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[CALL TO ORDER]

[00:00:06]

IS NOW 6:00, AND I CALL TO ORDER THE PLANNING AND ZONING COMMISSION REGULAR MEETING FOR FEBRUARY 18TH, 2025. WE'LL NOW DO THE INVOCATION AND PLEDGE THE MIKE FROM. FATHER GOD, WE THANK YOU FOR THIS OPPORTUNITY TO GIVE YOU GIVE US TO SERVE THE CITIZENS OF WILEY IN THIS PNC COMMISSION MEETING TONIGHT. PLEASE BE WITH EACH OF US TONIGHT WHILE WE EVALUATE THE PROPOSAL REQUESTS BROUGHT BEFORE US. GIVE US WISDOM AND UNDERSTANDING IN ALL WE DO TONIGHT. WE ASK THIS IN THE NAME OF JESUS OUR LORD. AMEN. AMEN. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. OKAY. UP NEXT ON THE AGENDA IS COMMENTS ON NON-AGENDA ITEMS. IF THERE'S ANYONE IN THE AUDIENCE THAT WOULD LIKE TO COME UP AND SPEAK ON SOMETHING THAT'S NOT ON THE AGENDA TONIGHT, YOU'RE MORE THAN WELCOME TO. AND SINCE NO ONE IS

[CONSENT AGENDA]

COMING UP HERE, WE'LL MOVE ON TO THE CONSENT AGENDA. COMMISSIONERS, IS THERE TWO THERE'S TWO ITEMS ON THE CONSENT AGENDA. IS ANYTHING NEED TO BE REMOVED OR PULLED OFF TO DISCUSS? IF NOT, I'LL ENTERTAIN A MOTION. I MOVE, WE ACCEPT THE CONSENT AGENDA AS PRESENTED. AND A MOTION. I SECOND. WE GOT A SECOND. PLEASE VOTE. AND THAT PASSES 5 TO 0. NEXT UP,

[1. Hold a Public Hearing, consider, and act upon, a recommendation to City Council regarding the writing of an ordinance for a change in zoning from Downtown Historic District (DTH) to Downtown Historic District - Special Use Permit (DTH-SUP) on 0.23 acres to allow for a Smoking Establishment. Property located at 308 N Ballard Avenue (ZC 2025-02). ]

REGULAR AGENDA. ITEM NUMBER ONE. HOLD A PUBLIC HEARING. CONSIDER AND ACT UPON A RECOMMENDATION TO CITY COUNCIL REGARDING THE WRITING OF AN ORDINANCE FOR CHANGE IN ZONING FROM DOWNTOWN HISTORIC DISTRICT TO DOWNTOWN HISTORIC DISTRICT. SPECIAL USE PERMIT. SPECIAL USE PERMIT.

SORRY. DTH SUP ON 0.23 ACRES TO ALLOW FOR SMOKING. ESTABLISHMENT PROPERTY LOCATED AT 308 NORTH BALLARD AVENUE, ZC 2020 502. MR. MOLINA. YES. GOOD EVENING. THE APPLICANT IS REQUESTING A SPECIAL USE PERMIT FOR THE PROPERTY LOCATED AT 308 NORTH BALLARD AVENUE, TO ALLOW FOR SMOKING ESTABLISHMENT. THIS IS FOR A CIGAR LOUNGE. AND THE CONDITIONS DO REQUIRE FOR THEM TO PROVIDE FIVE ON SITE PARKING SPACES. AND IT LIMITS THE USE TO CIGARS ONLY. SO THAT PROHIBITS SMOKING OR VAPING OF OTHER PRODUCTS. ONE THING THAT THE DEVELOPER HAS TOLD ME THEY WANT TO AMEND IN THE CONDITIONS DOCUMENT IS, IS TO ALLOW FOR OUTSIDE SMOKING, AND THEY'RE GOING TO EXPLAIN HOW THEY'RE GOING TO USE THAT SHORTLY AFTER MY PRESENTATION. BUT THEY ARE PLANNING ON HAVING A LOUNGE AREA, A HUMIDOR, A CHARCUTERIE STYLE FOOD, AND THEY ARE GOING TO ALLOW BYOB BEVERAGES FROM THEIR CLIENTS. STAFF HAS CHECKED WITH TABC AND THEY DON'T HAVE ANY STATE LAW PERMITTING REGARDING TO BYOB DRINKS. SO WE DID MAIL OUT NOTICES TO 14 PROPERTY OWNERS AND DID RECEIVE ONE IN FAVOR OF THE REQUEST. AND THAT'S THIS LETTER RIGHT HERE.

THE APPLICANT HAS PREPARED A PRESENTATION THAT THEY WOULD LIKE TO GIVE, AND THEY COULD PROVIDE MORE INFORMATION REGARDING THE OUTSIDE SMOKING AS WELL. OKAY. THANK YOU. I GUESS WE WANT TO MOVE INTO THE PRESENTATION. DO YOU WANT TO GIVE THAT? SURE. ARE. HI. HI AGAIN. MY NAME IS JOSE HERNANDEZ. 3001 KOVAL LANE IN ROCKWALL, TEXAS. AND THE REASON THAT WE'RE HERE AGAIN TODAY IS, FIRST, I WANT TO SAY THANK YOU AGAIN FOR HAVING ME RIGHT HERE.

AND, WELL, IT'S PRETTY MUCH ALMOST THE SAME THING. THE LAST TIME WE DID. THE ONLY CHANGE IS THE ADDRESS. AND WE DON'T HAVE A WE'RE NOT GOING TO SELL ALCOHOL THIS TIME RIGHT THERE. AND WE DON'T WE'RE NOT GOING TO SERVE LIKE A FOOD, ANY FOOD OR SOMETHING LIKE THAT. THE ONLY ONE WE WANT IS THE PEOPLE, THE CUSTOMERS THEY WANT TO BRING A DRINK OR SOMETHING LIKE THAT.

THEY WANT TO DRINK RIGHT THERE, BUT WE'RE NOT GOING TO SELL NOTHING THIS TIME. AND THE ONLY LITTLE CHANGE THAT THAT I WAS THINKING IS ABOUT LIKE A I WOULD LIKE TO MAKE A LITTLE DECKS OUT FRONT THE PROPERTY. SO TO GIVE YOU THE OPPORTUNITY OF THE PEOPLE, HAVE A SEAT RIGHT THERE.

[00:05:05]

