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[00:00:01]

GOOD MORNING.

[ Roll Call  ]

THIS IS JEREMY MCDONALD, DEVELOPMENT SERVICES DEPARTMENT, CITY OF SAN ANTONIO.

I'M THE BOARD LIAISON FOR THE BUILDING RELATED FIRE CODES PILLS AND ADVISORY BOARD.

UH, WE'RE MEETING TODAY ON JANUARY 5TH, 2024.

I'LL TURN IT OVER TO THE CHAIR.

SURE.

THANK YOU, JEREMY.

GOOD MORNING, LADIES AND GENTLEMEN.

THE TIME NOW IS NINE 12 ON JANUARY 5TH, 2024.

MY NAME IS JACK UP MOORE AND I'M THE CHAIR OF THE BUILDING RELATED AND FIRE CODES APPEALS AND ADVISORY BOARD OF THE CITY OF SAN ANTONIO.

HEREBY CALL THIS MEETING INTO SESSION CHAIR.

CAN WE HAVE OUR INTERPRETERS READ THE INTERPRETATION SERVICES AVAILABLE FOR THIS MEETING? NO.

YOU'RE JUST MAKING A QUICK ANNOUNCEMENT TO LET PEOPLE KNOW THAT IT'S THERE.

SO WE ARE, UM, A TEAM OF, UH, TWO INTERPRETERS WITH WORLDWIDE, UH, LANGUAGES, AND I'M HERE TO INTERPRET, UH, FROM ENGLISH INTO SPANISH AND VICE VERSA IF NEEDED.

OKAY? THANK YOU.

OKAY, STAFF, CAN YOU PLEASE CONDUCT THE ROLL CALL LEWIS RECKLESS PRESENT.

JEFF BYER.

PRESENT.

RON ECKES.

JOHN MARTIN PRESENT.

GREG MCFARLAND PRESENT.

ADRIAN CANEZ.

MAX HOSFORD.

PRESENT.

SPENCER MSO? PRESENT? GARY KUNZ.

EDWARD DEL TORO? PRESENT.

ROBERT HANLEY? HERE.

ROBERT JONES.

LON COLBERTSON? HERE.

MICHAEL RUST? HERE.

BRIAN SMITH.

WILLIAM BURRIS.

PRESENT.

AND JACK UP MOORE HERE? NO, I DID TALK TO BRIAN SMITH.

I KNOW HE IS ON HIS WAY, SO HE'LL PROBABLY JOIN US A LITTLE BIT AND I'LL CALL HIM INTO THE RECORD, UH, WHEN HE ARRIVES.

OKAY, SO WE DO HAVE QUORUM CHAIR, LIKE TO REMIND EVERYBODY TO USE WHEN THEY'RE USING YOUR MICROPHONE, SPEAKING IN FOR THOSE AT HOME AND, AND RECORDING AT A AT ANOTHER TIME.

SO PLEASE SPEAK INTO YOUR MICROPHONE SO EVERYBODY CAN HEAR YOU WELL.

AND YOU HAVE TO HOLD THE BUTTON DOWN EXCEPT FOR YOURS.

YEAH, EVERYBODY'S GOT TO HOLD YOURS DOWN EXCEPT FOR MINE, SO I HAVE TO MAKE SURE TO TAKE MINE OFF SO YOU DON'T HEAR WHAT I'M SAYING.

,

[ Approval of Minutes  ]

HAS EVERYONE HAD A CHANCE TO REVIEW THE MEETING MINUTES FOR THE FULL BOARD MEETING ON MAY 31ST, 2023? THIS IS ROBERT HANLEY.

I MOVE APPROVAL AT JUST BEFORE.

OH, I'LL SECOND.

IT'S MIKE RUST.

UH, ONE QUICK CORRECTION ON PAGE THREE.

MY NAME IS SPELLED MARK INSTEAD OF MIKE.

SO WITH THAT, CORRECT, UH, IF YOU COULD MODIFY YOUR MOTION TO APPROVE WITH, UH, CORRECTION .

WE GOT MARRIED.

.

STEPH DOES APOLOGIZE FOR THE CLERICAL ISSUE.

SO WE HAVE A MOTION AND THE SECOND FOR THE MINUTES OF MAY 31ST, 2023 WITH THE ONE CORRECTION OF MARK TO MIKE.

ANY OTHER DISCUSSION? ALL IN FAVOR SAY AYE.

A AYE.

AYE.

ALL OPPOSED.

MOTION PASSES.

THANK YOU CHAIR.

SO PRIOR TO MOVING TO THE INDIVIDUAL ITEMS,

[ Public Comments  ]

ARE THERE ANY MEMBERS OF THE PUBLIC THAT HAVE SIGNED UP TO PROVIDE PUBLIC COMMENT? AND IF SO, WHEN THE STAFF CALLS YOUR NAME, PLEASE COME TO THE PODIUM AND STATE YOUR NAME AND ADDRESS BEFORE COMMENTING.

YEAH, YOU GOT IT.

AND THEN ALSO I'D, WE'D LIKE YOU TO PLEASE LIMIT YOUR COMMENTS TO THREE MINUTES TO, UH, MOVE THIS MEETING ALONG.

THANK YOU, CHAIR.

UH, WE DO HAVE SIX PUBLIC COMMENTS IN PERSON, AND THEN WE ALSO HAVE A FEW THAT WILL BE READ INTO THE RECORD AFTER, UH, THESE IN PERSON, UH, WE'LL START WITH, UH, JILL LEHMAN.

AFTER JILL WILL BE DIANA HOLLEN.

OKAY.

YES, MA'AM.

I JUST STATE YOUR NAME.

IT'S ALREADY ALIVE, SO YOU'RE GOOD

[00:05:01]

TO GO THERE.

DID YOU HAVE THE DOCUMENTS YOU WANT ME TO PRESENT? YES.

I JUST WANNA LET ME KNOW WHEN TO, UH, CITE THEM THROUGH THEM.

OKAY.

HERE, GIMME A SECOND BEFORE WE GET STARTED, MEL.

OKAY, START.

HI, MY NAME IS JILL LEHMAN.

UH, GIVEN THE, UH, TWO JANUARY HEARING NOTICE, UH, AND THE NON-AVAILABILITY OF OUR COLLEGE PARK SUBDIVISION, HOA BOARD MEMBERS, I'M REPRESENTING RESIDENTS OF OUR 40-YEAR-OLD SUBDIVISION COLLEGE PARK.

I'VE, I OWNED MY HOME AT 1 4 0 0 2 HOMAN COURT SINCE 1983, GIVING ME THE HISTORICAL KNOWLEDGE OF THE ONCE QUIET, CLEAN, ENJOYABLE COMMUNITY.

IN 2018, A SEVEN BUSINESS STRIP MALL WAS BUILT AT OUR COLLEGE PARK ENTRYWAY, WHICH IS AT BABCOCK AND UTSA BOULEVARDS.

ON THE OTHER CORNER IS A BAPTIST CHURCH.

THE ONLY THING BETWEEN THOSE TWO PROPERTIES, THE STRIP MALL AND THE CHURCH, IS A DRAINAGE EASEMENT.

SO WE'VE GOT LESS THAN A FOOTBALL FIELD BETWEEN THE BUSINESSES AND OUR FIRST CUL-DE-SAC STREET OF HOMEOWNERS VERY CLOSE PROXIMITY.

THE SANDBOX SPORTS BAR OPENED THE FALL OF 2018 AND IS THE LONGEST TENANT OF THE STRIP MALL.

THEY'RE LOCATED ON THE WEST END OF THAT STRIP MALL, WHICH MAKES THEM THE CLOSEST TO OUR FIRST SET OF HOMEOWNERS.

THEY'RE OPEN SEVEN DAYS A WEEK, INCLUDING HOLIDAYS TILL 2:00 AM AND PLAY LOUD OUTDOOR MUSIC.

THIS MUSIC IS HEARD BLOCKS AWAY.

MY HOUSE FRONTS HOME AND COURT.

THE BEDROOM SIDE OF MY HOUSE FRONTS UTSA BOULEVARD, THE MAIN THOROUGHFARE.

I HAVE THREE WINDOWS FACING THE STREET.

I CAN HEAR THE MUSIC IN MY BEDROOM ROOM STARTING AT 10 15 EVERY NIGHT UNTIL 2:00 AM PROBLEMS WERE HAD FROM THE START WITH THE PRESENCE OF THIS BAR AND PERSIST DESPITE MULTIPLE COMMUNITY MEETINGS, PROCTORED BY CITY REPRESENTATIVES BY DESIGN.

THE SANDBOX IS A BAR, CAPITAL LETTERS BAR WHOSE CASUAL DECOR, AMPLE FLOOR SPACE, POPULAR MUSIC INSIDE AND OUT, MULTIPLE TVS OR SPORTS COVERAGE, LACK OF A COVER CHARGE AND LIBERAL PROVISION OF ALCOHOL.

ALL SERVED TO ENTICE AND CATER TO THE UNDER, UNDER 25 AGE GROUP.

THEY CHOSE A LOCATION IN CLOSE PROXIMITY TO THE UTSA CAMPUS AS UTSA BOULEVARD ACTUALLY DEAD ENDS IN OUR SUBDIVISION AND MULTIPLE STUDENT HOUSING APARTMENT COMPLEXES, WHICH ARE ON UTSA BOULEVARD, BABCOCK ROAD AND HOUSEMAN ROAD.

EXCUSE ME, SIR.

THEY CHOSE, CHOSE THIS LOCATION FOR A REASON AND IT'S NOT, I'M DOING THE TIMEKEEPING AND WE HAVE HIT THE THREE MINUTES.

I, AND, AND IT'S NOT JUST SERVE FOOD.

APOLOGIZE FOR INTERRUPTING.

YEAH.

OKAY.

UH, I HAVE SOME, UH, UH, HANDOUTS TO PRESENT.

UH, I CAN.

OKAY.

THANK YOU.

THANK YOU.

THE ATTORNEY WAS DOING THREE THINGS.

NEXT CITIZEN TO BE HEARD IS DIANA HALAN.

GOOD MORNING.

MY NAME IS DIANA HALAN.

PLEASE SPEAK INTO THE MICROPHONE.

THANK YOU.

BETTER? YES, MA'AM.

OKAY.

UH, MY NAME IS DIANA HAVELIN.

I ALSO LIVE IN COLLEGE PARK.

I LIVE IN THE FIRST CUL-DE-SAC FROM THE BAR.

AND WHEN I FIRST

[00:10:01]

MOVED IN THERE, IT WAS A VERY NICE, QUIET NEIGHBORHOOD.

IT HAS GONE DOWNHILL.

IT'S AWFUL.

THE NOISE, THE DESTRUCTION, UM, THE DAMAGE THAT'S BEEN DONE.

THE, UM, I'VE HAD TO CALL POLICE THREE DIFFERENT TIMES JUST FOR MY HOUSE.

THEY PARK IN FRONT OF MY DRIVEWAY.

I CAN'T GET OUT IF I HAD AN EMERGENCY, OF COURSE, AT TWO O'CLOCK IN THE MORNING, I'M NOT GOING ANYWHERE.

BUT ANYHOW, UM, THEY'VE HIT MY MAILBOX, MY DESTROYED MY NEIGHBOR'S MAILBOX.

UM, YOU CAN, YOU GO OUT THAT GO OUTTA YOUR HOUSE AND THERE'S DRUNKS RUNNING AROUND ALL OVER THE PLACE YELLING AND SCREAMING.

IT'S JUST, IT'S NOT SAFE.

AND I'M OLDER AND I LIVE ALONE AND I DON'T LIKE THE WHOLE SITUATION AND IT SEEMS LIKE NOTHING'S BEING DONE ABOUT IT.

THE PREVIOUS, THERE WAS A PREVIOUS MANAGER, HE REALLY TRIED TO FIX THINGS AND HE WAS FIRED, UNFORTUNATELY.

SO NOW WE'RE BACK TO SAME OLD THING.

WE JUST WANT A, A SAFE, QUIET NEIGHBORHOOD TO LIVE IN.

THAT'S WHAT WE DESERVE.

THANK YOU.

THANK YOU.

NEXT PUBLIC COMMENT IS JARED DELAROSA, FOLLOWED BY JOSEPH WEY.

UM, ANGELA.

OH, GOTCHA.

I'M SORRY.

HI, MY NAME IS ANGELA DELAROSA AND I LIVE AT 7 5 0 3 UTSA DRIVE.

MY HUSBAND AND I AND OUR THREE KIDS HAVE LIVED THERE FOR ABOUT 13 YEARS.

UM, WE HAVE ATTENDED BOTH THE SANDBOX, UH, FOR LUNCH AND IN THE EVENING TIME, AND IT IS NOTHING MORE THAN A BAR.

UM, WHENEVER WE'VE GONE IN FOR LUNCHTIME, THEY ARE SERVING MORE ALCOHOL THAN THEY ARE FOOD AT, YOU KNOW, NORMAL LUNCHTIME HOURS.

WE'VE HAD THE SAME PROBLEMS. UM, THE PATRONS THAT, THAT ARE ATTRACTED TO THAT BAR, MY THREE KIDS HAVE UNFORTUNATELY SEEN EXPOSED MALES AND FEMALES IN OUR FRONT YARDS BECAUSE THEY'RE URINATING.

THEY DON'T KNOW HOW TO BEHAVE FROM BEING OVERSERVED AT THE BAR.

AND UNFORTUNATELY, MY THREE KIDS DO HAVE WINDOWS AT THE FRONT OF OUR HOUSE, SO THEY SEE EVERYTHING, THEY HEAR EVERYTHING, THEY'RE WOKEN UP ALL THE TIME.

IT'S A PROBLEM, UM, THAT UNFORTUNATELY IT, IT'S NOTHING MORE THAN A BAR.

UM, WE HAVE, I HAVE A VIDEO.

CAN WE SHOW, UM, HOW, DO YOU HAVE THAT FORMAT ON MY PHONE? NO, I GUESS IT'S UNDER THERE.

YEAH.

OKAY.

SO WE LIVE AT THE TOP OF A HILL, AND THIS IS JUST NORMAL TRAFFIC THAT WE DO EXPERIENCE THAT, UM, THIS IS JUST NORMAL TRAFFIC THAT WE EXPERIENCE, THAT IT'S, WE GET DRUNK PEOPLE STUMBLING UP THE HILL ALL THE TIME.

UM, THERE'S LACK OF, UM, LACK OF SECURITY, JUST LACK OF KEEPING PEOPLE IN ORDER.

UM, IT'S A LITTLE DIFFICULT TO SEE, BUT THE TRAFFIC GOES PAST OUR HOUSE.

UM, IT'S DISORDERLY.

THANK YOU.

THANK YOU.

UH, NEXT SPEAK IS JOSEPH WHALEY, FOLLOWED BY MIKE CASTANO.

GOOD MORNING.

UH, MY NAME IS JOSEPH.

WE, I AM A MEMBER AND ELDER AT BETHANY PRIMITIVE BAPTIST CHURCH, WHICH IS LOCATED ACROSS THE STREET ON THE CORNER OF UTSA AND BABCOCK.

AND, UH, I WANNA JOIN WITH, UH, THE OTHERS WHO ARE REQUESTING THE CFO TO BE CANCELED FOR THE SANDBOX BAR.

IT IS A BAR, IT IS NOT A RESTAURANT.

UH, SINCE THEY WERE ESTABLISHED IN 2018, OUR CHURCH HAS BEEN IMPACTED BY, UH, A NUMBER OF RELATED FACTORS, UH, DRUNKEN BEHAVIOR THAT HAS RESULTED IN PROPERTY DAMAGE, UH, REFUSE, UH, BEER BOTTLES, LIQUOR BOTTLES BEING THROWN ON THE PARKING LOT.

UH, CARS, UH,

[00:15:01]

PARKED IN THE GRASS, UH, OF OUR CHURCH LOT.

UH, IT HAS IMPACTED THE FUNCTION OF OUR CHURCH TO THE EXTENT THAT WE'VE HAD TO CANCEL MOST EVENING SERVICES THAT WE HAD REGULARLY ENGAGED IN PRIOR, BECAUSE OUR MEMBERS ARE AFRAID TO BE IN THE AREA AFTER EIGHT 30 OR NINE AT NIGHT.

UM, THE BEHAVIOR THAT WE'VE WITNESSED HAS BEEN NOTHING MORE THAN AN UNCONTROLLED, UH, DRINKING ESTABLISHMENT.

UH, THE PICTURE YOU JUST SAW FROM THE PREVIOUS SPEAKER IS TYPICAL OF EVERY THURSDAY, FRIDAY, SATURDAY, AND SUNDAY NIGHT WITH CARS PARKED ON THE, ON THE SIDE OF THE STREET, UH, GOING ALL THE WAY TO THE BACK OF THE COLLEGE PARK SUBDIVISION NEIGHBORHOOD.

UH, AND WHILE WE'VE BEEN ABLE TO MAKE SOME, SOME CHANGES WITH REGARD TO OUR CHURCH, UH, PARKING LOT AND PARKING ESTABLISHMENT THROUGH THE, THE HELP OF THE LANDLORD ACROSS THE STREET THAT HAVE IMPROVED OUR SITUATION, IT'S DONE NOTHING BUT CONTRIBUTE TO THE DISRUPTION OF THE NEIGHBORHOOD.

SO WE, UH, WE DEFINITELY, UH, ENDORSE THE IDEA OF, OF REMOVING THEM FROM, FROM OUR ENVIRONMENT.

WE WERE PREVIOUSLY, FROM OUR ESTABLISHMENT THERE ON THAT CORNER IN 1999 UNTIL 2018, A VERY PEACEFUL AND AND CALM NEIGHBORHOOD WITH A GOOD RELATIONSHIP BETWEEN THE HOMEOWNERS ASSOCIATION OURSELVES AND OTHERS.

AND THE DISRUPTION OF THE LAST FIVE YEARS HAS BEEN, UH, TREMENDOUS.

SO THANK YOU VERY MUCH.

APOLOGIZE, .

OH, NO, NO, NO PROBLEM.

THANK YOU.

THANK YOU.

UH, NEXT TO SPEAK IS MIKE CASTANO, FOLLOWED BY NICK SALINAS.

SEXUAL ASSAULT, DRUNK DISTURBANCE WITH GUNS, DISTURBANCE WITH FIGHTS.

NAME IT, IT'S THERE.

AND I, AND I, I'M KIND OF GOING QUICK 'CAUSE I HAVE THE THREE MINUTES.

UM, AT THAT POINT WE HAD 163 CALLS, PUSHED FORWARD TO THIS YEAR OF 2023, OVER 200 CALLS.

BUT NOT ONLY THAT, STILL HAVING THOSE 200 CALLS, WE'VE EVEN IMPLEMENTED THE, UH, CRIME UH, INITIATIVE PROGRAM WHERE WE HAVE THE POLICE CARS SIT OUT AT DIFFERENT HOTSPOT LOCATIONS TO TRY TO DETERRENT CRIME AND ACTIVITY, UNFORTUNATELY HAS NOT HELPED HERE MAYBE A LITTLE BIT, BUT WE'RE STILL HAVING THESE CALLS LOOKING IN THIS LOCATION.

IT HAS NEVER BEEN REPRESENTED AS A RESTAURANT OTHER THAN ON OUR C OF O.

OKAY.

KEEPS THE FOOD ESTABLISHMENT.

ONCE WE LOOKED INTO IT, I'VE CONTACTED TABC WHO WE WORK WITH VERY CLOSELY THROUGHOUT ALL THESE YEARS.

AND THEY RELATE TO ME THAT THEY DO NOT HAVE A FOOD AND BEVERAGE PERMIT, WHICH MEANS THEY'RE NOT OPERATING AS A RESTAURANT, THEY'RE OPERATING AS A BAR.

PLAIN AND SIMPLE, THAT'S ALL.

THEY'VE NEVER TAKEN OUT A PERMIT, THEY'VE NEVER TRIED TO GO AND LET THEM KNOW THEY ARE A RESTAURANT.

SO THIS WHOLE TIME THEY'VE BEEN OPERATING HAS BEEN AS A BAR.

UH, ONCE I LOOKED INTO IT FURTHER AND NOTIFIED MY COMMAND STAFF, WE THEN PROCEEDED TO FILE A PROTEST AGAINST THE BAR.

UP TO THIS DATE, IT IS STILL IN THE HANDS OF TABC AND THEY ARE STILL INVESTIGATING IT, UH, AND PUSHING FORWARD ON CERTAIN THINGS.

I CONTACTED 'EM YESTERDAY AND THEY SAID THAT'S THEIR LEGAL DEPARTMENT SAID THAT'S WHERE THEY'RE AT NOW.

SO IT'S STILL ON THE PROTEST URINATING STUFF.

THE LAST I'D SAY THREE MONTHS, WE HIT THAT PLACE REAL HARD.

OVER A HUNDRED CITATIONS OF PEOPLE URINATING, MEN, URINATING IN PEOPLE'S YARDS ON THE CARS IN THE NEIGHBORHOOD.

ANOTHER 150 CITATIONS FOR ILLEGAL PARKING.

UH, WE'VE CAUGHT PEOPLE IN THEIR CARS ABOUT TO HAVE SEX, RIGHT? SO WE'RE RUNNING THEM OFF 'CAUSE WE'RE TRYING TO FIGURE OUT DIFFERENT THINGS.

UH, IT'S JUST, IT'S JUST BAD OUT THERE.

ALRIGHT.

NOW THERE'S SOME OTHER LOCATIONS WITHIN THAT STRIP MALL TO SAY IT'S ALL SANDBOX.

I CAN'T SAY THAT, BUT I CAN SAY THAT IT'S VERY HIGH, THAT THE MAJORITY HAS BEEN BOXED ALL THESE YEARS.

THEY HAVE OPERATED AS A RESTAURANT, BUT THEY'RE BAR NO TWO WAYS ABOUT IT.

AND I'M NOT GONNA STAND UP HERE AND SAY, HEY, CLOSE 'EM DOWN OR ANYTHING LIKE THAT.

BUT THEY'RE NOT ZONED FOR THAT.

THERE'S NOT ZONED FOR THERE.

THEY CAN BE A BAR, BUT SOMEWHERE ELSE, NOT WHERE THERE'S A NEIGHBORHOOD MOVE TO A NEW LOCATION WHERE THERE'S A BAR ACTIVITY AND BAR ATMOSPHERE.

THERE'S PLACES THROUGHOUT THE CITY.

I KNOW WE WANT OUR BUSINESSES TO THRIVE AND, AND, AND, AND, AND BE SUCCESSFUL, BUT UNFORTUNATELY THIS LOCATION IS ZONED FOR RESTAURANT AND NOT A BAR.

SO, UM, JUST FROM THE POLICE DEPARTMENT'S POINT OF VIEW, WE'VE TAKEN ALL OUR STEPS TO PROTEST.

WE WITH CITY COUNCIL WORK WITH THE DEVELOPMENT SERVICES DIVISION, WHICH THEY'VE BEEN AWESOME.

AND THE CITY COUNCIL HAVE BEEN AWESOME IN ASSISTING US IN, IN ADDRESSING THIS SITUATION.

SO WE'RE JUST, WE'RE HERE TO HELP THE COMMUNITY AS ALWAYS FROM THE POLICE DEPARTMENT.

WE'RE HERE TO ASSIST IN WHATEVER'S NEEDED FROM US.

WE'RE READY TO, YOU KNOW, TO PITCH YOU IN TO TRY TO SOLVE THIS PROBLEM.

ANY QUESTIONS? ALRIGHT, THANK YOU.

THANK YOU, SIR.

OUR LAST, UH, PUBLIC COMMENT SIGNED IN IS NICK SALINAS.

GOOD MORNING, GENTLEMEN.

GOOD MORNING.

UH, MY NAME IS NICK SALINAS, OFFICER SALINAS, I WORK WITH THE, UH, SAFE UNIT FOR THE

[00:20:01]

SAN ANTONIO POLICE DEPARTMENT.

UH, WE'RE A COMMUNITY ENGAGEMENT UNIT.

UH, WE GO OUT AND HANDLE PERSISTENT ONGOING PROBLEMS WITHIN NEIGHBORHOODS, UH, HOMELESSNESS, YOU, YOU NAME IT.

ANYTHING THAT IS PERSISTENT, THAT'S WHAT I, THAT'S WHAT I DEAL WITH.

UM, I'VE BEEN ON THE UNIT FOR ABOUT A YEAR AND, UH, MY PREDECESSOR WARNED ME, UH, THAT THERE WAS GONNA BE A PRETTY BIG UNDERTAKING WITH, UH, THE, THE BARS IN MY AREA, UH, SPECIFICALLY SANDBOX AND A FEW OTHERS.

UM, WHEN I, UH, FIRST INITIATED CONTACT WITH EVERYBODY ABOUT THIS, WE HAD MEETINGS WITH THE CHURCH, WE HAD MEETINGS WITH SANDBOX, UH, CITY COUNCIL AND EVERYBODY IN BETWEEN, RIGHT, TO TALK ABOUT THE ISSUES THAT HAVE BEEN GOING ON WITH, UH, THE BARS AND THE, THE NEIGHBORHOOD THAT ARE RIGHT DOWN THE STREET.

UM, WE'VE, I WOULDN'T SAY EXHAUSTED ALL POSSIBILITIES OF, UM, OF MAKING THIS A, A BETTER SITUATION.

BUT THE PLAIN, UH, THE PLAIN FACT IS THAT IN THE TIMES THAT I HAVE BEEN INTO THE SANDBOX OVERNIGHT, THE OPERATIONS THAT, THAT, UH, WE HAVE RUN TOGETHER IN TANDEM WITH VICE, UH, WHEN I'M IN THERE AS UNIFORM PRESENCE.

OUR, OUR JOB WHEN WE GO IN WITH UNDERCOVER DETECTIVES IS TO MAKE SURE THAT THOSE UNDERCOVER DETECTIVES ARE OKAY AND TO BE VIGILANT.

AND WHAT I'VE SEEN IN, UH, LOOKING AROUND WHILE BEING IN THERE IS NOT AN OUNCE OF FOOD BEING SERVED.

UM, JUST A LOT OF ALCOHOL AND A LOT OF INTOXICATED INDIVIDUALS.

UM, SO WITH THAT, I KNOW THIS, THIS, UH, THIS MEETING IS PARTICULARLY ABOUT THAT THEM RUNNING, UH, BEING A, A RESTAURANT, BUT ALSO BEING ALMOST 100% A BAR.

UM, I, YOU KNOW, ON A PERSONAL LEVEL, I FEEL FOR THE, THE INDIVIDUALS THAT ARE IN THE NEIGHBORHOOD, UM, JUST AS EVERY ONE OF YOU OWN A HOME, IF YOU WERE BEING WOKEN UP AT 2, 3, 4 IN THE MORNING WHILE PEOPLE WERE GETTING LET OUT OF A BAR, UH, IT WOULD TAKE A TOLL AND IT'S A LOT EASIER TO RELOCATE A BUSINESS THAN IT IS TO RELOCATE YOUR FAMILY.

UM, ESPECIALLY IF IT'S A FAMILY HOME, RIGHT? THERE'S A LOT OF SENTIMENT AND, AND UH, I THINK EVERY ONE OF US KNOWS THAT.

SO THAT, UH, THAT IS ALL FOR ME.

THANK YOU.

THANK YOU VERY MUCH.

I SIGNED THE WRONG PAPER, I THINK.

OH, OKAY.

OKAY.

I'M SORRY, CHAIR.

WE DO HAVE ADDITIONAL COMMENT, UH, THAT CAME IN.

UH, THERE WAS SOME CLERICAL ISSUE ON OUR END, BUT WE DO HAVE ONE MORE.

IS IT ONE OF THESE? ANYBODY? YEAH, THAT'S IT.

UM, IT'S UH, GEN ENTER TWO.

SO I'VE GOT THREE MINUTES.

I JUST WANNA INTRODUCE MYSELF FIRST.

MY NAME IS GENTER TWO AND I'M A REPRESENTATIVE FOR THE DEAF COMMUNITY IN SAN ANTONIO AND I'M ALSO INVOLVED IN THE DAAC, THE DISABILITY ACCESS COMMUNITY.

AND UM, SO I'VE BEEN TRYING TO GET THINGS STARTED WITH ALSO THE HEAD START PROGRAM.

UM, SO THAT'S JUST A LITTLE BIT ABOUT ME.

I'M HERE TODAY, UH, FOR MY THREE MINUTES.

I'D LIKE TO LET YOU GUYS KNOW I'VE GOT A COMPLAINT ABOUT THE FIRE CODE SITUATION.

THERE'S A LOT OF ISSUES WITH THE DEAF AND HEART OF HEARING COMMUNITY, SPECIFICALLY WHEN HOUSES OR DEVELOPMENTS ARE GOING UP.

THEY AREN'T DESIGNED FOR UH, DEAF INCLUSION, THEY DON'T HAVE VISUAL SMOKE ALARMS, YOU KNOW, BRAND NEW BUILDINGS.

THEY SHOULD AUTOMATICALLY HAVE FIRE ALARMS THERE.

THAT'S A STANDARD.

UM, LIKE FOR EXAMPLE FOR BUSINESSES, IT'S JUST ALREADY A STANDARD THAT YOU GUYS IMPLEMENT THE SMOKE AND FIRE ALARMS THAT ARE VISUAL, BUT FOR PEOPLE WHO ARE BUYING THEIR HOUSES, THEY HAVE TO GO THROUGH OTHER THIRD PARTY COMPANIES.

THEY'RE NOT JUST PROVIDED AUTOMATICALLY.

AND THERE ARE SOME DIFFERENT OPTIONS.

I'VE GOT PICTURES OF A STROBE FIRE ALARM NOW THIS IS JUST AN EXAMPLE.

