City Council

SHOWN LIVE ON NEWPORT NEWS TELEVISION COX CHANNEL 48 VERIZON CHANNEL 19 www.nngov.com AGENDA NEWPORT NEWS CITY COUNCIL REGULAR CITY COUNCIL MEETING MARCH 12, 2013 City Council Chambers 7:00 p.m. A. Call to Order B. Invocation - Rev. Ginny Roll, Unity Fellowship Church C. Pledge of Allegiance to the Flag of the United States of America Boy Scouts of America, Troop 6, Warwick Memorial United Methodist Church D. Presentations 1. Proclamation: Mr. John W. Shifflett, Director, Leadership, Technical, and Professional Development, Newport News Shipbuilding 2. Proclamation: Mr. William Flowers, Manager, Leadership Development, Newport News Shipbuilding 3. Proclamation: Ms. Katherine Barefoot, Senior Training Program Developer, Newport News Shipbuilding E. Public Hearings None Advertised F. Consent Agenda 1. Minutes of the Work Session of February 26, 2013 2. Minutes of the Regular Meeting of February 26, 2013 3. Special Resolution Canceling the Regularly Scheduled Second City Council Meetings of July, August and December 2013 G. Other City Council Actions  1. Resolution Authorizing an Annual Renewal Line of Credit for the Hampton-Newport News Community Services Board (H-NNCSB) with TowneBank 2. Ordinance Amending City Code, Chapter 26, Motor Vehicles and Traffic; Article IX, Residential Parking Permit Program (RPPP); Section 26-226, Designated Residential Permit Parking Areas; for the Inclusion of 66th Street between Huntington Avenue and Warwick Boulevard 3. Resolution Approving Virginia Housing Development Authority (VHDA) Taxable Bond Financing for the Construction of Denbigh Village Apartments 4. Ordinance Amending and Reordaining City Code, Chapter 21, Hotels and Similar Establishments H. Appropriations 1. Department of Public Works - FY 2013 State Revenue for Street and Highway Maintenance - $276,266 I. Citizen Comments on Matters Germane to the Business of City Council *J. New Business and Councilmember Comments 1. City Manager 2. City Attorney 3. City Clerk 4. Whitaker 5. Woodbury 6. Bateman 7. Coleman 8. Price 9. Scott 10. Vick K. Adjourn *THE BUSINESS PORTION OF THE MEETING WILL BE CONCLUDED NO LATER THAN 10:00 P.M. TO ALLOW PERSONS TO ADDRESS CITY COUNCIL UNDER "CITIZEN COMMENTS ON MATTERS GERMANE TO THE BUSINESS OF CITY COUNCIL." A. Call to Order B. Invocation – Rev. Ginny Roll, Unity Fellowship Church C. Pledge of Allegiance to the Flag of the United States of America – Boy Scouts of America, Troop 6, Warwick Memorial United Methodist Church, D. Presentations E. Public Hearings 1. None Advertised F. Consent Agenda 1. Minutes of the Work Session of February 26, 2013 ACTION: l N/A BACKGROUND: l N/A FISCAL l N/A IMPACT: Supporting Material Minutes of the Work Session of February 26, 2013 F. Consent Agenda 2. Minutes of the Regular Meeting of February 26, 2013 ACTION: l N/A BACKGROUND: l N/A FISCAL l N/A IMPACT: Supporting Material Minutes of the Regular Meeting of February 26, 2013 F. Consent Agenda 3. Special Resolution Canceling the Regularly Scheduled Second City Council Meetings of July, August and December 2013 ACTION: A REQUEST TO APPROVE A SPECIAL RESOLUTION CANCELNG THE REGULARLY SCHEDULED CITY COUNCIL MEETINGS FOR JULY 23, 2013, AUGUST 27, 2013 AND DECEMBER 24, 2013. BACKGROUND: l Cancellation of the second regularly scheduled meetings in July and August is consistent with previous years in which City Council met only once during each of these two months to accommodate summer vacation schedules. l In the same regard, cancellation of the second meeting in December will accommodate holiday vacation schedules. l Taking action at this time to officially cancel these meetings will allow staff to appropriately schedule pending items for upcoming meeting agendas and accommodate the required advertising and notification requirements for certain items of business. l The City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material Special Reso Canceling the Regular Council Meetings of 7-23-13, 8-27-13 and 12-24-13 sdm11558 RESOLUTION NO. _______________ A SPECIAL RESOLUTION CANCELING THE REGULAR COUNCIL MEETINGS OF JULY 23, 2013, AUGUST 27, 2013 AND DECEMBER 24, 2013. WHEREAS, Sec. 4.06 of the Newport News City Charter provides that the City Council is to provide for the time and place of regular meetings which shall not be less frequently than once per month; and WHEREAS, Sec. 2-21 of the City Code establishes the time and place of regular council meetings, but provides that changes to the schedule may be made by the council pursuant to special resolutions of council; and WHEREAS, the City Council wishes to cancel its regular meetings of July 23, 2013, August 27, 2013 and December 24, 2013. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News, Virginia, that it desires to, and hereby does, cancel its regular meetings of July 23, 2013, August 27, 2013 and December 24, 2013. BE IT FURTHER RESOLVED that the City Clerk shall immediately cause a notice of this meeting cancellation action to be published in a newspaper generally circulated in Newport News in order to inform the public of the Council’s action. G. Other City Council Actions 1. Resolution Authorizing an Annual Renewal Line of Credit for the Hampton-Newport News Community Services Board (H-NNCSB) with TowneBank ACTION: A REQUEST TO APPROVE A RESOLUTION AUTHORIZING THE HAMPTON-NEWPORT NEWS COMMUNITY SERVICES BOARD (H-NNCSB) TO RENEW AN ANNUAL LINE OF CREDIT OF $5 MILLION WITH TOWNEBANK FOR OPERATING EXPENSES. BACKGROUND: l The State Code requires approval by the governing bodies that are served by the respective Community Service Boards of any loan applications made by the boards. l The H-NNCSB is currently limited to $2.5 million and is requesting to increase the line of credit to $5 million to provide flexibility of cash-related operations. l Approval of the resolution does not obligate the City to guarantee or repay any part of the loan or line of credit. l The City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material CM Memo re HNNCSB Credit Line Renewal Reso Auth HNNCSB Credit Line Renewal sdm11543 RESOLUTION NO. ____________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, PURSUANT TO VIRGINIA CODE SECTION 37.2-504.A.11. AUTHORIZING THE HAMPTON-NEWPORT NEWS COMMUNITY SERVICES BOARD TO INCUR CERTAIN BORROWING OBLIGATIONS. WHEREAS, The City of Hampton, Virginia, with the City of Newport