Planning & Zoning Commission - Regular Meeting

Regular meeting of the Planning and Zoning Commission to order on Tuesday, May 26, 2027 at 6 p.m. Roll call, please.

Sure. William Agnew. Here. Randy Brown. Here. Michelle Burleson. Here. David Case. Here. Libby Garcia. Mariah Dunn. Here. Allison Hardy.

Here.

Lucy Johnson.

Here.

Randy Minotukerke. Here. We have a quorum.

All right. I'd like to welcome everybody to tonight's meeting. As you please sign your cell phones. The commission may only discuss items posted on tonight's agenda. All other inquiries be forwarded to staff. The commission will strive to ensure that meetings are conducted in a courteous manner and an atmosphere free of defamation, intimidation, personal insults, profanity, or threats of violence. Y'all lucked out. We don't have any citizen comment period tonight, so I could skip that paragraph. Brings us to our consent agenda.

I make a motion to approve our consent agenda. I'll second.

Motion approved by Commissioner Dunn, seconded by Commissioner Burleson. Any further discussion on this item? Seeing none, roll call, please.

Sure.

Randy Bryan.

Yes.

Michelle Burleson.

Aye.

David Case. Aye. Mariah Dunn.

Aye.

Allison Hardy.

Aye.

Lucy Johnson.

Aye.

Randy VanOtterkirke. Aye. William Agnew. Aye. The motion to approve carries. Brings us to our public hearing. Item number two. CUP 2614, Swing Station. Hold a public hearing and consider a request by Tyler on behalf of Swing Station for a conditional use permit to allow on-premise consumption of beer and wine located at 1900 North IH 35, Suite 104. We will open public hearing.

Good evening, commissioners. Caitlin Buck with Planning and Development Services. The subject property is approximately 0.88 of an acre and is located on the east side of I-35 Frontage Road, approximately 500 feet south of Crepe Myrtle Drive. The subject business is an indoor recreation facility centered around golf simulator experiences. Surrounding uses include office, auto repair, place of worship, and a gas station. The subject property is owned community commercial and is surrounded by community commercial to the north and east, manufactured home to the south, and general commercial to the west. Hours of operation are from 9 a.m. to 7 p.m., Monday through Thursday, and 10 a.m. to 8 p.m., Friday through Saturday. This request meets the criterias of both sections two and section five. This is the proposed site plan. Swing Station is located on the back corner of the building. The business currently operates two semi-private golf simulator bays and does not provide food service. The business is proposing limited alcohol sales as an accessory use to the primary recreational activity. With service restricted to canned beer, wine, and hard seltzer stored in a locked refrigerator behind the reception desk. Alcohol consumption would be limited to the interior of suite 104 and intended solely as a secondary amenity for patrons utilizing the gas simulators, the golf simulators. Staff recommends approval with the following conditions. The permit shall be valid for one year and shall expire May 26, 2027, provided standards are met. No amplified... Background and or acoustic sound shall be permitted. The business is responsible for cleaning the area within 100 feet of any exit. The maximum people occupying the building is required to remain compliant with the fire code to include ensuring that occupant loads stay at or below posted levels. The permit shall be posted in the same area and manner as the certificate of occupancy. Staff has sent out personal and posted notices for the site in compliance with state law. Staff has not received any comments regarding this case. That concludes my presentation.

Thank you. Would the applicant like to speak in favor of your permit at this time?

Sure.

Sir, if you please just state your name and address, and you'll have three minutes.

Yeah.

Oh, you're good. Just go to the podium.

Oh, my bad.

I'm sorry.

This is my first one of these, and I'm on the docket, so there you go. But my name is Tyler Gersheidel. My wife and I are the owners of Swing Station. It's 1900 North I-35 Frontage Road, Suite 104. And I don't really have anything to add. Caitlin covered it. But if you have any questions, feel free to ask.

We appreciate it. Thank you very much. Anyone else in the chamber wish to speak? Do we have anybody online who wishes to speak?

No, Chair.

All right, seeing none, we'll close public hearing.

Make a motion to approve CUP 2614 with staff conditions.

I'll second.

Got a motion to approve by Commissioner Agnew, seconded by Commissioner VanOtterkerke with staff conditions. Any further discussion on this item? All right, seeing none, roll call, please.

Michelle Burleson.

Aye.

David Case. Aye. Mariah Dunn. Aye. Allison Hardy. Aye. Lucy Johnson. Aye. Randy VanOtterkerke. Aye. William Agnew. Aye. Randy Bryan. Aye. Motion to approve carries.

Thank you. It brings us to item number three.

CUP 2619, Freddy C's Lounge. Hold the public hearing and consider a request by Sean Neal on behalf of Freddy C's Lounge for renewal of a conditional use permit to allow on-premise consumption of mixed beverages located at 141 East Hopkins Street.

Thank you. We will open the public hearing.

Good evening, Chair, Commission, Craig Garrison, Planner, Planning and Development Services. Freddie C's Lounge and its upstairs bar, Wildfire, are located on the square at the northwest corner of East Hopkins and North LBJ Drive. The business is currently a bar, and it's held this since 2018. Surrounding uses include bars, retail sales, restaurants, multifamily, and the Hays County Courthouse across the street. Existing zoning is character district 5D. The hours of operation are Monday through Thursday, 4 p.m. to 2 a.m., Friday through Saturday, 2 p.m. to 2 a.m. The CUP has an expiration date of March 28th of 2027, but it did expire on March 1st of this year with a change of ownership. There are no concerns with code compliance, and there are 56 calls reported with the San Marcos Police Department. Staff used San Marcos Development Code Sections 2834 and 5155 when reviewing the case, and this analysis was found in your staff reports. This is the existing floor plan for the upstairs bar Wildfire. This is the existing floor plan for Freddy C's. And this is the front elevation facing the square. There were 43 notices that were mailed to surrounding properties and two posted signs on the property. Staff has received zero comments for or against. And the permit shall be valid for one year and shall expire on May 26, 2027, provided standards are met. No outdoor amplified background or acoustic sound shall be permitted after the closing of the business, but in no case later than 10 p.m. Sunday through Thursday. No outdoor amplified background or acoustic sounds will be permitted after the closing of the business, but in no case later than 11 p.m. Friday through Saturday. The business is responsible for cleaning the area within 100 feet of the exit, LDC section 5155E2D. The maximum number of people occupying the building is required to remain compliant with the fire code to include ensuring that the occupant loads stay at or below posted levels. And this permit should be posted in the same area and manner as the certificate of occupancy. And staff does want to amend condition one, to say March 1st of 2027 to reflect that expiration date. That concludes the presentation. I do know the applicant is here. Thank you.

Okay, thank you. If you'd like, the applicant may speak in favor of your permit at this time.

