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HomeMy WebLinkAboutAUGUST 12, 1985 MINUTESCITY COUNCIL City of Virginia Flcach "WORLD'S LARGEST RESORT CITY" MAYOR HAROLD HEISCHOBER, At Large VICE-MAYOR REBA S. M¢CLANAN, Pr~acess Anne Borough JOHN A. BAUM, Blackwate~, Borough NANCY A. CREECH, At La~'ge ROBERT E. FENTRESS, Virginia Beach Borough BARBARA M. HENLEY, P~ngo Borough H. JACK JENNINGS, JR., LFnnhaven Borough LOUIS R. JONES, Ba~t~de Borough ROBERT G. JONES, At Large J. HENRY McCOY, JR., Kempsville Borough MEYERA E. OBERNDORF, At La~'ge CITY COUNCIL AGENDA RUTH HODGES SMITH, CMC, Cit~ Clerk ~81 CITY HALL BUILDING MUNICIPAL CENTER VIRGINIA BEACH, VII~GINIA ~456-~0~ 180~] ,~?-~,$05 August 12, 1985 Virginia Beach City Council ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 1:00 PM A. CALL TO ORDER - Mayor Harold Heischober B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2 PM A. INVOCATION: Reverend Patrick Lee COffey Great Neck Baptist Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CITY MANAGER'S ADMINISTRATIVE ITEMS 1. Review of Consent A~enda E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS F. PRESENTATION 1. Little Miss Virginia Beach - Kimberly Davidson G. MINUTES 1. Motion to accept/approve the Minutes of August 5, 1985. H. PLA~I~IIC - BY CONSENT Ordinance closing, vacating and discontinuing portion of 22nd Street~ 23rd Street~ "A" Street~ and "C" Street in the petition of the City of Virginia Beach (Virginia Beach Borough). Letter from the City Manager transmits the recommendation of the Planning .Commission, and the Viewers concur, for approval. Ordinance closing, vacating and discontinuing portion of Chinquapin Trail in the petition of Atlantic Developmen~ Associa~es (Lynnhaven Borough). Letter from the City Manager transmits the recommendation of the Planning Commission, and the Viewers concur, for approval. Application of William J. Jomak, Jr., President, Beggars Bridge Gunning Clmb, Inc., for a Conditional use permit for a hunting and fishing lodge on a 14.43-acre parcel located on the east side of Muddy Creek Road, at the eastern extremity of Pleasant Ridge Road (Pungo Borough). Letter from the City Manager transmits the recommendation, BY CONSENT, of the Planning Commission for approval. Application of Nannette J, Goldberg and Ka~herine P. and David R. Frieden for a conditional use permit for a boarding stable and riding school located on a 31.73-acre parcel located on the south side of 3485 Head River Road, east of the Virginia Beach City Line (Blackwater Borough). Letter from the City Manager transmits the recommendation, BY CONSENT, of the Planning Commission for approval. PLAI~II~G Application of Amurcon Corporation of Virginia for a conditional use permit for a home for the elderly on a 5.3- acre parcel located on the west side of Rosemont Road, south of Holland Road (Kempsville Borough). Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 2. Application of Billy W. and William E. Chaplain for a change of zoning from R-7 Residential District to A-4 Apartment District on a 17,447. 7-square foot parcel located on the northeast corner of 13th Street and Courtright Avenue (Virginia Beach Borough). Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 3. Application of E. Christopher Worrell for a change of zoning from H-2 Resort Hotel District to B-5 Resort Commercial District on a 14,000- square foot parcel located at 206-208 20th Street (Virginia Beach Borough). Application of E. Christopher Worrell for a conditional use permit for an increase in density to 120 units per acre and additional height to 100 feet on Lots 16, 18, and 20, Block 41, on a 21,000-square foot parcel located at 206-208 20th Street (Virginia Beach Borough). Application of E. Christopher Worrell for a conditional use permit for an increase in density from 80 units per acre to 120 units per acre and an increase in height from 75 feet to 100 feet on Lots 11, 13, 15, and one-half of Lot 17, Block 41, on a 29,750-square foot parcel, located at 203 19th Street (Virginia Beach Borough). Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 4. Application of Koger Properties, Inc. for a change of zoning from 0-1 Office District to H-1 Hotel District on a 4.55-acre located at the north side of the Virginia Beach Toll Road, east of Newtown Road (Bayside Borough). Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 5. Application of Clifton Chalk for a change of zoning from R-6 Residential District to B-2 Community-Business District on an 8,700-square foot parcel located on the northeast corner of Witchduck Road and Aragona Boulevard (Bayside Borough). Letter from the City Manager transmits the recommendation of the Planning Commission for denial. e Application of Andrew Meredith for a Subdivision variance to Section 4.4(b) of the Subdivision Ordinance located at the Southeastern extremity of Caspian Avenue (Kempsville Borough). Letter from the City Manager the recommendation of the Commission for denial. transmits Planning Ordinance to amend and reordain the Comprehensive Plan dated January 23, 1985, regarding commercial development in the General Booth Boulevard area. This ordinance was Deferred by City Council July 1, 1985. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. J® RESOLUTIONS Industrial Development Revenue Bonds 1. Resolution approving the issuance of Industrial Development Revenue Bonds: a. Electronic Systems, Inc. $900,000 b. Pembroke Plaza Associates $2,250,000 c. Northmall Hotel Associates $10,000,000 d. Aragona Village Shopping Center $1,540,000 e. RBM Associates $1,000,000 f. Reader Farm Associates - Housing Bond $25,000,000 g. Lighthouse Hotel Associates $10,000,000 h. Maximus Associates Two - Housing Bond $1,620,000 i. Edward Fischer & Frank Guthrie $1,280,000 j. Basgier Properties $6,000,000 k. Barnett-Range Corp. - Housing Bond $20,000,000 1. Intersoluble Marketing Ltd. $3,000,000 m. Gordon Paper Company 1,500,000 n. Images International, Inc. $3,000,000 o. Gul U S A $1,500,000 p. L.M. Sandler & Sons, Inc. $1,025,000 q. BMRI Harbor Court Associates - Housing Bond $3,850,000 r. Dr. Robert W. Waddell - Reissue $2,000,000 K. ORDINANCES 1. Ordinance to amend Section 5-5.1 of the City Code pertaining to dog killing domestic animals. L. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Resolution authorizing the charge-off of uncollectible accounts and remove $94,807.21 from the City's records. 2. Ordinance to amend and reordain Sections 12-3(a), 12- 8(a), 12-25, 12-41, 12-42, 12-43, 12-44, 12-45, 12-46, and 12-49 of the Code of the City of Virginia Beach, Virginia, pertaining to Fire Prevention and Protection. 3. Ordinance to accept and appropriate a $1,200 grant from the Virginia Division of Motor Vehicles for funding a safety belt awareness program. 4. Ordinance to transfer $250 from the General Fund's Reserve for contingencies to the Police Chief's Division for reimbursement of legal expenses incurred by a city employee in the performance of his duties. 5. Ordinance to authorize a temporary encroachment into a portion of the right-of-way known as an unnamed 15 foot alley at Croatan Beach to Albert Jensen, his heirs assigns and successors in title. ' 6. Ordinance to authorize a temporary encroachment into a portion of the right-of-way at 26t~Street to William Hugh Kitchin, III, his heirs assigns and successors in title. ' 7. Raffle Permits: Women's Club of Chesapeake, Inc. YF-41 Officers Wive's Club 8. Ordinance authorizing tax refunds in the amount of $3,714.68. Ordinance authorizing license refunds in $823.34. the amount of M. UNFINISHED BUSINESS 1. Back Bay Study Commission Report: Presentation by Mr. Jack Whitney, Planning Department N. NEW BUSINESS O® ADJOURNMENT 1. Motion to adjourn. MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 12, 1985 The Regular Meeting of the Council of the City of Virginia Beach, Virginia was called to order by Mayor Harold Heischober in the Conference Room, City Hall Building, on Monday, August 12, 1985, at 1:00 in the afternoon. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Absent: J. Henry McCoy, Jr., D.D.S. Councilman McCoy was out of the City. ~gust 12, 1985 - 2 - ITEM # 24006 Mayor Heischober entertained a motion to permit Council to conduct its EXECU- TIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes, to be followed by the REGULAR MEETING. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Louis Jones, seconded by Councilman Baum, City Council voted to proceed into the EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. August 12, 1985 -3 - REGULAR SESSION VIRGINIA BEACH CITY COUNCIL August 12, 1985 2:00 p.m. Mayor Heischober called to order the Regular Session of the Virginia Beach City Council in the Council Chambers, City Hall Building, on Monday, August 12, 1985, at 2:00 in the afternoon. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: None INVOCATION: Reverend Patrick Lee Coffey Pastor Great Neck Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA August 12, 1985 -4- CITY MANAGER'S ADMINISTRATIVE ITEMS Item II-D.1 CONSENT AGENDA FIRE PREVENTION AND PROTECTION CITY CODE AMENDMENT ITEM # 24007 The City Manager reference an Ordinance to amend and recordian Sections 12-3(a), 12-8(a), 12-25, 12-41, 12-42, 12-43, 12-44, 12-45, 12-46, and 12-49 of the Code of the City of Virginia Beach, Virginia, pertaining to FIRE PREVENTION AND PROTECTION (See Item II-L.2 of the Consent Agenda). The City Manager requested this item be DEFERRED INDEFINITEY to enable staff to respond to Council's concerns. item II-D.2 CONSENT AGENDA REIMBURSEMENT FOR LEGAL EXPENSES ITEM # 24008 Councilman Jennings mentioned an Ordinance to transfer $250 from the General Fund Reserve for Contingencies to the POLICE CHIEF'S DIVISION for reimbursement of legal expenses incurred by a City employee in the performance of his duties (See Item II-L.4 of the Consent Agenda). This item will be polled to enable Chief Wall to respond to inquiry concerning the details of this particular reimbursement. Item II-D.3 CONSENT AGENDA ENCROACHMENT/ALBERT JENSEN ITEM # 24009 The City Clerk advised a citizen requested to speak relative an Ordinance to authorize a temporary ENCROACHMENT into a portion of the right-of-way known as AN UNNAMED 15 FOOT ALLEY at CROATAN BEACH to ALBERT JENSEN, his heirs, assigns and successors in title. (See Item II-L.5 of the Consent Agenda) This item will be polled to enable the citizen to relate his OPPOSITION. ~gust 12, 1985 - 5 - MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS Item II-E.1 GENERAL BOOTH BOULEVARD RESOLUTION ITEM # 24010 The Mayor advised the Resolution to amend and reordain the COMPREHENSIVE PLAN dated January 23, 1985, regarding COMMERICAL DEVELOPMENT in the GENERAL BOOTH BOULEVARD AREA will be DEFERRED for further REDRAFTING (See Item 11-1.7 of the PLANNING AGENDA). Item II-E.2 INDUSTRIAL DEVELOPMENT REVENUE BONDS/READER FARM ASSOCIATES ITEM # 24011 The Vice Mayor advised due to a number of calls relative the RESOLUTION approvi~g the issuance of INDUSTRIAL DEVELOPMENT REVENUE BONDS to READER FARM ASSOCIATES (Housing Bond) in the amount of $25,000,000 (See Item II-J.f under RESOLUTIONS), this item will be DEFERRED. August 12, 1985 -6- Item II-F.1 PRESENTATION ITEM # 24012 Mayor Heischober RECOGNIZED: LITTLE MISS VIRGINIA BEACH Kimberly Davidson Lewis Mayor Heischober PRESENTED a Framed City Seal to Kimberly Davidson Lewis, who was accompanied by her parents: Reggie and Sally Lewis. A~gost 12, 1985 - 7- Item II-G.1 MINUTES ITEM # 24013 Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council APPROVED the MINUTES of August 5, 1985. Voting: 10-0 Council Members Voting Aye: John A. Baom, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. August 12, 1985 -8- Item II-H. PLANNING -BY CONSENT ITEM # 24014 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council APPROVED in ONE MOTION Items II-H.1 and Ii-H.3 of the PLANNING - BY CONSENT AGENDA. Items II-H.2 and II-H.4 were voted upon separately. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. August 12, 1985 Item II-H.1. - 9 - PLANNING ITEM # 24015 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council APPROVED BY CONSENT an Ordinance closing, vacating and discontinuing portions of 22nd, 23rd, "A" and "C" Streets in the petition of the CITY OF VIRGINIA BEACH. Application of the City of Virginia Beach, Virginia, for the discontinuance, closure and abandonment of portions of 22nd Street, 23rd Street, "A" Street and "C" Street as shown on the plat entitled "Survey of Property Commonly known as Toll Road Park, Property of the City of Virginia Beach" on file in the Engineering Division, Department of Public Works. VIRGINIA BEACH BOROUGH. The following conditions shall be required: 1. Resubdivision of the property to incorporate the closed area into adjoining parcels. The closure of this right-of-way shall be contingent upon compliance with the above stated condition within 180 days of the approval by City Council. The OWNER or LEGAL REPRESENTATIVE for the Owner, has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None CoUncil Members Absent: J. Henry McCoy, Jr., D.D.S. August 12, 1985 - 9a - STATEMENT OF' CONSENT APPLICANT: CITy OF' VIRE~INIA BEACH APPLICATION: STREET CLOSURE DESCRIPTION OF' PROPERTy: PORTIONS OF' 22nd, 23rd, A and C STREETS CITy COUNCIL SESSION: 12 August I985 THE UN"D, ERSIEjNED OWNER OR:LEE~AL REPRESENTATIVE FOR THE OWNER, (or A~en~ for the Owner), biAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BU THE VIRGINIA BEACH PLANNIN~ COMMISSION TO ~E VIRGINIA BEACH CIT~I COUNCIL FOR AFFIR~TIVE ACTION ON ~I8 DATE AS THE~ APPL~ TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONIN~ ~P OF ~E CI~ OF VIRGINIA BEACH, VIRGINIA, A~ HEREB~ ACCEPTS A~ AE~REES TO: 1. Resubcliuision of the propertH to incorporate The closure of fhls ri~ht-of-wa~ shall be con- tin~en~ upon compliance with the above condition within 180 daHs of this date. Ow~-er / Att~~ Date: 12 August 1985 August 12, 1985 AN ORDINANCE CLOSING, VACATING, AND DISCONTINUING OF A PORTION OF THOSE CERTAIN STREETS KNOWN AS 22ND, 23RD, A AND C STREETS, AS SHOWN ON THAT CERTAIN PLAT ENTITLED "SURVEY OF PROPERTY COMMONLY KNOWN AS TOLL ROAD PARK PROPERTY OF THE CITY OF VIRGINIA BEACH VIRGINIA BEACH BOROUGH VIRGINIA BEACH, VIRGINIA" WHEREAS, it appearing that the City has advertised this proposed street closure by advertising the same in the ~ir~inia Beach Sun News, on April 22, 1985, and April 29, 1985; and WHEREAS, it is the judgment of the Council and Viewers that closure and discontinuance of the below-described street will not result in any public inconvenience. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the hereinafter described streets be discontinued, closed, and vacated, which portions are more particularly described as follows and all are shown on that certain plat entitled "SURVEY OF PROPERTY COMMONLY KNOWN AS TOLL ROAD PARK PROPERTY OF THE CITY OF VIRGINIA BEACH VIRGINIA BEACH BOROUGH VIRGINIA BEACH, VIRGINIA," prepared by the Bureau of Surveys and Mapping, Engineering Division, Department of Public Works, dated May 7, 1982, and revised April 30, 1984. That certain portion of 22nd Street, a 50' right-of-way, between the northern right- of-way line of Route 44, Virginia Beach- Norfolk Toll Road, through the intersection of 23rd Street to the northern boundary lines of Lots 15 and 32, as shown on the above- referenced plat. That certain portion of 23rd Street, a 50' right-of-way, from between the western right-of-way line of Parks Avenue to the eastern right-of-way line of Old Virginia Beach Road as shown on the above-referenced plat. That certain portion of A Street, a 50' right-of-way that may or may not overlap 22nd Street, but otherwise running from between the northern boundaries of Lots 15 and 32 to the northern right-of-way line of 23rd Street as shown on the above-referenced plat. That certain portion of C Street, a 50' right-of-way from between the northeastern boundaries of Lots 35 and 36 to the northern right-of-way line of 23rd Street as shown on the above-referenced plat. The above plat is available for review in the Office of the City Attorney, Municipal Center, Virginia Beach, Virginia. 2. That a certified copy of this Ordinance and attached plat shall be filed in the records books of the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, indexed in the name of the City of Virginia Beach, Virginia. 3. This Ordinance shall become effective sixty (60) days from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 1985. RJN/da 4/9/85 (23) -2- TELEPHONE 486~2480 ~ALLACE B. SMITH A*I-fC)RNEY AT LA~X' P.O. BOX 6124. VIRGINIA BEACI'I. VA 2½4%6 June 14, 1985 CERTIFICATE OF VESTING OF TITLE I, Wallace B. Smith, attorney for the City of Virginia Beach, do hereby certify: 1. I am an attorney at law and represent the City of Virginia Beach. 2. If the property described below is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to'said property will vest in the City of Virginia Beach, the adjacent landowner, in fee simple ownership, The said property referred to herein is hereby described as follows: That certain portion of 22nd Street, a 50' right-of-way, between the northern right-of-way line of Route 44, Virginia Beach-Norfolk Toll Road, through the intersection of 23rd Street to the northern boundry lines of Lots 15 and 32, as shown on that certain plat entitled "SURVEY OF PROPERTY COMMONLY KNOWN AS TOLL ROAD PARK PROPERTY OF THE CITY OF VIRGINIA BEACH, VIRGINIA BEACH BOROUGH, VIRGINIA BEACH, VIRGINIA." That certain portion of 23rd Street, a 50' right-of-way, from between the western right- of-way line of Parks Avenue to the eastern right-of-way line of Old Virginia Beach Road as shown on the above referenced plat. That certain portion of A Street, a 50' right- of-way that may or may not overlap 22nd Street, but otherwise running from between the northern boundries of lots 15 and 32 to the northern right-of-way line of 23rd Street as shown on the above referenced plat. That certain portion of C Street, a 50' right- of-way from between the northeastern boundries of lots 35 and 36 to the northern right-of-way line of 23rd Street as shown on. the above referenced plat. Wallace B. Smith 1985. Subscribed and sworn to before me this~0~4~day of June, commission expires~ ~I[GI~&~ Notary Public Item II-H.2 PLANNING - BY CONSENT - 10- ITEM # 24016 Attorney Grover Wright represented the applicant James M. Capla~, represented Birdneck Village Associates, and spoke in OPPOSITION, concerning the removal of a required condition: "Development of the adjoining property shall be required to setback from the former right-of-way of Chinquapin Trail." Upon motion by Cou~cilman Jennings, seconded by Councilwoman Creech, City Council APPROVED a~ Ordinance closing, vacating and discontinuing a portion of Chinquapin Trail in the petition of ATLANTIC DEVELOPMENT ASSOCIATES. Application of Atlantic Development Associates for the discontinuance, closure and abandonment of a portion of Chinquapin Trail and running in a northerly direction a distance of 218.81 feet. Said parcel is 31.63 feet in width and contains 6,564 square feet. LYNNHAVEN BOROUGH. The followi~g conditions shall be required: 1. Development shall be in accordance with A-2 (Apartment District) Zoning. Resubdivision of the property and vacation of internal lot lines to incorporate the closed area into adjoining parcels, as well as to i~sure that all lots have access to a public street. The closure of this right-of-way shall be contingent upo~ the compliance with the above stated conditions in 180 days of the approval by by City Council. Voting: 10-0 Council Members Voting Aye: Joh~ A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. - 10 a- CITY OF VIRGINIA BEACH, VIRGINIA TO (ORDINANCE OF VACATION ATLANTIC DEVELOPMENT ASSOCIATES AN ORDINANCE VACATING AND DISCONTINUING A PORTION OF CHINQUAPIN TRAIL, IN LYNNHAVEN BOROUGH, IN THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, proper notice of the intended application of the applicant, Atlantic Development Associates, to be presented to the City Council of the City of Virginia Beach, Virginia, on the day of , 1985, for the vacation of the hereinafter described public street in the City of Virginia Beach, Virginia, was on the 20th day of May , 1985, and on the 30th day of May , 1985, duly published twice with six days elapsing between the two publications in a newspaper published or having general circulation in the City of Virginia Beach, Virginia, specifying the time and place of hearing at which affected persons might appear and present their views, in conformity with the manner prescribed by Code of Virginia, Section 15.1-364, for the institution of proceedings for the vacation of a public street; and WHEREAS, said application was made to the City Council of the City of Virginia Beach, Virginia, on the day of , 1985, and in conformity with the manner prescribed by Code of Virginia, Section 15.1-364, for the conduct of such proceedings, the City Council of the City of Virginia Beach, Virginia, on the .