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FEBRUARY 3, 2009 i II III III CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM j) SESSOMS ,JR., At-Large VICE MAYOR LOllS R. JONES, Bayside - District-l GLENN R. DAVIS, Ilose Hall- District 3 WILLIAM R. DeS7FPH, At-Large HARRY E. DIEZEL. Kempsville - District 2 ROBERT M. DYER.. Centervifle - District I BARBARA M. HENI.EY, Princess Anne District 7 JOHN E. UHRIN, lieach.. District 6 RON A. VILLANU/:VA, At-Large ROSEMARY WILS( iN, At-Large .JAMES L WOOD, I.ynnhaven -District 5 CITY COUNCIL AGENDA 3 FEBRUARY 2009 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-8005 PHONE.(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com ClrY MANAGER - JAMES K. SPORE CITY A 77'ORNEY - I.ESLIE L LILLEY CITY ASS/;;SSOR - JIiRALD BANAGAN C/71' AUDITOR - LYNDON S REMIAS CITY CL/;;!IK - R{ '7H HODGES FRASER, MMC I. CITY COUNCIL'S BRIEFINGS - Conference Room - 2:00PM A. HAMPTON ROADS PARTNERSHIP UPDATE E. Dana Dickens, President/CEO, Hampton Roads Partnership B. SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) UPDATE Michael 1. Barrett, SPSA II. CITY MANAGER'S BRIEFING A. OVERVIEW and STATUS OF PEMBROKE AREA IMPLEMENTATION PLAN Burrell Saunders, AlA, Principal, CMSS Architects Tom Pauls, Comprehensive Planning Coordinator III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS. V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 'I 'II I'll III VII. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Richard Sherrill Chaplain, Virginia Beach Correctional Center C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICA TION OF CLOSED SESSION F. MINUTES I. INFORMAL and FORMAL SESSION January 27, 2009 G. FORMAL SESSION AGENDA H. CONSENT AGENDA I. ORDINANCES/RESOLUTIONS I. Ordinances re SPORTSPLEX: a. AUTHORIZE Lease of City property with future option for additional acreage for athletic fields at 2181 and 2257 Landstown Road to VIRGINIA BEACH FIELD HOUSE, LLC b. ACCEPT non-binding Term Sheets re Management Agreements for operation and management of the Sportsplex and United States Field Hockey National Training Center c. ACCEPT Ground Lease re construction of a retail center 2. Resolution to APPOINT William M. Macali as Acting City Attorney, effective February 16,2009. I II; III III 3. Resolutions re Virginia Department of Transportation (VDOT) re Urban Maintenance: a. ACCEPT additional streets b. ACCEPT corrections/deletions re Road Inventory 4. Ordinance to ACCEPT and APPROPRIATE $70,000 from the Federal Emergency Management Agency (FEMA) for the deployment of Virginia Task Force-2 to the Fire Department re Hurricane Omar. J. PLANNING 1. Applications of the CITY OF VIRGINIA BEACH: a. 2181 and 2257 Landstown Road (deferred November 25,2008) DISTRICT 7 - PRINCESS ANNE 1. Change of Zoning District Classification from AG-l Agricultural District to Conditional B-2 Community Business District re sports enhancement 2. Conditional Use Permit re recreational facilities RECOMMENDATION APPROVAL K. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BIKEWAYS/TRAILS ADVISORY COMMISSION COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PERSONNEL BOARD WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** I II III "I Effective January 1, 2009: Virginia Beach City Council will hold Informal and Formal Sessions on the Second and Fourth Tuesdays of each month. Workshops will be scheduled for the First and Third Tuesdays of each month PROPOSED RESOURCE MANAGEMENT PLAN FY 2010 BUDGET WORKSHOPS February 9, 10 March 24 April 7 April 14 April 21 April 16 April 28 May 5 May 12 Agenda 2/3/09afb www.vbgov.com Workshop to Develop Program Priorities Economic Development - Conference Room - 8 a.m.-5 p.m. City Manager's Presentation of Budget and CIP to City Council Council Chamber - 6 p.m. Workshop Workshop Workshop Public Hearing Public Hearing Reconciliation Workshop Adoption Council Conference Room Council Conference Room Council Conference Room Green Run High School- 6 p.m. Council Chamber - 6 p.m. Council Conference Room Council Chamber - 6 p.m. ******** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** I III I I' III - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 3, 2009 Mayor William D, Sessoms, Jr" called to order the CITY COUNCIL'S BRIEFINGS re HAMPTON ROADS PARTNERSHIP in the City Council Conference Room, Tuesday, February 3,2009, at 2:00 P,M Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr" John E. Uhrin and James L. Wood Council Members Absent: Robert M Dyer [Entered: 2:10 P,MJ Ron A. Villanueva [Entered: 2:59 P,MJ Rosemary Wilson [Entered: 2:08 P.MJ February 3, 2009 I I"' III ;11 - 2 - CITYCO UNCILBRIE FING HAMPTON ROADS PARTNERSHIP UPDATE 2:00 P.M. ITEM # 58488 Mayor Sessoms introduced E. Dana Dickens, President and Chief Executive Officer, who presented the Hampton Roads Partnership Annual Report, which is hereby made a part of the record. Mr. Dickens expressed appreciation to the City Council for their support. Hampton Roads Partnership is interdependent. The former Mayor of Charlotte ran on a platform of bringing the entire region together, Charlotte being the dominant City in that region, The Mayor and Vice Mayor of Virginia Beach are both in businesses which go beyond the jurisdictional boundaries of Virginia Beach. An interesting issue is the City of Virginia Beach is the major beneficiary of the Port of Virginia located in Norfolk, Portsmouth and Newport News What happens in other parts of the Region is important. The Hampton Roads Partnership (HRP) Mission is to make Hampton Roads more competitive, A Regional Transit Plan is a very critical part of the overall picture of Hampton Roads. Who and What is the Partnership? Hampton Roads Partnership (HRP) is the only organization in the region convening leaders from government with those from business (for profit and nonprofit), education and military to focus on key regional issues directly related to enhancing our competitiveness in the global economy with resulting income and job growth for our citizens, Building Valuable Relationships with the Partnership Priority: improve cooperation impacting economic competitiveness which works to draw investment and other resources from outside the region . Brought Hampton Roads Caucus together . Grew attendance four-fold at weekly caucus meetings in Richmond . Convened first-ever combined meeting of Hampton Roads/NOVA Legislative Caucuses, strengthening our position as we work together toward transportation solutions . Produced www.BeatTheGridlock.com website, video and viral campaign Branding Hampton Roads and Regional Citizenship Priority: improve global recognition of region, reinforcing local pride and civic responsibility . Added momentum to and placement of "America's First Region" (AFR) by working with LEAD Hampton Roads on AFR vanity license plates · Collected data for first "State of Regional Cooperation Report" for planned "doing things jointly" communications, including video and speakers bureau, sharing of success stories in Hampton Roads . Promoted regional cooperation by supporting our partners February 3, 2009 I III III III - 3 - CITY COUNCIL BRIEFING HAMPTON ROADS PARTNERSHIP UPDATE ITEM # 58488 (Continued) ~ Continued economies of scale in close working relationship with Hampton Roads Film Office (HRFO), Hampton Roads Military and Federal Facilities Alliance (HRMFFA), "MOVE" Hampton Roads and the Hampton Roads Research Partnership (HRRP) by providing administrative assistance, bookkeeping and financial reporting, record maintenance, grant administration and shared office space to keep overhead costs low ~ Continued support of Hampton Roads Technology Council (HRTC) to transform the region and our technology companies into world-recognized technology leaders, including spin-off Hampton Roads Technology Incubator System (HRTIS) ~ Continued support of Opportunity, Inc, (OPPINC) to help employees and job seekers connect with a wide range of employment resources, including obtaining WIRED Grant to help mitigate economic loss of region 's Ford plant ($0,6B GRP and 6,380 jobs for a total 0.8% GRP (loss) ~ Facilitated Hampton Roads Economic Development Alliance (HREDA) into a fully regional organization from a merger of the Peninsula Alliance for Economic Development and HREDA - Souths ide ~ Participated in organizational planning for Smart Beginnings South Hampton Roads, addressing issue of school readiness ~ Convened organizations with common interests, including advocacy groups, area Chambers of Commerce, Hampton Roads Economic Development Alliance (HREDA), OPPINC, Peninsula Councilfor Workforce Development (PCFWD) and Hampton Roads Planning District Commission (HRPDC) ~ Kept Board Members (regional leaders) engaged in the Partnership's activities, especially in issue discussion and added new members from under-represented areas, segments of region ~ Provided support, facilitation and special presentations for Regional and State Leadership Groups (LEAD Hampton Roads, LEAD Virginia) Strategic Goals of the Hampton Roads Partnership Transportation Priority: improve mobility, impacting economic competitiveness and quality of life . Facilitated key transportation legislation development and support, giving Hampton Roads a mechanism to address critical infrastructure needs . Worked to inform all parties to help reach a compromise . Supported legislation to fund a transportation network modeling study using local Modeling, Analysis and Simulation expertise due at end of 2008 . Continuing to work on stopping the raid on the current construction budget and exploring other creative solutions February 3, 2009 I III I II III -4- CITYCO UNCILBRI E FING HAMPTON ROADS PARTNERSHIP UPDATE ITEM # 58488 (Continued) Economy Modeling and Simulation (Positions would average $83,000 a year) Priority: improve technology business clusters which impact economic competitiveness and quality of life, especially standards of living . Lobbied Virginia Governor and Legislature successfully for financial support of Old Dominion University (ODU's), VMASC and other modeling and simulation organizations in the region and continued support of the Modeling and Simulation industry, generating $639,5-MILLION annually (2007) for the Hampton Roads economy . Continued support of "Mod-Sim" research facility next to USJFCOM in Suffolk . Saved fifteen (15) ODU instructor positions, despite 2007 tough budget year . Facilitated ModSim World conferences since 2007, attracting 700 plus world-wide participants annually . Facilitated development offirst Regional Modeling and Simulation Plan . Established three (3) clusters in Modeling and Simulation - medical, transportation and game- based learning. dedicated to bring research and industry together for economic gain despite reduction in grant funding . Facilitated ODU'S VMASC Librarian Game Survey, results of which will be used at a 2009 conference to promote game-based learning in K-12 Port and Maritime Logistics Priority: Improve supporting multi-model infrastructure to maximize container capacity, impacting economic competitiveness and stature in the world economy. . Traveled to Alliance, Texas, to visit a "model" Logistics Park with key state, regional and local players . Worked on proposed Global Logistics Park. convening all regional players . Introduced "influencers" to the economic potential of a Park in Hampton Roads, providing ready-to-build sites critical to the port's continued growth Military Priority: continue supporting Hampton Roads Military and Federal Facilities Alliance (HRMFFA) to preserve and grow Federal capabilities within the Hampton Roads region . Work with HRMFFA to mitigate economic loss as a result of BRAC CLOSURES ($0,9-BILLION GRP and 9,099 jobs for a total of 1.2% GRP loss) . Work with HRMFFA to mitigate looming potential economic loss of another aircraft carrier from the region ($I-BILLION and 5,000jobs estimated) February 3, 2009 I I"' I I III I - 5 - CITYCO UNCI LBRI E F ING HAMPTON ROADS PARTNERSHIP UPDATE ITEM # 58488 (Continued) Education Priority: focus early child indicators as establishment of good education foundation . Formed Early Childhood Data Group with representatives of United Way South Hampton Roads, the Planning Council and the Norfolk Foundation . Held focus group meetings with representatives of early childhood funders, elected officials and business leaders plus early childhood providers from schools, other municipal departments, faith- based services and neighborhood organizations . Provided model for a similar statewide process by Virginia Department of Education . Identified indicators that will convince investors or sponsors to provide sustainable funding for early care and education programs over time . Defined "school readiness" as the capabilities of children, families, schools and communities that best promote student success in Kindergarten and beyond Hampton Roads Performance Indicators: "The Way Forward" Priority: improve Hampton Roads community by identifying generally-accepted quality of life indicators and offering these in a public forum as an assessment tool and basis for work by government, organizations and citizens, especially via civic engagement . Carried over work of the "Indicators Project" for official website launch in January 2009 . Utilized as model for other regions of the Commonwealth . Partnered with data-tracking organizations, agencies in the region (HRP DC, HREDA localities, the Norfolk Foundation, the Planning Council, Tidewater Community College, Old Dominion University et cetera) · Collected and organized data, workingjointly with the Council for Virginia's Future (CVF), to be used as: o Comprehensive easy-to-track data on 50+ economic and quality of life indicators o Useful, consistent and relevant data under categories such as economy education, health and family, government and citizens, natural resources, public safety and transportation o Links to more specific information and a "scorecard" to measure how the region is performing in comparison to other regions, the state, and the nation o Leadership tool, used by decision-makers and legislators February 3, 2009 I II, II' ,II - 6- CITYCO UNCILBRI E FING HAMPTON ROADS PARTNERSHIP UPDATE ITEM # 58488 (Continued) . Effecting positive change in the region by: o Demonstrating regional interconnectedness o Building alignment among organizations and agencies to address issues o Measuring progress on the Region's overall performance o Measuring Hampton Roads Partnership-specific strategic issues, determining performance gaps and better defining goals to reduce the gaps o Involving the general public by providing education on current State of the Region and transparency to progress being made on important issues o Engaging the general public in meaningful discussion on the Region's needs and work together on a common set of goals . Working with regional groups (TBD) onfollow-up citizen-engagement project . Working with Regional Leadership Groups (CIVIC. LEAD Hampton Roads and Peninsula Leadership) on an inter-related Online Discussion Forum Concerning Councilman Davis questioned re how far behind Hampton Roads is from other regions or mexa regions across the country, James City and York County collaborated and upon completion the whole peninsula will be one "911" system. The Fire Chiefin York County can respond to a call in James City County and be "in command". The savings will be approximately $5-MILLION a year. Hampton Roads Partnership has been developing a website for the past two (2) years entitled: "Hampton Roads Performs. com " Fifty (50) of the major indicators of quality of life have been encompassed within this website and accessible to all the citizens of Hampton Roads. This will empower local government officials to determine how the City is operating compared to other States,. other parts of the Commonwealth of Virginia and most importantly to our competitors (i, e, Jacksonville and Charlotte) Mr. Dickens advised Councilman Davis the Partnership still has a way to go in developing the region. Concerning the mega regions, the Partnership has met with leadership in Richmond to discuss the corridor between Hampton Roads and Richmond. This is almost a "loop ": Hampton Roads to Richmond 1-64 and back 1-460, Approximately five (5) meetings have been held with Richmond. There is more interest in Hampton Roads in accomplishing this than there is in Richmond. There is 1 00 miles between Glasgow and Edinburgh and this has been turned into a Technology Corridor. The economy is magnificent. The Mayor expressed appreciation to Mr. Dickens and the Hampton Roads Partnership. February 3, 2009 II .1"1, III "I - 7 - CITY COUNCIL BRIEFING SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) UPDATE 2:20 P.M. ITEM # 58489 Michael J. Barrett, Board of Directors - Southeastern Public Service Authority (SPSA) commented on three basic issues: the fiscal situation at SPSA, how we got into this "mess", and what SPSA wants Virginia Beach to do. Then, he will make a recommendation. First, the fiscal situation of SPSA could hardly be worse. Despite layoffs (10% of the workforce), retirements and reductions in services, the effects of lower tonnage and reduced revenue have brought SPSA to itS "knees". The failure at SPSA 's last meeting to adopt higher tipping fees only exacerbated an already difficult situation and made it more likely that an even higher tip fee will be required when SPSA votes on April 9, 2009. SPSA may be able "to keep the doors open until then" only by use of a line of credit that was intendedfor capital improvements to increase efficiency at the Waste-to-Energy plant but will be used for operations instead. Despite the requirement in the statute that SPSA established a municipal tip fee sufficient to fund operations, debt service and a margin of safety, this margin of safety now has been reduced to begging the bank to let us use the line-ofcredit for cash flow instead of capital improvements. This is the type of failure that was most prominent in the Auditor of Public Account's Performance Report. Secondly, how did SPSA get into this mess? The basic reason is the historical failure of the Board to adopt and carry out fiscal policies that would have allowed SPSA to begin paying back debt on a reasonable schedule, When the Board finally understood and passed such policies, even then the Board failed to set the municipal tip fee high enough to carry out the policies, "Why? Because the members wanted to keep the municipal tip fee as low as possible, " Thirdly, What does SPSA want Virginia Beach to do to allow SPSA to survive long enough to implement the Board's policy of selling assets to reduce debt and become less an operator and more an agency that contracts with the private sector for services, In the short term, if SPSA can survive until April 9, 2009, the Board will vote on the increase in the municipal tip fee for the six (6) members that are at risk. That rate will likely need to be in the range of $250/ton - $350/ton. The good news is Virginia Beach's fee is $53.00, Mr, Barrett is not confident a motion to approve the increase in the municipal tip fees will pass. Related to that, the members will be asked to defer principal payments due in 2009 ($I2.4M) and 2010 ($18. 1M), and to schedule these payments for 2016 and 2017 when SPSA's scheduled debt payments are much lower, The City's staff will be fully briefed on the exact fiscal impact by year, However, there is another important effect; that is, the Virginia Resources Authority (VRA) has preliminarily indicated that it would consider this refinancing to be at a higher interest rate and it would require that each City/County guarantee the percentage of the debt for each member community as these payments become due to the Bondholders, Our percentage, which is based upon our population. is the highest at 38.4%. This is an unprecedented request since existing SPSA debt payments are now guaranteed by the payments that each municipality makes in accordance with its Use and Support Agreement, and this debt is not legally guaranteed by the members, February 3, 2009 I II'1 II' 1'11 - 8 - CITY COUNCIL BRIEFING SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) UPDATE ITEM # 58489 (Continued) Perhaps you can also infer that this refinancing is simply a continuation of the same old tactic that past Boards used to avoid their obligation to set municipal tip fees high enough to pay the current cost of operations and debt service, Mr. Barrett advised, in his view, it is quite possible that the SPSA 's Board, on April 9, 2009, will fail to set tipping fees high enough to meet the cost of operations and debt service. If SPSA misses debt payments, the Bondholders will have the right to go to court to force the SPSA Board to adopt adequate municipal tipping fees to meet its legal obligation but. by then, the bank which provides the Letters of Credit for landfill closure and the Lines of Credit for operations and cash flow, will most likely have called SPSA 's loans (approximately $35-MILLION) and SPSA will have closed down. Mr. Barrett believes that prior to the debacle of the last meeting, SPSA could continue to operate until the pending sale of the Waste-to-Energy plants could take place. This sale would significantly reduce SPSA 's debt burden. However, based on comments at the last meeting by the SPSA Board Members from other jurisdictions, Mr. Barrett is not at all convinced that the required tipping fees will be passed, and frankly, he does not believe all the Members will agree to be guarantors of the refinanced debt. Therefore, in the absence of those actions, the Line of Credit will quickly run out, SPSA will be out of financial options and will likely be required to shut down. Therefore, he believes that the Members must agree to meet to discuss the renegotiation of the conditions under which SPSA was chartered. Mr. Barrett recommended the report prepared for the Chief Administrative Officers by SCS Engineers, a National Environmental Consulting and Engineering firm for waste management in our service area, in the post 2018 time frame should be the outline for new arrangements now that will ensure all the Members have access to the municipal solid waste disposal assets in which we have invested millions of dollars, Mr. Barrett believes if the Members allow SPSA to fail, the disruption to the members, the commercial sector and the Navy, will be quite severe in the short run and the damage to all Municipal reputations with the rating agencies will be even more severe in the long run. The Members can fix that, and should. Virginia Beach's Municipal Waste can be taken care of; however, the commercial sector will be at significant risk as most of the private haulers do not have disposal capacity and will have to truck the commercial waste eighty (80) to one hundred (100) miles away at a significantly higher cost. The other Municipalities do not even have access to a municipal plant. If the waste-to-energy plant shuts down, SPSA subjects itself to suits from the United States Navy, Councilman DeSteph referenced SPSA borrowing funds a couple of years ago to pay out day-to-day operations, He commented then that a business could not operate this way and would be out of business. This should be about the efficient operations of the government's service provided by a State appointed agency. Richmond and Henrico Country prioritized their operations and as their rates decreased, our rates increased. Councilman DeStepJ, suggested prioritization be reviewed. Alternative solutions should be reviewed and, in the interim, the City should handle its own trash. February 3, 2009 I I'I; I'l' III I - 9 - CITYCOUNCIL BRIEFING SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) UPDATE ITEM # 58489 (Continued) Councilman Diezel advised privatization of the SPSA plant in Suffolk might be a good idea; however, if that were to collapse and Virginia Beach had the only viable disposal area, he hopes the City would not turn its cheek on the rest of the communities. Mr. Barrett advised this was exactly the point of the SCS Engineers report which outlines a methodology by which public assets, the landfill, the waste to energy plan and transfer station, could continue to be utilized by the public sector, but perhaps operated or owned by the private sector. However, Mr. Barrett does not believe SPSA would last long enough to sell its assets to the private sector, This could be a great advantage to the City of Virginia Beach, if it shares that asset at a price. SPSA is a local organization created by eight (8) members. The state has no roll in this organization. The Bondholders have the right to go to court to force the SPSA Board to set a high enough tipping fee. The Bank has the same option. Mr. Barrett does not know if the Bank would employ a Receiver or a Conservator. In his view, the eight (8) Members need to solve the problem outside the SPSAframework. Councilman Davis inquired if Virginia Resources Authority (VRA) would accept a guarantee by a percent of the tipping fee. The Southeastern Public Service Authority (SPSA) obviously has an agreement; tipping fees must be set to cover the cost, Is not there a fiduciary responsibility by the Board Members and what occurs if they violate this responsibility? Mr. Barrett advised there can be a different method of parceling out the fees either by the percentage of trash or the population which is approximately equal, However, Mr, Barrett said this question could be posed to the Virginia Resources Authority (VRA), With regard to the fiduciary responsibility, the Members are really speaking for each of the City Councils, so if the vote is on April Ninth and five (5) members vote "No" to the tip fee required to balance the budget, which allows payment of debt, this will place SPSA in unchartered territory, The Bondholders can go into Circuit Court and require SPSA to establish this fee, But, the Members might say they will not pay this fee, This is a question for Legal Counsel, Councilman Dyer advised these tipping fees will have an effect on the City's "tight" budget and the commercial community, The City Manager advised, concerning the future of the landfill, a Briefing had originally been scheduled for January 17, 2009. This was postponed because of the SPSA Board meeting and the pending vote on the SPSA 's Board on January 28, 2009. This meeting did not occur, This Briefing will now be scheduled for a March City Council Session. Mr. Barrett advised Vice Mayor Jones the $245 tipping fee was sufficient to meet the debt service and would have taken SPSA to the fiscal year June 30, 2009, and would have gotten SPSA to the point of selling their assets to the "winning" bidder. However, because of the uncertainty with the Navy, re their verifYing this sale, the Chair and Finance Director - SPSA, believe the tipping fees, since they would be over a full twelve (12) month period, could be lowered somewhere in the $150 range. Virginia Beach also has the least expensive tipping fee in the Nation. The commercial sector pays $35 (competitive market rate). Virginia Beach pays $53, Mr, Barrett has been overwhelmed by the sense of out rage on the part of Chesapeake and Portsmouth and does not think SPSA can exist long enough to sell off the assets. Mr, Barrett advised SPSA owes long term debt of $230-MILLION plus $40-MILLION (due each year) in short term debt, Approximately $40-MILLION a year is paid to service the debt. Mr. Barrett advised the value of the assets far exceed the debt, February 3,2009 I 1,1, II' "11 - 10 - CITYCOUNCIL BRIEFING SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) UPDATE ITEM # 58489 (Continued) Mavor Sessoms believes getting the debt paid down as quickly as possible is the answer, Mr. Barrett advised Virginia Resources Authority (VRA) is the largest creditor on the Bonds for the Southeastern