Aug 24, 2021 City Council Regular Meeting

[1. Call meeting to order.]

[00:00:07]

GOOD EVENING, EVERYBODY.

TODAY IS AUGUST 24TH, 2021.

IT SAYS THE REGULAR SCHEDULE OF CITY COUNCIL MEETING.

THEY DO HAVE A QUORUM OF COUNCIL PRESENT.

UH, PLEASE KEEP, UH, COUNCIL WOMAN DAY IS IN THE PRAYERS AND SHE LOST A LOVED ONE.

UH, IT WAS BROUGHT TO OUR ATTENTION THAT SHE LOST A LOVED ONE HERE RECENTLY.

AND, UM, THE FENCE HERE IN THIS COUNCIL CHAMBERS, UH, HOPEFULLY CARRY IS NOT PERMITTED, UH, WITHIN THIS FACILITY.

AND WITH THAT, UH, I HAVE TO GO AHEAD AND FISH TO CALL THIS MEETING TO ORDER AND NEXT WE HAVE THE INVOCATION BY OUR ASSISTANT POLICE, CHIEF REESE, AND FOLLOW THAT OUR PLEDGE OF ALLEGIANCE WILL BE LED BY OUR SENIOR SENATE, BUT EVERYONE, PLEASE STAND.

HEY CHIEF FOR US THIS EVENING.

UH, IF YOU WERE A PLACE PARTY WITH ME, THEY HAVE MY FATHER THOUGHT IT WOULD COME BE NOW.

AND WE JUST THANK YOU FOR THIS DAY.

AS WE KNOW THAT TOMORROW MAY NOT, IS NOT GUARANTEED AND WE NEVER KNOW WHAT'S GOING TO HAPPEN.

LORD, WE THANK YOU FOR THIS BUILDING.

WE THANK YOU FOR THIS CITY.

WE THANK YOU FOR OUR CITIZENS.

WE THANK YOU FOR THE LEADERSHIP LORD, LORD, I PRAY THAT YOU GUIDE THIS COUNCIL MEETING.

I PRAY THAT, UH, YOU PUT YOUR WISDOM UPON EACH AND EVERYONE TO MAKE THE BEST DECISIONS FOR THE CITY.

BUT MOST IMPORTANTLY, LORD, I PRAY THAT, UH, THE ACTIONS AND WORDS GLORIFY YOU, NO MATTER WHAT HAPPENS, LORD, OR I PROBABLY FOR SO MANY PEOPLE, DIFFERENT PEOPLE.

NOW, AS WE JUST HEARD ABOUT, UH, COUNCILMAN DANIELS, WHO PRAY FOR HER, THAT LOST A FAMILY MEMBER, OR WE LOST A FAMILY MEMBER AS WELL IN THE CITY CITY, FAMILY, LORD, I PRAY THAT YOU WRAP YOUR ARMS AROUND THE CITY FAMILY, THE INDIVIDUAL FAMILY AND FRIENDS THAT EVERYONE THAT UH, IS GRIEVING RIGHT NOW.

LORD, LORD, WE KNOW THAT THERE'S ALSO PEOPLE OUT THERE GRIEVING FOR OTHER THINGS.

PLEASE WRAP YOUR ARMS AROUND THEM, OR WE JUST THANK YOU FOR YOUR BLESSINGS.

WE THANK YOU FOR YOUR LOVE.

WE THANK YOU FOR YOUR MERCY, ESPECIALLY WHEN WE DON'T DESERVE IT, LORD.

BUT MOST OF ALL, WE THANK YOU FOR YOUR SON WHO YOU GAVE ON THE CROSS FOR OUR SINS, OR I PRAY ALL THESE THINGS IN YOUR NAME.

AMEN.

JOIN US IN THE PLEDGE OF ALLEGIANCE.

I PLEDGE WITH LIBERTY AND NOW THE TECH I DISPLAY HONOR THE TEXAS FLAG.

I PLEDGE TO BE.

THANK YOU.

YOU WANT GOING TO BE SEATED? ALL RIGHT, NEXT ITEM IS, UH, PRESENTATIONS WITH MY GLASSES ON, UM,

[a. Present a Proclamation designating the week of September 17-23, 2021 as Constitution Week in Cedar Hill. ]

THIS WOULD BE DEAD BY THIS.

YOU RESPOND TO THIS AS YOUR CUSTOMER SOON.

I MEAN IT CUTS TO MEMBER.

SO HOW YOU DOING? I'M DOING GREAT.

HOW ABOUT YOU? AND .

AND IT IS THE WORLD'S OLDEST.

WE WOULD COME UP TO DRESS LIKE UNITED STATES NATION AND WHEREAS OF SIX BASIC BUILDING FROM WHAT'S A SAD, THE FOOD.

UH, SO WHO KNEW THIS INDIVIDUAL RIGHTS AND SEPARATION, UH, SYSTEM AND WHERE IT IS IN THE PROPER RESOLUTION TO THIS MAN BOY ANNIVERSARY CELEBRATION.

THE UK GO TO THE UNITED STATES.

17 SEVEN WINTER IS COMPETENCE.

NOW, THEREFORE THE REMAINING

[00:05:01]

THEY HAVE THE PRO AMERICA OF THE SUPPORT THAT YOU'VE GIVEN UP.

RIGHT.

THANK YOU FOR THAT.

SO NEXT

[b. Present a Proclamation recognizing the month of September 2021 as National Senior Center Month in Cedar Hill. ]

THANK YOU, MAYOR.

AND THEN AS A MEMBER OF A SENIOR CITIZEN GROUP, THE FACT THAT I'M 69 YEARS OLD, IT'S MY PLEASURE TO READ THIS PROCLAMATION BREAK FOR THEM TO COME UP HERE, HAVE A SEAT PROCLAMATION OFFICE OF THE MAYOR.

WHEREAS OLDER AMERICANS ARE SIGNIFICANT MEMBERS OF OUR SOCIETY, INVESTING THEIR WISDOM AND EXPERIENCE TO HELP ENRICH AND BETTER THE LIVES OF YOUNGER GENERATIONS.

AND WHEREAS THE CITY OF CEDAR HILL SENIOR CENTER SERVES AS A FOCAL POINT FOR THE PROVISION AND COORDINATION OF A BROAD SPECTRUM OF SERVICES AND ACTIVITIES FOR OLDER ADULTS THROUGHOUT DALLAS COMP, DAN WAS THROUGH THE ARRAY OF SERVICES, PROGRAMS, ACTIVITIES.

THE SENIOR CENTER EMPOWERS OLDER CITIES TO CITIZENS TO CONTRIBUTE TO THEIR OWN HEALTH AND WELLBEING AND THE HEALTH AND WELLBEING OF THEIR FELLOW CITIZENS OF ALL AGES.

AND WHEREAS THE CEDAR BILL SENIOR SENATE AFFIRMS THE DIGNITY SELF-WORTH AND INDEPENDENCE OF OLDER PERSONS BY FACILITATING THE DECISIONS AND ACTIONS TAPPING THEIR EXPERIENCES, BROAD EXPERIENCES, SKILLS, AND KNOWLEDGE, AND ENABLING THE CONTINUED CONTRIBUTIONS TO THE COMMUNITY MODEL.

