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 JANUARY 22, 2019 City Council Chambers 7:00 p.m. A. Call to Order B. Invocation • Father George Chioros, Saints Constantine and Helen Greek Orthodox Church C. Pledge of Allegiance to the Flag of the United States of America D. Presentations - None E. Public Hearings 1. Ordinance Authorizing and Directing the City Manager to Execute Any and All Documents, Including Deeds, Necessary to Effectuate the Conveyance of a Certain City-Owned Property Located at 619 28th Street to the Newport News Redevelopment and Housing Authority (NNRHA) 2. Ordinance Amending and Reordaining City Code, Appendix B, Subdivision Regulations; Article IV., General Regulations; Section 4-01 (a), Compliance with Regulations; and Repeal Section 4-01.9, Subdivision Review Board (Subdivision Regulations No. SO-2018-0005) F. Consent Agenda 1. Minutes of the Work Session of January 8, 2019 2. Minutes of the Regular Meeting of January 8, 2019 3. Resolution in Memoriam: The Honorable J. Warren Stephens, Jr. 4. Resolution Granting Conditional Approval for ISC Medical Transport, LLC, a Private Emergency Medical Services Agency, to Provide Certain  Transport Services Within the City of Newport News, Virginia 5. Resolution Authorizing and Directing the City Manager to Execute a Lease By and Between the City of Newport News, Virginia and Blue Crab Boulevard Investors, LLC for General Office/Warehouse Space Located at 802 Blue Crab Road G. Other City Council Actions 1. Receipt of Bids for Granting a Utility Easement on a Portion of City-owned Property Located at 690 Turnberry Boulevard 2. Receipt of Bids for Granting a Utility Easement on a Portion of City-owned Property Located at 12601 McManus Boulevard 3. Resolution Authorizing and Directing the City Manager to Execute a Deed of Lease, to Include Parking Rights and Administration Agreement, for Phase Four Parking Garage By and Between the City of Newport News, Virginia and the Economic Development Authority (EDA) for 1.555 Acres of Land Located at 11829 Canon Boulevard 4. Resolution Authorizing the City of Newport News, Virginia to Request that the Virginia Department of Transportation (VDOT) Formally Include Lane Mileage Increases of Identified Streets to the City’s Street Maintenance Inventory 5. Ordinance Amending and Reordaining City Code, Chapter 41, Vehicles for Hire; Article III., Taxicabs; Division 7., Annual Taxicab Inspections; Section 41-121, Annual Inspections Required; Inspection Procedure; Cost of Inspection Sticker H. Appropriations 1. Newport News Public Schools (NNPS) - General Obligation Bond Fund: HVAC Replacement (Jenkins Elementary and Hilton Elementary Schools) and Facility Renovation and Improvement (Lee Hall Elementary School Roof Replacement) - $6,395,578 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. Cherry 9. Harris 10. Jenkins K. Adjourn *THE BUSINESS PORTION OF THE MEETING WILL BE CONCLUDED NO LATER THAN 10:00 P.M. TO ALLOW PERSONS TO ADDRESS CITY COUNCIL UNDER "CITIZEN COMMENTS ON MATTERS GERMANE TO THE BUSINESS OF CITY COUNCIL." A. Call to Order B. Invocation – Rev. George Chioros, Saints Constantine and Helen Greek Orthodox Church C. Pledge of Allegiance to the Flag of the United States of America D. Presentations E. Public Hearings 1. Ordinance Authorizing and Directing the City Manager to Execute Any and All Documents, Including Deeds, Necessary to Effectuate the Conveyance of a Certain City-Owned Property Located at 619 28th Street to the Newport News Redevelopment and Housing Authority (NNRHA) ACTION: A REQUEST TO ADOPT AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS, INCLUDING DEEDS, NECESSARY TO EFFECTUATE THE CONVEYANCE OF A CERTAIN CITY-OWNED PROPERTY LOCATED AT 619 28TH STREET TO THE NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTHORITY (NNRHA). BACKGROUND: Consistent with the City’s ongoing Choice Neighborhood Initiative (CNI) efforts, the City plans to convey this city- owned property to the NNRHA. Once conveyed, NNRHA will combine with other vacant lots to create a parcel large enough to accommodate Phase I of the planned development included in the Marshall-Ridley Choice Neighborhood Transformation Plan. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re 619 28th St Conveyance Ordinance SDM16694 619 28th Conveyance Resolution sdm16694 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 a conveyance. 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 306.0302-51 619 28th Street Lot 28, Block 139 2. That the documents necessary to implement the property conveyance 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. 