Public Service Authority. Wachovia provides the Letters of Credit on the land fill closures as well as the Line of Credit for operations. February 3, 2009 I III I I' III I - 11 - CITY MANA GER'S BRIEFING OVERVIEW and STATUS OF PEMBROKE AREA IMPLEMENTATION PLAN ITEM # 58490 2:55 P.M. Tom Pauls, Comprehensive Planning Coordinator, advised the Pembroke Area Implementation Plan is a byproduct of the City's ADOPTED Comprehensive Plan. Twelve (12) Strategic Growth Areas were adopted in 2003, Thus far, the process has been very successful. An additional Community Input meeting re Pembroke Area Implementation Plan is scheduled for February 5, 2009, 7:00 P,M to 9:00 P,M. - Strayer University, 249 Central Park Avenue, Suite 350, At the present time, the Staff is in the process of gathering information. Burrell Saunders, AlA, Principal, CMSS Architects, advised that Strategic Growth Area (SGA) 4 is approximately 1200 to 1500 acres, a substantial amount of land. The Town Center is approximately twenty-two (22) acres STEERING COMMITTEE City Council Planning Commission Development Authority Louis Jones and Jim Wood David Redmond Boo Twohy and Alternate: Prescott Sherrod Ramsey Smith Steve Herbert Bill MacaU Gene Moore Phil Shucet Steve Davis Ron Ripley Kim Martini Linwood Branch and Alternate: Emily Spruill CBD Association City Executive City Attorney Pembroke Manor Civic League Transportation Visions Urban Residential Development Armada Hoffler Sandler Center CITY TEAM Economic Development Emergency Medical Service Fire Department Housing Management Services Media Communications Parks and Recreation Planning Cynthia Whitbred-Spanoulis John Bianco William R. "Randy" Journigan, Sr. Bill Dore Kevin Chatellier Lise Chandler White Barbara Duke Karen Lasley, Current Planning/Zoning Administrator Clay Bernick, Environmental Management Administrator Tom Pauls, Comprehensive Planning Coordinator Dr. Joel Cox, Lieutenant Rob Clark Heather Ham Heather Hartle Charles Phillips Melisa Ingram Police 3rd Precinct Public Utilities Public W orks/Engineering Public W orksnraffic Engineering Real Estate Assessors Office School Administrator February 3,2009 I 1,,1 III "I I - 12 - C IT Y MANA G E R 'S B R IE FIN G OVERVIEW and STATUS OF PEMBROKE AREA IMPLEMENTATION PLAN ITEM # 58490 (Continued) CONSULTANT TEAM MASTER URBAN PLANNER CMSS ARCHITECTS, PC Principal-in-Charge/Master Urban Planner Burrell F. Saunders, AM, NCARB Planner John H. Crouse, AM, NCARB, LEED AP Project Manager/Planner Lennie Araujo, International Associate AM Director of Landscape Architecture Paul Gareau, ASLA Architect Dave Ermini, AM Architect/LEED Specialist W. Greg Simon, AM, NCARB, LEED AP Planner/GIS Nishith Trivedi Architectural Illustrator Dave Warwick Architectural Illustrator Scott Wertz Project Manafler Carl F. Tewksbury, PE Proiect Eneineer Karen C. McPherson, PE Proiect Enflineer William A. Nash, PE PlannerlProiect Enflineer R. David Whvte, PE Planner M. Scott Minflonet, CLA, AICP Environmental Lead Kenneth A. Dierks, REM CIVIL/TRAFFIC/TRANSPORTATION KIMLEY HORN PUBLIC RELATIONS The Miles Agency Delceno Miles President MARKETING + BRANDING CMSS ARCHITECTS, PC Rachel M. Ceasar Ross Saunders T J Blanch ower February 3, 2009 I III I II "11 - 13 - C IT Y MANA G E R 'S B R IE FIN G OVERVIEW and STATUS OF PEMBROKE AREA IMPLEMENTATION PLAN ITEM # 58490 (Continued) PEMBROKE STRATEGIC GROWTH AREA 4 "The purpose of the Pembroke Area Implementation Plan is to create an exciting, innovative and shared vision for the future growth and development within the Pembroke's Strategic Growth Area by refining and advancing related policies set forth in the adopted Virginia Beach Comprehensive Plan for the Pembroke Area, " "The Pembroke Area Implementation Plan is set to guide future development to create an exciting, innovative vision for the future growth and development within the Pembroke Area, Pembroke with its central - regional location perfectly suited for a centralized business district, serving needs of the entire city and surrounding region. " Mr. Saunders displayed Maps indicating the Site Location, Map of Area and Transportation Plan encompassing the Suburban and Urban Core Layout, A "Sample Flyer" indicating the Community Input meetings was displayed. Said information is hereby made a part of the record. Where Are We Now? Project Initiation Meeting Tour Study Area Phase 1: Development Program Phase I: Part I A, District Data Assembly B. Urban Design Development Analysis BI. Stakeholder Interviews B2. Community Design Meetings C. Community Goals & Vision Statement Phase I: Part II D, Visioning & Master Plan (5 Workshops on Sub Areas) Steering Committee Presentation (Closed Session) Presentation to Meeting Participants (Open to Public) February 3, 2009 I 1,1 I'l' "11 - 14 - C IT Y MANA G E R 'S B R IE FIN G OVERVIEW and STATUS OF PEMBROKE AREA IMPLEMENTATION PLAN ITEM # 58490 (Continued) Phase II: Other Considerations A, Multi-Modal Transportation Plan B, Open Space / Trail Plan C. Green Planning Model D. Final Illustrative Masters Plans Steering Committee Presentation Phase III: Rebranding & Marketing Phase IV: Standards & Zoning Update A, Expand Existing Urban Standards & Guidelines B, Expand Existing Street Standards C. Zoning & Creation of New Mixed-Use Zoning Districts Steering Committee Presentation Presentation Planning Commission City Council Mr. Saunders advised it is hoped all phases will be completed by May, Twelve (12) principles of placemaking Identifying a Need Creating a Vision and Establish Implementation Plan Building Community Support Public / Private Partnership Create Special Zoning & Special Standards Establish Urban Street Grid Build on Flexibility Focus on Creation of Public Realm Create Mixed-Use Environment Establish Transportation & Parking Strategy Elevate & Celebrate Community Identity Create Human-Scale, Pedestrian-Friendly Areas February 3,2009 II II II' I'I I - 15 - C IT Y MANA G E R 'S B R IE FIN G OVERVIEW and STATUS OF PEMBROKE AREA IMPLEMENTATION PLAN ITEM # 58490 (Continued) Various views of the Pembroke Strategic Growth Area (SGA 4) were depicted: East; East View- Building Massing, North East, North East View and North East View - Building Massing. Next Steps As data is collected and analyzed, and to allow the Team to become familiar with the relevant issues of the area, the dynamics of the process, and understanding the various concepts already in place or consideredfor this area, the Team has: Organized - scheduled Stakeholder Interviews. The team started the process to meet individually with key stakeholders, area representatives and focus groups to learn each of their individual opinions of the issues, strengths and weaknesses of the study area and their vision for future redevelopment Tabulate - analyze public input received via the design Charrette in regard to: Perception of strength, weaknesses, opportunities and threats of the Pembroke Strategic Growth Area Identify potential conflicts and issues that may be of concern Presentation of findings Based on the process of the Charrette, the Team will use this information as the basis of a vision for different options for the Pembroke Strategic Growth Area, The Team will create a Vision and a Mission Statement of goals for the Master Plan Councilman Diezel advised in the vision, is the staff considering making these all Conditional Use applications in terms of current mixed zoning. Councilman Diezel could not think of any zoning starting at Independence West which is fully compatible with the imprint that was projected. Jack Whitney, Director - Planning Department, advised as is the case in all the Strategic Growth Areas, as part of the scope, staff will continue to look at existing zoning and try to make sure the zoning facilitates rather than impedes the vision. Many of the categories were developed many years ago and do not respond to the types of development that the City wishes to see, particularly in the redevelopment scenario, Rather than call all a Conditional Use, the zoning categories will be reviewed in each of the SGA 's , bringing forward responsible amendments to assist in achieving the vision. Councilman Dyer inquired relative any existing strategies to assure existing businesses are shown sensitivity, Mr, Whitney advised this subject came up during the Town Hall Meeting in Centerville. Staff has been working closely with Economic Development to consider methods in which the current and overall economy can be addressed, as well as the maturing of the community. Council Lady Henley advised how wonderful it is to witness the City is at this point of planning a development and Transit Corridor. The fact there will be the opportunity for the private sector to do the redevelopment for the City is impressive, February 3, 2009 I III I I III - 16 - C IT Y MANA G E R 'S B R IE FIN G OVERVIEW and STATUS OF PEMBROKE AREA IMPLEMENTATION PLAN ITEM # 58490 (Continued) The City Manager advised that particularly in Virginia the Staff is very limited in terms of powers to make something like this happen. There was a certain pattern of land economics that drove the existing development, This economic pattern will change over time, Staff is attempting to paint a picture of the community wants in cooperation with the business community. The goal is to have many winners as the economics of this area change. Staff wishes to make sure that when the existing businesses choose to redevelop or relocate the City would have a "win-win" situation. This will entail approximately thirty (30) to fifty (50) years. Mr. Pauls advised re having these APZ-l Zones in a certain kind of use appropriate to those zones. They have certain kinds of uses that might be located in some of these Strategic Growth Areas and might "marry nicely" with those, A whole series of strategies will be reviewed. There are some existing businesses which might fit nicely into this plan and others will not, but there is a need to determine how the city might work with them. Mayor Sessoms expressed appreciation for the presentation and the extraordinary talent individuals in this City Staff possesses. February 3, 2009 I III 1'1 "II - 17 - CITY COUNCIL LIAISON REPORTS 3:25 P.M. ITEM # 58491 MAYOR'S COMMISSION ON AGING Mayor Sessoms has met with the Mayor's Commission on Aging who desires a City Council Liaison. Council Lady Henley was recommended, as she has diligently worked and shown much success with the Senior Resource Center in the southern portion of the City, ITEM # 58492 TECHNOLOGY Council Members Villanueva, and Glenn Davis, Technology Liaisons, distributed their report, which is hereby made a part of the record. Library Public Network Design The Libraries Public Network was redesigned by ComlT Systems support to provide increased bandwidth for the public at the lowest possible cost. The project's objectives were to: Implement high-sped Internet connections for Public use Provide additional ability to filter web content Replace old network equipment Implementation included the replacement of old routing equipment, addition of VPN capable devices and addition of high-speed network connections Present Status The installation of equipment and implementation of high-speed network connections are complete. This project also resulted in enhancements that were not available previously, such as: Improved Internet access rates Improved user satisfaction Ability to serve more people Ability to expand Internet offerings to include wireless access February 3, 2009 I II I I "1' - 20- CITY COUNCIL COMMENTS 3:43 P.M. ITEM # 58496 The City Manager advised Acting City Attorney Bill Macali, Jack Whitney, Director - Planning, Stephen White - Planning, Karen Lasley - Zoning Administrator, have been coordinating with Clay Bernick, Administrator - Environmental Management Center, to pursue a solution re swimming pools and the Chesapeake Bay Act that would be acceptable to all. Acting City Attorney Macali advised the City is interested in satisfying the Chesapeake Bay Local Assistance Board (CBLAB), The staff did meet with Attorney Edward Bourdon who had opposed the swimming pool being designated as impervious cover, An ordinance would be developed which states swimming pools are impervious surfaces. A number of findings will be delineated which state that swimming pools may be impervious, but are not like every other kind of impervious surface. Water does not go into a swimming pool and then run down the hillside into the Chesapeake Bay or a tributary, There are differences between swimming pools and other kinds of impervious surfaces, Concerns were expressed re the mitigation standards that the Chesapeake Bay Board imposes when variances are granted for some impervious surfaces for use in the Resource Protection Area, The concern is the standards are not uniform, are difficult to predict and what could be expected in terms of mitigation. The Developer, more or less, set standards that would guide the Board in imposing the mitigation requirements, There would be a uniformity and predictability, As far as a lessening of water quality protection, staff does not believe this would be an issue. These three (3) accomplishments (1) recite the findings: i.e. swimming pools meet the definition of impervious as rainwater does not percolate into the groundwater and recharge (2) Chesapeake Bay Local Assistance Board (CBLAB) is most interested in something in the Ordinance saying that ''for purposes of calculating stormwater management requirements in the applicant's plan presented to the Chesapeake Bay Board, swimming polls would be treated as impervious surfaces" (3) guiding standards for the Board to impose a uniform set of mitigation standards. Chesapeake Bay Local Assistance Board (CBLAB) is within the Department of Conservation and Recreation and essentially the Chief Advisor to the Board. Acting City Attorney Macali has been biformed that CBLAB is favorably inclined to that kind of