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HomeMy WebLinkAboutNOVEMBER 14, 1983 MINUTES Cit@ cDf 13@Et@@ "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR LOUIS R. JONES, B.y@id. 8 .... Rb VICE-MAYOR BAR13ARA M. HENLEY, P..g. B.,.@gb jOliN A. BAUM, B...Sb NANCY A. CREECII. A, L.,g. HAROLD IIEISC/IOBER, At L.,g@ Ii. JACK JENNINGS. JR., Ly..b.... B@-.gb ROBERT G. JONES. At L.,g, W. Ii. KITCIIIN. Ill. Vilgi-l- 8@-@b REBA S. M,CLANAN. P,i .... A.@@ B.@.gb 212 CITY HALL. BUILDING 1. IIENRY AI,COY. JR.. B .... gb MUNICIPAL CENTER MEYERA E. 013ERNOORF, At L.,g@ VIRGINIA BEACH, VIRGINIA 23436 RUTH HODGES SMITH. CMC, City Cl@lk (804) 427-4303 CITY COUNCIL AGENDA November 14, 1983 ITEM 1. INFORMAL SESSION: 12:30 p.m. A. CALL TO ORDER - Mayor Louis R. Jones B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS 1. Matters for discussion by Mayor. 2. Matters for discussi ouncil. E. CITY MANAGER'S ADMINISTRATIVE ITEMS 1. Reedtown Community Plan: Briefing by Mr. Benjamin C. Moore, Assistant to the City Manager for Community Development. 2. Minimum Housing Enforcement Procedures: Briefing by Mr. Robert Loher, Director of Department of Permits and Inspections. 3. Capital Project Status Report for Period Endi 1983: Discussion. 4. Interim Financial Statements for the Period July 1, 1983, through September 30, 1983: Discussion. 5. Review of Consent Agenda. ITEM II. FORMAL SESSION: 2:00 p.m. A. INVOCATION: Reverend Andrew W. Ballentine, Jr. Pastor Emanuel Lutherna Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. C. ELECTRONIC ROLL CALL OF COUNCIL D. MINUTES OF PREVIOUS MEETING: 1. Motion to accept/approve the Minutes of November 7, 1983. E. PRESENTATION: 1. Fraternal Order of Public Safety F. RESOLUTIONS 1. Industrial Revenue Bonds a. Resolution approving the issuance of Industrial Development Revenue Bonds for Bonney Road Hotel Associates ($6,500,000) b. Resolution approving the issuance of Industrial Development Revenue Bond for D & P Associates ($850,000). c. Resolution approving the issuance of Industrial Development Revenue Bond for C & C Company, Inc. ($500,000) d. Resolution approving the issuance of Industrial Development Revenue Bond for Davison Physician Associates aVirginia General Partnership ($650,000). e. Resolution approving the issuance of Industrial Development Revenue Bonds (Northampton Associates Facility) ($3,500,000). f. Resolution approving the issuance of Industrizil Development Revenue Bond to Off-Price Mall Associates I($4,300,000). g. Resolution approving the issuance of Industrial Development Revenue Bond for Off-Price Mall Associates II ($5,000,000). h. Resolution approving the issuance of Industrial Development Revenue Bond for Toll South Associates, a Virginia General Partnership ($1,350,000). i. Resolution approving the issuance of the 1983 - $900,000 Industrial Development Refunding Revenue Bond for Northampton Corporate Park Associates ($900,000) J. Resolution approving the issuance of Industrial Development Revenue Bonds for E. R. Realty Associates ($3,150,000) k. Resolution approving the issuance of Industrial Development Revenue Bonds for ATPAC Associates ($700,000) 1. Resolution approving the issuance of Industrial Development Revenue Bonds for Health Professional Center Associates ($1,000,000) M. Resolution approving the issuance of Industrial Development Revenue Bond to Poffenberger & Gills ($690,000). ITFM II F. RESOLUTIONS (Cont'd) 1. Industrial Revenue Bonds (Cont'd) n. Resolution approving the issuance of Industrial Development Revenue Bond for Lynnhaven Crossing Associates ($3,500,000) 2. Resolution encouraging the Hampton Redevelopment and Housing Authority issue its Special Revenue Bonds for the benefit of Columbus Station Associates. 3. Resolution urging immediate Army Corps of Engineers Approval of the Lake Gaston Water Supply Project. G. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. 1. Ordinance, on SECOND READING, to accept and appropriate additional funds of $2,000 for the Clean Community System Program. 2. Ordinance, on SECOND READING, to accept and appropriate funds (in the amount of $21,451) from tbe Southeastern Virginia Areawide Model Program (SEV @ ). 3. Ordinance, on SECOND READING, to appropriate funds of $14,777 and transfer funds of $16,917 to Emergency Medical Services for Commu- nication Improvements. 4. Ordinance, on SECOND READING, to accept a grant for $5,400-from the Virginia Department of Transportation Safety and to appropriate these funds. 5. Ordinance, on SECOND READING, to appropriate funds of $10,000 to the Pendleton Child Service Center for additional supplies, equi'Pment and alterations. 6. Ordinance to Transfer Funds of $11,216 from the General Fund Reo@rve for Contingencies to the City Clerk's Budget for Word Processing Equipment, 7. Low Bid of Carter-Bell Corporation in the amount of $429,786.60 for Small Line Improvements Project, Contract 6 (CIP 5-,304); AND, auth@ orize the City Manager to enter i-nto the necessary agreements for the implementation of the project. 8. Bingo Permit: Virginia Beach Soccer Club 9. Request of City Treasurer for Tax Refunds in the amount of $12,957.47. PLANNING - RECONSIDFRATION 1. Applicant's request for a RECONSIDERATION of a condition approved in the application of SUNSTREAM PARK, INC. for a Change of Zoriing from B-2 Community-Business District to R-8 Residential District on certain parcels in the Princess Anne and Kempsville Boroughs - approved by City Council on December 18, 1978. (On October 24,1983 Council agreed to reconsider this matter. On November 7, 1983, this matter was deferred for one week.) ITEM II H. PLANNING - RECONSIDERATION (Cont'd) 2. Request of Thomas C. Broyles, on behalf of Colonial-Laskin Associates, that approval of a change of zc7ning for a parcel of land located on the north side of the Virginia Beach -Nor- folk Expressway, beginning at the intersection of Village Drive and English Court be RESCINDED. This change of zoning was approved on October 10, 1977, from B-2 Community-Business Dis- trict to A-2 Apartment District. (Lynnhaven Borough). 3. Request of n Dunn and Dorothy Hudgins to relax the existing restriction on this B-4 property to permit whatever parking uses are allowed in B-4. Property located on thirty-fourth Street (Virginia Beach Borough). (City Council approved this change of zoning from A-1 Apartment District to B-4 Resort-Commerical Dis- trict on February 14, 1983.) I. PLANNING 1. Ordinance closing, acating and i continuing a portion of Cleveland Street located at the southwest intersection with Clearfield Avenue totaling 1.36 acres, in the petition of Runnymede Corporation (Bayside Borough). This matter was deferred for two weeks on October 24, 1983, for furtber comments from the Viewers. a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval, and the opinion of the Viewers that the proposed closure will result in public inconvenience. 2. Ordinance closing, vacating and iscontinuing a portion of Lynn Shores Drive in the petition of Irma C. Harty and Thomas M. and Rita K. Vojtek. This 6,093-square foot unimproved portion of right-of-way is located along the southwest corner of Lynn Shores Drive and Rumford Lane (Kempsville Borough.) This matter was deferred for 30 days on October 10, 1983. a. Letter from the City Manager transmits the recommendation that this matter be deferred for an additional thirty days. 3. Application of Colonial Self Storage for a conditional use permit for minf-warebouses on an 8.5-acre parcel located along the west side of Holland Road, north of Shipps Corner Road (Princess Anne Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 4. Application of Redwing Associates for a change of zoning from B-2 Community-Business District to A-1 Apartment District on a 9.. 3@- acre parcel located along the north and south sides of Eaglewood Drive, west of Oceana Boulevard (Princess Anne Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for withdrawal. 5. Application of SHR Investment Company for a change of zoning from R-8 Residential District to B-2 Community-Business District on a 6.4-acre parcel located west of Holland Road, north of Shipps Corner Road (Princess Anne Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. ITEM 11 1. PLANNING (Cont'd) 6. Applications of R. G. Moore Building Corporation for changes of oning (Princess Anne Borough): a. R-5 Residential District to R-8 Residential District, 271.7 acres - Old Dam Neck Road/Dwyer Road. b. R-6 Residential District to R-8 Residential District, 2 Parcel.s North side of Old Dam Neck Road - 113.8 acres. C. AG:dl/ icuIRtru!l District to A-1 Apartment District - Dam Neck TO Zer . d 77.5 acres. d. AG-1 Agricultural District to R-8 Residential District, 135.2 acres, South of Old Dam Neck Road, East of Dwyer Road. e. AG-2 Agricultural District to R-8 Residential District, 5 Parcels, Touth of Old Dam Neck Road an- North of Culver Lane, 45.5 acres. f .A(;-2 Agriculturzil I)].,tril't L,) A-1 AparLlit,'Il L 1) i ; t l' I ' L , 9 . 3 A,- Dam Neck Road/Dwyer Road. g. R-8 Residential District to PD-H2 Overlay District "Rezoning Pl@it of Malbon Property", 578.4 acres. h. A-1 Apartment District to PD-112, Dam Neck Road/Dwyer Road, 86.80 acres. 7. Amendment to Article 5, Section 563 (f), of the Comprehensive Zoning Ordinance pertaining to Nonconforming lots in the R-7 District. (Recommendation of the Planning Commission will be available at the Council Meeting of the City of Virginia Beacti on November 14, 1983, as same is being considered by the Planning Commission at its November V, 1983 Meeting.) 0 J. ORDINANCES 1. Amendment to an Ordinance Ratifying and Confirming the Creation of the Vi@r inia Beach Arts and Humanities Commission and providing for its composition, terms of members, conducting of business, etc. K. APPOINTMENTS L. UNFINISHED BUSINESS 1. Ordinance to amend the Master Street and Highway rlan dated December 16, 1974 pertaining to relocating Baxter Road. (This matter was deferred for one week on November 7, 1983.) M. NEW BUSTNESS 1. Presentation of Capital Improvements Program for FY 1983/84 through 1987/88. N. ADJOURNMENT 1. Motion to Adjourn. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 14, 1983 The Regular Meeting of the Council of the City of Virginia Beach, Virginia was called to order by Mayor Louis R. Jones in the Conference Room, City Hall Building, on Monday, November 14, 1983, at Twelve Forty-Five in the afternoon. Council Members Present: Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Absent: John A. Baum and Nancy A. Creech *Councilwoman Creech entered the meeting at 1:05 p.m. November 14, 1983 -2- ITEM # 20912 Mayor Jones entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration @f 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 institu- tion which could affect the value of property owned or desirable for ownership by such institution. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman McCoy, seconded by Councilman Robert Jones, City Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. Voting: 9-0 Council Members Voting Aye: Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum and Nancy A. Creech November 14, 1983 -3- M A T T E R S B Y M A Y 0 R VIRGINTA BEACH RESEARCH AND ADVISORY COLTNCIL ITIN # 20913 Mayor Jones stated he had received a letter from Timothy E. Barrow, President, Virginia Beach Research and Advisory Council, wherein the Advisory Council was seeking the advice and direction of the City Council and City Administra- tion prior to finalizing its program for 1983-1984. The plan is to finalize the program at the Advisory Council's next meeting on November 15, 1983. Mr. Barrow's letter of November 11, 1983 focused on annual studies being considered, proposed short-term studies, and City Administration's suggestions for adjustments to the proposed studies. Said letter is hereby made a part of the record. November 14, 1983 -4- M A T T E R S B Y C I T Y M A N A G E R REEDTOWN COMMUNITY PLAN ITEM # 20914 A briefing was presented by Benjamin C. Moore, Assistant to the City Manager for Conununity Development, on the Reedtown Community Plan. Mr. Moore was assisted by Harold Hubbard, Community Development Programs Coordinator. Reedtown has been a TARGET AREA since 1979. At that time, the community consisted of fifteen residences and a considerable amount of property. The overall approach of the plan is to improve utility availability in the area -- not just for the present residents, but for future residents also. The initial problem for development was "checkerboard" ownership. Mr. Hubbard presented a chart which indicated the location of residents and non-residents. Among plans considered were: 1. Exchange of property (residents/non-residents). This was not feasible because of the stability of the nei-ghborhood. 2. Development of all of Reedtown (provide public access to Sir John through Witchduck Road which would benefit residents and non-residents; maximum development of 90 units). Concerns were expressed by the Planning Depart- ment. 3. Project boundaries were not extended to Witchduck Road (stopped where Reedtown residents owned property). Recommendation: Acquisition of a Park to (a) serve Reedtown residents, (b) assist in drainage solu- tion (permanent open space for drainage), (c) reduce density in adja- cent neighborhood. 4. Recommended R-8 zoning to maximize community development in the Reedtown area inasmuch as R-8 would allow for different housing options. The final recorrffnendation on the plan of action for development in the Reedtown community will be presented to the Planning Commission in January, 1984. Discussion. Further review of the Reedtown Community Plan was requested by Council. The Department of Community Development was asked to restudy the proposed zoning as to R-6 versus R-8 and report back to City Council. November 14, 1983 -5- M A T T E R S B Y C I T Y M A N A G E R (continued) MINIMLM HOUSING ENFORCEMENT PROCEDURES ITEM # 20915 In accordance with Council's previous request, a briefing on Minimum Housing Enforcement Procedures was presented by Robert Loher, Director of Department of Permits and Inspections, who was assisted by Alexander Davis, Minimum Housing Enforcement Officer. Mr. Davis presented a chart showing the "Complaints and Systematic Inspections in 1982". He advised the Minimum Housing Code was adopted in 1968 and the enforcement of same was assumed by the Department of Permits and Inspections in 1974. "Housing Code Enforcement Procedures" were outlined on a chart. Mr. Davis explained that violations of the Housing Code are brought before the Housing Board of Appeals which is a decisive Council-appointed agency. He commented that in 1982 there were 3,991 tolally new intiated inspections and then pre- sented slides indicating examples of violations and, in some cases, the improvements which resulted. CAPITAL PROJECT STATUS REPORT ITEM # 20916 The Capital Project Status Report for the period ending September 30, 1983, was presented to Council on November 7, 1983. Referring to page 11 of the Report (PARKS AND RECREATION PROJECTS), Council members requested further information on: Red Mill Farms Park Great Neck Meadows Park Lynnhaven Park Racquetball Courts Hunt Club Forest (not included in the Report) Said Report is hereby made a part of the record. INTERIM FINANCIAL STATEMENTS ITEM # 20917 Interim Financial Statements for the period July 1, 1983 through September 30, 1983 were presented to Council members. Said Statements are hereby made a part of the record. November 14, 1983 -6- M A T T E R S B Y C I T Y M A N A G E R (continued) LYNN SHORES DRIVE CLOSURE ITEM # 20918 The City Manager advised the closure of Lynn Shores Drive (Planning Item II-I.2, Formal Agenda, in the petition of Irma C. Harty and Thomas M. and Rita K. Vojtek) was originally approved April 4, 1983 rather than March 21, 1983, as stated in his agenda letter. VIRGINIA BEACH SOCCER CLUB ITEM # 20919 The City Manager called attention to Item II-G.8 on the Consent Agenda which should read: Bingo and Raffle Permit for Virginia Beach Soccer EMERGENCY ONE ITEM # 20920 As an add-on item under "Unfinished Business" in the Formal Session, Council wi.11 vote on accepting the proposal from Emergency One for the lease/purchase of fire equipment. on November 7, 1983, Counci.1 authorized the City Manager to enter into an agreement with Emergency One for said lease/purchase. COZ/CUP APPLICATIONS