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MAY 21, 1984 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR LOUIS R. ]ONES, B.y,id@ B .... gh VICE-MAYOR BARBARA M. HENLEY, P,.g. 8@,@.gb JOH,V A. BAUM, B@,..gh ,NANCY A. CREECH, At L.,g@ IIAROLD IIEISCIIOBER, At L.,g@ H. JACK JENNINGS, JR., Ly@@b..@. B.,..gb ROBERT G. JONES, At L.,g@ W. H. KITCHIN, Ill, Vi,gi@i. B@.,b REBA S. M,CLANAN. P,i.,@@, A..@ B.,@.gb 212 C/7 Y HALL BUILDING J. HENRY M,COY, JR., B.,@.gb MIJNICIPAL CENTER MEYERA E. OBERNDORF, At L.,g, VIRGINIA BEACH, VIRGIIVIA 23456 RUTH HODGES SMITli, CMC, Cily Cl@,k f 804) 427-4 30 3 CITY COUNCIL AGENDA May 21, 1984 ITEM I. INFORMAL SESSION: 12:30 p.m. A. CALL TO ORDER - Mayor Louis R. Jones B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION D. DISCUSSION OF PERTINENT MATTERS 1. Matters for discussion by Mayor. 2. Matters for discussion by Council. E. CITY MANAGER'S ADMINISTRATIVE ITEMS 1 . Right-of-Way Acquisition Policy: Presentation by Mr. C. Oral Lambert, Jr., Director of Department of Public Works. 2. Policy for When Impact of a Road Project is Greater Than Expected: Presentation by Mr. C. Oral Lambert, Jr., Director of Department of Public Works. 3. Review of Consent Agenda ITEM II. FORMAL SESSION: 2:00 p.m- A. INVOCATION: Reverend T. E. Thieman, D.D. Pastor Knotts Island Baptist Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF COUNCIL D. MINUTES OF PREVIOUS MEETING 1. Motion to accept/approve the Minutes of May 14, 1984 and Special Meeting of May 15, 1984. E. PROCLAMATIONS 1. Ruritan Week - May 20-26, 1984 2. Virginia Beach Tourism Week - May 27 - June 2, 1984 3. Hurricane Awareness Week - June 3 - 9, 1984 F. PRESENTATION: 1. Community Alternatives, Inc. 2. David J. McDonald - U. S. Olympic Marathon Runner G. PUBLIC BEARING: 1. Proposed Housing Revenue Bond financing by the Portsmouth Housing and Redevelopment Authority to assist Newtown Diamond Associates. H. RESOLUTIONS - INDUSTRIAL REVENUE BONDS: 1. Industrial Development Revenue Bonds: a. Arista Associates - $2,000,000 b. Robert 0. Copeland or Assigns - $4,500,000 c. Lewis S. and Norma F. Corr Facility - $350,000 d. Floyd R. Davis - $510,000 e. First Landing Associates - $4,000,000 f. 5505 Professional Center Associates - $550,000 g. Guille Steel Products Company, Inc. - $500,000 h. Raygood Medical Associates $8,000,000 i. Kinder-Care Day Care Center $445,000 J. Michel Real Estate Partnership - $225,000 k. Outlet Mall Properties Facilities - $1,350,000 1. Lawrence A. Sancilio - $750,000 M. Syscon Corporation Facility - $6,000,000 n. Waste Resources Economic Development Corporation $5,650,000 2. Special Revenue Bonds: a. Authorization of advertisement of a public hearing for June 4, 1984 to invite and encourage Portsmouth Redevelopment and Housing Authority to issue its housing revenue bonds to Barnett-Range Corporation. II. H. 2. b - Resolution inviting and encouraging the Portsmouth Redevelopment and Housing Authority to exercise its powers to issue its housing revenue bonds to Newtown Diamond Associates - $5,000,000 c. Resolution authorizing the issuance of Industrial Development Revenue Bond to N, M & H Associates (Hollygreen Apartments) by Portsmouth Housing and Redevelopment Authority ($5,000,000) d. Resolution authorizing the issuance of Industrial Development Revenue Bond to Peppertree II Apartments by Newport News Redevelopment and Housing Authority ($8,000,000) e. Resolution authorizing the issuance of Industrial Development Revenue Bond to Rosegate Associates by Suffolk Redevelopment and Housing Authority ($1,500,000) 1. RESOLUTION - MUNICIPAL BONDS: 1. Resolution supporting litigation opposing registration of Municipal Bonds and Taxation of Interest thereon. 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. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. 1. Resolution Community Alternatives, Inc. 2. Resolution David J. McDonald - U.S. Olympic Marathon Runner 3. Resolution to construct left-turn lane on Great Neck Road at Falcon Crescent. 4. Ordinance to amend and reordain Section 27-5 of the Code of the City of Virginia Beach, Virginia, pertaining to service charge for false alarms. 5. Ordinance approving the Tidewater Electronic Network for Police Information (TENPIN) contract and authorizing the City Manager to execute same. 6. Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Fifth Street, Sixth Street, Atlantic Avenue and Ocean Avenue to South End Associates, its assigns and successors in title. 7. Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Constitution Drive and Columbus Street, to Gemini Builders, Inc., its assigns and successors in title. 8. Ordinance to authorize a temporary encroachment into a portion of the right-of-way 61st Street to Norman Sisisky, his heirs, assigns and successors in title. (On April 9, 1984 Council approved the request of Congressman Sisisky for this encroachment but ordinance was not available at that time.) 9. Ordinance appointing viewers in the application of John J. Woodard for the closure of a portion of South Lynnhaven Road. (Princess Anne Borough) II.J.10. Bingo/Raffle Permits Raffle Virginia Beach Little League Bingo/Raffle Plaza Recreation Ltd- 11. Certificate of Public Convenience and Necessity - Diamond and Yellow Cab Companies (Herbert Dise) a. City Manager recommends that this applicated by Denied. K. PLANNING 1. Ordinance closing, vacating and discontinuing a portion of Goose Landing in the petition of Hudgins and Associates (Lynnhaven Borough) . (Council approved this request on October 10, 1984). a. City Manager's letter transmits the recommendation that Council defer this matter indefinitely. 2. Application of R. G. Moore Building Corporation for a variance to Section 4.4(b) of the Subdivision Ordinance which requires lot dimensions conform to the Comprehensive Zoning Ordinance a. Letter of the City Manager transmits the recommendation of the Planning Commission for approval. 3. Application of Lawrence 0. Branch, Antonio J. Gomez, and Dale W. Tyree for a conditional use permit for recreational facilities of an outdoor nature (baseball pitching machines) on a 7,000 square foot parcel located at the southeast corner of 20th Street and Pacific Avenue (Virginia Beach Borough). a. Letter of the City Manager transmits the recommendation of the Planning Commission for approval. 4. Application of David K. Hillquist for a conditional use permit for a 79-room hotel/condomonium on a 28,662.48-square foot parcel located at the southwest corner of Atlantic Avenue and 5th Street (Virginia Beach Borough). a. Letter of the City Manager transmits the recommendation of the Planning Commission for approval. 