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 OCTOBER 24, 2017 City Council Chambers 7:00 p.m. A. Call to Order B. Invocation • Elder Darrin Lyons, Bethel Restoration Center C. Pledge of Allegiance to the Flag of the United States of America D. Presentations 1. Resolution of Recognition: Mr. C.B. Harrell, Jr., 100th Birthday 2. Resolution of Recognition: Mr. Norman L. Crabill E. Public Hearings 1. Ordinance Granting Conditional Use Permit No. CU-2017-0015, to Steven D. Wolf Custom Builder, Inc., for the Operation of a Tattoo Establishment on Property Located at 603 J. Clyde Morris Boulevard, Suite 4, Zoned C2 General Commercial 2. Ordinance Authorizing and Directing the City Manager to Execute Any and All Documents, Including Deeds, Necessary to Effectuate the Conveyance of City-Owned Property Located at 914 Ivy Avenue to the Newport News Redevelopment and Housing Authority (NNRHA) 3. Ordinance Authorizing and Directing the City Manager to Execute a Building and Rooftop Lease By and Between the City of Newport News, Virginia, and Cellco Partnership d/b/a Verizon Wireless, for Rooftop Space at Downing-Gross Cultural Arts Center (DGCAC) to Connect Communication Equipment  4. Ordinance Amending City Code, Chapter 40, Taxation; Article XII., Tangible Personal Property Taxes; Division 2, Tax Levy and Rates; Section 40-220.6 and Repealing Section 40-220.7, Pertaining to the Classification and Taxation of Boats and Watercraft 5. Ordinance Amending City Code, Chapter 40, Taxation; Article I., General Provisions and Exemptions; Division 3, Property Exempted by Designation; Section 40-8.05; to Designate Property Located at 1351 39th Street and Owned by the Newport News Green Foundation, Inc., as Exempt From Taxation F. Consent Agenda 1. Minutes of the Work Session for October 10, 2017 2. Minutes of the Regular Meeting of October 10, 2017 3. Resolution Supporting an Unmanned Systems Testing and Demonstration Center Proposal as a Regional Economic Development Initiative Through the GO Virginia Program G. Other City Council Actions 1. Receipt of Bids for Granting a 15-Foot-Wide Utility Easement Across City- Owned Property Located at 110 Main Street 2. Resolution Approving and Adopting the City of Newport News, Virginia Legislative Program for the 2018 Virginia General Assembly 3. Motion to Approve the Designation of National League of Cities (NLC) 2017 "City Summit" Voting Delegates 4. Resolution Endorsing the Two (2) Recommended Alternatives from the Peninsula Corridor Study for the Implementation of Bus Rapid Transit (BRT) and Formally Requesting the Hampton Roads Transit (HRT) to Initiate an Environmental Review Study for the Options Identified in the Cities of Hampton and Newport News 5. Resolution Supporting the Choice Neighborhoods Initiative (CNI) Implementation Grant for the U.S. Department of Housing and Urban Development (HUD) Choice Neighborhood Transformation Plan and Authorizing the City Manager to Submit All Necessary Paperwork in Support of the Grant Application H. Appropriations 1. Waterworks Department – Capital Improvements Plan (CIP): Walker’s Dam Stabilization Project Construction Costs – $442,148.46 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. Scott 5. Vick 6. Woodbury 7. Bateman 8. Cherry 9. Harris 10. Price 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 – Elder Darrin Lyons, Bethel Restoration Center C. Pledge of Allegiance to the Flag of the United States of America D. Presentations E. Public Hearings 1. Ordinance Granting Conditional Use Permit No. CU-2017-0015, to Steven D. Wolf Custom Builder, Inc., for the Operation of a Tattoo Establishment on Property Located at 603 J. Clyde Morris Boulevard, Suite 4, Zoned C2 General Commercial ACTION: A REQUEST TO ADOPT AN ORDINANCE GRANTING CONDITIONAL USE PERMIT NO. CU-2017-0015 TO STEVEN D. WOLF CUSTOM BUILDER, INC. FOR THE OPERATION OF A TATTOO ESTABLISHMENT AT 603 J. CLYDE MORRIS BOULEVARD, SUITE 4, AND ZONED C2 GENERAL COMMERCIAL. BACKGROUND: The applicant is fully licensed and must comply with all local and state regulations regarding tattooing. The proposed establishment is in conformance with the Framework for the Future 2030 Comprehensive Plan land use map and compatible with the surrounding uses. On October 4, 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, Mulvaney, Simmons, Willis, Wittkamp Against: None Abstention: None The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re CU-2017-0015 Staff Report and CPC Minutes sdm15795 CU-2017-0015 re Steven D. Wolf Custom Builder, Inc. sdm15795 ORDINANCE NO. ____________ AN ORDINANCE GRANTING CONDITIONAL USE PERMIT NUMBER CU-2017-0015 FOR THE HEREINAFTER DESCRIBED PROPERTY FOR THE PURPOSE OF OPERATING A TATTOO ESTABLISHMENT ON A SITE ZONED C2 GENERAL COMMERCIAL DISTRICT. WHEREAS, application number CU-2017-0015 has been made by STEVEN D. WOLF CUSTOM BUILDER, INC., owner and applicant, for a conditional use permit for the hereinafter described property for the purpose of operating a tattoo establishment on a site zoned C2 General Commercial 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-2017-0015 