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HomeMy WebLinkAboutSEPTEMBER 17, 1984 MINUTES City- c)f "WORLD'S LARGEST RESORT CITY" crry COUNCIL MA YOR HAROLD HEISCHOBER, At L.@g, VICE-MA YOR RFBA S. M@CLANAN. Pi-,., A.- B-gh JOHN A. SAUM, Blk-I., B-gh NANCY A. CREE!Cff. At L.,g- ROBERT E. FENTRESS, Vi,@k B,.h B-gh BARBARA M. HENLEY. P..@ B-gh H. JACK JENNINGS, JR.. L@@.. B-gh LOUIS R. JOARES. Bv@ B-gh ROBERT G. JONES. At L.@g. J. HENRY M@COY. JR., K,.p.WU B-gh MEYERA E, OBERNDIORF, Al L.,V. $81 CrrY HALL BUILDING MTJNICIPAL C@ RU7'H HODGES SURTH, CMC. City Cl,,k CITY COUNCIL AGENDA VIRGINIA @ CH, VIRGINIA &U$6-00 18041427.4JO3 September 17, 1984 Virginia Beach City Council ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 1:00 p-m- A. CALL TO ORDER - Mayor Harold Heischober B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2:00 p.m. A. INVOCATION: Reverend David C. Tysinger Aragona Church of Christ B. PLEDGE OF ALLEGIANCE TO THE FLAG OF TRE 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 MATTERS - Mayor/Council F. MINUTES OF PREVIOUS MEETING 1. Motion to accept/approve the Minutes of September 10, 1984. G. PRESENTATIONS/PROCLAMATIONS 1. Certificate of Conforaance in Financial Reporting - Giles G. Dodd, Assistant City Manager for Administration 2. HealthFest Day - September 22, 1984 3. Kiss Your Baby Week/National Cystic Fibrosis Week - September 16-22, 1984 4. Jail Ministry Week - September 16-22, 1984 H. PLANNING 1. Ordinance closing, vacating and discontinuing portions of Ilth Street, Avenue S, Avenue T, Avenue U, and Avenue V in the petition of Affordable Hoses, Inc. (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission, and the Viewers concur, for approval. 2. Ordinance closing, vacating and discontinuing a portion of Second Street in the petition of Runnymede Corporation (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission, and the Viewers concur, for approval. 3. Application of R. M. M., Inc. for a variance to Section 4.4(b) of the Subdivision ordinance which requires that lot dimensions conform to the Comprehensive Zoning Ordinance. The applicant wishes to subdivide a 16.69-acre parcel into 16 lots. The site is located at the northern end of Harris Road fronting on the Lynnhaven Bay (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 4. Application of Willian A. and Barbara S. Shaw for a variance to Section 4.4(b) of the Subdivision Ordinance which requires that lot dimensions conform to the Comprehensive Zoning Ordinance. The applicants wish to subdivide a 14,900-square foot (.342 acre) parcel into two lots. The site is located 108 feet west of the intersection of Kings Arms Drive and Bow Creek Boulevard (Princess Anne Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 5. Application of Lakeside Construction Corporation for a modification of design standards with respect to Section 4.1 of the Subdivision Ordinance for Red Mill Farm, Section 8 (Princess Anne Borough) a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. 6 - Application of William H. Thusel, Jr. for a conditional use permit for an automobile service and repair facility on a 20,000-square foot parcel located on the north side of Virginia Beach Boulevard, east of Newtown Road (Bayside Borough) a. Letter from the City Manager transmits the recommendation of the Planning Commission for withdrawal. 7. Application of Woodrow Coit for a conditional use permit for a duplex on a 5,086-square foot parcel located at the no@thwest intersection of Cypress Avenue and 15th Street (Virginia Beach Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 8. Application of Ava J. Alderson for a conditional use permit for a day care center-kindergarten on an 11,341-square foot parcel located at 512 General Booth Boulevard (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 9. Application of Shell Oil Company for a conditional use permit for a car wash on 23,261-square foot parcel located at the northwest corner of Shore Drive and North Great Neck Road (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 10. Application of Hudgins Real Estate for a change of zoning from R-6 Residential District to 0-1 Office District on a 17,424-square foot parcel located at 3704 Pacific Avenue (Virginia Beach Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 11. Application of Sidney C. and Kyoko I. Arnold for a change of zoning from R-8 Residential District to 1-1 Light Industrial District on a 16,449.59-square foot parcel located east of London Bridge Road along the south side of Terrell Avenue (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. 12. Application of Newtown Developers for a change of zoning from R-6 Residential District to R-8 Residential District on a 1.6-acre parcel located on the south side of Glen Brook Drive, east of Lawrence Drive (Bayside Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. 13. Application of Pickett Road Associates for a change of zonin from R-6 Residential District to R-8 Residential District on a two-acre I long t e eat ide of Lawrence Drive at the eastern extremity of Daniel Smith Road (Bayside Borough). a. Letter from the City Manager transmits the recommendation Of the Planning Commissio. for denial. 14. Application of John L. Lilly for achange of zoni from R-6 Residentia1District to 0-1 t on a I 6_.q. @ foo --- 37,46t-r t parcel loca ide of Alber ha. Lane, t of North Lynnhaven Road (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. RESOLUTIONS/ORDINANCES 1. Industrial Development Revenue Bonds a. Seay Associates - $700,000 b. Fountainhead of Virginia Beach, Inc. - $7,000,000 c- CSG Diamond - $6,500,000 d. Regency Investments office Building - $3,000,000 e. Giant Square Associates Facility - $1,700,000 f. Gerald Yagen - $2,135,000 2. Special Revenue Bonds a. Resolution approving the issuance Of SPecial Revenue Bonds through the Portsmo,th Redevelopment and Ho.Sing Authority to Regency Apartments Associates in the amount of $32,000,000. b. Resolution approving the issuance of Special Revenue Bonds through the Portsmouth Redevelopment and Housing Authority to K, L & S Associates in an amount not to exceed $3,000,000. C. Resolution approving the issuance of Special Revenue Bonds through the Newport News Redevelopment and Housing Authority to Lisa Square Associates in the amount of $1,800,000. 3. General a. Resolution of the Council of the City of Virginia Beach requesting that the State Corporation Commission de,y the right to the Chesapeake and Potomac Telephone Company to offer local telephone lines to businesses that transmit sexually explicit tape recordings to callers for a fee. 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 requiring City departments to notify one owing a debt to the City of his past due account, where appropriate to establish installment payment arrangements, to collect and maintain current information about the debtor including but not limited to his address and telephone number, and by a demand for payment letter notify the debtor that the debt will be referred to the Office of the City Attorney for legal action, and finally to refer debts owed the City to the Office of the City Attorney within one year from the date the debt was incurred. 2. Ordinance to transfer $56,500 from Water and Sewer Fund Reserves for replacement of the Magic Hollow Subdivision Sewer Force Main. 3. Ordinance., on SECOND REKDING, to accept and appropriate $127,100.00 from the U. S. Department of ]lousing and Urban Development for Rental Housing Rehabilitation. 4. Ordinance, on SECOND READING, to appropriate funds of $10,000 for the Shakespeare Festival Program. 5. Ordinance, on SECOND READING, to appropriate $5,292,960 for Fiscal Year 1985 for the payment of purchase orders brought forward from Fiscal Year 1984. 6. Ordinance, on FIRST READING, to appropriate funds of $3,149 to the Police Department for equipment. 7. Ordinance, on FIRST READING, to accept and appropriate $1,500.00 for the "Better Beginnings" Program. 8. Low bid of Suburban Grading and Utilities, Inc., in the amount of $371,306, for the Small Line Improvements Project; AND, authorize the City Manager to enter into the necessary agreements for the implementation of this project. K. APPOINTMFNTS 1. Mosquito Control Commission 2. Wetlands Boards L. UNFINISHED BUSINESS M. NEW BUSINESS 1. Request of Robert Fanney for removal of a requirement placed on a change of zoning in the application of Residential- Commercial Investors, Inc., approved by City Council on April 17, 1972 on property located at the southwest intersection of Shore Drive and South Oliver Drive (4877 South Oliver Drive). N. ADJOURNMENT 1. Motion to adjourn. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 17, 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 17, 1984, at 1:00 in the afternoon. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Councl Members Absent: Robert G. Jones, and J. Henry McCoy, Jr., D.D.S. *Councilman Robert G. Jones entered the Executive Session at 1:20 p.m. Councilman J. Henry McCoy, Jr., D.D.S. entered the Executive Session at 1:02 p.m. September 17, 1984 - 2 - ITEM # 22500 Mayor Heischober entertained a motion to permit Council to conduct its EXECU- TIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes, to be followed by the REGULAR MEETING. 1. PERSONNEL MATTERS; Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the 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. LEGAL MATTERS: Consulation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council voted to proceed into the EXECUTIVE SESSION, to be followed by the REGULAR SESSION. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones, and J. Henry McCoy, Jr., D.D.S. September 17, 1984 - 3 - R E G U L A R S E S S I 0 N VIRGINIA BEACH CITY COUNCIL September 17, 1984 2:00 p.m. Mayor Harold Heischober RECONVENED the Regular Session of the Virginia Beach City Council in the Council Chambers, City Hall Buidling, on Monday, September 17, 1984, at Two O'Clock in the afternoon. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Absent: None INVOCATION: Reverend David C. Tysinger Pastor Aragona Church of Christ PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA September 17, 1984 - 4 - CITY MANAGER'S ADMINISTRATIVE AGENDA Item II-D.1 INTERNATIONAL CITY MANAGER'S ASSOCIATION ITEM # 22501 Mayor Heischober ANNOUNCED that the Assistant City Manager for Administration Giles Dodd, would be substituting for the City Manager, who is attending a Conference of the INTERNATIONAL CITY MANAGER'S ASSOCIATION in San Antonio, Texas. Item II-D.2 CONSENT AGENDA PURCHASE ORDERS FROM FISCAL YEAR 1984 ITEM # 22502 Councilman Robert Jones referenced an Ordinance, on SECOND READING, to appropriate $5,292,960 for Fiscal Year 1985 for the payment of PURCHASE ORDERS brought froward from Fiscal Year 1984 (See Item II-J.5 of the Consent Agenda). Councilman Jones inquired as to whether funds had been allocated in anticipation of bills being brought forward from previous years. Giles Dodd, Assistant to the City Manager for Finance, advised Councilman Jones that these aforementioned Purchase Orders were for goods that have not been received and the balances have been appro- priated from those accounts into the Fiscal Year 1985. All projections for surplus have been considered. September 17, 1984 5 Item II-F. 1 MINUTES ITEM # 22503 Upon motion by Councilman McCoy, seconded by Councilwoman Henley, City Council APPROVED the Minutes of September 10, 1984, with corrections as follows: Page 10 - ITEM # 22451 (ORDINANCE UPON APPLICATION OF THOMAS C & HELEN B. OSMUNDSON AND KEHILLAT BET HAMIDRASH (KEMPS- VILLE CONSERVATIVE SYNAGOGUE FOR A CONDITIONAL USE PERMIT) REPLACE the word Conservation with Conservative. This was a typographical error in the second paragraph, third line and in the fifth paragraph, third line as follows: "Upon motion by Councilman McCoy, seconded by Council- woman Oberndorf, City Council ADOPTED an Ordinance upon application of THOMAS C. AND HELEN B. OSMUNDSON AND KEHILLAT BET HAMIDRASH (Kempsville Gonsetvat-iott Conservative Synagogue) for a Conditional Use Permit per the To-Ilowing:" "Ordinance upon application of Thornas C. & Helen B. Osmundson and Kehillat Bet Hamidrash (Kempsville Conservative Synagogue) for a Conditional Use Permit ........ AND, City Council AMENDED the following: Page 15 ITEM # 22456 (ORDINANCE UPON APPLICATION OF C & F ENTERPRISES, A VIRGINIA GENERAL PARTNERSHIP, FOR A CONDITIONAL USE PERMIT) ADD the words "but not limited to" after the word "including" in the following condition: 3. Limited to "storage" of recreational vehicles including but not limited to boats, trailers, automobiles and motorcycles -- no abandoned or junk vehicles. AND, City Council corrected the following: Page 23 ITEM # 22462 (ORDINANCE UPON APPLICATION OF SAMUEL SANDLER, HARRY SANDLER, ALLEN J. GORDON, DANIEL GORDON, AND TAVIA F. GORDON FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION) REPLACE the word ADOPTED with DENIED in the following para- graph, "Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADGPTED DENIED an Ordinance upon application of SAMUEL SANDLER, HARRY SANDLER, ALLEN J. GORDON, DANIEL GORDON AND TAVIA F. GORDON for a Change of Zoning per the following:" September 17, 1984 6 Item Il-F. I MINUTES ITEM # 22503 (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 17, 1984 7 Item II-G.1 PRESENTATION ITEM # 22504 Mayor Heischober PRESENTED THE CERTIFICATE of CONFORMANCE IN FINANCIAL REPORTING to Giles Dodd, Assistant City Manager for Administration and Robert Hayes, Comptroller for the Finance Department. This CERTIFICATE OF CONFORMANCE had been presented to the City of Virginia Beach by the GOVERNMENT FINANCE OFFICERS ASSOCIATION of the United States and Canada. The City of Virginia Beach's comprehensive annual financial reports (CAFR'S) were judged to substantially conform to program standards. September 17, 1984 - 7a - Certificate of Conformance in Financial Reporting Presented to City of Virginia Beach, Virginia For its Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 1983 A Certificate of Conformance in Financial Reporting is presented by the Government Finance Officers Association of the United States and Canada to governmental units and public employee retirement systems whose comprehensive annual financial reports (CAFR's) are judged to substantially conform to program standards. SEAL Arthur A. Blasenfeld President Jeffrey L. Esser Executive Director September 17, 1984 8 Item II-G.2 PROCLAMATION ITEM # 22505 Mayor Heischober PROCLAIMED Saturday, September 22, 1984, as HEALTHFEST '84 DAY This Proclamation recognized the theme of HealthFest "84 as "awareness for increased responsibility of individuals for their own health and well-being". Dr. Michael F. LaBouve, Provost of Tidewater Cormunity College, Dr. George Sjolund, Director of Public Health, and Jo Downs, Vice-President of Virginia Beach General Hospital accepted the PROCLAMATION. September 17, 1984 - 8a - 4b ria.rt;am;attjon