City Council - Formal Session

CITY OF VIRGINIA BEACH “COMMUNITY FOR A LIFETIME” CITY COUNCIL MAYOR ROBERT M. "BOBBY" DYER - Mayor ROSEMARY C. WILSON - Vice Mayor District 5 MICHAEL F. BERLUCCHI - District 3 BARBARA M. HENLEY - District 2 DAVID HUTCHESON - District 1 ROBERT W. "WORTH" REMICK - District 6 DR. AMELIA N. ROSS-HAMMOND - District 4 JENNIFER ROUSE - District 10 JOASHUA F. "JOASH" SCHULMAN - District 9 CHRIS TAYLOR - District 8 SABRINA D. WOOTEN - District 7 CITY HALL BUILDING CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER – PATRICK A. DUHANEY PHONE: (757)-385-4303 CITY ATTORNEY – MARK D. STILES April 2, 2024 FAX (757) 385-5669 CITY ASSESSOR – SUE CUNNINGHAM CITY AUDITOR – LYNDON S. REMIAS EMAIL: CITYCOUNCIL@vbgov.com CITY CLERK – AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS -CONFERENCE ROOM- 12:00 PM A. YOUTH TACKLE FOOTBALL PROGRAM UPDATE Jeff Doy, Director – Great Neck Recreation Association (Requested by Council Members Remick, Rouse and Wooten) B. PARKS NEEDS ASSESSMENT 12:30 PM Michael Kirschman, Director – Parks and Recreation Tristan Cleveland – Kimley Horn Bill Mechnick, Landscape Architect – Kimley Horn II. CITY MANAGER'S BRIEFINGS A. FY 2024-25 RESOURCE MANAGEMENT PLAN (BUDGET) 1. TREASURER 1:15 PM Leigh Henderson, City Treasurer 2. REAL ESTATE ASSESSOR 1:30 PM Sue Cunningham, City Real Estate Assessor 3. CITY AUDITOR 1:45 PM Lyndon Remias, City Auditor 4. FIRE DEPARTMENT 2:00 PM Chief Kenneth Pravetz 5. POLICE DEPARTMENT 2:30 PM Chief Paul Neudigate 6. FINANCE 3:00 PM  Letitia Shelton, Director 7. COASTAL CIP 3:15 PM Dan Adams, P.E., Coastal Program and Project Manager – Public Works 8. ROADWAYS CIP 3:45 PM David Jarman, Transportation Division Manager – Public Works III. COUNCIL LIAISON REPORTS 4:15 PM IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:30 PM V. CITY COUNCIL AGENDA REVIEW 4:45 PM VI. INFORMAL SESSION -CONFERENCE ROOM- 5:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION 1. Motion to Recess to Closed Session VII. FORMAL SESSION -CITY COUNCIL CHAMBERS- 6:00 PM A. CALL TO ORDER - Mayor Robert M. "Bobby" Dyer B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION 1. Certify Closed Session G. MINUTES 1. INFORMAL and FORMAL SESSIONS March 19, 2024 2. SPECIAL FORMAL SESSION MARCH 26, 2024 H. MAYOR'S PRESENTATION 1. PROCLAMATION – HONORING DR. LAWRENCE HULTGREN 2. PARKINSON’S AWARENESS MONTH I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCE/RESOLUTIONS Ordinance to REDIRECT $10,201,200 Funds within the American Rescue Plan Act (ARPA) Grant appropriations to other projects re fully expend the grant award within the U.S. Treasury’s established guidelines (Requested by Mayor Dyer, Vice Mayor Wilson, and Council Members Berlucchi, Hutcheson, Remick, Ross-Hammond, Rouse, Schulman, and Taylor) Resolution to ADD additional members to the Short Term Rental Enforcement Task Force (Requested by Mayor Dyer, Vice Mayor Wilson and Council Members Berlucchi, Remick and Schulman) Ordinance to RATIFY amendments to the Bylaws of the Parks and Recreation Commission Resolution to AMEND the Cost Allocation Agreement between the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Virginia