Last Publish on 2/15/2007 1:03:13 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, February 14, 2007
7:30:52 PM
Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, 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 - Charles N. Sapp
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Vice Mayor Gilliland expressed his best wishes to Councilman Washington as he recuperates from surgery.

The Vice Mayor indicated that the Mayor is out of the area on City business which had to be handled today.

Vice Mayor Gilliland also indicated that Item 24 concerning parking in the Buckroe area would not be heard at this meeting. The staff has made a recommendation to not proceed with the parking courts at this time.

Councilman Tignor spoke briefly on the transportation funding proposal before the General Assembly and gave an explanation of some of the items which are funded through the state's general fund and of the potential impact if funds are diverted from the general fund to fund transporation needs.
CONSENT AGENDA
Consent Items - First Reading
1.07-0065AN ORDINANCE TO AMEND CHAPTER 8, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “BONDSMEN.”
ACTION: Moved to waive the second reading on consent agenda items 1 through 3.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
ACTION: Moved to approve consent agenda items 1 through 3 on first and final reading.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
2.07-0066AN ORDINANCE TO AMEND CHAPTER 18.1, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “LICENSES.”
ACTION: Moved to waive the second reading on consent agenda items 1 through 3.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
ACTION: Moved to approve consent agenda items 1 through 3 on first and final reading.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
3.07-0067AN ORDINANCE TO AMEND CHAPTER 9.1, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “CABLE TELEVISION.”
ACTION: Moved to waive the second reading on consent agenda items 1 through 3.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
ACTION: Moved to approve consent agenda items 1 through 3 on first and final reading.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
4.07-0061Appointments to the Mayor's Committee for People with Disabilities
ACTION: Moved to approve consent agenda items 4 though 16 and 18 through 22.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
5.07-0072Payment of 50/50 Matching Funds to Northampton Little League
ACTION: Moved to approve consent agenda items 4 though 16 and 18 through 22.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
6.07-0074Fund Appropriation for Fort Monroe Legal, Planning, Environmental Technical Services, and Lobbying Services for Other Federal Areas.
ACTION: Moved to approve consent agenda items 4 though 16 and 18 through 22.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
7.07-0080Resolution Appropriating State Revenues Pertaining to the FY07 Budget
ACTION: Moved to approve consent agenda items 4 though 16 and 18 through 22.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
8.07-0081Resolution Authorizing the Advance of Up To $1,706,000 from the City's General Fund to the City's Capital Project Fund to Fund the Repair and Replacement of the Virginia Air and Space Center Building's Roof and Declaration of Official Intent to Reimburse the General Fund from Future Bond Proceeds.
ACTION: Moved to approve consent agenda items 4 though 16 and 18 through 22.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
9.07-0082Resolution Authorizing the Appropriation of $400,000 from Unappropriated Interest Earned on General Obligation Bond Proceeds in the City's Capital Project Fund to Fund Asbestos Abatement and Related Improvements in the Macy Carmel Building.
ACTION: Moved to approve consent agenda items 4 though 16 and 18 through 22.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
10.07-0084Request for Refunds of Erroneous Tax Assessments
ACTION: Moved to approve consent agenda items 4 though 16 and 18 through 22.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
Consent Items - Other
11.07-0055Approval of Minutes from the special meetings of Council on January 11, 2007, and January 22, 2007, and from the afternoon and evening sessions of Council on January 24, 2007.
ACTION: Moved to approve consent agenda items 4 though 16 and 18 through 22.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
12.07-0056Resolution Requesting the Virginia Department of Transportation (VDOT) Add New Streets to the State "Principal/Minor Arterial and Collector/Local" Street List.
ACTION: Moved to approve consent agenda items 4 though 16 and 18 through 22.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
13.07-0059A Resolution Authorizing the Execution of a First Amendment to the Memorandum of Understanding with the Peninsula Town Center Community Development Authority and Hampton Mall Associates.
ACTION: Moved to approve consent agenda items 4 though 16 and 18 through 22.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
14.07-00602007-2008 Hampton Foster Grandparent Program
ACTION: Moved to approve consent agenda items 4 though 16 and 18 through 22.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
15.07-0062Resolution Authorizing the Acceptance of Certain Fire Suppression Equipment as Donated by the Virginia Department of Transportation
ACTION: Moved to approve consent agenda items 4 though 16 and 18 through 22.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
16.07-0064Resolution authorizing the acquisition of 110A, 112 and 114 East County Street from the Hampton Redevelopment and Housing Authority.
ACTION: Moved to approve consent agenda items 4 though 16 and 18 through 22.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
17.07-0063Resolution authorizing the Deed of Gift from the City of Hampton to the Charles H. Taylor Arts Center Foundation, Inc. of property known as 110A, 112 and 114 East County Street, Hampton, Virginia.
ACTION: Moved to remove item #17 from the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
ACTION: Deferred (2/28/2007)

