TAMPA CITY COUNCIL
THURSDAY, MAY 26, 2022
5:01 P.M.
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17:04:03 [GAVEL SOUNDING]
17:04:05 >>JOSEPH CITRO: GOOD EVENING, THE EVENING SESSION OF
17:04:07 TAMPA CITY COUNCIL IS IN SESSION.
17:04:13 ROLL CALL VOTE, PLEASE.
17:04:16 >>CLERK: CARLSON?
17:04:17 >>BILL CARLSON: HERE.
17:04:20 CAN YOU HEAR ME?
17:04:21 >>CLERK: VIERA?
17:04:23 VIERA?
17:04:27 MANISCALCO.
17:04:30 >>GUIDO MANISCALCO: HERE.
17:04:30 >>ORLANDO GUDES: HERE.
17:04:32 >>CHARLIE MIRANDA: HERE.
17:04:34 >>JOSEPH CITRO: HERE.
17:04:35 >>CLERK: WE HAVE A PHYSICAL QUORUM.
17:04:38 >>JOSEPH CITRO: THANK YOU VERY MUCH.
17:04:41 LADIES AND GENTLEMEN, WE WILL BE SHORT IN CHAMBERS TWO
17:04:42 COUNCILMEMBERS.
17:04:43 THEY WILL BE ONLINE.
17:04:47 COUNCILMAN VIERA -- EXCUSE ME, HE HAD A PRIOR
17:04:51 ENGAGEMENT BETWEEN 6 AND 6:30 THAT HE MUST ATTEND.
17:04:55 HE WILL BE BACK AT 6:30.
17:05:02 SO JUST TO LET YOU KNOW THERE MAY BE SOME MOVEMENT IN
17:05:03 OUR AGENDA THIS EVENING.
17:05:06 >>LUIS VIERA: HERE.
17:05:07 >>JOSEPH CITRO: HE IS HERE.
17:05:10 LET THE RECORD REFLECT THAT COUNCILMAN VIERA IS HERE
17:05:10 OPINION.
17:05:12 >>MARTIN SHELBY: WHERE IS HE?
17:05:14 EXCUSE ME --
17:05:17 >>JOSEPH CITRO: START OUR MEETING WITH ITEM AGENDA
17:05:21 NUMBERING 1, TA/CPA 21-27.
17:05:23 >>MARTIN SHELBY: MR. CHAIRMAN, IF I CAN.
17:05:27 IS MR. VIERA -- DO YOU SEE HIM ONLINE?
17:05:31 >>CLERK: HE IS, BUT HE HAS HIS CAMERA OFF.
17:05:39 >>MARTIN SHELBY: MR. VIERA, CAN YOU HEAR US?
17:05:43 >>BILL CARLSON: I THINK HE WAS HAVING INTERNET
17:05:58 DIFFICULTIES DURING THE SET-UP.
17:06:04 >>MARTIN SHELBY: PARDON?
17:06:14 >> THERE HE IS.
17:06:16 >>GUIDO MANISCALCO: ITEM NUMBER 1?
17:06:17 YES, MA'AM.
17:06:19 >> GOOD EVENING, COUNCILMEMBERS, PLANNING COMMISSION
17:06:20 STAFF.
17:06:24 THIS ITEM TA/CPA 21-27.
17:06:27 THIS IS THE AMENDMENT THAT SERVES AS THE TEN-YEAR WATER
17:06:30 SUPPLY FACILITIES WORK PLAN AMENDMENT.
17:06:33 THIS IS AN ADOPTION HEARING THIS EVENING.
17:06:36 YOU HEARD THIS ITEM BACK IN FEBRUARY AT TRANSMITTAL.
17:06:37 ONE.
17:06:38 ONE ITEM FOR THE RECORD --
17:06:43 >>JOSEPH CITRO: MA'AM, MA'AM -- I APOLOGIZE.
17:06:43 MR. SHELBY.
17:06:46 >>MARTIN SHELBY: I AM SORRY, THANK YOU, MR. CHAIRMAN.
17:06:49 >>JOSEPH CITRO: I APOLOGIZE, MAN.
17:06:51 >>MARTIN SHELBY: MARTIN SHELBY, CITY COUNCIL ATTORNEY.
17:06:54 TONIGHT'S MEETING WILL BE AVAILABLE TO WATCH, LISTEN
17:06:58 AND VIEW SPECTRUM 640 AND FRONTIER CHANNEL 15.
17:07:02 AND ON THE INTERNET AT TAMPA.GOV/LIVESTREAM.
17:07:05 NOW MEMBERS OF THE PUBLIC MAY PARTICIPATE IN CITY
17:07:08 COUNCIL BY ATTENDING EITHER IN PERSON OR VIRTUALLY
17:07:17 THROUGH VIDEO TELECONFERENCING REFERRED TO AS
17:07:21 COMMUNICATION MEDIA TECHNOLOGY.
17:07:24 IN A QUASI LEGISLATIVE PATTER AND INSTRUCTIONS ARE
17:07:29 AVAILABLE ONLINE AT TAMPA.GOV/QUASI.
17:07:32 IN ORDER TO PARTICIPATE VIA CMT, YOU MUST HAVE A
17:07:35 COMMUNICATION MEDIA DEVICE SUCH AS A COMPUTER EQUIPPED
17:07:38 WITH A CAMERA AND MICROPHONE THAT WILL ENABLE YOU TO BE
17:07:41 SEEN AND HEARD BY CITY COUNCIL AND OTHER PARTICIPANTS
17:07:45 FOR THE SPECIFIC TWO-WAY VIRTUAL MEETING FORMAT, CELL
17:07:48 PHONES AND SMARTPHONES ARE NOT COMPATIBLE AS THEY WILL
17:07:53 NOT ALLOW TO YOU SHARE YOUR CAMERA WHEN CONNECTED.
17:07:56 ON THE GO TO MEETING PLATFORM.
17:07:58 BE ADVISED THERE IS A CHAT BOX.
17:08:01 DO NOT USE THE CHAT BOX TO COMMUNICATE WITH CITY
17:08:02 COUNCILMEMBERS.
17:08:04 THE ONLY PURPOSE OF THE CHAT BOX IF YOU HAVE TECHNICAL
17:08:05 DIFFICULTIES.
17:08:08 NOW IN KEEPING WITH COUNCIL'S CONTINUED USE OF
17:08:10 COMMUNICATION MEDIA TECHNOLOGY, IF WE CAN JUST WAIVE
17:08:13 THE RULES TO MAKE IT CONSISTENT.
17:08:16 >>JOSEPH CITRO: MOTION MADE BY COUNCILMAN MANISCALCO,
17:08:18 SECONDED BY COUNCILMAN GUDES.
17:08:18 ALL IN FAVOR.
17:08:20 OPPOSED.
17:08:23 >>GUIDO MANISCALCO: MOTION TO MOVE 1-9.
17:08:25 >>JOSEPH CITRO: MOTION BY COUNCILMAN MANISCALCO.
17:08:28 SECONDED BY MIRANDA.
17:08:29 ALL IN FAVOR.
17:08:30 OPPOSED?
17:08:31 THANK YOU, MA'AM.
17:08:31 PLEASE CONTINUE.
17:08:34 >> GOOD EVENING, MELISSA DICKENS FOR THE RECORD,
17:08:36 PLANNING COMMISSION STAFF.
17:08:40 IN ITEM IS TA/CPA 21-27.
17:08:43 THIS IS THE AMENDMENT THAT SERVES AS THE TEN-YEAR WATER
17:08:46 SUPPLY FACILITY WORK PLAN AMENDMENT.
17:08:48 THIS IS AN ADOPTION HEARING THIS EVENING.
17:08:51 THIS ITEM CAME BEFORE YOU FOR TRANSMITTAL BACK IN
17:08:52 FEBRUARY.
17:08:55 ONE ITEM I WANTED TO NOTE FOR THE RECORD, WE DISCOVERED
17:08:58 EARLIER TODAY THAT AN ELDER VERSION OF THE PACKET WAS
17:09:01 INADVERTENTLY ON SIRE.
17:09:04 WE DID SEND AN EMAIL TO THIS COUNCIL.
17:09:07 ALSO A HARD COPY HERE THAT HAS THE CORRECT VERSION OF
17:09:08 THE PACKET.
17:09:10 AND ALSO BEEN CORRECTED IN SIRE.
17:09:18 BUT I WANTED TO NOTE THAT FOR THE RECORD.
17:09:23 SOME BACKGROUND ON THIS AMENDMENT -- EXCUSE ME.
17:09:25 SOME BACKGROUND ON THIS AMENDMENT.
17:09:28 THIS IS A PUBLICLY INITIATED AMENDMENT.
17:09:31 THIS AMENDMENT IS REQUIRED BY CHAPTER 163 IN THE
17:09:33 FLORIDA STATUTES.
17:09:36 IT IS REQUIRED FOLLOWING THE ADOPTION OF THE ORIGINAL
17:09:40 WATER SUPPLY PLAN BY THE WATER MANAGEMENT DISTRICT.
17:09:43 THE WATER MANAGEMENT DISTRICT ADOPTED THE REGIONAL
17:09:46 WATER SUPPLY PLAN BACK IN MAY OF 2020.
17:09:49 AND SO WE ARE MOVING FORWARD TO MEET THIS STATUTORY
17:09:52 REQUIREMENT TO UPDATE THE COMPREHENSIVE PLAN
17:09:54 ACCORDINGLY.
17:09:57 THIS AMENDMENT CONTAINS BOTH CHANGES TO THE POTABLE
17:10:00 WATER SECTION AND THE INFRASTRUCTURE SECTION.
17:10:04 AND WE HAVE MODIFIED THE PACKET SINCE TRANSMITTAL FOR
17:10:08 CLARIFICATION TO THE PUBLIC.
17:10:11 WE HAVE REMOVED THE NONADOPTED -- SO NOT GOING TO THE
17:10:16 COMPREHENSIVE PLAN AT ALL -- SIMPLY SUPPLEMENTAL
17:10:19 INFORMATION FROM THE PACKET TO AVOID CONFUSION WHAT IS
17:10:23 SPECIFICALLY BEING ADOPTED IN THE COMPREHENSIVE PLAN.
17:10:26 THE PURPOSE OF THIS AMENDMENT, THIS SERVES AS THE
17:10:29 TEN-YEAR WATER SUPPLY FACILITIES WORK PLAN UPDATE.
17:10:33 AND THE TWO ITEMS THAT ARE MODIFIED AS NOTED IN YOUR
17:10:33 PACKETS.
17:10:37 FIRST, A REPLACEMENT OF THE EXISTING TEN-YEAR WATER
17:10:39 SUPPLY FACILITIES WORK PLAN TABLE.
17:10:41 THAT IS IN THE POTABLE WATER SECTION.
17:10:44 SO THERE IS A COMPLETE STRIKE-THROUGH OF THE EXISTING
17:10:46 TABLE AND REPLACEMENT OF A NEW TABLE.
17:10:50 WE ALSO HAVE EDITS AND UPDATES TO THE WATER-RELATED
17:10:52 LANGUAGE IN THE POTABLE WATER AND INFRASTRUCTURE
17:10:54 SECTIONS OF THE PLAN.
17:10:58 THIS LANGUAGE WAS ADDED TO CREATE SOME LANGUAGE AROUND
17:11:02 COORDINATED AND COLLABORATIVE WATER RESOURCES PLANNING
17:11:07 AND HOLISTIC PLANNING FOR WATER RESOURCES.
17:11:12 IN TERMS OF A CONSISTENCY REVIEW, THE -- THE PROPOSED
17:11:15 AMENDMENT IS CONSISTENT WITH BOTH GOVERNMENTAL POLICIES
17:11:19 AND POTABLE WATER POLICIES RELATED TO THE REGIONAL
17:11:21 WATER SUPPLY PLAN AND ALSO CONSISTENT WITH ALTERNATIVE
17:11:25 WATER SUPPLY AND CONSERVATION OBJECTIVE 1.26 IN THE
17:11:27 ENVIRONMENTAL SECTION, AS WELL AS POTABLE WATER
17:11:32 OBJECTIVE 1.2, ABOUT MEETING FUTURE WATER DEMANDS.
17:11:36 THIS IS A SAMPLE OF THE OBJECTIVES AND POLICIES RELIED
17:11:38 ON FOR CONSISTENCY.
17:11:41 THE FULL LIST IS AVAILABLE IN YOUR PACKET.
17:11:44 WE DID PROVIDE THIS AMENDMENT TO STATE, LOCAL AND
17:11:48 REGIONAL ALLEGATION, INCLUDING THE SOUTHWEST FLORIDA
17:11:50 WATER MANAGEMENT DISTRICT AND TAMPA BAY WATER.
17:11:53 WE RECEIVED NO OBJECTIONS FROM REVIEWING AGENCIES, NO
17:11:55 OBJECTIONS FROM CEO.
17:11:57 AND WE DID RECEIVE COMMENTS FROM THE THREE AGENCIES
17:12:01 NOTED HERE, APC, THE TRANSPORTATION ORGANIZATION AND
17:12:05 THE CITY OF TAMPA.
17:12:07 AND FOR A RECOMMENDATION, PLANNING COMMISSION
17:12:16 RECOMMENDS THE PROPOSED TEXT AMENDMENT TCA -- CPA 21-27
17:12:18 BE CONSISTENT WITH THE IMAGINE 2040: TAMPA
17:12:20 COMPREHENSIVE PLAN.
17:12:23 AND THIS CONCLUDES MY FORMAL PRESENTATION THIS EVENING.
17:12:25 AGAIN, THIS IS AN ADOPTION HEARING.
17:12:28 I AM AVAILABLE IF YOU HAVE ANY QUESTIONS.
17:12:31 >>JOSEPH CITRO: ANY QUESTIONS FOR STAFF?
17:12:32 >>BILL CARLSON: I HAVE ONE.
17:12:35 >>JOSEPH CITRO: I AM SORRY?
17:12:36 >>BILL CARLSON: I HAVE ONE.
17:12:38 >>JOSEPH CITRO: MR. CARLSON, ARE YOU THERE?
17:12:41 >>BILL CARLSON: AS I READ -- I LOOKED AT THE DOCUMENT
17:12:45 TO MAKE SURE I READ THE CORRECT ONE, BUT IN THE CHARTER
17:12:47 AT THE END SAYS PURE.
17:12:49 DOESN'T DAY POTABLE WATER.
17:12:51 AND IT SAYS PURE.
17:12:54 AM I READING THE CORRECT VERSION OF IT?
17:12:57 >> ARE YOU TALKING ABOUT IN THE TABLE?
17:12:57 >>BILL CARLSON: YES.
17:12:59 >> THE TABLE IS CONSISTENT WITH WHAT IS APPROVED WITHIN
17:13:04 THE CAPITAL IMPROVEMENTS ELEMENT -- EXCUSE ME, THE
17:13:06 CAPITAL IMPROVEMENTS PROGRAM.
17:13:09 SO WHATEVER WAS -- OR APPROVED PROJECTS WITHIN THE CIP.
17:13:13 IT IS CONSISTENT WITH THE NUMBERS IN THE PROJECTS IN
17:13:16 THOSE -- IN THAT DOCUMENT.
17:13:19 >>BILL CARLSON: YEAH, I WILL JUST SAY -- AND THIS IS
17:13:21 NOT DIRECTED AT THE PLANNING COMMISSION BUT TO MY
17:13:22 COLLEAGUES.
17:13:24 THE WATER DEPARTMENT IS TRYING TO FILL THE COMMUNITY
17:13:28 WITH 1,000 PAPER CUTS ON THIS PURE ISSUE.
17:13:29 WE DON'T NEED IT.
17:13:33 EVERY BIT OF LEGAL ADVICE AND LEGISLATIVE ADVICE I HAVE
17:13:35 GOTTEN THAT WE HAVE AN EXCEPTION ALREADY IF WE APPLIED
17:13:36 FOR IT.
17:13:38 THE STAFF DOESN'T WANT TO APPLY.
17:13:39 THEY WANT TO WASTE MONEY.
17:13:42 WE HEARD THIS MORNING HOW THE PUBLIC IS TIRED OF WATER
17:13:44 RATE INCREASES AND TAX INCREASES.
17:13:49 AND THEY DON'T WANT THEIR WATER RATES DOUBLED TO DRINK
17:13:50 POTTY WATER.
17:13:54 THE STAFF -- NOT THE PLANNING COMMISSION BUT THE WATER
17:13:57 DEPARTMENT STAFF WILL BRING THIS TO US. THEY NEED TO
17:13:58 JETTISON THE PUBLIC.
17:14:03 IF THE CITY A STAFF AND MAYOR WANT TO HELP THE
17:14:05 COMMUNITY, THEY CAN GET RID OF IT.
17:14:08 THEY DON'T WANT TO PAY FOR IT, AND THEY DON'T NEED IT.
17:14:11 WHEN IT FINALLY COMES OUT AND COVERED BY THE MEDIA IT
17:14:14 WILL BE TOO LATE TO STOP IT AND EVERYBODY WHO VOTED ON
17:14:17 IT WILL BE BLAMED FOR VOTING ON SOMETHING THAT THE
17:14:18 COMMUNITY DOESN'T WANT.
17:14:21 THEY ARE NOT AWARE THAT THIS THING IS MOVING FORWARD
17:14:22 INCH-BY-INCH.
17:14:25 BUT WE NEED TO STOP IT WHEREVER WE CAN.
17:14:28 I AM DEFINITELY GOING TO VOTE AGAINST THIS.
17:14:30 I VOTE FOR ANYTHING THAT HAS PURE IN IT.
17:14:33 CALL PEOPLE IN TALLAHASSEE AND REQUEST THEM WHAT THEY
17:14:33 THINK OF THIS.
17:14:37 A RIDICULOUS WASTE OF MONEY AND WE NEED TO FIND OUT WHO
17:14:39 IS BEHIND THIS, WHY AND WHY THE WATER DEPARTMENT IS
17:14:40 PUSHING IT.
17:14:41 THANK YOU.
17:14:43 >>JOSEPH CITRO: COUNCILMAN MIRANDA.
17:14:45 >>CHARLIE MIRANDA: THANK YOU VERY MUCH, MR. CHAIRMAN.
17:14:48 LET ME JUST SAY WHEN YOU LOOK AT THIS THING AND YOU
17:14:52 UNDERSTAND THAT WE HAVE A CONTRACT WITH OUR CITIZENS TO
17:14:55 GIVE THE BEST WATER AT THE BEST PRICE.
17:14:57 I WILL CHALLENGE ANY PERSON, INCLUDING THE ELECTED
17:15:01 OFFICIAL TO LOOK AT THE WATER RATES OF THE CITY OF
17:15:08 TAMPA COMPARE IT TO ST. PETE, CLEARWATER, ANYONE IN
17:15:10 THIS AREA AND TELL ME WHO IS THE LOWEST WATER.
17:15:13 I AM NOT GOING TO TELL YOU WHICH IT IS.
17:15:15 IF I MAKE THAT STATEMENT, YOU WILL UNDERSTAND WHICH ONE
17:15:16 IT IS.
17:15:20 I CHALLENGE ANYONE ON THE WATER ISSUES AND THE COST OF
17:15:23 WATER AND THE PARTICIPATION WE HAVE WITH OTHER
17:15:24 COMMUNITIES.
17:15:33 AND THIS IS NOT -- YOU GO TO PAGE SIX.
17:15:39 PLANNING COMMISSION RESOLUTION TA/CPA 21-27.
17:15:41 AND LOOK THE OPPOSITE SIDE.
17:15:47 MAINTAIN ALL WATER VERY RESOURCES BY THE SOUTHWEST
17:15:48 FLORIDA WATER MANAGEMENT DISTRICT.
17:15:53 AND THE CAPACITY OF 125 GALLONS, THE ANNUAL AVERAGE,
17:15:59 ADDITIONAL CAPACITY TO MEET ALL LEVELS OF SERVICE TO
17:16:04 TAMPA BAY WATER AND THE INTERLOCAL AGREEMENT OF 1998.
17:16:04 WHAT DOES IT MEAN?
17:16:09 IT MEANS WE HAVE THE RIGHT TO BUY WATER FROM TAMPA BAY
17:16:13 WATER AND SOMETIMES DURING THE CURRENT YEARS, THERE IS
17:16:15 ALWAYS A NEED TO BUY WATER.
17:16:17 AND WE BUY WATER AND WE SELL WATER.
17:16:19 WE BUY WATER FROM TAMPA BAY WATER.
17:16:21 AT TIMES, THEY BUY WATER FROM US.
17:16:26 SO THERE IS A POINT IN PLACE THAT -- FOR THE -- FOR THE
17:16:29 SEVERABILITY OF THIS WHOLE AREA.
17:16:31 THIS AREA IS GROWING.
17:16:34 THIS AREA CONTINUES TO GROW AND WE HAVE A PERMIT OF 82
17:16:37 MILLION GALLONS A DAY DAILY AVERAGE.
17:16:39 WHAT DOES THAT MEAN?
17:16:43 THAT MEANS THAT SOME DAYS PRODUCE MORE THAN 82 MILLION
17:16:45 GALLONS DAY.
17:16:47 HOWEVER, AT THE CONJUNCTION OF THE YEAR, YOU CAN NOT
17:16:51 AVERAGE MORE THAN 82 MILLION GALLONS A DAY WATER USAGE
17:16:53 OR PRODUCED.
17:16:58 YOU CAN GO OVER PRODUCTION OF THE PLANT CANNOT GO OVER
17:17:02 82 BILLION GALLONS A DAY AND THAT IS THE CONTRACT WE
17:17:04 HAVE WITH SOUTHWEST WATER MANAGEMENT AND THAT GOES ALL
17:17:06 THE WAY UP TO THE STATE OF FLORIDA.
17:17:09 EVERYTHING HERE IS REVIEWED BY DIFFERENT AGENCIES
17:17:11 OPINION NOT BY I OR ANYONE ELSE.
17:17:12 REVIEWED BY THE AGENCIES.
17:17:15 JUST LIKE YOUR PLANNING COMMISSION REVIEWED IT.
17:17:19 WENT ALL THE WAY UP AND DID YOUR DUE DILIGENCE IN THIS.
