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Regular Agenda for July 10, 2007
The agenda for the Regular Meeting of City Council on July 10, 2007
(SHOWN LIVE ON NEWPORT NEWS CITY CHANNEL 48)
AGENDA
Newport News City Council
July 10, 2007
City Council Chambers
7:30 p.m.
1. Invocation - Reverend Sonja Flye-Oliver
Warwick Memorial United Methodist Church
2. Pledge of Allegiance to the Flag of the United States of America
3. Public Hearings
A. Change of Zoning CZ-07-240, Michael Guida, John Guida, Frank Guida, Mathilda Guida, Laura Woodbridge
B. Conditional Use Permit CU-07-227, Petitto Properties, L.L.C.
C. Conditional Use Permit CU-07-228, Petitto Properties, L.L.C.
D. Acquisition of Property – North District Recreation Center
1. Appropriation of Funds
2. Authorization to Acquire
4. Consent Agenda
A. Minutes of Work Session of June 26, 2007
B. Minutes of Special Meeting of June 26, 2007
C. Minutes of Regular Meeting of June 26, 2007
D. Incorporation of Recent State Code Changes into City Code
E. Assignment of Lease for Parcel 8A in the Seafood Industrial Park to Davis Boat Works, Inc.
F. Memorandum of Understanding for the Acceptance of Fire Suppression Equipment from the State of Virginia
G. Herbert H. Neisser Bequest – Hilton Public Library
H. Minutes of (Second) Special Meeting of June 26, 2007
5. CSX Transportation Agreement for Relocation of the Lee Hall Depot
6. Jefferson Avenue Widening Project – Buchanan Drive to Green Grove Lane
A. Appropriation of Funds
B. City/State Agreement
7. Jefferson Avenue/Thimble Shoals Intersection Improvement Project
A. Appropriation of Funds
B. City/State Agreement
8. Warwick Boulevard Widening Project Lighting
9. Appropriations
A. Mobile Data Computers for the Records Management System
B. Fiscal Year 2008 Information Technology Investment Fund
C. Fiscal Year 2008 Debt Service and Cash Capital Reserve
10. Citizen Comments on Matters Germane to the Business of City Council
*11. New Business and Councilmember Comments
City Manager
City Attorney
City Clerk
Haskins
McMillan
Scott
Whitaker
Allen
Bateman
Frank
*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.”
Item 1. Invocation – Reverend Sonja Flye-Oliver, Warwick Memorial United Methodist Church
Item 2. Pledge of Allegiance to the Flag of the United States of America
Item 3. Public Hearings
A. Change of Zoning CZ-07-240, Michael Guida, John Guida, Frank Guida, Mathilda Guida, Laura Woodbridge
ACTION: a request to adopt an ordinance that will change the zoning of a 0.31-acre parcel located at 3 Woodhaven Road, from C1 Retail Commercial to R2 Single-Family Dwelling.
BACKGROUND: The Planning Commission voted 9:0 to recommend to City Council the approval of this rezoning application, and the City Manager concurs with that recommendation.
B. Conditional Use Permit CU-07-227, Petitto Properties, L.L.C.
ACTION: A request to adopt an ordinance that will grant a conditional use permit for the operation of a computer game arcade facility on a 2.05-acre parcel, zoned C1 Retail Commercial, located in Suite F at 711 Brick Kiln Boulevard.
BACKGROUND: The Planning Commission voted 8:1 to recommend to City Council the approval of this conditional use permit application, and the City Manager concurs with that recommendation.
C. Conditional Use Permit CU-07-228, Petitto Properties, L.L.C.
ACTION: a request to adopt an ordinance that will grant a conditional use permit for the operation of a laser tag facility on a 2.05- acre parcel, zoned C1 Retail Commercial, located in Suites a, b and c at 711 Brick Kiln Boulevard.
BACKGROUND: The Planning Commission voted 9:0 to recommend to City Council the approval of this conditional use permit application, and the City Manager concurs with that recommendation.
D. Acquisition of Property – North District Recreation Center
1. Appropriation of Funds
ACTION: A request to adopt a resolution that will appropriate $500,000 from fiscal year 2007 bonds authorized and issued, for the acquisition of two additional properties located at 5212 and 5214 Denbigh Park Drive, for the North District Recreation Center.
BACKGROUND: Funding for the acquisition of properties for this facility is programmed in the City’s current Capital Improvements Plan.
Acquisition of these two additional parcels will provide the optimum parcel configuration for site assembly for the proposed northern recreational facility.
D. Acquisition of Property – North District Recreation Center
2. Authorization to Acquire
ACTION: a request to adopt an ordinance that authorizeS the acquisition, including condemnation if necessary, of properties located at 5212 and 5214 Denbigh Park Drive, for the North District Recreation Center.
BACKGROUND: Parcel 01, located at 5212 Denbigh Park Drive, consists of 0.90 acres and has a market value of $175,000.
