Good evening and welcome to the Hampton City Council legislative session.

Madam Clerk, will you call the role, please?

Councilman Bowman.

Present.

Vice Mayor Brown.

Here.

Councilwoman Campbell.

Present.

Councilwoman Fairby.

Present.

Councilwoman Harper.

Present.

Councilwoman Mugler.

President.

Mayor Gray.

President.

And the invocation this evening will be given by Vice Mayor Brown, followed by the Pledge of Allegiance.

So will you please stand and join the proposal?

Oh Lord, how great is your mercy and grace in the earth?

Tonight we look at our world as discombobulated.

There's confusion, there's civil unrest, their wars, their lives being lost, their earthquakes, and more rumors of war.

I pray tonight, God, for peace in the world.

Pray for the young men and women who are defending our freedoms in this country.

I pray for them.

I pray for their families.

Pray for our first responders who responded to earthquakes.

I pray for those who have given uh mutual aid to those in Venezuela.

I pray tonight, God, as we do the business of this city, I pray that we'll be civil.

I pray, God, that you would be in this place tonight and that you would wrap your arms around this great city.

And I ask tonight, God, that the peace of God which passes all understanding.

I pray that it'll keep our hearts and our minds through Jesus Christ our Lord.

Thank you, Lord, for our great staff, a great community, and great people in this great city.

And so as we do business tonight, let us think about what we're doing, making decisions for the most.

Marcellus Boo Williams, who is uh Hampton native, uh Phoebus High School graduate, St.

John University graduate, and a legend in the AEU basketball circles.

And uh, you know, obviously we also have a sports plex here uh named after Boo Williams, and the sports plaque attracts you know basketball teams and tournaments from all over the country.

It's big in our city, and we're proud of Boo Williams and the uh you know the work that he's done.

He also coaches basketball as well, and so Boo Williams, 17 and under Nike Elite Youth Basketball League girls were selected to represent Team USA at the 2026 International School Sports Federation World Basketball Championship in Zlatobor, Serbia.

I think I pronounced that correctly.

And that was from June 14th through June 26th, uh 22nd, where the team came in fifth out of 28 teams.

And uh we have representatives of the team with us tonight, and some of them were not able to tend attend, but we're going to uh present them with the city coins and also provide uh opportunity for you to see them this evening.

So before we do that, I want to show a small clip of what the basketball team has done.

So play the video.

Like my country is like looking at me and our team, like to represent and like dominate.

I was definitely assigned it, uh it's not a lot of opportunity a lot of people get but I'm definitely like now kind of nervous because it is like far but I was definitely assigned it when I was very excited for that a lot of people don't see it's like it's a great opportunity to go so let's do um overseas and that's a lot can only take a lot of faces, and that's I'm so grateful for that working on this one for the fan of the so Williams himself could not be here tonight because he is with the boys team out in Las Vegas and uh these girls sure have some wheels as they will head out tomorrow to join the boys in another tournament.

So uh please join me in congratulating these young ladies and you're gonna be able to meet them tonight and uh I'm gonna call names and ask them to come up along with the coaches uh Josiah Babb Uh Tamia Dyson Tanya Henson Justice Brown Jones Sidney Youngblood and London Ferguson and then we have coaches uh Adrian Webb and Nina Robinson uh who is the team logistics coordinator is also here with us this evening so I want to ask them to come up as well so uh we're very proud of these young ladies and what they've accomplished and uh obviously they're gonna get them back out to Las Vegas gonna be doing some other great things out there so go Blue Williams team so let's go down with city council members and uh take a couple photos I didn't really like you want to be back to that is I think you were right I'm not I'm thinking of it right here and I'll put it on the other way as a nice we wanted to present you all with something as well if you put your keys saying what representing USA was also a little birdie kept emailing me and saying um Vice Mayor um Brown said can you just please bring him something back from Serbia as a souvenir and I did I bought you something to hang on your refrigerator yeah, we'll leave it in the morning and to leave tomorrow.

Okay.

Okay.

Oh, thank you.

Okay.

We'll be back in Monday.

Okay.

Thank you.

Okay.

Then we leave there and do we go to Chicago.

Oh, yeah.

She doesn't hold for that team.

Okay, the new from the Sea to the Stars shop will have its uh grand opening tomorrow at Coliseum Central, selling a variety of Hampton theme apparel and merchandise.

This is the Hampton store.

And the store is located at 1675 Merchant Lane, and it will offer promotions and activities for its grand opening at 11 a.m.

tomorrow.

So come on out and celebrate with us.

And the shop's merchandise will include gifts, accessories, clothing, more, all of which celebrate the unique and special culture and history of Hampton.

So the uh the store is located in the space where our incubator is and our school entrepreneur shop is.

So it's a new space that uh will be very Hampton specific, but the first thing to open is the new merchandise store.

So you get a chance to come on out tomorrow and help us celebrate the grant open for that.

And uh this month is also National Parks and Recreation Month, and so I want to uh say thank you to uh all of our parks and rec staff who run our community centers, uh parks, and uh many other uh events that we hold in the city.

And you know, if you had a chance to come down to the waterfront and enjoyed that amazing fireworks show that we had on the 4th of July, all of that was helped was managed through our parks and rec division and our CVB team.

So they've all done a great job, and then each week they are putting on more and more events.

And uh, case you didn't know uh this week uh Grooving by the Bay, uh our evening uh series, music uh weekly series for music, is going back to Buckrow Beach and uh starting this weekend, and uh so there will be eight concerts uh over the next several months uh right down next stage with Buck Row.

So we're moving from Mill Point back to Buckrow Beach.

So if you normally come out and sit and enjoy music at uh Mill Point, which you've done over the last couple of years, come on back out to Buckrow Beach uh five until 8 8 p.m.

I think is the time.

I don't know who the first act this week, but the music's always good, so plan on coming down and uh enjoying the return of Grooving by the Bay to Buckrow Beach, and uh with that I'm going to uh ask the um clerk to read the protocol for the consent agenda, the consent agenda consists of routine non-controversial items which require council approval.

These items are typically adopted with one motion and without discussion.

Let's see.

Tonight, your consent agenda approves four encroachment agreements allowing installation of fences, appropriates $7,000 interest revenue from the capital project fund to fund custodial fees charged to the city, amends the FY2027 council approved budget to appropriate $1.1 million from the general fund committed fund balance budget savings to fund a portion of a two percent one-time bonus and approves the minutes of four city council meetings.

All right, need a motion a second, Mr.

Mayor, move approval of tonight's consent agenda.

Second.

Call a roll.

Councilman Bowman.

Present.

Aye.

Vice Mayor Brown.

Aye.

Councilwoman Campbell.

Aye.

Councilwoman Fairby.

Aye.

Councilwoman Harper.

Aye.

Councilwoman Mugler.

Aye.

Mayor Craig.

Aye.

And next, I have uh a couple of proclamations to share with you this evening.

Uh, the first of those, uh, in case you didn't know, tomorrow is the city's 400 and 16th birthday.

So we've been around a long time.

I think we look pretty good for 416 years old, don't you think?

And uh, so you know, with any major event or milestone in our city, we always try to celebrate that.

And this year, you know, Hampton's birthday comes up, and so I want to uh read a proclamation in celebration of the 416th birthday of the city of Hampton, Virginia.

So, whereas for thousands of years, Native people relied on the abundance of seafood, game, crops harvested from the region's rich natural resources, and for as long as people have inhabited North America, the tip of the Virginia Peninsula has been coveted for its beauty, abundance of natural resources, and favorable location, and still is today.