My name is Sean Neal. I reside at 1003 Stagecoach Trail. This is 141 East Hopkins Street, Freddy's. We want to see if we can get a three-year renewal. I can understand if we're a new owner to this town, but we've been in this town for 20-plus years. I have. This is my fourth CUP to attain. I have no infractions on CUP or TAVC. Of those 56 phone calls, I'm aware it's a radius of Freddy's. Doesn't mean it's Freddy's that's been phone called on. Of those 56 phone calls, zero tickets, zero infractions. That's my, we're just hoping for that. So if you have any questions, I'm here. Thank you, sir.

Anybody else in the chambers wish to speak at this time? Do we have anybody online?

No, chair.

Okay. We will close the public hearing.

Chair, I'll make a motion to approve for discussion purposes. CUP-26-19. And I'll second.

Motion to approve by Commissioner Dunn and seconded by Commissioner Burleson. Is that with staff recommendations?

Yes, sir.

With staff conditions. With staff conditions. Discussion?

Yes, sir. I have a question for the applicant. Um, do you mind sharing what other, what other places that you have? Yeah. Right next door.

I own Harper's and, uh, it's three bars in that building. We have craft house down right across the street and the next block over towards campus. And we're moving the bull daddies next to craft house as well. We just, we get that location up in November. Okay. Awesome. But I've been doing this 20 plus years in this town with all since Harper's in 2008. So, okay. Thank you. Yes, sir. Commissioner Agnew.

Can I ask a question, Mr. Mayor, please? You mentioned that you have an interest in a craft house. I own craft house. Yes, sir. Okay. Did you recently buy that? Cause Alan shy used to come up.

He's the landlord. Yeah. He was my partner. You're the owner of the, of the, we opened it in 2015 together and then we bought him out. Oh, okay. No, thank you. I appreciate it.

Any further discussion for the applicant while he's in front of us? Okay. Yes.

I do have another comment. Uh, conditions two or two and three that staff is proposing deal with outdoor amplified music and put limits of 10 o'clock on 10 o'clock in the evening, Sunday through Thursday at 11 o'clock on Friday through Saturday. And I am too old to go downtown and haven't done it for probably 25 years. But to those of you who do, I was curious what the norm was down there as far as outdoor amplified music at the bars on the square. Because I wasn't sure this was a realistic condition or not. Do most bars down there, if anybody knows, do most of the bars downtown have outdoor music?

I don't really ever hear. I don't think about, I don't think outdoor music, no.

The answer is no, but a lot of them have their front doors open, or they have, they're open to the front, and so you can hear music as you walk by, but there's not a guy and a guitar sitting out front.

That's fine, that kind of answers my question. So these apparently wouldn't be really onerous on the establishment. Okay, that's fine, that's all I've got.

Do you have a question so do we have it in our because we have a person who has an established record with us Do we have in our authority to skip that one year and grant the three years are you asking for three, right?

To me that just makes sense if you have an established pathway Would you be willing to amend and then I'll second the amendment I

I mean, Chair, I'd like to make a motion to amend my original motion. Do I state that now? Okay. So I'd like to make a motion to approve CUP-26-19 with the amendment of three years instead of a one-year CUP. Okay. With staff recommendations. The rest with staff recommendations.

Okay.

Yes, sir.

No second. Do we have a second by Commissioner Burleson? Any further discussion on the amendment? I just had one comment. I personally would have been fine with the one year given the, uh, you know, the police and police incidents that we see. But I look back March, 2024, their, their, their previous renewal here was three years. So, uh, so yeah, this is probably okay. Okay. Question. Yes, sir.

Did this recently, um, I guess as a question for the applicant, are you a new owner of the place?

Of this location, yes. And who was the previous owner? Jamie Fralicks.

Okay.

And a couple of Jovan and Henry.

Okay. I'm willing to go along with the three years just because of other businesses that the applicant owns and I frequently go to.

Historically, this place hasn't been a problem. All right.

Any further discussion on the amendment? Roll call, please.

Sure.

David Keyes. Aye. Mariah Dunn. Aye. Allison Harding. Aye. Lucy Johnson.

Aye.

Ronnie Venerdicker. Aye. William Agnew. Aye. Randy Bryan. Yes. Michelle Brillison. Aye. The motion to amend carries.

All right. The amendment passes. We're back to our original motion with the amendment of extending it from one year to three years. Any further discussion on this item?

All right, roll call. Mariah Dunn.

Aye.

Allison Hardy.

Aye.

Lucy Johnson.

Aye.

Rhonda Vanderkerke. Aye. William Agnew. Aye. Randy Bryan. Yes. Michelle Burleson. Aye. David Case. Aye. The motion to approve carries.

All right, brings us to item number four.

CUP 2620, Beans and Buns. Hold a public hearing and consider a request by Victor Cruzalta on behalf of Beans and Buns for a conditional use permit to allow on-premise consumption of mixed beverages located at 420 University Drive.

We will open the public hearing.

Good evening, commissioners. Caitlin Buck with Planning and Development Services. The subject property is approximately a quarter of an acre and is located on the southwest corner of University Drive and CM Allen Parkway. The subject business is an existing restaurant. Surrounding uses include Texas State University, offices, city parks, and restaurants. The subject property is zoned character district five downtown and is surrounded by CD5D to the west and public to the north, east, and south. Proposed hours of operation are from 7 a.m. to 10 p.m. every day of the week. All criteria for approval have been met from sections two as well as sections five. This is the proposed site plan and floor plan. Staff recommends approval with the following conditions. The permit shall be valid for one year and shall expire on May 26, 2027, provided standards are met. No outdoor amplified background or acoustic sound shall be permitted after the closing of the business, but in no case later than 10 PM, Sunday through Thursday. No outdoor amplified background or acoustic sound shall be permitted after the closing of the business, but in no cases later than 11 p.m. Friday and Saturdays. The business is responsible for cleaning the area within 100 feet of any exit. The maximum people occupying the building is required to remain compliant with the fire code to include ensuring that occupant loads stay at or below posted levels, and the permit shall be posted in the same area and manner as the certificate of occupancy." Staff has sent out personal and posted notices for the site in compliance with state law. Staff has not received any comments regarding this case. That concludes my presentation.

All right, would the applicant like to speak in favor of your permit at this time?

Hi, my name is Victor Cruzalta. I'm the owner of, me and my wife own Beans and Bonds recently. I think that the hours actually have changed for us. We were gonna open that late, but lately we've been open only until like seven or eight. So I think Monday to Thursday probably will be eight o'clock, and maybe Friday or Saturday will be the only days that we'll stay until 10 o'clock.

Okay, sir, can I get your address too, please?

Oh, sorry, 420 University Drive.

Okay, thank you very much. Would you like to add any more?

No, sir.

All right, thanks for being here. You can take a seat. Thank you, sir. Do we have anybody else in the chamber that wishes to speak? Do we have anybody online?

No, Chair.

