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AGENDA

NEWPORT NEWS CITY COUNCIL REGULAR CITY COUNCIL MEETING

MAY 24, 2011

City Council Chambers

7:00 p.m.

A. Call to Order

B. Invocation - Rev. Ginny Roll, Unity Fellowship Church

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

D. Presentations

1. Resolution of Recognition: Selma K. Petock

2. Resolution of Recognition: Selma K. Petock, presented by Virginia State Senator John Miller

3. Proclamation: Harrison's Hope Day - May 30, 2011

4. Presentation: Mayor's Youth Citizen of the Year

E. Public Hearings

1. Ordinance Granting Two Utility Easements - 2801 Jefferson Avenue (Lower Jefferson

Avenue Streetscape Project)

2. Vacation of an Unimproved Dedicated Right-of-Way Located in the Subdivision of

Warwick Lawns, Section 2

3. Framework for the Future 2030 Comprehensive Plan Amendment, PLN-11-04, for Property

Located at 3700 Marshall Avenue

4. Change of Zoning, CZ-11-304, Economic Development Authority (EDA) of Newport News

for Property Located at 3700 Marshall Avenue

5. Zoning Text Amendment, ZT-11-305, City of Newport News, to City Code, Chapter 45, Zoning Ordinance; Article II., Definitions; Section 45-201, Definitions of Certain Words and Terms

6. Zoning Text Amendment, ZT-11-306, City of Newport News, to City Code, Chapter 45, Zoning Ordinance; Article IV., Summary of Uses By District; Section 45-402, to Allow Assisted Living Facilities and Temporary Family Health Care Structures

7. Zoning Text Amendment, ZT-11-307, City of Newport News, to City Code, Chapter 45, Zoning Ordinance; Article V., General Regulations; Section 45-531, to Address Fees, Location, and Standards for a Temporary Family Health Care Structure

F. Consent Agenda

1. Minutes of the Work Session of May 10, 2011

2. Minutes of the Special Meeting of May 10, 2011

3. Minutes of the Regular Meeting of May 10, 2011

4. Resolution of Recognition for Arva C. Davidson

5. Resolution of Recognition for the Menchville Robotics Team

G. Other City Council Actions

1. Item 1 of 2: Ordinance Amending City Code, Chapter 2, Administration; Article IV., Employee Benefits; Division 3, Paid Medical Leave; Section 2-123, Forfeiture of

Accumulated Paid Medical Leave Benefits Upon Termination of Employment; Credit in Case of Retirement

2. Item 2 of 2: Ordinance Amending City Code, Chapter 31, Pensions and Retirement; Article II., Employees’ Retirement Fund; Division 4, Credited Service; Section 31-35, Credited Service for Work Performed for a Participating Employer

3. Resolution Authorizing Participation in and the Implementation of the National League of

Cities (NLC) Prescription Discount Card Program

H. Appropriations

1. Newport News Public Schools (NNPS) - FY 2011 Capital Improvements Plan (CIP) Request

- $2,900,000

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. Whitaker

5. Woodbury

6. Bateman

7. McMillan

8. Price

9. Scott

10. Vick

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."

E. Public Hearings

1. Ordinance Granting Two Utility Easements - 2801 Jefferson Avenue (Lower Jefferson Avenue Streetscape Project)

ACTION: A REQUEST TO ADOPT AN ORDINANCE THAT WILL GRANT TWO UTILITY EASEMENTS TO VIRGINIA ELECTRIC AND POWER COMPANY, D/B/A DOMINION VIRGINIA POWER, UNDER AND ON CITY-OWNED PROPERTY LOCATED AT 2801 JEFFERSON AVENUE.

BACKGROUND: l A request to receive bids was advertised in the Daily Press on April 25, 2011 and May 2, 2011.

l City Council received one bid for these easements at its May 10, 2011 meeting.

l These easements are needed to finalize the recorded plat for underground conduits/cables and aboveground switches/transformers for the relocation of electrical service at the Lower Jefferson Avenue Streetscape Project.

l The City Manager recommends approval.

FISCAL IMPACT: l N/A

Supporting Material CM Memo re 2801 Jeff Ave Streetscape Proj Attachment 2 Lower Jefferson Avenue Streetscape Project Plat Jeff Ave Proj Plat Ord Authorizing Execution of Deed of Easement re Dominion VA Power

b116516

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, THAT CERTAIN DEED OF EASEMENT BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND VIRGINIA ELECTRIC AND POWER COMPANY, D/B/A DOMINION VIRGINIA POWER, DATED THE 24 DAY OF MAY, 2011, FOR 2801 JEFFERSON AVENUE, NEWPORT NEWS, VIRGINIA.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News, Virginia:

1. That it hereby authorizes and directs the City Manager to execute and the City Clerk to attest, on behalf of the City of Newport News, Virginia, that certain Deed of Easement by and between the City of Newport News, Virginia, and Virginia Electric and Power Company, d/b/a Dominion Virginia Power, dated the 24t1 day of May, 2011, for 2801 Jefferson Avenue, Newport News, Virginia.

2. That a copy of the said Deed of Easement is attached hereto and made a part hereof. PREPARED BY: ewport News Cit Attorney 2400 Washington Avenue, 9 Floor Newport News, Virginia 23607

Easement Across Portion of Parcel 306.0302-63

THIS DEED OF EASEMENT, made this 24th day of May, 2011, between the CITY OF

NEWPORT NEWS, a municipal corporation ofthe Commonwealth of Virginia, hereinafter called

“GRANTOW’ and VIRGINIA ELECTRIC AND POWER COMPANY, DIB!A DOMINION

VIRGINIA POWER, hereinafter called !IGRANTEE.H

NOTICE TO LANDOWNER: YOU ARE CONVEYING RIGHTS TO A PUBLIC SERVICE CORPORATION. A PUBLIC SERVICE CORPORATION MAY HAVE THE RIGHT TO OBTAiN SOME OR ALL OF THESE RIGHTS THROUGH EXERCISE OF EMINENT DOMAIN. TO THE EXTENT THAT ANY OF THE RIGHTS BEING CONVEYED ARE NOT SUBJECT TO EMINENT DOMAIN, YOU HAVE THE RIGHT TO CHOOSE NOT TO CONVEY THOSE RIGHTS AND YOU COULD NOT BE COMPELLED TO DO SO. YOU HAVE THE RIGHT TO NEGOTIATE COMPENSATION FOR ANY RIGHTS THAT YOU ARE VOLUNTARILY CONVEYING,

WITNESSETH:

That for the sum of One Dollar ($1.00), cash in hand paid, and other valuable consideration, the receipt whereofis hereby acknowledged, GRANTOR grants unto GRANTEE, its successors and assigns, for a period of forty (40) years from the date of recordation of this deed of easement, the non-exclusive right, privilege and easement(s) ofvariable width, to construct, operate and maintain one or more underground lines, switching facilities, and one or more lighting supports and lighting fixtures, as GRANTEE may from time to time deem expedient or advisable, located on the easements hereinafter described, for the purpose of transmitting and distributing electric power by one or more circuits to Grantor, for provision of electric power to its facilities and for lighting and such other purposes as requested by Grantor; together with all wires, cables, transformers, transformer enclosures, concrete pads, manholes, handholes, connection boxes, ground connections, meters, attachments, equipment, accessories and appurtenances desirable in connection therewith

(hereinafter referred to as “facilities”).

The said rights, privilege and easement extends over, under, through and across certain lands of GRANTOR, situated in the City of Newport News, Virginia, to provide electric service to

Grantor, its successors and assigns, and to no other user, as shown on Plat No. 22-11-0042 attached hereto and made a part of this Deed of Easement; the location of said easement(s) being shown in broken lines on said Plat, to which plat reference is made for a more particular and accurate description of the easement.

The facilities constructed hereunder shall remain the property of GRANTEE. GRANTEE shall have the right to inspect, rebuild, remove, repair, improve, relocate on the easement, and make such changes, alterations, substitutions, additions to or extensions ofits facilities as GRANTEE may from time to time deem advisable.

GRANTEE shall at all times have the right to keep the easement clear of all buildings, structures, and other obstructions (except fences), trees, roots and undergrowth. All trees and limbs cut by GRANTEE shall, except as hereinafter provided, remain the property of GRANTOR. Trees cut by GRANTEE with merchantable trunks six (6) inches or more in diameter will be cut into lengths of not less than four (4) feet when requested by GRANTOR and will be placed in piles separate from other trees, limbs, and undergrowth cut by GRANTEE. All trees, limbs, roots and

2 other growth removed during the periodic maintenance of the easement by GRANTEE shall be

disposed ofby GRANTEE, and after which GRANTEE shall restore the surface area affected by the

removal to a level grade safe for pedestrian travel.