And whereas the Native American settlement of Kickatan was one of the jewels in the crown of the Powhatan's powerful Confederacy on the eve of the Europeans' arrival, and whereas in the early 1600s, English colonists often visited the village of Kickatan and rely partly on their corn and seafood for survival.

And whereas in 1609, Captain John Smith and the Virginia Company built a fort near Kickatan called Fort Algernon, located at Point Comfort, and known as Fort Monroe.

And whereas on July 9, 1610, an English force attacked a native community at Kickatan and planted a civilian English settlement, making Hampton the site of the oldest continuous English speaking settlement in the United States.

And whereas this pivotal event is marked as the birth of Hampton, after which Hampton was established as the customs port overseeing the colonial trade and became the primary outgoing harbor for the James River tobacco plantations that fed the English English's budding commercial empire.

And whereas Hampton's location positioned it to witness the beginning and ending of African American slavery, and in six in 1619, an English privateer arrived in Point Comfort with cargo of Africans and sold them in exchange for food and supplies.

And whereas Hampton's strategic location also made it the site of significant events in the Revolutionary War in 1812 and the Civil War, and whereas Hampton is the site of numerous firsts.

During the World War I, Hampton became the site of the United States' first aeronautical laboratory, and now NASA Langley Research Center is well known as this location where many scientific and engineering breakthroughs have been made.

And the center is this the center is also the location where training for the original Mercury 7 astronauts and lunar landing missions took place.

Hampton is also home to three hidden figures who helped America win the space race, and whereas today the city of Hampton's population includes descendants of original English settlers, African American slaves, Northerners who came to Hampton to invest in its natural resources after the Civil War and founded its quintessential seafood industry, southerners of old local roots, contraband refugees who made their way to Freedom Fortress, and families brought here by military ties to joint base joint base Langley Eustace.

And whereas Hampton has been recognized as a five-time All-America city recipient for outstanding civic accomplishments, it is home to thousands of citizens and maintains a natural setting that continues to attract visitors, military families, retirees to reside in this historic city.

And whereas Hampton proudly stands by the vision, we are Hampton, a vibrant waterfront community celebrating and embracing 400 years of history and innovation to create an even more dynamic future.

Now therefore I, James A.

Gray Jr., Mayor on behalf of the City of Council of the City of Hampton, Virginia, do hereby celebrate the 416th birthday of the City of Hampton, Virginia, and I call upon all citizens of Hampton to join me in celebrating this remarkable milestone and commemorating the history of this great city of Hampton.

A witness whereof I've hearing to set my hand and cause the seal of the city of Hampton, Virginia to be affixed this eighth day of July 2026.

Signed James A.

Gray Mayor.

So there are many things that occurred in this history, but it is our history over the past 416th years that's gotten us to where we are today, and we're very proud of the city that we've become.

So, how about a round of applause for Hampton on his birthday?

And on the back table, we don't have a cake, but we have some cupcakes.

And so uh when you get a chance before you leave tonight, uh grab a cupcake and uh help us celebrate Hampton's 416th birthday.

And then I have a second proclamation, which is also a major milestone.

And in case you didn't know, you know, our main library downtown has been closed for several months due to maintenance.

But uh yesterday we celebrated the uh reopening of the library, and it is back.

Uh so there are many reasons to come, whether you come to check out books, come to uh sit and use the internet or on some of these hot days, just come to take advantage of cool air conditioning.

The main library is back open.

And it's very timely because in celebration of the 100th anniversary of the first free public library in the city of Hampton, Virginia, and the birthday of that first library is July 12th coming up, and so we are celebrating another major milestone in our city.

So, whereas a well-informed and engaged community is the bedrock of a thriving democracy, and free access to knowledge and literature stands as a fundamental pillar of our society.

And whereas on July 12th, 1926, the Charles H.

Taylor Memorial Library opened its doors, achieving the remarkable distinction of becoming the first free county library in Virginia when Hampton was the county seat of Elizabeth City County.

And whereas the library was made possible by the generous donation from Hampton resident Grace Taylor Armstrong in memory of her father, Charles H.

Taylor, publisher of the Boston Globe.

And whereas upon Hampton's annexation of Elizabeth City County in 1952, the library became the city's public library system.

And whereas over the past century, the Hampton Public Library System has grown to include multiple branches and has served a population exceeding 135,000, with a physical and online collection exceeding 150,000 volumes.

And whereas the Hampton Public Library System has evolved to offer not only books, but the vital computer access to and literacy programs, community gathering spaces, and cultural enrichment programs made possible by the support of friends of the Hampton Public Library and the Hampton Public Library Foundation.

And whereas the 100th anniversary of this milestone serves as a powerful reminder of Hampton's legacy as a trailblazer for accessing accessible education and public enrichment in Virginia.

Now therefore, I, James A.

Gray Jr., mayor on behalf of the City Council of the City of Hampton, Virginia, do hereby celebrate the 100th anniversary of the first free public library in the city of Hampton, Virginia, and call upon all residents, civic organizations, educational institutions to join in celebrating this historic anniversary, honoring the vision of Grace Taylor Armstrong and recognizing the Hampton Public Library's enduring commitment to intellectual growth, literacy, and community spirit of Hampton, and witness whereof I have here into set my hand and cause the seal of the city of Hampton, Virginia to be affixed this 8th day of July 2026, signed James A.

Gray Mayor.

So I would like to ask our library director.

I'm sorry, Never.

Well, I'm sorry.

I apologize, but Leva White is our library director and uh has done an excellent job, library, so I like to call it accept the proclamation.

So as Councilmember to join us.

All right.

Let's see what's the next MP recommendations.

All right.

So I want to ask the clerk to read the protocol for public hearings.

The City Council is committed to fair and respectful hearings.

The following guidelines help ensure an orderly process.

Individuals wishing to speak must sign up in the City Hall lobby starting one hour before the meeting and ending when the meeting begins.

Speakers will be called in the order they signed up.

Speaker shall address council from the center podium.

Each speaker is allowed three minutes.

The timer has a green light, which will turn yellow with one minute remaining, then red when time is up.

All comments must be direct, must be addressed to the council, and speakers may not yield their time to others.

After all speakers are heard, the mayor will close the public hearing and invite council discussion and action.

Your first public hearing this evening is item number eight, twenty-six-0193.

It's an ordinance to amend and reenact the zoning ordinance of the city of Hampton, Virginia by amending Chapter 4, Article 11, Section 4-101 entitled Intent and Application of the District to amend the district's application and section 4-104 entitled lot area to reduce the required minimum lot area and the minimum frontage of the one family residential R4 district.

Yes, thank you, Mr.

Mayor and Council Members.

Donald Whipple, who is our chief planner, will make the presentation he'll cover, but I do want to note up front for the public that this ordinance is being necessitated by a recent law passed by the General Assembly, and Mr.

Whipple will go through the details of that.

What's wrong?

Well, that's not good.

Let's see if we can fix that.

We're having a technical difficulty that I will fix as quickly as I can.

Mr.

Mayor, members of council.

Uh this is zoning ordinance amendment uh number 26-0193, uh, specifically amendments to the one-family residential R4 district.

And more specifically, uh to section 4-104 to reduce the required minimum lot area and the minimum frontage of the R4 district.

The purpose of this amendment is to comply with Virginia House Bill 1212, uh, which uh all localities need to adopt uh a district that would permit a minimum lot area uh of three thousand square feet and minimum lot width of three thousand or of thirty feet, and it must be within an existing zoning district within that locality.