THEREFORE I, STEVEN MASON, MAYOR OF THE CITY OF CEDAR HILL, TEXAS DO HEREBY PROCLAIM SEPTEMBER, 2021 IS SEWER SERVICE SENIOR CENTER MOTH AND CALL ON ALL THE CITIZENS OF CEDAR HILL TO RECOGNIZE THIS SPECIAL CONTRIBUTIONS OF THE SENIOR CENTER PARTICIPANTS AND THE SPECIAL EFFORTS OF THE STAFF AND VOLUNTEERS WHO WORK EVERY DAY TO ENHANCE THE WELLBEING OF OLDER CITIZENS OF OUR COMMUNITY IN WITNESS, WHERE, UH, I HAVE HERE TO SET MY HAND AND OF COURSE THE SEAL OF THE CITY OF CEDARVILLE TEXAS TO BE A FIXED THIS 24TH DAY OF AUGUST, 2021, STEVEN MASON MAYOR, I PRESENT THIS TO YOU ON BEHALF OF THE SENIOR SENATE OF THEATER HILL AND SENIORS OF CEDAR HILL.

WE WANT TO THANK THE MAYOR AND THE MEMBERS OF THE CITY COUNCIL FOR THIS PROCLAMATION.

WE WORK DAILY TO SURE THAT OUR CITIZENS THAT HAVE RETIRED AND MOVING ON TO OTHER THINGS, WE WORK DAILY TO MAKE SURE THAT THEY ARE ENABLED TO DO SOME OF THOSE THINGS.

AND WE WANT TO THANK THE CITY IN MAY AND MAY OR MAY SOME FOR THE UPGRADES THAT THEY MADE AS A CENTER.

IT HAS BROUGHT IN MORE, UH, CITIZENS AND THEY'RE ALL ENJOYING IT.

I THINK SOMETIMES THEY DON'T WANT TO GO HOME, BUT THANK YOU.

THEY HAVE A PRESENTATION.

WE HAVE A PRESENTATION FROM THE SENIOR CENTER TO YOU ALL, SOME OF THE PEOPLE FOR MAYOR

[00:10:12]

YES MA'AM.

THANK YOU.

THANK YOU.

THANKS.

AND TO THE SENIOR SENATE, THANK YOU FOR WHAT YOU DO, YOU KNOW, TO MAKE OUR, UH, SENIORS, UH, FUNERAL FEEL AT HOME, EVEN AWAY FROM HOME.

SO THANK YOU FOR WHAT YOU DO NEXT ITEM

[c. Present a Proclamation designating the month of September 2021 as National Library Card Sign Up Month in Cedar Hill.]

THIS WILL BE PRESENTED BY CONSUMER BUILDER.

OKAY.

IT IS MY HONOR TO PRESENT THIS PROCLAMATION TO NOT JUST ANY LIBRARY, BUT TO CEDAR HILLS OWN ZUBY WILDLY LIBRARY.

THIS IS FROM THE OFFICE OF THE MAYOR.

WHEREAS A LIBRARY CARD EMPOWERS ALL PEOPLE TO PURSUE THEIR DREAMS AND EXPLORE NEW PASSIONS AND INTERESTS.

AND WHEREAS LIBRARIES ARE THE CENTRAL PLACE FOR FAMILIES PROVIDING RESOURCES FOR PARENTS AND CHILDREN WHILE FOSTERING BRAIN DEVELOPMENT.

AND WE'RE THE LIBRARY IS THE MOST ESSENTIAL SCHOOL SUPPLY OF ALL.

AND WHEREAS LIBRARIES AND LIBRARIANS PLAY A CRITICAL ROLE IN THE EDUCATION AND DEVELOPMENT OF CHILDREN.

AND WHEREAS LIBRARIES ARE A HUB FOR INNOVATION, OFFERING A VARIETY OF PROGRAMS TO STIMULATE AN INTEREST IN READING AND LEARNING.

AND WHEREAS LIBRARIES, LIBRARY, RESOURCES SERVE STUDENTS OF ALL AGES FROM EARLY LITERACY TO STEAM PROGRAMS, TO RESEARCH DATABASES, AND WHEREAS LIBRARY, SUPPORT ENTREPRENEURS AND BUSINESSES WITHIN THE COMMUNITY SIGNING UP FOR A LIBRARY CARD IS THE FIRST STEP ON THE PATH TOWARDS ACADEMIC ACHIEVEMENT AND LIFELONG LEARNING.

AND WHEREAS THE LIBRARY CARD GIVES STUDENTS THE TOOLS THAT FOSTER SUCCESS IN, IN THE CLASSROOM AND BEYOND.

AND WHEREAS LIBRARIANS CREATE WELCOMING AND INCLUSIVE SPACES FOR STUDENTS OF ALL BACKGROUNDS TO LEARN TOGETHER AND ENGAGE ONE ANOTHER.

AND WHEREAS LIBRARIES ARE CONSTANTLY TRANSFORMING AND EXPANDING SERVICES TO MEET THE EVOLVING NEEDS OF THEIR COMMUNITIES.

NOW, THEREFORE I, STEVEN MASON, MAYOR OF THE CITY OF CEDAR HILL DO HEREBY PROCLAIM SEPTEMBER AS LIBRARY, SIGN UP LIBRARY CARD, SIGN UP MONTH AND SIT IN THE CITY OF CEDAR HILL, TEXAS AND ENCOURAGE EVERYONE TO SIGN UP FOR THEIR OWN LIBRARY CARD.

TODAY.

I HAVE MINE IN MY POCKET.

IT WITNESS WHEREFORE WHERE, UH, WHERE AND WITNESS WHERE OF I HAVE HERE AND TO SET MY HAND AND HAVE COST THE SEAL OF THE CITY OF CEDAR HILL, TEXAS, TO BE AFFIXED THIS 24TH DAY OF AUGUST, 2021 AND THE SIGNED BY STEVEN MASON, OUR MAYOR.

THANK YOU.

THANK YOU, KEVIN.

AND WE DO HAVE A PRESENTATION.

YEAH, WELL, I JUST WANT TO THANK OUR COUNCIL, OUR AMAZING TEAM.

UM, THAT'S REPRESENTED TONIGHT AND WE WANT TO ENCOURAGE EVERYONE TO GET YOUR LIBRARY CARD, GET CARDED, FEEL FREE TO DANCE WITH US.

I KNOW CHIEF REYES SAID HE WANTS TO JOIN IN.

SO YOU WANT TO, YOU CAN, IT'S ALL ABOUT THE BOOKS.

TWO, THREE .

[00:15:31]

AND WE HAVE NEW LIBRARY CARDS ROLLING OUT NEXT MONTH, OR A WHOLE BEST STOCK WEST PARTNERSHIP WITH ALL OF OUR CITIES AND THE BEST TOP WEST.

SO ONE CAR, ONE LIBRARY, COMMUNITY.

THANK YOU ALL.

WE HAVE SOME THINGS FOR COUNCIL.

NO COUNCIL'S ALREADY CARDED.

I ALWAYS ENJOY THE LIBRARY.

COUNCIL CAN NEVER GET ENOUGH OF IT.

THANK YOU.

[5. Citizens Forum/Public Comments. Citizens wishing to speak during this time should submit a Speaker Request Form to the City Secretary before the meeting begins. Public comments may also be submitted online at: cedarhilltx.com/publiccomment. All public comments submitted online by 4pm on City Council meeting dates will be distributed to the City Council and entered into record. ]

NEXT ITEM IS CITIZENS FORM.

ANY SYSTEMS WISHING TO SPEAK DURING THIS TIME? UH, ALSO ANY CITIZENS, WE WELCOME YOU, THE CITY COUNCIL.

WELCOME YOUR COMMENTS.

