FEBRUARY 3, 2004 AGENDACITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
HARRY E. DIEZEL Kernpsville - District 2
MARGARET L. EURE, Centerville - District 1
REBA S. McCLANAN, Rose Hall - District 3
RICHARD A. MADDOX, Beach - District 6
JIM REEVE, Princess Anne - District 7
PETER W. SCHMIDT, At-Large
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LILLEY
CiTY CLERK - RUTH HODGES SMITH, MMC
CITY COUNCIL AGENDA
3 February 2004
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE.'(757) 427-4303
FAX (757) 426-5669
E- MAIL: Ctycncl@ vbgov, com
I. INFORMAL SESSION
- Conference Room -
1:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
II.
CITY COUNCIL BRIEFING
mo
ANNUAL MILITARY APPRECIATION WEEKEND - JULY 4TM
Council Members: Rosemary Wilson and Richard Maddox
Ill.
CITY MANAGER'S BRIEFINGS
mo
VIRGINIA MARINE SCIENCE MUSEUM (VMSM) Exhibit Renovation
Don Patterson, President, VMSM Foundation, Inc.
Peter Sollogub, Principal Architect
B. FIVE-YEAR FORECAST - (Status Update)
Catheryn Whitesell, Director, Department of Management Services
C. TAX RELIEF PROPOSED FOR THE ELDERLY
Catheryn Whitesell, Director, Department of Management Services
D. AICUZ INTERIM GUIDELINES
Robert Scott, Director, Department of Planning
Eo
ECONOMIC DEVELOPMENT INCENTIVES PROGRAM (EDIP)
Don Maxwell, Director, Department of Economic Development
Robert Scott, Director, Department of Planning
IV. REVIEW OF AGENDA ITEMS
V. COUNCIL LIAISON REPORTS
VI. CITY COUNCIL COMMENTS
VII. FORMAL SESSION
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION:
Reverend Ken Wood
Pastor, Holy Spirit Catholic Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UN1TED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. SPECIAL SESSION
2. INFORMAL AND FORMAL SESSIONS
January 20, 2004
January 27, 2004
G. AGENDA FOR FORMAL SESSION
H.. CONSENT AGENDA
I. ORDINANCESfRESOLUTION
1. Ordinance to ACCEPT a gift of DVD production equipment and services from Nightingale
Regional Air Ambulance for use by the Fire Department to enhance training capabilities.
2. Ordinance re City Council Policy and Procedures for review and consideration of local property
tax exemption by designation and requirements for retention by tax exempt entities.
3. Resolution to REDEFINE the mission of the Shore Drive Advisory Committee (SDAC).
J. APPOINTMENTS
BOARD OF BUILDING CODE APPEALS - Plumbing/Mechanical
COMMUNITY POLICY and MANAGEMENT TEAM - CSA AT-RISK YOUTH
COMMUNITY SERVICES BOARD- CSB
FRANCIS LAND HOUSE BOARD OF GOVERNORS
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE - HREDA
HUMAN RIGHTS COMMISSION
MINORITY BUSINESS COUNCIL
OPEN SPACE COMMITTEE
PARKS and RECREATION COMMISSION
PUBLIC LIBRARY BOARD
SENIOR SERVICES OF SOUTHEASTERN VIRGINIA - SEVAMP
TIDEWATER REGIONAL GROUP HOME COMMISSION
TOWING ADVISORY BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION -VBCDC
WETLANDS BOARD
K. UNFINISHED BUSINESS
Lo
NEW BUSINESS
M. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
Agenda 02/03/04st
www. vbgov, com
I. INFORMAL SESSION - Conference Room- 1:00 PM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
Il. CITY MANAGER'S BRIEFINGS
Ao
VIRGINIA MARINE SCIENCE MUSEUM (VMSM) Exhibit Renovation
Don Patterson, President, VMSM Foundation, Inc.