3. That this ordinance shall be in effect on and after the date of its adoption, January 8, 2019. E. Public Hearings 2. Ordinance Amending and Reordaining City Code, Appendix B, Subdivision Regulations; Article IV., General Regulations; Section 4-01 (a), Compliance with Regulations; and Repeal Section 4-01.9, Subdivision Review Board (Subdivision Regulations No. SO-2018-0005) ACTION: A REQUEST TO ADOPT AN ORDINANCE AMENDING CITY CODE, APPENDIX B, SUBDIVISION REGULATIONS; ARTICLE IV., GENERAL REGULATIONS; SECTION 4-01 (a), COMPLIANCE WITH REGULATIONS; AND REPEAL SECTION 4-01.9, SUBDIVISION REVIEW BOARD (SUBDIVISION REGULATIONS NO. SO-2018-0005). BACKGROUND: This Subdivision Review Board is an administrative body that provides relief to the strict adherence to the subdivision regulations in the creation of a subdivision lot. The Board is not authorized by the Code of Virginia. The amendment will remove the Subdivision Review Board from the Subdivision Regulations. On December 19, 2018, the City Planning Commission voted unanimously 7:0 to recommend adoption of the amendment. Vote on Roll Call: For: Wittkamp, Carpenter, Stodghill, Willis, Groce, Fox, Simmons Against: None Abstention: None The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description Subdivision Regulations No SO-2018-0005 Memo Staff Report and CPC Minutes sdm16689 Amending Appendix B, Sec. 4-01, Compliance with regulations sdm16689 ORDINANCE NO. _______________ AN ORDINANCE TO AMEND AND REORDAIN APPENDIX B, SUBDIVISION REGULATIONS, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE IV., GENERAL REGULATIONS, SECTION 4-01, COMPLIANCE WITH REGULATIONS. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News, Virginia: That Appendix B, Subdivision Regulations, of the Code of the City of Newport News, Virginia, Article IV., General Regulations, Section 4-01, Compliance with regulations, be, and the same hereby is, amended and reordained as follows: APPENDIX B SUBDIVISION REGULATIONS ARTICLE IV. GENERAL REGULATIONS Sec. 4-01. Compliance with regulations. From and after the effective date of this ordinance or amendment thereof, the following provisions shall be effective within the City of Newport News and shall not negate the requirements of the city zoning ordinance [Chapter 45], provided that the subdivision review board may permit a residential subdivision of a parcel not having public street frontage upon the owner producing the evidence and the board making the findings required by section 4.01.9: (a) For every subdivision lot of five (5) acres or more, the following sections and articles of this ordinance shall apply: 1. Section 4-01.8. Court partition. 2. Section 4-01.9. Subdivision review board. 32. Section 4-01.10. Conflict with other ordinances. 43. Section 5-01. General requirements. 54. Section 5-02. Preliminary development plan. 65. Section 5-05. Filing of final plat. 76. Section 5-06. Recordation of final plat.  87. Section 5-07. Appeals. 98. Section 5-08. Filing and recording fees. 109. Article VI. Requirements of Preliminary Development Plans. 1110. Article VII. Requirements of Final Plat. 1211. Section 8-01.1. Lots [Shape]. 1312. Section 8-01.2. Size. 1413. Section 8-01.9. Usable land area. 1514. Section 8-05. Easements. 1615. Section 8-06. Easements along streams. 1716. Section 8-07. Land inadequately drained. 1817. Article XIII. Violations and penalties. 1918. Article XIV. Separability clause. 2019. Article XV. Amendments. 2120. Article XVI. Repeal. (b) For every subdivision lot of five (5) acres or more that has existing public street frontage or would front on a proposed public street, the following sections and articles of this ordinance shall apply: 1. All articles and sections as listed in subsection (a) therein. 2. Article IV. General regulations. 3. Section 8-01.1. Location. 4. Section 8-01.10. Access to major thoroughfares. 5. Section 8-03.7. Private streets. 2  6. Section 8-04. Building setback lines. (c) For every subdivision lot of less than five (5) acres, all sections of the Subdivision Ordinance (hereinafter referred to as "this ordinance") shall apply. (d) For every subdivision lot, irrespective of size, created for the purposes of public streets and/or public improvements, the requirements of this ordinance for such public streets and/or public improvements shall apply. A final plat or legal plat, as determined by the department of planning, shall be required whenever a street to be dedicated to the city is created. (e) For every Neotraditional Overlay District, the following shall apply. 1. All articles and sections as listed in (a) and (b) herein above, but excluding subsections (a)5. and (a)10. 2. All pertinent articles and sections of Chapter 33.02, Site Regulations, of the City Code, as set forth therein. 3. The director shall resolve any conflicts which may exist among city ordinances and regulations associated with development proposals within Neotraditional Overlay Districts. 4-01.1. Plat required. No person shall subdivide land without making and recording a plat of such subdivisions in accordance with the provisions of this ordinance. 4-01.2. Approval before recording. No such plat of any subdivision shall be recorded unless and until it shall have been submitted to and approved by the duly authorized agent of the city council as provided herein. No clerk of any court shall file or record a plat of a subdivision required by this ordinance to be recorded until such plat has been approved as required herein. 