May 28, 2020 BAYTOWN CITY COUNCIL MEETING

SO, UH, IT IS BEEN BROUGHT TO MY ATTENTION, THE DEVELOPER HAS WITHDRAWN THE

ALL THOSE OPPOSED? OKAY.

ITEM CARRIES ITEM TWO A.

SO, UM, ITEM TWO, A, B, C, AND D, UH, GATEWAY 10, BUSINESS PARK.

UM, MISS CITY CLERK? YES, SIR.

[2. GATEWAY 10 BUSINESS PARK]

[00:05:01]

ITEM, UH, AND NEED, BUT I WILL NEED AN A MOTION, OR AT LEAST FOR THIS EVENING, I WILL NEED A MOTION TO SUSPEND ITEMS TWO A THROUGH D FOR A MEETING NO LATER THAN 60 DAYS.

I WOULD ENTERTAIN THAT MOTION MOVE TO MOVE TO POSTPONE ITEM TWO, A THROUGH D, NOT TO EXCEED 60 DAYS.

SECOND, MOVE A MOTION AND A SECOND.

ANY QUESTIONS OR COMMENTS? ALL, ALL IN FAVOR OF TABLE AND ITEMS TWO, A THROUGH D, UH, NO LATER THAN 60 DAYS, PLEASE SAY, AYE.

ALL THOSE OPPOSED? ALRIGHT, SO THAT ITEM IS NOW NOT ON THE AGENDA.

HOWEVER, THERE WAS, I'M ASSUMING THERE'S 1, 2, 3, 4, 5, 6, THERE ARE SEVEN CITIZENS THAT HAVE SIGNED UP TO SPEAK.

THE ITEM IS NOT HERE TO SPEAK ON, SO YOU GET TO COME BACK AT A FUTURE DATE.

SO WE'LL MOVE ON.

I, I'M NOT SURE, WAS ANYBODY SIGNED UP ONLINE? I HAD, UH, TWO PEOPLE ON ZOOM.

I SENT THEM A MESSAGE.

OKAY, THANK YOU.

SO, UM, OBVIOUSLY, UH, PLEASE STAY TUNED FOR WHENEVER THAT DATE MAY BE.

WE'LL MOVE ON TO ITEM THREE.

[a. Consider an ordinance establishing Sunday Fun Days at the Baytown Nature Center during the months of June and July, 2020, and authorizing the waiver of entrance fees therefor.]

A PROPOSED ORDINANCES, CONSIDER ORDINANCE ESTABLISHING SUNDAYS AT THE BAYTOWN NATURE CENTER DURING THE MONTHS OF JUNE AND JULY, 2020, AND AUTHORIZING THE WAIVER OF ENTRANCE FEES.

THEREFORE, MR. DAVIS? YES, SIR.

UM, MAYOR AND COUNSEL, UH, IN COLLABORATION WITH THE MAYOR, WE, UH, UH, BRING TO YOU AN IDEA THAT, UH, I THINK, UH, WE, WE BELIEVE IT WILL, UH, GIVE A GOOD SHOT OF MORALE TO OUR CITIZENS.

INTRODUCE SOME THAT HAVE NEVER BEEN TO THE NATURE PARK THAT, BUT MAYBE HAVE LIVED IN THE COMMUNITY A LONG TIME, A CHANCE TO VISIT THAT, THAT TRUE GYM, THAT THE NATURE CENTER IS, UH, UH, THIS IS, UH, SUNDAY FUN DAY.

THIS IS BETWEEN THE HOURS OF 12 AND FOUR, UH, EVERY SUNDAY IN THE MONTH OF JUNE AND JULY.

SO BECAUSE OUR RATES ARE SET BY ORDINANCE, WE ALSO NEED AN ORDINANCE FOR YOU TO, UH, MODIFY OUR CHARGING THE RATES BETWEEN THOSE HOURS.

SO, UH, WE'D RECOMMEND YOUR APPROVAL.

SO, UM, I GUESS I'LL ENTERTAIN A MOTION FOR ITEM THREE A AS PRESENTED, AND THEN WE CAN ASK, HAVE ANY QUESTIONS OR COMMENTS.

UH, SO I'LL ENTERTAIN THAT MOTION FOR ITEM THREE.

A MOVE TO APPROVE ITEM THREE, A SECOND.

SECOND.

WE HAVE A MOTION TO SECOND.

ALRIGHT, SO, ANY QUESTIONS, COMMENTS? I GOT A COMMENT.

YES, SIR.

I THINK THIS IS A GREAT IDEA.

THE NATURE CENTER IS A HIDDEN GEM.

UM, I'M GONNA SAY HIDDEN TO A CERTAIN EXTENT.

I'VE BEEN OUT THERE FIVE O'CLOCK, SIX O'CLOCK IN THE MORNING.

WE HAVE PLENTY OF PEOPLE FROM OUT OF TOWN COMING IN TO FISH.

AND IT'S SOMETHING WHEN YOU'RE CAMPING AND YOU SEE HEADLIGHTS WHILE IT'S STILL DARK.

BUT I, I DO BELIEVE THAT THIS IS, UM, A GREAT OPPORTUNITY FOR OUR RESIDENTS TO COME OUT AND ENJOY THE TRAILS, THE FISHING, IF THEY CHOOSE TO DO SO.

AND THE WONDERFUL PLAYGROUND AND BUTTERFLY, UM, EXHIBIT THAT WE HAVE SET UP THERE.

I THINK THIS IS A GREAT IDEA.

ANY OTHER QUESTIONS OR COMMENTS? NO, I, I THINK, SO I, I'LL TELL YOU WHERE THIS STEMMED FROM.

UM, SO THE, THE SUNDAY THAT WE HAD, UH, UH, WE, WE WAIVED THE FEES FOR, UM, THE FLYOVER THAT TOOK PLACE.

UM, IT WENT RIGHT OVER THE NATURE CENTER.

IT WAS THE, THE, THE PARK WAS, WAS FILLED.

EVERYBODY WAS HAVING A GOOD TIME.

IT WAS GOOD WEATHER.

UM, AND SO THIS, THE IDEA, OBVIOUSLY A LOT OF OUR FOLKS HAVE BEEN, UH, STAYING HOME AND, AND ALL THAT.

SO THEY WERE LOOKING FOR OPPORTUNITIES TO GET OUT.

UM, IT WAS MENTIONED TO ME BY, UM, A FAMILY THAT WAS NEAR, UH, THAT, HEY, YOU KNOW, WHY, WHY DON'T WE HAVE SOME, AN OPPORTUNITY TO, UH, TO OFFER THIS, THIS, UH, SOME FREE SUNDAYS? AND SO I, I THOUGHT THIS WAS SOMETHING REALLY GOOD.

SO WITH THAT, UM, YOU KNOW, IT'S JUST FOR THE MONTHS OF JUNE AND JULY, UM, HOPEFULLY PEOPLE WILL GET FAMILY MEMBERSHIPS TO THE NATURE CENTER.

IT IS, IT IS A HIDDEN AND G UM, SOMETHING THAT, UM, THAT, THAT HOPEFULLY, UM, WE HOPE THAT PEOPLE WILL COME OUT AND, AND TAKE ADVANTAGE OF THIS.

SO I THINK SUNDAYS ARE STILL THE BEST DAY FOR IT.

FROM 12 TO FOUR ONLY.

SO, UM, WHATEVER PEOPLE WANNA DO ON, ON THEIR SUNDAYS, UH, HERE'S A NEW OPPORTUNITY TO DO THAT IN BAYTOWN.

UM, AND DO IT, UH, FOR AT LEAST JUNE, JULY, DO IT FREE.

SO WITH THAT, OKAY, SO WE HAVE A MOTION ON THE TABLE.

UH, ALL THOSE IN FAVOR OF ITEM THREE AS PRESENTED, PLEASE SAY, AYE.

ITEM THREE B, CONSIDER AN ORDINANCE AUTHORIZED IN AN AGREEMENT FOR CONSULTING SERVICE WITH CAR CARILLO ENGINEERS INC.

ALL THOSE OPPOSED? OKAY.

[b. Consider an ordinance authorizing an Agreement for Consulting Services with Carollo Engineers, Inc., for the Water and Wastewater Impact Fee Study.]

FOR THE WASTE AND, EXCUSE ME, THE WATER AND WASTE WATER IMPACT FEE STUDY.

MR. BEAVERS.

GOOD EVENING, MAYOR AND COUNSEL.

