Sep 11, 2023 Planning &amp; Zoning 091123

THIS CONCLUDES STAFF PRESENTATION.

UH, STAFF, IS THERE ANYTHING FOR REVIEW? GOOD EVENING COMMISSIONERS.

THE ITEM NUMBER FIVE FOR TONIGHT'S AGENDA IS ZON 23 0 7 2 3.

THIS IS A PD AMENDMENT TO ADOPT A CONCEPT PLAN.

SO YOU GUYS EXPERIENCE WITH THE HAMILTON WAREHOUSE WHERE THE, UH, PD DOCUMENT THAT'S IN PLACE.

UM, BUT THE PREVIOUS PDS IN THE OLDER PDS DOES NOT HAVE WHAT WE CALL A CONCEPT PLAN, WHICH IS THE SHAPE OF THE BUILDINGS AND THE LAYOUT OF HOW THE AREA WOULD DEVELOP.

IN SUCH CASES, WE REQUIRE THEM TO ADOPT A CONCEPT PLAN AND AMEND THE PD.

UH, THAT MEANS NOTHING IN THE ZONING ORDINANCE WILL CHANGE.

NOTHING IN THE LAND USES OR PERMITTED USE CHARGE ZONING REGULATIONS, DEVELOPMENT REGULATION WILL CHANGE.

ONLY THING THEY'LL DO IS UNDER THE CURRENT ZONING, THEY'LL BRING A CONCEPT PLAN SHOWING WHAT COULD HAPPEN, AND THEN WE CAN, UH, APPROVE IT.

AND THAT WILL ADOPT A CONCEPT PLAN, MEANING WHEN THEY GO THROUGH A SITE PLAN, PHASES FOLLOWING THAT WILL JUST GENERALLY FOLLOW WHAT WAS SHOWN IN APPROVAL ON THE CONCEPT PLAN.

ANY SIGNIFICANT CHANGE WOULD TRIGGER A CONCEPT PLAN AMENDMENT.

SO WITH THAT BEING SAID, THIS IS THE AREA WHERE THE APPLICANT IS PROPOSING TO ADOPT A CONCEPT PLAN.

CURRENT ZONING, PD 16 IS FOR GENERAL RETAIL.

SO HE IS STAYING WITH THE, UH, ALLOWED LAND USES.

SO IT'S ABOUT 14.33 ACRES.

SO THIS IS THE CONCEPT PLAN THAT HE IS WISHING TO ADOPT.

SO THE AREA WITH SHOWN KIND OF A, UH, LARGELY TO THE LEFT TOP WITH THE BLUE AREA, THOSE ARE KIND OF A FLOODPLAIN AREA THAT THEY CANNOT REALLY BUILD ANYTHING ON THAT.

SO THE BUILDING SHOWN IN RED IS THE POTENTIAL GROCERY STORE.

THEY DON'T HAVE A END USER YET, BUT THAT'S WHAT THEY'RE HOPING TO BRING TO THAT AREA.

AND THE SECOND ONE IN THE DARKER BLUE IS A FITNESS CENTER INDOORS.

AND THESE ARE SPECULATIVE RETAIL SPACES, AND THEY DO WANT TO POTENTIALLY BRING TWO DRIVE THE RESTAURANTS.

SO THESE ARE ALL KIND OF A CONCEPT PLAN.

SO LET'S SAY THIS, UM, FITNESS CENTER COMES IN AND DEVELOPS.

THEY'LL NEED TO BRING A SITE PLAN THAT SHOWS THEIR BUILDING LAYOUT, SHOWING THEIR LANDSCAPE AND BUILDING MATERIALS AND EVERYTHING ELSE.

BUT THEY DON'T HAVE TO DEVELOP EVERYTHING ELSE.

THEY WILL JUST KIND OF SHOW US, HEY, THIS PORTION REFLECTS THIS PORTION OUT OF THIS CONCEPT PLAN.

SO AS I HAVE MENTIONED, THESE ARE THE PROPOSED USES.

UM, I THINK RIGHT NOW THE ONLY THING THAT'S KIND OF SECURE IS THE FITNESS CENTER.

I THINK THE CRUNCH FITNESS REALLY WANTS TO COME IN HERE.

OTHER THAN THAT, EVERYTHING ELSE IS ASPIRATIONAL.

THEY'RE STILL WORKING WITH POTENTIAL TENANTS.

THIS IS KIND OF A FIRST STEP BEFORE THEY CAN ACTUALLY MOVE INTO ACTUAL DEVELOPMENT AND CONSTRUCTION.

THEY HAVE COMPLIED WITH ALL OUR DENSITY AND DIMENSIONAL REQUIREMENT AS SHOWN THE APPLICANT IS NOT REQUESTING ANY VARIANCES.

AND THE DRC RECOMMENDS APPROVAL.

DO YOU HAVE ANY QUESTIONS FOR STAFF? GOOD.

COMMISSIONER MADDEN? UH, DO YOU, IS THIS THE SAME LOCATION THAT HAD THE MULTIFAMILY AT ONE POINT? OKAY.

THAT IS CORRECT.

SO THEY JUST DITCHED THAT.

YES, THAT IS CORRECT.

SO THERE WAS A PROPOSAL FOR A MULTIFAMILY WRAP WITH MIXTURE OF, UM, VERTICAL MIXED USE THAT WAS OUT BY THE CITY COUNCIL.

SO WHAT THE APPLICANT IS BRINGING FORTH IS WHAT THE ZONING ALREADY ALLOWS, WHICH IS GENERAL RETAIL.

ANY OTHER QUESTIONS? I JUST HAD ONE WITH THIS CRUNCH, UH, FITNESS CENTER.

NEVER HEARD OF THAT BEFORE.

IN CONTACT WITH, AND THEY FEEL PRETTY COMFORTABLE SHOWING THAT THAT IT'S LIKELY TO COME.

SO I DID SOME RESEARCH ON THE GOOGLE, SO IT SEEMS LIKE IT'S KIND OF SIMILAR WITH LIKE LA FITNESS IS AND OTHER THINGS.

THEY WERE KIND OF COMPARING IS CRUNCH FITNESS BETTER THAN THE OTHER? MM-HMM.

SO IT'S, I THINK IT'S A BRAND FRANCHISE PLACE.

SO, UM, I THINK THAT'S JUST ONE THING THAT APPLICANT WAS

[00:05:01]

IT'S NOT SET IN.

STONE CRUNCH IS PRETTY BIG.

I GUESS I'M OUT OF SINCE I DON'T KNOW, BUT I'M NOT EXERCISING.

I GUESS I WOULD THAT'S PROBABLY WHY.

I DON'T KNOW.

I BREED IN AND OUT.

THAT'S, THAT'S BREEDING EXERCISE RIGHT THERE, SO.

GOOD EVENING COMMISSIONERS.

OUCH.

ALL RIGHT.

ANY OTHER QUESTIONS? ANY OTHER QUESTIONS? RIGHT.

THIS NEXT ITEM IS A SPECIFIC USE PERMIT FOR MICKEY'S SPORTS BAR AND GRILL.

THE PROPOSED OR THE THE USE IS A RESTAURANT WITH ALCOHOL SALES, INCLUDING ENTERTAINMENT.

IT'S CURRENTLY ZONED GENERAL RETAIL, AND IT'S LOCATED WITHIN ONE OF THE SUITES OF AN EXISTING RETAIL STRIP CENTER THAT'S LOCATED AT 37 58 SOUTH CARRIER PARKWAY.

SO THE PURPOSE OF THE REQUEST IS TO OBTAIN AUTHORIZATION TO OPERATE A SPECIFIC USE.

AND THAT USE IS THE RESTAURANT WITH ALCOHOL SALES, INCLUDING ENTERTAINMENT.

AND THE ENTERTAINMENT FACILITIES COMPONENT INCLUDES ANY AREA DESIGNATED ON THE FLOOR PLAN FOR USES OR THAT ARE OTHER THAN DINING.

IT MAY INCLUDE, BUT NOT LIMITED TO DANCE FLOORS, STAGES, POOL TABLES, VIDEO GAMES, AMUSEMENT DEVICES, STICK DISC, JOCKEY BOOTH, AND OTHER SIMILAR LIVE ENTERTAINMENT FACILITIES.

THE IMAGE ON THE SCREEN SHOWS THE PROPERTY AND THE SURROUNDING ZONING.

YOU WILL NOTE THAT IMMEDIATELY TO THE WEST THERE IS A SINGLE FAMILY DIVISION.

SO TO GIVE YOU A LITTLE BIT OF BACKGROUND ON WHY THIS REQUEST IS BEFORE YOU TONIGHT, SINCE IT'S AN EXISTING BUILDING, I'M GONNA RUN THROUGH SOME POINTS.

UH, SO THIS INVESTIGATION IS, OR THIS REQUEST IS AN OUTCOME OF AN INVESTIGATION THAT FOUND THAT MICKEY'S SPORTS BAR AND GRILL WAS OPERATING WITHOUT A VALID CERTIFICATE OF OCCUPANCY.

AND AS A RESTAURANT WITH ALCOHOL SALES, INCLUDING ENTERTAINMENT, WHICH REQUIRES CITY AUTHORIZATION OF AN SUP.

SO ANY BUSINESS WITHIN THE CITY OF GRAND PRAIRIE IS REQUIRED TO OBTAIN THAT CERTIFICATE OF OCCUPANCY.

SO THE CITY BEGAN THIS INVESTIGATION AFTER WE RECEIVED CITIZEN COMPLAINTS REGARDING THIS LOCATION.

AND TO WALK YOU THROUGH THE HISTORY.

IN 2013, THE CITY ISSUED THE ORIGINAL CERTIFICATE OF OCCUPANCY.

IN 2015, NEW OWNERS APPLIED FOR A NEW COO, WHICH IS REQUIRED WHEN THERE'S A CHANGE OF OWNERSHIP OR A CHANGE OF BUSINESS NAME.

AT THAT POINT, THE LOCATION DID NOT PASS FINAL INSPECTIONS.

THE CITY ISSUED A TEMPORARY COO, WHICH HAS EXPIRED.

AND SINCE 2015, THE LOCATION HAS BEEN OPERATING WITHOUT A VALID COO.

SO IN 2023, THE CITY OF GRAND PRAIRIE BEGAN INVESTIGATING THIS LOCATION AFTER WE RECEIVED CITIZEN COMPLAINTS.

AND SO THE PREVIOUS TWO BULLET POINTS ARE SOME OF THE RESULTS FROM THAT INVESTIGATION WHEN WE WERE LOOKING CLOSER AT THE OPERATIONS AND WHAT, UH, PERMISSIONS OR AUTHORIZATIONS THEY HAD OBTAINED.

SO AFTER CODE COMPLIANCE ISSUED A NOTICE OF VIOLATION FOR OPERATING WITHOUT A COO, THE OWNER APPLIED FOR ONE.

DURING THAT REVIEW PROCESS, VARIOUS DEPARTMENTS LOOK AT THAT USE, AND THE PLANNING DIVISION DETERMINED THAT THEY WERE OPERATING AS A RESTAURANT WITH ALCOHOL SALES, INCLUDING ENTERTAINMENT, AND THAT THAT REQUIRES THE SUP.

AND SO WE LET THE APPLICANT KNOW THAT THAT WAS THE CASE.

AND THEN ON AUGUST 2ND, THE BUSINESS OWNER APPLIED FOR AN SUP.

SO THEIR, THEIR OPERATIONS, AND AGAIN, THEY ARE CURRENTLY LOCATING OR CURRENTLY OPERATING, UH, THE OWNER STATES THAT MICKEY'S IS A FULL SERVICE RESTAURANT IN WHICH CUSTOMERS CAN EAT, DRINK, AND SOCIALIZE WHILE WATCHING THE LATEST TELEVISED SPORTS EVENTS.

THEIR HOURS OF OPERATIONS START AT 4:00 PM AND GO TILL 12:00 AM ON SUNDAYS THROUGH THURSDAYS, AND THEN GO TO 2:00 AM ON FRIDAYS AND SATURDAYS.

THE PLAN STATES THAT THE RESTAURANT IS EQUIPPED WITH SECURITY CAMERAS AND THAT LICENSED SECURITY OFFICERS WILL BE ON SITE DURING PEAK HOURS.

THE OPERATIONS INCLUDE A LIVE ENTERTAINMENT COMPONENT, WHICH IS AGAIN, WHAT HAS TRIGGERED THIS SUP REQUEST.

THEY DO HAVE A BILLIARDS TABLE, UH, BUT THROUGHOUT THE INVESTIGATIONS, STAFF FOUND THAT THEY ROUTINELY HAVE DJS THAT PERFORM LIVE MUSIC AND THAT A PORTION OF THE SPACE IS USED AS THE DANCE FLOOR.

SO DURING THE SUP PROCESS, STAFF CAN MAKE COMMENTS, REQUEST ADDITIONAL INFORMATION, AND WE DID SO REQUESTING INFORMATION ABOUT THE LIVE MUSIC AND THE DANCE FLOOR.

UH, ENVIRONMENTAL ALSO ASK FOR A NOISE STUDY, BUT THE, UH, BUSINESS OWNER, THE APPLICANT DID NOT RESPOND TO THOSE REQUESTS.

SO SOME OF THE ANALYSIS, I WILL NOTE THAT THE INVESTIGATION WAS HEADED UP BY THE GRAND PRAIRIE POLICE DEPARTMENT AND THE PUBLIC HEALTH AND ENVIRONMENTAL QUALITY DEPARTMENT.

SO IN SINCE JANUARY, 2022, THE POLICE DEPARTMENT HAS RESPONDED TO 124 CALLS REGARDING THIS LOCATION.

47 OF THOSE CALLS

[00:10:01]

WERE THE RESULT OF NOISE COMPLAINTS FROM NEIGHBORS.

AND GIVEN THAT NUMBER OF NOISE COMPLAINTS, THE PUBLIC HEALTH AND ENVIRONMENTAL EQUALITY DEPARTMENT SAID, PLEASE SUBMIT A NOISE STUDY TO US ON JUNE 3RD OR 29TH AND 30TH.

AND THEN AGAIN, DURING THAT SDP REVIEW PROCESS, THE OWNER HAS NOT RESPONDED TO THE REQUEST FOR A NOISE STUDY.

AND THE SIGNIFICANCE OF THAT STUDY, AND IT WAS IT DOES FOR STAFF, IS THAT IT MEASURES THE SOUND THAT WOULD BE GENERATED BY THE DJS AND LIVE MUSIC.

AND IT DETERMINES IF IT FALLS WITHIN THE DECIBEL LEVELS.

THAT'S ALLOWED BY OUR CODE OF ORDINANCES.

SO WITHOUT THAT STUDY, STAFF ISN'T ABLE TO DETERMINE IF THE CURRENT OPERATIONS COMPLY WITH CITY CODES.

ADDITIONALLY, THE PUBLIC HEALTH AND ENVIRONMENTAL QUALITY DEPARTMENT HAS ISSUED 11 CITATIONS THIS YEAR FOR THIS LOCATION.

AND TWO OF THOSE ARE REALLY RELATED TO THE ENTERTAINMENT ASPECT AND THE NOISE.

UH, THE FIRST IS THAT THE, THERE'S A FAILURE TO PROVIDE A VALID DANCE FLOOR PERMIT AND THEN A FAILURE TO KEEP THE BACK DOOR CLOSED WHEN IT'S NOT IN USE.

THE IDEA IS THAT IF THAT BACK DOOR IS OPEN ALL THE TIME, MUSIC CONNECTS ESCAPE INTO THE NEIGHBORHOOD.

SO AS PART OF THE SUP PROCESS, WE DO SEND OUT NOTIFICATIONS TO PROPERTY OWNERS WITHIN 300 FEET OF THE PROPOSED REQUEST.

AND WE ALSO PUBLISH NOTICE IN THE FORT WORTH STAR TELEGRAM.

SO WE SEND OUT 51 LETTERS TO SURROUNDING PROPERTIES.

WE DID NOT RECEIVE ANY IN SUPPORT.

WE DID RECEIVE ONE IN SUPPORT, BUT THEY WERE TALKING ABOUT THEIR LOCATION AND A GAS SCARE THAT THE FIRE DEPARTMENT HAD TO EVACUATE THEM.

AND IT WAS TOTALLY UNRELATED TO THIS REQUEST.

UM, SO NONE IN SUPPORT FOR THIS REQUEST.

AND WE DID RECEIVE AT THE TIME THAT THE PACKET WAS PUBLISHED, SIX LETTERS OF OPPOSITION.

WE DID ALSO RECEIVE SOME MORE OVER THE WEEKEND.

AND SO THAT BRINGS THAT TOTAL TO 10.

ON THE SCREEN, YOU CAN SEE A MAP.

THE PROPERTY IS OUTLINED IN BLUE.

AND OF THOSE 10 REQUESTS, THERE ARE FIVE LOCATIONS THAT ARE PART OF THAT NEIGHBORHOOD.

THAT'S IMMEDIATELY TO THE WEST.

ONE OF OUR LETTERS OF OPPOSITION WAS THIS FROM THE CITY OF GRAND PRAIRIE POLICE DEPARTMENT.

UH, THIS LETTER WAS INCLUDED IN YOUR PACKET, AND WE DO HAVE REPRESENTATIVES FROM THE POLICE DEPARTMENT WHO CAN ANSWER IN GREATER DETAIL THE, UH, ANY QUESTIONS YOU HAVE.

UH, WE ALSO HAVE SOME INFORMATION ABOUT THE CALLS TO SERVICE CALLS FOR SERVICE GENERATED BY THIS LOCATION.

A COUPLE OF THE LETTERS THAT WE RECEIVED, UH, REALLY WERE CONCERNS ABOUT LOUD NOISE, UM, PLAYING MUSIC AND CARS IN THE PARKING LOT, THAT TYPE OF THING.

SO, STAFF'S UNABLE TO RECOMMEND APPROVAL OF THIS REQUEST.

GIVEN THESE ISSUES THAT WE'VE OUTLINED, THE APPLICANT'S FAILED TO RESPOND TO THESE REQUESTS FOR A NOISE STUDY, ADDITIONAL INFORMATION REGARDING ENTERTAINMENT RELATED OPERATIONS, AND THEN A PLAN TO RESOLVE ONGOING ISSUES WITH NOISE COMPLAINTS, PARKING, AND THE ALCOHOL SALES.

HOWEVER, SHOULD THE PLANNING AND ZONING COMMISSION RECOMMEND APPROVAL OF THIS REQUEST, WE ARE RECOMMENDING SEVERAL CONDITIONS.

UH, THE FIRST IS THAT THE APPLICANT SHALL SUBMIT A NOISE STUDY TO PUBLIC HEALTH AND ENVIRONMENTAL QUALITY FOR REVIEW AND APPROVAL PRIOR TO THE ISSUANCE OF A CO OPL AMPLIFIED SOUND SHALL BE CONTAINED WITHIN THE BUILDING AND SHALL NOT BE ALLOWED IN AREAS EXTERNAL TO THE BUILDING, WHICH INCLUDES THE PARKING LOT THE APPLICANT SHALL APPLY FOR AND OBTAIN A VALID DANCE FLOOR, DANCE FLOOR PERMIT.

PRIOR TO THE ISSUANCE OF A COO, THE APPLICANT SHALL PROVIDE SALES RECEIPTS FOR THE LAST 18 MONTHS OF OPERATION THAT DEPICT THE BREAKDOWN BETWEEN FOOD AND ALCOHOL SALES.

NUMBER FIVE, ALCOHOL SALES SHALL ACCOUNT FOR LESS THAN 75% OF THE TOTAL SALES.

A RESTAURANT WITH EQUAL TO OR EXCEEDING 75% OF ALCOHOL SALES IS NOT ALLOWED IN THE GENERAL RETAIL ZONING DISTRICT AND WOULD BE PROHIBITED THUS LOCATION.

SO NUMBER FOUR, THAT BREAKDOWN OF SALES RECEIPTS WILL HELP STAFF VERIFY THAT THEY ARE ACTUALLY, UM, OPERATING AS A RESTAURANT WITH ALCOHOL, SALES AND ENTERTAINMENT, AND NOT THE RESTAURANT THAT EXCEEDS 75% SECURITY MUST BE PROVIDED BY AN INDIVIDUAL QUALIFIED UNDER CHAPTER 1702 OF THE TEXAS O OCCUPATION CODES.

THIS INDIVIDUAL MUST BE PRESENT AT, UH, EIGHT O'CLOCK UNTIL AT LEAST ONE HOUR AFTER CLOSING.

THAT WILL ALLOW THEM TO OVERSEE OPERATIONS DURING THE OPERATIONAL HOURS, BUT ALSO AFTERWARDS IN THE PARKING LOT, WHICH HAS BEEN AN ISSUE.

SO THEY'LL ENSURE THE ORDERLY DEPARTURE OF GUESTS.

THEY'LL MONITOR THE PARKING AREAS AND THEN MITIGATE ANY NOISE AND ALCOHOL ISSUES.

HOURS OF OPERATION SHALL NOT EXTEND BEYOND 12:00 AM THE FACILITY SHALL NOT BE USED FOR SINGLE ADMISSION TYPES INVOLVING A COVER CHARGE, ENTRANCE FEE.

AND THE OPERATIONS OF THE FACILITY SHALL BE IN STRICT COMPLIANCE WITH ALL APPLICABLE LAWS AND THE REQUIREMENTS OF PUBLIC HEALTH, ENVIRONMENTAL QUALITY BUILDING INSPECTIONS, POLICE DEPARTMENT, AND FIRE ADMINISTRATION.

AND THEN FINALLY, CITY COUNCIL SHALL CONDUCT A PUBLIC HEARING SIX MONTHS AFTER THE ISSUE OF A COO TO CONFIRM COMPLIANCE WITH THOSE, ALL THOSE CODES

[00:15:01]

AND THEN THE SUP CONDITIONS.

THIS CONCLUDES STAFF'S PRESENTATION.

I CAN ANSWER QUESTIONS AT THIS TIME.

COMMISSIONER, COMMISSIONER MADDEN.

SO JUST A QUESTION FOR MYSELF.

UM, SO WHEN A CO O IS TEMPORARY, IS THERE A PROCESS THAT THE CITY NORMALLY HAS TO FOLLOW UP OR TO MAIL THEM A LETTER TO SAY, HEY, THIS IS EXPIRED? OR IS IT ON THE AT WHEN WE WERE USING THE PREVIOUS SOFTWARE, THERE WOULD'VE BEEN NO WAY OKAY.

TO, TO, TO COORDINATE THAT, FIND THAT.

IT JUST HAD TO BE, YOU KNOW, WRITE IT DOWN ON YOUR CALENDAR.

OH, OKAY.

SO, SO THEY'VE OPERATED NOW FOR LIKE EIGHT YEARS ALMOST, OR SEVEN SOMETHING YEARS? YES.

COMMISSIONER RAMIREZ.

SO EIGHT YEARS AGO, WHENEVER THEY APPLIED FOR THE CEO, DID THEY APPLY FOR IT AS JUST A RESTAURANT? THEY SAY IT WAS GONNA BE A BAR AND THEY JUST KINDA HAD A FREE RUN FOR EIGHT YEARS, OR IT, IT WAS FOR A RESTAURANT, I BELIEVE.

AND SO, UM, I'VE GOT OUR USE CHARTS THAT SHOWS KIND OF THAT BREAKDOWN.

UM, WE'VE GOT MORE CATEGORIES OF RESTAURANTS.

SO THERE'S THE RESTAURANT, THERE'S THE RESTAURANT WITH EQUAL TO OR EXCEEDING ALCOHOL.

