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SEPTEMBER 26, 1983 MINUTES Cit@@f 134eei@@ "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR LOUIS R. JONES, B.y@id, B.-.gb VICE-MAYOR BARBARA M. HENLEY, P--g- B-1--Rh JOH,V A. BAUM. B.-.Sb NANCY A. CREECH. At L.,S, IIAROLD FIEISCIIOBER, At L.,g. H. JACK JENNINGS, JR.. Ly..b.,,,, S.@.gh ROBERT G. ]ONES. A, L.,Im W. 11. KITCHIN, 111, Vigi.i. n@.@h RESA S. M,CLANAN, P,,.@... A... B.-.Rb J. HENRY M,COY, JR., K..p.@ill. B --- gb 212 CITY HALL BVTLDING MEYERA E. OBERNOORF, At L.,g, MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456 RUTH HODGES SMITH. CMC, City Cl,,k (804) 427-4301 CITY COUNCIL AGENDA September 26, 1983 ITEM I INFORMAL SESSION: 5:30 p.m. A. CALL TO ORDER Mayor Louis R. Jones B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS 1. Matters for discussion by mayor. 2. Matters for discussion by Council. E. CITY MANAGER'S ADMINISTRATIVE ITEMS 1. City Real Estate Procedures: C. Oral Lambert, Jr., Director of F.-Partment of Public Works. 2. Zoning Map Correction: Robert J. Scott, Director of Department of Plannigg. 3. Review of Consent Agenda. ITEM II FO@ SESSION: 7:00 p.m. A. INVOCATION: Reverend Harold 14. Fuss Princess Anne Plaza United Methodist Church B. PLMGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF A14BRICA C. ELECTRONIC ROLL CALL OF COUMCIL D. MINUTES OF PREVIOUS MEETING: 1. Motion to accept/approve the Minutes of September 12, 1983. E. PRESENTATION 1. 'Award of Excellence' to City of Virginia Beach by Tidewater American Automobile Association F. PUBLIC HEARING 1. Amendment to City Code Section 35-50 re roll back ta"s G. RESOLUTIONS 1. *Amended Resolution Approving the Issuance of Industrial Development Revenue Bonds for TPD Associates ($200,000). 2. *Amended Resolution Approving the Issuance of Indugtrial Development Revenue Bonds for U.S. Habitats ($2,700,000). (*Resolutions include the address of the projects.) 3. Resolution of City Council Approving the Issuance of Indu@ial Development Revenue Bond to Will-o-Wisp 14adical Buildinq Associates, a Virginia General Partnership ($415,000). 4. Resolution Approving the Modification of an Industrial Development Revenue Bond Issued for Wildwood Medical Buildinq Associates ($400,000). 5. Resolution Approving the Issuance of Industrial Developmnt Revenue Bonds for Riverside North Associates ($750,000). 6. Resolution Approving the Issuance of Industrial Developmnt Revenue Bonds for Stein Realty ($2,100,000). 7. Resolution Approving the Issuance of Industrial Developmnt Revenue Bonds for Parkway III Associates ($4,100,000). 8. Resolution Approving the Issuance of Industrial Development Revenue Bonds for Northampton Corporate Park Associates 11 ($2,000,000). 9. Resolution Approving the Issuance of Industrial Development Revenue Bonds for Newtown Square Associates ($4,475,000). 10. Resolution Approvinq the Issuance of Industrial Development Revenue Bonds for Independence Green Associates ($8,700,000). 11. Resolution Approving the Issuance of Industrial Developmnt Revenue Bonds for Greenwich Centre Associates ($4,000,000). ITEM II G. RESOLUTIONS (Cont'd) 12. Resolution of City Council Approving the Issuance of Industrial Development Revenue Bond for College Park Square IV Associates ($1,900,000). 13. Resolution Approving the Issuance of Industrial Development Revenue Bonds for James H. Capps and Clara E. Capps ($2,100,000). 14. Resolution of City Council Approving the Issuance of Industrial Development Revenue Bond for Boulevard Associates, a Virginia Limited Partnership ($625,000). 11. ORDINANCE 1. Ordinance, on FIRST READING, to amend and reordain Section 35-50 of the Code of the City of Virginia Beach pertaining to roll- back tax when use changes to nonqualifying use. I. 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 in siipport of pending Federal legislation that would reduce liability of cities in certain suits and would impose limits on awards of attorney's fees. 2. Resolution authorizing the mayor to sign the amended Charter Agreement of Southeastern Tidewater Area Manpower Authority. 3. Resolution authorizing the City Manager to execute two separate agreements concerning urban preservation and infill commitments. 4. Ordinance to amend and reordain Section 23-22 of the Code of the City ot Virqinia Beach, Virginia, by adding thereto Sections 23-22.1 and 23-22.2 pertaining to drinking in public. 5. Ordinance to amend and reordain Section 5.5 of Ordinance 292 Appendix B, Subdivision Regulations of the Code of the City of Virqinia Beach pertaining to street and other drainage by adding thereto a new Subsection (c). 6. Ordinance to transfer Capital Project Funds of $10,144,431 to Project 5-964 Water Resources. 7. Request of the City Treasurer for tax refunds in the amount of $1,270.44. 8. Request of the Commissioner of the Revenue for license refunds in the aniount of $8,745.70. J. PLANNING 1. Application of Breeden Development Corporation for a change of zoning from B-2 Community-Business District to A-2 Apartment District on @13.928-acre parcel located west of Holland Road, south of Rosemont Road (Princess Anne Borough). (This matter was deferred until today on September 12, 1983, due to a tie vote.) a. Letter from the City Manaqer transmits the recommendation of the Planning Commission for approval. ITEM 11 J. PLANNING (Cont'd) 2. Applications of Landstown Meadows Associates for changes of zoning: a. From AG-1 Agricultural District to R-8 Residential District on an 84.2-acre parcei lo a@ted west of Holland Road, south of Landstown Road (Princess Anne Borough); b. From AG-2 Agricultural District to R-8 Residential District on parcels containing 11.4-acres located on the east side of Princess Anne Road and the west side of Holland Road (Princess Anne Borough); c. From R-B Residential District to PD-H 2 Planned Unit Development District on a 95.6-acre parcel located on the east side of Princess Anne Road, south of Landstown Road (Princess Anne Borough); AND, d. From R-8 Residential District to P-1 Preservation District on parcels containing 4.9-acres located west of Holland Road and east of Princess Anne Road (Princess Anne Borouqh). (This matter was deferred for two weeks on September 12, 1983.) a. Letter from the City Manager transmits the recommendation of the Planninq Commission for approval. 3. Applications of John W. Smith for a change of zoninq from R-3 Residential District to A-3 Apartment District on a 9.373-acre parcel; AND, a change of zoning from B-2 Community-Business District to A-3 A@rtmen@District on a 10.627-acre parcel, located along the south side of Shore Drive, west of Independence Boulevard (Bayside Borough). (This matter was deferred until today on August 22, 1983, at the request of the applicant's attorney.) a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 4. Ordinance to amend and reordain Article 2, Section 221 of the Comprehensive Zoning Ordinance pertaining to procedural requirements and general standards for donditional use permits. a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval, and the City Attorney and the Planninq Department for deferral. 5. Ordinance to amend and reordain Article 1, Section 107(d) of the Comprehensive zoning ordinance pertaining to amendments. a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 6. Application of Kimmel Automotive, Inc., T/A Tread Quarters for a conditional u7s-e permit for moun 3.n@g @nd balancing on a 21,736-square foot parcel located on the north side of Virginia Beach Boulevard, east of Byrd Lane (Lynnhaven Borough). a. Letter from the City Manaqer transmits the recommendation of the Planninq Commission for approval. ITEM II J- PLANNING (Cont'd) 7. Application of B,,bara and permit for a l@'an A- @@ for a conditional 13, fOOt parcel I (babysitti g@) on a 10,517-.q-.ar-.7-- rtland Lane (Lynnhaven Borough). a- Letter fro,, the City Manager transmits the recommendation of the Planning Commission for oval. 8. Application of Jose.ph C. and e@len M. Lynch for a O@nditional use permit for s@al I eng n sales on a I TOot a@r el lo at@d log 3,500-squar-e side Of First Colonial Road, solith of Virginia Beach Boule-rd (Lynnhavn Borough). a- Letter from the CitY Manager transmits th@ recommendation of the Planning COmmission for oval. 9. Application of iva Jarry Alderson for a conditional for a daY car@ @ncer - - Mit rgarten) on n 11,341 10 at@ed at 512 Ceneral Booth B,uleva -.quare foo@ parce@ (kinde- rd (Lynnhaven Borough a. I-etter from the CitY Manager tra,,,its tbe recommendation f the Planning COmmillion for oval. 10. Application of r@emier Mill 2nd Lumber an , Inc. for a St ver, a. Letter from the CitY Manager transmits the recommendatio,, )f the Planning COM'illion for oval. 11. Applications of Ltd. for a h@ange of @In from R-3 Res,-dent,al tr t t. R-4 Resident trict acre parcel loc - i l@Dis- on a 34.75. Dam Road (Lynnnaven Borough); n ated easC7f h interseczti- Road and Mill On 0 First C010 ial AND, a @Ondl-tional ..e @r-it f.r o, mace O..tion acre parcel 1 c@ated at @e northeast inte on an 80.45- Colonial and Mill Dam Road,, rsection Of Fir,t (Lynnhav-n Borough). a. Letter from the City Manager transmits the recOm-ndation of th, Planning COmmission for oval. 12. Ordinance t,, a,end the Master Street and ighway Plan dated DeceMber 16, 1974 (widening Independence H relocating Baxter Road). Boulevard and a. Letter fro,, the City Manager transmits the recommendation of the Planning COmlilsion for oval. K. APPOINTME:NTS 1, Co-nity Services Board 2. Historical R@view Board 3. Mosquito Control COmmission 4. Personnel Board 5, Board of Plumbing and Mechanical Appeals ITE4 II L. UNFINISHED BUSINESS M. NEW BUSINESS 1. Request for reconsideration of a condition in application for a change of zoning by Fred Soles, approved March 14, 1983 N. ADJOURNMENT 1. Motion to adjourn -9- Item II-D.1 MINUTES ITEM # 20691 Upon motion by Councilwoman McClanan, seconded by Vice Mayor Henley, City Council APPROVED, as corrected, the Minutes of On page 26, fifth line of the motion to adopt read: "limitation of four units* per acre." CORRECTED TO READ: "limitation of four units*: 4 units per acre 402 lots 5,000 square-foot minimum lots No zero lot lines 35-foot height limits AND, On page 31, Item 6 read: "6. PD-H-2 overlay limited to a maximum of 500 units*." CORRECTED TO READ: "6. PD-H-2 overlay limited to a maximum of 400 units*." 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 Members Absent: None October 3, 1983 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 26, 1983 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, September 26, 1983, at Five Thirty-Five in the afternoon. Council Members Present: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., 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: Robert G. Jones *Councilman Jones entered the meeting at 5:39 p.m. September 26, 1983 -2- TTEM # 20626 Mayor Jones entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an EXECUTIVE SESSTON 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 Councilwoman Creech, seconded by Councilman Heischober, City Council voted to proceed into the EXECUTIVE SESSTON following the INFORMAL SESSION. Voting: 10-0 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, W. H. Kitchin, TII, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent; Robert G. Jones September 26, 1983 -3- M A T T E R S B Y T H E M A Y 0 R FUNCTIONS ATTENDED BY COUNCIL MEMBERS ITEM # 20627 Mayor Jones expressed his appreciation to Council Members for their attendance at various functions on behalf of the City during the month of August as follows: August 06 - Vice Mayor Barbara Henley welcomed the members of St. Agnus School of Nursing during their Reunion held at the Pavilion. August 07 - The Ninth Annual Virginia Beach Folk Arts Festival was attended by Vice Mayor Barbara Henley and Council Members Robert Jones and Reba McClanan. August 13 - Councilman Harold Heischober represented the Mayor at the Annual Reunion and Wreath-Laying Ceremony of the Game Wardens of Vietnam which was held at Little Creek Amphibious Base. August 15 - Councilman Harold Heischober represented the Mayor at the Tidewater Tides' benefit game for the United Way Campaign. August 17 - The Chamber of Commerce Legislative Workshop, held at Tandoms, was attended by Vice Mayor Barbara Henley and Council Members Nancy Creech, Harold Heischober and Meyera Ob6rndarf. August 18 - The Tidewater Chapter of the Virginia Credit Union League held their Annual Legislative/Sponsor Night at the Holiday Inn Newtown. Council Members Harold Heischober, H. Jack Jennings, Robert Jones, Reba McClanan and Meyera Oberndorf attended. August 19 - The Community Relations Reception, held at Fort Story Officers' Club, was attended by Council Members Jack Jennings, Reba McClanan and Meyera Oberndorf August 23 - The Virginia Beach School Employees' Convocation was held at the Pavilion and attended by Council Members Nancy Creech, Vice Mayor Barbara Henley, Robert Jones, Reba McClanan, and J. Henry McCoy. August 23 - Vice Mayor Henley represented the Mayor at the Four Cities United Way Campaign Kick-Off for public sector employees which was held at Old Dominion University. August 31 - Council Member Meyera Oberndorf represented the Mayor at the Change-of-Command Ceremony at which Rear Admiral Joseph Frick was relieved by Rear Admiral Jackson Parker at Naval Station - Norfolk. September 26, 1983 -4- M A T T E R S B Y C 0 U N C I L TIDEWATER TRANSPORTATION DISTRICT COMMISSION ITEM # 20628 Councilman McCoy stated the Tidewater Transportation District Commission, of which former Mayor J. Curtis Payne is Chairman, was desirous of briefing Council on a consultant's report which details assessment of the feasibility of re-establishing passenger service along the railroad between Virginia Beach and Norfolk. The briefing was scheduled for October 3, 1983, at 11:30 a.m., in the Conference Room of City Hall Building. BAXTER ROAD RELOCATION ITEM # 20630 Councilman McCoy stated he would like Planning Item 12 on the Formal Agenda (relocation of Baxter Road) deferred for formal action to October 24, 1983, with a discussion of same in an Informal Session prior to that time. KFMPSVILLE GOLF COURSE ITEM # 20630 Councilman McCoy stated a recommendation will be presented on the Kempsville Golf Course matter at the October 3, 1983, Council meeting. BACK BAY TOUR ITEM # 20631 Vice Mayor Henley stated further details will be available for the on-site tour (by Roy Mann Associates) scheduled for October 12, 1983, 9:00 a.m. to Noon. CCO PROPOSAL/ FISCAL IMPACT ITEM # 20632 Vice Mayor Henley stated she was desirous of having a discussion of the CCO proposal at the next Council meeting (October 3, 1983). FLOOD PLAINS ITEM # 20633 Councilman Baum stated he would present Council further information relative to flood plains in the near future. VIRGINIA INDUSTRTAL DEVELOPMENT REVENUE BOND ACT ITEM # 20634 Councilwoman McClanan advised Council of a Public Hearing to be held on the Virginia Industrial Development Revenue Bond Act on Friday, October 7, 1983, at 10:00 a.m. in Richmond, Virginia (General Assembly Building, House Room C). September 26, 1983 -5- M A T T E R S B Y C 0 U N C I L ATLANTIC AVENUE BEAUTIFICATION ITEM # 20635 Councilman Robert Jones stated a Public Hearing will be held October 8, 1983, at 10:00 a.m. at the Dome regarding Atlantic Avenue Beautification (Mayor's Ad Hoc Committee on Roads, Traffic and Parking). DENSITIES/BEACH BOROUGH ITEM # 20636 Councilman Kitchin advised questions regarding densities in the Virginia Beach Borough have arisen and focus on three issues as follows: 1. Requests for increasing H-2 District densities, prompted by economic conditions. 