ANY CITIZENS MAY ADDRESS ANY SUBJECT DURING THE CITIZENS FORUM, UH, PERSONNEL, THE CITY COUNCIL MEETING THE CITY COUNCIL CANNOT TAKE ACTION ON ANY MATTERS THAT IS NOT LISTED ON THE AGENDA, BUT THIS USE MAY BE REFERRED BY A CITY STAFF AND PLACED ON A FUTURE AGENDA.

UH, COUNCIL, WE DO NOT HAVE ANY ONLINE, UH, CITIZENS, UH, REQUEST OUR COMMENTS, UH, BUT I DO HAVE TWO SYSTEMS FOR, UH, FOR THE TWO, JUST KNOW THAT WE HAVE A CLOCK FOR THREE MINUTES AND AT THREE MINUTES, UH, THE MIC WILL BE MUTED.

SO JUST WANT TO MAKE SURE EVERYBODY'S CLEAR ON THE INSTRUCTIONS.

SO FIRST I HAVE A WEST POOL AND TOPIC IS SIGNATURE PARK AND DART.

HEY THERE, MR. WESTMILL DOING WELL DOING OKAY.

YEAH.

GOOD.

CAN Y'ALL HEAR ME IF I KEEP THIS, PULL THE MIC CLOSER TO YOU? THE MICRO HERE.

YEAH.

OKAY.

ALL RIGHT.

UM, UH, IS THIS OKAY? YES, SIR.

OKAY.

ALL RIGHT.

THANK YOU FOR, UM, ALLOWING ME TO SPEAK, UH, WEST POOL, UH, SIX 15 EAST BELTLINE ROAD, CEDAR HILL.

UM, I, UM, BACK WHEN THE BOND WAS GOING ON ON THE, UH, TWO PLANS FOR THE SIGNATURE PARK, AND I UNDERSTAND BY SEEING WHAT Y'ALL WERE TALKING ABOUT EARLIER, THAT IT MIGHT BE A WAY ON DOWN THE ROAD, BUT, UM, THERE WAS AN, EACH OF THE PLANS, UH, THERE WAS A PLAN A AND A PLAN B, THERE WAS A WATER LIKE A POND, UH, A WATER FEATURE.

AND I, I, DIDN'T THE PLAN THAT YOU ALL HAVE OUT IN THE HALL OUT THERE? I COULDN'T, I DIDN'T SEE ONE, I DIDN'T KNOW WHETHER THERE'S ONE, MAYBE Y'ALL DIDN'T HAVE ROOM FOR IT OR WHATEVER.

UH, BUT ANYWAY, I THOUGHT I'D POINT THAT OUT.

UH, THE OTHER THING IS I HOPE THAT, UH, THE, UH, I'VE VISIT WITH Y'ALL, UH, A YEAR AGO OR SO, AND, UH, ABOUT THE TUNNEL IDEAS SO THAT THE PEOPLE, UH, ON HENDRIX AND, UH, LISA ELAINE AND ALL THE ONES SLEEPY HOLLOW BACK OVER ON THE WEST SIDE OF THE TRACKS, UM, DON HAVE TO CARRY THEIR BABY CARRIAGES THAT I'VE SEEN MANY TIMES, UH, TO GO TO, UM, THE MOVIE THEATER OR UP TO, UH, I GUESS, A SLOPEY PLACE THAT I DON'T KNOW IF THEY'RE STILL THERE OR WHATEVER, BUT, BUT ANYWAY, I HOPE AND, UM, THAT THAT CAN BE CONSTRUCTED, UH, HOPEFULLY IF THE MONEY'S THERE, UH, UH, FOR THE LIBRARY OPEN SO THAT THEY CAN GO AND MAYBE THE, UH, IN ARLINGTON THERE'S ONE ON CENTER STREET, UH, THAT HAS TWO LANES.

AND THEN THE SIDEWALKS ON EITHER SIDE SEEMS TO BE A PRETTY SAFE WAY OF GETTING ACROSS, GETTING TO THE OTHER SIDE OF THE RAILROAD, IN MY OPINION, I JUST HATE THE DAY, WHATEVER GOD FORBID THAT ANYTHING EVER HAPPENED TO ONE OF THESE YOUNG FAMILIES THAT WAS CARRYING THE BABY CARRIAGE ACROSS THOSE RAILROAD TRACKS, UH, WHICH I HAVE SEEN OVER THE YEARS.

SO, UH, THE OTHER THING I WANTED TO VISIT BEFORE MY THREE MINUTES IS UP, UH, DART IS GOING TO BE GETTING

[00:20:01]

UH, OUR PRESIDENT IS VERY PRO FOR, UM, PUBLIC TRANSPORTATION.

HE'S A BIG AMTRAK.

HE'S PROBABLY THE BEST SPRINT AMTRAK HAD EVER GREW HIM UP.

CAUSE HE USED TO RIDE IT TO THE SENATE BACK AND FORTH, UM, DURING HIS CAREER IN THE SENATE.

SO MY ENCOURAGEMENT HERE IS I'VE BEEN SPEAKING.

SOME OF Y'ALL HAVE SEEN ME DOWN HERE.

MAYBE YOU WISH THAT I WOULDN'T SHOW UP ON TALKING ABOUT DART ALL THE TIME, BUT SOMEBODY HAS GOT TO KEEP RAISING THE ISSUE.

UH, THIS IS THE TIME TO GET THE MONEY.

IT'S ALL ABOUT THEM.

YEAH.

YEAH.

THAT MAKES UP, WE'VE GOT YOUR MESSAGE.

THANK YOU, WES.

UM, NEXT, UH, CITIZEN IS, UM, UH, FIELD RICH AND I BELIEVE THE TOPIC IS FAIRNESS.

GOOD, GOOD EVENING, MR. MAYOR AND COUNCIL, UM, PHILLIP BALAAM AWARDS, AND I'M HERE TO SPEAK ON FAIRNESS AND I'M REALLY GLAD THAT Y'ALL RECOGNIZE CONSTITUTION WEEK, BUT I THINK WE NEED TO DO IT, UH, 24 7 365 AND I WAS VERY CONCERNED, UH, COUNCILMAN SAM'S.

OKAY.

UM, I WAS VERY CONCERNED WHEN I APPEARED TO SUPPORT AN ISSUE LAST WEEK, THE LADY CAME UP HERE AND PRESENTERS THINGS AND FROM THE COUNCIL FROM ONE OF THE MOST SENIOR COUNCIL MEMBERS PUT A RESTRICTION ON IT AND I'M CONCERNED.

I SAID THAT THIS IS ONE OF MY CONCERNS.

AND ON THE FOLLOWING ONE, I DIDN'T NECESSARILY DISAGREE WITH IT.

I SAID, I DISAGREE WITH IT THE WAY THE COUNCIL WELL, MAKE IT UNIVERSAL FOR EVERYONE BECAUSE I BELIEVE FROM WHAT I COUNTED.

YEAH.

Y'ALL YIELDED 39 PARKING SPACES OUT FRONT, UH, OF THIS, UH, STORE AND, UH, ALLOW THIS, UH, BUSINESS TO HAVE OUTSIDE SALES WHILE THE OTHER ONE SPECIFICALLY BROUGHT UP BY THE COUNCILMAN.

UM, MR. HAYDEN, AND, AND SAID THAT SHE COULD NOT HAVE ANY OUTSIDE SALES OR A COLLECTION BOX.

WELL, BASICALLY THAT'S WHAT Y'ALL GAVE TO THE FOLLOWING ONE.

AND IT'S NOT REALLY FAIR.

AND THIS IS WHAT I TALK ABOUT.

WE ALWAYS CONTINUE TO HAVE A TAX INCREASE AND IT'S MAY NOT BE, BUT IT'S A TAX INCREASE BECAUSE THE VALUES GO UP.