UH, 75% OF ALCOHOL SALES.

THERE'S A RESTAURANT WITH ALCOHOL AND ENTERTAINMENT.

UM, SO THERE ARE DIFFERENT VARIATIONS, BUT I BELIEVE WHEN THEY APPLIED IN 2015, IT WAS JUST FOR THAT RESTAURANT, I GUESS.

WHEN, WHEN THE CITY COMES THROUGH AND THOSE ARE ILLEGAL INSPECTIONS, I GUESS THERE'S NOTHING TO FLAGS.

IT SAYS, HEY, THERE'S NO CO OPEN FOR THIS.

OR, AND AGAIN, NOT WITH THE SYSTEM WE ARE USING AT THAT TIME.

WE, WE HAVE ONE MORE? UH, YES.

I JUST WANNA THANK YOU, SAVANNAH, FOR SUCH THOROUGH REPORTING, ESPECIALLY IN LIEU OF THE FACT THAT I'M A NEW COMMISSIONER.

THIS MAKES IT VERY PLAIN FOR ME.

SO THANK YOU VERY MUCH.

I WISH I COULD TAKE CREDIT, BUT THAT REALLY GOES TO PD AND ENVIRONMENTAL WHO HELPED COMPILE ALL THIS INFORMATION.

SO I'LL PASS THAT ON TO THEM.

COMMISSION KO, CAN YOU EDUCATE ME AS TO WHAT CHAPTER 1702 SAYS? IT'S JUST A CHAPTER.

UM, I CAN'T GIVE YOU THE EXACT LANGUAGE, BUT IT ESSENTIALLY SAYS THEY'RE QUALIFIED TO ACT AS A SECURITY PERSONNEL.

I DON'T KNOW IF MATT HAS SOMETHING HE'D LIKE TO ADD.

IT'S THE OCCUPATIONS CODE.

IT'S LIKE CERTIFIED VISA OFFICERS AND CERTIFIED SECURITY OFFICERS.

OKAY, THANK YOU.

SO REALLY THE INTENT IS THERE IS IS JUST NOT A RANDOM PERSON ACTING AS A SECURITY GUARD, BUT ONE WHO HAS THAT AUTHORIZATION.

IS THE APPLICANT GONNA BE HERE? YES.

THIS IS, UM, REALLY ONE OF THE WORST I'VE EVER SEEN.

AND, UM, I'M JUST SURPRISED.

SO WHEN YOU FOUND OUT AND STARTED THE INVESTIGATION, DID THEY, HAS SOMEBODY BEEN GOING OVER THERE TO MONITOR ON A CONSISTENT BASIS TO SEE IF THEY'RE STILL VIOLATING THOSE THINGS OR THEY JUST, JUST HAVE TO WAIT UNTIL IT GETS HERE? SO THERE HAVE BEEN OTHER DEPARTMENTS THAT HAVE GONE OUT THERE, UH, IN ROUTINE INSPECTIONS.

UM, I THINK ENVIRONMENTAL SERVICE HAS BEEN OUT THERE PROBABLY THREE OR FOUR TIMES THIS YEAR.

I KNOW PD HAS BEEN OUT THERE AS WELL, AND LIEUTENANT OLIVA IS HERE AND CAN GIVE YOU A BETTER INFORMATION ABOUT THEIR, THEIR TYPES OF INVESTIGATION AND, AND INSPECTIONS.

I THINK, UH, FOR ME, I WOULD PREFER THEM WAIT UNTIL WE HAVE THE PUBLIC HEARING TO MAKE SURE THAT EVERYBODY CAN HEAR ALL THE ISSUES GOING ON.

DO Y'ALL AGREE WITH THAT? IS THAT OKAY? I MEAN, WE COULD HEAR SOME NOW, BUT WE JUST BE REPEATING IT AGAIN, YOU KNOW, SO, UM, YEAH, THIS IS, UM, THIS IS NOT GOOD.

ANYBODY ELSE HAVE ANY OTHER QUESTIONS? COMMISSIONER RAMIREZ, YOU MAY HAVE ALREADY SAID.

ARE THEY, ARE THEY STILL CURRENTLY OPERATING OR ARE THEY YES, THEY ARE.

AND THEY HAVE THEIR, THEY APPLIED FOR, I GUESS THEY HAVE A TCO FOR RIGHT NOW.

THEY DO NOT HAVE ANY COO.

THEY HAVE APPLIED FOR ONE THAT IS CURRENTLY UNDER REVIEW.

AND DURING THAT REVIEW, YOU SAID WE, YOU'VE GOTTA GET AN SUP AUTHORIZING THE USE FIRST, DEPENDING ON THE OUTCOME OF CITY COUNCIL, WE'LL EITHER APPROVE THE CO WITH THOSE CONDITIONS OR DENY IT.

SO THEY HAVE LIKE, WHAT, 60, 60 DAYS, 90 DAYS TO TRY TO RUN THROUGH THE PROCESS OR? YES.

I, I BELIEVE THEY'LL BE BEFORE THE CITY COUNCIL ON OCTOBER 10TH.

AND SO IT WOULD BE, UH, DURING THAT WEEK.

THE ONLY COMMENT I HAVE IS THAT THEY'RE RUNNING IT LIKE A CLUB, YOU KNOW, CHARGING ADMISSION.

I MEAN, THIS KIND OF GONE BEYOND THE PALE.

IT'S JUST VERY DISRESPECTFUL, YOU KNOW.

AND, UH, A CONCERN I HAVE IS REGARD TO THE OPPOSITION LETTERS.

DID THEY EVER REACH OUT TO THE NEIGHBORS AND SAY, I'M SORRY, OR WHAT CAN WE DO TO KIND OF MAKE THIS BETTER? NO MEETING OF THE MINDS WITH THE RESIDENTS AT ALL.

I DON'T BELIEVE SO.

COMMISSIONER, UH, COMMISSIONER, UH, RAMIREZ? YEAH.

THAT'S NOT GOOD.

ANYTHING ELSE? COMMISSIONERS? THINK THAT'S IT.

THANKS SAVANNAH.

GOOD EVENING, MADAM CHAIR AND COMMISSIONERS.

UH, THE REQUEST BEFORE YOU IS FOR A UNIFIED SIGNAGE PLAN FOR QUICKTRIP

[00:20:02]

AND THE .

UM, I'VE, THEY ARE REQUESTING FOR VARIANCES.

A MONUMENT, UH, SIGN IS ALLOWED, BUT A POLE SIGN IS CURRENTLY PROHIBITED.

SO I WOULD SAY THAT THE LOCATION FOR THE QUICK TRIP IS IN THE UNDEVELOPED SOUTHEAST CORNER OF INTERSTATE 20 AND SOUTH BELTLINE ROAD.

THE OTHER THREE INTERSECTION CORNERS OF THIS MAJOR INTERSECTION, THEY, IT, THEIR REQUEST IS CONSISTENT BECAUSE THERE ARE POLE SIGNS WITH VISIBLE GASOLINE PRICING SIGNS.

UM, ADDITIONALLY, THEIR REQUEST FOR THE SIGN IS CONSISTENT WITH THEIR SIGNING BRANDING, THEIR BRANDING FOR THEIR SIGNAGE.

THERE ARE, THERE ARE MANY QUICK TRIPS IN TOWN AND INCLUDING THREE AT MAJOR INTERSECTIONS.

UH, ANOTHER POINT I WOULD LIKE TO ADD IS THAT THE SIGN BEFORE YOU IS ATYPICAL.

THE SIGNS THAT YOU NORMALLY SEE HAVE TWO POLES.

AND SO THEY'VE ADDED SOME EXTRA DESIGN TO MAKE THIS A SOLID MONUMENT BASE WITH THE ADDITIONAL MASON READ AND TO MAKE IT MORE ATTRACTIVE IN THAT AREA.

AND, UH, THE PULSE SIGN IS PROHIBITED.

SO THEY NEED, THEY'RE ASKING FOR A VARIANCE TO THAT.

THEY'RE ASKING FOR A VARIANCE TO THE HEIGHT, A MONUMENT SIGN, THE MAXIMUM HEIGHT IS EIGHT FEET.

THIS IS 45.

AND THEY'RE ASKING FOR A, THAT, UH, GASOLINE PRICING BE INCLUDED ON THE POLE SIGN.

AND THEY WERE ALSO ASKING, UH, THE FOURTH VARIANCES FOR A, THE SIGN THE SQUARE FEET TO BE 50.7 SQUARE FEET FOR THE GASOLINE PRICING SIGN, UM, WHICH EXCEEDS THE GROUND LEVEL MONUMENT SIGN OF 20 SQUARE FEET.

SO I AM HAPPY TO ANSWER ANY QUESTIONS.

IS THIS, IS THIS THE SAME SIZE AS THE ONE THAT'S ON BELT LINE IN 30? NO, THAT'S A PRETTY BIG ONE TOO, ISN'T IT? I'M, I'M NOT FAMILIAR IF IT'S THE, THE SAME OWNER, BUT IT'S, I MEAN, JUST AS FAR AS LIKE THE HEIGHT.

'CAUSE LIKE, OH, I, I, I DON'T KNOW IT'S, BUT I'M ASSUMING, I'M ASSUMING THEY WANT THIS SO THEY CAN SEE IT WHEN THEY'RE COMING ON THE HIGHWAY.

SO, YOU KNOW WHAT JAZZ PRICES ARE.

I MEAN, LOOK, I UNDERSTAND IT COMPLETELY.

SO THAT IS EXACTLY, AND THERE IS A, AN EXISTING TELEPHONE POLE SIGN AT THAT INTERSECTION THAT IS 50 FEET HIGH.

SO IT'S A LITTLE BIT LESS THAN THAT ACTUAL TELEPHONE POLE SIGN.

BUT THAT'S EXACTLY IT.

THE, UH, FOR QUICK TRIP, GASOLINE, CONVENIENCE STORES, UH, VISIBILITY IS EVERYTHING, ESPECIALLY AS MOTORISTS ARE TRAVELING ON I 20 AT 70.

THANK YOU FOR YOUR QUESTION.

WAS THE COMMISSIONER DOWN HERE? NO.

COMMISSIONER MADDEN? I, DO YOU HAPPEN TO KNOW WHAT THE HEIGHT FOR THE SIGNS THAT ARE ACROSS THE STREET ARE? I KNOW THERE'S A, UM, NO, I DO NOT.

NO, I DO NOT.

I, THEY ARE ALL VISIBLE FROM THE HIGHWAY.

I'VE, I'VE DONE THE GOOGLE SEARCH MM-HMM .

AND YOU CAN SEE ALL OF THEM.

YOU CAN SEE THAT TELEPHONE POLE I MENTIONED, WHICH IS AT 50 FEET.

ALSO.

SO IT WOULD BE ABOUT THERE.

DOES, WOULD THAT HELP YOU IN YOUR DECISION? UH, WELL, I MAY DO GOOGLE EARTH, I'D JUST LIKE TO SEE IN COMPARISON WHAT THE OTHER BUSINESSES THAT ARE SIMILAR, WHAT THE HEIGHTS OF THEIR SIGNS ARE.

SO IT'S OKAY IF YOU, NOW WE'LL TRY, WE'LL TRY TO DO A, WE'LL TRY TO DO A QUICK SEARCH.

BEFORE THE MEETING.

COMMISSION FEDCO IT, IT WOULD HELP ME BECAUSE IT, I WAS GONNA ASK THE EXACT SAME QUESTION.

'CAUSE IF THEIR COMPETITORS ARE ACROSS THE STREET, HAVE A SIGN THAT'S THAT HEIGHT, IT'S HARD TO SAY WHY THEY SHOULDN'T GET THAT.

EXACTLY.

AND I, I HAVE A FEELING THAT IF YOU CAN SEE THE OTHER ONES FROM THE HIGHWAY, THEY'RE HIGHER THAN EIGHT FEET.

I BELIEVE THEY ARE WHEN I, WHEN I, THEY MIGHT BE MM-HMM .

I, I, IT DOESN'T, YOU OPEN THE DOOR, YOU OPEN THE DOOR.

UH, COMMISSIONER, I'M NOT GOOD TO DO THAT.

UM, BUT I WOULD AGREE WITH YOU, COMMISSIONER FIDO, COMMISSIONER PEREZ, I THINK, UH, WELL, ALL THE VARIANCES THAT THEY'RE ASKING FOR, ALL DEAL WITH VISIBILITY AND, UM, THINKING OF THAT CORNER, I PASS THAT CORNER EVERY DAY GOING TO MY DAD'S.

THOSE SIGNS ARE ALL ABOUT THAT'S HEIGHT.

CHRISTINA NOTED, THAT IS OUR CURRENT STANDARD.

THEY'RE, THEY'RE REALLY TALL, BUT THEY NEED TO BE, YOU KNOW, TO BE VISIBLE FOR EVERYBODY ON I 20.

SO THE ONLY CONCERN I HAVE IS THAT DIDN'T WE APPROVE SOMETHING SIMILAR TO THIS A WHILE BACK ON A, A NEW, UH, GAS STATION THAT WAS ON 360? UM, SO AGAIN, THAT WAS PART OF A, IT WAS EITHER A SIGN SIGNAGE PLAN OR A PART OF THE NEW SITE PLAN MM-HMM .

WHICH THEY CAN REQUEST THAT DURING THAT TIME.

UH, AS REGARD TO THE EIGHT FEET THAT

[00:25:01]

SO THAT'S THE ONLY REASON WHY SHE MENTIONED THAT THE OTHER SIGNS AND THAT GAS, THE GAS STATIONS THERE, REMEMBER THAT CAME UP AS WELL, THAT THERE'S SO MANY GAS STATIONS THERE FOR THIS QUICK TRIP.

UM, PNC APPROVED IT, THOSE GAS STATION SIGNS, YES.

THEY ARE OLD SCHOOL POLE SIGNS MM-HMM.

THAT WE WOULD NOT ALLOW AT THIS TIME.

SO THAT'S THE REASON WHY THEY'RE GOING THROUGH THIS PROCESS.

BUT THEY HAVE DONE A SOMEWHAT A COMPROMISE TO DESIGN THE SIGN IN A UNIQUE WAY THAT KIND OF IS AN EXTENT EXTENDED MONUMENT SIDE.

SO, SO WE'RE CAUGHT BETWEEN A ROCK AND A HARD PLACE BECAUSE, YOU KNOW, THE RECOMMENDATION IS BASED ON WHAT IS, UH, CURRENTLY THE GUIDELINES FOR PNZ.

BUT, YOU KNOW, REALISTICALLY IT'S SOMETHING THAT IT'S DOABLE BECAUSE OF EVERYTHING ELSE SURROUNDING IT.

SO IT'S, IT'S KIND OF LIKE WE'RE GONNA CONTINUE TO HAVE THESE CASE BY CASE DECISIONS WITH REGARD TO, YOU KNOW, GAS STATIONS, I'M ASSUMING.

AND THIS IS A UNIQUE LOCATION.

WE ALREADY KNOW THAT.

SO, UM, I WOULD CONSIDER THE SURROUNDING AREA AND CHRISTINA KIND OF, WE'LL TRY TO DO A VISUAL TO SEE, UM, PULL UP GOOGLE MAPS REAL QUICK AND SEE, UM, WHAT THAT HEIGHT MIGHT BE.

THOSE OTHER SIGNS HYPE MIGHT BE RIGHT.

I WOULD, IT WOULD BE GOOD FOR US TO SEE, GET THAT VISUAL COMMISSIONER GONZALEZ.

KIND OF AGREE THERE WITH LOOKING AT A SURROUNDING AREA TO SEE IF THE OTHER SIGNS ARE IN LINE THERE.

BUT IS THERE ANY KIND OF, UM, FROM A HEIGHT STANDPOINT, ANY KIND OF A SAFETY CONCERN OR ANY OF THAT AS TO WHY IT'S ONLY, I MEAN, I GET IT, IT'S EIGHT FEET, BUT IT SEEMS KIND OF SMALL FROM, YOU KNOW, THE HIGHWAY BEING SO, SO HIGH THERE.

IS THERE SOMETHING TO DO WITH THAT EIGHT FEET? I THINK IT'S JUST MORE INTENDED TO ADDRESS RETAIL DEVELOPMENT, PERIOD.

AND NOT CONSIDERED, CONSIDER THE LOCATION, NOT, YEAH.

TELCO, MY WONDERING IS, UM, A WHILE BACK IN ANOTHER PRIOR MEETING, UH, WE LOOKED AT THE POSSIBILITY BECAUSE OF THE NEW, I BELIEVE IT'S THE, UH, SOUTHGATE AREA, THE 2 87 DUE TO THE TRAFFIC AND THE LOCATION.

CORRECT ME IF I'M WRONG, BUT I THINK WE HAD, I'M SORRY.

WE DID APPROVE.

YEAH, WE DID.

AND AGAIN, BECAUSE DUE TO THE, THE FREEWAY MM-HMM .

YEAH, WE DID THAT WAS ON 360.

360.

SO MY WONDERING IS, UM, DOES THAT PLAY A ROW INTO WHAT WE'RE GONNA VOTE ON TODAY? UM, EACH SPOT IS UNIQUE TO ITSELF.

SO IF YOU FELT THAT THAT ONE WAS OKAY, THAT'S THAT SPECIFIC LOCATION, IT DIDN'T, DOESN'T SET A PRECEDENCE FOR THIS, BUT WE'LL GIVE YOU THE INFORMATION YOU NEED TO MAKE THE DECISION.

SO WHAT WE HAVE HERE IS A, IT IS KIND OF A STANDARD PRACTICE.

IT'S NOT IN THE GUIDELINES.

SO WE AS A GROUP HAVE TO DECIDE AND WE CAN HAVE FURTHER DISCUSSION ON THAT, YOU KNOW, IN A LITTLE BIT TO, TO TALK IT THROUGH.

ANY OTHER QUESTIONS? COMMISSIONERS? I THINK THAT'S IT.

SO WE HAVE NOTHING ELSE.

THAT BEING SAID, UH, WE'RE GONNA CLOSE THE, UH, UH, BRIEFING AT 6 28 AND WE'RE GONNA RESTART IN TWO MINUTES.

OR DO YOU WANT FIVE MINUTES? WE CAN HAVE FIVE MINUTES.

FIVE MINUTES.

YOU WANNA START AT SIX 30 OR 6 35? WHATEVER THE GROUP WANTS TO DO.

ARE Y'ALL GOOD TO KEEP GOING? EXCUSE ME? FIVE MINUTES.

LET'S KEEP FIVE, FIVE MINUTES.

STARTED? YEP.

I THINK WE ARE READY TO GO.

WE'RE GONNA GO AHEAD AND GET STARTED, Y'ALL.

WELCOME TO THE CITY OF GRAND PRAIRIE PLANNING AND ZONING COMMISSION MEETING OF, WHAT IS THIS? SEPTEMBER, SEPTEMBER THE 11TH, 2023.

[Call to Order]

I'M CHERYL SMITH, CHAIRMAN OF THE PLANNING AND ZONING COMMISSION.

THE MEETING OF THE PLANNING AND ZONING COMMISSION IS HEREBY CALL TO ORDER AT 6:35 PM THE PLANNING AND ZONING COMMISSION MEETS THE SECOND AND FOURTH MONDAY OF EACH MONTH.

ALL MEETINGS ARE VIDEO RECORDED.

NO OFFICIAL ACTION CAN BE TAKEN UNLESS PROPER APPLICATION HAS BEEN SUBMITTED THROUGH THE PLANNING DEPARTMENT.

THE PLANNING AND ZONING COMMISSION FOLLOWS A PRINTED AGENDA THAT IS AVAILABLE ONLINE PUBLIC HEARING CONSENT AGENDA ITEMS ARE ROUTINE ITEMS WHICH CAN ALL BE APPROVED IN ONE MOTION.

HOWEVER, ANY MEMBER OF THE COMMISSION MAY MAKE A MOTION TO INDIVIDUALLY CONSIDER AN ITEM FROM THE PUBLIC HEARING CONSENT AGENDA.

INDIVIDUALS MAY ADDRESS THE COMMISSION ON ANY ITEMS ON TODAY'S AGENDA.

TO SPEAK ON AN ITEM OR NOTE YOUR SUPPORT OR OPPOSITION WITHOUT SPEAKING, PLEASE FILL OUT A REQUEST TO SPEAK CARD.

THESE CARDS ARE AVAILABLE AT THE COUNTER AND SHOULD BE TURNED IN AT THE BACK OF THE ROOM PRIOR TO THE FIRST AGENDA ITEM BEING CALLED, I WILL NOW CONDUCT A ROLL CALL OF MEMBERS TO CONFIRM A PRESENCE OF A QUORUM.

AFTER I CALL YOUR NAME, PLEASE SAY, HERE CHERYL SMITH.

[00:30:01]

RECORD REFLECT THAT ALL MEMBERS ARE PRESENT.

YAY, .

AND NOW WE WILL HAVE, UH, COMMISSIONER JULIA PEREZ WILL GIVE THE INVOCATION.

AFTER THAT, I WILL LEAD IN THE PLEDGE OF ALLEGIANCE TO THE US AND TEXAS FLAG.

PLEASE BOW YOUR HEADS.

GLORIOUS GOD, YOU PROMISE TO OPEN DOORS OF BLESSINGS AND ABUNDANCE FOR YOUR PEOPLE.

WE ASK THAT YOU WOULD WORK MIGHTILY IN US THIS EVENING.

COME UPON US AND CAUSE US TO HAVE A PRODUCTIVE MEETING.

LEAD EACH ONE OF US SO THAT WE CAN MAKE FRUITFUL CONTRIBUTIONS.

ENABLE US ALL TO STRATEGIZE IN WAYS THAT WILL ACHIEVE GREAT RESULTS FOR THE RESIDENTS, THE VISITORS, AND THE BUSINESSES OF GRAND PRAIRIE.

WE PLACE THIS MEETING IN YOUR HANDS SO THAT YOU MAY DIRECT US LORD.

AMEN.

GOOD.

I PLED ALLEGIANCE TO THE FLAG, THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS.

ONE NATION UNDER GOD, INVIS WITH LIBERTY AND JUSTICE FOR ALL HONOR, TEXAS WIDE.

I HAVE PLEDGE ALLEGIANCE TO TEXAS.

ONE STATE UNDER GOD, ONE AND INDIVISIBLE.

GET IT HERE, RIGHT.

IN AN EFFORT TO MINIMIZE DISRUPTIONS, THE FOLLOWING MEETING GUIDELINES WILL APPLY.

THE STAFF WILL PRESENT FIRST ON ANY AGENDA ITEM.

FOLLOWING A BRIEF PRESENTATION BY STAFF, APPLICANTS WILL HAVE A COMBINED TOTAL OF 30 MINUTES TO PRESENT.

ONCE THE APPLICANT HAS SPOKEN, EACH MEMBER OF THE PUBLIC WHO FILLS OUT A SPEAKER CARD WILL HAVE FIVE MINUTES TO SPEAK ON THE ITEM.

ADDITIONAL SPEAKING TIME MAY BE ALLOWED AT THE DISCRETION OF THE CHAIRMAN BEFORE SPEAKING.

SPEAKERS SHOULD GIVE THEIR NAME AND ADDRESS FOR THE RECORD ALONG WITH WHOM YOU REPRESENT.

IF APPLICABLE, ANY.

AN INDIVIDUAL WHO WOULD LIKE TO SPEAK ON A TOPIC NOT LISTED ON THE AGENDA, SHOULD SPEAK UNDER THE HEADING OF PUBLIC COMMENTS.