is hereby granted for the property described in paragraph (b) hereof for the purpose of operating a tattoo establishment on a site zoned C2 General Commercial District; and (b) That the property, hereinafter referred to as the "Property," to which the conditional use permit applies is particularly described below: All that certain lot, piece or parcel of land situate, lying and being in the City of Newport News , Virginia, and being known, number and designated as Lot 1, as shown on plat of subdivision entitled, “SUBDIVISION OF THE PROPERTY OF STEVEN D. WOLF CUSTOM BUILDER, INC., NEWPORT NEWS, VIRGINIA”, dated February 28, 2002 and recorded in the Clerk’s Office of the Circuit Court for the City of Newport News, Virginia on May 3, 2002 in Deed Book 1719, page 331, to which plat reference is here made for a more particular description of the property. This conditional use permit, however, pertains only to that 800 square foot area of the aforesaid Property known as Suite 4. The Property has a common street address of 603 J. Clyde Morris Boulevard, Suite 4, and Real Estate Assessor’s Tax I. D. #213.00-05-15. (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 operation of a tattoo establishment granted by this conditional use permit shall be limited to only the 800 square foot area designated as 603 J. Clyde Morris Boulevard, Suite 4. 2. Building signs shall be submitted to the Department of Planning and approved by the Director of Planning prior to the issuance of a sign permit. No portable signs shall be permitted on the Property. 3. Signage placed in or on any window of Suite 4 of the Property shall be limited to no more than 25 percent of each window. 4. The business operator shall comply with all provisions contained in Chapter 20, Health and Sanitation Generally, Article IV, Tattoo Establishments and Body Piercing Salons of the city code. 5. If approved, the ordinance approving this conditional use permit shall be prominently displayed within the establishment at all times until the use is abandoned. 6. 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. 7. 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. 2  8. 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 property, whether improved or otherwise is put to a use which is authorized by this conditional use permit. 9. 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. 10. 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. 11. 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. 12. 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: 3 1. If the construction of the improvements or occupancy authorized by this conditional use permit has not commenced within twenty-four (24) months of October 24, 2017, 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 2. Ordinance Authorizing and Directing the City Manager to Execute Any and All Documents, Including Deeds, Necessary to Effectuate the Conveyance of City- Owned Property Located at 914 Ivy Avenue to the Newport News Redevelopment and Housing Authority (NNRHA) ACTION: A REQUEST TO APPROVE AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS, INCLUDING DEEDS, NECESSARY TO EFFECTUATE THE CONVEYANCE OF PROPERTY LOCATED AT 914 IVY AVENUE TO THE NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTHORITY (NNRHA). BACKGROUND: NNRHA has requested that the City convey City-owned property, located at 914 Ivy Avenue to NNRHA in support of its revitalization activities in the Southeast Community. NNRHA would like to assemble the 25x115-foot lot which is adjacent to another NNRHA-owned property to continue revitalization and renovation efforts in conjunction with the Lassiter Courts Project. A review by all appropriate City departments indicated there were no objections to the City conveying the requested surplus parcel. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re Conveyance of 914 Ivy Ave to NNRHA Attachment sdm15785 Authorizing re Conveyance of City Property to NNRHA Legend City of Newport News Any determination of topography or contours, or any depiction of phy sical improv ements, property lines or boundaries is f or general inf ormation only and shall not be used f or the design, modif ication, or construction of improv ements to real property or f or f lood plain determination. sdm15786 ORDINANCE NO. __________ AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, ANY AND ALL DOCUMENTS, INCLUDING DEEDS, NECESSARY TO EFFECTUATE THE CONVEYANCE OF CERTAIN CITY-OWNED PROPERTY TO THE NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTHORITY. WHEREAS, the City Manager has recommended that certain City-owned property be conveyed to the Newport News Redevelopment and Housing Authority; and WHEREAS, the City Council concurs with this recommendation, finding that it is in the public interest to make such conveyances. