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 APRIL 25, 2017 City Council Chambers 7:00 p.m. A. Call to Order B. Invocation • Father George Chioros, Saint Constantine and Helen Greek Orthodox Church C. Pledge of Allegiance to the Flag of the United States of America D. Presentations 1. Resolution of Recognition: Mrs. Izabela M. Cieszynski 2. Resolution In Memoriam: The Honorable Robert M. Yacobi 3. Proclamation: Public Service Recognition Week, May 7-13, 2017 E. Public Hearings 1. Ordinance Authorizing and Directing the City Manager to Execute A Deed of Easement for an Easement Across City-Owned Property Located at 15401 Warwick Boulevard (Atkinson Boulevard Project) 2. Ordinance Authorizing Conditional Use Permit No. CU-2017-0010, to the City of Newport News, for the Installation of an Electronic Display Sign in Conjunction with a Community Facility in a Park District on Property Located at 570 McLawhorne Drive and 10201 Jefferson Avenue and Zoned P1 Park 3. Ordinances Authorizing Zoning Text Amendment No. ZT-2017-0003, to the City of Newport News: (A) Amending and Reordaining City Code, Chapter 45, Zoning Ordinance;  Article II., Definitions, Section 45-201, Definition of Certain Words and Terms; Article V., General Regulations, Section 45-524, Adult Uses; and Adding Section 45-536, Nightclubs; and (B) Article IV., Summary of Uses by District, Section 45-402, Summary of Uses by District F. Consent Agenda 1. Minutes of the Work Session of April 11, 2017 2. Minutes of the Special Meeting of April 11, 2017 3. Minutes of the Regular Meeting of April 11, 2017 4. Minutes of the Budget Public Hearing of April 13, 2017 5. Ordinance Amending City Code, Chapter 6, Animals and Fowl; Article I., In General; By Adding New Section 6-9, Noisy Animals or Birds G. Other City Council Actions 1. 1 of 2: Resolution Appropriating $1,271,250 from the FY 2017 Bond Authorization, Stormwater Drainage Category ($1,103,750) and the Virginia Department of Environmental Quality Stormwater Local Assistance Fund (SLAF) ($167,500) for the Hampton Avenue Stream Restoration and Constructed Wetlands Project 2. 2 of 2: Resolution Authorizing the City Manager to Execute Any and All Documents Necessary for the Completion of the Hampton Avenue Stream Restoration and Constructed Wetlands Project H. Appropriations 1. Department of Engineering – FY 2017 Bond Authorization, Stormwater Drainage Category: Construction of the Main Street Drainage Improvements Project – $2,413,000 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. Cherry 5. Harris 6. Price 7. Scott 8. Vick 9. Woodbury  10. Bateman 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 – Father George Chioros, Saint 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 and Directing the City Manager to Execute A Deed of Easement for an Easement Across City-Owned Property Located at 15401 Warwick Boulevard (Atkinson Boulevard Project) ACTION: A REQUEST TO ADOPT AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A DEED OF EASEMENT BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA AND VIRGINIA ELECTRIC AND POWER COMPANY D/B/A DOMINION VIRGINIA POWER FOR AN EASEMENT ACROSS CITY-OWNED PROPERTY LOCATED AT 15401 WARWICK BOULEVARD (ATKINSON BOULEVARD PROJECT). BACKGROUND: The easement request accommodates improvements as part of the Atkinson Boulevard Project. A request to receive bids was properly advertised in the Daily Press on March 27, 2017 and on April 3, 2017. City Council received one bid for this easement at its April 11, 2017 meeting. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re Easement at 15401 Warwick Blvd Attachment Location Map Receipt of Bids for Easement sdm15315 Authorizing re VA Power Deed of Easement (15401 Warwick Blvd)  PROPOSED ATKINSON BOULEVARD EXTENSION UTILITY EASEMENT O N WAY ATKINS SN IDOW BLVD LE LL WA D EN R ND R RO BAR RW WA ICK IS LO BLVD LN CITY OF NEWPORT NEWS, VIRGINIA µ ATKINSON BOULEVARD EXTENSION - UTILITY EASEMENT - 15401 WARWICK BOULEVARD E. Public Hearings 2. Ordinance Authorizing Conditional Use Permit No. CU-2017-0010, to the City of Newport News, for the Installation of an Electronic Display Sign in Conjunction with a Community Facility in a Park District on Property Located at 570 McLawhorne