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 25, 2014 City Council Chambers 7:00 p.m. A. Call to Order B. Invocation - Rev. George Chioros, Saints Constantine and Helen Greek Orthodox Church C. Pledge of Allegiance to the Flag of the United States of America D. Presentations 1. Proclamation: National Fair Housing Month - April 2. Proclamation: National Public Safety Telecommunicators Week - April 13-19, 2014 E. Public Hearings 1. Ordinance Authorizing Revocation of Conditional Use Permit No. CU-13-312, Approved by City Council on September 24, 2013, to Jefferson Partnership for Jefferson Restaurant Company, to Operate an Adult-Use (Nightclub) Located at 11975 Jefferson Avenue; this Item was Continued by City Council at its February 11, 2014 Meeting 2. Ordinance Authorizing Conditional Use Permit No. CU-14-324, to the Hampton Roads Sanitation District (HRSD) Commission to Construct a Monopole Communications Tower on a Leased Area Located at 2401 G Avenue and Zoned M1 Light Industrial 3. Ordinance Authorizing Conditional Use Permit No. CU-14-325, to the Hampton Roads Sanitation District (HRSD) Commission to Construct a Monopole Communications Tower on a Leased Area Located at 300 Terminal Avenue and Zoned M2 Heavy Industrial 4. Ordinance Authorizing Conditional Use Permit No. CU-14-329, to Advantage Motors Properties LLC, to Operate a Used Car Dealership on Property Located at 5820 Jefferson Avenue and Zoned C2 General Commercial 5. Ordinance Authorizing Conditional Use Permit No. CU-14-330, to Ponton Holdings LLC, to  Operate an Automobile Gasoline Supply Station (7-Eleven) on Property Located at 998 J. Clyde Morris Boulevard and Zoned C1 Retail Commercial 6. Ordinance Authorizing Site Regulations, SR-14-17, City of Newport News to Amend Chapter 33.02, Article III., Section 33.02-51 to Clarify Landscaping and Green Area Requirements F. Consent Agenda 1. Minutes of the Special Meeting of March 11, 2014 2. Minutes of the Work Session of March 11, 2014 3. Minutes of the Regular Meeting of March 11, 2014 G. Other City Council Actions 1. Ordinance Amending City Code, Chapter 20, Health and Sanitation Generally; Article II., Mosquito Control; Section 20-25, Prescribed Methods of Treatment of Collections of Water in Which Mosquitoes Breed or Are Likely to Breed 2. Ordinance Amending City Code, Chapter 2, Administration; by Adding New Article VII., Office of Risk Management 3. Ordinance Amending City Code, Chapter 2, Administration; Article XXIII., Department of Human Resources; Section 2-601; to Change the Name of the Office of Self-Insurance to the Office of Risk Management 4. Ordinance Amending City Code, Chapter 2, Administration; Article XXXVI., Administration of Self-Insurance Funds; Section 2-745, Notice to Self-Insurance Administrator; and Section 2-749, Payment of Money in Settlement; Changing the Title of Self-Insurance Administrator to Risk Manager 5. Resolution Opposing in Congress House Resolution 612 (HR 612): The Safe and Efficient Transportation Act H. Appropriations 1. Newport News Fire Department (NNFD) - FY 2013 State Homeland Security Program (SHSP): Hazardous Materials (HazMat) Team Equipment Grant - $55,115 2. Newport News Fire Department (NNFD) - Virginia Department of Health (VDH) Special Initiative Grant - $95,550 3. Department of Public Works - FY 2014 Additional State Revenue for Street and Highway Maintenance - $482,483 4. Department of Engineering – FY 2014 Bond Authorization, Parks and Recreation Category – Newport News Park Campsite Office – $1,100,000 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. Vick 5. Whitaker 6. Woodbury 7. Bateman 8. Coleman 9. Price 10. Scott 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. George Chioros, Saints Constantine and Helen Greek Orthodox Church C. Pledge of Allegiance to the Flag of the United States of America D. Presentations E. Public Hearings 1. Ordinance Authorizing Revocation of Conditional Use Permit No. CU-13-312, Approved by City Council on September 24, 2013, to Jefferson Partnership for Jefferson Restaurant Company, to Operate an Adult-Use (Nightclub) Located at 11975 Jefferson Avenue; this Item was Continued by City Council at its February 11, 2014 Meeting ACTION: A REQUEST TO ADOPT AN ORDINANCE REVOKING CONDITIONAL USE PERMIT NO. CU-13- 312 TO JEFFERSON PARTNERSHIP FOR THE JEFFERSON RESTAURANT COMPANY, TO OPERATE AN ADULT USE (NIGHTCLUB) ON PROPERTY LOCATED AT 11975 JEFFERSON AVENUE AND ZONED C1 RETAIL COMMERCIAL. BACKGROUND: l City Council approved Conditional Use Permit No. CU-13-312 for the operation of an adult use (nightclub) at 11975 Jefferson Avenue on September 24, 2013. l The applicant, Reyna's LLC, operated the nightclub without adhering to the conditions specified in the conditional use permit. l City Council held a hearing on February 11, 2014, to consider revoking the conditional use permit, but continued the hearing until March 25, 2014. l Since the initial public hearing, staff has received correspondence from the owners which states the tenant has vacated the premises. l The City Manager recommends revocation. FISCAL IMPACT: l N/A Supporting Material CM Memo re Revocation of CU-13-312 Supporting Document bll9019 Ord Revoking CU-13-312 re Jefferson Restaurant Company bll9019 ORDINANCE NO. _________________ AN ORDINANCE REVOKING CONDITIONAL USE PERMIT NUMBER CU-13-312 WHICH WAS ISSUED TO JEFFERSON RESTAURANT COMPANY ON SEPTEMBER 24, 2013 FOR THE OPERATION OF AN ADULT USE (A NIGHTCLUB) IN A C1 RETAIL COMMERCIAL DISTRICT. WHEREAS, on September 24, 2013, the City Council for the City of Newport News issued CU-13-312 to the applicant, Jefferson Restaurant Company, authorizing the operation of an adult use (a night club) in a C1 Retail Commercial District, and imposed certain conditions upon the said use, and that said conditional use permit became a part of the Zoning Ordinance for the City of Newport News; and WHEREAS, City Code Section 45-2710 authorizes the City Council to revoke a conditional use permit for violation of any terms or conditions thereof provided that ten (10) days written notice is given to the applicant or his successor and a public hearing is held following public notice as provided in Section 15.2-2204, of the Code of Virginia, 1950, as amended; and WHEREAS, the applicant has been given written notice of the public hearing for the proposed revocation of CU-13-312 and said public hearing for the proposed revocation was advertised in the Daily Press in accordance with the aforementioned requirements. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News, Virginia, that CU-13-312 is hereby REVOKED due to violations of the conditions of CU-13-312. E. Public Hearings 2. Ordinance Authorizing Conditional Use Permit No. CU-14-324, to the Hampton Roads Sanitation District (HRSD) Commission to Construct a Monopole Communications Tower on a Leased Area Located at 2401 G Avenue and Zoned M1 Light Industrial ACTION: A REQUEST TO ADOPT AN ORDINANCE AUTHORIZING CONDITIONAL USE PERMIT NO. CU- 14-324, TO THE HAMPTON ROADS SANITATION DISTRICT (HRSD) COMMISSION TO CONSTRUCT A 104 FOOT COMMUNICATIONS TOWER ON A 21.43 ACRE PARCEL LOCATED AT 2401 G AVENUE AND ZONED M1 LIGHT INDUSTRIAL. BACKGROUND: l The HRSD Commission is requesting approval to build a communications tower as part of a system- wide technology upgrade. l The property is adjacent to the Newport News- Williamsburg International Airport. l Both the Federal Aviation Administration (FAA) and airport management reviewed the request and have no objections. l The use is consistent with the Framework for the Future 2030 Comprehensive Plan land use map designation of utilities. l On March 5, 2014, the City Planning Commission voted 5:2 to recommend approval of the request with conditions. Vote on Roll Call For: Austin, Carpenter, Jones, Roberts, Willis Against: Long, Mulvaney Abstention: None l The City Manager recommends approval with conditions. FISCAL IMPACT: l N/A Supporting Material CM Memo re CU-14-324 HRSD Staff Report and CPC Minute Excerpts sdm12382 CU-14-324 re The Hampton Roads Sanitation District (2401 G Ave) E. Public Hearings 3. Ordinance Authorizing Conditional Use Permit No. CU-14-325, to the Hampton Roads Sanitation District (HRSD) Commission to Construct a Monopole Communications Tower on a Leased Area Located at 300 Terminal Avenue and Zoned M2 Heavy Industrial ACTION: A REQUEST TO ADOPT AN ORDINANCE AUTHORIZING CONDITIONAL USE PERMIT NO. CU- 14-325, TO THE HAMPTON ROADS SANITATION DISTRICT (HRSD) COMMISSION TO CONSTRUCT A 199 FOOT COMMUNICATIONS TOWER ON A 5.0 ACRE PARCEL LOCATED AT 300 TERMINAL AVENUE AND ZONED M2 HEAVY INDUSTRIAL. BACKGROUND: l The HRSD Commission is requesting approval to build a communications tower as part of a system- wide technology upgrade. l The use is consistent with the Framework for the Future 2030 Comprehensive Plan land use map designation of utilities. l On March 5, 2014, the City Planning Commission voted 5:2 to recommend approval a communications tower with a maximum height of 150 feet. Vote on Roll Call For: Austin, Carpenter, Jones, Roberts, Willis