(SHOWN LIVE ON NEWPORT NEWS CITY CHANNEL 48)

AGENDA

Newport News City Council

June 26, 2007

City Council Chambers

7:00 p.m.

Presentations – Commission on Youth Asset Builders Award (2)

7:30 p.m.

1. Invocation - Reverend Isabel Steilberg - St. Paul Episcopal Church

2. Pledge of Allegiance to the Flag of the United States of America

3. Public Hearings

A. Conditional Use Permit CU-07-222, First Community Church

B. Conditional Use Permit CU-07-224, Lucas Creek Associates

C. Conditional Use Permit CU-07-225, David R. Flynn, Contract Purchaser for Stephen J. Williams

D. Conditional Use Permit CU-07-223, Auto Properties Hall Ford, LLC

E. Subdivision Ordinance Amendment SO-07-13, City of Newport News

F. Rights-of-Way Acquisition – Richneck Road Improvements Project

4. Consent Agenda

A. Minutes of Work Session of June 12, 2007

B. Minutes of Special Meeting of June 12, 2007

C. Minutes of Regular Meeting of June 12, 2007

D. HOME Program Loan for Great Oak Apartments Renovation Project

E. Social Services Department Name Change

F. Amendment to Peninsula Health Center Lease

                           G. Incorporation of Recent State Code Changes into City Code

5. Adult Detention Facility Expansion Project

                            A. Appropriation of Funds

                            B. Award of Bid

6. Employee Leave Program Revisions

7. Authorization of Loan by Hampton-Newport News Community Services Board for Completion of the Central Campus

8. Sheriff Department’s Fiscal Year 2008 Classification and Pay Plan

9. Walkers Dam Emergency Repair Project

10. Warwick Boulevard Multi-Purpose Trail Project

                            A. Appropriation of Funds

                            B. VDOT Programming Resolution

11. Appropriations

A. Partial Funding for the Acquisition of 809 Omni Boulevard

B. Additional Sanitary Sewer Repairs for Phase II of the Warwick Boulevard Widening Project

C. Enterprise Resource Planning (ERP) Software System

D. Private Donations for the Court Appointed Special Advocate Program

12. Citizen Comments on Matters Germane to the Business of City Council

*13. New Business and Councilmember Comments

City Manager

City Attorney

City Clerk

Frank

Haskins

McMillan

Scott

Whitaker

Allen

Bateman

*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 Isabel Steilberg

St. Paul Episcopal Church

Item 2. Pledge of Allegiance to the Flag of the United States of America

Item 3. Public Hearings

A. Conditional Use Permit CU-07-222, First Community Church

ACTION: A REQUEST TO ADOPT AN ORDINANCE THAT WILL GRANT A CONDITIONAL USE PERMIT FOR THE OPERATION OF AN ADULT CARE CENTER ON A 1.12-ACRE PARCEL ZONED C2 GENERAL COMMERCIAL LOCATED AT 6034 JEFFERSON AVENUE.

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 the recommendation.

Item 3. Continued

Item 3. Public Hearings Continued

B. Conditional Use Permit CU-07-224, Lucas Creek Associates

ACTION: A REQUEST TO ADOPT AN ORDINANCE THAT WILL GRANT A CONDITIONAL USE PERMIT FOR THE

OFF-PREMISE SALE OF ALCOHOL IN AN ESTABLISHMENT OF LESS THAN 1600 SQUARE FEET ON A 0.63-ACRE PARCEL ZONED C1 RETAIL COMMERCIAL LOCATED AT 13670 WARWICK 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.

Item 3. Continued

Item 3. Public Hearings Continued

C. Conditional Use Permit CU-07-225, David R. Flynn, Contract Purchaser for Stephen J. Williams

ACTION: A REQUEST TO ADOPT AN ORDINANCE THAT WILL GRANT A CONDITIONAL USE PERMIT FOR A LODGE (VETERANS OF FOREIGN WARS) ON A 0.69-ACRE PARCEL ZONED R7 MULTIPLE FAMILY DWELLING LOCATED AT 21 FORREST DRIVE.

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.