RELAX WITH A GOOD ENVIRONMENT ON THE STREET RIGHT THERE. THE SAME THING LIKE THE RESTAURANT NEXT TO ME. HAVE A LITTLE DECKS RIGHT THERE. AND WHAT I DO, LET ME EXPLAIN A LITTLE BIT WHAT I DO IN THE LAW. THE LOCATION IN ROYSE CITY, THE IN DOWNTOWN ROYSE CITY. I HAVE IN THE BACK PART ON THE HOME. IT'S A LITTLE HOUSE LIKE THIS ONE EXACTLY LIKE THAT. AND I HAVE A LITTLE DECKS RIGHT THERE. WHEN THE ONCE A MONTH WE HAVE A LIVE MUSIC. LIKE I SAY, MY WIFE, SHE'S A PROFESSIONAL SINGER AND WE HAVE A LIVE MUSIC RIGHT THERE. AND SOMETIMES WE GOT A GUY WITH THE GUITAR, LIKE A COUNTRY MUSIC KIND OF MUSIC LIKE THAT. AND THE PEOPLE ENJOY THAT TIME JUST TO EXTEND THE HOURS. SOME, YOU KNOW, LIKE 1 P.M, 12 P.M. OR SOMETHING LIKE THAT. ALMOST LIKE GOING TO BE AROUND LIKE A TEN, YOU KNOW, TEN, TEN, 30 MAXIMUM. NO MORE THAN THAT. SO BASICALLY THAT'S WHAT I WOULD LIKE TO DO. AND THAT'S LOCATION. GIVE THE PEOPLE ANOTHER OPTION TO ENJOY THE CITY AND CATCH PEOPLE TO GO TO TOWN. YOU KNOW, MAKE A LIFE PEOPLE, YOU KNOW, I THINK THEY THEY GOING TO LOVE IT. AND IT'S GOING TO BE A REALLY GOOD OPPORTUNITY FOR EVERYBODY FOR EVERYONE THAT I WANT TO GO THERE AND ENJOY THAT MOMENT. THAT'S THE ONLY WHAT I THE ONLY THING WHAT I WOULD LIKE TO DO OVER THERE. IF YOU GIVE ME THAT OPPORTUNITY, IT'S GOING TO BE AMAZING. AND I COMPLETELY SURE THAT'S GOING TO BE SUCCESSFUL FOR EVERYONE. THANK YOU. DID YOU HAVE MORE ON THAT? YEAH. OKAY. HI, I'M ROBERT ALVAREZ. I'M A REAL ESTATE BROKER. I'M HELPING HIM DEVELOP AND GET THIS HIS PROJECT OFF. OFF TO A GOOD START. WE'VE ALREADY OPENED UP TWO OTHER LOCATIONS. WE HAVE ONE IN CITY OF DALLAS. WE HAVE ONE IN ROYSE CITY. THE CITY OF ROYSE CITY ABSOLUTELY ADORES AND LOVES HIS PRODUCT. WHAT HE WAS TALKING ABOUT WAS DOING A PARTY, AND IT'S A GATHERING AND IT'S A SMALL BAND. IT'D BE LIKE 1 OR 2. NORMALLY IT'S LIKE 2 OR 3 PEOPLE. 2 OR 3? YEAH. HIS WIFE SINGS. THERE'S A GUY THAT PLAYS KEYBOARDS, WHATEVER. IT'S KEPT A REALLY LOW, MINIMAL VOLUME, AND IT'S JUST BRINGS A PART OF THE CUBAN ELEMENT THAT HE'S PRESENTING WITH THE CIGARS INTO THE INTO IT. SO THAT'S THE OUTDOOR PART. AND IT'S NORMALLY DONE IN ROYSE CITY. IT'S IN THE BACKYARD HERE, THE BACKYARD. THE DEVELOPER OR THE OWNER OF THE BUILDING IS TALKING ABOUT ACTUALLY BUILDING ANOTHER BUILDING BEHIND IT THAT WOULD WOULD KEEP US FROM DOING IT IN THE BACK. SO BUT IT WAS SOMETHING THAT ONCE A MONTH IT WOULD HAPPEN. THAT'S PRETTY MUCH THE MINIMUM. AND HE DOES KEEP HOURS AND IT'S NORMALLY LIKE AN ANNIVERSARY PARTY. IT'S SOMETHING LIKE THAT. OR HE DOES SOMETHING FOR THE WOUNDED WARRIORS. HE HAS A THEME THAT GOES WITH IT. SO BUT I'M GOING TO RUN THE PRESENTATION. WE HAVE SOME PEOPLE HERE THAT HAVEN'T SEEN THE PRESENTATION BEFORE, AND I MADE A COUPLE LITTLE MODIFICATIONS. OF COURSE, WE ALL KNOW THAT IT'S AT 308 NORTH BALLARD. IT'S IN A SINGLE FAMILY RESIDENCE. WHAT? IT WAS A RESIDENCE NOW, I GUESS A COMMERCIAL BUILDING. SO THAT'S WHERE THE BUILDING IS. IT'S FREE STANDING. THAT WAS A BIG CONCER. THE LAST TIME WAS THAT THE FIRES RUNNING RAMPANT THROUGHOUT, ETCETERA. SO THAT'S WHAT THE CITY COUNCIL, THAT WAS A BIG, BIG ISSUE. SO I DON'T THINK WE HAVE THAT SITUATION HERE IN THIS PARTICULAR ONE. AND THERE'S NO SMELL GETTING INTO OTHER PEOPLE'S BUILDINGS ETC. SO OF COURSE LIKE I SAID, 308 NORTH BALLARD. AND THEN WHAT WE'RE DOING IS WE'RE DOING AN ARTISANAL CIGAR EXPERIENCE. NO OTHER CIGARS BESIDES THE ONES THAT HE HAS ROLLED OR HIS FACTORIES THAT HE OWNS HAVE ROLLED, WILL BE SOLD. THAT'S IT. SO AND LIKE I SAID, IN A FREESTANDING BUILDING, WE'RE GOING TO DO A, A DESTINATION EXPERIENCE. SO WE'RE BRINGING PEOPLE HERE. I GUESS I'LL LEAVE IT UP FOR YOU ALL TO BE ABLE TO REVIEW IT. AND THERE IS GOING TO BE A UNIQUE SMOKING LOUNGE AND A STATE OF THE ART AIR FILTRATION. PLUS HE ACTUALLY SITS DOWN AND ROLLS. THIS IS HIS LEGACY IN WHAT HE'S DONE. HE'S A THIRD GENERATION CIGAR ROLLER HIS GRANDFATHER SHOWED HIM WHEN HE WAS JUST STARTED SHOWING HIM WHEN HE WAS TEN YEARS OLD IN CUBA. SO YOU SEEING SOME OF THIS TO THE STORY? HE WAS ACTUALLY A MEDICAL SCHOOL WHEN HE GOT THE OPPORTUNITY TO ESCAPE CUBA.

LET'S SEE, HE ARRIVED IN AMERICA AND HE ROLLED THE CIGARS EVERY OPPORTUNITY HE HAD FOR BIRTHDAYS, SPECIAL EVENTS, WEDDING RECEPTIONS, HE STILL DOES ALL THAT. AND A LOT OF TIMES YOU'LL FIND THEM AT A GUN SHOW, ROLLING AT A GUN, AT A GUN SHOW, SELLING CIGARS. I WAS THE LAST AND THE LAST GUN SHOWS IN FORT WORTH. THERE'S THE LAST WEEKEND, AND IT WAS CRAZY. AFTER I, I'VE BEEN DOING THE GUN SHOW FOR ALMOST EIGHT YEARS, AND I STOPPED A LITTLE BIT TO IN CHARGE, LIKE TO DO A IN CHARGE MORE LIKE A SPEND MORE TIME IN MY SHOP BECAUSE I WANT TO GROW IN THE IN THE LAST WEEKEND I WAS THERE AFTER ALMOST LIKE A TWO AND A HALF YEAR, I BACK AGAIN TO THE GUN SHOW AND IT WAS AMAZING TO SEE OLD CUSTOMERS AND TO PROMOTE THIS LOCATION, YOU KNOW, SO THAT'S A BIG POINT RIGHT THERE. THEY'RE GOING TO HAVE A LOT OF CUSTOMERS. THEY LOVE THIS

[00:10:04]

IDEA. AND WE BE HAPPY LIKE, YOU KNOW TO OPEN ANOTHER LOCATION AND THIS TIME AND HE'S GOT A MAIL ORDER BUSINESS. THAT'S HUGE. I MEAN HE LITERALLY IS FILLING THE BACK OF HIS CAR ALMOST DAILY, SHIPPING THEM OUT ALL OVER THE UNITED STATES. YOU'LL SEE SOME OF THE PEOPLE THAT ARE SMOKING THEM IN DUBAI IN A FEW MINUTES. SO ROYSE CITY, WHEN WE SAW THE LOCATION, THE FIRST LOCATION, WE REALLY LOVED IT. WE THOUGHT IT WOULD WORK REALLY WELL. HE'S DROPPED THE FOOD AND RESTAURANT ELEMENTS OUT OF IT BECAUSE HE JUST DOESN'T FEEL HE'S GOING TO HAVE THAT FOOT TRAFFIC. IT'S TOO FAR OFF THE OFF THE BEATEN PATH. LET'S SEE. YOU CAN SEE SOME OF THE CIGARS AND THEY ARE WORLD CLASS. WE'LL GO OVER A LITTLE BIT MORE OF THAT. THE AIR FILTRATION. HE HAS THE HAND STAT THAT WE'VE SPOKEN ABOUT BEFORE. AND THE RABBIT AIR WALL MOUNTED SIX STAGE FILTRATION SYSTEMS. THERE'S A LANDLORD RECOMMENDATION LETTER. THIS IS FROM DAVID LLOYD. DAVID LAURIE, HIS LANDLORD IN IN ROYSE CITY. AND DAVID HAS BECOME A REALLY GOOD FRIEND. HE'S AN AVID CIGAR SMOKER, LOVES THE PRODUCT. FROM THE FIRST TIME WE TALKED TO HIM, HE WAS LIKE, YES, LET'S GO. PRETTY MUCH. IT'S PRETTY SIMILAR TO WHAT WE HAVE RIGHT NOW WITH THE NEW, THE NEW, THE NEW LANDLORD AT THIS LOCATION. WHY SHOULD WE APPROVE THIS? BECAUSE IT'S GOING TO BOOST THE LOCAL ECONOMY BY ATTRACTING TOURISM AND CREATING JOBS. IT REALLY IS A DESTINATION. WE'RE GOING TO GET COMMUNITY ENGAGEMENT. LIKE I SAID, HE DOES WOUNDED WARRIOR PROJECTS. HE WANTS TO BE PART OF THIS CULTURE, OF THIS DOWNTOWN. THE FEEL IS WHAT HE'S LOOKING FOR. WE'RE GOING TO MAINTAIN A SAFE ENVIRONMENT. WE DON'T SELL ANYTHING BESIDES CIGARS. I SAY WE, NOT ME. HE DOESN'T SELL ANYTHING BESIDES CIGARS. IT'S GOING TO BE CULTURAL ENRICHMENT.

