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UH, GOOD MORNING LADIES AND GENTLEMEN.
[ Permit and License Appeal Board on September 21, 2023.]
WELCOME TO THE HEARING OF THE PERMIT AND LICENSE APPEAL BOARD FOR THE CITY OF DALLAS.IT IS NOW, UH, 8 49 ON THURSDAY, SEPTEMBER 21ST, 2023.
WE HAVE, UH, TWO HEARINGS ON TODAY'S AGENDA.
THE FIRST FOR SUE ELLEN'S APPEALING THE DENIAL OF A LATE HOURS PERMIT.
AND V B A APARTMENTS APPEALING THE NOTICE OF A FINAL DETERMINATION AS A HABITUAL CRIMINAL PROPERTY.
UH, AT THIS TIME, I WILL DO A ROLL CALL.
IF YOU ARE PRESENT, PLEASE SAY HERE.
UH, AND IF YOU ARE ONLINE, PLEASE, UH, MAKE SURE YOU HAVE YOUR CAMERAS TURNED ON.
SO ABSENT FROM TODAY'S HEARING.
WHAT ABOUT ILLA? OKAY, SO I, A LITTLE BIT CONFUSED.
UM, WE DO HAVE A QUORUM PRESENT AND THE MEETING IS NOW CALLED TO ORDER.
WILL THE OTHERS PRESENT AT TODAY'S HEARING? PLEASE INTRODUCE YOURSELVES, STARTING WITH, UH, THE BOARD'S GENERAL COUNSEL.
I'M THE BOARD COUNSEL WITH THE, UH, UH, CITY ATTORNEY'S OFFICE.
AND, UH, WHO DO YOU HAVE WITH YOU TODAY? I AM MARISSA HINES AND I'M ALSO WITH THE CITY ATTORNEY'S OFFICE.
UH, AND FROM THE CITY SECRETARY'S OFFICE, MEBA SAVA MARTINEZ, DONNA BROWN.
UM, AND FOR THE FIRST HEARING, UM, SUE S WHO DO WE HAVE, UH, REPRESENTING THE POWELL? UH, GOOD MORNING, MR. CHAIR.
THIS IS JIM BIRCH, UH, WITH STEPTOE AND JOHNSON.
I'M REPRESENTING, UH, ISAAC CORPORATION, D B A, SUE ELLENS.
AND, UH, WHO ARE THE WITNESSES THAT YOU HAVE WITH YOU TODAY? UH, THE, THE, THE PRINCIPAL WITNESS WILL BE MS. CHRIS STON, UH, BUT ALSO ATTENDING FOR SUE ELLENS ARE MIKEY GWYNN.
MIKEY GWYNN, WHO IS, UH, THE, UH, PRINCIPAL OWNER OF THE CORPORATION NOW.
UH, MS. KATHY JACKS, WHO IS THE, UM, UH, OPERATIONS, UH, MANAGER.
UH, AND, UH, BEN HICK, WHO IS THE, UH, C F O FOR ISAAC.
AND, UH, FOR, UH, WHO IS THE CITY ATTORNEY FOR THE FIRST ROOM? DAVID WILKINS.
MR. CHAIR AND OUR ONLY WITNESS, THE CITY'S ONLY WITNESS, THE DETECTIVE GERARDO MONTREAL.
AND FOR THE SECOND HEARING, B B A APARTMENTS, UH, WHO DO WE HAVE REPRESENTING THE APPELLANT? ARE THEY, OR GONE? GOOD.
UM, I'M THE ATTORNEY ON BEHALF OF THE APPELLANTS, AND I AM JOINED BY, UM, ONE WITNESS, MR. JOSH CRAVEN, ALTHOUGH I BELIEVE HE'S HAVING A BIT OF TECHNICAL DIFFICULTY LOCKING ON, UH, WHICH WE'RE WORKING TO RESOLVE.
AND I'M, I'M SORRY, COULD I GET YOUR LAST NAME AGAIN? OF COURSE.
IT'S SINGAPORE, S AS IN SAM, I N AS IN NANCY, G A P AS IN PETER, U R A.
AND FOR SOME REASON I DON'T SEE
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THE, UM, BUT I'M SURE I WILL.I, I FEEL THAT, UH, AND THE CITY ATTORNEY FOR THE SECOND HEARING.
GOOD MORNING, ZI BONILLA FOR THE CITY OF BONILLA? YES, SIR.
AND, UH, WHICH WITNESS HAVE I HAVE, UH, DETECTIVE NICK SIK AND SENIOR CORPORAL OFFICER JOSHUA BROOKS.
THERE WILL ALSO BE A SECOND CHAIR ATTORNEY REPRESENTING NAOMI GREEN.
UH, AND JUST A REMINDER THAT ANYBODY WHO IS PARTICIPATING IN THE HEARING, UH, IF YOU'RE ONLINE, YOU DO NEED TO HAVE YOUR VIDEO AND AUDIO ON ANYTIME YOU'RE ADDRESSING THE BOARD.
AND, UH, BOARD MEMBERS, YOU DO NEED TO HAVE YOUR VIDEO ON ANY TIME TO BE COUNTED.
UM, ITEM NUMBER ONE ON OUR AGENDA IS, UH, PUBLIC TESTIMONY.
BUT I UNDERSTAND, AND IT APPEARS THAT WE HAVE NO SPEAKERS REGISTERED TO ADDRESS THE BOARD WITH, UH, UH, ITEM NUMBER TWO WILL BE APPROVAL OF MINUTES FROM THE LAST MEETING, UH, THE MEETING ON JULY 20TH, 2023.
UH, IS THERE A MOTION TO APPROVE THE MINUTES OR A MOTION REGARDING THE MINUTES FROM JULY 20TH, 2023? I MOVE THAT WE ACCEPT THE MINUTES FROM THE MEETING.
PREVIOUS MEETING, UM, I DON'T HAVE THE DATE.
SO THERE'S A MOTION BY MR. QUINT TO, UH, ACCEPT TO APPROVE THE MEETING MINUTES FROM JULY 20TH, 2023.
IS THERE A SECOND? SECOND BY MR. A.
UH, IS THERE ANY DISCUSSION MR. QUINT? ANY DISCUSSION? NO, SIR.
UH, ANYBODY WHO WOULD LIKE TO SPEAK ON THE MOTION? NO.
UM, IF THERE'S NO DISCUSSION, THEN WE WILL VOTE ALL THOSE IN FAVOR OF THE MOTION.
MR. QUINT'S MOTION TO APPROVE THE MEETING.
ALL THOSE OPPOSED, PLEASE SAY NAY.
UH, ITEM NUMBER THREE IS ONE, UH, THAT I PUT ON THE AGENDA, AND IT IS CONSIDERATION OF AN OPEN LETTER TO PARTIES APPEARING BEFORE THE PERMIT AND LICENSE APPEAL BOARD TO PROVIDE SUGGESTIONS FOR THOSE PARTIES TO EFFICIENTLY PRESENT THEIR CASE TO THE BOARD.
UM, THE LETTER, I BELIEVE, HAS BEEN CIRCULATED TO THE BOARD BY THE CITY SECRETARY'S OFFICE AND WAS POSTED IN THE AGENDA.
UM, I WOULD LIKE TO DISTRIBUTE THIS LETTER, UH, VIA THE PERMIT AND LICENSE BILLBOARDS WEBSITE, AND, UH, WANTED TO MAKE SURE THAT THE LETTER HAD BEEN CONSIDERED BY THE BOARD AND, UH, THAT, UH, WE GET ANY FEEDBACK ON THE LETTER ON ADDITIONS OR SUBTRACTIONS OR MODIFICATIONS OF THE LETTER.
SO, UH, I AM OPEN TO ANY DISCUSSION.
UM, DOES ANYBODY HAVE ANY DISCUSSION TO OFFER ON THE OPEN LETTER? ALRIGHT, LET'S TRY AGAIN.
I WANNA, I WANNA COMMEND THE CHAIRMAN ON THE CONTENTS OF THE LETTER, PARTICULARLY THE EMPHASIS ON STICKING TO WHAT'S IMPORTANT
ANYBODY ELSE, UH, HAVE ANYTHING TO OFFER OR DISCUSS ON THE LETTER?
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UH, SO, UH, SORRY, WOULD NOT NOTHING DOING THIS IN PRIVATE, MS. TORRES HAD ASKED ME IF THE LETTER MENTIONED THAT, UM, PARTIES APPEARING COULD WATCH VIDEOS OF, UH, PREVIOUS MEETINGS AND THAT, THATUH, IS IS THERE A MOTION? YEAH, I'D LIKE TO MAKE A MOTION CHAIR.
I'D LIKE TO MOVE THAT WE DISTRIBUTE THIS, UM, OR PUT IT ON THE WEBSITE AND MAKE IT AVAILABLE TO ANYONE.
I MEAN, BEFORE THE BOARD, BECAUSE IT IS USEFUL TOOL FOR THEM, ESPECIALLY IF IT'S THE FIRST TIME.
UM, THIS GIVES HIM A REALLY GOOD SYNOPSIS OF WHAT TO EXPECT.
IS THERE A SECOND? I SECOND THAT MOTION.
UM, IF, UH, IS THERE ANY FURTHER DISCUSSION ON THE MOTION? NO.
UH, THEN, UH, LET'S VOTE ALL THOSE IN FAVOR OF MS. TORRES'S MOTION THAT THE, UH, OPEN LETTER FROM THE CHAIR BE POSTED ON THE BOARD'S WEBSITE AND DISTRIBUTED TO PARTIES APPEARING.
UH, ALL THOSE IN FAVOR, PLEASE SAY AYE.
UH, ANY OPPOSED? PLEASE SAY NAY.
UH, THE MOTION UNANIMOUSLY PASSED.
UH, MOVING ON TO ITEM NUMBER FOUR.
UH, THIS WILL BE AN APPEAL HEARING FOR THE APPEAL REQUEST OF SUE ELLEN'S APPEALING AN APPLICATION APPEALING DENIAL OF AN APPLICATION FOR A DANCEHALL LATE HOURS PERMIT UNDER SECTION 14 DASH 3.1 OF THE DALLAS CITY CODE.
UH, THE BURDEN OF PROOF FOR THIS HEARING IS ON THE APPELLANT.
