Last Publish on 2/17/2011 3:55:21 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, February 09, 2011
7:25 PM
Ross A. Kearney, II, Angela Lee Leary, Will Moffett, 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
  Mayor Ward called the meeting to order.
INVOCATION - Councilman Will Moffett
  Councilman Moffett gave the invocation.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Ward indicated there were a few matters to be handled under the Mayor's Comments portion of the agenda. Mary Bunting, City Manager, shared information on a development proposal for a portion of Fort Monroe, and asked Brian DeProfio, Special Projects Manager, to repeat a presentation given during the afternoon session of Council.

Following the presentation, Council voted upon a motion to authorize the City Manager to take the necessary steps to express opposition to the proposed project.

Councilman Kearney asked that the discussion of current animal control policy with respect to the trapping of wild animals take place at the next Council meeting and that, in the interim, information be provided to Council by the City Manager.
1.11-0037Motion to authorize the City Manager to send a letter of opposition to the project and to take other necessary steps to ensure the city's concerns are addressed.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Angela Lee Leary.
CONSENT AGENDA
Consent Items
2.11-0014Approval of the minutes from the afternoon session of December 8, 2010; the afternoon and public comment sessions of January 12, 2011; and the public comment session of January 26, 2011.
ACTION: Approved items 11-0014, 11-0018, 11-0019, 11-0020, 11-0026, 11-0027, 11-0028, and 11-0035 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
3.11-0018Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Virginia Department of Criminal Justice Services V-Stop Grant.
ACTION: Approved items 11-0014, 11-0018, 11-0019, 11-0020, 11-0026, 11-0027, 11-0028, and 11-0035 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
4.11-0019Resolution Approving Participation and Appropriation of the 2011 Juvenile Accountability Block Grant through the Hampton Court Services Unit from the Virginia Department of Criminal Justice Services.
ACTION: Approved items 11-0014, 11-0018, 11-0019, 11-0020, 11-0026, 11-0027, 11-0028, and 11-0035 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
5.11-0020Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2011 Hampton Domestic Violence Community Unified Response Effort (CURE) V-Stop Grant Funding Program through the Hampton Commonwealth's Attorney's Office from the Virginia Department of Criminal Justice Services.
ACTION: Approved items 11-0014, 11-0018, 11-0019, 11-0020, 11-0026, 11-0027, 11-0028, and 11-0035 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
6.11-0021Approval of Presentation of Distinguished Citizen Awards to Gwen Cumming and Will Moffett on January 26, 2011.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
7.11-0022Resolution in Honor of Hardy W. Cash, Sr. and Approval of Presentation of Distinguished Citizen Award and Naming of Codes Compliance Conference Room.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Angela Lee Leary.
8.11-0026Resolution of the City Council of the City of Hampton, Virginia, Approving the Creation of HRHA-King’s Arms, LLC and Hampton-King’s Arms, LLC
ACTION: Approved items 11-0014, 11-0018, 11-0019, 11-0020, 11-0026, 11-0027, 11-0028, and 11-0035 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
9.11-0027Ordinance to amend and reenact Chapter 5 “Animals” of the Code of the City of Hampton by repealing section 5-9 “Noisy Animals”.
ACTION: Approved items 11-0014, 11-0018, 11-0019, 11-0020, 11-0026, 11-0027, 11-0028, and 11-0035 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
10.11-0028Resolution Determining Interior Source to be the Only Source Practicably Available from which to Procure Nello Cubicles and Authorizing the Negotiation and Execution of a Purchase Contract with Interior Source as “Sole Source.”
ACTION: Approved items 11-0014, 11-0018, 11-0019, 11-0020, 11-0026, 11-0027, 11-0028, and 11-0035 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
11.11-0035Ordinance to amend and reenact Chapter 22 of the Code of the City of Hampton, Section 22-1 to permit Animal Control Officers in addition to Police Officers to issue summonses for noisy animal violations committed in their presence and Section 22-9 to delete the reference to the police division.
ACTION: Approved items 11-0014, 11-0018, 11-0019, 11-0020, 11-0026, 11-0027, 11-0028, and 11-0035 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
PRESENTATIONS, PROCLAMATIONS, AWARDS
PUBLIC HEARINGS
Rezonings
12.11-0029Rezoning Application No. 1292-2010: Proposal by Hampton Redevelopment and Housing Authority and Queens Plaza, LLC to rezone a 0.77± acre parcel (LRSN 2000405) and a 0.61± acre parcel (LRSN 2001170) from Multiple Residence (R-M) District to Multiple Dwelling (MD-2) District; a 0.05+ acre portion of a parcel (LRSN 2000406) from General Commercial (C-3) District to Multiple Dwelling MD-2 District; and a 0.01+ acre portion of a parcel (LRSN 2001134) from Two Family Residence (R-8) District to Multiple Dwelling (MD-2) District to permit a mix of apartments and townhomes in a multiple family development. These parcels are located between West Queen Street and Settlers Landing Road, approximately 340 feet east of LaSalle Avenue.
ACTION: Presented by Jeff Conkle, City Planner. Additional information was provided by Aaron Carter of the Hampton Redevelopment and Housing Authority.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved with fourteen (14) conditions.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Angela Lee Leary.
Use Permit
13.11-0030Use Permit Application No. 1068-2010 by Hampton University to construct a two story building to be used as a biomedical research center on five parcels totaling 2.0441+ acres located at 41, 45, and 49 East Tyler Street, 100 B College Place, and a portion of an unnumbered lot located on West Tyler Street (LRSNs 12001088, 12001089, 12001090, 12001091, and 12001034), zoned One Family Residence (R-11) District and Multiple Residence (R-M) District.
ACTION: Presented by Chris Dyser, City Planner.
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved with four (4) conditions.