UM, THIS IS A STUDY, UM, THAT BALANCES THE, UH, COST OF THE NEW CITY DEVELOPMENTS, UH, DUE TO, UM, ANNEXATIONS AND OR, UH, DEVELOPERS DEVELOPING AN AREA, UM, WITH THE EXISTING CUSTOMERS.

UH, THE STUDY WAS LAST UPDATED IN 2016, UM, TYPICALLY UPDATED EVERY FIVE YEARS.

SO THE NEW STUDY WILL LOOK AT THE 2021 THROUGH 2031 PROJECTIONS.

[00:10:04]

SO, UM, STAFF RECOMMENDS APPROVAL AND I'LL BE GLAD TO ENTERTAIN ANY QUESTIONS THAT YOU MAY HAVE REGARDING THE ITEM.

I'D ENTERTAIN A MOTION FOR DISCUSSION, AT LEAST APPROVE THREE B SECOND, A MOTION TO SECOND.

ANY QUESTIONS OR COMMENTS, UH, ON THIS? UM, I'M ASSUMING THIS, UH, AUTHORIZATION.

ALL THOSE IN FAVOR? ITEM THREE BB AS PRESENTED, PLEASE SAY AYE.

IT'S LIKE TWO HUNDRED AND FIFTY, TWO HUNDRED THIRTY.

ALL THOSE OPPOSED.

ALRIGHT, ITEM THREE

[c. Consider an ordinance authorizing a variance to Section 6-2 of the Code of Ordinances, to allow a proposed sports bar and lounge to sell alcohol for on-premise consumption within 300 feet of a church at 501 W. Main Street, Baytown, Harris County, Texas.]

CONSIDER AN ORDINANCE AUTHORIZING A VARIANCE TO SECTION SIX DASH TWO OF THE CODE OF ORDINANCES TO ALLOW A PROPOSED, A PROPOSED SPORTS BAR AND LOUD LOUNGE TO SELL ALCOHOL FOR ON-PREMISE CONSUMPTION WITHIN 300 FEET OF A CHURCH LOCATED AT 5 0 1 WEST MAIN STREET, UH, BAYTOWN, TEXAS HARRIS COUNTY.

UH, SO WITH THAT, MS. BRI, I THINK YOU HAVE AT LEAST SOME ADDITIONAL COMMENTS.

YES, SIR.

SO, UM, THIS IS THE SECOND TIME I'VE BROUGHT A, A VARIANCE REQUEST TO THE DISTANCE REQUIREMENT IN OUR ALCOHOL CODE BEFORE YOU, IN THIS PARTICULAR INSTANCE.

UM, WE RECEIVED AN APPLICATION IN NOVEMBER OF 2019 TO OPEN A BAR AND GRILL AT, UH, 5 0 1 WEST MAIN, WHICH IS LOCATED RIGHT DOWN THE ROAD PAST, UH, 1 46.

UM, IN OUR DUE DILIGENCE, WE, WHEN WE RECEIVE A PREQUALIFICATION PACKET, WE SEND IT TO FIRE, UH, BUILDING AND PLANNING TO CHECK A NUMBER OF THINGS.

UM, THERE WERE SOME DELAYS IN GETTING IT APPROVED.

THERE WAS TROUBLE GETTING INTO THE BUILDING, SO IT TOOK FIRE A LITTLE BIT.

AND WHILE WE WERE GOING THROUGH ALL OF THAT, THEY DID A REVIEW OF THIS PARTICULAR APPLICANT AND IT DID NOT MEET THE DISTANCE REQUIREMENTS.

SO IN JANUARY, WE DENIED THE APPLICATION BECAUSE THERE IS A CHURCH DIRECTLY ACROSS THE STREET FROM THE PROPOSED, UM, BAR AND GRILL.

UH, WHEN WE DENIED IT, WE SENT THE APPLICANT THE INFORMATION, UM, AND GAVE HIM THE INFORMATION ON REQUESTING A VARIANCE, UH, TO YOUR DISTANCE REQUIREMENT.

THE DISTANCE REQUIREMENT IN OUR CODE IS 300 FEET FROM DOOR TO DOOR USING PROPERTY LINES, AND IT DOES NOT MEET IT IN THIS PARTICULAR INSTANCE.

CAN YOU, WOULD YOU MIND SHARING WHAT THE FOOTAGE IS? IT'S FROM DOOR TO DOOR.

IT'S, IT'S OKAY.

IT'S WAY BELOW THE 300 FOOT.

I DO WANNA POINT OUT THAT IN 2016, UM, THERE WAS AN ALCOHOL PERMIT ISSUED AN ERROR AT THIS PARTICULAR LOCATION, IT EXPIRED IN FEBRUARY OF TWO, UH, 2019.

THERE IS A 30 DAY WINDOW TO RENEW AN EXPIRED PERMIT WITH THE STATE.

THAT DID NOT HAPPEN.

THE APPLICATION CAME IN IN NOVEMBER.

SO IN THIS PARTICULAR INSTANCE, THERE IS NO GRANDFATHERING OF ANY KIND WITH THIS APPLICATION.

IT HAS TO BE SEEN AS A COMPLETELY NEW APPLICATION, INDEPENDENT ITS, AND ON ITS OWN AS SUCH, ALL OF OUR CURRENT CODE AND DISTANCE REQUIREMENTS HAVE TO BE, UH, TAKEN INTO CONSIDERATION.

AND BASED ON THE INFORMATION THAT WE HAVE FROM THE TIME THAT IT WAS RECEIVED, IT DOES NOT MEET THE DISTANCE REQUIREMENT AND IT CAN ONLY MOVE FORWARD IF COUNSEL GRANTS A VARIANCE TO THE DISTANCE REQUIREMENT.

YEP.

THE, UM, THE APPLICANT IS HERE AND HIS BUSINESS MANAGER ARE HERE TO, UM, MAKE THEIR COMMENTS.

SO DO THEY HAVE TO SIGN UP TO SPEAK OR THEY HAVE PRESENTATION? HAVE YOUR SHEET, SIR.

OH, OKAY.

SO I HAVE, UH, THREE GENTLEMEN, UH, TO SPEAK HERE.

IT LOOKS LIKE.

SO I HAVE JOHN FIGUEROA IT LOOKS LIKE, IS THAT RIGHT? YES.

AND SO IS THERE ANYBODY WHO JUST WANTS TO JUST SPEAK FOR ANYBODY? UH, YOU CAN, YOU HAVE NINE UP TO NINE MINUTES, UM, TOTAL, BUT IF Y'ALL CAN SPLIT IT UP IN THREE, TWO OR ONE, IT'S UP TO YOU.

YES, SIR.

THAT'S FINE.

GOOD EVENING.

WE'RE REQUESTING A VARIANCE DISTANCE, UH, AS STATED.

UM, WE'RE VERY INVESTED BASED IT ON THE, THE INFORMATION FROM THE ALCOHOLIC LICENSE.

OR EX YOU KNOW, EXPRESS OUR IDEAS AND STUFF.

AND WE WEREN'T, WE, WE DIDN'T KNOW ABOUT THE ERROR, THE FILING ERROR, UH, FROM THE PREVIOUS ONE.

SHE ACTUALLY, UH, TOLD US THAT IT WOULD, WITH ALL THE PREVIOUS LICENSES THAT, I MEAN, IT'S SHORTER WORK.

UM, WE'VE EVEN MOVED, UH, THE DOOR, THE DOOR AS, AS FAR AWAY AS PRACTICALLY POSSIBLE.

UM, WE'VE, WE'VE REACHED OUT TO THE CHURCH.

UM, BUT OF COURSE 'CAUSE OF COVID, WE, WE HAVEN'T BEEN ABLE TO MEET UP WITH THEM OR,

[00:15:01]

SO, SO BASICALLY WHAT WE'RE TRYING TO DO IS WE'RE TRYING TO, UH, I GUESS PUT A RESTAURANT OUT THERE, BAR AND GRILL.

UH, IT'S NOT GONNA BE A SPORTS BAR.

UM, WE'RE TRYING TO BUILD UP THE CITY ON THAT SIDE OF TOWN.

UH, MYSELF AND JERRY GREW UP ON THAT SIDE OF TOWN.

UM, SO BEFORE WE INVESTED INTO THIS PROPERTY, UH, WE ASKED THE, UH, OWNER OF THE PROPERTY, UH, BEFORE WE LEASED THE PLACE OUT.

