Last Publish on 1/25/2007 11:13:15 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 24, 2007
7:32:50 PM
Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, 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 - Angela Lee Leary
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  The Mayor indicated to those in attendance that the issue concerning parking on First Street at Richmond, Pilot and Tappan is not on the agenda tonight but will be considered by Council at the February 14, 2007, meeting.

Councilman Tignor complimented the City Manager, staff and Council on the excellent work on the Woodland Road / Fox Hill Road interchange.
CONSENT AGENDA
Consent Items - First Reading
1.07-0008AN ORDINANCE TO AMEND CHAPTER 28, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED PENSIONS AND RETIREMENT.
ACTION: Moved to waive the second reading of consent agenda items 1 through 6.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
ACTION: Moved to approve consent agenda items 1 through 6 on first and final reading.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
2.07-0009AN ORDINANCE TO AMEND CHAPTER 30.5, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “SMOKING.”
ACTION: Moved to waive the second reading of consent agenda items 1 through 6.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
ACTION: Moved to approve consent agenda items 1 through 6 on first and final reading.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
3.07-0010AN ORDINANCE TO AMEND CHAPTER 33, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “SPECIAL SALES.”
ACTION: Moved to waive the second reading of consent agenda items 1 through 6.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
ACTION: Moved to approve consent agenda items 1 through 6 on first and final reading.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
4.07-0017AN ORDINANCE TO AMEND CHAPTER 34, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “STREETS AND SIDEWALKS.” ARTICLE III IS BEING REPEALED BECAUSE IT DEALT WITH SIGNS ATTACHED TO FIXTURES IN, ON, OR OVER THOROUGHFARES WHICH ARE ADDRESSED IN THE SIGN ORDINANCE.
ACTION: Moved to waive the second reading of consent agenda items 1 through 6.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
ACTION: Moved to approve consent agenda items 1 through 6 on first and final reading.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
5.07-0018AN ORDINANCE TO AMEND CHAPTER 30, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “SEWERS AND SEWAGE DISPOSAL.”
ACTION: Moved to waive the second reading of consent agenda items 1 through 6.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
ACTION: Moved to approve consent agenda items 1 through 6 on first and final reading.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
6.07-0037AN ORDINANCE TO AMEND CHAPTER 36, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “SWIMMING POOLS.”
ACTION: Moved to waive the second reading of consent agenda items 1 through 6.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
ACTION: Moved to approve consent agenda items 1 through 6 on first and final reading.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
Consent Items - Other
7.07-0004A Resolution of the City Council of the City of Hampton, Virginia Supporting the Brand "Hampton Roads, America's First Region"
ACTION: Approved consent agenda items 7 through 22 with the exception of the minutes from January 11, 2007, in item #10.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
8.07-0007Resolution approving FY07 Second Quarter Budget Adjustments.
ACTION: Approved consent agenda items 7 through 22 with the exception of the minutes from January 11, 2007, in item #10.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
9.07-0019Resolution Appropriating FY06 End of Year Savings Program Funds from Designated Fund Balance.
ACTION: Approved consent agenda items 7 through 22 with the exception of the minutes from January 11, 2007, in item #10.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
10.07-0020Approval of Minutes from the afternoon and evening sessions of Council on January 10, 2007, and from the special meeting of January 11, 2007.
ACTION: Approved consent agenda items 7 through 22 with the exception of the minutes from January 11, 2007, in item #10.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
11.07-0023Approval of presentation of Distinguished Citizen Award to Dr. Mary T. Christian on January 14, 2007.
ACTION: Approved consent agenda items 7 through 22 with the exception of the minutes from January 11, 2007, in item #10.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
12.07-0027Criminal Justice System Improvements Grant