IT WILL CONNECT TO THE, THE ELECTRICAL SYSTEM AND IT'S DESIGNED FOR SMOKE AND FIRE AND CARBON DIOXIDE OF COURSE.

AND IT'S NOT ONLY DESIGNED FOR THE DEAF COMMUNITY, IT'S FOR VETERANS OR SENIORS WHO ARE ALSO LOSING THEIR HEARING.

AND IT'S JUST SOMETHING THAT I'D LIKE YOU GUYS TO CONSIDER FOR NEW BUILDINGS AND ESTABLISHMENTS AND HOUSES TO REQUIRE THAT, YOU KNOW, IT'S A SAFETY FEATURE.

UM, THANK YOU FOR LISTENING, I APPRECIATE YOU.

ALRIGHT CHAIR.

SO THAT IS CONCLUDES ALL OF THE, UH, PUBLIC COMMENTS THAT SIGNED UP IN PERSON.

UH, WE DO HAVE THE, UH, ROUGHLY 20, UM, ELECTRONIC, UH, PUBLIC COMMENTS THAT CAME IN PRIOR THAT WE'LL, UH, READ INTO THE RECORD.

[00:25:10]

DEAR APPEALS AND ADVISORY BOARD, THE TRUSTEES OF THE COLLEGE PARK NEIGHBORHOOD ASSOCIATION WOULD LIKE TO SUBMIT THE FOLLOWING INFORMATION FOR CONSIDERATION WHEN REVIEWING THE ABOVE REFERENCED APPEAL BY THE SANDBOX BAR.

THE CPNA HAS RECEIVED NUMEROUS COMPLAINTS FROM RESIDENTS OF COLLEGE PARK REGARDING THE SANDBOX BAR THROUGHOUT THE TIME THAT THEY HAVE BEEN IN BUSINESS.

AT THE ENTRANCE TO THE NEIGHBORHOOD, THE MAIN COMPLAINTS HAVE BEEN NOISE DISTURBANCES FROM THE BAR'S, OPEN AIR ROOFTOP MUSIC VENUE DISTURBANCES CAUSED BY THE MINI BAR PATRONS PARKING ON RESIDENTIAL STREETS IN THE NEIGHBORHOOD, AND A AND CRIMINAL ACTIVITIES OF THE BAR.

PATRONS, INCLUDING SEVERAL INVOLVING FIREARMS ARE DAMAGED TO RESIDENTIAL PROPERTY AND VEHICLES.

THE NATURE OF THE COMPLAINTS AND THE FACT THAT MANY OCCUR NEAR THE BAR'S CLOSING TIME OF 2:00 AM CLEARLY DEMONSTRATE THAT THE SANDBOX BAR IS OPERATED AS A BAR THAT MAY ALSO SERVE SOME FOOD AND NOT AS A RESTAURANT.

OUTSIDE MUSIC DISTURBANCE, THE SANDBOX IS LOCATED AT THE ENTRANCE TO THE COLLEGE PARK NEIGHBORHOOD AND ONLY A SHORT DISTANCE ACROSS A DRAINAGE DITCH FROM RESIDENTIAL PROPERTIES.

AS, AS SOON AS THE SANDBOX BAR BEGAN INVESTIGATING DJS AND PLAYING MUSIC AT THE ROOFTOP VENUE, THE C-E-P-N-A BEGAN RECEIVING COMPLAINTS ABOUT THE LOUD MUSIC WAS KEEPING RESIDENTS UP AT NIGHT UNTIL 2:00 AM WHEN THE BAR CLOSES.

THE MUSIC WAS PLAYED MULTIPLE NIGHTS OF THE WEEK AT THE MAXIMUM VOLUME ALLOWED BY THE CITY ORDINANCE AND SOMETIMES IN EXCESS OF THAT MAXIMUM.

THE TERRAIN OF THE NEIGHBORHOOD AND SUCH IS SUCH THAT THE NOISE WAS DISTURBING RESIDENTS WITH HOUSES UP TO SEVERAL BLOCKS AWAY FROM THE BAR.

THE LATE NIGHT NOISE DISTURBANCE UNTIL 2:00 AM IS AN ISSUE ASSOCIATED WITH A BAR VENUE, NOT A RESTAURANT DISTURBANCES BY PAR PA BY BAR PATRONS.

DUE TO THE INADEQUATE PARKING IN THE STRIP MALL WHERE THE SANDBOX BAR IS LOCATED, THERE HAVE BEEN CONTINUOUS DISTURBANCES CAUSED BY THE BAR PATRONS WHO PARK IN THE NEIGHBORHOOD WITH THE OPENING OF THE SECOND BAR NIGHTCLUB IN THE SAME STRIP MALL.

THIS PROBLEM HAS BEEN EVEN FURTHER EXASPERATED THE BAR PATRONS PARK ALL THE WAY UP.

UTSA DRIVE IN THE ADJACENT CUL-DE-SACS IN COLLEGE PARK.

THE BULK OF THE BAR PATRONS ARRIVE NEAR MIDNIGHT AND STAY UNTIL AFTER THE SANDBOX CLOSES AT 2:00 AM THE ACTUAL PARKING OF SO MANY VEHICLES HAS CAUSED COMPLAINTS FROM RESIDENTS WHEN BAR PATRONS, BLOCK DRIVEWAYS, DRIVE OVER LANDSCAPING, ET CETERA.

HOWEVER, THE BIGGER PROBLEM HAS BEEN THE BEHAVIOR OF THE BAR PATRONS.

SOME OF THE MORE COMMON COMPLAINTS RECEIVED BY THE CPNA FROM RESIDENTS HAVE INCLUDED BAR PATRONS, URINATING, VOMITING, PASSING OUT, AND THROWING LITTER IN RESIDENCE YARDS.

WE HAVE ALSO HAD SEVERAL COMPLAINTS OF BAR PATRONS KNOCKING ON RESIDENTS DOORS IN THE MIDDLE OF THE NIGHT, IN LEAST ONE CASE OF A BAR PATRON ENTERING A BACKYARD AND ATTEMPTING TO ENTER A RESIDENCE'S HOME.

THESE BEHAVIORS, ESPECIALLY IN THE MIDDLE OF THE NIGHT, ARE INDICATIVE OF INTOXICATED BAR PATRONS HEADING HOME, NOT THOSE OF DINNER DINERS AT A RESTAURANT CRIMINAL ACTIVITIES.

AND IN ADDITION TO THE ROUTINE LITTERING AND DISTURBANCES, THESE, THERE HAVE ALSO BEEN SEVERAL MORE SERIOUS INCIDENTS INVOLVING BAR PATRONS.

JUST RECENTLY, A BAR PATRON WAS SHOT WHILE WALKING INTO THE NEIGHBORHOOD AFTER LEAVING THE WOOD STRIP MALL, THERE HAVE BEEN ALTERCATIONS BETWEEN BAR PATRONS IN THE NEIGHBORHOOD AND IN THE STRIP MALL PARKING LOT.

SEVERAL BAR PATRONS HAVE CRASHED IN, CRASHED INTO RESIDENTIAL CARS AND MAILBOXES IN THE MIDDLE OF THE NIGHT, PRESUMABLY AS THEY ATTEMPT TO LEAVE THE NEIGHBORHOOD AFTER DRINKING AT THE BAR.

MOST OF THE COMPLAINTS WE HAVE RECEIVED ARE CLEARLY ASSOCIATED WITH THE OPERATION OF A NIGHTCLUB OR BAR, NOT A RESTAURANT.

THE BULK OF DISTURBANCES HAVE HAPPENED BETWEEN MIDNIGHT AND 2:00 AM ALSO, RESIDENTS HAVE NOT OBSERVED MANY PATRONS AT THE SANDBOX OR ANY PARKING OF THE BAR PATRONS IN THE NEIGHBORHOOD OUTSIDE THESE HOUSE, THESE HOURS THAT WOULD INDICATE IN ANY REAL RESTAURANT TRAFFIC DURING NORMAL LUNCH OR DINNER HOURS.

ON BEHALF OF THE COLLEGE PARK NEIGHBORHOOD ASSOCIATE RESIDENCE, WE RESPECTFULLY REQUEST THAT THE BOARD CONSIDERS THE CONTINUOUS DISTURBANCE THAT WE HAVE ENDURED DUE TO THE INAPPROPRIATE OPERATION OF THE SANDBOX BAR AS A NIGHTCLUB BAR WITHOUT ADEQUATE PARKING AS SUCH, CLOSE PROXIMITY TO A RESIDENTIAL NEIGHBORHOOD.

RESPECTFULLY.

DEBORAH CAMPION, TRUSTEE RACHEL GRAVES TRUSTEE.

SORRY, CHAIR.

I'VE JUST CLOSED THE, WHAT I NEED TO HAVE OPEN.

GIMME ONE SECOND.

CAN YOU GET 'EM READ IN THREE MINUTES? UM, ALL OF THEM IN THREE MINUTES? NO, NO, NO, NO.

EACH ONE.

OH, EACH ONE OF THEM WITHIN THREE MINUTES? YEAH, I SHOULD BE ABLE TO.

OKAY.

I I HAVE MY TIMER GOING AS WELL.

JUST TO KEEP JEREMY THANK YOU IN LINE.

YES, PLEASE DO.

SINCE WE ARE READING M AND HE'S SPEED, SPEED TALKING.

UH, LAURA NEIGHBORHOOD CONCERNS TOP SEVEN ITEMS FROM POLL FROM THOSE WHO WOULD NOT ATTEND MEETING, PLEASE PRESENT ADHERING TOMORROW.

FOOD NOT HARDLY, UH, 50% MASSIVE BOO BOOZE CONSUMPTION, CASH TO SKEW REALITY, MULTIPLE SERVING BARS, UH, COUCHES NIGHT, WILD ESTABLISHMENT, NIGHTCLUB LIMITED DINING AREA AND

[00:30:01]

TIMES A LOT EMPTY AT TRADITIONAL LUNCH, UH, DINNER TIMES.

TABC KNOWS ALCOHOL SALES, UH, FOOD OF SMALL FRACTION GUNFIRE AND OTHER ILLICIT ALCOHOL CONSUMPTION INDUCED ACTIVITIES.

TABC DISCUSSING VERY LOUD MUSIC, DRUNKEN ACTIVITIES, SNACKS ONLY FOOD NOT AVAILABLE LATE NIGHT TILL 2:00 PM PLUS GIRLS AND GUYS URINATING TILL WEE HOURS IN THE MORNING.

THEY'RE NOT TINK, THEY'RE NOT TINKLING.

FOOD HEAVY DRINKERS GALORE OVER, OBSERVE, OVER SERVED.

HUGE PROBLEMS AND SAFETY ISSUES OVER TIME.

REGARDS DOUG AND THE NEIGHBORS.

OKAY, PLEASE SAVE OUR NEIGHBORHOOD AND SHUT DOWN THE SANDBOX BAR.

I LIVE ON FOOTHILLS COURT AND I HAVE TWO YOUNG DAUGHTERS WHO RESIDE WITH ME.

I FEEL THAT OUR NEIGHBORHOOD HAS TURNED, OUR NEIGHBORHOOD HAS TURNED FROM THE WORST OVER THE LAST 14 YEARS.

I HAVE OWNED MY HOUSE.

I HAVE PLENTY OF PICTURES OF TRASH PILEUPS IN MY YARD ALONG WITH POLICE REPORT OF A DRUNK PATRON FROM THE SANDBOX TRYING TO GET INTO MY HOUSE AFTER THE BAR CLOSED AND HE WAS HIGHLY INTOXICATED.

I'M A SINGLE MOM AND MY DAUGHTER'S SAFETY AND MY OWN SAFETY IS MY OWN MAIN CONCERN.

I DO NOT FEEL SAFE IN MY OWN HOME ANYMORE.

I HAVE RESORTED TO OBTAIN MY CONCEALED HANDGUN LICENSE.

IN ORDER TO BETTER PROTECT MY DAUGHTERS AND MYSELF.

PLEASE HELP PROTECT MY DAUGHTERS AND MYSELF FROM THE BAR AND THEIR DRUNK PATRONS.

THANK YOU VERY MUCH.

RENEE C GARCIA.

TO WHOM IT MAY HAVE CONCERNED, MY HUSBAND AND I BROUGHT OUR HOME AND BOUGHT OUR HOME IN COLLEGE PARK IN 2017.

WE ARE BOTH UTSA GRADUATES AND ARE BOTH UNDER AGE 35 RELATIVELY YOUNG HOMEOWNERS WHO HAVE FRIENDS WHO REGULARLY GO TO BARS AND CLUBS.

WE HAVE NO PROBLEM WITH BAR GOERS OR CLUB ESTABLISHMENTS, THOUGH WE TYPICALLY DO NOT GO TO OUT TO PARTIES OURSELVES.

WHEN THE SANDBOX MOVED INTO COLLEGE PARK, OUR PEACEFUL NEIGHBORHOOD CHANGED DRASTICALLY.

WE REGULARLY SPEND OUR EVENINGS AT HOME LISTENING TO OBNOXIOUS LOUD MUSIC PEOPLE SHOUTING AND CROWDS PARKING UP AND DOWN UTSA BOULEVARD RIGHT OUTSIDE OUR HOME.

THE AMOUNT OF VOMIT BEER AND SELTZER CANS, EMPTY SHATTERED GLASS, BOTTLES OF LIQUOR, FAST FOOD, RUBBISH AND BROKEN CAR WINDOWS THAT LITTERED.

OUR STREETS ARE STRICTLY DUE TO THE SANDBOXES CLIENTELE.

MY HUSBAND AND I KNOW NOW SPEND OUR MORNING SWEEPING OUT GLASS, PICKING UP TRASH HOUSING OFF VOMIT, AND MAKING POLICE REPORTS WHEN WE FIND LOST STOLEN GOODS DISCARDED ALL OVER THE NEIGHBORHOOD UNTIL WE PETITIONED THE CITY TO INSTALL NO PARKING SIGNS IN OUR CUL-DE-SAC.

WE ALSO REGULARLY HAD CARS PARKING IN OUR FRONT OF OUR DRIVEWAYS AND BLOCKING US IN.

WE HAVE HAD TO HAVE PRIVATE SECURITY PROVIDED TO US DUE TO THE VOLUME OF PEOPLE FLOODING OUR NEIGHBORHOOD AND EVEN A DRUNKEN SHOOTING INCIDENT.

IT ONLY TAKES ONE CH GLANCE AT THE NEIGHBORHOOD'S SANDBOXES INSTAGRAM PAGE TO SEE THE ESTABLISHMENT.

IT'S NOT CLEARLY NOT A RESTAURANT IN THE SLIGHTEST.

IT IS A CLUB THAT WOULD, THAT COULD PERHAPS PASS AS A BAR.

WHEN BUSINESS IS SLOWER DURING THE WEEKDAYS ON THE WEEKENDS, IT IS STRICTLY A CLUB WHERE CROWDS SHOW UP AT 11:00 PM AND DRINK HEAVILY UNTIL 2:00 AM WHILE DANCING TO A DJ PLAYING MUSIC AT DECIBELS HIGH ENOUGH TO MAKE, TO SHAKE THE SHELVES INSIDE OUR HOMES.

THEY SPECIFICALLY ADVERTISE DJS, MUSICAL GUESTS AND OTHER ELEMENT PARTY ELEMENTS TO DRIVE YOUNG PEOPLE TO ATTEND EACH WEEKEND.

THE OWNERS OF THE SANDBOX SHOULD HAVE CONSIDERED THE RAMIFICATIONS OF OPENING A BAR CLUB IN RESIDENTIAL NEIGHBORHOOD.

AS A BUSINESS OWNER MYSELF WITH A BRICK AND MORTAR HERE IN SA, I UNDERSTAND HOW FRUSTRATING THIS MUST BE FOR THE BAR OWNERS, BUT THIS IS PART OF THE BASIC DUE DILIGENCE.

IF THEY HAD ENOUGH PARKING SPACE TO REASONABLY FOR THEIR OWN PATRONS LIKE OTHER CLUBS DO, THIS WOULDN'T BE AN ISSUE.

SANDBOX PATRONS SHOULD NOT BE ALLOWED TO PARK UP THE HILL OF UTSA BOULEVARD OR IN CUL-DE-SACS AND SHOULD BE RESTRICTED TO PREMISES OF THE SANDBOX PARKING LOT.

THE OWNERSHIP SHOULD BE THE ONES MANAGING THE TRASH, VOMIT AND VANDALISM OF PRIVATE PROPERTY, NOT THE RESIDENCE OF COLLEGE PARK.

IT'S A CERTIFICATE OF OCCUPANCY IS BASED ON SUCH A ON BEING A RESTAURANT, THEY SHOULD BE SHUT DOWN IMMEDIATELY.

THIS IS A FRAUDULENT STATUS AND THEIR OPERATION SHOULD BE MOVED TO A LOCATION THAT CAN MANAGE HIGH VOLUME OF CLUB GOERS AND THEIR NOISE AND VANDALISM.

THANK YOU.

WHITNEY KEENER HAMMOND COURT 7 8 2 4 9.

HELLO, I'M A RESIDENT OF COLLEGE PARK AND HAVE BEEN DISPLEASED WITH THE OPERATIONS OF THE SANDBOX.

THERE HAS BEEN LOUD NOISE LATE IN THE NIGHT DUE TO PEOPLE COMING IN AND OUT.

MY WINDOW IS RIGHT BY THE STREET SO I CAN EVEN HEAR PEOPLE LATE IN THE EVENING AROUND ONE OR 2:00 AM BEING LOUD AND OBNOXIOUS.

THE SANDBOX IS A BAR.

PEOPLE ACT OUT IN THE STREET WHEN THEY LEAVE AND WHEN I WALK OUTSIDE MY HOUSE I SEE BEER CANS AND BOTTLES ON MY LAWN.

PEOPLE ARE CLEARLY GETTING INTOXICATED AND DISTURB DISTURBING THE NEIGHBORHOOD.

I WAS ALMOST SEVERELY INJURED DUE TO THE SANDBOX.

WE HAD THIEVES COME IN AND RAID VEHICLES DUE TO THE MASSIVE AMOUNT OF PEOPLE PARKING ALONG THE STREET.

IN AN INCIDENT WHERE ROBBERS HAD COME AND FLED THE SCENE IN A HURRY, ONE OF THEM PULLED A GUN OUT AND STARTED SHOOTING.

BULLETS FLEW BY ME AT DANGEROUS CLOSE RANGE.

I RAN AND HID FOR COVER AND CALLED AUTHORITIES.

THE FACT THAT THE BAR STILL CONTINUES TO OPERATE UPSETS ME AND I RECEIVED LITTLE HELP AFTER THAT INCIDENT.

I AM VERY AWARE OF ONLY ONE OF THE SEVERAL INCIDENTS OCCURRING IN THE SANDBOX WHERE MANY PEOPLE HAVE ACTUALLY

[00:35:01]

BEEN HURT OR INJURED.

PLEASE PUT AN END TO THE OPERATION OF THE BAR FOR THE SAFETY AND PEACE OF COLLEGE PARK.

IF YOU NEED ANY FURTHER INFORMATION, PLEASE CONTACT ME.

THANK YOU.

DEREK VASQUEZ.

13 9 11 FOOT HILLS COURT STREET.

I WRITE TO YOU TODAY AS A DEDICATED MEMBER OF OUR COMMUNITY IN SAN ANTONIO, SHARING MY HEARTFELT CONCERNS AND VISION FOR A FIGHT BRIGHTER FUTURE FOR OUR BELOVED NEIGHBORHOOD.

I FIRMLY BELIEVE THAT WITH OUR LEADERSHIP, WITH YOUR LEADERSHIP AND OUR COLLECTIVE EFFORTS, WE CAN CAN TRANSFORM OUR COMMUNITY INTO A PLACE WE CAN TRULY BE PROUD OF.

WE ALL TAKE IMMENSE PRIDE IN OUR CITY, OUR HOMES, AND OUR YARDS.

IT'S THIS SENSE OF PRIDE THAT FUELS OUR COMMITMENT TO MAINTAINING AND ENHANCING OUR PROPERTIES WITH A PRIMARY FOCUS ON SAFETY FOR OUR FAMILIES AND THE WELLBEING OF OUR COMMUNITY.

WE ARE DEEPLY INVESTED IN INSURING A SECURE AND HARMONIOUS ENVIRONMENT, NOT ONLY FOR ALL OURSELVES BUT FOR THE GENERATIONS TO COME.

HOWEVER, THERE IS A SIGNIFICANT HURDLE ON OUR PATH TO REALIZING THE VISION.

THE SANDBOX BAR, WHILE IT MAY HAVE STARTED AS SOMETHING DIFFERENT, HAS NOW EVOLVED INTO A CLUB THAT IS CAUSING PROFOUND DISTURBANCES AND ENDANGERING THE FABRIC OF OUR COMMUNITY.

WHEN MY FAMILY AND I MOVED INTO OUR HOME IN 2021 SET IN THE FIRST CUL-DE-SAC IN THE COLLEGE PARK NEIGHBORHOOD NEAREST THE BAR WE HAVE, WE WERE THRILLED WITH THE PROSPECT OF BEING PART OF A SAFE, HARMONIOUS, AND WELCOMING COMMUNITY.

REGRETTABLY, OUR DREAMS QUICKLY TURN INTO SLEEPLESS NIGHTS FILLED WITH SOUNDS OF LOUD MUSIC, PHYSICAL FIGHTS BREAKING OUT AND UPON MULTIPLE OCCASIONS GUNSHOTS.

WE'VE WITNESSED THE NEXTDOOR CHAOS OF CAR BREAK-INS AND RECKLESS BEHAVIOR THAT CAUSE PAUSE POSES A CONSTANT THREAT TO OUR NEIGHBORHOODS AND OUR HOMES.

PEACE AND SECURITY.

IT'S DISHEARTENING TO ALSO NOTE THAT THE SANDBOX SEEMS TO OPERATE WITH LITTLE REGARD FOR ESTABLISHMENT NOISE REGULATIONS.

THIS RE DISREGARD DISRUPTS OUR LIVES, PARTICULARLY OUR SUNDAYS A DAY MEANT FOR RESTING REFLECTION.

WE'VE EVEN HAD TO ENDORSE FIREWORKS DURING OFF DANGEROUS DANGEROUSLY CLOSE TO OUR HOMES, PUTTING OUR SAFETY AND PROPERTY AT RISK.

WHAT TROUBLES US THE MOST IS THE NEGATIVE INFLUENCE THE SANDBOX BAR HAS ON OUR COMMUNITY.

IT ATTRACTS INDIVIDUALS WHO DO NOT VALUE OUR NEIGHBORHOOD, THE CITY, OR THE GREATER GOOD.

THIS HINDERS OUR COLLECTIVE EFFORTS TO UPLIFT OUR COMMUNITY, RAISE OUR CHILDREN IN A SAFE ENVIRONMENT, AND FOSTER A SENSE OF CIVIC RESPONSIBILITY AMONG OUR RESIDENTS.

IN LIGHT OF THESE CONCERNS, I IMPLORE YOU TO CONSIDER THE RECONSIDER THE SANDBOXES CERTIFICATE OF OCCUPANCY.

WHILE IT MAY HAVE SEEMED TO OPEN AS A DIFFERENT TYPE OF ASSESSMENT CALLING ITSELF, A RESTAURANT IS CURRENTLY OPERATING AS A FAR CRY FROM NORMAL RESTAURANT OUTCOMES AS WELL AS THE VISION WE HAVE FOR OUR NEIGHBORHOOD.

IT'S NOT ONLY BREEDING CRIME BUT ALSO ATTRACTING THE WRONG CROWD, WHICH CONTRADICTS OUR GOALS OF MAKING THE COMMUNITY A BETTER PLACE.

I BELIEVE WITH OUR, WITH YOUR DECISIVE ACTION, WE CAN RESTORE THE PEACE AND SAFETY OUR COMMUNITY DESERVES.

ADDRESSING THIS ISSUE WILL BE SIGNIFICANT STEP TOWARD ACHIEVING THE VISION.

WE, THE RESPONSIBLE CITIZENS OF THIS COMMUNITY ARE READY TO STAND BY YOU AND SUPPORT YOUR EFFORTS TO BRING THESE POSITIVE CHANGE BY ADDRESSING THIS ISSUE.

WE ACT COLLECTIVELY WORK TOWARD A FUTURE WHERE COMMUNITY THRIVES.

OUR CHILDREN GROW IN A SAFE ENVIRONMENT AND OUR CITY REMAINS A BEACON OF PROGRESS AND UNITY.

SAN ANTONIO HAS THE POTENTIAL TO PLACE TO BE A PLACE WE CAN ALL TRULY BE PROUD OF.

AND I AM CONFIDENT THAT TOGETHER WE CAN MAKE THIS VISION A REALITY.

THANK YOU FOR YOUR TIME AND CONSIDERATION.

I EAGERLY AWAIT YOUR RESPONSE AND LOOK FORWARD TO THE POSITIVE IMPACT OUR LEADERSHIP CAN BRING TO OUR COMMUNITY.

SINCERELY, TARA MCFARLAND.

JEREMY JUST WAS GONNA POINT OUT THAT'S NO RELATION THAT I'M AWARE OF.

THANK YOU SIR.

LAURA, SINCE I CANNOT ATTEND THE HEARING ON SUCH LATE NOTICE, I WOULD LIKE TO SUBMIT AT WHAT I HAVE EXPERIENCED SINCE SANDBOX HAS OPENED AND I MOVED INTO COLLEGE PARK IN 2014.

I WORK IN THE MEDICAL FIELD AND PART OF MY JOB REQUIRES ME TO BE IN THE HOSPITAL OPERATING ROOM AT ALL HOURS OF THE NIGHT.

THERE HAD BEEN NUMEROUS TIMES WHERE I WOULD BE ENTERING OUR NEIGHBORHOOD ON U-T-S-A-B BABCOCK AROUND 2:00 AM AND HAVE ALMOST BEEN HIT BY DRIVERS LEAVING THE BAR AREA AND RUNNING THE RED LIGHT THERE.

ALSO, CARS PARKING IN FRONT OF OUR DRIVEWAY PREVENTING ME FROM DRIVING INTO MY OWN DRIVEWAY.

MY COMPANY CONTACTS CONTRACTS WITH NRA DRIVERS WHEN I HAVE TO WORK OUT OF TOWN.

IT IS IF IT WAS DURING THE LATE HOURS AROUND BAR CLOSING TIME, THE DRIVERS COULDN'T BELIEVE THE CHAOS CARS PARKED UP AND DOWN UTSA AND IN OUR CUL-DE-SACS, THE TRASH THROWN IN OUR YARD AND KIDS URINATING ON THE SIDE OF MY HOUSE.

ONCE I CONFRONTED A YOUNG MAN PEEING ON THE SIDE OF MY HOUSE WHEN I PULLED INTO THE DRIVEWAY AND I CAN'T TELL YOU THE VULGARITY I HAD THROWN MY WAY A FEW YEARS AGO, WE HAD A BAR PATRON THAT WAS INTOXICATED AND MANAGED TO JUMP OUR RAILING INTO OUR BACK DECK.

AT 2:30 AM WE HEARD THE THUMP OF HIM FALLING INTO OUR BACK DECK.

HE PROCEEDED TO KNOCK ON OUR BEDROOM PATIO DOOR, WHICH SCARED ME TO DEATH.

I CALLED 9 1 1 AND MY FIANCE GRABBED HIS GUN NOT KNOWING WHAT WAS GOING ON, UH, GOING TO DO.

NEEDLESS TO SAY, THIS CALLS ME MANY SLEEPLESS NIGHTS.

THE DRUNKS LOUD MUSIC, CRIME AND KIDS ROAMING OUR NEIGHBORHOOD AT THESE TIMES OF THE NIGHT ARE NOT REPRESENTATIVE OF RESTAURANTS.

THEY'RE A NIGHTCLUB THAT SERVES FOOD AND THEIR BUSINESSES HEAVILY INCREASES THE 11:00 PM UNTIL CLOSE.

WE HAVE HAD SEVERAL RESIDENTS SELL THEIR HOMES AND MOVE OUT.

DUE TO THE SITUATION THIS FAR HAS BROUGHT TO US, I WOULD LOVE HAVING OUR OLD SAFE NEIGHBORHOOD BACK.

BEST REGARDS, DEBORAH RAMIREZ.

KOTTER 14 0 0 3 HAMMAN COURT, SAN ANTONIO, 7 8 2 4 9.

[00:40:10]

HI LAURA.

THANK YOU FOR TAKING A LOOK INTO THIS MATTER.

I'M GLAD THE CITY IS REVIEWING THE SANDBOXES CERTIFICATE OF OCCUPANCY.

MY THOUGHTS ON THE MATTER ARE BELOW.

I'M A RESIDENT OF COLLEGE PARK.

SINCE THE SANDBOX OPENED, MY HOME HAS BEEN IN INUNDATED WITH DEFINITELY LOUD NOISE.

EVERY NIGHT THE BARS OPEN.

I CAN FEEL THE BASIC MUSIC THUMPING THROUGHOUT MY HOUSE AND HEAR THE MUSIC PLAYING UNTIL THE BAR CLOSES.

EACH NIGHT THE MUSIC IS LOUD ENOUGH THAT EVEN IN MY HOME I CAN HEAR THE LYRICS TO SONGS.

ON SOME NIGHTS THERE ARE LOUD GROUP SCREAMS FROM ITS PATRONS AS THEY PARTY, WHICH I CAN ONLY ASSUME IS ORGANIZED OR ON CUE TO THE DJ.

EVEN CLOSING TIME DOES NOT BRACE BRING PEACE OR QUIET.