HE LET US KNOW THAT, UH, IT WAS ABLE TO BE A BAR AND GRILL, THAT IT WOULD, IT WOULD BE ABLE TO HAVE A LICENSE.

UH, WE WENT TO A THIRD PARTY, UM, UH, COMPANY CALLED, UH, A BLS.

THEY ALSO LOOKED IT UP PRIOR TO US INVESTING INTO THIS PROPERTY.

UH, WE INVESTED AND WENT AHEAD AND WENT FORWARD WITH THE ALCOHOL LICENSE BECAUSE IT SHOWED THAT IT HAD BEEN A LICENSE FOR PREVIOUS TIMES.

ONCE BEFORE, UH, IT WAS A RESTAURANT TAQUERIA, UH, BACK IN, UM, WHAT IS THAT? UH, 2006 TO 2008.

AND THEN IT WAS ANOTHER TAQUERIA MICA IN TWO OH THOUSAND FOUR THROUGH 2005.

UH, THEN THERE'S ANOTHER ONE, THE RED ZONE THAT WAS ACTUALLY A BAR THAT WAS FROM 2015 TO 2017.

AND THEN THE LA LATEST ONE THAT, UH, THE LADY MENTIONED BEFORE WAS, UH, THE ZONE, WHICH WAS, UH, EXPIRED IN FEBRUARY, 2019.

NO VIOLATIONS AT ANY TIME WAS PREVIOUS ON THE, ON THESE, ON THESE PERMITS.

ALSO, WE GOOGLED, UM, THE CHURCH NEVER CAME UP ON GOOGLE MAPS.

IF YOU LOOK IT UP, IT'S NOT EVEN ON THERE.

UH, MAYBE THAT'S WHY THE ERROR HAPPENED.

UH, BUT IT'S NOT SHOWING E ON EITHER GOOGLE MAPS OR PING OR ANYTHING LIKE THAT.

SO, UM, AGAIN, WE JUST, WE'RE JUST TRYING TO GET A VARIANCE REQUEST SO WE CAN GET AN ALCOHOL ACCESS PERMIT SO WE CAN MOVE FORWARD WITH THE, WITH THE RESTAURANT.

THAT'S WHAT'S HOLDING US UP.

DO YOU HAVE ANYTHING ELSE TO SAY BEFORE WE, BEFORE AGAIN? UM, WE REALIZE THE CHURCH IS, UM, HEDON US TO THIS BECAUSE OF THE PREVIOUS OPERATORS.

MM-HMM.

BUT ME AND MY PARTNER HERE, WE'RE TRYING TO DO A WHOLE DIFFERENT, YEAH, I'M TRYING, I'M TRYING.

I'M, I'VE BEEN TRYING TO GET IN CONTACT WITH THE CHURCH WE'RE SUPPOSED TO MEET AND THIS COVID HAPPENED.

UH, IT'S KIND OF A, A, A LANGUAGE BARRIER THERE.

THEY SPEAK PRETTY FLUENT SPANISH.

BUT, UM, YOU KNOW, MY INTENTION WAS TO, YOU KNOW, RESPECT THE CHURCH NOT OPEN WHILE CHURCH SERVICE GOING ON, UH, OPEN PRIOR AFTER THAT, UH, YOU KNOW, THEY WERE THERE FIRST.

SO, YOU KNOW, WE'RE, WE'RE GONNA, YOU KNOW, COMMON COURTESY, UH, DO WHAT WE HAVE TO DO TO, UH, BE A GOOD NEIGHBOR TO THEM AS WELL.

SO, UH, WE DON'T WANNA START ANY DISTURBANCE THERE.

UH, FROM WHAT I UNDERSTAND, THE PREVIOUS OWNERS THAT HAD THAT PLACE KIND OF GAVE US A BLACK EYE, BUT WE'RE TRYING TO GET AWAY FROM THAT.

WE'RE TRYING TO BUILD UP THE CITY, WE'RE TRYING TO DO SOMETHING POSITIVE HERE.

UH, HAVE A PLACE FOR COLLEGE KIDS TO COME, HANG OUT, DO THEIR HOMEWORK, HAVE FREE WIFI, EAT, YOU KNOW, HAVE LIVE BAND THERE MAYBE DURING THE DAY, YOU KNOW, STUFF LIKE THAT.

SO WE'RE, WE'RE JUST TRYING TO DO SOMETHING POSITIVE.

SO, UH, WITH THAT THEN WE'LL MOVE ON TO, UH, ANY QUESTIONS FROM COUNSELS? I HAVE ONE QUESTION REAL, ACTUALLY, I HAVE ONE QUESTION FOR YOU, BUT I HAVE ONE QUESTION FOR THEM AS WELL.

I, ONE IS THIS, THIS IS DISTRICT ONE, CORRECT? YES.

IS THAT WHAT I THOUGHT? THAT IS CORRECT.

UM, I WOULD LIKE TO MAKE A COUPLE OF COMMENTS.

AND SO, UM, I DID REVIEW THE INFORMATION AND I SPOKE TO MY CITY MANAGER ABOUT IT, UM, JUST TO KIND OF GO THROUGH THE DETAILS AND AS WELL AS MS. BRUSH OUR CITY CLERK.

AND SO I, YOU KNOW, DEVELOPMENT IN THAT AREA ABSOLUTELY IS NEEDED.

AND, AND WE'VE BEEN TALKING ABOUT THAT.

AND ACTUALLY THAT IS GOING TO BE ANOTHER PHASE OF OUR REDEVELOPMENT FOR THE CITY.

UM, WE JUST CAN'T DO IT ALL AT ONCE RIGHT NOW, BUT WE DO HAVE PLANS TO DO, UM, A PRETTY BIG REDEVELOPMENT IN TERMS OF INFRASTRUCTURE AND ALL OF THAT TO TRY TO ATTRACT BUSINESSES TO THAT AREA.

SO THE FACT THAT YOU'RE, YOU'RE INTERESTED IN IT RIGHT NOW, UM, IT, IT SPEAKS A LOT TO YOUR DEDICATION TO THE AREA.

UM, BUT WE DO HAVE REGULATIONS AND, YOU KNOW, UM, HAVING THAT CHURCH THERE, UM, IS, IS ACTUALLY A BARRIER TO THAT.

AND SO WE DEFINITELY WANNA MAKE SURE THAT WE UPHOLD THE REGULATIONS THAT ARE IN PLACE.

UM, I AM, YOU KNOW, SADDENED THAT, YOU KNOW, THERE, THERE WAS THAT, THAT HICCUP IN, IN THE LICENSES AND EVERYTHING, BUT FOUR TIMES , YOU KNOW, I, I JUST FEEL THAT, YOU KNOW, HAVE YOU ATTEMPTED ANY OTHER LOCATIONS? IS THERE A POSSIBILITY MAYBE YOU PHASED IT IN TO WHERE, YOU KNOW, YOU TRY OUT THE RESTAURANT WITHOUT ALCOHOL? WELL, WE'RE ABOUT, WE'RE ABOUT $60,000 INVESTED IN THIS LOCATION ALREADY.

SO IT'S, IT'S KIND OF HARD TO WALK AWAY FROM IT.

BUT HAVE YOU TRIED MAYBE THINKING ABOUT, YOU KNOW, JUST DOING THE RESTAURANT WITHOUT ALCOHOL IN IT? I MEAN, IS THAT A POSSIBILITY? AND, YOU KNOW, MAYBE GRADUALLY IF, I DON'T KNOW WHAT CHANGES CAN BE MADE TO, TO ZONING, I THINK OTHER THAN, YOU KNOW, GETTING THE VARIANCE.

BUT I MEAN, CAN WE MOVE THE DOOR AS FAR AS POSSIBLE TO GET TO THAT 300 OR, I MEAN, WHAT, WHAT CAN WE DO? I MEAN, CAN I, DO I HAVE TO GET THE PASTURE HERE TILL YOU CAN? YES.

SO, UH, TWO THINGS, UH, AS IT RELATES TO THE DOOR, EVEN IN WITH THE FARTHEST DOOR ON THE SIDE, RIGHT? IT DOES NOT MEET THE DISTANCE REQUIREMENT.

[00:20:01]

IS UNDER THE 300 FOOT.

OH, IS THAT 2 75? I BELIEVE IT'S, IT'S UNDER THE 300 FOOT REQUIREMENT.

THAT'S FINE.