News, Virginia (the “City”) established the Hampton-Newport News Community Services Board ( the “Board”) as required by Section 37.2-500 of the Code of Virginia, 1950, as amended; and WHEREAS, TowneBank (the “Lender) has agreed to extend to the Board, on terms and conditions acceptable to the Lender, a line of credit in the maximum principal amount outstanding at any one time of $5,000,000 (the “Line of Credit”); and WHEREAS, Section 37.2-504.A.11 of the Code of Virginia of 1950, as amended, requires that the political subdivision or subdivisions that established the Board authorize loans applied and accepted by the Board and the Board seeks the City’s authorization solely to meet that statutory requirement; and WHEREAS, the Line of Credit constitutes a loan applied for and accepted by the Board requiring such authorization; and WHEREAS, the Line of Credit will enable the Board to carry out governmental activities in connection with its Behavioral Health and Intellectual and Developmental Disability services in the political subdivisions of Hampton, Virginia and Newport News, Virginia; and WHEREAS, the Board and the City understand and agree that no payments will be requested by the Board from the City in connection with repayment of the Line of Credit and that the obligations under the Line of Credit will not constitute a debt or pledge of the full faith and credit of the City and will not impose any liability on the City, nor is the requested authorization a guarantee on the part of the City of the Line of Credit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport News, Virginia: 1. That pursuant to the requirement of Section 37.2-504.A.11 of the Code of Virginia of 1950, as amended, authorization is hereby given to the Hampton-Newport News Community Services Board for the above described Line of Credit applied for and accepted by the Board on the terms and conditions of the documents required by the Lender to evidence and secure the Line of Credit, and such authorization shall include any and all extensions and renewals of, and modifications to, the Line of Credit (other than any modification which would increase the principal amount of the Line of Credit in excess of $5,000,000.00).  2. The authorization of the Line of Credit applied for and accepted by the Board does not constitute an endorsement to the Lender of the creditworthiness of the Board nor is it a guarantee of the Line of Credit. Furthermore, the City shall not be obligated to pay nor to guarantee any debt incurred by the Board as a result of the Line of Credit applied for and accepted by the Board, nor any interest or other costs associated therewith. Accordingly, no debt of the Board nor its Line of Credit shall constitute a debt of the City and neither the faith or credit nor the taxing power of the City shall be pledged thereto. 3. This resolution shall be in effect on and after the date of its adoption, March 12, 2013. G. Other City Council Actions 2. Ordinance Amending City Code, Chapter 26, Motor Vehicles and Traffic; Article IX, Residential Parking Permit Program (RPPP); Section 26-226, Designated Residential Permit Parking Areas; for the Inclusion of 66th Street between Huntington Avenue and Warwick Boulevard ACTION: A REQUEST TO ADOPT AN ORDINANCE AMENDING CITY CODE, CHAPTER 26, MOTOR VEHICLES AND TRAFFIC; ARTICLE IX, RESIDENTIAL PARKING PERMIT PROGRAM (RPPP); SECTION 26-226, DESIGNATED RESIDENTIAL PERMIT PARKING AREAS; FOR THE INCLUSION OF 66TH STREET BETWEEN HUNTINGTON AVENUE AND WARWICK BOULEVARD. BACKGROUND: l This street was administratively approved for inclusion into the RPPP and has been signed as such. l Action on this item is required to amend the Ordinance and officially include this street into Section 26-226 of the Motor Vehicles and Traffic Code. FISCAL IMPACT: l The direct costs for inclusion of 66th Street will be the operating budget expenses associated with the cost of sign materials, installation and maintenance. l The City Manager recommends approval. Supporting Material CM Memo re RPPP for 66th St Attachment - Location map Attachment - RPPP 66 Study Ord Amending Sec. 26-226  ST TH 67 Project Site ST I TH RW 66 WA VD BL CK IP SH RD YA DR ON GT IN NT HU ST E TH AV 65 1 in = 100 ft CITY OF NEWPORT NEWS, VIRGINIA Date: 2/14/2013 µ Inclusion of 66th Street, between Huntington Avenue and Warwick Boulevard into the RPPP sdm11539 ORDINANCE NO. ____________________ AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 26, MOTOR VEHICLES AND TRAFFIC, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE IX., RESIDENTIAL PARKING PERMIT PROGRAM, SECTION 26-226, DESIGNATED RESIDENTIAL PERMIT PARKING AREAS. BE IT ORDAINED by the Council of the City of Newport News, Virginia: 1. That Chapter 26, Motor Vehicles and Traffic, of the Code of the City of Newport News, Virginia, Article IX., Residential Parking Permit Program, Section 26-226, Designated residential permit parking areas, be, and the same hereby is, amended and reordained, as follows: CHAPTER 26 MOTOR VEHICLES AND TRAFFIC ARTICLE IX. RESIDENTIAL PARKING PERMIT PROGRAM Sec. 26-226. Designated residential permit parking areas. The following streets and blocks are designated to be within a residential parking permit program area: 28th Street, between West Avenue and the James River. 29th Street, between West Avenue and the James River. 30th Street, between West Avenue and the James River. 31st Street, south side, between West Avenue and the James River. 36th Street, between Huntington Avenue and Warwick Boulevard. 36th Street, between Huntington Avenue and Washington Avenue. 45th Street, south side, between Huntington Avenue and Washington Avenue. 47th Street, between Huntington Avenue and the railroad tracks. 48th Street, between Washington Avenue and the railroad tracks. 49th Street, south side, between Washington Avenue and the railroad tracks. 50th Street, between Huntington Avenue and Warwick Boulevard. 51st Street, between Newport News Shipyard and Warwick Boulevard. 52nd Street, between Newport News Shipyard and Warwick Boulevard. 53rd Street, between Newport News Shipyard and Warwick Boulevard. 54th Street, between Newport News Shipyard and Warwick Boulevard. 55th Street, between Newport News Shipyard and Warwick Boulevard. 56th Street, between Huntington Avenue and Warwick Boulevard. 57th Street, between Huntington Avenue and Warwick Boulevard. 