City Council Meeting, 5/19/2026

Call this meeting to order. Uh, Vice Mayor Wilson and Amelia Dr. Ross Hammond will not be with us today.

So, uh, Mr. DeHaan, we're ready to roll.

All right. So, Mr. Mayor, members of council, at this time acting director of economic development, Emily Archer, will provide to the council a overview of an exciting opportunity to address our parking issues around the convention center sports center area. So, Emily Archer, go ahead. The floor is yours.

Good afternoon, Mayor.

Welcome.

Members of city council, thank you for having me.

Um, here to update you, as the manager mentioned, on RFP process to date on the public structured parking garage at 19th and Parks Avenue.

Next slide.

Pardon our technical difficulties.

The purpose today is to go over the review of the 19th Street Parks Avenue, um, garage RFP process, uh, provide an overview of the proposed concept and development terms negotiated, and seek your direction on next steps. The Oop, excuse me.

The, uh, site in question is the red star on the graphic on the right. It's a 1.73 acre city-owned parcel at the southeast corner of Parks Avenue 19th Street, just catty-corner from the convention center. It's currently, uh, surface parking lot with 109 spaces.

I guess what Um, how we got here. Uh, starting the past couple of years, as a result of the increased activations occurring at the convention and sports center, parking challenges are routinely experienced, particularly during concurrent events.

There's limited inventory, there's parking delays for guests coming and going, and enforcement creates unfavorable impressions with our guests.

Shuttles and overflow lots are routinely employed at at a cost.

Um And these challenges are inhibiting our ability to recruit and retain large events.

Um also last spring in April 2025, um a future vision plan was presented for this area as part of the Central Beach Small Area Plan. And that red that little red box kind of category in there, a public parking garage was envisioned with complimentary uses. Um to support the convention center parking challenges as well as Central Beach area as a whole. So, following that small area plan, we were um given directed by

you to release the RFP.

And that went out in July of 2025 and was advertised for 90 days.

Um for a public parking garage with other complimentary uses. We received six submissions in October 2025. Uh three respondents were shortlisted after an evaluation convened and reviewed with council review as well.

Uh interviews were held in December.

Negotiations began with the top respondent after further evaluation committee and council review in February.

Uh the respondent is Running Meet Corporation, uh supported by lead architect and designer Hanbury, lead engineer Kimley Horn, and the general contractor W.M. Jordan.

The proposals for 1,048 space garage, 18,000 square feet of two-story retail.

The image on the right is from Parks Avenue looking southeast. So, that retail two-story you can kind of see there situated on the corner.

Um a sports bar, a restaurant, coffee shop are all envisioned at this time. Uh Parks Avenue will continue south to 18th Street and punch through. An underground storm water management facility is envisioned as well.

Um So, about the 18,000 square feet of retail use about 80 spaces in the garage depending on the retail mixture.

Um so, that's 968 public parking spaces available in this garage. If you subtract out the 109 nine surface spaces that are there now, it's 859 net new spaces of inventory for the convention and sports center.

There's about 2,513 spaces there today. So, that would bring the total inventory of the convention sports center to 3,372 spaces.

Um more on the concept plan.

[clears throat] You can see kind of the blue and green around that corner. That's the restaurant retail space is a ground level plan. You can see Parks Avenue coming through to 18th Street. An existing BMP and existing parking will remain west of there.

The entrance to the garage will be off of Parks Avenue or 18th Street. You can see the two entrances.

And then there's this uh multi-color on the ground floor to the right. Uh currently, the Old Beach Farmers Market meets in Five Park and 18th Street and the idea is on rainy days, they would have a shelter shelter place to hold the market events still in the ground floor of that bay of the garage. Also, in [snorts] the bottom right corner of the image, there's um a screen envisioned on

the facade of that garage. So, from Five Park, which is on the bottom right of the screen, would have a place to project movies or other community uh activations there.

Here's a diagram that kind of shows that the garage is envisioned more than garage is to be well integrated with the Vibe District. Um with street level interest on 19th Street as well as art activations on the facade. That top right image, you can see kind of the multi-colored facade. That's like a screen printed art that could be applied to the facade of the garage. We envision open call to artists occurring uh in

collaboration with the Vibe and the Public Art Committee to decide what that art should be.

Um you can also see the movie screen on that eastern facade and how the Old Beach Farmers Market could align itself in the ground floor with the little tents in red there in the image.

The development agreement terms negotiated to date.

The garage will be owned by the PBDA and operated, managed, and maintained by city's parking management. Uh the retail portion would be its own separate condo unit.

Um leased at $1 a year for 42 years, uh renewable for up to three 20-year terms.

They would have the right to lease sufficient spaces for the retail patrons in the garage. The total um share of the city's costs is not estimated to exceed 37.7 million at this time. That's about $36,000 per space.

Um but all that's being requested at this time is a pre-development phase uh to deliver 35% design documents, a firm guaranteed maximum price, detailed schedule, and leasing strategy for the retail.

Um that pre-development will be capped at 1.9 million, and the developer would have their own contribution to that pre-development phase, and that would be capped at $308,000.

There is funding available in the resort parking district CIP to fund the pre-development uh contribution. That CIP was established for the purpose of increasing parking inventory at the resort through public-private partnerships.

Um the 18,000 square feet of retail would be privately financed. It's estimated that would be $78 million in private financing.

Um and if we are able to move forward at this time, they estimate a mid-2028 garage delivery.

So for your consideration, um would be to authorize a pre-development agreement and the city's contribution 1.9 to get to that 35%.

Um if uh you can see a potential schedule up there, a public vote and hearing could occur in June.

Uh this would set up a future vote on that uh firm GMP and Fuller development agreement and the facility and the land transfer to VB data facilitate that development at a future date.

Thank you.

Okay, open for discussion Worth and then Stacy. Thank you, Mayor Dyer. Thank you, Ms. Archer for the presentation. Just a question and then a a comment. So just a for the public's understanding of the what's being considered today, the pre-development cost. This is really needed so that the developer can be sure to uh give us a maximized price of approximately $38,000 per stall cuz right now it's kind of back

of the napkin uh for that and so it's a risk on their part and our part for that matter as well. So this is money to make sure we're not going to need future uh money and uh this goes away if some reason I guess this is at risk. So just to be fully transparent if this never happens, we're out $1.9 million, but I feel very confident that this is

the right way to go forward and I'm and I go and this could this cannot happen quick enough. This past weekend we had so much activation at the ocean front. This is border borders on the vibe as well as a sporting event center and we need about three more of these in the resort, but this is a the first one.

Yes, sir. Thank you. Stacy.

Uh can you go to slide six?

And so we're talking 1,048 spaces uh less 80 [clears throat] retail.

And I've taken it those 80 retail are what on page nine you were talking about they would have the right to lease.

Correct. So and capped at 80 spaces. So we would want their tenant mix We would like it to be whatever spaces they get to serve correctly the retail mix that's there for parking standards. So, Yes, so that it's envisioned to be by 80, but until they know that retail tenant mix here, we would set the firm price at a for a future the firm cap that they would get at a future it's capped at 80 spaces

that they can have.

It's plus or minus right now. We anticipate based on what they are proposing right now, it'll be around 80 spaces, but it could be 83, it could be 74, 75. As they get further into design and also come up with their leasing strategy and plan, all that will be presented to the council, and then we could determine what we want to cap it at. But right now we're projecting around 80 spaces, sir. That's something

[clears throat] we need to keep an eye on cuz I we need those parking spaces for general public Yep. sports facilities. And sir, that won't be that'll totally be up to the council's discretion on what we provide to them as well. They're just giving us a general idea that they're expecting around 80 spaces for the retail space, but you all would determine what of your public garage you want to allow them to lease.

