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4-2-2024 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large G�N11+ Egc VICE MAYOR ROSEMARY WILSON-District 5 S¢ MICHAEL F.BERLUCCHI-District 3 BARBARA M.HENLEY-District 2 DAVID HUTCHESON-District I u 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 1 CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITYMANAGER-PATRICK A.DUHANEY VIRGINIA BEACH, VIRGIN19 23456 CITY ATTORNEY-MARK D.STILES PHONE:(757)385-4303 CHY ASSESSOR-SUE CUNNINGHAM CITY COUNCIL AGENDA FAX(757)385-5669 CITYAUDITOR-LYNDONS.REMIAS Apri12,2024 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) OPERATING AND CAPITAL IMPROVEMENT PROGRAM (CIP) 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. CITY 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 V11. FORMAL SESSION - City Council Chamber- 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 G. MINUTES 1. INFORMAL AND FORMAL SESSIONS March 19, 2024 2. SPECIAL FORMAL SESSION March 26, 2024 H. MAYOR'S PRESENTATIONS 1. PROCLAMATION—HONORING DR. LAWRENCE HULTGREN 2. PARKINSON'S AWARENESS MONTH I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES /RESOLUTIONS 1. 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) 2. 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 3. Ordinance to RATIFY amendments to the Bylaws of the Parks and Recreation Commission 4. 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 5. Resolutions to REQUEST the Virginia Department of Transportation (VDOT) to ACCEPT Additional Streets and CORRECTIONS/DELETIONS to the Road Inventory re Urban Maintenance Payments 6. 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" 7. 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 8. 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 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) OPERATING AND CAPITAL IMPROVEMENT PROGRAM(CIP) 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 111. CITY COUNCIL LIAISON REPORTS 4:15 PM IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:30 PM V. CITY COUNCIL AGENDA REVIEW 4:45 PM OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 The Agenda(including all backup documents) is available at https://clerk.virginiabeach.gov/city- council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TChelius(a-),vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https:Hvbgov.webex.com/webli nk/register/r4d2439fa6db4dd9Ob9O732e5O4f56b2e 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on April 2, 2024. VI. INFORMAL SESSION - Conference Room- 5:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION -City Council Chamber- 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 G. MINUTES 1. INFORMAL AND FORMAL SESSIONS March 19, 2024 2. SPECIAL FORMAL SESSION March 26, 2024 H. MAYOR'S PRESENTATIONS 1. PROCLAMATION -HONORING DR. LAWRENCE HULTGREN 2. PARKINSON'S AWARENESS MONTH GxN1'BE9c o c so rr o�o�q mops Vrodamatton %*enw: (Dr;Lawrence(D.Yhdtgren, a dutinguiahed professor of phlosophy who served Virginia`Wesleyan'University(TUV)for more than five decades;and 4iemar. (Earned his bachelor's degree at Grinnell College in GrinneQ Iowa,and his doctorate of philosophy from Vanderbilt'University in Nashvifie, Tennessee;and "fiiervas: In 1985(Dr.714ltgren served as a member of the BioethusAdvisory Committee at C%4((p,and %*em= In 1986(Dr.714ligren servedat the InstitutionalAni ndCair and Vse Ppearrh Committee at rEVMS and U*erws: In 1991 Or:-fuhgmn received the nationalSears-?ZgebuckToundationAuwdforTeaching ErseQence andCampus Leadership,•and "fierear. In 2000 Dr:lfultgmn setvedat the EVMS Institutiona[Wraew Board and 44A rMu.. In 2003 Or.Lawrence mce".d?he Samuel Nelson Gray Ouh'rrguishedTeacfimgAuan(-and "*emu In 2009 he was lfonored6yVWV with the TrankandjaneT Batten DutmguishedSchofarAwar�-and U*er=. In 2016 he sepwd as the NW'facultyAtfiktic ftTesentative for'VWUAthletics for more than four decades;anduw inductedinto the VWU Ath&ttc Nall of(Fame and was auwded the 'Xometown-Vero"Vohtnteer of the Year Huard from the lfampton Wpads Sports Commission f r his outstanding contributions to VWUAthfet:cs,and "fiierras• Or:Nu&gren servedas theAssistant(Dean to the dutinguishedBatten-fonts Collge at VWV between 2018 to 2021;and %4ereas: Ne Setwd as a Visiting 4Rsearcherin(philosophy and gZefigion at the University of Copenhagen in Copenhagen,Netherlands;and U*erras:• (Dr.Lawrence developed and taught in study away courses in Chamonix,Eruna;7(rystone,Colorado,and-fames, Rfas4-and %Aereas Me developed and taught philosophy and ethics courses and tm=V modules for the hones Institute for Wrpmductive Medicine at Eastern Virginia Medical School(+EVX� Sentam Neaftft, Chairn's Nospitar of the KpW s(Daughters(CHXOp Virgo;Beach City Bu6hc Schools,'Westminster-Canterbury by the Bay,Old(Dommion`University;and Uiiereas: (Dr.Lasurence Na&gren has approacfud his d-Tane,educating generations of Virginia'Wesleyan'University(VWU)graduates to become critical thinkers,people who can entertain many points of view, who are open to new egvnences, and em6nue social responsibility. 'Thilosophy teaches_you humifay and the more yvu Team,the more you appreciate how&ttfe you really kpow."Dr Nuftgmt says. Nb%fersfon,I,ftbert A(Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby Owfaim: Aprrif2, 2024 Lawrence 0. Yfultgren (Day In`irgtnia Beach, I calf upon our schools, colleges, and universities in our beloved Virginia Beach to recognize Or Lawrence (D. 9fuftgren's career and cele6rate with him alfhis achievements. In Uitness Wiero ,,I have hereunto set my hand andcaused the OffieiafSealof the City of Virginia Beach,Virginia,to be affixedthis Second(Day ofAprf�Two clhousandTwenty-(Four. :. ft6ert M. -Bobby"Oyer Mayor U 5; t i dp Or BUR NATO" Prodamation WL-reas: Parkinson's disease is a chronic,progressive duorderof the nervous system that affects movement for which there is currently no cure;and 'Whereas.• More than one minion people in the`United States are currently living with Q'arkinson's duease with an additional90,000 new cases dutgnosedeach year, and 'Whereas: Increased awareness and efforts are desperately needed to help eVedite more effective treatments, medications,and uftimateCy a cure,as welfas enhanced community support services for those impacted 6y Parkinson's duease to improve their quality of arfe;and ` Whereas. Virginia Beach recognizes the efforts of theAmerican Parkinson DiseaseAssociation Virginia Chapter to provide the support,education,and research that help everyone impacted 6y {Parkinson's disease live afe to the fullest;and %Owr= The world, the nation,and Virginia Beach o6serve Parkinson's DiseaseAwareness Month in ApriC2024. Now,26erefmt I,W*rt 9K. Bo66y"Dyer, Mayor of the City of Virginia Beach, Virginia,do hereby proclaim: Apnef 2024 Par l�inson 'sAwareness JKonth In T*6 a Oeach, I call upon allthe citizens of our city of Virginia Beach to join us in recognition of more than 60 years of indispensable service 6y theAmerican Parkinson's Disease 4ssociation. In'Witness 444iereof,I have hereunto set my hand and caused the OfftciaCSeafof the City of Virginia Beach, Virginia, to 6e affixedon this Second Day ofApriC Two ThousandandTwenty-Four. W96ert 9K. o66y"Dyer Mayor 1. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. 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) 2. 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) 3. Ordinance to RATIFY amendments to the Bylaws of the Parks and Recreation Commission 4. 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 5. Resolutions to REQUEST the Virginia Department of Transportation (VDOT) to ACCEPT Additional Streets and CORRECTIONS/DELETIONS to the Road Inventory re Urban Maintenance Payments 6. 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" 7. 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 8. 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 ^u CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Redirect Funding Within the American Rescue Plan Act (ARPA) Grant Appropriation MEETING DATE: April 2, 2024 ■ Background: The American Rescue Plan Act was signed into law on March 11, 2021. ARPA includes $350 billion for direct federal assistance to states and localities. The City received $136.4 million from the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) allocated by the Treasury. Funding received directly by the Virginia Beach City Public Schools is not included in the $136.4 million allocated to the City. Federal funding rules require obligations of grant funds to be made from March 3, 2021, through December 31, 2024, as long as the award funds are expended by December 31 , 2026. Any funds not obligated or expended for eligible uses by these timelines must be returned to the U.S. Department of Treasury, including any unobligated or unexpended funds that have been provided to subrecipients and contractors as part of the award closeout process. The City Council initially appropriated the $136.4 million allocation in November and December 2021. Since that time, Council has amended the ARPA budget four times to ensure projects are completed and funds are obligated/spent by the federal deadlines. The most recent reallocation was in February 2024, and it redirected $2.6 million from the United Way based on the organization's project spending to help with the cost of the purchase the Voter Registrar facility. On March 8, 2024, City Council received an updated report on projected unspent ARPA funding that can be redirected in the amount of $10,201,200. The projects with unspent funds are as follows: 1. Lake Management— Project#100586 ($7,000,000) This project is for dredging of City lakes. There is a probability that the dredging contractor community will not be able to accommodate the volume of work before the ARPA deadline, December 31 , 2026. This project initially received $21.3 million from ARPA. 2. Parks and Recreation Construction Yard Relocation — Project #100591 ($800,000) This project is for the replacement of the Parks and Recreation Landscape Yard. The contractors' proposals came in lower than the engineer cost estimate for this project. It is estimated that the construction portion of this project will have a total of$1 .2 million that could be redirected, but $400,000 is needed to tear down the existing facility, resulting in a net available for redirection in the amount of $800,000. Abandoned buildings are hazardous, dangerous, and are public safety risks (break-ins, vandalism, fires, illegal activities). This project's current ARPA allocation is $13.3 million. 3. Little Island Parking Lot Improvement- Project #100607 ($450,000) This project is for the improvements of the Little Island Parking Lot to expand the parking lot and add a bathhouse. The project scope was reduced from nearly 200 parking spaces down to 89, resulting in these savings. This initial ARPA allocation was $2,000,000. 4. Emergency Housing Vouchers ($1,826,200) Additional Coronavirus Aid, Relief, and Economic Security Act (CARES Act) Funding was received by the Housing Department and used for short-term rental assistance with an earlier spend-down deadline of September. Delays occurred due to low affordable vacancy rates, increasing the time it took to find eligible units to rent and landlords that were available to participate in the program. 5. Volunteer Rescue Squad Grants ($50,000) The funding was initially appropriated for use by the volunteer rescue squads for the reimbursement of pandemic related expenditures. 6. Health Care Services of Hampton Roads Inc ($75,000) The organization has not been able to provide pandemic related health expenses for costs of shelter and transportation for discharged individuals who lack access to housing. Below are ARPA-eligible projects that have been recommended to receive the $10.2 million available for redirection. These projects are ready to obligate and spend the redirected funding within the Treasury guidelines and timeframe. 1. Enhanced Stormwater Neighborhood Rehabilitation - Project #100585 ($7,000,000) This project is for rehabilitation of the stormwater infrastructure throughout the City, with emphasis on neighborhoods which have reported stormwater needs. Work includes critical rehabilitations stormwater improvements to mitigate neighborhood flooding for moderate rainfall events. This project is currently funded with ARPA funds and on target to exceed the allocated budget of $23.6 million. Transferring funds to this project from Lake Management keeps the ARPA allocation for stormwater at a combined $44,880,000. 2. Neighborhood Parks Maintenance — Project #100587 ($1,575,000) Park usage increased significantly during the pandemic, putting more strain on already declining infrastructure and amenities within the park system — some of which have exceeded their useful life. This additional allocation would bring the total amount appropriated from ARPA for this purpose to $16,775,000 as this was a project included within the original ARPA allocation. Additional parks proposed to receive funding are: • Little Island Park $450,000 • Brigadoon Park $225,000 • Centerville Park $225,000 • Great Neck Meadows Park $225,000 • Chelsea/Greenhill Park $225,000 • Hunts Point Park $225,000 3. ARPA Grants Management ($50,000) This proposed allocation would provide $50,000 to the Department of Finance to have a third-party monitor ARPA-related expenditures. This third-party would provide a comprehensive compliance review of the City's ARPA program and identify compliance gaps and risk factors, and should any such gaps or risk factors be identified, the company would work with the City to fix any identified issues. These services are eligible as a direct cost to the City's APRA grant under the Administrative Expense eligibility category. This appropriation would be a new expenditure under ARPA that has not received prior allocations from the City's $136.4 million grant. 4. The Public Health Foundation, Inc. — ($1,076,200) The Public Health Foundation, Inc, a Virginia Non-Stock Corporation, has requested a total of $3.5 million for the continuation of the public health programs/services that were initiated under the Center for Disease Control's OT2103 grant that are due to expire at the end of this year. These services will continue to address health disparities in response to the public health impacts of the pandemic. If approved, the $1.6 million would serve to enable the continuation of the Aging in Place, Health Equity, and Outreach programs for another two calendar years (Jan 2025 through Dec 2026). The Aging in Place program is a pilot program in coordination with the Fire and EMS departments through which the three departments provide wrap-around support and connections to existing services/resources in the City for older individuals who are frequent users of the 911 system. The Health Equity program brings public health resources and programs to high-risk populations in the community and has included efforts around COVID-19 prevention, World AIDS Day, mental health, and more. The Outreach program provides public health education and information for residents on a range of topics include COVID-19, the community health needs assessment, nutrition/healthy eating, and maternal child wellness. This appropriation would be a new expenditure under ARPA that has not received prior allocations from the City's $136.4 million grant. Funding for the program after the ARPA deadline would be contingent on further grants to be received by the Health Department. 5. Foodbank of Southeastern Virginia, Inc. — ($500,000) The Foodbank of Southeastern Virginia, Inc., a Virginia Non-Stock Corporation, has requested $1 million in funding from the City to support services to the residents of the City. This funding will address food insecurity. The Foodbank has represented that every dollar donated equals 6.5 times the investment, given its purchasing power and ability to solicit donated food. ■ Considerations: City's Department of Finance meets quarterly with departments and nonprofit partners to ensure that ARPA funded projects are on track to meet the December 31, 2024, commitment deadline. For the past few weeks, City directors and nonprofit partners have been further analyzing ARPA spend plans in preparation for the federal deadline. To date, a few of the project allocations have been identified as being available for redirection to other eligible initiatives. City staff will continue to monitor ARPA related expenditures and may bring forth additional transfer requests over the course of the next year to ensure all funds are appropriately obligated and spent by the federal deadlines. ■ Public Information: Normal City Council agenda process. ■ Attachments: Ordinance, CIP Detail Sheets (5), Disclosure Forms (2) Requested by Mayor Dyer, Vice Mayor Wilson, and Councilmembers Berlucchi, Hutcheson, Remick, Ross-Hammond, Rouse, Schulman, and Taylor REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, AND COUNCILMEMBERS BERLUCCHI, HUTCHESON, REMICK, ROSS-HAMMOND, ROUSE, SCHULMAN, AND TAYLOR 1 AN ORDINANCE TO REDIRECT FUNDING 2 WITHIN THE AMERICAN RESCUE PLAN ACT 3 (ARPA) GRANT APPROPRIATION 4 5 WHEREAS, the United States Treasury formula apportioned from ARPA a total of 6 $136,429,703 to the City of Virginia Beach; and 7 8 WHEREAS, the City Council appropriated the grant allocation in November and 9 December 2021 and since that time a total of$10,201,200 has been identified as available 10 for transfer to other projects in order to fully expend the grant award within the US 11 Treasury's established guidelines; 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA THAT: 15 16 The City Council desires to redirect a total of $10,201,200 of previously- 17 appropriated ARPA funding in the following manner: 18 19 1 . $7,000,000 is hereby transferred from Capital Project #100586, "Lake 20 Management-ARPA," to Capital Project #100585, "Enhanced 21 Neighborhood Rehab-ARPA." 22 23 2. $800,000 is hereby transferred from Capital Project #100591 , "Parks and 24 Recreation Yard Relocation Yard-ARPA," to Capital Project #100587, 25 "Neighborhood Parks Maintenance ARPA." 26 27 3. $450,000 is hereby transferred from Capital Project #100607, "Little Island 28 Parking Lot Improvements-ARPA," to Capital Project #100587, 29 "Neighborhood Parks Maintenance ARPA." 30 31 4. $325,000 is hereby transferred within the ARPA grant allocation from the 32 Operating Budget of the Department of Housing and Neighborhood 33 Preservation and transferred as pay-as-you-go funding to Capital Project 34 #100587, "Neighborhood Parks Maintenance ARPA." 35 36 5. $1,001,200 is hereby transferred within the ARPA grant allocation from the 37 Operating Budget of the Department of Housing and Neighborhood 38 Preservation to the Operating Budget of the Department of Public Health to 39 be provide a grant to the Public Health Foundation for the continuation of 40 Aging in Place, Health Equity, and Outreach programs. 