ITF-M # 20921 Vice Mayor Henley stated her desire to consider separately an applicant's request for a Change of Zoning and Conditi.onal Use Permit. Referring to Planning Items II-H.3 (request for CUP by Colonial Self Storage) and II-H.5 (request for COZ by SHR Investment Company), it was requested that the Change of Zoning request be heard prior to the Conditional Use Permit request, inasmuch as it was for the same parcel of land. LAKE GASTON WATER SUPPLY PROJECT PUBLIC HEARING ITEM # 20922 City Manager Muehlenbeck stated a Public Hearing would be held in Roanoke Rapids on Monday, November 14, 1983 (5:30 p.m.) on the Lake Gaston Water Supply Project. A Public Hearing is also scheduled for Thursday, November 17, 1983, at the Pavilion in Virginia Beach at 5:30 p.m. November 14, 1983 -7- M A T T E R S B Y C I T Y M A N A G E R (continued) LEGISLATIVE PACKAGE ITEM # 20923 The City Manager offered two dates (November 22 and November 25, 1983) for a preliminary meeting with Legislators regarding the Legislative Package. Councilman Kitchin suggested City Council request written comments from the Legislators. VML LEGTSLATIVE COMMITTEE MEETING ITEM # 20924 Councilman Robert Jones and City Attorney Dale Bimson will be attending the Virginia Municipal League Legislative Committee Meeting in Richmond on Wednesday, November 16, 1983. BAXTER ROAD RELOCATION ITEM # 20925 It was determined to defer the Baxter Road relocation matter to November 21, 1983. (See Formal Agenda Item II-L.1 -- Ordinance to amend the master Street and Highway Plan dated December 16, 1974.) VIRGINIA BEACH CITY PUBLIC SCHOOL SYSTEM C.I.P. ITEM # 20926 In his letter dated November 14, 1983, Dr. E. E. Brickell, Division Superintendent, Virginia Beach City Public Schools, invited Council to hear a presentation on the Capital Improvements Program for the Virginia Beach School System. This briefing was tentatively scheduled for November 21, 1983, at 11:00 a.m. in the Conference Room, Adrninistration Building. November 14, 1983 -8- RECESS INTO EXECUTIVE SESSION ITEM # 20927 City Council recessed into EXECUTIVE SESSION at One Fifty-Five in the afternoon. Novernber 14, 1983 -9- F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 14, 1983 2:25 p.m. Council Members Present: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, TIT, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Absent: John A. Baun INVOCATION: Reverend Andrew W. Ballentine, Jr. Pastor Emanuel Lutheran Church PLEDGE OF ALLEGTANCE TO THE FLAG OF THE UNTTED STATES OF AMERICA November 14, 1983 -10- Item II-D.1 MINUTES ITEM # 20928 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council APPROVED the Minutes of November 7, 1983. Voting: 10-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council members Voting Nay: None Council members Absent: John A. Baum November 14, 1983 Item II-E.1 PRESENTATION ITEM # 20929 Mr. William Kellam, President of the Fraternal Order of Public Safety, made a presentation to LIEUTENANT CURTIS R. KREGLER of the Virginia Beach Fire Department, for his outstanding contributions to public safety. The Mayor was also presented with a plaque which Mr. Kellam requested be displayed in the Administration Building on which Lieutenant Kregler's name is shown as the FTRST recipient of this award. With Lieutenant Kregler were Dr. Clarence Holland, Senator-Elect (New 7th District), and Captain Carl Scherrer, upon motion by Councilman McCoy, seconded by Councilman Robert Jones, City Council ACCEPTED the Award plaque which will be displayed in the Adrninistration Building, municipal Center, City of Virginia Beach. Voting; 10-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum November 14, 1983 -12- Item II-E.2 PRESENTATION ADD-ON ITEM # 20930 A Resolution in Gratitude to Members of the Mayor's Air Cushion Vehicle Advisory Coimittee was adopted October 24, 1983. Individuals who served on said Committee to whom Mayor Jones presented individual Resolutions of Appreciation this date were as follows; WALT GRANDY CARL SCHERRER A copy of this Resolution will be personally delivered to other Members of the Mayor's Air Cushion Vehicle Advisory Committee who were unable to be present. November 14, 1983 - 13- Item II-F.l.a-n RESOLUTIONS ITEM # 20931 Upon motion by CounCilman Heischober, seconded by Councilwoman Creech, City Council ADOPTED Resolutions approving the issuance of Industrial Develop- ment Revenue Bonds for the following: BONNEY ROAD HOTEL ASSOCIATES ($6,500,000) D & P ASSOCIATES ($ 850,000) C & C COMPANY, INC. ($ 500,000) DAVISON PHYSICIAN ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP ($ 650,000) NORTHAMPTON ASSOCIATES FACILTTY ($3,500,000) OFF-PRICE MALL ASSOCIATES I ($4,300,000) OFF-PRICE MALL ASSOCIATES II ($5,000,000) TOLL SOUTH ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP ($1,350,000) NORTHAMPTON CORPORATE PARK ASSOCIATES ($ 900,000) E. R. REALTY ASSOCIATES ($3,150,000) ATPAC ASSOCIATES ($ 700,000) HEALTH PROFESSIONAL CENTER ASSOCIATES ($1,000,000) POFFENBERGER & GILLS ($ 690,000) LYNNHAVEN CROSSING ASSOCIATES ($3,500,000) Voting: 9-1 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: H. Jack Jennings, Jr. Council Members Absent: John A. Baum November 14, 1983 -13a- SUMMARY SHEET CITY OF VTRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: Bonney Road Hotel Associates Location: Between Bonney Road and Interstate 44 Description of Project: Hotel/Motel and Restaurant Facility Amount of Bond Issue: $6,500,000 Principals: Dennis Economos Andrew Economos Nick Economos This Bond Issue was approved by Council on August 9, 1983. The purpose of this Resolution is to change the name of the Project from Bonney Road Hotel, Inc. to Bonney Road Hotel Associates. November 14, 1983 -13b- A meeting of the Council of the City of Virginia Beach, virginia, at which a quorum was present, was held in the Council Chambers, in the Administration Building, on the I A day of 1983. Present: Vote: Absent: on motion by seconded by and voted upon as herein set forth, the following resolution was adopted. RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND FOR BONNEY ROAD HOTEL ASSOCIATES. WHEREAS, on August 9, 1983 tho- City of Virginia Beach Development Authority of Virginia 13each, whose address is 401 Lynnhaven Parkway, Virginia Beach, Virginia (the Authority) considered and held a public hearing on the application of Bonney Road Hotel, Inc., a Virginia cor- poration, whose address is 515 North Military Highway, Norfolk, Virginia 23502 (the "Applicant") for the issuance of the Authority's industrial development revenue bond in an amount not to exceed ($6,500,000-00) (the T3ond) to assist in the financing of the Applicant's acquisition, construction, furnishing and equipping of a one hundred fifty (150) unit hotel/motel with restaurant and meeting facilities (the Facility) to be located on a 4.402 acre parcel between Bonney Road and Route 44, east of Independence Boulevard, in the City of Virginia Beach, Virginia; and WHEREAS, the entity which is to own the Facility is to be Bonney Road Hotel Associates, a Virginia general part- nership, whose address is S15 North Military Highway, Norfolk, Virginia 23502 (the "Company") rather than the November 14, 1983 -13c- Applicant; and WHEREAS, the Authority has considered the substitu- tion of the Company for the Applicant in connection with the Authority's issuance of the Bond to assist in the financing of the acquisition, construction, fui:nishing and equipping of the Facility to be located on a 4.402 acre parcel between Bonney Road and Route 44, east of Independence Boulevard, in the City of Virginia Beach, virginia, and to be owned by the Company, and has held a public hearing thereon on Nov 8. 1983 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, a copy of the Authority's resolution approving the issuance of the Bond, subject to terms to be agreed upon and a record of the public hearing has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bond by the City of Virginia Beach Development Authority, whose address is 401 Lynnhaven Parkway, Virginia BEach, Virginia, for the benefit of Bonney Road Hotel Associates, a virginia general part- nership, whose address is 515 North Military Highway, Norfolk, Virginia 23502, to the extent required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bond, as required by Section 103(k), does not constitute an endorse- ment of the Bond or the ci:editworthiness of the Company, but, pursuant to Chapter 643, Virg-inia Acts of Assembly of 1964, as amended, the Bond shall provide that neither the November 14, 1983 2 - -13d- 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 Common- wealth, the City, or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on November 14 1983. mh.c r.brh.c 3 November 14, 1983 -13e- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: D&P Associates Location: 1.9599 Acre Parcel on the North Side of Newtown Road, Near Broadview Boulevard Description of Project: Residence for the Care of the Aged Amount of Bond Issue: $850,000 Principals: Donald A. Dahlman Paul W. Utterback November 14, 1983 -13f- 1983, FISCAL 114PACT STATEMENT (D&P Associates Facility) Residence For The Care Of The Aged 1. Maximum amount of financing sought s 850,000.00 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 775,000.00 3. Estimated real property tax per year using present tax rates $ 6,200.00 4. Estimated personal property tax per year using present tax rates $ 2,250.00 5. Estimated merchants' capital tax (e.g. business licenses, etc.) per year using present tax rates $ 2,000.00 6. Estimated dollar value per year of goods and services (including professional services) that will be purchased locally $ 120,000.00 7. Estimated number of regular employees on year round basis 9 8. Average annual salary per employee $ 13,850.00 NOTE: Excludes employee salaries. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY OF VIRGINIA BEACH, VIRGINIA By Authority Chairman mh.a fis.dp.c November 14, 1983 -13g- A meeting of the Council of the City of virginia Beach, Virginia, at which a quorum was present, was held in the Council Chambers, in the Administration Building, on the 14 day of November , 1983. Present: Vote: Absent: On motion by seconded by , and voted upon as E-erein set forth, the following resoYut-ion was adopted. RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND FOR D&P ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority of virginia Beach, whose address is 401 Lynnhaven Parkway, virginia Beach, Virginia (the Authority) has considered the application of D&P Associates, a Virginia general partnership, whose address is 520 South Independence Boulevard, Suite 100, Virginia Beach, Virginia, 23452 (the Company), for the issuance of the Authority's industrial development revenue bond in an amount estimated at not more than $850,000.00 (the Bond) to assist in the financing of the Company's acquisition, construc- tion, and equipping of a 16,000 square foot residence for the care of the aged for 45 to 50 residents (the Facility) on a 1.9599 acre parcel on the north side of Newtown Road, near Broadview Boulevard, having approximately 216.4 feet of frontage on Newtown Road, in virginia Beach, Virginia, to be owned by the Company and leased to and operated by Commonwealth Health Care, Inc., a virginia corporation, 520 South Independence Boulevard, Virginia Beach, virqinia, 23452, and has held a public hearing thereon November 8, 1983, and; November 14, 1983 -13h- WHEREAS, the Authority has requested the City Coun- cil (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, a copy of the Authority's resolution approving the issuance of the Bond, subject to terms to be agreed upon and a record of the public hearing has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council 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 D&P Associates, a Virginia general partnership, whose address is 520 South Independence Boulevard, Suite 100, Virginia Beach, Virginia 23452, to the extent required by section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bond, as required by Section 103(k), does not constitute an endorse- ment of the Bond or the creditworthiness of the Company, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bond shall provide that neither the city nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Common- wealth, the City, or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the city of Virginia Beach, virginia, on November 14 1983. mh.a -.dp.c November 14, 1983 2 -13i- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: C. C. & Company, Inc. Location: 2708 Pacific Avenue Description of Project: 6,000 Sq. Ft. Retail/Warehouse/Office Building Amount of Bond Issue: $500,000 Principals: Charles J. Conklin November 14, 1983 -13j- 1983, FISCAL IMPACT STATEMENT (C. C. & Company, Inc.) F@story Retail/Warehouse/Office Building 1. maximum amount of financing sought $ 500,000.00 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 350,000.00 3. Estimated real property tax per year using present tax rates $ 2,800.00 4. Estimated personal property tax per year using present tax rates $ 2,550.00 5. Estimated merchants' capital tax (e.g. business licenses, etc.) per year using present tax rates $ 52,900.00 6. Estimated dollar value per year of goods and services (including professional services) that will be purchased locally $ 150,000.00 7. Estimated number of additional regular employees on year round basis 25 to 50 8. Average annual salary per okmployee $ 81000.00 *NOTE- Denotes increase in taxable value/tax revenues. **NOTE: $2,900 Business license; $50,000.00 additional sales tax. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY OF VIRGINIA BEACH, VIRGINIA Bv Authority Chairman mh.a fis.ccc.c November 14, 1983 -13k- A meeting of the Council of the City of Virginia Beach, Virginia, at which a quorum was present, was held in the Council Chambers, in the Administration Building, on the 1 4day of N@v@mh@@ 1983. Present: Vote: Absent: On mot seconded by voted upon as herein set forth, the following resolution was adopted. RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND FOR C. C. & COMPANY, INC. WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, whose address is 401 Lynnhaven Parkway, Virginia Beach, virginia (the Authority) has con- sidered the application of C. C. & Company, Inc., a Virginia corporation, t/a Pete Smith's Surf Shop, Ltd., whose address is 300 28th Street and Pacific Avenue, Virginia Beach, Virginia 23451 (the Company), for the issuance of the Authority's industrial development revenue bond in an amount estimated at not more than $500,000 (the Bond) to assist in the financing of the Company's construction, and equipping of a 6,000 square foot, four story, retail/warehouse/office building (the Facility) at 2708 Pacific Avenue in Virginia Beach, Virginia, to be owned and operated by the Company, and has held a public hearing thereon on November 8, 1983 and; WHEREAS, the Authority has requested the City Coun- cil (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; vember 14 1983 -131- and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bond, subject to terms to be agreed upon and a record of the public hearing has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council 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 C. C. & Company, Inc. , a Virginia corporation, t/a Pete Smith's Surf Shop, Ltd., 300 28th Street and Pacific Avenue, Virginia Beach, Virginia 23451, to the extent required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bond, as required by Section 103(k), does not constitute an endorse- ment of the Bond or the creditworthiness of the Company, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Common- wealth, the City, or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on November 14 1983. mh.a r.ccc.c November 14, 1983 2 -13m- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: Davison Physician Associates Location: 284 Ft. North of Intersection of Independence Boulevard and Buckner Boulevard Description of Project: Professional Medical and Treatment Facility Amount of Bond Issue: $650,000 Principals: Kanak Roy Norman R. Dahm Nllember 14, 1983 -13n- DAVISON PHYSICIAN PROFESSIONAL MEDICAL AND TREATMENT FACILITY FISCAL IMPACT STATEMENT 1. Maximum amount of financing sought $650,000.00 2. Estimated taxable value of the facility's $650,000.00 real property to be constructed in the municipality 3. Estimated real property tax per year using $ 4,800.00 present tax rates 4. Estimated personal property tax per year $ 12,000.00 using present tax rates 5. Estimated merchants' capital tax per year $ 7,500.00 using present tax rates I1. 