Item 3. Continued

Item 3. Public Hearings Continued

D. Conditional Use Permit CU-07-223, Auto Properties Hall Ford, LLC

ACTION: A REQUEST TO ADOPT AN ORDINANCE THAT WILL GRANT A CONDITIONAL USE PERMIT FOR THE OPERATION OF A NEW AND USED AUTOMOBILE DEALERSHIP ON A 0.07-ACRE PARCEL ZONED C2 GENERAL COMMERCIAL LOCATED AT 12896 JEFFERSON AVENUE.

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.

Item 3. Continued

Item 3. Public Hearings Continued

E. Subdivision Ordinance Amendment SO-07-13, City of Newport News

ACTION: A REQUEST TO ADOPT AN ORDINANCE THAT WILL AMEND THE CITY’S SUBDIVISION ORDINANCE TEXT TO REQUIRE THE CITY’S DIRECTOR OF ENGINEERING TO SUBMIT PRELIMINARY DEVELOPMENT PLANS TO APPROPRIATE STATE AGENCIES HAVING REVIEW AND APPROVAL AUTHORITY WITHIN TEN BUSINESS DAYS OF RECEIPT OF SUCH PLANS.

BACKGROUND: ! The Planning Commission voted 9:0 to recommend to City Council the approval of this Subdivision Ordinance Amendment.

Item 3. Continued

Item 3. Public Hearings Continued

F. Rights-of-Way Acquisition – Richneck Road Improvements Project

ACTION: A REQUEST TO ADOPT AN ORDINANCE THAT AUTHORIZES THE ACQUISITION, INCLUDING CONDEMNATION IF NECESSARY, OF THE

RIGHTS-OF-WAY NEEDED FOR PHASE I OF THE RICHNECK ROAD IMPROVEMENT PROJECT.

BACKGROUND: ! The authorization involves sixteen parcels needed for rights-of-way and one easement to accommodate the construction of this phase of the project which will begin next spring.

! Phase I extends from Jefferson Avenue to Shields Roads and consists of widening the street along with curb and gutter and a sidewalk on one side.

! The project also realigns the street with smooth curves, and eliminates the existing roadside ditches.

! The funding needed for these acquisitions is available from previously approved appropriations.

Item 4. Consent Agenda

A. Minutes of Work Session of June 12, 2007

Item 4. Continued

Item 4. Consent Agenda Continued

B. Minutes of Special Meeting of June 12, 2007

Item 4. Continued

Item 4. Consent Agenda Continued

C. Minutes of Regular Meeting of June 12, 2007

Item 4. Continued

Item 4. Consent Agenda Continued

D. HOME Program Loan for Great Oak Apartments Renovation Project

ACTION: A REQUEST TO ADOPT A RESOLUTION AUTHORIZING A LOAN OF $400,000 FROM THE CITY’S FEDERAL HOME PROGRAM AS A LOCAL MATCH TO LEVERAGE PRIVATE FINANCING FOR THE GREAT OAK APARTMENTS RENOVATION PROJECT.

BACKGROUND: ! Newport News Redevelopment & Housing Authority controls 100% of the management in the entity that owns this apartment complex and will continue to serve as the owner-operator.

! The source of the proposed local match is the HOME program, from which the City’s receives an annual allocation through the U.S. Department of Housing and Urban Development.

! This renovation project involves extensive improvements focusing on accessibility and sustainability.

! The approval of this HOME loan to Great Oaks Apartments, LLC will ensure that the planned renovation project is viable and maintain the apartment complex as a resource for lower income elderly residents.

Item 4. Continued

Item 4. Consent Agenda Continued

E. Social Services Department Name Change

ACTION: A REQUEST TO ADOPT AN ORDINANCE THAT WILL AMEND THE CITY CODE TO CHANGE THE NAME OF THE DEPARTMENT OF SOCIAL SERVICES TO THE DEPARTMENT OF HUMAN SERVICES.

BACKGROUND: ! This proposed departmental name change reflects the new management concept of integrating human services under single management.

! Those human services agencies involved represent a cross section including Social Services, Healthy Families, the Comprehensive Services Act Office, and the Virginia Cooperative Extension Office.

! The integration of theses services will establish a seamless array of human services that will better service the needs of citizens in a comprehensive manner.

