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MARCH 10, 1986 MINUTES Cit@ C)'f "WORLD'S LARGEST RESORT CITY" CrrY COUNCIL MA YOJT @OLD HMCHOBEX At L-g. VICE-MA YOR REBA S. M@AN. @. A- B-gh JOBNA. RAERM, Bi.@@ B-gh NANCY A. CREECH. At L-9, ROBERT E. FEN7RESS, V@ B..h B-gh BARBARA M. HENLEY. @ @h H. JACK JENNZIVGS. JR.. L@ &-gh LOUIS R. JONES, By@ B-gh ROBFRT G. JOATS, At L-9. J. REARRYM@COY, JR.. K-@ B-gh MEYEIZA E. OBERIVDORF, At 281 CnY HALL BU@I.VG MUNICIPAL CEN77-IR RUTH HODGES SUNN. CMC, City C1.1k CITY COUNCIL AGENDA VIRGINIA BFACH, VIRGINIA 2US6 9M l8O4l4t7.4" March 10, 1986 Virginia Beach City Council ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL Conference Room - 12:30 PM A. CALL TO ORDER - Mayor Harold Heischober B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2 PM A. INVOCATION: Reverend Thomas Jennings Newlight Baptist Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CITY MANAGER'S ADMINISTRATIVE ITEMS 1. Review of Consent Agenda E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS F. PRESENTATIONS 1. Resolutions in Recognition: Ruby Christian PERSONNEL BOARD Florence Turner HISTORICAL REVIEW BOARD G. MINUTES 1. Motion to accept/approve the Minutes of March 3, 1986. H. PLANNING BY CONSENT 1. Application of Robert Lee Sowder, II and Paula M. Sowder for a conditional use permit for a single family dwelling in the AG-1 Agricultural District 520 feet more or less Northwest of tbe intersection of Muddy Creek Road and Shipps Cabin Road, containing 5.1 acres (Pungo Borough). Recommendation: APPROVAL 2. Application of Herbert C. Scott for a change of zoning from AG-2 Agricultural District to R-3 Residential District on the west side of eaboard Ro@d, 1200 feet more or less north of Princess Anne Road located at 2329 Seaboard Road, containing 3 acres (Princess Anne Borough). Recommendation: APPROVAL 3. Application of C. C. Manson, Jr. and Margaret L. Manson for a change of zoning from A-1 Apartment District to B-4 Resort-Commercial District on the north side of 2@th Street, 150 feet west of Pacific Avenue on Lot 3, Block 2, Central Park, at 312 28th Street, containing 7500 square feet (Virginia Beach Borough). Recommendation: APPROVAL 4. Ordinance to amend and reordain Article 2, Section 225 of the Comprehensive Zoning Ordinance pertaining to Bicycle Rental Establishments Recommendation: APPROVAL I. RESOLUTIONS - INDUSTRIAL DEVELOPI4ENT REVENUE BONDS 1. Resolutions approving the issuance of Industrial Development Revenue Bonds: a. Birdneck Partnership $6,000,000 b. Bert & Arlene Lowenthal $1,350,000 c. Sea Star Corporation $7,561,450 d. Columbus Business Centre II $3,000,000 e. Michael E. Wood, William R. Wood Andre Evans, Roger Gray, Gordon Gray $5,000,000 J. ORDIKANCE 1. Ordinance authorizing conversion of a noncouforming use located at 444 South Lynnhaven Road (Property of Giant Square Shopping Center Company) K. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one inotion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Resolutions iu Recognition to Ruby Christian, Personnel Board; and, Florence Turner, Historical Review Board 2. Ordinance authorizing certain changes in Compensation for certain City Council Appointees 3. Ordinance to Transfer $23,000 of Capital Project Funds to provide sufficient financing to award the design contract for North Beach Storm Drainage, Phase III 4. Ordinance upon FIRST READING to accept and appropriate $15,000 from Tidewater Children's Foundation and $7,500 from the Chesapeake School Board to establish a temporary position for the Pendleton Child Service Center for the School-Based Intervention Module 5. Ordinance to authorize a temporary encroacbment into a portion of the right-of-way known as Kempsville Road to Runnymede Corporation, its assigns and successors in title 6. Raffle Permit: Junior Class of Princess Anne High School Beth Chaverim L. UNFINISHED BUSINESS CONFLICT OF INTERESTS/CODE OF ETHICS Presentation: City Council Committee Vice-Mayor Reba S. McClanan Councilman Robert E. Fentress M. NEW BUSINESS 1. BRIEFING - HOUSE BILL NO. 42 - City Charter Amendment Robert Matthias, Intergovernmental Relations 2. Analysis of Management Alternatives for Rudee Inlet Maintenance/Erosion - City Manager's Recommendation 3. Virginia Beach Boulevard, Phase I, Project Funding N. ADJOURNMENT FY 1986-1987 OPERATING BUDGET SCHEDULF April I Special Session of City Council for Presentation 12 Noon April 1-16 City Council's Review April 17 Budget Workshop - Conference Room 4:00 - 7:00 PM April 22 Budget Workshop - Conference Room 4:00 - 7:00 PM April 29 PUBLIC REARING - Pavilion 7:00 Pm May 8 Budget Reconciliation Workshop - Conference Room - 4:00 - 7:00 FM May 12 PUBLIC HEARING and FIRST READING of Appropriation Ordinance - Council Chambers - 2:00 PM May 15 SECOND READING of Appropriation Ordinance Council Chambers 12: Noon M I N U T E 5 VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 10, 1986 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Heischober in the Conference Room, City Hall Building, on Monday, March 10, 1986, at 12:45 P.M. Council Members Present: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Absent:* Nancy A. Creech, H. Jack Jennings, Jr., J. Henry McCoy, Jr., D.D.S. Councilwoma.i Nancy A. Creech was out of the City on business. Councilman H. Jack Jennings, Jr. was out of the City attending an Insurance Management Seminar. Councilman J. Henry McCoy, Jr., D.D.S. was out of the City attending a Tidewater Regional Transit Commission meeting. - 2 - ITEM # 25058 Mayor Heischober entertained a motion to permit Council to conduct its EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution. 3. IYGAL 14ATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Louis Jones, seconded by Councilman Robert Jones, City Council voted to proceed into EXECUTIVE SESSION. Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, H. Jack Jennings, Jr., J. Henry McCoy, Jr., D.D.S. March 10, 1986 - 3 - R E G U L A R S E S S I 0 N VIRGINIA BEACH CITY COUNCIL March 10, 1986 2:18 P.M. Mayor Heischober called to order the Regular Session of the Virginia Beach City Council in the Council Chambers, City Hall Building, on Monday, March 10, 1986, at 2:18 P.M. Council Members Present: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Absent: Nancy A. Creech, H. Jack Jennings, Jr., J. Henry McCoy, Jr., D.D.S. INVOCATION: Reverend Thomas Jennings Newlight Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF ABERICA 4 Item II-F.la PRFSENTATIONS ITEM 25059 The Mayor presented a RFSOLUTION IN RECOGNITION: RUBY CHRISTIAN This Resolution recognized Mrs. Christian's unselfish and dedicated service as the City Employee Representative on the PERSONNEL BOARD from March 7, 1977 through February 28, 1986. Edward Lynk and James Evans, Members of the Personnel Board, were also in attendance. Ruby Christian was also recognized by the ROTARY CLUB as Virginia Beach City Employee of the Year. 5 Item II-F.1b. PRESENTATION ITEM 25060 Mayor Reischober presented a RESOLUTION IN RECOGNITION: FLORENCE K. TURNER This Resolution recognized the dedication and unselfish service of Florence K. Turner on the HISTORICAL REVIEW BOARD from August 11, 1975, through October 2, 1985. Michael Newbill, Chairman of the Historical Review Board, was also in attendance. March 10, 1986 6 Item II-F.2. PRESENTATIONS ITEM # 25061 ADD-ON Ada Salsbury and John C. Matish, Executive Director, Tidewater Regional Group Home Commission, presented a RESOLUTION IN APPRECTATION to: THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH This Resolution was presented in gratitude for allowing the Tidewater Regional Group Home Commission use of a parcel of City owned land located at 811 13th Street for the site of the Crisis Intervention Home. - 6a - Resolution W6ereas i6e Cities of C6esapeake, 3ranklin, Porismouf6, Suffolk and Virginia Beac6 and 16e Counfies of 9sle of Wig6f and Sout6ampfon joined togef6er 6y joint resolution to form i6e Z5idewater Regional group Home Commission; W6ereas as pari of its Regional sysfem of group 6omes, the Commission operafes the Crisis 9niervention Home located wit6in Virginia Beac6; W6ereas the Commission underfook an efforf to construcf a new 6uilding fo fiouse the programl- U)6ereas t6e Council for 16e Cify of Virginia Beac6 a( ifs ganuary 916,1984 meefing, generously agreed to allow 16e Commission to use a parcel of city owned land located af 811 1316 Street for the site of 16is new 6uilding; W6ereas 16is generous act was a key contri6ution towards 16e successful construction of 16e New Crisis 9niervenfion Home. Zi6erefore, 6e it resolved 6y 16c 5idewater Regional group Home Commission fflaf an expression of sincere grafifude is fiere6y exiended to f6e Council of the City of Virginia Beac6 for 16eir contilluing support of 16e Commission and its programs. Adopted 6y 16is Commission f6is 2Of6 day of 3e6ruary, 1986. Approved Affesfed ChAirman Cxecufive Director - 7 - Item II-F.2.b. PRESENTATIONS ITEM # 25062 ADD-ON The City Manager introduced Don Grimes, City Manager of Fayetteville, Arkansas. Mr. Grimes will be reviewing the innovations experienced within this City. 8 Item II-G.1 MINUTES ITEM # 25063 Upon motion by Councilwoman Oberndorf, seconded by Councilman Fentress, City Council APPROVED the Minutes of March 3, 1986, AS CORRECTED: ITEM # 25037 - Item II-H.2 - Page 7 ORDINANCE UPON APPLICATION OF PEGGY DAVIS FOR A CONDITIONAL USE PERMIT FOR A DAY CARE CENTER "Upon motion by Councilman McCoy, seconded by Councilwoman @@-Oberndorf, City Council DENIED an Ordinance upon application of PEGGY DAVIS for a Conditional Use Permit Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, H. Jack Jennings, Jr. and J. Henry McCoy, Jr., D.D.S. March 10, 1986 9 Item II-H. PLANNING BY CONSENT ITEM 25064 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council APPROVED in one NOTION Items II-H.2, 3, and 4 of the PLANNING BY CONSENT AGENDA. Item II-H.1 was voted upon separately. Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, H. Jack Jennings, Jr. and J. Henry McCoy, Jr., D.D.S. - 10 - Item II-H.1 PLANNING ITEM # 25065 Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council DEFERRRD INDEFINITELY an Ordinance upon application of ROBERT LEE SOWDEP, II AND PAUL M. SOWDER for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ROBERT LEE SOWDER, II AND PAULA M. SOWDER FOR A CONDITIONAL USE PERMIT FOR A SINGLE-FAMILY DWELLING IN THE AG-1 AGRICULTURAL DISTRICT Ordinance upon application of Robert Lew Sowder, II and Paula M. Sowder for a Conditional Use Permit for a single family dwelling in the AG-1 Agricultural District on certain property located 520 feet more or less northwest of the intersection of Muddy Creek Road and Shipps Cabin Road. Said parcel contains 5.1 acres. Plats with more detailed information are available in the Department of Planning. PUNGO BOROUGH. This item was DEFERRED INDEFINITELY to enable City Staff to respond to Council's inquiries concerning a condition of this Conditional Use Permit: A 18-foot paved access road to be constructed from Muddy Creek Road to the driveway entrance to the site. Right-of-way dedication is required along the frontage of the site for an ultimate 50-foot right-of-way. City Council wished to be advised of the number of parcels that would front on this "future" road. These people should be advised of the possible occurrence of this road. As same might be a future public road, when would the City assume responsibility for maintaining same. There was also some question as to whether an 18-foot easement actually exists. Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, H. Jack Jennings, Jr. and J. Henry McCoy, Jr., D.D.S. Item II-H.2 PLANNING BY CONSENT ITEM # 25066 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of HERRERT C. SCOTT for a Change of Zoning: ORDINANCE UPON APPLICATION OF HERBERT C. SCOTT FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO R-5 Z03861070 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Herbert C. Scott for a Change of Zoning District Classification from AG-2 Agricultural District to R-3 Residential District on certain property located on the west side of Seaboard Road, 1200 feet more or less north of Princess Anne Road. Said parcel is located at 2329 Seaboard Road and contains 3 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. Prior to the changing of the official zoning maps, the following requirement shall be met: An 8-foot right-of-way dedication along the frontage on Seaboard Road, 33 feet from the centerline of the old 50-foot right-of-way to provide for an ultimate 66-foot right-of-way as per the Master Street and Highway Plan. The OWNER or LEGAL REPRESENTATIVE for the Owner, has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth day of March, Nineteen Hundred and Eighty-six. Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, H. Jack Jennings, Jr. and J. Henry McCoy, Jr., D.D.S. - Ila- STATFMNT OF CONSENT APPLICANT: Herbert C. Scott APPLICATION: Change of Zoning District Classification DESCRIPTION: From AG-2 Agricultural District to R-3 Residential District on property located at 2329 Seaboard Road. CITY COUNCIL SESSION: March 10, 1986 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING KAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND REREBY ACCEPTS AND AGREES TO: 1. An 8-foot right-of-way dedication along the frontage on Seaboard Road, 33 feet from the centerline of the old 50-foot right-of-way to provide for an ultimate 66-foot right-of-way as per the Master Street and Highway Plan. Owner By: Owner/I Date: - 12 - Item II-H.3. PLANNING BY CONSENT ITEM # 2506.7 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of GEORGE C. MANSON, JR. AND NARGARET L. MANSON for a Change of Zoning: ORDINANCE UPON APPLICATION OF G. C. MASON, JR. AND MARGARET L. MANSON FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION Z03861070A BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of G. C. Manson, Jr., and Margaret L. Manson for a Change of Zoning District Classification from A-1 Apartment District to B-4 Resort-Commercial District on tbe north side of 28th Street, 150 feet west of Pacific Avenue on Lot 3, Block 2, Central Park. Said parcel is located at 312 28th Street and contains 7500 square feet. VIRGINIA BEACH BOROUGH. Tbe OWNER or LEGAL REPRESENTATIVE for the Owner, has reviewed the condition for APPROVAL and has a signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. The following condition shall be required: This lot is limited to commercial uses only until such time that it is combined wiht adjoining parcels to create a lot of 14,000 square feet or more. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth day of March, Nineteen Hundred and Eighty-six. Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, H. Jack Jennings, Jr. and J. Henry McCoy, Jr., D.D.S. - 12a STATEMNT OF CONSENT APPLICANT: G. C. Manson, Jr. and Margaret L. Manson APPLICATION: Change of Zoning District Classification DESCRIPTION: From A-1 Apartment District to B-4 Resort-Commercial District located at 312 28th Street. CITY COUNCIL SESSION: March 10, 1986 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR TilE OWNER, (or Agent for the Owner), RAS REVIEWED TRE CONDITIONS FOR APPROVAL (REQUIREKENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMKISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDt4ENT TO THE ZONING MAP OF TRE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. This lot is limited to commercial uses only until such time that it is combined with adjoining parcels to create a lot of 14,000 square feet or more. &ffli s OV Owner #L 7LI- By:( Owner/Attornf Date: - 13 - Item II-H.4 PLANNING BY CONSENT ITEM # 25068 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED: ORDINANCE TO AMEND AND REORDAIN ARTICLE 2, SECTION 225 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO BICYCLE RENTAL ESTABLISHMENTS Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, H. Jack Jennings, Jr. and J. Henry McCoy, Jr., D.D.S. 13a - AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 2, SECTION 225 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO BICYCLE RENTAL ESTABLISHMENTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 2, Section 225, Bicycle rental establishments, of the C.Z.O. be amended and reordained in part as follows: 225. Bicycle rental establ,ishments. Where a conditional pemit is issued for the operation of a bicycle rental establishment, not more than forty (40) bicycles per zoning lot shall be permitted. A-feReey-wa4l-ep-ethep-smeh-struetwee-Ret-less w4th-the-ewtabltshmeAt-may-be al@wedy-ppovtded-f-howevepl-that-the swpfa6e-area-shal@-Ret-emseed-femp-i4@-sqwaOe-feet-aRd-fwpthep-ppey4ded A barrier shall be rboyied onsisting of a canvas screen with grommets laced with " e@ c suita Tne secured to rust resistent pipe and stanchlon, anchored to 9 a e, or properly secured in ground. Such screen will be inchgs i n hei, ap e of delineating the limits o@ rty for the dra ti on of the use mit- It shall have an cc:h .a S: gpr:nplng not more than e e wge on eit5er side ot the enclosure not facing the oce o:e nw-iel!,umin:li:g sign in n'y :Znt'may E a?? 0 d pro d d. however, that the surface shall not exceed four (4) square teet, and turther be to,p:g ti r :nthn: gerct o t e or on of canvas screen which is or ente each. Adopted by the Council of the City of Virginia Beach, Virginia, on the loth day of 1986. A@ TIU CON..rT.Yr AS TO FORM CITYA EY - 14 - Item II-I.l.a/b/c/d/e. RESOLUTIONS - INDUSTR@ DEVELOPMENT REVENUE BONDS ITEM # 25069 Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council ADOPTED the following Resolutions approving the issuance of INDUSTRIAL D@PMENT REVENUE BONDS: BERT AND ARLENE H. LOWENTHAL $1,350,000 BIRDNECK PARTNERSHIP $6,000,000 SEA STAR CORPORATION $7,561,450 COLUMBUS BUSINESS CENTER II $3,000,000 MICHAEL E. WOOD, WILLIAM R. WOOD ANDRE EVANS, ROGER GRAY, GORDON GPAY $5,000,000 Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, H. Jack Jennings, Jr. and J. Henry McCoy, Jr., D.D.S. - 14 a SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT -REVENUE BOND 1. Project Name: Bert and Arlene H. Lowenthal 2. Project Location: South Side of the 4100 Block of Virginia Beach Boulevard, Virginia