All right. We'll close the public hearing.

Mr. Chairman? Yes, sir. I'd like to make a motion to approve CUP 26-20 with recommendations that staff included. Second. All right.

Motion approved by Commissioner Bryant, seconded by Commissioner Agnew. Any further discussion on this item? Yes, sir. Commissioner Agnew.

I have a couple of questions for staff. This is not in the CBA. Is that right?

That's correct.

Okay. So that's why you don't have to have any restaurant conditions.

That's correct.

Okay. Also, this is a picky thing. We talked at this morning's meeting about the maximum people and changing that to like number of people. Are we not doing that now?

Um, uh, the commission can make the change, um, at the dais today, but we've staff has already made the changes for any future CPS that, um, will come your way.

Okay. Okay. So I'm sorry, just, so if we want that change tonight, we have to make the amendment tonight.

That's correct.

Well, we haven't done it on the first two, so, okay. I'll forget it. Okay. I have nothing else.

Was, um, when the applicant just spoke and he talked about closing at later hours, did this impact him anyway with this approval with staff conditions?

He was saying he was going to close it some earlier hours. Okay. Well, thank you. Okay.

All right. Any further discussion on the side? Seeing none, roll call, please.

Sure.

Allison Hardy.

Aye.

Lucy Johnson.

Aye.

Rhonda Bonetta-Kirkey. Aye. Wade Magnum. Aye. Randy Bryan. Aye. Michelle Burleson. Aye. David Caines. Aye. Mariah Dunn. Aye. Motion to approve carries. Item number five, please. CUP 2622, Jack's Roadhouse. Hold a public hearing and consider a request by Hallucivision LLC on behalf of Jack's Roadhouse for renewal of a conditional use permit to allow on-premise consumption of mixed beverages located at 1625 Hunter Road.

We will open the public hearing. Good evening, Chair, Commission, Craig Garrison, Planner, Planning and Development Services. JAXA is located on Hunter Road, southwest of the intersection of West Hopkins and San Antonio Street. JAXA is an established bar that has held a SUP special use permit since 1996 and a conditional use permit since 2018. Surrounding uses include single family residential, retail, and vacant property. The existing zoning is community commercial. The current use is a bar. The hours of operation are Monday through Friday, 2 p.m. to 2 a.m., and then Saturday through Sunday, 12 p.m. to 2 a.m. The previous CUP did expire March 6th of this year, and there are nine police calls in the police report and your staff report. And staff has used San Marcos' Development Code Sections 2834 and 5155 when reviewing the case. This analysis has been found in your staff reports. This map shows the measurement to the two nearest single family residential zoned properties and the measurement is over 300 feet as measured door to door per TABC guidelines. And this is the existing site plan. This is the current floor plan and there were 91 notices that were mailed to surrounding properties and two posted signs placed on the property and staffers received zero comments for or against. And staff recommends approval of CUP 2622 with the following conditions. The permit shall be valid for one year and shall expire May 26th of 2027, provided standards are met. The business is responsible for cleaning the area within 100 feet of the exit. Lane Development Code Section 5155E2D. The maximum people occupying the building is required to remain compliant with the fire code to include ensuring that occupant loads stay at or below posted levels. No outdoor background or amplified sound should be permitted on the property and the permit should be posted in the same area and manner as the certificate of occupancy. That does conclude my presentation. Thank you.

Thank you, sir. Would the applicant like to speak in favor of your permit at this time? And we just need your name and address, sir.

Uh, Rocco Moses, uh, four 80 mil road. Um, we'd like to go for the same three year, you know, standard. Um, we've been at this for a while. We've made several kind of running improvements. And so, you know, thank you, sir.

Yep. Anybody else in the chamber wish to speak? Anybody online wish to speak?

Not sure.

All right. We'll close the public hearing.

I'll make a motion to approve a CUP 2622 with staff conditions, except that the term would be one year expiring March 6th, 2027, which is the expiration of the previous CUP.

Okay. We have a motion to approve by commissioner Agnew seconded by commissioner Burleson and discussion.

I just want to know if PB or Claudia have any input in this.

Good evening. Dwayne Poorboy, one of the police commanders. Looking at these reports, I would say there is quite a few assaults that occur there. But in fairness to the owner, we have not visited with him to work with him to figure out what exactly may be causing that. Typically, in my experience, it's over serving alcohol. So I was actually thinking less time. However, I was wanting to make sure that the police department could meet with him, could meet with Claudia and her team and other folks so that we could come up with a plan to make sure that they stay on track and they can stay committed to the public safety that we're all after.

So you're actually thinking that maybe less time would be better and so that give you, you know, you all time to meet with them and make sure everything's good or are you good with the year?

Yeah, that wouldn't change my plan. My plan is to make sure that we meet with them, whether it be six months or a year that they lessen the amount of assaults that they have.

Okay.

I guess I'll do a follow up question. Um, the actions taken now, whether regardless of it's six months or three years, those actions will be taken regardless, right?

Yes, sir.

Okay. Thank you. Yes, sir.

Mr. Chair. I'm sorry. I'm done.

Okay. Yes, sir.

I'm kind of on the fence with the police calls because what we don't want to do is we don't want to discourage the businesses to call us because it's like a mark against them. If something goes wrong, I want them to be confident that they're going to call the police department or whatever agency they need and won't be penalized for doing that. Bars serve alcohol. People get drunk at bars. And I'm just wondering how much that falls back on the owner of the business. Ultimately, the responsible person is the person who got drunk and got in a fight.

I'm just not interrupting. This has just come before us in the past with some issues. So we're just trying to really be careful and make sure that we have them on track to really be successful. And that's why we're concerned in asking PD, do you have a recommendation? I think we only gave them, what was it, a year this last time or six months? Six months. Six months because there were so many issues and we're just trying to give them time to get it together. I feel comfortable with a year if PD feels comfortable, but I couldn't do anything past that.

Yes, sir. So I did want to point out that the motion was really for 10 months, so maybe we've already reached a... Happy middle and I do think the officer had another comment that he wanted to make based on what Rodney was saying Yes, sir.

I actually wanted to agree with him and that's what in fairness to the owner We haven't dug into that but it's not just on the person that Got into the fight sure they have to own their part of it, but the law is very clear about you know over serving folks and but we need to make sure as best we can, what caused that. And if there's something that we can do, they can do. So we don't have to get called so many times to these. That's what we're after.

Well, I do have a question for you then. So at what point does the police department actually go down and talk to any owner that's in the same situation? Is it only after, they come here and we say, oh, this is bad? Or throughout the year, somebody at the PD looks at it and goes, hey, this is bad. We need to go talk to them.

Right. That's a good question. And so in the past, it's literally been circumstances like this. But we just are implementing stratified policing now where, say, you get three calls for service, and I don't know exactly if that's the number at a particular business, then we're going to assign folks to go out there and actually have that conversation to say, hey, let's try to keep from having to come out here so many times. But that's also a valid point, sir. Yes, Commissioner Dunn.