UM, AT THIS TIME, ANY WITNESSES WHO WISH TO TESTIFY IN THIS HEARING, UM, PLEASE RAISE YOUR RIGHT HAND AND TURN ON YOUR CAMERA SO THAT YOU MAY BE SWORN IN BY THE CITY SECRETARY'S OFFICE.
UH, CAN I CHIME IN HERE? THIS IS BEN EK, UH, C F O OF KEVIN.
UM, MY CAMERA'S TURNED OFF ON YOUR END.
I'M SEEING MYSELF, BUT IT'S, IT'S SAYING THAT THE HOST IS, UH, NOT LETTING ME ON.
HEY, BEN, COULD YOU JUST GO IN AND JOIN CHRIS WHILE YOU'RE DOING THE OATH? YES.
SO, SO I DOUBT WE CALL YOU, BUT JUST IN CASE.
SO, SIR, UM, THE, THERE'S, UH, SINCE YOU GUYS CAN'T SEE WHAT WE SEE, WE HAVE TWO SCREENS HERE.
WE HAVE A MAIN SCREEN AND A SECONDARY SCREEN.
AND YOU'RE NOT ON THE MAIN SCREEN, BUT YOU ARE ON THE SECONDARY SCREEN, SO, AH, I CAN, OH, OKAY.
YEAH, SO YOU, YOU, YOU CAN STAY PUT.
DO YOU WANNA DO 'EM ALL AT ONCE? NO, SURE.
IF EVERYBODY, IF ALL THE WITNESSES ARE HERE FOR THE SECOND APPEAL, WE CAN GET ALL THE WITNESSES SWORN IN AT ONCE.
IF Y'ALL WOULD PLEASE TURN ON YOUR CAMERAS AS WELL.
MR. SINGAPORE, I THINK WAS THE ONLY WITNESS.
OH, UH, MR. SINGAPORE'S THE REPRESENTATIVE.
SO DID WE, DID I ASK YOU WHAT WITNESSES YOU HAVE FOR THE SECOND HEARING? I'M SORRY.
UM, MR. JOSH CRAVEN AS A REPRESENTATIVE OF PROPERTY OWNERSHIP AND MANAGEMENT.
SORRY, I WROTE THAT DOWN WRONG.
SO, MR. CRAVEN, IF YOU COULD, UH, TURN ON YOUR CAMERA IF IT'S NOT ON ALREADY, THEN WE'LL JUST SWEAR EVERYBODY IN ALL AT ONCE AS WELL AS, UH, THE DETECTIVES FOR THE SECOND HEARING.
PLEASE, UH, RAISE YOUR RIGHT HANDS.
DO YOU SOLEMNLY SWEAR THAT TO THE BEST OF YOUR KNOWLEDGE, THE TESTIMONY YOU'LL GIVE BEFORE THIS BOARD TODAY WILL BE THE TRUTH? THE TRUTH, THANK YOU.
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ALRIGHT.UM, TIME LIMITS FOR THE PRESENTATIONS.
UH, MR. BIRCH, TAKING INTO CONSIDERATION THAT WE HAVE A VERY LONG, UH, HEARING, LIKELY FOLLOWING YOU, HOW MUCH TIME WOULD YOU LIKE TO HAVE FOR YOUR PRESENTATION? IF, IF I COULD HAVE 45 MINUTES, THAT'D BE GREAT.
I THINK I CAN DO IT IN LESS TIME THAN THAT, BUT I, AND I APOLOGIZE TO THOSE MEMBERS WHO'VE ALREADY HEARD MY SPIEL BEFORE ON, ON, UH, SUE ELLEN'S AND KEVIN, BUT I DO NOTE THAT WE HAVE SEVERAL NEW MEMBERS AND I, I THINK WE WANT TO, UH, UH, GIVE OUR STORY A LITTLE BIT TODAY.
UM, YOU THINK YOU COULD DO IT IN 15
I THINK YOU COULD DO IT IN 15.
IF YOU THINK YOU CAN DO IT IN 15, I WILL TRY MY BEST.
UM, HOW ABOUT THE CITY ATTORNEY? HOW MUCH TIME DO YOU THINK YOU NEED? WELL, I THINK I CAN HELP US OUT HERE.
I, I THINK I NEED ABOUT FIVE MINUTES, MAYBE LESS.
SO I TELL YOU WHAT, UH, LET'S SAY 15 MINUTES FOR THE APPELLANT, FIVE MINUTES FOR THE CITY, AND, UH, IF YOU NEED MORE TIME, UH, WE'LL, THE, THE BOARD CAN GIVE IT TO YOU.
LET ME, AND, UH, JUST, JUST, JUST A REMINDER, UH, THAT THAT ONLY INCLUDES YOUR ACTUAL TIME, UH, QUESTIONING WITNESSES.
IT DOESN'T INCLUDE YOUR INTRODUCTION, AND IT DOESN'T INCLUDE BOARD QUESTIONING TIME.
SO IF THE BOARD DOES HAVE, HAVE QUESTIONS, THEY'VE GOT A GREAT DEAL OF TIME TO, UH, ASK THEM.
UM, C UH, FOR YOU, MR. BIRCH, I HAVE ONE EXHIBIT THAT IS, I'M OPENING IT RIGHT NOW.
UM, DID YOU JUST HAVE ONE EXHIBIT? UH, YES, MR. CHAIR.
WE HAD ONE BOOKED OF EXHIBITS, UM, THAT WE'D LIKE TO OKAY.
UH, AND IT'S APPROXIMATELY 139 PAGES, SO WE WON'T, I PROMISE WE WON'T TALK ABOUT EVERY ONE OF THOSE.
AND I HAVE SET IT UP SO THAT THERE ARE TABS, UH, SO THAT THOSE MEMBERS WHO ARE, UH, REMOTE CAN, UH, CLICK ON THE TABS AND FOLLOW ALONG WITH US, UH, IN THE PDFS THAT THEY HAVE AVAILABLE.
UM, AND MR. WILKINS, UH, WE HAVE ONE EXHIBIT FROM THE CITY, IS THAT CORRECT? YES, THAT'S CORRECT.
AND AGAIN, IT'S, IT'S A BINDER THAT'S BROKEN UP INTO 10 TABS.
WE'LL PROBABLY HIGHLIGHT FOUR.
SO, UM, THOSE HAVE BOTH BEEN ACCEPTED INTO EVIDENCE, AND THEY'RE BOTH NUMBERED AS, UH, CITIES AND APPELL EXHIBIT ONE.
WOULD THE CITY ATTORNEY, UH, PLEASE READ THE RELEVANT ORDINANCE? THANK YOU, CHAIRMAN.
THE RELEVANT, UH, PORTION OF THE CITY CODE THAT APPLIES TO, TO TODAY'S SITUATION IS THAT THE PERMIT AND LICENSE APPEAL BOARD MAY, IN ITS DISCRETION, GRANT AN EX EXEMPTION FROM THE LOCATIONAL RESTRICTIONS OF SECTION 14 DASH 3.1 FOR A LATE HOURS PERMIT FOR A CLASS A, B, OR C DANCE HALL, WHICH APPLIES, IF IT FINDS THAT ONE, THE LOCATION OF THE PROPOSED DANCE HALL WILL NOT HAVE A DETRIMENTAL EFFECT ON NEARBY PROPERTY OR BE CONTRARY TO THE PUBLIC SAFETY OR WELFARE.
TWO, THE LOCATION OF THE PROPOSED DANCE HALL WILL NOT DOWNGRADE THE PROPERTY VALUE OR QUALITY OF LIFE IN ANY ADJACENT AREA, OR ENCOURAGE THE DEVELOPMENT OF URBAN BLIGHT.
THREE, THE LOCATION OF THE PROPOSED DANCE HALL OPERATING UNDER A LATE HOURS PERMIT IN THE AREA WILL NOT BE CONTRARY TO ANY PROGRAM OF NEIGHBORHOOD CONSERVATION OR INTERFERE WITH ANY EFFORTS OF URBAN RENEWAL OR RESTORATION.
AND LASTLY, ALL OTHER APPLICABLE PROVISIONS OF THIS CHAPTER WILL BE OBSERVED.
UM, MR. BIRCH, WOULD YOU LIKE TO BEGIN WITH A FIVE MINUTE OPENING STATEMENT? UH, YES, I WOULD.
UM, I, FIRST OF ALL, I APOLOGIZE TO THOSE MEMBERS WHO HAVE HEARD, UH, THE, UH, SUE ELLENS AND KEVIN'S STORY BEFORE.
UH, I, I DO WANT TO TELL IT AGAIN FOR THE BENEFIT OF THOSE MEMBERS WHO WERE NOT, UH, ON THE BOARD THE LAST TIME SUE ELLENS APPEARED.
UM, LET ME START BY SAYING THAT SUE ELLENS, UH, HAS BEEN IN OPERATION FOR 34 YEARS, UH, AND IT HAS A, HAD A LATE HOURS
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PERMIT, UH, FOR THAT ENTIRE PERIOD, UH, WHICH HAS BEEN GRANTED.AND THIS BOARD HAS CONTINUALLY GRANTED, UH, THE, UH, EXEMPTION TO THE LOCATIONAL RESTRICTIONS, UH, OVER THAT PERIOD OF TIME, UH, THE LATE HOURS APPLICATION FOR 2023 WAS DENIED SIMPLY BECAUSE THE, UH, LOCATION OF SUE ELLENS IS WITHIN 1000 FOOT OF A FEET OF A LOT USED FOR RESIDENTIAL PURPOSES.
UH, THE, THE CHIEF OF POLICE HAD NO, UH, DISCRETION ON THAT.
UH, HE HAS TO DENY THE PERMIT BASED ON THAT RESTRICTION.
HOWEVER, AS THE, UH, CITY ATTORNEY JUST READ YOU, THIS BOARD HAS THE ABILITY TO GRANT, UH, EXEMPTIONS, UH, AND IN ADDITION TO GRANT TWO YEAR EXEMPTIONS, UH, TO THAT REQUIREMENT.
UH, AND WE HAVE BEEN THE RECIPIENT OF THOSE FOR, UH, AGAIN, 34 YEARS.
UH, I DON'T THINK THERE'LL BE ANY DISPUTE THAT SUE ELLENS, UH, AND IT'S, UH, PARENT COMPANY, KEVIN ENTERPRISES, INC.
