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DECEMBER 17, 1984 MINUTES @f @ijrgci@i@ "WORLD'S LARGEST RESORT CITY" C17Y COUNCIL MAYOR HAROLD HUSCHOBFR. At VICE MA YOR RERA S M@CLANAN P-.. A- @h JOHN A. BAUM. BI."W- B-gh NANCY A. CREECH. At L-W ROBERT E. FE@ V@ B-A B-gh BARBARA M @EY, P..P. @h H JACK @INGS. JR., L@"..- @A LOUIS R. JONES. iky@ @h ROBERT G. JONES. Al L-g, J, HENRY M@COY, JR.. K-P.@ @gh MEYERA E. OBER@RF A, @, 281 crry ff@ BEI@ING RU'rH HODGES SMRM. CMC. Cty Cl-k CITY COUNCIL AGENDA MUNICIPAL CENM VIRGrNIA BEACH, VIRGWIA ZW6.wn 18041427.4M3 December 17, 1984 Virginia Beach City Council ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 12:30 PM A. CALL TO ORDER - Mayor Harold Heischober B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM 11. JOINT SESSION OF VIRGINIA BEACH CITY COUNCIL and THE PLANNING COMMISSION - Council Chanbers - 2 PM A. INVOCATION: Reverend Melvin J. Hughes Princess Anne Plaza Baptist Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ROLL CALL OF CITY COUNCIL and THE PLANNING COMMISSION D. JOINT PUBLIC HEARING: RECLASSIFICATION OF PARCEL ZONING (Princess Anne/Pungo Boroughs) E. RECESS OF CITY COUNCIL F. CALL TO ORDER OF VIRGINIA BFACH PLANNING COMMISSION 1. Deliberation of Parcels in Princess Anne/Pungo Boroughs 2. Recommendation of the Planning Commission to City Council G. ADJOURMMWT OF THE PLANKING COMMISSION ITEM 111. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers A. CITY MANAGER'S ADMINISTRATIVE ITEMS 1. Review of Consent Agenda B. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS C. MINUTES 1. Motion to approve the Minutes of December 3, 1984. (These Minutes were deferred until December 17, 1984.) 2. Motion to approve the Minutes of December 10, 1984. D. PUBLIC HEARING 1. Proposed Budgetary Increases FY 1984-1985 E. PLANNING 1. Resolution transmitting the recommendation of the Virginia Beach Planning Commission for the adoption of the revised COMPREHENSIVE PLAN dated October 23, 1984. 2. Resolution concerning the Comprehensive Zoning Ordinance. 3. Ordinance closing, discontinuing and vacating a portion of Ego Drive located east of Matt Lane in the petition of William R. and Helen B. Holz (Lynnhaven Borough). (This street closure was deferred on August 13, 1984.) a. Letter from the City Manager transmits the recommendation of the Planning Commission, and the Viewers concur, for approval. 4. Ordinance closing, discontinuing and vacating a portion of Cape Henry Drive (formerly Holly Avenue) in the petition of Runnington Holding Corporation (Lynnhaven Borough). a. Letter from the City Kanager transmits the recommendation for FINAL approval. 5. Application of Frank Phillips Jr., 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 elven-acre tract into two lots. The site is located on the east side of Charity Neck Road, .34 miles south of Gum Bridge Road (Pungo Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 6 Application of Hado Development Corporation for a variance to Section 4.4(d) of the Subdivision Ordinance which requires all lots to have direct access to a street. The applicant wishes to subdivide a 6.589-acre parcel into two lots. The site is located on the north side of Virginia Beach Boulevard, 403.5 feet east of Gary Avenue (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 7. Application of Expressway Inn, Inc., for a conditional use permit for a 94-room motel on a 1.16-acre parcel located on the south aide of Greenwich Road, east of Newtown Road (Bayside Borough). a. Letter from the City manager transmits the recommendation of the Planning Commission for approval. 8. Application of Haygood United Methodist Church for a conditional use permit for an addition to a church on a 5.869-acre parcel located at the southwest corner of Raygood Road and Ferry Plantation Road (Bayside Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 9. Applications of Exxon Corporation: For a conditional use permit for an automobile service station on a 26,250-square foot parcel located on the north side of Shore Drive, east of Northampton Boulevard (Bayside Borough). For a conditional use permit an automobile service station on a 29,780-square foot parcel located at 5820 Northampton Boulevard (Bayside Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 10. Application of GSC Diamond Building Associates for a conditional use permit for a tower to sup'2ort a studio transmitter link antenna for WZ /WMYK radio stations on a 1.87-acre parcel located at 168 Business Park Drive (Bayside Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 11. Application of Nick C. and George N. Karavolos for a change of zoning from R-5 Residential District to R-8 Residential District on a 21,780-square foot parcel located on the south side of Lookout Road, across from Mortons Road (Bayside Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 12. Application of M.T.M. Associates for a change of zoning from R-5 Residential District to B-2 Community-Business District on a 41,250-square foot parcel located on the north side of Newtown Road, west of Broad Meadows Boulevard (Bayside Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 13. Application of The Brethren Hose Missions Council, Inc., for a change of zoning from R-5 Residential District to B-2 Community-Business District on a 1.357-acre parcel located on the west side of First Colonial Road, south of Wolfsnare Road (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 14. Application of T. James Hammond for a change of zoning from B-2 Community-Business District to 1-1 Light Industrial District on a 14,000-square foot parcel located on Butternut Lane, south of Bonney Road (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 15. Application of Fruehauf Corporation for a change of zoning from I-2 Heavy Industrial District to A-2 Apartment District on a 14.14-acre parcel located on the east side of Newtown Road, south of Baker Road (Bayside Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 16. Applications of Runnington Holding Corporation: For a change of zoning from B-2 Community-B!!siness District to B-4 Resort Commercial District on a 2.46-acre parcel located on the north side of Laskin Road, west of Holly Road (Virginia Beach Borough). For a change of zoning from A-1 Apartment District to A-4 Apartment District on a 42,253-square foot parcel located on the south side of Pinewood Drive, west of Holly Road (Virginia Beach Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission to allow withdraval. 17. Application of Herbert L. Kraaer for a change of zoning from R-1 Residential District to R-2 Residential District on a nine-acre parcel located at the northeast corner of Wakefield Drive and Dunstan Lane (Bayside Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 18. Application of Terry/Peterson Development Corporation for a change of zoning from B-2 Community-Business District to A-3 Apartment District on a 13.33-acre parcel located on the north side of Shore Drive, west of Northampton Boulevard (Bayside Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 19. Application of Samuel W. Scott Jr., and Dr. R.J- Wyles for A change of zoning from B-5 Resort Commercial District to H-2 Hotel District on a 1.108-acre parcel located at the southwest corner of Atlantic Avenue and 4th Street (Virginia Beach Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 20. Ordinances to amend and reordain the Comprehensive Zoning Ordinance: Article 1, Section Ill of the Comprehensive Zoning Ordinance pertaining to child care centers. Letter from the City Manager transmits the recommendation of the Planning Commission for deferral. Article 1, Section 111 of the Comprehensive Zoning Ordinance pertaining to definition of yard. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. Article 2, Section 201 of the Comprehensive Zoning Ordinance pertaining to yards. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. F. RESOLUTIONS/ORDINANCES 1. General a. Resolution approving the projects listed in the proposed Capital laprovement Program for the Fiscal Years 1984- 1985 through 1988-1989. b. Resolution for a change in permit to allow Eastern Virginia Aubulance Service to operate Advanced Life Support. (This matter was deferred from November 19, 1984.) c. Ordinance authorizing and directing the City Manager to execute an agreement with Donald T. Williams, Consultant. 2. Industrial Development Revenue Bonds a. Commodore Associates Project ($2,000,000) b. Expressway lun Associates ($3,080,000) c. Murphy Associates Project ($1,862,000) d. Off-Price Mall Associates 1 ($4,300,000) e. Off-Price Mall Associates II ($5,000,000) f. Morfolk-Virginia Beach-Portsmouth MSA Limited Partnership ($1,000,000) g. Smith & Williams Funeral Home, Inc., ($400,000) h. Terry/Peter8on Associates IV Facility ($1,500,000) i. Robbins Corner Associates Project ($3,000,000) j. Celebration Station Outlet Mall ($4,800,000) 3. Special Revenue Bonds a. Resolution approving the issuance of Special Revenue Bonds from the Suffolk Redevelopment and Housing Authority in the amount of $10,000,000 to 195 Associates Project. b. Resolution approving the issuance of Special Revenue Bonds from the Suffolk Redevelopment and Housing Authority in the amount of $8,000,000 to CA Associates (Colonial Arms Apartments). c. Resolution approving the issuance of Special Revenue Bonds from the Suffolk Redevelopment and Housing Authority in the amount of $10,000,000 to Terry/Peterson Associates II Project (Chimney Hill Apartments). d. Resolution approving the issuance of Special Revenue Bonds from the Suffolk Redevelopment and Housing Authority in the amount of $5,000,000 to Terry/Peterson Associates I Project (Pembroke Crossing Apartments). G. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Resolution to Ivan D. Mapp. 2. Ordinance to amend and reordain Section 2-226 of the Code of the City of Virginia Beach, Virginia, pertaining to City Depositaries generally. 3. Ordinance to amend and reordain Section 31-61 of the Code of the City of Virginia Beach relating to refuse disposal fees, effective February 1, 1985; AND, an Ordinance to amend and reordain Section 31-61 of the Code of the City of Virginia Beach relating to refuse disposal fees, effective July 1, 1985. 4. Ordinance, on SECOND READING, to appropriate funds of $36,450 for site acquisitions at Landstown Road and Rolland Road (R.G. Moore). 5. Ordinance, on SECOND READING, to revise the Section VIII existing bousing program budget for FY 85 ($3,138). 6. Ordinance, on FIRST READING, to appropriate $85,000 to charge-off a loan due from the Virginia Beach Maritime Historical Museum, Inc. 7. Ordinance, on FIRST READING, to appropriate $5,500,000 for various engineering and highway projects (Revenue Sharing Allocation). 8 . Ordinance, on FIRST READING, to appropriate funds totalling $1,862,805 to implement the immediate action program as proposed by the Virginia Beach Resort Area Advisory Co=ission- 9. Ordinance to transfer funds between projects included in the 1980 Water and Sever Bond Referendum. 10. Ordinance to transfer funds of $20,615 within the Department of Social Services for data processing equipment. 11. Ordinance authorizing certain changes in compensation for certain City Council Appointees. (This Ordinance was deferred on December 10, 1984.) 12. Bingo/Raffle Permits: District Eight Little League Friends of Roller Skaters Roma Lodge #254 Aragona Community Recreation Center Hebrew Academy of Tidewater Gymstrada Team Parents Association Chesapeake Bay Skating Club Old Dominion Aquatic Club Star of the Sea School Hampton Road Youth Hockey Virginia Beach Skating Club Church of Ascension Aragona/Pembroke Little League Plaza Little League Filipino Women's Club of Tidewater Virginia Saint Katthews Catholic Church Men's Club of Saint Gregory Catholic Church Raffle Permits: Virginia Beach Moose Lodge #1998 Frank W. Cox Band Parents Association Great Neck Wrestling Club, Inc. Malibu Elementary School PTA Bingo Permits: Saint Nicholas Greek Orthodox Church 13. Request of the City Treasurer for tax refunds in the amount of $1,661.53. H. APPOINTHENTS 1. Community Services Board 2. Volunteer Council I. UNFINISHED BUSINESS J. NEW BUSINESS 1. Proposed revision of Article 12. Floodplain Regulations of the Couprehensive Zoning Ordinance 2. Request of Shorewood Associates for reduction in drainage easement requirement for change of zoning 3. Proposals submitted by Councilwoman Barbara M. Henley regarding policy in utilizing Co=uuity Development funding K. ADJOURNMENT 1. Motion to adjourn. December 24, 1984 HOLIDAY City Council Meeting of December 31, 1984 FIFTH MONDAY M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 17, 1984 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Harold Heischober in the Conference Room, City Hall Building, on Monday, December 17, 1984, at 12:30 in the afternoon. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Absent: Robert G. Jones, and J. Henry McCoy, Jr., D.D.S. Councilman Robert Jones entered the EXECUTIVE SESSION at 12:48 p.m. Councilman J. Henry McCoy, Jr., D.D.S. entered the EXECUTIVE SESSION at 12:40 p.m. December 17, 1984 - 2 - ITEM # 22936 Mayor Heischober entertained a motion to permit Council to conduct its EXECU- TIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes, to be followed by the REGULAR MEETING. 1. PERSONNEL MATTERS: Discussion or consideration of employment assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an institution which co,ld affect the value of property owned or desirable for owner- ship by such instit,,tion. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. UPon motion by Councilwoman Creech, seconded by Councilman Louis Jones, City Council voted to proceed into the EXECUTIVE SESSION to be followed by the REGULAR SESSION. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones, and J. Henry McCoy, Jr., D.D.S. December 17, 1984 - 3 - J 0 I N T S E S S I 0 N VIRGINIA BEACH CITY COUNCIL AND THE PLANNING COMMISSION December 17, 1984 2:00 p.m. Mayor Harold Heischober called the JOINT SESSION OF VIRGINIA BEACH CITY COUNCIL AND THE PLANNING COMMISSION to order in the Council Chambers, City Hall Building, on Monday, December 17, 1984, at Two O'Clock in the afternoon. Gouncil Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Menibers Absent: None Planning Commission Members Present: Thomas M. Ammons, Steve S. Atkinson, Chairman Albert W. Balko, Kenneth D. Barefoot, Judith Dockery, Harold D. Graham, Charles R. Krummell, Richard LaClaire, Nancy K. Parker, F. Donald Reid, and James E. Snyder Planning Commission Members Absent; None INVOCATION: Reverend Melvin J. Hughes Pastor Princess Anne Plaza Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. December 17, 1984 4 Item 11-D. PUBLIC HEARING ITEM 22937 Mayor Heischober declared a JOINT PUBLIC HEARING concerning the RECLASSI- FICATION OF PARCEL ZONING (PRINCESS ANNE/PUNGO BOROUGHS) (196 parcels). Fifteen (15) letters received concerning the proposed RECLASSIFICATION were referenced by the City Clerk and are hereby made a part of the record. The following spoke concerning the RECLASSIFICATION: Michael Savvides - Chairman of the Virginia Beach Council of the Hampton Roads Chamber of Commerce. (A copy of said statement is hereby made a part of the record). Mary Virginia Mathews - Property owner adjacent to Nimmo Church Ronald Morrison - Concerned taxpayer Robert B. Cromwell, Jr., Attorney - Represented Owners of Courthouse Estates. Jack Siebert - Realtor, represented parcel of land on Sandbridge Road (Curtis Acres). Walt Vargo - Council of Civic Organizations Wallace S. Smith - Attorney, represented Kenneth Watts' property on Princess Anne Road Paul Lipkin - Attorney, represented M. R. Adams and M. R. Adams, Jr. Estates Maxine Graham - Realtor, resident of Sandbridge Glenn Croshaw - Attorney, represented Lone Star, Inc. and Sandbridge Development Company Joe E. Borroughs Farmer Sheridan Barber President - Red Mill Farm Civic League Association Helen W. Love - Concerned citizen Robert R. MacMillan - Attorney, represented Urban Associates and Fox Fire Rae LeSesne - Council of Civic Organizations Lyn Good - represented 6 different property owners in Pungo (approximately 76 acres) Colonel Ed Lynk - Property Owner Howard R. Sykes - Attorney, represented property owners of Parcel No. 96 and 98 There being no further speakers, Mayor Heischober closed the JOINT PUBLIC HEARING. December 17, 1984 5 Item II-E. RECESS OF CITY COUNCIL ITEM 22938 Upon motion by Councilman Jennings, seconded by Councilman McCoy, City Council RECESSED to allow DELIBERATION by THE PLANNING COMMISSION of the RECLASSIFICATION OF PARCELS in the Princess Anne/Pungo Boroughs and to determine The Commission's RECOMMENDATION to CITY COUNCIL. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 17, 1984 - 6 ltem II-F. ITEM Chairman Albert Balko called THE VIRGINIA BEACH PLANNING COMMISSION to order in the Council Chambers, City Hall Building, on Monday, December 17, 1984, at 4:08 in the afternoon. Planning Commission Members Present: Thomas M. Ammons, Steve S. Atkinson, Chairman Albert W. Balko, Kenneth D. Barefoot, Judith Dockery, Harold D. Graham, Charles R. Krummell, Richard LaClaire, Nancy K. Parker, F. Donald Reid, and James E. Snyder Planning Commission Members Absent: None December 17, 1984 7 Item II-F.A RECESS INTO EXECUTIVE SESSION ITEM Upon motion by Commissioner Dockery, seconded by Commissioner Graham, The Planning Commission voted to RECESS into EXECUTIVE SESSION in accordance with Section 2.1-344, Code of Virginia, for LEGAL matters to consult with Commission's Attorney, after which to RECONVENE (4:10 p.m.) Voting; 11-0 Planning Commission Members Voting Aye: Thomas M. Ammons, Steve S. Atkinson, Chariman Albert W. Balko, Kenneth D. Barefoot, Judith Dockery, Harold D. Graham, Charles R. Krummell, Richard LaClaire, Nancy K. Parker, F. Donald Reid, and James E. Snyder Planning Commission Members Voting Nay; None Planning Commission Members Absent: None December 17, 1984 8 Item III REGULAR SESSION CITY COUNCIL ITEM # 22939 Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council voted to proceed with the REGULAR SESSION of City Council while The Planning Commission is in EXECUTIVE SESSION. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., and Vice Mayor Reba S. McClanan December 17, 1984 - 9 - CITY MANAGER'S ADMINISTRATIVE AGENDA Item III-A.1 CONSENT AGENDA 1980 WATER AND SEWER BOND REFERENDUM ITEM # 22940 The City Manager referenced an Ordinance to transfer funds between projects included in the 1980 WATER AND SEWER BOND REFERENDUM (See Item II-J-9 of the Consent Agenda). A list was distributed to clarify the status of several projects shown on EXHIBIT A of the City Council Agenda (said list is hereby made a part of the record). Item III-A.2 VIRGINIA BEACH MARITIME HISTORICAL MTJSEUM ITEM # 22941 Councilwoman Creech and Councilwoman Henley referenced an Ordinance, on FIRST READING, to appropriate $85,000 to charge-off a loan due from the VIRGINIA BEACH MARITIME HISTORICAL MUSEUM, INC. (See Item 11-G.6 of the Consent Agenda). The City Attorney advised the City can not make loans. An UPDATED REPORT on the VIRGINIA BEACH MARITIME HISTORICAL MUSEUM was requested. Council suggested that a policy should be initiated incorporating various guidelines concerning appropriations to these various groups and possibly funding through the Arts and Humanities Commission. Item III-A.3 VIRGINIA BEACH RESORT AREA ADVISORY COMMISSION ITEM # 22942 Councilwoman Creech and Councilwoman Henley referenced an Ordinance, on FIRST READING, to appropriate funds totalling $1,862,805 to implement the immediate action program as proposed by the VIRGINIA BEACH RESORT AREA ADVISORY COMMISSION (See Item II-G.8 of the Consent Agenda). This item will be pulled for dis- cussion with Timothy Barrow, Chairman of the VIRGLNIA BEACH RESORT AREA ADVISORY COMMISSION. Item III-A.4 CITY COUNCIL APPOINTEES 1TEM # 22943 Council referenced an Ordinance authorizing certain changes in compensation for certain CITY COUNCIL APPOINTEES (See Item II-G.11 of the Consent Agenda). Councilwoman Oberndorf suggested that said rate increases to Council Appointees be granted by the Mayor and Vice Mayor as opposed to having the entire Council vote upon an ordinance. Councilwoman Henley requested that the entire Council should be involved in the evaluations of the APPOINTEES. The City Manager advised appropriation and a transfer of funds must be by Council action. December 17, 1984 - 10 - Item III-C.I. MINUTES ITEM # 22944 Upon motion by Councilman McCoy, seconded by Councilwoman Creech, CitY Council APPROVED the Minutes of December 3, 1984, as CORRECTED. Th@ FRONT PAGE of the Minutes of December 3, 1984, listing those present for the CALL TO ORDER, inadvertently listed Councilwoman Oberndorf as ABSENT. This page has been corrected to reflect Councilwoman Oberndorf in attendance. Voting; 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress* Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 17, 1984 Verbal Aye Item III-C.2. MINUTES ITEM 22945 Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council APPROVED the Minutes of December 10, 1984. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None Council Members Abstaining; Robert E. Fentress December 17, 1984 - 12 - Item III-D.1 PUBLIC HEARING ITEM # 22946 Mayor Heischober DECLARED a PUBLIC HEARING on the following: PROPOSED BUDGETARY INCREASES FY 1984-1985 There being no speakers, Mayor Heischober closed the PUBLIC HEARING. December 17, 1984 1 2, PUBLIC NOTICE OF PUBLIC REARING CITY OF VIRGINLA BEACH PROPOSED BUDGETARY INCREASES FOR THE L984-1985 FISCAL YEAR Pursuant to Chapter 2, section 2-187.1 of the City Cod* a public hearing viii be hold bY th* City Council in Council Ch@ers in the CitY Hall Building on Monday, December 17, 1984 at 2:00 p.m.. to discuss proposed increases in the operating Budget for fiscal year 19B4-1985 as follows. PROPOSE LNCREA.';FS General Fund: R ... t Ad,, , ..'ory Commission Staff$195,967 Permits and inspections 12,500 General qervices 233,048 Parks and Recreation 221,290 Transfers to Buildings Capital Projects Fund 1.2nO,OOO Total $1,862,805 Resort Ares $1,200,000 Project ESTIMATED REVENUE Ge.er,ll Fund: Fund Balance $1,862,805 auildinx Capital P Transfer from the General Fund $1.200,000 Individuals desiring to provide oral co-ent ohould register before the hearing begins with the City Clerk's office on the second floor of the City Hall Building or by calling 427-4303. @Hodges Sm lerk PUBLIC NOTICE-PUBLIC REARING-CITY OF VIRGINIA REACH PROPOSED BUDGETARY INCREASES-1984-1985 FISCAL YEAR Pursuant to Chapter 2, Section 2-187.1 of the CitY Code a public hearing will be held by the City Coun- cil in Council Ch-bers ia the City Hall Building on Monday, necomber 17, 1984 at 2:00 p.m.. tO discuss proposed increases in the operatina Budget for fis- ,&I-year 1984-1985 as fOllOws: PROPOSED LNCREASES General Fund: Resort AdViSory mision Staff, $195,967; Permits and Inspections, $12,500; General services, $233,048; Parke and RecreatiOn. $221,290; and Transfers to 15uildings Capital Projects Fund, $1,200,000. Building CaPital Projects Fund: Resort STIMATED Area Demonstration Project, $1 1 200'000 REVENUE General fund: Fund Ralance, $i,11'62@,105 u Iding Capital Proi*ct "und: Transfer from the General gund. $1,200,000. Indi-,iduaLs desiring to provide oral co-ont should register before the hearing hegine with the City Clerk's Office on the floor of the City H&LI Building or by calling - 13 - Item III-E.1 PLANNING ITEM # 22947 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council DEFERRED the Resolution transmitting the recommendation of the Virginia Beach Planning Commission for the adoption of the REVISED COMPREHENSIVE PLAN dated October 23, 1984, as well as the AMENDED RESOLUTION submitted by Councilman Louis R. Jones until recommendation of the VIRGINIA BEACH PLANNING COMMISSION had been presented. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None After the RECOMMENDATION of the VIRGINIA BEACH PLANNING COMMISSION was received, and upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council DEFERRED consideration of the Reclassification of 196 parcels in the PUNGO/PRINCESS ANNE BOROUGHS until the January 7, 1984, City Council Meeting and DEFERRED the Resolution presented for the adoption of the REVISED COMPRE- HENSIVE PLAN, as well as the AMENDED RESOLUTION submitted by Councilman Louis R. Jones, until the City Council Meeting of January 7, 1984. December 17, 1984 - 14 - Item III-E.1 PLANNING ITEM # 22947 (Continued) Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 17, 1984 - 14a - Requested by Councilman Louis R. Jones RESOLUTION WHEREAS, the Planning Commission has made careful and comprehensive surveys and studies of existing conditions and trends of growth; and WHEREAS, the City Council has reviewed the Comprehen- sive Plan dated October 23, 1984 (the "Plan"), as recommended by the Planning Commission; and WHEREAS, the Plan recognizes that facilities in the area of the City south of the "Green Line" (as defined in the Plan) are not adequate to support urban development; and WHEREAS, it is the express legislative intent of the City Council that the Plan shall be construed as recommending no increase in residential density on property south of the Green Line for the next five years; and WHEREAS, City Council has determined that the Plan as construed herein is in conformity with the present and probable future needs and resources of the City of Virginia Beach and will best promote the health, safety, morals, order, convenience, property, and general welfare of the City and its inhabitants. THEREFORE, BE IT RESOLVED that the Council of the City of Virginia Beach, Virginia, hereby adopts the Comprehensive Plan dated October 23, 1984, as recommended by the Planning Commission, with the express legislative intent that the Plan shall be construed as recommending no increase in residential density on property south of the Green Line for the next five years. The legislative intent expressed herein shall be included within the text of the Comprehensive Plan. Adopted by the City Council of the City of Virginia Beach, Virginia, on , 1984. December 17, 1984 CMS/cb 12/17/84 - 15 - Item III-E.2 PLANNING ITEM # 22948 Upon motion by Councilman Robert Jones, seconded by Councilwoman Creech, City Council ADOPTED a Resolution referring a letter from Attorney Grover C. Wright containing a list of recommendations concerning the Comprehensive Zoning Ordinance to THE PLANNING COMMLSSION for their review and recommendations. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 17, 1984 15a Requested by: Councilman Robert G. Jones R E S 0 L U T I 0 N WHEREAS, on November 21, 1984, Grover C. Wright, Jr., Esquire, gratuitously submitted a list of recommendations concerning the Comprehensive Zoning Ordinance; and WHEREAS, the Council of the City of Virginia Beach has reviewed this matter and is of the opinion that the Planning Commission should review these items and give the Council their recommendations. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA; THAT the letter from Grover C. Wright, Jr., Esquire dated November 21, 1984 is hereby incorporated by reference and this matter is referred to the Planning Commission for its review and recolumendation. APPROVED: December 17, 1984 JDB: er 12-12-84 15 b Iv 14 1 (i 11 11'. .1 I?. AT I.A%%*. VIRGZ%'IA November 21, 1984 The Honorable Harold Heischober Mayor, City of Virginia Beach Municipal Center Virginia Beach, VA 23456 Dear Mayor Heischober: This is another in a series of qratuitous unsolicited letters giving you my ideas on what should be done with the comprehensive zoning ordinance. As you know, I have for years urged the establish- ment of an urban growth line and have urged more recently that it be established in a logical and defensible position that can be maintained for the foreseeable future and which will on the one hand prevent leap frog and expensive urban sprawl and preserve forestal and aqricultural land and yet on the other hand be set at a point which will provide adequate land for future growth where services, roads, schools, police and fire protection alnd sewer and water are available or will be available in the reasonable foreseeable future. Second, I have urged as an incident to the comprehensive plan revisions and the revisions on a comprehensive basis to the CZO that properties south of the green line be down-zoned not selectively but as a part of the plan to correct obvious alistakes which had been made in the past and to comport with changes of circumstances. Third, I have suggested changes in the text of the CZO since unless we reduce densities in the northern section of the city there will be a great disparity in land values between northern and southern properties and that will create a supermarket in the northern portion of the city and land prices will go sky high and there will be a pressure for increased density and rezonings. To summarize the text changes that I recommend, first, I recommend that multi-family k>e taken out of the B-4 and B-5 districts. Second, I recommend that the A-3 and A-4 districts be eliminated. I recommend that A-1 I>e retained primarily for townhouse and duplex development and that A-2 be retained for multi-family development. I recommend that R-9 be eliminated since it is not used and has not been used. Next, I recommend that R-8 be used only for existing developed neighborhoods, just as R-7 is used, and that it not be intended as a category to which properties can k>e December 17, 1984 15c - The uonorable Harold Heischober November 21, 1984 Page 2 rezoned in the future. Duplex and garage apartment uses are an anathema to any neighborhood in my opinion. You only need to look at the north end of Virginia Beach and some parts of Old Virginia Beach Borough and Shadowlawn and the Chesapeake Beach area for evidence of what I am saying. Garage apartments get built on properties and there is no way in the world that you could get a car to those structures without a helicopter and then those garage apartinents suddenly become duplexes with interior midnight to dawn renovations so that the result is that there are 3 units on one 50c lot. DUplexes are no better. 1 recommend that the R-1 through R-6 categories be retained and that no new residential category be established. ThiS would mean that the highest allowable density in any residential district would be 3.5 units per acre in the R-6 district. Obviously# properties that are presently zoned R-8 could be developed, but no new R-8 categories would be established. I also recomnend that garage apartments and duplexes be eliminated as conditional uses in the R-7 diptrict and that garage apartments be eliminated as a permitted use in the R-8 district. Consideration might also be given to eliminating multi-family dwellings as a permitted use in the B-3 central business district category. I also think that apartnents should be eliminated as conditional uses in the 0-1 and B-1 districts. You might consider, and I do not necessarily reco=nend it, but I think it ought to be looked at, as to whether or not T-tels should be allowed in B-3 and in the industrial districts. if the text is changed, then there will be less convulsions, croakings and alarms when people oome in for rezonings in the northern part of the city since the densities will be -re moderate, and if the use ir- appropriate in a particular area, you will be assured that the densities are compatible with services. Respe@f ul),Y I Gcwjr:jas cc; All Council 14embers mr. Robert J. Scott, Planning Director mr. Albert Balko, Chairman of Planning Oo-ission All Planning Commission Members December 17, 1984 - 16 - Item III-E.3 PLANNING ITEM # 22949 Upon motion by Councilman Jennings, seconded by Councilman McCoy, City Council DEFERRED an Ordinance closing, discontinuing and vacating a portion of EGO DRIVE upon application of WILLIAM R. AND HELEN R. HOLZ until representatives of the applicants are present to accept or reject conditions of the Street Closure. Application of William R. and Helen H. Holz for the discontinuance, closure and abandonment of a portion of Ego Drive beginning at the Eastern boundary of Matt Lane and running in an easterly direction a dis- tance of 134.6 feet. Said parcel is 50 feet in width and contains 3,358.30 square feet. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 17, 1984 Item III-E.4 PLANNING ITEM 22950 Attorney'Kalezis D. Kalezis represented the applicant Upc,n motion by Councilman Jennings, seconded by Councilman Fentress, CitY Council ADOPTED an ordinance upon application of RUNNINGTON HOLDING CORPORATION for closing, discontinuing and vacating a portion of CAPE HENRY DRIVE (formerly Holly Avenue) as per the following: FINAL APPROVAL Application of Runnington Holding Corp., for the dis- continuance, closure and abandonment of a portion of Cape Henry Drive (formerly Holly Avenue beginning at the western boundary of Jade Street and running in a westerly direction a distance of 165.57 feet. Said parcel is 25 feet in width and contains 4,139.25 square feet. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 17, 1984 17a - ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUTNG A PORTION 0 THAT CERTAIN STREET SHOWN AS HOLLY AVENUE (NOW KNOWN AS CAPE HENRY DRIVE), AS SHOWN ON THAT CERTATN PLAT ENTITLED, "STREET CLOSURE PLAT SHOWING 25' STRIP ADJACENT TO AND SOUTH OF LOT 16 BLOCK 7 AND BEING SHOWN AS HOLLY AVENUE ON THE PLAT OF LYNNHAVEN ,SHORES M.B. 7, P. 167, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA, SCALE 1', = 20', 22 MAY, 1984, GALLUP SURVEYORS & ENGINEERS, LTD.,,, WHICH IS ATTACHED HERETO. WHEREAS, it appearing by Affidavit that proper notice has been given by Runnington Holding Corporation, a Virginia Corporation, that it would make application to the Council of th City of Virginia Beach, Virginia, on 1 1984, to i have the hereinafter described street discontinued, closed and vacated; and WHEREAS, it i., the the judgment of the Council that gaid street be discontinued, closed and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach Virginia, that the her6inafter described street be discontinued, closed and vacated: All of that certain parcel of land located immediately north of the old Norfolk and Southern Railroad right of way and immedi- ately west of 1OTh street (now Jade Street) and immediately south of Lot 16, in Block 7, being shown as Holly Avenue (now known as Cape Henry Drive) on the Plat of Lynnhaven Shores, which Plat is recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 7, at page 167, and being more particularly bounded and described as follows: Beginning at the southeast corner of the said Lot 16, in Block 7, as shown on the aforesaid Plat of Lynnhaven Shores and from said point of KALEZIS D. KALEZIS beginning thence running South 10* 19' 00" ArrORNEY AT LAW East for a distance of 25.00 feet to a point @Ill.d@-Ci,l. located in the north right of way line of the above described old Norfolk and Southern Railroad right of way; thence running south 791 411 001, West, along the above described north right of way line of the aforesaid old Norfolk and Southern Railroad right of way for a distance of 165.57 feet to a point December 17, 1984 17b - located in the above described north right of way line of the aforesaid old Norfolk and Southern Railroad right of way; thence run- ning North 10, 191 001, West for a distance of 25.00 feet to a point which is the southwest corner of said Lot 16, Block 7, as shown on the aforesaid Plat of Lynnhaven Shores; thence running North 791 411 0011 East, along the south boundary line of said Lot 16, in Block 7, as shown on the aforesaid Plat of Lynnhaven Shores, for a distance of 165.57 feet to a point, the point of beginning. Said parcel of land being a portion of Holly Avenue (now known as Cape Henry Drive) on that certain plat entitled, "Streel Closure Plat Showing 25, Strip Adjacent to and South of Lot 16, Block 7 and Being Shown as Holly Avenue In the Plat of Lynnhaven Shores M.B. 7, P. 167, Lynnhaven Borough, Virginia Beach, Va., Scale 111 - 201 , 22 May, 1984, Gallup Surveyors & Engineers, Ltd.11, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book at page and which is made a part hereof by reference. SECTION IT A certified copy of this Ordinance shall be filed in the Office of the Circuit Court of the City of Virginia Beach described above. FINAL APPROVAL -- December 17, 1984 KALEZIS D. KALEZIS ATTORNEY AT 1,AW Vi,,i,i. B-h. December 17, 1984 Sq'ATB OF VIRGINIA CI'I'Y OF VIRGINIA BEACH, to-wit: T, a Notary Public in and for tlie City and State aforesaid, do hereby certii Lliat I'IIOMAS Ii. MLIIII]LrNBI,'CK, City Manager, an(i R(ITli HODGES SMITH City Clerk, for the City of Virginia Beach, whose names are siqned to the foreqoing Deed of Vacation and ouitclaim, have acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 1984. N L.:Tr-y-ul- My Commission Expires: CJ/da 8/3 0/8 4 (27-C) NopwTH ORKAT NKCK ROAD VIRGINIA EKACH. VIRGINLA @l 40041 May 25, 1984 The Honornble City Council City of Virginia Beach Municipal Center Virginia Beach, Virginia 23456 CERTTFICATE OF TITLE Dear Members of City Council: I, Kalezis D. Kalezis, attorney for Runninqton Holding Corporation, a Virginia Corporation, do hereby certify that: 1. I am an attorney at law and represent Runnington Holding Corporation, a Virqinia Corporation. 2. Title to the property described below is vested of record in Windsor Investors, Ltd. If the Property described below is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then Windsor Investors, Ltd., the hoilder of the underlying fee in said property, will hold same free and clear of the public right of way over said property. The said property referred to herein is hereby described as follows: All of that certain parcel of land located immediately north of the old Norfolk and Southern Railroad right of way and immedi- ately west of 1OTh street (now Jade Street) and immediately south of Lot 16 in Block 7, being shown as Holly Avenue (now known as Cape Henry Drive) on the Plat of Lynnhaven Shores, which Plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 7 at page 167, and being more particularly bounded and described as follows: Beginning at the southeast corner of said Lot 16, in Block 7, as shown on the aforesaid Plat of Lynnhaven Shores and from said point of beginning thence running South 10' 191 00" East for a distance of 25.00 feet to a point located in the north right of way line of the above described old Norfolk and Southern Railroad right of way; thence running South 79' 411 001, West, along the above described north right of way line of the aforesaid old Norfolk and Southern Railroad right of way for a distance of 165.57 feet to a point located in the above described north right of way line of the aforesaid old Norfolk and Southern Railroad right of way; thence run- ning North 101 191 001, West for a distance of 25.00 feet to a point which is the southwest corner of the said Lot 16, Block 7, as shown on the aforesaid Plat of Lynnhaven Shores; thence running North 791 411 001, East, along the south boundary line of said Lot 16, in Block 7, as shown on the aforesaid Plat of Lynnhaven Shores, for a distance of 165.57 feet to a point, the point of beginning. Very truly yours, K.1-1 i. D. KDK:mdj - 18 - Item III-E.5 PLANNING ITEM # 22951 Attorney Allen Comess represented the applicant Frank Phillips, Jr., the applicant, represented himself A motion was made by Vice Mayor McClanan, seconded by Councilman Jennings to APPROVE the application for a variance to Section 4.4(b) of the Subdivision Ordinance upon application of FRANK PHILLIPS, JR. Upon SUBSTITUTE MOTION by Councilman Robert Jones, seconded by Councilwoman Henley, City Council DENIED the application for a variance to Section 4.4(b) of the Subdivision Ordinance upon application of FRANK PHILLIPS, JR., as per the following: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Frank Phillips, Jr. Said parcel is located at 4136 Charity Neck Road. Plats with more detailed in- formation are available in the Department of Planning. PUNGO BOROUGH. Voting: 7-4 (SUBSTITUTE MOTION CARRIED) Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, and Meyera E. Oberndorf Council Members Voting Nay: Robert E. Fentress, H. Jack Jennings, Jr., Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Absent; None December 17, 1984 - 19 - Item III-E.6 ITEM # 22952 Attorney Grover Wright represented the applicaton Upon motion by Councilman Jennings, seconded by Councilman Fentrss, City Council APPROVED the applicalion for a variance to Section 4.4(d) of the Subdivision Ordinance upon application of HADO DEVELOPMENT CORPORATION. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordi- nance, Subdivision for Hado Development Corporation. Parcel is located on the north side of Old Virginia Beach Boulevard, 150 feet east of Realty Avenue. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 17, 1984 - 20 - Item III-E.7 PLANNING ITEM # 22953 Upon motion by Councilman Louis Jones, seconded by Councilwoman Oberndorf, City Council DEFERRED until the City Council Meeting of January 7, 1985, as representatives of the applicants were not present, an Ordinance upon application of EXPRESSWAY, INC., for a CONDTTIONAL USE PERMIT for a 94-reem-motel 93-room motel (AS MODIFIED). Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None With the arrival of Norman Mason, Langley and McDonald Engineers, who re- presented the applicant, and upon motion by Councilman Louis Jones, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of EXPRESSWAY INN, INC., for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICAT10N OF EXPRESSWAY INN, INC. FOR A CONDITIONAL USE PERMIT FOR A 93-room motel (AS MODIFIED) R01284699 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Expressway lnn, Inc., for a Conditional Use Permit for a 94-raoin-motel 93-room motel (AS MODIFIED) on certain property located on the south side of Greenwich Road, 260 feet east of Newtown Road on Parcel B-2 and a portion of Lot C. Said parcel contains 1.16 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of December, Nineteen Hundred and Eighty-four. December 17, 1984 - 21 - Item III-E.7 PLANNING ITEM # 22953 (Continued) Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. December 17, 1984 - 22 - Item III-E.8 PLANNING ITEM # 22954 Bob Hurd, Chairman of the Board of the Haygood Methodist Church Upon motion by Councilman Louis Jones, seconded by Councilman Jennings, City Council ADOPTED an Ordinance upon application of HAYGOOD UNITED METHODISI CHURCH for a Conditonal Use Permit as per the following: ORDINANCE UPON APPLICATION OF RAYGOOD UNLTED METHODIST CHURCH FOR A CONDITIONAL USE PERMIT FOR AN ADDITION TO A CHURCH R01284700 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Haygood United Methodist Church for a Conditional Use Permit for an addition to a church at the southwest corner of Haygood Road and Ferry Plantation Road. Said parcel is located at 4713 Haygood Road and contains 5.869 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH The following condition shall be required: A variable width dedication along the frontage on Haygood Road together with dedication of temporary construction easements as shown on the Haygood Road Plans on file in the City Engineer's Office. (This dedication is now being negotiated with the State of Virginia) This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of December, Nineteen Hundred and Eighty-four. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay; None Council Members Absent; None - 23 - Item III-E.9 PLANNING ITEM # 22955 Upon motion by Councilman Louis Jones, seconded by Councilman McCoy, City Council ADOPTED Ordinances upon application of EXXON CORPORATION for Conditional Use Permits as per the following: ORDINANCE UPON APPLICATION OF EXXON CORPORATION FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION R01284701 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Exxon Corporation, for a Conditional Use Permit for an automobile service station on certain property located on the north side of Shore Drive, 700 feet more or less east of Northampton Boulevard. Said parcel is located at 4460 Shore Drive and contains 26,250 square feet. Plats with more detailed information are a- vailable in the Department of Planning. BAYSIDE BOROUGH A N D, ORDINANCE UPON APPLICATION OF EXXON CORPORATION FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION R01284702 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Exxon Corporation, for a Conditional Use Permit for an automobile service station on certain property located on the west side of Northampton Boulevard, 139.85 feet north of Burton Station Road. Said parcel is located at 5820 Northampton Boulevard and contains 29,780 square feet. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of December, Nineteen Hundred and Eighty-four. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: - 24 - Item III-E.10 PLANNING ITEM # 22956 William Benns, a member of GSC Diamond Building Associates, represented the applicant Upon motion by Councilman Louis Jones, seconded by Councilwoman Meyera Oberndorf, City Council ADOPTED an Ordinance upon application of GSC DIAMOND BUILDING ASSOCIATES, for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF GSC DIAMOND BUILDING ASSOCIATES FOR A CONDITIONAL USE PERMIT FOR A TOWER R01284703 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of GSC Diamond Building Associates for a Conditional Use Permit for a tower to support studio transmitter link antenna for WZAM/ WMYK radio stations on Parcels 17A and 17B, Expressway Business Park. Said parcel is located at 168 Business Park Drive and contaids 1.87 acres. BAYSIDE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of December, Nineteen Hundred and Eighty-four. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr.! Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Renry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *Verbal Aye December 17, 1984 - 25 - Item III-E.11 PLANNING ITEM # 22957 Attorney Robert Cromwell represented the applicant Upon motion by Councilman Louis Jones, seconded by Councilman Jennings, City Council ADOPTED an Ordinance upon appoication of NICK G. AND GEORGE N. KARAVOLOS for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF NICK G. AND GEORGE N. KARAVOLOS FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 to R-8 Z01284921 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Nick G. and George N. Karavolos, for a Change of Zoning District Classi- fication from R-5 Residential District to R-8 Resi- dential District on Lot 6, Block 2, Chesapeake Shores. Said parcel is located at 4465 Lookout Road and contains 21,780 square feet. BAYSIDE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of December, Nineteen Hundred and Eighty-four. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 17, 1984 - 26 - Item III-E.12 PLANNING ITEM # 22958 Attorney Grover Wright represented the applicant Upon motion by Councilman Louis Jones, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of M.T.M. ASSOCIATES for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF M.T.M. ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 TO B-2 Z01284922 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of M.T.M. Associates, for a Change of Zoning District Classification from R-5 Resi- dential District to B-2 Community Business District on certain property located on the north side of Newtown Road, 500 feet west of Broad Meadows Boulevard. Said parcel contains 41,250 square feet. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH Prior to the changing of the official zoning maps, the following condition will be met: An 18-foot dedication of right-of-way along the frontage on Newtown Road, 33 feet from the centerline of the old 30-foot right-of-way to provide for an ultimate 66-foot right-of-way as per the Master Street and Highway Plan. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of December, Nineteen Hundred and Eighty-four. (This Planning Item had been moved forward on the Agenda, after the application of HADO DEVELOPMENT CORPORATION). Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 17, 1984 - 27 - Item III-E.13 PLANNING ITEM # 22959 Attorney Glenn Croshaw represented the applicant Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council ADOPTED an Ordinannce upon application of THE BRETHREN HOME MISSIONS COUNCIL, INC. for a Change of Zoning per the following; ORDIANCE UPON APPLICATION OF THE BRETHREN HOME MISSIONS COUNCIL, INC., FOR A C @ GE OF ZONING DISTRICT CLASSI- FICATION FROM R-5 to B-2 Z01284923 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of The Brethren Home Missions Council, Inc., for a Change of Zoning District Classi- fication from R-5 Residential District to B-2 Community Business District on the west side of First Colonial Road, 724.70 feet south of Wolfsnare Road. Said parcel is lo- cated at 805 First Colonial Road and contains 1.357 acres. More detailed information is available in the Department of Planning. LYNNHAVEN BORTJGH. Prior to the changing of the official zoning maps, the following conditions will be met: 1. Dedication of right-of-way for the Hilltop Loop System as shown on plans on file with the City Engineer's Office as per the Master Street and Highway Plan. 2. Dedication of right-of-way for a right turn lane along First Colonial Road, the length and width are to be determined by the City Engineer's Office. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of December, Nineteen Hundred and Eighty-four. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henleyt H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 17, 1984 *Verbal Aye - 28 - ltem III-E-14 PLANNING ITEM # 22960 T. James Hammond, the applicant, represented himself Upon motion by Councilman Jennings, seconded by Councilman McCoy, City Council ADOPTED an Ordinance upon application of T. JAMES HAMMOND for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF T. JAMES HAMMOND FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO 1-1 Z01284924 BE IT HEREBY ORDALNED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of T. James Hammond, for a Change of Zoning District Classification from B-2 Commu- nity District to 1-1 Light Industrial District on Lots 18 and 19, Block 1, Jacksondale. Said parcel is located at 117 Butternut Lane and contains 14,000 square feet. LYNNHAVEN BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of December, Nineteen Hundred and Eighty-four. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 17, 1984 - 29 - Item III-E.15 PLANNING ITEM # 22961 Attorney Robert Cromwell represented the applicant. Upon motion by Councilman Louis R. Jones, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of FRUEHAUF CORPPORATION for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF FRUEHAUF CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 1-2 to A-2 Z01284925 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Fruehauf Corporation, for a Change of Zoning District Classification from 1-2 Heavy Industrial District to A-1 Apartment District on certain porperty located on the east side of Newtown Road beginning at a point 900 feet more or less south of Baker Road. Said parcel contains 14.14 acres. Plats with more detailed in- formation are available in the Department of Planning. BAYSIDE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of December, Nineteen Hundred and Eighty-four. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 17, 1984 - 30 - Item III-E.16 PLANNING ITEM # 22962 Upon motoin by Councilman Fentress, seconded by Councilwoman Creech, City Council ALLOWED WITHDRAWAL of Ordinances upon application of RUNNINGTON HOLDING CORPORATION for Changes of Zoning as per the following: ORDINANCE UPON APPLICATION OF RUNNINGTON HOLDING CORPO- RATION FOR A C@GE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO B-4 Ordinance upon application of Runnington Holding Corpo- ration for a Change of Zoning District Classification from B-2 Community Business District to B-4 Resort Commercial District on certain property located on the north side of Laskin Road beginning at a point 1070 feet more or less west of Holly Road and running a distance of 350 feet more or less along the north side of Laskin Road. Said parcel contains 2.46 acres. Plats with more de- tailed information are available in the Department of Planning. A N D, ORDINANCE UPON APPLICATION OF RUNNINGTON HOLDING CORPO- RATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1 TO A-4 Ordinance upon application of Runnington Holding Corpo- ration for a Change of Zoning District Classification from A-1 Apartment District to A-4 Apartment District on certain property located on the south side of Pinewood Drive, 450 feet more or less west of Holly Road on Site 3, Linkhorn Park. Said parcel contains 42,253 square feet. VIRGINIA BEACH BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 17, 1984 - 31 - Item III-E.17 PLANNING ITEM # 22963 Attorney Robert Cromwell represented the applicant Upon motion by Councilman Louis R. Jones, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of HERBERT L. KRAMER for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF HERBERT L. KRAMER FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-1 TO R-2 Z01284926 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Herbert L. Kramer for a Change of Zoning District Classification from R-1 Resi- dential Distric@ to R-2 kesidential District on certain property located at the northeast corner of Wakefield Drive and Dunstan Lane, Thoroughgood Estates. Said parcel contains 9 acres. Plats with more detailed information are available in the Department of Planning. Bayside Borough. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of December, Nineteen Hundred and Eighty-four. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 17, 1984 - 32 - Item III-E.18 PLANNING ITEM # 22964 Attorney Robert Cromwell represented the applicant and presented a revised site plan depicting adjusted acreage (said plan is hereby made a part of the record). Upon motion by Councilman Louis R. Jones, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance upon application of TERRY/PETERSON DEVELOPMENT CORPORATION for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF TERRY/PETERSON DEVELOPMENT CORPORATION FOR A CHANCE OF ZONING DLSTRICT CLASSIFICATION FROM B-2 TO A-3 Z01284927 BE IT HEREBY ORDAINED BY THE COUNCLL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Terry/Peterson Development Corporation for a Chdnge of Zoning District Classification from B-2 Community Business District to A-3 Apartment Dis- trict on certain property located at the northwest corner of Shore Drive and Northampton Boulevard. Said parcel con- tains 13.33 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. The following conditions shall be required: 1. A portion of this property fronting on Shore Drive to a depth of 175 feet is to remain B-2 Community Business District. 2. The acreage is adjusted as per submittal of the revised site plan. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of December, Nineteen Hundred and Eighty-four. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 17, 1984 - 33 - Item III-E.19 PLANNING ITEM # 22965 Attorney Glenn Croshaw represented the applicant Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance upon application of SAMUEL W. SCOTT, Jr., and DR. R. J. WYLES for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF SAMUEL W. SCOTT, JR., AND DR. R. J. WYLES FOR A CLIANGE OF ZONING DISTRICT CLASSIFICATION FROM B-5 TO H-2 Z01284928 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Samuel W. Scott, Jr., and Dr. R. J. Wyles, for a Change of Zoning District Classi- fication from B-5 Resort Commercial District to H-2 Hotel District at the southwest corner of Atlantic Avenue and 4th Streets on Lots 4, 5, 6, parts of lots 2, 3, 10, 11, and 12, Block D, and a portion of Pacific Avenue (closed) as shown in Map Book 81, Page 5 and recorded in the Office of the Clerk of Circuit Court. Said parcel contains 1.108 acres. VIRGINIA BEACH BOROUGH. Prior to the changing of the official zoning maps, the following condition shall be met: Dedication of right-of-way in accordance with alignment on file with the City Engineer's Office for the second Rudee Inlet Bridge. Said construction of the second Rudee Inlet Bridge shall be flexible.* The following condition shall also be required: Density shall be limited to 177 units. *Councilman Jennings stated that the alignment on file with the City Engineer's Office for the second Rudee Inlet Bridge shows an earth mounding effect as opposed to elevated pilings which take up less land area. Councilman Jennings requested consideration be given to substituting this earth mounding effect with the elevated pilings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of December, Nineteen Hundred and Eighty-four. December 17, 1984 - 34 - Item III-E.19 PLANNING ITEM # 22965 (Continued) Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 17, 1984 - 35 - Item III-E.20a PLANNING ITEM # 22966 Upon motion by Councilwoman Oberndorf, seconded by Councilman Jennings, City Council DEFERRED to the Planning Commission and EXPEDITE back to the City Council the following: AN ORDINANCE TO AMEND AND ORDAIN ARTICLE I, SECTION III OF THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO DEFINITION OF CHILD CARE CENTER Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. December 17, 1984 AN ORDINANCE-TO AMEND AND REORDAIN ARTICLE I, SECTION Ill OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO DEFINITION OF CHILD CARE CENTER BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 111 of the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia, pertaining to definition of child care center is hereby amended and reordained as follows: Section 111. Definitions. Day Care Center. Any facility operated for the purpose of providing care, protection and guidance to a group of children separated from their parents or guardians during a part of the twenty-four-hour day. In regard to the facilities operated in private family homes as an approved home occupation, this term shall apply only to homes in which more. than five (5) children are received except children who are related by blood or marriage to persons who maintain the home. This Ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach on the day of 1984. NOTE: State law reference Code of Virginia 63.1-195. 4AR/CLL/re 10/12/84 11/21/84 (F) - 36 - Item III-E.20b PLANNING ITEM # 22967 Upon motion by Councilwoman Henley, seconded by Councilwoman Creech, City Council ADOPTED the following: AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 1, SECTION Ill OF THE COMPREHENSIVE ZONING ORDI- NANCE PERTAINING TO DEFINITION OF YARD. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. December 17, 1984 - 36a - AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 1, SECTION ill OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO DEFINITION OF YARD BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 111, Definitions, of the C.Z.O. be amended and reordained in part as follows: Yard. A required open space unobstructed by any structure or other improvement which exceeds sixteen (16) inches in height as measured from ground elevation; provided, however, the following improvements may be located in a yard without regard to height: (a) Fences, walls. poles, posts, wires and customary yard accessories; (b) Roof overhangs or eaves which do not extend more than four (4) feet into the yard; (c) Residential heating and cooling equipment which does not extend more than five (5) feet into the yard and which is no closer than five (5) feet to the nearest lot line; and (d) Chimneys which do not extend more than twenty-four (24) inches into the yard. No provision of this section shall be interpreted to permit the con- struction of a swimming pool, Jacuzzi, hot tub or similar apparatus in any yard regardless of height; nor shall this section be inter- preted to mean that any structure or improvement listed above need not comply with other sections of this Code pertaining to height limitations and obstruction of visfbility. Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 day of December 1995.84 APPRO,VED AS TO Co D SIGNATURE TY A@IOR.N@ December 17, 1984 3 7 Item III-E.20c PLANNING ITEM # 22968 Upon motion by Councilwoman Creech, seconded by Councilwoman Henley, City Council ADOPTED the following: AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 2, SECTION 201 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO YARDS. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. December 17, 1984 - 37a - AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 2, SECTION 201 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO YARDS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 2, Section 201(b), Other yards, of the C.Z.O. be amended and reordained in part as follows: (b) Other yards: (4) Whenever the side or rzgr yard of a lot abuts aweutblhic richt-of-W not "re an twenty Ill n la , the SldO or@rear yard adjacent to uch public right-of- Wlth t:e ide or rear yard requlrement @s all COMPI to tE t lot WhlCh WOU]D app@ly if it did not abut a pU iC right-Ot-Wa,y. Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 day Of D..ember 19&- 84 ..%PP CONTEW IO/ A FORM SIGNATURE ITY ATTORNEY L//- December 17, 1984 - 38 - Item III-E.20d RECESS ITEM # 22969 CITY COUNCIL Upon motion by Councilman Baum, seconded by Councilman Fentress, City Council RECESSED for deliberations of THE VIRGINIA BEACH PLANNING COMMISSION concerning the RECLASSIFICATION OF PARCELS in the Princess Anne/Pungo Boroughs. City Council will RECONVENE when The Planning Commission determines their recommendation to City Council (5:28 p.m.) Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. December 17, 1984 - 39 Item 11-F.b PLANNING COMMISSION ITEM Chairman Albert Balko RECONVENED THE VIRGINIA BEACH PLANNING COMMISSION in the Council Chambers, City Hall Bulding, on Monday December 17, 1984, at 5:30 in the afternoon. Planning Commission Members Present: Thomas M. Ammons, Steve S. Atkinson, Chairman Albert W. Balko, Kenneth D.Barefoot, Judith Dockery, Harold D. Graham, Charles R. Krummell, Richard LaClaire, Nancy K. Parker, F. Donald Reid, and James E. Snyder Planning Commission Members Absent; None December 17, 1984 - 40 - Item II-F.1 PLANNING COMMISSION ITEM A motion was made by Commissioner Ammons, seconded by Commissioner Reid, NOT TO PROCEED further with the CONSIDERATION OF DOWNZONING. Chairman Balko read the DECLARATION OF LEGISLATIVE INTENT of THE VIRGINIA BEACH PLANNING COMMISSION: Voting: 5-6 (MOTION LOST TO A NEGATIVE VOTE) Planning Commission Members Voting Aye: Thomas M. Ammons, Kenneth D. Barefoot, Charles R. Krummell, F. Donald Reid, and James E. Snyder Planning Co=nission Members Voting Nay: Steve S. Atkinson, Chairman Albert W. Balko. Judith Dockery, Harold D. Graham, Richard LaClaire, and Nancy K. Parker Planning Commission Members Absent; None *Verbal Vote - Voting Equipment Malfunction - 41 - Item II-F.1 PLANNING COMMISSION ITEM Upon motion by Commissioner Parker, seconded by Commissioner Graham, The Planning Commission voted to PROCEED with the CONSIDERATION OF DOWNZONING OF PARCELS in the Princess Anne/Pungo Boroughs. Voting: 6-5 Planning Commission Members Voting Aye: Steve S. Atkinson, Chairman Albert W. Balko, Judith Dockery, Harold D. GrahamP Richard LaClaire, and Nancy K. Parker Planning Commission Members Voting Nay: Thomas M. Ammons, Kenneth D. Barefoot, Charles R. Krummell, F. Donald Reid, and James E. Snyder Planning Commission Members Absent: None *Verbal Vote - 42 - Item II-F.lc PLANNING COMMISSION ITEM A discussion ensued concerning the first five (5) parcels listed on an Inventory of 196 parcels for RECLASSIFICATION in the PUNGO/PRINCESS ANNE BOROUGHS. For each parcel of land listed below a change of zoning from classification as listed to AG-2 Agricultural District for all property within 600 feet of a public street and to AG-1 Agricultural District for all property not within 600 feet of a public street, in accordance with maps on file in the Planning Department: 1. Property of Laura S. Whitehurst, Tax Map No. H161 01 00000 011 0000, North Landing Road, from PD-HI Planned Unit Development District, Princess Anne Borough. 2. Property of Ronald Zedd ET AL, Tax Map No. H161 01 00000 002 0000, North Landing Road, from PD-HI Planned Unit Development District, 43.6 acres, Princess Anne Borough. 3. Property of VA Land Investment Associates No. 1. Tax Map No. H173 01 00000 021 0000, North Landing Road, from PD-HI Planned Unit Development District, 38.34 acres, Princess Anne Borough. 4. Property of VA Land Investment Associates No. 1, Tax Map No. H161 01 00000 001 0000, North Landing Road, from PD-HI Planned Unit Development District, Princess Anne Borough. 5. Property of School Board City of Virginia Beach, Tax Map No. H162 01 00000 006 0000, North Landing Road, from PD-HI Planned Unit Development District, 40 acres, Princess Anne Borough. Attorney Robert Cromwell, representing owners of COURTHOUSE ESTATES, spoke in opposition. - 43 - Item II-F.2 PLANNING COMMISSION ITEM A motion was made by Commissioner Ammons, seconded by Commissioner Snyder, to allow The Planning Commission at least thirty (30) days to examine 196 parcels in the PUNGO/PRINCESS ANNE BOROUGHS for RECLASSIFICATION before The Commission votes and makes its recommendation to City Council. A SUBSTITUTE MOTION was made by Commissioner Parker, seconded by Commissioner Graham to continue with the PROCEEEDINGS, as advertised. and vote upon the RECLASSIFICATION of 196 parcels in the PUNGO/PRINCESS ANNE BOROUGHS. Voting: 3-8 (SUBSTITUTE MOTION LOST) Planning Comnission Members Voting Aye: Judith Dockery, Harold D. Graham, and Nancy K. Parker Planning Commissioner Members Voting Nay: Thomas M. Ammons, Steve S. Atkinson, Chairman Albert W. Balko, Kenneth D. Barefoot, Charles R. Krummell, Richard LaClaire, F. Donald Reid, and James E. Snyder Planning Commission Members Absent: None - 44 - Item II-F.2 PLANNING COMMISSION ITEM (Continued) Upon motion by Commissioner Ammons, seconded by Commissioner Snyder, The Planning Commission APPROVED allowing at least thirty (30) days to examine 196 parcels in the PUNGO/PRINCESS ANNE BOROUGHS for RECIASSIFICATION before The CoTnmission votes and makes its recommendation to City Council. Voting: 8-3 (MAIN MOTION CARRIED) Planning Commission Members Voting Aye: Thomas M. Ammons, Steve S. Atkinson, Chairman Albert W. Balko, Kenneth D. Barefoot, Charles R. Krunnell, Richard LaClaire, F. Donald Reid, and James E. Snyder Planning Commission Members Voting Nay: Judith Dockery, Harold Graham, and Nancy K. Parker Planiling Commission Members Absent: None - 45 - Item II-F.3 PLANNING COMMt4ISSION ITEM Upon motion by Commissioner Atkinson, seconded by Conmissioner Snyder, The Planning Commission ADJOURNED (6:12 p.m.) Voting: 11-0 Planning Commission Members Voting Aye: Thomas M. Ammons, Steve S. Atkinson, Chairman Albert W. Balko, Kenneth D. Barefoot, Judith Dockery, Harold D. Graham, Charles R. Krummell, Richard LaClaire, Nancy K. Parker, F. Donald Reid, and James E. Snyder Planning Commission Members Voting Nay: None Planning Commission Members Absent: None - 46 - Item III-F. RECONVENE/CITY COUNCIL ITEM # 22970 Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council RECONVENED in the Council Chambers, City Hall Building, on Monday, December 17, 1984, at 6:15 p.m. Voting; 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay; None Council Members Absent: None December 17, 1984 - 47 - Item III-F. RESOLUTION/ FESTIVE HOLIDAY SEASON ITEM # 22971 ADD-ON BY CONSENSUS, City Council ADOPTED a RESOLUTION "CREATING AND RECREATING A FESTIVE HOLIDAY SEASON" presented by the City Clerk expressing gratitude for the Holidays, December 24, and December 31, 1984, extended by the Mayor and City Council. - 47a - RESOLUTION CREATING AND RECREATING A FESTIVE HOLIDAY SEASON WHEREAS: 'Tis the season to be joily; WHEREAS: The Virginia Beach City Council added to this spirit of Good Wil I and Festive Spirit by declaring Monday, December Twenty-Four, a ful I hoi lday thereby extending the weekend from two to four days; and, WHEREAS: Ati employees will benefit and are indeed grateful to members of the Governing Body for providing time to be with family and friends and to take advantage of al I the economic privileges to enhance the tax revenue of our City. THEREFORE: BE IT ORDAINED IN BEHALF OF THE MEMBERS OF THE VIRGINIA BEACH CITT COUNCIL: SECTION 1. That the City Council tinds and determines this is a Season of Good Will Toward Men and each other; SECTION 2. Declares Its Intention to have a Holiday Season I Ike none before and a prosperous New Year for all citizens in the City of Virginia Beach; SECTION 3. That It shall be lawful, but humbuggery, to violate the spirit of this season and any person convicted thereof shal I be sentenced to a one (1 year term of regret; and, SECTION 4. Providing that this Resolution shall be of no force and effect Insofar as It communicates sincerest Holiday Wishes. PASSED, APPROVED and PRESENTED this Seventeenth day of December, Nineteen-Hundred and Eighty-Four to each member of the Virginia Beach City Council and the City's Chief Executive, Thomas H. Muehienbeck. Signed and Sealed: Ruth Hodges Smith, CMC City Clerk/Clerk of Council December 17, 1984 - 48 - Item III-F.1 RESOLUTION ITEM # 22972 CAPITAL IMPROVEMENT PROGRAM The following spoke in opposition to The Lynnhaven Acres (Bray Road) Proposed Sewer Utility Project: Grant A. Begley Phil Wellman Florence H. Strange Hamilton Shattuck The following registered in opposition to The Lynnhaven Acres (Bray Road) Proposed Sewer Utility Project, but did not speak. Vivian Phelps Linda Alcox Sam Houston, Jr. registered concerning the Little Neck Bike Trail, but did not speak The City Manager distributed the following information concerning the CAPITAL IMPROVEt4ENT PROGRAM: (1) Comparison of Priority Numbers in Capital Improvement Programs for FY 1984-1988 and FY 1985-1989 (2) Building Projects requested but not funded (3) Engineering and Highway Projects requested but not funded (4) City Council Workshop Questions (5) Memorandum requesting Increase in Park Acquisition Costs to the City Manager from the Director of Parks and Recreation A motion was made by Councilman McCoy, seconded by Councilman Baum to ADOPT a Resolution approving the Projects listed in the PROPOSED CAPITAL IMPROVEMENT PROGRAM for the Fiscal Years 1984-1985 through 1988-1989 AS AMENDED by City Council. Those amendments being: Princess Anne Plaza Drainage Bow Creek/Northgate - Project #2-008 Little Neck Bikeway - Project #4-924 Sajo Farms Manor Renovation - Project # 4-931 (Partial) Bray Road (2 phases) - Project will be left intact