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HomeMy WebLinkAboutDECEMBER 16, 1985 MINUTES "WORLD'S LARGEST RESORT CITY" Cny COUNCIL MAYOR HAROLD HEISCHORER. At VICE-MA YOR REBA S. MCLANAN, P.-.. A- B-oh JORNA. BAVU. Bi.@@ B-gh NANCY A. CREECH A, L-v ROBFRT E. @, V@9- B-A B-gA U?BARA M. RENLEY. P..p B-gh JA rK JENNINGS. JR.. L@ B-gh )UIS R. JONES, By@ B-gh )BERT G. JOARES, At L-9. J. HENRY MCOY. JR., K-P.@ B-gh MEYERA E. OBERNDORF. At L-g. t8l CRIY HALL BURLDIVG RUTH HODGES SMNW. CMC, City Cl-k CITY COUNCIL AGENDA MUNICIPAL C@ VIRGINIA WACH. VIRCRNIA W4".m l8M]4f7.4W3 December 16, 1985 Virginia Beach City Council BRIEFING Tidewater Regional Transportation District 10:00 AM ITEM 1. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 11:00 AM A. CALL TO ORDER - Mayor Harold Heischob6r 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: Rabbi Israel Zoherman Reform Jewish Congregation 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 Agenda E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS F. MINUTES 1. Motion to accept/approve tbe Minutes of December 9, 1985 G. PRESENTATIONS 1. City Employee HALL OF FAME a. C. Mac Rawls b. Cecil B. Leary, Jr. C. Deborab V. McBride d. David C. Sullivan H. PROCLAMATION 1. Drunk and Drugged Driving Awareness Week December 15-21, 1985 I. PLANNING I . FINAL CLOSURE: Ordinance closing, vacating and discontinuing a portion of Ranger Street in the petition of Roland R. and Virginia L. Copeland (Kempsville Borougb). This item was deferred @May 20, September 16 and December 9, 1985. 2. Applications of II Memory Bank Inc. for changes of zoning on tbe North side of Old Dam Neck Road and East of Dyer @Zoad (Princess Anne Borough): From AG-1 Agricultural District to R-6 Residential District on a 73.1 acre parcel. AND, From AG-2 Agricultural District to R-6 Residential District on an 84.1 acre parcel; Recommendation: NONE, Due to Tie Vote AND, Application of James A. Beasley, Jr. for a change of zoning from AC-2 Agricultural District to R-6 Residential District on a 38.14 acre parcel locat:ed at the Southwest corner of Dam Neck Road and Dwyer Road (Princess Anne Borough). Recommendation: NONE, Due to Tie Vote 3. Applications of Oglesby-Arnhold Realty Ltd. for a changes of zoning (Princess Anne Borough): From R-5 Residential District to PD-H2 Planned Unit Development District on 117.9 acre parcels located on th('- North and South sides of Holland Road, 310 feet more or less East of Delft Drive; AND, Parcels along North Landing and Princess Anne Roads: From AG-1 Agricultural District to R-5 Residential District on a 3.4 acre parcel; AND, From AC-2 Agricultural District to R-5 Residential District on an 11.3 acre parcel; Recommendation: APPROVAL AND, From AG-1 Agricultural District to B-1 Business-Residential District on a 17,424 square foot parcel; AND, From AG-2 Agricultural District to B-1 Business-Residential District on a 3.9 acre parcel Recommendation: DENIAL 4. Applications of Service Merchandise Company, Inc. d/b/a Mr. How Warehouse on a 12.35 acre parcel located at the Southeast corner of Virginia Beach Boulevard and I(ellam Road (Rayside Borough): Change of zoning from B-3 Central-Business District to B-2 Community-Business Distrct AND, Conditional use permit for outdoor storage Recommendation: DENIAL 5. City of Virginia Beach requests Ordinances to amend and reordain the Comprehensive Zoning Ordinance: Article 1, Section Ill pertaining to definitions of communication towers and satellite dish antenna; Article 2, ADDING Section 227.5 pertaing to communications towers and DELETING Section 235 pertaining to television and line-of-sight relay devices. Article 2, ADDING Section 270 pertaining to satellite dish antennas; Article 3, Section 301(c) pertaining to communication towers; Article 4, Section 401(c) pertaining to communication towers; Article 5, Section 501(c) pertaining to communication towers; Article 6, Section 601(c) pertaining to communication towers; Article 8, Section 801(c) pertaining to communication towers; Article 9, Section 910(c) pertaining to communication towers; Article 10, Section 1001(c) and 1011(c) pertaining to communication towers Recommendation: APPROVAL J. RESOLUTIONS - INDUSTRIAL DEVELOPMENT REVENUE BONDS I Resolution approving issuance of Industrial Development Revenue Bonds to: Pembroke Court Associates 1985 $20,000,000 Mt. Trashmore Associates 1,425,000 Lynnhaven Corporate Plaza I 10,000,000 Lynnhaven Corporate Plaza 11 10,000,000 Lynnhaven Corporate Plaza III 10,000,000 Gordon A. Rudolph 3,500,000 Providence Development Associates 550,000 James H. & Clara E. Capps 1,858,000 2. Ordinance to amend and reordain Section 37-7 and ADD Sections 27-7.1 and 37-7.2 to the Code of the City of Virginia Beach, Virginia, pertaining to tap and meter installation fees and water resource recovery fees K. RESOLUTION/ORDINANCE 1. Resolution to provide direction to the Planning Commission, the Resort Area Advisory CoTnmission and the City Manager with respect to continuing planning necessary for the Resort Revitalization 2. Resolution to provide Health Care Coverage to Virginia Beach City Employees who retire prior to age 65 with at least 25 years of service credit 3. Ordinance to amend and reordain Sections 2-119 and 2-120 of the Code of the City of Virginia Beach, Virginia, pertaining to Sick Leave 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 to induct into the City's HALL OF FAME: a. C. Mac Rawls b. Cecil B. Leary, Jr. c. Deborah V. McBride d. David C. Sullivan 2. Ordinance to authorize acquisition of property in fee simple for right of way for Rudee Inlet dredging and the acquisition of temporary and permanent easements of right of way, either by agreement or by condemnation 3. Ordinance to authorize the acquisition of property in fee simple for the Linkhorn Park site and the acquisition of property either by agreement or by condemnation; AND, Transfer the necessary funds for said acquisition of land for said park site 4. Ordinance to amend and reordain the Code of the City of Virginia Beach, Virginia, by ADDING Section 33-114, pertaining to encroachment applications 5. Ordinance to amend and reordain Chapter 23 of the Code of the City of Virginia Beach, Virginia, by ADDING Section 23-7.1 pertaining to providing identification to police of f icer 6. Ordinance autliorizing the City Manager to execute a deed of dedication and vacation between Pembroke Square Associates and the City of Virginia Beach 7. Ordinance, upon SECOND READING, to appropriate $117,703 from the General Fund to the School Board. 8. Ordinance upon FIRST READING to accept and appropriate $20,000 from Chapel Hill Associates for recreational facilities in the Jamestown Subdivision 9. Ordinance to transfer $150,800 from within the Department of Public Works for Photogrammetric Services Contract 10. Ordinance to authorize a temporary encroachment into a portion of City property known as site of Fire Station #9 at South Witchduck Road to Arthur Bulman, Jr., his heirs, assigns and successors in title 11. Request for 60-day extension for coilipliance an Ordinance closing, vacating and discoitinuing a portion of 22nd Street in the petition of Runnington Investment Corporation 12. Bingo/Raffle Permits: Virginia Beach General Hospital Auxiliary Raffle Sisterhood of Kehi@t Bert Hamidrash Bingo/Raffle Tidewater Center for Human Growth, Inc. Bingo/Raffle 13. Ordinance authorizing tax refunds in the amount of $885.61 M. APPOINTMENTS 1. Advertising Selection Committee 2. Building Code Appeals Board 3. Community Services Board 4. Development Authority 5. Frances Land House Board of Governors 6. Planning Commission 7. Plumbing & Mechanical Appeals Board 8. School Board 9. Southeastern Virginia Area-Wide Model Program (SEVAMP) 10. Tidewater Community College Board 11. Tidewater Stadium Authority 12. Virginia Beach Community Development Corporation 0. NEW BUSINESS P. ADJOURNMENT CITY COUNCIL REGULAR SESSION DECEMBER 23, 1985 CANCELLED M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia B R I E F I N G TIDEWATER REGIONAL TRANSPORTATION DISTRICT 10:15 A. M. December 16, 1985 The BRIEFING was called to order by Mayor Harold Heischober in the Conference Room on December 16, 1985, at 10:15 P.M. Mr. Jack Whitney, Chief of Comprehensive Planning, distributed a BRIEFING PACKAGE concerning the OCEANFRONT VISITOR AND TRAVEL CENTER. Said information is hereby made a part of the record. This information consisted of Descriptive Material which outlined the three Options, Financial Information, and Statements of Review and Recommendation. This material is focused on OPTION C: This option expands the development concept of Option B to add the block immediately to the west of the Dome. Improvement and expansion of several City agencies such as the Fire Department, Rescue Squad, Health Department, and the Police Department are included in this option, to create a muncipal center in the oceanfront area. Preliminary space requirements and layouts of this option are being prepared for review by the city. Arnold Rosenberg, Parsons, Brinkerhoff, Quade and Douglas, spoke concerning the Consultants review of the various financing options available for joint co-operative effort toward the development of the Center. The DOME will be relocated and no longer serve the purposes of a general meeting hall. The Dome Is proposed to become an open transit concourse and serve as the primary structure around which the transit and pedestrian activities are organized. All the infrastructure work would be financed through TRT. The relocation of the DOME would be financed through TRT. The upgrading and architectural improvements and landscaping of the DOME would be finanaced through TRT. B R I E F I N G (Continued) The City Manager reiterated the following costs: Construction Costs $ 7,992,000 Capitalized Interest (2) 725,000 Funding Debt Service Reserve (3) 1,160,000 Bond Insurance Premium, Other Costs of Insurance and Under Writers Discount 400,000 Total Principal Amount of Certificates $10,277,000 The City Manager further reiterated over a sixteen (16) year period: Principal Interest Total Payments $10,277,000 $8,283,000 $18,560,000 James Ricketts, Co-ordinator and Manager of the PAVILION also spoke concerning this item. One item not reflected in this Schedule of Payments is the RESERVE of approximately $1 MILLION. If this Reserve should be invested at 10%, that return would be $100,000 a year which would reduce the City's payments over the term. The City could invest same to one and one-half points above the interest that is being paid and to help decrease the payments. James Echols, Excutive Director of the Tidewater Regional Transit Authority, and Michael Barrett, Executive Director of the Virginia Beach Resort Area Advisory Commission, also responded to Council's inquiries. City Council requested the Staff provide additional information concerning: 1. Justification of needs as two projects referenced were not in the CAPITAL IMPROVEMENT PROGRAM. 2. Cost Estimate for the DOME improvements. 3. Cost Data for OPTIONS I and 2. 4. Parking Space requirements reflecting the actual number involved. 5. Description of the proposed uses of the DOME. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 16, 1985 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Heischober in the Conference Room, City Hall Building, on Monday, December 16, 1985, at 11:45 P.M. 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 - 2 - ITEM # 24684 Mayor Heischober entertained a motion to permit Council to conduct its EXECUTIVE SESSION pursuant to Secton 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Louis Jones, seconded by Councilman Jack Jennings, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 3 - R E G U L A R S E S S I 0 N VIRGINIA BEACH CITY COUNCIL December 16, 1985 2:15 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, December 16, 1985, at 2:15 P.M. 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: Rabbi Israel Zoberman Reform Jewisb Congregation PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 4 - CITY MANAGER'S ADMINISTRATIVE ITEMS Item II-D.1 CONSENT AGENDA ITEM # 24685 Councilwoman Creech advised she will VEELBALLY ABSTAIN on an Ordinance to authorize acquisition of property in fee simple for right-of-way for Rudee Inlet dredging and the acquisition of temporary and permanent easements of right-of-way, either by agreement or by condemnation.(See Item II-L.2 of the Consent Agenda). Item II-D.2 CONSENT AGENDA ITEM # 24686 Councilman Baum referenced an Ordinance to authorize the acquisition of property in fee simple for the LINKHORN PARK site and the acquisition of property either by agreement or by condemnation; AND, Transfer the necessary funds for said acquisition of land for said park site. (See Item II-L.3 of the Consent Agenda). Councilman Baum wished this item pulled for discussion. Item II-D.3 CONSENT AGENDA ITEM # 24687 Councilwoman Henley referenced an Ordinance, upon FIRST READING, to accept and appropriate $20,000 from CHAPEL HILL ASSOCIATES for recreational facilities in the JAMESTOWN SUBDIVISION. (See Item II-L.8 of the Consent Agenda). Councilwoman Henley was advised the Swimming Pool would be utilized city-wide and not restricted to this particular area. Councilwoman Henley further referenced an Ordinance to transfer $150,800 from within the Department of PUBLIC WORKS for PHOTOGRAMMETRIC SERVICES CONTRACr. (See Item II-L.9 of the Consent Agenda). The Staff advised completion date of this project would be approximately eighteen (18) months. 5 Item II-F.1 MINUTES ITEM 24688 Upon motion by Councilwoman Creech, seconded by Councilwoman Henley, City Council APPROVED the Minutes of December 9, 1985. Voting: 8-0 Council Members Voting Aye: 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 J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Abstaining: John A. Baum, Robert G. Jones and Meyera E. Oberndorf Council Members Absent: None December 16, 1985 6 Item II-G.1 PRESENTATIONS ITEM 24689 The Mayor presented RESOLUTIONS inducting into the VIRGINIA BFACH CITY EMPLOYEE HALL OF FAME: C. MAC RAWLS CECIL B. LEARY, JR. DEBORAH V. McBRIDE DAVID G. SULLIVAN David Sullivan was unable to attend. Mayor Heischober acknowledged their outstanding contributions. These employees had been previously recognized for their efforts at the CITY EMPLOYEE SERVICE AWARDS. - 7 - Item II-G.2 PRESENTATION ITEM # 24690 Mayor Heischober presented a RESOLUTION IN APPRECIATION to DIANE C. ROCHE This RESOLUTION recognized her contributions as 1985 UNITED WAY CAMPAIGN COORDIINATOR. Diane Roche's endeavors and many long hours of work made this year's UNITED WAY CAMPAIGN a success. Item II-H.1 PROCLAMATION ITEM 24691 Mayor Heischober PROCIA@ the week of December 15 - 21, 1985 as: DRUNK AND DRUGGED DRIVING AWARENESS WEEK Mrs. Lillian DeVenney, Chairman of the AD HOC TASK FORCE ON DRUNK DRIVING ACCEPTED this PROCLAMATION. This PROCLAMATION urged National Awareness of the problems of drunk and drugged driving. December - 8a - 4b ria,rtamattion WHEREAS, traffic crashes are the leading cause of violent deaths in the UniLed SLaLe,,i--illul-(. han 50,000 iri 1980; and WHEREAS, traffic crashes also play a substantial role iri seriou,, in juriLs, causitig MUSL ot@ he new cases of epilepsy and paraplegia i(i Lhe United SLaLes each year; arid WHEREAS, between 45 and 55 peicent of fatally injured drivers have alcohol concentrations i heir bluod above the leqal limit, wilh ttiis level risifig Lu 55 tu 65 percerit iii rashes; and WHEREAS, the total cost to suciety c)f drunk driving, riol iricludiiiy Lhe hunian sufflririg thal ari never be measured, is eslimated Lo be as high as $25 billiun a yeaf,; arid WHEREAS, the reparts of collisions involving drivers who have used preticr,iptiori cir illegal rugs are inereasing; and WHEREAS, there has been a grouiidswell of national and local activities aimed at these prob- ems through citizens' gruups, task force8, and Lhe Presidetitial Cuiriiiiigsion oti Drunk Di,ivin(j; iii,: WHEREAS, increased public knowledye about the gravity of the problem of drunk and drugged riving riiay convince alcohol and drug users to refrain frc)m driving, and iitliy stiniulale inLUL'utiL n research about effects of drugs uri drivirig ability and the incidence of traft'ic crashes; and WHEREAS, national awareness of the problems of drunk atid drugged drivinij may help to sus- ain current efforts to develop comprehetisive solutions at the slate arid local levels; and WHEREAS, the Christmas and New Year's holiday period is a parlicularly Lippr(jpriate t iiiie tri ocus national and local attention on this critical probleni, because more drivers are (in Lhe oads, more social functions are attended, and more traffic collisions occur; NOW, THERERORE, 1, Harold Heischober, Mayor of the City of Virginia Beach, do hereby join ith the United States Congress, the President of the United States, guvernors, and uther mayors cross the nation in proclaimino the week of DECEMBER 15-21, 1985 as DRUNK AND DRUGGED DRIVING AWAftENESS 61EEK n the City of Virginia Beach and support national and local observarices thereof, and realind our ellow citizens that safety belts and child safety seats are our best defense against all the azards of the road. IN WITNESS WHEREOF, 1 have hereunlo set my hand and caused Lhe seal of the City of Virginia ach to be affixed this sixteenth day of December, nineteen hundred and eighty-five. I I ? 