SEPTEMBER 16, 1985 MINUTES
"WORLD'S LARGEST RESORT CITY"
cn,y COUNCIL
MAYOR HAROLD HEISCHODER At L-9,
VICE-MA YOR RM & MCLANAN, P-., A- B-gh
JOHN A. RAUA(. Bi.@ B-gh
NANCY A. CPEECH At @
ROAMTE. FEN7RESS, V@ B..k B-gh
BARBARA M. @EY, P..v @A
H JACK JEAWNGS, JR., L@.- B-gh
LOUIS R. JONES, By@ B-wk
ROBF.RT 0. JOAIES, At Um.
J. RENRYM@COY. JR., K..p.@ B-gh
A[EYFAA E. OBERNDORP, Al L-19. 181 CrTy HALL BUILDI.VG
RUTH HODGES SURM, CMC. Clv Cl-k MUNICIPAL CEN7'F-R
CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA WZ6-OM
18041427-4=
September 16, 1985
Virginia Beach City Council
ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - I PM
A. CALL TO ORDER - Vice-Mayor Reba S. McClanan
B. ROLL GALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM II. REGULAR SESSION OF VIRGINIA BFACH CITY COUNCIL - Council Chambers - 2 PM
A. INVOCATION: Father Raymond T. McIntyre
Star of The Sea Catholic Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CITY MANAGER'S ADMINISTPATIVE ITEMS
1. Review of Consent Agenda
E. MAYOR/COUNCIL DISCUSSION OF PERTINENT MATTERS
F. PRIESENTATIONS
1. 'Get It Straight- - Virginia Beach Council of PTA's
2. Resolution Virginia Beach Police Mounted Patrol
G. PROCLAMATION
1. King Neptune Festival Prayer Week
H. MINUTES
1. Motion to accept/approve the 14inutes of September 9, 1985.
I. PUBLIC RFARTNG - City of Virginia Beach Proposed Budgetary
Increases for the 1985-1986 Fiscal Year
J. PLANNING
1. Ordinance closing, vacatirig and discontinuing a portion of
Claudia Drive in the petition of the City of Virginia Beach
(Bayside Borough).
Recommendation: APPROVAL
2. Ordinance closing, vacating and discontinuirig a portion of
Old Holland Road in the petition of Larry L. Reiter
Applicant requests further extension for compliance.
(Kempsville Borough).
Recommendation: GRANT EXTENSION
3. Ordinance closiig, vacating and discontinuing a portion of
Ranger Street in the petition of Roland H. and Virginia L.
Copeland (Kempsville Borough).
Recommendation: DENIAL
4. Application of Louise W. McCracken for a variance to Section
4.4(b) of the Subdivision Ordinance which requires that lot
dimensions conform to the Comprehensive Zoning Ordinance.
The applicant wishes to subdivide an approximate 4.7-acre
parcel into three lots located at 801 South Spigel Drive
(Lynnhaven Borough).
Recommendation: APPROVAL
5. AppLication of Eleanor H. MacRae for a variance to Section
4.4(b) of the Subdivision Ordinance which requires that lot
dimensions conform to the Comprehensive Zoning Ordinance.
The applicant wishes to resubdivide two existing parcels,
C-1 and C-2, into a single building site designated Parcel
C-C located on the east side of Sharp Street, north of Mars
Street (Lynnhaven Borough).
Recommendation: DENIAL
6. A-@lication of Branwick Associates for a variance to Section
ZF (b) of the Subdivision Ordinance whic e u es that lot
dimensions conform to the Comprehensive Zoning Ordinance and
to Section 4.4(d) of the Subdivision Ordinance which
requires that all lots have a direct access to a public
street. The applicant wishes to subdivide this 12.545-acre
site into two lots located on the north side of Laskin Road,
1,000 feet east of Freemae Drive (Lynnhaven Borough).
Recommendation: DENIAL
7. 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).
Recommendation: APPROVAL
8. Application of National Pride Equipment, Inc., for a
conditional use permit for a car wash facility on a 34,412-
square foot parcel located at t@e southeast corner of
Kempsville Road and Ruritan Court (Kempsville Borough).
Recommendation: DENIAL
9. Application of Winston M. and Christine V. Ho@man for a
conditional use permit for a single-family dwelling in the
AG-1 Agricultural District on a 16.24-acre parcel located on
the west side of Princess Anne Road, south of S. Stowe Road
(Pungo Borough).
Recommendation: APPROVAL
10. Application of Red Wing Lake Associates, Inc., for changes
of zoning located along the north side of Dam Neck Road, at
the western boundary of the Dam Neck Naval Station (Princess
Anne Borough):
From AG-1 Agricultural District to R-8 Residential District
on a117.66-acre parcel.
AND,
From AG-2 Agricultural District to R-8 Residential District
on a15.9-acre parcel;
Recommendation: APPROVAL
11. Application of Lill-ie Dalby, Anderson Ward, and Wil.Uam
Austin for a change of zoning from AG-2 Agricultural
District to B-2 Community-Business District on a 1.053-acre
parcel located at the southeast corner of North Landstown
Road and Princess Anne Road (Princess Anne Borough).
Recommendation: DENIAL
12. Application of Landatown and Princess Anne Road Associates
for a change of zoning from AG-2 Agricultural District to
B-3 Central-Business District on a 7.425-acre parcel located
on the south side of North Landstown Road, east of Princess
Anne Road (Princess Anne Borough).
Recommendation: DENIAL
K. RESOLUTION
1. Virginia Beach City Council Resolution requesting a six-
mouth extension on the -co-pnt period- for the United
States Army Corps of Engineers' Draft Environmental Impact
Statement (Sandbridge)-
Industrial Development Revenue Bonds
2. Resolution approving the issuance of Industrial Development
Revenue Bonds:
a. U.S. Shelter Corporation - $25,000,000
b. Tidewater-Oxford Limited Partnership - $32,000,000
c. Edmonds Company Virginia - $700,000
d. Executive Hotel Associates - $5,500,000
e. Bridge Tunnel Hotel Associates - $10,000,000
f. Kel-Con Enterprises - $6,500,000
g. Commodore Point Associates - $5,250,000
b. Athen's of Tidewater, Inc. - $550,000
i. S and H Company - $922,000
j. Westminster-Canterbury of Hampton Roads - $4,000,000
L. 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. Ordinance upon SECOND RF.ADING to appropriate $27,949 to the
Office of the Comonwealth's Attorney for an additional
attorney position.
2. Ordinances upon FIRST READING to:
a. Accept and appropriate $6,306,290 for City of Virginia
Beach School Programs funded by Special Categorical
Grants for School Year 1985-1986;
b. Appropriate $1,895,309 for the FY 1985-86 School
Textbook Rental Fund Budget;
c. Appropriate $8,538,291 for the FY 1985-86 School
Cafeteria Enterprise Fund Budget.
3. Ordinance to transfer Fiscal Year 1984-985 appropriations
within various departments to match appropriations and
expenditures.
4. Ordinance transferring $350,000 from Project 2-823 Salem
Canal Hydraulic Study to Project 2-410 Great Neck Road -
Phase II for acquisition of this property.
5. Ordinance to transfer $47.000 from reserve for continjzencies
to fund a consultant study of the AICUZ area suitabie land
uses and economic developme,@it activities.
6. Ordinance to authorize a temporary encroachment into a
portion of the rights-of-way of 78th Street and Ocean Avenue
to Charles L. Blair, his heirs, assigns and successors in
title.
7. Ordinance authorizing tax refunds in the amount of $899.14.
8. Ordinance authorizing license refunds in the amount of
$106.39.
M. APPOINTMENTS
N. UNFINISHED BUSINESS
1. B-911 Update: Presentation by Chief Charles Wall
0. NEW BUSINESS
1. Resort Area Advisory Commission Quarterly Report:
Presentatio.i by Mr. Michael Barrett and Mr. Timothy Barrow.
P. ADJOURNMENT
1. Motion to adjourn.
CITY COUNCIL REGULAR SESSION
SEPTEMBER 23, 1985
VIRGINIA MUNICIPAL ANNUAL CONFERENCE
RESCHEDULED
TO
7:00 PM
SEPTFMER 30, 1985
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
B R I E F I N G
FAIR LABOR STANDARDS ACT
16 September 1985
1:00 P.M.
The City Manager read a letter from Congressman Whitehurst concerning the
FAIR LABOR STANDARDS ACT and his support for retroactive relief to
Municipalities. He intoduced Doug Cherry, Wage and Salary Administrator
for the City of Virginia Beach and Chairperson of the FLSA Task Force.
Doug Cherry distributed information relative the Fair Labor Standards Act
(said pamphlets are hereby made a part of the record.)
on February 19, 1985, the Supreme Court ruled in Garcia versus San Antonio
Metropolitan Transit Authority that the minimum wage and overtime pay
provisions of the FLSA apply to the public mass transit employees of the
San Antonio Metropoltan Transit Authority. The Court overruled its earlier
decision that the minimum wage and overtime pay provision of FLSA could not
constitutionally be applied to State and Local Government employees who are
engaged in traditional governmental activities.
All- states and localities must come into compliance with the minimum wage,
record keeping, and overtime provisions of the FLSA by October 15, 1985
with the effective date of enforcement to be retroactive to April 15, 1985.
Training Sessions have been secheduled for the folowing groups: (1)
Payroll clerks (2) All Midmanagement and Management Committee, and (3)
Supervisory staff. These will be conducted September Twenty-third,
Twenty-fourth, and Twenty-fifth.
Mr. Cberry outlined five major issues:
(1) Overtime/Exceptions- Calculated on a 7 day, 40 hour week for regular
employees. Executive, Administrative and Professional Employees will be
exempt from the overtime policy.
(2) Second Jobs - this would entail averaging the number of hours worked
together to complete the hourly wage and said employees must serve two
probationary periods.
(3) Volunteer Services - An employee cannot be both a "paid" employee and a
"Nonpaid" volunteer while performing the same type of work for the same
employer. The major impact would entail fire fighters who volunteer to
be rescue workers.
(4) Employees who come in early and stay late or take work home. These
hours must be reported or they may be subject to reprimand, suspension
or dismissal.
(5) Contract Employees - this is primarily in regard to Social Services and
Mental Health. The Department of Labor will not permit same and they
will be considered as employees of the City.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
September 16, 1985
The Regular Meeting of the Council of the City of Virginia Beach, Virginia,
was called to order by Vice Mayor Reba S. McClanan in the Conference Room,
City Hall Building, on Monday, September 16, 1985, at 1:35 P.M. in the
afternoon.
Council Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M.
Henley, H. Jack Jennings, Jr. , Robert G. Jones, Vice Mayor Reba
S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf
Mayor Harold Heischober was out of the City on business.
Councilman Louis R. Jones was out of the City on business
Councilwoman Oberndorf was observing the High Holy Days, ROSH HASHANA
- 2 -
ITEM # 24182
Vice Mayor McClanan 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 14ATTERS: 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 Baum, seconded by Councilwoman Henley, City
Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL
SESSION.
Voting: 7-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M.
Henley, Robert G. Jones, Vice Mayor Reba S. McClanan, and J.
Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Harold Heischober, H. Jack Jennings, Jr. , Louis R. Jones,
and Meyera E. Oberndorf
- 3 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
September 16, 1985
2:00 p.m.
Vice Mayor McClanan called to order the Regular Session of the Virginia
Beach City Council in the Council Chambers, City Hall Building, on Monday,
September 16, 1985, at 2:00 p.m. in the afternoon.
Council Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M.
Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba
S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf
INVOCATION: Mrs. Cassandra Barnes
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 4 -
CITY MANAGER'S ADMINISTRATIVE ITEMS
Item II-D.1
CONSENT AGENDA ITEM # 24183
ADD/ON ITEMS
The City Clerk referenced a RESOLUTION IN GRATITUDE to the VIRGINIA BEACH
POLICE MOUNTED PATROL and a RESOLUTION IN MEMORIAM to LASZLO ARANYI were
inadvertently omitted from the CONSENT AGENDA.
The RESOLUTION IN MEMORIAM to LASZLO ARANYI will be presented at the City
Council Meeting of September 30, 1985, but will be ADOPTED at today's
Council Meeting, September 16, 1985.
Item II-D.2
CONSENT AGENDA ITEM # 24184
COMMONWEALTH ATTORNEY/ADDITIONAL POSITION
Vice Mayor Reba McClanan reference the Ordinance, on SECOND READING, to
appropriate $27,949 to the Office of the Commonwealth's Attorney for an
additioual attorney position(See Item II-L.1 of the Consent Agenda).
Vice Mayor Reba McClanan advised she wished her VERBAL NAY be noted on this
particular item.
5
Item II-F.1
PRESENTATION ITEM 24185
Vice Mayor McClanan recognized the PRESENTATION of the "GET IT STPAIGHT" -
VIRGINIA BEACH COUNCIL OF PTA'S.
Mrs. Bonnie Glass, President of the Great Neck High School PTA recognized
Kieren Shirlock, representative from Great Neck SCA, and Diane Meyers,
Juvenile Protection Chairman of the PTA.
Red Ribbons were presented to City Council, the City Manager, the City
Attorney, and the City Clerk as well as members of the audience in
recognition of the "GET IT STRAIGHT" -"BEING YOU IS GREAT" PROGRAM. The
Ribbons recognize those who have lost their lives in promoting drug
enforcement througout the world and will be used as a reminder of Americans
having taken a stand against drug and alcobol abuse.
6
Item II-F.2
PRESENTATION ITEM 24186
Vice Mayor McClanan presented a RESOLUTION IN GRATITUDE to:
VIRGINIA BEACH MOUNTED PATROL
Major General John G. Castles
The Adjutant General
The Horse Donors:
C. J. & Mayflower - Jay Wilks
Adam - Barbara Hathaway
Rebel - Katherine Castleberry
Beau Mr. and Mrs. Custer Spiers
Reo Mr. and Mrs. Fritz Falch
Frisbee - Mrs. M. Y Clarke
Kojac - Dr. and Mrs. Geoffrey Gubb
Tag - Lieutenant and Mrs. F. H. Drew
This RESOLUTION recognized the efficiency, and effectiveness as well as the
better public relations maintained by the HORSE PATROL
September 16, 1985
RESOLUTION IN GRATITUDE
WHEREAS: The history of America is one of a nation at work -- people
helping people -- joining together to build a better society. The dedication and
commitment of those early settlers laid the foundation for a growing and
prosperous America -- an America built upon individual initiative, a competitive
spirit and an intense pride in the achievements of a new nation;
WHEREAS: This enterprising determination to accomplish an established goal
was the leading edge Lieutenant Frank Drew possessed in confiding his dream to
his superiors and presenting his plan to the Administration and ultimately to the
Virginia Beach City Council. Thus was born the Virginia Beach Mounted Patrol;
WHEREAS: A properly trained and directed horse patrol will improve the
efficiency as well as effectiveness of the police mission, with proper use of the
Mounted Patrol and better public relations maintained;
WHEREAS: The need for visible law enforcement and a greater sense of
security for the public in congested areas, such as the beachfront, could be
achieved with policemen on horseback, the first problem was the acquisition of
trainable horses, stable property and proper equipment;
WHEREAS: Lieutenant and Mrs. Drew contributed their very own 12-year old
red Dunn Gelding Quarter Horse, named -Tag", and thus set the example for other
citizens to follow. Hearing the plight of these determined young police officers
to provide the ultimate in police protection, Cashvan Arabian Farms contributed
two Arabian horses, "C.J.'@ and "Mayflower". Other citizens in Virginia Beach as
well as Chesapeake, Windsor and Onley responded. A total of nine horses were
contributed. Master Police Officer Rosemary Larkin, horse trainer for twenty
years, offered her expertise and became the Trainer. Virginia Beach City Council
authorized the transfer of funds for equipment and a year's supply of food. The
stable and training ground were made possible through the generosity of Major
General John G. Castles, the Adjutant General, Virginia Army National Guard, in
providing an existing building and land on the State Military Reservation at Camp
Pendleton; and,
WHEREAS: On June 20, 1985, official graduation ceremonies marked the end of
eight weeks training for officers and horses. More than three hundred officials
and citizens witnessed this event and the beginning of the VIRGINIA BEACH MOUNTED
PATROL. From then through the third week of August, officers on horseback in the
oceanfront area issued 377 parking tickets; 48 traffic summons, including DUI;
arrested 226 on misdemeanor and 3 on felony charges. 150 calls of crisis have
been answered.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
recognizes with bountiful gratitude to:
Major General John G. Castles
The Adjutant General
Virginia Army National Guard
State Military Reservation/Camp Pendleton
for his becoming a part of this endeavor, with determination and support of the
Virginia Beach Mounted Patrol.