Staff after determination by the Health Department concerning leaching and pollution to the Lynnhaven will return to City Council for approval prior to advertising the project for bid. Virginia Beach Arts Center Funding - Revised Time Schedule A SUBSTITUTE MOTION was made by Councilwoman Henley, seconded by Councilwoman Oberndorf to ADOPT a RESOLUTION APPROVING the Projects listed in the PROPOSED CAPITAL IMPROVEMENT PROGRAM for the Fiscal Years 1984-1985 through 1988-1989 AS AMENDED by City Council, said amendments being listed above, and at the time the date is set for Court Action City Council will RECONSIDER Road Bond Referendum Funding Projects. - 49 - Item III-F.1 RESOLUTION ITEM # 22972 (Continued) CAPITAL IMPROVEMENT PROGRAM Voting: 5-6 (SUBSTITUTE MOTION LOST) Council Members Voting Aye: Barbara M. Henley, Louis R. Jones, Robert G. Jonesl Vice Mayor Reba S. McClanan, and Meyera E. oberndorf Council Members Voting Nay: John A. Baum, Nancy A. Creech, Robert E. Fentressi Mayor Harold Heischober, H. Jack Jennings, Jr., J. Henry McCoy, Jr., D.D.S. Council Members Absent: None *Verbal Vote Upon Motion by Councilman McCoy, seconded by Councilman Baum, City Council ADOPTED a Resolution approving the Projects listed in the PROPOSED CAPITAL IMPROVEMENT PROGRAM for the Fiscal Years 1984-1985 through 1988-1989 AS AMENDED by City Council. The amendments, as previously stated, are Princess Anne Plaza Drainage - Bow Creek/Northgate - Project #2-008; Little Neck Bikeway - Project #4-924; Sajo Farms Manor Renovation - Project #4-931 (Partial); Bray Road (2 phases); and, Virginia Beach Arts Center Funding - Revised Time Schedule. Voting: 9-2 (MAIN MOTION CARRIED) Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Barbara M. Henley and Meyera E. Oberndorf Council Members Absent: None December 17, 1984 - 49a A RESOLITTION APPROVLNG THE PROJECTS LISTED IN THE PROPOSED CAPITAL 1MPROVEMENT PROGRAM FOR THF FISCAL YEARS 1984-1985 THROUGH 1988-1989 AS AMENDED BY CITY COUNCIL WHEREAS, the City Manager on November 19, 1984, presented to City Council the Proposed Capital Improvement Program for fiscal years 1983-1984 through 1988-1989, and WHEREAS, City Council held two public hearings on the proposed program to provide for public comment, and WHEREAS, based on public comment, City Council has determined the need for the projects in the Proposed CIP along with Lhe subsequent amendments shown in Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THF CITY OF VIRGIMIA BEACH, that the projects for the construction of, or additions to capital facilities listed in the Proposed CIP for 1984-1985 Lhrough 1988- 1989 and as subsequently amended by City Council in the attached Exhibit A are hereby approved as capital projects. BE IT FURTHER RESOLVED that the projects shall be financed from funds to be provided periodically by CiLy Council, and until f@inds are so provided, the projects are for planning purposes only and may be deleted, altered or rescheduled in any manner at any time by City Council. Adopted: December 17, 1984 December 17, 1984 KAR/2 ORDII - 49b - EXHIBIT A CITY OF VIRGINIA BEACH, VIRGINIA PROPOSED FY 1984-85/FY 1988-89 CAPITAL IMPROVEMENT PROGRAM SUMMARY OF COUNCIL MENDMENTS Project Title City Council Amendment Princess Anne Plaza Drainage Project was added to the program. Bow Creek/Northgate - Financing for the $120,800 project will Project #2-008 come from general fund balance. Little Neck Bikeway Additional appropriations of $101,673 to Project #4-924 revise the cost estimate to allow for the east side alignment of the bikeway- Total project cost will be $437,648. Sajo Farms Manor Renovation The project design, originally scheduled Project #4-931 (Partial) to begin in FY 1985, is now scheduled for FY 1987. Funding within the five year period was reduced by $101,673 to provide the additional funds for project #4-924 Little Neck Bikeway. Using the present estimated cost, the project is now par- tially funded with the remaining amount to be provided after FY 1989. December 17, 1984 49c Z 0 't 0.0 m mmm m Pd C') 113 0 0 0 0 t- El H x PO H m tv 0 10, t-i cn m 13 ri It zt- o -0 13 0 m w 0 n z m al t4 0 0 10 00 00 w o, 00 m !O P3 lb m m CL L. o, al -4 o 0. al r, w al 00 w D tv C$ lbn w w w al w 0 m;3 z 0 " 10 0 (M 00 m - (D 0 m w 00 0 0 Cd 00 <c: 'L, 'O 'o -w "D mCL w U> 0aq f r m m co - 00 al al 00 H co 10 10 0 co V, 00 al 00 t, 0 0 OD t, 0. L, 0 00 10 D C. -4 w w t, 00 tA .4 m co w a c 0 00 L, a, co co 0 0 0 0 00 w 10 10 0 0 C) 0 N N 00 En 00 co 4- 0- D o, w 10 w 0. w w 10 I In 10 m m 0 0 0 00 al w 00 C. la 0 0 0 - al 0 @ 0 C) 0 0 0 0- L. @ @ al - L- w - -4 - m C. 0 C) 0. t. In n 10 w 0 L, 10 w w 00 I 10 t, o, w al co C, CD w w a, o, 0 c C, C) 10 10 m m o, I 10 m 00 al 0. 0 c 10 o, co December 17, 1984 - 50 - Item III-F.1b. RESOLUTION ITEM # 22973 Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council ADOPTED a Resolution for a change in permit to allow EASTERN VIRGINIA AMBULANCE SERVICE to operate ADVANCED LIFE SUPPORT. Voting: 8-1 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay; Robert G. Jones Council Members Abstaining: Louis R. Jones Council Members Absent: Nancy A. Creech - 50a - R E S 0 L U T I 0 N WHEREAS, Eastern Virginia Ambulande Ser@ice has applied for change in their permit issued pursuant to Section 10.5-2, Code of Virginia Beach; and WHEREAS, it is recommended by the Director of Emergency Medical Services and the Medical Director of Emergency Medical Services that such amendment be granted. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the permit for Eastern Virginia Ambulance Service to operate Advanced Life Support Mode is approved. ADOPTED: December 17, 1984 er 11-14-84 December 17, 1984 CXKCUTIV8 DEPART14ENT 1917 ARCTIC AVENUC DIVISIOM OF CNCRGKNCY MEDICAL SgRVICgS VIRGINIA SSKACH. VIRGINIA 23461 APPLICATION FOR PERMIT EMERGENCY MEDICAL SERVICES AGENCY OR VEHICLE (REVISED 10/84) In accordance with the provision of the Code of the City of Virginia geach Chapter 10, Section 10.5-2, application is hereby made to operate an emergency medical services agency or vehicle in the City of Virginia Beach. REQUEST New Application Vehicle Increase Request Fee/Charge Increase Other: Modification to Request include ALS ORGANIZATION NAME OF AGENCY: EASTERN VIRGINIA AMBULANCE SERVICE, INC. ADDRESSS: 5004 Virginia Beach Blvd., Virginia Beach, VA 23462 SOLE OWNER PARTNERSHIP CORPORATION MUNICIPAL Owner: Address: Phone: Owner: Address: Phone: OR Officers of Corporation President: Address: Vice-President: Address: 2 - OR lOfficers of Corporation !President: .Address: ield Blvd., virginia Beach, Vice-President: Fred W. Rudi Address: 2600 Broad Bay Road, Virqini 451 Secretary: Melba Miller Address: 5044 Sullivan Blvd..2 Virginia Beach, VA 23455 Treasurer: Melba Miller Address: 5044 Sullivan Blvd., Virqinia Beach, VA 23455 SER CLASSIFICATION Emergency First Responder unit BASiC Life Support Unit Advanced Life Support Unit Emergency Neonatal Transport Unit Non-Emergency Invalid Transport Unit Other - Specify Air AmNjl;tn CIAL - Firs esponder to ry for Basic Life Support VEHICLE CLASSIFICATION Basic Life Support (Class 8) Advanced Life Support (Class C) Neonatal Transport (Class D) Invalid Transport (Class E) Other - Specify Air Arnbulance Se None Number of vehicles currently authorized by City Council: Basic Life Support (Class 9) 9 Advanced Life Support (Class c) 3 Neonatal Transport (Class D) Invalid Transport (Class E) 2 Other - Specify Aircraft 9 None PERSONNEL CLASSIFICATION State the number of current certification level of personnel employed: Emergency Medical Technician 22 Emergency Medical Technician Cardiac r Emergency Medical Technician Paramedic Others - Specify MINIMUM REQUIRE14ENTS Does your agency comply with minimum requirements as set forth in the Rules and Re s 0 he Board of th nwealth 'u'ltioi, ency medIC&I S:;:Ic 80, as of V & GOV er, no er: t et.C?m9mo amended7 Yes No ATTACHMENTS 1. Attach a copy of liability and malpractice insurance policy (must reflect $100,000./$300,000. liability and $500,000./ $1,000,000. medical malpractice). 11. Attach a copy of Agency's State EMS permit aS issued by the State Department of Health. -4- *FIXED FEES/CHARGES Thl juthorized fee$/Ch&rles authorized bi Cit@ Council are as follows: Basic Life Support Basic fee for services requested (includes first ten (10) miles from point of patient pickup) $70.00 Mileage fee $2.55 per mile Oxygen $9.00 per one way trip Advanced Life Support Bas c fee for services requested (includes fir t ton (10) miles from point of patient pic up) $125.00 Mil@oage fee $3.75 per mile Oxygen $9.00 per one way trip Invalid Transport Basic fee for services requested (includes first ten (10) miles from point of patient pickup) $25.00 Wheelchair Mileage fee $1.25 per mile *MAXIMUM ALLOWABLE REQUESTED FEES FOR SERVICES RENDERED (To be completed by agencies charging fees for services) 7 Agency fees/charges are in accordance to that which are presently authorized by City Council The following fees/charges are above that which have been authorized by City Council and, hence, serve as a request for increase. Basic Life Support Basic fee for services requested (includes first ten (10) miles, from point of patient pickup) S 70,00, Mileage fee S 2.55 per mi I e Oxygen s 9.00 per one-way trip Advanced Life Support Basic fee for services requested (includes first ten (10) miles, from point of pateint pickup) S 125- 00 Mileage fee $ 3,75 per mile Oxygen $ 9.00 per one-way trip Other - Specify: Explain Reason for Increase: I hereby swear or affirm under penalty of permit revocation, that all of the above statements are true to the best of my knowledge. information and beliefs. It is further understood that my agency, upon approval of this permit, is to adhere to all policies promulgated by the Division of Emergency Medical Services. Signed by h,ol@ Prosid 5004 Va. Reach Blvd va VA Na Pftle aares',"'l2c3'492 ,pe Barry E. R ,Oiger A Subscribed and sworn to before me this ay of@, 1994/ _ed My Commission expires: Notary Public -6- BASIC LIFE SUPPORT - CERTIFICATE OF APPROVAL CLASSIFICATION/OPERATION Recommend approval under the following provisions: Level of Care Provided: Non-Emergency Care and/or Transportation Emergency Care and/or Transportation x Special Provision - Specify: Emerqency care,:nd/ or I;:nnipoo;tat:oBivoq!founder the rect on of au tRorizeT t n of Lmeraency Medical Services. Remarks:Facilitie SL equipment perl?gnel traininq 0Pe for inso a2i on 0 records will be n ec ut erior noti- c on to an authorized acent of the Olvislon of mergency medIC&I 5ervices. Areas of Operation - Specify: The aiplic ay perform 0 O:;Itm interfaci;l,ty p@al a1. nospital O,:r:n ni,orts Ihos o nurs n r eiurn e:c,;,i,lo riency trans- port - From resldence 0 agov tq;:m:n return. Other Provisions: Recommand Denial Remarks: FEE/CHARGES Recommend Approval of Fee/Charges increase Remarks: f-= Recommend Denial of Fee/Charges increase Remarks: Not Applicable to this application request ADVANCED LIFE SUPPORT - CERTIFICATE OF APPROVAL CLASSIFICATION/OPERATION Recommend approval under the following provisions: Level of Care Provided: Non-Emergency Care and/or Transportation Emergency Care and/or Transportation Special Provision - Specify: Emergency care and/or r:n rtat!obio under the direction of an authorizeu :0 nip:?t6 V7:ion df Emeraency MOdic4l Services. Remarks:Faciliti s e@ulpm an lo:erllognel traininq 'L or T:nt 0 records will be :Den ect ut erior noti- s e zlol ca on to an autnorizea ag n o the vivision ot m rgency 14*dlcal 5ervices. Areas of Operation - Specify: The a@:llc O:;t may perform interfacility transports (hosp @al Tt, i) oniy. Other Provisions: The Medical Director of EMS shall STr;:c dard Datient care Protoco cilobe all stan Is and the ror tmb &Ii oeerationai orotocois altyprescribed under Section Z-4ZZ of the Virginia Beach Code. Recommend Denial Remarks: FEE/CHARGES Recommend Approval of Fee/Charges increase Remarks: Recommend Denial of Fee/Charges Increase Remarks: Not Applicable to this application request INVALID TRANSPORT - CERTIFICATE OF APPROVAL CLASSIFICATION/OPERATION Recommend approval under the following provisions: Level of Care Provided: x Non-Emergency Care and/or Transportation Emergency Care and/or Transportation x Special Pr ovision - Specify: E,,l :re and nd a ;ge:TnTcyonc T an a/or nipo er the ENorized O;taflle ogi:7!foun mealcat Services. r:n 9- la OT tmeruency Remarks:Facilitleg. eauipment and oersonnel traininq records w a o en fdr inspection without PrTornoti- fication to an autnori en o the Division Of EmotgencY Re@cal Services. Areas of Operation - Specify: The aeplicant may orm interfacility spor ts (hospital to hospital, hospital No.:r:n to nursing na return. ezc.;- mon-emergenc refu;r n!n5 t - From reslde"e 0 A Ove fac es and return. Other Provisions: Trans orts in Class E vehicles may not include litter patte-nts! Recommend Denial Remarks: FEE/CHARGES Roc ommend Approval of Fee/Charges increase Re,arks:- Recommend Denial of Fee/Charges increase Remarks:- Not Applicable to this application request 9 - REVIEW SUMMARY RECOMMEND APPROVAL RECOMMEND DENIAL DrRECTOR OF A RECOMMEND APPROVAL RECOMMEND DENIAL 1 14LIKLAL uiRECTUR EM RECOMMEND APPROVAL RECOMMEND DENIAL CITY MANAGER DATE FINAL DISPOSITION APPROVED DENIED CITY CLERK DATE When final disposition has been duly recorded by the CitY Clerk, this certificate is to be returned to the Office of the Director of the Division of Emergency Medical Services, CitY Of Virginia Beach. - 51 - Item III-F.IC ORDINANCE ITEM # 22974 Upon motion by Councilman Baum, seconded by Councilman Fentress, City Council ADOPTED an Ordinance authorizing and directing the City Manager to execute an agreement with DONALD T. WILLIAMS, Consultant. Voting: 9-1 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: Barbara M. Henley Council Members Absent: Nancy A. Creech 51a AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREENENT WITH DONALD T. WILLIAMS, CONSNTANT WHEREAS, Consultant has extensive experience due to his prior employment and experience; and WHEREAS, the City desires to utilize such experience and expertise on a part-time basis. THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT the City Manager@"is hereby authorized and directed to execute the attached AGREEMENT FOR CONSULTANT SERVICES. Said agreement is attached hereto and the same is hereby approved. ADOPTED: December 17, 1984 er 12-4-84 APPROVED AS TO COTITENT IT y December 17, 1984 AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, made this - day of 1984, between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corpor- ation chartered under the laws of the Commonwealth of Virginia, (hereinafter "City") and Donald T. Williams (hereinafter "Consul- tant'). W I T N E S S E T H: THAT WHEREAS, Consultant has extensive experience and expertise by virtue of his prior employment and experience with the Army Corps of Engineers, and WHEREAS, the City desires to utilize such experience and expertise on a part-time basis, and WHEREAS, Consultant agrees to provide such services to the City, NOW, THEREFORE, it is mutually agreed between the parties hereto as follows: 1. Consultant agrees to monitor all projects that will have any impact on the City of Virginia Beach which are presently or may in the future be undertaken by the Army Corps of Engineers. Consul- tant further agrees to provide a monthly written report to the Office of the City Manager indicating the status of the projects that he has been monitoring for the City. 2. Compensation shall be paid at the rate of six thousand dollars ($6,000.00) per year. in addition, Consultant shall be compensated for each hour worked over one hundred fity (150) hours at the rate of forty dollars ($40-00) per hour. In addition, Consul- tant shall be compensated for any travel expenses and out of pocket expenses incurred by the consultant if submitted to the City on vouchers. The vouchers shall break down and fully describe expenses for which payment is claimed. 3. This Agreement shall be for a period of one (1) year, provided, however, that either party may terminate this Agreement by giving thirty (30) days written notice to the other party hereto. 4. Consultant agrees that he shall be deemed an independent contractor for all services performed pursuant to this Agreement. CITY OF VIRGINIA BEACH BY CITY MANAGER ATTEST: CLERY, DONALD T. WILLIAMS STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that Thomas H. MUEHLENBECK, City Manager, and RUTH HODGES SMITH, City Clerk, for the CITY OF VIRGINIA BEACH, whose names as such are signed to the foregoing Agreement, have acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 1984. NOTARY PUBLIC My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that DONALD T. WILLIAMS, whose name is signed to the foregoing Agreement, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 1984. NOTARY PUBLIC My Commission Expires: - 52 - Item III-F.2 RESOLUTIONS ITEM # 22975 Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council ADOPTED Resolutions approving the issuance of INDUSTRIAL DEVELOPMENT REVENUE BONDS to the following: COMMODORE ASSOCIATES PROJECT ($ 2,000,000) EXPRESSWAY INN ASSOCIATES ($ 3,080,000) MURPHY ASSOCTATES PROJECT ($ 1,862,000) OFF-PRICE MALL ASSOCIATES I ($ 4,300,000) OFF-PRICE MALL ASSOCIATES II ($ 5,000,000) NORFOLK-VIRGINIA BEACH-PORTSMOUTH MSA LIMITED PARTNERSHIP ($ 1,000,000) SMITH & WILLIAMS FUNERAL HOME, INC. ($ 400,000) TERRY/PETERSON ASSOCIATES IV FACILITY ($ 1,500,000) ROBBINS CORNER ASSOCTATES PROJECT ($ 3,000,000) CELEBRATION STATION INVESTORS ($ 4,800,000) Voting: 10-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jonest Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: H. Jack Jennings, Jr., Council Members Absent: None *Councilman Louis R. Jones ABSTAINED on ADOPTION of Resolution approving the Issuance of Industrial Revenue Bonds to SMITH & WILLTAMS FUNERAL HONE, INC. **Celebration Station Investors was incorrectly listed on the Council's Agenda as Celebration Station Outlet Mall. 52a - Nril-"ilu-ii.-I E3@CA@" J. DALE BIMSON MUNICIPAL CENTER CITY ATTORNEY VIRGINIA BEACH, VIRGIMIA 23456-9002 (804) 427-4531 December 12, 1984 The Honorable Harold Heischober, Mayor, and Members of City Council Municipal Center Virginia Beach, Virginia 23456 Dear Mayor & Members of Council: Re: Industrial Development Revenue Bonds In reviewing the bond issues on the agenda for the December 17, 1984, meeting of Council, please note the following information: 1. Murphy Associates, Commodore Associates, Off-Price Mall Associates I, and Off-Price Mall Associates II were previously approved by Council but need to be reapproved because the original approval has expired. 2. Expressway Inn Associates was previously approved by Council as Expressway Inn, Inc. and needs to be reapproved because of the change in name. 3. Norfolk-Virginia Beach-Portsmouth MSA Limited Partnership was deferred by Council until it could act on a use permit required for the project. The use permit was denied and the project has been moved to a new site. This project is a "grandfathered project" so long as it is closed in 1984. Council will be asked to approve the use permit for the new location in January, but the applicant has agreed that if the bonds are closed this year and Council subsequently denies the use permit, tho bonds will be repaid and the project at the present site will be terminated. 4. Williams Funeral Home, Inc., Robbins Corner Associates, and Terry/Peterson Associates IV are new projects which have already received a private activity bond allocation from the State. December 17, 1984 52b - The Honorable Harold Heischober, Mayor, December 12, 1984 and Members of City Council Page 2 Re: Industrial Development Revenue Bonds 5. The Celebration Station Investors project involves the issuance of bonds to refund the balance of bonds previously issued to finance the Area Corporation Virginia Beach project. 6. Terry/Peterson I, Terry/Peterson II, 195 Associates, and CA Associates are housing bond projects in which 20% of the units will be set aside for persons of low and moderate income. If you have any questions concerning the above projects, please give me a call. Very truly 4yours, imson rney JDB/CMS/cb December 17, 1984 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: COMMODORE ASSOCIATES PROJECT 2. LOCATION: 3700 Atlantic Avenue, virginia Beach Virginia 23451 3. DESCRIPTION OF PROJECT: Thirty Nine (39) unit hotel/motel facility 4. AMOUNT OF BOND ISSUE: @2 000,000.00 5. PRINCIPALS: Melvin A. Koch Jimmie A. Koch 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property B-5. b. Is rezoning proposed? Yes No XX C. If so, to what zoning classification? FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: COMMODORE ASSOCIATES PROJECT TYPE OF FACILITY: THIRTY NINE (39) UNIT HOTEL/MOTEL FACILITY 1. Maximum amount of financing sought $2,000,000.00 2. EStimated taxable value of the facility's real property to be constructed in the municipality $2,098,000.00 3. Estimated real property tax per year using present tax rates $ 16,785.00 4. Estimated personal property tax per year using present tax rates $ 4,950,00 S. Estimated merchants' capital (business license) tax per year using present tax rates $ ii.soo-oo 6. Estimated dollar value per year of goods and services that will be purchased locally $ 12,200.00 7. Estimated number of regular employees on year round basis $ 20 8. Average annual salary per employee $ 6,700.00 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. City of Virginia Beach Development Authority By CHairm.ari PROJECT NAME: COMMODORE ASSOCIATES PROJECT PROJECT ADDRESS: 3614 Atlantic Avenue Virginia Beach, Virginia 23 451 TYPE OF PROJECT: Hotel/motel facility RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND FOR COMMODORE ASSOCIATES WHEREAS, on December 11, 1984, the City of Virginia Beach Development Authority of Virginia Beach, whose address is 770 Lynnhaven Parkway, Suite 200, Virginia Beach, Virqinia (the "Authority") considered and adopted a Resolution of Intent (the Resolution), approving the application of Commodore Associates, a virginia general partnership, whose address is 3614 Atlantic Ave- nue, Virginia Beach, Virginia 23451 ("Purchaser") for the issuance of the Authority's industrial development revenue bond in an amount not to exceed $2,000,000.00 (the "Bond") to assist in the financing of the acquisition, construction, and equipping of a thirty-nine (39) unit hotel/motel facility with related meeting/activity room facilities (the "Project") to be located on real property in the City of Virginia Beach, Virginia; and WHEREAS, the Purchaser has requested that the Authority ratify and confirm the Resolution in all respects in connection with the Authority's issuance of the Bond to assist in the financing of the acquisition, construction and equipping of the Project; and WHEREAS, after proper notice of public hearing as required by law, the Authority has considered the application of the Purchaser for the ratification and confirmation of the Reso- lution of Intent adopted by the Authority on December 13, 1983, to assist in the financing of the acquisition, construction and equippinq of the Project, to be owned and operated by the Purchaser, and has held a public hearing thereon on December 11, 1984, as required by Section 103(k) of the Internal Revenue Code of 1954, as amended, and Section 15.1-1378.1, Code of Virginia, 1950, as amended; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City") to approve the issuance of the Bond to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to Section 15.1-1378.1, Code of - I - Virginia, 1950, 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 Commodore Associates, a Virginia general partnership, 3614 Atlantic Avenue, Virginia Beach, Virginia 23451, to the extent of and as required by Sec- tion 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 required by Section 103(k), does not constitute an endorsement of the Bond or the creditworthiness of the Purchaser, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. 