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HomeMy WebLinkAboutSEPTEMBER 16, 1985 MINUTES "WORLD'S LARGEST RESORT CITY" cn,y COUNCIL MAYOR HAROLD HEISCHODER At L-9, VICE-MA YOR RM & MCLANAN, P-., A- B-gh JOHN A. RAUA(. Bi.@ B-gh NANCY A. CPEECH At @ ROAMTE. FEN7RESS, V@ B..k B-gh BARBARA M. @EY, P..v @A H JACK JEAWNGS, JR., L@.- B-gh LOUIS R. JONES, By@ B-wk ROBF.RT 0. JOAIES, At Um. J. RENRYM@COY. JR., K..p.@ B-gh A[EYFAA E. OBERNDORP, Al L-19. 181 CrTy HALL BUILDI.VG RUTH HODGES SURM, CMC. Clv Cl-k MUNICIPAL CEN7'F-R CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA WZ6-OM 18041427-4= September 16, 1985 Virginia Beach City Council ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - I PM A. CALL TO ORDER - Vice-Mayor Reba S. McClanan B. ROLL GALL OF COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM II. REGULAR SESSION OF VIRGINIA BFACH CITY COUNCIL - Council Chambers - 2 PM A. INVOCATION: Father Raymond T. McIntyre Star of The Sea Catholic Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CITY MANAGER'S ADMINISTPATIVE ITEMS 1. Review of Consent Agenda E. MAYOR/COUNCIL DISCUSSION OF PERTINENT MATTERS F. PRIESENTATIONS 1. 'Get It Straight- - Virginia Beach Council of PTA's 2. Resolution Virginia Beach Police Mounted Patrol G. PROCLAMATION 1. King Neptune Festival Prayer Week H. MINUTES 1. Motion to accept/approve the 14inutes of September 9, 1985. I. PUBLIC RFARTNG - City of Virginia Beach Proposed Budgetary Increases for the 1985-1986 Fiscal Year J. PLANNING 1. Ordinance closing, vacatirig and discontinuing a portion of Claudia Drive in the petition of the City of Virginia Beach (Bayside Borough). Recommendation: APPROVAL 2. Ordinance closing, vacating and discontinuirig a portion of Old Holland Road in the petition of Larry L. Reiter Applicant requests further extension for compliance. (Kempsville Borough). Recommendation: GRANT EXTENSION 3. Ordinance closiig, vacating and discontinuing a portion of Ranger Street in the petition of Roland H. and Virginia L. Copeland (Kempsville Borough). Recommendation: DENIAL 4. Application of Louise W. McCracken for a variance to Section 4.4(b) of the Subdivision Ordinance which requires that lot dimensions conform to the Comprehensive Zoning Ordinance. The applicant wishes to subdivide an approximate 4.7-acre parcel into three lots located at 801 South Spigel Drive (Lynnhaven Borough). Recommendation: APPROVAL 5. AppLication of Eleanor H. MacRae for a variance to Section 4.4(b) of the Subdivision Ordinance which requires that lot dimensions conform to the Comprehensive Zoning Ordinance. The applicant wishes to resubdivide two existing parcels, C-1 and C-2, into a single building site designated Parcel C-C located on the east side of Sharp Street, north of Mars Street (Lynnhaven Borough). Recommendation: DENIAL 6. A-@lication of Branwick Associates for a variance to Section ZF (b) of the Subdivision Ordinance whic e u es that lot dimensions conform to the Comprehensive Zoning Ordinance and to Section 4.4(d) of the Subdivision Ordinance which requires that all lots have a direct access to a public street. The applicant wishes to subdivide this 12.545-acre site into two lots located on the north side of Laskin Road, 1,000 feet east of Freemae Drive (Lynnhaven Borough). Recommendation: DENIAL 7. Application of Mary Josephine Lilley for a conditional use permit for a borrow pit on an 11.01-acre parcel located on the east side of Oceana Boulevard, north of Credle Road (Lynnhaven Borough). Recommendation: APPROVAL 8. Application of National Pride Equipment, Inc., for a conditional use permit for a car wash facility on a 34,412- square foot parcel located at t@e southeast corner of Kempsville Road and Ruritan Court (Kempsville Borough). Recommendation: DENIAL 9. Application of Winston M. and Christine V. Ho@man for a conditional use permit for a single-family dwelling in the AG-1 Agricultural District on a 16.24-acre parcel located on the west side of Princess Anne Road, south of S. Stowe Road (Pungo Borough). Recommendation: APPROVAL 10. Application of Red Wing Lake Associates, Inc., for changes of zoning located along the north side of Dam Neck Road, at the western boundary of the Dam Neck Naval Station (Princess Anne Borough): From AG-1 Agricultural District to R-8 Residential District on a117.66-acre parcel. AND, From AG-2 Agricultural District to R-8 Residential District on a15.9-acre parcel; Recommendation: APPROVAL 11. Application of Lill-ie Dalby, Anderson Ward, and Wil.Uam Austin for a change of zoning from AG-2 Agricultural District to B-2 Community-Business District on a 1.053-acre parcel located at the southeast corner of North Landstown Road and Princess Anne Road (Princess Anne Borough). Recommendation: DENIAL 12. Application of Landatown and Princess Anne Road Associates for a change of zoning from AG-2 Agricultural District to B-3 Central-Business District on a 7.425-acre parcel located on the south side of North Landstown Road, east of Princess Anne Road (Princess Anne Borough). Recommendation: DENIAL K. RESOLUTION 1. Virginia Beach City Council Resolution requesting a six- mouth extension on the -co-pnt period- for the United States Army Corps of Engineers' Draft Environmental Impact Statement (Sandbridge)- Industrial Development Revenue Bonds 2. Resolution approving the issuance of Industrial Development Revenue Bonds: a. U.S. Shelter Corporation - $25,000,000 b. Tidewater-Oxford Limited Partnership - $32,000,000 c. Edmonds Company Virginia - $700,000 d. Executive Hotel Associates - $5,500,000 e. Bridge Tunnel Hotel Associates - $10,000,000 f. Kel-Con Enterprises - $6,500,000 g. Commodore Point Associates - $5,250,000 b. Athen's of Tidewater, Inc. - $550,000 i. S and H Company - $922,000 j. Westminster-Canterbury of Hampton Roads - $4,000,000 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. Ordinance upon SECOND RF.ADING to appropriate $27,949 to the Office of the Comonwealth's Attorney for an additional attorney position. 2. Ordinances upon FIRST READING to: a. Accept and appropriate $6,306,290 for City of Virginia Beach School Programs funded by Special Categorical Grants for School Year 1985-1986; b. Appropriate $1,895,309 for the FY 1985-86 School Textbook Rental Fund Budget; c. Appropriate $8,538,291 for the FY 1985-86 School Cafeteria Enterprise Fund Budget. 3. Ordinance to transfer Fiscal Year 1984-985 appropriations within various departments to match appropriations and expenditures. 4. Ordinance transferring $350,000 from Project 2-823 Salem Canal Hydraulic Study to Project 2-410 Great Neck Road - Phase II for acquisition of this property. 5. Ordinance to transfer $47.000 from reserve for continjzencies to fund a consultant study of the AICUZ area suitabie land uses and economic developme,@it activities. 6. Ordinance to authorize a temporary encroachment into a portion of the rights-of-way of 78th Street and Ocean Avenue to Charles L. Blair, his heirs, assigns and successors in title. 7. Ordinance authorizing tax refunds in the amount of $899.14. 8. Ordinance authorizing license refunds in the amount of $106.39. M. APPOINTMENTS N. UNFINISHED BUSINESS 1. B-911 Update: Presentation by Chief Charles Wall 0. NEW BUSINESS 1. Resort Area Advisory Commission Quarterly Report: Presentatio.i by Mr. Michael Barrett and Mr. Timothy Barrow. P. ADJOURNMENT 1. Motion to adjourn. CITY COUNCIL REGULAR SESSION SEPTEMBER 23, 1985 VIRGINIA MUNICIPAL ANNUAL CONFERENCE RESCHEDULED TO 7:00 PM SEPTFMER 30, 1985 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia B R I E F I N G FAIR LABOR STANDARDS ACT 16 September 1985 1:00 P.M. The City Manager read a letter from Congressman Whitehurst concerning the FAIR LABOR STANDARDS ACT and his support for retroactive relief to Municipalities. He intoduced Doug Cherry, Wage and Salary Administrator for the City of Virginia Beach and Chairperson of the FLSA Task Force. Doug Cherry distributed information relative the Fair Labor Standards Act (said pamphlets are hereby made a part of the record.) on February 19, 1985, the Supreme Court ruled in Garcia versus San Antonio Metropolitan Transit Authority that the minimum wage and overtime pay provisions of the FLSA apply to the public mass transit employees of the San Antonio Metropoltan Transit Authority. The Court overruled its earlier decision that the minimum wage and overtime pay provision of FLSA could not constitutionally be applied to State and Local Government employees who are engaged in traditional governmental activities. All- states and localities must come into compliance with the minimum wage, record keeping, and overtime provisions of the FLSA by October 15, 1985 with the effective date of enforcement to be retroactive to April 15, 1985. Training Sessions have been secheduled for the folowing groups: (1) Payroll clerks (2) All Midmanagement and Management Committee, and (3) Supervisory staff. These will be conducted September Twenty-third, Twenty-fourth, and Twenty-fifth. Mr. Cberry outlined five major issues: (1) Overtime/Exceptions- Calculated on a 7 day, 40 hour week for regular employees. Executive, Administrative and Professional Employees will be exempt from the overtime policy. (2) Second Jobs - this would entail averaging the number of hours worked together to complete the hourly wage and said employees must serve two probationary periods. (3) Volunteer Services - An employee cannot be both a "paid" employee and a "Nonpaid" volunteer while performing the same type of work for the same employer. The major impact would entail fire fighters who volunteer to be rescue workers. (4) Employees who come in early and stay late or take work home. These hours must be reported or they may be subject to reprimand, suspension or dismissal. (5) Contract Employees - this is primarily in regard to Social Services and Mental Health. The Department of Labor will not permit same and they will be considered as employees of the City. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 16, 1985 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Vice Mayor Reba S. McClanan in the Conference Room, City Hall Building, on Monday, September 16, 1985, at 1:35 P.M. in the afternoon. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, H. Jack Jennings, Jr. , Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Absent: Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf Mayor Harold Heischober was out of the City on business. Councilman Louis R. Jones was out of the City on business Councilwoman Oberndorf was observing the High Holy Days, ROSH HASHANA - 2 - ITEM # 24182 Vice Mayor McClanan entertained a motion to permit Council to conduct its EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes. 1. PERSONNEL 14ATTERS: 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 mattters within the jurisdiction of the public body. Upon motion by Councilman Baum, seconded by Councilwoman Henley, City Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. Voting: 7-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Mayor Harold Heischober, H. Jack Jennings, Jr. , Louis R. Jones, and Meyera E. Oberndorf - 3 - R E G U L A R S E S S I 0 N VIRGINIA BEACH CITY COUNCIL September 16, 1985 2:00 p.m. Vice Mayor McClanan called to order the Regular Session of the Virginia Beach City Council in the Council Chambers, City Hall Building, on Monday, September 16, 1985, at 2:00 p.m. in the afternoon. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Absent: Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf INVOCATION: Mrs. Cassandra Barnes 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 # 24183 ADD/ON ITEMS The City Clerk referenced a RESOLUTION IN GRATITUDE to the VIRGINIA BEACH POLICE MOUNTED PATROL and a RESOLUTION IN MEMORIAM to LASZLO ARANYI were inadvertently omitted from the CONSENT AGENDA. The RESOLUTION IN MEMORIAM to LASZLO ARANYI will be presented at the City Council Meeting of September 30, 1985, but will be ADOPTED at today's Council Meeting, September 16, 1985. Item II-D.2 CONSENT AGENDA ITEM # 24184 COMMONWEALTH ATTORNEY/ADDITIONAL POSITION Vice Mayor Reba McClanan reference the Ordinance, on SECOND READING, to appropriate $27,949 to the Office of the Commonwealth's Attorney for an additioual attorney position(See Item II-L.1 of the Consent Agenda). Vice Mayor Reba McClanan advised she wished her VERBAL NAY be noted on this particular item. 5 Item II-F.1 PRESENTATION ITEM 24185 Vice Mayor McClanan recognized the PRESENTATION of the "GET IT STPAIGHT" - VIRGINIA BEACH COUNCIL OF PTA'S. Mrs. Bonnie Glass, President of the Great Neck High School PTA recognized Kieren Shirlock, representative from Great Neck SCA, and Diane Meyers, Juvenile Protection Chairman of the PTA. Red Ribbons were presented to City Council, the City Manager, the City Attorney, and the City Clerk as well as members of the audience in recognition of the "GET IT STRAIGHT" -"BEING YOU IS GREAT" PROGRAM. The Ribbons recognize those who have lost their lives in promoting drug enforcement througout the world and will be used as a reminder of Americans having taken a stand against drug and alcobol abuse. 6 Item II-F.2 PRESENTATION ITEM 24186 Vice Mayor McClanan presented a RESOLUTION IN GRATITUDE to: VIRGINIA BEACH MOUNTED PATROL Major General John G. Castles The Adjutant General The Horse Donors: C. J. & Mayflower - Jay Wilks Adam - Barbara Hathaway Rebel - Katherine Castleberry Beau Mr. and Mrs. Custer Spiers Reo Mr. and Mrs. Fritz Falch Frisbee - Mrs. M. Y Clarke Kojac - Dr. and Mrs. Geoffrey Gubb Tag - Lieutenant and Mrs. F. H. Drew This RESOLUTION recognized the efficiency, and effectiveness as well as the better public relations maintained by the HORSE PATROL September 16, 1985 RESOLUTION IN GRATITUDE WHEREAS: The history of America is one of a nation at work -- people helping people -- joining together to build a better society. The dedication and commitment of those early settlers laid the foundation for a growing and prosperous America -- an America built upon individual initiative, a competitive spirit and an intense pride in the achievements of a new nation; WHEREAS: This enterprising determination to accomplish an established goal was the leading edge Lieutenant Frank Drew possessed in confiding his dream to his superiors and presenting his plan to the Administration and ultimately to the Virginia Beach City Council. Thus was born the Virginia Beach Mounted Patrol; WHEREAS: A properly trained and directed horse patrol will improve the efficiency as well as effectiveness of the police mission, with proper use of the Mounted Patrol and better public relations maintained; WHEREAS: The need for visible law enforcement and a greater sense of security for the public in congested areas, such as the beachfront, could be achieved with policemen on horseback, the first problem was the acquisition of trainable horses, stable property and proper equipment; WHEREAS: Lieutenant and Mrs. Drew contributed their very own 12-year old red Dunn Gelding Quarter Horse, named -Tag", and thus set the example for other citizens to follow. Hearing the plight of these determined young police officers to provide the ultimate in police protection, Cashvan Arabian Farms contributed two Arabian horses, "C.J.'