5. Application of CODI Associates for a conditional use permit for a commercial parking lot on a 14,000-square foot parcel located on the north side of 20th Street, between Pacific and Arctic Avenues (Virginia Beach Borough). a. Letter of the City Manager transmits the recommendation of the Planning Commission for approval. 6. Application of First Assembly of God for a conditional use permit for a church on a 20.102-acre parcel located at the northeast corner of Old Donation Parkway and North Great Neck Road (Lynnhaven Borough). a. Letter of the City Manager transmits the recommendation of the Planning Commission for approval. II. K. 7 .Application of E. S. G. Enterprises, Inc. for a conditional use permit for recreational facilities of an outdoor nature on a 70-acre arel l..at@d on the west side of South Birdneck Road, south of Bells Road (Princess Anne Borough). (This application was deferred on May 14, 1984). a. Letter of the City Manager transmits the recommendation of the Planning Commission for approval. 8. Application of Lee A. Gifford for a change of zonia& from B-2 Community-Business District to 0-1 Office District on a 21,126-square foot parcel located at the southwest corner of the intersection of Independence Boulevard and Copperfield Road (Bayside Borough). a. Letter of the City Manager transmits the recommendation of the Planning Commission to allow withdrawal. 9. Application of F. Wayne McLeskey, Jr. for a change of zoning from R-6 Residential District to R-8 Residential District on two parcels totalling 4.391 acres, located along the east side of Little Neck Road (formerly North Plaza Trail), north of Virginia Beach Boulevard (Lynnhaven Borough). (This application was deferred on May 7, 1984). a. Letter of the City Manager transmits the recomendation of the Planning Commission for approval. 10. Application of Mayflower Virginia Associates for a change of zoning from A-1 Apartment District to B-4 Resort-Commercial District on a 14,000 square foot parcel located on 35th Street, west of Pacific Avenue (Virginia Beach Borough). a. Letter of the City Manager transmits the recommendation of the Planning Commission for denial. 11. Application of HAP investment Corporation for a change of zoning from R-6 Residential District to A-1 Apartment District on a one-acre parcel located at the intersection of Lawrence Drive and Daniel Smith Road in the Newsome Farms neighborhood (Bayside Borough). a. Letter of the City Manager transmits the recommendation of the Planning Commission for denial. 12. Application of Hickory Corporation for a change of zoning from R-6 Residential District to A-2 Apartment District on a 1.3938-acre parcel located at the intersection of Lawrence Drive and Daniel Smith Road in the Newsome Farms Neighborhood (Bayside Borough). a. Letter of the City Manager transmits the recommendation of the Planning Commission for denial. L. APPOINTMENTS 1. Arts & Humanities Commission 2. Eastern Virginia Medical Authority 3. Resort Area Advisory Commission (Atlantic Avenue Beautification) 4. Southeastern Tidewater Opportunity Project 5. Volunteer Council 6 Item II-D. I MINUTES ITEM # 21993 Upon motion by Councilwoman McClanan, seconded by Councilwoman Oberndorf, City Council APPROVED the Minutes of May 21, 1984, with corrections as follows: Page 41 - ITEM # 21973 (ORDINANCE UPON APPLICATION OF E.S.G. ENTERPRISES FOR A CONDITIONAL USE PERMIT FOR RE- CREATIONAL FACILITIES OF AN OUTDOOR NATURE (Amusement Park: "Old Virginia", "Fantasy Land", "Camelot and History Land" and "MarineLand". R0584638) INSERT the word "AMENDED" before the word AGREEMENT in the second paragraph as follows: The AMENDED AGREEMENT between E.S.G. ENTERPRISES, INC., and the City of Virginia Beach dated May 16, 1984, is also incorporated into this Motion. (Said Agreement is hereby made a part of the proceedings.) The AMENDED Agreement will then replace the old Agreement as part of the proceedings; AND, SUBSTITUTE Condition No. 8 with the following condition: 8. 8. Excessive noise shall be cause for revoking the use permit after proper notice and hearing by City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Mem@ers Absent: June 4, 1984 None M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 21, 1984 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Louis R. Jones in the Conference Room, City Hall Building, on Monday, May 21, 1984, at 12:30 in the afternoon. Council Members Present: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: Nancy A. Creech* Note: Councilwoman Creech entered the Informal Session at 12:43 p.m. May 21, 1984 - 2 - TTEM # 21926 Mayor Jones entertained a motion to permit Council to conduct its INFORMAL Session to be followed by an EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes. 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Baum, seconded by Vice Mayor Henley, City Council voted to proceed into the EXECUTIVE SESSTON following the INFORMAL SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: Nancy A. Creech May 21, 1984 - 3 - M A T T E R S B Y C 0 U N C I L DRAINAGE PROBLEMS AT PELICAN DUNES ITEM # 21927 Councilwoman Oberndorf referenced contact by residents of PELICAN DUNES concerning their grading and drainage problems. The residents requested their item under NEW BUSINESS (See Item II.N.1 of the Formal Agenda) be RESCHEDnED to the City Council Meeting of June 25, 1984. MEMORANDUM NATIONAL LEAGUE OF CITIES ITEM # 29128 Councilwoman Oberndorf referenced Memorandum from the NATIONAL LEAGUE OF CITIES concerning the House and Senate Conference Committee on Tax Legislation (Copy of said Memorandum is hereby made a part of the pro- ceedings). The suggestion was made that each locality take a position. The NATIONAL LEAGUE OF CITIES wished Virginia Beach to oppose the volume cap, and offer an alternative. Councilman Jennings referenced correspondence received regarding the General Assembly actions on state statutes regulating Industrial Revenue Bonds. Councilman Jennings and Councilwoman Oberndorf requested the INDUSTRIAL DEVELOPMENT AUTHORITY in conjunction with the Assistant City Attorney Charles Salle' inform the City Council of their recommendations within two weeks. These recommendations would concern the National League of Cities position, and how this would be in conflict with the General Assembly, as well as how it relates to pending legislation in both the House of Representatives and the United States Senate. KEMPSVILLE GREENS ITEM # 21929 1 Councilman McCoy referenced KEMPSVILLE GREEENS revision to the PLANNED UNIT DEVELOPMENT PLAN (Kempsville Meadows Golf Course). The developer had indicated he wished to deviate from the concept of a ten (10) story highrise and replace same with three 6-story and one 5-story structures. As per City Council's direction of April 16, 1984, the Civic Leagues were notified of this site plan change and have APPROVED same. By