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 MARCH 26, 2019 City Council Chambers 7:00 p.m. A. Call to Order B. Invocation • Pastor Chris Hallaren, Grace Church C. Pledge of Allegiance to the Flag of the United States of America • Boy Scouts of America, Troop 6, Warwick United Methodist Church D. Presentations 1. Proclamation: National Fair Housing Month - April 2019 E. Public Hearings 1. Ordinance Authorizing 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 Energy Virginia for an Easement Across City-Owned Property Located at 100 City Farm Road (Riverview Farm Park) 2. Ordinance Authorizing 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 Energy Virginia for an Easement Across a Portion of City-Owned Property Located at 6940 Huntington Avenue (Huntington Heights Park) 3. Ordinance Authorizing Change of Zoning No. CZ-2019-0001, to Landlovers, LLC, from C1 Retail Commercial to R5 Low Density Multiple- Family Dwelling with Proffers Located at 14307 Old Courthouse Way F. Consent Agenda 1. Minutes of the Special Meeting of March 12, 2019 2. Minutes of the Work Session of March 12, 2019 3. Minutes of the Regular Meeting of March 12, 2019 G. Other City Council Actions 1. Ordinance Authorizing and Directing the City Manager to Execute Any and All Documents, Including Deeds, Necessary to Effectuate the Conveyance of a Portion of City-Owned Property at 610-26th Street to the Economic Development Authority (EDA) of the City of Newport News, Virginia 2. Resolution Authorizing the Formation of the Ashe Manor, LLC by the Newport News Redevelopment and Housing Authority 3. Resolution Authorizing and Directing the City Manager to Execute the Urban Project Construction Agreement By and Between the Commonwealth of Virginia, Department of Transportation (VDOT) and the City of Newport News, Virginia (City) for the Denbigh Boulevard Interchange Justification Review (IJR) 4. Resolution Authorizing and Directing the City Manager to Execute Any and All Documents Necessary to Effectuate the Agreement Between the City of Newport News, Virginia and the Department of the Army for the James River Shoreline Emergency Streambank and Shoreline Protection Feasibility Study 5. Resolution Approving the Issuance by Newport News Redevelopment and Housing Authority (NNRHA) of Its Multi-Family Housing Revenue Bonds for the Acquisition, Construction, Renovation, Rehabilitation and Equipping of the Ivy Farms Apartments Project H. Appropriations 1. None Submitted 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. Jenkins 7. Price  8. Scott 9. Vick 10. Woodbury 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 – Pastor Chris Hallaren, Grace Church C. Pledge of Allegiance to the Flag of the United States of America – Boy Scouts of America, Troop 6, Warwick United Methodist Church D. Presentations E. Public Hearings 1. Ordinance Authorizing 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 Energy Virginia for an Easement Across City-Owned Property Located at 100 City Farm Road (Riverview Farm Park) ACTION: A REQUEST TO ADOPT AN ORDINANCE AUTHORIZING 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 ENERGY VIRGINIA FOR AN EASEMENT ACROSS A PORTION OF CITY-OWNED PROPERTY LOCATED AT 100 CITY FARM ROAD (RIVERVIEW FARM PARK). BACKGROUND: At its Regular March 12, 2019 meeting, City Council received one (1) bid in response to a request to receive bids for a utility easement on a portion of City-owned property at 100 City Farm Road (Riverview Farm Park). The successful bidder was Dominion Energy Virginia, with a bid of $1.00. The easement is needed to provide electricity to three (3) picnic shelters. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description Memo to HCC re 100 City Farm Rd Utility Easement 3.20.19 Riverview_Easement_I sdm16764 Authorizing re Deed of Easement (100 City Farm Rd) E. Public Hearings 2. Ordinance Authorizing 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 Energy Virginia for an Easement Across a Portion of City- Owned Property Located at 6940 Huntington Avenue (Huntington Heights Park) ACTION: A REQUEST TO ADOPT AN ORDINANCE AUTHORIZING 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 ENERGY VIRGINIA FOR AN EASEMENT ACROSS A PORTION OF CITY-OWNED PROPERTY LOCATED AT 6940 HUNTINGTON AVENUE (HUNTINGTON HEIGHTS PARK). BACKGROUND: At its Regular March 12, 2019 meeting, City Council received one (1) bid in response to a request to receive bids for a utility easement on a portion of City-owned property at 6940 Huntington Avenue (Huntington Heights Park). The successful bidder was Dominion Energy Virginia, with a bid of $1.00. The easement is needed to facilitate the relocation of a utility pole that will allow continued service to area residents and the park. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description Memo to HCC re 100 City Farm Rd Utility Easement 3.20.19 HuntingtinHts_Easement_I sdm16758 Authorizing re Deed of Easement (6940 Huntington Ave) E. Public Hearings 3. Ordinance Authorizing Change of Zoning No. CZ-2019-0001, to Landlovers, LLC, from C1 Retail Commercial to R5 Low Density Multiple-Family Dwelling with Proffers Located at 14307 Old Courthouse Way ACTION: A REQUEST TO ADOPT AN ORDINANCE AUTHORIZING CHANGE OF ZONING APPLICATION NO. CZ-2019-0001, TO LANDLOVERS, LLC FOR PROPERTY LOCATED AT 14307 OLD COURTHOUSE WAY, FROM C1 RETAIL COMMERCIAL TO R5 LOW DENSITY MULTIPLE-FAMILY DWELLING WITH PROFFERS. BACKGROUND: The proffered rezoning will allow for the development of ten (10) new for sale residential units. The request is consistent with the One City One Future 2040 Comprehensive Plan land use map designation. On March 6, 2019, the City Planning Commission voted unanimously 8:0 to recommend approval of the request. Vote on Roll Call For: Fox, Mulvaney, Carpenter, Stodghill, Witttkamp, Willis, Groce, Simmons Against: None Abstention: None The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description Memo to HCC re 14307 Old Courthouse Way Zoning Ordinance 3.20.19 Staff Report and CPC Minutes sdm16793 CZ-2019-0001 re The Landlovers, LLC (14307 Old Courthouse Way) F. Consent Agenda 1. Minutes of the Special Meeting of March 12, 2019 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of Special Meeting for March 12, 2019 F. Consent Agenda 2. Minutes of the Work Session of March 12, 2019 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of Work Session for March 12, 2019 F. Consent Agenda 3. Minutes of the Regular Meeting of March 12, 2019 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of Regular Meeting for March 12, 2019 G. Other City Council Actions 1. Ordinance Authorizing and Directing the City Manager to Execute Any and All Documents, Including Deeds, Necessary to Effectuate the Conveyance of a Portion of City-Owned Property at 610-26th Street to the Economic Development Authority (EDA) of the City of Newport News, Virginia 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 PORTION OF CITY-OWNED PROPERTY AT 610-26TH STREET TO THE ECONOMIC DEVELOPMENT AUTHORITY (EDA) OF THE CITY OF NEWPORT NEWS, VIRGINIA. BACKGROUND: To support the implementation of the Transformation Plan for the Marshall-Ridley Choice Neighborhood, the EDA has been progressing on the rehabilitation of the structure located at 2506 Jefferson Avenue to create a co-working space. The current property line lies at the rear of the existing building structure. Through the design process, the architect has identified the need for additional land to meet building code requirements and allow for Americans with Disabilities Act (ADA) ramp access at the rear of the building. To facilitate the building rehabilitation and anticipated activities, inclusion of the required ADA access, and to support redevelopment efforts in the area, a portion of 610- 26th Street is necessary. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description Memo ro HCC re Conveyance of 610 26th St 3.20.19 Attachment 1 Attachment 2 sdm16796 Authorizing Conveyance of Portion of 610 26th St  610 26th Street Portion of 610 26th Street to be Conveyed to EDA 2506 Jefferson Avenue sdm16796 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 ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NEWPORT NEWS, VIRGINIA. WHEREAS, the City Manager has recommended that certain City owned property be conveyed to the Economic Development Authority of the City of Newport News, Virginia (“EDA”); and WHEREAS, the City Council is authorized by Section 5 of the Economic Development Authority’s enabling legislation (1993 Va. Acts ch. 682) to transfer to the Authority such property as it deems necessary and, pursuant to Section 17 thereof, to authorize such transfer without the necessity for notice or public hearing; and WHEREAS, the City Council concurs with this recommendation, finding that it is in the public interest and furthers the purposes of the Authority to make such 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 Economic Development Authority of the City of Newport News, Virginia: ACCOUNT ADDRESS LEGAL DESCRIPTION Pt . 312.0102-04 Pt. of 610 26th Street Easterly 33' of Lot 36, Easterly 47.6' of Lot 37, Easterly 39' of Lot 38, & Lot 39, Block 85 2. That the property shall be conveyed to the Economic Development Authority of the City of Newport News, Virginia, for no consideration. 3. 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. 