@ and "Mayflower". Other citizens in Virginia Beach as well as Chesapeake, Windsor and Onley responded. A total of nine horses were contributed. Master Police Officer Rosemary Larkin, horse trainer for twenty years, offered her expertise and became the Trainer. Virginia Beach City Council authorized the transfer of funds for equipment and a year's supply of food. The stable and training ground were made possible through the generosity of Major General John G. Castles, the Adjutant General, Virginia Army National Guard, in providing an existing building and land on the State Military Reservation at Camp Pendleton; and, WHEREAS: On June 20, 1985, official graduation ceremonies marked the end of eight weeks training for officers and horses. More than three hundred officials and citizens witnessed this event and the beginning of the VIRGINIA BEACH MOUNTED PATROL. From then through the third week of August, officers on horseback in the oceanfront area issued 377 parking tickets; 48 traffic summons, including DUI; arrested 226 on misdemeanor and 3 on felony charges. 150 calls of crisis have been answered. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council recognizes with bountiful gratitude to: Major General John G. Castles The Adjutant General Virginia Army National Guard State Military Reservation/Camp Pendleton for his becoming a part of this endeavor, with determination and support of the Virginia Beach Mounted Patrol. GIVEN under our hands and seals this Sixteenth Day of September, Nineteen Hundred Eighty-Five. Mayor Vice Mayor 7 Item II-G.1 PROCLAMATION ITEM 24187 Vice Mayor McClanan PROCLAIMED the week of September 22-28, 1985 as: NEPTUNE FESTIVAL PRAYER WEEK Councilwoman Nancy Creech read this PROCLAMATION. Douglas Talbot, Chairman of the 1985 NEPTUNE FESTIVAL, Pat Miskill, Executive Director of the Virginia Beach Chamber of Commerce, and Michael C. Savvides, KING NEPTUNE, ACCEPTED this PROCLAMATION. This PROCLAMATION urged all citizens to pray that the activities of the festival bring joy and good spirit to all. WHEREAS, in e.@h of the p..t .1.ven y..@., . feeti@.1 f.Ilo.ing th. umer e... has been h.1d; and WHEREAS, the f.sti@.1 was spon..@.d at fi@.t by th. Vi@ginia B..@h Cheber of C.-e@.. hich i. ... @.orgeni@.d nd ... ed th. Virgi.i. Be.ch C .... il of th. H..pt.. R.ads Chab.@ of Comer..; and WHEREAS, the f..ti.al is n.. k.own far a@d wide by the ame "N.ptu@e Fe.ti@.I'-; and WHEREAS, .11 @iti@ens--p@i@.te, b..i@ .... .. rp ... te nd unicip.1 @.ntrib.te t. .nd parti@p.te in it. .@tivities; .@d WHEREAS, it is con.ider.d to be the o.tst.nding festive e@.nt of th. year in Virgini. Bea.h, bringing together ..ny t.lent. to enha.c. ..r@im.nt nd j.y; ..d WHEREAS, . Ki.g is 9.1.@ted to r.ig@ .@er hi. l.y.1 ..bj..t. nd all ..tivitie. d.ring this e@ent; and WHEREAS, the ne.ly cr.wned King Neptune XII, Mr. Mich.el C. Savvide., command. th.t pr.yerf.1 th.nk. be .@tended t. ur re.p.ctive L.rd. nd G.d.. NOW, THEREFORE, 1, H.r.ld Hei.@hob@r, M.y.r f th. City of Vi@gi@ia Be.@h, d. hereby p@o@lai. the eek of S.ptemb.r 22-28, 1985 .. NEPTUNE FESTIVAL PRAYER WEEK in Virginia Be..h and urge .@d n ... r.ge all f it. citi.e.., each in hi. r her ..n ..y, to pray that the .@tiviti.. f the f..ti@al bring j.y and g..d pirit t. all. Given nd.r y h.nd nd e.1 this si.teenth d.y of S.pt..b.r, ni@.tee. h.ndred and ighty-five. M.y.r Item II-H.1 MINUTES ITEM 24188 Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council APPROVED the Minutes of September 9, 1985. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf September 16, 1985 9 Item II-I PUBLIC HEARING ITEM 24189 Vice Mayor McClanan DECLARED a PUBLIC HEARING concerning the City of Virginia Beach Proposed Budgetary Increases for the 1985-1986 Fiscal Year, as related to the following SCHOOL FUNDS: Accept and appropriate $6,306.290 for City of Virginia Beach School Programs funded by Special Categorical Grants for School Year 1985-86; Appropriate $1,895,309 for the FY 1985-86 School Textbook Rental Fund Budget: Appropriate $8,538,291 for the FY 1985-86 School Cafeteria Enterprise Fund Budget. There being no speakers, Vice Mayor McClanan CLOSED the PUBLIC HEARING. Setpember 16, 1985 PUBLIC NOTICE PUBLIC HEARING CITY OF VIRGINIA BEACH PROPOSED BUDGETARY INCREASES FOR THE 1985-1986 FISCAL YEAR Pursuant to Chapter 2, Sedion 2-187.1 of the City Code a pubtic hearing will be held by the City Council in Council Chambers in the City Hall Building on Monday, September 16, 1985 at 2:00 P.M., to discuss proposed increases in the Operating Budget for flscal year 1985-1986 as follows: PROPOSEDINCREASES Textbook Rental fund School Board $1,895,309 School Federal Grant Pund School Board $6,306,290 School Cafeterias Enterprise Fund School Board $8,538,291 ESTIMATED REVENUES Textbook Rental Fund Book Rentals $919,600 Book Purchases 40,500 Interest on Depmit 95,000 Retained Eamings 840,209 TOTAL TEXTBOOK RENTAL FUND $1,895,309 School Federal Grants Fund Revenue from the Commonwealth $265,522 Revenue from the Federal Government 6,040,'768 TOTAL SCHOOL FEDERAL GRANT FUND $6,306,290 School Cafeterias Enterprise Fund Meal Sales $5,287,976 Revenue from the Commonwealth 308,630 Revenue from the Federal Government 2,594,668 Interest on Deposits 100,000 MiceURneous Revenues 247,017 TOTAL SCHOOL CAFETERIAS ENTERPRISE FUND $8,538,291 Individuals desiring to provide oral comment should register before the hearing begins with the City Clerk's ofrice on the second floor of the City Hall Building or by calling 4274303. Ruth Hodges Smith, CMC City CLerk - 10 - Item II-J.1 ITEM # 24190 PLANNING Upon motion by Councilman Baum, seconded by Councilman Fentress, City Council APPROVED an Ordinance closing, vacating and discontinuing a portion of CLAUDIA MIVE in the petition of the City of Virginia Beach. Application of the City of Virginia Beach for the discontinuance, closure, and abandonment of a portion of Claudia Drive adjacent to Lot 57, Section 3, Lakeview Park. Said parcel contains 4,330.7 square feet. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. The following conditions shall be required: 1. Dedication of new right-of-way along the frontage of Lot 69 in accordance with the plat submitted with this street closure. 2. The closure of this right-of-way shall be contingent upon the compliance with the above stated condition within 180 days of the approval by City Council. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf AN ORDINANCE CLOSING, VACATING, AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS CLAUDIA DRIVE, AS SHOWN ON THAT CERTAIN PLAT ENTITLED "PLAT SHOWING PROPERTY TO BE EXCHANGED BETWEEN THE CITY OF VIRGINIA BEACH AND RICHARD S. AND ALICE P. PITTMAN BAYSIDE BOROUGH VIRGINIA BEACH, VIRGINIA." WHEREAS, it appearing that the City has advertised this proposed street closure by advertising the same in the Virqinia Beach Sun News, on and ; and WHEREAS, it is the judgment of the Council and Viewers that closure and discontinuance of the below-described street will not result in any public inconvenience, upon the completion by the applicant of the conditions imposed by City Council, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the hereinafter described street be discontinued, closed, and vacated, which portion is more particularly described as follows: That certain section of Claudia Drive, more particularly described as follows: Beginning at a point on the southern riqht-of-way line of Claudia Drive at a point 39.71 feet from the southern boundary line of lot 57, as shown on the plat of Lakeview Park, recorded in the office of the Clerk of the Circuit Court of the City of Virqinia Beach, in Map Book 29, at Page 67, and from said point of beqinning continuing along the southern right-of-way line of Claudia Drive south 24' 521 40.1 east a distance of 60 feet to a point, and preceding along the same said riqht-of-way line on an arc 21* 24' 15" for a distance of 93.39 feet to a point, thence continuing along an arc 79' 08' 31" a distance of 62.16 feet to a point, and continuing along a curve of 32' 561 47" a distance of 57.50 feet to a point, and continuing alonq an arc 107* 321 5011 a distance of 375.4i feet to the point of beginning as shown on the above-referenced plat. The above plat is available for review in the Office of the City Attorney, Municipal Center, Virginia Beach, Virainia. 2. That a certified copy of this Ordinance and attached plat shall be filed in the records books of the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, indexed in the name of the City of Virginia Beach, Virqinia, as grantor. 3. This ordinance shall become effective sixty (60) days from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virqinia, on the day of 1985. KJC/da 5/30/85 6/5/85 (23.1) APPROVED - September 16, 1985 -2- C-),I- -\7i j-&4ii -i i., AI @c- t@l I J. (--)ALE BIMSON MUNICIPAL CE.TER CITY ATTORNEY VIRIINIA BE@CH, VIRGIIIA 21451-9011 (S 0 4) 427-45 31 CERTIFICATE OF VESTING OF TITLE I, Kevin J. Cosgrove, Assistant City Attorney for the City of Virginia Beach, Virginia, do hereby certify that: 1. I am an attorney-at-law and represent the City of Virginia Beach, Virginia, the Petitioner. 2. If the below-described property is discontinued, closed, and vacated by the Council of the City of Virginia Beach, Virginia, then title to said property will vest in the adjacent property owners, Richard S. and Alice P. Pittman. The said property referred to herein is hereby described as follows: That certain section of Claudia Drive, more particularly described as follows: Beginning at a point on the southern right-of-way line of Claudia Drive at a point 39.71 feet from the southern boundary line of lot 57, as shown on the plat of Lakeview Park, recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, in Map Book 29, at Page 67, and from said point of beginning continuing along the southern right-of-way line of Claudia Drive south 24' 52' 40" east a distance of 60 feet to a point, and preceding along the same said right-of-way line on an arc 21@ 24' 15" for a distance of 93.39 feet to a point, thence con- tinuinq along an arc 79@ 08' 31" a distance of 62-16 feet to a point, and continuing along a curve of 32- 56' 47" a distance of 57.50 feet to a point, and continuing along an arc 107- 32' 50" a distance of 375.41 feet to the point of beginning as shown on the above-referenced plat. lWvin cbs Item II-J.2 PLANNING ITEM 24191 Upon motion by Councilman McCoy, seconded by Councilman Fentress, City Council APPROVED AN EXTENSION FOR COMPLIANCE of sixty (60) days until the City Council Meeting of November 18, 1985, upon an Ordinance closing, vacating and discontinuing a portion of OLD HOLLAND ROAD in the petition of LARRY L. REITER Application of Larry L. Reiter for the discontinuance, closure and abandonment of a portion of Old Holland Road beginning at a point 250 feet more or less west of Table Rock Road and running along the southern boundary of Lot 29, Block E, Windsor Oaks West. Said parcel is 50 feet in width and contains 6,400 square feet more or less. KEMPSVILLE BOROUGH. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf - 12 - Item II-J.3 PLANNING ITEM # 24192 Attorney Richard W. Lowery represented the applicant and requested DEFERRAL. Upon motion by Councilman McCoy, seconded by Councilwoman Henley, City Council DEFERRED FINAL APPROVAL until the City Council Meeting of December 16, 1985, an Ordinance closing, vacating and discontinuing a portion of RANGER STREET in the petition of ROLAND H. AND VT.RGINIA L. COPELAND. This application was DEFERRED to enable the applicant to resubmit the plat as same had been returned to the Engineer for slight modification. Application of Roland H. and Virginia L. Copeland for the discontinuance, closure and abandonament of a portion of Ranger Street beginning at the Eastern boundary of Maralon Drive and running in an Easterly diretion a distance of 189.25 feet. Said parcel is 50 feet in width and contains 9,463 square feet. KEMPSVILLE BOROUGH. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf - 13 - Item II-J.4 PLANNING SITEM # 24193 Ennis Johnson, of Benchmark, represented the applicant James McCracken, the applicant, represented himself Upon motion by Councilman Jennings, seconded by Councilman Baum, City Council DEFMED until the City Council Meeting of October 7, 1985, the application of LOUISE W. McCRACKEN for a Variance to Section 4.4(b) of the Subdivision Ordinance. City Council DEFERRED this item to enable Staff to report to Council concerning VARIANCES on lots with erodable slopes, as well as, concerns addressed by additional septic tanks and wells on the Banks of the Lynnhaven. An Ordinance will be DRAFTED addressing these concerns. Councilman Baum requested Staff investigate this particular application as to whether it would involve erosion and sedimentation. Appeal from Decisions of Adminsitrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Louise W. McCracken. Property is located at 801 South Spigel Drive. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf - 14 - Item II-J.5 PLANNING ITEM # 24194 Neal MacRea and Eleanor H. MacRae, the applicants, represented themselves. Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council DENIED the application of ELEANOR H. Ma@ for a Variance to Section 4.4(b) of the Subdivision Ordinance. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Eleanor H. MacRae. Property located on the east side of Sharp Street, 89.50 feet north of Mars Street. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 7-0 Council Members Voting Aye: John A. Baum, Nancy A. Creecb, Robert E. Fentress, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, and Vice Mayor Reba S. McClanan Council Members Voting Nay: None Council Members Absent: Mayor Harold Heischober, Louis R. Jones, J. Henry McCoy, Jr., D.D.S.,and Meyera E. Oberndorf September 16, 1985 - 15 - Item II-J.6 PLANNING ITEM # 24195 Robert B. Smithwick, General Partner, represented the applicant and requested DEFERRAL Richard Brydges, registered in OPPOSITION, but was not OPPOSED to DEFERRAL Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council DEFERRED until the City Council Meeting of October 21, 1985, the application of BRANWICK ASSOCIATES for a Variance to Section 4.4(b) of the Subdivision Ordinance. Appeal from Decisions of Adminstrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Branwick Associates. Property is located on the north side of Laskin Road, 1000 feet more or less east of Freemac Drive. Plats with more detailed information are available in the Deparment of Planning. LYNNHAVEN BOROUGH. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf - 16 - Item II-J.7 PLANNING ITEM # 24196 Attorney Grover Wright represented the applicant and requested DEFERRAL in order to have a VARIANCE concerning a side-yard setback heard by the Board of Zoning Appeals. Letter dated September 12, 1985, requesting DEFERRAL is hereby made a part of the record. Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council DEFERRED until the City Council Meeting of October 7, 1985, an Ordinance upon application of MARY JOSEPHINE LILLEY for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF 14ARY JOSEPHINE LILLEY FOR A CONDITIONAL USE PERMIT FOR A BORROW PIT Ordinance upon application of Mary Josephine Lilley for a Conditional Use Permit for a borrow pit on certain property located on the east side of Oceana Boulevard, 860 feet more or less north of Credle Road. Said parcel is located at 566 Oceana Boulevard and contains 11.01 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting; 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf - 17 - Item II-J.8 PLANNING ITEM # 24197 Attorney Glenn Croshaw represented the applicant and requested DEFERRAL and circulated a Circuit Court Order: National Pride Equipment, Inc., vs The City of Virginia Beach entered on July 28, 1980. Upon motion by Councilman McCoy, seconded by Councilman Jennings, City Council DEFERRED until the City Council Meeting of September 30, 1985, an Ordinance upon application of NATIONAL PRIDE EQUIPMENT, INC.. This application was DEFERRED to enable the Staff to determine if this Conditional Use Permit is still in effect. ORDINANCE UPON APPLICATION OF NATIONAL PRIDE EQUIPMENT, INC. FOR A CONDITIONAL USE PERMIT FOR A CAR WASH FACILITY Ordinance upon application of National Pride Equipment, Inc., for a Conditional Use Permit for a car wash facility on certain property located on the southeast corner of Kempsville Road and Ruritan Court. Said parcel contains 34,412 square feet. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. Voting: 7-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf Council Members Abstaining: Vice Mayor Reba S. McClanan 18 - Item II-J.9 PLANNING ITEM 24198 Winston M. Holloman, the applicant, represented himself Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of WINSTON N. AND CHRISTINE V. HOLLONAN for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF WINSTON M. AND CHRISTINE V. HOLLOMAN FOR A CONDITIONAL USE PERMIT FOR A SINGLE-FAMILY DWELING IN THE AG-1 AGRICULTURAL DISTRICT R0985782 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Winston M. and Christine V. Holloman for a Conditional Use Permit for a single family dwelling in the AG-1 Agricultural District on certain property located on the west side of Princess Anne Road, 4488 feet south of South Stowe Road. Said parcel is located at 927 Princess Anne Road and contains 16.24 acres. Plats with more detailed information are available in the Department of Planning. PUNGO BOROUGH. Tbe following condition shall be required: 1. A 2-foot right-of-way dedication along the frontage on Princess Anne Road in accordance with the Virginia Beach Bikeway Plan. 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 September, Nineteen Hundred and Eighty-five. Voting: 7-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf - 19 - Item II-J.10 ITEM # 24199 PLANNING Attorney Grover Wright represented the applicant. Commander Pollard, Public Works Officer at Dam Neck referenced the noise generated at Dam Neck. Mrs. Dale Wilkerson, represented the Dam Neck Area Civic League and spoke in opposition. A motion was made by Councilman Baum, seconded by Councilman Jennings to ADOPT an Ordinance upon application of RED WING LAKE ASSOCIATES, INC. for Changes of Zoning from AG-1 Agricultural District to R-8 Residential District on a 117.66-acre parcel; AND, from AG-2 Agricultural District to R-8 Residential District on a 15.9-acre parcel (Princess Anne Borough): Voting: 5-2 Council Members Voting Aye: John A. Baum, Robert E. Fentress, H. Jack Jennings, Jr., Robert G. Jones, and Vice Mayor Reba S. McClanan Council Members Voting Nay: Barbara M. Henley, and J. Henry McCoy, Jr., D.D.S. Council Members Absent: Nancy A. Creech, Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf The VOTE did not constitute a majority of the number of members comprising the City Council of Virginia Beach, even though same constituted a majority of the Council Members Present. Upon motion by Councilman Baum, seconded by Councilman Robert Jones, City Council voted to REGONSIDER the Ordinances upon application of RED WING LAKE ASSOCIATES, INC. for Changes of Zoning from AG-1 to R-8 and AG-2 to R-8 in the Princess Anne Borough. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf - 20 - Item II-J.10 PLANNING ITEM # 24199 (Continued) Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADOPTED Ordinances upon application of RED WING LAKE ASSOCIATES, INC.for Changes of Zoning as per the following: ORDINANCE UPON APPLICATION OF RED WING LAKE ASSOCIATES, INC., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO R-8 Z09851010 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Red Wing Lake Associates, Inc., for a Change of Zoning District Classification from AG-2 Agricultural District to R-8 Residential District on certain property located on the north side of Dam Neck Road at the western boundary of Dam Neck Naval Weapons Station. Said parcel contains 15.9 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLICATION OF RED WING LAKE ASSOCIATES, INC., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 TO R-8 Z09851011 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Red Wing Lake Associates, Inc., for a Change of Zoning District Classification from AG-1 Agricultural District to R-8 Residential District on certain property located 600 feet north of Dam Neck Road at the western boundary of Dam Neck Naval Weapons Station. Said parcel contains 117.66 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. Amended deed restrictions shall be recorded. (Said AGREEMENT is hereby made a part of the proceedings). 2. Density shall not exceed 274 units. 3. Zero lot line option shall not be available. 4. Minimum lot frontage shall be 60-feet and minimum lot area 6,000 square feet. 5. Dedication of Redwing Lake, containing 75+ acres, for a park. 6. Compliance with the City's Noise Disclosure Ordinance. Se temb - 21 - Item II-J.10 PLANNING ITEM # 24199 (Continued.) Prior to the changing of the official zoning maps, the following condition shall be met: A dedication of right-of-way along the frontage on Dam Neck Road to provide for an ultimate 90-foot right-of-way in accordance with the Master Street and Highway Plan. These Ordinances shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixteenth day of September, Nineteen Hundred and Eighty-five. Voting: 6-2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, H. Jack Jennings, Jr., Robert G. Jones, and Vice Mayor Reba S. McClanan Council Members Voting Nay: Barbara M. Henley, and J. Henry McCoy, Jr., D.D.S. Council Members Absent: Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf September 16, 1985 REDWING LAKE ASSOCIATES, INC., a Virginia stock corporation TO (COVENANTS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 16th day of September, 1985, by and between REDWING LAKES ASSOCIATES, INC., a Virginia stock corporation, Grantor, party of the first part, and CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of virginia, Grantee, party of the second part; WITNESSETH THAT: WHEREAS, the Grantor has initiated two amendments to the Zoning Map of the City of Virginia Beach, virginia, by two petitions of the Grantor addressed to the Grantee, so as to change the classification of 133.56 acres of the Grantor's property located on the north side of Dam Neck Road west of the Naval Weapons Station in Princess Anne Borough of the City of Virginia Beach as follows: 117.66 acres from AG-1 Agricultural District to R-8 Residential District and 15.90 acres from AG-2 Agricultural District to R-8 Residential District, as shown on the plat attached hereto entitled "PRELIMINARY PLAN TRACT 'A' AND REMAINING PORTION OF TRACT 'B' AS SHOWN ON PROPERTY OF GEORGE P. TREYNOR (M.B. 46, P.3) FOR REDWING ASSOCIATES PRINCESS ANNE BOROUGH - VIRGINIA BEACH, VIRGINIA SCALE: 1"=200' SEPTEMBER, 1985;" and WHEREAS, the Grantee's policy is to provide only for the orderly development of land, for various purposes, including planned development housing purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible densities and uses of various types of residential and related uses conflict and that in order to permit differing types of dwelling units and uses on and in the area of the subject property and, at the same time, to recognize the effects of change and the need for various types of dwelling units and uses certain reasonable conditions governing the use of the property for tlie protection of the community that are not generally applicable to land similarly zoned R-8 are needed to cope with the situation which the Grantor's rezoning application gives rise to; and WHEREAS, the Grantor has voluntarily proffered in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendments to the Zoning Map, in addition to the regulations provided for the R-8 zoning district or zone by the existing overall zoning ordinance, the followinq reasonable conditions relating to the physical development and operation of the Grantor's property to be adopted as a part of said amendment to the new Zoning Map relative to the Grantor's property, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning and the proposed development of the Grantor's property; and WHEREAS, said conditions have been proffered by the Grantor and allowed and accepted by the Grantee as a part of the amendments to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the property; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwith- standing the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the subject property at the time of recordation of such instruments; provided, further, that said instrurnent is consented to by the Grantee in writing, as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee 2 advertised pursuant to the provisions of Code of Virginia Section 15.1-431, which said ordinance or resolution shall be recorded alonq with said instrument as conclusive evidence of such consent; NOW, THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions as to the physical development and operation of the Grantor's property and governing the use thereof and hereby covenants and agrees that this declaration shall constitute covenants running with the said property, which shall be binding upon the property and upon the parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees and other successors in interest of title, namely; There,shall be no more.than three detached sinqle-family "t ' @t' e,)Leee,6 7-74 u.*i+5 residences per ac t h' qualifies for density credit developed @-A on the entire property, the zero lot line option shall not be used, the minimum lot front shall be 60 feet, and the minimum lot area shall be 6,000 square feet. The party of the first part agrees to dedicate to the party of the second part all that certin area as shown on the attached plat and labeled "PARK" and the party of the first part further agrees to dedicate to the party of the second part all of its interest in "REDWING LAKE," together containing 75+ acres, and all of which is to be utilized by the party of the second part for park purposes. The party of the first part further represents and agrees that in the event that the layout of the aforesaid 75+ park and lake area is altered or amended on the final subdivision plats which are approved for recordation, the party of the first part will dedicate such park and lake areas as shown on the recorded subdivision plats, the parties hereby -3- recognizing that the 75+ acre parcel is incapable of precise description as of the date of this agreement. All references hereinabove to the R-8 District and to the requirements and regulations applicable thereto refer to the Comprehensive zoning Ordinance of the City of Virginia Beach, virginia, in force as of May 28, 1985, which is by this reference incorporated herein. It is expressly understood and aqreed, however, that nothing contained herein shall constitute or be construed as a lien or encumbrance on any property, it being contemplated that acquisition, development, construction and permanent loan financing on the property will be obtained by developers and individual homeowners, thus requiring an unencumbered title thereto. However, the Grantor covenants and agrees that; (1) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the zoning Administrator and in the Planning Department and that they may be restored in the Clerk's Office of the Circuit Court -4- of the City of Virgina Beach, Virginia, and indexed in the name of the Grantor and Grantee. witness th following signature and seal. REDWING LAKE ASSOCIATES, INC. By d,, P, @, r,, Edward N. Ta'yldr (President) STATE OF VIR,GINI)A, CITY OF to-wit: 71, a -i-n-@ for C,5 her'e y certify that Edward N. Taylor, whose name is signed as President of REDWING LAKE ASSOCIATES, INC., on behalf of the Grantor, to the foregoing instrument, bearing date on the 16th day of September, 1985, has acknowledged the same before me on behalf of the corporation, in the City and State aforesaid. Given under my hand this day of 1985. GLF/rab 9/16/85 (48.30) - 22 - Item II-J.11 PLANNING ITEM # 24200 Attorney Barry Koch represented the applicant and requested WITHDRAWAL Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of LILLIE DALBY, ANDERSON WARD, AND WILLIAM AUSTIN for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF LILLIE DALBY, ANDERSON WARD AND WILLIAM AUSTIN FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO B-2 Ordinance upon application of Lillie Dalby, Anderson Ward and William Austin, for a Change of Zoning District Classification from AG-2 Agricultural District to B-2 Community-Business District on certain property located at the southeast corner of North Landstown Road and Princess Anne Road. Said parcel contains 1.053 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. Voting: 7-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, H. Jack Jennings, Jr., Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Mayor Harold Heischober, Louis R. Jones, Robert G. Jones, and Meyera E. Oberndorf 23 - Item II-J.12 PLANNING ITEM 24201 Attorney Robert Cromwell represented the applicant and requested WITHDRAWAL Upon motion by Councilwoman Creech, seconded by Councilman Fentress, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of LANDSTOWN AND PRINCESS ANNE ROAD ASSOCIATES for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF LANDSTOWN AND PRINCESS ANNE ROAD ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO B-3 Ordinance upon application of Landstown and Princess Anne Road Associates for a Change of Zoning District Classification from AG-2 Agricultural District to B-3 Central-Business District on the south side of North Landstown Raod, 113 feet more or less east of Princess Anne Road. Said parcels are shown as part of Parcel B and Parcel C on the plat entitled "Subdivision of Property of Davis R. Dalby, ET AL" and recorded in Map Book 141, Page 32 in the Office of the Clerk of the Circuit court on July 22, 1980. PRINCESS ANNE BOROUGH. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf September 16, 1985 - 24 - Item II-K.1 RESOLUTION ITEM # 24202 Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council ADOPTED, a RESOLUTION, AS AMENDED requesting a six-month extension on the "comment period" for the Rivers and Harbors Board of Engineers for the Draft Envirotmental Impact Statement (Final Phase I General Design Memorandum Beach Erosion Control and Hurricane Protection, Sandbridge Beach, Virginia Beach, Virgiuia.) Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech,* Robert E. Fentress, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones,* Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf *Verbal Aye R E S 0 L U T I 0 N WHEREAS, the City of Virginia Beach has undertaken an extensive review of the U. S. Army Corps of Engineers' study, and WHEREAS, the final results of this study could have signi- ficant social, economic, and environmental impact in the realm of shore protection; and WHEREAS, the City firmly believes that studies currently underway will produce additional information to develov protec- tion strategies that can be pursued in a timely and coordinated fashion; and WHEREAS, the estimated time for completion and review of these studies is six months. NOW, THEREFORE, BE IT RESOLVED that the Virginia Beach City Council requests a six-month extension on the comment period for the Draft Environmental Impact Statement (Final Phase I General Design Memorandum Beach Erosion Control and Hurricane Protection, Sandbridge Beach, Virginia, Virginia Beach, Virginia). Adopted by the Virginia Beach City Council on this 16 day of September 1 1985. - 25 - Item II-K.2. a/b/c/j INDUSTRIAL DEVELOPMENT REVENUE BONDS ITEM # 24203 Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council ADOPTED RESOLUTIONS approving the Issuance of INDUSTRIAL DEVELOPMENT REVENUE BONDS by the Virginia Beach Development Authority to the following: U.S. SHELTER CORPORATION $ 25,000,000 TIDEWATER-OXFORD LIMITED PARTNERSHIP* $ 32,000,000 EDMONDS COMPANY VIRGINIA $ 700,000 WESTMINSTER-CANTERBURY OF HAMPTON ROADS $ 4,000,000 Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M. Henley,* H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf *Councilwoman Henley VERBALLY ABSTAINED ON TIDEWATER-OXFORD LIMITED PARTNERSHIP HOUSING BONDS U. S. Shelter Corp. - $25,000,000 Tidewater-Oxford Limited Partnership - $32,000,000 LOCAL ALLOCATION MANUFACTURING Edmonds Company Virginia - $700,000 manufacturer of rods, nuts, & bolts STATE ALLOCATIONS HOTELS Executive Hotel Associates - $5,500,000 Bridge Tunnel Hotel Associates - $10,000,000 Kel-Con Enterprises - $6,500,000 OFFICE Commodore Point Associates - $5,250,000 (Includes ECPI of Tidewater, Inc.) RETAIL/COMMERCIAL Athen's of Tidewater, Inc. - $550,000 REFUNDING BOND S and H Company - $922,000 Refunding September 1, 1980, bond issue OTHER Westminster-Canterbury of Hampton Roads - $4,000,000 bond approving issuance by Norfolk Industrial Development Authority SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVEMUE BOND 1. PROJECT NAME: U. S. SHELTER CORP. FACILITY 2. LOCATION: SOUTHWEST CORNER OF HOLLAND ROAD AND WINDSOR OAKS BOULEVARD IN THE CITY OF VIRGINIA BEACH 3. DESCRIPTION OF PROJECT: 595-UNIT MULTI-FAMILY RENTAL HOUSING PACILITY 4. AMOUNT OF BOND ISSUE: $25,000,000 5. PRINCIPALS: TREY FREEMAN JACKSON HUGHS 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property A-1 b. Is rezoning proposed? Yes No X C. If so, to what zoning classification? N/A FISCAL IMPACT STATEMENT DATE: AUGUST 12, 1985 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: U. S. SHELTER CORP. FACILITY ,rYPE OF FACILITY: 595-unit Multi-Family Residential Rental Facility 1. Maximum amount of financing sought $ 2 5 -, O@O @ O@o 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 22,600,000 3. Estimated real property tax per year using present tax rates $ 180,ooo 4. Estimated personal property tax per year using present tax rates $ N/.A 5. Estimated merchants' capital (business license) tax per year using present tax rates $ N/A 0. Estimated dollar value per year of goods and services that will be purchased locally $ 700,000/Year 7. Estimated number of regular employees on year round basis 12 S. Average annual salary per employee $ 1 5 , 0 0 0 -he information contained in this Statement is based solelv 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 y2@i ChaErm-an-T F L..diiii CINNAMO AN 13 R A ISALEF P.,k, & R.C,..t I N 4 5 6 FARM PROJECT NAME: U. S. SHELTER CORP. FACILITY PROJECT LOCATION: SOUTHWEST CORNER OF HOLLAND ROAD AND WINDSOR OAKS BOULEVARD - VIRGINIA BEACH PROJECT DESCRIPTION: 595-UNIT MULTI-FAMILY RESIDENTIAL RENTAL HOUSING FACILITY RESOLUTION APPROVING THE ISSUANCE OF MULTI-FAMILY RENTAL HOUSING REVENUE BONDS FOR U. S. SHELTER CORP. FACILITY WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application of U. S. Shelter Corp., or any partnership or corporation of which U. S. Shelter Corp. is a partner or shareholder (the "Com- pany") for the issuance of the Authority's multi-family rental housing revenue bonds in an amount not to exceed $25,000,000 (the "Bonds") to assist in the financing of the Company's acquisition, construction, and equipping of an approximately 595-unit multi-family residential rental facility, on approximately 49.3 acres of land, to be located on the southwest corner of Holland Road and Windsor Oaks Boulevard, in the City of Virginia Beach, Virginia (the "Facility"), and has held a public hearing thereon on September 10, 1985; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City") to approve the acquisition, construction and equipping of the Facility and the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to SS15.1-1378-1 of the Code of Virginia, 1950, as amended, a copy of the Authority's Resolution approving the issuance of the Bonds, subject to terms to be mutually agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia approves the acquisition, construction and equipping of the Facility and the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of U. S. Shelter Corp., or any partnership or corporation of which U. S. Shelter Corp. is a partner or shareholder, to the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bonds, as required by Section 103(k) does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. 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 September 16, 1985. 4/2 ',/B 4 SUMMARY SHEET CI'I'Y OF VIRGINIA BEACH DEVELOPMENT AUTHORITY It,'DUSTRIAL DEVELOPMENT REVENUE BOND 1. IIRDJECT NAME: -Tidewla-ter-Oxford-Lifilited Partnershlp____ 2. 1, 0 C ON -S. Lyntihaven-Road- Virginia Beach, Virginia 3. Dt@S('kli'TION OF f'ROJECT: Garden Apartnient Developriient 4. I-.MOUt,T OF ESC)ND I-ISUE: .@,32,000,000 PRINCIPALS: Oxford Equities Corporation I.eo E-. Zickler, 6. ZONING CLASSIFICATION: a. Present zoninq c)assification of the Property A-2 b. Is i-ezonirig proposed? Yes No C. If so, to v,,Ijat zoning classification? (WPO862D) FISCAL IMPACT STATEMENT DATE: August 15, 1985 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: REFLECTIONS (Tidewater-Oxford Limited Partnership) TYPE OF FACILITY: 480-UNIT MULTIFAMILY RESIDENTIAL RENTAL HOUSING FACILITY 1. Maxinium amount of financing sought $ 32,000,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 15,936,000 3. Estimated real property tax per year using present tax rates $ 127,488 4. Estimated personal property tax per year using present tax rates $ 33,120 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 20,000 6. Estimated dollar value per year of goods and services that will be purchased locally $ 300,000 7. Estimated number of regular employees on year round basis 8 8. Average annual salary per employee $ 18,000 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. City of Virginia Beach Development Authority By: Chairman 71 Project Name: Tidewatcr-oxfcrd Limited PartnershiD Pro-'ect Address: South Lynnhaven Road Type of Project: Rental Apartments RESOLUTION APPROVING THE ISSUANCE OF MULTI-FAMILY RENTAL HOUSING REVENUE BONDS FOR (TlDEWATER-OXFORD LIMITED PARTNERSHIP FACILITY) WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application of Tidewater- Oxford, Limited Partnership, (the 'Company') for the issuance of the Authority's multi-family rental housing revenue bonds in an amount not to exceed $32,000,000 (the "Bonds') to assist in the financing of the Company's acquisition, construction, and equip- ping of an approximately 480-unit multi-family residential rental facility, to be located on the east side of South Lynnhaven Road iu,mediately north of St. Albans Glenn, between the north inter- section of South Lynnhaven Road and Lynnhaven Parkway and Silina Drive, in the City of Virginia Beach, Virginia (the "Facility"), and has held a public hearing thereon on September 10, 1985; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City") to approve the acquisition, construction and equipping of the Facility and the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to SS15.1-1378-1 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 inutually agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with tbe Council of the City of Virginia Beach, Virginia. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BF.ACH, VIRGINIA; 1. The Council of the City of Virginia Beach, Virginia approves the acquisition, construction and equipping of the Facility and 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, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bonds, as re- quired by Section 103(k) does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. This resolution shall take effect immediately upon its adoption. ADOPTED by a majority of a quorum of the Council of the City of Virginia Beach, Virginia on September 16, 1985. SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Edmonds Company Virginia 2. LOCATION: Just south of intersection of London Bridge Road and Shipps Corner Road 3. DESCRIPTION OF PROJECT: 15,000-20,000 square foot buil@n for manufacture of rods, nuts and bolts 4. AMOUNT OF BOND ISSUE: Not greater than,$700,000 5. PRINCIPALS: Garfield Edmonds, Ill Kim A. Edmonds William A. Edmonds Richard-S. Edmonds, Jr. 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property 1-2 b. Is rezoning proposed? Yes No XXX C. If so, to what zoning classification? I 1/ 5/ 3 3 FISCAL IMPACT STATEMENT DATE: August 13, 1985 TO: THE CITY COUNCIL OF VIRGINIA BEACH, @IIRGIilA PROJECT NAME: Edmonds Company Virginia TYPE OF FACILITY: Manufacturing and Warehousing 1. Maxi,,num amount of financing sought $ 700,000 2. Estimated taxable value of the facilitv's real property to be constructed in the municipality $ 375,000 3. Estimated real propertv tax per vear using present tax rates $ 5,600 4. Estimated personal property tax per year using present tax rates $ 3,000 5. Estimated merchants' caoital (business license) tax per year using present tax rates $ Not available 6. Estimated dollar value per year of goods and services that will be purchased locally $ @3 0 (LL_ 7. Estimated number of regular employees on year round basis 22 8. Average annual salary per employee $ 50p@@@e_k The information contained in this Statement is based solel,., on Eacts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. City of Virginia Beach Development Authority By Economic Impact Statement 1. Amount of investment $ 750,000 2. Amount of industrial revenue bond financing sought $ 7 0 0 , 0 0 0 3. Estimated taxable value of the facility's real property to be constructed in th@ cit, Of Virginia Beach $ 375,000 4. Estimated real pror)erty tax per Y7ear using present tax rate $ 5,600 5. Estimated personal property tax $ 3,000 6. Economic impact statement demonstratina the overall return to the'city: A. Number of new jobs B. Payroll generated 00 er Av. Wage 500 v)er week month C. Number of jobs retained 12 D. Payroll retained $24,000 perav. Wage $500 per week month E. Estimate of the value of goc>ds- and services purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance,@motor vehicles, etc.): Type Value Professional services $ 1,250 jnsurance 5 0 0 Motor Vehicles 500 TOTAL 3,000 F Estimated building Permit fee and other municipal Building Permit $750 fees Top fees $7500 $ 8, 2 5 0 G. Estimated construction payrDll $ 150,000 H. Estimated value of construction material to be purchased within the City of Virginia Beach $ 150,000 1. Estimated number of construction jobs 100 J. AnY other items which the applicant feels the Authority should be made aware of in evaluating the project None 7. Is the site currently zoned for the use of bei,, p,,,osed for industrial revenue bond financing? YesXXX No 8. Has a bond Purchase agreement/commjtment ben accepted by the applicant? (attach a,copy) Yes 'No XXX 9. Will the bond financing close within 90 days from the date of adoption of the inducement resolution? Yes XXX No 10. Location of project (attach location map) Just-south of intersection Qf Shipps Corner and London Bridge Road 11. Explanation of alternative financing that has been reviewed for project None I hereby certify that the infor-mation stated in the above EcOnOmic ImPact Statement-is accurate a,d t r Lie in all respects. (A Subscribed and sworn to before me this day of 1985. St .1 cil M@ Cbmmission ires: ExD' C7 iiI Hoi,, 'i pklNt I 'PAR K Prc Loc y PROJECT IIAME: Edmonds Company Virginia PROJECT ADDRESS: 1497 London Bridge Road Virginia Beach, Virginia TYPE OF PROJECT: 15,000 - 20,000 square foot one-story' building for manufacture of rods, nuts and bolts with related warehouse and office space RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR EDMONDS COMPANY VIRGINIA WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application of Edmonds Company Virginia (the "Company") for the issuance of the Authority's Industrial Development Revenue Bonds in an amount not to exceed $700,000 (the "Bonds") to assist in the financing of the Company's construction and equipping of a manufacturing and warehousing facility (the "Facility") to be located at 1497 London Bridge Road in the City of Virginia Beach, Virginia and has held a public hearing thereon on September 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, as amended; and WHEREAS, pursuant to SS 15.1-1378.1, Code of Virginia, 1950, as amended, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia approves the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of Edmonds Company Virqinia, 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 or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or consequential, resulting from (1) the Authority's failure to issue bonds for the Project for any reason, including but not limited to any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted; or (2) the Authority's failure for any reason after the issuance of bonds for the Project to allocate a portion of its allowable industrial development bond volume to the Project if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. 4. This Resolution shall take effect immediately upon its adoption. Adopted by a majority of a quorum of the Council of the City of Virginia Beach, Virginia, on September 16, 1985 1 1985. S@=RY SHEET CITY OF VIRGINIA BEACH DEVELOPMLINT AUTIIORITY INDUSTRIAL D@'V@',I,OPME-NT riEVENUE BOND 1. PROJECT NAME: Wc!L3t@iniri@it(,r in Vir@nia l@etch 2. LOCATION: 3100 Slicre Drive Virginia Beach, Virginia 23451 3. DESCRIPTION OF PROJECT: Three-story ,:Ld,lition to fiealtli Care Center to incliiIE., ',D b,@(is in I)rivat(l. roorrs with bat,h, relate@i Livint7 aiid diniiig areas and space for resident@ clinic and physical therap.y @,ttache,i l@x@iibit, A. 4. AMOUNT OF BOND ISSUE: $4,000,000 5. PRINCIPALS: Westininsi@er-Canterbury of Hinipton Roads, Inc., a nonstock and nonprof'it Virginia corporation. There are two members who elect the Board of Directors -- Episcopai Diocese of Southern Virf,,i,rij@i an,] Not-f@alk 1'r(,sbytery C)f ttic-@ 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property: B-)i b. Is rezoning proposed? No. C. If so, to what zoning classificatioti? Nol, applictiblc@. CHE, SA, L YJVNIIA VEV R 0,,1 DS Projec Locatl@ LYr TOWERS 6@O /@VIL T L E@ll ER -G E H.