GIVEN under our hands and seals this Sixteenth Day of September, Nineteen
Hundred Eighty-Five.
Mayor Vice Mayor
7
Item II-G.1
PROCLAMATION ITEM 24187
Vice Mayor McClanan PROCLAIMED the week of September 22-28, 1985 as:
NEPTUNE FESTIVAL PRAYER WEEK
Councilwoman Nancy Creech read this PROCLAMATION.
Douglas Talbot, Chairman of the 1985 NEPTUNE FESTIVAL, Pat Miskill,
Executive Director of the Virginia Beach Chamber of Commerce, and Michael
C. Savvides, KING NEPTUNE, ACCEPTED this PROCLAMATION.
This PROCLAMATION urged all citizens to pray that the activities of the
festival bring joy and good spirit to all.
WHEREAS, in e.@h of the p..t .1.ven y..@., . feeti@.1 f.Ilo.ing th. umer e...
has been h.1d; and
WHEREAS, the f.sti@.1 was spon..@.d at fi@.t by th. Vi@ginia B..@h Cheber of
C.-e@.. hich i. ... @.orgeni@.d nd ... ed th. Virgi.i. Be.ch C .... il of th. H..pt..
R.ads Chab.@ of Comer..; and
WHEREAS, the f..ti.al is n.. k.own far a@d wide by the ame "N.ptu@e Fe.ti@.I'-;
and
WHEREAS, .11 @iti@ens--p@i@.te, b..i@ .... .. rp ... te nd unicip.1 @.ntrib.te t.
.nd parti@p.te in it. .@tivities; .@d
WHEREAS, it is con.ider.d to be the o.tst.nding festive e@.nt of th. year in
Virgini. Bea.h, bringing together ..ny t.lent. to enha.c. ..r@im.nt nd j.y; ..d
WHEREAS, . Ki.g is 9.1.@ted to r.ig@ .@er hi. l.y.1 ..bj..t. nd all ..tivitie.
d.ring this e@ent; and
WHEREAS, the ne.ly cr.wned King Neptune XII, Mr. Mich.el C. Savvide., command.
th.t pr.yerf.1 th.nk. be .@tended t. ur re.p.ctive L.rd. nd G.d..
NOW, THEREFORE, 1, H.r.ld Hei.@hob@r, M.y.r f th. City of Vi@gi@ia Be.@h, d.
hereby p@o@lai. the eek of S.ptemb.r 22-28, 1985 ..
NEPTUNE FESTIVAL PRAYER WEEK
in Virginia Be..h and urge .@d n ... r.ge all f it. citi.e.., each in hi. r her ..n
..y, to pray that the .@tiviti.. f the f..ti@al bring j.y and g..d pirit t. all.
Given nd.r y h.nd nd e.1 this si.teenth d.y of S.pt..b.r, ni@.tee. h.ndred
and ighty-five.
M.y.r
Item II-H.1
MINUTES ITEM 24188
Upon motion by Councilwoman Creech, seconded by Councilman Baum, City
Council APPROVED the Minutes of September 9, 1985.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M.
Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba
S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf
September 16, 1985
9
Item II-I
PUBLIC HEARING ITEM 24189
Vice Mayor McClanan DECLARED a PUBLIC HEARING concerning the City of
Virginia Beach Proposed Budgetary Increases for the 1985-1986 Fiscal Year,
as related to the following SCHOOL FUNDS:
Accept and appropriate $6,306.290 for City of Virginia Beach
School Programs funded by Special Categorical Grants for School
Year 1985-86;
Appropriate $1,895,309 for the FY 1985-86 School Textbook Rental
Fund Budget:
Appropriate $8,538,291 for the FY 1985-86 School Cafeteria
Enterprise Fund Budget.
There being no speakers, Vice Mayor McClanan CLOSED the PUBLIC HEARING.
Setpember 16, 1985
PUBLIC NOTICE
PUBLIC HEARING
CITY OF VIRGINIA BEACH
PROPOSED BUDGETARY INCREASES
FOR THE 1985-1986 FISCAL YEAR
Pursuant to Chapter 2, Sedion 2-187.1 of the City Code a pubtic
hearing will be held by the City Council in Council Chambers in the
City Hall Building on Monday, September 16, 1985 at 2:00 P.M.,
to discuss proposed increases in the Operating Budget for flscal
year 1985-1986 as follows:
PROPOSEDINCREASES
Textbook Rental fund
School Board $1,895,309
School Federal Grant Pund
School Board $6,306,290
School Cafeterias Enterprise Fund
School Board $8,538,291
ESTIMATED REVENUES
Textbook Rental Fund
Book Rentals $919,600
Book Purchases 40,500
Interest on Depmit 95,000
Retained Eamings 840,209
TOTAL TEXTBOOK RENTAL FUND $1,895,309
School Federal Grants Fund
Revenue from the Commonwealth $265,522
Revenue from the Federal Government 6,040,'768
TOTAL SCHOOL FEDERAL GRANT FUND $6,306,290
School Cafeterias Enterprise Fund
Meal Sales $5,287,976
Revenue from the Commonwealth 308,630
Revenue from the Federal Government 2,594,668
Interest on Deposits 100,000
MiceURneous Revenues 247,017
TOTAL SCHOOL CAFETERIAS
ENTERPRISE FUND $8,538,291
Individuals desiring to provide oral comment should register before
the hearing begins with the City Clerk's ofrice on the second floor
of the City Hall Building or by calling 4274303.
Ruth Hodges Smith, CMC
City CLerk
- 10 -
Item II-J.1
ITEM # 24190
PLANNING
Upon motion by Councilman Baum, seconded by Councilman Fentress, City
Council APPROVED an Ordinance closing, vacating and discontinuing a portion
of CLAUDIA MIVE in the petition of the City of Virginia Beach.
Application of the City of Virginia Beach for the
discontinuance, closure, and abandonment of a
portion of Claudia Drive adjacent to Lot 57,
Section 3, Lakeview Park. Said parcel contains
4,330.7 square feet. Plats with more detailed
information are available in the Department of
Planning. BAYSIDE BOROUGH.
The following conditions shall be required:
1. Dedication of new right-of-way along the frontage of Lot 69 in
accordance with the plat submitted with this street closure.
2. The closure of this right-of-way shall be contingent upon the
compliance with the above stated condition within 180 days of the
approval by City Council.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M.
Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba
S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf
AN ORDINANCE CLOSING, VACATING, AND
DISCONTINUING A PORTION OF THAT
CERTAIN STREET KNOWN AS CLAUDIA
DRIVE, AS SHOWN ON THAT CERTAIN PLAT
ENTITLED "PLAT SHOWING PROPERTY TO
BE EXCHANGED BETWEEN THE CITY OF
VIRGINIA BEACH AND RICHARD S. AND
ALICE P. PITTMAN BAYSIDE BOROUGH
VIRGINIA BEACH, VIRGINIA."
WHEREAS, it appearing that the City has advertised this
proposed street closure by advertising the same in the Virqinia
Beach Sun News, on and ; and
WHEREAS, it is the judgment of the Council and Viewers
that closure and discontinuance of the below-described street
will not result in any public inconvenience, upon the completion
by the applicant of the conditions imposed by City Council,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. That the hereinafter described street be
discontinued, closed, and vacated, which portion is more
particularly described as follows:
That certain section of Claudia Drive,
more particularly described as follows:
Beginning at a point on the southern
riqht-of-way line of Claudia Drive at a
point 39.71 feet from the southern boundary
line of lot 57, as shown on the plat of
Lakeview Park, recorded in the office of
the Clerk of the Circuit Court of the City
of Virqinia Beach, in Map Book 29, at Page
67, and from said point of beqinning
continuing along the southern right-of-way
line of Claudia Drive south 24' 521 40.1
east a distance of 60 feet to a point, and
preceding along the same said riqht-of-way
line on an arc 21* 24' 15" for a distance
of 93.39 feet to a point, thence continuing
along an arc 79' 08' 31" a distance of
62.16 feet to a point, and continuing along
a curve of 32' 561 47" a distance of 57.50
feet to a point, and continuing alonq an
arc 107* 321 5011 a distance of 375.4i feet
to the point of beginning as shown on the
above-referenced plat.
The above plat is available for review
in the Office of the City Attorney, Municipal
Center, Virginia Beach, Virainia.
2. That a certified copy of this Ordinance and attached
plat shall be filed in the records books of the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia,
indexed in the name of the City of Virginia Beach, Virqinia, as
grantor.
3. This ordinance shall become effective sixty (60)
days from the date of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virqinia, on the day of 1985.
KJC/da
5/30/85
6/5/85
(23.1)
APPROVED - September 16, 1985
-2-
C-),I- -\7i j-&4ii -i i., AI @c- t@l I
J. (--)ALE BIMSON MUNICIPAL CE.TER
CITY ATTORNEY VIRIINIA BE@CH, VIRGIIIA 21451-9011
(S 0 4) 427-45 31
CERTIFICATE OF VESTING OF TITLE
I, Kevin J. Cosgrove, Assistant City Attorney for the City
of Virginia Beach, Virginia, do hereby certify that:
1. I am an attorney-at-law and represent the City of Virginia
Beach, Virginia, the Petitioner.
2. If the below-described property is discontinued, closed,
and vacated by the Council of the City of Virginia Beach, Virginia,
then title to said property will vest in the adjacent property
owners, Richard S. and Alice P. Pittman.
The said property referred to herein is hereby described as
follows:
That certain section of Claudia Drive, more
particularly described as follows: Beginning at a
point on the southern right-of-way line of Claudia
Drive at a point 39.71 feet from the southern boundary
line of lot 57, as shown on the plat of Lakeview Park,
recorded in the Office of the Clerk of the Circuit
Court of the City of Virginia Beach, in Map Book
29, at Page 67, and from said point of beginning
continuing along the southern right-of-way line of
Claudia Drive south 24' 52' 40" east a distance of
60 feet to a point, and preceding along the same
said right-of-way line on an arc 21@ 24' 15" for
a distance of 93.39 feet to a point, thence con-
tinuinq along an arc 79@ 08' 31" a distance of
62-16 feet to a point, and continuing along a
curve of 32- 56' 47" a distance of 57.50 feet
to a point, and continuing along an arc 107-
32' 50" a distance of 375.41 feet to the point
of beginning as shown on the above-referenced
plat.
lWvin cbs
Item II-J.2
PLANNING ITEM 24191
Upon motion by Councilman McCoy, seconded by Councilman Fentress, City
Council APPROVED AN EXTENSION FOR COMPLIANCE of sixty (60) days until the
City Council Meeting of November 18, 1985, upon an Ordinance closing,
vacating and discontinuing a portion of OLD HOLLAND ROAD in the petition of
LARRY L. REITER
Application of Larry L. Reiter for the
discontinuance, closure and abandonment of a
portion of Old Holland Road beginning at a point
250 feet more or less west of Table Rock Road and
running along the southern boundary of Lot 29,
Block E, Windsor Oaks West. Said parcel is 50
feet in width and contains 6,400 square feet more
or less. KEMPSVILLE BOROUGH.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M.
Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba
S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf
- 12 -
Item II-J.3
PLANNING ITEM # 24192
Attorney Richard W. Lowery represented the applicant and requested
DEFERRAL.
Upon motion by Councilman McCoy, seconded by Councilwoman Henley, City
Council DEFERRED FINAL APPROVAL until the City Council Meeting of December
16, 1985, an Ordinance closing, vacating and discontinuing a portion of
RANGER STREET in the petition of ROLAND H. AND VT.RGINIA L. COPELAND. This
application was DEFERRED to enable the applicant to resubmit the plat as
same had been returned to the Engineer for slight modification.
Application of Roland H. and Virginia L. Copeland
for the discontinuance, closure and abandonament
of a portion of Ranger Street beginning at the
Eastern boundary of Maralon Drive and running in
an Easterly diretion a distance of 189.25 feet.
Said parcel is 50 feet in width and contains
9,463 square feet. KEMPSVILLE BOROUGH.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M.
Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba
S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf
- 13 -
Item II-J.4
PLANNING SITEM # 24193
Ennis Johnson, of Benchmark, represented the applicant
James McCracken, the applicant, represented himself
Upon motion by Councilman Jennings, seconded by Councilman Baum, City
Council DEFMED until the City Council Meeting of October 7, 1985, the
application of LOUISE W. McCRACKEN for a Variance to Section 4.4(b) of the
Subdivision Ordinance.
City Council DEFERRED this item to enable Staff to report to Council
concerning VARIANCES on lots with erodable slopes, as well as, concerns
addressed by additional septic tanks and wells on the Banks of the
Lynnhaven. An Ordinance will be DRAFTED addressing these concerns.
Councilman Baum requested Staff investigate this particular application as
to whether it would involve erosion and sedimentation.
Appeal from Decisions of Adminsitrative Officers
in regard to certain elements of the Subdivision
Ordinance, Subdivision for Louise W. McCracken.
Property is located at 801 South Spigel Drive.
Plats with more detailed information are
available in the Department of Planning.
LYNNHAVEN BOROUGH.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M.
Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba
S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf
- 14 -
Item II-J.5
PLANNING ITEM # 24194
Neal MacRea and Eleanor H. MacRae, the applicants, represented themselves.
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council DENIED the application of ELEANOR H. Ma@ for a Variance 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 Eleanor H. MacRae.
Property located on the east side of Sharp
Street, 89.50 feet north of Mars Street. Plats
with more detailed information are available in
the Department of Planning. LYNNHAVEN BOROUGH.
Voting: 7-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creecb, Robert E. Fentress, Barbara M.
Henley, H. Jack Jennings, Jr., Robert G. Jones, and Vice Mayor
Reba S. McClanan
Council Members Voting Nay:
None
Council Members Absent:
Mayor Harold Heischober, Louis R. Jones, J. Henry McCoy, Jr.,
D.D.S.,and Meyera E. Oberndorf
September 16, 1985
- 15 -
Item II-J.6
PLANNING ITEM # 24195
Robert B. Smithwick, General Partner, represented the applicant and
requested DEFERRAL
Richard Brydges, registered in OPPOSITION, but was not OPPOSED to DEFERRAL
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council DEFERRED until the City Council Meeting of October 21, 1985, the
application of BRANWICK ASSOCIATES for a Variance to Section 4.4(b) of the
Subdivision Ordinance.
Appeal from Decisions of Adminstrative Officers
in regard to certain elements of the Subdivision
Ordinance, Subdivision for Branwick Associates.
Property is located on the north side of Laskin
Road, 1000 feet more or less east of Freemac
Drive. Plats with more detailed information are
available in the Deparment of Planning.
LYNNHAVEN BOROUGH.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M.
Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba
S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf
- 16 -
Item II-J.7
PLANNING ITEM # 24196
Attorney Grover Wright represented the applicant and requested DEFERRAL in
order to have a VARIANCE concerning a side-yard setback heard by the Board
of Zoning Appeals. Letter dated September 12, 1985, requesting DEFERRAL is
hereby made a part of the record.
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council DEFERRED until the City Council Meeting of October 7, 1985, an
Ordinance upon application of MARY JOSEPHINE LILLEY for a Conditional Use
Permit as per the following:
ORDINANCE UPON APPLICATION OF 14ARY JOSEPHINE
LILLEY FOR A CONDITIONAL USE PERMIT FOR A BORROW
PIT
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.
Voting; 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M.
Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba
S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf
- 17 -
Item II-J.8
PLANNING ITEM # 24197
Attorney Glenn Croshaw represented the applicant and requested DEFERRAL and
circulated a Circuit Court Order: National Pride Equipment, Inc., vs The
City of Virginia Beach entered on July 28, 1980.