WE'RE GOING TO ENRICH THE CULTURE. SO WE WE'D LIKE YOU ALL TO, YOU KNOW, TO WE WANT TO ESTABLISH ON AN ONLINE OR ON PREMISE CONSUMPTION OF THE CIGARS AND TRUST OUR COMMITMENT THAT HE'S GOING TO DO WHAT HE SAYS HE'S GOING TO DO, HIS DEDICATION TO SAFETY AND COMPLIANCE. SO PLEASE JOIN US. MAKE IT A POSITIVE IMPACT ON THE CITY. I THINK IT WILL BE SOMETHING THAT WILL BE REALLY GOOD AND BENEFICIAL FOR THE CITY. THANK YOU. Y'ALL HAVE ANY QUESTIONS? THANK YOU. SO YOU ARE NOT DOING FOOD NOW. YOU SAID NO, I'M NOT GOING TO SELL LIKE NOTHING LIKE A FOOD I DON'T WANT TO. I THINK THAT'S LOCATION IS NOT NECESSARY TO SELL FOOD, ALCOHOL SOMETHING LIKE THAT. JUST SIMPLE CIGARS YOU KNOW, SOMETHING LIKE THAT. IF YOU WANT TO BRING SOME YOU, YOU DRINK OR SOMETHING LIKE THAT, YOU CAN HAVE IT. HAVE A SEAT. BRING, YOU KNOW, SMALL CIGARS, BUT NOTHING LIKE THAT. I'M NOT REALLY SURE. EXCUSE ME, MR. BELLER. THAT WHY THAT ENDED UP BACK IN IT? I DON'T I'M NOT SURE WHY. OKAY, I, I DON'T HAVE A PROBLEM WITH. I JUST TRYING TO GET CLARIFICATION, I GUESS. YEAH, BUT IT'S JUST GOING TO BE RETAIL SALES OF CIGARS, THE WHOLESALE SALE AND THE ON SITE CONSUMPTION THAT A LOT OF PEOPLE THAT WHEN YOU BUY A CIGAR YOU WANT TO TRY IT, YOU WANT TO SMOKE IT. YOU WANT TO BE WITH OTHER CIGAR SMOKERS OR OTHER AFICIONADOS. YEAH. THE ONLY OTHER ONE, OBVIOUSLY, YOU BROUGHT UP WANTING TO CHANGE THE REQUEST TO DO HAVE SMOKING OUTSIDE, I GUESS SPECIFICALLY IN THE FRONT. AND Y'ALL SAID WHAT WAS THE REASON, NOT WANTING TO DO IT IN THE BACK OR COULDN'T DO IT IN THE BACK? THE OWNER HAS SAID THAT HE HAS PLANS OF BUILDING NOT GOING TO HAVE IT. HE'S BEEN TALKING ABOUT BUILDING OTHER BUILDINGS IN THE BACK. YEAH, I DON'T KNOW HOW AND IF NOT, IT COULD BE FENCED IN.

WE CAN DO IT IN THE BACK. THAT'S THAT WOULD BE, YOU KNOW, OUR PREFERENCE. BUT YOU CAN LOOK I THINK IS IT WHAT'S THE MEXICAN RESTAURANT NEXT TO IT OR LIKE ONE DOOR OVER. YEAH. FRANKIE'S.

FRANKIE'S. YEAH. AND I'M, I'M JUST. I'M STILL THINKING ABOUT THIS. I GUESS I'LL GIVE YOU MY FIRST INITIAL THOUGHT IS LIKE, IF YOU TOOK A GROUP OF PEOPLE AND YOU SAID, YOU WALK BY FRANKIE'S AND YOU SAW MEXICAN FOOD, THERE'S GOING TO BE A MAJORITY OF THOSE PEOPLE THAT ENJOY THAT, RIGHT? AND THEN YOU WALK BY AND THERE'S A CIGAR FIESTA GOING ON, YOU KNOW, A CONCERT. SOME PEOPLE MAY NOT ENJOY THAT. AND THAT'S A MAJOR, YOU KNOW, A THOROUGHFARE WHERE PEOPLE ARE WALKING. THAT'S MY ONLY THOUGHT. I DON'T I'M NOT SAYING THAT I'M AGAINST IT AT THIS POINT. I JUST THAT'S WHY THE BACK PART MAY MAKE MORE SENSE TO NOT JUST MYSELF, BUT MAYBE I DON'T KNOW IF OTHER THAT WOULD BE OUR PREFERENCE. WOULD YOU NOT SAY? YEAH, BUT TO BE HONEST WITH YOU, I HAVE TO BE VERY CLEAR. YOU HAVE TO DO A BACKSIDE. I'M JUST GOING TO TRY.

I'M GOING TO DO A BACK END ON THE BACK PART, BUT I PREFER TO IN THE FRONT BECAUSE IT'S THE STREET. FOR EXAMPLE, LIKE YOU SAID, PEOPLE GO TO A RESTAURANT, YOU KNOW, TAKE A DINNER OR SOMETHING LIKE THAT, AND THEY LOOK AT THAT. THAT'S A SPACE RIGHT THERE. YOU KNOW, IT'S

[00:15:02]

GOING TO BE I TOTALLY UNDERSTAND. I'M JUST TRYING TO THINK OF IT FROM A EVERYBODY SURROUNDING. AND SOME PEOPLE MAY NOT ENJOY THAT AS MUCH AS MYSELF WALKING BY THERE. RIGHT. SO I'M JUST. THE COMMISSIONERS MAY HAVE OTHER COMMENTS. I'M JUST JUST THINKING OUT LOUD SO I'LL LET OTHER PEOPLE TALK. IT'S NOT A CONCERT PER SE. I DIDN'T THAT'S NOT. YEAH. I'M SORRY, THERE'S NO QPR. I THAT'S REALLY NOT THAT MUCH. IT'S MORE OF THE JUST CIGAR SMOKING OUTSIDE. RIGHT.

AND IT'S GOING TO BE A PART WHERE OTHER PEOPLE ARE WALKING BY. AND THAT COULD BE A THING THAT SOME PEOPLE DON'T LIKE. SO I'LL. OTHER COMMISSIONERS MAY HAVE OTHER QUESTIONS FOR YOU. SO I'LL THANK YOU, MR. BUTLER. COMMISSIONER BUTLER. YEAH. I HAVE A COUPLE QUESTIONS. FIRST ONE IS WHAT ARE THE TWO PROPERTIES TO THE NORTH OF THE BUILDING THAT YOU'RE LOOKING AT, THE TWO PROPERTIES TO THE NORTH OF US. YEAH, I BELIEVE THERE'S YEAH, IT'S MINE. IT'S AN AIRBNB.

YEAH. AND IT'S. IS THE DENTIST OFFICE STILL THERE? NO. OKAY. IT'S TWO DIFFERENT PROPERTIES.