Beach, and the Transportation District Commission of Hampton Roads Resolutions to REQUEST the Virginia Department of Transportation (VDOT) to ACCEPT Additional Streets and CORRECTIONS/DELETIONS to the Road Inventory re Urban Maintenance Payments Ordinance to ACCEPT and APPROPRIATE $2,238,750 from the Virginia Department of Environmental Quality (DEQ) and TRANSFER $2,238,750 to the FY 2023-24 Capital Improvement Program re Project #100567 “Kemps Lake Water Quality Improvement” Ordinance to APPROPRIATE $1,208,790 from the unrestricted fund balance of the City Garage Internal Service Fund and TRANSFER $11,210 from the capital outlay accounts to the FY2023-24 City Garage Internal Service Fund Operating Budget re inflation and unexpected expenditures Ordinance to TRANSFER $13,463,246 in previously appropriated Capital Improvement Program Funds from Capital Project #100217, “Indian River Road Phase VII-A,” to Capital Projects #100529, “Elbow Road Phase 11-B,” and #100159, Elbow Road Phase II-C” re construction bid K. PLANNING 1. LYNNHAVEN MALL, LLC for a Conditional Use Permit re outdoor recreational facility at 701 Lynnhaven Parkway DISTRICT 3 RECOMMENDATION: APPROVAL L. APPOINTMENTS 90-DAY FESTIVAL TASK FORCE ADVERTISING ADVISORY COMMITTEE AUDIT COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD  MINORITY BUSINESS COUNCIL PERSONNEL BOARD VIRGINIA BEACH TOWING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT VIII. OPEN DIALOGUE ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************  7.J.a Packet Pg. 5 Attachment: L.1. Ord to REDIRECT $10,201,200 Funds within the American Rescue Plan Act (ARPA) Grant appropriations to other projects re  7.J.a Packet Pg. 6 Attachment: L.1. Ord to REDIRECT $10,201,200 Funds within the American Rescue Plan Act (ARPA) Grant appropriations to other projects re  7.J.a Packet Pg. 7 Attachment: L.1. Ord to REDIRECT $10,201,200 Funds within the American Rescue Plan Act (ARPA) Grant appropriations to other projects re  7.J.a Packet Pg. 8 Attachment: L.1. Ord to REDIRECT $10,201,200 Funds within the American Rescue Plan Act (ARPA) Grant appropriations to other projects re  7.J.a Packet Pg. 9 Attachment: L.1. Ord to REDIRECT $10,201,200 Funds within the American Rescue Plan Act (ARPA) Grant appropriations to other projects re  7.J.a Packet Pg. 10 Attachment: L.1. Ord to REDIRECT $10,201,200 Funds within the American Rescue Plan Act (ARPA) Grant appropriations to other projects re  7.J.a Packet Pg. 11 Attachment: L.1. Ord to REDIRECT $10,201,200 Funds within the American Rescue Plan Act (ARPA) Grant appropriations to other projects re  7.J.a Packet Pg. 12 Attachment: L.1. Ord to REDIRECT $10,201,200 Funds within the American Rescue Plan Act (ARPA) Grant appropriations to other projects re  7.J.a Packet Pg. 13 Attachment: L.1. Ord to REDIRECT $10,201,200 Funds within the American Rescue Plan Act (ARPA) Grant appropriations to other projects re  7.J.a Packet Pg. 14 Attachment: L.1. Ord to REDIRECT $10,201,200 Funds within the American Rescue Plan Act (ARPA) Grant appropriations to other projects re  7.J.a Packet Pg. 15 Attachment: L.1. Ord to REDIRECT $10,201,200 Funds within the American Rescue Plan Act (ARPA) Grant appropriations to other projects re  7.J.a Packet Pg. 16 Attachment: L.1. Ord to REDIRECT $10,201,200 Funds within the American Rescue Plan Act (ARPA) Grant appropriations to other projects re  7.J.a Packet Pg. 17 Attachment: L.2. Res to ADD additional members to the Short Term Rental Enforcement Task Force (Requested by Mayor Dyer, Vice Mayor  7.J.a Packet Pg. 18 Attachment: L.2. Res to ADD additional members to the Short Term Rental Enforcement Task Force (Requested by Mayor Dyer, Vice Mayor  7.J.a Packet Pg. 19 Attachment: L.3. Ord to RATIFY amendments to the Bylaws of the Parks and Recreation Commission (3801 : Ordinance to RATIFY amendments  7.J.a Packet Pg. 20 Attachment: L.3. Ord to RATIFY amendments to the Bylaws of the Parks and Recreation Commission (3801 : Ordinance to RATIFY amendments  7.J.a Packet Pg. 21 Attachment: L.3. Ord to RATIFY amendments to the Bylaws of the Parks and Recreation Commission (3801 : Ordinance to RATIFY amendments  7.J.a Packet Pg. 22 Attachment: L.3. Ord to RATIFY amendments to the Bylaws of the Parks and Recreation Commission (3801 : Ordinance to RATIFY amendments  7.J.a Packet Pg. 23 Attachment: L.3. Ord to RATIFY amendments to the Bylaws of the Parks and Recreation Commission (3801 : Ordinance to RATIFY amendments  7.J.a Packet Pg. 24 Attachment: L.4. Res to AMEND the Cost Allocation Agreement between the Cities of Chesapeake, Hampton, Newport News, Norfolk,  7.J.a Packet Pg. 25 Attachment: L.4. Res to AMEND the Cost Allocation Agreement between the Cities of Chesapeake, Hampton, Newport News, Norfolk,  7.J.a Packet Pg. 26 Attachment: L.4. Res to AMEND the Cost Allocation Agreement between the Cities of Chesapeake, Hampton, Newport News, Norfolk,  7.J.a Packet Pg. 27 Attachment: L.4. Res to AMEND the Cost Allocation Agreement between the Cities of Chesapeake, Hampton, Newport News, Norfolk,  7.J.a Packet Pg. 28 Attachment: L.4. Res to AMEND the Cost Allocation Agreement between the Cities of Chesapeake, Hampton, Newport News, Norfolk,  7.J.a Packet Pg. 29 Attachment: L.5. Res to REQUEST the Virginia Department of Transportation (VDOT) to ACCEPT Additional Streets and  7.J.a Packet Pg. 30 Attachment: L.5. Res to REQUEST the Virginia Department of Transportation (VDOT) to ACCEPT Additional Streets and  7.J.a Packet Pg. 31 Attachment: L.5. Res to REQUEST the Virginia Department of Transportation (VDOT) to ACCEPT Additional Streets and  7.J.a Packet Pg. 32 Attachment: L.5. Res to REQUEST the Virginia Department of Transportation (VDOT) to ACCEPT Additional Streets and  7.J.a Packet Pg. 33 Attachment: L.5. Res to REQUEST the Virginia Department of Transportation (VDOT) to ACCEPT Additional Streets and  7.J.a Packet Pg. 34 Attachment: L.6. Ord to ACCEPT and APPROPRIATE $2,238,750 from the Virginia Department of Environmental Quality (DEQ) and TRANSFER  7.J.a Packet Pg. 35 Attachment: L.6. Ord to ACCEPT and APPROPRIATE $2,238,750 from the Virginia Department of Environmental Quality (DEQ) and TRANSFER  7.J.a Packet Pg. 36 Attachment: L.6. Ord to ACCEPT and APPROPRIATE $2,238,750 from the Virginia Department of Environmental Quality (DEQ) and TRANSFER  7.J.a Packet Pg. 37 Attachment: L.6. Ord to ACCEPT