PATRONS REGULARLY LINGER BY THE ESTABLISHMENT AND IN THE NEIGHBORHOOD SPEAKING LOUDLY AND PLAYING MUSIC FROM THEIR VEHICLES HAVE HEARD DISTURBANCES INCLUDING PHYSICAL FIGHTS REGULARLY AND CARS SPEEDING THROUGH THE PARKING LOT, NEIGHBORHOOD TEARS, TIRES SCREECHING AND HORNS BLOWING IN THE MORNING.

I REGULARLY NEED TO PICK UP BARE BOTTLES AND OTHER MORE DISGUST, DISGUSTING TRASH ITEMS FROM FRONT OF AND BACK LAWNS.

I MORE THAN ONE OCCASION I HAVE BEEN, I HAVE SEEN PEOPLE SLEEPING IN CARS OVERNIGHT IN THE NEIGHBORHOOD.

THANKFULLY, AT LEAST THEY DO NOT DRIVE HOME DRUNK MORE REGULARLY.

IT IS COMMON TO FIND CARS LEFT ON THE STREETS EVERY MORNING BY PATRONS BEYOND THE NUISANCE.

THE ESTABLISHMENT.

ESTABLISHMENT HAS PROVEN TO BE RESIDENTS OF BE THE TO THE RESIDENTS OF THE NEIGHBORHOOD.

IT'S CLEAR THAT THE OWNERS DO NOT CARE ABOUT THE SAFETY OF THEIR OWN PATRONS AFTER SERVING THEM ALCOHOL.

I HAVE SEEN CUSTOMERS STUMBLING HOME IN EARLY HOURS OF THE MORNING, PRESUMABLY AFTER SLEEPING OFF THEIR BINGE.

ON MORE THAN ONE OCCASION, RESIDENTS HAVE HEARD WHAT WE THOUGHT WERE GUNSHOTS, DRAWING POLICE TO THE SCENE.

POLICE HAVE BEEN A MORE FREQUENT PRESENCE IN OUR NEIGHBORHOOD SINCE THE SANDBOX OPENED.

ON ONE OCCASION, A LARGELY INEBRIATED PERSON, CLEARLY UNWELL, WONDERED FROM HOME TO HOME IN OUR CUL-DE-SAC BEFORE SEEING SOMEONE CALLED THE POLICE TO CHECK ON THEIR WELLBEING AND HELP THEM GET HOME.

THIS IS NOT NORMAL FOR A RESTAURANT.

THE ESTABLISHMENT IS A BAR CATERING TO YOUNG TWO COLLEGE STUDENTS FROM NEARING UTSA.

THE LOUD MUSIC SINGING, WHICH AT TIMES BORDERS ON SCREAMING AS WELL AS THE OVERWHELMING NUMBER OF YOUNG PATRONS WHO APPEAR IN ARE INTOXICATED WHEN THEY LEAVE THE PREMISES MAKES IT CLEAR THAT SANDBOX IS A BAR.

NONE OF THE OTHERS ESTABLISHMENTS IN THE STRIP MALL, WHICH SERVE FOOD OR HAVE YOUNGER CUSTOMERS HAVE THE PROBLEM.

THE CITY SHOULD HAVE NOT GRANTED A LIQUOR LICENSE TO A BAR OR A RESIDENTIAL AREA.

THEY SHOULD REMEDY THIS SITUATION IMMEDIATELY.

SINCERELY, A COLLEGE PARK RESIDENT.

HELLO, MY NAME IS JORGE CASTANO.

I CURRENTLY LIVE AT THE LAST HOUSE ON THE MAIN STREET OF COLLEGE PARK AND I HAVE A LOT OF STORIES ABOUT HOW THE SANDBOX HAS EFFECT AFFECTED OUR LIVING AT COLLEGE PARK.

MULTIPLE CRASHES AT THE SIDE OF THE STREET CRASHED TWO OF MY ROOMMATES CARS, ONE ALMOST TOTAL DRUNK PEOPLE SLEEPING ON THEIR CARS ON MY FRONT DRIVEWAY.

MY TRUCK HAS BEEN HIT TWICE WITH HIT AND RUNS MY FRIEND'S TRUCK WAS TOTALED FROM THE BACK BY A DRUNK DRIVER WHO WAS TRYING TO COMMIT SUICIDE.

A DRUNK GIRL CRASHED ON MY NEIGHBOR'S CAR, HIT A MAILBOX AND WALKED ALL OVER PEOPLE'S FRONT YARD.

MY FRIEND WHO LIVES ON COLLEGE PARK WAS IN THE MIDDLE OF A SHOOTOUT.

MY TRUCK HAS BEEN BROKEN INTO MY FRIEND'S TRUCK TOO.

THEY TAKE SOME VALUABLE POSSESSIONS FROM IT AND MANY OTHER STORIES.

ALL THERE IS TO SAY IS THAT THE SANDBOX HAS NOT ONLY TAKEN A HARD HIT ON US FINANCIALLY, BUT ALSO THIS PLACE HAS REALLY TURNED, UH, HAS HAS TURNED REALLY DANGEROUS TO LIVE IN.

AS YOU NEVER KNOW WHAT WILL HAPPEN DURING THE NIGHT.

AND THE WORST PART IS I'VE HEARD A STORY OF THE NEIGHBOR THAT SAT OR STILL IS, I DON'T KNOW, ON THE TABLE FOR COLLEGE PARK COMMUNITY.

HE MET WITH THE STUDENT, THE SANDBOX OWNERS, AND LET THE OWNER GET HIM A DRINK AND DIDN'T APPEAL FOR SANDBOX TO BE CLOSED DOWN.

IF SANDBOX CLOSED DOWN, IT WILL BE A BETTERMENT FOR OUR COMMUNITY AND AN ANSWER PRAYER AS THIS PLACE CONTINUES TO AFFECT OUR LIVING, BUT ALSO OUR COMMUNITY AS MANY STUDENTS GET INTOXICATED AND PUT OTHER STUDENTS' LIVES IN DANGER.

THANK YOU.

MY NAME IS IVAN MCKITRICK AND I'M A RESIDENT OF COLLEGE PARK SINCE 2016 WHEN MY WIFE AND I PURCHASED OUR FIRST HOME HERE FOR SEVERAL YEARS, WE FELT LIKE WE HIT THE JACKPOT LIVING IN COLLEGE PARK SAFE, NO CRIME, CLEAN, QUIET.

THAT ALL CHANGED SHORTLY AFTER THE SANDBOX OPENED UP.

WHILE WE WERE UNDER THE IMPRESSION IT WOULD BE A FAIR FAMILY FRIENDLY RESTAURANT WITH GAMES, IT DEVELOP DELVED INTO SOMETHING MUCH MORE SINISTER THROUGHOUT THE NIGHT.

EXCESSIVE ALCOHOL SERVING WOULD RESULT IN COLLEGE KIDS VOMITING ALL OVER THE NEIGHBORHOOD, ENGAGING IN SEX ACTS OUT IN PUBLIC CONDOM BEING FOUND IN OUR COLLEGE, PARKED SIDEWALKS, CAR BREAK-INS, AND THEN THE DRUG DEAL'S GONE WRONG.

CARJACKING AND CRIME SPIKING.

WE LITERALLY HAVE A SHOOTING RIGHT OUTSIDE OUR HOUSE, 13 8 1 9.

CHRIS CHISHOLM CREEK AT 4:00 AM BEFORE OF BECAUSE OF A DRUG DEAL, TURN INTO A CARJACKING AT ONLY AT THE SANDBOX.

WHEN THE CRIME THANKS TO THE TYPE OF CROWD THAT SANDBOX DRAWS, GETS OUT OF CONTROL.

POLICE SEND IN HELICOPTERS TO SEARCH THE GREEN BELTS FOR CRIMINALS THAT DITCH BEHIND OUR HOUSES.

MY FAM, MY WIFE AND I

[00:45:01]

MADE THE BIGGEST INVESTMENT IN OUR LIFE PURCHASING OUR DREAM FOREVER HOME ONLY TO HAVE THESE INCIDENTS CRUSHED OUR HOPES FOR A SAFE PLACE TO LIVE.

WHILE THE SANDBOX CLAIMS THEY'RE RESTAURANTS THAT SIMPLY SERVES ALCOHOLS, THEY'RE IN FACT A NIGHTCLUB LOOKING TO DRAW HUGE CROWDS THAT OVER SERVE COLLEGE KIDS.

ANYONE WHO TAKES THE TIME TO VISIT UTSA BABCOCK AFTER MIDNIGHT, ESPECIALLY ON A FRIDAY SATURDAY, WE'LL SEE THE LINE OF CARS UP THE HILL AND PARKED IN OUR COMMUNITY WITH DRUNK PATRONS ON THE SANDBOX WITH RESPECTING OUR COMMUNITY.

FOR THE SAKE OF OUR COMMUNITY SAFETY, PLEASE DO NOT GIVE INTO THE SANDBOX APPEAL VERY RESPECTFULLY.

IVAN MCKITRICK ARMY VETERAN.

THE EASIEST WAY TO SAY THIS IS THIS, I LIVE AT THE VERY LAST HOUSE ON COLLEGE PARK AND STILL INCIDENTS OF DRUNK DRIVERS CRASHING INTO OUR SIDE SWAPPING CARS AND FENCES HAS OCCURRED.

I HAVE NO ANONYMITY WITH THE OWNERS OF THE SANDBOX, BUT THE REALITY IS THAT THOUGH IT STILL TAKES, IT MAKES THEM MONEY.

THE CONSTANT FLOWS OF CARS AND MUSIC HAS LED TO SLEEPLESS NIGHTS FOR HOUSES NEAR TO THIS ESTABLISHMENT.

BREAKING ON CAR, BREAK IN OF CARS, LITTERING OF ALCOHOLS, CANS ALLOW CON CONVERSATIONS HEARD AT CLUB ATTENDEES, WALK OUT FLIGHT FIGHTS IN RESIDENTIAL AREA AMONGST DRUNK PEOPLE.

CRASHES THAT INVOLVE INNOCENT RESIDENTS OF COLLEGE PARK IN A BAD REP PURSUIT AS A NEIGHBORHOOD.

ANYONE WHO HAS LIVED IN COLLEGE PARK MAIN ROAD WOULD PROBABLY RECOGNIZE THAT WHAT I'M SAYING IS TRUE.

I SAY IT WITH RESPECT FROM THE OWNERS AS PEOPLE, BUT THEIR LOCATION, IT JUST ISN'T THE PLACE FOR A CLUB.

HELLO, LAURA.

I RECENTLY SAW YOUR PAPER ABOUT WINE SANDBOXES MORE THAN A RESTAURANT.

THERE IS A LOT I COULD SAY.

I THINK THE BEST WAY IS FOR ME TO JUST LIST EVERYTHING CLEAR AND CONCISE.

FOR REFERENCE, I HAVE LIVED ON TWO DIFFERENT STREETS IN COLLEGE PARKS SINCE 2021, CHISHOLM CREEK DRIVE AND FOOTHILLS COURT.

AT RIGHT NEXT TO THE RED SANDBOX, HERE'S EVERYTHING THAT I HAVE SEEN HAPPENED TO MYSELF AND MY ROOMMATES.

MY ROOMMATES HAVE BEEN SHOT AT.

MY ROOMMATE'S.

CARS HAVE BEEN BROKEN INTO WINDOWS BROKEN.

MY TRUCK'S TAILLIGHTS HAVE BEEN STOLEN.

MY NEIGHBOR'S TAILLIGHTS HAVE BEEN STOLEN TWICE.

MY NEIGHBOR'S BRICK MAILBOX HAS BEEN SMASHED INTO PIECES.

MY TRUCK HAD BEEN HIT, MY NEIGHBOR'S TRUCK HAS BEEN HIT MULTIPLE TIMES.

WE'VE GOTTEN PARKING TICKETS FOR PARKING IN FRONT OF OUR OWN HOUSE.

LITTERING ON OUR PROPERTY INCLUDES ALCOHOL BOTTLES AND PARAPHERNALIA.

CARS PARKED IN FRONT OF OUR DRIVEWAY WHERE WHERE WE CAN'T GET INTO OUR OWN PROPERTY.

THERE HAS BEEN STABBINGS OUTSIDE OUR HOUSE SCREAMING AND FIGHTS OUTSIDE OF OUR HOUSE.

DRUNK DRIVERS SLAMMING INTO MULTIPLE CARS ON CHISHOLM CREEK.

CARS PARKED UP AND DOWN THE ENTIRETY OF THE ENTIRE NEIGHBORHOOD.

THIS IS EVERYTHING I COULD THINK OF AT THE MOMENT.

SANDBOX IS DEFINITELY NOT A RESTAURANT.

IT'S A JOKE TO THINK THIS PLACE IS A RESTAURANT.

I HOPE THIS HEARING GOES WELL AND JUSTICE COMES.

SO MANY OF US IN THIS NEIGHBORHOOD HAVE HURT BY THE SANDBOX BEING HERE.

THANK YOU FOR WHAT YOU'RE DOING.

GOD BLESS.

PLEASE REACH OUT IF YOU HAVE ANY QUESTIONS FOR ME.

CHAD JOHNSON.

MS. GARZA, THIS EMAIL IS TO FORMALLY VOICE MY PROTEST FOR THE SANDBOX BEING LABELED AS A RESTAURANT RATHER THAN A BAR.

I REGRET THAT I AM NOT ABLE TO ATTEND THE HEARING SCHEDULE FOR TOMORROW MORNING DUE TO THE WORK SCHEDULE AND SHORT NOTICE FROM NOVEMBER, 2021 THROUGH MAY OF 2023, I HAVE SERVED AS THE HOA VICE PRESIDENT OF COLLEGE PARK.

I DOCUMENTED NUMEROUS INSTANCES OF THE CRIME AND DISTURBANCES THAT WERE DIRECT RESULTS OF ACTIVITIES TAKING PLACE AT SANDBOX.

THESE HAVE INCLUDED CARS PAR PARKED ALL ALONG UTSA, TRESPASSING ON PRIVATE PROPERTIES BY PATRONS, VEHICLE BURGLARIES, DRUNK DRIVING INCIDENTS AND VIOLENT CRIME.

I MYSELF LIVE ON UTSA DRIVE AND HAVE NEITHER HAVE EITHER WITNESSED MANY OF THESE EVENTS OR THEY AFTERMATH OF THEM.

I HAVE TAKEN NUMEROUS PHOTOGRAPHS OF THESE EVENTS AND DOCUMENTED THEM ACCORDINGLY.

IN FACT, DURING MY PAST TWO APPRAISAL DISTRICT HEARINGS IN 2022 AND 2023, THE ISSUE WITH THE SANDBOX WERE AMONGST MY PRIMARY REASONS FOR DISPUTING THE VALUE OF MY HOME.

ON THESE SEPARATE OCCASIONS, I MET WITH MR. JORDAN CLARK.

MR. CLARK WAS THE MANAGER OF THE ESTABLISHMENT STARTING IN EARLY 2023.

OUR FIRST MEETING WAS DURING OUR HOA ANNUAL MEETING, AND THE NEXT TWO WERE AT THE SANDBOX ITSELF.

I CAN PERSONALLY ATTEST TO THE FACT THAT THIS ESTABLISHMENT IS IN FACT A BAR.

MR. CLARK WAS AB ABSOLUTELY DEDICATED TO RESOLVING SOME OF THE ISSUES.

IN FACT, MR. CLARK WAS TRYING TO START A UNIVERSAL BAN LIST THAT WOULD INVOLVE OTHER BARS IN THE CITY AND ENSURE THAT IF A PATRON WAS BANNED FROM ONE ESTABLISHMENT, IT WOULD BE BANNED FROM THEM ALL.

WE PROMISED A NEW DRESS CODE, BETTER SECURITY, A MORE THOROUGH VETTING PROCESS FOR INCOMING PATRONS, BETTER CONTROL OF THE VOLUME OF THE MUSIC, AND EVEN AN INCREASE IN DRINK PRICES.

ALL OF THESE WERE THE PURPOSE OF KEEPING TROUBLE OUTTA THE BAR.

IT WAS BROUGHT TO MY ATTENTION THAT HE WAS TERMINATED FOR HIM, HIS POSITION DUE TO HIS POLICIES AFFECTING THE PROFITS OF THIS ESTABLISHMENT.

THIS IS SADDENING BECAUSE UNDER THIS WATCH HIS WATCH THINGS WERE GETTING BETTER.

I AM FIRMLY OF THE BELIEF THAT BUSINESS SHOULD BENEFIT THE COMMUNITY AS IT RESIDES IN AND TAKE INTO CONSIDERATION HOW IT ACTIVATES ACTIVITIES IMPACT THE COMMUNITY AS A WHOLE.

UNFORTUNATELY, THE OWNERS OF THE SANDBOX SEEM EITHER UNWILLING OR UNINTERESTING ON DOING THIS.

THEY'RE WELL AWARE OF THE NUMEROUS GRIEVANCES

[00:50:01]

THAT THE RESIDENTS OF COLLEGE PARK HAVE HAD WITH ESTABLISHMENT AND YET HAVE CHOSEN TO TURN A DEAF EAR TO SAID GRIEVANCES.

I PERSONALLY ATTEND NUMEROUS MEETINGS WITH SAPD AND COUNCILMAN MINNIE ELIAS OVER THE COURSE OF 2022 AND 2023.

I COULDN'T HELP BUT NOTICE THAT AFTER THE FIRST FEW HEARINGS AFTER WHICH THE BAR WAS PUT ON NOTICE OF THESE ISSUES, THEY CONVENIENTLY STARTED OFFERING LUNCH AND WENT THROUGH A GREAT LENGTHS TO ADVERTISE IT SUCH AS A FOOT OF COLLEGE PARK.

YET BEING WITHIN WALKING DISTANCE OF THE, I CAN PERSONALLY ATTEST TO THE FACT THAT THEY'RE ALMOST NEVER BUSY DURING THE DAY, EVEN ON WEEKDAYS OR WEEKENDS, BUT VERY MUCH OCCUPIED AFTER 10:00 PM DURING THE WEEKENDS.

THEY CLAIM THEY ARE NOT A BAR, BUT IN FACT, A RESTAURANT IS LAUGHABLE AT BEST AND AN INSULT TO EVERYONE LIVING IN THE NEIGHBORHOOD.

AT WORST HOPE THAT THEY SEE THE AIR OF THEIR WAYS AND DO BETTER BASED ON THE CONVERSATIONS WITH RESIDENTS OF THE COMMUNITY DURING THE TIME OF THE HOA BOARD.

IT'S A UNIVERSAL BELIEF THAT THE BAR OWNERS DON'T CARE ABOUT THE DAMAGE THAT THE ESTABLISHMENT IS CAUSING.

THANK YOU IN ADVANCE FOR YOUR TIME.

PLEASE FEEL FREE TO CONTACT ME WITH THE EMAIL ADDRESS IF YOU CAN PROVIDE ANY FURTHER ASSISTANCE.

SINCERELY, RYAN AND NICOLE MONGAN, UTSA DRIVE.

LAURA, I'M IN MICHIGAN WITH MY FAMILY BEFORE THE HOLIDAYS AND CANNOT BE AT THE SANDBOX HEARING IN SUCH SHORT NOTICE.

I DISAPPOINTED THAT I CANNOT ATTEND AND MORE DISAPPOINTED THAT THE HOMEOWNERS ARE GIVEN LITTLE TO NO NOTICE, TO PREPARE TO BE PRESENT WHILE THE BAR HAS PLENTY OF TIME TO DISCUSS.

WE COLLEGE PARK HO HAVE BEEN DEALING WITH THE DISRUPTION FROM SANDBOX FOR CLOSE TO FIVE YEARS NOW.

FIRST, IT WAS EXCESSIVE NOISE FROM THE NIGHTCLUB LOUD MUSIC UNTIL 2:00 AM AS THEIR BUSINESS GREW, THEIR PARKING LOT WAS NOT BIG ENOUGH TO ACCOMMODATE ALL THE PATRONS, SO IT OVERFLOWED INTO THE CHURCH, WHICH IT CAUSED AN ISSUE WITH THEM.

SO THE CARS THEN OVER FOLLOWED UP UTSA BOULEVARD INTO OUR NEIGHBOR RESIDENTIAL AREA AND CUL-DE-SACS FOR FOUR O'CLOCK BLOCKS OR MORE.

ALONG WITH IT CAME NUMEROUS NIGHTLY COLOR BREAK-INS, BEER BOTTLES, LIQUOR BOTTLES, TRASH AND DRUG PARAPHERNALIA, AND OUR YARDS AND ON THE STREETS.

THERE HAS BEEN EXCESSIVE PROPERTY DAMAGE FROM DRUNK PATRONS HITTING MAILBOXES, FLOWER BEDS, AND PARKED VEHICLES.

SEVERAL RESIDENCE.

AS AS MYSELF, HAVE TRIED CONFRONTING SOME OF THE KIDS ABOUT THROWING TRASH IN OUR YARDS, ONLY TO BE CURSED AT AND TOTALLY DISREGARDED.

I PERSONALLY HAVE NEVER BEEN TO A RESTAURANT WHERE THE CUSTOMERS BEHAVE IN SUCH A MANNER.

THE RESTAURANT STAY OPEN UNTIL 2:00 AM WITH LOUD MUSIC AND LIVE DJS.

I HAVE ATTENDED SEVERAL MEETINGS WITH DISTRICT EIGHT BAR REPRESENTATIVES, UNDERCOVER POLICE, THE CHURCH, TABC AND DIFFERENT CITY CODE COMPLIANCE GROUPS, AND I THINK ALL BUT THE BAR WOULD AGREE, THE SANDBOX OF THE NIGHTCLUB BAR THAT HAPPENS TO SELL FOOD AND DRINKS BRINGS CRIMES AND TROUBLES INTO OUR HOMES.

I SENT YOU SOME PICS FROM THE SOCIAL MEDIA AND I'LL ATTACH, UH, SOME HERE FOR THE NEIGHBORHOOD.

AS I KNOW YOU HAVE RECEIVED MANY OTHERS FROM THE RESIDENTS THROUGHOUT THE YEARS.

ANDREW LER DEAR LAURA, CONSIDERING THE SHORT NOTICE OF THIS MEETING CONCERNING THE SANDBOX, I WAS NOT ABLE TO ADJUST MY WORK SCHEDULE IN ORDER TO BE THERE IN PERSON.

I HOPE MY EMAIL CAN BE USED TO SUPPORT THE FACT THAT THIS ESTABLISHMENT IS ANYTHING BUT A RESTAURANT.

AS ALWAYS, THANK YOU FOR YOUR CONTINUED SUPPORT OF OUR EFFORTS.

FOR SEVERAL YEARS, COLLEGE PARK HAS DEALT WITH THE DRUNKEN AND LEWD BEHAVIOR FROM OUR BAR BAR PATRONS EVERY WEEKEND TILL TWO, THREE, AND SOMETIMES FOUR IN THE MORNING.

WE ARE CONSTANTLY CLEANING UP THEIR FILTH AND GARBAGE FROM OUR CURBS, YARDS, AND SIDEWALKS.

PATRONS OF THE SANDBOX LEAVE HIGHLY INTOXICATED, RACE THEIR CARS, AND CREATE CHAOS IN THE NEIGHBORHOOD.

THERE HAVE BEEN COUNTLESS MEETINGS, PICTURES, VIDEOS, EMAILS AND PHONE CALLS MADE CONCERNING THIS ESTABLISHMENT.

IF THE SANDBOX WAS A RESTAURANT AND NOT A BAR THAT STAYS OPEN UNTIL 2:00 AM WHILE IN THE WORLD WOULD COLLEGE PARK RESIDENTS HAVE TO DOCUMENT AND SUBMIT TO THE CITY ARE OUR MANY CONCERNS? THE FACTS OF THE MATTER IS, THIS IS A BAR.

PLEASE CONSIDER THIS EVIDENCE.

THANK YOU, MAUREEN HARDY.

GOOD MORNING, MS. GARZA.

MY NAME IS TRACY BURKE AND I LIVE AT 7 5 3 9 PEPPER VINE LANE AT COLLEGE PARK.

A HOME THAT I PURCHASED IN 1997 HAVE ALWAYS LOVED OUR LITTLE, THE HUB DIVISION UNTIL SANDBOX OPENED UP.

SO THE FOLLOWING ARE MY OBSERVATIONS.

I UNDERSTAND THAT THE SANDBOX IS APPEALING THEIR CERTIFICATE OF OCCUPANCY BY STATING THAT THEY ARE A RESTAURANT THAT SERVES ALCOHOL.

THIS IS ABSOLUTELY FALSE.

THE SANDBOX IS A BAR AND ONE THAT BRINGS CRIME INTO OUR NEIGHBORHOOD.

I'M SURE YOU'RE AWARE OF THE COUNTLESS ASSAULTS AND SHOOTINGS THAT HAVE OCCURRED THERE SINCE THEY OPENED, SO IT WON'T REHASH THAT.

BELOW OUR OBSERVATIONS AS A RESIDENT OF COLLEGE PARK ONE, IF THEY ARE A RESTAURANT THAT SERVES ALCOHOL AS THEY STATE.

AND WHY IS THEIR SOCIAL MEDIA FULL OF CANTI LEE CLAD DRESSED WOMEN IN ADVERTISING THEIR DJ THAT WILL BE PLAYING ALL NIGHT.

THEIR SOCIAL MEDIA LITERALLY HAS THE SAME PICTURE OF A PIZZA REPORTEDLY POSTED AND A FEW RANDOM FOOD POSTS.

AT ABOUT 99.9% OF THEIR SOCIAL MEDIA CONTENT IS FOCUSED ON WHAT DRINK SPECIALS THEY ARE HAVING AND WHICH STANLY CLAD DRESSED FEMALES WILL BE SERVING.

THOSE.

I NOTICED THEY HAVE CLEARED UP THEIR FACEBOOK ACCOUNT A BIT BY REMOVING A POST FROM AUGUST, 2023 AND

[00:55:01]

WHICH WAI POSTED A NEWS STORY ABOUT OUR NEIGHBORHOOD'S CONCERNS ABOUT THE SANDBOX.

IN THAT POST, THEY USED A PICTURE OF THE RESIDENT THAT FEATURED IN A NEWS ARTICLE, CALLED HER A KAREN, AND CALLED AND HAD HER PICTURES SUPERIMPOSED IN VARIOUS AREAS OF THEIR BAR TO POKE FUN.

THE POST HAS BEEN REMOVED BY THEM AND IT'S FAIRLY OBVIOUS THAT THEY REMOVED IT IN PREPARATION FOR THIS HEARING.

EVEN THOUGH WE, UH, TWO, EVEN THOUGH WE ARE GEOGRAPHICALLY A BIT FURTHER AWAY FROM THE SANDBOX AS SOME OF THE OTHER RESIDENTS OF COLLEGE PARK, I CAN STILL HEAR GUNSHOTS THAT STEM FROM THE SANDBOX.

TWO WEEKS AGO THERE WAS A SHOOTING AT THE SANDBOX AROUND 2:00 AM AND MY 16-YEAR-OLD DAUGHTER HEARD THE GUNSHOT FROM HER BEDROOM.

WHAT KIND OF RESTAURANT OPEN STAYS OPEN UNTIL 2:00 AM AND ENDS THE NIGHT WITH A SHOOTING.

I ALWAYS THOUGHT OF THIS PART OF TOWN AS BEING FAIRLY DECENT ON ONE TO LIVE.

SO WHY IS MY CHILD BEING WAKENED BY GUNSHOTS FROM THE SANDBOX? THREE EVERY MORNING MONDAY MORNING, IF YOU DRIVE EAST ON UTSA BOULEVARD HEADING OUT OF COLLEGE PARK, YOU CAN SEE THE SIDEWALKS LITTERED WITH BROKEN GLASS FROM A CAR BREAK INS THE SANDBOX IS AT ONE POINT AGREED TO HELP CLEAN UP THE NEIGHBORHOOD BY CLEANING UP AFTER THEIR PATRONS, BUT IT SEEMED THAT ONLY LASTED FOR A MONTH.

FOUR.

I HAVE PERSONALLY WITNESSED DRUNK PATRONS FROM THE SANDBOX STAGGERING ACROSS UTSA BOULEVARD BETWEEN 12:00 AM AND 1:00 AM COUNTLESS TIMES, SOMETIMES CAUSING ME TO SLAM ON MY BRAKES TO AVOID HITTING THEM.

THIS IS A COMMON OCCURRENCE AS AN INTOXICATION.

PATRONS OF THIS SO-CALLED RESTAURANT PARK ALL ALONG UTSA BOULEVARD UP IN OUR NEIGHBORHOOD.

FIVE.

IF THE SANDBOX IS A RESTAURANT THAT SERVES ALCOHOL, THEN WHY DO THEY CHARGE A COVERAGE CHARGE TO ENTER? I HAVE NEVER BEEN TO A RESTAURANT THAT CHARGES A COVERED CHARGE.

ALSO, THEY ADVERTISE THEIR POKER GAMES.

AGAIN.

I'VE NEVER BEEN TO A RESTAURANT THAT CAN PLAY POKER AT SIX.

IF YOU READ THE GOOGLE REVIEWS OF THE SANDBOX, YOU'LL SEE THAT IT'S DEFINITELY A COLLEGE BAR, NOT A RESTAURANT.

I'LL TRY TO ATTEND THE MEETING ON FRIDAY, 1 5 24, BUT VENT THAT I CANNOT MAKE IT.

PLEASE LISTEN TO ALL THE COLLEGE PARK.

WE'RE ABSOLUTELY DISGUSTED BY THE NEGATIVE EFFECTS THIS FAR HAS BROUGHT TO OUR NEIGHBORHOOD.

RESPECTFULLY, TRACY BURKE, RESIDENT OF COLLEGE PARK, MS. GARZA.

