City Council Legislative Session - workshop

Good afternoon, and welcome to the Hampton City Council work session. Madam clerk, will you call the roll, please?

Councilman Bowman, vice mayor Brown

Here.

Councilwoman Campbell Present. Councilwoman Thierabee. Councilwoman Harper. Present. Councilwoman Mugler. Present. Mayor Gray.

Present. And councilman Bowman is out of town today and will not be joining us. Councilwoman Thierabee will be a bit late, but will join us during this meeting. So, with that, the first item on the agenda is on the infield housing plan book, but we are going to defer that item until May 27 meeting. So that I need a motion and a second to defer the item.

May I just explain before that I put it the the consultant was not able to be here today after all. And so they asked if we could reschedule them and we wanted to make sure that the council and the public had the benefit of hearing from the consultant as well as the staff. So, we would very much appreciate you making this accommodation.

Okay. Yep. Absolutely. So, we need a motion and a second to defer this item to May 7. So moved.

Second.

Alright. I have a motion and a second for discussion on it. Alright. Madam clerk, you call the roll.

Councilman Bowman, vice mayor Brown. Aye. Councilwoman Campbell. Aye. Councilwoman Bearaby. Councilwoman Harper. Aye. Councilwoman Muggler. Aye. And mayor Gray.

Aye. And so with that, I'll ask the city manager to introduce the next item.

Thank you, mister mayor. As council knows, but for the benefit of the public, we have been updating our zoning ordinances to make sure we're providing proper protections for public safety, particularly as they relate to our restaurants that have large gatherings and large events. One of the things council had asked us to do was to look at the restaurant two use, which is actually currently a zoning administrator permit, but to make sure that we had appropriate public safety standards for those just as we do for restaurant threes, which are actually use permits by council. And so today we're gonna be having a briefing from our community development team and it looks like I was going to introduce Kim Michael but it looks like we're actually going have our zoning administrator make that presentation for you today to get your reaction to the proposed changes.

Good afternoon, mayor, members of council. My name is Melvion Folgium. I'm the zoning administrator for the city of Hampton. Today, I am presenting a proposed zoning ordinance amendment related to restaurant two establishment under the initiating resolution 26 dash zero zero five four. The purpose of this work session is to review the proposed operational and security standards intended to address late night activity, public safety concerns, and compatibility impacts associated with certain restaurant operations.

These proposed amendments are intended to modernize the restaurant two regulations and better address operational impacts associated with late night entertainment venues. Specifically, amendments specifically, the amendment focuses on establishments that combine four characteristics, alcohol service, live entertainment, late night operation hours, and larger occupancies. The proposal also aligns restaurant two standards more closely with the recent restaurant three policy directions where operational characteristics are similar. Additionally, the amendments address the gaps in certain in the current ordinance related to security staffing, third party promotions, and window transparency. Currently, the restaurant to establishments with an ABC license may operate between the hours of 5AM and midnight.

The ordinance also limits live entertainment area to 75 square feet and prohibits dance floor or similar open gathering spaces. Existing security requirements are relatively limited. When live entertainment occurs, an attendant is required to monitor the ingress egress points. This would be the access points for patrons and the parking area. Staff believes that these standards existing standards do not adequately address operational impacts associated with the higher intensity entertainment environments.

As a part of the review, staff evaluated how surrounding localities regulated similar establishments, and the comparison shows that all surveyed localities permit alcohol sales in restaurant setting. However, each locality imposes additional controls related to live entertainment, late night hours of operation, and security requirements. Most localities require security plans and security personnel when establishments operate late at night or offer entertainment activities. This slide continues with the security staffing practices. While the surrounding localities apply these requirements under the under varying conditions, conditions, the overarching standard is at least one certified security officer per interest to monitor the ingress, egress, and with additional exterior monitoring of parking lights and surrounding areas depending on the occupancy and operation intensity.

The proposed Hampton stand Mister

Vice mayor has a question.

Yes, sir. I'm sorry.