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
18.07-0068Acquisition of property known as 1507 N. Armistead Avenue from Leo L. Duda, Jr., & Sandra L. Duda.
ACTION: Moved to approve consent agenda items 4 though 16 and 18 through 22.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
19.07-0071Use of Sole Source Vendor for Playground Equipment Replacement Parts
ACTION: Moved to approve consent agenda items 4 though 16 and 18 through 22.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
20.07-0076Military Strategic Response Fund Award - Fort Monroe - Historic Management Plan
ACTION: Moved to approve consent agenda items 4 though 16 and 18 through 22.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
21.07-0077Military Strategic Response Fund Award - Fort Monroe - Form Based Code Development
ACTION: Moved to approve consent agenda items 4 though 16 and 18 through 22.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
22.06-0584Vacation Agreement among the City of Hampton, Virginia, The Commonwealth of Virginia, and Gregory Klich Construction, LLC for Old Byrd Street.
ACTION: Moved to approve consent agenda items 4 though 16 and 18 through 22.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
PRESENTATIONS, PROCLAMATIONS, AWARDS
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
23.07-0040Monthly Presentation - Status of Hampton Celebrates 2007
ACTION: Presented by Erin McMahon, Special Events Coordinator. Carol King, the Chairman of the Hunt for Hampton History Event, gave information regarding the success of the event.
24.07-0085Implementation of the Buckroe Master Plan: Beach access parking courts.
ACTION: Removed - Vice Mayor Gilliland indicated that this matter will not be heard tonight in that staff has made a recommendation to not proceed with the parking courts at Richmond, Pilot and Tappan Avenues.
PUBLIC HEARINGS
Rezonings - Second Reading
25.07-0034Rezoning Application No.1242 by Southeastern Capital Investments L.L.C to rezone approximately 4+/- acres located at the northwest corner of the Magruder Boulevard and Semple Farm Road intersection from One-Family Residence District (R-11) to Multiple-Dwelling Residence District (MD-3) for up to 48 apartments.
ACTION: Deferred (3/28/2007)

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Charles N. Sapp.
Property Transfers and Sales
26.07-0051PUBLIC HEARING regarding the transfer of approximately of approximately 3.4538± acres of real property fronting on Freeman Drive and Bounded by Newmarket Creek to the South in the Crossroads area, and more commonly known as Parcel D-4 (the “Property”) to the Hampton Redevelopment and Housing Authority pursuant to the authority set forth in §15.2-1800 of the Code of Virginia of 1950, as amended.
ACTION: Held Public Hearing
27.07-0073PUBLIC HEARING regarding the sale of approximately of approximately 19.5 acres± of real property located on the corner of Coliseum Drive and Pine Chapel Road in the Crossroads area, described as Part of RPC#13001171 (the “Property”) and the granting of a temporary right of entry to a portion of a City-owned site located at the corner of Pine Chapel Road and Coliseum Drive, known as the “Best Products” Site to the XL Development Group I, L.P. pursuant to the authority set forth in §§15.2-1800 and 15.2-2100 of the Code of Virginia of 1950, as amended.
ACTION: Held Public Hearing
ACTION: Presented by Jimmy Eason, Director of Economic Development.
General Items
General Items
28.07-0083Citizens' Presentation on Flooding
ACTION: Presented by Councilwoman Leary who introduced the topic and indicated that various citizens would present information on this issue. Representatives of the Pastures Civic Association, RCN (neighborhoods of Ridgecrest, Forrest Ridge, Forrest Lake, Rosser's Run, and Stoneman Estate), Bell Isle Marina and other citizens presented Council with information.
Resolutions
29.07-0070Resolution (1) authorizing the conveyance of approximately 3.4538± acres of real property fronting Freeman Drive and bounded by Newmarket Creek to the South in the Crossroads Area and more commonly known as Parcel D-4 by the City of Hampton to the Hampton Redevelopment and Housing Authority, (2) and accepting the transfer of approximately 0.9402 ± acres of land in the Crossroads Areas more commonly known as a portion of Parcel D-2 from Sandler at Coliseum Central, L.L.C. to the City of Hampton for the City park site adjacent to the H2O Residential Project .
ACTION: Adopted on First Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Charles N. Sapp.
Appointments
30.07-0058to consider an appointment to the Parks and Recreation Advisory Board.
ACTION: Appointed Jack Pope to a term commencing immediately and expiring on January 30, 2011.
Audiences Granted to the General Public
  Misty Collins spoke on her concerns with Hampton's animal control.

Sandra Canepa requested that Council rescind their vote for Option B with respect to the Bayfront Initiative and expressed concerns about auto use being a contributing factor to pollution in the Chesapeake Bay.
Miscellaneous New Business
  Councilwoman Leary read a letter from C. A. Brown into the record which dealt with flooding in the area of Windsor Terrace.
Adjournment