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 December @, 1984. mh.g cr.c 2 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: EXPRESSWAY INN ASSOCIATES 2. LOCATION: 1.2 acre parcel fronting 345 feet on Southside of Greenwich Road, located 250 feet East of intersec- tion of Greenwich and Newtown Roads, virginia Beach, VA 23451 3. DESCRIPTION OF PROJECT: 95 Unit Hotel with lobby, laundry, office and parking facilities 4. AMOUNT OF BOND ISSUE: $3,080,000.00 5. PRINCIPALS: LAMAR M. JOLLY WAYNE D. FRANKLIN 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property I-1 Light Industrial District b. Is rezoning proposed? Yes- No- X C. If so, to what zoning classification? mh.g ss.eii.c FISCAL IMPACT STA,REMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: , 1984 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: EXPRESSWAY INN ASSOCIATES PROJECT TYPE OF FACILITY: HOTEL 1. Maximum amount of financing sought $3,080,000.00 2. Estimated taxable value of the facility's real property to be constructed in the municipality $2,542.000.00 3. Estimated real property tax per year using present tax rates $ 20,336.00 4. Estimated personal property tax per year using present tax rates $ 7,875.00 5. Estimated merchants' capital tax (business license) tax per year using present tax rates $ 36,470.00 6. Estimated dollar value per year of goods and services that will be purchased locally $ 110,000-00 7. Estimated number of regular employees on year round basis 23 8. Average annual salary per employee $ 7,500.00 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY OF VIRGINIA BEACH, VIRGINIA By Chairman@ mbh.g fis.eii.c PPD Loc PROJEC-- TIAILE: Exoressway inn Associates PROJECT ADDRESS! South side of rreenwich RoaO, androximately 250 feet east of intersectic of Creenwich and Newtowl Roads, Virginia Beach, Virginia 23462 @-YPE OF PROJECT: Hotel SCALE 1,,= 2640 (.5 MILE) and WHEREAS, pursuant to section 15.1-1378.1, Code of Virginia, 1950, as amended, a copy of the Authority's resolution approving the issuance of the Bond, subject to terms to be agreed upon and a reasonably detailed sunanary 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 Expressway Inn Asso- ciates, a Virginia limited partnership, 161-A, Jefferson Road, P.O. Box FT, Williamsburg, Virginia 23187, 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 required by Section 103(k), does not constitute an endorsement of the Bond or the creditworthiness of the Purchaser, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. 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 December 17, 1984. Ex #1 cr.c 2 4/25/8 4 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: MURPHY ASSOCIATES PROJECT 2. LOCATION: 1005 Pacific Avenue, Virginia Beach Virginia 23451 3. DESCRIPTION OF PROJECT: Fifty (50) unit hotel/motel facility 4. AMOUNT OF BOND ISSUE: $ 1,862,000.00 5. PRINCIPALS: THOMAS MURPHY,SR. LELA F. MURPHY THOMAS M. MURPHY, JR. R3EGilA@ @ HuRpliy- PHILLIP P. MURPHY 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property 5 b. Is rezoning proposed? Yes No xx c. If so, to what zoning classification? 11/5/8 3 FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: MURPHY ASSOCIATES PROJECT TYPE OF FACILITY: FIFTY (50) UNIT HOTEL/MOTEL FACILITY 1. Maximum amount of financing sought $ 1,862,000.00 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 1,704,000.00 3. Estimated real property tax per year using present tax rates $ 13,500.00 4. Estimated personal property tax per - year using present tax rates 3,960.00 5. Estimated merchants' capital (business license) tax per year using present tax rates 20,100.00 6. Estimated dollar value per year of goods and services that will be purchased locally 15,750.00 7. Estimated number of regular employees on year round basis 6* 8. Average annual salary per employee 2,600.00 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. City of Virginia Beach Development Authority BY chairmaq *NOTE: 6employees to provide maid service during peak tourist season; 3 to 4 such employees during off season. Li PROJECT NAME: Murphy Associates PROJECT ADDRESS: 1005 Pacific avenue Virginia Beach, Virginia 23451 TYPE OF PROJECT: Hotel/motel facility RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND FOR MURPHY ASSOCIATES WHEREAS, on December 11, 1984, the City of Virginia Beach Development Authority of Virginia Beach, whose address is .Suite 200, 770 Lynnhaven Parkway,/Virginia Beach, Virginia (the "Authority") considered and adopted a Resolution of Intent (the Resolution), approving the application of Murphy Associates, a Virginia general partnership, whose address is 1005 Pacific Avenue, Virgi- nia Beach, Virginia 23451 ("Purchaser") for the issuance of the Authority's industrial development revenue bond in an amount not to exceed $1,862,000.00 (the 'Bond") to assist in the financing of the acquisition, construction, and equipping of a fifty (50) unit hotel/motel facility (the "Project") to be located on real property in the City of Virginia Beach, Virginia; and WHEREAS, the Purchaser has requested that the Authority ratify and confirm the Resolution in all respects in connection with the Authority's issuance of the Bond to assist in the financing of the acquisition, construction and equipping of the Project; and WHEREAS, after proper notice of public hearing as required by law, the Authority has considered the application of the Purchaser for the ratification and confirmation of the Reso- lution of Intent adopted by the Authority on October 11, 1983, to assist in the financing of the acquisition, construction and equipping of the Project, to be owned and operated by the Purchaser, and has held a public hearing thereon on December 11, 1984, as required by Section 103(k) of the Internal Revenue Code of 1954, as amended, and Section 15.1-1378.1, Code of Virginia, 1950, as amended; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City") to approve the issuance of the Bond to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to Section 15.1-1378.1, Code of Virginia, 1950, as amended, a copy of the Authority's resolution - 1 - 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 Murphy ASSOCiates, a virginia general partnership, 1005 Pacific Avenue, Virginia Beach, Virginia 23451, to the extent of and as required by Sec- tion 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 required by Section 103(k), does not constitute an endorsement of the Bond or the creditworthiness of the Purchaser, but, pursuant to Chapter 643, virginia Acts of Assembly of 1964, as amended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. 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 Decemberl7 , 1984. mur #1 cr.c 2 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. Project Name: OFF-PRICE MALL ASSOCIATES 1, A VIRGINIA PARTNERSHIP 2. Project Location: LOCATED ON AN APPROXIMATE 20 ACRE PORTION OF THAT PROPERTY ADJACENT TO ROUTE 44, ON THE NORTHSIDE THEREOF, BOUNDED ON THE EAST BY FIRST COLONIAL ROAD, ON THE WEST BY VILLAGE DRIVE, AND ON THE NORTH BY DONNA DRIVE, VIRGINIA BEACH, VIRGINIA 3. Description of Project: A 93,000 SQUARE FOOT FACTORY OUTLET MALL 4. Amount of Bond Issue: $4,300,000.00 5. Principals: WORTH M. WOMBLE, JR. ART J. ZACHARY 6. Zoning Classification: (a) Present zoning classification of the property? B-2 (b) Is rezoning proposed? Yes No x (c) If so, what zoning classification? N/A 3.34.37.C FISCAL IMPACT STATEMENT Off-Price Mall Associates I Facility A Factory Outlet Mall 1. Maxiinum amount of financing sought $4,300,000.00 2. Estimated taxable value of the facility's $5,700,000.00 real property to be constructed in the municipality 3. Estimated real property tax per year using $ 46,000.00 present tax rates 4. Estimated personal property tax per year $ 6,780.00 using present tax rates S. Estimated merchants' capital tax per year $ 48,313.00 using present tax rates 6. Estimated dollar value per year of goods $ 220,000.00 and services that will be purchased locally 7. Estimated number of regular employees on 361 year round basis 8. Average annual salary per employee $ 9,500.00 vice-@irmaff City of Virginia Beach Development Authority 10.G.23.C 2,730.000 PT ioir T i HILLS SE STATE.-- N @aine, BA@ CL NCES EAT NEC NOFL@.- LANTON cus NORTH LINKHORN t PARK LNTLE CH Y.Cht z & ce ACK- INKWATE LORKLL@ oc GA BLV PROJECT NAME: Off-Price Mall Associates I PROJECT ADDRESS: Located on an approximate 20 acre portion of that property adjacent to Route 44, on the northside thereof bounded on the east by First Colonial Road on the west by Village Drive, and on the north Donna Drive, virqinia Beach, Virqinia A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the 17 day of December, 1984. On motion b_V Councilman Baum and seconded by Councilwoman Creecft , the following Resolution was adopted. RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE OFF-PRICE MALL ASSOCIATES 1, A VIRGINIA PARRNERSHIP WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the "Authority"), has considered the request of Off-Price Mall Associates I, a Virginia partnership (the "Company") for the issuance of the Authority's industrial development revenue bonds in an amount up to Four Million Three Hundred Thousand Dollars ($4,300,000.00) (the "Bonds") to assist in the financing of the Company's acquisition, construction and equipping of a factory outlet mall for the public (the "Facility"), loeated on an approximate 20 acre portion of that property adjacent to Route 44, on the northside thereof, bomded on the east by First Colonial Road, on the west by Village Drive, and on the north Donna Drive, Virginia Beach, Virginia, and after proper notice in a newspaper of general circulation, has held a public hearing thereon on November 8, 1983 and again on December 11, 1984; and WHEREAS, the Authority has adopted a Resolution of Intent on November 8, 1983 and has requested and obtained the adoption of a reso- lution bV tbe City Council (the "Council") of Virginia Beach, Virginia (the "City") on November 14, 1983 granting public approval to the issuance of the Bonds. WHEREAS, more than one year has elapsed since approval by the Council of the issuance of the Bonds and the Authority now again seeks the approval for the issuance of trhe Bonds, in compliance with appli- cable temporary regulations promulgated by the Internal Revenue Service and SS103(k) of the Internal Revenue Code of 1954, as amended, and has submitted to the Clerk of the Council the Fiscal and Economic Impact Statements required by the Industrial Development Revenue Bond Act, Chapter 33, Title 15.1, Code of Virginia of 1950, as amended; and WHEREAS, a copy of the Authority's resolution ratifying its -1- prior approval of the plan of financing and the issuance of the Bonds (which initial approval is evidenced by the Authority's Resolution dated November 8, 1983). subject to the terms to be agreed upon and the records of all public hearings relating hereto 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 Comcil of the City of Virginia Beach, Virginia, appro- ves the issuance of the Bonds by the City of Virginia Beach Development Authority of Virginia Beach, Virginia, for the benefit of Off-Price Mall Associates I , a Virginia partnership, to the extent required by Section 103(k) of the Internal Revenue Code and applicable temporary regulations of the Internal Revenue Service 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) and applicable temporary regulations, does not constitute an endorsement of the Bond or the creditworthiness of the Company, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs inci- dent thereto except from the revenues and monies pledged therefor, and neither the faith or credit nor the ta3dng power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on December 17 , 1984. WGS/11.16.2.C -2- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. Project Name: OFF-PRICE MALL ASSOCIATES 11, A VIRGINIA PARTNERSHIP 2. Project Location: LOCATED ON AN APPROXIMATE 20 ACRE PORTION OF THAT PROPERTY ADJACENT TO ROUTE 44, ON THE NORTHSIDE THEREOF, BOUNDED ON THE EAST BY FIRST COLONIAL ROAD, ON THE WEST BY VILLAGE DRIVE, AND ON THE NORTH BY DONNA DRIVE, VIRGINIA BEACH, VIRGINIA 3. Description of Project: A 93,000 SQUARE FOOT FACTORY OUTLET MALL 4. Amount of Bond Issue: $5,000,000.00 5. Principals: WORTH M. WOMBLE, JR. ART J. ZACHARY 6. Zoning Classification: (a) Present zoning classification of the property? B-2 (b) Is rezoning proposed? Yes No x (c) If so, what zoning classification? N/A 3.34.36.C FISCAL IMPACT STATEMENT Off-Price Mall Associates If Facility A Factory Outlet Mall 1. Maximum amount of financing sought $5.000,000.00 2. Estimated taxable value of the facility's $7,300,000.00 real property to be constructed in the municipality 3. Estimated real property tax per year using $ 58,000.00 present tax rates 4. Estimated personal property tax per year $ 6,780.00 using present tax rates 5. Estimated merchants' capital tax per year $ 48,313.00 using present tax rates 6. Estimated dollar value per year of goods $ 220,000.00 and services that will be purchased locally 7. Estimated number of regular employees on 361 year round basis 8. Average annual salary per employee $ 9,500.00 W-cX@airmeff City of Virginia Beach Development Authority 10.G.22.C 2,730.WO FT 76'00'0(r ioi, 76'=M- 2.720.000 @T HILLS STATE LANTON NORTH LINKHORN PARK LI7-FLE CH Y.,ht &ce ACRE OCEJ L; LOR@TA .AVE. !CE NA SEATAC&@ GAR[ %O@.4 ,?ENS@, o/k PROJECT NA14E: Off-Price Mall Associates II PROJECT ADDRESS: Located on an approximate 20 acre portion of that property adjacent to Route 44, on the northside thereof bounded on the east by First Colonial Road on the west by Village Drive, and on the north A meeting of the Comeil of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the 17 day of December, 1984. Councilman Baum On motion I and seconded by Counci-Lwoman Cre( ollowing Resolution was adopted. RESOLUrION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENR REVENUE OFF-PRICE MALL ASSOCIATES 11, A VIRGINIA PARTNERSHIP WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the "Authority') , has considered the request of Off-Price Mall Associates II, avirginia partnership (the "Company") for the issuance of the Authority's industrial development revenue bonds in an amount up to Five Million Dollars ($5, 000, 000. 00) (the "Bonds") to assist in the financing of the Company's acquisition, construction and equipping of a factory outlet mall for the public (the "Facility"), located on an approximate 20 acre portion of that property adjacent to Route 44, on the northside thereof, bounded on the east by First Colonial Road, on the west by Village Drive, and on the north Donna Drive, Virginia Beach, Virginia, and after proper notice in a newspaper of general circulation, has held a public hearing thereon on November 8, 1983 and again on December 11. 1984; and WHEREAS, the Authority has adopted a Resolution of Intent on November 8, 1983 and has requested and obtained the adoption of a reso- lution by the City Council (the "Council") of Virginia Beach, Virginia (the "City") on November 14, 1983 granting public approval to the issuance of the Bonds. WHEREAS, more than one year has elapsed since approval by the Council of the issuance of the Bonds and the Authority now again seeks the approval for the issuance of trhe Bonds, in compliance with appli- cable temporary regulations promldgated by the Internal Revenue Service and SS103(k) of the Internal Revenue Code of 1954, as amended, and has submitted to the Clerk of the Council the Fiscal and Economic Impact Statements required by the Industrial Development Revenue Bond Act, Chapter 33, Title 15.1, Code of Virginia of 1950, as amended; and WHEREAS, a copy of the Authority's resolution ratifying its prior approval of the plan of financing and the issuance of the Bonds -1- (which initial approval is evidenced by the Authority's Resolution dated November 8, 1983), subject to the terms to be agreed upon and the records of all public hearings relating hereto 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 Council of the City of Virginia Beach, Virginia, appro- ves the issuance of the Bonds by the City of Virginia Beach Development Authority of Virginia Beach, Virginia, for the benefit of Off-Price Mall Associates 11, a Virginia partnership, to the extent required by Section 103(k) of the Internal Revenue Code and applicable temporary regulations of the Internal Revenue Service 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) and applicable temporary regulations, does not constitute an endorsement of the Bond or the creditworthiness of the Company, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or tbe interest thereon or other costs inci- dent 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. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on December 17 , 1984. WGS/11.16.1.C -2- SUMMARY SI]EET CITY OF VIIIGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Norfolk-Virginia Beach-Portsmouth PROJECT NAME: M,9A Limit p 2. LOCATION: 1556_ 11 D,,m Ro,,d 3. DESCRIPI.PION OF PROJECT: Cellular Mobi.1 Telephone system 4. AMOUNI' OP BOND ISSUE: @l -90.9-aoo 5. PRINCIPALS: Norfolk-Virginia Beach-Portsmouth MSA@ 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property b. Is rezoning proposed? Yes No X C. If so, to what zoning classification? FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATr: TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGRNIA PROJECT NAME: Norfolk-Virginia Beach-Portsmouth MSA Limited Partnership TYPE OF FACILITY% Cellular Mobile Telephone System 1. maximum amount of financing sought $ 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ @?12,000 3. estimated real property tax per year 1,700 using present tax rates $ 4. Estimated personal property tax per year using present tax rates $ .971-inn 5. Estiinated merchants' capital (business license) tax per year using present tax rates $ 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 $ 11 S. Average annual salary per employee $ 27,500 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 By_ V@ Norfolk-Virginia Beach-Portsmouth MSA Limited Partnership Economic Impact Statement 1- AmOunt of investment (Va. Beach only) 1 , 07 5 , 000 2. Amount of industrial revenue bond financing sought 1,000,000 3. Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach 214,000 4. Estimated real property tax per year using present tax rate (Va. Beach) 1,700 5. Estimated personal property tax (va. Beach) 2 3 , 5 00 6. Economic impact statement demonstrating the overall return to the city: A. Number of new jobs 11 (system) B. Payroll generated $ 23o,ooo Av. Wage $21,000 (Salary & Commissions) C. Number of jobs retained N/A D. Payroll retained $- N/A Av. Wage $ N/A E. Estimate of the value of goods and services purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Unknown in City of Va. Beach Type Value Total System utilities $ 150,000 Motor Vehicles Expense $ 30,000 Office Expense $ 55,000 Advertising $ 175,000 Other $ 30,000 TOTAL $ 440,000 0 D 4 3451 A AIR STATIO] Pendlet S. N PROJECT NAME: Norfolk-Virginia Beach-Portsmouth MSA Limited Partnership PROJECT ADDRESS: 1556 Mill Dam Road TYPE OF PROJECT: Cellular Mobile Telephone System RESOLUTION APPROVINO THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR NORFOLK-VIRGINIA BEACH-PORTSMOUTH MSA LIMITED PARTNERSHIP WHEREAS, the city of virginia Beach Development Authority (the Authority) has considered the application of Norfolk-Virginia Beach-Portsmouth MSA Limited Partnership (the Company) for the issuance of the Authority's industrial develop- ment revenue bonds in an amount not to exceed $1,000,000 (the Bonds) to assist in the financing of the company's acquisition, construction and equipping of a cellular mobile telephone system facility (the Facility) to be located at 1556 Mill Dam Road in the City of Virginia Beach, Virginia, and has held public hearings thereon on June 12, 1984 and December 11, 1984; 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 Section 15.1-1378.1, Code of Virginia, 1950, as amended, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a 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 the Company, to the extent of and aB required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. 7he 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 ActB of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Conunonwealth, the City or the Authority shall be pledged thereto. 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 December 17, 1984. 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 17 day of December, 1984. on motion by Councilman Baum and seconded by C .... h the follow- ing Resolution as adopted. RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR SMITH & WILLIAMS FUNERAL HOME, INC. WHEREAS, the City of Virginia Beach Development Authori- ty (the Authority), has considered the application of Smith & Williams Funeral Home, Inc. (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $400,000 (the Bonds) to assist in the financing of the Company's construction and equipping of an addition to its funeral home facility (the Facility) located at 4889 Princess Anne Road in the City of Virginia Beach, Virginia 23462, and has held a public hearing thereon on December 11, 1984; and WHEREAS, the Authority has recommended that the City Council (the Council) of City of Virginia Beach, Virginia (the City), approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended, and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended; WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a reasonably detailed summary of the comments expressed at the public hearing with respect to the Bonds and a Fiscal Impact 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 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, and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended, to permit the Authority to assist in the financing of the Facility. 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 credit- worthiness 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. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, 17 Virginia, on December 1984. 2 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AU@HORITY INDUSTRIAL DEVELOPMENT REVENUE BOND PROJECT NAME: Smith &Williams Funeral Home, Inc. LOCATION: 488 9 Princess Anne Road Virginia Beach, VA 23462 3. DESCRIPTION OF PROJECT: ExPansion of Funeral flome 4. AMOUNT OF BOND ISSUE: $400,ooo S. PRINCIPALS: aymond H. Klyburn, Meiv in B. Williams, Willar P- Whitehurst, William R. Malbon, Jr., William F. HudginSS. Jr., Roy L. Burton, Jr., Sterling S. M!-Htg@.m.rgt A W e ,g las D. Dunn, Jr., Joe Nancy Rdcklina T. Harris, Raymond G. Klyburn, Robert W. Klyburn.