So, I have a question for you, Officer Poboy. But before I ask, one of the things that stuck out to me, which I would, we just approved a three-year for the previous, two previous CUPs, but I know with history, we've had issues with this particular business with the police calls and the staffing. But in this particular incident report, what alarms me is in January, where it states that someone had called. Granted, anybody can call. Anyone can say anything. I get that. But it says, wanted to report this as an ongoing issue of serving minors. Has that been a issue at this bar? I mean, I can't remember off the top of my head when we talked about this six months ago about minors. I know assaults were a big thing. And then I believe the music the homes across the way, because we had talked about the 300 feet from the door to the... So this, that really did stick out to me, and I just wanted to get more info on that.

So to my knowledge, there hadn't been any investigation. There's been no proof of that allegation. I would say that I wasn't here six months ago when you guys decided, hey, six more months, but they're essentially on pace to have the same amount of assaults And so even without the police involved, you know, we should be saying, okay, well, I don't want to have to keep coming back every six months. So what can I do? And again, in fairness to this gentleman, I have not had that conversation. The police department, to best of my knowledge has not had any conversations with him, but that's something that we want to do going forward.

Okay. Yes, sir. Yeah. So I'm going to point out our last, the last CUP for this establishment was just six months and according to the report we have here, because of concerns of public safety. So their most recent one is six months. And the police report doesn't look that much different than it did back then. So we are, in a sense, sort of progressing from six months to one year in this case. And if we get a good year out of this, I think we'd probably be comfortable going to three years next time. But it seems like this would be part of a fairly reasonable progression to just do one year at this point.

Any further discussion on the item? Just want to probably overstate the obvious. Just because somebody calls in and it hasn't been investigated, it could have been one of their competitors saying, every time I go in there, there's an 18-year-old drinking or whatever. And we're still innocent until proven guilty, and we haven't proven anything with that. So again, that's obvious, but I think we need to point that out.

Can I say something on the general matter? What?

Just got to state your name and address.

Hi, Mia Hernandez. I'm the general manager. We did have an officer come by and acknowledge that with us. And then TABC did stop by multiple times after that and never found any minors in there. So I just wanted to put that out there for that.

Oh, yeah, I'm short. Address as well.

Oh, address. Oh, 208 Chimerico.

Thank you very much.

But, yeah, I just wanted to say, like, we've had talked with TABC, and they did come out and check multiple times, and we never had any violations.

I mean, I'm in favor for a three-year on this for many reasons. We were worried about lighting. They put new signage out there that shines on the parking lot. They've moved their food truck. They got a new food truck. It's not longer in the back. Now it's on the side towards the front. It's a longstanding business in our community. They're on track to do the same thing as they did with the police report as we received last year. I'm just not sure at what time do we say this is considered acceptable or not acceptable. They're going to go through the steps to continue to work with this longstanding business in our community. And so, I understand the progression. It does make sense for six months to a year, but what's really going to happen between now within in three years from three years from today, it's we're going to work with them as a city. We got code enforcement, we got all the tools and resources at hand in order to help as we see to put this business in the right direction. But as I see, they're already going there, their status quo right now. So they're on track to do exactly what they did last year and we're wanting to do another probation period for a longstanding business. Yes, Commissioner Rosen.

I understand what you're saying, but it's not a probationary period. I think it's like what... Commissioner Agnew is saying it's a progression because the last time, we had a hard time even giving six months. So there were a lot of concerns in the room, and I just don't want something to happen. I just think it's enough time for PD to get a handle on things, try to get them really in the right direction, not to come with, and I know that all police calls may not even be relevant. We all understand that, but they're here, and we're still faced with them. So that's the part that I struggle with.

So the officer, so first off, let me say, Rodney, what you said I think is awesome. We don't want to have shame for calling the police. If there's something that needs to be called, they need to be called, and we don't want business owners to feel like, oh, gosh, you know, we can't call the police because it's going to be a mark against us. At the same time though, the officer did point out that these were assault calls. They weren't, they weren't calls about loud music. They weren't calls about, you know, someone cussed me out or said I did something bad or threw a beer bottle and that it was assault, which I think he's making the connection between potentially. I can't speak for the owner, but potentially between drinking too much and assault. So I'm not really comfortable yet with three, and I agree with what you're saying at the same time. Like, Jax has been here forever. It's a great place on the south side of town to stop by and hang out with friends or whatever. We want to see them successful at the same time.

Could I respond to that? Yes, sir. So we don't know, or at least I couldn't. I don't know. if these assaults are taking place inside the building or outside. We also, we can all, since they haven't been fully investigated, we can all draw our own conclusions and come up with six different possibilities of what may have happened. And I think that's unfair for us to do that. I think we have to base it on the facts. And the facts are they haven't been proven one way or the other.

Chair.

Withy, can I speak at this time to defend yourself?

And again, it's not defend, but all of these issues were, and really there was only two of them that were assault, that were turning into a fight. One was a long-running patron. They got into a personal issue. It had nothing to do with the bar. They were, you know, in their own space. And as far as the last three calls that happened, she had everybody in. Everybody was gone before anybody even got there. So we're not talking about any level of drag out, knock down stuff. And as far as the last one was a gentleman that made a racial slur and the girl whacked him. And so that's an assault call, but she technically was in the right. So, yep.

Thank you, sir. Yes. Commissioner Johnson.

Um, I feel the need to weigh in for some reason. I'm just up here, but I appreciate all the points that have been made. I am very concerned that, and as a former law enforcement, you should know that, uh, many calls for assaults and other crimes are investigated and later dropped, not necessarily because nothing happened, but because for one reason or another, the case was dropped. And that as a P and Z it's our responsibility to look for patterns at any business where it's, it's no longer a benefit to the community. So to a certain extent, if we see those patterns, um, if we waited for those to go through the entire legal system before making a decision, it could be two or three years before pulling the permit. Um, I'm concerned about those allegations, but I also understand. as you said that we don't want to overly punish a business just because they have numerous calls for service because we can't always know which ones are valid and which ones are not, or which ones are due to over serving. But what I am excited about is that our police department has a plan to address some of these issues. And this is my first year on PNZ. I can't wait to have you come back here in a year or less than a year in 10 months and explain to us, what you have done to remediate some of these issues. I don't want to deny this permit, but neither do I, especially as a first-year PNZ, feel comfortable voting for three years.

To bring to y'all's attention, the calls on Freddie C's was 56. The calls here is eight. They're on track to be on par with what they had last time. And we have one later today towards the end that's going to be 15 calls. just putting it in perspective for you there.

I believe that the, you correct me if I'm wrong, but Freddie C's was from 2024. This was just the last six months. Okay.