CONSENSUS of Council, the developer may proceed. ROLL-BACK TAXES ITEM # 21930 Councilman Heischober referenced the City Manager's letter of May 11, 1984, relative adjusting the interest rate applicable to ROLL-BACK TAXES. (Said letter is hereby made a part of the record.) By CONSENSUS, the City Council directed the City Manager to use 10.8%, which would parallel the delinquent tax rate, in his preparation of an ordinance. VML BUILDING CO@ITTEE ITEM # 21931 Councilman Robert Jones referenced that the VIRGINIA MUNICTPAL LEAGUE had reuqested he serve on their Building Committee. The Committee will meet Thursday - May 24, 1984. May 21, 1984 - 3a - e-e 1301 Pon.sytaneAvenue NW Off Icers LftgLio Washington. D C, 20004 c@ (202) 626-3000 Cable: NLCITIES L May 9, 1984 To: (1) Mayors and managers of Direct Member Cities (2) Executive Directors of State Municipal Leagues (3) Steering Committee Members From: Alan Beals, Executive Director Subject: NLC Legislative Letter: House and Senate Conference Committee on Tax Legislation The House-Senate Conference Committee on differin.g versions of the -tax bill will begin work next week to resolve their differ- ences. I am writing to urge you to contact both your House and Senate members to oppose the provisions of the House bill, H.R. 4170, imposing state-by-state volume caps on industrial develop- ment bonds (IDBS). Unfortunately for cities, three factors work on behalf of the House's volume cap: (1) many members of the House and Senate are no longer receiving adamant opposition to the cap; they believe that cities are becoming resigned to them; (2) the Administra- tion, House Ways and Means Chairman Rostenkowski, and Ranking Republican Conable have fought for the volume caps for over a year; they will not easily give in now; and (3) the volume cap is the only method the House could reach agreement on that tax com- mittee members believe will permanently halt the growth in the use of IDBS. Fortunately, however, the Senate bill specifically rejects the volume cap. At the moment, a majority of Senate conferees oppose the cap. As long as a majority of Senate conferees oppose the cap, some compromise will have to be agreed to in order to insure enactment of the entire deficit reduction package that is before the Senate. P., @.: T.. 8,.61.,, M.,. 1. w..... ...... . 1. M. J.. P. .=:=A.hmlm., J,, L' C - R-. R f C-k' -@@p'. -.1. F.., A@@.@@ - J@. P. Fl..kll.. M-;Pm,e=@=. 0-d-., M.-,@, le@W, - Ed.l. L. G,i"i.. J,, D.,-@ D....l E G,I..I, cId.-- A C.-,, M--, All.@,. G-9. - Chl.- R... M L.th., G. J,., ..,. C@,, C.. S..Q@ P.I., C. K-d.... D.0 Td P.- P. P4..6. C,-. P.,,.. M..,. - El.l.. M., , I..@ - C...... S@ Th.@p.... i I,,dl.',' 0 ... Id @cl., N@.." N.. J.@ W. W...h. @,. W.,-, 1.1. M Mlli.... ....... .Th.... 0, wl.g.,d. G,,,, F.. May 21, 1984 - 3b - May 9, 1984 Page 2 NLC remains strongly opposed to the volume cap because: 0 It imposes an arbitrary limitation on the authority of cities to issue IDB's wholly unrelated to any criteria of need or distress; 0 It removes traditional municipal authority to issue IDB's by imposing state control; 0 It imposes restrictions not only on private purpose activities, but also on traditional public activi- ties such as municipal water and sewage projects; It creates enormous political and adminstrative allocation problems, especially for small cities; and 0 It provides no exceptions for areas of se-vere economic distress. City officals should recognize, however, that the conferees will not reject the volume cap unless there is a reasonable alternative with generally the same revenue impact on the federal deficit. Consequently, NLC is supporting an alternative which exempts traditional public purpose bonds and bonds issued in areas of severe economic distress from new IDB restrictions and provides for city authority to determine how IDB restrictions should be implemented. NLC members should stress to their Senators and Representatives that we support the following alternative: (1) exempt public purpose bonds such as bonds for muni- cipally owned water, sewer, parking facilities, resource recovery, district heating, congeneration facilities, and multifamily rental housing from any new IDB restrictions; (2) exempt bonds issued in areas of severe economic distress from any new,IDB restrictions; and (3) provide that any city may issue an IDB if it pro- vides either (a) a direct financial cont@ibution to the project equal to one percent of the face value of the bond ' or (b) an in-kind contribution to the project area 7-such as roads or other supporting facilities) equal to 5 percent of the bond. In all other cases, the beneficiary of the IDB must give up depreciation tax benefits. May 21, 1984 - 3c - May 9, 1984 Page 3 The NLC alternative is supported by the National Conference of State Legislatures, the Municipal Finance Officer's Association, the National Association of Housing and Redevelopment Officials, and the Council for Urban Economic Development. Our best esti- mate is that our alternative, if enacted, would have substantial- ly the same revenue impact as the House or Senate approaches. I again urge all city officials to contact all Senators and Representatives, urging them to oppose an IDB volume cap, in favor of the NLC alternative. The following are expected to be named conferees: Senate House Robert J. Dole (R-Kans.) Dan Rostenkowski (D-Ill.) Bob Packwood (R-oreg.) Sam M. Gibbons (D-Fla.) William V. Roth (H-Del.) J. J. Pickle (D-Tex.) Daniel P. Moynihan (D-N.Y.) Charles B. Rangel (D-N.Y.) John H. Chafee (R-R.I.) Fortney H. Stark (D-Calif.) John C. Danforth (H-Mo.) Barber B. Conable (R-N.Y.) Russell B. Long (D-La.) John Duncan (R-Tenn.) Lloyd Bentsen (D-Tex.) Bill Archer (R-Tex.) Spark M. Matsunaga (D-Hawaii) If your Senators and Representatives are not conferees, you should still contact them and urge them to contact a conferee. May 21, 1984 - 4 - MAT T E R S BY C IT Y MANA GE R RIGHT-OF-WAY ACQUISITION POLICY ITEM # 21932 Director of Public Works C. Oral Lambert in conjunction with City Real Estate Agent William Rice, presented information concerning the City's "RIGHT-OF-WAY ACQUISITION POLICY". The three (3) steps toward acquisition entail: (1) An Alignment and Design Public Workshop. (2) Adoption of an Ordinance by City Council authorizing Right-of-Way Acquisition. (3) Good-Will Contact with individual property owner. Concurrent with these steps, a plat is being prepared for each parcel re- quired, and a title search and appraisal process is being conducted. The APPRAISAL PROCESS takes into account any impact the particular project may have on the individual properties. If the damage exceeds, the value of the total property, the City most likely would decide to take the entire property involved. Following