6. Estimated dollar value per year of goods $240,000.00 and services that wul be purchased locally 7. Estimated number of regular employees on $ 35 year round basis 8. Average annual salary per employee $ 16,500.00 Chairman City of Virginia Beach Development Authority 9.14.4.C November 14, 1983 - 1 3m- A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the 14 day of November, 1983. On motion by and seconded by , the following Resolution was adopted. RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND FOR DAVISON PHYSICIAN ASSOCIATES A VIRGINIA GENERAL PARTNERSHIP WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the "Authority"), has considered the request of Davison Physician Associates, a Virginia general partnership (the "Company") for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed Six Hundred Fifty Thousand Dollars ($650,000.00) (the "Bonds") to assist in the financing of the Company's acquisition, construction and equipping of a professional medical and treatment facllity (the "Facility"), to be located on the east side of Independence Boulevard approximately two hundred eighty- four (284) feet north of the intersection of Independence Boulevard and Buckner Boulevard, Virginia Beach, Virginia, and, after proper notice in a newspaper of general circulation, has held a public hearing thereon on November 8, 1983; 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 has submitted to the Clerk of the Council the Fiscal Impact Statement required by the Industrial Development and Revenue Bond Act, Chapter 33, Title 15.1, Code of Virginia of 1950, as amended; and WHEREAS, a copy of the Authority's resolution approving the plan of financing and the issuance of the bond, subject to the terms to be agreed upon and a record of the public hearing has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, appro- ves the issuance of the Bond by the City of Virginia Beach Development -1- -13n- Authority of Virginia Beach, Virginia, for the benefit of Davison Physician Associates, a Virginia general partnership, to the extent required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bond, as required by Section 103(k), does not constitute an endorsement of the Bond or the creditworthiness of the Company, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and monies pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on November 14 , 1983. iO.4.13.C November 14, 1983 -13o- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: Northampton Associates Location: 5708 Northampton Boulevard Description of Project: 100-Unit Motel Complex Amount of Bond Issue: $3,500,000 Principals: Alton W. Overton William S. Overton James W. Overton, Sr. James W. Overton, Jr. Keith W. Overton November 14, 1983 -13p- FISCAL IMPACT STATEMENT October 7. 1983 (Date) (Name of Applicant) NORTHAMPTON ASSOCIATE3 (Facility) 100-Unit Motel Compiex 1. Maximum amount of financing sought $ 3,500,000-00 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 5,5nn.-nnn-no 3. Estimated real property tax per year using present tax rates $ 28.ooo.oo 4. Estimated personal property tax per year using p,resent tax rates $ IOP()()O-OO S. Estimated merchants' capital tax per year using present tax rates $ IL-500,00 6. Estimated dollar value per year of goods and services that will be purchased locally $ 75,000,00 7. Estimated number of regular employees on year round basis - 40 - 8. Average annual salary per employee $ 275.00 Authority Chairman Name of Authority November 14, 1983 -13q- A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administra- tion Building, on the @t day of November, 1983. On motion by 14th and seconded by the followinq Resolution was adopted. RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPTIENT REVENUE BONDS (Northampton Associates Facility) WHEREAS, the City of Virginia Beach Development Authority (the "Authority"), has considered the application of Northampton Associates (the "Company") for the issuance of the Authority's industrial development revenue bonds in an amount not to ex- ceed $3,500,000 (the "Bonds") to assist in the financing of the company's renovation, refurnishing, and equipping a 100-unit motel complex located at 5708 Northampton Boulevard in the City of Virginia Beach, Virginia, and the construction and equipping of an addition of sixty-five to eighty units (the "Facility") and has held a public hearing thereon November 8, 1983; 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, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a record of the public hearing has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council 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 Northampton Associates to the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit tbe Authority to assist in the financing of the Facility. November 14, 1983 -13r- 2. The approval of the issuance of the Bonds, as required by Section 103(k) does not constitute an endorsement of the Bonds or the creditworthiness of the Company, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on November @ , 1983. 14 November 14, 1983 -2- -13s- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: off-Price Mall Associates I Location: 10-Acre Site between 1st Colonial Road, Village Drive, Donna Drive & Route 44 Description of Project: 93,000 Sq. Ft. Factory Outlet Mall Amount of Bond Issue: $4,300,000 Principals: Worth M. Womble, Jr. Arthur J. Zachary November 14, 1983 -13t- FISCAL IMPACT STATEMENT Off-Price hiall Associates I Facility A Factory Outlet Mall 1. Maximum amount of financing sought $4,300,000.00 2. Estimated taxable value of the facility's $5,700,000.00 real property to be constructed in the municipality 3. Estimated real property tax per year using $ 46,000.00 present tax rates 4. Estimated personal property tax per year $ 6.780.00 using present tax rates 5. Estimated merchants' capital tax per year $ 48,313.00 using present tax rates 6. Estimated dollar value per year of goods $ 220,000.00 and services that will be purchased locally 7. Estimated number of regular employees on 361 year round basis B. Average annual salary per employee $ 91500.00 Chairman City of Virginia Beach Development Authority JO.G.23.C November 14, 1983 -13u- A meetirg of ihe Council of the City of Virginia Beach, Virginia, was hold in the Council Cbambers, in the Administration Building, on the 14dFty of November, 1983. on imtion and seconded by ing Resolution was a(ioptea. RESOLUTION OF Cff Y COUNCIL APPROVTNG THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE OFF-PRICE MALL ASSO(',TATES I, A VIRGINIA PARTNERSIRP WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the "Authority"), has considered the request of Off-Price Mall Associates 1, a Virginia partnership (being formed) (the "Company") for the issuance of the Authority's industrial develot)- ment revenue bonds in an amount up to Four Million Three Hundred Thousftnd Dollars ($4,300,000.00) (the "Bonds") to assist In the financing of the Compmyls acquisition, construction and eqtdppirig of a factory outlet maR for the public (the "Facility"), located on an appro)dmate 10 acre portion of that property adjacent to Route 44, On the mrthside thereof, bounded on the east by First Colordal Road, on the west by Village Drive, and on the riorth by Donna Drive, Virginia Beach, Virginia, and after proper riotice in a newspaper of general circulation, has held a public heering thereon on Novernber 8, 1983; -d WHEREAS, the Authoritv has requested the City Council (the "Council") of Virginia Beach, Virginia (the "Cfty"), to approve the issuance of the Bond to c(xnply with Section 103(k) of the Internal Revenue Code of 1954, as amended, and has submitted to the Clerk of the Council the Fiscal Impact Statement required by the Industrial Developtnent Revenue Bond Act, Chapter 33, Title 15.1, Code of Virginia of 1950, as amended; and WHEREAS, a copy of the Authoiity's resolution approvirig the plan of financirig and the issuance of the bond, subject to the ternis to be agreed upon and a record of the public hearing has been flled with the Clerk of the Counc@- BE ff RESOLVED BY THE CTTY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, appro- ves the issuance of the Bond by the City of Virginia Beach Development Authority of Virginia Beach, Virginia, for the benefit of Off-Price Mall -1- November 14, 1983 -13v- Associates 1, a Virginia partnership, to the extent required by Section 103(k) of the Internal Revenue Code, to permit the Authorlty to assist in the financing of the Facifity. 2. The approval of the issuance of the Bond, as required by Section 103(16, does not coristitute an endorsement of the Bond or the creditworthiness of the Company, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bond shall provide that neither the Cfty nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except frofn the revenues and nionies pledged therefor, and neither the faith or credit nor the taxirig power of the Cornmonwealth, the City, or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Bea(!h, Virginia, on November 14, 1983. IO.A.7.C -2- November 14, 1983 -13w- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND ProjeCt Name: off-Price Mall Associates II Location: 20-Acre Site Between 1st Colonial Road, Village Drive, Donna Drive & Route 44 Description of Project: Factory Outlet Mall Amount of Bond Issue: $5,000,000 Principals: Worth M. Womble, Jr. Arthur J. Zachary November 14, 1983 -13x- FISCAL IMPACT STATEMENT Off-Price Mall Associates II Facility A Factory Outlet Mall 1. Maxiinum amount of financing sought $5,000,000.00 2. Estimated taxable value of the facility's $7,300,000.00 real property to be constructed in the municipality 3. Estimated real property tax per year using $ 58,000.00 present tax rates 4. Estimated personal property tax per year $ 6,780.00 using present tax rates 5. Estimated merchants' capital tax per year $ 48.313.00 using present tax rates 6. Estimated dollar value per year of goods $ 220,000.00 and services that will be purchased locally 7. Estimated number of regular employees on 361 year round basis B. Average annual salary per employee $ 9,500.00 Chairman City of Virginia Beach Development Authority 10.G.22.C November 14, 1983 -13y- A meeting of the Council of the City of Virginia Beach, Virgitia, was held in the Council Chambers, in the Administration Building, on the 14 day of November, 1983. On niotion by and seconded by , the fonowing Resolution was adopted. RESOI,T]TION OF crry COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPWNT REVENUE OFF-PRTCE MALL ASSOCIATES 11, A VIRGINIA PARTNERSFUP WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the "Authority"), has considered the request of Off-Price Mall Associates 11, a Virginia partnership (the "Cornpany") for the issuance of the Authority's indugtrial development revenue bonds in an amount up to Five Million Dollws ($5,000,000.00) (the "Bonds") to assist in the financirig of the Cornpany's acquisition, construction and equippirig of a factory outlet man for the public (the "FacUlty"), located on an appro)dmate 20 acre portion of that property adjacent to Route 44, on the riorthside thereof, bounded on the east by First Colonial Road, on the west by Village Drive, and on the riorth Dorma Drive, Virgiria Beach, Virginia, and after proper notice in a newspaper of general circulation, has held a public hearing thereon on November 8, 1983; and W'HEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City"), to approve the issuance of the Bond to comply witb Section 103(k) of the Internal Revenue Code of 1954, as amended, and has subrdtted to the Clerk of the Council the Fiscal linpact Statement required by the Indugtrial Development Revenue Bond Act, Chapter 33, Title 15.1, Code of Virginia of 1950, as amended; and WHEREAS, a copy of the Authority's resolution approvirig the plwi of financing and the issuance of the bond, subject to the terms to be agreed upon and a record of the public hearing has been filed with the Clerk of the Council; BE Tr RESOLVED BY THE CrrY COUNCIL OF THE CrrY OF VIRGINIA BEACH, VRRGINIA: 1. The Council of the City of Virginia Beach, Virginia, appr@ ves the issuance of the Bond by the City of Virginia Beach Development Authority of Virginia Beach, Virginia, for the benefit of Off-Price Mall -1- November 14, 1983 -13z- Associated U, a Virgirda partnership, to the extent required by Section 103(la of the Internal Revenue Code, to permit the Authority to assigt in the financirg of the Facility. 2. The approval of the issuance of the Bond, as required by Section 103(14, does not constitute an endorsement of the Bond or the creditworthiness of the Company, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bond shau provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and monies pledged therefor, and neither the faith or credit nor the taxirkg power of the Commonwealth, the City, or the Authority shall be pledged tbereto. 3. This Resolution shar take eff ect Immediately U[)On its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on November i4. 1983. IO.A.B.C -2- November 14, 1983 -13aa- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: Toll South Associates E.Ocation: Southwest Corner of Lynnhaven Parkway and Frankell Lane, OWIP Description of Project: 20,000 Sq. Ft. Professional and Commercial Office Building Amount bf Bond Issue: $1,350,000 Principals: Owen B. Pickett Joseph L. Lyle, Jr. Lawrence Siegel John W. Drescher Glenn R. Croshaw Richard C. Beale Edward S. Garcia, Jr. November 14, 1983 - 1 3bb- FISCAL TMPACT STATEMENT Toll South Associates Facility A Professional and Commercial Office Building 1. Maximum amount of financing sought $1,350,000.00 2. Estimated taxable value of the facility's $1,250,000.00 real property to be constructed in the municipality 3. Estimated real property tax per year using $ io,ooo.oo present tax rates 4. Estimated personal property tax per year $ 6,000.00 using present tax rates 5. Estimated merchants' capital tax per year $ 12,500.00 using present tax rates 6. Estimated dollar value per year of goods $ 300,000.00 and services that will be purchased locally 7. Estimated number of regular employees on 100 year round basis 8. Average annual salary per employee $ 17,000.00 Chairman City of Virginia Beach Development Authority 10.G.2l.C November 14, 1983 -13cc- A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the 14 day of November, 1983. On motion by and seconded by , the following Resolution was adopted. RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND FOR TOLL SOUTH ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the "Authority"), has considered the request of Toll South Associates, a Virginia general partnership (the "Company') for the issuance of the Authority's industrial development revenue bonds in an amount up to One Million Three Hundred Fifty Thousand Dollars ($1,350,000.00) (the "Bonds") to assist in the financing of the Company's acquisition, construction and equipping of a professional and commercial office building (the "Facility"), to be located at the south- west corner of Lynnhaven Parkway and Frankell Lane, Virginia Beach, Virginia, and, after proper notice in a newspaper of general cir- culation, has held a public hearing thereon on November 8, 1983; 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 has submitted to the City Council the Fiscal Impact Statement required by the Industrial Development and Revenue Bond Act, Chapter 33, Title 15. 1, Code of Virginia of 1950, as amended; and WHEREAS, a copy of the Authority's resolution approving the plan of financing and the issuance of the bond, subject to the terms to be agreed upon and a record of the public hearing has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, appro- ves the issuance of the Bond by the City of Virginia Beach Development Authority of Virginia Beach, Virginia, for the benefit of Toll South Associates, a Virginia general partnership, to the extent required by -1- November 14, 1983 -13dd- Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bond, as required by Section 103(k), does not constitute an endorsement of the Bond or the creditworthiness of the Company, but, pursuant to Chapter 643, 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 Bonds or the interest thereon or other costs incident thereto except from the revenues and monies pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on November 14, i983. 