For the purpose of constructing, inspecting, maintaining or operating its facilities on the

easement on the property of GRANTOR or on its easement on any other property, GRANTEE shall

have the right of ingress and egress over, upon and along such easement. If GRANTEE is unable

reasonably to exercise the right of ingress and egress over, upon and along the easement on the

property of GRANTOR, GRANTEE shall have such right of ingress and egress over the property

of GRANTOR adjacent to the easement. GRANTEE shall have the further right of ingress to and

egress from the easement over such private roads as may now or hereafter exist on the property of

GRANTOR. The right, however, is reserved to GRANTOR to shift, relocate, close or abandon such

private roads at any time. If there are no public or private roads reasonably convenient to the

easement, GRANTEE shall have such right of ingress and egress over the lands of GRANTOR

adjacent to the easement and lying between public and private roads and the easement in such

manner as shall occasion the least practicable damage and inconvenience to GRANTOR.

GRANTEE shall repair damage to roads, fences or other improvements and shall pay

GRANTOR for other damage done in the process of the construction, inspection, or maintenance

of GRANTEE’s facilities, or in the exercise of its right of ingress and egress; GRANTEE shall be liable for all damages resulting from its exercise of the right of ingress and egress across such adjacent lands, provided GRANTOR gives written notice thereof to GRANTEE within sixty (60) days after any property damage occurs.

3 GRANTOR, its successors and assigns, may use the easement for any purpose not inconsistent with the rights hereby granted, provided such use does not interfere with or endanger the construction, operation and maintenance of GRANTEE’s facilities and provided that no buildings, structures or other obstructions (except fences) may be constructed on the easement.

In the event that GRANTOR sells or conveys the property on which the easement is located,

GRANTOR shall provide that such sale or conveyance be conditioned upon the purchaser granting to GRANTEE a suitable easement across such property for GRANTEE’s facilities.

In the event that GRANTEE fails or ceases to use the entire easement for a continuous period of two (2) or more years, then all rights and privileges hereby granted to GRANTEE shall forever cease and revert to GRANTOR by operation of law.

The rights, privileges, and easement conveyed pursuant to this Deed of Easement are in addition to, and not in substitution of, any other rights which may be available to GRANTEE to install its facilities on the property.

GRANTOR covenants that it is seized ofand has the right to convey the said easement, rights and privileges; that GRANTEE shall have quiet and peaceable possession, use and enjoyment ofthe aforesaid easement, rights and privileges; and that GRANTOR shall execute such further assurances thereof as may be required.

IN WITNESS WHEREOF, GRANTOR has caused its corporate name to be signed hereto by its City Manager and its corporate seal to be hereunto affixed and attested by its City Clerk.

4 ______, ______, ______,

CITY OF NEWPORT NEWS

By:______ATTEST: City Manager

By: City Clerk

COMONWEALTH OF VIRGINIA City of Newport News, to wit:

I, a Notary Public in and for the City and Commonwealth

aforesaid, whose commission expires on the day of do hereby

certify that the CITY OF NEWPORT NEWS, by its City Manager, and attested by its City Clerk,

whose names are signed to the foregoing writing, hereto annexed, have each acknowledged the same

before me in my City and Commonwealth aforesaid.

GIVEN under my hand this day of , 2011.

Notary Public Registration No.: b116517

5 ______

20’ JEFFERSON H AVE 20’ Iv’ H 15’ r I r- I I “2801” 25’ PARCEL ID # 306030263 CITY OF NEWPORT NEWS, a municipal corporation H of the Commonwealth of Virginia F __J (I) F t. C) PARCEL ID # 305040515 F— If’ cc H PARCED (N 0) 305040514 # (N PARCEL ID 305040516 #

Plat to Accompany DEED OF EASENENT VIRGINIA ELECTRIC AND POWER COMPANY doing business as Dominion Virginia UG District Power Legend PENINSULA District—Township—Borough County—City LOWER State Location of Boundary Unea of Easement DOWNTOWN NEWPORT VARIES Office NEWS VA IN WIDTH Plot Number Indicates Property PENINSULA Line is Easement 22—11-0042 Boundary Estimate Number Grid Number 7324265 N0123 Date By PAGE 6 OF 6 4 -i -Il

E. Public Hearings

2. Vacation of an Unimproved Dedicated Right-of-Way Located in the Subdivision of Warwick Lawns, Section 2

ACTION: A REQUEST TO APPROVE AN ORDINANCE AUTHORIZING THE VACATION OF THE REFERENCED PORTION OF THE UNIMPROVED RIGHT-OF-WAY IN WARWICK LAWNS, SECTION 2 AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY TO EFFECTUATE THE TRANSACTION.

BACKGROUND: l A request has been received from TDMJ Company, LLC, (TDMJ), for the City to vacate a 50-foot-wide paper street which is a .249-acre portion of Warwick Lawns, Section 2, originally dedicated to the City of Warwick in Plat Book 3, Page 145.

l All abutting landowners have agreed in writing to the vacation and an interdepartmental review was conducted, to which no objections were noted.

l The abutting landowners have agreed to pay the City, the City Assessor's appraised value of three thousand five hundred dollars ($3,500), for the .249-acre area designated as Parcel A, Parcel B, and Parcel C, collectively.

l The City Manager recommends approval.

FISCAL IMPACT: l N/A

Supporting Material CM Memo re Warwick Lawns Vacation Warwick Lawns, Section 2 - Vacation Map Warwick Lawns, Section 2 - Vacation Plat Ord Closing and Vacating an Undeveloped and Unpaved Street in Warwick Lawns, Sec. 2

Legend s

e Site r C

4026 e

o 4024 l 4022

D 4020

Cam 4018 pbell Rd

4023

4021

4017

4015

3778

3774

Sherwood Pl

Any determination of topography or contours, or any depiction of physical improvements, property lines or boundaries is for general information only and shall not be used for the design, modification, or construction of improvements to real property or for flood plain determination.

1 inch = 50 feet CAMPBELL RD VARIABLE R/W CL

50.15' S76° 51' 00"E →305.44' (TOTAL) C1 L3 CL L4 "A" L10 134.15 C2 '

S21° 00' 00"E

L2 L → 87.92' N/F 9 PROPERTY OF MORRISON JAMES A UX N/F L5 DB000741 PG0247 PROPERTY OF TAX ID #119000644 "B" TDMJ COMPANY LLC DBD10000 PG9752

N10° 15' 00"E → 168.12' TAX ID #119000635 0' L8 ← 140.0 "W 0' L1 "C" 0 ° 00' 00 S69 ← 150. 0"W 00' 0 9° L6 S6 L7

N/F Site PROPERTY OF A - 2718.96 Sq. Ft. 0.062 Acres GOLDKRESS CORP B - 5249.26 Sq. Ft. 0.121 Acres DB000646 PG0521 C - 2891.50 Sq. Ft. 0.066 Acres TAX ID #119000637 CL SHERW

OOD PLAC

C L E

Curve Table Curve # Length Radius Chord Direction Chord Length Delta C1 24.02' 25.00' N48° 27' 40"W 23.10' 55° 02' 27" C2 54.04' 25.00' S41° 04' 36"W 44.12' 123° 50' 27"

4017 & 4021 CAMPBELL RD & 3752 SHERWOOD PL Line Table CITY OF Line Bearing Distance NEWPORT NEWS L1 N21° 00' 00"W 115.66' DEPT. OF ENGINEERING L2 N21° 00' 00"W 94.65' L3 S76° 51' 00"E 60.57' PLAT SHOWING L4 S76° 51' 00"E 60.57' L5 S21° 00' 00"E 142.57' PLAT SHOWING UNIMPROVED L6 S69° 00' 00"W 25.00' PAPER STREET OFF OF L7 S69° 00' 00"W 25.00' CAMPBELL ROAD TO BE VACATED L8 N21° 15' 00"E 115.66' 10842.441 SQ. FT. 0.249 AC. L9 N21° 15' 00"E 61.15' CITY OF NEWPORT NEWS, VIRGINIA L10 N13° 09' 00"E 24.67' SCALE: 1" = 100' DRN. BY: MCH DATE: 4/28/2011 APR. BY: MHS b116559

ORDINANCE NO.