4-01.3. Sale of lots in unrecorded subdivision prohibited. No person shall sell or transfer any such land by reference to or exhibition of or by other use of a plat of a subdivision, before such plat has been duly recorded as provided herein, unless such subdivision was lawfully created prior to the adoption of this ordinance, provided nothing herein shall be construed as preventing the recordation of the instrument by which such land is transferred or the passage of title as between the parties to the instrument. 4-01.4. No building permit issued. No building permit shall be issued for any structure or building to be located on any land which has been subdivided or is proposed to be subdivided until a plat of such subdivision has been recorded in accordance with the provisions of this ordinance. 4-01.5. Private contracts. This ordinance bears no relation to any private easement, 3 covenant, agreement or restriction, nor is the responsibility of enforcing such private easement, covenant, agreement or restriction implied herein to any public official. When this ordinance calls for more restrictive standards than are required by private contract, the provisions of this ordinance shall control. 4-01.6. Relation to zoning. When the intended use of all or part of the platted area, as indicated by the preliminary development plan and as shown on that plan, indicates the land to be subdivided would be used in a manner not permitted as a matter of right in the zoning district which exists at the time the final plat is filed with the city, the subdivider shall file at his own expense and as a condition to the approval of the preliminary development plan an application for a change in zoning of the affected area to a classification consistent with the use to be made of the proposed subdivision. 4-01.7. Payments by subdividers and developers for certain off-site sewerage and drainage facilities. Subdividers or developers of land may be required to pay a pro rata share of the cost of providing reasonable and necessary sewerage and drainage facilities, located outside the property limits of the land owned or controlled by them but necessitated or required, at least in part, by the construction or improvement of their subdivision or development. Such payments shall not be required until such time as city council or a department designated by city council shall have established a general sewerage and/or drainage improvement program for an area having related and common sewer or drainage conditions and within which is located the land owned or controlled by the subdivider or developer. (1) Payments shall be required only after establishment of regulations approved by city council which set forth reasonable standards to determine the proportionate share of total estimated cost of ultimate sewerage and drainage facilities required adequately to serve a related and common area, when and if totally developed in accord with the adopted comprehensive plan, that shall be borne by each subdivider or developer within the area. Such share shall be limited to the amount necessary to protect water quality based upon the pollutant loading caused by the subdivision or development or to the proportion of such total estimated cost which the increased sewerage flow, water flow and/or increased volume and velocity of stormwater runoff to be actually caused by his subdivision or development bears to total estimated volume and velocity of such sewerage, water and/or runoff from such area in its totally developed state. In calculating the pollutant loading caused by the subdivision or development or the volume and velocity of stormwater runoff, the city shall take into account the effect of all on-site stormwater facilities or best management practices constructed or required to be constructed by the subdivider or developer and give appropriate credit therefore. (2) The regulations required above shall include a provision that payments received by the city shall be expended only for construction of those facilities for which the payment was required, and until so expended shall be held in an interest-bearing 4  account for the benefit of the developer or subdivider. The regulations may allow, however, for the posting of personal, corporate, or property bond, cash escrow or other method of performance guarantee conditioned on payment at commencement of construction. 4-01.8. Court partition. If the partition of any tract is ordered by a court of competent jurisdiction when a bona fide dispute exists between the parties in interest, none of the requirements of this ordinance shall apply. Partition shall not be sought merely as a means to circumvent the provisions of this ordinance. 