Drive and 10201 Jefferson Avenue and Zoned P1 Park ACTION: A REQUEST TO ADOPT AN ORDINANCE AUTHORIZING CONDITIONAL USE PERMIT NO. CU-2017-0010, TO THE CITY OF NEWPORT NEWS FOR THE INSTALLATION OF AN ELECTRONIC DISPLAY SIGN IN CONJUNCTION WITH A COMMUNITY FACILITY IN A PARK DISTRICT ON PROPERTY LOCATED AT 570 MCLAWHORNE DRIVE AND 10201 JEFFERSON AVENUE AND ZONED P1 PARK. BACKGROUND: The Brittingham Midtown Community Center proposes to modify the existing sign by adding an electronic display centered inside the existing brick monument sign footprint. The electronic display sign in conjunction with a community facility is consistent with the Framework for the Future 2030 Comprehensive Plan land use map. On April 5, 2017, the City Planning Commission voted unanimously 8:0 to recommend approval of this request with conditions. Vote on Roll Call For: Austin, Carpenter, Fox, Groce, Maxwell, Mulvaney, Simmons, Wittkamp Against: None Abstention: None The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re CU-2017-0010 Electronic Sign Staff Report and CPC Minute Excerpts sdm15369 VU-2017-0010 re City of NN (570 McLawhorne Dr) E. Public Hearings 3. Ordinances Authorizing Zoning Text Amendment No. ZT-2017-0003, to the City of Newport News: (A) Amending and Reordaining City Code, Chapter 45, Zoning Ordinance; Article II., Definitions, Section 45-201, Definition of Certain Words and Terms; Article V., General Regulations, Section 45-524, Adult Uses; and Adding Section 45-536, Nightclubs; and (B) Article IV., Summary of Uses by District, Section 45-402, Summary of Uses by District ACTION: A REQUEST TO ADOPT ORDINANCES AUTHORIZING TEXT AMENDMENT NO. ZT-2017-0003 TO THE CITY OF NEWPORT NEWS: (A) AMENDING AND REORDAINING CITY CODE, CHAPTER 45, ZONING ORDINANCE; ARTICLE II., DEFINITIONS, SECTION 45-201, DEFINITION OF CERTAIN WORDS AND TERMS; ARTICLE V., GENERAL REGULATIONS, SECTION 45-524, ADULT USES; AND ADDING SECTION 45-536, NIGHTCLUBS; AND (B) ARTICLE IV., SUMMARY OF USES BY DISTRICT, SECTION 45-402, SUMMARY OF USES BY DISTRICT. BACKGROUND: The amendment modifies the definitions of adult use and nightclub and adds new regulations for the use and operation of a nightclub, as well as districts where they are permitted. The primary purpose is to allow restaurants the ability to provide nightly music or entertainment in the C1 Retail Commercial and C2 General Commercial districts by-right under certain conditions or with the issuance of a conditional use permit; and to allow them by-right in the C3 Regional Business and C4 Oyster Point Business districts. All nightclubs will be required to submit a management plan prior to occupancy. This ordinance change promotes economic development and redevelopment, one of Council's Five Strategic Priorities. On April 5, 2017, the City Planning Commission voted 7:0 with one abstention to recommend approval of the zoning text  amendment. Vote on Roll Call For: Austin, Carpenter, Fox, Groce, Maxwell, Mulvaney, Simmons Against: None Abstention: Wittkamp The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re ZT-2017-0003 Staff Report and CPC Minute Excerpts sdm15255 Amending Secs. 45-201 and 45-524 and Adding Sec. 45-536 sdm15261 Amending Sec. 45-402 sdm15255 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 AMENDING THE DEFINITIONS OF ADULT USES AND NIGHTCLUB; ARTICLE V., GENERAL REGULATIONS, BY AMENDING SECTION 45-524, ADULT USES AND BY ADDING SECTION 45-536, NIGHTCLUBS. 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 amend the definitions of Adult uses and Nightclub; and WHEREAS, the Council of the City of Newport News, after public notice and hearing as required by law, desires to approve the amendment of the terms Adult uses and Nightclub in Section 45-201. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News, Virginia: 1. 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 amending the definition of the terms Adult uses and Nightclub, as follows: Adult uses. Any adult book store, adult entertainment establishment, or adult motion picture theater or nightclub. Nightclub. An establishment, excluding motion picture theaters and adult entertainment establishments, which provides entertainment (including but not limited to live bands, floor shows, comedians, solo artists, and/or a dance floor for patrons), more than two (2) times per month, stays open after 11:00 p.m., and has a capacityan occupancy load exceeding one hundred (100) patronspeople. 