58th Street, between Huntington Avenue and Warwick Boulevard. 59th Street, between Huntington Avenue and Warwick Boulevard. 60th Street, between Huntington Avenue and Warwick Boulevard. 61st Street, between Huntington Avenue and Warwick Boulevard. 62nd Street, between Huntington Avenue and Warwick Boulevard. 63rd Street, between Huntington Avenue and Warwick Boulevard. 64th Street, between Huntington Avenue and Warwick Boulevard. 65th Street, between Huntington Avenue and Warwick Boulevard. 66th Street, between Huntington Avenue and Warwick Boulevard. 68th Street, between Huntington Avenue and Warwick Boulevard. 69th Street, between Huntington Avenue and Warwick Boulevard. Barron Drive, from Snidow Boulevard to Warren Drive. 2 Boyd Circle. Briar Patch Place, from Shoe Lane to and including its cul-de-sac. Buxton Avenue, east side from Salters Creek to 25th Street. Carywood Lane, from Lucas Creek Road to Ashford Place. Connors Drive. Copeland Lane: North side, from Warwick Boulevard to Gatewood Road. Daisy Circle. Fairway Lane, from Moores Lane North to the cul-de-sac. Fenwood Crescent, east of Stoney Drive. Flora Drive, between Connors Drive and Carnation Drive. Fontaine Road, between Gatewood Road and Commodore Drive East. Garrow Road, from Stoney Drive to the east dead end. Hitchens Lane, from Gatewood Road to Warwick Boulevard. Huntington Avenue: West side, from 48th Street to 50th Street. East side, from 51st Street to 54th Street. West side, from 69th Street to 70th Street. Leland Place. Lewallen Drive, from Snidow Boulevard to Lois Lane. Lou Mac Court, from Monarch Drive to David Circle. Lucas Creek Road: Between Denbigh Boulevard and Carywood Lane. Between Carywood Lane and Godfrey Drive. 3 Meadow Drive, from Shoe Lane to dead end. Menchville Court, from Menchville Road to the cul-de-sac. Merritt Road, from Prince Drew Road to the cul-de-sac. Monarch Drive, from Menchville Road to Lou Mac Court. Nutmeg Quarter Place, from Sweetbriar Drive to 400' South of Sweetbriar Drive. Paddock Drive, between Shoe Lane and Mimosa Drive. Quince Circle. Shoe Lane, between Paddock Drive and Moores Lane North/South. Shoe Lane, from Moores Lane North/South to Meadow Drive. Shoe Lane, from Meadow Drive to Bull Lane. Snidow Boulevard, from Barron Drive to Lewallen Drive. Spaulding Drive. Stoney Drive. Sweetbriar Drive, from 450' East of Warwick Boulevard to Timberline Crescent. Warwick Boulevard: East side, from 45th Street to 50th Street. West side service road, from 69th Street north to and including cul-de-sac. West Avenue: West side, from 28th Street to 29th Street and from 31st Street to 32nd Street. East side, from 28th Street to 30th Street and from 31st Street to 32nd Street. West side, from 30th Street to 31st Street. East side, from 30th Street to 31st Street. Whisperwood Drive. 4  2. That this ordinance shall be in effect on and after the date of its adoption, March 12, 2013. 5 G. Other City Council Actions 3. Resolution Approving Virginia Housing Development Authority (VHDA) Taxable Bond Financing for the Construction of Denbigh Village Apartments ACTION: A REQUEST TO APPROVE A RESOLUTION TO FACILITATE THE VIRGINIA HOUSING DEVELOPMENT AUTHORITY (VHDA) TAXABLE BOND FINANCING FOR THE CONSTRUCTION OF AN ECONOMICALLY MIXED PROJECT NAMED DENBIGH VILLAGE APARTMENTS. BACKGROUND: l The developer, Denbigh Village, LLC, has requested taxable bond financing from the VHDA to demolish an existing apartment complex and build a new complex at 14332 Deloice Crescent in the Denbigh area of the City. l The developer proposes to remove an older, existing 137-unit complex and replace it with a 244-unit complex. l A requirement of the VHDA bond financing program is to have mixed-income families in the proposed development. l To be considered favorably by VHDA for the financing program, a resolution with certain language predetermined by VHDA must be approved by the jurisdiction where the complex is to be situated. FISCAL IMPACT: l The approval of this resolution requires no financial obligation of the City. l The City Manager recommends approval. Supporting Material CM Memo re VHDA Financing Denbigh Village Renderings Reso re VHDA Financing (Denbigh Village, LLC)  RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA PURSUANT TO SECTION 36-55.30:2 OF THE CODE OF VIRGINIA. 1950. AS AMENDED. REGARDING AN ECONOMIC ALLY MIXED PROJECT FOR \\ IIICH \ IRGINIA HOLSiNG DL\’l LOPMENT AUTHORITY TAXABLE BOND FINANCING IS SOUGHT B\ US DEVELOPER, DENBIGH VILLAGE. LLC. WHEFEAS, DENBIGH VILLAGE, LLC, (the “APPLICANT”) has initiated plans to build an economically mixed project within the City ofNewport News. Virginia (the “CITY”) consisting of approximately 244 apartment dwelling units in nine buildings, constructed of brick, wood and vinyl, with a surface parking lot consisting of 467 parking spaces, as described in the document attached hereto, to be read as a part hereof and identified as “Exhibit A”, located on three parcels totaling 1 0 62 cres (more or less) of real pioperty at the intersection ofDeloice Crescent and Flint Drive (curiLntI’ known as Woodbiidge Point Apartments which iie to be demolished) (thL “PROJECT”); and WHEREAS, the APPLICANT has petitioned the Virginia Housing Development Authority the “VHDA”) to grant to it taxable bond financing; and WHEREAS, Section 36-55.30:2.B of the Code of Virginia, 1950, as amended, permits the \‘HDA to finance an economically mixed project that is not within a revitalization area if the overning body of the cdv or county in which such project is or will be located shall by resolution determine (i) eithci (a) that the abiIit’ to provide residential housing and suppoiting I cilities that serc pLrsons or families of low ci or moderate income will be enhanccd if a portion ol the units therein aic occupied or held availablc for occupancy by peisons and families who are not of low and modci Ue income or (b) that the sun oundmg area of such ploject is, or is expected in the future to be, inhabited predominantly by lower income peisons and families and will benefit born an economic mix of residents in such project and (ii) piivate enterprise and investment are not reasonably e\pected, without assistance to produce the construction oi iehabilitation of dccent, safe and sanitaly housing and supporting facilities that will meet the needs of low and modciate income