THERE'S TWO DIFFERENT. YEAH. YEAH, THERE'S ONE IN RIALTO. SOMETHING THERE. WE'RE THE FIRST HOUSE. JUST WAIT. JUST GIVE ME ONE SECOND. YEAH I THOUGHT THERE WAS ONE, TWO AND THREE, BUT MAYBE NOT. YEAH. NO, THERE'S TWO PROPERTIES ON THE NORTH SIDE, AND I GUESS ONE OF THEM IS NOW A REALTOR'S OFFICE. IT WAS IT WAS ORIGINALLY DEVELOPED AS A DENTAL OFFICE WAY A WHILE BACK. BUT YEAH, I GUESS IT'S A REALTOR'S OFFICE. AND THEN THEY HAVE THE AIRBNB NEXT DOOR, SO. YEAH, COMMISSIONER SCRUGGS ME IN IN ROYSE CITY HAS THE SAME SITUATION. HE HAS A HOUSE. THEN THERE'S SOMEBODY THAT LIVES NEXT DOOR. ACTUALLY, YOU HAVE TWO NEIGHBORS THAT LIVE NEXT DOOR.

HE HAS THEM. NOBODY'S EVER COMPLAINED. HE HASN'T HAD ANY PROBLEMS WITH THAT. AND WE CAN EVEN GO TO THEM AND SAY, HEY, CAN YOU PROVIDE A LETTER TO SHOW THE COMMISSION? WHAT? YOU KNOW, WHAT WE WHAT WE'RE DOING? AND HAVE YOU ALL EVER HAD ANY PROBLEMS WITH THEM? IF YOU LOOK, YOU CAN PICK UP THE PHONE AND CALL AND YOU'LL SEE THAT EVERYBODY THINKS HE'S ABSOLUTELY NEIGHBORLY AND THEY'RE VERY HAPPY THAT HE'S THERE. HE HASN'T HAD ANY, BUT HE HAS TWO PEOPLE THAT LIVE THERE AND HE HAS NEVER HAD ANY PROBLEMS AT ALL. RIGHT. AND DOES FRANKIE DOESN'T ALLOW OUTSIDE SMOKING DUTY ON THEIR PATIO. I'M GOING TO SAY NO OFF THE TOP OF MY HEAD, BUT I'M NOT 100% SURE. AND THE REASON I SAY NO IS BECAUSE THEY AS FAR AS I KNOW, THEY'VE NEVER PULLED A BUILDING PERMIT FOR FILTRATION AND ALL OF THAT. SO I DON'T THINK THERE IS ANY SMOKING OUT THERE, BUT I CAN'T BE 100% SURE ON THAT. ANY OTHER I'M GOING TO I'M GOING TO SAY THAT IF YOU IF WE DO PASS IT AND YOU DO DO THE OUTSIDE, I WOULD GET WITH GLEN ECHO BECAUSE THE HISTORY OF GLEN ECHO BREWING, THE HISTORY COMMISSION PUT A STRICT THING ON WHEN YOU HAD TO STOP THE MUSIC.

RIGHT. SO THERE WAS A BIG DEAL ON THAT. OKAY. SO I WAS GOING TO ADDRESS THAT. IF WE'RE TALKING ABOUT THAT, THERE'S TWO THINGS THAT WOULD HAVE TO HAPPEN IS ONE, THIS COMMISSION COULD NOT APPROVE ANY KIND OF THE PATIO OR ANYTHING LIKE THAT. THAT HAS TO GO TO THE HISTORIC COMMISSION FOR RECOMMENDATION, AND THEN THAT GOES TO COUNCIL, BECAUSE THIS IS IN THAT IN THE DOWNTOWN HISTORIC DISTRICT. AND AS FAR AS ANY OF THE MUSIC PLAYING, SORT OF LIKE THAT, THAT COULD BE OF A RECOMMENDATION FROM THIS PARTICULAR COMMISSION, LIKE ON HOURS OF OPERATION AND THAT SORT OF THING. BECAUSE WE DO HAVE A NOISE ORDINANCE IN THE CITY THAT I WOULD ASSUME WE'D STILL WANT TO FOLLOW. AND THEN ONE OF THE CONDITIONS, IF YOU DECIDE TO ALLOW THAT WOULD BE I WOULD RECOMMEND HOURS OF OPERATION, YOU KNOW, OR HOURS THAT THAT COULD BE OUT THERE, THAT SORT OF THING. I THINK IT'D BE EASIER JUST TO, IF WE'RE GOING TO RECOMMEND THE HOURS IS TO MAKE IT MATCH GLEN ECHO'S HOURS. ANY OTHER COMMENTS OR QUESTIONS OR WHATNOT BEFORE I OPEN THE PUBLIC HEARING PORTION? OKAY. WELL, I'M GOING TO OPEN UP THE PUBLIC HEARING PORTION AND THEN WE MAY HAVE MORE QUESTIONS FOR YOU. SO OKAY, AT THIS TIME I'M GOING TO OPEN UP THE PUBLIC HEARING PORTION OF THIS ITEM. IF THERE'S SOMEONE FROM THE PUBLIC THAT WOULD LIKE TO COME UP AND SPEAK ON THE ITEM, YOU'RE MORE THAN WELCOME TO. I JUST ASK THAT YOU GET A PUBLIC COMMENT FORM FROM MISS GABBY DOWN THERE. YOU CAN FILL IT OUT AFTER, AND THEN WHEN YOU'RE AT THE DAIS, JUST SAY YOUR. SAY. STATE YOUR NAME AND ADDRESS. FOR THE RECORD, MY NAME IS GINA RODRIGUEZ AND WE OWN 310 NORTH BALLARD. SO IT'S THE HOUSE DIRECTLY NEXT DOOR. WE'RE NOT OPPOSED TO HAVING A CIGAR SHOP NEXT DOOR. I JUST WANT TO KNOW A LITTLE BIT MORE. YOU ADDRESSED SOME OF THE CONCERNS THAT WE

[00:20:07]

HAVE, BUT HAVING TO DO WITH PARKING AND HAVING TO DO WITH THE SMOKING OUTSIDE MUSIC. ALSO, I WAS THAT THOSE WERE OUR CONCERNS. AN AIRBNB. WE HAVE PEOPLE THAT YOU KNOW ARE STAYING THERE AND PROBABLY DON'T WANT TO HEAR MUSIC AND THINGS LIKE THAT AFTER, I WOULD SAY 10:00 OR WHATEVER THE CITY ORDINANCE IS. SO THOSE THOSE ARE OUR ONLY CONCERNS. JUST MAKING SURE OF THOSE THINGS. SO I DON'T KNOW IF WE HAVE AN OPPORTUNITY TO ASK HIM THOSE QUESTIONS OR ADDRESS THEM FURTHER. THANK YOU. YEAH. I MEAN THAT'S WE'RE GOING TO WE'RE GOING TO THIS GETS APPROVED. I WOULD THINK THAT THERE'S PROBABLY GOING TO BE ONE OF US RECOMMENDING SOME LIMITS TO THOSE THINGS. SO YEAH, THAT'S WE'RE ON THE SAME PAGE THERE. OKAY. OKAY. YEAH. THOSE THAT THAT WAS MY ONLY QUESTION OKAY OKAY I APPRECIATE IT. ANYBODY ELSE IN THE AUDIENCE THAT WOULD LIKE TO SPEAK ON THIS ITEM. IF NOT I'M GOING TO CLOSE THE PUBLIC HEARING. OKAY. PUBLIC HEARING PORTION IS NOW CLOSED. SO COMMISSIONERS I. THINK I LIKE SOME OF Y'ALL'S COMMENTS FROM THE PUBLIC TOO. I THINK I WOULD BE MORE OPEN TO IT BEING IN THE BACK. AND THEN BEYOND THAT, I GUESS I'LL HAVE. JASON, I HAVE A QUESTION FOR YOU BECAUSE YOU MENTIONED ABOUT DOING THAT. CAN WE EVEN APPROVE THAT OR THAT'S SOMETHING YOU'RE SAYING THAT WE COULDN'T EVEN. WHAT ARE YOU TALKING ABOUT, THE ALLOWING SMOKING IN THE BACK, OR WOULD WE JUST BE APPROVING THE CONDITION TO ALLOW FOR IT, BUT THEY'D STILL NEED. YES, YOU WOULD BE. YOU WOULD MAKE A RECOMMENDATION TO COUNCIL ABOUT IF IT WAS OUTSIDE, IT WOULD HAVE TO BE IN THE BACK. BUT THE HE YOU KNOW, THE, THE APPLICANT MENTIONED BUILDING A DECK AND ALL OF THAT. THAT IS NOT THAT PART OF IT IS NOT. SO YES. IT WOULD JUST BE THE CONDITION OF ALLOWING THE OUTSIDE SMOKING. GOTCHA. AND LIMITING IT TO THE BACK OF THE PROPERTY. IF THAT'S IF THAT WAS THE COMMISSION'S CHOICE, THE ACTUAL CONSTRUCTION OF ANYTHING WOULD GO TO HRC. NOW I UNDERSTAND. OKAY. THANK YOU.