Against: Long, Mulvaney Abstention: None l The City Manager recommends approval with conditions. FISCAL IMPACT: l N/A Supporting Material CM Memo re CU-14-325 HRSD Staff Report and CPC Minute Excerpts sdm12383 CU-14-325 re The Hampton Roads Sanitation District (300 Terminal Ave) E. Public Hearings 4. Ordinance Authorizing Conditional Use Permit No. CU-14-329, to Advantage Motors Properties LLC, to Operate a Used Car Dealership on Property Located at 5820 Jefferson Avenue and Zoned C2 General Commercial ACTION: A REQUEST TO ADOPT AN ORDINANCE AUTHORIZING CONDITIONAL USE PERMIT NO. CU- 14-329, TO ADVANTAGE MOTORS PROPETIES LLC, TO OPERATE A USED CAR DEALERSHIP ON A 0.96 ACRE PARCEL LOCATED AT 5820 JEFFERSON AVENUE AND ZONED C2 GENERAL COMMERCIAL. BACKGROUND: l The proposed used car dealership will make use of an abandoned used car dealership property that was permitted by a now expired conditional use permit. l The planned improvements will prevent further blight and disrepair, as well as enhance the visual appearance of the site. l The use is consistent with the Framework for the Future 2030 Comprehensive Plan land use map designation of community commercial. l On March 5, 2014, the City Planning Commission voted unanimously 7:0 to recommend approval of the request with conditions. Vote on Roll Call For: Austin, Carpenter, Jones, Long, Mulvaney, Roberts, Willis Against: None Abstention: None l The City Manager recommends approval with conditions. FISCAL IMPACT: l N/A Supporting Material CM Memo re CU-14-329 Advantage Motors Staff Report and CPC Minute Excerpts sdm12377 CU-14-329 re Advantage Motors Properties LLC sdm12377 ORDINANCE NO. ____________ AN ORDINANCE GRANTING CONDITIONAL USE PERMIT NUMBER CU-14-329 FOR THE HEREINAFTER DESCRIBED PROPERTY FOR THE PURPOSE OF OPERATING AN AUTOMOBILE SALES, USED CAR DEALERSHIP ON PROPERTY IN A C2 GENERAL COMMERCIAL ZONING DISTRICT. WHEREAS, application number CU-14-329 has been made by ADVANTAGE MOTORS PROPERTIES, LLC for a conditional use permit for the hereinafter described property for the purpose of operating an automobile sales, used car dealership on Property in a C2 General Commercial Zoning District; and WHEREAS, the application has been referred to the Planning Commission of the City of Newport News for recommendation and has been duly advertised as required by law and the said Planning Commission has made its recommendation. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News: (a) That conditional use permit number CU-14-329 is hereby granted for the property described in paragraph (b) hereof for the purpose of operating an automobile sales, used car dealership on Property in a C2 General Commercial Zoning District; and (b) That the property, hereinafter referred to as the "Property," to which the conditional use permit applies is particularly described below: All those certain lots, pieces, or parcels of parcels of land situate, lying and being in the City of Newport News, Virginia, known, numbered and designated as Lots Numbered FIVE (5), SIX (6), SEVEN (7) and EIGHT (8), as shown on that certain plat of survey entitled, “Plat of the Property of Lawrence & Joyce E. Richway, Lots 5-8, Block J, Map of Betsy Lee Gardens, Newport News, Virginia”, dated December 16, 2002, made by A. D. Potts and Associates, to which reference is here made; and hereinafter referred to as the “Property.” (The Property has a common street address of 5820 Jefferson Avenue and has Real Estate Tax Assessor’s Tax I.D.# 287.00-04-16.) (c) That this conditional use permit is granted subject to the following conditions, each of which shall be implemented upon approval of this ordinance: 1. The applicant shall install a ten (10) foot landscape strip to be maintained in perpetuity along the Property’s Jefferson Avenue road frontage. The landscape strip shall be planted in accordance with the Site Regulations. 2. The applicant shall submit a landscape plan which shall conform to this conditional use permit, the City’s Site Regulations and the Zoning Ordinance to be approved by the Director of Planning prior to the issuance of a certificate of occupancy. All landscaping shall be installed in accordance with the approved plan and shall be maintained in a healthy condition in perpetuity. The use approved by this permit shall not commence until the landscaping has been installed. 3. The applicant shall install and maintain a minimum twenty-one (21) foot wide landscaped buffer area from the north side of the building to Ellen Road and a minimum sixteen (16) foot landscaped buffer area from the south of the building to Temple Lane along the eastern property line, except where the existing primary structure presently encroaches within the buffer. Should the structure be demolished, or the portion of the structure encroaching into the buffer be demolished, the entire buffers required in this condition shall be fully installed. 4. The applicant shall install a six (6) foot privacy fence along the eastern boundary of the Property where it abuts residential property. The fence shall be maintained in good condition for the duration of the use authorized by this permit. The materials, color and style of the fence shall be reviewed and approved by the Director of Planning. 5. The entrance into the Property shall be from Temple Lane. There shall be no additional entrances onto the Property. 6. One freestanding sign shall be permitted on the Property. The sign shall be a monument style sign no taller than eight (8) feet measured from the highest point of the sign area structure to the top of the curb, and shall not exceed fifty (50) square feet of sign area. An electronic sign shall not be permitted. Sign design and materials shall be reviewed and approved by the Director of Planning and such sign shall be maintained as approved. 7. Any dumpster or other trash receptacle on the Property, shall be screened from adjacent properties and rights-of-way with materials and design approved by the Director of Planning and shall be maintained in such condition in perpetuity. 8. No flags, banners, balloons, or window advertising shall be affixed to any automobiles on display. 2 9. The automobiles displayed on the site shall not encroach into the public right-of-way landscape strip or other landscaped areas. 10. The automobiles for sale shall be displayed only in marked parking spaces, not to exceed 40 automobiles, and shall not be double-parked. 11. All repair and service work on the lot shall be limited to minor repairs to vehicles for sale on the lot and such repairs must be performed within an enclosed building. 12. There shall be no outside storage of cars in a state of obvious disrepair. 13. Outdoor public address systems shall be prohibited. 14. The applicant shall cause a plan (“the Plan”) to be prepared for the installation and operation of digital video equipment (the “Equipment”) with recording devices and capability sufficient to include date and time the recording is made. The Equipment shall provide surveillance coverage encompassing the front, side and rear exteriors of the use permitted by this ordinance. The Plan shall be submitted for review and approval by the Police Department. The Plan shall include an operational period for the Equipment, which shall include all operating hours of the business and one hour or more after the close of business. Once the Plan is approved, the applicant shall install the Equipment in accord with the provisions of the Plan; and operate, record, and maintain the Equipment to provide for the required surveillance coverage. The Equipment and recordings made thereby shall be subject to periodic inspection by the Police Department at reasonable times. Commencement of the use authorized by this conditional use permit shall constitute acceptance of the conditions of this permit, including consent for such inspections. Surveillance tapes or recorded data must be maintained in a condition permitting review of the information recorded or stored therein or thereon for a period of time no less than thirty days. 15. The applicant, as well as successors, assigns and agents, if any, shall comply with all of the conditions stated herein, as well as all codes, ordinances and regulations of federal, state and local governments. 16. The applicant, as well as successors, assigns, and agents, if any, shall obtain all necessary licenses, approvals, conditional approvals, and permits prior to commencing any use, which is authorized by this conditional use permit or law. Furthermore, the applicants, as well as successors, assigns, and agents shall maintain all necessary licenses, approvals, conditional approvals, and permits for the entire period of time during which the real 3  property, whether improved or otherwise is put to a use which is authorized by this conditional use permit. 17. A Certificate of Use and Occupancy shall be obtained prior to the occupancy of, or the operation of, any use of the Property. If applicable, the use approved by this conditional use permit shall not begin until a site plan is approved and fully implemented. If applicable, any landscaping component of the site plan shall be maintained in a healthy condition for the duration of the use authorized by this permit. 