WHEREAS, TideunteA Community Cottege, the Vi4ginia Beach Heat;th Depa4tment and Vi4ginia Beach Gene4at Ho.6pitat a4e co-,6ponao4ing the ii6th annuat V4@Aginia Beach HeatthFe,6t on SatUAday, SeptembeA 22,on the g4oundA oS Vi4ginia Beach Gene4at Ho-6 pit4t; and WtffREAS, the theme o6 HeatthFmt 184 i,6 "a,4u4enem 6o4 ineAea,6ed Ite'spon4ibitity o6 individuat-6 go4 thei4 own heatth and vxtt-being"; and WHEREAS, the HeatthFe,6t 6eekA to p4ovide the comiunity with po,6itive appLoache,6 tma4d the maintenance oi heatth, both mentat and phy,6icat; and WHEREAS, va4iou,6 AC4eening,6 witt be p4ovided zuch a-6 btood p4@e; 6t4oke; o4at, 6kin and coton-/Lectat c4neeA,6, vi6ion, heaLing and 6t4@--ja,6t to name a 6ew; and WHEREAS, 30 agencie,6 a4e paitticipa;ting this yea4 with 45 event6 and di.6ptay-6, Auch a-6 ae4obic exe4ei,6e demon-6t4ation,6, 6i4e 6a6etu demon,6t4ationA, a 6ive kitomete4 4un, a ptay heatth cente4 whe4e chitd4en b4ing dot6 and,6tu66ed animat,6 6o4 a "cheek- UP 't and, a,6 a .6peciat attaaction, the emeagency heticopte4 "Mightingate". NOW, THEREFORE, 7, Ha4otd Hei,6chobe4, Mayo4 o6 the City oi ViAginia Beach, do heAeby piloctaim Satu4day, Septembe4 22, 1984 a,6 HEALTHFEST 184 DAV in ViLginia Beach and uage out citizena to b4ing thei4 Samity, neighbo44 and S4iend,6 to an in6o4mative day oi "heatthy 6un" at the HeatthFe,6t. IN WITNESS WHEREOF, I have he4eanto 6et my hand and cau,6ed the Seat oA the City o6 Vi4ginia Beach to be a6iixed thi6 Seventeenth day o6 Septembe4, Nineteen Hand4ed and Eighty-6oa4. Ha4otd He4Achobe4 Mayo4 September 17, 1984 9 Item II-G.3 PROCLAMATION ITEM # 22506 Mayor Heischober PROCLAIMED the week of September 16-22, 1984 as: KISS YOUR BABY WEEK/NATIONAL CYSTIC FIBROSIS WEEK This Proclamation recognized Cystic Fibrosis, as the number one genetic killer of children and young adults in the United States and as a crippling, debilitating lung and digestive disease. Parents can help discover Cystic Fibrosis by kissing their children to detect the symptom of a strong salty taste of the skin. Mrs. Davida Medeiros, her son Jeramy (a victim of Cystic Fibrosis),and Charlie Martak, President of the Tidewater Chapter of Cystic Fibrosis, accepted the PROCLAMATION. September 17, 1984 9a - WHEREAS, Cy.6tic Fib4o4", the numbe4 on,e genetic kitte4 o6 chitd4en and young aduttA in the Un4@ted State,6, i,6 a ctippting, debilitating tung and digestive di,6ea-6e; and WHEREAS, ea4ty di4gnoz" and t4eatiment a4e @entiat to p4eventing tung damage and tengthening the tive,6 o6 the thou-6an" o6 AmeAican chitd4en who 4u66e4 with Cyztic Fib4o @ ; and WffREAS, pa4entA C4n hetp di,6cove4 CyAtic Fib4o,6i,6 by lzi,6@g thei4 chitd4en to detect the 6ymptom oS a 4tAong 6atty ta,6te oS the 6kin; and WHEREAS, "Kim You4 Baby WeekINationat Cy,6tic Fib4oSi,6 Week", .6pon-6o4ed by the tocat chapte44 o6 the Cyztic Fib4o4" Foundation, i,6 de,6igned to hetp pa4enta 4ecognize the Aignz o6 Cyztic Fib4oAi4. NOW, THEREFORE, 1, Ha4otd Hei6chobeA, MayO4 Oi the City oi Vi4ginia Beach, do heaeby p4octaim the cmek oi Septembe4 16-22, 1984 a,6 KISS YOUR BABY WEEKINATIONAL CYSTIC FIBROSIS WEEK and uage att citizen,6 to join with me in tea4ning the .6ign-6 o6 Cy.6tic Fib4o@ IN WITNESS WHEREOF, I have he4eunto Aet my hand and cau,6ed the @t o6 the City o6 Vi4ginia Beach to be a6iixed thi,6 Seventeenth day o6 Septembe4, Nineteen Hund4ed and Eighty-FouA. Ha4otd Hei6thobe4 Mamo4 Septemb@r 17, 1984 - 10 - Item II-G.4 PROCLAMATION ITEM # 22507 Mayor Heischober PROCLAIMED the week of September 16-22, 1984 as: JAIL MINISTRY WEEK IN VIRGINIA BEACH This Proclamation recognized the GOOD NEWS MISSION as a ministry to prisoners and the success of this program is dependent upon our community awareness and involvement. Norman R. Sachs, Secretary of Men's Counsel for GOOD NEWS MISSION, Kent Garner, Chaplain, and H. Rives King, Assistant Chaplain,accepted the PROCLAMATION. September 17, 1984 - 10a WREREAS, the VIRGINIA BEACH JAIL receives approximately 7,400 comotitments annually for confinement; and WHEREAS, 99% of those incarcerated will return to society and of these, over 60% will be imprisoned again, most within three years of release; and WHEREAS, the kind of person they are will be influenced by the treatment and remedies offered, becomes the concern of our coo=nity; and WHEREAS, members of the various faiths are encouraged in their tradition to minister to prisoners; and WHEREAS, the GOOD NEWS MISSION is a ministry to prisoners, ex- offenders, and their families; and the GOOD NEWS MISSION is the largest supplier of prison chaplains in the United States; and WHEREAS, over 90% of the men, women and young peoples who make professions of faith and go through the discipleship program, never get into trouble again, EVER; and WHEREAS, the operation and success of this program is dependent upon our community awareness and involvement; and WHEREAS, the citizens of our local area are urged to become involved in our ministry to these institutions, and in the ministering to the needs of prisouers; NOW, THEREFORE, I, HAROLD HEISCROBER, Mayor of the CITY OF VIRGINIA BEACH, do hereby prgclaim the week of SEPTEMBER 16, 1984 as JAIL MINISTRY WEEK IN VIRGINIA BEACH and urge that all, especially religious bodies, to offer special prayer, study and discipleship and participation to the needs of those comitted to our local jail. Given under my hand this Seventeenth day of September, Nineteen Hundred Eighty-Four. Mayor September 17, 1984 Item IT H.1 PLANNING ITEM 22508 V. Alfred Etheridge, Jr., represented the applicant Dick Meechan, resident of Old Forge Road, represented homeowners, and registered as NEUTRAL, but did not speak. Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council APPROVED, subject to Final Approval in 180 days, an Ordinance for the discontinuance, closure and abandonment of portions of lith Street, Avenue S, Avenue T , Avenue U, and Avenue V in the petition of AFFORDABLE HOMES, INC. Application of Affordable Homes, Inc., for the discon- tinuance, closure and abandonment of portions of llth Street, Avenue S, Avenue T, Avenue U and Avenue V as shown on plat of "East Norfolk Annex" recorded in Map Book 4, Page 258. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. The following conditions shall be required: *1. The ultimate disposition of this right-of-way shall be by means of purchase rather than direct conveyance to the adjoining property owner, subject to determination by the City Attorney's Office. 2. Resubdivision of the property and vacation of internal lot lines to incorporate the closed area into adjoining parcels, as well as to insure that all lots have access to a public street. 3. The closure of this right-of-way shall be contingent upon compliance with the above stated conditions within 180 days of the approval by City Council. *The City Attorney will advise Council whether the City has fee simple. 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: September 17, 1984 None lla - ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUANCE PORTIONS OF THOSE CERTAIN STREETS OF VARIABLE WIDTH KNOWN AS llth SIREEI, AVENUE S, AVENUE T, AVENUE U. AND AVENUE V, LOCATED IN THE KEMPSVILLE BOROUGH OF IME CITY OF VIRGINIA BEACH, VIRGINIA, A@ SHOWN ON THAT CERTAIN PLAT ENTITLED "PLAT SHOWING STREETS TO BE I CLOSED IN EAST NORFOLK ANNEX (M.B. 4, p. 258), KEMPSV LLE BOROUGH VIRGINIA BEACH, VIRGINIA". WHILH PLAT IS RECORDED IN THE CLERK'S OFFICE OF THL CIRCUIT COURT OF tHE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK AT PAGE WHEREAS, it appearing by affidavit that proper notice has been givenIby Affordable Homesi Inc., that it would make application to the Louncil of the City of Virginia Beach, Virginia, on to have the hereinafter described streets discontinued, closed, and vacated; and WHEREAS, it is the judgment ot the Councll that said streets be discontinued, closed, and vacated; NOW, FHEREFORE, SECTION I BE IT ORDAINED by the Council of the Lity of Virginia Beach, Virginia, that the hereinafter described streets be discontinued, closed, and vacated: SEE "EXHIBII A" ATTACHED HERETO Said parcels of land being portions ot Ilth Street, Avenue Avenue T, Avenue U. and Avenue V, as indicated on that certain plat ot property to be vacated in Last Norfolk Annex for Aftordable Homes, Inc., which plat is recorded in the Clerk's Otfice of the Circuit Court of the Lity of Virginia Beach, Virginia, in Map Book at page and which is made a part hereof by reference. SECTION II A certitied copy ot this Ordinance shall be filed in the Office of the Circuit Court of the City of Virginia Beach, indexed in the name of the City of Virginia Beach, as grantor. ECTION Ill September 17, 1984 -Ilb 309 LYNN.AVEN PARK@AY V ALFRED ETHERIDGE. JR. VIRGINIABEACH@VIRGINIA23452 KEVIN M. BRUNICK (804) 340 6708 CERTIFICATE OF VESTING TITLE i, V. Alfred Etheridge, Jr., attorney for Affordable Homes, Inc., do hereby certify that: 1. I am an attorney at law and represent Affordable Homes, Inc., the Petitioner. 2. If the property described below is discontinued, closed, and vacated by the Council of the City of Virginia Beach, Virginia, then title to said property will vest in Affordable Homes, Inc., the adjacent iandowners and the holder of the underlying fee in said property. The said property referred to herein is hereby described as follows: See "Exhibit A" attached hereto. V. Al ed Ethee@@,- Jr// September 17, 1984 Ilc - EXHIBIT A PARCEL ONE: Portion of llth Street. Beginning at the point where the southerly si e of llth Street, as shown on the plat of East Norfolk Annex, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 4, at page 258, intersects with the westerly side of Avenue V; thence N 65' 16' 20" W 69.30 feet to a point; thence N U@ 29' O" W 52.26 feet to a point; thence S 65' lb' 2u" E 1135 feet to a point; thence along an arc to the left (with a radius ot 240.43 feet) a distance of 157.88 feet; thence N 65@ 16, 20" W 896.40 feet to the point of beginning. PARCEL TWO: Portion of Avenue S. Beginning at the point where the southerly side of lith Street as shown on the aforesaid plat intersects with the east- erly side of Avenue S; thence S O' 29' O" E 368.11 feet to a point; thence N 50' 56' 24" W 64.84 feet to a point; thence N U' 29' O" W 350.37 teet to a point; thence S 65@ 16' 20" E 6b.26 feet to the point of beginning. PARCEL IHREE: Portion of AvenueT e,inning at a point where the southerly side of lith S reet as shown 0, th@ a'toresaid plat intersects with the easterly side of Avenue 1; thence S U@ 29' O" E 317.95 feet to a point; thence N 72@ 56' 24" W 52.89 feet to a point; thence N O@ 29' O" W 324.23 feet to a point; thence S 65@ 16' 20" E 55.26 teet to the point ot beginning. PARCEL FOUR: Portion of Avenue U. Beginning at a point where the southerly side of ilth Street as shown on the aforesaid plat intersects with the easterly side of Avenue U; thence S O@ 29' o" E 352.20 teet to a point, thence N 72' 56' 24" W 52.44 feet to a point; thence N U' 29' O" W 359.95 feet to a point; thence S 65' lb' 20" E 55.26 feet to the point of beginning. PARCEL FIVE: Portion of Avenue V. Beginning at a point where the southerly side of Ilth Street as shown on the aforesaid plat intersects with the easterly side of Avenue V; thence b O' 29' o" E 392.42 feet to a point; thence N 72' 26' 24" W 52.49 feet to a point; thence N O' 29' O" W 400 feet to a point; thence S 65@ 16' 20" E 5b.26 feet to the point of beginning. September 17, 1984 - 12 - Item II-H.2 PLANNING ITEM # 22509 Attorney Gardiner M. Haight represented the applicant Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council APPROVED, subject to Final Approval in 180 days, an Ordinance for the discontinuance, closure and abandonment of a portion of Second Street in the petition of THE RUNNYMEDE CORPORATION. Application of The Runnymede Corporation for the discon- tinuance, closure and abandonment of a portion of Second Street, beginning at the Eastern boundary of Chestnut Street and running in an easterly direction a distance of 280 feet to the western boundary of Butternut Lane. Said parcel is 50 feet in widtb and contains 14,000 square feet. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. Resubdivision of the property to incorporate the closed area into adjoining parcels and to avoid the creation of a nonconforming lot. 2. The closure of this right-of-way shall be contingent upon compliance with the above stated condition within 180 days of the approval by City Council. 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 17, 1984 12a - ORDINANCE NO. IN TIJE MATTER OF CLOSING, VACATING, ANI) DISCONTINUING A PORTION Of THAT CERTAIN STREET KNOWN AS SECOND S'FfiEET LOCATED IN THE LYNNHAVEN BOROUGfl OF 'fHE CITY OF VIRGINIA BEACH, VII@GINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED, "PLAN OF PROPERTY, PROPOSED STREET CLOSURE, BEING A PORTION OF SECOND STREET BETWEEN BUTTERNUT LANE AND CliESTNUT STREET, 1,YNNifAVEN BOROUGII, VIRGLNIA BEACH, VII@GINlA... WHEI@EAS, it appearing by affidavit that proper notice has been given by i The Runnymede Corporation, that it would make application to the Council of the City of Virginia Beach, Virginia, ork 1984, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judpf,ient of the Council that said street be discon- tinued, closed, and vacated; NOW THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described stre(,t be discontinued, closcd, aii,i v@ic@it@d: Second Street begiiining at a point on the west side of Butternut Lane (forjrierly Walnut Stro-et) at the soutli- east corner of I.ot 30, Block A, Plat of Roseiiiont Corporation, recorded in Map Book 2, page 51, in the Clerk's Office of the Ciicuit Court of the City of Virginia Beach, Virginia, and thence SOO 0Ol'OO"W a distance of 50.00 feet to a pili and thence N89 59'00" W a distance of 280.00 feet to a point on the east side of Ghestnut Street and thencealong Chestnut Street NOO0Ol'OO"L a distance of 50.OC feet to a point and thence S89 59100"E a distance of 280.00 feet to the poiiit of beginning. (Portion to be vacated is designated as 14,000 sqtjaie feet of Second Street). Said p@trccl of l@Llld beinf?, a portion (@l- Secorld Str(,.Ot as indicat(@d ori that cert@in plat of l,roperty to be vacated E@ntitled "Plan of Property, Proposed Street Closure, BeinF.,, a Pc)rtion of Second Street Between Butternut Lane and @l Chestnut Street, Lynnliaven Borough, Virginia Beach, Virginia. SECTION II A certified col)y of this Ordinance sliall be fi.led iii t@e Office of the Circuit Court of tlie City @)f Virginia Beach, indexed in the naltip of the City of Virginia Beach, as grantor. SECTION III This ordinance shall be effective thirty (30) days frorn the clate ot its adoption. September 17, 1984 12b FINE, FINE, IEGUM & FINE, P.A. AT')'..@@@y. @T "W I)NII; Wl'I'VI.IlUk!l( II.AL) AT @L.VEI,AND STRUICT All I Vll?(;INLA Iti@,ACH, VII@C.INIA 23402 Of,' Vl;,'STING 01-' TITLE J., (,arditic.,r M. Iiiiii,,IiL, altorney for Tlie RunnyiiiedL Corporation, do hereby @l aiii aii attorney at law and represent The Runnyinede Corporation, the petitioller. 