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HomeMy WebLinkAboutSEPTEMBER 24, 1984 MINUTES Cit@ C),f Nrir-ggi@iei "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR LOtIlS R. JONES. R.y.,id, 8 .... gh VICE-MAYOR 13ARRARA M. HENLEY, P..g. B@,..gh JOIIN A. RA(IM, 131.@k..,@, B@@.gb NANCY A. CREECH. At L.,,@ IIAROLD 14EISC110BER, A, L-IR, H. JACK7 JEN,'4lN6S. JR., Ly@.b.,,- B@@.gb ROREPT G. ]ONES, Al L.,R@ W. ti. KITCIIIN, lit. V,,gi.,. R@.,b REBA S. 41,CLANAN, A..@ B.-gb 1. IIENRY AI,COY, JR., K-p..,Il@ B,,,@.gb 212 CITY HALL BUILDING MIINICIPAL CENTER MEYERA E. OFIERNOORF, Al L.,g@ VIRGINIA BEACH. VIRGINIA 23456 ROTH HODGES SMITII, CMC, Cil, Cl@lk f 804) 427-4 30 3 CITY COUNCIL AGENDA September 24, 1984 Virginia Beach City Council ,Workshop: Alternatives for Tax Exemptions 5 PM ITEM I. NEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 6 PM A. CALL TO ORDER - Mayor Harold Heischober B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 7 PN A. INVOCATION: Reverend J. S. Hangen, Pastor Messiah Lutheran Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF COUNCIL D. CITY MANAGER'S ADMINISTRATIVE AGENDA 1. Review of Consent Agenda E. DISCUSSION OF PERTINENT HATTERS - Mayor/Council F. MIMUTES OF PREVIOUS MEETING 1. Motion to accept/approve the Ilinutes of September 17, 1984. G. PRESENTATIONS/PROCLAMATIONS 1. Resolution of RecogiLition: a. Elaine Janet H--ilton b. Reeves Edward Johnson 2. "Canoe Trails Plan- (Wildlife Outfitters) - Mrs. Lillie Gilbert 3. Spina Bifida Month - October, 1984 H. PLANNING 1. Application of Williaz P. and Eleanor C. Love for a variance to Section 4.4(d) of the Subdivision Ordinance which requires that all lots have direct access to a public street. This undeveloped site is located on the east side of Chesopeian Trail, 210 feet north of Dix's Inlet Road (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 2. Application of Baymark Construction Corporation for a change of zoning from B-2 Community-Business District to R-8 Residential District on a 9.83-acre parcel located along the north and south sides of Eaglewood Drive, west of Oceana Boulevard (Princess Anne Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 3. Applications of Gallagher Associates for changes of zoning along the east side of Holland Road, south of @ndstown Road (Princess Anne Borough). These items were deferred; 4/9/84, 5/14/84, //referred back to Planning Commission 6/4/84. From AG-1 Agricultural District to R-8 Residential District on a 42.319-acre parcel; From AG-2 Agricultural District to R-8 Residential District on a 4.67-acre parcel; From R-8 Residential District to PD-H2 Planned Unit Development District on a 46.989-acre parcel; From AG-1 Agricultural District to P-1 Preservation District on a 37.842-acre parcel. a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial of all these applications. 4 Applications of R. G. Moore Building Corporation for changes of zoning on the west side of Landstown Road, south of Princess Anne Park, Princess Anne Park (Princess Anne Borough). From AC-2 Agricultural District to R-8 Residential District on an 18.6-acre parcel; From AC-1 Agricultural District to R-8 Residential District on a 66.6-acre parcel; From R-8 Residential District to PD-H2 Planned Unit Development District on a 93.5-acre parcel; From AG-1 Agricultural District to R-6 Residential District on a 305.4::acre parcel; From AG-2 Agricultural District to R-6 Residential District on a 69.8-acre parcel; From R-6 Residential District to PD-H2 Planned Unit Development District on a 375.2-acre parcel. a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. 1. RESOLUTIONS/ORDINANCES 1. Industrial Development Revenue Bonds a. Lewis S. and Norma F. Corr Facility - $350,000 b. Lynnhaven Corporate Center II - $1,500,000 c. The Meadows - $9,800,000 d. 3600 Pacific Associates - $1,000,000 e. Ford & Winstead Associates - $300,000 f. David K. Foster, D.D.S., Ltd. - $530,000 g. Salter Associates - $425,000 h. Old Donation Medical Associates - $1,800,000 i. Mladick Medical Associates - $300,000 J. 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 notion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Resolution of Recognition - Elaine J. Hauilton 2. Resolution of Recognition - Reeves E. Johnson 3. Ordinance to Amend and Reordain Sections 2-129, 2-130, 2-131, 2-132, 2-133, 2-134, 2-136, 2-137, 2-138, and 2-139 of the Code of the City of Virginia Beach, Virginia, pertaining to Grievance Procedures for City Employees. 4. Ordinance, on SECOND READING, to appropriate funds of $3,149 to the Police Department for equipment. 5. Ordinance, on SECOND READING, to accept and appropriate $1,500.00 for the "Better Beginnings- Program. 6. Ordinances, on FIRST READING, to appropriate: a. $7,311,135 for the FY 1984-85 School Cafeteria Enterprise Fund Budget b. $5,647,141 for City of Virginia Beach School Programs funded by Special Categorical Grants for School Year 1984-85 c. $2,256,800 for the FY 1984-85 School Textbook Rental Fund Budget 7 . Ordinance to Transfer Capital Project Funds of $304,420 for Site Acquisition at Ferrell Parkway and Indian Lakes Boulevard. 8. Ordinance to Transfer $150,000 of Capital Project Funds to Project #3-826 Energy Conservation Progrim for an Additional Chiller. 9. Ordinance authorizing the City Manager to execute an agreement between the City of Virginia Beach and Bellamy Woods Associates to participate in the design and construction of a clear span bridge across the Salem Canal within Bellamy Woods. 10. Ordinance authorizing the City Manager to ekecute an agreement concerning Urban Preservation and Infill Co @ toents. 11. Low Bid of W. B. Meredith, II, Inc., in the amount of $710,000.00, for the Human Resources Building Renovation (CIP 3-938); AND, authorize the City Hanager to enter into the necessary agreements for the implementation of this project. 12. Proposal of Alex. Brown & Sons, Inc., for the lease/purchase of various equipment totalling $470,759.63 (Data Processing Department - $368,333.00; Department of Public Works - $102,426.63); AND, authorize the City Manager to enter into the necessary agreements for the lease/purchase of this equipment. 13. Raffle Permits: Catholic Daughters of the Americas Ocean Park Women's Club 14. Request of the City Treasurer for tax refunds in the amount of $6,586.55. K. APPOIMTMENTS 1. Arts & Humanities Co@ssion 2. Personnel Board 3. Board of Plumbing Mechanical Appeals L. UNFINISHED BUSINESS M. NEW BUSINESS 1. November 12, 1984 Veterans Day - City Holiday 2. Waiver of Condition #2, requiring 36 foot height in the application of Chimney Hill Land Company for a Conditional Use Peritit for Rousing of the Elderly -- Chimney Hill Parkway/Holland Road (Kempsville Borough) (Approved September 6, 1983) N. ADJOURNMENT 1. Motion to adjourn. REGULAR CITY COUNCIL MEETING OCTOBER 1, 1984 C A N C E L L E D (Virginia Municipal League meets in Richmond 9/30-10/2/84) M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia B R T E F I N G ALTERNATTVES FOR TAX-EXEMPTION September 24, 1984 5:00 p.m. The WORKSHOP concerning various ALTERNATIVES for TAX EXEMPTION was called to order by Mayor Harold Heischober in the Conference Room, City Hall Building, on Monday, September 24, 1984, at 5:00 in the evening. The City Manager distributed information concerning the four (4) alternatives for Tax Exemption and a STATUS REPORT on Properties formerly Tax Exempt. (Same is hereby made a part of the record) Assistant to the City Manager for Inter-governmental Afl@airs, David Grochmal, outlined the various alternatives for considering Tax-Exempt property. In attendance were: CITY COUNCIL John A. Baum Nancy A. Creech Robert E. Fentress Mayor Harold Heischober Barbara M. Henley H. Jack Jennings, Jr. Louis R. Jones Robert G. Jones Vice Mayor Reba S. McClanan J. Henry McCoy, Jr., D.T).S. Meyera E. Oberndorf STAFF Thomas H. Muehlenbeck, City Manager J. Dale Bimson, City Attorney Ruth H. Smith, CMC, City Clerk Giles Dodd, Assistant to the City Manager for Administration Jerald Banagan, Real Estate Assessor David M. Grochmal, Assistant to the City Manager for Inter-governmental Affairs Harold Whitehurst, Director of Parks and Recreation Pamela Lingle, Director of Public Information Michael Barrett, Assistant to the City Manager for Citizen Affairs. Gary Fentress, Assistant City Attorney PRESS Lee Cahill, Virginia Beach Sun Cassandra Barnes (GO GO), Free Lance Cindy Schreuder, The BEACON Georgeann Herbert, WTAR Radio OT@IERS Dr. E. E. Brickell, Superintendent of Schools Hugh Patterson, Attorney September 24, 1984 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 24, 1984 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Harold Heischober in the Conference Room, City Hall Building, on Monday, September 24, 1984, at 6:00 in the evening. Council Members Present: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: Nancy A. Creech *Councilwoman Nancy A. Creech entered the Executive Session at 6:02 p.m. September 24, 1984 - 2 - ITEM # 22545 Mayor Heischober entertained a motion to permit Council to conduct its EXECU- TIVE SESSION pursuant to Section 2.1-344, Code of Virignia, 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 disposition of publicly held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution. 3. PROSPECTIVE BUSINESS OR INDUSTRY: Discussion concerning a pro- spective business or industry where no previous announcement has been made of the business' or industry's interest in lo- cating in the community. 4. 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. Uppon motion by Councilman Baum, seconded by Councilman McCoy, City Council voted to proceed into the EXECUTIVE SESSION, to be followed by the REGULAR SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None September 24, 1984 - 3 - R E G U L A R S E S S I 0 N VIRGINIA BEACH CITY COUNCIL September 24, 1984 7:00 p.m. Mayor Harold Heischober RECONVENED the Regular Session of the Virginia Beach City Council in the Council Chambers, City Hall Building, on Monday, September 24, 1984, at Seven O'Clock in the evening. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: None INVOCATION: Reverend J. S. Hangen Pastor Messiah Lutheran Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA September 24, 1984 - 4 - CITY MANAGER'S ADMINTSTRATTVE AGENDA Item II-D.1 INDEPENDENCE BOULEVARD TRAFFIC ITEM # 22546 The City Manager noted that the Police Department commencing Friday, September 28, 1984, will monitor traffic at some of the Intersections on INDEPENDENCE BOULEVARD to alleviate the traffic congestion. Item II-D.2 INTERNATIONAL CITY MANAGER'S ASSOCIATION ITEM # 22547 The City Manager referenced his attendance in Washington, D.C., on September Twenty-fifth and Twenty-sixth as a Representative of the INTERNATIONAL CITY MANAGER'S ASSOCIATION on the REVENUE SHARING TASK FORCE. A report will be given to City Council upon his return. Item II-D.3 CONSENT AGENDA GRIEVANCE PROCEDURES ITEM # 22548 The City Manager referenced the Ordinance to Amend and Reordain Sections 2-129, 2-130, 2-131, 2-132, 2-133, 2-134, 2-136, 2-137, 2-138, and 2-139 of the Code of the City of Virginia Beach, Virginia, pertaining to GRIEVANCE PROCEDURES FOR CITY EMPLOYEES (See Item II-J.3 of the Consent Agenda). The City Manager requested City Council's DEFERRAL until the October 8, 1984, Meeting. Item II-D.4 CONSENT AGENDA W.B. MEREDITH, II, INC. LOW BID ITEM # 22549 Councilman Robert Jones referenced the Low Bid of W. B. Meredith, II, Inc., in the amount of $710,000.00, for the HUMAN RESOURCES BUILDING RENOVATION (CIP 3-938) (See Item II-J.11 of the Consent Agenda). Councilman Jones further referenced that this same firm had been involved in some rather extensive litigation involving Cox High School. September 24, 1984 - 5 - ANNOUNCEMENTS ITEM # 22550 Mayor Heischober RECOGNIZED the following in attendance: CUB MASTER MIKE SILVESTRI - PACK 65 - MEMBERS OF HIS CTJB SCOUT PACK MUNICIPAL CLERKS FROM THE CITIES OF VIRGINIA AND MARYLAND ATTENDING VIRGINIA MUNICIPAL CLERKS ASSOCIATION INSTITUTE ELAINE JANET HAMILTON, INTERNATIONAL 4-H YOUTH EXCHANGE ACCOMPANIED BY HERB PETTWAY, EXTENSION AGENT 4-H COORDINATOR, DEPARTMENT OF AGRICULTURE. September 24, 1984 6 Item II-F.1 MINUTES ITEM # 22551 Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council APPROVED the Minutes of September 17, 1984. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None September 24, 1984 - 7 - Item II-G.1a. RESOLTJTION ITEM # 22552 Mayor Heischober presented a RESOLUTION IN RECOGNITION to the following: ELAINE J. HAMILTON - INTERNATIONAL FOUR-H YOUTH EXCHANGE Mayor Heischober also recognized Elaine as an HONORARY CITIZEN. September 24, 1984 - 8 - Item II-G.1b. RESOLUTION ITEM # 22553 Mayor Heischober presented a RESOLUTION IN RECOGNITION to: REEVES E. JOHNSON - DIRECTOR OF GENERAL SERVICES September 24, 1984 9 Item Il-G.2 PRESENTATION ITEM # 22554 Councilwoman Oberndorf RECOGNIZED Lillie Gilbert, an avid canoeist. The Southeastern Virginia Planning District Commission's Tjnified Planning Work Program for FY 1984-85 includes a project for the City of Virginia Beach aimed at developing a "CANOE TRAILS PLAN" for the City. Lillie Gilbert distributed to City Council a map depicting the "PROPOSED SCENIC WATERWAYS SYSTEM - CENTRAL ROTJTE" (same is hereby made a part of the record). This is about thirty (30) miles of uninterrupted water, and thus a unique recreational opportunity, a wilderness area within our City limits. Lillie Gilbert further illustrated by a slide presentation this scenic waterway system depicting her canoe trip from the Lesner Bridge almost to North Carolina. September 24, 1984 - 10 - Item 11-G.3 PROCLAMATION ITEM # 22555 Mayor Heischober PROCLAIMED the month of October as SPINA BIFIDA MONTH This Proclamation recognized Spina Bifida as a defect in the spinal column and urged citizens to support the efforts of the Spina Bifida Association in its battle against this crippling disease. Kristen Hart, and her daughter Karen, a victim of this disease accepted the PROCLAMATION. September 24, 1984 - 10a rariamati & an WHEREAS, spina aijida iA the numbea one cAippleA o6 nemkoLn,6; and WHEREAS, Spina gi6ida i,6 a deject in the-6pinat ro@n in K*ich the .6pine Sait-6 to eto-6e pLope4ty duaing p4enatat devetopment; and WHEREAS, spina Bijida occuA.6 mote 6ILequentty than a4 DY-6tAOphy, Muttipte &te4oA'", Potio and Cy.6tic Fi4b4o4" c@mbined; and WHEREAS, eve4y HOUA . . . 24 houA.6 a day . . .,6@eAe in the United @te,6 . . . a chitd with Spina gi6ida i-6 bo4n; and WHEREAS, 30 yea4h ago, 80 pe4cent 06 the chitdken bo4n with Spina Bijida died; but today, thaough agga@ve, mode4n inte4vention, 90 pe4cent @vive to tive iatt tive,6; and WHEREAS, the Spina Bi6ida A,6,SOc,&tiOn 06 Ame4ica i,6 the .6ote oagani- zation dedicated to 4ep4uenting tho-6e with Spina Biiida, the@ jamitie,6 and 6ii4'end,6; and WHEREAS, the qpina Bi6ida A"ociation o6 AmeAica i,6 activety engaged in 6unding )te,6eatch on the medicat and t4eatftnt oi Spina Bi6ida; and WHEREAS, tho,6e bo4n with Spina SiSida and othe4 handicap,6 aAe emtitted to the oppoAtunitie,6 avait@te to othe4 citizen,6 o6 the United StateA- NOW, THEREFORE, 1, Ha)totd HeiwhobeA, Mayot og the City o6 ViAginia Beach, do he4eby pLoctaim the month o6 Or-tobe4 a,6 SPINA SIFIDA MOURH in ViAginia Beach and u4ge citizena to 4uppo4t the e66o4;t6 oi the Spina gi6ida A44ociation in it,6 battle again,6t thi,6 caippting di,6ea,6e. Given unde4 my hand and 6eat thi6 Tk"ty- Fou4th day o6 SeptembeA, Nineteen @ed and Eighty-6ou4- MayO4 September 24, 1984 Item II.G.4 PUBLIC HEARING ADD-ON ITEM 22556 Mayor Heischober ceclared a PUBLIC HEARING for the following: ORDIINIANCE, ON FIRST READING, TO APPROPRIATE $7,311,135 FOR THE FY 1984-85 SCHOOL CAFETERIA ENTERPRISE FUND BUDGET; ORDINANCE, ON FIRST READING, TO APPROPRIATE $5,647,141 FOR THE CITY OF VIRGINIA BEACH SCHOOL PROGRAMS FUNDED BY SPECIAL CATEGORICAL GRANTS FOR SCHOOL YEAR 1984-85; AND, ORDINANCE, ON FIRST READING, TO APPROPRIATE $2,256,800 for THE FY 1984-85 SCHOOL TEXTBOOK RENTAL FUND BUDGET. Mayor Heischober stated that these Ordinances will be addressed in the CONSENT AGENDA. No one registered for this PUBLIC HEARING; therefore, same was closed. September 24, 1984 - lla - VIRGINIA BEACH CITY PUBLIC SCHOOLS S('I[0()1 AI)MINIS IRA ll()N lit)II l)IN(@ - 11 () li()X(,ot8 VIR(-,INIA IIIA('11, VIR(- IN IA 2tl' 'i@ I I IiRi(KIII August 31, 1984 Mr. Giles G. Dodd Assistant to the City Manager for Finance and Research A Municipal Center Virginia Beach, Virginia 23456 Re: Special School Board Budgets Dear Giles: --- Attached are 1984-85 budgets for special state and federal categorical programs and for the Textbook Rental Fund, which were approved by the School Board at its meeting on August 21, 1984. See attachinent #I. The special state and federal categorical prograins are fully funded by the state and federal governiiients and are specifically designed to supple- ment the regular day school prograni. In no case inay these funds be used to supplant or replace local funding, and direct reinibursement will be received after the funds are properly expended. As you recall, the auditors recoill- mended that City Council appropriate these monies even though they are 100 percent reimbursed. The Textbook Rental Fund is an enterprise fund, and, in accordance with the opinion of the Attorney General, should be appropriated by Council. The 1984-85 Food Services Operating Budget (attachment #2) was approved by the School Board at its iiieeting on July 17, 1984. This is an enterprise fund and, in accordance with an opinion of the Attorney General, should be appropriated by Council. None of the above funds were included in the School Operating Budget previously approved by Council. Please place this matter on the Council's agenda at the appropriate time. Sincerely, Fred G. Benham Assistant Superintendent for Financial Services FGB:ch Attachments September 24, 1984 FORM .0. P.S. I - llb @f INTER-OFFICE CORRESPONDENCE DATE: September 18, t984 TO: Thomas H. Muehle 4 eck @EPARTMENT: CitY Manager FROM: G i les G. Dodd L'@a EPARTMENT: Finance SUBJECT: Special Budget Items-Schools Recently, the Virginia Beach School Board approved the following 1984-1985 budget items; 1. State and Federal Categorical Grants $ 5,647,14i 2. School Textbook Rental Fund 2,256,800 3. Schooi Cafeteria Enterprise Fund 7,3[1,135 TOTAL $15 215 076 A budget breakdown of these programs is attached along WiLh a letter of explanation from Dr. Fred Benham. These programs were not included in the FY 84-85 School Operating Budget approved by City Council. It is therefore the request of the School Board that City Council approve the atLached ordinances appropriating these funds. Because these programs are greater than $500,000, City Council is required by section 15.i-162.1 of the Code of Virginia to provide a public hearing. The public hearing has been advertised for today, September 24, 1984. GGD/RND/raLs RATS/15-801 September 24, 1984 Ilc AN ORDINANCE rO APPROPRIA,RE FUNt)s OF $7,311,135 FOR THE FY 1984-85 SCHOOL CAFETERLA ENTEPPRISE FUND BUDGET WHEREAS, the Attorney General of Virginia has opined that School Board expenditures of funds generated by the sale of cafeteria meals require an approprialion of the local governing body, and WHEREAS, the Virginia Beach School Board has a cafeleria meal program whereby meal income is depo$iled 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 submitled a Cafeteria Enter- prise Fund budget for FY 1984-85 in order to comply with the Attorney General's opinion, and WHEREAS, the Cafeteria Enterprise Fund budget approved by the School Board on July 17, 1984 included total revenues of $7.311,135 and total disbursements of $7,311,135 for fiscal year 1984-85. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH thal funds of $7,311,135 be appropriated for a School Cafeteria Enterprise Fund budget in the manner approved by the School Board in its meeting of July 17, 1984. BE IT FURTHER ORDAINED that this appropriation be financed by Estimated Revenues in the Cafeteria Enterprise Fund of $7,311,135. 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 1984. PUBLLC HEARING: FIRST READING: SECOND READING: RATS/15-SCHOOLCAFE September 24, 1984 lld AN ORDINANCE TO APPROPRIATE FUNDS OF $5,647,141 FOR CITY OF VIRGINIA BEACH SCHOOL PROCRAMS FUNDED BY SPECLAL CATEGORICAL GRANTS FOR SCHOOL YEAR 1984-85 WHEREAS, the Virginia Beach School Board has been nolified that it will receive funds of $5,647,14t through special stale and federal categorical granrs for the school year 1984-85, and WHEREAS, these funds were not included in the FY 1984-85 School Operating BudgeL approved by City Council, and WHEREAS, the School Board at its meeting on August 21, 1984 approved this funding and requesla Lhat CiLy Council appropriate these funds, and WHEPEAS, 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, VIRGLNLA Lhat funds of $5,647.141 are hereby appropriated for school purposes for FY 1984-85 under the auspices of the following granls: Grant Source Amount Pay-for-Performance State $ 50,000 Remedial Education StaLe 200,000 Chapter I, P.L.97-35 Federal 3,508,908 Chapter II, P.L. 97-35 Federal 423.947 Title VI-B.P.L. 94-142 Federal 1,429,753 Title VI-C.P.L. 94-142 Federal 22,236 Title VI-C.P.L. 89-313 Federal 6,096 Transition Program for Refugee Children, P.L. 96-212 Federal 6,201 Total SLate and Federal Categorical Grants $ 5,647,141 BE IT FURTHER ORDAINED that this appropriation will be financed by $250,000 estimated revenue from the C@nwealth and $5,397,141 estimated revenae from Lhe Federal Government, and BE IT FURTHER ORDAINED that this appropriation is authorized subject to the expendituret being incurred with no local match. This ordinance shall be effective for Lhe fiscal year beginning July 1, 1984. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 1984. Public Hearing: First Reading: Second Reading: September 24, 1984 - Ild AN ORDINANCE 'rO APPROPRIATE FUNDS OF $2,256,800 FOR THE FY 1984-85 SCHOOL TEXTBOOK RENTAL FUND BUDGET WHEREAS, the Attorney General uf Virginia has opined thal School Board expenditures of funda generated by the renlal of textbooks require an approprialion of the local governing body, and WHEREAS, the Virginia Beach School Board has a teXLbook 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 fund, and WHEREAS, the School Board has submitted a Textbook Rental Fund budget for FY 1984-85 in order to comply with the ALLorney Ceneral'a opinion, and WHEREAS, the Textbook RunLal budg.L approved by the School Board on August il, 1984 included total revenues of $2,256,800 and total disbursements of $2,256,800 for fiscal year 1984-85. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $2,256,800 be appropriated for a School TeXLbook RL-ntat Fund budget in the manner approved by the School Board in its meeting of August 21, 1984. BE IT FURTHER ORDAINED that this appropriation be financed by Estimated Revenues in the Textbook Rental Fund of $2,256,800. 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 1984. PUBLIC HEARING: FIRST READING: SECOND READING: RATS/15-SCHOOLTEXT September 24, 1984 - 12 - Item II-H. I PLANNING ITEM # 22557 William P. Love, the applicant, represented himself and his wife Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council APPROVED a Variance to Section 4.4(d) of the Subdivision Ordinance in the matter of the application of WTLLTAM P. AND ELEANOR C. IX)VE. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for William P. and Eleanor C. Love. Property located on the east side of Chesopeian Trail, North of Dix Inlet Road. Plats with more detailed information are a- vailable in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None September 24, 1984 - 13 - Item II-R.2 PLANNING ITEM # 22558 Attorney Robert B. Cromwell represented the applicant Eugenia K. Hart, resident of 1504 Hummingbird Lane, spoke in favor of the applicant and presented a petition by residents of the area also in favor of this application (said petition is hereby made a part of the record). Lieutenant Commander Petrie of NAS Oceana spoke in opposition Reference was made to a letter dated August 7, 1984, from Captain B. K. McDanel of the Oceana Naval Air Station concerning the application of Baymark Con- struction Corporation. These parcels lie in the Naval Air Sation Oceana Air Installations Compatible Use Zone. Upon motion by Vice Mayor McClanan, seconded by Councilwoman Henley, City Council DENIED an Ordinance upon application of BAYMARK CONSTRUCTION COR- PORATION for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF BAYMARK CONSTRUCTION CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO R-8 Ordinance upon application of Baymark Construction Corporation for a Change of Zoning District Classi- fication from B-2 Community-Business District to R-8 Residential District on parcels north and south of Eaglewood Drive. Parcel 1: Located on the north side of Eaglewood Drive beginning at a point 139.99 feet west of Oceana Boulevard, running a distance of 599 feet more or less along the north side of Eaglewood Drive, running a distance of 169.74 feet along the western property line, running a distance of 60 feet more less in a northeasterly direction, running a distance of 590 feet more or less along the northern property line and running a distance of 120 feet along the eastern property line. Parcel 2: Located on the south side of Eaglewood Drive beginning at a point 190 feet more or less west of Oceana Boulevard, running a distance of 945 feet more or less along the south side of Eaglewood Drive, running a distance of 50 feet in a southeasterly direction, running a distance of 50 feet in a southwesterly direction, running a distance of 50 feet in a northwesterly direction, running a distance of 110 feet more or less in a southwesterly direction, run- ning a distance of 13.20 feet in a southeasterly direction, running a distance of 115 feet in an easterly direction, running a distance of 230 feet more or less in a southeasterly direction, running a distance of 631 feet along the southern property line and running a distance of 300 feet along the Eastern property line. Said parcels contain 9.83 acres. PRINCESS ANNE BOROUGH September 24, 1984 - 14 - Item 11-H.2 PLANNING ITEM # 22558 (Continued) Voting: 8-3 Council Members Voting Aye: John A. Baum, Robert E. Fentressf Mayor Harold Heischober, Barbara M. Henley, R. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: Nancy A. Creech, Robert G. Jones, and J. Henry McCoy, Jr., D.D.S. Council Members Absent: None *Verbal Aye September 24, 1984 - 15 - Item II-H.3 PLANNING ITEM # 22559 Attorney Grover Wright represented the applicant Paul Wilson, owner of the property in question, spoke in favor of the application Dennis Gerwitz, Engineer with John Sirine & Associates, spoke in favor of the application. Vice Mayor McClanan inquired of Attorney Grover Wright whether GALLAGHER ASSOCIATES would accept the recommendation of the Planning Department for a density reduction to 249 units in their application. Attorney Wright responded that the applicant would be unable to do so. Vice Mayor McClanan stated, for the record, she would make a Motion for DENIAL of the Application, based on the evaluation given by the Planning Commission: "Based on the new Army Corps of Engineers floodplain maps, adopted by City Council for use in development review, 22.46 acres of the site are floodway and should be ineligible for density consideration. Subsequently, only the acreage located outside the floodway, 62.37 acres should be considered for density credit. Given the density of 4 units per acre as recommended by the Comprehensive Plan, a total of 249 units are appropriate for this site." Upon motion by Vice Mayor McClanan, seconded by Councilman McCoy, City Council DENIED Ordinances upon application of GALLAGHER ASSOCIATES for Changes of Zoning per the following: ORDINANCE IJPON APPLICATION OF GALLAGHER ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AC-1 TO R-8 Ordinance upoon application of Gallagher Associates for a Change of Zonine, Distritt ClassificAtion from AG-1 Agri- cultrual District to R-8 Re 1-d..tial District on cer- tain property located 800 feet more or less east of Holland Road beginning at a point 3400 feet more or less south of Landstown Road, running a distance of 1153.14 feet in a northeasterly direction, running a distance of 1062-54 feet in a southeasterly direction, running a distance of 990-99 feet in a southerly direction, running a distance of 976-95 feet in a westerly direction, running a distance of 117.36 feet in a southwesterly direction, running a distance of 444.73 feet in a northwesterly direction, running a distance of 503.14 feet in a southwesterly direction, running a distance of 503.14 feet in a northwesterly direction, running a distance of 133.62 feet in a southwesterly direction and running a dis- tance of 149.26 feet in a northwesterly direction. Said parcel contains 42.319 acres. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF GALLAGHER ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO R-8 Ordinance upon Application of Gallagher Associates for a Change of Zoning District Classification from AC-2 Agricultural District to R-8 Residential District on certain property located on the east side of Holland Road beginning at a point 3400 feet more or less south of Landstown Road, running a distance of 361.54 feet along the east side of Holland Road, running a dis- tance of 651.53 feet in a northeasterly direction, running a distance of 448.51 feet in a northwesterly direction and running a distance of 452.91 feet in a southwesterly direction. Said parcel contains 4.67 acres. PRINCESS ANNE BOROUGF. - 16 - Item 11-H.3 PLANNING ITEM # 22559 (Continued) A N D, ORDINANCE UPON APPLICATION OF GALLAGHER ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 TO PD-H2 Ordinance upon Application of Gallagher Associates for a Change of Zoning District Classification from R-8 Residential District to PD-H2 Planned Unit Development District on parcels located on the east side of Holland Road. Parcel 1: Located on the east side of Holland Road be- ginning at a point 3400 feet more or less south of Land- stown Road, running a distance of 361.54 feet along the east side of Holland Road, running a distance of 651.53 feet in a northeasterly direction, running a distance of 448.51 feet in a northwesterly direction and running a distance of 452.91 feet in a southwesterly direction. Parcel 2: Located 800 feet more or less east of Holland Road beginning at a point 3400 feet more or less south of Landstown Road, running a distance of 1153.14 feet in a northeasterly direction, running a distance of 1062.54 feet in a southeasterly direction, running a distance of 990.99 feet in a southerly direction, running a distance of 976.95 feet in a westerly direction. running a distance of 117.36 feet in a southwesterly direction, running a dis- tance of 444.73 feet in a northwesterly direction, running a distance of 240 feet in a southwesterly direction, running a distance of 503,14 feet in a northwesterly direction, running a distance of 133.62 feet in a southwesterly di- rection and running a distance of 149.26 feet in a north- westerly direction. Said parcels contain 46.989 acres. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF GALLAGHER ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AC-1 TO P-1 Ordinance upon Application of Gallagher Associates for a Change of Zoning District Classification from AC-1 Agri- cultural District to P-1 Preservation District on cer- tain property located 2500 feet more or less east of Holland Road beginning at a point 2000 feet more or less south of Landstown Road, running a distance of 728.51 feet in a northeasterly direction, running a distance of 2508.70 feet in a southeasterly direction, running a distance of 987.64 feet in a westerl.y direction, running a distance of 990,99 feet in a northerly direction and running a distance of 1062.54 feet in a nortbwesterly direction. Said parcel contains 37.842 acres. PRINCESS ANNE BOROUGH. September 24, 1984 - 17 - Item II-H.3 PLANNING ITEM # 22559 (Continued) Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None September 24, 1984 - 18 - Item II-H.4 PLANNING TTEM # 22560 Attorney Grover Wright represented the applicant and stated that the applicant, R. G. MOORE BUTLDING CORP., wished his Changes of Zoning DENIED as same would conflict with the Comprehensive Plan. (Letter from Attorney Grover C. Wright dated August 20, 1984, had previously requested the Applications of R. G. Moore Building Corp. be WITHDRAWN. Same is hereby made a part of the record.) The following were in opposition to the WITHDRAWAL, but chose not to speak as Attorney Wright had requested DENIAL@ Paul Redgate, resident of Shelborne Court Sheridan Barber, President of Red Mill Farms Civic Association Rae H. LeSesne, Treasurer - Council of Civic Organizations Upon motion by Vice Mayor McClanan, seconded by Councilwoman Creech, City Council DENIED Ordinances upon Application of R. G. MOORE BUTLDING CORPORATION for Changes of Zoning per the following: ORDINANCE UPON APPLICATION OF R. G. MOORE CORP. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO R-8 Ordinance upon application of R. G. Moore Building Corp. for a Change of Zoning District Classification from AG-2 Agricultural District to R-8 Residential District on certain property located on the west side of North Landstown Road beginning at a point 1100 feet more or less southwest of Princess Anne Road, running a distance of 1330 feet along the west side of North Landstown Road, running a distance of 600 feet along the southern property line, running a distance of 1330 feet along the western property line and running a distance of 600 feet along the northern property line. Said parcel contains 18.6 acres. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATTON OF R. G. MOORE BUILDING CORP. FOR A CHANGE OF ZONING DISTRICT CLASSIFTCATION FROM AG-1 TO R-8 Ordinance upon application of R. C. Moore Building Corp., for a Change of Zoning District Classification from AG-1 Agricultural District to R-8 Residential District on certain property located 600 feet west of North Landstown Road beginning at a point 1100 feet more or less southwest of Princess Anne Road, running a distance of 1330 feet a- long the eastern property line, running a distance of 3210 feet along the southern property line, running a distance of 569.38 feet in a northeasterly direction, running a distance of 344 feet in a southeasterly direction, running a distance of 383.62 feet in a northwesterly direction, running a distance of 870 feet in a northeasterly di- rection and running a distance of 1860 feet along the northern property line. Said parcel contains 66.6 acres. PRINCESS ANNE BOROUGH A N D, September 24, 1984 - 19 - Item II-H.4 PLANNING ITEM # 22560 (Continued) ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORP. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 TO PD-H2 Ordinance upon application of R. G. Moore Building Corp., for a Change of Zoning District Classification from R-8 Residential District to PD-H2 Planned Unit Development District on certain property located on the west side of North Landstown Road beginning at a point 1100 feet more or less southwest of Princess Anne Road, running a distance of 1330 feet along the west side of North Landstown Road, running a distance of 3820 feet along the southern property line, running a distance of 569.38 feet in a northeasterly direction, running a distance of 344 feet in a southeasterly di- rection, running a distance of 383.62 feet in a north- westerly direction, running a distance of 1648.28 feet in a northeasterly direction and running a distance of 1792.59 feet along the northern property line. Said parcel contains 93.5 acres. PRINCESS ANNE BOROUGH. A N D, ORDINANCE FJPON APPLICATION OF R. G. MOORE BUILDING CORP. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 TO R-6 Ordinance upon application of R. G. Moore Building Corp., for a Change of Zoning District Classification from AG-1 Agricultural District to R-6 Residential District on cer- tain property located 600 feet west of North Landstown Road beginning at a point 2430 feet more or less southwest of Princess Anne Road, running a distance of 3207.48 feet a- long the west side of North Landstown Road, running a dis- tance of 1800 feet more or less in a southwesterly direction, running a distance of 1113 feet in a westerly direction, running a distance of 167.50 feet in a southwesterly di- rection, running adistance of 691.80 feet in a northwesterly direction, running a distance of 656 feet in a southwesterly direction, running a distance of 822.95 feet in a northerly direction, running a distance of 1088 feet in a northwesterly direction, running a distance of 607 feet in a northeasterly direction, running a distance of 559.71 feet in a northwesterly direction, running a distance of 388.92 feet in a northeasterly direction, running a distance of 789.72 feet in a southeasterly direction, running a distance of 1518.47 feet in a northeasterly direction and running a distance of 3220 feet along the northern property line. Said parcel contains 305.4 acres. PRINCESS ANNE BOROUGH A N D, September 24, 1984 - 20 - Item II-H.4 PLANNING ITEM # 22560 (Continued) ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORP. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO R-6 Ordinance upon application of R. G. Moore Building Corp., for a C District Classification from AG-2 Agricuftural District to R-6 Residential District n cer- tain property located on the west side of N,rth Landst,,M Road beginning at a point 2430 feet more or less southwest of Princess Anne Road, running a distance of 3807.48 feet along the west side of North Landstown Road, running a distance of 542.50 feet in a westerly direction, running a distance of 1151 feet in a southwesterly direction, run- ning A distance of 425.63 feet in a northwesterly direction, running a distance of 200 feet more or less in a southwesterly direction, running a distance of 1800 feet more or less in a northeasterly direction, running a distance of 3207.48 feet in a northerly direction and running a distance of 600 feet in an easterly direction. Said parcel contains 69.8 acres, PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORP. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 TO PD-H2 Ordinance upon application of R. G. Moore Building Corp., for a Change of Zoning District classification from R-6 Rside t@i 1 District 0 PD-H2 Planned Unit Development District on certain property located on the west side of North Landstown Road beginning at a point 2430 feet more or less southwest of Princess Anne Road, running a dis- tance of 3807.48 feet along the west side of North Land- stown Road, running a distance of 542.50 feet in a westerly direction, running a distance of 1151 feet in a southwesterly direction, running a distance of 425.63 feet in a northwesterly direction, running a distance of 1113 feet in a westerly direction, running a distance of 167.50 feet in a south- westerly direction, running a distance of 691.80 feet in a northwesterly direction, running a distance of 656 feet in a southwesterly direction, running a distance of 822.95 feet in a northerly direction, running a distance of 1088 feet in a northwesterly direction, running a distance of 607 feet in a northeasterly direction, running a distance of 559.71 feet in a northwesterly direction, running a dis- tance of 388.92 feet in a northeasterly direction, running a distance of 789.72 feet in a southeasterly direction, running a distance of 1518-47 feet in a northeasterly direction and running a distance of 3820 feet along the northern property line. Said parcel contains 375.2 acres. PRTNCESS ANNE BOROUGH. September 24, 1984 - 21 - Item II-H.4 PLANNING ITEM # 22560 (Continued) Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent; None September 24, 1984 - 22 - Item II-I.la-i. RESOLUTIONS ITEM # 22561 Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED Resolutions approving the issuance of INDUSTRIAL DEVELOPMENT REVENUE BONDS to the following: LEWIS S. AND NORMA F. CORR FACILITY ($ 350,000) LYNNHAVEN CORPORATE CENTER II ($1,500,000) THE MEADOWS ($9,800,000) 3600 PACIFIC ASSOCIATES* ($1,000,000) FORD & WINSTEAD ASSOCIATES ($ 300,000) DAVID K. FOSTER, D.D.S.,LTD. ($ 530,000) SALTER ASSOCIATES ($ 425,000) OLD DONATION MEDICAL ASSOCIATES ($1,800,000) MLADICK MEDICAL ASSOCIATES ($ 300,000) (Letter from City Attorney J. Dale Bimson, dated September 20, 1984, con- cerning some of the above Industrial Development Revenue Bonds is hereby made a part of the proceedings.) Voting: 9-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: H. Jack Jennings, Jr. Council Members Absent: J. Henry McCoy, Jr., D.D.S. *Councilman Robert G. Jones ABSTAINED on the Vote for the issuance of INDUSTRIAL DEVELOPMENT REVENUE BONDS to 3600 PACIFIC ASSOCIATES; therefore, the vote on this particular one was 8-1. September 24, 1984 Cit@@f N7ijr"i@i@ @@ek@la J. DALE BIMSON MUNICIPAL CENTER CITY ATTORNEY VIRGINIA BEACH, VTRGINIA 23456-SGO2 (804) 427-4531 September 20, 1984 The Honorable Harold Heischober, Mayor and Members of Council Municipal Center Virginia Beach, Virginia 23456 Dear Mr. Mayor & Members of Council: Re: Industrial Development Revenue Bonds In evaluating the Industrial Development bond projects on the agenda for September 24, 1984, please note that the following projects have been previously approved by City Council but require additional approval because of the indicated changes. These projects do not require an allocation. 1. Lewis S. and Norma F. Corr - Relocation from Seahawk Circle to Crusader Circle in Oceana West Industrial Park; 2. Lynnhaven Corporate Center Associates II - Assign- ment of inducement resolution from American Systems Engineering Corporation to a partnership composed of principals of the Corporation and Lynnhaven Corporate Center; 3. 3600 Pacific Associates - Clarifying that the developer is a Virginia Limited Partnership instead of a General Partnership; and 4. The Meadows project was approved by the Development Authority on December 2, 1980, but has not yet been approved by City Council. The project does not require an allocation. The Ford and Winstead Associates project was approved by the Development Authority on September 18, 1984, and has received an allocation of the City's bond limit by the Authority. The following projects were approved by the Development Authority on September 18, 1984, but did not receive a share of the City's bond allocation. Therefore, the Aut ority W, have to apply to the State Reserve for an allocation to issue bonds for these projects. 1. David K. Foster, D.D.S.; 2. Salter Associates II; 3. Old Donation Medical Associates; and 4. Mladick Medical Associates If you have any questions concerning the above, please give me a call. Bimson orney SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. Project Name: LEWIS S. AND NORr4A F. CORR FACILITY 2. Project Location: APPROXIMATELY 2.25 ACRES OF LAND LOCATED IN AREA NUMBER 3, OCEANA WEST INDUSTRIAL PARK ON THE SOUTH SIDE OF CRUSADER CIRCLE AT THE INTERSECTION OF CRUSADER CIRCLE AND CORSAIR STREET, VIRGINIA BEACH, VIRGINIA 3. Description of Project: A ONE STORY 6,000 SQUARE FOOT INDUSTRIAL WAREHOUSE, STORAGE AND DISTRIBUTION FACILITY 4. Amount of Bonds $350,000.00 5. Principals: LEWIS S. CORR AND NORMA F. CORR 6. Zoning Classification: (a) Present zoning classification of the property? 1-2 (b) Is rezoning proposed? Yes No x (c) If so, what zoning classification? N/A DNR/8.6.5.C 110 NI) VINAN('IN(" I,, 1.9@14 oi-' \ilit(;INIA l@11,A(@ll, Vlll("IlqiA i\Nl) lqolZl@,I/\ i.e. Le'l.', WAitl@.IIOLJI)Ill,, Al@1) iix 111) I t! v ill II(! o 1, Ill 1,41 (!i I i LY'H @ilio , ooo oo I-(!Ill 1)1'01)01,ty to [.)(I iiitiiiic!il);iliLy I)t-ol)ol-[Y (ijx yi@ill' lininfr 2,1301).OO 11,@;liiiiilt(l(l I)t!l',Holtill ])I'ol)(!I'tY.'Iltx Yt)lll- 1,001).Oo :i , !it)i) . 00 211,000.00 -til(i @-ot,vicefq I)iitt will be locally 7. Ekil:iiiiatecl iiiiiiillc,,v C)r --Iiiployeos Oil 6 yo@ir i,ounci biisiti Aviii,iir,,-(i 4iiiiiiiiii ','Ilillt'Y 1)(,1' (11111)1()Y(@(i 12,000.00 illf'ol'illill.ioll colIL;Iiil(@(i iti is Solt@ly oil 1,410t@,i ititcl (-,L;tilliates 1.)1-ovicloci L)y tlie Ai)plicaiit, anci Llio Atitliority has @vit)i tllel,'Llto. (@@iLy ol' Vii't.'Illiil tl(!IIOII 1)(@@vc@lol,)iiiciiit Atitlioi,ity 13y @RITANI #FOLK SOUTHE, CE NA IR S ct cati 6 3 )NTINUEI PROJECT NAME: LEWIS S. CORR AND NORMA F. CORR PROJECT ADDRESS: Crusader Circle, Oceana West Industrial Park, virginia Beach, virginia TYPE OF PRODUCT: Industrial warehousing, storage and distribution center RESOLTJTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS LEWIS S. AND NORMA F. CORR WHEREAS, on May 8, 1984 the City of Virginia Beach Development Authority (the "Authority") considered the appllcation and plan of financlng of Lewis S. and Norma F. Corr (the "Purchaser") for the issuance of the Authority's Industrial development revenue bonds In an amount estimated at Three Hundred Fifty Thousand Dollars ($350,000.00) (the "Bonds") to asslst In the flnancing of the Purchaser's acquisition, construction and equipping of a 6,000 square foot industrial warehouse, storage and distribution facility (the "Factlity") to be located on Seahawk Circle In Area 2, Oceana West Industrial Park, Virginia Beach, Virginia; and WHEREAS, the Authority requested the City Council (the "Council") of Virginia Beach, Vlrginia (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, the Council did so consider and approve the issuance of the Bonds on May 21, 1984; and WHEREAS, the Authority has considered the request of the Purchaser to approve the application of the May 8, 1984 Resolution of Intent to another parcel in Area 3, Oceana West Industrial Park and after proper notice in a newspaper of general circulation has held a public hearing thereon on September 11, 1984 pursuant to Sections 15.1-1378.1 of the Code of Virginia; and WHEREAS, the Authority has requested the Council to approve the Authority's Resolution dated September 11, 1984 so as to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to Section 15.1-1378.1 of the Code of Virginia, 1950, as amended, a copy of the Authority's September 11, 1984 Resolution and a reasonably detailed summary of the comments expregsed at the public hearing, if any, as well as the Fiscal Impact Statement, were filed wlth the Council of the Clty of Virginia Beach, Vlrginia. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: -1- 1. The Council of the City of Virginia Beach, Virginia, resta- tes Its approval of the issuance of the Bonds by the City of Virgwa Beach Development Authority for the benefit of Lewis S. and Norma F. Corr 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 Council of the City of Virginia Beach, Virginia, appro- ves the application of the May 8, 1984 Resolution of Intent to a parcel of land designated as 2.25 acres in Area 3, Oceana West Industrial Park on the southside of Crusader Circle at the intersection of Crusader Circle and Corsair Street as requlred by Section 103(k) of the Internal Revenue Code. 3. The approval of the Issuance of the Bonds and the September 11, 1984 Resolution of the Authority, as reqtdred by Section 103(k), does not constltute an endorsement of the Bonds or the creditworthiness of the Purchaser; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs Incident thereto except from the reve- nues and monies pledged therefore, and neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 4. In approving the September 11, 1984 Resolution, the City of Virgirda Beach, including its elected representatives, officers , employees, and agents, shall not be liable and hereby disclalms all liability for any damages to any person, dlrect or consequential, resulting from (1) the Authority's failure to issue bonds for the Facility for any reason, including but not limited to any discusslon of the Authority in Its sole dit3cretion 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 Authorityl,3 failure for any reason after the issuance of Bonds for the Facility to allocate a portion of its allowable Industrial development bond volume -2- 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 24, 1984. DNR/8.6.4.C -3- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Lynnhaven Corporate Center II 2. LOCATION: East of Lynnhaven Parkway approximately 250 feet north of the intersection of Lynnhaven Parkway and International Parkway 3. DESCRIPTION OF PROJECT: 43,326 sq. ft. office building 4. AMOUNT OF BOND ISSUE: $1,500,000 5. PRINCIPALS: Carl M. Albero, John E. Greenhalgh and Lynnhaven Corporate Center Investors II, a Virginia limited partnership whose general partner is Goodman Segar Hogan, Inc. 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property: B-1 b. Is rezoning proposed? No C. If so, to what zoning classification? No FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTIIIAL REVENUE BOND FINANCING DATE: August 13, 1984 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Lynnhaven Corporate Center II TYPE OF FACILITY: 43,326 sq. ft. office building 1. Maximum amount of financing sought $1,500,000 2. Estimated taxable value of the facility's real property to be constructed in tlie inutiicipality $2,479,500 3. Estimated real property tax per year using present tax rates $ 22,400 4. Estiniated personal property tax per year using present tax rates $ 20,000 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 1,500 6. Estimated dollar value per year of goods and services that will be purchased locally $ 200,000 7. Estimated number of regular employees on year round basis 200 8. Average annual salary per ewployee $ 25,000 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By WLj I t Chairiv 0-@ 8,@ NNII I N BOKI)( BOIZO JPARK PROJECT NAME: LYNNHAVEN CORPORATE CENTER II PROJECT ADDRESS: East of Lynnhaven Parkway approximately 250 feet north of the intersection of Lynn- haven Parkway and International Parkway TYPE OF PROJECT: 43,326 sq. ft. office building I RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR LYNNHAVEN CORPORATE CENTER ASSOCIATES II, A VIRGINIA GENERAL PARTNERSHIP WHEREAS, the City of Virginia Beach Development Authority (the Authority), has considered the application of Lynnhaven Corporate Center Associates II, a Virginia general partnership (the Company) whose address is World Trade Center, Norfolk, Virginia, 23510, for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $1,500,000 (the Bonds) to assist in financing of the Company's acquisition of approximately three (3) acres of land located on the east side of Lynnhaven Parkway approximately 250 feet north of the intersection of Lynnhaven Parkway and International Parkway in the City of Virginia Beach, Virginia, and the construction thereon and equipping of a 43,326 sq. ft. office building (the Facility) to be owned initially by the Company and one-half of which will be leased to American Systems Engineering Corporation as its headquarters for general and administrative personnel and has held a public hearing thereon on September 11, 1984; and WHEREAS, the Authority has requested the City Council (the Council) of Virginia Beach, Virginia (the City), to approve the issuance of the Bonds to comply with (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 statement required by Section 15.1-1378.1 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 Company, to the extent of and as required by Section 103(k) of the Internal Revenue Code and Section 15.1-1378.1 of the Virginia Code, to permit the Authority to assist in the financing of the Facility. 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. 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 24 1984. 2 EXHIBrr E SUMMARY SHEET Cff Y OF VIRGINIA BEACH DEVELOPMENT AUTHORrrY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: The Meadows 2. LOCATION: South Independence Blvd. Virginia Beach, Virginia 3. DESCRIPTION OF PROJECT: Office complex consisting of four buildings containing approximately 216,000 square feet 4. AMOUNT OF BOND ISSUE: $9,800,000.00 5. PRINCIPALS: C. H. Byler Stanley Holzsweig Stanley Winner 6. ZONING CLASSIFICATION: a. Present zoning classification of the property B-2 b. Is rezoning proposed? No EXHIBrr C FISCAL IMPAC'I'S,rATE-Mic-NT FOR PROPOSE]) INDUSTRIAL ITEVL?NUE BOND FINANCING DATE: August 13, 1984 ,ro: The City Council of Virginia Beach, Virginia PROJECT NAME: The Meadows ,rYPE OF FACILITY Office complex consisting of four buildings containing 216,000 square feet 1. Maxi in um amount of financing sought $9,800,000.00 2. Estimated taxable value of the facility's real property to be constructed in the municipality $78,400.00 3. Estimated real property tax per year usiiig pi-eserit tax rates $20,000.00 4. Estijnated personal property $20,000.00 5. Estiiiiated inercliants' capital (busiiiess license) tax per year using present tax rates Not determinable at this time. WiR be based on the individual leased offices. 6. Estiniated dollar value per year of goods and services tliat will be purchased locally $125,000.00 7. Estimated number of regular employees on year round basis 8 full-time, 8 part-time with 250-450 employees for the tenants 8. Average annual salary per employee $14,250.00 The information contained in this Statement is based soley 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 c"@ HFRtAIIAGE POI@ V@IICH DU(A D NS w N ORRE S/ 9 .OL 4NNE-,:FAR.N BVILLL 4RDENS @@,t-A R Y,- za46Z ,f A H.P,,Spup, PROJECT LOCAT.1 l@ PROJECT NAME: THE MEADOWS PROJECT ADDRESS: SOUTH INDEPENDENC BLVD. VIRGINIA BEACH, VA TYPE OF PROJECT: OFFICE COMPLEX CONSISTING OF I FOUR BUILDINGS 6@ 1 I RESOLUTION APPROVING THE PLAN OF FINANCING OF REVENUE BONDS FOR THE MEADOWS, A VIRGINIA GENERAL PARTNERSHIP WHEREAS, the City of Virginia Beach Development Authority (the Authority) has considered the application and plan of financing of The Meadows, a Virginia general partnership, (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount $9,800,000.00 (the Bonds) to assist in the financing of the Company's acquisition, construction, and equipping of an office complex consisting of four buildings facility (the Facility) to be located at South Independence Blvd. in the City of Virginia Beach, Virginia, and has held a public hearing thereon on September 11, 1984; and WHEREAS, the Authority has requested the City Council (the Council) of Virginia Beach, Virginia, (the City), to approve the plan of financing 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; THEREFORE, BE rr RESOLVED BY THE CrrY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the by the City of Virginia Beach Development Authority for the benefit of The Meadows, a Virginia general 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 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 shaR provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and monies pledged therefore, and neither the faith nor credit nor the taxing power of the Commonwealth, the City, or the Authority shar be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shan not be liable and hereby disclaims all liability for any damages to any person, direct or consequential, resulting from (1) the A uthority's f ailure to issue bonds f or the Project f or any reason, including but not limited to any decision by the Authority in its sole discretion to allocate its aUowable 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 Comcil of the City of Virginia Beach, Virginia, on September 24 1984. SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: 3600 Pacific Associates Project 2. LOCATION: Northwest Corner of inter- section of 36th Street and Pacific Avenue Virginia Beach, VA 23451 3. DESCRIPTION OF PROJECT: Commercial office building 4. AMOUNT OF BOND ISSUE: $1,000,000.00 5. PRINCIPALS: B. Bruce Taylor D. B. Holt W. P. St. Lawrence 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property 0-1 Office District b. Is rezoning proposed? Yes- No- X C. If so, to what zoning classification? mh.g ss.pa.c On December 19, 1983, City Council approved the issuance of the bonds for the benefit of 3600 Pacific Associates. This Resolution ratifies and confirms the December 19, 1983, resolution which incorrectly described the purchaser as a Virginia limited partner- ship rather than a Virginia general partnership. FISCAL, IM13AC,r s,rAT@,MENT I!'OIZ I?ROPOSEI) LNOUS'rt@IAII ai@VFNUE 130lqD L@INANCING 1) A'], I;: Iftilill cilry coulqclll 01;' VIRGINIA BFACH, VIRGINIA IqAMI-:: .3(;OO I.'Lici.('ic As.,@oci@ILL,@ 1.@aci.Lity 'rY]@P 01' l@ACI.LL'i:Y: I?rofes.,3ional OfEice 13uilding 1. Maxiinum ainount of financing souglit si,ooo,ouo.oo 2. Estiinated taxable value of the facility's real prol)erty to be constructed in the inunicipality $920,OUO.00 3. l@'sLi.iiiittid real L)rol?Lrty tax p(-I: YOL'u u@;illJ L)I:O-'icllt Lax rzlLu.,3 $7,400.UU 14. Estitnated persolial property tax 1)(@r year using proselit tax r@itos U.00 5. Estiinated mercliants' capital tax (e.g. business licenses, etc.) L)CI.- YCLII: Li.1/2j.ll(j Llx 1:@iLo.,3 $@1,6UU.UL) 6. Estimated dollar value per year of goods and services (including L3rofessional services) that be purchased locally $100,000.00 7. Estiinated number of additional regular employees on year round basis 20 8. Average annual salary per eidployee $20,000.00 NO'@rl7: Furiiishiiigs/eqLlipiiierit ilol iilcluded iii L)rojLct. The information contained in this statement is based solely oii facts and estiinates provided L-, tile Applicalit arid tllo Authority 1-ias inad(-, jio ilidependetit invl-stigation witli respect thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY OF VIR(;INIA BEACH, VIRGINIA By ww d, )- Autliority ghyirman mh.1 fis.pac.c Fko-s@T OC-A-noAl PHI PROJEC-- NP11E: 3600 Pacific Associates PRO,7EC-- ADDRESS: T4orthwest corn4r of intersection of 36th Street and Pacific Avenu Virginia Beach Virginia 23451 -@YPE OF PROJECT: Office Buildini SCALE 1"= 2640 (.5 MILE) A meeting of the Council of the City of Virginia Beach, virginia, at which a quorum was present, was held in the Council Chambers, in the Administration Building, on the 24 day of September -, 1984. Present: Vote: John A. Baum Aye Nancy A. Creech Aye Robert E. Fentress Aye Mayor Harold Heischober Aye Barbara M. Henley Aye H. Jack Jennings, Jr. Nay Louis R. Jones Aye Robert G. Jones Abstain Vice Mayor Reba S. McClanan Aye Meyera E. Oberndorf Aye Absent: J. Henry McCoy, Jr., D.D.S. On motion by Councilman Louis Jones seconded by Councilman Fentress and voted upon as herein set forth, the following resolution was adopted. RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND FOR 3600 PACIFIC ASSOCIATES WHEREAS, on December 13, 1983 the City of Virginia Beach Development Authority of Virginia Beach, whose address is 401 Lynnhaven Parkway, Virginia Beach, Virginia (the "Authority') considered and held a public hearing on the application of 3600 Pacific Associates, a virginia general partnership, whose address is 3330 Pacific Avenue, Virginia Beach, Virginia 23451 (the 'Purchaser') for the issuance of the Authority's industrial development revenue bond in an amount not to exceed $1,000,000.00 to assist in the financing of the Purchaser's acquisition, construction, and equipping of a 10,150 square foot, two story, commercial office building facility (the 'Facility') to be located on a 18,750 square foot parcel of land situated on the northwest corner of the intersection of 36th Street and Pacific Avenue in the City of Virginia Beach, Virginia; and WHEREAS, the Purchaser is a Virginia general part- nership, rather than a Virginia limited partnership as stated in the Resolution of Intent duly adopted by the Authority on the above said date; and WHEREAS, after proper notice of public hearing as required by law, the Authority has considered the application of the Purchaser for the amendment of the Resolution of Intent adopted by the Authority on December 13, 1983 to correctly iden- tify the Purchaser as a Virginia general partnership, to assist in the financing of the acquisition, construction and equipping of the Facility to be located on a 18,750 square foot parcel of land on the northwest corner of the intersection of 36th Street and Pacific Avenue, in the City of Virginia Beach, Virginia, and to be owned and operated by the Purchaser, and has held a public hearing thereon on September 11-; and WHEREAS, the Authority has requested the City Council (the 'Council') of Virginia Beach, Virginia (the "City") to approve the issuance of the Authority's industrial development revenue bond in an amount not to exceed One Million Dollars ($1,000,000.00) (the 'Bond') to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to Section 15.1-1378.1, Code of Virginia, 1950, as amended, a copy of the Authority's resolution approving the 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 3600 Pacific Asso- ciates, a Virginia general partnership, 3330 Pacific Avenue, Virginia Beach, Virginia 23451, 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 Bond, as required by Section 103(k), does not constitute an endorsement of the Bond or the creditworthiness of the Company, but, pursuant to - 2 - Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. 