Last Publish on 10/11/2007 6:58:29 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, October 10, 2007
7:27:04 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 - Charles N. Sapp
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
CONSENT AGENDA
Consent Items - First Reading
1.07-0532Request for refund of erroneous tax assessments for 2007.
ACTION: Approved items 1-3, 5-7, 9, and 11-13 on the consent agenda.

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Angela Lee Leary.
2.07-0540AN ORDINANCE TO AMEND CHAPTER 2, ARTICLE IV, SEC. 2-134 OF THE CODE OF THE CITY OF HAMPTON, ENTITLED "ADMINISTRATION" BY CHANGING THE AMOUNT OF GIFT OR DONATION THE CITY CAN ACCEPT WITHOUT COUNCIL APPROVAL FROM $1,000.00 TO $5,000.00.
ACTION: Approved items 1-3, 5-7, 9, and 11-13 on the consent agenda.

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Angela Lee Leary.
3.07-0541AN ORDINANCE TO AMEND CHAPTER 5, SECTION 5-42 (M), OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "ANIMALS."
ACTION: Approved items 1-3, 5-7, 9, and 11-13 on the consent agenda.

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Angela Lee Leary.
4.07-0561AN ORDINANCE TO AMEND THE CODE FOR THE CITY OF HAMPTON, VIRGINIA, CHAPTER 13.1 ENTITLED "LAND DISTURBING OPERATIONS", ARTICLE I, SECTION 13.1-3 AND ARTICLE II, SECTION 13.1-5
ACTION: Moved to waive second reading.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
ACTION: Adopted on First and Final Reading

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
Consent Items - Other
5.07-0535Approval of minutes from the special session of the Hampton City Council on September 24, 2007, and the afternoon and evening sessions of September 26, 2007.
ACTION: Approved items 1-3, 5-7, 9, and 11-13 on the consent agenda.

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Angela Lee Leary.
6.07-0549Resolution Approving the City of Hampton, Virginia's Acceptance of Aid to Locality Funds from the Commonwealth of Virginia - Department of Fire Programs Submitted by the Fire Division.
ACTION: Approved items 1-3, 5-7, 9, and 11-13 on the consent agenda.

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Angela Lee Leary.
7.07-0550Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2007 Aid to Locality Four-For-Life Funds Submitted by the Division of Fire & Rescue through the Commonwealth of Virginia, Office of Emergency Medical Services.
ACTION: Approved items 1-3, 5-7, 9, and 11-13 on the consent agenda.

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Angela Lee Leary.
8.07-0542Resolution authorizing the appropriation of $35,000 from the Economic Development Fund to the Industrial Development Authority of the City of Hampton, Virginia for professional services.
ACTION: Approved - Prior to this motion, Councilwoman Leary made a motion to defer which received no second.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
9.07-0543A Resolution of the Council of the City of Hampton, Virginia authorizing the appropriation of $550,000 from the Economic Development Fund to the Industrial Development Authority of the City of Hampton, Virginia to complete a signalized intersection on Hampton Roads Center Parkway.
ACTION: Approved items 1-3, 5-7, 9, and 11-13 on the consent agenda.

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Angela Lee Leary.
10.07-0544Resolution authorizing the appropriation of $1,900,000 from the Economic Development Fund to the Industrial Development Authority of the City of Hampton, Virginia for public infrastructure improvements to Hampton Roads Center North Campus.
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Charles N. Sapp.
11.07-0546Resolution Appropriating Funds from the Reserve Account for Sewer Extension Projects in the Wastewater Management Fund to the FY08 Wastewater Management Fund Capital Budget Line Item in Order to Satisfy Remaining Balance due under Development Agreement for Hampshire Glen Sewage Pumping Station Replacement.
ACTION: Approved items 1-3, 5-7, 9, and 11-13 on the consent agenda.

MOVER: Councilmember Paige V. Washington.
12.07-0547Resolution Appropriating $100,000 from Court Maintenance Reserve Account to Circuit Court Elevator (20-475-C254) for FY 08.
ACTION: Approved items 1-3, 5-7, 9, and 11-13 on the consent agenda.

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Angela Lee Leary.
13.07-0560Motion Authorizing City Manager to Execute Cooperation Agreement Between the City and HRHA in Support of Acquisition of Former Radisson Property.
ACTION: Approved items 1-3, 5-7, 9, and 11-13 on the consent agenda.

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Angela Lee Leary.
PRESENTATIONS, PROCLAMATIONS, AWARDS
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
14.07-0470Progress Report on Renovations and Youth Prevention Programs - Boys & Girls Clubs
ACTION: Presented by Steven S. Kast, Chief Executive Officer, Boys & Girls Clubs of the Virginia Peninsula.
PUBLIC HEARINGS
Rezonings - Second Reading
15.07-0464Rezoning Application No. 1260 by XL Development Group to amend conditions from Rezoning Application No. 1148 to include residential. The applicant is proposing to construct a live performance theater, full service hotel, retail, office space, town homes and structured parking. LRSN # 13001171
ACTION: Held Public Hearing
ACTION: Approved - There are 8 proffers with this Rezoning.