4-01.9. Subdivision review board. A review board to be composed of the director of planning, the director of codes compliance, the director of engineering, and the director of public works or their designees, and a member of the planning commission designated by the chairman, shall review petitions from property owners seeking relief from strict compliance with the provisions of this ordinance. The board may exempt the owner from the literal enforcement of the [this] subdivision ordinance if the enforcement will result in an unnecessary hardship. The property owner must show to the board the hardship and that the exemption: (1) Will not be contrary to the public interest; (2) The spirit of the [this] subdivision ordinance will not be offended and that substantial justice will be done; (3) That by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property, the strict application of the terms of the [this] ordinance would effectively prohibit or unreasonably restrict the use of the property or that to except such parcel or division of land from the strict application of the terms of the [this] ordinance will alleviate a clearly demonstrable hardship approaching confiscation as distinguished from special privilege or convenience sought by the applicant. This exception shall not be effective unless the board finds: (1) That the strict application of the terms of the [this] ordinance would produce undue hardship. (2) That to except such parcel from the strict application of the terms of the [this] ordinance will not be of substantial detriment to adjacent property. (3) That the condition or situation of the property concerned or the intended use of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the [this] ordinance. 5  (4) That the board has been petitioned, in writing, for a hearing by the owner of the property. The petition shall be accompanied by a plan for the proposed development of the land; five (5) additional copies of the petition and plan shall accompany the originals. (5) That the property owner entered into an agreement to dedicate to the city any additional rights-of-way for existing or proposed streets and to convey any utility easements required under Article VIII hereof. Further, this exception shall have no force or effect unless a public hearing be held by the board at which persons affected may appear and present their views. The notice that the board intends to consider an exception from the strict compliance with the provisions of the [this] ordinance shall be published once a week for two (2) successive weeks in some newspaper published in or having general circulation in the City of Newport News or other place where the land is located, if it be outside the city, but within the jurisdiction of the city. The notice shall specify the time and place of the hearing and the hearing shall be not less than six (6) days nor more than twenty-one (21) days after the final publication. The notice shall contain a reference to the place or places within the city where copies of the plans showing the proposed development may be examined. The cost to advertise such public hearing shall be paid by the party seeking review by the board three (3) working days prior to the public hearing of the board. In addition to the public notice, it shall be the duty of the petitioner, to notify by registered or certified mail, the owner or owners, their agent or occupant, of all abutting property and property affected. Notice sent by registered or certified mail to the last-known address of such owner as shown on the current real estate tax assessment books shall be deemed adequate compliance with this requirement. The mail receipts must be submitted to the city three (3) working days prior to the hearing. If the board acts favorably upon the petition, the petitioner shall prepare and file a final plat according to the provisions set forth in this ordinance. In no case shall the city manager approve a plat of property which is the subject of a petition to the review board unless and until the review board has acted favorable on such petitionReserved. 4-01.10. Conflict with other ordinances. Whenever regulations contained in this ordinance impose higher restrictions than regulations contained in other municipal ordinances, the regulations of this ordinance shall prevail. 4-01.11. Conflict with Chesapeake Bay Preservation Ordinance. Any provision of Chapter 13.5, Chesapeake Bay Preservation, which is found to be in conflict with any provision of this ordinance shall be controlling and shall supersede said provision of this ordinance to the extent of such conflict. 6  4-01.12. Subdivisions approved by subdivision review board. Any subdivision for which relief from strict compliance with the provisions of this ordinance was granted by the subdivision review board on or before December 31, 19932018, shall be deemed in compliance in all respects with this ordinance. 