! The name “Human Services” reflects the complexities of the families served and the need to have a well-coordinated human services system to meet changing needs in the most efficient and effective manner possible.

Item 4. Continued

Item 4. Consent Agenda Continued

F. Amendment to Peninsula Health Center Lease

ACTION: A REQUEST TO ADOPT A RESOLUTION THAT AUTHORIZES AN AMENDMENT TO RENEW THE LEASE OF THE PENINSULA HEALTH CENTER TO THE COMMONWEALTH OF VIRGINIA, AND THE EXECUTION OF ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE THIS TRANSACTION.

BACKGROUND: ! The Peninsula Health center building and associated property is located at 416 J. Clyde Morris Boulevard, and the current lease to the Commonwealth of Virginia expires on June 30, 2007.

! This proposed amendment provides a new five-year term of the lease with the maximum annual escalation rate for operational costs increasing from 3% to 5%.

! All other terms of the lease will remain unchanged.

Item 4. Continued.

Item 4. Consent Agenda Continued

G. Incorporation of Recent State Code Changes into City Code

ACTION: A REQUEST TO ADOPT A SERIES OF FOUR ORDINANCES THAT WILL INCORPORATE RECENT MINOR STATE CODE CHANGES INTO THE CITY CODE PERTAINING TO THE UNIFORM STATEWIDE BUILDING CODE, OPEN MARKET PROCEDURE FOR PURCHASING PROSECUTION OF TRAFFIC COURT CASES, AND RULES OF CONSTRUCTION AND DEFINITIONS.

BACKGROUND: ! These proposed changes were made by the recent General Assembly, and will bring the City Code into conformity with State law.

Item 5. Adult Detention Facility Expansion Project Continued

A. Appropriation of Funds

ACTION: A REQUEST TO ADOPT A RESOLUTION THAT WILL APPROPRIATE $4,000,305 FROM FISCAL YEAR 2007 BONDS AUTHORIZED AND ISSUED FOR THE ADULT DETENTION FACILITY EXPANSION PROJECT.

BACKGROUND: ! Funding for this project is programmed in the City’s current Capital Improvements Plan.

! This project involves renovating the old Juvenile Detention Center into an Adult Detention Facility.

! This is a two-story building consisting of 38,800 square feet which was vacated upon the completion of the new Juvenile Detention Center.

! This project will allow an increase of 52 beds to the rated capacity of the Public Safety Building.

! In addition, this project will provide nine special purpose beds, activity areas, classrooms, indoor and outdoor recreation and a visitation room.

! Also, the existing underground tunnel, which connects the Public Safety Building and the existing Juvenile Detention Center, will be renovated.

Item 5. Continued

Item 5. Adult Detention Facility Expansion Project

B. Award of Bid

ACTION: A REQUEST FOR A MOTION OF CITY COUNCIL TO AWARD THE BID FOR CONSTRUCTION OF THE ADULT DETENTION FACILITY EXPANSION PROJECT TO VIRTEXCO IN THE AMOUNT OF $3,439,345.

BACKGROUND: ! The City’s Department of Engineering has completed its due diligence on this low bidder, and recommends the award as stated.

Item 6. Employee Leave Program Revisions

ACTION: A REQUEST TO ADOPT TWO ORDINANCES THAT WILL AMEND THE CITY CODE TO REVISE CERTAIN PROVISIONS OF EMPLOYEE LEAVE PROGRAM EFFECTIVE JULY 1, 2008.

BACKGROUND: ! These proposed revisions do not alter the City’s flexible employee leave policy that has been in effect for a number of years which continues to serve well in attracting and retaining a quality workforce.

! The proposed changes ensure that employees use their personal leave, and slow the growth of the City’s leave liability, as well as, lessen the financial impact on the City’s Retirement Fund.

! The carryover of personal leave will be capped at 400 hours which will over time eliminate the high balances of employees who ultimately retire.

! The currently existing leave accrual provisions will not be changed.