%7th day of June , GROVER C. %~RIGHT. ,JR. August 12, 1985 - 10b - 1985, appointed , , and , as viewers to view such street and report in writing whether in their opinion any, and if any, what inconvenience would result from discontinuing the same, and said viewers have made such report to the City Council of the City of Virginia Beach, Virginia; and WHEREAS, from such report and other evidence, and after notice to the land proprietors affected thereby, along the street proposed to be vacated, it is the judgment of the City Council of the City of Virginia Beach, Virginia, that these proceedings have been instituted, conducted and concluded in the manner prescribed by Code of Virginia, Section 15.1-364, that no inconvenience would result from vacating and discontinuing the portion of said street, and that the portion of said street should be vacated and discontinued; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: 1. That the following portion of Chinquapin Trail in the Borough of Lynnhaven, in the City of Virginia Beach, Virginia, be and the same is hereby vacated and discontinued: All that certain piece or parcel of land, situate, lying and being in the City of Virginia Beach, State of Virginia, being that part of Chinquapin Trail marked by diagonal lines and designated "Area of Street Closure = 6,564 Sq. Ft. or 0.15 Ac." as shown on plat entitled "Plat of Closure of a Portion of Chinquapin Trail for Dare Associates, Lynnhaven Brough, Virginia Beach, Virginia", made by Langley and McDonald, dated April 2, 1985. August 12, 1985 - 10c - 2. A certified copy of this ordinance of vacation shall be recorded as deeds are recorded and indexed in the name of the City of Virginia Beach, Virginia, as grantor, and in the name of Atlantic Development Associates, as grantee, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, at the expense of the applicant. Certified to be a true and exact copy of an ordinance adopted by the City Council of the City of Virginia Beach, Virginia, at its regular meeting held on the ... day of . ., 1985. TESTE: RUTH SMITH, CITY CLERK By City Cler~ AuguSt 12, 1985 - lOd - May 10, 1985 CERTIFICATE OF VESTING OF TITLE I, Grover C. Wright, Jr., attorney for Atlantic Development Associates, do hereby certify that: 1. I am an attorney at law and represent Atlantic Development Associates, the petitioner. 2. If the property described below is dis- continued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to s~d property will vest in Atlantic Development Associates. The said property referred to herein is hereby described as follows: Ail that certain piece or parcel of land situate, lying and being in the City of Virginia Beach, State of Virginia, being that part of Chinquapin Trail marked by diagonal lines and designated "Area of Street Closure = 6,564 Sq. Ft. or 0.15 Ac." as shown on plat entitled "Plat of Closure of a Portion of Chinquapin Trail for Dare Associates, Lynnhaven Borough, Virginia Beach, Virginia", made by Langley and McDonald, dated April 2, 1985, which plat is attached to the ordinance of vacation from the City of Virginia Beach, Virginia, to Atlantic Develop- ment Associates and is to be recorded therewith in the Clerk's Office of the Circuit Court of the City of Virginia B~c~, Virgini_~a. , August 12, 1985 - tl- Item II-H.3. PLANNING - BY CONSENT ITEM # 24017 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council APPROVED BY CONSENT an Ordinance upon application of WILLIAM J. JONAK, JR., PRESIDENT, BEGGARS BRIDGE GUNNING CLUB, INC. for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF WILLIAM J. JONAK, JR., PRESIDENT, BEGGARS BRIDGE GUNNING CLUB, INC. FOR A CONDITIONAL USE PERMIT FOR A HUNTING AND FISHING LODGE RO885764 Ordinance upon application of William J. Jonak, Jr., President, Beggars Bridge Gunning Club, Inc., for a Conditional Use Permit for a hunting and fishing lodge on certain property located on the East side of Muddy Creek Road at the eastern extremity of Pleasant Ridge Road. Said parcel contains 14.43 acres. Plats with more detailed information are available in the Department of Planning. PUNGO BOROUGH. The following condition shall be required: Dedication along Muddy Creek Road to provide for an ultimate 66-foot right-of-way in accordance with the Master Street and Highway Plan. The OWNER or LEGAL REPRESENTATIVE for the Owner, has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth day of August, Nineteen Hundred and Eighty-five. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. August 12, 1985 STATEMENT OF CONSENT APPLICANT: APPLICATION: DESCRIPTION OF PROPERTY: CITY COUNCIL SESSION: BEGGARS BRIDGE GUNNING CLUB, INC. CONDITIONAL USE PERMIT - HUNTING LODGE 14.43 ACRES MUDDY CREEK ROAD 12 AUGUST 1985 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGGRES TO: Dedication along Muddy Creek Road to provide for an ultimate 66-foot right-of-way in accordance with the Master Street and Highway Plan. BY: s/Beggars Bridge Gunning Club, Inc. O~er Owner~ / Attorne~ / Agent Date: 12 August 1985 A~Jgost 12, 1985 Item II-H.4. - 12- PLANNING - BY CONSENT ITEM # 24018 Nannette J. Goldberg, the applicant, represented herself Upon motion by Councilman Baum, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of NANNETTE J. GOLDBERG AND KATHERINE P. AND DAVID R. FRIEDEN for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF NANNETTE J. GOLDBERG AND KATHERINE P. AND DAVID R. FRIEDEN FOR A CONDITIONAL USE PERMIT FOR A BOARDING STABLE AND RIDING SCHOOL RO885765 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Nannette J. Goldberg and Katherine P. and David R. Frieden for a Conditional Use Permit for a boarding stable and riding school on certain property located on the south side of Head River Road, 1830 feet more or less east of the Virginia Beach City line. Said parcel is located at 3485 Head River Road and contains 31.73 acres. Plats with more detailed information are available in the Department of Planning. BLACKWATER BOROUGH. A 10-foot dedication along Head River Road, 25 feet from the centerline of the old 30-foot right-of-way to provide for a standard 50-foot right-of-way. Same shall be accomplished by deed for recordin$ at City Expense rather than by survey and plat. Dedication of a 10-foot drainage easement along the western property boundary. Health Department approval of septic system (Health Department will need to know approximate number of students to detemine if additional drainfield is needed.) This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth day of Ausust, Nineteen Hundred and Ei~hty-five. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. August 12, 1985 - 13 - Item II-I.1 PLANNING ITEM # 24019 Bob Thornton, with Harvey Lindsay and Company, represented the applicant Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Henley, City Council ADOPTED an Ordinance upon application of AMURCON CORPORATION OF VIRGINIA for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF AMURCON CORPORATION OF VIRGINIA FOR A CONDITIONAL USE PERMIT FOR A HOME FOR THE ELDERLY R0885766 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Amurcon Corporation of Virginia for a Conditional Use Permit for a home for the elderly on certain property located on the west side of Rosemont Road, 840 feet more or less South of Holland Road. Said parcel contains ~?~ 7.29 acres. KEMPSVILLE BOROUGH. The following conditions shall be required: Installation of an automatic fire alarm and sprinkler system meeting the approval of the City Fire Protection Engineer. Dense vegetated bufferin~ shall be provided for the first floor area of the structure, abutting the B-2 (Community Business District). This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth day of August, Nineteen Hundred and Eighty-five. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. August 12, 1985 Item II-I.2 - 14- PLANNING ITEM # 24020 Billy W. Chaplain, the applicant, represented himself LCDR A1 Petrie, referenced this application lies in the AICUZ area. Upon motion by Councilman Fentress, seconded by Councilman Jennings, City Council ADOPTED an Ordinance upon application of BILLY W. AND WILLIAM E. CHAPLAIN for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF BILLY W. AND WILLIAM E. CHAPLAIN FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-7 TO A-4 Z08851004 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Billy W. and William E. Chaplain for a Change of Zoning DistriCt Classification from R-7 Residential District to A-4 Apartment District on certain property located at the northeast corner of 13th Street and Courtwright Avenue on Lots 35 and 36, Block 116, Lakewood. Said parcel contains 17,444.7 square feet. VIRGINIA BEACH BOROUGH. The following condition shall be required: The applicant voluntarily agrees to furnish a noise disclosure statement to the tenants with their application. Prior to the changing of the official zoning maps, the following condition shall be met: Resubdivision of property to incorporate the area being rezoned into adjacent properties in order to meet the A-4 minimum lot area requirement of 40,000 square feet. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth day of August, Nineteen Hundred and Eighty-five. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech~ Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. August 12, 1985 *Verbal Aye Item II-I.3 PLANNING - 15 - ITEM # 24021 The following represented the applicant: Attorney Edward Russell Architect Michael Ash A1 Abiouness of Abiouness, Cross and Bradshaw Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City Council ADOPTED Ordinances upon application of E. CHRISTOPHER WORRELL for a Change of Zoning and Conditional Use Permits as per the following: ORDINANCE UPON APPLICATION OF E. CHRISTOPHER WORRELL FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM H-2 TO B-5 Z08851005 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of E. Christopher Worrell for a Change of Zoning District Classification from H-2 Resort Hotel District to B-5 Resort Commercial District on Lots 18 and 20, Block 41, Virginia Beach Development Co. Parcel is located at 206-208 20th Street and contains 14,000 squar.e feet. VIRGINIA BEACH BOROUGH. AND, ORDINANCE UPON APPLICATION OF E. CHRISTOPHER WORRELL FOR A CONDITIONAL USE PERMIT FOR AN INCREASE IN DENSITY R0885767 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of E. Christopher Worrell for a Conditional Use Permit for an increase in den- sity from 80 units per acre to 120 units per acre and an increase in height from 75 feet to 100 feet on Lots 11, 13, 15 and 1/2 of Lot 17, Block 41, Virginia Beach Development Co. Said parcel is located at 203 19th Street and contains 29,750 square feet. VIRGINIA BEACH BOROUGH. AND, ORDINANCE UPON APPLICATION OF E. CHRISTOPHER WORRELL FOR A CONDITIONAL USE PERMIT FOR AN INCREASE IN DENSITY RO885768 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of E. Christopher Worrell for a Conditional Use Permit for an increase in density to 120 units per acre and additional height to 100 feet on lots 16, 18 and 20, Block 41, Virginia Beach Development Company. Parcel is located at 206-208 20th Street and contains 21,000 square feet. VIRGINIA BEACH BOROUGH August 12, t985 Item II-I.3 - 16- PLANNING ITEM # 24021 (Continued) The following conditions shall be required: 1. The pm~¢el property occupied by the Jefferson Hotel shall not exceed seventy-five (75) feet in height. Construction shall be in compliance with the site plan dated April 22, 1985 on file in the Department of Pla~ning. These Ordinances shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth day of August, Nineteen Hundred and Eighty-five. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. August 12, 1985 Item II-I.4 - 17- PLANNING ITEM # 24022 The following represented the applicant: Robert W. Carter, Vice President and General Manager of Koger Properties. Attorney Jack Drescher Phillip J. Bruce, Vice President of Development Tom Flynn, Engineer with Wilbur Smith and Associates Eric C. Smith, owner of property at Newtown and Larry, advised he had not received an offer from Kroger for purchase of his property since 1983. Attorney Grover Wright the residents of the FAIR MEADOWS and spoke in OPPOSITION. Upon motion by Councilman Louis Jones, seconded by Councilman Baum, City Council DENIED an Ordinance upon application of KOGER PROPERTIES, for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF KOGER PROPERTIES, INC. FOR A CHANGE OF ZONING FROM 0-1 TO H-1 Ordinance upon application of Koger Properties, Inc. for a Change of Zoning District Classification from O-1 to H-1 on certain property located on the north side of the Virginia Beach Toll Road, 840.01 feet East of Newtown Road. Said parcel contains 4.55 acres. Plats with more detailed information are available in the De- partment of Planning. BAYSIDE BOROUGH. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. Councilman Robert Jones VERBALLY ADVISED : "He was not voting on this APPLICATION. August 12, 1985 Item II-I.5 - 18 - PLANNING ITEM # 24023 Upon motion by Councilman Louis Jones, seconded by Councilwoman Oberndorf, City Council DENIED an Ordiannce uon application of CLIFTON CHALK for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF CLIFTON CHALK FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 TO B-2 Ordinance upon application of Clifton Chalk for a Change of Zoning District Classification from R-6 Residential District to B-2 Community Business District at the northeast corner of Witchduck Road and Aragona Boulevard. Said parcel is located at 700 Aragona Boulevard and contains 8,700 square feet. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones and J. Henry McCoy, Jr., D.D.S. August 12, 1985 Item II-I.6 - 19- PLANNING ITEM # 24024 Tommy Hall, a resident of adjacent property, registered in OPPOSITION, but did not speak. Upon motion by Councilman Fentress, seconded by Councilwoman Oberndorf, City Council DENIED the application of ANDREW MEREDITH for a Variance to Section 4.4(b) of the Subdivision Ordinance. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordi- nance, Subdivision for Andrew Meredith. Property is located at the southeastern extremity of Caspian Avenue. Plats with more detailed information are available in the Department of Planning. VIRGINIA BEACH BOROUGH. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones and J. Henry McCoy, Jr., D.D.S. August 12, 1985 item II-I.7 - 20 - PLANNING ITEM # 24025 Letter from Attorney Glenn R. Croshaw dated July 22, 1985, requesting DEFERRAL of the Resolution to AMEND and REORDAIN the COMPREHENSIVE PLAN dated January 23, 1985, regarding COMMERICAL DEVELOPMENT in the GENERAL BOOTH BOULEVARD AREA. (Said letter is hereby made a part of the record) Upon motion by Vice Mayor McClanan, econded by Councilman Fentresss, City Council DEFERRED until the City Council Meeting of August 26, 1985, a Resolution to AMEND and REORDAIN the COMPREHENSIVE PLAN dated January 23, 1985, regarding COMMERCIAL DEVELOPMENT in the GENERAL BOOTH BOULEVARD AREA. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones and J. Henry McCoy, Jr., D.D.S. August 12, 1985 DEFERRED Cit3," of Be. riel-,_ J. DALE BIMSON CITY ATTORNEY MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9002 (804) 427-4531 June 28, 1985 The Honorable Mayor Members of Council Virginia Beach, Virginia Item II. H. 5 Resolution/Comprehensvie Plan Dear Mr. Mayor and Members of Council: As requested, I enclose a re-write of the resolution that was included in your agenda for July 1, 1985, regarding the General Booth Boulevard area. The only substantive change is in paragraph 3 "with a minimum of ten (10) acres." JDB:er cc: City Manager City Clerk Yours truly bale Bimson DEFERRED DEFERRED A RESOLUTION TO AMEND THE COMPREHENSIVE PLAN DATED JANUARY 23, 1985 REGARDING COMMERCIAL DEVELOPMENT IN THE GENERAL BOOTH BOULEVARD AREA BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Comprehensive Plan, Section entitled "Page 29 Column 3, is hereby "Courthouse-Sandbridge Study Area, , amended to read as follows: As-am-e~eep~em-~e-~he-geme~a~-~e-mem~eme~-a~e~eT As an exception to the ~eneral rule mentioned above, commercial development in the General Booth Boulevard area should follow the followin~ guidelines: 1. In order to prevgnt the commercialization of intersections incapable...of ..handling. additioq~l~traffic congestion, commercial development should be limited to ma~or intersections, considered to be the fourwgy crossing 9f highways four lanes or more wide. 2. In order to prevent stri~ commercialization..~f General Booth Boulevard and promote ~aximu~ roadwa~ efficiency, commercial development sho~l~be limited to the ma~or intersections at Dam Neck Road and at the Ferrell Parkway-London 9ridge Road area, but not in between. 3. In order to .promote coordinated desisn, and minimize the adverse i~acts of commercial development, such development should be sized large enough, with a minimum of ten (10) acres and coordinated with ad.~acent properties to the maximum extent practical and designed so as to provide an internal vehicular circulation pattern for access to individual establishments with a minimu~ .number o~ curb cuts and disruption of traffic flow on General Booth Boulevard. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 1985. JDB/re 6/28/8 5 ( RES .2) -2- - 21 - Item II-J.1/f RESOLUTIONS ITEM # 24026 Upon motion by Vice Mayor McClanan, seconded by Councilman Fentress, City Council DEFERRED the following Resolution approving the issuance of IN- DUSTRIAL DEVELOPMENT REVENUE BONDS by the Virginia Beach Development Authority: READER FARM ASSOCIATES $ 25,000,000 Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, and Meyers E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones and J. Henry McCoy, Jr., D.D.S. Council Members Abstaining: Barbara M. Henley Item II-J.l.h/k/i/m/n/o/p/q. - 22 - RESOLUTIONS ITEM # 24027 Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council ADOPTED Resolutions approving the issuance of INDUSTRIAL DEVELOPMENT REVENUE BONDS by the Virginia Beach Development Authority as per the following: MAXIMUS ASSOCIATES TWO (Housing Bond) BARNETT-RANGE CORPORATION (Housing Bond) INTERSOLUBLE MARKETING LTD. GORDON PAPER COMPANY IMAGES INTERNATIONAL, INC. GULU S A L. M. SANDLER & SONS, IN.C BMRI HARBOR COURT ASSOCIATES (Housing Bond) 1,620,000 2O,OOO,OOO 3,000,000 1,500,000 3,OOO,OOO 1,500,O00 1,025,000 3,85O,OOO Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley~ H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf* Council Members Voting Nay: None Council Members Absent: Robert G. Jones and J. Henry McCoy, Jr., D.D.S. August 12, 1985 *Verbal Aye SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND PROJECT NAME: MAXIMUS ASSOCIATES TWO 2. LOCATION: On the east side of Birdneck~Road, ~outh of L~Skin R~ad'~and north of Highway 44 ~ DESCRIPTION OF PROJECT: Acquisition, renovation and = equipping' of ~' ~6-u~it multi- family residential rental facility 4. AMOUNT OF BOND ISSUE: $1,620,000 5. PRINCIPALS: Barclay C. Winn W. Jon Wilkins ZONING CLASSIFICATION: a. Present zoning classification of the Property b. Is rezoning proposed? c. If so, to what zoning classification? A-2 Yes No X li/5/S3 FISCAL IMPACT STATEMENT DATE: AUGUST 1, 1985 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: MAXIMUS ASSOCIATES TWO FACILITY TYPE OF FACILITY: 96-UNIT MULTI-FAMILY RESIDENTIAL RENTAL FACILITY Maximum amount of financing sought $ ..3, 2_Z,o2oo Estimated taxable value of the facility's real property to be constructed in the municipality Estimated real property tax per year using present tax rates Estimated personal property tax per year using present tax rates $ .....3~000~000 $ 24,000 $__ 1,000__ Estimated merchants' capital (business license) tax per year using present tax rates Estimated dollar value per year of goods and services that will be purchased locally Estimated number of regular employees on year round basis $ .... N/A_____ $ ------15D~ 8. Average annual salary per employee 25,000 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. City of Virginia Beach Development Authority Ch a i'rman ' LI~rTLE PA~ PARK .--:g-?.: DRINKw/~Ti SEAT,~ MILLEF No 12. E F .TaO.OOO ~T 76'°°'°°'Join,~ Map 22 DELAWARE 'WNHOUSES SHADOWLAWN HEIGHTS H j COPYRIGHT 1980*AL£XANDRIA DR4 VA (;RIO 2,740,000 FT I1 PROJECT NAME: MAXIMUS ASSOCIATES TWO PROJECT LOCATION: 900 through 948 MAXIMUS SQUARE - ON THE EAST SIDE OF BIRDNECK ROAD, SOUTH OF LASKIN ROAD AND NORTH OF HIGHWAY 44 PROJECT DESCRIPTION: 96-UNIT MULTI-FAMILY RESIDENTIAL RENTAL FACILITY RESOLUTION APPROVING THE ISSUANCE OF MULTI-FAMILY RENTAL HOUSING REVENUE BONDS FOR MAXIMUS ASSOCIATES TWO FACILITY WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application of Maximus Associates Two, a Virginia general partnership, or any partner- ship or corporation of which Barclay C. Winn and/or W. Jon Wilkins are partners or shareholders (the "Company") for the issuance of the Authority's multi-family rental housing revenue bonds in an amount not to exceed $1,620,000 (the "Bonds") to assist in the financing of the Company's acquisition, renova- tion, and equipping of an approximately 96-unit multi-family residential rental facility, to be located on the east side Birdneck Road, south of Laskin Road and north of Highway 44, in the City of Virginia Beach, Virginia (the "Facility"), and has held a public hearing thereon on August 6, 1985; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City") to approve the acquisition, renovation and equipping of the Facil- ity and the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to §15.1-1378-1 of the Code of Virginia, 1950, as amended, a copy of the Authority's Resolution approving the issuance of the Bonds, subject to terms to be mutually agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia approves the acquisition, renovation and equipping of the Facility and the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of Maximus Associ- ates Two, or any partnership or corporation of which Barclay C. Winn and/or W. Jon Wilkins are partners or shareholders, to the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bonds, as required by Section 103(k) does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. ADOPTED by a majority of a quorum of the Council of the City of Virginia Beach, Virginia on August 12, 1985. SUMMARY SHEET 1. PROJECT NAME: 2. LOCATION: Barnett-Range Corporation, or a partnership or joint venture to be formed of which it will be a principal. Indian River Road near its intersection with Ferrell Parkway DESCRIPTION OF PROJECT: AMOUNT OF BOND ISSUE: Phase II of a 504-unit multi-family residential rental project, consisting of approximately 254 units. $20,000,000 ($10,400,000 already issued) 5. PRINCIPALS: Barnett-Range Corporation, a California corporation o ZONING CLAISSIFICATION: a. Present zoning classification of the Property: b. Is rezoning proposed? PDH No c. If so, to what zoning classification? FISCAL IMPACT STATEMENT OF CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY DATE: TO: August 6, 1985 The City Council of Virginia Beach, Virginia The undersigned Chairman states, in compliance with Section 15.1-1378.2, Code of Virginia of 1950: Name of Applicant: Barnett-Range Corporation, or a partnership or joint venture to be formed of which it will be a principal. Faci 1 i ty: Acquisition, construction and equipping of Phase II of a 504-unit multi-family residential rental housing project, consisting of approxi- mately 254 units. 1. Maximum amount of financing sought: $ 20,000,000.00 Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach: Phase II $ 8,200,000.00 3. Estimated real property tax per year using present tax rates: Phase II $ 65,600.00 4. Estimated personal property tax per year using present tax rates: Phase II $ ],ooo.oo e Estimated business license tax per year using present tax rates: Estimated dollar value per year of goods and services that will be purchased locally (after construction): Estimated number of regular employees on year round basis: 8. Average annual salary per employee $ N/A Phase II $ 75,OOO.OO 7 (Phase II only) $ 12,000.00 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. Bye, CITY OF VIRGINIA BEACH DEVELOPNENT AUTHORITY Chairman B lc F G I 2 ,OD CONTINUED ON PAGE 131 ~ Project Name: Project Address: Type of Project: Barnett-Range Corporation Indian River Road near its intersection with Ferrell Parkway CHESAPEAKE 504 Rental Units ~,~, ATER~,Ay) ~I10N A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the 12th day of August, 1985. On motion by Jennings the fo]lowing Resolution was adopted. and seconded by Fentress RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO BARNETT-RANGE CORPORATION, ET AL WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the "Authority"), has confirmed and amended the application and plan of financing of Barnett-Range Corporation, or a partnership or joint venture to be formed in which it will be a principal (the "Company"), for the issuance of the Authority's industrial development revenue bond or bonds in an amount estimated at $20,000,000.00 (the "Bonds") to assist in the financing of the Company's acquisition, construction, and equipping of Phase II of a 504-unit multi-family residential rental project, containing approximately 254 units (the "Project"), on Indian River Road near its intersection with Ferrell Parkway in the City of Virginia Beach, Virginia (the "City"), and has held a public hearing thereon on August 6, 1985. WHEREAS, this Council adopted a resolution on June 4, 1984 inviting and encouraging the Newport News Redevelopment and Housing Authority to exercise its powers within the City and to issue its bonds in furtherance thereof, a true copy of such resolution being attached hereto as Exhibit A and made a part hereof; and WHEREAS, on August 13, 1984, this Council approved the issuance of bonds by the Newport News Redevelopment and Housing Authority for Barnett-Range Corporation in an amount not to exceed $19,000,000, a true copy of which Resolution is attached hereto as Exhibit B and made a part hereof; and WHEREAS, on January 24, 1985, the Newport News Redevelopment and Housing Authority issued its bonds in the amount of $10,400,000 for the first phase of the Project and the Company has indicated to the Authority and this Council its desire to consummate the financing for the second phase of the Project through the Authority; and WHEREAS, the Company has indicated to the Authority and now represents to this Council that the expenses of issuance of the bonds and acquiring, constructing and equipping the Project have exceeded prior estimates and that in order to complete the financing as now contemplated, it will be necessary for the Authority to issue bonds, when aggregated with those previously issued, in an amount now estimated at $20,000,000; and WHEREAS, the Authority has requested the City Council (the "Council") of the City, to approve the issuance of the Bonds in the increased amount 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 public hearing has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council approves the plan of financing, including the issuance of the Bonds by the Authority, for the benefit of the Company, to the extent required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Project. 2. The approval of plan of financing and the issuance of the Bonds, as required by Section 103(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Company, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the -2- 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 August 12, 1985. WLN.RESO.BARNETT.7/10/85 - 3 - 4~25/84 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Intersoluble Marketinq, L~d.. Facility 2. LOCATION: 2800 Crusader Circle, Oceana West Industrial Park 3. DESCRIPTION OF PROJECT: Manufac%uring, warehousing and distribu- tion of candy, coffee and hardwood prod% 4. AMOUNT OF BOND ISSUE: 5. PRINCIPALS: $3,000,000.00 Glenn D. Collard Neide Collard ZONING CLASSIFICATION: a. Present zoning classification of the Property b. Is rezoning proposed? c. If so, to what zoning classification? I-2 Yes No X FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: TYPE OF FACILITY: Maximum amount of financing sought Estimated taxable value of the facility's real property to be constructed in the municipality $ 3,000,000.00 $ 2,500,000.00 3. Estimated real property tax per year using present tax rates $ 20,000.00 * 4. Estimated personal property tax per year using present tax rates $ 7,500.00 * 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 9,500.00 * 6. Estimated dollar value per year of goods and services that will be purchased locally $ 700,000.00 * 7. Estimated number of regular employees on year round basis $ 17 to 30 8. Average annual salary per employee $ 14,000.00 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. City of Virginia Beach Development Authority Chairman * Figures are anticipated increases from current levels Economic Impact Statement Amount of investment Amount of industrial revenue bond financing sought Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach Estimated real property tax per year using present tax rate Estimated personal property tax $ Economic impact statement demonstrating the overall return to the city: 17 to A. Number of new Jobs .30 .. possible $238,000.00 to B. ?ayrol~ generated ~20~000.00 Ay. Wage '$1g,00~.00 C. Number of Jobs retained .17 D. Payroll retained $ 238,000.00 Av. Wage $ lg,000.00 E. Estimate of the value of-goods and Services purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional mervices, insu=ance, motor vehicles, etc.): Type Value $3,000,000. O0 $~-, 000,000. O0 .$2,500,000.00 $ 2D,D_0.0.00 7.,500.00 Professional S'ervic~s $.5 - 10,000.00 Insurance Raw Materials Packing Material $ 20,000.00 $ 300,000.00 * Maintenance Transportation Svs. $ 200','000.00 * $'15 - 20,000.00 $300,000.00 * *Subject to local company/brokerage/ageht being able to provide low bids. TOTAL $700,000.00 (estimate) Estimated building permit fee and other municipal fees Estimated construction payroll Estimated value of construction material $ 2,370.00 ~nknown, estimat, one-halt o~ buil~ ing cost or 1.2 ~illion to be purchased within the City' of Virginia Beach Estimated number of construction jobs- unknown $ unknown, estima~ one-nal~ o~'bui ing cost or 1.3 '- million Any other items which the applicant feels the Authority should be made aware of in evaluating the project Estimated Merchants Capital Tax $9,500.00 10. Is the site currently zoned for the specific use being proposed for industrial revenue bond financing? Yes X Zoned ~0 Has a bond purchase agreement/qommitment been accepted by the applicant? (attach a copy) Yes No X (letter of interest attached) Will the bond financing close within 90 days from the date of adoption of the inducement resolution? No Location of project (attach location map) Yes X (if required - d, initely within days of final r, solution) West si~ Crusmdmr Circle, Oceana West Industrial Park 11. Explanation of alternative financing that has been reviewed for project Conventional Financinq I hereby certify that the information stated in the above Economic Impact Statement is accurate and true in all respects. 1985. My Commission Expires: Subscribed and sworn to befdre me this3O day of July, j;c .... ; DUSTRIAL :. · ,/// ' PROJECT LOCATION ..-5..:' f PROJECT NAME: PROJECT ADDRESS: TYPE OF PROJECT: Intersoluble Marketing, Ltd. West side Crusader Circle Virginia Beach, Virginia Manufacturing/Distribution RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR INTERSOLUBLE MARKETING, LTD. WHEREAS, the City of Virginia Beach Development Authority (the Authority) has considered the application and plan of financing of INTERSOLUBLE MARKETING, LTD. (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount estimated at and not to exceed Three Million ($3,000,000.00) Dollars (the Bonds) to assist in the financing of the Company's acquisition, construction, and equipping of a manufacturing, warehousing and distribution facility (the Facility) to be located at 2800 Crusader Circle, Oceana West Industrial Park, in the City of Virginia Beach, Virginia, and has held a public hearing thereon on August 6, 1985; and WHEREAS, the Authority has requested the Ciy coUncil (the Council) of Virginia Beach, Virginia (the City), to approve the plan of financing and issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to ~15.1-1378.1, Code of Virginia, 1950, as amended, a copy of the Authority's resolution approving the plan of financing, subject to terms to be agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the plan of financing and issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of Intersoluble Marketing, Ltd., to the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bonds, as required by Section 103(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds, shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident.thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the majority of a quorum of the Council of the City of Virginia Beach, Virginia, on August 12, , 1985. 4/2,5/84 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND PROJECT NAME: 2. LOCATION: 3. DESCRIPTION OF PROJECT: 1985 Industrial Development Revenue Bond - Gordon Paper Company, Incorporated _ 1361 Diamond Springs Road _ Virginia Beach, Virginia Paper Converting $1,500,000.00 Gordon Paper Company, Incorporated: Tavia F. Gordon, President Daniel Gordon, Secretary 4. AMOUNT OF BOND ISSUE: 5. PRINCIPALS: 6. ZONING CLASSIFICATION: ae Present zoning classification of the Property b. Is rezoning proposed? If so, to what zoning classification? I-1 Yes N/A No x DATE: FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING JULY 8, 1985 TO: PROJECT NAME: TYPE OF FACILITY: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA 1985 INDUSTRIAL REVENUE DEVELOPMENT BOND - GORDON PAPER COMPANY, INCORPORATED PAPER CONVERTING Maximum amount of financing sought Estimated taxable value of the facility's real property to be constructed in the municipality Estimated real property tax per year using present tax rates Estimated personal property tax per year using present tax rates Estimated merchants' capital (business license) tax per year using present .tax rates Estimated dollar value per year of'goods and services that will be purchased locally Estimated number of regular employees on year round basis $ 1,500,000.00 $ 1,650,000.00 $ 20,000. oo $ 5,000. oo $ .00 $ 5,000,000.00 300,000.00 $(25 additional employees) 8. Average annual salary per employee $ 12,000.00 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. City of Virginia Beach Development Authority Economic Impact Statement Amount of investment ~ount of industrial revenue bond financin& sought Estimated taxable value of the £acllity'a rea! property to be constructed in the City of Virginia Beach Estimated real property tax per year using present tax rate Estimated personal property tax Economic impact statement demonstrating the overall return to the city: A. Number of new Jobs 25 .~ possible B. Payroll generated $~00,OOO.O0 Ay. Wage $1'2,000.00 C. Number of Jobs retained 100 D. Payroll retained $i,750,000.O0 Av. Wage $ 17,000.00 E. Estimate of the value of goods and services purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type Value General Supplies 3,000,000.00 Machinery $, 300,000.00 Professional Services Insurance Moto~ Vehicles Ut [[],~le~s, Material, Over- $. 50,000.00 $ 60,000.00 $ 150,000.00 600,000. O0 $ 3tOOO~O00.OO 1,500,000.00 $-1,650,000.00 $ _2_o~ 900. o0 $ 5,000.00 TOTAL 10. Estimated buildin8 permit fee and other municipal fees $. 7,500.