I'M A RESIDENT OF COLLEGE PARK.

I LIVE AT 14 0 0 6 NORTH HILLS VILLAGE.

MY HUSBAND AND I LIVE ABOUT THREE QUARTERS OF A MILE FROM THE BAR.

I AM ATTACHED ATTACHING A VIDEO, ONE OF MY NEIGHBORS TAKEN ONE NIGHT ON UTSA BOULEVARD, UH, DEPICTING BAR PATRONS IN THE STREET AND GUNSHOTS.

I'M ALSO SENDING YOU THE GOOGLE SEARCH STATING THAT THE SANDBOX ADVERTISES A SPORTS BAR.

I HAVE LIVED IN THIS HOUSE SINCE 23, UH, 2003 BEFORE THE BAR WAS BUILT.

SINCE IT WAS BUILT, IT HAS BEEN NOTHING BUT SLEEPLESS NIGHTS ON WEEKENDS, ESPECIALLY SUNDAYS, MOST ACTIVITY BEGINS AROUND 10:00 AM WHERE PATRONS PARK IN THE FRONT OF SIDEWALKS.

WE HAVE WINDOWS BROKEN WOMEN AND MEN FIGHTING AND DRINKING, AS WELL AS URINATING IN OUR FRONT LAWN.

THE CHURCH ACROSS THE STREET FROM THE BAR HAS ALLOWED THEM TO USE THEIR PARKING LOT AS A VALET PARKING SO THEY CAN BLOCK IT OFF AND PEOPLE PARK UP TO A MILE INTO THE NEIGHBORHOOD.

THE MORNING AFTER THE CAR, AFTER THERE ARE CARS PARKED IN THE STREET WHERE APPARENTLY THE DRIVER WAS TOO INTOXICATED TO DRIVE HOME AS WELL AS NUMEROUS BROKEN WINDOWS.

ONE MORNING I COUNTED SEVEN BROKEN WINDOWS ALONG THE CURB.

THERE ARE LONG LINES AND IT'S CLEAR THAT OUR FIRE CODES AND OCCUPANCY CODES ARE DISREGARDED.

THERE HAVE BEEN STABBINGS AND FIGHTS MANY NIGHTS.

THE LOUD MUSIC PERSISTS WELL INTO THE EARLY MORNING.

THIS IS A BAR THAT SERVES FOOD BUT CATERS TO COLLEGE STUDENTS.

THIS MENU IS LIGHT APPETIZERS IN SOME SANDWICHES AND BURGERS, BUT THEIR REVENUE IS MADE FROM ALCOHOL SALES.

I AM A, I MET A FORMER EMPLOYEE WHO STATED THAT YES, THE NEIGHBORHOOD NEIGHBORS COMPLAIN, BUT IF THEY DON'T WANT TO, THEY LIVE CLOSE TO A BAR, THEN THEY SHOULD MOVE.

THAT IS MENTALITY OF THE OWNERS.

THE HOURS ARE 3:00 PM TO 2:00 AM THOSE ARE BAR HOURS.

I URGE YOU TO DENY THEIR APPEAL AND DENY THEIR REQUEST FOR A CONTINUED LICENSE FOR THE SAFETY AND PEACE OF THE RESIDENTS IN THE COMMUNITY.

EVELYN HORAN, ASSISTANT COUNTY ATTORNEY WILSON COUNTY, TEXAS ATTORNEY AT LAW.

14 0 0 6 NORTH HILLS VILLAGE.

MS. GARZA, I'M A RESIDENT OF COLLEGE PARK.

I LIVE AT 1,406 NORTH HILLS VILLAGE.

MY HUSBAND AND I, UH, WAIT.

GOOD AFTERNOON.

I'M REACHING OUT.

I'M REACHING OUT, SHARE ABOUT THE SANDBOX.

I LIVE RIGHT NEXT TO THE SANDBOX ON FOOTHILLS COURT.

THERE HAVE BEEN SEVERAL OCCURRENCES BECAUSE OF THIS BAR.

ONE MY FRIEND'S CARS WERE BROKEN INTO IN OCTOBER, 2022, AND A FRESH GLASS FROM BROKEN CAR WINDOWS IS STILL BEING FOUND ALONG UTSA BOULEVARD.

TWO, THERE HAVE BEEN INSTANCES OF PEOPLE PEEING IN OUR LAWN.

THREE, I'VE FOUND VOMIT ON OUR LAWN ON ONE OCCASION.

FOUR, I HAVE BEEN, I HAVE FOUND LITTER IN BOTH OUR FRONT AND BACKYARD PEOPLE HAVE THROWN GLASS BEER BOTTLES OVER THE FENCE.

FIVE.

OUR NEIGHBORS HAVE HAD THEIR MAILBOX DESTROYED AND THEIR LAWN DRIVEN ON BY PATRONS.

SIX.

OUR FRIENDS HAVE HAD A COUPLE OF THEIR CARS SMASHED BY DRUNK DRIVERS.

ONE OF THE CARS WAS TOTALED SEVEN.

DURING COVID, THE BAR OPERATED AT FULL CAPACITY, EVEN THOUGH IT WAS AGAINST THE LAW AT THE TIME.

EIGHT.

A FEW OF THE NEIGHBORS GOT THEIR TAILGATE

[01:00:01]

STOLEN.

TAIL LIGHTS STOLEN.

NINE.

A COUPLE OF MY ROOMMATES WERE ST WERE SHOT AT WHEN THEY WERE, WENT TO INVESTIGATE THE CAR BREAK-INS WHEN THEY HEARD A WINDOW BEING BROKEN.

NINE, UH, 10.

EXCESSIVE NOISE BY PATRONS ARRIVING AND LEAVING.

I HOPE THIS WILL HELP IN CLOSING THE DOWN THE BAR THAT HAS BEEN A NUISANCE TO OUR RESIDENCE OF COLLEGE PARK.

THANK YOU FOR YOUR COMMIT COMMITMENT TO STOP THE PROBLEM.

SINCERELY, TYLER MOORE.

SO, I THINK I HAVE THREE LEFT.

UM, TO THE, I UNDERSTAND THAT THE HEARING IS DETERMINED.

IF THE SANDBOX IS A BAR OR A RESTAURANT, I CAN TELL YOU THAT THIS IS A BAR FOR THE FOLLOWING REASONS.

THERE IS A VERY LITTLE BUSINESS IN THE SANDBOX UNTIL APPROXIMATELY 11:00 PM UNLESS THERE IS A POPULAR SPORTING EVENT ON THE VERY LARGE INDOOR AND OUTDOOR TV SCREENS.

AFTER 11:00 PM CARS BEGIN TO OVERFLOW THE PARKING LOT AND PARK FROM TWO TO FOUR BLOCKS AWAY, EVEN THOUGH THERE IS VALET PARKING ACROSS THE STREET.

NO REGULAR RESTAURANT PATRON BEHAVIOR BETWEEN 11 AND 11:30 PM THERE, THERE'S A MUSIC PLAYED BY A DJ THAT IS LOUD ENOUGH TO BE HEARD AT LEAST FOUR BLOCKS AWAY.

IT PLAYS UNTIL 2:00 AM WHEN THE BAR CLOSES, NOT REGULARLY.

RESTAURANT BEHAVIOR.

THERE HAVE BEEN MANY COMPLAINTS AGAINST SANDBOX PATRONS FOR PUBLIC INTOXICATION AND DESTRUCTION OF THE NEIGHBORHOOD PROPERTY.

THERE HAVE BEEN SHOTS FIRED OUTSIDE OF THE SANDBOX ON MORE THAN ONE OCCASION AND ONE INCIDENT WHERE AN INTOXICATED PATRON OF THE SANDBOX TRIED TO BREAK INTO THE NEIGHBORHOOD RESIDENCE'S HOME AFTER 2:00 AM.

IN THE WORDS OF THE SANDBOX OWN ADVERTISING, THE SANDBOX.COM, IT CALLS ITSELF A START.

STATE-OF-THE-ART SPORTS BAR.

HAVING A BAR THAT CLOSES CLOSE TO THE NEIGHBORHOOD DOESN'T MAKE ANY SENSE.

IF THE SANDBOX HAS ACTUALLY A RESTAURANT THEY WOULD CLOSE AT A REASONABLE TIME, WOULD NOT CAUSE THE TYPES OF ISSUES WITH DRUNK PATRONS.

THEY DO OR ATTRACT THE CLIENTELE THAT THEY DO.

THEY MAY SERVE FOOD, BUT THEY DON'T, THAT DOESN'T MAKE THEM A RESTAURANT.

SINCERELY, DEBORAH, A CHAMPION COLLEGE PARK RESIDENT.

PLEASE SHUT DOWN THE SANDBOX.

MY DAUGHTER LIVES IN THE FOOTHILLS COURT WITH HER MOTHER.

HER MOTHER OWNS THE HOUSE AND HAS LIVED THERE FOR 14 YEARS.

SINCE THE BAR HAS OPENED, THE NEIGHBORHOOD HAS GOTTEN WORSE.

ON ONE OCCASION, MY EX-WIFE HAD TO CALL THE POLICE BECAUSE A DRUNK PATRON TRIED TO GET INTO THEIR, INTO HER HOUSE.

SINCE THEN, MY DAUGHTER WILL CALL, WILL ALWAYS CALL ME TO PICK HER UP WHEN SHE SEES THE BAR GETTING BUSY BECAUSE SHE THINKS SOMEONE IS GOING TO BREAK INTO THE HOUSE.

PLEASE CALL CLOSE THE BAR.

IT WILL GIVE MY DAUGHTER AND HER FAMILY PEACE OF MIND.

RUDOLPH

[ Briefing and Possible Action on the following items  ]

EZ ALL CHAIR.

I BELIEVE THAT CONCLUDES ALL THE, UM, COMMENTS THAT WE RECEIVED ELECTRONICALLY PRIOR TO THE MEETING.

ALL RIGHT.

I GOT CONFIRMATION FROM DISTRICT EIGHT.

I THINK I CAUGHT 'EM ALL.

THANK YOU FOR YOUR TIME.

OKAY, MR. SHANNON, YOU'RE UP.

ALL RIGHT.

GOOD MORNING, CHAIR.

GOOD MORNING.

BOARD MEMBERS, UH, FOR THE RECORD, MY NAME IS MIKE SHANNON.

I'M THE DIRECTOR OF THE DEVELOPMENT SERVICES DEPARTMENT.

UM, I'M HERE TO TALK TO YOU ABOUT ITEM NUMBER TWO TODAY.

UH, AN APPEAL WE RECEIVED, UH, FOR THIS BOARD ON A DECISION THAT WAS MADE, UM, UH, UH, LAST MONTH TO REVOKE A CERTIFICATE OF OCCUPANCY AT THE SANDBOX BAR.

SO, UH, VERY IMPORTANT ISSUE, AND, UH, I'LL TRY TO GO THROUGH THESE SLIDES FAIRLY QUICKLY FOR YOU.

UM, BUT LET'S, UH, GO UNDERWAY.

ALRIGHT, SO QUICK OVERVIEW.

UM, THE SANDBOX BAR IS LOCATED IN CITY COUNCIL DISTRICT EIGHT AT THE, UH, 72 80 UTSA BOULEVARD, SUITE 1 0 9.

UH, REALLY, UH, UH, JUST DOWN THE STREET FROM, UH, THE UTSA CAMPUS.

UH, IT'S ZONED.

WE'RE GONNA TALK ABOUT THAT A LITTLE BIT.

OUR ZONING COMMERCIAL TWO, I'LL HAVE A LITTLE BIT MORE TO SAY ABOUT THAT.

UM, BUT THE HEART OF THE MATTER IS, UH, IT'S NOT ALLOWED TO BE A BAR AND TO BE

[01:05:01]

IN A COMMERCIAL TWO ZONE PROPERTY, UH, IT WOULD NEED TO BE A COMMERCIAL THREE, WHICH IT'S NOT.

THAT'S OUR HEAVIEST COMMERCIAL, UH, BEFORE YOU GET INTO ANY, UM, TYPE OF, UH, INDUSTRIAL.

BUT, UH, BARS, IT'S VERY, IT'S, IT'S LIKE A VERY COMMON ISSUE THAT WE DEAL WITH IN OUR ZONING CODE.

UH, WHEN WE DO ZONING CASES AND ALL THAT STUFF, WHEN WE REVIEW FOR COMPLIANCE, WE HAVE PERMIT APPLICATIONS.

IF IT'S A BAR, IT CAN'T BE IN A C TWO.

THAT'S VERY SIMPLE.

SO THIS IS CLEARLY IN VIOLATION OF NOT ONLY OUR, OUR DEVELOPMENT RULES, BUT OUR ISSUANCE OF A CERTIFICATE OF OCCUPANCY.

THEY'RE NOT COMPLYING WITH IT, ESSENTIALLY.

THAT'S WHY IT WAS REVOKED.

SO, UH, A LITTLE TIMELINE HERE.

UH, REALLY, I THINK YOU HEARD SOME OF THIS FROM, UH, SOME OF THE COMMENTS ALREADY.

BUT IN 2018, UH, THIS BUSINESS APPLIED TO OUR, TO OUR DEPARTMENT.

UH, AND IN THAT, I'LL SHOW YOU, UH, THAT THEY APPLIED AS A RESTAURANT AND SPORTS BAR.

SO THEY KNEW, UH, THEY WERE COMING TO US AS A RESTAURANT TO BE REVIEWED AS THAT.

AND WE'RE GONNA TALK A LITTLE BIT ABOUT, WELL, WHAT'S A RESTAURANT? WHAT'S A BAR? UH, WELL, HOW DOES A CODE TREAT THAT? HOWEVER, UH, IT WAS VERY CLEAR THAT THEY ASKED TO BE, UH, GIVEN A REVIEW INSPECTIONS AND A FINAL CERTIFICATE OF OCCUPANCY AS A RESTAURANT, UH, WITH, UH, ALCOHOL SALES.

THAT'S WHAT WE GAVE THEM.

AND THEY'RE EXPECTED TO FOLLOW THAT.

AND, UH, THEY HAVEN'T.

SO THAT'S WHY WE'RE HERE.

UM, AND ACTUALLY IN, IN, UH, LATER, A COUPLE YEARS LATER, UH, THEY EVEN SUBMITTED, UH, SOME TENANT IMPROVEMENTS.

SO KIND OF A RENOVATION IN THAT THEY TALKED ABOUT A FOOD CONSUMPTION AREA AS WELL.

THEY DIDN'T REALLY TALK TO THE, AS THEMSELVES AS A BAR, VERY FOOD CONSUMPTION AREA.

THAT'S WHY I CONSISTENT WITH BEING A RESTAURANT.

SO WE HAVE HEARD MANY OF THESE COMPLAINTS.

WE'VE REVIEWED SOME OF THIS STUFF.

WE'VE SEEN SOME OF THE IMPACT ON THE COMMUNITY.

UH, SO VERY RECENTLY, BACK IN NOVEMBER, WE RECEIVED ACTUALLY FINANCIAL STATEMENTS FROM THE BAR OWNER.

WE SAID, LOOK, WE NEED SOME FINANCIALS.

ARE YOU SELLING A LOT OF FOOD? A LOT OF BARS? WE'LL TALK ABOUT THAT.

UH, AND, UH, OVER 90% OF THEIR SALES IS FROM ALCOHOL.

IT'S NOT CLOSE.

UH, AND WE'LL TALK ABOUT THAT A LITTLE BIT.

UH, SO WHAT WE HAD TO DO, WHAT I HAD TO DO, WE HAD TO REVIEW THAT AS A BUILDING OFFICIAL.

UH, I, I THINK IT'S VERY CLEAR THAT THEY'RE NOT OPERATING, UM, WITH, UH, WITHIN THEIR C OF O.

UM, AND THEY'RE NOT ALLOWED TO DO THAT.

SO WE ISSUED THEM A NOTICE OF INTENT.

WE GIVE YOU 30 DAYS.

UH, WE'RE GONNA REVOKE YOUR CFO UNLESS YOU CHANGE, UNLESS YOU SHUT DOWN OR WHATEVER.

UH, WE ACTUALLY MET WITH THEM AT THEIR REQUEST.

UH, MY STAFF DID.

AT THAT MEETING, IT WAS VERY CLEAR.

THEY ADMITTED, YES, WE ARE A BAR.

WE DIDN'T KNOW.

WE'RE SORRY.

PLEASE GIVE US TIME, UH, TO FIX THIS.

AND WE SAID, NO, UH, YOU, YOU KNOW, YOU'RE A BAR.

YOU'VE ADMITTED YOU'RE A BAR.

IT'S OBVIOUS.

AND ALL THIS EVIDENCE, I CANNOT BY CODE ALLOW YOU TO OPERATE ANYMORE.

UH, SO WE DID ISSUE THE REVOCATION ON DECEMBER 29TH.

THEY HAVE APPEALED THAT DECISION.

UH, THAT'S WHY WE'RE HERE TODAY.

SO WE'RE GONNA WALK YOU THROUGH THAT, AND THEY'RE GONNA HAVE AN OPPORTUNITY, OF COURSE, UH, TO GO OVER THEIR APPEAL.

UH, NOW LET'S STEP BACK.

UH, YOU'RE VERY FAMILIAR.

YOUR CHARGE AS A BOARD IS, UH, CHAPTER 10 WITH A COUPLE OTHER CHAPTERS OF OUR CITY CODE AS WELL.

UH, BUT LET'S JUST STEP BACK.

YOU LOOK AT USE AND OCCUPANCY.

I THINK WE'RE ALL FAMILIAR WITH THAT.

BUT, UH, NO BUILDING, UM, SHALL BE, UH, USED OR OCCUPIED UNTIL WE GIVE THEM A CERTIFICATE OF OCCUPANCY.

CERTAINLY, IF THIS WAS A MISTAKE, UH, THAT DOESN'T ALLOW ANYBODY, WHICH IS NOT A MISTAKE.

BUT IF IT WAS, UH, EVEN WE GIVE YOU A C OF O DOESN'T ALLOW YOU TO OPERATE ILLEGALLY.

SO THAT'S VERY CLEAR IN OUR CODE THAT'S HIGHLIGHTED THERE.

AND THEN THERE ARE VERY CLEAR PROCEDURES ABOUT REVOCATION.

THE BUILDING OFFICIAL ME IS AUTHORIZED TO REVOKE A CFO WHERE IT'S DETERMINED, UH, THAT THE BUILDING OR STRUCTURE IS IN VIOLATION OF ANY ORDINANCE OR ANY REGULATION, UH, WHICH WE'LL TALK ABOUT OR ANY, UH, PROVISIONS, UH, THIS CHAPTER, OTHER CHAPTERS RELATED TO IT.

SO THAT'S WHAT WE'RE GONNA TALK ABOUT A LITTLE BIT MORE.

SO LET'S GO BACK TO 2018.

HERE IT IS, WE'RE JUST HIGHLIGHTING IT.

THIS IS THE APPLICATION.

THEY CAME TO US, THEY SELF-IDENTIFIED AS A RESTAURANT IN SPORTS BAR, SAID, PLEASE, UH, WE'D LIKE TO OPEN THIS TWO STAR RESTAURANT SPORTS BAR.

WE SAID, OKAY.

UH, AND WE REVIEWED IT AS SUCH.

AS PART OF THAT REVIEW, WE ALWAYS REVIEW THINGS, BUILDING CODE, FIRE CODE, ELECTRICAL CODE, UH, EXITING, STRUCTURAL, THOSE TYPE OF THINGS.

UH, ALSO ZONING.

AND IN THAT, AS A RESTAURANT, THEY TELL US THEY'RE GONNA BE A RESTAURANT AS A C TWO.

THEY COULD DO THAT.

UNFORTUNATELY, THEY'RE NOT OPERATING LIKE THAT.

AND THAT'S WHY WE'RE HERE.

UH, WE WERE ISSUED, UH, A CERTIFICATE OF OCCUPANCY.

WE KNOW THIS IS THE OCCUPANCY GROUP.

A TWO, THE OCCUPANT, THE SANDBOX BAR, LLC.

THAT'S THEIR BUSINESS NAME, THEIR DBA NAME.

THEY CALL THEMSELVES A SANDBOX BAR.

IT GETS A LITTLE CONFUSING.

HOWEVER, AS WE ALL KNOW, THE DESCRIPTION OF THE BUSINESS IS A RESTAURANT, RESTAURANT WITH ALCOHOL SALES.

AND THAT'S WHAT THEY WERE GRANTED, UH, THE AUTHORITY TO DO, UH, BECAUSE THAT'S WHAT THEY ASKED US TO REVIEW FOR AND TOLD US THEY WOULD BE E.

SO, UH, I THINK, UH, LATER, 2020, UH, THIS WAS A RENOVATION APPLICATION.

SO AS YOU KNOW, MANY BUSINESSES START OFF ONE WAY.

THEY WANNA RENOVATE, AND THEY DID.

THEY CAME TO US.

UM, YOU, YOU LOOK IN THAT LITTLE RED BOX THERE, BUT I HIGHLIGHTED IT.

UH, TENANT IMPROVEMENTS FOR A FOOD CONSUMPTION SPACE IN A PREVIOUSLY OCCUPIED LEASE SPACE.

SO AGAIN, IDENTIFYING THEMSELVES AS, HEY, WE'RE WE, WE DO FOOD CONSUMPTION HERE.

IT DOESN'T MEAN I CAN'T SELL SOME BEER AND WINE AND ALCOHOL IF I HAVE THE RIGHT TABC PERMITS AND SUCH.

UH, BUT THE PREDOMINANT IS FOOD CONSUMPTION OR RESTAURANT.

AND IT WAS REVIEWED AS SUCH AND EVENTUALLY APPROVED.

UH, WE

[01:10:01]

ACTUALLY UPDATED THE CFOA LITTLE BIT MORE OCCUPANT LOAD THERE.

BUT THE SAME DESCRIPTION OF BUSINESS AUTHORITY TO OPERATE AS A RESTAURANT, UH, WAS ALLOWED.

SO LET'S, UH, STEP BACK A LITTLE BIT.

THIS IS, THIS IS THE PROPERTY.

THIS IS OUR ZONING MAP.

AND, UH, WE LOOK AT 72 80 UTSA BOULEVARD RIGHT THERE.

UH, BUT THE PROPERTY IS CLEARLY ZONED.

C TWO C TWO IS ACTUALLY, IT'S A GENERAL COMMERCIAL, RIGHT? WE HAVE THREE LEVELS OF COMMERCIAL.

C ONE C TWO C3 C, C ONE IS REALLY LIGHT, VERY LIGHT COMMERCIAL.

C TWO IS KIND OF MIDDLE, MIDDLE, LIGHT, MEDIUM, UH, GENERAL, SOME PEOPLE CALL IT.

AND THEN WE KIND OF HAVE OUR HEAVIEST COMMERCIAL HEAVIEST INTENTS, UH, WHERE WE ARE ALLOW, ALLOW BY RIGHT TO HAVE BARS.

WE HAVE LARGE RETAIL CENTERS, LIKE, UH, THE BIG BOX STORES, ET CETERA.

UH, BUT THAT LIGHT, UH, C ONE OR C TWO ARE GENERALLY ALLOWED TO BE CLOSER TO NEIGHBORHOODS, UH, BECAUSE THEY'RE NOT AS HEAVILY AND THEY'RE, UH, UH, INTENSE.

THE USE, UH, THAT WE FIND IN, IN, IN THINGS LIKE BARS.

THAT'S, AND IT'S VERY SIMPLE.

SO, UH, BARS ARE TAVERNS NOT ALLOWED IN C TWO, THEY WOULD HAVE TO GET A ZONING CHANGE, UM, TO DO THAT.

UM, UH, BUT THEY DON'T HAVE THAT.

SO, UH, NOW THE, THE QUESTION'S GONNA COME UP.

WELL, WHAT IS A BAR? WE'LL GET, WE'LL TALK ABOUT THE CODE IN A SECOND, BUT WHAT IS A RESTAURANT? WHAT'S A BAR? SO I CAN GO TO CHILI'S AND I'M, I'M NOT PROMOTING CHILI'S OR NOT, BUT YOU CAN GO, GO THERE.

VERY COMMONLY KNOWN RESTAURANT.

UH, THEY SELL A LOT OF FOOD.

THEY, THEY SELL A LOT OF BEER, A LOT OF TAPS, UH, UH, ALCOHOL, WHATEVER.

THEY SELL THEIR SPECIALS.

THEY ADVERTISE BOTH.

UH, BUT I THINK COMMONLY, WE KNOW, IF YOU TAKE OUR CODE HAT OFF, WE TRY TO THINK OF, WELL, CHILI'S IS RESTAURANT THAT SELLS ALCOHOL AND OTHER SPIRITS AND, AND, AND, UH, UH, NON ALCOHOLICS.

WE ALSO HAVE THINGS LIKE SPORTS BARS, LIKE A BUFFALO WILD WING.

IT'S FOOTBALL SEASON.

SO A LOT OF ADVERTISEMENTS COME AND WATCH THE GAME, HAVE A FEW BEERS, HAVE SOME WINGS, ET CETERA.

WHATEVER THEY DO.

UH, AGAIN, THAT IS A RESTAURANT.

THEY SELL A LOT OF FOOD, UH, AS WELL AS A LOT OF, UH, ALCOHOL.

THAT'S TOTALLY OKAY.

UM, BUT, UH, WHEN WE TALK ABOUT REALLY BEING A BAR, AND I THINK SOME OF THE DESCRIPTION THAT, THAT WE HAVE WITNESSED AS CITY STAFF, ALONG WITH SOME OF THE TESTIMONY YOU'VE HEARD EITHER, UH, THE COMMENTS FROM SAPD STAFF AND, AND, UH, UH, THOSE AROUND IT, UH, THIS IS NOT WHAT THEY ARE.

THEY ARE NOT A RESTAURANT.

OKAY? SO JUST SLAP IT UP.

THIS IS OUR ZONING, UH, USE MATRIX.

THIS IS, UH, CHAPTER 35 OF OUR CITY DEVELOPMENT CODES UNIFIED DEVELOPMENT CODE.

UH, THIS IS, IT WORKS IN COMBINATION WITH, UH, CERTAINLY CHAPTER 10, BUT IT'S VERY CLEAR, UH, WE PUT THIS UP THERE.

THE WAY THIS WORKS IS YOU HAVE A TYPICAL USE UNDER A CATEGORY ALCOHOL, SO A BAR OR TAVERN WITH OR WITHOUT COVER CHARGE.

UH, AND THEN WE HAVE ALL THESE ZONING CATEGORIES.

WE HAVE A LOT OF ZONING CATEGORIES IN THE CITY.

PROBABLY TOO MANY DON'T TELL, DON'T TELL MY ZONING TEAM OR CITY COUNCIL THAT, UH, BUT WE HAVE A LOT.

UM, BUT YOU, IT'S VERY CLEAR THAT BARS AND C3 ARE PERMITTED.

THAT'S WHAT THE P STANDS FOR, UH, PERMITTED, PERMITTED BY, RIGHT? IF THEY WANT IT TO BE IN A C TWO, THEY'D HAVE TO GET A ZONING CHANGE, UM, TO GET A SPECIFIC USE PERMIT.

THAT IS ACTUALLY A ZONING PROCESS THAT HAS TO, GETS APPROVED BY COUNCIL.

SO THAT'S A ZONING, UH, CATEGORY THEY WOULD HAVE TO GET.

NOW, UH, WITH A FOOD SERVICE ESTABLISHMENT, LIKE A RESTAURANT, YOU ARE ALLOWED BY RIGHT, PERMITTED BY RIGHT? AND A C TWO.

AND AS WE REVIEW THESE PROJECTS COMING INTO US, THAT'S WHAT WE REVIEW.

UH, RIGHT THERE, IF YOU TELL US YOU'RE GONNA BE AN OPERATE AS A RESTAURANT, AND IT LOOKS LIKE YOU'RE GONNA BE YOU, YOU TELL US YOU'RE GONNA BE, WE WILL ALLOW YOU TO BE A RESTAURANT, UH, BECAUSE THE ZONING SAYS SO.

OKAY? SO, UH, NOW WE GET INTO DEFINITIONS.

WELL, MIKE, PEOPLE HAVE ASKED ME BEFORE, UH, WHAT, WHAT, WHAT IS A RESTAURANT? WHAT DOES A BAR, WHAT DOES A CODE SAY? WELL, WE HAVE, UH, BAR TAVERN, WE HAVE A DEFINITION OF TAVERN IN OUR UNIFIED DEVELOPMENT CODE.

AND REALLY THE CODE TRIES TO MAKE THIS LOOK, IF ANY USE IN WHICH 75% OR MORE OF YOUR REVENUE, UH, COMES FROM ALCOHOL SALES, YOU'RE A BAR, RIGHT? UM, I JUST DESCRIBED TO YOU, AND I'M GONNA SHOW YOU SOMETHING HERE ON A, ON A SLIDE OR TWO NEXT, UH, THEY'RE WELL OVER 90%.

UH, THE, IS THE FINANCIALS THEY GAVE US.

SO YOU DON'T, NOT TALKING ABOUT HOW IT LOOKS AND HOW IT FEELS AND, AND ALL THE OTHER STUFF, BUT THAT'S WHERE THE CODE REALLY LANDS, RIGHT? THAT'S THE CODE THAT SAYS, HEY, YOU CAN BE A RESTAURANT AND SERVE SOME ALCOHOL.

THAT'S NOT A PROBLEM.

YOU CAN ACTUALLY SERVE A LOT OF ALCOHOL AND STILL BE A RESTAURANT, BUT YOU GOTTA SERVE A LOT OF FOOD.