1. @ l@@14 @, @, ,,,/ o, Heischober 1- Mayor 9 Item II-I.1 PLANNING ITEM # 24692 FINAL APPROVAL of an Ordinance closing, vacating and discontinuing a portion of Ranger Street in the petition of ROLAND H. AND VIRGINIA L. COPELAND was DELETED from the Agenda. This item was erroneously placed on the AGENDA, as City Council had AUTHORIZED FINAL APPROVAL on December 9, 1985. December 16, 1985 - 10 - Item II-I.2 PLANNING ITEM # 24693 Attorney Grover Wright represented the applicant Upon motion by Vice Mayor McClanan, seconded by Councilman Robert Jones, City Council ADOPTED Ordinances upon application of II MEMORY BANK, INC. for Changes of Zoning: ORDINANCE UPON APPLICATION OF II MEMORY BANK, INC. FOR A CHANCE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 TO R-6 Z012851047 BE IT HEREBY ORDAINED BY THE COUNCIL FOR THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of II Memory Bank Inc., for a Change of Zoning District from AG-1 Agricultural to R-6 Residential District on certain property located 600 feet north of Old Dam Neck Road, 600 feet east of Dwyer Road. Said parcel contains 73.1 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. A N D ORDINANCE UPON APPLICATION OF II MEMORY BANK, INC., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO R-6 Z012851048 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of II Memory Bank, Inc., for a Change of Zoning District Classification from AG-2 Agricultural District to R-6 Residential District on certain property located on the north side of Old Dam Neck Road, 250 feet more or less east of Dwyer Road. Said parcel contains 84.1 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. Dedication of right-of-way along the frontage on Old Dam Neck Road to provide for an ultimate 66-foot right-of-way in accordance with the Master Street and Highway Plan and with the alignment on file in the City Engineer's Office. 2. A five-foot dedication of right-of-way along the frontage on Dwyer Road to provide for a standard 50-foot right-of-way. This condition will not be required if Dwyer Road is relocated within the project. 3. Density shall be limited to three (3) units per acre. 4. Noise disclosure shall be made in all contracts. 5. Property is to be developed substantially in accord with the Site Plan presented to City Council December 16, 1985. 6. Shrubbery and Trees shall be provided as a buffer along Dam Neck Road and trees shall be replaced wherever possible. 7. Agreement shall be recorded with the Clerk of the Circuit Court encompassing the Covenants and Conditions of the approval of this application. Item II-I.2 PLANNING ITEM 24693 (Continued) These Ordinances shall be effective uon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixteenth day of December, Nineteerl Hundred and Eighty-five. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S- and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None This Ordinance was ADOPTED in conjunction with Ordinance upon aplication of JAMES A. BEASLEY, JR. for a Change of Zoning. - 12 - Item II-1.2b. PLANNING ITEM # 24694 Attorney Grover Wright represented the applicant Upon motion by Vice Mayor McClanan, seconded by Councilman Robert Jones, City Council ADOPTED an Ordinance upon application of JAMES A. BEASLEY, JR. for a Change of Zoning: ORDINANCE UPON APPLICATION OF JAMES A. BEASLEY, JR., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO R-6 Z012851049 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon applicaton of James A. Beasley, Jr. for a Change of Zoning District Classification from AG-2 Agricultural District to R-6 Residential District on certain property located at the southwest corner of Dam Neck Road and Dwyer Road. Said parcel contains 38.14 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. Dedication of right-of-way along the frontage on Dam Neck Road 47 feet from the centerline of the original right-of-way to provide for an ultimate 94-foot right-of-way in accordance with the Master Street and Highway Plan and the Virginia Beach Bikeway Plan. 2. A five-foot dedication of right-of-way along the frontage on Dwyer Road to provide for an ultimate 50-foot right-of-way. This condition will not be required if Dwyer Road is relocated. 3. Density shall be limited to three (3) units per acre. 4. Noise disclosure shall be made in all contracts. 5. Property is to be developed substantially in accord with the Site Plan presented to City Council December 16, 1985. 6. Shrubbery and Trees shall be provided as a buffer along Dam Neck Road and trees shall be replaced wherever possible. 7. Agreement shall be recorded witb the Clerk of the Circuit Court encompassing the Covenants and Conditions and the approval of this application. This Ordinance was ADOPTED in conjunction with Ordinances upon application of 11 MEMORY BANK, INC. for Changes of Zoning. December 16, 1985 - 13 - Item II-I.2b PLANNING ITEM # 2469 4 (Continued) This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixteenth day of December, Nineteen Hundred and Eighty-five. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 14 - Item II-I.3 PLANNING ITEM # 24695 Attorney Robert Cromwell represented the applicant Upon motion by Vice Mayor McClanan, seconded by Councilman Jennings, City Council DEFERRED until the Planning Commission submits report to Council in January concerning PD-H2 or not later than the earliest possible meeting in February, applications of OGLESBY-ARNHOLD REALTY LTD. for Changes of Zoning: ORDINANCE UPON APPLICATION OF OGLESBY-ARNHOLD REALTY LTD. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 to PD-H2 Ordinance upon application of Oglesby-Arnhold Realty Ltd., for a Change of Zoning District Classification from R-5 Residential District to PD-H2 Planned Unit Development District on certain parcels located on the north and south side of Holland Road, 310 feet more or less east of Delft Drive. Said parcels contain 117.9 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF OGLESBY-ARNHOLD REALTY LTD., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 TO R-5 Ordinance upon application of Oglesby-Arnhold Realty Ltd., for a Change of Zoning District Classification from AG-1 Agricultural District to R-5 Residential District on certain property located 600 feet north of Princess Anne Road, 4400 feet more or less west of North Landing Road. Said parcel contains 3.4 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF OGLESBY-ARNHOLD REALTY LTD., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AC-2 TO R-5 Ordinance upon application of Oglesby-Arnhold Realty Ltd., for a Change of Zoning District Classification from AG-2 Agricultural District to R-5 Residential District on certain property located on the north side of Princess Anne Road, 4480 feet west of North Landing Road. Said parcel contains 11.3 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. December 16 1985 - 15 - Item II-I.3 PLANNING ITEM # 24695 (Continued) ORDINANCE UPON APPLICATION OF OGLESBY-ARNHOLD REALTY LTD., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 TO B-1 Ordinance upon application of Oglesby-Arnhold Realty Ltd., for a Change of Zoning District Classification from AG-1 Agricultural District to B-1 Business-Residential District on certain property located 600 feet north of Princess Anne Road, 4100 feet more or less west of North Landing Road. Said parcel contains 17,424 square feet more or less. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF OGLESBY-ARNHOLD REALTY LTD., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO B-1 Ordinance upon application of Oglesby-Arnhold Realty Ltd., for a Change of Zoning District Classification from AG-2 Agricultural District to B-1 Business-Residential District on certain parcels located on the north side of Princess Anne Road, 4170 feet more or less west of North Landing Road and on a parcel located 483 feet north of Princess Anne Road, 4170 feet more or less west of North Landing Road. Said parcels contain 3.9 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None 16 - Item II-I.4 PLANNING ITEM 24696 Ronald M. Campbell, Project Administrator, represented the applicant The City Clerk referenced letters dated November 22, 1985, from Ronald M. Campbell requesting DEFERRAL of said application and letter of December 9, 1985, again requesting DEFERRAL and noting compliance of E. Kenneth Day. (Said letters are hereby made a part of the record). Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council DEFERRED until the City Council Meeting of January 27, 1985, Ordinances upon application of SERVICE MMCRANDISE COMPANY, INC. d/b/a MR. HOW WAREHOUSE for a Change of Zoning: ORDINANCE UPON APPLICATION OF SERVICE MERCHANDISE COMPANY, INC. d/b/a MR. HOW WAREHOUSE FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-3 TO B-2 Ordinance upon application of Service Merchandise Company, Inc., d/b/a Mr. How Warehouse, for a Change of Zoning District Classification from B-3 Central-Business District to B-2 Community-Business District on property located at the southeast corner of Virginia Beach Boulevard and Kellam Road. Said parcel is located at 4725 Virginia Beach Boulevard and contains 12.35 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF SERVICE MERCHANDISE COMPANY, INC., d/b/a MR. HOW WAREHOUSE, FOR A CONDITIONAL USE PERMIT Ordinance upon application of Service Merchandise Company, Inc., d/b/a Mr. How Warehouse, for a Conditional Use Permit for outdoor storage on property located at the southeast corner of Virginia Beach Boulevard and Kellam Road. Said parcel is locatd at 4725 Virginia Beach Boulevard and contains 12.35 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. - 17 - Item II-I.4 PLANNING ITEM # 24696 (Continued) Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 16, 1985 - 18 - Item 11-I.5 PLANNING ITEM # 24697 Vice Mayor McClanan suggested adding the word "height" before the word "requirements" in Section (9) on the last page of an Ordinance to Amend and Reordain Article 2, part C of the Comprehensive Zoning Ordinance by Repealing Section 235 pertaining to Television or other Broadcasting Stations and Line-Of-Sight Relay Devices, and By Adding Section 227.5 pertaining to COMMUNICATION TOWERS. Council agreed that in areas of the City not served by Cable, households must resort to a type of Satellite Dish Antenna. There should be a different set of criteria. The Director of Planning suggested addressing the Agricultural Areas concerning this Ordinance. Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council DEFERRED for further consideration and recommendations by the Department of Planning and the Planning Commission: ORDINANCES TO AMEND AND REORDAIN THE COMPREHENSIVE ZONING ORDINANCE: ARTICLE 1, SECTION 111 PERTAINING TO DEFINITIONS OF CO@ICATION TOWERS AND SATELLITE DISH ANNTENNA; ARTICLE 2, ADDING SECTION 227.5 PERTAINING TO COMMUCATIONS TOWERS AND DELETING SECTION 235 PERTAINING TO TELEVISION AND LINE-OF-SIGHT RELAY DEVICES. ARTICLE 2, ADDING SECTION 270 PERTAINING TO SATELLITE DISH ANTENNAS; ARTICLE 3, SECTION 301(c) PERTAINING TO COMMUNICATION TOWERS; ARTICLE 4, SECTION 401(c) PERTAINING TO COMMUNICATION TOWERS; ARTICLE 5, SECTION 501(c) PERTAINING TO COMMUNCIATION TOWERS; ARTICLE 6, SECTION 601(c) PERTAINING TO COMMUNICATION TOWERS; ARTICLE 8, SECTION 801(c) PERTAINING TO COMMUNICATION TOWERS: ARTICLE 9, SECTION 910(c) PERTAINING TO COMMUNICATION TOWERS; ARTICLE 10, SECTION 1001(c) AND 1011(c) PERTAINING TO COMMUNCATION TOWERS. 19 - Item II-I.5 PLANNING ITEM 24697 (Continued) Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creecht Robert E. Fentress, Barbara M. Henley, Louis R. Jones, Robert G. Jones! Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: Mayor Harold Heischober and H. Jack Jennings, Jr. Council Members Absent: None *Verbal Aye - 20 - Item II-J.l.a. ITEM # 24698 RESOLUTIONS - INDUSTRIAL DEVELOPMENT REVENUE BONDS Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council ADOPTED tbe Resolution approving tbe issuance of INDUSTRIAL DEVELOPMENT REVENUE BONDS to: PEMBROKE COURT ASSOCIATES 1985 $20,000,000 Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech -20a - SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME Pembroke Court Associates 1985 2. LOCATION: 4600 Soho Court Virginia Beach, Virginia 3. DESCRIPTION OF PROJECT: 458 unit multi-family resi- dential housing complex 4. AMOUNT OF BOND ISSUE: $20,000,000.00 5. PRINCIPALS: Great Atlantic Management Charles Stoneham 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property A-2 b. Is rezoning proposed? Yes No X C. If so, to what zoning classification? GKQ.SS.PEMBROKE.10/28/85 FISCAL IMPACT STATEMENT SUBMITTED TO , CITY OF VlkC@llilA BEACH DEVELOPMENI AUTHOkilY Ddte: October 30, 1981, The undersigned Chairman states, in coijipliance witil @lectiul@ 15.1-1 16.2, Code of Virginia of 1950: Naiiie of Applicant: Pembroke Court Associates 1985 Facility: Unit Multi-Family Housing Project i. Mdxinium aiiiount of finincing sought $20,000,000.60 2. Estiflidted taxable value of the facility's real property to be constructed in the City of Virginia Beach S17,'@@25,000.(@o Estiinated redi pruperty tdX per yedr usifig present tax rdte@ $ 13 7 , @iUO. (io 4. Estipi,ited persondl property tax per year using present tax rdtes $ - 0 --- S. Estiiiidted business license (in lieu of iiierciidnts' capital) tax per yedr using pi,esent tdx rates $ - 0 - (I. Estiiiiited dollar vciluc per year of qoods and services ttidt will be [)UI-Chdsed locally $ I'@O,Oou. 7. ElltilTidted nuniber of regular employees on yeit, round basis t'. Averdge annudl salary per ealployee $ @i,obo.oo CITY OF VIRGINIA BEA('IF DEVELUi'ML'NT AU'I'HOI<I'I'Y By: i, L /' t @-+ . " Chairinan GNQ.FIS.COUkT.10/29/65 V@ 7 L;' i D ,DE ENCE PROJECT NAME: Pembroke Court Associates 1985 PROJECT ADDRESS: 4600 Soho Court Virginia Beach, Virginia TYPE OF PROJECT: 458 unit multi-family residential rental complex A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the 18th day of November, 1985. Concilman Councilman on motion by Jennings and seconded by Fentress the following Resolution was adopted. RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO PEMBROKE COURT ASSOCIATES 1985 WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the "Authority"), has considered the application of Pembroke Court Associates 1985 (the "Purchaser"), for the issuance of the Authority's housing revenue bond or bonds in an amount estimated at $20,000,000 (the "Bonds") to assist in the financing of the Purchaser's acquisition, renovation and operation of a 458-unit multi-family residential rental complex (the "Project") in the City of Virginia Beach, Virginia; 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 (the "Code"), and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the "Virginia Code"); and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon 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 issuance of the Bonds by the Authority, for the benefit of the Purchaser, to the extent required by Section 103(k) of the Code and Sectioh 15.1-1378.1 of the Virginia Code, to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds, as required by Section 103(k) of the Code and Sectiorl 15.1-1378.1 of the Virginia Code, 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 froifl 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 December 16, 1985. GKQ.RESO.PEMBROKE.10/28/85 - 2 - 21 - Item II-J.b/c/d/e/f/g/h ITEM # 24699 RESOLUTIONS - INDUSTRIAL DEVELOPMENT REVENUE BONDS Upon motion by Councilman Baum, seconded by Councilman Robert Jones, City Council ADOPTED the Resolutions approving the issuance of INDUSTRIAL DEVELOPMM REVENUE BONDS to: MOUNT TRASHMORE ASSOCIATES $ 1,425,000 LYNNHAVEN CORPORATE PLAZA I 10,000,000 LYNNHAVEN CORPORATE PLAZA II 10,000,000 LYNNHAVEN CORPORATE PLAZA III 10,000,000 GORDON A. RUDOLPH 3,500,000 PROVIDENCE DEVELOPMENT ASSOCIATES 550,000 JAMES H. & CLARA E. CAPPS 1,858,000 Voting: 9-1 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: H. Jack Jennings, Jr. Council Members Absent: Nancy A. Creech SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Mt. Trashmore Associates 2. LOCATION: 479-481 Edwin Drive Virginia Beach, Virginia 23462 3. DESCRIPTION OF PROJECT: 11,000 square foot medical/dental office and health care facility 4. AMOUNT OF BOND ISSUE: $1,425,000 Paul M. Brickman 5. PRINCIPALS: James G. Evans Allen R. Fenderson -T.niii-c; J. Marconvak Robert D. Pellerin stephen B. Stroud -Mark R. Winters 6. ZONING CLASSIFICATION: a. Present zoning classification of the 0-1 Office District Property b. Is rezoning proposed? Yes No X C. If so, to what zoning classification? N/A FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: @it. Trashmore Associates Project TYPE OF FACILITY: Medical/Dental office Facility 1. maximum amount of financing sought $ 1 4 2 5 , 0 0 0 2. EStimated taxable value of the facility's real property to be constructed in the municipality $ 1 , 00 8 , 0 00 3. Estimated real property tax per year using present tax rates $ 8,064 4. Estimated personal property tax per year using present tax rates $ 8,415 S. Estimated merchants' capital (-.usi@aess license) tax per year using present tax rates $ 2 4 , 5 0 0 6. Estimated dollar value per year oE goods and services that will be purchased locall., $ 30 7 , 00 0 7. Estimated number of regular employees on year round basis $ 14* B. Average annual salary per employee $ 14 300 The inforoiation contained in this Statement is based solely on facts and estimates provided by the A-3licant, and the z Authority has made no independent investigation with repect thereto. City of Virginia Beach Development Authority r By Chairman *Roprosents now jobs generated by project only. Economic Impact Statement 1. Amount of investment $-1,425,000 2. Amount of industrial revenue bond financing sought $-1,425,000 3. EstimAted taxable value of the facil@ty's real property to be constructed in the City of Virlin la B6ach $ 1,008,000 4. Estimated real property tax per year using present tax rate $ 8,064 5. Estimated personal property tax $- 8,415 6. Economic impact statement demonstrating the overall return to the city: A. Number of new jobs 14 B. Payroll generated $ 200,000 Av. Wage $ 14,300 C. Number of jobs retainbd 22 D. Payroll retained $ 540,000 Av- Wage $ 24,500 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 Office supplies $ 54,400 @f- a-I @s & ins.