Beach, Virginia 3. Description of Project: ACQUISITION OF APPROXIMATELY 51,000 SQUARE FEET OF LAND AND CONSTRUCTION AND EQUIPPING THEREON OF A 11,000 SQUARE FOOT (APPROXIMATE) SALES, MANUFACTURING, REPAIR, SERVICE AND DISTRIBUTION FACILITY 4. Amount of Bond Issue: $1,350,000.00 5. Principals: BERT LOWENTHAL ARLENE H. LOWENTHAL 6. Zoning Classification: (a) Present zoning classification of the property? B-2 (b) Is rezoning proposed? Yes No x (c) If so, what zoning classification? N/A REDA/5344.5.C FISCAL IMPACT s,rATEMENT FOR PROPOSED INDUSTITIAL REVENUE BOND FINANCING L)A'I'L@ ; JANUARY 1986 '1,0: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA elit)JLCT NAME: BERT AND ARLENE H. LOWENTHAL 4@YPE C)F FACILITY: 11,000 SQUARE FOOT SALES, MANUFACTURING, REPAIR, SERVICE AND DISTRIBUTION FACILITY TO BE CONSTRUCTED ON APPROXIMATELY 51,000 SQUARE FEET OF LAND LOCATED ON THE SOUTH SIDE OF THE 4100 BLOCK OF VIRGINIA BEACH BOULEVARD, VIRGINIA BEACH, VIRGINIA 1. Maximum amount of financing sought $1,350.000.00 Estimated taxable value of the fdCility'S $1,350,000.00 real property to be constructed in the inunicipality 3. Estimated real property tax per year using s 10,800.00 present tax rates 4. Estimated personal property tax per year $ 1.500.00 using present tax rates 5. Estimated merchants' capital (business $ 5,500.00 license) tax per year using present tax rates 6. Estimated dollar value per year of goods $ 125,000.00 &nd services that will be purchased locally Estimated number of regular employees on 22 year round basis '.verdge wmual salary per eii)pioyee $ 18,400.00 1 'I'lle ififormtition cont@ed in t@ Statement is based solely on f,ut@ ai-ict t!stimlites provicied by the Applicant, and the kuthority has ii,uue rLo inciependent investigation with respect thereto. City of Virginia Beach Developinent Authority Economic rmpact Statement 1. Amount of investment $ 1,350,009.00 2.. Amount of industr:Lal revenue band financing sought $ 1,350,000.00 3. Estimated taxable value of the facility's .r ad in the t .Gal propgrty to b* construct Ci Y of v@inia BeacIT 1,350, Wm. 00 4. Zatimat*d real property tax per year Using present tar rate $in,gnn-nn S. F.Stimated personal. proporty tax 6. Fconamic impact stat@t demnstrating the oveta.Ll ratu= ta- the ctty-. A,. Number of new jobs 7 R. Payroll genotatod T Av- Wage $15.noo C. Number of jobs retained 15 D.. Payroll. retained s 300,000 Av- wage $ 2n.000 C. Estimate of the @ue of goods and services purchased within thL- geographicr boundary of Virginia Beach by type (inventory, machinery, professional services, insurancp-, motor vehicles, etc.): Type Value T@.P.Cal & Acr!!niint-ing$ 2 5 , 0 0 0 , 0 0 Equipment & Supplies s 100,000.00 'rOTAL 0 F. Eatimated bu:Llding permit fee and other municipal fo*s $ 7,500.00 G. Estimated constructiort payroll $4sn non nn E. Eatimatod valut of construction material to be pu@asod w:Lthin the City of Virg@a Beach $ 350,000.90 1. Estimated number of construction jobs 50 J. Any other Ltems whictr the applicant. fe*ls the Auth*cLty-shou.Id be made aware of in ovaluatinq.t:h* proj*ct --t& the--s ite currently zoned for specific use being 7. for Lndustri&L revenue bond flnancing? Yes X proposad "a a-bond purchase aqre*m*nt/commitment been accepted by the applicant? (attach a copy) Yes - NO x 5. Will th* bond financincl closc- within 90 days from the date of adoption of the inducement resolution? Yes X No, - 10- Location of project (attach location map) Southside of 4100 block of Virqinia Beach Blvd., Virqinia Reach, VA 11. Explanation of alternative financing that has been rev-iewed-- for- project NONE, orn@pr-r nnr f-.- 4 ar- this time with conventional financi@g, T h*r*by C*rtify that th& information stated in the abovo Economic rmpact Statement i's accurato and t@ in a I resp*cts. BERT@(SWENTR@ 1 7 (Applicant) H. LOWENTli-AL @scri.bod and swam to before me this day of 1985. Notary-vubilic My Comission Expires: s RD TIIGTO.@ ..Ew CT. tEftft CT.1 C-8 ULE,v C- SHMORE-- 4.4 SEE R 1 4 PROJECT NAME: Bert & Arlene H. Lowenthal PROJECT ADDRESS: Southside of 4100 block, Virginia Beach Blvd. Virginia Beach, Virginia TYPE OF PRODUCT: Sales, Manufacturing, Repair, service and Distribution Facilities RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS BERT AND ARLENE H. LOWENTRAL WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application and plan of financing of Bert and Arlene H. Lowenthal (the "Purchasert') for the issuance of the Authority's industrial development revenue bonds in an amount estimated at One MiUion Three Hundred Fifty Thousand Dollars ($1,350,000.00) (the "Bonds") to assist in the financing of the Purchaser's acquisition of approximately 51,000 square feet of land on the south side of the 4100 Block of Virginia Beach Boulevard, Virginia Beach, Virginia, and in the construction and equipping of a 11,000 square foot (approximate) sales, manufacturing, repair, service and distribution facility (the "Facility"), and after proper notice in a newspaper of general cir- culation has held a public hearing thereon on January 14, 1986, pursuant to Section 15.1-1378.1 of the Code of Virginia, 1950, as amended; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City") to approve the issuance of the Bonds in compliance with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to Section 15.1-1378.1 Code of Virginia, 1950, as amended, a copy of the Authority's Resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reaso- nably detailed summary of the comments expressed at the public hearing, if any, as well as the Economic Impact Statement and other requested documents, have been filed with the Council of the City of Virginia Beach, Virginia; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, appro- ves the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of Bert and Arlene H. Lowenthal, to the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bonds, as required by -1- Section 103(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Purchaser; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the intereat thereon or other costs incident thereto except from the revenues and monies pledged therefore, and neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. ADOPTED by a majority of a quorum of the Council of the City of March 10 Virginia Beach, Virginia on 1986. REDA/5344.4.C -2- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND PROJECT NAME: BIRDNECK PARTNERSHIP FACILITY 2. LOCATION: South side of Old Virginia Beach Road approximately 1050 feet west of the intersection of Old Virginia Beach Road and North Birdneck Road 3. DESCRIPTION OF PROJECT: Multifamily Residential Rental Project containing 121 to 161 apartments 4. AMOUNT OF BOND ISSUE: $6,000,000 5. PRINCIPALS: Charles B. Davis, III and Kimberly Crosby 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property, A-2 b. Is rezoning proposed? No C. If so, to what zoning classification? FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: January 2, 1986 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Birdneck Partnership Facility TYPE OF FACILITY: Multifamily Residential Rental Project 1. Maximum amount of financing sought $6,000,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $5,500,000 3. Estimated real property tax per year using present tax rates $ 48,000 4. Estimated personal property tax per year using present tax rates $ 300 5. Estimated merchants' capital (business license) tax per year using present tax rates N/A 6. Estimated dollar value per year of goods and services that will be purchased locally $ 215,000 7. Estimated number of regular employees on year round basis 5 8. Average annual salary per employee $ 12,000 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. CITY OF VIRGINIA BEACH DEVELOPMEN,- AUTHORITY @Chairmig #elk Cop this eloc W." PA w@ 1 w@c W.k.F. USN PROJECT NAME: Birdneck Partnership Facility PROJECT ADDRESS: South side of Old Virginia Beach Road approximately 600 feet west of the intersection of Old Virginia Beach Road and North Birdneck Road TYPE OF PROJECT: Multifamily Residential Rental Pr,je,t RESOLUTION APPROVING THE ISSUANCE OF MULTIFAMILY RESIDENTIAL RENTAL REVENUE BONDS FOR BIRDNECK PARTNERSHIP WHEREAS, the City of Virginia Beach Development Authori- ty (the Authority), has considered the application of Birdneck Partnership, a Virginia partnership (the Company) whose address is Suite 101, Suhtai Court, Virginia Beach, Virginia 23451, for the issuance of the Authority's multi- family residential rental revenue bonds in an amount not to exceed $6,000,000 (the Bonds) to assist in financing of the Company's acquisition, construction, and equipping of a multifamily rental housing project containing between 121 and 161 units (the Facility) to be located on approximately 8 acres of land situated on the south side of Old Virginia Beach Road approximately 1050 feet west of the intersection of Old Virginia Beach Road and North Birdneck Road in the City of Virginia Beach, Virginia, and to be owned, operated or managed by the Company and has held a public hearing thereon on February 11, 1986; and