18. Violation of any of the above conditions or safeguards attached thereto shall be deemed a violation of the Zoning Ordinance, and, in addition, and notwithstanding any other provision of law, shall serve as grounds for revocation of the conditional use permit by City Council. 19. Notwithstanding any other provision of law, this conditional use permit is being approved due, in part, to the mitigating effects of each and every condition attached hereto; therefore, the conditions contained in this conditional use permit are not severable; in the event that any condition contained herein, or part thereof, is found by a court of competent jurisdiction to be invalid, unconstitutional, or otherwise unenforceable, then this conditional use permit shall be void and the use permitted by this conditional use permit shall cease. If this conditional use permit becomes void as a result of a condition or a part thereof, or conditions therein, being ruled invalid, unconstitutional or otherwise unenforceable, the property owner shall be afforded the right to reapply for a conditional use permit. 20. Notwithstanding any other provision of law, this conditional use permit is being approved due, in part, to the mitigating effects of each and every condition contained herein; as such, in the event an amendment to the zoning of the property described in Section (b) hereof is produced by a comprehensive implementation of a new or substantially revised Zoning Ordinance, the conditions imposed by the conditional use permit shall continue in effect. (d) That this conditional use permit shall be deemed to have been abandoned and shall be revoked: 1. If the construction of the improvements or occupancy authorized by this conditional use permit has not commenced within twenty-four (24) months of March 25, 2014, or, 2. In the event of the continuous nonuse of the property as herein permitted for a period of twelve (12) months. 4 E. Public Hearings 5. Ordinance Authorizing Conditional Use Permit No. CU-14-330, to Ponton Holdings LLC, to Operate an Automobile Gasoline Supply Station (7-Eleven) on Property Located at 998 J. Clyde Morris Boulevard and Zoned C1 Retail Commercial ACTION: A REQUEST TO ADOPT AN ORDINANCE AUTHORIZING CONDITIONAL USE PERMIT NO. CU- 14-330, TO PONTON HOLDINGS LLC, TO OPERATE AN AUTOMOBILE GASOLINE SUPPLY STATION, WITH A CONVENIENCE STORE (7-ELEVEN) AT 998 J. CLYDE MORRIS BOULEVARD AND ZONED C1 RETAIL COMMERCIAL. BACKGROUND: l The proposed use will redevelop the property located at the southeast corner of the intersection of J. Clyde Morris Boulevard and Harpersville Road. l It is located on a heavily traveled thoroughfare offering ease of access for northbound traffic. l The proposed improvements will include enhanced landscaping and signage. l The proposed use is consistent with the Framework for the Future 2030 Comprehensive Plan land use map designation of community commercial. l On March 5, 2014, the City Planning Commission voted unanimously 7:0 to recommend approval of the request with conditions. Vote on Roll Call For: Austin, Carpenter, Jones, Long, Mulvaney, Roberts, Willis Against: None Abstention: None l The City Manager recommends approval with conditions. FISCAL IMPACT: l N/A Supporting Material CM Memo re CU-14-330 Ponton Holdings Staff Report and CPC Minute Excerpts sdm12378 re CU-14-330 re Ponton Holdings, LLC, Owner and Harpersville, LLC, Applicant E. Public Hearings 6. Ordinance Authorizing Site Regulations, SR-14-17, City of Newport News to Amend Chapter 33.02, Article III., Section 33.02-51 to Clarify Landscaping and Green Area Requirements ACTION: A REQUEST TO ADOPT AN ORDINANCE AUTHORIZING SITE REGULATIONS NO. SR-14-17, CITY OF NEWPORT NEWS, AMENDING CHAPTER 33.02; ARTICLE III., SITE PLAN REGULATIONS AND STANDARDS; SECTION 33.02-51 TO CLARIFY LANDSCAPING AND GREEN AREA REQUIREMENTS. BACKGROUND: l The amendments clarify how green area and landscaping requirements are applied when improvements are made to property and include technical standards for tree care. l On March 5, 2014, the City Planning Commission voted unanimously 7:0 to recommend approval of this request. Vote on Roll Call For: Austin, Carpenter, Jones, Long, Mulvaney, Roberts, Willis Against: None Abstention: None l The City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material CM Memo re SR-14-17 City of NN Staff Report and CPC Minute Excerpts sdm12283 Sec. 33.02-51, Landscaping and green area required sdm12283 ORDINANCE NO. ____________________ AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 33.02, SITE REGULATIONS, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE III., SITE PLAN REGULATIONS AND STANDARDS, SECTION 33.02-51, LANDSCAPING AND GREEN AREA REQUIRED. BE IT ORDAINED by the Council of the City of Newport News, Virginia: That Chapter 33.02, Site Regulations, of the Code of the City of Newport News, Virginia, Article III., Site Plan Regulations and Standards, Section 33.02-51, Landscaping and green area required, be, and the same hereby is, amended and reordained as follows: CHAPTER 33.02 SITE REGULATIONS ARTICLE III. SITE PLAN REGULATIONS AND STANDARDS Sec. 33.02-51. Landscaping and green area required. (a) The area to be developed shall be clearly delineated on the site plan(s). Within such area and subject to the provisions of this section, a minimum percent of the site shall be designated as landscaping and green area as follows: (1) Ten (10) percent of the area to be developed shall be so designated for a site containing less than forty-five thousand (45,000) square feet. (2) Fifteen (15) percent of the area to be developed shall be so designated for a site containing forty-five thousand (45,000) square feet and no more than ninety thousand (90,000) square feet, subject to modifications that are authorized by this section. (3) Twenty (20) percent of the area to be developed shall be so designated for a site containing more than ninety thousand (90,000) square feet, subject to modifications that are authorized by this section. (4) If no additional impervious area is being created, the landscaping and green area requirements of this ordinance shall not be imposed.Landscaping and green area requirements of this section do not apply when improvements are made on existing impervious areas. Demolition of a majority (50.1% or more) of the primary structure on the site shall require the entirety of the site to come into compliance with the chapter.  (b) The following requirements shall be applicable to the landscaping and green area within the developed area: (1) Existing trees. All landscaping and green areas must be identified on the plan. Within those landscaping and green areas, healthy existing trees of a minimum six-inch (6") DBH (diameter at breast height), measured at least four and one-half (4.5) feet above grade, for single-stemmed, deciduous trees, and of a minimum eight (8) feet in height for multi- stemmed or evergreen trees, shall be retained, preserved and protected during construction in accordance with the following: a. Preserved trees shall be identified by size and variety, clearly marked in the field, and shown on the landscaping, erosion and sedimentation, demolition, and grading plans. b. In naturally vegetated areas of one thousand (1,000) square feet or more, groups of trees rather than single trees may be identified on the plan. Existing tree canopy limits shall be clearly shown on all plans. Within the tree canopy limits shown on the plan(s), an accounting shall be provided stating the minimum quantities, sizes and varieties of trees to remain in each group. c. Existing healthy, single-stemmed deciduous trees meeting a minimum of two-inch (2") caliper measured six (6) inches above the ground and no less than eight (8) feet in height, and multi-stemmed or evergreen trees meeting a minimum of eight (8) feet in height which are preserved and protected on-site, may be counted toward meeting the requirements identified below in subsection (2). d. When the loss creates a quantity deficit or void in spacing for the minimum requirements of this section, any preserved tree(s) on-site shall be replaced if such tree(s) should die, or at such time that fifty (50) percent of the tree crown is severely trimmed, damaged, diseased or dead. Replacement trees shall be provided with the same size as those replaced, at the time of replacement with a maximum installation size of three and one-half (3.5) inches for single-stemmed, deciduous trees and twelve (12) feet in height for evergreen or multi-stemmed species.If trees to be replaced are four (4) inch caliper or less for single stemmed species, or twelve (12) feet in height for evergreen or multi-stemmed species, they shall be replaced with trees the same size as those removed. If trees to be replaced are greater than four (4) inch caliper for single stemmed species, or twelve (12) feet in height for evergreen or multi-stemmed species, then replacement