YOU'RE WELCOME. YEAH. I THINK THAT'S WHERE MY HEAD LIES IS MORE THE BACK PART. I'M SORRY.

WELL, LIKE JASON SAID, THE CONSTRUCTION PART, BUT THAT'S WHERE I WOULD WANT IT LIMITED, I THINK. AND THEN BEYOND THAT, LIKE Y'ALL BROUGHT UP THE LIMITING OF THE HOURS I.

OBVIOUSLY OPEN TO IDEAS ON THAT. I DON'T KNOW IF I WOULDN'T WANT IT TOO LATE BECAUSE THEY DO HAVE AN AIRBNB, AND I THINK, I DON'T KNOW THE NOISE REGULATION OFF THE TOP OF MY HEAD. OKAY, SO WITH THE MUSIC THAT HAS BEEN MENTIONED THERE, THE LIVE MUSIC, IS THAT INTENDED TO BE OUTSIDE, INSIDE A MIX OF BOTH BECAUSE THE I THINK THE OUTSIDE ANSWER THAT. I RETURN ON THE MICROPHONE. SIR.

SORRY ABOUT THAT. IT'S A BUTTON RIGHT NEXT TO THE MICROPHONE. SORRY, I DON'T MEAN TO INTERRUPT YOU. SORRY. WHAT I DO IN ROYSE CITY IS OUTSIDE. YOU KNOW, I HAVE A PORCH ON THE BACK PART RIGHT THERE ON THE HOME, AND IT'S OUTSIDE. AND LIKE I SAY, I'M NOT GOING TO SPEND THE HOURS, FOR EXAMPLE, WHEN I DO IN THE CITY IS THE FIRST FRIDAY OF EVERY MONTH, ALMOST EVERY MONTH.

IT'S NOT NECESSARILY, YOU KNOW, EVERY MONTH, YOU KNOW, I HAVE TO DO SOMETHING LIKE THAT. BUT WHEN I DO LIKE LIVE MUSIC, IT'S GOING TO BE JUST TWO HOURS. FOR EXAMPLE, FROM 730 TO 9 30 TO 10 MAXIMUM, YOU KNOW, AND LIKE THAT, YOU KNOW, AND AFTER THAT THE PEOPLE STAY A LITTLE BIT RIGHT THERE, YOU KNOW, AND AFTER THAT THEY'RE GONE. BUT ALMOST THE TIME IT'S LIKE THAT. AND THAT'S SOMETHING LIKE I'M GOING TO STAND THERE LIKE AT 12:01 P.M. NO. OKAY. YOU KNOW, SO YEAH, I JUST WANTED TO ASK FOR CLARIFICATION SINCE THE I THINK THE ORDINANCE ONLY APPLIES TO OUTDOOR MUSIC VERSUS INSIDE. SO AS FAR AS JUST NOISE GENERALLY GOES, THE CITY HAS A NOISE NOISE ORDINANCE THAT THERE'S A DECIBEL LEVEL THAT RUNS FROM 7 A.M. TO 7 P.M. DURING THE DAY. I'M SORRY.

DUH, 7 P.M. TO 7 A.M. DURING THE DAY. THEY'RE 7 A.M. TO 7 P.M, WHICH IS THE DAY LEVEL. AND THEN THERE'S A NIGHT LEVEL FROM 7 P.M. TO 7 A.M. SO IF YOU KNOW THAT'S JUST A GENERAL GUIDELINE,

[00:25:04]

IF YOU WANTED IT, ANYTHING DIFFERENT, LIKE IF THEY WANTED TO RUN IT A LITTLE HIGHER BECAUSE IT'S ONLY 55DB AT THE PROPERTY LINE, WHICH THEY PROBABLY EXCEED AT NIGHT, THEN YOU'D WANT TO DECIDE ON WHAT TIME THAT THAT NEEDED TO CEASE BY, AND THAT WOULD BE A PIECE THAT WE COULD PUT INTO THE RECOMMENDATION FOR THIS. YOU SURE CAN. OKAY. YES, SIR. AS LONG I DO KNOW, JASON, WE HAMMERED THIS OUT WITH GLEN ECHO BACK WHEN I WAS IN THE HISTORY HSC. AND I THINK IF I THINK HRC IS GOING TO WANT TO STICK TO THAT BECAUSE WE HAMMERED IT OUT HARD WITH GLEN ECHO. SO IF WE IT WOULD BE A LOT EASIER TO HAVE IT AS THE SAME REQUIREMENT. AND I DON'T REMEMBER WHAT THAT IS ABOUT TO SAY. I THINK WE IT WAS A TIME LIMIT THAT THEY HAD, WHATEVER THAT IS. NOT JUST. YEAH. SO I'M SEEING IT AS 8 A.M. TO 9 P.M, MONDAY TO THURSDAY, THEN THEN 10 A.M. TO MIDNIGHT, FRIDAY TO SUNDAY. THAT'S WHAT GLEN ECHO HAD. YEAH. SO IT WAS IT WAS INTENSE THAT THAT DISCUSSION. NOW, THAT BEING SAID, I DON'T WANT TO CRIMP, YOU KNOW, BUT GLEN ECHO IS A LITTLE BIT MORE ISOLATED THAN THIS BUILDING IS. SO I'M NOT SURE MIDNIGHT IS APPROPRIATE FOR NOW. FRIDAY, SATURDAY I WOULDN'T SUPPORT MIDNIGHT. SO. I MEAN, I AGAIN, I'M JUST THROWING OUT SOME IDEAS. I WOULD BE MORE. I'M FINE WITH PUTTING WORDING IN THAT GOES OVER THE DECIBEL LIMIT FOR TO ALLOW THEM TO HAVE THESE THINGS ON THE BACK PORTION. BUT.

I MEAN, IT WOULD PROBABLY HAVE TO BE SOMETHING LIKE 9 OR 10:00. I MEAN, BECAUSE THERE IS AND I'LL TELL YOU WHY. I MEAN, IT'S JUST NOT JUST THAT AIRBNB, BUT THERE IS STUFF. IT'S STILL SOMEWHAT OF A. PSEUDO RESIDENTIAL AREA. WHAT'S THAT? YEAH, I WAS JUST GOING TO SAY THAT KEEP IN MIND THAT DOWNTOWN IS BOTH RESIDENTIAL AND COMMERCIAL, AND JUST BECAUSE IT'S AN AIRBNB TODAY DOESN'T MEAN SOMEBODY'S NOT GOING TO BE LIVING THERE TOMORROW. YOU KNOW? I MEAN, THAT'S OBVIOUSLY UP TO THE WELL, THE LADY WHO CAME UP AND SPOKE. BUT THE OTHER THING, I'M LOOKING AT A GOOGLE MAPS RIGHT NOW AND IT'S A DIRECT SHOT. THERE'S THAT CHURCH, BUT THERE'S ALSO THAT NEXT STREET OVER HIS HOUSES. AND SO IF ANYTHING, WE'RE JUST TRYING TO NOT CREATE A PROBLEM FOR THEM THAT ENDS UP BEING A PROBLEM FOR Y'ALL WHEN Y'ALL ARE TRYING TO DO IT. AND. SO, YEAH, WHAT ARE YOUR WHAT ARE YOUR HOURS OF OPERATION GOING TO BE WHEN YOU'RE IN FULL? I, I'M THINKING TO OPEN 1030. 1030 IN THE MORNING. YEAH. AND THAT'S WHAT I HAVE IN ROYSE CITY IN DALLAS. I OPEN 1030 THE TIME TO TIME. YEAH. 1030 AROUND. I HAVE TO CHECK. YOU KNOW, HOW IT'S MOVING THE TRAFFIC RIGHT HERE. BUT I'M NOT GOING TO STAND AROUND LIKE A MORE THAN 8:00 PM AROUND, LIKE AT 10:38 P.M, MAXIMUM NIGHT, MAYBE 9 OR 10. AND MAYBE IN THE IN THE WEEKENDS, YOU KNOW, AND I CLOSE SUNDAY AND MONDAY. THAT'S WHAT I CLOSE AND ROYSE CITY AND DALLAS SUNDAY AND MONDAY. I DON'T KNOW HOW THE TRAFFIC RIGHT HERE BUT IT'S GOING TO BE AROUND THERE. I'M NOT GOING TO STAY IN A LOT OF HOURS LIKE IT LATE OR SOMETHING LIKE THAT. NO, THAT'S NOT GOING TO HAPPEN. SO YOU'RE PLANNING ON CLOSING SOMEWHERE, YOUR BUSINESS DOWN AT NIGHT? SOMEWHERE IN THE NEIGHBORHOOD AT 10 P.M? YEAH. THAT'S CORRECT. NOT NO MORE THAN 10 P.M.