ARE, UH, WELL RUN, UH, BUSINESSES, UH, SUE ELLENS, UH, AND, AND ITS PARENT COMPANY, EMPLOYEES ARE DIRECTLY INCENTIVIZED TO RUN THE COMPANY TO THE HIGHEST STANDARDS.
UH, PRIOR TO 2021, THEY, THE COMPANY WAS OWNED BY AN ESOP.
IT IS NOW PRIVATELY OWNED, BUT, UH, 70% OF THE EMPLOYEES RETURNED POST COVID AND A HUNDRED PERCENT OF THE KEY EMPLOYEES, THE, THE BARTENDERS, THE MANAGERS, UH, THE, UH, UH, OPERATIONAL FOLKS, THOSE PEOPLE ALL.
SO WE, WE HAVE HAD A CONTINUAL DEAL.
AND IT'S NOT UNUSUAL TO SEE AN EMPLOYEE IN THIS, UH, UH, BUSINESS, UH, OR THIS OPERATION THAT'S BEEN WITH THE BUSINESS FOR 30 PLUS YEARS.
UM, SUE ELLIS HAS TAKEN SPECIFIC TIPS, UH, STEPS TO BE AN EXCELLENT, UH, AND RESPONSIBLE NEIGHBOR.
UH, THEY HAVE, UH, HEAVILY SOUNDPROOFED THE BUILDING.
UH, THEY, UH, SPEND, UH, A LOT OF MONEY ON MAINTENANCE AND UPKEEP, UH, TO KEEP IT CLEAN AND GOING.
UH, THEY'VE RECEIVED NO COMPLAINTS, UH, OF WELL NOISE OR ANYTHING ELSE FROM THE NEIGHBORS, UH, SURROUNDING IT.
UH, THERE IS A GREAT FOCUS ON PROVIDING SECURITY AND THEN ON FOSTERING GOOD RELATIONSHIPS WITH THE LOCAL POLICE, UH, THAT PATROL THE BEAT.
UH, THERE ARE TWO PARKING AREAS USED BY PATRONS OF THE CLUB, BUT THEY'RE ALSO USED BY OTHER, UH, UH, BUSINESSES IN THE AREA AS WELL.
UH, I THINK YOU'LL SEE FROM THE VARIOUS EXHIBITS AND, AND, AND WHAT WE WILL SHOW YOU TODAY THAT, UH, THIS, UH, CLUB IS NOT A DETRIMENT TO THE AREA.
UH, IT IS IN FACT ONE OF THE DRAWING POINTS FOR THIS PARTICULAR AREA.
UH, WE'VE GOT, UH, NEIGHBORS WHO HAVE SIGNED PETITION OF SUPPORT, UH, WHICH IS AT TAB SIX OF OUR, UH, EXHIBIT BOOK.
UH, WE HAVE, I THINK THIS YEAR, 245 SIGNATURES OF SUPPORT.
UH, THE TESTIMONY TODAY WILL SHOW THAT THERE'S NO DIFFERENCE IN THE DEVELOPMENT ACTIVITY OR PROPERTY VALUES WITHIN A THOUSAND FEET, UH, OF THE PROPERTY, AS OPPOSED TO OUTSIDE THAT A THOUSAND FOOT RADIUS.
UH, AND YOU CAN LOOK AT THOSE PHOTOS IN TAB FIVE, UH, AND I THINK THE TESTIMONY WILL SHOW THAT THE CLUB HAS ADDED VALUE TO THE NEIGHBOR NEIGHBORHOOD.
UH, AND THAT IS A DRAW FOR PEOPLE WHO WANT TO, UH, LIVE IN A WALKABLE, UH, ENTERTAINMENT, UH, ORIENTED NEIGHBORHOOD.
UM, WE ALSO BELIEVE THE TWO YEAR EXTENSION IS WARRANTED.
UH, SUE ALLENS MEETS THE REQUIREMENTS OF SECTION 14 DASH 3.1 OF THE CITY CODE, UH, BECAUSE THEY'VE NEVER BEEN DENIED A LATE HOURS PERMIT.
IT IS HELD PERMITS CONTINUOUSLY FOR 34 YEARS, AND THERE ARE NO PRIOR VALID VIOLATIONS BY THE CLUB OF CHAPTER 14 OF THE CITY CODE.
UH, IN LIGHT OF THAT, WE ASK THAT THE, UH, PERMIT BE, UH, THE EXEMPTION BE GRANTED, UH, AND THAT A TWO YEAR EXEMPTION BE GRANTED IN THIS CASE.
UM, MR. WILKINS, DO YOU HAVE A FIVE MINUTE OPENING? OBVIOUSLY,
I THINK OUR FIRST WITNESS WILL BE MS. CHRIS STON.
YOU ARE, UH, RECOGNIZED FOR 15 MINUTES, MR. BERG.
MS. STON, COULD YOU GIVE THE, UH, BOARD YOUR FULL NAME AND, UH, TELL THE BOARD A LITTLE BIT ABOUT YOUR RELATIONSHIP WITH KEVIN AND HOW LONG YOU'VE BEEN WITH THE COMPANY? UH, MY NAME IS CHRISTINE BANKSTON, AND
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I HAVE, UH, WAS WITH THE COMPANY FOR 36 AND A HALF YEARS.AND, UM, I RETIRED LAST YEAR, BUT HAD BEEN KEPT ON FOR CONSULTATION AND FOR, UH, UH, MY INVOLVEMENT WITH THE COMMUNITY FOR THAT LONG SO THAT, UH, WE CAN CONTINUE A GOOD RELATIONSHIP WITH THE CITY AND WITH OUR NEIGHBORHOOD.
AND, UH, ADMIT, I MENTIONED IN THE OPENING THAT, UM, UH, SUE ELLEN'S, UM, AND ISAAC CORPORATION ARE WHOLLY OWNED SUBSIDIARIES OF CABIN ENTERPRISES.
IS THAT CORRECT? THAT IS CORRECT.
AND THE CURRENT OWNER OF CABIN ENTERPRISES IS MR. WYNN, IS THAT CORRECT? YES, THAT IS CORRECT.
UH, AND, UH, I, I THINK YOU PREPARED A LETTER THAT IS IN TAB ONE OF THE, UH, EXHIBIT BOOK.
UH, DO YOU HAVE THAT IN FRONT OF YOU? AND WOULD YOU LIKE TO READ THAT TO THE, UH, BOARD? YES, YES.
GOOD MORNING, ISAAC CORPORATION, DOING BUSINESS AS SUE ELLENS IS ONE OF FOUR CLUBS OWNED AND OPERATED BY CABIN ENTERPRISES.
THIS INCLUDES BAR STAFF, DJ STAFF, AND ENTERTAINERS.
THERE IS A MANAGEMENT STAFF OF THREE.
THE COMBINED EXPERIENCE OF THE MANAGEMENT TEAM IS OVER 40 YEARS, AND SEVERAL OF THE EMPLOYEES HAVE BEEN WITH SUE ELLENS FOR 10 YEARS OR MORE.
MAINTAINING THE SECURITY AND SAFETY OF OUR GUESTS, STAFF, AND NEIGHBORS ARE KEY GOALS OF SUE ELLENS.
SUE ELLENS, ALONG WITH JR'S STATION FOUR AND T M C IS MONITORED BY A LICENSED PROFESSIONAL SECURITY COMPANY AND IS APPROVED BY THE DALLAS POLICE DEPARTMENT.
THE SECURITY COMPANY PROVIDES ONSITE DEDICATED GUARDS AND ALSO PROVIDES ONSITE SUPERVISORS AND ROAMING SECURITY VEHICLES DURING BUSY HOURS.
SO THERE IS SECURITY IN THE CLUBS AS WELL AS OUTSIDE THE CLUBS IN CARS TO DETER CRIME.
IN ADDITION TO THE PROFESSIONAL SECURITY STAFF, THE CLUB IS MONITORED BY SECURITY CAMERAS BOTH INSIDE AND OUTSIDE THE CLUB.
THE MANAGERS AND SECURITY GUARDS UTILIZE PORTABLE RADIOS TO ENSURE CONSTANT COMMUNICATION FOR THE PROTECTION OF BOTH PATRONS AND STAFF.
WE BELIEVE MAINTAINING SECURITY ON A REGULAR BASIS IS TO THE BENEFIT BENEFITS OF OUR GUESTS AND STAFF.
SUE ELLENS IS OPEN FIVE DAYS A WEEK AND EMPLOYS DOOR PERSONNEL AND FLOOR OBSERVERS NIGHTLY.
SUE ELLENS HAS A MANAGER STATION BEHIND THE BARS THROUGHOUT THE CLUB TO HELP DEAL WITH ANY ISSUES THAT MAY ARISE.
OUR EMPLOYEE'S LONG-TERM COMMITMENT TO THE COMPANY IS THE KEY TO SUE ELLEN'S SUCCESS.
THEY UNDERSTAND THE IMPORTANCE OF FOLLOWING ALL STATE CITY AND T A B C RULES AND REGULATIONS.
THE STATE OF TEXAS OFFERS A T A B C CERTIFICATION, AND ALL CABIN EMPLOYEES ARE T A B C CERTIFIED.
ALL EMPLOYEES HAVE THE OPTION TO PARTICIPATE IN HEALTH, DENTAL, AND VISION LIFE INSURANCE, AND A 4 0 1 K WITH A DISCRETIONARY MATCH AT THE END OF THE YEAR.
THE COMPANY IS VERY INVOLVED IN THE COMMUNITY ON BOTH THE BUSINESS AND CHARITABLE LEVELS.
MIKE WYNN, C E O PRESIDENT OF CAVEN ENTERPRISES IS A MEMBER OF THE PPL PREP SS B D M COMMITTEE OF THE PERSONALIZED LEARNING PREPARATORY AT SAM HOUSTON.
OUR CHARITABLE INVOL INVOLVEMENT IS EXTENSIVE.
SUE ELLENS IS INVOLVED WITH MANY NONPROFIT ORGANIZATIONS, INCLUDING RESOURCE CENTER, DALLAS HUMAN RIGHTS CAMPAIGN, P SS S A UNIFORM NIGHT AND PURPLE PARTY.
THEY ALS THEY ALSO HOST LONGTIME INDIVIDUAL EVENTS SUCH AS THE LINDA LUCKY CHILDREN'S TOY DRIVE.