Upon motion by Councilman McCoy, seconded by Councilman Jennings, City
Council DEFERRED until the City Council Meeting of September 30, 1985, an
Ordinance upon application of NATIONAL PRIDE EQUIPMENT, INC.. This
application was DEFERRED to enable the Staff to determine if this
Conditional Use Permit is still in effect.
ORDINANCE UPON APPLICATION OF NATIONAL PRIDE
EQUIPMENT, INC. FOR A CONDITIONAL USE PERMIT FOR
A CAR WASH FACILITY
Ordinance upon application of National Pride
Equipment, Inc., for a Conditional Use Permit for
a car wash facility on certain property located
on the southeast corner of Kempsville Road and
Ruritan Court. Said parcel contains 34,412
square feet. Plats with more detailed information
are available in the Department of Planning.
KEMPSVILLE BOROUGH.
Voting: 7-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M.
Henley, H. Jack Jennings, Jr., Robert G. Jones, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf
Council Members Abstaining:
Vice Mayor Reba S. McClanan
18 -
Item II-J.9
PLANNING ITEM 24198
Winston M. Holloman, the applicant, represented himself
Upon motion by Councilwoman Henley, seconded by Councilman Baum, City
Council ADOPTED an Ordinance upon application of WINSTON N. AND CHRISTINE
V. HOLLONAN for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF WINSTON M. AND
CHRISTINE V. HOLLOMAN FOR A CONDITIONAL USE
PERMIT FOR A SINGLE-FAMILY DWELING IN THE AG-1
AGRICULTURAL DISTRICT R0985782
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Winston M. and
Christine V. Holloman for a Conditional Use
Permit for a single family dwelling in the AG-1
Agricultural District on certain property located
on the west side of Princess Anne Road, 4488 feet
south of South Stowe Road. Said parcel is
located at 927 Princess Anne Road and contains
16.24 acres. Plats with more detailed
information are available in the Department of
Planning. PUNGO BOROUGH.
Tbe following condition shall be required:
1. A 2-foot right-of-way dedication along the frontage on Princess
Anne Road in accordance with the Virginia Beach Bikeway Plan.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Sixteenth day of September, Nineteen Hundred and Eighty-five.
Voting: 7-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Barbara M. Henley, H. Jack
Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, Mayor Harold Heischober, Louis R. Jones, and
Meyera E. Oberndorf
- 19 -
Item II-J.10
ITEM # 24199
PLANNING
Attorney Grover Wright represented the applicant.
Commander Pollard, Public Works Officer at Dam Neck referenced the noise
generated at Dam Neck.
Mrs. Dale Wilkerson, represented the Dam Neck Area Civic League and spoke
in opposition.
A motion was made by Councilman Baum, seconded by Councilman Jennings to
ADOPT an Ordinance upon application of RED WING LAKE ASSOCIATES, INC. for
Changes of Zoning from AG-1 Agricultural District to R-8 Residential
District on a 117.66-acre parcel; AND, from AG-2 Agricultural District to
R-8 Residential District on a 15.9-acre parcel (Princess Anne Borough):
Voting: 5-2
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, H. Jack Jennings, Jr., Robert
G. Jones, and Vice Mayor Reba S. McClanan
Council Members Voting Nay:
Barbara M. Henley, and J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
Nancy A. Creech, Mayor Harold Heischober, Louis R. Jones, and
Meyera E. Oberndorf
The VOTE did not constitute a majority of the number of members comprising
the City Council of Virginia Beach, even though same constituted a majority
of the Council Members Present.
Upon motion by Councilman Baum, seconded by Councilman Robert Jones, City
Council voted to REGONSIDER the Ordinances upon application of RED WING
LAKE ASSOCIATES, INC. for Changes of Zoning from AG-1 to R-8 and AG-2 to
R-8 in the Princess Anne Borough.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M.
Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba
S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf
- 20 -
Item II-J.10
PLANNING ITEM # 24199 (Continued)
Upon motion by Councilman Baum, seconded by Councilman Jennings, City
Council ADOPTED Ordinances upon application of RED WING LAKE ASSOCIATES,
INC.for Changes of Zoning as per the following:
ORDINANCE UPON APPLICATION OF RED WING LAKE
ASSOCIATES, INC., FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM AG-2 TO R-8 Z09851010
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Red Wing Lake
Associates, Inc., for a Change of Zoning District
Classification from AG-2 Agricultural District to
R-8 Residential District on certain property
located on the north side of Dam Neck Road at the
western boundary of Dam Neck Naval Weapons
Station. Said parcel contains 15.9 acres. Plats
with more detailed information are available in
the Department of Planning. PRINCESS ANNE
BOROUGH.
AND,
ORDINANCE UPON APPLICATION OF RED WING LAKE
ASSOCIATES, INC., FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM AG-1 TO R-8 Z09851011
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Red Wing Lake
Associates, Inc., for a Change of Zoning District
Classification from AG-1 Agricultural District to
R-8 Residential District on certain property
located 600 feet north of Dam Neck Road at the
western boundary of Dam Neck Naval Weapons
Station. Said parcel contains 117.66 acres.
Plats with more detailed information are
available in the Department of Planning. PRINCESS
ANNE BOROUGH.
The following conditions shall be required:
1. Amended deed restrictions shall be recorded. (Said AGREEMENT is
hereby made a part of the proceedings).
2. Density shall not exceed 274 units.
3. Zero lot line option shall not be available.
4. Minimum lot frontage shall be 60-feet and minimum lot area 6,000
square feet.
5. Dedication of Redwing Lake, containing 75+ acres, for a park.
6. Compliance with the City's Noise Disclosure Ordinance.
Se temb
- 21 -
Item II-J.10
PLANNING ITEM # 24199 (Continued.)
Prior to the changing of the official zoning maps, the following condition
shall be met:
A dedication of right-of-way along the frontage
on Dam Neck Road to provide for an ultimate
90-foot right-of-way in accordance with the
Master Street and Highway Plan.
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Sixteenth day of September, Nineteen Hundred and Eighty-five.
Voting: 6-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, H. Jack
Jennings, Jr., Robert G. Jones, and Vice Mayor Reba S. McClanan
Council Members Voting Nay:
Barbara M. Henley, and J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf
September 16, 1985
REDWING LAKE ASSOCIATES, INC.,
a Virginia stock corporation
TO (COVENANTS AND CONDITIONS)
CITY OF VIRGINIA BEACH
THIS AGREEMENT, made this 16th day of September, 1985,
by and between REDWING LAKES ASSOCIATES, INC., a Virginia stock
corporation, Grantor, party of the first part, and CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth of
virginia, Grantee, party of the second part;
WITNESSETH THAT:
WHEREAS, the Grantor has initiated two amendments to the
Zoning Map of the City of Virginia Beach, virginia, by two
petitions of the Grantor addressed to the Grantee, so as to
change the classification of 133.56 acres of the Grantor's
property located on the north side of Dam Neck Road west of the
Naval Weapons Station in Princess Anne Borough of the City of
Virginia Beach as follows: 117.66 acres from AG-1 Agricultural
District to R-8 Residential District and 15.90 acres from AG-2
Agricultural District to R-8 Residential District, as shown on
the plat attached hereto entitled "PRELIMINARY PLAN TRACT 'A' AND
REMAINING PORTION OF TRACT 'B' AS SHOWN ON PROPERTY OF GEORGE P.
TREYNOR (M.B. 46, P.3) FOR REDWING ASSOCIATES PRINCESS ANNE
BOROUGH - VIRGINIA BEACH, VIRGINIA SCALE: 1"=200' SEPTEMBER,
1985;" and
WHEREAS, the Grantee's policy is to provide only for the
orderly development of land, for various purposes, including
planned development housing purposes, through zoning and other
land development legislation; and
WHEREAS, the Grantor acknowledges that the competing and
sometimes incompatible densities and uses of various types of
residential and related uses conflict and that in order to permit
differing types of dwelling units and uses on and in the area of the
subject property and, at the same time, to recognize the effects of
change and the need for various types of dwelling units and uses certain
reasonable conditions governing the use of the property for
tlie protection of the community that are not generally
applicable to land similarly zoned R-8 are needed to cope
with the situation which the Grantor's rezoning application
gives rise to; and
WHEREAS, the Grantor has voluntarily proffered in
writing, in advance of and prior to the public hearing
before the Grantee, as a part of the proposed amendments to
the Zoning Map, in addition to the regulations provided for
the R-8 zoning district or zone by the existing overall
zoning ordinance, the followinq reasonable conditions
relating to the physical development and operation of the
Grantor's property to be adopted as a part of said amendment
to the new Zoning Map relative to the Grantor's property,
which have a reasonable relation to the rezoning and the
need for which is generated by the rezoning and the proposed
development of the Grantor's property; and
WHEREAS, said conditions have been proffered by
the Grantor and allowed and accepted by the Grantee as a
part of the amendments to the Zoning Ordinance, such
conditions shall continue in full force and effect until a
subsequent amendment changes the zoning on the property;
provided, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment
is part of a comprehensive implementation of a new or
substantially revised zoning ordinance, unless, notwith-
standing the foregoing, these conditions are amended or
varied by written instrument recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach,
Virginia, and executed by the record owner of the subject
property at the time of recordation of such instruments;
provided, further, that said instrurnent is consented to by
the Grantee in writing, as evidenced by a certified copy of
an ordinance or a resolution adopted by the governing body
of the Grantee, after a public hearing before the Grantee
2
advertised pursuant to the provisions of Code of Virginia Section
15.1-431, which said ordinance or resolution shall be recorded
alonq with said instrument as conclusive evidence of such
consent;
NOW, THEREFORE, the Grantor, for itself, its successors,
assigns, grantees, and other successors in title or interest,
voluntarily and without any requirement by or exaction from the
Grantee or its governing body and without any element of
compulsion or quid pro quo for zoning, rezoning, site plan,
building permit, or subdivision approval, hereby makes the
following declaration of conditions and restrictions as to the
physical development and operation of the Grantor's property and
governing the use thereof and hereby covenants and agrees that
this declaration shall constitute covenants running with the said
property, which shall be binding upon the property and upon the
parties and persons claiming under or through the Grantor, its
successors, personal representatives, assigns, grantees and other
successors in interest of title, namely;
There,shall be no more.than three detached sinqle-family
"t ' @t' e,)Leee,6 7-74 u.*i+5
residences per ac t h' qualifies for density credit developed
@-A
on the entire property, the zero lot line option shall not be
used, the minimum lot front shall be 60 feet, and the minimum lot
area shall be 6,000 square feet.
The party of the first part agrees to dedicate to the
party of the second part all that certin area as shown on the
attached plat and labeled "PARK" and the party of the first part
further agrees to dedicate to the party of the second part all of
its interest in "REDWING LAKE," together containing 75+ acres,
and all of which is to be utilized by the party of the second
part for park purposes. The party of the first part further
represents and agrees that in the event that the layout of the
aforesaid 75+ park and lake area is altered or amended on the
final subdivision plats which are approved for recordation, the
party of the first part will dedicate such park and lake areas as
shown on the recorded subdivision plats, the parties hereby
-3-
recognizing that the 75+ acre parcel is incapable of precise
description as of the date of this agreement.
All references hereinabove to the R-8 District and to
the requirements and regulations applicable thereto refer to the
Comprehensive zoning Ordinance of the City of Virginia Beach,
virginia, in force as of May 28, 1985, which is by this reference
incorporated herein.
It is expressly understood and aqreed, however, that
nothing contained herein shall constitute or be construed as a
lien or encumbrance on any property, it being contemplated that
acquisition, development, construction and permanent loan
financing on the property will be obtained by developers and
individual homeowners, thus requiring an unencumbered title
thereto. However, the Grantor covenants and agrees that; (1)
the Zoning Administrator of the City of Virginia Beach, Virginia,
shall be vested with all necessary authority on behalf of the
governing body of the City of Virginia Beach, Virginia, to
administer and enforce the foregoing conditions, including (i)
the ordering in writing of the remedying of any noncompliance
with such conditions, and (ii) the bringing of legal action or
suit to ensure compliance with such conditions, including
mandatory or prohibitory injunction, abatement, damages or other
appropriate action, suit or proceedings; (2) the failure to meet
all conditions shall constitute cause to deny the issuance of any
of the required building or occupancy permits as may be
appropriate; (3) if aggrieved by any decision of the Zoning
Administrator made pursuant to the provisions, the Grantor shall
petition to the governing body for the review thereof prior to
instituting proceedings in court; and (4) the Zoning Map may show
by an appropriate symbol on the map the existence of conditions
attaching to the zoning of the subject property on the map and
that the ordinance and the conditions may be made readily
available and accessible for public inspection in the office of
the zoning Administrator and in the Planning Department and that
they may be restored in the Clerk's Office of the Circuit Court
-4-
of the City of Virgina Beach, Virginia, and indexed in the name
of the Grantor and Grantee.
witness th following signature and seal.
REDWING LAKE ASSOCIATES, INC.
By d,, P, @, r,,
Edward N. Ta'yldr
(President)
STATE OF VIR,GINI)A,
CITY OF to-wit:
71, a -i-n-@ for
C,5 her'e y certify that Edward N.
Taylor, whose name is signed as President of REDWING LAKE
ASSOCIATES, INC., on behalf of the Grantor, to the foregoing
instrument, bearing date on the 16th day of September, 1985, has
acknowledged the same before me on behalf of the corporation, in
the City and State aforesaid.
Given under my hand this day of
1985.
GLF/rab
9/16/85
(48.30)
- 22 -
Item II-J.11
PLANNING ITEM # 24200
Attorney Barry Koch represented the applicant and requested WITHDRAWAL
Upon motion by Councilwoman Creech, seconded by Councilman Baum, City
Council ALLOWED WITHDRAWAL of an Ordinance upon application of LILLIE
DALBY, ANDERSON WARD, AND WILLIAM AUSTIN for a Change of Zoning as per the
following:
ORDINANCE UPON APPLICATION OF LILLIE DALBY,
ANDERSON WARD AND WILLIAM AUSTIN FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM AG-2 TO B-2
Ordinance upon application of Lillie Dalby,
Anderson Ward and William Austin, for a Change of
Zoning District Classification from AG-2
Agricultural District to B-2 Community-Business
District on certain property located at the
southeast corner of North Landstown Road and
Princess Anne Road. Said parcel contains 1.053
acres. Plats with more detailed information are
available in the Department of Planning.
PRINCESS ANNE BOROUGH.
Voting: 7-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M.
Henley, H. Jack Jennings, Jr., Vice Mayor Reba S. McClanan, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Harold Heischober, Louis R. Jones, Robert G. Jones, and
Meyera E. Oberndorf
23 -
Item II-J.12
PLANNING ITEM 24201
Attorney Robert Cromwell represented the applicant and requested WITHDRAWAL
Upon motion by Councilwoman Creech, seconded by Councilman Fentress, City
Council ALLOWED WITHDRAWAL of an Ordinance upon application of LANDSTOWN
AND PRINCESS ANNE ROAD ASSOCIATES for a Change of Zoning as per the
following:
ORDINANCE UPON APPLICATION OF LANDSTOWN AND
PRINCESS ANNE ROAD ASSOCIATES FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM AG-2 TO B-3
Ordinance upon application of Landstown and
Princess Anne Road Associates for a Change of
Zoning District Classification from AG-2
Agricultural District to B-3 Central-Business
District on the south side of North Landstown
Raod, 113 feet more or less east of Princess Anne
Road. Said parcels are shown as part of Parcel B
and Parcel C on the plat entitled "Subdivision of
Property of Davis R. Dalby, ET AL" and recorded
in Map Book 141, Page 32 in the Office of the
Clerk of the Circuit court on July 22, 1980.
PRINCESS ANNE BOROUGH.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M.
Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba
S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf
September 16, 1985
- 24 -
Item II-K.1
RESOLUTION ITEM # 24202
Upon motion by Councilwoman Henley, seconded by Councilman Baum, City
Council ADOPTED, a RESOLUTION, AS AMENDED requesting a six-month extension
on the "comment period" for the Rivers and Harbors Board of Engineers for
the Draft Envirotmental Impact Statement (Final Phase I General Design
Memorandum Beach Erosion Control and Hurricane Protection, Sandbridge
Beach, Virginia Beach, Virgiuia.)