peisons and families in such aiea and will induce other pet sons and families to li\ e within such area and thereby create a desirable economic mix of residents in such area; and WHEREAS. the PROJECT is not within a revitalization area; and WHEREAS, the APPLICANT has petitioned the Newport News City Council ( the “COUNCIL”) to adopt a resolution to enable the applicant to have VHDA finance its PROJECT; and WHEREAS, the City Manager has reviewed the APPLICANT’S petition and recommends to the COUNCIL (i) that the ability to provide residential housing and supporting facilities that serve persons or families of lower or moderate income will be enhanced if a portion of the units therein are occupied or held available for occupancy by persons and families who are not of low and moderate income and (ii) private enterprise and investment are not reasonably expected, without assistance, to produce the construction or rehabilitation ofdecent, safe and sanitary housing and supporting facilities that will meet the needs of low and moderate income persons and families in such area and will induce other persons and families to live within such area and thereby create a desirable economic mix of residents in such area; and WHEREAS, the COUNCIL has considered the City Manager’s recommendation, and the desirability of the PROJECT. NOW. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA: 1. Thatpursuantto Section 36-55.30:2.B of the Code of Virginia. 1950. as amended: (a) it has determined that the ability to provide residential housing and supporting facilities that serve persons or families of lower or moderate income will be enhanced if a portion of the units therein are occupied or held available for occupancy by persons and families who arc not of low and moderate income; and (h) that it has further determined that private enterprise and investment are not reasonably expected, without assistance, to produce the construction or rehabilitation of decent, safe and sanitary housing and supporting facilities that will meet the needs of low and moderate income persons and families in such area and will induce other persons and families to live within such area and thereby create a desirable economic mix of residents in such area. 2. That the COUNCIL’s adoption of this resolution as required by Section 36-55.30:2.B of the Code of Virginia, 1950, as amended, does not constitute an endorsement of the PROJECT or the Bonds to a prospective purchaser of the Bonds, of the proposed use of the proceeds of the Bonds, or of the creditworthiness of the APPLICANT, and, that the City of Newport News shall not be obligated to pay the principal of, premium, if any, or the interest on the Bonds, and neither the faith and credit nor the taxing power of the City of Newport News shall be pledged thereto. 3. That this resolution shall be in effect on and after the date of its adoption, March 12, 2013. 7  EXHIBIT A Denbigli Village Apartments: Denbigh Village Apartments will have 244 apartment homes. The dwellings will be in nine buildings with two buildings with three stories, and seven four story buildings with elevators. Parking will be provided with on-site surface parking, and on-site amenities will include a clubhouse, pool. Denbigh Village Apartments Statistical Information: Suburban Style Market Rate Anartmcnts Building 1 16 Units, 4,482 Gross Square Feet on 4 stories (i.e., each story is 4,482 sq. ft.) with an elevator — Building 2—24 Units, 9,690 Gross Square Feet on 3 stories (i.e., each story is 9,690 sq. ft.) Building 3—32 Units, 8,275 Gross Square Feet on 4 stories (i.e., each story is 8,275 sq. ft.), with an elevator Building 4—32 Units. 6,630 Gross Square Feet on 4 stories (i.e., each story is 6,630 Sq. ft.), with an elevator Building 5—32 Units, 7,789 Gross Square Feet on 4 stories (i.e., each story is 7,789 Sq. ft.), with an elevator. Building 6— 16 Units, 4,448 Gross Square Feet on 4 stories (i.e., each story is 4,448 Sq. ft.), with an elevator. Building 7— 16 Units, 7,789 Gross Square Feet on 4 stories (i.e., each story is 7,789 Sq. ft.), with an elevator, Building 8—32 Units, 8,275 Gross Square Feet on 4 stories (i.e., each story is 8,275 Sq. ft.), with an elevator. Building 9— 12 Units, 5,381 Gross Square Feet on 4 stories (i.e., each story is 5,381 Sq. ft.), Surface Parking Lot with 467 Spaces, with 20 handicapped spaces. Building Materials: Brick, wood and vinyl. G. Other City Council Actions 4. Ordinance Amending and Reordaining City Code, Chapter 21, Hotels and Similar Establishments ACTION: A REQUEST TO ADOPT AN ORDINANCE AMENDING CITY CODE, CHAPTER 21, HOTELS AND SIMILAR ESTABLISHMENTS TO STRENGTHEN THE CITY'S REGULATIONS. BACKGROUND: l In recent years, there has been a rise in complaints and problems regarding hotels, motels and similar establishments. l In February 2012, a cross-departmental team was convened and began work on revising the City's current Ordinance regarding these establishments. l The proposed changes were created with the input and support of the Newport News Hospitality Association (NNHA) and Newport News Public Schools (NNPS). l The Ordinance utilizes the best practices from other regional localities, while molding specific sections to the needs and circumstances found in the City. l The City Manager recommends approval. FISCAL l N/A IMPACT: Supporting Material CM Memo re Hotel-Motel Ord Revisions Support Docs Ord Amending Chapter 21, Hotels and Similar Establishments  CITY OF NEWPORT NEWS OFFICE OF THE CITY MANAGER March 6, 2013 TO: The Honorable City Council FROM: City Manager SUBJECT: Revised Regulations, Chapter 21 – Hotels and Similar Establishments The purpose of this memorandum is to inform City Council of proposed changes to City Code, Chapter 21 – Hotels and Similar Establishments. Staff has drafted a revised ordinance that strengthens the City’s regulations, allowing for an enhanced ability to reduce crime and helping staff to identify and assist financially disadvantaged families living in housing unsuitable for permanent residence. A cross-departmental team began work on revising our current ordinance in February of 2012, and has created a set of regulations that I believe will enhance enforcement capabilities, while not negatively impacting legitimate hotel/motel establishments. The working group included representatives from the City Attorney’s Office, the