~0 Estimated construction payroll $, 500~000.00 EstimaCed value of construction ~aCerial to be purchased vithin the City of Virginia Beach $ 500,000.00 Estimated number of construction jobs 30 ._ Any other items which the applicant feels the Authority should be made avare of in evaluating the project Perm~ the continued op~r~tian aha expansion of an existin~ fac±lity Is the site currently zoned for the specific use beinA proposed for industrial revenue bond financin~? Yes x No Has a bond purchase sgreement/com~itmen~ been accepted by Zoned I-1 the applicant? (attach a copy) Yes ~ No Have a tentative commitment from United Virginia Bank, which will be accepte~. Will the bond financing close within 90 days from the date of adoption of the inducement resolution? Yes x No Location of project (attach location cap) 1361 Diamond Springs Road, Virginia Beach, Virginia 11. Explanation of alternative financing that hag been reviewed for project H/a ! hereby certify that the Information stated in the foregoing Economics Impact Statement is accurate and true in all respects. GORDON PAPER COMPANY, INCORPORATED Daniel Gordon Subscribed and sworn to before me this day of by Daniel Gordon, principal of GORDON PAPER COMPANY, INCORPORATED. , 1985, My commission expires: Notary Public 23521 HORE 235£ PROJECT NAM_E: PROJECT ADDRESS: TYPE OF PROJECT: 1985 INDUSTRIAL REVENUE DEVELOPMENT BOND - GORDON PAPER COMPANY, INCORPORATED DIAMOND SPRINGS ROAD, VIRGINIA BEACH, VA 23455 FACTORY, WAREHOUSE, AND DISTRIBUTION CENTER 4/9/85 RESOLUTION APPROVING THE [PLAN OF FINANCING OF] [ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR] GORDON PAPER COMPANY~ INCORPORATED WHEREAS, the City of Virginia Beach Development Authority (the Authority) has considered the application [and plan of financing] of _ GORDON PAPER COMPANY, INCORPORATED (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount [estimated at] [not to exceed] $ 1,500,000.00 (the Bonds) to assist in the financing of the Company's acquisition, construction, and equipping of a paper converting -~ facility (the Facility) to be located at _ 1361 Diamond Sorlnqs Road, in the City of Virginia Beach, Virginia, and has held a public hearing thereon on _ August 6 _, 1985 ______; and WHEREAS, the Authority has requested the City Council (the Council) of Virginia Beach, Virginia (the City), to approve the [plan of financing] [issuance of the Bonds] to comply with Section ~03(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to $15.~1-1378.1, Code of Virginia, 1950, as amended, a copy of the Authority,s resolution approving the [plan of financing] [issuance of the Bonds], subject to terms to be agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the [plan of financing] [issuance of the Bonds] by the City of Virginia Beach Development Authority for the benefit of GORDON PAPER COMPANY, INCORPORATED , tO the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the [plan of financing] [issuance of the Bonds], as required by Section 103(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs i~cident thereto except from the revenues and moneys Pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be Pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by a majority of a guorum of the Council of the City of Virginia Beach, Virginia, on august l2, 1985 , 1985. CMS/CJ/da 3/9/83, 9/6/83, 11/2/83 4/9/85 ' (X.l) 11/10/83, 4/25/84 -2- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND PROJECT NAME: 2. LOCATION: DESCRIPTION OF PROJECT: 4. AMOUNT OF BOND ISSUE: 5. PRINCIPALS: ZONING CLASSIFICATION: a® Present zoning classification of the Property b. Is rezoning proposed? Ce If so, to what zoning classification? __IMAGES INTERNATIONAL 113 SO~H FIRST COLONIAL RD. VIRGINIA BEACH, VIRGINIA COMPUTER GRAPHICS A/~D ANIMATION EQU!.PMENT $3~000~000 C.G. ERB LARRY MOORE DANNA E. DENTON GARRY KITT WITNEY GILKEY I-1 Yes No X N/A ECONOMIC IMPACT STATEMENT Amount of investment Amount of industrial revenue bond financing sought Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach Estimated real property tax per year using present tax rate Estimated personal property tax Economic impact statement demonstrating the overall return to the city: $ N/A .... $ N/A $ 45L000. A. Number of new jobs 30 possible Payroll generated $ 1,050,000 Ay. Wage Number of jobs retained .... D. Payroll retained $ N/A Ay. Wage $ Estimate of the value of 9oods and services purchased within the geographic boundary of Virginia Beach by type (fnventory, machinery, professional services, insurance, motor vehicles, etc.): Type Value V. id_e__o_ __t_a_ p_e s of fi¢~ _auDplias insuranue $ ....... ~0 ,.9 9_o__ $ 45;-000 ~__ lO,OOO. $ 3.0, OD_O_ TOTAL $ ..... 14_5,000 Fe Estimated building permit fee and other mun~cfpal fees $ N/A G. Estimated construction payroll $ N/A FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: TO: JULY 26, 1985 THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: IMAGES INTERNATIONAL TYPE OF FACILITY: COMPUTER GRAPHICS AND ANIMATION EQUIPMENT Maximum amount of financing sought Estimated taxable value of the facility's real property to be constructed in the municipality Estimated real property tax per year using present tax rates Estimated personal property tax per year using present tax rates Estimated merchants' capital (business license) tax per year using present tax rates Estimated dollar value per year of goods and services that will be purchased locally Estimated number of regular employees on year round basis $ 3,000,000 $ N/A $ N/A $ 45,000 $ Unknown $ 145,000 $ 30 8. Average annual salary per employee $ 35:00Q The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. City of Virginia Beach Development Authority ]1. Estimated value of construction material to be purchased within the City of Virginia Virginia Beach Estimated number of construction jobs N/A Any other items which the applicant feels the Authority should be made aware of in evaluating the project This project will provide new__ "hiqh tech" industry not presently available in the State of Va. Is the site currently zoned for the specific use being proposed for industrial revenue bond financing? Yes X No____ Has a bond purchase agreement/commitment been accepted by the applicant? (attach a copy) Yes No X Will the bond financing close within 90 days from the date of adoption of the the ~n~ucement resolution? Yes X No Location of project (attach location map) 113 South First Colonial -R(~a~T,--~i~nia--Be~.~ VA Explanation of alternative financing that has been reviewed for project None I hereby certify that the information stated in the above Economic Impact Statement is accurate and true in all respects. 1985. (Applicant-) r Subscribed and sworn to before me this '~ ,. day Notary Public My Commission Expires:~__~--]~~ USA SEASHORESTATE NAME OF PROJECT: TYPE OF PROJECT: PROJECT LOCATION: Images International, Inc. Computer Graphics and Animation Equipment 113 South First Colonial Road RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR IMAGES INTERNATIONAL, INC. WHEREAS, the City of virginia Beach Development Authority. (the Authority) has considered the application Images International Inc., ~(the Company) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $3,000,000.00 (the Bonds) to assist in the financing of the Company's acquisition, construction, and equipping of a computer graphic and animation facility (the Facility) to be located at 113 South First Colonial Road, in the City of Virginia Beach, Virginia, and has held a public hearing thereon on August 6, 1985; and WHEREAS, the Authority has requested the City Council (the Council) of Virginia Beach, Virginia (the City), to approvm~t~e issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to §15.1-1378.1, Code of Virginia, 1950, as amended, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bonds by the City of Virginia Bech Development Authority for the benefit of Images International, Inc., to the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bonds, as required by Section 103(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and monies pledged therefor', and neither the faith nor credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. This Resolution shall take effect immediately upon its e adoption. City of Virginia Beach, Virginia, on Adopted by a majority of a quorum of the Council of the August 12, 1985 08053/gmd/COM SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND PROJECT NAME: GUL USA~ INC. 2. LOCATION: ~ARCEL 68, Seahawk circle virginia Beach, Va 3. DESCRIPTION OF PROJECT: MANUFACTURING, WAREHQUE~AND DISTRIBUTION FACILITY 4. AMOUNT OF BOND ISSUE: $1,200,000 HAWTIN PLC OF UNITED KINGDOM 5. PRINCIPALS: ZONING CLASSIFICATION: a. Present zoning classification of the Property b. Is rezoning proposed? c. If so, to what zoning classification? _ I-] Ye s No ____X FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING ' DATE: TO: AUGUST 1, 1985 THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: gul usa, inc. TYPE OF FACILITY: MANUFACTURE, WAREHOUSE AND DISTRIBUTION OF WETSUITS Maximum amount of financing sought Estimated taxable value of the facility's real property to be constructed in the municipality $ 1,200,000 $ 1,100,000 e Estimated real property tax per year using present tax rates $ 8,800 Estimated personal property tax per year using present tax rates $ 2,100 e Estimated merchants' capital (business license) tax per year using present tax rates Estimated dollar value per year of goods and services that will be purchased locally Estimated number of regular employees on year round basis $ unknown $ 840,000 $ 20 8. Average annual salary per employee $ . . 15,500 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. City of Virginia Beach Development Authority ECONOMIC IMPACT STATEMENT 0 0 Amount of investment Amount of industrial revenue bond financing sought Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach Estimated real property tax per year using present tax rate Estimated personal property tax Economic impact statement demonstrating the overall return to the city: $ ]: 2NN;~00 $ ~RNN $ ~.lnn A. Number of new jobs 20 possible B. Payroll generated $ 310,000 Ay. Wage $ 15,500 C. Number of jobs retained N/A D. Payroll retained $ N/A Ay. Wage $ Estimate of the value of goods and services purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type Value Forklifts At]tomohil~ office and warehouse equipment Pzofession~l sezvi~s $ 35z000 $ I 5:NNN $ ON NNN TOTAL Estimated building permit fee and other municipal fees $ 2,008_00 G. Estimated construction payroll $ 300,000 Estimated value of construction material to be purchased within the City of Virginia Virginia Beach $ 780,000 Estimated number of construction jobs 70 Any other items which the applicant feels the Authority should be made aware of in evaluating the project ~h~ prnj~ wi]] ~r~ ~ new industry in Va. Beach and will be the National headquarters of the 10. company. Is the site currently zoned for the specific use being proposed for industrial revenue bond financing? Yes__x_- No__ Has a bond purchase agreement/commitment been accepted by the applicant? (attach a copy) Yes No X Will the bond financing close within 90 days from the date of adoption of the the inducement resolution? Yes X No Location of project (attach location map) Parcel 68. Seahawk Circle 11. Explanation of alternative financing that has been reviewed for project None I hereby certify that the information stated in the above Economic Impact Statement is accurate and true in all respects. (Applicant) Subscribed and sworn to before me this -~ day of Ob. un~ , 1985. ~-- Notary Public My Commission Expires:~ 9 A, RAGONA CHESAPEAKE BEACH BAYVILLE FARMS ': THOR, OOGH :,";:~..GOOD_-. .-:--- WITCH DUCK.:. **SHORES ~ . · / BIRCHWOOD BAY GREEN EMPSVILLE > L AREAS iITIOIIS DEUELOPMEIIT lEACH 't- GREE .N \ VILLAGE / / / / / ~,,,-'~, ~A~B DP PROJECt: GUL U S A REDWI CORNER NIMMO TYPE OF PROJECT: Manufacturing, Warehouse, and Distribution Facility PROJECT LOCATION: Parcel 68, OWIP - Seahawk Circle RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR GUL USA, Inc. WHEREAS, the City of Virginia Beach Development Authority (the Authority) has considered the application of GUL USA, Inc., (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $1,500,000.00 (the Bonds) to assist in the financing of the Company's acquisition, construction, and equipping of a manufacturing, warehouse and distribution facility (the Facility) to be located at Parcel 68, Seahawk Circle, in the City of Virginia Beach, Virginia, and has held a public hearing thereon on August 6, 1985, and WHEREAS, the Authority has requested the City Council (the Council) of Virginia Beach, Virginia (the City), to approve~t~e issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to §15.1-1378.1, Code of Virginia, 1950, as amended, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of GUL USA, Inc., to the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bonds, as required by Section 103(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, t'he Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the reVenues and monies pledged therefor, and neither the faith nor credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by a majority of a quorum of the Council of the City of Virginia Beach, Virginia, on ~Jgust 12, , 1985. 08053/gmd/COM SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND PROJECT NAME: 2. LOCATION: 3. DESCRIPTION OF PROJECT: 4. AMOUNT OF BOND ISSUE: 5. PRINCIPALS: ZONING CLASSIFICATION: a. Present zoning classification of the Property Is rezoning proposed? If so, to what zoning classification? be Yes L.M. SANDLER AND SONS, INC. 1224 DIAMOND SPRINGS ROAD, VIRGINIA BEACH, VA. Warehouse, Garage and Parking facility expansion $1,025,000 Equity Owners' Mr. Sam Sandler Mrs. S. Bigel Mr. Art Sandler Mr. Steve Sandler I-1 No x NoAo FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: L.M. SANDLER & SONS, INC. TYPE OF FACILITY: WAREHOUSE EXPANSION AND ASSOCIATED PRKING LOT 1. Maximum amount of financing sought $ 1,025,000 Estimated taxable value of the facility's real property to be constructed in the municipality 855,000 Estimated real property tax per year using present tax rates $ 7,350 Estimated personal property 'tax per year using present tax rates $ 6,000 Estimated merchants' capital (business license) tax per year using present tax rates Estimated doilar value per year of-goods and services that will be purchased locally $ 60,000 $ 1,150,000 Estimated number of regular employees on year round basis 50 8. Average annual salary per employee $ 11,000 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. City of Virginia Beach Development Authority CE~-~ rman v L.M. SANDLER AND SONS, INC REVENUE BOND FINANCING APPLICATION Economic Impact Statement 6/14/85 Amount of investment Amount of industrial revenue bond financing sought Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach Estimated real property tax per year using present tax rate Estimated personal property tax Economic impact statement demonstrating the overall return to the.city: $1,025,000 $1,025,000 855,000 7,350 $ 6,000 A. Number of new ~obs 50 B. Payroll generated $550,00Q. Ay. Wage C. Number of jobs retained 350 D'. Payroll retained $5.5 millio6V. Wage $15,000 + E. Estimate of the value of goods and services purchased- within the geographic boundary of Virginia Beach by type (inventory, machinery,' professional services, insurance, motor vehicles, etc.): Type Vehicles (Accounting Services and Leqal) Value $ 800,000./ year $ 100,000 / year Goods and small equipmerft 250,000 / year $ TOTAL $ 1,150.000 / year 10. F. Estimated building permit fee and other municipal fees STo be determined G. Estimated construction payroll $ 150,000 H. Estimated value of construction material to be purchased 'within the City of Virginia Beach I. Estimated number of construction jobs J. Any other items which the applicant feels the Authority should be made aware of in evaluating the pKoj~ct See Addendum A attached $ To be determined To be determined Is the site currently zoned for the specific use being proposed for industrial revenue bond financing? Yes x No Has a bond purchase agreement/commitment been accepted by the applicant? (attach a copy) Yes No x Will the bond financing close within 90 days from the date of adoption of. the inducement resolution? Yes x No Location of project (attach location map) Continguous w~th the existing Sandler Foods,facility Explanation of alternative financing that has been reviewed for project Conventional financinq 'does not allow the firm to expand its facilities in this competitive industry which has traditionally operated with a net profit margin of approximately 1% of sales. ereby certify that the information stated in the above Economic Impact Statement is accurate and~ue in all respects. NS, INC. ~(.~/p~/cant) Executive Vice President Subscribed and sworn to before me this /~T__~ day of ~--~.~__ , I98~. ~'-------- ~ otary Public My Commission Expires:~///~/Z~>! /~ ! ,, LCd) 'B I ¸'D PROJECT NAME: PROJECT ADDRESs: TYPE PROJECT: L.M. SANDLER AND SONS, INC. 1224 DIAMOND SPRINGS ROAD VIRGINIA BEACH, VA. WAREHOUSE, GARAGE AND PARKING ADDITION RESOLUTION APPROVIN~ THE PLAN OF FINANCING L.M. SANDLER!AND SONS, INC. WHEREAS, the City of Virginia Eeach Development Authority (the Authority) has considered the application and plan of financing of Sandler & Sons, Inc., (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount estimated at $1,025,000.00 (the Bonds)' to assist in the financing of the Company's acquisition, construction, and equip~.ing of a warehouse, garage and parking expansion facility (the Facility) to be located at 1224 Diamond Springs Road, in the City of Virginia. Beach, Virginia, and has held a public '~earin~ thereon on August 6, 1985 · and W}'EREAS, the Authority has requested the City Council (the Council) of Virginia Beach, Virginia (the Cit}'), to approve the plan of financing to comply with Section 103(k) of th~ Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to Title 15.'-1378.1, Code of Virginia, 1950, as amended, a copy ~f the Authority's r~solution approving the plan of financing, subject to terms to be a~l'eed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: i. The Council of the City oi~ Virginia Beach, Virginia approves the plan of financing by the City of Virginia Beach Development Authority for the benefit of L.M. Sandler and .,~'ons, Inc., to the extent of and as required by S~ction 103(k) of the I~t,ernal Revenue Code, to permit the Author~ to assist in the fi~ancin? of the Facility. 2. The approval of the plan of financing as required by Section 103(k), does not constitute an endorsement of the Bonds or the credit worthiness of the Company, but, pursuant to Chapter 633, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest there~n er other cc~t$ incident thereto except from the revenues and moneys pl,.dyed therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by a majority of a quorum of the Council of the City of Virginia Beach, Virginia, on August 12, 1985 1985. SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND PROJECT NAME: 2. LOCATION: Harbor Court Apartments, for BMRI Harbor Court Associates, a Virginia limited partnership tn tofmation 5600 Elizabeth Court (near .southeast '~n~'erse~'tio6 ot"D~a'mo'nd Sp~ings road and Shore Drive 3. DESCRIPTION OF PROJECT: Acquire and renov~t.e !58 unit,apartment project 4. AMOUNT OF BOND ISSUE: $3,850,000..00 ...... , .. 