Last Publish on 12/12/2013 4:58:30 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, December 11, 2013
7:00 PM
Linda Curtis, W. H. "Billy" Hobbs, Jr., Will Moffett, Chris Snead, Christopher G. Stuart, Donnie R. Tuck, George E. Wallace, Mayor
Staff:
Mary Bunting, City Manager
Cynthia Hudson, 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 7:08 p.m. with all members of Council present.
INVOCATION - Councilman Billy Hobbs
  Councilman Hobbs gave the invocation.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Wallace recognized the following students who were the winners of the Mayor's holiday card contest:

Jessica Nemnick, Bethel High School
Makayla Futrell, Hampton High School
Deborah Cavin, Kecoughtan High School
Damaris Miranda, Phoebus High School.
CONSENT AGENDA
Consent Items
1.13-0452Approval of the minutes from the Council meetings of the afternoon of October 23, 2013, and the public comment and evening sessions of November 13, 2013.
ACTION: Approved items 1 through 9 and 11 on the consent agenda.

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember Christopher G. Stuart.
2.13-0439Resolution Authorizing The Hampton Department Of Parks And Recreation To Become A Member Of The Hampton Roads Criminal Justice Training Academy
ACTION: Approved items 1 through 9 and 11 on the consent agenda.

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember Christopher G. Stuart.
3.13-0458Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the FY2013 Port Security Grant Through the United States Department of Homeland Security, Federal Emergency Management Agency.
ACTION: Approved items 1 through 9 and 11 on the consent agenda.

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember Christopher G. Stuart.
4.13-0459Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2013 Residential Substance Abuse Treatment Grant (RSAT).
ACTION: Approved items 1 through 9 and 11 on the consent agenda.

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember Christopher G. Stuart.
5.13-0464Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Hazard Mitigation Grant Program through the Virginia Department of Emergency Management.
ACTION: Approved items 1 through 9 and 11 on the consent agenda.

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember Christopher G. Stuart.
6.13-0465Appoint Mayor George Wallace in the place of Councilman Chris Stuart on the Hampton Roads Planning District Commission and designating Mayor Wallace as the Executive Committee member to serve until June 30, 2014, and set Mayor Wallace's term on the Peninsula Airport Commission from June 30, 2014, until June 30, 2016.
ACTION: Approved items 1 through 9 and 11 on the consent agenda.

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember Christopher G. Stuart.
7.13-0473Resolution Amending Resolution #10-0139 Establishing The Hampton Senior Citizens Advisory Committee
ACTION: Approved items 1 through 9 and 11 on the consent agenda.

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember Christopher G. Stuart.
8.13-0474Resolution Establishing The Hampton Long-Term Care Coordinating Committee
ACTION: Approved items 1 through 9 and 11 on the consent agenda.

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember Christopher G. Stuart.
9.13-0475Resolution Authorizing the Continued Grant of an Encroachment to Ambika Condo, LLC of Approximately 1,100 Square Feet Over a Portion of City-Owned Right of Way Known As Old Town Lane (LRSN 2002981)
ACTION: Approved items 1 through 9 and 11 on the consent agenda.

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember Christopher G. Stuart.
10.13-0479Resolution Endorsing the City Manager’s Use of Funds Designated for Youth Violence and Crime Prevention for Implementation of a Summer Youth Employment Program
ACTION: Approved - this item was removed from the consent agenda by Councilwoman Snead to clarify that some of her concerns were understood and addressed.

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember Will Moffett.
11.13-0482Resolution Adopting the Hampton City Council Legislative Agenda for the 2014 General Assembly
ACTION: Approved items 1 through 9 and 11 on the consent agenda.

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember Christopher G. Stuart.
PRESENTATIONS, PROCLAMATIONS, AWARDS
PUBLIC HEARINGS
Rezonings
12.13-0460Rezoning Application No. 1313-2013: by the City of Hampton to rezone 1.59± acres at 35 Water Street [LRSN 12001133] and 47 Water Street [LRSN 12001132] from Limited Commercial (C-2) District to Special Public Interest – Public Land (SPI-PL) District
ACTION: Presented by Alison Alexander.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Christopher G. Stuart.
13.13-0461Rezoning Application No.1315-2103 by Praxair, Inc., formerly Union Carbide Industrial Gases, Inc., to amend the proffered conditions of Rezoning No. 652 in order to promote future redevelopment and to construct a new sanitary sewer pump station at 3201 Commander Shepard Boulevard (LRSN 6001003), totaling 30.94± acres. The site is currently zoned Heavy Manufacturing District (M-3) with conditions. It is also partially covered by the Special Public Interest-Magruder Visual Corridor (SPI-MVC) overlay zone and by the Air Installations Compatible Use Zone (AICUZ) 70-74 decibel noise contour.
ACTION: Presented by Tolu Ibikunle.
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved subject to 5 conditions.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
Use Permit
14.13-0462Use Permit Application No. 1091-2013: by Cathy Kane for live entertainment inside The Point restaurant at 30 E. Mellen St. [LRSN 12001399].
ACTION: Presented by Matt Smith.
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Christopher G. Stuart.
Other Public Hearings
15.13-0476Resolution authorizing the execution of a Use Agreement between the City of Hampton and the Urban League of Hampton Roads to use 1653 sq. ft. of the Y.H. Thomas School Building located at 1300 Thomas Street.
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
SECONDER: Councilmember Will Moffett.
16.13-0477Resolution 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: Held Public Hearing - there were no speakers on the item.
ACTION: Approved