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News, Virginia: 1. That it desires to, and hereby does, authorize and direct the City Manager to execute and the City Clerk to attest on behalf of the City of Newport News, Virginia, any and all documents necessary to effectuate the conveyance, by special warranty, of the City owned property listed below to the Newport News Redevelopment and Housing Authority: ACCOUNT ADDRESS LEGAL DESCRIPTION 317.0006-34 914 Ivy Avenue Lot 23 & Pt. Alley, Block 002 2. That the documents necessary to implement the property conveyances authorized herein shall either be prepared by or reviewed by the City Attorney before their execution. The City Manager and City Attorney are hereby authorized to resolve title issues or other matters necessary to effectuate the conveyance of the properties to the Authority. E. Public Hearings 3. Ordinance Authorizing and Directing the City Manager to Execute a Building and Rooftop Lease By and Between the City of Newport News, Virginia, and Cellco Partnership d/b/a Verizon Wireless, for Rooftop Space at Downing-Gross Cultural Arts Center (DGCAC) to Connect Communication Equipment ACTION: A REQUEST TO APPROVE AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A BUILDING AND ROOFTOP LEASE BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND CELLCO PARTNERSHIP D/B/A/ VERIZON WIRELESS, FOR ROOFTOP SPACE AT THE DOWNING GROSS CULTURAL ARTS CENTER (DGCAC) TO CONNECT COMMUNICATION EQUIPMENT. BACKGROUND: The installation aims to both enhance much-needed mobile telecommunication services to residents of the Southeast Community, as well as provide a positive revenue stream to the City of Newport News. FISCAL IMPACT: The term is for five (5) years, with an annual rental rate starting at $26,400. Rent will be increased annually by an amount equal to three percent (3%) of the rent for the prior Lease year. The specific Lease terms, to include pricing, have been negotiated in coordination with the Department of Development and the City's consultant for cell tower matters. The City Manager recommends approval. ATTACHMENTS: Description CM Memo re Rooftop Lease to Verizon at DGCAC sdm15790 Authorizing re Building and Rooftop Leae between City and Cellco (Downing-Gross) E. Public Hearings 4. Ordinance Amending City Code, Chapter 40, Taxation; Article XII., Tangible Personal Property Taxes; Division 2, Tax Levy and Rates; Section 40-220.6 and Repealing Section 40-220.7, Pertaining to the Classification and Taxation of Boats and Watercraft ACTION: A REQUEST TO ADOPT AN ORDINANCE AMENDING CITY CODE, CHAPTER 40, TAXATION; ARTICLE XII., TANGIBLE PERSONAL PROPERTY TAXES; DIVISION 2, TAX LEVY AND RATES; SECTION 40-220.6, TAX ON PRIVATELY OWNED PLEASURE BOATS AND WATERCRAFT USED FOR RECREATIONAL PURPOSES; LEVIED; AMOUNT AND REPEALING SECTION 40-220.7, TAX ON BOATS OR WATERCRAFT FIVE TONS OR OVER; LEVIED; AMOUNT; AND FOR THE CALENDAR YEAR BEGINNING JANUARY 1, 1990. BACKGROUND: Currently, the City levies Personal Property tax on all privately owned pleasure boats/watercraft used for recreational only purposes, and on all business only purpose boats/watercraft. The rates were applied based on the weight of the vessel, at either over or under a five (5) ton level. During the 2017 Legislative Session, the General Assembly amended state code by adding a classification of boats for taxation purposes. Effective July 1, 2017, the amendment consolidated water vessels used for recreational or business purposes, or commercial fishing, into a uniform classification. This now requires localities to identify all of the various classes of boats and/or watercraft listed. Presently, City Code does not list all of the classes identified as in the state code. This Ordinance amendment will align City Code with state code and accurately reflect the classification of boats and  watercraft. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re Ord Amdmnt to Chapt 40, Taxation-Boats/Watercraft sdm15721 Amending Sc. 40-220.6, Tax on boats and watercraft and Repealing Sec. 40-220.7  CITY OF NEWPORT NEWS OFFICE OF THE CITY MANAGER October 18, 2017 TO: The Honorable City Council FROM: City Manager SUBJECT: Ordinance Amendment to Chapter 40, Taxation – Boats and/or Watercraft Currently, the City levies a Personal Property tax on all privately owned pleasure boats/watercraft used for recreational purposes only, at the rate of one dollar ($1.00) on every one hundred dollars ($100.00) of the assessed value, and a tax on all business only purpose boats/watercraft, a rate of ninety cents ($0.90) on every one hundred dollars ($100.00) of assessed value. The rates were applied based on the weight of the vessel, at either over or under the five (5) ton level. During the 2017 Legislative Session, the General Assembly amended the Code of Virginia, Section 58.1-3506 (A), by adding a classification of boats for taxation purposes. Effective July 1, 2017, this consolidates water vessels, used for recreational or business purposes, or commercial fishing, into a uniform classification. This requires localities to identify by local tax, all of the various classes of boats and/or watercraft listed. Presently, City Code does not list all of the classes identified as in the state code section above. For example, the State Code identifies vessels by weight, length, and/or