Peter Sollogub, Principal Architect
B. FIVE-YEAR FORECAST- (Status Update)
Catheryn Whitesell, Director, Department of Management Services
C. TAX RELIEF PROPOSED FOR THE ELDERLY
Catheryn Whitesell, Director, Department of Management Services
Do
RESORT AREA IMPROVMENTS - 2004
Charles Meyer, Chief Operating Officer
Steve Thompson, Chief Financial Officer
E. AICUZ INTERIM GUIDELINES
Robert Scott, Director, Department of Planning
Fo
ECONOMIC DEVELOPMENT INCENTIVES PROGRAM (EDIP)
Don Maxwell, Director, Department of Economic Development
Robert Scott, Director, Department of Planning
11I. REVIEW OF AGENDA ITEMS
IV. COUNCIL LIAISON REPORTS
V. CITY COUNCIL COMMENTS
VI. FORMAL SESSION
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. INVOCATION:
Reverend Ken Wood
Pastor, Holy Spirit Catholic Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. SPECIAL SESSION
2. INFORMAL AND FORMAl. SESSIONS
January 20, 2004
January 27, 2004
G. AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded here and in accordance with the provisions of The
Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia Law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Closed Session were heard, discussed or
considered by Virginia Beach City Council.
I. ORDINANCES/RESOLUTION
1. Ordinance to ACCEPT a gift of DVD production equipment and services from Nightingale Regional Air
Ambulance for use by the Fire Department to enhance training capabilities.
2. Ordinance re City Council Policy and Procedures for review and consideration of local property tax
exemption by designation and requirements for retention by tax exempt entities.
3. Resolution to REDEFINE the mission of the Shore Drive Advisory Committee (SDAC).
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
MEETING DATE:
An Ordinance to Accept a Gift of DVD Production Equipment
and Services From Nightingale Regional Air Ambulance
February 3, 2004
Background:
As a result of a joint educational effort regarding operations in and around medical
helicopters, the Nightingale Regional Air Ambulance organization desires to donate
DVD production equipment and services to enhance training capabilities of the
Virginia Beach Fire Department.
Considerations:
The Fire Department will receive production equipment that will enable it to produce
training materials in the increasingly popular DVD format. The equipment has
already been used in the production of a training video in this format that will be
available for use by Nightingale Regional Air Ambulance in conducting regional
training to various local emergency response agencies.
Public Information:
To be advertised as part of the City Council's agenda.
· Attachment:
Ordinance
Recommended Action: Approval
Submitting Department/Agency: Fire Department
City Manager: ~ ~_ ,'~~3'¢'L
F:\Data~,'FY~Ordin\NONCOD E\acceptgiftarf.wpd
AN ORDINANCE TO ACCEPT A GIFT OF
DVD PRODUCTION EQUIPMENT AND
SERVICES FROM NIGHTINGALE REGIONAL
AIR AMBULANCE
WHEREAS, Nightingale Regional Air Ambulance has agreed to
8 donate DVD production equipment and services to the City of
9 Virginia Beach.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
11 OF VIRGINIA BEACH, VIRGINIA:
12
That a gift from Nightingale Regional Air Ambulance of DVD
13 production equipment and services valued at approximately
14 $1,800.00 is hereby accepted, and this equipment will be made
15 available to the Fire Department for use in producing training
16 materials.
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Adopted by the Council of the City of Virginia Beach,
19 Virginia on the
day of , 2004
CA-9100
Ordin/Noncode/acceptgift.doc
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January 22, 2004
Approved as to Content
F
Approved as to Legal
Sufficiency
City Attorne~ Office~Y
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
MEETING DATE:
An Ordinance to Adopt a Policy and Procedures for the Review and
Consideration of Application for Exemption From Local Property
Taxes and a Requirement for Re-Application by Tax-Exempt Entities
February 3, 2004
Background:
The Constitution of Virginia and Virginia Code provide that nonprofit organizations may
apply to the local governing body to be designated as exempt from local property taxes.
As of 2003, the General Assembly is no longer involved in the exemption process, and the
exemption may be granted by local ordinance.
Considerations:
The proposed City Council policy establishes detailed criteria and a process for applications
for tax exemption by designation. The policy and ordinance also require that exempt
organization re-apply for exempt status every three years.
Key policy points:
· The Community
Organization Grant Committee will review and make
recommendations about applications.
· Organizations must actually own property subject to taxation.
· Applicants must be tax exempt under IRS § 501 (c)(3) and maintain this status.
· The policy prohibits retroactive exemptions.
· The policy will limit exemptions to property owned at time of application.
Public Information:
To be advertised as part of the City Council agenda.
