Last Publish on 9/11/2008 12:56:41 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, September 10, 2008
7:29:50 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
Staff:
Jesse T. Wallace Jr., City Manager
Cynthia Hudson, City Attorney
Katherine K. Glass, Clerk of Council

CALL TO ORDER/ROLL CALL
INVOCATION - Councilwoman Leary
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
CONSENT AGENDA
Consent Items
1.08-0366Resolution Appropriating Funds for Uncompleted Capital Projects funded with General Funds, Stormwater Funds, and Economic Development Funds.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
2.08-0372Resolution Approving Fourth Quarter Budget Adjustments for FY08
ACTION: Approved items 2 through 7 and 9 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember George E. Wallace.
3.08-0374Approval of the minutes from the City Council retreat of August 18, 2008, and the afternoon and evening sessions of August 20, 2008.
ACTION: Approved items 2 through 7 and 9 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember George E. Wallace.
4.08-0376Request for Refund of Erroneous Tax Abatements for 2005, 2006, 2007, and 2008.
ACTION: Approved items 2 through 7 and 9 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember George E. Wallace.
5.08-0379Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Highway Safety Grant Program through the Commonwealth of Virginia Division of Motor Vehicles.
ACTION: Approved items 2 through 7 and 9 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember George E. Wallace.
6.08-0383Resolution Designating New World Systems Corporation to be the Only Source Practicably Available from which to Procure an Upgrade to the City Financial System and Authorizing the Execution of a Contract with New World Systems Corporation for the Purchase of the System Upgrade.
ACTION: Approved items 2 through 7 and 9 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember George E. Wallace.
7.08-0387AN ORDINANCE TO AMEND CHAPTER 5 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “ANIMALS” TO UPDATE THE CITATION TO THIS VIRGINIA CODE.
ACTION: Approved items 2 through 7 and 9 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember George E. Wallace.
8.08-0390Resolution of the City Council of the City of Hampton, Virginia Authorizing the Creation of the Hampton E-Commerce Grant Program and Appropriating $30,000 from the Uncommitted Funds Allocated to the VECTEC Grant Program to Fund the Hampton E-Commerce Grant Program
ACTION: Approved At the request of Councilwoman Leary, Dan Girouard, Asset Manager, provided additional information.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
9.08-0395Resolution Concurring that the Hampton Roads Regional Jail May Provide Enhanced VRS Benefits for Hazardous Duty Positions
ACTION: Approved items 2 through 7 and 9 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember George E. Wallace.
PRESENTATIONS, PROCLAMATIONS, AWARDS
10.08-0367Proclamation Proclaiming September 2008 as Recovery Month
ACTION: Presented by Councilman George Wallace to John Haywood and Kenneth McCallum.
11.08-0401Proclaiming September 11, 2008 as A Day of Remembrance and Hope.
ACTION: Presented by Councilwoman Angela Leary to Lt. Col. Lee A. Lewis, Sr., U.S. Army Retired, and Nia Childs, both members of Hampton's Military Affairs Committee.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
PUBLIC HEARINGS
Rezonings - First Readings
12.08-0391Rezoning Application No. 1272 by Oxford Hampton Partners, LLC To Amend Proffers from the Rezoning Application #1189 to Change the For-Sale Units to For-Rent Uses Within the Second Phase of Oxford Trail Development, to Proffer a New Site Plan layout Prepared by Corcoran/Ota Dated August 27, 2007 and to Proffer New Elevations Prepared by Corcoran/Ota . [LRSN # 13001406]
ACTION: Deferred (10/8/2008)

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember George E. Wallace.
13.08-0392Rezoning Application No. 1268 by City of Hampton to rezone 2.67± acres located along Reed Street and Harrison Street from General Commercial District (C-3) to One Family Residence District (R-9).
ACTION: Presented by Caroline Butler, Chief Planner.
ACTION: Held Public Hearing
ACTION: Approved on First Reading

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
Conditional Privilege
14.08-0377Conditional Privilege Application No. 93 by Wilbur and Brenda Hendrix to allow live entertainment at Mallory’s Restaurant located at 1565 Briarfield Road (LRSN # 3005371). The 0.5450± acre property is zoned Neighborhood Commercial District (C-1).
ACTION: Presented by Christopher Dyser, City Planner. The City Manager also provided information.
ACTION: Held Public Hearing
ACTION: Denied