Yeah. Well, it's saying that they're on par for what they did previously. So they're at eight. Now they were at 13 before. Looks like maybe they'll be at 16 if we said first going to double.

And that's not good because when you come here and you tell us that you're going to implement all these things and try to make things better, but that was over accumulation of time when they came before with all the calls. But now they have in six months as many as they had in all the time period before that. So that's, I think just why we're kind of concerned. That's it. I'm not trying to harm their business or anything like that. I just have concerns because that's a lot within this time. And it's not like it's, it's assault calls. So that's alarming.

And the concerns are warranted. I'm not getting at that. What I'm wondering is what is going to be good enough for this commission. They're on par to do what they did last year or less.

Well, it was six months and I'm,

It was six months, so I think with the year progression, and then hopefully when they come back, you're saying 10 months, because it's late, so it would calculate out to 10 months. Hopefully by then, it's a lot less with the PD's help, and then they can have their three-year permit. Okay.

Any further discussion on this item?

Were they late on the, can you all refresh my memory? Six months ago, were they behind on their CEP?

I'm sure that was one reason, but I don't recall. Okay. No, to my understanding, the six months was based purely off of the police report and the, the concerns.

Okay. Oh, so it was six months, six, six months, and now we're doing a year.

Correct. Well, yes.

I have a small question for the staff. Yes, sir. My packet had a pages one 20 and if this has already been addressed, forgive me, but pages one 29, one 30 and one 31. were from, they should have been for Jack's, but they were for Freddie C's. Is there anything missing from the Freddie C report? Are those just three pages that are just stuck, accidentally stuck? I know it's a tiny little thing. I just want to make sure there's not something missing.

It's actually not a tiny little thing. What's that? It's not a tiny little thing. It's relatively important.

Okay. The question is about the police report for Freddie C's, the previous case.

No, it's about where we have... The packet has three extra pages. Um, one 29, one 31 31 are from Freddie C's, but they're stuck in the middle of Jack's roadhouse. And I just want to make sure that it wasn't. three, three pages were supposed to be there for Jack's roadhouse, but we're Freddie C's were accidentally put there like something that we're missing from the, and I didn't catch it.

There should have been three, three similar pages, but for Jack's roadhouse. Yeah, that's what I'm wondering. And I brought that up this morning.

Actually, there was conversion error. We caught, um, we have updated the packet since, uh, on it. I'm sure Mr. Garrison could speak to anything in his staff report that would have not been in this presentation.

Did you not receive the staff report for for Jack's is what I'm hearing So I have to pack it from Thursday or Friday.

Yes And that one has three extra pages in it in the middle of Jack's but I've not received an update since then and it There would not be an update from Thursday the agenda packet goes out on Wednesday So all the information that we're dealing with is from Wednesday. So so there are three pages from Freddie C's and that are stuck in the middle of the section for JAX. I'm just saying that.

Yeah, it came to our attention today. So we corrected it for the online version. But again, whatever was in the staff report is there now. But like I said, if Craig wants to address anything that was in the staff report that wasn't in the presentation, which generally follows the staff report, that's what that would have been. So we apologize for the error and have started the process of trying to forensically figure out what happened. But we will get that noted. Commissioner Rosen?

So let me be clear that everything is correct that we've heard and what we're basing decisions off of. It's just an order in the pages that was a confusion, right?

That's to my understanding. I'm not familiar with this error.

What actually happened was some pages that were supposed to be for Freddie C's were substituted for pages that should have been Jack's Roadhouse is what happened. And these same pages are also in the Freddie C's portion of our packet as well. But what we don't have are the Jack's Roadhouse version of those three schedules. Although looking at them, I think most of what is on those schedules that we didn't get have been covered one way or another, either by the staff presentation, particularly by the staff presentation. And the only significant piece of information in there from my standpoint was the expiration of the previous CUP. And Craig has... brought that, we've, you've told me what that was and we've amended the term to incorporate that. So I think we've dealt with, so I don't think there's any great harm done by the fact that we don't have those schedules. Although I would have much preferred to have them.

And I'm available for any questions that you have that may have been missed.

Well, I think we're all in favor of approving this. It's just what's the term we're going to approve. So just to knock it out, I'll make a motion to approve approve this for three years instead of one year.

I'll second that.

We have a second by commissioner van Otaker. Key. Is there any further discussion on this amendment? All right. Roll call please.

Lucy Johnson.

Nay.

Run of an editor. Yes. William Eggman.

Right.

Randy Bryan. No. Michelle Burleson. No. David case. All right. Mariah Dunn.

Nay.

Allison Hardy.

Aye.

The motion fails.

All right. We do not have to discuss that anymore. We are back to our original motion with one year. Any further discussion on this? All right. Roll call, please.

Sure. Ronnie. Aye. We making Randy Brown. Yes. Michelle Burleson. Aye. David case. Aye. We're done. Aye. Alison Hardy.

Aye.

Lucy Johnson. Aye. Motion to approve carries.

Thank you. Brings us to item number six.

CUP 2623, Axis, hold the public hearing and consider a request by R&B South Sisters Inc. on behalf of Axis for renewal of a conditional use permit to allow on-premise consumption of mixed beverages located at 202 North LBJ Drive, Suite A.

We will open the public hearing.

Good evening, Chair, Commissioners Craig Garrison, Planner, Planning and Development Services. Axis is located on the square in the northeast corner of East Hopkins and North LBJ Drive. The business has held a restaurant CUP within the central business area since 2024. The St. Marcus Development Code has specific requirements for restaurants within the central business area. One of them is in front of you. And surrounding uses include restaurants, bars, retail services, and apartments. The existing zoning is character district 5D. The current use is restaurant within the CBA area. And the hours of operation are Monday through Sunday, 6 p.m. to 2 a.m. The CUP does expire on June 10th of 2026. There are concerns from environmental health and code compliance. Those included in your staff report. And there were 15 calls reported with the San Marcos Police Department. Planning Department staff did receive the newest health code violations after staff analysis and staff recommendation had been drafted. So that goes to our current recommendation. Staff did use the San Marcos Development Code Section 2834 and 5155 when reviewing the case. This is the existing floor plan. 44 notices were mailed to surrounding properties and two posted signs. Staff has received zero comments for or against. And staff recommends approval of CEP 2623 with the following conditions. This permit shall be valid for three years and shall expire May 26th of 2029, provided that standards are met. The business is responsible for cleaning the area within 100 feet of the exit, Clean Development Code Section 5155E2D. The maximum people occupying the building is required to remain compliant with the fire code to include ensuring that the occupant loads stay at or below posted levels. The business must have a kitchen and food storage facilities of sufficient size to enable food preparation. The kitchen must be equipped with and must utilize a commercial grill, griddle, fryer, oven, or similar heavy food preparation equipment. The business must serve meals to customers during at least two meal periods each day the business is open. A meal must consist of at least one entree, such as a meat serving, a pasta dish, pizza, a sandwich, or similar food in a serving that serves as a main course for a meal. At least three entrees must be available during each meal period. A meal period means a period of at least four hours. The business must be used, maintained, advertised, and held out to the public as a place where meals are prepared and served. And the permit should be posted in the same area and manner as the certificate of occupancy. That concludes my presentation. I do know the applicant is available for any questions. Thank you.

