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NOVEMBER 19, 1984 MINUTES "WORLD'S LARGEST RESORT CITY" Cny COUNCIL MAYOR HAROLD HEISCHOBEX At L.,g@ VICE-MA YOR REBA S. VCLANAN, A- B-gh JOHN A. BAUM, Bi-k-I., B-gh NANCY A. CREECH, At L-9- ROBERT E. FENTRESS, VO@ B-h B-gh BARBARA M. HENLEY, P..g. B-gh H JACK JENNINGS, JR., L@@@- B-gh LOUIS R. JOAES, B.Y.,d. B-gh ROBERT G. JOAIES. Al L.,g, J. HENRY M@COY, JR., K-p,@ B-gh MEYERA E. OBERNDORF. Al L.@9@ 281 CITY HALL BUILDING MUNICrPAL CE=R RU'rH HODGES SMITH, CMC, Cly CLk CITY COUNCIL AGENDA VrRGrNIA BEACH VIRGINIA 23456.YM (804i 427-4303 November 19, 1984 Virginia Beach City Council PUBLIC HEARING Comprehensive Plan - Council Chambers - 11:30 AM ITEM 1. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conterence Room - 1 PM A. CALL TO ORDER - Mayor Harold Heischober B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM 11. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2 PM A. INVOCATION: Father James R. Guttendorf Saint Matthews Catholic Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF COUNCIL D. CITY MANAGER'S ADMINISTRATIVE ITEMS 1. Review of Consent Agenda E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS ITEM II. F. MINUTES OF PREVIOUS MEETING 1. Motion to accept/approve the Minutes.of November 5, 1984. Ge PRESENTATIONS 1. Resolution in Recognition to Mary Sigillo Barraco 2. United Way Presentations He PLANNING Ordinance closing, vacating and discontinuing a portion of Lee Street (Old Virginia Beach Road and Old County Road) in the petition of Runnymede Corporation (Virginia Beach Borough). Letter from the City Manager transmits the recommendation of the Planning Commission, and the Viewers concur, for denial. Ordinance closing, vacating and discontinuing a portion of Painter's Lane in the petition of Lakeside Construction Corporation (Princess Anne Borough). (This matter was deferred indefinitely on October 15, 1984.) Letter from the City Manager transmits the recommendation of the Planning Commission for approval, and the recommendation of the Viewers for indefinite deferral. Application of Littleton C. Hudgins for a conditional use permit for multiple-family dwellings on a 2.4-acre parcel located at the northwest corner of Mediterranean Avenue and 18th Street (Virginia Beach Borough). Letter from the City Manager transmits the recommendation of the Planning Commission for approval. Application of Exxon Corporation for a conditional use permit for an automobile service station on a 24,002-square foot parcel located on the north side of Virginia Beach Boulevard, west of Pacific Avenue (Virginia Beach Borough). Letter from the City Manager transmits the recommendation of the Planning Commission for approval. Application of Nicholas J. Hutsko for a conditional use permit for an automobile repair establishment on a 23,697- square foot parcel located on the south side of Indian River Road, east of Kempsville Road (Kempsville Borough). Letter from the City Manager transmits the recommendation of the Planning Commission for approval. ITEM 11. H. PLANNING (CONT'D) 6. App Ii cation of Kin der Care Chi Id Care Center, Inc. tor a con d i t i ona I use perm i t f or a ch i I d care center on a 1 .64- acre parcel located on the north side of Indian River Road, east of Parkland Lane (Newligtit Target Area) (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. 7. RECONSIDERATION: Application of Baymark Construction Corporation for changes of zoning from B-2 Community- Business District to R-8 Residential District upon two parcels at Englewood Drive and Oceana Boulevard totalling 9.83 acres (Princess Anne Borough). 8. Appl ication of Burlage Corporation for a chane oft zonting from B-5 Resort-Commercial District to H-2 Rsr H. el District on a 14,000-square foot parcel located at the southwest corner of Atlantic Avenue and Norfolk Avenue (Virginia Beach Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission to allow withdrawal. 9. Application of R. G. Moore Building Corporation for a change of zoning from R-8 Residential District to A-1 Apartment District on a 30,491-square foot parcel located south of Bonney Road, west of Ewell Road (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 10. Application of R. G. Moore Building Corporation for a change of zoning from R-4 Residential District to R-8 Residential District on a one-acre parcel; AND, a change of zoning_ from AG-1 Agricultural District to R-8 Residential District on a 4.4-acre parcel. These undeveloped parcels are located at the southern terminus of Jessica Lane, adjacent to the Salem Lakes development (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 11. Application of Rose M. Faris for a change of zoning from R-6 Residential District to B-2 Community-Business District on a 7.214-acre parcel; AND, the appl ication of Isabel I M. Cross for a change of zoning from R-6 Residential District to 6-2 Community-Business D i str i ct on a 7. 558-acre parce I . These parcels are located on the south s i de of I nd 1 an Ri ver Road, east of Kempsv i I I e Road (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval of both applications. ITEM 11. H. PLANNING (CONTID) 12. App I 1 cat i on of Sh I r I ey B. Robb i ns f or a change of zon i ng f rom R-5 Res i dent i a I D i str i ct to 0- I Of f 1 ce D i str i ct on a 37,462-square toot parcel located on the east side of Kempsville Road, south of Locke Lane (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 13. Appl ication of NAVPHIBASE Federal Credit Union for a change of zoning from R-4 Residential District to 0-1 Office District on a 2.7-acre parcel located on the north side ot Wishart Road, east of Independence Boulevard (Bayside Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. 14. Appl ication of Frank H. and Mary J. Cirer for a variance to Section 4.4(b) of the Subdivision Ordinance which requires that lot dimensions conform to the Comprehensive Zoning Ordinance. The appl !cants wish to subdivide a 3,636-square foot parcel ( .083 acre) into two lots, each with 1,818 square feet (.042 acres). The site is located on the west side of Great Neck Road, north of Breezy Road (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. 15. Application of Jay W. White 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 a 58,233-square foot (1.337) acre parcel into two lots with 30,000 square feet of lot area in one and 28,233 square feet of lot area in the second. The site is located on the west side of Baden Avenue at its intersection with Elgin Road (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. 16. Ordinance to amend and reordain Article 9, Sections 932 and 934 of the Comprehensive Zoning Ordinance pertaining to lot area, width, yard, density, height, lot coverage, and recreation space requirements in the B-4 Resort Commercial District. a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 1. RESOLUTIONS/ORDINANCES 1. Industrial Development Revenue Bonds a. Albic, Inc. ($3,000,000) b. Great Neck Village Associates ($300,000) c. Newtown Square Asso6lates ($4,000,000) d. Essex Properties Associates 1984 (formerly Smith Family Associates) ($1,200,000) e. Sandcastle Motel, Inc. ($2,700,000) f. Northampton Business Center Associates Project (formerly Northampton Corporate Park Associates) ($2,000,000) g. U. S. Habitats ($2,700,000) ITEM 11. 1. RESOLUTIONS/ORDITANCES (CONT'D) h. Oceana Associates Facility ($3,000,000) 1. Mast Associates ($10,000,000) j. Dam Neck Shopping Center Associates ($8,500,000) k. Blue Marlin Motel, Inc. Facility ($500,000) 1. Rowe Properties Oceana ($2,700,000) 2. Special Revenue Bonds a. Resolution approving the issuance of Special Revenue Bonds from the Suffolk Redevelopment and Housing Authority in the amount of $5,000,000 to Birdneck Apartment Associates. 3. General a. Resolution endorsing the City of Virginia Beach 1985 Legislative Proposals. J. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Resolution in Recognition to Mary Sigillo Barraco. 2. Resolution approving the permit for Eastern Virginia Ambulance Service to operate Advanced Life Support Mode. 3. Resolution authorizing the City Manager to execute an agreement between the City of Virginia Beach and the Virginia Beach Municipal Employees Federal Credit Union to allow the Credit Union to lease a parcel of City owned property for the purpose of operating a federally- chartered credit union on those premises. 4. Ordinance to amend and reordain Section 27-21 and ADD Sections 27-24 and 27-25 to the Code of the City of Virginia Beach, Virginia, pertaining to unclaimed property in possession of Police Department. 5. Ordinance, on SECOND READING, to transfer Capital Projects appropriations to provide for current needs of projects included in the preliminary FY 1985-1989 CIP. 6. Ord*inance, on SECOND READING, to appropriate funds of $864,280 to the School Operating Fund for the Health Insurance Program. 7. Ordinance, on SECOND READING, to appropriate funds of $71,868 for the Federal Food Stamp Employment Service Program. 8. Ordinance, on SECOND READING, to accept and appropriate f unds of $36,341.00 from the Southeastern Virginia Areawide Model Program (SEVAMP). 9. Ordinance, on FIRST READING, to appropriate funds of $29,600 to establish a budget unit within the Department of Parks and Recreation for self-supporting programs. 10. Ordinance, on FIRST READING, to appropriate funds of $14,535 for the Law Library. 11. Ordinance to transfer funds of $20,000 from the General Fund Reserve for Contingencies for tax exemption for the elderly. 12. Ordinance to transfer funds of $350,000 within the Community Development Program. ITEM 11. J. CONSENT AGENDA (CONT'D) 13. Ordinance to transfer funds of $20,000 within the epartment of Parks and Recreation for ball tield lights. 14. Ordinance to transfer $25,000 of Capital Project Funds to #2-966 Inlynnview Road. 15. Ord i nance to estab I i sh water and sewer Cap i ta I Projects for Alberthas Drive and Congress Street and transfer funds of $200,000 for the utilities extension. 16. Ordinance to authorize a temporary encroachment into a portion of the right-of-way of an unnamed 151 alley to Harold J. Levinson, his heirs, assigns and successors in title. 17. Ordinance appointing viewers in the petition of William R. and Helen H. Holz for the closure of a portion of Ego Drive located east of Matt Lane (Lynnhaven Borough). 18. Ordinance ratifying assessments against abutting landowners for the construction of a storm water sewer from a point in the northwest quadrant of the intersection of Alcott Road and King Richard Drive to a terminus point in the southern right-of-way line of Johnson Street, subdivision of King's Point, in the City of Virginia Beach. 19. Request of the City Treasurer for tax refunds in the amount of $268-60. 20. Request of the Commissioner of the Revenue for license refunds in the amount of $226.95. K. UNFINISHED BUSINESS 1. Abstract of Votes - General Election, November 6, 1984 L. NEW BUSINESS 1. Old Dominion University Presentation on Atlantic Avenue Beautification Project: Dr. Silberman and Dr. Yochum 2. Proposed Sick Leave Ordinance: Dr. Richard Easton 3. Contracting Out Medical Services at Correctional Center: Dr. Richard Easton 4. Presentation of 1985-1989 CIP 5. Joint Legislative Subcommittee Studying Saltwater Sportfishing License (SJR 68) - Public Hearing November 28, 1984 - Pavilion M. ADJOURNMENT 1. Motion to adjourn. REGULAR CITY COUNCIL MEETING NOVEMBER 26, 1984 C A N C E L L E D (National League of Cities Conference) M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia P U B L T C H E A R T N G COMPREHENSIVE PLAN November 19, 1984 11:30 a.m. The PUBLIC HEARING concerning the COMPREHENSIVE PLAN was called to order by Mayor Harold Heischober in the Council Chambers, on Monday, November 19, 1984, at 11:30 in the morning. The following spoke concerning the COMPREHENSTVE PLAN: Michael Savvides, President - Virginia Beach Chapter, Hampton Roads Council of Chamber of Commerce. Mr. Savvides' statement is hereby made a a part of the record. Jo Ryan, President - Princess Anne Plaza Civic League. Coleen Gochicoa, represented Betty Wells of the Virginia Beach Res6rt Area Advisory Commission. V. A. Etheridge, Jr. Helen W. Love, Pungo area Lou Pace, Hunt Club Forest Resident. In attendance were: CITY COUNCTL John A. Baum 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. Meyera E. Oberndorf STAFF Thomas H. Muehlenbeck, City Manager Giles Dodd, Assistant City Manager for Administration J. Dale Bimson, City Attorney Ruth Hodges Smith, CMC, City Clerk Robert Scott, Planning Department Jack Whitney, Blanning Deparrnent Bill Cashman, Planning Department Keith Made, Planning Department Michael Barrett, Assistant to the City Manager Jay Richardson, Assistant City Attorney PLANNING COMMISSION Albert Balko, Chairman November 19, 1984 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 19, 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, November 19, 1984, at 1:00 in the afternoon. Council Members Present: John A. Baum, 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: Nancy A. Creech November 19, 1984 - 2 - ITEM # 22777 Mayor Heischober entertained a moti- to per-mit Council to conduct its EXECU- TIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following Purposes, to be f,lloed 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. 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 Councilman Louis Jones, seconded by Councilman Robert Jones, City Council voted to proceed into the EYECUTIVE SESSION, to be followed by the REGnAR SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Hei,hober, 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: Nancy A. Creech November 19, 1984 - 3 - R E G U L A R S E S S I 0 N VIRGINIA BEACH CITY COUNCIL November 19, 1984 2:00 p.m. Mayor Harold Heischober RECONVENED the Regular Session of the Virginia Beach City Council in the Council Chambers, City Hall Building, on Monday, November 19, 1984, at Two O'Clock in the afternoon. Council Members Present: John A. Baum, 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: Nancy A. Creech INVOCATION: Father Dwight Shrader Saint Matthews Catholic Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA November 19, 1984 - 4 - CITY MANAGER'S ADMINISTRATIVE AGENDA Item II-D.1 CONSENT AGENDA EASTERN VIRGINIA AMBULANCE SERVICE ITEM # 22778 The Resolution approving the permit for EASTERN VIRGINIA AMBULANCE SERVICE to operate Advanced Life Support Mode (See Item II-J.2 of the Consent Agenda) will be discussed and voted upon separately. Item II-D.2 COMMUNITY DEVELOPMENT PROGRAM ITEM # 22779 Councilwoman Henley referenced an Ordinance to transfer funds of $350,000 within the COMMUNITY DEVELOPMENT PROGRAM (See Item II-J.12 of the Consent Agenda). Councilwoman Henley requested a report from the Office of Housing and Community Development concerning the Transfer of these funds from other projects, speci- fically BURTON STATION WATER/SEWER STREETS, REEDTOWN WATER/SEWER/STREETS, NEWSOME FARM STREETS, SEATACK STREETS PHASE IIA, SEATACK STREETS PHASE IIB, SEATACK STREETS PHASE III, AND SEATACK STREETS PHASE IV, to the SEATACK STREETS PHASE I PROJECT. Councilwoman Henley requested information as to how the aforementioned projects will be affected by this transfer and when these transferred funds will be re- placed. November 19, 1984 5 Item II-F.1 MINUTES ITEM # 22780 Upon motion by Councilman Baum, seconded by Councilman Louis Jones, City Council APPROVED the Minutes of November 5, 1984. Voting: 10-0 Council Members Voting Aye: John A. Baum, 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: Nancy A. Creech November 19, 1984 - 6 - Item II-G.1 PRESENTATION ITEM # 22781 Mayor Heischober presented a RESOLUTION IN RECOGNITION to: MARY SIGILIO BARRACO Councilman H. Jack Jennings read this RESOLUTION recognizing the untold sacrifices and tremendous contributions toward freedom of Mary Sigillo Barraco. November 19, 1984 7 Item 11-G.2 UNITED WAY ITEM 22782 The City Manager advised the total amount contributed to the UNITED WAY by City Employees was $107,772.13, representing a seventeen (17%) percent increase over last year. The City Manager extended appreciation to the EXECUTIVE COMMITTEE OF THE UNITED WAY composed of the following; Diane Roche - Public Information Ernie Rorrer - Police Department David Pfitzer - Print Shop Larry Davenport - Finance Department Recognition was also extended to Micbael Barrett for his dedicated leadership in connection with the UNITED WAY. A special acknowledgement was given to Kathleen Hassen as the DRIVING FORCE behind the success of the Campaign. Hugh Patterson, First Vice President of the UNITED WAY CAMPAIGN, congratulated the City Employees and assisted the City Manager in the presentation of AWARDS to the various departments. The CITY CLERK'S OFFICE was recognized as the recipient of the GOID BANNER AWARD. This was the first year a City Department had received a GOTD BANNER AWARD for being within the classification of 75% to 100% of potential. A list of the various awards presented to City Departments is hereby made a part of the proceedings. November 19, 1984 - 8 - UNITED WAY AWARDS CITY CLERK'S OFFICE Gold Banner 75% to 100% of Potential Ruth Smith 100% Participation Beverly Hooks 188% Increase in Giving 41.2% Increase in Potential 81.5% of Potential 194% of Target Achievement Award CITY MANAGER'S OFFICE Silver Banner 60% to 74% of Potential Thomas Muehlenbeck 66.4% of Potential Kathleen Hassen United Way Achievement Award DATA PROCESSING Bronze Banner - 49-59% of Potential Jerald Banagan 125% of Target Judy Cannon PUBLIC INFORMATION OFFICE Bronze Banner - 40-59% of Potential Pam Lingle 11.5% Increse in Potential Irene Harkness Achievement Award GENERAL REGISTRAR'S OFFICE 100% Participation Marlene Hager Achievement Award Gail Labyak SOCIAL SERVICES DEPARTMENT 123% of Target Frances Elrod Jeanne Holcomb Achievement Award Celine Trolley Barbara Vandover Joyce Wood SHERIFF'S OFFICE 117% of Target Sheriff S. J. Smith Achievement Award CITY ENGINEER'S OFFICE Achievement Award Don Trueblood Joy Marshall TRAFFIC ENGINEERING/ PUBLIC WORKS 100% Participation Ed Davin SOLID WASTE/PUBLIC WORKS 100% of Target Wade Kyle Myrt Boulden PUBLIC WORKS/DIRECTORTS OFFICE 171% of Target Oral Lambert 16% Increase in Potential Cheryl Kraemer 116% Increase in Giving 38% Increase in Participation Achievement Award PUBLIC UTILITIES 103% of Target Aubrey Watts PUBLIC LIBRARIES Achievement Award Marcy Sims Karen McFatridge POLICE DEPARTMENT 143% of Target Chief Wall Achievement Award Captain Buzzy PLANNING Achievement Award Robert Scott Keith Mabe PERMITS AND INSPECTIONS Achievement Award Bruce Brinkley PENDLETON CHILD SERVICE CENTER 100% Participation Susan Wilson PRINCESS ANNE MOSQUITO CONTROL KEMPSVILLE-BAYSIDE MOSQUITO CONTROL VIRGINIA BEACH-LYNNHAVEN MOSQUITO CONTROL 100% Participation Debbie McGroarty MENTAL HEALTH/MENTAL RETARDATION Achievement Award Dr. Dennis Wool Joanna McAnulty - 9 - UNITED WAY AWARDS (Continued) MUSEUM OF MARINE SCIENCE 165% Increase in Giving Maylon White 100% Participation Achievement Award JUVENILE PROBATION OFFICE Achievement Award Bruce Bright Linda Rainey HOUSING AND COMMUNITY DEVELOPMENT Achievement Award Maryann Ustick Debbie Quist HEALTH DEPARTMENT 211% of Target Dr. George Sjolund 12% Increase in Potential Ruth Anderson 162% Increase in Giving Achievement Award FINANCE Achievement Award Giles Dodd Larry Davenport CITY ATTORNEY'S OFFICE Achievement Award Dale Bimson R. J. Nutter CLERK OF CIRCUIT COURT'S OFFICE 100% Participation Lori Malbon BUREAU OF ANIMAL CONTROL 100% Participation Ed Duvall AGRICULTURE 21.2% Increse in Participation George Denice Achievement Award CREDIT UNION First-Time Participation Gloria McAlea OCCUPATIONAL HEALTH First-Time Participation Sharon Wilcox Dr. Richard Easton November 19, 1984 - 10 - Item II-G.3 REVISED ORGANIZATIONAL STRUCTURE ITEM # 22783 ADD-ON The City Manager ANNOUNCED his appointments for the Revised ORGANIZATIONAL STRUCTURE of the City. They are as AUBREY V. WATTS, JR. - DEPUTY CITY MANAGER FOR DEVELOPMENT GILES G. DODD - ASSISTANT CITY MANAGER FOR ADMINISTRATION EDGAR DEAN BLOCK - ASSISTANT CITY MANAGER FOR ANALYSIS AND EVALUATION HECTOR A. RIVERA - ASSISTANT CITY MANAGER FOR HUMAN SERVICES All APPOINTMENTS are Effective January 1, 1985. (The Personal Vita of each of the above is hereby made a part of the record). November 19, 1984 Item II-H. I PLANNING ITEM 22784 Attorney Andrew Fine represented the applicant and requested DEFERRAL to allow time to review preliminary plans with the City Staff Upon motion by Councilman Fentress, seconded by Councilwoman Oberndorf, City Council DEFERRED for two weeks (until the City Council Meeting of December 3, 1984), an Ordinance closing, vacating and discontinuing a portion of Lee Street (Old Virginia Beach Road and Old County Road) in the petitioxi of RUNNYMEDE CORPORATION, as per the following: Application of The Runnymede Corporation for the dis- continuance, closure and abandonment of Lee Street (Old Virginia Beach Road and Old County Road) on cer- tain property located on the north side of 21st Street beginning at a point 120 feet more or less west of Cypress Avenue, running a distance of 31.53 feet along the north side of 21st Street, running a distance of 206.3 feet in a northwesterly direction, running a distance of 210 feet more or less in a southwesterly direction, running a distance of 50 feet more or less in a northwesterly direction, running a distance of 340 feet more or less in a northeasterly direction, running a dis- tance of 67 feet in an easterly direction, running a dis- tance of 193 feet in a southwesterly direction and running a distance of 237 feet in a southeasterly direction. Said parcel contains 22,855.9 square feet. VIRGINIA BEACH BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, 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: Nancy A. Creech November 19, 1984 - 12 - Item II-H.2 PLANNING ITEM # 22785 Attorney Grover Wright represented the applicant Eric Anderson, Vice President of Lakeside Construction, was in attendance to respond to any questions Donald Trueblood, City Engineer, spoke concerning drainage Upon motion by Vice Mayor McClanan, seconded by Councilman Baum, City Council ADOPTED an Ordinance closing, vacati.ng and discontinuing a portion of Painter's Lane in tbe petition of LAKESIDE CONSTRUCTION CORPORATION, as per the following: Application of Lakeside Construction Corporation for discontinuance, closure and abandonment of a portion of Painter's Lane beginning at a point 100 feet more or less north of Sandbridge Road and riinning in a northeasterly direction to the southern boundary of proposed Ferrell Parkway. Said parcel contains 3.672 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. Dedication and improvement of right-of-way through the area under development to ensure acceptable improved public access to the residents living along Painter's Lane. 2. The closure of this right-of-way shall be contingent upon compliance with the above-stated condition within 180 days of the approval by City Council. Voting: 10-0 Council Members Voting Aye: John A. Baum, 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: Nancy A. Creech November 19, 1984 - 13 - Item II-H.2a PLANNING ITEM # 22785a. ADD-ON With further reference to the application of LAKESIDE CONSTRUCTION CORPORATION concerning an Ordinance closing, vacating and discontinuing a portion of Painter's Lane, upon motion by Councilman Baum, seconded by Vice Mayor McClanan, City Council stipulated that any change in the natural drainage of the CANAL will be subject to Council APPROVAL; and, property owners shall be notified of any proposed drainage plan. Voting: 10-0 Council Members Voting Aye. John A. Baum, 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: Nancy A. Creech November 19, 1984 1 34 April 25, 1984 CERTIE'ICATE OF VESTING Or TITLE 1, JOSEP[I J. IAWI@ attorney, do hereby c(-,rLify that:- 1. I am an attorney at law and have examined the title to the property of the petitioner, Lakeside Construction Corporation. 2. If the property described below is dis- continued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said property will vest in Lakeside Construction Corporation, the adjacent landowner. The said property referred to lierein is liereby dcscribud as follows: All that certain piece or parcel of land situate, lying and being in the City of -itc@ oi- Virgi-nia, bc,.i.li@] V.i.rg@i-iiizi ]3eacli, SLL tliat part of Painter's Lane shown oil plat entitled "Plat Showing A Portion of Painter's Lane To Be Closed for Lakeside Construction Corporation", Princess Anne Borough, Virginia Beach, Virginia, made Basgier And Associates, dated March, 1984, which plat iB attached to the ordinance of vacation from the City of Virginia Beach, Virginia, to Lakeside Construction Corporation and is to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. -ti. O" - Jos nh J. Lawler Kel Pickrell & Lawler 102@@First Americari Bank Bl.dg. 300 Main Street Norfolk, Virginia 23510-1781. November 19, 1984 13b - CITY OF VIRGINIA BEACH, VIRGINIA TO (ORDINANCE OF VACATION LAKESIDE CONSTRUCTION CORPORATION AN ORDINANCE VACATING AND DISCONTINUING A PORTION OF PAINTER'S LANE, IN PRINCESS ANNE BOROUGH, IN THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, proper notice of the intended application of the applicant, Lakeside Construction Corporation, to be presented to the City Council of the City of Virginia Beach, Virginia, on the _ day of , 1984, for the vacation of the hereinafter described public street in the City of Virginia Beach, virginia, was on the 12th day of June 1984, and on the -19th day of June 1984, duly published twice with six days elapsing between the two publications in a newspaper published or having general circulation in the City of Virginia Beach, Virginia, specifying the time and place of hearing at which affected persons might appear and present their views, in conformity with the manner prescribed by Code of Virginia, Section 15.1-364, for the institution of proceedings for the vacation of a public street; and WHEREAS, said application was made to the City Council of the City of Virginia Beach, virginia, on the day of , 1984, and in conformity with the manner prescribed by Code of Virginia, Section 15.1-364, for the conduct of such proceedings, the City Council of the City of Virginia Beach, Virginia, on the _ day of 0 GROVER C. WRIGHT, JR. @oll ... I... November 19, 1984 - 13c 1984, appointed and as viewers to view such street and report in writing whether in their opinion any, and if any, what inconvenience would result from discontinuing the same, and said viewers have made such report to the City Council of the City of Virginia Beach, Virginia; and WHEREAS, from such report and other evidence, and after notice to the land proprietors affected thereby, along the street proposed to be vacated, it is the judgment of the City Council of the City of Virginia Beach, Virginia, that these proceedingb have been instituted, conducted and concluded in the manner prescribed by code of Virginia, Section 15.1-364, that no inconvenience would result from vacating and discontinuing the portion of said street, and that the portion of said street should be vacated and discontinued; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: 1. That the following portion of Painter's Lane in the Borough of Princess Anne, in the City of Virginia Beach, Virginia, be and the same is hereby vacated and discontinued: All that certain piece or parcel of land, situate, lying and being in the City of Virginia Beach, State of Virginia, being that part of Painter's Lane as shown on plat attached hereto entitled "Plat Showing A Portion Of Painter's Lane To Be Closed for Lakeside Construction Corporation", made by Basgier And ASsociates, dated March, 1984. November 19, 1984 13d - 2. A certified copy of this ordinance of vacation shall be recorded as deeds are recorded and indexed in the name of the City of Virginia Beach, Virginia, as grantor, and in the name of Lakeside Construction Corporation, as grantee, in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, at the expense of the applicant. 