4. That this ordinance shall be in effect on and after the date of its adoption, March 26, 2019. G. Other City Council Actions 2. Resolution Authorizing the Formation of the Ashe Manor, LLC by the Newport News Redevelopment and Housing Authority ACTION: A REQUEST TO APPROVE A RESOLUTION AUTHORIZING THE FORMATION OF THE ASHE MANOR, LLC BY THE NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTHORITY. BACKGROUND: In 2004, the Ashe Manor elderly complex was placed in service and was owned by the Orcutt Senior Housing L. P. Partnership. Part of the original financing included Low Income Housing Tax Credits, requiring a 15-year affordability compliance period, which has now passed, and the investor partner and special limited partner now wish to withdraw from the partnership. In order to maintain the partnership and continue operating this affordable housing complex, a successor limited partner is required. The Newport News Redevelopment and Housing Authority (NNRHA) wishes to create Ashe Manor, LLC to serve as the new limited partner. NNRHA's Board of Commissioners approved the formation of this entity at its February 19, 2019 Board meeting, and created such to serve to limit any liability specific to the Project and protect other NNRHA assets. To comply with Title 3 of the Code of Virginia, which enumerates the activities of redevelopment and housing authorities, it is necessary that City Council approve the formation of the proposed development entity. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description Memo to HCC re Ashe Manor LLC Entity Formation 3.20.19 Attachment 1 Attachment 2 Abridgement Transmittal rag1677 Authorizing the Formation of the Ashe Mannor LLC by NNRHA rag1677 RESOLUTION NO. ____________________ A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, AUTHORIZING THE FORMATION OF THE ASHE MANOR LLC BY THE NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTHORITY. WHEREAS, the Newport News Redevelopment and Housing Authority (“NNRHA”) developed and operates the Ashe Manor elderly housing complex in the City of Newport News; and WHEREAS, NNRHA utilized the Federal Low Income Housing Tax Credit (“LIHTC”) Program and equity raised from the sale of such credits to complete this development, which was placed in service in 2004 in accordance with LIHTC requirements; and WHEREAS, the required 15 year LIHTC compliance period has been fulfilled and the investing limited partners in the Orcutt Senior Housing L.P. partnership have requested to withdraw from the partnership; and WHEREAS, this action requires that a new limited partner must succeed the withdrawing limited partners to enable the Ashe Manor housing complex to continue to operate; and WHEREAS, the formation of legal entities related to the development and operation of NNRHA housing projects requires approval by the Newport News City Council in accordance with Title 36 of the Code of Virginia; and WHEREAS, on February 19, 2019, the NNRHA Board of Commissioners approved a resolution authorizing the formation of the Ashe Manor LLC and has requested that the Newport News City Council approve such action in accordance with Title 36 of the Code of Virginia; and WHEREAS, as the continued operation of the Ashe Manor elderly housing complex is important to continue to meet the housing needs of lower income elderly families and individuals in the City, the Council finds that it is in the best interest of the City to approve the formation of the aforementioned entity. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News, Virginia: 1. That it hereby approves the formation by NNRHA of the Ashe Manor LLC. 2. That this resolution shall be in effect on and after the date of its adoption, March 26, 2019. G. Other City Council Actions 3. Resolution Authorizing and Directing the City Manager to Execute the Urban Project Construction Agreement By and Between the Commonwealth of Virginia, Department of Transportation (VDOT) and the City of Newport News, Virginia (City) for the Denbigh Boulevard Interchange Justification Review (IJR) ACTION: A REQUEST TO APPROVE A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE URBAN PROJECT CONSTRUCTION AGREEMENT BY AND BETWEEN THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION (VDOT) AND THE CITY OF NEWPORT NEWS, VIRGINIA (CITY) FOR THE DENBIGH BOULEVARD INTERCHANGE JUSTIFICATION REVIEW (IJR). BACKGROUND: VDOT will conduct a review of locations for a new I-64 interchange between Fort Eustis Boulevard and Jefferson Avenue. The report will inform and assist the City, VDOT and the Federal Highway Administration (FHWA) in determining the feasibility and viability of approving and constructing a new interchange. VDOT requires the City to execute a Project Administration Agreement and participate in a 50/50 cost share. FISCAL