ACTION: Approved consent agenda items 7 through 22 with the exception of the minutes from January 11, 2007, in item #10.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
13.07-0028Hampton Domestic Violence Community Unified Response Effort (CURE) V-STOP Grant
ACTION: Approved consent agenda items 7 through 22 with the exception of the minutes from January 11, 2007, in item #10.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
14.07-0029V-STOP Hampton Domestic Violence Community Unified Response Effort (CURE) Grant
ACTION: Approved consent agenda items 7 through 22 with the exception of the minutes from January 11, 2007, in item #10.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
15.07-0030Juvenile Accountability Block Grant (JABG) to the City of Hampton
ACTION: Approved consent agenda items 7 through 22 with the exception of the minutes from January 11, 2007, in item #10.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
16.07-0035Proposed short-term lease with Bert Huggins, III and Jahi Huggins on property known as 206 Pine Chapel Road, which has been approved for acquisition by Council at its meeting of November 15, 2006.
ACTION: Approved consent agenda items 7 through 22 with the exception of the minutes from January 11, 2007, in item #10.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
17.07-0038Resolution Authorizing the City Manager to Accept the Conveyance of Easements for Drainage, Utilities, Ingress and Egress, and Conservation of Natural Resources.
ACTION: Approved consent agenda items 7 through 22 with the exception of the minutes from January 11, 2007, in item #10.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
18.07-0043Request for Refunds of Erroneous Tax Assessment
ACTION: Approved consent agenda items 7 through 22 with the exception of the minutes from January 11, 2007, in item #10.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
19.07-0003Proposed acquisition of residential property known as 1819 Rawood Drive from National Resort Properties, Inc.
ACTION: Approved consent agenda items 7 through 22 with the exception of the minutes from January 11, 2007, in item #10.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
20.07-0031Proposed acquisition of residential property known as 1817 Rawood Drive from Arthur C. Stewart
ACTION: Approved consent agenda items 7 through 22 with the exception of the minutes from January 11, 2007, in item #10.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
21.07-0032Proposed acquisition of Traffic Control Easement at 353 Fox Hill Road from Harold E. Mayberry, Sr., and Frances A. Mayberry.
ACTION: Approved consent agenda items 7 through 22 with the exception of the minutes from January 11, 2007, in item #10.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
22.07-0049Replacement Agreement for Commander Shepard Boulevard Extension Projects.
ACTION: Approved consent agenda items 7 through 22 with the exception of the minutes from January 11, 2007, in item #10.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
PRESENTATIONS, PROCLAMATIONS, AWARDS
23.07-0012Proclaiming February 18 - 24, 2007 as Engineers Week in the City of Hampton
ACTION: Presented by Councilman Paige V. Washington to Dan West of the Peninsula Engineers Club.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
PUBLIC HEARINGS
Rezonings - Second Reading
24.06-0703Rezoning Application No.1235 by James Crocker to rezone 78 Butler Farm Road from One Family Residence District (R-11) to One Family Residence District (R-9) to develop 15 single family homes.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
25.06-0759Rezoning Application No. 1238 by Donald W. Sowalskie to amend conditions of Rezoning No. 854 to allow the development of up to 32 fee-simple townhouses. The 4.23+/- acre parcel is located at 1531 North King Street and is zoned Neighborhood Commercial District (C-1) with conditions that require the property be developed for office and retail uses.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
26.06-0765Rezoning Application No.1237 by the Hampton-Newport News Community Services Board (CSB) and the City of Hampton to rezone 2.29+ acres north of Marcella Road and west of Medical Drive from One Family Residence (R-9) District to Limited Commercial (C-2) District for a nursing home.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Joseph H. Spencer, II.
Rezonings - First Readings
27.07-0034Rezoning Application No.1242 by Southeastern Capital Investments L.L.C to rezone approximately 4+/- acres located at the northwest corner of the Magruder Boulevard and Semple Farm Road intersection from One-Family Residence District (R-11) to Multiple-Dwelling Residence District (MD-3) for up to 48 apartments.
ACTION: Held Public Hearing
ACTION: Presented by Remington Ham, City Planner.
ACTION: Approved on First Reading