Attachments:
Ordinance
Proposed City Council Policy
Recommended Action: Approval
Submitting Department/Agency:City Att orney,~"~~.~~~~
City Manager: (~r~ ~_~ ~P'~L
F:~Data~.ty\Ordin~Noncode~Local Tax Procedure arf. wpd
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AN ORDINANCE TO ADOPT A POLICY AND PROCEDURES
FOR THE REVIEW AND CONSIDERATION OF
APPLICATIONS FOR EXEMPTION FROM LOCAL PROPERTY
TAXES AND A REQUIREMENT FOR RE-APPLICATION BY
TAX-EXEMPT ENTITIES
WHEREAS, the Constitution of Virginia and the Code of
Virginia provide that certain nonprofit organizations may apply to
the local governing body for exemption from local property taxes;
WHEREAS, the consideration of such applications is
important to the City Council, since any exemption from property
taxes will directly affect City revenues;
WHEREAS, guidelines have been developed that establish
criteria for such applications, along with a process to consider
such applications; and
WHEREAS, the City Council wishes to provide for
continuing oversight of these exemptions, and to require entities
exempt from property taxation by designation to re-file
applications every three (3) years with the local assessing
officers.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH:
1. That City Council hereby adopts the attached policy
regarding applications for tax exemption by designation.
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2. That any entity owning real and personal property
that is exempt from taxation by designation shall file triennially
an application, in the manner provided for by City Council policy,
as a requirement for retention of the exempt status of the
property. Every entity exempted prior to January 1, 2004, shall
file an application for retention of its exemption no later than
November 1, 2006, and triennially thereafter. Every entity
exempted after January 1, 2004, shall file its application for
retention of its exemption within three (3) years of the effective
date of its exemption from taxation, and triennially thereafter.
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Adopted by the Council of the City of Virginia Beach,
Virginia on the day of , 2004.
CA-8643
ORDIN\NONCODE\Local Tax Procedure ord.wpd
R4
January 16, 2004
APPROVED AS TO LEGAL SUFFICIENCY'
City Attorneys Off~e
C P
ouncil olicy
~ .~:-~_- ~~7.: '.9
·
Title: City Council Policy Regarding Applications for Tax Exemption by Index Number:
Designation
Date of Adoption: 02/03/04 Date of Revision: Page 1 of 3
1.0 Purpose and Need
Purpose: To establish criteria for approval of resolutions by the City Council supporting legislation to exempt, by
designation, local nonprofit organizations from real and personal property tax.
Need: City Council has requested guidance as to criteria for considering exemptions as well as a procedure for
reviewing requests for exemptions from local property taxes.
Legislative Background: The Virginia Constitution provides that, after January 1,2003, local governments may,
by designation, exempt the real and personal property of nonprofit organizations from local property taxes if used
exclusively for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground
purposes. However, as provided in Virginia Code § 58.1-3651, the local governing body must adopt an ordinance
to exempt the property.
2.0 Policy
The City Council is not required to designate any organization as being exempt from taxation, and every
designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance
granting the exemption. If an organization does not comply with these requirements, the City Council may
revoke the tax exemption after providing notice and a hearing to the organization,. Any revocation of an
exemption shall be effective at the beginning of the tax year during which the revocation occurs.
City Council shall be provided detailed information by the applicant or a representative of the applicant necessary
to determine the benefits to the public that will result from granting the tax exemption. In considering
applications, the City Council shall employ the following guidelines:
1. The organization (or an affiliated organization) must currently own property in Virginia Beach.
2. The organization's property taxes must represent a significant burden, at least either $250 or more annually
or 5% or more of its expenditures for last fiscal year (whichever is greater).
3. Exempt personal or real property cannot be used by any member of the organization or other persons except
for the purposes designated by the City Council.
4. The organization must be exempt from federal income tax pursuant to IRC § 501(c), and upon obtaining
exemption, must annually submit (by July I of each year) its IRS Forms 990 and 990EZ to the
Commissioner of the Revenue. If not required to file 990 or 990EZ returns, then the organization must
annually certify its continuing tax exempt status. Loss of 501 (c) status must immediately be reported to
the Commissioner of the Revenue and the City Attorney, and is grounds for revocation of tax exempt status.
Title: City Council Policy Regarding Applications for Tax Exemption by
Designation
Date of Adoption: 02/04/04 I Date of Revision:
Index Number:
Page 2 of 3
o
Pursuant to Virginia Code § 58.1-3605, each entity exempted from local property taxes shall, every three
years, file an exemption application with the Commissioner of the Revenue as a requirement for retention
of the exempt status of the property. The application form shall be approved as to form by the City
Attorney. The Community Organization Grant Committee shall review the applications and make
recommendations to the City Council about any organizations that it believes should no longer be exempt.