And then on page eight

page seven.

Page seven? Seven. Seven, yeah.

Yeah.

Park's Avenue It shows here that that's coming through.

Who's building Park's Avenue? So, that would be part of this development as part of the whole development with that development cost. Okay. Yes. All right, great. Thank you. So, go over slide nine please.

All right, so it's anticipated right now, and you know, obviously we're trying to get a 35% to shore up those numbers, but it's projected right now that all of that should be able to be constructed within that 37 million dollar price tag that we see there. But obviously, we're going to 35% to verify that to the maximum extent possible.

Hey Hutchins, Josh. So, just [clears throat] to reiterate what Councilman Rymer said is that and and just cuz I'm still relatively new at this part, the 35% is really when we start to dial it in so that we can feel good about the number, right? That's the whole goal. It cuz it seems like more and more here lately, we're we're bringing in a stuff to talk about 35% before [clears throat] we move

forward so that because of the fluctuations at the top, right?

Yeah, that's right. Yeah, so usually before we used to be able to bring you a preliminary engineering study and because pricings were pretty static and there wasn't too much fluctuation in the construction market, we kind of were able to stay within that ballpark because of the current state of the labor and construction market, it's better to get further down in design so you got a better sense of what you may

actually end up contracting for. Okay, and so then my next question is is along the lines of Councilman Cummings with the parking spaces. Namely, I know you said 3,000 and some, I'm not worried about the exact number, but do we do we know like as we were talking about a minute ago when everything is activated down there like how far we are short? I mean, is it is it 25? Is it 125? I know

frustrations at 100%, but the natural numbers.

Okay, come on. Yeah, sorry.

All right.

I don't have those exact numbers, council member, but I can tell you that it's significant. It does vary by event.

Um for example, we have 5,000 wrestlers that are participating in an event this coming weekend. And so, if you look at the athletes that are participating, family and friends that are spectators, in addition to the staff and the employees um the magnitude of how short we are is is extensive. Yeah. And Patrick, and Mr.

Mayor and Councilwoman just I do want to mention as well like I think if Councilwoman Clark says this is also part of a of a wider vision for parking downtown as well. Because one of the issues that we have is that even though we pay for shuttles and we partner with our hotels, there is no incentive for folks to actually take advantage of those amenities we offer. The goal here was

that we would start to build this out then start to charge for parking as well because like this is going to be a significant operational cost to the city let alone debt service. So the goal is to start charging for parking around the convention center sports center area to help underwrite some of that cost, but it also create incentive for folks to take advantage of some of that shuttling

that we're already paying for. Leave your car at your hotel and take advantage of the shuttling that actually come up to the the event as well. So it's part of a bigger overall look and we as Councilwoman Clark we plan to bring up that conversation again to start charging for parking down there for next season. So to keep going with that is is that two two things. One is one's a question and

then a statement. The question is is like okay so we're gaining I think you said 800 and some, you know, not exact, but um that will it feels like to me that will handle what's going on right now. It will certainly assist, yes sir. And to the manager's point, um our new parking administrator is really looking at our parking as a system rather than the specific physical assets. And so that's

why you see us also implementing pricing as we've previously discussed. So we believe that with the addition of this parking garage as well as this new approach to parking Yeah. um that this will alleviate some of the concerns. Well, the the statement is is that so I had a fire conference meeting, you know, that I'm the co-chair of and they were hitting me oh now we're going to start paying for parking and I I said

you know, it'd be different if I didn't know you all.

It is is that you're we're all going to the same place from about the same 10 hotels and we're driving, everybody's driving themselves. I was like, we could cut these cars by 2/3 just coming down here and just car, we we ride in trucks of three and four and when we're on work. It's like, we should be able to do the same thing. So, it is definitely a cultural thing down there to drive your

own vehicle. I get it if you're coming from one of our districts, you know, down there for an event. That's one thing, but if you're staying down there, use the use what we can offer you. Any way we can make that happen, I'm for.

Well, it's funny cuz when I actually go to Busch Gardens, you got to take a second mortgage to park. Yeah, and a tram. Yeah, you're talking very expensive.

Yeah. And when I was in Tampa, I think [snorts] it when we went by the uh their aquarium, I think it was $35 to park.

Okay, but once again, you know, you know, we're victim of our own success.

We're going to go Josh and then Jennifer. Thank you, Mayor. Thank you, Emily, for the for the presentation.

Um I you know, what I what I like most about this is we've got you know, a partner who is you know, a potential partner here who's intimately familiar with the area, who is deeply rooted in our arts and culture community, who is going to make us something other than just an ordinary parking garage, something aesthetically pleasing, something that will serve as a community space as well.

Um you know, they're they're familiar with their neighbors. They're they're they're they're good neighbors to the you know, the vibe they they take part in the vibe and the and the and the farmers market.

Um so, I I'm looking forward to to seeing what comes of this and and I guess my only question would be the private retail argument. So, this is going to be a condo, correct? So, city the BBDA will own the garage unit.

And the retail units will be owned by the by the by the private sector, right?

Yes, sir. Okay, and there will be some sort of maintenance scheme or capital reserves to make sure that everybody's and the lease is structured as such so that we can make sure that the asset is preserved and maintained. Yes, sir.

Okay, thank you.

[snorts] Any other questions? Thank you, Mr.

So, the pros being it creates turnover so that folks aren't parked all day and it frees up spots for folks.

But then for parents, for example, going to a wrestling tournament and if their child is participating all day, the impact of [clears throat] needing to be parked because they're part of a conference that it's a very long the participation is very long. So, is that part of the dynamic pricing in terms of trying to tease out if you're there for a conference or something that you have to be there for hours at a time

as opposed to someone that can kind of get in and out to create turnover. So, those details aren't cemented yet, but this also probably likely would be subject to the voucher program the city council created for city residents as well. So, as the council recalls, there's a certain amount of parking that will be free for residents as part of that as well. That's also one of the things that we're going to have to

navigate as well as like how do you address the pricing for folks that are there for all day conference. We will probably work to tailor that different depending on the the conference, right?

So, the goal is to create the right kind of turnover but not to create it in a way that you're pricing people out that really need to use the space. So, we will work on all those things as we bring something forward for council to consider.

Okay, anybody else?

You know, way back in July 1st of 2004, when I first took my first day as a councilman and back then I had District 147.

Uh the thing I heard often was parking at the oceanfront. A lot of the folks that lived in the village did not want to go to the ocean front because they couldn't find parking.

And that was something that we have been wrestling with for a while.

Now at least with Atlantic Park, we have two garages [clears throat] right in the middle of the ocean front. Uh and uh the sports center is dramatically you know that when those wrestlers come in, you're going to see a bunch of folks there.

And uh you know in bringing in the people, you know sports marketing and everything. But once again, this is just a piece I think Stacy was alluding to this is a piece of the puzzle.

And you know I think this is a good positive step and you got an extremely reliable developer [snorts] and team.

You know this can really turn out to be a win-win for everybody.

Okay.

So Mr. Mayor, just to clarify, the next step would be to do a public hearing and then also a VEDA vote and go to city council for consideration of this. And as council recalls, this isn't for the whole project. It's really to authorize the pre-development due diligence phase to get the 35% design and we'll work on the other elements like the development agreement and the land transfer VEDA at a later time.

