Last Publish on 11/8/2007 12:31:24 PM
City Of Hampton, VA
22 Lincoln Street
Hampton, Va 23669

www.hampton.gov
NOTICE OF ACTION
City Council - Evening Session
Council Chambers, 8th Floor, City Hall
Wednesday, November 07, 2007
7:31:02 PM
Anderson W. Clary, Jr., Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Paige V. Washington, Ross A. Kearney, II, Mayor
Staff:
Jesse T. Wallace Jr., City Manager
Cynthia Hudson, City Attorney
Katherine K. Glass, Clerk of Council

CALL TO ORDER/ROLL CALL
INVOCATION - Anderson W. Clary, Jr.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
CONSENT AGENDA
Consent Items - Second Reading
1.07-0568AN ORDINANCE PROVIDING FOR THE EXONERATION OF CERTAIN TAXES ASSESSED AGAINST MONROE APARTMENT CORPORATION LOCATED AT FORT MONROE FOR THE FISCAL TAX YEAR 2007/2008.
ACTION: Approved items 1 thorugh 6 and 8 through 10 on the consent agenda.

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Angela Lee Leary.
Consent Items - Other
2.07-0591Resolution Approving FY08 First Quarter Budget Adjustments.
ACTION: Approved items 1 thorugh 6 and 8 through 10 on the consent agenda.

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Angela Lee Leary.
3.07-0594Resolution Regarding Development Agreements Executed by the City of Hampton Involving City Property
ACTION: Approved items 1 thorugh 6 and 8 through 10 on the consent agenda.

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Angela Lee Leary.
4.07-0599Resolution Authorizing the Creation of a Separate Entity Exempt from Federal Taxation Under IRS Section 501(c)(3) to Solicit Private Funding to Support the Hampton Teen Center.
ACTION: Approved items 1 thorugh 6 and 8 through 10 on the consent agenda.

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Angela Lee Leary.
5.07-0613Approval of City Council Minutes from meeting of October 1, 2007, and special, afternoon and evening sessions of October 24, 2007.
ACTION: Approved items 1 thorugh 6 and 8 through 10 on the consent agenda.

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Angela Lee Leary.
6.07-0614Resolution Approving the City of Hampton, Virginia’s Participation and Appropriation of the 2007 NFL Youth Footbal Grant through Hampton Parks and Recreation Department’s Athletic Division, through National Recreation and Park Association.
ACTION: Approved items 1 thorugh 6 and 8 through 10 on the consent agenda.

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Angela Lee Leary.
7.07-0615Resolution Determining John Quarstein To Be The Only Source Practicably Available From Which To Procure Specialized Hampton Historian Services And Authorizing The Negotiation And Execution Of a Service Contract With John Quarstein
ACTION: Approved - Gerri L. Hollins and Joan Charles spoke in opposition to this resolution.

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Charles N. Sapp.
8.07-0620Request for refund of erroneous tax assessments for 2007.
ACTION: Approved

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Charles N. Sapp.
9.07-0621Resolution Accepting and Appropriating a Computer Technology Upgrade Grant from Praxiar, Inc. in the Amount of $5,000.
ACTION: Approved items 1 thorugh 6 and 8 through 10 on the consent agenda.

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Angela Lee Leary.
10.07-0622Resolution Appropriating $100,000 from the General Fund to Hampton Industrial Development Authority for the Virginia Phillpot Manufacturing Extension Partnership (VPMEP).
ACTION: Approved items 1 thorugh 6 and 8 through 10 on the consent agenda.

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Angela Lee Leary.
PRESENTATIONS, PROCLAMATIONS, AWARDS
11.07-0612In Recognition of Mia Raley Williams, Joseph Hill and Erin Shelby Gainer
ACTION: Presented by Councilwoman Leary. Retired Battalion Chief Ernest Hale and Company Chief John Sizemore of the Phoebus Fire Company also participated in the presentation.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
PUBLIC HEARINGS
Other Public Hearing
12.07-0592PUBLIC HEARING regarding the lease of 1600 square feet behind the Fire Station at 1590 Briarfield Road to New Cingular Wireless PCS, LLC for a communications tower pursuant to the authority set forth in Sec. 15.2-1800 of the Code of Virginia of 1950, as amended.
ACTION: Held Public Hearing
13.07-0593Resolution Regarding the Execution of a Lease of 1600 Square Feet Behind the Fire Station at 1590 Briarfield Road to New Cingular Wireless PCS, LLC
ACTION: Adopted on First Reading

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Charles N. Sapp.
Rezonings - First Readings
14.07-0605Rezoning Application No. 1263 by Devon M. Goyert to rezone property at 705 Beach Road from Neighborhood Commercial District (C-1) to One Family Residence District (R-9) for an existing single-family home. (LRSN# 10000489)
ACTION: Presented by Christopher Dyser, City Planner.
ACTION: Held Public Hearing - James Chesson spoke in support of the rezoning.
ACTION: Approved on First Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
15.07-0606Rezoning Application No. 1256 by Allen C. Tanner, Jr. to rezone a total of 0.26+/- acres at 413 [LRSN #2003550], 414 [LRSN #2003566], 419 [LRSN #2003553] Reed Street from General Commercial District (C-3) to One-Family District (R-9) for existing single-family residences.
ACTION: Presented by Donald Whipple, Senior Planner.
ACTION: Held Public Hearing - Allen C. Tanner, Jr. spoke in support of the issue.
ACTION: Approved on First Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
16.07-0611Zoning Ordinance Amendment to amend Chapter 13, General Commercial (C-3) District to require a Use Permit for mini-storage facilities.
ACTION: Presented by Stephanie Mertig, Senior City Planner.
ACTION: Held Public Hearing
ACTION: Approved on First Reading