this appraisal, a complete report would be given to our Real Estate Agent and reviewed with the City Attorney. Subsequently a third contact is made with the property owner and ACQUTSITION is negotiated. The offer is made based on the appraisal. If the City's offer is rejected, an ACQUISITION CERTIFLCATE is filed with the Court for a "take". POLICY FOR WHEN IMPACT OF A ROAD PROJECT IS GREATER THAN EXPECTED 1TEM # 21933 Director of Public Works C. Oral Lambert, again in conjunction with City Real Estate Agent William Rice, presented as an example of " THE POLICY FOR WHEN IMPACT OF A ROAD PROJECT IS GREATER THAN EXPECTED", a discussion of the General Booth Boulevard Project. The following factors were involved: (1) A Public Workshop was held for Alignment on February, 1981. (2) A Second Workshop was held in March as per the request of residents of Dam Neck. (3) Residents brought the issue of alignment to City Council on March 16, 1981. The City Council en- dorsed the plan to follow the existing alignment. (4) In April, 1982, a Third Workshop was held with an aerial photograph of the project. (5) Tn May, 1982, City Council AUTHORIZED Acquisition of the right-of-way. Virginia Beach follows the State of Virginia's minimal standards for highway design. As per request of Councilman Baum, Staff will review areas zoned agricultural concerning setbacks. May 21, 1984 - 5 - M A T T E R S B Y C I T Y M A N A G E R (Continued) VIRGINIA STATE LEGISLATOR'S LUNCHEON ITEM # 21934 The City Manager RESCHEDULED the Luncheon with STATE LEGISLATORS and City Council to Friday, June 15, 1984, 12:00 NOON to 2:00 P.M. at the PAVILION. (This is subject to CONFIRMATION by the State Legislators.) BOND SALE ITEM # 21935 Th City Manager referenced that the City is contemplating a Bond Sale to be June 27, 1984, in the amount of $38,150,000. A RESOLUTION will be forthcoming to the City Council. Representatives from Moody's, Standard's and Poor's will attend a session in Virginia Beach on June 8, 1984, concerning the Bond Sale. E.S.G. ENTERPRISES, INC. CONDITIONAL USE PERMIT ITEM # 21936 The City Manager referenced location of proposed theme park (E.S.G. Enter- prises Application) to the outdoor camping facility (Holiday Travel Park) is about 1250 feet. (See Item 11-K.7 of the Formal Agenda). CONSENT AGENDA CERTIFTCATE OF PUBLIC CONVENIENCE AND NECESSITY TTE4 # 21937 Councilman Jennings referenced contact by Herbert Dise, operator of Diamond and Yellow Cab Companies, concerning his application for a CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY. DEFERRAL has been requested for two weeks. (See Item II-J.11 of the Formal Agenda). M.y 21, 1984 - 6 - M A T T E R S B Y C I T Y M A N A G E R (Continued) FALSE ALARMS ITEM # 21938 Councilman Heischober referenced the Ordinance to amend and reordain Section 27-5 of the Code of the City of Virginia Beach, Virginia, pertaining to ser- vice charge for false alarms (See Item II-J.4 of the Formal Agenda). Council- man Heischober wished further discussion on this item. RESOLUTION MUNICIPAL BONDS ITEM # 21939 Vice Mayor Henley, Councilman Jones, and Councilman Jennings referenced a RESOLUTION supporting litigation opposing registration of MUNICIPAL BONDS and TAXATION of INTEREST thereon. (See Item II-1.1 of the Formal Agenda.) RECESS INTO EXECUTIVE SESSION ITEM # 21940 City Council recessed into EXECUTIVE SESSION at 1:45 p.m. May 21, 1984 - 7 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL May 21, 1984 2:00 p.m. Council Members Present: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert C. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: None INVOCATION: Reverend T. E. Thieman, D.D. Pastor Knotts Island Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA May 21, 1984 8 Item II-D.1 MINUTES ITEM # 21941 Upon motion by Councilwoman Creech, seconded by Councilman Jones, City Council APPROVED the Minutes of May 14, 1984 and the SPECIAL MEETING of May 15, 1984. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchi.n, III, Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Abstaining: Meyera E. Oberndorf Council Members Absent: H. Jack Jennings, Jr. May 21, 1984 9 Item II-E. 1 PRESENTATION ITEM 21942 Mayor Jones PROCLAIMED the week of May 20 - 26, 1984 as RURITAN WEEK This Proclamation recognized the tremendous endeavors of the RURITAN CLUBS for their public service, charitable deeds and contributions, in- dustry and overall better community understanding. The following accepted the PROCLAMATION: Bobby Vaughan, Zone Governor of the HOLLAND RURITAN DISTRICT. Cotton McClenny, Lieutenant Governor of the HOLLAND RURITAN DISTRICT. May 21, 1984 9a - 4b rtirltimttttlltt and WHEREAS, Ru4itan Na;tionat mz oaganized May 21, 1928 in Hottand, Vitginia; WHEREAS, RuAitan have made excettent contAibutionA to the unde4@nding between 4u4at and u4ban inte4e4tS in thei4 va4ioU,6 communitie,6, and seek to con- tinue as wett az to expand upon thi,6 4etationship; and WHEREAS, the citizenz oA Vi4ginia Beach 4ecognize and app4eciate the t4emen- dou,6 endeavo4.6 oA the 6ive Ru4itan Ctubz in the City o6 Vi4ginia Beach 6o4 theia pubtic 4e4vice, cha4itabte deed,6 and cont4ibutionz, indu,6t4y and ove4att bette4 community unde4ztanding; and WHEREAS, Rutitan Nationat comp)ti,6e,6 ovelt 1,300 ctub-6 and 38,000 citizen,6 o6 thiz gaeat countay, att o6 whom 6o,6teA ideats o6 6eltow@hip and goo&vitt; and WHEREAS, thei4 activitiea 4e4utt in innume4abte act,6 oA unwt6ish 6eAvice to thoze neighboaz and othe4z 6u66e4ing misAo4tune and zeve4e ha4dShip. NOW, THEREFORE, 1, Loui,6 R. Jones, Mayo4 o6 the City o6 Vi4ginia Beach, do heaeby p4octaim May 20-26, 1984 az RURITAN WEEK in ViAginia Beach to be obzeaved by att Ru4itan membe4,6 and 6U4theA u4ge the citizenz oA ViAginia Beach to join in the ceteb4ation o6 thi,6 56th AnniveA,6a&y o6 thi-6 p4aisewoithy, coMMUnity-04iented oaganization. IN WITNESS WHEREOF, I have he4eunto 6et my hand and cau,6ed the 6eat oA the City o6 Vi4ginia Beach to be a@Aixed this tmnty-ii46t day o6 May, nineteen hundAed and eighty-6ouA. L!ou4A R. ores P, May p- May 21, 1984 - 10 - Item II-E.2 PROCLAMATION ITE4 # 21943 Mayor Jones PROCLAIMED the week beginning May 27, 1984 as VIRGINIA BEACH TOURISM WEEK This Proclamation recognized TOURISM as contributing greatly to the City's economic prosperity. Mr. Van Cummingham, Chairman Elect of the Virginia Beach Council of the Hampton Roads Chamber of Commerce accepted the PROCLAMATION. Mr. and Mrs. Jerry Ross were in attendance. Mr. Rose is Vice-Presi- dent of the Tourist Bureau. May 21, 1984 - 10a - riartantati 6 iott WHEREAS, Gove4no& Robb ha,6 4ecognized May 27 - June 2 a6 I'Vi4ginia TouAi,6m Week", expte-6,sing hi6 appaeciation to Vi4ginial-6 T4avel Indu-6tAy As,6ociations Aoi making touAi6m one o@ the la4gest industAie,6 in