AN ORDINANCE CLOSING AND VACATING THAT CERTAIN UNDEVELOPED AND UNPAVED STREET OR RIGHT OF WAY CONTAINING 0249 ACRES LOCATED IN WARWICK LAWNS, SECTION 2, IN THE CITY OF NEWPORT NEWS, VIRGiNIA, AS SHOWN ON THE PLAT ATTACHED HERETO AND MADE A PART OF THIS ORDINANCE

WHEREAS, the Council has been requested to consider a proposal to vacate that certain undeveloped and unpaved portion of a dedicated right of way located in the subdivision of \Varwick Lawns, Section 2, in the City of Newport News, herein more particularly described; and

WHEREAS, the Notice of the proposed action has been published pursuant to the statutory requirements of Section 15.2-2006 of the Code of Virginia, 1950, as amended; and

WHEREAS, the procedures required by Section 15.2-2006 have been followed; and

WHEREAS, the Council of the City of Newport News, Virginia, is of the opinion that such vacating will not result in any inconvenience and is in the interest of public welfare.

NOW, THEREFORE. BE IT ORDAINED by the Council of the City of Newport News, Virginia:

1. That the following area in the City of Newport News, being more particularly as follows:

All those certain lots, pieces or parcels of land situate and being in the City of Newport News containing, in the aggregate, 10,842.441 Sq. Ft., 0.249 Acres, as shown as Parcels A, B and C in the hatched areas on that certain plat entitled “PLAT SHOWING UNIMPROVED PAPER STREET OFF OF CAiMPBELL ROAD TO BE VACATED, 10842.441 Sq. Ft., 0.249 Ac., City of Newport News, Virginia,” dated April 28, 2011, and made by the City of Newport News Department of Engineering, attached hereto and made a part hereof as Exhibit A,

be vacated, and that the same shall be no longer deemed a publicly dedicated right of way, street or alley in the City of Newport News, Virginia. 2. Provided, however, that the vacation is specifically conditioned on the following:

a. That the property owner abutting the portion of the vacated area shown and designated as Parcel A pay to the City the sum of One Thousand Dollars (SI 000 00), representing the value ofthe i ights that pi opeity owner shall acqu e as a result H of the vacation; and

b That the owner of the property abutting the portion of the vacated area shown and designated as Parcel B pay to the City the sum of One Thousand Five Hundred Dollars (Si ,500.00), representing the value of the rights that property owner shall acquire as a result of the vacation; and

c. That the owner of the property abutting the portion of the vacated area shown and designated as Parcel C pay to the City the sum of One Thousand Dollars (S1,00000), representing the value ofthe rights that property owner shall acquire as a result of the vacation.

3. That the vacation shall be conditioned upon payment in full by the abutting owners as set forth above; the City Attorney is hereby directed not to record the vacation ordinance until such time as the conditions are met, and, further, that if the conditions are not met on or before September 1, 2011, the vacation of the dedicated right of way herein described shall be null and void.

2 ______

FxHIBrr A N

—L CAMPBELL RD VAjjDr.. -“ Riw j 5O.i S7” °‘ j47’-51 oo” 1 -L) 134

1/ N/F Ui ‘ j PROPERTY OF cp\ MORRISONJAMESAUX N/F D8000741 PG0247 PROPERTY OF / — TAX ID #119000644 TDMJ COMPANY LLC DBD10000 PG9752 Z TAX ID#119000635

cp -ç0co S6 :;:::::;.

N/F PROPERTY OF A - 2718.96 Sq. Ft. 0.062 Acres GOLDKRESS CORP B -5249.26 DB000646 PG0521 Sq. Ft. 0.121 Acres TAX ID #119000637 C - 2891.50 Sq. Ft. 0.066 Acres N N N N N

Curve Table Curve # Length Radius Chord Direction Chord Length Delta Cl 24.02’ 25.00’ N48” 27 40W 23.10 55” 02’ 27” C2 54.04’ 25.00’ S41” 04 36W 44.12’ 123” 50’ 27”

4017 &4021 CAMPBELL RD & 3752 SHERWOOD PL Line Table CITY OF Line Bearing Distance Li N21” 00’ 00’W 115.66 NEWPORTNEWS L2 N21” 00 00W 94.65’ DEPT. OF ENGINEERING L3 S76” 51’ 00”E 60.57’ PLAT SHOMNG L4 S76” 51’ 00”E 60.57’ L5 S21”00’OO’E 142.57’ PLAT SHOWING UNIMPROVED L6 S69” 00’ 00W 25.00’ PAPER STREET OFF OF L7 S69” 00’ 00W 25.00’ CAMPBELL ROAD TO BE VACATED L8 N21” 15’OO”E 115.66’ 10842.441 SQ. FT. 0.249 AC. L9 N21”15’OO”E 61.15 L10 N13° 09’ 00’E 24.67’ CITY OF NEWPORT NEWS, VIRGINIA SCALE: 1” = 100 DRN. BY: MCH DATE: 4/28)2011 APR. BY: MHS

E. Public Hearings

3. Framework for the Future 2030 Comprehensive Plan Amendment, PLN-11-04, for Property Located at 3700 Marshall Avenue

ACTION: A REQUEST TO APPROVE A RESOLUTION ADOPTING AN AMENDMENT TO THE FRAMEWORK FOR THE FUTURE 2030 COMPREHENSIVE PLAN LAND USE MAP FOR 3700 MARSHALL AVENUE.

BACKGROUND: l The area under consideration for change is 5.32 acres of vacant land owned by the Economic Development Authority (EDA), located at 3700 Marshall Avenue and identified as neighborhood commercial.

l The plan amendment recommends designating the land use as industrial.

l On May 4, 2011, the Planning Commission voted unanimously 7:0 to recommend to City Council approval of the plan amendment's recommendation.

Vote of Roll Call For: Maxwell, Albea, Austin, Coenen, Jones, Swanson and Fox. Abstention: None

l The City Manager recommends approval.

FISCAL IMPACT: l N/A

Supporting Material CM Memo re Framework Plan PLN1104 Staff Report and CPC Minute Excerpts Reso Approving PLN-11-04 (3700 Marshall Ave)

______

sdm9983

RESOLUTION NO.

A RESOLUTION APPROVING PLN-1 1-04 AN AMENDMENT TO THE COMPREHENSIVE PLAN, FRAMEWORK FOR THE FUTURE 2030, FOR THE CITY OF NEWPORT NEWS.

WHEREAS, on November 6, 2008, the City of Newport News (the City) adopted Frameworkfor the Future 2030 (the Framework) as its Comprehensive Plan; and

WHEREAS, the Framework provides the general guidance for planning and zoning decisions within the City; and

WHEREAS, the Economic Development Authority for the City of Newport News owns property located at 3700 Marshall Avenue, consisting of approximately 5.32 acres, and has proposed a land use change for the said property from Neighborhood Commercial to Industrial; and

WHEREAS, the Planning staff analyzed and studied the property in question and has recommended an amendment to the Framework, identified as PLN- 11-04, which would designate the planned use of the property as Industrial; and

WHEREAS, the proposed amendment has been advertised as required by law, public hearings have been held by the Planning Commission and by the City Council, and the Newport News Planning Commission recommended adoption of the amendment on May 4, 2011; and

WHEREAS, Framework for the Future 2030 is a consensus document which reflects the vision of the citizens ofNewport News concerning the physical development and services within the City, and the proposed land use change seeks to implement that vision.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News, Virginia, that it desires to, and does hereby approve and adopt the land use proposed by the Planning Commission for 3700 Marshall Avenue, identified as PLN-l 1-04 and shown in the Exhibit A-3 attached hereto and made apart hereof, and the same shall be changed from Neighborhood Commercial to Industrial.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to take such action as shall be required to cause the referenced Exhibit, PLN- 11-04, to become a part ofthe official Comprehensive Plan ofthe City, Frameworkfor the Future 2030, and to cause other parts of Frameworkfor the Future 2030 to conform to the changes made through adoption of PLN-11-04, if any. O4

SPACE

RESIDENTIAL

COMMERCIAL

I OPEN

MILITARY

RESIDENTIAL I

RESIDENTIAL

DEVELOPMENT

COMMERCIAL FACILITIES

RECREATION

DENSITY

COMMERCIAL

AREA!