Thank you, sir. Would the applicant like to speak in favor of your permit at this time? Yes. Sir, please just state your name and address, and we'll have three minutes.

Hey, I'm Henry Hoganson. I live at 300 Alpine Trail, San Marcos, Texas. And I am the applicant representative of Axis down on the square in San Marcos. Um, we love working here in the city and, uh, thank you for having me in. I'm welcome. Open to answering any of your guys' questions.

Thank you, sir. Anybody else in the chambers wish to speak? Anybody online wish to speak? No, chair. All right. We'll close public hearing.

I'll make a motion to approve CUP 2623 with staff recommendations, except the term would be six months. from June 10th of 26, which is the expiration of the current CUP, which means it would expire December 10th of 26.

I will second that.

All right, we have a motion to approve with the amendment of reducing from three years to six months effective June 10th with the expiration date of December 10th, 2026. And we have a second by Commissioner Dunn. Discussion, Commissioner Eggman.

Just to explain the six months. And I'm sure Claudia is going to talk to us before we're finished, at least I hope so. And the conditions that we have here as far as both the police report and the code violations are almost, to me, identical to what we dealt with on another one last year where we gave them six months and then the next time we gave them three months and the next time we denied them. So we're kind of, with this one, right where we were, almost identical. The one difference that I can see is there actually have been two inspections, and the second one was really no better than the first. And that's one of the things that troubles me as much as anything. But anyway, this is almost identical to another one. And those who have been around will all know which one I'm talking about. And six months is what we gave then. And I think that's what's appropriate for this one at this time.

Yes, sir. Any further discussion on this item? Yes, sir. Commissioner Bryan.

I have a question for staff. With recent code violation stuff from just a couple of weeks ago, other things still pending, why is there a recommendation for three years? That kind of surprised me when I saw it.

Yes, so I mentioned earlier we did not have the most recent health environmental inspection that Claudia had done. And then there was other, the police report itself did not lead staff to lowering it from three years down to any other number. And mainly it was the land development code when we review through that, all the code sections in 5155 didn't lead staff to reducing that. Commissioner Burleson.

Could we please have Claudia come up and talk to us about this and try to give us some more information? Sure.

Good evening, staff. Claudia Cormier with Code Compliance, 1040 Highway 123. First of all, thank you for having me up here to speak. I'd like to provide some context about what we have been working on. And this is a perfect example for Commissioner Johnson to understand. We have been collaborating with multiple stakeholders. We did have a meeting with multiple people involved. I'm not sure if it's included in your packet or there might be a summary in there where it says that we did have a meeting once the violations were or discovered in February, we did have a follow-up with a member from our planning and development services, our code compliance, our environmental health, and our police department. And we also had a report and an actual inspection from a fire marshal. They were not able to be present, but they did send it forward. So that way they have every single department there, and we actually suggested for them to go ahead and create their own corrective action plan. That way we can see what is it that you can do so we can get straight to success. So that's, I wanted to make sure y'all are understanding. I know there wasn't an example for the previous one, but that's what we're working towards. This is access. We did one for the previous one that Commissioner Agnew mentioned, which was rooftops. So I have a couple of memos here. I know you've reviewed them in your packet. Which one do you have questions about? And I can clarify because if not, we're going to be here all night because I like to type. And I also brought Commander up here. That way he can talk about a couple of things. The most important one that you can see there, I'm not sure if it's included in your memo, Corporal Contreras, who is the downtown corporal, he was actually at one of those meetings because he did do an inspection with me late in February. And that's when he did just cover a couple of things that were addressed during our follow-up meeting, which were the lack of checking IDs correctly and the wanding efforts. So that was Corporal Contreras. I did include it in there. He is not here today, but Commander Poorboy, I'm sure he can explain the police calls in reference to that. And then as far as me goes, I apologize for delaying my report with staff. Sometimes these come in, and I just go in there by surprise, and that's when I found these violations at the establishment.

Yes. If I read the reports, right? The second inspection you did with the exception of the first item on your first report, which is what they were not operating as a restaurant, except for that as our, your second report seemed to include exactly the same violations as the first report. Is that correct?

That is from May 19th, is that correct, from my walkthrough on May 15th?

Yeah, the May 19th one compared to the February one.

Yes, sir. They were back in compliance. The reason I stopped out there is they had an unpermitted vendor, which the issue was resolved. However, the cleanliness, that's when I walked in there and I verified what was going on. That's when I also used what they submitted to me, which is in your packet, their own corrective action plan, which is what said they were going to be doing for us. And that's when I identified here the manager on duty at the time, who was a newly promoted manager. And then, of course, the pictures that you can see there. So yes, most of them were similar, except for that they were in compliance. They were providing food. It was earlier than their normal time, so that's not a violation. They opened earlier. They had a third-party vendor. But their assigned cook did get there on time at 6 o'clock. The other difference was, I believe that's the only one the permit Other than that, they do have their grease trap manifests available to us. That's very important as far as for a sewer system. And then of course they were in compliance because they did have their cook show up and their refrigerators did have food, but you saw the uncleanliness in the pictures.

So as far as the cleanliness that got better in between the two inspections and then got worse again, is that basically what we're saying?

That's correct. I did do a drop by probably in the middle of March and it was fine. And then I came back in may and it was back to the way it was in February. Okay.

If I could ask you one other thing. On your first report, you mentioned they were not operating as a restaurant at that time. Just not at all? I mean, was there just nothing going on at that point?

Yes, that is correct. That is from February 9th.

Yes. Okay.

That is from February 9th, and the pictures, the refrigerators were empty. I know they did provide an explanation that their cook had left the premises. However, this is when we encouraged for them to, be very transparent with us. If they're encountering an issue, let us know what's going on. That's why the change of menus, I document it because let us know why you're not having a vendor there. What's going on? I don't have those issues with other establishments. What's going on here? And if anything, we have the resources to maybe guide you towards success, which is our new Economic and Development Office. We've referred them to that. We've also referred them to their downtown manager, Josie Folletta, who would have way more knowledge about that area than me.

It looks like at some point they were trying to satisfy the restaurant requirement with an outside vendor, like a food truck, which is something I've never seen that work very well when establishments do that. As far as going forward, are they planning, or I should maybe ask the applicant this, but are they planning to go forward with their own kitchen in the future?