approach. The effective community seems to concur. Groundwater recharge is very important for water quality and that is when the Chesapeake Bay Local Assistance Board (CBLAB) was originally promulgating these regulation swimming pools were to be treated as impervious, they block the penetration of surface water into the aquifer, which is important in terms of the Chesapeake Bay, at the same time they are not providing stormwater runoff. With that knowledge, they would be treated as impervious for stormwater management calculations, The City Manager and Staff believe the administrative rather than legislative solution is the preferable one, Acting City Attorney Macali requested the proposed Ordinance be scheduled in March for the Planning Commission. In order for City Council to review, Acting City Attorney Macali requested a Resolution referring the Ordinance re swimming pools to the Planning Commission be scheduled for the City Council Session of February 24, 2009, The only issue will entail advertising this Ordinance for the Planning Commission prior to City Council's discussion on February 24, 2009, City Council would consider the Ordinance in April, There were no objections re advertising of the Ordinance. The Resolution will be scheduled for City Council on February 24, 2009, February 3, 2009 I 1,1 I II "11 - 21 - CITY COUNCIL COMMENTS 3:43 P.M. ITEM # 58497 Councilman DeSteph referenced the Angler's Ball on Saturday, January 31, 2009, a great fund raiser, raised approximately $16,000 - $20,000 for Lynnhaven River Now and the NSW Foundation, ITEM # 58498 Councilman DeSteph referenced reading at Cooke Elementary School, on Monday, February 2, 2009, Glenwood last week and afew other schools in previous weeks, Many other City Council Members were there as well. The children, teachers and principals all appreciate City Council's reading. At Cooke, one of the local authors donated a whole series of his book re Beach life, ITEM # 58499 On Saturday morning, January 31,2009, Councilman DeSteph was at Mount Trashmore assisting one of the Boy Scouts working on his Eagle Scout project, This was completed approximately thirty (30) minutes before the Steelers Rally of approximately 300 dedicated fans and some very interesting garb. Councilman DeSteph inquired if other projects at Mount Trashmore for Eagle Scouts could be devised and would assist the City, ITEM # 58500 Councilman Uhrin advised there has been interest on the part of the Mayor and City Council to celebrate Bruce Smith being inducted into the Hall of Fame. Councilman Uhrin has contacted Mr. Smith relative the City's interestfor an event in his honor, Mr. Smith is leavingfor Hawaii at the present time as he has a myriad of events in which to participate. He will determine his schedule and advise the open dates. Mayor Sessoms has contacted Councilman Villanueva to assist Councilman Uhrin. As Bruce is actually from Norfolk, but resides in Virginia Beach, the two (2) cities might wish to have ajoint event, ITEM # 58501 Councilman Villanueva advised under "Open Mike ", speakers have registered from the Birdneck Lakes Community. A Peninsula Institute for Community Health is possibly opening at the entrance to the Birdneck Lake neighborhood. City Manager James K. Spore and Susan Walston, Deputy City Manager, are gathering information re their concerns, February 3, 2009 I II I I "11 - 22- AGE N DA REV IE W S E S S ION 3:48 P.M. ITEM # 58502 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: 1. ORDINANCES/RESOLUTIONS 1. Ordinances re SPORTSPLEX: a. AUTHORIZE Lease of City property with future options for additional acreage for athletic fields at 2181 and 2257 Landstown Road to VIRGINIA BEACH FIELD HOUSE, LLC b. ACCEPT non-binding Term Sheets re Management Agreements for operation and management of the Sportsplex and United States Field Hockey National Training Center c, ACCEPT Ground Lease re construction of a retail center 2, Resolution to APPOINT William M Macali as Acting City Attorney. effective February 16. 2009, 3, Resolutions re Virginia Department of Transportation (VDOT) re Urban Maintenance: a, ACCEPT additional streets b. ACCEPT corrections/deletions re Road Inventory 4, Ordinance to ACCEPT andAPPROPRIATE $70,000from the Federal Emergency Management Agency (FEMA) for the deployment of Virginia Task Force-2 to the Fire Department re Hurricane Omar. J. PLANNING I,Applications of the CITY OF VIRGINIA BEACH: a, 2181 and 2257 Landstown Road (deferred November 25,2008) DISTRICT 7 - PRINCESS ANNE 1. Chanf!e of Zoninf! District Classification from AG-I Agricultural District to B-2 Community Business District re sports enhancement 2. Conditional Use Permit re recreational facilities Vice Mayor Sessoms will ABSTAIN due to a potential conflict re the managing contract on Item I.lb.c. (SPORTSPLEX) and Planning Item J.1.a.l) Council Lady Henley will vote NAY on Item I.la/b/c (SPORTSPLEX) and Planning Item J.1.al/2 February 3, 2009 I I'I II III I - 23 - ITEM # 58503 Mayor William D. Sessoms, Jr. entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711 (A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration oj. or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2,2-3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees City Attorney LEGAL MATTERS: Consultation with legal counsel and briefings by staff members, consultants, pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2,2-3711 (A) (7). Buddhist Education Center of America, Inc, v. City of Virginia Beach Southeastern Public Service Authority (SPSA) Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council voted to proceed into CLOSED SESSION at 3:52 P.M. February 3, 2009 I II I I I'I I - 24- ITEM # 58503 (Continued) Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None (Break: 3:54 P.M. - 4:00 P.M.) (City Attorney: 4:00 P.M. - 4:16 P.M.) (Closed Session: 4:16 P.M. - 5:15 P.M.) February 3, 2009 I III I I "I I - 25 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL February 3, 2009 6:00 P.M. Mayor William D, Sessoms, Jr, called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 3, 2009, at 6:00 P.M, Council Members Present: Glenn R. Davis, William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Reverend Richard Sherrill Chaplain, Virginia Beach Correctional Center PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial") purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge, In order to ensure his compliance with both the letter and the spirit of the State and Local Government Coriflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goudman and Company and is directly and indirectly involved in many of Goodman and Company's transactions, However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge, In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure, Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. February 3, 2009 I 11,1 I I III I - 26- Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty, Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge, In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council, Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. February 3,2009 i 11,1 I II I'I I - 27- Item V-Eo CERTIFICATION ITEM # 58504 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 1I-0 Council Members Voting Aye: Glenn R, Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr" John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None February 3,2009 I III I ~ I III I RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #58503, Page 23, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 22-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law, NOlif, THEREFORE, BE IT RESOL VED: 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. -; ~l~ ~h Hodges Fraser, MMC City Clerk February 3, 2009 I I'I II III I - 28 - Item V-F.I ITEM # 58505 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of January 27, 2009. V ot ing: 11-0 Council Members Voting Aye: Glenn R, Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor William D, Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 3. 2009 I 1,1 I I III I - 29- Item V-G.] ADD-ON ITEM # 58506 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADDED to the Agenda: Resolution to recognize City Attorney Les Lilley's three decades of service to the City of Virginia Beach and his recent appointment as Circuit Court Judge Voting: ll-O Council Members Voting Aye: Glenn R. Davis, William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor William D. Sessoms, Jr" John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 3,2009 I 11..1 I I II I - 30 - Item V-G.2. ADD-ON ITEM # 58507 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution to recognize City Attorney Les Lilley's three decades of service to the City of Virginia Beach and his recent appointment as Circuit Court Judge Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr" John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 3,2009 I'I II III I 1t~l1nluttntt WHEREAS: City Attorney Leslie L. Lilley is a life-long resident of Virginia Beach with a dedicated commitment to public service in the City of Virginia Beach; WHEREAS: Mr. Lilley's career with the City spans more than thirty years, beginning in 1972 with his employment as a City Budget Officer and followed in 1974 by two years of service as the Assistant City Manager responsible for intergovernmental relations; WHEREAS: After earning a law degree and spending time in private practice, Mr. Lilley returned to public service for a four-year period as an Assistant Commonwealth's Attorney, during which he worked as a Prosecutor in Virginia Beach's Juvenile. General District, and Circuit Courts; WHEREAS: Following his service as a Prosecutor and then several years with a private sector law finn, Mr. Lilley, in 1987, was hired as an Assistant City Attorney and he served in that capacity until 1989 when City Council appointed him as the City Attorney; WHEREAS: At the outset of his twenty-}ear tenure as City Attorney, Mr. Lilley reorganized the City Attorney's Office into five functional sections (Public Policy and Administration, Land Use, Real Estate and Infrastructure, Public Education and Litigation), thereby enabling the twenty-three assistant, associate and Deputy City Attorneys whom he supervises to develop specializations in their respective practice fields, which in turn strengthened the expertise of the office and substantially increased the City's ability to handle complex legal matters in-house, rather than hire outside counsel at a much higher hourly cost; WHEREAS: City Attorney Lilley has served as the General Counsel to a $1.7-Billion municipal corporation, He has served as the legal advisor to City Council, City administration, the School Board and its administration, the Development Authority and the City's Boards and Commissions; WHEREAS: Mr. Lilley has been instrumental in resolving the most pressing issues that our City has faced during the past two decades. including: his development of a successful strategy responding to the requirements of the Base Realignment and Closure (BRAe) Commission of 2005; negotiation of the Lake Gaston water supply contract and resolution of fifteen related cases before federal and state courts in both Virginia and North Carolina; and, spearheading the successful efforts to establish the sandy beaches along the Ocean and Bayfront as public beaches; WHEREAS: In the coming years, Mr. Lilley will continue to serve the citizens of Virginia Beach in his new capacity as a Circuit Court Judge; and, WHEREAS: For more than three decades, Mr. Lilley has served his City with honor, distinction and integrity . NOW THEREFORE, BE IT RESOL YED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby expresses its appreciation to City Attorney Leslie L. Lilley for his outstanding contributions to our City. Louis R. Jones, \l ce Mayor ~-,4./'~Y: I 11,1 I I II I - 31 - Item V-G.3. ADOPT AGENDA FOR FORMAL SESSION ITEM # 58508 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION ADDED Resolution to recognize City Attorney Les Lilley's three decades of service to the City of Virginia Beach and his recent appointment as Circuit Court Judge February 3,2009 I I" II II I - 32 - Item V-I. ORDINANCES/RESOLUTIONS ITEM # 58509 . Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items laible, 2,3a/h, and 4 of the CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Vice Mayor Sessoms ABSTAINED due to a potential conflict re the managing contract on Items 1 h.c. (SPORTSPLEX) Council Lady Henley voted NAY on Items 1a/hlc (SPORTSPLEX) February 3, 2009 I II II' "11 - 33 - Item V-L1a. ORDINANCES/RESOLUTIONS ITEM # 58510 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance re SPORTSPLEX: a. AUTHORIZE Lease of City property with future option for additional acreagefor athletic fields at 2181 and 2257 Landstown Road to VIRGINIA BEACH FIELD HOUSE, LLC Voting: 10-1 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr" John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M Henley Council Members Absent: None February 3, 2009 I III Ii III I 1 AN ORDINANCE TO AUTHORIZE THE LEASE OF 2 13.9 ACRES +/-, WITH AN OPTION TO LEASE AN 3 ADDITIONAL 23.6 ACRES +/-, AT THE 4 SPORTSPLEX, TO VIRGINIA BEACH FIELD HOUSE, 5 L.L.C. 6 7 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain 8 parcel of land located at 2181 and 2257 Landstown Road, adjacent to the 9 Sportsplex, in the City of Virginia Beach as shown on Exhibit A as the (the "Leased 10 Property"); 11 12 WHEREAS, on October 4, 2007, City Council issued its "Request for 13 Statements of Interest and Qualifications Virginia Beach Sportsplex" seeking 14 qualified applicants to enter into a public-private partnership to design, construct and 15 operate new indoor and outdoor sports facilities and associated sports service 16 facilities (the "RFI") at the Sportsplex; 17 18 WHEREAS, Princess Anne Athletic Development, LLC ("PAAD") responded 19 to the RFI, and staff and PAAD negotiated a potential development on the Leased 20 Property; 21 22 WHEREAS, Virginia Beach Field House, L.L.C., a Virginia limited liability 23 company ("VBFH"), is an entity affiliated with PAAD, and desires to lease the Leased 24 Property from the City for an initial term of twenty (20) years, with two ten (10) year 25 renewal terms at the option of VBFH; 26 27 WHEREAS, VBFH would use the Leased Property to construct and operate 28 an approximately 166,000-square-foot indoor field house (the "Field House") and 29 associated infrastructure improvements (the "Lease"); 30 31 WHEREAS, in addition to the construction of the Field House, VBFH desires 32 the City to grant VBFH an option to lease approximately 23.6 acres adjacent to the 33 Leased Property for the construction of six outdoor lighted artificial turf athletic fields 34 (the "Option Property"), as shown on Exhibit A attached hereto. VBFH's option to 35 lease the Option Property would be for a period of three years after the execution of 36 the Field House lease; and 37 38 WHEREAS, The Leased Property and the Option Property are each part of a 39 parcel leased by the City to the City of Virginia Beach Development Authority 40 ("VBDA") by a Multi-Purpose Stadium Ground Lease dated as of October 6, 1997 41 (the "VBDA Lease"). Prior to execution of the new lease and the granting of the 42 option to VBFH, the City would have to amend the terms of the VBDA Lease to 43 exclude the Leased Property and Option Property. VBDA approved such an 44 amendment of the terms of the VBDA Lease at its January 20, 2009 meeting. I I'I I I II I 45 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 46 VIRGINIA BEACH, VIRGINIA: 47 48 1. That the City Manager is hereby authorized to execute a lease of 13.9 49 acres (the "Leased Property"), as shown on Exhibit A attached hereto and made a 50 part hereof, for the construction and operation of a field house for the term of twenty 51 years with two optional ten-year renewal terms with Virginia Beach Field House, 52 L.L.C. ("VBFH"), in accordance with the Field House Ground Lease Term Sheet 53 Summary (the "Term Sheet Summary"), attached hereto as Exhibit B, which 54 summarizes the proposed Lease previously provided to City Council, and such other 55 terms and conditions deemed necessary and sufficient by the City Manager and in a 56 form deemed satisfactory by the City Attorney; 57 58 2. That the City Manager is hereby authorized to grant an option to VBFH 59 to lease an additional 23.6 acres (the "Option Property"), as shown on Exhibit A, for 60 a term concurrent with the term of the Lease, for the construction and operation of 61 six outdoor, lighted, artificial turf fields, in accordance with the aforementioned 62 proposed Lease and Term Sheet Summary, and such other terms and conditions 63 deemed necessary and sufficient by the City Manager and in a form deemed 64 satisfactory by the City Attorney; and 65 66 3. Council authorizes the amendment of the Multi-Purpose Stadium 67 Ground Lease dated as of October 6, 1997 between the City and City of Virginia 68 Beach Development Authority (the "VBDA Lease") to exclude the Leased Property 69 and the Option Property, and the City Manager is hereby authorized to execute such 70 necessary documents to evidence that amendment. 71 72 Adopted by the Council of the City of Virginia Beach, Virginia on the 1rn 73 day of Februarv , 2009. APPROVED AS TO LEGAL SUFFICIENCY AND FO~) ~ r/- ;/ ~/ ..- / /-/ ~// ..4 / /./ //. ~ ~.- . ~---/~ APPROVED AS TO CONTENT City Attorney ~~- Pa~ . CA 10778 V '\applicationslcitylawprodlcycom321 Wpdocs1D0261P004100073402. DOC R-2 January 29, 2009 I III I I II I - 34 - Item V-L1 ble. ORDINANCES/RESOLUTIONS ITEM # 58511 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance re SPORTSPLEX: b. ACCEPT non-binding Term Sheets re Management Agreements for operation and management of the Sportsplex and United States Field Hockey National Training Center c. ACCEPT Ground Lease re construction of a retail center V ot ing: 9-1 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R, Jones, John E. Uhrin, Ron A. Villanueva. Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M Henley Council Members Abstaining: Mayor William D. Sessoms, Jr, Council Members Absent: None Vice Mayor Sessoms ABSTAINED due to a potential conflict re the managing contract on Items 1 b.c. (SPORTSPLEX) February 3, 2009 I III I I II I 1 AN ORDINANCE TO APPROVE NON-BINDING TERM 2 SHEETS FOR (i) MANAGEMENT AGREEMENTS FOR THE 3 OPERATION AND MANAGEMENT OF THE SPORTSPLEX 4 AND UNITED STATES FIELD HOCKEY NATIONAL 5 TRAINING CENTER FACILITY; AND (ii) A GROUND 6 LEASE FOR THE CONSTRUCTION OF A RETAIL 7 CENTER ADJACENT TO THE SPORTSPLEX 8 9 WHEREAS, On October 4, 2007, City Council issued its Request for Statements 10 of Interest and Qualifications Virginia Beach Sportsplex seeking qualified applicants to 11 enter into a public-private partnership to design, construct and operate new indoor and 12 outdoor sports facilities and associated sports service facilities (the "RFI"). 13 14 WHEREAS, Hometown Hero's Sports, LLC ("HHS") responded to the RFI, and 15 City Council directed staff to attempt to finalize negotiations with the principals of HHS 16 for (i) the management of the existing Sportsplex and United States Field Hockey 17 National Training Center facilities, and (ii) a ground lease of property for the 18 construction of a sports-related retail center on 7.1 acres of City-owned property 19 adjacent to the Sportsplex; 20 21 WHEREAS, representatives from Hometown Sports Management, LLC, and 22 Sportsplex Commons, LLC, each affiliated entities of HHS (collectively "Developer") 23 have worked with the City Manager and City staff to develop non-binding term sheets 24 for the management and operation of the Sportsplex and United States Field Hockey 25 National Training Center Facility, each dated January 27, 2009 (collectively the 26 "Management Agreement Term Sheets"), and a Term Sheet for a ground lease for the 27 construction of a retail center adjacent to the Sportsplex, also dated January 27, 2009 28 (the "Retail Center Term Sheet", and collectively with the Management Agreement Term 29 Sheets, the "Term Sheets"); 30 31 WHEREAS, a location map showing the property to be subject to the 32 Management Agreement Term Sheets as "Management Agreement Area", and the 33 property to be leased for the Retail Center as "Retail Lease Area" is attached hereto as 34 Exhibit A: 35 36 WHEREAS, complete copies of the Term Sheets are attached to this Ordinance 37 as Exhibit B, and have been provided to Council prior to the February 3, 2009 meeting; 38 39 WHEREAS, the City Council finds the actions contemplated by the Term Sheets 40 will further the goals identified in the RFI and promote the Athletic Village at Princess 41 Anne Commons; and 42 43 WHEREAS, the City Council desires that the City Manager pursue the 44 development of documents to be negotiated in substantial conformity with the terms 45 outlined in the Term Sheets, including but not limited to management agreements and a 46 ground lease. I III I I III I 47 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 48 VIRGINIA BEACH, VIRGINIA: 49 50 1. That the City Council approves non-binding term sheets for (a) the 51 Sportsplex Management, the USFH Management Agreement (collectively, the 52 "Management Agreement Term Sheets") between the City of Virginia Beach and 53 Hometown Sports Management, LLC, (b) the Sportsplex Retail Center Ground Lease 54 (the "Retail Center Term Sheet", and collectively with the Management Agreement Term 55 Sheets, the "Term Sheets") between the City of Virginia Beach and Sportsplex 56 Commons, LLC. Copies of the Term Sheets are attached to this Ordinance as Exhibit 57 B. 58 59 2. That the City Manager and the City Attorney, on behalf of the City of 60 Virginia Beach, are hereby authorized and directed to proceed with the development of 61 such documents necessary and appropriate to implement the transactions substantially 62 as outlined in the Term Sheets, and such other terms and conditions deemed necessary 63 and sufficient by the City Manager and in a form deemed satisfactory by the City 64 Attorney; and 65 66 3. The City Manager is directed to return to City Council for approval of the 67 final documents. 68 69 Adopted by the Council of the City of Virginia Beach, Virginia, on the "3rn day 70 of February , 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: ~..~ '-- --"~. --. pa~R a 'n ~/~j ~.~ City Attorney CA-10987 V:la ppli cationslcitylawprodlcycom32lWpdocslD027lP004100002044. DOC R-1 1/29/09 2 I III I I II I --_..(. \' /'" l, )NINTERBER~~/-::::',....____~~ 'f ,r ~ I 'j,' _ANDSTOW~ch~ I I ~ . if ' .c~~~. iI :'::.:' i~ .~~_. - ..........,.. .. . L _-- t- Z w U ~~ r- Or?I\\~ WU..l'8J ~ i.J ~ ~ IillD I ~~~ il:J1D d ~ ~Z I&. 00 (Qb ~ ZWO roz Zt~~F~>_ <( 0 -I = f(Y' (j).J A. ~ ~ LL (j)W~=g~ ~~~~@Sb z 0 ~ ~ (j!iJJ 0:: W~ n.. Z V" w C) \ --~_..^~_:.._.~~ .- ~:;L..::'_:,_-~,~1:l'"::.' __~ ... - '\'fI'-': , " ~ ~".".'- ......... ;- " --::.:-~-:::-._-:. " /" __ l~ (/ .. \ .i; J \\ \\ \ \ \. \\ ,'-, ..... -..- ---. " n RO-"OWAY '"AK[ <C .... - OJ - ::I: >< W 0- m :E c: o \, "-. 'It- \.~~. " 0.y " ''8, , oj \~Zv <; ~<,j -- r<-'<; 'i~ i>~ 0~ ..j.~ '\-<:) "' co CI) ~ <C >< CI) - C. tn ~ o c. en ::0:: a:(/) w~l:i a:(/)U ::I(/)o( 5~.; u-ii5.o ::I'" al (/) w a: U <( + III .. N -- '....,/ ~I. ..... ~\~~;j -j .~- '5'" .,". uJ . '.1;: , cr ,~\~p' ". ; ~ ,Ai. . b o~' ..J . ~ > 5 . . ~~ ~~ I I I I 1 1 1 1 1>- I~ f h5 ~~ I ~ ts 1 t5 I-e rg 12: I 0:: , IWi" CfJ " ... iJI :r! 1-1 :J/ 01 CfJ! Wi 0::' :JI 1-1 :JI LL, / I I I ; I / - , " ~.~ .j. ~~~ / I III I I II I EXHIBIT B Sportsplex Manaaement Aareement Term Sheet (1/27/09) PROPERTY: OWNER: MANAGER: PURPOSE: TERM: REVENUE SHARING: IMPROVEMENTS: CAPITAL MAINTENANCE & REPAIRS: Approximately 25 acres shown as "Sportsplex Area" on Location Map, attached. The City of Virginia Beach (the "City") Hometown Sports Management, LLC ("HSM") HSM will operate and manage on behalf of the City the athletic facility known as the Sportsplex. 16 years. HSM to pay City an annual amount equal to five percent (5%) of the annual gross revenues of the Sportsplex in excess of $850,000. Any revenue generated from the sale of sponsorships or naming rights shall be included in the calculation of gross revenues. HSM shall expend approximately $1 ,000,000 for improvements to the Sportsplex, including the upgrading of the playing field to an artificial turf surface acceptable to the City. City responsible for all major capital expenditures and repairs at the Sportsplex; the necessity and timing of such repairs to be in the sole discretion of the City and subject to the appropriation of funds by City Council. Major capital expenditures to be defined as any expense with a minimum cost of $10,000 and a life expectancy in excess of 5 years. HSM to be responsible for maintenance of existing scoreboard, but City shall be responsible for replacement of scoreboard when deemed necessary by City. The City projects that $4.7 million in capital repairs will be necessary in the first ten years of the Management Agreement. Exhibit B Page 1 of 6 I III I I ORDINARY MAINTENANCE & REPAIRS: PERFORMANCE PAYMENT: TITLE TO SPORTSPLEX: PERMISSIBLE USES: PERFORMANCE STANDARDS: II I HSM responsible for all non-capital repairs and maintenance, including maintenance and replacement of all lights The City shall make an annual performance payment to HSM in an amount equal to the real estate taxes paid at Sportsplex Commons (the retail center), subject to HSM installing the improvements at the Sportsplex and the USFH (see attached term sheet), and the Sportsplex Commons being constructed and opened for business (see attached term sheet), This performance payment shall continue for ten years or for so long as the Sportsplex Commons remains open, whichever is shorter. To remain vested in City. HSM shall not encumber the Sportsplex with any liens. A list of pre-approved uses of the Sportsplex shall be agreed on by City and HSM prior to the execution of the Management Agreement. City may object to any proposed use of the Sportsplex not pre-approved. The Sportsplex shall be operated in conformity with the performance standards as set by the City of Virginia Beach Parks and Recreation Department. Exhibit B Page 2 of 6 I III 'I PROPERTY: OWNER: HSM: PURPOSE: TERM: REVENUE SHARING: III I USFH Manaaement Aareement Term Sheet (1/27/09\ Approximately 40 acres shown as "US FHA Area" on Location Map, attached. The City of Virginia Beach (the "City") Hometown Sports Management, LLC ("HSM") HSM will operate and manage on behalf of the City the United States Field Hockey National Training Center ("USFH"). 