THAT'S WHY THEY'RE HERE.

I DON'T REALLY CARE ABOUT THE 300 FOOT AT THIS POINT, SO I DON'T CARE IF IT'S ONE FOOT OR 2 99, IT'S A VARIANCE.

SO IT DOESN'T REALLY MATTER AT THIS POINT.

SO WHETHER IT'S THE FRONT DOOR OR THE SIDE DOOR, BECAUSE THAT WAS BROUGHT UP, I KNOW WITH THE FRONT AND THE SIDE DOOR, I WANNA ASSUME 2 50, 2 75 WE MOVE ON.

THAT'S ONE IN THE, HE BROUGHT UP THE PREVIOUS ISSUES.

THERE WERE GRANDFATHERING ISSUES IN PREVIOUS.

THIS IS NOT THE CASE NOW.

THERE IS NO GRANDFATHERING IN ANY WAY WITH THIS PARTICULAR APPLICATION.

THAT'S THE SECOND POINT.

THE THIRD POINT, I DID SPEAK TO PASTOR, UH, JUAN MURILLO TODAY, AND HE SAID THAT, UH, HE HAD PRIOR COMMITMENTS WITH HIS, UH, CONGREGATION AND COULD NOT MAKE IT, BUT HE WAS GONNA TRY AND CANCEL SOME THINGS.

IF NOT, HE ASKED ME TO PLEASE RELAY TO THE COUNCIL THAT, UM, NOT ONLY IS SERVING ALCOHOL DIRECTLY ACROSS FROM THEIR CHURCH AND COMPLETE, UM, OPPOSITION TO THEIR MISSION, UH, THEIR CHURCH MISSION OF CHANGING THOSE TYPES OF BEHAVIORS OF, UM, DRINKING.

UH, THEY ALSO FELT THAT IN THE PAST WITH PEOPLE, UH, THAT HAVE BEEN IN THAT POSITION, THEY'VE HAD A LOT OF DEBRIS, BOTTLES, CANS, THEY'VE HAD ISSUES WITH NOISE AND, UM, RUCKUS MM-HMM .

AND THEY'VE ALSO HAD ISSUES WITH THE RESTAURANT USING THEIR, UH, PARKING, UH, FOR THEMSELVES, WHICH PUTS THEIR CONGREGATION, UH, AT A DISADVANTAGE WHEN THEY TRY TO GO TO SERVICES.

I THINK THAT'S THE BEST I COULD TRANSLATE.

I CAN JUST GO AROUND, BUT I HAVE A COUPLE, LET ME ASK A COUPLE QUESTIONS ABOUT MAY REAL QUICK.

SO ONE, SO LEMME, ARE YOU GONNA BE A A, I MEAN, IT'S GONNA BE A BAR AND GRILL, BUT ARE YOU GONNA HAVE A 51% CERTIFICATION ON ALCOHOL? OR WHAT DO YOU, WHAT ARE YOU DOING HERE? UM, ARE YOU A RESTAURANT THAT SERVES ALCOHOL OR ARE RESTAURANT, ARE YOU A BAR THAT SERVES FOOD, RESTAURANT THAT SERVES ALCOHOL? THE, THE TYPE OF FOOD WE'RE SERVING, IT'S, YOU KNOW, OUT OF A BASKET.

THAT WAY YOU CAN HAVE A, A NICE COLD DRINK IN YOUR OTHER HAND.

SO YOU'RE A RESTAURANT.

IT'S A RESTAURANT THAT REALLY, THAT SERVES ALCOHOL REALLY GOOD.

RESTAURANT.

ACTUALLY IT'S A BIG DEAL.

I MEAN, YOU KNOW, YOU'RE, YOU'RE TALKING ABOUT YOU WANT DEVELOPMENT TO COME TO, TO WEST MAINE.

SO, SO I'LL TELL YOU IN MY 15 YEARS, YOU'RE LIKE THE FIRST PERSON THAT EVEN CAME TO WEST MAIN.

SO MY PLAN WAS IF THIS THING WORKS, I PLAN ON BUYING TWO MORE BUILDINGS RIGHT, RIGHT NEXT TO IT.

SO, AND DOING MORE WITH IT.

SO I'M TRYING TO BUILD IT, WE'RE TRYING TO BUILD IT, WE GREW UP IN THE NEIGHBORHOOD, YOU KNOW, OUR DREAM IS TO BUILD IT UP.

UM, YOU KNOW, SHE SAID THAT THEY'VE ALL BEEN GRANDFATHERED IN AND I SEE HERE ONE WAS FROM OH FOUR TO OH FIVE, AND THEN THE NEXT TIME IT WAS IN IT WAS OH SIX, SO EIGHT.

SO I DON'T SEE HOW GRANDFATHERED IN THERE ULTIMATELY, UM, WE SEE WHERE THE DISCRETION CAN COME BEFORE WITH THE CHURCH, BUT TO ME AS A, AS A SPORTS BAR, LIKE YEAH.

THAT, THAT'S NOT GOOD.

IT'S A RESTAURANT ABOVE ANYTHING, BUT WE'D LIKE TO OFFER OUR, OUR CUSTOMERS ALCOHOL.

UH, YEAH.

WE DON'T, WE DON'T PLAN ON HAVING LOUD MUSIC, SO ALL NIGHT OR ANYTHING LIKE THAT.

THERE'S, THERE'S OTHER NOISE ORDINANCES.

SO YOU, YOU, ME, LEMME ASK YOU ON THE OPERATING HOURS, OBVIOUSLY, I MEAN WE HAVE, I MEAN, REGARDLESS, EVEN IF YOU DIDN'T, YOU WEREN'T 300 FEET FROM A CHURCH.

YOU SUB THAT HERE TOO, RIGHT? RIGHT.

UM, SO YOU, YOU MENTIONED THAT Y'ALL WON'T HAVE, YOU WON'T HAVE OPERATING HOURS DURING CHURCH SERVICES, CORRECT? I DON'T KNOW WHAT THE CHURCH SERVICES HOURS ARE.

YOU NEED TO BE AWARE.

RIGHT.

YOU'RE MAKING A STATEMENT OF THAT.

RIGHT, RIGHT.

IT'S 12 O'CLOCK.

SO AT LEAST IF CHURCH SERVICES ARE AT WHATEVER TIME ON SUNDAY, IT HAS TO BE BASED OFF OF WHAT, YOU KNOW, AS OF TODAY.

IF NOT, THEY CAN JUST START CHURCH SERVICES 24 7.

RIGHT, RIGHT.

THEIR LAST SERVICE IS 12 O'CLOCK.

12 TO ONE.

SO YOU'RE JUST TALKING ON SUNDAY SERVICES THEN.

I THINK THOSE ARE ALL THE QUESTIONS THAT I HAVE AT LEAST.

I JUST WANNA KNOW, SO YOU'RE BASICALLY A RESTAURANT WITH SPORTS ACTIVITIES, I THINK, CORRECT? YES.

THAT WILL SERVE ALCOHOL.

ANY QUESTIONS? I HAVE A QUESTION.

I'M, I SHOULD PROBABLY KNOW THIS, BUT JUST BALLPARK IDEA.

WHERE EXACTLY IS, UH, THE 5 0 1 WEST MAIN? IT'S WHERE THE OD AND DS WAS.

TEMPORARY.

SO BASICALLY IT'S, IT'S GOT AN INDOOR, UH, IT'S A SMALL BUILDING, WHICH, WHICH WILL HAVE A KITCHEN AND TWO RESTROOMS, AND THEN WE'LL HAVE LIKE TWO TABLES IN THERE AND SOME TVS.

AND THEN ON THE OUTSIDE OF WHAT WE'RE TRYING TO SELL, WE'LL HAVE HAMMOCKS OUT THERE LIKE BEAN, IT HAS THE COURTYARD AND ALL THAT.

WE'LL HAVE HAMMS OUT THERE.

LIKE IT'S GOT AN OUTDOOR BAR.

THAT'S WHY WE'RE KIND OF LEANING TOWARDS THAT BECAUSE IT HAS THE OUTDOOR BAR.

WE'LL HAVE A SCREEN THERE, WHICH IT IS JUST GONNA BE A PLACE FOR PEOPLE TO HANG OUT, YOU KNOW, WATCH, WATCH LIVE MUSIC DURING THE DAYTIME, MAYBE PUT, PUT SOME TV ON SPORTS AND WHATNOT.

RIGHT.

