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OCTOBER 14, 1985 MINUTES Cit@ C)-f N7ir-,-i@iel "WORLD'S LARGEST RESORT CITY" Cny COUNCIL MA YOR HAROLD HFJSCHOBER At VICE-MA YOR RFJA S. MCLANAN, P-.. A- B-gh JORNA. RAVM, Bi-@-@h NANCY A. CRFXCH, At Um. ROBERT E. @. V@ B.-A B-gh @ m @ @ B-Vh H. JARK JEAW)M@ JR.. L@ B-gh LOUIS R. JONES, B.V.& B-gh ROBFRT G. JONES. At L-g. J. HENRY M@COY, JR., K@@ B-"k MEYERA E OBFRNDORF. A, MI Cr7Y HAU BU@Z.VG Mv7vlClPAL CENM RU7'H HODGES SMRTH. CMC, C-ly CU,* CITY COUNCIL AGENDA VIRGINIA BEACH VIRGINIA SW6 #M 18041427.@ October 14, 1985 Virginia Beach City Council ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - I 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 BFACH CITY COUNCIL - Council Chambers - 2 FM A. INVOCATION: Reverend Glenwood Stevens Beachlawn Baptist B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CAT-1 OF CITY COUNCIL D. CITY MANAGER'S ADMINISTRATIVE ITEMS 1. Review of Consent Agenda E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS F. MINUTES 1. Motion to accept/approve the 14inutes of October 7, 1985. G. PLANNING 1. Application of Alan P. Chapman for a variance to Section 4.4(b) which requires that lot dimensions conform to the Comprehensive Zoning Ordinance. The site is located on the west side of Maharis Road, south of Lord Felton Lane (Bayside Borough). Recommendation: APPROVAL 2. Application of Mary Josephine Lilley for a conditional use permit for a borrow pit on an 11.01-acre parcel located on the east side of Oceana Boulevard, north of Credle Road (Lynnhaven Borough). DEFERRED by City Council September 16, 1985 until October 7, 1985. DEFERRED again October 7, 1985 to October 14, 1985. Recommendation: APPROVAL 3. Application of Steven H. Davidson for a conditional use permit for a single-family lin in the AG-1 Agricultural District on a 13-acre parcel located on the east side of Princess Anne Road, south of Fungo Ferry Road (Pungo Borough). At request of applicant on October 7, 1985, City Council granted DEFERRAL to October 14, 1985. Recommendation: APPROVAL 4. Application of Southeastern Free Will Baptist College for a conditional use permit for a temporary student dormitory on a 10,219.2 square foot parcel located at 267 Toy Avenue (Bayside Borough). Recommendation: ALLOW WITHDRAWAL 5. Application of Timothy A. and Stephanie S. Saunders for a conditional use permit for a home occupation (accounting practice) on a 21,780 square foot parcel located at 4992 Ravenswood Road (Kempsville Borough). Recommendation: APPROVAL 6. Application of JAMAR Associates for a change of zoninf. from 0-1 Office District to B-3 Central Business District on a 5.024 acre parcel locat d at the southwest corner of Bonney Road and Bendix Road (Kempsville Borough). Recommendation: APPROVAL 7 . Application of BROPA III for a change of zoning from 0-1 Office District to B-3 Central Business District on a T.-9 acre parcel located on the south side of Bonney Road, 257 feet west of Bendix Road (Kempsville Borough). Recommendation: APPROVAL 8. Application of Cordon Rudolph for a change of zoniae from R-6 Resideitial District to B-2 Community-Business District on a 1.57 acre parcel located at the northeast corner of Broad Street and Pennsylvania Avenue (Bayside Borough). Recommendation: APPROVAL 9. Application of Helen V. Standiug for a change of zonine from B-2 Community-Business District to B-4 Resort-Commercial District on a 28,822-square foot parcel located on the west side of North Birdneck Road, south of Bluebird Drive (Lynnhaven Borough). DEFERRED by City Council September 9, 1985. Recommendation: DENIAL 10. Application of Flora R. White et al for a change of zoning from R-8 Residential District to B-2 Community-Business District on a 1.435 acre parcel located on the south side of Indian River Road, west of Lake James Drive (Kempsville Borough). Recommendation: DENIAL 11. Application of Dixon and Van, Inc., and Irwin Hurwitz for a change of zoning. from R-8 Residential District to B-2 Community-Business District on a 33,904 square foot parcel located at the southeast corner of Indian River Road and Ferry Point Road (Kempsville Borough). Recommendation: DENIAL H. ORDINANCES 1. Ordinance to amend and reordain Section 21-464 of the Code of the City of Virginia Beach, Virginia, pertaining to playing on streets. a. Proposal Number 1 No skateboards on cul-de-sacs or dead-end streets. b. Proposal Number 2 Open nonarterial (cul-de-sac and dead-end) streets in residential areas to skateboards. DEFERRED by City Council October 7, 1985. 2. Ordinance, on SECOND READING, to amend and Reordain Chapter 35, Article V, of the Code of the City of Virginia Beach, Virginia, by ADDING Section 35-123 pertaining to Utility Tax for E-911 Telephone System, as amended. I. RESOLUTIONS Industrial Development Revenue Bonds 1. Resolution approving the issuance of Industrial Development Revenue Bonds: a. Behl Property Associates $6,000,000 b. Windsong Apartments, L.P. $6,300,000 c. F.C. Associates - $11,000,000 d. Pembroke Lake Apartment Associates - $12,000,000 e. The Jonathan Corporation - $5,000,000 f. RS, Inc. - $700,000 g. Carlton Arms Hotel Associates - $5,000,000 h. L.M. Sandler & Sons - $500,000 i. George S. Hazzis - $995,000 j. Shealy Hodges Corporation - $600,000 k. RARK Associates - $500,000 1. Cleveland Street, Inc. - $6,120,000 m. Aragona Boulevard, Inc. - $6,120,000 n. Virginia Reach General Hospital - $8,120,000 (to be issued by Henrico County) J. 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 motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Resolution by the Council of the City of Virginia Beach requesting the Congress of the United States of America to oppose the repeal of tax exemption for state and local governmental bonds. 2. Resolution by the Council of the City of Virginia Beach requesting that Congress of the United States of America oppose the elimination of deductability of state and local taxes from federal income taxes. 3. Ordinance to amend and reordain Section 21-233 of the Code of the City of Virginia Beach, Virginia pertaining to passing vehicles on the right side. 4. Ordinance to transfer $281,081 in the water and sever fund in fiscal year 1984-1985 to match appropriations and expenditures. 5. Ordinance to transfer $247,946 within the Jobs Bill Program and Comunity Development Funds. 6. Ordinance to correct property description for closure of a portion of Maynard Avenue adopted August 5, 1985. 7. Raffle Permits: Catholic Daughters of the Americas-Ct Stalla Maris #1881 Virginia Beach Festivals, Inc. Zeta Chapter of Beta Sigma Phi K. APPOINTMENTS 1. Hampton Roads Air Pollution Control District Commission 2. Historical Review Board 3. Transportation Safety Commission L. UNFINISHED BUSINESS M. NEV BUSINESS 1. Resolution to adopt parking lot landscaping specifications and standards to be utilized in connection with the administration of Section 5A, parking lot landscaping, of the Site Plan Ordinance. 2. Ordinance to amend and reordain Ordinance Number 486, Site Plan Ordinance, by ADDING thereto Section 5A pertaining to parking lot landseaping. 3. Ordinance to transfer $71,530 from the reserve for contingencies to fund two landscape inspection positions. 4. Municipal Center Haster Plan Update 5. 1986 Legislative Package N. ADJOURNMENT 8 Item II-G.2 MINUTES ITEM 24505 Upon motion by Councilwoman Creech, seconded by Councilman Jennings, City Council APPROVED CORRECTIONS to the MINUTES OF October 14, 1984: Item # 22648 - Page 21 - ORDINANCE UPON APPLICATION OF GRAYSON WHITEHURST, JR., FOR A CONDITIONAL USE PERMIT FOR A 250 UNIT RETIREMENT CENTER R01084675 The following condition was corrected: 1. A 50-foot landscaped buffer along the northern boundary adjacent to residentially zoned land AND a 150-foot setback for buildings @ twu -,Tturtes,-= in excess of two stories. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: Barbara M. Henley and Vice Mayor Reba S. McClanan Council Members Absent: None Nov m M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 14, 1985 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, October 14, 1985, at 1:00 p.m. Council Members Present: Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,and Meyera E. Oberndorf Council Members Absent: John A. Baum, Nancy A. Creech and Robert E. Fentress Councilman Baum, Councilwoman Creech and Councilman Fentress were out of the City. - 2 - ITEM # 24336 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 or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal mattters within the jurisdiction of the public body. Upon motion by Councilman Louis Jones, seconded by Councilman Robert G. Jones, City Council voted to proceed into the EXECUTIVE SESSION. Voting: 8-0 Council Members Voting Aye: Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Nancy A.Creech and Robert E. Fentress - 3 - R E G U L A R S E S S I 0 N VIRGINIA BEACH CITY COUNCIL October 14, 1985 2:10 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, October 14, 1985, at 2:10 p.m. Council Members Present: Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,and Meyera E. Oberndorf Council Members Absent: John A. Baum, Nancy A. Creech and Robert E. Fentress INVOCATION: Reverend Glenwood Stevens Beachlawn Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA October 14, 1985 - 4 - CITY MANAGER'S ADMINISTRATIVE ITEMS Item II-D.1 CONSENT AGENDA ITEM # 24337 The City Manager referenced a Resolution by the Council of the City of Virginia Beach requesting the Congress of the United States of America to oppose the repeal of tax exemption for state and local governmental bonds. (See Item II-J.1 of the Consent Agenda). The City Manager requested this Resolution be AMENDED by insertion of the words "State and Local" before "tax exempt governmental bonds"in the first paragraph, first sentence. Councilman Jennings also requested the words "public purpose" before "tax exempt goverrimental bonds,"in the first paragraph, and first sentence. This item will be pulled for separate discussion. October 14, 1985 - 5 - MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS Item II-E.1 PLANNING ITEM # 24338 Mayor Heischober referenced the application of GORDON RUDOLPH for a Change of Zoning from R-6 Residential District to B-2 Community-Business District on a 1.57 acre parcel located at the northeast corner of Broad Street and Pennsylvania Avenue (Bayside Borough). (See Item II-I.8 of the Planning Agenda. This item will be DEFERRED. Item II-E.2 ORDINANCES ITEM # 24339 Councilman Jennings referenced the Ordinance to amend and reordain Section 21-464 of the Code of the City of Virignia Beach, virginia, pertaining to playing on streets (Skateboards), and Proposal I and II (See Item II-H.I. of ORDINANCES). Councilman Jennings referenced the Proposals were interchanged. Alternate I Open nonarterial (cul-de-sac and dead-end) streets in residential areas to skateboards, should be considered first. 6 Item II-F.1 MINUTES ITEM 24340 Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council APPROVED the Minutes of October 7, 1985. Voting: 7-0 Council Members Voting Aye: Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Nancy A. Creech, and Robert E. Fentress Council Members Abstaining: J. Henry McCoy, Jr.,D.D.S. 7 Item II-G.1 PLANNING ITEM 24341 Attorney Robert Cromwell represented the applicant Upon motion by Councilman Louis Jones, seconded by Councilman McCoy, City Council APPROVED the application of Alan P. Chapman for aVariance to Section 4.4 (b) of the Subdivision Ordinance. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Alan P. Chapman, David H. Pierce and Edna Pierce Chapman. Property is located on the west side of Maharis Road, 174 feet south of Lord Felton Lane. Plats with more detailed information are available In the Department of Planning. BAYSIDE BOROUGH. Voting: 8-0 Council Members Voting Aye: Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Nancy A. Creech, and Robert E. Fentress October 14, 1985 8 Item II-G.2 PLANNING ITEM # 24342 Attorney R. J. Nutter represented the applicant Upon motion by Councilman Jennings, seconded by Councilman Louis Jones, City Council ADOPTED an Ordinance upon application of MARY JOSEPHINE LILLEY for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF MARY JOSEPHINE LILLEY FOR A CONDITIONAL USE PERMIT FOR A BORROW PIT R01085786 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Mary Josephine Lilley for a Conditional Use Permit for a borrow pit on certain property located on the east side of Oceana Boulevard, 860 feet more or less north of Credle Road. Said parcel is located at 566 Oceana Boulevard and contains 11.01 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. A dedication of right-of-way along the frontage on Oceana Boulevard to provide for an ultimate 94-foot right-of-way in accordance with the Master Street and Highway Plan and the Virginia Beach Bikeway Plan. 2. Approval shall be for a period of five (5) years. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of October, Nineteen Hundred and Eighty-five. Voting: 8-0 Council Members Voting Aye: Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Nancy A. Creech, and Robert E. Fentress October 14, 1985 9 Item II-G.3 PLANNING !TEM # 24343 Steven H. Davidson, the applicant, represented himself Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of Steven H. Davidson for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF STEVEN H. DAVIDSON FOR A CONDITIONAL USE PERMIT FOR A SINGLE-FAMILY DWELLING R01085787 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Steven H. Davidson for a Conditional Use Permit for a single family dwelling in the AG-1 Agricultural District on property locatd on the east side of Princess Anne Road, 1056 feet south of Pungo Ferry Road. Said parcel is located at 686 Princess Anne Road and contains 13 acres. Plats with more detailed information are available in the Department of Planning. PUNGO BOROUGH The following condition shall be required: 1. A reservation of right-of-way thru this parcel to provide for an ultimate 94-foot right-of-way for Princess Anne Road Relocated in accordance with the Master Street and Highway Plan and the "Princess Anne Road at Pungo Ferry Road" preliminary alignment on file in the City Engineer's Office. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of October, Nineteen Hundred and Eighty-five. Voting: 8-0 Council Members Voting Aye: Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Nancy A. Creech, and Robert E. Fentress - 10 - Item II-G.4 PLANNING ITEM # 24344 Upon motion by Councilman Louis Jones, seconded by Councilwoman Oberndorf, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of SOUTREASTERN FREE WILL BAPTIST COLLEGE for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF SOUTHEASTERN FREE WILL BAPTIST COLLEGE FOR A CONDITIONAL USE PERMIT FOR A TEMPORARY STUDENT DORMITORY Ordinance upon application of Southeastern Free Will Baptist College for a Conditional Use Permit for a temporary student dormitory on Lot 8, Section 2, Boulevard Manor. Said parcel is located at 267 Toy Avenue and contains 10,219.2 square feet. BAYSIDE BOROUGH. Voting: 8-0 Council Members Voting Aye: Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Nancy A. Creech, and Robert E. Fentress Item II-G.5 PLANNING ITEM 24345 Stephanie Saunders, the applicant, represented herself Opposition: Evalene Hargrove, resident of Kempsville Manor, presented a petition containing 61 signatures in opposition to said application Dorothy Wells, represented Kempsville Manor Civic League Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council DENIED an Ordinance upon application of TIMOTHY A. AND STEPHANIE S. SAUNDER,S for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF TIMOTHY A. AND STEPHANIE S. SAUNDERS FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION Ordinance upon application of Timothy A. & Stephanie S. Saunders for a Conditional Use Permit for a home occupation (accountin-g practice) on Lot 3, Kempsville Mahor. Said parcel is located at 4992 Ravenswood Road and contains 21,780 square feet. KEMPSVILLE BOROUGH. Voting: 7-0 Council Members Voting Aye: Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Nancy A. Creech, and Robert E. Fentress Council Members Abstaining: Barbara M. Henley - 12 - Item II-G.6 PLANNING ITEM # 24346 Attorney Robert Cromwell represented the applicant Howard Gallup, of Goodman-Segar-Hogan, also represented the applicant Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of JAMAR ASSOCIATES for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF JAMAR ASSOCIATES FOR A CHANCE OF ZONING DISTRICT CLASSIFICATION FROM 0-1 TO B-3 Z010851020 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of JAMAR Associates for a Change of Zoning District Classification from 0-1 Office District to B-3 Central Business District on certain property located at the southwest corner of Bonney Road and Bendix Road. Said parcel contains 5.024 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. The following condition shall be required: 1. Dedication of right-of-way on the frontage on Bendix Road to provide for an ultimate 90-foot right-of-way in accordance with the Master Street and Highway Plan. Councilman Jennings requested it be made a part of the record the applicant has been ADVISED of the possibility of the location of the City's Proposed TRANSFER STATION on the adjacent property. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of October, Nineteen Hundred and Eighty-five. Items II-G.6 and II-G.7 were voted upon together. Voting: 7-1 Council Members Voting Aye: Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: H. Jack Jennings, Jr. Council Members Absent: John A. Baum, Nancy A. Creech, and Robert E. Fentress October 14 1985 - 13 - item II-G.7 PLANNING ITEM # 24347 Attorney Robert Cromwell represented the applicant Howard Gallup, of Goodman-Segar-Hogan, also represented the applicant Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of BROPA III for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF BROPA III FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-1 TO B-3 Z0210851021 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BROPA III for a Change of Zoning District Classification from 0-1 Office District to B-3 Central Business District on certain property located on the south side of Bonney Road, 257 feet west of Bendix Road. Said parcel contains 1.9 acres. Plats with more detailed information are available in the Department of Planning. KEMSPVILLE BOROUGH. The following condition shall be required: 1. Dedication of right-of-way on the frontage on Bendix Road to provide for an ultimate 90-foot right-of-way in accordance with the Master Street and Highway Plan. Councilman Jennings requested it be made a part of the record the applicant has been ADVISED of the possibility of the location of the City's Proposed TRANSFER STATION on the adjacent property. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of October, Nineteen Hundred and Eighty-five. Items II-G.6 and II-G.7 were voted upon together. Voting: 7-1 Council Members Voting Aye: Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: H. Jack Jennings, Jr. Council Members Absent: John A. Baum, Nancy A. Creech, and Robert E. Fentress - 14 - Item II-G.8 PLANNING ITEM # 24348 Attorney Charles Salle' represented the applicant and requested DEFERRAL of said application Upon motion by Councilman Louis Jones, seconded by Councilwoman Oberndorf, City Council DEFERRED INDEFINITELY the Ordinance upon application of GORDON RUDOLPH for aChange of Zoning as per the following: ORDINANCE UPON APPLICATION OF GORDON RUDOLPH FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 TO B-2 Ordinance upon application of Gordon Rudolph for a Chan@e of Zoning District Classification from R-6- Residential District to B-2 Community Business District on certain property located at the northeast corner of Broad Street and Pennsylvania Avenue on Lots 1-23, Block 23, Euclid Place. Said parcels contain 1.57 acres. BAYSIDE BOROUGH. This DEFERRAL was to enable the resolution of the pending street closure. Voting: 7-0 Council Members Voting Aye: Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Nancy A. Creech, Robert E. Fentress, and J. Henry McCoy, Jr., D.D.S. - 15 - Item II-G.9 PLANNING ITEM # 24349 Attorney Bruce Gallup represented the applicant Upon motion by Councilman Jennings, seconded by Councilman McCoy, City Council REFERRRED BACK TO THE PLANNING CONNISSION for recommendation on AMENDED application an Ordinance upon application of HELEN V. STANDING for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF HELEN V. STANDING FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO B-4 Ordinance upon application of Helen V. Standing for a Change of Zoning District Classification from B-2 Community-Business District to B-4 Resort-Commercial District on certain property located on the west side of North Birdneck Road, 151 feet south of Bluebird Drive. Parcel is located at 565 North Birdneck Road and contains 20,822 square feet. Plats with more detailed information are avaialble in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 8-0 Council Members Voting Aye: Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Jobn A. Baum, Nancy A. Creech, Robert E. Fentress - 16 - Item II-G.10 PLANNING ITEM # 24350 Attorney Glenn Croshaw represented the applicant and requested DEFERRAL pending completion of the TARGET NEIGHBORHOOD STUDY and ADOPTION. Opposition: Reverend Thomas Jennings, Jr., represented the United Civic League of Virginia Beach Steve Schrubo, represented Lake James Civic League and presented petition in OPPOSITION to said application Delanne R. Ferrell, resident of the area, presented a Petition in OPPOSITION. May Lane, resident of Lake James, requested residents in OPPOSITION to stand Waverly Mills, resident of East Indian River Road John L. Perry, Coalition of Minority Civic Leagues, registered but did not speak A letter from Dr. Marie J. Miot and Dr. Ihor Kulczycky in OPPOSITION to the said application is hereby made a part of the record. A MOTION was made by Councilman McCoy, seconded by Councilwoman Oberndorf, to DENY an Ordinance upon application of FLORA N. WHITE et al for a Change of Zoning from R-8 Residential District to B-2 Community-Business District on a 1.435 acre parcel located on the south side of Indian River Road, west of Lake James Drive (Kempsville Borough). A SUBSTITUTE MOTION was made by Councilman Jennings to DEFER an Ordinance upon application of FLOPA N. WHITE et al for a Change of Zoning from R-8 Residential District to B-2 Community-Business District on a 1.435 acre parcel located on the south side of Indian River Road, west of Lake James Drive (Kempsville Borough). This MOTION failed for lack of a SECOND. Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council DENIED an Ordinance upon application of FLOPA N. WHITE et al for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF FLORA N. WHITE ET AL FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 TO B-2 Ordinance upon application of Flora N. White et al for a Change of Zoning District Classification from R-8 Residential District to B-2 Community-Business District on certain property located on the south side of Indian River Road beginning at a point 162.91 feet west of Lake James Drive. Said parcel contains 1.435 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. (NEWLIGHT TARGET AREA). Voting: 7-1 Council Members Voting Aye: Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: II.Jack Jennings, Jr. Council Members Absent: John A. Baum, Nancy A. Creech, and Robert E. Fentress 1 7 Item II-G.11 PLANNING ITEM 24351 Attorney Glenn Croshaw represented the applicant and requested DEFERRAL pending completion of the TARGET NEIGHBORHOOD STUDY and ADOPTION. Opposition: Reverend Thomas Jennings, Jr., represented the United Civic League of Virginia Beach Steve Schrubo, represented Lake James Civic League and presented petition in OPPOSITION to said application Delanne R. Ferrell, resident of the area, presented a Petition in OPPOSITION. May Lane, resident of Lake James, requested residents in OPPOSITION to stand Waverly Mills, resident of East Indian River Road John L. Perry, Coalition of Minority Civic Leagues, registered but did not speak A letter from Dr. Marie J. Miot and Dr. Ihor Kulczycky in OPPOSITION to the said application is hereby made a part of the record. A MOTION was made by Councilman McCoy, seconded by Councilwoman Oberndorf, to DENY an Ordinance upon application of DIXON AND VAN, INC., AND IRWIN HURWITZ for a Change of Zoning from R-8 Residential District to B-2 Community-Business District on a 33,904 square foot parcel located at the southeast corner of Indian River Road and Ferry Point Road (Kempsville Borough). A SUBSTITUTE MOTION was made by Councilman Jennings to DEFER an Ordinance upon application of DIXON AND VAN, INC., AND IRWIN HURWITZ for a Change of Zoning from R-8 Residential District to B-2 Community Business District on a 33,904 square foot parcel located at the southeast corner of Indian river Road and Ferry Point Road (Kempsville Borough),. This MOTION failed for lack of a SECOND. Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council DENIED an Ordinance upon application of DIXON AND VAN, INC., AND IRWIN HURWITZ for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF DIXON & VAN, INC., AND IRWIN HURWITZ FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 TO B-2 Ordinance upon application of Dixon & Van, Inc., and Irwin Hurwitz for a Change of Zoning District Classification R-8 Residential District to B-2 Community-Business District on certain property located at the southeast corner of Indian River Road and Ferry Point Road. Said parcel contains 33,904 square feet. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. Voting: 7-1 Council Members Voting Aye: Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: H. Jack Jennings, Jr. Council Members Absent: - 18 - Item II-H.1 ORDINANCES ITEM # 24352 The following spoke in support of ALTERNATE I of the Ordinance to amend and reordain Section 21-464 of the Code of the City of Virginia Beach, Virginia, pertaining to playing on streets (Skateboards). ALTERNATE NO. I involved opening nonarterial (cul-de-sac and dead-end) streets in residential areas to skateboards. Lee Jones, owner of Seventeenth Street Surf Shop Young Skateboarders: Charles Dubois Eric Blankenship Chris Vaughan Bruce Best Eric Steward Robert Carey C. J. Starkey A MOTION was made by Councilman Jennings, seconded by Councilman McCoy to ADOPT an Ordinance, AS AMENDED, to amend and reordain Section 21-464 of the Code of the City of Virginia Beach, Virginia, pertaining to playing on streets (Skateboards), ALTERNATE NO. I. This Ordinance was to be further AMENDED to delete the second sentence in Section (b), Page 1 and insert the words "AND PERMITS FOR CERTAIN OTHER ACTIVITIES" in the caption as per the following: AN ORDINANCE TO AMEND AND REORDAIN SECTION 21-464 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO PLAYING AND PERMITS FOR CERTAIN OTHER ACTIVITES ON STREET9. (b) The City Manager may permit areas on streets to be temporarily closed to normal vehicle traffic for parades, festivals, block parties and other community activites. A"-@@- i!L-m-ee so mse-a-atreetT-may-be reftelred --- t-&-- --eenteeet 1-notte-ing- the aseeeial.+en --- f-&L--- --er A SUBSTITUTE MOTION was made by Vice Mayor McClanan, seconded by Councilman Louis Jones to ADOPT an Ordinance, AS AMENDED, to Amend and Reordain Section 21-464 of the Code of the City of Virginia Beach, Virginia, pertaining to playing on streets (Skateboards),ALTERNATE NO. II. This was further AMENDED to delete the second sentence in Section (b), Page I and insert the words "AND PERMITS FOR CERTAIN OTHER ACTIVITES" in the caption. THE MOTIONS WER.E WITHDRAWN NO ACTION WAS TAKEN ON THIS CODE @MENT October 14, 1985 NO ACTION TAKEN ALTERNATE I AN ORDINANCE TO AMEND AND REORDAIN SECTION 21-464 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO PLAYING ON STREETS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 21-464 of the Code of the City of Virginia Beach, Virginia, pertaining to playing on streets, is hereby amended and reordained to read as follows: Section 21-464. Playing on streets or highways; use of skateboards, roller skates, toys or other evices on wheels or runners. (a) No person shall play on a highway or street, other than upon the sidewalks thereof, within the city, except as otherwise provided in this section. No person shall use on a highway or street where play is prohibited roller skates, skate- boards, toys, or other devices on wheels or runners, except bicycles, mopeds, and motorcycles. (b) The city manager may eleeignate permit areas on streets to be temporarily plosed to normal vehicle traffic for parades, festivals, block parties and other community activities. Any person, firm or association permitted to so use a street, may be required to furnish an insurance contract insuring the liability of said person, firm or association for personal injury, death or property damage arising from such temporary use, in which case the city shall be named in the contract as an additional insured. (c) Skateboards may be ridden in cul-de-sacs and on dead-end streets in residential areas where the posted speed limit is 25 miles per hour or lower, provided that persons using skateboards shall stay as near as reasonably possible to the extreme left side of the roadway so as to face oncoming traffic, and shall promptly move from the roadway to permit the passage of approaching motor vehicles. @b@ (d) No person riding upon any skateboard, roller skates, toys or other devices on wheels or runners shall attach the same or himself to any vehicle upon a roadway. (State Code, SS46.1-235) Adopted this day of 1985, by the Council of the City of Virginia Beach, Virginia. WEB/da/rab misc 8/30/8 5 9/6/85 10/8/85 -2- NO ACTION TAKEN ALTERNATE II AN ORDINANCE TO AMEND AND REORDAIN SECTION 21-464 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO PLAYING ON STREETS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 21-464 of the Code of the City of Virginia Beach, Virginia, pertaining to playing on streets, is hereby amended and reordained to read as follows: Section 21-464. Playing on streets or highways; use of skateboards, roller skates, toys or other evices on wheels or runners. (a) No person shall play on a highway or street, other than upon the sidewalks thereof, within the city, nor shall any Ne person ahall use on a highway or street where-play-is lgrehib.ited roller skates, skateboards, toys, or other devices on wheels or runners, except bicycles, mopeds, and motorcycles, except as otherwise provided in this section. (b) The city manager may desielmate permit areas on streets to be temporarily closed to normal vehicle traffic for parades, festivals, block parties and other community activities. Any person, firm or association permitted to so use a street, may be required to furnish an insurance contract insuring the liability of said person, firm or association for personal injury, death or property damage arising from such temporary use, in which case the city shall be named in the contract as an additional insured. highwaye-or-atreets-where-play-ia-prehibited 6ieyeleST-MOPedST-aRd-metereyeiesT-shail-keep-aa-neal--as traffie-at-all-timear @b.Y (c) No person riding upon any skateboard, roller skates, toys or other devices on wheels or runners shall attach the same or himself to any vehicle upon a roadway. (State Code, SS46.1-235) Adopted this day of , 1985, by the Council of the City of Virginia Beach, Virginia. WEB/da/rab misc A 10/8/85 -2- - 19 - Item II-H.2 ORDINANCE ITEM # 23453 A MOTION was made by Vice Mayor McClanan, seconded by Councilman McCoy, to ADOPT an Ordinance, on SECOND READING, to amend and Reordain Chapter 35, Article V of the Code of the City of Virginia Beach, Virginia, by ADDING Section 35-123 pertaining to Utility Tax for E-911 Telephone System, as amended utilizing the 3-year plan to recover costs @ 53cts per month per customer. A SUBSTITUTE MOTION was made by Councilman Robert Jones, seconded by Councilman Louis Jones, to ADOPT an Ordinance, on SECOND READING, to amend and Reordain Chapter 35, Article V, of the Code of the City of Virginia Beach, Virginia, by ADDING Section 35-123 pertaining to Utility Tax for E-911 Telephone System, as amended, utilizing the 5-year (60 month) plan to recover costs at 45 cents per month per customer beginning June 1, 1987. The 45cts representing: $.12 non-recurring charges $.02 to recover costs $.31 recurring costs $.45 Voting: 6-2 Council Members Voting Aye: Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S.,and Meyera E. Oberndorf Council Members Voting Nay: Mayor Harold Heischober and Vice Mayor McClanan Council Members Absent: John A. Baum, Nancy A. Creech, and Robert E. Fentress October 14, 1985 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 35, ARTICLE V OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY ADDING SECTION 35-123 PERTAINING TO UTILITY TAX FOR E-911 TELEPHONE SYSTEM, AS AMENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 35-123 of the Code of the City of Virginia Beach, Virginia, pertaining to utility tax for E-911 telephone system, is hereby added to read as follows: Section 35-123. Utility tax for E-911 telephone system (a) Except where the context clearly indicates a different meaning, the following words and phrases, when used in this section, shall, for the purpose of this section, have the meanings ascribed to them as follows: (1) E-911 system. The term "E-911 system" means a telephone service which utilizes a computerized system to