10. 4. 14. C -2- November 14, 1983 -13ee- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: Northampton Corporate Park Associates Location: 5760 Northampton Boulevard Description of Project: Office Warehouse and Retail Facility Amount of Bond Issue: $900,000 Principals: B. Bruce Taylor Dabney Holt November 14, 1983 -13ff- FISCAL 114PACT STATEFIENT NORTHAIPTON CORPORATE PARK ASSOCIATES Office, Warehouse and Retail Facility 1. Maximum amotint of financing sought s 900,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $1,180,000 3. Estimated real property tax per year using present tax rates $ 8,868 4. Estimated personal property tax per year using present tax rates $ 1,000 5. Estimated merchants' capital tax (business license tax) per year using present tax rates $ 500 6. Estimated dollar value per year of goods and services that will be purchased locally $1,200,000 7. Estimated number of regular employees on year round basis $ 37 8. Average annual salary per employee $ 9,000 INDUSTRIAT, DFVELOPMENT AUTHORITY OF By C a rman November 14, 1983 -13ff- A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the 14 day Of November 1983. On motion by and seconded by the following Resolution was adopted. RESOLUTION APPROVING THE 1983 - $900,000 INDUSTRIAL DEVELOP14ENT REFUNDING REVENUE BOND (NORTHAMPTON CORPORATE PARK ASSOCIATES PROJECT) WHEREAS, the City of Virginia Beach Development Authority (the Authority), has considered the request of Northampton Corporate Park Associates (the Company) to issue the 1983 - $900,000 Industrial Development Refunding Revenue Bond (the Bond) to refund the Authority's 1981 - $850,000 Industrial Development Revenue Note (Northampton Corporate Park Associates Project) (the Original Note) the proceeds of which were used to finance the Company's office, warehouse and retail facility (the Facility) located at 5760 Northampton Boulevard, in the City of Virginia Beach, Virginia, and to complete the Facility, to be owned by the Company, and has held a public hearing thereon on November 8, 1983; and WHEREAS, the Authority has recommended that the City Council (the Council) of the City of Virginia Beach, Virginia (the City), approve the Bdnd to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended, and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended; and WHEREAS, a copy of the Authority's resolution approving the Bond, subject to terms to be agreed upon, a record of the public hearing with respect to the Bond and a Fiscal Impact Statement in the form prescribed by Section 15.1-1378.2 of the Code of Virginia of 1950, as amended, have been filed witli the Clerk of the Council; Noveml>er 14, 1983 -13gg- BE IT RESOLVED BY THE Cl'rY COUNCIL OF THE CITY UF VIRGINIA BEACH, VIRGINIA: 1. The recitals made in the preambles to this Resolution are hereby adopted as a part of this Resolution. 2. 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 Northampton Corporate Park Associites (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 refunding the Original Note and the financing of the completion of the Facility. 3. The approval of the Bond, as required by such Sections 103(k) and 15.1-1378.1, does not constitute an endorsement of the Bond or the creditworthiness of the C.ompany, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bond as amended shall pro- vide that neither the City nor the Authority shall be obli- gated to pay the Bond or the interest thereon or ottier 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 tlie Authority shall be pledged thereto. 4. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on November 14 1983. -2- November 14, 1963 - 1 3hh- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVEE.OPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: E. R. Realty Associates Location: 2707 Atlantic Avenue Description of Project: 38-Unit Motel Amount of Bond Issue: $3,150,000 Principals: Ellen Richardson November 14, 1983 -13ii- FISCAL IMPACT STATEMENT November 8, 1983 E. R. Realty Associates Motel Facility 1. Maximum amount of financing sought $3,150,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $2,500,000 3. Estimated real property tax per year using present tax rates * 16,000 4. Estimated personal property tax per year using present tax rates 4 5,70U 5. Estimated merchants' capital tax (business license tax) per year using present tax rates @ 50,000 6. Estimated dollar value per year of goods and services that will be purchased locally $ 120,000 7. Estimated number of regular employees on year round basis $ 12 8. Average annual salary per employee $ 6,500 CITY OF VIRGINLA BEACH DEVELOPMENT AUTHORLTY By Chairman November 14, 1983 -13ii- A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the 14 day of November 1983. On motion by and seconded bv the following Resolution was adopted. RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR E. R. REALTY ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority (the Authority), has considered the application of E. R. Realty Associates (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $3,150,000 (the Bonds) to assist in the financing of the Company's acquisition and improvement of a 38 unit motel facility (the Facility) located at 2707 Atlantic Avenue in the City of Virginia Beach, Virginia, and to be owned by the Company, and has held a public hearing thereon on November 8, 1983; and WHEREAS, the Authority has recommended that the City Council (the Council) of City of Virginia Beach, Virginia (the City), approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended, and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended; and. WHEREAS, a copy of the Autliority'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 Code of Virginia of 1950, as amended, have been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINLA: 1. The recitals made in the preambles to this Resolution are hereby adopted as a part of this Resolution. - 1 3kk- 2 The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of the Company, to the extent of and as required by Section 103(k) of the Internal Revenue Code of 1954, as amended, 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 endorsement 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. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on November 14 1983. -2- November 14, 1983 -131 1- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: ATPAC Associates Location: Sykes Avenue, Adjacent to and N. W. of 110 Sykes Avenue Description of Project: Warehouse/Storage/Distribution Facility Amount of Bond Issue: $700,000 Principals: Stuart A. Kroll Gary D. DeAngelo November 14, 1983 1 3mm- FISCAL IIIPACT STATEMENT November 8, 1983 ATPAC Associates Warehouse and Office Facility 1. Maximum amount of financing sought $ 700,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 600,000 3. Estimated real property tax per year using present tax rates $ 4,800 4. Estimated personal property tax per year using present tax rates $ 9,000 5. Estimated merchants' capital tax (business license tax) per year using present tax rates $ 7,018 6. Estimated dollar value per year of goods and services that will be purchased locally $1,000,000 7. Estimated number of regular employees on year round basis $ 75 8. Average annual salary per employee $ 14,000 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By C alrnan November 14, 1983 -13nn- A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the 14 day of ?ievember 1983. On motion by and seconded by the following Resolution was a7op-teT. RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DFVELOPMENT REVENUE BONDS FOR ATPAC ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority (the Authority), has considered the application of ATPAC Associates (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $700,000 (the Bonds) to assist in the financing of the Company's acquisition, construction and equipping of a warehousing, storage and distribution facility (the Facility), to be owned by the Company, and to be located on Sykes Avenue adjacent to and to the northwest of the facility of Tidewater Used Auto Parts located at 110 Sykes Avenue in the City of Virginia Beach, Virginia, and has held a public hearing thereon on November 8, 1983; and WHEREAS, the Authority has recommended that the City Council (the Council) of City of Virginia Beach, Virginia (the City), approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended, and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended; and 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 Code of Virginia of 1950, as amended, have been filed with the Clerk of the council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: November 14, 1983 1 3oo- 1. The recitals nade in the preambles to this Resolution are hereby adopted as a part of this Resolution. 2. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of ATPAC Associates (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 endorsement 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. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on i:4 ti@v@,tbe2: '1983. November 14, 1983 2- -13pp- SUMMARY SHEET CITY OF VIRGINRA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: Health Professional Center Associates Location: Holland Road Between 3340 Holland Road Elememtary School and Green Run Medical Facility Description of Project: Medical Office and Health Facility Amount of Bond Issue: $1,000,000 Principals: Stuart Kroll Robert Potter Wayne Wilborn November 14, 1983 -13qq- FISCAL IMPACT STATEIIENT November 8, 1983 Health Professional Center Associates Medical Office and Health Facility 1. 14aximum amount of financing sought $1,000,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 700,000 3. Estimated real property tax per year using present tax rates $ 21,000 4. Estimated personal property tax per year using present tax rates $ 4,800 5. Estimated merchants' capital tax (business license tax) per year using present tax rates $ 6,000 6. Estimated dollar value per year of goods and services that will be purcliased locally $ 60,000 7. Estimated number of regular employees on year round basis $ 40 8. Average annual salary per employee $ 20,000 CITY OF VIRGINIA BEACH DFVELOPtIENT AUTHORITY By Chairman November 14, 1983 -13rr- A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the day of 1983. 14 ?ievember On motion by and seconded by the following Resolution was a o@pte RESOLUTION APPROVING ISSUANCE OF INDUSTRIAL DFVELOPMENT REVENUE BONDS FOR HEALTH PROFESSIONAL CENTER ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority (the Authority), has considered the application of Health Professional Center Associates (the Company) for the issuance of the Authority's industrial development reve- nue bonds in an amount not to exceed $1,000,000 (the Bonds) to assist in the financing of the Company's acquisition, construction and equipping of a medical office and health facility (the Facility), to be owned by the Company, and to be located on Holland Road between Holland Road Elementary School, 3340 Tiolland Road, and Green Run Iledical Center, 3386 Holland Road, in the City of Virginia Beach, Virginia, and has held a public hearing thereon on November 8, 1983; and WHEREAS, the Authority has recommended that the City Council (the Council) of City of Virginia Beach, Virginia (the City), approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended, and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended; and 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 Code of Virginia of 1950, as amended, have been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: November 14 1983 -13ss- 1. The recitals made in the preambles to this Resolution are hereby adopted as a part of this Resolution. 2. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of the Company, to the extent of and as required by Section 103(k) of the Internal Revenue Code of 1954, as amended, and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended, to permit the Atithority 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 endorsement 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. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on November 14 1983. November 14, 1983 -2- -13tt- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: Poffenberger & Gills Location: 144 Business Park Drive Description of Project: 17,245 Sq. Ft. Office Building Amount of Bond Issue: $690,000 Principals: George H. Poffenberger Russel A. Gills, Jr. November 14, 1983 -13uu- FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING Date: To the CitY of Virginia Beach DeveLopment Authority APPLicant: Mr. George H. POff@ er Faci Li ty: Poffenberger & Gills (office BLiilding) 1. Maximum amount of financing sought 2. Estimated taxable value of the facility's real property to be constructed in the municipality 3. Estimated real property tax per year using present tax rates $ fic;pnnn 4. Estimated personal prooerty tax per year using present tax rates s 3.nnn 5. Estimated merchants' capital tax per year using present tax rates S N/A 6. Estimated doLLar vatue per year of goods and service that wiLL be purchased tocaLLy S a,ann,nnn 7. Estimated number of regular employees on year round basis s 79; 8. Average annual salary per employee s 2n-nnn If one or more of the above questions do not apply to the facility indicate by writing N/A (not appLicabLe) on the appropriate tine. 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. Cha@, City of Virginia Beach Develommt Authority November 14, 1983 -13vv- A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers on November @ 14, 1983. On Motion by and seconded by the following Resolution was adopted. RESOLUTION OF THE CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO POFFENBERGER & GILLS WHEREAS, the City of virginia Beach Development Authority (the 'Authority'), has considered the application of Poffenberger & Gills (the "Company") for the issuance of the Authority's industrial development revenue bond in an amount not to exceed $690,000 (the 'Bond') to assist in the financing of the Company's acquisition, construction and equipping of a 17,245 square foot office building (all improvements and land being collectively referred to as the 'Facility") to be located at 144 Business Park Drive, Virginia Beach, Virginia, and has held a public hearing thereon on November 8, 1983; 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, a copy of the Authority's resolution approving the issuance of the Bond, subject to terms to be agreed upon and a record of the public hearing has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, virginia, approves the issuance of the Bond by the City of Virginia Beach Development Authority, in a principal amount not to exceed $690,000 for financing the acquisition, construction and equipping of a a 17,245 square foot office building to be located at 144 Business Park Drive, Virginia Beach, Virginia, for the benefit of Poffenberger & Gills, to the extent required November 14, 1983 -13ww- by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bond, as required by Section 103(k), does not constitute an endorsement of the Bond or the creditworthiness of the Company, but, pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth., the City or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, 14 Virginia, on November ai, 1983. I certify the foregoing to be a true and correct copy of a resolution adopted by the City Council of the City of Virginia Beach, Virginia, at a regular meeting held November 21, 1983. Clerk -2- November 14, 1983 - I 3xx- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: Lynnhaven Crossing Associates Location: Opposite Thalhimers at Lynnhaven Mall on Ring Road Description of Project: 54,500 84-. Ft. Shopping Center Amount of Bond Issue: $3,500,000 Principals: Alan L. Nordlinger November 14, 1983 -13yy- A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the 14 day of November, 1983. On motion by and seconded by the following Resolution was