motorization of the boat/watercraft. City Council is requested to amend City Code, Section 40-220.6, and repeal Section 40-220.7, to be in alignment with and accurately reflect the classification of boats and watercraft in the State Code. The current City Personal Property tax rates remain in effect; there is no change in General Fund revenue associated with this recommended City Code change. If adopted, the classification of boats/watercraft change will go into effect January 1, 2018, with the new tax year levy. I recommend approval of the Ordinance. __________________________________ Cynthia D. Rohlf CDR:PAG:ljc cc: Priscilla Bele, Commissioner of the Revenue G:\Cindy Rohlf\1 CM CORRESPONDENCE\Correspondence\2017\10October\Memo to HCC re Amdmnt to Chapt 40, Taxation - Boats and Watercraft 10 18 17.docx sdm15721 ORDINANCE NO. _______________ AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 40, TAXATION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE XII., TANGIBLE PERSONAL PROPERTY TAXES, DIVISION 2., TAX LEVY AND RATES, SECTION 40-220.6, TAX ON PRIVATELY OWNED PLEASURE BOATS AND WATERCRAFT USED FOR RECREATIONAL PURPOSES ONLY; LEVIED; AMOUNT AND REPEALING SECTION 40- 220.7, TAX ON BOATS OR WATERCRAFT FIVE TONS OR OVER; LEVIED; AMOUNT; AND FOR THE CALENDAR YEAR BEGINNING JANUARY 1, 1990. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News, Virginia: 1. That Chapter 40, Taxation, of the Code of the City of Newport News, Virginia, Article XII., Tangible Personal Property Taxes, Division 2., Tax Levy and Rates, Section 40-220.6, Tax on privately owned pleasure boats and watercraft used for recreational purposes only; levied; amount, be, and the same hereby is, amended and reordained as follows: CHAPTER 40 TAXATION ARTICLE XII. TANGIBLE PERSONAL PROPERTY TAXES DIVISION 2. TAX LEVY AND RATES Sec. 40-220.6. Tax on privately owned pleasure boats and watercraft used for recreational purposes only; levied; amount. (a) For the calendar year beginning on January 1, 19892018, and ending on December 31, 19892018, and for the calendar year beginning January 1, 1990, and for the and for each and every calendar year thereafter, unless changed, there shall be and hereby is, levied a tax on all privately owned pleasure boats and watercraft used for recreational purposes only, in the City of Newport News, Virginia at the rate of one dollar ($1.00) on every one hundred dollars ($100.00) of the assessed value thereof.the tax on all boats and/or watercraft in the City of Newport News, Virginia, shall be as follows: (1) Boats or watercraft weighing five (5) tons or more, not used solely for business purposes, shall be taxed at the rate of ninety cents ($0.90) on every one hundred dollars ($100.00) of the assessed value thereof.  (2) Boats or watercraft weighing less that five (5) tons, not used solely for business purposes, shall be taxed at the rate of one dollar ($1.00) on every one hundred dollars ($100.00) of the assessed value thereof. (3) Privately owned pleasure boats and watercraft eighteen (18) feet and over used for recreational purposes only shall be taxed at the rate of one dollar ($1.00) on every one hundred dollars ($100.00) of the assessed value thereof. (4) Privately owned pleasure boats and watercraft, motorized and under eighteen (18)feet used for recreational purposes only shall be taxed at the rate of one dollar ($1.00) on every on hundred dollars ($100.00) of the assessed value thereof. (5) Privately owned pleasure boats and watercraft, non-motorized and under eighteen (18) feet, used for recreational purposes only shall be taxed at the rate of one dollar ($1.00) on every hundred dollars ($100.00) of the assessed value thereof. (6) Boats or watercraft weighing less than five (5) tons, used for business purposes only shall be taxed at the rate of one dollar ($1.00) on every one hundred dollars ($100.00) of the assessed value thereof. (7) Boats or watercraft weighing five (5) tons or more used for business purposes only shall be taxed ast the rate of ninety cents ($0.90) on every one hundred dollars ($100.00) of the assessed value thereof. (8) Commercial fishing vessels and property permanently attached to such vessels shall be taxed at the rate of ninety cents ($0.90) on every one hundred dollars ($100.00) of the assessed value thereof. 2. That Chapter 40, Taxation, of the Code of the City of Newport News, Virginia, Article XII., Tangible Personal Property Taxes, Division 2., Tax Levy and Rates, is hereby amended and reordained by repealing Section 40-220.7, Tax on boats or watercraft five tons or over; levied; amount; and for the calendar year beginning January 1, 1990. 3. That this ordinance shall be in effect on and after January 1, 2018. 