--$ 5s,@ Equipment & inventory $ 271,000 Motor vehicles $ 7 8 , 00 0 TOTAL $ 461,400 F. Estimated building permit fee and other municipal fees $ 16,000 G. Estimated construction payroll $ 335,000 H. EStimated value of construction material to be purchased within the City of Virginia Beach $ 400,000 I. Estimated number of construction jobs 85 J. Any other items which the applicant feels the Authority should be made aware of in Project will provide a lztrqe, evaluating the project modern, easily accessible medical and dental health care facility in idusiness gruwl!i cuiiidor, adjacent to projected "downtown" Virginia Beach 7. Is the site currently zoned for the use of being proposed for industrial revenue bond financing? Yes X No 8. Has a bond purchase agreement/commitment been accepted by the applicant? (attach a,copy) Yes 'No X 9. Will the bond financing close within 90 days from the date of adoption of the inducement resolution? Yes X No 10. Location of project (attach location map) 479-481 Edwin Drivc,, Virqinia Beach, Virqini@i 23462 11. Explanation of alternative financin? that has been Conventional inancing has becn re%,iewed reviewed for project but project is not considered ecutiomically attractive and viable absent tax exempt bond financing. *Notc: Figures include all personncl of general contractor and subcontractors to perform services in connection with constru(:tion of prc)ject. I hereby certify that the infomation stated in the abov.e Economic Impact Statement-is accurate and true in all respects. MOUNT TRASHMORE ASSOCIATES a Virginia partne,rs@ip By: @c " (, Appl.,:at) Paul M. Brickman, P rtncl- day of Sunscribed and sworn to before me this .,98 Notary my Commission ExPires: 0 CE PROJECT NAME: Mt. Trashmore Associate@ PROJECT ADDRESS: 479-481 Edwin Drive Virginia Beach, Virginia 23452 TYPE OF PROJECT: Medical/Dental office Facility RESOLUTION OF CITY COTJNCIL OF THE CITY OF VIRGINIA BEACH APPROVINIG THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND FOR MT. TRASfiMORE ASSOCIA,rEs WHEREAS, the City of Virginia Reach Development Author- ity, whose address is 770 Lynnhaven Parkway, Virginia Beach, Virginia 23452 (the "Authority") has considered the application and plan of financinq of Mt. Trashmore Associates, a Virginia qeneral partnership, whose ad(iress is 3745 Holland Road, Suite A, @7irginia Reach, V-)k 23452 (the "Purchaser"), for the issuance of the Aut-.Iiority's industrial (ievelopment revenue bon(i in an amotint estimated not to exceed $1,425,000.00 (the "Bond") to assist in the financing of the Purchaser's acquisition, construction, fur- nishing, and equipping of an approximately 11,000 square foot medical/dental office and treatment facility (the "Project") to be located on an approximately 1.475 acre parcel of land situated at 479-481 Edwin Drive in Virginia Reach, Virginia, to be owned by the Purchaser, and has held a public hearing thereon on r)ecember 10, 1985 and; WHEREAS, the Authority has requested the Council (the "Council") of the City of Virginia Beach, Virginia (the "City") to approve the issuance of the gotid to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to SS15.1-1378.1, Code of Virginia, as amended, a copy of the Authority's resolution approving the issuance of the Bond, subject to terms to be aqreed upon and a reasonably detailed summary of the comments expressed at the public hearinq, if any, have been filed with the Council of the City of Virginia Reach, Virginia; THEREFORE, BE TT RESOLVET) BY THE COUNCIL OF THE CITY OF VIRGINIA REACH, VIRGINIA: 1. The Council of the City of Virginia Reach, Virqi- nia, approves the issuance of the Rond by the City of Virqinia Reach T)evelopment Authority ("Authority") for the benefit of Pit. Trashmore Associates, a Virginia general partnership, to the - 1 - extent of and as required by Section 103(k) of the Internal Reve- nue Code, to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bond, as requir,-d by Section 103(k), does not constitute an endorsement of the Bond or the creditworthiness of the Purchaser, but, pursuant to Chapter 643, Virqinia Acts of Assembly of 1964, as amended, the Bond(s) shall r)rovide that neither the City nor the Authority shall be obliqated to pay the Bond(s) or the interest thereon or other costs incident thereto except from the revenues and moneys pledqed therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged theroto. 3. In approving the Resolution, the City of Virginia Reach, including its elected representatives, officers, employees, and agent.@, shall not be liable and hereby disclaims all liability for any damaqes to any person, direct or consequen- tial, 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 allocatb 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 I)ereafter enac- ted; 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, virqinia, on December 16 1 198 5 . CITY COUNCIL OF VIRGINIA REACH By: mta#l res.mta SUMMARY SliEET 1. PROJECT NAME: Lynnhaven Corporate Plizi I 2. LOCATION: South side of Frankel Lane approximate y 1,000 feet west of the intersection oi- Fr@itikcll and Lynn aven Parkway, Virqinia Beacii, Virqinia 3. DESCRIPTIOt4 OF PROJECT: @lf S'. services, and parking. restaurant, onsistil 0 square feet 4. AMOUNT OF BOND ISSUE: $10,000,000.00 5. PRINCIPALS: Jahii Wallace Suninis - M,irtiti Ganderson John Dea 6. ZONIRIG CLASSIFICATION: zi. Present zoning classification of the Property b. Is rezoning proposed? Yes No -X C. If so, to what zoning classification? FISCAL IMPACT .0,TA,rEMEN'r D A'P' .@': Noveinber 13, 1985 TO: THE ci,ry COUNCIL OF VIRGINIA BEACII, PROJECT NA@IIE: Lynnhaven Corporate Plaza I )F FACILI'IY: office, distribution, busitiess, city, ithlt,tic, professional coinplex 1. Maximun amount of financing sought $---lo,ooo.oo 2. Estimated taxable value of the facilitv's real property to be constructed in the municipality $ 8,000,000.00 3. Estimated real property tax per year 6 using present tax rates $ 4,000.00 4. Estimated personal property tax per year using present tax rates $ 62,000.00 5. Estiinated merchants' caoital (business license) tax per year u--lng present tax rates $ 216,000.00 6. E3timated dollar value per year of noods and services thlit will be ourchased localiy $ 200,000.00 7. Estimated number of regular employees on year round basis 300 - 500 B. Average annual salary per emplo@,ee $ tl3,000.00 Tli(, information contained in this Statement is based on Eacts and estimates provided by the Applicant, and tne Authority has made no independent investigation with repect thereto. City of Virginia Beach Development Authority By a irman Economic Impact Statement 1. Amount of investment $ 11,500,000.00 2. Amount of industrial revenue bond financing sought $ 10,000,ooo.oo 3. Estimated taxable value of th, facility's real Property to be constructed in the city of Virginia Beach 8,ooo,ooo.oo 4. Estimated real property tax per year using present tax rate 4,000.00 5. Estimated personal property tax 62,000.00 6. EcOnOmic impact statement demonst,,ting the overall return to the'city.- A. Number of new jobs 400 B. Payroll generated $5.2 millionav. Wage $13,000.00 C. Number of jobs retainiad D. Payroll retained $ Av. Wage E. Estimate of the value of goods and Services purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional serv'lces, insurance, motor vehicles, etc.): Type Value Professional services $250,000.00 vento Mpchinery $ 00,000.00 Insurance $ 40,000.00 TOTAL 1,090,000-00 F Estimated building permit fee and other municipal fees $ 4 0 0 0 0 0 G. Estimated construction payroll $3,000,000.00 H. Estirnated value of construction material to be purchased within the City C)f Virginia Beach $3,000,000.00 I. Estimated number of construction jobs 3 0 0 J. Any other items which the applicant fells the Authority should be made aware of in Virginia Beach has no Class "A" evaluating the pro3'ect -ffce f,,,il MPI('X. 'I'liis will COIT, b(-, the largest and most compreh nsive corporite coniplex in th, Tidewa Lynnhaven ar(-,a is @i cor orat ancl co - p 7. Is the si ace d fc)r industrial revenue bond financing? Yes X No B. Has a bond PurchaSe agreement/commitment been accen-led by the applicant? (attach a,copy) Yes -,No X- 9. Will the bond financing close within 90 days from the date of adoption of the inducement resolution? Yes X No Assuniinq allocation a.t the time of indu--Olflent 10. Location of project (attach location map) FratikE-,l Lane ipproxiniatc@ly 1,000 I-eet west-of th(--@ itit(-,rcsc@ction ()f i-'I- i)k,@l L@ine an( rkwav 11. Explanation of alternative financing that has been reviewed for project conventional financing would mak(-, project unfeasible and support services presently not available. 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 PUDllC My Commission Expires: 0 2 2 F CL cu A, PRIJJECT NARIE: Lynnhaven Corporate Plaza I PROJECT ADDRESS: South side of Frinkel Lane, approximately 1,000 f(,Pt west of the intersection of Frankel I,an(, -In(i l,ynnh,iveii Parkwiy, Virqiiii,) 13eich, Virqiliii ll')Illf@ OF f'RO,71-CT: Offic(, pirk including Ittendant spice for retail sale of goods and services, and parking, consisting of approximately 200,000 square feet RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (Lynnhaven Corporate Plaza I) WHEREAS, the City of Virginia Beach Development Authority (ttic "Authority") has considered the application of l,ynnhavell Corporate Plaza I, a Virginia liniited partnership, or any partnership or corporation of which Jahn Wallace Summs is a partner or shareholder (the "Company") for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $10,000,000 (the "Bonds") to assist in tlie financing of the Coinpany's acquisition, constructiorl and equipping of an office park including attendant space for retail sale of goods and services, restaurant and parking, consisting of approximately 200,000 square feet, to be located oii the south side of Frankel Lane, approximately 1,000 feet west of the intersection of Frankel Lane and Lynnhaven Parkway iri tiie City of Virqinia Beach, Virqinia (the "Facility"), and has held a public hearing thereon on December 10, 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 coniply with Sectioil 103(k) of the internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to Section 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 teriiis to be iiiutually agreed upon, and a reasonably dctailed suinmary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginid. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VLRGINIA: 1. The Council of the City of Virginia Beach, Virginia approves the issuance of the Bonds by the City of Virginia Beach Developnient Authority for the beilefit of Lynnhaven Corporate Plaza 1, or any partnership or corporation of which Jahn Wallace Summs, 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, tlie Bonds shall provide tliat neither the City nor the Authori.ty sliall be obligated to pay the Bonds or the interest thei-oon or other costs incident thereto except from the revenues aiiLi iiioneys pl(-,dged th(z!refor, and neitll(-,r th(, faith or credit nor ttie taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. -2- 3. In approving the Resolution, the City of Virgillia B(-,ach, inclucling its electcd representatives, officers, einplOYL@(@S, aiid agents, shall not be liable and hereby disclaims all li,ibility for any damages to any persoii, direct or consequelitizil, 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 volunie t,) one or more other projects if the issuance of tax exenipt boiids 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 ciQvelopaient revenue bonds by the Authority is restricte,i by ariy state or federal statute now or tlicreafter enacte(l. 4. This Resolution shall take effect immediately upon its a(loption. ADOPTED by a majority of a quorum of the Council of the City of Virginia Beach, Virginia on Decerliber 16 1985. -3- SUMMARY SHEET 1. PROJECT NAME: Lynnhaven Corporate Plcizi II 2. LOCATION: South side of Frankel I,,,ine approximately 1,500 feet west of the interesection of Frankel Lane and Lynnhaven Parkway, Virginia Beach, Virqinia 3. DESCRIPTION OF PIZOJ-ECT: Office park includinq att@2n(f,int s e for retai-1 s@a e of qoods and services, and parking, consisting of approximately 100,000 square feet- 4. AMOUNT OF BOND ISSUE: $10,000,000.00 5 PRINCIPALS: Jahn Wallace Summs Martin Ganderson John Deal 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property 1-1 b. Is rezoning proposed? Yes No X C. If so, to what zoning classification? FISCAL IMPACT STA'REMENT Noveinber 13, 1985 TO: TIIE CITY COUNCIL OF VIRGINIA BEACII, III.'RGI@IIA PROJECT NA@IE: Lynnhaven Corporate Plaza II ,rypE OF PACILITY: Office, distribution, business, city, athletic, professional complex 1. Maxi,,num amount of Einancing sought $-- 1-9, O-CLCL.@-- 2. Estimated taxable value of the facilit,-,,'s redl property to be constructed in the municipality $ 8, 000 , 000 . oo 3. Estimated real propert,-i tax per year using present tax rates $ 64,000.00 4. Estimated personal property tax per year using present tax rates $ 62,000.00 5. Esriinated merchants' capital (business license) tax per year using present tax rates $ 2 1 6 , 0 0 00 0 6. E.3tiiTiated dollar valu(-, pc@r year ot iloods and --ervices that will b(-, ourcliasu(i locaily $ 200,000.00 7. Estimated number of regular employees on year round basis 300 - 5oo S. Average annual salary per emplovee $+/-13,000.00 T,Iie infor@-nation contained in this Stateinent is base(i sol,21@-,- on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. City of Virginia Beach Development Authority By c@a i r-ma-n---- Economic impact Statement 1. Amount Of investment $ 11,500,000.00 2. Amount of industrial revenue bond financing sought $ 10 000 ooo.oo 3- Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach $ 8 000 ooo.oo 4. Estimated real prop, rty tax per year using present tax rate $ 0.00 5. Estimated personal property tax 6 20 0 0 . 00 6. Economic imdact statement demonstrating the overall return to* the'city: A. Nunber of new jobs 400 B. Payroll generated $ .2 milliorav. wage @3,000.oo C. Number of jobs retainiad D. Payroll retained Av. Wage E. Estimate of the value Of goc>ds- and services Purchasd within the gecgraphic boundary of 'Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type Value Profe- ional services $ 250,000.00 Machinery $ 400 ooooo Insurance $ 40,000.00 TOT@,L $1,090,000.00 F Estimated buildin(3 permit fee and other municipal fees 40,000.00 G. E8timated construction payroll $3,000,000.0.0 H. Estimated value of onstruction material to be purchased within the City of Virginia Beach $3,000,Ooo.oo Estimated n-ber of construction jobs 3 0 0 J. kny other items which the applicant feels the Authority should be made aware ot in evaluating the proje,t Virginia Beach has no Class "A" off, largest and mOst-6ompre the Tidewater area -- will corporate and commercia as a 7. is the site currently zone@ -osed 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 9- Will the bond financing close within 90 days from the date of adoption of the inducement resolution? Yes x Assuming allocation at th' No e time of inducement 10- LOcatiOn of project (attach location map) outl, f ,inL_approximately 1,500 feet west of-the intersectio-@nkel ran- n of 11. Explanation of alternative financing that has been reviewed for project conventional financinq would niake project unfeasible of office space and support services presently not available. I hereby certify that thc, infor-mation rt3ted in thL, 'Above a true in all resuect- Economic ImPact Statement-is accur te ,d (Applicant) Subscribed and sworn to before me this day of 1984. MY COmmission Exr)ires: t)3 cu (D PRUJECT NA11E: Lynnhaven Corporate Plaza II PROJECT ADDRESS: South side of Frankel Lane, approximately 1,500 felt west of the intersection of Frankel Lane and Lynnhaven,Parkway, Virginia Beach, Virginia TYPE OF PROJECT: Office park including attendant space for retail sale of goods and services, and parking, colisisting of approximately 100,000 square feet RESOLUTION APPROVING 'I'HE ISSUANCE OF' INDUS'PRIAL DEVELOPMENT REVENUE BONDS (Lynnhaven Corporate Plaza II) WIIEREAS, the City of Virginia Beacii Development Authority (th(-, "Authority") has considered the application of Lylinhaveli Corporate Plaza 11, a Virginia limited partnership, or any partnership or corporation of which Jalin tvallace Suiiuns i.s a partner or shareholder (the "Company") for the issuance of the Authority's industrial development revenue bonds in an aiiiount not to exceed $10,000,000 (tiie "Bonds") to assist in tiie financing of the Company's acquisitioll, construction and equipping of an office park including attendant space for retail sale of goods and services, and parking, consistirig of approximately 100,000 square feet, to be located oil tile south side of Frankel l@ane, approxiiiiately 1,500 feet west of ttie intersection of Frankel Lane and Lynnhaven Parkway in the City of Virginia Beach, Virginia (the "Facility"), and has held a public hearing thereon on December 10, 1985; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virqinia (the "City") to approve the issuance of the Bonds to coinply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to Section 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 suituii@try of the coirunents cxpr(-,ssed at the public hearinq, if aiiy, have been filed with the Council of the City of Vir(linia 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, Virginid ,ipproves the issuance of the Bonds by the City of Virginia Beacl) Development Authority for the benefit of Lynnhaven Corporate Plaza II, or any partnership or corporation of wliich Jahn Wallace Summs, is a partner or shareholder, to the extent of ajid as required by Section 103(k) of the Intet-iial Revenue Code, to permit the Authority to assist in tll(-@ f@llai)Cincj of the Facility. 