Yeah. No. No problem. Just to the security in terms of the one per entrance and one in the parking lot, I don't see whether there is any indication of numbers of security based on the numbers of attendees. So these cities don't have points of one security person per 100 per one seventy five or what? You don't see that in the other localities?

As far as the consent the standards, the city of Newport News has that ratio of one security personnel per 100 on their standards. And in let's see. See here.

I was just trying to figure out how did they come up with how many security persons were needed.

Well, was a combination of the building code requirement as well as coordination with their police department.

Okay. Thank you.

In summary, surrounding localities commonly impose enhanced requirements when establishments include alcohol service, laugh entertainment, late night hours, and higher occupancy levels. Staff also reviewed how localities regulate third party promotions. The city of Portsmouth prohibits third party promoters directly to their zoning ordinance, while Norfolk restricts them through a conditional use permit conditions. These approaches, along with the recent Hampton use permit conditions approved by council, informed staff of the recommendations to prohibit third party promotions within the proposed amendments. The proposed amendment framework establishes clear operation standards tied directly to higher intensity rest restaurant occupations operations.

The amendments would establish the objective of criteria when security is required, distinguish between incidental and intensive live entertainment, prohibit third party promotions, and require window transmit transparency during the evening hours of operations to support visibility and oversight. The intent is to create a standard that address is operational characteristics rather than applying additional restrictions broadly to all restaurant to establishments.

Vice mayor Brown. Yep. I'm sorry.

The last bullet require window transparency during evening operation hours. Help me with that. What about during the day? Do when you say evening hours, you mean transparency means that needs to be you could be able to see inside the establishment. Right?

Yes, sir.

Okay. And so what's the difference between the day hours versus the evening hours and transparency?

Well, during the evening hours, it appears in our observation that a lot of the activity that is happening, which is a trigger or high risk in that area, happens during the late night evening hours. And so during the hours of our security plan, begins at eleven p. M, that would be the time when the security personnel as well as a certified officer should be present on the site.

So so why aren't we just saying, you know, establishments based on what the code says and what we're asking them to do at all times, you should be able to see inside of the establishment evening or daytime.

Okay.

It just seemed like to me it would be easier.

Okay. We can make a note

of that.

That's just a suggestion. Yes, sir. Alright.

We'll make a note that, sir. Okay. This side outlines the four conditions that trigger the security requirement. These conditions are alcohol service, intensive life entertainment offered at any time I mean, excuse me, at at any location, occupancy of a 100 or more patrons, and then operation beyond 11PM. So for that example, if a restaurant establishment indicates that through the zoning administrator permit process that they were offering intensive live entertainment at any time, the establishment also serves alcohol, has an occupancy that's greater than a 100, and operates beyond 11PM.

The security requirement would apply from 11PM until 12:30AM.

So I I have one question on that one because when you when you look at the current criteria for live entertainment two, it says that they can have their operating hours go until midnight. And then, I guess, when you get to beyond midnight, then it kinda you into three at that point? Or

Two. Well, 2AM with a use permit.

Okay. So, what where where what is the time requirement to kick you into the next level of restaurant three

Okay.

So or live entertainment three?

So, at midnight Mhmm. That is where live entertainment two excuse me, restaurant two ends. Okay. And so, they're gonna be required to have personnel on-site thirty minutes after closing. So, they have that thirty minute grace period where they have a licensed officer or a certified officer present on the site. So if they're gonna extend their hours beyond twelve, so they'll be from 12:01 to 2AM or whatever is granted underneath the restaurant three, then the city council would apply those conditions to ask for additional requirements for the code.

And so that's when they extend their hours beyond twelve, but under two though, you you the additional security hours kick in at 11:00. Yes. So why not why not push that over to midnight for the restaurant three so that there are no extra requirements up until 12:00 or 12:02.