WHEREAS, pursuant to Section 11.1 of Chapter 643 of the 1964 Acts of the General Assembly of Virginia (Chapter 643), as amended, the Authority has determined that (i) there is a significant shortage of affordable sanitary and safe residen- tial rental property in the City for individuals and families of low and moderate income and (ii) provision of financing of the Facility meeting the requirements of Section 103(b)(4)(A) of the Internal Revenue Code of 1954, as amended (the Inter- nal Revenue Code), by the Authority will be in the public interest and will benefit the inhabitants of the City through the promotion of their safety, health, welfare, convenience or prosperity; and WHEREAS, the Authority has requested the City Council (the Council) of Virginia Beach, Virginia (the City), to approve the issuance of the Bonds to comply with (i) Section 103(k) of the Internal Revenue Code, and (ii) Chapter 514 of the 1983 Acts of the General Assembly of Virginia (Chapter 514) and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the Virginia Code); and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a reasonably detailed summary of the comments expressed at the public hearing, if any, and the fiscal impact state- ment required by Chapter 514 and Section 15.1-1378.2 of the Virginia Code have been filed with the Council of the City; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City approves the foregoing recitals which are incorporated in, and deemed a part of, this Resolution as if fully set forth herein. 2. The Council of the City approves the issuance of the Bonds by the Authority, for the benefit of the Compa- ny, to the extent of and as required by Section 103(k) of the Internal Revenue Code, Chapter 514 and Section 15.1-1378.1 of the Virginia Code, to permit the Authority to assist in the financing of the Facility. 3. The approval of the issuance of the Bonds, as required by Section 103(k) of the Internal Revenue Code, Chapter 514, and Section 15.1-1378.1 of the Virginia Code, does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 4. In approving this Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable, and hereby disclaims all liability for, any damaqes to any person, direct or consequential, resulting from (1) the Authority's failure to issue bonds for the Facility for any reason, including but not limited to any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereaf- ter enacted; or (2) the Authority's failure for any reason after the issuance of bonds for the Facility to allocate a portion of its allowable industrial development bond volume to the Facility if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. 5. This Resolution shall take effect immediately upon its adoption. Adopted by a majority of a quorum of the Cougn, 1 of the ci City of Virginia Beach, Virginia, on March 10, 1 6 1986. 2 EXIIIBIT C F'ISCAL IMPACT STATEMENT k'Oll PROPOSED INL)USTRIAL REVENUE BOND FINANCING UA'l Deceiiiljc@r 13, 198@, THE CITY COUNCIL OF VIRGINIA BEACii, VIRcitilA ili,uJI:CT NAME: "'L.r CL)r@)LL,uti,)n Ue FACILITY; Motel 1.@ - 1. muxiinum amount of financing sought 7. C@ n 2. E@-,tiinsted taxable value of the facility's rual property to be constructed in the iiiunicipality -o. 00 3. E,-,Limated real property tax per year u@iilg present tax rates 4. L@Liiaited personal property tax per @,.jr using present tax rates 5. E@Li4nated merchants' capital (business Ilociii;e) tiax per year using present tax t,. L@ltiiiijted dollar value per yeir of goods @iid i;ervices that will be purchased locally -i L--rill,uLed nluliber of regular employees on 110 year round basis 1 U. AVer4ge annual s:-Iary per employee iiitormation contained in tlli!.- Statement is bisld Sol,!ly 6o f@cts and estimates provided by the Applicant, and Lhe A@ctiority has made no independent investigation with repect City of Virginia Beac.,h Development Authoritl, Economic ImPact Statement 1. Amount of investment $ 7,561,450.00 2. Amount of industrial revenue bond financing sought $ 7 561 450.00 3. Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach $ 10 200 000.00 4. Estimated real property ta.@ per year using present ta;@ rate $ 50 ooo.oo 5. Estimated personal property tax $ 6 000.00 6. Economic impact statement demonstrating the overall return to the City: A. Number of new jobs 100 B. Payroll generated o oNv. Wage $ C. Number of jobs retained 8 D. Payroll retained $ 0 Av. Wage $ E. Estimate of the value of goods and services purchased within the geographic boundary o.' Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type Value d $ 00 Insurance $ 00 $ 00 $ 00 $ 00 F. Estimated building permit fee and other municipal -'ees $ 00 G. Estimated construction payroll $ 900 ooo.oo H. Estimated value of construction material to be purchased withi, the City c)f Virginia Beach $2,000,000.oo Estimated nuirber of construction jobs 100 J. Any other items of v.,Iiich the applicant feel!i the Authority should be made aware of in evaluating the project -,.Sales taxes - Per vear (:it-v $60,000.0 Utilities tax 7. Is the site currently zoned for the use of being proposed for industrial revenue bond financing? Yes No 8. Has a bond purchase agreement/commitment been accepted by the appl4-cant? (attach a copy) Yes No 9. Will the bond financing close within 90 days from the date of adoption of the inducerlent resolution? Yes x No 10. Location of project (attach location map) Ocpan Front. ipach, Virainia 11. Explanation of alternative financing that has been reviewed for project Nnt availa I hereby certify that the information stated in the above Economic Impact Statement is accu.-ate and true in all respects. i . 3 1 -@, (Applicant) Subscribed and sworn to before me this day of , 1984. Notary Public My Commission Expires: I i Centre II Associates, a virginia limited partnership, to the extent of and as required by Section 103(k) of the Internal Reve- nue Code, to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bond, as required by Section 103(k), does not constitute an endorsement of the Bond or the creditworthiness of the Purchaser, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or consequen- tial, resulting from (1) the Authority's failure to issue bonds for the Project for any reason, including but not limited to any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enac- ted; or (2) the Authority's failure for any reason after the issuance of bonds for the Project to allocate a portion of its allowable industrial development bond volume to the Project if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. 3. The Authority, including its commissioners, offi- cers, employees and agents, shall not be liable and hereby disclaims all liability to any person for any damages, direct or consequential, resulting from the Authority's failure for any reason (including but not limited to any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects) after the issuance of a bond for the Project to allocate a por- tion of its allowable industrial development bond volume to the Project if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. 4. This Resolution shall take effect immediately upon its adop- tion. Adopted by a majority of a quorum of the Council of the city of virginia Beach, Virginia, on March 10, , 1986. CITY COUNCIL OF CITY OF VIRGINIA BEACH, VIRGINIA By: SUMKARY SHEET C;TY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1 PROJECT NAME: Michael E. Wood, William R. Wood, Andre Evans, Roger Gray and Gordon Haroer 2. LOCATION- Approximately 2 acres of land located at the north- east intersection of Newtown Road and Greenwich Road 3. DESCRIPTION OF PROJEc,r: office building 4. A-14OUNT OF BOND ISSUE: $5,000,000 5. PRINCIPALS: Michael E. Wood William R. Wood Andre Evans Roger Grav Gordon Haroer 6. ZONING CLASSIFICATION: a. Present zoning classificatioli of the property.: I-1 and B-2 b. Is rezoning proposed? No C. If so, to what zoning classification? N/A z FISCAL IMPACT S'RATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: 'JAnuary 15, 1986 TO:. THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Mic@ael E. Wood, William R. Wood, Andre Evans, Roger Gray & Gordon Harper TYPE OF FACILITY: Office Building 1. Maximum amount of financing sought $ 5.OOO.OnO- 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 4,800,000 Est@imated real property tax per year using present tax rates $- 38,880 4.. Estimated personal property tax per year using present tax rates $- 40, 000 5. Estimated merchants' capital (business license) tax per year using present tax 20,000 rates 6. Estimated dollar value per year of goods and services that will be purchased 780,000 locally 7. Estimated number of regular employees on 100 year round basis $ B. Average annual salary per einployee $ irl_rldn The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto% City of Virginia Beach Developmerit Author ECONOMIC IMPACT STATEMENT 1. Amount of investment $ 5,000,000 2. Amount of industrial revenue bond financing sought $ 5,000,000 3. Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach $ 4,gnn,nno 4. Estimated real property tax per year using present tax rate $ 38,800 5. Estimated personal property tax $ 42,000 6. Economic impact statement demonstrating the overall return to the city: A. Number of new jobs 100 possible B. Payroll generated $ 1,664,000 Av. Wage 16,640 C. Number of jobs retained N.A D. Payroll retained $ N/A Av. Wage E. Estimate of the value of goods and services purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type Value Tnvpntnrg L silpplips $ 4no-nnn Ma(,h i nprll $ innllnno Professional services $ 60,000 Insurance $ 20,000 TOTAL 780,000 F. Estimated building permit fee and other municipal fees 28,595 G. Estimated construction payroll 1,200,000 H. Estimated value of construction material to be purchased within the City of Virginia Virginia Beach 1,000,000 I. Estimated number of construction jobs 110 J. Any other items which the applicant feels the Authority should be made aware of in evaluating tne project Thp prnjt-@t .... 11 nrnuia. @-w inhq anA int,rt-aqp +-I,- i-.@ ),... 7. Is the site currently zoned for the specific use being propos*d for industrial revenue bond financing? Yes y No 8. Has a bond purchase agreement/commitment been accepted by the applicant? (attach a copy) Yes No X 9. Will the bond financing close within 90 days from the date of adoption of the the inducement resolution? Yes No X Will close within six months 10. Location of project (attach location map) N.E. corner of Newtown and Greenwich Roads 11. Explanation of alternative financing that has beeIT-revi for- - project none I hereby certify that the information stated in the above Economic Impact Statement is accurate and true in all respects. tApplicant) Subscribed and sworn to before me this day of 1986. Notary Public My Commission Expires: f 9 BAI ell OF PROJECT: Michael E. Wood, William R. Wood, Andre Evans, Roger Gray, Gordon Harper ADDRESS OF P-ROJECT: ADprbximate lv two acres of 1 nd.1 a ocated at the northeast.intersection of @iewtown Road and Greenwich Road ,-.-TYPE OF PROJECT: Commercial Office Building RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVEL<)PMENT REVENUE BONDS FOR MICHAEL E. WOOD, WILLIAM R. WOOD, ANDRE EVANS, ROGER GRAY, AND GORDON RARPER WHEREAS, the City of Virginia Beach Development Authority (the Authority) has considered the application of Michael E. Wood, William R. Wood, Andre Evans, Roger Gray, and Gordon Harper, or any partnership of corporation of which they or any of them are a partner or shareholder (the Company), for the issuance of the Autnority's industrial development revenue bonds in an amount not to exceed $5,000,000 (the Bonds) to assist in the financing of the Company's acquisition, construction, and equipping of a 50,000 square foot office building (the Facility) to be located at the northeast corner of the intersection of Newtown Road and Greenwich Road, in the City of Virginia Beach, Virginia, and has held a public hearing thereon on February 11, 1986, and WHEREAS, the Authority has requested the City Council (the Council) of Virginia Beach, Virginia (the City), to approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to SS15.1-1378.1, Code of Virginia, 1950, as amended, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have beaft filed with the Council of the City of Virginia Beach, Virginia; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approve the issuance of the Bonds by the City of Virginia Beach Development Authority for tlie benefit of Michael E. wood, William R. Wood, Andre Evans, Roger Gray, and Gordon Harper or any partnership or corporation of which they or any of them are a partner or shareholder, to the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bonds, as required by Section 103(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Company; buti pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or ot-ner costs incident thereto except from the revenues and monies pledged therefor, and neither the faith nor credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or consequential, resulting from (1) the Authority's failure to issue bonds for the Facility for any reason, including, but not limited to, any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax exempt bonds by the Authority is restricted by any state or federal statute now or hereafter. enacted; or (2) the Authority's failure for any reason after the issuance of bonds for the Facility to allocate a portion of its allowable industrial development revenue bond volume to the Facility if the issuance of tax exempt bonds by the Authority in restricted by any state or federal statute now or thereafter enacted. -2- 4. This Resolution shall take effect immediately upon its adoption. Adopted by a majority of a quorum of the Council of the City of Virginia Beach, Virginia, on March 10 1986. 011514/gmd/COM -3- - 15 - Item II-J.1 ORDINANCE ITEM # 25070 Attorney Robert Cromwell represented Giant Square Shopping Center Upon motion by Vice Mayor McClanan, seconded by Councilman Baum, City Council DEFERRED for one week until the City Council Meeting of March 17, 1986: ORDINANCE AUTHORIZING CONVERSION OF A NONCONFORMING USE LOCATED AT 444 SOUTH LYNNHAVEN ROAD (PROPERTY OF GIANT SQUARE SHOPPING CENTER COMPANY). This Ordinance was DEFERRED to enable incorporation of the hours of operation of the BINGO HALL within said Ordinance. Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, H. Jack Jennings, Jr. and J. Henry McCoy, Jr., D.D.S. A meetinq of the Council of the City of Virqinia Beach, Virqinia, was held in the Council Chambers, in the Adminis- tration Building, on the 10 day of 1986. Counci@Fe M rch On motion by ntess and seconded by Councilman Baum the fol o@w- ing Resolution was adopted. RESOLUTTON APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR SEA STAR CORPORATION WHEREAS, the City of Virginia Beach Development Authori- ty (the Authority), has considered the application of Sea Star Corporation (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $7,561,450 (the Bonds) to assist in the financ- ing of the Company's construction and equipping of a motel building of approximately 100,000 square feet plus parking facility (the Facility) to be located at 1801 Atlantic Avenue in the City of Virginia Beach, Virginia, and to be owned by the Company, and has held a public hearing thereon on January 14, 1986; and WHEREAS, the Authority has recommended that the City Council (the Council) of City of Virginia Beach, Virginia (the City), approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended, and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended; WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a reasonably detailed summary of the comments expressed at the public hearing with respect to the Bonds and a state- ment in the form prescribed by Section 15.1-1378.2 of the Code of Virginia of 1950, as amended, have been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The recitals made in the preambles to this Resolu- tion are hereby adopted as a part of this Resolution. 2. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bonds by the City of Virginia Beach Development Authority to assist in the financing of the Facility for the benefit of the Company, to the extent of and as required by Section 103(k) of the Internal Revenue Code of 1954, as amended. 3. The approval of the issuance of the Bonds, as required by such Sections 103(k) and 15.1-1378.1, does not constitute an endorsement of the Bonds or the creditworthiness of the Company, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Conunonwealth, the City, or the Authority shall be pledged thereto. 4. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on March 10 1986. 2 SUMMARY SHEET CITY OP VIRGINIA BEACH DEVELOPMENT AU@HORITY INDUSTRIAL DEVELOPMENT REVENUE BOND PROJECT NAME: Sea Star Corporation 2. LOCATION: 13th and Ocean 7r nt "irciinia '-each. '7irginia 3. DESCRIPTION OP PROJECT: Construct Motel and Equip aMotel 100,000 square foot pa@king 4. AMOUNT OP BOND ISSUE: n7,;61,450.00 S. PRINCIPALS: Elsie @. Chaplain Suzanne C. Goldsticker russell 1,1. Ch..aplain, Tr. Tlilliam '7. ChaiDlain 6. ZONING CLASSIFICATION: a. Presgnt zonit,,l classificatiort of the Property H-2 b. Is. rezoning proposed? Yes No X C. If so, to what zoning classification? d N,,k d $.t.. Djedt Location PROJECT NAME: Ocean Sands Holdinq Co., Inc. (sea star Corporation) PROJECT ADDRESS: 1801 Atlantic Avenue Virgin i@i@ , Virginia 23451 TYPE OF PROJECT: Motel, Facilitv SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Columbus Business Centre II Associates Proje 2. LOCATION: 1.5155 acre parcel at southwest corner of tiiLei5euLtuil uf r,,cttai,t itu.1d a@id %-tcveland Street, Virginia Beach, Virginia 3. DESCRIPTION OF PROJECT: 38,045 square foot, four story commer- cial office buildinq 4. AMOUNT OF BOND ISSUE: $3,000,000.00 5. PRINCIPALS: E. Kenneth Day M. Richard Epps 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property T-1 b. Is rezoning proposed? Yes No x c. If so, to what zoning classification? FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Columbus Business Centre II Associates Project TYPE OF FACILITY: Commercial Office Building 