MAXIMUM? I DON'T THINK SO. I'M NOT GOING TO OPEN, LIKE A 10:10 P.M. CLOSES AT NINE ANYWAYS.

YEAH, I HAVE TO CHECK IT OUT, YOU KNOW, FIRST, BUT TO 100% SURE I'M NOT GOING TO BE AROUND LIKE AT TEN. SOMETHING LIKE THAT. NO. BUT THAT'S WHAT YOU'RE SHOOTING FOR. THAT'S. YEAH, THAT'S CORRECT. AND THAT'S WHAT I'M DOING. BOTH. AND BOTH THE CITY AND THE DALLAS. WE'RE NOT CONCERNED ABOUT ROYSE CITY. WE'RE JUST CONCERNED ABOUT WILEY. YEAH. YEAH, BUT I UNDERSTAND I UNDERSTAND. OKAY. THANK YOU. YEAH. SORRY. WHAT I THINK IS I WANT TO I WANT TO HAVE THE ALMOST THE SAME HOUR, YOU KNOW, YOU KNOW, PEOPLE KNOW EDUCATE THE PEOPLE THAT I OPEN THIS TIME. I CLOSED THIS TIME. LET'S SEE. AND ALL THE TREE SHOP. WHAT ARE. I GUESS MY ONLY THOUGHT IS I'M NOT A SOUND ENGINEER. AND SO IT'S HARD FOR ME. LIKE, WHAT WOULD I GUESS IN TERMS OF CONDITIONS, WORDING IS IT, HEY, YOU CAN EXCEED THIS AND THEN THEY CAN JUST EXCEED IT. OR

[00:30:03]

IS IT. YEAH, I THINK THAT'S THE BEST THING TO DO. I THINK TRYING TO PUT A NUMBER ON IT, IT'S GOING TO BE ALMOST IMPOSSIBLE. WELL, IT'D JUST BE LIKE IF YOU'RE GOING TO HAVE, YOU KNOW, A BAND THAT'S GOING TO PLAY OUTSIDE, THEY CAN PLAY FROM, YOU KNOW, THIS TIME TO THIS TIME, YOU KNOW, FRIDAY AND SATURDAY FROM 7 TO 9 P.M. OR SOMETHING LIKE THAT, YOU KNOW? YEAH. NOW WHERE I, MY MIND GOES IN THOSE TYPE OF THINGS IS I'M TRYING TO ENVISION Y'ALL'S MUSIC, AND I DON'T KNOW WHAT THAT SOUNDS LIKE, I GUESS. DO YOU KNOW WHAT SALSA. MERENGUE? NO, I KNOW THAT. I MEAN, IN GENERAL Y'ALL'S HOW LOUD IT IS. SO YOU'RE PROBABLY LOUDER THAN MOST OF WHAT RIGHT NOW. YEAH, I'M BEING SERIOUS. IT'S PRETTY. IT'S PRETTY TAME. THE IT'S DEFINITELY NOT. IT'S NOT A NIGHTCLUB SITUATION. I OWN NIGHTCLUBS, I CAN PROMISE YOU IT'S PROBABLY 80, 85DB SOMEWHERE IN THERE. THE. IT'S PRETTY QUIET. I MEAN, YOU COULD ACTUALLY SIT THERE LIKE, AND HAVE A CONVERSATION. IT'S JUST SOMETHING YOU HAVE VIDEO. YEAH, I HAVE SOME, YOU KNOW, IT'S I WANT SOMETHING LIKE A JUST FOR THE ENVIRONMENT. IT'S NOT SOMETHING LIKE I SAID, YOU KNOW PEOPLE RELAX EVEN WHEN YOU'RE GOING TO SMOKE THE CIGAR, YOU NEED SOMEBODY DANCING I AGREE, YOU KNOW I AGREE. SO IS IT A BAND OR IS IT JUST MUSIC PLAYING. IT'S A THREE PIECE THING. SO YOU'LL HAVE WHAT IS IT CONSIST OF. IT'S NOT A IT'S NOT A ACTUALLY BAND. SOMETIMES I GOTTA USE ONE GUY WITH THE GUITAR OR SOMETHING LIKE THAT. THAT'S PRETTY MUCH LIKE THAT.

AND SOMETIMES I GOT A GUY, YOU KNOW, WITH THE GUITAR AND I HAVE ANOTHER ONE. I SING IT, YOU KNOW, SO 2 OR 3 PEOPLE MAXIMUM. BUT THERE'S SOMETHING LIKE A FOR RELAX, YOU KNOW, SOMETHING LIKE A LIKE DRUM NOISE OR SOMETHING LIKE THAT. NO, IT'S NOT LIKE THAT. NO, THERE'S NOT A DRUM KIT. NO, NO I JUST YEAH. NO I'M JUST TELLING YOU. SO THEY'LL HAVE A KEYBOARD. THEY'LL HAVE THE PERCUSSION. YEAH. OKAY. AND THEY'LL PLAY SOME KEYBOARDS AND THEY'LL SING OVER IT. HE'S GOT VIDEO THAT WE COULD. I'M NOT SURE HOW WE WOULD PRESENT THAT. DO YOU. IT'S FINE. I JUST AGAIN, JUST TRYING TO UNDERSTAND BECAUSE WE GOT TO MAKE A RECOMMENDATION HERE THAT RIGHT.

SO JUST THROWING THIS OUT THERE A VACUUM CLEANER FROM ONE METER IS 70 AND CURBSIDE FROM A ROAD IS 80. SO IF YOU KEPT IT UNDER 80, I MEAN, IF YOU WANTED TO THROW A NUMBER ON IT, YOU COULD SAY NO LOUDER THAN 80, BECAUSE THAT WAY IT WOULD KEEP IT WHERE IT'S NO LOUDER THAN THE TRAFFIC THAT'S ALREADY ON. BROWN AND BALLAD. YEAH. TO THE CURB, I THINK. IS THAT WHAT YOU THINK? I THINK I'M LEANING MORE TOWARDS THAT. NOT TO NOT. IT'S NOT ANYTHING THAT I AGREE WITH EVERYTHING YOU'RE SAYING AND BELIEVE WHAT YOU'RE SAYING, I JUST DON'T WE DON'T WANT TO DO IS KIND OF GIVE A BLANKET THING AND THEN SOMETHING ELSE CHANGES, AND THEN IT'S HARDER FOR THAT.

AND METALLICA SHOWS UP FOR THEIR CONCERT. SO YOU'RE TALKING WHAT YOU'RE TALKING ABOUT, LIKE BACKGROUND MUSIC. SO I WOULD SAY IT'S A LITTLE MORE FOREGROUND, BUT IT'S NOT. IT'S SOMETHING THAT YOU'RE ACTUALLY YOU CAN TALK LIKE WE'RE ALL TALKING RIGHT NOW. THAT WOULD BE I WOULD, I WOULD CONSIDER BACKGROUND MUSIC. A LOT OF RESTAURANTS GET A LOT LOUDER INSIDE THAN WHAT WE WOULD BE AT HOME. EVERYONE WEARS A VERY LOUD JEFF GERMANS. ANY OTHER QUESTIONS FOR THAT? IT'S NOT ACOUSTIC, BUT IT'S CLOSE TO BEING ACOUSTIC. OKAY. SO I MEAN IT'S GOT THERE IS SOME PA BACKUP, BUT THEY'RE NOT BRINGING A LINE ARRAY IN LIKE YOU WOULD.