3. This ordinance shall become effective thirty (30) days from the date of its adoption. Certified to be a true and exact copy of an ordinance adopted by the City Council of the City of Virginia Beach, Virginia, at its regular meeting held on the day of 1984. TESTE: RUTH SMITH, CITY CLERK By City Clerk November 19, 1984 - 14 - Item II-H.3 PLANNING ITEM # 22786 Attorney Robert Cromwell represented the applicant Upon motion by Councilman Fentress, seconded by Councilman McCoy, City Council ADOPTED an Ordinance upon application of LITTLETON C. ffuDCINS for a Conditional Use Permit per the following: ORDINANCE UPON APPLICATION OF LITTLETON C. HUDGINS FOR A CONDITIONAL USE PERMIT FOR MULTIPLE-FAMILY DWELLINGS R01184691 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGTNIA BEACH, VIRGINIA: Ordinance upon application of Littleton C. Hudgins for a Conditional Use Permit for multiple family dwellings on the northwest corner of Mediterranean Avenue and 18th Street on Lots I thru 15, Block 36. Said parcel contains 2.4 acres. VIRGINIA BEACB BOROUGH. This Ordinance shall be effective upon the date of adoptic)n. Adopted by the Council of the City of Virginia Beach, Virginia, on the Nineteenth day of November, Nineteen Hundred and E@t -- O@ur. Voting: 9-1 Council Members Voting Aye: John A. Baum, 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: Robert G. Jones Council Members Absent: Nancy A. Creech November 19, 1984 - 15 - Item II-H.4 PLANNING ITEM # 22787 Attorney James M. Pickrell represented the applicant Upon motion by Councilman Fentress, seconded by Councilman Louis Jones, City Council ADOPTED an Ordinance upon application of EXXON CORPORATION for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF EXXON CORPORATION FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION R01184692 BE IT HEREBY ORDAINED BY THE COLJNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Exxon Corporation for a Con- ditional Use Permit for an automobile service station on 10 feet of Lot 5 and Lots 7, 9 and 11, Block 30,as shown on Map 2 and recorded in Map Book 280, Page 546. Said parcel is located at 312 Virginia Beach Boulevard and contains 24,002 square feet. VIRGINIA BEACH BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Nineteenth day of November, Nineteen Hundred and Eighty-four. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert C. 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: November 19, 1984 Nancy A. Creech - 16 - Item II-H.5 PLANNING ITEM # 22788 Nicholas J. Hutsko, the applicant, represented himself Mary Broom, resident, represented self and spoke concerning possible unsightliness Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordiannce upon application of NICHOLAS J. HUTSKO for a Conditional Use Permit per the following: ORDINANCE UPON APPLICATION OF NICHOLAS J. ffUTSKO FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR ESTABLISHMENT R01184693 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Ilicholas J. Hutsko for a Conditional Use Permit for an automobile repair estab- lishment on the south side of Indian River Road, 150 feet more or less east of Kempsville Road. Said par- cel is located at 5253 Indian River Road and contains 23,697 square feet. KEMPSVLLLE BOROUGE. The following condition shall be required: 1. The Conditional Use Permit shall be for a period of two years. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virgini.a, on the Nineteenth day of November, Ninet6en Hundred and Eighty-four. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayc)r Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent. Nancy A. Creech NoveTnber 19, 1984 - 17 - Item II-H.6 PLANNING ITEM # 22789 Jim Carr, President of Real Estate Research Associates, represented the applicant John Silvestri, Vice President of Site Development, Inc., represented the applicant Reverend Thomas Jennings, Jr., represented the United Civic League, and registered in OPPOSITION, but did not speak as application was being DEFERRED. Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council DEFERRED,until after a report is given City Council on the TARGET AREA PLAN, an Ordinance upon application of KINDER CARE CHTLD CARE CENTER, INC., for a Conditional Use Permit per the following: ORDINANCE UPON APPLICATION OF KINDER CARE CHILD CARE CENTER, INC. FOR A CONDITTONAL USE PERMIT FOR A CHILD CARE GENTER (NEWLIGHT TARGET AREA) Ordinance upon application of Kinder Care Child Care Center, Inc., for a Conditional Use Permit for a child care center on certain property locard on the north side of Indian River Road, 150 feet more or less east of Park- land Lane. Said parcel is located at 5572 Indian River Road and contains 1.64 acres. KEMPSVILLE BOROUGH. The NEWLIGHT CIVIC LEAGUE will be notified by staff when this application comes back to City Council. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vi.ce Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay. None Council Members Absent: Nancy A. Creech November 19, 1984 - 18 - Item II-H.7 PLANNING ITEM # 22790 Attorney Robert Cromwell represented the applicant Douglas Daughtry, represented the residents of REDWING, and spoke in favor of the applicant. Upon motion by Councilman Louis Jones, Seconded by Councilman Fentress, City Council ADOPTED an Ordinannce upon application of BAYMARK CONSTRUCTION CORPO- RATION for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF BAYMARK CONSTRUCTION CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO R-8 Z01184915 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CTTY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Baymark Construction Corporation for a Change of ZoninR District Cl,@Rification from B-2 Community- Business vistrict to R-8 Residential istrict on parcels north and south of Eaglewood Drive. Parcel 1: Located on the north side of Eaglewood Drive beginning t a po@nt 139.99 feet west of Oceana Boulevard, running a dis- tance of 599 feet more or less along the north side of Eagle- wood Drive, running a distance of 169.74 feet along the western property line, running a distance of 60 feet more or less in a northeasterly direction, running a distance of 590 feet more or less along the northern property line and running a distance of 120 feet along the eastern property line. Parcel 2: Located on the south side of Eaglewood Drive beginning t a Point 190 feet more or less west of Oceana Boulevard, running a distance of 945 feet more or less along the south side of Eagle- wood Drive, running a distance of 50 feet in a southeasterly di- rection, running a distance of 50 feet in a southwesterly direction, running a distance of 50 feet in a northwesterly direction, running a distance of 110 feet more or less in a southwesterly direction, running a distance of 13.20 feet in a southeasterly direction, running a distance of 115 feet in an easterly direction, running a distance of 230 feet more c@r less in a southeasterly direction, running a distance of 631 feet along the southern property line and running a distance of 300 feet along the eastern property line. Said parcels contain 9.83 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. Single Family detached residents sball be built on the property. 2. Noise Disclosure Statements shall be provided to the purchasers. This Ordinance shall be effective upon tbe date of adoption. Adopted by tbe Council of the City of Virginia Beach, Virginia, on the Nineteenth day of November, Nineteen Hundred and EiQhty-four. This was a RECONSIDERATION of City Council's DENIAL on September 24, 1984 November 19, 1984 - 19 - Item 11-H.7 PLANNING 1TEM # 22790 (Continued) Voting: 9-1 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: Vice Mayor Reba S. McClanan Council Members Absent: Nancy A. Creech November 19, 1984 - 20 - Item II-H.8 PLANNING ITEM # 22791 The letter from the President of the Burlage Corporation requesting WITHDRAWAL of their application was referenced and is hereby made a part of the record. Upon motion by Councilman Fentress, seconded by Councilman McCoy, City Council ALLOWED WITHDRAWAL of the Ordinance upon application of BURLAGE CORPORATION for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF BURLAGE CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-5 TO H-2 Ordinance upon application of Burlage Corporation for a Change of Zoning District Classification from B-5 Resort- Commerical District to H-2 Resort Hotel District at the southwest corner of Atlantic Avenue and Norfolk Avenue on Lots 12 & 14, Block 9, Virginia Beach Development. Said parcel contains 14,000 square feet. VIRGINIA BEACH BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, E. 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, Nancy A. Creech November 19, 1984 - 21 - Item II-H.9 PLANNING ITEM # 22792 Attorney Grover Wright represented the applicant TJpon motion by Councilman McCoy, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of R. G. MOORE BUILDING CORPORATION for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF R. C. MOORE BUILDING CORPO- RATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 TO A-1 Z01184916 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of R. G. Moore Building Corporation for a Change of Zoning District Classification from R-8 Resi- dential District to A-1 Apartment District on property located 288.42 feet south of Bonney Road, 941.53 feet west of Ewell Road. Said parcel contains 30,491 square feet. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Nineteenth day of November, Nineteen Hundred and E ghty-four. Voting: 8-2 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, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Barbara M. Henley, and Meyera E. Oberndorf Council Members Absent: Nancy A. Creech November 19, 1984 - 22 - Item 11-H.10 PLANNING ITEM # 22793 Attorney Grover Wright represented the applicant A motion was made by Councilman McCoy, seconded by Councilman Baum, to DEFER for sixty (60) days until the City Council Meeting of January 21, 1985, Ordinances upon application of R. G. MOORE BUILDTNG CORPORATION for Changes of Zoning from R-4 Residential District to R-8 Residential District on a one-acre parcel; and from AG-1 Agricultural District to R-8 Residential District on a 4.4-acre parcel (KEMPSVILLE BOROUGH). A SUBSTITUTE MOTION was made by Councilwoman Oberndorf, seconded by Councilwoman Renley to DENY Ordinances upon application of R. G. MOORE BUILDING CORPORA:RION for Changes of Zoning from R-4 to R-8 and from AG-1 to R-8 (KEMPSVILLE BOROUGH). Voting: 4-6 (SUBSTITUTE MOTION LOST) Council Members Voting Aye: Barbara M. Henley, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E., Oberndorf Council Members Voting Nay: John A. Baum, Robert E. Fentress, Mayor Harold Heischc)ber, H. Jack Jennings, Jr., Louis R. Jones, and J. Henry MtCoy, Jr., D.D.S. Council Members Absent. Nancy A. Creech Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council DEFERRED for sixty days until the City CouDcil Meeti.ng of January 21, 1985, after the ADOPTION of the COMPREHENSIVE PLAN, Ordinances upon application of R. G. MOORE BUILDING CORPORATION for Changes of Zoning as per tbe followingz ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFTCATION FROM R-4 TO R-8 Ordinance upon applicati.on of R. G. Moore Bui.lding Corp., for a Change of Zoning Dist i@c@qlas-, fication from R-4 Residential District to R-8 Residenti.al District on certain property lo(@ated at the southern terminus of Jessica Lane at tbe intersection with Sherman Oaks Avenue. Said parcel contains I acre. Plats witb more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. A N D, - 23 - Item II-H.10 PLANNING ITEM # 22793 (Continued) ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 TO R-8 Ordinance upon application of R. G. Moore Building Corporation for a Change of Zoning District Classification from AG-1 Agri- cultural District to R-8 Residential District on certain prop- erty located 150 feet more or less east of the intersection of Sherman Oaks Avenue and Jessica Lane. Said parcel contains 4.4 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. Voting: 8-2 (MAIN MOTION CARRIED) Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert C. 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: Nancy A. Creech November 19, 1984 - 24 - Item TI-H.11 PLANNING ITEM # 22794 Attorney Grover Wright represented the applicant Nicholas Hutsko, spoke in favor of the application The following spoke in Opposition to the application: Attorney Moody Stallings represented the Lake Christopher Homeowners Association Charles Cayton, Engineer with Presnell and Associates prepared a study in connection with Environmental Impact on Lake Christopher from the proposed development. This study was at the request of Lake Christopher Homeowners Assocation. Jim Powell, President of Lake Christopher Homowners Association John P. Wyld, Engineer and Lake Christopher Resident Mary Wyld, Lake Christopher Resident Linda Bassett, Lake Christopher Resident Mikkel Bassett, Lake Christopher Resident The following registered opposition but did not speak: Donna Christiansen Michael Freeman Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council DENTED Ordinances upon application of ROSE M. FARIS and ISABELL M. CROSS for Changes of Zoning per the following: ORDINANCE UPON APPLICATION OF ROSE M. FARTS FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 TO B-2 Ordinance upon application of Rose M. Faris for a Change of Zoning District Classification from R-6 Residential District to B-2 Community Business District on certain property 10- cated on the south side of Indian River Road, 820 feet more or less east of Kempsville Road. Said parcel is located at 5213 Indian River Road and contains 7.214 acres. KEMPSVILLE BOROUGH. A N D, ORDTNANCE UPON APPLICATION OF ISABELL M. CROSS FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 TO B-2 Ordinance upon application of Isabell M. Cross for a ChanRe of Zoning District Classification from R-6 Residential District to B-2 Community Business District on certain property located on the south side of Indian River Road, 1050 feet more or less east of Kempsville Road. Said parcel is located at 5283 Tndian River Road and contains 7.558 acres. KEMPSVILLE BOROUGH. November 19, 1984 - 25 - Item II-H.11 PLANNlNG ITEM # 22794 (Continued) Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Pentress, 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: Nancy A. Creech November 19, 1984 - 26 - Item II-H.12 PLANNTNG ITEM # 22795 Fred (Bing) Gentry, Real Estate Broker with Thomas Kyrus and Associates, represented the applicant. Reference was made to letter from Key Stone Church, which registered no opposition to the application. (Said letter is hereby made a part of the record.) Frances Wooten and Mary Sims noted their opposition to the application by telephone call to the City Clerk's Office. TJpon motion by Councilman McCoy, seconded by Councilman Jennings, City Council ADOPTED an Ordinance upon application of SHIRLEY B. ROBBINS for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF SHIRLEY B. ROBBINS FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 TO 0-1 Z01184917 BE TT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VTRGINIA BEACH, VIRGlNlA: Ordinance upon application of Shirley B. Robbins for a Change of Zoning District Classification from R-5 Resi- dential District to 0-1 Office District on certain prop- erty located on the east side of Kempsville Road, 145.63 feet south of Locke Lane. Said parcel is located at 810 Kempsville Road and contains 37,462 square feet. KEMPSVILLE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Nineteenth day of November, Nineteen Hundred and EL9- t@ O@ur. Voting: 7-3 Council Members Voting Aye: John A. Baum, 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. Oberndarf Council Mebers Absent: Nancy A. Creech November 19, 1984 - 27 - Item 11-H.13 PLANNING ITEM # 22796 Attorney Grover Wright represented the applicant and requested DEFERREL as applicant was in the hospital TJpon motion by Councilman Louis Jones, seconded by Councilwoman Oberndorf, City Council DEFERRED, until after a report is given City Council on the TARGET AREA PLAN, an Ordinance upon application of NAVPHIBASE FEDERAL CREDIT UNION for a Change of Zoning as per the following: ORDINANCE UPON APPLTCATION OF NAVPHIBASE FEDERAL CREDIT UNION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-4 TO 0-1 (REEDTOWN TARGET AREA) Ordinance upon application of NAVPHIBASE Federal Credit Union for a Change of Zoning District Classificaion from R-4 Resi- dential District to 0-1 Office District on certain property located on the north side of Wishart Road, 420 feet east of Independence Boulevard and running in an easterly direction a distance of 320 feet more or less. Said parcel contains 2.7 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, 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: Nancy A. Creech November 19, 1984 - 28 - Item II-H.14 PLANNING ITEM # 22797 Charles Connelley, co-owner of the parcel in question, represented the applicant Frank H. Cirer, the applicant, represented himself Upon motion by Councilman Jennings, seconded by Councilman Baum, City Council DEFERRED for two weeks until the City Council Meeting of December 3, 1984, the application for a variance to Section 4.4(b) of the Sub- division Ordinance in the matter of the application of FRANK H. AND MARY J. CIRER as per the following: Appeal from Decision of Administrative Oficers in regard to certain elements of the Subdivision Ordinance, Subdivision for Frank H. and Mary J. Cirer. Said parcel is located on the west side of Great Neck Road, 95.92 feet north of Breezy Road. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. This DEFERRAL will enable the applicant and the City Attorney time to determine the possibility of an alternative solution rather than by variance to the Sub- division Ordinance. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jenni.ngs, Jr., Louis R. Jones, Robert G. Jonesl Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,*and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech *Verbal Aye November 19, 1984 - 29 - Item TI-H.15 PLANNING ITEM # 22798 Jay W. White, the applicant, represented himself and displayed a new map to City Council concerning his application. Upon motion by Councilman McCoy, seconded by Councilman Jennings, City Council APPROVED a variance in the application of JAY W. WEITE to Section 4.4(b) of the Subdivision Ordinance. Appeal from Decision of Administrative Oficers in regard to certain elements of the Subdivision Ordi- nance, Subdivision for Jay W. White. Said parcel is located on the west side of Baden Avenue at its intersection with Elgin Road. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Barold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert C. 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: Nancy A. Creech November 19, 1984 - 30 - Item II-H.16 PLANNING ITEM # 22799 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED the following: ORDINANCE TO AMEND AND REORDAIN ARTICLE 9, SECTIONS 932 and 934 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO LOT AREA, WIDTH, YARD, DENSITY, HEIGHT, LOT COVERAGE, AND RECREATION SPACE REQUIREMENTS IN THE B-4 RESORT COMERCIAL DTSTRICT. Voting: 10-0 Council Members Voting Aye: John A. Baum, 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: Nancy A. Creech November 19, 1984 - 30a - AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 9, SECTIONS 932 AND 934 OF THE COMPREHENSIVE ZOI@ING ORDIANNCE PERTAINING TO LOT AREA, WIDTH, YARD, DENSITY, HEIGHT, LOT COVERAGE, AND RECREATION SPACE REQUIREMENTS IN THE B-4 RESORT COMMERCIAL DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 9, Section 932 of the C.Z.O. be amended and reordained in part as follows: 932. Delete Add: 932. Lot area, width, yard, density, height, lot coverage, and recreation space requirements. Within a B-4 Resort Commercial District, the following shall constitute the lot area, width, yard, density, height, lot coverage, and recreation space requirements: (a) Where a B-4 Resort Commercial District adjoins a residential or apartment district without an intervening street, alley, or perma- nent open space over twenty-five (25) feet in width, and where lots separated by the district boundary have adjacent front yards, the first zoning lot within the B-4 Resort Commercial District or one hundred (100) feet of such lot (whichever is less) shall provide a front yard of the minimum depth required in the adjoining district. Such yard shall be landscaped, except for necessary access drives and walkways, and shall not be used for parking. (b) Where the side or rear yards of a zoning lot within a B-4 Resort Commercial District adjoins the side or rear yards of a zoning lot in a residential, apartment or agricultural district without an intervening street, alley or permanent open space over twenty-five (25) feet in width, such side or rear yard shall conform to the setback requirements of the adjoining yard in the residential, apartment or agricultural district. The yard area within five (5) feet of the property line shall be landscaped, with a screening hedge, and shall not be used for parking. Walkways necessary for access shall be permitted. (c) Except as provided in items (a) and (b) hereinabove, the following yard, lot area, width, recreation space, density, height, and lot coverage requirements shall apply: (1) For townhouses, they shall be the same as in the A-1 Apartment District. (2) For multiple family dwellings, they shall be the same as in the A-4 Apartment District, except that the minimum lot size shall be 14,000 square feet, the minimum lot width shall be seventy (70) feet, and there shall be no recreation space required. November 19, 1984 - 30b - (3) For lodging units, they shall be the same as in the H-1 Hotel District, except that the minimum lot width shall be seventy (70) feet, and the maximum height shall be seventy- five (75) feet. (4) For all other uses, the applicable requirements shall be as in the B-2 Comunity-Business District, except that the maximum height shall be seventy-five (75) feet, and the minimum yard adjacent to a street shall be ten (10) feet, provided, not less than twenty-five (25) percent of the fore- going setback area shall be planted landscaping and provided further, no yard area shall be used for parking, (5) The following exceptions to the above shall apply: (i) The minimum lot area for churches shall be three (3) acres. (ii) For homes for the aged, disabled, and handicapped, the maximum density shall be sixty (60) dwelling units per acre. (iii) Special exceptions to the maximum height regulations may be allowed by conditional use permits for hospitals, sanitariums and homes for the aged, disabled or handi- capped, including nursing, convalescent or rest homes, which are structures and uses having unusual and special requirements, for which the maximum height shall not exceed one hundred sixty-five (165) feet, provided, however, that the allowed excess height shall not exceed twice the distance to the nearest lot line from the structure having such excess height. (iv) Notwithstanding the above, no building or structure shall be erected in the B-4 Resort Commercial District which exceeds the height limit established by Section 202(b). (d) All provisions herein to the contrary notwithstanding, hotels and motels may be allowed with a conditional use permit, provided that: (1) The maximum density shall be one hundred twenty (120) lodging units per acre; (2) The maximum height shall be one hundred (100) feet or the height (limit) established by Section 202(b), whichever is more restrictive. That Article 9, Section 934 of the C.Z.O. be amended and reordained in part AP AS TO CONTEM as follows: 934. Delete. Adopted by the Council of the City of Virginia Bea c ,4@lthe 19 day of Novplnh.. 1984. ;.@S TO FORM IURE rlTV ATTr@pi,iry November 19, 1984 - 31 - Item 11-I.l.b.c.d.f.g. RESOLUTIONS ITEM # 22800 Upon motion by Councilman McCoy, seconded by Councilman Fentress, City Council ADOPTED Resolutions approving the issuance of INDUSTRIAL DEVELOPMENT REVENUE BONDS to the following; GREAT NECK VILLAGE ASSOCIATES ($ 300,000) NEWTOWN SQUARE ASSOCIATES ($ 4,000,000) ESSEX PROPERTIES ASSOCIATES 1984 ($ 1,200,000) (formerly Smith family Associates) NORTHAMPTON BUSINESS CENTER ASSOCIATES ($ 2,000,000) (formerly Northampton Corporate Park Associates) U. S. HABITATS ($ 2,700,000) Reference was made to the City Attorney's Letter of November 14, 1984, indicating that the above referenced Projects do not require a Private Activity Bond Allo- cation as they were approved by the Industrial Development Authority prior to June 19, 1984. (Said letter is hereby made a part of the record.) Voting: 9-1 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: H. Jack Jennings, Jr. Council Members Absent: Nancy A. Creech November 19, 1984 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Great Neck Village Associates 2. LOCATION: Great Neck Village Shopping Center, Great Neck Road near Mill Dam RoAd, Virginia.Beach, Va. 3. DESCRIPTION OF PROJECT: commercial facility 4. AMOUNT OF BOND ISSUE: $300,000.00 5. PRINCIPALS: Henry A. Shook V.H. Nusbaum, Jr. Stanley L. Harrison Marc Jacob-son Walter Maskall 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property b. Is rezoning proposed? Yes No c. If so, to what zoning classification? Ii R H k D ke THUN c @k f ESSEX 0, OD Y N PROJECT NAME: Great Neck Village Associates PROJECT ADDRESS: Great Neck Village Shopping Center Great Neck Road near Mill Dam Road Virginia Beach, Virginia TYPE OF PROJECT: Commercial facility A nieeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the 19 day of November, 1984. On motion by Councilman mccoyand seconded by Councilman Fentress the following Resolution was adopted. RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO GREAT NECK VILLAGE ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the "Authority"), has considered the appli- cation of Great Neck Village Associates (the "Company") for the issuance of the Authority's industrial development revenue bond or bonds in an amount estimated at $300,000.00 (the "Bonds") to assist in the financing of the Company's acquisition, construction, and equipping of a commercial facility (the "Project") in Virginia Beach, Virginia, and has held a public hearing thereon on June 14, 1983. 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, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon and a record of the public hearing has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council approves the issuance of the Bonds by the Authority for the benefit of Great Neck Village Associates, to the extent required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds, as required by Section 103(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Company, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on November q, 1984. WLN.RESO.GNECK.10/15/84 2 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AU@HORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Newtown Square Associates 2. LOCATION: southeast Corner of Newtown Road and Bak6r Road virginia Beach, Virqinia 3. DESCRIPTION OF PROJECT: Ret ng_COnter 4. AMOUNT OF BOND ISSUE: $4,000,000 5. PRINCIPALS: Joseph Boyd R-aymond R. Hembree Harvey Lindsay & Co. M. Albert Carmichael 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property B2 b. Is rezoning proposed? Yes No X C. If so, to what zoning classification? On September 26, 1983, City Council approved the issuance of the Bonds to Newtown Square Associates in the amount of $4,475,000. Since the project approval is valid for only one year, it is necessary to have Council reapprove the issuance of the bonds. FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: October 12, 1984 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Newtown Square Associates TYPE OF FACILITY: _Retail Shopping center 1. Maximum amount of financing sought $ 4.QAO 000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 4,500,000 3. Estimated real property tax per year using present tax rates $ 36,000 4. Estimated personal property tax per year using present tax rates $_ 2P.000 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 48-noQ 6. Estimated dollar value per year of goods and services that will be purchased locally $ 7. Estimated number of regular employees on year round basis $ 150 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 By W. Chairman 0 -4 L4-- f PROJECT NAME: Newtown Square Associates PROJECT ADDRESS; Southeast Corner of Newtown Road and Balzer Road Virginia Beach, Virginia TYPE OF PROJECT: Retail Shopping Center A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Adminis- tration Building, on the 19 day of NoVember 1984. on motion by Councilman McCoy and seconded by Councilman Fentress the follow- ing Resolution was adopted. RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR NEWTOWN SQUARE ASSOCIATES WHEREAS, the City of Virginia Beach Development Authori- ty (the Authority), has considered the application of Newtown Square Associates, a Virginia limited or general partnership to be formed (the Company), in which Joseph Boyd, M. Albert Carmichael, Raymond R. Hembree and Harvey Lindsay & Company will be partners, for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $4,000,000 (the Bonds) to assist in the financing of the Company's acquisition, construction and equipping of a retail shopping center facility of approximately 80,000 square feet (the Facility) to be located on the southeast corner of Newtown Road and Baker Road, in the City of Virgin- ia Beach, Virginia, and to be owned by the Company, and has held a public hearing thereon on November 13, 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; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a record of the public hearinq 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 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. 4. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on 39 1984. 2 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Essex Properties Associates 1984 T, (Formerly Smith Family Associates) 2. LOCATION: 5740 Bayside Road Virginia Beach, Virginia 3. DESCRIPTION OF PROJECT: Office/warehouse 4. AMOUNT OF BOND ISSUE: $1,200,000 5. PRINCIPALS: Essex Properties Smith Family Associates 6. ZONING CLASSIFICATION: ,a. Present zoning classification of the Property light_industrial b. Is, rezoning proposed? Yes No C. If so, to what zoning classification? On May 23, 1983, City Council approved a Resolution for Smith Family Associates in the amount of $1,750.000. The purpose of this Resolution is to amend and reinstate the May 23, 1983, Resolution. -i/5/83 FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: September 25, 1984 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Essex Properties Associates 1984 A (Formerly Smith Family Associates) TYPE OF FACILITY: office/warehouse 1. Maximum amount of financing sought $ 1,200,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 2,000,000 3. Estimated real property tax per year using present tax rates $ 16,000 4. Estimated personal property tax per year using present tax rates $ -0- 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 13 @l 6. Estimated dollar value per year of goods and services that will be purchased locally $ oogoo 7. Estimated number of regular employees on year round basis $- B. Average annual salary per employee $ 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 ww Chairman I zI PROJECT NAJTE: Essex Properties Associates 1984 A (Formerly Smith Family Associates) PROJECT ADDRESS: 5740 Bayside Road Virginia Beach, Virginia TYPE OF PROJECT: office/warehouse 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 19 day of Novemb&r 1984. on motion by Councilman McCoy and seconded by r@,,n,il-,n the follow- ing Resolution was adopted. RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR ESSEX PROPERTIES ASSOCIATES 1984 A WHEREAS, the City of Virginia Beach Development Authori- ty (the Authority), has considered the application of Essex Properties Associates 1984 A (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $1,750,000 (the Bonds) to assist in the financing of the Company's acquisition of an office/warehouse facility (the Facility) to be located at 5740 Bayside Road, in the City of Virginia Beach, Virginia, and to be owned by the Company, and has held a public hearing thereon on November 13, 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; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a record of 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 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. 4. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on Novemeber 19 , 1984. 2 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NATIE: Northampton Business Center Associates Project. 2. LOCATION: 5.74 acre parcel of land fronting 436.48 feet on Road, I.ocated approxima- tely 250 feet north of the intersecti.on of Baker Road and Northampton Boulevard, Virginia Beach, VA 23455 3. DESCRIPTION OF PROJECT: Commercial retail/office 4. ATIOUNT OF BOND ISSUE: $2,000,000.00 5. PRINCIPALS: B. Bruce Taylor D. B. Holt W. P. St. Lawrence 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property B-2 Community Business District b. Is rezoning proposed? Yes- No- X C. If so, to what zoning classification? On September 26, 1983, City Council approved the issuance of the bonds for Northampton Corporate Park Associates in the amount of $2,000,000. The purpose of this resolution is to change the name of the project to Northampton Business Center Associates and to reapprove the issuance of the bonds in the amount of $2,000,000. NHB#l SS.C FISCAL IMPAC,R STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: , 1984 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJEc,r NATIE: NORTHAMPTON BUSINESQ CEN'r@,R AI;SOCIA,RES (Formerly No toli Co@rAt@ PLirk Associates) TYPE OF FACILITY: 53,400 SQUARE FOOT RE'FAIL/OFFICE/INDUSTRIAL SHOWROOM AND WAREHOUSE FACILITY 1. Maximum ainount of financing sought $2,000,000.00 2. Estimated taxable value of the facility's real property to be constructed in the municipality $2,300,000.00 3. Estimated real property tax per year using present tax rates $ 18,400.00 4. Estimated personal property tax per year using present tax rates $ 5,000.00 5. Estiinated merchants' capital tax (business license, local sales tax, etc.) tax per year using present tax rates $ 31,500.00 6. Estimated dollar value per year of goods and services that will be purchased locally $2,600,000.00 7. Estimated number of regular employees on year round basis 250 8. Average annual salary per employee $ 12,000.00 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 OP VIRGINIA BEACH, VIRGINIA By Chairman LITTLE CR.. PRO@CT LOC-ATIOIY PROJECT NAME: Northampton Business Center Associates (Fomerly Northanpton Corpora Associates)' PROJECT ADDRESS: 5.74 acre parcel fronting 436.48 feet on the west side of Baker Road located 250 feet north of intersec- tion of Baker Road and Northampton Boulevard, Virginia Beach, Virginia 23455 (Airport Industrial Park) TYPE OF PROJECT: Retail/office/indus a Showroom and Warehouse Facility RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND FOR NORTHAMPTON BUSINESS CENTER ASSOCIATES WHEREAS, on October 12, 1981 the City of Virginia Reach Development Authority of virginia Beach, whose address is 401 Lynnhaven Parkway, virginia Beach, Virginia (the "Authority") considered and adopted a Resolution of Intent (the Resolution), approving the application of Northampton Corporate Park Associates, a virginia general partnership, whose address is 3330 Pacific Avenue, Virginia Beach, virginia 23451 for the issuance of the Authority's industrial development revenue bond in an amount not to exceed $2,000,000.00 to assist in the financing of the acqui- sition, construction, and equipping of an office, retail and industrial showroom facility (the "Project") to be located on real property in the City of Virginia Beach, Virginia; and WHEREAS, on September 13, 1983, the Authority considered and adopted an Amended Resolution which amended the Resolution to reflect that Northampton Corporate Park Associates had assigned its interest in the Project to Northampton Corporate Park Asso- ciates II, a Virginia general aprtnership ("Purchaser") and approved the issuance of the Authority's industrial development revenue bond in an amount not to exceed $2,000,000 to assist the Purchaser in the acquisition, construction and equipping of the Project; and WHEREAS, the Purchaser has amended its name so that it is now Northampton Business Center Associates, a Virginia general partnership; and WHEREAS, the Project as it is to be constructed will be a 53,400 square foot commercial retail/office/industrial showroom and warehouse center facility, consisting of two (2) 18,000 square foot, one (1) story, buildings, and two (2) 8,700 square foot, one (1) story, buildings located on a 5.74 acre parcel of land fronting 436.48 feet on the west side of Baker Road, situated approximately 250 feet north of the intersection of Northampton Boulevard and Baker Road; and WHEREAS, after proper notice of public hearing as - 1 - required by law, the Authority has considered the application of the Purchaser for the amendment of the Resolution of Intent adopted by the Auttiority on October 12, 1981, as hretofore amended, to correctly identify the Purchaser and more fully describe the Project as a 53,400 square foot commercial retail/office/indus- trial showroom and warehouse center facility, consisting of two (2) 18,000 square foot, one (1) story, buildings, and two (2) 8,700 square foot, one (1) story, buildings located on a 5.74 acre parcel of land fronting 436.48 feet on the west side of Baker Road, situated approximately 250 feet north of the inter- section of Northampton Boulevard and Baker Road, to assist in the financing of the acquisition, constril(--tion and equipping of the Project as more fully described, to be owned and operated by the Purchaser, and has held a public hearing thereon on November 13, 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 I,IHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City") to approve the issuance of the Authority'.s iridustrial development revenue bond in an amount not to exceed Two Million Dollars ($2,000,000.00) (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 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 Northampton Business Center Associates, a Virginia general partnership, 3330 Pacific - 2 - Avenue, Virginia Reach, virginia 23451, to the extent of and as required by Section 103(k) of the Internal Revenue Code, to per- mit 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 November 19, 1984. NHB#l cr.c 3 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: U.S. Habitats Location: Holland Road & Windsor Oaks Boulevard Description of Project; Office - Retail - Banking Facility Amount of Bond Issue: $2,700,000 Principals: U.S. Credit Corporation, a Virginia corporation Habitats, Inc., a Virginia corporation Zoning Classification: a. Present Zoning Classification of the Property B-2 b. Is Rezoning Proposed? No City Council of Virginia Beach, Virginia Municipal Center Virginia Beach, Virginia FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING November 13, 1984 U. S. Habitats office-Retail-bank Center 1. Maximum amount of financing sought $2,700,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $1,500,000 3. Estimated real property tax per year using present tax rates $ 12,000 4. Estimated personal property tax per year using present tax rates $ 9,000 5. Estimated merchants' capital tax (business license tax) per year using present tax rates $ 6,400 6. Estimated dollar value per year of goods and services that will be purchased locally $ 600,000 7. Estimated number of regular employees on year round basis $ 80 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 niade no independent investigation with respect thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By WW hairman OCcl.ANA PROJECT NP14E: U. S. Habitats PROJECT ADDRESS: 122 feet north of the intersection of Holland Roa(i and Windsor oaks Boulevard TYPE OF PROJECT: office, retail, banking center consisting of up to five buildings A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the 19 day of November 1984. on motion by Councilman McCoy and seconded by Councilman Fentress the following Resolution was adopted. RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR U.S. HABITATS WHEREAS, the City of Virginia Beach Development Authority (the Authority) has considered the application of U.S. Habitats, a Virginia general partnership (the Company), for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $2,700,000 (the Bonds) to assist in the financing of a portion of the cost of the Company's acquisition, construction and equipping of an office - retail - banking center consisting of up to five buildings totalling approximately 30,000 square feet to be located on approxirnately 2.7 acres fronting on the easterly side of Holland Road approximately 122 feet north of the intersection of Holland Road and Windsor Oaks Boulevard in the City of Virginia Beach, Virginia (the Facility), and to be owned by the Company, and has held a public hearing thereon on November 13, 1984; and WHEREAS, the Authority has reconunended that the City Council (the Council) of the City of Virginia Beach, Virginia (the City), approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended, and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a reasonably detailed summary of the coniments made 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 Resolution are hereby adopted as a part of this Resolution. 2. The Council of the City of Virginia Beach, Virqinia, 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 Conunonwealth, the City or the Authority shall be pledged thereto. 4. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, virginia, on Novemberl9 , 1984. - 32 - Item II-I.a.e.i.j.k.l. RESOLUTIONS ITEM # 22801 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED Resolutions approving the issaunce of INDUSTRIAL DEVELOPMENT REVENUE BONDS to tbe following: ALBIC, INC. ($ 3,000,000) SANDCASTLE MOTEL, INC. ($ 2,700,000) MAST ASSOCIATES ($ 10,000,000) DAM NECK SHOPPING CENTER ASSOCTATES ($ 8,500,000) BLUE MARLIN MOTEL, INC., FACILITY ($ 500,000) ROWE PROPERTIES OCEANA ($ 2,700,000) Reference was made to the City Attorney's Letter of November 14, 1984, indicating the following Projects: Albic, Inc., Sandcastle Motel, Inc., Mast Associates, Dam Neck Shopping Center Associates, and Rowe Properties Oceana, would require a Private Activity Bond Allocation from the State Reserve Pool. Blue Marlin Motel, Inc. was approved by the Industrial Development Authority prior to June 19, 1984, and, therefore will not require a Private Activity Bond Allocation. (Said letter is hereby made a part of the record.) Voting: 9-1 Council Members Voting Aye: John A. BaLun, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: H. Jack Jennings, Jr. Council Members Absent: Nancy A. Creech November 19, 1984 SU4-TARY S= CITY OF VIRGINIA BEACH DEVELDP= AUTHORITY INDUSTRLAL DEVELOP= REVENLJE BOND 1. PRDJECT Albic, Inc. 2. LOMTION: 36th Street and Atlantic Avenue Virginia Beach, Virginia 3. DESCRIPTION OF PRDJECT: Sheraton Beach Im, 203 unit hotel and conference center 4. AMOLINT OF BCND ISSUE: $3,000,000 5. PRINCIPALS Albic, Inc. William J. Vaughan Williarn J. Vaughan, Jr. 6. ZONING CLASSIFICATION: a. Present zoning classification of the H-2 Prop-ty b. Is rezoning proposed? Yes No X c. If so, to what zoning classification? FISC,AL DTACR STATEMENR FOR PROPOSED DU REVENUE BOND FINANCING Date: Sept@r 13, 1984 TO: The City Council of Virginia Beach, Virginia Project Name: Albic, Inc. Type of Facility: Hotel/Conference Facility 1. Maxiian @t of financing sought $3,000,000 2. Estimted taxable value of the facility's $2,000,000 real property to be constructed in the umicipality 3. Est@ted real property tax per year using present $ 16,000 tax rates 4. Estiniated personal property tax per year usirig 10,000 present tax rates 5. Estimated mrchants' capital tax (business license $ 1,000 tax) per year using present tax rates 6. Estimted dollar value per year of goods and services 250,000 that will be purchased locally 7. Estimted nunber of regular mployees on year round 25-30 basis 8. Average salary per employee $ 13,500 9. City Rom Tax $ 19,000 10. Food and beverage tax $ 19,000 The tax revenues abave reflect estimtes of the additional tax revenues to be generated by this project. The informtion contained in this statEMent is based solely on the facts and estimtes provided by the Applicant, and the Authority has mde no independent investigation with respect thereto. CITY OF VIRIGNIA BEACH DEVELO AUrHORITY By ALBIC, INC. $3,000,000.00 Bond Issue 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 facility's real property to be constructed in the City of Virginia Beach $2 000 000 4. Esti mated real property tax per year using present tax rate $ 16 000 5. Estimated personal property tax s 10 000 6. Economic impact statement demonstrating the overall return to the city: A. Number of new jobs 25 B. Payroll generated $ 337,500 Av. Wage $ 13,500 C. Number of jobs retained 107 D. Payroll retained $ 00 Av. Wage $ q son E. Estimate of the value of goods and services purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type Value Inventory $220,000 Professional Services $ 20,000 Insurance $ 10,000 TOTAL $250,000 F. EStimated building permit fee and other municipal fees $. @n, 000 G. Estimated construction payroll $i gon nnn H. Estimated value of construction material to be purchased within the City of Virginia Beach $ 720,000 I. Estimated number of construction jobs year J. Any other items which the applicant feels the Authority should be made aware of in evaluating the project Room Tax: $19,000e Meal Taxe $19,000 7. Is the site currently zoned for the specific use being proposed for industrial revenue bond financing? Yes X No 8. Has a bond purchase agreement/commitment been accepted by the applicant? (attach a copy) Yes X No - but a full-fledged commitnient letter has riot yet been issued - 9. will the bond financing close within 90 days from the date of adoption of the inducement resolution? Yes - No X but the bond issue will close within 90 days of the adoption of an allocation resolution 10. Location of project (attach location map) 36th Street and Atlantic Avenue 11. Explanation of alternative financing that has been reviewed for project Corrventional financing at 13.Yl - 14.5% I hereby certify that the information stated in the above Economic Impact Statement is accurate and true in all respects. ALBIC, INC. B@ '(Applicant, Subscribed and sworn to before me this day of/(/q@-@ 1984. Notar/ P@ic My Commission Expires: G d S.. C"' .,d 1. @21 PROJECr N4E: Albic, Inc. PROJEcr ADDRESS: 36th Street & Atlantic Avenue Virginia Beach, Virginia 23451 TYPE OF PRCLJECR: Resort Hotel and Conference Facility RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR ALBIC, INC. WHEREAS, the Industrial Development Authority of the City of Virginia Beach, Virginia (the "Authority") has considered the application of Albic, Inc., (the "Company") requesting 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 of land, renovation of existing buildings, and constructing and equipping a two-story addition to the Sheraton Motel (the "Facility") to be located at the Company's existing hotel at 36th Street and Atlantic Avenue, Virginia Beach, Virginia, and to be owned by the Company, and has held a public hearing thereon on November 13, 1984; and WHEREAS, the Authority has requested the City Council (the "Council") of the City of Virginia Beach, Virginia (the "City"), to approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a record of the public hearing, and a Fiscal Impact Statement in the fom 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; 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 Industrial Development Authority of the City of Virginia Beach, Virginia, for the benefit of Albic, Inc. 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. 2. The approval of the issuance of the Bonds, as required by such Sections 103(k) and 15.1-1378.1, does not constitute an endorsement of the Bonds or the creditworthiness of the Company, but, as required by Section 15.1-1380 of the Code of Virginia of 1950, as amended, the Bonds shall pro- vide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and monies pledged therefor, and neither the faith nor credit nor the taxing power of the Commonwealth of Virginia, the City or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or consequential, resulting from (1) the Authority's failure to issue bonds for the Facility for any reason, including but not limited to any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other pro- jects 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 bond volune to the Facility if the issuance of tax exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. 4. This Resolution shall take effect immediately upon its adop- tion. Adopted by the Council of the City of Virginia Beach, Virginia, on the 19 day Of November , 1984. ADOPTED: Mayor ATTEST: Clerk of the Council -2- SU44ARY SHEET CITY OF VIRCINIA REACH DEVELOR= AUFHORITY INDUSTRLAL DEVELORM REVENLJE BOND 1. PROJECR NAME: Sandcastle @tel, Inc. 2. LOCATION: 1400 Atlantic Avenue Virginia Beach, VA 3. DESCF=ION OF PRCLJECR: Sandcastle Motel, @tel and Conferenr-e Center 4. OF BOND ISSLJE: $2,700,000 5. IPALS Sandcastle @tel, Inc. Jolm W. Vakos 6. ZONIM CIASSIFICATI()N: a. Present zoning z,- classification of the Property H-2 b. Is rezoning proposed? Yes No X c. If so, to what zoning classification? FISCAL DTACR STATEMENT FOR PROPOSED INDLJSTPDAL REVENUE BOND FINANCD4G Date: October 8, 1984 TO: The City Council of Virginia Beach, Virginia Project N@ Sandcastle Motel, Inc. Type of Facility: Motel/Conference Facility 1. @inin @t of financing sought $2,700,000 2. Estimated taxable value of the facility's $3,000,000 3. Estimated real property tax per year using present $ 24,000 tax rates 4. Estimated personal property tax per year using present $ 16,000 tax rates 5. Estimated Tmrchants' capital tax (business license tax) $ 7,500 per year using present tax rates 6. Estimated dollar value per year of goods and services that $ 350,000 will be purchased locally 7. Estiniated muber of regular mployees on year round basis 20 8. Average annual salary per engloyee $ 11,500 9. City Rom Tax $ 12,000 10. Food and beverage tax $ 12,000 The tax revenues above reflect estiniates of the additional tax revenues to be generated by this project. The information contained in this statement is based solely on the facts and estiniates provided by the Applicant, and the Authority has made nc) independent investigation with respect thereto. CITY OF VIRGEM BEACH DEVELOR= ALTfHORITY By SAN@@@L@@' INC. *2,700,000.00 Bond Issue Economic Impact Statement 1. Amount of investment $3,380,000 2. Amount of industrial revenue bond financing sought $2,700,000 3. Estimated taxable value of the facility's real property to be constructed in the City of virginia Beach $3,000,000 4. Estimated real property tax per year using present tax rate $ 24,000 5 Estimated personal property tax $ 16,000 6. Economic impact statement demonstrating the overall return to the city: A. Number of new jobs 20 B. Payroll generated $230 000 Av. Wage $ 11 @nn C. Number of jobs retained 15 D. Payroll retained $172 500. Av. wage $ 11 snn- E. Estimate of the value of goods and services purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type Value Inventory $320,000 Services $20,000 Insurance $10,000 TOTAL $ 350,000 F. Estimated building permit fee and other municipal fees $ 70, Onn G. Estimated construction payroll $1.280.000 H. Estimated value of construction material to be purchased within'the City of Virginia Beach $-L 5-7-0, , 0 I. Estimated number of construction jobs j. Any other items which the applicant feels the Authority should be made aware of in evaluating the project m T @12 000 7. is the site currently zoned for the specific use being proposed for industrial revenue bond financing? Yes X No 8. Has a bond purchase agreement/commitment been accepted by the applicant? (attach a copy) Yes X No but a full-fledged comAtment letter has not yet been issued Sy- tlie 9. Will the bond financing close within 90 days from the date of adoption of the inducement resolution? Yes No X blit it will close within 90 days from the adoption of an allocation resolution 10. Location of project (attach location map) 4@t Street and Atlantic Avenue 11. Explanation of alternative financing that has been reviewed for project Conventional financing I hereby certify that the information stated in the above Economic Impact Statement is accurate and true in all respects. @TEL, INC. p/Yicant) Preside'nt t@, subscribed and sworn to before me this @-/'@(-day of 1984. Notary/Public My Commission Expires: Slid N,,f Pi@t PROJECr WE, Sandcastle Motel, Inc. PROJECR ADDRESS: 1400 Atlantic Avenue Virginia Beach, Virginia 23451 TYPE OF PROJECR: Resort Mtel and Conference Facility RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR SANDCASTLE MOTEL, INC. WHEREAS, the Industrial Development Authority of the City of Virginia Beach, Virginia (the "Authority") has considered the application of Sandcastle Motel, Inc., (the "Company") requesting the issuance of the Authority's industrial development revenue bonds, in an amount not to exceed $2,700,000 (the "Bonds") to assist in the financing of the Company's renovation of existing buildings, construction of a parking ramp, and constructing and equipping a nine-story addition to the Sandcastle Motel (the "Facility") to be located at the Company's existing motel at 1400 Atlantic Avenue, Virginia Beach, Virginia, and to be owned by the Company, and has held a public hearing thereon on November 13, 1984; and WHEREAS, the Authority has requested the City Council (the "Council") of the City of Virginia Beach, Virginia (the "City"), to approve the issuance of the Bonds to cornply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a record of the public hearing, and a Fiscal Impact Statement in the for-m 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; 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 industrial Development Authority of the City of Virginia Beach, Virginia, for the benefit of Albic, Inc. 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. 2. The approval of the issuance of the Bonds, as required by such Sections 103(k) and 15.1-1378.1, does not constitute an endorsement of the Bonds or the creditworthiness of the Company, but, as required by Section 15.1-1380 of the Code of Virginia of 1950, as amended, the Bonds shall pro- vide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and monies pledged therefor, and neither the faith nor credit nor the taxing power of the Commonwealth of Virginia, the City or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or consequential, resulting from (1) the Authority's failure to issue bonds for the Facility for any reason, including but not limited to any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other pro- jects 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 bond volume to the Facility if the issuance of tax exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. 4. This Resolution shall take effect immediately upon its adop- tion. Adopted by the Council of the City of Virginia Beach, Virginia, on the 10 day of N@v@mb@r , 1984. ADOPTED: Mayor ATTEST: Clerk of the Council -2- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AU.THORITY INDUSTRIAL DEVELOPMZNT REVSNUE BOND 1- PROJECT NAME: Mast Associates 2. LOCATION: 203 19th Street- 206 20th Street Virginia Beacn, virgtiltu 2345t 3 DESCRIPTION OF PROJECT: Twelve story motel/Office Facility coFi7s"E?uct:.@- @@, I!p u n levels 4nd con-me .. ult space. !rci 1 1!a.pear@ g 4. AMOUNT OF BOND ISSUE: $ 10,000,000. 5. PRINCIPALS: 50% Christopher Worrell, 12.5% Kaymond F. iucxer, t2. 5t ZfziLLLUb @i. Johnson, 12.5% Gordon Payne and 12.@-/. ireclericlz r. Nutti ti@ 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property B-5 b. Is rezoning proposed? Yes No x C. If so, to what zoning classification? 11 / 5 / 8 3 FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAT., REVFNUE BOND FINANCING DATE: October 19, 1984 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Mast Associates TYPE OF FACILITY: Twelve Story Motel/Office Complex 1. Maximum amount of financing sought $10,000,000.00 2. Estimated taxable valtie of the facility's real property to be constructed in the municipality $ 7,000,000.00 3. Estimated real property tax per year using present tax rates $ 56,000.00 4. Estimated personal property tax per year using present tax rates $ 30,000.00 5. Estimated merchants' capital tax (business licerise tax) per year using present tax rates $ 8,500.00 6. Estimated dollar value per year of goods and services that will be purchased locally s 1,100,000.00 7. Estimated number of reqular employees on year round basis 70 8. Average annual salary per employee $ 10,000.00 The information contained in this statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. City of Virginia Beach Development Authority By Economic Impact Statement 1. AmOUnt of investment s 10,000,000 2. Ainount of industrial revenue bond financing sought s 10 000,000 3. Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach s 000,000 4. Estimated real property tax per year using present tax rate $ 56,000 5. Estimated personal property tax $ 30,000 6. Economic impact statement demonstrating the overall return to the City: A. Number of new jobs B. Payroll generated $ @v. Wage $ r year C. Number of jobs retained D. Payroll retained $ Av. Wage $ E. Estimate of the value of goods and services purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type Value $ F. Estimated building permit fee and other municipal fees 2 G. Estimated construction payroll $ 1.7sn.noo H. EStimated value of construction material to be purchased within the City of Virginia Beach $ 90% I. Estimated number of construction jobs 250 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 b,nd financing? Yes No 8. Has a bond purchase agreement/coMitm,,t 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) 19 th Street ;;;;d AA,,u, . n 11. Explanation of alternative financing that has been reviewed for project I hereby certify that the information stated in the above Economic Impact Statement is accurate and true in all respects. 3 @ Auq (A ant Subscribed and sworn to before me this day of 1 1984. My Commission Expires: I i I Likh- G ... d 0,1, C,,W c LAKE PROJECT N@; Mast Associates PROJECT ADDRESS: 203 19th Street- 206 20th Street Virginia Beach, Virginia 23451 TYPE OF PROJECT: Twelve story Motel/office Complex RESOLUTION OF CITY COUNCIL OP THE CITY OF VIRGINIA BEACH APPROVING ISSUANCE OF BONDS FOR MAST ASSOCIATES WHEREAS, the City of Virginia Beach Development Authori- ty (the Authority) has considered the application of Mast Associates (the Companv) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $10,000,000 (the Bonds) to assist in the financing of the Company's acquisition, renovation and equipping of a twelve story motel/office facility with multiple parking levels and commercial lease space (the Facility) to be located at 203 19th Street and 206 20th Street in the City of Virginia Beach, Virginia, and to be owned by the Company, and has held a public hearing thereon on November 13, 1984. WHEREAS, Section 103(k) of the Internal Revenue Code of 1954, as amended, provides that the highest elected govern- mental officials of the governmental units having jurisdic- tion over the issuer of industrial development bonds and over the area in which any facility financed with the proceeds of industrial development bonds is located shall approve the issuance of such bonds; and WHEREAS, pursuant to Section 103(n) of the Internal Revenue Code of 1954, as amended (the Code), there is imposed upon each state a ceiling (the State Ceiling) on the amount of the private activity bonds that may be issued in that state for any calendar year; and WHEREAS, pursuant to this authority granted by paragraph 6 of Section 103(n) of the Code, the Governor of the Common- wealth of Virginia issued Executive Order Number 50 (84) (the Executive Order) providing for a formula for allocating the State Ceiling for the Commonwealth of Virginia (the Common- wealth) among the governmental units in the Commonwealth having authority to issue pri-vate activity bonds; and WHEREAS, pursuant to the Executive Order, the City of Virginia Beach, Virqinia, has been allocated $21,195,000 (the City Limit) of the State Ceilinq for the remainder of the calendar year of 1984 and the Counsel has utilized all of the City Limit for other projects to be located in the City; and WHEREAS, the Authority issues its bonds on behalf of the City of Virginia Beach, Virginia (the City), the Facility is to be located in the City and the members of the City Council of Virginia Beach (the Council) constitute the highest elected governmental officials of the City; and WHEREAS, Section 15.1-1378.1 of the Code of Virginia of 1950, as amended, provides that the Council shall within 60 calendar days from the public hearing with respect to indus- trial development revenue bonds either approve or disapprove the issuance of such bonds; and WHEREAS, the Authority has recommended that the Council approve the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a Fiscal Impact Statement in the form prescribed by Section 15.1-1378.2 of the Code of Virginia of 1950, as amended, and a reasonably detailed summary of the comments expressed at the public hearing, if any have been filed with 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 City Council of Virginia Beach, Virginia, approves the issuance of the Bonds by the Authority for the benefit of the Company, to the extent required by Section 103(k) of the Internal Revenue Code of 1954, as amended (the Code), and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the Virginia Code), to permit the Authority to assist in the financing of the Facility. 3. Since the allocation necessary for the issuance of the Bonds must be obtained from the State Reserve, as deter- mined pursuant to the Executive Order, the City Manager or such other person as may be designated by the City Manager, is hereby authorized and directed to file an application pursuant to the Executive Order requesting an allocation of $10,000,000 for the Facility from the State Reserve. 4. The approval of the issuance of the Bonds, as required by Section 103(k) of the Code and Section 15.1-1378.1 of the Virginia Code, does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Facility or the Company, but, as required by Chapter 643 of the 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 of Virginia, the City nor the Authority shall be pledged thereto. 5. This Resolution shall take effect immediately upon its adoption. ADQPTED: November 19, 1984 2 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHOIRITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Dam Neck Shopping Center Associates 2. LOCATION: Northeast Corner of intersection of General Booth Boulevard and Dam Neck Boulevard 3. DESCRIPTION OF PROJECT: Shopping Center Facility 4. AMOUNT OF BOND ISSUE: $8,500,000 5. PRINCIPALS: F. Wayne McLeskey (50%) 50% by Various Investors 6. ZONING CLASSIFICATION: a. Present Zoning Classification of This site is currently zoned the Property: to permit this development consistent with the general plan of the City b. Is rezoning Proposed: No City Council of Virginia Beach, Virginia Municipal Center Virginia Beach, Virginia FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUF BOND FINANCING October 22, 1984 Dam Neck Shopping Center Associates Shoppirig Center Facility 1. Maximum amount of financing sought $8,500,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $6,500,000 3. Estimated real property tax per year using present tax rates $ 71,500 4. Estimated personal property tax per year using present tax rates $ 25,000 5. Estimated merchants' capital tax (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 $ N/A 7. Estimated number of reqular eniployees on year round basis $ 300 8. Average annual salary per eniployee $ 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 respect thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By Chairman Economic Impact Statement 1. Amount of investment $ lo.non.noo 2. Amount of industrial revenue bond financing sought $ R-qnn--noo 3. Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach $ A qnn-noo 4. Estimated real property tax per year using present tax rate 71,500 5 Estimated personal property tax 000 6. Economic impact statement demonstrating the overall return to the City: A. Number of new jobs 300 B. Payroll generated $ 3 OoO, 000 Av. Wage $ minimum or better 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.): Type Value @ot yet determined $ F. Estimated building permit fee and other municipal fees 2 G. Estimated construction payroll $ 2 000 000 to H. Estimated value of construction 2,250,000 material to be purchased within the City of Virginia Beach $ et determine I. Estimated number of construction jobs as manv as 500 over the construction J. Any other items of which the period. applicant feels the Authority should be made aware of in evaluating the project hl@ igr@.gf pavroll will he ipaid to a Virginia Be@.h wr e. 7. Is the site currently zoned for the use of being proposed for industrial revenue bond financing? Yes No 8. Has a bond purchase agreement/commitment been accepted by the 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 No 10. Location of project (attach location map) Nnrfbpast corner of intersection of Cenerai boo Dam Neck Rlvd. (old Oceana B v . see map 11. Explanation of alternative financing that has been reviewed for project Nonp I hereby certify that the information stated in the above Economic Impact Statement is accurate-and true in all respects. 3 I 1 cant) Vincent 1. Mas-tracco, 711., Attorney Subscribed and sworn to before me this 19th day of October -, 1984. Notary Public My Cornmission Expires: this publication electronic or m, w W@lf Rd C-10 W@g@ll Sl G 07 C, "9 v w w w w W, W, W, W, W,, W,, W,, W@,, W,,f Wh@l, WI@l, Wh,,,, W, WIIP .11,Pll Whi,li@, Whil, @, Whil, C, w@ill B,, Whill 81, Whil, C, W@i,@ c, Whil, 0. 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L coo PROJECT NAME: Dam Neck Shopping Center AssOCiates PROJECT ADDRESS : Northeast Corner' Of intersection of Genaral TYPE OF PROJECT: Booth Boulevard a -nd-@im Neck BOulevard Shopping Center RESOLUTION OF CITY COUNCIL OF THE CITY OF VIRGINIA BEACH APPROVING ISSUANCE OF BONDS FOR DAM NECK SHOPPING CENTER ASSOCIATES WHEREAS, the City of Virginia Beach Development Authori- ty (the Authority) has considered the application of Dam Neck Shopping Center Associates (the company) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $8,500,000 (the Bonds) to assist in the financing of the Company's acquisition, construct4-on and equipping of a shopping center facility (the Facility) to be located at the northeast corner of the intersection of General Booth Boulevard and Dam Neck Boulevard in the City of Virginia Beach, Virginia, and to be owned by the Company, and has held a public hearing thereon on November 13, 1984. WHEREAS, Section 103(k) of the Internal Revenue Code of 1954, as amended, provides that the highest elected govern- mental officials of the governmental units having jurisdic- tion over the issuer of industrial development bonds and over the area in which any facility financed with the proceeds of industrial development bonds is located shall approve the issuance of such bonds; and WHEREAS, pursuant to Section 103(n) of the Internal Revenue Code of 1954, as amended (the Code), there is imposed upon each state a ceiling (the State Ceiling) on the amount of the private activity bonds that may be issued in that state for any calendar year; and WHEREAS, pursuant to this authority granted by paragraph 6 of Section 103(n) of the Code, the Governor of the Common- wealth of Virginia issued Executive Order Number 50 (84) (the Executive order) providing for a formula for allocating the State Ceiling for the Commonwealth of Virginia (the Common- wealth) among the governmental units in the Commonwealth having authority to issue private activity bonds; and WHEREAS, pursuant to the Executive Order, the City of Virginia Beach, Virginia, has been allocated $21,195,000 (the City Limit) of the State Ceiling for the remainder of the calendar year of 1984 and the Counsel has utilized all of the City Limit for other projects to be located in the City; and WHEREAS, the Authority issues its bonds on behalf of the City of Virginia Beach, Virginia (the City), the Facility is to be located in the City and the members of the City Council of Virginia Beach (the Council) constitute the highest elected governmental officials of the City; and WHEREAS, Section 15.1-1378.1 of the Code of Virginia of 1950, as amended, provides that the Council shall within 60 calendar days from the public hearing with respect to indus- trial development revenue bonds either approve or disapprove the issuance of such bonds; and WHEREAS, the Authority has recommended that the Council approve the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a Fiscal Impact Statement in the form prescribed by Section 15.1-1378.2 of the Code of Virginia of 1950, as amended, and a reasonably detailed summarv of the comments expressed at the public hearing, if any have been filed with 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 City Council of Virginia Beach, Virginia, approves the issuance of the Bonds by the Authority for the benefit of the Company, to the extent required by Section 103(k) of the Internal Revenue Code of 1954, as amended (the Code), and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the Virginia Code), to permit the Authority to assist in the financing of the Facility. 3. Since the allocation necessarv for the issuance of the Bonds must be obtained from the State Reserve, as deter- mined pursuant to the Executive Order, the City Manager or such other person as may be designated by the City Manager, is hereby authorized and directed to file an application pursuant to the Executive Order requesting an allocation of $8,500,000 for the Facility from the State Reserve. 4. The approval of the issuance of the Bonds, as required by Section 103(k) of the Code and Section 15.1-1378.1 of the Virginia Code, does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Facility or the Company, but, as required by Chapter 643 of the Acts of Assemblv 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 of Virginia, the City nor the Authority shall be pledged thereto. 5. This Resolution shall take effect immediately upon its adoption. ADOPTED: November 19, 1984 2 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Blue Marlin Motel, Inc. Facility 2. LOCATION: 2411 Pacific Avenue Virginia Beach, Virginia 23451 3. DESCRIPTION OF PROJECT: Twenty room addition to existing motel structure 4. AMOUNT OF BOND ISSUE: $500,060 S. PRINCIPALS: Arthur E. Wells Robert L. Winstead 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property B-4 b. Is rezoning proposed? Yes No XX C. If so, to what zoning classification? FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: October 22, 1984 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Blue Marlin Motel, Inc. Facility TYPE OF FACILITY: Twenty room addition to existing motel structure 1. Maximum amount of financing sought $ 2. Estimated taxable value of the facility's real property to be constructed iq the 450,000 municipality $ 3. Estimated real property tax per year using present tax rates $ 3 , 6 00 4. Estimated personal property tax per year using present tax rates $20,000 5. Estimated merchants! capital (business license) tax per year using present tax rates $ 2 5 0 6. Estimated dollar value per year of goods and services that will be purchased locally $ 30 , 00 0 7. Estimated number of regular employees on basis $ 5 SEASONAL 8. Average annual salary per employee(seasonal$ 2,000 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 N Ch ... p..k. Ch - - - > p@on 0 > Blue Marlin Motel Ii e s a 11 e a e 2411 Pacific Av"'ue Virginia Beach. VA 23411 0.... V,.. 0 C., m C... > :z to .. .... PROJECT NAME: BLUE MARLIN MOTEL, INC. FACILITY PROJECT ADDRESS: 2411 PACIFIC AVENUE VIRGINIA BEACH, VIRGINIA 23451 PROJECT TYPE: TWENTY ROOM ADDITION TO EXISTING MOTEL STRUCTURE RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR BLUE MARLIN MOTEL INC. FACILITY WHEREAS, the City of Virginia Beach Development Authority (the "Authority"), has considered the application of Blue Marlin Motel, Inc., a Virginia corporation, (the "Company") for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $500,000 (the "Bonds") to assist in the financing of the Company's acquisition, con- struction and equipping of a twenty room addition to the existing motel structure (all improvements and land being collectively referred to as the 'Facility") located at 2411 Pacific Avenue in Virginia Beach, Virginia, and has held a public hearing thereon on November 13, 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, 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 Clerk of the Council; 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, in a principal amount not to exceed $500,000 for financing the acquisition, construction and equipping of a twenty room addition to the existing motel structure to be located at 2411 Pacific Avenue, Virginia Beach, Virginia, for the benefit of Blue Marlin Motel, Inc., to the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the finan- cing 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, pur- suant 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 reve- nues and moneys pledged therefor, and neither the faith or cre- dit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, employees and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or conse- quential, resulting from (1) the Authority's failure to issue bonds for the Facility for any reason, including but not lim- ited 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 the Bonds for the Facility to allocate a portion of its allowable industrial development bond volume to the Facility if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. 4. This Resolution shall take effect immediately upon its adoption. Adopted by a majority of a quorum the Council of the City of Virginia Beach, Virginia, on November 19 , 1984. I certify the foregoing to be a true and correct copy of a resolution adopted by the City Council of the City of Virginia Beach, Virginia, at a regular meeting held November -, 1984. Clerk -2- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Rowe Properties Oceana East side of Canal No. 2 in the Oceana 2. LOCATION: West Industrial Park op the south side of International Parkway at the i t@er- section of Road 01 3. DESCRIPTION OF PROJECT: 2Mroximate 80,0 ' war@- house, distribut?on7qulairg@htfomoatnufactur- ing, and office facility 4. AMOUNT OF BOND ISSUE: $2,700,000 5. PRINCIPALS: A. Kemp Rowe 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property I-2 b. Is rezoning proposed? Yes No X C. If so, to what zoning classification? N/A 1 1/ 5/ 3 3 FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: October 24, 1984 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Rowe Properties Oceana Project TYPE OF FACILITY: Warehouse, Distribution, Light manufacturing, and office Facility 1. Maximum amount of financing sought $2,700,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 2 , 0 0 0 , 0 0 0 3. Estimated real property tax per year using present tax rates $ 18,000 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 $1,300,000 During Construc- and services that will be purchased tion locally $* Thereafter 7. Estimated number of regular employees on year round basis 175 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 By Chairman It is estimated that the tenants for the subjecl vroject will pay personal property tax annually in an aggregate amount of $1,000, merchants' capital tax annually in an aggregate amount of $2,500, and will purchase annually $125,000 of goods and services. Economic Impact Statement 1. Amount of investment $2 700 000 2. Amount of industrial revenue bond financing sought $ 0 000* (attache( 3. Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach $2,000,000 4. Estimated real property tax per year using present tax rate $- 18,000 5. EStimated personal property tax $ N/A** (attached) 6. Economic impact statement demonstrating the overall return to the city: A. Number of new jobs 175 B. Payroll generated $2,625,000 Av. Wage $15,000 C. Number of jobs retainbd N/A D. Payroll retained $ N/A Av. Wage $ A E. Estimate of the value of goodsand services purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type Value TOTAL $ (attached) The Developer will be personally obligated to fund any con- struction overruns and any operating deficits during rent up. It is estimated that the tenants for the subject Project will pay personal property tax annually in an aggregate amount of $1,000 and merchants' capital tax annually in an aggregate amount of $2,500. The Developer expects to purchase $1,500,000 of goods and services locally during construction. Thereafter, it is expected that tenants of the Facility will purchase annually $125,000 of goods and services. F. Estimated building permit fee and other municipal fees s 0 , 0 0 0 G. Estimated construction payroll s 00,000 H. Estimated value of construction material to be purchased within the City of Virginia Beach $500,000 I. Estimated number of construction jobs 00 J. Any other items which the applicant feels the Authority should be made aware of in evaluating the project r has developed five multi-million dollar commercial facllltl,?- . th. Cl@Y of Virginia Beach since 1981. These include the Corporate 7. Is th-e site currently zoned for the use of being proposed for industrial revenue bond financing? Yesx@ No 8. Has a bo hd purcha-se 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. L-ocation of project (attach location map) East side of Canal No. 2 in the Oceana West Industrial Park on the sout s, e of International Parkway at thp intprq@,ti,@ -F Doad 01. 11. Explanation of alternative financing that has been reviewed for project None -- the Project will probably not Center located in the Pembroke area and an additional headquarters office facility on Greenwich Road. In connection with these Projects, @he Developer has brought new firms to Virginia Beach and has sup- ported the growth of existing local firms by providing first-class, fairly-priced office space for expansion. I hereby certify that the informati,n stated in the above Economic Impact Statement-is accurate and true in all respects. Attorney for Applicant Subscribed and sworn to before me this 24'th day Of October 1984. -t-ry Pbl@@ my CommissiOn Expires: (q Pill I USTRIAL PROJECT NA14E: Rowe Properties Oceana Project PROJECT ADDRESS: East side of Canal No. 2 in the Oceana West Industrial Park,;on the south side of Inter- national Parkway at the intersection of Road 01 TYPE OF PROJECT: warehouse, distribution, lite manufacturing, and office facility RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR ROWE PROPERTIES OCEANA FACILITY WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application of Rowe Pro- perties Oceana, a Virginia limited partnership, or any part- nership or corporation of which A. Kemp Rowe or Rowe Development Company is a partner shareholder or partner (the "Company") for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $2,700,000 (the "Bonds") to assist in the findncing of the Company's acquisition, con- struction, and equipping of a warehouse, distribution, light manufacturing, and office facility (the "Facility") to be located at the east side of Canal No. 2 in the Oceana West Industrial Park on the south side of International Parkway at the intersection of Road 01 in the City of Virginia Beach, Virginia, and has held a public hearing thereon on November 13, 1984; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virqinia (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 Rowe Properties Oceana, a Virginia limited partnership, or any partnership or corporation of which A. Kemp Rowe or Rowe Development Company 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) its adoption. Adopted by a majority of a quorum of the Council of the City of Virginia Beach, Virginia on November 19, 1984. -3- - 33 - Item II-I. RESOLYJTIONS ITEM # 22802 ADD-ON Councilwoman Henley referenced the newspaper article concerning the issuance of an Industrial Revenue Bond to MEDICAL CARE INTERNATIONAL. The issuance of said bond had been turned down by the Industrial Development Authority. The Staff advised that MEDICAL CARE INTERNATIONAL required a State Certificate of Need as their application would involve facility charges in addition to being a Doctor's Office. This Certificate of Need had not been issued. Councilwoman Henley further inquired as to whether commercial medical facilities would be added to the list of classes of Industrial Revenue Bonds which City Council could DENY. William Nusbaum, Attorney with Hofheimer, Nusbaum, McPhaul and Brenner, responded further to Councilwoman Henley's inquiry. He advised that MEDICAL CARE INTERNATIONAL did not consider this a DENIAL by Category and this firm was merely seeking an Inducement Resolution not a 1984 Allocation. November 19, 1984 - 34 - Item II-I.l.h- RESOLUTIONS ITEM # 22803 Upon motion by Councilman Fentress, seconded by Councilman McCoy, City Council ADOPTED A Resolution approving the issuance of INDUSTRIAL DEVELOPMENT REVENUE BONDS to the following: OCEANA ASSOCIATES FACILITY ($ 3,000,000) Reference was made to the City Attorney's letter of November 14, 1984, in- dicating Oceana Associates was previously approved by Council as Regancy Investments and needs to be reapproved because of the name change and the finalization of the location of the Project within Oceana West Tndustrial Park. (Said letter is hereby made a part of the record). Voting: 9-1 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay. H. Jack Jennings, Jr. Council Members Absent: Nancy A. Creech November 19, 1984 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: OCEANA ASSOCIATES FACILITY 2. LOCATION: Oceana Industrial Park Area No. 1, Northwesterly side of Viking Drive and adjacent to American Hospital Supply 3. DESCRIPTION OF PROJECT: 30,000 sq. ft. office building 4. AMOUNT OF BOND ISSUE: $3,000,000 5. PRINCIPALS: Robert E. LaRose Girish K. Jindia Anthony A. St. George Ronald H. Hobbs Robert M. Darby 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property: b. Is rezoning proposed? No C. If so, to what zoning N/A classification? FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: OCTOBER 16, 1984 TO: THE CITY COUNCIL OF VIRGINIA BEACif, VIRGINIA PROJECT NAME: OCEANA ASSOCIATES FACILITY TYPE OF FACILITY: OFFICE BUILDING 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 $2,720,000 3. Estimated real property tax per year using present tax rates $ 24,000 4. Estimated personal property tax per year usinq present tax rates $ 7,000 5. Estimated merchants' capital (business license) tax per year usinq present tax rates $ 3,000 6. Estimated dollar value per year of goods and services that will be purchased locally $ 200,000 7. Estimated number of regular employees on year round basis 200 8. Average annual salary per employee $ 25,000 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By Chairman p@, O-. M,.i Bi@ ROJECT CATION OCEANA OCE-AP /PAR PROJECT NAME: Oceana Associates Facility PROJECT ADDRESS: Oceana Industrial Park, Area #1, northwesterly side of Viking Drive adjacent to American Hospital Supply TYPE OF PROJECT: Office Building AMENDED AND RESTATED RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR OCEANA ASSOCIATES, A VIRGINIA PARTNERSHIP WHEREAS, by that certain resolution (the Initial Resolu- tion) adopted on September 17, 1984, the Council of the City of Virginia Beach, Virginia (the Council) approved the issuance of up to $3,000,000 of Industrial Development Revenue Bonds (the Bonds) to assist Regency Investments, a Virginia limited partnership or any corporation or partner- ship of which Girish K. Jindia or Robert E. LaRose is a shareholder or a partner, to finance the acquisition, con- struction and equipping of an office buildinq facility (the Facility) to be located in the Oceana Industrial Park Area No. I off Lynnhaven Parkway in the City of Virginia Beach, Virginia (the City); and WHEREAS, it has been determined that Oceana Associates, a Virginia limited partnership of which Robert E. LaRose is a general partner will initially own the Facility (containing approximately 30,000 sq. ft. of space) and lease it to Advanced Technology, Inc.; and WHEREAS, the location of the Facility has been more specifically identified as approximately 3 acres of land in Area No. I of Oceana West Industrial Park on the northwester- ly side of Viking Drive, southwest of, and immediately adjacent to, the property owned by American Hospital Supply and designated as Parcel 37 on the plat recorded in the Virginia Beach Clerk's Office in Map Book 151, at pages 3 and 4; and WHEREAS, the Authority has held a public hearing on November 13, 1984, and has requested the the Council to approve the issuance of the Bonds to comply with (i) Section 103(k) of the Internal Revenue Code of 1954, as amended (the Internal Revenue Code) and (ii) Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the Virginia Code); and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a reasonably detailed summary of the comments expressed at the public hearing, if any, and the fiscal impact state- ment required by Section 15.1-1378.2 of the Virginia Code have been filed with the Council; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council approves the foregoing recitals which are incorporated in, and deemed a part of, this Resolu- tion as if fully set forth herein. 