trees shall be a minimum of four (4) inch caliper for single stemmed species, or twelve (12) feet in height for evergreen or multi-stemmed species. e. Individual trees and groups of trees that are preserved shall be enclosed by a temporary fence or barrier to be located and maintained five (5) feet outside the 2  dripline of the tree(s) during construction. Such a fence or barrier shall be installed prior to clearing, construction or issuance of a land disturbing permit (Section 33.02-8, Site Regulations, and Chapter 35, Soil Removal and Other Land Disturbing Activities). The tree protection fencing shall be a minimum of forty (40) inches in height and sufficient to prevent intrusion into the protected area during construction In no case shall materials, vehicles or equipment be stored or stockpiled within the enclosure. f. The property owner, the owner’s agent or the developer, as applicable, shall be responsible for notifying all construction personnel of the presence and purpose of clearing limits and protective fences or barriers and for ensuring that the restrictions associated with the same are observed. g. Where grade changes in excess of six (6) inches from the existing natural grade level are necessary, permanent protective structures, such as tree wells or walls, shall be properly installed by the property owner, the owner’s agent or the developer, as applicable. h. The director may allow trees to be removed in the case of hardship in developing the site, when the tree becomes irreversibly diseased or damaged by natural causes, or when prohibited by FAA regulations. Such tree removal(s) shall be based on the following: 1. The number of trees to be removed are replaced with at least an equal number of trees meeting the size and species provisions of this section. Replacement trees shall be located in such a manner so as to more effectively landscape the entire site, taking into consideration the objectives of dispersal, screening, pedestrian and vehicular movement on-site, and the size and location of proposed buildings. 2. Existing trees that fall within proposed parking islands of four hundred (400) square feet or less shall not be required to be preserved and protected. However, replacement trees shall be required, meeting the provisions of section 33.02-52, and provided within all interior parking islands as well as in the landscaping and green areas at the ends of parking rows. 3. For sites located on property of the Newport News Williamsburg International Airport, the director may waive the preservation of existing trees that may affect aviation safety. (2) Trees and shrubs: a. A minimum of one (1) tree and two (2) shrubs for every four hundred (400) square feet of the required landscaping and green area shall exist or be provided. No more than sixty (60) percent of the required number of trees or shrubs shall be of the 3 same species. No less than twenty (20) percent or more than sixty (60) percent evergreen trees shall be planted on each site. No less than twenty (20)fifty (50) percent or more than sixty (60)eighty (80) percent evergreen shrubs shall be planted on each site. 1. Existing healthy trees that are either single-stemmed deciduous trees of a minimum of two-inch (2") caliper measured six (6) inches above ground, and no less than twelve (12) feet in height or multi-stemmed or evergreen trees of no less than eight (8) feet in height which are preserved within the developed area may be counted toward meeting the above requirements.may be counted toward meeting the above requirements if they are either: i. single-stemmed deciduous trees of a minimum of two-inch caliper measured six (6) inches above ground, and no less than twelve (12) feet in height; ii. or multi-stemmed or evergreen trees of no less than eight (8) feet in height. 2. Additional existing healthy trees over the minimum number of trees required meeting a minimum of six-inch (6") DBH (diameter at breast height) measured four and one-half (4.5) feet above grade and are properly protected and preserved can be used to reduce landscaping and green area to no less than ten (10) percent and twelve (12) percent as follows: i. Five (5) percent per tree on property containing forty-five thousand (45,000) square feet and less than ninety thousand (90,000) square feet. ii. Two and one-half (2.5) percent per tree on property containing ninety thousand (90,000) square feet and less than one hundred fifty thousand (150,000) square feet. iii. One and one-fourth (1.25) percent per tree on property containing one hundred fifty thousand (150,000) square feet and less than three hundred thousand (300,000) square feet.Credit under this chapter for existing trees shall be given as follows: i. One tree credit for existing trees up to six (6) inch DBH. ii. Two tree credits for existing trees between six (6) inch and less than ten (10) inch DBH. iii. Three tree credits for existing trees between ten (10) inch and less than fifteen (15) inch DBH. 4  iv. Four tree credits for existing trees fifteen (15) inch DBH or greater. 3. Shrubs at the time of planting shall be from nursery stock grown in a minimum three (3) gallon size container, with a minimum spread and/or height of eighteen (18) inches. Shrubs serving as a visual barrier for parking shall be a variety capable of reaching a minimum height of thirty-six (36) inches. b. All landscaping and green areas must be identified on the plan, and where an insufficient number of plant materials exist in the required landscaping and green area, the property owner, the owner’s agent or the developer, as applicable, shall supplement the existing landscaping. Newly provided trees shall be either single-stemmed deciduous trees of a minimum two-inch (2") caliper measured six (6) inches above ground and no less than eight (8) feet in height or multi-stemmed or evergreen trees of no less than eight (8) feet in height, or a combination thereof. A minimum of one (1) tree and two (2) shrubs (eighteen-inch [18"] minimum height/spread) for each four hundred (400) square feet of required landscaping and green area shall exist or be provided. All plant materials, new or existing, meeting the requirements of this section shall be maintained in perpetuity in a healthy condition or replaced. Trees may not be severely trimmed beyond the standards of ANSI A300 Standards for Tree Care Operations as amended. Appropriate plant replacements shall be provided in the event that fifty (50) percent or more of the plant vegetation is severely trimmed, damaged, diseased or dead. c. For plant materials newly provided on the approved plan(s), the replacement trees and shrubs shall account for plant growth since initial installation and be provided as follows: 1. For single-stemmed deciduous trees, the minimum replacement tree size shall be two-inch (2") caliper for the first growing year with an increment of one-half (0.5) inch in caliper for each subsequent year of growth since installation. The maximum installation size for single-stemmed deciduous species shall be three and one-half (3.5) inches in caliper. 2. For multi-stemmed or evergreen trees, the minimum replacement size shall be eight (8) feet in height for the first growing year with an increment of one (1) foot in height for each subsequent year of growth since installation. The maximum installation size for multi-stemmed or evergreen replacement trees shall be twelve (12) feet in height. 3. For shrubs, the minimum replacement size shall be eighteen (18) inches in spread and/or height for the first growing year with an increment of three (3) inches in height and/or spread for each subsequent year of growth since installation. For large growing shrub varieties located in transitional buffer 5  areas, shrubs shall have a minimum replacement size of forty-eight (48) inches in height for the first growing year with an increment of six (6) inches in height for each subsequent year of growth since installation. The maximum installation size for shrubs shall be thirty-six (36) inches in height and/or spread for low to medium growing shrub varieties and sixty (60) inches in height for large growing shrub varieties. d. Single-street frontage properties shall have at least fifty (50) percent of the total number of required trees and shrubs placed forward of the front building line. Multiple-street frontage properties shall have at least thirty-seven and one-half (37.5) percent of the total number of required trees and shrubs forward of the front building line and at least twelve and one-half (12.5) percent of the total number of required trees and shrubs between the side of the largest building and the minor street right-of-way or where there is no right-of-way, the side property line. e. The species of the trees, shrubs and ground covers which may be planted shall be left to the discretion of the property owner, the owner’s agent or the developer, as applicable, with the exception that use of the following species of trees shall be prohibited: American Elm (Ulmus americana) Black Locust (Robinia pseudoacacia) Boxelder (Acer negundo) Bradford Pear (pyrus calleryana 'Bradford') Chinaberry (Melia azedarach) Common Honeylocust (Gleditsia triacanthos) European White Birch (Betula pendula) Lombardy Poplar (Populas italica) Mimosa (Albizzia julibrissin) Purple Leafed Plum (Prunus cessiforia) Quaking Aspen (Populus tremuloides) Siberian Elm (Ulmus pumila) Silver Maple (Acer saccharinum) Tree of Heaven (Ailanthus glandulosa) Virginia (Scrub) Pine (Pinus virginiana) Weeping Willow (Salix babylonica) f. The director may waive the requirements when prohibited by FAA regulations for trees and shrubs when their planting may affect the aviation safety for sites located on property of the Newport News/Williamsburg International Airport. Any newly proposed plant materials within aviation affected areas shall mature at a height no greater than twenty (20) feet. (3) An annual listing of approvedrecommended trees will be prepared and issued by the department of planning. 