Last Publish on 1/13/2006 1:01:40 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, January 11, 2006
7:27:22 PM
Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Turner M. Spencer, Rhet Tignor, 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 Charles N. Sapp
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  The Mayor spoke briefly concerning the applications received in connection with the Fort Monroe Planning Steering Committee.
CONSENT AGENDA
Consent Items - Second Reading
1.05-0712An ordinance providing for the exoneration of certain taxes assessed against Monroe Apartment Corporation located at Fort Monroe for the fiscal tax year 2005/2006.
ACTION: Approved - Items 1 through 11 approved on Consent Agenda.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Rhet Tignor.
2.05-0716An ordinance to repeal Article V, Section 21-137 of Chapter 21 of the Code of the City of Hampton, Virginia pertaining to motor vehicles and traffic
ACTION: Approved - Items 1 through 11 approved on Consent Agenda.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Rhet Tignor.
Consent Items - First Reading
3.05-0763Armistead Avenue Improvements Phase 1B
ACTION: Approved - Items 1 through 11 approved on Consent Agenda.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Rhet Tignor.
4.05-0764Circuit Court Space Needs Study
ACTION: Approved - Items 1 through 11 approved on Consent Agenda.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Rhet Tignor.
Consent Items - Other
5.05-0758Proposed acquisition of property known as 35 and 35A Barrack Street from John O. Spivey
ACTION: Approved - Items 1 through 11 approved on Consent Agenda.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Rhet Tignor.
6.06-0008Proposed acquisition of property, known as 18 Barrack Street, from the Hardin Land Trust, Charles A. Huffman, III, Trustee
ACTION: Approved - Items 1 through 11 approved on Consent Agenda.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Rhet Tignor.
7.05-0759449+/- square foot fee right-of-way acquisition from Buckroe Associates, LLC. on property located at 616 E. Mercury Boulevard.
ACTION: Approved - Items 1 through 11 approved on Consent Agenda.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Rhet Tignor.
8.06-0024Contract between the City of Hampton and Hattie E. Wilson, et al. for the purchase of property on Harriett Street.
ACTION: Approved - Items 1 through 11 approved on Consent Agenda.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Rhet Tignor.
9.06-0011Community Planning Assistance Grant
ACTION: Approved - Items 1 through 11 approved on Consent Agenda.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Rhet Tignor.
10.06-0012Fund Appropriation for Fort Monroe Legal and Lobbying Services
ACTION: Approved - Items 1 through 11 approved on Consent Agenda.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Rhet Tignor.
11.05-0761Approval of minutes from the special joint meeting of the Hampton City Council and the Hampton School Board, the afternoon session of the Hampton City Council, and the evening session of the Hampton City Council, all held on December 14, 2005, and the special meeting of the Hampton City Council which was held on January 9, 2006.
ACTION: Approved - Items 1 through 11 approved on Consent Agenda.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Rhet Tignor.
PRESENTATIONS, PROCLAMATIONS, AWARDS
12.06-0020Proclamation in memory of Robert L. Journell
ACTION: Deferred (1/25/2006)

MOVER: Councilmember Rhet Tignor.
SECONDER: Vice Mayor Joseph H. Spencer, II.
13.06-0002Proclamation in recognition of the 2005-2006 Hampton High School Crabbers Football Team
ACTION: Presented by Vice Mayor Joseph Spencer to Head Coach Mike Smith and representatives of the Hampton High School Football Team.
14.06-0003Presentation regarding Hampton's Recognition in 2005 Digital Cities Survey.
ACTION: Presented by Councilwoman Leary to John Eagle, Director of Hampton's Information Services Department.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
PUBLIC HEARINGS
Rezonings - Second Reading
15.05-0725Rezoning Application No.1218-B by the City of Hampton to rezone approximately 3.54 +/- acres from General Commercial District (C-3) to One-Family Residential District (R-9) to permit the use and construction of single family homes.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Rhet Tignor.
Rezonings - First Readings
16.06-0014Rezoning Application No.1215 by Joshua Rodriguez to rezone 0.65+/- acres at 614 Old Point Avenue from General Commercial (C-3) District to One Family Residence (R-9) District for four single family housing units.
ACTION: Denied

