Last Publish on 3/20/2009 6:11:59 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, March 11, 2009
7:08:42 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 - Councilman George E. Wallace
  The invocation was given by Councilman George Wallace.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Ward welcomed members of Boy Scout Troop 915 who are sponsored by Bethany United Methodist Church.
CONSENT AGENDA
Consent Items
1.09-0066Approval of the Minutes from the afternoon and evening session of the Hampton City Council meetings on February 11, 2009, and from the budget work session of February 25, 2009.
ACTION: Approved items 1 and 3 through 6 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
2.09-0060Resolution Transferring Funds with the Capital Budget and Appropriating Revenues in the Economic Development Fund.
ACTION: Moved to to remove the $700,000 allocation to the New American Theater and the $1.5 M allocation for Buckroe property acquisitions from this resolution and vote upon each of them separately.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
ACTION: Approved resolution without modification.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
3.09-0070Request for Refund of Erroneous Tax Abatements for 2009
ACTION: Approved items 1 and 3 through 6 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
4.09-0068Resolution Regarding the Execution of a Deed of Easement to the City of Newport News, Virginia for a Water Pipeline Across City of Hampton Property Located on N. Armistead Avenue
ACTION: Approved items 1 and 3 through 6 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
5.09-0071Resolution Regarding the Execution of a Deed of Lease with the Commonwealth of Virginia, Department of General Services for 1,364 Square Feet of Office Space at the Hampton Fire Training Center Located at 1300 Thomas Street
ACTION: Approved items 1 and 3 through 6 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
6.09-0092Resolution Approving the City of Hampton, Virginia's Acceptance and Appropriation of the 2008 Pre-Disaster Mitigation Grant from the Federal Emergency Management Agency Through the Virginia Department of Emergency Management.
ACTION: Approved items 1 and 3 through 6 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
7.09-0097Resolution Approving the Terms of a Cooperation Agreement Between the City of Hampton and Hampton Teen Center, Inc. and Authorizing the Execution Thereof Subject to its Approval by City Council
ACTION: Deferred (4/8/2009) - the motion died for lack of a second.

MOVER: Councilmember Angela Lee Leary.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
PRESENTATIONS, PROCLAMATIONS, AWARDS
PUBLIC HEARINGS
Rezonings
8.09-0079Rezoning Application No. 1278 by Judith Mashburn and Michael Wright to rezone the property at 114 Semple Farm Road [LRSN 6001061] from One Family Residence District (R-11) to Multiple Residence District (R-M).
ACTION: Presented by applicant's attorney, Larry Cumming, Esq., and also information was provided by Michael Hayes, City Planner, and Terry P. O'Neill, Director of Planning. Vice Mayor Spencer made a motion to approve which he withdrew since the public hearing had not yet taken place.
ACTION: Held Public Hearing - Mr. Michael Winder requested that the matter be referred back to the Planning Commission for consideration.
ACTION: Referred back to Planning Commission - the motion died for lack of a second.

MOVER: Councilmember George E. Wallace.
ACTION: Approved – the original request was from R-11 to RM but the approval was from R-11 to MD-2 subject to the following (3) proffers:

1. The total number of proposed units shall be limited to forty (40).

2. A 10-foot landscaping buffer with 6-foot privacy fence along both the northern and southern property lines shall be installed for a depth of 500 feet extending back from Semple Farm Road.

3. Landscaping berms of 2-3 feet in height shall be installed along the property’s Semple Farm Road frontage.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
9.09-0076Zoning Ordinance Amendment by the City of Hampton to amend Chapter 17.3, Special Public Interest District, Article XVII, SPI-BBD: Buckroe Bayfront District, Sec. 17.3-133, Administration, to adjust the sequence for architectural design review of new buildings proposed in the District.
ACTION: Presented by James Freas, Senior City Planner.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
10.09-0082Zoning Ordinance Amendment by the City of Hampton to amend Chapter 2, Definitions, Sec. 2-36. Hotel and Sec. 2-47. Motel; Chapter 12, C-2 Limited Commercial District, Sec. 12-1, Uses Permitted; and Chapter 17.3, Special Public Interest District, Article XI, SPI-OH: Old Hampton District, Sec. 17.3-70, Permitted Uses to update the definition for hotels and remove motels as a use distinctly different from hotels. The City of Hampton also proposes a Zoning Ordinance Amendment to Chapter 13, C-3 General Commercial District, Sect. 13-1, Uses Permitted to add hotels as a use requiring an approved Use Permit.
ACTION: Presented by Michael Hayes, City Planner.
ACTION: Held Public Hearing
ACTION: Moved to adopt the ordinance with the deletion of the language, "which may include kitchen appliances."

