Last Publish on 8/8/2012 8:04:06 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, August 08, 2012
6:59:57 PM
W. H. "Billy" Hobbs, Jr., Will Moffett, Chris Snead, Christopher G. Stuart, Donnie R. Tuck, George E. Wallace, Molly Joseph Ward, Mayor
Staff:
Mary Bunting, City Manager
Cynthia Hudson, City Attorney
Katherine K. Glass, CMC, Clerk of Council

CALL TO ORDER/ROLL CALL
INVOCATION - Councilman Moffett
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
CONSENT AGENDA
Consent Items
1.12-0303Approval of the Minutes from the afternoon session of May 23, 2012, the special meeting of July 2, 2012, and the afternoon session, public comment period and evening sessions of July 11, 2012.
ACTION: Approved items 1 and 3 through 11 on the consent agenda.

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
2.12-0304Resolution authorizing the re-appropriation of $222,296.50 from the General Fund balance to the Hampton Redevelopment and Housing Authority's Hampton Business Incentives Corporation.
ACTION: Approved - this item was pulled from the consent agenda at the request of Councilman Moffett.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Chris Snead.
3.12-0305Resolution, Correction Resolution No. 12-0221, Approving the City of Hampton, Virginia's Participation and Appropriation of Funds for the Hampton Clean City Commission from the Department of Environmental Quality, the Solid Waste Fund, the Stormwater Fund and the General Fund.
ACTION: Approved items 1 and 3 through 11 on the consent agenda.

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
4.12-0310Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2012-2013 Comprehensive Community Corrections Act and Pretrial Services Act Grant Funding Program Through the Hampton-Newport News Criminal Justice Agency from the Virginia Department of Criminal Justice Services
ACTION: Approved items 1 and 3 through 11 on the consent agenda.

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
5.12-0311Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the FY2012 Edward Byrne Memorial Justice Assistance Grant through the United States Department of Justice.
ACTION: Approved items 1 and 3 through 11 on the consent agenda.

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
6.12-0313Resolution to accept and appropriate the remaining 10% balance of the 2012 Fire Programs Aid to Localities Funds allocated to Hampton Division of Fire & Rescue.
ACTION: Approved items 1 and 3 through 11 on the consent agenda.

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
7.12-0314Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2012-2013 Byrne Justice Assistance Grant Program through the Virginia Department of Criminal Justice Services
ACTION: Approved items 1 and 3 through 11 on the consent agenda.

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
8.12-0315Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of Funds for the 2012 Tobacco Use Prevention for Children Grant from the Virginia Foundation of Healthy Youth
ACTION: Approved items 1 and 3 through 11 on the consent agenda.

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
9.12-0317Resolution approving and appropriating 2013 Fire Programs Aid to Localities Funds from the Commonwealth of Virginia--Department of Fire Programs.
ACTION: Approved items 1 and 3 through 11 on the consent agenda.

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
10.12-0318Ordinance To Amend And Reenact Chapter 26 Of The Code Of The City Of Hampton Entitled Parks And Recreation, Article II Entitled Regulations Governing Parks And Recreation Areas Generally, Sections 26-28 Regarding Live Band Performances, Section 26-29 Regarding Operation Of Devices Used For Amplification Of Sound And Section 26-38 Regarding Application Of Article To Public Areas Subject To Special Events Permits.
ACTION: Approved items 1 and 3 through 11 on the consent agenda.

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
11.12-0326Resolution Approving and Authorizing Submission to the State of the Fiscal Year 2013 Hampton-Newport News Community Services Board Performance Contract.
ACTION: Approved items 1 and 3 through 11 on the consent agenda.

