Last Publish on 10/16/2015 5:29:21 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, October 14, 2015
6:31:07 PM
Linda Curtis, W. H. "Billy" Hobbs, Jr., Will Moffett, Teresa V. Schmidt, Chris Snead, Donnie R. Tuck, George E. Wallace, Mayor
Staff:
Mary Bunting, City Manager
Vanessa T. Valldejuli, City Attorney
Katherine K. Glass, CMC, Clerk of Council
not set, not set

CALL TO ORDER/ROLL CALL
  Mayor Wallace called the meeting to order at 6:32 with all members of City Council present.
INVOCATION - Vice Mayor Linda Curtis
  Vice Mayor Curtis gave the invocation.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Wallace announced that there would be a clean up of Oakland Cemetery on November 7th at 8 a.m.

Councilwoman Schmidt announced that the Chesapeake Bay Foundation (CBF) and local partners received a grant of $200,000 from the National Fish and Wildlife Association to carry out restoration projects that will reduce pollution entering impaired Hampton City waterways, restore the oyster population, and educate local residents. She thanked City staff for their support of this effort.

Mayor Wallace asked Hui Shan Walker, Hampton's Emergency Management Coordinator, to give an update on the recent weather events experienced in Hampton.

Mayor Wallace also shared that "Read Aloud to a Child Week" will be observed next week and encouraged participation. This year's theme is "Friendship."
CONSENT AGENDA
Consent Items
1.15-0292Approval of the Hampton City Council minutes from the evening sessions of August 12,2015, and September 9, 2015.
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Will Moffett.
2.15-0293Request for Approval of Refund(s) and/or Abatement(s) for Tax Year 2014
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Will Moffett.
3.15-0300Ordinance to Amend and Reenact the City Code of the City of Hampton, Virginia by Amending Chapter 24, Section 24-37; providing that property under development is exempted from the requirement that the owner keep grass and weeds under ten inches.
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Will Moffett.
4.15-0301Resolution Approving the City of Hampton, Virginia's Participation In and Appropriation of the 2015 Emergency Management Performance Grant Program through the Virginia Department of Emergency Management
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Will Moffett.
5.15-0307Resolution to Accept and Appropriate FY14 Assistance to Firefighters Grant (AFG) Funds from the Department of Homeland Security
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Will Moffett.
6.15-0316Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the FY 2015 Port Security Grant Program as Awarded/Made by FEMA (Federal Emergency Management Agency)
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Will Moffett.
7.15-0317Resolution Approving the City of Hampton, Virginia's Participation In and Appropriation of the FY 2016 Highway Safety Grant (Selective Enforcement – Speed) through the Commonwealth of Virginia Department of Motor Vehicles
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Will Moffett.
8.15-0318Resolution Approving the City of Hampton, Virginia's Participation In and Appropriation of the FY15 Edward Byrne Memorial Justice Assistance Grant through the Department of Justice, Office of Justice Programs
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Will Moffett.
9.15-0320Resolution Requesting $2,750,000 from the Virginia Department of Transportation's FY17 Revenue Sharing Program and Authorization for the City Manager to Execute Necessary Project Agreements
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Will Moffett.
10.15-0321Resolution Requesting Endorsement Central Park Trail Transportation Alternatives Project
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Will Moffett.
11.15-0322Resolution Approving and Accepting the City of Hampton, Virginia's Participation in the Green Infrastructure Community Planning Grant which is Administered by the Green Infrastructure Community with Support from the Virginia Department of Forestry and Funding from the Southern Region of the USDA Forest Service
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Will Moffett.
12.15-0323Resolution of the Council of the City of Hampton, Virginia Confirming the Declaration of a Local Emergency Made Necessary by the storms referred to as the "2015 Nor'easter" and Hurricane Joaquin and Declared by the Hampton Director of Emergency Services on October 1, 2015.
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Will Moffett.
13.15-0324Resolution of the Council of the City of Hampton, Virginia Confirming the Order Terminating on October 5, 2015, the Declaration of Local Emergency Declared by the Hampton Director of Emergency Management effective October 1, 2015, due to the "2015 Nor'easter" and Hurricane Joaquin.
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Will Moffett.
PRESENTATIONS, PROCLAMATIONS, AWARDS
PUBLIC HEARINGS
Rezonings
14.15-0302Rezoning Application No. 15-00003: by Franciscus Homes, Inc. and property owners Rosalind Slater, James Hunsucker, Hunsucker Family Living Trust, and Glenn and Celia Hudgins to rezone 28.05+ acres at 1625, 1633 and 1635 Power Plant Parkway, along with unaddressed parcels off of W. Queen Street [LRSN: 3004765, 3004766, 3004773, 3004774, 3004775, 3004776] from One Family Residence [R-11] District to Multiple Dwelling (MD-2) District with proffered conditions for the development of multifamily residences.
ACTION: Presented by Mike Hayes, Chief Planner. The applicant's attorney, Larry Cummings, and Gary Werner also gave a presentation.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved with proffered conditions.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Teresa V. Schmidt.
15.15-0303Ordinance To Amend And Re-Enact Article 1 Of Chapter 10 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled “Signs” By Amending Section 10-5 Pertaining To Signs Exempt From Regulation In This Ordinance.