2. CUP/increasing density in B-5. 3. Rezoning from B-5 to H-2. The City Manager will make recormnendations to City Council. NONCONFORMING LOTS/ R-7 DISTRICT ITEM # 20637 Councilwoman Oberndorf questioned when the issue regarding nonconforming lots (R-7 District) would be heard by the Planning Commission. Planning Director Robert Scott advised it was scheduled for November. Mayor Jones requested it be advertised as soon as possible. September 26, 1983 -6- M A T T E R S B Y C I T Y M A N A C E R CITY REAL ESTATE PROCEDURES ITEM # 20638 C. Oral Lambert, Jr., Director of Department of Public Works, gave a presentation on City real estate procedures, with particular emphasis on: sale of surplus property (vacated streets), City-owned property (libraries, parks, etc.), and Old Donation Parkway (10.13 acres are unimproved). Assistant City Attorney R. J. Nutter addressed the legal aspects of the City's purchase method. With regard to the sale of vacated streets (surplus property), disposition may be through competitive bidding (if properly advertised). Regarding the sale of vacated streets, three conditions have to be met: 1. The applicant must be someone other than the original subdivider of the property, or someone purchasing from the subdivider. 2. Person, or persons, applying must own all the property which abuts along the street. 3. Parti.es agree to the value of the street. The most common question asked by a developer is whether the particular closure will require purchasing. ZONING MAP CORRECTION ITEM # 20639 Robert J. Scott, Director of the Planning Department, advised a correction has been made to the Zoning Map reflecting the proper boundary line of Virginia Beach/Chesapeake. The area in question was primarily in the vicinity of Stumpy Lake. CONCORDIA ENTERPRISES, LTD. ITEM # 20640 A request by Concordia Enterprises, Ltd. for an encroachment into a portion of the City right-of-way known as Reagan Avenue was placed on the Formal Agenda as an add-on under New Business. OCEANSIDE INVESTMENT ASSOCIATES ITEM # 20641 A request by Oceanside Investment Associates for a Change of Zoning was placed on the Formal Agenda as an add-on under New Business. September 26, 1983 - 7 - RECESS INTO EXECUTIVE SESSION ITEM # 20642 City Council recessed into EXECUTIVE SESSION at Six-Forty in the evening. September 26, 1983 -8- F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 26, 1983 7:18 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 G. 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 Harold M. Fuss Princess Anne Plaza United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA September 26, 1983 -9- Item II-D.1 MINUTES ITEM # 20643 Upon motion by Councilman Heischober, seconded by Councilwoman oberndorf, City Council APPROVED the Minutes of September 12, 1983. 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 Members Absent: None September 26, 1983 -10- PROCLAMATION ADD-ON ITEM # 20644 R. Dean Lee, King Neptune X, presented Council with a ROYAL PROCLAMATION, declaring the period of September 28 - October 2, 1983, to be a time of festival, frivolity and camaraderie in honor of the VIRGINIA BEACH NEPTUNE FESTIVAL. September 26, 1983 Item II-E.1 PRESENTATION ITEM # 20645 A National "Award for Excellence" was presented to the City of Virginia Beach by the Tidewater American Automobile Association. Making the presentation were Messrs. E. W. Timmons and Ivan Mapp. The "Award for Excellence" is awarded to states and cities which achieve top performances in both their pedestrian safety program activities and their pedestrian death and injury records within their respective population categories. September 26, 1983 -12- Item 11-F.1 PUBLIC HEARING ITEM # 20646 Mayor Jones declared a Public Hearing for: AN ORDINANCE TO AMEND AND REORDAIN SECTION 35-50 OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO ROLL-BACK TAX WHEN USE CHANGES TO NONQUALIFYING USE. There were no speakers. Mayor Jones closed the Public Hearing. September 26, 1983 -13- Item II-G RESOLUTIONS ITEM # 20646 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council ADOPTED Resolutions approving the Issuance of Industrial Development Revenue Bonds for: TPD ASSOCIATES ($ 200,000) U. S. HABITATS ($2,700,000) WTLL-O-WISP MEDTCAL BUILDING ASSOCIATES, A VIRGTNIA GENERAL PARTNERSHIP ($ 415,000) WILDWOOD MEDTCAL BUILDING ASSOCIATES ($ 400,000) RIVERSIDE NORTH ASSOCIATES ($ 750,000) STEIN REALTY ($2,100,000) PARKWAY Tll ASSOCIATES ($4,100,000) NORTHMPTON CORPORATE PARK ASSOCIATES II ($2,000,000) NEWTOWN SQUARE ASSOCIATES ($4,475,000) INDEPENDENCE GREEN ASSOCIATES ($8,700,000) GREENWICH CENTRE ASSOCIATES ($4,000,000) COLLEGE PARK SQUARE IV ASSOCTATES ($1,900,000) JAMES H. CAPPS AND CLARA E. CAPPS ($2,100,000) BOULEVARD ASSOCIATES, A VIRGINIA LTMITED PARTNERSHIP ($ 625,000) Voting: 10-1 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. Kitchin, IIT, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: H. Jack Jennings, Jr. Council Members Absent: None September 26, 1983 Amended to include address. --13a- 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 1983. On motion by and seconded by the following Resolution was adopted. A,'4ENDED RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR TPD ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority (the Authority), has considered the application of TPD Associates (the company) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $200,000 (the Bonds) to assist in the financing of the Company's acquisition, construction and equipping of an office and warehouse facility to be located at Parr-el R, Crusader Circle, Oceana West, Industrial Park in Virginia Beach, Virginia, and to be owned by the Company (the Facility) and has held a public hearing thereon on June 14, 1983; 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, 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 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, approves the issuance of the Bonds by the City of Virginia Bear-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, to permit the Authority to assist in the financing of the Facility. September 26, 1983 2 The approval of the issuance of the Bonds, as required by Section 103(k), does not constitute an endorse- ment 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 9/26 1983. Seppember 26, 1983 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 1983. On motion by and seconded by th6 following Resolution was adopted. AMENDED 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 (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 the Company's acquisition, construction and equipping of a facility consisting of five office buildings totaling 30,000 square feet to be located on approximately 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 June 14, 1983; and WHEREAS, the Auth6rity 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; September 26, 1983 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 amended, to permit the Authority to assist in the financing of the Facility. 3. The approval of the issuance of the Bonds, as required by such Sections 103(k) and 15.1-1378.1, does not constitute an endorsement of the Bonds or the credit- worthiness of the Company, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 4. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on 9j26 1983. -2- September 26, 1983 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: Will-O-Wisp Medical Building Location: 1012 First Colonial Road Description of Project: Medical Office Building Amount of Bond Issue: $415,000 Principal@s: A. Russell Dunnington Thomas M. Krop Edward R. George Robert L. Burger Se tember 26, 1983 FISCAL IMPACT STATEMENT WILL-O-WISP MEDICAL BUILI)ING ASSOCIATES AUGUST 16, 1983 1. Maximum amount of financirig sought $415,000.00 1 2. Estimated taxable value of the facility's real property. ? $450,000.00 3. Estimated real property tax pl!r year usirig present tax rates $ 3,645.00 4. Estimated personal property tax per year using present tax rates $ 2,000.00 + 5. Estimated merchants' capital tax per year I using present tax rates $ 4,000.00 + 6. Estimated dollar value per year of goods and services that will be purchased locally $200.000.00 7. Estimated number of regular employees on year round basis 15 8. Average annual salary per employee $ 35.000.00 Chairman City of Virginia Beach Development Authority 8.5.39.C September 26, 1983 A meeting of the Council of the City of Virginia Beach, Virginla, was held in the Council Chambers, in the Administration Building, on the 26th day of September, 1983. on motion by and seconded by , the following Resolution was a(lopte(l- RESOLUTION OF CITY COUNCIL APPR(IVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO WILL-O-WISP MEDICAL BUILDING ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the "Authority"), has considered the request of Will-O-Wisp Medical Building Associates, a Virginia general part- nershlp (the "Company") for the issuance of the Authority's Industrial development revenue bonds in an amount estimated at Four Hundred Fifteen Thousand Dollars ($415,000.00) (the "Bond") to assist the CompanY in financing its medical office building located at 1012 First Colonial Road, Virginia Beach, Virginia 23452 (the "Facility"), which Facilty was initially financed with a $400,000.00 Industrial Development Revenue Bond (WiU-0-Wisp Medical Building Associates Facility) Series 1981, and, after proper notice in a newspaper of general circulation, has held a publlc hearing thereon on September 13, 1983; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virglnia (the "City"), to approve the issuance of the Bond to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, a copy of the Authority's resolution approving the plan of financing and the issuance of the bond, subject to the 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 of the City of Virginia Beach, Virginia, appro- ves the issuance of the Bond by the City of Virginia Beach Development Authorlty of Virginia Beach, Virginia, for the benefit of Will-O-WISP Medical Building Associates, a Virginia general partnership, to the extent required by Section 103(k) of the Internal Revenue Code, to per- mit the Authority to assist in the financing of the Facility. -1- Se tember 26, 1983 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 Company, but, pursiimt to Chapter 643, Virginia Acts of Assembly of 1964, as an-,ended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the Interest thereon or other costs incident thereto except from the revenues and monies pledged therefor, and neither the faith or credit nor the @ng 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 September 26, 1983. 8.5.4l.C September 26, 1983 -2- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: Wildwood Medical Building ASsociates Location: 1008 First Colonial Road Description of Project: Medical office Building Amount of Bond Issue: $400,000 Principals: Dr. Berton W. Ashman Dr. William R. Cooper Dr. A. P. Ganderson Dr. H. Courtenay Harrison Dr. Raymond G. Troiana September 26, 1983 FISCAL IMPACT STATEMENT August 17, 1983 Wildwood Medical Building Associates Medical Office Building Facility 1. Maximum amount of financing sought $400,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $403,574.00 3. Estimated real property tax per year using present tax rates $ 3,228.59 4. Estimated personal property tax per year using present tax rates $ 3,000 5. Estimated merchants' capital tax (business license tax) per year using present tax rates $ 8,435.00 6. Estimated dollar value per year of goods and services that will be purchased locally $300,000 7. Estimated number of regular employees on year round basis $ 15 8. Average annual salary per employee $ 12,000 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By Chairman September 26, 1983 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 1983. On motion by and seconded by e following Resolution was adopted. RESOLUTION APPROVING THE MODIFICATION OF AN INDUSTRIAL DFVELOPMENT REVENUE BOND ISSUED FOR WILDWOOD IIEDICAL BUILDING ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority (the Authority), has considered the request of Wildwood Medical Building Associates (the Company) for the modification of the repayment terms of the Authority's 1981-$400,000 industrial Development Revenue Bond (the Bond) issued to assist in the financing of the cost of the Company's medical office building facility (the Facility) located at 1008 First Colonial Road, in the City of Virginia Beach, Virginia, and owned by the Company, and has held a public hearing thereon on September 13, 1983; and WHEREAS, the Authority has recommended that the City Council (the Council) of City of Virginia Beach, Virginia (the City), approve the modification of the repayment terms of the Bond 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 modification of the repayment terms of the Bond, a record of the public hearing 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 Council of the City of Virginia Beach, Virginia, approves the modification of the repayment terms of the Bond by the City of Virginia Beach Development Authority for the benefit of Wildwood Medical Building Associates, 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. 