41 42 6. $75,000 is hereby transferred within the ARPA grant allocation from the 43 Operating Budget of the Department of Human Services to the Operating 44 Budget of the Department of Public Health to be provided to The Public 45 Health Foundation, Inc. as a grant for the continuation of Aging in Place, 46 Health Equity, and Outreach programs. 47 48 7. $500,000 is hereby transferred within the ARPA grant allocation from the 49 Operating Budget of the Department of Housing and Neighborhood 50 Preservation to the Non-Departmental portion of the Operating Budget to 51 provide a $500,000 grant to the Foodbank of Southeastern Virginia, Inc., for 52 services to residents of the City of Virginia Beach. 53 54 8. $50,000 is hereby transferred within the ARPA grant allocation from the 55 Operating Budget of the Department of Emergency Medical Services to the 56 Department of Finance for a grant management assistance contract. 57 58 BE IT FURTHER ORDAINED BY THE CITY COUNCIL, THAT: 59 60 The continuation of the Aging in Place, Health Equity, and Outreach programs 61 beyond December 2026 through the Department of Public Health is contingent upon 62 future grant funding. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 12024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and anagemen S - cep i Attorney's Office CA16467 R-2 March 27, 2024 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: .Qulcc- a�� SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additionaIsheets if needed) Accounting and/or preparer of your tax return i'✓�&�•�-r �� Financial Services (include lending/banking institutions and current mortgage holders as applicable) dLegal Services dBroker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. 4. ��`� APP ICAN 'S SIGNATURE PRINT NAME DATE Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100585 itle:Enhanced Neighborhood Rehab-ARPA tatus:Approved Category:Storm Water Department:Public Works Project Type Project Location Project Type:Re ha bilitation/Re placement District: Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date I FY24 FY25 FY26 FY27 FY28 FY29 Future 23,580,000 23,580,000 1- Description "A top priority for City Council is management and planning related to the rehabilitation of the stormwater infrastructure throughout the city,with emphasis on neighborhoods which have reported stormwater needs.Work will include minor system improvements,and acquisition of necessary easements and rights-of-entry to the extent funding is available.This project will address the main purpose to prioritize rehabilitation or repair of existing neighborhood infrastructure within the framework of a comprehensive condition assessment program.Work will include critical rehabilitation stormwater improvements to mitigate neighborhood Flooding for moderate rainfall events,focusing on three areas to concentrate to return the neighborhood to the design event,typically a ten-year event.Those three areas of repair will include but not be limited to close circuit television inspection(CCTV),lining repair,and point repair. This project will extend the useful life of the city's stormwater infrastructure by systematically identifying needed rehabilitation improvements. Purpose This project will extend the useful life of the city's stormwater infrastructure by systematically identifying needed rehabilitation improvements.Without this project,neighborhood drainage systems will slide outside of the desired 25 year rehabilitation cycle and result in increasing neighborhood health and safety issues.Stormwater infrastructure improvements will be made to improve the drainage system to minimize flooding.This program will help to ensure the long-term health of the City's infrastructure and guide master planning and future investment and help with the repetitive residential,roadway,and neighborhood flooding that has been occurring with moderate to heavy rainfall. History and Current Status "This concept for this project first appeared in the FY 2018-19 CIP to help with the repetitive residential,roadway,and neighborhood flooding that has been occurring with moderate to heavy rainfall.Funding in this project will be supplementing the regular CIP project,PG 100515.Funding from the American Rescue Plan Act is designed to shorten the rehabilitation cycle,thereby returning more neighborhood back to the design 10 year event.The following neighborhoods could be completed by annual construction services:Birdneck Point,Lynnhaven Colony,Great Neck Estates,Bay Colony, Redwing,Upton Estates,Seatack,Salem Villages,Rock Creek,Redmill Farm,Foxfire,Three Oaks,Southgate,Hillcrest Farms,Birchwood Gardens, Great Neck Meadows,Pembroke Meadows,Charlestowne Lake South,Thalia Village,Thalia Manor,Courthouse Estates.Neighborhoods addressed by this project are subject to change based on field conditions.The neighborhoods identified in this paragraph are illustrative of projects that could be addressed." Operating Budget Impact Comments FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts Total FTE Project Map Schedule of Activities Project Activities From-To Amount Design 10/21-12/24 7,229,398 Construction 10/21-12/24 10,610,120 Contingencies 10/21-12/26 5,740,482 Total Budgetary Cost Estimate: 23,580,000 Means of Financing NO MAP REQUIRED Funding Subclass Amount Local Funding 23,580,000 Total Funding: 23,580,000 FY 2023-24 to FY 2028-29 322 Capital Improvement Program Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100591 itle:Parks and Recreation Yard Relocation Yard-ARPA tatus:Approved Category:Buildings and Assets Department:Public Works Project Type Project Location Project Type:Rehabilitation/Replacement District:2 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding —Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 13,251,244 13,251,244 - - Description The project will construct an approximately 12,000 square-foot building to house the Parks and Recreation,Landscape Maintenance staff.The building includes assembly areas,locker rooms,a welding shop,and warehouse and storage requirements necessary to meet the needs of this work unit.The construction yard will be located adjacent to the Parks and Recreation Landscape Services facility on Dam Neck Road. Purpose and Need The current facility is located on a former U.S.Military Nike missile site parcel.The parcel still has many of the base's former components such as missile silos,bunkers,and barracks,which were constructed in the 1940s. The existing buildings have outlived their useful life.Further,the facility needs to be expanded to meet the Parks and Recreation Department's current mission and responsibilities.The current site use is industrial;however,the yard is now surrounded by residential neighborhoods and is not a compatible use given this residential development.Therefore,movement of the facility is the best option. History and Current Status This project was first requested in the FY 2010-11 CIP as a project to relocate/consolidate both the Landscape Yard facility and the Citywide Administration facility located at the same site.Since that time,a project has been completed to relocate the Citywide Administration facility,leaving the need to relocate or replace the Landscape Yard facility. A stand alone CIP for this project has appeared on the Requested but Not Funded list for multiple years.This facility was on the original Top 13 facilities projects and remains on this list due to the poor conditions of the structures,and the need to relocate the industrial operation out of a residential area and to provide structures and facilities.The new facility will be designed to meet the current mission of this work unit.The project is funded through the American Rescue Plan Act.An additional$3,831,146 was redirected from ARPA business relief initiatives to this project on January 17,2023. Operating There is no anticipated operating budget impact. FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts Total FTE Project Map Schedule of Activities Project Activities From-To Amount Design 12/21-12/22 713,644 •~k�• Ekacntaik Furniture and Fixtures 04/23-05/25 713,644 Construction 04/23-03/25 10,967,583 Contingencies 12/21-05/25 856,373 Total Budgetary Cost Estimate: 13,251,244 j e •100591 Means of Financing Funding Subclass Amount Local Funding 13,251,244 Total Funding: 13,251,244 FY 2023-24 to FY 2028-29 123 Capital Improvement Program Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100587 itle:Neighborhood Parks Maintenance-ARPA tatus:Approved Category:Parks and Recreation Department:Parks and Recreation Project Type Project Location Project Type:Rehabilitation/Replacement District: Citywide Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date I I FY25 FY26 FY27 FY28 FY29 Future 15,200,000 15,200,000 - Description and •. The primary focus of this project addresses the City's backlog of park amenities through the replacement of sport courts;shelters,benches,trash cans, and tables;playground equipment at neighborhood parks and school sites;and ballfield,backstop,and bleacher replacements.Replacements and improvements will take place in parks Citywide.In addition,specific sub-projects will be programmed from this project for:Mt.Trashmore Park Ditch and Cap Repairs,Munden Point Park Restroom and Shelter Replacement,Bayville Farms Park Restroom U2 Replacement,Providence Park Trail Renovation, City View and Great Neck Park Parking Lot Maintenance,Redwing Park Parking Lot Repaving and Entrance Widening,Pleasure House Point Trail Water Crossing/Pedestrian Bridge,Woodstock Park Skatepark Lighting,and Green Run High School Tennis Court Replacement. Purpose This project provides funding to address the over$30 million backlog in parks deferred capital replacement that exists throughout the City.The programmed funding for this project will address nearly 40%of the overall deferred capital replacement backlog.The current backlog of declining parks and recreation infrastucture in conjunction with the pandemic has increased usage to many parks and recreation facilities adding additional wear and tear to existing amenities. Many amenities are beyond thier useful life. If additional funds were not received,park amenities may have had to been removed for use,but may not have been replaced. History and Current Status This project first appeared in the FY 2021-22 CIP and is funded through the American Rescue Plan Act(ARPA). Operating Budget FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts Total FTE Project • Schedule of Project Activities From-To Amount Design 11/21-01/24 1,000,000 Construction 01/22-08/26 14,000,000 Contingencies 01/22-08/26 200,000 Total Budgetary Cost Estimate: 15,200,000 Means • Financing NO MAP REQUIRED Funding Subclass Amount Local Funding 15,200,000 Total Funding: 15,200,000 FY 2023-24 to FY 2028-29 235 Capital Improvement Program Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100663 itle:Little Island Park Pier Repairs tatus:Approved Category:Parks and Recreation Department:Parks and Recreation Project Type Project Location Pro ect Type:Rehabilitation/Replacement istrict:2 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 1,200,000 1,200,000 Description and Scope This project funds the capital repairs needed to extend the useful life of the Little Island Pier for another 15 years and to continue normal visitor capacities and load on the structure.The emergency action repairs to address severe deterioration of railing,deck and post structures on the walkway and main pier were recommended after a condition assessment was conducted by Moffat Nichol in 2022.The original built date is unknown;however,imagery dates the pier structure prior to 1985 and rehab of the pier has been completed as recently as 2006. Purpose The existing pier has served as a highly used recreational amenity at Little Island Park.However,it resides in a very harsh coastal setting being susceptible to wind,waves,salt,etc.The condition assessment has rated the overall condition of the pier as poor and major immediate repairs must be completed to expand the life of the asset and to ultimately keep the facility open to the public.For the long-term,decisions on whether to invest in a much larger renovation project to fully rebuild and/or expand the pier,or to demolish will need to be addressed. History and Current Status This project first appeared in the FY 2023-24 CIP as an above target request and is based on a condition assessment conducted by Moffat Nichol in 2022. Operating N/A FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts Total FTE Project • Schedule of Project Activities From-To Amount r Construction 07/23-06/24 1,000,000 Contingencies 07/23-06/24 200,000 Total Budgetary Cost Estimate: 1,200,000 Means of Financing 0 100663 Funding Subclass Amount It"fill ti- '' Local Funding 1,200,000 .• Total Funding: 1,200,000 f. FY 2023-24 to FY 2028-29 233 Capital Improvement Program Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100586 itle:Lake Management-ARPA tatus:Approved Category:Storm Water Department:Public Works Project Type Project Location Project Type:Rehabilitation/Replacement istrict:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 21,300,000 21,300,000 Description This project is for the design,construction,and maintenance of City lakes to include dredging,structural repair and/or upgrade of dams and spillways, aerators,culverts,outfalls,acquisition of necessary easements,real estate acquisition,right-of-way,and rights-of-entry to the extent funding is available, and other maintenance activities as necessary to support the function of non-tidal lakes within the City. Purpose and Need Non tidal lakes provide major stormwater treatment benefits when they have adequate depth and are properly maintained.The failure of dams creates the risk of ecological and environmental damage to"Waters of the U.S.",such as the Lynnhaven River,Elizabeth River,and North Landing River,as well as adverse economic impacts and hazards to adjacent property owners to include residential flooding. The additional funding proposed under ARPA would reduce the current 95-year cycle to approximately 90 years. History and Current Status Funding in this project will supplement the regular CIP project,PG 100232,and allow for additional lakes to be addressed during the ARPA timeframe. Four bid packages would be proposed to complete the following BMP's: Bid package 1:Sabre Street Extended 1,Indian Lakes 2,Green Meadows, Lynnhaven Mall#3.Bid Package#2:Lagomar#3,Salem#1,Chandler Creek Canal,Rosemont Road Lake,Bid Package#3:Charlestown Lake South#3, Glenwood Lake#1,Lynnhaven#1 Bid Package#4.Rolling Meadows Lake#2,Chapel Lake,Turtle Lake.The BMPs and lakes addressed by this project are subject to change based on field conditions.The bid packages identified in this paragraph are illustrative of projects that could be addressed.All bid packages would be encumbered by 12/31/2024, Operating BudgetImpact FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts Total FTE Project Map Schedule of Activities Project Activities From-To Amount Design 10/24-12/24 2,181,545 Construction 10/21-12/26 14,037,007 Contingencies 10/21-12/26 5,081,448 Total Budgetary Cost Estimate: 21,300,000 Means of Financing - NO MAP REQUIRED Funding Subclass Amount Local Funding 21,300,000 Total Funding: 21,300,000 FY 2023-24 to FY 2028-29 329 Capital Improvement Program DISCLOSURE STATEMENT FORM y _ 4 The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Foodbank of Southeastern Virginia & the Eastern Shore SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES FN O L SERVICE � � PROVIDER needeaditional sheets if �-- - -—� ® Accounting and/or preparer of Forvis - Audit and Tax your tax return Return Financial Services (include Towne Bank, Bank of America, lending/banking institutions and PNC Bank, Wells Fargo Bank current mortgage holders as applicable) Legal Services ■ Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. i I understand I am responsible for updating the information provided herein if it 1�5APPANTI'OSURE prior to the Council action upon this Application. Christopher Tan - President & 3 27 Z4 CEO PRINT NAME DATE 4 y. IS- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Add Additional Members to the Short Term Rental Enforcement Task Force MEETING DATE: April 2, 2024 ■ Background: The City Council established the Short Term Rental Enforcement Task Force to review the challenges to regulatory enforcement and recommend to the City Council steps that the City could take to improve compliance as well as how the City's limited number of enforcement employees could best prioritize their enforcement efforts. The task force, which has not yet held its first meeting, currently consists of eight members. ■ Considerations: Short term rental enforcement is complex, and adding additional members to the task force would be beneficial. This resolution would increase the membership of the Task Force to ten members. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Resolution Requested by Mayor Dyer, Vice Mayor Wilson and Councilmembers Berlucchi, Remick and Schulman REQUESTED BY MAYOR DYER, VICE MAYOR WILSON AND COUNCILMEMBERS BERLUCCHI, REMICK AND SCHULMAN 1 A RESOLUTION TO ADD ADDITIONAL MEMBERS TO 2 THE SHORT TERM RENTAL ENFORCEMENT TASK 3 FORCE 4 5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 The membership of the Short Term Rental Enforcement Task Force is hereby 9 increased to ten members. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2024. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic CA16475 R-2 March 28, 2024 v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Ratify Amendments to the Bylaws of the Parks and Recreation Commission MEETING DATE: April 2, 2024 ■ Background: The Parks and Recreation Commission approved changes to its bylaws regarding membership, attendance, their annual report, and the order of business at commission meetings. Article 9 of the Commission's bylaws provides that amendments to the bylaws must be reviewed and ratified by the City Council. ■ Considerations: The attached revised bylaws include the amendments requested by the Commission as well as housekeeping edits made by Parks and Recreation staff and the City Attorney's Office to conform with the amendments to City Code § 2-3.1 regarding attendance that the City Council approved on March 5, 2024. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Ordinance and Revised Bylaws. Recommended Action: Approval Submitting Department: Parks and Recreation City Manager: /V AN ORDINANCE TO RATIFY AMENDMENTS TO THE BYLAWS OF THE PARKS AND RECREATION COMMISSION 1 WHEREAS, the Parks and Recreation Commission approved various changes to 2 its bylaws; 3 4 WHEREAS, Article 9 of the Commission's bylaws provides that amendments to 5 the bylaws must be reviewed and ratified by the City Council; and 6 7 WHEREAS, the City Council has reviewed these recommended amendments 8 and finds them to be acceptable; 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 That the City Council hereby ratifies the amendments to the bylaws of the Parks 14 and Recreation Commission, a copy of which is attached. 15 16 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 17 day of , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Department of Parks and Recreation City Attorney's Office CA16409 R-1 March 11, 2024 VIRGINIA BEACH PARKS AND RECREATION COMMISSION BY-LAWS The Virginia Beach Parks and Recreation Commission has adopted the following articles in order to facilitate its powers and duties in accordance with the provisions of the ordinances and resolutions of the City of Virginia Beach, Virginia. ARTICLE 1 That there is hereby created a Commission to be known as the Virginia Beach Parks and Recreation Commission, hereinafter referred to as the "Commission." ARTICLE 2 — Purpose of the Commission The Commission shall serve as an advisory body of the Virginia Beach City Council ("Council") for the purposes set forth in this article. The Commission shall serve as a liaison between Council, the City Manager, the Director of the Department of Parks and Recreation therewith, and the citizens of the City. The Commission shall consult with and advise the City Manager, the Director, and the Council in matters affecting open space, parks and recreation policies, programs, finances, and the acquisitions and disposal of lands and properties related to the total community and open space, parks and recreation programs, and to its long-range projected program for open space, parks and recreation. ARTICLE 3 — Membership Section 1. The Commission shall be comprised of thirteen (13) members. One (1) member shall be appointed by City Council from the residents of each of the City's ten (10) election districts, one (1) member shall be appointed from the residents of the City at large and two (2) additional members shall be high school students (i) who reside in the City and (ii) attend different high schools. Initially, a high school senior shall be appointed for a one-year term and a high school junior shall be appointed for a two-year term. Thereafter, high school juniors shall be appointed for two-year terms. , %ohn FASide iR the Gity and (ii) attend- different high 6GhGOIS. Initially, a high GGhGGI 6eRiGF shall be Section 2.--Vacancies occasioned by removal, resignation, or otherwise, shall be reported to the Council, and shall be filled in like manner as original appointments, except that the term of office is restricted to the unexpired term of office. No member shall accumulate an annual total of more than three absences for reasons other than personal illness, the illness or death of a relative, or other circumstances beyond the member's control. Absences for personal illness, the illness or death of a relative, or other circumstances beyond the member's control shall be excused by the Chairperson. The staff liaison shall notify the Chairperson after a member has two unexcused absences in a calendar year. The Chairperson shall contact the member to determine why the member is missing meetings and remind the member of the City's attendance policy. If a member accumulates more than three unexcused absences in a calendar year, or accumulates unexcused absences for more than one-fourth of the total number of meetings held during the calendar year, the staff liaison shall notify the Citv Clerk's office in writing with a copy to the Chairperson and advise the City Clerk of the name of the member of who has accumulated absences beyond those allowed by the City Code. The notification should reference the attendance policy set forth in City Code § 2-3.1 and indicate it was sent on behalf of the Chairperson. apE;e;GGG-Teed the Beach-s 2-3.1. In the event of an anticipated absence, a member shall diligently attempt to notify the Secretary of the absence prior to the meeting. Section 3. — Members may be reimbursed for travel and subsistence to professional recreation meetings, conferences, and workshops. Such reimbursement may be made in compliance with the general policies of Virginia Beach upon authorization of the City Manager. ARTICLE 4 — Officers The officers of the Commission shall be Chairperson, Vice-Chairperson, and Secretary. The officers shall be elected at the organizational meeting to serve for one year or until a successor shall be elected. ARTICLE 5 — Meetings Section 1. — Regular meetings shall be held the first Thursday of each month during the year, or at such other time of the month as may be determined by majority vote of all members of the Commission. Section 2. — Special meetings may be called by the Chairperson or upon the written request of at least three members. Section 3. — The time and place for the meetings shall be designated by the Chairperson. Section 4. — The first meeting in September of each year shall be called the organizational meeting. The purpose of this meeting shall be the election of officers, review of the inventory report, and other business that may need to come before such meetings. The PFeGeRtatieR of#fie The presentation of the annual report shall be in August of each year. The Commission shall prepare and submit an annual report of its activities, recommendations, and proposals to the City Clerk's office, who shall transmit the document to City Council. Interim reports to City Council may be provided when deemed appropriate or necessary by the Commission, City Council, or the City Manager. In compliance with City Council's Ordinance No. 94-2258, attendance records shall be kept at each meeting of the Commission with a yearly compilation to be submitted with the Commission's Annual Report to the City Council via the City Clerk's Office. Section 5. —The majority of the members present and voting at any duly constituted meeting shall have the full authority of the Commission, provided that a majority of the voting members must be present to constitute a quorum, and thus shall constitute an organizational meeting. Section 6. — All meetings are open to the public. Where allowed by the Freedom of Information Act, the Commission, by majority vote, may go into a closed meeting. Section 7. — Meetings shall be conducted in accordance with procedures prescribed in the by- laws. Section 8. — The following shall be the order of business of the Commission, but the Rules of Order may be suspended and any matters considered or postponed by action of the Commission. Order of Business: — Call to order — Roll call #geld -Minutes Housekeeping — Housekeeping — Agenda Additions — Correspondence/Public Comment — Old Business — New Business — Reports from Staff — Reports from Liaisons — Reports from Subcommittees — Report from Director — Good and Welfare — Adjournment Section 9. — The rules of procedures outlined in Robert's Rules of Order (revised), shall govern the Commission on all occasions in which they are applicable and in which they are not found inconsistent with the bylaws or special rules of the Commission. ARTICLE 6 — Duties and Responsibilities of the Commission Section 1. 1—The Commission shall make recommendations for approval by City Council. 1) The establishment of a system of supervised recreation for the City; to set apart for use as parks, playgrounds, recreation areas and structures, any lands, water areas, or buildings owned or leased to or controlled by the City and may suggest improvements of such lands or buildings and structures as may be necessary to the recreational program within funds allocated to the Department. 2) The Commission shall assist City Council and the City Manager by appointing subcommittees to study and evaluate certain matters dealing with Parks and Recreation as directed by City Council. Section 2. — The Commission shall advise Council in the acceptance of any grant, gift, bequest, or donation of any personal or real property offered or made available for recreational purposes and which is judged to be of present or possible future use for recreation, parks, or open space. Section 3. —The Commission shall interpret the recreation and park services of the Department to the community and interpret the needs and desires of the community to the Council, City Manager, and Director. Section 4. —The Commission shall determine and establish the general policies to be followed in carrying out the purposes for which the Commission was established. Section 5. — Financial Duties and Responsibilities — The Commission shall have no authority to enter into any contract or incur any obligation binding the City. 1) The Commission shall assist the Director in the development and preparation of an annual budget for the Department to be submitted to the City Manager and subsequently to City Council, at the time designated by the City Manager. 2) The Commission shall assist the Director in the development and preparation of an annual budget for capital improvements (acquisition and development) in accordance with the plan for parks and recreation for the City. Section 6. — Planning Duties and Responsibilities — The Commission shall investigate and determine the needs and interests of the community for open space, recreation facilities and programs, and recommend open space areas, recreational programs, and facilities to meet these needs and interests. ARTICLE 7 — Duties of Officers and Relationship of the Director of Parks and Recreation Section 1. — Chairperson — The Chairperson shall preside at all meetings, sign official papers, appoint committees, call special meetings when he or she deems it advisable, and perform all such duties as are usually handled by a Chairperson, except when such duties are properly delegated. The Chairperson may succeed himself or herself and shall be elected from the Commission members. Section 2. — Vice-Chairperson — The Vice-Chairperson shall perform all the duties of the Chairperson, in the absence of the Chairperson. The Vice-Chairperson shall be charged with the responsibility to see that all standing and temporary committees function as planned by the Commission. In the absence of both the Chairperson and Vice-Chairperson, the Commission shall elect a Chairperson Pro Tempore who shall perform the duties of the Chairperson. Section 3. —Secretary—The Secretary shall perform the usual duties pertaining to the office. The Secretary shall keep or cause to be kept a full and true permanent record of all meetings of the Commission. This includes regular and special meetings plus reports of standing committees and the Secretary shall be the custodian of all documents committed to his or her care. Section 4. —Director's Relationship—The Director shall have a continuing responsibility to explain the organization, responsibilities, working relationships, and program objectives of the Department of Parks and Recreation to the Commission. The Director of Parks and Recreation shall work closely with the Commission in matters of interest to the Commission, involving the operation of an efficient parks and recreation program in the City of Virginia Beach. The Director is an ex-officio member (by virtue of his/her office) and attends the Commission meetings. The Director keeps the Commission informed concerning the interests, needs, objectives, the progress of plans, and other factors related to Parks and Recreation and considered to be of importance to the Commission. ARTICLE 8 — Reports The Commission shall make full and complete reports to the Council at such times as may be requested and at such other times as the Commission may deem proper. ARTICLE 9 —Amendments These by-laws may be amended at any regular meeting of the Commission by a majority of the entire Commission, provided previous notice of the nature of any proposed amendment shall have been given at least one regular meeting before the action thereon shall be taken and upon concurrence of the City Council of the City of Virginia Beach. The Commission's by-laws, rules, and regulations governing its procedure shall not be inconsistent with the provisions of the State laws and the approved ordinances and resolutions as set forth by the Virginia Beach City Council. U �4.ry i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A 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 MEETING DATE: April 2, 2024 ■ Background: On May 4, 1999, the City Council voted to authorize the City Manager to execute the Cost Allocation Agreement ("the CAA") between the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, Virginia Beach, and the Transportation District of Hampton Roads. The CAA is the governing document of Hampton Roads Transit ("HRT") and can only be amended by the unanimous agreement of all parties involved. As part of this document, operating assistance from the federal government and from the Commonwealth of Virginia can only be allocated to each city in the HRT system based upon that city's share of the service operated by HRT in a given year. On June 16, 2020, the City Council voted to grant the City's concurrence to an amendment to the CAA for FY 2020-21. While that amendment was focused on dedicated funding, one component enabled HRT to assign federal and Commonwealth dollars based upon need rather than a pre-arraigned per-city formula. This assignment is known as strategic allocation. Since the original adoption date of the amendment to the CAA on June 16, 2020, the City Council voted to extend the "strategic allocation" amendment to the CAA on April 21, 2021, April 5, 2022, and April 4, 2023. In response to the economic hardships facing mass transit providers nationwide, the United States Congress has set aside relief funds to support transit operations during the pandemic in multiple legislative enactments. Thus, HRT has been able to use the strategic allocation power authorized by the amendment to the CAA in applying federal relief funds to offset ridership declines and cover service costs. The amendment that was extended last year will expire at the conclusion of this fiscal year. As the impacts of the pandemic are coming to an end, there will be further economic after-effects for mass transit and federal funds earmarked for HRT will remain available into next fiscal year. HRT has requested that the member cities adopt a new resolution to again supersede the traditional allocation formula and allow for strategic allocation in FY 2024-25. This action will provide financial safeguards, both in the consideration of HRT's FY 2024-25 Operating Budget and particularly throughout the year, should actual farebox collections come in lower than projections. Using federal relief funds to cover any difference will prevent the City from becoming the funder of last resort for any differential that may occur through a future true-up to the FY 2024-25 budget. There have been ongoing conversations about the future of strategic allocation strategies in the coming years to be designed as multi-year strategic plans between HRT and the