City Manager’s Office, the Department of Codes Compliance, the Department of Human Services, the Commissioner of the Revenue’s Office, the Fire Department, the Police Department, and the Sheriff’s Office. To demonstrate the extent of the problem certain properties pose to our community, attached are the calls for service/offense statistics for two of the hotel establishments that have been problematic from a variety of perspectives, the most significant being public safety. The attached ordinance utilizes best practices from other regional localities, while molding specific sections to the needs and circumstances found in Newport News. Some of the more significant regulations found in the revised ordinance include: - Limiting the amount of time occupants may stay in a hotel or motel to 30 days in a 60 day period—with exceptions for extended stay establishments and business/military contracts. Extensions would also be granted in instances where it is determined the occupant would become homeless upon expulsion from a hotel/motel establishment. The Honorable City Council Page 2 Revised Regulations, Chapter 21 – Hotels and Similar Establishments March 6, 2013 - Requiring that a record be kept of children who stay in a hotel or motel establishment for more than 15 consecutive days. - Adding an annual permitting process for operating a hotel/motel establishment in Newport News, to include an annual inspection by the Departments of Codes Compliance, Fire, Police and Health. Prior to bringing this action before City Council, staff consulted with the Newport News Hospitality Association (NNHA) and Newport News Public Schools (NNPS) to gather input on the proposed changes and help ensure the new regulations would not have any unintended consequences. We received great feedback and support from the NNHA and NNPS, both of which sent a letter of support (attached) in favor of the changes being proposed. For these reasons, I recommend that City Council approve the proposed changes to City Code, Chapter 21 – Hotels and Similar Establishments. Neil A. Morgan NAM:fhr Attachments G:\NEIL A. MORGAN\CITY MANAGER CORRESPONDENCE\2013\March\Memo to HCC re Hotel-Motel Regs.docx  Undisclosed Property - Hotel A This hotel had 738 calls for service from April 1) 1, 2010 to April 1, 2012. The property owner received three drug 2) nuisance letters from the Chief of Police (Jan. 25, 2012; March 9, 2012; and May 9, 2012). Seven search warrants were served at the 3) hotel between 4/30/10 to 5/9/12. 31 persons were arrested on the property 4) for drug offenses between 4/30/10 to 5/9/12. The hotel has had numerous fire and 5) property maintenance violations. Undisclosed Property - Hotel B From June 1, 2008 to May 31, 2009, this hotel 1) had 85 reported offenses. From June 1, 2008 to May 31, 2009, this hotel 2) had 431 calls for service. Codes Compliance, the Health Department, and the Fire Department cited the hotel with 3) multiple violations on two separate occasions.  February 1, 2013 EXECUTIVE BOARD MEMBERS Neil A. Morgan MAUREEN COON City Manager President City of Newport News Hampton Inn and Suites 2400 Washington Avenue (757) 249-0001 Newport News, Virginia 23607 VIRGINIA GABRIELE Vice President Dear Mr. Morgan: Virginia Living Museum (757) 595-1900 I am contacting you on behalf of the Newport News Hospitality Association (NNHA) to express support for the proposed changes to the City CRYSTAL BREEDE ordinance regulating hotels and motels in Newport News. Upon reviewing the Secretary draft ordinance with City staff, the NNHA feels that the revised regulations Mariners Museum will help to raise the minimum standard of service provided to travelers who (757) 596-2222 are visiting our City. We believe that these changes will have a positive effect on tourism and the overall state of the hospitality industry in Newport News. LORI LEIB Treasurer Sincerely, Comfort Suites (757) 947-1332 Maureen Coon Board of Directors President Neil Burns Newport News Hospitality Association Ferguson Center for the Arts Ted Hemmert Hilton Garden Inn Nancy Newman Mariners Museum Cheryl Johnson Newport News Marriott Hotel Ken Spirito Newport News/Williamsburg Airport Barry Shapiro James River Transportation sdm11551 ORDINANCE NO. _______________ AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 21, HOTELS AND SIMILAR ESTABLISHMENTS, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News, Virginia: 1. That Chapter 21, Hotels and Similar Establishments, of the Code of the City of Newport News, Virginia, be, and the same hereby is, amended and reordained as follows: CHAPTER 21 HOTELS AND SIMILAR ESTABLISHMENTS Sec. 21-1. Violations of chapter. Every violation of any provision of this chapter shall constitute a Class 4 misdemeanor. Sec. 21-2. Guest register generally. (a) Every person conducting any inn, motel, hotel or lodginghouse in the city, where rooms are let for less than a week, shall at all times keep and maintain therein a book or register, in which shall be typewritten or inscribed with ink or indelible pencil the name and home address of each guest or person renting or occupying a room therein for less than a week. Such register shall be signed by the person renting a room, or someone by his authority, and the proprietor of such inn, motel, hotel or lodginghouse, or his agent, shall thereupon write opposite such name so registered the number of the room assigned to and occupied by such guest, together with the time for which such room is rented. Until all of the aforesaid entries have been made in such register, no guest shall be permitted to occupy privately any room in such place. (b) When the occupant of a room so rented pursuant to this section shall quit and surrender the same, it shall be the duty of the proprietor of the inn, motel, hotel or lodginghouse, or his agent, to enter the time thereof in the register kept under this section, opposite the name of such occupant. (c) The register required by this section shall be kept at all times open to the inspection of any guest of the inn, motel, hotel or lodginghouse wherein the register is kept and of any executive or police officer of the city. Sec. 21-3. False registration by guests. It shall be unlawful for any person to write, or cause to be written, or knowingly permit to be written, in any register in any inn, motel, hotel or lodginghouse whatsoever in the