Last Publish on 1/31/2012 9:50:00 AM
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, January 11, 2012
7:01:08 PM
Ross A. Kearney, II, Will Moffett, Joseph H. Spencer, II, 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
  Councilman Kearney was not present due to a medical procedure.
INVOCATION - Ross A. Kearney, II
  In Councilman Kearney's absence, Councilman Moffett gave the invocation.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
CONSENT AGENDA
Consent Items
1.12-0030Approval of Minutes from the evening session of April 27, 2011; the afternoon session of October 26, 2011; and the public comment session of December 14, 2011.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor George E. Wallace.
2.11-0395Ordinance to Repeal Non-Coded Ordinance #1112 Suspending Payment Of Certain Fees Associated With Permits Required To Repair Or Replace Property Damaged By Hurricane Irene.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor George E. Wallace.
3.12-0001Correction of Term Expiration Dates for Appointees to the Purchasing and Procurement Oversight Committee
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor George E. Wallace.
4.12-0003Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the FY2011 Port Security Grant, Emergency Position Indicating Radio Beacon Project, Through the Virginia Department of Emergency Management.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor George E. Wallace.
5.12-0004Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Fiscal Year 2011 Port Security Grant, Hydrostatic Life Preserver Project, Through the Virginia Department of Emergency Management
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor George E. Wallace.
6.12-0005Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Fiscal Year 2011 Port Security Grant, Thermal Night Vision Monoculars Project, Through the Virginia Department of Emergency Management.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor George E. Wallace.
7.12-0006Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Fiscal Year 2011 Port Security Grant, Boat Crew Dry Suits Project, Through the Virginia Department of Emergency Management
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor George E. Wallace.
8.12-0007Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Fiscal Year 2011 Port Security Grant, Remote Area Lighting System Project, Through the Virginia Department of Emergency Management
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor George E. Wallace.
9.12-0008Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Fiscal Year 2011 Port Security Grant, Ballistic Floatation Vests Project, Through the Virginia Department of Emergency Management
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor George E. Wallace.
10.12-0009Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Fiscal Year 2011 Port Security Grant, Special Ops Staging and Transport Project, Through the Virginia Department of Emergency Management
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor George E. Wallace.
11.12-0010Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Fiscal Year 2011 Port Security Grant, Life Preserver-Personal Floatation Devices (PFD) Project, Through the Virginia Department of Emergency Management
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor George E. Wallace.
12.12-0011Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Fiscal Year 2011 Port Security Grant, Armored Personnel Carrier Project, Through the Virginia Department of Emergency Management
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor George E. Wallace.
13.12-0013Resolution Approving Retirement Incentive Program and Appropriating $743,615 from Designated Fund Balance - End of Year Savings to Fund Program
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor George E. Wallace.
14.12-0015Ordinance to amend and reenact Chapter 18.1 “Licenses”, of the Code of the City of Hampton, Article I, “In General” Section 18.1-12 “Prerequisites to validity” to ensure that any business activity at a particular location is permitted under applicable law and in accordance with the City Zoning Ordinance.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor George E. Wallace.
15.12-0018Ordinance to amend and reenact Chapter 18.1 “Licenses”, of the Code of the City of Hampton, Article I, “In General” Section 18.1-4 “License requirements; due dates; limitations and extensions” to aid in the enforcement of the business license ordinance by requiring notification of cessation or relocation of business operations and related actions.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor George E. Wallace.
16.12-0019Ordinance to amend and reenact Chapter 18.1 “Licenses”, of the Code of the City of Hampton, Article I, “In General”, Section 18.1-5 “General duties of commissioner of the revenue under chapter” to aid in the enforcement of the business license ordinance by stating that a business license is valid for the operation of the business only at the location noted on the license.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor George E. Wallace.
17.12-0034Resolution Determining Center For Therapeutic Justice to be the only source practicably available from which to procure “inside” community treatment program for inmates incarcerated in the Hampton Community Corrections Center and authorizing the negotiation and execution of a purchase contract with the Center for Therapeutic Justice
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor George E. Wallace.
18.12-0036Resolution Affirming Proclamation of November 1 as “Fort Monroe National Monument Day” in the City of Hampton
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor George E. Wallace.
19.12-0037Request for Refund of Erroneous Tax Abatements for 2012
ACTION: Approved - this item was pulled from the consent agenda to allow a separate vote so the Mayor could abstain.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Will Moffett.
PRESENTATIONS, PROCLAMATIONS, AWARDS
20.12-0002Presentation of Digital Cities Award
ACTION: Presented by Pete Hatcher of AT&T, a sponsor of the Digital Cities program, to Leslie Fuentes, Director of Information Technologies.
PUBLIC HEARINGS
Rezonings
21.11-0359Rezoning Application No. 1297-2011 by KLS Development, LLC. to rezone a 0.75+ acre on the eastern corner of the intersection of County Street and Mallory Street (LRSN 12001988) from Limited Commercial (C-2) District and Two Family Residence (R-8) District to C-2 with conditions for a commercial building.
ACTION: Presented by Terry O'Neill, Director of Community Development.
ACTION: Held Public Hearing - Warren Sachs, Keith Woodard, and Kevin Curran spoke on behalf of the applicant.