6 (4) If requested in writing and the activity will not result in impervious surfaces being installed, the director may permit recreational uses within this area that are consistent with the type of development indicated on the plan. (5) There shall be no storage of any kind in this area. (6) Single-street frontage, undeveloped properties shall have sixty (60) percent of the required landscaping and green area either between the front of the proposed building and the right-of-way or where there is no right-of-way, the front property line. (7) Multiple-street frontage, undeveloped properties shall have forty-five (45) percent of the required landscaping and green area either between the front of the proposed building and the right-of-way or where there is no right-of-way, the front property line. Fifteen (15) percent of the required landscaping and green area shall be located either between the side of the proposed building and the minor street right-of-way or where there is no right-of-way, the side property line. (8) Single-street frontage, developed properties shall have sixty (60) percent of the required landscaping and green area either between the rear of the largest building and the right-of-way or where there is no right-of-way, the front property line. (9) Multiple-street frontage, developed properties shall have forty-five (45) percent of the required landscaping and green area either between the rear of the largest building and the right-of-way or where there is no right-of-way, the front property line. Fifteen (15) percent of the required landscaping and green area shall be located either between the side of the largest building and the minor street right-of-way or where there is no right-of-way, the side property line. (10) A landscape strip shall be located along street frontage. Landscaping in this strip shall include at least one (1) tree, either existing or installed, in every thirty (30) feet of street frontage, exclusive of driveway entrances. The remainder of the required landscaped strip shall consist of shrubs, grass, ground cover or other landscape treatment approved by the director in conjunction with the review of a site plan. The director may reduce the width of the landscaped strip by up to fifty (50) percent along minor streets when the total site is less than twenty thousand (20,000) square feet. a. For public streets, the landscaped strip shall be placed along the right-of-way and located between the adjacent right-of-way line and either the front building setback line or parking lot, whichever is closer to the adjacent right-of-way. The width of this strip shall be a minimum of ten (10) feet or ten (10) percent of the existing right-of-way width or the proposed right-of-way width, whichever is greater, included in the appropriate transportation plan. Landscape strips and utility 7  easements shall be permitted to collocate for up to fifty (50) percent of the landscape strip width. On existing sites, if this landscaped strip is landscaping and green area, it cannot be disturbed. Whenever there is a street right-of-way dedicated for a site, except on the major street, the director may reduce the landscaped strip width up to fifty (50) percent. b. For private streets, the landscaped strip shall be located in an area bounded by a line no closer than ten (10) feet to the edge of pavement of the private street and either the building setback line or the parking lot, whichever is closer to the private street. (11) When parking lots in excess of fifteen (15) spaces are adjacent to public or private streets, a continuous visual barrier of shrubs is required. (12) Parking lots and refuse collection points adjacent to single-family residential areas shall be screened by privacy fencing and/or dense vegetation sufficient to form a visual barrier a minimum of six (6) feet in height, except where transitional buffer areas are required by the zoning ordinance. Such screening shall be compatible with the surrounding neighborhood and shall permit adequate air circulation and lighting on both sides. If a privacy fence is installed, it shall be located in a landscaped strip a minimum of three (3) feet wide extending the length of the fence. A minimum of one (1) shrub shall be planted every ten (10) feet along the fence. The shrubs shall be located on the residential side of the fence.Parking lots adjacent to any residential use shall be screened in accordance with section 45-3002 of the Zoning Ordinance. (13) Refuse collection points shall be screened from view of all adjacent properties and rights of way by privacy fencing and/or dense vegetation sufficient to form a visual barrier a minimum of six (6) feet in height, except where transitional buffer areas are required by the zoning ordinance. Such screening shall be compatible with the surrounding properties and shall permit adequate air circulation and lighting on both sides. (c) For areas of naturally vegetated land which are greater than one [1] acre in area that will remain undeveloped, a note on the plan(s) stating “This area will remain undisturbed and all natural vegetation shall be preserved and protected in accordance with Section 33.02-51 of the Site Regulations.” shall be acceptable. (d) The following modifications shall apply to landscaping and green area requirements: (1) The landscaping and green area requirements of this ordinance shall not be required in the Regional Business District (C3), the Heavy Industrial District (M2) bounded by the James River and Hampton Roads from 70th Street to the east side of Jefferson Avenue, the Oyster Point Urban Core, Lower Jefferson Avenue Corridor Overlay District or the Hilton Village Historic District, except as otherwise 8  provided for in the Zoning Ordinance. (2) If a Class 2 site plan is involved, the director may, upon written request, reduce the percentage of landscaping and green area required, but not to less than ten (10) percent, with respect to a specific site under the following conditions: a. The plan relates to modifying an existing building whose physical characteristics preclude full compliance; or, b. Pre-existing physical characteristics of the site preclude full compliance (e.g., building takes up most of the property or limited setback distance is available). (3) The minimum percentage of the site area that shall be designated as landscaping and green area in subsections (a)(2) and (a)(3) above may be reduced by the director to no less than ten (10) percent for sites requiring a minimum of fifteen (15) percent green area and no less than twelve (12) percent for sites requiring a minimum of twenty (20) percent green area., respectively, subject to the followingEach of the following may account for up to one third of the allowable reduction: a. Every additional tree planted over the minimum required may reduce the required landscaping and green area by three hundred (300) square feet or up to thirty-five (35) percent. b. Every additional shrub planted over the minimum required may reduce the required landscaping and green area by one hundred thirty-five (135) square feet or up to thirty-five (35) percent. Shrubs used in this manner shall be used to screen the frontage of parking areas. c. Where parking is screened by an earthen berm or other visual barrier planted with approved ground cover and shrubs, and the top of berm is at least two and one-half (2.5) feet above ground and within a minimum slope of 2.5:1, each linear foot of such berm may be used to reduce the required landscaping and green area by fifty (50) square feet or up to forty-five (45) percent. Berms proffered can qualify for landscaping and green area reduction under this section. d.(4) If a master landscape plan is approved by the director, all individual sites participating in such plan shall be able to reduce the minimum required landscaping and green area percentage to ten (10) percent where the minimum following criteria are included: 1a. A landscape strip shall be established along all streets a minimum width of 9  ten (10) feet from the property line or edge of a private street right-of-way. 2b. Trees shall be planted at a minimum of thirty (30) feet on center in this strip exclusive of driveway entrances. 