2. The approval of the issuance of the Bonds, as require(i by Section 103(k) does not constitute an endorsement of the iionds or the creditwortl)iness of th(, Coiiipaiiy; but, pursu@int to Chapter 643, Virginia Acts of Assenibly of 1964, as 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 nioneys pledged therefor, and iieither the faith or cr(@(lit iior thu taxing power of the Conunonwealtli, the City, or th, Authority shall be pledged thereto. -2- 3. In approving the Resolution, the City of Virginia Beach, including its elected represlntatives, officers, cinployees, and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct Or Consequenti@ll, resulting from (1) the Authority's failure to issue bonds for the Facility for any reason, includinq, but not limited to, any decision by the Authority in its sole discretion to allocate its allowable industrial development bond voluni,, to one or more other projects if the issuance of tax exempt bonds by the Authority is restricted by any state or fecl(,rl] 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 developinent revenue bonds by the Authority is restricted bY ally state or federal statute now or tliereafter en,,t,d. 4. This Resolution shall take effect immediately upoli its adoption. ADOPTED by a majority of a quorum of the Councii of the City of Virginia Beach, Virginia on December 16 1981). -3- SUMMARY SHEET 1. PROJECT NAME: Lynnhaven Corporate Plaza III 2. LOCATION: South side of Frankel Lane approximately 1,750 teet west ot the intersection of Frank(-.l L,ane and Lynnhaven Parkway, Virginia Beach, Virgiiiia 3. DESCRIPTION OF PROJECT: office park including attcr)(lant space for retail@al@ of @o@Js-and services, and parking, coiisis inli Of approximately 100,000 square feet 4. AMOUNT OF BOND ISSUE: $10,000,000.00 5. PRINCIPALS: Jahn Wallace Slimms Martin Ganderson John Deal 6. -@OtlltJG CLASSIFICATION: a. Present zoning classification of the Property I-I b. Is rezoning proposed? Yes No X C. If so, to what zoning classification? FISCAL IMPACT STA,rf-,MENT DATE: November 13, 1985 TO: THE CITY COUNCIL OF VIRGINIA BEACII, VI@,cl'jlA - PROJECT NA@,IE: Lynnhaven Corporate Plaza III ,ryoc OF FAI--ILITY: Office, distribution, business, city, athletic, professional complex 1. Maximum amount of financing sought $-- 1.0, 000. 00 2. Estimated taxable value oE the facilit,,,'s real property to be constructed in the municipality $ 8 , 0 0 0 , 0 0 0 . 0 0 3. Estimated real propertv tax per year using present tax rates $ 6 4 , 0 0 0 . 0 0 4. Estimated personal property tax per year using present tax rates $ -62,,000.00 5. Estiinated merchants' capital (business license) tax per year using present tax rates $ 216,000.00 6. Estimated dollar value per year of noods and services that will be purchased locally $ 200,000.00 7. Estimated number of regular employees on year round basis 300 - 500 8. Average annual salary per emplovee tl3,000.00 The information contained in this Statement is bised soloi--l on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. Citv of Virginia Beach DevelOpment Authority By CfFairman Economic Impact statement 1. Amount of investment $1, 500 000.00 2. Amount of industrial revenue bond financing sought 10,000,000.00 3. Estimated taxable value of the facility's real property to be constructed in the City .of Virginia Beach 8,000,ooo.00 4. Estimated real property tax per yIcar using present tax rate 64 000.00 5. EStimated Personal property tax 2,000.oo 6. Economic imqact statement demonstrating the overall 'city: ,rettirn to the A. Number of new jobs B. Payroll generated $5.2 millionav. WagL $13,000.oo C. Number of jobs retainbd D. Payroll retained $ Av. Wage E. Estimate of the value of goods and services Purchased within the gec>graphic boundary of Virginia Beach by type (inventory, machinery, Professional services, insurance, motor vehicles, etc.): Type Value Professional services $ 250,000.00 Machinery $ 4 0 0 , 0 0 0 . 0 0 Insurance $ 40,000.oo TOTAL 1,090,000.oo F Estimated bilding Permit fee a,d Other muni,i al fees p Estimated con@tr,,otion payroll 40,ooo.00 H' Estimated val,, f construction mat,,ial $3,000,ooo.oo to be Purchased within the City of Virginia Beach $3,ooo,ooo.00 Estimated n-b@r c)f construction jobs 3 0 0 J- A-ny other items which the applicant feels the Authority should be m,de aware of in evaluating the Ploject Virginia Beach has no "A" off-, largest and most 'Impre@riensiv @lex. )i@; b the w"' Tide e corpora t c"'Pllx @ the 7 Is the site currently zoned for th, Isu of beinq proposed fOr industrial revenue bond fina,,,i,,3? ye s X No 8. Has a bond Purchase agreement/commitment been accepted by the applicant? (attach a,copy) yes No X 9- Will the bond firian,ing close within 90 days from th, date of adoptior, of the inducement resolution? Yes X No Assuming allocation'at the time Of inducement 10. Location of Project (attach location Map) soutl) c)f b'rank(-,l West of th,, 17. Explanation of alternative financing that has been reviewed for project unfeasible oject, corporate and commerci,l center k)y provicling typ, f offic(-' SPace and @ o support services presently not available. I hereby certify that the information Stated in the above Economic ImPalt Statement-is accurate and tr,, in all re,--P(,C.t--. (Appll(zn,) Subscribed ,d sworn to before me this day of 1984. N.t.ry P-1111, MY Commission Exoires: 0 2 IL C) CL It (D PRUJECT NA14E: Lynnhaven Corporate Plaza III PROJECT ADDRESS: Soutli side of Frankel Lane, approximately 1,750 feet west of the intersection of Frankel Lane @ilia Lynnhaven Parkway, Virqinia Beach, Virginia TYPE OF PROJECT: Office park including attendant space fol, retail sale of goods and services, and parking, consisting of approximately 100,00 square feet RESOLu,riON APPROVING TFIE ISSUANCE O@' INDUSTRIAL DEVI@@LOPMENl. l@l@'VENUE BOND.,, I (Lyiinhaveii Corporate Plaza iii) WIIEREAS, the City of Virginia Beach Development Authority (ti-, "Autliority") has considered the application of Lynnf)aven Corporate Plaza III, a Virginia limite(i partnership, or ijiy partnership or corporation of which Jahn Wallace Sumiils is a partner or shareholder (the "Company") for the issuanc(2 of the Authority's industrial development revenue bonds in ail aniount not to exceed $10,000,000 (the "Bonds") to assist in the financing of the Company's acquisition, construction and equipping of an office park including attendant space for retail sale of goods and services, and parking, consisting of approxiinately 100,000 square feet, to be locate(i on til(, soutli side of Frankel Lane, approximately 1,750 feet west of the intersection of Frankel Lane and Lynnhaven Parkway in the City of Virginia Beach, Virginia (the "Facility"), and lias held a public hearing thereon on December 10, 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, zis amen(led; and WHEREAS, pursuant to Section 1.5.1-1378.1 of the Code of Virginia, 1950, as amended, a copy of the Authority's Resolution approving the issuance of the Bonds, subject to terais to be mutually agreed upon, and a reasonably detaile(i suiiimary of the coinments expressed at the public hearing, it aiiy, liave been filed with the Council of the City of Virginizi Beacli, Virginia. NOW, THEREFORE, BE IT RESOLVED BY, THE CITY COUNCIL OF 'PHE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, VirgiilL@i approves the issuance of the Bonds by the City of Virgiiiict Beacti Developuteiit Authority for the benefit of Lynnhav(@il Corporate Plaza III, or any partnership or corporati.on of which Jahn Wallace Summs, is a partner or shareholder, to the exteiit of and as required by Section 103(k) of the Iritei-nal Revenue Code, to permi-I the Authority to assist in the lin@ijicing 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 tlie Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest tilereoli or other costs incident thereto except from the revenues aiid nioneys pledged therefor, and neither the faith or credit nor the taxing power of the Comrnonwealth, the City, or the Authority shdll be pledged thereto. -2- 3. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, einployocs, and agents, shall not be liable and hereby disclailds ill liability for any damages to any person, direct or consequential, resulting from (1) the Authority's failure to issue bonds for the Facility for any reason, including, but not limited to, any decision by the Authority in its sole discretioll to allocate its allowable industrial development bond volunie to one or more other projects if the issuance of tax exeinpt bonds by the Authority is restricted by any state or federal statute now or hereafter enacted; or (2) the Authority's failure for aiiy reason after the issuance of bonds for the Facility to allocate a portion of its allowable industrial development revenue bonds by the Authority is restrictc,(] 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 quoruin of the Council of the City of Virginia Beach, Virginia on December 16-1 198J. -3- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Gordon A. Rudolph 2. LOCATION: Northeast corner of the intersection of Virginia Beach Blvd. and lqitchduck Road 3.. DESCRIPTION OF PROJECT; Shopping Center 4. AMOUNT OF BOND ISSUE: $3,500,000 5. PRINCIPALS: Gordon A. Rudolph 6. ZONING CLASSIFICATION: a. Present zoninq classification of the Property B-2 b. is rezoning proposed? Yes No X C. If so, to what zoning classification? FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL RLVE-NUE BOND FINANCING D,%TE: NOVEMBER 15, 1985 TO: I'liE CITY COUNCIL OF VIRGINIA BEACII, VIRGINIA PI,GJECT NAME: GORDON A. RUDOLPH TYPE OF FACILITY: SIIOPPING CENTER 1. Maximum aniount of financing sought $ 3,',00,00() 2. Estiinated taxable value of the facility's real property to be constructed iri the iaunicipdlity $ 3 , 5 0 0 1 0 0 0 3. Estimdted real property tax per year using presetit tax rates $ 24,000 4. Estimated personal property tax per year using present tax rates $ 5,000 5. Estimated merchants' capital (business licen6e) tax per year using pre@ent tax rates $ N/A 6. Estimated dollar value per year of goods and services that will be purchased locally $ 800,000 7. Estiiuated number of regular einployees on year round basis $ 65 8. Average annual salary per employee $ 12, SE)t) The inforiuation contained in this Statement is based solely on filcts and estiinates provided by the Applicint, and the Authority tiis ,iiade no ind@I)endent investigation with respect thereto. City of virgiiiia 3eacn Development Authority By_ Chil i riuri ECONOMIC 114PACT STATEMENT 1. AIROunt Of investment 2. Amount of industrial revenue bond financing $ 3@500, 000 sought 3. rstimated taxable value of the facility's real $ 3.50(i ooo property to be constructed iri the City of Virginia Beach 4. Estimated real prc)perty tax per year using $ 3,200,000 Present tax rate $ 25, 600 5. Estimated personal property tax $ 5, (-)00 6. Economic impact statement demonstrating the overall return to the city: A. Number of new jobs possible B. Payroll generated $ Av. Wage $ 12,500 C. Nuliiber of jobs retained D. Payroll retained $ Av. Wage $ E. Estimate of the value of goods and services purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type Value TOTAL LI,100,000 F. Estimated building permit fee and other municipal fees $ 25,000 G. Estiinated construction payroll $ 800 000 H. Estimated value of constrUCtion material to be Purchased within the CitY Of Virginia Virginia Beach $1 110 000 I. Estimated number of construction jobs 65 J. Any other items which the applicant feels the Authority should be made aware of in evaluating the project This proiect will create new jobs and d @ tax base. 7. Is the site currently zoned for the specific use being proposed for industrial revenue bond financing? Yes No 8. Has a bond purchase agreement/commitment been accepted by the applicant? (attach a copy) Yes No x 9. Will the bond financing close within 90 days fiom the date of adoption of the the inducement resolution? Yes No -x 10. Location of project (attach location map) I-Sil --Or of Virqinia Beacl, levard and 11. Explanation of alternative financing that has been reviewed for project Impact statement I hereby certify that the information stated in the above Economic is accurate and true in all respects. (App icanti' 1985. Subscribed and worn to before me this day of N My commission Expires: 9 PAY CHESAPEAKE BEACH NAME OF P Gordc)n A. Rudolph PM= ADDRESS: Northeast corner of virginia j3lvd. Witchduck Road TYPE OF PRO=: Retail Shopping Center RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR GORDON A RUDOLPH WHEREAS, the City of Virginia Beach Development Authority (the Authority) has considered the application of Gordon A. Rudolph or any partnership of corporation of which Gordon A. Rudolph is a partner or shareholder (the Company), for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $3,500,000 (the Bondg) to assist in the financing of the Company's acquisition, construction, and equipping of a 60,000 square foot shopping center (the Facility) to be located at the northeast corner of the intersection of Virginia Beach Boulevard and Witchduck Road, in the City of Virginia Beach, Virginia, and has held a public hearing thereon on December 10, 1985, and WHEREAS, the Authority has requested the City Council (the Council) of Virginia Beach, Virginia (the City), to approve the iBsuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to SS15.1-1378.1, Code of Virginia, 1950, as amended, a copy of the Autbority'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, approve the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of Gordon A. Rudolph or any partnership or corporation of which Gordon A. Rudolph 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 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 December 16 1985. 12072/js/COM -2- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Providence Development Associates 2. LOCATION: South side of Providence, Road at Lord- Dunmore Drive. 3. DESCRIPTION OF PROJECT; Two commercial buildings comqrising eleven office condominium units. 4. AMOUNT OF BOND ISSUE: $535,000.00 5. PRINCIPALS: Hpnrg A- Shonk, Stanley L. Harrison, R. A. Lawson, Jr., Malcolm s. Van de Water 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property b. Is rezoning proposed? Yes No X C. If so, to what zoning classification? 11/5/83 EXHIBIT C FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: December 10, 1985 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: PROVIDENCE DEVELOPMENT ASSOCIATES TYPE OF FACILITY: OFFICE CONDOMINIUM (Refunding) 1. maximum amount of financing sought $ 540,000.00 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ N/A (built) 3. Estimated real property tax per year using present tax rates $ 5,600.00 4. Estimated personal property tax per year using present tax rates $ 1 000.00 5. Estimated merchants' capital (business license) tax per year using present tax rates $ N/A 6. Estimated dollar value per year of goc>ds and services that will be purchased not estimable due to locally $ present varancip, 7. Estimated number of regular employees on year round basis $ 40 8. Average annual salary per employee $ 1 5,000, 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 B c I 1 9 f #cE7 2 IPSW,CF. VILLAGk.@.., ow :OUNTRY AVEN MYOM ou I @H 23@320 12@ 12 CHOSAPE@%KE 13 13 ift 22 c 0 E F 6 -11. Jow &p 25 PROJECT NAME: PROVIDENCE DEVELOPMENT ASSOCIATES PROJECT ADDRESS: PROVIDENCE ROAD AT LORD DUNMORE DRIVE TYPE OF PROJECT: OFFICE (Already Built) THIS IS A REFUNDING ISSUE A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the 16th day of December, 1985. RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REFUNDING REVENUE BONDS TO PROVIDENCE DEVELOPMENT ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the "Authority"), has considered the application of Providence Development Associates, a Virginia general partnership (the "Company"), for the issuance of the Authority's industrial development refunding revenue bond or bonds in an amount estimated at $535,000.00 (the "Bonds") to assist in the refunding of the Authority's $625,000 1982 Industrial Development Revenue Bond (Providence Development Associates Project), issued December 17, 1982, to assist in the financing of the acquisition, construction, and equipping of two commercial office buildings (the "Project") on the south side of Providence Road at Lord Dunmore Drive, in the City of Virginia Beach, Virginia (the "City"), and has held a public hearing thereon on December 10, 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, the fiscal impact statement and a record of the public hearing has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council approves the issuance of the Bonds by the Authority for the benefit of Providence Development Associates to the extent required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds, as required by Section 103(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Company, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. 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 damages to any person, direct or consequential, resulting from the Authority's failure to issue bonds for the Project for any reason. 4. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on December 16, 1985. WLN.RES.PDA.12/6/85 - 2 - SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AU@HORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1- PROJECT NAME: James H. Capps and Clara E. Capps 2. LOCATION: 1503 Atlantic Avenue Virginia Beach, Virginia 3. DESCRIPTION OF PROJECT: 53-Unit Motel 4. AMOUNT OF BOND ISSUE: $1,858"ooo S. PRINCIPALS: James 11. Capps Clara E. Capps 6. ZONING CLASSIFICATION: a. Pres@nt zoning classification of the Property H-2 b. Is. rezoning proposed? Yes No X C. If sOr tO what zoning classification? 