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech,* Robert E. Fentress, Barbara M.
Henley, H. Jack Jennings, Jr., Robert G. Jones,* Vice Mayor Reba
S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf
*Verbal Aye
R E S 0 L U T I 0 N
WHEREAS, the City of Virginia Beach has undertaken an
extensive review of the U. S. Army Corps of Engineers' study,
and
WHEREAS, the final results of this study could have signi-
ficant social, economic, and environmental impact in the realm
of shore protection; and
WHEREAS, the City firmly believes that studies currently
underway will produce additional information to develov protec-
tion strategies that can be pursued in a timely and coordinated
fashion; and
WHEREAS, the estimated time for completion and review of
these studies is six months.
NOW, THEREFORE, BE IT RESOLVED that the Virginia Beach
City Council requests a six-month extension on the comment
period for the Draft Environmental Impact Statement (Final
Phase I General Design Memorandum Beach Erosion Control and
Hurricane Protection, Sandbridge Beach, Virginia, Virginia
Beach, Virginia).
Adopted by the Virginia Beach City Council on this 16
day of September 1 1985.
- 25 -
Item II-K.2. a/b/c/j
INDUSTRIAL DEVELOPMENT REVENUE BONDS
ITEM # 24203
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council ADOPTED RESOLUTIONS approving the Issuance of INDUSTRIAL
DEVELOPMENT REVENUE BONDS by the Virginia Beach Development Authority to
the following:
U.S. SHELTER CORPORATION $ 25,000,000
TIDEWATER-OXFORD LIMITED PARTNERSHIP* $ 32,000,000
EDMONDS COMPANY VIRGINIA $ 700,000
WESTMINSTER-CANTERBURY OF HAMPTON ROADS $ 4,000,000
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M.
Henley,* H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba
S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf
*Councilwoman Henley VERBALLY ABSTAINED ON TIDEWATER-OXFORD LIMITED
PARTNERSHIP
HOUSING BONDS
U. S. Shelter Corp. - $25,000,000
Tidewater-Oxford Limited Partnership - $32,000,000
LOCAL ALLOCATION
MANUFACTURING
Edmonds Company Virginia - $700,000
manufacturer of rods, nuts, & bolts
STATE ALLOCATIONS
HOTELS
Executive Hotel Associates - $5,500,000
Bridge Tunnel Hotel Associates - $10,000,000
Kel-Con Enterprises - $6,500,000
OFFICE
Commodore Point Associates - $5,250,000
(Includes ECPI of Tidewater, Inc.)
RETAIL/COMMERCIAL
Athen's of Tidewater, Inc. - $550,000
REFUNDING BOND
S and H Company - $922,000 Refunding September 1,
1980, bond issue
OTHER
Westminster-Canterbury of Hampton Roads -
$4,000,000 bond approving issuance by
Norfolk Industrial Development Authority
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVEMUE BOND
1. PROJECT NAME: U. S. SHELTER CORP. FACILITY
2. LOCATION: SOUTHWEST CORNER OF HOLLAND ROAD
AND WINDSOR OAKS BOULEVARD IN THE
CITY OF VIRGINIA BEACH
3. DESCRIPTION OF PROJECT: 595-UNIT MULTI-FAMILY RENTAL
HOUSING PACILITY
4. AMOUNT OF BOND ISSUE: $25,000,000
5. PRINCIPALS: TREY FREEMAN
JACKSON HUGHS
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property A-1
b. Is rezoning proposed? Yes No X
C. If so, to what zoning
classification? N/A
FISCAL IMPACT STATEMENT
DATE: AUGUST 12, 1985
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: U. S. SHELTER CORP. FACILITY
,rYPE OF FACILITY: 595-unit Multi-Family Residential Rental Facility
1. Maximum amount of financing sought $ 2 5 -, O@O @ O@o
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality $ 22,600,000
3. Estimated real property tax per year
using present tax rates $ 180,ooo
4. Estimated personal property tax per
year using present tax rates $ N/.A
5. Estimated merchants' capital (business
license) tax per year using present tax
rates $ N/A
0. Estimated dollar value per year of goods
and services that will be purchased
locally $ 700,000/Year
7. Estimated number of regular employees on
year round basis 12
S. Average annual salary per employee $ 1 5 , 0 0 0
-he 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
B y2@i
ChaErm-an-T
F
L..diiii
CINNAMO
AN
13 R
A
ISALEF
P.,k, & R.C,..t
I N
4 5 6
FARM
PROJECT NAME: U. S. SHELTER CORP. FACILITY
PROJECT LOCATION: SOUTHWEST CORNER OF HOLLAND ROAD AND WINDSOR
OAKS BOULEVARD - VIRGINIA BEACH
PROJECT DESCRIPTION: 595-UNIT MULTI-FAMILY RESIDENTIAL RENTAL
HOUSING FACILITY
RESOLUTION APPROVING THE ISSUANCE OF
MULTI-FAMILY RENTAL HOUSING REVENUE BONDS FOR
U. S. SHELTER CORP. FACILITY
WHEREAS, the City of Virginia Beach Development Authority
(the "Authority") has considered the application of U. S.
Shelter Corp., or any partnership or corporation of which
U. S. Shelter Corp. is a partner or shareholder (the "Com-
pany") for the issuance of the Authority's multi-family rental
housing revenue bonds in an amount not to exceed $25,000,000
(the "Bonds") to assist in the financing of the Company's
acquisition, construction, and equipping of an approximately
595-unit multi-family residential rental facility, on approximately
49.3 acres of land, to be located on the southwest corner
of Holland Road and Windsor Oaks Boulevard, in the City of
Virginia Beach, Virginia (the "Facility"), and has held a
public hearing thereon on September 10, 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 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, construction and equipping of the
Facility and the issuance of the Bonds by the City of Virginia
Beach Development Authority for the benefit of U. S. Shelter
Corp., or any partnership or corporation of which U. S. Shelter
Corp. 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 September 16, 1985.
4/2 ',/B 4
SUMMARY SHEET
CI'I'Y OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
It,'DUSTRIAL DEVELOPMENT REVENUE BOND
1. IIRDJECT NAME: -Tidewla-ter-Oxford-Lifilited Partnershlp____
2. 1, 0 C ON -S. Lyntihaven-Road-
Virginia Beach, Virginia
3. Dt@S('kli'TION OF f'ROJECT: Garden Apartnient Developriient
4. I-.MOUt,T OF ESC)ND I-ISUE: .@,32,000,000
PRINCIPALS: Oxford Equities Corporation
I.eo E-. Zickler,
6. ZONING CLASSIFICATION:
a. Present zoninq
c)assification of the
Property A-2
b. Is i-ezonirig proposed? Yes No
C. If so, to v,,Ijat zoning
classification?
(WPO862D)
FISCAL IMPACT STATEMENT
DATE: August 15, 1985
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: REFLECTIONS (Tidewater-Oxford Limited Partnership)
TYPE OF FACILITY: 480-UNIT MULTIFAMILY RESIDENTIAL RENTAL
HOUSING FACILITY
1. Maxinium amount of financing sought $ 32,000,000
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality $ 15,936,000
3. Estimated real property tax per year
using present tax rates $ 127,488
4. Estimated personal property tax per
year using present tax rates $ 33,120
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 $ 300,000
7. Estimated number of regular employees on
year round basis 8
8. Average annual salary per employee $ 18,000
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
71
Project Name: Tidewatcr-oxfcrd Limited PartnershiD
Pro-'ect Address: South Lynnhaven Road
Type of Project: Rental Apartments
RESOLUTION APPROVING THE ISSUANCE OF
MULTI-FAMILY RENTAL HOUSING REVENUE BONDS FOR
(TlDEWATER-OXFORD LIMITED PARTNERSHIP FACILITY)
WHEREAS, the City of Virginia Beach Development Authority
(the "Authority") has considered the application of Tidewater-
Oxford, Limited Partnership, (the 'Company') for the issuance of
the Authority's multi-family rental housing revenue bonds in an
amount not to exceed $32,000,000 (the "Bonds') to assist in the
financing of the Company's acquisition, construction, and equip-
ping of an approximately 480-unit multi-family residential rental
facility, to be located on the east side of South Lynnhaven Road
iu,mediately north of St. Albans Glenn, between the north inter-
section of South Lynnhaven Road and Lynnhaven Parkway and Silina
Drive, in the City of Virginia Beach, Virginia (the "Facility"),
and has held a public hearing thereon on September 10, 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 inutually agreed
upon, and a reasonably detailed summary of the comments expressed
at the public hearing, if any, have been filed with tbe Council
of the City of Virginia Beach, Virginia.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BF.ACH, VIRGINIA;
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 the Company, 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 re-
quired 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 September 16, 1985.
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: Edmonds Company Virginia
2. LOCATION: Just south of intersection of London
Bridge Road and Shipps Corner Road
3. DESCRIPTION OF PROJECT: 15,000-20,000 square foot buil@n
for manufacture of rods, nuts and
bolts
4. AMOUNT OF BOND ISSUE: Not greater than,$700,000
5. PRINCIPALS: Garfield Edmonds, Ill
Kim A. Edmonds
William A. Edmonds
Richard-S. Edmonds, Jr.
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property 1-2
b. Is rezoning proposed? Yes No XXX
C. If so, to what zoning
classification?
I 1/ 5/ 3 3
FISCAL IMPACT STATEMENT
DATE: August 13, 1985
TO: THE CITY COUNCIL OF VIRGINIA BEACH, @IIRGIilA
PROJECT NAME: Edmonds Company Virginia
TYPE OF FACILITY: Manufacturing and Warehousing
1. Maxi,,num amount of financing sought $ 700,000
2. Estimated taxable value of the facilitv's
real property to be constructed in the
municipality $ 375,000
3. Estimated real propertv tax per vear
using present tax rates $ 5,600
4. Estimated personal property tax per
year using present tax rates $ 3,000
5. Estimated merchants' caoital (business
license) tax per year using present tax
rates $ Not available
6. Estimated dollar value per year of goods
and services that will be purchased
locally $ @3 0 (LL_
7. Estimated number of regular employees on
year round basis 22
8. Average annual salary per employee $ 50p@@@e_k
The information contained in this Statement is based solel,.,
on Eacts 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 $ 750,000
2. Amount of industrial revenue bond financing
sought
$ 7 0 0 , 0 0 0
3. Estimated taxable value of the facility's
real property to be constructed in th@ cit,
Of Virginia Beach
$ 375,000
4. Estimated real pror)erty tax per Y7ear using
present tax rate $ 5,600
5. Estimated personal property tax $ 3,000
6. Economic impact statement demonstratina the
overall return to the'city:
A. Number of new jobs
B. Payroll generated 00 er Av. Wage 500 v)er week
month
C. Number of jobs retained 12
D. Payroll retained $24,000 perav. Wage $500 per week
month
E. Estimate of the value of goc>ds- and services purchased
within the geographic boundary of Virginia Beach by
type (inventory, machinery, professional services,
insurance,@motor vehicles, etc.):
Type Value
Professional services $ 1,250
jnsurance 5 0 0
Motor Vehicles 500
TOTAL 3,000
F Estimated building Permit fee and other municipal
Building Permit $750
fees Top fees $7500 $ 8, 2 5 0
G. Estimated construction payrDll $ 150,000
H. Estimated value of construction material
to be purchased within the City of
Virginia Beach $ 150,000
1. Estimated number of construction jobs 100
J. AnY other items which the applicant feels
the Authority should be made aware of in
evaluating the project None
7. Is the site currently zoned for the use of bei,, p,,,osed
for industrial revenue bond financing? YesXXX No
8. Has a bond Purchase agreement/commjtment ben accepted by
the applicant? (attach a,copy) Yes 'No XXX
9. Will the bond financing close within 90 days from the
date of adoption of the inducement resolution? Yes XXX
No
10. Location of project (attach location map) Just-south of
intersection Qf Shipps Corner and London Bridge Road
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 a,d t r Lie in all respects.
(A
Subscribed and sworn to before me this day of
1985. St
.1 cil
M@ Cbmmission ires:
ExD' C7
iiI Hoi,, 'i
pklNt I
'PAR K
Prc
Loc y
PROJECT IIAME: Edmonds Company Virginia
PROJECT ADDRESS: 1497 London Bridge Road
Virginia Beach, Virginia
TYPE OF PROJECT: 15,000 - 20,000 square foot one-story'
building for manufacture of rods, nuts and
bolts with related warehouse and office
space
RESOLUTION APPROVING THE ISSUANCE OF
INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR
EDMONDS COMPANY VIRGINIA
WHEREAS, the City of Virginia Beach Development
Authority (the "Authority") has considered the application
of Edmonds Company Virginia (the "Company") for the issuance
of the Authority's Industrial Development Revenue Bonds
in an amount not to exceed $700,000 (the "Bonds") to assist
in the financing of the Company's construction and equipping
of a manufacturing and warehousing facility (the "Facility")
to be located at 1497 London Bridge Road in the City of
Virginia Beach, Virginia and has held a public hearing
thereon on September 10, 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 SS 15.1-1378.1, Code of Virginia,
1950, as amended, a copy of the Authority's resolution
approving the issuance of the Bonds, subject to terms
to be agreed upon, and a 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 Edmonds
Company Virqinia, 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 or credit nor the taxing power of
the Commonwealth, the City, or the Authority shall be
pledged thereto.
3. In approving the Resolution, the City of Virginia
Beach, including its elected representatives, officers,
employees, and agents, shall not be liable and hereby
disclaims all liability for any damages to any person,
direct or 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
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 Project to allocate
a portion of its allowable industrial development bond
volume to the Project if the issuance of tax-exempt bonds
by the Authority is restricted by any State or Federal
statute now or hereafter enacted.
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 September 16, 1985
1 1985.
S@=RY SHEET
CITY OF VIRGINIA BEACH DEVELOPMLINT AUTIIORITY
INDUSTRIAL D@'V@',I,OPME-NT riEVENUE BOND
1. PROJECT NAME: Wc!L3t@iniri@it(,r in Vir@nia l@etch
2. LOCATION: 3100 Slicre Drive
Virginia Beach, Virginia 23451
3. DESCRIPTION OF PROJECT: Three-story ,:Ld,lition to fiealtli Care Center
to incliiIE., ',D b,@(is in I)rivat(l. roorrs with
bat,h, relate@i Livint7 aiid diniiig areas
and space for resident@ clinic and physical
therap.y @,ttache,i l@x@iibit, A.
4. AMOUNT OF BOND ISSUE: $4,000,000
5. PRINCIPALS: Westininsi@er-Canterbury of Hinipton Roads, Inc.,
a nonstock and nonprof'it Virginia corporation.
There are two members who elect the Board of
Directors -- Episcopai Diocese of Southern
Virf,,i,rij@i an,] Not-f@alk 1'r(,sbytery C)f ttic-@
6. ZONING CLASSIFICATION:
a. Present zoning classification
of the Property: B-)i
b. Is rezoning proposed? No.
C. If so, to what zoning
classificatioti? Nol, applictiblc@.
CHE, SA,
L YJVNIIA VEV R 0,,1 DS
Projec
Locatl@
LYr
TOWERS
6@O /@VIL T
L E@ll ER
-G E
H.@,y@
@,-B,. I y
BROA,
Fi@hi.q NY
....... .Joii)sMi)p 13
No. 1-7-0
PROJECT NAME: Westminster-Canterbury in Virginia
PROJhrT ADDR@ 3100 Shore Drive
VirrinLa Beach, Virginia 23451
TYPE OF PROJECT: Three-story addltion to licalth Care Center
to include 50 beds and privat(! rooms w-ith
bath.