Okay, thank you. Okay, thank Appreciate it.

Okay, I think we're going to move on to council discussion right now.

If you don't mind, I'll kick it off.

Uh as I indicated previously, previously, we're going to put together a mayor's task task force and we're going to call it the mayor's task force on the safety and you know continued safety for Virginia uh for a safer Virginia Beach. We are a safe city.

And you know but once again, we have to make it safer.

And if you've been following the news around the region lately, you know Virginia Beach is it's not a unique situation that we are going through right now.

But once again, it's a situation that we must confront. And let me just say you know, I'm going to take a few minutes here because this is important. Uh you know, being a physical therapist for 4 and 1/2 decades, you meet work with people at the worst time of their life.

They're in crisis.

It's a simple formula.

What is the problem? And you have to be honest about what the problem is, what the problems are.

What caused the problem?

What's the plan to fix it? But then again, what are the short-term goals that you need? What are the long-term goals that you need? And if you're not achieving the goals, you go back and look at the plan.

And you know, once again, this is a problem. This is a situation that is generic to the entire country.

You know, we we just have a culture of violence that is sweeping across our country and the 757.

And the point is we can't go to Washington and fix it, Richmond or fix it. Yeah, but we're going to ask those folks to help us.

But we have the ability right here in our city both within our city and then working with the other cities and our other partners in Richmond to come up with the solutions that we have to.

You know, we have a new paradigm. We've always had a quote behavior problem at the oceanfront for some decades now.

But once again, and you know, there is a seismic shift in culture out there where more and more youth are carrying firearms.

And then once again, uh you know, we have to get back to being a nation that, you know, enforces and respects laws, but that's going to take some doing.

But in the meantime, we have to be proactive. And the one thing that is going to help us get across the finish line are establishing the relationships with all the stakeholders.

Uh you know, as we mentioned uh Patrick and uh Chief Nogaid and I, you know, we went in front of the RAC.

And you know, we were just we were honest with them.

And I think, you know, Patrick, we stimulated an interest where a lot of people at the RAC said, "Hey, like to be on the a task force."

But once again, I have an old saying that uh the definition of a camel is a thoroughbred racehorse designed by a large committee.

And the thing is by keeping it focused and uh you know, limited and focused, you know, I think it's going to be an advantage of it. Uh so, once again, uh we're going to look that you know, we're going to take this with immediacy. We would like to have it completed by October.

Uh so, we can have a legislative package uh you know, because some of this is going to require legislation.

And the task force is going to be expected to gather, develop, and review recommendations over a span of six task force meetings. We're going out into the village. We're going to be talking to the stakeholders.

We're going to be talking to people about various inputs, things going forward. Uh the meetings uh will be you know, listening sessions and you know, facilitated by a professional of that.

But once again, uh the concept of having a mayor's appointment, we can get it up and running quick.

And but once again, let me just go through the list here.

Uh first of all, I asked uh both Senator Christie New Craig and Delegate Michael Fegans if they would be willing to help co-chair this.

And if you notice, we have one member of each political party.

And uh and we have uh uh you know, but once again, but also from the two houses, you know, the House of Delegates and the Senate person. Uh that both indicated that they're willing to help with the situation.

Uh the people we would like to work with are the Atlantic Avenue Association, Central Business District Association, Commonwealth's Attorney, faith-based organizations, Human Rights Commission, Juvenile Probation, uh the Police uh Citizen advisory committees, uh public health and medical professionals, the wreck, public schools courts hotels police uh Restaurant Association, and you know,

get some of the youth involved in what we're trying to do here.

Um but once again, I'm going to ask the council for two things.

There is plenty of opportunity for each of you to engage in a segment of the conversation with the group that's going forward.

Uh you know, some of you are adept at public safety. Uh there are social social problems that we're going to have to look at. Uh you know, but once again, you know, we're talking about bringing in not only the Commonwealth's Attorney, uh Judge Lewis volunteered to help us out a little bit times and figure out what we can and can't do. I think that's the important important thing is to take

away the ambigu- ambiguity of you know, some of the things that are hampering us.

But uh but once again, you know, but once again, I want your input. Be honest with you, Michael Balducci came to me, "Hey, there's a guy in Juvenile uh you know, Probation that is really a dynamic good guy which and turned out and yeah. But once again, as you know, I'm always open, you know, to listening and engaging with each of you. The whole thing is this will be a success

if we just go over forward and build relationships.

Take advantage of the ones we have already, but also to establish new ones.

My friends, this is not going to be a quick fix.

This is going to take a long time.

Uh you know, in terms of long-term strategy, we're going to approach the schools to work into their curriculum throughout the Commonwealth.

Uh you know, de-escalation skills, you know, confront the bullying that goes on and you know, some of the other things that are going on. And that's going to take a while.

But once again, and then uh you know, and and you know, Cash, you always bring up parent engage yeah, engagement. I think that's going to be critical.

Uh there was a sit bad situation that had happened up in uh Washington, D.C.

And you know, the prosecutors up there saying, "We got to get the parents involved with the youth."

You know, this is going to be a tough challenge that we're all going to have.

But I'll tell you what, I really think that we have a council that is dedicated to finding problems. We have a management staff that is dedicated to it.

We have some of the finest public safety uh people you know, in the entire nation willing to engage this.

Uh but once again, uh journey of a thousand miles begins with the first step and we're ready to take that first big step. Uh any you know, uh comments or anything at this point?

Okay, let's go ahead and we're going to get it done. And we're going to do it together. Thank you.

Okay, uh any other uh council comments or discussions?

Oh my goodness, what a relative thing to hear we got. Yes.

And no others, then I'll I'll come in.

I just want to take a minute.

Uh Does that surprise to you?

That's all good.

Uh My you're a wallflower. My goodness.

I just want to take a minute to introduce two very special guests that will have with us this afternoon and this evening.

Um Serena and Aaron, both from Green Run Collegiate. If y'all want to stand up for a minute and BE RECOGNIZED.

UM THEY'RE THEY'RE BOTH HERE. THEY'RE juniors at Green Run Collegiate and are here to learn about um about what we do on behalf of the amazing citizens of Virginia Beach and I had a chance to talk to them for a few minutes before the meeting began and they're very interested and asked very insightful, probing questions about the many different um responsibilities that we have here. And I know you all agree

that one of the best parts about this job is opening the doors um to City Hall for all people, especially for young people to get a chance to learn about what we do and sit in our chairs that they'll be occupying one day in the future. So, thank you for being here and um we're thrilled to have you and um look forward to spending the day with you. That's right. Good stuff,

Josh. Well, see what you started, Michael.

Congratulations and thank you for being here. Uh you mind if I announce our town hall? Okay, the the joint uh there's going to be a joint community meeting uh May 27th from 6:30 6:00 to 8:00 6:00 to 8:00 uh at Cox Cox High School.

See, we're taxed even at even here. So, it's uh both of us hosting it. It's on the Crystal Storm Risk Management Study um and um some of those initial the initial look that we got a couple weeks ago um just just to help uh educate the public and ourselves um on what will be a long a long road forward. Um and then June 8th um from 6:00 to 8:00 at

Williams Farm Rec Center, I will be be a town hall uh for District 9 on the Pleasure House Point Wetlands Mitigation Project uh the Wetlands Restoration Project of a project update um and just an opportunity at to to answer and or ask questions and have them answered.

So, thank you.

Great.

Stacey.