- ZONING CLASSIFICATION: a. Pres@nt zoning classification of the Property R-5 b. Is rezoning proposed? Yes No X c- If SO, to what zoning classification? FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: November 19, 1984 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Smith & Williams Funeral Home, Inc. TYPE OF FACILITY: Funeral Home 1. Maximum amount of financing sought $ 400,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 305,000 3. Estimated real property tax per year using present tax rates $ 2,440 4. Estimated personal property tax per year using present tax rates $ 2,730 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 1,440 6. Estimated dollar value per year of goods and services that will be purchased locally $ 70,000 7. Estimated number of regular employees on year round basis $ 10 8. Average annual salary per employee $ 10,000 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 Bv Chairma7 v Economic Impact Statement 1 Amount of iiivestment $ 400 , 0 00 2. Amount of industrial revenue bond financing sought s 40 0 , 000 3. Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach $ 30 5, 0 0 0 4. Estimated real property tax per year using present tax rate $ 2 , 440 5 Estimated personal property tax $ 2 , 7 30 6. Economic impact statement demonstrating the overall return to the City: A. Number of new jobs 10 B. Payroll generated $ 100,000 Av. Wage $ 10, 000 C. Number of jobs retained 3 D. Payroll retained $ 24,000 Av. Wage $ 8,000 E. Estimate of the value of goods and services purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type Value Services $ 50 0 00 Insurance $ 20 0 00 $ $ $ F. Estimated building permit fee and other municipal fees $ 1, 4 40 2 G. Estimated construction payroll H. Estimated value of construction material to be purchased within the City of Virginia Beach $300,000 in pay@ I. Estimated number of construction jobs Not available aL this time. J. Any other items of which the applicant feels the Authority should be made aware of in evaluating the project 7. Is the site currently zoned for the use of 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 inducement resolution? Yes x No 10. Location of project (attach location map) 4889 Princess Anne Road, Virginia Beach, VA 23462 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. ES PROJECT NAME: Smith & Williams Funeral Home, Inc PROJECT ADDRESS: 4889 Princess Anne Road Virginia Beach,.VA 23462 TYPE OF PROJECT: Expansion of Funeral Home SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Terry/Peterson Associates IV Facility 2. LOCATION: Northwest corner of Shore Drive and Northampton Drive 3. DESCRIPTION OF PROJECT: Retail Shopping Center 4. AMOUNT OF BOND ISSUE: $1,500,000 5. PRINCIPALS: Frederick J. Napolitano Richard E. Olivieri John H. Peterson, Jr. 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property B-2 b. Is rezoning proposed? Yes No X C. If so, to what zoning classification? N/A 11/5/8 3 FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: TO: THE CITY COUNCIL OF VIRGINIA BEACHI VIRGINIA PROJECT NAME: Terry/Peterson Associates IV Facility TYPE OF FACILITY: Retail Shopping Center 1. Maximum amount of financing sought $1@5QQ. 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ i-rnn.non 3. Estimated real property tax per year using present tax rates $ 121nnn 4. Estimated personal property tax per year using present tax rates $ -n- 5. EStimated merchants' capital (business license) tax per year using present tax rates $ constru 6. EStimated dollar value per year of goods tion only and services that will be purchased $1,050,000 During Construc locally $ 71;0,n ter tion 7. Estimated number of regular employees on year round basis 2,; 8. Average annual salary per employee $ 13,52n 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 $1,500,000 2. Amount of industrial revenue band financing sought $1,500,000 3. Estimated taxable value of the facil4ty's real property to be constructed in the City of Virginia Beach $ -00 4. Estimated real property tax per year using present tax rate $ 12,000 5. Estimated personal property tax $ -0- Economic impact statement demonstrating the overall return t6 the'city: A. Number of new jobs 25 B. Payroll generated $338,000 Av. Wage $ 13,520 per annum C. Number of jobs retainbd -0- 0 D. Payroll,retained $ -o- Av. Wage $ -0- 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 Cnngi-riirt-ic)n_materials $ 100,000 TOTAL $150,000 F. Estimated building permit fee and other municipal fees $ .00 G. Estimated construction payroll $500 000 H. Estimated value of construction material to be purchased within the City of Virginia Beach 11000,000 1. Estimated number of construction jobs 25 J. Any other items which the applicant feels the Authority should be made aware of in evaluating the project t of a latqer development of complem-iL.Lry improvements inclutin-g reside-n- tial rental property and condominiums which will be an at- tractive and need@. auulllon to tnis area o virginia Beach. 7. Is th-e site currently zoned for the use of being proposed for industrial reven-ue bond financing? Yes U No 8. Has a bond purchase agreement/commitment been accepted by the applicant? (attach a,copy) Yes No 9. Will the bond financing close within 90 days from the date of adoption of the inducement resolution? Yes XX No 10. Location of project (attach location map) Northwest corner of Shore Drive-and Northampton Boulevard in Virginia 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 acc,rate and true in all re,%pec'tS. Atf- tor Te&ry/Peterson Associates IV Subscribed and sworn to before me this day of 1984. otary Public MY Commission Expires: 21111@ to3T-CT r) m LirTLECREEA Co;,, A p, SCALE 1-- 2m (,5 MILE) 2640 0 2640 5280 0 2 mit PROJECT NAME: Terry/Peterson Associates IV PROJECT ADDRESS: Northwest corner of Shore Drive and Northampton Blvd. TYPE OF PROJECT: Retail Shopping Center" 10 cri E:3 RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR TERRY/PETERSON ASSOCIATES IV FACILITY WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application of Terry/ Peterson Associates IV, a virginia general partnership, or any partnership or corporation of which Frederick J. Napolitano is a partner or shareholder (the "Company") for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $1,500,000 (the "Bonds") to assist in the financing of the Company's acquisition, construction, and equipping of retail shopping center facility (the "Fa- cility") to be located at the northwest corner of Shore Drive and Northampton Boulevard in the City of Virginia Beach, Vir- ginia, and has held a public hearing thereon on December 11, 1984; 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 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 issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of Terry/Peterson Associates IV, a Virginia general partnership, or any part- nership or corporation of which Frederick J. Napolitano 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. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, em- ployees, and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or con- sequential, resulting from (1) the Authority's failure to issue bonds for the Facility for any reason, including, but not limited to, any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax exempt bonds by the Authority is restricted by any state or federal statute now or hereafter enacted; or (2) the Authority's failure for any reason after the issuance of bonds for the Facility to allocate a portion of its allowable industrial development revenue bond volume to the Facility if the issuance of tax exempt bonds by the Authority is re- stricted by any state or federal statute now or hereafter enacted. 4. This Resolution shall take effect inunediately upon its adoption. Adopted by a majority of a quorum of the Council of the City of Virginia Beach, Virginia on December 17, 1984. -2- SUM14ARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AU THORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Robbins Corner Associates ProiegL- @2. LOCATION: 1704-1724 ;:de::2dence,BoulevaL@- tween Ihde d e Bou7levard, Pleasure House R d oaa@)Thoroughgood Road, Lawson Ro 3. DESCRIPTION OF PROJECT; Retail shopping cbnter 4. AMOUNT OF BOND ISSUE: $3,000,000 5. PRINCIPALS: Littleton C. Hudgins, William S. Hudgins, W. Taylor Johnson, Jeffrey K. Franc,- 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property B-2 b. Is rezoning proposed? Yes No xx c. If so, to what zoning classification? N/A 1 1/5/8 3 FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: November 28, 1984 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NA.4E: Robbins Corner ASsociates Project TYPE OF FACILITY2 Retail Shopping Center 1. Maximum amount of financing sought $3,000,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $2,800,000 3. Estimated real property tax per year using present tax rates $ 22,400 4. Estimated personal property tax per year using present tax rates $ 5,000 S. Estimated merchants' capital (business license) tax per year using present tax rates $ N/A 6. Estimated dollar value per year of goods and services that will be purchased $2,100,000 / construction locally $1,100,000 /_ILhereafter 7. Estimated number of regular employees on 50 / construction year round basis 85 / thereafter S. Average annual salary per employee $ 12,000 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. City of Virginia Beach Development Authority By Economic Impact Statement 1. Amount of investment $3.000,000 2. Amount of industrial revenue bond financing sought $3,000,000 3. Estimated taxable value of the facil4ty's real property to be constructed in th. City of Virginia Beach $2,800,000 4. Estimated real property tax per year using present tax rate $ 22,400 S. Estimated personal property tax $ 5 , 0 0 0 6. Economic impact statement demonstrating the overall return to the city: A. Number of new jobs 85 B. Payroll generated $1 , 0 2 0 , 00 0Av. Wage $12,000 C. Number of jobs retain;ed -- I 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.): Estimated: tenant mix not finalized. Type Value Inventory $500,000 'o. Eguipment $500,000 Insurance $ 50,000 TOTAL $1,100,000 F. Estimated building permit fee and other municipal fees 25,000 G. Estimated construction payroll s 0 0 , 000 H. Estimated value of construction material to be purchased within the City of Virginia Beach 1 700,000 I. Estimated number of construction jobs 50 J. Any other items which the applicant feels the Authority should be made aware of in evaluating the project Need for new retail,shopping in this area. Revitalization or Robbins orr dy in- dicates potential for retail food and beverage sales of $800,000 per year.. 7. Is the site currently zoned for the use of being proposed for industrial revenue bond financing? Yes u No S. Has a bond purchase agreement/commit@nt been accepted by the applicant? (attach a,copy) Yes 'No = 9. Will the bond financing close within 90 days from the date of adoption of the inducement resolution? Yes No 10. Location of project (attach location map) Cornpr of Independence Boulevard and Pleasure House Road in Virginia Beach, Virginia. 11. Explanation of alternative financing that has been reviewed for project None I hereby certify that the information stated in the above Economic Impact Statement-is accurate and true in all respects. (Appl@i ant) KOb s corner Associa@es Subscribed and sworn to before me this day of 1984. 9-e 4L /r- ,.t 1/2ry Public MY Commission Expire S e s@ a p lilc ChELmplon Map ion 'ItEEK 6 IE@OF FIE, PLEASUREHOIJ POINT HILL POINT ITA(;E POINT K s NAME OF PROJECT: Robbins Corner Associates PROJECT ADDRESS: 1704 - 1724 Indepencence Blvd. TYPE OF PROJECT: Retail Shopping Center FII,IAIIIEO MVU#' VVAP RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR ROBBINS CORNER ASSOCIATES FACILITY WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application of Robbins Corner Associates, a Virginia limited partnership, or any partnership or corporation of which Littleton C. Hudgins is a partner or shareholder (the "Company") for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $3,000,000 (the "Bonds") to assist in the financing of the Company's acquisition, construction, and equipping of retail shopping center facility, consisting of approximately 120,000 square feet, to be located at 1704-1724 Independence Boulevard (between Independence Boulevard, Pleasure House Road, Thoroughgood Road, and Lawson Road) in the City of Virginia Beach, Virginia (the "Facility"), and has held a public hearing thereon on December 11, 1984; 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 S 15.1-1378-1 of the Code of Virginia, 1950, as amended, a copy of the Authority's Resolution approving the issuance of the Bonds, subject to terms to be mutually agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia approves the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of Robbins Corner Associates, a Virqinia limited partnership, or any partnership or corporation of which Littleton C. Hudgins 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 neithek the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, em- ployees, and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or con- sequential, resulting from (1) the Authority's failure to issue bonds for the Facility for any reason, including, but not limited to, any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax exempt bonds by the Authority is restricted by any state or federal statute now or hereafter enacted; or (2) the Authority's failure for any reason after the issuance of bonds for the Facility to allocate a portion of its allowable industrial development revenue bond volume to the Facility if the issuance of tax exempt bonds by the Authority is re- stricted 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 December 17, 1984. -2- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Celebration Station Outlet Mall 2. LOCATION: Northwest Corner of Virginia Beach Boulevard and King Richard Drive 3. DESCRIPTION OF PROJECT: Shopping Center containing approximately 105,000 sq. ft. 4. AMOUNT OF BOND ISSUE: Up to $4,800,000 5. PRINCIPALS: Celebration Station Investors, a Pennsylvania limited partnership, Bart J. Axelrod, General Partner, Area -Corporation, Manager 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property B-2 b. Is rezoning proposed? No C. If so, to what zoning classifi- cation? FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING Date: December 1,1, 1984 To: The City Council of Virginia Beach, VirginiA Project Name: Celebration Station Outlet Mall Type of Facility: Shopping Center 1. Maximum amount of financing sought $4,800,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $4,800,000 3. Estimated real property tax per year using present tax rates $38,400 4. Estimated personal property tax per year using present tax rates $91000* 5. Estimated merchants' capital (business license) tax per year using present tax rates $50,000* 6. Estimated dollar value per year of goods and services that will be purchased locally $450,000* 7. Estimated number of recjular employees on year round basis 250* B. 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 respect thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY ,Xj,ee@@,tman/- *This includes estimates for tenants in the shopping center. E- oc CELEBRATION STATION OUTLET MALL 3352 Virginia Beach Blvd. Virginia Beach, VA 23453 Shopping center RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BONDS FOR CELEBRATION STATION INVESTORS WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application of Celebration Station Investors, a Pennsylvania limited partnership (the "Company"), for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $4,800,000 (the "Bonds") to refund the Authority's $4,800,000 Industrial Development Revenue Bonds (Area Corporation-virginia Beach) issued on September 23, 1983 to finance the acquisition, construction, and equipping of a shopping center facility (the "Facility") to be located at the intersection of Virginia Beach Boulevard and King Richard Drive in the City of Virginia Beach, Virginia, and has held a public hearing thereon on December 11, 1984; 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 Section 15.1-1378.1, Code of Virginia, 1950, as amended, a copy of the Authoritv's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reasonably detailed summary of the comments,if any, expressed at the public hearing have been filed with the Council; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council approves the issuance of the Bonds by the Authority for the benefit of the 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 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 Cornmonwealth, 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 the Authority's failure to issue bonds for the Project for any reason. 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 December 17 , 1984. - 53 - item III-F.3 RESOLUTIONS ITEM # 22976 Upon motion by Councilwoman Oberndorf, seconded by Councilman Fentress, City Council ADOPTED the following Resolutions: RESOLUTION APPROVING THE ISSUANCE OF SPECIAL REVENUE BONDS FROM THE SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY IN THE AMOUNT OF $10,000,000 to 195 ASSO- CIATES PROJECT. RESOLUTION APPROVING THE ISSUANCE OF SPECIAL REVENUE BONDS FROM THE SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY IN THE AMOUNT OF $8,000,000 TO CA ASSOCIATES (COLONIAL ARMS APARTMENTS). RESOLUTION APPROVING THE ISSUANCE OF SPECIAL REVENUE BONDS FROM THE SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY IN THE AMOUNT OF $10,000,000 TO TERRY/ PETERSON ASSOCTATES II PROJECT (CHIMNEY HILL APART- MENTS). RESOLUTION APPROVING THE ISSUANCE OF SPECIAL REVENUE BONDS FROM THE SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY IN THE AMOUNT OF $5,000,000 TO TERRY/ PETERSON ASSOCIATES I PROJECT (PEMBROKE CROSSING APARTMENTS). Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 17, 1984 SUMMARY SHEET CITY Oi-VlidIki@iiiCH DEVELOPMENT AUTHORITY APPROVAL OF INDUSTRIAL DEVELOPMENT REVENUE BONDS TO BE ISSUED BY SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY 1. PROJECT NAMET 195 Associates Project North side of Virginia Beach Boule- 2. LOCATION: vard, four hundred feet east of Davis Street, Virginia,Beach, Virginid 3. DESCRIPTION OF PROJECT: approximately 195-unit rental apart- men pro3e CE 4. AMOUNT Of BOND ISSUE: $10,000,000 5. PRINCIPALS: Ramon W. Breeden, Jr., 6. ZONING CLASSIPICATION: a. Present zoning classification of the Property A-2 b. Is rezoning proposed? Yes No X c. If so, to what zoning classification? N/A The purpose of this Resolution is to approve the Suffolk Redevelopment and Housing Authority's issualice of its Special Revenue Bonds for the benefit of 195 Associates. 11/5/ 8 3 FISCAL IMPACT STATEMENT FOR PROPOSED SPECIAL REVENUE BOND FINANCING DATE: October 30, 1984 TO; THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: 195 Associates Project TYPE OF FACILITY: 195-Unit Rental Apartment Project 1. Maximum amount of financing sought $10,000,000 2. EStimated taxable value of the facility's real property to be constructed in the municipality $ 8,000,000 3. EStimated real property tax per year using present tax rates $ 64,000 4. EStimated personal property tax per year using present tax rates $ 5 0 0 0 5. EStimated merchants' capital (business license) tax per year using present tax rates $ N/A 6. Estimated dollar value per year of goods and services that will be purchased locally $ 0 0 7. Estimated number of regular employees on year round basis 10 8. Average annual salary per employee $ 15,000 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 Bv l C airmi6- roA m td 0 n 0 fif C4 kD 0 %O LA 0 Ln I I . i q C3 :w 0 t-i to P- 10 (a rA rt mP. 0 (t 0 pi :1 1-h 0 ct, rt tlh m En m rt, $U m :1 r?, rt,w la z m > Z 4- o Z In r z > En q z el (D ic 0 1: fu x 0 CD 1. ic W. :i v v > > > rt > (D > > ci > o w (D I t-i It 0 U) 0 0 0 0 0 CL 0 0 (D :i 11 I z 0 0 0 0 :7 0 0 . 0 0 t- 0 (D I r, o 0 0 0 0 0 :3 0 0 i- W. (n I H pq rt r- r- rt c: n r to r- 0) :s rt 0) :3 to Z (D :3 to m :) to cr . ft rr rr rr rt rr (D 0 tn rli 0 m :3 HID -3 10 -3 -3 -3 r- x 11 0 0 r- 0 r- 0 0 0 0 U) la H. H C) cr m rr @. rr H. rt rr rt (D :3 1 m 0 su la oplo 0) al :i to I z i- 0 F- U) ti (D r) 0 1 rr rt rt 0 1 vi 11 t) I z q x Ch Ln Ln a m D Ln tQ 0) u, m hi al C, -i -i 11 ON w Ln ti a% w CD w Ln 00 C:) C) En rA > Ln N) z 03 w -i 0 m x f,) w CD %D co 00 CD w Ch Ln 00 w a, Q CD r, t4 0 Ln Ln ko CD w C) C) C:) ti co (D 0 I z ri) CD N) Ln 0 04 H w w Ln C) .n w u, 04 tj Ln co w 0 D f,) C:) 3K t') 11 co w CD 00 w w C:) V, 0 C:) -4 00 ON a) 0 (D (POS-tA9H) A qTqTqxa RESOLUTION APPROVING THE ISSUANCE OF SPECIAL REVENUE BONDS (195 ASSOCIATES PROJECT) WHEREAS, the City of Virginia Beach Development Authority (the "Development Authority") has considered the application of 195 Associates, a Virginia general partnership, or any partnership or corporation of which Ramon W. Breeden, Jr. is a partner or shareholder (the "Company") to the Suffolk Redevelopment and Housing Authority (the "Housing Authority") for the issuance of the Housing Authority's special revenue bonds in an amount not to exceed $10,000,000 (the "Bonds") pursuant to S 103(b)(4)(A) of the Internal Revenue Code of 1954, as amended, to assist in financing the acquisition, construction, and equipping by the Company of an approximately 195-unit rental apartment project located on the north side of Virginia Beach Boulevard, four hundred feet east of Davis Street in Virginia Beach, Virginia (the "Project") and has held a public hearing thereon on December 11, 1984; and WHEREAS, the Development Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City") to approve the construction of the additional housing and issuance of the Bonds by the Housing Authority to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended, the proposed final Treasury regulations issued thereunder; and WHEREAS, a copy of the Housing Authority's resolution approving the issuance of the Bonds, and a copy of the Develop- ment Authority's resolution recommending approval of the Bonds by the Council, subject to terms to be agreed upon, and a record of the public hearings held thereon has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUMCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia approves the additional housing to be provided by the Project and further approves issuance of the Bonds by the Suffolk Redevelopment and Housing 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 Housing Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds, as required by Section 103(k) does not constitute an endorsement of the Bonds or the creditworthiness of the Company, and the Bonds shall provide that neither the City, the City of Suffolk, the Development Authority, nor the Housing 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 -2- taxing power of the Commonwealth of Virginia, the City, the City of Suffolk, the Development Authority, or the Housing Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on December 17, 1984. -3- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY APPROVAL OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO BE ISSUED BY SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY CA ASSOCIATES 1. PROJECT NAME: (COLONIAL ARMS APARTMENTS) 2. LOCATION: 1801 Colonial Circle Virginia Beach, Virginia 3. DESCRIPTION OF PROJECT: 216 apartment units located in 14 buildings with separate office and maintenance building and swimming pool, 4. AMOUNT OF BOND ISSUE: $8,000,000.00 5. PRINCIPALS: Wendell C. Franklin Stanley L. Harrison Alan B. Nusbaum Richard E. Airing William H. Halprin 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property A-2 b. Is Rezoning proposed? Yes No X c. If so, to what zoning classification? The purpose of this Resolution is to approval Suffolk Redevelop- ment and Housing Authority's issuance of its Special Revenue Bonds for the benefit of CA Associates (Coloiiial Arms Apartmetits). FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: December 11, 1984 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: CA ASSOCIATES TYPE OF FACILITY: 216-unit multi-family residential rental apartment project known as Colonial Arms Apartments. 