automatically route emergency telephone calls placed by dialing the digits "911" to the proper public safety answering point serving the jurisdiction from which the emergency telephone call was placed. An E-911 system includes selective routing of telephone calls, automatic telephone number identification, and automatic location identification performed by computers and other auxiliary control-center communications equipment. (2) Public safety answering point. The term "public safety answering point" means a communications facility operated on a twenty-four (24) hour basis which first receives E-911 calls from persons in an E-911 service area and which may, as appropriate, directly dispatch public safety service or extend, transfer or relay E-911 calls to appropriate public safety agencies. (3) Public safety agency. The term "public safety agency" means a functional division of a public agency which provides fire fighting, police, medical or other emergency services or a private entity which provides such services on a voluntary basis. (4) Local telephone service. The term "local telephone service" shall mean switched local exchange access service. (b) Pursuant to the authority granted in section 58.1-3813 of the Code of Virginia, there is hereby imposed and levied by the city upon every purchaser of local telephone serv- ice a tax in the amount of forty-five cents ($0.45) per month for the sixty (60) month period commencing June 1, 1987, and ending May 31, 1992. This tax shall be paid by the purchaser to the seller of local telephone service (hereinafter referred to as "seller") for the use of the city to pay for the initial capital, installation and maintenance costs of the E-911 system. Commencing June 1, 1992, the above-referenced tax shall be reduced to thirty- one cents ($0.31) per month and will be used to pay the recurring maintenance costs of the E-911 system. (c) The United States of America, the Commonwealth of Virginia, and the political subdivisions, boards, commissions, authorities and other agencies thereof, are hereby exempted from payment of the tax imposed by this section. (d) The tax imposed by this section shall not apply to any local telephone service where a periodic bill is not rendered or to any local service that is paid for by the insertion of a coin or coins into a coin-operated telephone. (e) It shall be the duty of the seller, acting as the tax collecting agent of the city for purposes of this section, to add the amount of the tax imposed under subsection (b) above to all periodic bills it renders to nonexempt purchasers of local telephone service. The seller shall accept remittances of tax from puchasers at the time it collects the charges for local telephone services and shall report and pay over all tax collected in any calendar month to the city treasurer within sixty (60) days of the last day of each month. The seller shall also notify the city of the name and address of any purchaser who fails to pay the tax imposed by this section. -2- (f) Each and every seller shall keep records showing all purchases of local telephone service in the city. These records must show the dates of bills for local telephone service and the amount of tax appearing on each bill. These records shall be kept at the seller's offices for a period of three (3) years for inspection by the duly authorized agents of the city at reasonable times during normal business hours. The duly authorized agents of the city shall have the right, power and authority to make copies thereof. (g) Any purchaser who willfully fails, refuses or neglects to pay the tax hereby imposed by any seller shall be guilty of a class 4 misdemeneanor. (h) Whenever the tax levied by this section is collected by the seller acting as a tax collecting agent for the city in accordance with subsection (e) above, such seller shall be allowed as compensation for the collection and remittance of this tax, three percentum (3%) of the amount of tax due and accounted for. The seller shall deduct this compensation from the payments made to the city treasurer in accordance with subsection (e). This Ordinance shall be effective upon the date of its adoption. Adopted this 14 day of October 1985, by the Council of the City of Virginia Beach, Virginia. First Reading: October 7, 1985 Second Reading: October 14, 1985 RMB/da (C) 10/1/85 1 0/8/8 5 10/15/85 -3- - 20 - Item 11-I.I.a/b/d/e/f/g/h/i/j/k/l/m/n RESOLUTIONS ITEM # 24354 Upon motion by Councilman Louis Jones, seconded by Councilman McCoy, City Council ADOPTED Resolutions approving the Issuance of INDUSTRIAL DEVELOPMENT BONDS by the Virginia Beach Development Authority to the following: BEHL PROPERTY ASSOCIATES $ 6,000,000 WINDSONG APARTMENTS, L.P. $ 6,300,000 PEMBROKE LAKE APARTMENT ASSOCIATES $12,000,000 THE JONATHAN CORPORATION $ 5,000,000 RS, INC $ 700,000 CARLTON ARMS HOTEL ASSOCIATES $ 5,000,000 L. M. SANDLER & SONS $ 500,000 GEORGE S. HAZZIS $ 995,000 SHEALY HODGES CORPORATION $ 600,000 RARK ASSOCIATES $ 500,000 CLEVELAND STREET, INC. $ 6,120,000 ARAGONA BOULEVARD, INC. $ 6,120,000 VIRGINIA BEACH GENERAL HOSPITAL $ 8,120,000 (TO BE ISSUED BY HENRICO COUNTY) Voting: 7-0 Council Members Voting Aye: Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Nancy A. Creech, and Robert E. Fentress Council Members Abstaining: H. Jack Jennings, Jr. October 14, 1985 SUMMARY SHEET CITY OP VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Carlton Arms Hotel Associates 2. LOCA'RION: 424 Atlantic Avenue Virgiiiia Beach, VA 23451 3. DESCRIPTION OF PROJECT: Approximately 90 room hotel 4. AMOUNT OF BOND ISSUE: $5,000,000 5. PRINCIPALS: David B. Oglesby, Jr. David K. Hillauist Ramon W. Breeden, Jr, 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property B-5 b. Is rezoning proposed? Yes No XX C. If so, to what zoning classification? FISCAL IMPACT @,rATEMI@'tl'f DA'I'I-@: August 30, 1985 TO: TfiE CITY COUNCIL OF VIRGINIA BEACIJ, VIRcltJIA EIROJECT NAME: Cirlton Aritis liotel Associates @y',L' OF FACILITY: 90-rc)oiii hotel 1- Maximum afaount of Einancing sought $ 5 1 0 0 0 1 0 0 0 Estimited tax ble value of the facilit,,,Is reol property to be constructed ill thll-- niunicipality $ 4,500,000 3. real propert,,, tax per Year LlSing present tax rates $ 6 0 0 0 4. Es"illlared perscdnal prop,--rty tax per year using present tax rates $ merchants' capital (busine,.Ss tax pc-r year usirig pres@nt tax $ L,900 6. E-L@:Rated doliar value per year of ac)ud@ @nd services that will be ourcha@ed locally $ 90,000 7. E,.;Liinated number of regular employee-- on year round basis 40 @@verag,2 allnuAl salary p@r eniplo@,,@e 1 0 , 5 0 00 0 iiituriiiation contairied in tilis Statemenr is based O,,i facts and estiiiiates provided by tli Applicant, and the Autriority has -nade no independent investigation with rep@ct ttierL,to. Citv of Virginia Beach Dc@velc)pm@,nt Authority By c i r-m a-n- Economic impact Stateme,t 1- ArnOunt of investment $6,500,000 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 $ 4,500,000 4. Estimated real Property tax per y -ear using present tax rate $ 6 , 0 0 0 5. Estimated personal property tax $ 1 9 0 0 6. Economic impact statement d,m,,,trating the overall 'city: .return to the A. Number of new jobs 4 0 B. Payroll generated $ 420,000 Av. Wage $ 10,500 C. Number of jobs retainbd N/A D. Payroll retained $ /A Av. Wage $ N/A E. Estimate of the value of gocds- and services Purchased within the geographic boundary Of Virginia Beach by tYpe (inventory, machinery, professional services, insurance,'motor vehicles, etc.): Type Value Inventory $ 50,000 00 Insurance, Motor Vehiclg- 20,000 TOTAL 90,000 F. Estimated building Permit fee and other municipal fees $ 180,000 G. Estimated construction payroll $ 1,250,000 H. Estimated value Of construction material to be Purchased within the City of Virginia Beach $ 2,250,000 Estimated number of construction jobs 60 J. Any other items which the applicant fecls the Authority should be Made aware of in evaluating ttie proj,ct qlhis project will help to meet th(, need for quality Ill Lfle @lty each. 7 Is the site currently'zoned for the use of being proposed for industrial revenue bond financing? Yes No XX y 8. Has a bond Purchase agreement/commitment been accepted b the applicant? (attach a,copy) Yes @O XX 9. Will the bond financing close within 90 days from the date of adoption of the inducement resolution? Yes XX No 10. Location of project (attach location map) 424 Atlantic A enue, ia 11. Explanation of alternative financing that has been reviewed for project NONE I hereby certify that the infor-mation stated in the above Economic ImPact Statement-is accurate and true i, all respects. Ramon W. Brep-den, Jr. Subscribed and sworn to before me this 1984. day of MY Cc)mmission Exzires: 5 0 R USCG St.ti.. vely O@ -r F- V. 8,; Filhi., ci SE Noii-U vvl L DC F PROJECT NAME: CARLTON ARMS HOTEL ASSOCIATES PROJECT ADDRESS: BETWEEN FOURTH STREET AND FIFTH STREET ON THE WEST SIDE OF ATLANTIC AVENUE; 42,Z-ATLANTIC-AVENUE. 7'YPE OF PROJECT: 90-ROOM HOTEL FACILITY RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR CARLTON ARMS HOTEL ASSOCIATES FACILITY WHEREAS, the City of Virginia Beach Development Autliority (the "Authority") has considered the application of Carlton Arms Hotel Associates, a Virginia limited partnership, or any partnership or corporation of which Rainon W. Breeden, Jr. is a partner or shareholder (the "CoiTipany") for the issuance of the Authority's industrial development revenue bonds in aii jmount not to exceed $5,000,000 (the "Bonds") tu assist in the financing of the Company's acquisition, construction, and equipping of an approximately 80,000 square foot hotel to be located at 424 Atlantic Avenue, in the City of Virginia Beach, Virqinia (tlie "Facility"), and has held a public hearing thereoll oii October 8, 1-985; 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 W[iEREAS, pursuaiit to SS 15.1-1378-1 Of the Code Of Virginia, 1950, as amended, a copy of the Authority's Resolution approving the issuance of the Bonds, subject to terms to be mutually agreed upon, and a reasonably detailed summary of the comments expressed at the public hearinq, if any, have been filed with the Council of the City of Virgiriia Beach, Virginia. NOW, 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 Bonds by the City of Virginia Beach Development Authority for the benefit of Carlton Arms Hotel Associates, or any partnership or corporation of which Ramon W. Breeden, Jr. is 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 f the Bonds or the creditworthiness of tiie Company; but, pursuant to Cilapter 643, Virginia Acts of Assembly of 1964, as amended, the Boiids 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. 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 liabil- ity 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 niore 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 reveiiue 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 thereafter enacted. 4. This Resolution shall take effect iminediately upon its adoption. ADOPTED by a majority of a quorum of the Council of the City of Virginia Beach, Virginia on October 14, 1985. SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: BEHL PROPERTY ASSOCIATES 2. LOCATION: 320 SOUTH MILITARY HIGHWAY VIRGINIA BEACH, VIRGINIA 3. DESCRIPTION OF PROJECT: 150-UNIT MULTI-FAMILY RESIDENTIAL RENTAL HOUSING FACILITY 4. AMOUNT OF BOND ISSUE: $6,000,000 5. PRINCIPALS: Ramon W. Breeden, Jr. David B. OglesbV, Jr. James M. Arnhold Brentley B. Hinman 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property B-4 b. Is rezoning proposed? Yes No X C. If so, to what zoning classification? N/A FISCAL IMPACT STATEMEN'R DATE: AUGUST 13, 1985 TO: THE Cl'rY COUNCIL OF VIRGINIA BEACII, VIRGINIA PROJECT NAME: BEHL PROPERTY ASSOCIATES ,rypE OF FACILITY: 150-UNIT MULTI-FAMILY RESIDENTIAL RENTAL HOUSING FACILITY 1. Maxiiium amount of financing sought $ 6-,-0 0 0 , 0 0 0 2. Estimated taxable value of the facilitv's real property to be constructed in the municipality $_ 6,000,000 3. Estimated real property tax per year using present tax rates $_48,000 4. Estimated personal property tax per year using present tax rates $ 500 5. Estiinated merchants' capital (business liceiise) tax per year using preseiit tax rat@s $ N/A 6. EstiTiiated dollar value per year of goods and services that will be purchased lc)cally $ 150,000 7. Estiiiiated nufnber of regular employees on year round basis S. Average annual salary per employee $ 15,000------ -,he information contained in this Statemenr is based soleiv on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. City of Virginia Beach Development Authority By--Cffa-. rman 4 5 yi. JHS TUTI 8 XN 9 SS12 9 0 il3 RN *MA A B c 0 E CO@YRIG.T C.".." Joins Map 19 V. I . 2.610,0.. '12 NAME OF PROJECT: BEHL PROPERTY ASSOCIATES LOCATION OF PROJECT: 320 SOUTH MILITARY HIGHWAY VIRGINIA BEACH, VIRGINIA DESCRIPTION OF PROJECT: 150-UNIT MULTI-FAMILY RESIDENTIAL RENTAL FACILITY RESOLUTION APPROVING THE ISSUANCE OF MULTI-FAMILY RENTAL HOUSING REVENUE BONDS FOR BEHL PROPERTY ASSOCIATES FACILITY WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application of Behl Pro- perty Associates, a Virginia general partnership, or any partner- ship or corporation of which Ramon W. Breeden, Jr. is a partner or shareholder (the "Company") for the issuance of the Author- ity's multi-family rental housing revenue bonds in an amount not to exceed $6,000,000 (the "Bonds") to assist in the financ- ing of the Company's acquisition, construction, and equipping of an approximately 150-unit multi-family residential rental facility, on approximately 13 acres of land, to be located at 320 South Military Highway, in the City of Virginia Beach, Virginia (the "Facility"), and has held a public hearing thereon on October 8, 1985; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City") to approve the acquisition, construction, and equipping of the Facility and 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 of the Code of Virginia, 1950, as amended, a copy of the Authority's Resolution approving the issuance of the Bonds, subject to terms to be mutually agreed upon, and a reasonably detailed suminary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINLA: 1. The Council of the City of Virginia Beach, Virginia approves the acquisition, construction, and equipping of the Facility and the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of Behl Property Associates, or any partnership or corporation of which Ramon W. Breeden, Jr. is 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; 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 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 Virginia Beach, Virginia on October 14, 1985. SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: WINDSONG APARTMENTS,L. P. EAST SIDE OF WINDWAY LAND, NORTH OF BIRDSONG LANE, SOUTH OF POWELL POINT 2. LOCATION: R.W.A-p Q.ng SiDiGLE PAP411.4 REsigEticE LOCATED AT 2324 PLEASURE HOUSE ROAD T-N BFsAC-ii, WIRGI@;:TA 3. DESCRIPTION OF PROJECT: ACQUISITION, REHABILITATION AND -EQUIPPING OF MULTI-FAMILY RESIDR M AL RENTAL FACILITY AND SINGLE FAMILY DWETLING 4. AMOUNT OF BOND ISSUE: -$@300,000 5. PRINCIPALS: LITTLETON C. HUDGINS AND WILLIAM S. HUDGINS 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property A-2 b. Is rezoning proposed? Yes No X C. If so, to what zoning classification? N/A FISCAL IMPACT -,TATEMC T AUGUST 13, 1985 TC): TEIE CITY COUNCIL OF VIRGINIA BEAC'@i, VIPGlql,@ PROJECT N,%ME: WINDSONG APARTMENTS TYP@@ OF @'ACILITY: MULTI-FAMILY RESIDENTIAL RENTAL HOUSING FACILITY and ONE SINGLE FAMILY RESIDENCE (ACQUISITION, REIIABILITATION, EQUIPPING) 1. MaxiiiLim amount of financing sought 2. Estimated taxable value of the facilitv's real PrOI)erty to be constructed in thp-- municipality 3. Est;-mated real propertv tax per year using present tax rates 7C), OA() nC) 4. Estimated personal property tax per year using present tax rates 2,000.00 5. EsLiiaated merchants' capital (business licl---n--e) tax per year using present tax rates $ N/A (]Ollar value per year of c,-oods and sqrvices tliit will bp ourchascd locaiiy $ 1001000.-OO 7. E:Lti,nated nlimber of regular efnployees on year round basis Ten (10) 8. Average annual salary per employee $ 1 4 , 5 0 0 . 0 0 -ne informa@ion contained in this Statement is based solei,-/ on facts and eslimates provided by the Applicant, and the AL!Fnority @iaz- made no independent investigation with repect tnereto. Citv of Virginia Beach Development Authority By E,gi. Mh G APVIPHIBIOI 2" BAYLAKE BEACH G.t. 4 v LIP NHA EJoins Map 12 76-07 30 VAG.'D PROJECT NAME: WINDSONG APARTMENTS PROJECT LOCATION: 1. ON THE EAST SIDE OF WINDWAY LANE, NORTH OF BIRDSONG LANE, AND SOUTH OF POWELL POINT ROAD and 2. 2324 PLEASURE HOUSE ROAD PROJECT DESCRIPTION: 1. 