RESOLUTION APPROVLNG AND CONCURRING IN THE ISSUANCE OF A
$4,000,000 RESIDENTIAL CARE FACILITY MORTGAGE REVENUE BOND
BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE
CITY OF NORFOLK, VIRGINIA
(Westminster-Canterbury of Hampton Roads, Inc. Facility)
WHEREAS, Section 15.1-1378 of the Code of virginia,
as amended, (the "Code"), provides in substance that no Industrial
Development Authority shall issue its bonds on a facility
or facilities located within the boundaries of another county,
city or town unless the governing body of such county, city
or town has indicated its concurrence in the issuance of
said bonds; and
WHEREAS, in 1979 the Industrial Development Authority
for the City of Norfolk (the "Norfolk Authority") issued
its bonds in the aggregate principal amount of $20,290,000
(the "Series of 1979 Bonds") to assist Westminster-Canterbury
of Hampton Roads, Inc. (the "Company") in the acquisition,
construction and equipping of a residential care facility
for the aged located at 3100 Shore Drive in Virginia Beach,
the City of Virginia Beach Development Authority (the "Virginia
Beach Authority") being then unable to issue bonds for such
a facility; and
WHEREAS, Section 212 of the Indenture of Trust between
the Authority and Virginia National Bank, as Trustee, which
serves to secure the Series of 1979 Bonds, provides that
the Norfolk Authority only may issue additional bonds to
fund the construction and equipping of improvements to the
existing health care facility, and the Norfolk Authority
now proposes to issue its Series of 1985 Bond in the principal
amount of $4,000,000 (Westminster-Canterbury of Hampton Roads,
Inc. Facility) (the "Series of 1985 Bond") to finance the
construction and equipping of a three-story, 50-bed addition
to the existing health care facility which addition will
also be located in Virginia Beach; and
WHEREAS, the Virginia Beach Authority has approved and
concurred in the issuance of the Bond and has by its resolution
dated September 10, 1985, requested that the City Council
of Virginia Beach also concur and approve the issuance of
the Series of 1985 Bond to insure that the issuance of the
Series of 1985 Bond will be in compliance with Section 15.1-1378
of the Code;
WHEREAS, no public hearing is required by Section 103(k)
of the Internal Revenue Code of 1954, as amended, by virtue
of the fact that the Company is an organization described
in Section 501(c)(3) of the internal Revenue Code of 1954,
as amended, and none has been therefor held.
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 Series of 1985 Bond by the Industrial
Development Authority of the City of Norfolk for the benefit
of Westminster Canterbury of Hampton Roads, Inc., to the
extent of and as required by Section 15.1-1378 of the Code
of Virginia, as amended, so as to permit the Norfolk Authority
to assist in the financing of the Facility.
2. 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 September 16, 1985.
CERTIFICATE
The undersigned Secretary of the City Council of Virginia
.Beach hereby certifys that the foregoing is a true, correct
and complete copy of a Resolution adopted by the Board of
Directors present and voting in a meeting duly called and
held on September 1 1985, in accordance with law, and
such resolution has not been repealed, revoked, rescinded
or amended, but is in full force and effect as of the date
hereof.
Witness my hand and seal of the Authority this 10th
day of September, 1985.
Secretary
[SEAL]
- 26 -
Item II-K.2/d/e/f/g/h/i.
INDUSTRlAL DEVELOPMENT REVENUE BONDS
ITEM # 24204
Upon motion by Councilman Baum, seconded by Councilman Fentress, City
Council ADOPTED RESOLUTIONS approving the Issuauce of INDUSTRIAL
DEVELOPMENT REVENUE BONDS to be issued by the Virginia Beach Development
Authority to the following:
EXECUTIVE HOTEL ASSOCIATES $ 5,500,000
BRIDGE TUNNEL HOTEL ASSOCIATES $ 10,000,000
KEL-CON ENTERPRISES $ 6,500,000
COMMODORE POINT ASSOCIATES $ 5,250,000
ATHEN'S OF TIDEWATER, INC. $ 550,000
S AND H COMPANY $ 922,000
Voting: 7-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M.
Henley, Robert G. Jones, Vice Mayor Reba S. McClanan, and J.
Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
H. Jack Jennings, Jr.
Council Members Absent:
Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: EXECUTIVE HOTEL ASSOCIATES PROJECT
2. LOCATION: 717 South Mi.li.tary Hi.ghway
Virginia Beach, Virgi.ni.a 23464
3. DESCRIPTION OF PROJECT: @-sition and renovati.on of an exi.stj-ng 103 uni.t
hotel and restaurant and the constructio@and
f=j-shj-ng of an additional 32 uni.ts.
4. AMOUNT OF BOND ISSUE: $5,500,000
5. PRINCIPALS: STEVEN C. GROH
ALAN J. GROH
BLAIR S. GROH
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property -H-1
b. Is rezoning proposed? Yes No X
C. If so, to what zoning
classification?
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
EXECUTIVE HOTEL ASSOCIATES PROJECT
DATE: August 15, 1985
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: EXECUTIVE HOTEL ASSOCAITES PROJECT
TYPE OF FACILITY: Hotel/Restaurant
1. Maximum amount of financing sought $ 5,500,000
2. Estimated taxable value of the facility'S
real property to be constructed in the
municipality $ 4,000,000
3. Estimated real property tax per year
using present tax rates $ 32,000
4. Estimated personal property tax per
year using present tax rates $ 45,000
5. EStimated merchants' capital (business
license) tax per year using present tax
rates $ N014E
6. Estimated dollar value per year of goods
and services that will be purchased
locally $ 250,000
7. Estimated number of regular employees on
year round basis $ 100
8. Average annual salary per employee $ 10,500
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
lay
C airman
Economic Impact Statement
EXECUTIV@ IIOTEL ASSOCIATES PROJECT
1. Ainount of investment $5,500,000
2. Amount of industrial revenue bond financing
sought $5,500,000
3. Estimated taxable value of the facil@ty's
real property to be constructed in the city
,of Virqinia @ach $4,000,Ooo
4. Estimated real property tax per year using
present tax rate $ 32,000
5. Estimated personal property tax $ 45,000
6. Economic impact statement demonstrating the
overall return to the city:
A. Number of new jobs 19
B. Payroll generated $157,500 Av. Wage $-10,500
C. Number of jobs r etained 85
D. Payroll retained $ 892,500 Av. Wage $ lo,goo
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
COST OF.SALES $ 250,000
TOTAL $250,000
F. Estimated building permit fee and other municipal
fees $ 5 000
G. Estimated construction payroll $ 25,000
H. Esti.,nated value of construction material
to be purchased within the City of
Virginia Beach @600,000
I. Estimated number of construction jobs 150
J. Any other items which the applicant feels
the Authority should be made aware of in
evaluating the project
7. Is the site currently zohed for the use of 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 -n4o x
9. Will the bond financing close within 90 days from the
date of adoption of the inducement resolution? Yes X
No
10. Wcation of project (attach location map) 717 S. Mi-li-tarv
Hi.ghway, Vi-rgi-ni-a Beach, Virgi-nia
11. Explanation of alternative financing that has been
reviewed for project Exi-stj-ng conventi.onal f i,nanci-al rates
make the project economi-cally i-mpracti-cal.
I hereby certify that the information stated in the above
Economic Impact Statement-is accurate and true in. all respects.
EXECUTIVE IIOTEL ASSOCIATES @
By: Executi-ve Hotel Corporation, General
Partner
By:
(Applicant)S even C. roh, Presi-dent
Subscribed and sworn to before me thisi@day of August
1 98 5.
Notary Public
my Commission Expires:
3 N U
PROJECT NAME: Executive Hotel
Associates Project
PROJECT ADDRESS: 717 South Military
Highway
Virginia Beach,
Virginia 23464
TYPE OF PROJECT: Hotel and Restaurant
Facility
RESOLUTION OF CITY COUNCIL APPROVING
THE ISSUANCE OF INDUSTRIAL DEVELOPMENT
REVENUE BOND FOR EXECUTIVE HOTEL ASSOCIATES
WHEREAS, the city of Virginia Beach Development
Authority, whose address is 770 Lynnhaven Parkway, Suite 200,
Virginia Beach, Virginia (the "Authority") has considered the
application of Executive Hotel Associates, a Virginia limited
partnership, whose address is Suite 816, 355 Crawford Parkway,
Portsmouth, Virginia 23704 (the "Purchaser"), for the issuance
of the Authority's industrial development revenue bond in an
amount estimated at not more than $5,500,000.00 (the "Bond") to
assist in the financing of the Purchaser's acquisition and reno-
vation of an existing 103 unit hotel and restaurant and the
construction and furnishing of an additional 32 units (the
"Project") to be located at 717 South Military Highway, Virginia
Beach, Virginia 23464 to be owned by the Purchaser, and has held
a public hearing thereon on Ser)tember 10, 1985 , and;
WHEREAS, the Authority has requested the City Council
(the "Council") of Virginia Beach, Virginia (the "City") to
approve the issuance of the Bond to comply with Section 103(k) of
the Internal Revenue Code of 1954, as amended; and
WHEREAS, pursuant to SS15.1-1378.1, Code of virginia, as
amended, a copy of the Authority's resolution approving the
issuance of the Bond, subject to terms to be agreed upon, and a
reasonably detailed summary of the comments expressed at the
public hearing, if any, have been filed with the Council of the
City of Virginia Beach, Virginia;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bond by the City of Virginia Beach
Development Authority, for the benefit of Executive Hotel
Associates, a Virginia limited partnership, 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 Project.
2. The approval of the issuance of the Bond, as
- I -
required by Section 103(k), does not constitute an endorsement of
the Bond or the creditworthiness of the Purchaser, but, pursuant
to Chapter 643 of the 1964 Acts of Assembly of Virginia, as
amended, the Bond shall provide that neither the City nor the
Authority shall be obligated to pay the Bond or the interest
thereon or other costs incident thereto except from the revenues
and moneys pledged therefor, and neither the faith or credit nor
the taxing power of the Commonwealth, the City, or the Authority
shall be pledged thereto.
3. In approving the Resolution, the City of Virginia
Beach, including its elected representatives, officers,
employees, and agents, shall not be liable and hereby disclaims
all liability for any damages to any person, direct or consequen-
tial, resulting from (1) the Authority's failure to issue bonds
for the Project for any reason, including but not limited to any
decision by the Authority in its sole discretion to allocate its
allowable industrial development bond volume to one or more other
projects if the issuance of tax-exempt bonds by the Authority is
restricted by any State or Federal statute now or hereafter enac-
ted; or (2) the Authority's failure for any reason after the
issuance of bonds for the Project to allocate a portion of its
allowable industrial development bond volume to the Project if
the issuance of tax-exempt bonds by the Authority is restricted
by any State or Federal statute now or hereafter enacted.
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 Septemberl6 198 5.
CITY COUNCIL OF VIRGINIA BEACH,
VIRGINIA
By:
TITLE:
eh#l
res.c
2
CERTIFICATION OF SPECIMEN BOND
The undersigned Secretary of the City of Virginia Beach
Development Authority of Virginia Beach, Virginia, a political
subdivision of the Commonwealth of Virginia (the Authority),
hereby certifies that the attached specimen of the Authority's
$5,500,000.00 Industrial Development Revenue Bond (the "Bond"),
is in all relevant respects identical to the Bond delivered today
to City Council, which Bond was authorized and issued pursuant to
a resolution of the Authority adopted , and is in
substantially the form duly authorized by such resolution and
that such resolution has not been repealed, revoked, rescinded,
or amended, but is in full force and effect as of the date
hereof.
Dated this day of 1985.
CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY OF THE CITY OF VIRGINIA
BEACH, VIRGINIA
By
Secretary
eh#l
res.c
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: BRIDGE TUNNEL HOTEL ASSOCIATES
2. LOCATION: 5725 Northampton Boulevard
Vi-rgi-ni-a Beach, VA 23455
Acqui.si.ti-on, cc)nstruction, renavation and
3 DESCRIPTION OF PROJECT: expansion of a 178 uni.t hotel and restau-
rant and the constructi.on oa j- i-ona
units.
4. AMOUNT OF BOND ISSUE: $10,000,000
5. PRINCIPALS: Steven C. Groh
Blair S. Groh
Alan J. Groh
Stephen J. '.Ii-ndsor
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property @H-1
b. Is rezoning proposed? Yes No
C. If so, to what zoning
classification?
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: AugUSt 15, 1985
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: BRIDGE TUNNEL HOTEL ASSOCIATES PROJECT
TYPE OF FACILITY: HOTEL/RESTAURANT
1. maximum amount of financing sought $ 1010 01000
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality $ 9,700,000
3. Estimated real property tax per year
using present tax rates $ 72,800
4. Estimated personal property tax per
year using present tax rates $ 9,000
5. Estimated merchants' capital (business
license) tax per year using present tax
rates $ NONE
6. Estimated dollar value per year of goods
and services that will be purchased
locally $ 700,000
7. Estimated number of regular employees on
year round basis $ 150
8. Average annual salary per employee $ 10,500
The information contained in this Statement is based solely
on facts and estimates provided by the Applicant, and the
Authority has made no ingependent investigation with repect
tnereto.
City of Virginia Beach
Development Authority
By
C airman
Economic Impact Statement
1. Amount of investment $-io,ooo,ooo
2. Amount of industrial revenue bond financing
sought $ 10,000,000
3. Estimated taxable value of the facil@ty's
real property to be constructed in the City
of Vir4inia B6acb $. 3,500,000
4. Estimated real property tax per year using
present tax rate $ 72,800
5. Estimated personal property tax $ 9,000
6. Economic impact statement demonstrating the
overall return to the city:
A. Number of new jobs 60
B. Payroll generated $ 630,000 Av. Wage $lo,5oo
C. Number of jobs retain@ed 90
D. Payroll retained $945,000 Av. Wage $ 10,500
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
Cost-of Sales $ 700,000
TOTAL 700,000
F. Estimated building permit fee and other municipal
fees $ - 25,000
G. EStimated construction payroll $1,200,000
H. Estinated value of construction material
to be purchased within the City of
Virginia Beach $1,500,000
I. Estimated number of construction jobs 200
J. Any other items which the applicant feels
the Authority should be made aware of in
evaluating the project
7. Is the site currently zohed for the use of 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 'NoX
9. Will the bond financing close within 90 days from the
date of adoption of the inducement resolution? Yes X
No
10. Eoocation of project (attach location map) 5725 Northampton
boulevard, Vi-rgini-a Beach, Vi.rgi-ni.a
11. Explanation of alternative financing that has been
reviewed for project Exi.stj-nq conventi-onal fi-nanci.nq rates
make the project economi-cally i.mpracti-cal.
Adopted by the Council of the City of Virginia Beach,
Virginia, on Septmber 16, 1985
I certify the foregoing to be a true and correct copy of a
resolution adopted by the City Council of the City of Virginia
Beach, Virginia, at a regular meeting held
Clerk
-3-
I hereby certify that the information stated in the above
Economic Impact Statement-is accurate and true in all respects.
BRIDGE TUNNEL HOTEL ASSOCIATES
By: Bri-dge Tunne@@e @orati-on, General
Partner
Bv:
(Applicant) President
Subscribed and sworn to before me this day of August
1985.
Notafy Public
My Commission Expires:
REE
PROJECT NAME: Bridge Tunnel Hotel
Associates
PROJECT ADDRESS: 5725 Northampton
Boulevard
Virginia Beach,
Virginia 23455
TYPE OF PROJECT: Hotel and Restaurant
and Facility
RESOLUTION OF CITY COUNCIL APPROVING
THE ISSUANCE OF INDUSTRIAL DEVELOPMENT
REVENUE BOND FOR BRIDGE TUNNEL HOTEL ASSOCIATES
WHEREAS, the city of Virginia Beach Development
Authority, whose address is 770 Lynnhaven Parkway, Suite 200,
Virginia Beach, Virginia (the "Authority") has considered the
application of Bridge Tunnel Hotel Associates, a Virginia limited
partnership, whose address is Suite 816, 355 Crawford Parkway,
Portsmouth, Virginia 23704 (the "Purchaser"), for the issuance of
the Authority's industrial development revenue bond in an amount
estimated at not more than $10,000,000.00 (the "Bond") to assist
in the financing of the Purchaser's acquisition, construction,
renovation and expansion of a 178 unit hotel and restaurant and
the construction of 72 additional units (the "Project") to be
located at 5725 Northampton Boulevard, Virginia Beach, Virginia
23455 to be owned by the Purchaser, and has held a public hearing
thereon on September 10, 1985 , and;
WHEREAS, the Authority has requested the City Council
(the "Council") of Virginia Beach, Virginia (the "City") to
approve the issuance of the Bond to comply with Section 103(k) of
the Internal Revenue Code of 1954, as amended; and
WHEREAS, pursuant to SS15.1-1378.1, Code of virginia, as
amended, a copy of the Authority's resolution approving the
issuance of the Bond, subject to terms to be agreed upon, and a
reasonably detailed summary of the comments expressed at the
public hearing, if any, have been filed with the Council of the
City of Virginia Beach, Virginia;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bond by the City of Virginia Beach
Development Authority, for the benefit of Bridge Tunnel Hotel
Associates, a Virginia limited partnership, 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 Project.