IMPACT: The City match of $225,000 is available from previously appropriated Streets and Bridges funding. The City Manager recommends approval. ATTACHMENTS: Description Memo to HCC re VDOT - Denbigh Blvd IJR PAA 3.20.19 Attachment-Location Map-PAA PreScoping Denbigh Blvd Interchange-UPC 114752 sdm16791 Authorizing re Urban Project Construction Agreement  S T 143 vd S T105 Bl I - 64/ Fort Eustis Boul evard or Lee Fo Iterch an ge n l rt Eu Tay stis B lvd Ci r Ave vd n es Hi l ton B sh in g W a ve Sh n A e diso Ma a ab CSX Railroad l l rg er Dr - W I64 Rd Rd ds ne l ck ie ch £60 Sh Ri ¤ EI -64 T S 143 W arw I -64/Den bigh Boulevard ick Bee ec ch Prop osed n Iterch an ge Bl mo vd Ca nt k tal Dr in a Rich f Jeferson Ave Rd Dr n § ¨ ¦64 Ol 173 S T dD York County De nb gh igh en bi Bl ou vd dCou rth vd Ol Bl 173 S T vd McMan us Bl seW CSX Railroad W arw ay C Warwick River l p belRd am vd an dBl Bl Lu c vd l Col ickB as C on y R d reek Ea st Rd wo od 60 S T 143 Dr £ ¤ I - 64/ Jef ferson Aven ue Iterch an ge n Men ch vil le Rd l lB in wy kK Pk ic k Box Br l Cr Ki n l ey vd ee Bl vd Oyster P oin t Rd µ CITY OF NEWPORT NEWS, VIRGINIA UPC 1 14752 – Den bigh Boul evard Iterch an ge Justif n ication Rep ort ( IJR) G. Other City Council Actions 4. Resolution Authorizing and Directing the City Manager to Execute Any and All Documents Necessary to Effectuate the Agreement Between the City of Newport News, Virginia and the Department of the Army for the James River Shoreline Emergency Streambank and Shoreline Protection Feasibility Study ACTION: A REQUEST TO APPROVE A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE THE AGREEMENT BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA AND THE DEPARTMENT OF THE ARMY FOR THE JAMES RIVER SHORELINE EMERGENCY STREAMBANK AND SHORELINE PROTECTION FEASIBILITY STUDY. BACKGROUND: The City desires to stabilize the shoreline from 9300 to 9502 River Road. The United States Army Corps of Engineers is willing to participate in the study. The project includes a feasibility study, land acquisition, utility relocation, design and construction. FISCAL IMPACT: The total cost of the feasibility study is $444,679 and includes 50% cost sharing, making the City's portion $222,339.50. The City’s funding portion for the study is available from previously appropriated FY 2018 Stormwater funds. The City Manager recommends approval. ATTACHMENTS: Description Memo to HCC re US Army Corps of Engineers Agreement 3.20.19 Location Map sdm16798 Authorizing re Agreementbetween Dept of Army and City  FR A N RD K L IN AV E TH NO R A CR IG AVE AV E TE R CEN PROJECT LOCATION E AV E RIV TH RR D U SO JA M ES R CI F UN FO RT RI VE R CITY OF NEWPORT NEWS, VIRGINIA µ JAMES RIVER SHORELINE STABILIZATION AT 9300 TO 9502 RIVER ROAD G. Other City Council Actions 5. Resolution Approving the Issuance by Newport News Redevelopment and Housing Authority (NNRHA) of Its Multi-Family Housing Revenue Bonds for the Acquisition, Construction, Renovation, Rehabilitation and Equipping of the Ivy Farms Apartments Project ACTION: A REQUEST TO APPROVE A RESOLUTION APPROVING THE ISSUANCE BY NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTHORITY (NNRHA) OF ITS MULTI- FAMILY HOUSING REVENUE BONDS FOR THE ACQUISITION, CONSTRUCTION, RENOVATION, REHABILITATION AND EQUIPPING OF THE IVY FARMS APARTMENTS MULTI-FAMILY HOUSING FACILITY LOCATED AT 617-621 ADAMS DRIVE AND 698 DRESDEN DRIVE. BACKGROUND: 617 Adams Drive, LLC desires to finance or refinance the acquisition, renovation and equipping of an existing apartment complex, consisting of 168 units, known as Ivy Farms Apartments located at 617-621 Adams Drive and 698 Dresden Drive. In order to assist with the financing of the project, 617 Adams Drive, LLC sought NNRHA's issuance of Multi-Family Housing Revenue Bonds in an amount not to exceed $16,780,000. NNRHA approved a resolution at its February 19, 2019 Board meeting for issuance of the bonds for the benefit of 617 Adams Drive, LLC and the Ivy Farms Apartments Project and held the required public hearing. NNRHA recommends that City Council approve the issuance of the bonds as required by statute and the Internal Revenue Code. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description Memo to HCC re NNRHA Ivy Farms Apts Bond 3.20.19 Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 Attachment 6 sdm16789 Approving the Issuance by NNRHA of Revenue Bonds Ivy Farms Apartments 698 Dresden Drive 617 Adams Drive H. Appropriations ACTION: A REQUEST FOR A MOTION OF CITY COUNCIL TO APPROVE AS A BLOCK THE FOLLOWING APPROPRIATIONS. 1. None Submitted *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 Jenkins Price Scott Vick Woodbury 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.”