15 APARTMENT BUILDINGS, 58 GARAGES AND 26 STORAGE UNITS and 2. A SINGLE FAMILY DWELLING (ACQUISITION, REHABILITATION, EQUIPPING) RESOLUTION APPROVING THE ISSUANCE OF MULTI-FAMILY RENTAL HOUSING REVENUE BONDS FOR (WINDSONG APARTMENTS FACILITY) WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application of Windsong Apartments, L.P., a Virqinia limited partnership, or any partnership or corporation of which Littleton C. Hudqins and William S. Hudgins are partners and/or shareholders (the "Company") for the issuance of the Authority's multi-family rental housing revenue bonds in an amount not to exceed $6,300,000 (the "Bonds") to assist in the financing of the Company's acquisition, rehabilitation and equippinq of a multi-family residential rental facility located on the east side of Windway Lane, north of Birdsong Lane, and south of Powell Point Road, and a single family residence located at 2324 Pleasure House Road, in the City of Virqinia Beach, Virqinia (the "Facility"), and has held a public hearing thereon on October 8th, 1985; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City") to approve the acquisition, rehabilitation, and equipping of the Facility and 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 of the Code of Virginia, I 1950, as amended, a copy of the Authority's Resolution approving the issuance of the Bonds, subject to terms to I)e mutually aqreed upon, and a reasonably detailed summary of the comments expressed at the public hearinq, if any, have been filed with the Council of the City of Virginia Beach, Virginia. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virqinia approves the acquisition, rehabilitation, and equipping of the Facility and the issuance of the Bonds by the City of Virginia Beach Developmerit Authority for the benefit of Windsong Apartments, L.P., or any partnership or corpora- tion of which Littleton C. Hudgins and/or William S. Hudgins are partners or shareholders, to the extent of and as requir- ed 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; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as aniended, 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. 3. This Resolution sliall take effect immediately upon its adoption. ADOPTED by a majority of a quorum of the Council of the City of Virginia Beach, Virginia on October 14, 1985. SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Pembroke I-,ake AparLments 2. LOCATION: 700 Moraine Court Virginia Beach, Virginia 3. DESCRIPTION OF PROJECT: 294-Unit ApartmenL Complex 4. AMOUNT OF BOND ISSUE: $12,000,000 5 PRINCIPALS: Pembroke Lake Apartment Associates, Ltd. Alabania Limited Partnership. Cuilford Company, Inc. Corporate General Partner 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property Multi-Fariily A-2 b. Is rezoning proposed? Yes No X C. If so, to what zoning classification? S/ 8 3 FISCAL IMPACT STATEMENT DATE: . September 11, 1985 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIR(;!N[A PROJECT NAME: Pembroke @,ke ApartmenLS TYPE OF FACILITY: Ililti-Family Residential 1. maximum amount of financing sought $12,000,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality s N/A 3. Estimated real propertv tax per year using present tax rates $ 65,000 4. Estimated personal property tax per year using present tax rates $ 1,250 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 s50,@),QOO_ - @75.(),@000 7. Estimated number of reyular einployees oil year round basis 6 8. Average annual salary per employee $ 15,000 The ineormation contained in this Statement is based on Eacts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. ik Citv of Virginia Beach Devellopment Authority By THOROUGHGOC JGH@D ln3 1 THORO AKi ,r w@Tr DU OINT@ PROJECT NWE: PEFEROKE LAKE APARITUffS PROJECT ADDRESS: 700 MRAINE COURT VIRGINIA BEACH, VIRGINIA 23455 TYPE OF PROJECT: MULTI-FAMILY FK)USING RESOLUTION APPROVING THE ISSUANCE OF MULTI-FAMILY RENTAL HOUSING REVENUE BONDS FOR (PEMBROKE LAKE APARTMENT ASSOCIATES, LTD. FACILITY) WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application of Pembroke Lake Apartment Associates, Ltd., a Virginia limited partnership, or any partnership or corporation of which Guilford Company, Inc. is a partner and/or shareholder (the "Company") for the issuance of the Authority's multi-family rental housing revenue bonds in an amount not to exceed $12,000,000 (the "Bonds") to assist in the financing of the Company's acquisition, rehabilitation and equipping of a 294 unit multi-family residential rental facility located at 700 Moraine Court in the City of Virginia Beach, Virginia (the "Facility"), and has held a public hearing tliereon on October 8th, 1985; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City") to approve the acquisition, rehabilitation, and equipping of the Facility and the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as aiiiended; and WHEREAS, pursuant to SS15.1-1378-1 of the Code of Virginia, 1950, as amended, a copy of the Authority's Resolution approving the issuance of the Bonds, subject to terms to be mutually 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. NOW, 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 acquisition, rehabilitation, and equipping of the Facility and the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of Pembroke Lake Apartment Associates, Ltd., or any partnership or corporation of which Guilford Company, Inc. is 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; 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 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 Virginia Beach, Virginia on October 14, 1985. SUMMARY SHEET 1. PROJECT NAME: THE JONATHAN CORPORATION--LITTLE CREEK FACILITY 2. LOCATION: 2465 Ferry.Road, Little Creek Harbor, Virginia Beach, VA 3. DESCRIPTION OF PROJECT: Ship Repair Facili.ty 4. AMOUNT OF BOND ISSUE: $5,000,000 5. PRINCIPALS; The Jonathan CorlDoration Gary M. Bowers, Pres@dent 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property 1-2 b. Is rezoning proposed? Yes No xx C. If so, to what zoning classification? II/5/ Z-@ 3 FISCAL IMPACT STATEMENT DATE: 9/03/85 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: THE JONATHAN CORPORATION TYPE OF FACILITY: LITTLE CREEK PIER FACILITY 1. Maximum amount of financing sought $@Q00 000 2. Estimated taxable value of the facilitv's real property to be constructed in the municipality $ 3,700,000- 3. Estimated real property tax per year using present tax rates $ 29 600 4. Estimated personal property tax per year using present tax rates $ 5. Estimated merchants' capital (business license) tax per year using present tax rates $ o 6. Estimated dollar value per year of goods and services that will be purchased locally $ 7. Estimated number of regular employees on year round basis '100 8. Average annual salary per employee $ The information contained in this Statement is based solelv on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. City of Virginia Beach Development Authority By-- Economic Impact Statement 1. Amount of investment s 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 $ 3 7 0 0 0 0 0 4. Estimated real property tax per year using present tax rate $ 2 9 6 0 0 5. Estimated personal property tax $ 3,150 6. Economic impact statement demonstrating the overall return to the city: A. Nu,,nber of new jobs 200 - 300 B. Payroll generated $4,500,000 Av. Wage $18,000 C. Number of jobs retainbd2O D. Payroll retained $ 00,000 Av. Wage $25,000 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 MAc,hin $500,000 e $ 7 5 , 0 0 0 Siihrnntract Work $3,675,000 TOTAL 0 m F. Estimated building permit fee and other municipal $50,000 G. Estimated Construction payroll H. Estimated value of construction material to be purchased within the City of Virginia Beach fees I. Estimated number of construction jobs _ 50 J. Any other items which the applicant feels the Authority should be made aware of in evaluating the project Strong industrial facility and ~ repair yard in Virginia Beach Is the site currently Zoned for the use of being proposed for industrial revenue bond financing? Yes xx No Has a bo~d purchase agreement/commitment been accepted by the applicant? (attach a,copy) Yes xx No Will the bond financing close within 90 days from the date of adoption of the inducement resolution? Yes jx No 10. Location of project (attach location map) Creek R ' -- VA 2645 Ferry Road, Little Explanation of alternative financing that has been reviewed for project usig CRANEY ISLAND 11,1@tIPI-ON RO,IDS SUPPLY DEPOT IFSAPEAKE Scaie 1" - 2,000' 2000 1000 0 1000 2000 3000 4000 5000 6000 7000 8000 F.., 1 5 0 AN A 0 USN co%,i LITTLE CRE -.HERITAGE @s &OPOINT E A. FIUNT CLU13 @O POINT lk NORFOLK@ N INTERNATI()N) ,IIR RT GA OOD 7 AIRPOR IND PK Ig,"UAIFXA,@IRIA 0 1 1, IIA __@t 9 if V6 ca PROJECT NAME: THE JONATHAN CORPORATION FACILITY PROJECT ADDRESS: 2465 PERRY ROAD, VIRGINIA BEACH, VIRGINIA TYPE OF PROJECT: SHIP REPAIR FACILITY I hereby certify that the information stated in the above Economic Impact statement-is accurate and true in all re,pec'ts. Subscribed and sworn to befo ;98;. N.t. MY COmmission ExDires: RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THE JONATHAN CORPORATION FACILITY WHEREAS, the City of Virginia Beach Development Authority (t@e "Authority") has considered the application of The Jonathan Corporation, a Virginia corporation, (the "Com- pany") for the issuance of the Authority's industrial develop- ment revenue bonds in an amount not to exceed $5,000,000 (the "Bonds") to assist in the financing of the Company's construction and equipping of a ship repair facility consisting of a pier with steam, water, sewage, electric and other utilities, boilerhouse, power plant, and engineering, electrical, and production offices to be located at 2465 Ferry Road, in the city of Virginia Beach, Virginia (the "Facility"), and has held a public hearing thereon on October 8, 1985; 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 of the Code of Virqinia, 1950, as amended, a copy of the Authority's Resolution approving the issuance of the Bonds, subject to terms to be mutually aqreed 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. NOW, 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 Bonds by the City of Virginia Beach Development Authority for the benefit of The Jonathan Corporation 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; 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 Commonwealth, the City, or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virqinia 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 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 is restricted by any state or federal statute now or thereafter enacted. 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 October 14, 1985. SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: RS, Inc., a Virginia corporation in formation. 2. LOCATION: Southwest corner of Columbus Street and Independence Boulevard 3. DESCRIPTION OF PROJECT: 23-unit budget motel 4. AMOUNT OF BOND ISSUE: @000.00 5. PRINCIPALS: Thakor G. Patel 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property B-3 b. Is rezoning proposed? Yes No x c. If so, to what zoning classification? 11/5/83 EXHIBIT C FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING !)ATP: October 8, 1985 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: TYPE OF FACILITY: 23-unit budget motel on Southwest corner of Columbus Street and Independence Boulevard 1. Maximum amount Of financing sought $ 700,000.00 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 525,000.00 3. Estimated real property tax per year using present tax rates $ 4,200.00 4. Estimated personal property tax per year using present tax rates s 1 500.00 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 6,300.00 6. Estimated dollar value per year of goods and services that will be purchased locally $ 60@000,00 7. Estimated number of regular employees on year round baris 7 8. Average annual salary per employee $ 7,000,00 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 repect thereto. City of Virginia Beach Development Authority By c airman Econoipic Impact Statement I Aiiiouiit of iiivlstiiiciit $ -La 2. Ainoutit of iiidustrial revenue bond financing sought $ 7on-noo-no 3. Estiinated taxable value of the Eacility's real property to be constructed in the City of Virgiiiia Beacli $ 525,000.00 4. Fstimated real property tax per year using presciit tax rate $ 4,200.00 5. Estiinated personal property tax $ 1 500.00 6. Econoinic impact stateinent deinonstrating the overall return to the city: A. Number of new jobs 7 B. Payroll generated $ 49,000-00 A,. wage $ 7,000.00 C. Number of jobs retained N/A 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, inotor vehicles, etc.): Type Value $ 2,400.00 Operating Supplies: 10,000.00 Utilit,y & Phone Service: $ 34,000.00 u(T. SE m u p ies: 4,g(j6.06 Laundries and Linens: $ 3,600.00 Tc-cou-nTi-@g.-- --- -rro(T.-66- Maintenance Supplies:- $ 3,200.00 AT e@r'fi-@i n@ TOTAL 1". PsLiinaLe(I bllildiiig pcrmit fee ajid other municipal f Les $ 45,000.00 G Estimated construction payroll $230,000.00 H. EstimaLed value of construction material to be purcliased within the City of Virgi.ili,zi lleacti $ 250,000.00 I. l@stiinated nuini3er oE construction jobs 100 (many short erm) 11. Aiiy otli(,r iteiiis wliich tlie applicant Eeels the Authority should be made aware of in evaluatiiig tlie project There is a real shortaqe of clean. inexpensive and convenient btTcFg@t-motel rooms in the Pembroke area. 7. Is the site currently zoned for the specific use being proposed for industrial revenue bond financing? Yes X No 8. Has a bond purchase agreement/commitment been accepted by the applicaiit? (attach a copy) Yes No X 9. Will the bond financing close within 90 days from the date of adoptiori of the iilduceinent resolution? Yes X No 10. Location of project (attach location map) Southwest corner of Columbus Street and inq2p+/-_d@eiLcfLBoulevard (see attached location map) 11. Explanation of alternative financing that has been reviewed for project e e _a@roj ct requires IDA financinq to be economicaLlX_feasible. I fic-t:eby certify tliat th(-- inforination stated in the above filipict-- Sta(ieiiieiiL is acctiratl@ and trlie in all respects. T@p l@c-a n SLII-)scribed aild sworil to bl-fore me tliis Ift- day of Notary Public My Commission Expires: 2 ,ch zi %.p..d.... JHSI @/D C 4 21 ,C cov, WlTd4 DUq 6 K I N:@3 C, i 7 b LA 8 \,4y, NDE ENDENCE -T 0P..b,.k. 10 a M.11 1, I ri I A @F- @All 1 2 NAME: RS, INC., a Virginia corporation in formation ADDRESS: Southwest corner, Columbus Street and Independence Boulevard PROJECT: BUDGET MOTEL (23 units) A meeting of the Council of the CitY of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the 14th day of October, 1985. On motion by and seconded by the following Resolution was adopted. RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL I)FVFIOPMFNT REVENUE BONDS TO RS, INC. WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the "Authority"), has considered the application of RS, Inc., a Virginia corporation in formation (the "Company"), for the issuance of the Authority's industrial development revenue bond or bonds in an amount estimated at $700,000.00 (the "Bonds") to assist in the financing of the Company's acquisition, construction, and equipping of an approximately 23 room budget motel facility (the "Project") on the southwest corner of Columbus Street and Independence Boulevard, in the City of Virginia Beach, Virginia (the "City"), and has held a public hearing thereon on October 8, 1985. WHEREAS, the Authority has requested the City Council (the "Council") of 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, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon and a record of the public hearing has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council approves the issuance of the Bonds by the Authority for the benefit of RS, Inc., to the extent required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Project. 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, 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 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 damages to any person, direct or consequential, 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 or the Commonwealth of Virginia's Allocation Administrator in the sole discretion of either to allocate the allowable industrial development bond volume to one or more other projects; 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. 4. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on October 14, 1985. WLN.RESO.RS.9/10/85 - 2 - 4/2 5/8 4 SUMMARY SHEET CI'PY OF VILIGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: L.M. SANDLER AND SONS, INC. 2. LOCATION: 1224 DIAMOND SPRINGS ROAD VIRGINIA BEACH, VA 3. DESCRIP'VION OF PROJECT: New Date Processing Hardware and Associated Accessories 4. AMOUNT OP BOND ISSUE: $ 500,000 5. PRINCIPALS: Equity Owners' Mr. Sam Sandler Mrs. S. Bigel Mr. Art Sandler Mr. Steve Sandler 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property N/A b. Is rezoning proposed? Yes No x C. If so, to what zoning classification? N/A FISCAL IMPACT STATEI.IENT SUBtlITTED TO CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Date: September 12, 1985 The undersigned Chairman states, in compliance with Section 15.1-1378.2, Code of Virginia of 1950: Name of Applicant: L.M. Sandler & Sons Facility: Data Processing Hardware and Associates Accessories 1. Maximum amount of financing sought $ 500,000 2. Estimated taxable value of the facility's real property to be constructed in the City of Norfolk $ N/A 3. Estimated real property tax per year using present tax rates $ N/A 4. Estimated personal property tax pe@ year using present tax rates $ 1,500 5. Estimated business license (in lieu of merchants' capital) tax per year using present tax rates $ 60,000 6. Estimated dollar value per year of none as a result of this bor goods and services that will be issue other than equipment purchased locally $ to be acquired 7. Estimated number of regular employees none as a result of this on year round basis financing 8. Average annual salary per employee $ N/A Name of Applicant: L.M. Sandler & Sons CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By Chairman I L.M. SANDLER AND SONS, INC. REVENUE BOND FINANCING APPLICATION Economic Impact Statement 1. Amount of investment: $500,000 2. Amount of industrial revenue bond financing sought: $500,000 3. Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach: N/A 4. Estimated real property tax per year using present tax rate: N/A 5. Estimated personal property tax: $1,500 6. Economic impact statement demonstrating the overall return to the City: A. Number of new jobs: -0- B. Payroll generated: -0- Av. Wage -0- C. Number of jobs retained: 400 D. Payroll retained: $5.5 million Av. Wage: $15,000+ 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 TOTAL $ /year F. Estimated building permit fee and other municipal fees: N/A G. Estimated construction payroll: N/A H. Estimated value of construction material to be purchased within the City of Virginia Beach: N/A I. Estimated number of construction jobs: N/A J. Any other items which the applicant feels the Authority should be made aware of in evaluating the project 7. Is the site currently zoned for the specific use being proposed for industrial revenue bond financing? Yes X 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 inducement resolution? Yes X No 10. Location of project (attach location map) Contiguous with the existing Sandler Foods facility 2 11. Explanation of alternative financing that has been reviewed for project: Conventional financing does not allow the firm to expand its facilities in this competitive industry which has traditionally operated with a net profit margin of approximately 1% of sales. I hereby certify that the information stated in the above Economic Impact Statement is accurate and true in all respects. L. M INC. (AWid,ot) Executive Vice President Subscribed and sworn to before me this /@4day of 1985. L@ tz - kJA-@, u Notary Public My Comission Expires: IM@'t II)Illgq GKQ.EIC.SANDLER.9/12/85 - 3 PROJECT NAME: L.M. SANDLER AND SONS, INC. PROJECT.ADDRESS: 1224 DIAMOND SPRINGS ROAD VIRGINIA BEACH, VA. TYPE PROJECT: NEW DATA PROCESSING HARDWARE AND ASSOCIATED ACCESSORIES A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the 14th day of October, 1985. Councilman Councilman On motion bY Louis Jones - and seconded by Henr M@oy, Jr., the following Resolution was adopted. RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO L.M. SANDLER & SONS WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the "Authority"), has considered the application of L.M. Sandler & Sons (the "Purchaser"), for the issuance of the Authority's industrial development revenue bond or bonds in an amount estimated at $500,000 (the "Bonds") to assist in the financing of the Purch,aser's acquisition and installation of new data processing hardware and associated accessories (the "Project") in the City of Virginia Beach, Virginia, and has held a public hearing thereon on October 8, 1985. 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 (the "Code"), 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 and a record of public hearing has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council approves the issuance of the Bonds by the Authority, for the benefit of the Purchaser, to the extent required by Section 103(k) of the Code and Section 15.1-1378.1 of the Virginia Code, to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds, as required by Section 103(k) of the Code and Section 15.1-1378.1 of the Virginia Code, 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 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. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on October 14, 1985. GKQ.RESO.SANDLER.9/12/85 2 - 4/25/84 EXHIBIT F SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NHKE: George S. Hazzis Facility 2. LOCATION: 529 Viking Drive Virginia Beach, Virginia 3. DESCRIPTION OF PROJECT: acquiring, improving and equipping a manufacturing, warehouse, distribution, communications, training and office faci@itv 4. AMOUNT OF BOND ISSUE: $995,000.00 5. PRINCIPALS: George S. Hazzis, 3040 Lynndale Road, Virginia Beach, Virginia 3@452 Tidewater Pizza. T@,.. 515 London Brid@e Road, Virginia Beach, Virginia 23454 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property b. Is rezoning proposed? Yes No X C. If so, to what zoning classification? Exhibit D FISCAL IMPACT STATE14ENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: TYPE OF FACILITY: 1. Maximum amount of financing sought $ 995,000.00 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 1,425,000.00 3. Estimated real property tax per year using present tax rates $ 11,400.00 4. Estimated personal property tax per year using present tax rates $ 24, 000. 00 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 12, 500. 00 6. Estimated dollar value per year of goods and services that will be purchased locally $ 6,100,000.00 7. Estimated number of regular employees on year round basis $ 394 8. Average annual salary per employee $ 10,000.00 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 repect thereto. City of Virginia Beach Development Authority By Ch E,,hlbt F Economic Impact Scatement 1. Amount of investment $1,903,000.00 2. A=unt of industrial revenue bond financing sought $ 995,000.00 3. Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach $1 425 000.00 4. Escimated real property tax per year using present tax rate .80/100 $ 11,4@@.00 S. Estimated personal property tax (Va. Beach only) $ 24,000.00 6. Economic impact statement demonstrating the overall return to the city: A. Number of new jobs 141 _ Dossible B. Payroll generated $1,410,000.00 Av. Wage $-IO,Dob.00 *c. Number of jobs retained 253 D. Payroll retained $2,365,000.00 Av. Wage $ 9,400.00 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 Inventory $. 5, 200,000.00 Equipment and M.Chin,!,y $. 450,000.00 Professional Services $ 330,000.00 Motor Vehicles $ 120,000.00 TOTAL $6,100,000.00 *Actual number of jobs retained is 442, however, manyare part-time (i.e. under 55 hours/week) employees, therefore, applicant has converted the nu,be, of jobs figure to a full time employee equivalent based on actual payroll figures for comparison purposes. F. Estimaced building permit fee and other municipal fees $ N/A G. Estimated construction payroll $ N/A H. Estimated value of construction material to be purchased within the City of Virginia Beach $ N/A 1. Estimated number of conscruction jobs N/A J. Any other @Eems which the applicant feels the Authority should be made aware of in evaluating the project (1) The purchase of the Fermanite nr,,pert,@ relocation of Tidewatef-Pizza, Inc., will ensure that the opera ion wi remain in Virginia Beach rather than relocating in another city. (2) Tbe refital of the existing Tidewater Pizza taciiity by Permanite wiii ensure 7. ESiTiR@i@ 'z6 "@gionrat@eachiC,f,C nea e sp use being Zoned proposed for industrial revenue bond financing? Yes X No 8. Has a bond purchase agreement/co=itment 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 inducement resolution? Yes X No 10. Location of project @attach location map) 529 Viking Drive, Vi,@inia Beach, Virginia 11. Explanation of alternative financing that has been reviewed for project NONE I hereby certify that the information stated in the above Economic Impact Statement is accurate and true in all respects. YApplicant) Subscribed and sworn to before me this day of 1985. (Notary Pu'blic) My Commission Expires: 19 &c/I@ /IS? Joins Map 13 A B E F H 2 3 ttAWW 3@ 4 PAR] 6 ,OCA, NAIV, '6' Al GREE SEE GRID 84 3 OGGES@L CT ARLING FA@ EN@ 9 ,.T )WN George S. Hazzis Facility 529 Viking Drive Va. Beach, VA Ilanufacturing, Office - Waretiouse Facility RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THE GEORGE S. HAZZIS FACILITY WHEREAS, the City of Virginia Beach Development Authority (the Authority) has considered the application of George S. Hazzis (the Applicant) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $995,000.00 (the Bonds) to assist in the financing of the Applicant's acquisi- tion, improvement, and equipping of a manufacturing, warehousing, distribution, wholesale, vehicle repair, communication, training and office facility (the Facility) to be located at 529 Viking Drive in the City of Virginia Beach, Virginia and has held a public hearing thereon on October 8, 1985; 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 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 Bonds by the City of Virginia Beach Development Authority for the benefit of George S. Hazzis, 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 Applicant, but pursu- ant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obliqated 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. 3. 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 October 14, 1985 1985. SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: SHEALY HODGr-8 CO-RPO-PATION 2. LOCATION: PARCEL 74 SEAHAWK CIRCLE OCE@IA WEST I',IDUSTRIAL PARK OFFICE WAPEHOUSE AND DISTRIBUTION FACILITY FOR IIEATING A7i4D AI.TZ CO'4DIT- 3. DESCRIPTION OF PROJECT: TONING SERVICE A-qD SULZLY AND LEASING OF REPPIGERATIOT4 EQUIPMENT 4. AMOUNT OF BOND ISSUE; 600.QOO 5. PRINCIPALS: Bernard W. Hodqes 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property b. Is rezoning proposed? Yes NoX C. If so, to what zoning classification? 'i/A FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: SEPTEMBER 12, 1985 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NA14E: SHEALY HODGES CORPOPATION TYPE OF FACILITY: Headquarters for Heating and Air Conditioning Service and Supply and Leasing of Refrigeration Equi,pment 600,000 1. maximum amount of financing sought $ 2. Estimated taxable value of the facility's real property to be constructed in the 540 @000 municipality $ 3. Estimated real property tax per year using present tax rates $ 4,960 4. Estimated personal property tax per year using present tax rates $ 12,000 5. Estimated merchants' capital (business license) tax per year using present tax rates $ iinknown 6. Estimated dollar value per year of goods and services that will be purchased locally $ 200,000 7. Estimated number of regular employees on year round basis $ 67 8. Average annual salary per employee $ 12,971 The information contained in this Statement is based solely on facts and estimates provided by the Applicp-nt, and the Authority has made no independent investigation with respect thereto. City of Virginia Beach Development Authority B Chairman ECONOMIC IMPACT STATEMENT 1. Amount of investment $ 6 5 0 , 0 0 0 2. Amount of industrial revenue bond financing sougbt $ 600,000 3. Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach $ 6 2 0 , 0 0 0 4. Estimated real property tax per year using present tax rate $ 4,960 5 Estimated personal property tax $ 1 2 , 00 0 6. Economic impact statement demonstrating the overall return to the city: A. Number of new jobs 14 possible B. Payroll generated $ 162,500 Av. Wage $ 11,600 C. Nuniber of jobs retained,- 53 D. Payroll retained $ 687,500 Av. Wage $ 12,971 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 $ 200,COO fppq L- -I,nnn Insurance $ 30,000 Motc.r Vehicle $ 20,000 TOTAL $- 2 5 3 , 0 0 0 F. Estimated building permit fee and otber municipal fees $ 26 0 G. Estimated construction payroll $ 2CC,COO H. Estimated value of construction material to be purcbased within the City of Virginia Virginia Beacb $ 200,000 I. Estimated number of construction jobs -51 J. Any other items which the applicant feels the Authority should be made aware of in evaluating the project This rrovides for the major enpansion of Virginia Beach Cc. and the relc.caticn of a new business to Virginia Beach 7. Is the site currently zoned for the specific use being proposed for industrial revenue bond financing? Yes X No B. 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 x No 10. Location of project (attach location map) Seahawk Circlc- Oceana West Industrial Park 11. Explanation of alternative financing that bas b6en revi.ewed for project Reviewed conventional financing, and Droject is not possible at conventional rates because of the cost of land I hereby certify that the information stated in the above Economic Impact Statement is accurate and true in all respects. (Applicant) Subscribed and sworn to before me this day of 1985. l oil, Notary( Public My Commission Expires: 9 CHES@-IIAKE R H COR PROJECT NAME: SHEALY HODGES CORPORATIBN PROJECT ADDRESS: PARCEL 74 SEAHAWK CIRCLE OCEANA WEST INDUSTRIAL PARK TYPE OF PROJECT: HEADQUARTERS FOR HEATING AND AIR CONDITIONING SERVICE AkID SUPPLY AND LEASING OF REFRIGERATION EQUIPMENT RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR SHEALY HODGES CORPORATION WHEREAS, the City of Virginia Beach Development Authority (the Authority) has considered the application of Shealy Hodges Corporation, (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $600,000 (the Bonds) to assist in the financing of the Company's acquisition, construction, and equipping of office, warehouse, repair and distribution facilities (the Facility) to be located at Parcel 74, Seahawk Circle, Oceana West Industrial Park, in the City of Virginia Beach, Virginia, and has held a public hearing thereon on October 8, 1985, 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 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, approve the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of Shealy Hodges Corporation, 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; 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 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. 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 October 14, 1985. -2- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: RARK Associates Facility 2. LOCATION: 161 Business Park Drive Virginia Beach, Virginia 23462 3. DESCRIPTION OF PROJECT: 2-story brick-block office building, approximately 7,000 sq. ft. of interior space 4. AMOUNT OF BOND ISSUE: $500,000 5. PRINCIPALS: Russell J. Redmond F. Brent Amundson Raynor E. Rice, Jr. V. Louise Kenslow 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property: i-1 b. Is rezoning proposed? No C. If so, to what zoning classification? N/A FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: September 10, 1985 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: RARK Associates Facility TYPE OF FACILITY: Office Building 1. Maximum amount of financing sought $500,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $455,000 3. Estimated real property tax per year using present tax rates $ 3,640 4. Estimated personal property tax per year using present tax rates $ 1,850 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 7,500 6. Estimated dollar value per year of goods and services that will be purchased locally $478,100 7. Estimated number of regular employees on year round basis 35 8. Average annual salary per employee $24,000 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investiqation with respect tlaereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By Chairman i Economic Impact Statement 1. Amount of investment $500,000 2. Amount of industrial revenue bond financing sought $500,000 3. Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach $455,000 4. Estimated real property tax per year using present tax rate $ 3,640 5. Estimated personal property tax $ 1,850 6. Economic impact statement demonstrating the overall return to the City: A. Number of new jobs 1986-10 1987-10 1988-15 B. Payroll generated $24,000 yr. Av. Wage $24,000 C. Number of jobs retained N/A D. Payroll retained $ N/A Av. Wage $ N/A E. Estimate of the value of goods and services purchased within the geographic boundary of Virqinia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type Value insurance $ 18,000 Media purchases 417,600 Free lance service 37,500 Miscellaneous (lawn service, etc.) 5,000 F. Estimated building perinit fee and other municipal fees $ 6,000 G. Estimated construction payroll $200,000 H. Estimated value of construction material to be purchased within the City of Virginia Beach $129,000 I. Estimated number of construction jobs 38 J. Any other items of which the applicant feels the Authority should be made aware of in evaluating the project Although only 50% of the building will be leased to Redmond Amundson & Rice Advertising, Inc. (RAR, Inc.), it is anticipated that RAR, Inc. will expand to occupy the entire building. 7. Is the site currently zoned for the specific use being proposed for industrial revenue bond financing? Yes x No 8. Has a bond purchase agreentent/commitment been accepted by the applicant? (attach a copy) Yes No See Attached 9. Will the bond financinq close within 90 days from the date of adoption of the inducement resolution? Yes x No 10. Location of project (attach location map) 161 Business Park Drive 11. Explanation of alternative financing that has been reviewed for project None I hereby certify that the information stated in the above Economic Impact Statement is accurate and true in all respects. 2 RARK ASSOCIATES By (Applicant) Subscribed and sworn to before me this day of 1985. y @otary Public My Conimission Expires: 3 EE t \,A 'f @yl., HS L,k@ r,yi@ C. N*E OF PRDJECT RARK Associates Facility ADDRESS OF RNRCT 161 B-usiness Park Drive, TYPE OF PRDJECR Office Building RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR RARK ASSOCIATES WHEREAS, the City of Virginia Beach Development Authori- ty (the Authority), has considered the application of RARK Associates, a Virginia general partnership (the Company) whose address is 161 Business Park Drive, Virginia Beach, Virginia 23462, for the issuance of the Authority's industri- al development revenue bonds in an amount not to exceed $500,000 (the Bonds) to assist in financing of the Company's acquisition, construction, and equipping of a 7,000 sq. ft. expansion (the Facility) of its office building to be located at 161 Business Park Drive, in the City of Virginia Beach, Virginia; and WHEREAS, the Facility will be owned by the Company and approximately 50% of the space will be leased initially to Redmond, Amundson & Rice Advertising Agency, Inc. (RAR, Inc.) and 50% to third party tenants until needed by RAR, Inc.; and WHEREAS, the Authority has held a public hearing on the issuance on the Bonds on October 8, 1985; 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 of 1954, as amended (the Internal Revenue Code) and (ii) 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 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 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 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 of the 1964 Acts of the General Assembly of Virginia, 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 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 damages to any 2 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 Council of the City of Virginia Beach, Virginia, on October 14, 1985 1985. 3 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: CLEVELAND STREET, INC. FACILITY 2. LOCATION: Approximately 3.5 acres of land fronting approximately 321.5 feet on the south side of Cleveland Street, the eastern terminus of which is approximately 578.5 feet west of the southwest intersection of Cleveland Street and Aragona Boulevard 3. DESCRIPTION OF PROJECT: A commercial condominium project containing 40 condomin- ium units, each unit being comprised of office, warehouse, and/or showroom space 4. AMOUNT OF BOND ISSUE: $6,120,000 5. PRINCIPALS: John R. Pflug, Jr. Robert McGee Doug Etka 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property: B3 b. Is rezoning proposed? No C. If so, to what zoning classification? N/A FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: SEPTEMBER 11, 1985 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: CLEVELAND STREET, INC. FACILITY TYPE OF FACILITY: OFFICE/WAREHOUSE/SliOW ROOM 1. Maximum amount of financing sought $6,120,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $4,931,250 3. Estimated real property tax per year using present tax rates $ 39,450 4. Estimated personal property tax per year using present tax rates $1,620,000 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 20,000 6. Estimated dollar value per year of goods and services that will be purchased locally $ 944,750 7. Estimated number of regular employees on year round basis 107 8. Average annual salary per employee $ 17,000 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 DEVELOPMENT AUTHORITY By Chairman Economic Impact Statement 1. Amount of investment $6,120,000 2. Amount of industrial revenue bond financing sought $6,120,000 3. Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach $4,931,250 4. Estiniated real property tax per year using present tax rate $ 39,450 5. Estimated personal property tax $1,620,000 6. Economic impact statement demonstrating the overall return to the City: A. Number of new jobs 107 B. Payroll generated $1,819,000 Av. Wage $17,000 C. Number of jobs retained none D. Payroll retained $ N/A Av. Wage $ N/A E. Estimate of the value of goods and services pur- chased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type Value Inventory $180,000 Machinery (1st year) 362,500 Leqal and Accounting Fees 6,250 Moving Equipment 396,000 F. Estimated building permit fee and other municipal fees $ 2,652 G. Estimated construction payroll $1,093,750 H. Estimated value of construction material to be purchased within the City of Virginia Beach $1,250,000 I. Estimated number of construction jobs 15 J. Any other items of which the applicant feels the Authority should be made aware of in evaluating the project significant increase in tax revenues 7. Is the site currently zoned for the specific use being proposed for industrial revenue bond financing? Yes x 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 inducement resolution? Yes x No 10. Location of project (attach location map) fronting approximately 321.5 feet on the south side of Cleveland Street, the eastern terminus of which is approximately 578.5 feet west of the southwest inter- section of Cleveland Street and Aragona Drive in Virginia Beach, Virginia 11. Explanation of alternative financinq that has been reviewed for project N/A I hereby certify that the information stated in the above Economic Impact Statement is accurate and true in all respects. 2 CLEVELAND STREET, INC. by M- (App @.,,t S @T14 Subscribed and sworn to before me thi I-T day of -? 1985. Notary Publi My Comrnission Expires: C". ],-It 'f 3 NAME OF PROJECT: CLEVELAND STREET, INC. ADDRESS OF PROJECT: Approximately 3.5 acres of land fronting approximately 321.5 feet on the south side of Cleveland Street, the eastern terminus of which is approximately 578.5 feet west of the southwest intersection of Cleveland Street and Aragona Boulevard TYPE OF PROJECT: Office/Warehouse Condominium RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR CLEVELAND STREET, INC. WHEREAS, the City of Virginia Beach Development Authori- ty (the Authority), has considered the application of Cleve- land Street, Inc. (the Company) whose address is 5501 Cherokee Avenue, Suite 200, Alexandria, Virginia 22312, to provide financing to commercial enterprises (the Purchasers) for the acquisition and equipping of commercial condominium units (the Facilities) in a condominium project (the Project) to be located on approximately 3.5 acres of land fronting approximately 321.5 feet on the south side of Cleveland Street, the eastern terminus of which is approximately 578.5 feet west of the southwest intersection of Cleveland Street and Aragona Boulevard in Virginia Beach, Virginia (the City); and WHEREAS, the Project will contain approximately 40 Facilities, each Facility consisting of office, warehouse and/or showroom space, and will be managed initially by the Company; and WHEREAS, the Authority has agreed to issue its industri- al development revenue bonds (the Bonds) under Chapter 643 of the 1964 Acts of the General Assembly of Virginia, as amended (the Act) in an amount not to exceed $6,120,000 as may be necessary to finance the costs to be incurred by the Purchas- ers in acquiring and equipping the Facilities; and WHEREAS, a public hearing has been held thereon on October 8, 1985 as required by Section 103(k) of the Internal Revenue Code of 1954, as amended (the Internal Revenue Code) and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the Virginia Code); and WHEREAS, the Authority has requested the City Council (the Council) of the City, to approve the issuance of the Bonds to comply with (i) Section 103(k) of the Internal Revenue Code and (ii) Section 15.1@1378.1 of 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 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 Company and the Purchasers, to the extent of and as required by Section 103(k) of the Internal Revenue Code and Section 15.1-1378.1 of the Virginia Code, to permit the Authority to assist in the financing of the Facilities. 3. The approval of the issuance of the Bonds, as required by Section 103(k) of the Internal Revenue Code 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 the Act, 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 taxinq power of the Commonwealth, the City or the Authority shall be pledged thereto. 4. In approvinq 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 damages to any person, direct or consequential, resulting from (1) the Authority's failure to issue bonds for the Facilities 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 Facilities to allocate a portion of its allowable industrial development bond volume to the Facilities 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 Council of the City of Virqinia Beach, Virginia, on October 14, 1985 1 9 85 . 2 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: ARAGONA BOULEVARD, INC. FACILITY 2. LOCATION: Approximately 3.5 acres of land fronting approximately 310 feet on the south side of Cleveland Street, the eastern terminus of which is approximately 268.5 feet west of the southwest intersection of Cleve- land Street and Aragona Boulevard 3. DESCRIPTION OF PROJECT: A commercial condominium project containing 40 condomin- ium units, each unit being comprised of office, warehouse, and/or showroom space 4. AMOUNT OF BOND ISSUE: $6,120,000 5. PRINCIPALS: John R. Pflug, Jr. Robert McGee Robert King 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property: B3 b. Is rezoning proposed? No C. If so, to what zoning classification? N/A FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: SEPTEMBER 11, 1985 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: ARAGONA BOULEVARD, INC. FACILITY TYPE OF FACILITY: OFFICE/WAREHOUSE/SHOW ROOM 1. Maximum amount of financing sought $6,120,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $4,931,250 3. Estimated real property tax per year using present tax rates $ 39,450 4. Estimated personal property tax per year using present tax rates $1,620,000 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 20,000 6. Estimated dollar value per year of goods and services that will be purchased locally $ 944,750 7. Estimated number of regular employees on year round basis 107 8. Average annual salary per employee $ 17,000 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 DEVELOPMENT AUTHORITY By n EconoiDic Impact Statement 1. Amount of investment $6,120,000 2. Amount of industrial revenue bond financing sought $6,120,000 3. Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach $4,931,250 4. Estimated real property tax per year using present tax rate $ 39,450 5. Estiinated personal property tax $1,620,000 6. Economic impact statement demonstrating the overall return to the City: A. Number of new jobs 107 B. Payroll generated $1,819,000 Av. Wage $17,000 C. Number of jobs retained none D. Payroll retained $ N/A Av. Wage $ N/A E. Estimate of the value of goods and services pur- chased within the geographic boundary of Virginia Beach by t@,pe (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type Value Inventory $180,000 Machinery (1st year) 362,500 Legal and Accounting Fees 6,250 Moving Equipment 396,000 F. Estimated building permit fee and other municipal fees $ 2,652 G. Estimated construction payroll $1,093,750 H. Estimated value of construction material to be purchased within the City of Virginia Beach $1,250,000 I. Estimated number of construction jobs 15 J. Any other items of which the appiicant feels the Authority should be made aware of in evaluating the project significant increase in tax revenues 7. Is the site currently zoned for the specific use being proposed for industrial revenue bond financing? Yes x 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 inducement resolution? Yes x No 10. Location of project (attach location map) fronting approximately 310 feet on the south side of Cleveland Street, the eastern terminus of which is approximately 268.5 feet west of the southwest inter- section of Cleveland Street and Aragona Boulevard in Virginia Beach, Virginia 11. Explanation of alternative financing that has been reviewed for project N/A I hereby certify that the information stated in the above Economic Impact Statement is accurate and true in all respects. 2 ARAGONA BOULEVARD, INC. by (Applicadt) Subscribed and sworn to before me this day of 1985. Notary Pubiic My Commission Expires: CV ;51 @'I F)' 3 NAME OF PROJECT: ARAGONA BOULEVARD, INC. ADDRESS OF PROJECT: Approximately 3.5 acres of land fronting approximately 310 feet on the south side of Cleveland Street, the eastern terminus of which is approximately 268.5 feet west of the southwest intersection of Cleveland Street and Aragona Boulevard TYPE OF PROJECT: office/Warehouse Condominium RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR ARAGONA BOULEVARD, INC. WHEREAS, the City of Virginia Beach Development Authori- ty (the Authority), has considered the application of Aragona Boulevard, Inc. (the Company) whose address is 5501 Cherokee Avenue, Suite 200, Alexandria, Virginia 22312, to provide financing to commercial enterprises (the Purchasers) for the acquisition and equipping of commercial condominium units (the Facilities) in a condominium project (the Project) to be located on approximately 3.5 acres of land fronting approxi- mately 310 feet on the south side of Cleveland Street, the eastern terminus of which is approximately 268.5 feet west of the southwest intersection of Cleveland Street and Aragona Boulevard in Virginia Beach, Virginia (the City); and WHEREAS, the Project will contain approximately 40 Facilities, each Facility consisting of office, warehouse and/or showroom space, and will be managed initially by the Company; and WHEREAS, the Authority has agreed to issue its industri- al development revenue bonds (the Bonds) under Chapter 643 of the 1964 Acts of the General Assembly of Virginia, as amended (the Act) in an amount not to exceed $6,120,000 as may be necessary to finance the costs to be incurred by the Purchas- ers in acquiring and equipping the Facilities; and WHEREAS, a public hearing has been held thereon on October 8, 1985 as required by Section 103(k) of the Internal Revenue Code of 1954, as amended (the Internal Revenue Code) and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the Virginia Code); and WHEREAS, the Authority has requested the City Council (the Council) of the City, to approve the issuance of the Bonds to comply with (i) Section 103(k) of the Internal Revenue Code and (ii) Section 15.1-1378.1 of 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 coniments expressed at the public hearing, if any, and the fiscal impact state- ment required by 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 Company and the Purchasers, to the extent of and as required by Section 103(k) of the Internal Revenue Code and Section 15.1-1378.1 of the Virginia Code, to permit the Authority to assist in the financing of the Facilities. 3. The approval of the issuance of the Bonds, as required by Section 103(k) of the Internal Revenue Code 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 the Act, 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 damages to any person, direct or consequential, resulting from (1) the Authority's failure to issue bonds for the Facilities 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 Facilities to allocate a portion of its allowable industrial development bond volume to the Facilities 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 irmnediately upon its adoption. Adopted by a majority of a quorum of the Council of the City of Virginia Beach, Virginia, on October 14, 1985 1985. 