And tomorrow night, I will be having a town hall meeting starting at 5:30 at the Central Library.

And the topic of discussion is uh small business. What can What can the city do to help uh invigorate or su- sustain small business here in Virginia Beach.

And then of course any questions anybody has to bring ready to answer.

Well, good. See, we did have stuff to talk about. And that reminds me, Emily uh from Economic Development and I were in her marvelous thing uh at the Sandler uh Center this morning. We had the small business group there.

And I'll tell you what, what were there about 100 people or so?

Yeah.

And it was just small folks. And what they're you know, what the the intent was to really educate people how to keep write contracts to procure government contracts and everything. It was a very well-done event. Once again, [snorts] our folks in the Economic Development, our SWaM office, and then when you think about that, we have a Minority Business Council that is you know, as you know, very proactive

in helping all of minorities, SWaM, and everything. You know, Virginia Beach is going in the right way. And I really appreciate you doing that, Stacey.

[snorts] Thank you.

Okay.

And at this point, consent agenda.

[clears throat] Our ordinances and resolutions, the first one is a resolution to authorize the mayor to execute an eighth amended charter agreement of the Hampton Roads Workforce Council that adds two Eastern Shore counties, Accomack and Northampton, and removes Gloucester County from membership.

Uh two is a resolution to approve the assignment of the tourism development finance program performance agreement between the city, the Virginia Beach Development Authority, and the Cavalier Hotel developer in connection with the proposed sale of the properties. Mr.

Worth, did you have a question? Yes, sir. Thank you, Mr. Mayor. Could I ask city manager, maybe city attorney to to explain this a little bit more for the public to understand cuz there's a little bit of misunderstanding on this.

So, I'll take a stab at it then Mark can definitely probably clean up for me as well. But, from our understanding of this is that this is a a a transaction where basically the developer of the hotel is selling to a another party and part of that is that they want to assign some of the agreements that they have with the city over to that other party.

Our initial review of um the proposed assignment, it means we don't see anything that would cause us to not recommend council to move forward with that assignment. The city's interests are protected and we don't see any potential harm from the city from a financial or legal standpoint. And Mark, I don't know if there's anything else you want to add to that.

All right. Just Just to go a little further back into the background, this is a program that is developed under state law that is designed to facilitate tourism projects throughout the Commonwealth. Um it involves uh projects where there is a a gap in available financing. Uh this facilitates financing by providing an additional revenue source uh to help repay the debt.

Uh the debt is the developer's debt. It is not the debt of the city or the state or the um VBDA.

What happens is the revenue generated, specifically sales tax revenues, 1 cent of the city sales tax, 1 cent of the state's, and then a 1 cent contributed by the developer, which is called an access fee, which is also passed through to the consumer. Those are all collected and remitted to the VBDA. The VBDA then will make those money available to the state comptroller, who will then make

quarterly payments in support of the debt of the developer until the gap is paid. So, this is all but four money. The assignment, these contracts have been around for several years. The the the As I said, neither the city nor the VBDA has any liability for the underlying debt, and it's only the tax revenues generated and dedicated that are at play here. And there's no reason to believe, or we have no reason to

believe that this assignment would in any way increase or generate any risk on the part of the city.

And if I could add, I think this helps us, the city, because the current owner has been paying the gap financing loan, and this continues this this requirement for the new owner to continue to pay that the gap financing until it's fully paid off. But to me, this is a good thing.

Okay, thank you, Worth. We get You got the clarification, I hope. Yes, I did.

Okay.

Okay Barbara.

Okay, going [clears throat] back to the agenda, this would be item three.

[snorts] An ordinance to authorize temporary encroachments into city-owned property in Monona's Lake Wesley to relocate, reconstruct, and maintain the previously approved boat lift, and construct and maintain a new skiff jet ski lift and maintain existing wood pier at the rear of 508 Southside Road and this is District 5.

Item 4 is an ordinance ordinance to authorize a temporary encroachment into the city-owned property known as Lake Joyce and maintain an existing timber bulkhead and construct and maintain a timber pier and riprap revetment at the rear of 4218 Ben Gunn Road and this is a District 9.

Item 5 is an ordinance to authorize the acquisition of 7.04 plus acres of a portion of property at 4188 Yorktown Boulevard in Midway Manor from the United States of America Department of Navy and establish capital project number 100754 known as Midway Manor and transfer $3 million from capital project number 100641 the open space acquisition part 4 to this capital project number 100754.

Six is an ordinance to amend the fiscal year 2025-26 Department of Housing and Neighborhood Preservation budget accept and appropriate $1 million from the Federal Department of Housing and Urban Development HUD and appropriate $60,000 from the Federal Section 8 fund balance to the fiscal year 2025-26 Department of Housing and Neighborhood Preservation regarding the Housing Choice Voucher Program and Operations.

Uh this is a rather long agenda item agenda for us.

Uh item 7 is an ordinance to accept and appropriate $47,520 from the Virginia Department of Education Child Care Subsidy Program to the fiscal year 2026-27 parks and recreation operating budget regarding the expanded access to preschool services.

Item eight is an ordinance to accept and appropriate $12,650.50 from each of the following region that region five community service boards Hampton-Newport News, Western Tidewater, Norfolk, Chesapeake, Portsmouth colonial behavioral health and the middle peninsula northern neck behavioral health to the fiscal year 2025-26 human services operating budget to provide cost share support for the

regional Marcus alert liaison position.

And item nine is an ordinance to transfer up to $1,213,358 in general fund vacancy savings to the fiscal year 2025-26 sheriff's office operating budget regarding the increased food and medical costs. North the planning.

And then we have all the planning items.

Do we read those as well? I'm afraid so, Mrs. Hampton. Okay.

All right, get settled in. We've got a long That's why they pay us the big bucks.

All right, here we go.

Uh for planning Uh number one is the Lighthouse Development LLC for a variance to section 4.4B of the subdivision regulations regarding the resubdivision of six existing parcels to create five single family lots at 125, 129, 133, and 137 in the Ash [clears throat] Avenue and that's in district four.

Uh and the recommendation is for approval.

Number two is the Light 7B Virginia LLC uh R. Dawson Taylor LLC for a variance to section 4.4B of the subdivision regulations regarding the subdivision of two existing parcels to create a buildable lot for a 7 Brew coffee shop at 1605 Laskin Road and parcel south of 1605 Laskin Road and that's District 6.

The recommendation is approval.

Item three is Richard P. and Helene D.

Schroeder for street closure regarding one half portion of an unnamed, unimproved 15-ft wide alley adjacent to the rear of 621 Vanderbilt Avenue [snorts] in District 5 and that recommendation is for approval.

Four, Cavalier Advisors LLC for a street closure regarding one half portion of an unimproved, unnamed alley adjacent to 4504 Myrtle Avenue in District 6 and that's recommended recommended for approval.

Item five Joseph L. and Krista A.

Sullivan for a street closure on one half portion of an unimproved, unnamed alley adjacent to 4502 Myrtle Avenue in District 6 and that's recommended for approval.

Item six is Steve Barnes and Steve R.

and Cynthia W. Barnes for modification of conditions to a conditional use permit for their food truck and picnic tables at 1100 Sandbridge Road and that's in District 2, recommended for approval.

Item seven, Commonwealth Brewing Company LLC for modification of conditions to a conditional use permit to allow for an additional 180-day extension in order to obtain all permits and commence construction at 2440 and 2444 Pleasure House Road in District 9 recommended for approval.