AND WHEREAS, WHEREAS, UM, A TAVERN IS REALLY MOSTLY ALCOHOL AND YOU HAVE A LITTLE ACCESSORY USE, UH, MAYBE SOME, SOME FOOD HERE OR THERE, BUT THAT'S WHAT WE USE.

NOW, FOOD SERVICE ESTABLISHMENTS, THERE'S A DEFINITION RIGHT THERE.

UM, REALLY SELLS FOOD, DRINKS FLY AND ALL THAT STUFF.

BUT THAT'S REALLY, UH, PART OF THE RECENT EVIDENCE THAT REALLY PUT THIS OVER THE TOP THAT SAID, LOOK, WE SUSPECTED THIS FOR A WHILE, BUT NOW IT'S VERY CLEAR.

AND EVEN BY THEIR OWN ADMISSION MEETING WITH OUR TEAM, UH, THEY'RE A BAR.

AND OUR, AND OUR ILLEGAL.

UH, SO HERE'S ACTUALLY A COPY OF WHAT WAS EMAILED TO US.

SO WE'VE HIGHLIGHTED SOME OF IT, BUT THESE ARE THE FINANCIAL RECORDS WE ASKED THEM, THEY GAVE IT TO US.

SO THANK YOU FOR GIVING THAT TO US.

WE APPRECIATE IT.

UH, THEY JUST SAID HERE, UM, BUT YOU CAN LOOK SOME OF THE HIGHLIGHTED, THERE'S OCTOBER, THERE'S NOVEMBER ON THE RIGHT.

UH, WELL OVER 90%.

ALRIGHT? IT'S REALLY ALL, MOSTLY ALL, UH, ALCOHOL.

WELL BEYOND WHAT WE WOULD SAY FROM A TYPICAL RESTAURANT.

SO HAD THEY COME TO US EARLY ON AND SAID, HEY, WE'RE REALLY GONNA BE A BAR.

WE MIGHT SELL SOME FOOD ON THE SIDE, YOU KNOW, A LITTLE BIT OF OUR STUFF, WE WOULD'VE SAID, NO, YOU'RE

[01:15:01]

NOT ZONED.

RIGHT? AND THAT'S HOW IT WORKS.

UH, SO, UH, THIS IS, UH, REALLY THIS EVIDENCE WE HAVE FROM THEM AND THEIR OWN ADMISSION.

UH, I, I'LL JUST THROW THIS UP.

WE DO A LITTLE BIT MORE RESEARCH TO TRY TO FIGURE ALL THIS STUFF OUT.

UH, YOU'VE HEARD SOME OF THIS FROM IT.

UH, THE SOCIAL MEDIA AND THEIR ADVERTISEMENT REALLY SUGGESTS THIS IS A BAR.

A LOT OF THESE SAY 21 AND UP ONLY FOR THESE EVENTS.

UH, WE DON'T GET A LOT OF THOSE RESTAURANTS THAT DO THAT.

I'M NOT AWARE OF THAT.

I'M NOT CERTAINLY IN THE, MAYBE THE BAR AND AND NIGHTCLUB SCENE LIKE I USED TO BE.

UM, THOSE ARE MANY MOONS AGO.

HOWEVER, 21 AND UP AND ONLY TO ME, THAT'S ANOTHER PIECE OF EVIDENCE THAT SUGGEST THIS IS CLEARLY A BAR AND NOT, UH, A TYPICAL RESTAURANT.

SO WHY DOES THIS REALLY ALL MATTER? THAT'S, THAT'S PART OF THE QUESTION.

WHY IS THIS AN ISSUE? YOU'VE HEARD A LOT OF IT.

THERE'S A SANDBOX BAR.

WE HAVE IT THERE TO THE LEFT IS, UH, A NEIGHBORHOOD TO, RIGHT, RIGHT NORTH OF IT IS THE CHURCH.

AND YOU HA YOU HEARD SOMEONE, UH, FROM THE CHURCH TALK ABOUT THAT, HOW THAT IM IMPACTS IT.

BUT BEING A BAR WITH SIGNIFICANT INTENSE USE, UH, MANY DAYS OF THE WEEK, MANY NIGHTS AND EARLY MORNINGS OF THE WEEKS, EVEN AFTER THEY CLOSE, WE KNOW WHAT HAPPENS WITH BARS, PEOPLE MINGLE.

THAT'S KIND OF WHY WE HAVE THESE ZONING PROTECTIONS, UH, LAND USE PROTECTIONS IN OUR CODES.

UH, BUT THAT FEEDS DIRECTLY AND IMPACTS DIRECTLY THAT NEIGHBORHOOD.

SO IT'S A VERY IMPORTANT ISSUE, UH, TO THAT.

NOW, IF YOU LOOKED AT THE GO TO THE RIGHT, WE DIDN'T ADD THAT, YOU KNOW, UTSA, IT'S RIGHT THERE.

THIS IS A COLLEGE BAR.

THAT'S WHAT IT IS.

UM, AND I THINK, UH, IT'S VERY CLEAR AND EVIDENT.

SO, UM, REALLY JUST TO STEP BACK A LITTLE BIT, UH, THE PURPOSE AND SCOPE OF OUR CODES.

YOU, YOU ALL KNOW THIS.

YOU'RE IN THE, UH, DEVELOPMENT CODE BUSINESS.

UM, IF YOU LOOK AT BOTH CHAPTER 10, WHICH IS OUR BUILDING RELATED, UM, AND THEN OUR UNIFIED DEVELOPMENT CODE, VERY, VERY CLEAR.

THE WHOLE REASON WE'RE HERE IS, UH, WE HAVE THESE CODES TO PROTECT THE MINIMUM HEALTH, SAFETY, AND WELFARE OF OUR COMMUNITY.

WHETHER IT BE THE STRUCTURAL SAFETY OF A BUILDING, ELECTRICAL SAFETY OF A BUILDING, THE USE AND OCCUPANCY OF THE BUILDING, WHICH I'VE HIGHLIGHTED THERE.

THAT'S IN OUR CODE.

THAT'S WHAT THE CODE TELLS US, WHAT THE INTENT IS.

SO IT'S NOT JUST THAT WE'RE JUST A LITTLE OFF, IT'S NOT REALLY AFFECTING ANYBODY.

BUT ARE WE HAVING, IS THIS, IS THIS ILLEGAL BAR AFFECTING NEGATIVELY, UH, THE, UH, THE PUBLIC SAFETY, HEALTH AND WELFARE? AND WE BELIEVE IT IS ABSOLUTELY.

UM, EVEN IN OUR, UH, CHAPTER THREE FIVE, VERY SIMILAR, UM, PURPOSE OF PROMOTING HEALTH EQUITY, UH, GENERAL SAFETY, WELFARE, THE COMMUNITY, THE ZONING AND LAND USE REGULATIONS ARE DESIGNED TO PROMOTE PUBLIC HEALTH, EQUITY, SAFETY, GENERAL WELFARE.

IT'S ALL OVER OUR CLOTHES.

THAT'S WHY WE DO WHAT WE DO.

AND I DON'T TAKE THIS LIGHTLY.

I MEAN, THIS IS A BUSINESS.

UH, WE, WE, WE PROMOTE BUSINESS.

BUT WHEN THE BUSINESS IS NOT DOING, UH, OR THAT ILLEGAL BUSINESS IS NEGATIVELY AFFECTING THE HEALTH SAFETY WELL FOR THE COMMUNITY, IT'S OUR JOB, MY JOB AS THE BUILDING OFFICIAL TO REVOKE THAT CFO.

AND THAT'S WHAT THE CODE TELLS ME TO DO.

UM, SO IN SUMMARY, I'M JUST GONNA SUMMARIZE HERE.

'CAUSE, UH, IT WAS A LOT OF SLIDES.

IT'S CLEARLY ZONED AS A C TWO AND BARS AREN'T ALLOWED IN C TWOS.

OKAY? THEY'RE NOT OPERATING AS A RESTAURANT AS THEY, AS THEY TOLD US THEY WOULD.

UH, THEY'RE OPERATING AS A BAR.

UM, THE CFO WAS ISSUED FOR RESTAURANT.

YOU CAN SEE THAT I SHOWED YOU THAT.

WE DID A COPY OF IT.

UM, SO THEY DON'T HAVE A, THEY DON'T HAVE A C OF O FOR A BAR, UH, USE.

AND, UH, THEIR, FROM THEIR OWN EVIDENCE, THEIR OWN ADMISSION, THAT THEY ARE WELL ABOVE ANYTHING THAT WOULD BE REASONABLY, UH, EXPECTED IN TERMS OF ALCOHOL SALES AND FOOD SALES, IF YOU WANNA GO DOWN THAT ROUTE.

UH, OVER, UH, OVER 90% OF THEIR REVENUE FROM ALCOHOL SALES, UH, FROM THE FINANCIALS WE GOT, AND THROUGH THEIR OWN ADMISSION, WHEN WE MET WITH THEM, WHEN MY, MY TEAM MET WITH THEM IN EARLY DECEMBER, UH, THEY ADMITTED CLEARLY, YEAH, WE'RE A BAR.

WE JUST DIDN'T KNOW.

SORRY, UH, WHAT CAN WE DO TO FIX THIS? AND WE SAID, I'M SORRY.

THE CODE TELLS ME YOU CAN'T BE OPERATING ILLEGALLY.

AND THAT'S WHY WE'RE HERE.

UM, AND NOW, AND, UH, BEFORE I GET TO THE SUMMARY, I KNOW, UH, WE'RE HERE ON AN APPEALS TODAY, AND I KNOW THE APPEAL THAT YOU'RE GONNA HEAR.

REMEMBER, OUR CHARGE, THIS CHARGE OF THIS BOARD IS TO DETERMINE, AM I INTERPRETING THE CODE WRONGLY? RIGHT? THAT'S REALLY THE CHARGE.

IF YOU LOOK AT OUR, OUR, OUR OUR, UH, SECTION 10, I'LL JUST KIND OF PULL IT UP, I WANNA READ IT HERE.

THE, THE, THE, THE APPLICATION OF APPEAL, UH, IS, IS TO SAY THE TRUE INTENT OF THIS CHAPTER 10, UM, HAS BEEN INCORRECTLY INTERPRETED.

DID I INCORRECTLY INTERPRET ANYTHING AS THE BUILDING OFFICIAL AS THE CITY? I DON'T BELIEVE WE HAVE, UH, FAIRLY CONFIDENT, UH, OR DO THE PROVISIONS OF THIS CHAPTER DO NOT FULLY, UH, APPLY.

I THINK IT'S VERY CLEAR.

CHAPTER 10 IS ALL ABOUT, UH, BUILDINGS AND USE AND SAFETY AND CERTIFICATE OF OCCUPANCIES, AND WHETHER THEY SHOULD BE ISSUED AND OR, UH, WHEN THERE IS ILLEGAL USE, WHETHER I REVOKE THEM.

SO I THINK IT'S VERY CLEAR, UH, AND I ASK FOR YOUR SUPPORT TO UPHOLD THE DECISION, WHICH I THINK IS THE RIGHT ONE, UH, IS WHAT MY CHARGE OF THE BUILDING OFFICIAL IS TO DO.

AND CERTAINLY, I KNOW YOU'LL HEAR, UH, FROM THE APPELLANT, BUT, AND I'LL BE HAPPY TO ANSWER ANY QUESTIONS, UM, UH, WHEN YOU'RE SO READY.

SO WE'LL BEHOLD OUR QUESTIONS TILL AFTER.

THANK YOU.

JEREMY, DO WE HAVE THE PROPELLANT HERE

[01:20:01]

TO SPEAK? UH, WE DO.

I'M PULLING UP HIS PRESENTATION.

OKAY.

THANK YOU.

GOOD MORNING.

MY NAME IS MARK FERGUSON AND I REPRESENT, UH, THE SANDBOX.

AND, UH, BEFORE WE GO INTO THE, THE, UH, NUTS AND BOLTS OF THE APPEAL, FIRST I WANT TO ACKNOWLEDGE THE CONCERNS OF THE NEIGHBORHOOD.

NO ONE WOULD WANNA LIVE UNDER THOSE CIRCUMSTANCES.

UM, IF YOU GET TO THE ROOT CAUSE OF A LOT OF WHAT'S GOING ON, IT GETS BACK TO THE FACT THAT THE SHOPPING CENTER WAS BUILT WITHOUT ADEQUATE PARKING.

AND BECAUSE OF THE IN INSUFFICIENT PARKING, A LOT OF THE VEHICLES SPILL OVER INTO THE STREET.

THAT IS A MATTER FOR THE LANDLORD TO ADDRESS.

AND HE IS ENGAGING IN ONGOING CONVERSATIONS, INCLUDING WITH THE CHURCH, UM, AND THE ZONING BOARD TO ATTEMPT TO GET ADDITIONAL PARKING IN THE IMMEDIATE AREA.

SO IT WILL ALLEVIATE THE PRESSURE BACK ON THE COLLEGE PARK NEIGHBORHOOD.

UM, MY CLIENT HAS A PROCESS FOR MONITORING NOISE AND ENGAGES IN THAT ON AN, ON AN ONGOING BASIS.

YOU HEARD SOME OF THE, UH, THE RESIDENTS REFERENCE THAT UNDER PREVIOUS MANAGEMENT THERE WERE SOME IMPROVEMENTS.

MY CLIENT SAW THAT THERE WAS A NEGATIVE TREND IN, UM, UH, BAD ACTIVITY OVER THE SUMMERTIME, AND IN FACT REPLACED HIS MANAGEMENT IN AUGUST.

AND SO WE, WE ARE ENGAGING IN ADDITIONAL OUTREACH, UH, EFFORTS TO TRY TO MAKE THINGS MORE ACCOMMODATING FOR THE NEIGHBORHOOD AND, AND DISRUPT THE DISTURBANCE THAT GOES ON IN THE NEIGHBORHOOD.

BUT I WANNA WALK YOU THROUGH WHAT HAS GONE ON WITH A CERTIFICATE OF OCCUPANCY FOR THE SANDBOX.

UM, THERE WAS A NEW CERTIFICATE OF OCCUPANCY APPLIED FOR IN 2021.

AND CONTRARY TO WHAT MR. SHANNON TOLD YOU, MY CLIENT APPLIED FOR A TAVERN CERTIFICATE OF OCCUPANCY.

WHAT IN FACT, THEY RECEIVED WITHOUT EXPLANATION WAS A CERTIFICATE OF OCCUPANCY FOR A RESTAURANT WITH ALCOHOL SALES.

AND SO I, I WANT YOU TO THINK ABOUT IF YOU RECEIVED A CERTIFICATE OF OCCUPANCY LIKE THAT, WOULD YOU QUESTION IT? WELL, I THINK WHAT YOU WOULD DO IS YOU WOULD GO BACK TO THE SUPPORTING MATERIAL THAT TELLS YOU ABOUT THE TYPE OF CO YOU HAVE.

SO WE HAVE TWO, UM, RECORDS THAT WOULD EXPLAIN TO SOMEONE WHAT THAT CERTIFICATE OF OCCUPANCY MEANS.

IF YOU COULD PLEASE, UH, HIT THE NEXT SLIDE.

AND IF YOU WANT, YOU COULD ACTUALLY HIT THE SIDE BUTTON THERE.

THIS ONE, UH, ACTUALLY, I'M SORRY, DOWN.

THERE WE GO.

UM, SO WE HAVE BOTH THE APPLICATION FOR A CERTIFICATE OF OCCUPANCY THAT WE COULD LOOK AT.

AND WE HAVE THIS, THE CITY OF SAN ANTONIO UNIFIED DEVELOPMENT CODE THAT I'LL TALK ABOUT IN A MINUTE.

WELL, IF YOU LOOK AT THIS, UH, THE APPLICATION FOR A CERTIFICATE OF OCCUPANCY, IT DOESN'T SAY ANYTHING ABOUT LIMITS ON ALCOHOL SALES.

IT DOES HAVE A DEFINITION FOR TAVERN, BUT IT DOESN'T SAY THAT A RESTAURANT MAY NOT HAVE AN EXCESSIVE 75% ALCOHOL SALES.

IT WAS MY CLIENT'S INTENTION TO SELL FOOD THAT THAT MAY IN FACT EXCEED 25% OF THEIR TOTAL SALES.

AND THE, THE LOCATION HAS A LARGE KITCHEN TO SUPPORT THAT.

UM, SO WHEN THEY RECEIVED THE CERTIFICATE FOR A RESTAURANT WITH ALCOHOL SALES, THEY DIDN'T FEEL A NEED TO QUESTION IT.

ALSO, THE APPLICATION FOR A CERTIFICATE OF OCCUPANCY DOESN'T STATE THAT THESE TYPES OF ENTITIES ARE MUTUALLY EXCLUSIVE.

UM, NAMELY, IF YOU HAVE ALCOHOL SALES IN EXCESS OF 75%, YOU MUST OBTAIN A CERTIFICATE OF OCCUPANCY FOR A TAVERN AND CANNOT BE A RESTAURANT WITH ALCOHOL SALES.

IT ONLY DEFINES WHAT A TAVERN IS.

AND THEN IF YOU WERE TO TURN TO THE UNIFIED DEVELOPMENT CODE, UM, TO TRY TO FIGURE OUT WHAT THIS TYPE OF CO YOU'VE RECEIVED IS A RESTAURANT WITH ALCOHOL SALES, IT DOESN'T EVEN CONTAIN A, A DEFINITION FOR THE TERM RESTAURANT, DESPITE THAT'S WHAT IT SAYS ON THE CO.

UM, HOW IS, HOW IS SOMEBODY WHO HOLDS THIS CO EXPECTED TO KNOW WHAT THE LIMIT LIMITS ARE, IF ANY, THAT APPLY TO ALCOHOL SALES? IT DOESN'T HAVE A LIMIT IN THE UDC FOR THE AMOUNT OF ALCOHOL THAT A RESTAURANT OR FOOD SERVICE ESTABLISHMENT WITH ALCOHOL SALES CAN SELL BEFORE IT BECOMES A BAR TAVERN.

AND IT CERTAINLY DOESN'T SAY IF YOU HIT 75%, YOU MUST CHANGE YOUR CO TO A TAVERN LICENSE OR TO A TAVERN CO.

SO WE FEEL IT WAS REASONABLE FOR, UH, THE RECIPIENT OF A RESTAURANT WITH ALCOHOL SALES CO TO ASSUME THAT IF THE, THE CITY WITHOUT EXPLANATION

[01:25:02]

ISSUED A RESTAURANT WITH ALCOHOL SALES CERTIFICATE, IT MEANT ALCOHOL SALES IN ANY AMOUNT.

UM, ACCORDINGLY, MY CLIENT DIDN'T BELIEVE THERE WOULD BE ANY ISSUE WITH THIS TYPE OF CO AND DID NOT OBJECT TO THE CO WHEN IT WAS ISSUED BY THE CITY IN 21.

IT'S ALSO INTERESTING TO NOTE THAT WHILE THE UD THE, UH, UNIFIED, UM, DEVELOPMENT CODE DEFINES A TAVERN AS AN ENTITY WHERE 75% OR MORE, THAT'S GROSS REVENUE FOCUS IN ON THAT TERM, GROSS REVENUE IS DERIVED FROM THE ON-PREMISES AND CONSUMPTION OF ALCOHOLIC BEVERAGES.

IT DOESN'T PROVIDE FOR A PERIOD OF TIME FOR THE CALCULATION OF GROSS REVENUE.

I MEAN, YOU DON'T KNOW WHETHER IT MEANS, UH, SALES FOR ONE MONTH, TWO MONTHS, SIX MONTHS, A YEAR.

AND SO IT'S AT THIS, AT THE, UH, THE ENFORCEMENT AUTHORITIES', UH, DISCRETION ABOUT HOW MANY MONTHS THEY'RE GONNA LOOK AT OR DAYS FOR THAT MATTER WHEN THEY COME IN AND DETERMINE WHETHER YOU'RE COMPLYING OR NOT WITH YOUR CO I MEAN, IF CHILI'S AS MR. SHANNON PROVIDED IN HIS EXAMPLE, HAPPENED TO HAVE A DAY WHERE THEIR ALCOHOL SALES EXCEEDED 75%, THEY TOO WOULD BE IN VIOLATION.

SO WHAT WE FEEL WE NEED IS WE NEED A DEFINITION IN THE UNIFIED DEVELOP, UNIFIED DEVELOPMENT CODE FOR THE TIMEFRAME, UH, THAT THEY'RE GONNA USE TO CALCULATE THIS GROSS INCOME BEFORE THEY CAN USE AS A, AS A BASIS TO REVOKE THE CO.

MY CLIENT HAS MADE A SUBSTANTIAL INVESTMENT IN THE SANDBOX, WELL IN EXCESS OF A MILLION DOLLARS THAT HAVE YET TO BE RECOVERED.

UM, UNDER THE CIRCUMSTANCES THAT SURROUND THE ISSUANCE OF THE CO, WE FEEL LIKE IT WOULD BE ONLY FAIR TO EITHER A, GIVE THEM THE CO THEY APPLIED FOR IE ONE FOR A BAR TAVERN OR TWO, GIVE THEM SOME PERIOD TO COMPLY TO GET BACK UNDERNEATH THE, THE 75% ALCOHOL SALES.

UM, THEY PROVIDED ASSURANCE THAT THEY COULD DO IT WITHIN A SIX MONTH PERIOD, AND THAT'S WHAT WE WOULD ASK THE BOARD TO, UH, TO GRANT US IF IN FACT, THE, UH, BAR TAVERN CO IS NOT AVAILABLE.

AND DURING THAT TIME, THEY WILL, YOU WILL HAVE THEIR COMMITMENT TO WORK WITH THE NEIGHBORHOOD ASSOCIATION AND REMEDY THE ISSUES THAT ARE, ARE FACING THEM, AS WELL AS PUTTING PRESSURE ON THE LANDLORD TO MOVE FORWARD AND SECURE ADDITIONAL PARKING FOR THE LOCATION.

THAT'S ALL I HAVE.

WOULD WE LIKE TO TAKE QUESTIONS WITH, UH, THE CITY FIRST OR YOU WANT YEAH, IT'S UP TO THE BOARD AT THIS POINT AND CHAIR TO DECIDE.

UH, HEY, I, ONE OR TWO QUESTIONS.

OKAY.

BUT Y'ALL, ANYBODY HAVE A QUESTION FOR QUESTION FOR THE CITY? JEFF BYER? JEFF BYER? MY QUESTION, SHANNON, IS WHEN THEY WENT BACK FOR THE PERMIT ON THE, IN THE, ON THE 20, IN THE 2020, HAD THERE BEEN COMPLAINTS BEFORE THIS? I'D HAVE TO GO BACK AND LOOK.

UM, I, I, I DON'T KNOW OFF OFF THE BOTTOM OF MY HEAD.

SHE'S KIND OF SAYING YES.

SO MY QUESTION, I'M, I'M JUST BEING THE ADVOCATE HERE, IS IF YOU HAD IT BEFORE THEN WHY DID WE NOT ADDRESS IT IN 2020 THAT THIS WAS A BAR, NOT A RESTAURANT? BECAUSE WITH AN ROOFTOP BAR KIND OF GIVES IT AWAY A BIT WHAT IT IS.

YEAH, SURE.

I, I COULD SAY, I CAN SAY CERTAINLY SUGGESTED IT.

YEAH, THAT'S, THAT'S A GOOD QUESTION.

I DON'T KNOW THE ANSWER TO THAT ONE.

I DO KNOW, UH, IT WAS VERY RECENTLY WE WERE GIVEN, UH, A LOT MORE EVIDENCE, UH, THAT, THAT IT IS ABSOLUTELY A VAR AND THAT'S WHY THE DECISION CAME NOW.

UM, AND I THINK SOME OF THAT WAS THE RECENT STUFF THAT WE LOOKED AT, BUT, UH, THIS WAS ALWAYS A QUESTION.

I THINK, UH, YOU KNOW, PROBABLY SINCE WE STARTED HEARING SOME OF THOSE COMPLAINTS.

UH, BUT I THINK NOW, NOW IS THE TIME IS VERY OBVIOUS, SO THAT'S WHY IT WAS DONE.

NOW, , MAX HOSFORD, YOU HAVE THE, UH, SALES AT 93%.

UH, THAT'S JUST FOR ONE MONTH.

DO YOU HAVE ANY MORE HISTORICAL DATA ON THAT? UM, WE, WE ASKED, WE ASKED FOR ACTUALLY, UH, THEIR FINANCIAL RECORDS.

THEY GAVE US TWO MONTHS.

UM, AND IT WAS WHAT THE, WHAT I SHOWED UP ON THE SCREEN.

THERE WAS TWO MONTHS, BOTH WELL OVER 90%.

UH, AND THE DISCUSSION WITH MY TEAM AND MY TEAM IS HERE, THEY CAN CORROBORATE THAT, UH, I WASN'T IN THAT MEETING, UH, BUT THEY SUGGESTED THAT THE, UH, THE ADDITIONAL TIMEFRAME BEHIND THAT WAS NOT MUCH DIFFERENT, MEANING THAT THEY ARE, UH, THEY, THEY'VE, THEY CONFIRMED THEY'RE A BAR.

THEY'VE, THEY'VE ALWAYS BEEN WELL OVER 90% OR WELL OVER THE 75% IN TERMS THAT IN, IN THE RECENT HISTORY.

SO, UH, BUT PHYSICALLY,

[01:30:01]

UH, DOCUMENTS, I DO NOT HAVE ANY MORE THAN THAT FROM THE STANDPOINT THAT, UH, THERE'S A MAJOR PARKING ISSUE.

UH, CAN YOU, UH, CAN YOU TELL ME, UH, FROM A LIQUOR SALES, UH, FOR A RESTAURANT BAR, WHAT'S THE DISTANT DISTANCE THEY HAVE TO BE FROM A CHURCH DOOR TO DOOR? UM, THE LIQUOR SALES, UH, OFF THE TOP OF MY HEAD, I DON'T, UH, I DON'T KNOW.

I, THEY ARE, UH, COMPLIANT WITH THAT.

I BELIEVE THEY HAVE A VARIANCE FOR THAT.

THAT WAS ISSUED, UM, UH, BACK IN 2018.

WE COULD GET TO THAT INFORMATION.

UM, BUT IN TERMS OF THE PARKING, YOU MENTIONED SOMETHING ABOUT THE PARKING, UH, JUST SOME CLARIFICATION OF THE PARKING.

UH, THIS, THIS BUILDING WAS ACTUALLY DESIGNED AS A SPECULATIVE, UH, RETAIL STRIP CENTER.

AND THE ORIGINAL DESIGN, UH, WAS SUPPOSED TO BE 75%, UH, RETAIL, 25% ASSEMBLY, MEANING RESTAURANT, UM, OVER THE TIME.

AND WE HAD, UH, AT THE TIME WE MET WITH THE LANDLORD BECAUSE THEY, UH, STARTED TO, UH, SELL OUT OR LEASE OUT AND COME TO US, UH, WITH MORE THAN THAT, MEANING 75% ASSEMBLY, WHICH WAS MORE PARKING.

UH, THAT WAS THE ADDITIONAL THING.

SO WE MET WITH THEM.

UH, THEY DID A COOPERATIVE PARKING AGREEMENT ACROSS THE STREET, UH, TO GET SOME OF THE REQUIRED PARKING SPACES.

UH, CLEARLY, UH, THEY MEET THE MINIMUM REQUIRED, UH, PARKING SPACES FOR, UH, RESTAURANTS.

UH, BUT AS YOU CAN TELL, UH, THAT OVERFLOW FROM A TYPICAL, UH, REALLY ILLEGAL COLLEGE BAR IS, UH, IS OVERFLOWING INTO THE NEIGHBORHOOD.

SO, JUST A LITTLE HISTORY ON THAT.

YOU MENTIONED PARKING LAST QUESTION, AS DID THEY, LAST QUESTION I HAVE IS, DO YOU HAVE A COPY OF THEIR LEASE AGREEMENT WITH THE LANDLORD? I DO NOT.

I ASK THAT BECAUSE I'D LIKE TO SEE WHAT THE, UH, USE LANGUAGE IS IN THAT.

SURE.

I I DO NOT HAVE THAT.

YES.

UM, MIKE, UM, LET ME ASK YOU A QUESTION.

UH, IF I LOOK AT THAT PARTICULAR PROPERTY, IT'S 72 80 UTSA BOULEVARD.

UM, I BELIEVE IT'S TO THE WEST OF, THERE IS A PIECE OF LAND, BUT MOST OF THAT LAND IS A DRAINAGE EASEMENT.

SO THAT TRACKED LAND IS C TWO, BUMPING UP AGAINST SINGLE FAMILY RESIDENTIAL R ONES.

YOU COULD NEVER MAKE THAT PROPERTY WITHOUT SOME VARIANCE.

YOU COULDN'T CHANGE, I KNOW THIS IS, THIS IS UNDER ZONING TO A C3 TO ALLOW THEM TO EVER OPERATE, UH, AS THEY BAR AS YOU'VE NOTED.

CORRECT.

THERE, THERE WOULD BE A LOT OF HURDLES TO OVERCOME.

UH, I'M NOT SURE HOW THEY WOULD GET THERE.

UH, WE'D HAVE TO LOOK AT THAT TO SEE.

UH, ONE, THEY WOULD HAVE TO REQUEST A C3 ZONING THROUGH THE ZONING PROCESS, WHICH IS OPEN PUBLIC HEARINGS, UH, ALL THE WAY THROUGH THE ZONING COMMISSION, ALL THE WAY UP TO CITY COUNCIL THAT THEY WOULD CHANGE THE ZONING.

BUT EVEN AFTER THAT, THERE COULD BE SOME DEVELOPMENT ISSUES THAT THEY WOULD NEED TO SEEK VARIANCES OR MAKE CHANGES TO, UH, EITHER THEIR USE FOR DESIGN, UH, OR SITE LAYOUT OR SOMETHING.