2. The approval of the modification of the repayment terms of the Bond, as required by such Sections 103(k) and 15.1-1378.1, does not constitute an endorseinent of the Bond or the creditworthiness of the Company, but, pur- suant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bond as modified, provides 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 ttie 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 9/26 1983. September 26, 1983 -2- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: Riverside North Associates Location: 2500 Block of Virginia Beach Boulevard Description of Project: Professional office Building and Retail Facility Amount of Bond Issue: $750,000 Principals: Nelson P. Tibbitt, Jr. David R. Rizzo Nancy L. Rizzo Joan K. Liosatos September 26, 1983 FISCAL IMPACT STATEMENT August 17, 1983 RIVERSIDE NORTH ASSOCIATES (Riverside North Associates Facility) 1. Maximum amount of financing sought $ 750,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 675,000 3. Estimated real property tax per year using present tax rates $ 4,500 4. Estimated personal property tax per year using present tax rates $ 11,500 5. Estimated merchants' capital tax (business license tax) per year using present tax rates $ 13,500 6. Estimated dollar value per year of goods and services that will be purchased locally $ 165,000 7. Estimated number of regular employees on year round basis $ 25 8. Average annual salary per employee $ 14,000 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By Chairman September 26, 1983 A meeting of the Council of the City of Virginia Beach, Virginia, was he'Ld in the Council Chambers, in the Administration Building, on the day of 1983. On motion by and seconded bv the following Resolution was adopted. RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR RIVERSIDE NORTH ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority (the Authority), has r-onsidered the application of Riverside North Associates (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $750,000 (the Bonds) to assist in the financing of the Company's acquisition, construction and equipping of a professional office building and retail faci- lity (the Facility) to be located in the 2500 Block of Virginia Beach Boulevard, in the City of Virginia Beach, Virginia, and to be owned by the Company, and has held a public hearing thereon on September 13, 1983; and WHEREAS, the Authority has rer-ommended 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 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: September 26, 1983 I .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 Riverside North Assor-iates, 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. 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 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 ex(;ept 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 9/26 1983. September 26, 1983 -2- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: Stein Realty Retail Furniture outlet at Southwest Corner Location: of Virginia Beach Boulevard and Witchduck Road & the Furniture Warehouse at 1301 Baker Road Description of Project: Retail Furniture outlet Facility and Furniture Warehouse Amount of Bond Issue: $2,100,000 Principals: Herbert N. Stein Ronda Y. Stein Gerald H. Stein Arlene S. Stein September 26, 1983 FISCAL IMPACT STATEMENT September 13, 1983 Stein Realty Retail Furniture SLore and Furniture Warehouse 1. Maximum amount of financing sought $2,100,000 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 $ 16,800 4. Estimated personal property tax per ear using present tax rates @based on $3.00 per $100) $ 3,150 5. Estimated merchants' capital tax (business license tax) per year using resent tax rates @based on $2.30 per $1,000 of gross receipts) @ 5,750 6. Estimated dollar value per year of goods and services that will be purchased locally $ 400,000 7. Estimated number of regular employees on year round basis @ 37 8. Average annual salary per employee @ 10,000 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By Chairman September 26, 1983 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 1983. On motion by and seconded bv the following Resolution was adopted. RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR STEIN REALTY WHEREAS, the City of Virginia Beach Development Atithority (the Authority), has considered the.application of Stein Realty, a Virginia general partnership (the Company), for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $2,100,000 (the Bonds) to assist in the financing of (1) the Company's acquisition, construction and equipping of a retail furniture outlet facility to be located on approximately 2 acres of land located at the former GEX service station and parking area at the southwest corner of Virginia Beach Boulevard and Witchduck Road in the City of Virginia Beach, Virginia, and to be operated by Grand Furniture Discount Stores, and (2) the Company's construction and equipping of a furniture warehouse to be located at 1301 Baker Road in the City of Virginia Beach, Virginia, and to be operated by Grand Furniture Discount Stores (collectively, the Facility) and has held a public bearing thereon on September 13, 1983; and WHEREAS, the Authority has recommended 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 record of the public hearing 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; September 26, 1983 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. 1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of the Company, to the extent of and 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. 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 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 theret.. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on 9/26 1983. September 26, 1983 -2- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: Parkway III Associates Location: 600 Lynnhaven Parkway Description of Project: office Building Amount of Bond Issue: $4,100,000 Principals: Daniel A. Hoffler A. Russell Kirk September 26, 1983 FISCAL IMPP..CT STATEMENT August 15, 1983 Parkway III Associates Office Building Facility 1. Maximum amount of financing sought $4,100,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $4,100,000 3. Estimated real property tax per year using present tax rates $ 32,000 4. Estimated personal property tax per year using present tax rates $ 15,000 5. Estimated merchants' capital tax (business license tax) per year using present tax rates $ 20,000 6. Estimated dollar value per year of goods and services that will be purchased locally $4,200,000 7. Estimated number of regular employees on year round basis $ 175 8. Average annual salary per employee $ 19,500 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By Chairman September 26, 1983 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 1983. on motion by and seconded by the following Resolution was adopted. RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR PARKWAY III ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority (the Authority), has considered the application of Parkway Ill Associates (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $4,100,000 (the Bonds) to assist in the financing of the Company's acquisition of an office building facility (the Facility) located at 600 Lynnhaven Parkway in the City of Virginia Beach, Virginia, and to be owned by the Company, and has held a public hearing thereon on September 13, 1983; 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 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 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 September 26, 1983 Parkway III Associates, 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. 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 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. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on 9/26 1983. September 26, 1983 -2- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: Northampton Corporate Park Associates Location: Northwest Intersection of Baker Road and Northampton Boulevard Description of Project: Office and Retail Showroom Amount of Bond Issue: $2,000,000 Principals: B. Bruce Baylor Dabney B. Holt William P. St. Lawrence September 26, 1983 FISCAL L@IPACT STATEMENT August 11, 1983 Northampton Corporate Park Associates II office and Retp-il Showroom Facility 1. Maximum amount of financing sought $ 2,000,000 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 $ 1,200 5. Estimated merchants' capital tax (business license tax) per year using present tax rates $ 3,200 6. Estimated dollar value per year of goods and services that will be purchased locally $ 500,000 7. Estimated number of regular employees on year round basis $ 180 8. Average annual salary per employee $ 7,800 CITY OF VIRGINIA BEACH DFVELOPMENT AUTHORITY By a rlnan September 26, 1983 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 1983. On motion by and seconded by the following Resolution was adopted. RESOLUTION APPROVING THE ISSUANCE OF INDUSTRlAL DEVELOPMENT REVENUE BONDS FOR NORTHAMPTION CORPORATE PARK ASSOCIATES 11 WHEREAS, the City of Virginia Beach Development Authority (the Authority), has considered the application of Northampton Corporate Park Associates 11 (the Company) for the issuanr-e of the Authority's industrial development reve- nue bonds in an amount not to exceed @2,000,000 (the Bonds) to assist in the financing of the Company's acquisition, construction and equipping of an office and retail showroom facility (the Facility), to be located at the northwest intersection of Baker Road and Northampton Boulevard, in the City of Virginia Beach, Virginia, and to be owned by the Company, and has held a public hearing thereon on SeDtember 13, 1983; and WHEREAS, the Authority has recommended 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 record of the public hearing 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: September 26, 1983 I .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 Northampton Corporate Park Associates II, 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. 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 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. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on 9/ 26 1983. September 26, 1983 -2- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: Newtown Square Associates Location: Southeast Corner of Newtown Road and Baker Road Description of Project: Retail Shopping Center Amount of Bond Issue: $4,475,000 Principals: Joe Boyd Raymond Hembree Harvey Lindsay & Co. M. Albert Carmichael September 26, 1983 FISCAL IIIPACT STATEMENT August 9, 1983 Newtown Square Associates Shopping Center 1. Ilaximum amount of financing sought $ 4,475,000 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 $ 20,000 5. Estimated merchants' capital tax (business license tax) per year using present tax rates $ 48,000 6. Estimated dollar value per year of goods and services that will be purchased locally $21,000,000 7. Estimated number of regular employees on year round basis $ 150 8. Average annual salary per employee $ 15,000 CITY OF VIRGINIA BEACH DEVELOPTIENT AUTHORITY By Chairman September 26, 1983 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 1983. On motion by and seconded bv the following Resolution was adopted. RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DF,VELOPtIENT REVENUE BONDS FOR NEWTOWN SQUARE ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority (the Authority), has considered the application of Newtown Square Associates (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $4,475,000 (the Bonds) to assist in the financing of the Company's acquisition, construction and equipping of a retail shopping center facility (the Facility) to be located at the southeast corner of Newtown Road and Baker Road, in the City of Virginia Beach, Virginia, and to be owned by the Company, and has held a public hearing thereon on September 13, 1983; and 14HEREAS, 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 plan of financing, subject to terms to be agreed upon, a record of the public hearing 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 Council of the City of Virginia Beach, Virginia, approves the issuance of the Bonds by the City of September 26. 1983 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 and Section 15.1-1378.1 of the Virginia 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 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. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on 9/ 26 1983. September 26, 1983 -2- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: Independence Green Associates South independence Boulevard, 8181 From Location: Northwesterly Intersection of South Independence Boulevard and Edwin Drive Description of Project: Professional Office Building Amount of Bond Issue: $8,700,000 Principals: James V. Bickford C. Roy Kelley, Jr. Paul R. Farrell General Investors Realty Associates September 26, 1983 FISCAL IMPACT STATEFIENT August 18, 1983 INDEPENDENCE GREEN ASSOCIATES PROFESSIONAL OFFICE BUILDING 1. Maximum amount of financing sought @8,700,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $1,200,000 3. Estimated real property tax per year using present tax rates $ 28,000 4. Estimated personal property tax per year using present tax rates $ 150,000 5. Estimated merchants' capital tax (business license tax) per year using present tax rates $ 160,000 6. Estimated dollar value per year of goods and services that will be purchased locally si,ouo,ooo 7. Estimated number of regular employees on year round basis $ 400 8. Average annual salary per employee @ 18,UOO CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By Chairman September 26, 1983 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 1983. On motion by and seconded by the following Resolution was adopted. RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DFVELOPMENT REVENUE BONDS FOR INDEPENDENCE GREEN ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority (the Authority), has considered the application of Independence Green Associates (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $8,700,000 (the Bonds) to assist in the financing of the Company's acquisition, construction and eqtiipping of a professional office building facility to be located on South Independence Boulevard, 818 feet from the northwesterly intersection of South Independence Boulevard and Edwin Drive in the City of Virginia Beach, Virginia, and to be owned by the Company (the Facility), and has held a public hearing thereon on September 13, 1983; and 14HEREAS, 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 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: September 26, 1983 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 Independence Green Associates, 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. 