OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Virginia Beach City Council Formal Session - October 8, 2025

City Council Meetings — Wednesday, October 8, 2025
BodyVirginia Beach, Virginia
SessionCity Council Meetings
DateWednesday, October 8, 2025
StatusFILED
Video Record
0:00 / 2:51:50

Transcript — Verbatim
0:06

There you go.

0:08

Okay, now we have to call this meeting to order the city council and formal session.

0:14

And the mayor will be here.

0:16

He uh is a state of the region, and he's just gonna be a little bit late.

0:20

And then uh council lady Rouse uh and Council Lady Henley both have some family matters this afternoon, but they feel like they're gonna be here for the same meeting.

0:34

With all of that being said, Mr.

0:37

Manager.

0:39

All right, Mr.

0:40

Madam Vice Mayor, members of the city council.

0:42

Just want to note that um there's been a change to the schedule.

0:45

The Army Corps of Engineers was um projected to present today to give the city council no public an update on the coastal store risk management project.

0:54

Well, however, this are the furloughs, they haven't they're not able to make it here today.

0:58

Um please note that LG and we will work to brief you all probably in one on one meeting before the Army Corps takes on their public meetings on this in December.

1:08

But the Army Corps was not able to attend due to the furloughs.

1:12

The first presentation that council will receive today will be from city staff regarding e-bikes and its impacts in the community.

1:18

The presentation will be led by um very director, Brett Kenby, and we'll have to support it with the attorney's office as well as the police department to answer any questions.

1:29

Well, good afternoon, Madam Vice Mayor, members of council, Mr.

1:32

City Manager, and Mr.

1:33

City Attorney.

1:34

Uh appreciate the opportunity to be here with you all today.

1:38

Uh as the city manager mentioned, I'm joined by Donna Hernandez from the uh city attorney's office and Brad Wessler from the Virginia Beach Police Department who assisted in putting together this presentation and will uh likely answer the bulk of your questions.

1:53

I'm just gonna throw them to them.

1:54

So today's presentation will walk you through the Virginia code sections that govern e-bikes, uh, go through the local code sections, we'll talk a little bit about some of the enforcement challenges, show you some of the awesome things that our communications police and parks teams are doing in this space already to improve safety, and then go over a few recommendations and options.

2:18

Uh at the conclusion of today's presentation, we are seeking your guidance on how you would like to proceed with amending the local code sections using existing authority, and then uh what new authority you would like to seek from the General Assembly, if any.

2:32

Uh, as you will see, the Commonwealth does provide some uh some limited authority to restrict where e-bikes can operate, but they do not provide authority to ban them or to keep them off local roads or out of local parks.

2:49

Um so we uh you know we all know that community concerns surrounding e-bikes are on the rise and mostly center around safety.

2:59

And while we don't have hard data to back it up, we're all hearing from constituents that there is an increase in both the number of accidents and the severity of those accidents.

3:08

And we've heard about concerns over how e-bikes are interacting with our community, weaving in and out of people walking on paths, trails, and the boardwalk and on streets raising concerns for motorists.

3:21

Uh so the first section of our presentation will walk us through how the code of Virginia governs e-bikes.

3:28

In 2020, the Commonwealth adopted what is widely considered to be model legislation.

3:33

Forty-one states in total have adopted this legislation in some form or another.

3:38

Uh the basic premise of the legislation is that it treats e-bikes the same as a typical bike.

3:43

It requires that manufacturers place a label on the bike that includes the bike class, top speed, and motor wattage, which we'll discuss here in a second.

3:54

So uh the Virginia Code defines uh an e-bike as a vehicle with no more than three wheels that has pedals for propulsion and an electric motor with an input of no more than 750 watts.

4:06

That's 750 watts number is important to keep in mind.

4:10

The code goes on to categorize uh e-bikes into three separate classes.

4:15

Class one, the motor only works while pedaling and has a top assisted speed of 20 miles an hour.

4:22

So that means the while you're pedaling, the motor will operate, but once you reach 20 miles an hour, the motor shuts off.

4:29

Class two, the bike contains a throttle that'll propel the bike even while not pedaling, and has a top assisted speed of 20 miles per hour.

4:38

So again, it'll shut off at 20.

4:40

And then the class three, the motor only works while pedaling and has a top assisted speed of 28 miles per hour.

4:50

Um so the model legislation requires all operators of a class three e-bike to wear a bike helmet at all times.

5:00

It says that e-bikes can be ridden in places where a typical bike is allowed, but it provides three options for local government to make an exception.

5:05

And you'll see those three options here in orange.

5:08

And I highlighted them in orange because this are this is an area where we are not currently utilizing this authority.

5:14

And you'll see on the next slide, there's a couple more things in orange.

5:19

So the code allows a locality to prohibit the use of a class one and class two e-bike on shared use paths, but requires a public hearing and requires that such restriction be necessary for public safety or compliance with other laws.

5:34

But it allows a locality to prohibit the use of a class three e-bike on a shared use path without a public hearing or without any other reason.

5:43

And it allows a locality to prohibit the use of any e-bike on a city-owned trail.