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
SECONDER: Councilmember Linda Curtis.
Ordinances
17.13-0463Ordinance to Amend and Reenact: Chapter 1 Entitled, “Zones and General Provisions”; Chapter 3 Entitled, “R-R District – Rural Residential”; Chapter 3.1 Entitled, “R-33 District – One Family Residence District”; Chapter 3.2 Entitled, “R-22 District – One Family Residence District”; Chapter 3.3 Entitled, “R-43 District – One Family Residence District”; Chapter 3.4 Entitled, “R-LL District – One Family Residence District”; Chapter 4 Entitled, “R-15 District – One Family Residence District”; Chapter 5 Entitled, “R-13 District – One Family Residence District”; Chapter 6 Entitled, “R-11 District – One Family Residence District”; Chapter 7 Entitled, “R-9 District – One Family Residence District”; Chapter 8 Entitled, “R-8 District – Two Family Residence District”; Chapter 9 Entitled, “R-M District – Multiple Residence District”; Chapter 10 Article I Entitled, “MD-T District – Multiple Dwelling Townhouse District”; Chapter 10 Article II Entitled, “MD-2 District – Multiple Dwelling District”; Chapter 10 Article III Entitled, “MD-3 District – Multiple Dwelling District”; Chapter 10 Article IV Entitled, “MD-4 District – Multiple Dwelling District”; and Chapter 10.1 Article I Entitled, “RT-1 District – Todds Lane And Big Bethel Road” of the Zoning Ordinance of The City of Hampton, Virginia, By Amending Sections 1-13, 3-8, 3.1-9, 3.2-9, 3.3-9, 3.4-9, 4-8, 5-8, 6-8, 7-8, 8-8, 9-8, 10-12, 10-23, 10-34, 10-42, and 10.1-11 Pertaining to Fences, As The Provisions Governing Residential Fencing Were Formerly Located In Chapter 18 But Are Now Located In Chapter 1 Of The Zoning Ordinance.
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
General Items
Resolutions
18.13-0481Resolution Appropriating $45,000 from the "Short-Term Capital Initiatives" Capital Project Fund to Fund the First Phase of the Grand Contraband Camp Archeological Dig.
ACTION: Approved

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember Chris Snead.
Appointments
19.13-0386to consider appointments to the Citizens' Engagement Advisory Commission (CEAC) formerly known as the Ad Hoc Leadership Group
ACTION: Deferred (1/8/2014)

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
20.13-0433to consider an appointment to the Virginia Alcohol Safety Action Program (VASAP)
ACTION: Deferred (1/8/2014)

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
21.13-0455to consider appointments to the Coliseum Advisory Committee
ACTION: Reappointed Nellie Jo Yannarella to her second full three year term to expire on December 31, 2016 and appointed Joyce Melvin-Jones and Matthew Ballard to their first three year terms which will expire on December 31, 2016.

MOVER: Councilmember Linda Curtis.
22.13-0466to consider appointments to the Citizens' Unity Commission.
ACTION: Appointed Andrea Bynum replacing Lori Thomas until June 30, 2015; Thuy (Linda) Dang replacing Anthy Hall until June 30, 2015; Carter Phillips replacing Deborah Reese until June 30, 2015; and Kerri Thurman replacing Valerie Purcell until June 30, 2017.

MOVER: Councilmember Linda Curtis.
23.13-0467to consider an appointment to the Office of Human Affairs.
ACTION: Appointed Teesha Carter to represent Councilman Stuart until June 30, 2014.

MOVER: Councilmember Linda Curtis.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
  Councilwoman Snead expressed her best wishes to the community during the holiday season.

The City Manager commended Public Works for their nice work in lighting City Hall for the holiday season.

Councilman Tuck inquired as to the status of the disparity study and the City Manager indicated that she would provide an update.
Miscellaneous New Business
Adjournment
  Mayor Wallace lead the members of the Council in singing "We Wish You a Merry Christmas" and adjourned the meeting.