Jeff Sandford, Faith Jones, Terry Fuller and Anna Donovan spoke in opposition to this rezoning as not conforming with the Phoebus Master Plan.

Ronan McNamara spoke in favor of the rezoning.
ACTION: Denied

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
22.12-0016Resolution Regarding Rezoning Application No. 1299-2011 by Abbott Associates, LLC to Rezone Approximately 4.5± Acres in the Buckroe Neighborhood [LRSNs: 12006770, 12006774, 12006773, 12006772, 12006666, and Portions of 13001555 and 12006710] from Limited Commercial District (C-2) to the Special Public Interest – Buckroe Bayfront District (SPI-BBD).
ACTION: Presented by Terry O'Neill, Director of Community Development. The City Manager, Mary Bunting, also provided information.
ACTION: Held Public Hearing - Benjamin J. Williams, III spoke on behalf of the applicant. Additionally Jake Powers and Timothy Brooks spoke in opposition to the rezoning.
ACTION: Approved the resolution as read into the record by Councilman Spencer.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Christopher G. Stuart.
23.12-0024Ordinance to amend and reenact the chapter 1 of the Zoning Ordinance of the City of Hampton, Virginia entitled “Zones and General Provisions” by adding section 1-7 pertaining to the use of the term “designee.”
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Vice Mayor George E. Wallace.
SECONDER: Councilmember Christopher G. Stuart.
24.12-0025Ordinance to amend and re-enact chapter 21 of the Zoning Ordinance of the City of Hampton, Virginia entitled “Nonconforming Uses and Structures” by amending section 21-2 pertaining to the alteration, enlargement, and erection of structures in conjunction with a non-conforming use.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
Use Permit
25.12-0021Use Permit Application No. 1076-2011 by Hampton University for an equestrian facility as part of a university use at 1356 and 1360 N. Mallory Street (LRSNs 12005721 and 12005722).
ACTION: Presented by Michael Hayes, Senior City Planner.
ACTION: Held Public Hearing - Arthur Kamp spoke on behalf of the applicant and addressed the amended condition #3 which would allow a summer reading/riding program.
ACTION: Approved subject to six (6) conditions with an amended condition to allow the university's summer riding program to continue.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor George E. Wallace.
26.12-0022Use Permit Application No. 1077-2011 by Hampton University to construct a biomedical research facility at 519 E. Queen Street and 427 E. Queen Street (LRSNs 12001061 and 12001060).
ACTION: Presented by Michael Hayes, Senior City Planner.
ACTION: Held Public Hearing - Arthur Kamp spoke on behalf of the applicant.
ACTION: Approved subject to five (5) conditions.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor George E. Wallace.
27.12-0023Use Permit Application No. 1078-2011 by the City of Hampton to construct and operate a pier at 35 and 37 Water Street (LRSNs 12001132 and 12001133).
ACTION: Moved to defer this item indefinitely. This matter was taken out of order and was heard after #21 (11-0359). The City Attorney indicated that if the matter returns to the Council's agenda, it will be readvertised.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Christopher G. Stuart.
Conditional Privilege
28.12-0014Conditional Privilege Application No. 120-2011: Proposal by Mirro’z Restaurant and Lounge, LLC to provide live entertainment at 2710 West Mercury Boulevard (LRSN 3001284).
ACTION: Presented by David Stromberg, City Planner.
ACTION: Held Public Hearing - Michael Carr and Alvin Banks, the applicants, spoke in support of their application.
ACTION: Approved subject to thirteen (13) conditions.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Will Moffett.
General Items
Resolutions
29.12-0028Resolution Authorizing Loan Repayments Collected by the Industrial Development Authority of the City of Hampton and Presently Allocated Exclusively For Use in the Authority’s Revolving Loan Fund Program To Be Also Used by the Authority for Economic Development Grants to Qualifying Entities or Individuals
ACTION: Presented by Mary Bunting, City Manager.
ACTION: Approved

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Will Moffett.
30.12-0029Resolution Setting Forth Policy On Land Acquisition by the Hampton Redevelopment and Housing Authority For City Economic Development and/or Redevelopment
ACTION: Presented by Mary Bunting, City Manager.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor George E. Wallace.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
Miscellaneous New Business
Adjournment
  The meeting was adjourned at 9:03 p.m.