2 E. Public Hearings 5. Ordinance Amending City Code, Chapter 40, Taxation; Article I., General Provisions and Exemptions; Division 3, Property Exempted by Designation; Section 40-8.05; to Designate Property Located at 1351 39th Street and Owned by the Newport News Green Foundation, Inc., as Exempt From Taxation ACTION: A REQUEST TO ADOPT AN ORDINANCE AMENDING CITY CODE, CHAPTER 40, TAXATION; ARTICLE I., GENERAL PROVISIONS AND EXEMPTIONS; DIVISION 3, PROPERTY EXEMPTED BY DESIGNATION; SECTION 40- 8.05; PROPERTY OF NEWPORT NEWS GREEN FOUNDATION, INC., TO EXEMPT ITS PROPERTY LOCATED AT 1351 39TH STREET FROM TAXATION. BACKGROUND: Newport News Green Foundation, Inc. is a charitable, tax exempt organization under Section 501(c)(3) of the Internal Revenue Code. The Foundation’s purpose is to promote the creation and preservation of green space throughout the City. The Foundation is seeking a tax exemption for its recent acquisition of property located at 1351 39th Street. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re NNGF Request for Tax Exemption - 1351 39th St Map of 1351 39th Street for NNGF Tax Exemption sdm15791 Amending Sec. 40-8.05, Property of NN Green Foundation, Inc sdm15791 ORDINANCE NO. _______________ AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 40, TAXATION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE I., GENERAL PROVISIONS AND EXEMPTIONS, DIVISION 3., PROPERTY EXEMPTED BY DESIGNATION, SECTION 40- 8.05, PROPERTY OF NEWPORT NEWS GREEN FOUNDATION, INC. BE IT ORDAINED by the Council of the City of Newport News, Virginia: 1. That Chapter 40, Taxation, of the Code of the City of Newport News, Virginia, Article I., General Provisions and Exemptions, Division 3., Property Exempted by Designation, Section 40-8.05, Property of Newport News Green Foundation, Inc., be, and the same hereby is, amended and reordained, as follows: CHAPTER 40 TAXATION ARTICLE I. GENERAL PROVISIONS AND EXEMPTIONS DIVISION 3. PROPERTY EXEMPTED BY DESIGNATION Sec. 40-8.05. Property of Newport News Green Foundation, Inc. (a) That the Newport News Green Foundation, Inc., a non-profit corporation, is designated as an organization that uses its real property for purposes authorized within the context of Section 6(a)(6) of Article X of the Constitution of Virginia. (b) Property located in the City of Newport News at 12740 Patrick Henry Drive, 618 South Avenue, 457 Eastwood Drive, 2903 Marshall Avenue, 3809 Chestnut Avenue, 3715 Chestnut Avenue, 3717 Chestnut Avenue, 10295 Jefferson Avenue, 1 Woodhaven Road, 491 Lee’s Mill Drive, 496 Lee’s Mill Drive, 437 Harpersville Road, 9941 Jefferson Avenue, 551 Aberthaw Avenue, and 12559 Warwick Boulevard and 1351 39th Street, owned by the Newport News Green Foundation, Inc., and used by it exclusively for charitable and benevolent purposes on a non-profit basis as set forth in subsection (a) of this section, is hereby determined to be exempt from property taxation.  2. That this ordinance shall be in effect on and after the date of its adoption, October 24, 2017. 2 F. Consent Agenda 1. Minutes of the Work Session for October 10, 2017 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of Work Session - Oct. 10, 2017 F. Consent Agenda 2. Minutes of the Regular Meeting of October 10, 2017 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of the Regular Mtg - Oct 10 2017 F. Consent Agenda 3. Resolution Supporting an Unmanned Systems Testing and Demonstration Center Proposal as a Regional Economic Development Initiative Through the GO Virginia Program ACTION: A REQUEST TO APPROVE A RESOLUTION EXPRESSING SUPPORT FOR AN UNMANNED SYSTEMS TESTING AND DEMONSTRATION CENTER PROPOSAL AS A REGIONAL ECONOMIC DEVELOPMENT INITIATIVE THROUGH THE GO VIRGINIA PROGRAM. BACKGROUND: The GO Virginia program is a Statewide initiative with the purpose of creating more high-paying jobs through incentivized collaboration between business, education and government to diversify and strengthen the economy in every region of the Commonwealth. The City has been working jointly with other Peninsula localities to complete a GO Virginia application for an Unmanned Systems Testing and Demonstration Center. The project is envisioned to be incrementally developed on approximately 432 acres of surplus Virginia property located in York County, accessible to all Hampton Roads businesses and citizens. This project aligns with the Region 5 Growth and Diversification Plan, which Newport News is a part of, and it identifies unmanned systems and aerospace as a priority, high- growth, high-wage economic cluster in this region. This Resolution, required for the application for GO Virginia funding, outlines and affirms City Council support for this regional, collaborative proposal. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re GO VA Program-Unmanned Systems Testing Proposal sdm15807 Expressing Support for an Unmanned Systems Test and Demonstration Center sdm15807 RESOLUTION NO. ____________________ A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, EXPRESSING SUPPORT FOR AN UNMANNED SYSTEMS TESTING AND DEMONSTRATION CENTER PROPOSAL AS A REGIONAL ECONOMIC DEVELOPMENT INITIATIVE THROUGH THE GO VIRGINIA PROGRAM. WHEREAS, the Hampton Roads Planning District Commission has unanimously endorsed an Unmanned Systems Testing and Demonstration Center proposal as a regional economic development initiative worthy of support through the GO Virginia project evaluation process; and WHEREAS, the proposed project is envisioned to be incrementally developed on approximately 432 acres of surplus Commonwealth of Virginia property located in York County, accessible to all Hampton Roads businesses and citizens involved in the design and development of unmanned systems technology; and WHEREAS, unmanned systems and aerospace development is identified as a priority, high growth, high wage, economic cluster within Southeast Virginia, as outlined in the GO Virginia Region 5 Growth and Diversification Plan; and WHEREAS, the proposal envisions a shared investment by multiple regional localities and a proportional share of project revenues; and WHEREAS, a regional management and governance structure is anticipated that will transparently allow the participation of all willing Hampton Roads local government partners based on parameters to be mutually established. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News, Virginia: 1. That it hereby supports the Unmanned Systems Testing and Demonstration Center proposal as a regional economic development initiative through GO Virginia Funding. 2. That it recognizes the important of the collaborative, regional economic development initiative and the value that the proposed project would have to Hampton Roads businesses and citizens involved in the design and development of unmanned systems technology. 3. That it hereby authorizes and directs the City Manager to undertake the necessary steps and actions to establish the City’s participation in the proposed project, with the understanding that any financial participation by the City is contingent upon the following: A. The project receiving a substantial GO Virginia project grant; B. The establishment of a satisfactory cost-sharing and governing agreement(s) for the project and approval of said agreement(s) by the City Council; and  C. Appropriation of funds by the City Council. 4. That this resolution shall be in effect on and after the date of its adoption, October 24, 2017. G. Other City Council Actions 1. Receipt of Bids for Granting a 15-Foot-Wide Utility Easement Across City-Owned Property Located at 110 Main Street ACTION: A REQUEST TO RECEIVE AND OPEN BIDS FOR GRANTING AN UTILITY EASEMENT ACROSS CITY- OWNED PROPERTY LOCATED AT 110 MAIN STREET FOR THE UPGRADING AND UNDERGROUNDING OF ELECTRIC LINES AND ALL NECESSARY ACCESSORIES AND APPURTENANCES. (After the receipt and opening of the bids, City Council is requested to refer the bids to the City Manager for review and the presentation of a recommendation at Council's November 28, 2017 regular meeting) BACKGROUND: A request has been received to grant a 15-foot-wide utility easement across City-owned property at 110 Main Street. The easement request will enable removal of the Hilton substation and replace the existing overhead circuit to underground. The cable will be installed via horizontal directional drilling and no overhead facilities are to be installed. The required Public Notice was properly advertised in the Daily Press. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re Receipt of Bids-110 Main St Attachment 1: Plat of Hilton Village RoW Attachment 2: Aerial of 110 Main Street sdm15781 Authorizing re Deed of Easement (110 Main St) 15’ Easement Location - 110 Main Street 15’ Easement G. Other City Council Actions 2. Resolution Approving and Adopting the City of Newport News, Virginia Legislative Program for the 2018 Virginia General Assembly ACTION: A REQUEST TO APPROVE A RESOLUTION APPROVING AND ADOPTING THE CITY OF NEWPORT NEWS LEGISLATIVE PACKAGE FOR THE 2018 VIRGINIA GENERAL ASSEMBLY. BACKGROUND: The City prepares a State Legislative Package annually for presentation to the Virginia General Assembly. Council was presented the City's State Legislative Priorities Package for the 2018 Virginia General Assembly at its October 10, 2017 Work Session. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re FY2018 Legislative Package sdm15806 Approving and Adopting the City's Legislative Program for the 2018 VA General Assembly G. Other City Council Actions 3. Motion to Approve the Designation of National League of Cities (NLC) 2017 "City Summit" Voting Delegates ACTION: A REQUEST FOR CITY COUNCIL TO DESIGNATE BY MOTION, THE CITY'S VOTING AND ALTERNATE VOTING DELEGATES FOR THE NATIONAL LEAGUE OF CITIES (NLC) ANNUAL BUSINESS MEETING BEING HELD ON NOVEMBER 18, 2017. BACKGROUND: The 2017 NLC City Summit Conference will be held in Charlotte, North Carolina, November 14-18, 2017. The Annual Business Meeting is scheduled at the conclusion of the conference on Saturday, November 18. As a direct member city, a City representative is entitled to vote at this meeting. A voting delegate and alternate must be officially designated by the City, as NLC bylaws prohibit voting by proxy, and the voting delegate or alternate must be present to cast the City's vote. FISCAL IMPACT: N/A ATTACHMENTS: Description NLC Voting Credentials at City Summit G. Other City Council Actions 4. Resolution Endorsing the Two (2) Recommended Alternatives from the Peninsula Corridor Study for the Implementation of