So our solution for you tonight is to modify the one-family residential uh R4 district, and why that district.

Number one, it's an existing zoning district.

It also is our residential district that has the smallest lot area and lot frontage of all the residential districts.

It is a district that's intended for more dense urban uh neighborhoods where you typically would have smaller lots, and it also uh fits into older uh the older characteristic, the characteristics of older neighborhood.

All of the other one family residential districts are larger, have larger minimum lot areas and minimum lot frontage, which would be a greater contrast to the required 3,000 square foot lot.

This is the current zoning ordinance language pertaining to lot area as well as the lot uh width.

Currently it's 4,000 square feet, basically, and a 40-foot frontage if you have uh access to an alleyway.

If you don't have access to an alleyway, then the minimum uh lot area is 5,000 square feet with a minimum of 50 feet of frontage.

I don't expect you to read all this, but basically the red line is adding in uh the 3,000 square foot that you see right here, 3,000 square foot and 30 feet of frontage.

We're still maintaining the 4 and the 5,000 square foot uh lot areas.

Uh if someone chooses uh to use those.

And so our analysis is this is uh the recommendation is complies with the new state uh legislation.

R4, we believe offers the greatest flexibility when developing smaller lots.

It also is there's greater compatibility with the development standards, and it's more compatible uh with the dense, more dense urban neighborhood character.

And as mentioned before, all other residential districts would be too dissimilar when with respect to the development standards.

And so with that, this is a public hearing item.

After the public hearing is held, uh staff and planning commission recommend approval of zoning ordinance number 26-0193.

That concludes my presentation, and I'd be happy to answer any questions you have of me.

Questions from council members.

All right, we don't have any.

Thank you, Mr.

Wilkinson.

All right, this is a public hearing.

Oh, this item does require a public hearing, uh so we're gonna open the public hearing.

There is uh no one else, uh no one signed up to speak, so we'll close the public hearing.

And uh need a motion in a second.

May I move that the city council approve and adopt zoning ordinance amendment 26-0193, reducing the minimum lot area requirements in the R district, R4 district as presented in the council agenda package.

Second.

We have a motion of second.

Madam Clerk, you call a roll.

Councilman Bowman, Vice Mayor Brown, Councilwoman Campbell, aye.

Councilwoman Fairby, aye.

Councilwoman Harper, Councilwoman Melcler.

Aye.

Mayor Gray.

Item number nine on your agenda is 26-0188.

It's an ordinance to amend and reenact the zoning ordinance of the city of Ampton, Virginia by amending chapter 11 to reduce required minimum parking for single-family detached two-family duplex or multifamily uses, and to add language permitting administrative reductions and minimum requirements.

City mayor and council members, this is also an amendment that's being necessitated by recent General Assembly legislation, and it will be presented by City Planner Gwen Heinrich.

Uh thank you, Ms.

Bunting, um, Mr.

Mayor, and members of council.

Um, once again, I'm presenting zoning ordinance amendment number 26-0188.

Uh, this is an amendment to reduce parking requirements in designated areas around public transportation facilities as required by the recent House Bill 888.

Um, it will add provisions to permit administrative reductions in parking requirements outside of these designated areas as required by House Bill 888, and it removes existing language for transit parking credits.

The recent House Bill 888 was passed in the 2026 legislative session, and it went into effect on July 1st.

And it requires that within a half mile of any mass transit or public transportation facilities, parking would be reduced to no more or minimum parking requirements would have to be reduced to no more than one half of one parking space per multifamily dwelling unit and one parking space per one family, two-family or townhouse unit.

And the bill also requires localities to create a process for to reduce off-street parking requirements administratively for residential uses that fall outside of the one-half mile radius of transit facilities, and to be allow that reduction to be done by at least 20% of the required parking.

So this is a table of our existing residential minimum parking requirements.

For single-family detached units, we require a minimum of two spaces per housekeeping unit.

Accessory dwelling units do not require any additional off-street parking unless there's no on-street parking.

Two-family or duplex units require also two spaces per unit on site.

Multifamily, which encompasses apartments, townhouses, or condominiums, requires one space per one bedroom unit, one and a half spaces per two-bedroom unit, and two spaces per three or more bedroom units, as well as guest parking at a ratio of one space per five dwelling units and bicycle parking at a ratio of one space per 50 required automobile spaces.

None of those requirements, the we're not making any changes to the parking table, but to comply with this legislation, we are adding a new section at the end of the parking table, section 11-2.1, which will define the designated areas and public transportation facilities that these standards will apply to.

And so as you can see, this will affect downtown Hampton, the pasture point neighborhood, and parts of Old Hampton and Old Northampton.

This is the red-lined language or the new section in the language that defines designate the designated areas and then defines public transportation facilities as any facility with at least five outdoor boarding areas, and it contains a building or instructor which with restrooms accessible to the general public.

For the administrative review section of the new bill, we are replacing the existing section 11-8 number three, which concerned transit parking credits and transit oriented developments.

So we will replace that with language on the procedure for administrative reductions to request a reduction in parking outside of these designated areas.

The applicant will submit a parking study and a narrative statement.

And zoning staff will either approve or deny the request for reduction based on any of the following factors: either impact on parking occupancy on site, proximity to public transportation, the walkability of the surrounding area, proximity to shared parking or on-street parking, impacts to any environmentally sensitive areas, such as the Chesapeake Bay Preservation District, and if it's a mixed-use parcel, then the nature of any non-residential uses on the site.

This is the language that is currently in Section 11-8-3 that we are replacing.

And then this is the um this is the uh outline of how to apply for administrative reduction.

And then these are the criteria that I just referenced.

And it also, in no case, may the zoning administrator grant this reduction to any development that is required by the ordinance to have a minimum number of five or fewer off-street parking spaces.

So it's only for developments that have more than that number.

So in summary, this the amendments from this in this presentation will allow the city of Hampton to comply with the new state legislation.

They will provide increased parking options for developers and allow them to reduce parking in certain cases.

But in most of those cases, they will also allow staff review, which will enable a case-by-case analysis of sites and prevent any allow us to see any significant issues that may come.

They also will promote walkability and transit-oriented development within Hampton.

And therefore, after the public hearing, staff and planning commission both recommend approval of this zoning ordinance amendment number 26-0188.

Thank you, and I'm available for any questions you may have.

Any questions for Mr.

Hyrie?

Okay.

Thank you, sir.

This item does require public hearing, so we're going to open the public hearing.

There is no one signed up to speak, so we'll close public hearing and call for a motion in the second.

Mr.

Mayor, I move city council approve and adopt zoning ordinance amendment 26-0188 regarding minimum parking requirements as presented in the agenda packet.

All right.

Councilman Bowman.

Aye.

Vice Mayor Brown.

Aye.

Councilwoman Campbell.

Aye.

Councilwoman Fairby.

Aye.

Councilwoman Harper.

Aye.

Councilwoman Muggler.

Aye.

Mayor Gray.

Aye.

Item 10 on your agenda is 26-0194 ordinance to amend and reenact the zoning ordinance of the City of Hampton, Virginia by amending Chapter 14, Article 1, Sections 14-9 and 14-11, entitled Violation and Revocation of Use Permit to Update Procedures Governing the Revocation of Use Permits.

Mr.

Mayor and Council Members and our own deputy director of the community development department, Stephen Lynch is going to do this presentation.

We're bringing this forward to you to enhance and clarify the revocation procedures for situations where public safety is concerned.

Thank you, Madam Manager.

Mayor, Vice Mayor, members of council, city manager, city attorney, good evening.