11/5/83 EXHIBIT C FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCIIJG DATE: December 10, 1985 TO: THE CITY COUNCIL OF VIRGINIA BEAC-H, VIRGINIA PROJECT NAME: James H. Capps and Clara E. Capps TYPE OF FACILITY: 53-Unit Motel 1. Maximum amount of financing sought $1,858,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $2,600,000 3. Estimated real property tax per year using present tax rates s 23,000 4. Estimated personal property tax per year using present tax rates $ 5,000 5. Estimated merchants' capital (business license) tax per year using present t.ax rates $ 2,000 6. Estimated dollar value per year of goods and services that will be purchased locally $ 165,500 7. Estimated number of regular employees on year round basis $ 6 8. Average annual salary per employee $ 10,000 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. City of Virginia Beach Development Authorit:,, By Chairman 2640 C ... C..Id SI.Ii.. C'. @l "This mal as of Mar( are not in ED COPyright MCMLXXX this Publication may , 01"Itlonic or mechanic PROJECT NAME: James H. Capps and Clara E. Capps PROJECT ADDRESS: 16th and Atlantic Virginia Beach, Virginia 23451 TYPE OF PROJECT: Motel A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Adminis- tration Building, on the 17th day of December, 1985. On motion by and seconded by the follow- ing Resolution was adopte RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BONDS FOR JAMES H. CAPPS AND CLARA E. CAPPS WHEREAS, the CitY of Virginia Beach Development Authori- ty (the Authority) has considered the application of James H. Capps and Clara E. Capps (the Company) for the issuance of the Authority's industrial development revenue refunding bonds in an amount not to exceed $1,858,000 (the Bonds) to prepay in full the outstanding principal balance of the Authority's $1,900,000 1983 Industrial Development Revenue Bond (James H. Capps and Clara E. capps Facility) issued to finance the Company's construction and equipping of a 53 unit motel facility (the Facility) located at 16th and Atlantic Avenue in the City of Virginia Beach, Virginia, and owned by the Company, and has held a public hearing thereon on December 10, 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; 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. 3. The approval of the issuance of the Bonds, as required by such Sections 103(k) and 15.1-1378.1, does not constitute an endorsement of the Bonds or the creditworthi- ness 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 incide,t 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 pledqed thereto. 4. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, 16 Virqinia, on December *W, 1985. 2 - 22 Item II-J.2 RESOLUTIONS/ORDINANCE ITEM # 24700 Greg Kraemer, representing Arthur Young and Company, presented a study of the Capital Costs of the Water System of the City of Viriginia Beach in order to determine a customers' proportionate share of capital costs per unit of capacity. The following spoke in OPPOSITION to the Ordinance: V. A. Etheridge Richard D. Guy Ronald D. Morrison A MOTION was made by Councilman Jennings, seconded by Councilman McCoy to DEFER until the City Council Meeting of January 6, 1986, an Ordinance to AMEND and REORDAIN Sections 37-7, 37-8, 37-9, 37-10, 37-11, AND 37-12 AND ADD Sectons 37-7.1 and 37-7.2 to the Code of the City of Virginia Beach, Virginia, pertaining to Tap and Meter lustallation Fees and Water Resource Recovery Fees. A SUBSTITUTE MOTION was made by Councilwoman Oberndorf, seconded by Vice Mayor McClanan to ADOPT an Ordinance to AMEND and REORDAIN Sections 37-7, 37-8, 37-9, 37-10, 37-11, and 37-12 AND ADD Sections 37-7.1 and 37-7.2 to the Code of the City of Virginia Beach, Virginia, pertaining to Tap and Meter Installation Fees and Water Resource Recovery Fees. Voting: 3-8 (SUBSTITUTE MOTION LOST) Council Members Voting Aye: Barbara M. Henley, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones and J. Henry McCoy, Jr., D.D.S. Council Members Absent: None - 23 - Item II-J .2 RESOLUTIONS/ORDINANCE ITEM # 24700 (Continued) Upon Motion by Councilman Jennings, seconded by Councilman McCoy, City Council DEFERRED until the City Council Meeting of January 6, 1986, retroactive date December 16, 1985, with DFU not to exceed $95/per drainage unit equivalent: Ordinance to amend and reordain Section 37-7, 37-8, 37-9, 37-10, 37-11, 37-12 and ADD Sectious 37-7.1 and 37-7.2 to the Code of the City of Virginia Beach, Virginia, pertaining to tap and meter Installation Fees and WATER RESOURCE RECOVERY FEES Voting: 8-3 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Barbara M. Henley, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Absent: None December 16 1985 - 24 - Item II-K.1 RESOLUTION/ORDINANCE ITEM # 24701 Ronald Morrison, resident of Virginia Beach, spoke in OPPPOSITION to said Resolution. Michael Barrett, Assistant City Manager and Director of the Virginia Beach Resort Area Advisory Commission, spoke in support of this Resolution Upon motion by Councilman Robert Jones, seconded by Councilwoman Creech, City Council ADOPTED AS AMENDED*: RESOLUTION TO PROVIDE DIRECTION TO THE PLANNING COMMISSION, THE RESORT AREA ADVISORY COMMISSION AND THE CITY MANAGER WITH RESPECT TO CONTINUING PLANNING NECESSARY FOR THE RESORT REVITALIZATION. *Provisions 1, 2, 3, 4, and 5 shall be AMENDED to include reference to the MICKIEWICZ-ROBERTSON, LTD. report on the ATLANTIC "ENUE REVITALIZATION. All reference to outside consultants shall be deleted. Voting: 8-2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, and Meyera E. Oberndorf Council Members Voting Nay: Barbara M. Henley and Vice Mayor Reba S. McClanan Council Members Absent: J. Henry McCoy, Jr., D.D.S. December 16 1985 - 24a - A RESOLUTION TO PROVIDE DIRECTION TO THE PLANNING COMMISSION, THE RESORT AREA ADVISORY COMMISSION, AND THE CITY MANAGER WITH RESPECT TO CONTINUED PLANNING NECESSARY FOR RESORT REVITALIZATION WHEREAS, the goals and objectives of the Resort Area Advisory Commission as set forth in tbe Immediate Action Program of the Commission have been in large measure accomplished; WHEREAS, the demonstration projects and additional capital projects have been identified and funded as part of the City's Capital Improvement Program and are now being planned and designed; WHEREAS, the Commission has continued work on its charge from the City Council by Resolution dated April 2, 1984, and has initiated a program to secure comment and advice from the general public about its proposals and plans; WHEREAS, the Planning Commission has established a sub-committee of the Commis- sion to act as a liaison with the Resort Area Advisory Commission to work cooperatively on areas of mutual interest and concern; and WHEREAS, the City Council wishes to encourage the efforts of both the Planning Commission and the Resort Area Advisory Commission in developing recommendations for it to consider in regard to the revitalization of the Resort Area. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that it hereby expresses its desire for further advice from the Commissions mentioned herein and the City Manager in the following respects: 1. Land Use and Zoning. The Council requests the Planning Commission and the Resort Area Advisory Commission to develop a refined comprehensive land use plan for the Oceanfront Study Area taking into account the report of the Urban Land Institute. In conjunction with this task the respective Commissions should develop a joint list of agreed upon goals for improvement of the Zoning Ordinance and such amendments thereto as they shall deem advisable for the Oceanfront Area. A Planning Commission recommendation on this is requested by June 1, 1986. 2. Financing. The Council requests the Resort Area Advisory Commission, in conjunction with the City Manager, to develop a proposal for the financing of resort revitalization projects which balances public and private resources. The proposal is requested to be presented to City Council by June 1, 1986. 3. Traffic Circulation. The Resort Area Advisory Commission has proposed a resort circulation pattern for review by City Staff. Upon receipt of the formal review, the City Manager is requested to develop a final proposal for consideration by City Council. 4. Parking. The Coinmissions are requested to develop a detailed plan, including possible land acquisition sites, for satellite parking in the resort area. This plan should be coordinated with the proposed TRT transportation facility and the Mickiewiez- Robertson study. In addition, the Resort Area Advisory Commission, in conjunction with the City Manager, is requested to develop a proposal for a parking authority for the operation of existing municipal parking facilities in the Oceanfront Area and the acquisition and operation of proposed new facilities. 5. Urban Design. The staff, with advice from the Resort Area Advisory Commission, is requested to develop an RFP for design services to guide public and private development in the resort center. This product should outline the design guidelines in easily readable and clear graphic form intended for use by developers, property owners, and commercial tenants of the resort center. ADOPTED by the Council of the City of Virginia Beach, Virginia, on the 16th day of December, 198,5. 25 - Item II-K.2 RESOLUTION/ORDINANCE ITEM 24702 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED: RESOLUTION TO PROVIDE HEALTH CARE COVERAGE TO VIRGINIA BEACH CITY EMPLOYEES WHO RETIRE PRIOR TO AGE 65 WITH AT LEAST 25 YEARS OF SERVICE CREDIT. 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. Oberudorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. -25a A RESOLUTION TO PROVIDE HEALTH CARE COVERAGE TO VIRGINIA BEACH CITY EMPLOYEES WHO RETIRE PRIOR TO AGE 65 WITH AT LEAST 25 YEARS OF SERVICE CREDIT WHEREAS, the Mayor and a Council Committee appointed by Council desires to provide health care coverage to certain retiring employees, and WHEREAS, it is felt that these employees should, through this coverage, be recognized for their many years of service to the City, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that City staff make provisions to continue health care coverage to City employees who retire on or after June 30, 1986 before age 65 with 25 years of service credit through a Health Maintenance Organization, until they reach age 65, on the same basis as coverage provided to City employees. Adopted by the Council of the City of Virginia Beach, Virginia on the 16 day Of December 1985. PitOVED AS TC) - 26 - Item II-K.3 RESOLUTION/ORDINANCE ITEM # 24703 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED: ORDINANCE TO AMEND AND REORDAIN Sections 2-119 and 2-120 of the Code of the City of Virgiuia Beach, Virginia, pertaining to Sick Leave Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. December 16, 1985 -26a AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 2-119 AND 2-120 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO SICK LEAVE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 2-119 and 2-120 of the Code of the City of Virginia Beach, Virginia, pertaining to sick leave, are hereby amended and reordained as follows: Section 2-119. Sick leave. (a) Sick leave shall be defined as leave with pay granted to an employee during periods of personal illness, temporary disability (including maternity), medically required confinement, and medical and dental office appointments. (b) All full-time, merit (including probational) employees and appointees and full-time temporary employees shall be eligible to receive sick leave based on the following provisions: (1) Sick leave shall be credited at the rate of eight (8) hours per month of employment with the city. A proportionate number of hours shall be awarded for a partial month's work. Employees shall be allowed to accrue an unlimited number of sick leave hours. (2) The department head may at any time require the employee to provide written medical documentation of his illness. (3) All employees eligible to accrue sick leave who were employed prior to the effective date of this ordinance shall begin the sick leave system with a 'beginning balance" of available sick leave hours. (4) An employee's "beginning balance" shall be determined by subtracting the hours of sick leave used by such employee prior to the effective date of this ordinance from those hours which would have been earned under the provisions of this section had it been in effect since January 1, 1963. In the -26b event that records which are necessary to compute an employee's 'beginning balance" are unavailable, it shall be assumed that each employee earned four (4) hours of sick leave for every month that said records are unavailable. (5) The "beginning balance' of SiCk leave hours available for use by an employee as of the effective date hereof shall be noted in the employee's personnel file. However, those employees with a negative "beginning balance- shall begin with a balance of zero (0) sick leave hours. (6) The hours of sick leave earned for each hour worked by firefighters shall be computed by multiplying the number of hours worked by a factor of .046. (7) An emplovee's sick leave balance shall revert to a -'zero" balance u n the change in number of hours from full-time status to part time status. (8) ---lovees in an approved extended sick leave status (more tha five (5) wor January 1, 1986, shall remaiin undoe the provisions of the citv-s current sick leavo I their return to work. Upon the employee's retu n to work t eir beginninq sick leave balance would be calculated as specified in paragraph (4). above. Section 2-120. Extended sick leave. (a) There is hereby established an extended sick leave review board consisting of five (5) qualified voters appointed by the city Manager for a term of three (3) years each. of those first appointed, one shall be appointed to serve for one (1) year, two for two (2) years and t- for three (3) years. Thereafter, members shall be appointed for the full term of three (3) years. Two members shall be from management below the department-head level, two members shall be nonmanagement employees and one member shall be selected from the community at-large. (b) A majority of the members of the extended sick leave review board shall constitute a quorum. The board shall meet on -2- - 26c an as-needed basis, but no later than fifteen (15) days after an application has been received as provided for in the next subsection. (c) Applications for extended sick leave shall be submitted by the department head to, and shall be processed by, the personnel department. Any application for extended sick leave must fulfill all of the following criteria at the time of application: (1) The application must show that the employee is eligible to take sick leave as defined in section 2-119 of the City Code; (2) All sick leave, annual leave and compensatory leave earned by the employee must be exhausted at the time of the application. in cases where seriousness of illness makes required extension obvious, the employee may apply twenty (20) working days prior to predicted exhaustion of all leave. (3) The employee must be diagnosed by a physician as having an illness requiring absence from work for at least six (6) working weeks for any given illness. The director of the department of personnel shall be required to call a meeting of the extended sick leave review board when an applicant has been received in the manner stated above. (d) The jurisdiction and authority of the extended sick leave review board shall be limited to authorizing the granting of additional paid sick leave to a qualified employee for a period of time not to exceed two hundred forty (240) consecutive working hours at a time. This board may consider and award extended sick leave to an employee not more than twice in any consecutive twelve-month period. The second award, if granted, may or may not be consecutive with the first award. A decision to award extended sick leave to any employee shall be reached by majority vote of the members of the board present at the meeting. The employee shall be notified of the board's decisions within five (5) calendar days after the meeting of the board involving that employee. -3- - 26d - (e) The extended sick leave review board is hereby empowered to adopt rules and regulations pertaining to the board procedures to be followed before the board. All such rules and regulations shall be adopted by the majority vote of all the members of the board, shall be signed by the chairman of the board and shall be lodged with the secretary of the board. Such rules and regulations shall be available in the office of the department of personnel during regular business hours. The extended sick leave review board is authorized to amend or rescind any previously adopted rule or regulation by a majority vote of all members of the board. (f) The director of personnel or a designated alternate staff member shall serve as secretary to the extended sick leave review board and shall attend all meetings with no voting rights. The city physician shall serve as medical advisor to the extended sick leave review board with no voting rights. (g) Upon the employee's return to work, one-half of all future sick leave accrued shall be used to repay any extended sick leave granted hereunder until full repayment has been made after which time the employee shall accrue the full amount of sick leave to which he would otherwise be entitled. E_mployees ma_~_ not be required to re a sick leave ranted b the extended sick leave review board if th~delines adopted b_]Lthe board. ~not have to re--heir extended ~ior to re~additiona1 sick leave. (h)-_~_~_~On termination fr__om the Cit~ee shall not have to re a their extended sick leave ranted b the extended sick leave review board. Em lo ees reinstated to the ~inia Beach shall be re uired to re a such leave ~ gntil full repayment has been made Adopted by the Council of Virginia, on this 16 RMB/da (H) 12/11/85 the City of Virginia Beach, _ day of December , 1985. APPROVED AS TO CONTE~?