AND YOU HAVE GOOD FOOD.

I MEAN, THIS GUY COOKS REALLY WELL.

, WHAT ARE YOUR HOURS OF OPERATION AGAIN? UH, ACTUALLY WE HAVEN'T REALLY GOT INTO THAT, BUT IT'LL PROBABLY BE LIKE FROM NOON TILL MAYBE MIDNIGHT IF WE GO THAT LATE.

I DO WANNA POINT OUT THAT PART OF THEIR APPLICATION IS FOR THE MIXED BEVERAGE PERMIT, UM, AND A MIXED BEVERAGE LATE PERMIT, WHICH ALLOWS THEM TO OPERATE FROM MIDNIGHT TO TWO IN THE MORNING.

IT WOULD BE A FACTOR.

SO THAT WELL, THAT, THAT'S WHAT, THAT'S WHAT THE LADY RECOMMENDED TO US.

I MEAN, WE DIDN'T KNOW EXACTLY

[00:25:01]

WHAT WE'RE DOING.

IT'S OUR FIRST TIME DOING IT, BUT I KNOW GOING OFF OF THE THIRD PARTY, THEY, THEY RECOMMENDED TO DO ALL THAT.

DO YOU PLAN ON BEING OPEN TILL 2:00 AM UH, PROBABLY, PROBABLY IN MIDNIGHT WOULD BE OUR CUTOFF TIME.

I THINK IT'D BE MIDNIGHT WOULD BE A GOOD CUTOFF.

THERE'S A NEIGHBORHOOD YES.

RIGHT AROUND THERE.

EXACTLY.

SO THAT, THAT IS OBVIOUSLY, YEAH.

SO I MEAN, I ALSO WANNA POINT OUT THAT THERE IS A MIXED BEVERAGE FOR FOOD, FOR RESTAURANTS AND THE APPLIC, THE, THE LICENSE THAT THEY'RE REQUESTED IS FOR MIXED BEVERAGE, NOT THE MIXED BEVERAGE FOR RESTAURANTS.

WELL, THAT'S WRONG THEN THEY SHOULD HAVE DID IT THE WRONG WAY BECAUSE THEY'RE SUPPOSED TO BE FOR FOOD.

THAT'S WHAT THEY APPLICATION TO US.

OR APPLICATION TWO, THE APPLIC, THEY'RE PREQUALIFICATION PACKETS, SIR, YOU HAVE TO LIST WHICH LICENSES YOU WANT.

AND THEY HAVE THREE, THE MIXED BEVERAGE, THE MIXED BEVERAGE, LATE HOURS AND THE BEVERAGE CARTAGE PERMIT.

THAT'S AN ERROR ON OUR PART.

IT SHOULD BE FOOD INVOLVED.

SO I HAVE A QUESTION, MAYOR.

THE CITY MANAGER OR LEGAL, IF ARE WE, DO WE HAVE THE AUTHORITY TO MAKE AN AMENDMENT HERE AND, AND ESSENTIALLY CHANGE THE LANGUAGE TO WHERE WE'RE ALLOWING A VARIANCE FOR A RESTAURANT AND DELETE SPORTS BAR TO WHERE THE VARIANCE IS CONTINGENT UPON THAT LEGALLY MM-HMM .

SO I THINK RIGHT NOW WHAT'S BEFORE YOU IS THE VARIANCE FOR THE SPORTS BAR, NOT A RESTAURANT.

THEY WOULD NEED TO SUBMIT A NEW APPLICATION.

THEY SAID THE SPORTS BAR'S INACCURATE OR INCORRECT.

SO THE, THE PAPERWORK THAT WE HAVE THAT WE DENIED IS BASED ON THE FACT THAT IT IS A, A SPORTS BAR, NOT A RESTAURANT.

SO WE WOULD NEED A NEW APPLICATION FOR THEM TO CHANGE THAT.

WHAT DOES THAT TURNAROUND LOOK LIKE? I MEAN, I THINK IT'S JUST CHANGING THE FORM.

I DON'T THINK IT TAKES VERY LONG AT ALL.

SO, SO WHAT'S BEFORE YOU IS THREE LICENSES FOR WHAT WE BELIEVE WAS A, UH, A SPORTS BAR OR A BAR? A BAR AS IT WAS RELAYED TO US.

UM, IF THEY, IF THEY WANT SOMETHING DIFFERENT THAT'S, UH, A RESTAURANT AND IT'S FOCUSED ON FOOD AND NOT SO MUCH ON ALCOHOL, THEY WOULD NEED TO RESUBMIT A PREQUALIFICATION PACKET WITH THE CORRECT LICENSE PERMITS THAT THEY WANT FOR A RESTAURANT THAT WILL SERVE ALCOHOL.

AND IN ORDER TO DO THAT, THEY WOULD HAVE TO RESUBMIT A PREQUALIFICATION PACKET.

I MEAN, GUYS ARE IS, WOULD Y'ALL BE OKAY WITH THE TIMELINE LIKE THAT? JUST TO, TO RE I MEAN, WE'VE BEEN WAITING THIS FAR ALREADY SINCE NOVEMBER.

SO I MEAN THAT'S ANOTHER COUPLE MONTHS.

, WELL BEING HONEST WITH YOU.

I MEAN, WHAT WOULD THE RUMS PROBABLY, UH, WELL THEY JUST HAVE TO RESUBMIT THE APPLICATION, THEN IT COMES BACK TO COUNSEL SO WE COULD POTENTIALLY HAVE IT BACK.

AND IF YOU GUYS WOULD MAKE THAT CHANGE, YOU SAID THAT'S WHAT IT'S GONNA BE ANYWAY.

RIGHT? RIGHT.

SEEMS LIKE YOU NEED TO CORRECT THAT.

REGARDLESS.

AND THEN WE'LL CHECK, CHECK OFF THE RESTAURANT BACK FOR AS WELL.

MR. MAYOR.

LEMME ASK.

SO THE WHOLE DIFFERENCE IS JUST YOU CHECKING A BOX FOR TONIGHT.

SO THE PREQUALIFICATION IS, IS AN ENTIRE PACKET THAT LISTS WHAT YOU'RE ASKING FOR, FOR WHAT LOCATION TO DO WHAT? BASED ON WHAT WE WAS SUBMITTED TO US.

WE, WE BROUGHT IT BEFORE YOU.

AND THAT'S WHAT WE'VE TOLD THE CHURCH.

THIS IS, THIS IS WHAT'S BEFORE US.

THIS IS WHAT'S BEEN BROUGHT TO US.

ARE YOU, ARE YOU FOR OR AGAINST, ET CETERA.

I DON'T THINK IT'S, SO THE, THE, THE THING THAT'S BEFORE YOU IS A VARIANCE OF THE 300 FOOT FOR THIS APPLICATION, NOT FOR AN AMENDED APPLICATION MM-HMM .

BUT FOR WHAT'S BEFORE YOU TODAY, IT SOUNDS LIKE THERE'S A COUPLE OF CORRECTIONS THEY NEED TO MAKE TO 'EM MM-HMM .

TO THAT APPLICATION ANYWAY.

SO COULD WE SUSPEND THIS, BOB? OH YEAH.

AND I ALSO WOULD RECOMMEND IT IF IT COMES IN AT THE NEXT MEETING THAT AFFORDS THEM THE OPPORTUNITY TO SIT DOWN AND TALK WITH THE PASTOR AND, UH, AND HOPEFULLY HE'LL BE WITH US, SOME OF THE CONGREGATION AND MAYBE HE'LL BE MORE PALATABLE TO SOMETHING LIKE THIS, BUT, OKAY.

IF WE, IF WE WERE TO GRANT A VARIANCE AND LET'S SAY THEY DECIDED TO SELL OUT TO ANOTHER BUSINESS, UM, THEY CLOSED FOR A MONTH, THEY SELL OUT, WILL ANOTHER BUSINESS BE ABLE TO COME IN UNDER THAT VARIANCE AND SELL ALCOHOL STILL? BECAUSE THEY MAY NOT BE THE TYPE OF PEOPLE AT THAT POINT THAT WITH RESPECT THE DISTANCE, UM, OF THE CHURCH BEING ACROSS THE STREET FROM THEM, FROM THEM.

I, I'M ASSUMING FROM WHAT MS THEY WOULD BE ABLE TO DO.

SO THEY WOULD BE ABLE TO STAND THE SHOES.