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 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. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on 9/ 26 1983. -2- September 26, 1983 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: Greenwich Centre Associates Location: Greenwich Road near its Intersection with Newtown Road Description of Project: Office Building Amount of Bond Issue: $4,000,000 Principals: Daniel A. Hoffler A. Russell Kirk Thomas E. Robinson Douglas D. Wetmore, III September 26, 1983 FISCAL IMPACT STATEMENT August 17, 1983 Greenwich Centre Associates Office Building Facility 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 $4,000,000 3. Estimated real property tax per year using present tax rates $ 26,000 4. Estimated personal property tax per year using present tax rates $ 15,000 5. Estimated merchants' capital tax (business license tax) per year using present tax rates $ 16,000 6. Estimated dollar value per year of goods and services that will be purchased locally $3,360,000 7. Estimated number of regular employees on year round basis $ 140 8. Average annual salary per employee $ 19,500 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By Chairman September 26, 1983 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 1983. On motion by and seconded bv the following Resolution was adopted. RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR GREENWICH CENTRE ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority (the Authority), has considered the applir-ation of Greenwich Centre 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, construction and equipping of an office building facility (the Facility) to be located on Greenwich Road near its intersection with Newtown Road, in the City of Virginia Beach, Virginia, and to be owned by the Company, and has held a public hearing thereon on September 13, 1983; and WliEREAS, 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 WIIEREAS, 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 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 Council of the City of Virginia Beach, Virginia, approves the issuance of the Bonds by the City of September 26, 1983 Virginia Beach Development Authority for the benefit of Greenwich Centre Associates, 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. 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 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. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on 9/ 26 1983. September 26, 1981 FISCAL IMPACT STATEMENT August 17, 1983 GREENWHICH CENTRE ASSOCIATES (Office Building Facility) 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 $4,000,000 3. Estimated real property tax per year using present tax rates $ 26,000 4. Estimated personal property tax per year using present tax rates $ 0 5. Estimated merchants' capital tax (business license tax) per year using present tax rates $ 16,000 6. Estimated dollar value per year of goods and services that will be purchased locally $3,360,000 7. Estimated number of regular employees on year round basis @ 140 8. Average annual salary per employee $ 19,500 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By Chairman September 26, 1983 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: College Park Square IV Associates North Side of Auburn Drive approximately Location: 3001 west of the Intersection of Auburn Drive and College Park Boulevard Description of Project: Combination Office and/or Mixed Use Retail and Commercial Facility Amount of Bond Issue: $1,900,000 Principals: Lawrence J. Goldrich Leslie Berger Estate of Jay Firman September 26, 1983 FISCAL IMPACT STATEMENT August 15, 1983 COLLEGE PARK SQUARE IV ASSOCIATES 43,200 sq. ft. combination office and/or mixed use retail and commercial facility 1. Maximum amount of financing sought $1,900,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $2,115,000 3. Estimated real property tax per year using present tax rates $ 18,840 4. Estimated personal property tax per year using present tax rates $ 50,000 5. Estimated merchants' capital tax per year using prebent tax rates $ 20,000 (business licehae taxes) 6. Estimated dollar value per year of goods and services that will be purchased locally $ 100,000 7. Estimated number of regular employees on year round basis 150 B. Average annual salary per employee $ 20,000 Authority Chairman CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY September 26, 1983 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 1983. On motion by and seconded by the following Resolution was adopted. RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND FOR COLLEGE PARK SQUARE IV ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the Authority), has considered the application of College Park Square IV Associates (the Company) whose address is 6465 College Park Square, Virginia Beach, Virginia, 23464, for the issuance of the Authority's industrial development revenue bond in an amount not to exceed $1,900,000 (the Bond) to assist in the financing of the Company's acquisition, construction, and equipping of an office and/or mixed use retail and commercial facility containing approximately 43,200 square feet of space located on approximately 2 acres of land situated on the north side of Auburn Drive, approximately 300 feet west of the intersection of Auburn Drive and College Park Bbulevard in Virginia Beach, Virginia (the Facility), and has held a public hearing thereon on September 13, 1983; and WHEREAS, the Authority has requested the City Council (the Council) of Virginia Beach, Virginia (the City), to approve the issuance of the Bond to comply with (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 Authorityis resolution approving the issuance of the Bond, 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; September 26, 1983 -2- BE IT RESOLVED BY THE CITY COUWCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City approves the issuance of the Bond by tlie Authority, for the benefit of the Company, 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 Facility. 2. The approval of the issuance of the Bond, 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 Bond or the creditworthiness of the Company, but, as required by Section 12.1 of Chapter 643 of the 1964 Acts of the General Assembly of Virginia, as amended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bond or the interest.thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on September 26 1983. CMS/da 1/28/83 (I. 1) September 26, 1983 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: James H. Capps and Clara E. Capps Location: 16th Street and Atlantic Avenue Description of Project: 53-Unit Motel Facility Amount of Bond Issue: $2,100,000 James H. Capps Principals: Clara E. Capps September 26, 1983 FISCAL IIIPACT STATEMENT September 13, 1983 JAtIES H. CAPPS AND CLARA E. CAPPS 53 TINIT tiOTEL 1. Maximum amount of financing sought $2,100,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $1,700,000 3. Estimated real property tax per year using present tax rates $ 16,640 4. Estimated personal property tax per year using present tax rates $ 3,750 5. Estimated merchants' capital tax (business license tax) per year using present tax rates $ 1,700 6. Estimated dollar value per year of goods and services that will be purchased locally s 110,000 7. Estimated number of regular employees on year round basis $ 6 8. Average annual salary per employee $ 10,000 CITY OF VIRGINIA BEACH DFVELOPMENT AUTHORITY By Chairman Estimated Rooiq Taxes of $25,000 September 26, 1983 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 1983. On motion by and seconded by the following Resolution was adopted. RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPIIENT REVENUE BONDS FOR JATIES H. CAPPS AND CLARA E. CAPPS WHEREAS, the City of Virginia Beach Development Authority (the Authority) has considered the application of James H. Capps and Clara E. Capps (collectively, the Company) for the issuance of the Authority's industrial deve- lopment revenue bonds in an amount not to exceed $2,100,000 (the Bonds) to assist in the financing of the Company's construction and equipping of a 53 unit motel facility (the Facility) to be located at 16th Street and Atlantic Avenue in the City of Virginia Beach, Virginia, and to be owned by the Company, and has held a public hearing thereon on September 13, 1983; 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 arqended, 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 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, VIPCINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bonds by the City of September 26, 1983 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 and Section 15.1-1378.1 of the Virginia 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 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. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on 9/ 26 1983. -2- September 26, 1983 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: Boulevard Associates Location: 3300 Virginia Beach Boulevard Description of Project: Office Building Amount of Bond Issue: $625,000 Principals: Jack Helfant Dorcas Helfant September 26, 1983 FISCAL IMPACT STATEMENT BOULEVARD ASSOCIATES, A VIRGINIA LIMITED PARTNERSHIP (BEING FORMED) 1. Maximum amount of financing sought $ 625,000.00 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 780,000.00 3. Estimat@ed real property tax per yelkr using present tax rates $ 6,318.00 4. Estimated personal property tax per year using present tax rates $ 15,000.00 - 20,000.00 5. Estimated merchants' capital tax per year using present tax rates $ 15,000.00 - 20,000.00 6. Estimated dollar value per year of goods and services that will be purchased locally $1,000,000.00 + 7. Estimated number of regular employees on year round basis 55 persons B. Average annual salary per employee $ 30,000.00 Chairman City of Virginia Beach Development Authority 8.10.5.C -1- September 26, 1983 -14- Item II-H.1 ORDINANCE ITEM # 20647 Upon motion by Councilman McCoy, seconded by Councilwoman McClanan, City Council APPROVED, on FIRST READING, an Ordinance to amend and reordain Section 35-50 of the Code of the City of Virginia Beach pertaining to roll-back tax when use changes to nonqualifying use. 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, TII, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None September 26, 1983 -14a- Requested by: Finance AN ORDINANCE TO AMEND AND REORDAIN SECTION 35-50 OF THE CODE OF THE CITY OF VIRGINIA BRACH PERTAINING TO ROLL-BACK TAX WHEN USE CHANGES TO NONQUALIFYING USE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 35-50 of the Code of the City of Virginia Beach is hereby amended and reordained to read as follows: Section 35-50. Roll-back tax when use changes to nonqualifying use. There is hereby imposed a roll-back tax, in such amount as may be determined under section 58-769.10 of the Code of Virginia, upon any property as to which the use changes to a nonqualifying use under this division, plus simple interest on such roll-back taxes at the same interest rate ef-six-f6+ pereent-per-annum applicable to delinquent real estate taxes pursuant to section 35-37 of this Code. The real estate assessor shall determine and assess the roll-back tax of the owner of any real estate liable for such tax, which shall be paid to the city treasurer within thirty (30) days after the assessment. Failure of the owner to pay such tax within thirty (30) days shall cause the owner to be liable for an additional penalty of ten (10) percent of the amount of the roll-back tax, which penalty shall be collected as part of the tax. In addition to such penalty, there is hereby imposed interest at the same interest rate of ene-half-ef-ene-pereent-per-menth applicable to delinquent real estate taxes pursuant to section 35-37 of this Code on the amount of roll-back tax for each month or fraction thereof during which failure to pay continues. Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of 1983. First Reading: September 26, 1283 Second Reading: 3/24/83 4/15/83 (D) -15- Item IT-I CONSENT AGENDA ITEM # 20648 Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED, in ONE MOTION, CONSENT AGENDA Items 2 through 8. Item I was voted upon separately. 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, 111, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None September 26, 1983 A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the 26th day of September, 1983. On motion by and seconded by , the following Resolution was adopted. RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND FOR BOULEVARD ASSOCIATES, A VIRGINIA LIMITED PARTNERSHIP WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the "Authority"), has considered the request of Boulevard Associates, a Virginia limited partnership (the "Company") for the issuance of the Authority's industrial development revenue bonds in an amount estimated at Six Hundred Twenty-Five Thousand Dollars ($625,000.00) (the "Bonds") to assist in the financing of the Company's acquisition and construction of an office building to provide pro- fessional and commerical services to the public (the "Facility"), located at 3300 Virginia Beach Boulevard, Virginia Beach, Virginia, and, after proper notice in a newspaper of general circulation, has held a public hearing thereon on September 13, 1983; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City"), to approve the issuance of the Bond to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, a copy of the Authority's resolution approving the plan of financing and the issuance of the bond, subject to the 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 of the City of Virginia Beach, Virginia, appro- ves the issuance of the Bond by the City of Virginia Beach Development Authority of Virginia Beach, Virginia, for the benefit of Boulevard Associates, a Virginia limited partnership, to the extent required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bond, as required by -1- September 26, 1983 Section 103(k), does not constitute an endorsement of the Bond or the creditworthiness of the Company, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and monies pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on September 26, 1983. 8. 10. 