SO I, I WOULD SUSPECT THEY WOULD HAVE TO DO A LOT TO, YEAH, TO GET THERE.

BUT THE FIRST STEP WOULD BE TO GET THE REZONING TO C3, WHICH, UH, WHICH, UH, HELPS ME PERSONALLY UNDERSTAND WHY THEY'RE APPEALING THIS.

THE OTHER QUESTION IS, DOESN'T THE TEXAS ALCOHOLIC BEVERAGE COMMISSION HAVE JURISDICTIONAL AUTHORITY ON THE PROXIMITY OF A BAR TO A CHURCH? AND IT'S, OR DOES THE CITY ALSO HAVE AUTHORITY? THE CITY HAS GRANTED AUTHORITY, UH, TO GRANT VARIANCES THROUGH CITY COUNCIL.

UH, WHICH THE CITY COUNCIL HEARS, UH, YOU KNOW, ON OCCASION, UH, THEY HEAR IT FROM EITHER, UH, SCHOOLS OR CHURCHES OR SOMETHING LIKE THAT.

OKAY.

THE OTHER QUESTION IS, IS THAT WE HAVE, BASED ON, UH, OCCUPANCY CLASSIFICATION AND SQUARE FOOTAGE, WE HAVE MINIMUM OF MAXIMUM PARKING REQUIREMENTS.

MM-HMM.

IT SOUNDS TO ME LIKE THIS ESTABLISHMENT IS NOT IN COMPLIANCE WITH THOSE.

AND SO HOW DOES THE CITY ADDRESS A, A, UH, FACILITY THAT OPERATES A BUSINESS THAT OPERATES, THAT'S NOT MEETING THE MINIMUM OR THE MAXIMUM PARKING REQUIREMENTS ON A, IN A LOCATION LIKE THIS? YEAH.

WELL, UH, WE, WE, WE, AS I MENTIONED, UH, ORIGINALLY, UM, THIS SPECULATIVE SHELL SPACE WAS, WAS DESIGNED TO ONLY REALLY HAVE A SMALL PORTION OF, UH, RESTAURANT FOOD SALES.

UM, AND MOSTLY RETAIL.

SO YOU THINK OF JUST TYPICAL STORES OR ANYTHING LIKE THAT.

UM, AND IT QUICKLY STARTED TO GET, UH, LEASED OUT BY THE LANDLORD AT THE TIME, A LOT MORE THAN THAT, INTO ASSEMBLY RESTAURANT.

THAT WAS A TACO SHOP AT ONE POINT.

UM, SO THEY, THEY MEET WITH THE COOPERATIVE PARKING AGREEMENT ACROSS THE STREET, THIS PROPERTY, PLUS THAT THEY MEET THE MINIMUM PARKING AS RESTAURANTS, UH, AS, AS A BAR.

WE'D HAVE TO LOOK AT THAT, UM, AND SEE WHAT THOSE NUMBERS LOOK LIKE.

I DON'T HAVE ANY OF THAT PREPARED.

THE MAIN ISSUE TODAY THOUGH, IS THAT REALLY, UM, YOU KNOW, THEY'RE, THEY'RE, THEY'RE A BAR.

THEY'RE NOT ALLOWED TO BE THERE.

UM, IT CAUSES A LOT OF ISSUES, UH, TO THE SURROUNDING AREAS.

UH, JUST THE INTENSITY OF THAT USE.

SO, UM, BUT I'D HAVE TO DO SOME MORE RESEARCH ON, ON THE EXACT NUMBER FOR IT.

BUT THEY, THEY WOULD BE LEGAL AS A RESTAURANT.

CORRECT.

UM, IF THAT WAS ONLY

[01:35:01]

RESTAURANTS, UH, AS, AS SUCH WITH THAT COOPERATIVE PARKING, UH, ACROSS THE STREET.

YEAH.

THEN THE OTHER QUESTION I HAD ON, IT'S PROBABLY MY LAST ONE, IS, UH, I KNOW THAT THE CITY HAD A PROGRAM HERE A COUPLE OF YEARS AGO WITH, UH, I BELIEVE IT'S ON THE BOOKS.

IT'S A SOUND ORDINANCE, AND YOU ACTUALLY HAVE THE ABILITY TO GO OUT WITH A DECIBEL MEASUREMENT, UH, DEVICE, UH, AT THE, UNDER THE TRIAL PERIOD OF THAT, IT WAS DEVELOPMENT SERVICES.

BUT DID THAT EVER CONVERT TO HELP THE POLICE DEPARTMENT TO SAY, LOOK, YOU'RE EXCEEDING THE, THE CITY OF SAN ANTONIO SOUND ORDINANCE.

'CAUSE YOUR DECIBEL LEVEL EXCEEDS THAT AND YOU'RE GONNA BE CITED.

IS THERE ANY SORT OF RECOURSE TO THE RESIDENTS THERE UNDER THAT ORDINANCE THAT IT'S CURRENTLY ON THE BOOKS? SURE.

UH, SO THE SOUND ORDINANCE DOES HAVE MAXIMUM DECIBEL LEVELS.

YOU HEARD A LOT ABOUT NOT NOISE COMPLAINTS.

UH, I THINK THAT THE PD STAFF HERE, I DON'T DUNNO IF IT'S THEM OR OTHERS, OVER THE YEARS, WE HAVE, UH, AS A CITY TAKEN DECIBEL READINGS, WHETHER IT'S THE POLICE, UM, I, I THINK THE, THE OWNER HAS, HAS TRIED TO ADDRESS SOME OF THAT.

I DON'T KNOW HOW SUCCESSFUL THAT'S BEEN.

UH, WE'D HAVE TO GET YOU THAT INFORMATION.

BUT, UH, BUT WE DO HAVE A NOISE ORDINANCE.

THERE ARE PENALTIES FOR THAT.

UH, GENERALLY THOSE ARE FINES ISSUED BY THE POLICE DEPARTMENT, UH, IF YOU'RE OVER IT.

UM, AND, UH, THAT'S USUALLY HOW IT WORKS.

THANK YOU.

THANK YOU, MR. SHANNON.

MM-HMM, , GO AHEAD.

GO AHEAD.

I GOT ANOTHER QUESTION, JEFF BYER ON THE, UM, WE'RE HERE A LITTLE DISCREPANCY ON THE APPLICATION.

CAN YOU GO BACK TO THE APPLICATION? HE'S SAYING HE, HE APPLIED FOR A TAVERN AND YOU'RE SAYING HE APPLIED FOR A RESTAURANT BAR.

WHAT SHOWS ON THE ORIGINAL APPLICATION? WELL, WE PULLED UP HERE.

THIS IS THE, UM, UH, COMMERCIAL MULTI-FAMILY.

NO, THE OTHER ONE.

YOU, YOU WERE TALKING ABOUT THE SECOND ONE.

YOU'RE TALKING ABOUT THE, THAT WAS REFERENCING THE SECOND APPLICATION.

YEAH.

WELL, I, I THINK WE'D PROBABLY NEED TO LOOK AT BOTH OF THEM.

YEAH.

SO THE PROJECT SCOPE OF WORK WAS, UH, RELOCATION OF EXISTING STAIRS AND TENANT IMPROVEMENTS FOR A FOOD CONSUMPTION SPACE IN A PREVIOUSLY OCCUPIED SPACE.

UH, SO AGAIN, THAT TELLS US AS WE ARE REVIEWING AN APPLICATION THAT THIS IS STILL INTENDED TO OPERATE AS REALLY A FOOD ESTABLISHMENT.

RIGHT.

UH, WE DON'T DEFINE FOOD CONSUMPTION SPACE.

WE DO HAVE FOOD ESTABLISHMENT.

I THINK I PUT THAT UP ON ANOTHER SLIDE.

SO AGAIN, WHEN, WHEN, WHEN PEOPLE APPLY TO US FOR A PERMIT TO DO SOMETHING, THEY GIVE US INFORMATION, THEY REQUEST, AND THEY TELL US THAT'S THE REASON FOR, UH, SCOPE OF WORK.

THEY GIVE US SOME DESCRIPTION OF WHAT THEY'RE DOING.

UH, AS A FORMER PLANS EXAMINER, IF I'M READING THAT, I WOULD, UH, I WOULD CERTAINLY SAY THIS IS A, A FOOD AREA, FOOD SPACE.

UH, IT WOULDN'T, IT WOULDN'T TELL ME THAT WE'RE TRYING TO CHANGE OUR CERTIFICATE OF OCCUPANCY TO A, FROM A RESTAURANT TO A BAR OR TAVERN.

IF WE DID, IT WOULD, IT WOULD HAVE BEEN REVIEWED BY OUR ZONING STAFF AND WE WOULD'VE CAUGHT THAT.

C TWO DOESN'T ALLOW A BAR.

I THINK THAT'S HOW IT WOULD'VE.

BUT I'M, I'M, I'M JUST GIVING YOU SOME EXPERIENCE AS A PLANS EXAMINER AND KNOWING HOW WE, HOW WE DO DO IT.

ACTUALLY, CAN I PROVIDE SOME MORE CONTEXT HERE? IS THAT POSSIBLE? SURE.

GO AHEAD.

UM, SO THERE WAS THIS, UH, LEMME THE MICROPHONE.

PLEASE, PLEASE USE THE MIC.

COMMERCIAL PROJECT.

COMMERCIAL PROJECT APPLICATION FILED UP THERE REAL QUICK.

YEAH.

UM, LEMME READ OFF.

OKAY.

IN, UH, JANUARY OF 21 FOR SOME IMPROVEMENTS TO THE FACILITY, UM, THERE IS LANGUAGE, THE, THE CERTIFICATE OF OCCUPANCY LANGUAGE IS INCORPORATED INTO THIS APPLICATION.

UM, AND WHAT WE WILL SHOW YOU IS HOW THOSE QUESTIONS WERE ANSWERED, UH, WITH REGARD TO THE CO THAT WAS APPLIED FOR AT THAT TIME.

AGAIN, THIS IS 2021, IT'S A LITTLE DIFFICULT TO SEE, BUT, UM, IT SAYS, LET ME READ IT FOR YOU FOR MINUTE.

DID YOU ZOOM THE CAMERA? IT SAYS, ALCOHOL HYEN BAR OR TAVERN WITHOUT COVER CHARGE, THREE OR MORE NIGHTS A WEEK, CHECKED YES.

DOES THE BAR, NIGHTCLUB, TAVERN, OR FOOD ESTABLISHMENT INCLUDE LIVE ENTERTAINMENT OR COVER CHARGE? YES.

HMM.

SO THAT IS WHAT WAS REPRESENTED IN CONNECTION WITH THE APPLICATION IN 2021.

WOULD YOU, WOULD YOU MIND SHOWING THAT? JUST PUT IT UP ON THE SCREEN AGAIN? YEAH, SURE.

I THINK THE NEXT ONE SAYS, FOOD SERVICE ESTABLISHMENT WITHOUT COVERAGE YARD ALSO CHECKED.

SO IF, IF I, I WOULD JUST OFFER TO HELP ANSWER THE FINAL QUESTION THAT CAME TO ME, UH, THAT HE WAS HELPING ME PROVIDE SOME, UH, UH, CLARIFICATION TO THAT IS AT BEST UNCLEAR.

IF THEY'RE TRYING TO SAY THAT, THAT'S CLEAR, I WOULD SUGGEST, WHAT DO YOU, WHAT DO YOU WANT TO BE? DO YOU WANT TO BE A BAR? DO YOU WANNA BE A RESTAURANT? WE GAVE YOU APPROVAL AS A RESTAURANT, AND IF YOU DIDN'T KNOW ANY BETTER EXPLANATION, IF YOU DIDN'T KNOW ANY BETTER, THEN I DON'T KNOW WHAT TO TELL YOU, BUT IT'S CLEARLY ILLEGAL.

THIS IS ROBERT HANLEY.

UH, SIR, YOU

[01:40:01]

KNOW, ONE OF THE THINGS THAT, IN YOUR PRESENTATION YOU WERE NOTICING IS YOU WERE PUTTING THE BURDEN ON THE CITY DEVELOPMENT SERVICES TO INTERPRET AND DO THIS STUFF.

AND SOME OF THIS IS YOUR DUE DILIGENCE AS AN APPLICANT TO KNOW WHAT YOU'RE GONNA OPERATE, WHAT YOU'RE GONNA DO.

AND IF IT COMES BACK AND HE SAYS, WELL, YOU CAN'T DO A BORROWER TAVERN, 'CAUSE YOU'RE NOT A C3, YOU'RE A C TWO, THAT SHOULD TRIGGER SOMETHING FOR THE PERSON AND THE APPLICANT WHO'S DOING THIS.

AND THAT BURDEN SHOULDN'T BE PASSED TO THE CITY ALL, ALL THE TIME.

I AGREE WHOLEHEARTEDLY.

UM, HOWEVER, AGAIN, WE REPRESENTED IN THE APPLICATION WE'D BE, WE WOULD BE A BAR TAVERN.

THE CITY ISSUED WITHOUT EXPLANATION, A RESTAURANT WITH ALCOHOL SALES.

IF YOU GO BACK TO THE CODE OR TO THE APPLICATION, THERE'S NO REFERENCE IN THERE THAT YOUR ALCOHOL SALES CANNOT EXCEED 75% IF YOU HAVE THAT TYPE OF LICENSE OR CERTIFICATE.

I, I DID SEE THE CHECKLIST THAT YOU SENT.

DO YOU HAVE A DOCUMENT THAT SHOWS THAT THE INITIAL SUBMITTAL, BECAUSE YOU ALREADY HAD A C OF O YOU TOOK IN MORE LEASE SPACE, SO YOU EXPANDED YOUR EXISTING C OF O.

DO YOU HAVE A SEPARATE APPLICATION FOR C CFOS THAT SPECIFICALLY SAYS TAVERN OR BAR, I SEE A CHECKLIST, WE CHECK THIS, WE CHECK THIS.

THAT'S A BOX.

BUT DO YOU ACTUALLY HAVE SHOWA APPLICATION, A SEPARATE APPLICATION? YES.

NO, IT'S MY UNDERSTANDING THAT IT WAS ALL SUBMITTED IN ONE MASTER FORM IN CONNECTION WITH THE REMODEL THAT IT DID, THAT WAS INCORPORATING THE ADDITIONAL SQUARE FOOTAGE.

BUT IT'S CAPTURED IN THE CITY RECORD HERE.

THE, THE CITY TAKES THAT INFORMATION AND PUTS IT IN HERE.

BUT IT WAS REALLY AN EXPANSION OF THE EXISTING C OF O WHEN YOU ADDED THE ADDITIONAL SQUARE FOOTAGE.

YES, THAT'S CORRECT.

ALRIGHT.

THANK YOU UHHUH.

, I HAD A QUESTION FOR YOU ALSO.

UH, SIR, WHAT IS YOUR, WHAT LICENSE DO THEY HAVE FROM THE TABC? UM, PARDON? IT'S A MIXED BEVERAGE LICENSE.

NOT THAT I WAS GONNA GO ABOUT TO ANSWER.

CAN YOU COME TO THE MICROPHONE, THE CITY COME TO THE MICROPHONE FOR YOUR FIRST QUESTION, SIR.

IT'S 300 FEET.

THEY CAN SELL ALCOHOL OKAY.

FROM A CHURCH.

THE SECOND THING IS, IF THEY'RE SAYING, AND WE HAVE THE TABC DOCUMENTS THAT THEY, I KNOW THEY KEEP POINTING TO THE CITY AND CITY.

IF THEY FELT THAT THEY WERE A RESTAURANT, THEY STARTED SEEING THAT NEVER OVER THESE FOUR OR FIVE YEARS HAVE THEY GONE TO TA, B AND C SAY, HEY, YOU KNOW WHAT? WE NEED A LATE HOURS.

WE HAVE A, THEY HAVE A LATE HOURS PERMIT, BUT THEY DON'T HAVE AN FB PERMIT, WHICH IS A FOOD AND BEVERAGE PERMIT, HAVE NEVER GONE TABC.

THEY'VE NEVER TAKEN THAT OUT.

AND UNDER TABC RULES, IT HAS TO BE 60%.

SO THEY'RE WAY EVEN OVER THAT, UNDER THE TABC RULES.

THAT'S RIGHT.

THAT'S GOOD.

AND, AND I WAS GONNA SAY, IF, CORRECT ME IF I'M WRONG ON THIS, AND SOME OF THIS TO, FOR RELIEF OF THE RESIDENCE, IS THAT IT GOES TO THE TEXAS ALCOHOLIC BEVERAGE, BUT THAT 300 FEET, ISN'T IT, PROPERTY LINE TO PROPERTY LINE, IT'S NOT DOOR TO DOOR, RIGHT? YES, SIR.

YES, SIR.

THANK YOU.

YES, SIR.

CAN I ASK A QUESTION? SURE.

GO AHEAD, MIKE.

UM, THIS IS A QUESTION.

MY NAME'S MIKE RUSTON.

THIS IS AN APP, A QUESTION FOR THE APPELLANT.

MM-HMM.

, YOU TALKED ABOUT THE TIME PERIOD BEING VAGUE ABOUT THE OVER 75%.

IS THERE A REASONABLE TIME PERIOD WHERE THE ESTABLISHMENT IS IN COMPLIANCE? I'M SORRY, IS THERE A REASONABLE TIME PERIOD AND RIGHT.

YOU, YOU SAID IT'S VAGUE ABOUT, YOU KNOW, WHEN THE ALCOHOL SALES HAS TO BE UNDER 75%.

RIGHT.

AND SO WE SAW TWO MONTHS WHERE IT WAS IN THE 90% AND YOU SAID, YOU KNOW, YOU DON'T KNOW WHAT IT IS OR WHAT, I MEAN, IS THERE A TIME PERIOD WHERE THE, THE SALES ARE BELOW 75%? NO, I, I'M NOT AWARE OF THAT INFORMATION, NO.

OKAY.

THANK YOU.

MAX SAUCE BOARD.

I HAVE A QUESTION FOR YOU.

YES, SIR.

IF I CAN ASK YOU AND YOUR CLIENT WHAT HAPPENED FROM 2018 WHEN YOU WANTED TO OPEN UP A RESTAURANT TO TODAY THAT IT'S A SIGNIFICANT BAR.

RIGHT.

SO AS I MENTIONED IN A, IN MY, UH, PRESENTATION A MOMENT AGO, THE FACILITY HAS QUITE A LARGE KITCHEN.

AND IT WAS OUR INTENTION AND EXPECTATION THAT FOOD SALES WOULD BE A SUBSTANTIAL PORTION OF THE REVENUE OF THE ORGAN, OF THE ENTITY.

UM, I UNDERSTAND THAT, BUT WHAT HAPPENED, THEY, THEY STARTED OUT AS A RESTAURANT AND THEY HAVE A LARGE FACILITY TO, TO COOK AND SERVE.

RIGHT.

AND HOW DID IT GO WILD? HOW DID IT GO SOUTH INTO A BAR? UH, APPARENTLY IT, IT WAS DRIVEN BY THE CUSTOMERS.

THAT WAS WHAT THE CUSTOMERS WANTED.

NOW, AGAIN, BECAUSE OF THE LARGE KITCHEN, IT, IT IS CERTAINLY OUR EXPECTATION THAT WE COULD GET BACK UNDER THE 75% BECAUSE WE HAVE THE, THE, THE PHYSICAL PLANT TO, TO, UH, OFFER THAT MUCH FOOD AND PROVIDE THAT MUCH FOOD.

JOHN MAR I HAVE A QUESTION.

GO AHEAD.

DO Y'ALL HAVE A COPY OF THE MENU OR DO WE HAVE ANY EVIDENCE OF A MENU FOR THE LOCATION? UH, WE CAN CERTAINLY PROVIDE IT AFTER THE FACT.

[01:45:02]

CAN WE TAKE A QUESTION FROM THE, FROM OUTSIDE OR NOT OUTSIDE? I DON'T THINK WE CAN, CAN WE GO AHEAD? WE HAD, WE HAD A, IT'S, IT'S UP TO YOU CHAIR.

OKAY.

VERY GOOD.

JACK, JUSTIN JUST SAID IT'S UP TO YOU.

YOU ALREADY DID.

NO, WE'LL JUST, LET'S JUST STICK WITH THIS RIGHT HERE.

THIS IS GOOD.

WE ALREADY DID PUBLIC HEARING.

DO WE HAVE ANY OTHER QUESTIONS? SPENCER? UH, SPENCER RAMSDALE.

I HAVE A QUESTION.

COACH SPENCER.

OH, OKAY.

THIS IS IN PART WITH THE, UH, WITH THE BAR ITSELF AT THE LATE NIGHT HOURS WITH THE, WITH THE HOMEOWNERS.

AND MY QUESTION IS THIS, DO YOU GUYS HAVE A THIRD PARTY SECURITY TEAM AT THE BAR? YES, WE DO THAT, UH, OUR POSITION TO END THE PARKING LOT ITSELF.

WE ALSO, UM, I KNOW FOR A PERIOD OF TIME HAD A GENTLEMAN THAT WOULD GO AND CLEAN UP THE STREET, UH, AFTER, UH, EVERY MORNING AFTER, YOU KNOW, AFTER BUSINESS WAS CONCLUDED.

SO, AND, AND MY CLIENT WOULD CERTAINLY CONSIDER RE REINS REINSTITUTING THAT PROCESS, UM, FOR THE BENEFIT OF THE HOA IT, UH, JUST, UH, SPEAKING OUT LOUD AS A FORMER RESTAURANT BAR OWNER FROM MANY YEARS BACK, THAT YOU'RE DOING EVERYTHING YOU CAN TO, UH, HAVE A GOOD BUSINESS.

AND YOU DON'T KNOW WHAT THAT BUSINESS IS GONNA BRING WHEN YOU OPEN UP, UP.

'CAUSE YOU DON'T HAVE ANOTHER SANDBOX ANYWHERE ELSE, DO WE? IS THIS THE ONLY ONE? THAT'S THE ONLY ONE.

SO WHEN IT OPENED UP, AND YOU SEE THIS MENU, BUT YOU DID CREATE A 2000 SQUARE FOOT ROOFTOP BAR SAND AREA.

UH, AND THERE LOOKED LIKE THERE THE INTENTION MAY HAVE BEEN INITIALLY TO BE A RESTAURANT WITH A, IT'S, IT'S A HUGE MENU THAT I SAW.

IT'S NOT CHICK-FIL-A IT'S, IT'S PRETTY EXTENSIVE.

MM-HMM.

.

I DOUBT MOST OF THOSE THINGS ARE SERVED WITH THE, UH, WITH THE RECIPIENTS.

PROBABLY MORE BAR FOOD THAN ANYTHING ELSE.

WITH THE GROUP THAT YOU HAVE GOING IN THERE PREDOMINANTLY, UM, IT SEEMS LIKE THOSE TWO MONTHS ARE INDICATIVE.

I KNOW YOU WERE CONCERNED ABOUT THAT.

IT WAS A VERY SMALL PERIOD, BUT THEY WERE PROBABLY INDICATIVE OF EVERY MONTH.

AND AS AN OWNER, YOU'RE GOING, WE'RE KILLING IT.

THIS IS GREAT.

AND WE'RE AT 90% SALES, WHATEVER, WE'RE MAKING SOME MONEY.

AND, AND I SEE ALL THAT.

THE PROBLEM IS WITH THE CITY AND IN A GROUP LIKE OURS, THE CITY HAS THESE ZONING RULES TO PROTECT THE CITIZENS.

AND, AND WHEN THEY, WHEN, WHEN YOU ALL OF A SUDDEN HAVE SOMETHING THAT YOU INITIALLY DESIGNATED AS A, A PIG, AND THEN YOU PUT A PINK RIBBON AROUND IT AND WANTED TO CALL IT A A HORSE, IT, IT CHANGED.

YEAH.

AND ALL OF A SUDDEN, THAT WASN'T THE INTENTION.

THE INTENTION SURE.

WASN'T FOR THE CITY TO SAY, WE'RE GONNA HAVE A BANGING BAR RIGHT HERE NEXT TO THE CHURCH AND NEXT TO ALL THESE NEIGHBORHOODS.

AND, AND IF, IF YOUR MOTHER LIVED THERE NEXT DOOR, SHE'D BE SCREAMING AT YOU.

WHY ARE YOU UP THERE TALKING IN THE FIRST PLACE? AND THERE'S A DISCONNECT.

SURE.

OBVIOUSLY, AND, AND YOU KNOW, THE CITY IS IN A VERY TOUGH POSITION BECAUSE OF WHAT HAS BEEN TRANSFORMED.

RIGHT.

SO I DON'T KNOW WHAT THE, I MEAN, WE WE'RE GONNA HEAR IT CUT AND DRIVE ONE WAY OR THE OTHER.

MIKE, IS THAT WHAT WE'RE, SO, SO IWII CAN APPRECIATE YOUR COMMENTS.

UM, BUT AGAIN, MAYBE THE NATURE OF THE, OF THE ORG OF THE ENTITY CHANGED, BUT THEY WERE IN POSSESSION OF THE CERTIFICATE OF OCCUPANCY THAT DIDN'T TELL THEM THAT THEY WERE OUT OF COMPLIANCE.

AND THEY HA THAT THEY WILL COMMIT TO YOU THAT THEY WILL, IF GIVEN A PERIOD OF TIME, DO EVERYTHING THEY CAN TO GET BACK INTO COMPLIANCE WITH THE CERTIFICATE OF OCCUPANCY.

ALL THEY NEED IS A LITTLE TIME.

WELL, FROM MY ASPECT, I'M SURE MOST UP HERE, WE WOULDN'T KNOW WHAT ANYTHING THEY CAN MEANS BECAUSE SO, WELL, WE TRIED, WE HAD, WE HAD A GUN LICENSE TO HAVE GUNS, BUT OUR GUYS JUST WERE SHOOTING THE CRAP OUTTA 'EM, AND WE JUST REALLY, WE COULDN'T, WE COULDN'T KEEP 'EM DOWN FROM IT.

WE HAVE A QUESTION MARK ROSS AND ALTERNATE.

CAN YOU GO BACK TO THE TIME, THE TIME SLIDE? SO YOU MET WITH THE, THE, UH, CITY ON NOVEMBER, DECEMBER THE SIXTH.

AND SO YOU WERE ON NOTICE THEN THAT YOU NEEDED TO BE BELOW THE 75%.

SO FROM DECEMBER 6TH TO TODAY, HAVE Y'ALL DONE ANYTHING TO BE IN COMPLIANCE? ARE YOU AT THE 75% RIGHT NOW?

[01:50:02]

SO, UM, BY MATT, WHAT'S YOUR LAST NAME? TH THURMAN THIRD.

THIS IS MATT THURBER.

HE'S ACTUALLY THE MANAGER OF SANDBOX.

UM, THE NEW ONE THAT, UH, I REFERENCED A MOMENT AGO THAT WAS HIRED IN AUGUST.

HE CAN TELL YOU ABOUT THE, THE, UH, FOOD SALES THAT HAVE TAKEN PLACE SINCE THE MEETING WITH THE CITY IN DECEMBER.

SO SINCE I TOOK OVER IN, UH, JUNE OF 2023, MY INTENTION WAS TO BRING SANDBOX BACK TO ITS ROOTS AS MORE OF A TRADITIONAL SPORTS BAR.

UH, THAT STARTED BY ALSO YOU SAW INCREASING THE FOOD MENU, UH, MAKING IT LARGER, MORE APPEALING TO THE CLIENTELE.

UH, WE FOCUS MORE ON DAILY ENTERTAINMENT.

LIKE I SAID, THE POKER GAMES DRAW A LOT OF FOOD SALES.

UM, SO AS FAR AS THE, THE GROWTH GOES, I, I ONLY HAVE THIS MONTH TO LOOK AT, BUT WE'RE SITTING AT 20.3% IN FOOD SALES, UH, OVER THE ENTIRE MONTH OF JANUARY SO FAR.

AND THAT'S MY GOAL, IS TO KEEP THE FOOD SALES GROWING.

SINCE I STARTED, THEY WERE AT A LOWER 7%.

AND OVER THE SIX MONTHS TIME PERIOD, I TOOK OVER WITHOUT KNOWING WE WERE OUT COMPLIANCE OR KNOWING, UM, THAT WE WERE SUPPOSED TO BE IN THE 50% RANGE OR 75% RANGE.

OUR FIRE MARSHAL JUST CAME IN THE MONTH BEFORE AND NOTIFIED US WE WERE A, A NIGHTCLUB AND THAT WAS THE CFO.

WE DID A CHECKLIST WITH, I SAT WITH THE FIRE MARSHAL.

WE WENT THROUGH EVERY, UM, PROCEDURE AS FAR AS THE, THE STAIRS GO, UH, MAKE SURE ALL THE FIRE COMPLIANCE SAYS.

BUT HE TOLD US WE WERE A NIGHTCLUB.

AND THAT WAS MY ASSUMPTION UP TO LAST MONTH.

SO WHEN WE RECEIVED THE NOTIFICATION THAT WE WERE, UH, OUTTA COMPLIANCE, IT STRUCK ME, UM, UH, TOTAL BY SURPRISE.

SO UPON LEARNING THAT WE NEED TO INCREASE FOOD SALES, THAT'S BEEN MY MAIN GOAL.

UM, SO FROM THE SIX MONTHS THAT I'VE TAKEN OVER, WE'VE GONE FROM, UH, THE 7% TO ABOUT 12%.

AND THAT'S WHEN WE INITIALLY DID THE APPEAL IS, UH, IF WE WERE GIVEN THE TIME, I KNOW WE CAN'T HIT THE 25% ON A NORMAL DAILY BASIS.