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 24 , 1984. mbh.f r.pa.c 3 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Ford & Winstead Associates 2 LOCATION: 3757 Bonney Road Virginia Beach, Virciinia 3. DESCRIPTION OF PROJECT: sales and service center for lawn and garden and construction equipinent. 4. AMOUNT OF BOND ISSUE: $300,000.00 5. PRINCIPALS: Woodrow W. Ford, Jr. Charles L. Winstead 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property b. Is rezoning proposed? Yes No x C. If so, to what zoning classification? N/A FISCAL L@IPACT STATEMENT OF CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY I)ate: July 6. 1984- Ttie undersigned Chairman states, in compliance with Section 15.1-1378.2, Code of Virginia of 1950: Naine of Applicant: Ford & Winstead Associates FacilitY: Lawn and garden and construction equipnient retail and commercial sales center at 3757 Bonney Road, Virginia Beach, Virginia 1. @laximum amount of financing sought $ 300,000.00 2. Estirnated taxable value of the facility's real I)roperty to be coristructed iii tile City of Virginia Beach $ 148,000.00 3. Estiniated real property tax per year tisiiig proserit tax rates $ 2,400,00 4. Estitnated personal property tax p6r year using present tax rates $ 600.00 5. Estimated business license (in lieu of merchants' capital) tax per year using present tax rates $ 2,120,00 6. Estimated dollar value per year of goods and services that will be purchased locally $ 20 00 28%) 7. Estimated number of regular employees on year round basis 15 B. Average annual salary per employee $ 15,000,00 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By MUN. BOND FORMS/VBIDA-FIS Econc)mic Impact Statement 1. AMOL]nt Of investment 2. Amount of industrial revenue bond financinq @jo Lig h t 3. rstimated taxable vallie Of the facility.- tY r(?al property to he constructed in the Cl of Virqinia Beach $ 11. Estimated real property tax per year Using present tax rate $ 5. Estimated personal property tax f@. i;,-conomic impact statement (ILI, overall return to the city: A. @4uml:er of new jobr. p..Iyrc)ll generated $ Ut)C, Av. Wage 00 C. Number of jobs retain;ed@ D. Payroll retained $ Av. wage $ E. Estimate of the value of goc)ds and services purchased within the geographic bouiidary of Vir(Jinia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type value Ve@iicles $ 2 6 000 T(,I(,t)hone 3v@t(,Ill $ 10 Ouo t)f@fice equipii@eii@ Insurance 3,000 T),,isl) collt tiorl $ @.ooo. ),OOO r,( L" I s EY @-10 000 TOTAL $@7 @'i E.-Limateci hilil.cling permit fee and other municipal $ 1,000 (:oti@@truction )ayroll $ Estiinated valuf,, of construction material to be purctiased within "he City of Virginia Beach $ 30 000 I. Estimated nurnber of conslruction jobs 0 J. Any other items which the applicant feels tlie Authority should be made aware of in (1) Midsection of Va. Beach licks any facility evaluatinq the projlct C,)Il]Pl@-,Ible to tliis pr,ol)osed lawn & garden & coii@;truction ecluil)tiic@rit s@iles & deiiioristration center, 1(2spite the rapid fil,owl@li or @ll(, 'ir(,,) Citv (ioveriiiiient @qill 1)(,,riefit i-i@oiii increased 1, i L it) II i 11 U I 1 )WII & (J,]l'(Iell u(JU i I) lilt,ii L Ill (t SI)LLCL U I uc I 1 VL@t' iL@ . 7. l@ the site currently zonecl Eor the use of being proposed for incitistri@I it@ve:llle I)cts.)Ilcj !:@iianciriq? Yes X N(-.i 8, a bond p@,tr@:71iase aq-kement/commitren@@ been accepted by ol"i 1 l or' L'(2111c, 1it w it11 00111 11 ioil tlie applicant? (attacti a,copy) Yes X I;dnk ot liiiiipton Road 9. Will the bond financing close within 90 days from the date of adoption of the in,2ucenent resolution? Yes X No 10. Location of projecl (attach location map) See attached 11. Explanation of alternative financing that has been Tliis project is very dependent oti obtaining reviewed for project [p@ I iii@iricinu. Liiid tl)e size of the pro,jlct wil 1 liave to be reduced by "i to 40 if coiiventioii@il financing iiiust be usc(l- nr (,Iq,, forpcin i.t-..cntirply- Fitiier viav. the citize@ Vi,rginia lie,ici) be the losers. ti"' y lhat th(- in formation St ated in th, above L is accurate and true in all respec.ts. FORD & WINSTEAD ASSOCIATE ni a TAPPI @-@a, t tic r an(i Lo before me thi s day of o@t a i MY COmmission Expires: 3 CO@T, W- -D@, GLE NEST P )INT B4 OC E GIIII 111, PROJECT NAME: Ford & Winstead Associates PROJECT ADDRESS: 3757 Bonney Road Virginia Beach, Virginia 23452 TYPE OF PROJECT: Lawn and Garden and Construction Equipment Retail and Commercial Sales. A @iieetinq of the Council of tlie City of Virginia Beacil, V-irginia, was held in the Council Chainbers, in the Adi@inistration L3uilding, on the 24 day of @sit, 1984. September On inotion bY Louis Jo es and seconded by Robert E. FentrE;ss the following Resoluiion was a@.pted. RESOLUI-ION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR FORD & WINSTEAD ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the "Authority"), has considered the appli- cation of Ford & Winstead Associates, a Virginia general partnership in formation (the "Company"), for the issuance of the Authority's industrial development revenue bond or bonds in an amount not to exceed $300,000.00 (the "Bonds") to assist in the financing of the Coiiipany's acquisilion of a 0.67 acre site and the construction, equipping and owning of a 6,000 square foot lawn and garden and construction equipment retail and commercial sales center (the "Facility"), to be located at 3757 Bonney Road, in Virginia Beach, Virginia, and has held a public hearing thereon on Sept. 11, 1984; 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 Section 15.1-1378.1, Code of Virginia, 1950, as amended, a copy of the Authority's resolution approving the issuance of the Bonds, stjbject to ternis to be agreed upon and a reaso- nably detailed summary of the comments expressed at the public hearing, has been filed with the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council approves the Issuance of the Bonds by the Authority for the benefit of Ford & Winstead 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 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, Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the City Council of the City of Virginia Beach, September Virginia, on 24, 1984. MUNICIPAL BOND/FORD-RES - 2 - SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPKENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: DAVID K. FOSTER, D.D.S., @rD. 2. LOCATION: Southeast corner of Parcel 55, Oceana West Industrial Park, (Parcel 55 contains approxima- tely 3.0 acres, located on the southwest corner of the inter- section of Viking Drive and Lynnhaven Parkway, Virginia Beach, Virginia 23452 3. DESCRIPTION OF PROJECT: Two (2) story, 6,700 square foot dental office building, with related furnishings and equipment 4. AMOUNT OF BOND ISSUE: $530,000.00 5. PRINCIPALS: DAVID K. FOSTER, D.D.S. 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property I-1 Light Industrial District b. Is rezoning proposed? Yes No X C. if so, to what zoning classification? mh.f ss.dkf.c FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: -, 1984 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: DAVID K. FOSTER, D.D.S,. LTD. 'FYPE OF FACILITY: DENTAL OFFICE BUILDING 1. Maximum amount of financing sought $530,000.00 2. Estimated taxable value of the facility's real property to be constructed in the municipality $450,000.00 3. Estimated real property tax per year using present tax rates $ 3,600.00 4. Estiinated personal. property tax L@,@r yczir usi.ng I)r(,SCtlt tax raL,)S $ 1,500.00* 5. Estimated merchants' capital tax (business license) tax per year LiSing I)r(@sent tlx raL(@.,3 $ 3,500.00* 6. Estiinated dollar value per year of goods and services that will be purchased locally $114,750.00* 7. Estimated number of regular employees on year round basis 12* 8. Average annual salary per employee $ 12,400.00* The information contained in this Statement is based solely on facts and estimates providea by the Applicant, and the Authority has made no indepen@ent investigation with respect thereto. CITY OF VIRGINIA BEACH DEVELOPT!ENT AUTHORITY OF VIRGINIA BEACH, VIRGINIA By Chair@, *Note: These estimates only reflect taxes, purchases and employment data for David K. Foster, D.D.S., Ltd., and do not include data for other tenant(s) of Facility. mbh.f fis.dkf.c Economic Impact Statement 1. Amount of investril-nt $530,000 2. Amount of industrial revenue bond financing sought $530,000* 3. Estimated taxable value of the facility's real property to be constructed in the City of Vir4inta' Beach $450,000 4. Estimated real property tax per year ui5ing present tax rate $ 3,600 5. Estimated personal property tax $ 1,500 6. Economic impact statement demonstrating the overall return to the city: A. Number of new jobs 3 B. Payroll generated $ 37,200 Av. Wage S 12,400 C. Number of jobs r'etained 9 D. Payroll retained $ 111,600 Av. Wage $12,400 E. Estimate of the value of goods and services purchased within the geographic boundary of Virginia Beach by type (inventory, mach*-nery, professional services, insurance, motor vehicles, etc.): Type Val6e Professional services $ 5 2 . 8 0 0 Equipment $ 2 61 0 0 Telephone, insurance, utilities $10,600 TOTAL 114,750. *tlote: Inducement Resolution dated.3/2/82 approved $275,000 for project as initially proposed. Size of project increased due to increased investment cost for land, etc. F. Estimated building permit fee and other municipal fees $ 6,700 G. Estimated construction payroll 120,000 H. Estimated value of construction material to be purchased within the City of Virginia Beach s 190,000 I. Estimated number of construction jobs 100* J. Any other items which the applicant feels the Authority should be made aware of in evaluating the project prniprt was initially induced on Mar 2, 1982; project is to be constructed on lands purchased from City of Virginia T3@a,h npirplnpment- Alit-hc)rity and as ipart of Oceana West Indus Park. 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) Southeast corner (15,0 square feet) of parcel 55, Oceana West Industrial Park 11. Explanation of alternative financing that has been reviewed for project Not considered to date due to fact that. applicant has heretofore obtained Inducement Resolutio)n for upiroject. .*Note: Figure includes all personnel of general contra'ctor_and subcontractors to perform services in connection with construction of project. I hereby certify that the information stated in the above l."coiioiiiic Inipact SLatement is accurate and true in. all respects. DAVID R. FOSTER, DDS, LTD. By: OV@ 'g .@@ . Applicant) Subscribed and sworn to before me this 10th day of September, 1984. ic My Commission Expires: PROJECT NAME: David K. Foster, D.D.S., Ltd. PROJECT ADDRESS: Portion of Parcel 55, Oceana T-7est Industrial Dark, located on southeast corner of intersection of Viking and Craftal Drives TYDE OF PROJECT: Dental office build RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND FOR DAVID K. FOSTER, D.D.S., LTD. WHEREAS, on March 2, 1982, the City of Virginia Beach Development Authority of Virginia Beach, whose address is 401 Lynnhaven Parkway, Virginia Beach, Virginia (the "Authority') considered and held a public hearing on the application of Foster Associates, a virginia general partnership, whose address is 316 North Great Neck Road, Virginia Beach, Virginia 23452 (the 'Purchaser") for the issuance of the Authority's industrial development revenue bond in an amount not to exceed $275,000.00 to assist in the financing of the Purchaser's acquisition, construction, equipping and furnishing of a dental office build- ing facility (the 'Facility') on real property located in the City of Virginia Beach, Virginia; and WHEREAS, the Purchaser has altered its name and form of organization so that it is now David K. Foster, D.D.S., Ltd., a virginia corporation; and WHEREAS, the Purchaser has modified its plan of develop- ment for the Facility so that the Facility as it is now actually to be developed and constructed will consist of a two (2) story, 6,700 square foot dental office building with related personal property, equipment, furniture and fixtures, to be located on the southeast corner of Parcel 55, Oceana West Industrial Park (said Parcel 55 contains approximately 3.0 acres of land), situated on the southwest corner of the intersection of Viking Drive and Lynnhaven Parkway, in the City of Virginia Beach, Virginia; and WHEREAS, the costs of the acquisition, construction, equipping and furnishing of the Facility as now planned will not exceed FIVE HUNDRED THIRTY THOUSAND DOLLARS ($530,000.00), rather than TWO HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($275,000.00) as previously anticipated; and WHEREAS, after proper notice of public hearing as required by law, the Authority has considered the application of the Purchaser for the amendment of the Resolution of Intent adopted by the Authority on March 2, 1982 to correctly identify - 1 - the Purchaser as David K. Foster, D.D.S., Ltd., a Virginia cor- poration and the Facility as a two (2) story, 6,700 square foot dental office building, with related personal property, equip- ment, furniture and fixtures, to be located on the southeast corner of Parcel 55, Oceana West Industrial Park (said Parcel 55 contains 3.0 acres of land), situated on the southwest corner of the intersection of Viking Drive and Lynnhaven Parkway, and to substitute FIVE HUNDRED THIRTY THOUSAND DOLLARS ($530,000.00) as the principal amount of the Bond rather than TWO HUNDRED SEVENTY- FIVE THOUSAND DOLLARS ($275,000-00), to assist in the financing of the acquisition, construction, equipping and furnishing of the Facility to be located on said Parcel 55, Oceana West Industrial Park as set forth above, in the City of virginia Beach, Virginia, and to be owned and operated by the Purchaser, and has held a public hearing thereon on September 11, 1984; and WHEREAS, the Authority has requested the City Council (the 'Council') of Virginia Beach, Virginia (the "City") to approve the issuance of the Authority's industrial development revenue bond in an amount not to exceed FIVE HUNDRED THIRTY THOUSAND DOLLARS ($530,000.00) (the "Bond") to comply with Sec- tion 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to Section 15.1-1378.1, Code of Virginia, 1950, as amended, a copy of the Authority's resolution approving the issuance of the 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 David K. Foster, D.D.S., Ltd., a Virginia corporation, 316 North Great Neck Road, Virginia Beach, Virginia 23454, to the extent of and as required - 2 - by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility as now planned and correctly described hereinabove. 2. The approval of the issuance of the Bond, as required by Section 103(k), does not constitute an endorsement of the Bond or the creditworthiness of the Purchaser, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach Development Authority, including its elected represen- tatives, 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 hereafter enacted; or (2) the Authority's failure for any reason after the issuance of bonds for the Facil- ity 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. 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 24 1984. mbh.f r.dkf.c 3 SUMMARY SHEET CITY OF VTRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: SALTER ASSOCIATES II 2. LOCATION: A portion of Parcel 55, Oceana West Industrial Park, (Parcel 55 contains approximately 3.0 acres, located on the southeast corner of the intersection of Viking Drive and Craf- tal Drive, Virginia Beach, virginia 23451 3. DESCRIPTION OF PROJECT: Two (2) story, 6,000 square foot commercial office building, with related furnishings and equipment 4. AMOUNT OF BOND ISSUE: $425,000.00 5. PRINCIPALS: ROBERT M. SALTER RONALD A. HALL THOMAS R. FRANTZ 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property I-1 Light Industrial District b. Is rezoning proposed? Yes- No- X C. If so, to what zoning classification? mh.f ss.rs.c FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE-. , 1984 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: SALTER ASSOCIATES II TYPE OFFACILITY: COMMERCIAL OFF ICE BUILDING(Prof essional Of f ices) 1. Maximum amount of financing sought $425,000.00 2. Estiinated taxable value of the facility's real property to be constructed in the municipality $350FOO0.00 3. Estiinated real property tax per year using present tax rates $ 2,800.00 4. Estimated person&l property tax per year using present tax rates $ 1,500.00 5. Estimated merchants' capital tax (business license) tax per year using present tax rates $ 3,000.00 6. Estimated dollar value per year of goods and services that will be purchased locally $ 30,000.00 7. Estimated number of regular employees on year round basis 6 8. Average annual salary per employee $ 30,000.00 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY OF VIRGINIA BEACH, VIRGINIA By ww I - ChairmaV mbh.f fis.rs.c Econoinic Impact Statement 1. Amount of investnent 2. Amount of industrial revenue bond financing sought $ 425,000 3. Estimated taxable value of the facility's real property to be constructed in the City of Virqinta B-6ach $350,000 4. Estimated real property tax per year uting present tax rate $ 2,800 5. Estimated personal property tax $ 1,500 6. Economic impact statement demonstrating the overall return to the city: A Number of new jobs B. Payroll generated $ 180,000 Av. Wage $30,000 C. Number of jobs retained 8 D. Payroll retained $ 240,000 Av. Wage $30,000 E.; Estimate of the value of goods and services purchased within the gec>graphic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type vaiiie office supplies & Eqpt $ 30,000 TOTAL 80,000 P. Estimated building permit fee and other municipal fel-s $ @6,000 G. Estimated construction payroll $ 96,000 H. Estimated value of construction material to be purchased within the City of Virginia Beacti $146,000 I. Estimated number of construction jobs 100* J. Any other items which the applicant feels the Authority should be made aware of in evaluating the project. Project is to be constructed on l@nd purchased from City of Virginia Beach Development Authority and as pa of development of Oceana West Industrial Park 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) portion of Parcel 55, Oceana West Industrial Park, fronting on Crafta Drive 11. Explanation o f alternative financing that has been reviewed for pct Not investigated to date; 6ontract for.1a,n( pro@ purchase and const.,.C ion ts C;Ullt:+/-Iiye!lit LILUL@ tRB fi!