adopted. RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND FOR LYNNHAVEN CROSSING ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the "Authority"), has considered the appli- cation of Lynnhaven Crossing Associates, a Virginia limited part- nership in formation (the "Company"), for the issuance of the Authority's industrial development revenue bond or bonds in an amount not to exceed $3,500,000.00 (the "Bonds") to assist in the financing of the Company's acquisition of a 5.156 acre site and the construc- tion, equipping and owning of a 54,500 square foot shopping center building thereon (the "Facility"), to be located on the south side of the Ring Road, opposite Thalhimers, at Lynnhaven Mall Shopping Center, in Virginia Beach, Virginia, and has held a public hearing thereon on November 8, 1983; 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, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon and a record of the public hearing, has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council approves the issuance of the Bonds by the Authority for the benefit of Lynnhaven Crossing Associates, to the extent required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bonds, as required by Section 103(k), does not constitute an endorsement of the Bonds or November 14, 1983 -13zz- the creditworthiness of the Company, but, as required @y Chapter 643, Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the Cit,y, r)r the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the City Council of the City of Virginia Beach, Virginia, on November 14 , 1983. MUNICIPAL BOND/LYNN-RESO - 2 November 14, 1983 -13zzz- FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: November 8, 1983 TO THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA APPLICANT: Lynnhaven Crossing Associates, a Virginia limited partnership (in formation) FACILITY: Lynnhaven Crossing Shopping Center (55,000 + square feet), opposite Thalhimers on the so-uth side of Lynnhaven Mall Road 1. Maximum amount of financing sought $3,500,000.00 2. Estimated taxable value of the facility's real property to be constructed in the municipality $2,500,000.00 3. Estimated real property tax per year using present tax rates $ 20,000.00 4. Estimated personal property tax per year using present tax rates $ 1,000.00 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 5,000.00 6. Estimated dollar value per year of goods and services that will be purchased cannot be locally presently estimated 7. Estimated number of regular employees on year round basis 80 - 100 8. Average annual salary per employee $ 10,000.00 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. City of Virginia Beach Development Authority By Chairman November 14, 1983 -14- Item II-F. 2 RESOLUTIONS ITEM # 20932 Attorney Ross Reeves represented Columbus Station Associates. Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED a Resolution encouraging the Hampton Redevelopment and Housing Authority issue its Special Revenue Bonds for the benefit of COLUMBUS STATION ASSOCIATES. Voting: 10-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reha S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. BaLun November 14, 1983 -14a- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY APPROVAL OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO BE ISSUED BY HAMPTON REDEVELOPMENT AND HOUSING AUTHORITY Project Name: Columbus Station Associates Location: On Constitution Drive adjacent to the Norfolk Southern Railway right- of-Way Description of Project: 198-unit garden apartment complex Amount of Bond issue: $5,000,000 Principals: George Dragas, Jr. Marcas G. Dragas The purpose of this Resolution is to encourage the Hampton Redevelopment and Housing Authority to issue its Special Revenue Bonds for the benefit of Columbus Station Associates. November 14, 1983 - 14b- WHEREAS, Columbus Station Associates, a limited partner- ship to be formed by George Dragas, Jr. and Marcus G. Dragas under the laws of the Commonwealth of Virginia (the "Developer") desires to construct housing in the City of Virginia Beach; and WHEREAS, the City of Virginia Reach wishes to induce construction of housing in order to provide needed apartment dwellings; and WHEREAS, the Developer desires to finance the develop- ment of said housing with the proceeds of industrial revenue bonds exempt from taxation pursuant to SS103(b)(4)(A) of the Internal Revenue Code; and WIIEREAS, the Hampton Redevelopment and Housing Authority has power to make loans for assistance in housing construction, and is willing 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 Hampton Redevelopment and Housing Authority to exercise its aforesaid powers within the City of Virginia Beach 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 said purposes. 2. These resolutions shall not be deemed an endorse- ment of said 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 thereon or other costs incident thereto, and neither the faith and credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. November 14, 1983 -14c- Item TT-F.3 RESOLUTION ITEM # 20933 Upon motion by Councilwoman Creech, seconded by Councilman Heischober, City Council ADOPTED a Resolution urging immediate Army Corps of Engineers' approval of the Lake Gaston Water Supply Project. Voting: 10-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum November 14, 1983 -14d- A RESOLUTION URGING IMMEDIATE ARMY CORPS OF ENGINEERS APPROVAL OF THE LAKE GASTON WATER SUPPLY PROJECT WHEREAS, on July 15, 1983, the City of Virginia Beach, on behalf of itself, the cities of Chesapeake and Franklin, and Isle of Wight County made application to the virginia marine Resources Commission, Virginia State Water Control Board, and the Norfolk District Corps of Engineers for a 60 million gallons per day (mgd) withdrawal from the Pea Hill Creek tributary of Lake Gaston; and WHEREAS, the current State Water Control Board estimate of the southeast Virginia water supply shortage in the year 2030 is 60 mgd, which amount represents roughly 1.2 percent of the average flow of the Roanoke River; and WHEREAS, after studying thirty-six alternatives over a three-year period, the Norfolk District Engineer in 1978 made a preliminary recommendation of Lake Gaston as the best overall solution to southeast Virginia's water supply shortage; and WHEREAS, since 1978, Virginia Beach has examined many of the same alternatives, plus many unconventional and nontraditional alternatives, with extra consideration being devoted to those sources that might be available within the city limits; and WHEREAS, based upon that thorough and objective review of all the material available, the City of Virginia Beach concurred with the Norfolk District's earlier finding that Lake Gaston was the best overall solution; and WHEREAS, the Wilmington District Corps of Engineers, the City of Virginia Beach, and the State of North Carolina have all modeled the impacts of a 60 mgd out-of-basin withdrawal and have concluded that there are no significant reductions in river flow or lake levels as a result of the proposed project; and further that pipeline route and the mitigation measures proposed by Virginia Beach will result in no long-term negative impacts on the environment; and November 14, 1983 -14e- WHEREAS, the Virginia State Water Control Board and virginia marine Resources Commission approved the necessary permits required of those agencies in September 1983, leaving the Army Corps of Engineers permit as the only major regulatory permit remaining for Virginia Beach to obtain prior to commencing construction; and WHEREAS, this project is necessary to protect the health, safety, economic vitality, and welfare of southeast Virginia, including the defense installations therein; and WHEREAS, delays in the project are projected to increase project costs by about One Million Dollars per month as a result of inflation, as well as increase the frecruency and severity of water shortages which will occur prior to project completion. NOW, THEREFORE, BE IT RESOLVED, UNANIMOUSLY BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Army Corps of Engineers be and it hereby is urged to issue the required permit for the Lake Gaston Water Project without further delay and the project commenced accordingly at the earliest possible date. BE IT FURTHER RESOLVED: That a copy of this Resolution be forwarded to the Army Corps of Engineers, the Congressional Delegation representing Virginia Beach, and the Governor of Virginia. Adopted by the Council of the City of Virginia Beach, Virginia, on November 14 1983. RHm/da RES.3 11/8/83 COtTi@t@;T TIVINT 0 -2- November 14, 1983 -15- Item II-G. CONSENT AGENDA Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council APPROVED, in ONE MOTION, Items 1 through 9 of the CONSENT AGENDA. Voting: 10-0 Council Members Voting Aye; Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum November 14, 1983 -16- Item II-C.1 CONSENT AGENDA ITEM # 20934 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council ADOPTED an Ordinance, on SECOND READING, to accept and appropriate additional funds of $2,000 for the Clean Community System Program. Voting: 10-0 Council Members Voting Aye; Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum November 14, 1983 -16a- AN OWINANCE To AND APPROPRI= ADDrriONAL FUNDS OF $2,000 MR THE CLEAN COM"ITY SYSM P City Comcil approved the sixth year funding of the Clean Ccnmmity Program in the fiscal year 1984 operating budget, and WHEREAS, the State Depar@t of Conservaticn and Eccncmic Devel@ nent, Division of Litter Contrc)l, will provide additicnal sixth year funds in the amount of $2,000. NOW, IM, BE rr BY IM COUNCM OF THE CITY OF VNCUM BEACH, VNCINIA: That the City Manager is hereby authorized to accept the additicnal funds for the City, and funds are hereby appropriated in the amomt of $2,000 for the Clean C@ity Systan Program, and BE rr o that the appropriaticns be f@ed by $2,000 Estineted Revenue frcin the State Depar@t of Conservation and Eomcmic Developnient. Adopted by the Coancil of the City of Virginia Beach cn the day of 14 Novemober 1983. PUBLIC HEARIM: November 7, 1983 FIRST READ @ : November 7, 1983 SECCND MMM: N@vpnh@, 14 1 gR 3 November 14, 1983 - 17- Item IT-G.2 CONSENT AGENDA ITEM # 20935 Upon motion by Councilwoman Oberndorf, seconded by Vice mayor Henley, City Council ADOPTED an Ordinance, on SECOND READING, to accept and appro- priate funds (in the amount of $21,451) from the Southeastern Virginia Area- wide Model Program (SEVAMP). Voting: 10-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council members Absent: John A. Baum November 14, 1983 -17a- AN OFOIMM TO AND APPROPRIATE FUNDS FROM TM VIFGINIA AREAWIDE MDEL PROGRAM (SEVAMP) the Depar@t of Health has de a need to ccn- tinue providing for the health relatecl problems of elderly indivi@s, and , the Department of Mental Health and Mental Retardation (MH/MR) has detennined a need to contirrue providing @rary substitute care for elderly individuals whi-le their fami-ly rs are absent, and , the sEvAmp has awarded the Departmnt of Health $28,402 and the Department of M/MR $21,451 to provide their above respective services, and City Ccuncil has already included the $28,402 for the Depar@t of Health in the EY 83-84 operating Budget. NOW, RE, BE rr 0 BY THE COUNCM OF THE CITY OF VNGINIA BEACH, @INIA: That the City Manager is hereby authorized and directed to accept the award and enter into the necessary ccntractual agremmts for the city: fkmds are hereby appropriated in the ammt of $21,451 for the Department of Mental Health and Mmtal Retardaticn- BE IT o that the appropriations will be financed by $21,451 estimated revenue fram SEVAMP. PUBLIC November 7, 1983 FIRST WMIW.: November 7, 1983 S MMING: November 14, 1983 App,,ZOVED AS7 November 14, 1983 Item II-G.3 CONSENT AGENDA ITEM # 20936 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council ADOPTED an Ordi-nance, on SECOND READING, to appropriate funds of $14,777 and transfer funds of $16,917 to Emergency Medical Services for Comunication Improvements. Voting: 10-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay. None Council members Absent: John A. Baxn November 14, 1983 -18a- AN ORDINANCE TO APPROPRIATE FUNDS OF $14,777 AND TRANSFER FUNDS OF $16,917 TO EMERGENCY MEDICAL SERVICES FOR COMMUN- ICATION IMPROVEMENTS WHEREAS, in its operation the office of Emergency Medical Services has been exoeriencing increasing interference in radio communication, and WHEREAS, as more frequencies are activated the interference is exoected to become worse and may pose a serious problem to their emergency rescue efforts in the future, and WHEREAS, the office of Emergency Medical Services is requesting their radio units be equipped with special equipment i.e. private line conversion and crystal addition, in order to improve their communications capability and maintain it at an acceptable level, and WHEREAS, the total cost for these improvements is $31,694 and the office of Emergency Medical Services has identified three revenues sources - the Emergency Coronary Care Program, the Volunteer Rescue Squads, and the Virginia State Rescue Squad Assistance Fund - with total fund support of :',14,777, and WHEREAS, the remain4.ng funds of $16,917 needed for the imprc)vemerts can be transferred from the General Fund Reserve for Contingencies NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $14,777 be appropriated to the o-rfice ol Emergency Medical Services and $16,917 be transferred from the General Fund Reserve for Contingencies to the office of Emergency Medical Services, providing total funds of $31,694 for the purchase of special equipment to improve radio communicatio@s cadabilities. Be it further ordained that the additional appro- priation of $14,777 be offset by increases of $4,600 in estimat6d revenue from the Commonwealth and $10,177 in local contributions from the Volunteer Rescue Squads and the Emergency Coronary Care Program. Adopted by Council of the City of Virginia Beach on the 14 day of November 19 83 PUBLIC HEARING November 7 , 1983 FIRST READING November 7, 1983 TO coNTENT SECOND READING N@ll-h@, 14, 1 c)Rl -19- Item II-G.4 CONSENT AGENDA ITEM # 20937 Upon motion by Councilwoman Oberndorf, seconded by Vice mayor Henley, City Council ADOPTED an Ordinance, on SECOND READING, to accept and appropriate a Grant for $5,400 from the Virginia Department of Transporta- tion Safety. Voting: 10-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay; None Council Members Absent: John A. Baum November 14, 1983 -19a- AN ORD TO A GRAM FIOR $5,400 FRom THE VIFCINIA DEP OF TRANSPOMTION SAFERY AND TO APPRDPRLDTE THESE FUNDS City Ccuncil is interested in inproving traffic safety and @cing t-ffic accidents within the City of Virginia Beach; and , a g-t of $5,400 frcm the Virginia t of Trans- portaticn Safety is avai-lable for these purposes; and , no local funds are required. RE, BE IT 0 BY THE CITY. m=IL OF THE CITY OF VNGINIA BEACH that funds fram the above grant be accepted and $5,400 be apprcpriated to -ry out the DUI Task force program. BE IT 0 that estimated reverme fran the federal govern- -t be inc-sed by $5,400 tO finance the appropriaticn. This ordinance shall be effective fran the date of adopticn. Adopted by the Council of the City of Virginia Beach cn the 14 day Of Novernher , 1983. PUBt,IC HEARIM: November 7, 1983 FIRST WMI%: November 7, 1983 EMING: November 14, 1983 L F7p 7 T C:TY AT',,!'R,,!EY November 14, 1983 - 20- item 11-G. 5 CONSENT AGENDA ITEM # 20938 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council ADOPTED an Ordinance, on SECOND READING, to appropriate funds of $10,000 to the Pendleton Child Service Center for additional supplies, equipment and alterations. Voting: 10-0 Council members Voting Aye; Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W, H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council members Absent: John A. Baum November 14, 1983 -20a- AN ORDINANCE TO APPROPRIATE FUNDS OF $10,000 TO THE PENDLETON CHILD SERVICE CENTER FOR ADDITIONAL SUPPLIES, EQUIPMENT AND ALTERATIONS WHEREAS, the staff of Pendleton Child Service Center has engaged in a self-evaluation of the treatment proarams offered by the Center and has identified modifications which might further enhance the treatment effectiveness, and WHEREAS, the two major areas outlined by the staff for increased emphasis are family therapy and academic instruction, and