Well, the the use will end at two. So the establishments will know that the restaurant to use of the entertainment will end at midnight. Mhmm. But if they go beyond that marker, then that's gonna be an automatic trigger for the restaurant three. That additional thirty minute span of security is just to protect the patrons to ensure they get into their cars, that they have proper personnel visible inside on the exterior of the building, as well as monitoring the parking area. No.

I understand. I understand the need for the security, but I was just wondering why if if the hours indicate a need for higher security, then why not push that into the next level? So if you're gonna opt if you if you got permission to operate beyond midnight and you gotta have rest additional security, so why not have that as the next level of live entertainment?

Let me try a different way of answering this. Alright. With the two, you're not allowed to go beyond midnight. Right. The only reason why it's listed as 12:30 is for getting people out of the place. So if they wanted to go beyond twelve, they automatically have to go for the three already.

Okay. So they have to go back they have to

They would have to apply for a three if they're intending to operate beyond midnight.

So they have to apply for a three. Okay. Correct. Was I thought you were saying it kinda just automatically kicks you into three and you

No. It doesn't get what she would I think what she was trying to say is you wouldn't be eligible for a two. Okay. You would have to apply for the three I gotcha. Which would come to counsel, and then you're right. All of those things would come into play.

Into play.

The only reason why this 12 thing comes up is because we don't believe that the security should should end the moment you close the restaurant. It should be extended until all the patrons have left.

Until all the patrons.

Thank you. To support the consistent enforcement of this proposal, staff is proposing to update the definition for live entertainment. The proposed definition clarifies that live entertainment include artistic, musical, or performances delivered in real time to an in person audience. The definition also clarifies that purely recorded materials stand alone does not constitute live entertainment. This slide

Hold on, Fosier. So so what is the what changes are made here? I I don't see what changes were made here in this definition versus the old definition. What is Because you mentioned I'm sorry, ma'am. You mentioned that electronic means of prerecorded music is not considered live entertainment.

If someone is performing by a prerecorded soundtrack or call it a tract, that's not live entertainment?

Well, that would be a person that's standing before our audience.

Well, that

would prerecorded music.

Yes. I'm trying to we're we're looking at the actual soloist or musical act Okay. Performing for the audience.

So what's the difference in

this

definition versus what we previously had?

Well, what

What's the changes were made?

Well, pretty much what it's doing is identifying the uses, and then on the next side, it's going to break down intensive versus incidental. So it's just gonna pretty much broaden it. It's giving an overview of what they can do and what will be allowed, and then depending on the intensity of the particular live entertainment will dictate whether or not they're required to have security or not.

So if I can help further. Some of these they're setting up the definitions that we're going to then get into what applies to each one. But the reason why they're making the clarity here, some restaurants will just play music in the background. And we've had questions in the past. Does that count as live entertainment or not? Because as a diner you're experiencing that. That they're just trying to clarify here that if you're playing music in the background as ambiance music, that's not live entertainment. It actually requires a performer. But to your point, if a performer is using a prerecorded track, it is definitely live entertainment. They're just trying to distinguish that there.

But as we go through the presentation, you'll see how they're going to distinguish what's required depending upon if it's a small act or a larger act or just carry you know, like karaoke or amplified music and things of that nature. Because public safety trends tell us that you don't typically have a problem if you have one acoustic player like someone playing a guitar or something like that. Where you start to get potential problems is when you're having DJs, amplified music, things of that nature. So they're going to walk you through a series of definitions and then say what we're recommending as the appropriate security requirement. Some of those wouldn't even need it because they're not likely to engender the kind of public safety concern one might have.

I think it will be more clear by the time we're done if you don't mind waiting.

Okay. This slide introduces the distinction between incidental and intensive live entertainment establishments. Incidental live entertainment is intended to cover a lower intensity performance such as solo musicians, live comedy, trivia, spoken word performances. Intensive live entertainment would include performances involving multiple performers, karaoke, DJing, and entertainment formatting incorporating prerecorded audio in conjunction with a live performance activity. This distinction is important because the proposed security requirement would apply specifically to the intensive live entertainment operation.