6. No requests for retroactive grants of tax exemption shall be considered or granted.
.
.
o
The City Council will only consider applications from organizations in compliance with all City ordinances
and regulations (including but not limited to building, property maintenance and zoning codes) and all local
tax obligations.
With real property, exemptions shall only apply to properties listed on the organization's application and
referenced in the ordinance adopted by the City Council.
Exemptions, as well as any departure from these guidelines, shall require approval by three-fourths (3/4)
of the members of the City Council.
3.0 Procedure to Accomplish .Policy
,
Organizations applying for exemption must request a written determination from the Commissioner of the
Revenue and the Real Estate Assessor as to whether the organization is or may be tax-exempt by
classification, pursuant to Article 2 (§ 58.1-3606 et seq) or Article 3 (§ 58.1-3609 et seq.) of Title 58.1 of
the Virginia Code. If the organization is not exempt, but meets the criteria of organizations that can be
exempted by designation (see Virginia Code § 58.1-3651 ), the organization will receive an application form
from the Commissioner of the Revenue. The application form'shall request all information required by
Virginia Code § 58.1-3651 and be approved as to form by the City Attorney.
.
Applications for exemption shall be considered once annually. Each year, new applications for exemption
must be submitted to the City Attorney by November 1. The City Attorney will review the application for
completeness, and the tax information in the completed application will be reviewed for accuracy by the
Commissioner of the Revenue. By December 1, the applications will be given to the Community
Organization Grant ("COG") committee for its review. By February 15'h, the COG committee shall make
its recommendations in writing to the City Council as to whether each application should be approved or
denied.
.
After review by the COG committee, the applications will be advertised for a public hearing and
consideration by the City Council. Each applicant shall pay the costs of such advertisement. By May 1,
the City Council will then conduct a public hearing and consider the criteria set forth in Virginia Code § 58.1 -
3651 and the recommendations of the COG committee. Any exemptions granted shall be effective as of
the next July l't
4.0 Responsibility and Authority
Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively
with the City Council. Responsibility for initial contact with taxpayers, supplying applications and verifying tax
information on submitted applications shall be with the Commissioner of the Revenue. Responsibility for
reviewing applications for completeness and preparing required ordinances, advertising public hearings and
placing items on the City Council's agenda for a vote on proposed exemptions shall rest with the City Attorney.
Title: City Council Policy Regarding Applications for Tax Exemption by Index Number:
Designation
Date of Adoption: 02/04/04 I Date of Revision: Page 3 of 3
5.0 Definitions
BENEFIT TO THE PUBLIC - Any benefit or advantage expected to be realized by the public, whether tangible or
intangible, which may accompany the tax exemption.
LOCAL PROPERTY TAXES - Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible
personal property.
6.0 Specific Reauirements
In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0, respectively, documentation
forwarded to the City Council shall include submission of an application form in form and substance substantially
as presented in the attached Exhibit A, as well as any additional information that the applicant wishes to present
to the City Council.
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F:\Users\LSpencer\ Wp\ W ork\taxexemptpolicydesig n. wpd
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
Resolution Redefining the Mission of the Shore Drive Advisory
Committee
MEETING DATE: February 3, 2004
Background: The Shore Drive Advisory Committee was established by the City Council
in February of 1998. Its purpose is to serve in an advisory capacity to the City Council with
respect to development and improvement of the Shore Drive Corridor. Since its initial
formation, the Committee has accomplished many of the specific duties and responsibilities
it was initially charged to accomplish.
Since its establishment, the role of the Committee has evolved such that it has assumed
an increasing role as a review and oversight body for both public and private development
and improvement projects in the Shore Drive area. Accordingly, it is appropriate that its
initial mission be revised to reflect its changing role and function for the community.
Considerations: The proposed Resolution would redefine the Committee's role to
include, in addition to all of the Committee's ongoing duties and responsibilities, serving as
a liaison between the Shore Drive community and the City Council. In fulfilling this mission,
the Committee would have the following additional duties and responsibilities:
To continue to identify, refine and reprioritize a series of recommended public
projects and actions to the City Council for implementing the ULI Bayfront Study
recommendations, the adopted Shore Drive Corridor Plan, Shore Drive
Transportation Plan, Design Guidelines and Landscaping Guidelines, and
addressing issues associated with development of the Corridor;
.