Again, this is to address the zoning ordinance amendment for the use permit refilings and revocation.

The purpose is to modify Section 14-11, and it will provide council the ability to consider revocation directly without waiting for or receiving a recommendation from the Planning Commission.

And this is Section 14-9 to add revocation to the refiling period of a use permit application.

This is the current language in the ordinance and it calls for council to uh process a revocation of use permit after the notice of a public hearing.

You will see within that language it provides the terms that or conditions that may be violated to allow for the council to consider a revocation.

Importantly enough, the current procedure follows the same procedure for the approval of a use permit, which calls for a review by the planning commission and a recommendation to the city council.

This process currently requires a 15-day notice to the owner of the subject property prior to a public hearing.

You will note here the language as it's being modified.

In the red, it removes the requirement for council to wait for the planning commission to act and to provide a recommendation.

The revocation can come directly to the council for its consideration.

All of the requirements remain consistent in that language.

Additionally, we're addressing the refiling of a use permit application upon denial, and the key word there is denial, and you will see the changes as they are put forth in the ordinance language on our next slide.

And no application for use permit shall be accepted within one year of denial by the city council.

And here we have the language that is being amended.

Key point is we are now adding the word or revocation because the ordinance did not address revocations, it only addressed denials.

And if any use permit is revoked by the city council, the holder of that permit may not seek a use permit for the substantially or the same use or substantially same land until one year after such date of that revocation.

Again, the key point there is the addition of revocation.

This eliminates the requirement for the recommendation from the planning commission and it allows council to be more efficient and to act quickly when a revocation is to be considered.

Again, it adds revocation as an action prohibiting immediate reapplication of a use permit.

The one-year period has to be recognized and adhered to, and it restricts the substantial same use of this on the same land by the same parties for again a term of one year after revocation.

This is a public hearing council, and after which we are asking council to consider the action, staff and planning commission recommends approval of ZOA number 26-0194.

I will address any questions that you have.

All right.

Questions for Mr.

Lynch.

All right, beyond that.

So thank you for the presentation.

This item does require public hearing, so we're going to open the public hearing.

There is no one signed up to speak on this item, so we'll close the public hearing and I'll call for a motion.

Mr.

Mayor, I move city council approve and adopt zoning ordinance amendment 26-0194.

Amending use permit revocation and appeal procedures as presented in the agenda packet.

So I second.

Second.

Councilman Bowman.

Aye.

Vice Mayor Brown.

Aye.

Councilwoman Campbell.

Aye.

Councilwoman Fairby.

Aye.

Councilwoman Harper.

Aye.

Councilwoman Muggler.

Aye.

Mayor Gray.

Aye.

Item 11 on your agenda is 26-0195.

It is an ordinance to amend and reenact the zoning ordinance of the city of Hampton, Virginia by amending Section 2-2 and Title Definitions, Section 3-3 entitled Additional Standards on Uses, and Section 9-23 entitled Modifications to Permitted Uses to Modify Security and Related Standards and Permit Revocation Procedures applicable to restaurant two establishments.

Alright, thank you so much so much.

Good evening, members of council.

So I'm presenting proposed zoning ordinance amendments related to restaurant two establishments.

The purpose of this amendment is to address operational impacts associated with certain late-night restaurant operations while maintaining the intended character of restaurant to establish.

Oh, I'm sorry.

That's okay.

Okay, you can continue.

These proposed amendments are intended to modernize the restaurant two regulations and better address operational impacts associated with late-night entertainment activity.

The proposal focuses on establishments that combine alcohol service, live entertainment, later operating hours, and larger occupancies.

The amendments also align restaurant two standards more closely with recent restaurant three policy direction where operational characteristics are similar.

Finally, the proposal addresses gaps in the current ordinance related to security, third party promotions, and visibility standards.

Currently, restaurant two establishments with an ABC license may operate between 5 a.m.

and midnight.

The ordinance also limits live entertainment areas to 75 square feet and prohibits dance floors.

Existing security requirements are relatively limited.

When live entertainment occurs, an attendant is required to monitor ingress and egress points and parking areas.

Staff believes these existing standards do not adequately address operational impacts associated with higher-intensity entertainment environments.

The Hampton zoning ordinance distinguishes between three restaurant uses.

This slide illustrates a few key distinctions between restaurant one, two, and three.

So first, restaurant one, these establishments do not permit alcohol service or live entertainment.

Restaurant two requires a zoning administrator permit and allows them to operate until midnight when alcohol is served.

They may also offer limited live entertainment subject to operational restrictions.

Then we get to restaurant three.

These establishments are reviewed through the use permit process and may operate outside the limitations established for restaurant one and two if approved by city council.

As part of this review, staff evaluated how surrounding localities regulate similar establishments.

This comparison shows that while alcohol sales are commonly permitted, localities frequently impose additional standards related to entertainment activity, late-night operations, and security measures.

Many localities also regulate third-party promotions either through ordinance provisions or permit conditions.

This slide specifically focuses on security staffing practices used by surrounding localities.

So while the standards may vary, the common approach is to require monitoring of ingress and egress points along with additional exterior monitoring of parking areas by certified security personnel.

The proposed Hampton standards were informed by Hampton Police Department's operational recommendations and prior use permit approvals.

In summary, surrounding localities commonly impose additional requirements when establishments include the following: so alcohol service, live entertainment, late night operations, and larger occupancies.

So staff also reviewed how localities address third-party promotions.

Specifically, Portsmith prohibits third-party promoters through their zoning ordinance, and Norfolk restricts them through their conditional use permit conditions.

These approaches, along with recent Hampton use permit conditions approved by council, inform staff's recommendation to restrict third-party promotional activities within the proposed amendment.

So the proposed amendment would do a few things, so establish clear conditions for when security is required.

It will distinguish between incidental and intensive live entertainment types, prohibit third-party promotions, and required window transparency during evening operating hours to support visibility and oversight.

This slide outlines the four conditions that trigger the security requirements.

So those conditions again are alcohol service, intensive live entertainment, and we'll get into those differences in just a minute.

Occupancy of 100 or more patrons, and operations beyond 11 p.m.

So, for example, if a restaurant two establishment comes in for a zoning administrator permit, they indicate that they want to offer intensive live entertainment at any time.

And they serve alcohol, have an occupancy of over 100, and plan to operate beyond 11 p.m.

The security requirements would apply from 11 p.m.

until 1230 each day, regardless of whether the live entertainment is occurring at that specific time.

This approach bases the security requirements on the approved operating characteristics of the establishment instead of whether live entertainment happens to be occurring at that particular time.

Basing enforcement solely on when live entertainment is occurring has historically been difficult to administer and can create uncertainty regarding when the security requirements apply.

So we'll take a look at both the existing and the proposed live entertainment definitions.

So this compares the two.

We'll review the different categories of live entertainment introduced by the amendment in the next few slides.

The proposed revisions primarily clarify what constitutes live entertainment and establish clear distinctions between various types of live entertainment.

So this one introduces the distinction between incidental and intensive live entertainment.

So we'll start with incidental.

This would be intended to cover low intensity performances such as a solo musician, live comedy, trivia, or spoken word performances.

Whereas intensive is where we're getting into those performances that would involve multiple performers, karaoke, DJing, or any entertainment formats incorporated pre-recorded material in conjunction with live performance activity.

This distinction is important because the proposed security requirements would apply specifically to those establishments that have intensive live entertainment as opposed to the lower intensity.

This amendment also proposes a definition and prohibition related to third-party promotion activities.