SUE ELLENS DONATES THE SPACE FOR NONPROFITS DOOR PROCEEDS DURING THESE EVENTS GOES TO THE CHARITABLE ORGANIZATION, AND IN RETURN, THE ORGANIZATION PROVIDES BENEFITS TO ITS BENEFICIARIES.
THROUGH THE YEARS, THESE PARTNERSHIPS HAVE PROVEN TO BE VERY SUCCESSFUL.
OUR COMMITMENT TO PERSONALIZED LEARNING PREPARATORY AT SAM HOUSTON CONTINUES TO GROW.
LAST YEAR'S SECRET SANTA WAS A GREAT SUCCESS.
IT IS MOST, IT IS THE MOST EXCITING EVENT OF THE YEAR.
WE DO, UH, I'M SORRY, EXCUSE ME.
WE DO SCHOOL SUPPLY DRIVES TWICE A YEAR.
WE PROVIDE HOT DOGS, SODA AND WATER FOR FIELD DAY THROUGHOUT THE YEAR.
PARTIES ARE PROVIDED FOR THE TEACHERS AT THE BEGINNING OF THE YEAR, HOLIDAY TIME, AND END OF THE YEAR, WANTING TO EXPAND OUR INVOLVEMENT WITH D I S D AND OTHER AREAS SCHOOLS.
WE HAVE HELPED SPONSOR EVENTS SUCH AS DASH FOR THE BEADS.
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EVENTS PROVIDE GRANT FUNDS AND RAISE MONEY FOR MULTIPLE P T O PROGRAMS, BENEFITING MANY SCHOOLS AND INCLUDING HOG ELEMENTARY, BOTELLO ELEMENTARY, BOWIE ELEMENTARY, ROSEMONT ELEMENTARY, AND W H ADDISON ADDISON HIGH SCHOOL.WE ARE ALSO INVOLVED WITH SCOTTISH, RIGHT? THE LATE HOURS PERMIT IS VERY IMPORTANT TO THE CONTINUED SUCCESS OF SUE ELLENS, OUR COMPTROLLER, BEN HICK ESTIMATES.
WITHOUT THE LATE HOURS PERMIT, WE WOULD SEE A DECREASE OF UP TO 30 TO TO 40% IN REVENUE.
THIS DECREASE WOULD GREATLY AFFECT THE COMPANY'S ABILITY TO CONTINUE THE MUCH NEEDED SUPPORT TO OUR COMMUNITY.
THANK YOU VERY MUCH FOR YOUR TIME AND CONSIDERATION ON THIS MATTER.
I I'M GOING TO TRY AND RAPIDLY COVER SOME QUESTIONS HERE, UH, TO FOLLOW UP, UH, WITH YOU ON THAT.
UM, HOW LONG HAS SUE ELLENS BEEN IN THE SPACE THAT IT'S IN CURRENTLY? IN THE SPACE THAT IT'S IN NOW? YES.
UM, WELL, IT'S, THEY'VE BEEN IN BUSINESS FOR 34 YEARS.
THEY WERE AT ONE TIME DOWN WHERE T M C IS AT NOW, AND T M C IS WAS AT WHERE SUE ELLENS IS NOW.
AND THEN THEY, THEY DID A SWITCH.
THEY WERE, THEY WERE, SUE ELLENS WAS GROWING AND NEEDED MORE SPACE, BUT THE BUSINESS ITSELF HAS BEEN THERE FOR 34 YEARS.
THEY OPENED JANUARY 19TH, 1989.
AND IN THIS PARTICULAR LOCATION, HAS IT BEEN THERE MORE THAN 20 YEARS, RIGHT.
AND, AND YOU MENTIONED A LITTLE BIT ABOUT THE SECURITY AT THE SIOUX ALLENS.
UH, ARE ALL OF THE SECURITY OFFICERS, UH, CERTIFIED BY THE TEXAS COMMISSION ON LAW ENFORCEMENT? YES.
OFFICER STANDARDS AND EDUCATION? YES.
UH, AND YOU MENTIONED THAT THERE WAS A, UH, A CLOSED CIRCUIT RADIO, UM, UH, OR NOT CLOSED CIRCUIT, BUT UH, RADIO SYSTEM SET UP SO THAT THE, UH, SECURITY GUARDS AND MANAGEMENT COULD CONVERSE WITH EACH OTHER.
WE ACTUALLY HAVE A DUAL SYSTEM.
WE HAVE RADIOS THAT ARE USED BY THE MANAGERS AND SECURITY GUARDS, AND THEN WE HAVE IN-HOUSE RADIOS THAT ARE USED BY THE STAFF AND MANAGERS, AND THAT IS IN ALL OF THE CLUBS.
SO THAT IF ANYTHING BY CHANCE MIGHT HAPPEN, THERE IS IMMEDIATE COMMUNICATION.
AND, UM, IF THE, IF THE BOARD IS INTERESTED IN THAT, IN TAB FOUR AT PAGE 59 OF OUR EXHIBIT BOOK, WE'VE GOT, UH, A, A PHOTO OF THAT, UH, RADIO SYSTEM.
UH, NOW TELL ME A LITTLE BIT, TELL ME ABOUT THE RELATIONSHIP BETWEEN SUE ELLEN'S MANAGEMENT AND THE LOCAL POLICE.
IS IT A GOOD RELATIONSHIP? YES.
YEAH, BECAUSE OF THE FACT THAT THE CLUBS, SUE ELLENS AND THE OTHER THREE CLUBS HAVE BEEN THERE FOR SO LONG, THEY GET TO KNOW THE BEAT OFFICERS WHO ARE ASSIGNED TO THE AREA.
SO THERE, THERE IS A STRONG RELATIONSHIP.
UH, AND DO YOU HAVE POLICIES, UH, TO, UH, WELL, LET'S BACK UP.
DO DO THE MANAGEMENT OF, UH, SUE ALLENS MEET WITH THE, UH, LOCAL BEAT OFFICERS FROM TIME TO TIME, UH, JUST TO DISCUSS ADDITIONAL SAFETY MATTER MEASURES? YES.
UH, THERE'S A NEW PROGRAM THAT HAS BEEN INTRODUCED, UH, WHERE WE WILL MEET TWO TO THREE TIMES A YEAR.
UH, WE'VE RECENTLY HAD A MEETING WITH THEM AND IT WAS, UH, A TEACHING THE MANAGERS ABOUT ACTIVE SHOOTER POLICY IN CASE SOMETHING WOULD HAPPEN.
SO, UM, IT, IT'S VERY BENEFICIAL TO THEM AND, AND TO US.
UH, AND, UM, HOW DOES THE COMMUNITY VIEW SUE ELLIS'S IN TERMS OF SECURITY AND SAFETY? WELL, BECAUSE OF THE FACT THAT, THAT WE HAVE THE SECURITY GUARDS THAT WE DO, AND WE ARE THE ONLY CLUBS ON, UH, THE STRIP, UH, IN CEDAR SPRINGS THAT HAVE SECURITY GUARDS.
SO IT BECOMES KIND OF A SAFE HAVEN FOR PEOPLE, UH, THAT ARE GOING TO THE OTHER BUSINESS OR GOING TO THE OTHER CLUBS, UM, IF THEY'VE HAD A PROBLEM OR IF THEY'VE, MAYBE SOMEBODY BROKE INTO THEIR CAR OR THINGS THAT CAN HAPPEN ALL OVER THE CITY, THEY CAN COME TO OUR SECURITY FOR HELP.
AND, UM, IS THE LATE HOUR, UH, PERMIT, UH, IMPORTANT TO THE SUCCESS OF SUE ELLENS AND ITS CHARITABLE ACTIVITIES? IT ABSOLUTELY IS.
UH, THESE, THE CLUBS HAVE A VERY LARGE GROUP OF YOUNG PEOPLE THAT COME TO THEM.
[00:35:01]
LATE NIGHT PEOPLE, AND A LOT OF THEM DON'T COME OUT, AND THEY'RE BY A LOT OF SERVICE INDUSTRY PEOPLE.THEY DON'T COME OUT TILL 11, 12 O'CLOCK AT NIGHT.
SO WITHOUT THE LATE HOURS, UH, PERMIT, WHICH WE DO NOT SERVE ALCOHOL DURING THAT TIME, IT'S STRICTLY NON-ALCOHOL.
UM, IT ALLOWS THAT MONEY TO COME INTO OUR ESTABLISHMENTS WHERE IF WE CLOSED AT TWO, THEY MAY SAY, NAH, I DON'T WANNA DRIVE FROM ARLINGTON OR FROM PLANO FOR JUST A COUPLE OF HOURS.
SO IT WOULD AFFECT OUR INCOME.
WHICH AFFECTS WHAT, AND YOU DO, AND YOU DO CHARGE A COVER CHARGE, UH, UH, ON THE NIGHTS THAT YOU'RE OPEN UNTIL 4:00 AM IS THAT CORRECT? YES.
AND, UH, YOU MENTIONED YOU DON'T SERVE ALCOHOLIC BEVERAGES.
DO YOU SERVE THINGS SUCH AS, UH, UH, WE HAVE A VERY LI LARGE, UH, VARIETY OF NON-ALCOHOLIC BEVERAGES.
WE HAVE WATER, RED BULL, GATORADE, ORANGE JUICE, PINEAPPLE JUICE, CRANBERRY JUICE.
SO YES, THERE'S, THERE'S A GOOD VARIETY.
AND, UH, DO YOU BELIEVE THAT STAYING THAT SUE ELLEN'S STAYING OPEN UNTIL, UH, 4:00 AM HELPS, UH, ALLEVIATE, UH, CONGESTION IN THE STREETS AROUND THE AREA AND, UH, HELPS, UH, UH, PROVIDE FOR A LITTLE BIT SAFER TRIP HOME FOR FOLKS? YES.
UH, THERE ARE CLUBS THAT CLOSE AT TOO ON THE BLOCK, AND THEN THERE ARE TWO CLUBS, UH, SUE ELLENS AND STATION FOUR THAT ARE OPEN TILL FOUR, WHICH ALLOWS FOR A, UH, INTERMITTENT LEAVING OF GUESTS, WHICH I THINK DOES HELP THAT SITUATION.
UH, AND, UH, LET'S TALK A LITTLE BIT ABOUT THE BUILDING AND, AND I'LL DIRECT THE, UH, UH, BOARD MEMBERS TO TAB FOUR.