17:17:21 I WILL BE VOTING IN FAVOR OF THIS.
17:17:23 >>JOSEPH CITRO: COUNCILWOMAN HURTAK.
17:17:28 >>LYNN HURTAK: I -- WHILE I DO UNDERSTAND THAT, I ALSO
17:17:30 AM VERY CONCERNED ABOUT THE PURE.
17:17:36 NOT BECAUSE -- I HAVEN'T HAD ENOUGH TIME TO TRULY STUDY
17:17:40 THE PROJECT FROM A COUNCILMEMBER'S PERSPECTIVE, BUT
17:17:44 FROM A NEIGHBORS' PERSPECTIVE AND WHAT MY NEIGHBORS AND
17:17:47 CONSTITUENTS ARE TELLING ME, THEY ARE CONCERNED ABOUT
17:17:48 THIS.
17:17:50 I AM HAVING TO REVISIT IT LATER WHEN WE ARE TALKING
17:17:54 ABOUT PURE, BUT TO HAVE THIS HERE IS JUST A NO-GO FOR
17:17:55 ME.
17:17:56 I CAN'T VOTE FOR IT.
17:17:59 AND I AM HAPPY THAT IT IS SOMETHING THAT WE DECIDE TO
17:18:03 DO LATER TO ADD IT BACK ON, BUT IT'S -- IT'S JUST NOT
17:18:04 GOING TO HAPPEN FOR ME.
17:18:08 AND IN TALKING ABOUT HOW MUCH WATER WE ARE ALLOWED TO
17:18:11 PULL OUT, I AM ALSO CONCERNED THAT THERE IS NO -- I
17:18:15 MEAN, I KNOW WE DO SOME EDUCATION, BUT WE HAVE TO STOP
17:18:18 PEOPLE FROM USING THAT POTABLE WATER ON THEIR LAWNS.
17:18:21 WE HAVE TO DO SOMETHING ABOUT THAT.
17:18:23 AND I AM NOT SEEING ANYTHING THAT WE ARE DOING
17:18:29 REGARDING THAT IN THIS WORK PLAN.
17:18:33 >>JOSEPH CITRO: ANY OTHER COMMENTS OR QUESTIONS FROM
17:18:34 COUNCIL TO STAFF?
17:18:37 ANYBODY IN THE AUDIENCE THAT WANTS TO SPEAK TO AGENDA
17:18:43 ITEM NUMBER 1, TA/CPA 21-27.
17:18:44 SEEING NONE.
17:18:49 WE HAVE MISS JEAN STROHMEYER ON THE LINE.
17:18:52 >>CLERK: SHE IS NOT LOGGED ON.
17:18:54 >>JOSEPH CITRO: SHE IS NOT LOGGED ON.
17:18:58 >> MOVE TO CLOSE.
17:19:03 >>JOSEPH CITRO: COUNCILMAN GUDES?
17:19:06 >>ORLANDO GUDES: SINCE 2019 WE HAVE BEEN TALKING OF
17:19:10 THE PURE PROJECT, TAP PROJECT.
17:19:11 AND IT IS CONTROVERSIAL.
17:19:14 I DON'T THINK IT HAS BEEN SETTLED.
17:19:18 I THINK WE HAVE STUDIES OUT NOW THAT ARE GOING ON.
17:19:25 SO -- I CAN SEE MR. MIRANDA'S POINT OF KNOWING WHAT WE
17:19:26 ARE DOING.
17:19:29 BUT ALSO MR. CARLSON'S POINT RIGHT NOW WE ARE AT A
17:19:32 STAGE WHERE WE HAVE CONTROVERSY ABOUT THE PURE PROJECT.
17:19:35 WHY IS IT IN THIS DOCUMENT RIGHT NOW.
17:19:40 SO I GUESS THAT IS WHAT MY CONFUSION IS WHY IT IS THERE
17:19:40 VERSUS.
17:19:45 WE ARE NOT SET IN STONE TO USE THIS PROJECT, WHY -- WHY
17:19:51 IS IT IN THIS DOCUMENT TODAY.
17:19:52 >> MAY I RESPOND TO THAT?
17:19:54 >>JOSEPH CITRO: PLEASE.
17:19:56 >> THESE PROJECTS WERE PROVIDED TO US BY THE CITY OF
17:19:58 TAMPA.
17:20:00 AND MY UNDERSTANDING IS THAT THESE PROJECTS AND THE
17:20:04 FUNDING IS CONSISTENT WITH WHAT IS IN THE -- THE CIP.
17:20:08 SO WHAT IS IN THE CAPITAL IMPROVEMENT PROGRAM.
17:20:12 SO I WANTED EVERYONE TO KNOW THE SOURCE OF THOSE
17:20:17 PROJECTS, THE STATE STATUTE DOES PROVIDE GUIDANCE THAT
17:20:20 WE SHOULD PROVIDE ALL TYPES OF WATER PROJECTS FOR THE
17:20:25 NEXT TEN YEARS WITHIN THIS PARTICULAR WORK PLAN TABLE.
17:20:28 AND SO, A WIDE VARIETY OF WATER PROJECTS ARE INCLUDED
17:20:33 IN THAT TABLE.
17:20:35 >>JOSEPH CITRO: COUNCILWOMAN HURTAK.
17:20:39 >>LYNN HURTAK: ARE THERE ANY EDUCATION PROJECTS ABOUT
17:20:50 REDUCING WATER USE FOR THINGS LIKE LAWNS IN THIS?
17:21:09 >> I AM LOOKING RIGHT NOW.
17:21:24 BECAUSE MA'AM -- I AM LOOKING -- I DON'T SEE ANY
17:21:27 SPECIFIC EDUCATION PROJECTS.
17:21:33 YOU KNOW, THIS -- THIS LIST IS NOT NECESSARILY
17:21:35 COMPLETELY EXhAUSTIVE.
17:21:39 MAY BE OTHER PROJECTS THAT ARE NOT REFLECTED IN HERE IN
17:21:42 MANY PROGRAMS OR CITY DOCUMENTS.
17:21:48 THIS IS THE DOCUMENT FOR THE COMPREHENSIVE PLAN.
17:21:50 >>JOSEPH CITRO: MR. SHELBY, I AM SORRY.
17:21:53 >>MARTIN SHELBY: IF MY UNDERSTANDING IS THE SOURCE OF
17:22:00 THIS IS THE -- IS THE ADOPTED CIP.
17:22:00 >> YES, SIR.
17:22:03 >>MARTIN SHELBY: COUNCIL VOTED ON THIS WHEN THEY VOTED
17:22:06 ON THE BUDGET AND THE CAPITAL IMPROVEMENT PLAN, THIS
17:22:08 WORK PLAN.
17:22:10 >> THE PROJECTS WITHIN THIS WORK PLAN.
17:22:12 >>MARTIN SHELBY: THE PROJECT TABLE.
17:22:17 >> NOT THE SPECIFIC BUT THE PROJECTS IN THE MODEL.
17:22:19 >>LUIS VIERA: MR. CHAIR.
17:22:23 >>CHARLIE MIRANDA: MR. VIERA HAS NOT SPOKEN YET.
17:22:24 >>LUIS VIERA: YES, SIR, THANK YOU VERY MUCH.
17:22:25 IN LOOKING AT THIS.
17:22:27 LET ME ASK STAFF THIS.
17:22:28 I THINK THE ANSWER IS NO.
17:22:32 BUT ARE THERE ANY SORT OF IMMEDIATE URGENCY FOR PASSING
17:22:36 THIS WHERE A ONE-WEEK DELAY, YOU KNOW, TO BE FURTHER
17:22:41 BRIEFED ON IT WILL SOMEHOW PREJUDICE THE INVOLVED
17:22:42 PARTIES?
17:22:45 I WANT TO MAKE SURE I HAVE ALL THE INFORMATION BEFORE
17:22:48 BY ONE WAY OR THE OTHER AND WHATNOT.
17:22:54 I PERSONALLY -- ME, I DIDN'T ANTICIPATE THIS AND I WANT
17:22:56 TO MAKE SURE I HAVE ALL THE INFORMATION.
17:22:59 THAT'S ALL.
17:23:01 >> I AM SURE, I AM NOT SURE I COMPLETELY HEARD THE
17:23:03 FULL QUESTION FOR STAFF.
17:23:05 I APOLOGIZE.
17:23:08 >>LUIS VIERA: YES, DOES A CONTINUANCE OF ONE WEEK ANY
17:23:17 WAY PREJUDICE ANY OF THE INVOLVED PARTIES?
17:23:21 >> I THINK FROM PLANNING COMMISSION PERSPECTIVE, A
17:23:23 ONE-WEEK EXTENSION IS ACCEPTABLE.
17:23:25 WE ARE UNDER A DEADLINE TO GET THIS ADOPTED BY THE
17:23:29 STATE, SO WE WANT TO MAKE SURE THAT WE DO MOVE THIS
17:23:31 FORWARD AND I THINK JENNIFER MALONE MAY HAVE SOMETHING
17:23:32 TO ADD.
17:23:33 >>JENNIFER MALONE: JENNIFER MALONE WITH THE PLANNING
17:23:34 COMMISSION.
17:23:38 WE WILL TAKE -- WE ARE VERY GRACIOUS AND THE ONE-WEEK
17:23:38 EXTENSION.
17:23:41 WE WILL HAVE TO SEND A LETTER TO THE DEPARTMENT OF
17:23:43 ECONOMIC OPPORTUNITY TO LET THEM KNOW WE ARE STILL
17:23:46 WORKING ON THE ITEM WITH THE STATE BECAUSE A LEGALLY
17:23:51 MANDATED TIMELINE THIS HAS TO BE ADOPTED.
17:23:52 >>JOSEPH CITRO: COUNCILMAN MIRANDA.
17:23:55 >>CHARLIE MIRANDA: IF I MAY, ONE WEEK IS FINE WITH ME
17:23:59 ALSO, BUT THE GENERAL MANAGER OF TAMPA BAY WATER
17:24:04 IS, I THINK, DUE TO ADDRESS COUNCIL ON THE 2ND OF JUNE
17:24:07 OR THE 9TH OF JUNE.
17:24:09 I AM NOT SURE WHICH WEEK.
17:24:11 TEN YEARS IN ANY WATER PROJECT IN ANY CITY IN ANY
17:24:15 DISTRICT IN ANY PART OF THE DISTRICT IS A SHORT PERIOD
17:24:19 OF TIME BECAUSE IT TAKES AN ENORMOUS AMOUNT OF TIME TO
17:24:22 GET THE PERMITS AND CONSTRUCTION MONEY TO DO ANYTHING.
17:24:29 THE TAMPA BAY WATER.
17:24:31 YOU HAVE TO BE PREPARED WITH THE POPULATION INFLUX THAT
17:24:33 WE HAVE NOT ONLY IN TAMPA BUT THROUGHOUT THE STATE OF
17:24:34 FLORIDA.
17:24:36 AND I AM NOT OPPOSED TO ONE WEEK.
17:24:38 I CAN'T SPEAK FOR ANYONE ELSE.
17:24:40 >>JOSEPH CITRO: COUNCILWOMAN HURTAK.
17:24:45 >>LYNN HURTAK: I AM NOT OPPOSED, I SIMPLY DON'T SEE IT
17:24:49 PURE -- IF IT IS STILL ON, I AM STILL A NO.
17:24:51 >>BILL CARLSON: MR. CHAIR?
17:24:54 >>ORLANDO GUDES: IS THAT COUNCILMAN CARLSON?
17:24:55 >>BILL CARLSON: YES.
17:24:57 CAN YOU HEAR ME OKAY?
17:24:59 >>JOSEPH CITRO: YES, PLEASE PROCEED.
17:25:01 >>BILL CARLSON: THANK YOU, SIR.
17:25:06 YEAH, AND DON'T FORGET, I WON'T BE HERE NEXT WEEK.
17:25:08 YOU WILL BE VOTING WITHOUT ME WHICH THE WATER
17:25:11 DEPARTMENT -- IF WE CAN PUT IT OUT FOR A COUPLE OF
17:25:12 WEEKS.
17:25:14 FIRST OF ALL, WE PASSED A MOTION SIX MONTHS OR A YEAR
17:25:17 AGO TO REQUEST THAT STAFF NOT PUT AN AGENDA ITEM BEFORE
17:25:22 US UNLESS THE SUMMARY SAID "PURE" IN IT AND I WAS
17:25:27 LOOKING AT THE SUMMARY AND SAYS POTABLE WATER REUSE AND
17:25:28 DOESN'T SAY "PURE."
17:25:33 I THINK THAT IS MISLEADING AND DOESN'T FOLLOW CITY
17:25:33 COUNCIL GUIDELINES.
17:25:36 FOR MY POINT OF VIEW THAT WASN'T NOTICED CORRECTLY AND
17:25:38 NOT THE PLANNING COMMISSION'S FAULT BUT WHOEVER GAVE
17:25:40 THIS TO THE CLERK.
17:25:42 THEY SHOULD HAVE MADE SURE THAT WE KNEW THAT.
17:25:43 AND IF WE VOTED.
17:25:46 IF WE ACCIDENTALLY -- I DON'T KNOW HOW THE VOTE WAS ON
17:25:49 THAT CIP, BUT IF WE ACCIDENTALLY VOTED FOR THAT AND IT
17:25:53 WASN'T ON THE AGENDA AND IT SLID IN LIKE THIS.
17:25:57 AND AT THE VERY END ALMOST LIKE THE LAST LINE OF THIS
17:25:57 DOCUMENT.
17:26:00 WE SHOULD BE WORRIED AND THE PUBLIC SHOULD BE WORRIED
17:26:00 ABOUT THIS.
17:26:03 WE KNOW TRANSPARENCY ISSUES IN THE WATER DEPARTMENT.
17:26:07 MISS HURTAK WAS AT HER NEIGHBORHOOD ASSOCIATION AND THE
17:26:10 WATER DEPARTMENT GOT UP AND LAUGHED WHEN ASKED IF THE
17:26:13 PROJECT WILL COST SEVERAL BILLION DOLLARS.
17:26:16 AND WE KNOW FROM THEIR OWN CONSULTANTS THAT IT WILL.
17:26:21 THEY SENT A SCATHING E-MAIL THAT YOU SHOULD KNOW AND WE
17:26:23 INFORMED YOU THAT THE STANDARD PRACTICE IS ONLY MENTION
17:26:28 CAPITAL COSTS AND NOT TOTAL COSTS OVER 30 YEARS.
17:26:30 FIRST OF ALL, THAT IS NOT ACCURATE.
17:26:32 I TALKED TO A LOT OF ENGINEERS.
17:26:34 IT IS MISLEADING.
17:26:37 TO BE HONEST AND OPEN WITH THE PUBLIC, A LOT OF
17:26:39 PROBLEMS WITH IT.
17:26:40 I WON'T GO INTO HERE.
17:26:44 AND WE CAN ASK THE STATE FOR AN EXCEPTION OF WHAT WE
17:26:44 ARE DOING ALREADY.
17:26:47 THE SUSTAINABILITY SAYS THE WATER ALTHOUGH IT HAS
17:26:51 IMPURITIES IN IT IS CLEANER THAN THE WATER COMING FROM
17:26:53 THE HILLSBOROUGH RIVER AND APPLY FOR THE EXCEPTION.
17:26:58 THE CITY IN AND THE STATE TOLD ME UNOFFICIALLY THAT
17:27:00 MEETS THE GUIDELINES AND BUYS US MORE TIME.
17:27:02 THE ISSUE IS HOW THEY ARE DOING IT.
17:27:04 HOW THEY ARE GOING ABOUT IT.
17:27:05 THEY ARE DOING IT IN SECRET.
17:27:07 NOT COMMUNICATING WITH THE PUBLIC EFFECTIVELY.
17:27:09 NOT COMMUNICATING HONESTLY WITH CITY COUNCIL.
17:27:13 WHEN ASKED A YEAR OR SO AGO WHEN I ASKED -- SETTING A
17:27:17 SIDE PRICE, WHAT IS THE SAFEST, BEST METHOD TO TREAT
17:27:24 THIS, THE CONSULTANT SAID NONREVERSE OSMOSIS.
17:27:28 AND NINE OUT OF TENUOUS OSMOSIS.
17:27:31 WE HAVE A PLANT THAT IS OWNED BY TAMPA BAY WATER.
17:27:34 PIPE THE WATER DOWN THERE AND SELL IT TO THEM AND LET
17:27:35 THEM DO IT.
17:27:38 NOT TAMPA BAY WATER VERSUS THE CITY OF TAMPA.
17:27:44 WHY SHOULD OUR RATE PAYERS BE SADDLED WITH SEVERAL
17:27:46 BILLIONS IN COST AND DOUBLE THEIR RATES.
17:27:47 RATES ARE LOW.
17:27:48 ONE OF THE LOWEST IN THE STATE.
17:27:51 BUT THAT DOESN'T MEAN ANYTHING TO THE PEOPLE THERE THIS
17:27:56 MORNING COMPLAINING THAT THEIR COSTS KEEP GOING UP, UP
17:27:56 AND UP.
17:28:00 EVEN THOUGH WE RAISE IT $40 A MONTH, THAT IS STILL A
17:28:01 LOT OF MONEY FOR PEOPLE.
17:28:06 IT MAY MEAN THE DIFFERENCE OF MEDICINE TO NO MEDICINE.
17:28:08 AND FOR SOMETHING WE DON'T NEED.
17:28:12 IF YOU LOOK 20 YEARS, 50 YEARS, 100 YEARS IN THE FUTURE
17:28:16 THE CITY OF TAMPA WILL NOT NEED 50 MILLION GALLONS OF
17:28:17 WATER.
17:28:24 TO SPEND THAT MONEY THAT WE DON'T NEED FOR 100 YEARS.
17:28:28 BURDEN THE NEXT TAMPAIANS.
17:28:31 JUST BECAUSE THEY WANT IT IS NOT AN ACCEPTABLE REASON
17:28:37 TO SADDLE OUR -- OUR RESIDENTS WITH THIS.
17:28:41 IF YOUR KIDS LIKE MINE AND FIND OUT THEY ARE DRINKING
17:28:45 POTTY WATER, THEY WILL DRINK BOTTLED WATER.
17:28:47 AND NOT A SUSTAINABLE SOLUTION.
17:28:49 MAYBE I DIDN'T MENTION THIS.
17:28:51 IF YOU LOOK CLOSELY AT THE DOCUMENT, THEY ARE
17:28:53 EXPERIMENTING ON A NEW PROCEDURE TO SERVE THE CITY OF
17:28:54 TAMPA.
17:28:56 WHY ARE WE PAYING FOR THEIR R & D?
17:29:00 INSTEAD, IF WE ARE GOING TO DO THIS USE THE TRIED AND
17:29:04 TRUE METHODS THAT NINE OUT OF CITIES SHOULD USE ON IT
17:29:10 AND SAFE AND NOT EXPERIMENTAL FOR OUR RESIDENTS.
17:29:12 THANK YOU.
17:29:16 >>LUIS VIERA: MR. CHAIR, MAY I?
17:29:16 MR. CHAIR?
17:29:17 >>JOSEPH CITRO: YES.
17:29:18 >>LUIS VIERA: THANK YOU.
17:29:22 TO THE STAFF, BECAUSE OBVIOUSLY WE WANT ALL
17:29:26 COUNCILMEMBERS HERE INCLUDING COUNCILMAN CARLSON WHO IS
17:29:29 PASSIONATE ABOUT THAT AND WE RESPECT THAT -- I RESPECT
17:29:30 THAT.
17:29:31 WILL TWO WEEKS BE OKAY?
17:29:33 >> THAT WOULD BE FINE, THANK YOU.
17:29:36 >>JOSEPH CITRO: A MOTION FROM COUNCILMAN GUDES FOR A
17:29:38 TWO-WEEK EXTENSION --
17:29:39 >>MARTIN SHELBY: WHAT?
17:29:48 AN EVENING MEETING?
17:29:52 JUNE -- WELL, TWO WEEKS WOULD BE --
17:29:54 >>CLERK: REGULAR SESSION.
17:30:00 >>MARTIN SHELBY: JUNE 9.
17:30:05 MR. CARLSON -- MR. CHAIR?
17:30:06 >>JOSEPH CITRO: PLEASE.
17:30:09 >>BILL CARLSON: YES.
17:30:11 >>MARTIN SHELBY: JUNE 9.
17:30:12 IS THAT FINE WITH YOU?
17:30:14 >>BILL CARLSON: FINE WITH ME.
17:30:17 COUNCILMAN VIERA, THANK YOU FOR PROPOSING THIS.
17:30:19 >>ORLANDO GUDES: MR. CHAIR.
17:30:22 >>JOSEPH CITRO: COUNCILMAN GUDES.
17:30:24 >>ORLANDO GUDES: SINCE THIS IS A HOT ITEM AND CITY
17:30:27 STAFF IS NOT HERE BUT THE PLANNING COMMISSION.
17:30:30 I WILL ASK THE CITY STAFF BE HERE WITH THE PLANNING
17:30:31 COMMISSION.
17:30:34 >>MARTIN SHELBY: YOU WANT THAT INCLUDED IN THE MOTION?
17:30:36 >>ORLANDO GUDES: YES.
17:30:38 >>JOSEPH CITRO: SAITH MOTION BY COUNCILMAN GUDES.
17:30:40 SECOND BY COUNCILWOMAN HURTAK.
17:30:43 ROLL CALL VOTE.
17:30:45 >>MARTIN SHELBY: SORRY THE DATE AND TIME AGAIN,
17:30:48 PLEASE.
17:30:50 >> THE 9TH.
17:30:51 >>MARTIN SHELBY: TIME?
17:30:53 >> 5:01 P.M.
17:30:58 >>CHARLIE MIRANDA: MAKE THAT NUMBER ONE ON THE AGENDA.
17:30:59 >>JOSEPH CITRO: YES.
17:31:01 >>CLERK: HURTAK.
17:31:02 >>LYNN HURTAK: YES.
17:31:03 >>BILL CARLSON: YES.
17:31:05 >>GUIDO MANISCALCO: YES.
17:31:06 >>LUIS VIERA: YES.
17:31:07 >>ORLANDO GUDES: YES.