AND WHEN S WHEN THE COUNCIL VOTES FOR SOMETHING LIKE THIS GIVES IT TO WARREN AND NOT TO THE OTHER, IT'S NOT FAIR.

AND IT'S BASICALLY AGAIN, AND I KNOW ONE COUNCIL MEMBER OVER HERE SAID THAT HE DIDN'T LIKE IT COMPARED TO JIM CROW, BUT THAT'S REALLY WHAT IT IS.

IT'S GIVING SOMETHING TO SOMEONE AND NOT ALLOWING THAT OTHER PERSON THAT SAME WAY, ALL OF YOU, OF COLOR.

AND EVEN AS A CHILD, I SAW THE BLESS YOU, UH, WHERE IT SAID COLORED, YOU HAD TO DO COLORED IN AND WHITES HAD TO GO OTHER PLACES.

AND I'M JUST REAL CONCERNED THAT IN THE CONSTITUTION THAT IT SAYS, ALL THINGS SERVE TO BE EQUAL.

WE'RE SUPPOSED TO BE EQUAL UNDER THE LAW.

AND WHAT Y'ALL DID WEEKEND WAS NOT EQUAL TO THAT LADY.

AND ALSO THE LAST THING, THE NUMBER OF COUNCIL MEMBERS, MEMBERS THAT MENTIONED THAT THEY WERE WANTING TO RENT A TOOL AND THEY WERE GLAD THAT THEY COULD GET A GO UP THERE AND RENT A TOOL FROM HIS COMPANY.

NOW, IT'S NOT ABOUT Y'ALL PERSONALLY, IT'S ABOUT WHAT'S GOOD FOR THE CITIZENS OF CEDAR HILL AND ALL THE ECONOMIC DEVELOPMENT THAT GOES ON.

IT'S A INDUSTRIALIZED TAXATION OF THE INDIVIDUAL TAX PAYER, BECAUSE Y'ALL GIVING IT TO THESE OTHER COUNTIES.

THANK YOU.

THANK YOU, SIR.

THAT CONCLUDES OUR ASSISTANCE FORM.

NEXT ITEM

[a. Case No. CUP-366-2021 – Conduct a public hearing and consider an application for a Conditional Use Permit for the sale of alcoholic beverages for on-premise consumption in conjunction with a restaurant on property zoned “LR” (Local Retail District) within the Uptown Overlay, generally located southeast of Pioneer Trail, southeast of Uptown Boulevard with the approximate address being 329 North J. Elmer Weaver Freeway, Suites 100 & 150. Applicant: JerTerria Dawson, Beaucoup Connection Property Owner: Quang Le, CV Cedar Hill Holdings, LLC]

[00:25:01]

WHAT YOU WOULD LIKE TO SAY ANYTHING BEFORE THE COUNCIL? YOU'RE NOT OBLIGATED TO ALRIGHT.

WELL WITH THAT COUNCIL, I'LL GO AHEAD AND BEGIN THE PUBLIC HEARING.

IS THERE ANYONE WISHING TO SPEAK IN FAVOR OR OPPOSITION TO CASE NUMBER CUP 3 6, 6 20 21.

AND I WANT TO LISTEN TO SPEAK IN FAVOR OR OPPOSITION TO C U P 360 6, 20 21.

NOT SEEN EITHER ON APPROACH.

I WILL CLOSE THAT PORTION OF THE PUBLIC HEARING COUNSEL.

ARE THERE ANY QUESTIONS OR COMMENTS TO THE APPLICANT OR ANYTHING TO DELIBERATE BEFORE AS OPEN COUNCIL GOES FROM HAYDEN? YES, MA'AM.

I, UH, I DON'T HAVE ANY FURTHER QUESTIONS IF NOBODY ELSE HAD.

I, UH, WE APPROVED CASE NUMBER CDP 3 6 6 2 0 2 1.

UM, WE DO HAVE A MOTION FOR APPROVAL, UH, FROM CUSTOMER HAYDEN.

DO WE HAVE A SECOND, SECOND, SECOND FROM THE REPORT, TIM SALEM'S.

UM, WOULD YOU MIND COMING UP FOR ME? WE DO HAVE A MOTION FOR APPROVAL AND A SECOND.

UM, I JUST HAVE A QUICK QUESTION.

UM, I'M AWARE, UH, WE TYPICALLY, THIS IS FOR ON-PREMISE CONSUMPTION.

UH, I'M AWARE OF SINCE THE PANDEMIC THAT, UH, THERE IS, UH, OPTION FOR, I GUESS, OFF PREMISE SALES FROM YOUR RESTAURANT.

UH, ARE YOU PLANNING TO DO THAT? SO YOU WITHIN, YOU KNOW, WITHIN THE STATE LAW TO DO SO, I'M JUST CURIOUS HOW YOU WAS GOING TO MANAGE YOUR IT, YOUR BUSINESS.

UH, DID SIERRA DAWSON, UH, 2 91 MARGO DRIVE MY KIDS TO TAKES A STEP 5 1, 3, 4.

UM, MY PLAN IS TO, UM, LIKE WE DISCUSSED STAY WITHIN THE 60, 40 ON-PREMISE CONSUMPTIONS, NO OUTSIDE, UH, ALCOHOL STEALS SOUNDS LIKE YOU'RE FAMILIAR WITH THE LAW.

THAT'S ALL I'D LOVE TO KNOW.

THANK YOU FOR THAT.

THANK YOU.

UH, ANY OTHER QUESTIONS, COMMENTS, COUNSELOR, IF NOT, WE'LL DO THAT.

IMMERSIVE FROM CUSTOMER HAYDEN AND A SECOND FROM MARRIOTT FOR TIM SIMMS. UH, THE FAVOR, PLEASE RAISE YOUR RIGHT HAND MOST ANANYMOUS ALRIGHT, WELCOME TO SIT HERE.

NEXT ITEM

[b. Case No. CUP-370-2021 – Conduct a public hearing and consider an application for a Conditional Use Permit for “indoor and outdoor commercial amusement” on property zoned “LR” (Local Retail District), generally located northwest of J. Elmer Weaver Freeway (Highway 67), south of Wintergreen Road with the approximate address being 1435 North J. Elmer Weaver Freeway, Suite 100. Applicant: Roslyn Stafford-Grady, Smoking Jacket Cigar Lounge Property Owner: DFW Oracle Ventures Two]

CONDUCT A PUBLIC HEARING AND CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR INDOOR AND OUTDOOR COMMERCIAL AMUSEMENT, UM, PROPERTIES ON LR, LOCAL RETAIL DISTRICT GENERAL LOCATED NORTHWEST OF J ELMO RIVER FREEWAY, HIGHWAY 67 SOUTH A WINTERGREEN ROLE WITH THE APPROXIMATE ADDRESS BEING 1 4, 3 5 NORTH AT J M A WEAVER FREEWAY, SUITE 100, UH, APPLICANT ROSLYN STAFFER, GRADY SMOKING JACKET, CIGAR LOUNGE, PROPERTY OWNER, DFW ORACLE VENTURES TO DO WE HAVE AN APPLICANT HERE WITH US TODAY.

HELLO THERE.

WHAT'D YOU LIKE TO PRESENT ANYTHING FOR THE COUNCIL? ROSALIND STAFFER, THE OWNER OF SMOKING JACKET.

AND THANK YOU FOR THAT.

ALL RIGHT.

YOU'RE YOU'RE MS. JACK YOU'RE MS. GRADY, CORRECT? I'M SORRY, MS. GRADY.