2. 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 and Section 15.1-1378.1 of the Virginia Code, to permit the Authority to assist in the financing of the Facility. 3. The approval of the issuance of the Bonds, as required by Section 103(k) of the Internal Revenue Code and Section 15.1-1378.1 of the Virginia Code, does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643 of the 1964 Acts of the General Assembly of Virginia, as amended, the Bonds shall provide that neither the City of Virginia Beach nor the Authority shall be obligated to pay the Bonds or the interest 2 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 Comrnonwealth, the City of virginia Beach or the Authority shall be pledged thereto. 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 November 19 , 1984. 3 - 35 - Item II-I.2 RESOLUTIONS ITEM # 22804 TJpon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED the following Resolution: RESOLUTION APPROVING THE ISSUANCE OF SPECIAL REVENUE BONDS FROM THE SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY IN THE AMOUNT OF $5,000,000 TO BIRDNECK APARTMENT ASSOCIATES. Voting: 10-0 Council Members Voting Aye: John A. Baum, 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: Nancy A. Creech November 19, 1984 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY APPROVAL OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO BE ISSUED BY SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY BIRDNECK APARTMENT ASSOCIATES 1. PROJECT NAME: (RIVERBEND APARTMENTS) 2. LOCATION: 6.2 acres located near the.southeast c@n of the intersection of Vir@inia Beach - Boulevard and Birdneck Road, Virginia Beach, Va 3. DESCRIPTION OF PROJECT: 112 apartment units located in 14 buildings wit separate office and maintenance'building and swimming pool. 4. AMOUNT OF BOND ISSUE: $5,000,000.00 5. PRINCIPALS: lpwig Rprtnn Rpavic Thomas P. Kapsha Vincent R. Olivieri Bernie J.-Grablowsky 6. ZONING CLASSIFICATION: a. Present ioning classification of the Property A-a b. Is rezoning proposed? Yes No X C. If so, to what zoning classification? The purpose of this Resolution is to approve Suffolk Redevelop- ment and Housing Authority's issuance of its Special REvenue Bonds for the benefit of Riverbend Apartments (Birdneck Apartment Associates). FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: October 15, 1984 TO. THE CITY COUNCIL OF VIRGINIA BEACH# VIRGINIA PROJECT NAME: BIRDNECK APARTMENT ASSOCIATES TYPE OF FACILITY: 112-unit multi-family residential rental apartment project known as Riverbend Apartments. 1. maximum amount of financing sought s 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 3,096.76 rates $ 6. Estimated dollar value per year of goods and services that will be purchased 48,000.00 locally 7. Estimated number of regular employees on year round basis $ 3 B. Average annual salary per employee $ i 5-onn-no 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. By ww Chairman 0 itoia.,,v @Eel m F-3-M ALEXAT ANI "This map i as of Febru then are nc SUBDIVISIONS C"- C.@." . @ca C... P, A@. A@. E..,. A*@, E,@.. Kffi C.;,..- OA C- M.., E 03 C. N. . H-. @ c@ 1.0 k@. c,. KO kw. V.14r E'S N,-@d C 7 Al@. P.. K 07 CW,, U- ..W. N.iN 90 colg. P., CN-l 0, A T., . C-0 By M=. 0. 14 AC, 80,- F.,. A47 Co- t'. S... A-M SN mg.. K47 SS"C@M JOI C.@ On C@@, L4$ C'. . 6, 14, I'M C-:., k, B..,. P.. FM C,.., T. Filk F'43 a M PROJECT NAME: BIRDNECK APARTMENT ASSOCIATES (RIVERBEND APARTMENTS) PROJECT LOCATION: Southeast corner of Va. Beacn biva. and Birdneck Road, Virginia Beach, Virginia TYPE OF PROJECT: 112 unit multi-family residential rental housing Project RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF HOUSING REVENUE BONDS FOR BIRDNECK APARTMENT ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the "Authority"), has considered the appli- cation of Birdneck Apartment Associates, a Virginia limited part- nership in formation (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 $5,000,000 (the "Bonds") to assist in the financing of the Company's acquisition, construction and equipping of a 112-unit multi-family residential rental housing project to be known as Riverbend Apartments (the "Project") located on the southeast corner of Virginia Beach Boulevard and Birdneck Road, in 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 November 13, 1984; and WHEREAS, the Housing Authority has held a public hearing on the same matter on November 13, 1984; and WHEREAS, the Authority and the Housing Authority have 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 and the Housing Authority's resolution each approving the issuance of the Bonds, sub- ject 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 Birdneck Apartment Associates, a Virginia limited partnership in formation, 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 reve- nues 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 November 19, 1984. BIRDNECK APT ASSOC/NMH-R - 2 - 36 - Item II-1.3a. 1985 LEGISLATIVE PROPOSALS ITEM # 22805 TJpon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED a Resolution (AS AMENDED)* endorsing the City of Virginia Beach 1985 LEGISLATIVE PROPOSALS. *Item H ILLEGAL STIMULANTS under SECOND PRIORITY in the 1985 LEGISLATIVE PROPOSALS will be moved to FIRST PRIORITY. *Item I URANIUM MINING, MILLING AND WASTE DISPOSAL under SECOND PRIORITY in the 1985 LEGISLATIVE PROPOSALS will be moved to FIRST PRIORITY. *Item I URANIUM MINING, MILLING AND WASTE DISPOSAL will also be reworded as per the following: Recommendation: The General Assembly should continue the current moratorium on mining and milling of uranium in the Commonwealth until such time as adequate baseline data is developed to assure that uranium may be safely mined and milled. If comprehensive legislation is adopted, it must include be-ertf-efeed the full recommendation of the URANIUM TASK FORCE REPORT including both a non-degradation standard for groundwater protection and no discharge of process water to surface waters from either the mill or the tai.lings facility; and a mechanism for holding localities harmless from any degradation to the environment which may occur. Voting: 10-0 Council Members Voting Aye: John A. Baum, 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: Novenber 19, 1984 Nancy A. Creech - 36a - R E S 0 L U T I 0 N WHEREAS, the Council of the City of Virginia Beach, Virginia, has reviewed the presentation concerning certain legislative proposals; and WHEREAS, after due consideration, the Council is of the opinion that such proposals would be beneficial to the citizens of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT the document attached and marked "Exhibit A" and entitled "CITY OF VIRGINIA BEACH 1985 LEGISI,ATIVE PROPOSALS" presented for consideration to the 1985 Virginia General Assembly is hereby endorsed by the Council as the City's official legis- lative requests and recommendations for the 1985 session. The City Clerk is directed to forward a copy of this resolution with "Exhibit A" to each member of the General Assembly representing the City of Virginia Beach, Virginia. ADOPTED: November 19, 1984 JDBAh (AS ENDED) 11/14 /84 November 19, 1984 I NDEX 1985 LEGISLATIVE PROPOSALS First Priority I tain A I n c r o a so d H I g h w a y Co n s t r u c t I on a n d Ma I n t 9 n a n c 9 Funding B Fundlng of Education c Increased Funding for Medical Education/Indigent Care for Eastern Virginia Medical Authority (EVMA) D Illegal Stimulants E Proposed Contraband Forfeiture Act F Uranium Mining, Milling and Waste Disposal G Improvements to Highways Adjacent to Subdivisions Second Priorlty I+am H Blood Alcohol Content and Driving Under the Influence Arrests I Chemical Test to Determine Blood Alcohol Content i Incentives for Installation of Sprinkler Systems K increased Fees for Public Law Library L Hauling of Materials on Highways m Voting by Local Wetlands Boards N Payments for Street Closures 0 Modulating Headlamps for Motorcycles p Purpose of Zoning Ordinances to Include Aesthetics Q Altered Suspension Systems on Trucks I A. inrramsed Hinhwag Constr.,rtinn mind MglntAnAnr-A Fum" Comment: The Vlrginta Department of Highways and Transportation estimates the present and future highway construction needs for each locality In Virginia through the year 2005 will cost $15,996,639,532. The total needs for Virginta Beach are estimated to cost $754,324,976, which Is 4.7% of the total highway construction needs of the State of Virginfe. In 1984 the State Highway and Transportation Commission revised Its six-year highway Improvement program which Included funding for projects In all localities. The 1984-85 allocatlon for Virginia Beach is $9,100,000 or 1.59% of total highway construction allocations In Vlrginia. If Virginia Beach's allocation for FY 84-85 were equivalent to Its percentage of the total state-wide need, or 4.7%, Virginia Beach should have been allocated $26,830,561. For the entire six-year hlghway Improvement program through 1990, Virginia Beach Is scheduled to receive $38,900,000 which Is 1.49% of the total highway construction allocations for the state. If Virginia Beach's allocation for the entire six years were equivalent to Its percentage of the total state-wide need, or 4.7%, Virginta Beach should have been allocated $122,798,404. The Virginia Department of Highways and Transportation has determined that Virginia Beach has 4.7% of the construction needs In the state, however, the Commission Is funding less than one-third of those con- struction n*ods. This discrepancy Is unfalr and must be changed. The report of the Joint Legislative Audit and Review Commission (JLARC) on equity of current provlsfons for al locating highway construction f unds In Virglnla, dated June, 1984, found that changes are needed In the methods for allocating funds. The proportion of funds provided to the three highway systems (primary, secondary, and urban) do not ref lect the relative noeds ldentif led In those systems. The report recommends that the proportion of funds be changed from the current 50%, 25%, 25% respectively to one-third each, and that a formula based upon population be enacted for distributing funds within the urban system. The report also recommends that urban street maintenance payments be Increased to an amount wh lch more nearly ref lects the cost of maintenance for city streets and Is comparable to the maintenance provided by the state on county roads. Recommendation: The General Assembly should amend the Code of Virginia to substitute a now system for allocating highway construction and malntenance funds as recommended by JLARC. The new system should distribute construction funds equal ly among the primary, secondary and urban systems and estabi lsh a formula for al locating f unds w [thin the urban 5ystem based upon population. The urban street maintenance payments should be Increased to that amount recommended by JLARC which Is comparable to the maintenance provided by the state on county roads. B. F,,ndinn nf Educatton Comment: The Constitution of Virginia states "The General Assembly shal I provide for a systom of free pubi Ic elementary and secondary schools for al I chlidren of school age throughout the Commonwealth and shall seek to ensure that an educational program of high qual lty Is estabi lshed and continual ly main- tained.w To moot thls requirement, the legislature has established the Standards of Quality which mandates the existence of educational programs throughout the state. Because the General Assembly Is responsible for providing a system of free public education, It should also support financially those aspects of the educational program which It mandates by low. These mandates should be funded on the basis of realistic average costs and the state should bear a fair share of the cost. It Is the responsiblifty of the state to fund on a state-wide basis, the Basic Education Program of a student In the Commonwealth. Foremost consideration should be glven to real lstlc funding of the Standards of Qual lty basic aid forumia. The State Board of Education has recommended that the per pupi I expenditure required by the Standards of Qual ity for FY 1985-86 be sat at $1982. This state aid would provide realistic funding for the per pupti cost of education. .However, the budget adopted by the General Assembly for the 1984-86 biennium provided a per pupil allocation of $1776 for FY 86. This Is substantially below the basic aid noeded by school divisions In the Commonwealth. A report prepared by the staff of the Joint Legislative Audit and Review Commisslon In September, 1983 states that the Common- wealth's traditional share of funding for the Standards of Quality has docitned In recent years. Recommendation: ThoGeneral Assembly should ralsethe per pupil allocation for 1985-86 to that amount recommended by the State Board of Education which reflects the actual cost of the Standards of Quality. To accomplish this, the General Assembly should enact an additional one percent state-wide sales tax to be returned to local lties on the basis of school-age population. C I ner&asad F iind I ng f nr Madlc!a I Fduc@nn/ I nd Iniant rara fnr FA%tarn Vfrginia Madieni Authot Comment: The mad I ca l aducation programs In aII of the hospf ta Is connectod with the Eastern Virginia Medical Authority provide care to themodl ca II y Indl gent as do stateun Ivorsl ty hosp I ta Is. Because of this, the General Assembly of Virglnia began a modest funding of direct state aid for this care In the 1978-80 blennium of $4.5 million. Channeled through the medlcal education programs of EVMA, these funds are used to partially Off3st the costs of physician services and hospital care to those fndfvlduals for which no other payment Is avallable. Local governments In eastern Virginia also contribute annually to EVMA, Including $260,000 from Virginla Beach. As an outgrowth of the depression years, state university hospitals have generally recolved funding for lndlgent care. In Virginia these funds have become an Important part of the total f lnancial support of the s-tate medical school/hospital operatlons. For the 1984-86 biennium, the Medical Col lege of V irginta (MCV ) In Richmond wi I I receive approximately $53 mi I I Ion In direct state f undlng for Indigent care. The Unlversity of Virginia School of Medicine (UVA) In Char- lottesville will recelve approximately $42 million. However, Eastern V Irgin la, through the EVMA Programs, wi I I receive approximately $7.6 mllilon. Eastern V lrgin la has 30% of the med lcal ly Ind Igent populatlon In the state which Is hlgher than the areas served by MCV or UVA. However, EVMA wi I I onl y recolve 7.4% of the medical education/indigent care funding. This disparity Is expensive. EVMA hospitals must write off uncol lectable bi I I s wh lch total more than $30 mi I I Ion each year. The losses Incurred through these write-of f s must be made up the fol low fng year through h lgher charges to self-paying and Insured patlents. Recommendation: The General Assembly should provlde additional medical education/indigent care funding to Eastern Virginla Medical Author fty which approximates the percentage of medical ly fndlgent patients In Eastern Virglnla as compared to the rest of the state. D. filonal Stimuignts Comment: Section 18.2-248.5 of the Code of Virginia makes It Illegal for anyone to knowingly sell without prescription to a minor any pill, capsule or tablet containing any combina- tion of caffeine or sphedrine sulfate because when combtned these drugs become a stlmulant. Unfortunately, some businesses havo been able to g*t around this low by sell lng each of the substances separately In capsule form and then giving Instructions to the purchasers as to how to combine them In order to create the Illegal drugs. One business In Virginia Beach operated In such a manner, and it proved to be quite difficult for local law enforcement agenclas to prove the business was doing anything Illegal. Recommendation: The General Assembly should amend Section 18.2-248.5 of the Code of Virginia to make It 11 legal for any person to sel I Individual capsules containing only caffeine or sphodrine sulfate if the sel [or shows the buyer how to combine the two. E. Proposed Contrmhand ForfAiture Act Comment: Al I businesses need money and property to create products, to del lver them to their customers, to promote sales and to grow. Criminal businesses are no different. Drug dealers need money and property to produce and market their contraband goods. Drug traf f lcking Is big business and Is organized to earn huge profits. Each year Americans spend almost $80 b I I IIon to buy I I I lc I t drugs. Money and property are at the heart of th I s I I I egal bus [ness. Ons way to combat this problem and to be successful against drug traff lckers Is to raid their treasures and conf lscate their 11 1-gotten wealth. The power to conf lscate the f lnancial resources of crlmlnals exlsts In the ancient Law of Forfeiture. Section 4-56 of the Code of Vlrginla estabi lshes a procedure for the search, seizure, and forfeiture of conveyances or vehicles used In violation of law, but this act was adopted almost 50 years ago and was almed primarily at conf lscation of bootleg whiskey. It Is very cumbersome for prosecutors and law enforcement agencies to use against the growing drug trade. The act also provides that most of the forfeited contraband be deposited Into the State Literary Fund. The Federal Drug Enforcement Administration has seized mi I I Ions of dol lars In drug-related assets and used these assets to f [nance criminal Investigations. It Is certainly I og lca I to use conf I scated drug f unds and assets to of f set the high cost of drug law enforcement. The Virginia Beach Police Department recovers and turns In to the State Treasury a minimum of $30,000 annually through Investigations of drug and other Illegal activities. If the state code were amended to al low drug montes to go back to the local law enforcement agency which conf lscated It, the probabil lty exists that drug law enforcement may eventual ly pay Its own way. Recommendation: The General Assembly should amend the Code of Virginia to enact a Contraband Forf e lture Act wh fch a I I ows the I oca I law enforcement agency to seize any contraband article or property. The contraband should automatically become the property of the Commonwealth of Virgfnfa and then be turned over tothe law enforcement agency which originally confiscated It for use In controlling drug trafficking and other Illegal activities. F Comment: The Uranium Task Force has completed a report, dated October 1. 1984, which provides Information, analysis and on whether to lift the current moratorium recommendations hat on uranium mining in Virglnia. The report concludes t a uranium development activItY con be undertaken with an acceptable level Of risk and with sconomlc benefits to the stato If the recommendations proposed In the report aro adopted and are treated as an essential Ingredient that must accompany any lifting of the moratorium on uranium mining. If the moratorium is lifted. the repor't recommands that the General Assombly enact comprehensive milling, mining and talling legislation which Includes, among other things. that a non-degradation standard be uphold for ground water protect Ion and that no process water be al lowed to be d I scharged to surfacowaters fromeltherthemill or thetallingsfacility. Unfortunately, there are no guarantees that such state legis- lation if enacted will ensure that radiation from mining activl;les and mill tallingswill notoccur nor that downstream water supplies will not be contaminated. it Is questionable whether there can bo absolutely no discharge of uranium procoss water since Virginia experiences on the average more rainfall than evaporation. If thegeneral Assembly allows uraniummining in Virginla. then the state must onforco the standards described in the report and protect all locallties from any degradation whlch may occur. Recommendation: The Genera I Assemb I y shou I d cont I nue the current morator I um on m I n I ng and ml I I I ng of uran I um I n the Commonwea I th unt I I such t I me as adequate base I I ne data I s dove I oped to assure that uranium may be safely mined and milled. If comprehensive I eg I s I at Ion i s adopted, It must I nc i ude the @ f u I I recommendat I on of the Uranium Task Force report, Including both a non-degra- dation standard for ground water protection and no discharge of process water to surface waters from either the mlli or the tallings facillty; and a mechanism for holding localities harmless from any degradation to the environment which may occur. G. lmprnyoments rant to Subdivinfnns Comment: on October 3. 1979 the supreme Court of Virginia ruled In the case of Hylton Enterprises, Inc. vs. the Board of Supervisors of Prlnce William County, et al, on the questlon of whether a local governing body may require as a prerequisite to approval of a subdivislon plat that the developer construct improvements to oxlstlng publlc highways that abut the subd - vision. The court hold that In the absence of an agreement to the contrary. the enabling statutes In Virginia provlde no express authority to exact the cost of these Improvements from the developer. The court made Its findings based on the following determlnations of the applicable statutest (1) The authorization under the onabling zoning statutes to ensure adequate access to residential planned communltles does not imply authorization to extract paymentfor lmprovementstoexistlngpublichighways. (2) The authorlty granted by the statutes to localities to coordinate streets within a subdivision does not imply such authoritly to require these Improve- ments. In Virginia Beach, developers submit an average of forty now subdivision requests per month. Most of these subdivislons occur in the undeveloped portion of the city which consists of narrow two-lane farm-to-market roads. Tht subdivisions and developments adjacent to these two-lane roads clearly add to their traffic volume and lncr*ases the need to Improve them. Therefore, developers of property adjacent to existing roads should be required to participate In the cost of upgrading and Improving the roads. Recommendationt The General Assembly should amend Section 15.1-446 of the Code of Virginto to allow localities to require a subdlvlder of land to pay his pro rata share of the cost of providing reasonable and necessary roads outside the llmits of the property he Is developing. Such share should be llmited to the proportion of the total estimated cost which the lncr'eased traffic flow generated by his subdlvlsion or development bears to the total estimated volume of traffic generated In the area served by the roads when such area Is fully developed. The cost sharlng should also be based upon a formula whtch adheres to an established street Improve- ment program and Is coordinated with the comprehensive plan of the locality. H Rinnd Alcohol rnntant And Drivlng ,AncA Arras+s Commen+: Section 18.2-266 of the Code of Vlrginia makes It unlawful to drive or operate any motor vehicle whi lo such person has a blood alcohol concentration of 0.15% or more by weight or by volume as lndlcated by a chemlcal test. However, Section 18.2-269(3) states that anyone who drives or operates a mo+or vehicle wl+h a blood alcohol content of 0.10% or more shall be presumed +o be under the influence of alcohol Intoxicants. However, such presumption Is rebuttable In the prosecution of a drunk driving offense. At present, more than +hlrty states have strengthened their drunk driving laws +o make it an actual per se violatlon for a person to drive or operate a motor vehicle with a blood alcohol content of 0.10%. At this level It Is no longer a rebuttable presumption. The United States Congress recently adopted legislation *ncouraging states to adopt the 0.10% blood alcohol content level as per se violations of drunk driving or face the possibillty of losing federal hlghway funds. Task forces around the state concerned with reducing Incidents of drunk drlvlng all agree that a blood alcohol content of 0.10% should be consldered a per se violation of drunk driving laws. Recommendation: The General Assembly should amend Section 18.2-266 of the Code of Virginia to make It unlawful for any person to drlve or operate a motor vehicle with a blood alcohol concentration of 0.10% or more. 1. Ch.micni Tast tn notormin Commentz Section 18.2-268(b) of the Code of Virginta states that any person who operates a motor vehicle upon the publlc highways of this state shall be deemed to have consented to have a sample of his blood or breath taken for a chemical test to determlno th* alcohol content of his blood If such person Is arrested for a Driving Under the Influence violation wlthin two hours of the alleged offense. Unfortunately, there are occasional circumstances which may delay a police offlcor In making a DUI arrest if he must f Irst obtain a warrant for the arrest or If the motor vehicle operator Is taken to the hospital for treatment of Injuries received In a crash. In these cases, the actual arrest can be delayed for longer than two hours from the time of the offense. Recommendatlon: The General Assembly should amend Section 18.2-268(b) of the Cods of V lrginla to el lminate the requirement that a DUI arrest must be made within two hours of the offense as a condltlon for any person driving on the public hlghways to be deemed to have consented to have a blood alcohol test taken. J. lnrentives fnr ingtalintinn nf SprinklAr sxqtams Comment: The Uniform Statewide Building Code currently contains minimum standards for fire protection In buildings. However, in most cases, the minlmum requirements do not Include sprinkler systemsi Fire off lcials bel love that properly fnstal led sprinkler systems, especially In high-rise buildings, provide th* best protectlon. The National Fire Prevention Association cites studies whlch Indicate that in a room with a working sprinkler system, the average loss for contents and structure Is less than $2000 per ftre Incident. In that same room, without a sprinkler system, the average loss for content and structure Is In excess of $5000 per fire Incident. It has also been determined that historically In the United States where a sprlnkler system is In place and operating properly In a bul lding, there has never been a large loss of I Ife f Ire Involving three or more fatal lties. Unfortunately, many communittes have experienced fatal lties of greater proportlon In bul ldings wlthout sprlnkler systems. As an example, on January 1, 1983, three chlidren died In a townhouse f Ire In Virginis Beach. In that Incident the bul Iding contalned no sprinkler system nor smoke alarm. Since the statewide buildlng cods does not require sprinkler sytems as a minimum standard, It may be appropriate for the General Assembly to develop Incentives for bul Iders to lnstal I sprinkler systems wherever possible. Recommendation: The General Assembly should study the possibil lty of al lowlng tax credits and other lncen-tives for bul Iders who lnstal I f Ire protection systems which are above the requlrements of the Uniform Statewide Building Code. K. lncrem@Ad FO@ tlhrnr@ Comment: Section 42.1-70 of the Cods of Virginia allows localities to as sos s $2. 00 for each CIv II action f I led In the courts located wlthin Its boundaries for the acquisition of law books and other equipment for the astabilshment, use and maintenance of the public law library. However, three local- lties are specifically allowed to assess $3.00 per civil actlon filed. Vlrginta Beach has established the Wahab Public Law Library and Is currently assessing $2.00 for each civil action filed In the court to support this library. However, as the price of law books and subscription continuations go up, the I lbrary has had to cut back on a number of sub- scelptions In order to stay within the funds generated by the $2.00 assessment. The growing population In Virginia Beach has resulted In an Increased demand for new subscriptions and titles, however, the three main pubilshers of these r.sourceshave Increasedtheircharg*sdrastlcally. Therefors, in order to most the increasing demands placed upon the Wahab Public Law Llbrary, It Is necessary to lncroase the filing foo for civil court cases In Virginia Beach. Recommendations The General Assembly should amend Section 42.1-70 of the Code of Virginia to allow Virginia Beach to Increase the filing fee for civil court cases to $3.00 per case to support the public law library. HA"Ilftn of Mmtarinic nn Hfnh@ Commentt Trucks haul Ing sand, gravel and stone can be a danger for other motorists because of debrls failing from the truck. It Is not unusual for an automobile to be hit by this material even though Section 46.1-303 of the State Cods requires that a vehicis be constructed, maintalned, and loaded as to prevent Its contents from dropping, sifting, leaking or otherwise escaping therefrom. in order to help prevent this from occurring and reduce the danger to other motorists, vehicles haullng sand, gravel and stone should be covered to prevent their contents from escaplng. Recommendatlon: The General Assembly should amend Section 46.1-303 of the Cods of Virginla to require that any vehfcles operated or moved on a highway In which sand, gravel or stone Is hauled, such material must be covered and confined wlthin the vehicle. M. Vntfng h$ Lot-ni Wig Comment: Section 62. 