3c. Shrubs shall be used to form a continuous hedge on at least fifty (50) percent of the right-of-way. 4d. Berms with ground cover can be used in lieu of shrubs as a continuous visual barrier. 5e. No more than five (5) trees shall be planted along the same line; staggering and other methods of creating variations are encouraged. To encourage the same effect, no hedge or berm shall continue more than sixty (60) feet along the same line. (45) Trees or other landscaping shall not be placed or planted so as to interfere with the proper operation or maintenance of any utility line or apparatus or obstruct vehicular sight distances as defined in the Design Criteria Manual. 10 F. Consent Agenda 1. Minutes of the Special Meeting of March 11, 2014 ACTION: l N/A BACKGROUND: l N/A FISCAL l N/A IMPACT: Supporting Material Minutes of the Special Meeting of March 11, 2014 F. Consent Agenda 2. Minutes of the Work Session of March 11, 2014 ACTION: l N/A BACKGROUND: l N/A FISCAL l N/A IMPACT: Supporting Material Minutes of the Work Session of March 11, 2014 F. Consent Agenda 3. Minutes of the Regular Meeting of March 11, 2014 ACTION: l N/A BACKGROUND: l N/A FISCAL l N/A IMPACT: Supporting Material Minutes of the Regular Meeting of March 11, 2014 G. Other City Council Actions 1. Ordinance Amending City Code, Chapter 20, Health and Sanitation Generally; Article II., Mosquito Control; Section 20-25, Prescribed Methods of Treatment of Collections of Water in Which Mosquitoes Breed or Are Likely to Breed ACTION: A REQUEST TO ADOPT AN ORDINANCE AMENDING CITY CODE, CHAPTER 20, HEALTH AND SANITATION GENERALLY; ARTICLE II., MOSQUITO CONTROL; SECTION 20-25, PRESCRIBED METHODS OF TREATMENT OF COLLECTIONS OF WATER IN WHICH MOSQUITOES BREED OR ARE LIKELY TO BREED; TO REMOVE THE USE OF PROHIBITED MATERIALS. BACKGROUND: l Section 20-25 of the City Code prescribes approved methods of treating the prevention of mosquito breeding. l This proposed ordinance amendment removes the use of prohibited materials; namely, kerosene, petroleum or paraffin oils in the prevention of mosquito breeding. l The City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material CM Memo re Mosquito Breeding Prevention sdm12386 Sec. 20-25 sdm12386 ORDINANCE NO. _______________ AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 20, HEALTH AND SANITATION GENERALLY, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE II., MOSQUITO CONTROL, SECTION 20-25, PRESCRIBED METHODS OF TREATMENT OF COLLECTIONS OF WATER IN WHICH MOSQUITOES BREED OR ARE LIKELY TO BREED. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News, Virginia: That Chapter 20, Health and Sanitation Generally, of the Code of the City of Newport News, Virginia, Article II., Mosquito Control, Section Prescribed methods of treatment of collections of water in which mosquitoes breed or are likely to breed, be, and the same hereby is, amended and reordained as follows: CHAPTER 20 HEALTH AND SANITATION GENERALLY Sec. 20-25. Prescribed methods of treatment of collections of water in which mosquitoes breed or are likely to breed. To effectually prevent the breeding of mosquitoes, collections of water in which mosquitoes breed or are likely to breed shall be treated by one (1) or more of the following methods approved by the director of public works or such director's authorized representative: (1) Screening with wire netting of at least sixteen (16) meshes to the inch each way, or any other material which will effectually prevent the ingress or egress of mosquitoes. (2) Complete emptying every seven (7) days of unscreened containers, together with their thorough drying or cleaning. (3) Using a larvicide approved and applied under the direction of the director of public works or the director's authorized representative. (4) Covering completely the surface of the water with kerosene, petroleum or paraffin oil once every seven (7) days. (54) Cleaning and keeping sufficiently free from vegetable growth and other obstructions and stocking with mosquito-destroying fish. (65) Filling or draining to the satisfaction of the director of public works or the director's authorized representative. (76) Proper disposal, by removal or destruction, of tin cans, tin boxes, broken or empty bottles and similar articles likely to hold water. 2 G. Other City Council Actions 2. Ordinance Amending City Code, Chapter 2, Administration; by Adding New Article VII., Office of Risk Management ACTION: A REQUEST TO ADOPT AN ORDINANCE AMENDING CITY CODE, CHAPTER 2, ADMINISTRATION; BY ADDING NEW ARTICLE VII., OFFICE OF RISK MANAGEMENT BACKGROUND: l As City Council is aware, the City Manager incorporated the duties of the Office of Self-Insurance (OSI) into the Department of Finance. l With that transition, it was determined that the title of the Office of Risk Management more clearly defined the duties and functions of the office. l Accordingly, the position responsible for its administration would be titled Risk Manager. l The following three (3) proposed ordinance amendments substitutes the terms Office of Risk Management and Risk Manager for the previous Self-Insurance designations. l The City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material CM Memo re OSI Change to Risk Mngmnt-Mgr sdm12379 Adding Article VII, Office of Risk Management to Chapter 2 sdm12379 ORDINANCE NO. _______________ AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ADMINISTRATION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, BY ADDING THERETO A NEW ARTICLE, NAMELY: ARTICLE VII., OFFICE OF RISK MANAGEMENT. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News, Virginia: That Chapter 2, Administration, of the Code of the City of Newport News, Virginia, be, and the same hereby is, amended and reordained by adding thereto a new article, namely: Article VII., Office of Risk Management, as follows: CHAPTER 2 ADMINISTRATION ARTICLE VII. OFFICE OF RISK MANAGEMENT Sec. 2-220. Established; composition. There is hereby established an office of risk management, which shall consist of the risk manager and such other officers and employees, organized into branches, sections or other units, as may be provided by orders or directives of the city manager. Sec. 2-221. Responsibilities. The office of risk management shall be responsible for the establishment, administration, direction and supervision of comprehensive programs which will result in the preservation of the city’s assets and public service capabilities. It will further manage the city’s general liability, automobile, workers’ compensation and all other self-insurance programs, and be responsible for the determination, placement and management of other required insurance coverages. Sec. 2-222. General powers of risk manager. The risk manager shall be appointed by the city manager. Such risk manager shall be the head of the office of risk management and shall have general management and control of the several branches, sections or other units of the office. Whenever the term “self-insurance administrator” is used in any ordinance, resolution, policy, or other document, such shall mean the risk manager. Secs. 2-223–2-326. Reserved. 2 G. Other City Council Actions 3. Ordinance Amending City Code, Chapter 2, Administration; Article XXIII., Department of Human Resources; Section 2-601; to Change the Name of the Office of Self-Insurance to the Office of Risk Management ACTION: A REQUEST TO ADOPT AN ORDINANCE AMENDING CITY CODE, CHAPTER 2, ADMINISTRATION; ARTICLE XXIII., DEPARTMENT OF HUMAN RESOURCES; SECTION 2-601, CRIMINAL HISTORY INVESTIGATION OF APPLICANTS FOR EMPLOYMENT; THEREBY CHANGING THE NAME OF THE OFFICE OF SELF-INSURANCE TO THE OFFICE OF RISK MANAGEMENT. BACKGROUND: l This is the second of three proposed ordinance amendments affecting the Office of Self-Insurance, changing the name to the Office of Risk Management. l The City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material sdm12380 Amending Sec. 2-601 sdm12380 ORDINANCE NO. __________ AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ADMINISTRATION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE XXIII., DEPARTMENT OF HUMAN RESOURCES, SECTION 2-601, CRIMINAL HISTORY INVESTIGATION OF APPLICANTS FOR EMPLOYMENT. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News, Virginia: That Chapter 2, Administration, of the Code of the City of Newport News, Virginia, Article XXIII., Department of Human Resources, Section 2-601, Criminal history investigation of applicants for employment, be, and the same hereby is, amended and reordained as follows: CHAPTER 2 ADMINISTRATION ARTICLE XXIII. DEPARTMENT OF HUMAN RESOURCES Sec. 2-601. Criminal history and other background checks of applicants, employees, and volunteers. (a) It is the intent of the City Council in enacting this section to comply with the provisions of the Code of Virginia, Sections 15.2-1503.1, 15.2-1505.1 and 19.2-389, as amended, to enable the city manager and the director of human resources, in the interest of public welfare and safety, to require fingerprinting and to access the state and national criminal history record information regarding applicants for certain positions and volunteers, as set forth below. The director of human resources shall determine the type and scope of the criminal history record checks and any other background checks required for the affected positions. (b) The human resources department shall require a criminal history record information investigation on all applicants for police and fire department positions. Applicants shall include those for initial hire, and those current employees who laterally transfer, promote, or demote to such a position, and volunteers. (c) In addition to (b) above, the human resources department shall require a criminal history record information investigation for finalists identified in the personnel selection and placement process for all applicants, including volunteers, in the following departments, and for individual positions or activities identified by the city manager which affect public welfare or safety. Applicants shall include finalists for initial hire, and those current employees who laterally transfer, promote, or demote to such a position, and volunteers: (1) Department of public utilities. (2) Department of purchasing. (3) Department of finance. (4) Department of information technology. (5) Department of human resources. (6) Department of internal audit. (7) Office of self-insurancerisk management. (8) Department of adult corrections. (9) Department of juvenile services. (10) Department of planning. (11) Department of development. (12) Department of real estate assessment. (13) Department of human services. (14) Department of law. (15) For individual positions or activities identified by the city manager which affect public welfare or safety. (d) Current employees and volunteers. The director of human resources may require a periodic criminal history record information investigation and other background checks, and determine their type and scope, for current employees and volunteers when authorized by federal or state law. (e) Any applicant, employee, or volunteer described in this section shall, if required, submit to fingerprinting and provide personal descriptive information and any other necessary paperwork to be forwarded along with the fingerprints through the Virginia State Police Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining 2 state and national criminal history record information regarding such applicant, employee, or volunteer. 3 G. Other City Council Actions 4. Ordinance Amending City Code, Chapter 2, Administration; Article XXXVI., Administration of Self-Insurance Funds; Section 2-745, Notice to Self-Insurance Administrator; and Section 2-749, Payment of Money in Settlement; Changing the Title of Self-Insurance Administrator to Risk Manager ACTION: A REQUEST TO ADOPT AN ORDINANCE AMENDING CITY CODE, CHAPTER 2, ADMINISTRATION; ARTICLE XXXVI., ADMINISTRATION OF SELF-INSURANCE FUNDS; SECTION 2-745, NOTICE TO SELF-INSURANCE ADMINISTRATOR; AND SECTION 2-749, PAYMENT OF MONEY IN SETTLEMENT; CHANGING THE TITLE OF SELF-INSURANCE ADMINISTRATOR TO RISK MANAGER. BACKGROUND: l This is the third of three proposed ordinance amendments affecting the Office of Self-Insurance. l This admendment changes the title of the Self- Insurance Administrator to Risk Manager. l The City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material sdm12381 Amending Sec. 2-745 and 2-749 sdm12381 ORDINANCE NO. _______________ AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ADMINISTRATION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE XXXVI., ADMINISTRATION OF SELF-INSURANCE FUNDS, SECTION 2-745, NOTICE TO SELF- INSURANCE ADMINISTRATOR AND SECTION 2-749, PAYMENT OF MONEY IN SETTLEMENT.. BE IT ORDAINED by the Council of the City of Newport News, Virginia: That Chapter 2, Administration, of the Code of the City of Newport News, Virginia, Article XXXVI., Administration of Self-Insurance Funds, Section 2-745, Notice to self-insurance administrator, and Section 2-749, Payment of money in settlement, be, and the same hereby is, amended and reordained as follows: CHAPTER 2 ADMINISTRATION ARTICLE XXXVI. ADMINISTRATION OF SELF-INSURANCE FUNDS DIVISION 3. RULES APPLICABLE TO BOTH FUNDS Sec. 2-745. Notice to self-insurance administratorrisk manager. An officer, employee or volunteer against whom an automobile liability claim or a general liability claim is asserted shall forthwith notify the self-insurance administratorrisk manager or the office of the city attorney in writing. (1) The notice so given shall not be deemed to make such officer, employee or volunteer an agent of the claimant for purposes of Section 10.04 of the Charter of the city or Section 15.2-209 of the Code of Virginia, nor shall it be deemed to constitute a waiver by the City of Newport News of such charter or statutory rights to notice. (2) The notice so given shall contain sufficient particulars to identify the officer, employee or volunteer and to determine the time, place and circumstances of the occurrence, including the names and addresses of persons injured and witnesses. (3) An officer, employee or volunteer of the city who is served with legal process shall  forthwith deliver it to the office of the city attorney. Sec. 2-749. Payment of money in settlement. The power of city council to authorize payment of money in settlement of legal disputes is hereby delegated as follows: (1) The self-insurance administratorrisk manager shall have discretion to authorize payments of thirty thousand dollars ($30,000.00) or less in settlement of liability claims in cases in which there is no genuine dispute of liability. (2) The city attorney shall have discretion to authorize payments of one hundred thousand dollars($100,000.00) or less in settlement of liability claims of any kind. (3) The risk management committee shall have discretion to authorize the city attorney to authorize payments of two hundred fifty thousand dollars ($250,000.00) or less in settlement of liability claims of any kind. (4) The city retains the right to make such investigation and settlement of claims and suits as it deems expedient, even in cases where private counsel has been retained. (5) All monetary payments authorized as herein provided from the self-insurance funds will be made by the self-insurance administratorrisk manager. 2 G. Other City Council Actions 5. Resolution Opposing in Congress House Resolution 612 (HR 612): The Safe and Efficient Transportation Act ACTION: A REQUEST TO APPROVE A RESOLUTION OF THE CITY COUNCIL OF NEWPORT NEWS, VIRGINIA, OPPOSING IN CONGRESS HOUSE RESOLUTION 612 (HR 612): THE SAFE AND EFFICIENT TRANSPORTATION ACT, WHICH WILL INCREASE TRUCK WEIGHTS ON INTERSTATE HIGHWAYS. BACKGROUND: l The U.S. Congress is being asked to consider HR 612, which will give states the ability to increase truck weights on interstate highways from 80,000 lbs to 97,000 lbs. l Over the past few years, the City has taken a position to oppose this legislation. l Heavier and longer trucks pose a serious risk to public safety and dramatically increase infrastructure damage. l In addition, increasing truck weight is likely to lead to increased brake maintenance problems, longer stopping distances, and vehicle instability, all of which increase crash rates. l The long-term negative impact to the City's infrastructure and National Highway System provides significant reasons to oppose HR 612. l The City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material CM Memo re HR612 Transportation Act sdm12418 Reso Opposing Congress HR 612  CITY OF NEWPORT NEWS OFFICE OF THE CITY MANAGER March 19, 2014 TO: The Honorable City Council FROM: City Manager SUBJECT: Resolution Opposing House Resolution (HR 612): The Safe and Efficient Transportation Act In 2012, the U.S. Congress passed the “Moving Ahead for Progress in the 21st Century Act” (MAP-21), which included an authorization for a U.S. Department of Transportation (USDOT) study to examine the safety and infrastructure issues surrounding bigger and heavier trucks on our roads. The study is slated to be completed in the Fall of 2014. Presently, Congress is being asked to consider HR 612, which will give states the ability to increase truck weights on interstate highways from 80,000 pounds to 97,000 pounds. Over the past few years, the City has taken a position to oppose the legislation supporting the increase of size and weight of trucks that travel the City of Newport News’ infrastructure. As outlined in the resolution included in Council’s agenda package, there are several articulated reasons to continue to oppose this legislation. Increasing the weight limit from 80,000 to 97,000 pounds for these trucks has adverse impacts, such as deterioration of the roadways and infrastructure. Additionally, there are public safety risks, increased brake maintenance problems, longer stopping distances and tractor trailer instability that are presented when these trucks go from single trailers to double trailers. The long-term negative impact to the City’s infrastructure, in