city any other or different name or designation than the true name of the person registering therein, or the name by which such person is generally known. Sec. 21-4. Joint occupancy of room by persons of opposite sex. (a) It shall be unlawful for the proprietor, manager or other person in charge of any inn, motel, hotel or lodginghouse whatsoever in the city to rent or assign to, or to suffer or permit to be rented or assigned to, or privately occupied jointly by, persons of the opposite sex, any room in such inn, motel, hotel or lodginghouse, unless such persons shall be registered as husband and wife, or as parent and minor child, or if, notwithstanding such registration, such proprietor, manager or other person receiving such persons as guests into such inn, motel, hotel or lodginghouse shall have reasonable cause to believe such persons not to be, and they be not, husband and wife or parent and minor child. (b) It shall be unlawful for any two (2) persons of the opposite sex, except husband and wife or parent and minor child, to occupy jointly and privately any room in any inn, motel, hotel or lodginghouse in the city. Sec. 21-5. Letting same room more than once in one night. It shall be unlawful for any person to let, for sleeping or lodging purposes, any room in any inn, motel, hotel or lodginghouse whatsoever in the city more than once between the hours of 9:00 p.m. and 6:00 a.m. the next day, except to bona fide travelers with baggage. Sec. 21-1. Definitions. (a) Generally. For the purposes of this chapter, certain words and phrases shall have the meanings set out in this section, except in cases where the context clearly indicates a different meaning. (b) Lodging unit means living and sleeping quarters for a person or persons. (c) Minor means an individual less than eighteen (18) years of age. (d) Person means any individual, firm, owner, sole proprietorship, partnership, corporation, and unincorporated association governmental body, municipal corporation, executor, 2 administrator, trustee, guardian, agent, occupant or other legal entity. (e) Hotel and motel means any building, structure or place containing ten (10) or more lodging units wherein transient guests are lodged for compensation on a daily or weekly basis. (f) Transient guest is one who stays for less than thirty (30) days at a hotel or motel. (g) Law enforcement personnel means any law enforcement officer, fire marshal or any of his assistants, fire inspector, or sworn special conservator of the peace employed by the City or Health Department. (h) Records mean the name and home address of each guest or person renting or occupying a room, including adults and minors, kept electronically or in a book/register inscribed with ink or indelible pencil. (i) Extended stay hotel means a building or group of buildings containing sleeping accommodations for ten (10) or more persons not members of a resident family and used for temporary occupancy of transients and containing cooking facilities in more than fifty (50) percent of the individual units, and from which ingress and egress is made to rooms from individual outside entrances. Sec. 21-2. Penalties. Any person violating any provision of this chapter shall be guilty of a Class 1 misdemeanor. Each day a violation continues constitutes a separate offense. In addition to any penalties imposed for each violation, a judge hearing the case shall order the person responsible for the violation to correct the violation, and each day’s default in such correction shall constitute a violation of and a separate offense under this chapter. Sec. 21-3. Enforcement. Any law enforcement officer, fire marshal or any of his assistants, fire inspector, sworn special conservator of the peace or any person functioning as a Newport News Public School attendance officer is authorized and shall have authority to enforce all provisions of this chapter. Sec. 21-4. Severability. Severability is intended throughout and within all the provisions of this chapter. If any provision (including inter alia any word, phrase, sentence, paragraph, subsection or section), or the application thereof to any person or circumstance, is judicially declared to be invalid, the remaining 3 provisions and their application shall not be affected thereby. Sec. 21-5. Access to premises and records. Any law enforcement personnel shall have access at all reasonable times to all hotels and motels, except the private room of a guest, unless so authorized by other laws or ordinances, for the purpose of investigating any complaint or enforcing any law, ordinance or regulation. Sec. 21-6. Numbering of rooms or units. Each unit in any hotel or motel shall be numbered in a plain, conspicuous manner. Such numbers shall be at least three (3) inches high and shall be placed at eye level on the outside of the outer door of each lodging unit, and no two (2) lodging units shall bear the same number. Sec. 21-7. Guest register generally. (a) Every person operating any hotel or motel in the city shall at all times keep and maintain therein a record, either electronic or in a book/register inscribed with ink or indelible pencil, the name and valid address of each adult guest or person renting or occupying a room, except in cases where a third-party registered travel agent or legal entity is responsible for making travel arrangements for individuals or parties. The name of all minors shall be recorded and kept if such persons are not accompanied by an adult. Such book or register shall be signed by the person renting a room, or someone of his authority, and the proprietor of such hotel or motel, or his agent, shall thereupon electronically enter or write, with ink or indelible pencil, opposite such name so registered, the number of the room assigned to and occupied by such guest, together with the time when such room is rented. Until all of the aforesaid entries have been made electronically or in such book or register, no guest shall be permitted to occupy privately any room in such hotel or motel. (b) When the occupant of a room so rented shall quit and surrender the same, it shall be the duty of the proprietor of such hotel or motel, or his agent, to enter the time thereof electronically or in such book or register opposite the name of such occupant. Sec. 21-8. False registration by guests. It shall be unlawful for any person to write, or