YES, SIR.

OKAY.

ALL RIGHT.

I DON'T KNOW IF THEIR SPEAKER CAN HEAR YOU.

CAN YOU, CAN YOU REPEAT THAT AGAIN? AND STAFFER GRADY, THE OWNER OF SMOKING JACKETS TO GARLOW.

I STILL CAN'T HEAR.

MM, ROSLIN STAFFER, GRADY OWNER, A SMOKING JACKET.

CIGARILLOS.

THANK YOU FOR THAT.

YOU HAVE ANY COMMENTS? NO, THANK YOU MUCH.

OKAY.

LOOK OUTSIDE.

I'LL HAVE TO GO AHEAD AND BEGIN WITH THE PUBLIC HEARING AND, UH, WE'LL BE GOOD.

UM, ANYONE WISH TO SPEAK IN FAVOR OR OPPOSITION TO CASE NUMBER C U P 3 7 0 20 21 IN THE ONE HERE, WISHING TO SPEAK IN FAVOR OR RESISTANT TO CASE NUMBER C U P 3 7 0 20 21 AND NOT SEE ANYONE APPROACH, UH, GO AHEAD AND CLOSE THAT PORTION OF THE PUBLIC HEARING, UH, COUNCIL, THE FLOOR IS OPEN FOR ANY QUESTIONS, COMMENTS, OR ANY, UH, DELIBERATION, UH, CUSTOMER.

AND YOU HAVE A QUESTION.

THANK YOU.

IF YOU MOCK THEM UP.

YEAH.

I JUST ASKED HIM SOME QUESTIONS, UM, FROM A MUSIC STANDPOINT AND APPARENTLY THAT'S WHAT WE'RE COMING UP FOR TO TRY TO MAKE A CUP, TO BE ABLE TO ACCOMMODATE TYPE OF MUSIC.

I UNDERSTAND YOUR SERVICE HOURS.

ARE YOU CLOSED AT NINE? O'CLOCK CORRECT? NO, SIR.

I CLOSE AT 10 A WEEK.

YEAH, SIR.

OKAY.

I THOUGHT SOMEWHERE IN HERE THAT I SHOWED THAT, UH, THE, THE HOURS WERE NOW, BUT WITH THE MUSIC WOULD BE ENDING AT NINE, CORRECT? ACCORDING TO P AND Z.

SO, SO WHAT KIND OF MUSIC THAT'S NOT GOING TO BE AMPLIFIED, DO YOU, DO YOU ANTICIPATE OR,

[00:30:01]

THEY HAVE A LITTLE MICROPHONES.

YOU SAID NO, THEIR PHONE DEVICES, THEIR PHONES.

A LOT OF THEM PLAY THEIR MUSIC THROUGH THEIR PHONE WITH THEIR HEADSETS.

OH, OKAY.

SO THERE'S NO SPEAKERS OR ANYTHING LIKE THAT OUTSIDE.

SO THEN IF THAT'S THE CASE, THEN YOU'RE PROVIDING MUSIC OUTSIDE AND YOU'RE NOT HAVING LIVE ENTERTAINMENT.

NO, SIR.

OKAY.

SO IT'LL BE INSIDE.

OKAY.

SO THE OTHER QUESTION I HAD PERTAINS TO THE BREEZEWAY AREA WHERE YOU, UH, APPARENTLY HAVE, UH, YOU KNOW, A LOT OF YOUR CHIT TABLES AND CHAIRS AND SO FORTH THAT ARE REALLY BLOCKING THE WHOLE AREA.

YOU'VE GOT A LITTLE, YOU GOT A LITTLE BIT OF A, A WALKWAY THAT YOU CAN GO THROUGH, BUT YOU GOT, YOU KNOW, YOUR TABLES AND CHAIRS ON BOTH SIDES.

ON ONE SIDE, EVERYTHING WAS CHANGED TO ONE SIDE.

SO YOU'LL MOVE THOSE CHAIRS.

CAUSE I WAS JUST OVER THERE ON THE LEFT.

SO MY QUESTION ON THAT IS, UM, FROM THE OWNER OF THE PROPERTY STANDPOINT, UH, HAVE YOU HAD ANY DIALOGUE WITH THEM AS FAR AS THEIR THOUGHTS OF, OF, UH, ACCESSING THAT, THAT, UH, AREA OUT THERE I'VE NEVER HAD ANY PROBLEMS WITH THAT? WELL, I MEAN, HAVE YOU EVER, HAVE YOU HAD ANY DIALOGUE WITH THEM AND THEY'RE, THEY'RE CERTAINLY OKAY WITH THAT.

OKAY.

UM, AND THAT'S, THAT'S REALLY ALL I HAD ANY QUESTION ON THAT.

THEN THE OTHER ISSUE THAT I HAD CONCERNS WITH IS I GUESS, SOME OF THE, I GUESS THE REACTIONS OF, OF YOUR NEIGHBORS THAT YOU ALL HAVE HAD WITH, UH, WITH, UM, YOUR, YOU KNOW, YOUR, THE WINNER'S BARBECUE PLACE OVER THERE.

SO IT SEEMS LIKE THERE'S BEEN SOME ISSUES GOING BACK AND FORTH WITH REGARDS TO, UH, UM, YOU KNOW, IDLE THREATS AND SO FORTH TO THEM.

CAN YOU COMMENT A LITTLE BIT ON THE RELATIONSHIP THAT YOU HAVE? UH, THERE HAVE BEEN NO THREATS, SIR.

THERE HAVE BEEN NO THREATS.

OKAY.

OKAY.

THAT'S NOT HOW I DO BUSINESS.

NO, SIR.

UH, CAUSE I WAS READING, UH, YOU KNOW, A LETTER HERE THAT MR. KEN FRAZIER HAD PROVIDED US.

AND, AND UH, AND I CAN REMEMBER A COUPLE OF MONTHS BACK WHERE I THINK WHEN ALL THIS STARTED THAT HE HAD, UH, AND I GUESS TEXTING WAS TRYING TO FIND OUT WHAT, YOU KNOW, WHAT RECOURSE, WHAT WAS GOING ON.

I KNOW, I KNOW THERE'S BEEN A, YOU KNOW, NINTH, I'M SORRY, JUNE SIX HAD AN ANNIVERSARY PARTY, FIVE YEARS CELEBRATING, SMOKING JACKET BEING IN BUSINESS.

WE HAD OUTSIDE SEATING AND WE HAD OUTSIDE MUSIC.

WE DID MR. FRAZIER WASN'T EVEN IN TOWN.

SO I DON'T KNOW WHAT LETTER YOU RECEIVED OR WHATEVER HE WAS NOT THERE.

RIGHT.

OR THIS, THIS WASN'T DIRECTED SPECIFICALLY HIM, AS I UNDERSTAND THIS IS TO HIS FAMILY AND HIS WIFE.

YEAH.

WELL, I WENT TO HER AND I LET HER KNOW WHAT I WAS DOING, THAT I HAD THIS EVENT THAT DAY.

AND IF YOU HAD ANY PROBLEMS COME TO ME AND LET ME KNOW IF YOU HAD A PROBLEM, SHE CALLED THE PROPERTY MANAGER AND WE WORKED IT OUT WITH THEM AND I HAVEN'T HAD ANY ISSUES SINCE THEN.

WE HAVEN'T SPOKEN SINCE THEN.

SO WE'RE FINE.

SAY AT THIS POINT THEN, THEN FOUR AS YOUR CONCERN, EVERYTHING'S KIND OF SMOOTH.