17:31:08 >>CHARLIE MIRANDA: YES.
17:31:09 >>JOSEPH CITRO: YES.
17:31:12 THANK YOU.
17:31:15 >>CLERK: MOTION CARRIED UNANIMOUSLY.
17:31:23 >>JOSEPH CITRO: AGENDA ITEM NUMBER 2 FILE NO. TA/CPA
17:31:26 TA-CPA 22-05.
17:31:28 >>JENNIFER MALONE: JENNIFER MALONE.
17:31:33 THIS IS A MAP AMOUNT FOR THE JACKSON HEIGHTS CEMETERY.
17:31:37 TRY TO REMOVE IT TO A RECREATIONAL/OPEN SPACE.
17:31:40 NOTHING IS CHANGING WITH THE CEMETERY BUT ON THE CITY
17:31:43 OF TAMPA PARK LIST AND NEEDS THE APPROPRIATE LAND USE.
17:31:47 SO IT IS LOCATED, AGAIN -- THAT IS THE BACKGROUND.
17:31:50 EACH PARK IS ON THAT DEDICATED PARK LIST AND CITY
17:31:52 COUNCIL INITIATED BACK IN 2019.
17:31:56 THIS IS IN THE CENTRAL TAMPA PLANNING DISTRICT AND EAST
17:32:00 TAMPA VILLAGE AND JACKSON HEIGHTS NEIGHBORHOOD.
17:32:01 OUTLINED IN PURPLE.
17:32:05 SOUTH OF LINDELL, NORTH OF EAST LAKE.
17:32:09 I HAVE SOME SITE PICTURES FOR YOU.
17:32:13 AND THEN HERE IS THE ADOPTED FUTURE LAND USE MAP UNDER
17:32:16 THE PUBLIC-SEMI-PUBLIC.
17:32:18 AND THIS WILL CONVERT IT TO THE RECREATIONAL/OPEN SPACE
17:32:21 TO BE CONSISTENT WITH THE OTHER PARKS IN THE CITY
17:32:23 THROUGH THIS WORK THAT WE ARE DOING TO UPDATE THE --
17:32:26 THE MAP TO BE CONSISTENT WITH THE PARK LIST.
17:32:29 IT IS NOT CHANGING ANY OF THE ENTITLEMENTS BECAUSE
17:32:34 SEMI-PUBLIC DOES.
17:32:37 AND RECREATIONAL/OPEN SPACE IS NOT APPLICABLE.
17:32:40 AND PART OF THIS MULTIYEAR PROCESS, AGAIN, PROVIDES
17:32:43 ADDITIONAL LONG-TERM PROTECTIONS RECOGNIZING THESE
17:32:43 FACILITIES.
17:32:45 SO THE PLANNING COMMISSION FOUND THIS CONSISTENT AS
17:32:47 RECOMMENDATION I HAVE BEFORE YOU TODAY AND I AM
17:32:55 AVAILABLE FOR ANY QUESTIONS.
17:32:58 >>JOSEPH CITRO: ANY QUESTIONS FOR STAFF?
17:33:01 ANYBODY IN PUBLIC COMMENT FOR ITEM AGENDA NUMBER 2,
17:33:07 TA/CPA 22-05?
17:33:09 GUDES MOVE TO CLOSE.
17:33:12 >>CLERK: NO REGISTERED SPEAKERS FOR THIS ITEM.
17:33:14 >>JOSEPH CITRO: MOTION MADE BY COUNCILMAN GUDES.
17:33:17 SECOND FOR COUNCILMAN MANISCALCO FOR CLOSE.
17:33:19 ALL IN FAVOR, SAY AYE.
17:33:20 COUNCILMAN MANISCALCO.
17:33:23 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
17:33:26 I HAVE THE ORDINANCE BEING PRESENTED FOR FIRST READING
17:33:27 CONSIDERATION.
17:33:33 ORDINANCE AMENDING THE IMAGINE 2040: TAMPA
17:33:34 COMPREHENSIVE PLAN LAND USE ELEMENT, FUTURE LAND USE
17:33:39 MAP, FOR THE PROPERTY LOCATED 3600 EAST LAKE AVENUE
17:33:42 OTHERWISE KNOWN AS JACKSON HEIGHTS SELL FERRY FROM
17:33:48 PUBLIC/SEMI-PUBLIC, P/SP TO RECREATIONAL OWN SPACE
17:33:54 PROVIDING SEVERABILITY AND PROVIDED EFFECTIVE DATE.
17:33:59 >>JOSEPH CITRO: MOTION BY OPINION.
17:34:00 >>GUIDO MANISCALCO: YES.
17:34:01 >>LUIS VIERA: YES.
17:34:02 >>ORLANDO GUDES: YES.
17:34:03 >>CHARLIE MIRANDA: YES.
17:34:04 >>LYNN HURTAK: YES.
17:34:05 >>BILL CARLSON: YES.
17:34:06 >>JOSEPH CITRO: YES.
17:34:09 >>CLERK: MOTION CARRIED UNANIMOUSLY.
17:34:13 SECOND READING AND ADOPTION WILL BE JULY 14, 2022 AT
17:34:15 9:30 A.M.
17:34:16 >>JOSEPH CITRO: THANK YOU VERY MUCH.
17:34:24 AGENDA ITEM NUMBER 3, NUMBER TA/CPA 22-04.
17:34:26 >> JENNIFER MALONE WITH YOUR PLANNING COMMISSION.
17:34:31 THESE ARE PUBLICLY INITIATED POLICIES TO ADD CEMETERY
17:34:34 LANGUAGE TO OUR COMPREHENSIVE PLAN.
17:34:37 A TRANSMITTAL HEARING AND TRANSMITTING THIS TO THE
17:34:39 DEPARTMENT OF ECONOMIC OPPORTUNITY.
17:34:40 IT WILL BE BACK BEFORE YOU FOR ADOPTION LATER THIS
17:34:42 YEAR.
17:34:46 AGAIN, A REMINDER AT YOUR FEBRUARY 3 REGULAR MEETING.
17:34:49 A MOTION TO APPROVE A PLAN AMOUNT AFTER PLANNING
17:34:52 COMMISSION BROUGHT YOU SOME RESEARCH BACK ABOUT
17:34:53 CEMETERIES.
17:34:56 OVERVIEW, ADD TWO NEW DEFINITIONS TO THE COMPREHENSIVE
17:34:57 PLAN.
17:35:00 13 NEW AND MODIFIED GOALS, OBJECTIVES AND POLICIES.
17:35:04 WE ARE ADDED CEMETERIES TO THE DESCRIPTION OF SEMI,
17:35:10 PUBLIC -- PUBLIC, SEMI-PUBLIC USES TO RECREATIONAL/OPEN
17:35:12 SPACE.
17:35:19 UNMARKED HUMAN BURIAL AND PRESERVATION AND TO HAVE IT
17:35:22 DESIGNATED IN THE FUTURE LAND USE.
17:35:24 IT IS CONSISTENT WITH THE COMPREHENSIVE PLAN POLICIES
17:35:29 LOOKING AT THE AREA'S CULTURAL VALUES AND HIGH PRIORITY
17:35:33 OF PRESERVING OPEN SPACE.
17:35:37 ANOTHER CONSISTENCY OF POLICY ABOUT NO PARKLAND SHALL
17:35:43 BE DIVERTED TO OTHER USES BUT IN OVERRIDING PUBLIC
17:35:43 INTEREST.
17:35:45 THE PLANNING COMMISSION FOUND IT CONSISTENT.
17:35:49 WE WORKED CLOSELY WITH CITY STAFF ON THIS LANGUAGE.
17:35:52 FRANK HALL IS HERE RIGHT NOW AND THIS WAS DONE IN
17:35:55 COLLABORATION WITH THE CITY PLANNING DEPARTMENT.
17:35:57 THAT CONCLUDES MY PRESENTATION.
17:35:59 >>JOSEPH CITRO: ANY QUESTIONS FOR STAFF.
17:36:01 ANYONE FOR PUBLIC COMMENT?
17:36:06 >>CLERK: NO ONE IS REGISTERED FOR THIS ITEM.
17:36:08 >>GUIDO MANISCALCO: MOTION GUDES SECOND.
17:36:12 >>JOSEPH CITRO: ALL IN FAVOR.
17:36:14 >>CHARLIE MIRANDA: MOVE TO TRANSMIT.
17:36:15 >> SECOND.
17:36:17 >>JOSEPH CITRO: I WAS GOING TO GET TO THAT.
17:36:19 MR. SHELBY, AS SOON AS -- AS SOON AS THE VOTE WAS
17:36:20 APPROVED.
17:36:22 WE HAVE A MOTION FOR TRANSMITTAL BY COUNCILMAN MIRANDA.
17:36:25 SECOND BY COUNCILMAN MANISCALCO.
17:36:26 EXCUSE ME ROLL CALL.
17:36:27 >>BILL CARLSON: YES.
17:36:29 >>GUIDO MANISCALCO: YES.
17:36:30 >>LUIS VIERA: YES.
17:36:31 >>ORLANDO GUDES: YES.
17:36:33 >>CHARLIE MIRANDA: YES.
17:36:33 >>LYNN HURTAK: YES.
17:36:35 >>JOSEPH CITRO: THANK YOU VERY MUCH.
17:36:36 YES.
17:36:39 >>CLERK: MOTION CARRIED UNANIMOUSLY.
17:36:42 >>BILL CARLSON: MR. CHAIR, CAN I SAY ONE THING?
17:36:44 >>JOSEPH CITRO: COUNCILMAN CARLSON.
17:36:46 >>BILL CARLSON: THANK YOU TO THE STAFF AND EVERYONE
17:36:48 WHO PROPOSED THIS.
17:36:49 A REALLY IMPORTANT THING TO MOVE FORWARD.
17:36:53 IT SEEMS LIKE A QUICK DECISION, BUT CONSIDERING ALL THE
17:36:57 -- ALL THE ISSUES REGARDING CEMETERIES AND HOW THEY
17:36:59 WERE USED OR MIS USED.
17:37:01 THIS IS A VERY IMPORTANT THING TO PASS.
17:37:09 THANKS, EVERYBODY.
17:37:11 >>JOSEPH CITRO: ITEM NUMBER 4, FILE NUMBER
17:37:15 TA/CPA-22-07.
17:37:16 >>JENNIFER MALONE: JENNIFER MALONE AGAIN.
17:37:19 TEXT AMENDMENT 22-07.
17:37:23 PUBLICLY INITIATED TEXT AMENDMENT BY THE CITY COUNCIL.
17:37:32 THIS IS THE SAME INTENT AS T CA/CPA 21-11.
17:37:36 FOR FLOOR AREA RATIO, I DON'T IN THE SOUTH TAMPA AND
17:37:39 NEW PLANNING DISTRICTS IN FUTURE LAND USE CATEGORIES.
17:37:41 COMMUNITY MIXED USE 35, COMMUNITY COMMERCIAL 35 AND
17:37:44 URBAN MIXED USE-60.
17:37:47 THAT TEXT AMENDMENT WAS INITIATED BY THIS COUNCIL BASED
17:37:49 ON CONCERNS FROM THE COMMUNITY.
17:37:51 THE COUNCIL THEN EARLIER THIS YEAR ASKED THAT WE KIND
17:37:54 OF EXPAND UPON THAT TEXT AMENDMENT TO INCLUDE THE
17:37:56 REGIONAL MIXED USE-100.
17:37:58 WE HAD TO START A WHOLE NEW AMENDMENT BECAUSE IT IS
17:38:00 DIFFICULT TO CHANGE LANGUAGE WHEN YOU ARE TOO FAR INTO
17:38:01 THE PROCESS.
17:38:05 SO, AGAIN, THIS REMOVES THE ALLOW ARCHES FOR SINGLE
17:38:10 RESIDENTIAL STRUCTURES FOR FLOOR AREA RATIO IN THE NEW
17:38:12 AND SOUTH TAMPA PLANNING DISTRICT.
17:38:15 HERE IS A MAP OF THE REGIONAL MIXED USE-100 BY PLANNING
17:38:16 DISTRICT.
17:38:20 THIS IS OUR VERY HIGH INTENSITY U.S. CATEGORY.
17:38:21 CHANNEL DISTRICT.
17:38:22 IT IS WEST SHORE.
17:38:24 IN THE SOUTH TAMPA PLANNING DISTRICT, THE NEIGHBORHOOD
17:38:27 THAT IS KIND OF AFFECTED BY THIS IS CIRCLED IN THE
17:38:28 YELLOW.
17:38:31 IT IS ESSENTIALLY THE BEACH PARK NEIGHBORHOOD AND A
17:38:32 LATER IN THE PACKET.
17:38:35 THAT IS THE NEIGHBORHOOD THAT CAME BEFORE THIS COUNCIL
17:38:37 AND ASKED THAT THIS BE INCLUDED.
17:38:39 IT IS CONSISTENT WITH THE COMPREHENSIVE PLAN.
17:38:44 WE ARE HOPING THAT FINDING CONSISTENCY TO PRESERVE
17:38:46 NEIGHBORHOOD CHARACTER AND PROVIDING DESIGN SENSITIVITY
17:38:49 TO THE NEIGHBORHOOD.
17:38:52 IT IS ALSO GOING TO PROVIDE GROWTH IN THIS AREA OF THE
17:38:56 CITY INCENTIVIZING MIXED USE DEVELOPMENT ENCOURAGED BY
17:38:58 THE COMPREHENSIVE PLAN.
17:39:02 FOR SINGLE-USE DEVELOPMENT.
17:39:08 THE DEVELOPER CAN USE FLOOR AREA RATIO IF THEY DO A
17:39:10 VERTICALLY INTEGRATED DEVELOPMENT.
17:39:14 THE PLANNING COMMISSION FOUND THIS CONSISTENT.
17:39:17 AND THIS IS A TRANSMITTAL HEARING AND I AM AVAILABLE
17:39:18 FOR ANY QUESTIONS.
17:39:23 >>JOSEPH CITRO: ANY COMMENTS OR QUESTIONS OF STAFF?
17:39:32 ANYONE TO SPEAK ON ITEM NUMBER 4, TCA-22-07.
17:39:37 MISS STROHMEYER, ARE YOU ON THE LINE.
17:39:38 >>CLERK: SHE'S NOT.
17:39:43 >>JOSEPH CITRO: MOUNT DORA BY COUNCILMAN MANISCALCO.
17:39:45 SECOND BY COUNCILMAN GUDES.
17:39:48 MOVE FOR TRANSMITTAL FOR COUNCILMAN MANISCALCO SECONDED
17:39:50 BY MIRANDA.
17:39:50 >>ORLANDO GUDES: YES.
17:39:52 >>LYNN HURTAK: YES.
17:39:53 >>BILL CARLSON: YES.
17:39:54 >>GUIDO MANISCALCO: YES.
17:39:57 >>LUIS VIERA: YES.
17:39:59 >>CHARLIE MIRANDA: YES.
17:40:01 >>JOSEPH CITRO: THANK YOU.
17:40:04 >>CLERK: AND CITRO.
17:40:06 >>JOSEPH CITRO: I AM SORRY.
17:40:08 ROLL CALL VOTE.
17:40:09 OH, I AM SORRY.
17:40:12 I -- I AM PREPARING MY NEXT SPEECH.
17:40:13 YES.
17:40:16 >>CLERK: MOTION CARRIED UNANIMOUSLY.
17:40:20 >>JOSEPH CITRO: LADIES AND GENTLEMEN, AGAIN, COUNSEL
17:40:22 VIERA WILL BE LEAVING US AT 6:00.
17:40:27 THEY HAVE AN AGENDA ITEM THAT THERE IS GOING TO BE A
17:40:28 LOT OF PUBLIC COMMENT.
17:40:36 AND I WANT TO MAKE SURE THAT COUNCILMAN VIERA IS HERE
17:40:39 FOR THAT NOT ONLY TO HEAR PUBLIC COMMENT.
17:40:43 BUT IF THIS IS GOING TO BE VOTED ON FOUR AFFIRM I HAVE
17:40:44 TO EITHER APPROVE OR DENY.
17:40:49 WITH COUNCILMAN VIERA GONE, WE MAY HAVE A 3-3 TIE.
17:40:55 SO I HOPE YOU UNDERSTAND WHEN I SAY THAT WE ARE GOING
17:41:02 TO HEAR AGENDA ITEM NUMBER 7 NEXT.
17:41:04 >>LUIS VIERA: MR. CHAIR, MAY I?
17:41:06 >>JOSEPH CITRO: COUNCILMAN VIERA.
17:41:07 >>LUIS VIERA: AND TO THE PUBLIC.
17:41:10 I AM AT -- AS YOU CAN TELL FROM THIS BEAR BEHIND ME.
17:41:12 I AM AT THE PEPIN CENTER.
17:41:15 I WAS ASKED TO SPEAK FOR THE GRADUATION OF -- OF PEPIN
17:41:19 ACADEMIES WHICH WILL PROBABLY TAKE ME 15 MINUTES.
17:41:21 THEY WILL PULL ME OUT OF THE ROOM AND PULL ME RIGHT
17:41:23 BACK.
17:41:26 JUST LET THE PUBLIC KNOW WHY I AM OUT HERE TO SPEAK
17:41:27 TODAY.
17:41:28 THANK YOU FOR YOUR ACCOMMODATION.
17:41:29 I APPRECIATE IT.
17:41:30 THANK YOU.
17:41:32 >>JOSEPH CITRO: AGAIN, I AM GOING TO STATE THAT AGENDA
17:41:35 ITEM NUMBER 6 CANNOT BE HEARD.
17:41:38 IT WAS MISNOTICED.
17:41:39 >> MOTION.
17:41:40 >> SECOND.
17:41:42 >>JOSEPH CITRO: MOTION BY COUNCILMAN MANISCALCO.
17:41:44 SECONDED BY COUNCILMAN GUDES.
17:41:46 ROLL CALL VOTE.
17:41:46 >>BILL CARLSON: YES.
17:41:48 >>GUIDO MANISCALCO: YES.
17:41:49 >>LUIS VIERA: YES.
17:41:50 >>ORLANDO GUDES: YES.
17:41:51 >>CHARLIE MIRANDA: YES.
17:41:52 >>LYNN HURTAK: YES.
17:41:54 >>JOSEPH CITRO: YES.
17:41:57 >>CLERK: MOTION CARRIED UNANIMOUSLY.
17:41:58 >>JOSEPH CITRO: THANK YOU.
17:42:05 ITEM AGENDA NUMBERING 7, FILE NUMBER REZ-21-131.
17:42:07 HUSSEIN.
17:42:08 >>ZAIN HUSSEIN: THANK YOU SO MUCH.
17:42:11 CAN I BE SWORN IN WITH THE REST OF MY STAFF.
17:42:14 >>JOSEPH CITRO: ANYBODY WHO IS GOING TO BE GIVING
17:42:15 TESTIMONY TONIGHT.
17:42:19 AND I AM SURE THAT IS JUST ABOUT EVERYBODY IN THIS
17:42:19 ROOM.
17:42:32 [SWEARING IN]
17:42:34 >>ZAIN HUSSEIN: THANK YOU VERY MUCH.
17:42:37 ZAIN HUSSEIN, DEVELOPMENT COORDINATION.
17:42:44 AGENDA ITEM NUMBER 7, CASE REZ-21-131, BEING HEARD FOR
17:42:48 FIRST READING CONSIDERATION ON LOCATION 1715 WEST
17:42:50 POWHATAN AVENUE.
17:42:56 PROPOSED FROM RS-60 TO RESIDENTIAL --
17:42:58 >>ORLANDO GUDES: NOT RIGHT.
17:43:00 >>ZAIN HUSSEIN: SORRY, 7.
17:43:05 7, CASE NUMBER REZ-21-131 BEING HEARD FOR FIRST READING
17:43:10 CONSIDERATION 5406 NORTH PERSHING PLACE.
17:43:14 PROPOSED REZONING FROM RS-50 RESIDENTIAL SINGLE-FAMILY
17:43:17 TO PD, RESIDENTIAL SINGLE-FAMILY DETACHED.
17:43:22 I WILL PASS IT ALONG TO OUR PLANNING COMMISSION.
17:43:23 >>JENNIFER MALONE: JENNIFER MALONE.
17:43:27 THIS IS LOCATED IN THE UNIVERSITY PLANNING DISTRICT.
17:43:30 A LEVEL C EVACUATION ZONE.
17:43:33 RIVER SHORE PARK ONE BLOCK AWAY FROM THE SITE.
17:43:37 THE CLOSEST PUBLIC RECREATIONAL FACILITY.
17:43:40 TRANSIT STOP 430 FEET AT THE INTERSECTION OF NORTH LEE
17:43:43 PLACE AND WEST HILLSBOROUGH AVENUE.
17:43:45 I AM GOING TO ZOOM OUT.
17:43:47 HOPEFULLY -- THERE WE GO.
17:43:50 THIS WAS JUST LOCATED NORTH OF WEST HILLSBOROUGH
17:43:50 AVENUE.
17:43:53 SOUTH OF THE RIVER ALONG NORTH PERSHING PLACE.
17:43:57 THE FUTURE LAND USE OF THE SUBJECT SITE IS
17:43:57 RESIDENTIAL-10.
17:44:01 WE ARE VERY CLOSE TO WEST HILLSBOROUGH AVENUE.
17:44:04 AND IMMEDIATELY ADJACENT TO THE PINK COLOR, THE
17:44:08 COMMUNITY MIXED USE 35 THAT ALLOW COMMERCIAL USES.
17:44:13 WE SEE HOW CLOSE THE LOTS ARE TO THE ALLOWANCE OF
17:44:17 COMMERCIAL USES ALL ALONG NORTH HILLSBOROUGH AVENUE.
17:44:19 OR THE RANG IS RESIDENTIAL-10.
17:44:23 THAT IS THE PREDOMINANT LAND USE DESIGNATION IN THE
17:44:23 NEIGHBORHOOD.
17:44:26 WE REVIEWED THE ACTION AND PLANNING COMMISSION FOUND NO
17:44:28 ADVERSE IMPACTS TO THE SURROUNDING NEIGHBORHOOD.