DENSITY

RESIDENTIAL

USE AND

DESIGNATIONS

LOW

DENSITY

PLN-

USE

COMMUNITY GOVERNMENT HIGH INDUSTRIAL COMMUNITY LOW MIXED NATURAL MEDIUM NEIGHBORHOOD PARKS REGIONAL

RESEARCH OFFICE UTILITIES

URBAN

VERY

2030

I I

LAND Legend FFF

t4JI

IEt AI [1 E l1I

TRANSPORTATION

Ii I

2030

AMENDMENT

FUTURE

THE

PLAN

FOR

FRAMEWORK

COMPREHENSIVE

E. Public Hearings

4. Change of Zoning, CZ-11-304, Economic Development Authority (EDA) of Newport News for Property Located at 3700 Marshall Avenue

ACTION: A REQUEST TO ADOPT AN ORDINANCE GRANTING A CHANGE OF ZONING FOR PROPERTY LOCATED AT 3700 MARSHALL AVENUE, FROM C1 RETAIL COMMERCIAL TO M1 LIGHT INDUSTRIAL WITH PROFFERS, TO ALLOW THE EXPANSION OF THE HAMPTON MACHINE SHOP.

BACKGROUND: l The change of zoning is consistent with the amendment (PLN-11-04) to the Framework for the Future 2030, which recommends an industrial use designation for 3700 Marshall Avenue.

l The applicant's proffers ensure the design of the building and mitigates negative impacts to the neighboring residential uses.

l On May 4, 2011, the Planning Commission voted unanimously 7:0 to recommend approval of the change of zoning with proffers.

Vote on Roll Call For: Jones, Maxwell, Albea, Coenen, Swanson and Fox Against: None Abstention: None

l The City Manager recommends approval.

FISCAL IMPACT: l N/A

Supporting Material CM Memo re CZ11304 Plan Amdmnt Staff Report and CPC Minute Excerpts Ordinance Granding CZ-11-304 re EDA (3700 Marshall Ave)

sdrn 9979 ORDINANCE NO.______

AN ORDINANCE TO AMEND AND REORDAIN ORDINANCE NO. 5028-97 BY AMENDING THAT CERTAIN MAP ENTITLED, “ZONING DISTRICT MAP” (CONSISTING OF REAL ESTATE TAX ASSESSMENT MAPS 001 THROUGH 322 AND KEPT ON FILE IN THE OFFICES OF THE DEPARTMENTS OF CODES COMPLIANCE AND PLANNING) DATED THE 10TH DAY OF JUNE, 1997, WHICH SAID MAP IS MADE A PART OF THE SAID ORDINANCE NO. 5028-97.

WHEREAS, conditional zoning application CZ-11-304 has been made by THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NEWPORT NEWS for the rezoning of the hereinafter described property from the present Cl Retail Commercial District to Ml Light Industrial District, conditioned by written and voluntarily proffered conditions; and

WHEREAS, the application has been considered by the Planning Commission for the City ofNewport News for recommendation and has been duly advertised as required by law and the said Planning Commission has made its recommendation.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News, Virginia:

Section 1. That Ordinance No. 5028-97 is hereby amended and reordained by amending that certain map entitled, “Zoning District Map” (Consisting ofReal Estate Tax Assessment Maps 001 through 322 and kept on file in the offices of the Departments of Codes Compliance and Planning) dated the 10th day ofJune, 1997, which said Map is made a part of Ordinance No. 5028- 97 by changing the following described property from the present Cl Retail Commercial District to Ml Light Industrial District, conditioned by written and voluntarily proffered conditions:

Legal Description:

All those certain piece or parcel of land situate, lying and being in the City of Newport News, Virginia, containing 5.32 acres, +, known and designated as, “PARCEL A, PROPERTY OF N.N.R.&H.A., 5.32 ACRES,” as shown on that certain plat entitled, “PROPERTY LINE VACATION PLAT OF PARCEL A, PROPERTY OF THE NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTHORITY, CITY OF NEWPORT NEWS, VIRGINIA,” dated July 3, 2003, made by Coenen & Associates, Inc., a copy of which is attached to and recorded with that certain Declaration of vacation of property lines made by Newport News Redevelopment and Housing Authority dated July 15, 2003, which Declaration was recorded in the Newport News Circuit Court Clerk’s Office on July 16, 2003, as document number 1901.

The property has a common street address of 3700 Marshall Avenue and is assigned Real Estate Assessor’s Tax ID #300.01-01-15.)

Section 2. That the rezoning approved hereby is conditioned by written and voluntarily proffered conditions contained in the application and binding the development of the property as set forth in the exhibit, consisting oftwo pages and labeled “A-7,” attached hereto and made a part hereof. These conditions shall continue in effect until a subsequent amendment to the zoning of the property described in Section 1 hereof is adopted; provided, however, that the conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance.

Section 3. The applicant, as well as successors, assigns and agents, if any, shall comply with all of the conditions stated herein, as well as all codes, ordinances and regulations of federal, state and local governments.

7 A-i

Conditioned Proffer Statement for Change of Zoniftq

TO: The Honorable City Council of the City of Newport News

DATE: April 12. 2011

APPLICATION NUMBER: Ii * I

In reference to the above request for a change of Zoning:

Conditioned- The Economic Development Authority of the City of Newport News, a political subdivision of the Commonwealth of Virginia hereby I proffer that the development of 532 acre parcel located on the corner of Street and Marshall Avenue located in the City of Newport News, as more particularly described as attachment an to this application (‘Rezoning Exhibit for Hampton Machine Shop Expansion”), shall be in accordance with the conditions set forth in this submission.

1.) The development of the Property shall be in general conformance with the exhibit titled: Rezoning Exhibit for Hampton Machine Shop, Inc. Expansion, dated March 31, 2011, and prepared by LandTech Resources, Inc. which exhibit is on file with the Planning Department the City of Newport News. of Modifications to the Site Plan shall be reviewed and approved Director of Planning. by the

2.) The architecture of the Hampton Machine Shop facility to be located on the Property, when constructed, shall be in general conformance with the exhibit titled: Exterior Elevation, Floor PlanFence Detail, Hampton Machine 2, dated April 12, 2011, and prepared by Caro, Monroe and Liang, and on file with the Planning Department of the City of Newport News. All final building elevations, including design, materials, and colors shall be reviewed and approved by the Director of Planning prior to issuance of a building permit for the Hampton Machine Shop facility. The Hampton Machine Shop facility façade shall include a mix of following materials: brick the and TRESPA architectural panels, or other similar architectural materials. Modifications to the Elevation shall be reviewed and approved by the Planning. Director of

3.) No freestanding sign shall be permitted.

4.) If building mounted signs are installed, the location, design, colors and materials used for such sign(s) on the Hampton Machine Shop facility shall be reviewed and approved the Director of Planning. by All signs shall conform to the City’s Sign Ordinance requirements. 5.) The Applicant shall submit a Lighting Plan, which shall depict the light distribution on the Property, and which shall specify the design, color, height and materials of all light poles and fixtures to be used on the Property. The Lighting Plan shall be reviewed and approved by the Director of Planning and the Director of Engineering prior to issuance of final site plan approval for the Hampton Machine Shop facility. Lighting on the site shall be directed inward and downward to minimize spillover onto adjacent properties.

6.) All outside storage on site shall be screened from view from adjacent properties and rights of way. Materials used for the walls screening outside storage from right of ways at both 39th Street and Marshall Avenue, and adjacent properties shall be reviewed and approved by the Director of Planning prior to issuance of fmal site plan approval for the Hampton Machine Shop facility.

7.) All dumpsters on the site shall be screened from view from adjacent properties and rights of way. The design and materials used for dumpster screening shall be reviewed and approved by the Director of Planning prior to issuance of final site plan approval for the Hampton Machine Shop facility.

8.) The landscaping of the site, when implemented, shall be in general conformance with the exhibit titled: Hampton Machine Shop: Landscaping Detail, dated March 31, 2011, and prepared by GreenSprings Landscape Architecture, and on file with the Planning Department of the City of Newport News. The Landscape Plan shall be in conformance with the requirements of Site Regulations. The Landscape Plan shall be reviewed and approved by the Director of Planning prior to issuance of final site plan approval for the Hampton Machine Shop facility. Modifications to the Landscape Plan shall also be reviewed and approved by the Director of Planning.

9.) All landscaping shall be maintained in perpetuity.

10.) The Applicant shall install and operate digital video security equipment (the “Video Security Equipment”) on the Property with recording devices capable of specifying the date and time a particular recording is made. The Video Security Equipment shall provide surveillance coverage of the front, side, and rear exterior areas of the Hampton Machine Shop facility. The Applicant agrees to consult with the City Police Department regarding the implementation of the Video Security Equipment.

11.) Shipping containers shall not be stored on the site.