So far I've seen that they have their own cook-in there. As far as the previous vendors, I have been I have interviewed them just separately out of curiosity. What happens with these third-party vendors? Why do they leave? I've actually contacted Bagel Bros, and he said, well, it's just not financially benefiting for me. So that's why. So I can't really blame the business owner, Mr. Hoganson and his crew. I don't know. It's more of them talking about this, how it's going to work, or if they have some kind of contract. That's something between them. But I have not seen it work very well. I'm not going to say it's a I don't know. I don't have the statistics to speak on that behalf.

I guess I'm just hoping going forward they're going to be operating their own kitchen. At least that way it's the applicant himself who's fulfilling the requirements, not some other party that we really don't have any control over. Okay. Thanks. Commissioner Dunn.

Claudia, a question. So the May 19th report, the property is in violation of the following for the City of San Marcos ordinance. section, I guess F where it says pending regarding rodent feces.

Yes. And yes, that is something that we need to schedule a meeting. Like we said, we normally try to schedule a meeting when we have all these violations, which I did back in February. I haven't had a chance and our sanitarians, we have to get our sanitarians in there to do an inspection. It was minor. I understand it's still there, that's why I have to document it, but that's when we, and normally a lot of places do have their own pest control, and it's working because they're, I mean, it's not all over the place, but we do see it, but we do have to document it, so that's something that I've talked to my sanitarians about to go do an inspection, make sure they're submitting their pest control reports.

Okay, and maybe I'm misreading this, but I would love some clarity. Are we throwing away animals? Because in garbage, it says the animal or vegetable waste resulting from the handling. Why are there animals in the garbage?

No, that's just a definition. It's not a vegan restaurant. I'm sorry. No, that's just a definition. Can we clarify that next?

Yes.

I'm really concerned. I included what the definition of garbage is in our international property maintenance code. It did throw me off the first time I read it, but that is what garbage is. The animal, the waste of animal, you know, that's what it is. That's the way it's written in our international property maintenance code, just to know that that's what garbage is, waste from animal or vegetable.

From a restaurant.

Oh, it's horrible. We got to fix that, y'all. And I'm thinking because of sushi fish.

Chicken. Commissioner Burleson.

I think that some of the police calls, maybe we need to talk about some of those. Like if I'm reading correctly, it's someone in the bar with the gun and all these things.

Yeah, there was definitely a call. about that. We're trying to get folks to, it's not mandatory. Maybe that's something that this body could take up to Juan folks, but that is something that you see drill had that conversation with them, you know, try to want people check IDs, do all those things. And it's a work in progress, not just for them, but for several bars in town where we're trying to get them to comply with that suggestion.

Was that reported to TABC?

That I'm not sure. They ask for certain calls and we give them to them, but I'm not sure if that was part of a batch. I also know that we got a new TABC agent here in town who was active, and that was one of the things that after the conversation that they had in March with that follow-up and had the meeting, they said, hey, you need to be checking IDs. Well, just on May 21st, TABC walked in with two of our officers and There was nobody checking IDs, and then there were two minors that were served by an employee, alcohol. And unfortunately for that employee, he was actually arrested, and the two minors were cited, but they didn't even have to show an ID to anybody. And to the staff member's point was, hey, the door people are supposed to check IDs. But at least once a year, we have training with the bars telling them, You don't have to agree with it. I don't agree with it. But you have the obligation, if you think someone's underage, to ask for an ID. It doesn't matter if the door person let them in. Whatever it is, you're responsible as a server. That's a TABC rule, and that's what happened on that evening. So, unfortunately, that person went to jail.

Just for clarification, in that situation, it wasn't that they showed a fake ID. They just weren't checking him at all, correct?

That's right.

Well, since we have you up here, could you give clarification on the police calls and how they are accounted for? Cause we have 15 on this one and then across the street we have Freddie C's which has 56 and so just where is it? Cause it's a, is it a radius that we're looking at this or?

No, we're just using the address. Okay. And so, you know, to that point, and I'm still trying to figure out exactly how to present that to you all because I've heard kind of two different opinions. Like, hey, we want to know all the calls for service that you guys respond to out there because those are city resources that are being used. And then other people say, no, we want to know the ones that you can tie to the bar. And so I'm still trying to strike that kind of balance, but You keep saying 56 calls, but my understanding was these aren't for since 2024. So there's 56 calls in two years or so. Okay. And this is a much smaller window. Okay. Yes, sir. Thank you.

Also, isn't Freddie Seas, I mean, they're on one of the main, they're on a corner of one of the main intersections in San Marcos, so. Well, essentially they both are. A lot of stuff's going to happen in that vicinity, right?

Well, yes and no, because if you look at where Freddie Seas is, sir, right across the way is essentially access. It's as bizarre as that front side, but as soon as you get on this side, as soon as you're on the Hopkins side, that's access right there. It's on the back of the building, correct? It's really on the front side.

It's on the roads. Okay, okay.

It's on the roads. Okay.

Commissioner Bryan. I have questions for staff and or Claudia, I'm not sure. So the other CUPs we saw so far had something in there about noise. In fact, I think Freddie C's did.

Why does this one not have anything about noise? Sure. Staff is using a CUP matrix that was created by Planning and Zoning Commission and also city council members. Okay. And there's a few noise conditions available to staff. And then we use analysis of, you know, that location downtown doesn't really have an outdoor, as a small outdoor space, but not a full outdoor patio. So we didn't find it necessary to include the outdoor noise conditions.

Okay. And then other question about Back, I guess it was in February, if I understand it, there was no food being served.

That is correct.

But now we have stipulations that it has to be served. I know that's a TABC thing. Am I wrong on that?

It's a CUP thing. It's just a CUP thing, okay.

Yeah, conditional use permit for a restaurant within the central business area has to serve food during an eight-hour period. That's the requirement. And is that okay if it's a food truck or not? Um, it current, it currently is, um, even though the land development code may be modified soon to not allow food trucks. Um, but it's usually a kitchen within the building or, um, as commissioner Agnew pointed out, a third party will come in and serve within the kitchen, that space. And to my understanding, access has their own restaurant.

Okay. And it does look like the applicant was wanting to say something. I saw your hand go up a couple of times. Yeah. I would love to hear it.