1-13. 5(7 ) of the Code of VI rg Inla makes it imperative that a local wetlands board approve; approys in modified form; or affirmatively deny an appilcation for use of wetlafids or coastal primary sand dunes wlthin thirty days of the hearing thereon or the appilcation Is deemed approved. For a seven-member board, the law requires four "yes" votes to approve an applicatlon and a majority vote to deny. If only six board members are present, a three-three tie vote on an application means the Wetlands Board has not acted and therefore, the appl lcation is automatical ly approved. The Virglnia Beach Wetlands Board feels that It is not appropriate for an applicant to receive automatic approval In a situation where there are not sufficlent votes to flnd for approval of the application. Recommendation: The General Assembly should amend Section 62.1-13.5(7) of the Cods of Virglnia to provide that if a local Wetlands Board does not act favorably on an application with at least four "yes" votes of a seven-member board then the applicatlon Is denied. N. paxman+s for S+raa+ Closu@ Common+: Section 15.1-366 of the Code of Virginia authorizes localities to requlro that its stroets, alleys or easements be purchased by any person other than the subdivider requesting closure or vacation of the streets, al joys or easements. However, before purchase con be required, the state code provides that the appilcant for the closure must be the owner of al I land that abuts the publ lc lands for which the closure is sought. As a practical matter, In many Instances the appl lcant for a street closure does not own all of the property abutting the street to be vacated. When this occurs, the state code precludes the locality from requlring payment for the street closure. Th I s I oop-ho I e I n the state code shou I d be e I i m I nated In order to al low local lties to receive payment for al I street closures. Recommendation: The General Assembly should amend Section 15. 1-366 of the Code of Virginia to al low local lties to require purchase of street closures whether or not the appl lcant owns al I of the adjacent property. 0. Mndulmtfng Handiamps for Mntnrcycla-Z Comment: Motorcycle manufacturers are buildtng now motorcycles with a hood lamp that may be wired to be both steady burning and to modulate Its upper beam from a higher Intensity to a lower Intensity. This is a now safety feature which will help motorcycilsts be more visible during daylight hours. However, the Virginla State Police have not authorlzed this modulating head lamp for use In Virginia, and It Is therefore not on the State motor vehicle Inspection list as approved equipment. The Virginia Beach Pol Ice Department has motorcycles equipped with this modulating head lamp and pol Ice off Icers feei that It does make motorcycles more visible to on-coming trafflc. Recommendation: The General Assembly should amend the Code of Virglnla to al low motorcycles to be equipped wlth a modulating head lamp that, In the high beam mode, pulsates at a maximum rat* of four times per second. This modulating head lamp shall not be used during the hours of darkness. P. Purpose of 7ontng Ordfnmncas fo includa Aesfhafic.5 Commonf: Socf Ion 15. 1-489 of the Code of V Irg Inla states the purposes for which local zoning ordinances may be adopted. However, the Virginta Supreme Court has ruled that this section does not Include the promotion of aesthetic consider,- tions as a legitimate exercise of local zonlng regulations. From time to time local governments have seen the necessity of trying to promote aesthetically pleasing qualities as part of development In their communtles. This has Included architectural, landscaping and other aesthetically oriented regulations. However, In the absence of specifically enabling legislation, local governments are unable to promote aesthetics In development as part of their zoning ordinance. Recommendatlon: The General Assembly should amend Section 15. 1-489 of the Cods of V I rg I n I a to a I I ow I oca I zon I ng ord I nances give reasonable consideration to, among other things, the following purpose, "to promote the existence of an aesthet- Ically pleasing community." Altered Suspension System Comment: Section 46.1-282.1 of the Code of Virginta states that no person shall operate a passenger vehlcle upon a public highway or street modified by reason of alteration of Its altitude from the ground If Its bumpers are not within a rangs of 14 to 22 Inches above the ground. Thls prohibition Is primarily for safety reasons but does not apply to pickup or panel trucks. In recent years there has boen an Increase In the number of pickup and panel trucks with altered suspension systems or overslzed tlres. This causes the vehlcles to rlde much higher off the ground than they would as originally manufactured. Representatives from the Virglnia Beach Pol Ice Department, the Virginla Department of State Pol Ice and the Virginia Division of Motor Vehicles bel leve that these trucks with altered suspension systems are dangerous to their own occupants and to other vehicles on the road. The Increased elevation causes Instability In turning and difficulty In breaking. Also, If th*se vehicles are Involved In an accident with another car, they tend to ride up on the other vehicle causing greater damage and Injury than might normally be expected. Recommendation: The General Assembly should amend Section 46.1-282.1 of the Code of Vfrginfa to prohibit the addition of lift blocks or spacers to the front or rear suspension systems of pickup or panel trucks except as originally equipped by the manufacturer. - 37 - Item II-J. CONSENT AGENDA ITEM # 22806 Upon motion by Councilman Baum, seconded by Councilman Louis Jones, City Council APPROVED in ONE MOTION Items 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20 of the CONSENT AGENDA Item No. 2 was voted upon separately. Voting: 9-0 Council Members Voting Aye: John A. Baum, 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 Absenti Nancy A. Creech and J. Henry McCoy, Jr., D.D.S. *Verbal Aye November 19, 1984 - 38 - Item II-J.1 CONSENT AGENDA ITEM # 22807 Upon motion by Councilman Baum, seconded by Councilman Louis Jones, City Council ADOPTED a RESOLUTION IN RECOGNITION to MARY SIGILLO BARRACO. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentresst 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: Nancy A. Creecb and J. Henry McCoy, Jr., D.D.S. *Verbal Aye Nove@er 19, 1984 38a - RESOLUTION IN RECOGNITION TO MARY SIGILLO BARRACO WHEREAS: Freedom Is man's birthright -- a sacred living rampart -- the pulsebeat of humanity -- the throb of a nation's heart! "It Is only after we have lost our freedom that we appreciate It's value-"; and, WHEREAS: Many of us have never been called upon to defend the freedom we take for granted nor do we know the torture of Imprisonment for standing up to be counted. Mary Sigi I lo was one of these people who moved from Massachusetts to Belgium with her mother after the tragic loss of her father when she was seven to study at the National Conservatory of Music. She had begun to sing opera at recital halls when Hitler Invaded Poland and Czechoslavakia. She became a courier with the Belgium underground Freedom Fighters. At the age of eighteen years, Mary was captured with her devoted fiance' who was later executed by the Nazi powers. During her capture and imprisonment, she was tortured, questioned and experimented upon by the Gestapo. She was arrested In France and sent to Mons, Belgium, a camp for political prisoners. She was moved to Brussels for Interrogation. There she was stripped of all clothing and personal effects, except a barrette in her hair, and thrown Into a torture cell where the walls were covered with blood from prisoners who had already been tortured there. She was later moved to other camps where she was burned, brutal ly beaten, sterilized and had all her teeth knocked out. She was released by the Germans In 1943 and returned to the underground. At the War's end, she was awarded the Resistance Cross by Prince Charles of Belgium and came back to Lawrence, Massachusetts, where she married Joseph Barraco In 1949. They moved to Norfolk where he became an air terminal cargo otticer at the Naval Air Station in Norfolk. Since then, Mary Barraco has carr I ed her f I ght f or freedom to a I I corners of the wor I d and particularly across America where numerous awards have been bestowed upon her. Mary's home Is a museum of awards and souvenirs, among which Is a handkerchief she made from the mattress cover on her cell bed. She Inscribed her name by pulling threads with her nails through the gray fabric. She has a walking stick carved from the trunk of the "torture tree" at Ghent In Beiglum. There Is also the "Key of Love" from Roanoke, Virginia; a gold dolphin from Cormnodore Bump; the DAR Medal of Honor--awards and commendations too numerous to mention heaped upon her by Presidents, Congressmen, military and civic groups as well as Scouts and service organizations. In the words of Charles E. Cook, "Mary Barreco survived one of history's most lurid examples of man's Inhumanity to man by avoiding the temptation to succumb to despair." NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council pauses In It's deliberations at this season ot Thanksgiving to recognize the untold sacrifices and tremendous contributions toward freedom of one of the City's greatest Ambassadors: Mary Sigillo Barraco with this framed Resolution delineating special leadership in "Carrying the Torch for Freedom". Given under my hand and seal this Nineteenth day of November, Nineteen Hundred Eighty-Four. Mayor November 19, 1984 - 39 - Item II-J.2 CONSENT AGENDA ITEM # 22808 Bruce Edwards, Director of Emergency Services, spoke concerning this item. Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council DEFERRED the Resolution approving the permit for EASTERN VIRGINIA AMBULANCE SERVICE to operate an ADVANCED LIFE SUPPORT MODE. This DEFERRAL was to enable the review of The City Ordinance and State Code by the City Attorney for a time limit on said permit and a "hold harmless" clause to alleviate the City liability. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., 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 Abstaining: Louis R. Jones Council Members Absent: Nancy A. Creech - 40 - Item II-J.3 CONSENT AGEN@ ITEM # 22809 Upon motion by Councilman Baum, seconded by Councilman Louis Jones, City Council ADOPTED the following Resolution: Resolution authorizing the City Manager to execute an agreement between the City of Virginia Beach and the VIRGINIA BEACH MUNICIPAL EMPLOYEES FEDERAL CREDIT UNION to allow the Credit U-i-- to l@ase a parcel of City owned property for the purpose of operating a federally-chartered credit ni,n on those premises. Voting: 9-0 CO-cil Members Voting Aye: John A. Baum, Robert E. Fentressi 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 CO-cil Members Voting Nay: None Council Members Absent: N-cy A. Creech and J. Henry McCoy, Jr. , D. D. S. *Verbal Aye - 40a - R E S 0 L U T I 0 N WHEREAS, the City Council is of the opinion that a credit union is beneficial to the employees of the City of Virginia Beach; and WHEREAS, the Virginia Beach Municipal Employees Federal Credit Union has requested permission to lease a parcel of City owned property. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized and directed to execute the attached agreement (EXHIBIT A) between the City of Virginia Beach and the Virginia Beach Municipal Employees Federal Credit Union to allow the Credit Union to leasea parcel of City owned property for the purpose of operating a federally-chartered credit union on those premises. ADOPTED: November 19, 1984 er 11-14-84 November 19, 1984 EXHIBIT "A" THIS LEASE, made this day of 1984, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of virginia (City) and the FEDERAL CREDIT UNION (Credit Union). Section One Demise of the Premises City hereby leases to Credit Union for the purpose of operating a federally-chartered Credit Union those certain premises with appurtenances, situated in the Municipal Center, Virginia Beach, Virginia, more specifically described in Exhibit 'A' attached hereto. As used herein, the term "premises" refers to the real property above-described and to any improvements located thereon from time to time during the term hereof. Section Two Term and Rent The term of this Lease shall be for a period of twenty-five (25) years. In consideration thereof, Credit Union shall pay the I sum of rent to City per year. Such sum shall be payable to the Treasurer, City of Virginia Beach, and tendered to the Director of the Department of Finance annually, on or before April 1st of each year. Section Three Uses Credit Union shall not use or permit the demised premises or ii any part thereoe to be used for any purpose other than the purpose for which demised premises are being leased, to wit: operation of the Virginia Beach Municipal EmployeeS Federal Credit Union. IE at any time the Credit Union ceases to utilize the premises or any portion thereof for such purpose, the premises shall revert to the City and this Lease shall automatically terminate. Section Four Subletting and ASSignment Credit Union may not sublet the premises in whole or in part without City's consent at any tiine during the term hereoe. Credit Union may not assign this Lease without the express, written consent of the City. Any such assignment shall be void and will constitute grounds for termination hereof. The provisions hereof may not be changed except by a writing of equal dignity signed by both parties hereto. Section Five Construction of New Building Credit Union shall have the riqht to make such alterations, improvements, and changes to the building which currently exists on said premises, should Credit Union deem it necessary. Likewise, Credit Union may construct a new structure on the -2- premises should same become necessary. Any alterations, improve-] Ments, and changes to the premises or any new structure con- structed on the premises shall be the property of the City. All plans and specifications for any new structure or structural alteration to the existing structure shall be subject to prior approval by the City, which approval shall not be unreasonably 1withheld. Should the City elect not to renew this Lease beyond ii the initial term or during subsequent terms via Sections Two or Eleven of this Lease, the City shall pay to Credit Union an amount based upon the following valuation schedule, provided Credit union has constructed an addition to the existing buildi'@'I n the premises: 0 Should the City terminate this Lease based upon Sections Three, Four, or Fifteen, the Lease shall terminate and the City shall not be liable to Credit Union in any amount for any improvements, alterations, additions, or new structures on the premises. Section Six Hold Harmless Clause The Credit Union shall indemnify, hold harmless, and defend @l the City, its employeest agents, and assigns from and against all losses and costs incurred as a result of claims, demands, -3- payments, suits, actions, recoveries, and judqments of every nature and description which are brought or recovered against the Credit Union or the City, its employees, agents, and assigns by reason of any act or omission by either the City or the Credit Union or their respective agents, employees, or assigns respecting the operation, use, and maintenance of the Credit Union and premises referred to herein. Section Seven Insurance The Credit Union shall obtain comprehensive general liability insurance in an amount not less than $500,000 combined single limit insuring the City and Credit Union as their interests appear herein. Such insurance shall be with a company acceptable to the City. The Credit Union also aqrees to obtain fire and extended coverage insurance insuring the premises together with any alterations, improvements, and/or new structures constructed thereon. Such insurance shall be acceptable to the City in terms of the amount and the insuring company. Such insurance may name the Credit Union as loss payee for any loss to any new structures on the premises or additions to the existing structure, up to the time a Certificate of Occupancy is issued for the addition or new structure. The City shall be named as loss payee for any loss to: 1. The existing structure as of the date of the execution of this Lease and any alterations or improvements thereto; and/or -4- 2. Any new structures on the premises or additions to the existing structure from and including the date of the issuance of! a Certificate of Occupancy for any such addition or new structure. The City and the Credit Union agree to utilize any such proceeds received pursuant to this paraqraph for the construction of a new structure to house the Credit Union. Section Eight Maintenance The City shall pereorm all general maintenance to the premises and/or to any improvements, alterations, or new structures contained thereon. The Credit Union shall immediately notify the City of the need for maintenance and/or repairs. Failure to notify the City shall absolve the City of any responsibility for repairs and maintenance as well as any resultant and consecuential damaqes. Any improvements or alterations to the premises shall be the sole responsibility of the Credit Union. Section Nine utilities Prior to the issuance of an occupancy permit for the proposed new addition to the Credit Union on the premises, the City shall pay the water, sewer, electric, and fuel oil utilities bills for the premises. Following issuance of the aforesaid occupancy permit, the City shall pay the water and sewer bills for the premises and the Credit Union shall pay and be fully responsible for all other utilities for the Premises. Section Ten Right of Entr.. Credit Union shall permit aaents, employees, and assigns o i f the City to enter into and upon the premises, upon request, to inspect, maintain, and repair the premises and any structures or appurtenances thereon. Section Eleven Funding Out The City represents that it intends to maintain this Lease in effect for the period set forth in this Lease and will continue to use its best efforts to seek acceptance and appropriation of sufficient funds to make payment on all obligations of the City incurred by this Lease. The City may terminate this Lease, however, in the event that the City Council of the City of Virginia Beach does not accept or appropriate funds for any fiscal period for the obliqations incurred by the City in this Lease. Section Twelve Liens The Credit Union shall keep all the premises and every part thereof and all buildings and other improvements at any time located thereon free and clear of any and all liens, mortqages deeds of trust, or any other instrument evidencing an encumbrance @l on the Premises by the Credit Union. Section Thirteen Laws During the term of this Lease, the Credit Union shall comply with all applicable laws affecting the premises, the breach of which might result in any penalty to the City or the Credit Union. The Credit Union shall not commit or suffer to be committed any waste on the premises or any nuisances. Section Fourteen Severabilitv In the event any provision(s) of this Lease or portion thereof is found to be invalid for any reason by a court of competent jurisdiction, the remaining provisions of this Lease shall remain in effect. Section Fifteen Default In the event Credit Union fails to fully comply with any of the provisions of this Lease or should Credit Union fail to comply with any federal, state, and municipal laws, ordinances, and regulations relating to the devised premises or the business -7- conducted thereon, or in the event Credit Union is liquidated, or I in the event the premises are deserted or abandoned for a period of fifteen (15) days or more, the City shall have the right, in I addition to all of the rights and remedies provided by law or equity, after five (5) days written notice to Credit Union, to reenter the premises peacefully or by force and to retake possession of and to terminate this Lease. In the event of such termination, City may relet the premises in whole or in part for the unexpired portion of the term hereof and Credit Union shall be obligated to reimburse City for any difference between the rent payable hereunder and that collected by the City by such reletting. Failure by the City in any one or more instances to insist upon the strict observance of anv term, covenant, condition, or provision of this Lease shall not be deemed a waiver of any such term, covenant, condition, or provision. CITY OF VIRGINIA BEACH, VIRGINIA By City Manager FEDERAL CREDIT UNION By President 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. MUEHLENSECK, City Manager, and RUTH HODGES SMITH, City Clerk, are signed to the foregoing LEASE, have acknowledged before me in my City and State aforesaid. GIVEN under my hand this .. day of for the CITY OF VIRGINIA BEACH, whose names as such the same , 1984. Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH· to-wit: My Commission Expires: Public that in and for , a Notary the City and State aforesaid, do hereby certify · President of the Board of Directors of the FEDERAL CREDIT UNION, whose name is signed to the foregoing LEASE, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of .. , 1984. RJN/da 48.2] 11/9/83 1/19/84 3/6/84 4/~2/84 4/~7/84 9/13/84 Notary Public My Commission Expires: - 41 - Item II-J.4 CONSENT AGENDA ITEM # 22810 Upon motion by Councilman Baum, seconded by Councilman Louis Jones, City Council ADOPTED an Ordinance to amend and reordain Se,tion 27-21 and ADD Sections 27-24 and 27-25 to the Code of the City of Virginia Beach, Virginia pertaining to unclaimed property in possession ,f the POLICE DEPARTMENT. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentressl 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: Nancy A. Creech and J. Fenry McCoy, Jr., D.D.S. *Verbal Aye - 41a - AN ORDINANCE TO AMEND AND REORDAIN SECTION 27-21 AND ADD SECTIONS 27-24 AND 27-25 TO THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO UNCLAIMED PROPERTY IM POSSESSION OF POLICE DEPARTMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 27-21 is hereby amended and reordained and Sections 27-24 and 27-25 are hereby added to the Code of the City of Virginia Beach, Virginia, pertaining to unclaimed property in possession of police department and read as follows: Section 27-21. Disposal of unclaimed property in possession of police. (a) Any unclaimed personal property which has been in the possession of the department of police and remains unclaimed for a period of more than sixty (60) days may be sold at public auction in accordance with the provisions of this article. As used herein, "unclaitned personal property" shall be any personal property belonging to another which has been acquired by a law enforcement officer pursuant to his duties, which is not needed in any criminal prosecution, which has not been claimed by its rightful owner and which the state treasurer has indicated will be declined if remitted under the Uniform Disposition of Unclaimed Property Act of the Code of Virginia. (b) Notwithstanding the provisions of subsection (a) above, bicycles and lost/found property may be disposed of in accordance with Sections 27-24 and 27-25. Section 27-24. Disposal of Bicycles. Any bicycle which has been in the possession of the department of police, unclaimed, for more than thirty (30) days may be sold at public auction or donated to a charitable organization. If a bicycle is sold at public auction, the provisions of Sections 27-22 and 27-23 shall apply. If a bicycle is donated to a charitable organization, the notice provisions of Section 27-22 shall apply. November 19, 1984 - 41b - Section 27-25. Disposal of lost/found property. Any person who initially found and turned over to the department of police, property which otherwise remains unclaimed for a period of sixty (60) days (thirty [301 days for bicycles), may make claim for the return of such property, prior to its sale, to the chief of police or his duly authorized agent. The chief of police or his duly authorized agent may return such property to the finder ma@n such claim. Strict records of each such disposal shall be kept. If the finder does not make claim for the return of the property, the property may be sold at public auction in accordance with the provisions of Sections 27-22 and 27-23. Adopted this 19 day of November , 1984, by the Council of the City of Virginia Beach, Virginia. RMB/da (H) 9/27/84 L Nove@er 19, 1984 -2- - 42 - Item II-J. 5 CONSENT AGENDA ITEM # 22811 Upon motion by Councilman Baum, seconded by Councilman Louis Jones, City Council ADOPTED an Ordinance, on SECOND READING, to transfer Capital Projects appropriations to provide for current needs of projects included in the preliminary FY 1985-1989 CIP. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentressl 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: Nancy A. Creech and J. Henry McCoy, Jr., D.D.S. *Verbal Aye November 19, 1984 - 42a AN ORDINANCE TO TRANSFER CAPITAL PROJECTS APPROPRIATIONS TO PROVIDE FOR CURRENT NEEDS OF PROJECTS INCLUDED IN THE PRELIMINARY FY 1985-1989 CIP WHEREAS, the preliminary FY 1985-FY 1989 Capital Improvement Program details the City's capital project needs for the next five years, and WBEREAS, based on the most recent cost estimaies from various departments, there Is a need to transfer existing appropriations to bring current funds in line with current project needs as shown in the prelimtnary CIP, NOW, TtiEREFORE, HE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that appropriations be transferred between capital projects and from ttie liater and Sewer Reserve for Contingencies as enumerated below to provide for current capital projects needs. Project Class/Project Amount Highway Projects Transfer To: -804 North Beach Storm Drainage-Phase 11 + 1,184,1.06 2-806 Indian River Road-Phase 11 + 400,724 2-933 Lynnhaven Parkway-Phase VI + 780,000 Transfer From: 2-003 Lynnhaven Parkway-liolland Road Intersection - 780,000 2-705 Bonney Road - 597,268 2-805 Kempsville Road-Phase I - 987 1 562 Net Change Water and Sewer Projects Transfer To: 5-304 Small Line Improvements + 188,949 5-623 Columbus Street Pump Station #2 + 2,787 5-800 Virginia Beach Blvd. Main-Phase IIA + 858 5-959 Emergency Production Well-Suffolk + 60,848 5-960 Emergency Production Well-Isle of Wright + 28,400 5-961 Emergency Production Well- Southamption + 4,706 6-815 Infiltration, Tnflow, and Rehabilitation + 760 6-903 Lynnhaven Colony + 164,883 6-924 County and Kempsville Connection to HRSD + 100,000 6-930 Lynnhaven Acres + 5,000 November 19, 1984 42b I-ansfer From: 5-306 Water Distribution-75% - 164,081 6-315 Otieen City - 1,385 6-316 Various Sewer Projects - 212,854 ( r,05 First Colonial Road - 1,139 Improvements to Site - 16,019 Water and Sewer Reserve for Contingencies - 161,713 Net Change -0- Active Project. Included in the preliminary CIP Substantially Completed Project. T)oes not appear in the preliminary CIP Ad opted by the Council of the City of V@rginta Beach on the Nineteenth day of November 19 8 FIRST READING: November 5, 1984 SECOND READING: November 19, 1984 November 19, 1984 PATS-16/ORDl-1, ORDI-2 - 43 - Item II-J.6 CONSENT AGENDA ITEM # 22812 Upon motion by Councilman Baum, seconded by Councilman Louis Jones, City Council ADOPTED an Ordinance, on SECOND READING, to appropriate funds of $864,280 to the SCHOOL OPERATING FUND for the HEALTH INSUPANCE PROGRAM. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentressl 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: Nancy A. Creech and J. Henry McCoy, Jr., D.D.S. *Verbal Aye - 43 a - AN ORDINANCE TO APPROPRIATE FUNDS OF $864,280 TO TTIE SCIIOOL OPERATING FUND FOR THE HEALTII INSURANCE PROGRAM WHEREAS, over the last few yeats City Council has held constant the amount of the city employee contribution in the health insurance program by funding the health insurance deficits, and WHEREAS, in FY1983-1984 the School Board Dassed on to school employees the increased health insurance costs by increasing employee contributions by a total of $864,280, and WIIEREAS, as a result, the city's contribution to the health insurance program per employee is greater than the amount the school district contributes per school emoloyce, and WliEREAS, it is the request of the School Board that City Council appropriate a sum of $864,280 to the School Operating Fund to bring in line the amount contributed per school employee with the amount contributed per city employee, and WliEREAS, the necessary funds are available from the General Fund Balance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF TIIE CITY OF VIRGINIA B-ZACii, VIRGINIA that funds of $864,280 be appropriated from the General Fund Balance to the School Operating Fund for the School Health Insurance Program. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on 19 day of Novembpr , 1984. PUBLIC IIEARING: November 5, 1984 FIRST READTNG: Nnvpmh,@r 5- 1084 SECOND READING: Novetnber 19, 1984 Novemb - 44 - Iteni II-J.7 CONSENT AGENDA ITEM # 22813 Upon motion by Councilman Baum, seconded by Councilman Louis Jones, City Council ADOPTED an Ordinance, on SECOND READING, to appropriate funds of $71,868 for the FEDERAL FOOD STAMP EMPLOYMENT SERVICE PROGRAM. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentressl Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert C. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and J. Henry McCoy, Jr., D.D.S. *Verbal Aye 44a - AN ORDINANCH TO APPROPRIAT9 FUND* Or 071.8 8 FOR T"E FEDERAL FOOD :4@AMP EMPI.OYN4NT SERVtCE PKOGRAM WHEREAS. the DopaktPoOt of Sociul Servicoo ha* been notifigd that the Federal Food StemP EJ*PlOYR"nt Sorvies Program will be oxtended from October 1. 1984 through Juns 30, 1985, and WHEREAS, this progrea is funded in the PY 84@85 Operating Budset for only throo aqnth*. and WHEREAS, in order to continua this program to tho f@ end of tho year an additional appr@priation of 071,860 is noeded, and WH@REA*. the additional appropriotion will provide for @selaries and fr4ngo benefits for three social workers and two clorical positions, and WRAREA.5, the city will be reimbursed at the rate of AOO% f(3r all expenditure* relating to this program. INOW, THEREFORE. SF IT ORDAINED By THE COUNCIL OF THE CITY OF VIRGINIA BEACH that fuhd* of $71,0158 are horsoy appropriated to the Department of $ocial Serv@ce* for salaries and fringe bonefito relate4 to tho continuatiop through Juns 80, 1985 of the Federal Food Stamp Employment Service ProgFou, BE IT FURTHER ORDAINED that Estimatoo Revenuse from the Federal Government be increased by 071,064 to financ? the appropriation. Adopted by tbo Council of tbe City of V*rginin Beach on the _e _@_day of li(lveZb_L ---------------------- 19-44.-- First Roadihq:-_ November 5, 1984 -------- I------------ Sagond Repding:_November 19, 1984 ------------------- ----------- November 19, 1984 - 45 - Item II-J.8 CONSENT AGENDA ITEM # 22814 Upon motion by Councilman Baum, seconded by Councilman Louis Jones, City Council ADOPTED an Ordinance, on SECOND READING, to accept and appropriate funds of $36,341.00 from the SOUTHFASTERN VIRGINIA AREAWIDE MODEL PROGRAM (SEVAMP). Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentressi 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: Nancy A. Creech and J. Henry McCoy, Jr., D.D.S. *Verbal Aye 45b AN ORDINANCE 70 ACCEPT AND APPRDP FRCM THE SOUrBEASTEM VIRGINIA AREAWIDE MDDEL PROGRAM , the Department of Health has determined a need to continue providing for the health related problems of elderly individuals, and , the Departnient of Mental Health and Mental Retardation (M/MR) has dete a need to continue providing @rary substitute care for elderly individuals while their family rs are absent, and WHEREAS, the SEVAMP has aworded the Department of Health $38,398.00 and the Deparbmnt of MH/MR $26,345.00 to provide their above respective services, and WHEREAS, City Council has already included $28,402.00 for the Depar@nt of Health in the FY 84-85 operating budget. NOW, RE, BE IT 0 BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized and directed to accept the award and enter into the necessary contractual agreemnts for the city; Funds are hereby appropriated in the amount of $9,996.00 for the Department of Health and $26,345.00 for the Depar @ nt of Mental Health and Mental Retardation. BE IT FURTHER ORDAIM that the apprcpriations will be financed by $36,341.00 estimted revenue fran SEVAMP. FIRST @ING: November 5, 1984 SECOND READING: November 19, 1984 November 19, 1984 - 46 - Item ii-i.9 CONSENT AGENDA ITEM # 22815 Upon motion by Councilman Baum, seconded by Councilman Louis Jones, City Council APPROVED an Ordinance, on FIRST READING, to appropriate funds of $29,600 to establish a budget unit within the DEPARTMENT OF PARKS AND RECREATION for SELF-SUPPORTING PROGRAMS. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentressl 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: Nancy A. Creech and J. Henry McCoy, Jr., D.D.S. *Verbal Aye 46a < AN ORDINANCE TO APPROPRIATE FUNDS OF $29,600 TO ESTABLISH A BIJDGET UNIT in WITHIN THE DFPARTMENT OF PARKS AND RECREATION FOR SELF-SIJPPORTING PROGRAMS WHEREAS, certain recreational programs of a self- supporting nature have been organized by employees of the Department of Parks and Recreation for our citizens, and WHEREAS, the employees have acted as the collector and disburser of funds for the activities, and the city has noL participated in the fiscal function, and WHEREAS, it is the desire of these employees and the department that the City establish a budget unit for self- supporting programs that will allow the Department of Parks and Recreation to provide Lhese services that might otherwise be discontinued, and WHFRFAS, the departnent has determined that funds of $29,600 will be needed for Contractual Services and Other Charges Lo establish a budget unit for PY 1984-1985, and WHEREAS, the appropriation witi be supported by offsetting revenues. NOW THEREFORE, be it ordained by the Council of the City of Virginia Beach, Virginia that a budget unit be established within the Department of Parks and Recreation for self- supporting programs and that funds of $29,600 be appropriated to this budget unit for Contractual Services and Other Charges. BE IT FURTHER ORDAINED that General Pund Revenues be increased by $29,600 to finance the appropriation. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on day of 1984. FIRST READING: 19- l9.q4 SECOND READING: JCM/ORD/33 November 19, 1984 - 47 - Item II-J.10 CONSENT AGENDA ITEM # 22816 Upon motion by Councilman Baum, seconded by Councilman Louis Jones, City Council APPROVED an Ordinance, on FIRST READING, to appropriate funds of $14,535 for the LAW LIBRARY. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentressl 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: Nancy A. Creech and J. Henry McCoy, Jr., D.D.S. *Verbal Aye - 47a - AN ORDINANCE TO APPROPRIATE FUNDS OF $14,535 FOR THE LAW I,IBRARY WHEREAS, the Department of Public Libraries has reviewed the operation of the Law l,ibrary and has identified the need for several items, and WHEREAS, the request totals $14,535 and includes microfilm equipment and books recommended by the Virginia Beach Bar Association, and WHEREAS, the Law Library Fund has an UndesignaLed Fund Balance of approximately $38,000 which is an accumulation of excess revenue from court fees, and WHEREAS, the department desires to purchase the needed items utilizing the Fund Balance. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of $14,535 be appropriated from Lhe Law Library Fund Balance to purchase needed items for Lhe Law Library. This ordinance shall be effective from Lhe date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on day of 1984. FIRST READING: November 19, 1984 SECOND READING: JCM/ORD/36 rji.iTL @,i -PAP, November 19, 1984 - 48 - Item IT-J.11 CONSENT AGENDA ITEM # 22817 Upon motion by Co.ncilman Baum, seconded by Councilman Louis Jones, City Council ADOPTED an Ordinance to transfer funds of $20,000 from the General Reserve for Contingencies for TAX EXEMPTION FOR THE ELDERLY. Voting: 9-0 Council Members Voting Aye: John A. Baum, R.bert E. Fentress*l Mayor Harold Heischob,r, Barbara M. Henley, H. Jack Jennings, Jr., Lo,i, R. Jon's, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members V.ting N,y: None Council Members Absent: Nancy A. Creech and J. Henry McCoy, Jr., D.D.S. *Verbal Aye - 48a - AN ORDINANCE TO TRANSFER FUNDS OF $20,000 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES FOR TAX EXEMPTION FOR THE ELDERLY WHEREAS, the City has processed o@er 400 tax exemptions for the elderly resulting In an abate.ent In real estate taxes for the elderly of approxi@ately $150,000, and WHEREAS, In the FY84-85 Operating Budget funds of $130,000 were pro@lded for thls purpose, and WHEREAS, In order to fund Counctils pollcy on tax e.emptlon for the elderly, funds of $20,000 are needed to cover the payment f this expense, and WHEREAS, the necessary fundlng can be provided by transfer from the General Fund Reser@e for Contlngencles. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of $20,000 be trans- ferred fr.m the General Fund Reserve for Contingencles to Council's budget for tax exemption f.r the elderly. This ordinance shall be effective from the date of Its adoption. Ad.pted by the Councli of the Clty of Virginla Beach, Virginia on day of TT 1 9 8 4 JCM/ORD/38 APP.11OVEV@ November 19, 1984 - 49 - Item II-J.12 CONSENT AGENDA ITEM # 22818 Upon motion by Councilman Baum, seconded by Councilman Louis Jones, City Council ADOPTED an Ordinance to transfer funds of $350,000 within the CONMUNITY DEVELOPMENT PROGRAM for Seatack Target Area Phase I. Voting: 9-0 Council Members Voting Aye: John A. Baum, 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: Nancy A. Creech and J. Henry McCoy, Jr., D.D.S. *Verbal Aye November 19, 1984 - 49a - AN ORDINANCE TO TRANSFER $350,000 WITHIN TBE ITY DEVELOPMENT P the Office of Housing and C ty DeveloFmnt (HCD) for the City of Virginia Beach has identified the need for additional funding of the Seatack Phase I Street and Drainage project, and WHEREAS, funds are available in selected other C@ity Development capital projects, and , the transfer of these funds is essential so as to avoid de- laY in construction of the Seatack street project. Ncw, THEREF'ORE, BE IT ORDA= By THE COUNCIL OF THE CITY OF VI@INIA -ACH, VIRGINIA: That a transfer of appropriations in the amount of $350,000 be jmde within the HCD budget as follows: PROJE)CT TRANSFER TO TRANSEER FROM Seatack streets PhI $350,000 Burton Station water/sewer/streets $ 92,000 Reedtown water/sewer/streets 50,000 Newsome Fann streets 120,000 Seatack streets Ph iIA 30,000 Seatack streets Ph iiB 10,000 Seatack streets Ph iii 35,000 Seatack streets Ph IV 13,000 AdoPted by the council of the City of Virginia Beach on the 19 day of November 1984. APPROVED AS TO CONTENT SIC-NATU.kE D,IPAF,'TMENT APP@01,,,'ED P FOR@,@@ ,@.,Y Ail November 19, 1984 - 50 - Item II-J.13 CONSENT AGENDA ITEM # 22819 Upon motion by Councilman Baum, seconded by Councilman Louis Jones, City Council ADOPTED an Ordinance to transfer funds of $20,000 within the DEPARTMENT OF PARKS AND RECREATION for BALL FIELD LIGHTS. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentresst 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: Nancy A. Creech and J. Henry McCoy, Jr., D.D.S. *Verbal Aye November 19, 1984 - 50a - AN ORDINANCE TO TRANSFER FUNDS OF $20,000 WITHIN THE DEPARTMENT OF PARKS AND RECREATION FOR BALL FIELD LIGHTS WHEREAS, pr.vi..sly the Dep.rt..nt f Parks and Recreation budgeted to, ball field lights Ith the fl.ld m.Intenance ser@ic., and WHEREAS, the department has determined that purchasing the bu I bs separat e f r.m the ma In tenan ce con tract pro v I des a c.nsid.r.ble savlngs, nd WHEREAS, I tIs the de @ i r. f the depart men tto transfer funds of $20,000 fr.m Its Maintenanc. Ac@..nt to a Supply Account In order to purchase bulbs separat. from I ts ma I n- t.na.@. s.rvlce. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of $20,000 be trans- f.rr.d within the Depart.ent of P.rks nd Recreation fr.. the General Maint.n.@.. and R.palr Account to a S.pply Account In order for the department to purch.se bulbs separate f,o@ Its .aintenance servlce. This or d In an ce sha II be f f ct iv. from the date of Its adoption. Adopted by the Council of th. City of Virginia Beach, VI r 9 in i a on Nine teentb d@y f 1 9 8 4 JCM/ORD/31 APPROVED AS TC) CONTENT APr?O'. @D 'r(? Fg@M (,i @ y /,-i November 19, 1984 - 51 - Item II-J.14 CONSENT AGENDA ITEM # 22820 Upon motion by Councilman Baum, seconded by Councilman Louis Jones, City Council ADOPTED an Ordinance to transfer $25,000 of Capital Project Funds to #2-966 INLYNNVIEW ROAD. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentresst Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert C. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent; Nancy A. Creech and J. Henry McCoy, Jr., D.D.S. *Verbal Aye November 19, 1984 - 51a - AN ORDINANCE TO TRANSFER $25,000 OF CAPITAL PROJECT FUNDS TO #2-966 INLYNNVIEW ROAD WHEREAS, City Council has established a capital project for the construction of a major collector road from Great Neck Road to Spiegel Drive, to be known as Inlynnview Road, and WHEREAS, the Departinent of Public Works has indicated that in certain phases of construction actual construction materials have varied from the quantities estimated to complete the project, and WHEPPAS, the department has estimated that project #2-966 will need $25,000 to cover the cost of addilional materials, and WHEREAS, the necessary funds may be transferred from excess funds in completed project #2-832 Wesleyan Drive. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VlRriNlA that capital project funds in the amount of $25,000 be transferred from project #2-832 Wesleyan Drive to project #2-966 Inlynnview Road. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Reach on the 19 dav of November 19 84 AP@'P,OVED P,7) To CCt,!TENT R,%i November 19, 1984 KAR/2 ORD4 - 52 - Item II-J.15 CONSENT AGENDA ITEM # 22821 Upon motion by Councilman Baum, seconded by Councilman Louis Jones, City Council ADOPTED an Ordinance to establish water and sewer Capital Projects for ALBERTHAS DRIVE AND CONGRESS STREET and transfer funds of $200,000 for the UTILITIES EXTENSION. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentresst 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: Nancy A. Creech and J. Henry McCoy, Jr., D.D.S. *Verbal Aye November 19, 1984 - 52a - AN ORI)INANCE TO ESTABLISH WATER AND SEWER CAPITAL PROJECTS FOR ALBERTHAS DRIVE AND CONCRESS STPEET AND TRANSFER FUNDS OF $200,000 FOR THE UTILITIES EXTENSION WHEREAS, residents of Alberthas Drive and Congress Street have meL the 75% waler service and 51% sewer service requirements of the City's policy for the eXLension of these utility services, and WHEREAS, the Health Department has recommended that water and sewer service be made available to this area as soon as possible, and WHEREAS, the Department of Public Utilities has estimated the coaL of the water line extension for Alberthas Drive/Congress StreeL at $75,000 and the sewer line extension at $125,000, and WHEREAS, the Department has indicated that funds for the water utility project may be transferred from project #5-306 Water DisLribution-75% and funds for the sewer utility project may be transferred from project #6-306 Various Sewer Projects, and WHEREAS, the Department recommends the extension of water and sewer lines to this area and indicates these projects will measurably improve the quality of life for these residents. NOW THEREFORE, BE IT ORDAINED BY THE CO(INCIL OF THE CITY OF VIRGINIA BEACH, that a water utility project and a sewer utility project be established for Alberthas Drive/Congress Street and that funds be transfercd as fottows: Water Projects: Transfer From: 5-306 Water Distribution-75% $ 75,000 Transfer To: 5@-988 Alberthas Drive/Congress Street $ 75,000 Sewer Projects: Transfer From: 6-316 Various Sewer Projects $ 125,000 Transfer To: 6@-953 Alberthas Drive/Congress Street $ 125,000 This ordinance shall he effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach on the Nineteenth d.y of November 19 84 . November 19, 1984 - 53 - Item II-J.16 CONSENT AGENDA ITEM # 22822 Upon motion by Councilman Baum, seconded by Councilman Louis Jones, City Council ADOPTED an Ordinance to authorize a temporary ENCROACHMENT into a portion of the right-of-way of an unnamed 15' alley to HAROLD J. LEVINSON, his heirs, assigns and successors in title. This Encroachment shall be subject to the following conditions: 1. The owner agrees to remove the encroachment when notified by the City, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsigbtly or a hazard. 4. A highway permit must be obtained and a bond posted prior to commencing work within the City's right-of- way. 5. This encroachment shall not be in effect until an agreement has been executed encompassing the above conditions. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentresst 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: Nancy A. Creech and J. Henry McCoy, Jr., D.D.S. November 19, 1984 - 53a - Requested By Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF AN UNNAMED 15' ALLEY TO HAROLD J. LEVINSON, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Harold J. Levinson, his heirs, assigns and successors in title is authorized to construct and maintain a temporary encroachment into the right-of-way of an unnamed 151 alley. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a septic system to serve a residence at Croatan Beach and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as an unnamed 15" alley, on the certain plat entitled: "SITE PLAN LOT 6 AND 18, BLOCK 23, CROATAN BEACH," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to Harold J. Levinson, his heirs, assigns and successors in title and that within thirty 30 days after such notice is given, said encroachment shall be removed from the City right-of-way of an unnamed 151 alley and that Harold J. Levinson, his heirs, assigns and successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that Harold J. Levinson, his heirs, assigns and successors in title shall indemnify and hold harmless the City of 53b - Virginia Beach, its agents and employees from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Harold J. Levinson executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 19 day of November 19 84 MES/re 9/2 8/8 4 (29-E) APPROVED AS TO CONTENT SIGNATURE DEPARTMENT -2- November 19, 1984 53c N@OS DAVUM 00 MSL, -OW cli CITY WATER YKS ATLANTIC OCEAN CffY SE.AGE 09 Ever o, WArlft bib I.,i io 40 i2s i@ co 0 .1 50.00, PIN rs] to 18 P,N(s) 0 6 4)i-, io ALLEY -a 1 111$ IN (5) PROP 3-STY-FR ld FF-21.60 ri PIN (&J PIN (s) t OF ROAD (ELAI PLAR)- N 04- 14'15' W S. ATLANTIC AVENUE (50' RIW) SITE PLAN LOT 6 AND 18, BLOCK 23 CROATAN BEACH M. S. 24 P. 3 7 LYNNHAVEN BOROUGH VIRGINIA BEACH, vA. @@S@LT SCALE l": 60' 9 JUiLY 1984 MADE FO$t DR. AND MRS. HAROLD LEVINSON GALLUP SURVEYORS & ENGINEERS, LTD. 325 FIRST COLOMAL ROAD VIRGIMA BEACH, VIRGINIA 23454 1 A 4200 L 13 F91.53P-26,97 November 19, 1984 i57 12 - 54 - Item II-J.17 CONSENT AGENDA ITEM # 22823 Upon motion by Councilman Baum, seconded by Councilman Louis Jones, City Council ADOPTED an Ordinance appointing Viewers in the petition of WILLIAM R. AND HELEN H. HOLZ for the closure of a portion of EGO DRIVE located east of Matt Lane (Lynnhaven Borough). The Viewers are: Robert J. Scott Director of Planning David M. Grochmal Assistant to the City Manager for Inter-governmental Affairs C. Oral Lambert, Jr., Director of Public Works Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentresst 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-- Nancy A. Creech and J. Henry McCoy, Jr., D.D.S. *Verbal Aye November 19, 1984 - 54a ORDINANCE APPOINTING VIEWERS WIIEI( LAS, W i'l I iklll ii. liulz arid lie leti @l. lioiz, liove giveii due tfid proper nulice, in accurdarice with the statutes for sucti cases inade and prov i dud Lila L ti'L@Y Wi I I oil ti)e 19th day Of Novembc-r , 1984, appIS tlie City Coutici I of tl)e Ci'6,y uf V-ircjitiia tioacii, Virginia, for the appoiliLilIL'IkL Oi Viewev's Lu view tlie beluw-de5cribed pruperty and report in writilig Lo tiic CUUFILI I wlietlier, iri tlie opiriion of said Viewers, any, and afty, wliiit iiiconveiiiefice would result froill tlie discuritiiiuance of tlie liereiriafter described 1)ortiun of tliat certain street of variable wi(Ith, a lias i'i ied sucli al)plicat-ioii witti said Council. NOW, 'f@IEI@E1701a, be it ORDAINED by the Council of ttie City oi Vir,giiiia 13c@icii, Vir(jiiiia: 'IIIAI Robert j. scott -are hereby appointed to view the below-des(@ribed propert,y and rel)urt iti writing to tlie Cour@cil, as soon as possible, wtictli in their opinion, any, and if any, wtiat inconvenieiice would result in the discoritinuing and vacatirig of a portion of that certaiii street of v,iriabl, widtli located in tlie City of Virginia Beach, Virginia, and iiiure parliculai described as folluws: Ego Drive beginning at a point on the East side of Matt Lane North 2 degrees, 21 niinutes West a distance of bU feet to a point and tlietice Nortli 87 degrees, 39 minutes East a distance of 134.57 feet to a point, thence South 1 degree, 15 iiiinutes East a distance of 50.01 feet to a point; thence North 87 degrees, 39 niinutes East 133.61 feet to the point of beginning. C.MST$E. HELD. SPANO@ 6 CHNSTIE November 19, 1984 54b - All the above as shown upon that certain plat entitled "Plat Show Portion of Ego Drive To Be Closed" as shown on Subdivision of West Oceana Gardens, Lynnhaven Borough,. Virginia Beach, Virginia, niade by Lee S. Rood P.C., Land Surveyor, dated January 19, 1984, which I)Iat is attached heret and made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed street. ADOPT D: November 19, 1984 CHMTIE. @10 -ouue & C@TIE November 19, 1984 CHRISTIE, HELD, SPANOULIS la CHRISTIE A-rTORNEYS AND COUNSELLOPS AT LAW 24ti Fl@' COLONIAL KOAD VIRGINIA BEACH, VIRGINIA 23454 GEORGE A. CHRISTIE TELEPHO14E STUAII:r H. HELD (804) 422-1400 CONSTANTINE A. SPANOULIS CHRIS A. CHP.ISTIE CERTIFICATE OF VESTING OF TITLE 1, Stuart H. Held, attorney for 14illiam R. Holz and Helen H. Holz, do hereby certify that: 1. I am an attorney at law and represent Williani R. Holz and Helen H. Holz, the petitioners. 2. If the property described below is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said property will vest in William R. Holz and Helen H. Holz and Raymond E. Lett and Uebra V. Lett, tlie adjacent latidowners. The said property referred to herein is hereby described as follows: Ego Drive beginning at a point on the East side of Matt Lane North 2 degrees, 21 minutes West a distance of 50 feet to a point and thence North 87 degrees, 39 minutes East a distance of 134.57 feet to a point, thence South 1 degree, 15 minutes East a distance of 50.01 feet to a point; thence North 87 degrees, 39 minutes East 133.61 feet to the point of beginning. z)tuart H. eld IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH KNOWN AS EGO DRIVE, LOCATED IN THE LYNNHAVEN BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED "PLAT SH01411IG PORTION OF EGO DRIVE TO BE CLOSED" AS SHOWII OR SUBDIVISION OF WEST OCEANA GARDENS, LYNIIHAVEil BOROUGH, VIRGII'!IA BEACH, VIRGINIA, [,IADE BY LEE S. ROOD, P.C., LAND SURVEYOR, DATED JANUARY 19, 19'@@4, WHICH PL'MT IS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COUI@',T OF T@iE CITY OF VIRGINIA BEACH VIRGINIA, IN HAP BOOK , AT PAGE WHEREAS, it appearing by affidavit that proper notice has been given by William R. Holz and Helen H. Holz, that they would make application to the Council of the City of Virginia Beach, Virginia, on to have the hereinafter described street discontinued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated: Ego Drive beginning at a point on the East side of Matt Lane North 2 degrees, 21 minutes West a distance of 50 feet to a point and thence North 57 degrees, 39 minutes East a distance of 134.57 feet to a point, thence South I degree, 15 minutes East a distance of 50.01 feet to a point; thence North 87 degrees, 39 minutes East 133.61 feet to the point of beginning. Said parcel of land being a portion of Ego Drive as indicated on the certain plat of property showing Portion of Ego Drive To Be Closed for tiilliam R. Holz and Helen H. Holz, which plat is recorded in the Clerk's C.RISTIE..E@. Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map SP.@O."S . C.RISTI@ Book at page and which is made a part hereof by reference. SECTION II A certified copy of this Ordinance shall be filed in the Office of the Circuit Court of the City of Virginia Beach, indexed in the name of the City of Virginia Beach, as grantor. SECTION Ill This ordinance shall be effective thirty (30) days from the date of its adoption. C..ISTI@. E@0. SPANOUIIS & CHRISTIE .1 .... 