5:48

Again, no public hearing is required for their uh for regulating e-bikes on a trail.

5:54

So there's just this distinct difference between a shared use path and a trail, and then uh what type of class the bike is.

6:05

Um there are other uh sections that govern e-bikes.

6:09

Most of these govern e-bikes and regular bikes and other kind of small motorized vehicles, all in the same manner.

6:17

So uh the Virginia Code allows localities to require anyone 14 and under to wear a helmet, which we're doing that currently.

6:25

Uh 46.2-903 uh specifically permits e-bikes to ride on a sidewalk along with other bikes and other motorized vehicles.

6:35

But 904 allows a locality to prohibit e-bikes on sidewalks.

6:40

Um specifically requires there to be signage placed in the areas that are prohibited.

6:45

Um the code sets a minimum age for driving a class three e-bike without supervision of an adult.

6:52

Uh, they set that age at 14.

6:53

So if you're under 14, you're not allowed to drive a class three e-bike without somebody supervising you who is 18 or older.

Discussion Breakdown — Share of Meeting
Youth Programs█████████████████17%
Public Safety███████████████15%
Procedural████████████12%
Active Transportation██████████10%
Conditional Rezoning████████8%
Water And Wastewater Management██████6%
Public Engagement█████5%
Community Engagement████4%
Street Naming Process████4%
Summary of Proceedings

Virginia Beach City Council Formal Session - October 8, 2025

The Virginia Beach City Council met in formal session on October 8, 2025. The agenda included a presentation on e-bike regulations and community impacts, an informational briefing on the Stormwater Extension Program, and a public hearing on a conditional use permit for a dirt bike training facility. Council also approved consent agenda items, heard liaison reports, recognized a street naming for musician Timberland, and made several board appointments.

Consent Calendar

  • Approved resolutions designating October as Breast Cancer Awareness Month and November 3rd as Alzheimer’s Awareness Day.
  • Approved a resolution to designate Bridle Creek Boulevard in honor of Timothy Timberland Mosley.
  • Authorized the city manager to execute an amendment for solid waste disposal with SPSA.
  • Authorized transfer of School Board property at Jericho Road to the city for park use.
  • Extended the date for Commonwealth Brewing Company conditions.
  • Converted a part-time position to full-time in the city attorney’s office.
  • Authorized bonuses for city staff.
  • Accepted and appropriated various grant funds for preschool services, dam safety, NASA support, drug and alcohol testing, DUI enforcement, and witness protection.
  • Approved nine planning items including conditional zoning for Concord Apartments, modifications of proffers, conditional use permits for automotive repair, religious use, alternative residential development, firewood preparation facility, wildlife rehabilitation, and short-term rental.

Public Comments & Testimony

  • Bob Mandico (Tywater Anglers Club / Virginia Saltwater Sport Fishing Association) thanked council for including menhaden in the draft legislative agenda.
  • A letter from the Virginia Beach Farm Bureau Board of Directors was read, endorsing the charter change requiring a supermajority vote for density increases below the blue line.
  • Summer and Mark Brown (applicants for Wild Acres Farm conditional use permit) described their vision for a youth dirt bike training facility on agricultural land, emphasizing safety, family farm experiences, and community support.
  • Several speakers (Ben Topping, Michael Diffenbach, Kelsey Newton, John Paul Abada, Alexis Moores, Michael Keesey) spoke in favor of the Wild Acres application, highlighting the positive impact on youth development and the lack of local training facilities.

Discussion Items

  • E-Bike Regulations and Community Impact: City staff presented an overview of state and local codes governing e-bikes, enforcement challenges, and options for additional restrictions. Council members discussed the need to differentiate between e-bike classes, concerns about safety on the boardwalk and shared use paths, enforcement difficulties, and the importance of data. A consensus emerged to form a task force to develop recommendations for code amendments and potential new state authority. Some members advocated for immediate restrictions on class three e-bikes on sidewalks and shared use paths.
  • Stormwater Extension Program: Kyle Coolbaugh presented the program, which provides one-on-one assistance to residents on flooding mitigation, a toolbox of strategies, flood sensors, and cameras. The program is funded through the stormwater utility fund and is now fully open to the public. Council members asked about costs to homeowners and the potential for grant programs.
  • Council Liaison Reports: Reports covered events such as Neptune Festival, Phil Fest, Vibe Creative District 10th anniversary, African American retired educators visit, and upcoming community festivals. Also noted: code enforcement citations for vulgar t-shirts at the resort, and a public safety workshop by the Sheriff’s Office.
  • Special Recognition: A street naming ceremony for four-time Grammy winner Timberland was announced for October 18 at Salem High School. Family representatives accepted a replica sign and thanked the council.
  • Conditional Use Permit – Wild Acres Farm: The council considered an application for a youth dirt bike training facility at 5917 Blackwater Road. Councilmember Henley proposed a set of conditions including limits on camps, lessons, student numbers, and a one-year expiration with administrative renewal if no complaints. The applicants expressed concerns about some conditions (e.g., requiring removal of bikes each day, student cap of 25, no competitions, driveway improvements, insurance acceptability, and one-year expiration). After discussion, the council voted 9-1 to approve the permit with the planning commission’s original recommendations, with an amendment to modify the overnight parking restriction to allow overnight storage of bikes but not cars.