4. C -2- September 26, 1983 -16- Item 11-I.1 CONSENT AGENDA ITEM # 20649 Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council ADOPTED a Resolution in support of pending federal legislation (Senate Bill 141) that would reduce liability of cities in certain civil suits and would impose limits on awards of attorneys' fees. Voting: 10-1 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 C. Jones, W. H. Kitchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Meyera E. Oberndorf Council Members Absent: None September 26, 1983 -16a- A RESOLUTION IN SUPPORT OF PENDING FEDERAL LEGISLATION THAT WOULD REDUCE LIABILITY OF CITIES IN CERTAIN CIVIL SUITS AND WOULD IMPOSE LIMITS ON AWARDS OF ATTORNEY'S FEES WHEREAS, the Federal Courts have liberally interpreted various sections of the United States Code; and WHEREAS, such interpretations of 42 U.S.C. 1983 and 42 U.S.C. 1988 have eliminated certain reasonable defenses of local governments in suits alleging violations of civil rights and have resulted in awards of excessive attorney's fees respectively; and WHEREAS, the abilities of cities to provide necessary public services could be severely diminished due to excessive court awards which are a result of the interpretations of these Statutes by the Federal Courts; and WHEREAS, Senators Orrin Hatch and Strom Thurmond have introduced Senate Bill 141 before the 98th Congress for the purpose of clarifying certain sections olf 42 U.S.C. 1983 and 42 U.S.C. 1988 so as to allow local governments the ability to utilize reasonable defenses which previously had been recognized by the courts as being proper, and to more clearly define and limit the award of attorney's fees in certain civil suits which may be made against local governments; and WHEREAS, the need for such legislation is recognized by citizens and City Council of the City of Virginia Beach, Virginia; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA REACH, VIRGINIA: That the City Council of the City of Virginia Beach, Virginia, after due deliberation, does hereby endorse and support the passage of Senate Bill 141 as introduced by Senators Hatch and Thurmond, and further requests the support of Virginia Senators Trible and Warner in obtaining passage of this Bill. Be it further resolved that the City Attorney mail a copy of this Resolution to the Virginia Beach Congressional delegation. Adopted by the Council of the City of Virginia Beach, Virginia, on September 26 198 3. RJN/da - 17- Item II-I.2 CONSENT AGENDA ITEM # 20650 Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED a Resolution authorizing the Mayor to sign the amended Charter Agreement of Southeastern Tidewater Area Manpower Authority. 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, TTI, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None September 26, 1983 -17a- RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE AMENDED CHARTER AGREEMENT OF SOUTHEASTERN TIDEWATER AREA MANPOWER AUTHORITY WHEREAS, on July 1, 1974, the Southeastern Tidewater Area Manpower Authority was created as a joint venture between the cities of Chesapeake, Franklin, Norfolk Portsmouth, Suffolk, and Virginia Beach and the counties of Isle of Wight and Southampton for the purpose of administerinq the Comprehensive Employment and Training Act of 1973; and WHEREAS a number of the programs previously administered under the CETA Act of 1973 will now be undertaken by the Job Training Partnership Act of 1982; and WHEREAS, the City of Portsmouth, which has previously withdrawn from the Southeastern Tidewater Area Manpower Authority, wishes to rejoin the consortium; and WHEREAS, these changes require that an amended charter agreement be executed between the members of the Authority. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Mayor be authorized to execute the attached Amended Charter Agreement on behalf of the City of Virqinia Beach. Adopted by the Council of the City of Virginia Beach, Virginia, on September 26 198 3. RES.3 RHm/da 9/2 0/8 3 September 26, 1983 -17b- AM E14DED CHARTER AGRE EMENT OF THE SOUTHEASTERN TIDEWATER AREA MANPOWER AUTHORITY THIS AMENDED CHARTER AGREEMENT, made this day of 1983, by and between the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk, Virginia Beach, and Counties of Isle-of Wight, and Southampton, pursuant to the authority granted by Section 15.1-21 of the Code of Virginia, 1950, as amended. NOW, THEREFORE, it is mutually agreed as fo'llows: 1. That participating jurisdictions did join effective July 1, 1974, to create the Southeastern Tidewater Area Manpower Authority (STAMA) a joint venture between the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk, and Virginia Beach and the Counties of Isle of wight and Southampton, and do desire to amend that Charter in the limited respect contained below. 2. The Southeastern Tidewater Area Manpower Authority shall exist in perpetuity, subject however to dissolution by agreement of the governing bodies of the participating jurisdictions. 3. Southeastern Tidewater Area Manpower Authority shall have for its purpose the provision of manpower services in accordance with the provisions of the Comprehensive Employment Training Act of 1973, the Job Training Partnership Act of 1982, or any subsequent legislation of similar import. 4. Southeastern Tid.ewater Area Manpower Authority shall be governed by a Policy Council consisting of an elected or appointed official, designated by the governing body of each participating September 26, 1983 -17c- jurisdiction and an elected official appointee from the Southeastern Virginia Planning District Commission. S. The Policy Council shall meat a't least quarterly. 6. The Policy Council in hereby authorized and ewow*red: (a) To adopt By-Laws for the regulation of its affairs and the conduct of STAN& business; (b) To adopt an official seal alnd alter the same at its pleasure; (c) To maintain an office at such place or places as it may designate; (d) To sue and be sued; (e) To accept grants and gifts from the participating jurisdictions, the Commonwealth of Virginia, thd Federal government or any other governmental bod ies or political subdivision, and from any unit, private corporation, copartnership, association or individual; (f) To enter into contracts with the Federal goverrament, the Commonwealth of Virginia, any political subdivision, or any agency or instrumentality thereof, or with any unit, private corporation, private industry council, copartnership, association, or individual providing for or relating to the furnishing of manpower services; (g) To employ such_professional staff and clerical eMloyees as may be deemed necessary, and to pr'escribe their powers and duties and fix their compensati.on. (h) To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers hereunder, except contracts or agreements for September 26, 1983 -17d- the borrowing of money for which the express written consent of each participating jurisdiction must be obtained; (i) To do all acts and things necessary or convenient to carry out its purposes and powers. 7. The Southeastern Tidewater Area Manpower Authority shall be financed by State or Federal grants and by such contributions by the participating jurisdictions as shall be mutually agreed upon. B. Any participating jurisdiction may withdraw from this agreement as of the last day of June in any year, provided it gives written notice thereof to the Policy Council prior to the first day of march preceding the date of withdrawal. 9. Upon the dissolution of the Southeastern Tidewater Area Manpower Authority, all of its assets and property shall be di@sed of as determined by the Policy Council. 10. All real and personal property shall be acquired, held in the name of Southeastern Tidewater Area Manpower Authority and disposed of by the Policy Council in accordance with Rules and Regulations adopted and promulgated thereby. IN WITNESS WHEREOF, the parties hereunto have set their signatures and seals as of the day and year first written above. ATTEST: CITY OF CHESAPEAKE City Clerk CITY OF FRANKLIN City Clerk Septernber 26, 1983 -17e- COUNTY OF ISLE OF WIGHT City Clerk CITY OF NORFOIX City Clerk CITY OF PORTSMOUTH City Clerk COUNTY OF SOUTHAMPTON City Clerk CITY OF SUFFOLK City Clark CITY OF VIRGINIA BEACH City Clerk September 26, 1983 -18- Item 11-1.3 CONSENT AGENDA ITEM # 20651 Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED a Resolution authorizing the City Manager to execute two separate agreements concerning urban preservation and infill commitments. 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, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None September 26, 1983 -18a- Requested by: City Manager RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE TWO SEPARATE AGREEMENTS CONCERNING URBAN PRESERVATION AND INFILL COMMITMENTS WHEREAS, the City of Virginii Beach has applied to the Virginia Housing Development Authority for mortgage financing for purchasers of single family dwelling units which are eligible under the Urban Preservation and Infill Program; and WHEREAS, subject to the terms and conditions of the two agreements attached hereto, the Virginia Housing Development Authority will reserve for the City of Virginia Beach One Million Six Hundred and Twenty Five Thousand Dollars ($1,625,000) and Two Hundred and Fifty Thousand Dollars ($250,000) to be used to provide mortgage loan financing under the Authority's Residential Mortgage Program for persons and families of low and moderate income who purchase single family dwelling units eligible under the Urban Preservation and Infill Program. WHEREAS, the City of Virginia Beach wishes to accept such reservation of funds. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA- The City Manager is hereby authorized to enter into an agreement with the Virqinia Housing Development Authority for the reservation of One Million Six Hundred and Twenty Five Thousand Dollars (1,625,000) for mortgage financing for purchasers of single family dwelling units who are eliqible under the Urban Preservation and Infill Program. Said agreement is attached hereto and incorporated by reference. BE IT FURTHER RESOLVED, the City Manager is hereby authorized to enter into an agreement with the Virginia Housing and Development Authority for the reservation of Two Hundred and Fifty Thousand Dollars ($250,000) for mortgage financing for purchasers of single family dwelling units who are eligible under September 26, 1983 -18b- the Urban Preservation and infill Program. Said agreement is also attached hereto and incorporated by reference. Adopted by the Council of the City of Virginia Beach, Virginia on the 26 day of September, 1983. DSH/re 9/21/83 (RES.2) SIGN,%T'JkF@ -2- -19- item II-I.4 CONSENT AGENDA ITEM # 20652 Upon motion by Councilman McCoy, seconded by Councilwoman oberndorf, City Council ADOPTED an Ordinance to amend and reordain Section 23-22 of the Code of the City of Virginia Beach, Virginia, by adding thereto Sections 23-22.1 and 23-22.2 pertaining to drinking in public. 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 Members Absent: None September 26, 1983 -19a- AN ORDINANCE TO AMEND AND REORDAIN SECTION 23-22 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA BY ADDING THERETO SECTIONS 23-22.1 AND 23-22.2 PERTAINING TO DRINKING IN PUBLIC BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 23-22, of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Section 23-22.1. Drinking alcoholic beverages, or tendering to another, in 2ublic place. (a) If any person shall take a drink of alcoholic beverages or shall tender a drink thereof to another, whether accepted or not, at or in any public place, he shall be guilty of a Class 4 misdemeanor. (b) This section shall not prevent any person from drinking alcoholic beverages or offering a drink thereof to another in the dining room or other designated room, as defined in Section 4-25, Code of Virginia, of a hotel, restaurant, club or boat, or in a dining car, club car, or buffet car of any train, or beer only within all seating areas, concourses, walkways, concession areas, as well as other additional locations designated by the Virginia Alcoholic Beverage Control Commission, in coliseums, stadia, or similar facilities, during the performance of a professional sporting exhibition or event, provided such beer is served in a paper, plastic or similar disposable container, or in any other establishment, provided such hotel, restaurant, club, boat, dining car, club car, buffet car, coliseum, stadium or similar facility or other establishmeni, or the person who operates the same, including a concessionaire, is licensed to sell at retail for consumption in such dining room, room, car, seating areas, concourses, walkways, concession areas, as well as other additional locations designated by the Commission, in such coliseum, stadium or similar facility or establishment, such alcoholic beverages, and the alcoholic beverages drunk or offered were purchased therein. September 26, 1983 -19b- Section 23-22.2. -Drinking or possession of alcoholic beverages in or on public school grounds. If any person, in or upon the grounds of any free public elementary or secondary school, during school hours or school or student activities, shall take a drink of any alcoholic beverage or have in his possession any alcoholic beverage, he shall be guilty of a misdemeanor punishable by confinement in jail for not more than six (6) months and a fine of not more than five hundred dollars ($500), either or both. Adopted by the City Council of the City of Virginia Beach, Virginia this 26 day of September 1983. RMB/sm 8/2 9/8 3 (MISC.1) -2- -20- Item II-1.5 CONSENT AGENDA ITEM # 20653 Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance to amend and reordain Section 5.5 of Ordinance 292, Appendix B, Subdivision Regulations, of the Code of the City of Virginia Beach pertaining to street and other drainage by adding thereto a new Subsection (c). 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. B. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None September 26, 1983 -20a- AN ORDINANCE TO AMEND AND REORDAIN SECTION 5.5 OF ORDINANCE NO. 292 APPENDIX B, SUBDIVISION REGUIATIOMS OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO STREET AND OTHER DRAINAGE BY ADDING THERETO A NEW SUBSECTION (C) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 5.5 of the Subdivision Regulations, Appendix B, of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained by adding thereto a new subsection (c) as follows: (c) Developer will indemnify, keep and hold the cityr and its agents and employees, free and harmless from and against all contractural liability of developer and from and against all claims on account of injury to developer or any other person, firm or corporation, or damage to the property of the developer, purchaser or any other person, firm or corporation, and will defend the City, and its agents and employees, against all actions and settle all claims, damages, losses and expense arising from or growing out of the city's approval of the design, construction and/or installation of the said drainage system. This Ordinance shall be effective on and after the date of its adoption. Adopted by the Council of the City of Virginia Beachr on the 26 day of September 1982. GLF/sm 8/20/82 8/10/83 (B) AP t,PP September 26, 1983 - 21- Item II-I.6 CONSENT AGENDA ITEM # 20654 Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance to transfer Capital Project Funds (Referendum Bond Funds) of $10,144,431 to Project 5-964 Water Resources. 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 Members Absent: None September 26, 1983 -2la- AN OPDINANCE TO TRANSFER CAPITAL PROJECT FUNDS OF $10,144,431 TO PROJECT 5-964 WATER RESOURCES WHEREAS, on August 8, l9P3, City Council, by Resolution, accepted and approved the Report of the Water and Sewer Bond Informat'ion Committee which recommended that the city file bond validation proceedings to utilize 1980 Referendum Bond funds to finance water supply projects as may be determined by City Council, and WHEREAS, City Council directed the City Attorney to proceed with the court validation process, and WHEREAS, on September 15, 1983, with no party having replied to the Motion for Judgment, the Circuit Court of tbe City of Virginia Beach with the Honorable Austin E. Owen presiding decreed that the portion of 1980 Water and Sewer Referendum bonds in question may be issued to finance water supply projects other ihan deep, freshwater wells and desalting as may be determined by the City Council of Virginia Beach, and WHEREAS, City Council desires to utilize these bond funds which total $10,144,431 for c-.tpital project 5-964 Water Resources. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCLL OF THE CITY OF VIRGINIA BEACH that capital project funds of $10,144,431 be transferred as indicated below: Transfer From: 5-829 Freshwater Treatment Plants $ 6,396,751 5-830 Brackish Water Test and Development Program 691,000 5-831 Pembroke Water Treatment Plant Improvements 279,000 5-929 Freshwater Production Well Fields 1,520,000 5-941 2MGD Desalting Plant 1,257,680 Total $10,144,431 Transfer To: 5-964 Water Resources $10,144,431 Adopted by the Council of the City of Virginia Beach, Virginia on the 26t'n day of qppr@,h,r I 19 -22- Item II-I.7 CONSENT AGENDA ITEM # 20655 Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance authorizing Tax Refunds in the amount of $1,270.44 upon application of certain persons and upon certification of the Treasurer for payment. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. lienley, 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 Members Absent: None September 26, 1983 -22a- 9/6/83 ENC 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 13EACH, VIRGINIA: That the following appllcations for tax refunds upon certification of the Treasurer are hereby NAME Tax Type Ticket Exonera- Date Penalty Int. Total Year of Tax Number tion No. Paid Kyrus Realty Inc 82 pp 72759-4 7/25/83 500.00 Leaseway System Corp 83 pp 84099- 5 5/21/83 175.50 Charles G Small 80 pp 105000 5/8/80 25.68 Walter E Wolford 83 pp 157263-9 7/5/83 88.68 Jerald D Basham 83 pp 8699-8 5/26/83 106.62 Richard Lennon 82 pp 148550-0 12/2/82 35.02 Elwood C Stowe 83 pp 137115-1 8/11/83 11.61 Alfred Shephard 83 pp 128443-3 5/10/83 89.28 M & J Corp 82 pp 148815-1 6/28/83 10.00 Shelton Spellman 81 pp 113776 1/29/82 20.57 Home Federal S &L 83 RE(1/2) 2840-0 12/5/82 136.00 Va Beach Bank of Commerce 83 RE(2/2) 82914-3 5/18/83 56.48 Elizabeth Peed 83 Pkng 4632 7/18/83 15.00 Total 1,270.44 SEP R 1983 DEPT. OF LAW This ordinance shall be effective from date of adoption. The above abatemenqs) totaling were approved by the Council of the City of Virginla Beach on the-26 day of t. l@83. rer Approv Ruth Hodges Smith City Clerk Bimson, City Attorney -23- Item II-1.8 CONSENT AGENDA ITEM # 20656 Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED Ordinances authorizing license refunds in the amount of $6,269-62 and $2,476.08, respectively, upon application of certain persons and upon certification of the Connissioner of the Revenue. Voting: 11-0 Council Members Voting Aye: John A. BaLun, Nancy A. Creecb, 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 Members Absent: None September 26, 1983 -23a- AN ORDINANCE AUTHORIZINr2 LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Coinmissioner of the Revenue are hereby approved: NAME License Date Base Penal ty Int. Total Year Paid ersonnel Communications, Inc. /A Lendman Advertising 500 Greenwich Road 1979/82 Audit 6,210.62 6,210.62 a. Beach, VA 23454 iiactor of Va. Beach, Inc. 616 Bay Point Dr. Beach, VA 23454 1981 Audit 59.00 59.00 c nt: Ivan D. Mapp Commissioner of Revenue App,roved as tojorm: This ordinance shall be effective from date of adoption. The above abatemengs) totaling $6 269 - 62 were approved by the Council of the City of Virginia Beach on the 26 day of September 19 83 Ruth Hodges Smith City Clerk September 26, 1983 -23b- AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICAT'ON OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF'VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Conwnissioner of the Revenue are hereby approved: NAME License Date Base Penalty lnt. Total Year Paid McDonalds Rest. of Va., Inc. 1983 6/1/83 1,528.40 1,528.40 3015 Williams Dr. Fairfax, VA 22031 Metals of Virginia, Inc. 1982 Audit 291.78 291.78 28 Research Drive Hampton, VA 23666 Models, Inc. 1982/83 Audit 527.89 527.89 2859 Va. Beach Blvd., s-110 Va- Beach, VA 23452 James A. Murphy 1982 Audit 128.01 128.01 2371 Va- Beach Blvd. Va. Beach, VA 23452 Certi @d as to Payment: van D. Mapp Commissioner of Revenue This ordinance shall be eff.cti,e from date of adoption. The above abatemenqs) totaling 6.08 were approved by the Council C)l the City of Virginia Beach on the 26 day of eptmber '19 83 Ruth Hodges Smith City Clerk September 26, 1983 -24- Item II-J.1 PLANNING ITE24 ITEM # 20657 Attorney Robert Cromwell represented the applicant. Speaking in opposition to the application was Bill Voultisides. Verbal opposition was registered (see attached list). Upon motion by Councilwoman McClanan, seconded by Vice Mayor Henley, City Council DENIED the application of BREEDEN DEVELOPMENT CORPORATION for a Change of Zoning from B-2 to A-2. A substitute motion was made by Council- man McCoy and seconded by Councilman Kitchin to approve the application. The substitute motion lost by a vote of 5 to 6. ORDTNANCE UPON APPLICATION OF BREEDEN DEVELOPMENT CORPORATTON, A VIRGINIA CORPORATION, FOR A CHANGE OF ZONING FROM B-2 TO A-2 Ordinance upon application of Breeden Development Corporation, a Virginia Corporation, for a Change of Zoning District Classification from B-2 Community- Business District to A-2 Apartment District on certain property located 202.01 feet west of Holland Road beginning at a point 1311 feet south of Rosemont Road, running a distance of 962.53 feet along the eastern property line, running a distance of 600 feet more or less along the southern property line, running a distance of 910 feet along the western property line and running a distance of 600 feet more or less along the northern property line. Said parcel contains 13.928 acres. PRINCESS ANNE BOROUGH. Voting: 6-5 (MAIN MOTION) Council Members Voting Yes: Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: John A. Baum, Nancy A. Creech, Harold Heischober, W. H. Kitchin, III, J. Henry McCoy, Jr., D.D.S. Council Members Absent: None September 26, 1983 -25- Item II-J.1 PLANNING ITEM ITEM # 20657 (,o.ti..@d) VERBAL OPPOSITION TO BREEDEN DEVELOPMENT CORPORATION COZ FROM B-2 TO A-2 Dresija and Robert Byrd Michael D. McOsker 3721 Woodcrest Lane 929 Shadowtree Way 340-7672 463-4166 Lorraine Conners Walter Milam 3702 Northwood Court 3717 Woodcrest Lane 340-8627 463-9575 Adele Falardeau Linda Miller 916 Meadowood Drive 3756 Stoneshore Road 340-4469 463-6789 Carol and Michael Forehand Russell and Mirian T. Mosher 913 Silvertree Court 3678 Windmill Drive 486-1133 427-6870 Edith A. Hill Patricia Nallow 905 Larkhaven Lane 3706 Northwood Court 463-3227 463-1152 Doris Jones Mary Ann Pohle 912 Meadowood Drive 901 Larkhaven Lane 340-4164 463-6254 Suzanne and Kenneth Knutsen B. L. Smith 941 Northwood Drive 905 Silvertree Court 444-7567 (Work) 463-1838 340-7302 (Home) Gwen and Thomas McNamee Susan and Anthony Veeder 3724 Woodcrest Lane 3758 Upland Road 463-7339 486-7140 September 26, 1983 -26- Ttem II-J.2 PLANNING ITEM ITEM # 20658 Attorney Robert Cromwell represented the applicant. Also present, on behalf of the applicant, was Richard K. Stell of Basgier and Associates, Engineering Consultants. Opposition registered: Donna Wilson, 3216 Princess Anne Road Tda Reid, 931 Kenton Avenue, Norfolk (apartment owner in subject area) Laura Adams, 2340 Holland Road (Piney Grove/Mt. Zion Civic League) Upon motion by Councilwoman McClanan, seconded by Councilwoman Creech, City Council ADOPTED Ordinances upon application of LANDSTOWN MEADOWS ASSOCIATES for Changes of Zoning from AG-1 to R-8, from AG-2 to R-8, from R-8 to PD-H 2, and from R-8 to P-1, with a PD-H overlay and a limition of four units* per acre. This matter was deferred for two weeks on September 12, 1983. Adopted Ordinances are as follows: September 26, 1983 -27- Item 11-J.2 PLANNING ITIM ITEM # 20658 (continued) ORDINANCE UPON APPLTCATION OF LANDSTOWN MEADOWS ASSOCIATES FOR A CHANGE OF ZONING FROM AC-1 TO R-8 Z0983750 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Landstown Meadows Associates for a Change of Zoning District Classification from AG-1 Agricultural District to R-8 Residential District on certain property located 600 feet west of Holland Road beginning at a point 4540 feet more orless south of Landstown Road, running a distance of 3250 feet more or less along the northern property line, running a dis- tance of 950 feet along the western line, running a distance of 1060 feet in a southeasterly direction, running a distance of 660 feet in a northerly direction, running a distance of 1600 feet more or less in a southeasterly direction, running a distance of 190 feet in a northeasterly direction, running a distance of 420 feet more or less in a northerly direction, running a distance of 200 feet in a northeasterly direction, running a distance of 550 feet more or less in a northwesterly direction, running a distance of 470 feet in a northeasterly direction and running a distance of 510 feet more or less in a northerly direction. Said parcel contains 84.2 acres. PRINCESS ANNE BOROUGH. The following may be required: 1. Standard improvements as required by the Subdivision Ordinance. 2. City water and sewer. 3. Two traffic signals, one along Princess Anne Road and one along Holland Road. 4. Left-turn lanes along Princess Anne and Holland Roads. 5. Approval of an acceptable Planned Unit Development Site Plan. The following will be required: 1. A dedication of right-of-way 90 feet in width for Rosemont Road as per the Master Street and Highway Plan. This Ordinance shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Sixth day of September, Nineteen Hundred, Eighty-Three. September 26, 1983 - 28- Item II-J.2 PLANNING ITEM ITEM # 20658 (continued) ORDINANCE UPON APPLICATION OF LANDSTOWN MEADOWS ASSOCIATES FOR A CHANCE OF ZONING FROM AG-2 TO R-8 Z0983751 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Landstown Meadows Associates for a Change of Zoning District Classification from AG-2 Agricultural District to R-8 Residential District on parcels located on the east side of Princess Anne Road and the west side of Holland Road. Parcel 1: Located on the east side of Princess Anne Road beginning at a point 3100 feet more or less south of Landstown Road, running a distance of 100 feet along the east si.de of Princess Anne Road, running a distance of 730.92 feet along the southern property line, running a distance of 150 feet more or less along the eastern property line, running a distance of 1050 feet more or less in a northwesterly direction, running a distance 460 feet more or less in a southerly direction, running a distance of 100 feet in a southeasterly direction and running a distance of 310 feet in a southwesterly direction. Parcel 2: Located on the west side of Holland Road beginning at a point 4600 feet more or less south of Landstown Road, running a distance of 351.43 feet along the west side of Holland Road, running a distance of 600 feet along the southern property line, running a distance of 530 feet more or less along the western property line, running a distance of 350 feet more or less in a southeasterly direction and running a distance of 303.21 feet in an easterly direction. Said parcels contain 11.4 acres. PRINCESS ANNE BOROUGH. September 26, 1983 -29- Item 11-J.2 PLANNING ITIN ITEM 20658 (continued) The following may be required: 1. Standard improvements as required by the Subdivision Ordinance. 2. City water and sewer. 3. Two traffic signals, one along Princess Anne Road and one along Holland Road. 4. Left-turn lanes along Princess Anne and Holland Roads. 