Last Publish on 12/8/2005 12:52:11 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 09, 2005
7:24:18 PM
Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Turner M. Spencer, Rhet Tignor, Ross A. Kearney, II, Mayor
Staff:
Jesse T. Wallace Jr., City Manager
A. Paul Burton, City Attorney
Katherine K. Glass, Clerk of Council

CALL TO ORDER/ROLL CALL
INVOCATION - Rhet Tignor
  Given by Councilman Rhet Tignor.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  The Mayor introduced Jim Baugh who spoke concerning the upcoming Get Hooked on Hampton Rockfish Tournament which will take place on November 19, 2005.
CONSENT AGENDA
Consent Items - Second Reading
1.05-0636A Resolution appropriating funds for Uncompleted Capital Projects funded with General Funds, Stormwater Funds and Economic Development Funds.
ACTION: Approved Items 1, 2 and 11 through 16 on the Consent Agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
2.05-0657Armistead Avenue/Link Road Improvements (Phase 1A) - Engineering Services Project No: 02-018
ACTION: Approved Items 1, 2 and 11 through 16 on the Consent Agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
Consent Items - Other
3.05-0698Proposed acquisition of three parcels of property, known as 200 Point Comfort (Todds Cottages) from Todd’s Cottages, L.C., 1706 North Mallory Street (Golden Sands) from Golden Sands Motel, L.C., and 216 Point Comfort Avenue, from Donald W. Sowalskie and Suji M. Sowalskie.
ACTION: Approved Items 3 through 10 on the Consent Agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
  Jimmy Eason, Director of Economic Development, made a presentation concerning the acquisition of property in the Buckroe area.
4.05-0690Proposed acquisition of property, known as 223 and 227 Seaboard Avenue, also known as Luke’s Cottages, from Leslie W. Saylor.
ACTION: Approved Items 3 through 10 on the Consent Agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
5.05-0691Proposed acquisition of property, known as 314/316 2nd Street South, from Banyo Ndanga.
ACTION: Approved Items 3 through 10 on the Consent Agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
6.05-0687Proposed acquisition of property, known as 315 2nd Street South, from BBC Partners by Francis G. Binder and Sylvia G. Carmel.
ACTION: Approved Items 3 through 10 on the Consent Agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
7.05-0680Proposed acquisition of property, known as 252 Seaboard Avenue, from Terry J. Gunnels and Shirley Gunnels.
ACTION: Approved Items 3 through 10 on the Consent Agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
8.05-0679Proposed acquisition of property, known as 300 Second Street South, from Mary Elizabeth Green also known as Elizabeth B. Green.
ACTION: Approved Items 3 through 10 on the Consent Agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
9.05-0684Proposed acquisition of property, known as 310 2nd Street South, from Billie P. Einselen.
ACTION: Approved Items 3 through 10 on the Consent Agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
10.05-0681Proposed acquisition of property, known as 210 Point Comfort Avenue, from Timothy A. Joyce and Janet A. Joyce.
ACTION: Approved Items 3 through 10 on the Consent Agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
11.05-0683Proposed acquisition of property, known as 530 Armistead Avenue N, from Ronald A. Simon and Shirley A. Simon.
ACTION: Approved Items 1, 2 and 11 through 16 on the Consent Agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
12.05-0682Resolution (a) finding that the Hampton Coliseum Mall area of the City of Hampton is deteriorating and may be eligible for conservation; (b) directing the Hampton Redevelopment and Housing Authority (the “Authority”) to investigate such area and prepare a conservation plan; and (c) scheduling a public hearing to consider adoption of the conservation plan prepared by the Authority.
ACTION: Approved Items 1, 2 and 11 through 16 on the Consent Agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
13.05-0685Resolution scheduling a public hearing on the question of adoption and approval of an ordinance creating the “Peninsula Town Center Community Development Authority” in the Coliseum Central area of the City of Hampton.
ACTION: Approved Items 1, 2 and 11 through 16 on the Consent Agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
14.05-0664Resolution establishing policy for enhancements of transit stops within the City of Hampton
ACTION: Approved Items 1, 2 and 11 through 16 on the Consent Agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
15.05-0689Temporary Nonexclusive Revocable License Agreement between the City of Hampton and Telcove of Virginia, LLC
ACTION: Approved Items 1, 2 and 11 through 16 on the Consent Agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
16.05-0701Approval of minutes from afternoon and evening sessions of October 12, 2005, October 26, 2005, and from special meeting of October 31, 2005.
ACTION: Approved Items 1, 2 and 11 through 16 on the Consent Agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
PRESENTATIONS, PROCLAMATIONS, AWARDS
17.05-0667In Recognition of Alexis Hammond and Giana Aponte
ACTION: Presented by Councilmember Charles Sapp.
18.05-0674In Recognition of the 90th Birthday of Mary E. Johnson
ACTION: Presented by Vice Mayor Joseph Spencer.
19.05-0702Proclamation - GIRLS, INCORPORATED 500 PEOPLE OF INFLUENCE WEEK
ACTION: Presented by Councilmember Tignor.
20.05-0703Proclamation - In Memory of Robert W. Annette
ACTION: Moved to remove items 20, 21 and 22 from the agenda in that Councilwoman Leary will be personally delivering these proclamations to the families.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Joseph H. Spencer, II.
21.05-0704Proclamation - In Memory of Joseph R. Struhar
ACTION: Moved to remove items 20, 21 and 22 from the agenda in that Councilwoman Leary will be personally delivering these proclamations to the families.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Joseph H. Spencer, II.
22.05-0705Proclamation- In Memory of Tom Tiller
ACTION: Moved to remove items 20, 21 and 22 from the agenda in that Councilwoman Leary will be personally delivering these proclamations to the families.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Joseph H. Spencer, II.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
PUBLIC HEARINGS
Rezonings - Second Reading
23.05-0651Rezoning Application No.1202 by William Cowardin to rezone 1.15+/- acres at the southeast corner of East Pembroke Avenue and Woodland Road from One-Family Residence District (R-9) and Limited Commercial District (C-2) to Limited Commercial District (C-2) for the development of a gas station, convenience store, and retail uses as part of the Buckroe Village development.
ACTION: Adopted on Second and Final Reading - subject to eighteen (18) conditions.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Vice Mayor Joseph H. Spencer, II.
Rezonings - First Readings
24.05-0646Rezoning Application No.1209 by Tysinger Real Estate to rezone 5.5+/- acres at the northeast intersection of Hampton Roads Center Parkway and Magruder Boulevard from One Family Residence District (R-11) to Limited Commercial District (C-2) to allow the expansion of a new car dealership.
ACTION: Adopted on First Reading - subject to two (2) conditions.