£ -4- - 27 - Item II-K.4. ADD-ON ITEM # 24704 Upon motion by Vice Mayor Reba S. McClanan, seconded by Councilman Robert G. Jones, City Council ADOPTED: ORDINANCE TO EXTEND THE TIME PERIOD FOR PROHIBITING THE APPROVAL AND ISSUANCE OF PERMITS FOR THE CONSTRUCTION OF STREETS DRAINAGE, SEWER, AND/OR WATER FACILITIES WITHIN THE AREA OF THE CITY OF VIRGINIA BEACH, VIRIGNIA, BOUNDED BY THE GREEN LINE Voting: 7-3 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Louis R. Jones, Robert G. Jones and Vice Mayor Reba S. McClanan Council Members Voting Nay: Barbara M. Henley, H. Jack Jennings, Jr. and Meyera E. Oberndorf Council Members Absent: J. Henry McCoy, Jr., D.D.S. December 16, 1985 -27a - AN ORDINANCE TO EXTEND THE TIME PERIOD FOR PROHIBITING THE APPROVAL AND ISSUANCE OF PERMITS FOR THE CONSTRUCTION OF STREETS DRAINAGE, SEWER, AND/OR WATER FACILITIES WITHIN THE AREA OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BOUNDED BY THE GREEN LINE WHEREAS, the Council of the City of Virginia Beach, Virginia, has previously passed an ordinance (hereinafter "The Ordinance") on January 14, 1985, which stated that the City shall not approve any plans or issue any permits for the construction of various streets, drainage facilities, water and sewer facilities, and other facilities below the green line, which Ordinance is attached hereto as Exhibit A and incorporated herein by reference: and WHEREAS, the Council for the City of Virqinia Beach, on December 9, 1985, received a report from Harland Bartholomew & Associates, Inc., entitled "Growth Impact Analysis for the Courthouse-Sandbridge Study Area," dated December 1985, which report provided the City Council with various mechanisms to attempt to solve the rapid growth problems referenced in The ordinance and which report also provided City Council with various approaches for funding these proposed solutions; and WHEREAS, the Council for the City of Virginia Beach finds that additional public hearings should be held to discuss the various aspects and implications of this report; and WHEREAS, the Council for the City of Virginia Beach further finds that additional consideration of the various funding options for the recommendations listed in the Bartholomew Report needs to be done; and WHEREAS, the Council further finds that until additional public hearings and additional consideration of funding mechanisms take place, the course of conduct for the City stated in The Ordinance should remain unchanged, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: -27b - That, prior to July 1, 1986, or at such earlier date as City Council may establish upon receipt of the Implementation Plan, the City shall not approve any plans for or issue any permits for the construction of any public or private facility, sewer facility, or erosion and sediment-control facility (hereinafter collectively the "Improvements") to serve any parcel or parcels of residentially-zoned property for the purpose of constructing more than one single-family residence or to serve any parcel or parcels of commercially-zoned property in excess of three (3) acres situate within the area of the City of Virginia Beach, Virginia, bounded by the Green Line where the actual construction of the Improvement has not begun and/or where an erosion and sediment-control plan has not been approved and an erosion and sediment-control bond posted as of the date of this ordinance and where the Improvements or the residential or commercial zoning classification of the property do not conform to the recommendations set forth in the Implementation Plan. 2. That wherever the provisions of this Ordinance conflict with any other ordinance or provision of the Code of the City of Virginia Beach, Virginia, including any appendix thereto, the provisions of this Ordinance shall be controlling, provided, however, that nothing contained in this Ordinance shall prohibit the City from performing operations and maintenance activities or making capital improvements for which funds have been or may be appropriated in order to protect the health, safety, and welfare of the citizens of the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia, on this 16 day of December 1 98 5 KJC/da (A) 12/13/8 5 -2- - 28 - Item II-K.5 ADD-ON ITEM # 24705 V. A. Etheridge, represented an apartment complex (Oxford Development Company) and spoke concerning the effective date of the Ordinance relative Tap aud Meter Installation Fees aud Water Resource Recovery Fees. Mr. Etheridge requested Exemption. BY CONSENSUS, City Council SCHEDULED A SPECIAL MEETING for December 19, 1985, at 1:00 P.M., for further consideration of EXEMPTIONS to: Ordinance to amend and reordain Sections 37-7, 37-8, 37-9, 37-10, 37-11, and 37-12 and add Sections 37-7.1 and 37-7.2 to the Code of the City of Virginia Beach, Virignia, pertaining to Tap and Meter Installation Fees and Water Resource Recovery Fees. - 29 - ITEM II-L CONSENT AGENDA ITEM # 24706 Upon motion by Councilman Fentress, seconded by Councilman Jennings, City Council APPROVED in ONE MOTION Items 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 Item 3 was voted upon separately Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, *Vice Mayor Reba S. McClanan and Meyera Oberndorf Gouncil Members Voting Nay: None Council Members Absent: Nancy A. Creech and J. Henry McCoy, Jr., D.D.S. *Vice Mayor Reba S. McClanan Registered a VERBAL NAY on Item #5 - 30 - ITEM II-L-1 CONSENT AGENDA ITEM # 24707 Upon motion by Councilman Fentress, seconded by Councilman Jenaings, City Council ADOPTED: Resolution to induct into the City's HALL OF FAME: C. Mac Rawls Cecil B. Leary, Jr. Deborah V. McBride David C. Sullivan Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and J. Henry McCoy, Jr., D.D.S. -30a- 4b lit,oialuttlitt WHEREAS, the City o6 Vitginia Beach haA many emiotoyee,6 who have gone beyond theZA job da@@n4 and b)tought new and innovative idea6 to th@ pozition.6 that have imptoved wotk and 6eAviceA; and WHEREAS, many othea emptoyee.6 have made contAib@n.6 in th6A own wayz; and WHEREAS, the City o6 Vi4ginia Beach woutd tike to tecognize the6e emptoyeez and pay taibute to them annuaety by inducting zevetat who exemvUgy the out6tanding City emptoyee into the CITV EMPLOYEE HALL OF FAME; and WHEREAS, the,6e emptoyee,6 have been nominated and Aetected by th6A 6eMw City emptoyee6; and WHEREAS, C. MAC RAWLS oi the ViAginia Matine Science Mu.6eum ha4 been 6etected to be inducted into the 1985 CITY EMPLOYEE HALL OF FAME 60-t hi.6 out6tanding e66o@ on behat4 o6 the City o6 Vitg@ Beach and the Vi4ginia M@e Science Mu6eum; NOW, THEREFORE, THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, heAeby exp)Le4,6e6 it,6 appteciation to C. MAC RAWLS jo4 hi-6 out6tanding contAibution,6 a,6 an emptoyee o6 the City o6 Vikginia Beach and @end6 it6 cong@utation,6 on being Aetected a.6 one o6 the 6iAzt to be inducted into the VIRGINIA BEACH CITV EMPLOVEE HALL OF FAME. On behat4 o6 the Vi4ginia Beach C@ Councit, given undea my handiand 6eat t@ 16th dail o6 Mayo,k -wlw - WHEREAS, the City o6 Vitginia Beach hu many emptoyee.6 who have gone beyond theit job deAcAiptionA and btought new and innovative idea6 to th@ position4 that have imp4oved wotk and 4eAvice,6; and WHEREAS, many othea emptoyee6 have made contAibution4 in theia own way.6; and WHEREAS, the City o4 Vitqinia Beach woutd tike to flecognize the.6e emptoyee,6 and Pay t4ibute to thein annuatty by inducting seveut who exempti6y the out6tandZng City em.ptoyee into the CITY EMPLOVEE HALL OF FAME; and WHEREAS, the6e emptoyee,6 have been nominated and Aetected by thua 6ettow city em@yee.6; and WHEREAS, CECIL B. LEARY, JR., oi the Dep@ent o4 Gen@ SeAvice6 ha6 bee-n 6etected to be inducted into the 1985 CTTY EMPLOVEE HALL OF FAME 6o,t hiz out6tandinq e66o@ on behat6 o6 the City o6 Vitginia Beach and the Dep@ent o6 Genna SeAvice,6; NOW, THEREFORE, THE COUNCTL OF THE CITY OF VTRGINIA BEACH, VIRGINIA# heAeby expte.6.6u it6 app4eciation to CECIL B. LEARY, JR.'6ot hiz out6tandinq cont4ibutions " an emptoyee o6 the City o6 ViAg'@' Beach and extend6 it6 cong on6 on being zetected a6 one o6 the 6iut to be inducted into the VTRGTNTA BEACH CITY EMPLOYEE HALL OF FAME. On be-hat; o6 the Vitginia Beach C-ity Councit, given undea my hand and seat thi-6 16th day o6 Mayok WHEREAS, the City o6 ViAginia Beach haa many emiotoyea who have gone beyond tha& job deAcAiptions and b"kt new and innovative idea,& to theit po4ition6 that have imp4oved wotk and 6eAvice,6; and WHEREAS, many othea emptoyee,6 have made co@butiou in th@ own wayz; and WHEREAS, the City o4 ViAginia Beach would tike to tecognize theae emptoyee,6 and pay t)tibute to them annuatty by inducting 6evvut who exempti6y the out6tandtng City emptoyee into the CITV EMPLOVEE HALL OF FAME; and WHEREAS, the,6e emptoyee,6 have bee-n nominated and 4etected by theia 6@w City emptoyee6; and WHEREAS, DEBORAH V. McBRIDE o@ the Depakbnent o6 GeneAa SeAvice.6 h" been,6etected to be inducted into the 1985 CITV EMPLOVEE HALL OF FAME 6o)t heA out6tanding e66o@ on behat4 o6 the Cit y c6 ViAginia Beach and the Dep@ent o4 GeneAat SeAvicu; NOW, THEREFORE, THE COUNCIL OF THE CITV OF VIRGINIA BEACH, VIRGINIA, heAeby expte,64e,6 itA apoteciation to DEBORAH V. McBRIDE @,o)L heA out,6tanding contAibution,5 az an emptoyee o6 the City o4 VUginia Beach and exten@ it6 cong@ation6 on being 4etected a6 one o4 the 6iut to be inducted into the VIRGINIA BEACH CITY EMPLOYEE HALL OF FAME. On behatk o6 the Vitginia Beach City Councit, given undea mif hand and.6eat tki,6 16th day 06 5 WHEREAS, the City o4 Vitginia B@h ha4 many emptoyee6 who have gone beyond thei& job deAcAiption6 and b4ought new and innovative idea6 to theia position6 that have imP4oved wotk and zeavicu; and WHEREAS, many othea emptoyee,6 have made contAibution,6 in thei,, ow,, wayz; and WHEREAS, the City o6 Vitginia Beach woutd tike to itecognize the,6e emptoyee-6 and PaY t'Libute to them annuatty by inductingseveut who exempt.i4y the out4tanding City emptoyee into the CTTY EMPLOVEE HAL[ OF FAME; and WHEREAS, theze emptoyeea have been nominated and 6etected by thei4 6@w CitY emptoyea; and WHEREAs, DAVID C. SULLIVAN o6 the De@ent 04 Ptann,'cn haA been Aetected to be inducted into the 1985 CITY EMPLOYEEGHALL OF FAME 60)t hi,6 2ut,6tanding e66o@ on behat4 o; the City o4 ViAginia Beach and the Vep@ent o6 P@nzng; NOW, THEREFORE, THE COUNCIL OF THE CTTY OF VTRGINTA BEACH. VIRGTNTA, heAeby exp4e,6ze6 it6 appiceciation to DAVID C. SULLIVAN @o4 hi6"out6tan g contAibution6 az an emptoyee o6 the City o6 Vikginia Beach and extend6din it6 cong onz on being 6&-ected az one OK the @iut to be inducted into the VIRGINTA BEACH CTTV EMPLOYEE HALL OF FAME. On behat6 o4 the Vitginia Beach City Counat, given undea my hand and seat this 16th day c6 De5rbeA, 1985 P, - 31 - ITEM II-L-2 CONSENT AGENDA ITEM # 24708 Upon motion by Councilman Fentress, seconded by Councilman Jennings, City Council ADOPTED: Ordinance to authorize acquisition of property in fee simple for right-of-way for Rudee Inlet dredging and the acquisition of temporary and permanent easements of right-of-way, either by agreement or by condemnation Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert C. Jones, Vice Mayor Reba S. McClanan and Meyera Oberndorf Council Members Voting Nay: Council Members Absent: Nancy A. Creech and J. Henry McCoy, Jr., D.D.S. er -31a AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR RUDEE INLET DREDGING AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF WAY, EITHER BY AGREEMENT OR BY CONDEMNATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: WHEREAS, in the opinion of the Council of the City of Virginia Beach, a public necessity exists for the construction of this important project to provide maintenance of Rudee Inlet and for other public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation, pursuant to Sections 15.1-236 et seq., 15.1-898, 15.1-899, and Section 33.1-89, et seq., Code of Virginia of 1950, as amended, all that certain real property, in fee simple, including temporary and permanent easements of right of way as shown on the plans entitled Rudee Inlet Dredging Project, these plans being on file in the Office of Real Estate Department of Public Works, Virginia Beach, Virginia. Section 2. The City Attorney is hereby authorized to make, or cause to be made, on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said lands, if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Section 3. That an emergency is hereby declared to exist and this ordinance shall be in force and effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16 day of December 1985- - NT JAR/da 1 2/9/8 5 (9) APPI 31b L lp December 16 1985 - 32 - Item II-L.3 CONSENT AGENDA ITEM # 24709 Bill Yearick represented the Bay Colony/Cavalier Park Civic League and introduced a plan for the City to purchase surrounding property consisting of two additional parcels and requested the necessary funds be transferred which would amount to approximately $240,000. Upon motion by Councilman Fentress, seconded by Councilman Jennings, City Council ADOPTED ORDINANCE TO AUTHORIZE THE ACQUISITION OF PROPERTY in fee simple for the LINKHORN PARK site and the acquisition of property either by agreement or by condemnation; AND, Transfer the necessary funds ($85,000.00) for said acquisition of land for said park site. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. December 16 1985 -32a AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF PROPERTY FOR A PARK SITE PROPERTY TO BE ACQUIRED IN FEE SIMPLE; THE ACQUISITION OF PROPERTY EITHER BY AGREEMENT OR BY CONDEMNATION AND TO TRANSFER THE NECESSARY FUNDS FOR SAID ACQUISITION OF LAND FOR SAID PARK SITE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: WHEREAS, in the opinion of the Council of the City of Virginia Beach, a public necessity exists for the expansion of this park site and for public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, morals and for the welfare of the people in the City of Virginia Beach; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation, pursuant to Section 15.1-236 et seq. and Section 25-46 et seq., Code of Virginia of 1950, as amended, all that certain real property, in fee simple, as shown on the plans for 'Subdivision of Linkhorn Bay, Section 3," on file in the Department of Public Works, Municipal Center, City of Virginia Beach, Virginia. Section 2. The City Attorney is hereby authorized to make, or cause to be made, in behalf of the City of Virginia Beach, a reasonable offer to owners or persons having an interest in said land, if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Section 3. There is hereby established a capital project for the purchase of the site, and funds in the amount of $85,000.00 are hereby transferred to the project from project #4-807 Great Neck Meadows Park. Section 4. That an emergency is hereby declared to exist and this ordinance shall be in force and effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, 6 Virginia, on the I day of December 1985. JAR/rab 11/25/85 12/11/8 5 ---- -- - (9) ,i y -32b 7-1 k6 JOSEPH H NOLTE. JR., M,A,l - 33 - ITEM II-L-4 CONSENT AGENDA ITEM # 24710 Upon motion by Councilman Fentress, seconded by Councilman Jennings, City Council ADOPTED: Ordinance to amend and reordain the Code of the City of Virginia Beach, Virginia, by ADDING Section 33-114, pertaining to encroachment applications (Face Mounted Signs) Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and J. Henry McCoy, Jr., D.D.S. -33a - AN ORDINANCE TO AMEND AND REORDAIN THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY ADDING SECTION 33-114, PERTAINING TO ENCROACHMENT APPLICATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 33-114, of the Code of the City of Virginia Beach, Virginia, is hereby added and reads as follows: Section 33-114. Criteria for administrative approval of certain encroachment applicationg. City council hereby authorizes and requires the city manager or his designee to approve any encroachment into public streets, ways, places or property for a wall-mounted sign when the following conditions are met: (a) All the signs at the subject location, including the proposed sign, must be in compliance with the comprehensive zoning ordinance; and (b) The sum of the building setback from the property line, when added to the depth of the wall-mounted sign, must not exceed a total of twelve inches, nor shall the depth of the sign itself exceed twelve inches. For purposes of this ordinance, the phrase "wall-mounted sign" shall be defined as a permanent device attached to a wall of the subject location in such a fashion so that the face of the sign parallels the wall on which the sign is displayed.