City Council

SHOWN LIVE ON NEWPORT NEWS TELEVISION COX CHANNEL 48 VERIZON CHANNEL 19 www.nnva.gov AGENDA NEWPORT NEWS CITY COUNCIL REGULAR CITY COUNCIL MEETING FEBRUARY 23, 2016 City Council Chambers 7:00 p.m. A. Call to Order B. Invocation • Rev. Dr. James G. Cobb, Trinity Lutheran Church C. Pledge of Allegiance to the Flag of the United States of America D. Presentations - None E. Public Hearings 1. Ordinance Authorizing the City Manager to Execute a Lease Agreement By and Between the City and Pacific-Gulf Marine, Inc., Not to Exceed Five (5) Years, for the 23rd Street Pier and Adjacent City-Owned Property 2. Ordinance Authorizing Zoning Text Amendments ZT-16-376, ZT-16-377, and ZT-16- 378, City of Newport News, Amending City Code, Chapter 45, Zoning Ordinance; Article II., Definitions, Section 45-201, to Define a New Use, Police K9 Training Facility; Article IV., Section 45-402, to Add it to the Summary of Uses by District Matrix; and Article V., General Regulations, to Add New Section 45-535, Police K9 Training Facility F. Consent Agenda 1. Minutes of the Work Session of February 9, 2016 2. Minutes of the Special Meeting of February 9, 2016 3. Minutes of the Regular Meeting of February 9, 2016 4. Resolution Authorizing the City Manager to Execute a Mutual Aid Agreement (MAA) between the Secretary of the Air Force through Joint Base Langley-Eustis  (Langley Air Force Base) and the City of Newport News, for Fire Rescue Services and Emergency Medical Services G. Other City Council Actions H. Appropriations 1. Newport News Television (NNTV) - Public, Educational, and Governmental (PEG) Fee Funds: Purchase and Upgrade of Production Equipment - $500,000 2. Department of Engineering – FY 2016 Bond Authorization, Stormwater Drainage Category: Christopher Shores Area Drainage Improvements Project - $540,000 3. Department of Engineering – State Revenue Sharing Program Fund ($350,000) and FY 2016 Bond Authorization, Stormwater Drainage Category ($350,000): 27th Street and Buxton Avenue Grade Adjustment Project – $700,000 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. Price 5. Scott 6. Vick 7. Woodbury 8. Bateman 9. Cherry 10.Coleman 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. Dr. James G. Cobb, Trinity Lutheran Church C. Pledge of Allegiance to the Flag of the United States of America D. Presentations E. Public Hearings 1. Ordinance Authorizing the City Manager to Execute a Lease Agreement By and Between the City and Pacific-Gulf Marine, Inc., Not to Exceed Five (5) Years, for the 23rd Street Pier and Adjacent City-Owned Property ACTION: A REQUEST TO ADOPT AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT, NOT TO EXCEED FIVE (5) YEARS, BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND PACIFIC-GULF MARINE, INC. FOR THE 23RD STREET PIER AND ADJACENT CITY-OWNED WATERFRONT PROPERTY, ALONG THE JAMES RIVER IN THE DOWNTOWN AREA. BACKGROUND: The current lessee, Interocean American Shipping, d/b/a Tote Services (Tote Services) lost its bid to continue the contract with the Maritime Administration (MARAD) for management of the three United States crane ships currently moored at the pier. Tote Services has given proper notice under its lease to terminate use of the 23rd Street Pier at the close of business February 29, 2016. Pacific-Gulf Marine, Inc. (PGM) has been awarded the MARAD contract for management of the three crane ships and has requested a five (5) year lease with the City beginning March 1, 2016 and expiring February 28, 2021. FISCAL IMPACT: PGM has agreed to an increase in the daily fee structure from $800 to $850 per day, providing annual revenue of $310,250 plus applicable taxes. All other terms and conditions of the existing lease with Tote Services will remain in place in the proposed lease with PGM. The City Manager recommends approval. ATTACHMENTS: Description CM Memo re 23rd St. Pier Lease Agrmnt