the State; and WHEREAS, the touAi,6m indu,6tAy i,6 ext4emefy impo4tant to the City o@ Vi4ginia Beach, cont4ibuting gaeatty to ou4 economic p4ozpe4ity; akd WHEREAS, each citizen o6 Vi4ginia Beach bene6it,6 64om the e66ects o6 touaizm thaough it,6 enhancement o6 ouA peA,6onat gacwth, education and inte4cutta4at unde4- ,standing, a4 wett aA the gene4at economic wett-being oi the City; and WHEREAS, the tou4i,5m indu6t4y in Vi4ginia Beach annuatty gene4ate-6 mittionz o6 dotta,%,6 in City tax Aevenue, thou,6and6 o6 6utt- and pa4t-time emptoyment oppoi- tunitie-6, and totat 6pending app4oaching a qua4te4 o6 a bittion dottaA.6; and WHEREAS, touaism can be expected to ptay an even g4eateA 4ote in the tives o6 Vi4ginia Beach citizen,6 in coming yeaA,6. NOW, THEREFORE, 1, Loui,6 R. Jone,6, Mayo& oi the City o6 Vi4ginia Beach, do he4eby p4octaim the week beginning May 27, 1984 as VIRGINIA BEACH TOURISM WEEK and catt upon the peopte o@ ViAginia Beach to obAe4ve such week and 4e6tect upon the vatue oA the touAi,6m indu,6t4y to ouA City and ou4 citizenz. IN WITNESS WHEREOF, I have he4eunto .6et my hand and cau,6ed the zeat o6 the City o6 Vi4ginia Beach to be a66ixed thi,6 @nty-ii4.6t day o6 May, nineteen hund4ed and eighty-6ouA. May 21, 1984 Item II-E.3 PROCLAMATION ITEM # 21944 Mayor Jones PROCLAIMED the week of June 3 - 9, 1984 as HURRICANE AWARENESS WEEK This Proclamation recognized Virginia Beach as being a high risk area with regards to HURRICANES. For the protection of the City's citizens, it is important they be made aware of the dangers associated with these storms. Lee Eskey, Coordinator of Emergency Services for the City of Virginia Beach, accepted this PROCLAMATION. May 21, 1984 a WHEREAS, huAAicanez a4e dange4ou,6 Ato4rm6 capabte o6 deva-6;tatag the aiea.6 ove4 which they pa,6,5 and ptoducing a high th4eat to the tives and p4ope4ty in theAe a4eas; and WHEREAS, Vi4ginia Beach, being a coaztat community, i,6 a high 4i,6k a4ea with it,6 enti4e ea,6te4n and no4thein bounda4ies exposed to the deva,6tating e@Aect,6 o6 a hu44icane, and inte4io4 po4tion,6 expo4ed to 6tooding andloa wind damage; and WHEREAS, Ao4 the paotection oA the citizen-6 oi Vi4ginia Beach and thei4 p4opeaty, it iz impo4tant that they be made a=4e oA the dange44 a-6,6ociated with the,6e sto4m,6 and how to p)totect thei4 tive,6 and ptopetty th4ough advance 4ecog- nition and ptepa4ation; and WHEREAS, the City oA Vi4ginia Beach, OAAice oA Eme4gency SeAvicez @ 4e- Aponzibte JoA eA@o4t6 diaected totm4@ educating the geneaat pubtic tega4ding the dangeAA a,64ociated with huAIicanes; and WHEREAS, June I ma4ks the o66iciat beginning o6 the huAAicane 6eazon. NOW, THEREFORE, 1, Loui,5 R. Jone-6, Mayo4 o@ the City oA ViAginia Beach, do he4eby ploctaim June 3-9, 1984 az HURRICANE AWARENESS WEEK in Vi4ginia Beach and uage citizenz to p4epa4e them6etve@ 6o4 eme4gency 6ituation,6 which may a4i,6e duaing the hu44icane zea,6on. IN WITNESS WHEREOF, I have heaeunto @et my hand and caU,6ed the 6eat o6 the City o6 ViAginia Beach do be a66ixed thi,6 tventy-6i4,6t day oA May, nineteen hund4ed and eighty-6o@ . Lou4A R. /;rone-6 Mayb'4 May 21, 1984 - 12 - Item II-F. 1 PRESENTATION ITEM # 21945 A RESOLUTION OF APPRECIATION was RESCHEDULED to the following: CO@ITY ALTERNATIVES, INC. May 21, 1984 - 13 - Item IT-F. 2 PRESENTATION ITEM # 21946 Mayor Jones presented a RESOLUTION OF APPRECIATION to: DAVID J. McDONALD . . . . . . .U.S. OLYMPIC MARATHON RUNNER May 21, 1984 - 14 - Item II-G.1 PUBLIC HEARING ITE@L # 21947 Mayor Jones declared a Public Hearing on the following: PROPOSED HOUSING REVENUE BOND FINANCING BY THE PORTSMOUTH HOUSING AND REDEVELOPMENT AUTHORITY TO ASSIST NEWTOWN DIAMOND ASSOC- IATES. Inasmuch as there were no speakers, Mayor Jones closed the Public Hearing. May 21, 1984 - 14a NOTICE OF PUBLIC HEARING ON PROPOSED HOUSING REVENUE BOND FINANCING BY THE PORTSMOUTH REDEVELOPMENT AND HOUSING AUTHORITY TO ASSIST NEWTOWN DIAMOND ASSOCIATES TO ACQUIRE, CONSTRUCT AND EQUIP A MULTI-FAMILY HOUSING PROJECT IN VIRGINIA BEACH, VIRGINIA Notice is hereby given that the Council of the City of Virginia Beach, Virginia (the "Council"), will hold a public hearing on the request of Newtown Diamond Associates, a Virginia limited part- nership now being formed (the "Purchaser'), for the Council to Invite and encourage the Portsmouth Redevelopment and Housing Authority to exercise its powers to issue its housing revenue bonds to assist the ,Purchaser in acquiring, constructing and equipping a multi-family housing project consisting of 120 housing units and associated ameni- ties (the "Project") located at the intersection of Newtown Road and Shumey Lane, in Virginia Beach, Virginia, which Project will reserve at least 20% of the housing units for persons of low or moderate income. The public hearing, which may be continued or adjourned, will be held at 2:00 o'clock p.m. on May 21 1984, before the Council, in the Council Chambers, Virginia Beach Municipal Center, Virginia Beach, Virginia. Any person interested in the request.before the Council, the issuance of the bonds or the location or purpose of the Project may appear and be heard. CITY OF VIRGINIA BEACH, VIRGINIA May 21, 1984 - 15 - Item II-H. la-n. RESOLUTIONS ITEM # 21948 The following were in attendance to respond to any inquiries, but did not speak: Bruce B. Mills, Arista Associates Dr. R. J. Robertson, First Landing Crigsby Scifres, Guille Steel Barry W. Hunter, Syscon Corporation Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council ADOPTED Resolutions approving the issuance of Industrial Devel- opment Revenue Bonds for the following; ARISTA ASSOCIATES ($ 2,000,000) ROBERT 0. COPELAND or Assigns ($ 4,500,000) LEWIS S. AND NORMA F. CORR FACILITY ($ 350,000) FLOYD R. DAVIS* ($ 510,000) FIRST LANDING ASSOCIATES ($ 4,000,000) 5505 PROFESSIONAL CENTER ASSOCIATES ($ 550,000) GUILLE STEEL PRODUCTS COMPANY,INC. ($ 500,000) BAYGOOD MEDICAL ASSOCIATES ($ 8,000,000) KINDER-CARE DAY CARE CENTER ($ 445,000) MICHEL REAL ESTATE PARTNERSHIP ($ 225,000) OUTLET MALL PROPERTIES FACILITIES ($ 1,350,000) LAWRENCE A. SANCILTO ($ 750,000) SYSCON CORPORATION FACLLITY ($ 6,000,000) WASTE RESOURCES ECONOMIC DEVELOPMENT ($ 5,650,000) CORPORATION *AMENDED to include paragraph releasing City Council from any liability as a result of its approval of the Resolution. Voting: 8-3 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., and Meyera E. Oberndorf Council Members Absent: May 21, 1984 None SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRI.AL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: ARISTA ASSOCIATES 2. LOCATION: SE corner of 28th Street and Arctic Avenue 3. DESCRIPTION OF PROJECT: 42 Unit Motel 4. AMOUNT OF BOND ISSUE: $2, 000, 000. 