@,y@ @,-B,. I y BROA, Fi@hi.q NY ....... .Joii)sMi)p 13 No. 1-7-0 PROJECT NAME: Westminster-Canterbury in Virginia PROJhrT ADDR@ 3100 Shore Drive VirrinLa Beach, Virginia 23451 TYPE OF PROJECT: Three-story addltion to licalth Care Center to include 50 beds and privat(! rooms w-ith bath. RESOLUTION APPROVLNG AND CONCURRING IN THE ISSUANCE OF A $4,000,000 RESIDENTIAL CARE FACILITY MORTGAGE REVENUE BOND BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF NORFOLK, VIRGINIA (Westminster-Canterbury of Hampton Roads, Inc. Facility) WHEREAS, Section 15.1-1378 of the Code of virginia, as amended, (the "Code"), provides in substance that no Industrial Development Authority shall issue its bonds on a facility or facilities located within the boundaries of another county, city or town unless the governing body of such county, city or town has indicated its concurrence in the issuance of said bonds; and WHEREAS, in 1979 the Industrial Development Authority for the City of Norfolk (the "Norfolk Authority") issued its bonds in the aggregate principal amount of $20,290,000 (the "Series of 1979 Bonds") to assist Westminster-Canterbury of Hampton Roads, Inc. (the "Company") in the acquisition, construction and equipping of a residential care facility for the aged located at 3100 Shore Drive in Virginia Beach, the City of Virginia Beach Development Authority (the "Virginia Beach Authority") being then unable to issue bonds for such a facility; and WHEREAS, Section 212 of the Indenture of Trust between the Authority and Virginia National Bank, as Trustee, which serves to secure the Series of 1979 Bonds, provides that the Norfolk Authority only may issue additional bonds to fund the construction and equipping of improvements to the existing health care facility, and the Norfolk Authority now proposes to issue its Series of 1985 Bond in the principal amount of $4,000,000 (Westminster-Canterbury of Hampton Roads, Inc. Facility) (the "Series of 1985 Bond") to finance the construction and equipping of a three-story, 50-bed addition to the existing health care facility which addition will also be located in Virginia Beach; and WHEREAS, the Virginia Beach Authority has approved and concurred in the issuance of the Bond and has by its resolution dated September 10, 1985, requested that the City Council of Virginia Beach also concur and approve the issuance of the Series of 1985 Bond to insure that the issuance of the Series of 1985 Bond will be in compliance with Section 15.1-1378 of the Code; WHEREAS, no public hearing is required by Section 103(k) of the Internal Revenue Code of 1954, as amended, by virtue of the fact that the Company is an organization described in Section 501(c)(3) of the internal Revenue Code of 1954, as amended, and none has been therefor held. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Series of 1985 Bond by the Industrial Development Authority of the City of Norfolk for the benefit of Westminster Canterbury of Hampton Roads, Inc., to the extent of and as required by Section 15.1-1378 of the Code of Virginia, as amended, so as to permit the Norfolk Authority to assist in the financing of the Facility. 2. 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 September 16, 1985. CERTIFICATE The undersigned Secretary of the City Council of Virginia .Beach hereby certifys that the foregoing is a true, correct and complete copy of a Resolution adopted by the Board of Directors present and voting in a meeting duly called and held on September 1 1985, in accordance with law, and such resolution has not been repealed, revoked, rescinded or amended, but is in full force and effect as of the date hereof. Witness my hand and seal of the Authority this 10th day of September, 1985. Secretary [SEAL] - 26 - Item II-K.2/d/e/f/g/h/i. INDUSTRlAL DEVELOPMENT REVENUE BONDS ITEM # 24204 Upon motion by Councilman Baum, seconded by Councilman Fentress, City Council ADOPTED RESOLUTIONS approving the Issuauce of INDUSTRIAL DEVELOPMENT REVENUE BONDS to be issued by the Virginia Beach Development Authority to the following: EXECUTIVE HOTEL ASSOCIATES $ 5,500,000 BRIDGE TUNNEL HOTEL ASSOCIATES $ 10,000,000 KEL-CON ENTERPRISES $ 6,500,000 COMMODORE POINT ASSOCIATES $ 5,250,000 ATHEN'S OF TIDEWATER, INC. $ 550,000 S AND H COMPANY $ 922,000 Voting: 7-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: H. Jack Jennings, Jr. Council Members Absent: Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: EXECUTIVE HOTEL ASSOCIATES PROJECT 2. LOCATION: 717 South Mi.li.tary Hi.ghway Virginia Beach, Virgi.ni.a 23464 3. DESCRIPTION OF PROJECT: @-sition and renovati.on of an exi.stj-ng 103 uni.t hotel and restaurant and the constructio@and f=j-shj-ng of an additional 32 uni.ts. 4. AMOUNT OF BOND ISSUE: $5,500,000 5. PRINCIPALS: STEVEN C. GROH ALAN J. GROH BLAIR S. GROH 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property -H-1 b. Is rezoning proposed? Yes No X C. If so, to what zoning classification? FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING EXECUTIVE HOTEL ASSOCIATES PROJECT DATE: August 15, 1985 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: EXECUTIVE HOTEL ASSOCAITES PROJECT TYPE OF FACILITY: Hotel/Restaurant 1. Maximum amount of financing sought $ 5,500,000 2. Estimated taxable value of the facility'S real property to be constructed in the municipality $ 4,000,000 3. Estimated real property tax per year using present tax rates $ 32,000 4. Estimated personal property tax per year using present tax rates $ 45,000 5. EStimated merchants' capital (business license) tax per year using present tax rates $ N014E 6. Estimated dollar value per year of goods and services that will be purchased locally $ 250,000 7. Estimated number of regular employees on year round basis $ 100 8. Average annual salary per employee $ 10,500 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. City of Virginia Beach Development Authority lay C airman Economic Impact Statement EXECUTIV@ IIOTEL ASSOCIATES PROJECT 1. Ainount of investment $5,500,000 2. Amount of industrial revenue bond financing sought $5,500,000 3. Estimated taxable value of the facil@ty's real property to be constructed in the city ,of Virqinia @ach $4,000,Ooo 4. Estimated real property tax per year using present tax rate $ 32,000 5. Estimated personal property tax $ 45,000 6. Economic impact statement demonstrating the overall return to the city: A. Number of new jobs 19 B. Payroll generated $157,500 Av. Wage $-10,500 C. Number of jobs r etained 85 D. Payroll retained $ 892,500 Av. Wage $ lo,goo 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 COST OF.SALES $ 250,000 TOTAL $250,000 F. Estimated building permit fee and other municipal fees $ 5 000 G. Estimated construction payroll $ 25,000 H. Esti.,nated value of construction material to be purchased within the City of Virginia Beach @600,000 I. Estimated number of construction jobs 150 J. Any other items which the applicant feels the Authority should be made aware of in evaluating the project 7. Is the site currently zohed 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 -n4o x 9. Will the bond financing close within 90 days from the date of adoption of the inducement resolution? Yes X No 10. Wcation of project (attach location map) 717 S. Mi-li-tarv Hi.ghway, Vi-rgi-ni-a Beach, Virgi-nia 11. Explanation of alternative financing that has been reviewed for project Exi-stj-ng conventi.onal f i,nanci-al rates make the project economi-cally i-mpracti-cal. I hereby certify that the information stated in the above Economic Impact Statement-is accurate and true in. all respects. EXECUTIVE IIOTEL ASSOCIATES @ By: Executi-ve Hotel Corporation, General Partner By: (Applicant)S even C. roh, Presi-dent Subscribed and sworn to before me thisi@day of August 1 98 5. Notary Public my Commission Expires: 3 N U PROJECT NAME: Executive Hotel Associates Project PROJECT ADDRESS: 717 South Military Highway Virginia Beach, Virginia 23464 TYPE OF PROJECT: Hotel and Restaurant Facility RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND FOR EXECUTIVE HOTEL ASSOCIATES WHEREAS, the city of Virginia Beach Development Authority, whose address is 770 Lynnhaven Parkway, Suite 200, Virginia Beach, Virginia (the "Authority") has considered the application of Executive Hotel Associates, a Virginia limited partnership, whose address is Suite 816, 355 Crawford Parkway, Portsmouth, Virginia 23704 (the "Purchaser"), for the issuance of the Authority's industrial development revenue bond in an amount estimated at not more than $5,500,000.00 (the "Bond") to assist in the financing of the Purchaser's acquisition and reno- vation of an existing 103 unit hotel and restaurant and the construction and furnishing of an additional 32 units (the "Project") to be located at 717 South Military Highway, Virginia Beach, Virginia 23464 to be owned by the Purchaser, and has held a public hearing thereon on Ser)tember 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 Bond 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 agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bond by the City of Virginia Beach Development Authority, for the benefit of Executive Hotel Associates, a Virginia limited partnership, 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 Project. 2. The approval of the issuance of the Bond, as - I - required by Section 103(k), does not constitute an endorsement of the Bond or the creditworthiness of the Purchaser, but, pursuant to Chapter 643 of the 1964 Acts of Assembly of Virginia, as amended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or 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 allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter 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, Virginia, on Septemberl6 198 5. CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA By: TITLE: eh#l res.c 2 CERTIFICATION OF SPECIMEN BOND The undersigned Secretary of the City of Virginia Beach Development Authority of Virginia Beach, Virginia, a political subdivision of the Commonwealth of Virginia (the Authority), hereby certifies that the attached specimen of the Authority's $5,500,000.00 Industrial Development Revenue Bond (the "Bond"), is in all relevant respects identical to the Bond delivered today to City Council, which Bond was authorized and issued pursuant to a resolution of the Authority adopted , and is in substantially the form duly authorized by such resolution and that such resolution has not been repealed, revoked, rescinded, or amended, but is in full force and effect as of the date hereof. Dated this day of 1985. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY OF THE CITY OF VIRGINIA BEACH, VIRGINIA By Secretary eh#l res.c SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: BRIDGE TUNNEL HOTEL ASSOCIATES 2. LOCATION: 5725 Northampton Boulevard Vi-rgi-ni-a Beach, VA 23455 Acqui.si.ti-on, cc)nstruction, renavation and 3 DESCRIPTION OF PROJECT: expansion of a 178 uni.t hotel and restau- rant and the constructi.on oa j- i-ona units. 4. AMOUNT OF BOND ISSUE: $10,000,000 5. PRINCIPALS: Steven C. Groh Blair S. Groh Alan J. Groh Stephen J. '.Ii-ndsor 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property @H-1 b. Is rezoning proposed? Yes No C. If so, to what zoning classification? FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: AugUSt 15, 1985 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: BRIDGE TUNNEL HOTEL ASSOCIATES PROJECT TYPE OF FACILITY: HOTEL/RESTAURANT 1. maximum amount of financing sought $ 1010 01000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 9,700,000 3. Estimated real property tax per year using present tax rates $ 72,800 4. Estimated personal property tax per year using present tax rates $ 9,000 5. Estimated merchants' capital (business license) tax per year using present tax rates $ NONE 6. Estimated dollar value per year of goods and services that will be purchased locally $ 700,000 7. Estimated number of regular employees on year round basis $ 150 8. Average annual salary per employee $ 10,500 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no ingependent investigation with repect tnereto. City of Virginia Beach Development Authority By C airman Economic Impact Statement 1. Amount of investment $-io,ooo,ooo 2. Amount of industrial revenue bond financing sought $ 10,000,000 3. Estimated taxable value of the facil@ty's real property to be constructed in the City of Vir4inia B6acb $. 3,500,000 4. Estimated real property tax per year using present tax rate $ 72,800 5. Estimated personal property tax $ 9,000 6. Economic impact statement demonstrating the overall return to the city: A. Number of new jobs 60 B. Payroll generated $ 630,000 Av. Wage $lo,5oo C. Number of jobs retain@ed 90 D. Payroll retained $945,000 Av. Wage $ 10,500 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 Cost-of Sales $ 700,000 TOTAL 700,000 F. Estimated building permit fee and other municipal fees $ - 25,000 G. EStimated construction payroll $1,200,000 H. Estinated value of construction material to be purchased within the City of Virginia Beach $1,500,000 I. Estimated number of construction jobs 200 J. Any other items which the applicant feels the Authority should be made aware of in evaluating the project 7. Is the site currently zohed 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 'NoX 9. Will the bond financing close within 90 days from the date of adoption of the inducement resolution? Yes X No 10. Eoocation of project (attach location map) 5725 Northampton boulevard, Vi-rgini-a Beach, Vi.rgi-ni.a 11. Explanation of alternative financing that has been reviewed for project Exi.stj-nq conventi-onal fi-nanci.nq rates make the project economi-cally i.mpracti-cal. Adopted by the Council of the City of Virginia Beach, Virginia, on Septmber 16, 1985 I certify the foregoing to be a true and correct copy of a resolution adopted by the City Council of the City of Virginia Beach, Virginia, at a regular meeting held Clerk -3- I hereby certify that the information stated in the above Economic Impact Statement-is accurate and true in all respects. BRIDGE TUNNEL HOTEL ASSOCIATES By: Bri-dge Tunne@@e @orati-on, General Partner Bv: (Applicant) President Subscribed and sworn to before me this day of August 1985. Notafy Public My Commission Expires: REE PROJECT NAME: Bridge Tunnel Hotel Associates PROJECT ADDRESS: 5725 Northampton Boulevard Virginia Beach, Virginia 23455 TYPE OF PROJECT: Hotel and Restaurant and Facility RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND FOR BRIDGE TUNNEL HOTEL ASSOCIATES WHEREAS, the city of Virginia Beach Development Authority, whose address is 770 Lynnhaven Parkway, Suite 200, Virginia Beach, Virginia (the "Authority") has considered the application of Bridge Tunnel Hotel Associates, a Virginia limited partnership, whose address is Suite 816, 355 Crawford Parkway, Portsmouth, Virginia 23704 (the "Purchaser"), for the issuance of the Authority's industrial development revenue bond in an amount estimated at not more than $10,000,000.00 (the "Bond") to assist in the financing of the Purchaser's acquisition, construction, renovation and expansion of a 178 unit hotel and restaurant and the construction of 72 additional units (the "Project") to be located at 5725 Northampton Boulevard, Virginia Beach, Virginia 23455 to be owned by the Purchaser, and has held a public hearing thereon on September 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 Bond 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 agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bond by the City of Virginia Beach Development Authority, for the benefit of Bridge Tunnel Hotel Associates, a Virginia limited partnership, 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 Project. 2. The approval of the issuance of the Bond, as - 1 - required by Section 103(k), does not constitute an endorsement of the Bond or the creditworthiness of the Purchaser, but, pursuant to Chapter 643 of the 1964 Acts of Assembly of Virginia, as amended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or 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 allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter 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, Virginia, on September 16, , 1985. CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA By: TITLE: bt#l res.c 2 CERTIFICATION OF SPECIMEN BOND The undersigned Secretary of the City of Virginia Beach Development Authority of Virginia Beach, Virginia, a political subdivision of the Commonwealth of Virginia (the Authority), hereby certifies that the attached specimen of the Authority's $10,000,000.00 Industrial Development Revenue Bond (the "Bond"), is in all relevant respects identical to the Bond delivered today to City Council, which Bond was authorized and issued pursuant to a resolution of the Authority adopted , and is in substantially the form duly authorized by such resolution and that such resolution has not been repealed, revoked, rescinded, or amended, but is in full force and effect as of the date hereof. Dated this day of 1985. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY OF THE CITY OF VIRGINIA BEACH, VIRGINIA By Secretary bt#l res.c 3 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Kel-Con Enterprises 2. LOCATION: 2604 and 2607 Ocean Front Drive Virginia Beach, Virginia 3.' DESCRIPTION OF PROJECT: 135 unit riotel with related office, shops and restuarant facil.ities 4. AMOUNT OF BOND ISSUE: $6,500,000 5. PRINCIPALS: Ronald D. McInturff, Cen. Plartner Garry P. McInturff, Gen. Partner A small portion of the project will be sold to liriited partners 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property H-2 b. Is rezoning proposed? Yes No x C. If so, to what zoning classification? FlSCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: AUGUST 15, 1985 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: KEL-CON ENTERPRISES TYPE OF FACILITY: MOTEL 1. Maximum amount of financing sought $ 6,500,000 Estimated taxable value of the facility's real property to be constructed in the F,unicipality $-6,100,000 3. Estiniated real property tax per year using present tax rates $- 48,000 4. Estimated personal property tax per year using present tax rates $ 20,000 5. Estimated merchants',capital (business license) tax per year using present tax 7,000 rates $ 6. Estimated dollar value per year of goods and services that will be purchased locally $- 135,000 7. Estimated number of regular employees on year round basis $ 50 8. Average annual salary per employee $- 1 0 . 0 00 The information contained in this Statement is based solely i)n facts and estimates provided by the Applicant, and thE Authority has n@ade no independent investigation 'with respect theretc- City of Virgin--a Beach Developn,ent Au-.hority By Ch man adr ECONOMIC IMPACT STATEMENT 1. AMount of investment $ 6,500,000_ 2. Amount of industrial revenue bond financing sought $ 6,500,000 3. EStimated taxable value of the facility's real property to be constructed in the City of Virginia Beach S 6,100,000 4. EStimated real property tax per year using present tax rate 48,800 $ "I'll 5. Estimated personal property tax s 20,000 6. Economic impact statement demonstrating the overall return to the city: A. Number of new jobs 50 possible B. Payroll generated $ 500,000 A,. Wage $ 10,000 C. Number of jobs retained N/A D. Payroll retained $ N/A Av. Wage $ N/A E. Estimate of the value of goc>ds and services purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type Value automobile $ 15,000 insurance $ 10,000 linen service $ 70,000 prof@ssional services repair services $ 40 O 0 0 TOTAL $ 135,000 F. Estimated building permit fee and other municipal 2,270 fees $ G. Estimated construction payroll $1@600,000 H. Estimated value of construction material to be purchased within the City of Virginia Virginia Beach $ 1 , 00 0 , 0 00 I. Estimated number of construction jobs 80 J. Any other items which the applicant feels the Authority should be made aware of in evaluating the project This project will upgrade the Plotel - facilities along Atlantic Ave, and support the tourist inrlil,;try 7. Is the site currently zoned for the specific use being proposed for industrial revenue bond financing? Yes x No S. 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 the inducement resolution? Yes X No 10. Location of project (attach location map) 2604-2607 Ocean Front Drive, Va. Beach, VA 11. Explanation of alternative financing that has been reviewed for project none I hereby certify that the information stated in the above Economic Impact Statement is accurate and true in all respects. (Ap@icant) Subscribed and sworn to before me this day of 1985. Notary Public (J My Commission Expires: 9 CHESAPEAKE OC HD K" ORES REDWIN( R mo CORNER NAME OF PROJECT: Kel-Con Enterprises TYPE OF PROJECT: 135-Unit Motel With Related Office, Shops, & Restaurant Facilities PRO,JECT LOCATION: 2604 & 2607 Ocean Front Drive RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR RONALD D. MCINTURFF AND KEL-CON ENTERPRISES, A VIRGINIA LIMITED PARTNERSHIP WHEREAS, the City of Virginia Beach Development Authority (the Authority) has considered the application of Ronald D. McInturff and Kel-Con Enterprises, a Virginia Limited Partnership (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $6,500,000.00 (the Bonds) to assist in the financing of the Company's acquisition, construction, and equipping of a 135 unit motel with related office, shops and restaurant facilities (the Facility) to be located at 2604 and 2607 Ocean Front Drive in the City of Virginia Beach, Virginia, and has held a public hearing thereon on September 10, 1985, and WHEREAS, tbe Authority has requested the City Council (the Council) of Virginia Beach, Virginia (tbe City), to approve the issuance of the Bonds to comply with Section 103(k) 'Of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to SS15.1-1378.1, Code of Virginia, 1950, as amended, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council of tbe City of Virginia Beach, Virginia; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bonds by tbe City of Virginia Beach Development Authority for the benefit of Ronald D. McInturff and Kel-Con Enterprises, a Virginia Limited Partnership 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 tbe 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 tbe creditwortbiness 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 fr(xn 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 Septmeber 16, 1985. 081417/gmd/COM SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Co-odore Point Associates, a 1. PROJECT NAME: Virginia limited partn,rshir) 2. LOCATION: 5600 Southern Boulevard 3. DESCRIPTION OF PROJECT: 75,000 square foot Office building uarters Vir(4inia 4. AMOUNT OF BOND ISSUE: 5. PRINCIPALS: Douglas D. Wetrnore, DOuglas D. Ellis ary-B- Ruffner Alfred P. Dreyf,s 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property b. Is rezoning proposed? Yes No xXX C. If sOr tO what zoning classification? ii/ @5/S 3 FISCAL IMPACT ,TATEMENT DATI-: August 16, 1985 TO: TEIE CITY COUNCIL OF VIRGINIA BEACH, VIRGItlIA PROJECT NAME: Commodore Point Associates Facility TYPE OF FACILITY: 75,000 square foot office facility 1. Maximum amount of financing sought $--5,250,000 2. Estimated taxable value of the facilitv's real property to be constructed in the municipality $ 8 , 0 0 0 , 0 3. Estimated real propertv tax per year using present tax rates $_ 64,000 4. Estimated personal property tax per year using present tax rates $ -- 6o.ooo-- 5. Estimated merchants' caoital (business license) tax per year using present tax raties $ Unknown 6. E--timated dollar value per year of goods and services that will be purchased locally $ 0, 7. Estiiaated number of regular employees on year round basis 500 8. Average annuai salary per employee $ 20,006 The information contained in this Stateinent is base(j solel,i c)n 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@i-r Economic Impact Statement 1. Amount of investment 5,250,000 2. Amount of industrial revenue bond fi' nancing sought $5 250,000 3. Estimated taxable value of the facility's real property to be constructed in the City of Virgini.a Beach $8,000,000 4.. Estimated real property tax per year uting present tax rate 6 4 , 0 0 0 5. Estimated personal property tax 60,000 6. Economic impact statement demonstrating the overall 'city: ,return to the A. Number of new jobs 10 0 B. Payroll generated $ 2,000,000 Av. Wage 2 0 , 0 0 0 C. Number of jobs retain@d 0 D. Payroll retained $ 0 Av. Wage $ 0 E. Estimate of the value of goods-and services Purchased within the gec>graphic boundary of Virginia Beach by type (inventory, machinery, professional serv3 .ces, insurance,@motor vehicles, etc.): Type Value Professional Services $ 150,000 Miscellaneous $ 200,000 $ TOTAL $-750,000 F- Estimated building permit fee and other municipal fees $ 50,000 G. Estimated construction payroll $ 7 5 0 , 0 0 0 H. Estimated value of construction material to be purchased within the City of Virginia Beach 2,810,000 I. Estimated number of construction jobs 15 0 J. Any other items which the applicant feels the Authority should be made aware of in evaluating the p ect Relocation of 100 emplo e company olk, combined with firstrc)@a r from Norf lac-= cently completed nearby Greenwich Centre a 60,000 building currently 95% leased, whicii includes a Equitable f ned for the use of being proposed for industrial revenue bond financing? Yes xx No 8. Has a bond Purchase agreement/commitnent been accepted by the applicant? (attach a,copy) Yes 'No XXX 9. Will the bond financing close within 90 days from the date of adoption of the inducement resol tion? Ye, Xx U No 10. Location of project (attach location map) 4.5@Acres on Greenwich Road (former FOP facility) 11. Explanation of alternative financing that has been reviewed for project Project not feasible with any alternative financinq. I hereby certify that the informati,n stated in the above Economic Impact Statement-is accurate and true in all respects. Subscribed and sworn to before me this 1'&th day c)f August 1985 My com'misSiOn ExDire- 1- y z PROJECT NAME: Commodore Point Associates PROJECT TYPE: 75,000 Square Foot Office Buiiding A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers on September lp 1985. on Motion by and seconded by the following Resolution was adopted. RESOLUTION OF THE CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS TO COMMODORE POINT ASSOCIATES WHEREAS, the Virginia Beach Development Authority (the "Authority"), has considered the application of Commodore Point Associates (the "Company") for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $5,250,000 (the "Bonds") to assist in the financing of the Company's acquisition, construction and equipping of an office facility consisting of approximately 75,000 square feet (all improvements and land being collectively referred to as the "Facility") to be located at 5600 Southern Boulevard in Virginia Beach, Virginia, and has held a public hearing thereon on September 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, as amended; and WHEREAS, pursuant to S15.1-1378.1, Code of virginia, 1950, as amended, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bond by the Virginia Beach Development Authority, in a principal amount not to exceed $5,250,000 for financing the acquisition, construction and equipping of an office facility consisting of approximately 75,000 square feet to be located at 5600 Southern Boulevard in Virginia Beach, Virginia, for the benefit of Commodore Point 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 Facility. 2. The approval of the issuance of the Bond, as required by Section 103(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, employees and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or consequential, resulting from (1) the Authority's failure to issue bonds for the Facility for any reason, including but not limited to any decision by the Commonwealth of Virginia to allocate its allowable private activity bond limit to one or more other projects if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted; or (2) the Commonwealth of Virginia's failure for any reason after the issuance of the Bonds for the Facility to allocate a portion of its allowable private activity bond limit to the Facility if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. 4. This Resolution shall take effect immediately upon its adoption. -2- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AU@HORIJ@%, INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Athen's 0f Tidewater, Inc. 2. LOCATION: 1929 Centerville Turnpike Vir,ginia Beach, Virqinia '23464 3 DESCRIPTION OF PR%DJECT: Retail Shopping CentL-r 4. AMOUNT OF BOND ISSUE: $550,000 5. PRINCIPALS: Kosta Poulos 6. ZONING CLASSIFICATION: a. Present zoni,-,l clas@ificatioll of the Property D=2 b. Is rezoning proposed? Yes No x C. If SOP tO what zoning classification? 11/5/83 EXHIBIT C FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: 8-14-85 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Athen's of Tidewater, Inc. TYPE OF FACILITY: Retail Shopping Center 1. Maximum amount of financing sought $ ,,,0,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 650,000 3. Estimated real property tax per year using present tax rates $ 5,200 4. Estimated personal property tax per year using present tax rates $ 411,100 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 1, 50 0 6. Estimated dollar value per year of goods and services that will be purchased locally $ 500,000 7. Estimated number of regular employees on year round basis )$ 60 8. Average annual salary per employee $ 15,000-20,000 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. City of Virginia Beach Development Authority By Economic Impact Statement 1. Amount of investment $550,000 2. Amount of industrial revenue bond financing sought $550,000 3. Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach $650,000 4. Estimated real property tax per year using present tax rate $ 5, 200 5. Estimated personal property tax $ 4,500 6. Economic impact statement demonstrating the overall return to the City: A. Number of new jobs 60 B. Payroll generated $900,000 Av. Wage $15 000 C. Number of jobs retained -N/A 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 - Inventory .$ 171 000 Equipment $ 40,000 -Professional Services $ 49 000 Insurance $ 35 000 - Vehicles s105 000 P. Estimated building permit fee and other municipal fees s 50,000 2 G Estimated construction payroll $ 60, 000 H. Estimated value of construction material to be purchased within the City of Virginia Beach $ 200,000 I. Estimated number of construction jobs 300 J. Any other items of which the applicant feels the Authority should be made aware of in evaluating the project Additional revenue from utilities, real estate taxes, local sales tax and local meal tax, @d state inccm tax fr Payroll and business tax returns 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) 1929 Centerville Turnpike Virginia Beach, Virginia 23464 11. Explanation of alternative financing that has been reviewed for project N/A I hereby certify that the information stated in the above Economic Impact Statement is accurate and true in all respects. 3 Subscribed and sworn to before me this / @ day of 1.@-- I I EM. 1985. li.t'a@ P' MY Commission Expires: /0-i@-@U PROJECT NAME: Athen's of Tidewater, Inc. PROJECT NAME: 1929 Centerville Turnpike Virginia Beach, VA. 23464 TYPE OF PROJECT: Retail Shopping Center A meeting of the Council of the City of Virginia Beach, virginia, was held in the Council Chambers, in the Adminis- tration Building, on the 16 day of September, 1985. on motion by and seconded by the follow- ing Resolution was adopted. RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR ATHEN'S OF TIDEWATER, INC. WHEREAS, the City of Virginia Beach Development Authori- ty (the Authority) has considered the application of Athen's of Tidewater, Inc., a Virginia corporation (the Company), for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $550,000 (the Bonds) to assist in the financing of the Company's construction of a retail shopping center facility (the Facility) to be located at 1929 Centerville Turnpike in the City of Virginia Beach, Virginia, and to be owned by the Company, and has held a public hearing thereon on September 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, and has authorized the City Manager to submit an application to the Virginia Department of Housing and Community Development requesting $550,000 from the "State Reserve", as defined in Executive Order 54(85) of the Gover- nor of the Commonwealth of Virginia dated January 23, 1985 (the Executive Order), with respect to the issuance of the Bonds; 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 statement in the form prescribed by Section 15.1-1378.2 of the Code of Virginia of 1950, as amended, have been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The recitals made in the preambles to this Resolu- tion are hereby adopted as a part of this Resolution. 2. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bonds by the City of Virginia Beach Development Authority to assist in the financing of the Facility 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 incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 4. The City Manager is hereby authorized and directed to submit an application to the Virginia Department of Housing and Community Development requesting $550,000 from the "State Reserve", as defined in the Executive Order with respect to the issuance of the Bonds. 2 5. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on September 16 , 1985. 3 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: S and H Company Office Facility 2. LOCATION: 397 Little Neck Road Virginia Beach, Virginia 23452 3. DESCRIPTION OF PROJECT: Regional Headquarters and operations center for S and H Company and its affiliates and a commercial and professional center and related improvements 4. AMOUNT OF BOND ISSUE: $922,000 5. PRINCIPALS: C. G. Harris and Marvin Simon 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property: Cornmercial b. Is rezoning proposed? No C. If so, to what zoning classification? N/A FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: August 15, 1985 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: S and H Company Office Facility TYPE OF FACILITY: Regional Headquarters and operations center for S and H Company and its affiliates and a commercial and profes- sional center and related improvements 1. Maximum amount of financing sought $922,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $985,000 3. Estimated real property tax per year using present tax rates $ 8,400 4. Estimated personal property tax per year using present tax rates $ 3,800 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 500 6. Estimated dollar value per year of goods and services that will be purchased locally $300,000 7. Estimated number of regular employees on year round basis 45 8. Average annual salary per employee $ 20,000 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. CITY OP VIRGINIA BEACH DEVELOPMENT AUTHORITY By Chairman 4 t4Ti@TIC ile 6 7 LE 9 Fl L, 10 [-T iu @12 Hir! '13 ;T I SEE ID 01 A B c E F G H C.@I.I..@ . 16-.1 @O G@'D 2p7@. Joins Map 21 PROJECT NAM S and H C@any Office Facility PROJECT ADDRESS: 397 Little Neck Road Virginia Beach, Virginia 23452 TYPE OF PROJECT: Regional Headquarters and operations center for S and H Company and its affiliates RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR S AND H COMPANY WHEREAS, the City of Virginia Beach Development Authori- ty (the Authority), has considered the application of S and H Company, a Virginia general partnership (the Company) whose address is Suite 200, 3400 Building, 397 Little Neck Road, Virginia Beach, Virginia 23452, for the issuance of the Authority's industrial development revenue refunding bonds in an amount not to exceed $922,000 (the Bonds) to refund that certain $922,000 Temporary Construction Revenue Bond (S and H Company Office Facility - 1980), dated September 1, 1980, made payable to Sovran Bank, N.A. (formerly Virginia National Bank) (the Lender) as modified by that certain Modification and Extension of Bond Agreement, dated December 1, 1981, between the Authority and the Lender (collectively, the Original Bond); and WHEREAS, the Original Bond was issued to assist in financing of the Company's acquisition, construction, and equipping of a regional headquarters and operations center for the Company and its affiliates and a commercial and professional center and related improvements (collectively, the Facility) located at 397 Little Neck Road, Virginia Beach, Virginia 23452, and owned and operated by the Company; and WHEREAS, the Authority held a public hearing on the issuance of the Bonds on September 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 (i) Section 103(k) of the Internal Revenue Code of 1954, as amended (the Internal Revenue Code) and (ii) Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the Virginia Code); and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a reasonably detailed summary of the comments expressed at the public hearing, if any, and the fiscal impact state- ment required by Section 15.1-1378.2 of the Virginia Code have been filed with the Council of the City; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City approves the foregoing recitals which are incorporated in, and deemed a part of, this Resolution as if fully set forth herein. 2. The Council of the City approves the issuance of the Bonds by the Authority, for the benefit of the Compa- ny, to the extent of and as required by Section 103(k) of the Internal Revenue Code and Section 15.1-1378.1 of the Virginia Code, to permit the Authority to assist in the financing of the Facility. 3. The approval of the issuance of the Bonds, as required by Section 103(k) of the Internal Revenue Code and Section 15.1-1378.1 of the Virginia Code, does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643 of the 1964 Acts of the General Assembly of Virginia, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 4. In approving this Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable, and hereby disclaims all liability for, any damages to any person, direct or consequential, resulting from (1) the Authority's failure to issue bonds for the Facility for any reason, including but not limited to any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereaf- ter enacted; or (2) the Authority's failure for any reason after the issuance of bonds for the Facility to allocate a portion of its allowable industrial development bond volume to the Facility if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. 5. 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 September 16, 1985 1985. - 27 - Item II-L CONSENT AGENDA ITEM # 24205 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council APPROVED in ONE MOTION Items 1,2,3,4,5,6,7 and 8, as well as the two ADD-ON Items: Resolution in Memoriam to Laszlo Aranyi and Resolution in Gratitude to the Virginia Beach Mounted Patrol, of the CONSENT AGENDA. On Item 1, Vice Mayor McClanan registered a VERBAL NAY Vote. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf - 28 - Item II-L.A CONSENT AGENDA ITEM # 24206 ADD-ON Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council ADOPTED a RESOLUTION IN MEMORIAM to; LASZLO ARANYI Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf RESOLUTION IN MEMORIAM TO LASZLO ARANYI WHEREAS: LASZLO ARANYI was born in Budapest, Hungary and came to the United States in 1956; WREREAS: He opened an architectural practice in Virginia Beach in 1965 and began to spearhead the solar energy movement in Tidewater; WHEREAS: He was always willing to extend himself beyond his profession and into community service; WHERF,AS: He was a man of integrity who demonstrated his concern for humanity by contributing many hours to the promotion of youth through his work with the Boy's Clubs and expressed his concerns for the elderly by designing the first state-of-the-art nursing home in Virginia and publishing a book in connection therewith; WHEREAS: He was a violinist, a painter and photographer; he enriched the lives of the citizens of Virginia Beach with his music and his art; WHEREAS: He was a man of many cultural and charitable interests who shared his enthusiasm and knowledge for the benefit of all. He succeeded in making each project more than ordinary; WHEREAS: He was appointed to the Virginia Beach Arts & Humanities Commission June 27, 1983, and was serving his second term when elected Chairman in Juie 1985. His dedication and unselfish service involved personal sacrifices and inconveniences; however, he liked his work and became involved to better understand every facet. He was quick to recognize a need and energetic to excel in any field of endeavor; and, WHEREAS: This City is a better place to live and to work because of the contributions of LASZLO ARANYI: TREREFORE, it was with sincere regret that the Virginia Beach City Council learned of the death of this outstanding citizen and wishes to express its sympathy with this RESOLUTION IN MEMORIAM GIVEN under our hands and seals this Sixteenth Day of September, Nineteen Hundred and Eighty-Five. Mayor Vice Mayor - 29 - Item II-L.b. CONSENT AGENDA ITEM # 24207 ADD-ON Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council ADOPTED a RESOLUTION IN RECOGNITION to: VIRGINIA BEACH MOUNTED PATROL Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf September 16, 1985 - 30 - Item II-L.1 CONSENT AGENDA ITEM # 24208 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council ADOPTED an Ordinance, on SECOND READING, to appropriate $27,949 to the office of the Commonwealth's Attorney for an additional attorney position. Voting: 7-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Vice Mayor Reba S. McClanan* Council Members Absent: Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf *Verbal Nay Setpember 16, 1985 z < AN ORDINANCE TO APPROPRIATE $27,949 TO THE OFFICE OF THE COMMONWEATLH'S ATTORNEY > 0 FOR AN ADDITIONAL ATTORNEY POSITION WHEREAS, the office of the Commonwealth's Attorney has requested an additional attorney position to allow reinstatement of the Target Misdemeanor Program, and WHEREAS, the cost of the new position is estimated at $27,949 for salaries, fringe benefits, supplies and furniture, and WHEREAS, the total cost may be offset by an increase in esti- mated revenues as a result of increased funding from the Compensation Board. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that funds in the amount of $27,949 are hereby appropriated to the Commonwealth's Attorney's budget for a new Attorney I position. BE IT FURTHER ORDAINED that the appropriations be offset by a like increase in estimated revenues. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day of September 1985. FIRST READING: September 9, 1985 SECOND READING: September 16, 1985 KAR/13 ORDI - 31 - Item II-L.2 CONSENT AGENDA ITEM # 24209 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council APPROVED the following Ordinances, on FIRST READING to: ORDINANCE TO APPROPRIATE FUNDS OF $6,306,290 FOR CITY OF VIRGINIA BEACH SCHOOL PROGRAMS FUNDED BY SPECIAL CATEGORICAL GRANTS FOR SCHOOL YEAR 1985-86. ORDINANCE TO APPROPRIATE FUNDS OF $1,895,309 FOR THE FY 1985-86 SCHOOL TEXTBOOK RENTAL FUND BUDGET. ORDINANCE TO APPROPRIATE FUNDS OF $8,538,291 FOR THE FY 1985-86 SCHOOL CAFETERIA ENTERPRISE FUND BUDGET. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: AN ORDINANCE TO APPROPRIATE FUNDS OF $6,306,290 FOR CITY OF VIRGINIA BEACH SCHOOL PROGRAMS FUNDED BY SPECIAL CATEGORICAL GRANTS FOR SCHOOL Y@ 1985-86 WHEREAS, the Virginia Beach School Board has been notified that it will receive funds of $6,306,290 througb special state and federal categorical grants for the school year 1985-86, and WTIEPEAS, these funds were not included in the FY 1985-86 School Operating Budget approved by City Council, and WHERFAS, the School Board at its meeting on August 20, 1985 approved this funding and requests that City Council appropriate these funds, and 14HEREAS, it is desirable and necessary for City Council to appropriate these funds prior to the expenditure thereof. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of $6,306,290 are hereby appropriated for school pairposes for FY 1985-86 under the auspices of the following grants: Grant Source Amount Pay-for-Performance State $ 65,522 Remedial Education State 200,000 Chapter I, P.L.97-35 Federal 3,950,605 Chapter T, Special Projects Federal 87,720 Chapter II, P.L. 97-35 Federal 361,209 Title VI-B, P.L- 94-142 Federal 1,611,166 Title VI-C, P.L- 94-142 Federal 3,621 Title VI-C, P.L- 89-313 Federal 3,695 Transition Program for Refugee Children, P.L. 96-212 Federal 10,752 Adult Basic Education, P.L. 91-230 Federal 12,000 Total Categorical Grants $ 6,306,290 BE IT FURTHER ORDAINED that this appropriation will be financed by $265,522 estimated revenue from the Commonwealth and $6,040,768 estimated revenue from the Federal Government, and BE IT FURTHER ORDAINED that this appropriation is authorized subject to the expenditures being incurred with no local match. Tbis ordinance shall be effective for tlie fiscal year beginning July 1, 1985. Adopted by tlie Council of the City of Virginia Beach, Virginia on the day of 1985. Public Hearing: September 16, 1985 First Reading: September 16, 1985 Second Reading: AN ORDINANCE TO APPROPRIATE FUNDS OF $1,895,309 FOR THE FY 1985-86 SCHOOL TEXTBOOK RENTAL FUND BUDGET WHEREAS, the Attorney General of Virginia has opined that School Board expenditures of funds generated by tlie rental of textbooks require an appropriation of the local governing body, and WHEREAS, the Virginia Beach School Board lias a textbook rental plan whereby rental income is deposited in a textbook ren- tal fund and purchases of textbooks and other related expenses are paid from this flind, and WHEREAS, the School Board has submitted a Textbook Rental Fund budget for FY 1985-86 in order to coinply with the Attorney General's opinion, and WHEREAS, the Textbook Rental budget approved by the School Board on August 20, 1985 included total revenues of $1,895,309 and total disbursements of $1,895,309 for fiscal year 1985-86. NOW, THEREFORF,, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $1,895,309 be appropriated for a School Textbook Rental Fund budget in the manner approved by the School Board in its meeting of August 20, 1985. BE IT FURTHER ORDAINED that this appropriation be financed by Estimated Revenues of $1,895,309 in the Textbook Rental Fund. This ordinance shall be effective from the date of its adop- tion. Adopted by the Council of the City of Virginia on the day of 1985. PUBLIC HFARI.NG: September 16, 1985 FIRST READING: September 16, 1985 SECOND READING: P,ATS 18/ORD2 API.IRO'VED Ac, TO Col@,ITF.NT !,l li@@ L It" "@T AN ORDINANCE TO APPROPRIATE FUNDS OF $8,538,291 FOR THE FY 1985-86 SCHOOL CAFETERIA ENTERPRISE FUND BUDGET WHEREAS, the Attorney General of Virginia has opined that School Board expenditures of funds generated by the sale of cafeteria meals require an appropriation of the local governing body, and WHEREAS, the Virginia Beach School Board has a cafeteria meal program whereby meal income is deposited in a cafeteria enter- prise fund and purchases of food and other related expenses are paid from this fund, and WHEREAS, the School Board has submitted a Cafeteria Enter- prise Fund budget for FY 1985-86 in order to comply with the Attorney General's opinion, and WHERF,AS, the Cafeteria Enterprise Fund budget approved by the School Board on July 16, 1985 included total revenues of $8,538,291 and total disbursements of $8,538,291 for fiscal year 1985-86. NOW, THERFFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRCINIA BEACH that funds of $8,538,291 be appropriated for a School Cafeteria Enterprise Fund budget in the manner approved by the School Board in its meeting of July 16, 1985. BE IT FURTHER ORDAINED that this appropriation be financed by Estimated Revenues of $8,538,291 in the Cafeteria Enterprise Fund. This ordinance shall be effective from the date of its adop- tion. Adopted by tlie Council of the City of Virginia on the day of 1985. PUBLIC HEARING: September 16, 1985 FIRST READING: September 16, 1985 SECOND READING: RATS 18/ORDI AS TO CONTENT T - 32 - Item II-L.3 ITEM # 24210 CONSENT AGENDA Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council ADOPTED an Ordinance to trausfer Fiscal Year 1984-85 appropriatious within various departments to match appropriations and expenditures. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf AN ORDINANCE TO TRANSFER FISCAL YEAR 1984-1985 APPROPRIATIONS WITHIN VARIOUS DEPARTMENTS TO MATCH APPROPRIATIONS AND EXPENDITURES WHEREAS, unanticipated conditions caused the expenditures of various get units to exceed their appropriations, and WHEREAS, other budget units have excess appropriations in amounts greater than those budget units exceeding their appropriations, and WHEREAS, the city desires to reallocate appropriations to alleviate the variance between expenditures and appropriations, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that appropriations be reallocated or increased as follows: Appropriation Fund/Budget Unit/Department Adjustment GENERAL FUND: Transfers To: 04020 - City Treasurer (Finance) $ 28,000 06035 - Custodial Unit (Judicial) 28,500 10010 - Director's Office (Public Works) 97,000 10111 - Highway Inspections (Public Works) 40,400 10113 - Street Maintenance (Public Works) 72,000 10311 - Refuse Disposal (Public Works) 35,000 10314 - Solid Waste Transfer Station (Public Works) 85,000 16020 - Management and Support (General Services) 61,000 19020 - Suppression (Fire) 87,400 Total Transfers To $ 534,300 Transfers From: 30000 - Reserve for Contingencies-Salary $ 402,300 10250 - Design and Administration (Public Works) 132,000 Total Transfers From $ 534 3@00 WATER AND SEWER FUND Transfers To: 20016 - Water Production Resources (Public Utilities) $ 863,000 20050 - Customer Service (Public Utilities) 33,253 20030 - Administration (Public Utilities) 26,000 Total Transfers To $ 922,253 Transfers From: 30000 - Reserve for Contingencies (Public Utilities) $ 133,253 20010 - Director's Office (Public Utilities) 43,500 20011 - Engineering (Public Utilities) 122,200 20031 - Water Distribution (Public Utilities) 123,600 20032 - Water Production (Public Utilities) 238,600 20042 - Sewer Pump Stations (Public Utilities) 231,600 20041 - Sewer Collection (Public Utilities) 29,500 Total Transfers To $ 922 2@53 This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 16 day of September 1985. CAC/I ORD12 - 33 - Item II-L.4 CONSENT AGENDA ITEM # 24211 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council ADOPTED an Ordinance transferring $350,000 from Project 2-823 Salem Canal Hydraulic Study to Project 2-410 Great Neck Road - Phase 11 for acquisition of this property. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf AN ORDINANCE TO TRANSFER $350,000 OF CAPITAL PROJECTS FUNDS TO PROJECT #2-410 GREAT NECK ROAD-PHASE 11 FOR THE CITY'S SHARE OF SITE ACQUISITION COSTS WHEREAS, project #2-410 Great Neck Road-Phase II is included in the city's capital improvement program as a city/state project, and WHEREAS, in order to proceed with the remaining construction needed for this project, additional site must first be acquired, and WHEREAS, appraisals for the additional site have been received with the city's share of costs estimated at $350,000, and WHEREAS, the additional funds needed may be transferred from project #2-823 Salem Canal Hydraulic Study. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that funds in the amount of $350,000 are hereby transferred from project #2-823 Salem Canal Hydraulic Study to #2-410 Great Neck Road- Phase II to cover the city's share of additional site acquisition costs. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 16 day of September 1985. KAR/13 ORD28 - 34 - Item II-L.5 CONSENT AGENDA ITEM # 24212 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, CitY Council ADOPTED an Ordinance to transfer $47,000 from reserve for contingencies to fund a consultant study of the AICUZ area suitable land uses and economic development activities. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S- Council Members Voting Nay: None Council Members Absent: Mayor Harold Heischober, Louis R. Jones, and Meyera E. oberndorf September 16, 1985 AN ORDINANCE TO TRANSFER APPROPRIATIONS FROM RESERVE FOR CONTINGENCIES TO FUND A CONSULTANT STUDY OF THE AICUZ AREA SUITABLE LAND USES AND ECONOMIC DEVELOPMENT ACTIVITIES WHEREAS, on May 6, 1985 City Council authorized the City Manager to secure a request for proposal for a consultant study to determine the suitable land uses and economic development activities of AICUZ areas, and WHEREAS, consultant proposals have been secured and the cost of a study has been set at $47,000, and WHEREAS, in order to proceed with the study, Council must allo- cate the necessary funding which may be provided by the transfer of appropriations from Reserve for Contingencies. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that appropriations in the amount of $47,000 be transferred from Reserve for Contingenices to fund the consultant study of the AICUZ area. BE IT FURTHER ORDAINED that the City Manager is hereby authorized to enter into a contract for the consultant services. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach on the 16 day of September 19 85 KAR/13 ORD4 - 35 - Item II-L.6 CONSENT AGENDA ITEM # 24213 Upon motion by Councilwoinan Creech, seconded by Councilman McCoy, City Council ADOPTED an Ordinance to authorize a temporary encroachment into a portion of the rights-of-way of 78th Street and Ocean Avenue to Charles L. Blair, his heirs, assigns and succesors in title. This Encroachment shall be subject to the following conditions: 1. The owner agrees to remove the encroachment when notified by the City, at no expense to the City. 2. The owner agrees to keep and hold and the City free and harmless of any liability as a result of this encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. The owner agrees that the walkway will be maintained for public access and not restricted for private use. 5. This encroachment shall not be in effect until an agreement has been executed encompassing the above conditions. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf Requested By Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHTS-OF-WAY OF 78TH STREET AND OCEAN AVENUE TO CHARLES L. BLAIR, 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, Charles L. Blair, his heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment into the rights-of-way of 78th Street and Ocean Avenue. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a wooden walkway across the dune line for protection and preservation of the dune and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's rights-of-way known as 78th Street and Ocean Avenue, on the certain plat entitled: 'PROPOSED WOODEN WALKWAY FOR ACCESS TO BEACH AT 78th STREET VIRGINIA BEACH, VA.," 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 Charles L. Blair, his heirs, assigns and successors in title and that within thirty 30 days after such notice is given, said encroachment shall be removed from the City's rights-of-way of 78th Street and Ocean Avenue and that Charles L. Blair, 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 Charles L. Blair, 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 Charles L. Blair 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 Setpember. 1985. GLF/rab 8/21/8 5 (29C) APPRo@Vr.0 AS TO CC)NTENT -2- IL4 4b te tT \10 4L t zc ID 4L ti cz ou 0io lu 91 CL' t,4 14, I"ka CZ cl 4,y - 36 - Item II-L.7 CONSENT AGENDA ITEM # 24214 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council ADOPTED an Ordinance authorizing Tax Refunds in the amount of $899.14 upon application of certain persons and upon certification of the Treasurer for Payment. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf Setpember 16, 1985 R N 0. C. 8/30/85 ETIC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- D ate Penalty lnt. Totai Y ear of Tax Number tion No. Paid Jackson M Glisson Jr 85 pp 61016-1 5/15/85 30.00 Jeffreys Enterprises Inc 85 pp 81548-6 8/19/85 65.54 Mary Y Windle 85 pp 174175-9 6/5/85 123.12 Elizabeth F Sisson 81 pp 145498 7/2/85 21.55 Jon G & Teresa A Frizzell 85 pp 56418-5 7/17/85 12.95 Carl W & May E Griffler 85 pp 64721-1 6/5/85 84.78 George L Poff 85 pp 125903-0 6/5/85 163.50 The Runnymede Corp 85 RE(2/2) 79096-7 6/5/85 94.96 Olion E Frost 85 RE(1/2) 31995-0 12/3/84 40.93 Olion E Frost 85 RE(2/2) 31995-0 6/5/85 40.93 Dorothy C Ililler 85 RE(]/2) 16702-5 10/30/84 31.24 Dorothy C Miller 85 RE(2/2) 16702-5 10/30/84 31.24 Mary L Dozier 85 RE(1/2) 25266-4 11/16/84 23.76 Mary L Dozier 85 RE(2/2) 25266-4 6/5/85 23.76 William L Grimstead 85 RE(1/2) 36783-5 11/13/84 55.44 William L Grimstead 85 RE(2/2) 36783-5 6/5/85 55.44 Total 899.14 p This ordinance shall be effective from date of adoption. The ab?yp abatement(s) totaling Ci $899 were approved by the Council of,tpe City of V@r tieamber, 1985 e@ n Beach on the " -day of io Approved as to form: Ruth Hodges Smith City Clerk - 37 - Item II-L.8 CONSENT AGENDA ITGEM # 24215 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council ADOPTED an Ordinance authorizing License Refunds in the amount of $106.39 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf September 16, 1985 FORM NO. C.A. e AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME L icense Date Base Penalty Int. Total Year Paid Marcus, Rebecca Bailey 1984 Audit Audit 106.39 T/A Emergency Physicians of Tidewater 417 Princess Anne Road Virginia Beach, VA 23507 Certified as to Payment: Robert Vaughan Commissioner of Revenue Approved as to form: This ordinance shall be effective from date of adoption. The above abatement(s) totaling@Q@. q9 were approved by the Council of the City of Virginia Beach on the -- 16 day of e 19-- 85 Ruth Hodges Smith City Clerk - 38 - Item II-N.1 UNFINISHED BUSINESS ITEM # 24216 E-911 EMERGENCY COMMUNICATIONS SYSTEM Chief of Police, Charles R. Wall provided City Council with additional information relative the E-911 EMERGENCY COMMUNICATIONS SYSTEM. Chief Wall reiterated problems as the City was involved with two sets of cost a non-recurring cost to install the equipment and the second cost is a recurring or monthly charge for the use of this particular system through the telephone companies. Chief Wall reiterated the following two options: (1) The City would pay for this cost and then recoup it from the users at a higher rate than thirty-one (31cts) cents a month for a two year period, and then return to the thirty-one (31cts) cents a month. (2) The City would pay for the system from the General Funds and NOT charge it back to the individual users. This would entail an expenditure of $193,000 from the present 1985-86 Fiscal Year; an expenditure of $563,000 for the 1986-87 Fiscal Year; and, an expenditure of $75,000 for the 1987-88 Fiscal Year. 911, as it is presently used by the City, does not include the BLACKWATER AREA, the ENHANCED 911 would give every citizen the Emergency 911 capabilities. A Letter of Authorization is necessary by October 15, 1985, to proceed with E-911 installation to enable actual service to coincide with that of the City of Norfolk. If the Letter of Authorization is not received by this indicated date, work would be delayed until the first quarter of 1989. Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council will conduct a PUBLIC HEARING on September 30, 1985, regarding the IMPLEMENTATION of the E-911 SYSTEM. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Mayor Harold Heischober, Louis R. Jones, and Meyera E. Oberndorf - 39 - Item II-N.2 a. UNFINISHED BUSINESS ITEM # 24217 MAYOR'S CODE OF ETHICS COMMITTEE/ LOCAL GOVERNMENT STUDY COMMISSION ADD-ON Councilman Baum referenced the Mayor's Code of Ethics Committee and the Local Government Study Commission and inquired concerning the limitations of the FREEDOM OF INFORMATION ACT upon them and when they are allowed to meet in EXECUTIVE SESSION. The City Attorney responded that State Law provides any Legislative Body, Authority, Bureau, Commission of the Commonwealth or any political subdivision including city, towns and counties are subject to the FREEDOM OF INFORMATION ACT and their meetings must be governed accordingly. They would have a right to go into EXECUTIVE SESSION for the same reasons as the City Council, but these agencies must also first conduct a Public Meeting to vote for the exceptions which allow Executive Sessions. Councilman Robert Jones reiterated Councilman Baum's concerns. Item II-N.2 b. UNFINISHED BUSINESS ITEM # 24218 COUNCILMAN ROBERT JONES COMMENTS Councilman Robert Jones advised Council he had requested the City Clerk place in Council's AGENDA packages a Transcript of his comments to the CODE OF ETHICS COMMITTEE. Councilman Robert Jones distributed to Council a News Article concerning his comments. Councilman Jones noted same will serve to compare the accuracy of the news article. Councilman Jones stated his position on the NEW YORK TIMES vs. SULLIVAN was completely misunderstood and inaccurately reported. - 40 - Item II-0.1 NEW BUSINESS ITEM # 24219 RESORT AREA ADVISORY COMMISSION Michael Barrett, Director of the Resort Area Advisory Commission, presented City Council with a brief narritive report to parallel the tabular report presented in City Council's Agenda. (Said report is hereby made a part of the record). Mr. Barrett advised concerning the progress of the following: Code Enforcement Program Increased Public Maintenance Police Presence Daily Events/Courtesy Patrol Stub Street Conversions to Parks/Landscaping Creation of Day Use Beach Facilities Refine Vision/Public Comment Host Urban Land Institute's Panel Advisory Service Resort Area Advisory Commmission Staff Structure for Implementation Mr. Barrett presented his report with the assistance of slides. He noted the Commission had presented a total of 16 presentations to 683 people, generally well received. The slide display is being revised to include information on the general net revenue reinvestment policy. The Resort Area Advisory Commission is the subject of a documentary by Cox Cable which will be presented on Cox Channel 11. Mr. Barrett advised, as per Councilman Jennings' request, he will report concerning the recommendations of the Consultants, Michiewicz-Robertson and the implementation of these recommendations. Timothy Barrow, Chairman of the Resort Area Advisory Commission, advised Council within the next forty-five days the Commission will present its preliminary land use circulation, parking, zoning and Capital Projects Plans to City Council. The "blueprint" for resort revitalization will be submitted during consideration of the 1986-1990 Capital Improvement Program and will include a specific proposal for funding of the Capital Plan. The Commission will be requesting City Council ADOPT a reinvestment policy substantially increasing tbe number of dollars committed to Capital infrastructure improvements which underpin the role of Virginia Beach as a RESORT CITY. - 41 - Item II-0.2 NEW BUSINESS ITEM # 24220 TIDEWATER MAYOR'S BOWLING TOURNAMENT ADD-ON Councilman McCoy advised the City of Virginia Beach has won the TIDEWATER BOWLING TOURNAMENT. This Tournament will be televised on Channel 11 at 9:30, September 16, 1985. The Trophy will be presented at the Council Meeting of September 30, 1985. - 42 - Item II-P.1 ADJOURNMENT ITEM # 24221 Upon motion by Councilman Jennings, seconded by Councilman Fentress, and BY ACCLAMATION, City Council ADJOURNED the meeting at 5:27 P.M. (3 0. @@ Beverl3r 0. Hooks Chief Deputy City Clerk @h Hodges-Smith, CMC Vice Mayor Reba S. McClanan City Clerk City of Virginia Beach, Virginia /bh September 16, 1985