4-01.13. No ingress and egress over landscaped areas of subdivision entrances. No curb cut, nor other improvement, shall be allowed for ingress and egress over landscaped areas of the entrances to subdivisions, which either now exist or are to be dedicated and created in the future, where these landscaped areas are specifically designed or used for aesthetic enhancements to the public rights-of-way and for future expansion of the paved portion of the streets they abut. 7 F. Consent Agenda 1. Minutes of the Work Session of January 8, 2019 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of the Work Session 1.8.19 F. Consent Agenda 2. Minutes of the Regular Meeting of January 8, 2019 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of the Regular Meeting of January 8, 2019 F. Consent Agenda 3. Resolution in Memoriam: The Honorable J. Warren Stephens, Jr. ACTION: A REQUEST TO APPROVE A RESOLUTION IN MEMORIAM FOR THE HONORABLE J. WARREN STEPHENS, JR. BACKGROUND: The Honorable J. Warren Stephens, Jr. was born on February 14, 1924, in Newport News, Virginia and was educated in Newport News' public schools. Judge Stephens served in the U.S. Army field artillery during World War II, before attending Virginia Military Institute in Lexington, Virginia. He went on to receive his undergraduate and law degrees from the University of Virginia in Charlottesville, Virginia. Judge Stephens began his legal career practicing with the local firm of Montague, Ferguson and Holt. He practiced at the law firm of Stephens and Wendward prior to going on the bench. Judge Stephens was appointed to the Newport News Circuit Court, serving as a Judge until his retirement in 1994. Following his retirement, Judge Stephens continued to serve as a substitute judge and also as a mediator and arbitrator for the McCammon Group. Judge Stephens participated in numerous professional and community organizations, including membership in the American Bar Association and the Virginia Bar Association. Judge Stephens was a member of St. Andrew's Episcopal Church where he served as a lay reader, on the vestry, and as a senior warden in addition to serving as a former chancellor of the Episcopal Diocese of Southern Virginia. This Resolution in Memoriam recognizes all that the Honorable J. Warren Stephens, Jr. has done to serve the City of Newport News and for his many contributions to the quality of life of this community.  The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description sdm16712 Memoriam re The Honorable J. Warren Stephens, Jr. (Judge) sdm16712 RESOLUTION NO. ______________ RESOLUTION IN MEMORIAM THE HONORABLE J. WARREN STEPHENS, JR. WHEREAS, the Council of the City of Newport News, Virginia, records with deep and profound sadness the death of the Honorable J. Warren Stephens, Jr.; and WHEREAS, J. Warren Stephens, Jr. was born on February 14, 1924, in Newport News, Virginia and was educated in the public school system, graduating from Newport News High School. He attended Virginia Military Institute and served in the U.S. Army field artillery during World War II. He went on to receive his undergraduate and law degrees from the University of Virginia; and WHEREAS, following his graduation from law school, J. Warren Stephens, Jr. began his legal career practicing with the local firm of Montague, Ferguson and Holt. He practiced at the law firm of Stephens and Wendward prior to going on the bench; and WHEREAS, in 1977, J. Warren Stephens was appointed to the Newport News Circuit Court, serving as a Judge until his retirement in 1994. Following his retirement, J. Warren Stephens, Jr. continued to serve as a substitute judge and also as a mediator and arbitrator for the McCammon Group; and WHEREAS, J. Warren Stephens, Jr. has participated in numerous professional and community organizations including membership in the American Bar Association and the Virginia Bar Association. He served as president of the Newport News Bar Association, Chairman of the Board of the Peninsula Symphony Orchestra, Chairman of the American Red Cross Home Service Committee, Chairman of the Whitaker Hospital Study Commission, President of the Volunteer Service Bureau, President of the Lower Peninsula Mental Health Clinic, Chairman of the Virginia Bar Association’s First District Committee, President of the I’Anson-Hoffman American Inns of Court chapter, member of the Board of Visitors at St. Paul’s College in Lawrenceville, Virginia, and Campaign Chairman of the United Way of the Virginia Peninsula; and WHEREAS, J. Warren Stephens, Jr. was a member of St. Andrew’s Episcopal Church where he served as a lay reader, on the vestry, and as a senior warden. J. Warren Stephens, Jr., was a former chancellor of the Episcopal Diocese of Southern Virginia; and WHEREAS, J. Warren Stephens, Jr. is survived by his loving wife, Mary Montague; son Peter Warren Stephens (and his wife Victoria); daughter Mary Graham (Molly) Anderson (and her husband Arthur); son Edwin Ford Stephens (and his wife Beth); and grandchildren Mary Montague Anderson (Montie), Eric Conrad Anderson, Lucy Catlett Anderson, Bethany Jean Stephens, James Warren Stephens II, Charles Warren Stephens, David Graham Stephens, and Ann Bedford Stephens (Annie); and  WHEREAS, the product of his professional and community activities touched the lives of many, and the death of the Honorable J. Warren Stephens, Jr. creates a void in this community which this Council wishes to recognize. NOW THEREFORE, BE IT RESOLVED, by the Council of the City of Newport News, Virginia: 1. That it hereby recognizes all that the Honorable J. Warren Stephens, Jr. has done to serve the City of Newport News and for his many contributions to the quality of life of this community. 