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
PRESENTATIONS, PROCLAMATIONS, AWARDS
12.12-0321Presentation of House Resolution No. 57 Commemorating the Arrival of Africans to Virginia
ACTION: Presented by Calvin Pearson on behalf of Delegate Jeion Ward who was not able to be present. He was accompanied by members of the 1619 Committee: Jean Harris and Shelton Tucker. Councilman Moffett read the resolution it is entirety.
PUBLIC HEARINGS
Rezonings
13.12-0308Zoning Ordinance Amendment 050-2012 by the City of Hampton to amend and re-enact the following chapters of the Zoning Ordinance of the City of Hampton, Virginia, pertaining to restaurants providing outdoor dining: Chapter 11, entitled “C-1 District—Neighborhood Commercial District” by amending Section 11-1; Chapter 12, entitled “C-2 District—Limited Commercial District” by amending Section 12-1; and Chapter 13, entitled “C-3 District—General Commercial District” by amending Section 13-1.
ACTION: Presented by David Stromberg, City Planner.
ACTION: Held Public Hearing - There were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Chris Snead.
14.12-0309Zoning Ordinance Amendment No. 051-2012: by the City of Hampton to amend and re-enact Chapter 2.1 of the Zoning Ordinance of the City of Hampton, Virginia, entitled “Definitions” by adding definitions for terms related to the regulation of renewable energy systems and by deleting the section numbering system by which definitions are organized. The definitions will remain listed in alphabetical order.
ACTION: Presented by Tamaria Green, City Planner.
ACTION: Held Public Hearing - There were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Chris Snead.
Conditional Privilege
15.12-0306Conditional Privilege Application No. 122-2012: Proposal by Andrea Alston to operate a Day Care 3 for up to 38 children at 923 Aberdeen Road (LRSN 3005147).
ACTION: Presented by Jeff Conkle, City Planner. Ms. Andrea Alston, the applicant, responded to Councilman Moffett's question about community input.
ACTION: Held Public Hearing - There were no speakers on this item.
ACTION: Approved with eleven (11) conditions.

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember Christopher G. Stuart.
16.12-0307Conditional Privilege Application No. 126-2012: Proposal by Emmanuel Lutheran Church, to operate a Day Care 3 for up to 154 children at 23 Semple Farm Road [LRSN 6001078].
ACTION: Presented by Alison Alexander, City Planner. In response to Councilman Stuart's question, Ms. Alexander indicated the original applicant was for up to 154 children but was modified down to up to 109 children.
ACTION: Held Public Hearing - There were no speakers on this item. The applicant provided information on the public meeting notification process.
ACTION: Approved with ten (10) conditions.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Will Moffett.
Other Public Hearings
17.12-0319Proposed amendments to the FY13 Consolidated Housing and Community Development Action Plan HOME Investment Partnership Program Budget
ACTION: Presented by Amanda Olwig, Neighborhood Grant Clerk. Angelique Shenk, Housing & Neighborhood Services Manager, provided additional information.
ACTION: Held Public Hearing - Hugh Bassette spoke on behalf of the Old Northampton Neighborhood Association. Mr. Bassette questioned why there were different amounts available depending on the particular neighborhood.
ACTION: Approved the amendments to the FY13 HOME Investment Partnership Program Budget.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Will Moffett.
Resolutions
18.12-0312Resolution Authorizing the Quitclaim Conveyance From the City of Hampton to 1630 W. Pembroke Properties, LLC of a 40’ Strip of Right of Way/Easement Located at 1630 W. Pembroke Avenue, LRSN 1000745, and Authorizing the Execution and Delivery of the Quitclaim Deed to Clear Up Title Issues
ACTION: Presented by Vanessa Valldejuli, Senior Deputy City Attorney.
ACTION: Held Public Hearing - There were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Chris Snead.
19.12-0323Resolution Authorizing the Quitclaim Conveyance From the City of Hampton to Robert’s Creek Corporation or its Assigns of a 40’ Wide Right of Way Containing 0.42 Acres ± and Located at 546 E. Mercury Boulevard, LRSN13000786, and Authorizing the Execution and Delivery of the Quitclaim Deed to Clear Up Title Issues
ACTION: Presented by Vanessa Valldejuli, Senior Deputy City Attorney.
ACTION: Held Public Hearing - S. Frear Hawkins, II, Esquire spoke on behalf of the applicant.
ACTION: Approved

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Will Moffett.
General Items
Resolutions
20.12-0299Resolution Setting Forth City of Hampton Position on Reuse of Fort Monroe Wherry Quarter
ACTION: Approved - the resolution, with the modifications proposed in the afternoon session, was read by Councilwoman Snead.

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
Appointments
21.12-0322to consider an appointment to the Virginia Air & Space Museum Board of Directors
ACTION: Appointed Ross Mugler to a term commencing immediately and expiring on June 30, 2013.

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
Miscellaneous New Business
Adjournment
  The meeting adjourned at 8:03 p.m.