MOVER: Councilmember Turner M. Spencer.
SECONDER: Councilmember Randall A. Gilliland.
25.05-0669Rezoning Application No.1208 by Charles A. Huffman, III to rezone two parcels totaling 1.17+/- acres from One Family Residence (R-13) District to Multiple Dwelling Townhouse (MD-T) District to develop up to nine (9) fee simple townhouses.
ACTION: Adopted on First Reading with the proviso that the parties get together and negotiate to get to an agreement on the points raised and have an agreement by the time it comes to Council for a second vote.

MOVER: Councilmember Charles N. Sapp.
SECONDER: Councilmember Rhet Tignor.
26.05-0670Rezoning Application No.1212 by Ocean Properties to rezone 1.466+/- acres at 23 Water Street from Limited Commercial District (C-2) and One Family Residence District (R-13) to solely Limited Commercial District (C-2) for the purpose of constructing a mixed use structure, having multi-family dwelling units and a commercial restaurant.
ACTION: Adopted on First Reading - subject to seven (7) conditions.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
27.05-0671Rezoning Application No.1214 by AAAA Self Storage to rezone 1.94 +/- acres at the southeast intersection of Mercury Boulevard and North King Street from Neighborhood Commercial District (C-1) to General Commercial District (C-3) for the construction of a multi-story self storage facility.
ACTION: Denied