YOU KNOW, THIS IS LIKE SMALL LITTLE, YOU KNOW, PORTABLE SPEAKERS THAT THEY'RE BRINGING IN. YEAH. THAT'S WHAT I USE IS MORE LIKE A LOT OF BOSSES SPEAKERS OR SOMETHING LIKE THAT.

YOU KNOW, IT'S NOT SOMETHING LIKE A OKAY, ANY OTHER QUESTIONS FOR THE APPLICANT WHILE THEY'RE UP HERE? I GOT ONE MORE. WHEN YOU HOLD THESE EVENTS AROUND, HOW MANY PEOPLE ARE USUALLY OUT THERE ATTENDING THIS SMOKING CIGARETTES. YEAH. FOR WHEN I HAVE HER. YEAH, WHEN I HAVE HER A PARTY LIKE THAT, I GOT ALMOST LIKE A MAYBE LIKE 15, 20 PEOPLE, SOMETHING LIKE THAT. TEN, YOU KNOW, IT'S SOMETHING LIKE A VERY SMALL GROUP, YOU KNOW, IT'S NOT 100 PEOPLE RIGHT THERE. YOU KNOW, BECAUSE WE DON'T I DON'T HAVE THE ROOM FOR THAT. IT'S AROUND 15, 20 PEOPLE. HAVE A SEAT. RELAX FRIENDS. SOMETHING LIKE THAT. THE GUYS CAME IN WITH THE GIRLS OR SOMETHING LIKE THAT. HAVE A SEAT. RELAX. DRINK, TALK. THAT'S WHAT I. THAT'S WHAT I'M TRYING TO DO. IT'S NOT FOR LIKE, A LOT OF PEOPLE, I WAS JUST ASKING BECAUSE I KNOW, LIKE CIGARETTES, SMOKE IS PRETTY STRONG. AND IF YOU HAVE LIKE, 15 PEOPLE THAT'S OUT THERE SMOKING AS WELL. BUT ALMOST THE GUYS THAT SMOKE, SOMETIMES THE GUYS COME IN WITH THE WIFE AND WIFE JUST TO ENJOY THAT. AND THEY DON'T, THEY DON'T, THEY DON'T SMOKE, YOU KNOW, AND IT'S NOT EVERY EVERYBODY SMOKE, YOU KNOW.

BUT IF IN THAT CASE EVERYONE SMOKE I DON'T I DON'T THINK SO. THERE'S NOT ANY PROBLEM LIKE FOR 15 GUYS SMOKING OUTSIDE YOU KNOW SOME COMMISSIONER SCRUGGS OKAY. I'M A REFORMED SMOKER. OKAY? I

[00:35:04]

CAN'T STAND THE SMELL OF SMOKE. RIGHT? ESPECIALLY CIGARETTES. CIGARS KIND OF MAKE ME GO A LITTLE BIT, TOO. I GO TO ALMOST EVERY ONE OF HIS PARTIES I DON'T HAVE. I NOT I'M NOT JUST SAYING I'M. BECAUSE I'M UP HERE REPRESENTING MY WIFE THAT'S SITTING DOWN. SHE CAN ACTUALLY TELL YOU SHE'S LIKE, OH, THOSE THINGS ARE STINKY. BUT WE DON'T HAVE THAT PROBLEM. WE GO OUT THERE, HE'LL SOMETIMES HE'LL LIKE, HE'LL HAVE HIS WIFE WILL COOK SOMETHING AND JUST, YOU KNOW, HAND IT OUT, WHATEVER. SO IT'S KIND OF LIKE A THAT'LL BE FOR AN ANNIVERSARY THAT HE DOES.

BUT HE'S NOT THEY'RE NOT DOING A RESTAURANT. THEY'RE NOT DOING A BIG BAR SCENE. THEY'RE NOT THEY'RE NOT GETTING THAT DOWNTOWN. WE ACTUALLY HAVE SOME BARS THAT HAVE THAT ARE SMOKING INSIDE OR. NO. ARE THERE. NO THERE. SO NONE OF THE ALCOHOL ESTABLISHMENTS SMOKE. OH WOW.

OKAY. I DON'T THINK IT'S GOING TO BE SOMETHING THAT'S GOING TO BE OFFENSIVE IF I DON'T FIND IT OFFENSIVE. AND LITERALLY I HAVE TO TAKE A SHOWER AFTER I GO TO ANY PLACE THAT HAS CIGARETTES, I DON'T FEEL LIKE THAT. SO IT'S A PRETTY RELAXED ATMOSPHERE. A LOT OF PEOPLE JUST CHEW ON THEIR CIGARS. THEY'RE NOT ACTUALLY, YOU KNOW, DOING A LOT OF LOT OF SMOKING. BUT THANK YOU, THANK YOU. ANY OTHER NO OTHER QUESTIONS. WE CAN BREAK DISCUSSION. I'LL GIVE YOU MY OPINION IF Y'ALL WANT TO HEAR IT. I MEAN, I I'M, I'M GENERALLY FOR THIS. I THINK IT'S FINE.

Y'ALL ARE NOT CONNECTED TO ANYBODY. THAT WAS OBVIOUSLY A PROBLEM LAST TIME THAT THE CITY COUNCIL BROUGHT UP AND OTHER PEOPLE IN THE PUBLIC BROUGHT UP, BUT I WOULD BE SUPPORTIVE OF LIMITED TO WHERE WE SAY 80DB. I THINK THAT'S FAIR AND LIMITING IT TO THE AREA BEHIND THE STRUCTURE. THOSE WOULD BE MY TWO COMMENTS. AND JUST TO MAKE CLEAR, I, I BELIEVE I READ IT, BUT IT'S JUST CIGARS. NO OTHER THINGS ARE ALLOWED. I KNOW Y'ALL SAID THAT. I'M JUST WE'RE MAKING SURE. SO THAT'S WHERE MY HEAD'S AT. I DON'T KNOW HOW Y'ALL FEEL ABOUT IT. I DON'T KNOW HOW WE CAN CONFINE IT TO THE BACK. BECAUSE IF THE OWNER OF THE PROPERTY BUILDS SOMETHING THERE, THEN HE GOES HIS HIS BUSINESS IS SHOT. SO. SO I CAN TELL YOU THAT I HAVE SEEN THE LANDOWNER'S PLANS A COUPLE OF TIMES. AND WHAT THEY HAVE IN MIND IS NOT VERY LIKELY FOR THE DOWNTOWN. I CAN'T SAY IT WILL NEVER HAPPEN, BUT WHAT THEY'RE TRYING TO DO, OR WHAT THEY HAVE PROPOSED IN ORDER TO TRY TO MAKE A VIABLE BUILDING, TO ALSO RENT THAT SPACE OUT, DOESN'T LEND ITSELF VERY WELL TO THE SIZE OF THAT PROPERTY. AND I I'LL JUST ADD WHAT JASON IS SAYING. I UNDERSTAND, OBVIOUSLY IF THEY'RE LANDLORD, I DON'T KNOW IF THAT'S IN THEIR LEASE OR NOT, BUT IF THEY CAME BACK AND SAID, HEY, I'M BUILDING A BUILDING HERE, THEY CAN COME BACK AND ASK FOR A CHANGE. SO, I MEAN, THAT'S Y'ALL COULD IF FOR SOME REASON THAT HAPPENED IN A YEAR FROM NOW OR WHATEVER, AND THE LANDLORD SAID, HEY, WE'RE PUTTING A BUILDING THERE, Y'ALL NEED TO NOT SMOKE BACK HERE. YOU COULD COME BACK AND HAVE THIS AMENDED. AND MAYBE AT THAT POINT THINGS WOULD BE DIFFERENT, I DON'T KNOW. I JUST WANTED IT IS IN THE LEASE THAT THAT IF HE BUILDS SOMETHING, WE HAVE TO LIKE GIVE UP THAT SPACE IN THE BACK. HE HAS HE HAS MENTIONED THAT. OKAY. YEAH. I APPRECIATE YOU BRINGING THAT UP. JASON IS OBVIOUSLY THE PLANNER HERE, BUT I DON'T KNOW HOW YOU WOULD PUT ANOTHER BUILDING BACK THERE WITHOUT GETTING INTO THE PARKING. MAYBE, I DON'T KNOW, BUT. WELL, WHAT WERE YOU TALKING ABOUT? THAT'S HRC THAT'S GOING TO HAVE TO PROVE THAT, NOT US.

