Loading...
HomeMy WebLinkAboutMARCH 25, 1985 MINUTES Cit@ c3f -Vir-ggi@iel "WORLD'S LARGEST RESORT CITY" CTTY COUNCIL MAYOR MAROL.D HEISCHOB= At VICE-MAYaR REBA & MCLANAN. P-,. A- @k JORN A. BA UM. Bi.@@ @k NANCY A. CREECH. At L-g. ROMT E. @SS. V@ B-A B-gh BARBARA M. @. @ B-gA M. JACK JFAWINGS. JR.. L@- @h LOUIS R. JONES, Bv@ @k ROBERT G. JOATS, At @, J. RENRYM@COY, JR.. K-P.WK B-gh MEYERA E O@RF. A, @. 281 CITY HALL BUILDING RU7W HODOES SmrrH. CMC, C-ty @k MWICJPAL CEN7ER CITY COUNCIL AGENDA VIRGINIA MA CJi VIRGINIA LW6 PM 18041417-4X3 March 25, 1985 Virginia Beach City @il ITEt4 I. MEERIM OF VIRGUM BFACH CITY OOUNCIL - Cmferenoe ROM - 5 PM A. CML TO OF4)ER - Mayor Harold Heischcber B. RDLL CALL OF COUNCIL C. MOTION TO M= INTO E="IVE SESSION ITEM II. SESSIGN OF VIMINIA CITY MMIL - om=il 6 - 7 PM A. INVOCHTICN: Reverend Williarn L. Gregory Bayside Baptist h B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED SRATES OF AMERICA C. C ROLL CALL OF CITY COUNCIL D. CITY 'S ADMINISTRATIVE ITEMS 1. Review of Oonsent Agerida E - MAYOR/ IL - DISCUSSION OF PERTINENT Mik@ ITEM II. F. MINLMES 1. Mcrtion to accept/approve the Minutes of March 18, 1985. G. TICK/ ICN 1. Resolution in Recognition - Drs- V@r arld Hill 2. Virginia Beach BeautificatiOn MOnth - APril H. - OONSIDERATICK OF AMENEMERR 1. ordinance to an ordinance a Octcber 1, 1979 uPOn application of Rich&rd S. f- B-1 to A-2 by r@ing a proffer relating to drainage. (City Council vcted March 11, 1985 to oonsider this aniendment.) i. PLANNING 1. Application of Saint Luke's United st for a conditicnal use permit for - additi- to an existing church on a five-acre parcel located at the northwest corner ot Holland Road and stoneshore Poad (Prin-ss BorOugh)- a. Letter frum the City Mamger transmits the reccmmndation of the Plaming Ccninission for 2. Application of Garden Of the Pines pet @ial, Inc. for a @itional use Permit for an addition to a pet c)n a 14. -acre pari cn e west side of SaLlern Road, south of Landstown Road (Princess Arme Borough). a. Letter frcm the CitY Mamger transmitb the r tion of the Plaming Ccmnissi- for 3. Application Of C_tructi- for a oc>nditional use for tuo duplexes on Lots 12-15, Block 117, Lakevmd, at 805 12th Street on a 14,000-square foot parcel (Virginia Beach Borough) - a. Letter frcrn the City manager tranrmits the r tion of the P BSion for approval - 4. Applicaticns of C. David Whitley for a conditional use permit for a duplex on a 6,250- e foot parcel located at 1205 Parks Avenue; AND, a coriditional use permit for a duplex cn a 6,250-square foot P-cel located at 1214 Parks Avenue (Virginia Beach Borough). a. Letter frcrn the City M-9- transmits the r ticn of the Planning Ccmmissi- for approval of applications. ITEM 11. I. PLANNING (Cont'd) 5. Application of Littletcn C. @ins for a conditioml use pennit for maltiple-family d@llings in the C-1 Arts and Conference District on pELreels located at 1807, 1809, and 1811 Cypress Avenue containing 1.28 acres (Virginia Beach Borough). a. Letter frcin the City Manager transmits the reccmnendation of the Plaming ssion for approval. 6. Application of Great Neck Asomiates for a @itional use con i bu lding pemit for a 100-foct le and crete serv ce i on a 43,608-Bquare focyt pELrcel located on the north sicle ot Mill Dam Road, @st of Shaveller Lane (Lymhaven Borough). a. Letter frcrn the City Mariager transmits the r tion of the Planning ocmuissicn to allow withdrawal. J. CONSERR AGENDA All ratters listed under the Consent Agenda are oonsidered in the ordirkLry course of business by City CoLmcil and will be enacted by one in the form listed. If an itern is r@ed fran the ConBent Agerida, it will be discussed and voted upon separately. 1. ReBoluticn in Recognition to Drs. Kathryn Hill and Vemer. 2. Resolution requesting iate action to improve U. S. 58, east of @ria, to a four-lane divided high@y, utilizing State priwary funds. 3. Resolution authorizing the City to experid public funds for labor and materials to render repairs and/or unprav@ts to volunteer fire and rescue squad facilities necesbary to prcrtect the health, safety, and @lfare of individuals using those facilities. 4. Resolution of City @il of the City of Virginia Beach, Virginia, delegating to the City of Virginia Beach Devel Authority the power to allocate the City's "Private Activity @ Limit--. 5. ordirklnce, on SECOND READIM, to accept and appropriate additional grant funds fran the Department of Corrections tota@ $30,152 for the Virginia ty Diversion Incentive Program. 6. Request of the City Treasurer for tax refunds in the amount of $2,098.89. 7. Request of the Ccunissioner of the Revenue for license refunds in the amolmt of $1,659.16. K. ICLIS/OFMINANCE 1. Resolution approving the issuance of Special Revenue Bonds frcrn Newport News Redevel and Housuig Authority in the amomt of $6,500,000 to Brandywine Assmiates. 2. Resolution of the City Comcil of Virginia Beach, Virginia accepting a Mariag@t Plan for the Back Bay watershed and directuq the City Mariager to develop a plan for its implementation. 