ACTION: Presented by Mike Hayes, Chief Planner. Items 15 through 22 were presented together.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Will Moffett.
16.15-0304Ordinance To Amend And Re-Enact Chapter 1 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled “General Provisions” By Amending Section 1-30 Pertaining To General Green Area Requirements.
ACTION: Presented by Mike Hayes, Chief Planner. Items 15 through 22 were presented together.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Will Moffett.
17.15-0305Ordinance To Amend And Re-Enact Chapter 2 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled “Definitions” By Amending Section 2-2 Pertaining To Primary Entrances, Signs and Small Artisan Shops.
ACTION: Presented by Mike Hayes, Chief Planner. Items 15 through 22 were presented together.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Will Moffett.
18.15-0308Ordinance To Amend And Re-Enact Chapter 3 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled “Uses Permitted” By Amending Section 3-2 To Add The New Zoning District Titled PH-1 (Phoebus Business District) To The Use Table and Section 3-3 Pertaining To Additional Standards On Permitted Uses.
ACTION: Presented by Mike Hayes, Chief Planner. Items 15 through 22 were presented together.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Will Moffett.
19.15-0309Ordinance To Amend And Re-Enact Chapter 8 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled “Special Districts” By Adding Article 7 – Phoebus Districts As Part Of The Adoption Of A New Zoning District For The Commercial District Of The Phoebus Neighborhood.
ACTION: Presented by Mike Hayes, Chief Planner. Items 15 through 22 were presented together.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Will Moffett.
20.15-0310Ordinance To amend And Re-Enact Chapter 10 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled “Signs” By Amending Article 2, Section 10-10 As Part Of The Adoption Of A New Zoning District For The Commercial District Of The Phoebus Neighborhood.
ACTION: Presented by Mike Hayes, Chief Planner. Items 15 through 22 were presented together.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Will Moffett.
21.15-0326Ordinance To Amend And Re-Enact Chapter 11 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled “Parking” By Amending Section 11-8 Pertaining To Parking Credits, Exemptions And Reductions As Part Of The Adoption Of A New Zoning District For The Commercial District Of The Phoebus Neighborhood.
ACTION: Presented by Mike Hayes, Chief Planner. Items 15 through 22 were presented together.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Will Moffett.
22.15-0311Rezoning Application No. 15-00004: by the City of Hampton to rezone 45.3+ acres including 14 E County St., 2 – 300 E Mellen St (both sides of the street), 608 and 617 E Mercury Blvd, 111 Howard St (excluding the portion directly adjacent to the Howard St right-of-way for a depth of 90’, 20 and 170 Libby St, 1 – 200 N Mallory St (both sides of the street, but only a 200’ deep portion, measured from the right-of-way, of 42 and 50 N Mallory St), 14 N Willard Ave, 110 S Curry St, 13, 15, and 122 S Hope St, 3 – 241 S Mallory St (both sides of the street), 104 S Willard Ave, 11 – 25 Tennis Ln (odd addressed side only), 6, 8 and 10 W County St, 1 – 18 W Mellen St (both sides of the street), 23, 28, 48, and 52 Water St, along with a number of unaddressed parcels on E Mellen St, Lancer St, Libby St, N Mallory St, S Hope St, S Mallory St, Tennis Ln, W Mellen St, and Water St [LRSNs: 12001123, 12001124, 12001130, 12001131, 12001134 – 12001140, 12001143, 12001145, 12001146, 12001148, 12001157, 12001161, 12001162, 12001326, 12001335, 12001337 – 12001342, 12001346, 12001352, 12001354 – 12001358, 12001367, 12001370, 12001371 – 12001386, 121001388 – 12001409, 12001418 – 12001421, 12001434, 12001452 – 12001454, a portion of 12001455 to a depth of 155’ from the S Mallory St right-of-way, 12001456, 12001507 – 12001521, 12001536, 12001611, 12001661, 12001704, 12001732, 12001966, 12001967 – 12001976, 12001979, 12001981 – 12002001, 12002004, 12002005, 12002812, 12008745, 1300219] from Two Family Residential (R-8) District, One Family Residential (R-13) District, Neighborhood Commercial (C-1) District, Limited Commercial (C-2) District, Light Manufacturing (M-2) District, and Heavy Manufacturing (M-3) District to Phoebus Business (PH-1) District. The Hampton Community Plan (2006, as amended) and Phoebus Master Plan (2007 as amended) recommend the development of a mixture of residential and commercial land uses in a pedestrian oriented development pattern for this area.
ACTION: Presented by Mike Hayes, Chief Planner. Items 15 through 22 were presented together.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Will Moffett.
Use Permit
23.15-0312Use Permit Application No. 15-00002: by Hannah Carruthers to operate a Day Care 3 at 2625 North Armistead Avenue [LRSN 7001710].
ACTION: Presented by Lucy Stoll, City Planner.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved with ten (10) conditions.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Will Moffett.
24.15-0313Use Permit Application No. 15-00011: by Reverend Dr. Jason Snow on behalf of Wesley United Methodist Church for an active park/playground at 2510 N. Armistead Avenue [LRSN 7001643].
ACTION: Presented by Alison Alexander, City Planner.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved with seven (7) conditions.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Teresa V. Schmidt.
25.15-0314Use Permit Application No. 15-00012: by David Leonardi DBA Papa Ciccio’s Italian Family Restaurant for live entertainment inside Papa Ciccio’s Italian Family restaurant at 87 Lincoln Street [LRSN 2003249].
ACTION: Presented by Alison Alexander, City Planner.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved with twelve (12) conditions.