STAFF WILL BE AVAILABLE TO RESPOND TO QUESTIONS FOLLOWING PRESENTATION OF EACH ITEM AT THIS TIME.

CITIZENS MAY SPEAK FOR UP TO FIVE MINUTES ON ANY ITEM, NOT ON THE AGENDA.

DO WE HAVE ANY SPEAKER CARDS FOR CITIZEN COMMENTS? NO.

MATTER FOR CONSIDERATION IS APPROVING THE PUBLIC HEARING CONSENT AGENDA.

THE NEXT

[PUBLIC HEARING CONSENT AGENDA]

COMMISSIONER PEREZ.

MADAM CHAIR, I MAKE A MOTION THAT WE APPROVE THE CONSENT JUDGE ITEM, UH, ITEM ONE, THE APPROVAL OF THE MINUTES FROM AUGUST 28TH.

ITEM TWO PLT DASH 23 DASH EIGHT DASH 0 0 4 3, THE PRELIMINARY PLAT PIVOTAL GRAND PRAIRIE APARTMENTS.

SECOND, WE HAVE A MOTION ON THE FLOOR TO APPROVE THE PUBLIC CONSENT AGENDA BY COMMISSIONER JULIA PEREZ.

AND A SECOND BY COMMISSIONER FRANK GONZALEZ.

ALL IN FAVOR, PLEASE RAISE YOUR HANDS.

MOTION PASSES UNANIMOUSLY.

NEXT ITEM.

I'M SORRY.

WE HAVE, UM, ONE MORE.

COMMISSIONER PEREZ.

MADAM CHAIR, I MAKE A MOTION THAT WE POSTPONE ITEM THREE CPA DASH 23 DASH ZERO SEVEN DASH ZERO FOUR, THE COMPREHENSIVE PLAN AMENDMENT FOR ZEAL AT LAKEVIEW, AS WELL AS ITEM FOUR ZON DASH 23 DASH ZERO SEVEN DASH 0 0 2 8.

THE ZONING CHANGE CONCEPT PLAN FOR ZEAL AT LAKEVIEW.

SECOND, WE HAVE A MOTION ON THE FLOOR TO, UM, TO, UM, POSTPONE MADAM CHAIR BRAIN FREEZE.

CAN WE GET THAT MOTION TO THE DATE SPECIFIC? WE'RE GONNA, WE'RE GONNA GET TO THAT.

SHE'S GONNA GET, OKAY, SHE'S GONNA GET TO THAT.

GO AHEAD, MOVE TO THE DATE OF SEPTEMBER THE 25TH, WHICH IS OUR NEXT PLANNING AND ZONING MEETING.

THANK YOU, COMMISSIONER PEREZ.

COMMISSIONER PEREZ HAS MADE A MOTION TO POSTPONE THE, UM, CASES THREE AND FOUR ON THE, ON THE AGENDA.

AND WE HAVE A, UH, SECOND ON THAT FROM, UH, COMMISSIONER FEDCO.

ALL IN FAVOR, PLEASE RAISE YOUR HAND.

THE POSTPONEMENT, UM, HAS BEEN APPROVED UNANIMOUSLY.

NEXT ITEM.

[5. ZON-23-07-0023 – PD Amendment/Concept Plan – The Square at Mountain View (City Council District 2). Application for an Amendment to PD-16 to adopt a Concept Plan for a retail development on 14.33 acres. Being 14.33 acres out of the Stephen C. O'Gwinn Survey, Abstract No. 1103, J.W.E. Wallace Survey, Abstract No. 1517, and Benjamin F. Smith Survey, Abstract No. 1377, City of Grand Prairie, Dallas County, zoned PD-16, and addressed as 3940, 3948, 3950 and 3956 S. Beltline Rd]

GOOD EVENING COMMISSIONERS.

THE ITEM NUMBER FIVE, UM, ON THE AGENDA FOR TONIGHT IS THE PUBLIC HEARING FOR ZON 23 0 7 0 0 2 3.

THIS IS A PD AMENDMENT TO ADOPT A CONCEPT PLAN.

SO THE CONCEPT PLAN SHOWN HERE IS FOR THE PD 16, PD 16 WAS ORIGINALLY APPROVED WITHOUT ANY CONCEPT PLAN AT THE, AT THE TIME.

SO THE DEVELOPER IS COMING FORWARD TO ADOPT A CONCEPT PLAN.

UM, THEY'RE NOT CHANGING ANY OF THE ZONING, THEY'RE NOT CHANGING ANY OF OTHER DEVELOPMENT RELATED STANDARDS.

THE ONLY THING THEY'RE DOING IS ADOPTING A CONCEPT PLAN, WHICH WILL GUIDE THE FUTURE DEVELOPMENT.

[00:35:01]

THIS ACTUALLY GIVES A VISUAL GUIDE FOR STAFF TO MAKE SURE THE PROPOSED, UM, DEVELOPMENT IS IN ALIGNMENT WITH THE CONCEPT PLAN THAT WAS ADOPTED BY, UH, THE CITY COUNCIL APPROVAL.

SO THIS IS LOCATED AT THE EAST OF BUILT LINE ROAD, AND THIS IT'S ABOUT 14.33 ACRES.

SO WHAT THEY'RE PROPOSING IS A, UH, SPECULATIVE GROCERY STORE IN A 50 EACH CENTER.

THE GROCERY STORE IS INDICATED WITH RED.

THE FITNESS CENTER IS INDICATED AS DARKER BLUE.

UM, THEY'RE HOPING TO HAVE A MULTI-TENANT RETAIL BUILDINGS AT THE FRONT ALONG THE BELTLINE ROAD, AND, UM, WOULD LIKE TO PROPOSE TWO DRIVE RESTAURANTS.

SO THEY ARE COMPLYING WITH THE, UM, DENSITY AND DIMENSIONAL REQUIREMENT AS SHOWN THE CONCEPT ELEVATION OF COURSE, IS GONNA CHANGE WHEN THE DEVELOPMENT COMES IN.

HOWEVER, AT THE TIME THAT THE SITE PLAN IS REVIEWED AND BY STAFF WILL MAKE SURE THAT ALL THE DUDC REQUIREMENTS ARE MET.

AGAIN, THE APPLICANT IS NOT REQUESTING ANY VARIANCES.

UM, I APOLOGIZE.

I OMITTED THE RECOMMENDATION, WHICH WAS ADDED.

ACTUALLY, WE TABLED THIS ITEM FROM THE LAST MEETING.

UM, THIS IS JUST TO KIND OF COVER US BEFORE THE SITE PLAN APPROVAL.

SO THE FIRST ONE IS FROM THE ENGINEERING DEPARTMENT.

SO, UM, AS I INDICATED DURING BRIEFING, THEY DO HAVE A LARGE AREA THAT'S UNDER THE FLOOD PLAINS.

SO ENGINEERING WANTED TO MAKE SURE THAT BEFORE THE SITE PLAN IS COMING FOR YOU FOR APPROVAL, THAT THE UM, APPLICANT WILL, UM, PROVIDE PRELIMINARY DRAINAGE, WATER AND WASTEWATER PLANS AND MEET THE REDUCE SEAL REQUIREMENT.

THIS ALLOWS THE OVERALL DEVELOPMENT TO NOT CREATE ANY DRAINAGE ISSUES, ANY FLOODING ISSUES, AND SO ON AND SO FORTH.

AND THE SECOND ONE IS FROM THE TRANSPORTATION DEPARTMENT.

SO, UM, AS, UM, COMMISSIONER MADAM MENTIONED, UM, THEY CAME TO CITY COUNCIL FOR A DIFFERENT PROPOSAL A FEW MONTHS AGO WHERE THEY WERE PROPOSING LIKE A MULTI-FAMILY COMPONENT ALONG WITH THE, UM, RETAIL COMPONENT, WHICH WAS DENIED AT THAT TIME.

THEY PROVIDED A TA TIA TRANS, UM, TRAFFICKING IMPACT ANALYSIS BASED ON THAT MULTIFAMILY USE.

THEY HAD PROVIDED THE AMENDED ONE TO REFLECT THIS RETAIL USE, WHICH THE TRANSPORTATION HAS REVIEWED AND IS IN THE COMMENTS BACK TOO.

SO THEY DON'T HAVE, THEY DO NOT HAVE ANY ISSUES, BUT THEY JUST WANTED TO MAKE SURE THAT THIS IS INCLUDED SO THAT WE CAN FOLLOW BACK UP WHEN THE SITE PLAN COMES THROUGH, WHICH IS THAT THE APPLICANT SHALL PROVIDE A SECONDARY DECELERATION, WHICH THEY HAVE ADDED TO THE CONCEPT PLAN AFTER THIS COMMENT HAS BEEN MADE.

AND TO PROVIDE US SOME, UH, REVISED TIA FOR THEIR APPROVAL.

SO STAFF HAS NO OTHER, UM, ADDITIONAL CONDITIONS, BUT THIS ACTUALLY HELPS STEPH FEEL COMFORTABLE MOVING THEM FORWARD TO THE SITE PLAN, KNOWING THAT THESE WILL BE ADDRESSED WHEN THE ACTUAL DESIGN HAPPENS.

THIS CONCLUDES STAFF PRESENTATION.

ANY QUESTIONS FOR STEPH AT THIS TIME? COMMISSIONERS, ANY QUESTIONS ON THIS? I THINK THIS WAS PRETTY STRAIGHTFORWARD ON THIS.

MOTION PASSES UNANIMOUSLY.

DO WE HAVE ANY SPEAKER CARDS? NO.

MADAM CHAIR, NO SPEAKER CARDS.

IS THERE ANY DISCUSSION COMMISSIONERS ABOUT THIS? EVERYBODY UNDERSTAND IT? OKAY.

CAN I GET A MOTION? I, UM, MAKE A MOTION THAT WE CLOSE THE PUBLIC HEARING ON ITEM NUMBER FIVE ZON TWO THREE DASH ZERO SEVEN DASH 0 2 3 AND INCLUDE THE DRC RECOMMENDATIONS.

SECOND, WE HAVE A MOTION ON THE FLOOR TO APPROVE.

UM, UH, ITEM FIVE, WHICH IS, UH, CASE NUMBER 23 BY COMMISSIONER MADDEN.

SECOND BY COMMISSIONER PEREZ.

ALL IN FAVOR, PLEASE RAISE YOUR HANDS.

NEXT CASE.

GOOD

[6. SUP-23-08-0028 - Specific Use Permit - Mickey’s Sports Bar and Grill (City Council District 2). Specific Use Permit for a Restaurant (W/ Alcohol Sales Including Entertainment). Lot 3R, Block 1, Carrier Crossland Addition, City of Grand Prairie, Dallas County, Texas, zoned General Retail, and addressed as 3758 S Carrier Pkwy]

EVENING COMMISSIONERS.

THIS NEXT ITEM IS A SPECIFIC USE PERMIT FOR MICKEY'S SPORTS BAR AND GRILL.

THE PROPOSED OR THE EXISTING LOCATION IS PART OF THE RETAIL STRIP CENTER.

THAT LOCATION IS OUTLINED IN YELLOW ON THE SCREEN.

THE REQUEST IS TO OBTAIN AUTHORIZATION FOR OPERATING A RESTAURANT WITH ALCOHOL SALES, INCLUDING ENTERTAINMENT.

SO AGAIN, IT'S IN AN EXISTING RETAIL STRIP CENTER.

IT'S LOCATED AT 37 58 SOUTH CARRIER PARKWAY.

SO AGAIN, THIS SUP WILL AUTHORIZE THIS PARTICULAR USE, AND THAT INCLUDES ENTERTAINMENT FACILITIES, WHICH MEANS ANY AREA DESIGNATED ON AN INTERIOR FLOOR PLAN FOR USES OR USE OTHER THAN DINING, WHICH MAY INCLUDE BUT NOT LIMITED TO, DANCE FLOOR STAGES, POOL TABLES, VIDEO GAMES, ENTERTAINMENT, AMUSEMENT DEVICES, DISC JOCKEY BOOTHS, AND OTHER SIMILAR LIVE ENTERTAINMENT FACILITIES.

ON THE SCREEN, YOU CAN SEE THE LOCATION AND THE SURROUNDING ZONING.

WE'LL POINT OUT THAT IMMEDIATELY TO THE WEST IS AN EXISTING SINGLE FAMILY RESIDENTIAL NEIGHBORHOOD.

SO THIS REQUEST BEFORE YOU TONIGHT FOR THAT SUP, UH, IS THE OUTCOME OF AN INVESTIGATION.

BUT THE CITY THAT FOUND MICKEY'S SPORTS BAR AND GRILL WAS OPERATING WITHOUT A VALID CERTIFICATE OF OCCUPANCY AND AS A RESTAURANT WITH ALCOHOL SALES, INCLUDING ENTERTAINMENT, WHICH REQUIRES CITY COUNCIL APPROVAL OF AN SUP.

SO A STANDALONE RESTAURANT IS ALLOWED BY WRIGHT, BUT A RESTAURANT WITH ALCOHOL

[00:40:01]

SALES INCLUDING ENTERTAINMENT, REQUIRES THAT SUP.

SO THE CITY BEGAN AN INVESTIGATION AFTER WE RECEIVED CITIZEN COMPLAINTS, AND THROUGH THAT INVESTIGATION, KIND OF PIECED TOGETHER THIS HISTORY, WHICH I'LL RUN THROUGH.

IN 2013, THE CITY ISSUED THE ORIGINAL CERTIFICATE OF OCCUPANCY.

IN 2015, THE NEW OWNERS APPLIED FOR A NEW COO, WHICH IS REQUIRED WHEN THERE'S A CHANGE OF OWNERSHIP OR A CHANGE OF NAME, CHANGE OF USE.

AT THAT TIME, IT DID NOT PASS THE FINAL INSPECTIONS AND THE CITY ISSUED A TEMPORARY COO, WHICH HAS EXPIRED.

AND SINCE THAT TIME, THE LOCATION HAS OPERATED WITHOUT A VALID CERTIFICATE OF OCCUPANCY.

IN 2023, THE CITY OF GRAND PRAIRIE BEGAN INVESTIGATING THIS LOCATION AFTER RECEIVING CITIZEN COMPLAINTS.

AFTER CODE COMPLIANCE ISSUED A NOTICE OF VIOLATION FOR OPERATING WITHOUT A COO, THE OWNER APPLIED FOR ONE.

AND DURING THE REVIEW OF THAT REQUEST FOR A COO PLANNING DIVISION DETERMINED THAT BASED ON THEIR OPERATIONS, THE USE WAS NOT A RESTAURANT, BUT A RESTAURANT WITH ALCOHOL SALES, INCLUDING ENTERTAINMENT.

AND THAT REQUIRES THE CITY COUNCIL APPROVAL OF AN SUP.

SO ON AUGUST 2ND, THE BUSINESS OWNER APPLIED FOR AN SUP AND STARTED THAT SUP PROCESS.

THE, UH, BUSINESS OWNERS OPERATIONAL PLAN STATES THAT MICKEY'S IS A FULL SERVICE RESTAURANT IN WHICH CUSTOMERS CAN EAT, DRINK, AND SOCIALIZE WHILE WATCHING THE LATEST TELEVISED SPORTS EVENTS.

THEIR HOURS OF OPERATION BEGAN AT 4:00 PM AND ON SUNDAY THROUGH THURSDAY, THAT EXTENDS TO 12:00 AM ON FRIDAY AND SATURDAY, THOSE HOURS EXTEND TO 2:00 AM THE PLAN STATES THAT THE RESTAURANTS EQUIPPED WITH SECURITY CAMERAS AND THAT LICENSED SECURITY OFFICERS WILL BE ON SITE DURING PEAK HOURS.

THEIR OPERATIONS INCLUDE A LIVE ENTERTAINMENT COMPONENT, WHICH AGAIN, IS WHAT IS TRIGGERING THIS SUP REQUEST.

THEY DO HAVE A BILLIARDS TABLE.

AND THROUGHOUT THE LO UH, THE INVESTIGATION, WE FOUND THAT THE LOCATION ROUTINELY HAS DJS PERFORM LIVE MUSIC AND THAT A PORTION OF THE SPACE IS USED AS A DANCE FLOOR.

UH, SO DURING THE SUP REVIEW PROCESS, STAFF HAS REQUESTED ADDITIONAL INFORMATION REGARDING THE OPERATIONS OF THE LIVE MUSIC AND THE DANCE FLOOR, BUT THE APPLICANT HAS NOT RESPONDED TO THOSE REQUESTS.

I WILL NOTE THAT THE PUBLIC HEALTH AND ENVIRONMENTAL QUALITY ALSO REQUESTED A NOISE STUDY DURING THE SUP REVIEW PROCESS.

UM, SO SOME OF THE ANALYSIS THAT STAFF PUT TOGETHER ON THIS LOCATION AND THE INVESTIGATION WAS REALLY LED BY THE GRAND PRAIRIE POLICE DEPARTMENT AND THE PUBLIC HEALTH AND ENVIRONMENTAL QUALITY.

UH, AND SINCE JANUARY OF 2022, THE POLICE DEPARTMENT HAS RESPONDED TO 124 CALLS FOR SERVICE REGARDING THIS LOCATION.

AND THOSE CALLS WERE RELATED TO ALCOHOL, UNRULY PATRONS DISTURBANCES, AND NOISE.

47 OF THOSE CALLS WERE THE RESULT OF NOISE COMPLAINTS FROM NEIGHBORS.

AND GIVEN THE NUMBER OF NOISE COMPLAINTS, THE PUBLIC HEALTH AND ENVIRONMENTAL QUALITY DEPARTMENT REQUESTED A NOISE STUDY A COUPLE TIMES, AND THEN AGAIN DURING THE REVIEW OF THE SUP.

AND THE OWNER HAS NOT RESPONDED TO THE REQUESTS FOR A NOISE STUDY.

THE THE VALUE OF THE NOISE STUDY AND IT, IT WILL TELL STAFF, IS THAT IT'LL MEASURE THE SOUND GENERATED BY THE DJS, THE LIVE MUSIC AND DETERMINE IF IT FALLS WITHIN THE DECIBEL LEVELS.

THAT'S ALLOWED BY THE GRAND PRAIRIE CODE OF ORDINANCES.

UH, SO WITHOUT THE STUDY STAFF'S UNABLE TO DETERMINE IF THE CURRENT OPERATIONS COMPLY WITH CITY CODES, PUBLIC HEALTH AND ENVIRONMENTAL QUALITY HAS ISSUED 11 CITATIONS THIS YEAR FOR VIOLATIONS TO THE HEALTH CODE.

TWO OF THOSE ARE RELATED TO THE ENTERTAINMENT COMPONENT AND THE NOISE ISSUES.

UH, THE VIOLATIONS ARE A FAILURE TO PROVIDE A VALID DANCE FLOOR PERMIT AND FAILURE TO KEEP THE BACK DOOR CLOSED WHEN NOT IN USE.

AS PART OF THE PROCESS FOR ANY SUP REQUEST.

STAFF PROVIDES NOTICE IN THE FORT WORTH STAR TELEGRAM AND SENDS PROPERTY OWNER NOTIFICATION LETTERS TO PROPERTIES THAT ARE LOCATED WITHIN 300 FEET OF THAT LOCATION.

FOR THIS REQUEST, WE SENT OUT 51 LETTERS, AND THE APP ON THE SCREEN SHOWS THE LOCATION OUTLINED IN BLUE.

UH, WE DID NOT RECEIVE ANY LETTERS IN SUPPORT.

WE RECEIVED 10 LETTERS IN OPPOSITION.

UH, SO SOME OF THOSE LETTERS CAME IN AFTER THE PAP WAS PUBLISHED.

UH, AND FIVE OF THOSE 10 LOCATIONS IN OPPOSITION ARE SHOWN ON THE MAP AND ARE IMMEDIATELY WEST OF THE PROPERTY.

ONE OF THE LETTERS OF OPPOSITION WAS FROM THE GRAND PRAIRIE POLICE DEPARTMENT, AND WE DO HAVE REPRESENTATIVES FROM THE POLICE DEPARTMENT AS WELL AS PUBLIC HEALTH AND ENVIRONMENTAL QUALITY DEPARTMENT TO ANSWER ANY TECHNICAL QUESTIONS RELATED TO THEIR AREAS OF EXPERTISE.

OF THE ADDITIONAL LETTERS WE RECEIVED, UM, ONE COMPLAINED ABOUT NOISE SIMILAR TO THE OTHER LETTERS THAT WERE INCLUDED IN THE PACKET.

STAFF'S UNABLE TO RECOMMEND APPROVAL OF THIS REQUEST GIVEN THE ISSUES OUTLINED IN THE STAFF REPORT.

THE APPLICANT'S FAILED TO RESPOND TO REPEATED REQUESTS FOR NOISE STUDIES, ADDITIONAL INFORMATION REGARDING THE ENTERTAINMENT RELATED OPERATIONS, AND A PLAN TO RESOLVE THE ONGOING ISSUES WITH NOISE, COMPLAINT, NOISE COMPLAINTS, PARKING AND ALCOHOL SALES.

AND HOWEVER, SHOULD THE PLANNING AND ZONING

[00:45:01]

COMMISSION RECOMMEND APPROVAL OF THIS REQUEST, STAFF RECOMMENDS THE FOLLOWING CONDITIONS.

NUMBER ONE, THE APPLICANT SHALL SUBMIT A NOISE STUDY TO THE PUBLIC HEALTH AND ENVIRONMENTAL QUALITY DEPARTMENT FOR REVIEW AND APPROVAL PRIOR TO THE ISSUANCE OF A COO AMPLIFIED SOUND SHALL BE CONTAINED WITHIN THE BUILDING STRUCTURE AND SHALL NOT BE ALLOWED IN AREAS EXTERNAL TO THE BUILDING, WHICH INCLUDES THE PARKING LOT THE APPLICANT SHALL APPLY FOR AND OBTAIN A VALID DANCE FLOOR PERMIT.

PRIOR TO THE ISSUANCE OF A COO, THE APPLICANT SHALL PROVIDE SALES RECEIPTS FOR THE LAST 18 MONTHS OF OPERATION DEPICTING THE BREAKDOWN BETWEEN FOOD AND ALCOHOL SALES.

ALCOHOL SALES SHALL ACCOUNT FOR LESS THAN 75% OF TOTAL SALES.

A RESTAURANT WITH EQUAL TO OR EXCEEDING 75% ALCOHOL SALES IS NOT ALLOWED IN THE GENERAL RETAIL ZONING DISTRICT AND IS PROHIBITED AT THAT AT THIS LOCATION.

SECURITY MUST BE PROVIDED BY AN INDIVIDUAL QUALIFIED UNDER CHAPTER 1702 OF THE TEXAS OCCUPATIONS CODE.

THE INDIVIDUAL MUST BE PRESENT BEGINNING AT 8:00 PM UNTIL AT LEAST ONE HOUR AFTER CLOSING.

THAT INDIVIDUAL SHALL ENSURE THE ORDERLY DEPARTURE OF GUESTS MONITOR THE PARKING AREAS AND MITIGATE ANY NOISE AND ALCOHOL ISSUES.

HOURS OF OPERATION SHALL NOT EXTEND BEYOND 12:00 AM AND THE FACILITY SHALL NOT BE USED FOR SINGLE ADMISSION TYPE EVENTS INVOLVING A COVER CHARGE, ENTRANCE FEE.