17:44:32 WE DID FIND THAT THE AVERAGE DENSITY OF THE STREET IS A
17:44:36 5.73 DWELLING UNIT PER ACRE.
17:44:41 THAT IS APPROXIMATELY 57% OF THE DENSITY FOR THE FUTURE
17:44:43 LAND USE DESIGNATION.
17:44:46 THE ASK PROPOSES THE TWO SINGLE-FAMILY UNITS AT 7.3
17:44:47 UNITS PER ACRE.
17:44:50 THE PROPOSED DENSITY IS CONSISTENT WHAT WE ARE TRYING
17:44:53 TO ACHIEVE UNDER THE RESIDENTIAL-10 FUTURE LAND USE
17:44:59 THAT CALLS FOR TEN DWELLING UNITS AN ACHE OFFICER AT
17:45:00 ALL POSSIBLE.
17:45:01 THE COMPREHENSIVE PLAN SUPPORTS THIS POLICY DIRECTION
17:45:06 AND THE PLAN'S HOUSING PROPERTY THAT ENCOURAGE HOUSING
17:45:11 ON VACANT AND UNDERUTILIZED LAND TO MAKE SURE THAT
17:45:15 ADEQUATE HOUSING TO MEET TAMPA'S PRESENT AND FUTURE
17:45:17 HOUSING POPULATION.
17:45:19 LAND NOT ALTER THE DEVELOPMENT AND PLAN PORTION OF THE
17:45:21 RIVER BEND NEIGHBORHOOD.
17:45:22 THAT CONCLUDES MY PRESENTATION.
17:45:24 AND I WILL BE HERE FOR QUESTIONS.
17:45:24 THANK YOU.
17:45:30 >>JOSEPH CITRO: ANY QUESTIONS FOR STAFF?
17:45:34 PETITIONER.
17:45:36 >>ZAIN HUSSEIN: THANK YOU SO MUCH.
17:45:39 ZAIN HUSSEIN, DEVELOPMENT COORDINATION.
17:45:45 CASE REZ-21-131, LOCATION 5406 NORTH PERSHING PLACE
17:45:49 PROPOSED REZONINGS FROM RS-50 RESIDENTIAL SINGLE-FAMILY
17:45:52 50 TO PD PLANNED DEVELOPMENT.
17:45:55 TO ALLOW FOR THE PROPERTY TO HAVE TWO RESIDENTIAL
17:45:56 SINGLE-FAMILY DETACHED HOUSES.
17:45:59 I SHARED THE OVERHEAD AERIAL AS YOU CAN SEE.
17:46:04 THE PROPERTY -- LET ME ZOOM IN A LITTLE BIT.
17:46:09 YOU SEE THE PROPERTY RIGHT HERE OUTLINED IN RED.
17:46:12 THERE ARE TWO LOTS -- LOT 2 AND LOT 3 FOR
17:46:16 APPROXIMATELY.28 ACRES OR 12,000 SQUARE FEET TOTAL IN
17:46:17 SIZE.
17:46:24 TO THE NORTH -- TO THE NORTH AND SOUTHEAST AND THE
17:46:27 WEST, YOU WILL FIND RESIDENTIAL SINGLE-FAMILY HOMES.
17:46:44 ALSO TO THE SOUTH, YOU WILL FIND PROPERTIES REZONED CG.
17:46:47 WILL SHOW YOU THE SITE PLANS.
17:46:52 AS YOU CAN SEE, THE TWO PROPOSED STRUCTURES ON-SITE.
17:46:57 THE PROPOSED STRUCTURES FROM A MAXIMUM HEIGHT OF 27
17:47:00 FEET IN HEIGHT WITH SETBACKS 7 FEET TO THE NORTH, 7
17:47:02 FEET TO THE SOUTH, 20 FEET TO THE EAST.
17:47:07 AND 43 FEET TO THE WEST.
17:47:10 PARKING IS REQUIRED TO HAVE TWO PUBLIC PARKING SPACES
17:47:12 AND FOUR ARE BEING PROVIDED.
17:47:17 ALL ACCESS TO THE SITE IS FROM NORTH PERSHING PLACE TO
17:47:20 THE EAST.
17:47:29 I WILL NOW GO AHEAD AND SHARE THE PROPOSED ELEVATIONS.
17:47:38 AS WE SEE THE ELEVATION TO THE EAST AS YOU SEE THE
17:47:46 PROPOSED ELEVATIONS TO THE EAST, NORTH, WEST AND SOUTH.
17:47:48 I WENT OUT TO THE SITE AND TOOK PICTURES.
17:47:56 I WILL SHOW YOU WHAT THE CURRENT SITE LOOKS LIKE.
17:48:08 ADJACENT TO THE SITE TO THE SOUTH YOU WILL SEE THE
17:48:14 COMMERCIAL OFFICE THAT WE TALKED ABOUT.
17:48:18 ACROSS THE STREET TO THE EAST, YOU WILL SEE THAT
17:48:21 RESIDENTIAL SINGLE-FAMILY HOME.
17:48:25 AND DOWN THE STREET TO THE NORTH, YOU ALSO SEE
17:48:30 RESIDENTIAL SINGLE-FAMILY HOMES.
17:48:33 DEVELOPMENT COORDINATION HAS FOUND THIS PROJECT TO BE
17:48:35 CONSISTENT WITH THE CODE.
17:48:39 STAFF HAS PROVIDED A REVISION SHEET FOR THE APPLICANT
17:48:41 TO PROVIDE BETWEEN FIRST AND SECOND READING IF APPROVED
17:48:42 BY COUNCIL.
17:48:46 I'M HERE FOR ANY QUESTIONS IF NEEDED.
17:48:48 >>JOSEPH CITRO: ANY QUESTIONS OF STAFF?
17:48:52 >>ORLANDO GUDES: MR. CHAIRMAN?
17:48:53 >>JOSEPH CITRO: MR. GUDES.
17:48:57 >>ORLANDO GUDES: ZAIN, PUT THAT BACK UP.
17:49:01 >>ZAIN HUSSEIN: THE CURRENT RESIDENCE?
17:49:04 >>ORLANDO GUDES: SHOW ME THE OTHER TWO.
17:49:48 >>ZAIN HUSSEIN: THE OTHER TWO -- THE SITE PLAN.
17:49:52 >> I AM TRANSLATING FOR HER.
17:50:07 >>JOSEPH CITRO: GIVE US YOUR NAME AND ADDRESS.
17:50:09 >>JOSEPH CITRO: CAN YOU BOTH SHARE THE PODIUM SO WE
17:50:10 CAN HEAR BOTH YOUR VOICES.
17:50:13 MR. SHELBY.
17:50:14 >>MARTIN SHELBY: YOUR NAME.
17:50:16 >> JOEL TORREZ.
17:50:24 I AM TRANSLATING FOR HER.
17:50:28 SO WE ARE TRYING TO --
17:50:31 >>JOSEPH CITRO: YOU BOTH HAVE BEEN SWORN IN?
17:50:33 >> YEAH, WE ARE SWORN IN.
17:50:37 WE ARE -- IT IS FOR 5406 --
17:50:41 >>MARTIN SHELBY: IF YOU CAN, I AM SORRY, MISS WELLS.
17:50:43 >>CATE WELLS: I DON'T MEAN TO INTERRUPT.
17:50:45 CATE WELLS.
17:50:48 IF SHE IS TRANSLATED HE NEEDS TO TESTIFY RATHER THAN
17:51:08 TESTIFYING ON HER BEHALF.
17:51:12 >>JOSEPH CITRO: CAN YOU SPEAK UP.
17:51:19 >> SHE IS SAYING HER NAME IS MILAR LORENTE.
17:51:29 >> 5406 NORTH PERSHING PLACE IN TAMPA FLORIDA, 33604.
17:51:32 >>JOSEPH CITRO: WHY DOES SHE NEED THIS CHANGE OF THIS
17:51:41 PROPERTY?
17:51:47 >> BECAUSE SHE WANTS TO BUY THE LOT SO SHE CAN BE ABLE
17:51:49 TO BUILD TWO HOUSES.
17:51:51 >>JOSEPH CITRO: WERE YOU GOING TO READING IS OFF FOR
17:51:52 HER?
17:51:53 >> NO.
17:51:55 >>JOSEPH CITRO: THE REASON SHE NEEDS TO DIVIDE THE
17:51:55 LOT.
17:52:00 CAN YOU BOTH SPEAK UP PLEASE.
17:52:04 >>MARTIN SHELBY: EXCUSE ME, SIR, IF YOU SPEAK, SAY IT
17:52:07 LOUD ENOUGH TO PEOPLE CAN HEAR IT IN SPANISH.
17:52:17 >> OH, OKAY, SORRY.
17:52:20 >> SO ROSA'S DAUGHTER, THE PROPERTY OWNER, SHE WANTS
17:52:22 TO BUILD A HOUSE FOR HER DAUGHTER.
17:52:23 THEY WANT --
17:52:26 >>MARTIN SHELBY: EXCUSE ME, SIR, SORRY TO INTERRUPT.
17:52:32 IF YOU CAN SPEAK RATHER THAN INTERPRET -- TO TRANSLATE
17:52:36 ACCURATELY FROM SPANISH TO ENGLISH AND ENGLISH TO
17:52:37 SPANISH.
17:52:40 >> I HAVE TO SAY IT IN SPANISH AGAIN.
17:52:46 >>ORLANDO GUDES: A QUESTION FOR MR. -- DOES THE CITY
17:52:50 PROVIDE SUPPORT INTERPRETERS.
17:52:53 >>MARTIN SHELBY: IF WE KNOW IN ADVANCE.
17:52:58 >> YES, IF A CITY REQUESTS FROM THE CITY, WE PROVIDE
17:52:59 TRANSLATORS.
17:53:01 BUT IF WE DON'T RECEIVE THAT REQUEST, THAT OPPORTUNITY
17:53:03 IS NOT AVAILABLE.
17:53:35 >> WE WEREN'T AWARE OF THAT.
17:53:37 >>JOSEPH CITRO: COUNCILMAN MIRANDA.
17:53:39 >>CHARLIE MIRANDA: I TOLD THEM TO RELAX, TAKE A DEEP
17:53:40 BREATH.
17:53:44 FOR HER TO SAY WHAT SHE SAYS IN SPANISH AND AS HE GETS
17:53:46 IT, TRANSLATE IT IN ENGLISH.
17:53:47 >> SORRY ABOUT THAT.
17:53:49 WE NEVER HAVE DONE THIS BEFORE.
17:53:57 THE FIRST TIME.
17:54:01 >> THE PROPERTY OWNER ROSA PARDO WANTS TO BUILD TWO
17:54:03 HOUSES ON THE PROPERTY.
17:54:05 ONE FOR HERSELF AND ONE FOR HER DAUGHTER.
17:54:13 SO THAT'S WHY SHE WANTS TO DIVIDE THEM IN TWO.
17:54:16 >>JOSEPH CITRO: THAT IS ALL THE TESTIMONY THAT SHE
17:54:17 WANTS TO GIVE?
17:54:22 >> YEAH.
17:54:25 >> YES.
17:54:35 >>JOSEPH CITRO: ANY QUESTIONS FROM COUNCIL?
17:54:40 MR. SHELBY, SPIT IT OUT PLEASE.
17:54:42 >>MARTIN SHELBY: I AM CONCERNED IN ORDER TO HAVE THIS
17:54:45 HEARD PROPERLY PERHAPS IT NEEDS TO BE CONTINUED TO HAVE
17:54:46 A TRANSLATOR PRESENT.
17:54:48 I DON'T WANT THIS.
17:54:49 >>JOSEPH CITRO: IT'S FINE.
17:54:56 ANYONE IN THE PUBLIC THAT WOULD LIKE TO SPEAK TO THIS?
17:55:00 DO WE HAVE ANYONE ONLINE?
17:55:06 >> YES, WE HAVE JEAN.
17:55:10 >>JOSEPH CITRO: JEAN STROHMEYER IS ON LINE?
17:55:13 >>CLERK: YES, SHE IS.
17:55:18 >>JOSEPH CITRO: MISS STROHMEYER, ARE YOU THERE?
17:55:20 >>MARTIN SHELBY: MR. CHAIRMAN, I DON'T THINK SHE WOULD
17:55:26 UNDERSTAND WHAT MISS STROHMEYER IS SAYING TO REBUT IT.
17:55:28 >>JOSEPH CITRO: WILL YOU TRANSLATE WHAT THIS WOMAN ON
17:55:31 LINE IS GOING TO SAY.
17:55:34 MISS STROHMEYER.
17:55:36 >> NEVER MIND.
17:55:37 NEVER MIND ON THIS ONE.
17:55:39 I -- NEVER MIND.
17:55:42 SO I WITHDRAW MY COMMENTS ON THIS.
17:55:43 THANK YOU.
17:55:46 HAVE A GREAT DAY.
17:55:47 >>JOSEPH CITRO: MOTION TO CLOSE BY COUNCILMAN
17:55:48 MANISCALCO.
17:55:50 >>CHARLIE MIRANDA: SECOND.
17:55:52 >>JOSEPH CITRO: SECONDED BY COUNCILMAN MIRANDA.
17:55:55 ALL IN FAVOR, SAY AYE.
17:55:56 MISS HURTAK.
17:56:02 >>LYNN HURTAK: OKAY, FILE NUMBER REZ-21-131, ORDINANCE
17:56:05 BEING PRESENTED FOR FIRST READING CONSIDERATION.
17:56:08 AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY
17:56:12 OF 5406 NORTH PERSHING PLACE IN THE CITY OF TAMPA,
17:56:15 FLORIDA, AND MORE PARTICULARLY DESCRIBED IN SECTION 1
17:56:20 FROM ZONING DISTRICT CLASSIFICATION RS-50, RESIDENTIAL
17:56:22 SINGLE-FAMILY TO PLANNED DEVELOPMENT RESIDENTIAL
17:56:26 SINGLE-FAMILY DETACHED PROVIDING AN EFFECTIVE DATE.
17:56:27 >>CHARLIE MIRANDA: SECOND.
17:56:28 >>JOSEPH CITRO: SAITH MOTION MADE BY COUNCILWOMAN
17:56:29 HURTAK.
17:56:32 AND SECONDED BY COUNCILMAN MANISCALCO.
17:56:34 ROLL CALL VOTE.
17:56:35 >>LYNN HURTAK: YES.
17:56:36 >>BILL CARLSON: YES.
17:56:38 >>GUIDO MANISCALCO: YES.
17:56:39 >>LUIS VIERA: YES.
17:56:40 >>ORLANDO GUDES: YES.
17:56:41 >>CHARLIE MIRANDA: YES.
17:56:43 >>JOSEPH CITRO: YES.
17:56:49 >>CLERK: MOTION CARRIED UNANIMOUSLY.
17:56:54 JULY 14, 2022 AT 9:30 A.M.
17:56:56 >>CHARLIE MIRANDA: HAVE HIM EXPLAIN TO HER WHAT THE
17:56:58 SECOND READING.
17:57:01 >>JOSEPH CITRO: SIR, CAN YOU EXPLAIN THE DATES FOR THE
17:57:04 SECOND READING.
17:57:06 >> FOR THE SECOND READING?
17:57:08 >>JOSEPH CITRO: CAN YOU PLEASE REPEAT THE SECOND
17:57:09 READING TIME.
17:57:16 >>CLERK: SECOND READING JULY 14, 2022 AT 9:30 A.M.
17:57:17 >>MARTIN SHELBY: DO YOU HAVE --
17:57:21 >>CHARLIE MIRANDA: CAN I TELL THEM IN SPANISH.
17:57:23 >>JOSEPH CITRO: PLEASE.
17:57:33 [SPEAK SPANISH]
17:57:35 >>CHARLIE MIRANDA: WHAT I AM SAYING THAT THE SECOND
17:57:38 HEARING JULY 14 AT 9:30 IN THE MORNING.
17:57:39 >> OKAY, THANK YOU.
17:57:41 >>JOSEPH CITRO: AND YOU TOLD HER.
17:57:44 >>MARTIN SHELBY: SHE SHOULD BE PRESENT AT THAT TIME.
17:57:48 >> OKAY.
17:57:49 THANK YOU.
17:57:50 >>ORLANDO GUDES: MR. CHAIRMAN.
17:57:52 QUESTION FOR MISS WELLS.
17:57:58 SINCE THIS -- I GUESS SOMETIMES WE DON'T KNOW TO KNOW.
17:58:00 LUCKILY THIS WAS KIND OF EASY FOR US BUT COULD HAVE
17:58:01 BEEN COMPLICATED.
17:58:04 ANYTHING ON OUR FORMS WHEN PEOPLE APPLY IF THEY NEED
17:58:07 INTERPRETERS --
17:58:10 >>CATE WELLS: INFORMATION ON THE CITY'S WEB SITE OR ON
17:58:12 THE GOOD NEIGHBOR NOTICE THAT GOES OUT.
17:58:15 I CAN GET WITH STAFF TO SEE IF THERE IS ANOTHER WAY TO
17:58:16 GET THAT INFORMATION OUT TO APPLICANTS.
17:58:20 BUT SIMILAR TO YOU, UNLESS THEY TELL US, WE DON'T KNOW.
17:58:22 AND WE ARE NOT IN A POSITION TO HAVE A TRANSLATOR
17:58:26 AVAILABLE AT EVERY EVENING MEETING.
17:58:30 THAT IS JUST NOT A COST WE CAN INCUR.
17:58:33 >>ORLANDO GUDES: I UNDERSTAND.
17:58:34 >>JOSEPH CITRO: COUNCILWOMAN HURTAK.
17:58:37 >>LYNN HURTAK: I AGREE WITH COUNCILMAN GUDES.
17:58:39 MAYBE A CHECK BOX SOMEWHERE.
17:58:41 BECAUSE WE ALWAYS EXPERIENCE THIS A LOT ON THE VARIANCE
17:58:43 REVIEW BOARD.
17:58:46 >>CATE WELLS: ERIC COTTON IS IN THE AUDIENCE.
17:58:48 I AM SURE HE IS PAYING ATTENTION.
17:58:49 >>ORLANDO GUDES: HE IS IN THE BACK.
17:58:52 I THINK HE WILL MAKE NOTE OF THAT FOR US.
17:58:56 >>JOSEPH CITRO: ITEM NUMBER 8.
17:58:59 >>CLERK: THE ACTUAL SECOND RIGHT-OF-WAY READING DATE
17:59:01 SHOULD BE JUNE 16.
17:59:04 >>MARTIN SHELBY: EXCUSE ME?
17:59:05 THEY ARE GONE.
17:59:08 ARE THEY HERE?
17:59:13 >>CLERK: SHOULD BE JUNE 16, 2022 AT 9:30.
17:59:16 >>MARTIN SHELBY: I KNOW BUT -- DID YOU WANT TO SEE --
17:59:19 I DON'T THINK HE CAN.
17:59:22 >> THEY WENT DOWN THE ELEVATOR.
17:59:23 >>MARTIN SHELBY: THAT'S WHY --
17:59:25 >>ZAIN HUSSEIN: I WILL SEND THEM AN E-MAIL TOMORROW
17:59:26 MORNING.
17:59:29 WILL CONFIRM IN WRITING YOU HAVE THIS DAY AND THIS
17:59:30 TIME.
17:59:32 >>ORLANDO GUDES: HE WILL TAKE CARE OF IT.
17:59:34 >>ZAIN HUSSEIN: I WILL TAKE CARE OF THAT FOR YOU.
17:59:38 >>MARTIN SHELBY: COULD WE HAVE THAT AGAIN, PLEASE.
17:59:42 >>CLERK: FOR ITEM REZ 21-131, SECOND READING WILL BE
17:59:50 HELD ON JUNE 16, 2022 AT 9:30 A.M.
17:59:53 AND ALSO WE NEED TO CORRECT THE --
17:59:55 >>MARTIN SHELBY: I DON'T THINK THAT -- I -- I AM
17:59:56 CONCERNED ABOUT THAT.
17:59:59 BECAUSE HE WROTE THAT DATE DOWN.
18:00:07 AND THAT WAS COMMUNICATED BY COUNCILMAN MIRANDA.
18:00:10 >>CLERK: I CAN CONTACT THE APPLICANT AND ADVISOR.
18:00:11 >>CHARLIE MIRANDA: I MEAN THEY CAN BE FOUND.
18:00:15 THEY ARE NOT GOING TO LEAVE THE CITY.
18:00:20 >>CLERK: CORRECT ITEM NUMBER 2, 22-05.
18:00:23 THE SECOND READING FOR THAT WILL BE JUNE 16, 2022 AT
18:00:28 9:30 A.M.
18:00:35 >>MARTIN SHELBY: ITEM NUMBER?
18:00:38 >>CLERK: NUMBER 2.
18:01:17 >>MARTIN SHELBY: JUNE 16?
18:01:20 >>JOSEPH CITRO: I DON'T WANT TO STOP THIS NECK HEARING
18:01:22 IN THE MIDDLE.
18:01:27 IF COUNCILMAN MANISCALCO COMES BACK.
18:01:32 >>MARTIN SHELBY: THERE HE IS, MR. MANISCALCO.
18:01:34 >>JOSEPH CITRO: WE CAN GIVE THEM THE RIGHT DATE.
18:01:36 COUNCILMAN MANISCALCO, DID YOU FIND THE PETITIONERS?
18:01:38 >>GUIDO MANISCALCO: I CHASED THEM AND GAVE THEM THE
18:01:40 RIGHT DATE.
18:01:43 >>MARTIN SHELBY: DID YOU REALLY?
18:01:47 >>JOSEPH CITRO: SO LET'S GET THAT MATTER BEFORE WE
18:01:50 ENTER INTO -- MISS MICHELLE.
18:01:55 WE WILL HAVE THE RIGHT DATES FOR THE NEXT.
18:01:57 >>CLERK: YES.
18:02:06 >>JOSEPH CITRO: THANK YOU VERY MUCH.
18:02:09 WE ARE GOING TO WAIT FOR THE PETITIONERS TO COME BACK
18:02:12 IN TO HEAR THE CORRECT DATE.
18:02:14 >>GUIDO MANISCALCO: I ALREADY TOLD THEM.
18:02:16 JUNE 16 AT 9:30.