UH, ARE THOSE PHOTOS, UH, OF THE BUILDING AND ITS CONSTRUCTION, AND YOU'VE MADE NOTES THERE TO INDICATE WHAT THE PHOTOS OF ARE OF, IS THAT CORRECT? THAT IS CORRECT.
UH, AND YOU HAVE, UH, TAKEN THESE PHOTOGRAPHS, UH, RECENTLY, LIKE IN THE PAST MONTH? YEAH, ACTUALLY TWO WEEKS AGO.
AND IS THE BUILDING SOUNDPROOFED? YES.
UM, IF YOU LOOK ON PAGE 46, WHICH IS THE BACK OF SUE ELLENS, IT SHOWS HOW THE BUILDING IS CONSTRUCTED.
UH, THIS STONE IS OVER CONCRETE BLOCKS, UM, WHICH ARE, UH, UH, REINFORCED BY REBARB AND, UM, CEMENT, SO VERY MUCH SOUNDPROOF.
UM, THE WINDOWS THAT YOU SEE ARE DOUBLE PANED DO NOT OPEN.
UM, IT'S JUST TO GIVE A LITTLE BIT OF LIGHT TO THE SECOND LEVEL OF, OF SUE ELLENS.
UM, SO THE, THE BUILDING IS BUILT VERY MUCH NOT TO BOTHER THE NEIGHBORHOOD.
AND THE SPEAKERS ARE ALL DIRECTED, UH, TOWARD THE INSIDE OF THE BUILDING, IS THAT CORRECT? THAT IS CORRECT.
AND LET ME THEN ASK YOU, YES, UH, THERE'S AN OUTSIDE PATIO.
UH, WHAT HAPPENS TO THOSE SPEAKERS? UH, AT MIDNIGHT WE HAVE A LOWER PATIO AND AN UPPER PATIO.
THERE ARE NO SPEAKERS ON THE UPPER PATIO AND ON THE LOWER PATIO, THE SPEAKERS ARE TURNED OFF AT MIDNIGHT.
AND HAVE YOU EVER RECEIVED ANY COMPLAINTS FROM NEIGHBORS, UH, REGARDING NOISE? NO.
UH, AND IN FACT, UH, ISN'T IT TRUE THAT, UH, WE'VE HAD SEVERAL NEIGHBORS, UH, WHO HAVE SIGNED PETITIONS IN SUPPORT OF, UH, OUR LATE HOUR, UH, PERMIT APPLICATION? IS THAT CORRECT? CORRECT.
AND THAT'S AT TAB SIX OF THE BOOK, UH, IF THE BOARD CARESS TO LOOK AT IT.
UH, AND THEN LET'S TALK A LITTLE BIT ABOUT THE PROPERTY VALUES IN THE AREA.
IF YOU'LL GO TO TAB FIVE, YOU'VE GOT ONE MINUTE, MR. BIRCH.
UH, AND MS. STON, ARE THESE PHOTOS THAT YOU HAVE TAKEN OF DEVELOPMENT, UH, WITHIN THE, UH, UH, ARE IN THE NEAR SUE ELLENS? YES.
UH, AND THESE ARE BOTH DEVELOPMENTS THAT ARE CURRENTLY UNDER CONSTRUCTIONS AND, UH, DEVELOPMENTS THAT HAVE BEEN CONSTRUCTED, UH, IN THE PAST COUPLE OF YEARS, IS THAT CORRECT? THAT IS CORRECT.
AND, UH, YOU'VE IDENTIFIED BY NOTES AT THE BOTTOM OF EACH OF THOSE, UH, PHOTOGRAPHS IN TAB FIVE, WHAT THE PHOTOGRAPH IS OF, IS THAT CORRECT? CORRECT.
AND, UM, DO, DO THESE REFLECT THAT SUE ELLIS'S HAVING A, A ILL EFFECT OR DETRIMENTAL EFFECT ON THE DEVELOPMENT IN THE AREA? YES.
AND IF, IF YOU'RE FAMILIAR WITH THE AREA, THE CONSTRUCTION THAT IS GOING ON IS PHENOMENAL, AND IT OBVIOUSLY PROVES THAT WE'RE NOT KEEPING PEOPLE
[00:40:01]
FROM WANTING TO COME TO THE AREA.UH, AND ARE THERE CURRENT PLANS, UH, TO, UM, INCORPORATE, UH, SUE ELLENS AND THE OTHER CALVIN CLUBS INTO A, UH, MIXED USE DEVELOPMENT THAT'S, UH, GOING TO BE BUILT, UH, ON THE PROPERTY ADJACENT TO THAT IS, THAT IS CORRECT.
SO THERE, THERE'S REALLY NOTHING TO INDICATE THAT WE'RE A DETRIMENT TO THE, UH, NEIGHBORHOOD, IS THAT CORRECT? THAT IS CORRECT.
AND HAS KEVIN EVER THANK YOU MR. BIRCH.
MAY I HAVE ONE MORE MINUTE TO WRAP UP ON MY TWO YEAR EXEMPTION? IS THERE, UH, ANY OBJECTION TO GIVING MR. BIRCH ONE MORE MINUTE? NO, YOU HAVE ANOTHER MINUTE, MR. BIRCH.
AND, AND MS. STON, UH, HAS, UH, KEVIN, UH, TO YOUR KNOWLEDGE EVER COMMITTED A VIOLATION OF CHAPTER 14 OF THE CITY CODE? NO.
UH, HAVE YOU RECEIVED THE TWO YEAR EXEMPTION IN THE PAST? YES.
AND, UH, HAVE YOU EVER HAD A, UM, UH, DANCE HALL LICENSE SUSPENDED, REVOKED, OR DENIED? NO.
UH, IN YOUR OPINION, UH, IS KEVIN ENTITLED TO A, TO YOUR EXEMPTION FROM THE LOCATIONAL RESTRICTIONS? I WOULD SAY ABSOLUTELY, ESPECIALLY BASED ON OUR PAST RECORD.
UH, I HAVE NO FURTHER QUESTIONS FOR MS. STON.
UM, MR. WILKINS, DO YOU HAVE ANY, UH, QUESTIONS FOR THIS WITNESS? NO QUESTIONS, MR. CHAIRMAN.
UH, WE'LL PROCEED WITH BOARD QUESTIONING FOR THREE MINUTES EACH.
UH, MS. AYALA, ANY QUESTIONS FOR THIS WITNESS? NO, I DON'T HAVE ANY QUESTIONS AT THE MOMENT.
UH, MS. WILLIS? NO QUESTIONS MS. TO I, UM, GOOD MORNING, MS. BANKSTON.
WHAT TIME, WHAT TIME DOES SWELLING, UM, OPERATE? DOES IT OPERATE UNTIL 4:00 AM AT THE MOMENT? WE ARE OPEN, UH, TUESDAY THROUGH, UH, I'M, I'M SORRY, WEDNESDAY THROUGH SUNDAY.
UM, OF COURSE, DURING THE WEEK, UH, WEDNESDAY, THURSDAY, OR A LITTLE BIT QUIETER NIGHTS.
SO THEY CLOSE BASED ON THE CROWD THAT THERE IS.
UM, OF COURSE ON THE WEEKENDS IT IS MUCH BUSIER.
AND SO AGAIN, UM, UH, THEY CAN GO TO FOUR O'CLOCK, BUT SOMETIMES IT'LL BE THREE 30, SOMETHING OF THAT NATURE BASED ON THE CROWD.
UM, AND THEN YOU MENTIONED, YOU MENTIONED A DECREE DECREASE IN REVENUE FROM ABOUT 30 TO 40%.
UM, AND THAT COMES FROM THE NON-ALCOHOLIC BEVERAGES THAT YOU'RE SELLING FROM? WELL, TWO TO 4:00 AM IT'S A COMBINATION.
UM, IF WE DID, WERE NOT BRINGING IN THAT REVENUE, WHICH IS QUITE LARGE.
UM, BUT IT'S ALSO THE FACT THAT IT WOULD DETER PEOPLE FROM COMING, SAY AT MIDNIGHT, WHERE ON THE WEEKENDS WE HAVE A COVER CHARGE, SO WE LOSE LIQUOR, SALES DOOR CHARGES AND, UH, THE NON-ALCOHOLIC BEVERAGES FROM TWO TO FOUR.
SO YOU DO HAVE A COVER CHARGE O ON WE YES, MA'AM.
UM, ALL NIGHT UNTIL 4:00 AM UH, COVER CHARGE? YES.
UH, ABOUT THREE O'CLOCK THEY WILL CUT THE COVER CHARGE OFF, BUT YES, MA'AM, THROUGH THE NIGHT.
AND THEN MY LAST QUESTION IS, UM, REGARDING THE SOUND ON THE BUILDING MM-HMM.
AND THAT'S FOR ALL OF THE CLUBS ON THE BLOCK THAT WE, THAT WE OWN.
IT, IT WAS VERY MUCH, IT WAS VERY MUCH, UM, MONITORED BY THE CONSTRUCTION PEOPLE SO THAT WE HAD THAT.
I JUST WASN'T SURE IF YOU HAD ANYTHING IN WRITING.
[00:45:04]
NOT AS I, I, I MEAN, I'M TESTING OR I'M NOT QUITE SURE WHAT YOU'RE INDICATING THAT YOU'RE LOOKING FOR.UM, AND I THINK THAT WAS, I HAD A QUESTION, WHAT IS A MIXED USE? YOU SAY YOU MENTIONED THAT, BUT I WASN'T SURE WHAT THAT WAS.
WHAT A, WHAT A MIXED U I'M SORRY, EXCUSE ME.
WHAT A MIXED USE AREA IS, WHICH IS THIS AREA.
AREA IS, IT'S RESIDENCES, IT'S ENTERTAINMENT, IT'S, UH, SHOPS, IT'S, UH, ALL OF THAT IN THE SAME AREA, WHICH IS A VERY WALKABLE AREA.
AND THAT'S WHY IT'S CALLED MIXED USE.
NOW I HAVE ONE AREA OF QUESTIONING.
TYPICALLY, WHEN WE REVIEW THESE PERMIT LATE HOUR PERMITS THAT ARE DENIED BECAUSE OF A THOUSAND FOOT RESTRICTION, WE'RE GIVEN AN AERIAL MAP OF THE AREA, SO WE CAN KIND OF GET A SENSE OF WHAT WE'RE LOOKING AT.