The definition is intended to address arrangements where outside promoters receive compensation tied to attendance, event revenue, or temporary operational control of an establishment.

Staffs concerned that these arrangements may create operational environments that differ significantly from the approved restaurant use and may increase crowd management and public safety concerns.

So again, when the four operational thresholds are met, security standards would apply.

So the proposal for the security requirement would be one certified security personnel per 100 occupants monitoring the interior and ingress and egress points.

Additionally, two certified officers monitoring parking areas and exterior premises.

These requirements would only apply from 11 p.m.

until 30 minutes after closing, which would be 1230.

In addition to personnel requirements, the proposal includes camera and identification measures.

The amendment will require exterior security cameras connected to the Hampton Police Department Real Time Information Center.

Businesses would be responsible for obtaining and installing compatible equipment necessary for that connection.

Their proposal would also require ID scanners beginning at 8 p.m.

to verify patron age with records retained for a minimum of seven days.

These measures are intended to support enforcement, improve incident response capabilities, and enhance public safety oversight.

To summarize, staff recommends that the security requirements apply only when the four operational characteristics are present.

So again, we have alcohol service, intensive live entertainment, operations beyond 11 p.m.

and occupancy exceeding 100 persons.

When all four of these conditions are present, the security requirements apply nightly from 11 p.m.

to 12 30 a.m.

regardless of whether intensive live entertainment is occurring at that specific time.

Staff is also recommending restrictions on third party promotions, evening window transparency requirements, and a pre-permit compliance meeting for establishments seeking approval for intensive live entertainment.

This slide highlights additional refinements.

So the revised floor plan requirement provides greater detail regarding the operational layout of the establishment, including ingress and egress points, dining areas, bar areas, event spaces, and performance areas.

The intent is to improve clarity during permit review and ensure approved operational layouts remain consistent over time.

Staff is also proposing an additional eligibility standard related to prior permit revocations.

So under the proposed language, when a restaurant three use permit has been revoked, that business would not be eligible to obtain either a new restaurant three use permit or a restaurant two zoning administrator permit at the same location for a period of one year following the revocation.

This provision is intended to maintain consistency between enforcement actions and future operational approvals.

This concludes staff presentation following the public hearing.

Staff recommends approval of zoning ordinance amendment number 26-0195 as amended by the planning commission, and I am available to answer any questions.

Questions from Council members from Miss Michael.

All right, the order.

Thank you for the presentation.

Um this item requires a public hearing.

We're going to open the public hearing.

There's no one signed up to speak, so we'll close the public hearing and call for motion.

Mr.

Mayor.

I move that city council approve and adopt zoning ordinance amendment 26-0195.

Amending permit requirements and other standards applicable to restaurant two in the planning commission recommended version presented as exhibits three, five, and six in the agenda packet.

So second.

Second.

Mayor Clerk, you call a roll.

Councilman Bowman.

Vice Mayor Brown.

Councilwoman Campbell.

Aye.

Councilwoman Faraby.

Aye.

Councilwoman Harper.

Aye.

Councilwoman Muggler.

Aye.

Mayor Gray.

All right.

So with that, I'm going to ask the clerk.

Oh, sorry.

Aye.

Thank you.

The motion carries.

All right.

Okay, Madam Clerk, will you read protocol for public comment?

Yes, sir.

Council meetings are for conducting city business.

Public comment is allowed on matters within the council's authority and follows public hearing items.

Speakers must follow the citizen participation protocol.

Speakers may sign up in the lobby one hour before the meeting and until it begins.

Speaker shall address counsel from the center podium, and each speaker is allowed three minutes.

The timer has a green light, which will turn yellow with one minute remaining, and then red when your time is up.

Please speak respectfully and avoid personal attacks.

Focus on topics within council's jurisdiction.

Do not use the platform for political campaign speeches.

Comments must be directed to the council, and yielding time is not allowed.

Audience must remain respectful and refrain from interruptions.

Council typically listens without engaging in discussion.

Responses may be provided by the city manager, city attorney, or council members after public comment.

Failure to follow the protocol may result in removal from the podium or meeting after a fair warning.

Thank you.

All right, thank you.

And for those who are speaking for the first time, the indicator lights are here in front of the vice mayor.

There's a green light, yellow light, and red light.

When the yellow light comes on, you have one minute left.

And uh if you wrote a five-minute speech, you still only get three minutes to say your five-minute speech.

So uh come on up and uh, you know, just try to comply with that, and we'll have a good speech and enjoy whatever you have to say this evening.

So with that, I'm gonna ask uh Miss Um Janice Johnson is our first speaker.

Ms.

Johnson, how are you doing this evening?

Good evening.

My apologies for providing sound in your meeting.

Okay.

I was nervous about using a phone to do this.

I'm a paper person.

Okay.

Good evening, uh, Mayor Gray, members of City Council and Hampton citizens.

My name is Jay Johnson.

I'm here this evening to remind you that the fourth Hampton Storytelling Festival starts next week on Friday and goes through Saturday.

It is a wonderful festival that we've been providing for the city, and we want you all to come.

Um, all of the stories, which are grown-up stories, are told by professional storytellers.

Professional means that they make their living telling stories.

So you know they're serious people, okay.

We get a divide a very diverse group of storytellers not only to represent our festival, but also to represent the city.

Storytelling is run, the Hampton Storytelling is run by a very small but mighty group of volunteers.

All of us believe that everybody has a story, and we are encouraging everyone to tell their stories.

That is the reason we started the Hampton Storytelling Festival to encourage people to talk to each other rather than at each other, to build community, and to have people to celebrate who they are and where they are.

So we do a lot of things as a part of Hampton storytelling.

During the four years that we have been in operation, we've had over 134 performances in the storytelling festival in monthly storytelling sessions, which we call the no rusty ears sessions because somebody said if we only heard storytelling once a year, there is would get rusty.

So we tell stories every month to prevent that.

We also have story swaps on a monthly basis, and we have storytelling academies on demand, so that people can learn to tell their own stories.

And there have been hundreds of them, including visitors from Florida, Georgia, Maine, Michigan, and um New York, all have come here and have come now to believe that Hampton is the storytelling capital of Virginia.

I like that.

A fantastic 2026 Hampton Storytelling Festival is about to begin, and it will begin with individual storytelling on Friday morning at the library.

Nestor's gonna tell an immigrant story, and then we'll have general storytelling throughout the day at the American Theater on Saturday morning.

Charlotte will be telling a story about the six Triple Eight uh battalion at the one-ten gallery, while Darcy is telling a story about revolutionary women at the uh Fort Monroe.

So, you all come.

Thank you.

Gotcha.

All right.

Next speaker is Jeannie Belgrave.

Hey.

Good evening, Major, Vice Major, members of City Council, and City Manager.

My name is Ginny Belgrave.

I have been involved in technology since my college years in the 1990s when I studied electronic visual arts and explored emerging digital technologies as part of my academic work.

Since then, my professional journey has continued to intersect with technology, cyber security, digital media, education, and innovation.

During my service in the United States Air Force, I also received extensive technology-related training from a national defense perspective.

Today, digital technology has become deeply embedded in our everyday lives.

It is often said that children today seem to be born with a smart device in their hands, reflecting how naturally the digital world has become part of daily life.

From health care and education to banking, public safety, business, and government services.

Digital infrastructure now forms the backbone of how we live, work, learn, and communicate.

I appreciate the city for beginning this important discussion on digital infrastructure and data centers.

I believe this represents a significant opportunity for Hampton with Hampton.