5. Approval of an acceptable Planned Unit Development site plan. The following will be required: 1. A 30-foot dedication is required along the frontage on Princess Anne Road (Ferrell Parkway), 55 feet from the centerline of the existing 50-foot right-of-way to provide for an ultimate 110-foot right-of-way as per the Master Street and Highway Plan, together with a scenic easement. Note: Aligriment requirements for this portion of Princess Anne Road (Ferrell Parkway) as per Public Works/Engineering. This Ordinance shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Sixth day of September, Nineteen Hundred, Eighty-Three. September 26, 1983 -30- Item II-J.2 PLANNING IT04 ITEM # 20658 (continued) ORDINANCE UPON APPLICATION OF LANDSTOWN MEADOWS ASSOCIATES FOR A CHANGE OF ZONING FROM R-8 TO PD-H-2 Z0983752 BE IT ORDAINED BY THE COUNCLL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Landstown Meadows Associates for a Classification from R-8 Residential District to PD-H-2 Planned Unit Development District on cer- tain property located on the east side of Princess Anne Road beginning at a point 4600 feet more or less south of Landstown Road, running a distance of 100 feet along the east side of Princess Anne Road, running a distance of 750 feet in an easterly direction, running a distance of 660 feet in a northerly direction, running a distance of 400 feet in an easterly direction, running a distance of 100 feet in a northwesterly direction, running a distance of 250 feet in a northeasterly direction, running a distance of 800 feet in a soulheasterly direction, running a distance of 300 feet more or less in an easterly direction, running a distance of 150 feet in a northeasterly direction, running a distance of 400 feet in a northerly direction, running a distance of 150 feet in an easterly direction, running a distance of 550 feet in a northwesterly direction, running a distance of 1050 feet in a northeasterly direction, running a distance of 350 feet along the west side of Holland Road, running a distance of 300 feet in a south- westerly direction, running a distance of 210 feet in a northwesterly direction, running a dis- tance of 150 feet in a southwesterly direction, running a distance of 60 feet in a southerly direction, running a distance of 260 feet in a southwesterly direction, runnirig a distance of 100 feet in a southerly direction, running a dis- tance of 100 feet in a westerly direction, run- ning a distance of 100 feet in a northerly direction, running a distance of 100 feet in a westerly direction, running a distance of 300 feet in a northerly direction, running a distance of 2850 feet in a southwesterly direction, running a distance of 1420 feet in a southerly direction, running a distance of 150 feet in a southeasterly direction, and running a distance of 340 feet in a southwesterly direction. Said parcel contains 95.0 acres. PRINCESS ANNE BOROUGH. September 26, 1983 -31- Item II-J.2 PLANNING ITEM ITIN # 20658 (continued) The following may be required: 1. Standard improvements as required by the Subdivision Ordinance. 2. City water and sewer. 3. Two traffic signals, one along Princess Anne Road and one along Holland Road. 4. Left-turn lanes along Princess Anne and Holland Roads. 5. Approval of an acceptable Planned Unit Development site plan. 6. PD-H-2 overlay limited to a maximum of 500 units*. *See limitation stated in motion. The following will be required: 1. A 30-foot dedication is required along the frontage on Princess Anne Road (Ferrell Parkway), 55 feet from the centerline of the existing 50-foot right-of-way to provide for an ultimate 110-foot right-of-way as per the Master Street and Highway Plan, together with a scenic easement. Note: Alignment requirements for this portion of Princess Anne Road (Ferrell Parkway) as per Public Works/Engineering. 2. A dedication of right-of-way 90 feet in width for Rosemont Road as per the Master Street and Highway Plan. This Ordinance shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Sixth day of September, Nineteen Hundred, Eighty-Three. September 26, 1983 -32- Item II-J.2 PLANNING ITEM ITEM # 20658 (continued) ORDINANCE UPON APPLICATION OF LANDSTOWN MEADOWS ASSOCIATES FOR A CHANGE OF ZONING FROM R-8 TO P-1 Z0983753 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Landstown Meadows Associates for a Change of Zoning District Classification from R-8 Residential District to P-1 Preservation District an parcels located west of Holland Road and east of Princess Anne Road. Parcel 1: Located 500 feet west of Holland Road beginning at a point 4500 feet mare or less south of Landstown Road, running a distance of 230 feet in a northwesterly direction, running a distance of 280 feet along the northern property line, running a distance of 330 feet along the western property line, running a distance of 100 feet in an easterly direction, running a distance of 100 feet in a southerly direction, running a distance of 100 feet in an easterly direction, running a distance of 100 feet in a northerly direction, running a distance of 260 feet in an easterly direction, running a distance of 50 feet in a northerly direCLion and running a distance of 180 feet in a northeasterly direction. Parcel 2: Located 1550 feet more or less east of Princess Anne Road beginning at a point 2900 feet south of Landstown Road, running a distance of 470 feet mare or less along the southern property line, running a distance of 400 feet along the eastern property line, running a distance of 240 feet along the northern property line and running a distance of 120 feet along the western property line. Said parcels contain 4.9 acres. PRINCESS ANNE BOROUGH. The following may be required: 1. Approval of an acceptable Planned Unit Development site plan. This Ordinance shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Sixth day of September, Nineteen Hundred, Eighty-Three. September 26, 1983 -33- ltem II-J.2 PLANNING ITEM ITEM # 20658 (continued) These four applications were ADOPTED BY ONE MOTION AND ONE VOTE. Voting: 11-0 Council Members Voting Aye: John A. BaL=, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. E. Kitchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None September 26, 1983 -34- Item II-J.3 PLANNING ITEM ITEM # 20659 Attorney Robert Cromwell represented the applicant. Opposition registered: Attorney Henry Sadler, representing the residents of Lake Shores Grant Gullickson, Lake Shores resident Francis Pogue, Lake Sbores resident Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council DENIED Ordinances upon application of JOHN W. SMITH for a Change of Zoning from R-3 to A-3; and, a Change of Zoning from B-2 to A-3 per the following: ORDINANCE UPON APPLICATION OF JOHN W. SMITH FOR A CHANGE OF ZONING FROM R-3 TO A-3 Ordinance upon application of John W. Smith for a Change of Zoning District Classification from R-3 Residential District to A-3 Apartment District on certain property located on the south side of Shore Drive beginning at a point 1510 feet more or less west of Independence Boulevard, running a distance of 689.79 feet along the south side of Shore Drive, running a distance of 900 feet more or less along the western property line, running a distance of 330 feet along the southern property line and running a distance of 760 feet along the eastern property line. Said parcel contains 9.373 acres. BAYSIDE BOROUGH. AND, ORDINANCE UPON APPLICATION OF JOHN W. SMITH FOR A CHANGE OF ZONING FROM B-2 TO A-3 Ordinance upon application of John W. Smith for a Change of Zoning District Classification from B-2 Community-Business District to A-3 Apartment District on certain property located on the south side of Shore Drive beginning at a point 860 feet more or less west of Independence Boulevard, running a distance of 650 feet along the south side of Shore Drive, running a distance of 760 feet more or less along the western property line, running a distance of 405.98 feet along the southern property line, running a distance of 50 feet in a northwesterly direction, running a dis- tance of 90 feet in a northeasterly direction, running a distance of 120 feet in a westerly direction and running a distance of 470 feet more or less along the eastern property line. Said parcel contains 10.627 acres. BAYSIDE BOROUGH. September 26, 1983 -35- Item II-J.3 PLANNING ITEM ITEM # 20659 (c..tinued) 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 Members Absent: None September 26, 1983 -36- City Council recessed from Nine-Five until Nine-Sixteen in the evening. Item II-J.4 PLANNING ITEA ITEM # 20660 Upon motion by Councilman Baum, seconded by Vice Mayor Henley, City Council DEFERRED to October 3, 1983, per the recommendation of the City Attorney and the Planning Department, an Ordinance to amend and reordain Article 2, Section 221, of the Comprehensive Zoning Ordinance pertaining to procedural requirements and general standards for Conditional Use Permits. 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 Members Absent: None September 26, 1983 -37- Item II-J.5 PLANNING ITEM ITEM # 20661 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council ADOPTED an Ordinance to amend and reordain Article 1, Section 107(d) of the Comprehensive Zoning Ordinance pertaining to amendments. 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 Members Absent: None September 26, 1983 -37a- AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 1, SECTION 107(d) OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO AMENDMENTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 1, Section 107(d), Planning Comission hearing; action following hearing, of the C.Z.O. be amended and reordained in part as follows: (d) Planning Comission hearing; action following hearing. Unless the proposal is withdrawn by letter or other fonnal notice be- fore the hearing, the hearing shall be held at the time and place announced-, provided however, that if the hearing is post- poned, new public notice shall be issued as for the original notice. at-the-expeRse-ef-the-apPl*eaRtT-4f-the-postpeneinent-4s at-h*s-pequest If the postpon ent is at the reue of the lic prp:t applicant or due to the app :mnt's failure to rly follow applica' rocedures, then the readvertisement shall be at the appt',eca . Following each hearing, the comm-ission shall by motion adopt its recommendation, which may include changes in the original proposal, and shall transmit such recommendations to City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of g@ptp,b@r 1983. APPROV@D AS TO C@NTCNT -38- item II-J.6 PLANNING ITEM ITEM # 20662 Julian Keith, the applicant, represented himself. Upon motion by Councilman Jennings, seconded by Councilman Robert Jones, City Council ADOPTED an Ordinance upon application of KIMMEL AUTOMOTIVE, TNC., T/A TREAD QUARTERS for a Conditional Use Permit for mounting and balancing tires, subject to the condition that all repair work is to be performed within the building. ORDINANCE UPON APPLICATION OF KIMMEL AUTOMOTIVE, INC., T/A TREAD QUARTERS FOR A CONDITIONAL USE PERMIT FOR MOUNTING AND BALANCING TIRES R0983577 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGTNTA BEACH, VIRGINIA: Ordinance upon application of Kimmel Automotive, Inc. T/A Tread Quarters, for a Conditional Use Permit for mounting and balancing tires on certain property located on the north side of Virginia Beach Boule- vard beginning at a point 555.30 feet east of Byrd Lane, running a distance of 145.06 feet along the north side of Virginia Beach Boulevard, running a distance of 150 feet along the eastern property line, running a distance of 145.06 feet along the northern property line and running a distance of 150 feet along the western property line. Said parcel contains 21,736 square feet. LYNNEAVEN BOROUGH. This Ordinance shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Sixth day of September, Nineteen Hundred, Eighty-Three. 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 Members Absent: None September 26, 1983 -39- Item II-J.7 PLANNING ITEM ITEM # 20663 Barbara Biggs, the applicant, represented herself. Upon motion by Councilman Jennings, seconded by Councilman Robert Jones, City Council ADOPTED an Ordinance upon application of BARBARA and VIVIAN A. BIGGS for a Conditional Use Permit for a home occupation (babysitting), subject to a limitation of one year and eight (8) children. ORDlNANCE UPON APPLICATION OF BARBAPA AND VIVIAN A. BIGGS FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (BABYSITTING) R0983578 BE 1T ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Barbara and Vivian A. Biggs for a Conditional Use Permit for a home occupation (babysitting) on Lot 69, Blok 3, Section 8, Windsor Woods. Said parcel is located at 249 Cortland Lane and contains 10,517 square feet. LYNNIIAVEN BOROUGH. This ordinance shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tiwenty-Sixth day of September, Nineteen Hundred, Eighty-Three. 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 Members Absent: None September 26, 1983 -40- Item 11-J-8 PLANNING ITEM ITEM # 20664 Upon motion by Councilman Jennings, seconded by Councilman Baum, City Council DEFERRED to October 10, 1983, an Ordinance upon application of JOSEPH C. and BELEN M. LYNCH for a Conditional Use Permit for small engine repair sales per the following: ORDINANCE UPON APPLICATION OF JOSEPH C. AND HELEN M. LYNCH FOR A CONDITIONAL USE RERMIT FOR SMALL ENGINE REPAIR AND RETAIL SALES Ordinance upon application of Joseph C. and Helen M. Lynch for a Conditional Use Permit for small engine repair and retail sales on certain property located on the west side of First Colonial Road beginning at a point 457.6 feet south of Virginia Beach Boule- vard, running a distance of 75 feet along the west side of First Colonial Road, running a distance of 180 feet along the southern property line, running a distance of 75 feet along the western property line and running a distance of 180 feet along the northern property line. Said parcel contains 13,500 square feet. LYNNHAVEN BOROUGH. 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. Oberndarf Council Members Voting Nay: None Council Members Absent: None September 26, 1983 -41- Item II-J.9 PLANNING ITEM ITFM # 20665 Ava Jarry Alderson, the applicant, represented herself. Upon motion by Councilman Jennings, seconded by Councilman Robert Jones, City Council ADOPTED an Ordinance upon application of AVA JARRY ALDERSON for a Conditional Use Permit for a day care center (kindergarten), subject to a limitation of one year and eight (8) children. ORDINANCE UPON APPLICATION OF AVA JARRY ALDERSON FOR A CONDITIONAL USE PERMIT FOR A DAY CARE CENTER R0983579 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Ava Jarry Alderson for a Conditional Use Permit for a day care center (kindergarten) on Lot C and parts of Lots 16 and 17, Plat of Redivision of Lot 17-4, 5,6,7,8, 9 and 10, Block K, Rudee Heights. Said parcel is located at 512 General Booth Boulevard and contains 11,341 square feet. LYNNHAVEN BOROUGH. The following may be required: 1. City water and sewer. This Ordinance shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Sixth day of September, Nineteen Hundred, Eighty-Three. 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 Members Absent: None September 26, 1983 -42- Item II-J.10 PLANNING ITEM ITEM # 20666 Attorney Charles Ansell represented the applicant. Earl Braunstein, representing the United States Navy, spoke in opposition. Upon motion by Councilman Jennings, seconded by Councilman McCoy, City Council DEFERRED to October 10, 1983, an Ordinance upon application of PREMIER MILLWORK AND LUMBER COMPANY, TNC. for a Change of Zoning from B-2 to A-3 per the following: ORDINANCE UPON APPLICATION OF PREMIER MILLWORK AND LUMBER COMPANY, INC. FOR A CHANGE OF ZONING FROM B-2 TO A-3 Ordinance upon application of Premier Millwork and Lumber Company, Inc. for a Change of Zoning District Classification from B-2 Community-Business Dis- trict to A-3 Apartment District on certain property located on the west Side of N.rth Birdne,k Road beginning at a point 175 feet north of Waterfront Drive, running a distance of 148.58 feet along the west side of North Birdneck Road, running a distance of 276.33 feet along the northern property line, running a distance of 313.83 feet along the western property line, running a distance of 99 feet along the north side of Waterfront Drive, running a distance of 185 feet in a nortberly direction and running a distance of 175.23 feet in an easterly direction. Said parcel contains 1.24 acres. LYNNHAVEN BOROUGH. 