Item eight, Montessori Schoolhouse LLC Hong Quang Shen and Shang Fang Lee for a conditional use permit uh for a family daycare home at 249 Brickhaven Drive in District 1, and that's recommended for approval.

[snorts] Nine Colon Nanary uh and Lower 40 LLC for a conditional use permit regarding a bicycle and moped rental establishment at 3713 Sandpiper Road in District 2 recommended for approval.

10 Reagan Nutson for a conditional use permit for a home-based wildlife rehabilitation facility at 3421 Alcott Road in District 8 recommended for approval.

Item 11 is Pembroke Square Associates LLC for a special exception for an alternative compliance to deviate from the build two zone requirement of the Central Business Core CBC District Form Based for development of a 284 unit mixed-use building within the interior portion of the Pembroke Mall Redevelopment Area at 4554 Virginia Beach Boulevard, and that's District 9 recommended for approval.

Item 12, Jason Jason Scott Cromley for a conditional use permit for a short-term rental at 213 16th Street in District 5 recommended for approval.

Item 13 uh Mid-Atlantic Property Holdings LLC for a conditional use permit uh for a short-term rental at 4005 Atlantic Avenue, Suite 101 in District 6 recommended for approval.

Item 14, Thomas Glenn Davis and Nancy Rodeo Davis and Thomas Glenn Davis for a conditional use permit for a short-term rental at 4005 Atlantic Avenue suite 205 in District 6 recommended for approval.

And item 15 an ordinance to amend the city's zoning ordinance section 1001 for crematories in the industrial district and that's recommended for approval.

Well, we made it through that unscathed.

Aren't you glad we aren't doing those the way we used to do them? We'd be here all night.

No, but I'll tell you what, that's a good thing.

All right.

Any questions or concerns about that?

All right. I think we're ready to go to close. Okay. The chairman will entertain a motion to recess into a closed session pursuant to the exemptions from open meetings law by section 2.2 3711A Code of Virginia as amended for the following purposes.

Publicly held property. Discussion or consideration of the acquisition of real property for a public purpose or the disposition of publicly held property where [clears throat] discussion in an open meeting would adversely adversely affect the bargaining position or negotiating strategy of the public body pursuant to section 2.23711A3 and we have one in District 2 and one in District 5. And then a public contract.

Discussion of the award of public contract involving the expenditure of public funds and discussion of terms or scope of such contract where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body pursuant to subsection 2.23711A29.

And Academy contract and also project ramp and then public Pembroke parking.

And then personal matters discussion or consideration or interviews of prospective candidates for employment assignment appointment promotion performance demotion salaries disciplining or resignation of specific public officers appointees or employees of any public body pursuant to section 2.2 37 37 11 A1 and that's council appointments of boards commissions committees authorities agencies and appointees so I

have a motion.

So moved. Second. Okay.

Councilor Balducci? Aye. Councilor Cummings? [clears throat] Aye. Councilor Connelly? Aye. Councilor Hutchinson?

Aye. Councilor Jackson-Dyer? Aye.

Councilor McLaughlin? Aye. Councilor McLaughlin absent. Councilor Raul? Aye.

Councilor McLaughlin absent. Aye. Vice Mayor Wilson? Absent. Mayor Dyer? Aye.

Mayor McGovern?

Recess to close. Okay, we are recess until close.

Welcome all. I'd like to call this meeting to order and if you are so willing and able please stand for the invocation.

Okay, heavenly Father you are always with us.

Be with us this evening as we consider the affairs of our great city.

Give us the patience to listen and the wisdom to decide and the strength to act. Amen.

And if we may we could if you please lower your head for a moment of silence in tribute of all those who paid the ultimate price to keep our city and nation safe.

Thank you. And now, the pledge of allegiance.

I pledge allegiance to the flag of the United States [clears throat] of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Okay, thank you.

Madam Clerk, do we have a roll call?

Yes, Your Honor. All present saluting Vice Mayor Wilson and Council Member Ross Hammond. Okay, thank you.

Um, do we have a motion for the certification of the closed session? So moved. Second.

The vote is open. Ah, thank you.

Mayor, may I have your vote? All right, there we go.

Ah. Thank you. By vote of 9 to 0, you have certified the closed session to be in accordance with a motion to recess.

Okay, thank you. Um, do we have a motion to approve the minutes of the formal session of April 28th, 2026, the informal and formal sessions of May 5th, 2026, the special formal session May 12th, 2026 in the conference room 2034, and also the special formal session of May 12th, 2026, the budget adoption.

So moved.

Second.

Okay.

The vote is open.

Here we go.

By a of 9 to 0, you've approved the minutes as submitted.

Okay, at this point is point where the council really likes to honor those who deserves honoring. Our first proclamation is for Asian American and Native Hawaiian Pacific Islander Mental Health Day.

And do we have the people involved with that organization to please come on up?

Hello, how are you? Come Come on all of you, come on up.

They're needed.

And I've asked my friend and colleague Josh Scholemann if you would be so kind to do this.

Nice to see you and it's an honor to read this proclamation.

Whereas the Asian American, Native Hawaiian, and Pacific Islander community is among the fastest growing and most diverse racial groups in the United States.

Asian Americans, Native Hawaiians, and Pacific Islanders have made remarkable economic, political, and social contributions and have grown by 44.99% in Virginia since 2010. From 537,621 to 779,508.

And whereas approximately 25% of Americans experience and are diagnosed with a mental health condition in a given year impacting all communities regardless of race, ethnicity, age, socioeconomic status, sexual orientation, gender identity, and gender among other factors. And whereas in this country there is a critical need to raise awareness about mental health particularly within the Asian American,

Native Hawaiian, and Pacific Islander communities to destigmatize seeking help and to gain access to culturally and linguistically competent community services. And whereas Asian Americans, Native Hawaiians, and Pacific Islanders use mental health services at the lowest rates among ethnic populations, this may be due to the substantial stigma that exists among Asian Americans, Native

Hawaiians, and Pacific Islanders, as well as cultural and linguistic needs of the community, family, and individual.

And whereas there is a critical need to raise awareness about and advocate for health care policies that increase the accessibility of mental health care services. And whereas raising awareness about the mental health of Asian American, Native Hawaiian, and Pacific Islander communities, past and present, encourages professional interest in health and human services careers, and fosters a diversified workforce that

reflects the community. Now, therefore, I Robert M. "Bobby" Dyer, Mayor of the City of Virginia Beach, Virginia, do hereby proclaim May 10th, 2026 as the Asian American, Native Hawaiian, and Pacific Islander Mental Health Day.

In Virginia Beach, I call upon all citizens of the City of Virginia Beach to join in observance. In witness whereof, I have hereunto set my hand and caused the official seal of the City of Virginia Beach, Virginia, to be affixed to this 19th day of May, 2026.

Thank you.

Well, all right, THEN.

YEAH. YEAH. YEAH.

[snorts]

HELLO COUNCIL. HELLO CITIZENS. My name is Dr. Melody Agbayani and I am the founder of Cultural Wellness and Consulting, a mental health practice created to address the gap in racial cultural needs serving the Asian American and Pacific Islander population. Thank you so much and I appreciate it from the bottom of my heart. Virginia Beach is part of a national effort from the National Asian American

Asian American AAPI Pacific Islander Mental Health Association to create May 10th as the AAPI Mental Health Day.

So we are part of not just the city of Virginia Beach where 7.4% are AAPI members.