I THINK I COULD SHED SOME OF MY PERSPECTIVE ON SOME OF THE THINGS THAT TOOK PLACE BECAUSE I TAKE FULL RESPONSIBILITY FOR ALL OF THE GOOD THINGS THAT HAPPEN AS WELL AS THE HANDFUL OF BAD THINGS THAT GO ALONG WITH RUNNING A VERY BUSY BAR RIGHT IN DOWNTOWN SAN MARCOS AND RESTAURANT. SUPER ACTIVE AREA MOST NIGHTS OF THE WEEK. THERE ARE THOUSANDS OF PEOPLE GOING IN AND OUT OF THOSE DOORS, AND SO WE DEFINITELY DO HAVE IMPLEMENTED, WE HAVE CORRECTIVE ACTIONS FOR ALL OF THE AMOUNT OF PEOPLE THAT ARE COMING THROUGH THERE AND CHECKING ID'S. WE DO HAVE WANDS, AND WE DO Basically, our guidelines for our staff is to not allow any minors, obviously, and no over-serving, and then to check IDs for every person that's coming in there. So when these events that they've talked about happened, that was definitely, basically, we had five door guys on staff at that time. the person that we fired the day after that was supposed to be at the top door. He was not there. He was with his, uh, underage girlfriend that works at another bar on the square who was in there. And he was right next to them as they were getting served in that same sense. Um, so I gave the benefit of the doubt. And after talking with our bartenders about when the door guy who's supposed to be checking IDs is standing with that group of three girls there, The bartender is maybe assuming that that ID has been checked. He didn't know that that was his girlfriend. And so when we found out about that, we were shocked. And that's unacceptable. We fired him less than 24 hours after that. And we were sad to have our general manager be arrested under those circumstances. We take it very seriously. We want them to be wandering at the door, checking IDs. and not over-serving anybody as far as the kitchen goes. When I think the first violation in February, that was less than 48 hours after we had a falling out with the kitchen guy because we told him that we no longer requested his services anymore because he was failing to be prompt, failing to be cleanly, and not basically being able He wasn't meeting our standards of what we were expecting out of the business relationship. He took it very poorly and made threats, used vulgar language, and I asked him to remove all of his equipment and vacate the premises that day. Less than 48 hours or 24 hours after that is when they came in and they noticed that he had left a mess in there, there was no food in the fridge, and the kitchen was not open, and the food manager certificate was not there. And we did have the grease trap at the time. Um, the grease trap manifest, it was in the office tack to the board where we always have it and keep it current every 90 days, the food manager, I had just asked to leave and he took all his food, um, and left a big mess. And so we were left right at that time, basically, um, with all of those things happening. So I just wanted to, um, put forth whatever I could, as far as like my, investment into this company and my intentions is not to try to skirt past any of the regulations. It's to uphold and respect all of those and so I'm the one that's making sure that we are in compliance with that CUP every day during that eight hour food period every single day of the week. I was in there last night working from six o'clock to two a.m. myself because My kitchen guy, we have two kitchen guys, and one of them had given his two weeks in and failed to work any of those two weeks. And so I got it covered and paid overtime to our other guy, as well as myself supplementing, coming in and working his shifts. We just hired another kitchen guy today who was able to take over those other shifts or whatever. So I'm in there five to six days a week, if not seven, every day during the day. And I'm working closely with Claudia whenever there's... Anything that is out of place or with Pete Benavides, the new TABC officer, he seems like a really great addition to the square. Working hand in hand with him, going over camera footage and being whatever we can do because I want to weed those people out of my business so that we don't have those problems going on. If there's people not checking IDs out there, we want to fire them. If there's people that are going to over-serve somebody like that, we don't want them working in our establishment because it's a scary place down there, and we need to have the A team going out there working as hard as they can to make sure everybody's safe and working in a constructive environment for us to sustain. it's very difficult, but I take it super seriously. And so I'm appreciate you guys being able to hear me out and you say my piece, but I have complete respect for the officers that are doing their job and they're doing a lot better than it used to be done. So like we want to work hand in hand with that. So I appreciate you guys. I'm able to hear me out, but I'll answer any questions you guys have about it with complete transparency because I've, learned a lot from this whole process and I'm excited to continue to work and, uh, sustained. Well, commissioner Johnson, did you have a question?

I know you were next, but

Not to the applicant, but to the officer who's here tonight. I know you brought up that you were a little perplexed as to how to present all the information to P&Z when it came to whether to show reports from the vicinity or on premises. I just want to say I really appreciated all the reports that were included, particularly in this one. It's hard to understand when a call for service may not have anything to do with the bar and the people that are working there and might just be a fight that happened off premises that had nothing to do or was in fact very relevant. So I think in the future going forward, I really was able to understand the situation better by looking at all the reports. The summaries put it in context as well as the dates and times. And I think that was just wonderful.

Thank you.

And Commissioner Van Otterkerke.

I have a question for the applicant. So with regards to the dirty kitchen, how often do you walk through the kitchen? Because the kitchen doesn't get dirty just because somebody moves out. It was dirty when he was there.

Yes. Well, with the most recent, I believe it was May 19th, the most recent one that had taken place. Um, they had come in, um, about five o'clock or so. We opened at six o'clock for the kitchen. Um, it was, uh, I think on a Saturday and it was a busy, it had been a busy, super busy. And I believe the same person who had closed was the one that was opening. So I came in, um, with Claudia there and I was not happy with the way that the kitchen was. We were able to clean it up before we were open, so that was basically the kitchen in the state of they didn't do a good job cleaning it the night before. And we had it all cleaned up before we opened as a restaurant, so it was unfortunate that during our off-business hours, it wasn't kept to the culinary standards that we want to have.

And I appreciate that, and I don't want to get in an argument with you, but everything that happens in that business falls back to you no matter whose fault it is. Absolutely. Nature of the beast. So you said you went to the kitchen when Claudia came in. How many times did you just walk through the kitchen and say look i'm i'm the head guy here this is filthy clean it up or this this looks good how often do you make it a point to to check all those things without claudia being there without the police knocking on your door as i said like five or six times a week i'm in there every day i do the sam's club runs and do the orders um i'm in there helping with making inventory um

receiving Cisco orders and everything. So like we're, I'm all on the back end. I have two young kids and so I'm not out there usually when we're open. Um, I'm usually there in it down there from about, uh, nine o'clock to three o'clock in the afternoon or so.

Okay.

Thank you. Cool. And then, um, basically any other time that we need to be out there, but we try to, um, I try to pick my son up from school.

Yeah.

Any further discussion?

All right, the motion on the table is with staff conditions except the permit shall be effective for six months with an effective date of June 10th. May we get roll call? Sure.

William Magnum. Aye. Randy Bryant. Aye. Shelper Wilson. Aye. David Kings. Aye. Mariah Dunn. Aye. Allison Hardy. Aye. Lucy Johnson.

Aye.

Ryan Evan Underkirky. Aye. The motion to approve carries. All right, thank you.

That brings us to questions and answers session with the press and public. If you wish to ask a question, please approach the podium. Do we have anybody in the audience that wishes to ask a question at this time? Do we have anybody online? Aye, no, Chair. All right. Brings us to adjournment.

I'll make a motion to adjourn, Chair. I'll second.

Motion to approve by Commissioner Dunn, seconded by Commissioner Burleson. Roll call, please.

Sure.

Randy Bryan.

Yes. Cheryl Burleson.

Yes. David Kings.

Yes.

Brian Dunn. Aye. Allison Hardy. Aye. We are adjourned at 7.13 p.m.