Bus Rapid Transit (BRT) and Formally Requesting the Hampton Roads Transit (HRT) to Initiate an Environmental Review Study for the Options Identified in the Cities of Hampton and Newport News ACTION: A REQUEST TO APPROVE A RESOLUTION ENDORSING THE TWO (2) RECOMMENDED ALTERNATIVES FROM THE PENINSULA CORRIDOR STUDY FOR IMPLEMENTATION OF BUS RAPID TRANSIT (BRT) AND FORMALLY REQUESTING THE HAMPTON ROADS TRANSIT (HRT) TO INITIATE AN ENVIRONMENTAL REVIEW STUDY FOR THE OPTIONS IDENTIFIED IN THE CITIES OF HAMPTON AND NEWPORT NEWS. BACKGROUND: HRT has completed a feasibility study for Bus Rapid Transit (BRT) on the Peninsula. The study produced two preferred routes between Newport News and Hampton along Mercury Boulevard and one in Newport News along Jefferson Avenue. HRT desires to begin the environmental review for the routes to position them for federal funding. In addition to this request for support, HRT has also requested a Resolution of Support from the City of Hampton. FISCAL IMPACT: There is no fiscal impact to the City. The City Manager recommends approval. ATTACHMENTS: Description CM Memo re HRT Request for Support for BRT Alternatives Attachment-Locaton Map-BRT Alternative Endorsement sdm15805 HRT-Peninsula Fixed Guideway Study Preferred Alternatives Peninsula Fixed Guideway Study – Proposed BRT Routes sdm15805 RESOLUTION NO. _______________ A RESOLUTION TO ENDORSE THE TWO RECOMMENDED ALIGNMENTS RESULTING FROM THE PENINSULA CORRIDOR STUDY FOR THE IMPLEMENTATION OF BUS RAPID TRANSIT AND FORMALLY REQUESTING HAMPTON ROADS TRANSIT TO INITIATE AN ENVIRONMENTAL REVIEW STUDY FOR THOSE OPTIONS IDENTIFIED IN THE CITIES OF HAMPTON AND NEWPORT NEWS. WHEREAS, the significant traffic congestion and delays in the cities of Hampton and Newport News impact both cities long-term growth and development potential; and WHEREAS, citizens who live and work in the cities of Hampton and Newport News have stated a desire for more choices in how, when, and where they travel; and WHEREAS, the cities of Hampton and Newport News have adopted plans to guide growth within their cities that include and support high capacity transit; and WHEREAS, the Federal Transit Administration’s Capital Investment Grants program provides an average of 2.3 billion dollars per year in capital assistance to help construct qualifying, competitive high capacity transit projects; and WHEREAS, high capacity transit can provide travel choices, support growth in accordance with city plans, mitigate the increase in traffic congestion, contribute to making the peninsula a desirable place to live and attract new resident, and effectively compete for federal funding; and WHEREAS, the cities of Hampton, Newport News, and Hampton Roads Transit have recently completed a corridor study which examined 18 possible corridors and three (3) possible transit technologies to provide high capacity transit service in Hampton and Newport News; and WHEREAS, the extensive public outreach process during the corridor study process and the detailed technical review of potential alignments identified the Jefferson Avenue (Alternative 3) and Mercury Boulevard (Alternative 6) Bus Rapid Transit (“BRT”) options (“Options”) as best to potentially meet the defined project purpose and need for providing high capacity transit service of the Peninsula; and WHEREAS, additional studies are now needed to further define the Options, including refinement of traffic analysis and runningway, detailed benefits and impacts, and the possibility of connecting the two Options into one alternative; and WHEREAS, State grant funds are already in place to support the next phase of environmental review and analysis as required when there is a potential “federal action” under the National Environmental Policy Act of 1969 for the Peninsula Corridor Study; and WHEREAS, completing this study will position Hampton and Newport News to move more quickly to proceed with the project if sufficient funding is available in the future to complete project construction and associated final environmental impact studies from federal, state and local sources. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News, Virginia: 1. That Hampton Roads Transit is hereby requested to initiate and advance a formal environmental review study under NEPA to evaluate both the Mercury Boulevard and Jefferson Avenue corridors for the possible implementation of Bus Rapid Transit. 