2 RESOLUTION WHEREAS, the Industrial Developinent Authority of the County of Henrico, Virginia (the "Authority"), on January 17, 1985, adopted an inducement resolution (the "Resolution"), a copy of which is attached hereto, for the benefit of Virginia Hospital Association, a nonprofit association (the "Association"), wherein the Authority has agreed to assist the Associ,ti,n in fin,ncin8 the acquisition of certain real and personal property, including the purchase of certain equipment and the acquisition and construction of certain improvements for lease or sale to variou, nonprofit hospitals throughout Virginia and for the financing of indebtedness previously incurred by nonprofit hospitals to acquire such real or personal property (collectively, the "Project"), through the issuance of its medical facilities revenue bonds; and WHEREAS, the Authority proposes to issue its Hospital Facilities Adjustable Rate Revenue Bonds (the "Bonds") in an amount uP to $50,000,000 to finance the Project; and WHEREAS, Section 15.1-1378 of the Code of Virginia of 1950, as amended, states that an industrial development authority may not finance facilities in another jurisdiction that has an industrial development authority "unless the governing body of such county, city or town in whicii the fa,ilities are located or are proposed to be located, concurs with the induceraent resolution adopted by the Authority, and shows such concurrence in a duly adopted resolution"; and WHEREAS, the City Council for the City of Virginia Beach, Virginia, has been asked to express its concurrence with the Resolutic)ii so that a portion of the Project financed with the proceeds of the Bonds may be leased or 3old to Virginia Beach General flospital located in Virginia Beach, Virginia. BE IT RESOLVED by the City Council for the City of Virginia Beach, Virginia: 1. The City Council for the City of Virginia Beach, Virginia, concurs with the Resolution adopted by the Authority for the benefit of Virginia Hospital Association to the extent required by Section 15.1-1378 to allow the Authority to finance with the proceeds of the Bonds a portion of the Project described iii the Resolution that is to be located in the City of Virginia Beach, Virginia, for the benefit of Virginia Reach General Hospital. 2. This Resolution shall take effect immediately. 2 Inducemeiit: Virginia flospital Association - 1985 Financing Pr og r aitt RESOLUTION OF THE IL@DUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF HEiqRICO, VIPCINIA Y?HEREAS, there have been described to the Industri,l Development Authority of the County of Henrico, Virginia (the Authority), the plans of the Virginia Hospital Association, a nonprofit organization (the Association), to provide for (a) the acquisition of certain real and personal property, including the purchase of certain equipment and cne acquisition and constructiori of certain improvements for lease or sale to various nonprofit hosLDitals throughout Virginia and (b) the refinancing of indebtedness previously incurred by such non- profit hospitals to acquire such real or personal property; and WHEREAS, the Association in its appearance befoee the Authority and in its application has d--scribed the benefits that such an undertaking will provide to Virginia and has re- quested the Authority to agree to issu-- its medical facilities revenue bonds under the Virginia Industrial Development and Revenue Bond Act (the Act) in such amounts as may be necessary to finance costs of acquiring and constructing such property and refinancing such property previously acquired and con- structed (collectively, the Project); BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMEIQT AUTLJOPITY OF THE COUNR OF HENRICO, VIRGINIA: 1. It is hereby found and determin--d that the under- taking of the Project will result in better medical facilities for the inhabitants of Henrico County and olher ar--as of Vir- ginia, will lower the cost of nonprofit hospitals in providing medical care to th-- inhabitants of the Commonwealth, will be in the public interest, will be of benefit to the inhabitants of Virginia and will be consistent with the purposes of the Act. 2. To induce the Association to undertake or assist in the undertaking of the Project and thereby induce nonprofit hospitals in Virginia to do the same, the Authority hereby agrees to undertake the issuance of its medical facilities rev- enue bonds therefor in an amount not to exceed $50,000,000 upon terms aiid conditions to be mutually agreed upon between the Au- thority and the Association. The components of the Project shall be leased or sold by the Authority to the Association or to the participating hospitals pursuant to lease or installment sale agreements that will provide payments to the Authority sufficient to pay the principal of and premium, if any, and in- terest ori the bonds. The bonds shall be issued in form and pursuant to terms to be set by the Authority, and the paymelit of the bonds shall be secured by an assignment, for the benefit of the holders thereof, of the Authority's rights to payments -2- under the lease or installment sale agreement and may be addi- tionally secured by a security interest in the Project. 3. It havirig been represented to the Authority that it is necessary to proceed immediately @iith the Project, the Au- thority hereby agrees that the Association and participating hospitals may proceed with plans for the Project, enter into contracts for acquisition and construction and take such other steps as it may deem appropriate in connecrion therewitn, pro- vided that nothing herein shall be deemed to authorize the As- sociation to obligate the Authority without its consent in each instance to the payment of any moneys or the performance of ariy acts in connection with the Project. 'l,he Authority acjrees tha@ the Association and the participating hospitals may b-- reim- bursed from the proceeds of the borids for all costs so incurred by any of theri, whether LDrior to or after adoption of this res- olution. Tne Authority also agrees, if requested, to issue its notes to obtain interim financing for the Project on terms to be mutually agreed upon, such notes to be secured as required by the lender and the Authority. 4. The Authority may accept from or on behalf of the Association and the participating hospitals conveyance of such land in the Commonwealth on which the components of the Project are to be located. The officers of the Authority are hereby authorized and directed to acceLDt and have recorded a proper -3- deed or deed in connection with such conveyance. If for any reason the bonds are not issued, it is understood that the Au- tiiority shall convey such LDroperty to the Association, the participating hospitals or to such other person as the Associa- tion and the participating hospitals may request, without cost other than the expense of preparation and record,tion of sucn deed or deeds of conveyance, which shall be paid by ttil Associ- ation. 5. At the request of the Association, the Authoricy hereby appoints Craigie Incorporated, Richmond, Virginia, and @iheat, First Securities, Inc., Richmond, virginia, as under- writers for the purchase and sale of the bonds pursuant to terms to be mutually agreed upon. 6- All COSTS and expenses in coniiection with the fi- nancing and th-- acquisition and const,u,ton of the Project, including the fees and expenses of bond counsel, counsel to the agent or underwriter for the sale of the bonds, counsel and fi- nancial advisor for the Authority, and so long as the bonds are OUtStanding, an annual payment to the Authority equal to $500 Per $1,000,000 in bonds issued or rata amount thereof, shall be paid from the proceeds of the bonds. If for any rea- son such bonds are not issued, it is understood that all such expenses shall be paid by the Asso-lation and that the Authori- ty shall have no responsibility therefor. -4- 7 In adopting this resoluti,n the Autilority iriterlds to take "Official action" toward thp- issuance of tl)e bonds within the meaning of regulations issued by the Internal Reve- nue Service pursuant tO Section 103 of the Internal Revenue Code of 1954, as amended. 8. The inducement given by this resolution shall also run to the Virginia Hospital Shared Services Corporation, a Virginia nonprofit, nonstock corporation, and other nonprofit entity related to the Association and aiiy nonorofit corz)oration or other entity created with the assista... of the Association for the purpose of financing the costs of expansion of, im- provements to and equipment for rionprotit hospitals jr, vir- ginia. 9. Uniess this resolution is extended by the Authori- tY, the bonds authorized hereunder shall be issued within ofil year from the datl hereof. 10. This resolution shall take effect immediately upon its adoption. -5- - 21 - Item II-I.l.c RESOLUTIONS SITEM # 24355 Upon motion by Councilman Louis Jones, seconded by Councilman McCoy, City Council DEFERRED until the City Council Meeting of October 21, 1985, RESOLUTION approving the Issuance of INDUSTRUX DEVELOPMENT REVENUE BONDS by the Virginia Beacb Development Authority to the following: F.C. ASSOCIATES $11,000,000 Voting: 7-0 Council Members Voting Aye: Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Nancy A. Creech, and Robert E. Fentress Council Members Abstaining: H. Jack Jennings, Jr. October.14, 1985 - 22 - Item 11-J CONSENT AGENDA ITEM # 24356 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Henley, City Council APPROVED in ONE MOTION Items 2, 3, 4, 5, 6, and 7. Item 1 was vote upon separately. Voting: 8-0 Council Members Voting Aye: Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Nancy A. Creech and Robert E. Fentress October 14, 1985 - 23 - Item II-J-1 CONSENT AGENDA ITEM # 24357 Upon motion by Councilwoman Henley, and seconded by Councilwoman Oberndorf, City Council ADOPTED, AS AMENDED, the following Ordinance: Resolution by the Council of the City of Virginia Beach requesting the Congress of the United States of America to oppose the repeal of tax exemption for state and local governmental bonds. The first paragraph, first sentence was AMENDED as per the following: -WHEREAS, the President's tax proposal issued in May 1985 recommends significant rsstrictions on the use of State and Local public purpose tax exempt governmental bonds; and Voting: 8-0 Council Members Voting Aye: Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Nancy A. Creech and Robert E. Fentress October - 23a - A RESOLUTION BY THE COUNCIL OF THE CITY OF VIRGINIA BFACH REQUESTING THE CONGRESS OF THE UNITED STATES OF AMERICA TO OPPOSE THE REPEAL OF TAX E)CEMPTION FOR STATE AND LOCAL GOVERM4ENTAL BONDS WHEREAS, the President's tax proposal issued in May 1985 recommends significant restrictions on the use of State and Local public purpose tax exempt governmental bonds; and WHEREAS, the proposed revisions are ambiguous, complex and inequitable; and WHEREAS, this proposal will severely limit state and local governments' ability to finance governmental services and facilities; and WHEREAS, if enacted, it is likely to result in increased costs to state and local governments; and WHEREAS, higher state and local taxes, reduced services, and deteriorating public facilities would be the inevitable result. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that the Congress of the United States of America is hereby requested to oppose the repeal of tax exemption for state and local goverrunental bonds issued for the legitimate and proper purposes of government to provide infrastructure improvements and other necessary expenses. Adopted by the Council of the City of Virginia Beach, Virginia on the Fourteenth day of October, 1985. Ruth Hodges Smith, (24C City Clerk - 24 - Item II-J-2 CONSENT AGENDA ITEM # 24358 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Henley, City Council ADOPTED the following Resolution: Resolution by the Council of the City of Virginia Beach requesting that Congress of the United States of America oppose the elimination of deductabiUty of state and local taxes from federal income taxes. Voting: 8-0 Council Members Voting Aye: Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A Baum, Nancy A. Creech and Robert E. Fentress October 14 1985 - 24a - A RESOLUTION BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH REQUESTING THAT CONGRESS OF THE UNITED STATES OF AMERICA OPPOSE THE ELIMINATION OF DEDUCTABILITY OF STATE AND LOCAL TAXES FROM FEDERAL INCOME TAXES WHEREAS, the President's tax proposals issued in May 1985 recommend elimination of deductability of state and local taxes in computing federal income taxes; and WHEREAS, this deductability has been the key principle in the federal system in that it avoids double taxation and facilitates state and local governments in raising necessary tax revenue to provide essential government services for which they are responsible; and WHEREAS, the termination of this reduction will have significant and immediate adverse effects on state and local gover=ents to generate tax revenue, and will result in reduction of critical government activities; and WHEREAS, the full effects of these proposed eliminations has not been considered by the President or his advisors and would have detrimental effects mainly on the lower and middle clarses of America which already bear a disproportionate share of the tax burden of this Country. THEREFORE, NOW BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that the Congress of the United States of America oppose the elimination of deductability of state and local taxes from federal income taxes as being too detrimental to the state and local governments of America and, also the individual lower and middle income tax payer. Adopted by the Council of the City of Virginia Beach, Virginia on the Fourteenth day of October, 1985. Ruth Hodges Sm-ith, CMC City Clerk 14 October 1985 - 25 - Item J-3 CONSENT AGENDA ITEM # 24359 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Henley, City Council ADOPTED the following Ordinance: Ordinance to amend and reordain Section 21-233 of the Code of the City of Virginia Beach, Virginia pertaining to passing vehicles on the right side. Voting: 8-0 Council Members Voting Aye: Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Nancy A. Creech and Robert E. Pentress - 25a - AN ORDINANCE TO AMEND AND REORDAIN SECTION 21-233 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA PERTAINING TO PASSING VEHICLES ON THE RIGHT SIDE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 21-233 of the Code of the City of Virginia Beach, Virginia, pertaining to passing vehicles on the right side, is hereby amended and reordained as follows: section 21-233. Same - on right side. (a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions: (1) When the vehicle (5rertaking being overtaken is making or about to make a left turnt and the driver of such vehicle has given a signal as required. (2) Upon a highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two (2) or more lines of moving vehicles in each direction. (3) Upon a one-way streett or upon any roadway on which traffic is restricted to one direction of movementt where the roadway is free from obstructions and of sufficient width for two (2) or more lines of moving vehicles. (b) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway. Adopted by the Council of the City of Virginia Beach, Virginia, this 14 day of October 1985. RMB/da (F) 1 0/7/8 5 - 26 - Item II-J-4 CONSENT AGENDA ITEM # 24360 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Henley, City Council ADOPTED the following Ordinance: Ordinance to transfer $281,081 in the water and sever fund in fiscal year 1984-1985 to match appropriations and expenditures. Voting: 8-0 Council Members Voting Aye: Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Nancy A. Creech and Robert E. Fentress October 14, 1985 - 26a - AN ORDINANCE TO TRANSFER $281.081 IN THE WATER AND SEWER FUND IN FISCAL YEAR 1984-1985 TO MATCH APPROPRIATIONS AND EXPENDITURES WHEREAS, unanticipated conditions caused the expenditures of various Transfers accounts in the Water and Sewer Fund to exceed their appropriations, and WHEREAS, the Debt Service in the Water and Sewer Fund has excess appropriations in amounts greater than those Transfers accounts exceeding their appropriations, and WHEREAS, the city desires to reallocate appropriations to alleviate the variance between expenditures and appropriations. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that appropriations be transferred within the Debt Service and Transfers accounts in the Water and Sewer Fund in Fiscal Year 1984-1985 as follows: From: 4241 25010 10040 Interest on Bonds $ 281,081 To: 4241 29000 00044 General Fund for Indirect Costs $ 281.081 This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia th October 85 on the Fourteen day of 19 October 14, 1985 - 27 - Item II-J-5 CONSENT AGENDA ITEM # 24361 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Henley, City Council ADOPTED the following Ordinance: Ordinance to transfer $247,946 within the Jobs Bill Program and Cornunity Development Funds. Voting: 8-0 Council Members Voting Aye: Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberadorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Nancy A. Creech and Robert E. Fentress - 27a - AN ORDINANCE TO TRANSFER $247.946 WITHIN THE JOBS BILL PROGRA,14 AND COKMUNITY DEVELOPMENT FUNDS WHEREAS. on September 12, 1983, Council accepted from the Department of Housing and Urban Development (HUD), a grant totalling $740,000 under the 1983 Jobs Bill Program to help improve the living standards of low and moderate income iiidividuals, and WHEREAS. the Jobs Bill Program will terminate on December 31, 1985 with all unspent funds to be returned to the federal government, and WHEREAS. the Department of Housing and Community Development has recommended that a surplus of $247,946 in Jobs Bill Program funds be reallocated to the Mill Dam and Lake Smith capital projects, and WHEREAS, the reallocation of the Jobs Bill Program funds will create a surplus of Community Development funds currently allocated to the Mill Dam and Lake Smith capital projects, which in turn. may be transferred to a contingency account for reprogramming to other projects at a later date. NOW THEREFORE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that Jobs Bill Program funds and Community Development funds be transferred as follows: JOBS BILL PROGRAM FUND From: Seabridge Site Development-Streets S 121.894 Seabridge Site Development-Water 62.090 Seabridge Site Development-Sewer 61,296 Day Care Center 470 Motor Vehicles 441 Burton Station Temporary Street Repair 1.625 Jobs Bill Administration 130 S 247.946 To: Mill Dam Water/Sewer/Streets S 97.996 Lake Smith Water/Sewer/Streets 149,950 S 247.946 COMMUNITY DEVELOPMENT FUND From: Mill Dam Water/Sewer/Streets S 97,996 Lake Smith Water/Sewer/Streets 149.950 S 247,946 To: Community Development Contingency S 247.946 This ordiiiance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Fourteenth day of October 19 85, - 28 - Item II-J-6 CONSENT AGENDA ITEM # 24362 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Henley, City Council ADOPTED the following Ordinance: Ordinance to correct property description for closure of a portion of Maynard Avenue adopted August 5, 1985. Voting: 8-0 Council Members Voting Aye: Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberadorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Nancy A. Creech and Robert E. Fentress - 28a - IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THOSE CERTAIN STREETS KNOWN AS MAYNARD AVENUE AND LAVENDER LANE LOCATED IN THE KEMPSVILLE BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED "PLAT PURSUANT TO STREET CLOSURE & VACATING ALL INTERIOR LOT LINES, BLOCK 57 & 58, EUCLID PLACE, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA" DATED MAY 10, 1985. WHEREAS, on August 5, 1985, the City Council of the City of Virginia Beach adopted an Ordinance closing portions of Maynard Avenue and Lavender Avenue in the Kempsville borough, which Ordinance has been recorded in the Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2437, at Page 1903; and WHEREAS, the property description of Maynard Avenue included in that Ordinance was incorrect and should have read as follows: That portion of Maynard Avenue commencing at the northwesterly corner of the intersection of Maynard Avenue with Aragona Boulevard, as shown on the Plat of Euclid Place; from said point of beginning S 73* 101 53" W, along the northerly side of Maynard Avenue a distance of 844.29 feet to a point in the northerly side of Southern Boulevard; thence S 84* 541 30" E, along the northerly side of Southern Boulevard 80.39 feet to a point; thence N 73' 101 53" E, along the southerly side of Maynard Avenue 757.64 feet to a point; thence N 05' 051 30" E, 32.33 feet to the point of beginning. WHEREAS, the plat submitted with the Ordinance correctly showed the portion of Maynard Avenue intended to be closed and it is the intent of City Council to correct the property description of the portion of Maynard Avenue which was closed on August 5, 1985, and thereby bring the property description into conformance with the property shown on the plat as having been closed, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: - 28b - That the property description of Maynard Avenue as it appears on the August 5, 1985, Ordinance of the City Council which has been recorded in Deed Book 2437, at Page 1903, in the office of the Clerk of the Circuit Court of the City of Virginia Beach, virginia, be, and the same hereby is, corrected to read as follows: That portion of Maynard Avenue commencing at the northwesterly corner of the intersection of Maynard Avenue with Aragona Boulevard, as shown on the Plat of Euclid Place; from said point of beginning S 73* 101 53" W, along the northerly side of Maynard Avenue a distance of 844.29 feet to a point in the northerly side of Southern Boulevard; thence S 84' 541 30" E, along the northerly side of Southern Boulevard 80.39 feet to a point; thence N 73* 10' 5311 E, along the southerly side of Maynard Avenue 757.64 feet to a point; thence N 05' 05' 30" E, 32.33 feet to the point of beginning. It is hereby further ordained that a certified copy of this Ordinance shall be filed in the office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, indexed in the name of the City of Virginia Beach, as grantor. This ordinance shall be effective upon the date of its adoption. Adopted this 14 day of October -, 1985, by the Council of the City of Virginia Beach, Virginia. KJC/da misc 1 0/4/8 5 -2- October 14 1985 28c ORDINANCE NO. IN I'HE MATTER OF' CLOSING, VACATING AND DISCONTINUING A PORTION C)p TilOSE CERTAIN STREETS KNOWN AS MAYNARD AVENUE AND IAVENDER LANE LOCASATSEIDIOWINN (TifE KEMIDSVILLE BOROUGII OF THE CITY OF VIRGINIA BEACH, VIRGINIA, )N 'I'ilAl CERTAIN PLAT ENTITLED "P.LAT PURSUANT TO STREET CLOSURE & VACATING ALL INTEI@ICJIZ LOT LINES, BLOCK 57 & 58, EUCLID PLACE, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA" DATED MAY 10, 1985. WHEREAS, it appearing by affidavit that proper notice has been given by Ernest L. Hudson and Phyllis A. Hudson that they would make application to the Council of the City of Virginia Beach, Virginia, on February 4, 1985, to have the hereinafter described streets discontinued, closed and vacated; and WHEREAS, it is the judgment of the Council that said streets be discontinued, closed and vacated; NOW, THEREFORE SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virgiriia, that the hereinafter described streets be discontinued, closed and vacated: (1) MAYNARD AVENUE. That portion of Maynard Avenue commencing at the northwesterly corner at the intersection of Maynard Avenue with Aragona Bo8levard as shown on the Plat of Euclid Place; thence S 73 10' 53" W, a distance of 1095.76 feet to a point_in the northern boundary of Southern Boulevard; thence S 84- 54- 30" E, 1107.94 feet along t8e southerly side of Maynard Avenue to a point; thence N 05 05' 30" E, a distance of 32.33 feet to the point of beginning. (2) LAVENDP-R LANE. That portion of Lavender Lane commencing at a point on the southwest c8rner of its intersection with c3eveland Street; thence S 84 54' 30" E, 50.0 feet to a point on the south- c-ast cornc@r of the intersection of Laveiider Lane and Cleveland Street; thence S 05,05- 30-1 W, 426.16 fe n 3stlot? a i t on the north side of Maynard Avenue; thence S 7 53@OW, 53.89 feet to a point at the northwest corner of the iptersection of Lavender Lane and Maynard Avenue; thence N 05- 05' 30" E, 446.27 feet to the point of beqinning. october 14, 1985 J:[].L5 28d Said parcels of land being portions of Maynard Avenue and Lavender Lane, as indicated on that certain piat of property to be vacated entitied "Plat Pursuant to Street Closure & Vacating All Intc,,rior Lot Lines, Block 57 & 58, Euclid Place, Kompsville Borough, Virginia Beacti, Virginia" dated May 10, 1985, made by James C. Hickinan, Land Survc,,yor. SECTION II A certified copy of this ordinance shall be filed in the Office of the Circuit Court of the City of Virginizi Beach, indexed in the name of the City of Virginia Bezich, as grantor. SECTION II1 October 14, 1985 - 29 - Item II-J-7 CONSENT AGENDA ITEM # 24363 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Henley, City Council APPROVED the following RAFFLE PERMIT: Catholic Daughters of the Americas-Ct Stalla Maris #1881 Virginia Beach Festivals, Inc. Zeta Chapter of Beta Sigma Phi Voting: 8-0 Council Members Voting Aye: Mayor Harold Heischober, Barbara M. Henley, R. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Nancy A. Creech and Robert E. Fentress - 30 - Item II-K.1/2/3 APPOINTMENTS ITEM # 24364 BY CONSENSUS, City Council RESCHEDULED APPOINTMENTS to the following: HAMPTON ROADS AIR POLLUTION CONTROL DISTRICT COMMISSION HISTORICAL REVIEW BOARD TRANSPORTATION SAFETY COMMISSION October 14, 1985 Item II-M.1/2/3 - 31 - NEW BUSINESS ITEM # 24365 R. J. Nutter, represented Tommy Lyons and advised his client was in favor of DEFERRAL. Upon motion by Councilman McCoy, seconded by Councilman Jennings, City Council DEFERRED until the City Council Meeting of November 4, 1985, at which time a PUBLIC HEARING* will be held, the following: Resolution to adopt parking lot landscaping specifications and standards to be utilized in connection with the administration of Section 5A, parking lot landscaping, of the Site Plan Ordinance. *Ordinance to amend and reordain Ordinance Number 486, Site Plan Ordinance by ADDING thereto Section 5A pertaining to parking lot landscaping. Ordinance to transfer $71,530 from the reserve for contingencies to fund two landscape inspection positions. Voting: 8-0 Council Members Voting Aye: Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberudorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Nancy A. Creech, and Robert E. Fentress - 32 - Item II-M.4 NEW BUSINESS ITEM # 24366 MUNCIPAL CENTER MASTER PLAN UPDATE David Grochmal, Director of General Services, introduced Jack Todd and Thad Broome of the Architectural Firm of WALLER, TODD AND SADLER Jack Todd emphasized this is an IMTERIM PLANNING CONCEPT and not a FINAL MASTER PLAN. Mr. Todd outlined the four phases in the development of the MASTER PLAN: (1) Surveyed the exisiting facilities at the Municipal Center for the purpose of locating all the departments and determined how much space each department occupies. (2) Determined existing staffing levels of the City Departments and made projections for future staffing levels (3) Determined existing and future space requirements for all the Departments or functions located at the Municipal Center. Projections indicate there will be a 63% increase in Municipal Center Staff over the next 25 years, from 1,763 employees to a level of 2,868. The School Administration Building was not included in the scope of the project. All City and Court Functions are presently housed in 29 different structures totaling just under 500,000 gross square feet. Approximately 380,000 square feet is fully useable. Thad (Pete) Broome summarized the results of the MASTER PLAN'S Third Phase which evolved into 9 different planning groups. The severest shortages are with the General Registrar's Office. The Judicial depicts another severe shortage. The shortage is mainly in the City's Public Safety Area, the First Precinct and adequate facilities for Emergency Medical Services. The result of space requirement projections indicate a present shortage of 122,000 Net Square Feet of space, a 10-year shortage of 274,000 Net Square Feet and a 25-year shortage of 435,785 Net Square Feet. This 25-year shortage equates to building requirements of over 520,000 gross square feet of building area or twice the building area presently existing at the Municipal Center. Mr. Todd advised the main purpose of the presentation was the proposal of WALLER, TODD AND SADLER to relocate the Judical Planning Groups or Courts to the opposite end of the complex and to fill the vacated building on the east end with operations and service activities. The three (3) main reasons for this relocation were as follows: (1) The required interaction between the Courts and the Correctional functions. (2) Relocation would relieve overall congestion presently existing on the eastern end of the site resulting between vehicular and pedestrian circulation. (3) Generate and support the overall Planning Concept. Judge Calvin Spain, Virginia Beach Circuit Court, reiterated the Court's favor of the ALTERNATE CONCEPT with a new JUDICAL CENTER located in the vicinity of the Virginia Beach Corrections Center. - 33 - Item II-M.5 NEW BUSINESS ITEM # 24367 1986 LEGISLATIVE PACKAGE The PRELIMINARY DRAFT of the 1986 LEGISLATIVE PROPOSALS was distributed to City Council. (Said Legislative Proposals are hereby made a part of the record). The City Manager advised the LEGISLATIVE PROPOSALS were divided into two sections: ISSUES OF STATEWIDE IMPORTANCE PRIORITY ITEMS A. FUNDING OF EDUCATION The General Assembly should raise the per pupil allocation for 1986-87 to $2,296., the amount recommeded by the State Board of Education, which reflects the actual cost of the Standards of Quality. B. Increased Highway Construction and Maintenance Funding. The City endorses a State Bond issue with the understanding that Virginia Beach should receive its fair share of the proceeds thereof, or approximately five percent. Enabling legislation for local option tax on gasoline is requested. C. Municipal Powers The General Assembly should reverse Dillon's Rule by constitutionally conferring on cities and charter counties all powers not Denied by them by the Constitution. OTHER ISSUES D. Administrative Costs of Local Social Services Departments E. Altered Suspension Systems on Trucks F. Blood Alcohol Content and Driving Under the Influence G. Boating While Intoxicated H. Electronic Weapons (Stun Guns). I. Hauling of Materials on Highways J. Incentives for Installation of Sprinkler Systems K. Mining and Milling of Uranium. L. Probationer Beepers M. Proposed Contraband Forfeiture Act. - 34 - Item II-M.5 NEW BUSINESS ITEM # 24367 (Continued) 1986 LEGISLATIVE PACKAGE ISSUES OF INTEREST TO VIRGINIA BEACH PRIORITY ISSUES A. The General Obligation Bonding Authority The General Assembly should amend the Charter of Virginia Beach to change the bonded indebtedness limit to $10 Million plus an increase in that limit reflecting the inflation rate since 1974 as documented in the Consumer Price Index plus the amount of bonded indebtedness retired in the previous year. B. Tree Protection Ordinance The General Assembly should amend the Charter of Virignia Beach, Section 2.02 on Additional Powers, by broadening the powers and adding a subparagraph to allow the establishment by Ordinance of reasonable regulations and standards to prohibit the unnecessary removal of trees. C. Water Policy Legislation The State should adopt the Virginia Water Policy as proposed by the State Water Commission that would establish standards for groundwater withdrawal, allow interbasin transfer, and other important controls on the Commonwealth's water resources. OTHER ISSUES D. Abandoned Vehicles E. Amortization of Non-Conforming Signs F. Business License Tax on Mini Warehouses. G. Day Use Of Seashore State Park. H. Indigent Health Care. I. Missing Children Informa ti :n Cpl aringhouse. J. Parcel Identification Numb r T 7N). K. Pendleton Child Service Center. L. Precious Metals, pawnshops and Second-hand Dealers. M. Proration of Personal Property Tax. N. Virginia Beach Arts Center. A PUBLIC HEARING concerning the 1986 LEGISLATIVE PROPOSALS will be scheduled for the City Council Meeting of October 21, 1985, and a WORKSHOP will be held for City Council at 12:00 NOON. Octobber 14, 1985 - 35 - Item II-M.6 UNFINISHED BUSINESS ITEM # 24368 ADD-ON Councilwoman Oberndorf requested City Council issue a PROCLAMATION to commend the VIRGINIA BEACH AND NORFOLK BASED SQUADRONS. These SQUADRONS prevented the hijackers of the cruise ship, ACHILLE LUARO, from going unpunished. Their admirable efforts reemphasize the need for the City to continue to provide support for their training bases in Virginia Beach and the Tidewater area. October 14, 1985 - 36 - Item II-N.1 ADJOURNMENT ITEM # 24369 Upon motion by Councilman Jennings, and BY ACCLAMATION, City Council ADJOURNED the meeting at 5:50 P.M. B. @ly Chief Deputy City Clerk @th Hodge@ Smith, CMC City Clerk City of Virginia Beach, Virginia /bh October 14, 1985