HOWEVER, THIS PARTICULAR CASE SEEMS TO DEVIATE IN THAT THERE'S AN ACKNOWLEDGEMENT THAT APPARENTLY THERE ARE HUNDREDS OF PEOPLE WITHIN, WELL, LESS THAN ABOUT FEET.
I HAVE PARTICULAR CONCERN ABOUT TWO THAT YOU SHOW IN YOUR OWN EXHIBIT.
THE, UM, DAISY POLK INN MM-HMM.
STAYED IN YOUR EXHIBIT, ARE LOCATED IMMEDIATELY BEHIND THE AREA.
ARE THE OWNERS OF THESE TWO PROPERTIES SIGNATORIES TO 245 SIGNATURE PETITION? YOU? WELL, WHAT I CAN TELL YOU IS THAT THEY HAVE BEEN, DAISY POLK INN HAS BEEN THERE 15 TO 20 YEARS.
I, I, I, I ACTUALLY DON'T KNOW FOR SURE.
UH, MR. QUINT, DO YOU HAVE ANY, UH, QUESTIONS? I JUST HAVE A COUPLE CHAIRS.
UM, MS. BEN B UH, STON, WHEN WILL Y'ALL BE MOVING TO THE MIXED USE DEVELOPMENT? UM, THE GENTLEMAN, UH, UH, MR. UH, UH, ALON WHO BROUGHT, WHO BOUGHT THE PROPERTY MM-HMM.
HE'S LOOKING FOR BETTER INTEREST RATES.
SO IT WILL PROBABLY, HE'S INDICATED WILL BE WITHIN THE NEXT YEAR TO TWO YEARS, DEPENDING ON THE INTEREST RATES BEFORE HE STARTS CONSTRUCTION.
WILL HE GONNA KEEP HIS FINGERS CROSSED THEY GO DOWN, SO TO SPEAK? YES, SIR.
SO ALONG THAT SAME LINE, UM, REGARDING SOUND, BECAUSE I THINK THAT'S THE, THE BIGGEST IMPEDIMENT THAT, THAT MOST OF US MIGHT BE THINKING.
UM, WILL YOU BE ACTIVELY WORKING WITH THE CONSTRUCTION COMPANY TO ENSURE THAT YOU HAVE AT LEAST THE SAME AMOUNT OF SOUNDPROOFING, IF NOT MORE? UM, UH, MR. WYNN, WHO IS OUR, UH, C E O AND MR. ALON WHO OWNS THE PROPERTY NOW, THEY ARE IN CONSTANT, UH, UH, NEGOTIATIONS ABOUT THAT AND FOR THE REASON OF BEING, UM, RESIDENCE RESIDENTS IN THOSE, THE TOWERS THAT ARE GOING UP BEHIND US.
UM, AND PART OF THE DEAL THAT WAS MADE WHEN HE BOUGHT, UH, THE AREA WAS THAT THE CLUBS WERE LEFT INTACT AND THAT THEY WERE NOT TORN DOWN FOR, YOU KNOW, HIGH RISES.
SO IT'LL BE A COMBINATION TOGETHER, AND HE KNOWS THE IMPORTANCE OF KEEPING HIS, UH, RESIDENTS WHO WILL BE MOVING IN, UM, COMFORTABLE AND NOT BEING AFFECTED BY THE FAR SITUATION.
SO I GUESS THAT BEGS THE QUESTION, DO YOU HAVE ANY ASSURANCES FROM MR. ALON THAT THE SOUNDPROOFING WILL BE AS GOOD, IF NOT BETTER? ABSOLUTELY, BECAUSE ANY RESIDENT THAT COMES IN, THEY'RE GOING TO BE AWARE THAT THE CLUBS ARE THERE AND HAVE BEEN THERE FOR A VERY, VERY LONG TIME.
BUT MR. ALON HAS GUARANTEED THAT HIS BUILDINGS WILL, UH, PROTECT HIS RESIDENCE FROM ANYTHING THAT MIGHT BE, BUT THE SOUND THAT COMES OUT OF OUR BUILDINGS, YOU CAN GO TO THE BACK OF THE BACK PARKING LOT AND YOU CANNOT HEAR THE SOUND.
'CAUSE IT SOUNDS LIKE YOU HAVE MADE THE THE CLUB NOW TOTALLY
[00:50:01]
SOUNDPROOF.UM, I APPRECIATE YOUR ANSWERS AND THANK YOU, MA'AM.
MR. UH, QUICK MS. SHIN, DO YOU HAVE ANY QUESTIONS? NO QUESTIONS AT THIS TIME.
UH, MS. BANKSTON, I JUST HAVE ONE QUESTION.
UM, THE, THE DAISY POLK INN WAS BROUGHT UP.
UM, I UNDERSTAND THAT YOU DON'T KNOW IF, IF THEY SIGNED THE PETITION, BUT HAVE YOU HAD ANY CONVERSATIONS WITH THE OWNERS THERE ABOUT, UH, THE CLUB AND SPECIFICALLY WHETHER THEY'RE BOTHERED BY THE NOISE OR THE LATE HOURS? WELL, ACTUALLY, UM, THEY'RE VERY GOOD CUSTOMERS OF OURS AND, UM, LIKE I SAID, THEY'VE, THEY'VE BEEN THERE 15, 20 YEARS AND HAVE BEEN, UH, EXCELLENT NEIGHBORS AND HAVE ALSO BEEN EXCELLENT CUSTOMERS.
SO THEY ABSOLUTELY HAVE NO PROBLEM WITH THE CLUBS.
SO, SO YOU HAVE NO DOUBT THAT THEY'RE AWARE OF THIS LATE HOURS PERMIT PROCESS? RIGHT.
I MEAN, YEAH, THEY'RE, THEY'RE VERY AWARE THAT WE'VE HAD LATE HOURS ALL THESE YEARS AND, UM, I CAN'T, THEY'VE NEVER, AND I, YOU KNOW, I'M NOT EXAGGERATING.
THEY'VE, THEY'VE NEVER MADE ANY COMPLAINT TO US OR CAN YOU FIX THIS OR CAN YOU DO THAT? I MEAN, IT, IT HAS NEVER BEEN A PROBLEM.
IF, IF THEY DID, WOULD YOU? OH, ABSOLUTELY.
UM, ARE THERE ANY MEMBERS THAT HAVE ANY ADDITIONAL QUESTIONS OR FIRST ROUND IF YOU HAVEN'T ASKED QUESTIONS, I'LL GO THROUGH THE LIST AGAIN.
UH, MS. AYALA? NO QUESTIONS MS. WILLIS? NO, NOT AT THIS TIME.
MS. TORRES, OH, I JUST
UM, MS. BANKSTON, HOW WERE, HOW DO YOU GO ABOUT GETTING SIGNATURES? LIKE, DID YOU GUYS HAVE LIKE A NEIGHBORHOOD MEETING? DID YOU DO DOOR TO DOOR GO? HOW DID YOU OBTAIN THE, THE, UH, STAFF OF SUE ELLENS? UM, THEY WENT DOOR TO DOOR AND TO ALL OF THE BUSINESSES UP AND DOWN CEDAR SPRINGS.
UM, AND THEY DO TAKE ALONG, UH, INDIVIDUALS WHO CAN SPEAK, UH, SPANISH, UH, IF NEED BE.
UM, AND IT'S, YEAH, IT'S BY FOOT.
THEY GO ON FOOT AND, AND TALK TO PEOPLE.
MR. NIK DID A NICE FOLLOW UP ON MY CONCERN ABOUT SUE ELLENS, THAT'S A, OR NOT SUE, ELLENS DAISY POLK.
HOW ABOUT THE FAMILY RESIDENCE THAT'S LOCATED DIRECTLY BEHIND YOU? HAVE YOU HAD ANY INTERFACE WITH THE OWNERS OF THAT HOUSE AND WHAT'S BEEN THE NATURE OF THAT INTERFACE? NO, WE'VE NEVER HAD A PROBLEM WITH THEM.
AND THAT WAS ONE OF THE THINGS THAT I WANTED TO SHOW WITH THE, THE PICTURES, UH, OF BOTH BUSINESSES AND RESIDENCES THAT ARE IN THE BOOKLET IS A LOT OF YOU HAVE SEEN THOSE PICTURES YEAR AFTER YEAR, THE SAME PLACES, PLUS THE NEW PLACES.
SO IT, IT, IT SHOWS THAT PEOPLE DON'T MOVE AND WE DON'T HAVE A PROBLEM WITH THE, WITH THE HOUSE BEHIND US.
THANK YOU, MR. QUINT, DO YOU HAVE ANY MORE QUESTIONS? NO, SIR.
MS. SHIN, DO YOU HAVE ANY QUESTIONS? NO, THANK YOU.
WE WILL NOW PROCEED TO THE CITY'S PRESENTATION, UH, AND WE RESERVED YOUR OPENING SO YOU CAN BEGIN WITH YOUR OPENING IF YOU'D LIKE, OR YOU CAN JUST GET RIGHT INTO IT.
I'LL, I'LL, I'LL BRIEFLY SET THE SCENE, IF YOU WILL, MR. CHAIR.
UM, SO, UH, UH, LATE HOURS PERMIT IS SOMETHING WHICH WE NEED BY THE POLICE DEPARTMENT.
UH, IT'S NOT A DISCRETIONARY, UH, ACTIVITY, BUT IT'S, IT'S, IT'S A MANDATORY ONE IF YOU NEED THE REQUIREMENTS TO GET IT, IF, IF THERE ARE ANY REASONS TO DENY IT, IT'S DENIED.
UM, UH, BEING LOCATED WITHIN A THOUSAND FEET OF A LOT, UH, DEDICATED TO RESIDENTIAL USE IS,
[00:55:01]
UH, MANDATORY DENIAL.BUT THE CODE ANTICIPATES THAT THERE ARE LOTS OF, OF, UH, NIGHTTIME BUSINESSES THAT ARE LOCATED POST TO, UH, RESIDENTIAL USES.
AND SO THE MECHANISM THAT THE CITY PROVIDES, UH, TO EXERCISE DISCRETION, THAT'S OF COURSE THE BOARD.