2. That this resolution shall be in effect on and after the date of its adoption, October 24, 2017. G. Other City Council Actions 5. Resolution Supporting the Choice Neighborhoods Initiative (CNI) Implementation Grant for the U.S. Department of Housing and Urban Development (HUD) Choice Neighborhood Transformation Plan and Authorizing the City Manager to Submit All Necessary Paperwork in Support of the Grant Application ACTION: A RESOLUTION OF SUPPORT FOR THE CHOICE NEIGHBORHOODS INITIATIVE (CNI) IMPLEMENTATION GRANT FOR THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) CHOICE NEIGHBORHOOD TRANSFORMATION PLAN AND AUTHORIZING THE CITY MANAGER TO SUBMIT ALL NECESSARY PAPERWORK IN SUPPORT OF THE GRANT APPLICATION. BACKGROUND: Choice Neighborhoods is an initiative that leverages public and private investments to replace distressed public and HUD-assisted housing and transforms neighborhoods of concentrated poverty into neighborhoods of opportunity. This Resolution of Support is part of the application for funding that will be used towards implementation of the neighborhood transformation strategies. The target public housing site for this initiative and funding is Ridley Place, which was constructed in 1952 and consists of 256 low-income units. The City, Newport News Redevelopment and Housing Authority (NNRHA), Hampton Roads Community Action Program (HRCAP), and Newport News Public Schools (NNPS) have teamed up to work with the neighborhood to revitalize the area through the planning process and implementation of the Marshall-Ridley Choice Neighborhood Transformation Plan. NNRHA, the lead applicant and grant administrator upon award, must submit the application by November 22, 2017. The City Manager recommends approval.  FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re CNI Resolution of Support sdm15821 Supporting Implementation of HUD CNI Plan sdm15821 RESOLUTION NO. _______________ A RESOLUTION SUPPORTING IMPLEMENTATION OF THE HUD CHOICE NEIGHBORHOOD TRANSFORMATION PLAN AND AUTHORIZING THE CITY MANAGER TO SUBMIT ALL NECESSARY PAPERWORK IN SUPPORT OF THE PLAN. WHEREAS, on September 13, 2016, the Council for the City of Newport News, Virginia, approved and accepted, by resolution, a $500,000 HUD Choice Neighborhood Initiative (CNI) Planning Grant for development of a Transformation Plan for the Marshall-Ridley Choice Neighborhood; and WHEREAS, the CNI process leverages public and private investments and partnerships with a range of community stakeholders to bring together the financial and human resources to support and sustain transformation of the Marshall-Ridley Choice Neighborhood; and WHEREAS, the Marshall-Ridley Choice Neighborhood planning area boundaries are 39th Street to the North, Hampton Roads Harbor to the South, I-664 to the West and Marshall Avenue and the former Chase Bag property to the East; and WHEREAS, per HUD grant requirements, an implementation grant application for implementation of the Transformation Plan is due to be filed by November 22, 2017, and, if awarded, funds will be granted toward the implementation of neighborhood transformation strategies; and WHEREAS, the City is committed to support implementation of the Transformation Plan wherein the responsibilities of the Plan include housing, people, and neighborhood components within the Marshall-Ridley Choice Neighborhood site; and WHEREAS, the Newport News Redevelopment and Housing Authority (NNRHA) will be the lead applicant for the implementation grant and the city of Newport News will be the co- applicant. NOW, THEREFORE, BE IT RESOLVED by the Council for the City of Newport News, Virginia, that it desires to, and hereby does, support implementation of the CNI Transformation Plan and authorizes the City Manager to submit all necessary paperwork in support of the implementation grant application. H. Appropriations ACTION: A REQUEST FOR A MOTION OF CITY COUNCIL TO APPROVE AS A BLOCK THE FOLLOWING APPROPRIATIONS. 1. Waterworks Department – Capital Improvements Plan (CIP): Walker’s Dam Stabilization Project Construction Costs – $442,148.46 H. Appropriations 1. Waterworks Department – Capital Improvements Plan (CIP): Walker’s Dam Stabilization Project Construction Costs – $442,148.46 ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING $442,148.46 FROM THE WATERWORKS DEPARTMENT CAPITAL IMPROVEMENT PLAN (CIP) FOR CONSTRUCTION COSTS ASSOCIATED WITH THE WALKER'S DAM STABILIZATION PROJECT. BACKGROUND: City Council previously appropriated funds in the amount of $15,563,386.94 for this project. As work progressed, numerous challenges were encountered including, but not limited to, weather related natural disasters and environmental regulatory restrictions. The dam is located 22 miles above where the Chickahominy River enters the James River, and is a tidal barrier that minimizes salt water intrusion into the upstream water supply intakes. This project was included in the Waterworks Department Capital Improvement Plan (CIP) previously approved by City Council. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re Walker's Dam Stabilization Project sdm15808 Appropriation re Walker' Dam Stabilization Project sdm15808 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM BOND PROCEEDS REVENUE BONDS TO CONSTRUCTION. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News: That it hereby appropriates funds from Bond Proceeds Revenue Bonds to Construction, as follows: Appropriation From: Bond Proceeds Revenue Bonds 6001-600-41-0000-100140-000000- 0000-00000 $ 442,148.46 Appropriation To: Construction 6001-600-41-4173-579708-417311-0000- 00000-P2508 $ 442,148.46 *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 Scott Vick Woodbury Bateman Cherry Harris Price 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.”