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HomeMy WebLinkAboutFEBRUARY 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. 10 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. 17 18 Adopted by the Council of the City of Virginia Beach, 19 Virginia on the day of , 2004 CA-9100 Ordin/Noncode/acceptgift.doc R2 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. 26 27 28 29 30 31 32 33 34 35 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. 36 37 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. J,ý;Ø; eol EstKe ASS~ Approved as to ø. ~~ Legal Sufficiency: ~'--f? . Citl tto ey L ~ I, :%1, ð4 Approved as to Content: Date !-2!-¿Jtj Date ~:t~1 Reviewed by: ~ ~ Item Number ~~ ~~.ß/ð 7' Date 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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; 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 (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: 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 66 67 68 69 7O 71 72 73 74 75 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. 76 77 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 V 0 I M B L C E S L DATE: January 27, 2004 D C M R C A W PAGE: 3 I J L A N R H N I E E 0 A D D E M U L W AGENDA Z U N N D 0 E I E S 0 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 V 0 I M B L C E S L DATE: January 27, 2004 D C M R C A W PAGE: 4 I J L A N R H N I E E 0 A D D E M U L W AGENDA Z U N N D 0 E I E S 0 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