UM, THE, UH, APPELLANT HAS PUT ON, UH, TESTIMONY THAT THERE'S NO DETRIMENTAL EFFECT.
WE'RE NOT GONNA CONTROVERT THAT TESTIMONY.
UH, THEY PUT ON TESTIMONY THAT IT WON'T DOWNGRADE PROPERTY VALUES.
WE'RE NOT GONNA CO CONVERT THAT.
UH, THEY PUT ON TESTIMONY THAT, UH, IT'S NOT, UH, WELL, I, WE, WE, WE DON'T ASSERT THAT IT'S, UH, CONTRARY TO ANY PROGRAM OF NEIGHBORHOOD CONSERVATION OR WILL INTERFERE WITH EFFORT AT URBAN RENEWAL OR RESTORATION.
AND I WILL CALL DETECTIVE MONTREAL WHO WILL, UH, PROVIDE TESTIMONY THAT IS NOT CONTRARY TO PUBLIC SAFETY.
UM, SO, UH, CITY CALLS DETECTIVE, PLEASE STATE YOUR NAME FOR THE RECORD.
AND HOW ARE YOU EMPLOYED? EMPLOYED WITH THE DALLAS POLICE DEPARTMENT LICENSING UNIT.
HOW LONG YOU'VE BEEN EMPLOYED IN THAT CAPACITY? I'VE BEEN EMPLOYED WITH THE DALLAS POLICE DEPARTMENT FOR 20, 26 YEARS.
BEEN WORKING WITH THE, UH, VICE LICENSING UNIT FOR APPROXIMATELY TWO AND A HALF YEARS.
AND WHAT ARE YOUR RESPONSIBILITIES IN THE VICE UNIT? UH, PART OF, UH, PART OF MY RESPONSIBILITY IS TO REPRESENT THE CHIEF POLICE IN ED LICENSEE APPEAL BOARDS HEARING REGARDING DENIALS AS, UH, CHAPTER 14.
A LOT OF THOSE ARE GONNA BE, UH, UH, REVIEWING APPLICATIONS FOR, UH, THAT'S ALL LICENSES, UH, LATE HOUR APPLICATIONS, UM, WITH CALL LICENSES, UM, SEND LICENSES AS WELL AS WE SO YOU REVIEW APPLICATIONS FOR LAID OUT PERMIT? CORRECT.
WE REVIEWED ALL THE, AND DID YOU REVIEW THIS APPLICATION? YES, I DID.
SO, ATTORNEY PAV ONE IN THE CITY'S BINDER, UM, CAN YOU BRIEFLY, UH, DESCRIBE FOR THE BOARD THE APPLICANT'S, UH, APPLICATION HISTORY? I, UH, SET UP THE HISTORY, UH, STARTED IN 2000, UH, 19.
I DIDN'T WANNA GO ALL THE WAY BACK TO, UH, EVER SINCE THEY'VE BEEN ESTABLISHED.
BUT IN, UM, OCTOBER OF 2019, THE PIPE DURING GRANTED THEN MAYBE TWO YEAR LATE HOUR EXTENSION, UH, LATE LATE HOUR WAS EXPIRING ON THE OCTOBER OF 2021.
UM, JUNE OF 2021, UH, DANCE HALL LICENSE WAS APPROVED.
LATE HOURS WAS FROM, UH, DENIED.
UH, LATE HOURS WERE EXPIRED ON 2021 ON JUNE OF 2021, LATE HOUR DENIAL LETTER WITH
BUT HERE, GRANTED THE, UH, RELEVANT A TWO YEAR LATE HOUR EXTENSION OCTOBER, UH, UNTIL WE DANCE, ALL LATE HOUR RENEWAL AFTER
UH, THAT'S ALL APPROVED LATE HOURS
UM, AND THEN THIS IS WHERE WE'RE AT NOW.
SEPTEMBER 23,
SO WHAT IS THE REASON FOR DENIAL THIS TIME AROUND? REASON FOR DENIALS? UH, THERE WAS, IT WAS AUTOMATIC.
IT'S A, UH, WE DON'T HAVE ANY DISCRETION, BUT PROPERTY OR THE BUSINESS LIFE.
AND, UM, TURNING TO TAB SEVEN, UM, DOES THIS TAB DOCUMENT CALLS FOR SERVICE AT SUE OWENS? CORRECT.
I DOCUMENTED THE CALL FOR SERVICE FOR A APPROXIMATELY A YEAR, AND I USED THOSE DATES OF JULY 22 THROUGH JULY, 2023, ONLY 'CAUSE THAT WAS DURING THE TIME THAT, UH, RECEIVED THE APPLICATION, THE, UH, RENEWAL APPLICATION.
UH, I WENT BACK AND, UH, WHAT I FOUND WAS THAT THERE WAS ONLY 22 CALLS TO A 9 1 1 22 9 1 1 CALLS.
AND HOW WOULD YOU CHARACTERIZE THE AMOUNT OF CALLS FOR A BUSINESS SIDE? UH, VERY LOW.
UH, TOTAL OFFENSE REPORTS FROM THOSE 22 WAS EIGHT, WHICH IS VERY LOW.
UH, AND I ACTUALLY BROKE IT DOWN INTO BETWEEN THE 2:00 AM AND 4:00 AM WHICH IS YOUR LATE HOURS.
THERE WAS ONLY THREE OF THOSE THREE, THERE WAS ONLY TWO REPORTS, UH, ME.
[01:00:01]
TWO REPORTS MADE OUT OF ALL THOSE FOR THAT ONE YEAR TO BE EXTREMELY LOW.SO TURNING TO TAB NINE, IS THIS THE, THE, THE DETAIL OF THE, OF THE TWO LATE HOURS REPORT? CORRECT.
UH, TURNING TO TAB NINE, UH, DETAIL OF THE TWO REPORTS WERE A UNKNOWN SUSPECT KEY, THE VEHICLE, WHICH AGAIN, IT WAS REPORTED BY THE STAFF MEMBERS FROM THE, UH, CLUB.
UH, SECOND ONE WAS A LOST PROPERTY FIRST.
THAT WAS LATER ACTUALLY, UH, FOUND BY THE STAFF MEMBERS FROM THE
AND, AND IS IT FAIR TO SAY THE KEY VEHICLE PROBABLY ACTUALLY DID NOT FEED IN THE CLUB, BUT PERHAPS IN THE SHERIFF PARKING LOT? TRUE.
UM, SO IN, IN OTHER WORDS, IT GENERATED REALLY ONE REALLY GENERATED ONE, WHICH THE LAST PURSE THAT WAS FOUND, RIGHT? CORRECT.
UM, SO AGAIN, HOW WOULD YOU CHARACTERIZE THE LEVEL OF INCIDENTS, YOU KNOW, BETWEEN TWO AND FOUR AT A BUSINESS LENGTH? YES, VERY LOW.
THE LEVEL OF INCIDENTS DURING THAT TIME, UH, TWO TO FOUR WERE VERY LOW, EXTREME LOW.
WOULD YOU SAY THAT THERE'S A PATTERN OF CRIME AT THIS LOCATION? I CAN'T SAY THAT THERE'S NOT A PATTERN.
ASIDE FROM THE LOCATIONAL RESTRICTION BEING WITHIN 1000 FEET OF THE RESIDENCE, IS THERE ANY OTHER REASON TO DENY THE DANCE HALL LATE HOURS PERMIT? NO.
THERE, SIR, IF THEY HAVE THE LATE HOURS PERMIT, DO YOU THINK IT WOULD BE CONTRARY TO PUBLIC SAFETY? NO.
MR. BIRCH, DO YOU HAVE ANY QUESTIONS FOR, UH, DETECTIVE RE UH, MR. BIRCH? I THINK YOU ARE ON MUTE.
UH, I DO NOT HAVE ANY QUESTIONS FOR, UH, DETECTIVE MONTE AND, AND THANK HIM FOR HIS TIME.
UM, WE'LL PROCEED WITH BOARD QUESTIONING THEN, BEGINNING WITH, UH, MS. AALA.
DO YOU HAVE ANY QUESTIONS FOR THE DETECTIVE? NOT AT THE MOMENT.
UH, MS. WILLIS, DO YOU HAVE ANY QUESTIONS FOR THE DETECTIVE? NO, I DON'T.
MS. TORRES, DO YOU HAVE ANY QUESTIONS FOR THE DETECTIVE? NO QUESTIONS.
THANK YOU FOR BEING HERE, HERE, DETECTIVE.
I HAVE MY THANKS AS WELL, DETECTIVE.
MR. QUINT, NO QUESTIONS AND THANK YOU, DETECTIVE FOR BEING HERE TODAY, MS. SHIN.
UM, FIRST, THANK YOU FOR BEING HERE TODAY, DETECTIVE.
UM, AND I'M NOT SURE IF IT'S YOU OR MR. WILKINS WHO MAY ANSWER THIS, BUT, UM, WE'VE HEARD TESTIMONY TODAY THAT THE LOCATION OF SUE ELLENS MAY CHANGE IN THE NEXT TWO YEARS WITH OUR DECISION TODAY.
IF WE APPROVE, UM, THEIR HOURS PERMIT, IS IT DEPENDENT ON THE BUSINESS OR THE ADDRESS THAT THEY'RE LOCATED AT CURRENTLY? UH, THI THIS MIGHT BE A QUESTION FOR GENERAL COUNSEL, BUT I, I AM THE, THE NIGHTTIME ENTERTAINMENT COMMITTEE PROSECUTOR.
MY UNDERSTANDING IS THAT IT'S THE APPLICANT AT THE LOCATION.
SO IF THE APPLICANT MOVES, THEY'VE GOTTA GET A NEW ONE.
IF SOMEBODY ELSE COMES INTO THE LOCATION, YOU BETTER GET A NEW ONE.
UH, THANK YOU, UH, DETECTIVE, I'VE JUST GOT ONE QUESTION FOR YOU.
AND THIS MAY SOUND SILLY, BUT I, I MEAN, DO YOU HAVE ANY CONCERNS AT ALL ABOUT THIS PROPERTY? IF, IF YOU HAD TO, YOU KNOW, THIS IS LIKE THE JOB INTERVIEW QUESTION.