To aggressively pursue and facilitate the establishment of public-private
partnerships to achieve the goals and recommendations of the ULI Study and
adopted plans and guidelines;
.
To engage in public information efforts to improve communication between the
Shore Drive community, the development community, and the City government and
to serve as a forum for discussion of information brought forth by both the public
and private sectors on matters related to the Shore Drive community; and
.
To monitor and report to the City Council the progress of implemented public
projects and plans within the Shore Drive Corridor, and provide recommendations
for remedial actions as deemed necessary.
Public Information: The proposed revised mission for the Committee has been discussed
in detail at its meetings, which are open to the public. The Resolution will be advertised as
an ordinary agenda item.
Alternatives: Alternatives to this approach considered by the Committee included a No
Action Alternative and a more aggressive proposal which would have greatly increased the
Committee's role. The No Action alternative would not addressed perceived needs, and
the more aggressive proposal would have generated potential overlaps with other Boards
and Commissions which also have a role in the corridor, such as the Planning
Commission. Accordingly, both of these alternatives were deemed ineffective in achieving
the optimum desired benefits derived from a more coordinated and cooperative approach
involving other important stakeholders in the area.
Recommendations: Adoption of the Resolution
Attachments:
Resolution
Recommended Action: Approval
Submitting Department/Agency: Planning
City Manager:~~/'-, ~
1 Requested by Councilmember James L. Wood
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A RESOLUTION REDEFINING THE MISSION OF
THE SHORE DRIVE ADVISORY COMMITTEE
WHEREAS, in February of 1998, pursuant to Resolution No.
98-2578, the City Council established the Shore Drive Advisory
Committee (the "Committee"); and
WHEREAS, the purpose of the Committee has been to serve
in an advisory capacity to City Council with respect to
development and improvement to the Shore Drive Corridor,
specifically:
(1) to familiarize itself with the Urban Land
Institute's Bayfront Study and the various ussies associated
with development of the Corridor;
(2) to develop an aesthetics and urban design plan for
the Corridor using the Bayfront Study as a foundation for such
plan;
(3) to identify a series of recommended projects and
actions to implement the aforesaid aesthetics and urban design
plan, and to prioritize such projects and plans;
(4) to facilitate the establishment of public-private
partnerships to achieve the goals and recommendations of the
Urban Land Institute's Bayfront Study and the Committee;
(5) to investigate alternative funding sources for
projects within the Corridor;
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(6) to enage in public information efforts regarding the
Committee's work and efforts; and
(7) to monitor the progress of those projects and plans
which are implemented; and
WHEREAS, the Committee has accomplished many of the
duties and responsibilities initially assigned to it by the
City Council;
WHEREAS, the role of the Committee has evolved such that
it has become a forum for informal review of, and information
concerning, public and private development and improvement
projects being undertaken in the Shore Drive Corridor; and
WHEREAS, it is appropriate that the specific duties and
responsibilities previously assigned to the Committee by the
City Council be redefined to reflect its evolving role and
function for the Shore Drive community.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That, in addition to all of the Committee's ongoing
specific duties and 'responsibilities assigned to the Committee
pursuant tc resolution No. 98-2578, the mission of the
Committee shall also include serving as a liaison between the
Shore Drive community and the City Council. In fulfilling
this mission, the Committee shall be charged with the
following additional duties and responsibilities:
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1. To continue to identify, refine and reprioritize a
series of recommended public projects and actions to the City
Council for implementing the ULI Bayfront Study
recommendations, the adopted Shore Drive Corridor Plan, Shore
Drive Transportation Plan, Design Guidelines and Landscaping
Guidelines, and addressing issues associated with development
of the Corridor;
2. To aggressively pursue and facilitate the
establishment of public-private partnerships to achieve the
goals and recommendations of the ULI Study and adopted plans
and guidelines;
3. To engage in public information efforts to improve
communication between the Shore Drive community, the
development community, and the City government and to serve as
a forum for discussion of information brought forth by both
the public and private sectors on matters related to the Shore
Drive community; and
4. To monitor and report to the City Council the
progress of implemented public projects and plans within the
Shore Drive Corridor, and provide recommendations for remedial
actions as deemed necessary.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of February, 2004.