cause to be written, or knowingly permit to be written, in any electronic record, book or register in any hotel or motel in the city, any other or different name or designation than the true name of the person registered therein. Photo identification or other acceptable form of identification may be required to be produced at 4 registration. Sec. 21-9. Prolonged registration or occupancy of rooms by minors. It shall be the duty of every person in charge or operating or owning a hotel or motel within the city to keep a list, either in the register or separately, of the names and ages of all minors, together with the names and addresses of their parents or guardians, who shall register or rent or occupy any room or series of rooms therein for more than fifteen (15) consecutive days. If such list is kept separately from the register, it shall be subject to inspection at all reasonable times pursuant to subsection 21-5 of this chapter. This section shall not apply to active duty military members who are in the area on valid work order. Sec. 21-10. Giving false information to obtain lodging. It shall be unlawful for any person to obtain lodging for any person under the age of eighteen (18) years in any hotel or motel by giving to the proprietor, owner, manager, agent, person in charge or keeper thereof false information as to such person’s age, or false information as to the relationship to such person of any alleged parent or guardian, or any person under the age of eighteen (18) years who shall obtain lodging in any such establishment by giving any such false information. Sec. 21-11. Renting or occupying room for illegal or unlawful purposes. It shall be unlawful for any person to rent or occupy any room in any hotel or motel in this city for illegal or unlawful purposes, or for the proprietor, manager or other person in charge of any such hotel or motel to rent, assign to or permit any person to occupy any such room, with knowledge that they intend to use it for illegal or unlawful purposes. Sec. 21-12. Letting same room more than once in one night. It shall be unlawful for any person to let any room in any hotel or motel in the city more than once between the hours of 9:00 p.m. and 6:00 a.m. of the next day, except in the case of a pre- scheduled and documented business contract. Sec. 21-13. Length of stay in hotel or motel. (a) It shall be unlawful for any person to put up or stay at any hotel or motel for longer than thirty (30) days in a sixty (60) day period. It shall also be unlawful for the owner, operator, 5 manager, or person in charge of a hotel or motel to permit or allow a person to stay at a hotel or motel in excess of thirty (30) days in a sixty (60) day period. This section shall not apply to extended stay hotels, as defined in this ordinance. (b) Notwithstanding subsection (a) of this section, a stay in excess of thirty (30) days in a sixty (60) day period may occur in the following situations: (1) Where there is a written contract or document between a hotel or motel and a business, corporation, firm, individual or governmental agency to house employees or individuals on valid work orders; (2) Where there is a written contract between the hotel or motel and a governmental, charitable or insurance agency to house families in crisis who are receiving temporary housing assistance from said governmental, charitable or insurance agency; or (3) Where the zoning administrator authorizes in writing, after consultation with the human services director, a stay for an additional period of up to ninety (90) days to prevent residents from becoming homeless. In the event that the department of human services is unable to identify appropriate alternative housing within ninety (90) days, this ninety (90) day period may be extended in writing by the zoning administrator. (4) The written contract, document, and authorization noted above shall be kept on file and must be available for inspection. Sec. 21-14. Receipt for payment received. A receipt showing payment received shall be provided. Sec. 21-15. Permit required. It shall be unlawful for any person to maintain, conduct or operate any hotel or motel in the city, unless he has a valid permit to do so issued pursuant to this chapter. The permit shall be posted in a public place in a conspicuous location for public viewing. Proof of an applicable permit shall be the burden of the permittee. Sec. 21-16. Application. Any person desiring a permit required by this chapter shall make application therefore to 6 the city manager or his designee on a form to be prescribed by him, which application shall include a fee payment of one hundred dollars ($100.00); state the name, if any, of the hotel or motel; the location where the same will be maintained, conducted or operated; the names and addresses of all persons interested in the ownership thereof, if privately owned; the names and addresses of all officers and trustees thereof, if owned by a non-incorporated association; the names and addresses of the officers thereof, if owned by a corporation; and the name and address of the person who will be in actual charge of the operation thereof. The application will also identify how many rooms are available for rent. The application shall also contain the name and address of any other hotel or motel operated, owned or managed by he permittee even if not in the City of Newport News. The application shall also contain any additional information the city manager or his designee requires. Sec. 21-17. Inspection. Upon receipt of a complete application for a permit, the city manager or his designee shall investigate the facts stated therein and shall cause an inspection to be done of the premises by the departments of codes compliance, fire, police and health to ensure there are no outstanding violations of any applicable local, state or federal law on the property. The police department shall also provide information on calls for service and a record of arrests at the location for the year preceding the application or renewal. Sec. 21-18. Permit issuance, expiration and renewal. If the city manager or his designee determines from the investigation that the hotel or motel is in compliance with the permit conditions, a permit shall be granted. Otherwise, the permit shall be denied. If issued, the permit shall be valid for one year from the date of