2. The approval of the issuance of the Bond, as
- 1 -
required by Section 103(k), does not constitute an endorsement of
the Bond or the creditworthiness of the Purchaser, but, pursuant
to Chapter 643 of the 1964 Acts of Assembly of Virginia, as
amended, the Bond shall provide that neither the City nor the
Authority shall be obligated to pay the Bond or the interest
thereon or other costs incident thereto except from the revenues
and moneys pledged therefor, and neither the faith or credit nor
the taxing power of the Commonwealth, the City, or the Authority
shall be pledged thereto.
3. In approving the Resolution, the City of Virginia
Beach, including its elected representatives, officers,
employees, and agents, shall not be liable and hereby disclaims
all liability for any damages to any person, direct or consequen-
tial, resulting from (1) the Authority's failure to issue bonds
for the Project for any reason, including but not limited to any
decision by the Authority in its sole discretion to allocate its
allowable industrial development bond volume to one or more other
projects if the issuance of tax-exempt bonds by the Authority is
restricted by any State or Federal statute now or hereafter enac-
ted; or (2) the Authority's failure for any reason after the
issuance of bonds for the Project to allocate a portion of its
allowable industrial development bond volume to the Project if
the issuance of tax-exempt bonds by the Authority is restricted
by any State or Federal statute now or hereafter enacted.
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 September 16, , 1985.
CITY COUNCIL OF VIRGINIA BEACH,
VIRGINIA
By:
TITLE:
bt#l
res.c
2
CERTIFICATION OF SPECIMEN BOND
The undersigned Secretary of the City of Virginia Beach
Development Authority of Virginia Beach, Virginia, a political
subdivision of the Commonwealth of Virginia (the Authority),
hereby certifies that the attached specimen of the Authority's
$10,000,000.00 Industrial Development Revenue Bond (the "Bond"),
is in all relevant respects identical to the Bond delivered today
to City Council, which Bond was authorized and issued pursuant to
a resolution of the Authority adopted , and is in
substantially the form duly authorized by such resolution and
that such resolution has not been repealed, revoked, rescinded,
or amended, but is in full force and effect as of the date
hereof.
Dated this day of 1985.
CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY OF THE CITY OF VIRGINIA
BEACH, VIRGINIA
By
Secretary
bt#l
res.c
3
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: Kel-Con Enterprises
2. LOCATION: 2604 and 2607 Ocean Front Drive
Virginia Beach, Virginia
3.' DESCRIPTION OF PROJECT: 135 unit riotel with related office,
shops and restuarant facil.ities
4. AMOUNT OF BOND ISSUE: $6,500,000
5. PRINCIPALS: Ronald D. McInturff, Cen. Plartner
Garry P. McInturff, Gen. Partner
A small portion of the project will
be sold to liriited partners
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property H-2
b. Is rezoning proposed? Yes No x
C. If so, to what zoning
classification?
FlSCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: AUGUST 15, 1985
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: KEL-CON ENTERPRISES
TYPE OF FACILITY: MOTEL
1. Maximum amount of financing sought $ 6,500,000
Estimated taxable value of the facility's
real property to be constructed in the
F,unicipality $-6,100,000
3. Estiniated real property tax per year
using present tax rates $- 48,000
4. Estimated personal property tax per
year using present tax rates $ 20,000
5. Estimated merchants',capital (business
license) tax per year using present tax 7,000
rates $
6. Estimated dollar value per year of goods
and services that will be purchased
locally $- 135,000
7. Estimated number of regular employees on
year round basis $ 50
8. Average annual salary per employee $- 1 0 . 0 00
The information contained in this Statement is based solely i)n
facts and estimates provided by the Applicant, and thE Authority has
n@ade no independent investigation 'with respect theretc-
City of Virgin--a Beach
Developn,ent Au-.hority
By
Ch man
adr
ECONOMIC IMPACT STATEMENT
1. AMount of investment $ 6,500,000_
2. Amount of industrial revenue bond financing
sought $ 6,500,000
3. EStimated taxable value of the facility's real
property to be constructed in the City of
Virginia Beach S 6,100,000
4. EStimated real property tax per year using
present tax rate 48,800
$ "I'll
5. Estimated personal property tax s 20,000
6. Economic impact statement demonstrating the
overall return to the city:
A. Number of new jobs 50 possible
B. Payroll generated $ 500,000 A,. Wage $ 10,000
C. Number of jobs retained N/A
D. Payroll retained $ N/A Av. Wage $ N/A
E. Estimate of the value of goc>ds and services purchased
within the geographic boundary of Virginia Beach by
type (inventory, machinery, professional services,
insurance, motor vehicles, etc.):
Type Value
automobile $ 15,000
insurance $ 10,000
linen service $ 70,000
prof@ssional services
repair services $ 40 O 0 0
TOTAL $ 135,000
F. Estimated building permit fee and other municipal 2,270
fees $
G. Estimated construction payroll $1@600,000
H. Estimated value of construction material to
be purchased within the City of Virginia
Virginia Beach $ 1 , 00 0 , 0 00
I. Estimated number of construction jobs 80
J. Any other items which the applicant feels
the Authority should be made aware of in
evaluating the project This project will upgrade the Plotel
- facilities along Atlantic Ave, and support the tourist inrlil,;try
7. Is the site currently zoned for the specific use being proposed for
industrial revenue bond financing? Yes x No
S. 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)
2604-2607 Ocean Front Drive, Va. Beach, VA
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.
(Ap@icant)
Subscribed and sworn to before me this day of
1985.
Notary Public (J
My Commission Expires:
9
CHESAPEAKE
OC
HD K"
ORES
REDWIN(
R
mo
CORNER
NAME OF PROJECT: Kel-Con Enterprises
TYPE OF PROJECT: 135-Unit Motel With Related
Office, Shops, & Restaurant
Facilities
PRO,JECT LOCATION: 2604 & 2607 Ocean Front Drive
RESOLUTION APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR
RONALD D. MCINTURFF AND KEL-CON ENTERPRISES,
A VIRGINIA LIMITED PARTNERSHIP
WHEREAS, the City of Virginia Beach Development Authority
(the Authority) has considered the application of Ronald D.
McInturff and Kel-Con Enterprises, a Virginia Limited Partnership
(the Company) for the issuance of the Authority's industrial
development revenue bonds in an amount not to exceed
$6,500,000.00 (the Bonds) to assist in the financing of the
Company's acquisition, construction, and equipping of a 135 unit
motel with related office, shops and restaurant facilities (the
Facility) to be located at 2604 and 2607 Ocean Front Drive in the
City of Virginia Beach, Virginia, and has held a public hearing
thereon on September 10, 1985, and
WHEREAS, tbe Authority has requested the City Council (the
Council) of Virginia Beach, Virginia (tbe 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 tbe
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 tbe City of Virginia Beach
Development Authority for the benefit of Ronald D. McInturff and
Kel-Con Enterprises, a Virginia Limited Partnership 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 tbe 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 tbe creditwortbiness 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 fr(xn 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 Septmeber 16, 1985.
081417/gmd/COM
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
Co-odore Point Associates, a
1. PROJECT NAME: Virginia limited partn,rshir)
2. LOCATION: 5600 Southern Boulevard
3. DESCRIPTION OF PROJECT: 75,000 square foot Office building
uarters
Vir(4inia
4. AMOUNT OF BOND ISSUE:
5. PRINCIPALS:
Douglas D. Wetrnore,
DOuglas D. Ellis
ary-B- Ruffner
Alfred P. Dreyf,s
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property
b. Is rezoning proposed? Yes No xXX
C. If sOr tO what zoning
classification?
ii/ @5/S 3
FISCAL IMPACT ,TATEMENT
DATI-: August 16, 1985
TO: TEIE CITY COUNCIL OF VIRGINIA BEACH, VIRGItlIA
PROJECT NAME: Commodore Point Associates Facility
TYPE OF FACILITY: 75,000 square foot office facility
1. Maximum amount of financing sought $--5,250,000
2. Estimated taxable value of the facilitv's
real property to be constructed in the
municipality $ 8 , 0 0 0 , 0
3. Estimated real propertv tax per year
using present tax rates $_ 64,000
4. Estimated personal property tax per
year using present tax rates $ -- 6o.ooo--
5. Estimated merchants' caoital (business
license) tax per year using present tax
raties $ Unknown
6. E--timated dollar value per year of goods
and services that will be purchased
locally $ 0,
7. Estiiaated number of regular employees on
year round basis 500
8. Average annuai salary per employee $ 20,006
The information contained in this Stateinent is base(j solel,i
c)n 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@i-r
Economic Impact Statement
1. Amount of investment 5,250,000
2. Amount of industrial revenue bond fi'
nancing
sought $5 250,000
3. Estimated taxable value of the facility's
real property to be constructed in the City
of Virgini.a Beach $8,000,000
4.. Estimated real property tax per year uting
present tax rate
6 4 , 0 0 0
5. Estimated personal property tax 60,000
6. Economic impact statement demonstrating the
overall 'city:
,return to the
A. Number of new jobs 10 0
B. Payroll generated $ 2,000,000 Av. Wage 2 0 , 0 0 0
C. Number of jobs retain@d 0
D. Payroll retained $ 0 Av. Wage $ 0
E. Estimate of the value of goods-and services Purchased
within the gec>graphic boundary of Virginia Beach by
type (inventory, machinery, professional serv3 .ces,
insurance,@motor vehicles, etc.):
Type Value
Professional Services $ 150,000
Miscellaneous $ 200,000
$
TOTAL $-750,000
F- Estimated building permit fee and other municipal
fees $ 50,000
G. Estimated construction payroll $ 7 5 0 , 0 0 0
H. Estimated value of construction material
to be purchased within the
City of
Virginia Beach 2,810,000
I. Estimated number of construction jobs 15 0
J. Any other items which the applicant feels
the Authority should be made aware of in
evaluating the p ect Relocation of 100 emplo e company
olk, combined with firstrc)@a r
from Norf lac-= cently
completed nearby Greenwich Centre a 60,000 building currently 95% leased,
whicii includes a
Equitable f ned for the use of being proposed
for industrial revenue bond financing? Yes xx No
8. Has a bond Purchase agreement/commitnent been accepted by
the applicant? (attach a,copy) Yes 'No XXX
9. Will the bond financing close within 90 days from the
date of adoption of the inducement resol tion? Ye, Xx
U
No
10. Location of project (attach location map) 4.5@Acres on
Greenwich Road (former FOP facility)
11. Explanation of alternative financing that has been
reviewed for project Project not feasible with any
alternative financinq.
I hereby certify that the informati,n stated in the above
Economic Impact Statement-is accurate and true in all respects.
Subscribed and sworn to before me this 1'&th day c)f August
1985
My com'misSiOn ExDire-
1- y
z
PROJECT NAME: Commodore Point Associates
PROJECT TYPE: 75,000 Square Foot Office
Buiiding
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers on September lp
1985.
on Motion by and seconded by
the following Resolution was
adopted.
RESOLUTION OF THE CITY COUNCIL APPROVING
THE ISSUANCE OF INDUSTRIAL DEVELOPMENT
REVENUE BONDS TO COMMODORE POINT ASSOCIATES
WHEREAS, the Virginia Beach Development Authority (the
"Authority"), has considered the application of Commodore Point
Associates (the "Company") for the issuance of the Authority's
industrial development revenue bonds in an amount not to exceed
$5,250,000 (the "Bonds") to assist in the financing of the
Company's acquisition, construction and equipping of an office
facility consisting of approximately 75,000 square feet (all
improvements and land being collectively referred to as the
"Facility") to be located at 5600 Southern Boulevard in
Virginia Beach, Virginia, and has held a public hearing thereon
on September 10, 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 S15.1-1378.1, 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;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bond by the Virginia Beach
Development Authority, in a principal amount not to exceed
$5,250,000 for financing the acquisition, construction and
equipping of an office facility consisting of approximately
75,000 square feet to be located at 5600 Southern Boulevard in
Virginia Beach, Virginia, for the benefit of Commodore Point
Associates, to the extent 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 Bond, 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 Bond or the interest thereon or
other costs incident thereto except from the revenues and
moneys pledged therefor, and neither the faith or credit nor
the taxing power of the Commonwealth, the City or the Authority
shall be pledged thereto.
3. In approving the Resolution, the City of Virginia
Beach, including its elected representatives, officers,
employees and agents, shall not be liable and hereby disclaims
all liability for any damages to any person, direct or
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 Commonwealth of Virginia to
allocate its allowable private activity bond limit 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 Commonwealth of Virginia's
failure for any reason after the issuance of the Bonds for the
Facility to allocate a portion of its allowable private
activity bond limit 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.
4. This Resolution shall take effect immediately upon
its adoption.
-2-
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AU@HORIJ@%,
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: Athen's 0f Tidewater, Inc.
2. LOCATION: 1929 Centerville Turnpike
Vir,ginia Beach, Virqinia '23464
3 DESCRIPTION OF PR%DJECT: Retail Shopping CentL-r
4. AMOUNT OF BOND ISSUE: $550,000
5. PRINCIPALS: Kosta Poulos
6. ZONING CLASSIFICATION:
a. Present zoni,-,l
clas@ificatioll of the
Property D=2
b. Is rezoning proposed? Yes No x
C. If SOP tO what zoning
classification?
11/5/83 EXHIBIT C
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: 8-14-85
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: Athen's of Tidewater, Inc.
TYPE OF FACILITY: Retail Shopping Center
1. Maximum amount of financing sought $ ,,,0,000
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality $ 650,000
3. Estimated real property tax per year
using present tax rates $ 5,200
4. Estimated personal property tax per
year using present tax rates $ 411,100
5. Estimated merchants' capital (business
license) tax per year using present tax
rates $ 1, 50 0
6. Estimated dollar value per year of goods
and services that will be purchased
locally $ 500,000
7. Estimated number of regular employees on
year round basis )$ 60
8. Average annual salary per employee $ 15,000-20,000
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 repect
thereto.
City of Virginia Beach
Development Authority
By
Economic Impact Statement
1. Amount of investment $550,000
2. Amount of industrial revenue bond
financing sought $550,000
3. Estimated taxable value of the
facility's real property to be
constructed in the City of
Virginia Beach $650,000
4. Estimated real property tax per
year using present tax rate $ 5, 200
5. Estimated personal property tax $ 4,500
6. Economic impact statement
demonstrating the overall
return to the City:
A. Number of new jobs 60
B. Payroll generated $900,000 Av. Wage $15 000
C. Number of jobs retained -N/A
D. Payroll retained $ Av. Wage $
E. Estimate of the value of goods and services
purchased within the geographic boundary of
Virginia Beach by type (inventory, machinery,
professional services, insurance, motor vehicles,
etc.):
Type Value
- Inventory .$ 171 000
Equipment $ 40,000
-Professional Services $ 49 000
Insurance $ 35 000
- Vehicles s105 000
P. Estimated building permit fee
and other municipal fees s 50,000
2
G Estimated construction payroll $ 60, 000
H. Estimated value of construction
material to be purchased within
the City of Virginia Beach $ 200,000
I. Estimated number of
construction jobs 300
J. Any other items of which the
applicant feels the Authority
should be made aware of in
evaluating the project Additional revenue from utilities,
real estate taxes, local sales tax and local meal tax, @d
state inccm tax fr Payroll and business tax returns
7. Is the site currently zoned for the use of 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)
1929 Centerville Turnpike
Virginia Beach, Virginia 23464
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.