LIKE, WHAT'S, WHAT'S YOUR WORST QUALITY? IF YOU HAD ANY CONCERNS AT ALL ABOUT THIS, UH, LATE HOUR PERMIT BEING GRANTED, WHAT WOULD THEY BE? IF I HAD ANY CONCERNS WITH BEING SECURITY, AND I BELIEVE THAT THEY'RE, UH, DOING THEIR JOB,
UH, THEY DO HAVE THE SECURITY OUT THERE, THERE ARE, UH, THAT THEY, THEIR KIOSK CAN GO TO, WHICH IS GREAT.
I MEAN, YOU HAVE TO, LIKE, ARE YOU ABLE GO TO THE SECURITY, SECURITY THAT ARE ROAMING AROUND AND PERFORMING ANY TYPE OF REPORTS? THAT'S ALL I DO.
THEY WANT SOMEBODY TO BE ABLE TO HAVE THAT COMMUNICATION WITHIN.
AND POLICE, IT SEEMS LIKE THEY, THEY ARE WORKING TOGETHER.
WE CAN HAVE A SECOND ROUND OF QUESTIONING FOR ANYBODY WHO ASKED.
WE'LL JUST GO THROUGH IT QUICKLY.
MS. TORRES? NO QUESTION MR. HAYES? NO QUESTIONS.
[01:05:01]
ALL RIGHT.UM, THE, OH, WELL, UM, MR. WILKINS, DO YOU STILL HAVE TIME? DO YOU HAVE ANY OTHER WITNESSES? THE CITY RESTS.
UH, WE DO HAVE TIME FOR, UH, CLOSING STATEMENTS IF ANYBODY BELIEVES A CLOSING STATEMENT IS NECESSARY.
MR. BIRCH, UH, I BELIEVE YOU'RE ON MUTE, SIR.
IF I COULD HAVE LIKE THREE MINUTES FOR A CLOSING, I THINK THAT WOULD BE GREAT.
UM, I WANNA THANK THE BOARD AGAIN FOR THEIR ATTENTION TODAY AND THEIR CONSIDERATION.
UH, THERE WERE SOME QUESTIONS EARLIER IN THE, UH, UH, UH, FROM THE, UH, BOARD CONCERNING THE RESIDENCE THAT WAS BEHIND, UH, SUE ELLENS ON DICKINSON STREET.
UH, IF YOU WANNA LOOK AT THAT, THAT LOCATION, IT'S AT PAGE 68, UH, OF OUR BOOKLET, UH, UNDER TAB FOUR, UH, THAT IS, IS LITERALLY A MILLION DOLLAR HOUSE THAT SOMEONE HAS BUILT BEHIND SUE ELLENS WHILE SUE ELLENS HAS BEEN IN OPERATION, WHILE THEY HAVE HAD A LATE HOURS PERMIT.
UH, AND I CAN'T IMAGINE THAT SOMEBODY WOULD PUT THAT KIND OF INVESTMENT IN A HOUSE, UH, IF THEY HAD ANY CONCERNS ABOUT NOISE.
UH, AND THEN ALSO THERE WAS A QUESTION RAISED ABOUT THE, UH, MIXED USE DEVELOPMENT, UH, FAR FROM BEING A PROBLEM, UH, FOR THE MIXED USE DEVELOPMENT THAT THAT IS BEING PLANNED.
UH, IT, THE MIXED USE DEVELOPMENT IS BEING PLANNED SPECIFICALLY TO INCORPORATE, UH, SUE ELLENS AND THE OTHER CABIN CLUBS, UH, AS PART OF THE ENTERTAINMENT VALUE AND AS PART OF THE MIXED USE.
UM, AND WE DIDN'T GET, WE DIDN'T HAVE TIME TO GO INTO THAT WITH MR. GWEN, BUT, UH, THE, THE, IT'S PRETTY CLEAR THAT, UH, FAR FROM DE BEING A DETRIMENT TO THAT DEVELOPMENT, UH, IT IS PART OF THE DRIVING FORCE BEHIND IT.
UH, SO WITH THAT, I THINK WE QUALIFY FOR THE, UH, EXEMPTION.
I, I DO THINK THAT IT, UH, IS APPROPRIATE TO GIVE US A TWO YEAR EXTENSION, UH, BECAUSE WE MEET ALL OF THE REQUIREMENTS FOR A TWO YEAR EXTENSION.
UH, AND AGAIN, I THANK YOU FOR YOUR TIME AND, UH, HAPPY TO ANSWER ANY QUESTIONS THAT THE BOARD HAS.
WILKINS, DO YOU HAVE A CLOSING? CITY? WAVES CLOSING.
UH, WE'LL NOW MOVE ON TO, UH, BOARD DISCUSSION.
IS THERE A MOTION FROM THE BOARD REGARDING THE CHIEF'S DENIAL OF THE DANCE HALL LATE HOURS PERMIT FOR SUE ALLENS? MS. TORRES, DO YOU HAVE A MOTION? UM, YES.
I'D LIKE TO MOVE TO APPROVE THE EXEMPTION TO THE LATE HOURS PERMIT FOR
UH, CONTINGENT ON THE FACT THAT THEY'RE MOVING SITUATION, RIGHT.
SO I HAVE A MOTION BY MS. TORRES TO REVERSE THE DECISION OF THE CHIEF OF POLICE AND GRANT THE EXEMPTION.
IS THERE A SECOND? SECOND, MR. QUINT? UH, WE'LL NOW HAVE DISCUSSION ON THE MOTION, BEGINNING WITH MS. TORRES SINCE IT'S YOUR MOTION.
UM, JUST BASED ON THE EVIDENCE, YOU KNOW, I'D LIKE TO BEGIN WITH THE FACT THAT THIS IS MORE ALONG THE LINES, UM, OF AN AUTOMATIC DENIAL.
UM, BUT WE WERE FLOODED WITH EVIDENCE, UH, ABOUT SUE ELLENS BEING AN INTEGRAL PART OF THIS COMMUNITY AND JUST GIVING BACK TO THE COMMUNITY WITH, YOU KNOW, LETTERS FROM LOCAL, UM, NONPROFITS, LETTERS FROM THE SCHOOL.
AND THOSE ARE VERY TELLING, YOU KNOW, WE ALSO HAVE EVIDENCE OF LIKE, KIDS WRITING LETTERS OF HOW GRATEFUL THEY ARE.
UM, SO I DEFINITELY WANT TO, UM, SAY THANK YOU TO SWELLS FOR THAT AND ENCOURAGE THAT CONTINUED SUPPORT OF THE COMMUNITY.
UM, SO ALSO, YOU KNOW, THERE THE WHOLE SOUNDPROOF, IT DOES LOOK LIKE IT IS SOUNDPROOF.
I WOULD SAY THAT IT WOULD BE INTERESTING TO SEE IN TWO YEARS, UH, MORE AN ENGINEERING EVIDENCE OF THAT.
JUST SOME SOUNDPROOF EVIDENCE THAT WE CAN HAVE ON PAPER.
UM, ALSO THE CALLS WERE LOW BASED ON THE POLICE DEPARTMENT.
THEY GOT A LOT OF SUPPORT FROM THE COMMUNITY, FROM
[01:10:01]
THE, UM, SIGNATURES.SO FOR THAT REASON, I DO BELIEVE, UM, I SUPPORT MY MOTION.
IS THERE ANYBODY WHO WOULD LIKE TO SPEAK AGAINST THE MOTION? I WOULD POINT OF ORDER IF THE MOTION AS STATED THE TERM OF TWO YEARS, THE EXTENSION
DO YOU HAVE AN AMENDMENT? I AMEND THE MOTION FOR PLEA OF THE EXTENSION TWO.
UH, WE HAVE AN AMENDMENT, UH, BY MR. HAYES TO MAKE THE APPRO THE EXEMPTION FOR TWO YEARS.
UH, IS THERE A SECOND FOR THE AMENDMENT? SECOND THAT ALRIGHT, UM, BEGUN THE AMENDMENT.
NO, I WAS JUST A TECHNICALITY.
UH, IS THERE ANYBODY WHO'D LIKE TO SPEAK ON THE AMENDMENT? WE CAN VOTE ON THE AMENDMENT.
UM, JUST, UM, I AGREE WITH THE AMENDMENT.
UH, IF THERE'S NO ONE ELSE WHO'D LIKE TO SPEAK ON THE AMENDMENT, LET'S VOTE TO AMEND THE MOTION TO MAKE THE EXEMPTION FOR TWO YEARS.
SO THE MOTION IS AMENDED TO REVERSE THE DECISION OF THE CHIEF OF POLICE AND GRANT SUE ALLENS A TWO YEAR EXEMPTION, UH, TO THE LATE HOURS, UH, PERMIT REQUIREMENT.
UM, SO MS. HEES, CAN YOU CONFIRM WHETHER, IF WE GRANT THE EXEMPTION, SINCE WE'RE NOT TALKING ABOUT A TWO YEAR EXEMPTION, IF WE GRANT THAT IT WILL ALSO APPLY TO THE NEW SUE ELLENS WHEN THAT'S BUILT? I, I, I'D LIKE TO CLARIFY SOMETHING.
THERE'S NOT GONNA BE A NEW SUE ELLENS BUILT.
THE, THE BUILDING IS GOING THE MIX, THE RESIDENTIAL PART OF THE, IS GONNA BE BUILT IMMEDIATELY BEHIND SUE ELLENS AND THEY'RE JUST GONNA BUILD KIND OF A, UM, UH, A, A COVER PARKWAY BETWEEN THE TWO.
BUT SUE ELLENS IS NOT MOVING ANYWHERE AND, AND WE DON'T ANTICIPATE ANY SUBSTANTIAL MODIFICATIONS TO IT OTHER THAN PERHAPS IMPROVEMENT IN THE SOUNDPROOFING IF REQUESTED BY THE, UH, UH, OWNER OF THE BUILDING.
SO WITH, WITH THAT UNDERSTANDING, WOULD THE, WOULD THE TWO YEAR EXEMPTION CONTINUE FOR THEM? YES.
SO THIS IS MARISSA HEINZ AT THE CITY ATTORNEY'S OFFICE.
SO THE PERMIT DOES INCLUDE BOTH THE APPLICANT AND THE LOCATION.
'CAUSE THE LOCATION IS IMPORTANT REGARDING THE PERMITTING PROCESS.
UH, BUT IF THEY'RE NOT MOVING LOCATION, THEN EVERYTHING WOULD BE FINE.