Last Publish on 6/5/2009 10:41:21 AM
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 10, 2009
7:00 PM
Randall A. Gilliland, Ross A. Kearney, II, Angela Lee Leary, Joseph H. Spencer, II, George E. Wallace, Paige V. Washington, Molly Joseph Ward, Mayor
Jesse T. Wallace Jr., City Manager
Cynthia Hudson, City Attorney
Katherine K. Glass, Clerk of Council

 CALL TO ORDER/ROLL CALL
 INVOCATION - Councilwoman Angela Lee Leary
 PLEDGE OF ALLEGIANCE TO FLAG -
 MAYOR'S COMMENTS
 CONSENT AGENDA
 Consent Items
1.09-0196Request for Refund of Erroneous Tax Abatements for 2009
2.09-0203Resolution Determining Singer Associates, Inc. to be the Only Source Practicably Available from which to Procure Warranty and Selected Proprietary Parts and Repair Service for Pierce, Medtec, PL Custom, Hurst and Centaur Fire Emergency Vehicles and Equipment and Authorizing the Negotiation and Execution of a Purchase Contract with Singer Associates, Inc. as a "Sole Source."
3.09-0216Resolution Authorizing the City of Hampton to Continue Participation in the Certified Crime Prevention Community Program.
4.09-0220Approval of the Minutes from the Afternoon and Evening meetings of May 13, 2009, and the Afternoon meeting of May 27, 2009.
5.09-0224Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Public Safety Answering Point FY2010 Grant Program Through the Virginia Wireless E-911 Services Board.
6.09-0230Resolution Accepting a Donation of 24 Flagpoles, with Silks, from the Downtown Hampton Development Partnership to the City of Hampton, Virginia.
7.09-0231Resolution Adopting the International City/County Management Association –Retirement Corporation Governmental Profit-Sharing Plan & Trust and Final Pay Plan
8.09-0241Resolution Transferring $3,500,000 from Various School Construction Accounts to School Building Maintenance and Modernization Account
9.09-0242Resolution to Forgive $25,000 of the Outstanding Balance of a Loan Between the City and the Virginia Air & Space Center.
10.09-0243Resolution to Appropriate Funds ($60,427) in the Hampton Roads Convention Center Fund to Cover Operating Expenses for the Fiscal Year Ending June 30, 2009
 PRESENTATIONS, PROCLAMATIONS, AWARDS
11.09-0246In Recognition of the 125th Anniversary of The Hampton Volunteer Fire Company
 PUBLIC HEARINGS
 Use Permit
12.09-0228Use Permit Application No. 1050 by Plaza Azteca-Hampton to construct and utilize an outdoor dining area as an accessory use to their existing restaurant located at 50 Towne Centre Way. [LRSN #4004840]
13.09-0237Use Permit Application No. 1053 by the City of Hampton to create and utilize a public park known as the “Newmarket Creek Park and Trail System.” [LRSN #13001285, 13001171 and 13001178]
14.09-0239Use Permit Application No. 1054 by Wall & Stanley, LLC to have outdoor dining as an accessory use to a restaurant located at 11 Ivory Gull Crescent at the Salt Ponds Marina. [LRSN# 12007690]
 Public Hearings and Actions Concerning Buckroe
15.09-0238Rezoning Application No. 1280 by the City of Hampton and the Hampton Redevelopment and Housing Authority (HRHA) to rezone four parcels totaling 7.81± acres from One Family Residence District (R-9), Neighborhood Commercial District (C-1), Limited Commercial District (C-2), and Special Public Interest District – Buckroe (SPI-B) to Special Public Interest – Buckroe Bayfront District (SPI-BBD) for single-family, multi-family, and mixed use commercial and residential development. The area to be rezoned consists of four parcels; the first being four City-owned lots totaling 3.96+ acres in the block bounded by North Mallory Street, Pembroke Avenue, South 2nd Street, and Point Comfort Avenue, and excluding 220 Point Comfort Avenue; the second being one City-owned lot totaling 1.36+ acres bounded by Point Comfort Avenue, South 2nd Street, Coaster Way, and South 1st Street; the third being one City-owned lot totaling 1.66+ acres bounded by South 2nd Street, Buckroe Avenue, South 1st Street, and Boardwalk Way; and the fourth consisting of an area that includes four Hampton Redevelopment and Housing Authority lots and one City-owned lot totaling .82+ acre, located on the north side of Pembroke Avenue, between North Mallory Street and South 2nd Street, and south of the first alley parallel to Pembroke Avenue at a depth of 115 feet.