1. AT I.. - 55 - Item II-J.18 CONSENT AGENDA ITEM # 22824 Upon motion by Councilman Baum, seconded by Councilman Louis Jones, City Council ADOPTED the following Ordinance: ORDINANCE RATIFYING ASSESSMENTS AGAINST ABUTTING LANDOWNERS FOR THE CONSTRUCTION OF A STORM WATER SEWER FROM A POINT IN THE NORTHWEST QUADRANT OF THE INTERSECTION OF ALCOTT ROAD AND KING RICHARD DRIVE TO A TERMINUS POINT IN THE SOUTHERN RIGHT-OF-WAY LINE OF JOHNSON STREET, SUBDIVISION OF KING'S POINT, IN THE CLTY OF VIRGINIA BEACH. Voting, 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentresst 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: Nancy A. Creech and J. Henry McCoy, Jr., D.D.S. *Verbal Aye November 19, 1984 55a - AN ORDINANCE RATIFYING ASSESSMENTS AGAINST ABUTTING LANDOWNERS FOR THE CONSTRUCTION OF A STORM WATER SEWER FROM A POINT IN THE NORTHWEST QUADRANT OF THE INTERSECTION OF ALCOTT ROAD AND KING RICHARD DRIVE TO A TERMINUS POINT IN THE SOUTHERN RIGHT OF WAY LINE OF JOHNSON STREET, SUBDIVISION OF KING'S POINT, IN THE CITY OF VIRGINIA BEACH. WHEREAS, by Ordinance adopted on the 6th day of 1981, the construction of a storm water sewer, as hereinafter set forth was authorized, and the City Manager was authorized to apportion the cost thereof between the City of Virginia Beach and the abutting landowners, as provided by law; and WHEREAS, there has been recorded an abstract of the aforesaid ordinance showing the estimated amount that would be assessed against each landowner; and WHEREAS, the City Manager has reported to the Council that said storm water sewer has been completed and that he has made assessments apportioning the cost thereof, as set forth in the statement thereof attached hereto, which appears to be fair and just and not in excess of the peculiar benefits resulting therefrom to the abutting landowners; and WHEREAS, he has further advised that a hearing was held pursuant to notice at 2:00 o'clock P.M. on the 6th day of April, 1981, of which hearing all abutting landowners were duly notified; and WHEREAS, it is necessary for the usual daily operation of the Department of Finance and the Department of Public Works that said assessments be immediately approved, in order that the amounts thereof will be fixed without delay, an emergency is set forth and declared; now therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: Section 1. That the apportionment and assessment by the November 19, 1984 - 55b - City Manager against the abutting landowners of the sum of $84,018.00, as set forth in the statement thereof attached hereto, for the construction of a storm water sewer from a point in the northwest quadrant of the intersection of Alcott Road and King Richard Drive to a terminus point in the southern right of way line of Johnson Street, Subdivision of King's Point, in the City of Virginia Beach are hereby approved, ratified and confirmed, the same not being in excess of the peculiar benefits resulting therefrom to the abutting landowners. Section 2. That the said amounts assessed against said abutting landowners shall be payable in twenty (20) semiannual installments due each June 5 and December 5 until paid, beginning on June 5, 1985, with interest on the outstanding said amount from January 1, 1985. The outstanding balance may be paid on any date with the accrual of interest due to said date. Section 3. That this ordinance, being an emergency ordinance, shall be in effect from and after its adoption. Adopted by the Council of the City of Virginia Beach, on the 19 day of November, 1984. JAR/re 1 0/3/8 4 11/13/84 (JAR/MISC) CtTY ATTORNEY November 19, 1984 -2- City of Virginia Beach, VA Kings Point Ditch Improvement Property Owners to be Assessed Assessment Name/Address Lot No. Due Sideney P. Samaha 421 King Richard Drive, VA Beach, VA 14 $1,270.32 Arthur L. Yevlove 425 King Richard Drive, VA Beach, VA 15 1,206.00 Louis Cafiero 423 King Richard Drive, VA Beach, VA 17 1,206.00 Thaddeaus M. Hawkins 437 King Richard Drive, VA Beach, VA 18 1,206.00 Donald L. Hudson 441 King Richard Drive, VA Beach, VA 19 1,206.00 Donald W. Ricks 445 King Richard Drive, VA Beach, VA 20 1,206.00 Frank S. Wright 501 King Richard Drive, VA Beach, VA 102 1,366.80 Robert L. Sanders 509 King Richard Drive, VA Beach, VA 104 1,206.00 James S. Morrisette 513 King Richard Drive, VA Beach, VA 105 1,045.20 Peter L. Calabresk 521 King Richard Drive, VA Beach, VA 107 1,206.00 David T. Kingston 537 King Richard Drive, VA Beach, VA ill 2,621.04 Hubertus J. Koehn 3361 King Richard Court, VA Beach, VA 84 2,444.16 Harold L. Neely 400 Prince of Wales Drive, VA Beach, VA 33 2,412.00 Frodelio R. Tolentino 401 Prince of wales Drive, VA Beach, VA 34 1,817.04 Harold G. Stanbridge 404 Prince of Wales Drive, VA Beach, VA 32 996.96 Norman Roberge 520 Prince of wales Drive, VA Beach, VA 115 1,945.68 Charles T. Gowens 524 Prince of Wales Drive, VA Beach, VA 114 996.96 Robert R. Brado 528 Prince of Wales Drive, VA Beach, VA 113 707.52 John G. Dempsey 532 Prince of Wales Drive, VA Beach, VA 112 1,366.80 Irineo V. Ramiro 536 Prince of Wales Drive, VA Beach, VA 72 1,366.80 Paul Semko 540 Prince of Wales Drive, VA Beach, VA 71 1,206.00 City of Virginia Beach, VA Kings Point Ditch Improvement Property Owners to be ASsessed Assessment Name/Address Lot No. Due Donald E. Nortrup 544 Prince of Wales Drive, VA Beach, VA 70 $1,206.00 Mark J. Sweeney 600 Prince of Wales Drive, VA Beach, VA 69 1,013.04 Sven P. Ecklof 604 Prince of Wales Drive, VA Beach, VA 68 1,013.04 Gary Priolo 608 Prince of Wales Drive, VA Beach, VA 67 1,093.44 Richard A. Fessenden 612 Prince of Wales Drive, VA Beach, VA 66 4,084.32 Robert E. Wright 3349 Prince of Wales Court, VA Beach, VA 119 1,141.68 Arthur McNalley, Jr. 3341 Edinburg Drive, VA Beach, VA 21 1,318.56 Emily D. Jennings 505 King Richard Drive, VA Beach, VA 103 1,206.00 Robert E. Garneau 3344 Prince Edward Court, VA Beach, VA 27 2,492.40 Richard F. Branich 3345 Prince Edward Court, VA Beach, VA 28 2,492.40 Jackson Chen 3364 Prince John Court, VA Beach, VA 65 1,366.80 William A. Kearny 3368 Prince John Court, VA Beach, VA 64 1,206.00 McKinley Chavis, Jr. 3376 Prince John Court, VA Beach, VA 62 804.00 Albert A. Thompson 3348 Alcott Road, VA Beach, VA 8 1,608.00 Mark I. Halperin 404 King James Court, VA Beach, VA 6 1,961.76 Wayne R. Cupp/Brenda W. Gross 517 King Richard Drive, VA Beach, VA 106 787.92 Gray A. Glover 525 King Richard Drive, VA Beach, VA 108 1,206.00 Thomas D. Lewellyn 3357 King Richard Court, VA Beach, VA 83 2,942.64 Donald Walker 3360 King Richard Court, VA Beach, VA 85 1,833.12 Clyde R. Dixon, Jr. 408 King James Court, VA Beach, VA 5 675.36 -2- City of Virginia Beach, VA Kings Point Ditch Improvement Property Owners to be Assessed Assessment Name/Address Lot No. Due Henry A. Surpless 429 King Richard Drive, VA Beach, VA 16 $1,206.00 Sub Total $62,663.76 City of Virginia Beach, VA Kings Point Ditch Improvement Property Owners Paid Assessment Assessment Name/Address Lot No. Paid Bruce M. Cohen 417 King Richard Drive, VA Beach, VA 13 $1,270.32 James Lee Lawson 544 King Richard Drive, VA Beach, VA 73 1,768.80 William A. Pehrs 529 King Richard Drive, VA Beach, VA 109 1,206.00 Timothy N. Farlow 413 King Richard Drive, VA Beach, VA 12 1,238.16 Barry C. Hertsgaard 3372 Prince John Court, VA Beach, VA 62 2,395.92 Paul W. Abelquist 3344 Prince of Wales, VA Beach, VA 118 2,621.04 Ottie C. King 3344 Alcott Drive, VA Beach, VA 9 1,334.64 Joseph Marshall 3344 Edinburg Drive, VA Beach, VA 123 1,608.00 Gary E. Mock 533 King Richard Drive, VA Beach, VA 110 1,206.00 Matthew A. Krakower 409 King Richard Drive, VA Beach, VA 11 1,206.00 Daniel Meek 405 King Richard Drive, VA Beach, VA 10 1,206.00 Delbert C. Lee 3348 Prince of Wales, VA Beach, VA 117 2,685.36 -3- City of Virginia Beach, VA Kings Point Ditch Improvement Property Owners Paid Assessment Assessment Name/Address Lot No. Paid Wayne Presnell 3345 Edinburg Drive, VA Beach, VA 22 1,608.00 Sub Total $21,354.24 Total Assessment $84,018.00 -4- - 56 - Item 11-J.19 CONSENT AGENDA ITEM # 22825 Upon motion by Councilman Baum, seconded by Councilman Louis Jones, City Council ADOPTED an Ordinance authorizing Tax Refunds in the amount of $268.60 upon application of certain persons and upon certification of the Treasurer for Payment. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentresst 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: Nancy A. Creech and J. Henry McCoy, Jr., D.D.S. *Verbal Aye November 19, 1984 M NO. C.A. 7 11/8/84 EMC - 56a - AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty lnt. Total Y ear of Tax Number tion No. p .id William L Doughten N/A Pkng 68751 8/8/84 20.00 Wells Fargo Credit Corp N/A Pkng 71549 10/11/84 30.00 1 Dennis R Weber 114 pp 161485-2 6/5/84 119.82 Total 169.82 I L t4oj 1984 OF L)kW' This ordinance shall be effective from date of adopt'ion. The above abatement(s) totaling p $169, 82 - were approved by the Council of the City of Virginia Beach on the 19 day of November JqT T. Atkinsi Aporoved as to form: Ruth Hodges Smith City Clerk City Attorney ORM NO, C.A. 7 - 56b - 10/31/84 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- D ate Penalty Int. Total Year of Tax Number tion No. Paid Otto G Dacosta N/A Pkng 69680 9/24/84 20.00 Edward & Marion Cahill 84 pp 23119-8 6/4/84 78.78 Total 98.78 This ordinance shall be effective from date of adoption. The above abatement(s) totaling ment; . 8 were approved by the Council of the City of Virginia Beach on the 1 9- day of @o @@er,- . Appr Ruth Hodges Smith City Clerk D@ November 19, 1984 - 57 - ltem II-J.20 CONSENT AGENDA ITEM # 22826 TJpon motion by Councilman Baum, seconded by Councilman Louis Jones, City Council ADOPTED an Odinance authorizing License Refunds in the amount of $226.95 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 9-0 Council Members Voting Aye. John A. Baum, Robert E. Fentresst 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: Nancy A. Creech and J. Henry McCoy, Jr., D.D.S. *Verbal Aye November 19, 1984 'ORM NO, C.A. 8 - 57a - AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONI=R OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA@ That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty I nt. Total Year Paid Royal F. Hendrix, III & Richard Granlund T/A Great Neck Marine P. 0. Box 2685 Va. Beach, VA 23450 1984 7/10/84 177.25 177.25 L. D. Parker & R. J. Goetz T/A L & B Hauling 5560 Odessa Dr. Va. Beach, VA 23455 1983 Audit 21.00 21.00 Thomas Yaeger T/A Val's Pizza of Pembroke 2268 Grant Lake Dr. Va. Beach, VA 23452 1983/84 Audit 28.70 28.70 ment: Ivan D. Mapp Commissioner of Revenue Approved as to f @a E3 'm@o. This ordinance shall be effective from date of C yA rny adoption. The aboveabatement(s) totaling $226.95 - were approved by the Council of the City of Virginia Beach on the day of Ruth Hodges Smith City Clerk November 19, 1984 - 58 - Item II-K.1 UNFINISHED BUSINESS ITEM # 22827 ABSTRACT OF VOTES General Election November 6, 1984 BY CONSENSUS, City Council AUTHORIZED the ABSTRACT OF VOTES for the General Election, November 6, 1984, to be made a part of the proceedings of the MINUTES of November 19, 1984. November 19, 1984 ABSTTtACr OF VOmcasi in the County/City of VIRCINIA BR-,ACII Virginia for Electors for President and Vice President of the United States, at the general election held November 6, 1984. THE TABULATION FOR EACH ELECTOR ENTERED IN THIS ELECIRION IS AS FOLLOWS: RepubUcan Party for Electors for Ronald Reagan, President and George Bush, Vice President Enid H. Neill Lois Westbrook Johnson C. Spotswood Connelly Jane N. Nash James E. Mathews Joseph C. Lumpkin Robeti W. McCaslin W. Dean Short Lucille S. Gaines Kerry D. Scott Carl V. Malcolm, Jr. Pina Brooks Swift lbtal Votes Received 7 2 0 5 7 1 DeMOCrOtiC F" for Electors for Walter F. Mondak, President and Geraldine A. Ferraro, Vice President Dwight L. Green Wilhe C. Cooper Alfred B. Hall Linda A. Singer Milton B. Parsons, Sr. Robert P. Crouch, JL Annie B. Rose Henry E. Howell, Jr. Virginia Lewis Dalton Cliffodean B. Hudson John S. DiYorio Mi Young M. Yoo @tal Votes Received 24 703 Independent for Electors for Lyndon H. LaRouche, President and Billy M. Davis-, Vice President Marsha W. Roark Jeremy C. Lotz Charles Thomas Allen Freyda B. Greenberg Richard A. Zban John R. Cannon Donald W. Carpenter Patricia S. Meyer Robert E. Hull David D. Kalen William West Thornpson, Jr. Geoffrey Lee Steinherz Total Vo(es Received 32 0 (in flgu,.) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election on November 6, 1984, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for Electors for President and Vice President. Given under our hand this 8 day of November, lw- Chairman Vice Chairman A copy teste: Secretary Secretary ABSTRACTOF'VOTFS c-ast in the Coiinf-vlCit-V of VIRGINIA BEACII al the Getierul I,.-let-tioti I)ei(l the jiri:t Tut@@(lay after tlie.fit-,vt Moti(lu,v in Novet?il)t@r, 19 84 ,for MEMBER UNITED STATES SENATE r.t@] v"t. R@,.i@@d (I. Fig..,) John W. Warner 72,981 F,dythe C. "rdie" flarrison 22,330 Joel Bieber I James 14. Brabon 1 D. H. Browning 1 Buggs Bunny I John Murphy Caton I William R. Cornell 1 Thomas Enael 1 John (;ott 1 We, the tindersigned El(,c-toral Boar(l, iil)on evaiiiiiiation of the ojj'i(@ial rcc@ords depo.@ited in the office o.f th,, Citri oftheCirciiitCout-ioflheele(,tionlieldoliNovelliber Sixth 19 84 doherebycertifythattheahoi,, is a true and corl-ec-t Ab.5:trac-I oj' Vot(@v (-ust ut said rlec-tion.for a Metither oj@ ihe 5enate in the Congi-ess o,f th. United States. Given under our hands this Eighth (lay Qf November, 19 84 Chairi?iu Vice Chairina Secrelar Secretary, Electoral Boar Curtis W. Harris I Jegse Jackson I Tom Moss I Meyera Oberndorf I Austin Owen I Sy Simons I William B. Spong 2 Ceorge Welsh I ABSTRACT OF VOTES cast iti the Coutil,vlCit-v of VIRGINIA BEAC.11 Virgiiiiii, al the General Ele(,tion heici tlie first Tzie@day qlter ili,,.Iirst Alonclav in Noi,eniber, 19 84 ji)r MEMBER HOUSE OF REPRESENTATIVES .,er-ond DISTRICT C. I-lilliam Whitehurst 84,969 Steve Allen I Laurie Anderson I Millard Ashley I Cilbert M. Atlee 1 t4illiam S. Bairrain I Robert Banks 1 Berb Bateman 1 W. Robert Beekett 1 F'rank 0. Benson I We, the i4nciersigned Flec-toral Boarel, iil)ori t@vaiiiiiiation of the official rec-ords (Iel)osiled it,ith tlie Clerk o.1 tlie Circuit Court of the ele(@tion hel(I on Noi,(,tiihel' Sixth /9 84 do herel) c-erti fy that ilie above is a triit@ and correc@t Ab,ytra(-t O./, Vole@ f-u.@t tit s(ii(I (,It,(.tioll J'()i-,klettibet- o.f tlie tiouse of Rei)resetitatives in tlie Congress oj the United Slatev. Given urider our handv ihis Eighth -dayofNot,ember, 19 84 Chair?pian Vice Chairman Secretary Set,rclary, Elec-lorat Bt)ard Hal J. Bonney, Jr I Michael Logan Jackson I "@.T@ Sell.,,], James W. Brabon I Tack Jennings I 1). 'him],Ltrper Stuart Bryant I Sylvia Jolinsot, I Mait: .:-,r I Anyone Butt 1 Robert Jones I 'ram Joe Canada 1 Warlene Jones I Joe SmLtli David Ti. Carey 1 William John Jucksch 1 Reggie Smith C. 14. Carr 2 Fd Keil I Snoopy (;erald J. Carver I Frances Kelly 1 William B. Spong 1 Wil.liam Chapman I Andy Kline I @lin, la ';t@,l ;@ 2 J. Betrand (itientham 2 @larcia K. Koenenan I Alleii StevenLon I Ann Connerton 1 Frances X. Kuhn 1 M alie ,;tevenson I E. R.. Creekmc)re 2 Fritz T. Ktilin 1 William P. Stillsmith, Jr I Yellow Dog Democrat 1 Lyndon Larouche 1 Carlton Stockes 1 .J. Doe 1 Richard l,ewis 1 Tata I John Doe 1 James Matthew l,ist I P,@l lini T, t -eiiil t 3 Yellow Dog I Annette J. Marable I Williain T. Turner I Dopey the Dwarf 1 Paul H. Mason I Tames D. Wagner I B. Edwards 1 Sirwn @loore I Potts Walker I Mark Fngel 1 Mickey Mouse 2 Gary 14elch I James Earl Fain 2 John T. McLaughlin 1 Bishop E. Willis I Donald T. Faisen 1 David W. Morgaii I Martha Jo Wilson I r. T'errero 1 Ralph Nader 1 Melvin Yarn I Winfred Flaherty 1 @lilton E. Ilixon 1 Arnold Ziffell 2 Jeff Caffney I Meyera Oberndorf 4 Robert B. Cay 1 Pit Paiilson 1 Ann (,imenez 2 Peanuts I Gary @l. Clenn 2 Owen Pickett Robert Cordon 1 MarthA A. Pierson John Gott 1 Mlchael Posta Peggy lo rriffin I Tom D. Pufrock C.umbv I liarold Roberts J,in@t V. fladdool@ 2 Cordon Lee Robertson I C. Cerili Harris 1 Pat Robertson 4 Fdlth flirrl@on I Robert 14. Robinson 1 Barbara Henley I Thomas Wyane Rogers I Clarence A. Holland 2 Adelaide Rtible I Joe Hoppel 2 Larry Sabato 1 Henry Howell 9 Simon Von Sandtree 2 Richard T. 11111 1 Vicki l,ee 'cheer I Elaine llruska I Robert Scull I ABSTRACT OF VOTES cast in the County/City of VIRCINIA BEACii Virginia, at the Special Election held November 6, 1984 for PROPOSED CONSTffUTIONAL AMENDMENIM QUESTION 1: ShaU the Constitution of Virginia be amended so that members of local governirig bodies can be elected or appointed to vacancies in the office of mayor or board chairman? Total Votes Recei,ed yES 63 24 No 22,621 QUESTION 2-. ShaU the Constitution of Virginia be amended to require a balanced State budget? Total Votes R@cei,ed YES 68,043 NO 18,838 We, the undersigned Electoral Board, upon examiriation of the official records deposi- ted in the office of the Clerk of the Circuit Court of the election held on November 6, 1984, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for and against the proposed amendments to the Constitution of Virginia. Given under our hands this 8 da@ of Nove@r, hairman Vice Chairman -Secretary A copy teste: .-,',,C-fSecretary, Electoral Board ABSTRACT OF VOTI,'S cast in the C()unt.1-ICity (,J' VIRGINIA BEACH Virgitli4 at the election held the first Tuesdai, after thefirst Af,,tidai- itz iV(,@-citiber, 19 84 .I@,r Directors of VIRCINIA DARE DISTRICT Soil and Water Conservation District T.t.i V.t@s R@@i,@d N..., f C@.did.t. (in Fig.,.@) Paul D. McKown 50,849 R. Everett Sawyer 45.248 Debra Amme I Kevin Todd Ball I Barbara R. Barnes 1 Andrew H. Barr I We, the undersigiied I.,'Iectoral flt)ard, up,)n exaniiiiati,)t) o] th(,,,Jjitial rec,)rds deposited viith the Clerk ,l the Cir(-iiit C(,ilri )f tlie ,h,, ii,, held on November Sixth 19 84 , lo lterebi certifj, tiiat the abo@-c, is a tnie and c,)rrect A bstrac-t @,f 1,)tt cast at said eltcti(,n and do therefore determiii(, aii,l iliat tht, ji)ll,,iving receive,l the gr(,atest tiutiib,,r,,f @,,,tcs (ast ill said (,t,,, ti,,@ Paul D. McKown R. Everett Sawyer for Directors of' Virginia Dare Soil atid IVater C,,nservati,)ii Distric-t. Given under our hands this Eighth dav if Novenibc-r, 19 84 Vit-(- Cliairt)iu A S(,t-rt,tari,. l@7,,c.t,,ral H,,ar, A. Earl Beamon I Carl ]]erring I W. f@rooks Stallsmith I Erik S. Bennett I Gary Franklin Holl,'Ind 2 Bob Stern 1 J. Bi,rgstresson 1 Cregory Seal Johnson I Carlton Stocke I Rick Bilz 1 Keith Johnson I Jon Iloward Stombler I James W. Brabon 1 Bob Jones 2 Ceorge Stroud 1 Mitc!hell Britt I John Paul Jones 1 D. M. Summerford 1 D. 11. Browning 1 Ted Kennedy I Annette C. Taylor 3 John C. Clyburn 1 Wayne Kroonjte 1 Charles B. Thierry 1 Jacques Costeau I Marty List 1 Chris P. Thomas 1 Harry Cox 1 Jeffrey D. Long 4 Hunter S. Thompson 1 Patrick Hugh Crawford I Michael Ludwig 1 Nelson P. Tibbitt, Jr 1 E. R. Creekmore 2 Melvin Mann I @lark C. Turner 1 Fdward L. ruffee, Jr I Fverett Martin I Perry Walter 1 Keith Delong 1 Roy Matthews I Albert T. Watson I Bobby C. Dempsey I Scott D. McCreight I Robert Waynwrlght I Kenneth E. Doff 1 John Mcliire I Kirk A. Ways 1 Frank W. Dixon, Jr I Bruce J. Meyer 1 George White I William E. Duncan I Cathy Miners 1 Frank Wilder I Patrick Dunstan 2 Brent A. Morgan 1 Herbert Will I Norman C. rdge 1 J. Fred Muggs 1 Skip Wood I Charles Eldridge I Ralph Nader 1 T. D. liright I Greg Ettel I Milton E. Nixon 2 Melvin Yarn 1 Donald Fagan I Richard W. Ogoen 1 Paul E. Flack, Jr 1 Cornelius B. Owens I Brady C. Flax I Arron Parsons I Alan W. Fulmer 1 Dolly Parton 1 Becky Caffney 1 Charles N. Pierce I Pamela Calligan 1 D. Rachid 1 Ilarry Carbis I Danny Rideout 1 Ann Gimenez 2 Annette Poberts I Jolin Gimenez 1 Rhona Roberts I Gary @l. Clenn I Charles John Saporito 1 t4ilbur ('@raves 2 14esley E. Saunders I C. F. Creer 1 1. Silverman I @f. E. Greer I John Skipper I Deanna Gregory 1 James. A. Smith I Red Harri.% I liarold Berlin Snyder I Ronald Hedland 2 Pamela P. Stallsmith 1 - 59 - Item II-L. I NEW BUSINESS ITEM # 22828 OLD DOMINION UNIVERSITY PRESENTAT10N ON ATLANTIC AVENUE BEAUTIFICATION (RESORT AREA) This item was moved forward on the AGENDA after Planning Item H.14, Application of Rose M. Faris and Isabell M. Cross for Changes of Zoning, in order that Professor Jonathan I. Silberman might meet his air flight schedule. Dr. Jonathan I. Silberman, Professor of Economics - University of Baltimore. Dr. Gilbert R. Yochum, Associate Professor of Economics - Old Dominion University. ECONOMIC ANALYSIS OF THE ATLANTIC AVENUE BEAUTIFICATION PROJECT (RESORT AREA) The primary objective of the study was to estimate the economic benefits of the proposed ATLANTIC AVENUE BEAUTIFICATION PROJECT to the City of Virginia Beach. The secondary objective was to conduct a survey of Virginia Beach residents to ascertain ther opinion about the current Atlantic Avenue and the proposed Beautification Project. The Tourist Generated Benefits of the ATLANTIC AVENUE BEAUTIFICATION PROJECT are as follows: The present value of net revenues the City of Virginia Beach will receive, over 30 years, from the project total.s $33.8 Million. A larger amount, $50.8 Million, will be received by the City assuming that Virginia Beach increases its tourism market share due to the project. Each dollar of revenue the City receives is derived from the following categories: 53.21cts di.rect sales taxes; 26.72cts busi- ness taxes; 5.66cts fees; and 15.4cts from multiplier effects. The present value of total sales generated by the project, over 30 years, will. be $748 Million. Sales will be $1,347 Million under the increase in market share scenario. Lodging will account for 22.85 percent of total sales, restaurants 15.87 percent, entertainment 3.64 percent, and other retail services 57.64 percent. Permanent employment generated by the project, over 30 years, would be 1,743. Project induced employment will be 2,627 under the increase in market share scenario. The project will attract to Virginia Beach an additional 446,593 visitor days in 1990. This figure rises to 751,844 by the year 2020. The increase in visitor days under the growth in market share scenario is 671,941 in 1990 which rises to 1,131,207 by the year 2020. Net revenue to the City of Virginia Beach for each visitor day is $3.77. The tourism multiplier for Virginia Beach is 1.955. Each dollar of tourism spending in Virginia Beach generates an additional $.955 of sales through the multiplier. The Beauti.fication Project will enbance visitors' overall image of Virginia Beach. The project increases the percentage of visitors rating Vi.rginia Beach's i.mage as good-to-excellent from 32.7 percent to 63.9 percent. In a random survey of approximately 350 Virginia Beach residents, 71% support using tax dollars for ATLANTIC AVENUE BEAUTIFICATION. This Presentation by OLD DOMINION UNIVERSITY is hereby made a part of the record. November 19, 1984 - 60 - Item II-L.2 NEW BUSINESS ITEM #22829 PROPOSED SICK LEAVE ORDINANCE Dr. Richard Easton, Chairman of the SICK LEAVE TASK FORCE, presented a PROPOSED Sick Leave Ordinance for the City of Virginia Beach. This Ordinance is the result of a proposal to change the discretionary policy to a formal sick leave policy. (Said proposed Ordinance is hereby made a part of the record.) This Ordinance resulted from deliberations of Members of the Task Force and from surveys and suggestions made by the various City Departments and individual employees. This is the basic core of an ACCRUED SICK LEAVE POLICY which has been provided for consideration. The following spoke concerning this Ordinance: Thomas Abbott, Police Officer, Member of the Executive Board - Virginia Beach Policeman's Benevolent Association Dennis Watson, Police Officer, Vice President - Virginia Beach Policeman's Benevolent Association November 19, 1984 - 61 - Item II-L.3 NEW BUSINESS ITEM # 22830 CONTRACTING MEDICAL SERVICES/CORRECTION CENTER Dr. Richard Easton, Director of Occupational Health, requested the City Contract for MEDICAL SERVICES at the CORRECTIONAL CENTER and presented a report in con- junction with same. The Estimated Net Expenses for Medical Services at the Correction Center for the Fiscal Year 1984-1985 are $217,530 with a total direct and indirect expense of $258,338. There is a reimbursement from the Commonwealth of Virginia wbich reduces the Net Cost. The @ENEFITS the City would realize by contracting MEDICAL SERVICES are as follows: (1) Reducation in Liability Costs. (2) Reduction in Transportation Costs. (3) Increase in range of Services. The Estimated annual value of additional services provided would be approximately $36,000. Upon motion by Councilman McCoy, seconded by Councilman Robert Jones, City Council AUTHORIZED an RFP (Request for Proposal) for the Contracting of Medical Services at the City of Virginia Beach CORRECTION CENTER. Voting: 10-0 Council Members Voting Aye: John A. Baum, 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: Nancy A. Creech November 19, 1984 - 62 - Item II-L.4 NEW BUSINESS ITEM # 22831 PRESENTATION OF CAPITAL IMPROVEMENT PROGRAM FISCAL YEAR 1984-85/1988-89 The City Manager presented the proposed CAPITAL IMPROVEMENT PROGRAM FISCAL YEAR 1984-85/1988-89 (Said proposal is hereby made a part of the record). The City Manager referenced a total five year program of $503,429,032. He further noted recommendations for a Bond Referendum as follows: Schools $ 30,320,000 Highways $ 36,500,000 Buildings $ 6,000,000 TOTAL $ 72,820,000 Staff is also requesting a Water and Sewer Referendum Issue as follows: Water $ 8,121,000 Sewer $ 41,879,000 TOTAL (GPAND) $122,820,000 Proposed CAPITAL IMPROVEMENT PROGRAM Meetings were referenced as follows: Public Hearing December 4, 1984 7:00 P.M. Pavilion Public Hearing December 10, 1984 11:00 A.M. Council Chamber Workshop December 12, 1984 7:00 P.M. Conference Rocym ADOPTION December 17, 1984 Council Chamber November 19, 1984 - 63 - Item II-L.5 NEW BUSINESS ITEM # 22832 SALTWATER SPORTFISHING LICENSE Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADOPTED a Resolution urging the State of Virginia NOT to impose a Saltwater Sportfishing License Tax. A PUBLIC HEARING will be held by the JOINT LEGTSLATIVE SUBCOMMITTEE STUDYING SALTWATER SPORTFISHING LICENSE (SJR 68) on November 28, 1984, at 7:30 p.m., in Room 101 of the Pavilion. Vot@ng: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., 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: None Council Members Absent: Nancy A. Creech *Verbal Aye November 19, 1984 - 63a - R E S 0 L U T I 0 N WHEREAS, Senate Joint Resolution 68 was passed by the 1984 Session of the Virginia General Assembly establishing a Joint Subcommittee of legislators, agency heads, and anglers to investigate the need for a saltwater sportfishing license for recreational fishemen, its acceptability by the recreational fishing community, and the structure necessary to administer such a license; and WHEREAS, it is felt by the Virginia Beach City Council that a State license imposed on tourists coming to Virginia Beach may lead them to think twice if they can just as easily go to Hatteras, North Carolina, or Ocean City, Maryland, without buying a license; and WHEREAS, State funds for cleaning up the Chesapeake Bay can be appropriated from existing revenue sources without imposing the burden of this license; NOW, THEREFORE, BE IT RESOLVED that the City Council of Virginia Beach, Virginia, urges the State of Virginia not to impose a statewide saltwater sportfishing license tax until required to do so by Congress. ADOPTED on this Nineteenth day of November 1984. November 19, 1984 - 64 - Item II-L.6 NEW BUSINESS ITEM # 22833 THE GREEN LINE Upon motion by Councilman Baum, seconded by Councilman Louis Jones, City Council directed the Planning Commission to prepare an Ordinance encompassing their report and recomendations concerning careful comprehensive surveys and studies of those parcels of property in the City of Virginia Beach south of the GREEN LINE and present it to City Council December 3, 1984. Councilman Baum's Motion was as follows: "I would like to make the MOTION that the Planning Commission is directed to make careful comprehensive surveys and studies of those parcels of property in the City of Virginia Beach south of the "GREEN LINE", as previously defined, that may be reclassified to an appropriate district in conjunction with the Comprehensive Plan and the Capital Improvement Program; and, the Planning Commission is directed to prepare an Ordi- nance encompassing their report and recommendations and present it to City Council within three-weeks two weeks (December 3, 1984#" *Motion was amended to two weeks. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress,* Mayor Earold Heischober, Barbara M@ Henley, H. Jack Jennings, Jr., Louis R. Jones* Robert G. Jonest Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D,S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech November 19, 1984 Verbal Aye - 65 - Item II-L.7 NEW BUSINESS ITEM # 22834 ADD-ON DETACHED RESTAURANTS/ H-2 ZONING DISTRICT The City Manager referenced two proposed options in connection with DETACHED RESTAURANTS in the H-2 Zoning District. These options were developed as a result of discussions of City Council concerning the LIGHTHOUSE RESTAURANT (Application for a Change of Zoning on September 10, 1984). These options are as follows: (1) The detached restaurant would be allowed as a principal use in conjunction with a hotel or a motel on the same zoning lot meeting certain conditions. (2) The detached restaurant would be allowed as a Conditional Use on this same zoning lot as a hotel or motel. The above have been reviewed by Director of Planning, Robert J. Scott. Staff is recommending consideration of Option One. The City Council will con- sider referring this to the Planning Commission at the City Council Meeting of December 3, 1984. November 19, 1984 - 66 - Item II-L.8 NEW BUSINESS ITEM # 22835 ADD-ON TAX PROPOSED BY CITY TRFASURER Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council declared they neither ENDORSE nor SUPPORT the City Treasurer's proposal to eliminate the Personal Property Tax or increase the Real Estate Tax. Councilman Jennings' statement: "I believe we as the duly elected legislative body of the City of Virginia Beach, representing all citizens and taxpayers of our great City, need to clear the air on a recent tax idea made by our City Treasurer - basically the elimination of Personal Property Tax and increasing Real Estate Taxes to a level which would equal or offset the loss in Revenue by eliminating the Personal Property Tax. Since a large number of our taxpayers are concerned about this proposal, I believe the Council could allay a lot of fears if we, as a Council, make it clear we do not endorse nor support this proposed idea and do not plan to pursue this particular tax change." Voting: 10-0 Council Members Voting Aye. John A. Baum, 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: Nancy A. Creech November 19, 1984 - 67 - Item II-M.1 RECESS INTO EXECUTIVE SESSION ITEM # 22836 In accordance with Section 2.1-344, Code of Virginia, as amended, and upon motion by Councilman Baum, seconded by Councilman McCoy, City Council voted to RECESS into EXECUTIVE SESSION for discussion of Personnel Matters, and Legal Matters, after which to adjourn (8:22 p.m.)- Voting: 10-0 Council Members Voting Aye: John A. Baum, 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: Nancy A. Creech November 19, 1984 - 68 - Item II-I-M.2 ADJOURNMENT ITEM # 22837 By CONSENSUS, City Counci.1 adjourned the meeting at 9:15 p.m. @-V @@ 6? Y, -Eeverly 17. Hooks Deputy City Clerk Ruth Hodges SmiEh, CMC eiscliober City Clerk City of Virginia Beach Virginia /bh November 19, 1984