Parcel 02, located at 5214 Denbigh Park Drive, consists of 0.43 acres and has a market value of $100,000.
It is anticipated that voluntary sales for these properties will take place, but
condemnation is also being requested, as is normal, in the event it is necessary in
order to complete the land assembly component of this project.
Item 4. Consent Agenda
A. Minutes of Work Session of June 26, 2007
B. Minutes of Special Meeting of June 26, 2007
C. Minutes of Regular Meeting of June 26, 2007
D. Incorporation of Recent State Code Changes into City Code
ACTION: a request to adopt a series of three ordinanceS that will incorporate recent state code changes into the city code that pertain to the reclamation of a towed vehicle; identification of the civil penalty for land-disturbing violations; and, identification of the taxable year for tax relief for owners of mobile homes.
BACKGROUND: These proposed changes were made by the recent General Assembly, and the proposed ordinances will bring the City Code into conformity with State Law.
E. Assignment of Lease for Parcel 8A in the Seafood Industrial Park to Davis Boat Works, Inc.
ACTION: a request to adopt an ordinance approving the assignment of Parcel 8A in the Seafood Industrial Park, from Venture Dynamics Corporation, to Davis Boat Works, Inc.
BACKGROUND: This SIP parcel contains approximately 132,020 square feet, and was assigned to Venture Dynamics Corporation in 2000.
Davis Boat Works, Inc. is one of the largest employers in the Seafood Industrial Park.
F. Memorandum of Understanding for the Acceptance of Fire Suppression Equipment from the State of Virginia
ACTION: a request to adopt a resolution approving the execution of documents necessary to implement a memorandum of understanding between the city and the state of Virginia for the storage, maintenance, and use by the city of A fire suppression foam trailer.
BACKGROUND: The City and six other localities located strategically throughout the State have been selected to receive 500–gallon foam trailers that can be used for local and mutual aid training, as well as local and mutual aid response.
These trailers were purchased by the Virginia Department of Fire Programs with federal funds from a Homeland Security Grant.
The Memorandum of Understanding is an agreement that defines the responsibilities of the State in providing this equipment, training, and its use as necessary.
This unit will be housed in Fire Station 5 in Lee Hall.
G. Herbert H. Neisser Bequest – Hilton Public Library
ACTION: a request to adopt an ordinance which reaffirms that all distributions from the Herbert H. Neisser Trust will be deposited into a separate and restricted City account and only appropriated by City Council for the sole use and benefit of the Hilton Public Library.
BACKGROUND: In 2005, City Council formally acknowledged and accepted this bequest, and at this time, the bulk of that bequest has been received by the City.
This proposed ordinance provides that these Funds, and the interest income derived from them, will be held in an account restricted for the sole use and benefit of the Main Street Library, as conditioned by the bequest.
This proposed ordinance also confirms the City’s acknowledgment of the “Guidelines for the Use of Neisser Bequest,” which have already been approved by the Library Board.
H. Minutes of (Second) Special Meeting of June 26, 2007
Item 5. CSX Transportation Agreement for Relocation of the Lee Hall Depot
ACTION: a request to adopt a resolution that authorizes the execution of a construction agreement with CSX Transportation regarding the relocation of the Lee Hall Depot.
BACKGROUND: The Depot is being donated to the City by CSX, and the City will be reimbursing CSX for its associated project costs, as outlined in this agreement.
These costs include providing temporary timber crossing, temporarily removing and reinstalling crossing signals, flagging services, and construction monitoring.
These costs are estimated to be $155,945, and funding is available from existing appropriations for the project.
It is anticipated that the building’s foundation and site work will begin this fall.
Item 6. Jefferson Avenue Widening Project – Buchanan Drive to Green Grove Lane
A. Appropriation of Funds
ACTION: a request to adopt a resolution that will appropriate $370,582 from fiscal year 2007 bonds authorized and issued, as the City’s share of a Virginia Department of Transportation project to widen Jefferson Avenue, from Buchanan Drive to Green Grove Lane.
BACKGROUND: Funding for the City’s match for this project is in the City’s current Capital Improvements Plan.
The City requested this project from VDOT to widen this section of Jefferson Avenue in 1995.
Subsequently in 1998, the City approved the major design features of this project.
B. City/State Agreement
ACTION: a request to adopt a resolution that authorizes the execution of the customary agreement with the Virginia Department of Transportation, for the construction of the Buchanan Drive to Green Grove Lane portion, of the Jefferson Avenue widening project.
BACKGROUND: This particular project is the next in a series of projects begun years ago at 40th Street, to widen Jefferson Avenue to a six-lane divided highway.
VDOT originally advertised this project approximately 18 months ago, but rejected those bids and re-advertised the project.
A favorable low bid has now been received and VDOT is ready to proceed with construction.