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember Linda Curtis.
Ordinances
26.15-0296Ordinance Approving the Vacation of a 15’ Alley Intersecting 512 North First Street Comprising 779 Square Feet (0.01789 Acre), More or Less, to Michael L. Smith and Lisa L. Smith
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
SECONDER: Councilmember Linda Curtis.
27.15-0297Ordinance Approving the Vacation of a Portion of Right of Way Known as Dooley Street Comprising 3,950 Square Feet (0.0907 Acre), More or Less, to Interlock Paving Systems, Inc.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
28.15-0298Ordinance Approving the Vacation of 40’ Environmental Easements and 10’ Drainage Easements to the Following Property Owners: (i) John L. Henderson and Kelley L. Henderson at 14 Hawkins Court (LRSN 5001217), Comprising 2,800 s.f. and 700 s.f., Respectively; (ii) Julio E. Santiago Alers and Myrna Santiago, Also Known as Myrna Santiago Alers at 18 Hawkins Court (LRSN 5001215) Comprising 2,800 s.f. and 700 s.f., Respectively; and (iii) Don R. Edwards and Jennifer L. Edwards at 26 Hawkins Court (LRSN 5001211) Comprising 3,560 and 865 s.f., Respectively, All Measurements More or Less
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember Linda Curtis.
29.15-0299Ordinance Authorizing the Transfer of City Property Located at 103 Saunders Road (LRSN 5001405), Comprising 19,613 Square Feet (0.4503 Acre), to William D. and Amparito Solterbeck
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Deferred (12/9/2015)