5. PRINCIPALS: To be s.vndicated with Berlin-Mil~-Rinh~ls ~nc_., as qeneral Dartnen .. ZONING CLASSIFICATION: a. Present zoning classification of the Property b. Is rezoning proposed? c. If so, to what zoning classification? Ye s No 11/5/83 FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: August 6, 1985 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: TYPE OF FACILITY: BMRI Harbor Court Associates 138 unit apartment project at 5600 Elizabeth Court (S. E. corner of Diamond Springs Road and Shore Drive) Maximum amount of financing sought Estimated taxable value of the facility's real property to be constructed in the municipality $ 3. ~850,000.00 Estimated real property tax per year using present tax rates $ 4~385~000.00 4. Estimated personal property tax per year using present tax rates 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 35~080.00 e $ 1,000. O0 Estimated dollar value per year of goods and services that will be purchased locally $ . ,3N:NNN-NN 7. Estimated number of regular employees on year round basis $ 4 8. Average annual salary per employee $ _15.,00Q.00 _ The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. City of Virginia Beach Development Authority £S ©M~MZXxxv. ADC OGA t'C', JASPER CT Museum Harb, ]efense Uni! BMRI HARBOR COURT ASSOCIATES 5600 Elizabeth Court Virginia Beach, Virginia Acquire, renovate and equip 138 unit apartment project A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the 12th day of August, 1985. C~oncilman ~ooncilman On motion by oennlngs a.d seconded by ~entress , the following Resolution was adopted. RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF HOUSING REVENUE BOND TO BMRI HARBOR COURT ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the "Authority"), has considered the application and plan of financing of BMRI Harbor Court Associates, a Virginia limited partnership in formation (the "Company"), for the issuance of the Authority's housing revenue bonds in an amount estimated at $3,850,000.00 (the "Bonds") to assist in the financing of the Company's acquisition, renovation, and equipping of a 138 unit apartment project known as Harbor Inn and Elizabeth Court Apartments (the "Project") located near the southeastern intersection of Diamond Springs Road and Shore Drive, in the City of Virginia Beach, Virginia (the "City"), and has held a public hearing thereon on August 6, 1985. WHEREAS, the Authority has requested the City Council (the "Council" of 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 public hearing has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: · 1. The Council approves the plan of financing, including the issuance of the Bonds by the Authority, for the benefit of BMRI Harbor Court Associates, to the extent required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Project. 2. The approval of plan of financing and the issuance of the Bonds, as required by Section 103(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Company, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on August 12, 1985. HDE.RES.BMRI.8/1/85 - 2 - Item iI-1./c - 23 - RESOLUTIONS ITEM # 24028 Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council DEFERRED the following Resolution approving the issuance of INDUSTRIAL DEVELOPMENT REVENUE BONDS by the Virginia Beach Development Authority until the CONDITIONAL USE PERMIT application has been considered. NORTHMALL HOTEL ASSOCIATES $ 10,000,000 Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. August 12, 1985 Item II-J.1/a/b/d/e/~/i/j/r - 24 - RESOLUTIONS ITEM # 24029 Upon motion by Concilman Baum, seconded by Councilman Fentress, City Council ADOPTED Resolutions approving the issuance of INDUSTRIAL DEVELOPMENT REVENUE BONDS by the Virginia Beach Development Authority as per the following: ELECTRONIC SYSTEMS, INC. PEMBROKE PLAZA ASSOCIATES ARAGONA VILLAGE SHOPPING CENTER RBM ASSOCIATES LIGHTHOUSE HOTEL ASSOCIATES EDWARD FISCHER & FRANK GUTHRIE BASGIER PROPERTIES DR. ROBERT.W. WADDELL (REISSUE) 9,000,000 2,250,000 1,540,000 1,000,000 10,000,000 1,280,000 6,OOO,OOO $ * -2-,~00~)OO- AMENDED: to $1,989,228.65 Voting: 9-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech,Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: H. Jack Jennings, Jr. Council Members Absent: J. Henry McCoy, Jr., D.D.S. August 12, 1985 l:~v.i se4 3.1/1183 FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: July 8, 1985 TO THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA APPL]C~IJCT{ Electronic Systems, Inc. FACILXTY~ Southport Business Park Expressway Drive and South Blvd. Virginia Beach, VA; Lot A 1. Maximum amount of financing sought $ .~OOJO00.OO Estimated taxable value of the facility's real property to be constructed in the municipality $ 95Q,000.00 SO Estimated real property tax per year using present tax rates $ .... 7 , 600. O0 __.__.__ Estimated personal property tax per year using present tax rates $ 1,¢00.00_ Estimated merchants' capital (business license) tax per year using present tax rates $ 5,500:_0_0 Estimated dollar value per year of goods and services that will be purchased locally (gross sales) ~,000,000.00 0 EStimated number of regular employees on year round basis $ 35 8. Average annual salary per employee $ 24 nnn nn The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with rep. ct thereto· City of Virginia Beach Development Authority By RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR ELECTRONIC SYSTEMS, INC. WHEREAS, the City of Virginia Beach Development Authority (the Authority) has considered the application of Electronic Systems, Inc., a Virginia Corporation (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $900,000.00 (the Bonds) to assist in the financing of the Company's acquisition, construction, and equipping of an office and warehouse facility (the Facility) to be located in Southport Business Park, Expressway Drive, in the City of Virginia Beach, Virginia, and has held a public hearing thereon on August 13, 1984; and WHEREAS, the Authority has requested the City Council (the Council) of Virginia Beach, Virginia (the City), to approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, 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; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the bonds by the City of Virginia Beach Development Authority for the benefit of Electronic Systems, Inc., to the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bonds, as required by Section 103(k) does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the tax power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or conse- quential, resulting from (1) the Authority's failure to issue bonds for the Project for any reason, including but not limited to any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted; or (2) the Authority's failure for any reason after the issuance of bonds for the Project to allocate a portion of its allowable industrial development bond volume to the Project if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. 4. This Resolution shall take effect immediately upon its adoption. Adopted by a majority of a quorum of the Council of the City of Virginia Beach, Virginia on August 12, 1985 1985 -2- ~4de *~AW Pembroke Mall Mt Ti GARDENS F-AT ON CT 'OUNDERDALIF CT .~AMBO¥ CT 4ASHFORO CT 5 CLAIRMONT CT M~ kspur Ctr , NAME OF PROJECT: PROJECT LOCATION: TYPE OF PROJECT: Elect£onics Systems, Inc. Southport Business Park - Expressway Drive & South Blvd. Office/Warehouse 'CAHP£N'".'{~, % ",' SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: Electronic Systems, Inc. Southport Business Park IRB Project Location: Southport Business Park Expressway Drive and South Blvd. Virginia Beach, Virginia Description of Project: The construction and equipping of an office and warehouse facility to be occupied by Electronic Systems, Inc. Amount of Bond(s): $ 90~,000.00 Principals: Electronic Systems, Inc. ZONINq CLASSIFICATION: -~resen~ Zoning Classification of the Property I-1 Is Rezoning Proposed No o Exhibit H Economic Impact Statement Amount of investment Amount of industrial revenue bond financing sought Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach Estimated real property tax per year using present tax rate Estimated personal property tax Economic impact statement demonstrating the overall return to the city: B. C. D. E. $ 900,000.00 $ 800,000.00 $ .900,000.00 $ 7-.-200. O0 Number of new Jobs 10 Full time,. 40 during construction Payroll generated $240,000.0Q Ay. Wage $.~ (full time only) Number of Jobs retained 25 Payroll retained $~40;000.00 Ay. Wage $2~ Estimate of the value of goods and services purchased within the geographic boundary of Virginia Beach by .. type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type Value Services, Insurance, Business Expenses $' l,ROn;O00_O0 (6/1~p5-5/31/86) TOTAL $1~ 800,000.0J~ ¢ F. Estimated building permit fee and other municipal fees $ Unknown G. Estimated construction payroll $ Unknown H. Estimated value of construction material to be purchased within the City of Virginia Beach $ Unknown I. Estimated number of construction jobs 40 J. Any other ~tems which the applicant feels the Authority should be made aware of in evaluating the projectThe City of Virqinia Beach has recently conducted a survey whic~ reflects the need for service oriented businesses. Electronic ~ystems, Inc., by relocating to Virginia Beach from Norfolk would certainly meet a portion of that need. 7. Is the site Currently zoned for the specific use being Zoned proposed for industrial revenue bond financing? Yes x No 8. Has a bond purchase agreement/commitment been accepted by the applicant? (attach a copy) Yes ... No x 9. Will the bond financing close within 90 days from the date of adoption of the inducement resolution? Yes No Location of project (attach location map) _Southport Business Park~ LotC-2~ South Blvd. & Expressway Drivm~ Virqinia Explanation of alternative financing that has been 10. 11. reviewed for project None I hereby certify that the information stated in the above Economic Impact Statement is accurate and true in all respects. (Applicant) Subscribed and sworn to before me this 1st day of Auqust 1985. Notary Public My Co~mis~ion Expires: SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Pembroke Plaza Associates 2. LOCATION: Northeast corner of Pembroke Boulevard and SUllivan Boul~va-rd DESCRIPTION OF PROJECT: 38,500 square feet of office and small ~u~iness retaii~i~ase sp~ce' AMOUNT OF BOND ISSUE: $2,250,000 5. PRINCIPALS: Frederick 3- Nap°litgn° Richard E. Olivieri ZONING CLASSIFICATION: a. Present zoning classification of the Property b. Is rezoning proposed? c. If so, to what zoning classification? Yes No X N/A 11/5/83 FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: JULY 9, 1985 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: PEMBROKE PLAZA ASSOCIATES TYPE OF FACILITY: 38,500 SQUARE FEET OF OFFICE AND SMALL BUSINESS RETAIL LEASE SPACE 1. Maximum amount of financing sought $ 2,250,000 Estimated taxable value of the facility's real property to be constructed in the municipality $ 2,010,000 Estimated real property tax per year using present tax rates $ 16,100 Estimated personal property tax per year using present tax rates $ __ 4~200 Estimated merchants' capital (business license) tax per year using present tax rates $ 8 700 Estimated dollar value per year of goods and services that will be purchased locally $_ 3,8~Q oa~00 Estimated number of regular employees on year round basis 115 8. Average annual salary per employee The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. City of Virginia Beach Development Authority Cha'i rman Economic Impact Statement 1. Amount of investment 2. 'Amount of industrial revenue bond financing sought 3. Estimated taxable value of the facili, ty's real property to be constructed in the City of Virginia Beach 4. Estimated real property tax per year using present tax rate 5. Estimated personal property tax 6. Economic impact statement demonstrating the overall return tO the' city: A. Number of new jobs 134 $3,000~000 $2 250 000 '$ 4.200 B. Payroll generated $2,144,000 C. Number of jobs retainbd Ay. Wage $ 16,000 De Payroll retained $ Ay. Wage $ Estimate of the value of goods, and .services purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type Value .Inventory ** $ 5.000.000 ** Estimated, Dependent Upon Tenant Mix TOTAL $.5t000~000 F. Estimated building permit fee and other municipal fees - $ G. Estimated construction payroll $ 720,000 H. Estimated value of~construction material to be purchased within the City of Virginia Beach - 34,000 $_ 880,000 I. Estimated number of construction jobs 200 J. Any other items which the applicant feels the Authority should be made aware of in evaluating the project This project is well located to provide office space for medical offices and relateG- to its close ~roximit_~_ to Bayside Hospital. 7. Is the site currently zoned for the use of being proposed for industrial revenhe bond financing? Yes X No 8. ' Mas a bond purchase agreement/commitment been accepted by the applicant? (attach a,copy) Yes X Ho 9. Will the bond financing close within 90 days from the date of adoption of the inducement resolution? Yes X No -- Location of project (attach location map) Northeast corner of Pembroke Boulevard and Sullivan Boulevard. 10. Explanation of alternative financing that has been reviewed for project None I hereby certify that the information stated in the above Economic Impact Statement'is accurate and true in all respects. (Applicant) Subscribed and sworn to before me this ° 1984. ___._ day of Notary Public My Commission Expires: ~ HILl,. POINT AHROWHFAO/'~ ~' / D HERMITAGE POINT WITCH DUO( POINT PROJECT NAME: PROJECT ADDRESS: TYPE OF PROJECT' Pembroke Plaza Associates Northeast corner of Pembroke Boulevard and Sullivan Boulevard. Office, Commercial Retail Lease Space RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR PEMBROKE PLAZA ASSOCIATES FACILITY WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application of Pembroke Plaza Associates, a Virginia partnership, or any partnership or corporation of which Frederick J. Napolitano and/or Richard E. Olivieri are partners or shareholders (the "Company") for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $2,250,000 (the "Bonds") to assist in the financing of the Company's acquisition, construc- tion, and equipping of an approximately 38,500 square foot office/retail facility, on approximately 3.6 acres of land, to be located on the northeast corner of Pembroke Boulevard and Sullivan Boulevard, in the City of Virginia Beach, Virginia (the "Facility"), and has held a public hearing thereon on August 6, 1985; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City") to approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to §15.1-1378-1 of the Code of Virginia, 1950, as amended, a copy of the Authority's Resolution approving the issuance of the Bonds, subject to terms to be mutually agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia approves the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of Pembroke Plaza Associates, or any partnership or corporation of which Frederick J. Napolitano and/or Richard E. Olivieri are partners or share- holders, to the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bonds, as required by Section 103(k) does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable and hereby disclaims all liabil- ity for any damages to any person, direct or consequential, resulting from (1) the Authority's failure to issue bonds for the Facility for any reason, including, but not limited to, any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax exempt bonds by the Authority is restricted by any state or federal statute now or hereafter enacted; or (2) the Authority's failure for any reason after the issuance of bonds for the Facility to allocate a portion of its allowable industrial development revenue bond volume to the Facility if the issuance of tax exempt bonds by the Authority is restricted by any state or federal statute now or thereafter enacted. 4. This Resolution shall take effect immediately upon its adoption. ADOPTED by a majority of a quorum of the Council of the City of Virginia Beach, Virginia on August 12, 1985. SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND PROJECT NAME: 2. LOCATION: ARAGONA VILLAGE SHOPPING CENTER ASSOCIATES Northwest corner o~__~irginia Beach Boulevard a~ Aragona~Boulevard 3. DESCRIPTION OF PROJECT: e AMOUNT OF BOND ISSUE: Approximately 28,000 square feet of commerciaY space WHidh'~n .b~ use~ for light manufacturing and retail sales $1,540,000 5. PRINCIPALS: Richard E. Olivieri e ZONING CLASSIFICATION: a. Present zoning classification of the Property b. Is rezoning proposed? c. If so, to what zoning classification? B-2 Yes No X N/A 11/5/83 FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: JULY 9, 1985 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: ARAGONA VILLAGE SHOPPING CENTER ASSOCIATES FACILITY TYPE OF FACILITY: COMMERCIAL LEASE FACILITY Maximum amount of financing sought $ 1,540,000 ® Estimated taxable value of the facility's real property to be constructed in the municipality $ 1,303,000 Estimated real property tax per year using present tax rates $ 10,500 Estimated personal property tax per year using present tax rates $ 3,500 Estimated merchants' capital (business license) tax per year using present tax rates $ 5,500 Estimated dollar value per year of goods and services that will be purchased locally $ 2,400,000 Estimated number of regular employees on year round basis 75 8. Average annual salary per employee $ 16,000 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. City of Virginia Beach Development Authority Chairman Economic Impact Statement 1. Amount of investment 2. 'Amount of industrial revenue bond financing sought 3. Estimated taxable value of the facili, ty's real property to be constructed in the City of Virginia Beach 4. Estimated real property tax per year using present tax rate 5. Estimated personal property tax 6. Economic impact statement demonstrating the overall ~eturn tO the' city: A. Number of new jobs 75 $ 2.000,000 $ ].540,000 $ 1 ~303.000 $ ]0~50Q -$_ 3r500 B. Payroll generated $1,200,000 Ay. Wage $ 16,000 C. Number of jobs retained ' D. Payroll retained $ Ay. Wage $ E. Estimate of the value of goods, and .services purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type Value -Inventory ** Estimated, Dependent Upon Tenant Mix TOTAL $ 5,000,000 10. F. Estimated building permit fee and other municipal fees $ 25,000 G. Estimated construction payroll $ 448,000 H. Estimated value of'construction material to be purchased within the City of Virginia Beach '$ 750,000 I. Estimated number of construction jobs 100 J. Any other items which the applicant feels the Authority should be made aware of in evaluating the project Given the project's location, an excellent opportunity is available £or new ~ra~e- --~ businesses to be created by nearby residents. 