The conditions contained in this Proffer Statement shall be binding upon the Property and all parties and persons claiming under or through the Applicant, their heirs, personal representatives, assigns, grantees and other successors in interest or title. Upon sale of the Property by Applicant, the purchaser(s) of the Property shall succeed to all rights and obligations of the “Applicant” under this agreement.

Economic Development Authority of the City of Newport New, Virginia

Bona fide Owner andlor Representative

by: -

its, Tr,r4C

E. Public Hearings

5. Zoning Text Amendment, ZT-11-305, City of Newport News, to City Code, Chapter 45, Zoning Ordinance; Article II., Definitions; Section 45-201, Definitions of Certain Words and Terms

ACTION: A REQUEST TO ADOPT AN ORDINANCE AMENDING CITY CODE, CHAPTER 45, ZONING ORDINANCE; ARTICLE II., DEFINITIONS; SECTION 45-201, DEFINITION OF CERTAIN WORDS AND TERMS.

BACKGROUND: l The proposed amendment will add the definitions of assisted living facility and temporary family health care structure, in order to be consistent with the Code of Virginia .

l To align the Zoning Ordinance with the new uses and remove any inconsistencies, the proposed amendment deletes the definition for day care center for adults, amends adult day care facility, group home and special residential facility and adds family home adult day care facility.

l On May 4, 2011, the Planning Commission voted unanimously 7:0 to recommend adoption of the amendment.

Vote on Roll Call For: Swanson, Maxwell, Albea, Coenen, Jones and Fox. Against: None Abstention: None

l The City Manager recommends approval.

FISCAL IMPACT: l N/A

Supporting Material CM Memo re ZT11305 Definitions Staff Report and CPC Minute Excerpts ZT-11-305 re Ord Amending Sec. 45-201, Definition of certain words and terms

sdm9845

ORDINANCE NO. ______

AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 45, ZONING ORDINANCE, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE II., DEFINITIONS, SECTION 45-201, DEFINITION OF CERTAIN WORDS AND TERMS, BY DELETING THE DEFINITION FOR DAY CARE CENTER FOR ADULTS; BY ADDING THERETO THE DEFINITIONS OF ASSISTED LIVING FACILITY AND FAMILY HOME ADULT DAY CARE FACILITY AND BY AMENDING THE DEFINITIONS OF ADULT CARE RESIDENCE, GROUP HOME, SPECIAL RESIDENTIAL FACILITY.

WHEREAS, Section 45-201 of the Code of the City of Newport News, Virginia, contains the definition of certain words and terms used in the Zoning Ordinance of the City of Newport News, Virginia; and

WHEREAS, the Newport News Planning Commission, in accordance with applicable law, has recommended an amendment to Section 45-201 which would delete the definition found therein for day care center for adults and would add the definitions of assisted living facility and family home adult day care facility and would amend the definitions of adult care residence, group home and special residential facility; and

WHEREAS, the Council of the City of Newport News, after public notice and hearing as required by law, desires to approve the deletion of the term day care center for adults and approve the addition of the terms assisted living facility and family home adult day care facility, and approve the amendment of the terms adult care residence, group home and special residential facility in Section 45-201.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News, Virginia:

1. That Chapter 45, Zoning Ordinance, of the Code of the City of Newport News, Virginia, Article II., Definitions, Section 45-201, Definition of certain words and terms, be, and the same hereby is, amended and reordained by deleting the definition of the term day care center for adults and by adding the definition of the terms assisted living facility and family home adult day care facility, and amending the definition of the terms adult care residence, group home and special residential facility, as follows:

Adult day care residencefacility. Any place, establishment, or institution, public or private, including any day-care center for adults, operated or maintained for the maintenance or care ofprovision of day care for four (4) or more adults who are aged, infirm, or disabled; except the home or residence of an individual who cares for or maintains only persons related to him by blood or marriage and a facility or portion of a facility licensed by the state board of health or the department of mental health, mental retardation and substance abuse services but including any portion of such facility not so licensed. Such facility may be operated during a part of the day only, because its purpose is to provide supplementary care and protection of individuals who reside elsewhere.

Assisted living facility. A residential facility in which no more than eight (8) aged, infirm or disabled persons reside, with one or more resident counselors or other staff persons and for which the Department of Social Services is the licensing authority.

Day care center for adults. A facility for four (4) or more aged, infirm, or disabled adults which is operated during a part of the day only, and which provides supplementary care and protection of individuals who reside elsewhere, except the home or residence of an individual who cares for any person related to him by blood or marriage.

Family home adult day care facility. A private family dwelling of a person or persons who maintain(s) the dwelling and regularly provide(s) direct care on the premises during part of a twenty-four hour day to not more than five (5) adults who are aged, infirm, or disabled, and reside elsewhere, except the home or residence of an individual who cares for any person related to him by blood or marriage.

Group home. (a) A residential facility for nine (9) or more mentally ill, intellectually or developmentally disabled persons, for which the Virginia Department of Mental Health, Mental Retardation and Substance Abuse ServicesDepartment of Behavioral Health and Developmental Services is the licensing authority, or (b) a residential facility for five (5) or more persons, excluding nursing homes, with twenty-four-hour supervision, which provides shelter and services to individuals and families for a period not to exceed twenty-four (24) months to help them become self-sufficient citizens.

Special residential facility. A residence where care for not more than eight (8) mentally ill, intellectually or developmentally disabled persons reside with one (1) or more resident counselors or other staff persons and licensed by the department of mental retardation and substance abuse servicesDepartment of Behavioral Health and Developmental Services; provided that mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in § 54.1-3401 of the Code of Virginia.

Temporary family health care structure. A transportable residential structure, providing an environment facilitating a caregiver’s provisions of care for a mentally or physically impaired person, that (i) is primarily assembled at a location other than its site of installation, (ii) is limited to one occupant who shall

2 be the mentally or physically impaired person, (iii) has no more than 300 gross square feet, and (iv) complies with applicable provisions of the Industrialized Building Safety Law (Va. Code §36-70 et seq.) and the Uniform Building Code (Va. Code §36-97 et seq.). For purposes of this definition “caregiver” shall mean an adult who provides care for a mentally or physically impaired person within the Commonwealth. A caregiver shall be either related by blood, marriage, or adoption to or the legally appointed guardian of the mentally or physically impaired person for whom he is caring. For purposes of this definition “mentally or physically impaired person” shall mean a person who is a resident of Virginia and who requires assistance with two or more activities of daily living, as defined in Va. Code § 63.2-2200, as certified in a writing provided by a physician licensed by the Commonwealth.

2. That the rest and remainder of Section 45-201 shall not be affected by this amendment, shall remain effective as adopted, shall be deemed incorporated into this ordinance by reference as if fully set forth herein, and shall be deemed reordained hereby.

3. That this ordinance shall be in effect on and after the date of its adoption, May 24, 2011.

E. Public Hearings

ACTION: A REQUEST TO ADOPT AN ORDINANCE AMENDING CITY CODE, CHAPTER 45, ZONING ORDINANCE; ARTICLE IV., SUMMARY OF USES BY DISTRICT; SECTION 45-402 TO ALLOW ASSISTED LIVING FACILITIES AND TEMPORARY FAMILY HEALTH CARE STRUCTURES, IN ORDER TO BE ALIGNED WITH THE CODE OF VIRGINIA .

BACKGROUND: l The proposed amendment specifies where assisted living facilities, temporary family health care structures, adult day care facilities and family home adult day care facilities will be permitted in the Summary of Uses By District matrix and corrects the heading for uses A.13 through A.18 from A. Agricultural to B. Residential.

l The proposed amendment aligns the City's Zoning Ordinance with the Code of Virginia and removes inconsistencies.

l On May 4, 2011, the Planning Commission voted unanimously 7:0 to recommend adoption of the amendment.

Vote on Roll Call For: Maxwell, Albea, Austin, Coenen, Jones, Swanson and Fox Against: None Abstention: None

l The City Manager recommends approval.

FISCAL IMPACT: l N/A

Supporting Material CM Memo re ZT11306 Facilities Staff Report and CPC Minute Excerpts ZT-11-306 Ord Amending Sec. 45-402, Sumary of uses by district

sdm9347

ORDINANCE NO. ______

AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 45, ZONING ORDINANCE, ARTICLE IV., SUMMARY OF USES BY DISTRICT, SECTION 45-402, SUMMARY OF USES BY DISTRICT.