2. 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. NOW, THEREFORE, BE IT FURTHER ORDAINED by the Council of the City of Newport News, Virginia: 3. That Chapter 45, Zoning Ordinance, of the Code of the City of Newport News, Virginia, Article V., General Regulations, Section 45-524 Adult uses, be, and the same hereby is, amended and reordained, as follows: CHAPTER 45 ZONING ORDINANCE ARTICLE V. GENERAL REGULATIONS Sec. 45-524. Adult uses. (a) Within the city, it is acknowledged that there are some uses, often referred to as adult uses, which because of their nature can have a negative impact on nearby property, particularly when several of them are concentrated under certain circumstances or located in direct proximity to a residential neighborhood, thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. These special regulations are itemized in this section. The primary control or regulation is for the purpose of preventing the concentration or location of these uses in a manner that would create such adverse effects. The definition of adult uses is found in section 45-201 of this chapter. (b) No adult use shall be permitted except in, C1, C2, and C3 districts, the exception being that a nightclub, as defined in this chapter, shall also be permitted in C4 districts. A conditional use permit, as provided for in Article XXVII of this chapter, is necessary for the establishment of an adult use. A conditional use permit may be issued by the city council after recommendation by the planning commission and finding that the location, size, design and operating characteristics of the proposed adult use will be compatible with and will not adversely affect or be materially detrimental to neighboring uses. (c) No unit containing an adult use in the C1, C2 or C3 districts shall be located nearer than five hundred (500) feet to: (1) Any school, church, park, playground or a library property; (2) Any other adult use; (3) Any residentially zoned property which fronts on the same street or which contains any school, church, park, playground or library; otherwise, the minimum distance from such unit to a residential zone shall be two hundred (200) feet. 2  For the purposes of this subsection, distances shall be measured on a straight line (1) from the unit containing the adult use to the nearest point of the property named in (c)(1) or (c)(3) above, or (2) between the unit containing the adult use and the unit containing any other adult use. (d) Not withstanding the above regulations, a nightclub as defined in this chapter shall be permitted in the C4 district without a conditional use permit. NOW, THEREFORE, BE IT FURTHER ORDAINED by the Council of the City of Newport News, Virginia: 4. 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. 45-536, Nightclubs, as follows: Sec. 45-536. Nightclubs. The purpose of this section is to set out minimum regulations for the review and approval of nightclubs to mitigate any negative effects upon adjacent properties. The definition of a nightclub is found in Section 45-201. (a) All nightclubs must provide a management plan as part of an application for certificate of use and occupancy for those permitted by right in this ordinance, and as part of an application for a conditional use permit as stipulated below in subsection (c). The minimum required elements of a management plan are as follows: (1) Operational characteristics and features of the nightclub, including the following: a. Staffing levels; b. Hours of operation, and days of the week on which the establishment will be operated as a nightclub; c. Type of Virginia Alcoholic Beverage Control license and related restrictions; d. Floor plan showing the general arrangement and seating capacity of tables and bar facilities, dance floor and standing room areas and capacity, which floor plan shall be posted on the premises in a prominent location viewable by the patrons; e. Total occupant load; and 3  f. General type, frequency and hours of entertainment to be provided; (2) Provisions for