issuance. The permit may be renewed annually after an investigation and inspection as required for new permits pursuant to section 21-17. If a hotel or motel has passed the annual investigation and inspection and had no violations of federal, state or local laws or regulations for two (2) consecutive years, upon permit renewal, a permit which is valid for a three (3) year period will be issued. If a hotel or motel is found to have violated any federal, state or local laws or regulations during the three (3) year period of the permit, the permit may be revoked by the City and the hotel or motel will again be required to apply for permit renewal on an annual basis. Prior to denying or refusing to renew a permit, the city manager or his designee shall first give the applicant at least fifteen (15) days’ written notice and an opportunity to be heard. Notice may be sent by mail to the applicant at the address given on the permit application, which shall constitute sufficient service thereof. The city manager or his designee shall pursue criminal charges; seek an injunction, or both, against any person or persons operating a hotel or motel without a currently valid permit. Sec. 21-19. Permit conditions. 7  Any permit issued pursuant to this chapter shall be subject to the following general conditions, and any additional specific conditions noted by the city manager or his designee in the permit: (a) The motel or hotel shall be operated and maintained in conformance with all applicable federal, state and local laws and regulations, including, but not limited to, the zoning code, building code, fire code, health code, business license code, criminal code, and the provisions of this ordinance; (b) The person or persons in charge of operating or owning the motel or hotel shall promptly notify the Newport News Police Department of any actual or suspected criminal violations, including, but not limited to, violations of the compulsory school attendance laws; contributing to the delinquency of a minor; trespassing; prostitution; and controlled substance possession, manufacturing or distribution; and (c) The city shall have the right to inspect the premises to ensure compliance with all permit conditions. Sec. 21-20. Transfer. A permit issued under this chapter shall not be transferable. Sec. 21-21. Suspension and revocation of permits. The city manager or his designee may at any time, after giving at least fifteen (15) days’ written notice and an opportunity to be heard by the permittee, revoke or suspend for such length of time as he may deem proper any permit applied for or issued under this chapter for any of the following reasons: (a) Fraud or misrepresentation by the permittee in the procurement of such permit; (b) Any violation of any applicable local, state or federal law; (c) Failure to comply with the general or specific terms of the permit; and (d) Any illegal or unlawful acts caused, allowed or permitted to be done by the permittee or his designated manager or operating agent. The notice referred to above may be sent by mail to such permittee at the address given by him on the application for the permit, which shall constitute sufficient service thereof. The city 8 manager or his designee shall pursue criminal charges; seek an injunction, or both, against any person or persons operating a hotel or motel without a currently valid permit. Sec. 21-22. Does not authorize operation of establishment not conforming to laws and ordinances. No permit issued under the provisions of this chapter shall be construed as authorizing the operation of any hotel or motel that does not conform to the laws of the state and the ordinances of the city applicable thereto. 2. That this ordinance shall be in effect on and after January 1, 2014. 9 H. Appropriations ACTION: A REQUEST FOR A MOTION OF CITY COUNCIL TO APPROVE AS A BLOCK THE FOLLOWING APPROPRIATIONS. 1. Department of Public Works – FY 2013 State Revenue for Street and Highway Maintenance – $276,266 H. Appropriations 1. Department of Public Works - FY 2013 State Revenue for Street and Highway Maintenance - $276,266 ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING AN ADDITIONAL $276,266 OF FY 2013 STREET AND HIGHWAY MAINTENANCE STATE REVENUE FOR PUBLIC WORKS RESIDENTIAL STREET RECONSTRUCTION /RESURFACING CONTRACTS. BACKGROUND: l The City has been notified that FY 2013 State revenue for street and highway maintenance will be higher than estimated. l The additional funds will be appropriated to Public Works’ General Fund, which is the department that will oversee the contracts. l The funds will subsequently be moved to the Street/Highway Maintenance Fund, which is required by State accounting. FISCAL IMPACT: l No other local funds are required for this resolution. l The City Manager recommends approval Supporting Material CM Memo Street Hwy Maintenance Appropriation re Street Highway Maintenance Funds sdm11491 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING REVENUE TO FORCE ACCOUNT-STREET/HIGHWAY MAINTENANCE GENERAL FUND REVENUE AND STREET/HIGHWAY MAINTENANCE FUND AND APPROPRIATING EXPENDITURES TO CONTRACTUAL PAVING/PUBLIC WORKS DEPARTMENT AND STREET/HIGHWAY MAINTENANCE FUND QUALIFIED ASPHALT/RESURFACING. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News: That it hereby appropriates revenue to Force Account-Street/Highway Maintenance General Fund Revenue and Street/Highway Maintenance Fund and appropriating expenditures to Contractual Paving/Public Works Department and Street/Highway Maintenance Fund Qualified Asphalt/Resurfacing, as follows: Appropriate Revenue To: Force Account-Street/Highway Maintenance General Fund Revenue 1000-100-00-0000-418307 $ 276,266.00 Street/Highway Maintenance Fund 2510-000-30-427501 $ 276,266.00 Appropriate Expenditures To: Contractual Paving/Public Works Department 1000-250-31-3125-530200 $ 276,266.00 Street/Highway Maintenance Fund Qualified Asphalt/Resurfacing 2510-000-30-0000-558611 $ 276,266.00 *I. Citizen Comments on Matters Germane to the Business of City Council J. New Business and Councilmember Comments City Manager City Attorney City Clerk Whitaker Woodbury Bateman Coleman Price Scott Vick K. Adjourn *THE BUSINESS PORTION OF THE MEETING WILL BE CONCLUDED NO LATER THAN 10:00 P.M. TO ALLOW PERSONS TO ADDRESS CITY COUNCIL UNDER “CITIZEN COMMENTS ON MATTERS GERMANE TO THE BUSINESS OF CITY COUNCIL.”