The amendment also proposes a definition and prohibition related to third party promotion activity. The definition is intended to address the arrangement where outside promoters or organizers receive compensations tied to the attendance, event revenue, or temporary operational controls of the establishment. Staff's concerns is the arrangements can be created can create operational environments that differ significantly from the approved restaurant use and may increase crowd management and public safety concerns. When the four operational thresholds are met, the security standards would apply. So the proposal would require one certified security officer per 100 occupants monitoring the interior and the ingress and egress points.

Two certified officers monitoring the parking area and exterior of the premise. And these requirements will apply from 11PM until thirty minutes after closing. In addition to the personnel requirements, the proposal would include technology and identification measures. The amendment would require exterior security cameras connected to the Hampton Police Department Real Time Information Center and ID scanners used after 11PM to verify patrons age with the records retained for a minimum of seven days. These measures are intended to support enforcement and improve incident response capabilities and enhance public safety oversight.

To summarize, staff recommends the security requirements apply only when the four operational care services are present. Alcohol service, intensive live entertainment, and operations beyond 11PM with a occupancy load exceeding a 100 persons. I'm happy to answer any questions that the board may have, and I welcome your feedback. Thank you.

I I do have a question regarding the connection to the real time information center. So and maybe this might be for the officer, but what exactly is required to do that? And I asked that question because in conversation I had recently with one business owner who said that he thought that police would take care of connecting him to the to the real time information center. So, I was just curious to know what what exactly is required in order for that connection to be made restaurant cameras to the RIT?

Yes, sir. Good afternoon, Mayor Gray. That's Mayor Brown, members of council. So, in order for the connection from the restaurant cameras for the external cameras to the real time information center. They have to purchase a box, a Fusis box that allows those cameras to talk to our system upstairs. Okay. And it's only for the external cameras. So if an incident were to occur, we have real time visual data and information that it can be put out to help, you know, capture anyone who may have committed, you know, an act of violence in the city. Mhmm. Getting that information out quickly and accurate information out quickly makes a huge difference in the overall capability of the investigation.

Okay. Alright. Thank you. Yes, sir. Alright. Other questions from council members? Councilwoman Mugler.

Mister mayor, thank you. Only question I have to to ask as a result of your question about the the camera links, it seems as if we maybe is that something we should add to the checklist for opening a restaurant or what have you because we've had issues in the past with them not being connected. And so maybe that is something we need to do before their occupancy permit is granted. And I don't know whether it should be attached to this particular set of documents or somewhere else. But I think as an option for us to stay on top of that, that we should do that before we open a business.

Okay. Any other questions, comments from council members? Alright. Okay. So, city manager.

So, I just want to be clear. We're sort of debuting these. Ultimately, we would need to take these back through the planning commission process and then to counsel for final action. We wanted to do the afternoon work session presentation so that you all had a chance to reflect on the proposals as well as if there's any community feedback. We have ample opportunity as we go through that adoption process. So, I didn't want people thinking we're voting on this tonight or anything like that.

Madam Mayor, can I add in one Manager? Don't. Manager. I'm sorry. Don't

I want that

wanted to add in one additional slide before we closed out our presentation. We have those additional recommendations with the security plan of ensuring that we're going to prohibit the third party promoting the window transparency after dark, and we can make the recommendation from the vice mayor to clean up that language. And they continue to limit the live entertainment area, and they prohibit the dance floor and other similar gathering spaces in addition with this requirement. Just wanna make sure that we clearly articulated that in the presentation.

Okay. And I wanna say ditto to what councilman Mugler said about requiring somehow that a checklist is signed. I mean, I know they you know, we come to this process, use permits are granted, granted, you know, they get a presentation, their conditions listed. And, twice now, I've heard restaurant owners when they have a problem because of things that have occurred, they say, well, I didn't know. Oh, I didn't know I needed to do that, or I didn't know I needed to do this.