off-street parking; and (3) Provisions for security and crowd management, including the following: a. Procedures, features, arrangements and staffing levels for security and crowd management for both the interior and exterior of the premiss; and b. A plan and procedures for mitigating potential adverse impacts on nearby dwelling and business uses. (b) A nightclub, as defined in this chapter, shall be permitted in the C3 and C4 districts as a matter of right. (c) A nightclub, as defined in this chapter, shall be permitted in the C1 and C2 districts, and shall be called a type 1 nightclub, when the following conditions exist: (1) The nightclub is located more than five hundred (500) feet away from: a. Any school, church, park, playground or a library property; b. Any other nightclub; c. Any residentially zoned property which fronts on the same street or which contains any school, church, park, playground or library; or d. Located more than two hundred (200) feet away from a residential zone when not fronting on the same street. (d) A nightclub, as defined in this chapter, may be by conditional use permit, as provided for in Article XXVII of this chapter, and shall be called a type 2 nightclub when the following conditions exist: (1) The nightclub is located five hundred (500) feet or closer to: a. Any school, church, park, playground or a library property; b. Any other nightclub; c. Any residentially zoned property which fronts on the same street or which contains any school, church, park, playground or library; and 4  d. Any nightclub that is closer than two hundred (200) feet to a residential zone when not fronting on the same street. (2) For the purposes of this subsection, distances shall be measured on a straight line (i) from the unit containing the nightclub to the nearest point of the property named above in (c)(1), or (ii) between the unit containing the nightclub and the unit containing any other nightclub. (3) For purposes of this subsection, unit means a self-contained section within a larger structure or a freestanding structure containing a single use. (4) A conditional use permit may be issued by the city council after recommendation by the planning commission and finding that the location, size, design and operating characteristics of the proposed nightclub will be compatible with and will not adversely affect or be materially detrimental to neighboring uses. 5 sdm15261 ORDINANCE NO. ________________ AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 45, ZONING ORDINANCE, ARTICLE IV., SUMMARY OF USES BY DISTRICT, SECTION 45-402, SUMMARY OF USES BY DISTRICT, BY AMENDING PERMITTED USES “J” RETAIL SERVICES. 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, identified as ZT-2017-0003, to Section 45-402, Summary of Uses by District, which would add use “J.33.1. Nightclub - Type 1” to allow such use in the C1 Retail Commercial District, the C2 General Commercial District, the C3 Regional Business District, and the C4 Oyster Point Business District by right, and which would add use “J.33.2. Nightclub - Type 2", which would allow such use in the C3 Regional Business District and the C4 Oyster Point Business District by right, and in the C1 Retail Commercial District and the C2 General Commercial District by conditional use permit; and WHEREAS, the Council of the City of Newport News, after public notice and hearing as required by law, desires to amend Section 45-402, by adding use “J.33.1. Nightclub - Type 1” to allow such use in the C1 Retail Commercial District, the C2 General Commercial District, the C3 Regional Business District, and the C4 Oyster Point Business District by right, and add use “J.33.2. Nightclub - Type 2", which would allow such use in the C3 Regional Business District and the C4 Oyster Point Business District by right, and in the C1 Retail Commercial District and the C2 General Commercial District by conditional use permit. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News, Virginia: 1. 