CA-8833
wmm~ ordre s ~ sdacres, doc
R-3
January 28, 2004
APPROVED AS TO CONTENT:
P1 annin~-'~epartment
APPROVED AS TO LEGAL SUFFICIENCY:
C~ty Att e
J. APPOINTMENTS
BOARD OF BUILDING CODE APPEALS - Plumbin~Mechanical
COMMUNITY POLICY and MANAGEMENT TEAM - CSA AT-RISK YOUTH
COMMUNITY SERVICES BOARD- CSB
FRANCIS LAND HOUSE BOARD OF GOVERNORS
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE - HREDA
HUMAN RIGHTS COMMISSION
MINORITY BUSINESS COUNCIL
OPEN SPACE COMMITTEE
PARKS and RECREATION COMMISSION
PUBLIC LIBRARY BOARD
SENIOR SERVICES OF SOUTHEASTERN VIRGINIA- SEVAMP
TIDEWATER REGIONAL GROUP HOME COMMISSION
TOWING ADVISORY BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION-VBCDC
WETLANDS BOARD
K. UNFINISHED BUSINESS
L. NEW BUSINESS
M. ADJOURNMENT
j
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
DATE: January 27, 2004
PAGE' 1
AGENDA
ITEM # SUBJECT MOTION VOTE
M
C E S L
D C M R C A W
I J L A N R H N I
E E 0 A D D E M U L W
IE I~1 EIAIOI ~IVIDIVIOIoI
I CITY COUNCIL'S BRIEFING
A JOINT LAND USE STUDY (JLUS) James M. "Mike"
Davis
Assistant Director,
Office of Economic
Adjustment,
Department of
Defense
I I BRIEFINGS
A MUHAMMAD TRIAL Paul J. Lanteigne,
Sheriff,
David C. Sullivan,
Chief Information
Officer
Cindy Curtis,
Director,
Department of
B MUNICIPAL SKATE PARK Parks and
Recreation
David C. Sullivan,
Chief Information
Officer,
C COX CABLE FRANCHISE William M. Macali,
Deputy City
Attorney
Council Discussion
D EMERGENCY RESPONSE SYSTEM - (ERS)
III/ CERTIFICATION OF CLOSED SESSION NO TIME FOR
IV/ CLOSED
V/VI SESSION
E
A
F MINUTES - January 13, 2004 APPROVED 10-0 Y Y Y Y Y Y Y Y Y Y B
S
T
A
I
N
E
D
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
DATE: January 27, 2004
PAGE: 2
AGENDA
ITEM # SUBJECT MOTION VOTE
C E S L
D C M R C A W
I J L A N R H N I
E E 0 A D D E M U L W
Iz IUININIDIOIEI I IEISI¢,I
I E I R I [, I A I 0 I R I V I D I V I 0 I C, I
G/ti PUBLIC HEARINGS:
No speakers
EXCESS CITY PROPERTY ~ Columbus
I
Street/Independence Boulevard
2 ARP - Barry D/Paula W. Knight ~ Head of No speakers
River Road
L/J-1 Resolution to ACCEPT/APPROVE concept of ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y xt'
OLD BEACH DISTRICT
study/AUTHORIZE public involvement with
final recommendation a~er consultant
completes its work.
2 Joint Resolution of Council/School Board to ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
REQUEST that US Congress/VA General CONSENT
Assembly refrain from enacting additional
under-funded/unfounded.
ADD Resolution re City's Support of Rapid Transit ADOPTED, BY I 1-0 Y Y Y Y Y Y Y Y Y Y '~
ON (BRT)/requesting Tea-21 Reauthorization Bill CONSENT
to include funding a Feasibility Study re
extendint~ the project to the Town Center.
ADD Resolution opposing Senate Bill (SB 58) re ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
ON repair/maintenance of certain nonconforming CONSENT
signs/billboards.