addition to the detrimental effects on the National Highway System, and the serious risks to public safety provides significant reasons to oppose HR 612. I recommend approval of the resolution opposing HR 612. James M. Bourey JMB:WTS:als cc: Richard Myers, Chief, Newport News Police Department (NNPD) Alan Archer, Assistant City Manager G:\JIM BOUREY\Correspondence\2014\March\Memo to HCC re Reso Opposing in Congress HR612 Big- Heavy Trucks 3 19 14.docx sdm12418 RESOLUTION NO. _______________ A RESOLUTION OPPOSING IN CONGRESS HR 612: THE SAFE AND EFFICIENT TRANSPORTATION ACT. WHEREAS, Congress, through the passage of MAP-21, authorized a USDOT study to examine the safety and infrastructure issues surrounding bigger trucks on our roads; and WHEREAS, the study is to be complete in the Fall of 2014; and WHEREAS, Congress is now being asked to considering House Resolution 612, the Safe and Efficient Transportation Act, which will give states the ability to increase truck weights on interstate highways from 80,000 lbs to 97,000 pounds; and WHEREAS, heavier and longer trucks pose a serious risk to public safety and dramatically increase damage to our infrastructure; and WHEREAS, raising truck weight to 97,000 pounds could result in 8 million more truckloads on U.S. roads; and WHEREAS, increasing truck weight is likely to lead to increased brake maintenance problems and longer stopping distances; and WHEREAS, longer combination vehicles are significantly more likely to experience stability issues than single tractor trailers; and WHEREAS, the USDOT found that multi-trailer trucks can be expected to experience an 11% higher overall fatal crash rate than single-trailer trucks; and WHEREAS, more than half the bridges in the National Highway System are more than 40-years-old and nearly 20 percent are already either structurally deficient or functionally obsolete; and WHEREAS, the most recent federal study to look at the issue showed that the typical 80,000-pound single-trailer truck on the road today only pays for 80% of the damage it does to infrastructure and allowing 97,000-pound single-trailer trucks would result in trucks paying for only 50% of the damage they do. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News, in the Commonwealth of Virginia, that it urges the members of Congress to oppose HR 612.  BE IT FURTHER RESOLVED that a copy of this resolution shall be sent to our Congressional Representatives. H. Appropriations ACTION: A REQUEST FOR A MOTION OF CITY COUNCIL TO APPROVE AS A BLOCK THE FOLLOWING APPROPRIATIONS. 1. Newport News Fire Department (NNFD) – FY 2013 State Homeland Security Program: Hazardous Materials (HazMat) Team Equipment Grant – $55,115 2. Newport News Fire Department (NNFD) – Virginia Department of Health (VDH) Special Initiative Grant – $95,550 3. Department of Public Works - FY 2014 Additional State Revenue for Street and Highway Maintenance – $482,483 4. Department of Engineering – FY 2014 Bond Authorization, Parks and Recreation Category – Newport News Park Campsite Office – $1,100,000 H. Appropriations 1. Newport News Fire Department (NNFD) - FY 2013 State Homeland Security Program (SHSP): Hazardous Materials (HazMat) Team Equipment Grant - $55,115 ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING $55,115 FROM THE FY 2013 STATE HOMELAND SECURITY PROGRAM (SHSP) TO THE NEWPORT NEWS FIRE DEPARTMENT (NNFD) FOR HAZARDOUS MATERIALS (HazMat) TEAM TRAINING AND EQUIPMENT. BACKGROUND: l The City has received a grant award of $55,115 from the FY 2013 State Homeland Security Program. l The funding is restricted in use to support the City's HazMat Response Team through the NNFD. l VDEM is providing this funding in recognition of NNFD's status as a regional HazMat Response Team for the Commonwealth. FISCAL IMPACT: l This Federal grant does not require any local funding. l The City Manager recommends approval. Supporting Material CM Memo re HazMat Team Equip Grant sdm12388 Appropriation re HAZMAT Team Equipment Grant sdm12388 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE-F-DHS-HAZMAT EQUIP-14 TO MACHINERY & EQUIPMENT. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News: That it hereby appropriates funds from Federal Revenue-F-DHS-HAZMAT EQUIP-14 to Machinery & Equipment, as follows: Appropriation From: Federal Revenue - F-DHS-HAZMAT EQUIP-14 2610-000-25-2599-483000-000000-0000- 25O14-25O14 $ 55,115.00 Appropriation To: Machinery & Equipment 2610-000-25-2599-570010-000000-0000- 25O14-25O14 $ 55,115.00 H. Appropriations 2. Newport News Fire Department (NNFD) - Virginia Department of Health (VDH) Special Initiative Grant - $95,550 ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING $95,550 FROM FY 2014 VIRGINIA DEPARTMENT OF HEALTH (VDH): VIRGINIA PRE HOSPITAL INFORMATION BRIDGE (VPHIB) SPECIAL INITIATIVE GRANT PROGRAM TO THE NEWPORT NEWS FIRE DEPARTMENT (NNFD). BACKGROUND: l The City has been awarded funds in the amount of $95,550 from the VDH. l The funding is restricted in use to support the purchase of twenty six (26) Panasonic Toughbook mobile computers, which will replace the department's current outdated mobile computers. l The new computers will allow real time reporting and faster processing for personnel utilizing them. FISCAL IMPACT: l This State grant requires no local funding. l The City Manager recommends approval. Supporting Material CM Memo re NNFD Special Initiative Grant sdm12387 Appropriation re FY14 Special Initiative Grant sdm12387 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM STATE REVENUE-S-VPHIB-VDH- OEMS-14 TO MACHINERY & EQUIPMENT. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News: That it hereby appropriates funds from State Revenue-S-VPHIB-VDH-OEMS-14 to Machinery & Equipment, as follows: Appropriation From: State Revenue-S-VPHIB-VDH-OEMS-14 2610-000-25-2599-482000-000000-0000- 25F14-25F14 $ 95,550.00 Appropriation To: Machinery & Equipment 2610-000-25-2599-570010-000000-0000- 25F14-25F14 $ 95,550.00 H. Appropriations 3. Department of Public Works - FY 2014 Additional State Revenue for Street and Highway Maintenance - $482,483 ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING AN ADDITIONAL $482,483 OF FY 2014 STREET AND HIGHWAY MAINTENANCE STATE REVENUE TO THE DEPARTMENT OF PUBLIC WORKS FOR RESIDENTIAL STREET RECONSTRUCTION/ RESURFACING CONTRACTS. BACKGROUND: l The City has been notified that FY 2014 State revenue for Street and Highway maintenance will be higher than estimated. l The additional funds will be appropriated to Public Works' General Fund operating budget, which is the Department that will oversee the contracts. l Subsequently, the funds will be moved to the Street/Highway Maintenance Fund which is required by State accounting practices to be in a separate fund. FISCAL IMPACT: l No other local funds are required for this resolution. l The City Manager recommends approval. Supporting Material CM Memo re Additional Street-Hwy Maintenance Funds sdm12416 Appropriation re FY14 Additional State Revenue for Street and Highway Maintenance sdm12416 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 $ 482,483.00 Street/Highway Maintenance Fund 2510-000-30-427501 $ 482,483.00 Appropriate Expenditures To: Contractual Paving/Public Works Department 1000-250-31-3125-530200 $ 482,483.00 Street/Highway Maintenance Fund Qualified Asphalt/Resurfacing 2510-000-30-0000-558611 $ 482,483.00 H. Appropriations 4. Department of Engineering – FY 2014 Bond Authorization, Parks and Recreation Category – Newport News Park Campsite Office – $1,100,000 ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING $1,100,000 FROM THE FY 2014 BOND AUTHORIZATION, PARKS AND RECREATION CATEGORY FOR THE CONSTRUCTION OF THE NEWPORT NEWS PARK - CAMPSITE OFFICE. BACKGROUND: l The existing 1,700 square foot facility, located at the entrance of the Newport News Campground was built 48-years ago. l The inadequate size and deterioration of the facility is impacting its daily operations. l The proposed project consists of replacing the existing facility with a 3,950 square foot facility. l The City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material CM Memo re NN Park Campsite Office Replacement Attachment Location Map Newport News Park Campsite Office sdm12403 Appropriation re Newport News Park - Campsite Office sdm12403 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM BONDS AUTHORIZED AND UNISSUED TO NEWPORT NEWS PARK - CAMPSITE OFFICE. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News: That it hereby appropriates funds from Bonds Authorized and Unissued to Newport News Park - Campsite Office, as follows: Appropriation From: Bonds Authorized and Unissued 4104-350-70-700F-579000-000000-2014- 00000-F0000 $ 1,100,000.00 Appropriation To: Newport News Park - Campsite Office 4104-350-70-700F-579420-000000-2014- 00000-F2408 $ 1,100,000.00 *I. Citizen Comments on Matters Germane to the Business of City Council J. New Business and Councilmember Comments City Manager City Attorney City Clerk Vick Whitaker Woodbury Bateman Coleman Price Scott 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.”