RIGHT? ALL RIGHT.

THAT'S ALL THE QUESTIONS I HAVE.

THANK YOU.

MAY HAVE FELT SOME SENSE.

THANK YOU.

UM, SO I HAVE A QUESTION FOR CITY STAFF, UH, MS. STRINGFELLOW, COULD YOU COME TO THE MIC PLEASE? AND SO ONE OF THE THINGS THAT I'M TRYING TO GET A GRASP OF IS, SO THE BUSINESS ADJACENT, THE ADJACENT BUSINESS IS THE WINNER'S BARBECUE.

IS THAT CORRECT? YES, SIR.

ARE, IS, ARE THEY ALLOWED TO HAVE, UM, UH, PATRONS, UM, HAD EAT DINNER OUTSIDE ON THE PATIO? UM, THEY COULD, IF THEY WANTED TO PUT TABLES OUT THERE, UM, WINTERS COULD DO THAT.

THEY WOULD BE, YOU KNOW, WITHIN THEIR AREA, OF COURSE IN FRONT, THERE WOULD BE NO PROHIBITIONS AGAINST DOING THAT.

NOW, ONE THING I WILL SAY IS WHEN THEY, UM, YOU MAY REMEMBER THEY RECENTLY RECEIVED A CONDITIONAL USE PERMIT TO SELL ALCOHOL THAT ALCOHOL.

SO UPP ONLY INCLUDED ALCOHOL INSIDE THE BUILDING.

SO THEY WOULD NEED TO AMEND THEIR CUP IF THEY WANTED TO HAVE ALCOHOL OUT.

WELL, ONE OF THE QUESTIONS I HAVE MS. GRADY IS ONE OF THE QUESTIONS I HAVE IS IF YOU HAVE PATRONS THAT ARE AT THE BARBECUE PLACE, EATING OUTSIDE, AND IF YOU HAVE PATRONS AT THE CIGAR SHOP SMOKING CIGARS, I MEAN, I'M WONDERING ABOUT THE PUB POTENTIAL CONFLICT WITH SOMEONE TRYING TO EAT DINNER AND, AND, AND THE SMOKE FROM CIGARS.

SO IS, HAS THE STAFF HAD ANY DISCUSSION ABOUT THAT? YES, ACTUALLY IN TERMS OF OUR ORDINANCE, THEY ARE PERMITTED TO

[00:35:01]

UM, BECAUSE YOU KNOW, THE SWEETS ARE NEXT TO EACH OTHER.

THEY, BECAUSE THEY WERE THEIR FIRS.

UM, WE CANNOT, YOU KNOW, TELL THEM THAT THEY CANNOT SMOKE OUTSIDE JUST BECAUSE WINNERS MIGHT HAPPEN TO BE EATING OUTSIDE.

BUT CURRENTLY, YOU KNOW, WINNERS DOESN'T HAVE ANY PATIO SEATING AND HASN'T REQUESTED TO HAVE ANYTHING OUTDOORS, BUT IF THEY DID THEY FEEL OUT TOO.

YEAH, I DO REMEMBER THAT, THAT, THAT HAS BEEN A VARIETY OF DIFFERENT RESTAURANTS.

AND I DO REMEMBER OVER THE YEARS, PEOPLE OUTSIDE EATING THERE, AND I WAS JUST CURIOUS IF THAT WOULD POTENTIALLY BE A CONFLICT, BECAUSE FOR ME, I WANT BOTH BUSINESSES TO BE VERY SUCCESSFUL.

I WANT YOUR CIGAR BUSINESS TO BE VERY SUCCESSFUL, AS WELL AS THE BARBECUE PLACE.

AND I DON'T WANT ANY, ANY LEVEL OF ACTIVITY, UH, IN ONE TO IMPAIR THE SUCCESS OF THE OTHERS.

AND SO THAT'S WHAT I WAS TRYING TO GET TO.

OKAY.

THANK YOU.

UH, CAUSE I'M RECORDING.

UH, YES.

UH, MS. STRINGFIELD, BEFORE YOU WALK OFF.

SO I HAD A QUESTION.

SO I, I, I NOTICED ON THE STAFF REPORT, IT WAS TALKING ABOUT COMMERCIAL AMUSEMENT SHALL BE LIMITED TO THE INTERIOR OF THE SUITE.

AND, AND MAYBE THAT'S BOTH OF YOU.

UM, BUT WHAT, WHAT, WHAT ALL IS COVERED IN, IN COMMERCIAL AMUSEMENT IS, IS THERE SOMETHING THAT'S BEING APPLIED FOR THAT, THAT I DIDN'T UNDERSTAND, WHICH PART IS THE COMMERCIAL AMUSEMENT? THAT IS THE CLOSEST USE THAT WE HAVE THAT REFLECTS THE OPERATIONS FOR THE LOUNGE.

AND SO THAT'S WHERE THE COMMERCIAL ABUSEMENT USE COMES IN IT.

AND SO THEN ERIE IS FOR THE INSIDE, YOU KNOW, WHICH IS WHAT THEY HAVE BEEN DOING.

AND THEN ALSO FOR THE OUTDOOR AREA, WHICH IS THAT REASON WAY.

AND THEN THE AREA THAT IS IN FRONT OF THE DOOR, THOSE ARE THE AREAS WHICH ARE FOR THE LOUNGE, YOU KNOW, I EITHER COMMERCIAL OR MUSEUM.

OKAY.

AND THEN THE, THE OUTDOOR MUSIC.

SO THERE'LL BE NO AMPLIFIED MUSIC IS IF THERE'S NO OUTDOOR AMPLIFIED MUSIC PERIOD OR AFTER 9:00 PM.

SO NONE AFTER 9:00 PM.

SO OUR UNDERSTANDING WAS THAT SHE DID WANT TO HAVE, UM, OUTDOOR MUSIC, YOU KNOW, FROM TIME TO TIME LIVE ENTERTAINMENT THAT MAY HAVE CHANGED, BUT THAT WAS INITIALLY PART OF THE CONVERSATION.

THAT'S WHY IT WAS IN THE APPLICATION.

OKAY.

AND SO THAT WOULDN'T REQUIRE A SPECIAL USE PERMIT.

YES.

BUT IT WOULD REQUIRE A SPECIAL USE PERMIT.

YEAH.

THEN.

SO THAT'S WHY WE ADDED IT TO THIS REQUEST BECAUSE IT DOES REQUIRE THE CUP.

OKAY.

SO, BUT, BUT IS HE GOING TO REQUIRE A SPECIFIC PERMIT FOR AN EVENT OR IS IT JUST THE EVENT? SO THE MUSIC IS PART OF THE EVENT.

SO THAT OUTDOOR COMMERCIAL MUSEUM IS A VERY BROAD TERM.

SO WHAT WE WANT TO KNOW IS SPECIFICALLY WHAT YOU WANT TO DO AS PART OF AMUSEMENT IS THAT MUSIC, IS THAT A LOUNGE SPECIFICALLY? WHAT IS IT THAT YOU'RE DOING? IT'S A VERY BROAD CATEGORY.

SO THAT'S THE REASON WHY WE SPECIFICALLY ASK EVERYTHING THAT YOU WANT TO DO.

AND, AND WOULD THIS ALLOW THEM TO EXCEED THE LIMITS THAT WE HAVE IN OUR NORMAL ORDINANCES? I THINK IT WAS AT 63 DECIMALS.

THAT IS CORRECT.

IT DOES NOT ALLOW THEM TO DO THAT.

OKAY.