And I I think we should really not be accepting that as an excuse, but just to make sure that they know what's needed. And perhaps, maybe there's a checklist that needs to happen, which makes sure that everything is in place, make sure that the owners fully understands everything that needs to be in place before they start operating. And we've got a document in hand that they sign saying that that's all these things have been done, and we've signed off on it. So I agree with that recommendation just so that we have that in as backup when we get the excuse that I didn't know.

Well, just to be clear, we are working on a rewrite of our application for our ZAP permit to ensure that we're clearly articulating all of the information that we're expressing in our presentation. And so it is noted, and I just wanted to put on record that we are working on the rewrite of that application to ensure a clear transparency on that.

Okay. Alright. Thank you.

Thank you.

Alright. Next item, city manager.

So we are at the tail end adoption of the fiscal twenty seven budget and this is really your opportunity to discuss if there are any changes you want to make tonight or any clarifications about the budget that you would like to make. Of course, get a chance to comment on the budget tonight as well. But if you had amendments, we would need to take those this afternoon so we could write the proper language for you to execute those amendments. I did want to make a couple

of

statements for the record because there have been some things that have been brought up in the course of the budget conversations that we've agreed would be handled either through the end of the year savings process and or once we get into the new fiscal year with the grant application process. And for transparency purposes, I just thought I'd note those for the record so the public isn't surprised when and if that happens. One of those is to get Hampton as officially part of the arts festival, the Virginia Arts Festival. It's been some time since we have participated with the Virginia Arts Festival and had Hampton featured. We have three really quality performance theaters.

Of course, we have our American theater. Hampton University has Ogden Hall. And the Virginia Peninsula Community College has the recently reopened Doctor. Mary Christian Theater. And so we'd like to be able to showcase those with the Virginia Arts Festival. We've been in conversations. Their proposal for what it might take to do that came in after the manager's budget released. And so we shared that first with the council and also with the Arts Arts Commission, which was very much in favor of doing that. Since the recurring budget process is almost at an end, it was agreed we would do that ultimately out of end of the year savings or through the grant portal process that we have once we get into the new year. We also looked at expanding the Arts Commission grants.

We will need to get a statement from the Arts Commission about how they would do that after we get into the new year. But there was general consensus that those had been cut back from a hundred thousand to '47 I think forty two five, correction, back when we were struggling with the market corrections in the 02/2010 time period with a commitment made by the manager at that time when things got better. We would look at restoring those and that had not yet been done. And so when I met with Arts Commission last week, I asked them to put together their formal request after we get into the new year and we will look at doing that with council contingency or end of the year savings. We also had a request that we support the Barrett Peak Foundation as it is moving into their educational phase.

We already have partnerships with them around the care of abandoned African American and other cemeteries in our community. But before we could decide on how much of that we need to get a full application from them detailing their educational and programming needs. But I did want that noted for the record as well. And then there was a request to support the Jazz Legacy Festival as they're adding another day in Hampton. That will go through our CVB support process but we do see an opportunity to help continue the Jazz Legacy event in Hampton.

And last but not least, the state recently came with directions around a state bonus for workers, certain workers that are what we call quasi city, quasi state employees like the constitutional officers, registrar, and some others. And they will send the money for those employees that are on the comp border, their registrar, social services, etcetera, payrolls. But we don't they don't cover all of the positions in those offices. And we also believe while those offices are very deserving, all of our workforce is equally deserving. And so we've talked about taking the high performance bonus of 1% that's already embedded in the city budget before you tonight and then looking at end of the year savings to match that so that we could do that bonus for all of our workforce.

So again, none of those actually require budget amendments tonight, but I wanted them stated for the record so that the public, the workforce, and others would know of your intentions.

Any other questions, comments? Councilwoman Campbell.

Thank you, Mr. Mayor. City manager, there's been some questions online about the Virginia budget and how that's going to impact ours. If you could address that.

I had to get my mic back on. Certainly. We do not know yet when we will get a state budget. We will get one at some point but we don't know when. They have gone as late as right before the July 1 in the past.