2. If Lhe property described below is discontinued, closed and vacated by LliL, Couiicil of Ulie City of Vireiiiia beacli, Virginia, ttien title to saiu prul)QrLy will vest iii TitL@ ttunnyijilclc CurporaLioii; L. R. Kaiser, Jr.; Welch File I)riving Corl)oratiori; and Vanderiet - White Construction Co., the adjacent laiidowiiers. Ttie said property referred to herein is hereby described as follows: Second Street beginning at a point on the west side of Butternut Lane (foriiierly Walnut Street) at Llie south- east corner of Lot 30, Block A, Plat of Rosemont Corporation, recorded in Map Book 2, page 51, in the Clerk's Office of tlie Circuit court of the City of Virrinia lieach, Virrinia, @tri(i tilence SOO 0Ol'OO"W a dislance of 50.00 feet to a pin aiid Lielice N89059,001, W a distance of 280.00 feet to a point on the east side of Chestiiut Street and thence along Chestnut Street NOO0Ol'OO"E a distance of 50.00 feet to a point and thence S89059'00"E a distaiice of 280.00 feet to the poiiit of beginning. (Portion to be vacated is designated as 14,000 square feet of Second Street). "- R M. r September 17, 1984 - 13 - Item II-H.3 PLANNING ITEM # 22510 Attorney Grover Wright represented the applicant Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council APPROVED a VARIANCE to Section 4.4(b) of the Subdivision Ordinance in the matter of the application of R. M. M., INC. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdi- vision for R. M. M., Inc. Property located north of Kellie Anne Lane. Plats with more detailed information are avail- able 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 17, 1984 - 14 - Item II-H.4 PLANNING ITEM # 22511 William A. Shaw, the applicant, represented his wife and himself Upon motion by Vice Mayor McClanan, seconded by Councilman Jennings, City Council DENIED a VARIANCE to Section 4.4(b) of the Subdivision Ordinance in the matter of the application of WILLIAM A. AND BARBARA S. SHAW. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for William A. and Barbara S. Shaw. Property located at 3081 Bow Creek Boule- vard. PRINCESS ANNE BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress*, Mayor Harold Hesichober, 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 17, 1984 - 15 - Item II-H.5 PLANNING ITEM # 22512 Eric C. Anderson, Vice President of Lakeside Construction Corporation, represented the application. Upon motion by Councilwoman McClanan, seconded by Councilwoman Oberndorf, City Council DEFERRED INDEFINITELY a MODIFICATION of DESIGN STANDARDS with respect to Section 4.1 of Subdivision Ordinance in the matter of the appli- cation of LAKESIDE CONSTRUCTION CORPORATION. Application of Lakeside Construction Corporation for a modification of design standards with respect to Section 4.1 of the Subdivision Ordinance for Red Mill Farm, Section 8. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. This application is DEFERRED INDEFINITELY until the City Staff has had an opportunity to meet with the developer to consider alternate road alignments. 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 17, 1984 - 16 - Item 11-H.6 PLANNING ITEM # 22513 Upon motion by Councilman Louis Jones, seconded by Councilwoman Oberndorf, City Council ALLOWED WITHDRAWAL (as per request of the applicant) of an Ordinance upon application of WILLIAM H. THUMEL, JR., for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF WILLIAM H. THUMEL, JR., FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE AND REPAIR FACILITY Ordinance upon application of William H. Thumel, Jr., for a Conditional TJse Permit for an automobile service and repair facility on certain property located on the north side of Virginia Beach Boulevard beginning at a point 370 feet more or less east of Newtown Road, running a distance of 80 feet along the north side of Virginia Beach Boulevard, running a distance of 250 feet along the eastern property line, running a distance of 80 feet along the northern property line and running a distance of 250 feet along the western property line. Said parcel is located at 5620 Virginia Beach Bouelvard and contains 20,000 square feet. BAYSIDE BOROUGH. 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 17, 1984 - 17 - Item II-H.7 PLANNING ITEM # 22514 Woodrow Coit, the applicant, represented himself Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance upon application of WOODROW COIT for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF WOODROW COIT FOR A CONDITIONAL USE PERMIT FOR A DUPLEX Ro984668 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,. Ordinance upon application of Woodrow Coit for a Conditional Use Permit for a duplex on certain prop- erty located at the northwest corner of Cypress Avenue and 15th Street, running a distance of 64.95 feet along the west side of Cypress Avenue, running a distance of 78.31 feet along the northern property line, running a distance of 64.95 feet along the western property line and running a distance of 64.95 feet along the north side of 15th Street. Said parcel contains 5086 square feet. VIRGINIA BEACH BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of September, Nineteen Hundred and Eighty-four. 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 September 17, 1984 Council Members Absent: J. Henry McCoy, Jr., D.D.S. - 18 - Item 11-H.8 PLANNING ITEM # 22515 Ava J. Alderson, the applicant, represented herself Upon motion by Councilman Jennings, seconded by Councilman Louis Jones, City Council ADOPTED an Ordinance upon application of AVA J. ALDERSON for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF AVA J. ALDERSON FOR A CONDITIONAL USE PERMIT FOR A DAY CARE CENTER- KINDERGARTEN R0984669 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Ava J. Alderson for a Conditional Use Permit for a day care center-kindergarten on Lot C and Parts of Lots 16 and 17, Plat of Resub- division of Lot 17-4, 5, 6, 7, 8, 9 and 10, Block K, Rudee Heights. Said parcel is located at 512 General Booth Boulevard and contains 11,341 square feet. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. Approval is for a period of atte-kl+-year two (2) years. 2. Approval is for a maximum of nineteen (19) children. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of September, Nineteen Hundred and Eighty-four. 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 C. 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 17, 1984 - 19 - Item II-H.9 PLANNING ITEM # 22516 Richard Browner represented the applicant TJpon motion by Councilman Jennings, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of SHELL OIL COMPANY for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF SHELL OIL COMPANY FOR A CONDITIONAL USE PERMIT FOR A CAR WASH Ro984670 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Shell Oil Company for a Conditional Use Permit for a car wash on certain property located at the northwest corner of Shore Drive and North Great Neck Road, running a distance of 151.03 feet along the north side of Shore Drive, running a distance of 163.46 feet along the western property line, running a distance of 150 feet along the northern property line and running a distance of 145.80 feet along the west side of North Great Neck Road. Said parcel is located at 2900 Shore Drive and contains 23,261 square feet. LYNNHAVEN BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of September, Nineteen Hundred and Eighty-four. 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 September 17, 1984 Council Members Absent: None - 20 - Item II-H.10 PLANNING ITEM # 22517 Attorney Robert Cromwell represented the applicant Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance upon application of HUDGINS REAL ESTATE for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF HUDGINS REAL ESTATE FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 TO 0-1 Z0984885 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Hudgins Real Estate for a Change of Zoning District Classification from R-6 Residential District to 0-1 Office District on the west side of Pacific Avenue at the intersection with Sea Pines Road on Lot T, Linkhorn Park. Said parcel is located at 3704 Pacific Avenue and contains 17,424 square feet more or less. VIRGINIA BEACH BOROTJGH. Prior to the changing of the official zoning maps, the following condition will be met: A 19-@ot 5-foot dedication of right-of-way along the frontage on Sea Pines Road.(AS AMENDED) This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of September, Nineteen Hundred and Eighty-four. 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: September 17, 1984 None 2 1 Item II-H.11 PLANNING ITEM # 22518 Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council DENIED an Ordinance upon application of SIDNEY C. AND KYOKO I. ARNOLD for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF SIDNEY C. AND KYOKO 1. ARNOLD FOR A CHANGE OF ZONING DISTRICT CLASST- FICATION FROM R-8 TO 1-1 Ordinance upon application of Sidney C. and Kyoko I. Arnold for a Change of Zoning District Classi- fication from R@Residential District to I-1 Liiht Industrial District on certain property located on the south side of Terrell Avenue beginning at a point 239.3 feet east of London Bridge Road, running a dis- tance of 125 feet along the south side of Terrell Ave- nue, running a distance of 118.90 feet along the eastern property line, running a distance of 127.13 feet along the southern property line and running a distance of 142.07 feet along the western property line. Said parcel contains 16,449.59 square feet. LYNNHAVEN BOROUGH. Voting: 10-0 Council Members Voting Aye; John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech September 17, 1984 - 22 - Item II-H.12 PLANNING ITEM # 22519 Attorney Robert Cromwell represented the application Lou Lucente, developer, represented the applicant and referenced a barricade to be built at the end of Glen Brook Drive as a City requirement so traffic will come down Lynnbrook Landing and not down Daniel Smith Road. Sadye Shaw, represented the Newsome Farms Civic League and spoke in opposition. A motion was made by Councilman Louis Jones, seconded by Councilwoman Henley to DENY an Ordinance upon application of NEWTOWN DEVELOPERS for a Change of Zoning from R-6 Residential District to R-8 Residential District on a 2.9-acre parcel located on the south side of Glen Brook Drive, east of Lawrence Drive (Bayside Borough). (ADJACENT TO NEWSOME FARMS TARGET AREA) A SUBSTITUTE MOTION was made by Councilwoman Creech, seconded by Councilman McCoy to ADOPT an Ordinance upon application of NEWTOWN DEVELOPERS for a Change of Zoning from R-6 Residential District to R-8 Residential District on a 2.9-acre parcel located on the south side of Glen Brook Drive, east of Lawrence Drive (Bayside Borough). Voting: 3-8 (SUBSTITUTE MOTION LOST) Council Members Voting Aye: Nancy A. Creech, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, and Meyera E. Oberndorf Council Members Absent: None Upon motion by Councilman Louis Jones, seconded by Councilwoman Henley, City Council DENIED an Ordinance upon application of NEWTOWN DEVELOPERS for a Change of Zoning as per tbe following: ORDINANCE UPON APPLTCATION OF NEWTOWN DEVELOPERS, A VTRGINIA GENERAL PARTNERSHTP, FOR A CHANGE OF ZONING DISTRICT CLASSI- FICATTON FROM R-6 TO R-8 Ordinance upon application of Newtown Developers, a Virginia General Partnership, for a Cbange bf Zoning District Classi- fication from R-6 Residential District to R-8 Residential District on certain property located on the south side of Glen Brook Drive beginning at a point 640 feet more or less east of Lawrence Drive, running a distance of 324 feet along the south side of Glen Brook Drive, running a distance of 400 feet more or less along the eastern property line, running a distance of 330 feet more or less along tbe southern property line and running a distance of 397 feet along tbe western prop- erty line. Said parcel contains 4-.6 2.9 acres. BAYSIDE BOROUGH. September 17, 1984 - 23 - Item II-H.12 PLANNING ITEM # 22519 (Continued) Voting: 8-3 (MAIN MOTION CARRIED) Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, and Meyera E. Oberndorf Council Members Voting Nay: Nancy A. Creech, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: None September 17, 1984 - 24 - Item II-H.13 PLANNING ITEM # 22520 Attorney Robert Cromwell represented the applicant Sadye R. Shaw, representing Newsome Farms Civic League, spoke in opposition. Upon motion by Councilman Louis Jones, seconded by Councilwoman Oberndorf City Council DENIED an Ordinance upon application of PICKETT ROAD ASSOCIATES, a Virginia General Partnership, for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF PICKETT ROAD ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 TO R-8 (NEWSOME FARMS TARGET AREA) Ordinance upon application of Pickett Road Associates, a Virginia General Partnership, for a Change of Zoning District Classification from R-6 Residential District to R-8 Residential District on certain property located an the north side of Glen Brook Drive beginning at a point 210 feet more or less east of Lawrence Drive, running a distance of 290 feet more or less along the north side of Glen Brook Drive, running a distance of 320 feet more or less along the eastern property line, running a distance of 281.30 feet along the northern property line and running a distance of 320 feet more or less along the western property line. Said parcel contains 2 acres. BAYSIDE BOROUGH Voting: 9-2 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: Nancy A. Creech and Vice Mayor Reba S. McClanan Council Members Absent: None September 17, 1984 - 25 - Item II-H.14 PLANNING ITEM # 22521 Reference was made to a letter from CONCORDIA dated August 20, 1984, requesting WITHDRAWAL of the Application for a Change of Zoning for John L. Lilly (said letter is hereby made a part of the record) Eddie Hoggard, resident of Albertha's Drive, spoke in opposition to the WITHDRAWAL Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council DENIED an Ordinance upon application of JOHN L. LILLY for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF JOHN L. LILLY FOR A CRANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 TO 0-1 Ordinance upon application of John L. Lilly for a Change of Zoning District Classification from R-6 Residential District to 0-1 Office District on cer- tain property located on the south side of Albertha's Lane beginning at a point 210 feet west of North Lynn- haven Road, running a distance of 180.89 feet along the south side of Albertha's Lane, running a distance of 174 feet along the western property line, running a distance of 190 feet more or less along the southern property line and running a distance of 186.51 feet along the eastern property line. Said parcel contains 37,461.6 square feet. 