THE NEW NEWPORT FIRE WOULD BE ABLE TO STAND THE SHOES OF THE CURRENT AND BE ABLE TO GET THE SAME LICENSES.

IS IT THEY CAN EVEN DO IT IF THE, THE, AS WE HAVE WHAT WE TALKED ABOUT EARLIER, IF THE LICENSE WAS EVEN EXPIRED FOR 30 DAYS, THEY COULD STILL DO IT WITHIN THAT RENEWAL TIME.

SO, SO LONG AS THAT LICENSE IS STILL GOOD, THAT CAN TRANSFER.

BUT IS IT ONLY FOR 30 DAYS OR? NO, THEY CAN TRANSFER IT FOR THE WHOLE TWO YEAR PERIOD PLUS 30 DAYS ONCE IT EXPIRED AND FOUR PEOPLE HAVE OPERATED IN SOME CAPACITY SERVING ALCOHOL.

REGARDLESS OF AN ERROR OR NOT.

BUT, OKAY.

CAN YOU, UM, YOU SAID THAT YOU'VE INVESTED ALREADY 60,000 INTO YOUR BUSINESS MODEL.

CAN YOU DESCRIBE TO US, HAVE YOU DONE ANYTHING TO THE BUILDING OR WHAT HAVE YOU DONE WITH THE 60,000? YEAH, WE, WE'VE

[00:30:01]

PAINTED THE WHOLE PLACE.

WE'VE REDONE ALL THE BARS, WE'VE, UH, INSTALLED, UH, KITCHEN, UH, THE HOODS, UH, EVERYTHING THAT'S REQUIRED TO PASS TO THE CITY.

UH, WE'VE ALSO EVEN, UH, BUILT FRAMES ALREADY FOR THE HAMMOCKS.

WE BUILT THE GATE.

WE BUILT, UH, WE'VE BUILT A, THE BIG SIGN THAT SAYS THE NAME OF THE, THE RESTAURANT.

THE ENTRANCE AT THE ENTRANCE.

SO MAYBE PROPERTY IMPROVEMENTS TO IMPROVE THE PROPERTY? YES, YES.

AND, AND WE, AND WE STILL HAVE MORE TO GO.

WE JUST STOPPED BECAUSE WE KIND OF GOT, AT A HOLD POINT, WE WANNA PUT TURF IN THERE AS WELL.

MAKE IT LOOK NICE.

PRESENTABLE.

SO, AND I'M ASSUMING Y'ALL CHOSE THIS LOCATION BASED ON THE FACT THAT SEVERAL BARS OR RESTAURANTS HAVE OPERATED THERE? YES.

OVER THE COURSE OF THE LAST DECADE.

WELL, WE THOUGHT, PLUS IT'D BE, WE THOUGHT IT'D BE EASY TO PERMIT AND GET GOING.

DONE, I I DID VOLUNTEER WORK THERE AND I KNOW HOW DIFFICULT IT IS FOR A LITTLE CHURCH, ESPECIALLY ONE IN, IN, IN OUR NEIGHBORHOOD.

WE FIGURED WITHIN THREE MONTHS WE'D BE UP AND ROLLING.

BUT IF WE'RE NOW EIGHT MONTHS IN AND WE HAVEN'T DONE ANYTHING YET.

SO IT IS INTERESTING TO ME THAT THE CHURCH NEVER HAD A PROBLEM OR COMPLAINED TO THE CITY PREVIOUSLY UNTIL THE CITY REACHED OUT TO THEM AND SAID, HEY, DO YOU HAVE A PROBLEM? WELL, DID WE REACH OUT TO THEM OR DID THEY REACH OUT TO US? WE'RE REQUIRED TO GIVE NOTICE WHENEVER THERE'S A REQUEST FOR A VARIANCE.

JUST LIKE WE GAVE NOTICE TO THE HEAD START, UH, PROGRAM WITH THE PROPERTY ON PRUITT.

WE REACHED OUT, UM, NUMEROUS LETTERS.

UH, WE HAND DELIVERED BECAUSE OF COVID.

WE WERE REALLY UNABLE TO GET AHOLD OF THEM, UM, UNTIL EARLIER TODAY.

THAT PLANNING, UH, WAS VERY HELPFUL IN FINDING A PHONE NUMBER.

SO WE CALLED THEM OR THEY CALLED US, UH, WE CALLED THEM, WHICH IS THE SAME THING THAT COUNCIL ASKED ME TO DO WITH HEAD START TO GO AND TALK TO THEM AND CALLED THEM AND MAKE SURE THAT WE HAD A COMMENT FROM THEM.

AND THEN I GUESS MY OTHER THOUGHT ON THIS IS, YOU KNOW, WE TALK ABOUT REDEVELOPING THAT SIDE OF TOWN ALL THE TIME AND HOW DIFFICULT IT IS.

AND AS SOMEONE WHO'S PERSONALLY LOOKED INTO INVESTMENT OPPORTUNITIES IN THAT AREA AND HAVE RUN INTO ISSUES WITH ARBITRARY CODES AND THINGS THAT JUST DO NOT MATCH UP WITH THAT AREA OF TOWN AND REDEVELOPMENT, I'M WONDERING IF THIS IS JUST ONE OF THOSE INSTANCES WHERE A VARIANCE WOULD MAKE SENSE.

I MEAN, THE CHURCH DIDN'T HAVE A PROBLEM WITH BARS OR RESTAURANTS BEING THERE SINCE 2006.

I JUST, I DON'T KNOW.

I'M THINKING, YOU KNOW, WE, WE REALLY WANNA REINVEST IN THAT SIDE OF TOWN.

I HATE TO MISS OPPORTUNITIES WHEN SOMEONE WANTS TO PUT $60,000 INTO IMPROVING A BUILDING ON WEST MAIN.

I MEAN, YOU WOULDN'T DO THAT IF YOU WEREN'T SERIOUS ABOUT IT SINCE 2004, IT'S HAD LICENSES 2004.

WELL, A A COUPLE OF THINGS COME TO MIND IS THAT, YOU KNOW, MAYBE THE CHURCH DIDN'T HAVE AN OPPORTUNITY BEFORE, UM, TO, TO REALLY COMPLAIN OR SAY ANYTHING BECAUSE THEY DIDN'T KNOW.

THEY DIDN'T KNOW WHAT TO, YOU KNOW, THAT THEY COULD REACH OUT OR MM-HMM .

YOU KNOW, THEY GOT THIS NOTICE AND NOW THEY HAVE THAT OPPORTUNITY.

SO I DON'T REALLY LAY BLAME ON, ON THE CHURCH OR, YOU KNOW, HEY, THEY DIDN'T COMPLAIN BEFORE, BUT YOU KNOW, THEY OBVIOUSLY PROBABLY DIDN'T KNOW AND NOW THEY HAVE THAT OPPORTUNITY TO SPEAK UP.

AND, UM, TWO, I THINK, UM, THIS DOES, WE ARE SETTING A PRECEDENCE, YOU KNOW, TO WHERE, YOU KNOW, IF, IF ANOTHER ESTABLISHMENT TRIES TO SET UP IT AT ANOTHER CHURCH, THEY HAVE THE EXAMPLE NOW THAT, YOU KNOW, WE ALLOWED IT IN THIS AREA.

UM, SO WE'RE DEFINITELY SETTING UP PRECEDENCE.

AND THEN, UM, THREE, YOU KNOW, UM, I THINK THIS REALLY SHINES A LIGHT TOO TO OUR, YOU KNOW, UM, I GUESS ENGAGEMENT WITH TRYING TO DEVELOP AREAS WHERE THEY'VE INVESTED ALL OF THIS MONEY AND THEY DIDN'T KNOW ABOUT THESE VARIANCES.

AND YOU KNOW, RICK AND I TALK ABOUT THIS ALL THE TIME, WHERE WE NEED TO BE A LITTLE BIT MORE PROACTIVE TO WORK WITH OUR BUSINESSES BEFORE THEY INVEST ALL THIS MONEY AND THEN HIT THESE TYPE OF ROADBLOCKS MM-HMM .

AND SO WE HAVE TO BE ABLE TO BE DOING THAT.

AND, AND I KNOW THAT, THAT WE'VE GOT BRETT, HE'S, HE'S DOING A GREAT JOB, BUT I THINK THAT, YOU KNOW, IN AREAS THAT WE KNOW THAT WE HAVE TO REVITALIZE, I, I FEEL THAT WE, WE DO NEED TO HAVE UM, I GUESS A BETTER CHECKPOINT AND BETTER PROCEDURES TO BE ABLE TO, TO DO THAT AND NOT HAVE RESIDENTS AND, UM, BUSINESS OWNERS LIKE THIS GO THROUGH ALL THOSE EXPENSES.

