes are available This course IS sponsored by the Department of Game and Inland Flshenes Mrs Dorsey advised that Eight people have been Injured In the last weekfrom DaVId Parkel 's rental operallon Rental Operallons should be reviewed relatIve safety procedures and instructIOns Upon motIOn by VIce Mayor Sessoms, seconded by Councilman Helschober, Cay Council ADOPTED: Ordinance to AMEND the CIty Code, ADDING SectIOn 6-123 rerental of personal watercraft durlllg dangerous water conditions Voting 11-0 CouncIl Members Vollng Aye Linwood 0 Branch, lll, Margaret L Eure, WIlliam W Harrison, Jr, Harold Helschober, Barbara M Henley, LouIs R Jones, Reba S McC'lanan, Mayor Meyera E Oberndorf, Nancy K Parker, VIce Mayor WillIam D Sessoms, Jr and A M "Don" Weeks Council Members Voting Nay None CouncIl Members Absent Nolle August II, 1998 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Requested by Vlce-Mayor Wllllam D. Sessoms 1 2 3 4 5 6 7 AN ORDINANCE TO AMEND THE CITY CODE BY ADDING A NEW SECTION PERTAINING TO THE RENTAL OF PERSONAL WATERCRAFT DURING DANGEROUS WATER CONDITIONS 8 SECTION ADDED' 6-123 9 WHEREAS, the maj ority who rent personal of persons watercraft have very llttle, If any, prior experlence operatlng them; WHEREAS, because of thelr small Slze, personal watercraft are partlcularly dlfflcult to operate safely under dangerous water conditlons; and WHEREAS, the operation of personal watercraft by persons wlth llmlted or no prlor operating experlence, especlally when the condltlon of the water lS dangerous, poses a serlOUS threat to the health, safety and welfare of not only the operators, but also thelr passengers and other persons In or on the water. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, pursuant to the powers granted to the Cl ty of Vlrglnla Beach by Sectlon 15.2-1102 of the Code of Virglnla (195O), as amended, and Sectlon 2,01 of the Clty Charter, the Clty Code lS hereby amended and ordained by addlng a new Sectlon 6-123 to read as follows: Sec. 6 -12 3 . Rental of Dersonal water conditions. danaerous watercraft durina ill. Whenever the dlrector of emergency medlcal servlces or his to the duly authorlzed deslgnee determines that. due condltlon of the Atlantlc Ocean. the Chesapeake Bav, and/or the waters adlacent thereto. the operatlon of Dersonal watercraft In any such body of water would be danaerous to the health. safetvand 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 welfare of the ODerators of such watercraft. DaSSenqers thereon. and/or other Dersons In or on the water. the dlrector or hls deSlqnee shall so notlfv every business In the CltV whlch Drovldes Dersonal watercraft for rent. Such notlflcatlon shall ldentlfv the sDeclflc body or bodles of water to whlch the notlflcatlon aDDlles. lbl of forth In the notlflcatlon set recelDt Upon subsection (a). such buslnesses shall be Drohlblted from rentlnq Dersonal watercraft for use in any body of water to whlch the notlflcatlon aDDlies. and shall not resume the rental of such watercraft until recelDt of further notlflcatlon from the dlrector or hls desiqnee that the condltlon of the water no lonqer Doses a threat of dancer to the Dubllc. J.cl.. For DurDoses of thls sectlon. the term "Dersonal watercraft" means a motorboat less than slxteen (16) feet In lenqth whlch uses an inboard motor DOWerlnq a let DumD as its Drlmarv mot i ve Dower. and which lS deSlqned to be oDerated bv a person sittinq, standinq. or kneellnq on. rather than In the conventlonal manner of slttlna or standlnq lnslde. the vessel. J.Ql. A violatlon of thls sectlon shall constltute a Class 3 mlsdemeanor. Adopted by the Councll of the Clty of Vlrginla Beach, Vlrginla, on the 11th day of August, 1998. CA-7113 ORDIN\PROPOSED\06-123.ord R-2 AUGUST 11, 1998 APPROVED AS TO LEGAL SUFFICIENCY Department of Law 2 - 42- Item IV-N.J. NEW BUSINESS ITEM # 43940 BY CONSENSUS, City Council ACCEPTED FOR RECORDATION ABSTRACT OF LEGAL CASES RESOLVED - JULY 1998 August 11. /998 - 43- Item IV-N ADJOURNMENT ITEM # 4394/ Mayor Meyera E Oberndorf DECLARED the CIty COUflCtl Meeting ADJOURNED at 4:00 P.M. n~ nt2-Ä tJ/~ ~~~;;;;';1;ooks, CMCíAAE Chœf Deputy CIty Clerk (].,,~ ~:;geS Smah, CMC/AAE Cay Clerk ---- --- ---- n n -- --- __un -n -- .- Meyera E Oberndorf Mayor Cay of Virginia Beach Vlrglllia August II, 1998 - 43- Item lV-N ADJOURNMENT ITEM # 43941 Mayor Meyera E Oberndorf DECLARED the City Council Meeting ADJOURNED at 4:00 P.M. nn- --- - - - --- - nn n_n --- ----- Berer/y 0 Hooks. CMC/AAE C/llef Deputy City Clerk ,~--x_~ Ruth Hodges Smith. CMC/AAE City Clerk ~"..~~ .__'_()L-,_.~.,J- ':\:~~dOlf ~ 'T Mayor Clly of Virginia Beach Virginia August 11,1998