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Angela Lee Leary.
Use Permit
17.07-0607Use Permit Application No. 1032 by Colonial Downs, LP to amend condition No. 6 of Use Permit No. 914 which currently restricts the height of free standing signs to twelve feet at 1909 Commerce Way, (LRSN# 7001267).
ACTION: Presented by Michael Hayes, City Planner.
ACTION: Held Public Hearing - Lindsey Carney briefly spoke.
ACTION: Deferred (12/19/2007)

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
18.07-0608Use Permit Application No. 1026 by Glen Hampton on behalf of Cingular Wireless, Inc. to permit a new 160’ monopole tower and associated compound at 28 Dandy Point Road, (LRSN# 10000657).
ACTION: Presented by James Freas, Senior City Planner.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Charles N. Sapp.
19.07-0609Use Permit Application No. 1033 by Hampton University for a biomedical research facility as a university use on 0.62+ acres at 31, 35, and 37 (LRSN #12001085, 12001086, and 12001087) Tyler Street zone One Family Residence (R-11) District.
ACTION: Presented by Michael Hayes, City Planner.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Randall A. Gilliland.
Conditional Privilege
20.07-0610Conditional Privilege Application No. 91 by Peninsula 24, Inc. to utilize an existing occupied building at 1920 E. Pembroke Avenue as a Private Club for recovering substance abusers.(LRSN # 12004047)
ACTION: Presented by Christopher Dyser, City Planner.
ACTION: Held Public Hearing - Jeff McIntyre, Chairman of the Board, briefly spoke.
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
Ordinances - First Readings
21.07-0600AN ORDINANCE TO AMEND CHAPTER 35, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “SUBDIVISIONS” SECTIONS 35-1, 35-23, 35-45 AND 35-118.
ACTION: Presented by James Freas, Senior City Planner. One presentation was made on items #21 through #25.
ACTION: Held Public Hearing - one public hearing was held on items #21 through #25 and nine (9) individuals spoke in support of the ordinances.
ACTION: Deferred (12/19/2007)

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Charles N. Sapp.
22.07-0601AN ORDINANCE TO AMEND CHAPTER 17, OF THE ZONING CODE OF THE CITY OF HAMPTON, VIRGINIA, ARTICLE X, SPI-CBPD: CHESAPEAKE BAY PRESERVATION DISTRICT, SECTIONS 17.3-60 AND 17.3-64.
ACTION: Presented by James Freas, Senior City Planner. One presentation was made on items #21 through #25.
ACTION: Held Public Hearing - one public hearing was held on items #21 through #25 and nine (9) individuals spoke in support of the ordinances.
ACTION: Deferred (12/19/2007)

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Charles N. Sapp.
23.07-0602AN ORDINANCE TO AMEND CHAPTER 33.1, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “STORMWATER MANAGEMENT” SECTIONS 33.1-4, 33.1-7, 33.1-8.1 AND 33.1-9.
ACTION: Presented by James Freas, Senior City Planner. One presentation was made on items #21 through #25.
ACTION: Held Public Hearing - one public hearing was held on items #21 through #25 and nine (9) individuals spoke in support of the ordinances.
ACTION: Deferred (12/19/2007)

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Charles N. Sapp.
24.07-0603AN ORDINANCE TO AMEND CHAPTER 9, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "BUILDING AND DEVELOPMENT REGULATIONS.” SECTIONS 9-1 AND 9-142.
ACTION: Presented by James Freas, Senior City Planner. One presentation was made on items #21 through #25.
ACTION: Held Public Hearing - one public hearing was held on items #21 through #25 and nine (9) individuals spoke in support of the ordinances.
ACTION: Deferred (12/19/2007)

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Charles N. Sapp.
25.07-0623Amendment to the Zoning Map.
ACTION: Presented by James Freas, Senior City Planner. One presentation was made on items #21 through #25.
ACTION: Held Public Hearing - one public hearing was held on items #21 through #25 and nine (9) individuals spoke in support of the ordinances.
ACTION: Deferred (12/19/2007)

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Charles N. Sapp.
General Items
Appointments
26.07-0598to consider an appointment to the Athletic Hall of Fame Committee
ACTION: Appointed James A. "Poo" Johnson in the place of Buddy Denton to serve for four (4) induction cycles.

MOVER: Councilmember Paige V. Washington.
27.07-0624Resolution Designating PRECON Marine, Inc. as the Sole Source to Construct the Substructure (concrete pilings, pile caps and beams) for the Buckroe Fishing Pier and Authorizing the Execution of the Construction Contract for the Substructure.
ACTION: Approved

MOVER: Councilmember Charles N. Sapp.
SECONDER: Councilmember Paige V. Washington.
Audiences Granted to the General Public
  Bob Jordan spoke on an issue he has with selling a trailer. Frank Ottofaro spoke about his property on Pine Chapel Road. H. O. Malone spoke requesting an amendment with respect to the Fort Monroe Federal Area Development Authority.
Miscellaneous New Business
Adjournment