@ttit *Note: Figure includes all personnel of general contractor -and- subcontractors to perform services in connection with construction of project. I hereby certify that the information stated in the above [.,coiioinic Impact Statement-is accur@ite and true in. all respects. SALTER ASSOCIATES II By: (Applicant) A Subscribed and sworn to before me ttiis 10th day of September, 1984. N, ublic My Commission Expires: PROJECT NAME: Salter Associates II PROJECT ADDRESS: Portion of Parcel 55, Oceana T,,7est Industrial Park, located on southeast corner of intersection of Viking and Craftal Drives TYPE OF PROJECT: Commercial office building facili RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND FOR EXPRESSWAY INN, INC. WHEREAS, the City of Virginia Beach Development Authority, whose address is 401 Lynnhaven Parkway, Virginia Beach, virginia 23452 (the "Authority") has considered the appli- cation of Salter Associates II, a Virginia general par"nership, whose address is P.O. Box 62401, Virginia Beach, Virginia 23462 (the "Purchaser"), for the issuance of the Authority's industrial development revenue bond in an amount estimated at not more than $425,000.00 (the "Bond") to assist in the financing of the Purchaser's acquisition, construction, furnishing and equipping of a two (2) story, 6,000 square foot commercial office building (the "Project") to be located on an portion of Parcel 55, Oceana West Industrial Park (said Parcel 55 contains approximately 3.0 acres) situated on the southeast corner of the intersection of Viking Drive and Craftal Drive, in virginia Beach, Virginia, to be owned and operated by the Company, and has held a public hearing thereon on Sept. 11 , 1984 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 Salter Associates II, a Virginia general partnership, to the extent of and as required by - 1 - 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 Bond or the creditworthiness of the Purchaser, but, pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach Development Authority, including its elected represen- tatives, 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 hereafter enacted; or (2) the Authority's failure for any reason after the issuance of bonds for the Faci- lity to allocate a portion of its allowable industrial develop- ment bond volume to the Facility if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal sta- tute now or hereafter enacted. 4. This Resolution shall take effect iinmediately upon its adoption. Adopted by a majority of a quorum of the Council of the City of Virginia Beach, Virginia, on September 24 1 1984. mh.f res.rs.c 2 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Old Donation Medical Associates 2. LOCATION: 1853 old Donation Parkway Virginia 13each, V]-rg.Ln.LU 4@4D4 3. DESCRIPTION OF PROJECT: Medical office Complex 4. AMOUNT OF BOND ISSUE: $1,800,000 S. PRINCIPALS: Dr. Robert W. Waddell Dr. John A. Williamson Dr. John L. Dobson Dr. Thornas S. Meade, Jr. Dr. Colin W. Hamilton 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property 0-1 b. Is rezoning proposed? Yes No X C. If so, to what zoning classification? 1 1/ 5/ 8 3 FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL RPVENUE BOND FINANCING DATE: AugUSt 14, 1984 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Old Donation Medical Associates TYPE OF FACILITY: Medical Office Complex 1. Maximum amount of Einancing sought $ 1,800,000 2. EStimated taxable value of the facility's real property to be constructed in the municipality $ 1,800,000 3. Estimated real property tax per year 14,400 using present tax rates $ 4. Estimated personal property tax per year using present tax rates $ 50,000 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 45,000 6. Estimated dollar value per year of goods and services that will be purchased locally $ 100,000 7. Estimated number of regular employees on year round basis $ 44 8. Average annual salary per employee $ 14,000 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 Bv Chairmarl@ Economic Impact Statement s 0 1. Amount of investment 2. Amount of industrial revenue bond financing $1,800,000 sought 3. Estimated taxable value of the facility's ty real property to be constructed in the Cl $1,800,000 of Virginia Beach 4. Estimated real property tax per year using present tax rate $ 14,400 5. Estimated personal property tax $ 50,000 6. Economic im pact statement demonstrating the overall return to the city: A. Number of new jobs 44 B. Payroll generated $61 000 Av. wage $-14 non C. Number of jobs retain;ed, 25 D. Payroll retained $ Av. Wage $ 00 E. Estimate of the value of goods and services purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type Value Inve $ 75 000 Professional Services $2 500 000 Insurance & vehicles $ 150 000 $2,875,000 TO'rALS F. Estimated building pelmill fee and other municipal *fees $ 50,000 G. Estimated construction payroll $ (a@roximately) H. Estimated value of construction material to be purchasedwithin the City of Virginia Beach $ aipr)rox. 400,000 I. Estimated number of construction jobs 75 J. Any other items which the applicant feels the Authority should be made aware of in evaluating the project 7. Is the site currehtly zoned for the use of being proposed for industria'L revenue bo,id firiancing? Yes X No 8. Has a bond purchase agreement/commitment been accepted by the applicant? (attach a,copy) Yes -,W 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) 1853 Old Donation Parkway, Virginia Beach, Virginia 23454 11. Explanation of alternative financing that has been reviewed for project I ficretjy certify that the in.formation stated in the above E(,-onomic impact Statement-fs accurate and true iii all respects. (Ikpp-I icane Subscribed and sworn to before me this @"@ay of 1984. Noeary Pubr@ic My Commission Expires: iSEASIIORE STATE PAR G@@,, PROJECT NAME: Old Donation Medical Associates PROJECT ADDRESS: 1853 Old Donation Parkway Virginia Beach, Virginia 23454 TYPE OF PROJECT: Medical Office Complex RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR OLD DONATION MEDICAL ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority (the Authority) has considered the application of Old Donation Medical Associates (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $1,800,000 (the Bonds) to assist in the financing of the Company's construction of a medical office building complex facility (the Facility) to be located adjacent to the medical office building of the Company at 1853 Old Donation Parkway, Virginia Beach, Virginia 23454 in the City of Virginia Beach, Virginia, and has held a public hearing thereon on September 11, 1984. 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 Virginia law 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 a completed fiscal impact statement have been filed with the Council of the City of Virginia Beach, Virginia; THEREFORE, BE IT RESOTVED 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 Old Donation Medical Associates, 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 endorse- ment of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth of Virginia, the City nor 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 ?A 1 1984. SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AU;RHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1: 1- PROJECT NAME: Mladick Medical Associates 2. LOCATION: 1037 First Colonial Rood Vir ia=, virqiniaRoa2d3454 gin and 1864 colonial Virginia Beach, Virginia 23454 3. DESCRIPTION OF PROJECT: Addition to existing medical office b ldin ;gd a ition of - t. r pC7;1:g 7ana 113 e e@ a in-' connection with addition to buildi5g 4. AMOUNT OF BOND ISSUE: $300,000 5. PRINCIPALS: Richard A. Mladick Elly Mladick 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property 0-1 b. Is rezoning proposed? Yes No x C. If SO, to what zoning classification? 5/ 8 3 FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: AUguSt 20, 1984 TO: TIIE Ci,rY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Mladick Medical Associates TYPE OF FACILITY: Medical Offices 1. Maximum amount of financing sought 300,100*00 2. Estimated taxable value of the facility's I)ropclrty to be constructe(I in tht- niunicipality $ 300,000.00 3. Estimated real property tax per year usi-ng present tax rates $ 2L_00.00 4. Estimated personal property tax per year using present tax rates $ -0- 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 7 OOO.QO 6. Estimated dollar value per year of goods and services that will be purchased locally $ OQ. 7. Estimated number of regular employees on year round basis $ 8 B. Average annual salary per employee $ 15 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 s 1. AMOnt of investment 2. ATnc)unt of industrial revenue bond financing $ 3 0 000 0 sought 3. rstimated taxable value of the facil@ty 's real property to be constructed in the City 300,000 of Virginia Beach 4. Estimated real property tax per year using present tax rate 2,400 -0- 5. Estimated personal property tax $ 6. Economic im pact statement demonstrating the overall return to the city: A. Number of new jobs 8 B. payroll. generated $120,000 Av. Wage $ 15,000 C. Number of jobs retained, D. Payroll retained $ Av. wage $ E. Estimate of the value of goods and services purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.)$? Type Value T()TAL S 500,000 F EStimated building permill fee and other municipal 'f ees $ G. Estimated construction payroll $ 1114r-6 H. Estimated value of construction material to be purchased.within the City of Virginia Beach $ o I. Estimated number of construction jobs J. Any other items which the applicant feels the Authority should be made aware of in evaluating the project 7. Is the site currently zoned for the use of being proposed for industrial revenue bond firiancing? Yes XX No B. Has a bond purchase agreement/commitment been accepted by tlie applicant? (attach a, copy) Yes -,W @/ 9. Will the bond financing close within 90 days from the, date of adoption of the inducement resolution? Yes No 10. Location of project (attach location map) 1037 First Colonial Road, Virginia Beach, Virginia 23454 11. Explanation of alternative financing that has been reviewed for project I lieret3y cl@rtity that the infOL,.iation stated in the above E(,onomic Impact Statement-fs accurate and true in all respects. (A pplicant) Sul3scribed and sworn to before me this day of II)II4 Notary Publdc My Commission Expires: L Project Name: Mladick Medical Associates Project Address: 1037 First Colonial Road Virginia Beach, Virginia 23454 Type of Project: Addition to existing medical office RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAT, DFVELOPMENT RFVENUE BONDS FOR MLADICK MEDICAL ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority (the Authority), has considered the application of Mladick Medical Associates (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $300,000 (the Bonds) to assist in the financing of the Company's construction of an addition to an existing medical office building and acquisition of land to be used for parking in connection with the addition to the existing building (the Facility) locate(i at 1037 First Colonial Road and 1864 First Colonial Road, respectively, in the City of Virginia Beach, Virginia, and to be owned by the Company, and has held a public hearing thereon on September 11, 1984; 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 WHEREAS, pursuant to Virginia law, 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 a completed Fiscal Impact Statement have been filed with the Council of the City of Virginia Beach; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRCINIA 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 Mladick Medical Associates (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 required by such Section 103(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Company, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on Sei)tember 24 1 984. - 23 - Item II-I.2a-d RESOLUTIONS ITEM # 22562 ADD-ON Upon motion by Councilman Louis Jones, seconded by Councilman Baum, City Council ADOPTED Resolutions authorizing the issuance of INDUSTRIAL DEVELOPMENT REVENUE BONDS, conditioned upon the City Council having the right for Changes of Zoning and Conditional Use Permits which may result in applications from the following: BURLAGE CORPORATION ($3,600,000) EXPRESSWAY INN, INC. ($3,080,000) TURNPIKE PROPERTIES, INC. ($3,950,000) SHORE DRIVE MOTEL ASSOCIATES ($1,500,000) Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. September 24, 1984 23a - DEVELOPMENT AUTHORITY 401 CYNNHAVEN PARKWAY R..ERT @ BER.Y, IR KAWRENCE L. JOINER FREDERIC@ W T@l-N. "i @AN K. CUNNINGH" .@IR.A. VICC CH..R.AN TREASURER $ECRET", VIRGINIA BEACH, VIRGINIA 25452 (004) 106.0060 "@RRY 9 PURILY @511 SECRLI-I September 24, 1984 The Honorable Harold Heischober, Mayor aiid Members of Council Muiiicipal Center Virgiriia Beach, Virginia 23456 Doir Mr. M.Lyor & Moinbers C>f Coulicil: @ilhe City of Virgiilil Beacii Dovelopiiielit Authority @ipprovod today iiiducement resolutiojis for the followiiig projects iii the iiidicated amouiits. 1, Burlage Corporation $3,600,000; 2. Expressway Inn, Inc. $3,080,000; 3. Turiipike Properties, Iiic. - $3,950,000; aiid 4. Shore Drive Motel Associates - $1,500,000. The Authority had previousiy deferred approval of the projects because of pending zoning or use permit applications. However, it appears that Authority and City Council appro@!al Tilust be obtained by october 1, 1984, if the projects are to be considered for an allocation from the State Reserve. Therefore, as an exception to its established policy, the Authority has voted to approve the projects subject to the required zoiiiiig chaiigos. Tho Authority fe-ols that tlie o-xceptioli is required by the current status of IRB legislation and that such exceptions will not be required in the future. If you have any questions concerning the above, please contact me. Very truly yours, WW& P,)bert W. B7j,'Jr. Chairman, Development Authority September 24, 1984 SUMkARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: BURLAGE CORPOPATION FACILITY 2. LOCATION: Southwest corner of 9th Street and Atlantic Avenue 3. DESCRIPTION OF PROJECT: B-story, 50 room hotel facility with Pool, sundec , two story parking garage and lo,ooo sq. ft. of 4. AMOUNT OF BOND ISSUE: $3,600,000 commercial space S. PRINCIPALS: L. Charles Burlage 6. ZONING CLASSIFICATION: a. Present zoning classification of-the Property C-5 b. Is rezoning proposed? Yes XX No c. If so, to what zoning classification? H-2 FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: BURLAGE CORPORATION FACILITY TYPE OF FACILi,ry: 8 STORY, 50 UNIT HOTEL, WITH LOBBY, OFFICE, STORAGE AND POOL FACILITIES, AND CONTAINING 2 FLOORS OF PARKING GARAGE AND 10,000 SO. FT. COMMERCIAL SPACE. 1. Maximum amount of financing sought $3,600,000.00 2. Estimated taxable value of the facility's real property to be constructed in the municipality $3,400,000.00 3. Estimated real property tax per year usiiig present tax rates $ 28,800.00 4. Estiihated personal property tax per year using present tax rates $ 15,000.00 5. Cstiinated mei:chants' capital tax per year using present tax rates $ 118,045.00 6. Estimated dollar value per year of goods and services that will be purchased locally $ 655,805.00 7. Estimated number of regular employees on year round basis 40 8. Average annual salary per employee $ 13,000.00 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY OF VIRGINIA BEACH, VIRGINIA BY if,, d, -L - AuthoritX(51hairman mbh.g fi.bc.c Economic impact Statement 1. Amount of investment .416nn nAo 2. Amouht of industrial revenue bond financing sought 3,300,000 3. Estimated taxable value of the faciltty's real property to be constructed in the City of Virginia Beach $ 3,60a.ano 4. Estimated real property tax per year uting present tax rate 8 0 S. igstimated personal property tax 15,000 6. Economic impact statement demonstrating the overali return to the city: A. Number of new jobs 40 B. Payroll generated $ 520,000 Av. Wage $ 13,000 C. Number of jobs retai@ed - D. Payroll retained $ --- Av. Wage E. Est-imate of the valu4 of goods and services purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type Value 8ee Attached Schedule "A" TOTAL P. Estimated building permit fee and other municipal fees 50,000 G. Estimated construction payroll $650,000 H. Estimated value of consiruct-ion material to be purchased within the City of Virginia Beach $1,519,000 I. Estimated number of construction jobs 75 J. Any other items which the applicant feels the Authority should be made aware of in evaluating the project This facility could set the standard for the sophisticated development of the west side of Atlantic Avenue. 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 -vNo 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) southwest corner of 9th and Atlantic Avenue, Virginia Beach, Va. 11. Explanation of alternative financing that has been reviewed for project COnventional financing increases the risk of loss beyond the point of feasibility. The project would become ill-advised. BURLAGE CORPORATION TRAYMORE SEA COLONY MOTEL SCHEDULE A 1) Basic Contract Local Labor 650,000 Materials (either fabricated on site or purchased through local vendors) 1,519,000 2) Professional Services Legal 30,000 Architectural & Engineering 100,000 3) Labor for Demolition 20,000 4) Furniture, Fixtures & Equipment 150,000 5) Insurance 10,000 6) Telephones and Television 50,000 7) Construction Period Interest 236,000 $2,765,000 THIS IS TO CERTIFY THAT I ON t NOVEMAER /* 0 3 S.R@E,ED THE FIROPERTY S HO. . ONT.,S PLAT. AND T .7 T.E TIT LE L..ES A NOTOE ..LLS OF T.E SU, LD- INGS AREASSHOH ONT.ISPLAT I THE BUILDING S STA NOSTRICT LY ITHIM T.