MOVER: Councilmember Teresa V. Schmidt.
SECONDER: Councilmember Chris Snead.
General Items
Ordinances
30.15-0306Ordinance to Amend and Reenact Chapter 34 Article III Entitled, “Encroachments Into Public Streets and Other Public Ways, Places or Property” to Add a New Section 34-87 and to Add a New Article VI Entitled, “Outdoor Seating Administrative Encroachments,” Pertaining to Administrative Encroachments for Outdoor Seating in Public Rights-of-Way
ACTION: Presented by Alison Alexander, City Planner.
ACTION: Approved

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
31.15-0315Ordinance to Amend and Reenact the City Code of the City of Hampton, Virginia by Adding a New Article II to Chapter 42 Entitled, “Arts and Cultural Districts” Pertaining to The Establishment and Regulation of Arts and Cultural Districts With an Effective Date of January 1, 2016.
ACTION: Approved

MOVER: Councilmember Donnie R. Tuck.
SECONDER: Councilmember Will Moffett.
Resolutions
32.15-0295Resolution Approving Utility Easements to Virginia Electric and Power Company (“Dominion”) for One 15’ x 80’ Easement (Totaling 1,200 Square Feet), More or Less, on City Property Located At 100 Maple Avenue (LRSN 1004044) and Two 15’ x 10’ Easements (Each Totaling 150 Square Feet) Located on a Portion of City Property Located at 9000 Greenlawn Avenue (LRSN 1004029) for the Transmission and Distribution of Electrical Power as a Part of Dominion’s Strategic Underground Program
ACTION: Approved

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember Linda Curtis.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
Miscellaneous New Business
  Councilman Tuck shared that he attended a recent meeting of the Pasture Point neighborhood association where they expressed the issue they have getting out of their properties during flooding. He asked if the staff could explore the possibility of using an existing paper road in such emergencies. Mary Bunting, the City Manager, indicating staff will look into this but stated that those in low lying areas prone to flooding should consider evacuation and the City does have high water vehicles to do emergency evacuations.
Public Comment
  Carole Garrison spoke on some of the problems with flooding particularly dealing with individuals who insist on driving in flooded areas creating wakes that cause further damage to homes. She also thanked the City for allowing her to participate in the recent Dutch Dialogues and shared that the Dutch representatives shared with her that they were impressed with the citizen involvement in Hampton and plan to include that in their discussions in their country.

Linda Seely spoke on feral cat issues.

Dease Moore and Sean Slaughter spoke on the youth "Build Your Own Computer" program at Y. H. Thomas Community Center.

Joseph King spoke on problems with some community property values.

Samuel J. Scott, Sr. spoke on the Bayshore International Reunion.

Hugh Bassette spoke on the property tax exemption for elderly and disabled and requested it be placed on a future Council agenda for discussion.

Mary Bunting, City Manager, thanked Ms. Garrison for her suggestions. She indicated to Mr. King that City staff will get with him and she briefly went over some of the tools the City has to use. Ms. Bunting indicated that she believes that Mr. Bond responded to Ms. Seely by e-mail and she read the e-mail for the record. Ms. Bunting thanked Mr. Scott for the Bayshore information. She also thanked Mr. Moore and Mr. Slaughter for the information. Ms. Bunting indicated that she does intend to discuss the elderly tax relief matter as a part of the budget process and it is her recommendation to the Council that they proceed that way as opposed to having it as a separate item.

Councilman Moffett complimented the computer program and the people who made it happen at Y. H. Thomas.

Vice Mayor Curtis shared that she has been on City Council for two years and that she participated in Hampton's Housing Blitz last weekend on a team with Councilwoman Schmidt and others and it was very rewarding. She shared an e-mail that came from a gentleman from Habitat for Humanity expressing his appreciation for the opportunity to participate as a volunteer with the program.

Mayor Wallace shared that he has also participated in several of the Housing Blitzes and has found it very rewarding and it is especially gratifying to go back and see the drastic change in the area after one of these events.
Adjournment
  Mayor Wallace allowed Joseph King to speak a minute on the cemetery clean up. The meeting adjourned at 9:09 p.m.