18:02:19 I GOT IT.
18:02:22 >>ORLANDO GUDES: ZAIN WILL SEND AN E-MAIL.
18:02:24 >>ZAIN HUSSEIN: I WILL SEND AN E-MAIL.
18:02:28 >>JOSEPH CITRO: MR. HUSSEIN, PLEASE CONTINUE.
18:02:29 >>ZAIN HUSSEIN: THANK YOU VERY MUCH.
18:02:35 AGENDA ITEM NUMBER 8, CASE REZ-22-25 FOR THE LOCATION
18:02:39 1715 WEST POWHATAN AVENUE PROPOSE READY HE ZONING FROM
18:02:46 RS-50 -- HS-60 RESIDENTIAL SINGLE-FAMILY TO RS-60,
18:02:47 RESIDENTIAL SINGLE-FAMILY.
18:02:50 AND I WILL PASS IT ALONG TO OUR PLANNING COMMISSION.
18:02:52 >>JENNIFER MALONE: JENNIFER MALONE FOR THE PLANNING
18:02:53 COMMISSION.
18:03:00 JUST AS ZAIN STATED, WEST POWHATAN AVENUE IN THE
18:03:01 UNIVERSITY DISTRICT.
18:03:03 I HAVE AN AERIAL HERE.
18:03:09 WE HAVE NORTH ROME AVENUE AND WEST POWHATAN AVENUE.
18:03:11 UNIVERSITY PLANNING DISTRICTS.
18:03:13 LEVEL D EVACUATION.
18:03:14 RIVER IS TO THE EAST.
18:03:18 CLOSEST TRANSIT TO THE EAST OF THE SITE.
18:03:22 THE SURROUNDING AREA IS REALLY DEFINED BY SINGLE-FAMILY
18:03:25 DETACHED DEVELOPMENT PATTERN, WHICH IS REFLECTED WHEN
18:03:29 I SHOW THE FUTURE LAND USE MAP THAT R-10 IS THE ORANGE.
18:03:32 THAT IS TYPICALLY SINGLE-FAMILY DETACHED.
18:03:34 YOU SEE IN NORTH, SOUTH, EAST AND WEST.
18:03:38 THE LIGHTER BROWN TO THE EAST IS RESIDENTIAL-20 ALONG
18:03:40 NORTH ROME THAT ALLOWS FOR HIGHER DENSITY FOR
18:03:42 RESIDENTIAL USES.
18:03:45 THE RED IS COMMUNITY COMMERCIAL 35 THAT ALLOWS FOR
18:03:46 COMMERCIAL INTENSIVE USES.
18:03:49 PLANNING COMMISSION STAFF REVIEWED IN APPLICATION AND
18:03:50 FOUND IN ADVERSE IMPACTS TO THE SURROUNDING
18:03:51 NEIGHBORHOOD.
18:03:55 THIS STREET HAS AN EXISTING AVERAGE DENSITY OF SIX
18:03:55 UNITS PER ACRE.
18:03:59 SO THAT IS ABOUT 60% OF THE DENSITY IS UTILIZED ON THE
18:04:00 STREET.
18:04:02 THE REZONING WILL ALLOW FOR BETTER UTILIZATION OF THE
18:04:05 LAND AND CONSISTENT WITH THE DENSITY ON THE
18:04:06 RESIDENTIAL-10 FUTURE LAND USE.
18:04:09 WILL NOT ALTER THE CHARACTER OF THE SURROUNDING AREA
18:04:12 AND COMPATIBLE WITH THE SURROUNDING DEVELOPMENT PATTERN
18:04:17 AND POINT OUT THE HOUSING GOALS TO PROVIDE AN ADEQUATE
18:04:20 SUPPLY OF HOUSING FOR THE GROWING POPULATION.
18:04:23 AND AIM AVAILABLE FOR ANY QUESTIONS.
18:04:23 THANK YOU.
18:04:26 >>JOSEPH CITRO: ANY QUESTIONS FOR MISS MALONE.
18:04:27 NONE.
18:04:30 MR. HUSSEIN.
18:04:38 >>ZAIN HUSSEIN: 1715 WEST POWHATAN REZONE WERE RS-50
18:04:40 TO RS-60.
18:04:41 THE APPLICANT IS PROPOSING RESIDENTIAL SINGLE-FAMILY
18:04:42 USES.
18:04:49 I WILL SHOW YOU THE -- THE OVERHEAD VIEW OF THE PLAT
18:04:50 HERE.
18:04:51 CAN YOU SEE THIS.
18:04:52 WONDERFUL.
18:04:54 YOU WILL SEE THE TWO PROPOSED LOTS.
18:05:01 LOTS 37 AND LOT 38.
18:05:08 ALSO LOOKING AT AIRPORT AERIAL VIEW.
18:05:10 YOU WILL SEE THE LOT OUTLINED IN RED.
18:05:15 NOW THE LOT ITSELF IS .28 ACRES.
18:05:17 THE SITE, AS YOU SEE, IS FIVE BLOCKS FROM THE
18:05:22 INTERSECTION OF WEST POWHATAN AVENUE AND NORTH ROME
18:05:27 AVENUE.
18:05:32 TO THE NORTH, WEST, SOUTH AND EAST OF THE SITE, THE
18:05:38 PARCEL IS SURROUNDED BY RS-60, SINGLE-FAMILY.
18:05:41 THE PROJECTS ARE ALL DEVELOPED IN THE AREA AS
18:05:43 SINGLE-FAMILY DETACHED USES.
18:05:51 I WILL NOW SHOW THE COMPATIBILITY USE.
18:05:55 AS YOU SEE THE SITE HERE OUTLINED IN BLACK AND HATCHED.
18:05:58 YOU WILL SEE THE SURROUNDING AREA.
18:06:02 NOW STAFF HAS OTHER ANALYSIS BY THE MAP THAT WAS
18:06:06 PROVIDED BY OUR MAPPING DEPARTMENT.
18:06:09 STAFF IDENTIFIED THAT 35% OF LOTS IN THE STUDIED AREA,
18:06:13 70% OF THE SUBJECTED BLOCK, 35% OF THE BLOCK OF WEST
18:06:20 POWHATAN AVENUE AND 72% OF THE BLOCK FACE WITH WIDTH OF
18:06:22 59.99 FEET OR LESS.
18:06:25 WITH THAT BEING SAID, STAFF FINDS THE PROPOSED REQUEST
18:06:28 CONSISTENT WITH THE EXISTING DEVELOPMENT PATTERN OF THE
18:06:30 OVERALL STUDY.
18:06:36 AND BLOCK FACE.
18:06:40 STAFF HAS FOUND THIS CONSISTENT.
18:06:44 BEING EUCLIDIAN, NO SITE PLAN WAS PROVIDED.
18:06:47 I'M HERE FOR ANY QUESTIONS THAT ARE NEEDED.
18:06:50 >>JOSEPH CITRO: ANY QUESTIONS FOR HUSSEIN?
18:07:00 PETITIONER.
18:07:02 IS THE PETITIONER HERE?
18:07:06 >> YES, YES.
18:07:07 YEAH, I AM NOT SWORN IN.
18:07:12 I DIDN'T KNOW I NEEDED TO SPEAK.
18:07:14 >>JOSEPH CITRO: EXCUSE ME, I AM SORRY.
18:07:17 ANYONE ELSE IN THE ROOM THAT WILL BE GIVING ANY TYPE OF
18:07:25 TESTIMONY TONIGHT, PLEASE RISE TO BE SWORN IN.
18:07:30 THANK YOU.
18:07:36 [SWEARING IN]
18:07:40 >> AND I WASN'T AWARE THAT I NEEDED TO SPEAK.
18:07:43 BUT BASICALLY THE -- PARDON ME.
18:07:45 >>JOSEPH CITRO: STATE YOUR NAME AND ADDRESS.
18:07:52 >> MY NAME IS SHELLIE DUPUIS, AND THE ADDRESS IS 1715
18:07:54 WEST POWHATAN AVENUE.
18:07:58 THE LOT AS ZAIN MENTIONED IS .28 ACRES.
18:08:01 IT WAS ORIGINALLY PLATTED AS TWO LOTS.
18:08:06 AND I CANNOT DIVIDE THOSE TWO LOTS UNLESS IT IS ZONED
18:08:08 RS-50.
18:08:11 IT IS CURRENTLY ZONED R-60.
18:08:14 EACH OF THE LOTS WILL BE APPROXIMATELY 57 AND A HALF
18:08:19 FEET WIDE WHICH AS ZAIN MENTIONED IS CONSISTENT WITH
18:08:20 THE NEIGHBORHOOD.
18:08:23 SO THAT IS WHAT I AM ASKING TO YOU DO.
18:08:26 >>JOSEPH CITRO: ANY QUESTIONS FOR THE PETITIONER?
18:08:29 ANYONE IN THE CHAMBERS WHO WOULD LIKE TO GIVE
18:08:36 TESTIMONY?
18:08:39 >> HI, NATHAN HAGAN.
18:08:42 I JUST WANTED TO ASK COUNCIL TO CONSIDER AN ORDINANCE
18:08:46 THAT WOULD REMOVE THESE TYPE OF THINGS FROM COMING TO
18:08:47 COUNCIL.
18:08:51 THIS IS PART OF A GENERAL THEME OF COUNCIL HAVING TO
18:08:53 AGAINST THEIR WILL MICROMANAGE THE DEVELOPMENT AND
18:08:54 CITY.
18:08:56 SEEMS LIKE A VERY STRAIGHTFORWARD PROJECT THAT DOES NOT
18:08:59 REQUIRE TO TAKE UP SO MUCH RESOURCES OF OUR CITY AND
18:09:04 THAT SHOULDN'T BE SUCH A BURDEN TO THE WOMAN HERE WHO
18:09:05 WOULD LIKE TO HAVE THIS DONE.
18:09:07 JUST ADDING THAT AS MY VIEW.
18:09:09 >>JOSEPH CITRO: THANK YOU.
18:09:11 ANY OTHER FURTHER COMMENTS?
18:09:16 >>CLERK: NO REGISTERED SPEAKERS FOR THIS ITEM.
18:09:18 >>JOSEPH CITRO: MOTION TO CLOSE BY COUNCILMAN MIRANDA.
18:09:21 SECONDED BY COUNCILMAN MANISCALCO.
18:09:22 ALL IN FAVOR.
18:09:23 COUNCILMAN GUDES.
18:09:27 >>ORLANDO GUDES: REZ 22-25.
18:09:29 ORDINANCE PRESENTED FOR FIRST READING AND CONSIDERATION
18:09:35 IN THE GENERAL VICINITY OF 1715 WEST POWHATAN AVENUE,
18:09:37 IN THE CITY OF TAMPA, FLORIDA, MORE PARTICULARLY
18:09:40 DESCRIBED IN SECTION 1 FROM ZONING DISTRICTS RS-60
18:09:45 RESIDENTIAL, SINGLE-FAMILY TO RS-50, RESIDENTIAL,
18:09:47 SINGLE-FAMILY, PROVIDING AN EFFECTIVE DATE.
18:09:50 >>JOSEPH CITRO: MOTION BY COUNCILMAN GUDES AND
18:09:52 SECONDED BY COUNCILMAN MIRANDA.
18:09:54 ROLL CALL ROTE.
18:09:54 >>BILL CARLSON: YES.
18:09:56 >>LYNN HURTAK: YES.
18:09:57 >>GUIDO MANISCALCO: YES.
18:09:58 >>LUIS VIERA: YES.
18:10:00 >>ORLANDO GUDES: YES.
18:10:01 >>CHARLIE MIRANDA: YES.
18:10:02 >>JOSEPH CITRO: YES.
18:10:06 >>CLERK: MOTION CARED UNANIMOUSLY SECOND READING WILL
18:10:25 BE JUNE 16, 2022 AT 9:30 A.M.
18:10:28 >>JOSEPH CITRO: I WAS JUST GOING TO ASK THAT.
18:10:30 COUNCILMAN VIERA, YOU HAVEN'T BEEN CALLED YET.
18:10:32 >>LUIS VIERA: MR. CHAIR, I HAVE NOT.
18:10:41 I ANTICIPATE WITHIN TEN MINUTES I WILL BE CALLED.
18:10:45 >>JOSEPH CITRO: WE WILL HEAR AGENDA ITEM NUMBER 9.
18:10:46 I DON'T KNOW HOW LONG THAT WILL TAKE.
18:10:48 YOU HAVE A COMMENT TO MAKE THERE.
18:10:51 LETTING YOU KNOW WE WILL PROCEED.
18:10:53 >>LUIS VIERA: YES, SIR.
18:10:57 >>JOSEPH CITRO: AGENDA ITEM NUMBER 9, FILE NUMBER
18:11:00 REZ-22-62.
18:11:01 HUSSEIN.
18:11:04 >>ZAIN HUSSEIN: ZAIN HERE.
18:11:09 LOCATION IS 2408 NORTH HIMES AVENUE, 3604 BEACH
18:11:17 AVENUE, 3606 BEACH AVENUE TO RS-50 TO RM-16,
18:11:19 RESIDENTIAL MULTIFAMILY.
18:11:26 I WILL PASS IT NOW ON TO OUR PLANNING COMMISSION.
18:11:28 >>JENNIFER MALONE: JENNIFER MALONE WITH THE PLANNING
18:11:29 COMMISSION, AGAIN.
18:11:31 I AM STILL NOT USED TO BEING IN PERSON.
18:11:34 EVERY TIME I GET UP, I HAVE TO PREPARE MYSELF WITH
18:11:34 PAPER.
18:11:39 SO THIS IS ON THE SOUTH OF WEST BEACH STREET, WEST OF
18:11:40 NORTH HIMES AVENUE.
18:11:43 WE ARE ACTUALLY IN THE WEST SHORE PLANNING DISTRICTS.
18:11:47 SO THE SOUTH DALE MABRY HIGHWAY IS ACTUALLY LOCATED,
18:11:48 LIKE, RIGHT OVER HERE.
18:11:51 SOME OF THE COMMERCIAL USES THAT WE START TO SEE THAT
18:11:55 TRANSITION AS WE MOVE CLOSER TO SOUTH DALE MABRY.
18:11:58 THE -- THERE IS -- THIS IS A MULTIFAMILY COMPLEX TO THE
18:11:59 NORTH.
18:12:03 THIS STREET IS DEVELOPED WITH -- LIKE A MIXTURE OF
18:12:07 HOUSING TYPES, BUT IT IS INTERFACING THIS LARGE
18:12:09 MULTIFAMILY DEVELOPMENT RIGHT TO THE NORTH.
18:12:12 AND THIS IS SINGLE-FAMILY DETACHED ON THE OTHER SIDE OF
18:12:13 SOUTH HIMES.
18:12:14 IT MAKES THAT TRANSITION.
18:12:16 THAT IS CONSISTENT WITH WHAT WE ARE GOING TO SEE ON THE
18:12:19 FUTURE LAND USE MAP.
18:12:25 THE LAND USE IS RESIDENTIAL-20.
18:12:28 WHAT WE ARE FINDING ON THE EAST SIDE OF HIMES -- I
18:12:30 APOLOGIZE, TO THE WEST SIDE OF HIMES.
18:12:32 TO THE NORTH.
18:12:34 RESIDENTIAL 50.
18:12:37 RELATIONAL MIX THE USE 100 IN THE PINK AND STARTING TO
18:12:44 GET THAT TRANSITION TO THAT HIGH INTENSITY COMMERCIAL
18:12:45 TO THE EAST OF THE SUBJECT SITE.
18:12:48 THE REQUEST IS CONSISTENT WITH THE COMPREHENSIVE PLAN.
18:12:51 WE FOUND ALREADY ZONING IN THE IMMEDIATE AREA AND THE
18:12:53 RESIDENTIAL-20 ALLOWS THIS AND PROMOTES THIS TYPE OF
18:12:55 ZONING DISTRICT.
18:12:57 IT ALSO IS COMPATIBLE.
18:13:01 IT IS INTERFACING A MUCH MORE INTENSE DEVELOPMENT THAN
18:13:05 WHAT IS BEFORE NEW THE EUCLIDIAN ZONING DISTRICT.
18:13:07 I REMIND COUNCIL OF THE CONSISTENCY WITH THE CITY OF
18:13:11 TAMPA HOUSING POLICIES TO PROVIDE AN ADEQUATE AMOUNT OF
18:13:14 HOUSING TO SUPPORT TAMPA'S GROWING POPULATION.
18:13:16 THAT SUPPORTS MY PRESENTATION.
18:13:16 THANK YOU.
18:13:21 >>JOSEPH CITRO: ANY QUESTIONS FOR MISS MALONE?
18:13:23 HUSSEIN.
18:13:24 >>ZAIN HUSSEIN: THANK YOU SO MUCH.
18:13:26 ZAIN HUSSEIN, LAND DEVELOPMENT COORDINATION.
18:13:33 CASE REZ 22-22-62.
18:13:41 I WILL SHOW YOU THE AERIAL VIEW OF THE SUBJECT SITE.
18:13:45 YOU SEE THE SUBJECT SITE HERE OUTLINED IN RED.
18:13:47 TO THE NORTH, YOU HAVE AN APARTMENT COMPLEX.
18:13:50 TO THE WEST, YOU HAVE RESIDENTIAL SINGLE-FAMILY HOMES.
18:13:53 TO THE EAST, YOU ALSO HAVE RESIDENTIAL SINGLE-FAMILY
18:13:55 DETACHED HOMES.
18:13:58 AND TO THE SOUTH, YOU HAVE RESIDENTIAL SINGLE-FAMILY
18:14:01 DETACHED HOMES.
18:14:08 AND THE SITE OVERALL IS 20 394 SQUARE FEET IN SIZE.
18:14:11 THERE IS CURRENTLY A RESIDENTIAL SINGLE-FAMILY HOUSE ON
18:14:14 THIS AS I WILL SHOW NEW A PICTURE COMING UP.
18:14:16 AND THE SITE IS LOCATED AT SOUTHWEST INTERSECTION OF
18:14:19 NORTH HIMES AVENUE --
18:14:21 >>LUIS VIERA: IF I MAY, MR. CHAIR, I AM BEING PULLED
18:14:22 AWAY.
18:14:23 EXCUSE ME.
18:14:24 I WILL BE BACK.
18:14:26 THANK YOU.
18:14:27 >>ZAIN HUSSEIN: OKAY.
18:14:31 RUNNING NORTH AND SOUTH, NORTH HIMES AND BEACH AVENUE
18:14:37 RUNNING EAST TO WEST.
18:14:41 GOES TO THE PLAT, AS YOU WILL SEE THE THREE SUBJECT
18:14:48 SITES, SITE ONE, TWO AND THREE ALONG HIMES.
18:14:51 AND AS I WENT OUT TO THE SITE, YOU WILL SEE THE CURRENT
18:14:53 STATE OF THE SITE HAVING THAT RESIDENTIAL SINGLE-FAMILY
18:15:01 HOME ON THERE WITH THE PUBLIC NOTICE SIGN IN THE FRONT.
18:15:04 TO THE WEST OF THE SITE, YOU WILL SEE MORE OF THOSE
18:15:11 RESIDENTIAL SINGLE-FAMILY HOMES RUNNING EAST TO WEST.
18:15:16 AS I CAME OUT TO THE INTERSECTION HERE, YOU SEE HIMES
18:15:24 RUNNING NORTH AND SOUTH AND BEACH RUNNING EAST TO WEST.
18:15:27 MORE TO THE EAST HERE, YOU WILL SEE THOSE RESIDENTIAL
18:15:32 SINGLE-FAMILY DETACHED HOMES.
18:15:36 AND TO THE NORTH OF THE SITE, YOU WILL SEE THE -- THE
18:15:42 APARTMENT -- RESIDENTIAL MULTIFAMILY APARTMENT COMPLEX
18:15:44 I WAS SPEAKING OF TO THE NORTH.
18:15:47 STAFF HAS FOUND THIS PROJECT TO BE CONSISTENT WITH THE
18:15:47 ZONING CODE.
18:15:50 THIS BEING EUCLIDIAN, NO SITE PLAN WAS REQUIRED.
18:15:53 I'M HERE FOR ANY QUESTIONS IF NEEDED.
18:15:56 >>JOSEPH CITRO: ANY QUESTIONS FOR HUSSEIN?
18:16:07 PETITIONER.
18:16:12 >> GOOD EVENING, COUNCILMEMBERS, TODD PRESSMAN, ST.
18:16:12 PETERSBURG.
18:16:13 BOTH STAFFS ARE IN SUPPORT.
18:16:18 STAFF REPORT INDICATE THERE ARE NO INCONSISTENCY FROM
18:16:18 THE STAFF.
18:16:20 I DO HAVE A SHORT POWERPOINT.
18:16:23 I CAN HOLD ON THAT IF YOU WOULD LIKE TO SEE IF ANY
18:16:26 CITIZENS ARE HERE -- WE HAVE NOT HEARD FROM ANY
18:16:26 CITIZENS.
18:16:29 THERE HAVE BEEN NO CALLS OR E-MAILS OF ANY KIND THAT WE
18:16:31 ARE AWARE OF.
18:16:33 >>JOSEPH CITRO: YOUR DECISION IF YOU WANT TO PRESENT
18:16:34 IT OR NOT.
18:16:35 >> IT IS SHORT.
18:16:37 I WILL RUN THROUGH IT REAL QUICK, SIR.
18:16:39 IF WE CAN PULL THAT UP, PLEASE.
18:16:44 THE REQUEST IS FROM RS-50 TO RM-16.
18:16:47 THE FUTURE LAND USE IS R-20.
18:16:48 WE ARE MATCHING THAT CATEGORY.
18:16:51 STAFFS ARE IN SUPPORT AND FIND IT CONSISTENT.
18:16:54 YOU CAN SEE FROM ALL THE DIFFERENT DEPARTMENTS AS WELL.
18:16:56 PLANNING COMMISSION NOTES IT IS CONSISTENCY.
18:16:58 THE DENSITY IS COMPATIBLE.
18:17:00 IT WILL NOT ALTER THE CHARACTER.