Item 7. Authorization of Loan by Hampton-Newport News Community Services Board for Completion of the Central Campus

ACTION: A REQUEST TO ADOPT A RESOLUTION APPROVING A LOAN OF $3.5 MILLION BY THE COMMUNITY SERVICES BOARD PROPERTY COMPANY, INC. TO COMPLETE THE FUNDING NEEDED FOR THE HAMPTON NEWPORT NEWS COMMUNITY SERVICES BOARD CENTRAL CAMPUS.

BACKGROUND: ! The State Code requires approval by the governing bodies that are served by the respective community services boards of any loan applications made by the boards.

! HNNCSB originally borrowed $17.5 million as tax-free, bond induced, bank qualified financing for the purchase and development of its new campus, with the knowledge that it would subsequently need to borrow additional funds to complete the project.

! The Bank of America has pre-approved this new loan using equity in the campus for security.

! Also included in this approval request is City Council’s approval for an existing $2.5 million line of credit which has not been used but is considered the Board’s safety net.

! There is no liability on the part of the City for these transactions.

Item 8. Sheriff Department’s Fiscal Year 2008 Classification and Pay Plan

ACTION: A REQUEST TO ADOPT AN ORDINANCE APPROVING THE SHERIFF DEPARTMENT’S FISCAL YEAR 2008 CLASSIFICATION AND PAY PLAN FOR SWORN AND CIVILIAN EMPLOYEES.

BACKGROUND: ! This is an update of last fiscal year’s pay plan for the Sheriff Department’s sworn employees, and for the first time, includes civilian employees of that department.

! Employees will be eligible for salary increases based on their respective classifications, with

non–ranking sworn employees receiving 6% increases, and ranking employees and civilians receiving 4%.

! The State will provide monies equal to a 4% increase based on State Compensation Board established salaries.

! The total cost for additional salary provided by the City for all State funded or partially State funded positions for Fiscal Year 2008 will be approximately $525,000.

Item 9. Walkers Dam Emergency Repair Project

ACTION: A REQUEST TO ADOPT A RESOLUTION APPROPRIATING THE MONIES NEEDED FOR THE EMERGENCY REPAIR OF WATERWORKS’ WALKERS DAM IN NEW KENT COUNTY, AND A SUBSEQUENT MOTION OF CITY COUNCIL TO AWARD THE BID FOR THE REPAIR WORK.

BACKGROUND: ! The specific information needed for the appropriation and award of bid will be received by the City on Monday, June 25, 2007, which is after the preparation and distribution of the meeting agenda.

! The City Manager will provide the information at the City Council meeting that is needed to act on these two agenda items.

Item 10. Warwick Boulevard Multi-Purpose Trail Project

A. Appropriation of Funds

ACTION: A REQUEST TO ADOPT A RESOLUTION THAT WILL APPROPRIATE $100,000 OF STATE REVENUE FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR THE WARWICK BOULEVARD (MARINERS’ MUSEUM AREA) MULTI-PURPOSE TRAIL PROJECT.

BACKGROUND: ! The City has been successful in obtaining approval of a Federal Congestion Mitigation Air Quality (CMAQ) Grant in the amount of $1 million for this project.

! The project involves the construction of a

multi-purpose trail along Mariners’ Museum property parallel to Warwick Boulevard.

! Construction of this trail will assist in implementation of the City’s comprehensive sidewalk and trail plan.

Item 10. Continued.

Item 10. Warwick Boulevard Multi-Purpose Trail Project Continued

B. VDOT Programming Resolution

ACTION: A REQUEST TO ADOPT A RESOLUTION ASKING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO PROGRAM FOR CONSTRUCTION THE WARWICK BOULEVARD (MARINERS’ MUSEUM AREA)

MULTI-PURPOSE TRAIL PROJECT USING FEDERAL CONGESTION MITIGATION AIR QUALITY GRANT MONIES.

BACKGROUND: ! This is the customary application that is required by VDOT to program and fund projects.

! Upon approval of this programming resolution, VDOT will proceed with developing the required City/State Administration Agreement.

Item 11. Appropriations

ACTION: A REQUEST FOR A MOTION OF CITY COUNCIL TO ADOPT AS A BLOCK THE FOLLOWING APPROPRIATIONS.

