Last Publish on 8/14/2008 9:38:50 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, August 20, 2008
7:30 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
Brenda J. Vaccarelli, Deputy Clerk

 CALL TO ORDER/ROLL CALL
 INVOCATION - Councilman Kearney
 PLEDGE OF ALLEGIANCE TO FLAG -
 MAYOR'S COMMENTS
 CONSENT AGENDA
 Second Reading
1.08-0296AN ORDINANCE TO AMEND CHAPTER 36, SECTION 36-4 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “SWIMMING POOLS.”
2.08-0302AN ORDINANCE TO AMEND CHAPTER 5, SECTIONS 5-2, 5-42, 5-77 AND 5-88 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "ANIMALS."
 Consent Items
3.08-0318Resolution Appropriating $496,622 in FY09 State Highway Maintenance Funds to the Capital Budget for Road Resurfacing.
4.08-0323Approval of Minutes from the Afternoon and Evening Meetings of Council held on July 16, 2008.
5.08-0324Request for Refund of Erroneous Tax Abatements for 2005, 2006, 2007 and 2008.
6.08-0326Affirmation of Authorization to Pick Up the Employee’s Contribution to the Virginia Retirement System (VRS) for the City of Hampton, 55207 under Section 414(h) of the Internal Revenue Code.
7.08-0328Resolution Approving the City of Hampton, Virginia’s Participation and Appropriation of the Department of Criminal Justice Services Grant through the Commonwealth of Virginia.
8.08-0329Resolution Approving the City of Hampton, Virginia’s Participation and Appropriation of the Criminal Justice Information Technology Improvement Grant, Department of Criminal Justice Services (DCJS) through the Commonwealth of Virginia.
9.08-0330Resolution Approving the City of Hampton, Virginia's Participation and Appropriation in the 2009 Homeless Intervention Program through the Hampton Department of Human Services from the Virginia Department of Housing and Community Development.
10.08-0332Resolution Accepting and Appropriating Funds for the FY2009 Comprehensive Services Act Pool Funds.
11.08-0335Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2008-2009 Victim-Witness Program Grant from the Department of Criminal Justice Services.
12.08-0336Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Opportunity Online Hardware Support Grant through the Hampton Public Library from the Library of Virginia.
13.08-0339Resolution Approving the City of Hampton, Virginia's Participation in the Alcohol Safety Action Program.
14.08-0343FY08 Fourth Quarter Budget Adjustments
15.08-0344Resolution Authorizing the City Manager to Proceed with the Acquisition of Real Property Known as the Property of Francine C. Corey off Pine Chapel Road and to Appropriate $665,000.00 from the fund Balance of the City’s Economic Development Fund to fund the acquisition.
16.08-0345Resolution Authorizing the Re-Appropriation of $225,404.00 from the General Fund Balance to the Hampton Redevelopment and Housing Authority's Hampton Business Incentives Corporation.
17.08-0346Resolution Authorizing the City Manager or his Designee to Execute a Mutual Aid Agreement Between Hampton and the Navy (Regional Public Safety, Navy Region Mid-Atlantic Division) for Fire and Rescue Services Including Medical Services.
18.08-0347Resolution Authorizing The Mayor To Permit Use By The Clerk Of Council of The Mayor's Facsimile Signature On Adopted Ordinances And Resolutions Of The Hampton City Council
 PRESENTATIONS, PROCLAMATIONS, AWARDS
 REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
 PUBLIC HEARINGS
 Rezonings - Second Reading
19.08-0278Rezoning Application No. 1271 by Charles J. and Kathleen Powell to Rezone a 0.20± Acre Lot at 625 Celey Street (LRSN# 1002283) from Neighborhood Commercial District (C-1) to One Family Residence District (R-9) for an Existing Single-family Home.
 Rezonings - First Readings
20.08-0353Zoning Ordinance Amendment by the City of Hampton to amend Chapter 11 (Neighborhood Commercial District, C-1) of the Zoning Ordinance to allow outdoor dining at restaurants with an approved Use Permit.
21.08-0354Zoning Ordinance Amendment by the City of Hampton to amend Chapter 17.2 (Langley Flight Approach-Mixed-Use District M-5A) § 2-3 (h) of the Zoning Ordinance to change the ownership types of recreational centers, a permitted use in this District.
22.08-0355Amendment of Zoning Ordinance, Chesapeake Bay Preservation District 17.3-64 2 b (iii) (3)
 Use Permit
23.08-0340Use Permit Application No. 1041 by Cellco Partnership d/b/a Verizon Wireless to Amend the Tower height Condition from Approved Use Permit #767. The Proposed Condition will Change the Maximum Height from 150’ to 160’ (not including the 4’ lightning rod). The Property is Located at 6 Shuttle Court (LRSN# 6001169) and is Approximately .41 ± acres.
 Ordinances - First Readings
24.08-0337Ordinance authorizing the transfer from the City of Hampton to the Hampton Redevelopment and Housing Authority (“HRHA”) three parcels of land:1) one parcel (a parking lot) consisting of 6,682 square feet located on Kings Way and 2) two parcels consisting of 2,912 square feet and 6,719 square feet respectively, located on West Queens Way.
 General Items
 Ordinances
25.08-0364“An ordinance to amend Chapter Seven, Article II, of the Code of the City of Hampton, entitled “Boating Skiing, and Surfing” by repealing Section 7-26 “Speed limit in portion of Hampton River and in Sunset Creek”, amending and reenacting Section 7-30 “Boating, skiing, etc., prohibited in marked swimming areas” and by adding thereto a new section 7-36 entitled “No Wake Zones”.
 Resolutions
26.08-0315Resolution Authorizing the City Manager to Implement Certain Redevelopment Initiatives of the Buckroe Master Plan to Include Acquisition of Certain Strategic Properties, Streetscaping and Other Infrastructure Improvements, and Appropriating $6,800,000 from the Undesignated Fund Balance of the City’s General Fund.
27.08-0348Resolution Authorizing The City Manager To Implement The Streetscaping And Related Infrastructure Improvements Of The Buckroe Master Plan Redevelopment Initiative And Appropriating $1,500,000 From Bond Interest To Fund The Improvements.
28.08-0351A Resolution Authorizing the City Manager to Implement Certain Redevelopment Initiatives of the Buckroe Master Plan by Acquisition of Certain Strategic Properties, and Appropriating $1,500,000 from Undesignated Fund Balance for Property Acquisitions.
 Appointments
29.08-0322to consider an appointment to the Parks and Recreation Advisory Board
30.08-0325to consider an appointment to the Hampton Arts Commission.
31.08-0331to consider appointments to the Purchasing and Procurement Oversight Committee.
32.08-0333to consider appointments to the Golf Course Advisory Committee.
33.08-0365to consider appointments to the Planning Commission.
34.08-0021to consider appointments to Hampton’s 2010 Celebration Committee
35.08-0113to consider appointments to the Hampton Federal Area Development Authority.
36.08-0258to consider the appointment of an alternate to the H2O Community Development Authority.
37.08-0314to consider appointment of Council liaisons to various Boards, Commissions and Committees.
 Audiences Granted to the General Public
 Miscellaneous New Business
 Adjournment