18:17:03 I WILL MAKE ONE -- I THINK A CORRECTION FROM ZAIN IS
18:17:08 THAT TO THE WEST IS ZONED RM-16 AND AN AIR CONDITIONING
18:17:12 SHOP, LOCATED ON HIMES NORTH OF I-275.
18:17:17 TO THE NORTH IS A VERY LARGE MULTIFAMILY ZONED AT 26
18:17:18 UNITS PER ACRE.
18:17:20 THAT IS DIRECTLY ACROSS THE STREET.
18:17:22 THIS IS THE EXISTING SITE.
18:17:24 THE APARTMENTS ACROSS THE STREET.
18:17:27 WE WILL BE COMPATIBLE IN THAT RESPECT.
18:17:34 THE HE CANNING HOME THAT WILL BE RAZED AND SMALL
18:17:36 MULTIFAMILY PROPOSED FOR THE SITE.
18:17:41 I WILL HAVE ANY ANSWER TO QUESTIONS YOU MAY HAVE.
18:17:44 >>JOSEPH CITRO: ANYONE IN THE AUDIENCE WISH TO SPEAK
18:17:44 ON THIS.
18:17:51 SIR, COME ON UP.
18:17:56 >> HOW ARE YOU DOING, JASON PENA, 3617 WEST PALMETTO
18:17:57 STREET.
18:17:59 FIRST AND FOREMOST.
18:18:01 THANK YOU FOR YOUR GRACE BECAUSE I AM NOT FAMILIAR WITH
18:18:04 THE HEARING PROCESS AND I'M PRETTY SURE I WILL TRIP
18:18:07 OVER AND MAKE SOME MISTAKES, BUT THANK YOU IN
18:18:08 ACCORDANCE.
18:18:10 I HAVE A COUPLE OF QUESTIONS.
18:18:14 BECAUSE I AM THE RESIDENTIAL RIGHT BEHIND THAT
18:18:15 PROPERTY.
18:18:19 AND I REALLY WANT MORE TRANSPARENCY ON WHAT THE PLANS
18:18:21 ARE AND WHAT THE INTENTIONS.
18:18:26 BECAUSE OBVIOUSLY IF THEY MADE AN EXAMPLE OF THE SINGLE
18:18:33 HOUSING ACROSS THE STREET, IT'S TWO STORIES.
18:18:35 IF THEY PLAN ON BUILDING THAT IN MY BACK YARD, THAT
18:18:37 LIMITS PRIVACY.
18:18:39 AND ALSO IF IT IS KIND OF THE SAME STRUCTURE TO THE
18:18:42 EAST OF IT, TO BE HONEST WITH YOU AND FRANK, IT SEEMS
18:18:46 LIKE A REALLY UP-KEPT MOTEL.
18:18:50 HAVING THAT IN MY BACK YARD, I HAVE AN ISSUE WITH IT.
18:18:54 I HAVE AN ISSUE THAT I AM ONLY ONE PERSON BUT I WANT
18:18:57 TRANSPARENCIES ON WHAT THE PLANS ARE BEFORE WE REZONE.
18:19:00 >>JOSEPH CITRO: WERE YOU -- WERE YOU CONTACTED?
18:19:03 WERE YOU ON THE -- THE NOTICE?
18:19:07 >> ALL I GOT WAS THIS WHICH IS THE MEETING NOTICE.
18:19:11 FOR THIS HEARING.
18:19:16 >>JOSEPH CITRO: THANK YOU.
18:19:22 ANYONE ELSE IN THE AUDIENCE?
18:19:24 >> MY NAME IS NATHAN HAGAN.
18:19:27 THE LAST SPEAKER I AM SURE IS VERY NICE AND I HAVE A
18:19:31 LOT OF RESPECT FOR HIM, BUT I BELIEVE THAT NEIGHBORS
18:19:33 GET TO SAY NO TO NEW HOUSING.
18:19:36 NOT A VO JUST BECAUSE YOU LIVE NEXT DOOR.
18:19:39 I IMPLORE THE DEVELOPER TO BE RESPECTFUL TO THE
18:19:42 NEIGHBORS AND A GOOD CITIZEN AND CONTRIBUTE TO THE
18:19:42 COMMUNITY.
18:19:46 BUT I HOPE THIS PROJECT DOES NOT VETO BECAUSE -- FOR
18:19:50 THE REASONS THAT WAS STATED PREVIOUSLY.
18:19:51 THANK YOU.
18:19:52 >>JOSEPH CITRO: THANK YOU.
18:19:55 ANYONE ELSE IN THE AUDIENCE?
18:19:59 AND WE HAVE NO ONE ONLINE?
18:20:04 >>CLERK: NO, THE PERSON SHOWED UP IN PERSON.
18:20:13 >>JOSEPH CITRO: ANY REBUTTAL, MR. PRESSMAN?
18:20:24 >> IF COULD YOU GIVE ME ONE SECOND, SIR.
18:20:31 WHAT IS PROPOSED IS A SMALL ATTACHED TOWN HOME.
18:20:36 AND AS BOTH STAFFS AS SAID, IT WILL BE COMPATIBLE WITH
18:20:37 THE USES IN THE IMMEDIATE AREA.
18:20:40 THE IMMEDIATE AREA IS MULTIFAMILY AS YOU SAW FROM THE
18:20:41 PICTURES.
18:20:44 IT WILL BE BUILT TO CODE LEVELS, RM-16 IS LOCATED
18:20:49 DIRECTLY ABUTTING NEXT DOOR TO THE WEST.
18:20:54 AND IN TERMS OF HEIGHT, RS-60 WHICH IT IS NOW WILL
18:20:57 PERMIT 35 FEET HIGH WHICH IS THE EXPECTED HEIGHT OR
18:20:59 NEAR THE EXPECTED HEIGHT OF THIS PROJECT.
18:21:03 THANK YOU.
18:21:05 >>JOSEPH CITRO: DOES THAT END YOUR PRESENTATION?
18:21:09 >> YEAH, JUST TO ADD -- THANK YOU, MR. CHAIRMAN.
18:21:15 JUST TO ADD NO VARIATIONS PROPOSED THAT ARE BEFORE YOU.
18:21:16 >> MOVE TO CLOSE.
18:21:18 >>ORLANDO GUDES: SECOND.
18:21:19 >>JOSEPH CITRO: A MOTION BY COUNCILMAN MANISCALCO TO
18:21:20 CLOSE.
18:21:21 SECONDED BY COUNCILMAN GUDES.
18:21:23 ALL IN FAVOR.
18:21:27 MR. MIRANDA, COUNCILMAN MIRANDA.
18:21:29 >>CHARLIE MIRANDA: THANK YOU, MR. CHAIRMAN.
18:21:33 REZ-22-62, ORDINANCE PRESENTED FOR FIRST READING.
18:21:37 IN THE GENERAL VICINITY OF 2408 NORTH HIMES AVENUE,
18:21:42 3604 BEACH STREET AND 3606 BEACH STREET IN THE CITY OF
18:21:44 TAMPA, FLORIDA, MORE PARTICULARLY DESCRIBED IN SECTION
18:21:51 1 FROM ZONING DISTRICT CLASSIFICATION RS-50 TO RM-16.
18:21:54 PROVIDE ACTION AN IF HE CAN FIVE DATE.
18:21:59 >>JOSEPH CITRO: MOTION BY COUNCILMAN MIRANDA.
18:22:01 GUDES YES.
18:22:02 >>GUIDO MANISCALCO: YES.
18:22:04 >>BILL CARLSON: YES.
18:22:05 >>LYNN HURTAK: YES.
18:22:07 >>JOSEPH CITRO: YES.
18:22:11 >>CLERK: MOTION CARRIES WITH VIERA BEING ABSENT AT
18:22:16 VOTE, JUNE 16, 2022 AT 9:30 A.M.
18:22:19 >>JOSEPH CITRO: ALL THOSE CASES WENT MUCH QUICKER THAN
18:22:20 I THOUGHT.
18:22:24 THE REASON FOR DOING THAT IS SO WE CAN ACCOMMODATE
18:22:27 COUNCILMAN VIERA.
18:22:29 LADIES AND GENTLEMEN, IF YOU DO NOT MIND, I WOULD LIKE
18:22:34 TO TAKE A FIVE-MINUTE RECESS.
18:35:13 THANK YOU.
18:35:15 >>JOSEPH CITRO: THE CITY COUNCIL EVENING MEETING
18:35:17 IS BACK IN SESSION.
18:35:19 ROLL CALL.
18:35:20 >>GUIDO MANISCALCO: HERE.
18:35:21 >>LYNN HURTAK: HERE.
18:35:22 >>ORLANDO GUDES: HERE.
18:35:24 >>CHARLIE MIRANDA: HERE.
18:35:28 >>JOSEPH CITRO: HERE.
18:35:33 >>MARTIN SHELBY: COUNCILMAN CARLSON IS HERE?
18:35:39 >>JOSEPH CITRO: COUNCILMAN VIERA, CAN YOU HEAR ME?
18:35:45 COUNCILMAN VIERA.
18:35:50 LADIES AND GENTLEMEN, COUNCILMAN VIERA IS ON HIS WAY
18:35:53 BACK TO CITY HALL AND HE WILL BE LISTENING ON HIS
18:35:55 PHONE.
18:35:57 >>MARTIN SHELBY: WAIT A SECOND.
18:36:02 I DON'T KNOW WHETHER THAT IS QUITE SUFFICIENT.
18:36:05 FOR PURPOSES --
18:36:25 >>JOSEPH CITRO: WE ARE STARTING AGENDA NEW MEXICO 5.
18:36:27 >>MARTIN SHELBY: MR. CHAIRMAN, WANT TO BE CLEAR ON
18:36:27 THIS.
18:36:32 COUNCILMAN VIERA, DID HE RESPOND TO THE ROLL CALL?
18:36:34 >>JOSEPH CITRO: WE ARE GOING TO START THIS.
18:36:39 >>MARTIN SHELBY: VERY WELL.
18:36:41 >>JOSEPH CITRO: WE ARE GOING TO START THIS.
18:36:45 WHEN HE COMES THROUGH THE DOOR, YOU CAN --
18:36:48 >>MARTIN SHELBY: AGAIN WE HAVE ONE, TWO, FOUR, FIVE,
18:36:50 SIX COUNCILMEMBERS.
18:36:54 KNIFE CHAMBER AND COUNCILMAN CARLSON IS VIRTUAL.
18:36:57 THANK YOU.
18:37:01 >>SUSAN JOHNSON-VELEZ: GOOD EVENING, MEMBERS OF CITY COUNCIL.
18:37:04 SUSAN JOHNSON-VELEZ.
18:37:07 ITEM NUMBER 5 IS ON TONIGHT'S AGENDA BASED ON A SPECIAL
18:37:15 MAGISTRATE FOR REQUEST OF RELIEF FILED BY 120 FRANKLIN
18:37:20 HOLDINGS LCC OTHERWISE THE FLORIDA LAND USE AND DISPUTE
18:37:21 RESOLUTION ACT.
18:37:24 I WANT TO MAKE A FEW BRIEF COMMENTS BEFORE PROVIDING
18:37:27 THE HISTORY OF THE APPLICATION AND THE DETAILED OF THE
18:37:30 -- DETAILS OF PROPOSED SETTLEMENT.
18:37:34 UNLIKE THE OTHER APPLICATIONS THAT YOU HEAR.
18:37:38 EVERY TIME THE CITY OF TAMPA WILL CONSIDER A
18:37:44 SETTLEMENT, IT ALLOWS FOR ITEM OUTSIDE OF THE LAND
18:37:45 DEVELOPMENT CODE INCLUDING AND NOT LIMITED TO THE
18:37:49 PROPOSED INTEREST FROM THE PROPOSED SETTLEMENT.
18:37:57 AFTER I FINISH, WE WILL HEAR FROM SCOTT STEADY WHO IS
18:37:57 THE MAGISTRATE.
18:38:00 ONCE HE CONFIRMS THE REMEDIATION PROCESS AND HIS
18:38:03 RECOMMENDATIONS, YOU WILL HEAR FROM CITY A STAFF.
18:38:04 YOU WILL HEAR FROM THE APPLICANT.
18:38:05 MEMBERS OF THE PUBLIC.
18:38:07 AND THEN THE APPLICANT WILL HAVE AN OPPORTUNITY FOR
18:38:09 REBUTTAL.
18:38:12 SO AS FAR AS THE HISTORY OF THIS CASE, AS YOU MAY
18:38:16 RECALL AT YOUR OCTOBER 21, 2021 MEETING.
18:38:19 AFTER A PUBLIC HEARING ON A PETITION OF REVIEW FILED BY
18:38:22 NEIGHBORING PROPERTY OWNERS, CITY COUNCIL OVERTURNED
18:38:25 THE ZONING ADMINISTRATOR'S APPROVAL WITH CONDITIONS OF
18:38:33 A ALCOHOLIC SPECIAL USE AB 1-21-20 FOR 1202 N. FRANKLIN
18:38:34 STREET.
18:38:37 AFTER THAT -- THAT ESSENTIAL DENIALS OF THAT SPECIAL
18:38:38 USE PERMIT.
18:38:43 MIA OF TAMPA FILED A REQUEST FOR RELIEF NOVEMBER 12,
18:38:43 2021.
18:38:48 MIA TAMPA ASSERTED THAT THE CITY'S DENIAL WAS UNFAIRLY
18:38:51 BURDENED ITS USE OF THE PROPERTY.
18:38:53 THE REQUEST FOR RELIEF IS AN ADMINISTRATIVE PROCEEDING
18:38:56 THAT SHERIFF'S OFFICE A TWO-STEP PROCESS.
18:38:59 STEP ONE REQUIRES THE SPECIAL MAGISTRATE FOR AN
18:39:05 INFORMAL MEDIATION OF THE CITY AND MIA DETERMINE
18:39:07 ADJUSTMENTS THAT ARE SUBJECT TO CITY COUNCIL'S DECISION
18:39:08 TO DENY THE APPLICATION.
18:39:11 IN THIS CASE, THE SPECIAL MAGISTRATE CONDUCTED THE STEP
18:39:15 ONE INFORMAL MEDIATION ON JANUARY 18.
18:39:19 AND THEN WE CONTINUED THE MEDIATION TO A SECOND DATE ON
18:39:22 FEBRUARY 10 OF 2022.
18:39:25 MEMBER OF THE PUBLIC WERE INVITED TO AND ATTENDED BOTH
18:39:29 OF THESE MEDIATION SESSION.
18:39:37 CONCLUSION OF THE FEBRUARY 10, 2022.
18:39:40 WE ADDRESSED ISSUES RAISED AT THE 2021 HEARING AND
18:39:44 AGREED TO COOPERATE IN FINALIZING THE SITE PLAN.
18:39:46 THE APPLICANT FILED THE REVISED SITE PLAN MAY 12, 2022
18:39:49 THAT INCLUDED A NUMBER OF REVISED CONDITIONS THAT THE
18:39:54 APPLICANT AND MR. STEADY WILL DESCRIBE TO YOU AND WHICH
18:39:58 ARE ALSO INCLUDED IN THE ORDINANCE, AS WELL AS ON THE
18:39:59 SITE PLAN.
18:40:02 SO THE SPECIAL MAGISTRATE IN HIS REPORT AND
18:40:06 RECOMMENDATION DATED MARCH 10, 2022 THAT THE CITY
18:40:08 COUNCIL FAVORABLY CONSIDER THIS PROPOSAL.
18:40:11 THE SITE PLAN BEFORE YOU THIS EVENING IS ESSENTIALLY
18:40:13 THE SAME AS THE ONE CONSIDERED BY COUNCIL BACK IN
18:40:16 OCTOBER 2021 EXCEPT FOR THE REVISED CONDITIONS WHICH,
18:40:19 AGAIN, ARE INCLUDED IN THE MAGISTRATE'S RECOMMENDATION
18:40:22 AS WELL AS IN THE ORDINANCE.
18:40:25 TONIGHT, AGAIN, STAFF WILL MAKE A PRESENTATION TO YOU,
18:40:28 INCLUDING THE CHANGES THAT ARE BEING PROPOSED AND THEN
18:40:30 THE APPLICANT WILL MAKE A PRESENTATION TO YOU ON THE
18:40:31 PROJECT.
18:40:34 IN A REGULAR AB SPECIAL USE HEARING, CITY COUNCIL WILL
18:40:37 BE LOOKING SOLELY ON WHETHER THE APPLICANT HAS
18:40:42 DEMONSTRATED BY SUBSTANTIAL COMPETENT EVIDENCE THAT THE
18:40:43 PROJECT MEETS THE CITY'S REGULATIONS AND CONSISTENT
18:40:45 WITH THE SITE PLAN.
18:40:48 BECAUSE THIS IS A SETTLEMENT PROPOSAL, OTHER FACTORS
18:40:50 THAT CITY COUNCIL SHOULD TAKE INTO CONSIDERATION.
18:40:54 NAMELY THAT THE FILING OF A PROCEEDING UNDER THIS
18:40:58 STATUTE HOLDS THE TIME PERIOD UNDER WHICH A PROPERTY
18:41:02 OWNER CAN SEEK JUDICIAL REVIEW THE DENIAL.
18:41:07 SO THE APPLICANT COULD STILL YOU FILE A PETITION IN
18:41:11 CIRCUIT COURT CONSIDERING THE REVIEW OF CITY COUNCIL'S
18:41:12 DENIAL.
18:41:17 THIS SETTLEMENT COULD AVOID THE SUBSTANTIAL COST S THAT
18:41:19 WITH COURT PROCEEDINGS.
18:41:22 71.50.
18:41:24 CITY COUNCIL HAS THREE OPTIONS WITH RESPECT TO THE
18:41:26 SPECIAL MAGISTRATE'S RECOMMENDATION.
18:41:28 AFTER HEARING ALL OF THE EVIDENCE AND TESTIMONY WITH
18:41:32 RESPECT TO THE PROPOSED AB PERMIT AND REVISED SITE
18:41:35 PLAN, CITY COUNCIL MAY ACCEPT THE SPECIAL MAGISTRATE'S
18:41:37 RECOMMENDATION BY ADOPTING A MOTION APPROVING THE
18:41:40 ALCOHOLIC BEVERAGE PERMIT AND THEN PROCEED TOO
18:41:42 IMPLEMENT THE RECOMMENDATION.
18:41:44 IN THIS CASE, IMPLEMENTATION OF THE MAGISTRATE'S
18:41:47 RECOMMENDATION REQUIRES CITY COUNCIL TO PLACE THE
18:41:50 ORDINANCE ON FIRST READING AND A SECOND READING ON THE
18:41:52 ORDINANCE WOULD STILL BE REQUIRED.
18:41:56 IF CITY COUNCIL ON THE OTHER HAND DETERMINE THAT MIA
18:41:59 TAMPA FAILED TO MEET ITS BURDEN AND FAILS TO TAKE INTO
18:42:02 CONSIDERATION THE OTHER RELEVANT MATTERS I DESCRIBED,
18:42:05 THAN CITY COUNCIL MAY REJECT THE CITY SPECIAL
18:42:07 MAGISTRATE'S RECOMMENDATION.
18:42:10 THE THIRD OPTION THAT CITY COUNCIL MAY MODIFY THE
18:42:14 SPECIAL MAGISTRATE'S WITH MIA TAMPA'S ACCEPTANCE OF THE
18:42:18 MODIFICATIONS AND CONTINUE TO MODIFY THE RECOMMENDATION
18:42:22 AGAIN BY PLACING THE ORDINANCE ON FIRST READING.
18:42:24 I WILL BE HAPPY TO ANSWER ANY QUESTIONS OFF THIS AT
18:42:25 THIS POINT.
18:42:28 IF THERE ARE NONE, I WILL TURN THE PRESENTATION OVER TO
18:42:31 MR. STEADY AND HEAR FROM CITY STAFF, THE APPLICANT, THE
18:42:33 PUBLIC AND THEN REBUTTAL.
18:42:39 >>JOSEPH CITRO: ANY QUESTIONS FOR MISS JOHNSON-VELEZ?
18:42:42 >> YES, CHAIRMAN, MEMBERS OF CITY COUNCIL, SCOTT
18:42:43 STEADY.
18:42:45 AS SUSAN SAID, I WAS THE SPECIAL MAGISTRATE, THE
18:42:47 MEDIATOR.
18:42:50 SUSAN SAID WE HAD TWO, WHAT I THOUGHT, WERE PRODUCTIVE
18:42:51 SESSIONS.
18:42:54 TOOK TIME BETWEEN THE FIRST ONE AND SECOND ONE, BUT TO
18:42:57 -- TO KIND OF FINE TUNE SOME OF THE CONDITIONS.
18:43:01 I WOULD SAY I BELIEVE YOUR STAFF WORKED HARD ALONG WITH
18:43:04 THE PETITIONER TO TRY TO BALANCE BETWEEN FIXING THE
18:43:07 PROBLEM THAT OCCURRED PREVIOUSLY WITH COMING UP WITH
18:43:08 CONDITIONS THAT WOULD ALLOW THE BUSINESS TO BE
18:43:10 SUCCESSFUL.
18:43:12 THERE WERE RESIDENTS AND NEIGHBORS THAT PARTICIPATED.
18:43:16 I THINK THEY -- THEY DID EFFECT THE FINAL CONDITIONS,
18:43:20 BUT I UNDERSTAND THEY ARE HERE TODAY AND PERHAPS MAY
18:43:21 WILL IDENTIFY SOME MORE CONCERNS.
18:43:26 BUT WITH THAT, BASED ON THE MEDIATION THAT OCCURRED AND
18:43:28 THE EFFORTS THAT WERE MADE.
18:43:30 I RECOMMEND THAT THE CITY COUNCIL CONSIDER AND APPROVE
18:43:32 A REVISED CONDITIONS.
18:43:35 AND SUSAN MENTIONED -- I AM NOT GOING TO GO THROUGH THE
18:43:36 CONDITIONS.
18:43:38 I WILL LETTER RICK GO THROUGH THE PETITION AND THE
18:43:41 PETITIONER TO SAVE TIME.
18:43:42 THANK YOU.
18:43:44 >>JOSEPH CITRO: ANY QUESTIONS FOR THE MAGISTRATE?
18:43:50 THANK YOU.