I HAVE A QUICK QUESTION.

MAYBE, MAYBE IT'S FOR, FOR LEGAL, BUT, UM, SO YOU SAID THAT THE CHURCH DOESN'T EVEN SHOW UP AS A CHURCH.

AND SO I GUESS MY QUESTION, WHAT MAKES A CHURCH A CHURCH IN A SENSE? 'CAUSE I'VE SEEN IT BEFORE WHERE, UH, AN INDIVIDUAL HAD A CHURCH AND THEY WERE LIVING IN A BUILDING THAT WAS VACANT AND DIDN'T HAVE ANY UTILITIES, BUT THEY WERE A CHURCH.

SO REALLY, HOW DO YOU, HOW DO WE LEGALLY, WHAT DO WE, WHAT DO WE MAKE A LEGAL CHURCH? HOW DO YOU MAKE A LEGAL CHURCH? I MEAN, CAN YOU DO THAT? 'CAUSE, BECAUSE IT SOUNDS LIKE THESE GUYS ALSO TRIED TO SEE WHAT'S IN THE AREA NOT THERE, .

AND SO, AND WE'RE NOT TRYING TO BE A PROBLEM WITH NO, I KNOW, BUT KEEP HEARING PROBLEM.

BUT YOU BROUGHT IT UP.

I MEAN, WHAT MAKES A CHURCH CHURCH, I WANNA HELP THEM OUT.

LIKE I, I DON'T KNOW.

I DON'T KNOW IF Y'ALL REMEMBER THE, THE, THE MISSION THAT WAS ON THE CORNER OF WEST MAIN IN PRUITT.

[00:35:01]

WE DON'T WANT TO BE A PROBLEM.

WE'LL BE THERE TO HELP THEM OUT.

IF ANYTHING, WE'LL BE THERE TO CONTRIBUTE.

UM, IF THEY NEED BENEFITS, YOU KNOW, WE, THEY'RE THERE TO HELP OUT.

WE'RE NOT TRYING TO BE A PROBLEM BY ANY MEANS.

WE WANT TO HELP THE COMMUNITY.

WE WANNA BE AN ISSUE TO THE COMMUNITY.

SO HOW DO WE DEFINE A CHURCH? SOMEBODY CAN ASK, ANSWER THAT DARREN.

WELL I THINK THAT WE LOOK AT THE OCCUPANCY, WHAT OCCUPANCY IS THERE.

WE LOOK AT THE, WHETHER THERE'S SIGN WAS, THERE'S CONGREGATIONS THERE, WHETHER THEY MEET THERE, WHETHER THERE'S SERVICES THERE.

AND I BELIEVE IN THIS CASE ALL THOSE.

I'M NOT SAYING IT DOESN'T, I JUST WONDERED HOW DO YOU REGISTER YOURSELF AS A CHURCH? I'M ASSUMING A TAX AGAINST STATUS FOR THE MOST PART.

BUT WE'VE SEEN THAT TOO.

AND WITH ONE PERSON SAID, JUST AS A, A POINT OF CLARIFICATION, MS. RAM MAYOR.

YEP.

UH, IT WAS SENT TO ME.

UH, THE FARTHEST THE DISTANCE FROM THE DOOR TO THE FARTHEST DOOR IS 238.5 FEET.

, JUST SOMETHING TO THINK ABOUT ALSO IS LIKE MS. BETTENCOURT TOUCHED ON, YOU KNOW, LISTEN, WE, WE, SINCE THIS REQUIRES A VARIANCE, COUNSEL ACTUALLY HAS THE OPPORTUNITY TO HAVE SOME INPUT.

WHICH MEANS MAKE THE CORRECTION COME BACK AS A RESTAURANT AND IT WILL BE PROBABLY LOOKED UPON A LITTLE DIFFERENTLY.

OR WE COULD GET A FLEA MARKET OR A TIRE SHOP OR SOMETHING ELSE THAT WE HAVE PLENTY OF THAT DOESN'T REQUIRE A VARIANCE AND DOESN'T GIVE COUNSEL THE OPPORTUNITY TO WEIGH IN WHATSOEVER.

SO, YOU KNOW, YOU HAVE TO LOOK AT THAT AS WELL.

AND I SEE IT AS AN OPPORTUNITY.

I DON'T LIKE THE SPORTS BAR TILL 2:00 AM GUYS BECAUSE OF THE PROXIMITY TO THE NEIGHBORHOOD BACK THERE.

THAT IS A NEIGHBORHOOD THING.

THAT'S NOT A CHURCH THING.

THAT'S A NEIGHBORHOOD THING FOR ME.

BUT IF IT WAS A RESTAURANT OPEN TILL MIDNIGHT, YOU SERVE FOOD AND ALCOHOL.

I'VE BEEN THERE A COUPLE OF TIMES.

I LOVE THE COURTYARD.

I THINK IT'S GREAT FOR IT.

I THINK YOU GUYS WILL BE SUCCESSFUL AND I THINK IT'S SOMETHING WE SHOULD TRY TO ENCOURAGE IN THE OLDER PART OF TOWN.

QUESTION.

THANK YOU COUNCILMAN.

WOULD IT BE POSSIBLE THEY SAY THE PERMIT CAME IN AND THEY CHECKED WITH FIRE PLANNING AND I BELIEVE ANOTHER GROUP WHEN WE HAVE SOMETHING LIKE THIS COME IN PIGGYBACKING OFF OF WHAT COUNCIL MEMBER ALVARADO SAID, UM, WHY NOT SWING IT BY BRETT'S OFFICE TO SEE IF HE CAN HAD SOME INPUT? 'CAUSE THAT MIGHT HAVE BEEN ANOTHER CHECKPOINT THAT MIGHT HAVE CAUGHT THIS ISSUE WITH IT SINCE IT IT'S NOT ON GOOGLE AND UM, HE COULD HAVE ACTUALLY GIVEN THEM SOME VALUABLE INPUT BEFORE IT EVEN CAME TO US.

WELL, IF IT'S NOT ON, THAT'S MY, THAT WAS MY KIND OF MY BASE OF MY QUESTION.

EVEN IF STAFF, IT DON'T MATTER WHO CHECKS IT, IF THEY, IF A CHURCH DOESN'T SHOW UP, THEN WHAT? IT'S INDICATED AS A CHURCH ON GOOGLE.

OH, OKAY.

SO KNOW I NEED TO JUST DOUBLE CHECK BECAUSE THIS CAME UP LAST TIME.

IF WE GRANT A VARIANCE TO THE DISTANCE REQUIREMENT, WE CAN'T HOLD THEM TO TIMES OR, OR, OR USES OR BEHAVIORS CAN WE? NO, WE'RE JUST GRANTING THE VARIANCE TO THE, THE LOCATION.

BASED ON THE APPLICATION THAT THEY SUBMIT.

BUT THEIR LICENSE OR WHATEVER THEY'RE REGISTERED FOR WOULD, WOULD DICTATE THE HOURS.

SO IF THEY CHANGE THEIR APPLICATION AND DEFINE IT AS A RESTAURANT WITH A DIFFERENT SORT OF ALCOHOL LICENSE, WE CAN HOLD 'EM TO THAT BECAUSE THAT'S WHAT THEY APPLIED UNDER.

CORRECT.

THAT'S WHAT THEY WOULD BE ALLOWED TO DO.

AND THAT'S WHAT I WAS ASKING, ARE YOU A RESTAURANT THAT SERVES ALCOHOL OR A BAR THAT SERVES FOOD? YEAH, SO IT DOES SAY ON, ON THE, UH, APPLICATION THAT'S 49 IS 49% ALCOHOL.

SO IT'S LESS THAN, IT'S MORE FOOD THAN ALCOHOL.

SO I THINK THAT THAT'S THE BEST AVENUE TO KIND OF CLEAN THIS UP.

I KNOW YOU'VE KIND OF WAITED, BUT, UM, I THINK YOU'LL BE MORE SUCCESSFUL WITH, UH, WITH PUTTING THE APPROPRIATE PAPERWORK AT OKAY.

UM, CORRECTLY.