participating localities allow for more stability and direction long term. ■ Considerations: This resolution must be agreed upon by every city in HRT's service area to become effective. If any city refuses to adopt the resolution, the CAA will remain as is. HRT has requested that all member cities adopt this resolution by June 30, 2024. Without the use of strategic allocation over the last four fiscal years, the City would have been responsible for additional true-up payments to HRT. Though the budgeted amount to HRT will increase by 4.89% ($434.2k) in FY 2024-25, using strategic allocation helps to ensure that there will not be a significant true-up at the end of the fiscal year. The traditional allocation model has no mechanism for service credit or to cover loss of farebox revenue. ■ Public Information: Normal City Council agenda process. ■ Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Planning and Community Development, Budget and Management Services City Manager: ^0 1 A RESOLUTION TO AMEND THE COST ALLOCATION 2 AGREEMENT BETWEEN THE CITIES OF CHESAPEAKE, 3 HAMPTON, NEWPORT NEWS, NORFOLK, 4 PORTSMOUTH, VIRGINIA BEACH, AND THE 5 TRANSPORTATION DISTRICT OF HAMPTON ROADS 6 7 WHEREAS, the Cities of Chesapeake, Hampton, Newport News, Norfolk, 8 Portsmouth and Virginia Beach (collectively, the "Participating Cites") and the 9 Transportation District Commission of Hampton Roads ("HRT") are parties to the Cost 10 Allocation Agreement, effectively dated October 1 , 1999 ("Allocation Agreement"); 11 12 WHEREAS, the Allocation Agreement, among its other provisions, defines how 13 state and federal funding received by HRT is allocated to the Participating Cities for the 14 capital and operating costs associated with acquiring, consolidating, rehabilitating, 15 operating and expanding public transportation facilities and services for the Hampton 16 Roads region; 17 18 WHEREAS, the Allocation Agreement currently requires HRT to distribute its 19 eligible federal and state funding to each Participating Cities on a pro rata basis based on 20 the annual cost to provide transit services at the level requested by each Participating 21 City; 22 23 WHEREAS, HRT may provide greater budgetary certainty to all Participating Cities 24 through strategic allocation of its eligible state and federal funding; 25 26 WHEREAS, the current Allocation Agreement does not permit HRT to strategically 27 allocate its state and federal funding amongst the Participating Cities; 28 29 WHEREAS, the Allocation Agreement may be amended, via a resolution from 30 each Participating City, to permit HRT to strategically allocate its eligible state and federal 31 funding; 32 33 WHEREAS, the City of Virginia Beach desires to temporarily modify and amend 34 the Allocation Agreement so that HRT may help mitigate adverse financial impacts to it 35 and the other Participating Cities from the date of this Resolution until June 30, 2025; 36 37 WHEREAS, HRT and other Participating Cities have represented that Article IX, 38 Allocation of Revenues, sections (D) and (E) are not deleted permanently but suspended 39 between July 1, 2024 and June 30, 2025 and Virginia Beach has relied upon this 40 representation; 41 42 WHEREAS, the City of Virginia Beach's approval of this amendment is conditioned 43 upon Article IX, Allocation of Revenues, sections (D) and (E) being suspended and 44 returning to effect on July 1, 2025; 45 46 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 47 VIRGINIA BEACH, VIRGINIA THAT: 48 49 1) Beginning July 1 , 2024 and continuing until June 30, 2025 ("Effective Period"), 50 which corresponds with HRT fiscal year 2025, HRT is authorized to strategically allocate 51 its available and eligible federal and state funding, to the City of Virginia Beach. 52 53 2) During the Effective Period, the City agrees to modify the Allocation Agreement. 54 Article IX, Allocation of Revenues, sections (D) and (E) shall be deleted and replaced as 55 follows: 56 57 Article IX. Allocation of Revenues 58 59 [* * *] 60 61 D. Federal funds received to reimburse net eligible operating expenses will be 62 strategically allocated to each Participating City. Eligible federal funds, in 63 combination with eligible state funds, will be allocated on an annual basis, in such 64 combinations and amounts to be determined by the Commission. Subject to the 65 requirements of Article X, and in the event eligible federal funds are available, such 66 funds will be allocated to the Participating Cities to offset any deficiencies between 67 the estimated Local Share in each Participating City TSP and the actual Local 68 Share determined by the Commission at the end of each of the fiscal year. 69 70 E. State funds received to reimburse net eligible operating expenses will be 71 strategically allocated to each Participating City. Eligible state funds, in 72 combination with eligible federal funds, will be allocated on an annual basis, in 73 such combinations and amounts to be determined by the Commission. Subject to 74 the requirements of Article X, and in the event eligible state funds are available, 75 such funds will be allocated to the Participating Cities to offset any deficiencies 76 between the estimated Local Share in each Participating City TSP and the actual 77 Local Share determined by the Commission at the end of the fiscal year. 78 79 3) During the Effective Period, the City agrees to modify Article X, Calculation of Local 80 Share Operating Costs, of the Cost Allocation Agreement and add Section (C) as follows: 81 82 Article X. Calculation of Local Share of Operating Costs 83 84 [* * *] 85 86 C. The fiscal year of the Commission shall begin on July 1 and conclude on June 87 30. In the event the actual total local share of Local Funds is less than the budgeted 88 total local share of Local Funds for a Participating City, after the Commission has 89 strategically allocated federal and state funds in FY2025 ("Surplus"), then such 90 Surplus shall be refunded in full by the Commission to that Participating City on or 91 before August 1 , 2026. 92 93 In the event the actual total local share of Local Funds, exceeds the budgeted total 94 local share of Local Funds for a Participating City, after the Commission has 95 strategically allocated federal and state funds in FY2025 ("Deficit"), then such 96 Deficit shall be paid in full by the Participating City to the Commission on or before 97 August 1, 2026. 98 99 Except for the obligation for the Commission to pay any Surplus to the City of 100 Virginia Beach or the City to pay any Deficit to the Commission for FY2025, 101 all amendments to the Allocation Agreement contemplated by this Resolution shall 102 automatically terminate on July 1, 2025, be deleted from the Allocation Agreement 103 and of no further effect without the need of further action by any party to the 104 Allocation Agreement. 105 106 4) That this Resolution shall be in effect from and after the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: �J Budget and Management Services t orney's Office CA16466 R-1 March 20, 2024 E7cL �, - Y OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) A Resolution Requesting the Virginia Department of Transportation to Accept Additional Streets for Urban Maintenance Payments, (2) A Resolution Requesting the Virginia Department of Transportation to Accept Corrections to the Road Inventory for Urban Maintenance Payments MEETING DATE: April 2, 2024 ■ Background: The Virginia Department of Transportation ("VDOT") maintenance funding is conditioned upon City Council submitting to VDOT resolutions for all new streets and for all corrections/deletions to the City's road inventory. VDOT provided the City with a letter, dated July 1, 2023, which stated the FY24 reimbursement rates. The rates are as follows: local/collector streets will be reimbursed at $16,625.86 per lane mile, and arterial streets will be reimbursed at$28,317.05 per lane mile. ■ Considerations: The first resolution requests the addition of new streets not currently in the inventory in the amount of 2.41 lane miles which will be eligible for urban maintenance funds beginning July 1, 2024. All 2.41 lane miles are classified as local/collector streets. Based on the present VDOT reimbursement rates indicated above, the City will receive $40,068.32 per year for these added lane miles. The second resolution requests changes to the current VDOT maintenance funding inventory due to duplications or updated lane mile data. There are 0.72 lane miles of local/collector streets and 0.56 lane miles of arterial streets to be deleted from the inventory. There are corrections in the amount of 0.40 lane miles of local/collector streets and 0.36 lane miles of arterials streets to be added back to the inventory, for a net decrease of 0.32 lane miles-of local/collector streets and 0.20 lane miles of arterials. Based on the present VDOT reimbursement rates indicated above, the City reimbursement will be decreased by$10,983.69 per year for these changes. The total net increase in urban maintenance lane miles from the addition of new streets and the corrections will result in a funding increase of$29,084.63 from VDOT. ■ Public Information: Normal City Council agenda process. ■ Recommendations: Approval ■ Attachments: Resolutions (2), Exhibit A("New Streets'), Exhibit B ("Changes") Recommended Action: Approval Submitting Department/Agency-"Fublic Works City Manager:(AV I A RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT 2 OF TRANSPORTATION TO ACCEPT ADDITIONAL STREETS 3 FOR URBAN MAINTENANCE PAYMENTS 4 5 WHEREAS, the Virginia Department of Transportation requires a City Council 6 resolution prior to accepting additional streets for urban maintenance payments; and 7 8 WHEREAS, the 2.41 (Local/Collector) lane miles of streets listed on Exhibit A 9 (attached) have been constructed in accordance with standards established by the 10 Virginia Department of Transportation; and 11 12 WHEREAS, the City of Virginia Beach has accepted and agreed to maintain these 13 streets; and 14 15 WHEREAS, a representative from the Virginia Department of Transportation has 16 inspected and approved these streets. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 That City Council hereby requests the Virginia Department of Transportation to 22 accept the streets listed on Exhibit A, attached hereto and incorporated by reference, and 23 to begin paying urban maintenance payments to the City of Virginia Beach based on the 24 established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: _ V Department of Public Works CityAftomey's Office CA16469 R-1 March 22,2024 Exhibit A - New Streets Public orks/O Virginia s Public Works/Operations New Street Street Type STREET FROn1 TO LANE MILES LOCAL BOB WHITE LN SPARROW RD CUL D&SAC 0.09 LOCAL CAVALIER DR HOLLY RD ATLANTIC AVE 0.36 LOCAL EDISON RD START AT PRIVATE RD GENERAL BOOTH BLVD 0.14 LOCAL ENGLISH CEDAR Cl ALPHINE RD DEAD END 0.08 LOCAL HEAVENLY ACRES CT NIMMO CHURCH LN E CUL DE SAC 0.22 LOCAL JAMES MADISON BLVD GEORGE MASON BLVD JAMES MADISON BLVD 0.16 LOCAL PARKS AVE 19TH ST 21ST ST 0.52 Total Lane Miles of LOCAL streets: UU Street Type STREET FROM TO LANE MILES URBAN COLLECTOR UNIVERSITY DR FACULTY BLVD UNIVERSITY DR 0.64 URBAN COLLECTOR UNIVERSITY DR UNIVERSITY DR CONCERT DR(EB) 0.20 Total Lane Miles of URBAN COLLECTOR streets: U4 Total Lane Miles of New Street: Za41 Monday,January 29,2024 Page 1 of 1 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO 3 ACCEPT CORRECTIONS/DELETIONS TO THE 4 ROAD INVENTORY FOR URBAN MAINTENANCE 5 PAYMENTS 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 by 12 the Virginia Department of Transportation and have determined that some inaccuracies 13 exist; 14 15 WHEREAS, corrections to the revised road inventory have been made as shown 16 on Exhibit B (attached); resulting in a net decrease of 0.32 (Local/Collector) lane miles 17 and a net decrease of 0.20(Minor/Arterial). This totaling a net correction decrease of 0.52 18 lane miles. 19 20 WHEREAS, a representative from the Virginia Department of Transportation has 21 inspected and approved corrections. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That City Council hereby requests the Virginia Department of Transportation to 27 accept the corrections listed on Exhibit B, attached hereto and incorporated by reference, 28 and to begin paying urban maintenance payments to the City of Virginia Beach_ based on 29 the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2024. AP ROVED S TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i Department offu6ic Works City A mey's Office CA16470 R-1 March 22, 2024 ch Exhibit B - Changes Public of Virginia Operations Public Works/Operations Additions/Replaced deletions Street Type STREET FROM TO LANE MILES LOCAL MCGAUGHEY WAY BUCKNER BL N CUL DE SAC 0.16 Total Lane Miles of LOCAL greets: 9Afi Street Type STREET FROM TO LANE MILES URBAN COLLECTOR SANDBRIDGE RD SANDBRIDGE RD(WB) W CUL DE SAC 0.24 Total Lane Miles of URBAN COLLECTOR streets: 4.1d Street Type STREET FROM TO LANE MILES URBAN MINOR ARTERIAL ATLANTIC AVE(SB) N CUL DE SAC 40TH ST 0.36 Total Lane Miles of URBAN MINOR ARTERIAL streets: 1h Total Lane Miles of Additions/Replaced deletions: Q,Z¢ Deletions Street Type STREET FROM TO LANE MILES LOCAL 19TH ST PACIFIC AVE ARCTIC AVE -0.20 Total Lane Miles of LOCAL streets: _0.20 Total Lane Miles of Deletions: -0.20 Deletions/To be replaced Street Type STREET FROM TO LANE MILES LOCAL COMPETITOR CT BUCKNER BL N CUL-DE-SAC -0.16 Total Lane Miles of LOCAL streets: .16 Street Type STREET FROM TO LANE MILES URBAN COLLECTOR SANDBRIDGE RD ENTRADA DR ENTRADA DR -0.36 Total Lane Miles of URBAN COLLECTOR streets: -Lik Street Type STREET FROM TO LANE MILES URBAN MINOR ARTERIAL ATLANTIC AVE(NB) 40TH ST PACIFIC AVE(SB) -0.56 Total Lane Miles of URBAN MINOR ARTERIAL streets: Monday,January 29,2024 Page 1 of 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $2,238,750 in Grant Funds and to Transfer $2,238,750 among Stormwater Capital Projects MEETING DATE: April 2, 2024 ■ Background: The Virginia Department of Environmental Quality (DEQ) has awarded the City two Stormwater Local Assistance Fund (SLAF) grants. SLAF provides matching grant funds to local governments in Virginia for the planning, design, and implementation of stormwater best management practices (BMPs) that address cost efficiency and commitments related to reducing water quality pollutant loads. The grants have been awarded for the Bayville Lake Water Quality Improvement Project and the Oceana Gardens Constructed Wetlands project. The Bayville Lake project includes dredging portions of the existing lake and creating forebays, wetland planting areas, and aeration within the lake. The Oceana Gardens project includes constructing a new wetland area off Sykes Avenue. Both projects improve downstream water quality by reducing stormwater pollutant loads. The Oceana Gardens project is funded as a subproject within the Lynnhaven River Watershed Water Quality Projects Capital Improvement Project. The $2,238,750 in state funds will be applied in the following amounts to the following projects: NEW . ya_ .._� �_ :. 100032 Bayville Lake Water Qualitya Improvement Project $ 930,000 100264 Lynnhaven River Watershed Water Qualm Projects II $ 1,308,750 Total $ 2,238,750 The grants provide the opportunity to redirect a portion of funding from the projects listed above to other projects within the Stormwater Section of the Capital Improvement Program. As a result, $2,238,750 is proposed to be transferred to the "Kemps Lake Water Quality Improvement Project" as shown below. The transfers provide additional funding to allow further progression of the Kemps Lake Water Quality Improvement project. Transfer From: 100032 Bayville Lake Water Quality Improvement Project $ (930,000) -- -.- - 100264 Lynnhaven River Watershed Water Quality Projects II $ (1,308,750) Total $ (2,238,750) Transfer To: Project 100567 Kemps Lake Water Quality Improvement Project $ 2,238,750 Total $ 2,238,750 ■ Considerations: The total project awards from DEQ are $2,238,750 provided through the SLAF Grant Program. The City will provide a match for the remaining project costs through previously appropriated funds. Funds will be distributed to the City on a reimbursement basis. ■ Public Information: Normal City Council agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance, Project Detail Sheets (3), Location Maps (3) Recommended Action: Approval Submitting Department/Agency: Department of Public Works City Manager: /*--) 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $2,238,750 IN GRANT FUNDS AND TO TRANSFER 3 $2,238,750 AMONG STORMWATER CAPITAL 4 PROJECTS 5 6 WHEREAS, the City has been awarded funding from the Virginia Department of 7 Environmental Quality for a Stormwater Local Assistance Fund grant; and 8 9 WHEREAS, funding for the local contribution is already appropriated in the 10 Stormwater section of the Capital Improvement Program; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA THAT: 14 15 1) $2,238,750 is hereby accepted from the Virginia Department of Environmental 16 Quality and appropriated, with state revenues increased accordingly, to the following 17 FY 2023-24 Capital Improvement Program projects in the following amounts: 18 19 a. $930,000 for Project #100032, "Bayville Lake Water Quality Improvement;" 20 21 b. $1,308,750 for Project #100264, "Lynnhaven River Watershed Water 22 Quality." 