With thoughtful planning, digital infrastructure can strengthen strengthen our local economy, attract high quality technology employers, create skills jobs, support work for development, and position Hampton as a leader in Virginia's growing digital economy.

If Hampton plans wisely today, we can create a future that welcomes innovation while prevent preserving the character and well-being of our community.

My hope is that Hampton becomes known not only as the city that embraces technology, but as one that does so responsibly, strategically, and with future generations in mind.

All right, thanks.

Okay, all right.

Next speaker is Denise Wills.

I'm sorry, I'm sorry, Miss Wills.

I skipped somebody.

Next speaker is Joe Scaley.

Thank you.

First, I'd like to thank everybody in front of me for helping out and making Buckroad Beach a better place.

You're doing a great job, and all the infrastructure changes are extremely helpful.

Um I want to speak a little about data centers, basically, just by looking up certain facts, medium-sized data centers consume about 300,000 to 500,000 gallons of water per day.

Also, a large-scale data center facility can use up to five million gallons daily, it can create a tremendous strain on your water systems.

We are known as a water place.

I'd like to see us not be known as a place that increases your water bills tremendously or decreases your water quality and make it so you can't even um use your own sprinkler system.

Um Chesapeake recently had this opportunity of to have a 350,000 square foot data center put in and it was uh rejected soundly by them.

That is over eight acres dedicated to one of these centers.

I don't know what size they're planning on, but oh my goodness.

Also, there's been an increase in power bills.

What seems to happen is that the building of these things, they put the money charges on the local system instead of paying for it themselves, even though the number of people who benefit mostly from this are seven billionaires who control most of these data centers.

Um of course uh just as we did with the tower that we built uh in the field for uh the uh telephone system.

Um we have attorneys come and speak with us who are supposed to be uh diligently independent and they're receiving a hundred to two hundred to four hundred dollars per hour to convince us of things that later on we have no ability to enforce, which is a shame.

I want to know what the cost to the city would be.

Um why not use the eight acres to create organic farms that would increase the affordability of the city?

Right now, affordability is a huge issue in this country, or we can add additional money to um bringing people to Queen Street for all the restaurants and all the areas that are closest uh to City Hall.

These are things that we can do with the money that you're going to be spending, whether you want to or not.

Um so I I ask you to look at affordability and I ask you to look at possibly 50 additional cities, towns, and even states that have said they do not want these data centers, but mostly if you're going to have a data center, which I think is they're trying to scale them down so they can sneak them in, just realize that then the next two years from then they ask for more space, just as you would if you were a bar.

So I thank you very much, thank you, Mrs.

Skelly.

Uh now next speaker is Denise Wheels.

Good evening.

Um I apologize.

Um this is the first time I've ever spoken in this type of form, but I thank you all for being here tonight and to uh listen to our concerns.

Um my concern that I would like for you all to uh give attention to.

I live on East Pembroke Avenue in Hampton.

I moved in two years ago, actually two years ago this month, um, and there is an establishment on the corner of Woodland Road and East Pembroke Avenue.

Um's hookah and bar.

I have several concerns about this establishment.

Um, number one, the number of patrons is unreal.

Uh there have been times when people have knocked on my door after all my lights are out, to see if they could park in my driveway.

Um there's no street parking on East Pembroke Avenue.

Uh so they elect to park in residents' driveways or wherever they can squeeze their vehicles in.

Um the noise.

Uh I do know that there's a noise ordinance in Hampton.

Um that establishment does stay open until 2 a.m., at least some nights of the week, uh, weekend, especially.

I just can't get used to my windows rattling between the stereos and the automobiles in the parking lot, and people screaming and yelling, fighting.

Um it's just all the time.

I wonder also about fire code.

Uh the number of patrons there doesn't seem to match the parking provided for them at this establishment, and they overflow park, you know, in the surrounding neighborhoods.

And like I said, in private driveways.

So I would just like for someone to look into this further.

I have also, there was a time when there was an argument going on in the parking lot.

And I was trying to see if I could hear specifics of the argument.

And in doing so, there was a man yelling and cussing and screaming at some, it was a group of people out there, and a lot of people were.

They were brandishing weapons.

So I am I'm severely concerned about that.

City manager will address that at the end of the public comment period.

Thank you.

Next speaker is Joan Weaver.

Good evening, City Council, attorney, manager, and Miss Glass.

I am back.

And I will continue to come back until you answer and provide answers for what I have asked you.

City manager, no more of your smoothovers, or your avoidances.

You cannot come up with the excuse of an ongoing case.

I have been vindicated.

And for all of you who participated and trying to label me with a misdemeanor, not guilty.

Let's look at it.

Codes and compliances, their motley's crew and Kangaroo Court tried to say that I, Joan Weaver, a 69-year resident, no criminal or anything, for frivolous non-safety concerns.

And you want to know why?

Because I dare to speak and let you all who sit up there know your strategic plan remains a joke.

As long as the commerce center sits there, it shows that everything in here is a lie.

Right here.

Yes, I made the daily press, and I will say it and say it again.

We didn't want it.

You destroyed our legacy for profit.

You pimped my community.

And it was not right.

When we escalate concerns, your treasurer's department and your codes and compliances.

I am an educated graduated Hampton University math degree.

If your departments try to screw over me, what in the hell do you think they would try to do with the marginalized people in my community?

The bucket stops here.

City manager, you will answer me, and you will not throw me off anymore.

I don't appreciate it.

And let me remind you: 450,000 your city of Hampton had to pay Wallace for what?

Violation of his constitutional rights.

So the city of Hampton is not new to lawsuits, Siddharth.

Look that up.

Lawsuits can go both ways.

Respect us, and you will get respect.

City Council, what do you do to monitor these departments?

What steps do we need to take when your departments are not doing what they're supposed to do?

Don't tell me 311.

That's BS.

I want answers so that we can be heard, the citizens, and if you want money, what are you doing to get it canceled?

Stand up.

We elected you, represent us.

And that's the way it is.

Aaron Weaver.

Tonight I want to connect three different issues: data centers, police technology, and council pay.

They all come back to one question.

Before decisions are made in our name, do residents get clear facts on data centers.

I noticed the word change.

Data centers are now trying to be labeled as digital infrastructure because they have a bad reputation.

It was in you all's tour notes that it might have been that same gentleman that came here at one o'clock.

That may sound cleaner, but a name does not answer residents' concerns.

I respect Hampton for asking for help.

I respect your open honesty in saying that you did not know that you all did not know about data centers and different things like that, and you all are going to get help.

This is a complex issue, but residents should know who is helping, what view they bring, and whether council is hearing from more than one side.

I I also heard the comment that this gentleman made at one o'clock, Hampton is being proactive while other localities were retroactive.

It was uh passive aggressive dig at Chesapeake and also Virginia Beach.

But I found that interesting.

It was also a red flag because when cities that uh set stricter limits are reframed as reactive, public concern can sound less serious.

I also heard count uh concerns talked about as myths and perceptions.

He said it right here.

Our questions are not myths, they are questions about power, water, noise, land use, taxes, costs, and what happens after projections are wrong, like we're experiencing in this state right now.

That language hit me because I have heard it before in my own neighborhood.

A decision was made on us, not with us.

And when we raised the noise concerns, that sound was softened.

We compare trucks, noise trucks of and to air conditioners.

That was made in this very council.

Today I heard the same kind of framing again.

This is why residents need more than one classroom before uh before zoning language moves forward.

We heard um from the independent experts.

We want to hear from them.