THE OPERATION OF THE FACILITY SHALL BE IN STRICT COMPLIANCE WITH ALL APPLICABLE LAWS AND REQUIREMENTS OF PUBLIC HEALTH AND ENVIRONMENTAL QUALITY BUILDING INSPECTIONS, POLICE DEPARTMENT AND FIRE ADMINISTRATION AND CITY COUNCIL SHALL CONDUCT A PUBLIC HEARING SIX MONTHS AFTER THIS ISSUANCE OF A COO TO CONFIRM COMPLIANCE WITH ALL APPLICABLE CODES AND THE SUP ORDINANCE.

THIS CONCLUDES STAFF'S PRESENTATION.

I CAN ANSWER QUESTIONS AT THIS TIME.

MR. MADDEN.

SO YOU MENTIONED THAT THERE WERE 11, UM, PUBLIC HEALTH AND ENVIRONMENTAL QUALITY TICKETS OR ISSUES.

SO TWO OF THEM WERE ABOUT SOUND AND STUFF.

I THINK THE REST WERE ABOUT FOOD HANDLING.

CORRECT.

SO OF THEY WERE RELATED TO MORE RESTAURANT ONLY TYPE, RESTAURANT RELATED OKAY.

VIOLATIONS.

THE TWO THAT I LISTED WERE MORE RELATED TO THE ENTERTAINMENT OKAY.

COMPONENT AND THE NOISE ISSUE ALSO.

THANK YOU SO MUCH.

AND THEN ALSO, UM, SO THEY, THEY DON'T CURRENTLY HAVE SECURITY OR THEY DO HAVE SECURITY.

SO I, I THINK SOME OF THE REPORTS WERE THAT SECURITY WAS PUNCHED IN THE FACE, BUT I JUST WANNA MAKE SURE, I BELIEVE THEY HAVE HAD SECURITY.

I DON'T KNOW IF IT'S WHAT TYPE EVERY DAY, HOW, HOW FREQUENTLY IN, IN THE HOURS.

UM, THE POLICE DEPARTMENT MIGHT HAVE SOME ADDITIONAL, UM, INFORMATION ON THAT.

AND THEN THEY MENTIONED PEAK HOURS.

DO YOU KNOW WHAT THOSE ARE SUPPOSED TO BE OR SHOULD I WAIT TO TALK TO THE, THE APPLICANT? WILL APPLICANT BE ABLE TO PROVIDE WHAT THEY MEAN BY PEAK HOURS? UM, BUT AGAIN, STAFF'S RECOMMENDING AT LEAST EIGHT TO ONE HOUR AFTER CLOSING.

AND THEN I WAS ALSO WONDERING, HAVE THE, UM, OWNERS BEEN PRESENTED WITH THE DRC RECOMMENDATIONS AND WERE THERE ANY COMMENTS SO FAR FROM THEM? IF SO, THE PROPERTY OWNER OR THE BUSINESS OWNER? THE BUSINESS OWNER, THE, THEY WERE SENT THE LINK TO THE, THE PACKET ON FRIDAY.

THANK YOU COMMISSIONERS.

ANY OTHER QUESTIONS? UH, COMMISSIONER DARCO SAVANNAH, WHEN YOU TALKED ABOUT THE REQUEST FOR THE NOYCE STUDY? YES, SIR.

AND THEY'VE BEEN NON-RESPONSIVE BY THAT DO YOU MEAN THEY COULDN'T GET A CONSULTANT OR THEY JUST GONE RADIO SILENCE ON YOU FROM THE REQUEST MADE DURING THE SUP PROCESS? THERE WAS NO RESPONSE.

UH, I, NO ENVIRONMENT, PUBLIC HEALTH AND ENVIRONMENTAL QUALITY MADE THE REQUEST TWO SEPARATE TIMES OUTSIDE OF THAT SUP PROCESS.

I, I DON'T KNOW WHAT THE RESPONSE WAS, BUT I DON'T BELIEVE THERE WAS ONE.

TO FOLLOW UP WITH THAT 'CAUSE UH, COMMISSIONER FOR DARCO AND, UH, COMMISSIONER MADDEN BRING GOOD POINTS ABOUT THIS CASE, BUT IS THERE ANYTHING IN WRITING ADDRESSED BACK TO YOU FROM ALL OF THE REACH OUTS THAT Y'ALL DID? DID THEY EVER SEND ANY EMAIL OR ANYTHING IN WRITING? I KNOW YOU DIDN'T TALK TO THEM VERBALLY, BUT IS THERE ANYTHING IN WRITING? SO ANY RESPONSE TO THE COMMENTS? YES, IN RESPONSE TO THE NO RESPONSE TO THE COMMENTS, EITHER THROUGH OUR CUSTOMER SELF-SERVICE PORTAL ONLINE OR THROUGH EMAIL, I DID VERIFY WITH THE BUSINESS OWNER VIA EMAIL THAT HE'LL BE IN ATTENDANCE IN TONIGHT'S MEETING.

YEP.

ANY OTHER QUESTIONS? I THINK THAT'S, UH, I DON'T UNDERSTAND THAT, BUT MAYBE HE'LL BE ABLE TO EXPLAIN THAT TO US.

ANY OTHER QUESTIONS? YES.

SAVANNAH.

THE APPLICANT IS HERE? UH, YES.

THE APPLICANT IS HERE.

UH, PHILLIP MADISON.

MR. MADISON? YES.

CAN YOU PLEASE COME UP? YES.

MANAGER COME UP TOO? UH, WELL JUST, WE YOU COULD DO ONE AND THEN SHE CAN COME WITH, SHE CAN COME WITH YOU.

1610 HILL STREET, GRAND PRAIRIE, TEXAS 7 5 0 7 5 0 5 0 7 5 0 5 0

YEAH, BOTH PUT SAY YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE.

PHILLIP MADISON.

[00:50:02]

AND YOUR NAME MA'AM? I'M KATINA THOMAS.

AND MY ADDRESS 1610 HILL STREET, GRAND PRAIRIE, TEXAS 7 5 0.

FIVE ZERO.

YOU KNOW, WE'LL DO WHATEVER THEY'RE SAYING TO DO BECAUSE YOU KNOW, WE LOVE THIS.

SO WOULD YOU LIKE TO JUST GIVE US A STATEMENT ABOUT WHAT'S GOING ON HERE AND BRING US UP TO DATE, UM, ABOUT WHY YOU HAVEN'T COMPLIED WITH ANY, HAVEN'T COMPLIED WITH, UH, THE, THE, UH, STUDIES.

I, I CAN, I GIVE, I'M, I JUST BECAME MANAGER THERE THIS YEAR, YEAR 2023.

AND SO AS FAR AS WE HAVE, UM, EMAIL CORRESPONDENCE WITH SAVANNAH, SHE ASKED FOR A NOISE AND IT WAS LIKE $6,400.

AND A GUY, EVERY TIME WE'LL CALL THE, FOR HIM TO COME OUT, HE WAS LIKE, TELL ME EXACTLY WHAT WE NEED.

AND WE JUST TELL HIM WE NEED A NOISE.

SENATOR SAYING THAT WE HAVE THE MUSIC TOO LOUD.

BUT WHAT I WANNA GO BACK, UM, IF YOU ALL DON'T MIND, LIKE, JUST TO GIVE A BRIEF HISTORY OF MICKEY'S, UM, FIRST I'LL SAY MICKEY'S SPORTS BOARD HAS BEEN HERE SINCE 2013.

IT'LL BE 10 YEARS IN NOVEMBER.

NOW I'M JUST HEARING ABOUT ALL THE COMPLAINTS.

WELL, THEY'RE SAYING, BUT THE, NO ONE NEVER COMPLAINED ABOUT MICKEY.

IT, WELL IT HAS BEEN A DJ IN THERE BECAUSE, YOU KNOW, YOU HAVE SPORTS, UM, PEOPLE HAVE THE, THE DJ GOING, WE DO NOT HAVE A DANCE FLOOR.

WHAT'S HAPPENING IS THAT IN OUR CULTURE, WHEN PEOPLE HEAR THEM USING A GAME, THEY DO DANCE.

THEY'RE EATING, THEY'RE DANCING AT THE TABLES.

AND UM, SO IF YOU EVER COME IN THERE, YOU'LL SEE THERE'S A SPACE.

IT'S NOT FOR A DANCE FLOOR.

WHEN COVID HAPPENED, UH, WE HAD TO MOVE TABLES BACK.

'CAUSE THE WAY THE BAR IS MADE, IT WAS TOO MANY PEOPLE AND IT WAS CONGESTED.

SO THEY, THEY MOVE THE TABLES BACK OR WHATEVER SO THEY CAN HAVE THE TRAFFIC.

THEY KEEP UP WITH COVID.

SO NOW THE CUSTOMERS WANT OPEN SPACE.

THEY'RE GONNA GET FROM THEIR TABLE, THEY'RE GOING TO DANCE.

IT IS NEVER BEEN A DANCE HALL.

IT'S ALWAYS BEEN A SPORTS BAR WITH, YOU KNOW, THE POOL TABLE.

AND EVERYBODY COME OUT A PA, WE'RE A PART OF THE A PA ASSOCIATION.

THEY, EVERY TUESDAY, DIFFERENT LEADS COME PLAY THERE.

UM, I, I'M THINKING, THIS IS WHAT I'M BELIEVING WHAT HAS HAPPENED.

UM, WE WERE IN A COURT CASE AGAINST THE, UM, THE OWNER OF THE STRIP MALL.

AND WE WON THE COURT CASE.

THEY WERE TRYING TO EVICT US.

AND AS SOON AS THAT HAPPENED, THIS STARTED BACK, UM, LAST YEAR.

UM, I BELIEVE IT WAS SEPTEMBER OF LAST YEAR.

SO THEY KEPT TRYING TO EVICT OR WHATEVER.

WE WON THE COURT CASE.

AS SOON AS THAT HAPPENED, WE FOUND OUT THAT THERE WAS NO CO SINCE 2015 IS WHEN PHILLIP TOOK OVER.

AND WHEN, UH, WE WAS LIKE, SO THEY, THEY SENT THE HEALTH DEPARTMENT BECAUSE ALL OF A SUDDEN PEOPLE CALLING AFTER THIS COURT CASE, WHICH WE WANT IN APRIL, HERE COME MAY, THEY COME TO CLOSE DOWN BECAUSE THEY SAID THAT, UM, THE GREASE TRAP, 'CAUSE HE WOULD HAVE THE DOOR OPEN BECAUSE IT WAS WAITING TO GET THE GREASE TRAP FIXED OR WHATEVER.

AND THEN, YOU KNOW, WE'RE BEHIND ON A LOT OF STUFF AND TRYING TO SAVE THE BUSINESS.

SO THINGS DIDN'T GET DONE.

SO WHEN WE WON, THEY STARTED FIGHTING AGAINST US.

SO I GUESS THE CO COME UP, HOW DO YOU GO, HOW MANY YEARS WAS 2015? 2023? YOU DON'T HAVE A CO.

AND THEY SAID IT WAS EXPIRED.

NO ONE SAID ANYTHING UNTIL WE LOST THE COURT CASE.

SO WE WENT TRYING IN AUGUST WHEN WE FOUND OUT.

'CAUSE THAT'S WHEN WE FOUND OUT, WE APPLIED.

AND THEN I SAYING, WELL YOU ARE NIGHT, YOU A CLUB, YOU DANCE.

WE'RE NOT A CLUB.

WE ARE A FULL SERVICE RESTAURANT THAT SERVE ALCOHOL.

AND THE COMMUNITY COMES, THE COMMUNITY ALWAYS COME.

IT'S JUST THAT THIS BIG OLD THING WITH THE CASE AND EVERYONE UPSET.

AND PHIL HAS WORKED SO HARD, UM, FOR 10 YEARS AS A SMALL BLACK BUSINESS OWNER TO KEEP THIS BUSINESS GOING.

UM, WHEN YOU HEAR MUSIC, I RECORD IT WHERE PEOPLE COME THROUGH WITH THEIR MOTORCYCLES OR TO LITTLE THREE WHEELERS AND THEY HAVE LIVE MUSIC AND THOSE HOUSES BACK THERE, OF COURSE THEY THINK IT'S FROM THE, UH, THE BAR, BUT IT IS NOT BECAUSE YOU DON'T HEAR THE MUSIC OUTSIDE THE BAR.

I EVEN DRIVE BEHIND AND GO TO THAT STREET BEHIND.

IT'S LIKE 37, 42, 37 SOMETHING ELSE.

40, 47, 47.

I, I SIT IN THE TRUCK, I'VE WALKED AND I STAND.

I TELL THEM, TURN THE MUSIC AS LOUD AS YOU CAN.

I HEAR NOTHING.

SO WHAT I'M THINKING IT IS, I, THE MANAGER, I UM, OF THAT PROPERTY, SHE CALLED ONE OF THE, UM, THEY HAD A MEETING LAST NIGHT AND SHE'LL CALL THEM AND SAY, DID YOU, DID YOU DO THIS? DID YOU DO THAT? BECAUSE I KNOW I'M GOING ALL THE PLACE.

BUT A NEIGHBOR WROTE US A LETTER JULY THE 10TH, HE'S SO SCARED TO SAY ANYTHING.

AND I WIPED HIS SIGNATURE OUT AND HE TELLS US STUFF AND THE MAN IS SO SCARED 'CAUSE HE THINK THEY'RE GONNA RETALIATE AGAINST HIM.

AND HE, HE'S TELLING US WHAT THEY'RE DOING AND HE SAID, THEY WANT YOU ALL OUT THE PROPERTY BECAUSE THE PEOPLE DOWN, THE, THE OTHER POLICE, THEY WANT OUR SPACE.

AND SO NOW THEY'RE UPSET.

YOU LOST A COURT CASE.

AND HE WROTE A LETTER AND I HAVE THE LETTER THAT HE WROTE IT.

HE SIGNED BY WHITE HIS NAME OUT IN CASE SOMEBODY WAS HERE AND DIDN'T WANT NOBODY TO SEE HIM.

AND THIS, THIS IS HOW BIG THIS IS AND I JUST DON'T BELIEVE,

[00:55:01]

WE LOVE THE BAR.

THE PEOPLE LOVE THE BAR.

WE DON'T HAVE TO HAVE A DJ, WE DON'T HAVE TO HAVE THAT.

IT'S JUST SOMETHING OUR CULTURE HAVE.

YOU KNOW, THE DALLAS COWBOYS WITH DALLAS COWBOY FANS AND EVERYBODY WANNA HEAR THE MUSIC WHEN THEY BAKE A TOUCHDOWN.

BUT WE HAVE TO GET RID OF THAT.

WE WILL BECAUSE WE'VE ALWAYS HAD A DJ, WE'VE NEVER HAD NO, EVERYBODY ALWAYS DANCE AT THEIR TABLE.

OF COURSE, BUT WE'LL GET RID OF THAT.

IT'S LIKE WHATEVER HAS TO DO SO THAT MICKEY'S CAN GET IT SPECIFIC.

LET, LET, LET'S GET BACK TO, OKAY, I'M SORRY, .

NOW YOU'VE SAID QUITE A BIT, MR. MADISON, WHAT DO YOU SAY? BECAUSE YOU'RE THE, THE CHARGE PERSON HERE? YES.

UM, IN REGARDS TO THE NOISE STUDY, I AM NOT SURE EXACTLY WHICH PERSON I RESPONDED TO.

'CAUSE I WAS TALKING TO A FEW PEOPLE THROUGH EMAILS, BUT IT'S, I'LL HAVE TO FIND IT.

I COULDN'T FIND IT RIGHT THEN.

BUT EITHER CHARLENE RU BRITTANY BOO OR MELINDA BURTON AND UH, WHAT'S THE OTHER MAN NAME? UH, JEFF.

JEFF BABIN.

JEFF BABIN PROBABLY.

WERE THESE VERBAL VERBAL CONVERSATIONS OR THESE ARE EMAILS? THERE'S NO EMAILS.

YOU HAVE EMAILS AND YOU EMAILS.

HAVE YOU TRIED TO, UH, SHOW THOSE EMAILS TO THE PLANNING DEPARTMENT? WHICH, WHICH HAVE YOU? I MEAN, BECAUSE THE PROBLEM IS, IS THAT THERE HAS BEEN, THEY HAVE NOT HEARD FROM YOU GUYS.

SO THERE HAS BEEN NO COMMUNICATION.

SO THERE'S BEEN NO COMMUNICATION THEN, YOU KNOW, THERE SHOULD BE A BACK AND FORTH UNTIL WE GET EVERYTHING CLEANED UP.

AND IT LOOKS LIKE THAT HASN'T HAPPENED.

AND MAYBE, UH, I DON'T KNOW, MAYBE Y'ALL TALKING TO DIFFERENT PEOPLE.

I'M NOT SURE.

AND THEN TOO, ALSO IN REGARDS TO THE NOISE STUDY, WHEN I ASKED THEM, THEY REALLY DON'T GIVE ME ANY ADVICE.

JUST GO GET A NOISE STUDY.

WHENEVER I CALL PEOPLE, THEY'RE LIKE, THIS IS FOR, SO WHAT YOU'RE SAYING IS THAT THE, THERE'S A STRIP MM-HMM .

AND THEN YOU ARE JUST, UH, TAKE A, YOU ARE RENTING, UH, YOU'RE RENTING THE, UH, THE RESTAURANT.

SO YOU HAVE SOMEBODY ELSE THAT YOU REPORT TO.

SO THERE'S A BREAKDOWN IN COMMUNICATION BETWEEN THE ACTUAL OWNERS AND, AND, AND, AND THE RESTAURANT.

NO MA'AM.

I THINK HE'S SAYING, HE'S ASKED QUESTIONS TO STAFF OF WHAT IS THE NOISE STUDY.

AND THE STAFF HAS EXPLAINED YOU NEED TO JUST GO HIRE A CONSULTANT TO GET A NOISE STUDY.

WE CAN'T EXPLAIN WHAT THE DETAILS OF NOISE STUDY 'CAUSE WE'RE NOT THAT.

SO IN REGARDS TO RESPONDING TO THE REQUEST FROM, UM, ENVIRONMENTAL AND THE POLICE, THESE ARE PART OF THE SUP REVIEW.

THEY'RE ON THE SUP REVIEW, THE DRC STAFF.

SO THOSE QUESTIONS, THAT INFORMATION SHOULD HAVE JUST BEEN FORWARDED THROUGH THAT PROCESS.

THAT WAS THE NO RESPONSE THAT WE ARE TALKING ABOUT.

THERE WAS NO ACTUAL SUBMITTAL.

NO, I'M NOT GOING TO DO IT.

NO, I'M GOING TO DO IT.

SO THAT'S, THAT'S MY UNDERSTANDING UM, I LIKE IT.

SO I KNOW WE, HE'S TALKING ABOUT WE HAVE TO GO, WE HAVE TO GO ON THERE.

AND WHEN WE WAS TRYING TO TELL THEM, YOU KNOW, HOW WE WAS PUT THOSE BLOCKS AND WE HAVE TO CALL SAVANNAH, WHAT WAS THAT OTHER LADY NAMED THAT WALK US THROUGH? AND SO WHAT HAPPENED, WE WAS, YOU CAN'T LEAVE A MESSAGE IN THE, IN THERE 'CAUSE WE'LL CALL HER, BUT YOU CAN'T LEAVE A MESSAGE IN THE PORTAL.

AND, AND THAT'S WHAT IT JUST TELLS YOU.

AND THEN WE'LL CLICK IT, UM, AND SUBMIT IT.

BUT I KNOW EXACTLY WHAT YOU'RE TALKING ABOUT.

BUT WE WAS TALKING TO SAVANNAH AND THE BRITTANY LADY ON THE PHONE BECAUSE I'LL HAVE TO CALL AND THEY'LL WALK US THROUGH HOW YOU PUT, SO WE HAVE BEEN COMMUNICATING HOW TO SUBMIT.

BUT WE DIDN'T KNOW.

BUT SINCE THEN THERE'S BEEN NO, YEAH, THAT'S, IT'S QUITE A BIT OF TIME IN BETWEEN THE REQUEST.

WHEN THE LAST TIME YOU, WELL, EXCEPT IT, IT WAS IN AUGUST.

WE JUST, I JUST SAW YOU HAD TO BE PHONE YOUR EMAIL.

WE SPOKE WITH HER.

BUT TECHNICALLY YOU'VE BEEN OUTTA COMPLIANCE SINCE 2015.

TECHNICALLY NO.

AND NO ONE TOLD US UNTIL.

BUT YOU DIDN'T KNOW.

IN CORRESPONDENCE TRYING TO GET THE NOISE STUDY AND OTHER THINGS REQUESTED THAT THEY HAD.

NO ONE TOLD US ANYTHING.

LIKE TO NOW TO THE, AFTER THE CASE WAS ONE, NOW ALL OF A SUDDEN YOU'RE NOT LIKE, HOW YOU LET US GO THAT MANY YEARS AND NOT SAY ANYTHING? AND, AND THEN ALSO TO ADD THOSE COMPLAINTS, IF YOU LOOK BACK IN YOUR RECORDS, ALL THOSE COMPLAINTS THAT PROBABLY STARTED COMING IN IS SOME NEIGHBORS, SOME PEOPLE MOVED IN ON THE STREET BEHIND US AND THEY CAME IN ONE DAY AND VOICED THEIR OPINION THAT THEY CAN'T ENJOY THEIR, UH, NEW HOUSE BECAUSE OF THE, IT'S WHATEVER EXPLICATIVE WITH MUSIC THAT WERE PLAYING AND WALKED OUT.

AND EVER SINCE THEN, IF YOU LOOK AT THE RECORD, THAT'S WHEN MOST OF THE COMPLAINTS HAVE JUST BEEN CALLING IN.

SOME OF THE COMPLAINTS MAY HAVE EVEN BEEN CALLED IN ON A TUESDAY.

I'M NOT EVEN OPEN ON TUESDAYS.

AND THEY'LL CALL AND SAY IT'S A NOISE COMPLAINT ON ME THAT, THAT, YOU KNOW, THAT I'M OPEN.

IF YOU LOOK IN THE RECORD ANY TUESDAY I'M NOT OPEN.

SO IT SHOULDN'T BE ANY, YOU KNOW, NOISE COMPLAINTS ON, ON TUESDAYS.

AND THEN, UM, THEY WERE SAYING THAT THERE WAS NO ONE, NO LETTERS OR ANYTHING FROM ANYONE ELSE.

THIS SAME LETTER THAT WE GOT, IT WAS SUBMITTED TO THE CODE COMPLIANCE.

I WAS TOLD THAT THERE WAS SUBMITTED TO CODE COMPLIANCE THAT WAS SAYING THAT WHENEVER I WAS SHUT DOWN IN JUNE, UH, JUNE 9TH, I BELIEVE THE DATE WAS, THEY CAME IN AND SHUT ME DOWN FOR A WEEK.

'CAUSE I WAS OUTTA CODE COMPLIANCE.

I WAS SHUT DOWN FOR A WEEK, THEY LET ME ON JUNE 16TH, I OPENED BACK UP.

I HAD COMPLIED WITH THE MAJORITY OF THE THINGS ON THERE.

I, THEY SIGNED OFF FOR ME TO OPEN BACK UP.

AND LIKE I SAY, AND THEN SINCE THEN WE'VE JUST BEEN, YOU KNOW,

[01:00:01]

AND THE DANCE FLOOR, WHEN COVID CAME, I HAD TO REMOVE TABLES TO MEET THE OCCUPANCY.

SO I REMOVED TABLES.

SO THAT CREATED MORE SPACE IN THE LAYOUT OF THE FLOOR.

AND THEY'RE SAYING I HAVE A DANCE FLOOR, WHICH I DO NOT.

WELL, I'M PRETTY SURE THE OTHER COMMISSIONERS HAVE WOULD, WOULD LIKE TO, TO SPEAK.