2. That it is ordered that the City Clerk shall record this resolution in the minutes of this body and that a copy be presented to the family of the late Honorable J. Warren Stephens, Jr. 3. That this resolution shall be in effect on and after the date of its adoption, January 22, 2019. F. Consent Agenda 4. Resolution Granting Conditional Approval for ISC Medical Transport, LLC, a Private Emergency Medical Services Agency, to Provide Certain Transport Services Within the City of Newport News, Virginia ACTION: A REQUEST TO APPROVE A RESOLUTION GRANTING CONDITIONAL APPROVAL FOR ISC MEDICAL TRANSPORT, LLC, A PRIVATE EMERGENCY MEDICAL SERVICES AGENCY, TO PROVIDE CERTAIN TRANSPORT SERVICES WITHIN THE CITY OF NEWPORT NEWS, VIRGINIA. BACKGROUND: The City has received a request from ISC Medical Transport, LLC to allow it to provide non-emergency medical transport services in the City of Newport News. Pursuant to the Code of Virginia, Section 15.2-955, and 12VAC 5-31-420, the Virginia Department of Health requires applicants for Emergency Medical Services (EMS) licensure to obtain a resolution from the governing body of each locality where the services will be provided. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description ISC Medical Transport Agreement Memo ISC Medical Transport Agreement sdm16679 Granting Approval for ISC Medical Transport LLC to Provide Transport Services in City sdm16679 RESOLUTION NO. ___________________ A RESOLUTION GRANTING CONDITIONAL APPROVAL FOR ISC MEDICAL TRANSPORT, LLC, A PRIVATE EMERGENCY MEDICAL SERVICES AGENCY, TO PROVIDE CERTAIN TRANSPORT SERVICES WITHIN THE CITY OF NEWPORT NEWS. WHEREAS, ISC Medical Transport, LLC (hereinafter “ISC”), a Virginia limited liability company, desires a state license to provide certain medical transport services in the City of Newport News, Virginia; and WHEREAS, Virginia Administrative Code regulation 12 VAC 5-31-420 requires that any applicant for licensure by the Virginia Office of Emergency Medical Services submit with its application an ordinance or resolution confirming the approval of the governing body of each locality where the agency maintains an office or stations an EMS vehicle for response; and WHEREAS, ISC has requested, and the City desires to provide said local approval. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News, Virginia: 1. That ISC is hereby granted approval to provide certain medical transport services within the City of Newport News, Virginia and to obtain agency license approval from the Virginia Office of Emergency Medical Services. The following requirements shall apply when ISC is providing services within the City of Newport News: a. ISC will obtain agency license approval from the Virginia Office of Emergency Medical Services prior to providing any medical transport services within the jurisdictional boundaries of the City of Newport News, and will remain in compliance with all applicable operational and inspection requirements while providing such services. b. ISC is not an agent or representative of the City of Newport News, Virginia, and shall limit its transport services to non-emergency and inter-facility transports. c. ISC may not attempt to provide service to, nor shall it respond to, emergency situations (commonly known as “911 Calls”) unless requested by an authorized official of the Newport News Fire Department, or through a written agreement with the City. d. ISC shall timely pay all federal, state and local taxes, shall obey all applicable federal, state and local laws and regulations, and shall keep its transport vehicles and medical equipment in a safe, neat, well-maintained and sanitary condition.  2. That this resolution shall be in effect on and after the date of its adoption, January 22, 2019. F. Consent Agenda 5. Resolution Authorizing and Directing the City Manager to Execute a Lease By and Between the City of Newport News, Virginia and Blue Crab Boulevard Investors, LLC for General Office/Warehouse Space Located at 802 Blue Crab Road ACTION: A REQUEST TO APPROVE A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO EXECUTE A LEASE BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA AND BLUE CRAB BOULEVARD INVESTORS, LLC FOR THE GENERAL OFFICE/WAREHOUSE SPACE LOCATED AT 802 BLUE CRAB ROAD. BACKGROUND: Parks, Recreation and Tourism requires climate controlled storage space for a variety of equipment and supplies associated with annual events, festivals and related activities. Additional storage space is currently needed to accommodate new holiday equipment, as well as other supplies previously stored in contracted storage spaces at other locations. The lease, located at City Center, is for approximately 2,000 square feet of storage space. The centralized location of the storage space will be convenient not only for access to holiday events at City Center, but throughout other areas of the City. FISCAL IMPACT: The Lease Term will be a five year period from February 1, 2019 through January 31, 2024. Funding for this storage space will come from the Special Events annual operating budget. The City Manager recommends approval. ATTACHMENTS: Description Blue Crab Investors, LLC