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 17, 1984 - 26 - Item II-I.la-f. RESOLUTIONS ITEM # 22522 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: SEAY ASSOCIATES ($ 700,000) FOUNTAINHEAD OF VIRGINIA BEACH,INC. ($7,000,000) CSG DIAMOND ($6,500,000) REGENCY INVESTMENT OFFICE BUILDING ($3,000,000) GIANT SQUARE ASOCIATES FACILITY ($1,700,000) GERALD YAGEN ($2,135,000) Voting: 10-1 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, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: H. Jack Jennings, Jr., Council Members Absent: None September 17, 1984 City Council of Virgiiiia Beach, Virginia Municipal Center Virgiiiia Beach, Virginia FISCAL It4PAC'f STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING June 12, 1984 Seay Associates office and Warehouse Facility 1. Maximum amount of financing sought $ 700,UUU.UO 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 775,UOU.00 3. Eatiinated real property tax per year using present tax rates $ 6,200.00 4. Estimated personal property tax per year using present tax rates $ 407.5U 5. Estiinated merchants' capital tax (busiiiess liceilso tax) per year usiiig present tax rates s 17,380.UO 6. Estimated dollar value per year of goods and services that will he purchased locally $7,UUO,OOU.00 7. Estimated number of regular employees on year round basis 98 8. Average annual salary per employee $ 18,UOO.UO The information contained in this statement is based solely on facts and estiinates provided by the Applicant, and the Authority has inade no independent investi- gation with respect thereto. CITY OF VIRGINIA BEACH DEVELOPtIENT AUTHORITY By w@ @, - Chaircah SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: 2. LOCATION: 2209 Commerce Parkway, 17i,cli@i, I Beach, Virginia 23454 3. DESCRIPTION OF PROJEPT: Offi,:e and Offic6-WarehoQse facility 4. AMOUNT OF BOND ISSUE: 700 ()00 5. PRINCIPALS: Carlton E. Seav and rarlfnn R- gp"i 6. ZONING CLASSIFICATION; a. Present zoning classification of the Property B-2 b. Is rezoning proposed? Yes No X C. If so, to what zoning classification? N/A Fconomic impac@ Statement 1. Amourft of investment S -7s nnn 00 2. Amo-int of industr@-a' r-vpnue ,)ond f4nanc@nz souclit S 7nO.OOO-OO 3. Est'mated taxab'-e value of the fac;lity's real pro.nerty t,) be constructed in the C@@l,., of V'-c@n'a .9each 7'r @ln-1), 4 Esti,.ral-,2 real DroDertv tax per year usinc oresent tax -ate S 6,200.00 Fstinated persona'- oroperty tax -'07.50 i.Toacl state,,nent demons"rat4-nq t@e overall. ret,-@t-.n to the c'ltv: A. Nu-.rber of new @,Dbs ).q 13. 000 Av. Wage S 18,000.00 - Pav-o"- cene7ate,2 s-,i64 C. \u-ber c@ 4obs 71. Tayr@.)'-'. r-t,2'ned S--','/A Wac.,-, E. -@St4-ate c.- '!ie value o' goods and serv4-ces Durchased with@@n ,e cec>craohc bourdarv o.- --'eac.*-i bv ",'7- @4-rventor,.,, 7na.-h@--rv, nrole..3s;-Ora'- @ervcesl @nsurance, mctor ve@@eles, etc.': voe Valtie inventory ';2.'70,01),oO F FE t im.i@ t-(l @,,j 1 ,-1 tl,-@ -Int t,,) her fp,,inici pal f ees S 7 , 6 50 0 0 C . Es' @.,na I -d cons S 364,000.00 fi . Es t imat@' : u@ ) 4 -,,n r j(,t i on ma t e r i al to be purchased with@n the @ity of Virc'n4-a 0 Estimated number of constr,-,ction jobs 50 @-v otlier 4-le!,s w))ich the ar)Dlicart feels A-,Ihori-lv s@ould be 'nade aware of in the pro@ect !)evelopement of Industrial P-0@o@t not Economically feasibl.e without Bond financing. c,-,r--ent'-v zoned 'or ",e use of -@e'@no proposed revenue '@,o,)d f4.flanc@-r,.q? Yes 14o P. '-a-- a .:Yar-Peient/com-nitment b,?-@ acc-ote,4, bv (attac.11 a,copyl veq '@ y tl!e bold -','-.-arcing close within 90 days from the c!ate O' a,4--@@-on of -he induce.,nent resolution? Yes No L-Ica-@-on c-, --c4.ct fall@ach '-ocati-on maP) 2209 Co.@,rerce (:,c,,ci-@-on Mao See Attached.) -@xt)anat;-on of a'.te!-na,4ve fnanc4-ng that has been reviewed for oroiect None i here!, v at od in the above Econom,-c l@ct S@ d' i,-@ -,je i ri aII respec ts. TES-B@: Subscribed and day of ,@c'e.r,v Pub, @c @xoir-s: OJECTA L CATION OCEANA USTRIAL /PARK PROJECT NAME: Seay Associates PROJECT ADDRESS: 2209 Commerce Parkway Virginia Beach, VA 23454 TYPE OF PROJECT: Office and Warehouse RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOP@IEN'r REVENUE BONDS FOR SEAY ASSOCIATES WHEREAS, tile City of Virginia Beach DevelopmenL Autliority (tlie Authority), has considered the application of Seay AssociaLes (the Company) for tlie issuance of the At,irliority's ii1dusLi:icil clevelopiticiit reveitue bunds iii an ainount 110L to exceed $700,000 (Lhe ]3ojids) Lo assist in ctie financing oC tlie Coiiipany's coristruction and equippiiig of an office and wareliouse facility (tlie Facility) to be localed at 2209 Coinmerce Parkway, in the CiLy of Virgillia Beach, Virginia, and to be owned by the Company, and has held a public hearing tiiereon on September 11, 1984; and WHEItEAS, Lhe AuthoriLy has recuinimet-ided tilal Ltie CiLy Council (the Council) of City of Virginia Beacli, Virgiiiia (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, pursuanl to Section 15.1-1378.1 of the Code of Virginia of 1950, as amended, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms Lo be agreed upon, a reasonably detailed summary of the comments expressed at the public hearing with respect to the Bonds and a Fiscal Impact Statement in the Eorni prescribed by SecLion 15.1-1378.2 of Lhe Code of Virginia of 1950, as amended, have been filed with the Council; BE IT RESOLVED BY THE CITY COUNCIL OF TliE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The recitals inade in the preainbles to this Resolution are hereby adopted as a part of this Resolution. 2. The Council of the City of Virginia Beach, Virp,inia, approves the issuance of the Bonds by tlie City of Virginia Beach Development Authority for the benefit of the Company, to the extent of and as required by Section 103(k) of the Internal Revenue Code of 1954, as amended, and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended, to permit the Authority to assist in the financing of the Facility. 3. The approval of the issuance of the Bonds, as required by such Sections 103(k) and 15.1-1378.1, does not constitute an endorseinent of the Bonds or the credit- worthiness of the Company, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 4. In approving the issuance of the Bonds, the City, including its elected representatives, ofticers, 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 Facility to allocate a portion of its allowable industrial development bond volume to the Facility if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. -2- 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 17 , 1984. -3- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Fountainhead of virginia Beach, Incorporated, a Virginia corporation 2. LOCATION: 7th and oceanfront - Virginia Beach, VA 23451 3. DESCRIPTION OF PROJECT: Construction of addition to existing 7ot-el and parking gargagein'con- nection with addition. 4. AMOUNT OF BOND ISSUE: $7,000,000 5. PRINCIPALS: Michael C. Savvides Ronald I. Dozoretz 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property H-2 b. Is rezoning proposed? Yes No X c. If so, to what zoning classification? INN, C@c,@ii,,Iioiit ozicl,, Vi,, 23,151 (804) 125.5 151 Toll FroL, neservations 1.800.2-RAMADA [i15 All@i,,Ii(; All@11,11, Vif@lifli@l B 17]SCAT, IMPACT STA'U],?Mr@NT l@OUN'.UAINIII,@AD OF VTRGINVA BR-ACIL, INC. 6'L5 ATLANTIC AVENUE V.LRG'I.N.l.'A BEACII, VIRGINIA 23451 I,?xistirig Expanded I.. MLixiiiiuiii aiiiou[IL of f iiiaiteitig SOUS[IL: 7,000,000.00 2. IIst;Liiiated taxable va.Lue of Lhe facility's I)I:L)I)Cl7Ly Lu I)L (@,)nsLlucLed iii Llie iiiutlicil)ality: 7,000,000.00 3. llstitiiated real prol)erty tax per year Ll.'i:Liit?, I)I:clseLit Lztx 3,337.26 6,674.52 /i . I)LL:80LIiii Li.ix I)er year u8:Lng present Lax rates: 3,541..Ili 7,082.28 1-:@;t iilizil:t!ti t:;I)t (I)Ltli-Ltic,@iu -Lil.L:LI18L t:iix) lier yeiii,@ usiiig I)resent tax rales: 7,747.84 15,495.68 6. EstiiiiaLed dollar value per year of goods and services that will be purcliased locally: 64,000.00 150,000.00 7. Estiinated number of regular einployees on year round basis: 80 15U 8. Average annual salary per eiiiployee: 7,000.00 10,000,00 C.I'I'Y OF VIIZGINIA l@t@'ACIL DEVELOPMENT AUTHORITY By: economic Impact Statement 1. Amount of investment $ 0 2. Amount of industrial revenue bond financing sought 0 3. Estimated taxable value of the facil4ty's real property to be constructed in the C'itY of Virginia Beach $5,180,000.00 4. Estimated real property tax per year using present tax rate 4 6. 674, 52 5. Estimated personal property tax 7@082,28 6. Economic impact statement demonstrating the overall return to the city: A. Number of new jobs 70-80 B. Payroll generated $ 7oo,ooo.00 Av. Wage $ lo-00O.Do C. Number of jobs retaihw @ 80 . I o. P@vroll retained $ 560,ooO.oo Av. Wage S7,000,00 E. Ls!:imace 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 Equipment & Furn@ture $900,000.00 Insurance $ 30,000.00 Motor Vehicle $ 10,000.00 TOTAL $ lpi9otooo.00 P. Estimated building permit fee and oth-er municipal 'fees 76,000,00 G. Estimated construction payroll 1,500,000,00 H. Estimated value oe construction material to be purchased within the City of Virginia Beach $ 3,250,000,00 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 Impact of additional rooms to serve City Convention/Tourism Business. 7. Is the site currently zoned for the use of being proposed for industria-I revenue b(>nd firiancing? Yes XL No 8. Has a band purchare acjreement/commitment been accepted by the applicant? (attach a.copy) Yes IUL'ft _ 9. Will the bond financing clbse within 90 days from the date of adoption of the inducement resolution? Yes xx NO 10. Location of project (attach location map) 11. Explanation of alternative financing that has been reviewed for project None I hereby certify that the information stated in the above Economic Impact Statement-Es accurate and true in all respects. (App4icant) Subscribed and sworn to before me this -&day of 1984. Nbtary Public My Commission Expires: City of Virginia Beach Oceaiifront Area "(;At 1- 1 2C,40 5 MILE) 2640 FEET A f bll. @..Ir.... 1.61.9 L., 10 PROJECT N@E: Fountainhead of Virginia Deach, Inc. PRaJE)CT ADDRESS: 615 Atlantic Avenue TYPE OF PROGDCT: Additional @tel, Restaurant,-. and Parking Facilities RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR FOUNTATNHEAD OF VIRGINIA BEACH, INC. WIIEIIEAS, tlie City of Virginia Beach Developillent Authority of Virginia Beacb, Virginia (the "Authority"), bas considered the application of Fountainhead of Virginia Beach, Inc., (the "Applicant"), a Virginia corporation requesting the issuance of the Authority's industrial developinenl revenue bonds in an aiiiount not to exceed $7,000,000 (the "Bonds") to assist in tbe financing of the Applicant's acquisition, construction, equipping, renovating and expansion of approxiinately 75 rooms and parking facility consisting of 250 parking spaces located at 615 Atlantic Avenue in Virginia Beach, Virginia 23451, and has held a public hearing tbereon on September 11, 1984; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City"), to approve tbe issuance of tbe Bonds to comply witb (i) Section 103(k) of tbe Internal Revenue code of 1954, as amended (tbe "Internal Revenue Code,,) and (ii) Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the "Virginia Code"), and WHEREAS, pursuant to S.15.1-1378.1 of the Virginia Code, a copy of the Authority's resolution a,uproving tbe issuance of tbe Bonds, subject to terms to be agreed upon, a record of tbe public bearing and the fiscal impact statement have been filed with the Council; RAMADA INN OCEANFRON'R 615 AI'LANI IC AVENUE VIRGINIA BEACH, VIRGINIA 23451 PHONE (804) 425-5151 131,7 I'P RESOLVF@D 13Y Tf]E CITY COUNCIL OF THE CITY OF VIRGINIA 131@ACI-1, VIRGINIA: 1. Tbe Council of tbe City of Virginia Beacb, virginia approves the issuance of tbe Bonds by the City of Virginia Beacb Developiiient Authority of Virginia Beach, Virginia for the benefit of the Applicant, to tbe extent required by Section 103(k) of tbe Internal Revenue Code and Section 15.1-1378.1 of the Virginia Code, to perinit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds, as required by Section 103(k) of the Internal Revenue Code and Section 15.1-1378.1 of tlie Virgini.a Code, does not constitute an endorseiiicnt of tlie Bonds or the creditworthiness of the Applicant, but, as required by Section 12.1 of Chapter 643 of the 1964 Acts of the General Assellibly of Virginia, as amended, the Bonds shall provide that neither the City nor the Authority sball be obligated to pay tbe Bonds or the interest thereon or other costs incident thereto except from the revenues and monies pledged therefor, and neither the faith, credit nor the taxing power of tbe Commonwealth, the City nor 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 bereby disclaims all liability for any damages to any person, direct or consequential, resulting from (i) the Authority's failure to issue bonds for the Project for any reason, including but not limited to any decision by the -2- RAMADA INN OCEANFRONT 615 ATLANTIC AVENUE VIRGINIA BEACH, VIRGINIA 23451 PHONE (804) 425-5151 Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if tbe issuance of tax-exeinpt bonds by tbe Authority is restricted by any State or Federal statute now or bereatter enacted; or (ii) the ALitlior-ity's failure for any reason after the issuance of bonds for tbe Project to allocate a portion of its allowable industrial develop- itient bond voluine to tlie Project if the issuance of tax-exempt bonds by the Autbority is restricted by any State or Federal statute now or bereafter enacted. 4. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of tbe City of Virginia Beacb, September 17 Virginia on 1984. By: -3- RAMADA INN OCEANFRONT 615 ATLANTIC AVENUE VIRGINIA BEACH, VIRGINIA 23451 PHONE (804) 425-5151 SUNMRY SHI-ET CIT'.' OF VIRGINIA 13EACII DEVELOPMEITT AUTITORITY I@ID[JSTRIAL DFVr@LOP@IENT RF,VENUE DO,@ID 1. PROJECT NAME: CSG DIAI.10tlD, A VIRGI14IA LIPIITED PARTNERSilIP TO BE FORP4ED IQTTH FOBFPT 0. COPELAND AS GEIIERAI, PARTNER 2. LOCATION: 4725 VIRGINIA BEACH BOULEVATZO VIRGINIA BEACII, VIRGITTIA 23462 3. DESCRIPTION OF PPOJECT: ACQUIRE, PENOVATE, EOUTP A@ID CONVFNT AN APPRO:@l,@IATELY 100,000 SQUARE FEET IIIAREIIOUSE BUILDING INTO A I%TIIOLESALE, PETAIL-AND REI-,ATED WARETIOUSE-Ar'D OFFTCE EtIPORIUM A'4D CO@ISTRUCT FOUR ADT)TTTON@L Of.' ArlilrOXLMA'PT..],Y .18,ono-,-i,rl(l 20,000 SQUARE FT--,T@T. 4. A14OUNT OF D014D ISSUE: 6,500,000 5. PRIT@CIPALS: ROBERT 0. COPEI,AND 6. ZONIIIG CLASSIFICATIOt@l: a. Present zoning classification of the Property B-3 CE2@-L BUSLIJESS DI-,TRICII b. Is rezoning proposed? YES-- NO xxx C. Tf so, to what zoning classifi- cation? FTSCAL IMPACT STATEMENT August 1984 CSG Diamond, a Virginia liniited partnership to be formed 100,000 Square Foot Warehouse Building 18,000 Square Foot Warehouse Building 20,000 Square Foot Warehouse Building 1. maximum amount of financing sought $6,500,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality 3,800,000 3. EStimated real property tax per year using present tax rates 30,400 4. Estimated personal property tax per year using present tax rates 6,000 5. Fstiinated iiierchants' capital tax I (business license tax) per year using present tax rates @N/A 6. Estimated dollar value per year of goods and services that will be purchased locally 2,000,000 7. Estimated number of regular employees on year round basis 30 8. Average annual salary per employee 23,000 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: Chairm4fJ Economic Impact Statement 1. Amount Of investment z z 2.' Amount of industrial revenue bond financin(i sought (. sooooo 3. Estimated taxable value of the facil4ty's real property to be constructed in the City of Virginia Beach 4. Estimated real property ta x per year uting present tax rate 5. Estimated personal property tax 6. Economic impact statement demonstrating the overall return to the city: A. Number of new jobs 80.5 B. Payroll generated $4.ois poo Av- Wage '$ 14,600 C. Number of jobs retain1/2d 0 D. Payroll retained $ Av. Wage 0 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 igso?