WHEREAS, Section 45-402 of the Code of the City of Newport News, Virginia, contains a comprehensive listing of uses permitted by the Zoning Ordinance of the City of Newport News, Virginia, in a “matrix” format; and

WHEREAS, the Newport News Planning Commission, in accordance with applicable law, has recommended an amendment, identified as ZT-306, to Section 45-402 as follows:

1. Amending the heading, “Permitted Uses A. Agricultural” to delete from same uses A.13. through A.18. and to add those uses to “Permitted Uses B. Residential” and re-lettering them as B.13. through B.18.;

2. Amending the use “A.13. Adult Care Residence” to “B.13., Assisted Living Facility” to allow such use in Zoning Districts R-1, R-2, R-3, R-4, R-5, and O-1 by right;

3. Adding the use “B.19. Temporary Family Health Care Structure” to allow such use in Zoning Districts R-1, R-2, R-3, R-4, R-5, and O-1 by right;

4. Adding the use “C.13. Adult Day Care Facility” to allow such use in the R9 Mixed Use District, O1 Office District, O2 Office Park District, C1 Retail Commercial District, C2 General Commercial District, and C3 Regional Business District by right, and to allow such use in the C4 Oyster Point Business District upon issuance of a conditional use permit;

5. Adding the use “C.14. Family Home Adult Day Care Facility” to allow such use in the R1 Single-Family Dwelling District, R2 Single-Family Dwelling District, R3 Single-Family Dwelling District, R4 Single-Family Dwelling District, R5 Low Density Multiple-Family Dwelling District, R6 Manufactured Home District, R7 Medium Density Multiple-Family Dwelling District, R8 High Density Multiple Family Dwelling District, R9 Mixed Use District, and O1 Office District by right.

WHEREAS, the Council of the City of Newport News, after public notice and hearing as required by law, desires to approve the uses and make appropriate amendments to the matrix.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News, Virginia:

1. That Chapter 45, Zoning Ordinance, of the Code of the City of Newport News, Virginia, Article IV., Summary of Uses, Section 45-402, Summary of Uses by District, be, and the same hereby is, amended and reordained as follows:

a. Amending the heading, “Permitted Uses A. Agricultural” to “Permitted Uses B. Residential” for uses A.13. through A.18. only;

b. Amending the use “A.13., Adult Care Residence to “B.13. Assisted Living Facility” to allow such use in Zoning Districts R-1, R-2, R-3, R-4, R-5, and O-1 by right;

c. Adding the use “B.19. Temporary Family Health Care Structure” to allow such use in Zoning Districts R-1, R-2, R-3, R-4, R-5, and O-1 by right.

d. Adding the use “C.13. Adult Day Care Facility” to allow such use in the R9 Mixed Used District, O1 Office District, O2 Office Park District, C1 Retail Commercial District, C2 General Commercial District, and C3 Regional Business District by right, and to allow such use in the C4 Oyster Point Business District upon issuance of a conditional use permit;

e. Adding the use “C.14. Family Home Adult Day Care Facility” to allow such use in the R1 Single-Family Dwelling District, R2 Single-Family Dwelling District, R3 Single-Family Dwelling District, R4 Single-Family Dwelling District, R5 Low Density Multiple-Family Dwelling District, R6 Manufactured Home District, R7 Medium Density Multiple-Family Dwelling District, R8 High Density Multiple Family Dwelling District, R9 Mixed Use District, and O1 Office District by right.

2. The rest and remainder of Section 45-402 shall not be affected by this amendment, shall remain effective as adopted, shall be deemed incorporated into this ordinance by reference as if fully set forth herein and shall be deemed reordained hereby.

3. That this ordinance shall be in effect on and after the date of its adoption, May 24, 2011.

E. Public Hearings

ACTION: A REQUEST TO ADOPT AN ORDINANCE AMENDING CITY CODE, CHAPTER 45, ZONING ORDINANCE; ARTICLE V., GENERAL REGULATIONS; BY ADDING SECTION 45-531, TO ADDRESS FEES, LOCATION, AND STANDARDS FOR A TEMPORARY FAMILY HEALTH CARE STRUCTURE.

BACKGROUND: l The general regulations will address fees, location and standards mandated in the Code of Virginia , Section 15.2-2292.1.

l On May 4, 2011, The Planning Commission voted unanimously 7:0 to recommend to City Council adoption of the amendment.

Vote on Roll Call For: Maxwell, Coenen, Jones, Swanson, Albea, Austin and Fox Against: None Abstention: None

l The City Manager recommends approval.

FISCAL IMPACT: l N/A

Supporting Material CM Memo ZT11307 Add Sect 45-531 Staff Report and CPC Minute Excerpts ZT-11-307 re Ord Adding Sec. 45-531, Temporary family health care structures

bll5781

ORDINANCE NO. ______

AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 45, ZONING ORDINANCE, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE V., GENERAL REGULATIONS, BY ADDING THERETO A NEW SECTION, NAMELY: SECTION 45-531, TEMPORARY FAMILY HEALTH CARE STRUCTURES.

BE IT ORDAINED by the Council of the City of Newport News, Virginia:

1. That Chapter 45, Zoning Ordinance, of the Code of the City of Newport News, Virginia, Article V., General Regulations, by adding thereto a new Section, namely: Section 45- 531, Temporary family health care structures, be, and the same hereby is, amended and reordained as follows:

CHAPTER 45

ZONING ORDINANCE

ARTICLE V. GENERAL REGULATIONS

Sec. 45-531. Temporary family health care structures.

Any person seeking to install a temporary family health care structure, as defined in Article II of this chapter, shall comply with the following:

(a) Obtain a permit from the department of codes compliance, for which a fee of $100.00 will be charged and paid in full prior to the issuance of the permit.

(b) A permit for a temporary family health care structure shall not be issued unless compliance with the following is demonstrated:

(1) That the structure in which temporary care will be provided is primarily assembled at a location other than the site of installation.

(2) That the structure is limited to one occupant who shall be the mentally or physically impaired person.

(3) That the structure has no more than 300 gross square feet.

(4) That the structure meets all requirements applicable to accessory structures.

(5) That the structure complies with applicable provisions of the Industrialized Building Safety Law (Va. Code § 36-70 et seq.) and the Uniform Statewide Building Code (§ 36-97 et seq.).

(6) That the structure is not placed on a permanent foundation.

(7) That the structure is connected to water, sewer, and electric utilities that are serving the primary residence on the property.

(8) That the structure is in compliance with all applicable Virginia Department of Health requirements.

(c) The applicant and the landowner, if different from the applicant, of the temporary health care structure shall provide a written report showing compliance with this section, annually, to the zoning administrator.

(d) No signage, advertising, or otherwise promoting the existence of the structure shall be permitted either on the exterior of the temporary health care structure or elsewhere.

(e) Only one (1) temporary family health care structure shall be permitted on a lot or parcel of land.

(f) Any temporary family healthcare structure installed pursuant to this section shall be removed within 30 days from the date the mentally or physically impaired person is no longer receiving or is no longer in need of the assistance provided for in this section.

(g) The zoning administrator may revoke the permit granted pursuant to this section if the permit holder violates any provision of this section.

2. That this ordinance shall be in effect on and after the date of its adoption, May 24, 2011.

F. Consent Agenda

1. Minutes of the Work Session of May 10, 2011

ACTION: l N/A

BACKGROUND: l N/A

FISCAL l N/A IMPACT:

Supporting Material Minutes of Work Session of May 10, 2011

F. Consent Agenda

2. Minutes of the Special Meeting of May 10, 2011

ACTION: l N/A

BACKGROUND: l N/A

FISCAL l N/A IMPACT:

Supporting Material Minutes of Special Meeting of May 10, 2011

F. Consent Agenda

3. Minutes of the Regular Meeting of May 10, 2011

ACTION: l N/A

BACKGROUND: l N/A

FISCAL l N/A IMPACT:

Supporting Material Minutes of Regular Meeting of May 10, 2011

F. Consent Agenda

4. Resolution of Recognition for Arva C. Davidson

ACTION: A REQUEST TO APPROVE A RESOLUTION OF RECOGNITION FOR ARVA C. DAVIDSON.

BACKGROUND: l Arva C. Davidson is being recognized for her leadership and service as a member of the Hampton-Newport News Community Services Board (H-NNCSB).

l Mrs. Davidson was elected to serve as Chair of the Board of Directors of the H-NNCSB in 2007, 2008 and 2009.

l On June 30, 2011, Mrs. Davidson will finish her third consecutive, three-year term with the H-NNCSB.

l This resolution acknowledges and thanks Mrs. Davidson for her devoted service.

l The City Manager recommends approval.