Lease Agreement Memo Reso Auth Lease btwn Blue Crab & City - PRT Tree G. Other City Council Actions 1. Receipt of Bids for Granting a Utility Easement on a Portion of City-owned Property Located at 690 Turnberry Boulevard ACTION: A REQUEST TO CITY COUNCIL TO RECEIVE AND OPEN BIDS FOR GRANTING A UTILITY EASEMENT ON A PORTION OF CITY-OWNED PROPERTY LOCATED AT 690 TURNBERRY BOULEVARD FOR THE INSTALLATION OF UNDERGROUND ELECTRICAL CIRCUITS TO FACILITATE CONSTRUCTION OF A NEW SERVICE CENTER FOR OPERATIONS AND TRANSPORTATION (SCOT) FACILITIES. (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 February 12, 2019 regular meeting). BACKGROUND: A request has been received to grant a utility easement on a portion of City-owned property located at 690 Turnberry Boulevard. The easement request will enable installation of underground electrical circuits. The cable will be installed in underground conduit via trenching and horizontal directional drilling and no overhead facilities will be installed. The required Public Notice was properly advertised in the Daily Press. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description Receipt of Bids - 690 Turnberry & 12601 McManus Blvd Memo Attchmnt 1 - Plat 690 Turnberry Attachment 3 - Aerial depiction of proposed Utility Easement sdm16687 Authorizing re Deed of Easement - 690 Turnberry Blvd  Proposed Utility Easement Over City-Owned Parcels Located at 690 Turnberry Boulevard and 12601 McManus Boulevavard 12601 McManus Boulevard Approximate location of proposed easement 690 Turnberry Boulevard G. Other City Council Actions 2. Receipt of Bids for Granting a Utility Easement on a Portion of City-owned Property Located at 12601 McManus Boulevard ACTION: A REQUEST TO CITY COUNCIL TO RECEIVE AND OPEN BIDS FOR GRANTING A UTILITY EASEMENT ON A PORTION OF CITY-OWNED PROPERTY LOCATED AT 12601 MCMANUS BOULEVARD FOR THE INSTALLATION OF UNDERGROUND ELECTRICAL CIRCUITS TO FACILITATE CONSTRUCTION OF NEW SERVICE CENTER FOR OPERATIONS AND TRANSPORTATION (SCOT) FACILITIES. (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 February 12, 2019 regular meeting). BACKGROUND: A request has been received to grant a utility easement on a portion of City-owned property located at 12601 McManus Boulevard. The easement request will enable installation of underground electrical circuits. The cable will be installed in underground conduit via trenching and horizontal directional drilling and no overhead facilities will be installed. The required Public Notice was properly advertised in the Daily Press. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description Receipt of Bids - 690 Turnberry & 12601 McManus Blvd Memo Attachment 2 - Plat 12601 McManus Blvd sdm16683 Authorizing re Deed of Easement - 12601 McManus Blvd G. Other City Council Actions 3. Resolution Authorizing and Directing the City Manager to Execute a Deed of Lease, to Include Parking Rights and Administration Agreement, for Phase Four Parking Garage By and Between the City of Newport News, Virginia and the Economic Development Authority (EDA) for 1.555 Acres of Land Located at 11829 Canon Boulevard ACTION: A REQUEST TO CITY COUNCIL AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A DEED OF LEASE, TO INCLUDE PARKING RIGHTS AND ADMINISTRATION AGREEMENT, FOR PHASE FOUR PARKING GARAGE, BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA (CITY) AND THE ECONOMIC DEVELOPMENT AUTHORITY (EDA) FOR 1.555 ACRES OF LAND LOCATED AT 11829 CANON BOULEVARD. BACKGROUND: In order to facilitate construction of the City-owned Phase Four Parking Garage on EDA-owned property, the City and the EDA need to enter into a lease agreement. The Phase Four Parking Garage is consistent with the original City Center Master Plan and is in support of ongoing expansion at City Center. The proposed lease will include a Parking Rights and Administration Agreement as an addendum, which will provide the EDA with the ability to construct, operate and manage the new parking garage, on behalf of the City. The Phase Four Parking Garage will be part of the existing shared parking system at City Center. The City Manager recommends approval. FISCAL IMPACT: TBD ATTACHMENTS: Description Parking Garage Lease Agreement Memo Reso Auth Lease & Agmt G. Other City Council Actions 4. Resolution Authorizing the City of Newport News, Virginia to Request that the Virginia Department of Transportation (VDOT) Formally Include Lane Mileage Increases of Identified Streets to the City’s Street Maintenance Inventory ACTION: A REQUEST TO APPROVE A RESOLUTION AUTHORIZING THE CITY OF NEWPORT NEWS TO REQUEST THAT THE VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) FORMALLY INCLUDE LANE MILEAGE INCREASES OF IDENTIFIED STREETS TO THE CITY’S STREET MAINTENANCE INVENTORY. BACKGROUND: The City’s street maintenance inventory is reported to VDOT for State payment to the locality for maintenance purposes and requires a resolution of Council. The streets have been constructed to the standards required by the State and are eligible for State maintenance funds. This resolution will comply with VDOT’s requirement