00 5. PRINCIPALS: BRUCE B. MILLS ELEANORE Z. MILLS BARBARA A. ANDERSON 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property B-4 b. Is rezoning proposed? Yes No x C. If so, to what zoning clas slfication? FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRILAL REVENUE BOND FINANCINC, DATE: TO THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA APPLICANT: Arista Associates FACILITY: 42-Unit Motel 1. Maximum amount of financing sought $ 2, 000, 000. 00 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 3,000,000.00 3. Estimated real property tax per year using present tax rates $ 24,000.00 4. Estimated personal property tax per year using present tax rates $ 11800.00 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 57,120.00 6. Estimated dollar value per year of goods and services that will be purchased locally $ 55,022.00 7. Estimated number of regular employees on year round basis $ 10 B. Average annual salary per employee $ 7,500.00 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. City of Virginia Beach Development Authority By Chairma./ U - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - FR PROJECT NAME: ARISTA ASSOCIATES PROYECT ADDRESS: 28th St. &Arctic Avenue TYPE OF PROJECT: motel @l GOOSE tANDIN@l RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR ARISTA ASSOCIATES FACILITY W-HEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application of Arista Associates, a Virginia general partnership, or any corporation or partnership of which Bruce B. Mills, Eleanore Z. Mills and Barbara A. Anderson are shareholders or partners (the "Company") for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $2, 000, 000. 00 (the "Bonds") to assist in the financing of the Company's acquisition, construction and equipping of a 42 unit motel (the "Facility") to be located at 28th Street and Arctic Avenue in the City of Virginia Beach, Virginia, and has held a public hearing thereon on May 8, 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 SSl 5. 1-1378. 1, Code of Virginia, 1950, as amended, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terrns to be agreed upon, and a reasonably detailed summary of the cornments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of Arista Associates, a Virginia general partnership, or any corporation or partnership of which Bruce B. Mills, Eleanore Z. Mills or Barbara A. Anderson are shareholders or partners, 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 eridorsement 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 interei3t thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Cornmonwealth, the City, or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable and hereby disclaims all liability for any darnages to any person, direct or consequential, resulting from (1) the Authority's failure to issue bonds for the Facility for any reason, including but not limited to any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted; or (2) the Authority's failure for any reabon 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 irrimediately upon its adoption. Adopted by a majority of a quorum of the Council of the City of Virginia Beach, Virginia, on MaY 21 , 1984. SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Robert 0. Copeland or Assigns 2. LOCATION: 4817 Virginia Beach Boulevard Virginia Beach, VA 23452 Acquire, renovate, equip and convert 3. DESCRIPTION OF PROJECT: an approximately 143,000 sq. ft. warehouse building into zi wholesale-, retail and related warehouse and office emporium 4. AMOUNT OF BOND ISSUE: $4,500,000 5. PRINCIPALS: Robert 0. Copeland 6. ZONING CLASSIFICATION: a. Present zoning classification of the 4.529 Acres I-1 Industrial Property 12.692 Acres B-3 Business b. Is rezoning proposed? Yes No X C. If so, to what zoning classificatio@ N/A FISCAL I14PACT STATEMENT April 6, 1984 Robert 0. Copeland or Assigns 143,080 Square Foot Warehouse Building 1. Maximum amount of financing sought $4,500,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality 3,800,000 3. Estimated real property tax per year using present tax rates 30,400 4. Estimated personal property tax per year using present tax rates 6,000 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 1,000,000 7. Estimated number of regular employees on year round basis 205 8. Average annual salary per employee 23,000 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: -@ I - ChairAyn 110 SAil7'lf (22 I IIORot Llif PROJECT NAME: Robert 0. Copeland or Assigns PROJECT ADDRESS: 4817 Virginia Beach Boulevard Virginia Beach, VA 23452 TYPE OF PROJECT: Acquire, renovate, equip and convert an approximately 143,000 sq. ft. warehouse building into a wholesale, retail and related warehouse and office emporium RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDU-OTRIAL DEVELOPMENT REVENUE BONDS FOR ROBERT 0. COPELAND OR ASSIGNS WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the "Authority"), has considered the appli- cation of Robert 0. Copeland or assigns (the "Applicant') for the is- suance of the Authority's industrial development revenue bonds in an amount not to exceed $4,500,000 (the 'Bonds') to assist in the financ- ing of the Applicant's acquisition, renovation, equipping and conver- sion of an approximately 143,000 square foot warehouse building into a wholesale, retail and related warehousing and office emporium (the "Project") located at 4817 Virginia Beach Boulevard in Virginia Beach, Virginia, and to be managed by Virginia Management Group, Inc. and has held a public hearing thereon on May 8, 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 (i) Section 103(k) of the Inter- nal 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 record of the public hearing and the fiscal impact statement required by Section 15.1-1378.1 of the Virginia Code have been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia ap- proves the issuance of the Bonds by the City of Virginia Beach Devel- opment Authority of Virginia Beach, Virginia, for the benefit of Robert 0. Copeland or assigns, to the extent 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 Project. 2. 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 Applicant, but, as required by Section 12.1 of Chapter 643 of the 1964 Acts of the General Assembly of Vir- ginia, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and monies pledged therefor, and neither the faith, credit nor the taxing power of the Commonwealth, the City nor 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 (i) the Authority's failure to issue bonds for the Project for any reason, including but not limited to any decision by the Authority in its sole discretion to allocate its allowable industrial development b@ond vol- ume to one or more other projects if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal stat6te now or hereafter enacted; or (ii) the Authority's failure for any reason after the issuance of bonds for the Project to allocate a portion of its allowable industrial development bond volume to the Project if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. 4. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Vir- ginia on May 2 1, 1984. By: SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. Project Name: LEWIS S. AND NORMA F. CORR FACILITY 2. Project Location: APPROXIMATELY 3.1 ACRES OF LAND LOCATED IN THE OCEANA WEST INDUSTRIAL PARK ON SEARAWK CIRCLE APPROXIMATELY 500 FEET FROM THE INTERSECTION OF INTERNATIONAL PARKWAY AND SEAHAWK CIRCLE 3. Description of Project: A ONE STORY 6,000 SQUARE FOOT INDUSTRIAL WAREHOUSE, STORAGE AND DISTRIBUTION FACILITY 4. Amoimt of Bonds $350,000.00 5. Principals: LEWIS S. CORR AND NORMA F. CORR B. Zordng Classification: (a) Present zonfng classification of the property? I-1 (b) Is rezoning proposed? Yes No x (c) If so, what zoning classification? N/A 4.9.37.C FTSCAT, IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCIN(; DATE: MAY 8, 1984 TO,. THE CITY COUNCIL OF VIRGINIA BEACH, VIRCINIA PROJECT NAME: LEWIS S. AND NORMA F. CORR FACIIIITY TYPE OF FACILITYONE STORY 6,000 SQ. FT. WAREHOUSE, STORAGE AND DISTRIBUTION FACILITY 1. M@mum amount of financing sought $ 350,000.00 2. Estimated taxable value of the facility's $ 350,000.00 real property to be constructed in the municipalit.v 3. Estimated real property tax per year using $ 2, 800.00 present tax rates 4. Estimated personal property tax per year $ i,ooo.oo using present tax rates 5. Estimated merchants' capital (business license) $ 3, 500.00 tax per year using present tax rates 6. Estimated dollar value per year of goods $ 24,000.00 and services that will be purchased locally 7. Estimated number of regular employees on 6 year round basis B. 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 By /@ / L - Chairman /0 4.9.33.C WOLFSP OCEA' NANIt AIR STt AL ALL c PROJECT NAME: LEWIS S. CORR AND NORMA F. CORR PROJECT ADDRESS: Seahawk Circle Virginia Beach, Virginia TYPE OF PRODUCT: Industrial warehousing, storage and distribution center RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS LEWIS S. AND NORMA F. CORR WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application and plan of financing of Lewis S. and Norma F. Corr (the 'Purchaser") for the Issuance of the Authority's industrial development revenue bonds in an amount estimated at Three Hundred Fifty Thousand Dollars ($350,000.00) (the "Bonds") to assist in the financing of the Purchaser's acquisition, constructlon.and equipping of a 6,000 square foot industrial warehouse, storage and distribution facility (the "Facility") to be located on approximately 3.1 acres of land in the Oceana West Industrial Park on Seahawk Circle appro3dmately 500 feet from the intersection of International Parkway and Seahawk Circle, and after proper notice in a newspaper of general circulation has held a public hearing thereon on May 8, 1984 pursuant to Section 15.1-1378.1 of the Code of Virginia, 1950, as amended; and WHEREAS, the Authority has requested the City Council (the "Counclill) of Virginia Beach, Virgirda (the "City") to approve the Issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to Section 15.1-1378.1 Code of Virginia, 1950, as amended, a copy of the Authority's Resolution approving the Issuance of the Bonds, subject to terms to be agreed upon, and a reaso- nably detailed summary of the comments expressed at the public hearing, If any, as well as the Fiscal Impact Statement, have been filed with the Council of the City of Vir@a Beach, Virginia; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, appro- ves the issuance of tbe Bonds by the City of Virginia Beach Development Authority for the benefit of Lewis S. and Norma F. Corr 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 Facility. 2. The approval of the issuance of the Bonds, as required by Sectlon 103(k), does not constitute an endorsement of the Bonds or the -1- creditworthiness of the Purchaser; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incldent thereto except from the revenues and monies pledged therefore, and neither the faith or credit nor the ta;dng power of the Commonwealth, the City or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach, Including Its elected representatives, officers, employees, and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or consequential, resulting from (1) the Authority's failure to Issue bonds for the Facillty for any reason, Including but not limited to any discussion of the Authority in its sole discretion to allocate its allowable Industrial development bond volume to one or more other projects if the issuance of tax-exempt bonds by the Authority Is restricted by any State or Federal statute now or hereafter enacted; or (2) the Authority's failure for any reason after the Issuance of Bonds for the Facillty to allocate a portion of its allowable Industrial development bond voiume 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. Thls Resolution shafl take effect Immediately upon Its adoption. ADOPTED by a majority of a quorum of the Council of the City of Virginia Beach, Virginia on May 21, 1984. 4.9.36.C -2- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: Flo),d R. Davis, Project Location: @t C-2, Rose Hall Office Park Description of Project: 8500 square foot office Building for Lease Amount of Dond(s): $510,000 Principals: Floyd R. Davis Zoning Classification: a. Present zoning classification of the Property B-2 b. Is rezoning proposed? Yes- No XX c. If so, to what zoning classification, City Council of Virginia Bekich, Virginiii Municipal Center Virginia Beach, Virginia FIS"'AL IMPAGT S'CA'FEMEr4'1' FOR PROPOSED INDUSTRIAL REVENUE BOND FINA14Ci[4G April 3, 1984 FLOYD R. DAVIS office Building Facility 1. Maximum amount of financitig SOUght $ sio,ouo 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ bbo,uuu 3. Estimated real property tax per year using present tax rates @ 4,-@UU 4. Estimated persolial property tax per year using present tax rates * Lii@ 5. Estimated inercliants' capital tax (business license tax) per year using present tax rates @ io,ouu 6. Estimated dollar value per year of goods and services that will be purchased locally @2,500,UOO 7. Estimated nlunber of regular einployees on year round basis @ 8. Average annual salary per employee * 15,UUO The inforination contained in this statemelit is based solely on facts and estiinates provided by the Applicant, and the Authority has inade no independelit ilive8t:i- gation with respect tliereto. CITY OF VIR(;INIA BP.'A(,ti DEVELOPML'14'f AUTIiOKI'fY BY OCt,ACJA INCESS PROJECT NAME: FLOYD R. PROJECT LOCATI.ON: L(I'OT CROSE HA] VIRGINIA BEAC14, VIRGII I PARK TYPE OF PROJECT: OTFICE@BUILDING J. DALE BIMSON MUNICIPAL CENTER CITY ATTORNEY VIRGINIA BEACH, VIRGINIA 23466-9002 (8041 427--4631 May 21, 1984 The Honorable Mayor and Members of City Council Municipal Center Virginia Beach, Virginia 23456 Dear Mr. Mayur and Members of Council: Re: Floyd R. Davis Industrial Development Revenue Bond Please substitute the attached Resolution pertaining to the Floyd R. Davis project for the resolution in your agenda package. The new Resolution incorporates the paragraph releasing City Council from any liability as a result of its approval of the Resolution. if you have any questions concerning this change, please give me a call. Very truly yours, ,/@ @t /'@, Charles M. Salle' Assistant City Attorney CMS/cj Enclosure A ineeting of the Council of the City of Virginia Beach, Virginia, was held in ttie Couticil Chainbers, in tile AdiiiinisLration Building, on the _ day of 198,i. On motion by and seconded by the followine, Resolution was dopted. RESOLUTION APPROVING THE ISSUALQCE OF INDUSTRIAL I)II@vLellop@lL@N'r IZLVL14UI-I' BONDS FOLZ FIIUYL) R. UAVIS WHEREAS, the City of Virginia Beacti DevLloplqent Authority (Clie Auttiority), I,.as considered tiie appiication of Floyd R. Davis (tlie Company) for tiie issuance of tiie Autliority' s iiidustrial developinent reveriue bolids ill an i:liilullrlt not to exceed $510,000 (the Bonds) to assist iii the fi[i@incing Of ti'IL COII)Pally,s acquisition, coiist:ruct:ioti ati(I equippille, ot an office building facility (the Facility) to be located oil l@OL C-2 iii Rose fiall Office Park, which lot is locatld Oil LhL@ west side of Kine,'s Grant Road, directly nortli of LtiL@ oft-ice building designated 265 King's Grant Road, in tlie City of Virginia Beach, Virginia, and to be owned by Lhe Goiiipany, and has held a public hearing ttiereon on May 8, 1984; and WHEREAS, the Authority has recoinmended that tiie City Council (the Council) of City of Virginia Beach, Virginia (the City), approve the issuance of ttie 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 ainended; and WHEREAS, a copy of the Authority's resolution approving the issuance of ttie Bonds, subject to teriiis to bL, agreed upon, a record of the public hearing with respect to the Bonds and a Fiscal Impact Statement in the forta 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 Cl'rY CUUNCIL OF TiiE CITY Oil' 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, Virginia, approves the issuance of the Bonds by the City of Virginia Beac.h 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. In approving the Resolution, the City of Virginia Beach, includiiig its elected representatives, officers, employees, and agents, shall not be liable and hereby disclaims all liability for any dainages to any person, direct or consequential, resulting from (1) the Authority's failure to issue bonds for the Project for any reason, including but not limited to any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted; or (2) the Authority's failure for any reason after the isbuance of bonds for the Project to allocate a portion of its allowable industrial development bond volume to the Project if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. 4. This Resolution shall take effect immediately upon its adoption. Adopted by a majority of a quorum of the Council of the City of Virginia Beach, Virginia, on May 21, 1984. CMS/CJ/da 5/21/84 (I.1) -2- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: First Landing Associates 2. LOCATION: 1100 First Colonial goad Virginia Beach, Virainia 3. DESCRIPTION OF PROJECT: Office buildings' 4. AMOUNT OF BOND ISSUE: $4,000,000 S. PRINCIPALS: Tamp-, .7 Hat-rhpr RnhPri- .7 Rnlpri-@nn., T, Pr P- Planag 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property 0-1 b. Is rezoning proposed? Yes No c. If so, to what zoning classification? City Council of Virginia Beach, Virginia Municipal Center Virginia Beach, Virginia FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING May 8, 1984 FIRST LANDING ASSOCIATES Existing 30,000 sq. ft. medical office complex and construction of 30,000 sq. ft. addition 1. Maximum amount of financing sought $4,000,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $3,100,000 3. Estimated real property tax per year using present tax rates $ 48,000 4. Estimated personal property tax per year using present tax rates $ 35,000 5. Estimated merchants' capital tax (business license tax) per year using present tax rates $ 120,000 6. Estimated dollar value per year of goods and services that will be purchased locally $ 750,000 7. Estimated number of regular employees on year round basis $ 100* 8. Average annual salary per employee $ 37,000 The information contained in this statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investi- gation with respect thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY I By /W Chai d" rp *75 office staff and technicians 25 physicians SEASHORE STATE HS S "Y@ Cw PROJECT NAME: First Landing Associates PROJECT ADDRESS: 1100 First Colonial Road Virginia Beach, Virginia TYPE OF PROJECT: Office A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the day of 1984. on motion by and seconded bv the following Resolution was a o@pted. RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR FIRST LANDING ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority (the Authority), has considered the application of First Landing Associates (the Company) 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 and expansion of a 30,000 square foot office complex (the Facility) located at 1100 First Colonial Road, in the City of Virginia Beach, Virginia, and to be owned by the Company, and has held a public hearing thereon on May 8, 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 Resolution 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 ainended, to permit the Authority to assist in the financing of the Facility. 3. The approval of the issuance of the Bonds, as required by such Sections 103(k) and 15.1-1378.1, does not constitute an endorsement of the Bonds or the credit- worthiness of the Company, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 4. In approving the Resolution, the City of Virginia Beach, including its elected representatives, offi- cers, employees, and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or consequential, resulting from (1) the Authority's failure to issue bonds for the Facility for any reason, including but not limited to any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted; or (2) the Authority's failure for any reason after the issuance of bonds for the Facility to allocate a portion of its allowable industrial development bond volume to the Facility if the -2-