I don't think we've ever gone beyond July 1 but for clarity, the state doesn't have a mechanism for a budget to become automatic like localities often are required to have. For instance, in Hampton, if you did not adopt a budget by June 1, the managers recommended budget would automatically become in effect so that we can continue to operate. The state does not have a similar provision. So if they went beyond July 1, there would be the equivalent of a government shutdown of sorts. When we were preparing for this the last time we got very close to the deadline, the state made clear that they would reimburse localities for the expenditures, for instance, for schools, for the road maintenance and all the other things that we do, the operation of the courts and things like that that would need to continue.

So the way it would impact us if we got to that post July 1 is we would be advancing money and we would ultimately get reimbursed. Any new things of course we would not be in the position to do, but the existing recurring expenses that have been passed along in the existing current budget would continue to effectively just have to advance the money and we may not get paid back as fast. But we do fully expect that there will be a budget by June 30 and we won't be put in that position. But I wanted to sort of answer the question what if. Moreover, I just want to note that the budget before you tonight really basically assumed level funding from the state for the things unless they were formal attic absolute increases.

So for instance, the street and highway maintenance, we did have an increase in those funds because we actually have already been notified of our direct allocation. That's not really dependent upon when the state gets a budget. So we could plan for that. But any like additions they might put for things like House Bill five ninety nine or schools or other things. Neither the schools or us have put those in there yet.

So if they do get those extra revenues at some point, we would then have to come back and amend the budget. The budget can only be amended for new state or federal revenues, not for new local revenues. But you can amend the budget if you get new state revenues. So if there was a dramatic increase in school funding for instance or highway funding or law enforcement funding or any of those things that we weren't anticipating, you would be able to have the opportunity to go back and amend the budget adding those revenues and then deciding how to spend them. Most of them would have strings attached to them, but you could make those determinations.

And last but not least, I will mention and I mentioned this in my budget message because both the House and Senate had included a sizable grant for both Hampton and Newport News to be added to the safer communities. It was a $2,500,000 grant. We did go ahead and budget for that in our grant fund and used some of the money for things that we already knew were eligible. And I had mentioned to you all before, if that did not come through, we would have to readjust by determining we would have to just freeze some expenses and not spend them. However, because they were on both the House and Senate side, the general wisdom is including from the conferees that that will likely be in that final budget.

What's really at odds with the impasse right now has to do with whether or not to do the data center tax exemptions. And so because we're not really tied up with that discussion, we will likely be fine with the $2,500,000 But if all conventional wisdom went out the window and we lost it, we would come back and tell you what we need to freeze or change modifying the budget to accommodate for that.

Any other questions, comments from council members? All right. Well, that is the last presentation for the afternoon session. Are there any regional issues? Is there any items from new business? Alright. Well, I'm gonna ask the clerk to read the motion for closed session.

The motion required today is to convene a closed session pursuant to Virginia code section 2.2 dash thirty seven eleven a five to discuss a prospective business for Hampton Roads Center North where no previous announcement has been made of the business interest in locating its facilities in Hampton. Pursuant to 2.2-three 711 A3 to discuss disposition of publicly owned land in Downtown Hampton where discussion in open meeting would adversely affect the city's negotiating strategy and consultation with legal counsel regarding legal issue potentially affecting the transaction. And pursuant to 2.2 dash thirty seven eleven a one to discuss appointments as listed on the agenda.

Alright. We need a motion and a second for closed session.

Move approval.

Second. Alright. Madam Clerk, you call the roll.

Councilman Bowman, vice mayor Brown. Aye. Councilwoman Campbell. Aye. Councilwoman Farby. Aye. Councilwoman Harper. Aye. Councilwoman Mugler. Aye. Mayor Greg.

Aye. So we will reconvene in the Lawson Conference Room at 01:45. And following the closed session, council will reconvene in the open meeting in the same location in order to certify the closed session and then proceed to adjourn the meeting. So, Lawson Conference Room 145.