WHEREAS, the staff has identified at a total cost of $10,000 various supplies, equipment, and alterations needed to implement the program modifications, and WHEREAS, the additional funds may be appropriated from Pendleton's Fund Balance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $10,000 are hereby appropriated from Pendleton's Fund Balance to the Pendleton Child Service Center to provide for various supplies, equipment, and alterations identified by the Pendleton staff to enhance the treatment effectiveness of the Pendleton Child Service Center. Adopted by the Council of the City of Virginia Beach, virginia, on the 14 day of November 1983. PUBLIC HEARING- November 7, 1983 FIRST READING November 7, 1983 SECOND READING- November 14, 1983 CO-ITE'IT I,,. Iz@ '!,IEY November 14, 1983 - 21- Item II-G.6 CONSENT AGENDA ITEM # 20939 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council ADOPTED an Ordinance to transfer funds of $11,276 from the General Fund Reserve for Contingencies to the City Clerk's Budget for Word Processing Equipment. Voting: 10-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum November 14, 1983 -2la- AN ORDINANCE TO TRANSFER FUNDS OF $11,276 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE CITY CLERK'S BUDGET FOR WORD PROCESSING EQUIPMENT WHEREAS, the City Clerk's Office has determined the need for word processing equipment with records management capabilities; and WHEREAS, after reviewing the bids received, the City Clerk desires to purchase the Syntrox Aquarius II Word Processor at a purchase price of $11,276; and WHEREAS, the necessary funding for this request can be provided from the General Fund Reserve for Continqencies; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds of $11,276 be transferred from the General Fund Reserve for Contingencies to the City Clerk's budget to allow for the purchase of word Drocessing equipment. Approved by the City Council of the City of Virginia Beach on the h day of November 1983. FIRST READING: N 0 T E: By authority of the Finance Departmentand since this is a transfer of funds, a second reading is not required. November 14, 1983 - 22- Item II-G.7 CONSENT AGENDA ITEM # 20940 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council ACCEPTED the Low Bid of Carter-Bell Corporation in the amount of $429,786.60 for Small Line improvements Project, Contract 6 (CIP 5-304); AND, AUTHORIZED the City Manager to enter into the necessary agreements for implementation of the project. Voting: 10-0 Council Members Voting Aye: Nancy A. Creech, Harold Beischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum November 14, 1983 -23- Item II-G.8 CONSENT AGENDA ITEM # 20941 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council APPROVED a Bingo and Raffle Permit for Virginia Beach Soccer Club. Voting: 10-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. BaLun November 14, 1983 - 24- Item II-G.9 CONSENT AGENDA ITEM # 20942 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council ADOPTED an Ordinance authorizing Tax Refunds in the amount of $12,957.47 upon application of certain persons and upon certification of the Treasurer for payment. Voting: 10-0 Council Members Voting Aye: Nancy A. Creech, Harold Hei.schober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Menibers Absent: John A. Baum November 14, 1983 NO. C.A. 7 -24a- 10/28/83 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Da!'! Penalty Int. Total Year oftax Number tion Ne. Paid ames F & Gloria M Beach 83 pp 9585-3 5/8/83 102.00 state of Vernon R Matthews 82 pp 39197-6 5/19/82 20.28 drow Realty 79 pp 116786 10/1/83 65.78 adrow Realty 80 pp 41217 10/1/83 59.54 drow Realty 81 pp 139700 10/1/83 50.05 ames F & Gloria M Beach 83 pp 9584-4 5/8/83 123.78 lla LWebb 81 RE(1/2) 79376-2 11120180 1,738.83 Ila LWebb 81 RE(2/2) 79376-2 5/22/81 1,738.83 lla LWebb 82 RE(1/2) 82667-3 11/25/81 2,020.92 Ila LWebb 82 RE(2/2) 82667-3 5/17/82 2,020.92 Ila LWebb 83 RE(1/2) 85437-4' 11/19/82 2,418.05 Ila LWebb 83 RE(2/2) 85437-4 5/19/83 2,418.05 a Beach Federal S & L 83 RE(2/2) 47238-5 6/5/83 152.00 ack R&Nell Braun 80 RE(1/2) 6895-8 12/5/79 4.44 ack R&Nell Braun 80 RE(2/2) 6895-8 6/3/80 4.44 ack R&Nell Braun 81 RE(1/2) 8334-2 12/3/80 4.02 ack R&Nell Braun 81 RE(2/2) 8334-2 6/3/81 4.02 ack R&Nell Braun 82 RE(1/2) 8556-2 12/5/81 5.76 ack R&Nell Braun 82 RE(2/2) 8556-2 6/5/82 5.76 Total $12,957.47 This ordinance shall be effective from date of adoption. The above abatement(s) totaling were approved by the Council of the City of Virginia Beach on the@- day Of 1983 Approved as to form: Ruth Hodges Smith City Clerk / n, City Attorney November 14 1983 -25- Item II-H.1 PLANNING - RECONSIDERATION ITEM # 20943 RECONSIDERATION: A condition of approval in the application of SUNSTREAM PARK, INC. for a change of zoning from B-2 Connunity-Business District to R-8 Residential District on certain parcels in the Princess Anne and Kempsville Boroughs (see City Council Minutes of December 18, 1978, Item #13150). Request of EDWARD GARCIA for this reconsideration was approved October 24, 1983 and deferred for one week on November 7, 1983. Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council APPROVED that access to the property shall be for a five-year term, by ingress only, with a right-turn. Voting: 10-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum November 14, 1983 -26- Item II-H.2 PLANNING - RECONSIDERATION ITEM # 20944 Attorney Wayne Sovza represented the applicant. RECONSIDERATION: A condition of approval of a Change of Zoning (by request of Thomas C. Broyles, on behalf of COLONIAL-LASKIN ASSOCIATES) for a parcel of land located on the north side of the Virginia Beach-Norfolk Expressway, beginning at the intersection of Village Drive and Englisb Court be RESCINDED. This Change of Zoning was approved on October 10, 1977, from B-2 Community-Business District to A-2 Apartment District (Lynnhaven Borough). A motion was made by Councilman Jennings, seconded by Councilwoman Creech, to RESCIND ACTION TAKEN BY CITY COUNCIL ON OCTOBER 10, 1977. Voting: 8-1 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf Council members Voting Nay: Vice Mayor Barbara M. Henley Council Members Absent: John A. Baum and J. Henry McCoy, Jr., D.D.S. November 14, 1983 - 27- Item II-H.3 PLANNING - RECONSIDERATION ITEM # 20945 RECONSIDERATION: Relax existing restriction on B-4 property to permit whatever parking uses are allowed in B-4 (request of RUBY ANN DUNN and DOROTHY HUDGINS). Property located on 34th Street (Virginia Beach Borough). (City Council approved this Change of Zoning from A-1 Apartinent District to B-4 Resort-Commercial District on February 14, 1983.) A motion was made by Councilman Kitchin, seconded by Councilman Jennings, to RESTRICT parking only to the area for the Mayflower Apartment Building on the northeast corner of 34th Street and Pacific Avenue. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, Reba S. @Clanan, Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Louis R. Jones, J. Henry McCoy, Jr., D.D.S. November 14, 1983 CITY OF VIRGINIA BEACH, a municipal corporatiorl of the Commonwealth of virginia TO (RESOLUTION AUTHORIZING CONSENT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the CoTnmonwealth of Virginia, through its governing body, the City Council, to the amendment of certain Restrictive Covenants and Conditions RUBY ANN DUNN, et al. T- - DOROTHY T. HUDG NS, et al. WHEREAS, an instrument setting forth certain covenants and restrictions, dated January 11, 1983, running with a certain parcel containing 0.321 acre (14,000 square feet), more or less, in Virginia Beach Borough, in the City of Virginia Beach, Virginia, located on the south side of 34th Street, and more particularly described in said instrument, was recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, virginia, on February 22, 1983, in Deed Book 2241, at page 1216, and foll-owing; and WIIEREAS, the present record owner of the property affected, that is, the Grantee herein, has requested, pursuant to law and pursuant to the authority therefor set forth in the original instrument of covenants and restrictions recorded as aforesaid, an amendment thereto; and WHEREAS, proper notice in accord with the restrictions and in accord with law and in accord with the Code of Virginia, Section 15.1-431, has been held before the Grantor; and W14EREAS, the amendment set forth hereinafter as petitioned for by the Grantee is in accord with good zoning practice and in the public interest; NOW, THEREFORE, BE IT RESOLVED that the City of virginia Beach, Virginia, through its governing body, the City Council of the City of Virginia Beach, Virginia, after a duly advertised public hearing in accord with Code of Vikginia, Section 15.1-431, and in accord with the procedure IZOVFR C. WRI('TIT. JR. therefor set forth in the said restrictions as amended hereby, consents to the amendment of those covenants and restrictions recited hereinabove so as to insert the following language in the second full paragraph thereof on page 3 thereof (Deed Book 2241, at page 1218) in line 3 of said paragraph after the first word thereof, which is the word "dwellings", and before the second word thereof, which is "and", the following: "off-site parking facilities for the multiple-family dwelling project located at the northeast corner of 34th Street and Pacific Avenue"; BE IT FURTHER RESOLVED that a certified copy of this resolution shall be recorded at the expense of the Grantee in the Clerk's Office of the Circuit Court of the City of Virginia Beach, virginia, and indexed in the name of both the Grantor and Grantee, provided prior thereto the Grantee shall execute such copy of this resolution in the space provided hereinbelow as record owner; whereupon, upon recordation of a certified copy hereof executed by the Grantee, as the record owner of the subject property, consented to by the City, as evidenced by this resolution, the covenants and restrictions shall thereby be amended as set forth hereinabove with no separate instrument of amendment being required. Adopted by the City Council of the City of Virginia Beach, Virginia, cn the 14th day of November, 1983. Certified to be a true excerpt from the Minutes of the Council of the City of Virginia Beach, virginia, the 14th day of November, 1983. Ruth Hodges Smith, City Cl r@ STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was executed by Ruby Ann Dunn and Dorothy T. Hudgins as the record owner of the subject property, who, after being by me first duly sworn, signed and acknowledged the foregoing instrument as their act and deed. Ruby Ann Dunn Dorothy T. Hudgins 1983. Given under my hand this day of November, Notary Public My commission expires on the day of 198-. VIRGINIA: In the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, this day of November, 1983, at , this instrument was received, and upon the certi icate of acknowledgment thereto executed, admitted to the record. The tax imposed by Paragraph 58-54.1 of the Code of Virginia has been paid in the amount of $ TESTE: J. CURTIS FRUIT, CLERK By Mary E. Cooper, D.C. AP,'@C)V" CITY - 28- Item II-I.1 PLANNING ITEM # 20946 Attorney Morris Fine represented the applicant. Upon motion by Councilman Heischober, seconded by Councilwoman McClanan, City Council DENIED an Ordinance closing, vacating and discontinuing a portion of Cleveland Street located at the southwest intersection with Clearfield Avenue totaling 1.36 acres, in the petition of RUNNYMEDE CORPORATION (Dayside Borough). This matter was deferred for two weeks on October 24, 1983, for further comments from the Viewers. Voting: 5-4 Council Members Voting Aye: Harold Heischober, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Reba S. McClanan, Meyera E. Oberndorf Council Members Voting Nay: Nancy A. Creech, B. Jack Jennings, Robert G. Jones and W. H. Kitchin, III Council Members Absent: John A. Baum and J. Henry McCoy, Jr., D.D.S. November 14, 1983 -28a- ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING, AND DTSCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS CLEVELAND STREET, LOCATED IN THE BAYSIDE BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN-ON THAT CERTAIN PLAT ENTITLED, "PLAT S140WING A PORTION OF CLEVELAND STREET FOR THE RUNNYMEDE CORPORATION, BAYSTDE BOROUGH VIRGINIA BEACH, VIRGINIA". WHEREAS, it appearing by affidavit that proper notice has been given by The iunnymede Corporation, that it would make application to the Council of the City of Virginia Beach, Virginia, on -1 to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated: Cleveland Street beginning at a point 46.14 feet from the northern corner of its intersection with Clearfield Avenue, thence along a curve to the left having a radius of 765.00 feet, an arc distance of 590.81 feet to a point, thence along a curve to the right having a radius of 619.12 feet, an arc distance of 411.85 feet to a point, thence North 55039'53" West a distance of 35.75 feet to a point, thence South 08031'35" West a distance of 66.65 feet to a point, thence South 55039'53" Eagt a distance of 6.73 feet to a point, thence along a curve to the left having a radius of 679.12 feet, an arc distance of 415.18 feet to a point, thence along a curve to the right having a radius of 685.00 feet, an arc distance of 543.23 feet to a point, thence North 44044'42" East a distance of 60.00 feet to the point of beginning. (The portion to be closed is 1.36 Acre and is generally described as all of Cleveland StreeL from its intersection with Clearfield Avenue to its end.) Said parcel of land being a portion of Cleveland Street as indicated on that certain plat showing a portion of Cleveland Street to be closed for The Runnymede Corporation. November 14, 1983 -28b- SECTION II A certified copy of this Ordinance shall be filed in th, Office of the Circuit Court of the City of Virginia Beach, indexed in the name of the City of Virginia Beach, as grantor. SECTION Ill 0 0 November 14, 1983 - 29- Item II-I.2 PLANNING ITEM # 20947 Upon motion by Vice Mayor Henley, seconded by Councilwoman Oberndorf, City Council DEFERRED for sixty (60) days (to January 16, 1984) an Ordinance closing, vacating and discontinuing a portion of Lynn Shores Drive in the petition of IRMA C. RARTY and THOMAS M. and RITA K. VOJTEK. This mattei was approved April 4, 1983 and deferred for 30 days on October 10, 1983. Voting: 9-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum and J. Henry McCoy, Jr., D.D.S. November 14, 1983 - 30- Item II-I.3 PLANNING ITEM # 20948 Attorney Grover Wright represented the applicant. Upon motion by Councilwoman McClanan, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of COLONIAL SELF STORAGE for a Conditional Use Permit per the following: ORDINANCE UPON APPLICATION OF COLONIAL SELF STORAGE FOR A CONDITIONAL USE PERMIT R01183584 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINTA BEACH, VIRGINIA: Ordinance upon application of Colonial Self Storage for a Conditional Use Permit for mini-warehouses on certain property located on the west side of Holland Road beginning at a point 200 feet more or less north of Shipps Corner Road, running a distance of 315 feet along the west side of Holland Road, running a distance of 200 feet in a southwesterly direction, running a distance of 150 feet in a south- easterly direction, running a distance of 85 feet in a southwesterly direction, running a distance of 160 feet in a southeasterly direction, running a distance of 250 feet in a southwesterly direction, running a distance of 685 feet in a northwesterly direcLion and running a distance of 1100 feet in a northeasterly direction. Said parcel contains 8.5 acres. PRINCESS ANNE BOROUGH. The following requirements are to be met: 1. Dedication of right-of-way along the frontage on Holland Road, together with the dedication of temporary construction easement as per Sheet 7 of the Holland Road Phase IV, construction plans on file with the Department of Public Works/ Engineering Division. 