23 24 2) A total of$2,238,750 is hereby transferred as follows: 25 26 a. $930,000 is transferred from Project#100032, "Bayville Lake Water Quality 27 Improvement," to Project #100567, "Kemps Lake Water Quality 28 Improvement;" and 29 30 b. $1 ,308,750 is transferred from Project #100264, "Lynnhaven River 31 Watershed Water Quality," to #100567, "Kemps Lake Water Quality 32 Improvement." 33 34 3) The City Manager is hereby authorized to execute on behalf of the City all 35 necessary project agreements from project development and construction for this 36 grant. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and anagement Services Cif rney's Office CA16465 R-1 March 20, 2024 Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100032 itle:Bayville Lake Water Quality Improvement Project tatus:Approved Category:Storm Water Department:Public Works Project .e Project Location Project Type:New Facility Construction/Expansion istrict:9 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 4,160,000 2,430,000 1,100,000 630,000 Description This project includes the design and construction of water quality improvements to the existing lake within Bayville Farms Park.This project will improve the pollutant reduction efficiency of the existing lake.These water quality improvements will reduce nutrients,sediment,and bacteria from stormwater discharging to Lake Joyce,the Lynnhaven River,and the Chesapeake Bay.The project improvements include the installation of pretreatment forebays, establishment of wetland areas,installation of an aeration system,and dredging in portions of the existing lake.The project will also incorporate public education aspects for residents visiting the park. Purpose and Need The City is regulated through a Municipal Separate Storm Sewer System(MS4)permit to discharge stormwater from its system to local waterways.The MS4 permit is issued by the Virginia Department of Environmental Quality(DEQ)under authority of the Environmental Protection Agency and the Clean Water Act.The MS4 permit requires the implementation of projects associated with the Chesapeake Bay Total Maximum Daily Load(TMDL)Action Plan and the Bacteria TMDL Action Plan to meet the required pollutant reductions.Since this project is located within the Lynnhaven Watershed and discharges to the Chesapeake Bay,the pollutant reductions will be used to support pollutant reduction requirements associated with those watersheds. History and Current Status This project first appeared in the FY 2019-20 CIP.A concept design has been completed and was funded through Stormwater Quality Enhancements II prior to the establishment of this CIP Operating FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts Total FTE Project • Schedule of Project Activities From-To Amount Design 10/22-06/24 350,000 Private Utility Adjustments 04/24-08/24 10,000 Construction 03/25-10/26 3,220,000 Contingencies 10/22-10/26 580,000 Total Budgetary Cost Estimate: 4,160,000 t Means of r^° Funding Subclass Amount Local Funding 4,160,000 .t Total Funding: 4,160,000 FY 2023-24 to FY 2028-29 315 Capital Improvement Program Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100264 itle:Lynnhaven River Watershed Water Quality Projects II tat,,:Approved Cate o :Storm Water Department:Public Works Project Type Project Location Project Type:New Facility Construction/Expansion istrict:8,9 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 9,118,367 2,948,367 380,000 1,000,000 1,040,000 1,150,000 1,300,00 1,300,00 Description This project is for the design and construction of water quality improvement projects within the Lynnhaven River watershed.These water quality improvement projects may consist of new stormwater management facilities from the Virginia BMP Clearinghouse,new practices allowed through the Chesapeake Bay Program BMP Expert Panel Reports,and modifications to existing stormwater management facilities to improve pollutant removal efficiency.The project includes associated storm drainage system improvements for the performance of the stormwater management facility.The projects will be implemented to reduce pollutants from existing developed areas especially areas that are not treated by existing stormwater management facilities. The project includes Laurel Cove Water Quality Improvements and Lynnhaven Park Constructed Wetland. Purpose and Need The City is regulated through a Municipal Separate Storm Sewer System(MS4)permit to discharge stormwater from its system to local waterways.The M54 permit is issued by the Virginia Department of Environmental Quality(DEQ)under authority of the Environmental Protection Agency and the Clean Water Act(CWA).The CWA requires that all streams,rivers,and lakes meet water quality standards for recreation/swimming,aquatic life,wildlife,fish consumption,shellfish consumption,and public water supply.The DEQ identifies impaired waterways and schedules the development of Total Maximum Daily Loads(TMDLs).DEQ has developed two TMDLs for bacteria within the watershed.The Lynnhaven River watershed is part of the larger Chesapeake Bay Watershed and the MS4 permit requires the implementation of projects associated with the City's Chesapeake Bay TMDL Action Plan. Projects implemented in this watershed will support the City's required pollutant load reductions and help to prevent future water quality impairments in the Lynnhaven River watershed. History and Current Status This project first appeared in the FY 2018-19 CIP.This is a continuation of Lynnhaven watershed Restoration that was created in FY 2003-04.In the FY 2021-2022 CIP,the project name was revised to Lynnhaven River Watershed Water Quality Projects II.The project was awarded a Stormwater Local Assistance Fund(SLAF)award in the amount of$256,950 which was appropriated in FY 2023-24. Operating FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts Total FTE Project Map Schedule of Activities Project Activities From-To Amount Design 07/18-06/29 1,900,000 Site Acquisition 07/18-06/29 800,000 Private Utility Adjustments 07/18-06/29 200,000 Construction 07/18-06/29 6,000,000 4 Contingencies 07/18-06/29 218,367 Total Budgetary Cost Estimate: 9,118,367 •100264 Means of Financing Funding Subclass Amount Local Funding 8,861,417 State Contribution 256,950 Total Funding: 9,118,367 FY 2023-24 to FY 2028-29 334 Capital Improvement Program Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100567 itle:Kemps Lake Water Quality Improvement Project tatus:Approved Category:Storm Water Department:Public Works Project Type Project Location Project Type:New Facility Construction/Expansion District:1 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 12,215,000 4,955,000 7,260,000 Description an• Scope This project is for the design and construction of water quality improvements to Kemps Lake,a former borrow pit.These improvements will reduce nutrients,sediment,and bacteria from stormwater that discharges into the Elizabeth River and the Chesapeake Bay.This project will improve the pollutant reduction efficiency of the existing lake.The project improvements will include the installation of pretreatment forebays through steel sheet pile wall construction,the establishment of wetland areas,and aeration system installation.Improvements will also include limited bank stabilization along the eastern bank adjacent to Greenwich Road. Purpose The City is regulated through a Municipal Separate Storm Sewer System(MS4)permit to discharge stormwater from its system to local waterways.The MS4 permit is issued by the Virginia Department of Environmental Quality(DEQ)under authority of the Environmental Protection Agency and the Clean Water Act.The MS4 permit requires the implementation of projects associated with the Chesapeake Bay Total Maximum Daily Load(TMDL)Action Plan and the Bacteria TMDL Action Plan to meet the required pollutant reductions.This project supports pollutant reductions associated with these TMDLs. History and Current Status This project first appeared in the FY 2021-2022 CIP.The project was initiated under CIP 7-054 Elizabeth River Watershed in FY2017.The 95%design of this project and SO%of the acquisition was performed underthe Elizabeth River Watershed CIP(7-054).The remainder of the design services, acquisition,private utility adjustments,and construction costs will be funded from this CIP.The project was awarded a Stormwater Local Assistance Fund (SLAF)award in the amount of$7,260,000 which was appropriated in FY 2023-24. Operating FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts Total FTE Project • Schedule of Activities Project Activities From-To Amount Design 07/16-06/23 450,000 Site Acquisition 02/18-10/23 200,000 * Private Utility Adjustments 05/23-10/23 5,000 Construction 03/24-10/25 10,190,000 Contingencies 07/16-10/25 1,370,000 Total Budgetary Cost Estimate: 12,215,000 Means of Financing r ^Ntl Funding Subclass Amount !- Local Funding 4,955,000 State Contribution 7,260,000 Ft = Total Funding: 12,215,000 v" FY 2023-24 to FY 2028-29 327 Capital Improvement Program N W E SITE n s SHORE DR 1 1` o� 20� L O Y1 � BAYVILLE PARK r1 \ Legend 0 Water Quality Improvement Project Area iI a City Properties LOCATION MAP �,— BAYVILLE LAKE WATER QUALITY IMPROVEMENT PROJECT CIP 100032 -� 0 200 400 Feet Prepared by P W./Eng./Eng.Support Services Bureau 03/18/2024 X:\CADD\Projects\NRC Files\CIP Maps\CIP 100032 Bayville Lake Water Quality Improvement Project\CIP 100032 Bayville Lake mxd �� •_ 1''� ems, � • t kl /r��,• ,. � • • • � ! � �, �� .'":� } i,- 1,1{^ -ram, �, •` �`. .r••.ii�n�'flllr'' :d�uu•,` � :'� i� iai - \rim ' �� AIR Al/��,/� :i� �� •�► ,. , , may' ;�T 1' � ' tJ W WE AN ,�i► ( 1 �' .•" I. P ' �;.^��i I - '�- !1►;v• � �.,ram"• • •E ,fir �;t-. �o��\\ �• ,'�,,,/ M. 71 ilk • Water Quality Improvement - - �►`� PropertiesCity LOCATION LYNNHAVEN RIVER WATERSHED WATER QUALITY PROJECT 11 Y I • 100264 C10,000 20,000 Feet an n� • P a � � ..;., ®�• � � yr FA WMA NOR, 4.7 .117 ��'-��:'♦'AYE* ® IM ®i • Legend Water Quality Improvement Project Area ® ©' Properties MAP - - IMPROVEMENT PROJECT -, � - 100567 A- :87 u 4s S CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Fund Balance of, and to Transfer Funds within, the City Garage Internal Service Fund MEETING DATE: April 2, 2024 ■ Background: The City maintains several Internal Service Funds (ISF) which function in a manner similar to a small business. Goods or services are provided to departments, and the ISF bills the departments for costs and overhead. Due to the current inflation and several unexpected expenditures, the City Garage ISF requires additional appropriation authority to complete the current fiscal year. Like other City departments, the City Garage has struggled with recruitment and retention of qualified staff. In the last two years, the City Garage worked with Human Resources to implement multiple initiatives to attract and retain a qualified workforce. In FY 2023-24, the City Garage established an Apprenticeship Program to assist in filling critical vacancies. In addition, several positions were reclassified, and new hires were offered competitive salaries to meet industry demands. While these efforts are showing positive results, the Garage projects a shortfall of $470,000 in their salary and fringe benefits accounts. In addition, due to the current inflation, the City Garage has seen an increase in the cost of parts. Although there is a plan for emergency repairs, some unforeseen helicopter repairs with high costs and recent thefts of catalytic converters have added to the projected shortfall of $750,000 in operating accounts. ■ Considerations: The City Garage ISF requires additional funding for the current fiscal year in the amount of $1.2 million. To meet this need the attached ordinance provides a combination of appropriating fund balance in the ISF as well as transferring existing appropriations. The current fund balance of the fund is $2 million. ■ Public Information: Normal City Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works City Manager:fV 1 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF, 2 AND TO TRANSFER FUNDS WITHIN, THE CITY GARAGE 3 INTERNAL SERVICE FUND 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1) $1,208,790 is hereby appropriated from the unrestricted fund balance of the City 9 Garage Internal Service Fund to the FY 2023-24 Operating Budget of the City 10 Garage Internal Service Fund. 11 12 2) $11,210 is hereby transferred from capital outlay accounts to the operating accounts 13 of the FY 2023-24 Operating Budget of the City Garage Internal Service Fund. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2024. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: t Budget an Management Services rney's rice CA16462 R-1 March 19, 2024 4 y JI �`ti�I• �JJJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An 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 II-B," and #100159, "Elbow Road Phase II-C" MEETING DATE: April 2, 2024 ■ Background: The Elbow Road Phase II-B and Phase II-C combined project includes construction of a four-lane divided roadway from Meadow Crest Way/Margaret Drive to the Chesapeake City Line at Stumpy Lake, a distance of approximately 1.3 miles. Elbow Road Phase II-B (Capital Project#100529) consists of the eastbound lanes in the ultimate improvements and Elbow Road Phase 11-C (Capital Project#100159) consists of the westbound lanes. The projects also include the construction of a new bridge to the replace the existing sub-standard Elbow Road Bridge and the installation of pedestrian and bicycle accommodations. The two phases were combined for construction advertisement to limit impacts to the area and attempt to capture economies of scale. The combined project has received limited interest from contractors amidst the current challenging construction marketplace resulting in being advertised twice to date. Construction bids were first opened October 9, 2023, with the project receiving one bid for$97,594,777, which is significantly higher than the engineer's opinion of probable cost of $55,535,076. The project was subsequently readvertised and construction bids were opened again on February 22, 2024, this time receiving two bids with an apparent low bid of $84,653,330, which remains above the engineer's opinion of probable cost. After analyzing the bids and researching the latest market trends, Public Works does not believe advertising for a third time will result in any significant cost reduction from the second set of bids. Inflation, limited resources due to high volume of work in the industry, and unique specialty bid items are the known factors resulting in the high bids. As such, Public Works is proposing to move forward with the apparent low bid. After factoring in all available funds appropriated to date to Elbow II-B and 11-C as well as known funding commitments outside of construction, there is currently a deficit of $13,463,246. If this deficit can be filled, the construction contract can be awarded. As a result, Public Works is proposing to transfer the needed funds from Capital Project #100217, "Indian River Road Phase VII-A." Indian River Road Phases VII-A and VII-B includes construction of a four-lane divided roadway from Lynnhaven Parkway to Elbow Road, which is approximately 2.1 miles. Indian River Road Phase VII-A consists of the southbound lanes. Similar to Elbow Road Phases II-B and II-C, the phases will be advertised together for construction. Indian River Road Phase VII-A was carefully selected as the best option for the Roadways Section of the Capital Improvement Program to avoid impacts across multiple projects. Elbow Road Phases II-B & II-C and Indian River Road Phases VII-A and VII-B have been closely related since their inception. These roadways connect to each other and were considered one project when the NEPA process was completed. In addition, Indian River Road Phases VII-A and VII-B are not scheduled to begin construction until early 2027. As a result, the proposed transfer will not impact the project in the near term as design, site acquisition, and private utility adjustments have sufficient funding to continue. Transfer From: 100217 Indian River Road Phase VII-A $ (13,463,246) Total $ (13 463,246) Transfer To: Project Amount 'Project# 100529 Elbow Road Phase II-B $ 8,383,521 100159 Elbow Road Phase II-C $ 5,079,725 j Total $ 13,463,246 ■ Considerations: If funds are not transferred, the construction award will be delayed, and bids may be cancelled if no contract is awarded within 90 days, or by May 22, 2024. The two Elbow Road projects have a combined amount of $61 .2 million in federal/state funding appropriated from the Regional Surface Transportation Program (RSTP) and Revenue Sharing Funds. The City Council could also elect to rebid, delay, or cancel the project. However, as the project is primarily federally funded with $61.2 million from outside sources, the funds would need to be returned, and any previously spent funding would have to be repaid using local dollars. To date, $9.6 million has been spent, and $7.8 million represents RSTP award dollars. ■ Public Information: Normal City Council agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance, Project Detail Sheets (4), Location Maps (2) Recommended Action: Approval Submitting Department/Agency: Department of Public Works City Manager: /*//,C 1 AN ORDINANCE TO TRANSFER $13,463,246 IN 2 PREVIOUSLY APPROPRIATED CAPITAL IMPROVEMENT 3 PROGRAM FUNDS FROM CAPITAL PROJECT #100217, 4 "INDIAN RIVER ROAD PHASE VII-A," TO CAPITAL 5 PROJECTS #100529, "ELBOW ROAD PHASE II-B," AND 6 #100159, "ELBOW ROAD PHASE II-C" 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 1. $8,383,521 is hereby transferred from Capital Project #100217, "Indian River 12 Road Phase VII-A," to Capital Project #100529, "Elbow Road Phase II-B." 13 14 2. $5,079,725 is hereby transferred from the Capital Project #100217, "Indian 15 River Road Phase VII-A," to Capital Project #100159, "Elbow Road Phase 11- 16 C." Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services i rney s Office CA16463 R-1 March 19, 2024 Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100217 Intle:Indian River Road Phase VII-A tatus:Approved Category:Roadways Department:Public Works Project Type Project Location Project Type:New Facility Construction/Expansion istrict:7 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Da I FY24 FY25 FY26 FY27 FY28 FY29 Future 78,390,942 63,073,923 5,849,290 520,1101 7,968,594 979,025 Description VDOT UPC#15829.This is the first phase and will provide two through lanes on the ultimate four-lane right-of-way footprint(2 on 4 configuration)on Indian River Road from Lynnhaven Parkway to Elbow Road Extended(PG100529),a distance of approximately 2.1 miles.The two lanes constructed in Phase VII-A will serve as the future southbound lanes in the ultimate four-lane divided roadway configuration.The typical roadway section includes multi- use paths,on-road bicycle accommodations,street lights,landscaping,and noise barriers(where warranted in their ultimate locations on both sides of the roadway).The majority of the project corridor will be realigned further east,away from adjacent Stumpy Lake,wetlands,and the floodplain. Purpose and Need Between Lynnhaven Parkway and Independence Boulevard,this roadway is currently experiencing traffic volumes of 15,200 vehicles per day,on a two- lane rural road,and has a projected volume of 21,000 vehicles per day by the year 2040.Without this project,an important corridor remains over- saturated.This corridor is ranked#12 of 311 in the 2021 Technical Ranking of Congested Roadway Segments list.There is a history of crashes along the route,and the majority of the corridor is directly adjacent to,and at the same elevation as,the base floodplain. History Current Status ,The overall Indian River Road Phase VII project first appeared in the FY 1995-96 CIP.In FY 2003-04,the City assumed project administration responsibilities from VDOT.In FY 2014-15,$335,025 in Federal appropriations to date were transferred to"Princess Anne Road/Kempsville Road Intersection Improvements"in accordance with the Urban Construction Initiative project reconciliation between the City and VDOT.In FY 2016-17,this project was awarded$20 million from SMART SCALE Round 2. Operating Based on FY20-21 VDOT maintenance rates per lane mile of roadway. FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts 29,606 30,198 Total FTE - - Project Map Schedule of Activities Project Activities From-To Amount Design O1/17-10/23 7,700,000 ° „°••'°• Site Acquisition 12/22-O1/25 14,044,612 Private Utility Adjustments O1/25-07/25 2,452,222 ° „•"`°°° Construction 08/25-04/28 49,044,442 Contingencies O1/17-04/29 5,149,666 Total Budgetary Cost Estimate: 78,390,942 °•io0z17 Means of Financing Funding Subclass Amount Local Funding 53,291,892 Federal Contribution 24,764,026 State Contribution 335,024 Total Funding: 78,390,942 FY 2023-24 to FY 2028-29 56 Capital Improvement Program Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100213 itle:Indian River Road Phase VII-B tatus:Approved Category:Roadways Project Type IDepartment:Public Works Project Location Project Type:New Facility Construction/Expansion istrict:7 Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 19,781,258 12,879,886 3,934,818 665,4231 481,511 1,819.620 Description VDOT UPC#110804. This project will provide the additional two lanes(northbound)of the Indian River Road Phase VII-A section from Lynnhaven Parkway to Elbow Road Extended,a distance of approximately 2.1 miles.The construction of the additional two lanes will complete the ultimate four-lane divided roadway configuration on Indian River Road.The typical roadway section includes multi-use paths,on-road bicycle accommodations,street lights and landscaping(noise barriers previously constructed in Phase VII-A).The majority of the project corridor will be realigned further east,away from adjacent Stumpy Lake,wetlands,and the floodplain. Purpose and Need Between Lynnhaven Parkway and Independence Boulevard,this roadway is currently experiencing traffic volumes of 15,200 vehicles per day,on a two- lane rural road,and has a projected volume of 21,000 vehicles per day by the year 2040.Without this project,an important corridor remains over- saturated.This corridor is ranked#12 of 311 in the 2021 Technical Ranking of Congested Roadway Segments list.There is a history of crashes along the route,and the majority of the corridor is directly adjacent to,and at the same elevation as,the base floodplain. History , Current Status The overall Indian River Road Phase VII project first appeared in the FY 1995-96 CIP.I n FY 2003-04,the City assumed project administration responsibilities from VDOT.In FY 2014-15,$335,025 in Federal appropriations to date were transferred to project"Princess Anne Road/Kempsville Road Intersection Improvements"in accordance with the Urban Construction Initiative project reconciliation between the City and VDOT.This project was awarded$5 million from SMART SCALE Round 2. Operating Budget Impact Comments Based on FY20-21 VDOT maintenance rates per lane mile of roadway. FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts 29,606 30,198 Total FTE - - Project • Schedule of No`•�a�,�<"�� Project Activities From-To Amount Private Utility Adjustments 01/25-07/25 1,634,815 Construction 08/25-04/28 16,348,147 Contingencies 01/25-04/28 1,798,296 .N• Total Budgetary Cost Estimate: 19,781,258 ,4e •100213 Means of Financing Funding Subclass Amount Local Funding 14,781,258 Federal Contribution 860,000 State Contribution 4,140,000 sd Total Funding: 19,781,258 FY 2023-24 to FY 2028-29 57 Capital Improvement Program Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100529 itle:Elbow Road Extended Phase II-B tatus:Approved Category:Roadways Department:Public Works Project Type Project Location Project Type:New Facility Construction/Expansion istrict:4 Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 56,983,300 50,117,537 5,865,763 1,000,000 Description VDOT UPC#15828(Original Elbow II UPC). This project will provide two lanes of the ultimate four-lane right-of-way footprint on Elbow Road from Meadow Crest Way/Margaret Drive to the Chesapeake City Line at Stumpy Lake,a distance of approximately 1.3 miles.The two lanes constructed in Phase II-B will be the future eastbound lanes in the ultimate four-lane divided roadway configuration.The typical roadway section includes an 8-foot wide sidewalk,two dedicated on-road bike lanes,LED street lights,landscaping and noise barriers where warranted on both sides of the roadway in their ultimate locations.Also included is replacement and realignment of two lanes of the existing sub-standard Elbow Road Bridge.Site Acquisition funds in this project covers needs for both phases II-B and II-C. Purpose and Need This project will provide an alternate route for traffic using Princess Anne Road,Independence Boulevard,Lynnhaven Parkway,and North Landing Road. Traffic volumes currently range from 11,000 to 13,500 vehicles per day,and by 2040 is expected to reach 31,000 to 36,000 daily.Without this project, traffic will overcrowd Lynnhaven Parkway,and Princess Anne Road.Between Indian River and Salem Road,the current roadway geometry is sub- standard,and there is a history of crashes along the route.Based on 2019 crash data,this segment of Elbow Road is ranked#29 out of 289 urban road segments,experiencing high-crash rates over a 3-year period. Additionally,the existing bridge needs replacement due to a sufficiency rating of 64.1.This project will provide a geometrically acceptable roadway and a new bridge for two of the road's four lanes. History and Current Status Based on a needs analysis as a backlogged project,the overall"Elbow Road Phase 11"first appeared in the FY 1985-86 CIP as a City administered project.It re-appeared in the FY 1991-92 CIP.In FY 1995-96,the project was accepted as a VDOT project.In the FY 1997-98 CIP,this project was reduced in scope with the City constructing a two-lane portion of the ultimate four-lane section,"Elbow Road Extended-Phase I,"to meet the projected opening date of the New Castle Elementary School.In FY 2002-03,"Elbow Road Extended-Phase II-A"was created to facilitate advance construction of a two-lane road connection between Salem Road and Princess Anne Road.In FY 2003-04,the City assumed all project responsibilities from VDOT. Operating BudgetImpact Based on FY23 VDOT maintenance rates per lane mile of roadway. FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts 33,835 34,512 35,202 Total FTE - - - Project • Schedule of `!' a i.Mtot.•cM Project Activities From-To Amount a Design 07/96-09/22 7,793,000 Site Acquisition 09/17-07/22 5,000,000 Private Utility Adjustments 11/21-12/22 500,000 Construction 04/23-1O/26 39,924,400 Contingencies 07/96-10/26 3,765,900 ` yaty M[tw• Total Budgetary Cost Estimate: 56,983,300 Means of Financing e '1 Funding Subclass Amount Local Funding 35,878,896 Federal Contribution 19,164,404 4 State Contribution 1,940,000 Total Funding: 56,983,300 FY 2023-24 to FY 2028-29 38 Capital Improvement Program Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100159 itle:Elbow Road Extended Phase 11-C tatus:Approved Category:Roadways Department:Public Works Project Type Project Location Project Type:New Facility Construction/Expansion istrict:4 Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 28,091,600 25,091,600 3,000.000 - Description VDOT UPC#112317.This project will provide two,additional westbound lanes of Elbow Road Phase 11,including two additional bridge lanes,and the full four-lane section from the proposed intersection with Indian River Road to Salem Road.The construction of the additional two lanes will complete the ultimate four-lane divided roadway on Elbow Road for a distance of approximately 1.1 miles.The typical roadway section includes an 8-foot wide sidewalk,a dedicated on-road bike lane,LED street lights,median,and landscaping.The project also includes the completion of the realigned bridge crossing North Landing River. Purpose This project will provide an alternate route for traffic using Princess Anne Road,Independence Boulevard,Lynnhaven Parkway,and North Landing Road. Traffic volumes currently range from 12,500 to 16,000 vehicles per day and are expected to reach 31,000 to 36,000 vehicles per day by 2040.Without this project,traffic will overcrowd Lynnhaven Parkway and Princess Anne Road.The road's current geometry is sub-standard,and there is a history of crashes along the route.Additionally,the existing bridge needs of replacement.This project will provide geometrically acceptable roadway and a new bridge for two of the road's four lanes. History and Current Status Based on a needs analysis as a backlogged project,the overall"Elbow Road Phase II"first appeared in the FY 1985-86 CIP as a City administered project.It re-appeared in the FY 1991-92 CIP.In FY 1995-96,the project was accepted as a VDOT project.In the FY 1997-98 CIP,this project was reduced in scope with the City constructing a two-lane portion of the ultimate four-lane section,"Elbow Road Extended-Phase I,"to meet the projected opening date of the New Castle Elementary School.In FY 2002-03,"Elbow Road Extended-Phase II-A"was created to facilitate advance construction of a two-lane road connection between Salem Road and Princess Anne Road.In FY 2003-04,the City assumed all project responsibilities from VDOT.The current"Elbow Road Phase 11-C"project first appeared in the FY 2017-18 CIP.This project is mostly financed with federal and Commonwealth funds from the Regional Surface Transportation Program(RSTP)as well as one-time federal supplemental Highway Infrastructure Program funds from the Coronavirus Response and Relief Supplemental Appropriations Act,2021(Division M of P.L.116-260). Operating Based on FY23 VDOT maintenance rates per lane mile of roadway. FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts 42,294 43,140 44,003 Total FTE - - - �Project Map Schedule of Activities ••••K """"' Project Activities From-To Amount s Design 12/19-10/22 900,000 g Construction 04/23-10/26 24,513,900 x aeTm A z Contingencies 12/19-10/26 2,677,700 goo C �,M[ll•Ma :�r.,,.i 4 ,••"••' Total Budgetary Cost Estimate: 28,091,600 gMeans of Financing •100159 ® Funding Subclass Amount t Local Funding 257,463 `•�•. •� Federal Contribution 22,647,624 •L•.r State Contribution 5,186,513 l'. 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Dr'4rN V Lr,%; �.-Q► �� '�l�M off•//.� LOCATION MAP Legend ELBOW ROAD EXTENDED PHASE 11 B • Elbow '•.• City Properties 0 000 2,000 Feet • • 1111,11111 •, K. PLANNING 1. LYNNHAVEN MALL, LLC for a Conditional Use Permit re outdoor recreational facility at 701 Lynnhaven Parkway DISTRICT 3 RECOMMENDATION: APPROVAL 1"w.••Ar NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,April 2,2024 at 6:00 p.m. In the Council Chamber at City Hall,Building 1,2nd Floor at 2401 Courthouse Drive,Virginia Beach,VA 23456. Members of the public will be able to observe the City Council meeting through livestreaming on https://virginiat)each.gov, broadcast on VBTV,and via WebEx.Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two-step process below. All interested parties are invited to observe. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on April 2, 2024. 2. Download WebEx and view the meeting at: hht as;//vbgov.webex.mmlweblink/Mgicter/r 4d2439fa6db4dd90b90732e504f56b2e The following requests are scheduled to be heard: Lynnhaven Mall,LLC(Applicant&Property Owner) Conditional Use Permit (Outdoor Recreational Facility) Address: 701 Lynnhaven Parkway GPIN:1496350434 City Council:District 3 Copies of the proposed plans, ordinances, amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2875 Sabre St,Suite 500,Virginia Beach, VA 23452 or online at https://virginiabeach.gov/pc.For information call 757-385-4621. If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757-3854303.If you are hearing impaired,you can contact Virginia Relay at 711 for TOD service.The meeting will be broadcast on cable TV,https://virginiat)each.gov and Facebook Live. Please check our website at https://clerk.virginiabeach.gov/city-council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes City Clerk PILOT-MARCH 19,2024&MARCH 26,2024-i TIME EACH o r_ B2 0 � R�7�5 Ed .r e12go o (, "B'2 B2' oor 0< 0L • p R¢7:5 a o �� ° Q°,� - ,,, B12B2 � - � - -- -- --=-- a 4A 0 0 Q CRf/' r Liz L "'V ' R7 `5yp a g,2ol -� I.1 a 0 4 a O O 4 i Q o ao o �� 12 o o d o o R.7�'S '�R;7 5 T FB.2 oH�B2 11' B2 Q N ® site Lynnhaven Mail, LLC Property Polygons 701 Lynnhaven Parkway S QZoning Building Feet 0 12C240 480 720 960 1,200 1,440 1' 12 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LYNNHAVEN MALL, LLC [Applicant & Property Owner] Conditional Use Permit (Outdoor Recreational Facility) for the property located at 701 Lynnhaven Parkway (GPIN 1496350434). COUNCIL DISTRICT 3 MEETING DATE: April 2, 2024 ■ Background: The applicant seeks to operate an inflatable park on an outparcel of the Lynnhaven Mall Shopping Center. The park will cover approximately 40,000 square feet and operate seasonally between the months of March and September, seven days per week from 10:00 am to 7:00 pm. The proposed hours of operation for the park are consistent with the hours of operation for the mall. Sufficient parking is available onsite to satisfy the parking requirement for both the mall and the proposed inflatable park. The applicant advised that they attempted to contact the residents of the homes located on the opposite side of S Lynnhaven Road to inform them of the proposal including their intention to request permission to play amplified music. According to the application, of the residents they were able to speak with, no concerns were raised. ■ Considerations: The Planning Commission finds the proposal appropriate within this commercial area and recommended approval of the request. A six-foot tall chain link fence with black mesh is proposed to establish the park perimeter. While the use of chain link fence is generally discouraged for aesthetic reasons, in this instance, both Staff and the Planning Commission are supportive of its use given the seasonal operation of the proposed park. While Staff initially conditioned that the use of speakers be permitted for announcement purposes only, the Planning Commission was in support of the applicant's request to also permit amplified music to be played in conjunction with the use. Condition #2 has been modified to reflect this change. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. Lynnhaven Mall, LLC Page 2 of 3 ■ Recommendation: On March 13, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0 with modification to Condition #2, as shown below. 1 . Operation of the Outdoor Recreational Facility shall be in substantial conformance with the site layout plan entitled "SITE PLAN DRAWN BY TMK", dated December 2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The use of amplified speakers for announcement and music purposes are is permitted during the hours of operation, 10:00 am to 7:00 pm, seven days a week. Amplified speakers shall be directed inward of the property toward the shopping center and away from residential properties. The use of amplified speakers for mUSEG is prohibited. 3. The maximum occupancy load shall not exceed the maximum number as required by the Fire Marshal. 