MOVER: Councilmember Donnie R. Tuck.
SECONDER: Councilmember Ross A. Kearney, II.
Resolutions
14.10-0522Resolution Authorizing the Execution of a Use Agreement Between the City of Hampton and the Peninsula Metropolitan YMCA to Use the Hamptons Golf Course Located at 320 Butler Farm Road.
ACTION: Presented by Mary Bunting, City Manager.
ACTION: Held Public Hearing - there were no speakers on the item. Several individuals were present to support the item to include Angie Miller, Hampton YMCA Director; Tom Carnevale, Chief Operating Officer of the Peninsula Metropolitan YMCA; Dr. Patrick Parcells, Chairman of the First Tee of Virginia Peninsula Board of Management; Bruce Hoogstraten, Member of the Board of Directors of the Peninsula Metropolitan YMCA, and Greg Enterline and Charles Woodard, Board Members of the First Tee of the Virginia Peninsula Board of Management.
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Christopher G. Stuart.
General Items
Ordinances
15.11-0001Ordinance to authorize the vacation of city property located at 3725 Victoria Boulevard (LRSN 2001543), currently housing Pump Station No. 1, to be conveyed to Hampton Roads Sanitation District
ACTION: Removed

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Angela Lee Leary.
Resolutions
16.11-0034Resolution authorizing the creation of a separate entity exempt from federal taxation under IRC 501(C)(3) to solicit private funding to support the Hampton International Children’s Festival.
ACTION: Approved

MOVER: Vice Mayor George E. Wallace.
SECONDER: Councilmember Ross A. Kearney, II.
Appointments
17.11-0024to consider an appointment to the Animal Control Advisory Board
ACTION: Appointed James R. Thornton to fulfill an unexpired term which expires on August 31, 2012.

MOVER: Councilmember Angela Lee Leary.
18.11-0038Resolution Setting Forth Council Position on Proposed Multi-Family Housing Development by HRI Properties at Fort Monroe.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Angela Lee Leary.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
  Ms. Bunting reported that the gas line work mentioned earlier by Mr. Braunbeck is being done by Virginia Natural Gas and they are required to return it to its original state. She also provided information responsive to Hugh Bassette's previous question about the consultant fees on the Quash Street drainage design project. Hugh Bassette previously asked about the consultant fees on the Quash Street design.
Miscellaneous New Business
  Councilwoman Leary shared that Rob Reali will speak on a marine impact study done with respect to Fort Monroe at a town hall meeting on February 17th at 6:30 p.m. at the Phoebus Auction Gallery.

She also shared that she was providing to her fellow members of Council some information from the National League of Cities about the revitalization of downtowns.

Vice Mayor George Wallace shared information on HRI Properties, the developer for the proposed development at Fort Monroe.
Adjournment
  The meeting was adjourned at 8:44 p.m.