1. Maximum amount of financing sought $ 3,000,000.00 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 2,715,000.00 3. Estimated real property tix per year using present tax rates $ 21,720.00 4. Estimated personal property tax per year using present tax rates $ 1,000.00 S. Estimated merchants' capital (business license) tax per year using present tax rates $ -0- 6. Estimated dollar value per year of goods and services that will be purchased locally s 22,000.00 7. Estimated number of regular employees on year round basis $ 105 B. Average annual salary per employee $ 35,000.00 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with r thereto. City of Virginia Beach Development Authority *Note: Figures indicate estij es for Columbus Business Centre II ASSOC a e include estimates relative to taxes and expenditures attributable to tenants of the Project. **Note: Figures are based upon the number of employees of and salaries paid by tenants of a comparable office building in the same general location as the Project. Economic Impact Statement 1. knount of investment 3,000,000 2. Amount of industrial revenue bond financing sought 3,000,000 3. Estimated taxable value of the faciltty's real property to be constructed in the City of Vir 4in@ia"B*each 2,715,000 4. Estimated real property tax per year uting present tax rate 21,720 5. Estimated personal property tax 1 nno 6. Economic impact statement demonstrating the overall return to the city: A. Number of new jobs 105 B. Payroll generated $3,675,000 Av. Wage S 35,000 C. Number of jobs retainiad N/A 0 D. Payroll retained $ N/A Av. Wage $ N/A E. Estimate of the value of goods and services purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type Value Insurance. Janitorial services Building maintenance TOTAL $22,000 *Note: Figure does not include taxes or expenditu.res by Project tenants. F. Estimated building permit fee and other municipal fees S 47,500.00 G. Estimated construction payroll $834,000.00 7 H. Estimated value of construction material to be purchased within the City of Virginia Beach $1,251,000 1. Estimated number of construction jobs 55 J. Any other items which the applicant feels the Authority should be made aware of in evaluating the project Project is a continuation of the commercial development of the C61udbus LOOP/L;QIMMub @LLt:t2t 1 district and will offer first calibre office space for new business and national concerns seeicincl to reiocate tn vt.Lytiit.1 Buat;tl 7. Is the site currently zohed for the use of being proposed for industri.-.1 revenue bond financing? Yes X No B. Has a bond purchase agreement/commitment been accepted by the applicant? (attach a,copy) Yes x No 9. will the bond financing close within 90 days from the date of adoption of the inducement resolution? Yes X No 10. Loocation of project (attach location map)1.5155 acre parcel at southwest corner of intersection of Kellam Road and Cleveland Street 11. Explanation o f alternative financing that has been reviewed for project Economic feasibility of project is doubtful at conventional financing rates in view ot cons ru rng fi)Zst calibre office space versus prevailing rental rates.- I hereby certify that the infomation stated in the above Economic Impact Statement-is accurate and true in all respects. COLUMBUS BUSINESS CENTRE II ASSOCIATES By: TApplicant) Michael B. Hamar, Attorney Subscribed and sworn to before me this day of 1984. Notary Public My Commission Expires: PROJECT NAME: Columbus Business Centre II Associates Project PROJECT ADDRESS: 1.5155 Acres at Southwest Corner of intersection of Kellam Road and Cleveland Street, Virginia Beach, Virginia TYPE,OF PROJECT: Commercial office Building RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND FOR COLUMBUS BUSINESS CENTRE II ASSOCIATES WHEREAS, the city of Virginia Beach Development Authority, whose address is 770 Lynnhaven Parkway, Suite 200, Virginia Beach, Virginia 23452 (the "Authority') has considered the application of Columbus Business Centre II Associates, a Virginia limited partnership, whose address is 4701 Columbus Street, Suite 300, Virginia Beach, Virginia 23462 (the "Purchaser"), for the issuance of the Authority's industrial development revenue bond in an amount estimated at not more than $3,000,000.00 (the "Bond") to assist in the financing of the Purchaser's acquisition, construction and equipping of an approximately 38,045 square foot, four (4) story commercial office building facility (the "Project") to be located on a 1.5155 acre parcel of land located at the southwest corner of the intersection of Kellam Road and Cleveland Street, Virginia Beach, Virginia, to be owned and operated by the Purchaser, and has held a public hearing thereon on February 11, 1986; and WHEREAS, the Authority has requested the City Council (the "Council") of the City of Virginia Beach, Virginia (the "City") to approve the issuance of the Bond to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to S15.1-1378.1, Code of Virginia, as amended, a copy of the Authority's resolution approving the issuance of the Bond, subject to terms to be agreed upon and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bond by the City of Virginia Beach Development Authority, for the benefit of Columbus Business - I - - 16 - Item II-K CONSENT AGENDA ITEM # 25071 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5 and 6. Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, H. Jack Jennings, Jr., J. Henry McCoy, Jr., D.D.S. March 10, 1986 - 17 - Item II-K.1 CONSENT AGENDA ITEM # 25072 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED: RESOLUTIONS IN RECOGNITION Ruby Christian PERSONNEL BOARD Florence Turner HISTORICAL REVIEW BOARD Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, H. Jack Jennings, Jr., J. Henry McCoy, Jr., D.D.S. 17a RESOLUTION IN RECOGNITION WHEREAS; The history of America is one of a nation of people helping other people -- joining together to build a better society dedication and commitment; WHEREAS: Life is so unpredictable! No day comes backl Life is short at bestl That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: Ruby Christian served as the City Employee representative on the PERSONNEL BOARD from March 7, 1977 through February 28, 1986. Throughout these nine years her dedication and unselfish service have involved personal sacrifices and ihconveniences, not only to her but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled this Tenth day of March, Nineteen Hundred Eighty-Six, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: RUBY CHRISTIAN Given under my hand and seal, Mayor - 17b RESOLUTION IN RECOGNITION WREREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society dedication and commitment; WHEREAS: Life is so unpredietable! No day comes backl Life is short at besti That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: Florence K. Turner served on the HISTORICAL REVIEW BOARD from August 11, 1975, through October 2, 1985. Throughout these ten years her dedication and unselfish service have involved personal sacrifices and inconveniences, not only to her but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled this Tenth day of March, Nineteen Hundred Eighty-Six, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: FLORENCE K. TURNER Given under my hand and seal, Mayor - 18 - ITEM II-K.2 CONSENT AGENDA ITEM # 25073 Upon motion by Councilman Louis Jones, seconded by Councilinan Fentress, City Council ADOPTED: Ordinance authorizing certain changes in Campensation for certain City Council Appointees Voting: 8-0 Council Members Voting Aye: Joha A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, H. Jack Jennings, Jr., J. Henry McCoy, Jr., D.D.S. - 18a AN ORDINANCE AUTHORIZING CERTAIN CHANGES IN COMPENSATION FOR CERTAIN CITY COUNCIL APPOINTEES WHEREAS, City Council has provided for a merit increase for full-time pemanent employees, and WHERE, based on this system, City Council desires to make certain changes in compensation for certain City Council appointees, and WHEREAS, these changes in compensation will require additional funds for FY86 of $4,508 in salaries and fringe benefits for those positions affected. WHEREAS, the necessary funds are available by transfer within the respective department budgets. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that the following changes in compensation for Council appointees are hereby approved: 1. City Assessor - Annual salary increased by $3.500 effective January 1, 1986 2. City Attorney - Annual salary increased by $2,000 effective January 1, 1986 3. City Clerk - Annual salary increased by $2,000 effective January 1, 1986 BE IT FURTHER ORDAINED that appropriations totaling $4,508 be transferred within the respective department budgets to provide for these changes in compensation for these positions. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on Tenth day of March 19 86 march 10, 19886 - 19 - ITEM II-K.3 CONSENT AGENDA ITEM # 25074 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to Transfer $23,000 of Capital Project Funds to provide sufficient financing to award the design contract for North Beach Storm Drainage, Phase III Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. lienley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, H. Jack Jennings, Jr., J. Henry McCoy, Jr., D.D.S. 19a z z 0 0 a AN ORDINANCE 70 $23,000 ui 0 OF CAPITAL PROJE= FUNDS 70 a. SUFFICIENT FINANCING TO THE DESIGN CONTRACT FOR BEACH STORM PHASE III the Capital Impravment Program budget includes avaiuw* financirig of $164,000 to begln design work an North Beach Storm iii with funds to be avai@le begimirig fiscal year 1988-89, and , because tte estimated cost to desi@ this project is $187,000 and mly $164,000 is currently avai@le, a design cantzact cwmt be awarded, and , it @d be advan to perfom the design rxm so =mtructicn can begin @ the additi@ funding be=m a@lable in f year 1988-89, and , the additional $23,000 for the of the design contr-act may be provided by the trarm3fer of appropriaticns frcm project #2-w4 North Beach Drainage Phase II. NOW, BE IT 13Y THE OCUNCIL OF THE CITY OF VIMINIA BEACH, VIMMU that $23,000 be trarisferred frcm project *2-804 North Beach Drainage - Phase II to project #2 @ 2 North Beach - iii to provide sufficient furxis for this design. This ordinarwe shall be effective frcm the date of its @tion. Adapted by the Om=il of the City of Vir-ginia Virginia an the day of 1986. PWO - 20 - Item II-K.4 CONSENT AGENDA ITEM # 25075 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council APPROVED upon FIRST READING: Ordinance to accept and appropriate $15,000 from Tidewater Children's Foundation and $7,500 from the Chesapeake School Board to establish a temporary position for the Pendleton Child Service Center for the School-Based Intervention Module Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, H. Jack Jennings, Jr., J. Henry McCoy, Jr., D.D.S. 20a 0 0 LU 0 M ORDINANCE TO ACCEPT $15,000 MM 0 TMEWATER CHI IS TION AND z $7,5W FROM THE SCHOOL BOARD U-[ TO ESTABLISH A POSITION > LU 0 AND TO APPROPRIATE THESE TO THE > CHILD SMMICE CENTER FOR 0 a. iL THE SCHOOL-BASED ION in the ftll of 1982, eton Child Service Center initi-ted a nm service to and Virginia el@tary le that irr4olved a 9 training program for clmroome, emphasizing cation and problem solving skills to positive interactions betwmn problem children wd their poors, and , over forty classrooms haw particlpated in this now mmice allowing classroon t re to bewiorul t tecbni@, WA , the enthusiastic to the oonoopt has ted tm Child Service Center to investigate the powlbilities of this progrm m a preventative servioe, and eton Child Seivice Canter requested funds from the T tor Children's tion and the School @lntendent to ftmlop a formsaized training progrm including video tation of the concepts, a mar--I, t tools, and tq establish one t position, and , the Tidemter Children's tion has approved a grant of $15,000 to fund two-thirds of the cost of this program, and the School @rin t has to provide $7,500 to fund the remaining one-third. NOW, BE IT BY THE OMMIL OF THE CITY OF VIMNM BEACH, -VIM@ that funds be accepted from the Tldewater Chilron's tion and the School Superintendent in the @ts of $15,000 and $7,500 tively. BE IT that these funds be iated In the otm Child Service Center Fund for the School-Based Intervention Module and one positim be wtablishad as ibed herein. This ordinance shall be in effect frcm the date of its @im. Adopted by the Coumil of the City of Virginia Virginia m the day of 1986. First Paariing: PM 4/ORDPML March 10, 1986 - 21 - ITEM II-K.5 CONSENT AGENDA ITEM # 25076 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the right-of-way known as Kempsville Road to Runnymede Corporation, its assigns and successors in title This encroachment shall be subject to: 1. The owner agrees to remove the encroachment when notified by the City, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become uisightly or a hazard. 4. The owner agrees to maintain said encroachment when notified by the City of Virgiiia Beach, at no expense to the City. 5. A highway permit must be obtained and a bond posted prior to commencing work within the City's right- of-way. 6. No open cut will be allowed if the S-5 is down on the pavement. 7. Prior to any work in the right-of-way, contractor is to notify and coordinate with the Virginia Department of Highways' contractors and the State inspector, Bill Richardson (phone 497-0663). Voting: 8-0 Council Members Voting Aye: JohTi A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, H. Jack Jennings, Jr., J. Henry McCoy, Jr., D.D.S. - 21a AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY KNOWN AS KEMPSVILLE ROAD TO RUNNYMEDE CORPORATION, ITS ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, the Runnymede Corporation, its assigns and successors in title are authorized to construct and maintain a temporary encroachment into a portion of the City's right-of-way known as Kempsville Road. That the temporary encroachment herein authorized is for the purpose of a private 2-inch sanitary sewer force main to serve Kempsville Road Professional Center and that said encroachment shall be constructed in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Kempsville Road, as shown on that certain plat entitled: "RIGHT-OF-WAY ENCROACHMENT PLAT OF 2' SAN. FORCE MAIN FOR KEMPSVILLE RD. PROFESSIONAL CTR.," prepared by Miller-Fox-Stephenson, P.C. Engineers, Surveyors & Planners, a copy of which is on file in the Virginia Beach Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of Runnymede Corporation, its assigns and successors in title and within thirty (30) days after such notice is given, said encroachment shall be removed from the City's right-of-way known as Kempsville Road by the Runnymede Corporation and that the Runnymede Corporation, its assigns and successors shall bear all costs and expenses of such removal. March 10, 1986 21b And PROVIDED FURTHER, that it is expressly understood and agreed that the Runnymede Corporation, its assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment; and PROVIDED FURTHER, this ordinance shall not be in effect until such time that the Runnymede Corporation executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions and other provisions deemed appropriate by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on thelotil day of March 19@. CLL/rab 2/18/86 (29) -2- 21c PVC 5A)V. FAI -i)F- WAV CAiCitO@14lt4,5AJT @Ar C).- 2" SAAJ. ROJCCE @IAJ @Ic - @PSIVILLE K,9. cre MILLER - FOX - STEPHENSON, P.C. ENGINEERS, SURVEYORS & PLANNERS 204 GRAYSON ROAD, VIRGINIA BEACH, VIRGINIA 23462 (804) 490-9264 March 10, lgk 22 - Item II-K.6 CONSENT AGENDA ITEM # 25077 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council APPROVED: RAFFLE PERMITS Junior Class of Princess Anne High School Beth Chaverim Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, H. Jack Jennings, Jr., J. Henry McCoy, Jr., D.D.S. March 10, 1986 - 23 - Item II-L.1 CONFLICT OF INTERESTS ORDINANCE ITEM # 25078 Vice Mayor McClanan and Councilman Fentress comprised the COMMITTEE to review the CONFLICT OF INTERESTS ORDINANCE and prepare a REVISED edition. Vice Mayor McClanan and Councilman Fentress extended appreciation to the City Attorney's Staff with particular emphasis on City Attorney Dale Bimson, Assistant City Attorney Charles Strauss and Assistant City Attorney David Hay. Compliments for outstanding endeavors were extended to Sheila Martin, Deputy City Clerk, Office of the City Clerk. Sheila assisted the City Council Committee in preparing numerous rough DRAFTS of this proposed ORDINANCE until its presentation here today. The MAYOR'S CODE OF ETHICS COMMITTEE is to be highly commended for their initial presentation of this Ordinance. Letters and suggestions from fellow Council Members were greatly appreciated. The COMMITTEE has endeavored to maintain the basic content and feeling incorporated within the Original Ordinance. The COMMITTEE also requested the City Attorney's Office to RED@ the CODE OF ETHICS in the form of a RESOLUTION. The phraseology is a bit different, but essentially has the same meaning. The basic content and feeling were incorporated into the last paragraph of this RESOLUTION concerning elected and appointed officials of the City of Virginia Beach: "Their conduct in both their official and private affairs should be above reproach, and in that regard they will not use their offices for private gain." This is an embodiment of all the preceeding paragraphs. All the DEFINITIOUS remained the same. The section involving matters of personal interest considered notable was eliminated as same was rather cumbersome with the exception of item involving Real Estate and this was added as c. under Section IV DISCLOSURES 4. Real Estate. SECTION V - DISCLOSURE REPORTS: One section of this was changed. The intent of the Mayor's Committee was excellent; however, the Council Committee prefers the individuals disclose their interest after the matter is voted upon. Considerable time was involved concerning the ENFORCEMENT of the CONFLICT OF INTERESTS ORDINANCE and several good ideas were secured. The Committee is requesting the Council ADOPT the proposal as suggested