2. Dedication of a 150-foot drainage easement mea- sured from the centerline of the existing 20-foot drainage easement. This Ordinance shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of November, Nineteen Hundred, ig@ht@ll@e. Voting: 9-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, TTI*, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum and Robert G. Jones November 14, 1983 *Verbal aye. - 31- Item II-I.4 PLANNING ITEM # 20949 Attorney Robert Cromwell represented the applicant. Upon motion by Councilwoman McClanan, seconded by Councilwoman Oberndorf, City Council allowed WITHDRAWAL of an Ordinance upon application of REDWING ASSOCIATES for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF REDWING ASSOCIATES FOR A CHANGE OF ZONING FROM B-2 TO A-1 Ordinance upon application of Redwing Associates for a Change of Zoning District Classification from B-2 Community-Business District to A-1 Apartment Dis- trict on parcels north and south of Eaglewood Drive. Parcel 1: Located on the north side of Eaglewood Drive beginning at a point 139.99 feet west of Oceana Boulevard, running a distance of 599 feet more or less along the north side of Eaglewood Drive, running a distance of 169.74 feet along the western property line, running a distance of 70 feet more or less in a northeasterly direction, running a distance of 590 feet more or less along the northern property line and running a distance of 120 feet along the eastern property line. Parcel 2: Located on the south side of Eaglewood Drive beginning at a point 190 feet more or less west of Oceana Boulevard, running a distance of 945 feet more or less along the south side of Eaglewood Drive, running a distance of 50 feet in a south- easterly direction, running a distance of 50 feet in a southwesterly direction, running a distance of 50 feet in a northwesterly direction, running a distance of 110 feet mare or less in a southwesterly direction, running a distance of 13.20 feet in a southeasterly direction, running a distance of 115 feet in an easterly direction, running a distance of 230 feet more or less in a southeasterly direction, running a distance of 631 feet along the southern property line and running a distance of 300 feet along the eastern property line. Said parcels contain 9.83 acres. PRINCESS ANNE BOROUGH. Voting: 9-0 Council Members Voting Aye; Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum and Robert G. Jones November 14, 1983 - 32- Item II-1.5 PLANNING ITEM # 20950 NOTE: This item was moved forward on the Agenda prior to Item II-I.3 (application of Colonial Self Storage for a Conditional Use Permit). Attorney Grover Wright represented the applicant. Upon motion by Councilwoman McClanan, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of SHR TNVESTMENT COMPANY for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF SHR INVESTMEN'R COMPANY FOR A C@GE OF ZONING FROM R-8 TO B-'@ Z01183763 BE IT ORDAINED BY HE COUNCIL OF THE CITY OF VTRGTNTA BEACH, VTRGINIA: Ordinance upon application of SHR Investment Company for a Change of Zoning District Classification from R-8 Residential District B-2 ity-Business District on certain property located 290 feet west of Holland Road beginning at a point 180 feet more or less north of Shipps Corner Road, running a distance of 810 feet in a southwesterly direction, running a distance of 685 feet in a southeasterly direction, running a distance of 250 feet in a north- easterly direction and running a distance of 575 feet in a northwesterly direction. Said parcel contains 6.4 acres. PRINCESS ANNE BOROUGH. Prior to the changing of the official zoning maps, the following condition will be met: 1. Dedication of a 150-foot drainage easement measured from the centerline of the existing 20-foot drainage easement. This Ordinance shall be effective from the date of adoption. Adoptezi by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of November, NiTieteen Hundred, Eighty-Three. Voting: 9-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, IIT, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum and Robert C. Jones November 14, 1983 - 33- Item 11-1.6 PLANNING ITEM # 20951 Attorney Grover Wright represented the applicant. Also representing the applicant was Kenneth Patrick of Sirine and Associates. Opposition: Edna Grimstead, old Dam Neck Road Civic League (presented a petition which is hereby made a part of the record). Patrick Hughes, Redmill Farms Connunity (presented petition which is hereby made a part of the record). Betty Wells, Redmill Farms resident (presentation on the unresolved matter of flood plains). Jean Ozouf, Redmill Farms resident (presentation on school system impact). Sandra Tainter, Redmill Farms resident (presentation on increased traffic flow). A letter addressed to the City Manager from the Department of the Navy (signed by Thomas C. Horsch, P.E., Director, Installations, Planning Division) expressed concern about the potential impact of additional traffic on Dam Neck Road. (Said letter is hereby made a part of the record.) A motion was made by Councilwoman McClanan, seconded by Councilwoman Oberndorf, to DENY Ordinances upon application of R. G. MOORE BUILDING CORPORATION for Changes of Zoning from R-5 to R-8, R-6 to R-8, AG-1 to A-1, AG-1 Lo R-8, AG-2 to R-8, AG-2 to A-1, R-8 to PD-H 2, and A-1 to PD-H 2 per the following. The motion to deny was defeated by a vote of 4 to 6. Voting: 4-6 (MOTION TO DENY LOST) Council Members Voting Aye: Vice Mayor Barbara M. Henley, W. H. Kitchin, TII, Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. Council Members Absent: John A. Bawn November 14, 1983 - 34- Item II-1.6 PLANNING ITEM # 20951 (continued) Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council ADOPTED Ordinances upon application of R. G. MOORE BUILDING CORPORATION for Changes of Zoning as follows, conditioned upon: The Land TJse Plan should be amended to include the following: 1. Reduction of the number of dwelling units to 2,661 (4 dwelling units per acre). 2. An acceptable realignment of Old Dam Neck Road in the reverse curve. 3. General adherence to the Master Street and Highway Plan for this area. Prior to the changing of the official zoning maps, the following will be required: 1. Dedication of two proposed 66-foot wide connectors as per the Master Street and Highway Plan. 2. A 10-foot dedication along the frontage on Dwyer Road, 25 feet from the centerline of the old 30-foot right-fo-way to provide for an ultimate 50-foot standard right-of-way. Sufficient right-of-way exists along the frontage on Dam Neck Road. 3. A 15-foot dedication along the frontage on Old Dam Neck Road, 30 feet from the centerline of the old 30-foot right-of-way to provide for an ultimate 60-foot right-of-way (as per Engineering's request September, 1981). 4. The dedication of a variable width drainage easement for Canal #1 (as per Engineering's request September, 1981). November 14, 1983 - 35- Item II-1.6.a PLANNING ITEM # 20951 (continued) ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORPORATION FOR A CHANGE OF ZONING FROM R-5 TO R-8 Z01183764 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of R. G. Moore Building Corporation for a Change of Zoning District Classification from R-5 Resi@ ial District to R-8 Residenti District on certain property located on certain property located on the south side of Old Dam Neck Road beginning at a point 2000 feet more or less east of Dwyer Road, running a distance of 1354.37 feet along the south side of Old Dam Neck Road, running a distance of 369.28 feet in a south- westerly direction, running a distance of 713.20 feet in an easterly direction, running a distance of 238.10 feet in a northeasterly direction, running a distance of 314.66 feet in a northerly direction, running a distance of 1596.56 feet along the south side of Old Dam Neck Road, running a distance of 1115.69 feet in a southerly direction, running a distance of 3057.81 feet in a westerly direction, running a distance of 1047.21 feet in a southwesterly d[rection, running a distance of 1424.56 feet in a southerly direction, running a distance of 525.06 feet in a southeasterly direction, running a dis- tance of 202.60 feet in a southerly direction, running a distance of 109.56 feet in a westerly direction, running a distance of 161.89 feet in a northerly direction, running a distance of 509.52 feet in a westerly direction, running a distance of 513.48 feet in a southeasterly direction, running a distance of 195.08 feet in a southerly direction, running a distance of 346.48 feet in a westerly direction, running a distance of 87.70 feet in a northeasterly direction, running a distance of 541.40 feet in a northwesterly direction, running a a distance Df 453.89 feet in a southwesterly direction, running a distance of 1652.41 feet in a westerly direction, running a distance of 649.59 feet in a northerly direction, running a distance of 1140 feet in an easterly direction, running a distance of 618.22 feet in a northeasterly direction, running a distance of 2377.47 feet in a northwesterly direction, running a distance of 1043.03 feet in a northeasterly direction, running a distance of 650 feet in a southeasterly direction, running a distance of 740 feet in a southerly direction, and running a distance of 3933.63 feet in a northeasterly direction. Said parcel contains 271.7 acres. PRINCESS ANNE BOROUGH. This Ordinance shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of November, Nineteen Hundred, Eighty-Three. November 14, 1983 -36- Item 11-1.6.b PLANNING ITEM # 20951 (continued) ORDTNANCE UPON APPLICATION OF R. G. MOORE BUILDING CORPORATION FOR A CHANCE OF ZONING FROM R-6 TO R-8 Z01183765 BE IT ORDATNED BY TBE COUNCIL OF THE CITY OF VTRGTNTA BEACH, VIRGINIA: Ordinance upon application of R. C. Moore Building Corporation for a Change of Zoning District Classification from R-6 Residential District to R-8 Residential-Fistrict on parcels located on the north side of Old Dam Neck Road. Parcel 1: Beginning at a point 3600 feet more or less east of Dwyer Road, running a distance of 1950.36 feet along the north side of Old Dam Neck Road, running a distance of 1950.36 feet along the north side of Old Dam Neck Road, running a distance of 798.68 feet along the eastern property line, running a distance of 1686.79 feet in a northwesterly direction, running a distance of 503.76 feet in a southwesterly direction, running a distance of 136.60 feet in a southerly direction, running a distance of 322.18 feet in a westerly direction, running a distance of 203.21 feet in a southerly direction, running a dis- tance of 28.12 feet in a westerly direction, running a distance of 477.52 feet in a sout:herly direction, running a distance of 150 feet in an easterly direction, running a distance of 22.50 feet in a southerly direction, running a distance of 203.96 feet in an easterly direction and running a distance of 238.44 feet in a southerly direction. Parcel,2: Beginning at a point 4100 feet more or less east of Dwyer Road, running a distance of 20 feet along the north side of Old Dam Neck Road, running a distance of 183.31 feet in a northerly direction, running a distance of 183.30 feet in an easterly direction, running a distance of 168.31 feet in a southerly direction, running a distance of 983.19 feet along the north side of Old Dam Neck Road, running a distance of 1480.29 feet along the eastern property line, running a distance of 1398.79 feet along the northern property line, running a distance of 2431.52 feet along the western property line, running a distance of 90 feet in an easterly direction and running a distance of 219.98 feet in a southerly direction. Said parcels contain 113.8 acres. PRINCESS ANNE BOROUGH. This Ordinance shall be effective from the date of adoption. Adapted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of November, Nineteen Hundred, Eighty-Three. November 14, 1983 -37- Ttem TI-I.6.c PLANNING ITEM # 20951 (continued) ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORPORATION FOR A CHANGE OF ZONING FROM AG-1 TO R-8 (MODIFIED FROM A-1) Z01183766 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of R. G. Moore Building Corporation for a Change of Zoning District Classification from AG-1 Agricultul District to R-8 Residential District (modified from A-1 Apart- ment District) on certain property located 600 feet south of Dam Neck Road beginning at a point 640 feet more or less east of the intersection of Dam Neck Road and Dwyer Road, running a distance of 2781.60 feet along the eastern property line, running a distance of 2119.86 feet along the southern property line, running a distance of 2381.28 feet along the western property line and running a distance of 910 feet along the northern property line. Said parcel contains 77.5 acres mare or less. Item II-1.6.d ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORPORATION FOR A CHANGE OF ZONING FROM AG-1 TO R-8 Z01183767 BE TT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINTA: Ordinance upon application of R. G. Moore Building Corporation for a Change of Zoning District Classification from AG-1 Agricultural District to R-8 Residential District on certain property located 622 feet south of Old Dam Neck Road beginning at a point 2000 feet more or less east of Dwyer Road, running a distance of 2800 feet more or less along the eastern property line, running a distance of 635 feet in a southwesterly direction, running a distance of 740 feet in a northerly direction, running a distance of 650 feet in a northwesterly direction, running a dis- tance of 400 feet in a northeasterly direction, running a distance of 639 feet in a northwesterly direction, running a distance of 275 feet in a northerly direction, running a distance of 760 feet in a north- easterly direction, running a distance of 384.50 feet in an easterly direction, running a distance of 180.30 feet in a northeasterly direction, running a distance of 83.45 feet in an easterly direction, running a distance of 140.44 feet in a northeasterly direction, running a distance of 804.49 feet in a westerly direction, running a distance of 315 feet in a north- westerly direction, running a distance of 1382.02 feet in a northeasterly direction, running a distance of 1406 feet more or less in a southeasterly direction, running a distance of 375 feet in a southwesterly direction, running a distance of 470.40 feet in a southeasterly direction, running a distance of 375 feet in a northeasterly direction, running a distance of 210.40 feet in a northwesterly direction and running a distance of 1197 feet in a southeasterly direction. Said parcel contains 135.2 acres. PRINCESS ANNE BOROUGH. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of November, Nineteen Hundred, Eighty-Three. November 14, 1983 - 38- Item II-1.6.e PLANNING ITEM # 20951 (continued) ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORPORATION FOR A CHANGE OF ZONING FROM AG-2 TO R-8 Z01183768 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of R. G. Moore Building Corporation for a Change of Zoning District Classification from AG-2 Agricultural District to R-8 Residential Dis- trict on parcels located south of Old Dam Neck Road and north of Culver Lane. Parcel 1: Located on the south side of Old Dam Neck Road beginning at a point 100 feet more or less west of Dwyer Road, running a distance of 544.47 feet along the south side of Old Dam Neck Road, running a dis- tance of 607 feet along the western property line, running a distance of 616 feet along the southern property line and running a distance of 968.94 feet along the eastern property line. Parcel 2: Located on the south side of Old Dam Neck Road beginning at a point 60 feet more or less east of Dwyer Road, running a distance of 707.76 feet along the south side of Old Dam Neck Road, running a distance of 601 feet along the eastern property line, running a distance of 652 feet along the southern property line and running a distance of 594 feet along the western property line. Parcel 3: Located on the sc,uth side of Old Dam Neck Road beginning at a point 787.76 feet east of Old Dam Neck Road, running a distance of 541.26 feet along the south side of Old Dam Neck Road, running a dis- tance of 436.97 feet in a southwesterly direction, running a distance c,f 354.70 feet in a southeasterly direction, running a distance of 144.51 feet in a northeasterly direction, running a distance of 162.13 feet in a southeasterly direction, running a distance of 306.96 feet in a northeasterly direction, running a distance of 96.98 feet in a southeasterly direction, running a distance of 622 feet in a southwesterly direction, running a distance of 1197 feet in a northwesterly direction and running a distance of 601 feet in a northeasterly directi-on. Parcel 4: Located 1989.02 feet south of Old Dam Neck beginning at a point 2400 feet more or less east of Oceana Boulevard, running a distance of 250 feet in a southerly direction, running a distance of 180 feet in a southeasterly direction and running a distance of 315 feet in a northwesterly direction. Parcel 5: Located on the north side of Culver Lane beginning at a point 1800 feet more or less east of Oceana Boulevard, running a distance of 650 feet along the north side of Culver Lane, running a distance of 275 feet in a northerly direction, running a distance of 760 feet in a northeasterly direction, running a distance of 1481.94 feet in a northwesterly direction, running a distance of 512.72 feet in a southwesterly direction, running a distance of 325.88 feet in a southeasterly direction and running a dis- tance of 241.07 feet in a southwesterly direction. Said parcels contain 45.5 acres. PRINCESS ANNE BOROUGH. November 14, 1983 - 39- Item II-1.6.f PLANNING ITEM # 20951 (continued) ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORPORATION FOR A CHANGE OF ZONING FROM AG-2 TO R-8 (MODIFIED FROM A-1) Z01183769 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BE.CH, VIRGINIA: Ordinance upon application of R. G. Moore Building Corporation for a Change of Zoning District Classification from AG-2 Agricultural District to R-8 Residential District (modified from A-1 Apartment District) on certain property located on the south side of Dam Neck Road beginning at a point 255 feet more or less east of the intersection of Dam Neck Road and Dwyer Road, running a distance of 52.40 feet along the south side of Dam Neck Road, running a distance of 509.49 feet in a southerly direction, running a distance of 273.91 feet in an easterly direction, running a distance of 515.52 feet in a northerly direction, running a distance of 167.27 feet along the south side of Dam Neck Road, running a distance of 600 feet in a southerly direction, running a distance of 470 feet in a westerly direction, running a distance of 440 feet in a southwesterly direction, running a distance of 108 feet in a northerly direction, running a distance of 512.49 feet in a norLhwesterly direction, running a distance of 206.49 feet along the south side of Dwyer Road, running a distance of 176.76 feet in a southeasterly direction, running a distance of 269.65 feet in a northeasterly direction, running a distance of 200.03 feet in an easterly direction and running a distance of 176.76 feet in a northerly direction. Said parcel contains 9.3 acres more or less. PRINCESS ANNE BOROUGH. Item II-1.6.g PLANNING ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORPORATION FOR A CHANGE OF ZONING FROM R-8 TO PD-H 2 Z01183770 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of R. G. Moore Building Corporation for a Change of Zoning District Classification from R-8 Residential District to PD-H2 Planned Unit Development District on parcels located on the north and south sides of Old Dam Neck Road and shown as Parcels A, A-1, A-2, A-3, A-4, B, C, D, E and H on the plat entitled "Rezoning Plat of Malbon Property for R. G. Moore Building Corporation" on file in the Department of Planning. Said parcels contain 578.4 acres. PRINCESS ANNE BOROUGH. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of November, Nineteen Hundred, Eighty-Three. November 14, 1983 -40- Item TI-1.6.h PLANNING ITEM # 20951 (continued) ORDINANCE UPON APPLICATION OF R. G. MOORE BU,LDTNG CORPORATION FOR A CHANGE OF ZONING FROM R-8 (MODIFIED FROM A-1) TO PD-H 2 Z01183771 BE IT ORDAINED BY THE COUNCTL OF THE CTTY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of R. C. Moore Building Corporation for a Change of Zoning District Classification from R-8 Residential District (modified from A-1 Apartment District) to PD-H 2 Planned Unit Development District an certain property located on the south side of Dam Neck Road beginning at a point 255 feet more or less east of the inter- section of Dam Neck Road and Dwyer Road, running a distance of 52.40 feet along the south side of Dam Neck Road, running a distance of 509.49 feet in a souLherly direction, running a distance of 273.91 feet in an easterly direction, running a distance of 515.52 feet in a northerly direction, running a dis- tance of 167.27 feet along the south side of Dam Neck Road, running a distance of 3381.60 feet along the eastern property line, running a distance of 2119.86 feet along the southern property line, running a dis- tance of 3001.77 feet along the western property line, running a distance of 206.49 feet along the south side of Dwyer Road, running a distance of 176.76 feet in a southeasterly direction, running a distance of 269.65 feet in a northeasterly direction, running a distance of 200.03 feet in an easterly direction and running a distance of 176.76 feet in a northerly direction. Said parcel contains 86.80 acres. PRINCESS ANNE BOROUGH. This Ordinance shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of November, Nineteen Hundred, Eighty-Three. November 14, 1983 -41- Item II-1.6.a-h PLANNING ITEM # 20951 (continued) Voting: 6-4 (MOTION TO ADOPT) Council Members Voting Aye: Nancy A. Creech, Earold Heischober, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Vice Mayor Barbara M. Henley, W. H. Kitchin, IIT, Reba S. McClanan and Meyera E. Oberndorf Council Members Absent: John A. Baum November 14, 1983 -42- Item IT-I.7 PLANNING ITEM # 20952 Robert Yoder, resident of Shadowlawn Heights, introduced Diana Close, President of the Shadowlawn Heights Civic League, who was in favor of the Arnendment to Article 5, Section 563 (f), of the Comprehensive Zoning Ordinance. Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance to amend and reordain Section 563 of the Comprehensive Zoning Ordinance of the City of Virginia Beach by adding thereto Subsection (f) pertaining to Nonconforming Lots in the R-7 Zoning District. Voting. 10-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, 111, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum November 14, 1983 -42a- All ORDITIANCE TO Al@,EtID AND REORDAIN SECTION 563 OF THE COTIPREHENSIVE ZONING ORDINANCE OF THE CITY OF VIRGINIA BEACH BY ADDING THERETO SUBSECTION (f) PLRTA]Nlt4G TO NONCOTIFORMING LOTS IN THE R-7 ZOtilNG DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 563 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained by adding thereto subsection (f) which reads as follows: (f) Nonconforming lots (1) Where a lot has less than the minimum requirements for the R-7 Residential District and said lot has continuously been a lot of record, in single and separate ownership from adjacent property, prior to and since the passage of this Ordinance, said lot may be developed for any purpose permitted within the R-7 Residential District. (2) However, if the owner of a lot which does not meet the minimum requirements of the R-7 Residential District, is the owner of or becomes the owner of another substandard lot adjacent to it and located in the same R-7 Residential District, he is not entitled to the exception in (1) above. In this instance, the owner of the two or more adjacent substandard lots must combine the two or more lots to form one which will meet or more closely approximate the frontage and area requirements of the ordinance applicable within the R-7 Residential District. (3) The owner of contiguous substandard lots is prohibited from convey- ing one or more of the substandard lots with the result that both the grantors and the grantee possesses lots entitled to an exception from the minimum lot requirements. (4) Status as a single and separate owner may not be acquired after enact- ment of this ordinance by selling a parcel and reducing the remainder below the minimum lot requirements nor may an owner of several con- tiguous nonconforming parcels combine them so as to leave a substandard lot, and assert the right to exception in (1) above. 29. November 14, 1983 -42b- For the purposes of this Section, lots are n t re arded as adjacent where they form an .1 0 9 L", part of one being contiguous to the Other. This Ordinance shall be in effect on and after the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virgini,, on the 14th day of -Novernber 19 83 30. November 14, 1963 -43- Item II-J.1 ORDINANCE ITEM # 20953 Frederick Schmidt, Virginia Beach Arts Center, spoke in favor of the Arnendment as stated below. James Roebuck, member and former Chairman of the Virginia Beach Arts and Humanities Commission, expressed the Commission's opposition to the Amendment. A motion was made by Councilwoman Creech, seconded by Councilman Jennings, to adopt an Amendment to an Ordi.nance ratifying and confirming the creation of the Virginia Beach Arts and Hunanities Commission, and providing for its composition, terms of members, conducting of business, etc. Said motion was LOST by a vote of 4 to 6. Voting: 4-6 (MOTION LOST) Council Members Voting Aye: Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr., J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf Council Members Absent: John A. Baum November 14, 1983 -43a- AN AMENDMENT TO AN ORDINANCE RATIFYING AND CONFIRMING THE CREATION OF THE VIRGINIA BEACH ARTS AND HUMANITIES COMMISSION AND PROVIDING FOR ITS COMPOSITION, TERMS OF MEMBERS, CONDUCTING OF BUSINESS, ETC. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. Creation Thereby is hereby created a Commission to be known as the Virginia Beach Arts and Humanities Commission. Section 2. Composition The Virginia Beach Arts and Humanities Commission shall consist of eleven commissioners appointed by City Council. To be eligible for appointment, each commissioner shall maintain a primary residence in the City of Virginia Beach. amel-shall-not The City Manager or his designate shall be a nonvoting ex officio member of the Commission and shall hold the position of Executive Director of the Commission. Section 3. Terms of Members The term of each Commissioner shall begin at the close of the annual meeting on July 1 of the year in which he is appointed. The terms of Commissioners shall be for two years. Prior to June 1, the City Council will appoint six commissioners in the even-numbered years and five commissioners in the odd-numbered years. They shall hold office during their respective terms at the pleasure of the city council or until their successors are appointed. Section 4. Vacancies All vacancies of the Virginia Beach Arts and Humanities Commission occurring by reason of resignation, removal, or otherwise shall be filled by appointment by the City Council for the remainder of the unexpired term. Section 5. Election of officers: Terms The members of the Virginia Beach Arts and Humanities Commission shall, immediately after their appointment, meet and organize. They shall elect from among the Commissioners a Chairman, Vice-Chairman, and Treasurer. The Secretary may be elected from among the Commissioners or from the voting delegates. All officers shall serve for terms of one year or until their successor is elected. Section 6. Meet@S Unless otherwise ordered by the Commission or the Executive Committee, regular meetings shall be held in May and July and not less than six times annually. A regular meeting in July shall be known as the Annual Meeting and shall be for the purpose of electing officers, electing delegate members of the Executive Committee, receiving written reports of officers and committees, and for any other business that may arise. November 14, 1983 -43b- Section 7. Quorum Thirty percent (30%) of the voting membership of the Virginia Beach Arts and Humanities Commission shall constitute a quorum for the transaction of business. Section 8. Powers The powers of the Virginia Beach Arts and Humanities commission shall be exercised by the Executive committee after approval by the Commission. Section 9. Conduct of Business The Virginia Beach Arts and Humanities Commission shall adopt suitable by-laws, rules, and regulations for the conduct of its business not inconsistent with this ordinance and Robert's Rules of Order. Section 10. Purpose The purpose of the Virginia Beach Arts and Humanities Commission is to serve in an advisory capacity to the Virginia Beach City Council; to encourage the development of programs in the Arts and Humanities in the City of Virginia Beach; to bring into closer cooperation all the member organizations of this organization for the benefit of all the citizens of Virginia Beach; to provide information and assistance to members when feasible; to serve as the coordinating group through which shall be channeled all city funds appropriated to organizations promoting the arts and humanities; and to coordinate efforts to secure federal and state funding for programs in the arts and humanities. The scope of this Commission is limited to such groups which qualify as a registered nonprofit tax-exempt group which has as a stated purpose the furtheranc6 of the arts and humanities through the provision of programming and/or services designed to benefit the citizens of Virginia Beach. Section 11. Reports The Virginia Beach Arts and Humanities Commission shall make such reports to the City Council on the following dates of each year and provide their recommendations to City Council from time to time as may be required. 1. Budget recommendations for each ensuing fiscal year by December 31 of each calendar year. 2. Such financial reports as directed by the Director of Finance. Section 12. Conflict Any ordinance or resolution in conflict herewith is hereby expressly repealed. Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of 1983. RJN/da Alt/3 misc. 11/7/83 -2- November 14, 1983 -44- Item II-K. 1 APPOINTMENTS ITEM # 20954 Upon nomination by Councilman Jennings, HAROLD HEISCHOBER was APPOINTED as Council Representative, with DAVID M. GROCHMAL as Alternate Representative, to SOUTHEASTERN TIDEWATER AREA MANPOWER AUTHORITY. Voting: 10-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council members Voting Nay: None Council Members Absent: John A. Baum November 14, 1983 -45- Item II-L.1 UNFINISHED BUSINESS ITEM # 20955 Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council DEFERRED to November 21, 1983, an Ordinance to amend the Master Street and Highway Plan dated December 16, 1974, pertaining to relocating Baxter Road. (This matter was deferred for one week on November 7, 1983.) Voting: 10-0 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Benley, H. Jack Jennings, Jr.1 Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council members Absent: John A. Baum Verbal aye. November 14, 1983 - 4s @- 4 I 0 1 4 16 I I I I t 4 1 0 0 I I 2 . I I 4 1 I t I -46- Item II-L.2 UNFINISHED BUSINESS ADD-ON ITEM # 20956 Upon motion by Councilman McCoy, seconded by Councilman Heischober, City Council APPROVED the proposal for lease/purchase of fire trucks from EMERGENCY ONE, INC. at an annual interest rate of 8.25% with payments of approximately $85,267.81. (See page 35, Item # 20892, of the Minutes of November 7, 1983, wherein the bid was accepted and the City Manager was authorized to enter the necessary agreements to effect said lease/purchase.) Voting: 10-0 Council Members Voting Aye; Nancy A. Creech, Harold Eeischober, Vice Mayor Barbara M. Henley, H. Jack Jenni.ngs, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum November 14, 1983 -47- Item II-M. I NEW BUSINESS ITEM # 20957 Mr. GileS Dodd, Director of Finance, presented the CAPITAL IMPROVEMENTS PROGRAM for Fiscal Year 1983/84 through 1987/88. PUBLIC HEARINGS on the C.I.P. will be held as follows: November 29, 1983 (Tuesday) 7:30 p.m. Kempsville Recreation Center December 05, 1983 (Monday) 2:00 p.m. Virginia Beach Council Chambers December 07, 1983 (Wednesday) 7:30 p.m. Pavilion November 14, 1983 -48- Item II-M.2 NEW BUSINESS ADD-ON ITEM # 20958 Councilman Robert Jones requested the City Attorney draft an appropriate resolution or ordinance, for consideration by Council on November 21, 1983, which would cease consideration of all site plans pending the approval, by the Army Corps of Engineers, of the construction permit for the pipeline to Lake Gaston. Councilwoman Oberndorf requested the City Attorney explore the legalities of placing a moratorium on site plans. November 14, 1983 -49- Item 11-N.1 ADJOUR-'qMENT ITEM # 20959 By consensus, City Council adjourned the meeting at six thirty-five in the evening. lerk R cmc Mayor'Louis R. ones City Clerk City of Virginia Beach Virginia /jk November 14, 1983