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 “J.33.1. Nightclub - Type 1” to allow such use in the C1 Retail Commercial District, the C2 General Commercial District, the C3 Regional Business District, and the C4 Oyster Point Business District by right, and adding use “J.33.2. Nightclub - Type 2", which would allow such use in the C3 Regional Business District and the C4 Oyster Point Business District by right, and in the C1 Retail Commercial District and the C2 General Commercial District by conditional use permit. 2. 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. F. Consent Agenda 1. Minutes of the Work Session of April 11, 2017 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of the Work Session of April 11, 2017 F. Consent Agenda 2. Minutes of the Special Meeting of April 11, 2017 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of the Special Meeting of April 11, 2017 F. Consent Agenda 3. Minutes of the Regular Meeting of April 11, 2017 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of the Regular Meeting of April 11, 2017 F. Consent Agenda 4. Minutes of the Budget Public Hearing of April 13, 2017 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of the Budget Public Hearing of April 13, 2017 F. Consent Agenda 5. Ordinance Amending City Code, Chapter 6, Animals and Fowl; Article I., In General; By Adding New Section 6-9, Noisy Animals or Birds ACTION: A REQUEST TO ADOPT AN ORDINANCE AMENDING CITY CODE, CHAPTER 6, ANIMALS AND FOWL; ARTICLE I., IN GENERAL; BY ADDING SECTION 6-9, NOISY ANIMALS OR BIRDS. BACKGROUND: Noisy animals and birds regularly generate complaints from citizens who consider the constant and recurring vocalizations a nuisance to their right to enjoy the peace and quiet of their surroundings. The City does not currently have an ordinance pertaining to noisy animals or birds. A previous ordinance that addressed noisy animals was repealed due to its subjectivity and, as such, its questionable enforceability. City police and animal control officers are regularly called upon to handle noisy animal complaints but are left with no alternatives to enforce address situations where owners fail to comply with quieting their animals. The proposed ordinance establishes objective measurements for determining whether an animal is in violation of the Ordinance including audibility, timeframe and consistency of the sound across property boundaries or dwellings. Each violation is considered a Class 4 misdemeanor if allowed to continue after due notice has been given to remove, correct or abate the violation. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re Noisy Animal Ordinance sdm15214 Adding Sec. 6-9, Noisy animals or birds sdm15214 ORDINANCE NO. _______________ AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 6, ANIMALS AND FOWL, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE I., IN GENERAL, BY ADDING THERETO A NEW SECTION, NAMELY: SECTION 6-9, NOISY ANIMALS OR BIRDS. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News, Virginia: That Chapter 6, Animals and Fowl, of the Code of the City of Newport News, Virginia, Article I., In General, be, and the same hereby is, amended and reordained, by adding thereto a new section, namely: Section 6-9, Noisy animals and birds, as follows: CHAPTER 6 ANIMALS AND FOWL ARTICLE I. IN GENERAL Sec. 6-9. Noisy animals or birds. Any person who shall own, allow, permit, keep or harbor, on or about any premises, any animal(s) or bird(s) which creates sound (i) that is plainly audible across property boundaries or inside the confines of the dwelling unit, house or apartment of another person between the hours of 10:00 p.m. and 8:00 a.m.; (ii) that is plainly audible inside the confines of the dwelling unit, house or apartment of another person at least once a minute for 10 consecutive minutes; (iii) that is plainly audible at fifty (50) or more feet from the animal(s) or bird(s) between the hours of 10:00 p.m. and 8:00 a.m.; or (iv) that is plainly audible at fifty (50) or more feet from the animal(s) or bird(s) at least once a minute for 10 consecutive minutes, shall be deemed to have caused or permitted a public nuisance, which is unlawful, and shall be guilty of a Class 4 misdemeanor for each occurrence the nuisance may continue, after due notice has been given to remove, correct or abate the same. G. Other City Council Actions 1. 