FISCAL l N/A IMPACT:

Supporting Material Recognition re Arva C. Davidson sdm9989

RESOLUTION NO. ______

RESOLUTION OF RECOGNITION

WHEREAS, the Council of the City of Newport News, Virginia, wishes to honor and recognize Arva C. Davidson for her leadership and service as a member of the Hampton- Newport News Community Services Board; and

WHEREAS, on June 30, 2011, Mrs. Davidson will finish her third consecutive term as a member of the Hampton-Newport News Community Services Board, the maximum permitted under the Code of Virginia and the City Charter. Mrs. Davidson was initially appointed by the Newport News City Council to the Hampton-Newport News Community Service Board in 2002 for a three year term. She was reappointed to the Board in 2005 and 2008; and

WHEREAS, as a member of the Hampton-Newport News Community Services Board, Arva C. Davidson has served on numerous Committees, including the Strategic Planning Committee, Community Relations/Governmental Affairs Committee, Budget, Finance and Audit Committee, and the Nominations and Selections Committee. Additionally, she was elected to serve as Chair of the Board of Directors of the Hampton-Newport News Community Services Board in 2007, 2008 and 2009; and

WHEREAS, in April of 2006, Arva C. Davidson was recognized for her volunteerism by the Virginia Department of Behavioral Health and Developmental Services, and was invited to attend the Virginia Mental Health, Mental Retardation and Substance Abuse Services Board’s Annual Volunteer Luncheon, held to honor its most distinguished volunteers across the Commonwealth; and

WHEREAS, the Council of the City of Newport News, Virginia, wishes to acknowledge and to thank Arva C. Davidson for her devoted service as a member of the Hampton-Newport News Community Services Board.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News, Virginia:

1. That it expresses its deep and sincere appreciation to Arva C. Davidson for all she has done in her many years of devoted service to our city.

2. That it extends best wishes to her in all her future endeavors. 3. That a copy of this resolution be spread upon the records of this body and that a copy be delivered to Arva C. Davidson as a token of appreciation for her service.

4. That this resolution shall be in effect on and after the date of its adoption, May 24, 2011.

F. Consent Agenda

5. Resolution of Recognition for the Menchville Robotics Team

ACTION: A REQUEST TO APPROVE A RESOLUTION OF RECOGNITION FOR THE MENCHVILLE ROBOTICS TEAM.

BACKGROUND: l This resolution recognizes the Menchville High School Robotics Team, Triple Helix, for outstanding achievement.

l Triple Helix, first organized in 2007, started competing in FIRST (For Inspiration and Recognition of Science and Technology) competitions in 2008.

l Triple Helix has won a number of 2011 regional competitions, in addition to advancing to the semi-final round of its division at the FIRST 2011 Championship.

l Triple Helix is composed of 9th through12th graders attending Newport News Public Schools.

l The City Manager recommends approval.

FISCAL l N/A IMPACT:

Supporting Material Recognition re Menchville High School Robotics Team sdm9995

RESOLUTION NO.

RESOLUTION OF RECOGNITION

WHEREAS, the City Council of the City of Newport News, Virginia, wishes to recognize the Menchville High School Robotics Team, Triple Helix, for outstanding achievement; and

WHEREAS, Triple Helix was first organized in 2007, and started competing in FIRST (For Inspiration and Recognition of Science and Technology) competitions in 2008; and

WHEREAS, in March of 2011, Triple Helix took first place at the Palmetto Regional Tournament in Charleston, South Carolina, and won the Engineering Excellence Award. In April of 2011, Triple Helix took second place at the Virginia Regional Competition held at Virginia Commonwealth University, and won the Industrial Design Award; and

WHEREAS, the members of Triple Helix went on to compete at the 2011 FIRST Championship in St. Louis, Missouri, and advanced to the semi-final round of their division; and

WHEREAS, in addition to participating in competitions, Triple Helix is dedicated to community service. In 2010, the team participated in and earned over $2,000 for Relay for Life, and built a robot that completed 100 laps around the track at Todd Stadium. Additionally, the team has offered robotics summer camps, and raised money for the Children’s Hospital of the King’s Daughters, in addition to several other activities; and

WHEREAS, Triple Helix is composed of 9th through 12 th graders attending Newport News Public Schools, coached by Head Coach Matt Wilbur and Assistant Coach Matt Lythgoe.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News, Virginia:

1. That it acknowledges and congratulates the members of Triple Helix for their accomplishments, and thanks them for their community service.

2. That on behalf of the City of Newport News and its citizens, it wishes each of them much success in the future.

3. That it hereby directs that a copy of this resolution be spread upon the records of this body and that a copy be delivered to Matt Wilbur and Triple Helix. 4. That this resolution shall be in effect on and after the date of its adoption, May 24, 2011.

G. Other City Council Actions

1. Item 1 of 2: Ordinance Amending City Code, Chapter 2, Administration; Article IV., Employee Benefits; Division 3, Paid Medical Leave; Section 2-123, Forfeiture of Accumulated Paid Medical Leave Benefits Upon Termination of Employment; Credit in Case of Retirement

ACTION: A REQUEST TO ADOPT AN ORDINANCE AMENDING CITY CODE, CHAPTER 2, ADMINISTRATION; ARTICLE IV., EMPLOYEE BENEFITS; DIVISION 3, PAID MEDICAL LEAVE; SECTION 2-123, FORFEITURE OF ACCUMULATED PAID MEDICAL LEAVE BENEFITS UPON TERMINATION OF EMPLOYMENT; CREDIT IN CASE OF RETIREMENT.

BACKGROUND: l This is the first of two amendments affecting the conversion of Paid Medical Leave (PML) to retirement credited service.

l Prior to April 1, 2008, unused PML was converted into retirement credited service for vested-employee who terminated from the City prior to reaching retirement eligibility (vested-terminated).

l Section 2-123 allowed PML conversion to retirement credited service for employees who work up until retirement eligibility.

l This amendment codifies the practice of PML conversion to credited service for employees who have vested-terminated prior to April 1, 2008.

l The City Manager recommends approval.

FISCAL IMPACT: l N/A

Supporting Material CM Memo re Chapt 2 and 31 Ord Amending Sec. 2-123

sdm 9872

ORDINANCE NO.

AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ADMINISTRATION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE IV., EMPLOYEE BEEFITS, DIVISION 3, PAD MEDICAL LEAVE, SEC’l ION 2-123, FORFEITURE OF ACCUMULATED PAID MEDICAL LEAVE BENEFFI S UPON TERMINATION OF EMPLOYMENT, CREDIT IN CASE OF RETIREMENT

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News, Virginia

1 That Chapter 2, Administration, ofthe Code ofthe City ofNewport News, Virginia,

Article IV, Employee Benefits, Division 3 , Paid Medical Leave, Section 2-123, Forfeiture of accumulated paid medical leave benefits upon termination of employment, credit in case of retiiement, be, and the same hereby is, amended and ieoidained as follows

CHAPTER 2

ADMINISTRATION

ARTICLE. IV. EMPLOYEE BENEFITS

DIVISION 3. PAID MEDICAL LEAVE

Sec. 2-123. Forfeiture of accumulated unused paid medical leave benefits upon termination of employment; iedit ii case of retirementexceptions.

( Except as provided in subsection (b), upon termination from the-regular full-time: service all accumulated unused paid medical leave shall be forfeited and no cash payment shall be made therefor. Such termination shall mean voluntary or involuntary termination of employment, but shall not include retirement under the pfoisions of chapter 31 of this Code. Employees who retire under the provisions of chapter 3 1 may be credited with additional credited scrvice for accumulated paid medical leave as piovidcd therein.

L12 Subject to section 31-35(e), the following employees may be credited with additional retirement credited service under the provisions of chapter 31 for accumulated unused paid medical leave:

W Employees who retire under the provisions of chapter 31 if termination of service occurs at retirement; Regular full-time employees who terminated from service prior to April 1, 2008 who were vested in the Newport News Employees’ Retirement Fund: and

Rgular full-time employees who terminated from service prior to April 1, 2008 who became vested when their accumulated unused paid medical leave was added as additional service.

2. That this ordinance shall be in effect on and after the date of its adoption, May 24, 2011.

G. Other City Council Actions

ACTION: A REQUEST TO ADOPT AN ORDINANCE AMENDING CITY CODE, CHAPTER 31, PENSIONS AND RETIREMENT; ARTICLE II., EMPLOYEES' RETIREMENT FUND; DIVISION 4, CREDITED SERVICE; SECTION 31-35, CREDITED SERVICE FOR WORK PERFORMED FOR A PARTICIPATING EMPLOYER.