SO I'LL LET THEM SPEAK.

COMMISSIONER MADDEN.

HI.

SO PHIL, IS THAT RIGHT? YES, MA'AM.

SO WERE YOU THE PERSON WHO OPENED THE BUSINESS OR, UM, STARTED IT AGAIN IN 2015? YES, MA'AM.

SO THAT MEANT THAT YOU WOULD'VE BEEN THE APPLICANT FOR THE CO AT THE TIME? YES, MA'AM.

SO YOU KNEW IT WAS A TEMPORARY CO UH, WELL, WHEN WE FIRST IT WAS FIVE GUYS IN 2013 WHEN IT FIRST OPENED, IT WAS FIVE PEOPLE.

AND THEN IN 2015 IT DI DOWN TO THREE.

ONE OF THEM HAS PASSED NOW.

AND SO, AND I'M THE LAST ONE.

SO, SO I KIND OF, THEY WERE KIND OF ON THE PAPERWORK SIDE.

I WAS MORE THE, THE WORK SIDE.

SO YES MA'AM.

BUT I WAS, SO, YES.

UM, SO WHERE DO YOU NOW STAND ON THE NOISE STUDY? I WOULD HAVE, WOULD HAVE TO FIND A RECOMMENDATION IF Y'ALL CAN RECOMMEND SOMEONE WHO DOES 'EM AND DOESN'T.

'CAUSE WHENEVER I CALL PEOPLE THEY SAY THIS IS SOMETHING THAT'S DONE AT CONSTRUCTION SITES.

WE'VE NEVER HEARD OF THIS DONE HERE.

I ASKED A COUPLE OTHER RESTAURANTS WHO HAVE, YOU KNOW, UHHUH ENTERTAINMENT OR WHATEVER AND THEY, I DIDN'T GET ANYTHING FROM THEM.

MOUTH ALSO.

AND THEN I WAS WONDERING, UM, IT'S BEEN MENTIONED IN THERE ABOUT PEAK HOURS.

WHAT DO YOU CONSIDER YOUR PEAK HOURS? BECAUSE I THINK THERE'S SOME WORDING THAT SAYS YOU WOULD BE WILLING TO PROVIDE POLICE OR, OR SECURITY.

I WOULD SAY NINE TO CLOSE.

NINE TO CLOSE.

NINE TO CLOSE TO CLOSE? YES, MA'AM.

AND YOU HAVE HAD SECURITY SO FAR? YES, MA'AM.

'CAUSE THERE'S A LOT OF CALLS AND POLICE CALLS, WHICH WOULD INDICATE THAT THERE WERE PEOPLE THERE.

SO NOT TUESDAYS NECESSARILY.

AND, AND IT WOULD, LIKE, SOME OF THEM ARE CONCERNING, LIKE IF I LIVED, IF I LIVED BEHIND IT, SOUND, POT, SMELL, WHATEVER IT IS.

'CAUSE I WAS READING THROUGH SOME OF THAT, UM, IT WOULD CONCERN ME TOO.

AND I'M, I'M ALL FOR SMALL BUSINESS.

I'M JUST ALSO ALL FOR THE PEACEFUL USE OF YOUR HOME TOO.

AND, AND THEY'VE ADDRESSED THAT IN THE POLICE.

THEY'VE BEEN BY AND SPOKE WITH ME AND ASKED ME, YOU KNOW, PHIL, HOW CAN WE RECTIFY THE SOUND, THIS, THAT, AND THE OTHER.

CAN Y'ALL COME THROUGH WHEN MY CLOSING HOURS IS AND KIND OF GET THE PEOPLE OUT THE PARKING LOT 'CAUSE THEY LEAVE OUT AND JUST GO TURN THEIR MUSIC UP.

AND DO WHATEVER.

IT WAS ALSO SUPPOSED TO BE LOITERING, NO LOUD MUSIC AND LOITERING SIGNS PLACED ON THE WALLS AROUND THE, UH, AROUND THE PARKING.

AND WHOSE RESPONSIBILITY DO YOU THINK THAT IS? THE LANDLORD.

HAVE THEY SAID THAT THEY WOULD DO THAT? THE POLICE SAID THAT THEY WOULD, YOU KNOW, SPEAK WITH THEM ABOUT DOING THAT WHEN I WAS ULTIMATELY THOUGH, YOU'RE TRYING TO RUN YOUR BUSINESS, RIGHT? YES, MA'AM.

COMMISSIONER CHAPMAN.

GOOD EVENING, SIR.

HI, UH, A FEW QUESTIONS.

IS THIS THE ONLY BUSINESS YOU OWN? YES, MA'AM.

AND AS FAR AS COMPLIANCE WITH OTHER STATE ENTITIES, HAVE YOU HAD ANY PROBLEMS OVER THE LAST EIGHT YEARS, LIKE TABC OR IS IT JUST THIS PARTICULAR PROBLEM THAT YOU'RE HAVING WITH THE CITY OF GRAND PRAIRIE? ONLY THIS, RIGHT NOW WITH THIS ONLY THIS PROBLEM OVER THE LAST EIGHT YEARS.

AND YOU GUYS MENTIONED YOUR FUNDING AND THAT BEING SOMETHING THAT WAS PROHIBITIVE OF YOU DOING THE NOISE STUDY.

UM, DID YOU GET P-P-E-P-P-P FUNDS? IS THERE SOMETHING THAT WOULD ENLIGHTEN ME AS FAR AS WHY IT WOULD BE A PROBLEM? NO, THE NOISE STUDY, LIKE I WAS SAYING THAT THEY SAID PEOPLE WOULD SAY THEY WOULD GET BACK WITH ME OR EITHER THEY WOULD SAY, I HAD ONE PERSON QUOTED ME A PRICE, HE MAY HAVE ONE PERSON QUOTED ME PRICE OUTTA ALL OF THEM.

AND I, IT WAS LIKE $6,000 OR SOMETHING.

MS. THOMAS MENTIONED $6,400.

I THINK IT WAS SOMETHING LIKE THAT.

BUT OTHER THAN THAT, NO ONE ELSE HAS BEEN, THEY DON'T KNOW WHAT IT IS.

WELL, NOT, DON'T KNOW WHAT IT IS, BUT THEY DON'T KNOW HOW TO DO IT FOR THAT.

'CAUSE THEY'LL BE LIKE, WELL, WE WOULD'VE TO COME OUT THERE DURING THE TIME WHEN YOUR MUSIC IS UP, PLACE A MONITOR OUT THERE, DECIBEL READING OR WHATEVER OUT THERE.

AND THEN VICE VERSA TOO.

AS MANY TIMES AS THE POLICE WERE CALLED, THEY'VE NEVER SHOWED ME A DECIBEL READING, YOU KNOW, OF IT BEING WHATEVER IT'S SUPPOSED TO BE.

COMMISSIONERS, ANY OTHER COMMENTS HERE? COMMISSIONER DARCO? MR. MADISON? UH, I'M NOT SURE THAT, I BELIEVE THERE'S A CORRELATION BETWEEN THE DISMISSAL OF THE EVICTION CASE AND THE COMPLAINTS, BUT JUST FOR MY OWN RECORDS, WHEN, WHEN WAS THAT CASE DISMISSED? THE EVICTION CASE? APRIL.

APRIL OF THIS YEAR.

AND I WAS GOING FROM OCTOBER TO APRIL OF THIS YEAR.

SO APRIL OF 2023, IT WAS DISMISSED.

CASE, YOU WOULD ADMIT THAT, RIGHT? YES.

YOU HAVE SOME FAIRLY SERIOUS POLICE CALLS IN CALENDAR YEAR 2022 THAT OBVIOUSLY HAD NOTHING TO DO WITH THE DISMISSAL OF THE EVICTION

[01:05:01]

UM, I'M PROBABLY, WELL AT LEAST I, I STRIVE TO BE ONE OF THE BIGGEST SUPPORTERS OF BUSINESS, UH, ON THIS COUNCIL OR COMMISSION, BUT I GET THE SENSE THAT, I MEAN, I DON'T KNOW WHAT METAPHOR YOU WANT TO USE, WHETHER IT'S LIKE THIN ICE OR TOEING THE LINE OR MINDING YOUR PS AND QS, BUT YOU GUYS HAVE, YOU'RE NOT IN COMPLIANCE.

I GET THE SENSE THAT YOU'RE NOT WORKING WITH STAFF TO TRY TO ADDRESS THESE CONCERNS.

AND IT'S HARD FOR ME TO SUPPORT YOUR REQUEST.

I, BUT AT THE SAME TIME, I, THIS IS YOUR, I THIS IS THIS YOUR ONLY JOB? THIS YOUR, THIS IS YOUR FULL-TIME JOB.

IT, YES.

AND SO WITHOUT GETTING THIS SUP, IT, IT COULD MEAN THE CLOSE OF A BUSINESS THAT'S GONNA AFFECT A LOT OF PEOPLE, BUT AT THE SAME TIME, YOU'RE, YOU'RE RIGHT NEXT TO A RESIDENTIAL NEIGHBORHOOD.

I DON'T GET THE SENSE THAT YOU'RE ACTING THAT WAY.

UH, I'M NOT SURE HOW I, YOU DON'T, YOU DON'T NECESSARILY HAVE TO RESPOND TO THAT.

BUT I MEAN, IF YOU WANTED MY SUPPORT, AND YOU DON'T HAVE TO DO THIS, AND THIS ISN'T COMING FROM THE OTHER COMMISSIONERS, BUT YOU MIGHT WANT TO THINK ABOUT ASKING FOR A POSTPONEMENT TO BE ABLE TO WORK WITH STAFF TO ADDRESS THESE CONCERNS.

'CAUSE RIGHT NOW, THIS IS A VERY HARD PROPOSITION FOR, FOR ME PERSONALLY TO SUPPORT.

THAT'S ALL I HAVE.

UM, GOOD POINT, COMMISSIONER.

AND I WAS JUST THINKING THAT SAME THING MYSELF.

UH, DOES ANYBODY ELSE HAVE ANY MORE QUESTIONS FROM MADISON? THAT'S IT FOR NOW.

WOULD YOU LIKE TO MAKE A CLOSING STATEMENT AS TO WHY WE NEED TO, UH, APPROVE THIS? YOUR OVERALL, I MEAN, BECAUSE WE'VE, YOU'VE SAID A LOT AND THERE'S A LOT OF BACK AND FORTH.

THERE ARE NO REAL DATES ATTACHED TO YES, MA'AM.

BASICALLY, I'VE BEEN THERE FOR 10 YEARS.

IT'LL BE 10 YEARS HERE IN 2023.

AND IT'S NEVER BEEN A SHOOTING NOR KILLING IN ALL THESE YEARS.

AND OTHER PLACES IT MAY HAPPEN OR MAY NOT HAPPEN, BUT THE THINGS THAT THEY'RE DON'T WANT TO, UH, GIVE ME A PERMIT FOR CAN BE RECTIFIED.

SO WHATEVER Y'ALL OR WHATEVER I NEED TO DO TO GET THE PERMIT, I'M WILLING TO DO IT.

AS FAR AS THE SOUND OR OTHER THINGS THAT NEED TO BE DONE WELL, WELL, BASICALLY WE, WE ARE ARE LAY PEOPLE HERE.

WE'RE CITIZENS JUST LIKE YOU MM-HMM .

BUT WE JUST WANNA MAKE SURE WE'RE FAIR.

AND TO BE FAIR, WE'VE HEARD YOU SPEAK NOW WE'RE GONNA WANT THE POLICE DEPARTMENT TO GIVE US THEIR INPUT AS TO WHAT THEY, THEY HAVE SEEN BECAUSE IT'S, THESE ARE SERIOUS ISSUES.

AND, AND LIKE I SAID, IT'S A, YOU'RE IN A RESIDENTIAL AREA AND I WOULD TOO WOULD BE CONCERNED ABOUT NOISE IF, UH, ESPECIALLY IF YOU'RE A BRAND NEW HOMEOWNER, BECAUSE HAVE Y'ALL EVER HAD TO REACH OUT TO, UH, THE FOLKS IN THE NEIGHBORHOOD TO DISCUSS SOME OF THESE ISSUES, AS AT ALL? NO, MA'AM.

IT JUST, LIKE I SAY, JUST STARTED OCCURRING.

IT WAS JUST THE ONE NEIGHBOR WHO CAME IN AND SAID WHAT HE SAID.

AND EVER SINCE THEN IT'S, YOU KNOW, THAT'S WHEN EVERYTH THE BALL STARTED ROLLING.

WELL, THANK YOU SO MUCH FOR COMING AND, UM, WE'LL LET YOU KNOW IF WE HAVE ANY MORE QUESTIONS.

ALL RIGHT.

UH, DO WE HAVE ANY MORE SPEAKER CARDS? UH, YES MA'AM.

CHAIR.

MARCINE MOORE, WHO WISHES TO SPEAK IN SUPPORT? OKAY.

IN SUPPORT, MS. MOORE, THANK YOU FOR YOUR PATIENCE.

STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE.

HI, GOOD EVENING.

UH, MY NAME IS MARCINE MOORE.

MY ADDRESS IS 1 6 6 1 SOUTH FORUM, APARTMENT 3 3 0 3 GRAND PRAIRIE, 7 5 0 5 2.

AND I AM IN SUPPORT OF HIM KEEPING HIS ESTABLISHMENT OPEN.

I HAVE BEEN, UM, A PATRON THERE SINCE I MOVED HERE IN TO DALLAS IN 2016.

UM, MR. MADISON HAS BEEN A SUPPORTER OF, OF FOSTERING SMALL BUSINESSES.

UM, HE ALLOWS PEOPLE TO COME IN.

HE, HE, THEY HAVE CONCEALED HANDGUN CLASSES THERE.

UM, I MYSELF AM A MEMBER OF A SORORITY AND FRATERNITY.

HE ALLOWS, UH, US TO COME IN AND USE HIS BAR FOR EVENTS.

AND, UM, AS FAR AS, UM, THE COMPLAINTS, I COULD SEE WHERE IT'S VALID.

I DON'T LIVE THAT FAR FROM THE BAR, UM, RESTAURANT.

BUT WHERE IT'S LOCATED IS, IT IS IN A STRIP CENTER AND IT'S ALSO, UM, UM, A RESTAURANT THAT'S AT THE END OF THE, AT THE END OF THE FACILITY AND A VAPE SHOP.

SO IT'S BUSINESS THERE.

AND SOMETIMES YOU CAN COME THROUGH THE PARKING LOT AND IT'S FULL AND YOU'RE THINKING IT MAY BE PATRONS FROM THE BAR, AND IT'S ALSO PEOPLE FROM THE RESTAURANTS.

AND IT'S LOCATED BEHIND A QUICK TRIP, A POPEYE'S AND A SONIC.

SO IT'S A VERY BUSY AREA WHERE IT'S LOCATED.

SO ANYBODY HAVE QUESTIONS FOR ME? ANYBODY HAVE ANY QUESTIONS? NO, YOU DID VERY WELL IN EXPLAINING YOUR POSITION.

THANK YOU SO MUCH.

AND THANK YOU FOR COMING.

SPEAK, BUT WANTED TO, UH, RECORD HER SUPPORT.

UH, WE HAVE INDIVIDUAL WHO WISHES, UH, NOT TO

[01:10:01]

AND I APOLOGIZE, I, I CAN'T READ THE FIRST NAME.

IT LOOKS LIKE JERRY LYNN STEELE HOUSTON? YES.

IN SUPPORT.

DO WE HAVE ANY MORE CARDS? UH, YES.

UM, MARIANA MCNEIL.

WISHES TO SPEAK IN OPPOSITION.

UM, PLEASE COME FORWARD.

STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE.

IT'S MARIANNA MCNEIL.

I RESIDE AT 7 5 0 1 CATO COURT IN FORT WORTH, TEXAS.

7 6 1 3 2.

UH, I'M THE PROPERTY MANAGER FOR THE SHOPPING CENTER.

SO I REPRESENT THE OWNERSHIP ROVA, LLC, THAT OWNS THE SHOPPING CENTER.

UM, HE COULD NOT BE HERE THIS EVENING.

HE IS, UH, STUCK IN A MEETING IN DALLAS, OTHERWISE HE WOULD'VE BEEN HERE.

BUT I KNOW MORE ABOUT THE CASE THAN PROBABLY HE DOES.

SO, UM, I'M HERE.

WE DID NOT KNOW ABOUT THE REQUEST FOR THE SUP UNTIL ABOUT A WEEK OR SO AGO, AND THEN STAFF DID SUBMIT TO US THE AGENDA PACKET.

SO OUR FIRST QUESTION WAS JUST OUT OF CONCERN AS BEING AN OWNER OF THE PROPERTY.

WE DID NOT REALIZE THAT THE ZONING COULD BE CHANGED FOR OUR PROPERTY VIA A TENANT REQUEST AND NOT WITHOUT THE APPROVAL OF AN OWNERSHIP OF THE ACTUAL BUILDING.

SO THAT WAS ONE BIG QUESTION THAT WE HAD.

THAT'S A HUGE QUESTION.

I WOULD THINK THAT YOU WOULD BE INVOLVED IN ANYTHING THAT'S GOING ON, ON, ON THAT WHOLE STRIP.

WELL, ESPECIALLY WITH THE CHANGE OF ZONING.

I, WE DIDN'T KNOW THAT A TENANT COULD CHANGE A USE WITHOUT THE APPROVAL OR THE KNOWLEDGE OF THE, OF THE OWNERSHIP.

HE'S NOT ASKING FOR A ZONING CHANGE.

IT'S NOT, WELL, THE SUP IN ESSENCE CHANGES THIS.

HIS USE, THE SUP IS JUST REQUIRED TO OPERATE A RESTAURANT THAT SELLS ALCOHOL.

YEAH, HE'S, YEAH.

THE, THE PROBLEM IS THERE'S BEEN A LOT GOING ON THAT HAS NOT BEEN APPROVED.

THE ALCOHOL AND, AND THE, THE, THE NOISE AND, AND IT'S A LOT OF DIFFERENT THINGS THAT WERE LIKE REQUESTED AND THEY HAVEN'T FOLLOWED THROUGH.

SO I THINK THERES A COMMUNICATION PROBLEM HERE STILL.

THERE'S NO COMMUNICATION BETWEEN THE, THE, UH, THE, THE RESTAURANT OWNER AND THE, UH, OWNER OF THE STRIP.

CORRECT.

AND I DON'T UNDERSTAND, IF SOMEBODY COULD CLARIFY FOR ME FROM, I'M PLANNING AS TO WHY THIS IS THE WAY IT IS.

I DON'T UNDERSTAND THIS.

I'M SORRY.

I WAS SPEAKING TO LEGAL ABOUT SOMETHING ELSE.

UM, I THINK THIS IS A UNIQUE SCENARIO WHERE THIS USE IS EXISTING ALREADY.

AND I THINK IT WENT IN WITH THE UNDERSTANDING THAT THAT USE WAS ALLOWED BY RIGHT.

WITH THAT ZONING.

UH, SO THE APPLICANT JUST SUBMITTED AN APPLICATION SAYING, OKAY, THIS IS WHAT WE ARE, SUP IS REQUIRED IF YOU ARE SOMETHING ELSE MM-HMM .

THE, THE INFORMATION THAT WE ARE REQUESTED WILL VERIFY EITHER OR CERTAINLY.

SO WE WEREN'T AWARE OF THE CEO, UH, CERTIFICATE OCCUPANCY NOT BEING, SEE THAT'S WHAT I DON'T UNDERSTAND WHY THERE'S THE BREAK IN COMMUNICATION WITH, WITH ALL PARTIES.

WELL, THE APPLICANT PROBABLY SHOULD HAVE INCLUDED, BUT I THINK THERE'S SOME OTHER ISSUES BETWEEN THE APPLICANT AND THE PROPERTY OWNER, OF COURSE MM-HMM .

SO, UM, BUT YES, NORMAL PROCESS.

BUT STAFF DID LET US, I APOLOGIZE, STAFF DID LET US KNOW THAT THIS MEETING WAS COMING UP ABOUT THIS.

WE JUST DIDN'T KNOW ABOUT IT TILL ABOUT A WEEK OR SO AGO.

BUT THIS HAS BEEN GOING ON FOR QUITE SOME TIME.

AND THIS, WHAT I DON'T, WHAT, WHICH I THINK IS TROUBLING THAT IT'S BEEN GOING ON SINCE 2015.

NORMAL PROCESS, THE OWNER WOULD BE INVOLVED IN THIS PROCESS WITH THE APPLICATION WE PURCHASED, PURCHASED THE BUILDING IN 2018.

SO IT'S BEEN CHANGED.

SO THIS WOULD'VE BEEN WITH THE PREVIOUS OWNERSHIP.

SO THERE'S A LOT OF CHANGE IN OWNERSHIP AND THERE'S, SO SOMEBODY'S DROPPED THE BALL SOMEWHERE IN BETWEEN ALL OF THIS? YES.

SO AT THIS POINT IN TIME, THE, UH, THE RESTAURANT OWNER IS, WANTS TO PROVIDE ALCOHOL AND WANTS TO PROVIDE ALL THESE THINGS, BUT THEY HAVE TO COME BEFORE US IN ORDER WHETHER, WHETHER WE WANT TO APPROVE THAT OR NOT.

BUT IT'S, THIS IS A LOT.

IT'S A LOT TO SWALLOW .

IT'S A LOT TO SWALLOW.

IT'S SO, COMMERS.

DO YOU HAVE ANY OTHER QUESTIONS? GO AHEAD.

SORRY.

COMMISSIONER KO.

SO AGAIN, WHY ARE YOU OPPOSING THE SUP? WE WERE, WE JUST WERE NOT AWARE OF THE CHANGE.

SO WE FELT LIKE THAT IT WAS CHANGING THE USE OF THE PROPERTY WITHOUT THE OWNERSHIP KNOWLEDGE.

SO THAT'S WHY WE WERE BASED ON THAT ION.

BUT YOU KNEW IT WAS A BAR WITH A DJ FOR THE LAST FIVE YEARS, RIGHT? WITH THE, YOU WERE THE LANDLORD WITH THE BAR AND GRILL, CORRECT? YEAH.

YOU, NO, WE DID NOT KNOW THERE WAS A DANCE, DANCING AND ALL THAT.

WE KNEW THAT THERE WAS A DJ, WE KNEW THAT, THAT IT WAS A BAR AND SPORTS BAR.

TO GIVE THEM SOME NOTIFICATION FOR US COMING IN.

BUT WE DID NOT KNOW ABOUT A DANCE FLOOR.

WE WERE JUST TOLD THAT RECENTLY AS WELL.

SO YOU DON'T PERIODICALLY GO, NO ONE GOES THERE TO JUST INSPECT A AUDIT, SEE WHAT'S GOING ON WITH FACILITY.

WE DO, IF THERE'S AN ISSUE, BUT IN ACCORDANCE WITH THE LEASE, WE HAVE TO LET THE TENANT KNOW WHY WE'RE THERE, YOU KNOW, TO,

[01:15:01]

WE DIDN'T HAVE ANY REASON TO WALK IN AND CHECK TO SEE IF THEY HAD A DANCE FLOOR.

THAT WOULDN'T HAVE BEEN MM-HMM .

AN ISSUE.

NOW WE'VE HEARD RECENTLY OF THE NOISE COMPLAINTS, BUT THEY WOULD, THE NEIGHBORHOODS WOULDN'T HAVE KNOWN HOW TO GET MY PHONE NUMBER, I GUESS, WITHOUT ASKING PHIL OR OTHER TENANTS.