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember George E. Wallace.
Ordinances - First Readings
15.08-0375Zoning Ordinance Amendment by the City of Hampton to allow nursing homes, with a Use Permit, in the Multiple Dwelling Districts (MD-2, MD-3 and MD-4).
ACTION: Presented by Caroline Butler, Chief Planner.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
16.08-0378Zoning Ordinance Amendment by the City of Hampton to amend Chapter 17.3 Article X (Special Public Interest - Chesapeake Bay Preservation District, SPI-CBPD) of the Zoning Ordinance to correct a citation.
ACTION: Held Public Hearing
ACTION: Adopted on First Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
17.08-0384AN ORDINANCE TO AMEND CHAPTER 9, ARTICLE IV, SECTION 9-131 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “BUILDING AND DEVELOPMENT REGULATIONS” TO CORRECT A CITATION.
ACTION: Held Public Hearing
ACTION: Adopted on First Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
18.08-0385AN ORDINANCE TO AMEND CHAPTER 35, 35-1, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “SUBDIVISIONS” TO CORRECT A CITATION.
ACTION: Held Public Hearing
ACTION: Adopted on First Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
19.08-0386AN ORDINANCE TO AMEND CHAPTER 33.1-4 (5) OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “STORMWATER MANAGEMENT” TO CORRECT A CITATION.
ACTION: Held Public Hearing
ACTION: Adopted on First Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
General Items
Ordinances - Second Reading
20.08-0337Ordinance 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.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
21.08-0353Zoning 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.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
22.08-0354Zoning 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.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
23.08-0355Amendment of Zoning Ordinance, Chesapeake Bay Preservation District 17.3-64 2 b (iii) (3)
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember George E. Wallace.
Ordinances - First Reading
24.08-0388AN ORDINANCE TO AMEND CHAPTER 5 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “ANIMALS” BY ADDING THERETO A NEW ARTICLE VII ENTITLED “CANINE HYBRIDS.”
ACTION: Adopted on First Reading

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Randall A. Gilliland.
Appointments
25.08-0371to consider the appointment of a Council liaison to the Military Affairs Committee.
ACTION: Appointed Councilwoman Angela Leary.

MOVER: Councilmember Angela Lee Leary.
26.08-0373to consider an appointment to the Board of Directors of the Peninsula Agency on Aging, Inc.
ACTION: Reappointed William C. Baker for a term from October 1, 2008, through September 30, 2011.

MOVER: Councilmember Angela Lee Leary.
27.08-0381Appointment of the City Manager to serve on the Hampton Roads Planning District Commission.
ACTION: Reappointed Jesse T. Wallace, Jr. to the Hampton Roads Planning District Commission. Councilman Randy Gilliland will serve as Hampton's designee to the Executive Committee and Metropolitan Planning Organization.

MOVER: Councilmember Angela Lee Leary.
28.08-0382to consider the appointment of an alternate to the Hampton Roads Tunnel Advisory Committee.
ACTION: Appointed Mayor Molly Joseph Ward.

MOVER: Councilmember Angela Lee Leary.
Other Items
29.08-0398Resolution Of The Council Of The City Of Hampton, Virginia, Confirming The Declaration Of A Local Emergency Made Necessary By Tropical Storm Hanna, Which Was Declared By The City Manager/Hampton Director Of Emergency Management On September 5, 2008.
ACTION: Moved to to add a resolution concerning the recent declaration of a local emergency to the agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Randall A. Gilliland.
ACTION: Approved as amended - language was added amending the Resolution to add a termination of the state of emergency as of 6 p.m. on September 8, 2008.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Angela Lee Leary.
Audiences Granted to the General Public
  B. K. Allen spoke on the need for a new elementary school in Buckroe.

Robert W. Nuckles spoke on unlocking transportation gridlock.

Frank J. Ottofaro spoke on the taking of his property on Pine Chapel Road.

Dr. Theodore Rieff spoke on handicapped accessibility issues and requested a written reply on why it took 14 months for the City to provide information he requested with respect to assessments.
Miscellaneous New Business
  Councilwoman Leary thanked her husband for the gift of a dog tag inscribed with Hope and the saying, "Learn from Yesterday, Live for Today, and Hope for Tomorrow." She invited citizens to participate tomorrow at 8 a.m. at Gosnold's Hope Park to assist with the reading of the names in connection with a Day of Remembrance and Hope.
Adjournment