We should also hear from cities that approve these projects and cities that set stricter limits.

Growth is not good just because it sounds modern.

Growth has to serve us.

This same test applies to public safety technology.

The chief shared good news um about crime going down several or several areas, but Hampton is also building a large tech system, cameras, license plate readers, drones, gunshot detection, and a real-time data information center.

The stronger the tool, the stronger the guardrails need to be.

I did not hear the chief explain the privacy and data guard rails.

I also did not hear any one of you uh on council ask those questions.

Uh residents should know the cost.

Residents should know how long this data is kept, how can search it, who audits it.

Um, that's me.

You wrote a five-minute speech, didn't you?

I told you.

Thank you, Mr.

Weaver.

Next speaker is Lara Culliver.

Hi, City Council.

Uh we I'm here with uh Miss Wells.

We are here to voice our concerns over Faro's.

We are the neighbors on East Pembroke Avenue directly, well not directly across from the caddy corner to it.

They're parking um in private property where they're not supposed to be parking, whether it be the other commercial buildings around it where they have notices saying do not park here.

Um urinating in public, brandishing firearms, doing drug deals in the parking lots, um, noise at all hours of the night.

It's just getting to the point where it's ridiculous.

I do believe we have heard that they are moving.

I have from their mouth two different occasions.

They are not moving.

They're looking to open a second location.

So we are concerned because we are primarily a residential area.

There's residents on all sides of this establishment, and we are not happy with how it's how the outcome has come.

Um, if they would like to close at 11 o'clock, we would be more than happy to be, hey, you know, it's a restaurant.

Everybody go have fun.

But once that 10 o'clock mark hits, all these people come flooding in.

They are parked all over, they're parked wherever they want to.

They do whatever they want to, and they have no respect for anyone's things or property.

So we if they want to move, we are happy.

Let them go, but we really believe that their special use permit needs to really be either tightened down or it needs to be revoked.

Thank you, Miss Cullifer.

Next speaker is Teresa Craig.

Good evening.

I'm not used to doing this, but I'm gonna do it anyway because I want you to put your yourself in my place.

I'm speaking here about ferrous.

I visited my daughter's house.

I was leaving my daughter's house, which they all know that she's been complaining about them.

Their overparking is at Robo's.

I go by there to go home.

Now we're talking about 11 30 midnight.

I have a car pull out behind me.

It's all well and good.

I'm going down Mercury Boulevard, but I see this car is not coming up on my tail like they usually do.

They're going 25 miles an hour down Pembroke Avenue behind me and staying at least four to five car lengths behind me, so I cannot get a license plate.

They follow me.

I take a left-hand turn back out on old Fox Hill Road, they're still behind me.

I take a right onto Little Beck River Road, they're still behind me.

I turn down Walnut Street, Sean Street, back out on Little Becker Road.

Guess what?

There's still four links behind me.

Do I go home?

No.

I head down King Street.

I pull into a convenience store that I see there's a lot of cars there way down by Langley Gate.

I sit at this end of the parking lot, they pull at this end of the parking lot.

I wait for somebody to come out to block them in before I leave, and then I turn down another street and they slowly go by because they don't see where I went.

Do you feel safe?

They're branching firearms.

Do you feel safe with your kids and grandkids?

Seven-year-olds living there.

We had kids coming down Pembroke Avenue.

11 30, 12 o'clock at night.

When cars would come up behind them, they bend over and twerk, so they blow the horns.

Kids gotta get up and go to school.

You can go down there at 12 30, and if they're not in the parking lot, still partying, you still got 15 cars in the parking lot.

Are they closed?

Because once they kick them out, they let the security guard just stand in there watching them in the parking lot partying.

I'm sorry.

Thank you, Miss Craig.

And that's the last speaker.

Uh city manager, you wish to address any of the uh comments made by the speakers.

I'll start with Miss Weaver.

I thought I had been very clear in answering this last time, but I'll repeat what I said before.

If there are concerns with city departments that are not being addressed, you can come to me.

I am the top of the organization.

This includes city departments.

I also rely on my assistant city managers, Jason Mitchell and Brian DePofio.

And I know, for instance, after our last meeting, when we talked in the lobby for a while after the meeting, you asked for what the other code violations were in your neighborhood so that we could show that we were not just targeting you.

And he sent you that information.

Jason Mitchell sent you that information on June 22nd.

He sent it on June 22nd, 26.

I have a copy of it.

In terms of the treasurer, the treasurer is an independently elected official.

Neither the council nor I have any direct oversight over the treasurer or any other constitutional officer.

What I do do, however, when I get complaints about the treasurer's office, is I forward them to or any other constitutional officer, I forward the complaint to them and ask them to address the citizen.

But there is no one other than the voters who are over any constitutional officer.

But for the city departments, I am the highest level you can go in terms of day-to-day supervision, and I've always tried to make myself available to you.

I'll then go back to, and I forget which order these came, so forgive me if I don't do them in right order.

Some of the things that have happened since citizens came before us previously, and I realize it doesn't necessarily help everyone, particularly those on East Pembroke, but we have taken the steps to create a residential parking permit program on Shirazi Drive.

I hope I'm pronouncing that correctly.

My understanding from our public works director is that we got the petitions that we needed signed from the residents, and that we just need a couple of notarized applications remaining, and they expect to get those in.

He's been working with Mr.

Burke to organize that.

We expect the signs to be installed next week.

We've been coordinating with HBD for them to enforce that program.

And he does believe that we would be able to add uh 1422 and 1424 East Pembroke to the residential permit parking program if those neighbors would like to be added, and he's going to follow up with them.

In terms of the I did speak with Ms.

Culliper on June 22nd about her concerns with the private shopping center and some of the things that she was reporting.

They do have private tows, they do say private parking, and it does say that they can be towed.

But she shared with me that many of the tow operators have expressed they don't feel comfortable doing the toes.

So I shared this with Chief Wideman and asked Chief Wideman if he or one of his people would reach out to Pops Towing and let them know if they do need to come in to do tows to let us know so that we can be there and make sure there are no security concerns.

I also have a letter dated June 22nd that the agent for the property owner, the property owner's agent is with Frank and Shapiro Real Estate Incorporated.

They sent to Faro's ownership, and I'll be glad to read the letter.

My company manages the property from across the street from you at 1404 to 1414 East Pembroke Avenue.

I have notified your establishment about this before, but for the record, your customers do not have permission and are not allowed to park at our property.

Your intoxicated patrons are littering and urinating in the parking lot, causing damage and disturbing neighbors.

Furthermore, they are running back and forth across the busy road to your location.

It's a matter of time before someone gets hurt.

Please post this notice and advise your guests not to park in the across the street.

Towing is enforced at our site by Pops towing.

So we have been doing the things that we can.

The city is not authorized to tow from private properties, but that is why we did reach out and ask the property owner if they would send a further notification to the business, which they've done.

And again, for the police department to offer to the towing company if they do have any concerns about safety if they go to tow from the property, that we will do our best to align to be with them at that time.

In terms of some of the other concerns about Faro's, for instance, fire code and other things, we have sent out police and fire marshals.

We have a nightclub task force.

I don't want to disclose the frequency or the days and times we go because it's intended to be basically a surprise inspection, but I can report that each of the times we've gone, they have been strictly adhering to the fire code limitation.

And in fact, that's part of what's causing people to stand outside, is that they are not allowing people to come in beyond their fire code limitation.

So we have done inspections at the property, as we do with all nightclubs, and we will continue to do with all businesses that operate effectively a nightclub operation.