-Q@- g@ku,.As. $ 7-to, aoo 3r,), 060 TOTAL s 30. 6'bo,@ F. Estimated building permit fee and other municipal fees $ I'llo G. Estimated construction payroll $ 1,600,600 H. Estimated value of construction material - to be purchased within the City of Virginia Beach 600,000 1. Estimated number of construction jobs J. Any other items which the applicant feels the Authority should be made aware of in evaluating the project)V.CCYCIC-@A'D@%L%-N-rovi 0 T@ t4xrtttihL. eo*%L.Et!. -rp em -r,@L-vietat r4ovRKer Tot, 7. Is the site currently zoned for the use of being proposed for industrial revenue bond financing? Yes vl No S. Has a bond purchase agreement/commitment bee-n 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 No 10. Location of project (attach location map) s@ kwebtik A 11. Explanation of alternative financing that has been reviewed for project cot4ve"m*L @t4t4ctg& Tkm t4si- @L @%tritl @t) ATM@ SZIR SYNOPSIS OF INFORMATION NAHE: KETTLER PROPERTY LOCATION: 4725 Virginia Beach Boulevard Virginia Reach. Virginia SIZE: 12.353 Acres BUILDING SIZE: 101,000 square feet DATE OF INITIAL CONSTRUCTION: 1972 PARKING SPACES: 800+ ZONING: B-3 Central Business District UTILITIES: All ROAD FRONTAGE: 640 ft. Virginia leach Boulevard 785 ft. Heinz Kettler Street 612 ft. Columbus Street 579 ft. Kellam Road TAXES: 1982/1983 20.890.00 TRAFFIC: 66,000+/cars per day I hereby certify that the information stated in the above Economic impact Statement-is accurate and true in all respects. (Applicant) Subscribed and sworn to before me this day ok 1984. Notar@ my Commission Expires: NEIGHBORHOOD MAP N Ni, T Z@@4@kPSVILLE it BERLAKE PROJECT NAME: CSG D'-amcnd PROJECT ADDRESS: 4725 virgiiiia Beach Boulevard I'YPE OF PROJECT: Wliolesale, Retail, aiad Related Warehouse and Office Emporium RESOLUTION OF CITY COUNCLL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR ROBERT 0. COPELAND OR ASSIGNS WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the "Authority"), has considered the application of CSG Diamond, a Virginia limited partnership to be foriiied (the "Applicant") for the issuance of the Authority's indus- trial development revenue bonds in an amount not to exceed $6,500,000 (the "Bonds") to assist in the financing of the Appli- cant's acquisition, construction, equipping, renovating and conver- sion of an approximately 100,000 square foot warehouse building into a wtiolesale retail and related warehouse and office emporium and the construction of two additional buildings of approximately 18,000 and 20,000 square feet (the "Project') located at 4725 Virginia Beach Boulevard in Virginia Beach, Virginia, 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 Bonds to comply with (i) Section 103(k) of the In- ternal 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, pursuant to S 15.1-1378.1 of the Virginia Code, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a record of the public hearing and the fiscal impact statement have been filed with the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia approves the issuance of the Bonds by the City of Virginia Beach De- velopment Authority of virginia Beach, virginia, for the benefit of the Applicant, to the extent required by Section 103(k) of the in- ternal Revenue Code and Section 15.1-1378.1 of the Virginia code, to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds, as re- quired 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 Applicant, but, as re- quired by Section 12.1 of chapter 643 of the 1964 Acts of the Gener- al 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 monies pledged therefor, and neither the faith, credit nor the taxing power of the Cotmnonwealth, the City nor 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 (i) the Authority's failure to issue bonds for the Project for any reason, including but not limited to any decision by the -2- Authority in its sole discretion to allocate its allowable industri- al development bond volume to one or more other projects if the is- suance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted; or (ii) the Au- thority's failure for any reason after the issuance of bonds for the Project to allocate a portion of its allowable industrial develop- ment bond volume to the Project if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. 4. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Vir- ginia on September 17 1984. By, -3- EXHIBIT E SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME- Regency Investments Office Building 2. LOCATION: Viking Drive, Oceana Industrial Park Area Number One 3. DESCRIPTION OF PROJECT: Offices for Advanced Technology, Inc. a professional services, Research and Development Firm 4. AMOUNT OF BOND ISSUE: $3,000,000.00 5. PRINCIPALS: Robert E. LaRose Girish K. Jindia Anthony A. St. George Ronald H. Hobbs Robert M. Darby 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property Office b. Is rezoning proposed? NO C. If so, to what zoning classif ication? N/A EXHIBIT C FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUF BOND FINANCING DATE: TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: REGENCY INVESTMENTS OFFICE BUILDING TYPE OF FACILITY: OFFICE BUILDING I M@iXiill@lill ZIIT)Otlllt Of fil),IT)Cillp SOUCI)I $ 3,000,000 2. Estimated taxable value of the facility's real property to be constructed in the inkii)icii3,ility $ 4,500,000 3. Estimated real property tax per year using present tax rates $ 36, C)OO 4 Estimated personal property tax per year using present tax rates $ 7,000 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 3,000 6. Estimated dollar value per year of goods and 'services that will be purchased locally $ 200,000 7. Estimated nl]mber of regular employees on year round basis 200 8. Average annual salary per employee $ 25,000 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect tllereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHOPIT)' By: CHAIRMAN Economic impact Statement 1. Amount of investment $-3,000,000 2. Ainount of industrial revenue bond financing sought $-3,000,000 3. Estimated taxable value of the faciltty's real property to be constructed in the City of virginia Beach $-3,000,000 4. Estimated real property tax per year using present tax rate $. 36,000 S. Estimated personal property tax $- 7,000 6. Economic impact statement demonstrating the overall reiurn to the city: A. Number of new jobs 100 in first Phase, 500 over 4 year period. B. Payroll generated $ 5,000,000 Av. Wage $ 25,000 C. Number of jobs retainid 100 I D. Payroll retained $ 2,500,000 Av. Wage $ 25,000 E. Estimate of the value of goods and services purchased within the geographic boundary of virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type Value Professional Services/Insurance, $ loo'ooo etc. $ $ TOTAL $ 200,000 F. Estimated building permit fee and other municipal fees $ 8,000 Estimated construction payroll $ 500,000 B. Estimated value of construction material to be purchased within the City of Virginia Beach $ 700,000 I. Estimated number of construction jobs 120 J. Any other items which the applicant feels the Authority should be made aware of in evaluating the project This Phase is only the first of three planned phases of corporate growth in Virginia Beach. 7. Is the site currently zoned for the use of being proposed for industrial revenue bond financing? Yes XX No 8. Has a bond purchase agreement/commitment been accepted by the applicant? (attach a,copy) Yes - 4No XX 9. will the bond financing close within 90 days from the date of adoption of the inducement resolution? Yes XX No 10. Loocation of project (attach location map) Viking Drive Oceana Industrial Park ii. Explanation of alternative financing that has been reviewed for project without an IRB, the project will be shelved. I hereby certify that the information stated in the above Economic Impact Statement-is accurate and true in all respects. (Applican Subscribed and sworn to before me this day of 1984. v tary-Pub@ic My Commission Expires:@;, EXHIBIT D < W-i ROJEC CAT I 01 OCEAN C 131,e 11 I hoill)l -blclz LLC o PROJECT NAt4E: REGENCY INVESTNNTS OFFICE BUILDING P,ROJECT ADDRESS: Viking Drive Oceana West Industrial Park Virginia Beach, Virginia 23452 TYPE OF PROJECT: Office RF-SOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR REGENCY INVESTMENTS FACILITY WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application of Regency Investments, a Virginia Limited Partnership, or any corporation or partnership of which Girish K. Jindia or Robert E. LaRose is a shareholder or partner (the "Company") for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $3,000,000 (the "Bonds") to assist in the financing of the Company's acquisition, construction and equipping of an office center complex (the "Facility") to be located at the Oceana Industrial Park, Area # 1, off Lynnhaven Parkway 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 Section 15.1-1378.1, Code of Virginia, 1950, as amended, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reasonably detailed summary of the comments expressed at a 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 Regency Investments a Virginia Limited Partnership, or any corporation or partnership of which Girish K. Jindia or Robert E. LaRose is a shareholder or partner, 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 -1- 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 (a) 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 (b) the Authority's failure for any reason after the issuance of bonds for the Facility to allocate a portion of its allowable industrial development bond volume to the Facility if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. 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 17 , 1984. -2- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: GIANT SQUARE ASSOCIATES FACILITY 2. LOCATION: 4601 North Witchduck Road Virginia Beach, Virginia 3. DESCRIPTION OF PROJECT: Renovating, improving, and equipping a vacant 86,900 sq. ft. building to be leased as a retail shopping complex 4. AMOUNT OF BOND ISSUE: $1,700,000 5. PRINCIPALS: Joseph A. Vita, Jr. Ronald P. Rosso Gary W. Rosso Vincent J. Mastracco, Jr. Harvey Lindsay 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property: B-2 b. Is rezoning proposed? No C. If so, to what zoning N/A classification? FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: August 15, 1984 TO: THE CITY COUNCII, OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: GIANT SQUARE ASSOCIATES FACILITY TYPE OF FACILITY: RENOVATING, IMPROVING, AND EQUIPPING A VACANT 86,900 SQ. FT. BUILDING FOR LEASE AS A RETAIL SHOPPING COM2LEX 1. Maximum amount of financing sought $1,700,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $1,000,000 3. Estimated real property tax per year using present tax rates $ 20,000 4. Estimated personal property tax per year using present tax rates $ 60,000 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 27,000 6. Estimated dollar value per year of qoods and services that will be purchased locally $6,000,000 7. Estimated nuinber of regular employees on year round basis 200 8. Average annual salary per employee $9,000,000 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 Wv &, i- - Chair @v, Economic Impact Statement 1. Amount of investment $1,700,000 2. Amount of industrial revenue bond financing sought $1,700,000 3. Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach $1,000,000 4. Estimated real property tax per year using present tax rate $ 20,000 5. Estimated personal property tax $ 60,000 6. Economic impact statement demonstrating the overall re@urn to the City: A. Number of new jobs 300 Payroll generated $2,700,000 Av. Wage $9,000.00 C. Number of jobs retained N/A D. Payroll retained $ N/A Av. Wage $ N/A E. Estimate of the value of goods and services purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type Value Inventory $4,000,000 TOTAL $4,000,000 F. Estimated building permit fee and other municipal fees $ 14, 025 G. Estimated construction payroll $ 54 0. 000 H.* Estimated value of construction material to be purchased within the City of Virginia Beach $ 46 0, 000 I. Estimated number of construction jobs 140 J. Any other items of which the applicant feels the Authority should be made aware of in evaluating the project. This project involves the rehabilitation and utilization of a vacant structure. Project will not work without bond financing. 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 y No 10. Location of project (attach location map) 4601 North Witchduck Road, Virginia Beach, Virginia 11. Explanation of alternative financing that has been reviewed for project None *Project out for bid; exact location cannot be determined. I hereby certify that the information stated in the above Economic Impact Statement is accurate and true in all respects. GIANT SQUARE ASSOCIATES, a Virginia general partnership By Giant Properties Two, a Virginia general partnership By i @ ii. DuncanllpDUfft general pattner Subscribed and sworn to before me this day of September, 1984. 'Notary Public My Commission Expires: PROJECT NA-ME: GIANT SQUARE ASSOCIATES FACILITY PROJECT ADDRESS: 4601 North Witchduck Road, Virqinia Beach. @TA TYPE OF PROJECT: retail shoppina cornplex RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR GIANT SQUARE ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP WHEREAS, the City of Virginia Beach Development Authority (the Authority), has considered the application of Giant Square Associates, a Virginia general partnership (the Company) whose address is 1187 Azalea Garden Road, Norfolk, Virginia, 23502 for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $1,700,000 (the Bonds) to assist in financing of the Company's renovating, improving, and equipping of that certain 86,900 sq. ft. building facility (the Facility) located at 4601 North Witchduck Road in the City of Virginia Beach, Virginia, to be leased by the Company, managed by Harvey Lindsay and Company and subleased to third party tenants as a retail shopping complex 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 15.1-1378.2 of the Virginia Code have been filed with the Council of the City; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City approves the foregoing recitals which are incorporated in, and deemed a part of, this Resolution as if fully set forth herein. 