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Angela Lee Leary.
17.06-0015Rezoning Application No.1219 by the City of Hampton to rezone approximately 1.9 +/- acres at 501, 503, 505, 507, 509 and 511 Shell Road; and 1426, 1430, 1432, 1434, 1436, and 1438 36th Street from General Commercial to a One-Family Residence District (R-9) to permit single family homes.
ACTION: Adopted on First Reading

MOVER: Councilmember Turner M. Spencer.
SECONDER: Councilmember Randall A. Gilliland.
Comprehensive Plan Amendment
18.06-00192010 Comprehensive Plan Amendment: Buckroe Master Plan and Fy05-09 Capital Improvement Plan Amendments
ACTION: Approved - The Buckroe Master Plan will be amended to continue the delay in public initiatives with the following exceptions/clarifications:

--Implementation of the Buckroe Fishing Pier initiative including construction of the extension of Resort Blvd. to Seaboard Ave.

--Construction of the Pembroke Ave. improvements including the extension of First St. from Pembroke Ave. to Point Comfort Ave.

--Implementation of the new school and recreation center initiative.

--Strategic property acquisitions.

Other Buckroe Master Plan public implementation initiatives may be authorized by City Council on a case-by-case basis upon request from the City Manager.

Additionally, language will be added to the “Streets and Open Space” section on page 19 recognizing the potential opportunities for street and open space connections between Fort Monroe and Buckroe.

Language will also be added to “The Bayfront Development Blocks” section on page 25 recognizing the potential value enhancements to this area from the possible public beach at Fort Monroe.

The residential market analysis will be reviewed with Zimmerman Volk Associates.



MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Charles N. Sapp.
Ordinances - First Readings
19.06-0016Public hearing on proposed ordinance creating the Peninsula Town Center Community Development Authority
ACTION: Deferred (2/8/2006)

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
20.06-0017Public Hearing on the proposed ordinance adopting the Conservation Plan for the Hampton Coliseum Mall Project
ACTION: Deferred (2/8/2006)

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
General Items
Ordinances
21.06-0018Repeal and re-enact Chapter 32 Solid Waste of the Code of the City of Hampton.
ACTION: Adopted on First Reading

MOVER: Councilmember Turner M. Spencer.
SECONDER: Vice Mayor Joseph H. Spencer, II.
Resolutions
22.06-0022Resolution authorizing a procedure for providing cash flow management for private operation of the Hampton Roads Convention Center
ACTION: Adopted on First Reading

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Rhet Tignor.
Appointments
23.06-0004consider an appointment to the Parks & Recreation Advisory Board.
ACTION: Appointed Ted Parr.

MOVER: Councilmember Rhet Tignor.
24.06-0005consider an appointment to the Hampton Clean City Commission
ACTION: Appointed James Hinton.

MOVER: Councilmember Rhet Tignor.
25.05-0710consider appointments to the Towing Advisory Board.
ACTION: Appointed Sgt. Tom Killelea and Cpl. Al Cline.

MOVER: Councilmember Rhet Tignor.
Conditional Privilege - Review
26.06-0009Requested voluntary termination of Conditional Privilege No. 80 for Live Entertainment at Bahir Dar Restaurant, 17 E. Queens Way.
ACTION: Approved - Conditional Privilege No. 80 is voluntarily terminated.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Rhet Tignor.
Other Items
27.05-0699Appeal of Denial of Certificate of Public Convenience and Necessity by Jachin Chandler
ACTION: Moved to uphold the denial.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Randall A. Gilliland.
Audiences Granted to the General Public
  Frank J. Ottofarro spoke with respect to his property on Pine Chapel Road.

Councilwoman Leary invited Mr. Ottofarro to participate in the North King Street corridor process.

The Mayor welcomed Cynthia Hudson as Hampton's new City Attorney.

Ms. Hudson made Council aware that Senator Marty Williams is unable to sponsor the proposed charter change. When Senator Williams initially indicated he would sponsor the bill, he was unaware of a deadline which had been imposed by Legislative Services.

Mike Wade of 15 Westminister Drive asked Council to support a bill which is pending before the General Assembly requesting that 75% of each Redevelopment and Housing Authority statewide be comprised of non-elected individuals.
Miscellaneous New Business
Adjournment