sdm14119 re Lease between City and Pacific-Gulf Marine, Inc. E. Public Hearings 2. Ordinance Authorizing Zoning Text Amendments ZT-16-376, ZT-16-377, and ZT-16- 378, City of Newport News, Amending City Code, Chapter 45, Zoning Ordinance; Article II., Definitions, Section 45-201, to Define a New Use, Police K9 Training Facility; Article IV., Section 45-402, to Add it to the Summary of Uses by District Matrix; and Article V., General Regulations, to Add New Section 45-535, Police K9 Training Facility ACTION: A REQUEST TO ADOPT AN ORDINANCE AUTHORIZING ZONING TEXT AMENDMENTS ZT-16-376, ZT-16-377 AND ZT- 16-378, CITY OF NEWPORT NEWS, TO CITY CODE, CHAPTER 45, ZONING ORDINANCE; ARTICLE II., DEFINITIONS; SECTION 45-201, TO DEFINE A NEW USE, POLICE K9 TRAINING FACILITY; ARTICLE IV., SUMMARY OF USES BY DISTRICT, SECTION 45-402, BY ADDING POLICE K9 TRAINING FACILITY; AND ARTICLE V., GENERAL REGULATIONS, BY ADDING NEW SECTION 45- 535, POLICE K9 TRAINING FACILITY. BACKGROUND: These amendments add Police K9 Training Facility to the zoning ordinance, allow it in specific districts by right, and provide regulations for its use. On February 3, 2016, the City Planning Commission voted unanimously 7:0 to recommend approval of this request. Vote on Roll Call For: Carpenter, Fox, Groce, Jones, Mulvaney, Simmons, Willis Against: None Abstention: None The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re ZT-16-376, 377 and 378 Staff Report and CPC Minute Excerpts sdm14121 Amending Sec. 45-201, 45-402 and Adding Sec. 45-535 sdm14121 ORDINANCE NO. ____________________ AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 45, ZONING ORDINANCE, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE II., DEFINITIONS, SECTION 45-201, DEFINITION OF CERTAIN WORDS AND TERMS, BY ADDING THERETO THE DEFINITION OF POLICE K9 TRAINING FACILITY; ARTICLE IV., SUMMARY OF USES BY DISTRICT, SECTION 45-402, SUMMARY OF USES BY DISTRICT, BY AMENDING USE “F” ENTITLED COMMUNITY FACILITIES; AND ARTICLE V., GENERAL REGULATIONS, BY ADDING THERETO A NEW SECTION, NAMELY: SECTION 45-535, POLICE K9 TRAINING FACILITY. I. WHEREAS, Section 45-201 of the Code of the City of Newport News, Virginia, contains the definition of certain words and terms used in the Zoning Ordinance of the City of Newport News, Virginia; and WHEREAS, the Newport News Planning Commission, in accordance with applicable law, has recommended an amendment to Section 45-201 which would add the definition of Police K9 training facility; and WHEREAS, the Council of the City of Newport News, after public notice and hearing as required by law, desires to approve the addition of the term Police K9 training facility in Section 45-201. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News, Virginia: a. That Chapter 45, Zoning Ordinance, of the Code of the City of Newport News, Virginia, Article II., Definitions, Section 45-201, Definition of certain words and terms, be, and the same hereby is, amended and reordained by adding the definition of the term Police K9 training facility, as follows: Police K9 training facility A facility where working dogs will be trained, and may be housed, to assist police and other law enforcement officers in the performance of their duties. b. That the rest and remainder of Section 45-201 shall not be affected by this amendment, shall remain effective as adopted, shall be deemed incorporated into this ordinance by reference as if fully set forth herein, and shall be deemed reordained hereby. II. WHEREAS, Section 45-402 of the Code of the City of Newport News, Virginia, contains a comprehensive listing of uses permitted by the Zoning Ordinance of the City of Newport News, Virginia, in a “matrix” format; and WHEREAS, the Newport News Planning Commission, in accordance with applicable law, has recommended an amendment to Section 45-402, Summary of Uses by District, which would add use “F.10.1 