Last Publish on 1/10/2008 9:43:50 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 09, 2008
7:29:32 PM
Anderson W. Clary, Jr., Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, 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 - Councilman Anderson W. Clary, Jr.
  Mayor Kearney announced that Councilman Clary notified him that he would be late arriving to the meeting due to a medical procedure. In his absence, Councilman Sapp gave the invocation. Councilman Clary arrived at 8:10 p.m.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Kearney shared that he recently attended the third meeting of a Career Academy group. He thanked Superintendent Patrick J. Russo for allowing him to participate in the committee which is working on developing a workforce development high school.
CONSENT AGENDA
Consent Items - Other
1.07-0673Resolution Designating NewsBank, Inc. as the Only Source Practically Available for the Purchase of Web-based Research Products that Provides Access to Current and Archived Content from More than 2,000 Newspaper Titles, Newswires, Transcripts, Business Journals, Periodicals, Government Documents and Other Publications.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
2.07-0679Request to Vacate the Undeveloped Rights-of-way Known as Thomas Street and Wright Street, Near the Intersection of Briarfield Road and Power Plant Parkway.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
3.07-0686Approval of the Minutes from Afternoon and Evening Sessions of City Council on December 19, 2007.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
4.07-0687Resolution Correcting a Resolution Appropriating $503,439.53 from Fund Balance to Capital Improvement Fund for School Maintenance Which was Adopted by Council on December 19, 2007.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
PRESENTATIONS, PROCLAMATIONS, AWARDS
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
PUBLIC HEARINGS
Rezonings - Second Reading
5.07-0662Rezoning Application No. 1259 by the Hampton Redevelopment and Housing Authority (HRHA) to Rezone 3.2456+/- Acres at Old Point Avenue and Woodland Road from One Family Residence District (R-9), and Limited Commercial (C-2) to One Family Residence District (R-9) and Multiple Dwelling District (MD-2) for up to five single family homes and up to 30 townhouse units. [LSRNs: 12003597, 12003599, 12003596, 12003595, 12003594, and 12003590]
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Charles N. Sapp.
6.07-0663Rezoning Application No. 1265 by Eric and Janine Grayson to Rezone 1204 East Pembroke Avenue (Parcel B) from General Commercial District (C-3) to One Family Residence District (R-11) for an Existing Single-family House. [portion of LSRN 12000782]
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Charles N. Sapp.
Rezonings - First Readings
7.07-0682Rezoning Application No. 1264 by Stan Wilson to rezone 10.91± acres, including the Wilson Trailer Park and adjacent parcels: 11, 11B, 13, 13B and 15 Old Fox Hill Road and 16 Severn Street from One Family Residence District (R-9) to Limited Commercial District (C-2), with conditions, for multi-family units; and to rezone a portion of 5 Old Fox Hill Road and 1221, 1224, 1226, 1244 and 1246 North King Street from Limited Commercial District (C-2) to C-2, with conditions, for multi-family units; and to rezone a portion of 5 Old Fox Hill Road from R-9 to C-2, with conditions, for multi-family and/or retail.
ACTION: Presented by Caroline Butler, Chief Planner. The applicant's attorney, Lawrence G. Cumming, also made a presentation.
ACTION: Held Public Hearing
ACTION: Deferred (1/23/2008)

MOVER: Councilmember Charles N. Sapp.
SECONDER: Councilmember Anderson W. Clary, Jr..
Ordinances - Second Reading
8.07-0655ORDINANCE TO ESTABLISH A NO WAKE ZONE AT THE MOUTH OF BACK RIVER ADJACENT TO FACTORY POINT FROM DAY MARKER #4 TO 100 FEET NORTH OF DAY MARKER #2
ACTION: Held Public Hearing
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Anderson W. Clary, Jr..
Ordinances - First Readings
9.07-0678AN ORDINANCE EXEMPTING FROM PERSONAL PROPERTY TAXATION CERTAIN PROPERTY LOCATED IN THE CITY OF HAMPTON OWNED BY NATIONAL MINORITY TV, INC., AN ORGANIZATION DEVOTED EXCLUSIVELY TO RELIGIOUS PURPOSES ON A NON-PROFIT BASIS AND PROVIDING FOR AN EFFECTIVE DATE.
ACTION: Held Public Hearing - the applicant was not present.
ACTION: Denied