BACKGROUND: l This is the second of two amendments affecting the conversion of Paid Medical Leave (PML) to retirement credited service.

l This amendment clarifies the effective date of the changes with respect to PML, by referring back to Section 2-123, which contains the necessary detail.

l The City Manager recommends approval.

FISCAL IMPACT: l N/A

Supporting Material Ord Amending Sec. 31-35 sdm9SS6

ORDINANCE NO.

AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 31, PENSIONS AND RETIREMENT, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE II., EMPLOYEES’ RETIREMENT FUND, DIVISION 4, CREDITED SERVICE, SECTION 31- 35, CREDITED SERVICE FOR WORK PERFORMED FOR A PARTICiPATING EMPLOYER.

BE IT ORDAINED by the Council of the City of Newport News, Virginia:

1. That Chapter 31, Pensions and Retirement, of the Code of the City of Newport News, Virginia, Article II., Employees’ Retirement Fund, Division 4., Credited Service, Section 31-35, Credited service for work performed for a participating employer, be, and the same hereby is, amended and reordained as follows:

CHAPTER 31

PENS IONS AND RETIREMENT

ARTICLE IL EMPLOYEES’ RETIREMENT FUND

DIVISION 4. CREDITED SERVICE

Sec. 31-35. Credited service for work performed for a participating employer.

(a) Each member shall receive credited service as set out in this division.

(b) For each member of the fund on January 1, 1983, the credited service of such member as an employee prior to July 1, 1977, shall be equal to the credited service of such member with respect to such service as was determined as of December 31, 1982, in accordance with the provisions of the fund in effect on December 31, 1982. The amount of such credited service for each member shall be conclusively determined as of December 31, 1982 and shall not be subject to adjustment after January 1, 1983. except to the extent necessary to correct a mistake of fact or clerical error.

(c) On and after July 1, 1977, each member shall receive credited service for each month of service rendered to a participating employer while in a regular full-time or equivalent position as defined by the administrative policies of the city.

(d) Credited service shall be measured in years, with each month ofcredited service in excess of complete years being considered as one-twelfth (1/12) of a year. (1) In computing the credited service of any member, other than a school board employee member, fifteen (15) days or more of service during any month (fourteen (14) days or more of service during the month of February) shall constitute a month of service and twelve (12) months of service shall constitute a year.

(2) In computing the credited service of any school board employee member, the school employment year, be it ten (10), eleven (11), or twelve (12) months, shall constitute a year of service, so long as the employee completes the employment year; otherwise fifteen (15) days or more of service during any month (fourteen (14) days or more of service during the month of February) shall constitute a month of service and twelve (12) months of service shall constitute a year.

(e) Effccth e July 1, 2008, Any accumulated unused paid medical leave shall be credited as additional credited service for benefits computation unless forfeited pursuant to section 2-123. Effective July 1, 2008, one month of service shall be credited for each one hundred sixty (160) hours (three hundred forty-two (342) hours for firefighters assigned to twenty-four-hour shifts) of accumulated paid medical leave.

In no event shall credited service for unused paid medical leave be granted to a member who is an employee of the school board and receives payment in consideration of accumulated unused paid medical leave.

(0 Notwithstanding the credited service provisions set forth in the other subsections ofthis section, credited service for persons appointed by the city council to offices ofthe city shall be established as follows:

(1) For each of the first two (2) years of appointed service, the appointees shall be entitled to two point five (2.5) years of credited service.

(2) For each year after the first two (2) years of appointed service, appointees shall be entitled to one year of credited service.

This subsection shall apply to those persons appointed by city council to offices of the city who were not vested on December 13, 1988, and to all subsequent appointees to such offices.

(g) Effective July 1, 2003, any member who is eligible to retire under section 31-52 or section 3 1-53 of this Code may, at their option prior to their retirement date, exchange up to six hundred forty (640) hours of paid personal leave (eight hundred sixty-four hours (864) for firefighters assigned to a twenty-four-hour shifts) for credited service at the then current, cost neutral exchange rates established by the board’s actuary. This exchange of paid personal leave

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G. Other City Council Actions

3. Resolution Authorizing Participation in and the Implementation of the National League of Cities (NLC) Prescription Discount Card Program

ACTION: A REQUEST TO APPROVE A RESOLUTION AUTHORIZING THE CITY'S PARTICIPATION IN THE NATIONAL LEAGUE OF CITIES (NLC) PRESCRIPTION DISCOUNT CARD PROGRAM IMPLEMENTATION.

BACKGROUND: l At the April 12 Work Session, Council directed the City Manager to implement the City's participation in the NLC Prescription Discount Card Program.

l As part of the program, NLC recommends that Council pass a Resolution of its intent to participate in the program.

l In participating in the program, the City will work collaboratively with the NLC and CVS Caremark to provide cost relief for the City's residents.

l The City Manager recommends approval.

FISCAL IMPACT: l N/A

Supporting Material CM Memo re NLC Prescrip Discount Card Prog Reso Authorizing Participation in NLC Prescription Discount Card Program

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RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, TO PARTICIPATE IN THE NATIONAL LEAGUE OF CITIES PRESCRIPTION DISCOUNT CARD PROGRAM.

WHEREAS, many citizens of the City of Newport News are among the millions of Americans without health insurance or with limited prescription drug coverage; and

WHEREAS, the National League of Cities (NLC) is sponsoring a program in collaboration with CVS Caremark to provide relief to city residents around the country from the high cost of prescription drugs; and

WHEREAS, NLC Prescription Discount Card Program will be available to member cities of NLC at no cost to those cities; and

WHEREAS, CVS Caremark will provide participating cities with prescription discount cards, marketing materials and customer support; and

WHEREAS, the discount cards offer an average savings of 20 percent off the retail price of most prescription drugs, has no enrollment form or membership fee, no restrictions based on the resident’s age or income level, and may be used by city residents and their families any time their prescriptions are not covered by insurance.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News, Virginia:

1. That the City of Newport News has informed the National League of Cities of its intent to participate in the NLC Prescription Discount Card Program and will work with NLC and CVS Caremark to implement the program to the benefit of the residents of the City of Newport News.

2. That this resolution does not make the City of Newport News liable for injury or death resulting from citizen use of the NLC Prescription Discount Card nor does the City of Newport News take responsibility for, or hold harmless NLC and/or CVS Caremark.

3. That this resolution shall be in effect on and after the date of its adoption, May 24, 2011.

H. Appropriations

1. Newport News Public Schools (NNPS) - FY 2011 Capital Improvements Plan (CIP) Request - $2,900,000

ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING $2,900,000 FROM FY 2011 BONDS AUTHORIZED AND UNISSUED FOR NEWPORT NEWS PUBLIC SCHOOLS (NNPS) DISTRICT CAPITAL PROJECTS.

BACKGROUND: l The School District has requested the appropriation of $2,900,000 for the installation of new, higher-efficiency heating, ventilation and cooling (HVAC) equipment, roof replacements, electrical panel and water line replacements and upgrades, masonry repairs, general building renovations and improvement projects.

l These projects were approved as part of the FY 2011 Capital Improvements Plan (CIP)

FISCAL IMPACT: l The source of funding for this appropriation is FY 2011 Bonds Authorized and Unissued.

l The City Manager recommends approval.

Supporting Material CM Memo re NNPS FY11 CIP Approp Appropriation re NNPS - FY 2011 CIP Request

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RESOLUTION NO. ______

A RESOLUTION APPROPRIATING FUNDS FROM FY 2011 BONDS AUTHORIZED AND UNISSUED TO SCHOOL HVAC REPAIRS, SCHOOL ROOF REPAIRS AND SCHOOL OTHER IMPROVEMENTS/REPAIRS.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News:

That it hereby appropriates funds from FY 2011 Bonds Authorized and Unissued to School HVAC Repairs, School Roof Repairs and School Other Improvements/Repairs, as follows:

Appropriation From:

FY 2011 Bonds Authorized and Unissued 4104-650-70-700H-579000-000000-2011- 00000-H0000 $ 2,900,000.00

Appropriation To:

School HVAC Repairs 4104-650-70-700H-579519-000000-2011 $ 200,000.00

School Roof Repairs 4104-650-70-700H-579527-000000-2011 $ 1,680,000.00

School Other Improvements/Repairs 4104-650-70-700H-579401-000000-2011 $ 1,020,000.00