AAPI Mental Health Day was created to address the needs of the Asian American population and to address the gaps in in the service we have. We are one of the lowest populations to seek professional professional help and that is because of a lot of the barriers whether it's cultural barriers such as stigma, reliance on family, religion, or um or societal barriers such as you know cult like cultural barriers um

language gap, and and things like that.

Um it hasn't been as accessible to the Asian community because we look within ourselves, but the need is there and the need is growing. As I see more [gasps] grandmas and grandpas coming to therapy as well as the younger Gen Z coming in, it uh makes me excited to see that uh not only the acknowledgement that even though there's a model minority myth that we don't need help, and even though

we may seem like, you know, we have our career, we have our family, we have our faith, um there's a hidden need that um we all have this pressure uh and sense of obligation to look a certain way. It doesn't mean that we're not hurting inside.

So, with this day uh I'm honored to have um received the proclamation on behalf of the national effort to make awareness for this day.

And thank you, and God bless you for what you do. You know, Virginia Beach uh gets kudos for being the most caring community in the entire country. It's folks like you that make it that way.

Thank you. Thank you so much.

Thank you.

You know, Virginia Beach gets a lot of kudos for being a great place to live, work, and play.

But, there are just some people that are movers and shakers that really define the passion and commitment that people have.

And Carolyn Garrett, would you kindly come up?

How are you?

And at this point, I'm going to ask my friend and colleague, Michael Berlucchi, if you would do the honors. Thank you, Mayor. Well, you often begin this section of the meeting by saying this is our opportunity to honor those who deserve to be honored.

And one of those individuals is certain must certainly Carolyn Garrett. She's a very special member of our community, an active citizen, and has made a countless contributions to the to the people of the city of Virginia Beach and our quality of life. And it's a true honor for me to call her a friend and to have known and collaborated with her for a number of years and also to read this

resolution. So, thank you and and welcome, Ms. Garrett.

Whereas, Carolyn Garrett has devoted her life to education, civic engagement, the arts, and community service, making a lasting and meaningful impact on the city of Virginia Beach and beyond.

And whereas, Carolyn attended East Carolina University, Old Dominion University, and George Washington University, graduating twice from ODU, reflecting her lifelong commitment to learning and educational excellence.

That's a lot of universities, if you don't mind me saying.

Whereas, Carolyn served as an educator for 42 years, including as a retired principal with Virginia Beach City Public Schools, a former teacher and assistant principal, and an adjunct professor with Cambridge College, helping shape and inspire generations of students and future leaders.

And whereas, Carolyn's commitment to educational excellence has been recognized through numerous honors, including the State Reading Principal of the Year Award sponsored by the State Reading Association, the PTA President's Award, the VAESP State Bell Award for commitment to excellence in education, and recognition as Hampton Roads Outstanding Professional Woman of the Year in 1997.

And whereas, Carolyn developed the CAPS Character program, which became the model for the first character education program in Virginia Beach, demonstrating her vision and dedication to building strong values and character in young people.

And whereas Carolyn has been a dedicated advocate for community involvement and cultural engagement, serving for 24 years on the Sister Cities Board and holding every office on that board, while also helping Arrowhead Elementary School become the representative school for Virginia Beach's sister city relationship with Bangor, North Northern Ireland.

And whereas Carolyn further strengthened the cultural fabric of Virginia Beach through 12 years of service on the Virginia Beach Arts and Humanities Commission, also holding every office on that commission, and champi- championing the importance of arts and culture in our community.

And whereas Carolyn has also enriched the community through her lifelong love of music and the arts, serving as a soloist for more than 50 years for weddings funerals churches and community gatherings, and participating in drama productions for 15 years at Kempsville Christian Church.

And whereas Carolyn has built a life centered around faith, family, and service, having married Marvin Garrett 63 years ago following his graduation from Virginia Commonwealth University, and together raising a successful daughter, welcoming a wonderful son-in-law to the family, and enjoying the blessings of three outstanding grandchildren.

And whereas born and raised in Roanoke Rapids, North Carolina, Carolyn was instilled with strong values and a remarkable work ethic that have guided her decades of service and leadership in Virginia Beach.

And now for be it resolved that the Virginia Beach City Council pause in its deliberations to honor Carolyn Garrett for her extraordinary contributions to education, arts and culture, civic engagement, and the betterment of the city of Virginia Beach, and extend our sincere gratitude and appreciation for your decades of service to the community. And this will be presented to you and signed by each

member of city council. Oh, thank you. Yeah, oh yeah. Thank you so much.

Thank you so much.

THANK YOU.

[clears throat]

[snorts]

[snorts] IT'S SO NICE TO SEE ALL THESE wonderful friends in Virginia Beach because this is such a great city.

I am so honored when I hear all of these things that were mentioned tonight. It's almost like listening about someone else.

But, I appreciate everything that was said.

And it's so important to know that nobody receives an award or recognition that they've earned totally by themselves.

It takes everybody to make these things happen.

My family, my church, my city, my school system, my school, my friends, and my colleagues have been right there with me all through all of these things that we've just heard about.

[sighs] It is my hope that each of them have been beneficial to the city of Virginia Beach, the city that I love.

As many of you know, my husband and I are moving from Virginia Beach soon.

We have lived here in Virginia Beach our entire married life, as Michael just mentioned, 63 years, soon to be 64.

It is difficult to leave, but it is so important that I be near my family. I have only one daughter, and he's, as he mentioned, the grandchildren and the other folks that are part of the family.

I was thinking about this last week, and I thought, leaving the city.

And I thought about Shakespeare.

And Shakespeare says, parting is such sweet sorrow. Now, those of you that know Shakespeare know that he was referring to Romeo and Juliet when that was said.

But when we stop and think about it, it refers to leaving of any kind.

And we hope that in the leaving, we carry things with us that will help the new place where we're going, and that we can do something there that will be helpful, because there were so many things to learn here.

You guys do a wonderful job, and I am so appreciative.

And so, Michael, again I'll say, thank you for being the catalyst to this. I appreciate it so much.

Could I ask my friends and family to stand? People that are here with me tonight.

Yeah, please stand up. Welcome.

And [snorts] Yeah.

THANK YOU. AS I SAID, YOU CAN'T get along, you can't do anything unless you have family and friends that are willing to help. So, thanks so much and I look forward to coming back and hearing all the great things that are going to take place in Virginia Beach to continue to take place.

Thank you. Yes.

Yeah, what makes Virginia Beach great are the people that live up here, work here, have their businesses, but also put in tremendous time, talent, and treasure to make this city as great as it is.

Thank you and God bless you, Carol.

Okay.

Uh at this point, public hearing lease of city property at 25th 215 square feet at 2425 Nimmo Parkway Judicial Center. There are no speakers, sir. Okay, do we have any speakers signed up? Uh sir, we actually need to pull planning item number one.

We have two speakers on that now.

Okay, planning item item number one to pull.

Yes, but we have no other single item speakers. Um so, we are pulling Lighthouse Development LLC. Yeah, let me go ahead and read the speakers policy and then we'll do the consent agenda.

I want to remind everyone that the city council speaker policy that allows certain representatives of groups to speak for 10 minutes applies only to planning items. All other speakers, whether speaking individually or on behalf of a group, will have up to 3 minutes to speak on a single item.

Speakers are reminded that comments during the informal session of the meeting must be limited to the subject of the item that is being considered by the council at the time you are called.

For items placed on the consent agenda, a speaker may have up to 3 minutes to speak on any single item. If a speaker wishes to address multiple consent agenda items, the speaker will have a total cumulative 6 minutes to address those items. Again, the speaker must limit his or her comments to the subject matter of the item signed up to address.