16 years. HSM to pay City an annual amount equal to five percent (5%) of the annual gross revenues of the USFH in excess of $400,000. Any revenue generated from the sale of sponsorships or naming rights shall be included in the calculation of gross revenues. IMPROVEMENTS: HSM shall expend approximately $200,000 for improvements to the USFH, including bleachers, tented semi-permanent concession areas, and two video towers. CAPITAL MAINTENANCE & REPAIRS: ORDINARY MAINTENANCE & REPAIRS: City responsible for all major capital expenditures and repairs at the USFH; the necessity and timing of such repairs to be in the sole discretion of the City and subject to the appropriation of funds by City Council. Major capital expenditures to be defined as any expense with a minimum cost of $10,000 and a life expectancy in excess of 5 years. HSM to be responsible for maintenance of existing scoreboard, but City shall be responsible for replacement of scoreboard when deemed necessary by City. The City projects that a total of $4.7 million in capital repairs will be necessary in the first ten years of the Management Agreement for the Sportsplex and USFH . HSM responsible for all non-capital repairs and maintenance, including maintenance and replacement of all lights. Exhibit B Page 3 of 6 I III I I PERFORMANCE PAYMENT: TITLE TO USFH: PERMISSIBLE USES: EXISITING AGREEMENT: PERFORMANCE STANDARDS: III I The City shall make an annual performance payment to HSM in an amount equal to the real estate taxes paid at Sportsplex Commons (the retail center), subject to (i) HSM installing the improvements at the Sportsplex (see attached term sheet) and the USFH; and (ii) the Sportsplex Commons being constructed and opened for business (see attached term sheet), This performance payment shall continue for ten years or for so long as the Sportsplex Commons remains open, whichever is shorter. This fee covers both the Sportsplex and USFH. To remain vested in City. HSM shall not encumber the USFH with any liens. A list of pre-approved uses of the USFH shall be agreed on by City and HSM prior to the execution of the Management Agreement. City may object to any proposed use of the USFH not pre- approved. The USFH shall be operated in accordance with the terms of the existing Joint Use and Cost Participation Agreement between the City and the United States Field Hockey Association, Inc. (the "USFHA Agreement"). As a part of the USFHA Agreement, United States Field Hockey Association, Inc, will be entitled to 25% of all revenue generated by the sale of naming rights through the term of that agreement. The USFH shall be operated in conformity with the performance standards as set by the City of Virginia Beach Parks and Recreation Department. Exhibit B Page 4 of 6 I III I I III I SDortsDlex Retail Center Ground Lease Term Sheet (1/27/09\ PROPERTY: 7.1 acres as shown as "Retail Center Area" on Location Map, attached. LANDLORD: The City of Virginia Beach (the "City") TENANT: Sportsplex Commons, LLC PURPOSE: The City will lease the Property to the Tenant. Tenant will be obligated to construct on the Property a retail center of between 50,000 and 100,000 square feet (the "Retail Center"). TERM: Twenty years with two options to renew for ten years each. Thus, Term could potentially be forty years. Tenant shall have the right to assign its interest in the Lease to a qualified assignee. RENT: Rent shall consist of two components: 1) Ground Rent: A one-time payment of $100 due on the day Tenant executes the Lease; and 2) Percentaqe Rent: Five percent (5%) of the annual gross revenues generated at the Retail Center in excess of an amount equal to $20 per square foot of 90% of the net leasable space of the Retail Center, (for example, if Tenant constructs 50,000 square feet with a net leasable space of 48,000 square feet, Landlord will receive 5% of gross revenues over $864,000,000 ($20 X 90% x 48,000SF) OPTIONI EFFECTIVE DATE OF LEASE: Tenant shall have a five (5) year option, beginning with the execution of the Lease, to give notice of Tenant's intention to commence construction. The Lease shall not become effective and the Tenant shall not assume control of the Property until Tenant gives Landlord this notice. However, the term of the Lease shall not exceed 40 years from the execution of the Lease (for example, if construction commences two years from execution, the term of the lease shall be for 38 years). TAXES: Tenant pays all taxes (but see Incentive Payment described in Sportsplex Management Agreement and USFHA Management Agreement Term Sheets). Exhibit B Page 5 of 6 I III I I III UTILITIES: Tenant pays for all utility services. TITLE TO RETAIL CENTER: Title of all Retail Center improvements transfer to City upon Lease termination. PERMISSIBLE USES: Only sports-related, sports medicine or sports themed food and beverage shall operate at the Retail Center. Tenant anticipates a tenant mix of 80% retail and 20% medical office if the Retail Center is 50,000 square feet, and a tenant mix of 40% retail, 10% medical office, and 50% office space under a 100,000 square foot scenario. DEFAULT RENT: In the event that Tenant defaults under either the Sportsplex Management Agreement or the USFHA Management Agreement, then Rent under the Sportsplex Retail Center Ground Lease shall equal the prevailing market rate as determined by the City. Exhibit B Page 6 of 6 i III I I III I 1 ,I i , , L -!~~ " i? _ANDSTOWN coMMoNs I ~~-~~. .: --.--r=.:.,.~ - . L~~~. i' /~ \ Jr'INTERBERRY.// \..0' . -::::::..---<;:--'"----- ... Z W U ~~ t;ju9g ~ i:J~~~I t; r-: ~ [illJ] cd ~ W" Z I&. ffi (Qb rn ~ WO~ ~ z 2 z,a (jjftj z ~C-CC~ [}= ~- "O~= >" tf) _J Do. ~ [Qb LL ~~~ffi cg ~ f. UU:i I8J fQs u Z 0 = [Qb (jjf;j 0:: 1&1 = 0.. Z~ w C .~ ~__'-_ """"-~:O4::,~= ,: ... . ... -' :\c '-r"-~' .' ~ I-- - ~ - ::c >- ....." _ z . ~-~/ ~ ,~l'~' 1J! - ';0"':-" ':S 'l'<<: x \~\),. ~ C 0.. <( ~ a: ;; ,t- ~'<I "<>~ __.' <<,'7' rI'~ <( ~'fo (f ~~ ,'l,<6 :.:: l!:Ul wf~ l!:UlU ::I1Il<( 5~~ U.()jcd ::I'" ell .,.-:::-.-:-~:::.~.-=~ ( ,"~ , I \ : \ ' \\ , \ \ \ \' \\." '..... ..........-- ~-,.,,-,.- ;. >, 1; ROADWAY T,\Kl .. t1 i o ';! ~",." ~"..._, [: i ~ t~ t,= c ~iL H ~g~ ~ " ~. ~ ...-r; ...?:; d z l I "'jl / / ! I I III I I III I EXHIBIT B Field House Ground Lease Term Sheet Summary (1/27/091 PROPERTY: LANDLORD: TENANT: PURPOSE: TERM: RENT: MAINTENANCE: TAXES: UTILITIES: INCENTIVE PAYMENT: TITLE TO FIELD HOUSE: 13.9 acres adjacent to the Sportsplex as shown as "Leased Property" on Exhibit A, attached hereto. The City of Virginia Beach (the "City") Virginia Beach Field House, L.L.C. (the "Tenant"). Tenant shall have the right to assign the Lease to a qualified assignee. The City will lease the Property to the Tenant. Tenant will be obligated to construct and operate on the Property a multi-purpose 166,000 sq. ft. field house (the "Field House") 20 years with 2 options to renew for 10 years each. Thus, Term could potentially be 40 years. Rent shall consist of two components: 1) Ground Rent: A one-time payment of $100 due on the day Tenant executes the Lease; and 2) Percentaqe Rent: An annual amount equal to five percent (5%) of the annual gross revenues of the Field House in excess of $5,500,000. The City shall have no maintenance obligations with respect to the Property. Tenant pays all taxes (but see Incentive Payment below) Tenant pays for all utility services. For the first ten (10) years of the Term, the City will pay Tenant an annual incentive payment equal to the total amount of Real Estate Taxes payable by Tenant for the Field House for the immediately preceding year. The purpose of the Incentive Payment is to offset the costs incurred by Tenant for the infrastructure improvements and the additional costs needed to construct the Field House in accordance with the Princess Anne Commons Design Guidelines. Title to Field House improvements transfer to City upon Lease termination. I III I I ill I USE RESTRICTIONS: 1 ) PAVING OF PARKING LOT: OPTION: NAMING RIGHTS: SPORTS MARKETING: Use of Field House to be limited to sports and recreation with only incidental retail (no more than 10% of Field House to be used for retail sales). 2) Tenant must not generate more than 30% of its gross revenues from the sale of food and beverage. Tenant to pave existing parking lot adjacent to Sportsplex, and make improvements to the access road as part of construction of Field House. Tenant shall have a 3 year option to lease an additional 23.6 acres shown as "Option Property" on Exhibit A, attached hereto, solely for the construction of 6 lighted outdoor artificial turf fields. Rent for the Option Parcel would consist of three components: 1) Ground Rent: $100 for the entire Term; 2) Percentaqe Rent: An annual amount equal to five percent (5%) of the annual gross revenues attributed to the Option Parcel in excess of $900,000; and 3) Participant Fee: $1 per participant at any organized tournament held on the Option Parcel (payable annually in arrears). Tenant shall have the right to sell naming rights to the Field House (with any proceeds from such sale being included for purposes of revenue sharing) during the term of the Lease without the prior consent of Landlord unless the proposed name is associated with a tobacco or alcohol product. In that case, the Landlord's prior written consent shall be required. Tenant shall reasonably cooperate with Landlord in the promotion of sports marketing for the Field House and the surrounding athletic venues. I III I I II I - 35 - Item V-I.2. ORDINANCES/RESOLUTIONS ITEM # 58512 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution to APPOINT William M Macali as Acting City Attorney, effective February 16, 2009. VOl ing: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 3, 2009 I III I I II I 1 A RESOLUTION APPOINTING WILLIAM M. MACALI AS 2 ACTING CITY ATTORNEY 3 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 6 1. That pursuant to 9 9.02 of the City Charter, William M. Macali is hereby 7 appointed as the Acting City Attorney, effective February 16, 2009. He shall serve in that 8 capacity until such time as a candidate appointed by City Council to serve as City Attorney 9 begins his or her term of office. 10 11 2. Mr. Macali's compensation shall be increased by $2000 per month for the 12 period of time that he serves as Acting City Attorney. 13 14 Adopted by the Council of the City of Virginia Beach, Virginia, on the3rd day of 15 Februarv , 2009. APPROVED AS TO LEGAL SUFFICIENCY: ;C~~ ~ City Attorney's Office CA 10984 R-2 January 28, 2009 I III I I III I - 36- Item V-L3.alb ORDINANCES/RESOL UTIONS ITEM # 58513 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolutions re Virginia Department of Transportation (VDOT) re Urban Maintenance: a. ACCEPT additional streets b, ACCEPT corrections/deletions re Road Inventory V ot ing: 11-0 (By Consent) Council Members Voting Aye: Glenn R, Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr" John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 3, 2009 I III I I III I 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO ACCEPT 3 ADDITIONAL STREETS FOR URBAN MAINTENANCE 4 PAYMENTS 5 6 7 WHEREAS, the Virginia Department of Transportation requires a City Council 8 resolution prior to accepting additional streets for urban maintenance payments; 9 10 WHEREAS, the 8.73 (Local/Collector) lane miles streets listed on Exhibit A 11 (attached) have been constructed in accordance with standards established by the 12 Virginia Department of Transportation; 13 14 WHEREAS, the City of Virginia Beach has accepted and agreed to maintain 15 these streets; and 16 17 WHEREAS, a representative from the Virginia Department of Transportation has 18 inspected and approved these streets. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That City Council hereby requests the Virginia Department of Transportation to 24 accept the streets listed on Exhibit A, attached hereto and incorporated by reference, 25 and to begin paying urban maintenance payments to the City of Virginia Beach based 26 on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the 3rd day of Februarv ,2009. Approved as to Content: Approved as to Legal Sufficiency: P~A.Dcu.~~ Public orks ~-~ Y At r ey's Office CA 10978 R-1 January 22, 2009 \ \ ~ \ UUl~~ . 'Zso5 ~()t >- l- t 0- o Z ~ (f) Z o ~(f) u.l~ ~u.l o'Z a:~ 00- (f)u.l..-\<l zo",:,'c ~ 9. Z 't '0. (f) I- <! ..- .!:: - I- ot;<'i::;O ~oo-(<)o oo<!tfAS Z ::;0 I- <!.;>~ <! lli _q~ 0 ~ a:t,(f)o ::> t;o a:z ~~ t;a: u.lo ::>u- o u.l a: r- ~ <7 <7..... 1 tA:i i<6 z ...l ~ ..- ..- o ..- ..- o ..- ..- o ..- ..- o ..- ..- o a: ~ z "6 ~ ~ o (j) u.l a: ~ Z C) (j) ~ '@ U- (j) ~ o ~ ~ ~ ~ .S \ 'C c u g, ~ .g (f) \ \ . , ~ , ~ ~ )- ~ (3 )- ~ ::i <t a.. (3 Z ::> :2 en Z o f=~ ~z wuJ o~ a::~ 00. enUl....t\1 Z ()";'c 5 Q z '1 '61 - ~ <t .... .!: ~ -1-"::> ~ '0 g~~"5 oo<tC{AaQ) Z ::> s<t:;::;-o <t UJ...Joo co ....<t~() a:: u- 0. ::> t; (3 a:::.z 2~ t;a:: UlO ::>ll- o Ul a:::. z ~ a:: Ul I- ~ o a:: u.. ,..... ~ ";" ........ :) l" ,; It Is ~ (tl .... -, ~ 8. a:: ill Z <5 Z Ul 'Z Ul o Vi ~ d Ul Z C> Vi a:: Ul Ul Z <3 Z Ul o 0. I- ?o ~ u: Vi ~ () ~ ~ ~~ ~ \ o uJ :I: () <t I- '< 0. * o <:t1- Z .',~ <t 'Z Z G()::> o '\~ f= 0 3 uJ o ~ ~ Vi a:: ...J (3 Z ::> o () . Q) "'iii o 9- ~ .S ~ c '61 c: uJ Be ~~ .g~ en a:: I II I I I III I 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO ACCEPT 3 CORRECTIONS/DELETIONS TO THE ROAD INVENTORY 4 FOR URBAN MAINTENANCE PAYMENTS 5 6 7 WHEREAS, the Virginia Department of Transportation requires a City Council 8 resolution prior to accepting corrections or deletions to the revised road inventory for 9 urban maintenance payments; 10 11 WHEREAS, City personnel have reviewed the revised road inventory prepared 12 by the Virginia Department of Transportation and have determined that some 13 inaccuracies exist; 14 15 WHEREAS, corrections to the revised road inventory have been made as shown 16 on Exhibit A (attached); resulting in a net decrease of 4.32 (Local/Collector) lane miles, 17 and 18 19 WHEREAS, a representative from the Virginia Department of Transportation has 20 inspected and approved these corrections. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That City Council hereby requests the Virginia Department of Transportation to 26 accept the corrections listed on Exhibit B, attached hereto and incorporated by 27 reference, and to begin paying urban maintenance payments to the City of Virginia 28 Beach based on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the 3rd day of February , 2009. Approved as to Content: Approved as to Legal Sufficiency: I~w~ /t,/)ruIP.Mp;iS Public W rks ~~ Ity 0 ney's Office CA 10980 R-2 January 23, 2009 u.l u.l '4. '4. 0 0 1\ ~ ~ ~ 'M ~ z <5 0 ~ 0- l- I ~ ~ u.l e 9 ~ ~ (j) e ~ ~ ii) ) (j) z Q(j) I- Ul~ ~~ ~~ 00- ~ u.l .... .~ z 0 ~ ~ .~ Q E~~5 ~I-O~(<)o ? g '2. <fA S 0> o "?' I- <!. 'is "6 i 'Mio>o cO ~ 0- (j) <5 V>9 ~z 2.~ ';j;~ u.lo ?u- d ~ ,.. l;::. i 6 z. ~ z ~ ~ I- \ OJ ~u.l ~ ~ e\ ~ <!. ~ - '- ,9- c 'u- '4. u- ,0 ~ ~i ~ \-0- o ~: Z~~ <!. "\-? Z <:::L \, ~ o "\ F e '3 z o ~ ~ (j) ~ ~ \ <} 1 ~ ~ ~ u- ~ ~ 9- ~ _l.: B ~ '7 ... \ \ -\i . 0 S .a: .... ... ,) ..... .; u.l u.l '4. 