1. Maximum amount of financing sought $5,000,000.00 2. Estimated taxable value of the facility's real property to be constructed in the municipality $4,000,000.00 3. Estimated real property tax per year using present tax rates $ 32,000.00 4. Estimated personal property tax per year using present tax rates $ 1,500.00 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 3,096.76 6. Estimated dollar value per year of goods and services that will be purchased locally $ 48,000.00 7. Estimated number of regular employees on year round basis $ 3 8. Average annual salary per employee $ 15,000.00 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By v@/ IKE HA)' SHO O-rns rA RION je -S PROJECT NAME: C.A. ASSOCIATES (Colonial Arms Apartments) PROJECT LOCATION: 1801 Colonial Circle Virginia Beach, Virginia TYPE OF PROJECT: 216 unit multi-family residential rental housing project RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF HOUSING REVENUE BONDS FOR CA ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the "Authority"), has considered the application of CA Associates, a Virginia general partnership (the "Company"), for the issuance by the Suffolk Redevelopment and Housing Authority (the "Housing Authority") of its housing revenue bond or bonds in an amount not to exceed $8,000,000 (the "Bonds") to assist in the financing of the Company's acquisition and renovation of a 216-unit multi-family residential rental housing project known as Colonial Arms Apartments (the "Project") located at 1801 Colonial Circle, Virginia Beach, Virginia, which Project will reserve at least 20% of the housing units for persons of low or moderate income, and has held a public hearing thereon on December 11, 1984; and WHEREAS, the Housing Authority has held a public hearing on the same matter on December 11, 1984; and WHEREAS, the Authority and the Housing Authority have requested the City Council (the "Council") of Virginia Beach, Virginia (the I ..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 Section 15.1-1378.1, Code of Virginia, 1950, as amended, a copy of the Authority's resolution and the Housing Authority's resolution each approving the issuance of the Bonds, subject to terms to be agreed upon, a copy of the Authority's and the Housing Authority's Fiscal Impact Statement and a reasonably detailed summary of the comments expressed at each public hearing, if any, 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 approves the issuance of the Bonds by the Housing Authority for the benefit of CA Associates, a Virginia general partnership, to the extent required by Section 103(k) of the Internal Revenue Code, and to the extent required by Section 36-19.2 and Section 36-23, Code of Virginia, 1950, as amended, to permit the Housing Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds, as required by Section 103(k), and by Section 36-19.2 and Section 36-23 does not constitute an endorsement of the Bonds or the creditworthiness of the Company, but, as required by Section 36-29, Code of Virginia, 1950, as amended, the Bonds shall provide that neither the City, the Housing Authority 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, the Housing Authority or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on December'% 1984. 17, 2 SUMMARY SHEET CITY OF-VIRGI@!IA BEACH DEVELOPMENT AUTHORITY APPROVAL OF INDUSTRIAL DEVELOPMENT REVENUE BONDS TO BE ISSUED BY SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY Terry/Peterson Associates II Project 1. PROJECT NAME: Chimney Hill Apartments 2. LOCATION: Northwest corner of Addison Street and Chimney Hill Parkw@y 3. DESCRIPTION OF PROJECT: 204-Unit tal Ap rtm Project =-s o@ry G:e@g.. Apaa@t..ennt. 4. AMOUNT OF BOND ISSUE: $10,000,000 5. PRINCIPALS: Frederick J. Napolitano Richard E. Olivieri John H. Peterson, Jr. 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property A-2 b. Is rezoning proposed? Yes No X C. If so, to what zoning classification? N/A The purpo*e of this Resolution is to approve the Suffolk Redevelopment and Housing Authority's issuance of its Special Revenue Bonds for the benefit of Terry/Peterson Associates II (Chimney Hill apartments). 1/ 5/ 8 3 FISCAL IMPACT STATEMENT FOR PROPOSED SPECIAL REVENUE BOND FINANCING DATE: October 30, 1984 TO: THE CITY COUNCIL OF VIRCINIA BEACH, VIRGINIA PROJECT NAME: Chimney Hill Apartments (Terry/Peterson Associates II Project) TYPE OF FACILITY: 204-Unit Rental Apartment Project 1. maximum amount of financing sought $1-0i.QQO,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 6,936,000 3. Estimated real property tax per year using present tax rates $ 55,488 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_ 6. Estimated dollar value per year of goods $5,712,000 - During con- and services that will be purchased struction locally $ -Q4O --T@eafter 7. Estimated number of regular employees on year round basis 8. Average annual salary per employee $ 15.000___- The information contained in this Statement is based solelv on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. City of Virginia Beach Development Authority BY@, C f 7a 1 r-M a-n- l'ItIN('I.5S ANNI@ l@Oltot SCALE I"= 2640 (.5 MILE) PAR 264 FEET 0 2 MILES Wqyv%E v%,t% Apg% (Terry/feterson Associates ii) RESOLUTION APPROVING THE ISSUANCE OF SPECIAL REVENUE BONDS (TERRY/PETERSON ASSOCIATES II PROJECT) WHEREAS, the City of Virginia Beach Development Authority (the "Development Authority") has considered the application of Terry/Peterson Associates II, a Virginia general partnership, or any partnership or corporation of which Frederick J. Napoli- tano is a partner or shareholder (the "Company") to the Suffolk Redevelopment and Housing Authority (the "Housing Authority") for the issuance of the Housing Authority's special revenue bonds in an amount not to exceed $10,000,000 (the "Bonds") pursuant to S 103(b)(4)(A) of the Internal Revenue Code of 1954, as amended, to assist in financing the acquisition, construction, and equipping by the Company of an approximately 204-unit rental apartment project located at the northwest corner of Addison Street and Chimney Hill Parkway in Virginia Beach, Virginia (the "Project") and has held a public hearing thereon on December 11, 1984; and WHEREAS, the Development Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City") to approve the construction of the additional housing and issuance of the Bonds by the Housing Authority to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended, the proposed final Treasury regulations issued thereunder; and WHEREAS, a copy of the Housing Authority's resolution approving the issuance of the Bonds, and a copy of the Develop- ment Authority's resolution recommending approval of the Bonds by the Council, subject to terms to be agreed upon, and a record of the public hearings held thereon has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia approves the additional housing to be provided by the Project and further approves issuance of the Bonds by the Suffolk Redevelopment and Housing 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 Housing Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds, as required by Section 103(k) does not constitute an endorsement of the Bonds or the creditworthiness of the Company, and the Bonds shall provide that neither the City, the City of Suffolk, the Development Authority, nor the Housing 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 -2- taxing power of the Commonwealth of Virginia, the City, the City of Suffolk, the Development Authority, or the flousing Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on December 17, 1984. -3- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY APPROVAL OF INDUSTRIAL DEVELOPMENT REVENUE BONDS TO BE ISSUED BY SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY Terry/Peterson Associates I Project 1. PROJECT NAME: Pembroke Crossing Apartments Intersection of Pembroke Boulevard 2. LOCATION: and Witchduck Road, north of Pembroke Boulevard and east of Witchduck Roaa 3. DESCRIPTION OF PROJECT: 100-Unit Rental Apartment Project 2-Story Garden Apartmentg 4. AMOUNT OF BOND ISSUE: $5,000,000 5. PRINCIPALS: Frederick J. Napolitano Richard E. Olivieri John H. Peterson, Jr. 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property A-2 b. Is rezoning proposed? Yes No X c. If so, to what zoning classification? N/A The purpose of this Resolution is the approve the Suffolk Redevelopment and Housinq Authority's issuance of its Special @even'ue Bonds for the benefit of Terry/Peterson Associates I ipembroke crossing Apartments). 1 1/ 5/ 8 3 FISCAL IMPACT STATEMENT FOR PROPOSED SPECIAL REVENUE BOND FINANCING DATE: October 30, 1984 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Pembroke Crossing Apartments (Terry/Peterson Associates I Project) TYPE OF FACILITY: 100-Unit Rental Apartment Project 1. Maximum amount of financing sought $ 5,999 000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $_, 400,000 3. Estimated real property tax per year using present tax rates $ 26,720 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_ 6. Estimated dollar value per year of goods $2,800,000 During con- and services that will be purchased struction locally $ @--,T@eafter 7. Estimated number of regular employees on year round basis 4 8. Average annual salary per employee $ 15,000 The information contained in this Statement is based solelv on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. City of Virginia Beach Development Authority B Chairmln L YVNIIA YEN INLET 'K O@i SCALE I'- 2640 (.5 MILE) 0 2640 5280 70 ]OW FEET 0 2 MILES EC-T 4 L 0 .7 Z C-T I-A en F- (Terry/Peterson Associates I) s O'@UIL@r. 1. Lv I TC-1/24 Uu 4K A it'r vK @T-,U RESOLUTION APPROVING THE ISSUANCE OF SPECIAL REVENUE BONDS (TERRY/PETERSON ASSOCIATES I PROJECT) WHEREAS, the City of Virginia Beach Development Authority (the "Development Authority") has considered the application of Terry/Peterson Associates I, a Virginia general partnership, or any partnership or corporation of which Frederick J. Napoli- tano is a partner or shareholder (the "Company") to the Suffolk Redevelopment and Housing Authority (the "Housing Authority") for the issuance of the Housing Authority's special revenue bonds in an amount not to exceed $5,000,000 (the "Bonds") pursuant to SS 103(b)(4)(A) of the Internal Revenue Code of 1954, as amended, to assist in financing the acquisition, construction, and equipping by the Company of an approximately 100-unit rental apartment project located at the intersection of Pembroke Boulevard and Witchduck Road, north of Pembroke Boulevard and east of Witchduck Road in Virginia Beach, Virginia (the "Project") and has held a public hearing thereon on De- cember 11, 1984; and WHEREAS, the Development Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City") to approve the construction of the additional housing and issuance of the Bonds by the Housing Authority to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended, the proposed final Treasury regulations issued thereunder; and WHEREAS, a copy of the Housing Authority's resolution approving the issuance of the Bonds, and a copy of the Develop- ment Authority's resolution recommending approval of the Bonds by the Council, subject to terms to be agreed upon, and a record of the public hearings held thereon has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia approves the additional housing to be provided by the Project and further approves issuance of the Bonds by the Suffolk Redevelopment and Housing 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 Housing Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds, as required by Section 103(k) does not constitute an endorsement of the Bonds or the creditworthiness of the Company, and the Bonds shall provide that neither the City, the City of Suffolk, the Development Authority, nor the Housing Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys -2- pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth of Virginia, the City, the City of Suffolk, the Development Authority, or the Housing Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, I Virginia on December 17, 1984. -3- - 54 - Item III-F.4 RESOLUTION ITEM # 22977 ADD-ON Upon motion by Councilman Louis Jones, seconded by Cotmcilman Baum, City Council ADOPTED a RESOLUTION of Mayor Harold Heischober DECLARING a LEGAL HOLIDAY on December 31, 1984. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 17, 1984 - 54a RESOLUTION: LTGAL HOLIDAY WHEREAS: We are at the threshold of a New Year with the Fifth Monday in December being the last day of the year--the only working day before our Holiday, Tuesday, January First; WHEREAS: It is fitting and proper that City Employees like citizens of the City of Virginia Beach observe with reverence our blessings of the year past with anticipation of plans and goals in the new year; and, WHEREAS: In the spirit of giving generously and the thought of allowing our personnel to enjoy the holidays with their families without returning to work one day before the holiday: NOW, THEREFORE, BE IT RESOLVED: That, in accordance with Virginia State Code, Title 17-42(8) and Section 2.83(b) of the Virginia Beach City Code, I hereby declare Monday, December 31, 1984, a LEGAL HOLIDAY for the Municipal employees in the City of Virginia Beach, Virginia, and direct the City Clerk to enter this Resolution in the proceedings of this Regular Session of Virginia Beach City Council this Seventeenth day of December, Nineteen Hundred Eighty-Four, with a copy to the Clerk of Virginia Beach Circuit Court. Given under my hand and seal, Ma3ror December 17, 1984 - 55 - Item III-G CONSENT AGENDA ITEM # 22978 Upon motion by Councilman McCoy, seconded by Councilman Jennings, City Council APPROVED in ONE MOTION Items I through 13 EXCEPT Item 8 which was voted upon separately. Councilman Louis Jones ABSTAINED on Item 4 Councilwoman Henley, Councilman Robert Jones, and Councilwoman Oberndorf VOTED a VERBAL NAY on Item Ii. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: None Council Members Absent: None December 17, 1984 5 6 Item III-G.1 CONSENT AGENDA ITEM 22979 Upon motion by Councilman McCoy, seconded by Councilman Jennings, City Council ADOPTED a RESOLUTION in RECOGNITION to: IVAN D. MAPP COMMISSIONER OF REVENUE This RESOLUTION recognized Ivan D. Mapp's forty years of dedicated service to the City of Virginia Beach. He quietly executed his duties in a manner of re- spect from his peers, subordinates and the community. Said Resolution had been previously presented at the SERVICE AWARDS PROGRAM on December 13, 1984. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 17, 1984 - 56a RESOLUTION WHEREAS: The City Council, being the governing body of the City of Virginia Beach, pauses in its deliberations of public concerns to pay tribute to a man who has contributed much, whose dedication is untiring and for whom much respect and admiration are expressed: I V A N D. M A P P WHEREAS: Ivan Mapp has served the City as Commissioner of Revenue since 1950 and will retire December Thirty-First with forty years of service. His community dedication has included service as a Virginia State Police Officer, Clerk of Trial Justice and Chief of Police in Princess Anne County. He was a prominent entity of the merger in 1963 and has assisted the City in overseeing taxable revenue that has assured Virginia Beach maintain the enviable position it enjoys throughout the Commonwealth of Virginia; and, WHEREAS: In the course of our lives, there are many persons who attain fame and great wealth for services they render. Yet there are many who render such services for their fellowmen at great personal sacrifice who are quiet and unassuming in their mode of life to place more value on the well-being of others than on praise or monetary gain. THEREFORE, BE IT RESOLVED: That on behalf of the citizens of Virginia Beach, the Members of City Council recognize this dedicated, tireless public servant, administrative head and Constitutional Officer who quietly executed his duties in a manner of respect from his peers, subordinates and the community -- one who has had time to listen, wisdom to ponder and the foresight to expedite -- a real Southern Gentleman -- the SAGE of Virginia Beach. BE IT FURTHER RESOLVED: That this Resolution be framed for presentation at the Service Awards Program on December Thirteenth with a copy for adoption at the next regular meeting of City Council December 17, 1984. Given under my hand and seal, Mayor December 17, 1984 - 57 - Item III-G.2 CONSENT AGENDA ITEM # 22980 Upon motion by Councilman McCoy, seconded by Councilman Jennings, City Council ADOPTED an Ordinance to amend and reordain Section 2-226 of the Code of the City of Virginia Beach, Virginia, pertaining to CITY DEPOSITORIES generally. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 17, 1984 57a Requested by: City Treasurer AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-226 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO CITY DEPOSITORIES GENERALLY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-226 of the Code of the City of Virginia Beach, Virginia, pertaining to City depositories generally, is hereby amended and reordained to read as follows: Section 2-226. City depositories generally. (a) The city treasurer is authorized to deposit or cause to be deposited all funds of the city in any of the following listed banks or savings and loan associations: (1) ATLANTIC NATIONAL BANK; (*2) BANK OF THE COMMONWEALTH; (23) BANK OF VIRGINIA; (a4) BANK OF VIRGINIA BEACH; (45) BAY SAVINGS BANK; (66) CENTRAL FIDELITY BANK; (47) CITIZENS TRUST BANK; (8) COMMERCE BANK; (@9) DOMINION NATIONAL BANK; (840) FIRST AMERICAN BANK OF VIRGINIA; (911) FIRST VIRGINIA BANK OF TIDEWATER; (10+2) SOVRAN BANK, N.A.; (41/213) UNITED VIRGINIA BANK; i+2@--viRe*N*A-aBheH-BANK-ep-eemmBRear (4314) ATLANTIC PERMANENT SAVINGS AND LOAN ASSOCIATION; (4415) CITIZENS SAVINGS AND LOAN ASSOCIATION; (4916) DOMINION FEDERAL SAVINGS AND LOAN ASSOCIATION; (4617) FIRST AMERICAN SAVINGS AND LOAN ASSOCIATION; (4718) HOME FEDERAL SAVINGS AND LOAN ASSOCIATION; (4819) INVESTORS SAVINGS AND LOAN ASSOCIATION; (4920) LIFE FEDERAL SAVINGS AND LOAN ASSOCIATION; December 17, 1984 57b (2021) MUTUAL FEDERAL SAVINGS AND LOAN ASSOCIATION; (2422) SEABORD SAVINGS AND LOAN ASSOCIATION; (2223) VIRGINIA BEACH FEDERAL SAVIN(.S AND LOAN ASSOCIATION; (2824) VIRGINIA FEDERAL SAVINGS AND LOAN ASSOCIATION. (b) No money shall be deposited in any bank or savings and loan association referred to in this section until the bank or savings and loan association has complied with the Virginia Security for Public Deposits Act, aS amended, and other provisions of state law. Adopted this 17 day of December 1984, by the Council of the City of Virginia Beach, Virginia. NES/re 12/6/84 (ORD H) APPROVED AS TO CONTENT EPAItTMENT AITO, R TT, "y December 17, 1984 -2- - 58 - Item III-G.3 CONSENT AGENDA ITEM # 22981 Upon motion by Councilman McCoy, seconded by Councilman Jennings, City Council ADOPTED the following Ordinances: ORDINANCE TO AMEND AND REORDAIN SECTION 31-61 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO REFUSE DISPOSAL FEES, EFFECTIVE FEBRTJARY 1, 1985; AND, ORDINANCE TO AMEND AND REORDAIN SECTION 31-61 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO REFUSE DISPOSAL FEES, EFFECTIVE JULY 1, 1985. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 17, 1984 - 58a - AN ORDINANCE TO AMEND AND REORDAIN SECTION 31-61 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO REFUSE DISPOSAL FEES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. Sec. 31-61. Use charges. (a) There shall be a fee of ten sim dollars and seventy-five-cents ($10.00) +06745@ per ton, or a three two dollar ($3.00) (02700+ minimum charge for less than one ton, or any part thereof, for all sanitary solid waste, refuse, debris or garbage generated solely within the city and deposited at the city refuse disposal areas; provided, however, that residents of the city depositing sanitary solid waste, refuse, debris or garbage generated solely from their households may deposit the same free of charge. (b) There shall be a fee of seventy-five cents ($0.75) per tire for cutting and disposing of tires at the City refuse disposal areas, or disposing of same at the refuse transfer stations operated by the city. (c) There shall be a fee of six dollars ($6.00) per ton for all sanitary solid waste, refuse, debris or garbage deposited at any refuse transfer stations operated by the city. This fee is in addition to the landfill user charge seventy-five-eents-+0674S+-per-ton as provided in paragraph (a) above. This Ordinance shall become effective February 1, 1985. Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 day of December 1984. MES/re 12/13/84 F- (ORD H) r 17, 1984 - 58b - AN ORDINANCE TO AMEND AND REORDAIN SECTION 31-61 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO REFUSE DISPOSAL FEES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. Sec. 31-61. Use charges. (a) There shall be a fee of thirteen ten dollars and ($13.00) @O+OTO" per ton, or a four three dollar ($4.00) +o3rGG+ minimum charge for less than one ton, or any part thereof, for all sanitary solid waste, refuse, debris or garbage generated solely within the city and deposited at the city refuse disposal areas; provided, however, that residents of the city depositing sanitary solid waste, refuse, debris or garbage generated solely from their households may deposit the same free of charge. (b) There shall be a fee of seventy-five cents ($0.75) per tire for cutting and disposing of tires at the City refuse disposal areas, or disposing of same at the refuse transfer stations operated by the city. (c) There shall be a fee of six dollars ($6.00) per ton for all sanitary solid waste, refuse, debris or garbage deposited at any refuse transfer stations operated by the city. This fee is in addition to the landfill user charge as provided in paragraph (a) above. This Ordinance shall become effective July 1, 1985. Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 day of December 1984. MES/re 12/13/84 (ORD H) L ('l rY A I I December 17, 1984 - 59 - item III-G.4 CONSENT AGENDA ITEM # 22982 Upon motion by Councilman McCoy, seconded by Councilman Jennings, City Council ADOPTED an Ordinance, on SECOND READING, to appropriate funds of $36,450 for SITE ACQUISITIONS at Landstown Road and Holland Road (R.G. MOORE). Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, J. Renry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None Council Members Abstaining: Louis R. Jones December 17, 1984 59 tiN CIRL)lNi%N@h FUND:S OF Fok ACWUI!SITION!i AT LhNI)STCjwN kCJAL) AND HOLLAND RUAD WALlhEAS, R. G. Moore boa donatod $b(,,O()i@ to the city lor acquiring proporti*,& abutting Latid@towt& Road and Hcliol,,j Rood. aria WHL-REAS, at June 30, 1964, funda of 013,550 had bel, expendwd 3r oncumberwd to purcha"w a portion oi tha prop.x-tic.4i, and WHERFzAS, the Department of Public Workr. desires thdt C'tY Council provide the b.lancj Oi the donatio, t, ttl& Fy dt budg0t Of thO RL-41 4.