SO IT'S BASICALLY ANYTHING ABOVE, ABOVE A CELL PHONE SPEAKER IS PRETTY MUCH NOT GOING TO BE PERMITTED.

THAT IS CORRECT.

OKAY.

ALL RIGHT.

THANK YOU.

OH, YOU'RE WELCOME.

THAT'S ALL THE QUESTIONS I HAVE.

ONE MORE.

YEAH.

BEFORE YOU GO CUSTOMER, HEY, IS THIS ALL CUSTOMER CREDIT RECORDED? OH, I, I, YOU KNOW, I, I DID HAVE SOME QUESTIONS AND CONCERNS ALSO ABOUT THE, THE EMAIL THAT THE COMMUNICATION WE GOT FROM, FROM MR. FRAZIER.

IT SEEMS AS THOUGH THERE IS SOME DISAGREEMENT AND ANIMOSITY.

UM, I KNOW YOU SAID THAT, UH, I READ THE, THE MINUTES FROM THE PLANNING AND ZONING MEETING, AND IT SAID THAT, YOU KNOW, THAT NONE OF THAT YET ALL THE OTHER BUSINESSES WOULD SUPPORT YOU.

BUT THEN WE RECEIVED THIS EMAIL FROM HIM SAYING THAT, YOU KNOW, HE DOESN'T SUPPORT YOU.

SO I LOOKED THROUGH THE LIST OF NOTIFIED INDIVIDUALS AND I SEE PROPERTY OWNERS AROUND THERE, BUT I DIDN'T SEE THE OTHER BUSINESSES AROUND THERE.

AND, UH, YOU KNOW, GRANTED THEY'RE NOT HERE TODAY PROTESTING OR, OR, YOU KNOW, SUPPORTING YOU.

UM, BUT WE DID HAVE ONE LETTER OF NO OBJECTION TO, YOU KNOW, TO THIS PERMIT.

UM, AND, UH, I WOULD HOPE THAT YOU WOULD SIT DOWN WITH MR. FRAZIER AND, UH, THE OWNERS OF WARNER'S BARBECUE AND THAT YOU ALL CAN RESOLVE THESE DIFFERENCES.

OKAY.

UH, NEXUS, UH, GLOVER.

THANK YOU.

MA'AM UM, CAN LEAVE ME.

I DROVE BY AND WALKED THE BREEZEWAY THIS AFTERNOON, AND THERE'S A TELEVISION

[00:40:01]

IS THAT, IS THAT BEING UTILIZED? DO YOU? WE DID THEN DON'T COVID WE DID.

OKAY.

HOW'S IT BEING USED? WAS IT FOR SEE IT, BUT YOU COULDN'T HEAR IT.

OKAY.

ALL RIGHT.

AND THEN THERE WAS, UH, SOMETHING IN THE STAFF REPORT ABOUT THE PARKING AND THE FIRE LANES.

RIGHT.

WE'LL HAVE SIGNS.

DID YOU SEE THOSE SIGNS TODAY? I CAN ONLY CONTROL SMOKING JACKET.

I CAN'T CONTROL, YOU KNOW WHAT I MEAN? FROM WINNERS OR VERACRUZ.

SO THAT'S THE ISSUE.

I CAN'T IT.

AND YOU PUT THOSE SIGNS OUT.

YES.

WE'LL PUT THOSE SIGNS OUT.

DID YOU SAY YOU DID SEE THEM RIGHT? YOU DID SEE THOSE SIGNS IN FRONT OF SMOKING.

ALL RIGHT.

THANK YOU.

YOU'RE WELCOME.

THANK YOU.

UM, CAUSE THERE MICHELLE THEN, UH, GET YOU HAYDEN.

YEAH, YEAH, YEAH.

TOO CAN TO EMAIL IT.

CAUSE THERE MICHELLE, CAN YOU TURN YOUR MIC ON THE RECORDER? CAN'T PICK YOU UP.

THANK YOU.

YEAH.

INSOFAR AS THE, UH, EMAILED IT TO COUNCILMAN WAS TALKING ABOUT, I WON'T BRING THAT UP BECAUSE YOU HAVEN'T SEEN IT.

AND IT SEEMS TO BE SOME KIND OF, KIND OF DISAGREEMENT WITH THAT.

AND I HAVE ISSUES WITH BOTH OF YOUR BINS.

I'M LIKE A MALE.

PROTIUM SEE HIM SAY IT.

I WANT BOTH OF YOU JUST TO SEE, SO THIS EMAIL IS GONE.

HE SAID, SHE SAID, AND I WOULD WORRY ABOUT IT.

UM, I KNOW I WOULD LOVE FOR GET BOTH OF YOU IN A ROOM AND LOG IN TO PROPERTY MANAGER AND SEE, CAN WE WORK SOME OF THESE STUFF IF THERE IS A MISUNDERSTANDING, RIGHT.

TO TRY TO WORK SOMETHING OUT, OTHER THAN THAT, I'M FOR THIS.

BUT I JUST, BEFORE GOING FORWARD, WE DON'T WANT THIS TO CONTINUE TO KEEP COMING UP ON STAFF AND THOSE KINDS OF THINGS.

OKAY.

ALL RIGHT.

UM, BECAUSE OF MY HAYDEN IN, WELL FINISHED WITH TIM'S SEALS, I JUST, I JUST WANT TO REITERATE AGAIN ON THIS, ON THIS BREEZEWAY THING, JUST SO THAT I WANT TO MAKE IT CLEAR ON THAT POINT.

YOU KNOW, I'M A LOT OF TIMES WHEN I GO TO THAT CENTER, I UTILIZE THE PARKING LOT THAT GOES OVER WHERE, WHERE THE BREEZEWAY ENTRANCE WOULD BE.

IT SEEMS TO ME THAT'S LESS OCCUPIED MOST OF THE TIME, BECAUSE THE OTHER SIDE FOR VERA CRUZ IS PRETTY FULL.

I KNOW A LOT OF THE ONES THAT GO TO WINTERS GO AROUND TO, YOU KNOW, MAYBE THE OTHER SIDE, UH, ACROSS FROM THE ART STUDIO AND SO FORTH.

UM, BUT A LOT OF TIMES I'LL JUST ACCESS THROUGH THERE.

AND OF COURSE I'M A NON-SMOKER, BUT I'M NOT A GUEST.

MY, MY, MY WIFE PROMISED ME SHE'D QUIT SMOKING WHEN WE GOT MARRIED AND THAT WAS 41 YEARS AGO AND IT HADN'T HAPPENED YET.

SO, BUT WALKING THROUGH THAT BREEZEWAY AND WHEN I WENT THERE, THERE, THEY, LIKE I SAID, THEY WERE, THERE WERE FURNITURE ON BOTH SIDES.

SO I JUST WANT TO MAKE SURE THAT WHEN WE'RE UTILIZING THAT SIDE, THAT'S A PUBLIC ENTRANCE OKAY.

ENTRANCE FROM THAT PARKING LOT.

AND SO THEY'RE HAVING TO WHETHER THEY WANT TO, OR NOT WALK THROUGH CIGAR SMOKE.

AND SO THAT'S WHY I WAS SO CONCERNED ABOUT EVEN ACCESSING THAT PARTICULAR AREA AND MAKE SURE YOU HAD, YOU HAD, UH, APPROVAL FROM THE OWNERSHIP ON THAT BECAUSE IT MAY AFFECT, UH, YOU KNOW, THE VERNON FOLKS AND EVERYBODY ELSE THAT WANTS TO COME THROUGH THAT THROUGH THE HOURS OF YOUR OPERATION.

