Last Publish on 6/7/2013 4:09:29 PM
City Of Hampton, VA
22 Lincoln Street
Hampton, Va 23669

www.hampton.gov
City Council - Evening Session
Council Chambers, 8th Floor, City Hall
Wednesday, June 12, 2013
7:00 PM
W. H. "Billy" Hobbs, Jr., Will Moffett, Chris Snead, Christopher G. Stuart, Donnie R. Tuck, George E. Wallace, Molly Joseph Ward, Mayor
Mary Bunting, City Manager
Cynthia Hudson, City Attorney
Katherine K. Glass, CMC, Clerk of Council

 CALL TO ORDER/ROLL CALL
 INVOCATION - Councilman Billy Hobbs
 PLEDGE OF ALLEGIANCE TO FLAG -
 MAYOR'S COMMENTS
 CONSENT AGENDA
 Consent Items
1.13-0232Approval of the minutes from the afternoon session and public comment session of April 10, 2013; the public comment and evening special meeting of April 24, 2013; and the evening special meeting of May 1, 2013.
2.13-0169Ordinance To Amend And Reenact Chapter 5 Of The Code Of The City Of Hampton, "Animals", Article III "Dog And Cats Generally", Section 5-42 "Control Of Dangerous And Vicious Dogs; Penalties" And To Add Thereto A New Section 5-42.1 " Vicious Dogs; Penalties"
3.13-0182Resolution Appropriating $7,677.53 in Interest Income Earned on the Virginia Public School Authority Qualified School Construction Bonds, Series 2010C to the Capital Projects Fund School Lighting Project.
4.13-0183Resolution Approving the Appropriation of Additional Funds to the Capital Projects Fund for VDOT CMAQ Project at Big Bethel Road and Radford Drive and Big Bethel Road and Hampton Center Parkway
5.13-0184Resolution to Accept and Appropriate the 2013 Four-for-Life Aid to Locality Funds in the Amount of $114,289.76 from the Commonwealth of Virginia--Office of Emergency Medical Services to the City of Hampton Division of Fire & Rescue.
6.13-0185Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the FY2014 Public Safety Answering Point Grant
7.13-0186Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Virginia Department of Forestry Virginia Trees for Clean Water Program
8.13-0187Resolution Accepting and Appropriating Funds for the FY2014 Comprehensive Services Act Pools Funds
9.13-0188Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the FY2012 State Homeland Security Program Grant through the Virginia Department of Emergency Management
10.13-0189Ordinance To Repeal Non-Coded Ordinance #1132 Suspending Payment Of Certain Fees Associated With Permits Required To Repair Or Replace Property Damage Occasioned By Hurricane “Sandy”.
11.13-0190Request for Abatement and/or Refund for Tax Year 2013
12.13-0191Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the FY2012 Emergency Management Performance Grant through the Virginia Department of Emergency Management.
13.13-0212Resolution Approving Adoption of the Comprehensive Roadside Management Program Under 24 VAC 30-121-10 Through -40 of the Virginia Administrative Code
14.13-0216Resolution Eliminating the City Debt Set-Off Review Panel and Tax Write-Off Committee and Establishing Instead the City Tax/Fee Collection Advisory Committee
15.13-0218Resolution Approving FY2013 3rd Quarter Budget Adjustments
16.13-0226Resolution Of The City Council Of The City Of Hampton, Virginia, Pursuant To Virginia Code Section 37.2-504.A.11 Authorizing The Hampton-Newport News Community Services Board To Incur Certain Borrowing Obligations
17.13-0228Resolution Renaming the “Ad Hoc Leadership Group” of the Hampton Citizens’ Unity Commission the “Citizen Engagement Advisory Commission”
 PRESENTATIONS, PROCLAMATIONS, AWARDS
 PUBLIC HEARINGS
 Rezonings
18.13-0192Ordinance to Amend and Re-Enact Chapter 18.1 of the Zoning Ordinance of the City of Hampton, Virginia, entitled “Signs” by Amending Section 18.1-6 Pertaining to Special Situations to Add Subsection (7) Pertaining to Signage for Large Institutional Uses.
19.13-0210Ordinance to Amend and re-enact Chapter 1 of the Zoning Ordinance of the City of Hampton, Virginia Entitled “Zones and General Provisions” by Amending Section 1-20 Pertaining to Lighting of Parking and Other Areas and Signs.
20.13-0215Rezoning Application No. 1310-2013 by TR Development LLC to rezone parcels at 978 and 1014 Big Bethel Road [LRSNs 4001445 and 4001446], totaling 4.64± acres from Neighborhood Commercial District (C-1) and One Family Residence (R-11) to a Limited Commercial District (C-2) with conditions, to construct and operate a funeral home and crematorium. C-2 permits a funeral home with an approved Conditional Privilege. The existing use of the site is vacant.