3. ordinance to transfer $4,943 in appropriations for the purchase of Thougbt Prooessing equi@. ITEM ii. L. UNFINISHM BUSINESS M. NEW BUSINESS 1. Request for amendment of deed restrictions placed on a change of g at 36th Street and Pacific Avenue 2. Legal Holiday - Memc)rial Day, May 27, 1985 N. AW 1. Mcyticn to adjoum. BCND ELWRICN 26, 1985 $36,500,000 AND RI@ BMM $50,000,000 WATER AND SEWER BMM $30,320,000 SCHOOL BONDS $6,000,000 CORRBCRION CERMR ADDITION BCNDS EMCISE YOUR RIGHT TO VM 6 Item 11-F. I MINUTES ITEM # 23410 Upon motion by Councilwoman Creech, seconded by Councilwoman Henley, City Council APPROVED the Miiiutes of March 25, 1985, with the following CORRECTION: The Cover Sheet of the MINUTES incorrectly advised Councilman Jennings as being on vacation. The MINUTES siiall be corrected to read as follows: Councilmari Jetiriings was GUEST SPEAKER at an INSURANCE SALES & MARKETING CONFERENCE in Tampa Florida. Voting: 8-0 Couricil 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 Abstaining: Meyera E. Oberndorf Council Members Absent: Mayor HaroLd Heischober and Louis R. Jones. April 1, 1985 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 25, 1985 The Regular Meetiag of the Council of the City of Virginia Beach, Virginia was called to order by Mayor Harold Heischober in the Conference Room, CitY Hall Building, on Monday, March 25, 1985, at 6:10 in the evening. Council Members Present: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Robert G. Jones, and Vice Mayor Reba S. McClanan Council Members Absent: Nancy A. Creech, H. Jack Jennings, Jr., Louis R. Jones, J. Henry McCoy, Jr., D.D.S, and Meyera E. Oberndorf Councilwoman Creech entered the EXECUTIVE SESSION at 6:20 p.m. Councilman Jennings was Guest Speaker at an Insurance Sales and Marketing Conference Councilman Louis Jones entered the EXECUTIVE SESSION at 6:20 p.m- Councilman McCoy entered the EXECUTIVE SESSION at 6:45 p.m- Councilwoman Oberndorf was attending the NATIONAL LEAGUE OF CITIES ConfereLice in Washington, D.C. March 25, 1985 - 2 - ITEM # 23378 Mayor Heischober entertained a motion to permit Council to conduct its EXECU- TIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes, to be followed by the REGULAR MEETING. 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the dispositon of publicly held property, or of plans for the future of ail iristitution which could affect the value of property owned or desirable for ownership by such iiistitution. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Baum, seconded by Councilman Fentress, City Council voted to proceed into the EXECUTIVE SESSION to be followed by the REGULAR SESSION. Voting: 6-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Robert C. Jones, and Vice Mayor Reba S. McClanan Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, H. Jack Jennings, Jr., Louis R. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberiidorf March 25, 1985 - 3 - R E G U L A R S E S S I 0 N VIRGINIA BEACH CITY COUNCIL March 25, 1985 7:10 p.m. Mayor Harold Heischober called to order the Regular Session of the Virginia Beach City Council in the Council Chambers, City Hall Building, on Monday, March 25, 1985, at 7:10 iii the evening. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Absent: H. Jack Jennings, Jr., and Meyera E. Oberndort INVOCATION: Reverend William L. Gregory Bayside Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA March 25, 1985 - 4 - MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS Item II-E.1 COUNCILMAN ROBERT G. JONES BLRTHDAY ITEM # 23379 Mayor Heischober ANNOUNCED today, March 25, 1985, was Councilman Robert G. Jones Birthday. The Council extended their Best Wishes. MAYOR HEISCHOBER'S BIRTHDAY ITEM # 23380 Councilman Louis Jones referenced Mayor Heischober's Birthday on March 20, 1985, and extended Best Wishes. The Mayor advised this was his "MEDI-CARE" Birthday. March 25, 1985 5 Item II-F. I MINUTES ITEM # 23381 Upon motion by Couricilman Baurn, seconded by Councilmaii Fentress, City Council AMENDED the Minutes of March 18, 1985, as per the following: ITEM # 23366 - Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council APPRGVEE) ADOPTED an Ordinance, on-FIRST-READINGT to allocate positions and provide accompanying appropriations for the INFORMATION SYSTEM COORDINATION OFFICE ($24,970). This Ordinance was APPROVED on FIRST READING in error on March 18, 1985. This Ordinance did not require a SECOND READING, and was actually ADOPTED on March 18, 1985. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., and Meyera E. Oberndorf March 25, 1985 6 Item 11-G.1 PRESENTATION ITEM # 23382 Mayor Heischober presented a RESOLUTION IN RECOGNITION to: KATHRYN HILL, M.D. ROBERT VENNER, M.D. This Resolution recogaized the contributions to the maintenance, care and improvement of the health of the City's citizens over a period of thirty- eight (38) years of medical practice in this community. March 25, 1985 7 Item 11-C.2 PROCLAMATION ITEM # 23383 Mayor Heischober PROCLAIMED the molith of April as: VIRGINIA BEACH BEAUTIFICATION MONTH This PROCLAMATION recognized the Virginia Beach Beautification Commission for twenty years of service to the City and urged citizens to join with the Beautification Commissioii in continuing to rnake Virgiiiia Beach a beautiful City in which to live. This PROCLAMATION was accepted by the following Members of the VTRCINIA BEACH BEAUTIFICATION COMMISSION: Dr. Charles J. Elstrodt, President Mrs. Charles J. Elstrodt Michael E. Perry, Member Nancy Parker, Member (also represented B. Bruce Taylor) Vicki Matheney Joan Hayes March 25, 1985 - 7a - 46 ria,rl;am;attiatt WHEREAS, the Virginia Beach Beautification Commission is in its 20th year of service to our City; and WHEREAS, the Beautification Commission gives financial support to the HANDS Program (Home and Neighborhood Development Sponsors), which is coordinated through the Garden Clubs; and WHEREAS, the Beautification Commission assists with the annual promotion of Arbor Day activities and also supports the City's Clean Community Commission in order to guard against litter and unsightly surroundings; and WHEREAS, the Commission encourages the creation and beautification of public parks and recreational areas and sponsors plant material installation along main arteries and thoroughfares throughout our City; and WHEREAS, the Beautification Commission works toward strengthening City ordi- nances for the protection of our trees and waterways and lobbies against appeals that permit unsightly billboarding; and WHEREAS, the Commission encourages the owners and occupants of private properties to beautify their properties that border streets, highways, and other public places frequented