1 of 2: Resolution Appropriating $1,271,250 from the FY 2017 Bond Authorization, Stormwater Drainage Category ($1,103,750) and the Virginia Department of Environmental Quality Stormwater Local Assistance Fund (SLAF) ($167,500) for the Hampton Avenue Stream Restoration and Constructed Wetlands Project ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING $1,271,250 FROM THE FY 2017 BOND AUTHORIZATION, STORMWATER DRAINAGE CATEGORY ($1,103,750) AND THE VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY STORWATER LOCAL ASSISTANCE FUND (SLAF) ($167,500) FOR THE HAMPTON AVENUE STREAM RESTORATION AND CONSTRUCTED WETLANDS PROJECT. BACKGROUND: The project is in the Salters Creek watershed in the Southeast community of the City. The open drainage ditch is tidally influenced by the Hampton Roads Bay which causes flooding of streets and properties during rainstorm events. The channel does not conform to current City standards and the culverts under Buxton Avenue, Poplar Avenue, and Maple Avenue are in need of repairs. Improvements to the drainage in the area include replacement of existing culverts, construction of wetlands for water quality purposes, and widening the existing open channel. The increased volume within the channel and installation of wetlands areas will reduce nuisance flooding experienced during rainstorm events. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re Appropriation for Hampton Ave Stream Restoration sdm15388 Appropriation re Hampton Ave Stream Restoration sdm15388 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM BONDS AUTHORIZED AND UNISSUED AND VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY STORMWATER LOCAL ASSISTANCE FUND TO HAMPTON AVENUE STREAM RESTORATION AND CONSTRUCTED WETLANDS 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 Virginia Department of Environmental Quality Stormwater Local Assistance Fund to Hampton Avenue Stream Restoration and Constructed Wetlands Project, as follows: Appropriation From: Bonds Authorized and Unissued 4104-250-70-700N-579000-000000-2017- 00000-N0000 $ 1,103,750.00 Virginia Department of Environmental Quality Stormwater Local Assistance Fund 4300-000-00-0000-482010-000000-0000- N5023-N5023 $ 167,500.00 Appropriation To: Hampton Avenue Stream Restoration and Constructed Wetlands Project 4104-250-70-700N-579420-000000-2017- 00000-N5023 $ 1,103,750.00 4300-250-70-700N-579400-000000-0000- N5023-N5023 $ 167,500.00 G. Other City Council Actions 2. 2 of 2: Resolution Authorizing the City Manager to Execute Any and All Documents Necessary for the Completion of the Hampton Avenue Stream Restoration and Constructed Wetlands Project ACTION: A REQUEST TO APPROVE A RESOLUTION PROGRAMMING THE PROJECT HAMPTON AVENUE STREAM RESTORATION AND CONSTRUCTED WETLANDS PROJECT WHICH IS SUBJECT IN PART TO A GRANT FROM THE STORMWATER LOCAL ASSISTANCE FUND (SLAF) FROM THE VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ). BACKGROUND: The City has competed for and successfully secured a Stormwater Local Assistance Fund (SLAF) Grant from DEQ to support the construction of Hampton Avenue Stream Restoration and Constructed Wetlands project. The resolution will allow the City Manager to execute grant and related, or other documents necessary to complete the project as described. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description sdm15377 Programming of the Hampton Ave Street Restoration, etc Project sdm15377 RESOLUTION NO. _______________ A RESOLUTION REQUESTING PROGRAMMING OF A PROJECT TO BE KNOWN AS THE HAMPTON AVENUE STREAM RESTORATION AND CONSTRUCTED WETLANDS PROJECT WHICH IS SUBJECT IN PART TO A GRANT FROM THE STORMWATER LOCAL ASSISTANCE FUND FROM THE VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ). WHEREAS, the Engineering Department is requesting programing of a project known as the Hampton Avenue Stream Restoration and Constructed Wetlands Project (“the Project”), which will impact both water quality and water quantity in the Salters Creek watershed in the Southeast Community of the City; and WHEREAS, Salters Creek is a tidally influenced stream which is subject to recurrent flooding of streets and properties during rainfall events, and the existing channel does not conform to current City standards and the culverts under Buxton Avenue, Poplar Avenue and Maple Avenue are in need of repair; and