and APPROPRIATE $2,238,750 from the Virginia Department of Environmental Quality (DEQ) and TRANSFER  7.J.a Packet Pg. 38 Attachment: L.6. Ord to ACCEPT and APPROPRIATE $2,238,750 from the Virginia Department of Environmental Quality (DEQ) and TRANSFER  7.J.a Packet Pg. 39 Attachment: L.6. Ord to ACCEPT and APPROPRIATE $2,238,750 from the Virginia Department of Environmental Quality (DEQ) and TRANSFER  7.J.a Packet Pg. 40 Attachment: L.6. Ord to ACCEPT and APPROPRIATE $2,238,750 from the Virginia Department of Environmental Quality (DEQ) and TRANSFER  7.J.a Packet Pg. 41 Attachment: L.6. Ord to ACCEPT and APPROPRIATE $2,238,750 from the Virginia Department of Environmental Quality (DEQ) and TRANSFER  7.J.a Packet Pg. 42 Attachment: L.6. Ord to ACCEPT and APPROPRIATE $2,238,750 from the Virginia Department of Environmental Quality (DEQ) and TRANSFER  7.J.a Packet Pg. 43 Attachment: L.7. Ord to APPROPRIATE $1,208,790 from the unrestricted fund balance of the City Garage Internal Service Fund and TRANSFER  7.J.a Packet Pg. 44 Attachment: L.7. Ord to APPROPRIATE $1,208,790 from the unrestricted fund balance of the City Garage Internal Service Fund and TRANSFER  7.J.a Packet Pg. 45 Attachment: L.8. Ord to TRANSFER $13,463,246 in previously appropriated Capital Improvement Program Funds from Capital Project #100217,  7.J.a Packet Pg. 46 Attachment: L.8. Ord to TRANSFER $13,463,246 in previously appropriated Capital Improvement Program Funds from Capital Project #100217,  7.J.a Packet Pg. 47 Attachment: L.8. Ord to TRANSFER $13,463,246 in previously appropriated Capital Improvement Program Funds from Capital Project #100217,  7.J.a Packet Pg. 48 Attachment: L.8. Ord to TRANSFER $13,463,246 in previously appropriated Capital Improvement Program Funds from Capital Project #100217,  7.J.a Packet Pg. 49 Attachment: L.8. Ord to TRANSFER $13,463,246 in previously appropriated Capital Improvement Program Funds from Capital Project #100217,  7.J.a Packet Pg. 50 Attachment: L.8. Ord to TRANSFER $13,463,246 in previously appropriated Capital Improvement Program Funds from Capital Project #100217,  7.J.a Packet Pg. 51 Attachment: L.8. Ord to TRANSFER $13,463,246 in previously appropriated Capital Improvement Program Funds from Capital Project #100217,  7.J.a Packet Pg. 52 Attachment: L.8. Ord to TRANSFER $13,463,246 in previously appropriated Capital Improvement Program Funds from Capital Project #100217,  7.J.a Packet Pg. 53 Attachment: L.8. Ord to TRANSFER $13,463,246 in previously appropriated Capital Improvement Program Funds from Capital Project #100217,  7.K.1 LYNNHAVEN MALL, LLC FOR A CONDITIONAL USE PERMIT RE OUTDOOR RECREATIONAL FACILITY AT 701 LYNNHAVEN PARKWAY DISTRICT 3 Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Clerk City Attorney’s Office Packet Pg. 54 Packet Pg. 55 7.K.1.a Attachment: PLA - Lynnhaven Mall, LLC (Applicant & Property Owner) Conditional Use Permit (Outdoor Recreational Facility) Address 701 Packet Pg. 56 7.K.1.a Attachment: PLA - Lynnhaven Mall, LLC (Applicant & Property Owner) Conditional Use Permit (Outdoor Recreational Facility) Address 701 Packet Pg. 57 7.K.1.a Attachment: PLA - Lynnhaven Mall, LLC (Applicant & Property Owner) Conditional Use Permit (Outdoor Recreational Facility) Address 701 Packet Pg. 58 7.K.1.a Attachment: PLA - Lynnhaven Mall, LLC (Applicant & Property Owner) Conditional Use Permit (Outdoor Recreational Facility) Address 701 Packet Pg. 59 7.K.1.a Attachment: PLA - Lynnhaven Mall, LLC (Applicant & Property Owner) Conditional Use Permit (Outdoor Recreational Facility) Address 701 Packet Pg. 60 7.K.1.a Attachment: PLA - Lynnhaven Mall, LLC (Applicant & Property Owner) Conditional Use Permit (Outdoor Recreational Facility) Address 701 Packet Pg. 61 7.K.1.a Attachment: PLA - Lynnhaven Mall, LLC (Applicant & Property Owner) Conditional Use Permit (Outdoor Recreational Facility) Address 701 Packet Pg. 62 7.K.1.a Attachment: PLA - Lynnhaven Mall, LLC (Applicant & Property Owner) Conditional Use Permit (Outdoor Recreational Facility) Address 701 Packet Pg. 63 7.K.1.a Attachment: PLA - Lynnhaven Mall, LLC (Applicant & Property Owner) Conditional Use Permit (Outdoor Recreational Facility) Address 701 Packet Pg. 64 7.K.1.a Attachment: PLA - Lynnhaven Mall, LLC (Applicant & Property Owner) Conditional Use Permit (Outdoor Recreational Facility) Address 701 Packet Pg. 65 7.K.1.a Attachment: PLA - Lynnhaven Mall, LLC (Applicant & Property Owner) Conditional Use Permit (Outdoor Recreational Facility) Address 701 Packet Pg. 66 7.K.1.a Attachment: PLA - Lynnhaven Mall, LLC (Applicant & Property Owner) Conditional Use Permit (Outdoor Recreational Facility) Address 701 Packet Pg. 67 7.K.1.a Attachment: PLA - Lynnhaven Mall, LLC (Applicant & Property Owner) Conditional Use Permit (Outdoor Recreational Facility) Address 701 Packet Pg. 68 7.K.1.a Attachment: PLA - Lynnhaven Mall, LLC (Applicant & Property Owner) Conditional Use Permit (Outdoor Recreational Facility) Address 701 Packet Pg. 69 7.K.1.a Attachment: PLA - Lynnhaven Mall, LLC (Applicant & Property Owner) Conditional Use Permit (Outdoor Recreational Facility) Address 701 Packet Pg. 70 7.K.1.a Attachment: PLA - Lynnhaven Mall, LLC (Applicant & Property Owner) Conditional Use Permit (Outdoor Recreational Facility) Address 701 Packet Pg. 71 7.K.1.a Attachment: PLA - Lynnhaven Mall, LLC (Applicant & Property Owner) Conditional Use Permit (Outdoor Recreational Facility) Address 701 Packet Pg. 72 7.K.1.a Attachment: PLA - Lynnhaven Mall, LLC (Applicant & Property Owner) Conditional Use Permit (Outdoor Recreational Facility) Address 701 Packet Pg. 73 7.K.1.a Attachment: PLA - Lynnhaven Mall, LLC (Applicant & Property Owner) Conditional Use Permit (Outdoor Recreational Facility) Address 701 Packet Pg. 74 7.K.1.a Attachment: PLA - Lynnhaven Mall, LLC (Applicant & Property Owner) Conditional Use Permit (Outdoor Recreational Facility) Address 701 Packet Pg. 75 7.K.1.a Attachment: PLA - Lynnhaven Mall, LLC (Applicant & Property Owner) Conditional Use Permit (Outdoor Recreational Facility) Address 701 Packet Pg. 76 7.K.1.a Attachment: PLA - Lynnhaven Mall, LLC (Applicant & Property Owner) Conditional Use Permit (Outdoor Recreational Facility) Address 701 Packet Pg. 77 7.K.1.a Attachment: PLA - Lynnhaven Mall, LLC (Applicant & Property Owner) Conditional Use Permit (Outdoor Recreational Facility) Address 701