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. R. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None September 26, 1983 -43- Item II-J.11 PLANNING ITE14 ITEM # 20667 Attorney Grover Wright represented the applicant. Opposition registered by: Attorney Ned Caton, representing residents of Linkhorn Cove and Linkhorn Shores Captain D. J. Michaels, 1732 North Woodhouse Road Gerrit Benson, Linkhorn Cove Civic League Janice Wells, Alanton Civic League Dr. Albert Granoff, President, Linkhorn Civic League A motion was made by Councilman Jennings, seconded by Councilman Baum, to ADOPT Ordinances upon application of O.W.L., Ltd. for a Change of Zoning from R-3 to R-4; AND, for a Conditional Use Permit for open space promotion. Upon SUBSTITUTE MOTION by Councilman Robert Jones, seconded by Councilwoman Oberndorf, City Council DENTED the following applications. ORDINANCE UPON APPLICATION OF O.W.L., LTD. FOR A CHANGE OF ZONING FROM R-3 TO R-4 Ordinance upon application of O.W.L., Ltd. for a Change of Zoning District Classification from R-3 Residential District to R-4 Residential District on certain property located 1120 feet more or less east of the intersection of First Colonial Road and Mill Dam Road, running a distance of 1530 feet mare or less along the southern property line, running a distance of 1100 feet more or less along the eastern property line, running a distance of 1400 feet along the northern property line and running a distance of 100 feet along the western property line. Said parcel contains 34.75 acres. LYNNHAVEN BOROUGH. AND, ORDINANCE UPON APPLICATION OF O.W.L., LTD. FOR A CONDITIONAL USE PERMTT FOR OPEN SPACE PROMOTION Ordinance upon application of O.W.L., Ltd. for a Conditional Use Permit for open space promotion on certain property located at the northeast inter- section of First Colonial Road and Mill Dam Road, running a distance of 2767.99 feet along the southern property line, running a distance of 170.23 feet in a northerly direction, running a distance of 872.61 feet in a northeasterly direction, running a distance of 79.80 feet in a northwesterly direction, running a distance of 117.80 feet in a southwesterly direction, running a distance of 102.00 feet in a northwesterly direction, running a dis- tance of 92.50 feet in a southwesterly direction, running a distance of 117.50 feet in a southerly direction, running a distance of 3466.76 feet along the northern property line and running a distance of 1180.57 feet along the east side of Mill Dam Road. Said parcel contains 80.45 acres. LYNNHAVEN BOROUGH. September 26, 1983 -44- Item II-J.11 PLANNING ITEM ITEM #20667 (continued) Voting: 9-2 (SUBSTITUTE MOTION FOR DENLAL) Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, 111, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: John A. Baum and H. Jack Jennings, Jr. Council Members Absent: None September 26, 1983 -45- Item II-J.12 PLANNING ITEM ITEM # 20668 Upon motion by Councilman McCoy, seconded by Councilman Robert Jones, City Council DEFERRED to October 24, 1983, an Ordinance to amend the Master Street and Highway Plan dated December 16, 1974 (widening Independence Boulevard and relocating Baxter Road). Discussion of this item will be held at an informal Session of Council prior to October 24. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, E. Jack Jenniiigs, 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 Voting Nay: None Council Members Absent: None September 26, 1983 -46- Item II-K APPOINTMENTS ITEM #20669 By consensus of City Council, appointments to the following Boards and Commissions were RESCHEDULED. 1. Community Services Board 2. Historical Review Board 3. Mosquito Control Commission 4. Personnel Board 5. Board of Plumbing and Mechanical Appeals September 26, 1983 -47- Item II-M.1 NEW BUSINESS ITEM # 20670 Upon motion by Councilman Jennings, seconded by Councilman McCoy, City Council RESCHEDULED to October 10, 1983, reconsideration of a condition in the application of MR. AND MRS. ALLEN M. HOLMES, FRED AND ELIZABETH SOLES, GEORGE B. AND EDITH K. SHTELDS AND MICHAEL WILCOX for a Change of Zoning District Classification from R-7 Residential District to A-3 Apartment District Straight Category (modified from A-4 Apartment District) approved March 14, 1983), with the stipulation that all adjoining property owners, as well as people who voiced opposition March 14, 1983, will be notified of this action by 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 Members Absent: None September 26, 1983 -47a- OIMINANCE @ APPLICATION OF MR. AND MM. zo383707 AUEN M. , FRM AND ELIZAEERH GSORGE B. AND EDITH K. SHIEIW AND MICHM WILCOX FOR A CHANGE OF ZONIM DISTPIcr IFICATION FROt4 R-7 RESIDERRIAL DISTRICR TO A-3 AP DISTRICR STRAIGUR @IFIED FROM A-4 AP DISMCR) BE IT OFMNED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: ordinance upon application of Mr. and Mrs. Allen M. Holmes, Fred ard Elizabeth Soles, George B. and Edith K. Shields and r4ichael Wilcox for a Change Of fran R- sidential District to A-3 Apartment L)lstrict Straight Category @fied fr@ A-4 Aparmmt District) on property located on the Southeast corrier of 24th Street and MecUterranean Avenue on Lots 18, 20, 22, 24, 26, 28, 30 arid 32, Block 58, Map No. 6, Part of Property of Virginia Beach Devel@t Co. Said parcel omtains 32,500-square feet. VIRGINIA BEACH BOROUGH. During further review of the deve t plans for this project, the following may be required by the staff: 1. Standard =pr ts as required by the Site Plan ordinarice. 2. City water and sewer. Pricr to the changing of the official @ng map, the following condition will be met. 1. Resubdivision of the property and vacation of existing lot Ums to avoid the creation of nonconfo@ng lots. The Planning Ccmnission also required the following conditions: 1. Modified to A-3 Apar@t District restr!ieted GHr category for si:xteen eighteen units. This ordinance shall be effective from date of adoption Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of March, 1983. -48- Item II-M.2 NEW BUSINESS ADD-ON ITIM # 20671 Upon motion by Councilwoman Creech, seconded by Councilman Robert Jones, City Council ADOPTED an Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Reagan Avenue to CONCORDIA ENTERPRISES, LTD., its assigns and successors in title, with the following conditions: 1. The owner agrees to remove the encroachment when notified by the City of Virginia Beach, at no expense to tbe 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 obtain a bond in the amount of $2,887.50 to cover relandscaping if necessary. 4. The wner agrees to maintain said encroachment so as not to become unsightly or hazardous. 5. An open-cut request and a traffic control plan must be sub- mitted and approved prior to working within any public road- way. 6. The owner shall execute an agreement with the City encompassing the above conditions. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heiscbober, 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 Members Absent: None September 26, 1983 -48a- AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF REAGAN AVENUE TO CONCORDIA ENTERPRISES, LTD. ITS 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, Concordia Enterprises, Ltd., its assigns and successors in title is authorized to construct and maintain a temporary encroachment into a portion of the City right-of-way of Reagan Avenue. That the temporary encroachment herein authorized is for the purpose of construction and maintaining a private 4" sewer force main and that said encroachment shall be constructed 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 Reagan Avenue, as shown on that certain plat entitled: "PLAT SHOWING LOCATION OF PROPOSED 41 SEWAGE FORCE MAIN,' a copy of which is on file in the Virginia Beach Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment berein authorized shall terminate upon notice by the City of Virginia Beach to any officer of Concordia Enterprises, Ltd. and within thirty (30) days after such notice is given, said encroacbment shall be removed from the City right-of-way of Reagan Avenue by the Concordia Enterprises, Ltd. and that the Concordia Enterprises, Ltd., its assigns and successors shall bear all costs and expenses of such removal. And PROVIDED FURTHER, that it is expressly understood and agreed that the Concordia Enterprises, Ltd-, its assigns and September 26, 1983 -48b- successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment: and PROVIDED FURTHER, this ordinance shall not be in effect until such time that the Concordia Enterprises, Ltd. executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions and other provisions deemed appropriate by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the 26 day of September 19 83 MES/re 9/2 2/8 3 (29D) APPROV@r' .6.5 DEPAP,TP-It!T APPROVED AS TO FORM GN.TU"t ('M ATTORNEY -2- September 26, 1983 -48c- THIS AGREEMENT, made this ;?-3 day of l9ff3 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, party of the first part, and CONCORDIA ENTERPRISES, LTD., ITS ASSIGNS AND SUCCESSORS IN TITLE, party of the second part. W I T N E S S E T H: That. WHEREAS- it is proposed by the party of the second part to construct and maintain a private 41 sewer force main to service certain homes it is building adjacent to Reagan Avenue in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such private 4' sewer force main, it is necessary that the said party of the second part encroach into a portion of an existing City right-of-way of Reagan Avenue; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such private 4' sewer force main within a portion of the City right-of-way of Reagan Avenue. NOW, THEREFORE, for and in consideration of the.premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City right-of-way of Reagan Avenue for the purpose of constructing and maintaining such private 4" sewer force main. it is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, tO wit: An area of encroachment into a portion of the City's right-of-way known as Reagan September 26, 1983 -48d- Avenue, as shown on that certain plat entitled: "PLAT SHOWING LOCATON OF PROPOSED 4" SEWAGE FORCE KAIN,' a copy of which is attached hereto and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City right-of-way of Reagan Avenue by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. it is further expressly understood and agreed that the party of the second part submit and have approved an open cut request and traffic control plan to the proper authorities prior to working within the public roadway, and must post a bond in th* amount of $2,887.50 to cover the cost of relandscaping, if necessary, due to any actions by the party of the second part. Such a determination shall be at the party of the first part's sole discretion. -2- -48e- It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the easement encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day thalt such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties Ln any manner provided by law for the collection of local or state taxes. IN TESTIMONY WHEREOF, the party of the first part has caused this instrument to be executed by its City Manager and attested by its City Clerk, all as of the day, month and year first above written. CITY OF VIRGINIA BEACH By (SEAL) City Manager ATTEST: City Clerk c B September 26, 1983 -48f- STATE OF VIRGINIA CITY OP VIRGINIA BEACH, to-wit it , a Notary Public in and for the City and State aforesaid, do hereby certify that THOMAS H. MUEHLENBECK, City Manager, and RUTH HODGES SMITH, City Clerk, for the CITY OF VIRGINIA BEACH, whose names as such are signed to the foregoing Agreement have acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 19 NotarF My Commission Expires, STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: a Notary Public in and for the City and State aforesaid, do hereby certify that @title a" (title) CONCORDIA ENTERPRISESF LTD. whose name@ ar-e signed to the foregoing Agreement ),eve acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this @.0 day of 7-7 19LI Notary Puoiic my commission Expires: NES/re 9/22/83 (29D) r!TY ATTC)i',-y September 26, 1983 -48g- 0 -48h- 0 P-3 -49- Item II-M.3 NEW BUSINESS ADD-ON ITEM # 20672 Upon motion by Councilman Kitchin, seconded by Councilman McCoy, City Council EXPEDITED to October 17, 1983, the application of OCEANSIDE INVESTMENT ASSOCIATES for a Change of Zoning from B-5 to H-2 per the following: ORDINANCE UPON APPLICATION OF OCEANSIDE INVESTMENT ASSOCIATES FOR A CHANGE OF ZONING FROM B-5 TO H-2 ordinance upon application of Oceanside Investment Associates for a Change of Zoning District Classification from B-5 Resort-Commercial District to H-2 Resort Hotel District on certain property located on the east side of Atlantic Avenue at the eastern terminus of 21st Street, running a distance of 25 feet along the east side of Atlantic Avenue, running a distance of 150 feet along the northern property line, running a distance of 25 feet along the eastern property line and running a distance of 150 feet along the southern property line. Said parcel contains 3750 square feet. VIRGINIA BEACH BOROUGH. 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 Members Absent: None September 26, 1983 -50- Item II-M.4 NEW BUSINESS ADD-ON ITEM # 20673 Regarding a letter from Joan Gibson, Candidate for House of Delegates, District 82, pertaining to a proposed Charter change under Virginia Code 15.1-955, addressed to Mayor Louis R. Jones, Councilman Baum suggested that if Council Members elected to discuss this matter it should be dis- cussed in an open session. Said letter is hereby made a part of the record. Members of Council elected not to discuss the matter. September 26, 1983 Item 11-N.1 ADJOURNMENT ITEM 20674 By consensus, City Council adjourned the ineeting at Eleven Twenty-Five in the evening. @oan M. Keith Deputy City Cl.erk Ii, CMC Mayor Lo City Clerk City of Virginia Beach Virginia /jk September 26, 1983