by the public, including parking lots, and assists the citizens by providing plans for landscaping and planting; and WHEREAS, the Commission supported the concept of the Beach Garden Park and donated the sign for this public park; and WHEREAS, an objective of the Beautification Commission is to protect and preserve the natural beauties of our City so that future generations may continue to enjoy them, especially our waterways, beaches, and the Seashore State Park. NOW, THEREFORE, I, Harold Heischober, Mayor of the City of Virginia Beach, do hereby proclaim the month of April 1985 as VIRGINIA BEACH BEAUTIFICATION MONTH and commend the Virginia Beach Beautification Commission for twenty years of service to our City and urge citizens to join with the Beautification Commission in continuing to make Virginia Beach a beautiful City in which to live. Given under my hand and seal this 25th day of March, nineteen hundred and eighty-five. Harold Heischober Mayor March 25, 1985 - 8 - Item 11-G.3 ANNOUNCEMENTS ITEM # 23384 Mayor Heischober INTRODUCED the WEBLOS AND LEADERS OF CUB SCOUT PACK 481, preseat at the Council Meeting. March 25, 1985 9 Item 11-H.I. PLANNING ITEM # 23385 Attorney Grover Wright represented the applicant Upon motion by Councilman Louis Jones, seconded by Councilwoman Creech, City Couiicil ADOPTED the following: ORDINANCE TO AMEND AN ORDINANCE ADOPTED OCTOBER 1, 1979, UPON APPLICATION OF RI @ RD S. FOSTER FROM B-1 TO A-2 BY REMOVING A PROFFER RELATING TO DRAINAGE The following condition of the Change of Zoning Application of RICHARD S. FOSTER APPROVED by the Council of the City of Virginia Beach on October 1, 1979, is hereby repealed if the flows off this site are kept at the present undeveloped rate: Drainage from this site cannot be directed into Pleasure House Lake. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., and Meyera E. Oberildorf March 25, 1985 - 9a - AN ORDINANCE TO AMEND AN ORDINANCE ADOPTED OCTOBER 1, 1979 UPOM APPTI- CATION OF RICHARD S. FOSTER FROM B-1 TO A-2 BY REMOVING A PROFFER REI,ATING TO DRAINAGE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following proffer (condition) is hereby repealed: Drainage from this site cannot be directed into Pleasure House Lake. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Twenty-fifthday of March 1985. JDB:jh 3 /2 0 / 8 5 AP. March 25, 1985 10 - Item 11-1. 1 PLANNING ITEM # 23386 Reverend Gene M. Williams, pastor of Saiiit Luke's United Methodist Church, re- presented the applicant Upon motion by Vice Mayor McClanan, seconded by Councilwoman Henley, City Council ADOPTED an Ordinance upon application of SAINT LUKE'S UNITED METHODIST CHURCH for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF SAINT LUKE'S UNITED METHODIST CHURCH, FOR A CONDITIONAL USE PERMIT FOR AN ADDLTION TO AN EXISTING CHURCH R0385728 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Saint Luke's Methodist Church for a Conditional USSe Permit for an addition to existing church at the northwest corner of Holland Road and Stoneshore Road. Said parcel is located at 3396 Stoneshore Road and contains 5 acres. PRINCESS ANNE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fifth day of March, Nineteen Hundred and Eighty-five. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., and Meyera E. Oberndorf March 25, 1985 Item 11-I.2 PLANNING ITEM 23387 Attorney Grover Wright represented the applicant Upon niotion by Vice Mayor McClanan, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance upon application of GARDEN OF THE PINES PET MEMORIAL, INC. for a Conditional Use Permit as per tbe following: ORDINANCE UPON APPLICATION OF GARDEN OF THE PINES PET MEMORIAL, INC., FOR A CONDITIONAL USE PERMIT FOR ADDTTION TO PET CEMETARY R0385729 BE IT HEREBY ORDAINED BY THE COUNCLL OF THE CITY OF VIRGINIA BEACH, VIRGINLA: Ordinance upon application of Garden of The Pines Pet Memo- rial, lac., for a Conditional Use Permit for additioa to pet cemetary on certain property located on the west side of Salem Road, 3000 feet more or less south of Laiidstown Road. Said parcel is located at 2685 Salem Road and con- tains 14.61 acres. PRINCESS ANNE BOROUGH. The following condition shall be required: 1. De4ieet4!en- Reservation of right-of-way for twenty (20) years along the frontage on Salem Road, 47 feet from the centerline of the existing right-of-way in accordance with the Master Street and Highway Plaii and the Virginia Beach Bikeway Plari. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fifth day of March, Nineteen-Hundred and Eighty-five. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: H. Jack Jenuings, Jr., and Meyera E. Oberndorf - 12 - Item 11-I.3 PLANNING ITEM # 23388 Paul Duna, the applicant, represented himself Upon motion by Councilman Fentress, seconded by Councilwoman Creech, CitY Council ADOPTED an Ordinance upon application of DUNN-MALBON CONSTRUCTION COMPANY for a Conditional Use Permit as per the following: ORDINANCE UPON APPLlCAT10N OF DUNN-MALBON CONSTRUCTION CO., FOR A CONDITIONAL USE PERMIT FOR 2 DUPLEXES R0385730 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Dunn-Malbon Construction Co., for a Conditional Use Permit for two (2) duplexes on Lots 12-15, Block 117, Lakewood. Said parcels are located at 805 12th Street and contain 14,000 square feet. VIRGINIA BEACH BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, ou the Twenty-fifth day of March, NiBeteen Hundred and Eighty-five. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, aiid J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: E. Jack Jennings, Jr., and Meyera E. Oberndorf March 25, 1985 - 13 - Item II-I.4 PLANNING ITEM # 23389 C. David Whitley, the applicant, represented himself Upon motion by Councilman Fentress, seconded by Councilman Louis Jones, City Council ADOPTED Ordinances upon application of C. DAVID WHITLEY for Conditional Use Permits as per the following: ORDINANCE UPON APPLICATION OF C. DAVTD WHITLEY FOR A CONDITIONAL USE PERMIT FOR A DUPLEX R0385731 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of C. David Whitley for a Conditional Use Permit for a duplex on Lots 24 and 2@Block 112, Lakewood. Said parcel is located 1205 Park Avenue and contains 6,250 square feet. VIRGINIA BEACH BOROUGH. A N D ORDINANCE UPON APPLICATION OF C. DAVID WHITLEY FOR A CONDITIONAL USE PERMIT FOR A DUPLEX R0385732 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of C. David Whitley for a Conditional Use Permit for a duplex OD Lots 3 aild 4, Bio-ck 117, Lakewood. Said parcel is located 1214 Parks Avenue and contains 6,250 square feet. VIRGINIA BEACH BOROUGH. These Ordinances shail be effective upon the date of adoption. Adopted by the CouDcil of the City of Virginia Beach, Virginia, on the March 25, 1985 - 14 - Item II-I.4 PLANNING ITEM # 23389 (Contiaued) Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S- Council Members Voting Nay: None Council Members Absent: R. Jack Jennings, Jr., and Meyera E. Oberndorf March 25, 1985 - 15 - Item 11-1.5 PLANNING ITEM # 23390 Attorney Robert Cromwell represented the applicant Upon motion by Councilman Fentress, seconded by Councilman Louis Jones, City Council ADOPTED an Ordinance upon application of LITTLETON C. HUDGINS for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF LITTLETON C. HUDGINS FOR A CONDITIONAL USE PERMIT for MULTIPLE FAMILY DWELLINGS R0385732 A BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinarice upon application of Littleton C. Hudgins for a Conditional Use Permit for multiple family dwellings in the C-1 District on Lots C, D, E and F, Block 11, Virginia Beach Annex #2. Said parcels are located at 1807, 1809 and 1811 Cypress Avenue and contain 1.28 acres. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fifth day of March, Nineteen Hundred and Eighty-five. Voting: 9-0 Council Members Voting Aye: John A. Baum, Naacy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vi.ce Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: H. Jack Jeiinings, Jr., and Meyera E. Oberndorf March 25, 1985 - 16 - Item II-I.6 PLANNING ITEM # 23391 Upon motion by Councilman Robert Jones, seconded by Couricilman McCoy, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of GREAT NECK ASSOCIATES for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF GREAT NECK ASSOCIATES FOR A CONDITIONAL USE PERMIT FOR A 100-FOOT MONOPOLE AND CONCRETE SERVICE BUILDING Ordinance upoii application of Great Neck Associates for a Conditonal Use Permit for a 100-foot monopole and concrete service building on the north side of Mill Dam Road, 440.2 feet west of Shoveller Lane on Lot 4, Allburger Place. Said parcel contains 43,608 feet. LYNNHAVEN BOROUGH. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., and Meyera E. Oberndorf March 25, 1985 - 17 - Item 11-J. CONSENT AGENDA ITEM # 23392 Upon motion by Councilwoman Creech, seconded by Councilman Fentress, City Council APPROVED in ONE MOTION Items I through 7 of the CONSENT AGENDA. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., aiid Meyera E. Oberndorf March 25, 1985 - 18 - Item 11-J.1 CONSENT AGENDA ITEM # 23393 Upoii motion by Councilwoman Creech, seconded by Concilman Fentress, City Council ADOPTED a RESOLUTION IN RECOGNITION to the following: Kathryn Hill, M.D. Robert Veiiner, M.D. VotiLig: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Abseiit: H. Jack Jeiinings, Jr., and Meyera E. Oberndorf March 25, 1985 - 18a - RESOU)TION OF APPRECIATION Drs- Ka@ Hill and Robert Venner are retiring fram a thirt@eight year niedical practice in the CitY Of Virginia Beach during wbich t@ they contributed @surably to the maintenance, care and i]fP- @t of the health of our citizem,- They - loved and respected by a wide circle of -11-gues, Patients and friends in the City of Virginia Beach, @y have repeatedly d@trated civic responsibility in n-ous @ys, including medical cc)verage at public BChool athletic events, volunteer service at city health department clinics, performme of free @ool physical examinaticns and participation in other ty health projects; They have each served as President of the Virginia Beach @ical society and have, on n" occasions, provided the ties of their hcme for Medical Society ions, They have by advocacy and example prcmoted %ellness through physical fitness and itive sports,. 7hey @fest the traditional American virtues of hard @rk, individuality, indeperidence and responsibility; and, In these and other %ays they have exerrplified the finest traditions of medical practice in the City of Virginia Beach. RE, BE IT RESOLVED: That the Virginia Beach City ii, here ass@led this Twent@Fifth day of March, 1985, on behalf of the citizens of Virginia Beach, expresses deep APPRECIATION and RESPBCT to: KATHRYN HILL, M.D. ROBERr , M.D. Given urider our hands and seals, this Twntl-Fifth day of march, Nineteen Hundred Eighty-Five. rs of City Council ce March 25, 1985 - 19 - Item II-J.2 CONSENT AGENDA ITEM # 23394 Upon motion by Couiicilwoman Creech, seconded by Councilman Fentress, City Council ADOPTED a Resolution requesting IMMEDIATE ACTION to improve U.S. ROUTE 58, east of Emporia, to a four-lane divided highway, utilizing State primary funds. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Felitress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., and Meyera E. Oberndorf March 25, 1985 - 19a - R E S 0 L U T I 0 N WHEREAS, U. S. Route 58 is a primary link between the Tidewater area of Virginia and Southside Virginia, including Interstate 95; and WHEREAS, there is a great deal of tractor-trailer traffic travelling on U. S. Route 58; and WHEREAS, U. S. Route 58 is a heavily-travelled roadway; and WHEREAS, U. S. Route 58 consists of only two lanes between Courtland and Emporia and because of its condition and inadequacy, cannot be considered a safe highway; and WHEREAS, there have been many accidents on U. S. Route 58 between Courtland and Emporia resulting in numerous deaths and serious injuries over the years; and WHEREAS, the Virginia Department of Highways and Transportation has not recognized the severity of the problem that exists on U. S. Route 58 between Emporia and Courtland; THEREFORE, BE IT HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that acting in response to the dangerous conditions that exist on U. S. Route 58, east of Emporia, it is fomally requested that immediate action be taken to improve this to a four-lane divided highway, utilizing State primary funds, thus providing the public with a safer roadway. ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, ON THE 25 DAY OF march , 1985. March 25, 1985 - 20 - ltem 11-J.3 CONSENT AGENDA ITEM # 23395 Upon motion by Councilwoman Creech, seconded by Councilman Fentress, CitY Council ADOPTED the following Resolution: RESOLUTION AUTHORIZING THE CITY TO EXPEND PUBLIC FUNDS FOR LABOR AND MATERIALS TO RENDER REPAIRS AND/OR IM- PROVEMENTS TO VOLUNTEER FIRE DEPARTMENT AND RESCUE SQUAD FACILITIES NECESSARY TO PROTECT THE HEALTH, SAFETY AND WELFARE OF INDIVIDUALS USING THOSE FACILITIES. Voting: 9-0 Council Members Votiiig Aye: John A. Baum, NaLicy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S- Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., and Meyera E. Oberndorf March 25, 1985 - 20a - RESOLUTION AUTHORIZING THE CITY TO EXPEND PUBLIC FUNDS FOR LABOR AND MATERIALS TO RENDER REPAIRS AND/OR IMPROVEMENTS TO VOLUNTEER FIRE DEPARTMENT AND RESCUE SQUAD FACILITIES NECESSARY TO PROTECT THE HEALTH, SAFETY, AND WELFARE OF INDIVIDUALS USING THOSE FACILITIES WHEREAS, the City's fire and rescue services are provided by both paid employees and volunteers; and WHEREAS, the structural facilities supporting said services are both City-owned and volunteer-owned; and WHEREAS, the volunteer fire departments and rescue squads render a much-needed service to the citizens of the commmunity; and WHEREAS, in order to continue providing this service as adequately as it has been provided in the past, the volunteer fire departments and rescue squads periodically require repairs and/or improvements to their structural facilities necessary to protect the health, safety, and welfare of the volunteers and of City employees who also use these facilities; and WHEREAS, the funds for construction and maintenance of said facilities come from contributions and donations from the local community; and WHEREAS, said contributions and donations, although greatly appreciated, occasionally are not sufficient to maintain the volunteer structural facilities in proper repair and safe operational condition, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City of Virginia Beach hereby authorizes the expenditure of public funds for labor and materials to render repairs and/or improvements to volunteer fire department and rescue squad facilities necessary to protect the health, safety, and welfare of individuals using those facilities. Adopted this 25 day of _March 1985, by the Council of the City of Virginia Beach, Virginia. RMB/da March 25, 1985 (4) 3/1 2/8 5 2 1 Item 11-J.4 CONSENT AGENDA ITEM # 23396 Upon motion by Councilwoman Creech, seconded by Councilman Fentress, City Council ADOPTED the following Resolution: A RESOLUTION OF CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, DELEGATING TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY THE POWER TO ALLOCATE THE CITY'S "PRIVATE ACTIVITY BOND LIMIT" FOR INDUSTRIAL DEVELOPMENT REVENUE BONDS. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClaiian, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay; None Council Members Absent: H. Jack Jennings, Jr., and Meyera E. Oberndorf - 21a - A RESOLUTION OF CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, DELEGATING TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY THE POWER TO ALLOCATE THE CITY'S 'PRIVATE ACTIVITY BOND LIMIT' WHEREAS, Section 103(n) of the Internal Revenue Code of 1954, as amended (the Code), as presently implemented in the Commonwealth of Virginia by Executive Order Number 54(85) of the Governor of Virginia, dated January 23, 1985 (the Order), permits the Counties and Cities of Virginia to allocate their respective 'private activity bond limits" to 'private activity bonds" issued by "issuing authorities" for projects within their respective jurisdictions, in order to assure exemption from Federal income taxation of interest on such "private activity bonds"; and WHEREAS, the City of Virginia Beach Development Authority (the Authority), is the only "issuing authority" unconditionally empowered to issue "private activity bonds" for projects located within the City of Virginia Beach, Virginia (the City); and WHEREAS, the City Council of the City of Virginia Beach, Virginia (the Council), deems it appropriate to delegate to the Authority the power to make allocations of the City's "private activity bond limit' under the Code and the Order to 'private activity bonds" issued by the Authority to finance projects located within the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Council of the City of Virginia Beach, Virginia, hereby delegates to the Authority, the power to make allocations of the "private activity bond limit" available to the City under Section 103(n) of the Internal Revenue Code of 1954, as amended, and the Order to "private activity bonds" issued to finance projects located within the City. 2. The power of allocation delegated hereby shall include both (i) the power to allocate the 'Local Allocation" of the City referred to in Section C.I. of the Order and (ii) the March 25, 1985 - 21b - power to specify those projects for which allocation from the "State Reserve' referred to in Section C.3. thereof shall be requested by the City. 3. The Council, its officers, the officers of the City, the Authority and the officers of the Authority shall cooperate in complying with the requirements of Section 103(n) of the Code (and any implementing Treasury Regulations, whether temporary or final) and the Order, to the end that there shall be allocated to all "private activity bonds" issued by the Authority to finance projects located within the City and which the Authority deems worthy, sufficient 'private activity bond limit' to assure exemption of the interest on the bonds from Federal income taxation. 