3
Subscribed and sworn to before me this / @ day of
1.@-- I I EM. 1985.
li.t'a@ P'
MY Commission Expires: /0-i@-@U
PROJECT NAME: Athen's of Tidewater, Inc.
PROJECT NAME: 1929 Centerville Turnpike
Virginia Beach, VA. 23464
TYPE OF PROJECT: Retail Shopping Center
A meeting of the Council of the City of Virginia Beach,
virginia, was held in the Council Chambers, in the Adminis-
tration Building, on the 16 day of September, 1985.
on motion by
and seconded by the follow-
ing Resolution was adopted.
RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL
DEVELOPMENT REVENUE BONDS FOR ATHEN'S OF TIDEWATER,
INC.
WHEREAS, the City of Virginia Beach Development Authori-
ty (the Authority) has considered the application of Athen's
of Tidewater, Inc., a Virginia corporation (the Company), for
the issuance of the Authority's industrial development
revenue bonds in an amount not to exceed $550,000 (the Bonds)
to assist in the financing of the Company's construction of a
retail shopping center facility (the Facility) to be located
at 1929 Centerville Turnpike in the City of Virginia Beach,
Virginia, and to be owned by the Company, and has held a
public hearing thereon on September 10, 1985; and
WHEREAS, the Authority has recommended that the City
Council (the Council) of City of Virginia Beach, Virginia
(the City), approve the issuance of the Bonds to comply with
Section 103(k) of the Internal Revenue Code of 1954, as
amended, and Section 15.1-1378.1 of the Code of Virginia of
1950, as amended, and has authorized the City Manager to
submit an application to the Virginia Department of Housing
and Community Development requesting $550,000 from the "State
Reserve", as defined in Executive Order 54(85) of the Gover-
nor of the Commonwealth of Virginia dated January 23, 1985
(the Executive Order), with respect to the issuance of the
Bonds;
WHEREAS, a copy of the Authority's resolution approving
the issuance of the Bonds, subject to terms to be agreed
upon, a reasonably detailed summary of the comments expressed
at the public hearing with respect to the Bonds and a
statement in the form prescribed by Section 15.1-1378.2 of
the Code of Virginia of 1950, as amended, have been filed
with the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The recitals made in the preambles to this Resolu-
tion are hereby adopted as a part of this Resolution.
2. The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bonds by the City of Virginia
Beach Development Authority to assist in the financing of the
Facility for the benefit of the Company, to the extent of and
as required by Section 103(k) of the Internal Revenue Code of
1954, as amended.
3. The approval of the issuance of the Bonds, as
required by such Sections 103(k) and 15.1-1378.1, does not
constitute an endorsement of the Bonds or the creditworthi-
ness 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.
4. The City Manager is hereby authorized and directed
to submit an application to the Virginia Department of
Housing and Community Development requesting $550,000 from
the "State Reserve", as defined in the Executive Order with
respect to the issuance of the Bonds.
2
5. This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on September 16 , 1985.
3
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: S and H Company Office Facility
2. LOCATION: 397 Little Neck Road
Virginia Beach, Virginia 23452
3. DESCRIPTION OF PROJECT: Regional Headquarters and
operations center for S and H
Company and its affiliates and
a commercial and professional
center and related improvements
4. AMOUNT OF BOND ISSUE: $922,000
5. PRINCIPALS: C. G. Harris and Marvin Simon
6. ZONING CLASSIFICATION:
a. Present zoning
classification
of the Property: Cornmercial
b. Is rezoning proposed? No
C. If so, to what zoning
classification? N/A
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: August 15, 1985
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: S and H Company Office Facility
TYPE OF FACILITY: Regional Headquarters and operations
center for S and H Company and its
affiliates and a commercial and profes-
sional center and related improvements
1. Maximum amount of financing sought $922,000
2. Estimated taxable value of the
facility's real property to be
constructed in the municipality $985,000
3. Estimated real property tax per
year using present tax rates $ 8,400
4. Estimated personal property tax
per year using present tax rates $ 3,800
5. Estimated merchants' capital
(business license) tax per
year using present tax rates $ 500
6. Estimated dollar value per year
of goods and services that will
be purchased locally $300,000
7. Estimated number of regular
employees on year round basis 45
8. Average annual salary per employee $ 20,000
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 OP VIRGINIA BEACH
DEVELOPMENT AUTHORITY
By
Chairman
4
t4Ti@TIC ile
6
7
LE
9
Fl
L,
10
[-T
iu
@12
Hir!
'13
;T I SEE ID 01
A B c E F G H
C.@I.I..@ . 16-.1 @O G@'D 2p7@. Joins Map 21
PROJECT NAM S and H C@any Office Facility
PROJECT ADDRESS: 397 Little Neck Road
Virginia Beach, Virginia 23452
TYPE OF PROJECT: Regional Headquarters and operations center for
S and H Company and its affiliates
RESOLUTION APPROVING THE ISSUANCE OF
INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR
S AND H COMPANY
WHEREAS, the City of Virginia Beach Development Authori-
ty (the Authority), has considered the application of S and H
Company, a Virginia general partnership (the Company) whose
address is Suite 200, 3400 Building, 397 Little Neck Road,
Virginia Beach, Virginia 23452, for the issuance of the
Authority's industrial development revenue refunding bonds in
an amount not to exceed $922,000 (the Bonds) to refund that
certain $922,000 Temporary Construction Revenue Bond (S and H
Company Office Facility - 1980), dated September 1, 1980,
made payable to Sovran Bank, N.A. (formerly Virginia National
Bank) (the Lender) as modified by that certain Modification
and Extension of Bond Agreement, dated December 1, 1981,
between the Authority and the Lender (collectively, the
Original Bond); and
WHEREAS, the Original Bond was issued to assist in
financing of the Company's acquisition, construction, and
equipping of a regional headquarters and operations center
for the Company and its affiliates and a commercial and
professional center and related improvements (collectively,
the Facility) located at 397 Little Neck Road, Virginia
Beach, Virginia 23452, and owned and operated by the Company;
and
WHEREAS, the Authority held a public hearing on the
issuance of the Bonds on September 10, 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
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 September 16, 1985
1985.
- 27 -
Item II-L
CONSENT AGENDA ITEM # 24205
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City
Council APPROVED in ONE MOTION Items 1,2,3,4,5,6,7 and 8, as well as the
two ADD-ON Items: Resolution in Memoriam to Laszlo Aranyi and Resolution
in Gratitude to the Virginia Beach Mounted Patrol, of the CONSENT AGENDA.
On Item 1, Vice Mayor McClanan registered a VERBAL NAY Vote.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M.
Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba
S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf
- 28 -
Item II-L.A
CONSENT AGENDA ITEM # 24206
ADD-ON
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City
Council ADOPTED a RESOLUTION IN MEMORIAM to;
LASZLO ARANYI
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M.
Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba
S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf
RESOLUTION IN MEMORIAM
TO
LASZLO ARANYI
WHEREAS: LASZLO ARANYI was born in Budapest, Hungary and came to
the United States in 1956;
WREREAS: He opened an architectural practice in Virginia Beach in
1965 and began to spearhead the solar energy movement in Tidewater;
WHEREAS: He was always willing to extend himself beyond his
profession and into community service;
WHERF,AS: He was a man of integrity who demonstrated his concern
for humanity by contributing many hours to the promotion of youth
through his work with the Boy's Clubs and expressed his concerns for
the elderly by designing the first state-of-the-art nursing home in
Virginia and publishing a book in connection therewith;
WHEREAS: He was a violinist, a painter and photographer; he
enriched the lives of the citizens of Virginia Beach with his music and
his art;
WHEREAS: He was a man of many cultural and charitable interests
who shared his enthusiasm and knowledge for the benefit of all. He
succeeded in making each project more than ordinary;
WHEREAS: He was appointed to the Virginia Beach Arts & Humanities
Commission June 27, 1983, and was serving his second term when elected
Chairman in Juie 1985. His dedication and unselfish service involved
personal sacrifices and inconveniences; however, he liked his work and
became involved to better understand every facet. He was quick to
recognize a need and energetic to excel in any field of endeavor; and,
WHEREAS: This City is a better place to live and to work because
of the contributions of LASZLO ARANYI:
TREREFORE, it was with sincere regret that the Virginia Beach City
Council learned of the death of this outstanding citizen and wishes to
express its sympathy with this
RESOLUTION IN MEMORIAM
GIVEN under our hands and seals this Sixteenth Day of September,
Nineteen Hundred and Eighty-Five.
Mayor Vice Mayor
- 29 -
Item II-L.b.
CONSENT AGENDA ITEM # 24207
ADD-ON
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City
Council ADOPTED a RESOLUTION IN RECOGNITION to:
VIRGINIA BEACH MOUNTED PATROL
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M.
Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba
S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf
September 16, 1985
- 30 -
Item II-L.1
CONSENT AGENDA ITEM # 24208
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance, on SECOND READING, to appropriate $27,949 to
the office of the Commonwealth's Attorney for an additional attorney
position.
Voting: 7-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M.
Henley, H. Jack Jennings, Jr., Robert G. Jones, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
Vice Mayor Reba S. McClanan*
Council Members Absent:
Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf
*Verbal Nay
Setpember 16, 1985
z
< AN ORDINANCE TO APPROPRIATE $27,949
TO THE OFFICE OF THE COMMONWEATLH'S ATTORNEY
>
0 FOR AN ADDITIONAL ATTORNEY POSITION
WHEREAS, the office of the Commonwealth's Attorney has requested
an additional attorney position to allow reinstatement of the Target
Misdemeanor Program, and
WHEREAS, the cost of the new position is estimated at $27,949
for salaries, fringe benefits, supplies and furniture, and
WHEREAS, the total cost may be offset by an increase in esti-
mated revenues as a result of increased funding from the Compensation Board.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that funds in the amount of $27,949 are hereby appropriated
to the Commonwealth's Attorney's budget for a new Attorney I position.
BE IT FURTHER ORDAINED that the appropriations be offset by a
like increase in estimated revenues.
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on the 16th day of September 1985.
FIRST READING: September 9, 1985
SECOND READING: September 16, 1985
KAR/13 ORDI
- 31 -
Item II-L.2
CONSENT AGENDA ITEM # 24209
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City
Council APPROVED the following Ordinances, on FIRST READING to:
ORDINANCE TO APPROPRIATE FUNDS OF $6,306,290 FOR
CITY OF VIRGINIA BEACH SCHOOL PROGRAMS FUNDED BY
SPECIAL CATEGORICAL GRANTS FOR SCHOOL YEAR
1985-86.
ORDINANCE TO APPROPRIATE FUNDS OF $1,895,309 FOR
THE FY 1985-86 SCHOOL TEXTBOOK RENTAL FUND
BUDGET.
ORDINANCE TO APPROPRIATE FUNDS OF $8,538,291 FOR
THE FY 1985-86 SCHOOL CAFETERIA ENTERPRISE FUND
BUDGET.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M.
Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba
S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
AN ORDINANCE TO APPROPRIATE
FUNDS OF $6,306,290 FOR CITY
OF VIRGINIA BEACH SCHOOL
PROGRAMS FUNDED BY SPECIAL
CATEGORICAL GRANTS FOR SCHOOL
Y@ 1985-86
WHEREAS, the Virginia Beach School Board has been notified
that it will receive funds of $6,306,290 througb special state
and federal categorical grants for the school year 1985-86, and
WTIEPEAS, these funds were not included in the FY 1985-86
School Operating Budget approved by City Council, and
WHERFAS, the School Board at its meeting on August 20, 1985
approved this funding and requests that City Council appropriate
these funds, and
14HEREAS, it is desirable and necessary for City Council
to appropriate these funds prior to the expenditure thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA that funds of $6,306,290 are
hereby appropriated for school pairposes for FY 1985-86 under
the auspices of the following grants:
Grant Source Amount
Pay-for-Performance State $ 65,522
Remedial Education State 200,000
Chapter I, P.L.97-35 Federal 3,950,605
Chapter T, Special Projects Federal 87,720
Chapter II, P.L. 97-35 Federal 361,209
Title VI-B, P.L- 94-142 Federal 1,611,166
Title VI-C, P.L- 94-142 Federal 3,621
Title VI-C, P.L- 89-313 Federal 3,695
Transition Program for
Refugee Children,
P.L. 96-212 Federal 10,752
Adult Basic Education,
P.L. 91-230 Federal 12,000
Total Categorical Grants $ 6,306,290
BE IT FURTHER ORDAINED that this appropriation will be
financed by $265,522 estimated revenue from the Commonwealth and
$6,040,768 estimated revenue from the Federal Government, and
BE IT FURTHER ORDAINED that this appropriation is authorized
subject to the expenditures being incurred with no local match.
Tbis ordinance shall be effective for tlie fiscal year
beginning July 1, 1985.
Adopted by tlie Council of the City of Virginia Beach,
Virginia on the day of 1985.
Public Hearing: September 16, 1985
First Reading: September 16, 1985
Second Reading:
AN ORDINANCE TO APPROPRIATE FUNDS OF
$1,895,309 FOR THE FY 1985-86 SCHOOL
TEXTBOOK RENTAL FUND BUDGET
WHEREAS, the Attorney General of Virginia has opined that
School Board expenditures of funds generated by tlie rental of
textbooks require an appropriation of the local governing body,
and
WHEREAS, the Virginia Beach School Board lias a textbook
rental plan whereby rental income is deposited in a textbook ren-
tal fund and purchases of textbooks and other related expenses are
paid from this flind, and
WHEREAS, the School Board has submitted a Textbook Rental
Fund budget for FY 1985-86 in order to coinply with the Attorney
General's opinion, and
WHEREAS, the Textbook Rental budget approved by the School
Board on August 20, 1985 included total revenues of $1,895,309 and
total disbursements of $1,895,309 for fiscal year 1985-86.
NOW, THEREFORF,, BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH that funds of $1,895,309 be
appropriated for a School Textbook Rental Fund budget in the
manner approved by the School Board in its meeting of August 20, 1985.
BE IT FURTHER ORDAINED that this appropriation be
financed by Estimated Revenues of $1,895,309 in the Textbook Rental Fund.
This ordinance shall be effective from the date of its adop-
tion.
Adopted by the Council of the City of Virginia on the
day of 1985.
PUBLIC HFARI.NG: September 16, 1985
FIRST READING: September 16, 1985
SECOND READING:
P,ATS 18/ORD2
API.IRO'VED Ac, TO Col@,ITF.NT
!,l li@@ L
It" "@T
AN ORDINANCE TO APPROPRIATE FUNDS OF
$8,538,291 FOR THE FY 1985-86 SCHOOL
CAFETERIA ENTERPRISE FUND BUDGET
WHEREAS, the Attorney General of Virginia has opined that
School Board expenditures of funds generated by the sale of
cafeteria meals require an appropriation of the local governing
body, and
WHEREAS, the Virginia Beach School Board has a cafeteria
meal program whereby meal income is deposited in a cafeteria enter-
prise fund and purchases of food and other related expenses are
paid from this fund, and
WHEREAS, the School Board has submitted a Cafeteria Enter-
prise Fund budget for FY 1985-86 in order to comply with the Attorney
General's opinion, and
WHERF,AS, the Cafeteria Enterprise Fund budget approved by the
School Board on July 16, 1985 included total revenues of $8,538,291
and total disbursements of $8,538,291 for fiscal year 1985-86.
NOW, THERFFORE, BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF VIRCINIA BEACH that funds of $8,538,291 be
appropriated for a School Cafeteria Enterprise Fund budget in the
manner approved by the School Board in its meeting of July 16, 1985.
BE IT FURTHER ORDAINED that this appropriation be
financed by Estimated Revenues of $8,538,291 in the Cafeteria Enterprise
Fund.
This ordinance shall be effective from the date of its adop-
tion.
Adopted by tlie Council of the City of Virginia on the
day of 1985.