Key Outcomes

  • Council directed staff to form a task force on e-bike regulations, including representatives from various stakeholder groups, and to return with recommendations within 60-90 days.
  • The Stormwater Extension Program was officially launched to the public; no additional funding or staff was requested at this time.
  • The conditional use permit for Wild Acres Farm (outdoor recreation/dirt bike training) was approved by a vote of 9-1, subject to the planning commission’s 11 conditions with one minor modification regarding overnight parking.
  • Consent calendar and appointments were approved unanimously.
  • A letter from the Farm Bureau endorsing a charter amendment requiring a supermajority for density increases below the blue line was entered into the record.

Meeting Transcript

There you go. Okay, now we have to call this meeting to order the city council and formal session. And the mayor will be here. He uh is a state of the region, and he's just gonna be a little bit late. And then uh council lady Rouse uh and Council Lady Henley both have some family matters this afternoon, but they feel like they're gonna be here for the same meeting. With all of that being said, Mr. Manager. All right, Mr. Madam Vice Mayor, members of the city council. Just want to note that um there's been a change to the schedule. The Army Corps of Engineers was um projected to present today to give the city council no public an update on the coastal store risk management project. Well, however, this are the furloughs, they haven't they're not able to make it here today. Um please note that LG and we will work to brief you all probably in one on one meeting before the Army Corps takes on their public meetings on this in December. But the Army Corps was not able to attend due to the furloughs. The first presentation that council will receive today will be from city staff regarding e-bikes and its impacts in the community. The presentation will be led by um very director, Brett Kenby, and we'll have to support it with the attorney's office as well as the police department to answer any questions. Well, good afternoon, Madam Vice Mayor, members of council, Mr. City Manager, and Mr. City Attorney. Uh appreciate the opportunity to be here with you all today. Uh as the city manager mentioned, I'm joined by Donna Hernandez from the uh city attorney's office and Brad Wessler from the Virginia Beach Police Department who assisted in putting together this presentation and will uh likely answer the bulk of your questions. I'm just gonna throw them to them. So today's presentation will walk you through the Virginia code sections that govern e-bikes, uh, go through the local code sections, we'll talk a little bit about some of the enforcement challenges, show you some of the awesome things that our communications police and parks teams are doing in this space already to improve safety, and then go over a few recommendations and options. Uh at the conclusion of today's presentation, we are seeking your guidance on how you would like to proceed with amending the local code sections using existing authority, and then uh what new authority you would like to seek from the General Assembly, if any. Uh, as you will see, the Commonwealth does provide some uh some limited authority to restrict where e-bikes can operate, but they do not provide authority to ban them or to keep them off local roads or out of local parks. Um so we uh you know we all know that community concerns surrounding e-bikes are on the rise and mostly center around safety. And while we don't have hard data to back it up, we're all hearing from constituents that there is an increase in both the number of accidents and the severity of those accidents. And we've heard about concerns over how e-bikes are interacting with our community, weaving in and out of people walking on paths, trails, and the boardwalk and on streets raising concerns for motorists. Uh so the first section of our presentation will walk us through how the code of Virginia governs e-bikes. In 2020, the Commonwealth adopted what is widely considered to be model legislation. Forty-one states in total have adopted this legislation in some form or another. Uh the basic premise of the legislation is that it treats e-bikes the same as a typical bike. It requires that manufacturers place a label on the bike that includes the bike class, top speed, and motor wattage, which we'll discuss here in a second. So uh the Virginia Code defines uh an e-bike as a vehicle with no more than three wheels that has pedals for propulsion and an electric motor with an input of no more than 750 watts. That's 750 watts number is important to keep in mind. The code goes on to categorize uh e-bikes into three separate classes. Class one, the motor only works while pedaling and has a top assisted speed of 20 miles an hour. So that means the while you're pedaling, the motor will operate, but once you reach 20 miles an hour, the motor shuts off. Class two, the bike contains a throttle that'll propel the bike even while not pedaling, and has a top assisted speed of 20 miles per hour. So again, it'll shut off at 20. And then the class three, the motor only works while pedaling and has a top assisted speed of 28 miles per hour. Um so the model legislation requires all operators of a class three e-bike to wear a bike helmet at all times. It says that e-bikes can be ridden in places where a typical bike is allowed, but it provides three options for local government to make an exception. And you'll see those three options here in orange. And I highlighted them in orange because this are this is an area where we are not currently utilizing this authority. And you'll see on the next slide, there's a couple more things in orange. So the code allows a locality to prohibit the use of a class one and class two e-bike on shared use paths, but requires a public hearing and requires that such restriction be necessary for public safety or compliance with other laws. But it allows a locality to prohibit the use of a class three e-bike on a shared use path without a public hearing or without any other reason. And it allows a locality to prohibit the use of any e-bike on a city-owned trail. Again, no public hearing is required for their uh for regulating e-bikes on a trail.

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