4. The operations of the Inflatable Park shall be limited to the months of March to September. 5. Hours of operation are limited to 10:00 am to 7:00 pm, seven days a week. 6. All inflatables shall be deflated at the close of business every evening. 7. The applicant shall obtain all necessary permits and inspections prior to operating. 8. The proposed use shall be screened by a six-foot tall fence with mesh screening and shall be subject to final approval from the Department of Planning and Community Development. 9. Any on-site signage for the operations shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. Lynnhaven Mall, LLC Page 3 of 3 ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval with modification. Submitting Department/Agency: Planning Department City Manager: (,k>O 1 Applicant & Property Owner Lynnhaven Mall, LLC Agenda Item Planning Commission Public CouncilCity ( 111 of Virginia Beach Request Conditional Use Permit (Outdoor Recreational Facility) LARK z \ Staff Recommendation Approval C Staff Planner �� Michaela McKinney �'f% t Location 701 Lynnhaven Parkway — GPIN _ 1496350434 Site Size 2.8 acres (29.05 acres shopping center) AICUZ Greater than 75 dB DNL; APZ-2 Watershed Chesapeake Bay MALL D. Existing Land Use and Zoning District f } ,= •' Mixed Retail/Restaurants/B-2 Community Business Surrounding Land Uses and Zoning Districts �'` viz North Lynnhaven Mall Loop • x LCRf Yv FARM L Mixed Retail/ B-2 Community Business South V�":. F.CL"DR j �A l DR \ Lynnhaven Mall Loop Mixed Retail/Restaurants/ B-2 Community j 1yE"' -;' Business East � �',•:_„ ;r � �� '. - r,+�.. ! :^�� 00a Princess Anne Road Mixed Retail/Restaurants/ B-2 Community pe Business ✓NI West ..� _ // S Lynnhaven Road Single-family dwellings/ R-7.5 Residential Lynnhaven Mall, LLC Agenda Item 12 Page 1 Background SummaryofProposal • The applicant seeks to obtain a Conditional Use Permit for an Outdoor Recreational Facility to operate a 40,000 square foot Inflatable Park. • The property is zoned B-2 Community Business and is located within the Suburban Area. This use will occur on an outparcel of the Lynnhaven Mall within an existing parking lot. The operation of the park is seasonal and expected to occur annually from March to September.When all operations cease for the season,the inflatable park will be removed from the property. • The proposed use will consist of four inflatable structures.The structures will be deflated every night in no more than 20 minutes. Included on the property will be limited concessions, and portable restrooms and handwashing stations that are to be serviced daily. Hours of operation are 10:00 am to 7:00 pm, seven days a week. 15 employees are anticipated. Amplified speakers will be used for general announcements during the hours of operation,amplified music is not permitted. • This request is proposed on one of the many parcels that comprise Lynnhaven Mall.A total of 5,241 parking spaces are required for the Mall, while a total of 5,396 parking spaces are provided.The proposed Outdoor Recreational Facility will occupy 142 parking spaces, leaving a total of 5,254 available parking spaces; therefore,the parking requirements will continue to be met onsite. • The Inflatable Park will be enclosed with a 6-foot-tall chain link fence that will be covered in black mesh.There are no proposed changes to the existing landscaping and no proposed signage associated with the proposal. 5 L_J B3 Zoning History �' z, # Request 82 � 1 CUP(indoor Recreational Facility)Approved 08/06/2019 Ho a " z 2 CUP(Outdoor Recreational Facility)Approved R7s F? 08/06/2019 R7-: t o 3 CUP(Tattoo Parlor)Approved 06/18/2018 Rrs 4 Sign Permit(Major Event Venue)Approved 02/06/2018 U �1 5 CUP(Motor Vehicle Sales)Approved 07/19/2017 R7�: Q 6 CUP(Tattoo Parlor)Approved 07/09/2013 ( R�-s' 7kz 3 7 CUP(Auto Repair Garage)Approved 11/13/2012 17.5. 3,; ___._ _,� { 8 CUP(Wind Energy System)Approved 06/26/2012 7 J ~ 9 CUP(Tattoo Parlor)Approved 06/08/2010 ?5 R7 5 R7f$fln, i. a ---- 82 10 MDC Approved 06/12/2007 R7.5 1 z H, ez CUP(Self-Storage)Approved 07/03/2001 Application Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation . Recommendation The request to operate an Outdoor Recreational Facility is, in Staff's opinion,acceptable.The addition of a temporary inflatable park to the existing Lynnhaven Mall is in keeping with the Suburban Area's guiding principle of maintaining "Great Neighborhoods" looks for non-residential uses to be complimentary to the adjacent residential areas. The Lynnhaven Mall, LLC Agenda Item 12 Page 2 placement of the Inflatable Park within the existing parking lot would be supported by the Comprehensive Plan as it provides a recreational use within a predominately commercial area. While the use will generate a certain amount of noise,given the proposed hours of the park which coincides with the typical hours of other commercial locations in the area, staff does not believe the proposed use will cause a nuisance to the surrounding community.The proposed use will have minimal traffic impact to the surrounding areas as the visitors for the inflatable park may also be visitors of the mall. This portion of the property is located within the greater than 75 dB noise zone of the Air Installation Compatible Use Zones (AICUZ). Many uses within these noise zones are restricted, as identified in Article 18 of the Zoning Ordinance; however,the use of Outdoor Recreational Facilities is considered compatible. As previously mentioned, a chain link fence with black mesh will enclose the perimeter of the inflatable park to ensure visitors to the park, including children, will be contained within the designated footprint. While Staff would not generally support the use of a chain link fence, since the proposed use is temporary in nature and will not be permanently installed on the site, staff is agreeable to its use. Furthermore,the black mesh will provide a certain amount of screening from the adjacent roadway and residential properties. In Staffs opinion, the proposal is consistent with the Comprehensive Plan and is complementary to the existing commercial uses. Therefore, Staff is recommending approval of this request subject to the conditions below. Recommended Conditions 1. Operation of the Outdoor Recreational Facility shall be in substantial conformance with the site layout plan entitled "SITE PLAN DRAWN BY TMK", dated December 2023,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 2. The use of amplified speakers for announcement and music purposes are is permitted during the hours of operation, 10:00 am to 7:00 pm, seven days a week. Amplified speakers shall be directed inward of the property toward the shopping center and away from residential properties.The of-amplified S ,li^"-{^' ^"ibited 3. The maximum occupancy load shall not exceed the maximum number as required by the Fire Marshal. 4. The operations of the Inflatable Park shall be limited to the months of March to September. 5. Hours of operation are limited to 10:00 am to 7:00 pm, seven days a week. 6. All inflatables shall be deflated at the close of business every evening. 7. The applicant shall obtain all necessary permits and inspections prior to operating. 8. The proposed use shall be screened by a six-foot tall fence with mesh screening and shall be subject to final approval from the Department of Planning and Community Development. 9. Any on-site signage for the operations shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display.A separate sign permit shall be obtained from the Department of Planning&Community Development for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Lynnhaven Mall, LLC Agenda Item 12 Page 3 Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This property is located within the Suburban Area of the city, as designated by the Comprehensive Plan. Guiding principles have been established in the Comprehensive Plan to protect the stability of the Suburban Area and to provide a framework for neighborhoods and places that are visually interesting and that provide memorable character.The Plan's primary guiding principle is to create "Great Neighborhoods,"and to support those neighborhoods with complementary non-residential uses, including the proposed temporary use, in such a way that the stability of the Suburban Area is maintained. ResourcesNatural & Cultural • The site is located in the Chesapeake Bay Watershed.There are no natural or cultural resources. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic S. Lynnhaven Road 13,600 ADT) 31,100 ADT 1(LOS°"D") Existing Land Use Z—0 ADT Proposed Land Use No Data Available Existing Land Use Z—0 ADT Lynnhaven Mall Loop No Data Available) Proposed Land Use No Data Available 1 Average Daily Trips Z as defined by 142 parking 3 No information available in the 4 LOS=Level of Service spaces ITE Trip Generation Manual for eventvenues Master Transportation Plan (MTP) and Capital Improvement Program (CIP) This segment of S. Lynnhaven Road is a four-lane undivided minor urban arterial roadway. This segment of Lynnhaven Mall Loop is a three-lane collector roadway. Neither road is designated on the City's MTP and they are not listed in the CIP to be upgraded. Public Utility Impacts Water & Sewer This site is connected to City water and City sanitary sewer Lynnhaven Mall, LLC Agenda Item 12 Page 4 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on February 12, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, February 28, 2024 and March 6, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 26, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of https://VirginiaBeach.gov/pc on March 7, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, March 19, 2024 and March 26, 2024. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on March 18, 2024 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on March 29, 2024. Lynnhaven Mall, LLC Agenda Item 12 Page 5 Proposed Site Layout � J f i of \ Y Z ► 1 e #�t tt Lill #r7. ► J1 ^ S 160 *70 Ic WA I ` 1 -NIN _ I Lynnhaven Mall, LLC Agenda Item 12 Page 6 Proposed Rendering �,; :" ! � .-Fri_-r'- . .�•�.._;. :: -JRFi&JEST AREA k si.y 1 SENERA-OR ..,r. ' RESTROOM5 .. -IGKET BOOTH -ODOLER PARK I{ LL } r e PERIMETER FENCE-. t- VRGULAT'ON • I -r r r--: t � ;-. Ito 40 Lynnhaven Mall, LLC Agenda Item 12 Page 7 Site Photos we . y C ' Disclosure Disclosure Statement VW Planning&Community Development` The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Lynnhaven Mall,LLC Does the applicant have a representative? M Yes ❑ NO • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Michael Harris-Senior General Manager • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 1 Lynnhaven Mall, LLC Agenda Item 12 Page 9 Disclosure Disclosure Statement mvq�vvr�Bwd, Planning&Community Development Known Interest by Public Official or Employee Does an official ore mployee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?111 Yes ®No • if yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ®No • If yes,Identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/reactor for current and anticipated future sales of the subject property? ❑Yes ■ No • if yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ®No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a g e Lynnhaven Mall, LLC Agenda Item 12 Page 10 Disclosure Disclosure Statement X ID Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes N NO • If yes,Identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 No If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 9 No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. ant signature Michael Harris/Senior General Manager Print Name and Title 1/24/2024 Date Is the applicant also the owner of the subject property? Yes ❑No • If yes,you do not need to fill out the owner disclosure statementthat pertains to the applications • • ® No changes as of Date 03.15.2024 Signature ''"nt"any Hoa N.Dao Revised 11.09.2020 ? Lynnhaven Mall, LLC Agenda Item 12 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Lynnhaven Mall, LLC Agenda Item 12 Page 12 Virginia Beach Planning Commission March 13, 2024, Public Meeting Agenda Item # 12 Lynnhaven Mall, LLC RECOMMENDED FOR APPROVAL Madam Clerk: Agenda item number 12, Lynnhaven Mall, LLC is a conditional use permit request at 701 Lynnhaven Parkway in District 3. Ms. Morris: Hello. Hi, good afternoon. My name is Andrea Morris. Mr. Morris: I'm Kevin Morris. Ms. Morris: We are the Virginia Beach Fun Box franchisees. We just want to thank everybody today for the time. We want to thank Michaela, and the Lynnhaven Mall Management for applying for us, and we're really excited. We have young children and they're really excited. They think we're really cool. So, we think this is going to be great for the community. We agree with everything that was proposed this morning. We would just like to request the ability to play music. We will have complete control of the sound level, and we'll make sure it is played at a level that will not become a nuisance to the neighbors in South Lynnhaven Road. We will position the speakers away from the neighbors, and towards them all. So it would not reach the neighbors at all. We have one portion of the bounce park is a 15,000 foot square foot complete bounce park, and it has 11 foot walls, so that's a good barrier for the sound not to come through anyways. This past weekend, we went and knocked on the neighbor's doors. We were able to talk to two neighbors that answered the doors, and they were very supportive, and they were appreciative that we came by and explained what was going on. We explained that we like to play music and they were supportive of that. We let them know if there's anything that they're concerned about or have questions about. We gave our cell phone numbers, they can reach out to us directly, and for those who didn't answer the door, we left flyers with all the information about FunBox. We left our personal cell phone numbers, information on how we'd like to play music. If it's ever a nuisance, or if they can ever hear it, they can reach out to us directly. We feel with the support and the communication with the neighbors, we will be able to play at a level that will be fun for the children, and also not a nuisance to the neighbors. So, again, thank you for your support and questions. Ms. Cuellar: Are there any questions for the applicant? Okay. Commissioner Cromwell. Mr. Cromwell: You say you want to play music now. Is that correct? Ms. Morris: Correct. Yes. Mr. Cromwell: All right. How are they going to -- how are they going to play against the noise from the blowers? Or the machines that you use to inflate the park? Mr. Morris: So, yeah, I heard that this morning, FunBox hasn't done any testing as far as we know with just the blowers. What they have told us is that, and every park is different, but outside the fenced in area, with the blowers and the music playing, the sound level is at about 70 decibels. So, the blowers, I don't think are going to be registered enough to go, over the road 150 feet. We don't have any numbers to back that up. We just know that with music on outside the fence, it's about 70 decibels. Ms. Morris: We can control the music, we can turn it down as far as we can. Mr. Cromwell: Well, that's my question. Are you gonna, is the point of the music obviously for entertainment for the children, I understand that, but are you trying to drown out the blowers? Is that why you're asking for that now? Ms. Morris: No, we just think it provides a fun atmosphere for the children. Mr. Morris: It's just environment. When they come in, that musical one, kind of gets them excited, more excited to the ones who're there. Ms. Cuellar: Commissioner Byler? Ms. Byler: I'm all in favor of music, and I understand you could have music anyway, but now you want to amplified, and I hear you say you're going to control the decibel level. I'm concerned as to the hours that the music would be played, whether or not, that might be an issue for your neighbors. It's at the same hours that the malls open anyway, or? Ms. Morris: So, yeah, our hours would be 10 a.m. to 7 p.m. Ms. Byler: Okay, so no music after seven. Ms. Morris: We're going to be closed by 7 o'clock. Ms. Byler: Okay, it doesn't get dark till nine in the summer. Ms. Morris: I know, we want to — Ms. Byler: Okay, thank you, and good luck to you. Ms. Cuellar: Commissioner Plumlee. Mr. Plumlee: This may be a better question to staff, but isn't there already a general citywide ordinance about noise that can be enforced if the sound level gets too high for the music? Is that accurate? I'm not sure. Ms. Morris: Yes, that's accurate. Mr. Plumlee: So throughout the city, so if it becomes unreasonably loud, so somebody across the street could call the authorities that would come out, and direct you to turn the music down. Is that fair? Ms. Morris: Yes, sir. That's correct. Mr. Plumlee: Okay. Would it be difficult to operate a company like this without having some entertainment like music to have, would affect your business not to have music? Ms. Morris: No, and I think if it comes to the point where there are complaints, it wouldn't be the end of the world. Mr. Morris: It'd be a bonus to have it. Ms. Cuellar: Yes, Commissioner Cromwell. Mr. Cromwell: Do you have any statistics on the decibel level of the blowers? Mr. Morris: We do not know, but the 70 decibel level outside the park. The blowers were on, everything was on, yeah, it's below, that's right outside the park. If you go, you know, obviously, the further you go away, the lower it gets, so. Mr. Plumlee: This question is probably for staff. Was there a reason why we said no music? Ms. Alcock: There was just a concern with the adjacent residential properties, kind of with the noise in the area, the noise of the inflatables, kind of the kids, and the music, it could be disruptive for those adjacent residential properties. Ms. Cuellar: So then, if you could clarify for the motion, would there have to be an amendment to include music? Ms. Alcock: Yes, if you're going to move forward with a recommendation of approval, you would want to modify condition number two. So, as it's currently written, it says the use of amplified speakers for announcement purposes is permitted. So, you could just say for music and announcement purposes, and then you'd want to strike that last sentence prohibiting music. Mr. Plumlee: Again, so right now it says for announcement purposes, but not music? Is that fair? Ms. Alcock: Yes. Mr. Plumlee: I would, my guess is you need music, you know if you're going to have people out there jumping in these environments, you know, if it's going to succeed, and we don't want to really consider something that's not going to succeed, we'd want it to have music. Mr. Cromwell: Are there any locations that don't have music currently that you guys know of? Ms. Morris: There was one initially when they first began a few years ago, they had to turn the music off, but the 20 some that have been put up since then, they all have music. Ms. Cuellar: Caitlyn? Ms. Alcock: Yeah, the general manager for the Lynnhaven Mall is here if there are any questions. Unidentified Male: I'm glad we can end the day on a fun note. I don't envy any of you in those seats up there. However, we've been operating Lynnhaven Mall for decades, and it is utmost important for us to have a great relationship with the community as well as those community members that are right behind the center. So we are very conscious of the impact that we would have to them. You know, we also dim our lights down in the parking lot after a certain period of time, or a night. So we have changed our operating hours. So we close at 7 Monday through Thursday, Friday and Saturday we close at 8, and then on Sunday, it's 12 to 6. So this will have, our perspective, a very minimal impact to our residents, and they also outreached to many of the residents, and spoke to them personally, and we have no opposition that I'm aware of. Ms. Cuellar: Okay, Commissioner Anderson. Mr. Anderson: Hi, this is my district, and I hadn't heard till, when we got the staff reports recently about this proposal. So, this is a franchise, right? The only thing, you know, I don't have a concern. You know, the music, well, the blowers were my concern only. The thing that I would like to see is if it's a frequent, I guess reaching out to the residents to see how things are going versus getting a summons or somebody from the city coming. I would like to see that. I mean, that's on y'all to, you know, to do, but I think I don't have an -- I don't have an objection to the item. Mr. Morris: Our goal is, we are temporary, but our goal is to hope to bring it back year after year, if the mall allows us, and everything goes well. So if we need a good relationship with everybody, and we definitely understand that. So we'd be more than happy to do that, and like Andrew said, we passed out our business cards, that have our cell numbers on there, so we want to be accessible to everybody for sure. Unidentified Male: I'll just add as our business evolve. We need to bring in experiential things like this. We need to involve the community as we always do for outreach. I think this for the city is going to be a great thanks for kids and family to enjoy during the pre-summer months and into it. So, I think it's a great addition for us and we're very, again, mindful. I'll take care of any concerns of our residents when it's brought to us, if indeed it is. Ms. Cuellar: Thank you very much. Is there a motion? Another question? Mr. Anderson: I think there was just a question this morning. I think it was this item about insurance, who covers the — Mr. Morris: We absolutely have a liability policy. You know, the mall's named every, we have an SBA loan to everything else. Mr. Anderson: Yeah, just wanted to ask that question, with your as an add on policy. Ms. Cuellar: If there are no questions, can I have a motion please? Mr. Anderson: I move to approve this item with the ordinance change to add music on condition number two. Ms. Cuellar: Is there a second? Ms. Hippen: Second. Ms. Cuellar: Are any Planning Commissioners abstaining from the vote? I have a motion of approval with the amendment for the use of amplified speakers for Condition Number 2 made by Commissioner Anderson, and seconded by Commissioner Hippen, staff will now call for the vote. Madam Clerk: Can I go ahead and get that motion and second on your iPads? The vote is now open. Thank you, by a vote of 10.0, agenda item number 12 has been recommended for approval as amended. AYE 10 NAY 0 ABS 1 ABSENT 1 Alcaraz ABSENT Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. Operation of the Outdoor Recreational Facility shall be in substantial conformance with the site layout plan entitled "SITE PLAN DRAWN BY TMK", dated December 2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The use of amplified speakers for announcement and music purposes are+s permitted during the hours of operation, 10:00 am to 7:00 pm, seven days a week. Amplified speakers shall be directed inward of the property toward the shopping center and away from residential properties. The useof amplified speakers fer musiE�i� Pr9#I h 3. The maximum occupancy load shall not exceed the maximum number as required by the Fire Marshal. 4. The operations of the Inflatable Park shall be limited to the months of March to September. 5. Hours of operation are limited to 10:00 am to 7:00 pm, seven days a week. 6. All inflatables shall be deflated at the close of business every evening. 7. The applicant shall obtain all necessary permits and inspections prior to operating. 8. The proposed use shall be screened by a six-foot tall fence with mesh screening and shall be subject to final approval from the Department of Planning and Community Development. 9. Any on-site signage for the operations shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 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 OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 The Agenda (including all backup documents) is available at https://clerk.virginiabeach.gov/city- council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TChelius(d�vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: hfi)s://vbgov.webex.com/weblink/register/r4d2439fa6db4dd9Ob9O732e5O4f56b2e 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on April 2, 2024. CITY OF VIRGINIA BEACH K SUMMARY OF COUNCIL ACTIONS c S B H S E U S DATE:03/19/2024 PAGE: 1 R T H C L H C R A H T W W U E H E M R U A I O C D N E M M O L Y L O C Y L S I O U M L S T AGENDA H E E O C N S A O O E I I EM# SUBJECT MOTION VOTE I R Y N K D E N R N N 1. CITY COUNCIL'S BRIEFINGS A. SISTER CITIES ASSOCIATION OF VIRGINIA Maria Weissenseel, BEACH UPDATE President (Requested by Mayor Dyer and Council Member Berlucchi) B. FLOOD PROTECTION PROGRAM AND Jeff Waller,P.E., CAPITAL IMPROVEMENT UPDATE Chair—Flood Prevention Bond Referendum Oversight Board Leisha Pica,Program Manager—Jacobs Engineering 11. CITY MANAGER'S BRIEFING A. CITY MANAGER'S PROPOSED BUDGET Kevin Chatellier, Director—Budget& Management Services III-VI CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y Y Y Y Y Y Y Y A Y Y A-F G. MINUTES 1. INFORMAL AND FORMAL SESSIONS APPROVED 10-0 Y Y Y Y Y Y Y Y A Y Y March 5,2024 2 FORMAL SESSION APPROVED 10-0 Y Y Y Y Y Y Y Y A Y Y March 12,2024 H. MAYOR'S PRESENTATIONS I. RECOGNITION—Sister Cities Association of Virginia Beach 2024 Youth Ambassador—Aubrey Swain Visiting Students from Waiblingen,Germany 2. PROCLAMATION Tiffany Richardson-Harrell J.1. Ordinance to DECLARE a portion of City- ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y Owned property located at 2750 Elbow Road to CONSENT be in Excess of the City's Needs and AUTHORIZE the City Manager to dedicate the property to the City of Chesapeake re bridge and road improvements CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE:03/19/2024 PAGE: 2 R T H C L H C R A H T W W U E H E M R U A I O C D N E M M O L Y L O C Y L S I O U M L S T AGENDA H F E O C N S A O O E ITEM# SUBJECT MOTION V011 I R Y N K D E N R N N J.2. Ordinance to GRANT thirteen(13)Franchise ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y Agreements for Outdoor Cafes in the Resort Area CONSENT a. Dunes Investment Association,LLC, t/a The Dunes Caf6 re boardwalk caf6 b. Seda Inc.t/a 21st Street Grill Caf6 re sidewalk caf6 C. Atlantic Lobsta,LLC,t/a Mason's Famous Lobster Rolls Cafe re sidewalk caf6 d. Colonial Inn VB,LLC,t/a Fishtails Caf6 re boardwalk caf6 e. Fogg's Seafood Company,Va Waterman's Surfside Grille Cafe re boardwalk caf6 f. Baja Taco's,Inc.,t/a Baja Cantina Caf6 re sidewalk caf6 L. Chix Sea Grille,LLC,t/a Chix Caf6 re boardwalk caf6 h. Fish-N-Bones,Inc.,t/a Fish Bones Caf6 re boardwalk caf6 i. Dandrea,LLC,t/a IL Giardino Caf6 re sidewalk caf6 Jumpin Shrimp Inc.t/a Jumpin Shrimp C66 re boardwalk caf6 k. Scrambled Inc.,t/a Scrambled Caf6 re sidewalk caf6 1. Gold Key/PHR Food Services,LLC, t/a Tortugas Caf6 and Tiki Bar re boardwalk caf6 M. Dunes Investment Associates,LLC,t/a Station 10 Caf6 re boardwalk caf6 J.3. Resolution to ESTABLISH a Stormwater DEFERRED 10-0 Y Y 1' 1' Y Y Y Y A Y Y Management Implementation Advisory Group INDEFINITELY, (Requested by Mayor Dyer and Council Member BY CONSENT Schulman)—Deferred from March 5,2024 (SPONSORS REQUEST DEFERRAL) J.4. Resolution to PROVIDE direction to the City ADOPTED 9-1 Y Y N Y Y Y Y Y A Y Y Manager on the use of funds in Capital Project #100629,"Sports Tourism Infrastructure,"and PROVIDE direction to the City Manager to create options re dedicated funding source for Arts and Culture using existing funding dedications(Requested by Council Members Berlucchi,Ross-Hammond,Rouse,Remick,and Schulman) J.5. Ordinance to AMEND City Code Sections 23-2.1, ADOPTED,BY 160 Y 1" Y Y Y Y Y Y A Y 1' 23-17,and 23-18.1 re curfews and other CONSENT restrictions and regulations during civil commotion to be consistent with state law J.6. Resolution to PETITION the Commonwealth of ADOPTED,BY 1(w) Y Y Y Y Y Y Y Y A Y Y Virginia re convey certain real property to the CONSENT City CITY OF VIRGINIA BEACH It SUMMARY OF COUNCIL ACTIONS S B H S E U S DATE:03/19/2024 PAGE: 3 R T 11 C L H C R A H T W W U E H E M R U A I O C D N E M M O L Y L O C Y L S I O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION VOT[ I R Y N K D E N I R I N N J.7. Resolution to APPROVE a Settlement ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y Agreement with The Adventure Park at Virginia CONSENT Beach,LLC re unauthorized tree removal and to APPROPRIATE the fast installment payment to Parks and Recreation—Tree Mitigation Fund J.8. Ordinance to 1)AUTHORIZE acquisition of(a) ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A l' Y 7.if acres of land at the intersection of Wolfsnare CONSENT Road and Great Neck Road;(b)0.18f acres of land at Half Place;(c)0.17f acres of land at the intersection of Chadwick Drive and Cambridge Drive from Lynnhaven Area Properties,LLC and Washington Square Townhouses,LLC;and 2) AUTHORIZE the City Manager to EXECUTE all necessary documents re the acquisition and the settlement of pending litigation 1.9. Ordinance to AUTHORIZE temporary ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A 1' 1' encroachments into a portion of City-Owned CONSENT property known as Stratton's Creek at the rear of 416 Goodspeed Road re construct and maintain a boat lift and a boathouse and into a City- Owned utility easement re construct and maintain riprap DISTRICT 6 .1.10. Ordinance to AUTHORIZE temporary ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y encroachments into the City's right-of-way known CONSENT as Bobolink Drive at the front of 1060 Bobolink Drive re maintain existing hardscaping, landscaping and irrigation system DISTRICT 6 J.11. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y N' $32,000 of federal pass-through funding from the CONSENT Virginia Department of Emergency Management to the FY2023-24 Fire Department Operating Budget re equipment and training for the Department's Technical Rescue Team J.12. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y' Y l' Y Y A Y 1' $4,000 from the Federal Emergency Management CONSENT Agency(FEMA)to the FY2023-24 Fire Department Operating Budget re FEMA training stipends for certain members of Virginia Task Force 2(VA-TF2) J.13. Ordinance to TRANSFER$4,638,235 from the ADOPTED 10-0 Y Y Y Y Y l' A Y 1' Tourism Investment Program(TIP)Fund to Capital Project#100486,"Winston Salem Avenue Improvements"re allow the execution of a construction contract K.1. SUNSATIONS REALTY,LLC for a Special APPROVED/ 10-0 Y Y Y Y Y Y Y Y A Y Y Exception for Alternative Compliance re J-1 Visa CONDITIONED/ Dormitory Housing for Temporary Workers at AS AMENDED 2500 Atlantic Avenue DISTRICT 6 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B H S E U - S DATE:03/19/2024 PAGE: 4 R T H C L H C R A H T W W U E H E M R U A 1 0 C D N E M M 0 L Y L 0 C Y L S I 0 U M L S T AGENDA H E E 0 C N S A 0 0 E ITEM# SUBJECT MOTION VOTE I R Y N K D E N R N N JI K2_ DAOLIN DONG&JIAYIN WANG/ APPROVED/ 10-0 Y Y Y Y Y Y }' Y A Y Y CHARLES B.HAYES&STRAWBRIDGE MODIFIED/ COMMONS CONDOMINIUM PROFFERED,BY ASSOCIATION for a Modification of Proffers to CONSENT, a Conditional Change of Zoning_re allow retail sales and eating and drinking establishment at 2180 McComas Way,Suite I I I DISTRICT 5 K.3. VIRGINIA WESLEYAN UNIVERSITY APPROVED/ 10-0 Y Y Y Y Y 1' Y for a Conditional Use Permit re Museum at CONDITIONED, 5817 Wesleyan Drive DISTRICT 4 BY CONSENT ti-4- YURVIN JUAN MORALES LOPEZ / APPROVED/ 10-0 }' Y Y Y Y Y Y Y A Y Y FREEDOM LAND INVESTMENT,LLC CONDITIONED, for a Conditional Use Permit re open air BY CONSENT market at 5070 Virginia Beach Boulevard DISTRICT 4 K.5. GEORGE CUTULLE/GEORGE JOSEPH APPROVED/ 10-0 Y Y Y Y Y 1" Y CUTULLE&VIVIENNE MARY CUTULLE CONDITIONED, for a Conditional Use Permit re residential BY CONSENT kennel at 2760 Mulberry Loop DISTRICT 5 K.6. BRANDON SHAW for a Conditional Use APPROVED/ 10-0 Y Y }' Y Y }' Y Y A Y }" Permit re home occupation—retail sales at CONDITIONED, 2076 Mason Neck Lane DISTRICT 7 BY CONSENT K.7. SIREN ARTS STUDIO/RT VIRGINIA APPROVED/ 10-0 Y Y Y Y Y Y Y Y A Y }' HOLDINGS, LLC for a Conditional Use CONDITIONED, Permit re tattoo parlor and body piercing BY CONSENT establishment at 1423 North Great Neck Road,Suite 105A DISTRICT 8 K.B. CECILIA M. PATTERSON / ROCKY APPROVED/ 10-0 Y Y Y Y Y Y Y Y A Y Y LLC for a Conditional Use Permit re tattoo CONDITIONED, parlor at 3920 Virginia Beach Boulevard BY CONSENT DISTRICT 8 K.9. 915C PACIFIC,LLC for a Conditional Use APPROVED/ 10-0 Y Y }' 1' Y Y Y }' A Y Y Permit re short term rental at 915 Pacific CONDITIONED, Avenue Unit C DISTRICT 5 BY CONSENT K.10. MARIBEL JOA/MARIBEL JOA& APPROVED/ 10-0 Y }' COURTNEY A.CURRIE for a Conditional Use CONDITIONED, Permit for a short term rental at 304 28t'Street, BY CONSENT Unit 211 DISTRICT 6 1'. APPOINTMENTS RESCHEDULED R Y (' t) N ti I N s t i S 90-DAY FESTIVAL TASK FORCE ADVERTISING ADVISORY COMMITTEI BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD PERSONNEL BOARD CITY OF VIRGINIA BEACH R SUMMARYOF COUNCIL ACTIONS 0 S B H S E U S DATE:03/19/2024 PAGE: 5 R T H C L H C R A H T W W U E H E M R U A I 0 C D N E M M 0 L Y L 0 C Y L S 1 0 U M L S T AGENDA H E E 0 C N S A 0 0 E ITEM# SUBJECT MOTION VOTE I R Y N K D E N R N N GREEN RIBBON COMMITTEE Appointed: 10-0 Y Y Y Y Y Y Y Y A Y Y Michael Anderson -Representing Planning Commission Unexpired Tenn thru 2/28/2026 HOUSING ADVISORY BOARD Appointed: 10-0 Y Y Y Y Y Y Y t' A Y Y Kevin Kemp- Representing Planning Department Unexpired Tenn thru 9/30/2025 INDEPENDENT CITIZEN REVIEW BOARD Reappointed: 10-0 Y Y Y Y Y l' Y l A Y Y Corinna Craver Joe Jackson James Leach 3 Year Term 5/1/2024- 4/30/2027 MINORITY BUSINESS COUNCIL Appointed: 10-0 Y Y Y Y Y Y 1" Y A Y Y Cynthia Terry Unexpired Tenn thru 10/31/2024 +2 Year Term 11/1/2024- 10/31/2026 PERSONNEL BOARD Appointed: 10-0 Y Y Y Y Y Y Y Y A Y Y Lanitha Hudson- Representing Full Merit Service Employee Member 3 Year Term 3/19/2024- 2/28/2027 SENIOR SERVICES OF SOUTHEASTERN Appointed: 10-0 Y Y Y Y Y Y ti' Y A l Y VIRGINIA BOARD Barbara Booker- Williams Unexpired Tenn thru 5/31/2026 SHORT TERM RENTAL ENFORCEMENT Appointed: 10-0 Y Y Y Y Y Y Y Y A Y Y TASK FORCE Kimberly Denton Nancy Parker No Tenn TRANSITION AREA/INTERFACILITY Appointed: 10-0 Y Y Y Y Y Y Y Y A Y Y TRAFFIC AREA CITIZENS ADVISORY Donn Lee COMMITTEE Jessica Windish Paul Merritt 3 Year Tenn 3/19/2024- 2/28/2027 VIRGINIA BEACH CANNABIS ADVISORY Appointed: 10-0 Y Y Y Y Y Y Y Y A Y N, TASK FORCE Herman Valentine -Representing Minority Business Council Unexpired Term thin 12/31/2025 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B H S E U S DATE:03/19/2024 PAGE: 6 R T H C L H C R A H I W W U E H E M R U A I O C D N E M M O L Y L O C Y L S I O U M L S T AGENDA H E E O c N S A O O E ITEM# SUBJECT MOTION VOl L I R Y N K 1) E N R N N CITY COUNCIL LIAISONS: Appointed: l 0-1 Y Y Y Y 1' Y Y Y A Y Y CLEAN COMMUNITY COMMISSION Jennifer V.Rouse MILITARY ECONOMIC DEVELOPMENT Dr.Amelia N. ADVISORY COMMITTEE Ross-Hammond M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT 7:11I'M