7. Is the site currently' zoned for the use of being proposed for industrial revenue bond financing? Yes X No 8. ' Pas a bo~d purchase agreement/commitment been accepted by the applicant? (attach a,copy) YesX 9. Will the bond financing close within 90 days from the date of adoption 9f the inducement resolution? Yes x Location of project (attach location map) Northwest corner of Virginia Beach Boulevard and Ara~ona B~ulevard bacK-- Explanation of alternative financing that has been reviewed for project I hereby certify that the information stated in the above Economic Impact Statement'is accurate and true in all respects. (Applicant) Subscribed and sworn to before me this 1984. _ day of Notary Public My Commission Expires: FIMI TAG[ POINT WITCH POINT 143 A ~ 23~2 PROJECT NAME' PROJECT ADDRESS' TYPE OF PROJECT' Aragona Village Shopping Center Associates Facility Northwest Corner of Virginia Beach Boulevard and Aragona Boulevard Commercial, Office, Warehouse, Light Manufacturing Lease Space RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR ARAGONA VILLAGE SHOPPING CENTER ASSOCIATES FACILITY WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application of Aragona Village Shopping Center Associates, a Virginia partnership, or any partnership or corporation of which Richard E. Olivieri is a partner or shareholder (the "Company") for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $1,540,000 (the "Bonds") to assist in the financing of the Company's acquisition, construction, and equipping of an approximately 28,000 square foot commercial facility to be used for light manufacturing and/or retail sales, on approximately 2.46 acres of land, to be located on the west side of Aragona Boulevard between Virginia Beach Boulevard and Broad Street, in the City of Virginia Beach, Virginia (the "Facility"), and has held a public hearing thereon on August 6, 1985; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City") to approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to §15.1-1378-1 of the Code of Virginia, 1950, as amended, a copy of the Authority's Resolution approving the issuance of the Bonds, subject to terms to be mutually agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if anY, have been filed with the Council of the City of Virginia Beach, Virginia. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia approves the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of Aragona Village Shopping Center Associates, or any partnership or corpora- tion of which Richard E. Olivieri is a partner or shareholder, to the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bonds, as required by Section 103(k) does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable and hereby disclaims all liabil- ity for any damages to any person, direct or consequential, resulting from (1) the Authority's failure to issue bonds for the Facility for any reason, including, but not limited to, any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax exempt bonds by the Authority is restricted by any state or federal statute now or hereafter enacted; or (2) the Authority's failure for any reason after the issuance of bonds for the Facility to allocate a portion of its allowable industrial development revenue bond volume to the Facility if the issuance of tax exempt bonds by the Authority is restricted by any state or federal statute now or thereafter enacted. 4. This Resolution shall take effect immediately upon its adoption. ADOPTED by a majority of a quorum of the Council of the City of Virginia Beach, Virginia on August 12, 1985. SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. Project Name: RBM Associates, a Virginia general partnership (in formation) 2. Project Location: 3. Description of Project: 4. Amount of Bond Issue: OCEANA WEST INDUSTRIAL PARK FRANKELL LANE, PARCEL 70, VIRGINIA BEACH, VIRGINIA AC©UISITION OF APPROXIMATELY 3.2 ACRES OF LAND AND CONSTRUCTION AND EQUIPPING THEREON OF A 12,000 SQUARE FOOT (AP P ROXI MATE ) MANUFACTURING AND DISTRIBUTION FACILITY $1,000,000.00 5. Principals: RICHARD B. MORRIS DON F. BEAZLEY PHILLIP A. REDMOND e Zoning Classification: (a) Present zoning classification of the property? (b) Is rezoning proposed? (c) If so, what zoning classification? Yes I-1 N/A No x DNR/7.15.4.C FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: AUGUST 6, 1985 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: RBM ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP (IN FORMATION) TYPE OF FACILITY: 12,000 SOUARE FOOT (APPROXIMATE) MANU- FACTURING AND DISTRIBUTION FACILITY TO BE CONSTRUCTED ON APPROXIMATELY 3.2 ACRES OF LAND LOCATED IN THE OCEANA WEST INDUSTRIAL PARK, PARCEL 70 1. Maximum amount of financing sought $1,000,000.00 2. Estimated taxable value of the facility's $1,000,000.00 real property to be constructed in the municipality 3. Estimated real property tax per year using $ 8,000.00 present tax rates 4. Estimated personal property tax per year $ 3,500.00 using present tax rates 5. Estimated merchants' capital (business $ 3,000.00 license) tax per year using present tax rates 6. Estimated dollar value per year of goods $ 100,000.00 and services that will be purchased locally Estimated number of regular employees on year round basis 8. Average annual salary per employee 25 currently 50 within 3 yrs. $ 20,000.00 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. DNR/7.15.5.C City of Virginia Beach Development Authority Chairman Economic Impac= S~atemen= ]. Amoun= of inves~men= 2. Amoun~ of industrial revenue bond financing sought 3. Estimated.taxable value of ~he facility's real property to be cons=ructed in the City of Virginia Beach 4. Estimated real proper=y tax per year using present tax rate 5. Es=imated personal property tax 6. Economic impact statemen~ demonstrating the overall return to the]ci=Y= O0 $ 1~000~000.00 $1,000,009.00 8,000.00 $ 3,500 · 00 A. Number of new ~obs 15-25 {over next 36 months) B Payroll generated $500r000.00 Ay. Wage $~.00 (per an ' (Computer Programm C. Number of jobs retained 25 D. Payroll retained $500~000.00Av- Wage $~.00 E. Estimate of the value of goods and services purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type Legal a Accountinq Equipment & Supplies Value $ 20rO00.O0 $ 80,000.00 TOTAL $ 100,000.~0 10. 11. Estimated building permit fee and other municipal fees $ 7,000.00 Estimated construction payroll $ 400¢000.00 Estimated value of construction material to be purchased within the City of Virginia Beach $ 350r000'00 Estimated number of construction jobs 50,000.00 Any other items which the applicant feels the Authority should be made aware of in evaluating the project Priority one project to be located in Ocea-a West Industrial Park (Hiqh Tech Computer Industry). Is the site currently zoned for the specific use being proposed for industrial revenue bond financing? Yes x No Has a bond purchase agreement/commitment been accepted by the applicant? (attach a copy) Yes __ NoX__ Will the bond financing close within 90 days from the date of adoption of. the inducement resolution? Yes No Location of project (attach location map) Frankell Lane, Parcel 70, Oceana West Industrial Parkr Virqinia Beacht Virginia 23454 Explanation of alternative financing that has been reviewed for project None - project not fea~ibl~ conventional financinq. I hereby certify that the information stated in the above Economic Impact Statement is accurate and true in all respects. RBM ASSOCIATES, a Virginia General Partnership (in formation) (Applicant) bscribed and sworn to before me this /1~ ikday of ~. , 198~. ~ Notary Public My Commission Expires ,~ GF~NT C ~NC~$$ ANNE PLAZA SHO~. CTR. 0 [ORG :E..N OC~ ~.N GOLF COURSE~':' '\ ~'-- NOCtFOUf SOUTNE.~N $ ' OCEANA N'AV'AL, A[R STATIt :_¥ NN £ .... R %,1't.. LAN0 OR. 3 J C©NTIr, IUED,Or',I ~,a,.GE20 ] 4 J 5 PROJECT NAME: PROJECT ADDRESS: RBM ASSOCIATES Oceana West Industrial Park Parcel 70, Franke!l Lane, Virginia Beach Virginia 23454 TYPE OF PRODUCT: Manufacturing and Distribution RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS RBM ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application and plan of financing of RBM Associates, a Virginia general partnership (in formation) (the "Purchaser") for the issuance of the Authority's industrial development revenue bonds in an amount es timated at One Million Dollars ($1,000,000.00) (the "Bonds") to assist in the financing of the Purchaser's acquisition of approximately 3.2 acres of land located in the Oceana West Industrial Park on Frankell Lane, Parcel 70, Virginia Beach, Virginia (the "City") and in the construction and equipping of a 12,000 square foot (approximate) manufacturing and distribution facility (the "Facility"), and after proper notice in a newspaper of general cir- culation has held a public hearing thereon on August 6, 1985 pursuant to Section 15.1-1378.1 of the Code of Virginia, 1950, as amended; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City") to approve the issuance of the Bonds in compliance with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to Section 15.1-1378.1 Code of Virginia, 1950, as amended, a copy of the Authority's Resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reaso- nably detailed summary of the comments expressed at the public hearing, if any, as well as the Economic Impact Statement and other requested documents, have been filed with the Council of the City of Virginia Beach, Virginia; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, appro- ves the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of RBM Associates, a Virginia general part- nership, 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. -1- 2. The approval of the issuance of the Bonds, as required by Section 103(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Purchaser; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and monies pledged therefore, and neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. ADOPTED by a majority of a quorum of the Council of the City of Virginia Beach, Virginia on August !__~2, 1985. DNR/7.15.3.C -2- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: LIGHTHOUSE HOTEL ASSOCIATES 2. LOCATION: FIRST STREE~.AgD ATLANTIC AVENUE NORTH SIDE OF AND IMMEDIATELY ADJAC TO THE LIGHTHOUSE RESTAURANT 3. DESCRIPTION OF PROJECT: 165 ROOM HOTEL 4. AMOUNT OF BOND ISSUE: $10,000{Q00 .... 5. PRINCIPALS: ZONING CLASSIFICATION: a. Present zoning classification of the Property b. Is rezoning proposed? c. If so, to what zoning classification? H-2 Yes N/A No X 11/5/S3 FISCAL 'IMPACT STATEMENT DATE: JULY 10, 1985 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: LIGHTHOUSE HOTEL ASSOCIATES TYPE OF FACILITY: 165 ~OOM HOTEL FACILITY Maximum amount of-financing sought $ 1D~000,_000 Estimated taxable value of the facility's real property to be constructed in the municipality $ 10,000r~00 Estimated real property tax per year using present tax rates $ 80,000 Estimated personal property tax per year using present tax rates $ 50,000 Estimated merchants' capital (business license) tax per year using present tax rates Estimated dollar value per year of goods and services that will be purchased locally $ N/A $ 862,500 Estimated number of regular employees on year round basis 100 8. Average annual salary per employee The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. City of Virginia Beach Development Authority By Ch~ i rmffK .... Economic Impact Statement Amount of investment 'Amount of industrial revenue bond financing sought Estimated taxable value of the facil~ty,s real property to be constructed in the City of Virginia Beach ~timated real property tax per year using present tax rate Estimated personal property tax Economic impact statement demonstrating the overall ~eturn~t6 the'city: A.. Number'of new jobs 100 Co $10,000,000 $~0,000,000 $10,000,000 $ 80-,000 -$ 50,000 Payroll. generated $1,200,000 Ay. Wage $__1.2j000 Number of jobs retained . N/A ' Payroll.retained $ N/A Ay. Wage $ Estimate of the value of'goods, and .services purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type Value Insurance $. 75r000 _Mptor Vehicles $ 37,500 TOTAL $ 862,500 10. F. Estimated building permit fee and other municipal fees ' G. Estimated construction payroll H. Estimated value of'construction material to be purchased within the City of Virginia Beach $~,000,000' '$~,ooo,ooo -- 150 I. Estimated number of construction jobs J. Any other items which the applicant feels the Authority should be made aware of in evaluating the project Will help meet need for ~ in the City. Is the site currently zoned for the use of being proposed for industrial revenhe bond financing? Yes No Bas a bond purchase agreement/commitment been accepted by the applicant? (attach a,copy) Yes No X Will the bond financing close within 90 days from the date of adoption of the inducement resolution? Yes x Location of project (attach location map) First Street and Atlantic Avenue, ~orth-slde or ana immediately, adjacent to the Lighthouse Restaurant. Explanation of alternative financing that has been reviewed for project None. I hereby certify that the information stated in the above Economic Impact Statement~is accurate and true in all respects. Subscribed and sworn to before me this ° 1984. day of Notary Public My Commission Expires: CARVER )IrAC DRINKWATER LA,. LORETTA SOUTHERN S LA ' Canted \ ' -~a- -~ou ..... ~'- , ./ ~ RedWmn-g I -, - ~_~?,. ~; 'r:n;~c ~. ~ '~,. ,'~ ...... ,. . , .' .,, '~ ~,~" · c,. -~. . ' ..~r~ I ,t d.=. .~ -..-I -, $~ ..~ .... ,=--,,:~ _ ~. -"~RoJECT NAME: PROJECT ADDRESS: LIGHTHOUSE HOTEL ASSOCIATES ,: 10 Va Beach Fishmg Pie 11 t A['.!FH IBiO LAKE FIRST STREET AND ATLANTIC AVENUE - NORTH SIDE OF AND IMMEDIATELY ADJACENT TO THE LIGHTHOUSE RESTAURANT .~ TYPE OF PROJECT: .... 165 ROOM HOTEL FACILITY RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR LIGHTHOUSE HOTEL ASSOCIATES FACILITY WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application of Lighthouse Hotel Associates, a Virginia limited partnership, or any partner- ship or corporation of which Ramon W. Breeden, Jr. is a partner or shareholder (the "Company") for the issuance of the Author- ity's industrial development revenue bonds in an amount not to exceed $10,000,000 (the "Bonds") to assist in the financing of the Company's acquisition, construction, and equipping of an approximately 165 room hotel facility, consisting of approximately 45,000 square feet, to be located at First Street and Atlantic Avenue, on the north side of and immediately adjacent to the Lighthouse Restaurant, in the City of Virginia Beach, Virginia (the "Facility"), and has held a public hearing thereon on August 6, 1985; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City") to approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to §15.1-1378-1 of the Code of Virginia, 1950, as amended, a copy of the Authority's Resolution approving the issuance of the Bonds, subject to terms to be mutually agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia approves the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of Lighthouse Hotel Associates, or any partnership or corporation of which Ramon W. Breeden, Jr. is a partner or shareholder, to the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bonds, as required by Section 103(k) does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable and hereby disclaims all liabil- ity for any damages to any person, direct or consequential, resulting from (1) the Authority's failure to issue bonds for the Facility for any reason, including, but not limited to, any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax exempt bonds by the Authority is restricted by any state or federal statute now or hereafter enacted; or (2) the Authority's failure for any reason after the issuance of bonds for the Facility to allocate a portion of its allowable industrial development revenue bond volume to the Facility if the issuance of tax exempt bonds by the Authority is restricted by any state or federal statute now or thereafter enacted. 4. This Resolution shall take effect immediately upon its adoption. ADOPTED by a majority of a quorum of the Council of the City of Virginia Beach, Virginia on August 12, 1985. 4/25/84 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND EXHIBIT F 1. PROJECT NAME: 2. LOCATION: 3. DESCRIPTION OF PROJECT: EDWARD T. FISCHER & FRA~ T. GUI~IE V!r~inia Beach Boulevard & South Lynn Shores Drive Virginia Beach, Virginia Purchasing & Renovation of the Moore's Super Store $1,280,000.00 Edward T. Fischer Frank T. Guthrie 4. AMOUNT OF BOND ISSUE: 5. PRINCIPALS: ZONING CLASSIFICATION: a. Present zoning classification of Property the b. Is rezoning proposed? c. If so, to what zoning classification? I-2 Yes No x N/A Exhibit D FISCAL IMPACT STATEMENT FOR'PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: July ll, 1985 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: TYPE OF FACILITY: EI]WARD T. FISOER & FRAN< T. GUll~IE Retail carpet, office and warehouse 1. Maximum amount of financing sought $ 1,280,000.00 Estimated taxable value of the facility's real property to be constructed in the municipality 1,500,000.00 Estimated real property tax per year using present tax rates $ 12,000.00 Estimated personal property tax per year using present tax rates $ 8,000.00 Estimated merchants' capital (business license) tax per year using present tax rates $ 10,000.00 Estimated dollar value per year of goods and services that will be purchased locally $ 2,000,000.00 Estimated number of regular employees on year round basis $ 100 8. Average annual salary per employee $ 15,000.00 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. .City of Virginia Beach Development Authority By,, Chairman l Economic Impact Statement 1. Amount o[ investment 2. Amount of industrial revenue bond f£nancing sought ' 3. Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach 4. Estimated real property tax per year using present tax rate 5. Est£mated personal property tax 6. Economic impact statement demonstrating the overall return to the[c£tY~ A. Number of new ~obs _ ~ $ 1,280,000.00 $ 1,500,000.00 $ 12,000.00 _ $ 8,000.00 Av. Wage Type Va i ue R~ation/f~ishin~s & fixt~ $_~OJ~~ Mot~ Vehicles' ,i. $~ $ . TOTAL $ 655,000 B. Payroll generated $1,500,000 C. Number of ~obs retained 60 D. Payroll retained $ 9,000,000 Av. Wage $]5_~_m E. Estimate of the value of goods land services purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.) ~ fees Estimated construction payroll H. Estimated value of construction material to be purchased within the City of Virg£nia Beach I. Estimated number of construction Jobs J. Any other items which the applicant feels the Authority should be made aware of in evaluating the project Estimated building permit fee and other municipal $15.000.~ $215~000.00 $ 215,000.00 20' o 10. Is the site currently zoned for the specific use being proposed for industrial revenue bond £1nancing? ~es ~ Has a bond purchase agreement/commitment been accepted by the applicant? (attach a copy) Yes~__No Will the bond financing close within 90 days from the date of adoption of. the inducement resolution? Yes ~_ No Location of pro:Ject: (attach location map) 11. Explanation of alternative financing that has been reviewed for project ~ Z hereby certi£y that the in£ormation atated in the above Economic Impact Statement is accurate end true in all respectS? Subscribed an~ sworn to beEore me th~s ]]~ da~ o[ _ ~]y N~a~ Pu~ ~c Hy Commission Expires: 2/18/89 ET AND VICINITY GU 9F VIRGINIA BEACH, VII DEPARTMENT OF PLANNING OCEANA PRINCI NE BOROU(;II P~rk OUSTRIAL RESOLUTION APPROVING THE PLAN OF FINANCING AND ISSUANCE OF INDUSTRIAL REVENUE BONDS FOR EDWARD T. FISCHER & FRANK T. GUTHRIE WHEREAS, the City of Virginia Beach Development Authority (the Authority) has considered the application and plan of financing of EDWARD T. FISCHER & FRANK T. GUTHRIE (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount estimated at $1,280,000.00 (the Bond) to assist in the financing of the Company's acquisition, and renovation of the Moore's Super Store facility (the Facility) to be located at Virginia Beach Boulevard and South Lynn Shores Drive, in the City of Virginia Beach, Virginia, and has held a public hearing thereon on ; and WHEREAS, the Authority has requested the City Council (the Council) of Virginia Beach, Virginia (the City), to approve the plan of financing and issuance of the Bond to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to Section 15.1-1378.1, Code of Virginia, 1950, as amended, a copy of the Authority's resolution approving the plan of financing and issuance of the Bond, subject to terms to be agreed upon, and a reasonably detailed sugary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the plan of financing and issuance of the Bond by the City of Virginia Beach Development Authority for the benefit of EDWARD T. FISCHER and FRANK T. GUTHRIE to the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the plan of financing and issuance of the Bond, as required by Section 103(k), does not constitute an endorsement of the Bonds or the Creditworthiness of the Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or consequential, resulting from {1) the Authority's failure to issue bonds for the Project for any reason, including but not limited to any decision by the Authority in its sole discretion to allocate its allowable industrial developn~ent bond volume to one or more other projects if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted; or {2) the Authority's failure for any reason after the issuance of bonds for the Project to allocate a portion of its allowable industrial development bond volume to the Project if the issuance of tax-exempt bonds b.