and will formally add the lane mileage additions. FISCAL IMPACT: The net change requested will increase the revenue by $16,555. The City Manager recommends approval. ATTACHMENTS: Description Resolution Adding Lane Mileage for VDOT Memo rag1551 Requesting that VDOT Include Streets for Maintenance Payment Purposes rag1551 RESOLUTION NO. ____________________ A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, REQUESTING THAT THE VIRGINIA DEPARTMENT OF TRANSPORTATION INCLUDE FOR MAINTENANCE PAYMENT PURPOSES THOSE STREETS LISTED HEREIN. WHEREAS, the Virginia Department of Transportation requires a resolution of the Council in order to add and delete streets to the City’s inventory for street maintenance payment purposes; and WHEREAS, the City Manager has reported to the Council that the streets listed herein have been constructed to the standards required by the State and that the streets are, therefore, eligible for state maintenance funds. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News, Virginia: 1. That the Virginia Department of Transportation is hereby requested to include the streets listed below within those eligible to receive annual maintenance payments: NAME FROM TO LANE MILES Steffi Place Barclay Road Cul-de-sac .42 Hawser Bend Cul-de-sac Cul-de-sac .30 Ship Haven Drive Hawser Bend Cul-de-sac .42 Musk Turtle Court Newman Drive Cul-de-sac .16 2. That the streets listed herein to be added meet the construction standards required by the Virginia Department of Transportation. 3. That this resolution shall be in effect on and after the date of its adoption, January 22, 2019. G. Other City Council Actions 5. Ordinance Amending and Reordaining City Code, Chapter 41, Vehicles for Hire; Article III., Taxicabs; Division 7., Annual Taxicab Inspections; Section 41-121, Annual Inspections Required; Inspection Procedure; Cost of Inspection Sticker ACTION: A REQUEST TO CITY COUNCIL TO ADOPT AN ORDINANCE TO AMEND AND REORDAIN CITY CODE, CHAPTER 41, VEHICLES FOR HIRE; ARTICLE III., TAXICABS; DIVISION 7., ANNUAL TAXICAB INSPECTION; SECTION 41-121, ANNUAL INSPECTIONS REQUIRED; INSPECTION PROCEDURE; COST OF INSPECTION STICKER. BACKGROUND: The Taxicab Advisory Board (Board) was established on March 11, 2008 to review taxicab regulations. The ten (10) model years old age restriction was adopted by City Council on March 13, 2012 in a concerted effort to improve the condition, appearance, and cleanliness of taxicabs and went into effect on May 1, 2012. Based on NNPD 2019 Annual Inspection Calendar, 109 taxicabs will be more than 10 years old at the time of annual inspection, which is a separate concern from the safety of the vehicle. The cleanliness and condition of the exterior and interior of the vehicle is checked during the annual inspection process. At a special meeting on November 7, 2018, the Board voted 2-1 to recommend changes in the age limit of taxicabs at the date of annual taxicab inspection. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description Taxicab Ordinace Amendment H. Appropriations ACTION: A REQUEST FOR A MOTION OF CITY COUNCIL TO APPROVE AS A BLOCK THE FOLLOWING APPROPRIATIONS. 1. Newport News Public Schools (NNPS) – General Obligation Bond Fund: HVAC Replacement (Jenkins Elementary and Hilton Elementary Schools) and Facility Renovation and Improvement (Lee Hall Elementary School Roof Replacement) - $6,395,578 H. Appropriations 1. Newport News Public Schools (NNPS) - General Obligation Bond Fund: HVAC Replacement (Jenkins Elementary and Hilton Elementary Schools) and Facility Renovation and Improvement (Lee Hall Elementary School Roof Replacement) - $6,395,578 ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING $6,395,578 FROM THE GENERAL OBLIGATION BOND FUND TO NEWPORT NEWS PUBLIC SCHOOLS (NNPS) FOR HVAC REPLACEMENTS AT JENKINS ELEMENTARY AND HILTON ELEMENTARY SCHOOLS AND FOR FACILITY RENOVATION AND IMPROVEMENT FOR A ROOF REPLACEMENT AT LEE HALL ELEMENTARY SCHOOL. BACKGROUND: This appropriation will allow the Schools Division to proceed with projects related to the adopted FY 2019 Capital Improvement Plan using the unappropriated balance of the FY 2018 Bond Authorization. FISCAL IMPACT: N/A ATTACHMENTS: Description Memo to HCC re NNPS FY 2019 Capital Projects 1.16.19 Appropriation NNPS FY 2019 CIP Projects rag1558 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM BONDS AUTHORIZED AND UNISSUED TO HVAC REPLACEMENTS- JENKINS AND HILTON AND FACILITY RENOVATION AND IMPROVEMENT. 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 HVAC Replacements - Jenkins and Hilton and Facility Renovation and Improvement, as follows: Appropriation From: Bonds Authorized and Unissued 4104-000-70-7000-579000-000000- 2018-00000-00000 $ 6,395,578.00 Appropriation To: HVAC Replacements - Jenkins and Hilton 4104-650-70-700H-579519-000000- 2018-00000-H4002 $ 5,483,363.00 Facility Renovation and Improvement 4104-650-70-700H-579401-000000- 2018-00000-H4003 $ 912,215.00 *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 Price Scott Vick Woodbury Cherry Harris Jenkins 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.”