 Conditional Privilege
21.13-0214Conditional Privilege Application No. 135-2013 by TR Development LLC to operate a funeral home and crematorium on parcels at 978 and 1014 Big Bethel Road [LRSNs 4001445 and 4001446], totaling 4.64± acres. The parcels are zoned Neighborhood Commercial District (C-1) and One Family Residence (R-11) which requires a rezoning to Limited Commercial District (C-2), and an approved Conditional Privilege to operate a funeral home and crematorium. The existing use of the site is vacant.
 Rezoning Ordinances - Housekeeping Changes
22.13-0193Ordinance to Amend and Re-enact Chapter 17.3 Special Public Interest, Article XVIII of the Zoning Ordinance of the City of Hampton, Virginia Entitled “SPI-BBD-Buckroe Bayfront District” by Amending Section 17.3-133(C)(2)(a) Pertaining to a Final Design Plan.
23.13-0194Ordinance to Amend and Re-enact Chapter 10.1 of the Zoning Ordinance of the City of Hampton, Virginia Entitled “RT District - Residential Transition District” by Amending Section 10.1-9(2) Pertaining to Green Area Requirements.
24.13-0195Ordinance to Amend and Re-Enact Chapter 17.3 Special Public Interest, Article VI of the Zoning Ordinance of the City of Hampton, Virginia, Entitled “SPI-HRC-Hampton Roads Center District” by Adding Section 17.3-43 Pertaining to Green Areas.
25.13-0196Ordinance to Amend and Re-enact Chapter 20, Article II of the Zoning Ordinance of the City of Hampton, Virginia, Entitled “Uses in All or Specified Districts” and Chapter 20, Article III of the Zoning Ordinance Entitled “Use Permits for Manufactured/Mobile Home Parks or Subdivisions” by Amending Section 20-5.1(4)(i) (i) through (iv) pertaining to Landscaping of Commercial Communication Towers, Sections 20-5.1 (5)(b)(b) and 20-5.1(6)(b)(2) Pertaining to Green Area, and Sections 20-8 and 20-17 Pertaining to Application for a Use Permit and Landscaping for a Manufactured/Mobile Home Park or Subdivision.
26.13-0197Ordinance to Amend and Re-Enact Chapter 17.1 of the Zoning Ordinance of the City of Hampton, Virginia Entitled “M-4 District Langley Flight Approach-Land Intensive Manufacturing District” by Amending Section 17.1-6 Pertaining to Landscaping in Rights-of-Way.
27.13-0198Ordinance to Amend and Re-Enact Chapter 17.3 Special Public Interest, Article XIV of the Zoning Ordinance of the City of Hampton, Virginia, Entitled “SPI-HRCW-Hampton Roads Center West District” by Amending Section 17.3-105 Pertaining to Building and Screening Materials and Section 17.3-109 Pertaining to Green Areas and Landscaping.
28.13-0199Ordinance to Amend and Re-Enact Chapter 17.3 Special Public Interest, Article XVI of the Zoning Ordinance of the City of Hampton, Virginia, Entitled “SPI-IH-Infill Housing District” by Amending Section 17.3-123 Pertaining to the Landscape Plan.
29.13-0200Ordinance to Amend and Re-Enact Chapter 18.1 of the Zoning Ordinance of the City of Hampton, Virginia, Entitled “Signs” by Amending Section 18.1-10(1) Pertaining to Interstate/Arterial Zone and Section 18.1-11(7) Pertaining to Landscaping of Off-Premises Advertising Signs.
30.13-0201Ordinance to Amend and Re-enact Chapter 25 of the Zoning Ordinance of the City of Hampton, Virginia Entitled “Administration of Ordinance” by Amending Section 25-2.2 Pertaining to Submitted Plans and Exceptions.
31.13-0202Ordinance to Amend and Re-Enact Chapter 17.3 Special Public Interest, Article XV of the Zoning Ordinance of the City of Hampton, Virginia, Entitled “SPI-CC– Coliseum Central District” by Amending Section 17.3-117 Pertaining to Site Design.
32.13-0203Ordinance to Amend and Re-Enact Chapter 17.3 Special Public Interest, Article XIII of the Zoning Ordinance of the City of Hampton, Virginia, Entitled “SPI-HRCNC – Hampton Roads Center North Campus” by Amending Section 17.3-97 pertaining to Green Areas.
33.13-0204Ordinance to Amend and Re-Enact Chapter 17.3 Special Public Interest, Article VII of the Zoning Ordinance of the City of Hampton, Virginia, Entitled “SPI-MVC – Magruder Visual Corridor” by Amending Section 17.3-47 pertaining to Regulations on Permitted Uses.