[TITLELMES AND THERE ARC NO ENCROACH- MENTSOF OTHERSUILDINGS ON THE PROPERTI E.CEPT AS smom sionco C L,S PHYSICAL SURTEY LO r S 12 and 14 BLOCIC 9 VIRGINIA BEACH DEVELa*MEvr rvArmosE' h ma I PZOO VL,?SINIA SEAC.V BOROVON VIRGINIA SEACM, VA, SCALC /",ZO 50 #OV /tei cts4 WAVE FOR T SURLAOF cooto-oma riom tool RI wi Cmilup Su@ Engiraen. Ltd. 32S F.,t C@ R@ @A BEACH. VIRGftA 23454 A irrs Phow 4294132 wr G..i S... PRo.TF-CT @cATiot4 PROJECT NAME: BURLAGE CORPORATION FACILITY ADDRESS: 9th and Atlantic Vii-@ji.nia Beach, VA. RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR BURLAGE CORPORATION FACILITY WHEREAS, the City of Virginia Beach Development AUthority (the Authority) has considered the application of Burlage Corporation (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $3,600,000. (the Bonds) to assist in the financing of the Company's acquisition, construction, and equipping of an eight (8) story, fifty (50) unit hotel, with related lobby, office, storage and pool facilities, and containing two (2) floors of parking garage and approximately 10,000 square feet of commercial office and retail space (the Facility) to be located on a 14,000 square foot parcel of land on the southwest corner of the intersection of 9th Street and Atlantic Avenue in the City of Virginia Beach, Virginia, and has held a public hearing thereon on September 11, 1984; and WHEREAS, the AUthority has requested the City Council (the Council) of Virginia Beach, Virginia (the City), to approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to S 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 Burlage Corporation, 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, pur- suant to Chapter 643, Virginia ACTS of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or 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 24, 1984. mk.g res.bur.c 2 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: EXPRESSWAY INN, INC. 2. LOCATION: 1.2 acre parcel fronting 345 feet on Southside of Greenwich Road, located 250 feet East of intersec- tion of Greenwich and Newtown Roads, Virginia Beach, VA 23451 3. DESCRIPTION OF PROJECT: 95 Unit Hotel with lobby, laundry, office and parking facilities 4. AMOUNT OF BOND ISSUE: $3,080,000.00 5. PRINCIPALS: LAMAR M. JOLLY WAYNE D. FRANKLIN 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property I-1 Light Industrial I District b. is rezoning proposed? Yes- No X C. If so, to what zoning classification? mh.g ss.eii.c FISCAL IMPACT STA,REMENT FOR PROPOSE[) INDUSTRIAL REVENUE BOND FINANCING DATE: , 1984 TO: THE CITY COUNCIL OF VIRGINIA BEACHI VIRGINIA PROJEC,r NAME: EXPRESSWAY INN, INC. PROJECT TYPE OF FACILi,ry: HOTEL 1. Maximum amount of financing sought $3,080,000.00 2. Estimated taxable value of the facility's real property to be constructed in the municipality $2,542.000.00 3. Estimated real property tax per year using present tax rates $ 20,336.00 4. Estimated personal property tax per year using present tax rotes $ 7,875.00 5. Estimated merchants' capital tax (business license) tax per year using present tax rates $ 36,470.00 6. Estimated dollar value per year of goods and services that will be purchased locally $ 110,000.00 7. Estimated number of regular employees on year round basis 23 B. Average annual salary per employee $ 7,500.00 The information contained in this Statement is based solely on facts and estimates provided by the Applicaht, and the Authority has made no independent investigation with respect thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY OF VIRGINIA BEACH, VIRGINIA BY Ch@irmat(/ mbh.g fis.eii.c Economic Impact Statement 1. Ainount of investment 3,230,000 2. Amount of industrial revenue bond financing sought $3,080,00a 3. Estimated taxable value of the facii4ty's real property to be constructed in th'e City' of Vir cjin la Beach $2,542.oop 4. Estimated real property tax per year using present tax rate 20,336 5. Estimated personal property tax 7.87'i 6. Economic impact statement demonstrating the overall return to the city: A. Number of new jobs 23 B. Payroll generated $ 172,500 Av. Wage $ 7,500 C. Number of jobs retainbd 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 servicec, insurance, motor vehicles, etc.): Type Value soap, linens, hous-ekppvina Ruppl$ ..pplies.,. t:elep advertisinci (billboard,brochuresf 3 300 0 maintenance supplies 20,000 insurance policies 6,000 TOTAL 116,000 F. Estimated building permit fee and other municipal fees S -145,000 G. Estimated construction payroll $i.ooo.ooo H. Estimated value of construction material to be purchased within the City of Virginia Beach $i.ooo.ooo I. Estimated number of construction jobs 100* J. Any other items which the applicant feels the Authority should be made aware of in evaluating,the project competitors to project have been bond financed (ie. LaQuinta, Red Roof Inn) 7. Is the site currently zoned for the use of being proposed for industrial revenue bond financing? YeS A- No 8. Has a bond purchase agreement/commitment been accepted by the applicant? (attach 'a,copy) Yes -,No 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) 1.2 acre t)arcel on south side of Greenwich Road, 250 feet east of Newtown Road 11. Explanation of alternative financing that has been reviewed for Proiect conventional financing has been investigi and project is not-feisible wi,-nc)uL idoiitl ftlilliLUtJlLji due I facts rnentioned in ii-,-rn 6.1 AhnvF-- *Note: Figure includes all personnel of general contractor..ilnd subcontractors to perform services in connection with cons@ructi'on of project. I hereby certify that the information Stated in the above -is accurate and true in all respects. Economic Impact Stateinent EXPRESSWAY INN,.INC. BytN-" (Applicant). Subscribed and sworn to before me tkiis 10th day of Septembe.V 1984. Aotary Public- My Commission Expires: sin PROJECT NAIIE: Exr)ressway Inn, Inc. PROJECT ADDRESS! South sil'e of rreenwich Road, adproximately 250 feet east of intersecti of Greenwich and Newtow Roads, Virginia Beach, Virginia 23462 TYPE OF PROJECT: Hotel SCALE 1"- 2640 (.5 MILE) A meeting of the Council of the City of Virginia Beach, Virginia, at which a quorum was present, was held in @he Council Chambers, in the Administration Building, on the day of September, 1984. Present: Vote: John A. Baum Aye Nancy A. Creech Aye Robert E. Fentress Aye Mayor Harold Heiscbober Aye Barbara M. Henley Aye H. Jack Jennings, Jr. Aye Louis R. Jones Aye Robert G. Jones Aye Vice Mayorogeba S,,McClanan e A16e"ri h. erndo n_. J. Henry McCoy, Jr. D.D.S- On motion by Councilman Louis Jones seconded by Councilman John Baum I and voted upon as herein set forth, the following resolution was adopted. RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND FOR EXPRESSWAY INN, INC. WHEREAS, the City of Virginia Beach Development Authority, whose address is 401 Lynnhaven Parkway, virginia Beach, Virginia 23452 (the 'Authority") has considered the appli- cation of Expressway Inn, Inc., a Virginia corporation, whose address is 161-A John Jefferson Road, P.O. Box FT, Williamsburg, Virginia 23187 (the 'Purchaser'), for the issuance of the Authori- ty's industrial development revenue bond in an amount estimated at not more than $3,080,000.00 (the 'Bond') to assist in the financing of the Purchaser's acquisition, construction, fur- nishing and equipping of a 95 unit hotel, together with related lobby, office, parking, storage, and laundry facilities (the "Project") to be located on an approximately 1.2 acre parcel of land fronting approximately 345 feet on the South side of Green- wich Road, situated approximately 250 feet East of the intersec- tion of Greenwich and Newtown Roads, in Virginia Beach, Virginia, to be owned and operated by the Company, and has held a public hearing thereon on Sept. 11 , 1984 and; WHEREAS, the Authority has requested the City Council - 1 - (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 S15.1-1378.1, 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 TkE 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 Expressway Inn, Inc., a Virginia corporation, 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 Bond, as required by Section 103(k), does not constitute an endorsement of the Bond or the creditworthiness of the Company, but, pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Conunonwealth, the City, or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach Development Authority, including its elected represen- tatives, 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 2 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 Faci- lity to allocate a portion of its allowable industrial develop- ment bond volume to the Facility if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal sta- tute now or hereafter enacted. 4. This Resolution shall take effect immediately upon its adopti6n. Adopted by a majority of a quorum of the Council of the City of Virginia Beach, Virginia, on September 24 1984. mh. f res.eii.c 3 L3()MMAI@Y CII'Y OF VIRCINIA l@EAC@l DEVELOPM@,NT AUTIIORITY INDUS'PlirA[, F@EVEN(JE DON[) I tll@OJECT NAME: CiiclceL Inn (Turnpike Properties, Inc.) 2. LOCATION: INI)I-Llizimpton I)OLIICVZlr(i kit Balter Rocid 3. DESCRIPTION OF PROJECT: ApproxLmacely 130 guest room motel, of[i-cc, lobby, pool, l@iun(.Iry and iiiiiii@iger's apartment .1 AMOUN,R OF 130NI) .1; 3,1)50,000 'I'Llei-ipl.ke Properties, Inc. whose 5. PRINCIPALS: scockholder's are: Earl F. Slick Richard B. Port William B. Cash William D. rL]rnLr 6. ZONING CLASSIFICATIOtl: a. Present zoning classiEication of the Property B-2 b. Is rezoning propos@-ci? Yes x No C. If so, to what z,.)nini classification? ii-I 1 1/5/ 8 3 VISCA6 IMPACT STATEMENT FOR PROPOSED INDUS'VRIAE, VFVENUE SOND FINANCING UAI'L', ci,ry COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Crici(et Inii (Turnpike Properties, Inc.) TYPE OF FACILITY: 1,,30 l@ooiii 1. melxiiiltll" ziliiotliit ol@ Ciiiiiiicincj uoligilt s -1, 9 50,000 2. Estimated taxable value of the facility's real property to be constrLIcted in the foluiiicipillity $ !J,(i5o,ooo 3. Estimated real property tax per year using present tax rates $ 30,000 4. Estimated personal property tax per year using present tax rates $ 12,000 5. Estimated merchanta' capital (business license) tax per year using present tax rates $ 8,050 6. Estimated dollar value per year of goods and services that will be purchased locally s 400,000 7. Estimated number of regular employees on year round basis $ 30 .8. Average annual salary per employee $ 8,700 The information contained in this St atement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repece thereto. City of Virginia Beach De@elopment Authority B y Chairman/U E,onomic ImPact Statement Ainotint Of ilivestment f inancinq industrial revenu C-0 C 2. Amount of f sought 3. Lstiinated taxable vall"' 'If the facility real property to be constru,,,@d in the C'ity C-L' of virginia Beach 4. Estimated real Property tax p@r ypar jsing @c, $ prese,t tax rate $ CC sonal property tax 5 Estimated per t 1@ement (1,'!n0nst- 6. Fconornic ;'D3 overall return to the clt'/; A. Numbe,- 2k.;. ',qage B. p,yr,)il ..tneraed t4@ /,a retain Number of jobs age $ Payroll retained w ..,Vices Purchased )oundart, 'f Virginia Beach bv within the geographic hinery, professional servicest type (inventoryt mac icies, etc-): -7 insurance, motor veh Value Type C, TOTAL S Co 0 v ipal F rstimated building permit Eee and other munic s $ F,.-;timate(i c-,Onstrijction payroll rstimated value of construction material to be purchased within the CitY Of, IIIII s ri Virginia Beach jobs Estimated number of construction J. Any other items which the applicant feels a re of in the Authority should be m de awa evaluatinq the project 4y,'. k2: ed Is u!-,trial rL-venLie b nd fitiancing? yes N. ,4 0 reement/ccmmi,@ment been acceot,--d by @,,--irchase Licl yes :.e applicant? (attacti a,copy, 9. will the bond financing close within go days from the resolution? Yes date of adoption 0 t the inducement /@ @ 4 @ 4i 7 No 10. Location of project (attach location map) ./D @ 7 4, cj.. @j, 11. Explanation of alternative financing that has been reviewed for project tierc@t)y certify that tlie information stated in the above inir)act Itateinent i@3 iccurdte and true in all respects. 4b (@P@@ant 1) L,(,ribed and sworn to before me this day of Notary Public My Commissi,)n Expires: T AND VICINITY GUIDL- STREE BEACH, VIRGIN CITY OF Vil@GINIA i,,\i@i',MENTOFi ANNING . . . . . . . .. . . . . . . us T f[ clici 1" AMI-iii IAJ A-) (Turnpike Proper RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR TURNPIKE PROPERTIES, INC. WHEREAS, the City of Virginia Beach Development Authority (the Authority) has considered the application of Turnpike Properties, Inc. (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $3,950,000 (the Bonds) to assist in the financing of the Company's acquisition, construction, and equipping of an approximately 130 room motel facility (the Facility) to be located at the southeast corner of Baker Road and Northampton Boulevard (other than than portion occupied by Bojangles Restaurant) in the City of Virginia Beach, Virginia, and has held a public hearing thereon on September 11, 1984; and WHEREAS, the Authority has requested the City Council (the Council) of Virginia Beach, Virginia (the City), to approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, 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 surmnary 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 Turnpike Properties, Inc., to the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bonds, as required by Section 103(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the 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. Pursuant to the limitations contained in Temporary Income Tax Regulations Section 5f.1103-2(f)(1), this Resolution shall remain in effect for a period of one year from the date of its adoption. 5. This Resolution shall take effect irmnediately upon its adoption. Adopted by a majority of a quorum of the Council of the City of Virqinia Beach, Virginia, on September 24, , 1984. SU@l@IAIIY SIIEET CITY OP VIIIGINIA BEACil DEVELOPMENT AUTliORITY INI)IJS'I'ItIAI., Dl;'Vi-I'LOIIPIEN'V REVENUE 13OND [1110JI,'CT NA@ll-" Shore Drive Votel Associates SOLitli sicle of 5100 block of Shore Drive, 750 feet We@t of its intersection with Independence Boulevard 3. DE,CRIPTION OF PROJECT: Budget inotel ,l A@IUIJ.N'V 01-' i3UNl) $1 1500,OUO.00 5. PIIINCIPALS: Mr. Sudhakar J. Lavingia Mr. H. K. Thakkar Mr. Dilip R. Desai Mr. Paul-Angelson 6. ZONING CLASSIFICATION: a. Present zoning classification of tlie Property B-2 b. Is rezoning proposed? Yes x No C. If so, to what zoning classification? H-1 9 3 FISCAL IMPACT STATEMENT Fon PROPOSED INDUSTRIAL REVENUE BOND FINANCING ALI(JLIST 10, 1984 rlll@ Cl'rY COUNCIT, OL-' VIRGINIA BEACI-1, VIRCINIA PROJECT NAME: Sliore Drive -Motel Associates 'rYPE OF PACILI'FY: Budget iiiotel 1. Maxiinum ainount of financing sought 2. L'sLiiiiated taxable valtie of Lile CiCility'S ri@i.il I)ropi@rty to 1)(@ colistrtlctt.!(] iii tlie municipality s 3. Estimated real property tax per year using present tax rates 4. Estimated personal property tax per year using present tax rates $ 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 17 OOL 6. Estimated dollar value per year of goods and services that will be purchased locally $ 175,000 7. Estiinated number of regular employees on year round basis 18 B. Average annual salary per employee 6,500 The inforination contained in this SLatem'ent is based solely on Eacts and estimates provided by the Applicant, and the Authority has made no independent investigalion with repect tiiereto. City of Virginia Beach Development Autliority B ww Y-- Economic Impact Statement f investment- 1 550,000 1. Amount o 2 Amount of industrial revenue bond financinq sought 1,500,000 3. Estimated taxable value of the facility s real property to be constructed in the City of Virginia Beach $ 1,410,000 4. Estimated real property tax per year usinq present tax rate $ 11,280 5. Estimated personal property tax $ 1,200 6. Economic impact statement demonstrating the overall return to the city: A. Number of now jobs 18 B. Payroll generated $ 117,000 Av. Wage $6,500 C. Number of jobs rotainbd', D. Payroll retained Av. Wage $ E. Estimate of the value of goods and services purchased within the geographic boundary of Virqinia Reach by type finventory, machin*ry, professional services, insurance, motor vehiclest etc.): Type Value Inqijranep $ r,-non tin liq@ 000 Utility and phone serv. 85,000 Guest room supplies $12,000 TV and telephone leases 20,000 9-000 Laundry and Linens - Accounting 3,000 Maintenance supplies 8,000 TOTAL $.17f) f)oo Advertising 2,000 Estimated bui7lding permit fee and other municipal 'fees $.loo.ooo G. Estimated construction payroll 700,000 H. Estimated value of construction material to be purchased within the City @f Virginia Beach 700,000 i. Estimated number of construction j.obs 200 (many short-tenii) J. Any other items which the applicant feels the Authority should be made aware of in evaluating the project 7. Is the site cu fo! being proposed for industrial reven ue bond financing? Yes No X S. Has a bond purchase agreement/commitment been accepted by oral agreement. the applicant? ('attach a,copy) Yes 9. will the bond financi ng close within 90 days from the date of adoption of the inducement resolution? Yes x NO 10. Loocation of project (attach location map) See attached 11. Explanation of alternative financing that has been reviewed for project De I hereby certify that the information stated in the abov,- F,conomi@ lrtpact Statenent-is accurate and true in all respec'ts. SHORE DRIVE MOTEL ASSOCIATES, a Virgi -i Ap@p Subscribed and sworn to before me this -L4 da'y of' 1984. MY Commission Expires: -------------- ---- -- - ---- - BAY .. ............... Eigi ".I.. In G "HJB BAICLAKE tr I VILLL l' 1.4 LYNNHAVE:-4 D E F 2.@1J...Oo I T Joit)s Map 12 NAME: Shore Drive Motel Associates ADDRESS: South side of 5100 block of Shore Drive, 750:t feet West of Independence Boulevard TYPE OF PROJECT: Budget motel A iiieeting of the Council of tile City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Bijil(liriq, on the IC7-fA day of September, 1984. 24 man L.Jon s On motion by Council an@ seconded bycouncilman Baum_, tlie Following Resolution was adopted. RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE I)ONI) 1110 SIIOIZJ.: DIZ:[Vl@' MOII'];,']. ASSOC:LATLIS WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the "Authority"), has considered the appli- cation of Shore Drive Motel Associates, a Virginia general partnership In forination (the "Company"), for the issuance of the ALithority's industrial development revenue bond.or bonds in an amount estimated at $1,500,000.00 (thL,. "nonds") to assist in the financing of the Coiiipany's acquisition, construction, and equipping of an approximately 60 room budget motel facility (the "Project") on the south side of the 5100 block of Shore Drive, 750 feet, more or less, west of Independence Boulevard, in the City of Virginia Beach, Virginia (the "City"), and has held a public hearing thereon on September 11, 1984. WHEREAS, the Authority has requested the City Council (the "Council") of the City, to approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to 6e agreed upon and a record of the public hearing has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council approves the issuance of the Bonds by the Authority for the benefit of Shore Drive Motel ABBociates, to the extent required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Project. 2 I-lie al)l)v@oval of Llie issuance of the Bonds, as required I)y Section 103(k), does not constitute an endorsement of the Bonds or tlie creditworthiness of the Company, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide Lliat neit@ier tlie City nor tlie Authority sliall be obligated to pay the noti(is or tlie interest thereon or other costs incident thereto except from tlie revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Cormonwealth, the City, or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its @l(loptiori. . Adopted by the Council of t-he City of Virginia Beach, Virginia, on September il, 1984. 24 WLN-10/VB-RESO 2 - 24 - Item II-J. CONSENT AGENDA ITEM # 22563 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council APPROVED in ONE MOTION, Items 1, 2, 3*, 4, 5, 6a.b.c., 7, 8, 9, 10, 11, 12, 13, and 14 of the CONSENT AGENDA. *Item No. 3 was DEFERRED until the October 8, 1984, City Council Meeting. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan@ and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. *Verbal Aye September 24, 1984 - 25 - Item II-J.1 CONSENT AGENDA ITEM # 22564 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council ADOPTED a Resolution of Recognition to ELAINE J. HAMILTON, an Exchange Student from Jamaica in the 4-H Program. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanant and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. *Verbal Aye September 24, 1984 - 25a RESOLUTION IN RECOGNITION TO ELAINE J. HAMILTON WHEREAS: The International Four-H Youth Exchange (IFYE) in the United States is conducted by the National 4-H Council in support of the Coop- erative Extension Service--and in Virginia Beach, through the City's Agriculture Department. Financial assistance is provided by the Exxon Corporation, the Bureau for Educational and Cultural Affairs, United States Information Agency and the National 4-H Council; WHEREAS: The program in Jamaica is in cooperation with the Jamaica 4-H Clubs, Ministry of Youth and Community Development; WHEREAS: ELAINE J. HAMILTON participated in the IFYE Exchange program and has been a guest in the home of our Vice Mayor and Delegate McClanan. She is a teacher at Vere Technical High School in Jamaica. Her home is a fifteen-acre dairy farm and she has been a member of the Jamaica 4-H Club six years. She is also a member of the Clarendon Cul- tural Commission, Vision Sports and Social Club and the Jamaica Youth for Christ. Her interests are in arts, crafts, sports and music; and, WHEREAS: Participation in family and community life is the key to the successful experience of an Exchangee, Elaine's visit began June Seventeenth with her first arrival in Texas June Twentieth. Her second stop was August Thirteenth at VPI in Blacksburg. Surroundings, customs, manners of speaking, foods, living habits and strange faces have all blended into excitement and a vast experience that Elaine has accepted and mastered very successfully. She has become a true Ambassador and soon will return home to share this with others whose purposes are Head, Heart, Hands, and Health--the four H's of development. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled recognizes ELAINE JANET HAMILTON as an HONORARY CITIZEN of the City in tribute for her official visit this Twenty-Fourth day of September, Nineteen Hundred Eighty-Four. Vice Mayor Mayor September 24, 1984 - 26 - Item II-J.2 CONSENT AGENDA ITEM # 22565 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, CitY Council ADOPTED a Resolution of Recognition to REEVES E. JOHNSON upon his retirement after Forty-two years as a City employee and more particularly Director of General Services. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan* and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. *Verbal Aye September 24, 1984 26a RESOLUTION IN RECOGNITION TO REEVES E. JOHNSON WHEREAS: Sometimes in the forest, the tallest tree must fall. Yet, for every tree, there is a branch that reaches out and plants seeds of life. So it is that City Policy decrees the age of retirement and those who retire have planted many seeds of training, education and experience that strengthen the life line of municipal government; and, WHEREAS: REEVES EDWARD JOHNSON is a pioneer in municipal government having been the first to transmit finger printing and photography of prisoners for the Virginia Beach Police Department in the early 30's. After a short intermission in Florida, he returned to the Police and Fire Department in 1939 to again assist in identification functions. Until 1942, he was a "seasonal employee". Then, he became a Dispatcher and finally a Police Investigator and Identification Officer. In 1946, he was invited by FBI Director J. Edgar Hoover to attend their National Academy. Reeves was the FIRST Law Enforcement Officer from Virginia Beach/Princess Anne County to attend the FBI Academy. Subsequent to graduation in the 34th Academy Session, he became Chief of Police and one of his first accomplishments was to encourage City Council's ap- proval of two separate departments of fire and police. He served as Police Chief until the merger in January 1963--a period of sixteen years and the longest tenure in this position. With the merger, Reeves "changed hats" and was named to head the newly created Bureau of Safety in which he served seven years and then was made Inspection Engineer. Again, he shared his talents and was named Assistant to the Director of Communit'y Services until 1976 when he was appointed Director of General Services which administers five operations: Automotive Services, Land- scape Services, Printing and Mail Distribution, Employee Safety and Telecommunications for the Municipal Center. Reeves has served many professional organizations and chaired the Transportation Safety Commis- sion (a Council-appointive agency) from his first appointment in 1968 until now. He has enjoyed membership as a Presidential Key Holder in the Playboy Club International since 1967. He is a member of the First Baptist Church of Virginia Beach and this year is President of the Modlin Bible Class. His many close associates refer to him as "Chief"; and, indeed, few have acquired the respect and admiration that Chief Reeves Johnson commands. THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council pauses in its delibera- tions to recognize such a dedicated, tireless public servant; to express its sincere appreciation for the long continuous services that he has rendered the administration as well as every citizen in this City for the past forty-some years; and to congratulate REEVES E. JOHNSON. May the experience gained and the lessons learned compliment and bless his leisure living in retirement. Given under our hands and seals this Twenty-Fourth day of September, Nineteen Hundred Eighty-Four. Vice Mayor Mayor September 24, 1984 2 7 item II-J.3 CONSENT AGENDA 1TEM # 22566 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, CitY Council DEFERRED until the City Council Meeting of october 8, 1984, the following: ORDINANCE TO AMEND AND REORDAIN SECTIONS 2-129, 2-130, 2-131, 2-132, 2-133, 2-134, 2-136, 2-137, 2-138, and 2-139 of the CODE OF THE CITY OF VIRGINIA BEACII, VIRGINIA, PERTAINING TO GRIEVANCE PROCEDURES FOR CITY E@LOYEES. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanani and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. *Verbal Aye September 24, 1984 - 28 - Item II-J.4 CONSENT AGENDA ITEM # 22567 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance, on SECOND READING, to appropriate funds of $3,149.00 to the POLICE DEPARTMENT for equipment. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanant and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. *Verbal Aye September 24, 1984 - 28a AN ORDINANCE TO APPROPRIATE FUNDS OF $3,149 TO THE POLICE DEPARTMENT FOR EQUlPt4ENT WHEREAS, the Police Department has indicated the need for a video cassette recorder and video camera for recording interviews, interrogations, and confessions to be used in case preparations and court presentations, and WHEREAS, in addition, the Department desirea a recorder/transcriber to be used by the special lnvestigations [Init Lo transcribe different sizes of tape recordings obtained during drug investigations, and WHEREAS, the Department desires to utilize a local contribution of $3,149 from a private citizen for the purchase of this equipment. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of $3,149 are hereby appropriated to the Police Department for the purchase of video equipment needed by the Investigative Divison and transcribin? equipment needed by the Special Investigat:ions ljnit. BE IT FURTHER ORDAINED that local revenues be increased by $3,149 to finance the appropriation. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on 24 day of September 1984. FIRST READING: September 17, 1984 SECOND READING: September 24, 1984 Tf,m /? September 24, 1984 - 29 - Item II-J.5 CONSENT AGENDA ITEM # 22568 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance, on SECOND READING, to accept and appropriate $1,500.00 for the "BETTER BEGINNINGS" Program. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan* and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. *Verbal Aye September 24, 1984 - 29a - AN ORDINANCE TO ACCEPT AND APPRDPRIATE $1,500.00 F-OR THE BBGIMD"" PROGRAM the State t of Mental Health and Mental Retardation has made available a grant in the amount of $1,500.00 to the City's De t of Mental Health and Mental Retardation, and , this grant will be used to provide funding for the "Better Beginnings" progr-, and WHEREAS, this p@am will assist in the creation of a Virginia Beach coalition to reduce adolescent pregnancies and to inprove the outcomes of those adolescent pregnancies that do occur. NOW, BE IT BY THE MMIL OF THE CITY OF VI@IA BEACH, @INIA: That the City Manager is hereby authorized to accept the grant for the city, and funds are hereby appropriated for the following M/M "Better BegimiNs" Program $1,500.00 BE IT tbat appropriatims will be financed by $1,500.00 revenue frcn the State Departnient of Mental Health and Mental Retardation, with no local watch required. FIRSr @ING: September 17, 1984 SECOND READING: September 24, 1984 Adopted by the Council of the City of Virginia Beach, Virginia on the 24th._ day of September 1984. September 24, 1984 - 30 - Item II-J.6a.b.c. CONSENT AGENDA ITEM # 22569 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council APPROVED, on FIRST READING, the following Ordinances: ORDINANCE TO APPROPRIATE $7,311,135 FOR THE FY 1984-85 SCHOOL CAFETERIA ENTERPRISE FUND BUDGET; ORDINANCE TO APPROPRIATE FUNDS OF $5,647,141.00 FOR THE CITY OF VIRIGNIA BEACH SCHOOL PROGRAMS FUNDED BY SPECIAL GRANTS FOR SCHOOL YEAR 1984-85; AND, ORDINANCE TO APPROPRIATE FUNDS OF $2,256,800 FOR THE FY 1984-85 SCHOOL TEXTBOOK RENTAL FUND BUDGET. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanant and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. *Verbal Aye September 24, 1984 - 30a - AN ORDINANCE TO APPROPRIATE FUNDS OF $7,311,135 FOR THE FY 1984-85 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 1984-85 in order to comply with the Attorney General's opinion, and WHEREAS, the Cafeteria Enterprise Fund budget approved by the School Board on July 17, 1984 included total revenues of $7,311,135 and total disbursements of $7,311,135 for fiscal year 1984-85. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $7,311,135 be appropriated for a School Cafeteria Enterprise Fund budget in the manner approved by the School Board in its meeting of July 17, 1984. BE IT FURTHER ORDAINED that this appropriation be financed by Estimated Revenues in the Cafeteria Enterprise Fund of $7,311,135. 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 1984. PUBLIC HEARING: September 24, 1984 FIRST READING: September 24, 1984 SECOND READING: RATS/15-SCHOOLCAFE APPP.OVED AS TO CONTENT SIGNA'U7E DEPARTMENT T(3,FORM September 24, 1984 RNEY 30b - AN ORDINANCE TO APPROPRIATE FUNDS OF $5,647,141 FOR CITY OF VIRGINIA BEACH SCHOOL PROGRAMS FUNDED BY SPECIAL CATEGORICAL GRANTS FOR SCHOOL YEAR 1984-85 WHEREAS, the Virginia Beach School Board has been notified that it will receive funds of $5,647,141 through special state and federal categorical grants for the school year 1984-85, and WHEREAS, these funds were not included in the FY 1984-85 School Operating Budget approved by City Council, and WHEREAS, the School Board at its meeting on August 21, 1984 approved this funding and requests that City Council appropriate these funds, and WHEREAS, 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 $5,647,141 are hereby appropriated for school purposes for FY 1984-85 under the auspices of the following grants: Grant Source Amount Pay-for-Performance State $ 50,000 Remedial Education State 200,000 Chapter 1, P.L.97-35 Federal 3,508,908 Chapter II, P.L. 97-35 Federal 423,947 Title VI-B.P.L. 94-142 Federal 1,429,753 Title VI-C.P.L. 94-142 Federal 22,236 Title VI-C.P.L. 89-313 Federal 6,096 Transition Program for Refugee Children, P.L. 96-212 Federal 6,201 Total State and Federal Categorical Grants $ 5,647 l@41 BE IT FURTHER ORDAINED that this appropriation will be financed by $250,000 estimated revenue from the Commonwealth and $5,397,141 estimated revenue from the Federal Government, and BE IT FURTHER OFLDAINED that this appropriation is authorized subject to the expenditures being incurred with no local match. This ordinance shall be effective for the fiscal year beginning July 1, 1984. Adopted by the Council of the City of Virginia Beach, Virgi.nia on the day of 1984. Public Hearing: September 24, 1984 First Reading: September 24, 1984 September 24, 1984 Second Reading: - 30c - AN ORDINANCE TO APPROPRIATE FUNDS OF $2,256,800 FOR THE FY 1984-85 SCHOOL TEXTBOOK RENTAL FUND BUDGET WHEREAS, the Attorney General of Virginia has opined that School Board expenditures of funds generated by the rental of textbooks require an appropriation of the local governing body, and WHEREAS, the Virginia Beach School Board has 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 fund, and WHEREAS, the School Board has submitted a Textbook Rental Fund budget for FY 1984-85 in order to comply with the Attorney General's opinion, and WHEREAS, the Textbook Rental budget aporoved by the School Board on August 21, 1984 included total revenues of $2,256,800 and total disbursements of $2,256,800 for fiscal year 1984-85. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $2,256,800 be appropriated for a School Textbook Rental Fund budget in the manner approved by the School Board in its meeting of August 21, 1984. BE IT FURTHER ORDAINED that this appropriation be financed by Estimated Revenues in the Textbook Rental Fund of $2,256,800. 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 1984. PUBLIC HEARING: September 24, 1984 FIRST READING: September 24, 1984 SECOND READING: RATS/15-SCHOOLTEXT APPROVED AS TO CONYENT SfGN'AT,'J E DEPARTM ENT ID AS RM September 24, 1984 CIT, ATT.. - 31 - Item II-J.7 CONSENT AGENDA ITEM # 22570 Tipon motion by Councilwoman oberndorf, seconded by Councilwoman Creech, CitY Council ADOPTED an Ordinance to Transfer Capital Project funds of $304,420 for SITE ACQUISITION at FERRELL PARKWAY and INDIAN LAKES BOULEVARD. Voting: 10-0 Council Members Voting Aye: J.hn A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanani and Meyera E. oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S- *Verbal Aye September 24, 1984 - 31a - AN ORDINANCE TO TRANSFER CAPITAL PROJECT FUNDS OF $304,420 FOR SITE ACQUISITION AT FERRELL PARKWAY AND INDIAN LAKES BOULEVARD WHEREAS, the Master Street and Highway Plan indicates the future need for a major interchange at Ferrell Parkway and Indian Lakes Boulevard, and WHEREAS, two of the quadrants at the proposed interchange have been obtained by the city and the owner of the remaining quadrants has a contract to sell one for townhouse development, and WHEREAS, the owner has offered to sell the two quadrants to the city as indicated below at a total cost of $303,420 which is approximately the appraised value: Parcel 1 2.868 acres @$65,000/acre $186,420 Parcel 2 1.8 acres @$65,000/acre 117,000 Total $303 420 WHEREAS, in addition there are appraisal costs of $1,000 bringing the total site acquisition cost to $304,420, and WHEREAS, the necessary funds may be transferred from excess funds in completed projects 2-832 Weslevan Drive and 2-966 Inlynnview Road, and WHEREAS, the Department of Public Works requests that this property be purchased by the city in order to prohibit development that might jeopardize future construction of the interchange. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that capital project funds of $304,420 be transferred as enumerated below for the purpose of site acquisition for the future interchange at Ferrell Parkway and Indian Lakes Boulevard: Transfer From: 2-832 Wesleyan Drive $186,420 2-966 Inlynnview Road 118,000 Total Transfers From $304 420 Transfer To: 2-954 Ferrell Parkway Phase I-A $304,420 This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on 24 day of September 1984. ORIGINAL/28 September 24, 1984 - 32 - Item II-J.8 CONSENT AGENDA ITEM # 22571 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance to Transfer $150,000 of Capital Project Funds to Project #3-826 ENERGY CONSERVATION PROGRAM for an Additional Chiller for the Juvenile Court building expansion. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClananSS and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. *Verbal Aye September 24, 1984 - 32a - AN ORDINANCE TO TRANSFER $150,000 OF CAPITAL PROJECT FUNDS TO PROJECT #3-826 ENERGY CONSERVATION PROGRAM FOR AN ADDITIONAL CHILLER WHEREAS, the current Capital Improvement Program includes pro- ject 3-826 Energy Conservation Program for a comprehensive study of and modification to all structural, lighting, and mechanical systems in buildings at the Municipal Center, and WHEREAS, it has been determined that the present chiller capa- city at the central heat plant will not be adequate to accommodate the needs of the Juvenile Court Building once the expansion is completed, and WHEREAS, it is determined Lhat an additional chiller is needed and that it would be more economical to install the additional chiller at this time due to the ongoing construction at the heat plant, and WHEREAS, the cost of the additional chiller is estimated at $150,000 with such amount being available from project 3-616 City Garage Expansion, since that project is completed. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that capital project funds of $150,000 be hereby transferred from project 3-616 City Garage Expansion to 3-826 Energy Conservation Program for an additional chiller at the heat plant. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach on the 24 day of September 19 84 AP:)POVED AS TO CONTEN'T DE,IARTMENT APP IIPAST fLiStNATUc I I CITY ATTORNEY September 24, 1984 KAR/2 ORD20 - 33 - Item II-J.9 CONSENT AGENDA ITEM # 22572 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance authorizing the City Manager to execute an Agreement between the City of Virginia Beach and BELLAMY WOODS ASSOCIATES to participate in the design and construction of a clear span bridge across the Salem Canal within Bellamy Woods. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanani and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. *Verbal Aye September 24, 1984 - 33a - AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND BELLAMY WOODS ASSOCIATES TO PARTICIPATE IN THE DESIGN AND CONSTRUCTION OF A CLEAR SPAN BRIDGE ACROSS THE SALEM CANAL WITHIN BELLAMY WOODS. WHEREAS, BELLAMY WOODS ASSOCIATES is the developer of a tract of land in the Borough of Kernpsville, City of Virginia Beach, Virginia, commonly known and designated as the Subdivision of Bellamy Woods; and WHEREAS, a portion of the Salem Canal is located within the Subdivision of Bellamy Woods; and WHEREAS, the City desires a clear span bridge be constructed across the Salen Canal within Bellamy Woods to improve traffic flow in the subdivision; and WHEREAS, the City and Owner are willing to participate in the design and construction of said bridge, approach slabs, and other related improvements; and .4HEREAS, the cost of the improvement is estimated at $308,000 (2-010) and Bellamy Woods Associates agrees to pay the first $108,000; NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT the City Manager is hereby authorized to execute an agreement (a copy of which is attached hereto) between the City and Bellamy Woods Associates for the design and construction of said bridge. Adopted by the City of Virginia Beach, Virginia on the 24 day of Sei)tember 1984. September 24, 1984 33b THIS AGREEMENT, made this 18th day of September, 1984, by and between BELLAMY WOODS ASSOCIATES, a Virginia general partnership, hereinafter referred to as the "Owner", party of the tirst part, and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth ot Virginia, hereinafter referred to as the "City", party of the second part. WHEREAS, the Owner is the developer ot a tract of land in the Borough ot Kempsville, City of Virginia Beach, Virginia, commonly known and designated as the Subdivision of Bellan,y Woods; and WHEREAS, a portion of the Salem Canal is located within the Subdivision of Bellamy Woods; and WHEREAS, the City desires that a clear span bridge @e constructed across the Salem Canal within Bellamy Woods to improve traffic flow in the subdivision; and WHEREAS, the City and the Owner are willing to participate in the design and construction of said bridge, approach slabs and other related improvements subject to the following terms and conditions; NOW, THEREFORE, THIS AGREEMENT WITNESSETH: That for and in consideration of the premises and the mutual covenants and undertakings of the parties of this agreement, the parties hereto mutually agree each with the other as follows: September 24, 1984 33c 2 - 1. The Owner agrees to perform, or cause to be performed, such engineering, surveying, clearing, grading, street and bridge improvements, as may be necessary to construct a clear span bridge across the Salem Canal based on plans approved by the Engineering Division of the Department of Public Works of the City of Virginia Beach (hereinafter referred to as the "City Engineer"). 