- This ordinance shall not be read as authorizing any encroachment which would be prohibited by any other part of the city code. When an application for an encroachment meets the criteria listed above, the provisions of section 33-113 relating to applications and fees shall not apply to that application. If it is determined that an application for an encroachment does not meet either or both of the criteria listed above, then the city manager or his designee is expressly precluded from approving the encroachment application. The applicant must then -33b - follow the procedure set forth in section 33-113 of the city code in order for said encroachment application to be considered by city council. Adopted this 16 day of December 1985, by the Council of the City of Virginia Beach, Virginia. KJC/da 6/4/8 5 9/16/85 11/8/85 12/9/85 misc -2- - 34 - ITEM II-L-5 CONSENT AGENDA ITEM # 24711 Upon motion by Councilman Fentress, seconded by Councibnan Jennings, City Council ADOPTED: Ordinance to amend and reordain Chapter 23 of the Code of the City of Virginia Beach, Virginia, by ADDING Section 23-7.1 pertaining to providing identification to police officer Voting: 8-1 Council members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, and Meyera Oberndorf Couricil Members Voting Nay: *Vice Mayor Reba S. McClanan Council Members Absent: Nancy A. Creech and J. Henry McCoy, Jr., D.D.S. *Verbal Nay 34a - AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 23 OF THE CODE OF THE CITY i, OF VIRGINIA BEACH, VIRGINIA, BY ADDING SECTION 23-7.1 PERTAINING TO PROVIDING IDENTIFICATION TO POLICE OFFICER BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 23-7.1 is hereby added to the Code of the City of Virginia Beach, Virginia, pertaining to providing identification to police officer, and shall read as follows: Section 23-7.1. Providing identification to police officer. It shall be unlawful and a class I misdemeanor for any person at a public place or place open to the public to refuse to identify himself by name and address at the request of a uniformed police officer or of a properly identified police officer not in uniform, or to provide false information in response to such a request, if the surrounding circumstances are such as to indicate to a reasonable man that the public safety requires such identification. Adopted this 16 day of December 1985, by the Council of the City of Virginia Beach, Virginia. RMB/da 10/28/85 (A) - 35 - ITEM II-L-6 CONSENT AGENDA ITEM # 24712 Upon motion by Councilman Fentress, seconded by Councilman Jennings, City Council ADOPTED: Ordinance authorizing the City Manager to execute a deed of dedication and vacation between Pembroke Square Associates and the City of Virginia Beach Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClannan aid Meyera Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and J. Henry McCoy, Jr., D.D.S. -35a AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED OF DEDICATION AND VACATION BETWEEN PEMBROKE SQUARE ASSOCIATES AND THE CITY OF VIRGINIA BEACH WHEREAS, Pembroke Square Associates, a Virginia general partnership, hereinafter "Pembroke," is the owner of that certain parcel of property bounded and described on sheet 2 of 2 of that certain plat entitled "PLAT SHOWING EASEMENTS TO BE VACATED AND EASEMENTS TO BE DEDICATED TO THE CITY OF VIRGINIA BEACH, VIRGINIA BY PEMBROKE SQUARE ASSOCIATES BAYSIDE BOROUGH - VIRGINIA BEACH, VIRGINIA," dated May 23, 1985, and prepared by Basgier and Associates, a professional corporation, Engineers-Surveyors- Planners, a reduced copy of which is attached hereto and made a part hereof as Exhibit A, hereinafter the "Plat;" WHEREAS, Pembroke desires to relocate the following described utility and drainage easements (hereinafter referred to as the "Easements To Be Vacated"): 1. That certain "201 UTILITY AND DRAINAGE EASEMENT TO BE VACATED (M.B. 66, P. 8), shown as the cross-hatched area on the Plat and bounded and described as follows: Beginning at a point 242.23 feet west of the intersection of the "EXISTING 201 UTILITY AND DRAINAGE EASEMENT" with Constitution Drive, said point being the POINT OF BEGINNING: thence N 73' 361 05" E a distance of 386.49 feet to a point; thence S 04' 571 23" w a distance of 21.47 feet to a point; thence S 73* 36' 05" W a distance of 394.31 feet to a point; thence N 16' 231 55" W a distance of 25.24 feet to the POINT OF BEGINNING. 2. Those certain variable width water or utility easements entitled "EXISTING 501 WATER LINE EASEMENT (M.B. 66, p. 37) TO BE VACATED," "EXISTING WATER LINE EASEMENT (M.B. 66, p. 37) TO BE VACATED," "EXISTING UTILITY EASEMENT TO BE VACATED (M.B. 66, p. 37)," and "EXISTING UTILITY EASEMENT (M.B. 66, p. 37) TO BE VACATED," shown as the stippled areas on the Plat; and WHEREAS, Pembroke has requested that the City vacate and release its interest in the Easements To Be Vacated and, in lieu thereof, has agreed to dedicate to the City the following -35b - alternate drainage and utility easements (hereinafter the "Easements To Be Dedicated'): 1. Those certain variable width utility and drainage easements shown as the shaded area on the Plat; and 2. Those certain "301 UTILITY EASEMENT TO BE DEDICATED TO THE CITY OF VIRGINIA BEACH," "15' UTILITY EASEMENT TO BE DEDICATED TO THE CITY OF VIRGINIA BEACH, VIRGINIA," and '1231 UTILITY EASEMENT TO BE DEDICATED TO THE CITY OF VIRGINIA BEACH, VIRGINIA," shown as the hatched areas on the Plat; and WHEREAS, Pembroke has agreed to relocate at no cost to the City any and all drainage and/or utility facilities presently existing within the Easement To Be Vacated; and WHEREAS, it has been determined by the Departments of Public Works and Public Utilities that the Easements To Be Vacated are in excess of the needs of the City upon dedication of the alternate Easements To Be Dedicated. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That based on the foregoing agreements by Pembroke, the Easements To Be Vacated are hereby declared to be in excess of the needs of the City and the City Manager is hereby authorized to execute a Deed of Dedication and Vacation between Pembroke and the City (a copy of which is attached hereto as Exhibit B and made a part hereof), wherein the City releases and quitclaims unto Pembroke its interest in the Easement To Be Vacated; and in lieu thereof, Pembroke dedicates to the City the alternate Easements To Be Dedicated and agrees to relocate at no cost to the City any and all drainage and/or utility facilities located within the Easements To Be Vacated. Adopted this 16 day of December 1985, by the Council of the City of Virginia Beach, Virginia. Ci/da 9/18/85 (B) -2- -35c 3 3 ELIS 14L a: 7 C) -35d Exhibit B THIS DEED OF DEDICATION AND "CATION is made this day of 1985, by and between PEMBROKE SQUARE ASSOCIATES, a Virginia general partnership, whose current address is 626 Pembroke One Building, Virginia Beach, Virginia, 23462, hereinafter "Pembroke,' party of the first part, and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, hereinafter 'City,' party of the second part. W I T N E S S E T H: WHEREAS, Pembroke is the owner of that certain parcel of property bounded and described on sheet 2 of 2 of that certain plat entitled 'PLAT SHOWING EASEMENTS TO BE "CATED AND EASEMENTS, TO BE DEDICATED TO THE CITY OF VIRGINIA BEACH, VIRGINIA BY PEMBROKE SQUARE ASSOCIATES BAYSIDE BOROUGH - VIRGINIA BEACH, VIRGINIA,' dated May 23, 1985, and prepared by Basgier and Associates, a professional corporation, Engineers-Surveyors- Planners, which plat is attached hereto and recorded simultaneously herewith in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, hereinafter the "Plat;" and WHEREAS, Pembroke desires to relocate the following described utility and drainage easements (hereinafter referred to@ as the "Easements To Be Vacated"): 1. That certain "201 UTILITY AND DRAINAGE EASEMENT TO BE VACATED (M.B. 66, P. 8), shown as the cross-hatched area on the Plat and bounded and described as follows: Beginning at a point 242.23 feet west of the intersection of the 'EXISTING 201 UTILITY AND DRAINAGE EASEMENT" with Constitution Drive, said point being the POINT OF BEGINNING: thence N 73' 361 05" E a distance of 386.49 feet to a point; thence S 04* 571 23' W a distance of 21.47 feet to a point; thence S 73* 361 05" w a distance of 394.31 feet to a point; thence N 16' 23' 55" w a distance of 25.24 feet to the POINT OF BEGINNING. 2. Those certain variable width water or utility easements entitled "EXISTING 501 WATER LINE EASEMENT (M.B. 66, p. @137) TO BE VACATED," 'EXISTING WATER LINE EASEMENT (M.B. 66, p. 1137) TO BE VACATED," "EXISTING UTILITY EASEMENT TO BE VACATED l@(M.B. 66, p. 37), and "EXISTING UTILITY EASEMENT (M.B. 66, p. 137) TO BE VACATED," shown as the stippled areas on the Plat; and WHEREAS, Pembroke has requested that the City vacate and I I I @irelease its interest in the Easements To Be Vacated and, in lieu I I @thereof, has agreed to dedicate to the City the lollowing ,!alternate drainage and utility easements (hereinafter the @l"Easements 'fb Be Dedicated"): 1. Those certain variable width utility and drainage easements shown as the shaded area on the Plat; and 2. Those certain '301 UTILITY EASEMENT TO BE DEDICATED ITO THE CITY OF VIRGINIA BEACH,'- --15- UTILITY EASEMENT TO BE liDEDICATED TO THE CITY OF VIRGINIA BEACH, VIRGINIA," and "231 IIUTILITY EASEMENT TO BE DEDICATED TO THE CITY OF VIRGINIA BEACH, VIRGINIA," shown as the hatched areas on the Plat; and WHEREAS, Pembroke has agreed to relocate at no cost to ;ithe City any and all drainage and/or utility facilities presently @'existing within the Easement To Be Vacated; and 2- WHEREAS, in consideration of the foregoing, the City has agreed to release its interest in the EasementS To Be Vacated. NCYW, THEREFORE, for and in consideration of the foregoing agreements and benefits accruing or to be accrued to the parties hereto and for other good and valuable consideration, the City hereby releases and forever QUITCLAIMS to Pembroke the Easements To Be Vacated, which action was authorized by ordinancel adopted by the Council of the City of Virginia Beach, Virginia, on , 1985; and Pembroke hereby dedicates and conveys with GENERAL WARRANTY and English Covenants of Title the Easements To Be Dedicated to the City, its successors, and assigns, to construct, reconstruct, alter, operate, and maintain utility and/or drainage facilities, in, under, upon, and across said easements, including the right of ingress and egress to th, same. It is agreed between the parties hereto that the City its agents, assigns, and/or successors shall have the right to inspect the Easements To Be Dedicated and to cut and clean all undergrowth and remove any obstructions adjacent to said easements and to make use of the adjacent property for ingress and egress and for other activities necessary to construct, reconstruct, alter, operate, and maintain the utility and/or drainage facilities located therein. Pembroke covenants and agrees for itself, its heirs, successors, and assigns that the consideration aforementioned shall be in lieu of any and all claims of compensation and -3- damages by reason of the location, construction, reconstruction, alteration, or maintenance of the utility and/or drainage facilities. WITNESS the following signatures and seals. PEMBROKE SQUARE ASSOCIATES, A Virginia General Partnership As@ciates r Napolitaiio, General ck/Na'politano, Pft ner t BY By Shenandal Richard E.,!Olivieri, General By Vincent R. Olivieri, Partner ing Par"pr (-' (,.,! L- By: EMILIO OLIVIERI FAMILY B Y 7-@g Robert V. Olivieri PARTNERSHIP NO. 1, General Olivieri, rtner By@ 3rtFFer by Vincent R. Olivieri, his Attorney-In-Fact CITY OF VIRGTNIA BEACH, A Municipal Corporation By City Manager SEAL ATTEST: City Clerk -4- STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that FREDERICK NAPOLITANO, General Partner of PEMBROKE SQUARE ASSOCIATES, whose name as such is signed to the foregoing Deed of Dedication and Vacation, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this @lk day of 1985. Notaty PubXtc My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: a Notary Public in and for the City and state aforesaid, do hereby certify that RICHARD E. OLIVIERI, General Partner of PEMBROKE SQUARE ASSOCIATES, whose name as such is signed to the foregoinq Deed of Dedication and Vacation, has acknowledged the same before me in i my City and State aforesaid. GIVEN under my hand this day of 1985. Notary PObltt My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: a Notary Public in and for the City and State aforesaid, do hereby certify that RICHARD E. OLIVIERI, Managing Partner of EMILIO OLIVIERI FAMILY PARTNERHSIP NO. 1, a General Partner of PEMBROKE SQUARE ASSOCIATES, whose name as such !S signed to the foregoing Deed of Dedication and Vacation, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this &4t day of 1985. Notary-Pu]K le7- My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and Statre aforesaid, do hereby certify that VINCENT R. OLIVIERI, Attorney-In-Fact, for ARMON OLIVIERI, General Partner of PEMBROKE SQUARE ASSOCIATES, whose name as such is signed to the foregoing Deed of Dedication and Vacation, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of a 1985. Notary Publ@lc@ My Commission Expires: -6- STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I a Notary Public in and for the City and State aforesai4l do hereby certify that FREDERICK NAPOLlTANO, Managing Agent c,f BLUE RIDGE A@-SOCIATES, a General Partner of PEMBROKE SQUARE ASSOCIATES, whose name as such is signed to the foregoing Deed of Dedication and Vacation, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this 104, day of 1985. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, - I a Notary Public in and for the City and State aforesai reby certify that VINCENT R. OLIVIERI, Managing Agent of SHENANDALE ASSOCIATES, a General Partii(,r of PEMBROKE SQUARE ASSOCIATES, whose name as such is signed to the foregoing Decd of Dedication and Vacation, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand tliis "- day of 1985. Notary Pu My Commission Expires:- STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: 11 @@ I a Notary Publj(7 in and for the City an Stateaforesai do hereby certify that ROBERT V. OLIVIERI, General Partner of PEMBROKE SQUARE ASSOCIATES, whose name as such is signed to the foregoing Deed of Dedication and Vacat-i.011, has acknowledged the same before me in my city and State aforesaid. GIVEN under my hand this @@ day of 1985. Notar STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: 11 -, a Notary Public in and for the City and State aforesaid, do hereby certify that THOMAS H. MUEHLENBECK, City Manager, and RUTH HODGES SMITH, City Clerk, for the CITY OF VIRGINIA BEACH, whose names as such are signed to the foregoing Deed of Dedication and vacation, have acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 1985. Notary Public My Commission Expires: CJ/da (27C.3) 7/2 4/8 5 8/16/85 -7- - 36 - ITEM II-L-7 CONSENT AGENDA ITEM # 24713 Upon motion by Councihnan Fentress, seconded by Councilman Jennings, City Gouncil ADOPTED: Ordinance, upon SECOND READING, to appropriate $117,703 from the General Fund to the School Board. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert C. Jones, Vice Mayor Reba S. McClanan and Meyera Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and J. Henry McCoy, Jr., D.D.S. Decem 36a AN ORDINANCE TO APPROPRIATE $117,703.00 FROM rHE GENERAL FUND TO THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACii, VIRGINIA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: WHEREAS, by Resolution duly adopted on the day of 1985, The School Board of the City of Virginia Beach, Virginia determined that the property described in said Resolution was surplus; and WHEREAS, by recordation of said Resolution in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book , at Page _, the title to said property became vested in the City of Virginia Beach, Virginia; and WHEREAS, said property has been conveyed to the Commonwealth of Virginia in connection with the Deparlment of Highways and Transportation, Haygood Road (Project No. UOOO-134-107, RW-202) widening and improvement project, for and in consideration of the sum of $117,703.00; and WHEREAS, 5 22.1-129, Code of Virginia, 1950, as amended indicates that funds from the sale of such property are subject to appropriation by the local governing body; and WHEREAS, City Council believes that the aforeszid funds from the sale of surplus school property should be appropriated to The School Board of the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED SY THE COUNCIL OF THE CITY OF VIRGINIA BEACH THAT $117,703.00 BE APPROPRIATED FROM THE GENERAL FUND TO THE SCHOOL BOARD OF THE CITY OF VIRGINIA BENCH. This Ordinance shall be effective from the date oy its adoption. Adopted by the Council of the City of Virginia Bearh, Virginia on the 16 day of December 1985. First Reading: December 9, 1985 Second Reading :December 16, 1985 JAR/rab 8/12 85 (ORD@G) - 37 - ITEM II-L-8 CONSENT AGENDA ITEM # 24714 Upon motion by Counci-Iman Fentress, seconded by Councilman Jennings, City Council APPROVED, upon FIRST RF.ADING: Ordinance to accept and appropriate $20,000 from Chapel Itill Associates for recreational facilities in the Jamestown Subdivision Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Renley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and J. Henry McCoy, Jr., D.D.S. December 16, 1985 37a - AN ORDINANCE TO ACCEPT AND APPROPRIATE $20,000 FROM CHAPEL HILL ASSOCIATES FOR RECREATIONAL FACILITIES IN THE JAMESTOWN SUBDIVISION WHEREAS, Chapel Hill Builders, the developer of Jamestown Townhouse Subdivision, has agreed to dedicate a 1.2 acre site that would include a pool, and WHEREAS, the developer has been maintaining the swimming pool for the past nine years, and WHEREAS, due Lo the expense involved in maintaining the pool, the deve- loper wishes to discontinue the upkeep of the pool, and WHEREAS, Chapel Hill will dedicate by deed to the City the recreational site known and designated as Parcel B in Section I of Jamestown, and the City will accept same in full satisfaction of the recreational space requirements imposed by the subdivision ordinance for the subdivision of Jamestown, and WHEREAS, Chapel Hill will additionally pay $20,000 to the City to be used by the City for the installation of such other recreational facilities on the site that the City deems appropriate, and WHEREAS, Chapel Hill will further post a $10,000 bond, which shall remain posted for a period of two years from the date of agreement, which shall be acceptable to the City in form and type for the purpose of offsetting legal expenses, if any, that are incurred by the City in the event the City decides to fill-in the existing swimming pool, and WHEREAS, the City will expeditiously review and process the subdivision plats for the remaining sections of Jamesto@n. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that the City accepts and appropriates $20,000 from Chapel Hill, and also accepts the $10,000 bond to be posted by same. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 1985. FIRST READING: December 16, 1985 - 38 - ITEM II-L-9 CONSENT AGENDA ITEM # 24715 Upon motion by Councilman Fentress, seconded by Councilman Jennings, City Council ADOPTED: Ordinance to transfer $150,800 f rom within the Department of Public Works for Photogrammetric Services Contract Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and J. Henry McCoy, Jr., D.D.S. 38a - 1- z 0 0 AN ORDINANCE TO TRANSFER $150,800 FROM WITHIN THE DEPARTMENT OF PUBLIC WORKS > FOR PHOTOGRAMMETRIC SERVICES CONTRACT 0 WHEREAS, during the FY 1985-86 budget process, City Council approved funds for a Photogrammetric Survey at an estimated cost of $2,000,000, and WHEREAS, because the contract spanned two fiscal years $1,000,000 was appropriated in FY 1985-1986 with the remainder to be programmed in FY 1986-1987, and WHEREAS, bids have been received and evaluated by the Department of Public Works and a contract is recommended with a total cost of $1,150,800, and WHEREAS, to fully fund the contract in this fiscal year it is recom- mended that $150,800 be reallocated within the budget for the Department of Public Works, and WHEREAS, no additional funds will be needed in FY 1986-87 for this contract. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that appropriations totalling $150,800 be reallocated within the Department of Public Works to fully fund the Photogrammetric Survey contract. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach on the Sixteenth day of December 1985. PWC 13/ORD9 - 38b - ATTAC@NT #1 RESP014DANTS TO R.F.P. FOR PHOTOGRA@IMETRIC SERVICES COtiPANY TOTAL BID Chicago Aerial Surveys 996,532 Mid-States Engineering 1,150,800 Benatec Associates 1,157,694 Kucera & Associates 1,245,385 Lowe Engineering 1,279,000 Aerial Data Reduction Assoc., Inc. 1,461,117 Aero-Metric Engineering 1,790,000 @lichael baker Corp. & 2,0@aO,408 Markhurd Corp. Det-@berry & Davis 2,070,209 Analytical Su@veys, Inc. 2,136,658 Air Survey & Design ?,842,UOO Gi-eenhorne & O'Mara 3,920,650 Ayres & Associates, Inc. tlo Total FORM NO. P.S. I ATTACHMENT #2 @f -vi3r@i3miEk INTER-OFFICE CORRESP014DENCE DATE: December 3, 1985 TO: C. Oral Lambert, Jr. DEPARTMENT: Director/Public Works FROM: p, g, Tr,jphlnoi VEPARTMENT: pW/Fnainpprinn SUBJECT: Phntn(3rammptrir sprvirpq The deadline date for our Request For Proposal for Photogrammetric Services was September 30, 1985. Thirteen proposals were received and evaluated. The evaluation included awarding points for technical content and bid price. From the original thirteen proposals, we selected for oral interviews three fi ms with the most favorable combination of high technical scores and the low bid prices. These three firms are: Chicago Aerial Survey (Des Planes, Illinois) 996,532 Mid-States Engineering (Indianapolis, Indiana) 1,150,800 Lowe Engineering (Atlanta, Georgia) 1,279,000 Before the oral interviews, we contacted the selected firms' references. In general, references received for Lowe Engineering and Mid-States Engineering were more favorable than those received for Chica-go Aerial Survey. On November 13, 1985, David Littl@, Philip Baker and I conducted oral interviews of the selected fims. Each fi m gave a presentation which was followed by specific questions regarding their proposals. At the conclusion of the oral interviews it was our opinion that although all three fims could provide the requested services, given the nature of our project, Lowe Engineering and Mid-States Engineering have more expertise in modern digital mapping. The two most important products we will receive in addition to the digital maps are aeriai photographs and ground control network. Color photographs provide the best product to be used in the data capture phase (stereo digitizing, contours and physical features) but do not produce the required quality half-tone enlargements. Mia-States Engineering proposes a second flight of higher altitude using black and white photography to provide the quality half- tone enlargements. Neither Chicago Aerial Surveys nor Lowe Engineering proposes such a second flight. Mid-States Engineering 's horizontal and vertical control Photogrametric Services Page 2 network is far superior to that of the other firms. Of the three fi ms, Mid-States Engineering's digital mapping experience far exceeds the other two competitors. Currently, Mid-States Engineering has nine VAX computer systems, eight of which are Intergraph systems. Their in-depth knowledge of Intergraph's software and hardware will better serve our needs since the data will be stored and used in our existing Intergraph VAX computer mapping system. It is our consensus that Mid-States Engineering, due to their past experience, equipment and technical approach to our project, will provide the best services to the City of Virginia Beach. Considering all technical and cost aspects. I recommend we enter into final contract negotations as soon as possible with Mid-States Engineering. Since we are trying to meet the aerial flying window (January-February 1986) when the conditions during photography are best, we need to have a signed contract at the earliest possible date. e 1) D. R. Trueblood City Engineer DRT/LDL/bb FORM NO. P.S. I INTER-OFFICE CORRESPONDENCE DATE: 12 / It 85 TO: Thomas H. Muehlenbeck DEPARTMENT: Executive FROM: Judith M. Robertson DEPARTMENT: DF/Purchasing SUBJECT: PHOTOGRAMMETRIC SERVICES, BID #9103 The Purchasing Division supports the recommendation of the Public Works Department that the bid for Photogrammetric Services be negotiated with Mid States Engineering as they have been deemed most meritorious after considering technical aspects, oral presen- tation and cost (See Attached). JMR/ic cc: Giles G. Dodd Bid File #9103 Enclosure COWANY SCORE BID PRICE Mid-States Engineering 87 $i,iso,Boo Chicago Aerial Survey 84 996,S32 Lowe Engineering 76 1,279,000 Analytical Surveys, Inc. 74 2,@36,658 Ayers & Associates, Inc. 65 1.2 million + Michael Baker Corp. & 60 2,030,408 Markhurd Corp. Aerial Data Reduction Assoc, Inc. 60 1,461,117 Benatec Associates 60 l,lS7,694 Kucera & Associates 59 1,245,385 Dewberry & Davis ss 2,070,209 Air Survey & Design S2 2,842,000 Aero-Nletric Engineering si 1,790,000 Greenhome & 01@lara 49 3,920,6SO - 39 - ITEM II-L-10 CONSENT AGENDA ITEM # 24716 Upon motion by Councilman Fentress, seconded by Councilman Jennings, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of City property known as site of Fire Station #9 at South Witchduck Road to Arthur Bulman, Jr., his heirs, assigns and successors in title This encroachment shall be subject to: 1. The owner agrees to remove the encroachment when notified by the City, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. owner agrees to post a $3,500 bond to cover replacement of the entire hedge form by a landscape contractor, if necessary. 5. Owner agrees that the contractor will notify the City's Landscape Services Division prior to beginning any work. 6. Owner agrees to match any plant material requiring replacement, to the height and form of the existing hedge prior to construction. 7. Owner agrees to employ a licensed landscape contractor to replace damaged materials where required. 8. The owner agrees that the plant material provided and the installation performed must be to the complete satisfaction of and subject to final approval by a representative of the Landscape Services Division of the General Services Department before the aforementioned bond is released. December 16 1985 - 40 - ITEM II- L-10 CONSENT AGENDA ITEM # 24716 (Continued) Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, R. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and J. Henry McCoy, Jr., D.D.S. - 40a - Requested By Department of Public works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF CITY PROPERTY KNOWN AS SITE OF FIRE STATION #9 AT SOUTH WITCHDUCK ROAD TO ARTHUR BULMAN, JR., 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, Arthur Bulman, Jr., his heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment into a portion of City property known as site of fire station #9 at South Witchduck Road. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a private 81 P.V.C. sanitary sewer line to serve National Pride Car Wash at South Witchduck Road and Ruritan Court 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 property known as site of fire station #9 at South Witchduck Road, as shown on the certain plat entitled: "PLAT SHOWING PROPOSE ENCROACHMENT OF 8" SANITARY SEWER LINE AND APPURTENANCES ACROSS PROPERTY OF CITY OF VIRGINIA BEACH, VIRGINIA RECORDED IN D.B. 2056, PG. 174 IN THE CLERK'S OFFICE, CIRCUIT COURT, VA. BEACH, VA. KEMPSVILLE BOROUGH & VIRGINIA BEACH, VIRGINIA FOR NATIONAL PRIDE EQUIPMENT, INC. SCALE: 1"=201 MAY 21, 1985 WILFRED P. LARGE, INC. SURVEYING AND PLANNING VIRGINIA BEACH, VIRGINIA," 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 Arthur Bulman, Jr., his heirs, assigns and successors in title and that within thirty 30 days after such - 40b notice is given, said encroachment shall be removed from the City property known as site of fire station #9 at South Witchduck Road and that Arthur Bulman, Jr., 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 Arthur Bulman, Jr., 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 Arthur Bulman, Jr., 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 16 day of December 19 R9 GLF/rab 8/13/85 (29B) -2- 4oc c-c2. CATS A m -3;' 17-)1 -4-VA-.S. v SCA4E 0 .5' /0' 7- VI // V/, 4 C-/ A5@@.-I, VA. WILFRED P LARGE, INI SURVE - 41 - ITEM II-L-11 CONSENT AGENDA ITEM # 24717 Upon motion by Councilman Fentress, seconded by Councilman Jennings, City Council APPROVED a 60-day EXTENSION FOR COMPLIANCE upon an Ordinance closing, vacating and discontinuing a portion of 22nd Street in the petition of Runnington Investment Corporation Application of Runnington Investment Corp., for the disco-itinuance, closure and abandonment of a portion of 22nd Street beginning at a point 422 feet East of Barberton Drive, running a distance of 104.01 feet along the Southern property line, running a distance of 64.86 feet along the Eastern property line, running a distance of 145.33 feet along the Northern property line and running a distance of 50 feet along the Western property line. Said parcel contains 6233.75 square feet (Lynnhaven Borough). Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera Oberndorf Council Members Voting Nay: None Council Members Absent; Nancy A. Creech and J. Henry McCoy, Jr, D.D.S. 6 1985 - 42 - ITEM II-L-12 CONSENT AGENDA ITEM # 24718 Upon motion by Councilman Fentress, seconded by Councilman Jennings, City Council APPROVED: BINGO/RAFFLE PERMITS Virginia Beach General Hospital Anxiliary Raffle Sisterhood of Kehillat Bert Hamidrash Bingo/Raffle Tidewater Center for Human Growth, Inc. Bingo/Raffle Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and J. Henry McCoy, Jr., D.D.S. - 43 - ITEM II-L-13 CONSENT AGENDA ITEM # 24719 Upon motion by Counci-Iman Fentress, seconded by Councilman Jennings, City Council APPROVED the Ordinance authorizing tax refunds in the amount of $885.61 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanarl and Meyera Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and J. Henry McCoy, Jr., D.D.S. December 16 1 8 0-M .0. C.A. I 43a - 12/3/85 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- 0 ate Penalty lnt. Total Year of Tax Number tion No. Paid John BLamond 82 RE(1/2) 45629-7 12/5/81 14.40 John BLamond 82 RE(2/2) 45629-7 6/5/82 14.40 John BLamond 83 RE(1/2) 47140-2 12/5/82 18.00 John BLamond 83 RE(2/2) 47140-2 6/5/83 18.00 John BLamond 84 RE(1/2) 49409-3 12/5/83 24.00 John BLamond 84 RE(2/2) 49409-3 6/5/84 24.00 John W& Geraldine Wood 85 pp 175244-3 46603 6/5/85 129.78 GMAC 85 pp 61265-9 46600 6/5/85 222.78 Morrison Inc 85 pp 112443-5 46659 10/14/85 361.25 Richard W Wagoner 85 pp 164592-Z-) 46592 5/15/85 42.00 Barbara J Pugh N/A Pkng 10',I)3-- 11/22/85 12.00 William Greenwell 86 Dog V]9007 11/18/85 5.00 Total 885.61 This ordinaiice shall be effective from date of adoption. The @.gyatement(s) totaling Certified as to payment; were approved by the Council of the City of Virginia Beach on the of 11 c@e@ e@r -1.985 hn T. AtICii Approved as to forw: Rutti Hodges Smith City Clerk le Bimson, City Atiorney - 43 a - Item II-L.14 CONSENT AGENDA ITEM # 24719a ADD/ON Upon motion by Councilman Fentress, seconded by Councilman Jennings, City Council ADOPTED a RESOLUTION IN APPRECIATION to: DIANE C. ROCHE Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and J. Henry McCooy, Jr., D.D.S. -43b- WHEREAS, the ta6t @i6tee-n ye@ has seen tAemendou4 gwwth in Vikginia Beach; and WHEREAS, ViAginia Beach i-6 a veay ctive p@e to tive, woxk, and u"e a 6amity; and WHEREAS, thme @actou teave many V@inia Beach ,e,6ident6 in need o6 6eAviceA p)tovided thaouqh cont)Libutionz to the United Way; and WHEREAS, Vikginia Beach city emptoye" have atmys been teadeu in contkib@n6 to the UmUed Way; and WHEREAS, thia yea,%, undea the teadeuhip o6 DTANE C. ROCHE, the 1985 CamPaign Coo@atot, a dynamic -loaiqn MA ptanned and c@ed out; and WHEREAS, d@g a campaign when many otganization6 and @eA 'OeAe Attuggting and many did not meet theit goatz, undea Vianef,6 teade,%6hip, the City oi ViPLginia Beach once again met the chattenge and )t@ed it,6 ta4get 60,% United Way co@@n6; NOW, THEREFORE, THE VIRGIMIA BEACH CTTV COUNCIL w"hu to expite,64 it6 appfleciation to DIANE C. ROCHE 6ot heA many tong houaz 06 wo,%k to -ke thi,6 Yea4',6 United Way Campaign a SucceAz and an accompti.6hm@ 6o)t Whah the Councit and CitY e-MPtOYP-e.6 can be veay p4oud. On behaf,4 o6 the ViAginia Beach city counczt-, given andea my handand Aeat thi,6 16th day o4 - 44 - Item II-M.1/12 APPPOINTMENTS ITEM # 24720 BY CONSENSUS, City Council RESCHEDULED the APPOI S: ADVERTISING SELECTION COMMITTEE BUILDING CODE APPEALS BOARD COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY FRANCES LAND HOUSE BOARD OF GOVERNORS PLANNING COMMISSION PLUMBING & MECHANICAL APPEALS BOARD SCIIOOL BOARD SOUTHEASTERN VIRGINIA AREA-WIDE MODEL PROGRAM (SEVAMP) TIDEWATER C014MUNITY COLLEGE BOARD TIDEWATER STADIUM AUTHORITY VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION December 16, 1985 - 45 - Item II-N.1 UNFINISHED BUSINESS ITEM # 24721 LYNNHAVEN RIVER TASK FORCE REPORT Darrell Hughes, Chairman of the LYNNHAVEN RIVER TASK FORCE distributed copies of the TASK FORCE'S Report to City Council. Said report is hereby made a part of the record. Attempts are being made, however, to more fully understand the environmental attributes that the Lynnhaven River possesses and restore those attributes to their former state. A number of issues have been identified which must be given consideration if this GOAL is to be realized. The REPORT detailed all of these issues: The Character of the Lynnhaven Connection to Other Watersheds Shellfish Harvesting Drainage Water Quality Association with the Chesapeake Bay Program Growth and Development Public Awareness and Education Cultural Appreciation Ecology Recreational Boating Data Base Maintenance - 46 - Item II-N.2. UNFINISHED BUSINESS ITEM # 24722 Upon motion by Councilman Baum, seconded by Councilwoman Henley, City Council RESCHEDULED the Regular Neet@ of City Council on January 20, 1985 (Lee-Jackson-King Holiday) to January 21, 1985. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, 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. - 47 - Item II-N.3 UNFINISHED BUSINESS ITEM # 24723 ADD-ON Councilman Baum referenced the PUBLIC HEARING on the MASTER STREET AND HIGHWAY PLAN which will be conducted on December 17, 1985, at PRINCESS ANNE HIGH SCHOOL. Councilman Baum advised he believed there was some vacant land which the City kept unencumbered and referenced dispensement of easement areas. The City Manager advised Staff will report concerning same at the SPECIAL MEETING OF CITY COUNCIL on December 19, 1985. - 48 - Item II-N.4 UNFINISHED BUSINESS ITEM # 24724 ADD-ON SOUTHEASTERN FREEWAY HIGHWAY PLAN Upon motion by Councilman Robert G. Jones, seconded by Councilman Baum, City Council REFERRED to the Planning Commission for their expeditious recommendation: Consideration of placing the SOUTHEASTERN FREEWAY on the Master Street and Highway Plan. 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. - 49 - Item II-0.1 NEW BUSINESS ITEM # 24725 ADD-ON Councilman Jennings referenced letter from the ENDEPENDENCE CENTER concerning Representatives from the Disability Community. These representatives had presented a list of Complaints to the TIDEWATER REGIONAL TRANSIT (TRT) COMMISSION at their October Meeting. These complaints ranged from the lack of policies and procedures for special transporation services (STS) to an inability to identify $40,400 of local government subsidies in the Operating Budget. Councilman Jennings requested the City Manager investigate this matter and advise Council of any irregularities. - 50 - Item II-P.1 ADJOURNMENT ITEM # 24726 Upon motion by Councilman Jennings, and BY ACCLAMATION, City Council ADJOURNED the meeting at 7:05 P.M. Be e 0 Chief Deputy City Clerk -Ruth Hodges-Smith, CMC City Clerk City of Virginia Beach Virginia