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
Use Permit
28.07-0015Use Permit Application No.1016 by the Hampton-Newport News Community Services Board (CSB) and the City of Hampton to operate a nursing home on 2.29+/- acres on the west side of Medical Drive, north of Marcella Road.
ACTION: Held Public Hearing
ACTION: Presented by Michael Hayes, City Planner.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
Comprehensive Plan Amendment
29.06-0767Community Plan Amendment #009-2006 – Buckroe Master Plan: Bayfront Initiative proposal by the City of Hampton to amend the Bayfront Initiative portion of the adopted Buckroe Master Plan.
ACTION: Held Public Hearing
ACTION: Moved to endorse the Option B package of amendments to the 2005 Buckroe Master Plan: Bayfront Initiative with the following changes/additions:

1. The illustrated concepts for development on both sides of the publicly owned and privately owned property should be viewed as only one concept and not the only type of development that could be considered. These recommendations should be flexible to allow for a variety of exposures to market conditions.

2. The Bayfront Initiative should be flexible to allow a mix of housing types ranging from high-density detached single-family units, to mansion-style condominiums, townhouses and higher density condominiums “flats” and “stacked” condominiums. City Council can evaluate both the timing and quality of the development proposals for each respective development parcel on their individual merits as they are submitted for review.

3. Generally the public developed sites (generally known as “B” blocks) identified in Option B, should be developed at a lower density than the private development sites located south of Point Comfort Avenue (Abbott, Dixon, Huff, Riley).

4. The proposed curved extension of Point Comfort Avenue to Resort Boulevard should terminate at the proposed Buckroe Pier site and should not permit vehicular traffic to connect to Bayshore Lane.

5. A small green area should buffer the pier parking lot from the residential area to the south. Pedestrians and bicycle connections should connect the terminus of Resort Boulevard to Bayshore Lane to permit pedestrian and bicycle connections to the proposed beach and recreation area at the north end of Fort Monroe.

6. South First Street should be designated as the main connection to Atlantic Avenue and to proposed northern connection to Fort Monroe.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
ACTION: Moved to suspend Roberts' Rules of Orders and make the previous vote of Council a unanimous vote in favor of the motion as stated.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
30.07-0033Community Plan Amendment No. 010-2006 is a request by the City of Hampton to amend the Hampton Community Plan land use recommendation for 45.3+/- acres located at the northwest corner of the Magruder Boulevard and Semple Farm Road intersection.
ACTION: Held Public Hearing
ACTION: Presented by Remington Ham, City Planner.
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Paige V. Washington.
Ordinances - Second Reading
31.06-0769An ordinance to repeal Article VIII of Chapter 9 of the Code of the City of Hampton, Virginia, entitled Registration and Inspection of Rental Dwelling Units.
ACTION: Adopted on Second and Final Reading

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
32.07-0013PUBLIC HEARING regarding the sale of approximately 18,608.9 sq. ft. and the franchise of 808 sq. ft. of real property located at Settlers Landing Road and known as 602 Settlers Landing Road, portion of RPC No. 2002990 to WSMZ, L.L.C. pursuant to the authority set forth in §§15.2-1800 and 15.2-2100 of the Code of Virginia of 1950, as amended.
ACTION: Held Public Hearing
ACTION: Presented by Councilman Gilliland who introduced the use of Google Earth in visualizing a 3-D model of the proposed Carousel Park. John Eagle, Assistant City Manager, made the presentation.
General Items
Resolutions
33.07-0036Resolution to approve the sale of approximately 18,608.9 sq. ft. and the franchise of approximately 808 sq. ft. of real property at 602 Settlers Landing Road to WSMZ, L.L.C., subject to the formal approval by City Council of a Development Agreement and Franchise Agreement between the City of Hampton and WSMZ, L.L.C., for the Carousel Park Restaurant/Retail Development
ACTION: Approved

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Charles N. Sapp.
Motion to Extend Meeting Beyond 11 p.m. Time Limit
  ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Paige V. Washington.
34.07-0041Resolution of the City Council of the City of Hampton, Virginia of its Intent to Adopt an Ordinance Establishing a Council-Appointed Citizen Board of Commissioners of the Hampton Redevelopment and Housing Authority and Repealing the Current Ordinance Establishing the Council as Commissioner.
ACTION: Approved

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Joseph H. Spencer, II.
35.07-0053Resolution of the City Council, City of Hampton, Virginia, in support of House Bill No. 2639, a Bill to Limit the Number of Local Governing Body Members Who May Serve on a Redevelopment and Housing Authority.
ACTION: Moved to remove this item from the agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
Audiences Granted to the General Public
Miscellaneous New Business
  Councilman Tignor relayed that the City Attorney had advised that the placement of advertising material on yards cannot be defined as litter.
Adjournment