But to date, we have not found violations at this business.

And under the permit process to revoke a permit, there has to be a violation of the conditions that they've agreed upon to operate.

So at this point, I don't have anything I can recommend to council that allows us to revoke the permit.

But we are taking these actions as city staff to try to do our best to help the neighbors with the concerns as I've outlined.

I'll turn now to data centers.

Some of the speakers referenced, but in case people weren't following the reference, we had a presentation earlier this afternoon by a representative of SIR.

SIR stands for Southeastern Institute of Research.

They are a Richmond-based company that does consulting work for local governments on a variety of different issues.

They do have experience in a variety of issues that touch data centers, ranging from land use, utility strain, basic industry, location decisions, and things of that nature, which is why they were chosen.

We are doing this study jointly with Newport News, because we both realized that we needed to get some zoning construct in place.

And before we did something, we did want to understand what other localities had done.

So to Mr.

Weaver's question, part of the part of the study SIR is doing is getting us the information from other localities about what they have done.

Predominantly in Virginia, which is our first and foremost concern, but also in other states.

Of course, in Virginia with the Dillon rule, we may have not, we may not have all of the flexibility other states have, but we want to understand some of the best practices around this.

Having spoke with the gentleman who spoke earlier today in advance of the meeting, I don't think he meant reactive in terms of Chesapeake or Virginia Beach or any other city.

I think what he was referencing and what we have been concerned about, frankly, are there are other cities, and I don't like to call cities out, but in Northern Virginia, as an example, where data centers made the case that they should be considered as a zoning classification like an office building or like a warehouse, and they did that before there was a big explosion.

But having done that for the first one, they couldn't deny it to others.

And so they didn't put a zoning construct in place that properly identified data centers as its own unique use.

And that's the trap we don't want to fall in.

That's what what we asked when we defined we want to be proactive rather than reactive.

We don't want to wait for a business to come and try to argue that they're an office center or they're a warehouse.

We want to have a specific data use table and we want to have conversations about what is appropriate.

Now it's really easy to say we don't want data centers at all, and but we also have to understand that there's all kinds of sizes of data centers.

And this was in the presentation.

If you didn't get to see the presentation, I know you did, Miss Weaver, because you referenced it, but I encourage you to watch it because there are data centers currently on Langley Air Force Base.

There are data centers currently on NASA Langley that they need to operate their missions.

And I don't think any of us would begrudge the military or NASA from having something they need to run their facilities.

That's a whole different thing than a mega center coming and taking over a locality.

And there's everything in between.

And so what we're trying to do in defining what is the right zoning construct for Hampton is to make sure we understand the landscape, understand the utility impacts, understand the water issues.

One of the things the industry is representing, but we have to we have to verify, we don't just take people's word, is that they're now moving to uh basically close water loops.

So while they take an initial large draw of water, they basically recirculate the water, so it's not a constant drain on the water supply.

If that's true, that's a mitigating factor.

But we don't know that it's true.

We've got to we gotta do, we got to do research and verify it.

Um, and there's all these different types and sizes, and the different sizes produce different levels of impact on the environment, produce different levels on water, utility demands, etc.

etc.

And a lot of it really depends upon what does our community want and tolerate.

So if you happen to see the afternoon presentation, there was also discussion about having at a minimum one, but I suggested we do more than one round table or town hall so that citizens will have the chance to come and speak, and also learn, learn the same things we're learning about what worked in some localities and what didn't work in other localities, what were some of the mistakes about treating it like an office or a warehouse versus having a zoning construct up front and what a zoning construct might look like.

The longer answer than I would normally give, but I want to give everybody who has these concerns the assurance that we don't have a current thing that we're reacting to.

We are trying to get ahead of the issue so that we have a thoughtful deliberate policy.

And there's some have said just don't look at it at all.

But I promise you, if we didn't look at it at all, we would be like some of those other localities where down the road someone would come and say you gotta treat us just like an office, or you gotta treat us just like a warehouse.

And we don't want to be in that position.

We want to be in a position where we have a clear definition of what a data center is and isn't and what is and isn't acceptable in our community based upon community input.

So that's what this hall was about.

We did the presentation this afternoon to be fully transparent about where we are in the process, what the purpose of the field trip was, and where we are in terms of the work with SIR.

I think that largely covers what was asked.

If anybody else has other questions I can't cover in this short time, I remain available to any citizen.

And since you mentioned police technology, Mr.

Weaver, I'll have to get you some more data, but I did ask Chief Wideman to give me some very preliminary information that he could do quickly this evening.

Um, and I want to you had a couple different questions.

I don't think you got to ask them all publicly, but you sent them to me in advance, so I'll summarize them for the benefit of the public and the council.

What privacy and data guardrails are in place for cameras, license plate readers, drones, gunshot detection, and real-time information center, who can access our search the data, how long is it kept, how our searches logged and audited, and will the public receive regular reports on the cost use accuracy, boss alerts, complaints, outcomes, etc.

So the state actually drives in state law how long data can be kept and under what circumstances it can be accessed.

Um any request for information must go through a FOIA process, and we we follow the state law to the T in terms of whether to release or not release.

I hate to make broad statements, but generally speaking, the data is used only for investigative purposes, and we don't release investigative data while an investigation is ongoing or before the court.

So it's very hard for the public to get any of that type of information.

In terms of who can access and search the data, HPD keeps a log, all requests are logged and audited in terms of who signs in to get the information, the information that is produced, and then when if when the system is logged out, and we do periodic audits of that so that we can make sure we are in compliance with state laws.

Um I know the chief will be getting me more information, but that's what I could get for you quickly this evening.

And I think let me just check my notes one more time.

I think those were all the things I was asked to address tonight.

Um, but I do want to put in a plug for the storytelling program.

I think it's a great program, and we thank Johnson and the others who have really worked hard to expand this program over time, and I hope citizens come out, support that festival and lend their stories as well in the future.

Thank you, Mr.

Mayor.

Thank you.

The last item on your agenda is number 12, 26-0231.

It's an ordinance to amend and reenact the city code of the city of Hampton, Virginia by amending chapter 33.3 titled stormwater management and erosion control, Article 3, titled Erosion Control, Division 2, titled Permit and Inspection Process, Section 33.3-45, titled Permit Application and Fee.

Mr.

Mayor and Council members, this is an ordinance to align our chapter 33.3 with the state code that deals basically with the process of erosion uh stormwater management and erosion control, and also provides the fees that the state and the city charge for those services.

Um historically, we've changed it every time the state changed it, which produces a lot of extra work.

Um so what this does is basically just say we're going to adopt the state fees basically, and then any any changes in city fees if they are permitted at any time would be done in concert with the budget process.

At this point in time, we are not proposing to change the city fees at all.

However, DEQ is changing their fees, and we must pass on the cost that DEQ provides, and that would be the only thing that this ordinance is really impacting.

Is us aligning with the state language?

All right.

Any questions regarding that item?

All right, we need a motion, Mr.

Mayor.

I move that the city council approve and adopt city code amendment 26-0231 regarding erosion control permit application and fee as presented in the agenda package.

Second.

We have a motion and second any further discussion.

All right, there'd be an umd to call a roll, please.

Councilman Bowman, Vice Mayor Brown, Councilwoman Campbell, Councilwoman Theraby, Councilwoman Harper, Councilwoman Muggler, aye.

Mayor Gray.

Aye.

All right.

Are there uh any reports by the city manager?

The city council members, staff, city committees.

Being none, uh, is there are there any items from new business?

All right, it being none, then we are adjourned.