PUBLIC HEARING: September 16, 1985
FIRST READING: September 16, 1985
SECOND READING:
RATS 18/ORDI
AS TO CONTENT
T
- 32 -
Item II-L.3
ITEM # 24210
CONSENT AGENDA
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance to trausfer Fiscal Year 1984-85 appropriatious
within various departments to match appropriations and expenditures.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M.
Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba
S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf
AN ORDINANCE TO TRANSFER FISCAL YEAR 1984-1985
APPROPRIATIONS WITHIN VARIOUS DEPARTMENTS
TO MATCH APPROPRIATIONS AND EXPENDITURES
WHEREAS, unanticipated conditions caused the expenditures of various
get units to exceed their appropriations, and
WHEREAS, other budget units have excess appropriations in amounts
greater than those budget units 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, that appropriations be reallocated or increased as follows:
Appropriation
Fund/Budget Unit/Department Adjustment
GENERAL FUND:
Transfers To:
04020 - City Treasurer (Finance) $ 28,000
06035 - Custodial Unit (Judicial) 28,500
10010 - Director's Office (Public Works) 97,000
10111 - Highway Inspections (Public Works) 40,400
10113 - Street Maintenance (Public Works) 72,000
10311 - Refuse Disposal (Public Works) 35,000
10314 - Solid Waste Transfer Station (Public Works) 85,000
16020 - Management and Support (General Services) 61,000
19020 - Suppression (Fire) 87,400
Total Transfers To $ 534,300
Transfers From:
30000 - Reserve for Contingencies-Salary $ 402,300
10250 - Design and Administration (Public Works) 132,000
Total Transfers From $ 534 3@00
WATER AND SEWER FUND
Transfers To:
20016 - Water Production Resources (Public Utilities) $ 863,000
20050 - Customer Service (Public Utilities) 33,253
20030 - Administration (Public Utilities) 26,000
Total Transfers To $ 922,253
Transfers From:
30000 - Reserve for Contingencies (Public Utilities) $ 133,253
20010 - Director's Office (Public Utilities) 43,500
20011 - Engineering (Public Utilities) 122,200
20031 - Water Distribution (Public Utilities) 123,600
20032 - Water Production (Public Utilities) 238,600
20042 - Sewer Pump Stations (Public Utilities) 231,600
20041 - Sewer Collection (Public Utilities) 29,500
Total Transfers To $ 922 2@53
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
16 day of September 1985.
CAC/I ORD12
- 33 -
Item II-L.4
CONSENT AGENDA ITEM # 24211
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance transferring $350,000 from Project 2-823 Salem
Canal Hydraulic Study to Project 2-410 Great Neck Road - Phase 11 for
acquisition of this property.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M.
Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba
S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf
AN ORDINANCE TO TRANSFER $350,000
OF CAPITAL PROJECTS FUNDS TO PROJECT #2-410
GREAT NECK ROAD-PHASE 11 FOR THE CITY'S
SHARE OF SITE ACQUISITION COSTS
WHEREAS, project #2-410 Great Neck Road-Phase II is included in the
city's capital improvement program as a city/state project, and
WHEREAS, in order to proceed with the remaining construction needed
for this project, additional site must first be acquired, and
WHEREAS, appraisals for the additional site have been received with
the city's share of costs estimated at $350,000, and
WHEREAS, the additional funds needed may be transferred from project
#2-823 Salem Canal Hydraulic Study.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that funds in the amount of $350,000 are hereby transferred
from project #2-823 Salem Canal Hydraulic Study to #2-410 Great Neck Road-
Phase II to cover the city's share of additional site acquisition costs.
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on the 16 day of September 1985.
KAR/13 ORD28
- 34 -
Item II-L.5
CONSENT AGENDA ITEM # 24212
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, CitY
Council ADOPTED an Ordinance to transfer $47,000 from reserve for
contingencies to fund a consultant study of the AICUZ area suitable land
uses and economic development activities.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M.
Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba
S. McClanan, and J. Henry McCoy, Jr., D.D.S-
Council Members Voting Nay:
None
Council Members Absent:
Mayor Harold Heischober, Louis R. Jones, and Meyera E. oberndorf
September 16, 1985
AN ORDINANCE TO TRANSFER
APPROPRIATIONS FROM RESERVE FOR CONTINGENCIES
TO FUND A CONSULTANT STUDY OF THE
AICUZ AREA SUITABLE LAND USES AND
ECONOMIC DEVELOPMENT ACTIVITIES
WHEREAS, on May 6, 1985 City Council authorized the City Manager
to secure a request for proposal for a consultant study to determine the
suitable land uses and economic development activities of AICUZ areas, and
WHEREAS, consultant proposals have been secured and the cost of
a study has been set at $47,000, and
WHEREAS, in order to proceed with the study, Council must allo-
cate the necessary funding which may be provided by the transfer of
appropriations from Reserve for Contingencies.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that appropriations in the amount of $47,000 be
transferred from Reserve for Contingenices to fund the consultant study of
the AICUZ area.
BE IT FURTHER ORDAINED that the City Manager is hereby
authorized to enter into a contract for the consultant services.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach on the
16 day of September 19 85
KAR/13 ORD4
- 35 -
Item II-L.6
CONSENT AGENDA ITEM # 24213
Upon motion by Councilwoinan Creech, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance to authorize a temporary encroachment into a
portion of the rights-of-way of 78th Street and Ocean Avenue to Charles L.
Blair, his heirs, assigns and succesors in title.
This Encroachment shall be subject to the following conditions:
1. The owner agrees to remove the encroachment when notified by the
City, at no expense to the City.
2. The owner agrees to keep and hold and the City free and harmless
of any liability as a result of this encroachment.
3. The owner agrees to maintain said encroachment so as not to
become unsightly or a hazard.
4. The owner agrees that the walkway will be maintained for public
access and not restricted for private use.
5. This encroachment shall not be in effect until an agreement has
been executed encompassing the above conditions.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M.
Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba
S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf
Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHTS-OF-WAY OF 78TH STREET AND OCEAN
AVENUE TO CHARLES L. BLAIR, HIS HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, Charles L. Blair, his heirs, assigns and successors in
title are authorized to construct and maintain a temporary
encroachment into the rights-of-way of 78th Street and Ocean
Avenue.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining a wooden walkway
across the dune line for protection and preservation of the dune
and that said encroachment shall be constructed and maintained in
accordance with the City of Virginia Beach Public Works
Department's specifications as to size, alignment and location,
and further that such temporary encroachment is more particularly
described as follows:
An area of encroachment into a portion of
the City's rights-of-way known as 78th
Street and Ocean Avenue, on the certain
plat entitled: 'PROPOSED WOODEN WALKWAY
FOR ACCESS TO BEACH AT 78th STREET
VIRGINIA BEACH, VA.," a copy of which is
on file in the Department of Public Works
and to which reference is made for a more
particular description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to Charles L. Blair, his heirs, assigns and
successors in title and that within thirty 30 days after such
notice is given, said encroachment shall be removed from the
City's rights-of-way of 78th Street and Ocean Avenue and that
Charles L. Blair, his heirs, assigns and successors in title
shall bear all costs and expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Charles L. Blair, his heirs, assigns and
successors in title shall indemnify and hold harmless the City of
Virginia Beach, its agents and employees from and against all
claims, damages, losses, and expenses including reasonable
attorney's fees in case it shall be necessary to file or defend
an action arising out of the location or existence of such
encroachment.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that Charles L. Blair executes an
agreement with the City of Virginia Beach encompassing the
afore-mentioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 16 day of Setpember. 1985.
GLF/rab
8/21/8 5
(29C)
APPRo@Vr.0 AS TO CC)NTENT
-2-
IL4
4b
te
tT
\10
4L t
zc
ID
4L
ti
cz
ou
0io
lu
91
CL'
t,4
14,
I"ka
CZ
cl
4,y
- 36 -
Item II-L.7
CONSENT AGENDA ITEM # 24214
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance authorizing Tax Refunds in the amount of
$899.14 upon application of certain persons and upon certification of the
Treasurer for Payment.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M.
Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba
S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf
Setpember 16, 1985
R N 0. C.
8/30/85 ETIC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D ate Penalty lnt. Totai
Y ear of Tax Number tion No. Paid
Jackson M Glisson Jr 85 pp 61016-1 5/15/85 30.00
Jeffreys Enterprises Inc 85 pp 81548-6 8/19/85 65.54
Mary Y Windle 85 pp 174175-9 6/5/85 123.12
Elizabeth F Sisson 81 pp 145498 7/2/85 21.55
Jon G & Teresa A Frizzell 85 pp 56418-5 7/17/85 12.95
Carl W & May E Griffler 85 pp 64721-1 6/5/85 84.78
George L Poff 85 pp 125903-0 6/5/85 163.50
The Runnymede Corp 85 RE(2/2) 79096-7 6/5/85 94.96
Olion E Frost 85 RE(1/2) 31995-0 12/3/84 40.93
Olion E Frost 85 RE(2/2) 31995-0 6/5/85 40.93
Dorothy C Ililler 85 RE(]/2) 16702-5 10/30/84 31.24
Dorothy C Miller 85 RE(2/2) 16702-5 10/30/84 31.24
Mary L Dozier 85 RE(1/2) 25266-4 11/16/84 23.76
Mary L Dozier 85 RE(2/2) 25266-4 6/5/85 23.76
William L Grimstead 85 RE(1/2) 36783-5 11/13/84 55.44
William L Grimstead 85 RE(2/2) 36783-5 6/5/85 55.44
Total 899.14
p
This ordinance shall be effective from date of adoption.
The ab?yp abatement(s) totaling Ci
$899 were approved by
the Council of,tpe City of V@r tieamber, 1985
e@ n
Beach on the " -day of
io
Approved as to form:
Ruth Hodges Smith
City Clerk
- 37 -
Item II-L.8
CONSENT AGENDA ITGEM # 24215
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance authorizing License Refunds in the amount of
$106.39 upon application of certain persons and upon certification of the
Commissioner of the Revenue.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M.
Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba
S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf
September 16, 1985
FORM NO. C.A. e
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME L icense Date Base Penalty Int. Total
Year Paid
Marcus, Rebecca Bailey 1984 Audit Audit 106.39
T/A Emergency Physicians of
Tidewater
417 Princess Anne Road
Virginia Beach, VA 23507
Certified as to Payment:
Robert Vaughan
Commissioner of Revenue
Approved as to form:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling@Q@. q9 were approved by the Council
of the City of Virginia Beach on the -- 16 day of e 19-- 85
Ruth Hodges Smith
City Clerk
- 38 -
Item II-N.1
UNFINISHED BUSINESS ITEM # 24216
E-911 EMERGENCY COMMUNICATIONS SYSTEM
Chief of Police, Charles R. Wall provided City Council with additional
information relative the E-911 EMERGENCY COMMUNICATIONS SYSTEM.
Chief Wall reiterated problems as the City was involved with two sets of
cost a non-recurring cost to install the equipment and the second cost is
a recurring or monthly charge for the use of this particular system through
the telephone companies.
Chief Wall reiterated the following two options:
(1) The City would pay for this cost and then recoup it from the
users at a higher rate than thirty-one (31cts) cents a month for a
two year period, and then return to the thirty-one (31cts) cents a
month.
(2) The City would pay for the system from the General Funds and NOT
charge it back to the individual users. This would entail an
expenditure of $193,000 from the present 1985-86 Fiscal Year; an
expenditure of $563,000 for the 1986-87 Fiscal Year; and, an
expenditure of $75,000 for the 1987-88 Fiscal Year.
911, as it is presently used by the City, does not include the BLACKWATER
AREA, the ENHANCED 911 would give every citizen the Emergency 911
capabilities.
A Letter of Authorization is necessary by October 15, 1985, to proceed with
E-911 installation to enable actual service to coincide with that of the
City of Norfolk. If the Letter of Authorization is not received by this
indicated date, work would be delayed until the first quarter of 1989.
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council will conduct a PUBLIC HEARING on September 30, 1985, regarding the
IMPLEMENTATION of the E-911 SYSTEM.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M.
Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba
S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf
- 39 -
Item II-N.2 a.
UNFINISHED BUSINESS ITEM # 24217
MAYOR'S CODE OF ETHICS COMMITTEE/
LOCAL GOVERNMENT STUDY COMMISSION
ADD-ON
Councilman Baum referenced the Mayor's Code of Ethics Committee and the
Local Government Study Commission and inquired concerning the limitations
of the FREEDOM OF INFORMATION ACT upon them and when they are allowed to
meet in EXECUTIVE SESSION. The City Attorney responded that State Law
provides any Legislative Body, Authority, Bureau, Commission of the
Commonwealth or any political subdivision including city, towns and
counties are subject to the FREEDOM OF INFORMATION ACT and their meetings
must be governed accordingly. They would have a right to go into EXECUTIVE
SESSION for the same reasons as the City Council, but these agencies must
also first conduct a Public Meeting to vote for the exceptions which allow
Executive Sessions.
Councilman Robert Jones reiterated Councilman Baum's concerns.
Item II-N.2 b.
UNFINISHED BUSINESS ITEM # 24218
COUNCILMAN ROBERT JONES COMMENTS
Councilman Robert Jones advised Council he had requested the City Clerk
place in Council's AGENDA packages a Transcript of his comments to the CODE
OF ETHICS COMMITTEE. Councilman Robert Jones distributed to Council a News
Article concerning his comments. Councilman Jones noted same will serve to
compare the accuracy of the news article.
Councilman Jones stated his position on the NEW YORK TIMES vs. SULLIVAN was
completely misunderstood and inaccurately reported.
- 40 -
Item II-0.1
NEW BUSINESS ITEM # 24219
RESORT AREA ADVISORY COMMISSION
Michael Barrett, Director of the Resort Area Advisory Commission, presented
City Council with a brief narritive report to parallel the tabular report
presented in City Council's Agenda. (Said report is hereby made a part of
the record).
Mr. Barrett advised concerning the progress of the following:
Code Enforcement Program
Increased Public Maintenance
Police Presence
Daily Events/Courtesy Patrol
Stub Street Conversions to Parks/Landscaping
Creation of Day Use Beach Facilities
Refine Vision/Public Comment
Host Urban Land Institute's Panel Advisory Service
Resort Area Advisory Commmission Staff
Structure for Implementation
Mr. Barrett presented his report with the assistance of slides.
He noted the Commission had presented a total of 16 presentations to 683
people, generally well received. The slide display is being revised to
include information on the general net revenue reinvestment policy. The
Resort Area Advisory Commission is the subject of a documentary by Cox
Cable which will be presented on Cox Channel 11.
Mr. Barrett advised, as per Councilman Jennings' request, he will report
concerning the recommendations of the Consultants, Michiewicz-Robertson and
the implementation of these recommendations.
Timothy Barrow, Chairman of the Resort Area Advisory Commission, advised
Council within the next forty-five days the Commission will present its
preliminary land use circulation, parking, zoning and Capital Projects
Plans to City Council. The "blueprint" for resort revitalization will be
submitted during consideration of the 1986-1990 Capital Improvement Program
and will include a specific proposal for funding of the Capital Plan. The
Commission will be requesting City Council ADOPT a reinvestment policy
substantially increasing tbe number of dollars committed to Capital
infrastructure improvements which underpin the role of Virginia Beach as a
RESORT CITY.
- 41 -
Item II-0.2
NEW BUSINESS ITEM # 24220
TIDEWATER MAYOR'S BOWLING TOURNAMENT
ADD-ON
Councilman McCoy advised the City of Virginia Beach has won the TIDEWATER
BOWLING TOURNAMENT.
This Tournament will be televised on Channel 11 at 9:30, September 16,
1985.
The Trophy will be presented at the Council Meeting of September 30,
1985.
- 42 -
Item II-P.1
ADJOURNMENT ITEM # 24221
Upon motion by Councilman Jennings, seconded by Councilman Fentress, and BY
ACCLAMATION, City Council ADJOURNED the meeting at 5:27 P.M.
(3 0. @@
Beverl3r 0. Hooks
Chief Deputy City Clerk
@h Hodges-Smith, CMC Vice Mayor Reba S. McClanan
City Clerk
City of Virginia Beach,
Virginia
/bh
September 16, 1985