%tate ofitc,& in order to purci,aais tne propertier.. THERFFORE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that fund,. of li3E,,4!5C) be appropri4t@d to th- 0-partment of Public Work*., k@4i Eutata office jol &,tw acqui6ition4a qt Landstown Road and Hoji0nd krad. btE 11' FURTHER ORDAINED that local General Fund be in,:reacod by rP36,450 to oifr-et tha appropriation. Adopted by the Council of the City oi Virginia bcacn cn the -17 __ day of December 19 84 --------------------------- ------ First R@caing--December 10,-1984 --------------- Second Reading December 17, 1984 ----------------- ------------ December 17, 1984 - 60 - Item III-G.5 CONSENT AGENDA ITEM # 22983 Upon motion by Councilman McCoy, seconded by Councilman Jennings, City Council ADOPTED an Ordinance, on SECOND READING, to revise the Section VIII existing HOUSING PROGRAM BUDGET for FY 85 ($3,138). Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 17, 1984 60a AN ORDINANCE TO REVISE THE SECTION VIII EXISTING HOUSING PROGRAM BUDGET FOR FY 85 WHEREAS, the Council of the City of Virginia Beach, Virginia has entered into a contract with the Virginia Housing Development Authority (VHDA) for funding the Section VIII Housing Program for FY 85; and WHEREASS VHDA has notified the city of a revision to the original contract which will increase the operating budget for PY 85 by $3,138; and WHEREAS, the budget revision will allow for a salary increase for the Program Specialist and Prograni Assistant effective November 1 as suggested by the City's recent Job Audit; and WHEREAS, the Office of Housing and Community Development (HCD) will continue to administer the program which assists in housing low and moderate income persons. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to accept the revised funding for the City, and additional funds are hereby appropriated for the City's Section VIII Housing Program in the amount of $3,138. BE IT FURTHER ORDAINED that estimated revenue front VIIL)A be reduced by $6,706. and estimated revenue from FY 84 earned surplus be recognized in the amount of $9,844. Adopted by the Council of the City of Virginia Beach, Virginia on this 17 day of December 1984 FIRST READING: December 10, 1984 SECOND READING: December 17, 1984 December 17, 1984 "A BEACH INDEX DITCH ROADS PA\. ROADS UNF TREE LINE SIDEWALK CITY BOUNDARY RAILROAD BOROUGH BOUNDARY EMBANKMEI 1 d) - 61 - Item III G.6 CONSENT AGENDA ITEM # 22984 Upon motion by Councilman McCoy, seconded by Councilman Jennings, City Council APPROVED an Ordinance, on FIRST READING, to appropriate $85,000 to charge-off a loan due from the VIRGINIA BEACH MARITIME HISTORICAL MUSEUM, INC. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent; None December 17, 1984 61a AN ORDINANCE TO APPROPRIATE $85,000 To TO CHARGE-OFF A LOAN DUE FROM THE VIRGINIA REACH MARITLY4E HISTORICAL MUSEUM, INC. WHEREAS, the Virginia Beach Maritime Historical Museum, Inc. has an outstanding liability in principal amount of $85,000 to the City of Virginia Reach as evi- denced by an installment note dated February 24, 1981, and WHERFAS, City Council deems it appropriate to relieve the Museum of repaying this debt, including interest, by charging-off the loan amount. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA REACH, VIRGINIA that $85,000 be appropriated from the General Fund Balance to charge-off the loan of the Virginia Reach Maritime Historical Museum, Inc. BE IT FURTHER ORDAINED that the City Manager is authorized to return the original note to the Museum. This ordinance shall be in effect from the dale of its adoplion. Adopted by the Council of the City of Virginia Reach, Virginia on day of 1984. FIRST READING: December 17, 1984 SECOND READING: JCM/ORD/33 December 17, 1984 - 62 - Item III-G.7 CONSENT AGENDA ITEM # 22985 Upon motion by Councilman McCoy, seconded by Councilman Jennings, City Council APPROVED an Ordinance, on FIRST READING, to appropriate $5,500,000 for various engineering and highway projects (REVENUE SHARING ALLOCATION). Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 17, 1984 - 62a AN ORDINANCE APPROPRIATING FIVE MILLION FIVE HUNDRED THOUSAND DOLLARS ($5,500,000) FOR VARIOUS ENGINEERING AND HIGHWAY PROJECTS (REVENUE SHARING ALLOCATION) WHEREAS, City Council desires to provide needed engineering and highway projects for the citizens of Virginia Beach, and WHEP,EAS, it is anticipated that the City will receive fr- Federal Revenue sharing $5,500,000 in the aixteenth entitlement period. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that funds are to be made available under the Revenue Sharing Program (State and Local Fiscal Assistance Act of 1973 amended) for the period of OcLober 1, 1984 through September 30, 1985 be appropriated for the purposes as indicated below: $ 5,500,000 Engineering and Highways 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 day of 1984. FIRST READLNG: December 17, 1984 SECOND READING: APPRo,IED AS TO C014TENT 1,@IIAIIII DEPARIIENT December 17, 1984 KAR/2 ORD8 6 3 Item III-G.8 CONSENT AGENDA ITEM 22986 Timothy Barrow, Chairman of the VIRGINIA BEACH RESORT ARFA ADVISORY COMMISSION, spoke concerning this item Upon motion by Councilman Louis Jones, seconded by Councilwoman Creech, City Council APPROVED an Ordinance, on FIRST READING, to appropriate funds totalling $1,862,805 to implement the immediate action program as proposed by the VIRGINIA BEACH RESORT AREA ADVISORY COMMISSION. The Commission is to report to City Council quarterly on their activities. Voting: 9-2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr.,D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: Barbara M. Henley and Vice Mayor Reba S. McClanan Council Mmebers Absent: None - 63a AN ORDINANCE TO APPROPRIATE FUNDS TOTALING $1,862,805 TO IMPLEt4ENT THE IMMEDIATE ACTION PROGRAM AS PROPOSED BY THE VIRGINIA BEACH RESORT AREA ADVISORY COMMISS10N WHEREAS, the Initial Report of October 22, 1984 prepared by the Virginia Beach Resort Area Advisory Commission recommended an Immediate Action Program to improve the image of the Resort City, and WHEREAS, the Program called for corrective actions, demonstration projects, and continuing efforts, and WHEREAS, the City Manager and his staff have studied the report and at the request of City Council have determined the financial impact to the City to implement the Program, and WHEREAS, the Program is estimated to cost $1,862,805 during the remainder of FY1985 and includes the creation of a Resort Advisory Cormnission, provider for several personnel positions and/or other expen- ditures in several departmenls of Lhe CiLy and establishes a capital pro- ject for the Resort Area Demonstration projects, and WHEREAS, funding for the Immediate Action Program may be provided from the General Fund Balance. NOW, THERFFORE, BE 1T ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of $662,805 be appropriated from the General Fund Balance to provide funds to implement the proposals as listed in the Resort Area Advisory Commission's @ediate Action Program. BE IT FITRTHER ORDAINED that nine personnel positions be established with the classification, pay range and placement to be determined by the City Manager. BE IT FURTHER ORDAINED that the Resort Area Demonstration Projects are hereby established as a capital project and that funds of $1,200,000 are hereby appropriated from the General Fund Balance for this project. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on day of 1984. FIRST READING: December 17, 1984 SECOND REAT)ING: JCM/ORD/31 APPROVED AS TO CONTENT ,@ic @.@,ATt'R December 17, 1984 DL?ARI@IA!NT 'A A @@ F - 64 - Item Ill-G.9 CONSENT AGENDA ITEM # 22987 Upon motion by Councilman McCoy, seconded by Councilman Jennings, City Council ADOPTED an Ordinance to transfer funds between projects included in the 1980 WATER AND SEWER BOND REFERENDUM. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McCianan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 17, 1984 - 64a - AN ORDINANCE TO TRANSFER FUNDS BETWEEN PROJECTS INCLUDED IN THE 1980 WATER AND SEWER BOND REFERENDUM WHEREAS, on August 27, 1980 City Council authorized $46,000,000 Water and Sewer Referendum Bonds which were approved by the qualified voters of the city in an election held on November 4, 1980, and WHEREAS, based on the actual project costs and the most recent cost estimates from the Department of Public Utilities, there is a need to transfer those bond funds among the respective referendum projects, in order to provide sufficient funds for each project, and WHEREAS, the transfers are based on the project costs estimated in the Proposed FY 1985-FY 1989 Capital Improvement Program. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA REACH, that 1980 Water and Sewer Referendum Bond funds be trans- ferred between projects within the referendum issue as shown in Exhibit A, to update accounting records to reflect the revised cost estimates as shown in the Proposed Capital Improvement Program. Adopted by the Council of the City of Virginia Beach on the 17 day of December 19 sz, APpROVED AS TO CONTENT DEPAP,TMENT 4, T R C', 'T December 17, 1984 KAR/2 ORD7-1 - 64b - EXHIBIT A CITY OF VIRGINIA REACH, VIRRINIA PROPOSED APPROPRIA,rtONS TRANSFERS IN THE 1980 WATER AND SEWER REFERF.ND[IM FUND Tc.insfer Froin: 5-622-Shipps Corner Road Main 128,000 llnder design 5-711-Centerville Turnpike Main 215,000 No activity 5-836-Landatown Shop Modifications 4,000 CoMpleLed 5-837-Recreation Drive - South Lynnilaven Parkway 362,000 No activity 5-913-PresidenLial Boulevard Main 778,000 On hold 5-948-Lynnhaven Parkway Main - Phase VI 429,000 Design completed 5-950-Virginia Reach Boulevard - Phase L 544,000 Under design 5-952-Providence Road Main-PhaHe V 86,700 No activity 5-957-Diamund Springs Road Main 5,000 tlnder conalruction 6-807-Old Dam Neck Road 1,085,000 No activily 6-809-Salem Road 1,065,000 No activity 6-815-Infiltration, Inflow and RehabiliLation 760 On-going project 6-824-Various Hiehwav Projects 27,000 on-going project 6-825-Virginia Reach Boulevar(i - Phase 1 310,000 Under design 6-903-Lynnhaven Colony t65,000 Completed 6-915-Witchduck Road 50,000 llnder design Total Transfers Frum $ 5,254,46n Transfer To: 5-304-SmilL Line Improvements $ 250.000 On-going project 5-306-Water Request and Agreement 165,105 On-going project 5-713-Landstown Suction Main 390,000 No activity-to fully fund project 5-835-Lynnhaven Pump Station Modifications 1,125,000 [Jnder design 5-925-Landstown Pump Station Modifications 40,000 No activity-to fully fund project 5-928-WiLchduck Road Main - Phase Ii 1,100 CompleLed 5-934-Independence Boulevard Timberlake 500 Completed 5-936-Ceneral Booth Boulevard Phase 1 15,000 Under construction 5-939-Kempavilte Suction main Phase Li 475,000 No activity-to fully fund project 5-956-Holland Road - Phase IV 4,000 Under design 5-964-Water Resources 569 Under design 5-981-Rayside-Diamond Springs Road 155,000 No activity-was part of 5-304 5-q89-Kempavilie Road Main - Phase LIA 89,000 No activity-was part of 5-932 5-99U-Virginia Beach Boulevard - Phase It 1,385.000 No activity-was part of 5-950 6-316-Various Sewer Projects 212,886 On-going project 6-605-Pump Station Modifications 200,000 On-going project 6-808-CaLewood Park 93,000 Under design 6-827-Lake Shores 8,600 Completed 6-829-Landstown Shop Improvements 186,000 Completed 6-829-Avalon Terrace 3,700 Completed 6-917-Holiand Road - Phase IV 55,000 Under design 6-954-Virginia Reach Butilevard - Phise Ll 400,000 No activity-was part of 6-825 Total Transfers To $ 5 214 460 Net Change -0- December 17, 1984 - 65 - Item 111-G.10 CONSENT AGENDA ITEM # 22988 Upon motion by Councilman McCoy, seconded by Councilman Jennings, City Council ADOPTED an Ordinance to transfer funds of $20,615 within the DEPARTIAENT OF SOCIAL SERVICES for DATA PROCESSING EQUIPMENT, Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 17, 1984 - 65a - AN ORDINANCE TO TRANSFER FUNDS OF $20,615 WITHIN THE nEPART14ENT nF SOCIA]. SERVICES FOR DATA PROCESSING EQUIPMENT WHEREAS, the Department of Social Services has indicated a need for dala procesaing equipment which will improve pro- ductivity in its office, and WHEREAS, the request is for five microcomputers, five printers, and necessary software at a total estimated cost of $20,625, and WHERFAS, the department has the necessary funds for this purchase within its budget from excess funds in contractual services and by substitution in capital outlay. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of $20,625 be transferred from available sources within the budget of the Department of Social Services for the purchase of dala pro- cessing equipment This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, 17 December Virginia on day of 1984. JCM/ORD/35 December 17, 1984 - 66 - Item III-G.11 CONSENT AGENDA ITEM # 22989 Upon motion by Councilman McCoy, seconded by Councilman Jennings, City Council ADOPTED an Ordinance authorizing certain changes in compensation for certain CITY COUNCIL APPOINTEES. Voting: 8-3 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Barbara M. Henley, Robert G. Jones, and Meyera E. Oberndorf Council Members Absent: None 66a AN ORDINANCE AUTHORIZING CERTAIN CHANGES IN COMPENSATION FOR CERTAIN CITY COUNCIL APPOINTEES WHEREAS, City Council has provided for a merit increase for full-time permanent employees, and WHEREAS, based on this system, City Council desires to make certain chanqes in compensation for certain City Council appointees, and WHEREAS, these changes in compensation will require additional funds for FY85 of $3,171 in salaries and fringe benefits for those positions affected. WHEREAS, the necessary funds are available by transfer within the respective department budgets. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that the following changes in compensation for Council appointees are hereby approved: 1. City Assessor - Increase salary 5% effective January 1, 1985 2. City Attorney - Increase salary 2 1/2% effective January 1, 1985 3. City Clerk - Increase salary 5% effective January 1, 1985 BE IT FURTHER ORDAINED that appropriations totaling $3,171 be transferred within the respective department budgets to provide for these changes in compensation for these positions. This ordinance shall be effective from the date of its adootion. Adopted by the Council of the City of Virginia Beach, Virginia on 17 day of December 1 1984. December 17, 1984 - 67 - item III-G.12 CONSENT AGENDA ITEM # 22990 Upon motion by Councilman McCoy, seconded by Councilman Jennings, City Council APPROVED the following BINGO/RAFFLE PERMITS: Bingo/Raffle Permits: District Eight Little League Friends of Roller Skaters Roma Lodge #254 Aragona Community Recreation Center Hebrew Academy of Tidewater Gymstrada Team Parents Association Chesapeake Bay Skating Club Old Dominion Aquatic Club Star of the Sea School Hampton Road Youth Hockey Virginia Beach Skating Club Church of Ascension Aragona/Pembroke Little League Plaza Little League Filipino Women's Club of Tidewater Virginia Saint Matthews Catholic Church Men's Club of Saint Gregory Catholic Church Raffle Permits: Virginia Beach Moose Lodge #1998 Frank W. Cox Band Parents Association Great Neck Wrestling Club, Inc. Malibu Elementary School PTA Bingo Permits: Saint Nicholas Greek Orthodox Church Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 17, 1984 - 68 - Item III-G.13 CONSENT AGENDA ITER # 22991 Upon motion by Councilman McCoy, seconded by Councilman Jennings, City Council ADOPTED an Ordinance authorizing Tax Refunds upon application of certain persons and upon certification of the Treasuter for Payment in the amount of $1,661.53 Voting: 11-0 Council Members Voting Aye; John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 17, 1984 FOPtM NO. C.A. 7 - 68a 12/3/84 EML 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 appmved: NANE Tax Type Ticket Exonam- Date Penalty let. Total Yow of Tax Number tion No. Paid W Casper & Virginia B West 84 RE 1/2 91169-5 10/25/83 135.92 W Casper & Virginia B West 84 RE 2/2 91169-6 615/84 135.92 W Casper & Virginia 8 West 83 RE 1/2 86069-7 1/7/83 140.22 W Casper A Virginia B West 83 RE 2/2 86069-7 6/5/83 127.48 W Casper & Virginia B West 82 RE 1/2 83283-5 10/23/81 99.54 W Casper & Virginia B West 82 RE 2/2 83283-5 5/10/82 99.54 N J McPherson 84 RE(1/2 57630-7 12/5/83 4.00 M J McPherson 84 RE 2/2 57630-7 6/5/84 4.00 N J McPherson 83 RE 1/2 54619-0 12/5/82 4.00 M J McPherson 83 REi2/2 54619-0 6/5/83 4.00 M J McPherson 82 RE 1/2 52670-1 6/25/82 14.25 M J McPherson 82 RE 2/2 52670-1 6/25/82 13.60 Puritan Foods Inc 83 RE 1/2 66709-5 12/5/82 149.82 Puritan Foods Inc 83 RE 2/2 66709-5 6/5/83 149.82 Puritan Foods Inc 83 RE 1/2 66708-6 12/5/82 3.30 Puritan Foods Inc 83 RE 2/2 66708-6 6/5/83 3.30 Puritan Foods Inc 82 RE 1/2 63859-1 1,2/4/81 2.08 Puritan Foods Inc 82 RE 2/2 63859-1 6/5/82 2.08 Puritan Foods Inc 82 RE 1/2 63860-0 12/4/81 94.39 Puritan Foods Inc 82 RE 2/2 63860-0 6/5/82 94.39 Puritan Foods Inc 81 RE 1/2 61200-2 12/5/80 83.65 Puritan Foods Inc 81 RE 2/2 61200-2 6/5/81 83.65 Puritan Foods Inc 81 RE 1/2 61199-5 12/5/80 1.85 Puritan,Foods Inc 81 RE 2/2 61199-5 6/5/81 1.85 Leander & W M Mitchell 84 RE 2/2 59411-8 5/21/84 56.40 H Lee Barnes Jr 84 pp 8653-1 9/26/84 24.44 Joey L Kovach 84 pp 189454-9 11/19/84 6.54 Shirley I Caravana 84 pp 176755-2 11/9/84 97.50 T Ertell Whigham N/A Pkng 3265 4/17/84 12.00 T Ertell Whighain N/A Pkng 45790 4/17/84 12.00 Total 1,661.53 DEPT. OF LAW This ordinance shall be effective from date of adoptlon. The above abatowngs) totaling c as to $1,661,53 were approved by the Council of the City of Virginia Beach on the 17 day of December, 1984 neasurw Ruth Hodges Smith City Clerk i Clty Attorrwy - 69 - Item III-H.l. APPOINTMENTS ITEM # 22992 Upon NOMINATION by Councilamn Jennings, City Council REAPPOINTED the following members to the COMMUNITY SERVICES BOARD for a three (3) year term beginning January 1, 1985, and ending December 31, 1987: Susan McKenry Helen Via A N D, Upon NOMINATION by Councilman McCoy, City Council APPOINTED the following members to the COMMUNITY SERVICES BOARD for a three (3) year term beginning January 1, 1985, and ending December 31, 1987: Andrew T. Carrington Martin V. Cornetta Burke W. Margulis William A. Schlimgen Carolyn M. Srickland Robert J. Wich Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones December 17, 1984 - 70 - Item III-H.2 APPOINTMENTS ITEM # 22993 Upon NOMINATION by Councilwoman Oberndorf, City Council APPOINTED Marnie Morgan to the VOLUNTEER COUNCIL for a term beginning January 1, 1985 and ending December 31, 1985. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones December 17, 1984 - 71 - Item III-1.1 FLOODFLAIN REGULATIONS COMPREHENSIVE ZONING ORDINANCE ITEM # 22994 Chief Engineer Donald Trueblood presented a proposed draft for a revision to ARTICLE 12 FLOODPLAIN REGULATIONS of the COMPREHENSIVE ZONING ORDINANCE. (Said draft is hereby made a part of the record). The FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) completed a recent flood in- surance study for the City of Virginia Beach on July 17, 1984. This particular study identified two new flood prone areas not previously identified for the City. These areas are known as "regulatory floodways" and "coastal high hazard zones". The major revisions to ARTICLE 12 FLOODPLAIN REGULATIONS are as follows: Section 1201 1. Specifically references the FEMA Study. 2. Formally recognizes the regulatory floodways shown on the new maps. 3. Identifies floodways which have not been maped by FEMA. 4. Designates authority responsible for interpreting the floodplain boundaries. Section 1202 1. Requires notification of any proposed relocation of any channel or watercourse by City to State Water Control Board, FEMA and affected adjacent municipalities. Section 1203 1. Prohibits encroachments into the regulatory floodway that would result in any increase in flood levels. 2. Prohibits variance to #1 above. 3. Prohibits placement of mobile homes in reg- ulatory floodways. Section 1204 1. Adds subsection (a) Coastal High Hazard area with attendant regulations. It will also be necessary to add or amend the following definitions to Section Ill Appendix A, of the COMPREHENSIVE ZONING ORDINANCE to provide for a clear interpre- tation of the amended floodplain ordinance. 1. Development 2. Flood 3. Mobile home 4. Mobile Home Park or Subdivision 5. One Hundred (100) Year Flood 6. Substaintial Improvement 7. Regulatory Floodway 8. Coastal High Hazard Area This Proposed DRAFT is currently being reviewed by FEMA. The final version will be presented to the Planning Commission on January 8, 1985, and then EXPEDITED to City Council for their Meeting on Janaury 14, 1985. The DEADLINE for the re- vision of the FLOODPLAIN ORDINANCE is January 17, 1985. December 17, 1984 - 72 - Item III-I.2 NEW BUSINESS SHOREWOOD ASSOCIATES ITEM # 22995 Richard K. Stell, Engineer with John E. Sirine and Associates, represented the applicant Upon motion by Vice Mayor McClanan, seconded by Councilman Baum, City Council SCHEDULED for the City Council Meeting of January 14, 1985, the request of SHOREWOOD ASSOCIATES for a reduction in the drainage easement requirement. (Ordinances upon application of SHOREWOOD ASSOCIATES for Changes of Zoning from AG-1 to R-8 and from AG-2 to R-8 ADOPTED by City Council on August 20, 1984). This condition is as follows: A dedication along the eastern and southern boundary of this property for an ultimate 200-foot wide drainage easement as per the Master Drainage and Canal Plan. It has been determined that an ultimate 90-foot easement will adequately drain this development and existing upstream properties. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech@ Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay; None Council Members Absent: Robert G. Jones *Verbal Aye December 17, 1984 - 73 - Item III-I.3 NEW BUSINESS COMMUNITY DEVELOPMENT FUNDING ITEM # 22996 Maryanne I. Ustick, Director of Housing and Community Development, spoke concerning this item A motion was made by Councilwoman Henley, seconded by Councilwoman oberndorf concerning CO@ITY DEVELOPMENT FUNDING as per the following: 1. The City will return $505,705 to COMMUNITY DEVELOP14ENT from the WATER and SEWER UNDESIGNATED BALANCE. These funds had been utilized to finance emergency wells. 2. The City will return $400,099 to COMt4UNITY DEVELOPMENT from the GENERAL FUND UNDESIGNATED BALANCE. These funds had been utilized for the Pleasure House Road Project. These funds should be used to expedite cur- rently designated Community Development projects. 3. BIRDNECK ROAD should not be considered a TARGET neigh- borhood street project. SEATACK STREETS Phases III and IV should be included in charter or referendum bond funding. During CAPITAL IMPROVEMENT PROGRAM reviews, other Community Development projects should be reviewed for possible charter bond funding. This item had been moved forward on the AGENDA after Item III-F.la (Resolution approving the projects listed in the proposed CAPITAL IMPROVEMENT PROGRAM for the Fiscal Years 1984-1985 through 1988-1989.) Voting: 4-7 (MOTION DEFEATED TO A NEGATIVE VOTE) Council Members Voting Aye: Barbara M. Henley, Louis R. Jones, Robert G. Jones, and Meyera E. Oberndorf Council Members Voting Nay: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Absent: None December 17, 1984 - 74 - Item III-I.4 NEW BUSINESS GENERAL SERVICES ITEM # 22997 ADD - ON The City Manager ANNOUNCED the Appointment of David M. Grochmal as new DIRECTOR of GENERAL SERVICES, replacing Reeves Johnson, effective January 1, 1985. David M. Grochmal was formerly Assistant to the City Manager for Inter-governmental Affairs. December 17, 1984 - 75 - Item III-K.1 ADJOURNMENT ITEM # 22998 Upon motion by Councilman Bauat, City Council adjourned the meeting at 8:35 p... Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Pentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones 1. erl 0. @.ok@ Deputy City Clerk Ru odg.., Si h, CMC IML er City Clerk City of Virginia Beach Virginia /bh December 17, 1984