And finally, I call upon all speakers and all persons in the chamber to be civil in their discussion and decorum.

Whatever views that you hold and wish to express, the City Council wants to hear from you and to ensure all viewpoints and all persons are respected. The best way to do this if all of us just strive for civility and respect.

Uh at this point, uh Mrs. Henley, if you would be so kind.

Uh reading the consent agenda. First of all, the ordinances and resolutions and there are nine of those.

Uh resolution to authorize the mayor to execute an eighth amended charter agreement of the Hampton Roads Workforce Council adding two Eastern Shore counties, Accomack and Northampton, and removing Gloucester County from membership.

Resolution two is to approve the assignment of the Tourism Development Finance Program Performance Agreement between the city, the Virginia Beach Development Authority, and the Cavalier Hotel developer in connection with the proposed sale of the properties.

Ordinance three is to authorize temporary encroachments into city-owned property known as Lake Wesley to relocate, reconstruct, and maintain the previously approved boat lift, and construct and maintain a new skiff, jet ski lift, and maintain existing wood pier at the rear of 508 Southside Road, and that's in District 5.

Ordinance 4 is an ordinance to authorize a temporary encroachment into the city-owned property known as Lake Joyce to maintain an existing timber bulkhead, and construct and maintain a timber pier, and riprap revetment at the rear of 4220 Ben Gunn Road, and that's in District 9.

Ordinance 5 is to authorize the acquisition of 7.04, plus or minus, acres of a portion of property at 4188 Yorktown Boulevard in Midway Manor from the United States of America, Department of Navy, and to establish capital project number 100754, Midway Manor, and transfer $3,000,000 from capital project number 100641, the open space acquisition 4, to capital project number 100754.

Ordinance 6 is to amend the fiscal year 2025-26 Department of Housing and Neighborhood Preservation budget, and to accept and appropriate $1,000,000 from the Federal Department of Housing and Urban Development HUD and appropriate 60,000 from the Federal Section 8 fund balance to the fiscal year 2025-26 Department of Housing and Neighborhood Preservation for the Housing Choice Voucher Program and Operations.

Ordinance 7 is an ordinance to accept and appropriate $47,520 from the Virginia Department of Education Child Care Subsidy Program to the fiscal year 2026-27 parks and recreation operating budget to expand access to preschool services.

Ordinance 8 is to accept and appropriate $12,650.50 from each of the following Region 5 Community Services Boards: Hampton-Newport News, Western Tidewater, Norfolk Chesapeake Portsmouth Colonial Behavioral Health, and Middle Peninsula Northern Neck Behavioral Health to the fiscal year 2025-26 human services operating budget to provide cost-share support for the regional Marcus Alert Liaison position.

Ordinance 9 is an ordinance to transfer up to $1,213,358 in general fund vacancy savings to the fiscal year 2025-26 Sheriff's Office operating budget regarding the increased food and medical costs. We open a public hearing on planning and we're pulling number one.

Okay, we're pulling number one and that leaves uh 14 others.

Number two is the light 7B Virginia LLC, R Dawson Taylor LLC for a variance to section 4.4B of the subdivision regulations to subdivide two existing parcels to create a buildable lot for a 7 Brew coffee shop at 1605 Laskin Road and part and the parcel south of 1605 Laskin Road and that's in District 6. All of these are recommended for approval.

Item 8 is Richard P. and Helene D.

Schroeder for a street closure for one-half portion of an unnamed unimproved 15-ft wide alley adjacent to the rear of 621 Vanderbilt Avenue in District 5.

Item 4 is Cavalier Advisors LLC for a street closure for one half portion of an unimproved unnamed alley adjacent to 4504 Myrtle Avenue in District 6.

Item 5 is Joseph L and Krista A Sullivan for a street closure on one half portion of an unimproved unnamed alley adjacent to 4502 Myrtle Avenue in District 6.

Item 6 is Steve Barnes and Steve R and Cynthia W Barnes for a modification of conditions to a conditional use permit for a food truck and picnic tables at 1100 Sandbridge Road in District 2.

Item 7 is Commonwealth Brewing Company LLC for a modification of conditions to a conditional use permit to allow for an additional 180-day extension to obtain all permits and commence construction at 2440 and 2444 Pleasure House Road in District 9.

Item 8 is the Montessori Schoolhouse LLC and Honglan Shen and Chongfang Lee for a conditional use permit for a family daycare home at 249 Brick Haven Drive in District 1.

Item 9 is Colin Nanary and Lower 40 LLC for a conditional use permit for a bicycle and moped rental establishments at 3713 Sandpiper Road in District 2.

Item 10 is Reagan Nutson for conditional use permit for a home-based wildlife rehabilitation facility at 3421 Elkhart Road in District 8.

Item 11 is Pembroke Square Associates LLC, for a special exception for alternative compliance to deviate from the build-to-zone requirement of the Central Business District Core, CBC, in District Form Based for development of a 284-unit mixed-use building within the interior portion of the Pembroke Mall Redevelopment Area at 4554 Virginia Beach Boulevard in District 9.

Item 12 is Jason Scott Trombley for a conditional use permit for short-term rental at 213 16th Street in District 5.

Item 13 is Atlantic Property Holdings, LLC, for a conditional use permit for a short-term rental at 4005 Atlantic Avenue, Suite 101, in District 6.

Item 14 is Thomas Glenn Davis and Nancy Rodio Davis and Thomas Glenn Davis for a conditional use permit for short-term rental at 4005 Atlantic Avenue, Suite 205, in District 6.

And item 15 is an ordinance to amend the city's zoning ordinance, CZO, Section 1001, regarding crematories in the industrial district.

And all of these are recommended for approval.

Okay, motion to approve. Do we have a second?

Second.

Any discussion?

Okay, let's open it up.

The vote is open.

Mayor, may I have your vote?

Here we go. Thank you. By vote of 9 to 0, approved the consent agenda as read by Council member Henley.

Okay, at this point we'll hear Lighthouse Development LLC for a variance of section 4.4b of the subdivision regulations.

Raise subdivide six existing parcels and create five single home lots at 125, 129, 133, and 137 Ash Avenue, District 4. The applicant's representative, Eddie Berdun.

Mayor Dyer, honorable members of council, for the record, Eddie Berdun, attorney attorney representing the applicant.

This matter's on the consent agenda, and the two speakers that are signed up to speak neither is is speaking against the application. They both have different concerns they want to express to council, so I'm going to sit down and let them speak. Okay.

The first The next speaker is Wayne Beagle.

[clears throat] Yeah, good evening, sir. Hi.

Mr. Mayor, the council members, my name is Wayne Beagle, and I own a property two doors down from the one you just took off the consent agenda, and we're in favor of it. The neighborhood itself is going through a transition period where I don't know how many hundreds of homes are in there, but in any event, a lot of the old ones are being torn down, and this is just going to enhance the neighborhood.

And the main purpose I'm here is this. Dr. Rose Hammond, we finally got her to come out, and she is appalled that this has been allowed to go on.

I've owned my property for 23 years. My adjoining neighbor, the That's the front of her house.

She's been dealing with this since 89.

Uh I've got a letter from uh Mr. Hanson, uh stormwater management public works. He recognizes the system that's there is inadequate. It's uh been piecemealed together for however long it's been there. And um I need to get on your radar.

Uh public works has been terrific.

They'll clean it out. They've replaced a few pipes that they tried to increase it. But I can show you pictures of this.