SO MY NAME'S NOT LISTED MM-HMM .

YOU KNOW, FOR THEM TO EASILY CALL ME.

SO THEY PROBABLY CALLED THE POLICE DIRECTLY WHENEVER THERE WAS A COMPLAINT OF THAT ISSUE.

BUT WE, WE CERTAINLY HAVE HAD, YOU KNOW, ISSUES WITH THE TENANT.

WE ARE CURRENTLY IN LITIGATION WITH THEM.

WE'RE ON HOLD BECAUSE THE TENANT HAS FILED FOR BANKRUPTCY.

SO EVERYTHING IS, SO HAS THE POLICE DEPARTMENT CONTACTED YOU DIRECTLY ABOUT THE ISSUES GOING ON IN? THEY DID RECENTLY, SO AT ALL, PROBABLY APRIL OR MAY OF THIS YEAR.

BUT, BUT THERE HAVE BEEN QUITE A FEW COMPLAINTS OVER THE YEARS.

AND SO YOU WEREN'T CONTACTED AT ALL FOR THAT? NOT BY THE POLICE DEPART UNTIL THIS YEAR, UNTIL APRIL OR MAY.

I THINK THINGS GRADUALLY MAYBE GOT WORSE.

I KNOW THEY LIKE TO BLAME THAT WE HAD SOMETHING TO DO WITH IT, BUT WE, WE DIDN'T CALL THE POLICE TO SAY, HEY, CHECK THIS OUT.

SO.

COMMISSIONER, WE, WE COUNT ON THE, OKAY.

COMMISSIONER CHAPMAN.

UM, AS FAR AS THE LAUNDERING GOES, WERE YOU AWARE OF ANY OF THAT? YES.

AND WE HAVE A PORTER THAT COMES AND CLEANS ALL THAT UP.

AND WE, WE HAVE, YOU KNOW, IF WE SEE IT, BUT IT'S ON OUR SECURITY CAMERA, SO SOMEONE HAS TO TELL US ABOUT IT AS WELL.

THE SECURITY'S NOT MONITORED 24 7.

YOU KNOW, IT'S, IF WE'VE, IF ANOTHER TENANT TELLS US, THEN WE REVIEW THE SECURITY TAPES AND VICE VERSA.

AND BY AND LARGE, MOST OF THE TIME THE POLICE HAD ALREADY BEEN CONTACTED.

AND AS FAR AS SIGNAGE GOES, HAVE YOU BEEN? YEAH, WE, THEY HAVE REQUESTED THAT WE PUT UP SOME NO LOITERING AND, AND SIGNS.

AND THOSE HAVE BEEN ORDERED AND RECEIVED.

WE'RE JUST WAITING FOR OUR CONSTRUCTION PEOPLE TO PUT THE, THE SIGN UP.

WE'VE ALREADY BEEN TO THE BUILDING, BUT WE DIDN'T WANNA GLUE TO THE SIDE OF THE BRICK FASCIA.

SO WE'RE LOOKING AT ALTERNATIVES FOR THE INSTALLING OF THE POLES AND SUCH.

THERE, THE STRIP CENTER SITS LIKE THIS, AND THEN THERE'S A HUGE PARKING LOT TO THE RIGHT OF THE CENTER.

SO WE HAVE SIGNAGE FOR THE FRONT AND AS WELL AS THE LARGE PARKING TO THE RIGHT.

VERY GOOD QUESTIONS, COMMISSIONER.

AND IT REGARDS TO COMPLIANCE, WHEN YOU PURCHASED IT IN 2018, DID YOU DO SOME KIND OF EVALUATION WITH EACH TENANT TO FIND OUT, HEY, ARE YOU IN COMPLIANCE WITH THIS? HAVE YOU DONE THIS? IS THAT YOUR PROTOCOL? WELL, IT'S IN THE LEASE.

NOT NORMALLY.

WHEN YOU PURCHASE A CENTER WITH AN EXISTING TENANT, WOULD YOU REQUEST A CO, BECAUSE WE HAVE TENANTS THAT HAVE BEEN IN SHOPPING CENTERS 20, 30 YEARS MM-HMM .

NOW, IF A NEW TENANT SIGNS A NEW LEASE, THEY ARE NOT GIVEN OCCUPANCY RIGHTS UNTIL THEY PROVIDE INSURANCE AND A CERTIFICATE OF OCCUPANCY FROM THE CITY.

SO, BUT THIS IS AN EXISTING TENANT THAT WE DID, SO WE DIDN'T HAVE A, THERE'S NOT A CHECK FOR CERTIFICATE OF OCCUPANCIES FOR EXISTING TENANTS.

SO THE TERM OF HIS LEASE WAS THE FIVE YEAR PERIOD THAT YOU'VE OWNED THE, THE PROPERTY.

BUT WITH, WITH THAT BEING SAID, THAT THERE SHOULD HAVE BEEN SOME, UH, NOTICING ALL OF THE THINGS THAT WERE GOING ON.

IT JUST SEEMS A BIT ODD THAT, UM, IN FIVE YEARS, THESE THINGS.

THE POLICE HAD RECENTLY, YOU KNOW, TALKED TO US ABOUT THE ISSUE.

WE KNEW THAT SOMETHING WAS COMING UP IN JUNE, THAT THE CITATIONS WERE ISSUED AND THAT HE WOULD BE COMPLYING WITH THOSE, YOU KNOW, AND HE DID MM-HMM .

SO I THINK THERE'S A, THAT'S WHEN THE BULK OF THE INFORMATION STARTED COMING THROUGH.

THERE'S A LOT GOING ON HERE, A LOT FOR US TO SWALLOW HERE.

SO, UH, WE MAY HAVE MORE QUESTIONS, BUT FOR NOW THAT THAT'D BE IT FOR NOW.

UH, WE HAVE ANOTHER SPEAKER CARD FROM LARRY CANERS WHO WISHES TO SPEAK IN SUPPORT.

UH, FOR DISCLOSURE, HE IS A FRIEND OF MINE, SO, BUT I AM HERE IN SUPPORT OF HIM AND, UH, JUST ASKING FOR YOU, GIVE HIM A LITTLE PATIENCE.

HELLO, SIR.

HELLO.

STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE.

LARRY CENTERS 5 0 2 3 STAGE COACH, WAY GRAND PRAIRIE.

UM, YOU ARE RIGHT AS CHAIRPERSON.

UH, THERE IS A LOT TO, UH, HANDLE AND I'VE WATCHED HIM TRY TO BUILD THIS BUSINESS AND, UM, YOU KNOW, I'M, I'M COMING IN SUPPORT OF HIM.

HE WORKS HARD TO TRY TO MAKE IT HAPPEN, BUT THERE ARE A LOT OF MOVING PARTS.

AND, UH, AS FOR, AND I CAN'T SPEAK TO A LOT OF THE STUFF, BUT I CAN SPEAK TO SOME OF THE INCIDENTS THAT'S HAPPENED.

YOU KNOW, IT'S USUALLY THE, UH, ACTION OF A FEW ROGUE KNUCKLEHEADS WHO COME AROUND WHO REALLY HAVE NO BUSINESS GOING OUT.

UM, THIS PLACE HAS BEEN A, A NEIGHBORHOOD PLACE FOR A BUNCH OF PEOPLE TO GO AND WE SHOOT POOL AND HANG OUT, PLAY CARDS, DOMINOES, AND IT'S KIND OF A CHEERS TYPE OF ATMOSPHERE THERE.

AND, UH, WHILE IT'S NOT A PERFECT SITUATION, I'M JUST HERE TO ASK THE COUNCIL TO, UH, OFFER A LITTLE, LITTLE PATIENCE, A LITTLE BIT MORE PATIENCE, AND, UH, ALLOW MR. MADISON A. LITTLE BIT MORE TIME TO GET THINGS IN COMPLIANCE.

AND I'M SURE HE'LL GET THAT DONE IN A REASONABLE AMOUNT OF TIME.

[01:20:01]

BUT THANK YOU FOR THOSE, THOSE WORDS.

HOW LONG HAVE YOU KNOWN HIM? I'VE KNOWN HIM EVER SINCE I'VE BEEN GOING THERE PROBABLY ABOUT EIGHT YEARS.

WE, AT ONE POINT WE, WE WERE WORKING OUT TOGETHER.

LET ME MAKE SURE THAT COMMISSIONERS, Y'ALL HAVE ANY AND OF QUESTIONS.

THIS LONG, BUT THERE'S BEEN SO MANY MUCH COMMUNICATION.

THANK YOU FOR THOSE COMMENTS.

WHAT DO WE HAVE? UH, WE HAVE, UH, TIM LEYVA HERE FROM THE, UH, POLICE DEPARTMENT WHO WANTED TO SPEAK IN OPPOSITION.

YES, PLEASE.

THANK YOU AGAIN.

FOR THE RECORD, STATE YOUR NAME AND ADDRESS.

GOOD EVENING.

LIEUTENANT TIM SLIVA, UH, COMMUNITY SERVICES DIVISION LIEUTENANT FOR THE GRAND PRAIRIE POLICE DEPARTMENT, WHICH IS 1525 ARKANSAS LANE HERE IN GRAND PRAIRIE.

UM, I'M HERE TO SPEAK IN OPPOSITION OF THIS ISSUANCE ON BEHALF OF THE POLICE DEPARTMENT.

UM, AS WE NOTED IN THE LETTER THAT WAS SUBMITTED AND IN THE, UH, PREVIOUS PRESENTATION WE'VE RESPONDED TO, IT WAS LISTED IN THERE AS 124 CALLS FOR SERVICE.

THERE HAVE ACTUALLY BEEN TWO MORE.

SO BETWEEN JANUARY 1ST, 2022 AND SEPTEMBER 4TH, 2023, THERE HAVE BEEN 126 CALLS FOR SERVICE THAT HAVE BEEN RELATED TO MICKEY'S.

UM, IT SHOULD BE NOTED THAT THAT IS ACTUAL CALLS THAT CAME INTO OUR CALLS CENTER OFFICERS GOING THROUGH, UM, RESPONDING TO THINGS THERE THAT DOES NOT INCLUDE ANY COMPLAINTS THAT CAME IN DIRECTLY THROUGH THE CHIEF OF POLICE OFFICE THROUGH CITY HALL, OR DIRECTLY TO OUR CRIME PREVENTION OFFICERS.

UM, OF THOSE CALLS, 47 WERE NOISE COMPLAINTS FROM NEIGHBORS IN THE SURROUNDING AREA.

22 OF THOSE CALLS INVOLVED ASSAULTS, DISTURBANCES AND INTOXICATED DRIVERS.

UM, WE ALSO FOUND OUT THROUGH OUR INVESTIGATIONS THAT THERE WERE BREACHES OF THE PIECE THAT BY LAW HAVE TO BE REPORTED TO TABC THAT HAD NOT BEEN REPORTED.

UH, TABC IS CURRENTLY COMPLETING AN INVESTIGATION ON THAT, WHICH IS IN THE PUNISHMENT PHASE.

SO WE'RE STILL WAITING FOR THE OUTCOME OF WHAT WILL COME FROM THAT.

UM, COMPLAINTS FROM NEIGHBORS AND NEIGHBORING BUSINESSES THAT WE RECEIVED HAD TO DO WITH NOISE, TRASH, LIQUOR, BOTTLES, LOITERING, AND PARKING ISSUES.

UM, SEVERAL OF THE NEIGHBORS IN THE AREA OTHER THAN BEING KEPT AWAKE LATE HOURS ON NIGHT WOULD WAKE UP IN THE MORNING TO FIND BROKEN ALCOHOL BOTTLES IN THEIR BACKYARDS.

UM, REPORTS OF WINDOWS SHAKING BECAUSE OF THIS, UM, POLICE DEPARTMENT DID FEEL IT WAS NECESSARY TO TAKE ACTION TO TRY TO, NUMBER ONE, ALLOW THE RESIDENTS TO HAVE A PEACEFUL ENVIRONMENT IN WHICH TO LIVE.

AND OF COURSE, WE ALSO, IF POSSIBLE, WANT THE BUSINESS OWNER TO HAVE A SUCCESSFUL BUSINESS.

UM, IN TRYING TO DO BOTH OF THOSE, WE INCREASED PATROLS IN THE AREA OF MICKEY'S.

UM, WE ALSO HAD A COUPLE OF UNDERCOVER OPERATIONS INVOLVING BOTH THE POLICE DEPARTMENT, ENVIRONMENTAL AND THE FIRE DEPARTMENT.

WE MET WITH THE CONCERNED NEIGHBORS IN AND THE BUSINESS ITSELF ABOUT THESE ISSUES.

UM, INVESTIGATOR DIXON, WHO WAS WITH ME TONIGHT, HE WAS ACTUALLY THE LEAD INVESTIGATOR ON EVERYTHING HAVING TO DO WITH MICKEY'S.

HE ACTUALLY REACHED OUT TO MR. MADISON REGARDING THE ISSUES THAT THE NEIGHBORS BROUGHT FORWARD, TRYING TO COME UP WITH, UM, SOME SORT OF SOLUTION TO THE PROBLEM.

UM, AND THE FIRST TIME WE REACHED OUT, IT WAS BACK, I WOULD SAY, AUGUST, SEPTEMBER OF 2022.

AND WE, WE'VE BEEN WORKING EVER SINCE THEN, UM, WITH MR. MADISON AND WITH THE NEIGHBORS TO TRY TO BRING A RESOLUTION TO THIS.

UM, ALSO BECAUSE OF THE ISSUES, WE PLACED A POLICE CAMERA ON THE NORTH SIDE OF THE PROPERTY FOR A WHILE, BOTH TO ALLOW US TO KIND OF MONITOR WHAT'S GOING ON AND ALSO AS A DETERRENT TO THE SITUATION.

UM, WHAT THAT CAMERA ALLOWED US TO SEE WAS KIND OF WHAT TIMES WERE REALLY THOSE PEAK TIMES WHEN THINGS WERE PICKING UP.

UH, TYPICALLY WHAT WE FOUND, ESPECIALLY DURING SPORTING EVENTS, WAS A LOT OF TIMES IT WASN'T UNTIL 11 O'CLOCK OR LATER AT NIGHT WHEN A LOT OF OTHER PLACES WOULD BE SHUTTING DOWN THAT A LARGE CROWD WOULD START CONGREGATING THERE AT MICKEY'S.

UM, WE WERE ABLE TO TELL AT THOSE POINTS THAT IT WAS PRIMARILY MICKEY'S CUSTOMERS THERE BECAUSE EVERYTHING ELSE IN THAT STRIP CENTER AT THAT TIME OF DAY WAS ALREADY CLOSED DOWN.

UM, WE, WE MONITORED THAT FOR SEVERAL WEEKS.

LIKE I SAID, WE HAD, WE HAD THE TWO UNDERCOVER OPERATIONS, THE LAST UNDERCOVER OPERATION WITH ENVIRONMENTAL WITH US.

UM, DID LEAD TO SHUTTING DOWN MICKEY'S, UM, DUE TO SOME HEALTH ISSUES, UM, CONCERNS ALSO, UM, SOME SAFETY CONCERNS ON BEHALF OF THE FIRE DEPARTMENT.

UM, WHENEVER WE SHUT MICKEY'S DOWN AT THAT POINT, WE DID MAKE AN ATTEMPT TO GET MR. MADISON TO COME OUT TO THE LOCATION AND SPEAK WITH US THAT NIGHT.

UM, HOWEVER, WE COULD NOT GET HIM TO RESPOND THAT EVENING.

UM, LIKE I SAID, I HAVE, I HAVE INVESTIGATOR DIXON HERE WITH ME ALSO, BUT WE'D BE GLAD TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.

HAVE YOU EVER HAD ANY, ANY MEETINGS WITH EVERYBODY ALL TOGETHER? JUST EVERYBODY SITTING DOWN TALKING THROUGH THIS OR YOU HAD INDIVIDUAL MEETINGS WITH EACH GROUP? INDIVIDUAL MEETINGS, YEAH, THAT MIGHT HAVE BEEN HELPFUL.

AGAIN, BRING EVERYBODY TOGETHER, UH, UNDER ONE ROOF TO DISCUSS, BECAUSE THIS HAS BEEN GOING ON A LONG TIME.

I'M SURPRISED THAT WE'VE ALLOWED IT TO LAST

[01:25:01]

UM, WHAT IS THE OCCUPANCY LEVEL OF THAT, UH, RESTAURANT? 'CAUSE THERE NORMALLY COULD BE A SIGN ABOUT THE NUMBER OF PEOPLE THAT CAN BE IN THERE AT ONE TIME, THE OCCUPANCY.

DO YOU CORRECT? I I HONESTLY COULDN'T TELL YOU WHAT THAT IS.

I'M WONDERING IF THERE'S ONE, UH, IN THERE, IF IT, BECAUSE THIS IS A, THIS, UH, RESTAURANT'S BEEN AROUND A WHILE AND IT'S HAD SO MANY DIFFERENT OWNERS, PROBABLY A LOT OF THINGS HAVE NOT HAPPENED AND BEEN COMPLIED WITH.

SO HOW OFTEN DOES, UH, CODE COMPLIANCE, HE MAY WANNA COME UP THE, THE INVESTIGATE.

HOW OFTEN DOES CODE COMPLIANCE GO TO VISIT A FACILITY? IS THAT ONCE A YEAR OR JUST WHEN NEEDED OR HOW, HOW DOES THAT WORK? I, I, I'M NOT SURE HOW OFTEN THEY GO ON THEIR OWN.

UM, WE HAD CODE COMPLIANCE.

WE MADE THEM AWARE WHENEVER WE WERE GOING OUT AND DOING OUR INVESTIGATIONS.

UM, SO THEY HAD SOME FOLLOW UP INVESTIGATIONS.

UM, LIKE I SAID, UM, OFFICER DIXON, UM, HE'S ONE OF OUR POLICE INVESTIGATORS CAN COME UP INVESTIGATORS FOR CRIME PREVENTION.

AND THEN WE ALSO HAVE A REPRESENTATIVE FROM ENVIRONMENTAL HERE TONIGHT.

UM, LIKE I SAID, THEY, OFFICER DIXON, HE, HE WAS OUR MAIN COMMUNICATION BETWEEN THE NEIGHBORS, MICKEY'S AND ALSO, UM, ROPED IN CODE COMPLIANCE, UH, WHENEVER THERE WAS AN ISSUE THERE YES.

THAT THEY COULD HELP US WITH.

IF YOU WOULDN'T MIND JUST GIVING US YOUR NAME AND ADDRESS FOR THE RECORD, AND THEN GIVE US A, LIKE A, AN OVERVIEW ABOUT WHAT YOU SEE HERE.

WHAT HAVE YOU EXPERIENCED WITH THIS SITUATION? YES, MA'AM.

UM, INVESTIGATOR KERICK DIXON, UM, OUT OF 1525 ARKANSAS LANE.

UM, SO I'M THE PRIMARY INVESTIGATOR ON THIS CASE.

UM, I'VE REACHED OUT, I'VE SPOKEN TO MR. PHIL ON THE PHONE A FEW TIMES.

UM, THEN I TALKED TO THE RESIDENCE ON OAK MEADOW AT 3,700 BLOCK, INDIVIDUALLY, KNOCKED ON THE DOORS, SPOKE TO HIM.

UM, AND THEN WE COME TOGETHER.

SO, UM, WHAT LT IS TALKING ABOUT AS FAR AS, UH, SOME OF THE OPERATIONS I'VE BEEN IN, IN PLAIN CLOTHES WHERE YOU WOULD KNOW THAT, YOU KNOW, I WAS AN OFFICER AND, UH, ME AND ANOTHER OFFICER AND SAW SOME DISTURBING THINGS.

AND THEN THAT'S WHEN I COME BACK, REPORT TO HIM AND GO, LET'S JUST GO IN THERE WITH FIRE OR, UH, BINA, JEFF BINA AND GET SOME OF THESE GUYS IN.

UH, BECAUSE THERE WAS A LOT OF DIFFERENT THINGS.

AND, UH, WE ENDED UP RUNNING THE OPERATION.

LOTS OF, UH, CITATIONS, GET THIS FIXED, GET THAT FIXED.

BUT HONESTLY SPEAKING, JUST AS FAR AS MY DEALINGS WITH THE COMMUNITY, IT'S JUST A QUALITY OF LIFE ISSUE.

THEY'RE JUST, THEY'RE TIRED.

WE'RE NOT WANTING TO SHUT HIM DOWN.

I'M, I'M KIND OF LIKE, YOU GUYS ARE LIKE A SUCCESSFUL BUSINESS.

YOU JUST CAN'T HAVE THAT LOUD MUSIC THERE.

UM, THEY'RE FED UP.

THAT'S HOW IT ENDS, ENDED UP ON MY DESK.

AND SO ONCE I GRAB IT, UM, WE'RE JUST TRYING TO GET THE RESOLUTION.

SO, UM, BUT I'LL TAKE ANY QUESTIONS THAT YOU MAY HAVE THAT YOU PRETTY MUCH HAVE SAID WHAT WE, WHAT WE WANTED TO HEAR IS THAT, THAT YOU HAVE BEEN REACHING OUT AND TRYING TO WORK WITH, WITH MR. MADISON AND, AND WITH THE CITATIONS BEING GIVEN TO ME, THAT IS A RED FLAG THERE.

YOU KNOW, CITATIONS HAVE BEEN WRITTEN.

AND SO WHAT HAPPENS AFTER THE CITATIONS ARE NOT FOLLOWED? WHAT, WHAT HAPPENS AFTER THAT? SO I BELIEVE HE HAD A SET TIME TO GET THINGS FIXED.

UM, I KNOW TO SHUT IT DOWN, THE FIRE MARSHAL SAW SOMETHING WITH VENT HOOD.

UM, I DON'T, I DON'T THINK HE'S HERE, BUT I CAN'T SPEAK ON THAT.

BUT HE SAW SOMETHING SAY, HEY, WE GOTTA CLOSE IT DOWN.

AND WE EXPLAINED TO HIM, I THINK WE TRIED TO CALL HIM MM-HMM .

UH, MR. MADISON WASN'T AVAILABLE OR COULDN'T COME BACK, BUT, UM, YEAH.

SO IT'S JUST, I DON'T KNOW, I, I TOOK, I HEAR WHAT THE CITIZENS ARE TELLING ME AND I GO AND WE TRY TO RECTIFY THE SITUATION.

THAT'S IT.

HOW FAR IS IT FROM THE RESIDENCE TO THE, THE RESTAURANT? HOW IS IT? 600 FEET.

OH, NO, IT, OKAY.

SO IF YOU HAVE THAT STRIP CENTER SITTING THERE MM-HMM .

THERE'S A WALL, IF I HAD TO GUESS, IT'S ABOUT 12 FOOT FROM THAT DOOR MM-HMM .

AND THEN YOU'RE IN THE BACKYARD OF OH, OAK MEADOW.

AND SO MY FIRST PHONE CALL WAS, HEY, MR. FIELD, I'M, YOU KNOW, INVESTIGATOR DIXON.

I SAID, SIR, THAT MUSIC WAY TOO LOUD.

YOU KNOW? AND THEN THAT LED TO ANOTHER PHONE CALL.

THEN I WENT OUT, SPOKE TO HIM AT HIS PLACE, UH, SPOKE TO THE DJ.

UM, IT SITUATION IS STILL, SO IT'S BEING PRETTY MUCH RUN AS A CLUB ABSOLUTELY.

IF THEY'RE CHARGING ADMISSION AND, UM, ABSOLUTELY.

WITH THE DJ AND, AND EVERYTHING, THE DANCING.

ABSOLUTELY.