18:43:53 >>ERIC COTTON: EVENING, COUNCIL, ERIC COTTON,
18:43:54 DEVELOPMENT COORDINATION.
18:43:55 I HAVE BEEN SWORN.
18:43:57 TO SITUATE COUNCIL ON THIS PROPERTY.
18:44:01 1202 N. FRANKLIN STREET.
18:44:06 TOWARD THE NORTH SIDE OF DOWNTOWN.
18:44:10 AGAIN, AS SUSAN HAD PREVIOUSLY INDICATED, THIS IS THE
18:44:11 PROPOSED SITE PLAN.
18:44:13 THE MAIN CHANGE THAT HAS BEEN SUBMITTED BETWEEN THIS
18:44:17 AND THE ORIGINAL PLAN THAT COUNCIL HAD SEEN BACK IN
18:44:22 OCTOBER IS JUST A LIST OF CONDITIONS WHICH -- DOES THE
18:44:26 COUNCIL -- I KNOW TOUGH IN THE RECORD, BUT YOU WANT ME
18:44:28 TO READ IT INTO THE RECORD.
18:44:30 >>MARTIN SHELBY: I THINK YOU SHOULD READ IT INTO THE
18:44:32 RECORD, PLEASE.
18:44:34 >>ERIC COTTON: TAKE THESE BACK BECAUSE I CAN'T SEE
18:44:37 THAT WELL ANYMORE.
18:44:42 27-132, GOVERNING INDIVIDUAL SPECIAL USES, ALCOHOLIC
18:44:43 BEVERAGE SALES.
18:44:45 ESTABLISHMENT WILL BE CONSIDERED A SPECIAL RESTAURANT
18:44:48 DEFINED IN CHAPTER 27 OF THE CITY OF TAMPA CODE.
18:44:52 TWO, THE ESTABLISHMENT SHOULD ONLY BE OPERATED AS A
18:44:54 ESTABLISHMENT WHOSE BUSINESS IN THE PREPARATION SERVING
18:44:57 AND SELLING OF FOOD TO CUSTOMERS FOR IMMEDIATE
18:45:01 CONSUMPTION ON OR IN THE VICINITY OF PREMISE OR TAKEOUT
18:45:02 BY CUSTOMERS.
18:45:06 FOOD WILL CONTINUE TO BE PREPARED AND SERVED AND SOLD
18:45:07 DURING OPERATIONAL BUSINESS OWNERS.
18:45:10 AND ESTABLISHMENT SHOULD BE LICENSE AND AS A RESTAURANT
18:45:12 OR SIMILAR TYPE BY THE STATE OF FLORIDA.
18:45:16 NUMBER THREE, REPORTING REQUIREMENTS SET FORTH IN
18:45:18 27-319 SHOULD APPLY.
18:45:21 SO YOU KNOW WHAT THAT MEAN, 51-49%.
18:45:24 EACH YEAR THEY WILL HAVE TO FILE TO SHOW THEY ARE
18:45:28 SELLING AT LEAST 51% FOOD PRODUCT.
18:45:30 NOT 51% ALCOHOL.
18:45:33 THE PROPOSED HOURS OF OPERATION THE INTERIOR OF THE
18:45:37 ESTABLISHMENT CLOSE 11:00 SUNDAY AND THURSDAY AND
18:45:39 MIDNIGHT ON FRIDAY AND SATURDAY.
18:45:43 THE ROOFTOP 11:00 SUNDAY THROUGH THURSDAY AND 12
18:45:45 MIDNIGHT ON FRIDAY AND SATURDAY.
18:45:50 NO AMPLIFIED SOUND OF ROOFTOP AFTER 11 P.M., NO DEEJAY
18:45:53 EVENTS WILL BE PRESENTED ON THE PROPERTY AT ANY GIVEN
18:45:54 TIME.
18:45:57 IF LIVE MUSE IS FEATURED, THE FOLLOWING CONDITIONS WILL
18:46:02 APPLY: PERMITTED INSIDE ON THE GROUND FLOOR OPEN AND
18:46:05 SUCH PERFORMANCES ALL DOORS, SLIDING PANELS AND WINDOWS
18:46:07 WOULD HAVE TO REMAIN CLOSED.
18:46:13 IF A SIDEWALK CAFE PERMIT WAS TO BE ISSUED.
18:46:16 THE SECOND PROCESS IN CHAPTER 22.
18:46:20 THE AREA ALLOWED FOR USE WILL BE DINING ONLY AS
18:46:22 REQUIREMENT SUPPORT IN THE CODE AND OPERATE AS THE SAME
18:46:24 HOURS AS THE RESTAURANT AND NO STANDING OR CONGREGATING
18:46:29 EXCEPT FOR PATRONS WHO ARE WAITING TO GET INTO THE
18:46:31 ESTABLISHMENT ARE ALLOWED TO WAIT ON THE SIDEWALK.
18:46:34 THE ESTABLISHMENT IS PROHIBITED FROM ANY USE OR
18:46:37 IMPLEMENTATION OF COVER CHARGE OR ADMISSION FEE FOR
18:46:39 PATRONAGE OR SPECIAL EVENTS.
18:46:42 FOR THE PURPOSE OF THIS COMMISSION, A COVER CHARGE OR
18:46:48 ADMISSION FEE, RENTAL FEES, CHARGES, PREMIUM ADD-ON TO
18:46:52 PATIENTS BILLS SUCH AS UFC FIGHTS AND ADMISSION FEES
18:46:55 CHARGED OR PAID FOR BY THE THIRD PARTY WHICH RESERVE
18:46:59 THE SPACE FOR AN EVENT HOSTED BY THE URBAN LAND
18:47:01 INSTITUTE, AMERICAN CANCER SOCIETY, NOISE LIMITING
18:47:05 EQUIPMENT SHALL BE APPLIED TO ALL AMPLIFIED SOUND ON
18:47:06 THE ROOFTOP.
18:47:10 NOT WITHSTANDING THE ABOVE CONDITIONS, SHALL COMPLY
18:47:13 WITH CHAPTER 14, ARTICLE III OF THE CITY OF TAMPA CODE,
18:47:16 THE CITY OF TAMPA NOISE ORDINANCE.
18:47:20 IN THE EVEN OF A CONFLICT OF THESE, THE STRICTER
18:47:23 STANDARD SHALL APPLY AND THE ESTABLISHMENT SHALL
18:48:11 OPERATE AS A SPECIAL RESTAURANT.
18:48:30 >> LET'S SEE.
18:48:33 >> MR. CHAIR, CAN YOU SEE OUR PRESENTATION?
18:48:33 OKAY.
18:48:35 THANK YOU.
18:48:41 JAKE CREMER FOR THE RECORD, STEARNS WEAVER MILLER.
18:48:45 MISS SPIDEL IS PASSING OUT BINDERS.
18:48:48 ANY NEW MATERIAL THAT IS NOT IN THE BINDER WITH A HARD
18:48:49 COPY OF OUR PRESENTATION FOR TONIGHT.
18:48:52 MR. CHAIR AND COUNCIL, WE WORKED HARD TO ADDRESS THE
18:48:52 CONCERNS.
18:48:56 WE HEARD FROM YOU ALL BACK LATE LAST YEAR, AND MY
18:49:02 PARTNER, JESSICA YZERMAN, WILL PRESENT A PRESENTATION FOR
18:49:02 YOU.
18:49:05 THANK YOU.
18:49:11 >> GOOD EVENING, MY NAME IS JESSICA YZERMAN, AND MY ADDRESS
18:49:14 IS 401 EAST JACKSON STREET SUITE 2100.
18:49:19 WITH US IS CYNTHIA SPIDEL, A CERTIFIED PLANNER.
18:49:23 AND GARY UBEHOER, OUR NOISE EXPERT.
18:49:26 IF YOU HAVE QUESTIONS WITH RESPECT TO NOISE, WE CAN
18:49:27 BRING HIM UP.
18:49:30 I FIRST WOULD LIKE TO THANK STAFF AND MR. STEADY.
18:49:33 I BELIEVE WE WORKED LONG AND HARD AND THIS MIGHT BE THE
18:49:37 HARDEST EARNED SPECIAL USE PERMIT THAT STAFF HAS WORKED
18:49:42 ON.
18:49:46 SO LIKE MR. COTTON SAID, THE PROPERTY IS LOCATED ON N.
18:49:47 FRANKLIN STREET.
18:49:50 THIS IS WITHIN THE CENTRAL BUSINESS DISTRICT AND IN THE
18:49:54 FUTURE LAND USE CATEGORY OF THE CENTRAL BUSINESS
18:49:55 DISTRICT.
18:50:01 AND AS MISS JOHNSON-VELEZ INDICATED, THERE ARE THREE
18:50:02 OPTIONS AVAILABLE TO YOU TONIGHT.
18:50:05 YOU CAN APPROVE THE REPORT AND RECOMMENDATION OF THE
18:50:07 SPECIAL MAGISTRATE, YOU CAN DENY THE REPORT AND
18:50:10 RECOMMENDATION, WHICH WOULD MEAN WE PROCEED TO STEP TWO
18:50:15 OF THE FLUEDRA PROCESS WHICH WOULD BE A HEARING.
18:50:18 AND THE THIRD OPTION IS TO MODIFY THAT REPORT AND
18:50:21 RECOMMENDATION WITH THE CONSENT OF THE APPLICANT.
18:50:24 GIVEN THAT THE CONSENT OF THE APPLICANT IS REQUIRED FOR
18:50:28 MODIFICATION, I WOULD REQUEST YOU CONSIDER NOT CLOSING
18:50:32 THE PUBLIC HEARING SO THAT WE MAY COME UP AND INTERACT
18:50:35 WITH YOU IN THE EVENT YOU DO HAVE REVISED CONDITIONS
18:50:40 THAT YOU WOULD LIKE FOR US TO CONSENT UPON.
18:50:43 SO AT MEDIATION, WE WANTED TO START WITH CONDITIONS
18:50:45 THAT WE KNEW THE NEIGHBORS SUPPORTED.
18:50:49 SO WE USED CONDITIONS UNDER THE CURRENT APPROVAL, WHICH
18:50:55 IS AB 120-29 AS OUR BASELINE.
18:50:57 SO WHEN THE REPORT AND RECOMMENDATION FROM MR. STEADY,
18:51:01 YOU WILL SEE CONDITIONS WITH TRACK CHANGES.
18:51:04 THE ORIGINAL TEXT SHOWS THE CONDITIONS THAT ARE
18:51:07 CURRENTLY IMPOSED ON THE PROPERTY UNDER THE CURRENT
18:51:10 SPECIAL USE PERMIT.
18:51:15 THE TRACT CHANGES SHOW THE REVISED MEDIATED CONDITIONS.
18:51:19 WE COMPLETELY THREW OUT THE CONDITIONS APPROVED BY YOUR
18:51:21 ZONING ADMINISTRATOR WHICH WERE APPEALED BY SOME OF THE
18:51:22 NEIGHBORS.
18:51:26 I POINT THIS OUT BECAUSE, FRANKLY, I WANT TO YOU SEE
18:51:28 THAT WE ARE TRYING TO BE ACCOMMODATING TO THE GREATEST
18:51:31 EXTENT POSSIBLE WHILE KEEPING THE PROPERTY MARKETABLE
18:51:34 FOR A RESTAURANT USE.
18:51:38 IN THE SPIRIT OF COMPROMISE, WE ARE PLEASED TO PRESENT
18:51:40 WITH YOU SOME MODIFICATIONS TO THOSE MEDIATED
18:51:42 CONDITIONS.
18:51:45 AND THESE ARE IN RESPONSE TO SOME OF THE NEIGHBORS'
18:51:49 CONCERNS WE SEE RAISED AFTER THE MEDIATION.
18:51:54 THE FIRST MEDIATED OR FIRST MODIFIED IS CONDITION
18:51:57 NUMBER 5 WHICH PERTAINS TO AM POLICE TIDE SOUND ON THE
18:51:58 ROOFTOP.
18:52:02 WE HAVE PROPOSED TO REVISE THIS CONDITION FROM THERE
18:52:06 SHALL BE NO AMPLIFIED SOUND OF ANY SORT ON THE ROOFTOP
18:52:10 SPACE AFTER 11 P.M. TO THERE SHALL BE NO AMPLIFIED
18:52:15 SOUND OF ANY SPORT AFTER 10 P.M. THIS IS A REDUCTION OF
18:52:20 AMPLIFIED SOUND OF THE ROOFTOP BY ONE HOUR.
18:52:22 AND WE ARE OFFERING THAT TO YOU TODAY.
18:52:27 THE SECOND MODIFIED CONDITION DEAL WITH CONDITION
18:52:27 NUMBER 9.
18:52:31 THIS IS WHAT I CALL THE COVER CHARGE CONDITION.
18:52:36 WE HEARD FROM SOME OF THE NEIGHBORS THAT THEY DID NOT
18:52:40 APPRECIATE THE ADDED SENTENCE AND BELIEVED THAT WE --
18:52:43 THEY WERE UNCOMFORTABLE WITH THAT LANGUAGE.
18:52:47 SO WE HAVE AGREED TO REVERT TO THE INITIAL -- THE
18:52:51 EXISTING LANGUAGE TODAY, WHICH WE KNOW IS NOT
18:52:53 OBJECTIONABLE TO THE NEIGHBORS.
18:52:58 SO THAT UNDERLINED SENTENCE -- IN THE PRESENCE -- THAT
18:53:01 IS WHAT WE ADDED ON DURING MEDIATION.
18:53:04 WE ARE AGREEING TO TAKE THAT ADDED SENTENCE OFF.
18:53:07 THAT WOULD MEAN THAT THE MODIFIED CONDITION WOULD READ,
18:53:10 THE ESTABLISHMENT IS PROHIBITED FROM ANY USE OR
18:53:13 IMPLEMENTATION OF A COVER CHARGE OR ANY ADMISSION FEE
18:53:17 AT ANY TIME FOR REGULAR PATRONAGE OR SPECIAL EVENTS,
18:53:20 ETC.
18:53:23 SO GIVEN ALL THIS, I WOULD LIKE TO WALK YOU THROUGH
18:53:27 THE PROPOSED CONDITIONS IN MORE DETAIL.
18:53:31 CONDITIONS NUMBER 1, 2 AND 3 ENSURE THAT THE PROPERTY
18:53:34 WILL BE OPERATED AS A RESTAURANT.
18:53:38 AND AS A REMINDER, OPERATION AT A RESTAURANT IS
18:53:40 ENFORCED AT BOTH THE STATE AND LOCAL LEVEL.
18:53:45 A RESTAURANT MUST HAVE 51% OR MORE OF SALES AND FOOD
18:53:49 AND 49% OR LESS OF SALES AND ALCOHOL.
18:53:51 THE ESTABLISHMENT MUST COMPLY WITH REPORTING
18:53:54 REQUIREMENTS OF THESE SALES AT BOTH THE STATE AND LOCAL
18:53:56 LEVEL.
18:53:59 IF COMPLIANCE IS NOT MAINTAINED AT THE STATE LEVEL, THE
18:54:03 STATE WILL REVOKE THE STATE LEVEL ALCOHOL LICENSE.
18:54:07 LIKEWISE IF COMPLIANCE IS NOT MAINTAINED AT THE LOCAL
18:54:12 LEVEL, THE CITY MAY HOLD A SECTION 27-318 HEARING
18:54:16 WHICH IS AN ENFORCEMENT HEARING BEFORE CITY COUNCIL
18:54:19 WHEREIN COUNCIL MAY SUSPEND OR REVOKE THE SPECIAL USE
18:54:34 PERMIT FOR NONCOMPLIANCE.
18:54:36 >>JOSEPH CITRO: PLEASE CONTINUE.
18:54:39 >> THE NEXT CONDITION IS CONDITION NUMBER 4.
18:54:43 WE ARE -- THIS CONDITION APPLIES TO HOURS OF OPERATION.
18:54:46 THE MEDIATED CONDITION AMENDED THE CURRENT APPROVED
18:54:49 HOURS OF OPERATION IN TWO WAYS.
18:54:53 ONE, SUNDAY WAS BROUGHT TO BE THE SAME AS MONDAY
18:54:57 THROUGH THURSDAY TO TREAT IT AS ANY OTHER WEEKDAY, AND
18:55:00 THE ROOFTOP HOURS WERE AMENDED TO BE THE SAME AS THE
18:55:02 INTERIOR HOURS.
18:55:08 SO WHAT -- WHAT THE MEDIATED CONDITIONS PROVIDE, SUNDAY
18:55:11 THROUGH THURSDAY, THE INTERIOR AND ROOFTOP OF THE
18:55:13 RESTAURANT SHALL CLOSE AT 11 P.M. AND FRIDAY AND
18:55:17 SATURDAY, THE INTERIOR AND ROOFTOP OF THE RESTAURANT
18:55:19 SHOULD CLOSE AT MIDNIGHT.
18:55:23 AND I WANT TO POINT OUT -- SO WE WILL MOVE TO CONDITION
18:55:26 NUMBER 5, WHICH IS THE MODIFIED CONDITION, WHICH IS
18:55:29 THERE SHOULD BE NO AMPLIFIED SOUND OF ANY SORT ON THE
18:55:33 ROOFTOP AFTER 10 P.M. THAT IS REGARDLESS OF THE HOURS
18:55:37 OF OPERATION.
18:55:40 >>JOSEPH CITRO: MAY I INTERRUPT YOU FOR ONE SECOND.
18:55:44 LET THE RECORD REFLECT THAT COUNCILMAN VIERA IS HERE.
18:55:46 I WILL ASK YOU THIS QUESTION.
18:55:49 FROM THIS POINT FORWARD, CAN YOU GIVE A -- A DECISION
18:55:52 ON THIS BY THE COMPETENT AND SUBSTANTIAL EVIDENCE THAT
18:55:56 YOU ARE HEARING FROM THIS POINT FORWARD?
18:56:07 >>LUIS VIERA: MR. SHELBY -- YES, BUT GO AHEAD.
18:56:12 >>MARTIN SHELBY: FIRST OF ALL AS MISS JOHNSON-VELEZ
18:56:12 DID STATE.
18:56:17 YOUR DECISION TO ACCEPT, OBJECT OR MODIFY.
18:56:20 IT IS A LEGISLATIVE MATTER AND NOT THE SAME AS LET'S
18:56:23 SAY AN AB HEARING.
18:56:27 BUT THAT BEING SAID, THE QUESTION I GUESS IS,
18:56:29 COUNCILMAN VIERA, HAVE YOU HAD THE OPPORTUNITY TO HEAR
18:56:36 THE ENTIRE PRESENTATION AT THIS POINT AND FROM THE TIME
18:56:39 THAT YOU -- FROM THE TIME OF THE START OF THE HEARING
18:56:41 TO THE TIME YOU CAME IN HERE TODAY.
18:56:44 DO YOU HAVE ANY QUESTION THAT YOU HAVE THE OPPORTUNITY
18:56:46 TO HEAR THE ENTIRE HEARING.
18:56:46 >>LUIS VIERA: YES.
18:56:48 I WILL TELL YOU ALL WHAT HAPPENED.
18:56:51 WHEN WE STARTED I TRIED TO LOG ON.
18:56:54 AND I WAS HAVING CONNECTIVITY PROBLEMS AT PEPIN FOR
18:56:56 SOME DARN REASON.
18:56:58 SO I WAS ABLE TO HEAR AND SEE EVERYTHING.
18:57:01 SO I SAW THAT IT WAS ATTENDED TO DRIVE HERE.
18:57:03 I KEPT IT ON WHILE I DROVE.
18:57:05 I LISTENED TO EVERYTHING AND PROBABLY THE TIME THINK
18:57:08 THAT MISSED WAS 45 SECONDS WHICH IS NOT UNLIKE GOING TO
18:57:10 USE THE REST ROOM.
18:57:14 SO I AM TOTALLY FINE AND I HEARD EVERYTHING THAT MR.
18:57:16 COTTON, THE WHOLE NINE YARDS.
18:57:18 I AM FINE.
18:57:19 >>MARTIN SHELBY: A QUESTION FOR THE PETITIONER.
18:57:23 DO YOU HAVE ANY OBJECTION FOR MR. VIERA PARTICIPATING
18:57:25 BASED ON WHAT YOU HEARD?
18:57:29 >> WE HAVE NO OBJECTION, THANK YOU.
18:57:33 >>JOSEPH CITRO: SORRY FOR THE INTERRUPTION.
18:57:34 PLEASE CONDITION.
18:57:35 >> NO PROBLEM.
18:57:38 AGAIN, REITERATE FOR CONDITION NUMBER 5 THAT RESTRICTS
18:57:44 AMPLIFIED SOUND AFTER 10 P.M. REGARDLESS THE HOUSE OF
18:57:45 OPERATION.
18:57:50 THE ROOFTOP NOISE MUST CEASE AT 10 P.M. CONDITION
18:57:53 NUMBER 6 PROHIBITS DEEJAYS.
18:57:56 THIS CONDITION IS NOT OKAY OBJECTIONABLE TO THE
18:57:57 NEIGHBORS.
18:58:00 CONDITION 7 ADDRESSES LIVE MUSIC AND LIMITS LIVE MUSIC
18:58:05 TO THE INTERIOR WITH ALL DOORS, SLIDING PANELS AND
18:58:06 WINDOWS CLOSED.
18:58:10 TO THE BEST OF OUR KNOWLEDGE, THE NEIGHBORS DO NOT
18:58:11 OBJECT TO THIS CONDITION.
18:58:14 CONDITION NUMBER 8 RELATES TO THE SIDEWALK AREA OF THE
18:58:14 ESTABLISHMENT.
18:58:23 TO THE BEST OF OUR THAT THE NEIGHBOR DO NOT EXIST.
18:58:28 CONDITION NUMBER 19 RELATED TO THE COVER CONDITION.
18:58:32 AND PROPOSED TO MODIFY IT THAT WE BELIEVE THE NEIGHBORS
18:58:35 NOT IN OBJECTION TO THE REVISED -- OR THE MODIFIED
18:58:37 CONDITION NUMBER 9.
18:58:40 AGAIN THAT MODIFICATION REVERTS THE CONDITION TO THE
18:58:47 ALREADY APPROVED PERMIT CONDITION.