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Turner M. Spencer.
  The Mayor recessed the meeting for five minutes.
  ACTION: Moved to extend the meeting beyond the 11 p.m. time limit.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
28.05-0672Rezoning Application No.1218-A by the City of Hampton to rezone approximately 0.1+/-+ acres at 731 Pennsylvania Avenue from General Commercial District (C-3) to One-Family Residential District (R-9) to permit the use and construction of single family homes.
ACTION: Adopted on First Reading

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Turner M. Spencer.
29.05-0694Rezoning Application No. 1216 by Advantis/GVA and the Hampton Industrial Development Authority to rezone approximately 6.2+/- acres of property located at 2501 58th Street from Heavy Manufacturing District (M-3) to General Commercial District (C-3) for a gas station and flexible commercial space.
ACTION: Adopted on First Reading - subject to three (3) conditions.

MOVER: Councilmember Turner M. Spencer.
SECONDER: Councilmember Angela Lee Leary.
Conditional Privilege
30.05-0673Conditional Privilege Application No. 83 by Luis Otero to allow for live entertainment at La Bodega located at 22 Wine Street.
ACTION: Approved - subject to nine (9) condition.s

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
Ordinances - First Readings
31.05-0676an Ordinance to Impose a Tax on Commercial Properties within the Downtown Hampton Business Improvement District
ACTION: Adopted on First Reading
32.05-0696An ordinance to impose a tax on commercial properties within the Coliseum Central Business Improvement District
ACTION: Adopted on First Reading
General Items
Initial Item
33.05-0596Presentation of Petitions in Opposition to the Bayfront Initiative of the Buckroe Master Plan
ACTION: Moved to establish a committee of eight persons to work with planning Staff and one Planning Commissioner to meet and report back in sixty (60) days or the second week of January, 2006, on additional land uses or no land use. UDA may participate and the voting members shall be comprised of four Green Space members and four members of the Buckroe Civic Association and one Planning Commissioner.

Prior to Councilwoman Leary's motion representatives of the Green Space Gals presented a compact disc containing a record of the signatures of 9,312 citizens opposed to the Bayfront Initiative portion of the Buckroe Master Plan.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Charles N. Sapp.
Ordinances
34.05-0637Ordinance to amend and re-enact section 37-96 of the Code of the City of Hampton, Virginia, pertaining to the “exemption of rehabilitated commercial or industrial real estate”.
ACTION: Adopted on Second and Final Reading
35.05-0686Ordinance to enact the City of Hampton Enterprise Zone Incentives Program.
ACTION: Adopted on First Reading
Appointments
36.05-0675consider appointments to the Senior Citizens Advisory Board
ACTION: Appointed Bill Baker and James E. Hinton.
37.05-0695consideration of an appointment to the Rental Inspection Program Oversight Committee
ACTION: Appointed Jose Ortiz.

MOVER: Councilmember Rhet Tignor.
38.05-0697consideration of appointments to the Coliseum Advisory Committee
ACTION: Appointed Jerome Gordon, Rita White, and William E. Brown
39.05-0700consideration of appointment to the Wetlands Board
ACTION: Appointed Lillian Bellamy.
Other Items
40.05-0699Appeal of Denial of Certificate of Public Convenience and Necessity by Jachin Chandler
ACTION: Deferred (1/11/2006) The appellant's attorney, Kevin Shea, requested a continuance of this matter.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Turner M. Spencer.
Audiences Granted to the General Public
  Teresa Roundy thanked the City for filing charges in connection with * Cemetery.

Frank J. Ottafarro spoke concerning the taking of his property on Pine Chapel Road and requested the cost of the fence on C. C. Spaulding Drive.

Rudy Langford spoke about his 20 years of challenging City Council when he disagrees with their decisions. He also spoke about the Coalition for Justice addressing Council on October 26, 2005, with respect to employee terminations.

Carroll Johnson spoke about the termination of former City Manager George Wallace, the attempted recall of Councilman Gilliland, and the rising assessments.
Miscellaneous New Business
Adjournment