AND THEN IT'LL COME BACK BEFORE COUNSEL AND THEN, UH, AT THAT POINT IT'S JUST A VARIANCE.

WHEN WOULD THAT BE THE NEXT TIME WE CAN ACTUALLY GET THIS DONE? SO HERE'S MY QUESTION.

WHAT DO WE DO WITH THE APPLICATION THAT'S ON THE TABLE? ON THE TABLE TODAY VERSUS A NEW APPLICATION? SO THEY CAN WITHDRAW THEIR CURRENT APPLICATION AND THEIR VARIANCE REQUEST AND SUBMIT A NEW OKAY, GUESS WE DON'T HAVE TO TAKE ANY ACTION.

WE JUST SUSPEND, SUSPEND IT.

AND IT CAN JUST DIE ON THE BIN.

AND THEN THE TIMELINE IS JUST FILE ITEM THREE B THREE C TO NOT TO EXCEED 60 DAYS.

THE SCOPE THAT IT COMPLIES WITH ALL OF OUR CODES AND ORDINANCES AND THEY SUBMIT THEIR RESPONSE BACK TO US.

WE HAVE A MOTION THEY WANT TO WITH IT.

SECOND, WE HAVE A MOTION TO SECOND.

ANY QUESTIONS OR COMMENTS? NO, UH, THEY ASKED ABOUT, OH, THE, THE TIMELINE.

SO IT'S JUST WHENEVER YOU GET IT, UM, COMPLETED, YOU SUBMIT IT BACK YOUR ENTIRE PACKET AND AS WE JUST, UH, MOTION THAT IT WOULD BE SOMEWHERE WITHIN THE, THE NEXT 60 DAYS.

OKAY, SOUNDS GOOD.

SO I'M ASSUMING THERE THAT'S THINK SO IF THEY SUBMIT A PACKET, DOES IT GO, IT GOES THROUGH THE PROCESS AGAIN OF DEPARTMENTS? WHAT IS THAT PRO? WHAT'S OUR PROCESS? TIMELINE? UH, WE RECEIVE IT, WE SUBMIT IT TO FIRE PLANNING AND BUILDING.

THEY REVIEW

[00:40:01]

IT DELAY WITH THE LAST TIME THEY HAD ISSUES GETTING INTO THE BUILDING.

SO AS LONG AS THEY MAKE IT ACCESSIBLE AGAIN, WE'LL BE ABLE TO MOVE A LOT QUICKER.

DO THEY HAVE TO PAY THE APPLICATION FEE AGAIN? THERE IS NO APPLICATION FEE FOR ALCOHOL PERMITS.

WELL THAT REALLY, THAT'S SURPRISED.

BUT ANYWAY.

SO I GUESS, UH, REALLY THE TIMELINE WILL BE DEPENDENT ON YOU AS SOON AS YOU PUT IT IN GETS MY MONDAY.

I'M NOT SURE WHEN OUR NEXT COUNCIL MEETING WILL BE, BUT YOU COULD POSSIBLY I KNOW IT'S THE SECOND, SHOULD BE THE SECOND THURSDAY IN OF THE MONTH, SO, OKAY.

SO I THINK THAT WE HAVE A MOTION ON THE TABLE TO SUSPEND.

SO ALL ALL IN FAVOR OF THAT PLEASE SAY AYE.

ITEM FOUR A CONSIDER RESOLUTION GRANTING THE PETITION OF FULLER THOMPSON 10 LIMITED FOR THE PROPOSED ANNEXATION APPROXIMATELY 17.61 ACRES LOCATED APPROXIMATELY 1,680 FEET EAST OF THOMPSON ROAD ADDRESS AS 2230 EAST INTERSTATE 10 ILLEGALLY DESCRIBED AS A PORTION TRACK.

ALL THIS OPPOSED? ALRIGHT, MOVING ON TO

[a. Consider a resolution granting the petition of Fuller Thompson Ten, Ltd, for the proposed annexation of approximately 17.61 acres, located approximately 1,680 feet east of Thompson Road, addressed as 2230 E Interstate 10, and legally described as a portion Tract 2T-1, Tract 2T, Tract 2R-1, Tract 2P, Tract 2D, Tract 2M, Block 2, Elena Fruit & Cotton Farms, Unit “D,” and Lots 1, 2, and 3, Taylors Place, Harris County, Texas.]

OH MY GOODNESS.

UH, TRACK TWO T DASH ONE, TRACK TWO T TRACK TWO R DASH ONE, TRACK TWO P, TRACK 2D, TRACK TWO M BLOCK, TWO ELENA FRUIT AND COTTON FARMS UNIT D AND LOTS.

1, 2, 3.

TAYLOR SPACE, HARRIS COUNTY, TEXAS.

GOOD EVENING AGAIN.

UH, AS YOU JUST READ, MR. MAYOR AND COUNSEL, UM, THIS IS A PETITION FOR ANNEXATION.

THE LONG DESCRIPTION, UH, THAT YOU READ IS INDICATIVE OF, THIS IS SEVERAL DIFFERENT PARCELS THAT, UH, A DEVELOPER IS TRYING TO ASSEMBLE.

UM, THEY'RE STILL WORKING ON ASSEMBLING MORE PARCELS IN THIS AREA, BUT THEY DID WANT TO GO AHEAD AND MOVE FORWARD WITH ANNEXATION.

UM, THEY'RE ALSO WORKING ON AZO REZONING FOR THE SAME, UH, PROPERTY.

UH, BUT WHAT, WHAT YOU'RE LOOKING AT IS, UM, DEVELOPMENT OFF OF THOMPSON ROAD AND I 10.

UM, IT'S THE SAME DEVELOPER WHO DID THE ENTIRE THOMPSON 10 DEVELOPMENT ON THE, UH, WEST SIDE OF THOMPSON.

AND THEY, THEY'VE BEEN ASSEMBLING THIS PROPERTY.

THEY'VE ACTUALLY BEEN WORKING ON THIS 17 ACRES FOR QUITE A FEW YEARS.

THAT'S ALL I HAVE.

CONSENT AGENDA, UH, ITEMS A THROUGH E.

UH, WELL I'LL TO ENTERTAIN A MOTION FOR, FOR ITEM FOUR A TO CONSIDER THIS RESOLUTION AS PRESENTED MOTION.

MOTION TO APPROVE ITEM FOUR A SECOND, THE MOTION TO SECOND.

ALL THOSE IN ANY QUESTIONS OR COMMENTS? ALL THOSE IN FAVOR? ITEM FOUR A PRESENTED, PLEASE SAY AYE.

[5. CONSENT All Consent Agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.]

I'M ASSUMING ALL ITEMS ARE GOOD TO BE VOTED ON.

THEY'RE AS CONSENT SOUGHT TO ENTERTAIN A MOTION FOR ITEM FOR ITEMS FIVE FIVE A THROUGH E.

MOTION TO APPROVE ITEMS FIVE A THROUGH E.

SECOND MOTION IS SECOND.

ALL THOSE IN FAVOR OF THE CONSENT AGENDA AS PRESENTED, PLEASE SAY AYE.

WE HAVE APPOINTMENTS ON ITEM SIX A CONSIDER APPOINTMENTS TO THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT.

THOSE OPPOSED? OKAY.

[6. APPOINTMENTS]

MS. BRI, THESE ARE FIVE REAPPOINTMENT.

YOU HAVE TWO, UM, CITIZEN, UH, THAT LIVE IN THE CITY LIMITS OF BAYTOWN.

MS. MARY HERNANDEZ AND MS. SUE HAYES RIOS AL ALVAREZ THAT ARE REQUESTED REAPPOINTMENT.

AND THEN, UM, BENTON COURT, HOSKINS AND SEL HAVE VOLUNTEERED.

THEY SERVE ANOTHER TERM UNTIL SUCH TIME AS THEY, THEY COME OFF OF COUNSEL.

AND THESE ARE THE SAME APPOINTMENTS FOR BOTH THE MDD AND THE PFC.

SO YOU CAN TAKE THE ITEM TOGETHER.

OKAY, SO WITH THAT THEN I WOULD ENTERTAIN MOTIONS.

A MOTION FOR ITEM SIX A AND B TOGETHER.

MOTION TO APPROVE ITEM SIX A AND B, SECOND MOTION TO SECOND.

ALL THOSE.

ANY QUESTIONS? REFUSALS? ALL THOSE IN FAVOR OF ITEM SIX A AND B AS PRESENTED, PLEASE SAY AYE.