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I- I- \0 '4. ~\ [ 0- ",--, \ 0 <!. -.... \ -' ~ -\ <!. o <tj~ ~ -Lz Z ~\-a o \"'" t:: ~' % Z (j) ~ u.I (j) ~ -' 6 Z ? o 9 Ol 10 o 9:- ~ .S \ 'c , u ~~ ~ .g f/) I II' I I 'II - 37 - Item V-L4. ORDINANCES/RESOLUTIONS ITEM # 58514 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer. City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $70,000 from the Federal Emergency Management Agency (FEMA) for the deployment of Virginia Task Force-2 to the Fire Department re Hurricane Omar, Voting: J J -0 (By Consent) Council Members Voting Aye: Glenn R, Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D, Sessoms. Jr" John E. Uhrin. Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 3,2009 I I'I I I III I 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE FEMA RELATED TO 3 DEPLOYMENT OF THE VIRGINIA TASK FORCE-2 4 URBAN SEARCH AND RESCUE TEAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 (a) Funds are hereby accepted from the U.S. Department of Homeland Security, 10 Federal Emergency Management Agency for costs related to the deployment of Virginia 11 Task Force-2 (VA-TF2) Team for Hurricane Omar, in the amount of $70,000, with 12 estimated revenues increased accordingly. 13 14 (b) Appropriations to the FY 2008-09 Operating Budget of the Fire Department 15 for costs related to the deployment of V A- TF2 team for Hurricane Omar are hereby 16 increased by $70,000. Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day of February, 2009. Requires an affirmative vote by a majority of all members of the City Council. Approved as to Content: Approved as to Legal Sufficiency: ~9~ Q, (~~QQ/\] Management Services ~~~ -- Ci 0 s e - CA 10979 R-2 January 22, 2009 I III I I - 38 - Item V-J. PLANNING ITEM # 58516 1. CITY OF VIRGINIA BEACH . 'II CONDITIONAL CHANGE OF ZONING and CONDITIONAL USE PERMIT February 3, 2009 I III j I ill I - 39 - Item V-J.1.a. PLANNING ITEM # 58517 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon application of the CITY of VIRGINIA BEACH for a Conditional Change of Zoning from AG-1 Agricultural District to Conditional B-2 Community Business District re sports enhancement: ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH, CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AGRICULTURAL DISTRICT TO CONDITIONAL B-2 COMMUNITY BUSINESS DISTRICT Z02091218 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of the CITY OF VIRGINIA BEACH, Change of Zoning District Classification from AG-1 Agricultural District to Conditional B-2 Community Business District, GP IN 14848718190000 portion of, 14848799980000 portion of DISTRICT 7 - PRINCESS ANNE The following condition shall be required: 1, An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. Voting: 9-1 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R, "Bill" DeSteph, Harry E. Dieze!, Robert M Dyer, Vice Mayor Louis R. Jones, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M Henley Council Members Abstaining: Mayor William D. Sessoms, Jr, Council Members Absent: None Vice Mayor Sessoms ABSTAINED due to a potential conflict re the managing contract February 3, 2009 I III I I II I PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS CITY OF VIRGINIA BEACH, a Municipal corporation of the Commonwealth of Virginia TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a Municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this J..:;i' day of ~~Ci\tf;, ,2008, by and between THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the first part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the second part, Grantee. WITNESETH: WHEREAS, the Grantor is the owner of that certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 7.1 acres and described as follows: All that certain lot, tract or parcel of land together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "SPORTSPLEX COMMONS AREA = 7.1 ACRES" on that certain plat entitled, "EXHIBIT DRAWING OF DEVELOPMENT PLAN PARCELS OF SPORTSPLEX", dated September 22,2008, Scale 1" = 200', such plat being shown on Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); GPIN: 1484-87-1819 1484-87-9998 Prepared by: Office of the City Attorney Municipal Center, Building 1 2401 Courthouse Drive, Room 260 Virginia Beach, VA 23456-9004 1 I 11,1 I I 'II WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG-1, Agricultural, to Conditional B-2, Community Business District; WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; WHEREAS, Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or Quid pro QUO for zoning, rezoning, site plan, building permit, or 2 I 11'1 I I 'II subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. The Property when developed, shall be developed in substantial conformity with the conceptual site plan entitled "Princess Anne Athletic Development, LLC Generalized Plan of Development Virginia Beach Sportsplex" dated September 22, 2008, prepared by Landmark Design Group, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The Property when developed shall be in substantial conformity with the rendering entitled "Sportsplex Commons - Virginia Beach" dated September 22, 2008, prepared by Baskervill, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The uses on the Property shall be consistent with the concept of an "athletic village" containing facilities to accommodate the full range of sports skills instruction, sports training, sports therapy, wellness training and conditioning, and sports related retail which are predominately oriented toward those who have or might in the future avail themselves of the facilities located throughout Princess Anne Commons and the athletic village. Additional permitted uses shall be eating and drinking establishments without drive-through, outdoor cafes and outdoor plazas. No drive- through uses shall be permitted. 3 I III I I 'I I 4. Developer will work with City of Virginia Beach staff to incorporate elements of LEED certification where feasible. 5. Mechanical equipment located adjacent to any structure on the site shall be screened with an appropriate structure, fence and / or landscaping. Any mechanical equipment located on the top of any structures on the property shall be enclosed on four sides with appropriately sized parapet walls to screen equipment. 6. No separate monument sign for the retail. The retail sign shall be incorporated into the monument style sign approved by the Planning Director or his designee for the entire site. Materials to be compatible with the building exteriors on the site as well as adhere to the design guidelines for the Princess Anne Commons. 7. Building mounted signs shall be reviewed prior to building plan approval by the Planning Director or his designee. 8. All exterior dumpster areas shall be screened utilizing materials and colors that are compatible with the primary structures exterior. 9. All outdoor lighting shall be shielded to direct light and glare onto the premises. A lighting or photometric diagram plan shall be submitted with any site plan for review by City staff. The lighting plan shall include the height of poles located in the parking lots along with the location of all pole-mounted and building mounted lighting fixtures. The plan shall also list type, wattage and fixture type. Lighting shall be uniform throughout the parking area, and shall minimize reflection or glare toward properties and streets outside the site. 10. A Traffic Impact Study shall be submitted to the Grantee on or before submittal of the initial engineered site plan for review. Grantor shall make any roadway 4 I I I I I III improvements to adjacent roadways and modifications to the location or configuration of the depicted site access roads required by the Grantee pursuant to the recommendations contained in the Traffic Impact Study. 11. All buildings and structures constructed on the Property shall be designed in a manner complementary with the Princess Anne Commons Design Guidelines. 12. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of 5 I III I I II I the Property at the time or recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidence by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2- 2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority to order, in writing, that any noncompliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuan.ce of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the 6 I I I I: III I office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and Grantee. WITNESS the following signatures and seals: Grantor: City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia (SEAL) STATE OF VIRGINiA 0 CITY/COONTY ''''UU.t;6(<lt\. [;x' clef\....- , to wit: J rd ~ The foregoing instrument was acknowledged before me this 3-day of ~ rtrl"~' 2008, by, 1<.""" \:: ,,?xe, ~1lt.6L ~ ' ~ ~\ \ \ \ \ I , I r 1///// ~ ,,\\ \..OU G 11'1 Notary P bl c " ~ ....,..... '-<1).-: /// My Commission Expires: ~ 31, ;) C, J J . . j~J.~Y PUi;;./(:' % Registration No.: d- ~y.1?Ot_ ::: : <: MY ()': -= :: : COMMISSION: ::: ::: (") \ NUMBER .: ::$ ::: -:. Q. ", 234802 .: ~ ~ ~~~~...." ...:.'#'........:::- ;,;'0 ...........:(~ , ""111 ALT\1 0 \\\\\' ///111111\\\ -------------- ..nV< _~<nA~ _-----------J _ _ _ _ _ __ _ _- _ ~ ~~ ~ ~~~~~ ~!l~~"oiW!'<'''y-- - ~-;; -- - -- -- \---T-' -------- ~.." . . . ;' ....." ~ !ij :: ": \. ~ . ~ ~ ~ \ 00 ,~ "'d ' \I f;i \ :--Jx ' - \ >8 \ ~ ~ \ 00 0 I ~ '--- --j I I I ~5! i I e I ~ q ~~ ~~ .. q~:s . :sa!'! ij Iii mll:s ~ Ii i. ~'i. ~ I f ~ [; /, . ~ i> I: ~ ~ lZl I-C o ~ lZl I-C t-t ~ tj ~ o ~ z ~...,o 1-tj"11 ~ ~ (j ~ Cf.l III - iI!!&" / /,,;/,/ --- ---- ~~ >"':1 u tii NS:: p".... U\tI: ~g oo~ I , , , , \ , , , \ , , I \ \ , , , , I , , \ \ , I \ \ , \ \ ~~ \I !ij ~~ . 00 N"'d >t"" (")~ ~ 00 ~~ ~ti ~s >e ~~ 00 \ I \ , , \ \ , , I \ , , , , \ I I I , I I , I I I I I I I I , I I I I , I I , , I I I , , I I ~ tj i o I I I I I II I - 40- Item V-J.1.b. PLANNING ITEM # 58517 (Continued) Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinances upon application of the CITY of VIRGINIA BEACH for a Conditional Use Permit re recreational facilities: ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH, RE CONDITIONAL USE PERMIT FOR RECREATIONAL FACILITIES, 2181 AND 2257 LANDSTOWN ROAD R020935315 . BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of the City of Virginia Beach, re Conditional Use Permit for recreational facilities, 2181 and 2257 Landstown Road, GPIN 14848718190000 portion oj, 14848799980000. portion of and\ 1484692450000 portion of DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1, The property, when developed, shall be developed in substantial conformity with the conceptual site plan entitled "Princess Anne Athletic Development, LLC Generalized Plan of Development Virginia Beach Sportsplex" dated September 22, 2008, prepared by Landmark Design Group, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2, The property when developed shall be in substantial conformity with the rendering entitled "Virginia Beach Field House" prepared by Baskervill, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3, The developer shall work with the City of Virginia Beach staff to incorporate elements of LEED Certification where feasible, 4, The principal uses on the property shall be recreational facilities of an indoor nature and recreational facilities of an outdoor nature. 5, The existing gravel parking shall be paved. The developer shall submit a parking lot landscape plan in accordance with the design guidelines for Princess Anne Commons, incorporating large landscape islands, prior to the paving of the existing gravel parking lot or the construction of new parking. 6. No outdoor storage shall be allowed. 7. Mechanical equipment located adjacent to any structure on the site shall be screened with an appropriate structure, fence and/or landscaping. Any mechanical equipment located on the top of any structures on the property shall be enclosed on four sides with appropriately sized parapet walls to screen equipment, February 3,2009 I III I I II I - 41 - Item V-J.1.b. PLANNING ITEM # 58517 (Continued) 8, All exterior trash dumpster areas shall be screened utilizing materials and colors that are compatible with the primary structure's exterior. 9. There shall be only one monument-style sign for the entire site, approved by the Planning Director or his Designee, Exterior materials of said sign shall be compatible with the building exteriors on the site, as well as adhere to the design guidelines for Princess Anne Commons. 10. All outdoor lighting shall be shielded to direct light and glare onto the premises. A lighting or photometric diagram plan shall be submitted with any site plan for review by City Staff. The lighting plan shall include the height of poles located in the parking lots along with the location of all pole-mounted and building mounted lighting fixtures. The plan shall also list type, wattage and fixture type, Lighting shall be uniform throughout the parking area and shall minimize reflection or glare toward properties and streets outside the site, 11, A Traffic Impact Study shall be submitted to the City of Virginia Beach on or before submittal of the initial engineered site plan for review, The developer shall make any roadway improvements to adjacent roadways and modifications to the location or configuration of the depicted site access roads required by the City pursuant to the recommendations contained in the Traffic Impact Study. 