AND SO WITNESSED ALL OF THAT.

I SAW THAT IN MY OWN EYES.

COMMISSIONER MADD.

SO JUST A COUPLE OF CLARIFICATIONS.

SO HAVE YOU BEEN THERE WHEN YOU, WERE YOU OUT BACK OR HAVE YOU BEEN THERE WHEN THE DJ WAS ON AT NIGHT? OUTSIDE? YES, MA'AM.

SO WHEN WE WERE UNDERCOVER, UH, THE DJ WAS OVER IN THE SOUTHWEST CORNER.

UM, THE BIG SPEAKER THAT YOU PUT UP ON A POLE AND IT'S FACING THAT DOOR.

SO EVERY TIME YOU, WHOEVER COMES IN, THAT MUSIC IS GOING RIGHT OUT THAT DOOR AND YOU CAN HEAR IT.

IN ALL OF THESE HOUSES HERE.

UM, WHAT HE WAS REFERRING TO WHEN THEY PROPPED THE DOOR OPEN IN THE KITCHEN MM-HMM .

WELL THEN OAK MEADOW IS RIGHT HERE, RIGHT.

[01:30:01]

ALL OF THAT MUSIC, UM, TO THE POINT OF, I SPOKE TO THE OWN HOMEOWNER WHO SAID, KD, MY, THEY CALL ME KD.

HE GOES, MY PICTURES ARE VIBRATING, BUT I'VE BEEN PUTTING UP WITH IT FOR SO LONG, I DON'T EVEN SAY ANYTHING.

AND MY HEART HURT BECAUSE I'M LIKE, SIR, YOU PAID TO HAVE PEACE AND QUIET AGAIN.

THIS IS NOT TO RUN HIM OUT OR DO GO AND BE A SUCCESSFUL BUSINESS.

YOU GOTTA DO IT SOMEWHERE ELSE.

AND ANOTHER THING, SO WHEN YOU, YOU MENTIONED EARLIER ABOUT TRYING TO TALK TO MR. MADISON AND HE WASN'T EITHER ABLE TO COME TO YOU OR COME BACK.

DO YOU KNOW, OR I, AND I GUESS MAYBE A QUESTION, IS HE USUALLY ON SITE WHEN THE, OR IS, DOES ANYBODY KNOW THIS? SO THAT, SORRY.

UM, THAT EVENING, UM, WHENEVER WE MADE CONTACT AT THE FRONT OF THE BUSINESS, WE HAD ACTUALLY, WE HAD, WE HAD SOME OF OUR OFFICERS INSIDE UNDERCOVER MM-HMM .

AND THEN PART OF US WERE BACK ON OAK MEADOW, UM, LISTENING FOR THE NOISE AND JUST KIND OF WATCHING THE SITUATION.

WHEN WE CAME AROUND TO THE FRONT OF THE BUSINESS, WE SPOKE WITH THE SECURITY GUARD WHO HAD JUST GOTTEN THERE.

UM, IT WAS A LITTLE BETWEEN 10 AND 10 30.

THE SECURITY GUARD HAD JUST GOTTEN THERE.

HE ADVISED THAT THERE WAS NO MANAGEMENT ON SCENE, THAT HE WAS THE ADJUNCT MANAGEMENT.

UM, WE ASKED HIM ABOUT THE SITUATIONS IN THE PARKING LOT BECAUSE THE PARKING LOT WAS VERY FULL AND A LOT OF THE ISSUES WE HAD.

UM, HIS COMMENT TO ME WAS THAT THEY WEREN'T RESPONSIBLE FOR THE PARKING LOT, THAT THEY'RE ONLY RESPONSIBLE FOR THE BUSINESS ITSELF.

AND REPEATED SEVERAL TIMES THAT THERE WAS NO MANAGEMENT THERE ON THE SCENE, THAT HE WAS THE MANAGER.

UM, EVENTUALLY ONE OF THE COOKS FROM THE KITCHEN, UM, IDENTIFIED HIMSELF AS THE ACTING MANAGER FOR THE NIGHT.

AND THAT'S THE ONLY PERSON THAT WE COULD REALLY HAVE MANAGERIAL CONTACT WITH DURING THAT UNDERCOVER OPERATION.

OFFICER DIXON, WHEN YOU, UH, WERE THERE UNDERCOVER, DID YOU SEE A DANCE FLOOR? UM, YES MA'AM.

SO THE WAY THE MR. FIELD IS EXPLAINING, LIKE SOME OF THOSE CHAIRS ARE PUSHED OUT OF THE WAY FOR COVID, NOT SO MUCH BECAUSE AFTER THAT YOU WOULD'VE PUT 'EM BACK.

SO THERE'S, IF I HAD TO GUESS, I WOULD SAY LIKE AN EIGHT BY EIGHT LITTLE AREA RIGHT IN FRONT OF WHERE THE DJ IS IN THAT SOUTHWEST CORNER.

THAT'S, AND WERE YOU, WERE YOU THERE WHEN THE DJ WAS THERE? YES, MA'AM.

THAT'S THE DANCE FLOOR.

AND DO YOU REMEMBER HEARING HIM, YOU KNOW, ASKING PEOPLE TO COME TO THE DANCE FLOOR? OH, NO.

NO.

OR DO THEY JUST GO TO THEMSELVES? YEAH.

YOU JUST KIND OF CONGREGATE THAT WAY.

HE DIDN'T ASK PEOPLE TO COME.

ANY OTHER QUESTIONS? COMMISSIONER? MAD.

AND THEN COMMISSIONER, GO.

I HAVE A QUESTION THAT'S REALLY MAYBE MORE FOR STAFF, KIND OF, BUT HOW IS, HOW IS A BUSINESS OWNER SUPPOSED TO CONTROL IF SOMEBODY STARTS DANCING? WHETHER OR NOT IT'S A, IT'S A DESIGNATED DANCE FLOOR.

I MEAN, IT'S JUST THE, IT, UM, YOU'VE BEEN THERE, SO IS IT JUST WHATEVER THE FLOORING IS THROUGHOUT THE WHOLE BUILDING, BUT THERE HAPPENS TO BE A SPACE, RIGHT? YES, MA'AM.

AND SO IT, HOW IS THAT MANAGED? YOU CAN'T CONTROL THE, THE DANCE FLOOR, BUT WITH REGARD TO THE ENTERTAINMENT COMPONENT OF THIS, OKAY.

HAVING A DJ, YOU HAVE TO HAVE APPROVAL WITH YOUR USE.

SO WE WOULD THEN LOOK AT THAT.

ENVIRONMENTAL WOULD LOOK AT THE SQUARE FOOTAGE AND HOW THE FLOOR FLOOR IS LAID OUT.

UHHUH , AND THAT WASN'T DONE, OF COURSE.

'CAUSE THEY DON'T HAVE A CO THEY DON'T HAVE THE APPROVED USE.

SO ALL THIS IS JUST INTENDED TO ADDRESS ALL THESE ISSUES.

TO SEE WHETHER OR NOT THEY'RE MEETING CODE OF COMPLIANCE.

CERTAINLY THEY, YOU KNOW, AS, AS HE IS MENTIONED, WE'RE NOT NECESSARILY TRYING TO SHUT THEM DOWN.

BUT IF THEY'RE NOT GONNA RESPOND TO THE ISSUES THAT HAVE BEEN LONGSTANDING FOR A LONG TIME, WE'RE AT A POINT WHERE WE'RE BRINGING THIS FORTH FOR PNZ AND COUNCIL TO MAKE A DECISION.

AND THEN WE'LL FOLLOW SUIT AS NEEDED.

BASED ON THAT DECISION.

MM-HMM.

COMMISSIONER FEDARKO, UM, OFFICER DIXON, I DON'T HAVE ANY QUESTIONS FOR YOU, BUT THANK YOU FOR DOING THAT UNDERCOVER WORK.

YOUR INFORMATION'S BEEN VERY VALUABLE.

AND OFFICER SLIVA, YOU SAID THAT THEY WERE IN THE PUNISHMENT PHASE WITH THE TABC.

DID I UNDERSTAND YOU CORRECTLY? YES, SIR.

THEY'RE IN THE PUNISHMENT PHASE BECAUSE THEY ASKED HER, I'M, I FORGET YOUR LAST NAME, MA'AM.

I'M CHAPMAN.

UH, MY COLLEAGUE, UH, MS. CHAPMAN THERE.

AND THEY SAID, I THOUGHT PRETTY CATEGORICALLY THAT THE ONLY PROBLEMS THEY'D HAD WITH ANY KIND OF AUTHORITY WAS WITH THE CITY OF GRAND PRAIRIE.

FOR THIS SUP, YOU'RE TELLING ME THAT TABC HAS BEEN NOTIFIED OF VIOLATIONS AND THEY'VE ALREADY KIND OF DONE AN INVESTIGATION, MADE A DETERMINATION, AND NOW THEY'RE IN THE PUNISHMENT PHASE WITH TABC? YES, SIR.

THAT IS CORRECT.

THAT'S, THAT'S A PRETTY BIG, THAT WAS HER, THAT WAS HER EXACT QUESTION.

ANY OTHER QUESTIONS? COMMISSIONERS? I THINK WE'VE PRETTY MUCH, UH, NARROWED THIS DOWN TO WHAT WE NEED TO DO HERE.

UH, THANK YOU SO MUCH AND THANK YOU YOU FOR YOUR SERVICE.

THANKS.

THANK YOU ALL FOR YOUR TIME, ESPECIALLY TODAY,

[01:35:01]

WE WE HAVE ANY MORE? WE HAVE SPEAKER CARD.

YEAH, WE HAVE, WE HAVE MORE SPEAKER CARDS.

UM, AND UH, THE FIRST ONE I HAVE IS KENT, AND I APOLOGIZE TO KENT.

I'M NOT GONNA MISPRONOUNCE HIS LAST NAME, BUT IT IS KENT AND HE WISHES JUST TO SPEAK IN OPPOSITION.

THANK YOU FOR YOUR PATIENCE, SIR.

STATE YOUR NAME AND ADDRESS FOR THE RECORD.

IT'S, UH, KENT WANGER, 37 42 OAK MEADOW DRIVE.

I AM ONE OF THE RESIDENTS THAT LIVES BEHIND MICKEY'S.

I HAVE CALLED 9 1 1 NUMEROUS TIMES.

AND LIKE THEY'VE SAID, IT'S NOT SO MUCH THE NOISE COMING FROM INSIDE, IT'S THE NOISE FROM THE PARKING LOT.

AND IT REALLY KIND OF GOT UNDER MY SKIN WHEN A SECURITY GUARD SAID, WE'RE NOT RESPONSIBLE FOR POLICING THE PARKING LOT.

WHO IS, THE PEOPLE THAT ARE IN THE PARKING LOT ARE AT YOUR BUSINESS AND YOU'RE NOT RESPONSIBLE FOR WHAT THEY DO WHILE YOU'RE AT YOUR BUSINESS.

THEY'RE AT YOUR BUS.

THEY, THEY ARE PATRONS.

IF THEY, IF YOU CAN'T CONTROL WHAT YOUR PATRONS DO, THEN YOU KNOW WHAT YOU SHOULD, YOU NEED TO MOVE YOUR BUSINESS ELSEWHERE.

AND WHY THEY'RE ALLOWED TO HAVE A BUSINESS LIKE THIS IN A RESIDENTIAL NEIGHBORHOOD.

I, I'D LIKE TO ASK THE OWNER, HOW WOULD YOU LIKE TO HAVE A CLUB LIKE YOURS RIGHT BEHIND YOUR HOUSE PLAYING AT ONE O'CLOCK OR TWO O'CLOCK IN THE MORNING? IT'S NOT, WHILE YOU'RE TRYING TO, YOU CAN'T, YOU CAN'T DO THAT, SIR.

YOU CAN'T.

I'M SORRY.

HOW, HOW MANY, HOW MANY YEARS HAVE YOU LIVED IN THE AREA, SIR? SINCE 2017.

AND BEFORE THAT, MY PARENTS OWNED THE HOUSE.

AND THEY, THEY LIVED THERE SINCE THE HOUSE WAS NEW.

SO BASICALLY YOU'RE SAYING THAT SINCE YOU'VE BEEN IN THERE, SINCE YOU'VE BEEN IN THE AREA, YOU HAVE MADE COMPLAINTS ON A CONSISTENT BASIS? YES.

AND THEY WOULD CHECK THE, THE REPORTS, UH, YOU, YOU WOULD BE ABLE TO SHOW CONSISTENCY ON, UH, REPORTING THESE COMPLAINTS? YES, YES.

ON ONE OCCASION THERE WAS A BAND PLAYING, PEOPLE PLAYING MUSICAL INSTRUMENTS IN THE PARKING LOT.

AND I'M LIKE, OKAY, .

IT'S JUST, IT'S GOTTEN, IT'S RIDICULOUS.

DO Y'ALL, YOU DON'T, YOU DON'T HAVE, DO YOU HAVE AN HOA IN YOUR AREA, SIR? NO, WE DON'T.

NO.

AND SO YOU'VE NEVER GOTTEN ALL THE NEIGHBORS TOGETHER TO COME TO, TO TALK TO THE CITY ABOUT IT? WELL, WE KIND OF HAVE, UM, AS THEY'D MENTIONED, PEOPLE THAT LIVE RIGHT ACROSS THE STREET FROM US WHO BOUGHT THE, THEIR HOUSE ONE TO TWO YEARS AGO, THEY'VE KIND OF BEEN ORGANIZING US, GETTING SOMETHING, TRYING TO GET SOMETHING DONE.

AND WE HAVE PUT UP FOR PUT UP WITH THIS FOR WAY TOO LONG.

AND IT JUST, IT'S GOTTEN TO THE POINT WHERE WE NEED TO DO SOMETHING.

I UNDERSTAND.

AND THANK YOU SO MUCH FOR COMING FORWARD.

'CAUSE IT'S IMPORTANT THAT YOU, YOU TELL US WHAT'S GOING ON BECAUSE YOU LIVE THERE.

AND THAT'S NOT SOMETHING THAT YOU'VE OBSERVED FROM AFAR.

AND YOU KNOW, I, LIKE COMMISSIONER SAID BEFORE, I, I MEAN, I'M ALL FOR, FOR BUSINESS.

IT'S JUST THIS TYPE OF A BUSINESS IN A RESIDENTIAL NEIGHBORHOOD.

I MEAN, WE WOULD LOVE TO HAVE A PLACE TO GO GET A DRINK, RELAX.

THERE'S NO REASON FOR A BUSINESS LIKE THIS TO BE OPEN THAT LATE IN A RESIDENTIAL NEIGHBORHOOD THAT BELONGS IN A COMMERCIAL NEIGHBORHOOD OR, YOU KNOW, SOMEWHERE ELSE.

YES SIR.

WELL, THANK YOU SO MUCH.

UH, SIR, YOU HAVE, YOU DON'T HAVE THE FLOOR.

UH, COMMISSIONER CHAPMAN? YES, SIR.

GOOD EVENING.

THANK YOU FOR COMING.

UM, HAVE YOU EVER VISITED ANY OF THE RESTAURANTS IN THE STRIP? YEAH, WE'VE ACTUALLY BEEN, UH, WE'VE BEEN INSIDE MICKEY'S ONCE, UM, , I DUNNO WHY WE WENT JUST TO KIND OF SEE, CHECK IT OUT.

UM, BUT I'VE BEEN TO THE, UM, THE GOOD DAY CAFE THAT'S ON THE, THE END OF THE STRIP.

VERY NICE RESTAURANT.

AND ALL THE OTHER BUSINESSES THAT ARE IN THAT STRIP I HAVE NO PROBLEM WITH.

JUST MICKEY'S .

AND ONE LAST QUESTION, SIR.

UM, AS IT PERTAINS TO COERCION, NO ONE ASKED YOU TO COME FORWARD.

YOU'VE DONE THIS ON YOUR OWN VOLITION, CORRECT? YES.

AND WE HAD NO IDEA ABOUT ANY LAWSUIT, AS YOU KNOW, UH, THEY STATED THESE CALLS HAVE BEEN COMING IN FOR TWO OR THREE YEARS.

IT'S NOT LIKE IT JUST STARTED.

I MEAN, THIS HAS BEEN AN ONGOING ISSUE.

WE'VE JUST PUT UP WITH IT FOR WAY TOO LONG.

WELL, WE THANK YOU FOR COMING FORWARD.

DOES ANYBODY ELSE HAVE ANY OTHER QUESTIONS? THANK YOU, SIR.

ALRIGHT, THANK YOU.

UH, THE NEXT CARD I HAVE IS, UH, FROM MARCIA WEAVER WHO WISHED TO SPEAK IN OPPOSITION.

HELLO, MS. WEAVER.

STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE.

THANK

[01:40:01]

YOU.

HELLO, MY NAME IS MARCIA WEAVER.

I LIVE AT 37 38 OAK MEADOW DRIVE RIGHT NEXT TO KENT.

UM, I HAVE LIVED IN THE HOUSE.

UH, MY HUSBAND, UM, OWNED IT BEFORE, YOU KNOW, BEFORE WE WERE MARRIED.

BUT, UM, I HAVE LIVED IN THE HOUSE FOR 20 YEARS MYSELF.

UH, SO I, I REMEMBER WHEN THERE WAS NO MICKEY'S, IT WAS QUIET, IT WAS NICE.

IT WAS A PEACEFUL NEIGHBORHOOD.

UM, I DON'T KNOW WHAT HER NAME WAS, BUT SHE'S THE MANAGER, IF YOU HEARD WHAT SHE SAID.

SHE'S ONLY BEEN THERE AS MANAGER FOR ONE YEAR.

SO, UM, SHE DOESN'T, SHE DOESN'T KNOW THE FULL, THE FULL HISTORY.

UM, I, I HAVE VIDEO, I HAVE PICTURES THAT I WOULD LOVE TO SHOW OF TEQUILA BOTTLES, UH, UH, BEER BOTTLES, BROKEN BOTTLES IN THE BACK IN MY BACKYARD.

I LIVE AT THE, WHERE THE PARKING LOT IS DURING THE DAY.

I MEAN, I'M SORRY, DURING THE EVENING.

UM, WE DON'T REALLY HEAR THAT MUCH OF THE, OF THE NOISE FROM THE BAR ITSELF.

NOW.

OUR NEIGHBORS AND MIKE MICHAEL, UM, THEY ARE THE ONES WHO, WHO CAN'T ALLUDE TO THAT MOVED INTO OUR NEIGHBORHOOD.

WE'VE BEEN PUTTING UP WITH THIS.

'CAUSE WE DIDN'T KNOW THAT WE HAD A CHOICE.

WE HONESTLY, YOU KNOW, WE'RE NOT, WE WE'RE, NOBODY IN THE NEIGHBORHOOD ARE POLITICAL PEOPLE.

WE'RE JUST, WE'RE JUST REGULAR CITIZENS.

AND SO WHEN THEY MOVED IN AND THEY STARTED THE, THIS LOUD MUSIC, UM, WE JUST THOUGHT WE HAD TO PUT UP WITH IT.

YOU KNOW, WE TALK, THE NEIGHBORS TALK, WE COMPLAIN, YOU KNOW, HEY, DO YOU KNOW, AND THIS IS NOT, THIS IS NOT MIDNIGHT.

I'M TALKING ONE O'CLOCK, TWO O'CLOCK IN THE AFTERNOON, I MEAN, SORRY, IN THE, IN THE MORNING.

IN THE MORNING.

AND, YOU KNOW, WE DIDN'T KNOW WE HAD A CHOICE.

THIS, THIS BAR MOVED IN AND FIRST IT WAS A RESTAURANT.

AT LEAST WE THOUGHT IT WAS A RESTAURANT.

AND, AND THEN IT GOT LOUDER.

AND IT GOT LOUDER AND IT GOT LOUDER.

AND, AND WE JUST DIDN'T KNOW.

I MEAN, YOU KNOW, CALL US STUPID.

I DON'T KNOW.

BUT I DIDN'T KNOW WE COULD DO ANYTHING ABOUT IT.

AND, UH, OUR NEIGHBORS, MICHAEL AND MICHAEL, THEY MOVED IN ACROSS THE STREET.

THEY, THEY, AND THE FIRST THING THEY SAID IS, WHAT THE HECK IS GOING ON? YOU KNOW, WE, WHEREVER THEY CAME FROM, ADDISON, I BELIEVE WE, WE DON'T HAVE TO PUT UP WITH THIS.

AND SO THEY ARE THE ONES WHO STARTED TALKING TO THE NEIGHBORS AND SAYING, WE NEED TO DO SOMETHING ABOUT THIS.

AND SHE SAID, SHE ALLUDED TO THAT WE KNEW ABOUT SOME KIND OF A LAWSUIT.

AND IT ONLY STARTED, COMPLAINTS STARTED BECAUSE OF THE LAWSUIT.

THAT IS NOWHERE NEAR THE TRUTH.

WE HAD NO IDEA THERE WAS EVEN A LAWSUIT.

WE HAD NO IDEA HOW TO, HOW, YOU KNOW, THAT WE COULD DO ANYTHING ABOUT IT.

SO THEY STARTED TALKING AND WE STARTED, AND, AND IF YOU LOOK, IF YOU CAN, YOU KNOW, I DON'T KNOW HOW HOW FAR BACK THE 9 1 1 CALLS GO, BUT THEY DIDN'T START IN 2022 OR EVEN 2020.

THEY'VE, THEY'VE, I'VE BEEN CALLING THE POLICE ON SINCE I MOVED IN, YOU KNOW, NOT ALL THE TIME, BUT WE'VE HAD TO PUT SECURITY CAMERAS IN OUR BACKYARD.

IN OUR BACKYARD.

MOST PEOPLE DON'T HAVE SECURITY CRAP.

CAMERAS IN OUR BA IN THEIR BACKYARD.

WE HAVE TO, BECAUSE WE'RE TRYING TO SEE WHERE ARE THESE BOTTLES COMING.

AND I'M NOT TALKING JUST LITTLE BOTTLES OF TEQUILA.

I'M TALKING FIFTHS OF TEQUILA.

MY, THE OTHER THING I WANTED TO SAY IS YOU ASKED HOW FAR THE, THE BACKYARD MM-HMM .

IS MY, I DON'T KNOW IF YOU KNOW WHERE WE'RE TALKING ABOUT, BUT OUR BACKYARDS ARE VERY NARROW AND LONG.

SO FROM WHERE YOU'RE SITTING TO WHERE I'M MY, THE BRICK OF MY HOUSE AND WHERE YOU'RE SITTING IS THE BACK OF OUR BACKYARD.

SO THAT'S HOW CLOSE IT IS.

I HAVE A SWING SET FOR MY GRANDCHILDREN AND I'M, I'M STARTING TO CRACK.

MY VOICE IS STARTING TO CRACK BECAUSE IT REALLY UPSETS ME.

BUT IMAGINE HAVING TO GO OUT IN YOUR BACKYARD WHEN YOUR GRANDCHILDREN WANT TO GET ON THEIR SWING SET AND HAVING TO GO POLICE THE BACKYARD AND MAKE SURE THERE'S NO BROKEN LIQUOR BOTTLES OR NO BOTTLE, ANY KIND OF BOTTLES BACK THERE.

WE HAVE HAD BOTTLES THROWN AGAINST OUR BRICK WALL.

A WHERE WE'VE HAD, I STILL FIND GLASS FROM IT.

EXCUSE ME.

I HAVE TO GO OUT AND, AND CHECK TO MAKE SURE THERE'S NO LIQUOR BOTTLES.

AND I'M NOT TALKING JUST BEER

[01:45:01]

BOTTLES.