Police K9 Training Facility” to allow such use in the P1 Park District, M1 Light Industrial District and M2 Heavy Industrial District, by right; and WHEREAS, the Council of the City of Newport News, after public notice and hearing as required by law, desires to approve the use by amending Section 45-402, by adding use “F.10.1 Police K9 Training Facility” to allow such use in the P1 Park District, M1 Light Industrial District and M2 Heavy Industrial District, by right. NOW, THEREFORE, BE IT FURTHER ORDAINED by the Council of the City of Newport News, Virginia: a. That Chapter 45, Zoning Ordinance, of the Code of the City of Newport News, Virginia, Article IV., Summary of Uses by District, Section 45-402, Summary of Uses by District, be, and the same hereby is, amended and reordained by adding use “F.10.1 Police K9 Training Facility” to allow such use in the P1 Park District, M1 Light Industrial District and M2 Heavy Industrial District, by right. b. The rest and remainder of Section 45-402 shall not be affected by this amendment, shall remain effective as adopted, shall be deemed incorporated into this ordinance by reference as if fully set forth herein and shall be deemed reordained hereby. III. BE IT FURTHER ORDAINED by the Council of the City of Newport News, Virginia: That Chapter 45, Zoning Ordinance, of the Code of the City of Newport News, Virginia, Article V., General Regulations, be, and the same hereby is, amended and reordained, by adding thereto a new section, namely: Sec. 45-535, Police K9 training facility, as follows: CHAPTER 45 ZONING ORDINANCE ARTICLE V. GENERAL REGULATIONS Sec. 45-535. Police K9 training facility. The purpose of this section is to set out minimum standards for a police K9 training facility in order to minimize adverse effects on adjacent residential properties. (a) Any facility located on property zoned P1 Park district shall provide a minimum 30- 2 foot transitional buffer along all property lines abutting a residential zoning district. Such transitional buffer shall be planted in accordance with the requirements found in Section 45- 2802(e). (b) Any structures, including but not limited to, kennels, runs and other training facilities, located on property zoned P1 Park district shall provide a minimum 30-foot setback from property lines abutting a residential zoning district. 3 F. Consent Agenda 1. Minutes of the Work Session of February 9, 2016 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of the Work Session of February 9, 2016 F. Consent Agenda 2. Minutes of the Special Meeting of February 9, 2016 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of the Special Meeting of February 9, 2016 F. Consent Agenda 3. Minutes of the Regular Meeting of February 9, 2016 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of the Regular Meeting of February 9, 2016 F. Consent Agenda 4. Resolution Authorizing the City Manager to Execute a Mutual Aid Agreement (MAA) between the Secretary of the Air Force through Joint Base Langley-Eustis (Langley Air Force Base) and the City of Newport News, for Fire Rescue Services and Emergency Medical Services ACTION: A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A MUTUAL AID AGREEMENT (MAA) BETWEEN THE SECRETARY OF THE AIR FORCE ACTING BY AND THROUGH THE COMMANDER, 633D AIR BASE WING, JOINT BASE LANGLEY-EUSTIS (LANGLEY AIR FORCE BASE) AND THE CITY OF NEWPORT NEWS, VIRGINIA ("THE PARTIES") FOR FIRE RESCUE SERVICES AND EMERGENCY MEDICAL SERVICES. BACKGROUND: The Parties wish to augment the fire protection capabilities available in their respective jurisdictions by entering into a Mutual Aid Agreement. The authority to enter into this agreement is set forth in various Federal codes, Emergency Management Regulations, and the Fire Emergency Services Program. This Agreement will become effective on the date of the last signature to the Agreement and will remain in effect for 5 years from that date, and automatically renews annually for a term of 20 years. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re MAA w/Langley and City sdm14113 Authorizing re MAA between LAFB and City sdm14113 RESOLUTION NO. __________ A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, THAT CERTAIN AGREEMENT FOR MUTUAL AID FIRE RESCUE SERVICES AND EMERGENCY MEDICAL SERVICES BETWEEN THE SECRETARY OF THE AIR FORCE ACTING BY AND THROUGH THE COMMANDER, 633D AIR BASE WING JOINT BASE LANGLEY-EUSTIS (LANGLEY AIR FORCE BASE) AND THE CITY OF NEWPORT NEWS, VIRGINIA. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News: 1. That it hereby authorizes and directs the City Manager to execute and the City Clerk to attest, on behalf of the City of Newport News, Virginia, that certain Agreement for Mutual Aid Fire Rescue Services and Emergency Medical Services between The Secretary of the Air Force Acting by and through the Commander, 633D Air Base Wing, Joint Base Langley-Eustis (Langley Air Force Base) and the City of Newport News, Virginia. 2. That a copy of the said Agreement is attached hereto and made a part hereof. 3. That this resolution shall be in effect on and after the date of its adoption, February 23, 2016. H. Appropriations ACTION: A REQUEST FOR A MOTION OF CITY COUNCIL TO APPROVE AS A BLOCK THE FOLLOWING APPROPRIATIONS. 1. Newport News Television (NNTV) – Public, Educational and Governmental (PEG) Fee Funds: Purchase and Upgrade of Production Equipment – $500,000 2. Department of Engineering – FY 2016 Bond Authorization, Stormwater Drainage Category: Christopher Shores Area Drainage Improvements Project – $540,000 3. Department of Engineering – State Revenue Sharing Program Fund ($350,000) and FY 2016 Bond Authorization, Stormwater Drainage Category ($350,000): 27th Street and Buxton Avenue Grade Adjustment Project – $700,000 H. Appropriations 1. Newport News Television (NNTV) - Public, Educational, and Governmental (PEG) Fee Funds: Purchase and Upgrade of Production Equipment - $500,000 ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING $500,000 FOR THE PURCHASE AND UPGRADE OF PRODUCTION EQUIPMENT FOR NEWPORT NEWS TELEVISION (NNTV) FROM THE FUND BALANCE GENERATED BY PUBLIC, EDUCATIONAL, AND GOVERNMENT (PEG) FEES. BACKGROUND: The City holds franchise agreements with local cable company carriers, that requires the companies to remit to the City revenue based on a formula for each basic service subscriber served in Newport News. According to the agreement, this revenue is to be used by the City for cable related purposes at the discretion of the City. These funds will be used for the purchase and upgrade of production equipment used by NNTV. FISCAL IMPACT: Approval of these funds will reduce the current revenue collected and the fund balance associated with the accumulated PEG fees by $500,000 from $1,535,778 to $1,035,778. The City Manager recommends approval. ATTACHMENTS: Description CM Memo re NNTV PEG Fees sdm14142 Appropriation re NNTV PEG Fee Equipment sdm14142 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM PEG FEE DESIGNATED FUND BALANCE TO NNTV PEG FEE EQUIPMENT. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News: That it hereby appropriates funds from PEG Fee Designated Fund Balance to NNTV PEG Fee Equipment, as follows: Appropriation From: PEG Fee Designated Fund Balance 4000-000-00-0000-300997-000423- 0000-00000 $ 500,000.00 Appropriation To: NNTV PEG Fee Equipment 4000-000-00-0000-570010-000000-0000- 00000-G2508 $ 500,000.00 H. Appropriations 2. Department of Engineering – FY 2016 Bond Authorization, Stormwater Drainage Category: Christopher Shores Area Drainage Improvements Project - $540,000 ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING $540,000 FROM THE FY 2016 BOND AUTHORIZATION, STORMWATER DRAINAGE CATEGORY FOR THE CHRISTOPHER SHORES AREA DRAINAGE IMPROVEMENTS