MOVER: Councilmember Charles N. Sapp.
SECONDER: Vice Mayor Randall A. Gilliland.
16.07-0500Zoning Ordinance Amendment to amend Chapter 2, Definitions, to incorporate definitions of “Flag Lot” and “Drive Through.”
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Charles N. Sapp.
17.07-0515Rezoning Application No. 1250 by the City of Hampton to rezone four properties located at 919 West Mercury Blvd [LRSN #7001175] (1.74± acres), 1932 North Armistead Ave [LRSN #7001178] (.33± acres), 1928 North Armistead Ave. [LRSN #7001177] (.80± acres), West Mercury Blvd [LRSN #7000334] (3.02± acres) (this is an unnumbered vacant property which is immediately adjacent to St. Paul’s Lutheran Church), from Limited Commercial (C-2) District to Neighborhood Commercial (C-1) District and; to rezone two parcels located at 1901 North Armistead Ave. [LRSN #7001180] (.9± acres) and North Armistead Ave [LRSN #7001185] (.08± acres) (this is an unnumbered vacant property which is between 1921 North Armistead Avenue and 1 Family Fun Place) from General Commercial (C-3) District to Limited Commercial (C-2) District and; to rezone West Mercury Blvd [LRSN #7000333] (6.56 ± acres) (this is an unnumbered vacant property which is adjacent to New Market Creek) from C-2 to One Family Residence (R-13).
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
18.07-0518Zoning Ordinance Amendment by the City of Hampton to adopt Article XVII “Special Public Interest-Buckroe Bayfront District,” within Chapter 17.3 “Special Public Interest Districts”.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Joseph H. Spencer, II.
19.07-0519Rezoning Application No.1244 by Patricia Mainor to rezone 1616 Todds Lane [LRSN # 3003857] from One Family Residence District (R-11) to Multiple Dwelling Townhouse District (MD-T) to allow the application of Use Permit #1021 to change from an Adult Care Residence-2 to an Adult Care Residence-3.
ACTION: Held Public Hearing - Phoebe Sigmon spoke in favor of the rezoning and in support of the associated use permit.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
Use Permit
20.07-0545Use Permit Application No.1021 by Patricia Mainor to change from an Adult Care Residence-2 to an Adult Care Residence-3 to permit up to sixteen (16) Adult Care Residents located at 1616 Todds Lane [LRSN # 3003857].
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Anderson W. Clary, Jr..
General Items
Resolutions
21.07-0538Resolution Approving FY 2007 Year End Budget Adjustments
ACTION: Adopted

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Charles N. Sapp.
Appointments
22.07-0471to consider an appointment to the Finance Committee.
ACTION: Appointed Councilwoman Angela Leary to fill the unexpired portion of Rhet Tignor's term which expires on March 31, 2009.

MOVER: Councilmember Paige V. Washington.
23.07-0558to consider an appointment to the Office of Human Affairs
ACTION: Appointed Councilman Anderson W. Clary, Jr. to fill the unexpired portion of Rhet Tignor's term which expires on June 30, 2010.

MOVER: Councilmember Paige V. Washington.
24.07-0559to consider an appointment to the Clean City Commission.
ACTION: Appointed Councilman Joseph H. Spencer, II, to fill the unexpired portion of Rhet Tignor's term which expires on June 30, 2008.

MOVER: Councilmember Paige V. Washington.
25.07-0487to consider appointments to the Peninsula Stadium Authority.
ACTION: Appointed Wanda Gomes, Trudy Kearney, Billy Hobbs, Michael Moore, and A. G. Womble to two (2) year terms and Lonnie Davis, Bruce Hoogstraten, John P. Vann, and Jesse T. Wallace, Jr. to four (4) year terms.

MOVER: Councilmember Paige V. Washington.
26.07-0539to consider appointments to the Citizens' Unity Commission.
ACTION: Appointed Robert L. Lewis Sr. to the unexpired term of Barbara Arsenault which will conclude on June 30, 2011, and Hector M. Cruz Lopez to the unexpired term of Harold Dehaven which also concludes on June 30, 2011.

MOVER: Councilmember Paige V. Washington.
27.07-0548to consider appointments to the Athletic Hall of Fame Committee.
ACTION: Appointed Bud Porter as Chairman to serve for four (4) induction cycles; and Pat Minetti, Lynn Burke and Andy Greenwell to serve for three (3) induction cylces; and John Graham, Rodney Genty and Buddy Denton to serve for four (4) induction cycles.

MOVER: Councilmember Paige V. Washington.
AGENDA SUPPLEMENT
28.07-0563A Resolution Appropriating $500,000 from General Fund Balance to the Hampton Redevelopment and Housing Authority in Support of the Authority’s Plans for Disposition and Operation of the Former Radisson Hotel by the Authority’s Subsidiary, Hampton Economic Development Corporation.
ACTION: Adopted

MOVER: Councilmember Charles N. Sapp.
SECONDER: Councilmember Joseph H. Spencer, II.
29.07-0564to consider a Council appointment to the Hampton Roads Regional Jail Authority.
ACTION: Appointed Councilman Anderson W. Clary, Jr.

MOVER: Councilmember Paige V. Washington.
Audiences Granted to the General Public
  Several individuals expressed their concern about the lack of curb and gutter in portions of the Olde Wythe neighborhood.

Frank J. Ottofaro spoke about the taking of his property at 11 Pine Chapel Road and also on the Radisson hotel.

Ed Miller spoke on the issue of a left turn from Pine Chapel onto Armistead Avenue.

Several individuals spoke against development in the White Marsh area.




Miscellaneous New Business
Adjournment