I'M TALKING HARD LIQUOR.

SO THEY ARE A BAR AND QT SELL ALCOHOL.

I THOUGHT THE LAW IS YOU CAN'T DRINK ALCOHOL IN PARKING LOTS WITHIN A CERTAIN AMOUNT OF, OF, YOU KNOW, AREA.

UM, QT DOESN'T SELL HARD LIQUOR.

SO THEY'RE EITHER BRINGING IT IN THEIR VEHICLES OR THEY'RE BRINGING IT OUT OF THE BAR.

AND IT'S NOT A RESTAURANT BAR, IT'S A BAR.

IT'S, IT'S A BAR.

AND THE ONLY REASON THEY STARTED SELLING, UM, UM, FOOD, FOOD WAS BECAUSE THEY WERE ALERTED TO THE FACT THAT WE WERE ALL STARTING TO QUESTION WHY IS THERE A BAR IN OUR NEIGHBORHOOD? SO IF I WOULD INVITE ANY OF YOU TO COME TO OUR NEIGHBORHOOD, OAK MEADOW DRIVE, COME AT MIDNIGHT, ONE O'CLOCK IN THE MORNING, TWO O'CLOCK IN THE MORNING, I WOULD LOVE FOR IT.

WE WILL BE OUTSIDE.

YOU CAN HEAR THE MUSIC.

I HAVE THANK, THANKFULLY FOR, UH, FOR, UM, OFFICER DIXON.

HE, HE GAVE US A DECIMAL.

THEY THEY WERE TALKING ABOUT A NOISE.

SO THE, I BELIEVE THE LEGAL LIMIT IS, AND, AND I DON'T QUOTE ME, BUT I BELIEVE IT'S 60 DECIMALS DEC I DON'T, I DON'T KNOW ALL OF IT.

BUT I BELIEVE IT'S 60 AFTER 10 O'CLOCK AT NIGHT.

I HAVE PICTURES ON MY PHONE THAT IF Y'ALL WOULD LIKE TO SEE OF 72 AT TWO O'CLOCK IN THE MORNING.

BUT WE ARE, WE ARE SO SORRY THAT YOU HAVE 72 HAVE HAD TO GO THROUGH THIS, YOU KNOW, BECAUSE YOU HAVE A RIGHT TO YOUR PRIVACY.

YOU HAVE A RIGHT TO HAVE A PEACEFUL HOME.

YOU KNOW, SO THAT IS WHY WE ARE HERE YES.

TO TO TO LISTEN.

EVERYBODY EV TO BE FAIR, EVERYONE HAS BE ABLE TO SAY WHATEVER THAT THEY HAVE TO SAY, BUT AT THE END OF THE DAY, WE WANT TO TRY TO DO WHAT'S RIGHT FOR EVERYONE.

AND, AND YOU KNOW, MY HUSBAND HAS A LITTLE SMALL BUSINESS.

I'M NOT AGAINST SMALL BUSINESS AT ALL, AT ALL.

BUT WE HAVE PLACES IN THIS CITY THAT ARE ENTERTAINMENT DISTRICTS.

WE HAVE PLACES THAT HAVE PLACES FOR, THEY, THEY CAN HAVE A BAR, THEY CAN HAVE, DO A DANCE FLOOR, THEY CAN DO.

AND THE DANCING'S, WE DON'T CARE ABOUT DANCING.

IT'S THE NOISE, IT'S THE LIQUOR BOTTLES, IT'S THE TRASH IN THE PARKING LOT.

IT'S, IT'S ALL OF THAT.

YOU KNOW, THAT'S WHAT WE HAVE A COMPLAINT ABOUT, THAT WE CAN'T EVEN, WE CAN'T EVEN, I CAN'T GO ON VACATION BECAUSE I'M AFRAID OF WHAT'S GONNA HAPPEN IN MY BACKYARD.

I MEAN, YOU KNOW, IT'S, IT'S, YES MA'AM.

THE OTHER THING I'M AFRAID OF, AND HE SAID THAT'S TRUE.

WE HAVE NOT HAD A SHOOTING IN THE PARKING LOT YET, RIGHT? YET.

THAT'S THE KEY WORD.

AND MY BACK, MY BEDROOM IS IN THE BACK OF THE HOUSE, SO SOME NIGHTS I LITERALLY LAY DOWN IN THE BED AND I PRAY THAT I'M NOT GONNA GET A BULLET THROUGH MY COMING THROUGH MY WINDOW.

WELL, I'M SO SORRY TO HEAR THAT.

DO WE C CAN COMMISSIONERS, DOES ANYBODY COMMISSIONER HAVE ANY OTHER QUESTIONS? I THINK YOU HAVE BEEN VERY CLEAR AS TO YOUR POSITION AND WE THANK YOU SO MUCH FOR, UH, SHARING THAT WITH US.

AND WE'RE SO SORRY THIS HAS HAPPENED TO YOU.

AND AGAIN, I WILL WELCOME ANY ONE OF YOU GUYS TO COME.

COME AT ONE O'CLOCK IN THE MORNING, SEE FOR YOURSELVES.

THANK YOU SO MUCH.

THANK YOU FOR YOUR COMMENTS.

UH, I HAVE ANOTHER SPEAKER CARD FROM, UH, MICHAEL BOLTER WHO WANTED TO SPEAK IN OPPOSITION.

THANK YOU, SIR.

STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE.

SURE.

MY NAME IS MICHAEL ANA, 37 47 OAK MEADOW DRIVE.

AND MY NAME IS MICHAEL BALTER, 37 47 OAK MIDDLE DRIVE.

AND WE LIVE, IT'S OUR HOUSE.

SO THEY CAN HAVE ONE CARD, THE TWO OF THEM.

RIGHT ACROSS THE STREET ON THE, ON OAK MEADOW DRIVE.

ACTUALLY MIKE MICHAEL VIANNA FILLED OUT A CARD TOO.

SO YOU, YOU HAD TO FILL OUT, OUT CARD TOO, SIR? NO, HE, HE DID.

HE DID.

OH, YOU DID.

I JUST, I JUST HADN'T CALLED HIS NAME YET.

OH, OKAY.

OKAY, GREAT.

OKAY, GO AHEAD.

UM, WE JUST, UM, MR. MR CHAIRPERSON, THANK YOU SO MUCH FOR HEARING US TODAY.

WE REALLY APPRECIATE Y'ALL Y'ALL'S TIME.

ESPECIALLY ON, ON A DAY LIKE, LIKE TODAY AT NINE 11.

UM, WE ARE FAIRLY NEW TO THE NEIGHBORHOOD.

WE'VE BEEN, BEEN MOVED IN THERE ABOUT TWO, TWO YEARS NOW.

AND, UM, AND YES, WE, WHEN WE MOVED IN, WE DID FIRST, FIRST NIGHT THERE WE COULD FEEL, UM, THE VIBRATION.

SO WHERE OUR NEIGHBORS LIVE, THEY LIVE RIGHT ON THE, THE BORDER OF MICKEY'S BAR.

WE'RE RIGHT ACROSS THE STREET, ACTUALLY, LIKE

[01:50:01]

AND WE COULD FEEL THE BASE OF THE BAR COMING IN.

SO THEY'RE, THEY'RE MORE ON THE PARKING LOT SIDE.

WE ARE ACTUALLY LIKE RIGHT BEHIND THE BAR ITSELF WHEN OTHER SIDE OF THE STREET.

UM, OFFICER DIXON, WE THANK THE POLICE DEPARTMENT OF GRAND PRAIRIE.

THEY WERE VERY QUICK ACTION ONCE WE WERE, WE SENT THE CITY, UH, MICHAEL SENT THE CITY EMAIL TO THE CITY MANAGER AND WE ALSO ATTENDED THIS, THIS TOWN HALL MEETING AS WELL, UM, THIS YEAR.

AND OUR, UM, YOU KNOW, WE LIVE IN DISTRICT TWO IN GRAND PRAIRIE AND OUR, AND OUR DISTRICT LADY, YOU KNOW, HEARD OUR COMPLAINTS AND WE HAVE, UH, VIDEOS AND PICTURES OF THE SOUND OF HOW ALADE POST PART IS.

WE'VE NEVER CALLED THE POLICE ON THE, THE NOISE ON A TUESDAY NIGHT.

SO ON TUESDAY NIGHTS, WE, WE HAD NO REASON TO CALL THE POLICE ON TUESDAY NIGHTS BECAUSE OUR NEIGHBORHOOD IS SO QUIET AND SO PEACEFUL ON TUESDAYS.

UM, SO I JUST, I JUST WANNA ADDRESS THAT FIRST, FIRST OF ALL.

UM, SOMETHING ELSE.

UM, YEAH, SO SINCE OUR HOUSE IS DIRECTLY BEHIND THE BAR ON THE OTHER SIDE OF THE STREET, WE FEEL THE VIBRATIONS THROUGH THE WALL.

LIKE HE SAID, WE HAVE A GUEST, UH, GUEST BEDROOM AT THE FRONT OF THE HOUSE FACING THE BAR.

AND OUR GUEST CAN WAKE UP IN THE NIGHT AND LIKE, HEAR THE MUSIC OR FEEL THE MUSIC WHEN THEY'RE SLEEPING, TRYING TO SLEEP.

UM, ALSO REASON WHY WE ALSO WENT TO THE TOWN, THE TOWN HALL MEETING, 'CAUSE WE WANTED TO ASK OUR COUNCIL LADY WHAT IS CONSIDERED TO BE A, A, A RESTAURANT IN A BAR AND GRILL, UM, AS COMPOSED TO A NIGHTCLUB BECAUSE WE'VE CHECKED OUT MICKEY'S FACEBOOK AND WE HAVE SEEN, UM, THAT THEY DO COVER CHARGE, COVER CHARGES FOR SPECIAL, UH, FOOTBALL EVENTS.

UM, TO ME THAT SOUNDS LIKE A NIGHTCLUB.

IF YOU'RE CHARGING COVERAGE CHARGE TO COME IN $5 COVER CHARGE.

UM, ALSO YOU COULD, YOU COULD SEE THAT PEOPLE ARE UP DANCING AND, AND HOOT AND HOLLERING WITH THE DJ GOING ON.

UM, WE FIRST MOVED TO THE, TO OUR HOUSE AT THE BEGINNING OF TWO OF 2022.

AND I DID GO INTO MICKEY'S BAR AND UM, AND WENT TO THE, TO THE BAR, TO THE BARTENDER AND I, AND WE WERE TRYING TO EAT OUR DINNER AND IT WAS SO LOUD IN OUR HOUSE.

WENT TO THE MICS BAR AND ASKED HIM, PLEASE, PLEASE, PLEASE, CAN YOU PLEASE LOWER YOUR MUSIC? IT'S SO LOUD.

I CAN'T ENJOY MY DINNER.

WE JUST MOVED IN THE NEIGHBORHOOD.

WE WANT TO BE NEIGHBORLY AND WORK WITH YOU GUYS.

AND SHE WAS LIKE, WELL, WE'VE BEEN HERE FOR FIVE YEARS AND I SEE WHAT WE COULD DO, BUT I CAN'T PROMISE ANYTHING.

THAT'S WHAT THE BARTENDER LADY TOLD ME.

SHE SAID THE MANAGER PERSON WASN'T THERE.

SO WHEN I LEFT, I LOOKED BEHIND ME AND THEY WERE LAUGHING AT ME, WHATEVER.

SO I LEFT.

UM, AND THAT'S WHEN WE REALLY STARTED GETTING WITH THE CITY PEOPLE.

AND THEN WE TRIED TO GET WITH OUR LOCAL NEIGHBORS TO TRY TO RALLY EVERYBODY UP.

WE DON'T HAVE AN HOA THERE, SO WE HAVE TO DO IT IN SOLIDARITY WITH OURSELVES.

SO DID YOU, YOU SAID YOU SPOKE TO THE COUNCILWOMAN HEAT, IS THAT HEATON? YES.

MS. HEATON? YES.

YES, YES, WE HAVE.

AND WE ALSO SHOWED HER A PICTURE, SO WE ALSO GAVE HER COPIES.

UM, DID SHE SAY SHE WAS GONNA GET BACK INTO TOUCH WITH YOU OR HAVE YOU HEARD FROM HER SINCE THEN? WE HAVE NOT HEARD BACK FROM HER SINCE THE TOWN HALL.

BUT DID, SHE DID MENTION THERE'S LIKE, WE DIDN'T LOOK INTO IT, BUT SHE DIDN'T MENTION THERE'S LIKE A GRANT PROGRAM TO MOVE LIKE TO THE MAIN STREET AREA.

FOR SMALL BUSINESSES.

UM, I DON'T KNOW.

THAT'S JUST OFF WHAT SHE SAID.

I DON'T KNOW ANYTHING ABOUT THAT.

YEAH, I DON'T, DON'T WANNA SHUT MONKEYS DOWN, BUT I JUST WISH THAT THEY JUST DIDN'T HAVE LIKE, AND THEY HAVE THESE BIG SPEAKERS THAT LIKE ON THE GROUND MM-HMM .

AND I FEEL, I FEEL, I FEEL LIKE THESE BIG HUGE SPEAKERS THAT ARE ON THE GROUND IS COSTING A LOT OF THE BASE THAT WE'RE FILLING.

AS WELL.

WELL, LET, LET ME CHECK TO SEE IF, AND THE COMMISSIONERS HAVE ANY QUESTIONS.

COMMISSIONER MADDEN, DOES ANYBODY HAVE ANY QUESTIONS? I THINK THAT YOU HAVE GIVEN US A FULL PICTURE OF WHAT WE NEEDED TO KNOW AND WE ARE SO SORRY THAT YOU'VE HAD TO EXPERIENCE THIS BECAUSE YOU DON'T DESERVE THAT, BUT YOU REALLY DON'T.

AND, UM, THANK YOU MADAM.

WE WILL SEE WHAT, WHAT HAPPENS NEXT.

ANY MORE SPEAKER CARDS? NO, MADAM CHAIR.

UM, ANY DISCUSSION? COMM MORE DISCUSSION COMMISSIONERS? DOES ANYBODY? OKAY.

DO WE WANNA JUST GO AHEAD AND DO AN UP AND DOWN, UP AND DOWN VOTE? ARE WE GONNA, ARE WE GOING TO, WHAT IS GONNA BE YOUR RECOMMENDATION? YOU GONNA DO UP AND DOWN? ARE YOU GONNA DO TAKE, WHAT ARE YOU GONNA TABLE? WHAT ARE WE GONNA DO UP AND DOWN? I'LL MAKE A MOTION.

ALRIGHT.

WELL, I WOULD LIKE TO MAKE A MOTION TO CLOSE THE PUBLIC HEARING ON SEP 2 3 0 8 0 0 2 8 SPECIFIC USE PERMIT FROM MICKEY'S SPORTS BAR AND GRILL.

AND I MOVE THAT WE, UM, DENY THEIR APPLICATION.

SECOND, WE HAVE A MOTION ON THE FLOOR TO DENY, UM, ITEM SIX BY COMMISSIONER EDDEN AND A SECOND BY COMMISSIONER GONZALEZ.

I'M A FEDOR, I'M SORRY.

TIRED.

ALL IN FAVOR, PLEASE RAISE YOUR HAND.

IS THAT UH, EIGHT? YEAH, WE HAVE ONE ABSTAINED 8 8 8 DENIED.

AND, UH, HOW MANY TO EIGHT TO DENIED IT? YOU DENIED IT? YEAH.

WHAT TWO DENIED.

TWO DENIED.

SO THAT'S, UM, SEVEN DENY AND TWO TO APPROVE.

SO THE MOTION PASSES, THE DENIAL PASSES

[01:55:02]

SEVEN.

MOTION TO DENY AND TWO TO, DID NOT FOLLOW THAT MOTION.

CORRECT.

I'M SORRY IF I DIDN'T SAY THAT CORRECTLY.

OH, YOU'RE GOOD? YEAH.

EVENING, MADAM CHAIR COMMISSIONERS CHRISTINA BEN PLANNER.

ALL RIGHT.

UH, NEXT CASE PLEASE.

UM, OKAY.

GOOD

[7. VCC-23-08-0004 - Unified Signage Plan - QuikTrip (City Council District 2). Unified Signage Plan to allow a pole sign, to exceed the maximum allowable height for a single-tenant monument sign, to allow gasoline price sign on a pole sign, and to exceed the maximum gasoline price sign area requirements. Tract 6 ACS 1.9045, Benjamin F Smith, Abstract No. 1377, Pg 505, City of Grand Prairie, Dallas County, Texas, zoned PD-16, within the IH-20 Corridor Overlay District, generally located on the southeast corner of IH-20 and S Belt Line Road, and addressed at 4005 S Belt Line Road]

UH, ITEM NUMBER SEVEN IS FOR A UNIFIED SIGNAGE PLAN FOR QUICK TRIP.

THE PROPERTY IS LOCATED AT 4 0 0 5 SOUTH BELINE ROAD.

THE ZONING IS PLANNED DEVELOPMENT 16 AND IS, AND THE LOCATION IS ALSO WITHIN IH 20, UH, CORRIDOR OVERLAY DISTRICT.

THE APPLICANT IS REQUESTING FOR VARIANCES TO THE UNIFIED SIGN, UH, DEVELOPMENT CODE.

THE FIRST VARIANCE IS FOR A PROHIBITED SIGN.

THE SECOND VARIANCE IS TO ALLOW A 45 FOOT SIGN.

UM, AFTER THE BRIEFING, UH, STAFF DID INQUIRE.

WE LOOKED AT A GOOGLE STREET VIEW KNOWING THAT THE TELEPHONE POLE WAS AT 50 FEET AND DETERMINED THAT THE OTHER, UH, IT'S, IT'S NO LONGER A RACETRACK.

THERE'S ALSO A JACK IN THE BOX, A SHELL, A CIRCLE K, AND A, UH, WAFFLE HOUSE.

UH, SIGNS ARE ALL ABOUT 50, UH, FEET.

AND ALSO THE APPLICANT IS HERE AND QUICKTRIP ALSO DID A STUDY AND HE CONFIRMED THAT YES, THEY ARE 50 FEET OR GREATER.

THIS SIGN IS 45 FEET A VARIANCE TO ALLOW A GASOLINE, GASOLINE SIGN, SIGNAGE ON A PULL ON A POLE SIGN.

AND LASTLY, THE FOURTH VARIANCE IS TO ALLOW A GASOLINE SIGNAGE PRO SIGN 50, UH, 0.7 SQUARE FEET.

UM, AND THE IMAGE YOU SEE IS A NOT, UH, TYPICAL OF A QT SIGN.

IT HAS A SOLID BASE WITH ADDITIONAL MASONRY.

SO THEY ENHANCE THE DESIGN AND THE DEVELOPMENT COMMITTEE, UM, IS UNABLE TO SUPPORT THIS REQUEST BECAUSE IT DOES NOT MEET THE UNIFIED DEVELOPMENT CODE UDC REQUIREMENTS.

THAT CONCLUDES STAFF'S PRESENTATION.

I'M HAPPY TO ANSWER ANY QUESTIONS.

COMMISSIONER MADDEN.

SO JUST A QUICK QUESTION.

IF YOU GO BACK ONE SLIDE WITH THE IMAGE, IS IT WHERE IT SHOWS THE DIESEL CREDIT? IS THAT JUST, DOES THAT ENTER, IS THAT INTER, LIKE DOES THAT SWITCH OFF AND ON FROM THE YES, MA'AM.

THANK YOU COMMISSIONERS.

ANY OTHER QUESTIONS? THINK YOU DID A REALLY GOOD JOB IN EXPLAINING IT DURING THE BRIEFING.

, THANK YOU.

CHAIR.

YES, I THINK THAT'S IT.

WE HAVE A, WE HAVE A SPEAKER CARD.

ANY QUESTIONS? COMMISSIONER GONZALEZ? YES.

YES, MADAM CHAIR.

IT'S, UH, ONE SPEAKER CARD FROM THE APPLICANT.

COREY VAUGHN.

HELLO THERE.

HOW ARE YOU? HELLO, HOW ARE YOU? GOOD EVENING.

STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE.

MY NAME IS COREY VAUGHN.

UM, I'M A REAL ESTATE PROJECT MANAGER WITH QUIKTRIP.

WE'RE AT 8,700 FREEPORT PARKWAY IN IRVING, TEXAS 7 5 0 6 3.

UM, I'D LIKE TO THANK YOU FOR YOUR TIME TONIGHT.

COMMISSIONERS AND STAFF.

UH, MS. CHRISTINA DID A WONDERFUL JOB PRESENTING FOR US AND SHE'S BEEN, UH, WONDERFUL TO WORK WITH THE WHOLE TIME.

WE'RE EXCITED ABOUT, UH, NEWLY PROPOSED QUICKTRIP IN THE CITY OF GRAND PRAIRIE.

UM, I DO HAVE A PRESENTATION, BUT IN LIGHT OF THE TIME, I AM MORE THAN HAPPY TO ANSWER ANY QUESTIONS THAT YOU GUYS MAY HAVE.

COMMERS.

A QUESTION.

THANK YOU AGAIN FOR, YOU KNOW, FOR YOUR OBSERVATIONS.

UH, I'D LIKE TO KNOW, UH, YOU SAID YOU DID A STUDY YES.

WITH THE OTHER SIGNS.

CAN YOU JUST EXPAND A LITTLE BIT MORE ON THAT? YEAH, SO REALLY QUICKLY, WE DO WHAT WE CALL A SIGN RIDE.

AND SO WHAT WE DO IS WE TAKE A CRANE AND WE PUT IT ON DIFFERENT POSITIONS OF OUR PROPERTY AND THEN WE RAISE IT AT DIFFERENT HEIGHTS AS WELL.

AND THEN WE DRIVE THE HIGHWAY FRONTAGE, OR A HIGHWAY OF WHERE WE WANT TO SEE IT FROM, DIFFERENT INTERSECTIONS, AND WE MEASURE THE DISTANCE OF HOW FAR WE CAN SEE IT AT DIFFERENT HEIGHTS.

AND WHEN WE DID THIS, THIS IS HOW WE CAME UP WITH THE 45 FOOT SIGN AND BEING GOOD NEIGHBORS WITH, UM, THE OTHER BUSINESSES, WE COULD SEE THE JACK IN THE BOX SIGN, UH, FROM, FROM THE EXIT.

AND BECAUSE TXDOT HAS SUCH A BIG FRONTAGE, UH, WE SIT INSIDE OF IT, WE SIT JUST UNDER IT SO WE WOULDN'T IMPEDE THEIR SIGN AS WELL.

THAT'S, THAT EXPLAINS IT ALL.

WELCOME TO GRAND PRAIRIE.

UH, ANY OTHER QUESTIONS? COMMISSIONERS? COMMISSIONER CHAPMAN? YEAH, I JUST WANNA SAY, UH, MR. VAUGHN, THANK YOU SO MUCH FOR THE

[02:00:01]

I THINK THAT, YEAH, THAT IS NICE.

PLEASURE.

IT IS NICE.

IT IS A VERY NICE SIGN.

WELL, WE WORK WITH STAFF AND WE WENT BACK AND FORTH WITH SEVERAL OPTIONS TO MAKE SURE THAT IT WAS OUR AESTHETICALLY PLEASING AND NOT JUST OUR TRADITIONAL SIGN.

ANY OTHER QUESTIONS? THANK YOU SO MUCH FOR COMING.

ANY OTHER SPEAKER CARDS? WE GOOD? NO, MADAM CHAIR.

UM, ANY OTHER DISCUSSION? UM, COMMISSIONERS MAKE A MOTION.