4. ThiS Resolution shall take effect immediately upon its adoption. Adopted this 25 day of March 1985, by the Council of the City of Virginia Beach, Virginia. CMS/da 4 3/18/85 March 25, 1985 -2- - 22 - Item 11-J.5 CONSENT AGENDA ITEM # 23397 Upon motion by Councilwoman Creech, seconded by Councilman Fentress, City Council ADOPTED an Ordinance, on SECOND READING, to accept additional Grant Funds from the DEPARTMENT OF CORRECTIONS totaling $30,152 and to appropriate these funds for the VIRGINIA BEACH COMMUNITY DIVERSION IN- CENTIVE PROGRAM. Voting: 9-0 Council Members Voting Aye; John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: H. Jack Jeiinings, Jr., and Meyera E. Oberndorf March 25, 1985 22a - z 1- z 0.@ 0 AL AN ORDINANCE TO ACCEPT ADDITION Z r- t' GRANT FUNDS FROM TIIE DEPARTMENT OF CORRECTIONS TOTALING $30,152 AND TO APPROPRIATE THESE FUNDS FOR THE VIRGINIA BEACH COMMUNITY DIVERSION INCENTIVE PROGRAM WHEREAS, the Virginia General Assembly has enacted the Community Corrections Incentive Program which makes funds available to jurisdictions within the Commonwealth for diverting qualified non-violent offenders from the State penitentiaries for the purpose of rehabilitating these offenders and allowing them to make restitution for their crimes; and WHEREAS, the City of Virginia Beach is currently operating such a program; and WHEREAS, the Department of Corrections has approved additional funding for the Virginia Beach Community Diversion Program for the period July 1, 1984 through June 30, 1985 for additional client services expenses. NOV,T, TI!EREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that the City Manager is hereby authorized to accept additional funds for the Community Diversion Incentive grant and that these funds are hereby appropriated for the following purposes: Community Diversion Incentive Program Previous Grant Award from the $ 90,072 Department of Corrections Additional Funds from the 30,152 Department of Corrections Total Appropriations $120,224 This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 25 day of March 1985. FIRST READING: March 18, 1985 SECOND READING: March 25, 1985 March 25, 1985 - 23 - Item 11-J.6 CONSENT AGENDA ITEM # 23398 Upon motion by Couiicilwoman Creech, seconded by Councilman Fentress, City Councii ADOPTED an Ordiiiance authorizing Tax Refunds in the amount of $2,098.89 upon application of certain persons and UPOD certification of the Treasurer for payment. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., and Meyera E. Oberndorf March 25, 1985 FORM NO. C.A. 7 - 23a - 3/ 7/85 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty lnt. Total Y ear of Tax Number tion No. Paid Anthony Galiotos 85 RE(1/2) 32471-7 11/13/84 112.44 The Kissell Company 85 RE(1/2) 59657-0 11/19/84 684.00 Julius Buxbaum 83 RE(2/2) 90738-0 6/5/83 3.20 Christian Broadcasting Network 85 RE(1/2) 16679-4 12/3/84 7.61 Sovran Bank NA 85 RE(1/2) 57896-5 12/5/84 8.00 McCardell Donnell & Simpson 85 RE(1/2) 76302-3 11/2/84 120.00 Sonja M Nelson 84 pp 111179-8 6/5/84 254.10 Harrell Peterson 84 pp 119583-1 11/27/84 75.24 Paul Belfatti 83 pp 10541-4 6/5/83 463.30 Richard G Lundvall 83 pp 195779-5 5/29/84 18.54 William C Bannister Jr N/A Pkng 64401 2/12/85 10.00 Total 1,756.43 This ordinance shall be effective from date of adoption. The above abatement(s) totaling Cert to pay were approved by the Council of the City of Virginia Beach on the 25 day of March, 1985 J ohnil kfk i n'so n-T Vda i u @e r Approved as to form: Ruth Hodges Smith City Cierk J. Dale Bimson, City Attorney - 23b - FORM NO. C.A- 7 3/1 5/ 85 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty lnt. Total Y ear of Tax Number tion No. Paid W H Trotter 84 pp 154308-2 5/19/84 138.30 Carol P Bailey 84 pp 6710-6 6/5/84 81.78 George B Ryan 84 pp 198306-0 12/5/84 65.40 G E Credit Auto 84 pp 208577-9 2/25/85 16.98 Daniel C Lake N/A Pkng 13229 3/11/85 20.00 Daniel C Lake N/A Pkng 64523 3/11/85 20.00 Total 342.46 MAR I 1,035 This ordinance shall be effective from date of adoption. The above abatement(s) totaling C to payment; $342.46 - were approved by the Council of the City of Virginia Beach on the 25 day of March, . @, - 4, 1985 Johl-T. Atkinson, Treasurer Approved as to form: Ruth Hodges Smith City Clerk J. Dale Bimson, City Attorney - 24 - item 11-J.7 CONSENT AGENDA ITEM # 23399 Upon motion by Councilwoman Creech, seconded by Councilman Fentress, CitY Council ADOPTED an Ordinance authorizing License Refunds in the amount of $1,659.16 upon application of certain persons and upoll certification of the Commissioner of Revenue. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., and Meyera E. Oberndorf March 25, 1985 - 24a - FORM NO. C.A. a 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 Global Associates 5801 Arrowhead Drive Va. Beach, VA 23462 1983/84 Audit 866.92 866.92 Great Neck Amusement, Inc. T/A Electronic Arcade 2256 Seashore Shoppes Va. Beach, VA 23451 1983 Audit 171.75 171.75 Hedlund, Larry L. T/A Larry's Appliance Repair 2904 Fetsch Place Va. Beach, VA 23456 1983/84 Audit 31.85 31.85 Certified as to Payment: han Approved as to form: J. Date Bimson This ordinance shall be effective from date of C i ty Attorney adoption. The above abatement(s) totaling 1,070-52 were approved by the Council of the City of Virginia Beach on the 25 day of --March 1985 Ruth Hodges Smith Ci ty Clerk March 25, 1985 FORM NO. C.A. 0 24b - 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 Affordable Enterprises, Inc. 687 Fernmill Ct. Va- Beach, VA 23464 1983 Audit 136.82 136.82 Agustin, Lourdes A., MD 4790 Post Oak Dr. Va- Beach, VA 23464 1982 Audit 16.28 16.28 Amdursky, Arnold B. & Diana T/A Arnold's Bar-B-Que 1113 Battle Royal Circle Va- Beach, VA 23455 1984 Audit 435.54 435.54 Certified as to Payment: ghai Approved as to form: TDat. Brn@on This ordinance shall be effective from date of City Attorney adoption. The above abatement(s) totaling 5 8 8 @4 __ were approved by the Counci I of the City of Virginia Beach on the 25 - day of - March 19 85 Ruth Hodges Smith C!ty Clerk March 25, 1985 - 25 - Item II-K.1 RESOLUTION ITEM # 23400 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council ADOPTED a Resolution approving the issuance of SPECIAL REVENUE BONDS from NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTHORITY in the amount of $6,500,000 to BRANDYWINE ASSOCIATES. Voting: 9-0 Council Members Voting Aye: John A. Baum, Naticy A. Creech, Robert E. Fetitress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, * Robert C. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Couticil Members Absent: H. Jack Jennings, Jr., and Meyera E. Oberndorf *Verbal Aye March 25, 1985 - 25a - RESOLUTION APPROVING THE ISSUANCE OF MULTI-FAMILY HOUSING REVENUE BONDS (BRANDYWINE ASSOCIATES PROJECT) WHEREAS, the City of Virginia Beach Development Authority (the 'Development Authority") has considered the application of Brandywine Associates, a Virginia limited partnership (the "Partnership") to the Newport News Redevelopment and Housing Authority (the 'Housing Authority") for the issuance of the Housing Authority's multi-family housing revenue bonds in an amount not to exceed $6,500,000 (the "Bonds") pursuant to Section 103 (b)(4)(A) of the Internal Revenue Code of 1954, as amended, to assist in financing the acquisition, construction, and equipping by the Partnership of a 172-unit residential rental apartment project located on a 9.2 acre tract on the southwest corner of Baker Road and Lake Edward Drive in Virginia Beach, Virginia (the "Project") and has held a public hearing thereon on March 12, 1985; and WHEREAS, the Development Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the 'City') to approve the construction of the additional housing and issuance of the Bonds by the Housing Authority to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended, the proposed final Treasury regulations issued thereunder, and applicable laws of the Commonwealth of Virginia; and March 25, 1985 - 25b - WHEREAS, a copy of the Housing Authority's resolution approving the issuance of the Bonds, and a copy of the Development Authority's resolution recommending approval of the Bonds by the Council, subject to terms to be agreed upon, and a record of the public hearings held thereon has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia approves the additional housing to be provided by the Project and further approves issuance of the Bonds by the Newport News Redevelopment and Housing Authority for the benefit of the Partnership, to the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit the Housing Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds, as required by Section 103(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Partnership, and the Bonds shall provide that neither the City, the City of Newport News, the Development Authority, nor the Housing Authority shall be obligated to pay the 2 March 25, 1985 25c - 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 of Virginia, the City, the City of Newport News, the Development Authority, or the Housing Authority shall be pledged hereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on March 25 , 1985. 3 March 25, 1985 25d SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY APPROVAL OF INDUSTRIAL DEVELOPMENT RCVENUE BOND TO BE ISSUED BY NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTHORITY 1. PROJECT NAME: Brandywine Associates Project 9.2 acres at the Southwest Corner of 2. LOCATION: Baker Road and Lake Edward Drive Virginia Beach, Virginia 3. DESCRIPTION OF PROJECT: 172-Unit Residential Rent-al Apartment Project 4. AMOUNT OF BOND IS@UE: $6,500,000 5. PRINCIPALS: GENERAL PARTNERS: Amurcon Corporation of Virginia Robert W. Schaberg Barton M. Berman LIMITED PARTNERS: Robert W. Schaberg Bar-ton M. Berman 6. ZONING CLASSIFICATION: a. Pces*nt zoning classification of the Prop*rty A-3 b. Is rezoning proposed? Yes No XX C. If so, to what zoning classification? N/A The purpose of this Resolution is to approve the Newport News Redevelopment and Housing Authority issuance of its Special Reveiiue Bonds for the benefit of Brandywine Associates. March 25, 1985 - 25e FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: January 22, 1985 TO: THE CITY COUNCIL OF VIRGINRA BEACH, VIRGRNIA PROJECT NAME: Brandywine Associates Project TYPE OF FACILITY: 172-Unit Rental Apartment Project 1. Maximum amount of flnancing sought $.6,500,000 2. Estimated taxable valu* of the Eacility's real property to be constructed in the municipality $6,500,000 3. Estimatod real property tax per year using pres*nt tax rates $41,500 4. Estimated p*rsonal prop*rty tax per year using pres*nt tax rates $ @A 5. Estimated merchants' capital (business license) tax por year using present tax rates $ N/A 6. E3timated dollar value per year of goods and servic*s that will b* purchased locally $300,000 7. Estimated number of regular employees on year round basis 3 8. Average annual salary per employee $.12 , 0 0 0 Tho information contain*d in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has mad* no independent investigation with repect th*reto. City of Virginia Beach D*velopmont Authority B y March 25, 1985 PROJECT NAME: Brandywine Associates Project PROJECT ADDRESS: 9.2 Acres at Southwest Corner of Baker Road and Lake Edward Drive TYPE OF PROJECT: 172-Unit Residential Rental Apartment March 25, 1985 - 26 - Item II-K.2 RESOLUTION ITEM # 23401 Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council ADOPTED the following Resolution: RESOLUTION OF THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA,ACCEPTING A MANAGEMENT PLAN FOR THE BACK BAY WATERSHED AND DIRECTING THE CITY MANAGER TO DEVELOP A PLAN FOR ITS IMPLEMENTATION Mayor Heischober extended appreciation to Councilwoman Henley, Councilman Baum, and Director of Public Works, C. oral Lambert, for their efforts in coiijunction with the MANAGEMENT PLAN FOR THE BACK BAY WATERSHED. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. Mcclanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., and Meyera E. Oberndorf March 25, 1985 26a - A RESOLUTION OF THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA ACCEPTING A MANAGEMENT PLAN FOR THE BACK BAY WATERSHED AND DIRECTING THE CITY MANAGER TO DEVELOP A PLAN FOR ITS IMPLEMENTATION WHEREAS, on February 1, 1982, the Mayor's Back Bay Study Committee was appointed and charged with the task of investigating the current status of Back Bay; and WHEREAS, A Management Plan for the Back Bay Watershed was subsequently developed to provide policy recommendations aimed at guiding future decision-making in this diverse, fragile and important watershed; and WHEREAS, this plan is intended to serve in conjunction with the Comprehensive Plan to manage public and private actions within a coordinated and comprehensive framework; and WHEREAS, the Back Bay Watershed is now experiencing the impacts of urbaniza- tion upon its natural ecosystem and intrinsic rural character; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. AcceDts A Management Plan for the Back Bay Watershed for use as a guide to local decision-making; and 2. Directs the City Maiiager to prepare a program of implementation for the plan and its recommendations. Adopted by the Council of the City of Virginia Beach, Virginia, on ti,is 25 day of March 1985 WJW/vz 3 / 20/ 85 March 25, 1985 - 27 - Item 11-K.3 ORDINANCE ITEM # 23402 A SURVEY had been coiiducted of neighboring cities of comparable size as to their individual methods of providing for the typing/secrearial needs of Council Members. In response to Council's idquiries, the City Clerk advised the System for which the City of Chesapeake has budgeted is a MESSEN(;ER UNIT and will have only a 90-Miiiute capacity of dictation; whereas, the "Thought Processing Equipment" will have a total capacity of twelve (12) hours. An additiolial transcriber unit is provided with this equipment, as well as a coupler for the telephone, and maintenance for one year which would actually amount to fifteen months as we have a ninety-day warrenty. Pam Godfrey, a representative of LANIER, further advised Council that the unit provided the City of Chesapeake did not prove sufficient for the City of Virginia Beach, as same had already been used on a "trial-basis". Upon motion by Councilman Robert Joiies, secoiided by Councilman Louis Jones, City Council ADOPTED an Ordinance to Transfer $4,943 in appropriations for the purchase of "THOUGHT PROCESSINC; EQUIPMENT". Voting. 8-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Barbara M. Henley Council Members Abseiit; H. Jack Jennings, Jr., and Meyera E. Oberndorf - 27a - AN ORDINANCE TO TRANSFER $4,943 IN APPROPRIATIONS FOR THE PURCHASE OF THOUGHT PROCESSING EQUIPMENT WHEREAS, the members of the City Council wish to enhance the efficiency of processing their letters and documents, and WHEREAS, the cost of such equipment will be $4,943. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that funds in the amount of $4,943 is hereby transferred from Reserve for Contingencies for the purchase of Thought Processing Equipment. 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 25 day of March , 1985. March 25, 1985 KAR/2 ORD17 - 28 - Item 11-M. 1 NEW BUSINESS ITEM # 23403 AMENDMENT/36th Street and Pacific Avenue Attorney Grover Wright represented the applicant Upon motion by Councilman Robert Jones, seconded by Councilman Fentress, City Council SCHEDULED CONSIDERATION OF AN AMENDMENT OF DEED RESTRICTIONS in behalf of CORPORATE DESIGNS, LTD., imposed on their Change of Zoning at 36th Street and Pacific Avenue on August 28, 1978. City Council SCHEDULED this CONSIDERATION for the Meeting of April 15, 1985. The condition to be AMENDED is: 1. Approval subject to certain deed restrictions except that the setback from 36th Street shall be ten feet as allowed by the Board of Zoning Appeals. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanaD, and J. Henry McCoy, Jr., D.D.S- Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., and Meyera E. Oberndorf This item was brought forward on the AGENDA and discussed after Planning ltem Ii-I.2. - 29 - Item II-M.2 NEW BUSINESS ITEM # 23404 MEMORIAL DAY/May 27, 1985 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council CANCELLED the Council Meeting of May 27, 1985, as same is a LEGAL HOLDAY, MEMORIAL DAY. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., and Meyera E. Oberndorf March 25, 1985 - 30 - ftem 11-N.1 ,),DJOURNMENT ITEM # 23405 Upo,i motion by Cour,ciLtiiaii Bauin, secofided by Cout)cilwotnaLl Creech, Council ADJOURNED Lhe nioeli@)g at 7:58 p.iii. Voting: 9-0 Council Members Voting Aye: ,JohLi A. Baum, Naticy A. CreLch, Robert E. Feiitress, Mayor Hzirold lleiscliober, Barbar@i M. Hei)ley, Louis R. Joties, Robert G. Jo,les, Vice Mayor Reba S. McClaiiaii, and J. HL@ory McCoy, Jr., D.D.S. Cour)cil Menibers Votiiig Nziy. Noi@c@ COUL)Cil Members Abse,it: Ll. Jack Jeiiiii@igs, Jr., alid Meyera E. Ober@idorf Chief Deputy City C.Lerk R., Itdg@,, S. 11, IMC City Clerk City of Virginia Beach Virgiiiia Marcli 25, 1985 /bh