ADD Resolution opposing House Bill (HB 412) re ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y ~'
ON local meal and transient lodging taxes. CONSENT
K-I Ordinance to AMEND {}2-90 of City Code re ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y 5'
political activities by city employees. CONSENT
2 Ordinance to DECLARE EXCESS ADOPTED BY 10-0 Y Y Y Y Y Y Y Y Y A 5
PROPERTY at Independence CONSENT B
Boulevard/Columbus Street/AUTHORIZE S
Agreement of Sale to Crawford Properties, T
L.L.C. A
(KEMPSVILLE - DISTRiCT 2) I
N
E
D
3 Ordinance to AUTHORIZE acquisition of ADOPTED BY 10-1 Y Y Y N Y Y Y Y Y Y Y
ARP rights for Head of River Road from Barry CONSENT
D./Paula W. Knight for $178,410.
(PRINCESS ANNE - DISTRICT 7)
4 Ordinance to AUTHORIZE First Amendment ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y 5'
to Post-Closing Agreement (June 11, 2003) with CONSENT
LifeNet re purchase remaining Parcel 5, at
Princess Anne Road/Concert Drive.
(PRINCESS ANNE - DISTRICT 7)
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
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ITEM # SUBJECT MOTION VOTE E R E A 0 R V D V 0
0
L E S N X F E T A N
D
5 Ordinance to ACCEPT/APPROPRIATE a ADOPTED BY I 1-0 Y Y Y Y Y Y Y Y Y Y Y
$31,000 Grant to statewide stranding for CONSENT
VMSM.
6 Ordinance to ACCEPT/APPROPRIATE ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
$10,000 from FEMA urban search and rescue CONSENT
team.
7 Ordinance to TRANSFER $5,000,000 from ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Pavilion Thealxe Replacement/S750,000 from
TCC to Rudee Loop - Phase I re purchase of
property from Robert Herman Properties
8 Ordinance to AUTHORIZE City Manager to ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
execute Option to Purchase approx. 2.73 acres
at Rudee Loop from Robert Herman Properties,
L.L.C. and Herman, Inc.
L Ordinance to AMEND CZO re CUP re NO ACTION B Y C O N C E N S U S
sales/service of alcoholic beverages. (Deferred by
Planning
Commission)
M-! THOMAS E. WRIGHT closure of portion of APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
Lineberry Road ~ Doctor Drive/Hospital CONDITIONED
Drive re two adjoining residential lots. BY CONSENT
(DISTRICT 3 - ROSE HALL)
2 BAYSIDE PRESBYTERIAN CHURCH APPROVED/ I I~0 Y Y Y Y Y Y Y Y Y Y Y
CUP columbarium at 1400 Ewell Road. CONDITIONED
(DISTRICT 4 - BAYSIDE) BY CONSENT
3 O B F P, INC. ~ South Birdneck Road/Bells APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
Road. MODIFIED AS
PROFFERED BY
DISTRICT 6 - BEACH CONSENT
a. COZ from R-10/A-12/B-2 to Conditional (Wilson
I-1 disclosed/voted)
b. Modification of CUP for Aqua Sports,
Inc. (June 23, 1986)
N APPOINTMENTS
RESCHEDULED
BOARD OF BUILDING CODE APPEALS - BY CONSENSUS
Piumbin~qvlechanical
COMMUNITY POLICY and MANAGEMENT KESCHEDULED
TEAM - CSA AT-RISK YOUTH BY CONSENSUS
COMMUNITY SERVICES BOARD (CSB) KESCHEDULED
BY CONSENSUS
FRANCIS LAND HOUSE BOARD OF RESCHEDULED
GOVERNORS BY CONSENSUS
HAMPTON ROADS ECONOMIC RESCHEDULED
DEVELOPMENT ALLIANCE (HREDA) BY CONSENSUS
--
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
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ITEM # SUBJECT MOTION VOTE E R E A 0 R V D V 0 0
L E S N X F E T A N
D
HUMAN RIGHTS COMMISSION RESCHEDULED
BY CONSENSUS
RESCHEDULED
MINORITY BUSINESS COUNCIL BY CONSENSUS
OPEN SPACE COMMI'I-rEE RESCHEDULED
BY CONSENSUS
PARKS/RECREATION COMMISSION RESCHEDULED
BY CONSENSUS
PUBLIC LIBRARY BOARD RESCHEDULED
BY CONSENSUS
SEVAMP RESCHEDULED
BY CONSENSUS
TIDEWATER REGIONAL GROUP HOME RESCHEDULED
COMMISSION BY CONSENSUS
WETLANDS BOARD RESCHEDULED
BY CONSENSUS
O/P/Q ADJOURNMENT 6:55 PM