I've got a pile back here. That's probably number 12 [snorts] of the times that I've owned the property. It comes in my uh I have a six-unit apartment. It's flooded my building inside. And [snorts] also Ms. Williams next door, it floods inside her house. And this has been going on uh uh for just too long for this to be uh and probably most of you never recognize this, heard of it, whatever.

And um Mr. Hanson says that it's kind of on the radar and that it's in the preliminary. It's going to get on this stage and then that stage to get funding from you guys. And the sad thing is if a miracle happened and Ms. Rose convinces Ms. Rose Hammond convinces you guys to fund this in the next month, it's still two to four years before that stops. That's how long it takes to do a

project. And that's from uh a Mr. Ryan Noonan, one of Mr. Hanson's engineers.

So, I would hope that you can acknowledge that this should not be allowed to happen.

And [snorts] these are just uh you know, the the five-year storms, we we now have, you know, 10 year storms, two or three of them a year. And uh we could have an inch and a half of rain if it happens quick enough, I got the same picture.

And my [snorts] tenants have to walk through water to the property.

Thank you. I really appreciate you. But thank you for making this work.

hope that you will consider. Thank you.

Thank you. The next speaker is Tanya Gatling.

Good evening. Good evening, Mayor and Council. My name is Tanya Gatling. I live on the street directly behind where these new houses are going to be built.

I've given the clerk some pictures of trees that were planted when the development first was built back in the '50s and '60s. The trees that are back there now are in excess of 100 plus feet tall. When I bought my property, I removed 11 trees off my property of tall pine trees. I guess because they were quick growing, easy shade.

Uh the main concern is is that previously the property was entrusted to some sisters, and I believe now they have passed on, and so that's the reason why it's being developed. They I've written to them several times about maintaining the trees because they weren't maintained properly. They have poison ivy, all kind of vines and everything growing up the trees in excess of over 50 feet. The trees are

dying. And a couple of the trees have already fallen on one of the houses previously this year. So, our main concern is the neighbors that are on budding that butts up to these houses is that make sure that these trees are removed because every year we're in fear of hurricanes coming in and blowing the trees straight onto our properties. Um I know that I'm one of those people that have a old house. I have of

so and I love it. And I know that Virginia Beach is progressive and they're all building new houses. I just ask that the council keep in mind that these older trees, because older people didn't maintain them properly, is also included in the in the development plans as they see fit. Thank you for your time. Hey, thank you for coming.

Appreciate it.

Mr. Berdan, did you want to come up for any rebuttal?

The the the trees I've spoken to the the owner who's just recently purchased the property, um and he and Mr. Gatling will speak. He He's planning on taking the trees down. They're distressed. Uh but that'll, you know, but her her concern should be addressed with the eventual development of these uh lots.

Be happy to answer questions.

Any questions? Uh Charles, Mr. Man, thank you.

I I hope that someone is going to be looking at that flooding problem, too. I mean, that I I understand the district council representative is Just saying it's going to happen isn't good enough.

If that's been waiting for some funding, we might need to look for it, Mr.

Dehane. I'm sorry. Um Councilwoman Henley. You don't disagree. Yes, staff has been looking at that for it decades.

Part of it is it needs several projects to get done before they can get to that one. And as the gentleman mentioned, they are working on a preliminary engineering plan, but several projects need to come in front of it before we can even get to that location. We've been assuming that for 20 years. Okay.

That Thank you, sir. Appreciate it. Hey, y'all. I do have a question that is related to the the flooding issue and I I just uh it strikes me that this one is a little it's completely opposite of what we usually or sometimes see as multiple lots being combined to make larger buildings, but in this case we've got duplexes going into single-family homes. And um really what I see is just cleaning up

property lines um that were um you know, illegally or improperly subdivided a long time ago. But specifically the flooding it would seem to me that redevelopment in this area and bringing those properties to the new height and standards and having you accommodate all the storm water on site unlike what what had been required previously would would certainly help the site and the surrounding area.

I guess I'd look to you and Ms. Warren for that validation.

All of the what's on the properties now were built before there were any storm water regulations whatsoever.

We'll have to meet those, but more equally important what's happening in that neighborhood and it's it's it's been a great redevelopment. It doesn't cost taxpayers anything for the redevelopment of that community and it's creating a lot of more affordable housing, which we desperately need in in this city and that development has been on 35-ft wide lots where there's been variances cuz they're

significantly non-conforming with the zoning ordinance for that district. So it'll be in variances variances of 3 to 5 ft in setbacks and reducing the setbacks between houses down from what should be 16 ft to 12 to 13 ft. Whereas these will be at the full 16 ft.

There'll be no setback variances. So you'll have we're not increasing the size of the house from what's in on the redevelopment that's taking place in the neighborhood. So it's it's not it it's it can't solve the systemic problem that's that only the city can solve, but it's not making it worse and if they he could develop the same five homes with variances with less space between them

and the other 15 ft would go unused or forfeited to the other property owner where they're only going to be able to build two houses regardless. So Thank Thank you.

Okay, anybody else?

Okay, is there a motion? Um I'd like to make a motion to approve. I'll second.

Second.

Any other discussion?

Okay, let's open the vote.

[sighs] The vote is open.

By a vote of 9 to 0, you have approved the application.

Okay Barbara.

If I could, in a building this new, our public address system really should be better. I don't know if it's just my hearing, but I have an awful time hearing people.

Can we get these microphones checked out a little better?

Okay.

Okay, um there'll be no appointments tonight, and at this point there are appointments to be read.

Oh, they they give you some, okay.

Uh it's because the vice mayor usually does this, and since she's not here, I think these were ready to be heard and approved.

Okay. Uh active transportation uh advisory committee to reappoint Melissa uh Shang, who is a high a high high school student.

Arts and Humanities Commission to reappoint Courtney Doucette and Alicia Peoples.

Bayfront Advisory Commission to reappoint Philip Ben Davenport, Chase McConnell a high school student, Bailey Cork a high school student, and Neil Singh a high school student.

Beaches and Waterways Advisory Commission to reappoint Connor Smith a high school student.

Clean Community Commission to reappoint Anna Orchard Hayes a high school student.

Uh the COG Review and Allocation Committee, appoint Vance Cooper, who is a citizen member.

Uh the Flood Prevention uh Prevention Bond Referendum Oversight Board to reappoint [clears throat] Payam Jahromi, a high school student.

The Independent Citizen Review Board to appoint Thierry Dupont, a non-voting prior law enforcement person, which is required on that committee.

Of the Old Beach Design Review Committee to reappoint Jerry Maloney as the architect and Nancy Parker as the Old Beach District resident.

The Open Space Advisory Committee to reappoint Eric Lynn, a high-school student.

Parks and Recreation Commission to reappoint Alexander Amarin, a high-school student with a 1-year term.

Process Improvement Steering Committee to reappoint Bruce Johnson, Clenise Platt, Donna Turner, and Sarah Wilch.

The Public Library Board to reappoint Kay O'Neil, a high-school student.

Social Services Advisory Board to reappoint Whitney King King, Joanne Mancuso, and John Moxon.

And the Tidewater Youth Services Commission to reappoint Alfred Stewart as a city representative.

I move these approvals. Okay.

Second. So, open the vote.

[sighs and gasps] The vote is open.

By a vote of 9 to 0, you have approved the appointments as read by Council Member Henley. Okay, thank you, Rainey.

Unfinished business?

New business? Thank you all, folks. We are adjourned.