¥ the Authority is restricted by any State or Federal statute now or hereafter enacted. 4. This Resolution shall take effect immediately upon its adoption. Adoption by a majority of a quorum of the Council of the City of Virginia Beach, Virginia on ~Jgust 12, , 1985. SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: 2. LOCATION: BasQier PrRperties 1052 Lynnhaven Parkway (S. W. corner of Lynnhaven Parkway and Magic Hollow Boulevard) DESCRIPTION OF PROJECT: 3;,biJ~lding~ tntallingl 6~]:ll{l~l Sn.,Ja.r~ f~pt- plus site work. 4. AMOUNT OF BOND ISSUE: _ _e,.OOO,OOO.p.o.. 5. PRINCIPALS: Joseph J,. B~sqier Teresa D. Basgier Se ZONING CLASSIFICATION: a. Present zoning classification of the Property b. Is rezoning proposed? c. If so, to what zoning classification? B-2 (,.pl')H?) No XX 11/5/83 EXHIBIT C DATE: FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: BASGIER PROPERTIES TYPE OF FACILITY: 3 office buildings totalling 60,000 ± square feet at 1052 Lynnhaven Parkway (S.W. corner of Magic Hollow Blvd. and Lynnhaven Parkway) Maximum amount of financing sought $ 6,000,000.00 Estimated taxable value of the facility's real property to be constructed in the municipality $ 6,150,000.00 Estimated real property tax per year using present tax rates . $ 48,000. O0 Estimated personal property tax per year using present tax rates Estimated merchants' capital (business license) tax per year using present tax rates $ 1,000.00 $ 11,000.00 Estimated dollar value per year of goods and services that will be purchased locally $_ 9,000,000.00 Estimated number of regular employees on year round basis $ 480 8. Average annual salary per employee $ _ 25,Q00:00 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. City of Virginia Beach Development Authority By -chairman il. Economic Impact Statement Amou,~t of i~'~vestment Amount of industrial revenue bond financing sought Estimated taxable value of the facility's real property to be constructed in the City of Virginia 13e~cl'~ Estimated real property tax per year using puesent tax rate Estimated personal property tax Economic impact statement demonstrating the overall return to the city: $ 6.15_0_ 0=Q~Q_00 $. 6.000.000 $ 6, L5__0~_000 $ 48~000 $___ ],000_ A. Number of new jobs 480 B. Payroll generated $ ]_~2 O00,.0Q0 Ay. Wage $_25_~QQ_0__ c. Number of jobs retained undeterred,able D. Payroll retained $_u~kn0wn Ay. Wage SunknDJa/L_ E. Estimate of the value of goods and services purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type _ iN. Va 1 ue $ ~/~-< o~o TOTAL F. Estimated building permit fee and other municipal fees G. Estimated col]struction payroll H. Estimated value of co~]structiol% material to be purchased within the City of Virginia Beach I. Estimated number of construction jobs J. A~y other items which the applicant feels the Authority should be made aware of in evaluati,]g the project $ 57 2-50 $ 1,250,000 $ 2,500,000 75 7. Is the site cuL-rently zoned for the specific use being proposed for industrial revenue bond financing? Yes XX No 8. Has a bond purchase agreement/commitment been accepted by the applicant? (attach a copy) Yes No XX 9. Will the bond financing close within 90 days from the date of adoption of the inducement resolution? Yes ×× No ~0. Location of project (attach location map) $. W. corner of Lynnhav_en Parkway a~d Magic, Hollovz__B_Q.u_l_e_~d __ 1 1. Explanation of alternative financing that has been reviewed for project _ NoRD _ '[ llet.*t~by certi, fy that the information stated in the above I,:,~,mi.c [ml?ac[: St~ll:eme~l: ].s accuu~.~te and true in all respects. BASGIEf~ PRO,PERTI ES, By_' (Applioagt I Joseph ~. Bas~,ter ~ub~cribed and swo[n ~o be~o[e me ~his lOth aay o~ ~uly '1 9~5. Notary Public My Commission EXpires 17~'o-~oc 2.7Jo,ooo r'r Joins Map 13 21 ;~ B C p . F ~-10 PROJECT NAME: BASGIER PROPERTIES PROJECT ADDRESS: 1052 Lynnhaven Parkway (S.W. corner of the intersection of Lynnhaven Parkway and Magic Hollow Boulevard) TYPE OF PROJECT: Three office buildings A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the 12th day of August, 1985. Co~ncilman ' ~oncilman On motion by Baom and seconded ~y~, the following Resolution was adopted. RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO BASGIER PROPERTIES WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the "Authority"), has considered the application and plan of financing of Basgier Properties, a Virginia general partnership or a Virginia land trust in formation (the "Company"), for the issuance of the Authority's industrial development revenue bond or bonds in an amount estimated at $6,000,000.00 (the "Bonds") to assist in the financing of the Company's acquisition, construction, and equipping of three office buildings containing approximately 60,000 square feet at 1052 Lynnhaven Parkway (the "Project") on the southwest corner of the intersection of Lynnhaven Parkway and Magic Hollow Boulevard, in the City of Virginia Beach, Virginia (the "City"), and has held a public hearing thereon on August 6, 1985. WHEREAS, the Authority has requested the City Council (the "Council" of 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 public hearing has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council approves the plan of financing, including the issuance of the Bonds by the Authority, for the benefit of Basgier Properties, to the extent required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Project. 2. The approval of plan of financing and the issuance of the Bonds, as required by Section 103(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Company, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or consequential, resulting from (1) the Authority's failure to issue bonds for the Project for any reason, including but not limited to any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax-exempt bonds by the Authority is restricted by any state or federal statute now or hereafter enacted; or (2) the Authority's failure for any reason after the issuance of bonds for the Project to allocate a portion of its allowable industrial development bond volume to the Project if the issuance of tax-exempt bonds by the Authority is restricted by any state or federal statute now or hereafter enacted. 4. This Resolution shall take effect immediately upon its adoption. Adopted by the Co~ncil of the City of Virginia Beach, Virginia, on August 12, 1985. WLN.RESO.BASGIER.7/10/85 - 2 - SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND ]. PROJECT NAME: 2. LOCATION: 3. DESCRIPTION OF PROJECT: Dr. Robert W. Waddell 4560 South Boulevard Virginia OffiGe Building 4. AMOUNT OF BOND ISSUE: 5. PRINCIPALS: $1,989,228.65 Dr. Robert W. Waddell ZONING CLASSIFICATION: a. Present zoning classification of the Property b. Is rezoning proposed? c. If so, to what zoning classification? I-1 Yes No X City Council of Virginia Beach, Virginia Municipal Center Virginia Beach, Virginia FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING August 6, 1985 Waddell Office Building Project Refunding Bond - Existing Office Building e Maximum amount of financing sought Estimated taxable value of the facility's real property to be constructed in the municipality Estimated real property tax per year using present tax rates Estimated personal property tax per year using present tax rates Estimated merchants' capital tax (business license tax) per year using present tax rates Estimated dollar value per year of goods and services that will be purchased locally Estimated number of regular employees on year round basis Average annual salary per employee $1,989,228.65 $3,000,000.00 $ 15,000.00 $ 50,000.00 $ 1,516.30 $ 400,000.00 200.00 20,000.00 [The information contained in this statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto.] CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By airman ~ ECONOMIC IMPACT FOR BOND ALLOCATION REVIEW Not applicable to Waddell issue since the issue is not subject to allocation requirements PROJECT NAME: Dr. Robert W. Waddell PROJECT ADDRESS: 4560 South Boulevard Virginia Beach, Virginia 23462 TYPE OF PROJECT: Office A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administra- tion Building, on the ]? day of August, 1985. On motion by Councilman Baum and seconded by cn,,,,~]m~n v~T, tras.~ Resolution was adopted. , the following RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BONDS FOR DR. ROBERT W. WADDELL WHEREAS, the City of Virginia Beach Development Authority (the Authority) has considered the request of Dr. Robert W. Waddell (the Company) for the issuance of the Authority's industrial development revenue refunding bonds in the amount of :$1,989,228.65 (the Bonds) to assist in the refunding of the Authority's Industrial Development Revenue Bonds (Waddell Office Building Project) dated March 1, 1982, and issued to finance the constructing, developing and equipping of an office building located at 4560 South Boulevard in the City of Virginia Beach, Virginia, and owned by the Company and has held a public hearing thereon on August 6, 1985; and WHEREAS, the Authority has recommended that the City Council (the Council) of City of Virginia Beach, Virginia (the City), approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended, and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended; and WHEREAS, a copy Of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a reasonably detailed summary of the comments expressed at the public hearing with respect to the Bonds and a state- ment in the form prescribed by Section 15.1-1378.2 of the Code of Virginia of 1950, as amended, have been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The recitals made in the preambles to this Resolu- tion are hereby adopted as a part of this Resolution. 2. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of the Company, to the extent of and as required by Section 103(k) of the Internal Revenue Code of 1954, as amended, and Virginia law. 3. The approval of the issuance of the Bonds, as required by such Sections 103(k) and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended, does not constitute an endorsement of the Bonds or the creditworthiness of the Company, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith nor 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 August 12, 1985. 2 Item II-J.2. - 25 - RESOLUTIONS ITEM # 24030 ~DD/ON Upon motion by Councilwoman Creech, seconded by Councilman Jennings, City Council ADOPTED a Resolution SUPPORTING SECRETARY DOYLE'S proposal to sell CONRAIL to NORFOLK SOUTHERN and URGING Congress to act without unnecessary delay to accomplish this end; AND, directed the City Clerk to immediately transmit a copy of said Resolution to each of the Virginia Congressional delegation. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. August 12, 1985 - 25a - RBSOLUTION WHEREAS: CONRAIL, the government-owned freight railroad in the Northeast and Midwest, is being transferred to the private sector as mandated by law; WHEREAS: Secretary of Transportation, Elizabeth H. Dole, has recommended that CONRAIL be sold to Norfolk Southern Corporation; WHEREAS: State and local governments in the CONRAIL area will begin receiving $32-Million annually in tax revenues when such sale is consummated; WHEREAS: More than Eighty-four newspapers in Twenty-three States and the District of Columbia have published editorials in support of Secretary Dole's recommendation that Norfolk Southern purchase CONRAIL; WHEREAS: Payment of $1.2-Billion in cash for the Government's Eighty-five percent share of CONRAIL will help reduce the federal deficit; WHEREAS: Returning CONRAIL to the private sector will be in accord with a policy of deregulation; WHEREAS: Terms of the sale require Norfolk Southern to adhere to covenants in the public interest for five years to guarantee that current CONRAIL service will continue and that CONRAIL's plant will be maintained and improved; WHEREAS: Sale to Norfolk Southern will mean that the Government, once and for all time, will no longer subsidize CONRAIL's operations; and, WHEREAS: A/most five hundred personnel of Norfolk Southern and its subsidiaries live in Virginia Beach reflecting an annual payroll in excess of $15.6-Million dollars. THEREFORE, BE IT RESOLVED: That the City of Virginia Beach does support Secretary Dole's proposal to sell CONRAIL to Norfolk Southern and urges Congress to act without unnecessary delay to accomplish this end. BE IT FURTHER RESOLVED: That the City Clerk is hereby directed to immediately transmit a copy of this Resolution to each of the Congressional delegation. ADOPTED: August 12, 1985 August 12, 1985 - 26 - Item II-J.3 RESOLUTIONS ITEM # 24031 ADD/ON Upon motion by Councilwoman Creech, seconded by Concilman Baum, City Council ADOPTED a Resolution requesting the UNITED STATES CONGRESS (1) exempt state/local employees from over-time provisions of the FAIR LABOR STANDARDS ACT (FLSA): (2) exempt "volunteer" services; (3) eliminate retro-active application to state/local governments; AND, directed the City Clerk to forward a copy of said Resolution to each of the Congressional delegation. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. August 12, 1985 - 26a- RESOLUTION WHEREAS: the United States Supreme Court on February 19, 1985, ruled in the case of Garcia vs. San Antonio Metropolitan Transit Authority that all employees of state and local governments are subject to the minimum wage, record keeping, and overtime provisions of the Fair Labor Standards Act of 1938 as amended; WHEREAS: the United States Department of Labor on June 14, 1985, announced its enforcement policy for the Fair Labor Standards Act that all state and local governments are liable for all provisions of the Fair Labor Standards Act and all United States Department of Labor regulations under the FLSA retroactive to April 15, 1985; WHEREAS: the United States Department of Labor has announced that it will begin compliance investigations and assessment of penalties for non-compliance for "traditional" jobs effective October 15, 1985; WHEREAS: the City of Virginia Beach is taking appropriate action to amend relevant ordinances, policies, procedures, rules and regulations in order to come into compliance with the provisions of the Fair Labor Standards Act and all United States Department of Labor regulations under the FLSA; and, WHEREAS: after due consideration, the Council is of the opinion that current FLSA regulations represent an unwarranted federal interference with state and local governments. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the United States Congress provide an exemption from the overtime provision of the FLSA for state and local employees; Further, that the United States Congress provide an exemption from the FLSA for individuals who provide services to state and local governments on a volunteer basis; and, Further, that the United States Congress provide for the elimination of the retroactive application of the FLSA to state and local governments. The City Clerk is directed to forward a copy of this resolution to each member of the Virginia delegation to the United States Congress. ADOPTED: August 12, 1985 August 12, 1985 Item II-K.1 ORDINANCE - 27 - ITEM # 24032 The following spoke concerning the Ordinance to AMEND the City Code pertaining to DOG KILLING DOMESTIC ANIMALS: William Clark, Superintendent of Animal Control Assistant City Attorney J. Randall Blow Chief Charles Wall Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council DEFERRED for REDRAFTING to incorporate concerns of Council, an Ordinance to amend Section 5-5.1 of the City Code pertaining to DOG KILLING DOMESTIC ANIMALS. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. August 12, 1985 Item II-L. - 28 - CONSENT AGENDA STEM # 24033 Upon motion by Councilman Baum, seconded by Councilman Fentress, City Council APPROVED IN ONE MOTION Items 1 through 9 of the CONSENT AGENDA with the exception of Items 4 and 5 which were voted upon separately. Stem 2 was APPROVED for DEFERRAL. Voting: 10-0 Council Members Voting Aye: John A. Baum~ Nancy A. Creech~ Robert E. Fentress, Mayor Harold Heischober~ Barbara M. Henley~ H. Jack Jennings, Jr., Louis R. Jones~ Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf* Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. *Verbal Aye August 12, 1985 - 29 - Item II-L.I CONSENT AGENDA iTEM # 24034 Upon motion by Councilman Baum, seconded by Councilman Fentress, City Council ADOPTED a Resolution authorizing the CHARGE-OFF of UNCOLLECTIBLE ACCOUNTS and remove $94,807.21 from the City's records. Voting: 10-0 Council Members Voting Aye: John A. Baum~ Nancy A. Creech~ Robert E. Fentress, Mayor Harold Heischober~ Barbara M. Henley~ H. Jack Jennings, Jr., Louis R. Jones~ Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf* Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. *Verbal Aye August 12, 1985 - 29a- RESOLUTION WHEREAS, it is standard accounting procedure to allow for a charge-off of uncollectible accounts; and WHEREAS, an earnest and diligent effort has been made by City departments to collect their overdue accounts; and WHEREAS, the following accounts which total $94,807.21 are deemed to be uncollectible: Public Utilities: Water Usage/Sewer Maintenance Bills Water Inspection Invoices Sewer Inspection Invoices Water/Sewer Connector Fees Various Invoices (damage to Utility System) Public Works: Refuse Disposal Highways Planning: Police: False Alarms Animal Control Sheriff's Office: General Services: Total Amount to be Charged-Off $46,513.75 6,085.50 4,940.70 794.24 20,017.23 1,268.17 13,290.23 104.00 400.00 366.00 719.55 307.84 $94~807.21 NOTE: The individual invoices are available for City Council review. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that $94,807.21 be charged-off as uncollectible accounts and removed from the City's records. This Resolution shall be effective as of June 30, 1985. Adopted by the City Beach, Virginia on Council of the City of Virginia 12 day of A~Jg~st , 1985. JCM/REP/91 A~.