SO ALL WE CAN SAY IS, OKAY, WE ALLOW IT AND THEN THEY GET TO DECIDE. CORRECT? YEAH. I JUST LIKE I SAID, I, I UNDERSTAND COMMISSIONER CRUZ'S CONCERN. I DON'T WANT TO LIMIT SOMEBODY IF WE DON'T HAVE TO. I JUST DON'T THINK I GUESS THE OTHER SIDE OF IT IS THINKING OF WE'RE GOING TO RECOMMEND APPROVAL OR DENIAL TO COUNCIL, AND I IMAGINE THEY MAY HAVE THE SIMILAR CONCERNS WITH IT BEING A WALKWAY AND PEOPLE ARE SMOKING OUT THERE, AND WE DON'T HAVE ANY OTHER PLACE IN WILEY THAT I KNOW OF, AT LEAST IN THAT AREA THAT ALLOWS THAT. AND THAT MAY, THAT MAY COME UP WITH THEM. SO I DON'T KNOW OF ANYWHERE IN ANY PLACE IN WILEY WHERE THEY WON'T LET YOU SMOKE OUTSIDE. YOU KNOW THAT. I MEAN, THAT THAT WOULD GET TO THE, I THINK, ALL THE WAY TO THE

[00:40:05]

SUPREME COURT. NOT REALLY, BUT. WELL, NO, BUT I MEAN, BUT YEAH, WE'RE HERE TO OBVIOUSLY AUTHORIZE THIS. YUP. SO I WOULD SAY IF WE WANT TO PUT SOMETHING ON IT, THEN WE PUT IN THERE THAT THEY DO THEIR BEST TO MAKE TO PUT THEIR TO LOCATE THIS FACILITY ON THE BACK. IF IT IS THEORETICALLY POSSIBLE. AND DON'T TELL THEM THEY HAVE TO DO THAT BECAUSE THAT MIGHT FALL PROBLEMS WITH THE HRC. WELL SO IF YOU DID IT IN THE FRONT, WHAT'S THE FRONT GOING TO LOOK LIKE? WOULD YOU DO A PORCH OUT FRONT IS GOING TO BE A LITTLE SMALL DECKS. SO I'D HAVE TO GO TO HRC ANYWAY. IT STILL HAS TO GO TO HRC A LITTLE. IF HE BUILDS ANYTHING HE'S GOING TO HAVE TO.

YEAH, ANYTHING AT ALL.

SORRY. IT'S NOT GOING TO BE SOMETHING BIG FOR 50 PEOPLE. IT'S A VERY SMALL DECKS WITH A LITTLE LIGHT AROUND RIGHT THERE. SO IT'S GOING TO BE VERY NICE. SO SOMETHING LIKE WHEN YOU SEE IT SAY, OH MY GOSH I WANT TO HAVE A SEAT RIGHT THERE, YOU KNOW, OR I WANT TO GO TO TAKE A DINNER WITH MY WIFE. AND THEN I'M GOING TO SMOKE SOMETHING RIGHT THERE AND TALK SOMETHING LIKE THAT. IT'S NOT SOMETHING IT'S NOT GOING TO BE SOMETHING FOR. LIKE I SAY, I WANT TO I WANT TO BUILD SOMETHING VERY NICE OVER THERE WITH LIKE A WITH A LITTLE LIGHT AROUND IT RIGHT THERE, A COUPLE CHAIRS, YOU HAVE A SEAT, YOU KNOW. SO THAT'S MY VISION RIGHT THERE. OKAY. SO HERE'S MY SOLUTION. WE YOU SAY IT WITH 80DB MAX AND YOU SAY ANY DECK WILL ALLOW IT, BUT IT HAS TO GO THROUGH HRC APPROVAL. DONE. YES. YEAH. EVEN IF WE SAY THERE OR NOT, IT'S STILL GOT TO GO. JUST GOT TO SAY IT. WE CAN'T SAY ANY MORE THAN YES OR NO, BUT THEY CAN HAVE IT. YEAH. OKAY.

MR. BLACK, MR. SCRUGGS, Y'ALL GOT ANY INPUT ON THE FRONT DECK? I DON'T REALLY HAVE CONCERNS IF THERE'S A DECK ON THE FRONT OR BACK, BUT THAT'S NOT REALLY OUR CALL IF THEY'RE GOING TO DO IT.

SO WE JUST HAVE TO PUT IN WHATEVER OUR RECOMMENDATION IS GOING TO BE, THAT ANY DECK OUTDOOR AREA THAT THEY WANT TO CREATE IS CONTINGENT UPON APPROVAL FROM HRC. YOU DON'T REALLY NEED THAT BECAUSE IT'S GOING TO HAVE TO GO ANYWAY. OKAY. THAT'S ALL ALL. ALL I'M CONCERNED ABOUT FROM IS TO GO TO COUNCIL IS A RECOMMENDATION FOR APPROVAL OR DENIAL. AND THE CONDITION, IF THERE ARE ANY CONDITIONS, IT WOULD BE MAXIMUM NOISE AND HOURS OF OPERATION.

OKAY. HOURS OF OPERATION. THEN I WOULD SAY THE ONLY THING WE HAVE TO ADD AS FAR AS OUR RECOMMENDATION GOES IS THE NOISE, WHICH YOU GUYS ARE SAYING 80DB, WHICH IS THE SOUND OF STANDING NEXT TO TRAFFIC, WHICH IS IN A LOT OF CASES, IS PROBABLY GOING TO BE LOUDER THAN THE PEOPLE YOU WOULD HEAR OR THE MUSIC YOU HEAR. SO I DON'T SEE AN ISSUE WITH THAT. I DON'T THINK THERE'S NOT A DECIBEL RESTRICTION ON THE GLEN ECHO SET UP THAT WAS THERE. OKAY, OKAY.

ALL RIGHT. YEAH. I DON'T HAVE A PROBLEM WITH THAT. IT'S JUST WHO'S GOING TO MAKE THE MOTION TO FREEZE IT. SO OKAY. SO EVERYBODY IS OKAY WITH NOT LIMITING THE LOCATION OF IT. IS THAT OKAY. SHOULD WE SAY 9:00 ON THE HOURS. BECAUSE THAT'S WHEN EVERYTHING ELSE CLOSES DOWN.

ANYWAYS I DON'T MIND IF THEY IF IT'S OPEN PAST NINE I WOULD DO THE 9:00 FOR THE MUSIC. NOT TO BE DIFFICULT. I'M JUST THAT'S WHERE I WOULD END IT. IF HE WANTS TO STAY OPEN LATER THAT THAT DOESN'T. SO MAYBE WE SAY IT 9:00. YOU KNOW MUSIC IS OUTSIDE, MUSIC IS LIMITED TO 9:00 AND NO MORE THAN 80DB. IS THAT WHAT YOU SAID? IF SOMEBODY WANTS TO MAKE A MOTION? I MOVE THAT WE RECOMMEND APPROVAL TO THE CITY COUNCIL FOR THIS SPECIAL USE PERMIT. WITH THE EXCEPTIONS OF WHAT WE'VE DISCUSSED CONCERNING THE HOURS OF OPERATION AND. THE DECIBEL LEVEL OF 80DB FOR THE MUSIC, SO ARE WE ARE WE LIMITED THEM TO 9:00? THEY HAVE TO CLOSE OR 9:00 THE MUSIC 9:00, 9:00 FOR THE MUSIC, I HAVE A MOTION. I WILL SECOND. THAT SAID, I WILL SECOND THE MOTION. SECOND.

[00:45:07]

PLEASE VOTE. NO. REVOTE. I'M SORRY ABOUT THAT. REDO IT. OKAY. THAT PASSES FIVE ZERO. GOOD LUCK. THANK YOU. OKAY. MOVING ON. NOTHING LEFT OTHER THAN ANNOUNCEMENTS. YEAH. WE'LL HAVE A MEETING IN TWO WEEKS. OKAY, SO THAT'LL BE THE 4TH OF MARCH. FIRST TUESDAY OF THE MONTH? YEP.

ANYBODY WANT TO ADJOURN US? I MOVE, WE ADJOURN. I WILL SECOND MOTION IN A SECOND. TO ADJOURN, PLEASE VOTE. COMMISSIONERS. THANK YOU, THANK YOU. OKAY.

* This transcript was compiled from uncorrected Closed Captioning.