The City Council meeting on June 11 featured a presentation on The Tailgate and its failure to comply with Specific Use Designations (SUDs) and requirements. Led by Elizabeth Triggs, the city's planning and development officer, the presentation provided updates and suggestions for next steps regarding the property's compliance.
Triggs outlined the three specific use designations approved by the city council in December 2023, allowing The Tailgate to operate as a commercial amusement outdoor facility, a mobile food vendor park, and a site for on-premise alcohol consumption. Triggs noted concern that not all conditions of the SUDs were being met, leading to disturbances for surrounding businesses.
She provided a timeline of The Tailgate's operations, highlighting issues that surfaced since March 2022. Triggs emphasized the city council's efforts to work with The Tailgate to ensure compliance and minimize its impact on neighbors, particularly addressing complaints of dust and noise.
“There has been a lot of activity that has involved city council in many instances, granting uses, in some cases granting flexibility for the tailgate to help it better operate,” Triggs said during the council presentation. “It is a unique use that our code does not directly address, so there have been a lot of times when we’ve had to come before council, whether for specific use designations to authorize the use, or in one instance, a special exception to provide some flexibility as it relates to the offsite parking requirements. City staff and city council has worked with The Tailgate to bring it into compliance, and most importantly, mitigate its impact on the surrounding neighbors.”
Among the conditions outlined in the SUDs were requirements for parking lot paving, proper permitting of structures, and fencing around the premises.
As of June 11, certain conditions remain unmet, including the paving of parking spaces, with only around 170 out of approximately 800 spaces paved. Two out of five submitted permits also require revisions to address flood plain and fire separation issues, and Temporary Land Uses (TLUs) are required for all events using exterior auditory devices, such as speakers. Triggs says the failure to meet zoning requirements also jeopardizes The Tailgate's TABC license.
According to the city’s prosecutor's office records, the Midland Police Department has issued citations for SUD violations, with approximately 13 citations recorded, resulting in fines and costs totaling just under $14,000, in which all current fines have been paid. While eight citations have been resolved, five remaining citations are pending.
Sean Elphick, the co-owner of The Tailgate, also spoke at the council meeting and said the business plans to relocate within a year to a new location and “build it right from the beginning.” He contested the number of paved parking spaces cited, claiming to have paved the required 250 spaces as per the SUDs he signed for. He also assured the council that restroom facilities are nearing completion and that buildings will be relocated as required.
The council will continue to deliberate on the matter until a resolution is found that ensures compliance with SUDs and addresses resident concerns while allowing The Tailgate to operate within the city's regulations.