12, All buildings and structures constructed on the property shall be designed in a manner complementary with the Princess Anne Commons Design Guidelines, These Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Third of February, Two Thousand Nine Voting: 10-1 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Mayor William D, Sessoms, Jr" John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M Henley Council Members Absent: None February 3, 2009 I III I I II I - 42- Item V-K1. APPOINTMENTS ITEM # 58518 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Martha McClees Unexpired thru 6/31/2012 ARTS AND HUMANITIES COMMISSION Voting: 11-0 Council Members Voting Aye: Glenn R, Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D, Sessoms, Jr" John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 3, 2009 I III I I III I - 43 - Item V-K.2. APPOINTMENTS ITEM # 58519 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Ross Vierra Unexpired 2/1/09 - 6/30/09 Plus three (3) years 7/1/09 - 6/30/12 BIKEWAYS/ TRAILS ADVISORY COMMISSION Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 3,2009 I III I I II I - 44- Item V-K.3. APPOINTMENTS ITEM # 58520 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Diane Jones - Parent Unexpired thru 12/31/10 COMMUNITY SERVICES BOARD Voting: 11-0 Council Members Voting Aye: Glenn R, Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D, Sessoms, Jr., John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 3, 2009 I III I I II I - 45 - Item V-K.4. APPOINTMENTS ITEM # 58521 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Marianne Littel Unexpired thru 12/31/2009 HISTORIC PRESERVATION COMMISSION Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 3, 2009 I I'I I I II I - 46- Item V-K.5. APPOINTMENTS ITEM # 58522 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Ronald L. Carter Unexpired thru 3/31/11 HUMAN RIGHTS COMMISSION Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R, "Bill" DeSteph. Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor William D. Sessoms, Jr" John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 3,2009 I III I I III I - 47- Item V-K.6. APPOINTMENTS ITEM # 58523 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Derek Redmond Unexpired thru 5/31/10 MINORITY BUSINESS COUNCIL Voting: 11-0 CouncU Members Voting Aye: Glenn R, Davis, WUham R. "Bm" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor WiWam D, Sessoms, Jr" John E. Uhrin, Ron A. Vmanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 3, 2009 I I'I I I III I - 48 - Item V-K.7. APPOINTMENTS ITEM # 58524 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Ruby Christian William J. Dale George E. McGovern Larry W. Shackelford - Alternate George N. Tzavaras - Alternate 3 Year Terms 3/1/09 - 2/29/12 PERSONNEL BOARD Vol ing: Il-O Council Members Voting Aye: Glenn R. Davis, William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D, Sessoms, Jr" John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 3, 2009 I I'I I I "11 - 49- Item V-K.8. APPOINTMENTS ITEM # 58525 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Robert "Bob" Thornton Unexpired thru 9/20/12 WETLANDS BOARD VOling: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 3,2009 I III I I III I - 50 - Item V-K.9.. APPOINTMENTS ITEM # 58526 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Nancy Creech 3 year term 2/1/09-12/31/12 Bryan Cuffee Unexpired thru 12/31/11 RESORT ADVISORY COMMISSION Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D, Sessoms, Jr" John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 3,2009 I I'I I I ;11 I - 51 - Item V. O. ADJOURNMENT ITEM # 58527 Mayor William D, Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:14 P.M. // / <- )~ /7~'7 I ) '- (/ . r/ l!? cJ /..-../ ---------- ----- ------------- Beverly 0. Hooks, CMC Chief Deputy City Clerk ~~ ~h Hodges Fraser, MMC City Clerk William D, Sessoms, Jr, Mayor City of Virginia Beach Virginia The Public Comment re Non Agenda Item adjourned at 7:21 P.M. February 3, 2009 I III I I ,II I - 52 - PUBLIC COMMENT Peninsula Health Care Facility Nick Psimas, 1244 Treefern Drive, Phone: 422-9221, nine-year resident of Birdneck Lake, requested the City Council seriously consider another locationfor the Peninsula Institutefor Community Health (PICH). The location at 940 General Booth Boulevard is not the best location to serve its patients who primarily reside in the Seatack area further north on Birdneck Road. PICH provides programs and services such as health education, case management, pharmacy assistance, health care for the homeless, et cetera. This location would result in increased traffic entering the Birdneck Lake neighborhood. PICH'S goal is to treat over one hundred (l00) patients a day, There is also excess parking directly behind the facility which is located inside the Birdneck Lake neighborhood. In addition, security concerns exist relative the bus stop, A better location needs to be found which would be in close proximity to its patients and that would maximize the funding awarded by the Federal Government, Teresa Mills, 949 Kela Crescent, Phone: 422-2217, twenty-one (21) year resident of Birdneck Lake, advised the Peninsula Institute for Community Health is to be located in the front of her neighborhood on General Booth Boulevard. Ms. Mills expressed concern re the site selection. There is a City Code violation of the Center opening adjacent to the neighborhood. There should be a sidewalkfrom the existing Bus Stop to the site, a direct access to andfrom Virginia Beach Boulevard to the site and a significant barrier between the property, the neighborhood, adjacent private playground and school bus stops. This facility is not located in the demographic area which it intends to serve (Seatack and Birdneck Road Corridor), The number of reported crimes was nearly seven hundred (700) in the SeatacklBurdneck Road demographic for the 2008 calendar year, Renee Bradshaw, 1088 Treefern Drive, Phone: 422-6584, President - Birdneck Lake Homes Association representative of the Civic League, as well as 22-year resident of Birdneck Lake. Ms. Bradshaw expressed appreciation to Councilman Villanueva and Susie Walston, Deputy City Manager, the Peninsula Institute for Community Health and the Sentara Health Foundation for attending the Civic League Meeting last Wednesday, Ms, Bradshaw referenced the City Manager's correspondence of August 22,2008, announcing the opening of the Community Health Center. Thisfacility will open Monday, February 9, 2009. The need is realized. Concerns were reiterated relative the adjacent neighborhood playground, school bus stops and public bus stop which does not travel the Birdneck Corridor, Patients will have to walk on the street consisting of traffic traveling 40 to 50 miles per hour. There is a ditch, guard rail and no sidewalk. Karen Jacobs read into the record correspondence of Julie Scott, 1181 Treefern Drive, President Birdneck Lake Civic League., re the opening of the Peninsula Institutefor Community Health (PICH). In section 800 of the City Zoning Ordinance, City Code Appendix A reads: "The 0-2 Office District is intended for larger scale office, institutional structures and uses in structures where public facilities are available and where coriflicts with residential neighborhoods can be avoided", Ms, Scott wished to address the parking issues and traffic flow that will potentially arise with the opening of this facility, She was aware of the need, but disagreed, with the location of the facility. Only 44 parking spaces are allotted for all five (5) offices in this business strip, Judi Godsey, 1181 Treefern Drive, Phone; 222-0302, requested the location of the Peninsula Institutefor Community Health (P ICH) be reconsidered. This facility is being placed in the Birdneck Lake neighborhood. Karen Lasley, Zoning Administrator, advised this particular location for the Peninsula Institute for Community Health (PICH) has been zoned 0-2 (Office District) since 1982. A medical office or clinic is "by right" in the 0-2 February 3,2009 I III I I III I - 53 - PUBLIC COMMENT (Continued) Councilman Dyer advised he serves on the Board of Directors of Access Partnership, the overseer of the PIC 'H movement, Within the Hampton Roads Community, there are 183,000 individuals medically underserved. The Peninsula Institute for Community Health will be open and available to the public throughout Virginia Beach. It is very difficult to find a location for a facility of this nature. Councilman Dyer has a need in his District. Susi Walston, Deputy City Manager, advised there were a number of sites investigated by the Peninsula Institute of Community Health and Ms. Walston has requested information be provided re these sites. Some of the sites did not meet the space need or had restrictions relative this type of use. This site selected is within one of four (4) census tracks that were identified as underserved or targeted areas for medical needs, The two main targeted areas are in the Birdneck Seatack area, but there were two (2) other census tracts which depicted medical need and the site where it is located is within one of those census tracts. The site selection was decided by the Peninsula Institute of Community Health, who received the Federal Grant to operate a community health center in Virginia Beach. A meeting of several departments is scheduledfor this week on questions of access i,e. HRT bus stop. The questions at the Public Meeting have been requested to be addressed by numerous departments: Police, Planning, Housing and Neighborhood Preservation and Public Works. Ms. Walston will speak to the property owner re his responsibilities in addressing some of these issues. COLD CASE TASK FORCE Bill and Charlotte Carson, 921 Queen Elizabeth Drive, Phone: 463-7479, residents of the Kings Grant Section. Mr. and Mrs. Carson requested the assignment of a Cold Case Task Force in Virginia Beach. Neighbors and members of the Virginia Beach Chapter of the Parents of Murdered Children were in attendance, Three and a half years ago, their teenage daughter, Shellie, (eighteen years old), was beaten to death just a mile from their home, The individual has not yet been apprehended. There have been 69 unsolved homicides since 1970. There is only one Cold Case Detective assigned on a part time basis to solve cold cases in Virginia Beach. Five hundred (500) residents of the Little Neck Peninsula signed petitions requesting a "Cold Case Task Force ", Said petitions are hereby made a part of the record. Stephen and Diane Powers, 5153 Langston Road, Phone: 467-5256, requested the establishment of a Cold Case Task Force, Mr. and Mrs, Powers lost their son, Jeremy, on June 29, 2008, in a violent attack at the Oceanfront by a street gang member. His case has not been solved. Ginger Dietz, 1040 Saw Pen Point, Phone: 318-6078, spoke as afriend of Charlotte and Bill Carson and all families of murder victims. In Pennsylvania she was an educator and advocate. She has worked with Police Officers, Prosecutors and others in the Criminal Justice System, including testifying as an expert witness, Ms, Dietz expressed an urgent need for a Cold Case Task Force. The majority of violent felons arerepeatolfenders. Joe and Nancy Bloise, 1 J09 Newcomb Drive, Phone: 424-1968, residents for over thirty (30) years, distributed information concerning the murder of their daughter, Lois, grandson Jonathan (7-years) and shooting of their son Morgan. Said information is hereby made a part of the record. On June 28, 2004, one of their three dogs, Tasha was shot and killed, as well as another dog, Darby, was injured. However, not fatally, The third dog, Molly, was not physically injured. Their son, Morgan, is a walking miracle with a bullet embedded only millimeters from his brain stem. Homicide believes the crime was a "hired hit ", Joe and Nancy requested the assignment of a Cold Case Task Force in Virginia Beach February 3, 2009 I III I I III I - 54 - PUBLIC COMMENT (Continued) COLD CASE TASK FORCE Brian and Linda Miller 816 Prince Charles Court, Virginia Beach residents for nineteen (19) years. Mr, and Mrs. Miller are friends of the Carson's. Fifty (50) yards from their house, the Carson's daughter, Shellie, was brutalized. These crimes need to be solved. Mr. and Mrs, Miller requested a Cold Case Task Force in Virginia Beach Elizabeth Erwin, 2630 Ocean Shore Avenue, Phone: 926-0890, friend of Bill and Charlotte Carson, requested the development of the Cold Case Task Force Bill Pope, 3300 Kensington Street, Phone: 340-4375, President - Kings Grant Community League. Mr. Pope read correspondence of Robert W. Coffey, which is hereby made a part of the record. Mr. Coffey supported the efforts of the citizen group to establish a Cold Case Task Force, Mr. Coffey cited in his correspondence the example of Portland, Oregon. Their Homicide Cold Case Unit is staffed with jive (5) investigators, a sergeant and three (3) homicide detectives and a part time FBI special agent plus an investigator from the County's District Attorney's office. This unit is supplemented by seven (7) retired Portland Police Officers. The Portland Police Department applied for a Federal grant of $300, 000 to better investigate the killings, Jeanette Richardson, 13 Marina Drive, Newport News, Phone: 369-0337, Co-Founder and Co-Leader of Parents of Murdered Children Chapter of Virginia Beach. Her son was murdered in front of her house in 2005 by a "would-be crack dealer", who shot him over "horn honking". However, this killer was charged and convicted. Ms, Richardson spoke on behalf of the Carsons. Cynthia Coston, 5730 Lenox Drive, advised her son was murdered June 23, 2006, while coming home, He was shot down twice and left for dead in the middle of the street, Ms. Coston spoke in support of the Carsons and the establishment of a Cold Case Task Force Mayor Sessoms, City Manager Spore, and Police Chief Jacocks will meet, keeping Bill and Charlotte Carson involved, responding with a plan to address this situation within a maximum of sixty (60) days, February 3, 2009 I I I I - 51 - Item V. O. ADJOURNMENT ITEM # 58527 Mayor William D, Sessoms, Jr, DECLARED the City Council Meeting ADJOURNED at 6:14 P.M. Q~___d_::~_K!!0 Beverly 0. Hooks, CMC Chief Deputy City Clerk uth Hodges Fraser, MMC City Clerk J1;~-_!- ~ William D, sessom~;C:::: Mayor City of Virginia Beach Virginia The Public Comment re Non Agenda Item adjourned at 7:21 P.M. February 3, 2009