SO I JUST ASKED YOU IN THAT PARTICULAR SITUATION TO MAKE SURE THAT YOU DON'T WANT TO USE ABOUT HALF OF THAT AND PLENTY, PLENTY OF WALKING ROOM ON THAT SIDE OF IT TO ACCESS THAT, YOU KNOW, I DON'T HAVE ANY OBJECTIONS OF THE CUP AND YOU DOING THINGS OUTSIDE AND SO FORTH AND LIKE, UH, YOU KNOW, LIKE THE OTHER COUNSELOR AND SAY, I WANT BOTH OF US TO SUCCEED BECAUSE WE NEED BOTH OF YOU THERE.

SO, UH, BUT I THINK THAT IF YOU ADHERE TO THAT, YOU OBVIOUSLY KNOW FROM THE PARKING ASPECT, UH, AND, AND THE CRITERIA IN THE A P AND Z, UH, RECOMMENDATIONS, UM, THAT IF ANY OF THOSE THINGS AREN'T ADHERED TO, OBVIOUSLY THE CUP CAN BE, BE REVOKED.

SO JUST KNOW THAT, BUT I WISH YOU WELL, AND I WANT YOU TO GET ALONG WITH, UH, WITH ALL OF YOUR NEIGHBORS OVER THERE, ESPECIALLY WITH CANCER.

THANK YOU.

MAY I APPROACH HIM SINCE NOT CLEAR, UH, YOUR OPPOSITION

[00:45:03]

I MEAN, I, I, WHAT I READ THE SONS ABOUT THAT, BUT I WOULDN'T NECESSARILY SEE IT AS OPPOSITION.

SO I ASSUME THAT THAT IS VERY BEING, SO I DON'T WANT ME TO WALK.

I DIDN'T READ ANYTHING THAT SAID THAT THE NAME OF THE BUSINESS, SECOND VIOLATION, IT'S MY UNDERSTANDING THAT YOU NEED TO COMMUNICATE WELL, AGAIN, WE'LL TELL OUR CUSTOMERS THAT, AND THAT'S WHY WE HAVE THE SIGNS.

NO, NO PARKING, BUT AGAIN, I CAN'T, AGAIN, I CAN'T CONTROL THE WHOLE AREA ON THE OTHER SIDE OF SPORTS ON THE WINTER SIDE OR ON THEIR CREW SIDE.

ALL RIGHT, THANK YOU.

OH, UH, SO I GUESS YOUR, YOUR GOAL, WHAT, WHAT IS THE GOAL FOR TODAY? BECAUSE, I MEAN, I THOUGHT IT WAS FOR OUTDOOR OUTDOOR MUSIC, BUT YOU'RE SAYING YOU'RE NOT, YOU DON'T PLAN TO HEAVEN.

SO WHAT IS THE GOAL THAT YOU WANT? I JUST, HONESTLY, I RECEIVED THE EMAIL OR A LETTER SAYING THAT I HAD TO APPLY FOR THE CUP.

I DIDN'T KNOW WHY I HAD TO APPLY BECAUSE I DIDN'T HAVE OUTSIDE MUSIC.

WE HAD OUTDOOR SEATING BECAUSE OF COVID.

SO THE CUSTOMERS WOULD SIT OUTSIDE BECAUSE WE COULDN'T USE INSIGHT.

AND THAT SAVED MY BUSINESS.

BEING ABLE TO SMOKE OUTSIDE AND SIT OUTSIDE.

THAT'S WHY I'D HAD THE PATIO CHAIRS IN THE BREEZEWAY.

THEY USED TO BE BOTH ON BOTH SIDES.

LIKE YOU WERE SAYING, THEY ARE ONLY ON ONE SIDE.

AND IF YOU'RE COMING OUT OF MY, MY DOOR GOING TO THE LEFT, IT'S ONLY IN THE LEFT SIDE, BUT THERE IS NO MUSIC.

MY MUSIC IS INSIDE AND THERE IS A TV THAT THEY CAN WATCH THE TV, BUT THEY CAN'T HEAR IT.

FAIR ENOUGH.

UM, I GUESS, UM, YOU KNOW, IF COVID NEVER CAME, WOULD YOU, DO YOU LIKE THE IDEA OF BEING, YOU KNOW, HAVING YOUR PATRONS TO BE OUTDOOR OF THROW AT YOU AS OKAY.

LESS MESS? THAT'S GREAT.

AND WE PUT, WE PUT TRASH CANS AND FOUR SPACES NEXT TO WINNERS IN FRONT OF MY LOUNGE, TWO ON THE SIDE AND THE PATIO AREA AND ONE OVER THE ART STUDIOS.

SO EVERYBODY COULD USE IT, BUT DEFINITELY OUR CUSTOMER.

SO MAKE SURE EVERYBODY PICK UP AFTER THEMSELVES AND MY STAFF.

WE ALSO GO OUT AFTER WE'RE CLOSED AND MAKE SURE EVERYTHING FAIR ENOUGH.

AND I'M ASSUMING THE PROPERTY OWNER IS NOT HERE TODAY, ARE THEY, I'M ASSUMING THE PROPERTY OWNER IS NOT HERE IN THIS ONE.

I SPOKE WITH THEM TODAY TOO.

UM, YOU KNOW, MS. MS. GRAY, UH, I'M NOT SAYING I DO NOT SUPPORT THIS, BUT I WOULD LIKE TO TABLE THIS.

AND IF I COULD MAYBE MEET, MAYBE MEET WITH YOU AND THE PROPERTY OWNER, AND IF THERE ARE ANY OTHER NEIGHBORING RESTAURANTS, UH, THAT WE CAN KIND OF MEET AND JUST TO MAKE SURE THAT, YOU KNOW, THAT THE LINES OF COMMUNICATIONS IS CLEAR, UM, BECAUSE I JUST, I JUST WANT TO MAKE SURE THE SAFETY AND THE SECURITY OF EVERYBODY IS, IS ALSO BEING TAKEN CARE OF.

UH, AND SO I DO NOT WANT TO PASS A CONDITIONAL USE THAT YOU MAY NOT FEEL LIKE YOU'RE BEING FAIRLY TREATED AND OUT OF THIS.

I DON'T WANT TO MAKE SURE THAT EVERYBODY EQUITABLE IS FAIR.

DOES THAT, DOES THAT SEEM OKAY FOR US TO KIND OF GET TOGETHER AND KIND OF FIGURE THIS OUT? IT DIDN'T BRING THE RIGHT TYPE OF CUP OF BEFORE THE COUNCIL.

YES.

IS THAT FAIR? OKAY.

SO IF IT'S OKAY, I'M GO AHEAD AND TABLE THIS ITEM FOR TODAY AND THEN TRY TO BRING THIS BACK UP AT A LATER COUNCIL MEETING.

AND THEN WE TRY TO MAKE SURE THAT WE HAVE EVERYTHING RIGHT IN HERE THAT YOU CAN BE ABLE TO OPERATE YOUR BUSINESS WITH, AND THEN EVERYBODY AROUND YOU CAN BE ABLE TO OPERATE THEIR BUSINESS AS WELL.

I THINK THE KEY IS I NEED THE PROPERTY OWNER TO BE PRESENT IN THAT MEETING.

OKAY.

FAIR ENOUGH.

ALL RIGHT.

LET ME GO AHEAD AND TELL YOU WHAT THIS ITEM, MS. SITA MANAGER THEN.

ALL RIGHT.

OKAY.

SO I DON'T NEED A MOTION TO TABLE, AND WE DO HAVE A MOTION TO TABLE FROM BEN, FOR TIM TO HAVE A SECOND.