with a SPECIAL LEGAL ADVISOR/PROSEGUTOR. When the General Assembly RECONVENES next year, authority will be requested to have the Circuit Court Judges appoint the SPECIAL LEGAL ADVISOR/PROSECUTOR. The DISCLOSURE FORM contains minor changes in wording and the value of gifts received has been raised from $100 to $250. Issues which still entail confusion involve the DEFINITION of a "Business Entity". Under POLITICAL CONTRIBUTIONS, the amount of the contribution required for disclosure was stated as "more than $500". DISCLOSURES should be filed prior to July Fifteenth rather than January First. Further discussion of this Ordinance is SCHEDULED for the City Council Meeting of March 17, 1986. - 24 - Item II-M.I. NEW BUSINESS ITEM # 25079 Robert Matthias, Intergovernmental Relations distributed information relative STATUS OF VIRGINIA BEACH LEGISLATIVE PACKAGE / ISSUES OF STATEWIDE ST Robert Matthias, as per Couucil request, reiterated the history of HOUSE BILL NO. 42. The Tree Protection Ordinance was introduced and received much opposition most especially from the Virginia Home Builders Association. The Subcommittee of the Committee of Counties, Cities and Towns thus basically eliminated this section: (f) Tree protection: To establish by ordinance reasonable rules, regulations and schedules for planting trees in areas where trees have been destroyed by the construction process. This House Bill then went to the Senate. There was a farily large amount of discussion concerning the Tree Protection Clause in the Senate Local Government Committee as well as the Charter Bond Limit Change. The Bill was referred back to the Subcommitee where once again the Home Builders Association reiterated the inappropriateness of same. This Tree Protection Clause was eventually stricken from the BILL. HOUSE BILL NO. 42 passed both the House and the Senate and is currently awaiting the signature of the Governor to allow the City of Virginia Beach authority to Issue Bonds up to $8 MILLION per year for a period of ten years for the purpose of roads, highways and bridges. Approximately the same time, Delegate Woodrum had introduced HOUSE BILL 512, which passed both the House and the Senate: "Planting of trees destroyed during construction. Any county, city, or town may establish reasonable rules, regulations, and schedules for planting trees in areas dedicated for public use where trees have been destroyed in the construction process. This provision shall not affect the validity of any local ordinance adopted pursuant to any other provision of law." A Copy of this HOUSE BILL is hereby made a part of the record. The Mayor referenced HOUSE BILL 199, ABANDONED VEHICLES, which passed both the HOUSE and SENATE. Mr. Matthias responded the time limit for abandoriment of a vehicle has been reduced from 90 to 60 days. Councilwoman Oberndorf referenced HOUSE BILL 111, ALTERED SUSPENSION. A bumper on a truck is not always compulsary. Mr. Matthias advised this Bill is still enforceable. If the vehicle does not have a bumper, the measurement of the frame will be considered. This BILL passed the General Assembly establishing bumper height standards of 28" - GWR 4500 pounds or less/ 29" - GWR 4500 to 7500 pounds. Councilman Fentress inquired concerning HOUSE BILL 599, DILLON RULE. The DILLON RULE is a Court Decision that limits the powers municipalities possess to that expressly given them by the Legislature. The City wished this reversed. This received very unfavorable reaction. - 25 - item II-M.2- NEW BUSINESS ITEM # 25080 Upon motion by Councilman Louis Jones, seconded by Councilman Robert Jones, City Council AUTHORIZED the City Manager: Proceed with a Letter of lutent to the Erosion Commission to enter into a one-year agreement with the Commission whereby the Commission would be required to meet specified performance measures. Develop specifications to purchase a new dredge. Develop a Request for Proposal for a contract dredging of Rudee Inlet in order to be able to quickly respond to an emergency situation should same arise. Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, H. Jack Jennings, Jr. and J. Henry McCoy, Jr., D.D.S. - 26 - Item II-M.3. NEW BUSINESS ITEM # 25081 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED: ORDINANCE TO TRANSFER APPROPRIATIONS TO PROJECT if2-412 VIRGINIA BEACH BOULEVARD - PHASE 1. ($991,185) Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, H. Jack Jennings, Jr. and J. Henry McCoy, Jr., D.D.S. *VERBAL VOTE - 26a AN ORDINANCE TO TRANSFER APPROPRIATIONS TO PROJECT #2-412 VIRGINIA BEACH BOULEVARD - PHASE I WHEREAS, in the adopted FY 1986-FY 1990 Capital Improvement Program, City Council approved project #2-412 Virginia Beach Boulevard - Phase I in the amount of $1,517,262 for the city share of the total estimated project cost of $16,214,940 and WHEREAS, the city share is based upon a joint financing agreement with the Virginia Department of Highways and Transportation with the amount in the FY 1986-PY 1990 Capital Improvements Program com- puted using preliminary estimates from that agency, and WHEREAS, current bid prices received by the Virginia t Department of Highways and Transportation have resulted in the city share of the project cost to increase to $2,508,447, and WHEREAS, in order to proceed with the project the city needs to fund the additional $991,185 in city share, and WHEREAS, the additional funding may be provided by the transfer of appropriations from the Reserve for Future Capital Projects in the Engineering and Highways General Revenue Capital Projects Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that appropriations in the amount of $991,185 are hereby transferred from the Reserve for Future Capital Projects to project #2-412 Virginia Beach Boulevard - Phase I and BE IT FURTHER ORDAINED, that the City Manager is authorized to enter into an agreement with Virginia Department of Highways and Transportation for the construction of project #2-412 Virginia Beach Boulevard - Phase 1. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the lnt-h day of Mareli l98A6 CAC/3 ORD8 March 10, 1986 - 27 - Item II-M.4 NEW BUSINESS ITEM # 25082 ADD-ON Director of Planning, Robert Scott, distributed to City Council copies of Growth Impact Analysis for the Courthouse-Sandbridge Study Area prepared by liarland Bartholomew and Associates. Robert Scott referenced the TIMETABLE ON VARIOUS PLANNING STUDIES reiterated to City Council on February 18, 1986. This material will be studied in conjunction with the MASTER. STREET AND HIGHWAY PLAN findings to generate a number of choices as to how the road system would be planned and the basis to consider movement or retention of the GREEN LINE. This report is most beneficial as a source of information and as an explanation of relationships involving the "over-all" picture. Vice Mayor McClanan advised there were many assumptions with which she did not agree in the report. Robert Scott advised the report is simply saying if certain events occur, the following will result. Mr. Scott agreed that the density, road system or time schedule should not be decided now. These must be studied further after ali the implications are understood. The flexibility to deviate from any of the factors in the report must be present. This is the value of presenting Council with a number of alternatives to choose from before anything in the way of decisions is discussed. Staff will provide Council with various alternatives describing a particular level of density, a particular timing of the development associated with that density, a particular level of road improvements, a level of expenditure and a level of service. As requested, the Staff will reduce the number of alternatives that are neither feasible nor viable to three or four fairly broad OPTIONS. March 10, 1986 - 28 - Item II-M.5 NEW BUSINESS ITEM # 25083 ADD-ON Mayor Heischober requested time be allocated in the EXECUTIVE SESSION of March 17, 1986, for discussion of APPOINTMENTS. Item 11-M.6 NEW BUSINESS ITEM # 25084 ADD-ON The Mayor referenced the PROPOSED ORDINANCES: ORDINANCE TO AMEND AND REORDAIN SECTION 21-86 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO REFUND FOR UNUSED PORTION OF TAX ORDINANCE TO AMEND AND REORDAIN SECTION 21-76 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO PRORATION OF TAX These Ordinances have been SCHEDULED for Discussion at the City Council Meeting of March 17, 1986. Item II-M.7 NEW BUSI[NESS ADD-ON ITEM # 25085 The Mayor ANNOUNCED a SPECIAL PROGRAM on Channels 3, 10 and 13 at 3:00 P.M., Tuesday, March 11, 1986. The Mayor could not identify the nature of the programming as he had been sworn to secrecy. March 10 1986 - 29 - Item II-M.8 NEW BUSINESS ITEM # 25086 ADD-ON The Vice Mayor referenced OPENING CEREMONIES for the FRANCIS LAND HOUSE have been SCHEDULED for May 17, 1986. r h 1 1986 Item II-N.1 ADJOURNMENT ITEM 25087 Upon motion by Councilman Robert Jones and BY ACCLAMATION, City Council ADJOURNED the meeting at 4:05 P.M. BeverIP0. Hooks Chief Deputy City Clerk ,,Kuth HodgeeSmith, CMC M y. rold HeficHo'b@r City Clerk City of Virginia Beach Virginia March 10, 1986