MOVER: Councilmember Charles N. Sapp.
SECONDER: Councilmember Anderson W. Clary, Jr..
General Items
Ordinances
10.07-0648ORDINANCE TO AMEND CHAPTER 41.1 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “WETLANDS”, BY ADDING THERETO A NEW SECTION 41.1-17.1 ENTITLED, “WETLANDS MITIGATION” AND AMENDING SECTION 41.1-22 ENTITLED PENALTIES”.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
11.07-0654AN ORDINANCE TO AMEND AND REENACT CHAPTER 21, ARTICLE VIII, ENTITLED, “POLICE REQUESTED TOWING” BY AMENDING SECTION 21-215, AND BY ADDING THERETO NEW SECTIONS 21-216 AND 21-217.
ACTION: Adopted on First Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Anderson W. Clary, Jr..
12.07-0600AN ORDINANCE TO AMEND CHAPTER 35, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “SUBDIVISIONS” SECTIONS 35-1, 35-23, 35-45 AND 35-118.
ACTION: Adopted on Second and Final Reading - Items 12 through 16 were heard and voted upon together.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Anderson W. Clary, Jr..
13.07-0601AN ORDINANCE TO AMEND CHAPTER 17, OF THE ZONING CODE OF THE CITY OF HAMPTON, VIRGINIA, ARTICLE X, SPI-CBPD: CHESAPEAKE BAY PRESERVATION DISTRICT, SECTIONS 17.3-60 AND 17.3-64.
ACTION: Adopted on Second and Final Reading - Items 12 through 16 were heard and voted upon together.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Anderson W. Clary, Jr..
14.07-0602AN ORDINANCE TO AMEND CHAPTER 33.1, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “STORMWATER MANAGEMENT” SECTIONS 33.1-4, 33.1-7, 33.1-8.1 AND 33.1-9.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Anderson W. Clary, Jr..
15.07-0603AN ORDINANCE TO AMEND CHAPTER 9, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "BUILDING AND DEVELOPMENT REGULATIONS.” SECTIONS 9-1 AND 9-142.
ACTION: Adopted on Second and Final Reading - Items 12 through 16 were heard and voted upon together.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Anderson W. Clary, Jr..
16.07-0623AMENDMENT TO THE ZONING MAP.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Anderson W. Clary, Jr..
17.07-0671AN ORDINANCE TO AMEND THE CAPITAL BUDGET AND APPROPRIATE MONIES FOR THE GENERAL EXPENSES OF THE AMENDED CAPITAL BUDGET FOR THE FISCAL YEAR BEGINNING JULY 1, 2007 AND ENDING JUNE 30, 2008.
ACTION: Adopted on Second and Final Reading as Amended

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Anderson W. Clary, Jr..
Appointments
18.07-0637to consider an appointment to the Hampton-Newport News Community Services Board.
ACTION: Appointed Dr. Turner M. Spencer to fulfill the unexpired portion of Dr. Watkins' term which is scheduled to expire on June 30, 2009.

MOVER: Councilmember Angela Lee Leary.
19.07-0674to consider an appointment to the Parks and Recreation Advisory Board.
ACTION: Reappointed Lillian Gist to a second term which will expire on January 30, 2012.


MOVER: Councilmember Angela Lee Leary.
20.07-0675to consider appointments to the Hampton Clean City Commission.
ACTION: Reappointed Don Bartlett, John Golden, Pat Parker and Harriet Storm to terms which will expire on January 30, 2012, and appointed Arne Hasselquist to a first term which will also expire on January 30, 2012.


MOVER: Councilmember Angela Lee Leary.
21.07-0684to consider an appointment of an alternate to the Wetlands Board.
ACTION: Deferred (2/13/2008)

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Anderson W. Clary, Jr..
Audiences Granted to the General Public
  William Webster, Arne Hasselquist, and Frank J. Ottofaro briefly spoke.
Miscellaneous New Business
  Councilwoman Leary shared information with Council concerning Post Traumatic Stress Disorder (PTSD). She is seeking an adaptive reuse for Fort Monroe to offer services to veterans and also to civilians suffering from PTSD.
Adjournment