~g~.~st 12, 1985 - 30 - Item II-L.2 CONSENT AGENDA ITEM # 24035 Upon motion by Councilman Baum, seconded by Councilman Fentress, City Council DEFERRED an Ordinance to amend and reordain SECTIONS 12-3(a), 12-8(a), 12-25, 12-41, 12-42, 12-43, 12-44, 12-45, 12-46 and 12-49 of the Code of the City of Virginia Beach, Virginia, pertaining to FIRE PREVENTION AND PROTECTION. This item is DEFERRED to enable staff to respond to Council's concerns. Voting: 10-0 Council Members Voting Aye: John A. Baum~ Nancy A. Creech~ Robert E. Fentress, Mayor Harold Heischober,*Barbara M. Henley~ H. Jack Jennings, Jr., Louis R. Jones~ Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf* Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. *Verbal Aye August 12, 1985 Item II-L.3 - 31 - CONSENT AGENDA ITEM # 24036 Upon motion by Councilman Baum, seconded by Concilman Fentress, City Council APPROVED an Ordinance, on FIRST READING, to accept and appropriate a $i,200 grant from the Virginia Division of Motor Vehicles for funding a SAFETY BELT AWARENESS PROGRAM and to appropriate these funds. Voting: 10-0 Council Members Voting Aye: John A. Baum~ Nancy A. Creech~ Robert E. Fentress, Mayor Harold Heischober~ Barbara M. Henley~ H. Jack Jenning$, Jr., Louis R. Jones~ Robert G. Jones, Vice MaYor Reba S. McClanan, and Meyera E. Oberndorf* Council Members Voting Nay: None Council MembersAbsent: J. Henry McCoy, Jr., D.D.S. *Verbal Aye August 12, 1985 AN ORDINANCE TO ACCEPT A $1,200 GRANT FROM THE DIVISION OF MOTOR VEHICLES FOR FUNDING A SAFETY BELT AWARENESS PROGRAM AND TO APPROPRIATE THESE FUNDS. WHEREAS, the City of Virginia Beach is concerned with promoting the use of automotive seat belts in order to reduce the incidence of injury and death in automotive crashes, and WHEREAS, the Division of Motor Vehicles has awarded the City $1,200 to promote the use of seat belts among municipal employees, their fami- lies and friends with no cash match required. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH THAT a grant totaling $1,200 be accepted and appropriated for the purpose of funding an automotive seat belt restraint promotion. This ordinance will be in effect from the date of its adoption. FIRST READING: SECOND READING: August 12, 1985 Adopted by the Council of the City of Virginia Beach on the day of , 19 __. APPROVED AS TO CONTENT SIGNATO~,E D~-PARTM~NT c TY CAC/10RD2-1 August 12, 1985 - 32 - Item II-L.14_ CONSENT AGENDA ITEM # 24037 Chief Charles Wall responded to Council's inquiries concerning this Ordinance Upon motion by Councilwoman Oberndorf, seconded by Councilman Jennings, City Council ADOPTED an Ordinance to transfer $250 from the General Fund's Reserve for contingencies to the POLICE CHIEF'S DIVISION for reimbursement of legal expenses incurred by a City Employee in the performance of his duties. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. August 12, 1985 - 32a - AN ORDINANCE TO TRANSFER FUNDS OF $250 FROM THE GENERAL FUND'S RESERVE FOR CONTINGENCIES TO THE POLICE CHIEF'S DIVISION FOR REIMBURSEMENT OF LEGAL EXPENSES INCURRED BY A CITY EMPLOYEE IN THE PERFORMANCE OF HIS DUTIES WHEREAS, a Virginia Beach police officer was charged with assault while performing his duties, and WHEREAS, the employee incurred legal fees of $250 in preparing his defense, and and WHEREAS, the General District Court dismissed the case, WHEREAS, the officer is seeking reimbursement from the City for his legal fees in accordance with Section 15.1-9.2:1 of the Code of Virginia, and WHEREAS, City Council considers this request reasonable and proper. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of $250 be transferred from the General Fund's Reserve for Contingencies to the Police Chief's Division for legal fees involving the above incident. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 12 day of August , 1985. August 12, 1985 CAC/10RD4 Item II-L.5 - 33 - CONSENT AGENDA ITEM # 24038 Commander Jun Vincent Shay, a resident of Croatan Beach, spoke in OPPOSITION to this ENCROACHMENT. Upon motion by Councilman Jennings, seconded by Councilman Baum, City Council DENIED an Ordinance to authorize a temporary ENCROACHMENT into a portion of the right-of-way known as an UNNAMED 15-foot ALLEY AT CROATAN BEACH to ALBERT JENSEN, his heirs, assigns and successors in title. Voting: 10-0 Council Members Voting Aye: Joh~x A. Baum, Nancy A, Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Couacil Members Absent: J. Henry McCoy, Jr., D.D.S. August 12, 1985 - 33a - DENIED Requested By Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY KNOWN AS AN UNNAMED 15 FOOT ALLEY AT CROATAN BEACH TO ALBERT JENSEN, HIS HEIRS, ASSIGNS AND SUCCESORS 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, Albert Jensen, his heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment into the right-of-way known as an unnamed 15 foot alley at Croatan Beach. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a wooden walkway to preserve the existing sand dune and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as an unnamed 15 foot alley at Croatan Beach, on the certain plat entitled: "SITE PLAN LOTS 8 & 20 BLOCK 20 CROATAN BEACH MB 24 P. 37 LYNNHAVEN BOROUGH VIRGINIA BEACH, VA. SCALE 1"=30' 13 APRIL 1984 REV. 2 MAY, 1984 REV. 11 JULY 1984 MADE FOR ALBERT N. and DIANA H. JENSEN REV: 22 APRIL 1985 NEW OWNERS HOUSE SIZE DECREASED," a copy of which is on file in the Department of Public Work and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to Albert Jensen, his heirs, assigns and successors in title and that within thirty 30 days after such notice is given, said encroachment shall be removed from the City right-of-way known as an unnamed 15 foot alley at Croatan Beach August 12, 1985 - 33b - and that Albert Jensen, his heirs, assigns and successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that Albert Jensen, his heirs, assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Albert Jensen executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 19 . GLF/rab 7/11/85 (29) DENIED APPROVED AS TO CONTENT StGNAI'U~E ' DENIED DENIED -2- August 12, 1985 - 34 - Item iI-L.6 CONSENT AGENDA ITEM # 24039 Upon motion by Councilman Baum, seconded by Councilman Fentress, City Council ADOPTED an Ordinance to authorize a temporary ENCROACHMENT into a portion of the right-of-way at 26th Street to WILLIAM HUGH KITCHIN, III, his heirs, assigns and successors in title. This Encroachment shall be subject to the following conditions: 1. The owner agrees to remove the encroachment when notified by the City, at no expense to the City. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. This encroachment shall not be in effect until an agreement has been executed encompassing the above conditions. Voting: 10-0 Council Members Voting Aye: John A. Baum~ Nancy A. Creech~ Robert E. Fentress, Mayor Harold Heischober~ Barbara M. Henley~ H. Jack Jennings, Jr., Louis R. Jones~ Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf* Council Members Voting Nay: No~e Council Members Absent: J. Henry McCoy, Jr., D.D.S. *Verbal Aye August 12, 1985 - 34a - Requested By Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY 26TH STREET TO WILLIAM HUGH KITCHIN, III, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, William Hugh Kitchin, III, his heirs, assigns 'and successors in title are authorized to construct and maintain a temporary encroachment into the right-of-way of 26th Street. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a concrete pad and frame enclosure for refuse area and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's riqht-of-way known as 26th Street, on the certain plat entitled: "PHYSICAL SURVEY A PORTION OF LOTS 5 & 6 VIRGINIA BEACH DEVELOPMENT CORP. M.B. 4 PART 2 P. 266 VIRGINIA BEACH BOROUGH VIRGINIA BEACH, VA. SCALE 1"=20' 22 MARCH 1985 MADE FOR BUTCH KITCHEN GALLUP SURVEYORS & ENGINEERS, LTD.," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to William Hugh Kitchin, III, his heirs, assigns and successors in title and that within thirty 30 days after such notice is given, said encroachment shall be removed from the City right-of-way of 26th Street and that William Hugh Kitchin, III, August 12, 1985 - 34b - his heirs, assigns and successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that William Hugh Kitchin, III, his heirs, assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that William Hugh Kitchin, III, executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 day of August , 19 85. GLF/re 6/12/85 (29A) APPROVED AS TC CONTSNT SIGN^TU~E -2- August 12, 1985 Item II-L.7 - 35 - CONSENT AGENDA ITEM # 24040 Upon motion by Councilman Baum, seconded by Councilman Fentress, City Council APPROVED the following RAFFLE PERMITS: WOMEN'S CLUB OF CHESAPEAKE, INC. YF-41 OFFICERS WIVE'S CLUB Voting: 10-0 Council Members Voting Aye: John A. Baum~ Nancy A. Creech~ Robert E. Fentress, Mayor Harold Heischober~ Barbara M. Henley~ H. Jack Jennings, Jr., Louis R. Jones~ Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf* Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. *Verbal Aye August 12, 1985 - 36 - Item II-L.8 CONSENT AGENDA ITEM # 24041 Upon motion by Concilman Baum, seconded by Councilman Fentress, City Concil ADOPTED an Ordinance authorizing Tax Refunds in the amount of $3,714.68 upon application of Certain Persons and upon Certification of the City Treasurer for Payment. Voting: 10-0 Council Members Voting Aye: John A. Baum~ Nancy A. Creech~ Robert E. Fentress, Mayor Harold Heischober~ Barbara M. Henley~ H. Jack Jennings, Jr., Louis R. Jones~ Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf* Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. *Verbal Aye August 12, 1985 AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty Int. Year of Tax Number tion No. Paid Total Wayne W & Sherry Cook 83 RE(l/2) Kempsville Lake #l 85 RE(2/2) R G Hoore Bldg Corp 85 RE(l/2) R G Moore Bldg Corp 85 RE(2/2) Southeastern Centers 85 RE(l/2) Southeastern Centers 85 RE(2/2) Guillermo & Blandine Espejo 85 RE(2/2) MGM Associates 85 RE(l/2) MGM Associates 85 RE(2/2) Nat Warren Contracting Co 85 PP Judith L Rex 85 PP Eugene Taylor III 84 PP Rose B Greene 85 PP John Ocskai 85 PP Harold L Hulion 85 PP Harold L Hulion 85 PP Harold L & Margaret Hulion 85 PP Debra H Britt 85 PP Pitney Bowes Credit Corp 85 PP 17034-4 4/1 3/85 95.86 47788-7 6/5/85 64.94 63552-8 12/5/84 . 12 63481-4 6/5/85 1 37.50 85996-5 12/5/84 364.78 85996-5 6/5/85 364.78 27820-9 6/3/85 1 4.88 61099-2 12/5/84 85.54 61099-2 6/5/85 85.54 11481 2-4 6/5/85 537. O0 1 31 543-4 6/5/85 30. O0 201831-6 4/9/85 16.64 63790-9 6/5/85 343.50 11 7941-1 5/23/85 30. O0 78256-4 6/5/85 43.50 78258-2 6/5/85 12.78 78257-3 6/5/85 220.50 18649-6 7/9/85 29.97 125456-1 6/5/85 1,236.84 Total 3,714.68 DEE. OF This ordinance shall be effective from date of adoption. The above abatement(s) totaling $3: 7 ]/,- ~ were approved by the Council of the City of Virginia Beach on the 12day of August, .1985 Ruth Hodges Smith City Clerk ~ .~~Cert' .dastopay en JoI~IT. Atk~ns(~r~, T~,~surer Approved as to form: . D~ aims~, City Attorney August 12, 1985 Item II-L.9 - 37 - CONSENT AGENDA ITEM # 24042 Upon motion by Councilman Baum, seconded by Councilman Fentress, City Council ADOPTED an Ordinance authorizng License Refunds in the amount of $823.34 upon application of Certain Persons and upon Certification of the Commissioner of the Revenue. Voting: 10-0 Council Members Voting Aye: John A. Baum,* Nancy A. Creech~ Robert E. Fentress, Mayor Harold Heischober~ Barbara M. Henley~ H. Jack Jennings, Jr., Louis R. Jones~ Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf* Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. *Verbal Aye August 12, 1985 FORM NO. C.A. 8 - 37a - AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penal ty Int. Total Year Paid Van Auken, Gary & Wareing, Tony T/A Station One Parking Lot 223 - 17th Street Va. Beach, VA 23451 1985 06/05/85 30.00 30.00 Texaco, Inc. T/A One Stop 3 Texaco Gas 3800 Pickett Rd., Gary Walt Fairfax, VA 22031 1985 Ward, Glenn T/A Bay Welding 3505 Cedar Grove Circle Va. Beach, VA 23452 06/05/85 755.67 1983 Audit 755.67 37.67 37.67 Certified as to Payment: ~ ~Rob~r~. Vaughan Commissioner of Revenue This ordinance shall be effective from date of adoption. The above abatement(s) totaling_ $823.34 were approved by the Council of the City of Virginia Beach on the 12. day of __ August , 19 85 Ruth Hodges Smith City Clerk August 12, 1985 - 38 - Item II-L.a. APPOINTMENTS ADD-ON ITEM # 24043 UpoL~ motion by Councilwoman Henley, City Council REAPPOINTED Nancy Lowe to the WETLANDS BOARD for a five year term beginning September 18, 1985, and ending September 30, 1990. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. August 12, 1985 - 39 - Item II-L.b APPOINTMENTS ADD-ON ITEM # 24044 City Council CONFIRMED REAPPOINTMENT by MAYOR HEISCHOBER of Lorraine M. Caldweli a~d Billy A. Franklin to the COMMUNITY CORRECTIONS BOARD; AND, REAPPOINTMENT by the CIRCUIT COURT of John L. Perry and Michael R. Rucker to the COMMUNITY CORRECTIONS BOARD. These REAPPOINTMENTS are for two year terms beginning September 1, 1985, and ending August 31, 1987. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. August 12, 1 Item II-M.1 - 40 - UNFINISHED BUSINESS ITEM # 24045 BACK BAY STUDY COMMISSION REPORT The City Manager introduced Jack Whitney, Chief of Comprehensive Planning, who presented the BACK BAY STUDY COMMISSION REPORT. In March 1985, City Council received a MANAGEMENT PLAN FOR BACK BAY in its final form. This report did not represent a completion of the task of preserving and enhancing BACK BAY, but was really a beginning. Jack Whitney advised he was presenting a STATUS REPORT concerning the implementation of the recommendations in the MANAGEMENT PLAN FOR BACK BAY. The BACK BAY STUDY COMMITTEE consisted of Councilwoman Barbara Henley, Council- man John Baom, and Director of Public Works, C. Oral Lambert. This Committee embarked on an analysis of the PLAN and priortized each of the forty (40) recommendations. The document entitled "BACK BAY WATERSHED MANAGEMENT PLAN RECOMMENDATIONS" was distributed to Council and contained an analysis and categorization of those recommendations (said document is hereby made a part of the record). The first section of this aforementioned document includes a division of PRIORITY. Eighteen (18) of those recommendations were considered "high priority.". Of those eighteen, nine have been implemented either in whole or part. Each recommendation is classified according to five (5) general categories: URBAN.DEVELOPMENT FLOOD PLAIN DEVELOPMENT AGRICULTURAL PRACTICES WATER QUALITY AND SALINITY CONTROL EROSISION AND SEDIMENTATION The COMMITTEE has continued to work in areas of funding request to implement certain recommendations in the PLAN. The COMMITTEE has also continued to provide liaison with various interest groups in perpetuating the goals and objects of the BACK BAY MANAGEMENT PLAN. The funding requests entail a SALT WATER PUMP OUTFALL 6,000 feet into an area of the BAY where CIRUCLATION is better. This request has been made of the STATE GAME COMMISSION and a resolution is anticipated at their meeting on August 23, 1985. The method of operating the PUMP has been changed to one more associated with rainfall and wind conditions in the WATERSHED. The water quality is sufficient to support a variety of water grasses. A proposal has been received from CORTELL AND ASSOCIATES to design and oversee the effort of reintroducing water grasses into the BAY. This proposal is being reviewed. Concerning the City's pilot program for drainage improvement in the PUNGO/BLACKWATER area, filter strips are being designed into the system. The COMPREHENSIVE PLAN ADOPTED January 23, 1985, contains threads from the BACK BAY PLAN specifically in the two study areas: COURTHOUSE/SANDBRIDGE and PUNGO/ BLACKWATER. The COMPREHENSIVE PLAN states, in explicit terms, the BACK BAY MANAGEMENT PLAN is intended to act in tandom with the COMPREHENSIVE PLAN to provide greater detail and guideance in decision making for those activites where actions or proposals occur within a specific watershed in the City. In the CAPITAL IM- PROVEMENT PROGRAM, we are also aware of the recommendations of the PLAN as to the inclusion and priortization of additional Capital Improvements inthe WATERSHED. The MASTER STEET AND HIGHWAY PLAN, GREEN LINE STUDY and COMPREHENSIVE STORM WATER MANAGEMENT PLAN include specific references to the PLAN. Activities of consultants will be guided in a large part by the BACK BAY MANAGEMENT PLAN. August 12, 1985 Item II-N.1. - 41 - NEW BUSINESS ITEM # 24046 Assistant City Manager for Administration Giles Dodd presented the CITY OF VIRGINIA BEACH INTERIM FINANCIAL STATEMENTS for the Period July 1, 1984, through June 30, 1985 (a copy of which is hereby made a part of the record). Mr. Dodd referenced EXHIBIT A on page 2.1 and advised the aforementioned report is UNADJUSTED. The total revenue is showing a 101% estimate for the year and EXPENDITURES in the GENERAL FUND are depicting 82.5% of the Estimate. Accruals of Revenue are still being received particularly in the GENERAL SALES TAX, UTILITY TAX as well as from the Commonwealth. Thus, these figures are NOT FINAL. August 12, 1985 Item II-N.2 - 42 - NEW BUSINESS ADD-ON ITEM # 24047 Mayor Heischober advised City Council of the WHITE HOUSE CONFERENCE ON SMALL BUSINESSES from August 17 to August 21, 1986. Twenty-four (24) Members have been elected to attend this CONFERENCE. Five of those elected are from the area of Hampton Roads. Councilwoman Nancy Creech and Van Cunningham of the Industrial Development Authority have been elected to represent Virginia Beach. August 12, 1985 Item II-N.~3 - 43 - NEW BUSINESS KEMPSVILLE ROAD PROJECT ITEM # 24048 ADD -ON The City Manager referenced the KEMPSVILLE ROAD PROJECT (Indian River Road to Centerville Turnpike). The City is in the process of acqoiri~g the right-of-way aL~d has been advised they most CERTIFY by August Fifteenth that the necessary funds are available. An additional appropriation of approximately $345,000 will be needed until the new CAPITAL IMPROVEMENT PROGRAM can be presented for City Council con- sideration. Same will appear o~ Council's AGENDA August 19, 1985. Item II-N.4 NEW BUSINESS ITEM # 24049 VIRGINIA BEACH SCHOOL BOARD ADD-ON The City Manager advised he had CONFIRMED will all Members of Council the JOINT CITY COUNCIL/SCHOOL BOARD MEETING to be held in the CITY COUNCIL CONFERENCE ROOM at 11:00 A.M., August 19, 1985. Item II-N.~_ NEW BUSINESS ALIGNMENT OF PROPERTY/ FIRST COLONIAL ROAD ADD-ON ITEM # 24050 The City Manager referenced a new proposal regarding ALIGNMENT of development on the property behind VIRGINIA BEACH GENERAL HOSPITAL off First Colonial Road. project had been APPROVED by Council previously. Changes concerning same will be presented to Council August 19, 1985. This August 12, 1985 Item II-O. ADJOURNMENT Uon motion by Cooncilman Jennings, and BY ACCLAMATION, City Cooncil ADJOURNED the meeting at 6:35 p.m. Beverl~ O~ Hooks Chief Deputy City Clerk __R~h Hodges Smit~, CMC City Clerk M~yor 'Ha~l~ Hei~ch-ob~ '~ - ~ City of Virginia Beach Virginia /bh A~gost 12, 1985