34.13-0205Ordinance to Amend and Re-Enact Chapter 14 of the Zoning Ordinance of the City of Hampton, Virginia, Entitled “M-1 – Limited Manufacturing District” by Amending Section 14-3 Pertaining to Limitations on Permitted Uses.
35.13-0206Ordinance to Amend and Reenact Chapter 2.1 of the Zoning Ordinance of the City of Hampton, Virginia Entitled “Definitions” by Amending the Definition of “Best Management Practices” and “Development”, and by Adding the Definition of “Control Measure”, “Environmental Site Assessment” and “Stormwater” to Comply with the Virginia Stormwater Management Regulations.
36.13-0207Ordinance to Amend and Reenact Chapter 17.3, Article V of the Zoning Ordinance of the City of Hampton, Virginia Entitled “Flood Zone District” by Amending Section 17.3-32 Pertaining to the Definition of “Development” to Comply With the Virginia Stormwater Management Regulations.
37.13-0208Ordinance to Amend and Re-enact Chapter 1 of the Zoning Ordinance of the City of Hampton, Virginia Entitled “Zones and General Provisions” by Amending Section 1-21 Pertaining to Outdoor Material Storage and Adding Section 1-26 Pertaining to General Green Area Requirements.
38.13-0209Ordinance to Amend and Re-enact Chapter 17.3 Special Public Interest, Article X of the Zoning Ordinance of the City of Hampton, Virginia, Entitled “SPI-CBPD-Chesapeake Bay Preservation District” by Amending Section 17.3-64 Pertaining to Regulations for Development and Redevelopment and Section 17.3-65 Pertaining to Plan of Development.
 Resolutions
39.13-0211Resolution Authorizing the Execution of a Lease for 1,600 sq. ft. of City-owned Land Located at 300 Butler Farm Road to New Cingular Wireless, PCS, L.L.C. for a Power Equipment Compound
40.13-0213Resolution to Authorize the Acquisition, by Negotiation or Condemnation, of Partial Fee Takes and Temporary Construction Easements from a Portion of Five (5) Properties – 1514 E. Pembroke Avenue (LRSN 12003426), 1534 E. Pembroke Avenue (LRSN 12003214), Vacant Lot on Fox Hill Road (LRSN 8002742), 263 Clemwood Parkway (LRSN 8003553), and 343 Woodland Road (LRSN 12000248) -- for Safety Improvements at Three (3) Intersections: (i) E. Pembroke Avenue at Grimes Road/Shelton Road; (ii) Fox Hill Road at Clemwood Parkway; and (iii) Andrews Boulevard at Woodland Road
 General Items
 Ordinances
41.13-0229An Ordinance to Amend and Re-enact Chapter 2 of the Code of the City of Hampton, Administration, Article IV, Finance, Section 2-134, Council Approval Prerequisite to Acceptance of Certain Gifts to City, [etc.], to Provide for Specific Application to Money Gifts and Gifts in Support of Undercover Law Enforcement Investigations.
42.13-0230An Ordinance to Amend and Re-enact Chapter 2 of the Code of the City of Hampton, Administration, Article II, City Council, Division 2, Meetings, Section 2-43, Order of Business - Regular Meetings, to Require the Concurrence of Three Members of Council for Addition of Business Items to a Regular Council Meeting Agenda
43.13-0231An Ordinance to Amend and Re-enact Chapter 2 of the Code of the City of Hampton, Administration, Article II, City Council, Division 2, Meetings, Section 2-36, Place and Time for Regular Meetings, Receipt of Public Comment and Work Sessions; Cancellation of Meetings; etc. to Establish a Work Session Agenda Deadline and to Require Concurrence of Three Councilmembers for Addition of Items to the Work Session Agenda
 Appointments
44.13-0225to consider an appointment to the Board of Review of Real Estate Assessment
45.13-0233to consider appointments to the Hampton-Newport News Community Services Board
46.13-0241to consider appointments to the Grievance Panel
47.13-0235to consider an appointment to the Planning Commission
48.13-0236to consider an appointment to the Thomas Nelson Community College Board
49.13-0237to consider appointments to the Virginia Air & Space Center Board of Directors
50.13-0238to consider an appointment to the Peninsula Airport Commission
51.13-0239to consider appointments to the Hampton Parking Authority
52.13-0240to consider an appointment to the Hampton Redevelopment and Housing Authority
53.13-0242to consider appointments to the Citizens' Engagement Advisory Commission (CEAC) formerly known as the Ad Hoc Leadership Group
54.13-0243to consider an appointment to the Building Code Board of Appeals
 REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
 Miscellaneous New Business
 Adjournment