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
11.09-0049Zoning Ordinance Amendment by the City of Hampton to amend Chapter 2, Definitions, Sec. 2-54.2; Chapter 12, C-2 Limited Commercial District, Sec. 12-1, Uses Permitted; Chapter 13, C-3 General Commercial District, Sec. 13-1, Uses Permitted; and Chapter 17.3, Special Public Interest District, Article XV, Special Public Interest-Coliseum Central District, Sec. 17.3-116, Limitations on Permitted Uses to define tattoo parlors, allow tattoo parlors with an approved Use Permit in the C-2 and C-3 Districts, and prohibit tattoo parlors in the SPI-CC District.
ACTION: Presented by Michael Hayes, City Planner. Planning Director, Terry P. O'Neill also provided information.
ACTION: Held Public Hearing - Ernest Ferguson spoke in opposition to a specific tattoo parlor being located in a strip mall. James Quigley also spoke on the issue.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Randall A. Gilliland.
Use Permit
12.09-0080Use Permit Application No. 1048 by Crown Communications Inc. to amend the conditions of Use Permit #1025 to expand ground space to allow additional carriers on an existing tower located on a 47.73± acre lot at 1590 Briarfield Road (LRSN# 1000275).
ACTION: Presented by Chris Dyser, City Planner.
ACTION: Held Public Hearing - Frank J. Ottofaro inquired as to the rent derived from the tower.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
13.09-0081Use Permit No. 1047 by Rajesh Randeria of Ambika Hotel, LLC to allow the operation of a 67-room boutique style hotel at the former United States Post Office building located at 132 East Queen Street [LRSN #2002878].
ACTION: Presented by Donald Whipple, Senior City Planner.
ACTION: Held Public Hearing - C. A. Brown spoke on his concerns about parking.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
Resolutions
14.09-0069Resolution Regarding the Execution of a Right of Way Agreement with Virginia Electric and Power Company for Electric Services Across City of Hampton Property Located at 416 Marcella Road.
ACTION: Held Public Hearing - There were no speakers.
ACTION: Approved

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Ross A. Kearney, II.
15.09-0084Resolution Regarding the First Amendment of Lease Agreement with Crown Communication, Inc. to Increase Leased Area Located at 1590 Briarfield Road
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Ross A. Kearney, II.
General Items
Appointments
16.08-0510to consider an appointment to the H2O Community Development Authority.
ACTION: Appointed Leonard Sledge to fulfill the unexpired portion of Perry Pilgrim's term which will expire on June 30, 2009. Mr. Sledge was serving as an alternate.

MOVER: Councilmember Angela Lee Leary.
17.09-0088to consider an appointment to the Coliseum Advisory Committee
ACTION: Appointed Nellie Jo Yannarella to fulfill the unexpired portion of a term which will conclude on December 31, 2010.

MOVER: Councilmember Angela Lee Leary.
18.09-0091to consider an appointment to the Virginia Peninsula Disability Services Board
ACTION: Reappointed Kim Borum as Hampton's business community representative to a term expiring March 31, 2012.

MOVER: Councilmember Angela Lee Leary.
  Council also reappointed Alvin Bryant, Robert A. Scott, and Kanata A. Jackson to the Federal Area Development Authority for four year terms which will expire on March 31, 2013.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
Audiences Granted to the General Public
  William Webster spoke on his concerns about the drainage problem in his neighborhood.

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

James Quigley shared his ideas on showing more itemization of the budget for the citizens and expressed his concerns on Eminent Domain.

Hugh Bassette spoke on the need for curbs and gutters in Old Northampton.

Theodore S. Reiff spoke on the City's insensitivity to the needs of handicapped, frail, elderly and disabled citizens and expressed dissatisfaction with the Council changing to doing one evening meeting a month instead of two.

Donnie Tuck spoke on increased real estate assessments in Hampton.
Miscellaneous New Business
  Councilwoman Leary spoke on assessments and shared that there is information on-line in the archived minutes about previous reports she has given on assessments in Hampton. She offered to discuss this after the meeting and she would share information.

Councilwoman Leary visited a neighborhood the Greenbrier Avenue neighborhood last Sunday and she'll share that information with the City Manager.

She also reported that she has been assigned by the Virginia Municipal League to serve on the National League of Cities Human Development Policy and Legislative Committee and will be working on this issue in Washington, DC next week along with also working on Veterans' affairs.

She shared an e-mail from William Bean of William and Mary.
Adjournment