Item 7. Jefferson Avenue/Thimble Shoals Intersection Improvement Project
A. Appropriation of Funds
ACTION: request to adopt a resolution that will appropriate $594,000 from fiscal year 2007 bonds authorized and issued, as the City’s share of a Virginia department of transportation project, for construction of improvements at the Jefferson Avenue and Thimble Shoals Boulevard intersection.
BACKGROUND: Funding for the City’s Match for this project is programmed in the City’s current Capital Improvements Plan.
This VDOT project was previously requested by the City, and was subsequently divided into two separate projects that will be constructed and administrated as a single project.
City Council previously appropriated $496,000 for costs already incurred by the City to expedite project-related property acquisitions and utility relocations.
VDOT has now bid construction and is ready to proceed with construction.
B. City/State Agreement
ACTION: a request to adopt a resolution that authorizes the execution of an agreement with the Virginia Department of Transportation, for the construction of the Jefferson Avenue/Thimble Shoals Intersection Improvement Project.
BACKGROUND: Because of the multiple funding sources used to fund project construction, VDOT divided the project scope into two separate projects that will be constructed and administrated as a single project.
Upon completion of this VDOT project, Thimble Shoals Boulevard, from Jefferson Avenue to Canon Boulevard, will have been reconstructed in accordance with the City’s master plan for City Center.
Item 8. Warwick Boulevard Widening Project Lighting
ACTION: a request to adopt a resolution that supports the installation of ornamental traffic signals and streetlights on Warwick Boulevard from Nutmeg Quarter Place to Nettles Drive at project cost using funding from the City’s virginia department of transportation urban funding allocation.
BACKGROUND: In addition to supporting the funding source for this lighting, the proposed resolution commits the City to pay its customary 2% share of the cost for this lighting.
Should adequate funding not be available in VDOT’s Six-Year Improvement Program, then the needed funding for the lighting would be taken from surplus monies from the Jefferson Avenue or Middle Ground Boulevard projects.
Item 9. Appropriations
ACTION: A REQUEST FOR A MOTION OF CITY COUNCIL TO ADOPT AS A BLOCK THE FOLLOWING APPROPRIATIONS.
A. $1,281,000 from General Fund Reserves, to purchase replacement mobile data computers, for the Police Department to use in conjunction with the new records management system.
B. $1,315,521 from the Fiscal Year 2008 General Fund Operating Budget, designated for the Information Technology Investment Fund, for computer hardware replacement.
C. $7.0 million from General Fund Reserves, for Fiscal Year 2008 General Fund Debt Service and Cash Capital.
A. Mobile Data Computers for the Records Management System
ACTION: A REQUEST TO ADOPT A RESOLUTION THAT WILL APPROPRIATE $1,281,000 from General Fund Reserves, to purchase replacement Mobile Data Computers, for the Police Department to use IN CONJUNCTION with the new Records Management System.
BACKGROUND: As indicated last January when the appropriation was approved for the RMS, this is the additional scheduled appropriation needed for the replacement of the mobile units that will be compatible with the RMS.
The MDC’s are utilized by police officers on the street for receiving dispatches, preparing incident reports, making DMV checks, and accessing information available through the RMS.
These monies from the General Fund Reserves were specifically earmarked for information technology investments and replacements.
B. Fiscal Year 2008 Information Technology Investment Fund
ACTION: a request to adopt a resolution that will appropriate $1,315,521 from the Fiscal Year 2008 General fund operating budget, designated for the information technology investment fund, for computer hardware replacement.
BACKGROUND: Last July, City Council approved the establishment of the Information Technology Investment Fund and the procedures requiring City Council’s approval of IT projects for which the Fund’s monies were to be used.
Contained in this year’s approved operating budget are monies designated for the IT Investment Fund, which is the recommended source of funding for this proposed appropriation.
This appropriation will fund about 123 new desktop and/or laptop computers for departments, along with associated software upgrades as necessary.
In addition, Fiber Network Cable installation is planned that will connect all fire stations to the City’s current fiber network.
C. Fiscal Year 2008 Debt Service and Cash Capital Reserve
ACTION: a request to adopt a resolution that will appropriate $7,000,000 from General Fund Reserves, for Fiscal Year 2008 General Fund Debt Service and Cash Capital.
BACKGROUND: This proposed appropriation is consistent with a provision in the approved operating budget for this year, which was to use $7.0 million in fund balance reserves, to partially offset the combined impact of increased debt service and cash capital spending.
The basis for this appropriation was a suggestion by Moody’s Investor Services, as a means to avoid a large fluctuation in pending debt service payments.
This proposed appropriation consists of $4.0 million for debt service, and $3.0 million for planned cash capital requirements.
Item 10. Citizen Comments on Matters Germane to the Business of City Council
Item 11. New Business and Councilmember Comments
City Manager
City Attorney
City Clerk
Roll Call for New Business
Haskins
McMillan
Scott
Whitaker
Allen
Bateman
Frank
*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.”