AND I THINK THIS MONTH IS INDICATIVE, WE'RE SITTING AT 23, 20 0.3%.

UH, GRANTED IT'S ONLY BEEN FIVE DAYS, BUT THAT'S A HUGE CHANGE FROM WE WERE JUST EVEN A MONTH AGO WHERE, UH, MY QUESTION WAS WHERE WERE YOU IN DECEMBER? IN DECEMBER FOR THE ENTIRE MONTH.

THERE IT GOES.

SO THE ENTIRE MONTH OF, UH, DECEMBER DOES SHOW THE FOOD SALES WE'RE SITTING AT 6.8% IT, MR. CHAIR, CAN I MAKE A, A COMMENT? SURE, GO AHEAD.

UH, THIS, THIS IS MIKE RUST.

UM, YOU KNOW, I DON'T WANNA, I'M NOT, THE INTENT IS NOT TO CUT ANY OF THIS SHORT, BUT I THINK OUR BOARD, YOU KNOW, WE'RE NOT A CHAPTER 35 BOARD, RIGHT? WE ARE CHAPTERS 10, 11, 28, I THINK IS THE SIGNED ONE.

UM, THE PERTINENT SENTENCE HERE IS, YOU KNOW, 10 12 D THE BUILDING OF OFFICIAL HAS AUTHORIZED TO SUSPEND OR REVOKE OR A CERTIFICATE OF OCCUPANCY ISSUED UNDER THE PROVISIONS OF THIS CHAPTER, WHEREVER THE CERTIFICATE IS ISSUED IN ERROR OR ON THE BASIS OF INCORRECT INFORMATION SUPPLIED, OR WHETHER IT'S DETERMINED THAT THE BUILDING STRUCTURE OR PORTION THERE PORTION THEREOF IS IN VIOLATION, BLAH, BLAH, BLAH.

SO IN TERMS OF, YOU KNOW, IS IT ON US TO DETERMINE IS THIS A BAR OR RESTAURANT? THAT'S NOT REALLY WHY WE'RE HERE.

I THINK IT'S FAIRLY OBVIOUS THAT IT'S, YOU KNOW, MORE A NIGHTCLUB THAN ANYTHING.

YOU KNOW, IF YOU LOOK AT THE, THE C TWO ZONING NIGHT LIVE ENTERTAINMENT WITH COVER CHARGE AND WHAT THAT'S DEFINED AS IS AMPLIFIED MUSIC.

AND IT'S VERY CLEAR THAT THE NEGATIVE EXTERNALITIES IN THE COMMUNITY, UM, ARE EXCESSIVE, UM, AND MOCKED BY THE ESTABLISHMENT.

BUT AGAIN, THAT DOESN'T EVEN MATTER THAT I THINK THAT, I THINK THE, THE QUESTION BEFORE US IS, DOES THE BUILDING OFFICIAL HAVE THE AUTHORITY TO REVOKE THE CERTIFICATE OF OCCUPANCY? I THINK THE ANSWER TO THAT QUESTION IS CLEARLY YES.

IF WE'RE ASKED TO, YOU KNOW, IF WE'RE ASKING IS IT DONE IN ERROR, UM, THAT REVOCATION, OR DO WE THINK HE'S MISREADING THE CODE? I HAVE HEARD NOTHING OR SEEN NOTHING, AND I DON'T THINK THERE'S ANY MORE INFORMATION WE COULD GET THAT WOULD MAKE ME THINK THAT THAT WAS THE CASE.

UM, AND SO, YOU KNOW, FOR FOR PURPOSES OF TIME IN THIS, I, I, I DON'T KNOW, I FEEL LIKE MAYBE IT'S TIME TO, TO MOVE ON, BECAUSE THAT'S THE QUESTION BEFORE US IS, DID THE BUILDING OFFICIAL ACT APPROPRIATELY AND GREG, GREG MCFARLAND, I DO HAVE ONE MORE QUESTION BECAUSE I'M GONNA REFERENCE SPECIFICALLY WHAT YOU JUST SAID IN IT.

AND I THINK THAT LANGUAGE WAS UP ON THE SCREEN BEFORE IF A CERTIFICATE OF OCCUPANCY WAS ISSUED IN ERROR.

AND I THINK THAT'S WHAT WE'RE REALLY AT, IS THIS CITY ISSUED A CERTIFICATE OF OCCUPANCY IN AIR BACK IN 2020.

WELL, I DON'T THINK IT, I DON'T THINK IT MATTERS IF IT DID OR NOT.

I DON'T, I DON'T BELIEVE THAT THAT'S THE CASE.

I THINK THEY DID IT BASED ON INFORMATION THEY HAD.

BUT A AGAIN, IT DOESN'T EVEN MATTER.

I MEAN, I'VE BEEN ON THIS BOARD FOR GOING ON 12 YEARS.

I CAN COUNT ON LESS THAN ONE HAND THE NUMBER OF TIMES THAT WE'VE HAD A CERTIFICATE OF OCCUPANCY REVOKED.

AND YOU KNOW, ME, YOU KNOW, I, I'M MORE SYMPATHETIC TO, TO BUSINESS OWNERS AND PROBABLY MOST PEOPLE ON THE BOARD WHEN IT COMES TO THESE THINGS, AND I'M SYMPATHETIC

[01:55:01]

TO THEIR SITUATION.

BUT, UM, YOU KNOW, THERE'S NEGATIVE EXTERNALITIES, AND THEN THERE'S WHAT WE'VE SEEN HERE.

BUT AGAIN, I, IT, IT, IT'S ALMOST ALL IRRELEVANT BECAUSE WHETHER IT WAS AN ERROR OR WHETHER THE, UM, THEY WERE GIVEN BAD INFORMATION OR WHETHER THE BAR IT JUST TURNED INTO A BAR, IT, IT'S IRRELEVANT.

AND I THINK GIVEN THE EXTREMITY OF THE, THE, YOU KNOW, OF, OF WHAT'S GOING ON IN THE AREA, I, I COULDN'T, I COULDN'T BRING MYSELF TO, TO SAY THAT I THINK THE BUILDING OFFICIALS MAKING A BAD DECISION HERE.

BUT AGAIN, IT ALMOST DOESN'T MATTER MY OPINION.

BECAUSE THE QUESTION BEFORE US IS, IS HE ACTING WITHIN HIS AUTHORITY ALREADY? YES.

UH, CHAIRMAN, THIS IS ROBERT HANLEY AGAIN.

UH, MR. UH, SPENCER, I JUST WANTED TO CLARIFY YOUR THING ABOUT, TO GIVE THEM THE OPTION OF HAVING SECURITY.

THE PROBLEM WITH GETTING A SECURITY ONE, THEY DON'T HAVE THE AUTHORITY TO MAKE ARREST.

TWO, THEY HAVE NO AUTHORITY IN THE NEIGHBORHOOD.

SO THEM ADDING IN SECURITY TO THEIR PROPERTY DOESN'T SOLVE THE PROBLEMS WITH THE PEOPLE DOING THEIR BUSINESS IN THE NEIGHBORHOOD.

AND, AND IN ADDITION, KICK THEM OUT, BASICALLY.

YEAH.

AND IN, IN ADDITION, I AGREE WITH, WITH MIKE RUST, WHAT THE REAL CHARGE FOR THIS BOARD IS, IS DID THE CITY AND THEIR AUTHORITY HAVE THE OPPORTUNITY TO CORRECT MAYBE SOMETHING, AS YOU SAID, MR. MCFARLAND, WHETHER IT WAS AN ERROR OR NOT, AND THAT'S UP FOR DISPUTE AND LET THE ATTORNEYS FIGHT WITH THAT ONE.

BUT, UH, I'M GONNA AGREE THAT, THAT THE CITY IN THEIR AUTHORITY, UNDER THE CHARGE TO THIS COMMITTEE, ACTED AND HAD THE AUTHORITY TO REVOKE THAT.

AND SO WITH THAT, IF THE CHAIR WILL ENTERTAIN A MOTION, I'LL MOVE TO UPHOLD THE, UH, REVO REVOCATION OF THE, UH, CFO ON THIS.

I'LL SECOND THAT.

MIKE, WE HAVE A MOTION AND A SECOND TO UPHOLD THE CITY'S RECOMMENDATION TO REVOKE THE C OF O.

DO WE HAVE ANY DISCUSSION? I'D PROBABLY LIKE TO ADD THAT I THINK IT'S THE CITY'S RESPONSIBILITY AS WHAT MIKE WAS SAYING, TO REMEDY THE SITUATION.

IF THEY WANT TO REVOKE AND REISSUE OR WORK OUT SOMETHING THAT'S, THAT'S REALLY A CITY ISSUE, NOT OUR CHARGE HERE AS A, AS A GROUP.

ANY OTHER DISCUSSION? AYE, ALL IN FAVOR SAY AYE.

AYE.

AYE.

ALL OPPOSED? MOTION CARRIES.

OKAY, NEXT ITEM.

I'VE GOT, OH, CHAPTER 10, THREE.

YEAH, I THINK THEY'RE, THEY'RE GONNA DO THAT AS WELL.

SO IT'S SCREEN.

OKAY.

THE OTHER SIDE IS THE CLOSE CHANGES.

ALRIGHT, THANK YOU.

BOARD MEMBERS, I THINK THIS ONE WILL BE A LITTLE BIT, UH, UH, A LITTLE BIT QUICKER THAN THE LAST ONE.

SO, UH, AGAIN, MIKE, SHANNON, SHANNON, DIRECTOR OF DEVELOPMENT SERVICES.

SO, UH, THE LAST ITEM YOU HEARD, IT WAS YOUR CAPACITY AS AN APPEALS BOARD.

UH, THIS ITEM, I'M COMING TO YOU AS, UH, YOUR CAPACITY AS AN ADVISORY BOARD TO ME, UH, AND, AND THE DEPARTMENT.

UM, I WOULD LIKE TO PROPOSE SOME CHANGES TO, UH, THE LANGUAGE THAT AFFECTS YOUR BOARD AND HOW IT OPERATES SPECIFICALLY TO, UM, THE MAKEUP OF, UH, SUBCOMMITTEES THAT REVIEW, UH, THE BUILDING CODE, UH, UH, THAT WE DO EVERY ABOUT THREE YEARS.

SO, UH, LEMME SEE IF I GET A COUPLE OF SLIDES.

SO, UH, YOU, YOU GUYS ALL KNOW CHAPTER 10, UH, IN SECTION 14 TALKS ABOUT, UH, THE BOARD, WHAT IT IS.

WE WILL CREATE ONE, UH, KINDA THE MAKEUP OF THE BOARD, ALL THAT OTHER STUFF.

BUT EVERY THREE YEARS YOU ASK, WE ASK YOU, UH, YOU'RE KIND OF CHARGED WITH HELPING US, UH, DEVELOP, UH, THE NEXT SET OF, UH, BUILDING RELATED AND, AND FIRE SAFETY CODES.

YOU GUYS DO A GREAT JOB.

YOU GUYS DIVVY UP THE RESPONSIBILITY.

YOU SPEND COUNTLESS OF HOURS, PROBABLY MORE THAN YOU YOU'D WANT, BUT IT'S, IT'S A SUPER, IT'S A TRUE BENEFIT TO THE, TO THE, TO THE CITY AND THE RESIDENTS AS WE CONTINUE TO DEVELOP TO MAKE SURE WE HAVE THE LATEST AND GREATEST BUILDING CODES, SAFETY CODES, ET CETERA.

UH, NOW IN THAT, CURRENTLY THIS LAST GO AROUND, UH, WE HAD A GREAT, UH, OPPORTUNITY WITH THROUGH THE CODES.

AGAIN, VERY SUCCESSFUL.

UH, BUT ONE OF THINGS WE NOTICED AT THE END, WE'RE HAVING A LOT MORE PARTICIPATION, A LOT MORE PUBLIC PARTICIPATION, A LOT MORE PUBLIC INTEREST IN WHAT WE DO, NOT ONLY ON THE UDC, UH, SIDE OF THE HOUSE TO CHAPTER 35, WHETHER IT'S A PROPERTY MAINTENANCE CODE AND CHAPTER SIX, BUT A LOT OF OUR BUILDING, UH, AND, AND FAR CODE.

SO, UH, ONE OF THE THINGS THAT WE IDENTIFIED IS OUR BOARD HAS SOME LANGUAGE, UH, THAT ACTUALLY SAYS, UM, AND I'M NOT GONNA, I'M GONNA GO PAST THAT FOR A SECOND.

UH, IT ACTUALLY SAYS THAT YOU CREATE SUBCOMMITTEES, WHICH YOU DO.

SOME OF YOU GET SELECTED TO BE ON, LET'S SAY THE BUILDING AND

[02:00:01]

FIRE SUBCOMMITTEE, OR THE ELECTRICAL SUBCOMMITTEE, OR THE MECHANICAL, WHATEVER IT IS.

UM, AND A GROUP OF YOU GO IN, IT TELLS YOU THE CODE, TELLS US HOW MANY, AND THEN IT SAYS, OH, BY THE WAY, UH, YOU CAN ASK SOME NON-BOARD PEOPLE TO SIT ON THAT COMMITTEE.

AND WE HAVE ACTUALLY STARTED TO GET MORE OF THAT, UH, ESPECIALLY IN, UH, THE CHAPTER 35, UH, PROCESS, WHICH IS SIMILAR.

UH, ALSO THE SIGN CODE AND THE, UH, UH, PROPERTY MAINTENANCE CODE PROCESS A LITTLE BIT HERE WITH THE BUILDING RELATED CODE, CHAPTER 10.

UH, BUT ONE OF THE THINGS THAT WE IDENTIFIED THIS YEAR, WHICH I, I, I JUST AFTERWARDS, I FELT LIKE MAYBE IT'S, MAYBE WE COULD DO BETTER, WHICH IS WHEN WE ASK OUTSIDE COMMITTEE MEMBERS TO BE PART OF NON COMMITTEE MEMBERS TO BE PART OF THAT SUBCOMMITTEE, UH, THEY COME, THEY PROVIDE VALUE, THEY PROVIDE INPUT, BUT THEN WE TELL 'EM THAT THEY CAN'T VOTE, THEY CAN'T VOTE ON A PARTICULAR ISSUE.

AND REMEMBER, THAT SUBCOMMITTEE IS JUST VOTING ON ISSUES TO BRING TO THE, THE BOARD TO DO A FORMAL VOTE AND RECOMMENDATION.

AND I REALLY FEEL LIKE, UH, WHEN WE ASK PEOPLE, UH, TO JOIN OUR COMMITTEES, UH, I'D LIKE THEM TO GIVE IT AN OPPORTUNITY TO AT LEAST HAVE A VOTE WHILE THEY'RE HERE.

UM, AND I THINK THAT WOULD HELP, UH, MORE IMPROVE THE, UH, DEBATE, UH, AS WE MOVE FORWARD.

AGAIN, I DON'T THINK IN, IN THE BUILDING SIDE OF THE HOUSE OR THE BUILDING, ELECTRICAL, MECHANICAL, WE DIDN'T HAVE A LOT OF THAT.

I'M GONNA BE PRESENTING THIS TO, UH, THE BUILDING STANDARDS BOARD FOR THE PROPERTY MAINTENANCE.

UH, BUT THE SIGN CODE HAD SOME OF THAT AS WELL.

UH, SO I'D LIKE TO MAKE THAT CHANGE.

AND WHAT WE PROPOSED IS SOME LANGUAGE LIKE THIS IS, UM, A MAJORITY OF THE COMMITTEE MEMBERS NOT APPOINTED BY THE MAYOR AND COUNCIL, UH, SHALL NSTITUTE A QUORUM.

THIS IS ON THE, UH, COMMITTEE VOTING, AND THEN THE COMMITTEE MEMBERS WHO ARE, UH, NOT PRESENT AND COMMITTEE MEMBERS NOT APPOINTED BY THE MAYOR AND COUNCIL.

THAT WOULD BE THOSE OTHERS.

THEY HAVE A VOTE ON THE SUBCOMMITTEE, NOT THIS COMMITTEE.

YOU ARE THE VOTING MEMBERS FOR THE ACTION ITEM THAT I WILL TAKE TO COUNCIL MOVING FORWARD.

BUT, UM, AGAIN, IT'S A, IT'S AN IDEA THAT, UM, I THINK WILL MAKE OUR PROCESS BETTER, MORE INCLUSIVE.

AND AFTER SOME CONVERSATIONS I HAD WITH SOME, SOME OF OUR, UH, RESIDENTS THAT CAME AND PARTICIPATED, UH, THEY, I THINK THEY PROVIDED A LOT OF VALUE.

AND I THINK THE CHAIRS OF THOSE, THOSE SUBCOMMITTEES DID A GREAT JOB OF TAKING THAT INPUT.

UH, BUT SOME OF THE, THERE WAS, THERE WAS ALSO A QUESTION, WELL, I'VE GIVEN YOU INPUT.

DO I, DO I GET A VOTE ON THE SUBCOMMITTEE? AND THE ANSWER WAS NO.

AND IT WAS BECAUSE OF THAT SECTION OF OUR CODE AND THE WAY THINGS ARE GOING NOW, I, I JUST THINK WE CAN DO BETTER.

AND, UM, THIS IS JUST A PROPOSAL BY ME.

I'M LOOKING FOR YOUR ADVICE.

UM, BECAUSE WE DON'T NEED TO DO THIS TODAY.

UH, WE'RE NOT, WE'RE NOT GOING, UH, TO THE NEW CODES TOMORROW.

UH, BUT IN THE FUTURE, WHETHER WE DECIDE TO GO TO THE 24 OR THE 27, UH, UPDATED CODES, UH, I'D LIKE TO HAVE THIS, UH, POSSIBLY AMENDED BEFORE THAT.

UH, AND, BUT I WANT, I WANT YOUR INPUT.

I DON'T WANNA JUST GO FORWARD WITH IT.

THIS IS YOUR COMMITTEE, YOUR SUBCOMMITTEES, UH, SO THAT'S WHY WE'RE HERE.

SO, SO WE HAVE A COUPLE OF, UH, PEOPLE THAT WANNA MAKE COMMENTS AND YEAH, ABSOLUTELY.

I'M, I'M GONNA START, AND SOMEHOW I GOT STUCK ON THE SIGN COMMITTEE, UH, LAST YEAR.

DIDN'T KNOW WHAT I WAS GETTING INTO.

THE ONE THING I DO KNOW IS THIS GROUP, I FEEL, AND REASON I REALLY ENJOY BEING ON IT, THAT IT'S, WE, WE COME OUT OF OURSELF, UH, OF WHO WE REALLY ARE, MAYBE IN TRYING TO DO A SERVICE FOR THE CITY.

AND TO MIKE'S POINT, GO OVERBOARD OF SAYING, WE'RE NOT GONNA AGREE WITH EVERYTHING THE CITY SAYS, WE'RE GONNA REALLY, REALLY LOOK AT AND VET IT, PUT OURSELF IN YOUR SHOES AND THINGS LIKE THAT.

MY SMALL CONCERN TO THAT QUESTION IS THAT WHEN YOU HAVE A HIGHLY SPIRITED GROUP TO COME IN TO BE PART OF THAT SUBCOMMITTEE THAT IS NOT PART OF THIS GROUP, THAT DOESN'T HAVE A SPECIAL INTEREST IN THAT SPECIFIC CODE AREA, THAT IF YOU GET FOUR OR FIVE OF THOSE IN THERE, AND NO, IT DOESN'T HAVE THIS POWER OF THIS GROUP TO MAKE RECOMMENDATIONS, EVEN THOUGH WE DON'T HAVE THAT MUCH POWER ANYWAYS, IT'S 'CAUSE CITY COUNCIL OVERRIDE AS SOON AS WE MAKE A DECISION, REGARDLESS, THE POINT IS IF WE BRING, YOU KNOW, FIVE PEOPLE IN THAT ARE VOTING ONE WAY, THEN WE COME TO THE THIS COMMITTEE AND GO, WELL, WE HAD FIVE IN THERE.

I, I GUESS IF IT'S, YOU KNOW, ONE PERSON THAT REPRESENTS FOUR OR SOMETHING WOULD BE MORE IN LINE WITH IT SAYING THEY JUST BRING IN A MASS OF PEOPLE THAT ARE, GET TO ALL VOTE.

AGREE.

OH, GO AHEAD, MARK.

AND THEN YOU CAN.

SO THANK YOU FOR SERVING ON THE SIGN COMMITTEE.

UH, BUT, BUT I WOULD TELL YOU, AND, AND THIS ALSO WOULD APPLY TO THE BUILDING, UH, STANDARD BOARD ON THE PROPERTY MAINTENANCE CODE, WHERE MIKE AND I, WHO WERE THE PART OF THE ORIGINAL DRAFTERS PUT OUR APPLICATION IN AND GOT, UH, WERE NOT SELECTED IN FAVOR OF PEOPLE, HAD NO CLUE NECESSARILY WHAT WAS GOING ON.

I THINK IF YOU'RE GONNA ADOPT IT WHERE THEY'RE VOTING MEMBERS, I THINK SIMILAR TO THIS GROUP, YOU NEED TO DESIGNATE EIGHT WHO THE REPRESENTATIVES ARE ON THAT GROUP.

SO, FOR EXAMPLE,

[02:05:02]

BECAUSE THEY WERE NON-VOTING, WHEN WE SELECTED FOR THE SIGN COMMITTEE MET TO APPOINT THE FOUR PEOPLE, WE PICKED THREE NA THREE NEIGHBORHOOD PEOPLE, PLUS ONE REAL ESTATE PERSON.

THERE WERE NO BILLBOARD PEOPLE AS PART OF THAT GROUP.

THERE WAS THAT.

SO I, I AM IN FAVOR OF LETTING THEM VOTE.

HOWEVER, I AM ALSO THINK IF YOU'RE GONNA LET THEM VOTE, THERE NEEDS TO BE SLOTS THAT NEED TO BE FILLED THAT ARE REPRESENTATIVE OF THE INTEREST, SO THAT YOU DON'T END UP HAVING, YOU KNOW, IT, YOU KNOW, FOUR PEOPLE THAT SHOW UP TO EVERY MEETING.

AND YOU HAVE US THAT ARE, YOU KNOW, MOST OF THE PEOPLE ON MY COMMITTEE THAT WERE ACTUAL MEMBERS OF OUR BOARD SHOWED UP.

BUT WHERE YOU COME AND YOU HAVE SPLIT VOTES AND EVERYTHING.

SO IF YOU'RE GONNA DO IT, LIKE FOR THE SIGN COMMITTEE, YOU ADD ONE MORE PERSON REPRESENTING THE SIGN INTEREST, ONE PERSON REPRESENTING THE BILLBOARD INTEREST, ONE MAYBE NEIGHBORHOOD AND ONE COMMUNITY AT LARGE.

AND FOR THE PROPERTY MAINTENANCE CODE, WHICH WERE THE TWO CODES, THE ONLY TWO CODES THAT PEOPLE CARED ABOUT THAT WANT TO BE ON IS PROBABLY TWO PEOPLE REPRESENTING, YOU KNOW, PROPERTY MANAGEMENT INTERESTS.

YOU KNOW, ONE NEIGHBORHOOD AND ONE, YOU KNOW, CITIZEN.

THAT'S NOT REPRESENTING ANYBODY.

BUT I THINK IF YOU DON'T DO THAT, IT'S GOING TO BE, BECAUSE EVERY VOTE THAT CAME OUT OF OUR COMMITTEE WOULD'VE BEEN, YOU KNOW, BASICALLY 50 50 OR 50% PLUS ONE.

AND, AND AS YOU SAW, WHEN WE GOT TO THE BILLBOARD PORTION OF IT FOR THE CONVERSION, YOU KNOW, ALL THREE OF THE, UH, NEIGHBORHOOD GROUPS WERE AGAINST THAT.

IT, IT PASSED UNANIMOUSLY BY OUR ASSIGNED COMMITTEE.

IT PASSED UNANIMOUSLY BY THE, THIS BOARD AND IT WENT TO CITY COUNCIL AND IT PASSED UNANIMOUSLY.

YOU KNOW, I, I THINK THEY HAVE A RIGHT TO VOTE, BUT I THINK YOU NEED TO LIMIT KIND OF STRUCTURE.

SO IT'S, IT'S PRODUCTIVE.

AGREED.

LET'S LET, UH, CAN I JUST, CAN I JUST MAKE A COMMENT ABOUT THAT? SURE.

AND, AND I THINK THAT'S, UM, I, THAT THAT IS VERY DOABLE.

UM, OUR UNIFIED DEVELOPMENT CODE, UH, PROCESS, THEY GO THROUGH IT.

GENERALLY IT'S RUN THROUGH THE PLANNING COMMISSION AND THE OTHER BOARDS, BUT THEY SET UP THE P TTAC, UH, ROBERT, YOU KNOW, AND THEY DO THAT.

THEY, THEY, THEY ACTUALLY, SO THE PC TECH TECHNICAL ADVISORY COMMITTEE IS THEIR SUBCOMMITTEE.

THAT'S PROBABLY THE CLOSEST THING I HAVE TO HERE.

BUT THEY ACTUALLY DESIGNATE, UM, SOME ROLES AND, AND, AND, AND HOW THE MAKEUPS ARE.

SO THAT, THAT'S THE CONCEPT, I THINK, I THINK THAT'S VERY DOABLE.

THIS WAS JUST SOME LANGUAGE JUST TO GET IT STARTED.

I DON'T NEED A DECISION OR ACTION TODAY.

WHAT I'M LOOKING FOR IS A LITTLE BIT OF FEEDBACK SO THAT MAYBE WE COULD COME BACK IN A FUTURE MEETING, UM, YOU KNOW, IN A MONTH OR TWO, WHENEVER, WHENEVER WE, UH, GET TOGETHER AGAIN.

UH, AND THAT'S TO GET YOUR RECOMMENDATION ON THAT.

BUT THAT, THAT'S, THAT'S A VERY VALUABLE FEEDBACK.

AND I, AND I THINK THAT'S SUPER, THAT'S VERY DOABLE SUBCOMMITTEE.

SO THAT WOULD BE ELECTRICAL PLUMBING.

YEAH, WE WOULD, WE WOULD GO THROUGH THAT FOR PROBABLY EACH OF THE SUBCOMMITTEES.

'CAUSE I THINK EACH OF THE SUBCOMMITTEES WE'VE CREATED, WE CREATE ABOUT THE SAME SUBCOMMITTEES, UH, EVERY TIME, UH, AT LEAST FOR THE LAST, UH, FOUR OR FIVE CODE CYCLES WE'VE DONE.

UM, AND THEN IF, CERTAINLY IF, IF, IF THE CHAIR EVER WANTED TO CREATE A, A SEPARATE SUBCOMMITTEE ON SOMETHING THAT CAME UP, UH, WE COULD USE THAT AS GUIDANCE, BUT WE'LL, WE'LL COME UP WITH SOME LANGUAGE ON THAT.

ROBERT.

YEAH.

UM, MIKE, UH, THIS IS ROBERT HANLEY AGAIN.

UM, I, UH, I KNOW THAT THIS IS A DISCUSSION ITEM AND IT'S TO GIVE YOU SOME FEEDBACK.

MM-HMM.

, I THINK THAT, THAT OUR NEXT MEETING DISCUSSION, I KNOW WE HAVE A LITTLE WINDOW OF OPPORTUNITY BEFORE WE HAVE TO HAVE THIS IN PLACE FOR THE NEXT CYCLE OF THE BUILDING CODES, BUT I, I WOULD LIKE TO HAVE SOME SORT OF, UH, DRAFT LANGUAGE ON THAT.

SURE.

'CAUSE I AGREE WITH MARK ON WHAT HE SAID, BECAUSE THE, THE, FOR ONE, UM, THE MAJORITY OF THE SUBCOMMITTEE, OR THE MAJORITY OF THE MEMBERS ON THE SUB SHOULD BE REPRESENTED BY MEMBERS HERE.

MM-HMM.

.

MM-HMM.

, UH, IT, WE, WE CAN'T HAVE 15 MEMBERS ON A SUBCOMMITTEE, OF COURSE, BUT I THINK IN THE PAST WE'VE HAD THREE OR FOUR WITH THAT, THREE OR FOUR.

IF YOU HAVE FOUR IN THAT SUBCOMMITTEE, YOU SHOULD HAVE THREE MEMBERS AND HOW THEY'RE INVITED.

AND I AGREE WITH MARK THAT WE SHOULD TARGET THEM FOR THE DI VARIOUS STAKEHOLDER GROUPS SURE.

AND DISCIPLINES IN THAT.

BUT THAT'S ALL STUFF THAT YOU CAN PUT IN A DRAFT THAT YOU CAN BRING BACK TO US.

WE, WE WILL DO, WE'LL DO THAT.

I THINK, I THINK THAT'S VERY APPROPRIATE.

THE, THE INTENT IS NOT TO CREATE LARGER SUBCOMMITTEES OR CERTAINLY WEIGH THEM SUCH THAT THE, THE SUBCOMMITTEE MEMBERS SELECTED FROM THIS BOARD KINDA LOSE, UM, ANY TYPE OF, UH, IMPORTANCE ON THAT SUBCOMMITTEE OR ANYTHING LIKE THAT.

BUT, UM, I JUST, I JUST FEEL THAT, YOU KNOW, AT THE END OF THE GAME WHEN WE GOT TO THE CODE, EVERYBODY WAS, YOU KNOW, WE DEBATED A FEW ITEMS AT THE END.

UM, THERE WAS STILL THAT, YOU KNOW, WE ASKED A

[02:10:01]

LOT OF PEOPLE TO COME AND THEY WERE WILLING TO, TO SHOW UP AND DEBATE, UH, AND NOT HAVING THAT, THAT, THAT VOTE DURING THE PROCESS, UH, IT, IT REALLY FELT STRANGE TO THEM.