2. The Owner agrees to obtain all necessary Federal, State and local permits which may be required for the con- struction of the bridge, and the City agrees to assist the Owner in obtaining all such permits. The cost of obtaining any of said permits shall be considered a cost of the project. 3. To facilitate the construction of said bridge as hereinbefore described, the Owner has dedicated, or agrees to dedicate, to the City the necessary right-of-way for said bridge. 4. The Owner agrees to cause the contractor, as a part of the contract to construct the bridge and related improvements, to furnish a performance and payment bond in the amount of the contract for the work and a defect bond in an amount equal to ten percent (10%) of the contract for the work. Such bonds shall be with corporate surety, letter of credit, or other security approved by the City Attorney. Premium for said bonds shall be considered a cost of the project. September 24, 1984 33d 3 - 5. The Owner shall complete the construction of the bridge within twenty-four (24) months after the City authorizes the Owner to accept a bid and to award a contract for the construction thereof. Time is of the essence of this agreement; and in case the Owner shall fail to perform the agreements on its part to be performed, at the time fixed for the performance of such respective agreements by the terms of this agreement, the City may, at its election, terminate the agreement. 6. The Owner agrees to engage, and the City hereby approves the selection of, Engineering Services, Inc. and Parsons, Brinckerhoff, Quade and Douglas (hereinafter jointly and severally referred to as the "Professional Engineer") as the professional consulting and structural engineers for the design of the project. The Professional Engineer shall be paid a fee in the amount of Thirty-nine Thousand Dollars ($39,000) for their work in connection with the project. Said work shall include the preparation of a complete set of plans and specifications for the design of a clear span bridge across the Salem Canal connecting the subdivision known as Bellamy Woods Sections I and 11, preparation of the bidding documents, receiving and review of the bids, and a recommendation as to the award of a contract. The Professional Engineer shall submit the plans and specifica- tions to the City for review and approval and shall make such revisions to the plans and specifications as may be required by the City Engineer, prior to the plans and specifications and related documents being released for bid. The aforesaid design fee does not include the cost of obtaining soil borings which may be required by the Professional Engineer in preparing plans for the project, and the cost thereof which shall be considered a cost of the project. September 24, 1984 - 33e - -4- 7. In the event the CitY, in its sole discretion, determines that the total cost of the work is in excess of its budget therefor, the City may instruct the Owner to reject all bids and not to build the bridge. In such event, the City covenants and agrees to promptly refund to Owner all of its engineering costs and engineering expenses, paid or incurred, in connection with Owner's performance under this agreement and upon the payment by the City to the Owner of such costs and expenses, this agreement shall thereafter be deemed iipso facto null and void and of no further force or effect. 8. The Owner agrees to pay the first One Hundred Eight Thousand Dollars ($108,000) toward the cost related to the construction of the bridge, and the City agrees that it will pay all costs in excess thereof. It being the intent hereof that the total cost to the Owner will not exceed One Hundred Eight Thousand Dollars ($108,000). 9. After expenaing its share of the first costs ($108,000), the Owner will submit a monthly requisition for the work performed, which requisition shall be certified by the Professional Engineer and shall be subject to verification by the City's assigned Inspector wlio will monitor the progress of the work aud verify all quantities and construction items for payment. Notwithstanding the foregoing, payment shall be made by tlie City within thirty (30) days after receipt of the requisition. September 24, 1984 33f 5 - 10. The Owner agrees that it will, at its cost, install the street tie to the approach slab for the bridge as required by and approved by the City Engineer; however, such ties shall be of the same street design as is usual and customary for the streets within the Bellamy Woods Subdivision, any increase in the standard specifications for streets within the subdivision shall be considered a cost of the project. 11. The Owner hereby agrees, that, during the time of the construction of the bridge and any related improvements hereunder, it shall obtain and carry liability insurance in the amount of One Million Dollars ($1,000,000) combined single limit, naming the City as an additional insured which wi'll indemnify, defend and hold the parties hereto harmless from and against any and all loss, cost, damage or expense, including attorney's fees, arising out of claims for damage to property or personal injury or death to any person or persons, resulti,-Ig from or related to the construction of the bridge and any related improvements, until the date the bridge and othe!r rf.@lated work are accepted by the City for use by the public. The py.emium cost of liability insurance providing such coverage shall be an expense of the project. 12. The Owner agrees that after completion of the work, title in the bridge shall be vested in the City and that the Owner shall have no claim or ownership interest therein. 13. The City agrees that after completion of the work and before said bridge is opened to the public, such improvements shall become a part of the City's street system and the City shall thereafter be responsible for the maintenance and repair of such improvements. September 24, 1984 33g 6 - 14. It is further understood and agreed by the parties hereto that this agreement shall be construed, interpreted, and applied according to the laws of the Commonwealth of Virginia, and shall be binding upon the heirs, personal representatives, executors, devisees, and administrators, successors, grantees, and assigns of the parties hereto. IN WITNESS WHEREOF, BELLAMY WOODS ASSOCIATES, a general partnership, has caused its name to be hereunto signed by one of its General Partners, URBAN ASSOCIATES FOUR, a general partner- a virginia corporation, one ship, by Carolanne East Corporation, of its General Partners, by Stanley Waranch, President, and the CITY OF VIRGINIA BEACH, a municipal corporation of tlie Commonwealth of Virginia, has caused its name to be hereunto signed by its City Manager and attested by the City Clerk, duly authorized. BELLAMY WOODS ASSOCIATES, a general partnership By: URBAN ASSOCIATES FOUR, a general partnership, General Partner By: Carolanne East Corporation, a Virginia corporation, General Partner By: Stahley Waranch, Presiaen-t CITY OF VIRGINIA BEACH, VIRGINIA By: City Manager ATTEST: (SEAL) City Clerk September 24, 1984 33h 7 - STATE OF VIRGINIA City of Virginia Beach, to-wit: 1, Mary L. west, a Notary Public in and for the State of Virginia, do hereby certify that Stanley Waranch, President of Carolanne East Corporation, a General Partner of Urban Assc- ciates Four, a General Partner of Bellamy Woods Associates, a general partnership, whose name as such is signed to t@le foregoing writing, bearing date the 18th day of September, 1984, has acknowledged the same before me in said City and St,,t-e aforesaid. GIVEN under my hand this day of September, 1984. N3E-ary -f-uET-ic -- - ------ My Commission expires: February 7, 1988 STATE OF VIRGINIA City of Virginia Beach, to-wit: I- ------------------------- a Notary Public in and for the State of Virginia, do hereby certify that Thomas Ii. Muehlenbeck and Ruth Hodges Smith, City Manager and City Clerk, respectively, whose names as such are signed to the foregoing writing, bearing date the 18th day of September, 1984, have acknowledged the same before me in said City and State aforesaid. GIVEN under my hand this day of September, 1984. -------- Notary PuBT-ic -------- My Commission expires: September 24, 1984 - 34 - Item II-J.10 CONSENT AGENDA ITEM # 22573 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance authorizing the City Manager to execute an agreement concerning URBAN PRESERVATION AND INFILL COMMITMENTS. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan* and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. *Verbal Aye September 24, 1984 - 34a REQUESTED BY: THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT CONCERNING URBAN PRESERVATION AND INFILL COMMITMENTS WHEREAS, the City of Virginia Beach has applied to the Virginia Housing Development Authority for mortgage financing for purchasers of single family dwelling units which are eligible under the Urban Preservation and lnfill Program; and WHEREAS, subject to the terms and conditions of the one agreement attached hereto, the Virginia Housing Development Authority will reserve for the City of Virginia Beach Two Million and Seven Hundred Thousand Dollars ($2,700,000.00) to be used to provide mortgage loan financing under the Authority's Residential Mortgage Program for persons and families of low and moderate income who purchase single family dwelling units eligible under the Urban Preservation and lnfill Program. WHEREAS, the City of Virginia Beach wishes to accept such reservation of funds. NOW THEREFORE, BE IT ORDAITIED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA That the City Manager is hereby authorized to enter into an agreement with the Virginia Housing Development Authority for the reservation of Two Million and Seven Hundred Thousand Dollars ($2,700,000.00) for mortgage financing for purchasers of single family dwelling units who are eligible under the Urban Preservation and infill Program. Said agreement is attached hereto and incorporated by reference. Adopted by the Council of the City of Virginia Beach, Virqinia on the 24 day of September, 1984. APPROVED AS TO CONTENT: VKOVW AS To MW W/@@ - - Direct partment 6,T n nd Communitf'Development September 24, 1984 - 35 - Item II-J.11 CONSENT AGENDA ITEM # 22574 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council APPROVED the Low Bid of W. B. MEREDITH, II, INC., in the amount of $710,000.00 for the HUMAN RESOURCES BUILDING RENOVATION (CIP 3-938); AND, AUTHORIZED the City Manager to enter into the necessary agreements for the implementation of this project. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanani and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. *Verbal Aye September 24, 1984 - 36 - Item II-J.12 CONSENT AGENDA ITEM # 22575 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council APPROVED the Proposal of ALEX. BROWN & SONS, INC., for the lease/pur- chase of various equipment totalling $470,759.63 (DATA PROCESSING DEPARTMENT $368,333.00; DEPARTIIENT OF PUBLIC WORKS - $102.426.63); AND, Authorized the City Manager to enter into the necessary agreements for the lease/purchase of this equipment. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan* and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. *Verbal Aye September 24, 1984 - 37 - Item II-J.13 CONSENT AGENDA ITEM # 22576 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, CitY Council APPROVED the following RAFFLE PERMITS: CATHOLIC DATJGHTERS OF THE A14ERICAS OCEAN PARK WOMEN'S CLUB Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanani and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. *Verbal Aye September 24, 1984 - 38 - Item II-J.14 CONSENT AGENDA ITEM # 22577 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance authorizing Tax Refunds upon application of certain persons in the amount of $6,586.55 and upon certification of the Treasurer of Virginia Beach for payment. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan* and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. *Verbal Aye September 24, 1984 38a FINI NO. C.A. 7 9/6/84 Emc AN ORDINANCE AUTFIORIZING 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: -1@lint tlie following applications for t,,Ix i,oftitids upoii cprtification of the Treasurer are hereby approved: NAME Ttx Type Ticket Exonera- Date Penalty Int. Total Ye-.tr of Ttx Niiiitber tion No. Paid Lincoln Service Corp 84 RE(1/2) 11356-6 2/14/84 538.15 Lincoln Service Corp 84 RE(2/2) 11356-6 6/26/84 529.74 Lake Janies Honies Assoc 84 RE(1/2) 49217-5 12/5/83 31.36 Lake Jaiiies Hoiiies Assoc 84 RE(2/2) 49217-5 5/25/84 31.36 Thonias M Aiiiiions 1II 84 RE(2/2) 85817-3 4/16/84 61.48 Atlantic Periiianent S &L 84 RE(2/2) 98846-1 8/8/84 12.28 Charles D &Janet H Griffith 84 RE(2/2) 34194-4 8/29/84 12.06 Charles D &Janet 1-1 GriFfith 84 RE(2/2) 34195-3 8/30/84 117.00 James Smith 84 RE(1/2) 80310-6 11/25/83 74.00 James Smith 84 RE(2/2) 80310-6 6/5/84 74.00 James Sniith 83 RE(1/2) 75715-8 12/5/82 74.00 Jaiiies Siiiith 83 RE(2/2) 75715-8 5/31/83 74.00 James Smith 82 RE(1/2) 73153-3 12/2/81 52.20 James Smith 82 RE(2/2) 73153-3 5/24/82 52.20 Jaiiies Siiiith 81 RE(1/2) 70166-5 11/20/80 48.58 Janies Sniith 81 RE(2/2) 70166-5 6/5/81 48.58 R G Moore Bldg Corp 84 RE(2/2) 60406-3 6/5/84 722.44 Lakeside Construction Corp 84 RE(2/2) 49250-3 5/30/84 293.28 liarold W Crawford 83 pp 188040-3 12/30/83 4.67 J R & G K Jasinowski 84 pp 78285-0 6/5/84 13.50 Lester V Mitchell 83 pp 192488-4 3/19/84 12.24 Alexander F Kalasinsky 84 pp 82485-0 6/5/84 243.00 The Breeden Company 84 pp 17294-7 6/5/84 3,149.10 James H Pritchard N/A Pkng 71836 8/8/84 12.00 Mildred M Whitehurst N/A Pkng 71530 8/9/84 10.00 Total 6,291.22 This ordinance shall be effective from date of adoptioli- The a'bove abatenient(s) totaling c -- $6,291. 22--.-- wero approved by the Council of the City of Vit'ginia Beach on the 24 day of September, 1984 J( A Ruth Hodges Smith City Clerk Se tember 24 1984 OnM NO, (,,A. 7 38b - 9/12/84 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICAflON OF THE TREASURER FOR PAYMENT 13[z- I l' OIIDAINED E3Y -1-HE COUNCIL OF THE ciTY OF V]RGINIA BEACH, VIRGINIA: Tliat tlie followiiig applications for tax refunds upon certification of the Treasurer are hereby approved: NAME T,-tx Type Ticket Exoitera- Date Penalty Int. Total Year of T,-ix Niiiitber tion No. Paid Atlantic Peyflianent S & L 84 RE(2/2) 98896-0 8/8/84 69.84 Atlantic Periiianent S & L 84 RE(2/2) 97068-4 8/1/84 133.39 Cliarlestowne Corp 84 RE(2/2) 14958-2 5/22/84 37.28 Consolvo, Markowitz & Webb 84 RE(1/2) 8484-7 12/5/83 46.00 Joseph Addington 84 pp 959-9 5/9/84 8.82 Total 295.33 This ordinance shall be effective from date of adoption. Tile al)ove abatement(s) totaling c @-- were approved by tlie Council of the City of Virginia Beacli on tlie 24day of - $eptember,1984 asurer AI)ptoved is to foriii: lltilli liodg(,,,3 Siiiiili C i ty C I erl( J. Dale Bimson, City Attorney - 39 - Item Il-K.1.2.3 APPOINTMENTS ITEM # 22578 BY CONSENSUS, City Council RESCHEDULED until the City Council Meeting of October 8, 1984 the following APPOINTMENTS: ARTS & HUMANITIES COMMISSION PERSONNEL BOARD *APPOINTMENTS for the BOARD OF PLUMBING & MECHANICAL APPEALS was incorrectly listed on City Council's Agenda. September 24, 1984 - 40 - Item II-L.1 UNFINISHED BUSINESS BACK BAY MANAGEMENT PLAN ITEM # 22579 ADD-ON Councilwoman Henley advised of a PUBLIC WORKSHOP of the Back Bay Study Committee on September 18, 1984, which was well attended and received favorable response. The public wished the recommendations of the BACK BAY MANAGEMENT PLAN implemented. Councilwoman Henley referenced that two of the areas in which immediate steps should be taken are the replanting of aquatic plants and vegetation and relocation of the Salt Water Pump. Councilwoman Henley believed the planting should be done in late winter or early spring and the design and relocation of the pump should occur after its repair during the winter before it is reinstalled for another season. Same would entail a great deal of preparation in the proposal for funding. As per Councilwoman Henley's recommendation, City Council, BY CONSENSUS, requested the Staff contact the firm of JASON CORTELL to prepare a Request For Proposal (RFP) and cost estimate for these two projects. September 24, 1984 - 41 - Item II-M. I NEW BUSINESS VETERANS DAY NOVEMBER 12, 1984 ITEM # 22580 Upon motion by Councilwoman Creech, seconded by Councilwoman Henley, City Council CANCELLED the Meeti,,g of November 12, 1984 (VETERANS DAY). Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. September 24, 1984 - 42 - Item II-M.2 NEW BUSINESS CHIMNEY HILL LAND COMPANY/WAIVER OF CONDITION ITEM # 22581 Upon motion by Councilwoman Creech, seconded by Councilman Jennings, City Council SCHEDULED for Advertising and the Regular City Council Meeting of october 15, 1984, the WAIVER of CONDITION #2 ("Limited to a height of 36 feet") in the application of CHIMNEY EILL LAND COMPANY for a Conditional Use Permit for Housing of the Elderly -- Chimney Hill Parkway/Holland Road (Kempsville Borough) (Approved September 6, 1983) Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentressi Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. *Verbal Aye September 24, 1984 - 43 - Item II-M,3 NEW BUSINESS NLC STEERING COMMITTEE/ TRANSPORTATION/COMMUNICATIONS ITEM # 22582 ADD ON Councilman Robert Jones referenced he had been appointed a Member of the STEERING COMMITTEE regarding TRANSPORTATION/COMMUNICATIONS of the NATIONAL LEAGUE OF CITIES. Councilman Jones advised the meeting of this Steering Conmittee was held in Fort Worth, Texas on September 20, 1984, through September 22, 1984. The areas of concern discussed at this Meeting were: (1) Mass Transportation, (2) Cable Communications; and, (3) Telephone De- regulations. Councilman Jones further noted that there is a large amount of Federal funds available in the mass transit area, because of the one cent gasoline tax that has generated a tremendous excess revenue. There was a great deal of concern expressed about the contribution of Local and Federal Funding in the area of mass transportation and the amount of funding that should be extended by the user of the mass transit facilities. The National Cable Association is meeting today, September Twenty-fourth, and will decide their legislative strategy. It will be an advantage for them to have areas of legislation on the books, in order that they may have some rights involving renegotiations or renewal of contracts. Apparently the franchise agreements that have been reached with the Cable Companies around the country might not be valid. The Third area discussed at the Steering Committee was the telephoning deregu- lation, which involved the complexities resulting by the move to break up Atlantic Telephone and Telegraph. September 24, 1984 - 44 - Item 11-M.4 NEW BUSINESS REMOVAL OF POTTER'S SAND FENCE ITEM # 22583 ADD ON The City Manager referenced that he had been advised by the Director of Public Works, that W. F. MAGANN CORPORATION, the Contractor for the re- moval of POTTER'S SAND FENCE, had to cease work. only time work may be resumed is in early Spring or Summer. Another recommendation will be forwarded to City Council. September 24, 1984 - 45 Item II-N. I ADJOURNMENT Upon motion by Councilman Jennings, City Council ADJOURNED the meeting at 9:22 p.m. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Ii. Jack Jennings, Jr Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Beverly ff.1 Hooks Deputy City Clerk Ruth-Hodges Smieb, CMC Yr liar.1 City Clerk City of Virginia Beach, Virginia /bh September 24, 1984