PROJECT. BACKGROUND: The project is located in the Anderson Park/Hampton Roads Bay Watershed in the Southeast Community of the City. The area south of 16th Street identified as the Christopher Shores subdivision has little to no drainage systems to collect stormwater runoff and causes flooding of roadways during minor storm events. Improvements to the drainage in the area include additional catchment of stormwater runoff and upgrade of the existing systems to current City standards. The majority of the work will be in the City right-of-way with permanent drainage easements being acquired where outfall pipes transverse private property. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re Christopher Shores Drainage Proj Attachment Location Map Christopher Shores sdm14141 Appropriation re Christopher Shores Area Drainage  ST TH 19 T ST HS TH PL T 18 BS 20 JE TT CU OR PL M ST E TH HA TH AV 19 17 CK WI PL M HA CK DR WI DE ST ST TE E N TH TH 15 E GA AV 16 NP R L RO L PROJECT RO A FE LOCATION NO KE AV PL E ST TH 14 ST LL TH HA 13 RS MA ST AVE TH 12 T HS 11T PL MA ER RS O PH DR H PL AL ST L RI RE CH SH O LA IT SS ER D R TA YL AV OR E ST H 9T IVY AV E TE NT BA O FR R R S E I AT C D R ST W H 6T CITY OF NEWPORT NEWS, VIRGINIA µ CHRISTOPHER SHORES DRAINAGE IMPROVEMENTS sdm14141 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM BONDS AUTHORIZED AND UNISSUED TO CHRISTOPHER SHORES AREA DRAINAGE IMPROVEMENTS PROJECT. 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 Christopher Shores Area Drainage Improvements Project, as follows: Appropriation From: Bonds Authorized and Unissued 4104-250-70-700N-579000-000000-2016- 00000-N0000 $ 540,000.00 Appropriation To: Christopher Shores Area Drainage Improvements Project 4104-250-70-700N-579420-000000-2016- 00000-N5025 $ 540,000.00 H. Appropriations 3. Department of Engineering – State Revenue Sharing Program Fund ($350,000) and FY 2016 Bond Authorization, Stormwater Drainage Category ($350,000): 27th Street and Buxton Avenue Grade Adjustment Project – $700,000 ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING $700,000 FROM THE STATE REVENUE SHARING PROGRAM FUND ($350,000) AND THE FY 2016 BOND AUTHORIZATION, STORMWATER DRAINAGE CATEGORY ($350,000) FOR THE 27TH STREET AND BUXTON AVENUE GRADE ADJUSTMENT PROJECT. BACKGROUND: The intersection of 27th Street, 28th Street, and Buxton Avenue has a history of tidal flooding during both minor and major storm events. This grade adjustment project includes raising grade elevations of the roadways, water line improvements and upgrades to traffic signalization. The requested funds are to fully fund the construction phase of the project and is anticipated to begin in the Spring of 2016. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re 27th St & Buxton Ave Grade Proj Location Map sdm14140 Appropriation re 27th St and Buxton Ave Grade Adjustment sdm14140 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM BONDS AUTHORIZED AND UNISSUED AND STATE REVENUE TO 27TH STREET AND BUXTON AVENUE GRADE ADJUSTMENT PROJECT. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News: That it hereby appropriates funds from Bonds Authorized and Unissued and State Revenue to 27th Street and Buxton Avenue Grade Adjustment Project, as follows: Appropriation From: Bonds Authorized and Unissued 4104-250-70-700N-579000-000000-2016- 00000-N0000 $ 350,000.00 State Revenue 4300-000-00-0000-482010-000000-2012- N5011-N5011 $ 350,000.00 Appropriation To: 27th Street and Buxton Avenue Grade Adjustment Project 4104-250-70-700N-579420-000000-2016- 00000-N5011 $ 350,000.00 4300-250-70-700N-579420-000000-2012- N5011-N5011 $ 350,000.00 *I. Citizen Comments on Matters Germane to the Business of City Council J. New Business and Councilmember Comments City Manager City Attorney City Clerk Price Scott Vick Woodbury Bateman Cherry Coleman 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.”