16.09-0223Ordinance Authorizing the Conveyance of Property in Buckroe by the City of Hampton to POH 2010, LLC
17.09-0159Ordinance Authorizing the Transfer of Property in Buckroe by the City of Hampton to the Hampton Redevelopment and Housing Authority
18.09-0227Resolution to approve a Development Agreement between the City and POH 2010, LLC for the proposed residential development in the Buckroe area and authorize the execution and delivery thereof.
19.09-0259Resolution approving the terms of a Development Agreement by and among the City of Hampton (the "City"), the Hampton Redevelopment and Housing Authority (the "Authority") and Buckroe Beach Development, LLC, (the "Developer") and a Cooperation Agreement between the City of Hampton and the Authority, and authorizing the execution and delivery thereof for the proposed residential development in the Buckroe area.
 Ordinances
20.09-0211An Ordinance To Amend And Re-Enact Chapter 12 Of The Code Of The City Of Hampton, Virginia, Entitled, "Elections", Article II, "Precinct Boundaries", Section 12-34 To Change The Name From "Pembroke Precinct" To "Thomas Precinct".
21.09-0212An Ordinance To Amend And Re-Enact Chapter 12 Of The Code Of The City Of Hampton, Virginia, Entitled, "Elections", Article III, "Precinct Voting Places", Section 12-69 To Relocate the Voting Place in the Thomas Precinct.
22.09-0225An Ordinance To Amend The Code Of The City Of Hampton, Virginia, By Adding A New Subdivision to Chapter 37, Article III, Division 2: [Subdivision] C, Section 37-164 Relating To Separate Classification Of Machinery And Tools.
23.09-0226An Ordinance To Amend Non Coded Ordinance Number 0117 Of The City Of Hampton, Virginia, To Set The Tax Rate On Tangible Personal Property, Vehicles Without Motive Power Used Or Designed To Be Used As Manufactured Homes, Motor Vehicles Specially Equipped To Provide Transportation For Physically Handicapped Individuals, Machinery And Tools, Machinery And Tools Used Directly In The Manufacture Of Precision Investment Castings, Privately Owned Pleasure Boats And Watercraft Used For Recreational Purposes Only, Privately Owned Camping Trailers And Motor Homes As Defined In Section 46.2-100 Of The Code Of Virginia, In The City Of Hampton, Virginia, And Motor Vehicles Owned And Regularly Used By Disabled Veterans For The Calendar Year Beginning January 1, 2010 And Ending December 31, 2010.
 General Items
 Appointments
24.09-0217to consider an appointment to the Cultural Alliance of Greater Hampton Roads
25.09-0222to consider appointments to the Peninsula Airport Commission
26.09-0229to consider the appointment of Hampton's official voting member and an alternate on the Hampton Roads Transportation Planning Organization (HRTPO)
27.09-0236to consider appointments to the Hampton Neighborhood Commission
28.09-0240to consider appointments to the Citizens' Unity Commission
29.09-0248to consider appointments to the Purchasing and Procurement Oversight Committee (PPOC)
30.09-0249to consider appointments to the Board of Directors of the Virginia Air and Space Center
31.09-0250to consider an appointment to the Board of Review of Real Estate Assessments
32.09-0251to consider appointments to the H2O Community Development Authority
33.09-0252to consider an appointment to the Thomas Nelson Community College Board
34.09-0253to consider an appointment to the Building Code Board of Appeals
35.09-0254to consider appointments to the Hampton-Newport News Community Services Board
36.09-0255to consider an appointment to the Grievance Board
37.09-0256to consider appointments to the Hampton Arts Commission
38.09-0257to consider appointments to the Hampton Parking Authority
 REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
 Audiences Granted to the General Public
 Miscellaneous New Business
 Adjournment