UM, AND I UNDERSTAND IT, AND I THINK, MARK, YOU, YOU HEARD A LOT OF THAT IN, IN, IN SOME OF THOSE SUBCOMMITTEES EVERY MEETING.

YEAH.

SO, UM, I, I THINK THERE'S A BE I THINK THERE'S JUST AN IMPROVEMENT WE CAN MAKE, BUT STILL, STILL KEEP IT, UH, WITH THE INTENT OF WHAT YOUR CHARGE IS AS A COMMITTEE.

BECAUSE I THINK THE NON-MEMBERS OF HERE THAT GO TO THESE SUBCOMMITTEES, THEY SHOULD COME TO THIS COMMITTEE FOR REVIEW TO SEE WHETHER THEY'RE THE APPROPRIATE PERSON TO PUT ON THAT SUBCOMMITTEE.

YES.

YEP.

AND THAT BRIAN, BRIAN, BRIAN SMITH.

AND THAT, THAT'S WHY, AS FAR AS THE LANGUAGE WISE, I THINK YOU CAN PUT IN AS FAR AS THE SUBCOMMITTEE AND PUT LANGUAGE THAT IT WILL REMAIN THE MAJORITY VOTING.

BUT IN ADDITION, THAT SUBCOMMITTEE SHOULD BE THE ONE TO BE ABLE TO VOTE WHO CAN HAVE THE VOTE AS FAR AS THOSE AT LARGE.

THAT WAY, THAT WAY IT'S STILL CONTROL THIS WAY THIS BOARD STILL CONTROLS AND KNOWS IT'S NOT JUST A, A PARTY THAT'S GONNA BE BIASED.

SURE.

WE'RE GONNA FIND SOMEBODY THAT IS TRULY GIVING, UM, KNOWLEDGE AND, YOU KNOW, BENEFIT FOR THE COMMUNITY.

BUT THAT WAY ALLOWS THAT COMMITTEE TO STILL BE IN CHARGE OF WHO'S COMING IN AND BRINGING IN FEEDBACK WITH SOME FEEDBACK FROM THE CITY.

HEY, THIS IS WHO WE'RE BRINGING IN, THIS IS WHAT THEIR BACKGROUND IS.

AND THEN THAT COMMITTEE CAN FIND OUT WHO WOULD BE BEST TO SERVE AND GIVE KNOWLEDGE AND INFORMATION.

AS LONG AS THAT COMMITTEE STILL HAS.

IF IT'S FOUR MEMBERS, THE AT LARGE WOULD BE NO MORE THAN THREE.

AGREED.

I SEE.

MARK, CAN YOU GO AHEAD, MIKE.

IS IT ALSO POSSIBLE WHEN YOU DO THAT? BECAUSE IF YOU'RE GONNA LET NON, UH, COMMITTEE MEMBERS VOTE, I THINK IF YOU HAVE ALTERNATES THAT ARE SERVING ON A SUBCOMMITTEE, THEY SHOULD BE ALLOWED TO VOTE ALSO, WHICH WOULD GIVE YOU, JUST ON THE SUBCOMMITTEE, NOT ON THE BOARD LEVEL, BUT ON THE SUBCOMMITTEE.

BECAUSE THERE WAS A COUPLE THAT MIKE AND I SERVED ON WHERE YOU COULD PARTICIPATE IN, AT THE END OF THE DAY, YOU COULDN'T VOTE.

BUT IF YOU'RE GONNA ALLOW THE NON-CITIZEN, NON-BOARD MEMBERS WHO ARE CITIZENS TO VOTE, I THINK IF YOU'RE AGREED TO PUT IN THE TIME TO SHOW UP TO THE MEETING, AND THAT GETS BACK TO THE COMMITTEE TO HAVE THE AUTHORITY.

JUST, JUST THE SUBCOMMITTEES THOUGH, BUT NOT ON THE BOARD.

RIGHT.

THAT MAKES SENSE.

GO AHEAD.

THAT WAS MY IDEA.

OKAY.

OKAY.

YEAH.

AND I THINK WE OUGHT TO MAKE JACK, UH, EMERITUS ON THE SIGN COMMITTEE SUBCOMMITTEE.

YES, ABSOLUTELY.

I'M RESIGNING.

ALL RIGHT.

NEXT .

THANK YOU, MR. CHAIRMAN.

WILLIAM BERG.

I DON'T THINKING I HAVE A FEW QUESTIONS FOR MR. SHANNON.

MIKE, UH, WHAT WE SEE BEFORE SAID PRESS BUTTON.

WHAT WE SEE BEFORE US IS THE ACTUAL LANGUAGE AND YOUR PROPOSED CHANGES ARE IN RED.

IT IT IS, BUT WE, IT WAS JUST TO GET THE CONVERSATION STARTED, IT WAS REALLY, THE IDEA IS THAT'S GOOD.

THE, THE MAIN GOAL HERE IS WHEN WE INVITE PEOPLE TO PARTICIPATE AS NON-MEMBERS OF THIS IN OUR SUBCOMMITTEES, UM, I REALLY FEEL THERE'S AN OPPORTUNITY.

AND I THINK, I THINK THE RESPONSIBILITY THAT WE SHOULD, WE SHOULD GIVE THEM A, A, A VOTE IN THAT DECISION OF WHATEVER THEY'RE DISCUSSING, UH, SIMILAR TO WHAT WE DO WITH THAT, THAT PC T.

SO THIS IS JUST THROWN UP THERE BECAUSE I LIKE TO GET THE, THE IT STARTED, UH, BUT EVEN FROM THE FIRST COMMENT THAT WE TALKED ABOUT, ABOUT MAKING SOME CATEGORIES AND DOING A LITTLE BIT MORE, I KNOW THAT WE WOULD HAVE TO, UH, FURTHER, FURTHER DO IT.

SO JUST SO I, JUST SO I UNDERSTAND, THE INTENT WOULD BE, AS IN THE BEGINNING, YOU CAN HAVE FOUR INDIVIDUALS THAT ARE NOT APPOINTED BY THE MAYOR CITY COUNCIL, WHO ARE NOT REQUIRED TO RESIDE IN THE CITY.

WE'RE GOING TO ALLOW THEM TO HAVE VOTING RIGHTS.

BUT THE LAST SENTENCE OF ITEM NUMBER ONE STATES ANY BOARD MEMBER, I THINK THIS IS WHAT THE GENTLEMAN WAS SAYING, TO SIT, ANYBODY ON OUR COMMITTEE COULD SIT AND SHALL BE AN EX-OFFICIAL MEMBER, BUT CAN'T BE COUNTED AS A QUORUM OR HAVE AUTHORIZATION TO VOTE.

I GUESS I'M CONFUSED WHY SOMEONE WHO HASN'T BEEN VETTED BY THE CITY COUNCIL AS WE HAVE IS GIVEN THE RIGHT TO VOTE, EVEN AT THE SUBCOMMITTEE LEVEL WHEN OTHER MEMBERS ON THIS COMMITTEE COULDN'T SIT IN AND, AND WE CAN PARTICIPATE, BUT DON'T HAVE A, A VOTE.

YEAH.

UM, I THINK WE NEED TO TAKE CARE OF THE ALTERNATES FIRST.

'CAUSE I MEAN, LAST CYCLE, I, WE SAT IN AND GEORGE HAPPENED TO BE ON THE CHAIR THEN, AND I FILLED IN JUST TO MAKE THE QUORUMS. AND WE'RE OBVIOUSLY HERE TO EXPEDITE THE PROCESS.

THAT'S WHY YOU'RE, YOU'RE THINKING OF THIS.

BUT WE NEED TO, I THINK, LOOK AT THE ALTERNATES FIRST BEFORE, YEAH.

AND, AND I, WE HADN'T REALLY EVEN THOUGHT OF THE ALTERNATES WHEN WE WERE TALKING ABOUT THIS.

SO WE'LL TAKE THAT DOWN AS AN ITEM.

UH, MR. BURRS, JUST TO GET GET BACK TO YOUR COMMENT.

UM, I, I SEE, I SEE YOUR COMMENT.

UM, UH, I, I WILL JUST SAY THAT I, IN MY EXPERIENCE, I WOULD BE VERY COMFORTABLE AT THE SUBCOMMITTEE LEVEL, JUST LIKE WE DO WITH THE, THE, THE UDC STUFF.

THE, THE UDC, UM, THAT, THAT PC TECH, WHICH IS ABOUT 27 MEMBERS.

I THINK IT'S NOT, IT'S NOT SEVEN OR EIGHT, IT'S 27.

[02:15:02]

UH, ONLY ABOUT A THIRD OF THOSE ARE, ARE, ARE COMING FROM THE BOARDS AND COMMISSIONS, LIKE THE ZONING COMMISSION, THE BOARD OF ADJUSTMENTS, ANYTHING HTRC, PLANNING COMMISSION.

THE OTHERS ARE JUST CATEGORIES THAT THE PLANNING COMMISSION ACTUALLY CREATED.

IT'S NOT EVEN BY ORDINANCE.

SO THOSE PERSONS THAT COME AND HELP THAT PROCESS TO USE YOUR LANGUAGE, THEY'RE NOT QUOTE UNQUOTE VETTED BY THEM.

THERE'S NO, UM, THERE'S NO RESIDENCY.

ALTHOUGH I WOULD BE HARD PRESSED TO THINK, UH, I CAN'T THINK OF ANYBODY ON THAT, THAT ISN'T, I DUNNO IF THEY LIVE HERE, BUT THEY ACTUALLY DO BUSINESS HERE, UH, THAT COME.

AND I THINK EVEN WITH THE SIGN CODE, UH, COMMITTEE, THE PROPERTY MAINTENANCE CODE COMMITTEE AND THOSE THAT, THAT HAVE HAPPENED, THE PEOPLE THAT ARE COMING SHOWING UP THAT WANNA BE PART OF IT ARE GENERALLY PEOPLE THAT ARE IN AND AROUND THIS COMMUNITY.

BUT IT'S A FAIR QUESTION.

I DON'T HAVE AN ANSWER OTHER THAN MY RECOMMENDATION WOULD BE THAT WE WOULD WATCH THAT.

BUT I THINK, I THINK, I THINK MY RECOMMENDED, UH, OR QUESTION TO YOU ALL WOULD MAYBE OVERSEE IT FROM, FROM JUST MY POSITION.

SO, AND JUST REAL, OH, I'M SORRY.

REAL BRIEFLY, JUST TO I AGREE WITH, WITH WHAT BOTH OF YOU'RE SAYING.

UM, BUT ALSO JUST A REMINDER, THE SUBCOMMITTEES ARE MORE OR LESS UNOFFICIAL AND EVERYTHING THAT THEY DO STILL COMES THROUGH THIS BOARD.

RIGHT.

UM, SO IT'S NOT, IT NEVER PASSES THROUGH ON UNFILTERED, SO TO SPEAK.

BUT I DEFINITELY AGREE THAT WE, WE CAN'T LET YOU KNOW, UH, THEM GET STACKED OR FOR THE SIGN COMMITTEE.

I UNDERSTAND THE POSITION YOU'RE IN, THAT THE, THE FRUSTRATION WAS PALPABLE AND UNDERSTANDABLE FROM, FROM SOME MEMBERS OF THAT COMMITTEE.

UM, AND I WOULD HATE TO HAVE YOU GO BACK AND TELL THEM THAT YOU DIDN'T GET PERMISSION TO GIVE 'EM A VOTE.

YOU KNOW? SO I THINK THAT THIS DEFINITELY NEEDS TO HAPPEN.

AND I AGREE WITH MARK THAT IT RUPTURED.

YEAH.

BECAUSE THERE, THERE IS A BALANCE AND YOU KNOW, YOU ALL OF A SUDDEN, AND A LOT OF US DON'T GO TO THOSE OTHER SUBCOMMITTEES.

AND SO WE TAKE FROM THAT, FROM THAT GROUP THAT THE VOTE WAS UNANIMOUS OR WHATEVER IT WAS IN THAT GROUP AS, AS AS BIBLE WE'RE SITTING HERE.

AND SO I THINK IT IS VERY IMPORTANT THAT THAT NOT BE MISCONSTRUED BY A SPECIAL INTEREST.

ABSOLUTELY.

OKAY.

I AGREE.

BECAUSE WHEN A, UH, UH, WHEN A SUBCOMMITTEE THAT'S DOING EITHER THE IMC OR THE IPC BRINGS IT BACK TO THIS BOARD, I BELIEVE IN THE DELEGATION AND SUBCOMMITTEE PROCESS.

AND I'M GONNA SAY, WELL, THAT'S WHAT IT IS.

SO WE HAVE TO BE CAREFUL ABOUT THE DILUTION.

BUT I THINK YOU'VE GOTTEN ENOUGH INPUT THAT AT SUBSEQUENT, WE CAN LOOK AT THE PARTICULAR LANGUAGE.

BECAUSE AS A MEMBER OF THE PLANNING COMMISSION TECHNICAL ADVISORY, YOU HAVE TO BE APPROVED BY THE PLANNING COMMISSION.

SO MY COMMENTS EARLIER ABOUT ANY SUBCOMMITTEE MEMBERS COMING BACK TO HERE HAVE TO BE APPROVED BEFORE THEY CAN SIT ON THOSE SUBCOMMITTEES? THAT'S CORRECT.

THANK YOU.

THE, IT, THE WAY IT WORKS NOW IS THAT THE SUBCOMMITTEE MEMBERS THAT ARE ON THIS BOARD PICK THE PEOPLE.

SO THE SUBCOMMITTEE APPROVES THEM.

IT'S NOT JUST AN APPOINTMENT, WHICH IS THE WAY IT WORKED NOW, WHICH WORKS BEST BECAUSE THEN YOU DON'T HAVE TO GET THE WHOLE BOARD TOGETHER, WHICH IS BASICALLY, THEY CAME AND THEY SPOKE AND THEY INTERVIEWED AND THEN WENT INTO EXECUTIVE SESSION.

SO, MR. CHAMBER, I, WHAT I WOULD SUGGEST IS THIS, THIS IS EXACTLY WHAT I WANTED, IS SOME FEEDBACK.

AND IF, IF THERE'S MORE, IF THERE'S MORE COMMENTS AND FEEDBACK, I KNOW IT'S BEEN A LONG MORNING, I'LL TAKE IT NOW.

UM, BUT I HAVE A LOT, I THINK, AND I CAN PROBABLY PUT TOGETHER WITH STAFF WHAT MAYBE ARE RECOMMENDING OR EVEN A COUPLE OF OPTIONS THAT WE SEE.

UH, BECAUSE YOU TOUCHED ON A FEW THINGS THAT EVEN BEYOND WHAT WE WERE THINKING ABOUT, WHICH IS NOT ONLY SUBCOMMITTEE MEMBERS, THE VOTING, UH, THAT AREN'T MADE UP OF THIS BOARD, BUT THE ALTERNATE ISSUE, UH, YOU ALSO TALKED ABOUT HOW THEY ARE SELECTED FOR THOSE SUBCOMMITTEES.

DO THEY GO THROUGH THE SUBCOMMITTEE OR, OR LIKE PLANNING COMMISSION? DO THEY GO THROUGH THAT? SO, UM, SO WE CAN MAYBE PUT AN OPTION OR TWO TOGETHER THAT WE WOULD THINK AND AGENDIZE THAT AS AN ITEM, UH, PUT FOR, PUT PUT IT BEFORE YOU, BEFORE THE MEETING, AND THEN WE CAN HAVE A DISCUSSION ABOUT IT, UM, AND GO FROM THERE.

DOES THAT SOUND ABOUT RIGHT? SOUNDS, SOUNDS GREAT.

SO WE'RE TABLED UNTIL YOU GET YOUR ACT TOGETHER.

GET YOUR ACT TOGETHER.

WELL, WE'LL BE WAITING A LONG TIME, SIR.

YOU'RE DOING GREAT, MIKE.

OKAY.

WE HAVE, UH, WE'RE NOT TAKING ANY ACTION ON THAT, SO THAT'S GOOD.

JEREMY, DO YOU HAVE ANYTHING ELSE? UH, JUST A QUICK

[ Director's Report  ]

STAFF REPORT.

OKAY.

UM, SO BEGINNING OF THE YEAR, FINANCIAL DISCLOSURE REPORTS WILL BE COMING OUT.

I THINK Y'ALL START GETTING THE EMAILS.

THE, UH, BEGINNING OF, OF FEBRUARY.

UH, DEADLINE IS TYPICALLY LATE APRIL.

I THINK THEY GOT ABOUT A THREE MONTH WINDOW.

SO, UM, DEFINITELY WHEN YOU GET THOSE, PLEASE, UH, TAKE CARE OF THOSE AS SOON AS YOU CAN.

THERE'S, THERE'S QUITE A FEW MEMBERS OF THIS BOARD.

I DON'T HAVE TO HOUND THEM DOWN TOO MUCH.

I KNOW SOMETIMES LATE APRIL, I'M BUSY WITH THE, I'M BUSY WITH THAT.

THAT'S OKAY THOUGH.

UH, BUT I'LL REMIND YOU WHEN, UH, THE, UH, FDRS GO OUT.

I'M SORRY, I'VE, THAT SAYS AGREEMENT, BUT IT SHOULD BE, UH, RE RECORD.

I THINK IT'S FDR, FINANCIAL DISCLOSURE RECORD, UH, ETHICS TRAINING.

I KNOW THIS IS SOMETHING THAT'S COME UP AND I'VE MET WITH, UH, OR I'VE BEEN IN MEETINGS WITH CITY CLERK'S OFFICE.

THEY'RE STILL TRYING TO KIND OF CLEAN UP THAT PROCESS OF GIVING ME A BETTER ABILITY TO SEE WHAT TRAINING IS STILL OUT THERE.

I KNOW I'LL SENT OUT SOME EMAILS PROBABLY ABOUT A YEAR AGO OF WHAT TRAININGS WERE OUT THERE, IF YOU WOULD GET A CHANCE TO KIND OF JUST GO BACK AND, AND LOOK AT THOSE, MAKE SURE YOU'VE CLEARED THEM.

UH, BUT I'M HOPING THAT WE'LL GET A LITTLE BETTER, UH,

[02:20:01]

GUIDANCE FROM ETHIC OR FROM THE CITY CLERK'S OFFICE ON THE ETHICS TRAINING.

JEREMY, UH, YOU SENT ME LAST YEAR, WHATEVER IT WAS, CERTIFICATES FOR THE, THE THING, BUT IT, THERE WERE SEVEN.

I DIDN'T KNOW IF THERE WAS EIGHT OR NINE OR 10, BUT IF YOU SEND ME CERTIFICATES FOR SEVEN, SAY YOU MISSED NUMBER SIX OR NUMBER FIVE, THAT WOULD HELP US.

'CAUSE I KNOW WE CAN JUST GO ONLINE, CORRECT.

YEAH.

AND THAT'S WHAT I'M, YEAH, I'M TRYING TO GET THAT.

'CAUSE IT'S, IT'S, I GET JUST A PDF WITH EVERYBODY AND ALL THE BOARDS AND COMMISSIONS AND IT, IT TAKES SOME TIME.

I'LL, I'LL TRY TO WORK ON MY END TO CLEAN IT UP SOME, BUT I'M NOT GETTING A LOT OF PRESSURE FROM CITY CLERK'S OFFICE, SO THAT'S WHY I HAVEN'T REALLY PUSHED ON Y'ALL EITHER.

SEVEN SESSIONS.

I CANNOT RECALL.

IS THERE 10? IT'S EITHER EIGHT OR 10.

I, I WANNA SAY IT WAS FIRST.

NO, AFTER.

YEAH, SO LET ME DIG THAT UP.

BUT JUST TO, YOU KNOW, JUST BE LOOKING FOR THOSE EMAILS FROM ME.

I'LL TRY TO CLEAR THAT UP OVER THE NEXT.

UM, SO, UH, WE HAVE THE CHAPTER 10 AND 11 BOOKS, SO IF Y'ALL HAVEN'T GRABBED THOSE YET, PLEASE SIGN OUT ON THOSE.

WE HAVE TWO SIGN IN SHEETS, UH, FOR TODAY.

ONE FOR THIS MEETING AND THE OTHER ONE FOR, UH, Y'ALL JUST INDICATING YOU'LL HAVE THE, UH, CHAPTER 10 AND 11 PRINTOUTS.

UH, SO THAT'S ALL THE, UH, BUILDING CODES AND THEN THE FIRE CODE FOR CHAPTER 11.

AND THEN FINALLY, UM, 2023 NEC, 2024 IECC CODES.

I KNOW THIS GETS BROUGHT UP A FEW TIMES.

I'VE HAD SOME REACH OUT TO ME, UH, BOARD MEMBERS REACH OUT TO ME.

WHAT IS THE DEPARTMENT'S, UH, STANCE ON THE 2020 FOURS? I JUST WANNA GIVE Y'ALL A QUICK SUMMARY.

UH, RIGHT NOW THE EXECUTIVE TEAM IS LOOKING AT THAT.

UH, WE'VE ACTUALLY BEEN TASKED ON MY TEAM'S, UH, GROUP TO LOOK AT 21, 21, 21 TO 24 CONVERSION.

WHAT WAS SIGNIFICANT CHANGES? UH, WE'RE NOT LOOKING AT EVERYTHING.

WE'RE NOT READING THE SIGNIFICANT CHANGES BOOKS, REALLY.

WE'RE KIND OF JUST LOOKING AT ALL THE AMENDMENTS THAT WERE APPROVED AT THE ICC HEARINGS AND KINDA JUST LOOKING AT THEM AND SEE IF THEY'RE, IF THEY'RE ACCEPTABLE, YOU KNOW, IS THERE SIGNIFICANT INCREASE IN COST? IS THERE A LOT OF IMPROVEMENTS THAT COULD BE MADE, UH, FOR LIFE SAFETY OR FOR DESIGNING OF BUILDINGS? AND SEE IF THERE'S ANYTHING THAT WILL PROVIDE THAT TO OUR EXECUTIVE TEAM.

SO BASED OFF OF THAT AND SOME OTHER FEEDBACK, I'M SURE MIKE WILL RECEIVE OVER THE NEXT FEW WEEKS, WE'RE GONNA HOPEFULLY MAKE A DECISION, UH, MOVING FORWARD, UH, WHETHER WE WILL LOOK AT THE 20 FOURS OR MOVE TO THE 27TH.

SO, UH, JUST AN FYI THAT WE ARE WORKING ON THAT, I KNOW WE GOT OFF CYCLE BECAUSE, UH, 'CAUSE OF COVID, WE DIDN'T DO THE, THE CURRENT, UH, BUILDING CODES, UH, UNTIL 2022 AND THEY WERE SUPPOSED TO BE DONE IN 21 BECAUSE OF COVID.

CORRECT.

SO THE QUESTION IS, UM, IF YOU GO FOR THE 2024, THIS IS GONNA, THE YEAR, IF WE WANNA STAY ON THAT EXACT CYCLE, I MEAN, I THINK THERE'S A LOT OF QUESTIONS OF DO WE WANNA GO FOR THE 20 FOURS AND HOW QUICKLY DO WE WANNA DO THAT? UM, YOU KNOW, I KNOW, UH, THE DEPARTMENT WILL DEFINITELY WILL GET SOME FEEDBACK FROM THE INDUSTRY AND, YOU KNOW, THOSE THAT ARE IMPACTED BY THAT.

BUT, YOU KNOW, WE'RE ALSO, LIKE I SAID, WE'RE LOOKING AT IT TO SEE IS, YOU KNOW, WHAT IS THAT SIGNIFICANT CHANGE BETWEEN THE 21 AND 20 FOURS? UH, SO SOME OF THAT WILL HELP DERIVE THAT DECISION AS WELL.

ARE YOU GONNA DO THE SAME THING, NOT THE ELECTRIC, THERE'S ENOUGH ELECTRICAL THINGS FOR THE N EEC FOR THE 2023 NEC? CORRECT.

YEAH, WE HAVE OUR, WE'RE HAVING OUR, UH, ELECTORAL CHIEF LOOK AT THAT AS WELL.

AND THEN, SO IN THE SHORT PERIOD OF TIME, THOSE THAT ARE, THAT HAVE SERVED, CAN YOU SPEAK UP THERE? WE CAN.

OH, OH, SORRY.

MY, IF YOU WOULDN'T MIND THOUGH.

SORRY.

SO ON THE NEC, UM, IS THIS COMING AROUND THE BIN PRETTY QUICK? BECAUSE I KNOW THAT THERE ARE MEMBERS ON THIS BOARD THAT HAVE SERVED ON THE NEC ADOPTION.

UH, I UNDERSTAND THAT THE ICC 24 IF YOU ADOPT IT, BUT IS THAT BASICALLY WHAT YOU'RE GONNA DO WITH THE 2023 NEC IS TO SEE WHETHER YOU WANNA ADOPT THAT? CORRECT.

YEAH, WE WOULD DO ALL THAT AT THE SAME TIME.

UH, I KNOW WE, IN THE PAST, I THINK WE DID THE NEC 2020, UH, I THINK IT WAS 2017, RIGHT? WHERE THEY GOT A LITTLE BIT AHEAD OF, UH, BUT I DON'T RECALL ACTUALLY GONNA COUNCIL WITH IT.

I THINK COMMITTEES JUST MET AND THE BOARD KIND OF DECIDED, BUT THEY STILL, UH, KIND OF TABLED GOING TO COUNCIL AND FULLY ADOPTING THAT.

UH, BUT I KNOW THAT WAS, THAT WAS THE YEAR THAT TOOK MANY MEETINGS BECAUSE OF, UH, A FEW ITEMS. BUT I KNOW THAT ONE HAD IN THE ORDER OF 20 PLUS MEETINGS, UH, LOOKING AT 2017, I'M NOT SURE IF WE WOULD DO THAT IN 23, BUT I KNOW 2020 WENT BY A LOT FASTER.

SO, BUT I THINK THE GOAL WOULD BE DOING IT ALL AT ONE TIME.

WE WOULDN'T TAKE ONE SPECIFIC CODE AND, UH, JUST LOOK AT THAT INDIVIDUALLY AT THIS POINT.

BUT THOSE ARE ALL THE DECISIONS THAT WE'RE KIND OF TRYING TO MAKE THE RIGHT NOW, UH, WE'RE GETTING THAT FEEDBACK AND, UH, DOING THAT ANALYSIS OF THE CODES AND THEN ULTIMATELY THE EXECUTIVE TEAM WILL MAKE THAT DECISION ONCE WE PROVIDE THEM INFORMATION.

SURE.

IF THE, YEAH, THE EXECUTIVE TEAM'S STILL HERE.

SO.

ANYTHING ELSE, SIR? NO, THAT'S, UH, THAT'S IT.

UH, I DIDN'T HAVE IT HERE, BUT I WILL BE WORKING, UH, LOOKING, UH, TO DO A MIN, UH, GET A KID, GO TO CITY COUNCIL, UH, OVER THE NEXT FEW MONTHS AND TRY TO FIND VACANCIES, FILL SOME VACANCIES.

WE CURRENTLY ARE AT, UH, 25.

I HAVE TWO POSITIONS THAT DO NOT HAVE, UH, ANYBODY ON THOSE POSITIONS.

IT'S, UM, MY SIGN CODE, UH, OR MY SIGN MEMBERS.

I'VE BOTH, UM, LEFT THE BOARD, SO I NEED TO GET THOSE FILLED.

AND THEN AS WELL AS MY CONTRACT PLUMBING, UM, OR I'M SORRY, CONTRACT HVAC, UH, UNION HVAC, UH, UNION HVAC IS, UH, BOTH COMPLETELY WITHOUT, OR, AND GENERAL CONTRACTOR.

SO I ACTUALLY HAVE THREE.

SO I'M LOOKING TO TRY TO GET TO COUNCIL.

UM, YOU KNOW, I HAVEN'T STARTED THAT PROCESS, BUT I'LL BE DOING A LOT OF REACHING OUT TO Y'ALL'S ORGANIZATIONS.

UM, YOU KNOW, I KNOW A LOT OF MEMBERS OF THIS COMMITTEE OR OUR BOARD ARE CURRENTLY, UM, WHAT DO WE

[02:25:01]

CALL, IT'S THE, THE HOLDOVER OR, UH, YOU KNOW, KIND OF FILL IN, YOU KNOW, IF, IF Y'ALL'S ORGANIZATIONS STILL WANNA KEEP MOVING FORWARD WITH THAT, I DON'T HAVE, YOU KNOW, WE'LL PROBABLY HAVE TO ADDRESS THAT WITH COUNCIL AND TALK TO THEM ABOUT THAT.

BUT, UH, UH, DEFINITELY HAVE A FEW MEMBERS THAT ARE, HAVE REACHED THEIR FIRST TWO YEARS.

SO I NEED TO GET THEM, UH, REAPPOINTED.

UM, AND THEN WE'LL DECIDE, LEAVE EVERYBODY ELSE IN A HOLDOVER, UM, IF NOBODY ELSE WANTS TO APPLY.

OKAY.

THAT'S ALL I HAVE.

VERY GOOD.

WELL THANK Y'ALL VERY MUCH FOR Y'ALL'S TIME THIS MORNING.

UM, IF THERE'S ANY LEFTOVER FOR THE BREAKFAST, FEEL FREE TO GRAB THAT.

BUT HAPPY NEW YEAR'S AND UH, LOOK FORWARD TO OUR NEXT MEETING.

THANK YOU.

MOTION FOR ADJOURNMENT.

MOVE.

SO MOVE, SO MOVE A SECOND.

IT'S 1138 AND THIS MEETING'S ADJOURNED.

ALRIGHT.

1138.

THANK YOU VERY MUCH.