A. $1 million from Fiscal Year 2007 Bonds Authorized and Issued to partially fund the acquisition of the property at 809 Omni Boulevard.

B. $830,000 from Fund Balance Reserve for Specific Projects for additional sanitary sewer repair work needed for Phase II of the Warwick Boulevard widening project.

C. $4,626,955 from General Fund Reserves designated for information technology replacement for the purchase of an Enterprise Resource Planning (ERP) Software Package.

D. $1,895 of private donations for the City’s Court Appointed Special Advocate Program.

Item 11. Continued

Item 11. Appropriations Continued

A. Partial Funding for the Acquisition of 809 Omni Boulevard

ACTION: A REQUEST TO ADOPT A RESOLUTION THAT WILL APPROPRIATE $1 MILLION FROM FISCAL YEAR 2007 BONDS AUTHORIZED AND ISSUED TO PARTIALLY FUND THE ACQUISITION OF THE PROPERTY AT

809 OMNI BOULEVARD BY THE CITY’S ECONOMIC DEVELOPMENT AUTHORITY.

BACKGROUND: ! The City’s EDA was the successful bidder recently in the sealed bid offering by State Farm Mutual Automobile Insurance Company of its building at 809 Omni Boulevard for the total purchase price of $3,501,000.

! The City’s current Interim Capital Improvements Plan contains a $1,000,000 allocation for economic development initiatives, which is the proposed source of this recommended appropriation.

! The EDA will finance $2 million under flexible terms from a local financial institution, and provide the remaining $501,000 necessary for the purchase from cost savings from City Center at Oyster Point capital projects.

! The EDA pursued acquisition of this property because a portion of it is needed in the future for public infrastructure and to ensure the comprehensive and coordinated development of the City’s surrounding properties.

Item 11. Continued

Item 11. Appropriations Continued

2. Additional Sanitary Sewer Repairs for Phase II of the Warwick Boulevard

Widening Project

ACTION: a request to adopt a resolution that will temporarily appropriate $830,000 from FUND BALANCE RESERVE FOR SPECIFIC PROJECTS for additional sanitary sewer repair work needed for phase II of the Warwick Boulevard Widening Project.

BACKGROUND:

! This Phase of the project, which is from

Nutmeg Quarter to Nettles Drive, already

includes 2350 feet of rehabilitation work on

sanitary sewer system; however, additional

repair work was later discovered as being needed.

! Staff, along with VDOT, has determined that

these additional repairs should be

accomplished during construction to

eliminate disruption later, and be performed

by the specialized contractor performing the originally scheduled sewer repair work.

! This additional work will require a revised

City/State agreement with VDOT which will

subsequently be presented to City Council

for approval.

Item 11. Continued

Item 11. Appropriations Continued

C. Enterprise Resource Planning (ERP) System

ACTION: a request to adopt a resolution that will appropriate $4,626,955 from General Fund Reserves designated for Information Technology Replacement for the purchase

of an Enterprise Resource Planning (ERP) software project.

BACKGROUND: ! This software system will replace the City’s existing core business software system who’s components range from sixteen to thirty-seven years old.

! The component systems involved pertain to payroll/human resources, purchasing, accounting, and budgeting.

! This project will be the most significant change in the City’s business practices for the next ten to fifteen years.

! The City’s Steering Committee for this project has its goal the implementation of the financial systems by July, 2008, and the payroll/human resources portion by

January, 2009.

Item 11. Continued

Item 11. Appropriations Continued

D. Private Donations for the Court Appointed Special Advocate Program.

ACTION: a request to adopt a resolution that

will appropriate $1,895 of private

donations for the City’s Court

Appointed Special Advocate Program.

BACKGROUND: ! The CASA program trains community volunteers to serve as advocates for children who have been found by the court to be abused and/or neglected.

! This proposed appropriation represents private donations that require no city match.

! These funds will be used to train CASA volunteers, special activities for CASA children, and for fundraising events.

Item 12. Citizen Comments on Matters Germane to the Business of City Council

Item 13. New Business and Councilmember Comments

City Manager

City Attorney

City Clerk

Roll Call for New Business

Frank

Haskins

McMillan

Scott

Whitaker

Allen

Bateman

*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.”