2. The Council of the City approves the issuance of the Bonds by the Authority, for the benefit of the 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. In approving this Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable, and hereby disclaims all liability for, any damages to any person, direct or consequential, resulting from 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 to one or more other projects private activity bond limit pursuant to Section 103(n) of the Internal Revenue Code and Executive Order Number 50(84) issued by the Governor of the Commonwealth of Virginia, or any other State or Federal law, or order hereafter enacted, its allowable 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 17 198 4 2 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: GERALD YAGEN 2. LOCATION: A 1.36 acre parcel of land, located on the southeast corner of the intersection of Expressway Drive and Southern Boulevard, Virginia Beach, Virginia 3. DESCRIPTION OF PROJECT: Three (3) story, 30,000 square foot commercial office building, with related furnishings and equipment 4. AMOUNT OF BOND ISSUE: $2,135,000.00 5. PRINCIPALS: GERALD YAGEN 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.gy.c FTSCAL IMPAC'R STATEMENT FOR PROPOSED INDUSTRIAL AEVENUE BOND FINANCING DATE: , 1984 TO: THE CITY COUNCIL OF VIRGINIA BSACH, VIRGINIA PROJECT NAME: GERALD YAGEN 'EYPII OF FACILITY: COMMERCIAL OFFICE BUILDING 1. mzixi.intim aiiiount of Einancing solight $2,135,000.00 2. Estimated taxable value ot the facility's real property to be constructed in the municipality $1,775,000.00 3. Estimated real property tax per year using present tax rates $ 14,040.00 4. Estiinated personal property tax per year using present tax rates $ 4,100.00 5. Estimated merchants' capital tax lic(,'iise) tix p(@r yeiir using present tax rates $ 9,000.00 6. Estimated dollar value per year of goods and services that will be purchased locally $1,120,000.00 7. Estimated number of regular employees on year round basis 373 8. Average annual salary per employee $ 12,920.00* 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 chairmAn@ i *Note: indicates salaries for in house staff; average salaries for temporary personnel will be $8,175.00. mbh.f fis.rs.c Economic Impact Statement 1. Amount of investment $ 2. Amount of industrial revenue bond financing sought $2,135,000 3. Estimated taxable value of the faciltty's real property to be constructed in the City of Virlinta Beach $1,775,000 4. Estimated real property tax per year using present tax rate $ 14,040 5. Estimated personal property tax $ 4,100 6. Economic impact statement demonstrating the overall return to the city: A. Number of new jobs 65 9. Payroll generated $ 839,800 Av. Wage $12,920 C. Number of jobs retained 308 D. Payroll retained $3,979,360 Av. Wage $ 12,920 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 Equipment. $ 100,800 M.,hin@ry Motor vehiclds $ 123,200 Insurance 67,200 Sprvirps $ 4',g-?nn Miscellaneous 212,800 TOTAL $ 1,120,000 F. Estimated building permit fee and other municipal fees $ 45,000 G. Estimated construction payroll $ 570,000 H. Estimated value of construction material to be purchased within the City of Virginia Beach 870,000 1. Estimated number of construction jobs 100* J. Any other items which the applicant feels the Authority should be made aware of in evaluatinq the proiect applicant services established local companies and provides -employmerit placeinenu wt,-Iluui- L;ubt tv ci,ip+/-uyee. Further PROTEMPS trains and employs unskilled and hard to employ disadvantaged workers.. bee attacnment B. 7. Is the site currently zohed for the use of being proposed for industrial revenue bond financing? Yes No 8. Has a bond purchase agreement/commitment been accepted by the applicant? (attach a.copy) Yes _-No 9. Will the bond financing close within 90 days from the date of adoption.of the inducement resolution? Yes IL No 10. Location of project (attach location map) 1.36 acre parcel on southeast corner of int@rsection of Expressway Drive and Southern Boulevard 11. Explanation of alternative financing that has been reviewed for project rnnvpnfinnal financing not considered; without bond financing, most attractive sites for headq arters exist -in rhpsapeakp nr Nnrfnlk *Note: Figure includes all personnel of general contractor and subcontractors to perform services in connection with construction of project. I L I hereby certify that the information stated in the above Economic Impact Statement-is accurate and true in. all respe-cts. GERALD YAGEN By. (Applicant) , Subscribed and sworn to before me t6is l@th day of September, 1984. O' Notar@ Public My Commission Expires ATTACHMENT B Con=nity Benefits: EMPLOYMENT During the last twelve months, we have increased our employment by 52 additional employees. We project an equal addition during the next twelve months. In addition, should we build this new building, we project an additional thirteen employees or total of sixty-five. VIRGINIA BEACH If unable to secure Revenue Bond financing, will consolidate most operations in neighboring city of Chesapeake or Norfolk. Protemps and Office Staffers will be moved to their Hampton branches for ease of operation and reduced costs. HARD CORE UNEMPLOYED PROTEMPS is a contractual labor service which employes about 50 clerical and 150 industrial workers. These indostrial employees are unskilled and hard to employ otherwise. We provide them with training and motivation to continue their employment with us. Electronic Institute of Technology retrains personnel to provide them with skills necessary for a position with one of Virginia Beach's many electronic firms. They also have a training contraCL with Southeastern Tidewater Area Manpower.Authority to train economicly disadvantaged job seekers and make them employable in the job market. Office Staffers is a private employment service that each year is instrumental in locating hundreds oE new employees for its long list of client companies. They also have a conr-ract with SF-AVAMP to assist older, economicly disadvantaged applicants find suitable employment. This comes under funds made available by the governor to Virginia Beach in the Job Training and Partnership Act. SERVICES All these corporations predominately serve local established companies that add to their own success and revenues. Search and Recruit places separating military personnel with major defense contractors throughout the nation. Each year, the Virginia Beach branch of SRI alone provides employment to over two hundred and fifty veterans with our client companies. This is all done at no cost to the separating and unemployed service man. TAXES Do not know how to compute. RESOLIJTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND FOR GERALD YAGEN 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 Gerald Yagen, whose address is 114 South Witchduck Road, 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 $2,135,000.00 (the "Bond") to assist in the financing of the Purchaser's acquisi- tion, construction, furnishing and equipping of a three (3) story, 30,000 square foot commercial office building (the "Project") to be located on a 1.36 acre parcel of land, situated on the southeast corner of the intersection of Expressway Drive and Southern Boulevard, in Virginia Beach, Virginia, to be owned and operated by the Company, 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 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 Gerald Yagen, 114 South Witchduck Road, Virginia Beach, Virginia 23462, 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 Pro- - 1 - PROJECT NAME: Gerald Yagen PROJECT ADDRESS: 1.36 acre parcel of land located on southeast corner of in@tersection of Expressw Drive and Southern Boulevar TYPE OF PROJECT: Cormnercial office building facility ject. 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 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 Pro- ject to allocate a portion of its allowable industrial develop- ment bond volume to the Project 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 adoption. Adopted by a majority of a quorum of the Council of the City of Virginia Beach, Virginia, on September 17 1984. mh. f rcc.gy.c 2 - 27 - Item II-2a. RESOLUTIONS ITEM # 22523 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council ADOPTED the following Resolution: RESOLUTION APPROVING THE ISSUANCE OF SPECIAL REVENUE BONDS THROUGH THE PORTSMOUTH REDEVELOPMENT AND HOUSING AUTHORITY TO REGENCY APARTMENTS ASSOCIATES IN THE AMOUNT OF $32,000,000. 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 17, 1984 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY APPROVAL OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO BE ISSUFD BY PORTSMOUTH REDEVELOPMENT AND HOUSING AUTHORITY 1. PROJECT NAME: REGENCY APARTMENTS 2. LOCATION: 2100 Westminister Lane Virginia Beach, Virginia 3. DESCRIPTION OF PROJECT: 862 Unit Multi-Family Rental Housing Project 4. AMOUNT OF BOND ISSUE: $32,000,000 5. PRINCIPALS: AinReal Realty, Inc. and N. Barton Tuck, Jr. 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property: A-1 b. is rezoning proposed? No C. If so, to what zoning classification? N/A The purpose of this Resolution is to approve Portsmouth Redevelopment and Housing Authority's issuance of its Special Revenue Bond for the benefit of Regency Apartments Associates Limited Partnership. A fiscal impact statement is attached to and submitted with this Resolution. FISCAL IMPACT STATEMENT FOII PROPOSI@D INDUS9.'RIAL IIEVENUE BOND FINANCING DATE: August 15, 1984 TO: THE CITY COUNCIL OF VIRGLNIA BEACH, VIRGINIA PROJECI' NAME: REGIINCY APARTMENTS TYPr@' OF r-'ACII,ITY 862 Unit Multi-E'aiiiily Rental liousiilg llroject 1. Maximum amount of financing sought $32,000,000 2. li;@3tiiiizite(.1 t@ixztbl(,, vclllie of tlie .facility's real property to be constructed in the ipuni&ipality $ 4,163,460 3. Estimated real property tax per year using present tax rates $ 256,000 4. Estimated personal property tax per year using present tax rates $ 35,000 5. Estimated merchants' capital (business 'License) tax per year using present tax rates $ N/A 6. Estimated dollar value per year of goods and services that will be purchased locally $ 1,300,000 7. Estimated number of regular eiuployees on year round basis 24 8. Averaqe annual salary per employee $ 13,500 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and tiie Authority has made no independent investigation with respect thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By W,, Chairr$fh 7- PROJECT NA@IE- RL-'GENCY APARTMENTS PROJECI' ADDRESS: 2100 Westininister Lane, @7irqinia Beach, N7A TYIIE OF PROJECT@ rental housing project RESOLUTION OF CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA APPROVING ISSUANCE OF BONDS FOR REGENCY APARTMENTS ASSOCIATES LIMITED PARTNERSHIP WHEREAS, the City of Virginia Beach Development Authority (the Authority) has considered the request of Regency Apartments Associates Limited Partnership (the Company), whose address is One Shelter Place, Greenville, South Carolina, 29602, for the issuance by the Portsmouth Redevelopment and Housing Authority (the Portsmouth Housing Authority) of its Multi-family Rental Housing Bonds in an amount not to exceed $32,000,000 (the Bonds) to assist in financing of the Company's acquisition and rehabilitation of a 862 unit multi-family rental housing project (the Facility) known as the Regency Apartments, located at 2100 Westminister Lane, in Virginia Beach, Virginia (the City), and to be owned or operated by the Company, and the Authority has held a public hearing thereon on September 11, 1984; and WHEREAS, Section 103(k) of the Internal Revenue Code of 1954, as amended (the Code), provides that the hiqhest elected governmental officials of the governmental units having jurisdiction over the issuer of rental housing bonds and over the area in which any facility financed with the proceeds of rental housinq bonds is located shall approve the issuance of such bonds; and WHEREAS, the Facility is located in the City and the members of the City Council of Virqinia Beach (the Council) constitute the hiqhest elected governmental officials of the City; and WHEREAS, Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the Virginia Code), provides that the Council shall, within sixty (60) calendar days from the public hearing, with respect to rental housing bonds either approve or disapprove the issuance of such bonds; and WHEREAS, the Authority has recommended that the Council approve the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a record of the public hearing with respect to the Bonds and a Fiscal Impact Statement in the form prescribed by Section 15.1-1378.2 of the Virginia Code and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council; BE IT RESOLVED BY THE CITY COUNCIL OF VIRGINIA BFACH, VIRGINIA: 1. The recitals made in the preambles to this Resolution are hereby adopted as a part of this Resolution. 2. The Council approves the issuance of the Bonds by the Portsmouth Housing Authority for the benefit of the Company, to the extent required by Section 103(k) of the Code and Section 15.1-1378.1 of the Virginia Code to permit the Portsmouth Housing 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 Code and Section 15.1-1378.1 of the Virginia Code, does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Company, but, as required by Section 36-29 of the Virginia Code, 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 Conimonwealth of Virginia, the City nor the Authority shall be pledged thereto. 4. This Resolution shall take effect immediately upon its adoption. Adopted by a quorum of the Council of the City of Virginia Beach, Virginia, on September 17 1984. 2 - 28 - Item II-2b. RESOLUTIONS ITEM # 22524 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council ADOPTED the following Resolution: RESOLUTION APPROVING THE ISSUANCE OF SPECIAL REVENUE BONDS THROUGH THE PORTSMOUTH REDEVELOPMENT AND HOUSING AUTHORITY TO K, L & S ASSOCIATES IN AN AMOUNT NOT TO EXCEED $3,000,000. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentresst 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 *Verbal Aye September 17, 1984 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPT-IE"T REVENUE BOND 1. PROJECT NAME: K, L & S Associates 2. LOCATION: Lots 1 through 56, as shown on that certain proo5ed 'lat O' subdivision of Scarborog h Square, Section 4B3, prepared by Basgier and Associates, which proposed plat has been submitted to t e P anning Department of the City of Virginia Beach for approval an recordation, which lots are loca- ted off Old Clubhouse Road on a cu -de-sac known or to be known as Creekside Court 3. DESCRIPTION OF PROJECT: 56-unit multi-family residential renta project 4. AMOUNT OF BOND ISSUE: tlot to exceed $3,000,000 5. PRINCIPALS: Frank Spadea Benjamin J. Levy 6. ZDNING CLASSIFICATION: a. Present zoning classification of the Property A-2 I b. Is rezoning proposed? Yes tio x c. If so, to what zoning classification? The purpose of this Resolution is to approve the Portsmouth Redevelopment and Housing Authority's issuaiice of its Special Revenue Bonds for the benefit of K, L & S Associates. A fiscal impact statement is attached to and submitted with this Resolution. FISCAL IMPACT STATEMENT OF CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY DATE: September 11, 1984 TO: 'The City Council of Virginia Beach, Virginia The undersigned Chairman states, in compliance with Section 15.1-1378.2, Code of Virginia of 1950; Name of Applicant: K,L&S Associates Facility: Acquisition, construction and equipping of a 56-unit residential rental housing project 1. Maximum amount of financing sought $ 3,000,000.00 2. Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach $ 2,800,000.00 3. Estimated real property tax per ytar using present tax rates $ 27,400.00 4. Estimated personal property tax per year using present tax rates $ 1,500.00 5. Estimated business license tax per year using present tax rates $ 1,200.00 6. Estimated dollar value per year of goods and services that will be purchased locally (after construction) $ 20,000.00 7. Estimated number of regular employees on year round basis 2 8. Average annual salary per employee $ 14,000.00 The information contained in this Statement is based solely on facts and estimates provided by tlie Applicant, and the Authority has made no independent investigation with respect thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY B y @Li A / Chairman 161 K,L&S ASSOC./KLS-VBA 0 @.@c@ss s E ia OCEANA NAVAL, IR STATI h co.. CO, @.@D PROJECT NAME: K, L And S Associates PROJECT ADDRESS: Old Club House Rd. and Creekside Court Virginia Beach, Virginia 23452 TYPE OF PROJECT: flulti-Family, Residential Pental Huusing Project RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF HOUSING REVENUE BONDS FOR K,L&S ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the "Authority"), has considered the appli- cation of K,L&S Associates (the "Developer") for the issuance by the Portsmouth Redevelopment and Housing Authority (the "Housing Authority") of its housing revenue bond or bonds in an amount not to exceed $3,000,000 (the "Bonds") to assist in the financing of the Developer's acquisition, construction and equipping of a 56-unit multi-family residential rental housing project (the "Project") located at Lots I through 56, as shown on that certain proposed plat of subdivision of Scarborough Square, Section 4B3, prepared by Basgier and Associates, which proposed plat has been submitted to the Planning Department of the City of Virginia Beach for approval and recordation, which lots are located off Old Clubhouse Road on a cul-de-sac known or to be known as Creekside Court, in Virginia Beach, Virginia, which Project will reserve at least 20% of the housing units for persons of low or moderate income, and has held a public hearing thereon on Septemberl,:4 1984; and WHEREAS, the Housing Authority has held a public hearing on the same matter on September 4, 1984; and WHEREAS, the Authority and the Housing Authority have 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 5ection 15.1-1378.1, Code of Virginia, 1950, as amended, a copy of the Authority's resolution and the Housing Authority's resolution each approving the issuance of the Bonds, sub- ject to terms to be agreed upon, a copy of the Authority's and the Housing Authority's Fiscal Impact Statements and a reasonably detailed summary of the comments expressed at each public hearing, if any, 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 approves the issuance of the Bonds by the Housing Authority for the benefit of the Developer, to the extent required by Section 103(k) of the Internal Revenue Code, and to the extent required by Section 36-19.2 and Section 36-23, Code of Virginia, 1950, as amended, to permit the Housing Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds, as required by Section 103(k), and by Section 36-19.2 and Section 36-23 does not constitute an endorsement of the Bonds or the creditworthiness of the Developer, but, as required by Section 36-29, Code of Virginia, 1950, as amended, the Bonds shall provide that neither the City, the Housing Authority 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 moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, the Housing Authority 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 Housing Authority's failure to issue bonds for the Project for any reason, including, but not limited to any decision by the Housing 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 Housing Authority is restricted by any State or Federal statute now or hereafter enacted; or (2) the Housing - 2 - Authority's failure for any reason after the isuance of bonds for the Project to allocate a portion of its allowable industrial development bond volume to the Project if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. 4. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on September 17 1984. K,L&S ASSOC./KLS-RESOL 3 RO. 0 u E OCEANA NAVAL IR STATI( F 3 1 CONTINUED ON P E@20 4 5 PROJECT NAME: K, L And S Associates PPOJECT ADDRESS: Old Club House Rd. and Creekside Court Virginia Beach, Virginia 23452 TYPE OF PROJECT: flulti-Family, Residential Rental Housing Project - 29 - Item II-2c. RESOLUTIONS ITEM # 22525 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council ADOPTED the following Resolution: RESOLUTION APPROVING THE ISSUANCE OF SPECIAL REVENUE BONDS THROUGH THE NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTHORITY TO LTSA SQUARE ASSOCIATES IN THE AMOUNT OF $1,800,000. 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 *Verbal Aye September 17, 1984 SUMMARY SHEET CITY OF VIRGIMIA BEACH DEVELOPMENT AU@HORITY APPROVAL OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO BE ISSUED BY NEWPORT NEWS REDEVELOP14ENT AND HOUSING AUTHORITY 1. PROJECT NAME: Lisa Square Apartments 2. LOCATION: Southern Terminus of Lisa Square 3. DESCRIPTION OF PROJECT: Approximately 80-units m.ult ifami@ rental housing 4. AMOUNT OF BOND ISSUE: $1,800,000 5. PRINCIPALS: Jeffrey W. Ainslie James W. Gravely John W. Ainslie 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property A-4 b. Is. rezoning proposed? Yes No X c. If so, to what zoning classification? The purpose of this Resolution is to invite and encourage the Newport News Redevelopment and Housing Alithority to issue its Special Revenue Bonds for the benefit of Lisa Square Associates. I City Council of Virginia Beach, Virginia Municipal Center Virginia Beach, Virginia FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING September 5, 1984 Lisa Square Associates Multi-family Rental Housing Project 1. Maximum amount of financing 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 using present tax rates $ 14,400 4. Estimated personal property tax per year using present tax rates $ 20,400 5. Estimated merchants' capital tax (business license tax) per year using present tax rates $ 900 6. Estimated dollar value per year of goods and services that will be purchased locally s 100,000 7. Estimated number of regular employees on year round basis 2 8. Average annual salary per employee $ 15,000 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 C airman PROJECT NAME: Lisa Square kssociates PROJECT ADDRESS: Southern Terminus of Lisa Square TYPE OF PROJECT: Multi-family rental housing project RESOLUTION WHEREAS, Lisa Square Associates (the "Developer") desires to construct housing in the City of Virginia Beach (the "City"); and WHEREAS, the City wishes to encourage the construction of housing in order to provide needed apartment dwellings; and WHEREAS, the Developer desires to finance the development of such housing with the proceeds of industrial revenue bonds exempt from taxation pursuant to Section 103(b)(4)(A) of the Internal Revenue Code of 1954, as amended; and WHEREAS, the Newport News Redevelopment and Housing Authority (the "Authority") has the power to make loans for assistance in housing construction, and to issue its bonds for the benefit of the Developer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. There is a need for the Authority to exercise its aforesaid powers within the City for the purposes hereinabove described and the Authority is invited and encouraged to issue its bonds for the benefit of the Developer and the furtherance of such purposes. 2. This resolution shall not be deemed an endorsement of the bonds or the creditworthiness of the Authority, the Developer or any other person or entity, and the Bonds shall provide that the City shall not be obligated to pay the bonds or the interest due thereon or other costs incident thereto, and nieither the faith and credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. ADOPTED: Septmber 17, 1984 - 30 - Item II-3a. RESOLUTIONS ITEM # 22526 Upon motion by Councilman Fentress, seconded by Councilman McCoy, City Council ADOPTED the following Resolution (AS AMENDED): RESOLUTION OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH REQUESTING THAT THE STATE CORPORATION COMMISSION DENY THE RIGHT TO THE CHESAPEAKE AND POTOMAC TELEPHONE COMPANY TO OFFER LOCAL TELEPHONE LINES TO BUSINESSES THAT TRANSMIT SEXUALLY EXPLICIT TAPE RECORDINGS TO CALLERS FOR A FEE. 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 17, 1984 - 30a - A RESOLUTION OF THE COUNCIL OF THE CITY OF VIRCTNIA BEACH REC)UESTING THAT THE STATF CORPORATION COMMISSION DENY THE RIGHT TO THE CHESAPEAKE AND POTOMAC TELEPHONE COMPANY TO OFFER LOCAL TELEPHONE LINES TO BUSINESSES THAT TRANSMIT SEXUALLY EXPLICIT TAPE RECORDINGS TO CALLERS FOR A FEE WHEREAS, Chesapeake and Potomac Telephone Companv has agreed to offer local telephone lines to businesses wisbinq to provide free recorded information and messaqes for a fee to telephone callers; and WHEREAS, amonq the three businesses that have ordered such lines from C & P is Hiqh Societv Magazine whose "livinq centerfold telephone service" in New York caused such public uproar that the United States Conqress asked the Federal Communications Commission to restrict the ability of children to reach these telephone messages, a result of which was that the FCC restricted the interstate provision of such messaqes to between the hours of 9:00 p.m. and 8:00 a.m.; and WHEREAS, Hiqh Society Magazine has announced plans to offer these sexually explicit tapes for Tidewater residents throuqh three local telephone numbers; and WHEREAS, C & P Telephone has said that it may not refuse telephone service to Hiqh Society Maqazine; and WHEREAS, the State Corporation Commission has issued an order indefinitely delavinq the offer of such services by C & P and orderinq C & P to place daily advertisements in virqinia newspapers for two weeks, askinq for public comment on telephone mes8age services, sayinq that it would study whether to ban such services after public comments had been received; and WHEREAS, it is the profound conviction of the Council of the City of Virginia Reach that this City should not be the location for the offering of sexully explicit messages, which contribute to the lowerinq of the quality of life in this community and can be extremely harmful to children who listen to such explicit sexual descriptions, which High Society Maqazine September 17, 1984 - 30b - says will include the voice of a woman graphically describing sexual activities; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach request that the State Corporation Commission refuse permission to the Chesapeake and Potomac Telephone Company to offer telephone message services as long as those services would be available to businesses that would offer sexually explicit tape recordings to telephone callers, which tape recordings would be available to all callers without restriction, includinq children, to whom they would be harmful. 2. That the Council of the City of Virginia Beach further requests the United States Congress, the Federal Communications commission and other appropriate governmental bodies and agencies to take all action necessary and constitutional to prohibit and restrict the provision of obscene recorded messages to telephone callers, in particular messages available to children. 3. That this resolution shall be in effect from and after its adoption. Adopted by the Council of the City of Virqinia Beach, Virginia, this 17 day of September 1984. GLF/sm 9/12/84 9/14/8 4 (RES.4) September 17, 1984 - 31 - Item II-J. CONSENT AGENDA ITEM # 22527 Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council APPROVED in ONE MOTION, Items 1, 2, 3, 4, 5, 6, 7, and 8 of the CONSENT AGENDA. 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, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones September 17, 1984 - 32 - Item II-J. I CONSENT AGENDA ITEM # 22528 Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council ADOPTED the following Resolution: RESOLUTION REQUIRING CITY DEPARTMENTS TO NOTIFY ONE OWING A DEBT TO THE CITY OF HIS PAST DUE ACCOUNT, WHERE APPROPRIATE TO ESTABLISH INSTALLMENT PAYMENT ARRANGEMENTS, TO COLLECT AND MAINTATN CURRENT IN- FORMATION ABOUT THE DEBTOR INCLUDING BUT NOT LIMITED TO HIS ADDRESS AND TELEPHONE NUMBER, AND BY A DEMAND FOR PAYMENT LETTER NOTIFY THE DEBTOR THAT THE DEBT WILL BE REFERRED TO THE OFFICE OF THE CITY ATTORNEY FOR LEGAL ACTION, AND FINALLY TO REFER DEBTS OWED THE CTTY TO THE OFFICE OF THE CITY ATTORNEY WITHIN ONE YEAR FROM THE DATE THE DEBT WAS INCURRED. 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, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent; Robert G. Jones September 17, 1984 -. 32a - A RESOLUTION REQUIRING CITY DEPARTMENTS TO NOTIFY ONE OWING A DEBT TO THE CITY OF HIS PAST DUE ACCOUNT, WHERE APPROPRIATE TO ESTABLISH INSTALLMENT PAYMENT ARRANGEMENT, TO COLLECT AND MAINTAIN CURRENT INFORMATION ABOUT THE DEBTOR INCLUDING BUT NOT LIMITED TO HIS ADDRESS AND TELEPHONE NUMBER, ANb BY A DEMAND FOR PAYMENT LETTER NOTIFY THE DEBTOR THAT THE DEBT WILL BE REFERRED TO THE OFFICE OF THE CITY ATTORNEY FOR LEGAL ACTION, AND FINALLY TO REFER DEBTS OWED THE CITY TO THE OFFICE OF THE CITY ATTORNEY WITHIN ONE YEAR FROM THE DATE THE DEBT WAS INCURRED WHEREAS, many debts owed the City become uncollectable; and WHEREAS, there exists the need to establish a procedure for the collection of these debts. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That all City departments shall notify one owing a debt to the City of his past due account, where appropriate, shall establish installment payment arrangements, shall collect and maintain current information about the debtor including but not limited to his address and telephone number and shall, by a demand for payment letter, notify the debtor that the debt will be referred to the Office of the City Attorney for legal action, and finally shall refer debts to the Office of the City Attorney within one year from the date the debt was incurred. Adopted by the Council of the City of Virginia Beach, Virginia, this 17 day of September 1984. CLL/sm 8/17/84 10/2/8 4 (RES. 2) September 17, 1984 - 33 - Item 11-J.2 CONSENT AGENDA ITEM # 22529 Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance to transfer $56,500 from Water and Sewer Fund Reserves for replacement of the MAGIC HOLLOW SUBDIVISION SEWER FORCE MAIN. 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, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones September 17, 1984 - 33a AN ORDINANCE TO TRANSFER $56,500 FROM WATER AND SEWER FUND RESERVES FOR REPLACEMENT OF THE MAGIC HOLLOW SUBDIVISION SEWER FORCE MAIN WHEREAS, residents of the Magic Hollow subdivision are presently served by the 8" sewer force main constructed of PVC plastic pipe, and WHEREAS, excessive pressure on the walls of the pipe have resulted in a high frequency of failure rate with repairs to the force main made precarious due to four underground high voltage cables running parallel and in the close proximity to Lhe force main, and WHERFAS, members of the Public Utilities Department have recom- mended the replacement of the PVC pipe with an B" ductile iron force main to be constructed within a new route away from Lhe high voltage lines, and WHEREAS, the construction of the Magic Hollow force main repla- cement is estimated at $56,500, NOW, THEREFORE, BE IT OPDAINED BY THE COUNCIL OF THE CITY OF VIRGINlA BEACH, that $56,500 be transferred from the Water and Sewer Fund Reserve for Contingencies to the Water and Sewer operating budget for the replacement of a sewer force main in the Magic Hollow subdivision. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Reach on Lhe 17 day of September 19 84 . September 17, 1984 KAR/2 ORD19 - 34 - Item II-J.3 CONSENT AGENDA ITEM # 22530 Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance, on SECOND READING, to accept and appropriate $127,100.00 from the U.S. Department of Housing and Urban Development for RENTAL HOUSING REHABILITATION. 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, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones September 17, 1984 - 34a - AN oRD m AccEPT AND APPRop $127,100.00 FROM THE U. S. DEP OF HOUSING AND FOR HOUSlt4G ILITATICN the U. S. Departw-nt of HousiN and u@ Develt (HLM) has a@ded the City of Virginia Beach a grant in the amomt of $127,100.00 for use in Rental Housing Rehabilitation, and WHEREAS, the City of Virginia Beach bas develcped a Rental Housing ilita@ progran oonta@ the neces@ isms for implmmtation in carpl@ with federal and local directives, and WHEREAS, the use of these funds for Rental Housing Rehabilitation wi-11 assist in the City's goal of eliminating deteriorated corkditions in low and ate inccm neighborhoods. NOFA, BE IT BY THE COUNCIL OF THE CI'RY OF IA BEACH, VIRGINIA: That funding of $127,100.00 fran HM be accepted and appropriated for use in Rental Housing Rehabilitation. AND BE IT FUMM 0 , that the appropriations be finanoed 100% by federal funds fran HM, with no local mtch required. FIRST @ING-. September 10, 1984 SEOCND READIM: September 17, 1984 September 17, 1984 - 35 - Item 11-J.4 CONSENT AGENDA ITEM # 22531 Upon motion by Councilwoman Henley, seconded by Counciwoman Oberndorf, City Council ADOPTED an Ordinance, on SECOND READING, to appropriate funds of $10,000 for the SHAKESPEARE FESTIVAL PROGRAM. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, E. Jack Jennings, Jr., Louis R. 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: Robert G. Jones September 17, 1984 - 35a AN ORDINANCE TO APPROPRIATE FUNDS OF $10,000 FOR THE SRAKESPEARE FESTIVAL PROGRAM WHEREAS, the Depart,ent of Parks and Recreation has pro- vided a Shakespeare Festival Program from August 17th through September 1, and WHEREAS, the Virginia Reach Public Schools has requested that the department provide seven additional performances of Macbeth at the Pavilion Theatre for Virginia Beach students from September 17th-21st, and WHEREAS, the additional performances are estimated to cost $10,000 and the School Administration is willing to pay this amount for these services. NOW THEELEFORE, BE IT ORDAINED BY THE COUNCII. OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of $10,000 be appropriated to the Department of Parks and Recreation for the additional performances of the Shakespeare Festival Program and that local miscellaneous revenues be increased by $10,000 Lo offset the additional approprialion. This ordinance shall be in effect Erom the date of its adoptLon. Adopted by the Council of the City of Virginia Beach, Virginia on 17 day of September 1984. FIRST READING: September 10, 1984 September 17, 1984 SECONI) READING: JCM/ORD/15 Appri-VED AS-, 0 CC,-4TENT September 17, 1984 A;-p - 36 - Item II-J.5 CONSENT AGENDA ITEM # 22532 Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance, on SECOND READING, to appropriate $5,292,960 for Fiscal Year 1985 for the payment of PURCHASE ORDERS brought forward from Fiscal Year 1984. 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, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones September 17, 1984 36a - AN ORDINANCE TO APPROPRIATE $5,292,960 FOR FISCAL YEAR 1985 FOR THE PAYMENT OF PURCHASE ORDERS BROUGHT FORWARD FROM FISCAL YEAR 1984 WHEREAS, during the course of business in fiscal year 1984, purchase orders or contracts were issued committing the City to purchases of materials, supplies, equipment or services for use by several departments, divisions, or bureaus, and WHEREAS, these purchase orders or contracts were charged to appropriations previously authorized for the fiscal year ended June 30, 1984 so as to reduce the unencumbered balance of those appropriations, and WHEREAS, on June 30, 1984 there were purchase orders or contracts totaling $5,292,960 for which materials, supplies, equipment or services had not been delivered or invoiced, NOW, THEPEFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that the funds totaling $5,292,960 unexpended and represented by purchase orders outstanding on June 30, 1984 be reapproprialed as additions to fiscal 1985 appropriations to the respective departments, divisions, or bureaus of the city so that upon delivery of the materials, supplies, equipment or services, there shali be sufficient funds to make payment. These funds shall be appropriated from the following respective fund balances: General $3,987,826 Water and Sewer 548,518 Law Library 538 Tidewater Virginia ASAP 11,807 Pendleton Child Service Center 9,407 School Operating 734,864 Total Outstanding $5 292,960 This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Reach, Virginia on 17 day of September 1984. FIRST READINC: September 10, 1984 SECOND READING: September 17, 1984 JCM/ORF)/19 September 17, 1984 - 37 - Item II-J.6 CONSENT AGENDA ITEM # 22533 Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council APPROVED an Ordinance, on FTRST 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, E. Jack Jennings, Jr., Louis R. 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: Robert G. Jones September 17, 1984 - 37a - AN ORDINANCE TO APPROPRIATE FUNDS OF $3,149 TO THE POLICE DEPARTMENT FOR EQUIPMENT 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 desires a recorder/transcriber to be used by the Special Investigations Unit to 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 transcribing equipment needed by the Special Investigations 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 day of 1984. FIRST READING: September 17, 1984 SECOND READING: JCM/25 September 17, 1984 - 38 - Item II-J.7 CONSENT AGENDA ITEM # 22534 Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council APPROVED an Ordinance, on FIRST 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, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones September 17, 1984 - 38a - AN ORDINANCE TO AND AppRopRIATE $1,500.00 FOR THE "BET= BEGINNINGS" P the state De t of mental Health and Mental Retardation has made available a grant in the arrount of $1,500.00 to the City's Departnient of Mental Health and Mental Retardation, and , this grant will be used to provide funding for the "Better Beginnings" prc)gr-, -d WBEREAS, this program will assist in the creation of a Virginia Beach coalition to reduce adolescent pregnancies and to @rove the outcomes of those adolescent pregnancies that do occur. NOW, BE IT O@ BY THE COLINCIL OF THE CITY OF VI@IA BEACB, VIWINIA: That the City Manager is hereby authorized to accept the grant for the city, and funds are hereby appropriated for the following purpose: MH/MR "Better Beginnings" Program $1,500.00 BE IT 0 that appropriations will be financed by $1,500-00 revenue frorn the State Departnient of Mental Health and Mental Retardation, with no local nutch requ-i-red. FIRST READING: September 17@ 1984 READING: Adopted by the Council of the City of Virginia Beach, Virginia on the day of 1984. September 17, 1984 - 39 - Item II-J.8 CONSENT AGENDA ITEM # 22535 Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council APPROVED the LOW BID of SUBTJRBAN GRADING AND UTILITIES, INC., in the amunt of $371,306.00 for the SMALL LINE IMPROVEMENTS PROJECT; 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, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones September 17, 1984 - 40 - Item II-K.1 APPOINTMENTS ITEM # 22536 BY CONSENSUS, City Council DEFERRED INDEFINITELY APPOINTMENTS of the following: MOSQUITO CONTROL COMMISSION September 17, 1984 - 41 - Item 11-K.2 APPOINTMENTS ITEM # 22537 Upon NOMINATION by Councilwoman Henley, City Council APPOINTED the following: Oscar E. Northen, Jr., BOARD OF PLUMBING AND MECHANICAL APPEALS (for a two (2) year term beginning October 3, 1984 and ending October 31, 1986) Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentresst Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. 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: Robert G. Jones *Verbal Aye September 17, 1984 - 42 - Item II-K.3 APPOINTMENTS ITEM # 22538 Upon NOMINATION by Councilman Louis Jones, City Council APPOINTED the following: Roland E. Dorer WETLANDS BOARD (for a term beginning September 18, 1984 and ending September 30, 1989) 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, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones September 17, 1984 - 43 - Item II-L.1 UNFINISHED BUSINESS OVERCROWDING IN CITY JAIL ITEM # 22539 ADD-ON Councilman Jennings inquired concerning overcrowding in the City Jail as referenced by recipients of the PROCLAMATION recognizing JAIL MINISTRY WEEK. Councilman Jennings requested the staff to investigate. September 17, 1984 - 44 - Item II-L.2 UNFINISRED BUSINESS TAX-EXEMPT STATUS ITEM # 22540 ADD-ON Mayor Heischober referenced a letter from the City Manager noting that on August 24, 1984, information was presented to City Council concerning alter- natives for evaluating requests for tax-exemption. As several of the entities are making applications for tax-exemption, this item will be discussed in the City Council Meeting of September 24, 1984. September 17, 1984 - 45 - Item 11-L.3 UNFINISHED BUSINESS COMPREHENSIVE PLAN ITEM # 22541 ADD-ON Mayor Heischober referenced dates of the PLANNING COMMISSION's Public Hearings on the COMPREHENSIVE PLAN. They are as follows: September 25, 1984 October 4, 1984 October 11, 1984 As these dates would conflict with the proposed worksbops of City Council, it will be necessary to reschedule same when presented the draft of the COM- PREHENSIVE PLAN by the Planning Commission as modified by the public input. The Mayor requested the staff to provide CABLE TELEVISION with the three scheduled Public Hearings of the PLANNING COMMISSION to be held in Council Chambers. September 17, 1984 - 46 - Item II-M.1 NEW BUSINESS NATIONAL LEAGUE OF CITIES STEERING COMMITTEE ITEM # 22542 ADD-ON Councilwoman oberndorf referenced the meeting of the NATIONAL LEAGUE OF CITIES STEERING COMMITTEE ON ENERGY, ENVIRONMENT AND NATURAL RESOURCES held in Boulder, Colorado last week. Thirty states were represented with many local officials in attendance. This meeting primarily encompassed infrastructre and the funding of same, the Clean Water Act, Sewer Treatment, as well as the Federal Deficit. Emphasis was placed on the $1.00 a barrel for imported oil in Excise Tax, a 1% Federal Sales Tax, as well as cuts in different programs on the National Level. Consensus of this particular body seemed to be that Federal Grants would be coming to a halt after the next election. Three sides of Boulder is framed by a mountain range. Because of the people's dedication to preserve this scenery around this magnificent area, the populous voted for a six-tenths of a mille tax to buy the land. The City owns the land and it is public. There is a "BLUE LINE" and a sign stating that a private road is being entered where there will not be any public maintenance, nor public utilities provided. Boulder will be forwarding copies of the COMPREHENSIVE LAND USE PLAN and Zoning Ordinances to Councilwoman Oberndorf. At Councilwoman Oberndorf's instigation, this Committee will consider meeting in Virginia Beach next year. September 17, 1984 - 47 - Item II-M.2 NEW BUSINESS RESIDENTIAL-COMMERCIAL INVESTORS, INC. ITEM # 22543 Attorney Grover Wright represented the applicant Upon moti6n by Councilman Louis Jones, seconded by Councilwoman Creech, City Council APPROVED RECONSIDERATION, at the request of ROBERT FANNEY, for a WAIVER of a condition in the application of RESIDENTIAL-COMMERCIAL INVESTORS, INC., BAILEY PARKER CONSTRTJCTION CORPORATION AND CHARLES 0. HARPER for a Change of Zoning from Residence Suburban District 4 (R-S 4) to Limited Commercial District 3 (C-L 3) on certain property located on the Southwest 17, 18 and 19, Part of Bradford Terrace, Section No. 2, Bayside Borough. (Approved by City Council on April 17, 1972). RECONSIDERATION will be at the City Council Meeting of October 8, 1984. The condition specified is as follows: Subject to a dedication of a right-of-way 80 feet from the center line of the existing 100-foot right of way along the 237-foot more or less frontage on Shore Drive (30-foot dedi- cation) as requested by the Real Estate Division. 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 17, 1984 - 48 - Item II-N. ADJOURNMENT ITEM # 22544 Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council ADJOURNED the meeting at 4:50 p.m. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henl.ey, 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. @2 @ @@- @ Beverly.'U. Hooks Deputy City Clerk 1-th, CMC R-dth Hodges Sm -.@hber City Clerk City of Virginia Beach Virginia *VOTE WAS TAKEN VERBALLY /bh September 17, 1984