WHEREAS, implementation of the Project will improve the four culvert crossings at Buxton Avenue, Poplar Avenue and Maple Avenue and provide pollution reductions; and WHEREAS, the pollution reductions will be achieved by construction of 1.2 acres of tidal wetlands and 1.5 acres of non-tidal wetlands along the existing open channel; and WHEREAS, this reduction will help the City meet its Total Maximum Daily Load (TMDL) limit set by EPA and DEQ; and WHEREAS the Cost of the Project is $1,271,250.00; and WHEREAS, due to this anticipated reduction of pollutant loading, the Virginia Department of Environmental Quality (“DEQ”) has indicated a willingness to provide a grant to the City from its Stormwater Local Assistance Fund (SLAF) for the Project’s construction, in the amount of $167,500.00; and WHEREAS, the Council of the City supports the worthy goals of the Project and encourages expeditious implementation. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News, Virginia: 1. That it hereby approves and endorses the Project within the City. 2. That it requests DEQ to make the grant to the City in partial reimbursement for the cost expended on the Project.  3. That it hereby authorizes and directs the City Manager to execute, and the City Clerk to attest on behalf of the City, any and all agreements or documents necessary to effectuate the design and construction of the Project and to obtain the grant funding from DEQ; provided that all such agreements and documents shall first have been reviewed and approved by the City Attorney. 4. That the City Manager shall ensure that the expenditure of Project funds is carefully monitored and controlled and, in particular that the easements necessary for construction are approved prior to the expenditure of the Project funds. H. Appropriations ACTION: A REQUEST FOR A MOTION OF CITY COUNCIL TO APPROVE AS A BLOCK THE FOLLOWING APPROPRIATIONS. 1. Department of Engineering – FY 2017 Bond Authorization, Stormwater Drainage Category: Construction of the Main Street Drainage Improvements Project – $2,413,000 H. Appropriations 1. Department of Engineering – FY 2017 Bond Authorization, Stormwater Drainage Category: Construction of the Main Street Drainage Improvements Project – $2,413,000 ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING $2,413,000 FROM THE FY 2017 BOND AUTHORIZATION, STORMWATER DRAINAGE CATEGORY FOR THE CONSTRUCTION OF THE MAIN STREET DRAINAGE IMPROVEMENTS PROJECT. BACKGROUND: Drainage improvements are proposed along Ferguson Avenue, Main Street, and River Road in the Hilton Village Area. The area has experienced frequent flooding due to insufficient capacity of the existing storm sewer system. The improvements will eliminate an existing storm drain flowing under the St. Andrews Church. This is the first of three improvement projects to address drainage issues in the area. The drainage outfalls will extend 60 feet into the James River and reduce bacteria related beach closing advisories. Construction is anticipated to begin in the Spring of 2017 and continue for approximately seven months. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re Main Street Drainage Improvements Project Location Map sdm15387 Appropriation re Main Street Drainage Improvements RIVER PA RD L EN AV E ST T PO S FE R GU SO N AV ST E IN MA Saint Andrew's Episcopal Church PA R K PL PROJECT LOCATION Hilton Presbyterian Church Hilton Elementary School HI LT ON TE R ST IN S PK HO CITY OF NEWPORT NEWS, VIRGINIA µ MAIN STREET DRAINAGE IMPROVEMENTS sdm15387 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM BONDS AUTHORIZED AND UNISSUED TO MAIN STREET DRAINAGE IMPROVEMENTS. 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 Main Street Drainage Improvements, as follows: Appropriation From: Bonds Authorized and Unissued 4104-250-70-700N-579000-000000-2017- 00000-N0000 $ 2,413,000.00 Appropriation To: Main Street Drainage Improvements 4104-250-70-700N-579420-000000-2017- 00000-N5007 $ 2,413,000.00 *I. Citizen Comments on Matters Germane to the Business of City Council J. Old Business, New Business and Councilmember Comments City Manager City Attorney City Clerk Cherry Harris Price Scott Vick Woodbury Bateman 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.”