18:58:55 CONDITIONS NUMBER 10, 11 AND 12 ARE NEW CONDITION TO BE
18:58:58 IMPOSED THAT WERE ADDED DURING MEDIATION.
18:59:01 CONDITION NUMBER 10 PROVIDES THAT NOISE LIMITING
18:59:09 EQUIPMENT MUST BE APPLIED TO ALL AMPLIFIED NOISE ON THE
18:59:10 ROOFTOP.
18:59:14 THIS CONTINUE INITIALLY HAD A DECIBEL LIMIT.
18:59:17 BUT THE CITY STAFF DID NOT AGREE WITH THAT BECAUSE
18:59:18 ENFORCEMENT IS TRICKY.
18:59:21 WE WANTED TO MAKE SURE THAT ALL CONDITIONS WOULD BE
18:59:21 ENFORCEABLE.
18:59:24 SO TO THE BEST OF OUR KNOWLEDGE, THIS CONDITION IS NOT
18:59:26 OBJECTIONABLE TO THE NEIGHBORS.
18:59:29 THEY ARE JUST CONFUSED BY THE ADDITION OF THIS
18:59:33 CONDITION, BECAUSE THERE IS NO DECIBEL LIMIT.
18:59:37 CONDITION NUMBER 11 INCORPORATES THE CITY'S NOISE
18:59:39 ORDINANCE INTO THE PERMIT CONDITIONS.
18:59:42 THIS MEANS THAT NOISE VIOLATIONS ARE ALSO A VIOLATION
18:59:44 OF THIS SPECIAL USE PERMIT.
18:59:47 THIS PROVIDES THE CITY WITH SIGNIFICANTLY STRICTER
18:59:51 ENFORCEMENT OPTIONS THAN ANY OTHER RESTAURANT, BAR OR
18:59:52 NIGHTCLUB WITHIN THE CITY.
18:59:55 THIS IS ESSENTIALLY BECAUSE THE NOISE ORDINANCE IS A
19:00:00 PERMIT CONDITION AND THE VIOLATION OF WHICH WOULD
19:00:05 RESULT IN A VIOLATION FROM TPD AND TRIGGERING A SECTION
19:00:07 27-318 HEARING.
19:00:10 AGAIN THAT IS AN ENFORCEMENT HEARING BEFORE CITY
19:00:17 COUNCIL WHERE THE COUNCIL MAY SUSPEND OR REVOKE THE
19:00:18 SPECIAL USE PERMIT.
19:00:21 YOU WILL HAVE THE RESPONSIBILITIES OF THIS SPECIAL USE
19:00:21 PERMIT.
19:00:23 NOT JUST TPD.
19:00:27 TO MY KNOWLEDGE, THIS CONDITION IS NOT OBJECTIONABLE TO
19:00:28 NEIGHBORS.
19:00:30 CONDITION NUMBER 12 PROHIBITS THE ESTABLISHMENT FROM
19:00:34 OPERATING AS A BAR OR A LOUNGE OR NIGHT CLUB AS THOSE
19:00:36 TERM ARE DEFINED IN THE CITY'S CODE.
19:00:39 THIS CONDITION IS NOT OBJECTIONABLE TO NEIGHBORS.
19:00:44 WITH THAT, I WOULD LIKE TO HAVE MISS CYNTHIA SPIDEL
19:00:50 SPEAK BRIEFLY OF THE COMPATIBILITY OF THE SURROUNDING
19:00:51 AREA.
19:00:56 >> GOOD AFTERNOON, CYNTHIA SPIDEL, 401 EAST JACKSON
19:00:57 STREET.
19:01:01 STEARNS WEAVER APPEAR AICP CERTIFIED PLANNER WITH 17
19:01:02 YEARS OF EXPERIENCE.
19:01:05 AS CONDITIONED, I CONTINUE TO BELIEVE THAT THE SPECIAL
19:01:08 USE IS CONSISTENT WITH THE APPLICABLE PROVISIONS OF THE
19:01:10 COMP PLAN AND COMPATIBLE WITH THE SURROUNDING
19:01:12 RESIDENTIAL USES.
19:01:15 THERE IS A PLANNING REPORT THAT WE SUBMITTED INTO THE
19:01:17 RECORD IN OCTOBER OF 2021.
19:01:21 I HAVE NOT MADE ANY CHANGES TO THAT PLANNING REPORT.
19:01:24 SO I STILL STAND BY WITH THAT REPORT AS NEW CONDITIONS
19:01:27 ARE MORE ONEROUS THAN WHAT WAS DONE BEFORE.
19:01:32 SO BASICALLY -- SEVERAL COMP PLAN POLICIES OF
19:01:35 RESTAURANT, RETAIL ON FRANKLIN STREET AND IN THE
19:01:37 CENTRAL BUSINESS DISTRICT AND CLEAR FROM THE COMP PLAN
19:01:41 THE LOCATION IS INTENDED TO BE AN AREA OF WHICH IT IS
19:01:43 VERY URBAN IN NATURE WHERE PEOPLE, PLACES AND THINGS
19:01:46 ARE IN CLOSE PROXIMITY TO EACH OTHER.
19:01:50 AND WITH THAT, I AM HAPPY TO ANSWER ANY QUESTIONS.
19:01:52 >>JOSEPH CITRO: COUNCILMAN GUDES.
19:01:55 >>ORLANDO GUDES: MORE OR LESS FOR LEGAL.
19:01:58 CONDITION 9 AND I BELIEVE IT IS 12, HOW IS THAT
19:02:04 ENFORCEABLE?
19:02:07 CONDITION 9 AS IT RELATES TO COVER CHARGE.
19:02:09 HOW DOES THAT -- HOW DOES THAT WORK?
19:02:17 I AM KIND MUCH CONFUSED ON THAT.
19:02:19 AND GUESS NUMBER 12.
19:02:22 I DON'T HAVE THE CODE TO LOOK UP THAT, BUT I AM KIND OF
19:02:24 WONDERING HOW THAT TIES INTO ERIC.
19:02:25 EXPLAIN IT TO ME.
19:02:29 >>ERIC COTTON: ERIC COTTON, I AM NOT THE LEGAL
19:02:29 DEPARTMENT.
19:02:31 >>ORLANDO GUDES: SOMEBODY EXPLAIN IT.
19:02:34 >>ERIC COTTON: CONDITION NUMBER 12, A BAR, LOUNGE AND
19:02:35 NIGHT CLUB.
19:02:38 THEIR PRINCIPAL PURPOSE IS THE SELLING OF ALCOHOLIC
19:02:40 BEVERAGES VERSUS A RESTAURANT WHICH THE PRINCIPAL
19:02:43 BUSINESS SHOULD BE THE SELLING OF FOOD.
19:02:47 SO THAT IS WHERE THE REPORTING COMES IN UNDER 27-319.
19:02:53 THEY HAVE TO REPORT EVERY YEAR OR SO.
19:02:56 EACH YEAR STAFF IN JANUARY SENDS OUT POSTCARD REMINDING
19:02:58 OF A REPORT.
19:03:01 IF APPROVED BY COUNCIL, WOULD GET THAT SAME RESPONSE
19:03:02 THEY HAVE TO REPORT.
19:03:12 THEY PROVIDE FIGURE A OF WHAT THEY SOLD PERCENTAGE-WISE
19:03:15 AND COPY OF THEIR INSURANCE TO SHOW THEY ARE A
19:03:18 RESTAURANT, NOT A BAR, LOUNGE OR NIGHT CLUB.
19:03:22 NUMBER 9 IS HONESTLY GOING TO BE MORE ON THE HONOR
19:03:24 SYSTEM BY THE OPERATOR.
19:03:27 STAFF WON'T -- UNLESS WE HAPPEN TO GO TO THIS
19:03:31 ESTABLISHMENT AND WANT TO CHARGE A COVER CHARGE.
19:03:32 IT WILL BE ON THE HONOR SYSTEM.
19:03:35 THEY ARE SAYING THEY ARE NOT GOING TO DO IT.
19:03:37 TURNS OUT THEY ARE GOING TO DO IT AND EVIDENCE THEY ARE
19:03:39 CHARGING A COVER CHARGE TO GET IN.
19:03:42 WHETHER WE SEE IT ON THE WEB OR SOMETHING LIKE THAT, WE
19:03:45 WILL BRING THEM BEFORE COUNCIL FOR A SUSPENSION OF
19:03:46 REVOCATION.
19:03:49 >>ORLANDO GUDES: I AM JUST WONDERING.
19:03:51 THAT IS WHY I ASKED THAT QUESTION.
19:03:54 UNLESS THAT IS GOING TO HAPPEN, I DON'T SEE HOW THAT IS
19:03:57 ENFORCEABLE MYSELF NUMBER 9.
19:04:01 YOU TALK OF A 51-49.
19:04:06 I MEAN, THAT CAN STILL BE -- I MEAN, IF -- I KNOW THE
19:04:09 BAR INDUSTRY VERY WELL AND THE RESTAURANT INDUSTRY VERY
19:04:11 WELL.
19:04:14 SO THOSE ARE A COUPLE OF CONCERNS I DO HAVE WHEN YOU
19:04:16 ARE TALKING OF ENFORCEABLE.
19:04:19 THAT IS WHY I ASKED YOU HOW ARE YOU GOING TO ENFORCE
19:04:19 THAT.
19:04:22 I THINK IT WILL BE KIND OF HARD TO ENFORCE.
19:04:25 AND OF COURSE 12 AND 9.
19:04:28 >> NUMBER 12, THE REPORTING REQUIREMENT IS TRUE OF ANY
19:04:32 RESTAURANT THAT HAS APPROVAL BY COUNCIL OR BY STAFF
19:04:33 THROUGH AN ADMINISTRATIVE PROCESS.
19:04:34 THEY HAVE TO REPORT.
19:04:38 ONE OF REQUIREMENTS ARE -- FOR THIS ESTABLISHMENT IS A
19:04:39 SPECIAL RESTAURANT.
19:04:42 I BELIEVE THEY ARE GOING TO HAVE A SFS LICENSE FROM THE
19:04:43 STATE.
19:04:45 THEY HAVE TO REPORT TO THE STATE THE SAME NUMBERS THEY
19:04:47 REPORT TO US.
19:04:49 THEY HAVE TO FILE WITH THE STATE EACH YEAR SHOWING
19:04:51 THEIR 51-49 SPLIT.
19:04:53 THAT IS THE DETERMINATION OF WHAT IS CONSIDERED -- WHAT
19:04:56 WOULD BE CONSIDERED A RESTAURANT BASED ON THEIR SALES
19:04:57 PERCENTAGE.
19:04:59 >>JOSEPH CITRO: COUNCILMAN MIRANDA.
19:05:01 >>CHARLIE MIRANDA: THANK YOU MUCH.
19:05:04 I APPRECIATE YOUR EXPLANATION AND QUITE A LITTLE BIT TO
19:05:09 UNDERSTAND; HOWEVER, THE R, DO WE STILL DO AUDITS IN
19:05:12 THE PAST WHERE SOMETIMES BACK IN HISTORY, A LINE OF 20
19:05:15 OR 30 PEOPLE WHO DIDN'T QUALIFY AND MEET THE R
19:05:16 RESTRICTION.
19:05:17 DO WE STILL DO THAT?
19:05:20 >>ERIC COTTON: WE STILL SEND OUT THE LETTER.
19:05:22 THEY CAN STILL BE BROUGHT BEFORE CITY COUNCIL.
19:05:25 THEY STILL HAVE TO REPORT, YES.
19:05:28 >>CHARLIE MIRANDA: I HAVEN'T SEEN ANY IN THE LAST
19:05:30 EIGHT YEARS.
19:05:33 >>ERIC COTTON: DURING COVID-19 IT WAS MORE DIFFICULT.
19:05:37 THE SIX BEFORE THAT WAS DONE WITH A DEPARTMENT I WASN'T
19:05:37 ASSOCIATED WITH.
19:05:40 I DO RECALL BEFORE THAT, WE USED TO BRING PEOPLE BEFORE
19:05:45 COUNCIL ON A REGULAR BASIS AND PUT A FINE.
19:05:48 PEOPLE WOULD RUN OVER AND WE WERE STILL NEXT DOOR TO
19:05:52 PAY THEIR FINE SO THEY WOULDN'T GET SUSPENDED.
19:05:55 WE WILL STILL BRING THEM FORWARD.
19:05:57 >>CHARLIE MIRANDA: STILL DO PHYSICAL AUDITS.
19:06:02 >>ERIC COTTON: NO, WE GO BACK WHAT THEY SAID TO US.
19:06:04 >>CHARLIE MIRANDA: SOMEBODY USED TO GO AND AUDIT?
19:06:06 >>ERIC COTTON: I CAN'T RESPOND TO THAT.
19:06:07 BECAUSE I DON'T KNOW.
19:06:10 >>JOSEPH CITRO: IF I MAY, MR. COTTON, MY OWN PERSONAL
19:06:11 KNOWLEDGE.
19:06:13 MAYBE SOME OF THE PEOPLE WATCHING ON TV OR IN THE
19:06:14 AUDIENCE.
19:06:17 THE 51% OF FOOD.
19:06:21 HOW IS THAT JUSTIFIED?
19:06:24 AND LET ME ASK IT A DIFFERENT WAY.
19:06:28 IS THAT RATED BY THE AMOUNT OF FOOD PURCHASED OR THE
19:06:31 AMOUNT OF FOOD SOLD?
19:06:33 BECAUSE IN -- LET ME GET YOU.
19:06:37 BECAUSE IF IT IS BY PURCHASE, SOME RESTAURANTS AND BARS
19:06:42 GET AWAY WITH HAVING AN OPEN BUFFET AND YOU COME IN AND
19:06:44 -- IT STILL SHOWS THAT THEY ARE PURCHASING ALL THIS
19:06:49 FOOD.
19:06:51 >> AMOUNT SOLD TO THE CONSUMER.
19:06:54 >>CHARLIE MIRANDA: AMOUNT SOLD?
19:06:57 >>JOSEPH CITRO: AMOUNT SOLD, THAT IS WHAT I WAS
19:06:58 LOOKING FOR.
19:07:01 SORRY, ANY OTHER QUESTIONS?
19:07:02 >>BILL CARLSON: MR. CHAIR?
19:07:06 >>JOSEPH CITRO: COUNCILMAN CARLSON.
19:07:09 >>BILL CARLSON: I WONDER IF IT IS OKAY TO ASK A LEGAL
19:07:10 QUESTION.
19:07:14 I KNOW MISS JOHNSON-VELEZ SPOKE.
19:07:18 AND IF EITHER OF THEM WILL TALK ABOUT WHAT WILL HAPPEN
19:07:19 IF WE SAY NO TONIGHT.
19:07:22 WHAT IS THE LEGAL BASIS FOR THE APPLICANT TO SUE THE
19:07:28 CITY AND -- AND HOW WOULD -- HOW WOULD THAT PROCESS GO?
19:07:31 >>SUSAN JOHNSON-VELEZ: SUSAN JOHNSON-VELEZ, LEGAL
19:07:32 DEPARTMENT.
19:07:39 WE ARE -- THIS IS PART OF THE FLUEDRA PROCESS.
19:07:40 PART OF STEP ONE.
19:07:44 WE WENT THROUGH THE MEDIATION PROCESS WHICH WE REFER TO
19:07:45 AS STEP ONE.
19:07:49 WE REACHED A SETTLEMENT AT THE MEDIATION AND NOW BEFORE
19:07:51 COUNCIL FOR CONSIDERATION WHAT YOU DECIDE TO TAKE
19:07:54 ACTION ON, WHETHER YOU DECIDE TO ACCEPT, REJECT OR
19:07:54 MODIFY.
19:07:56 IF YOU REJECT THE APPLICATION FOR THE SETTLEMENT
19:08:00 RECOMMENDATION, THEN IT WILL GO BACK TO THE MAGISTRATE
19:08:05 FOR PART TWO PROCEEDINGS UNDER THE STATUTE.
19:08:08 >>BILL CARLSON: IF COULD YOU TELL US.
19:08:12 IF IT IS NOT APPROPRIATE -- MAYBE JAKE WOULD LIKE TO
19:08:12 WEIGH IN.
19:08:15 WHAT IS THE LEGAL ARGUMENT IF WE SAY NO TONIGHT, WHY IT
19:08:19 MIGHT NOT HOLD UNDER LEGAL SCRUTINY.
19:08:21 WHAT WOULD BE THE RESPONSE FROM THE APPLICANT, WHAT
19:08:22 WOULD THE CASE BE.
19:08:24 >>SUSAN JOHNSON-VELEZ: THIS IS CONSIDERATION OF A
19:08:26 SETTLEMENT PROPOSAL.
19:08:31 IT IS DIFFERENT THAN YOUR GARDEN VARIETY AB PERMIT.
19:08:34 IT IS COMING TO NEW A DIFFERENT POSTURE, IF YOU WILL,
19:08:39 BECAUSE IT IS PART OF THIS STATUTORY PROCEEDING.
19:08:42 >>BILL CARLSON: JAKE STOOD UP.
19:08:43 THANK YOU.
19:08:45 >> JAKE CREMER.
19:08:48 >>BILL CARLSON: DID YOU HAVE ANY COMMENTS ON THAT.
19:08:51 WHAT WOULD HAPPEN -- WHAT -- NOT TO PUT YOU ON THE
19:08:54 SPOT, JUST FOR THE FOLKS IN THE AUDIENCE WHO MAYBE ARE
19:08:55 SPEAKING OUT AGAINST THIS.
19:08:58 WHAT -- WHAT IS THE LIKELY RESPONSE IF WE SAID NO
19:08:59 TONIGHT?
19:09:02 WHAT WOULD KIND OF YOUR ARGUMENT BE?
19:09:05 >> SURE, JAKE CREMER, THANK YOU FOR THE QUESTION,
19:09:06 COUNCILMAN.
19:09:10 AS MISS JOHNSON-VELEZ MENTIONED THE NEXT STEP IF WE ARE
19:09:13 NOT ABLE TO SETTLE TONIGHT IS WE WILL HAVE A HEARING IN
19:09:18 FRONT OF THAT -- AS PART OF THIS FLUEDRA PROCESS.
19:09:21 AND THAT REPORT WOULD POTENTIALLY COME BACK BEFORE YOU
19:09:24 ALL, AGAIN, TO CONSIDER THAT RECOMMENDATION.
19:09:27 NOW IF WE ARE NOT ABLE TO RESOLVE THIS AT THAT HEARING,
19:09:30 THEN POTENTIALLY, YOU KNOW -- OUR HOPE IS THAT WE CAN
19:09:34 RESOLVE THIS, BUT POTENTIALLY THERE WILL BE LITIGATION
19:09:35 AFTERWARDS.
19:09:38 OUR CONCERN IS WE HAD MANY EXPERTS AND -- AT THE LAST
19:09:41 HEARING AND NOT COMPETENT SUBSTANTIAL EVIDENCE
19:09:45 SUPPORTING COUNCIL'S DECISION IN THE LAST HEARING.
19:09:48 FRANKLY, THE OTHER CONCERN WE HAVE IS THAT THERE MAY BE
19:09:51 BERT HARRIS CLAIMS DOWN THE ROAD BECAUSE -- THE REASON
19:09:55 WE NEED RELIEF AND WE NEED TO MODIFY THESE CONDITIONS
19:09:59 IS OUR CLIENT HAS NOT BEEN ABLE TO FIND ANY RESTAURANT
19:10:03 OPERATORS WHO ARE WILLING TO TAKE THE SPACE AND BRING A
19:10:06 CONCEPT INTO THIS BUILDING BECAUSE OF THE CURRENT
19:10:09 RESTRICTIONS ARE SO ONEROUS.
19:10:11 >>BILL CARLSON: YOU FEEL WITH THESE CHANGES, THE --
19:10:16 THE LIST OF AGREEMENTS THAT YOU DIME THAT YOU COULD
19:10:18 FIND A TENANT UNDER THOSE CONDITIONS.
19:10:19 >> YES, SIR, WE DO.
19:10:20 >>BILL CARLSON: OKAY.
19:10:21 THANK YOU.
19:10:30 >> THANK YOU.
19:10:36 >> TO CONCLUDE, RERESPECTFULLY REQUEST COUNCIL APPROVE
19:10:39 THE MEDIATED SETTLEMENT TODAY WITH THE MODIFIED
19:10:41 CONDITIONS WE BROUGHT BEFORE YOU.
19:10:47 AND I DO WANT TO JUST POINT OUT THAT, YOU KNOW, THE
19:10:51 DECISION TODAY, IN MY OPINION, SHOULDN'T BE MADE ON
19:10:53 ASSUMPTIONS OF NONCOMPLIANCE OR ASSUMPTIONS OF
19:10:55 NONENFORCEMENT.
19:10:58 THESE CONDITIONS ARE ACTUALLY STRICTER THAN ANY OTHER
19:11:01 RESTAURANT YOU HAVE IN THE ENTIRE CITY OF TAMPA.
19:11:04 AND IF YOU -- WHEN YOU MAKE DECISIONS AND IMPOSE
19:11:07 CONDITIONS, YOU ALWAYS ASSUME COMPLIANCE AND YOU ASSUME
19:11:11 ENFORCEMENT AND YOU HAVE RECOGNITIONS IN PLACE IF THOSE
19:11:12 ARE NOT OBTAINED OR ACHIEVED.
19:11:13 THANK YOU.
19:11:14 WE ARE AVAILABLE FOR QUESTIONS.
19:11:17 >>JOSEPH CITRO: ANY QUESTION FOR THE PETITIONER?
19:11:18 COUNCILWOMAN HURTAK.
19:11:20 >>LYNN HURTAK: THANK YOU, CHAIR.
19:11:25 I -- IT SOUNDED -- I JUST WANT A CLARIFICATION.
19:11:30 THERE IS NOT A CONCEPT OR A PROVIDER YET FOR THIS
19:11:31 SPACE?
19:11:34 >> NO, WE CAN NOT FIND A CONCEPT OR PROVIDER FOR THIS
19:11:37 SPACE.
19:11:39 >>JOSEPH CITRO: ANY OTHER QUESTIONS?
19:11:40 COUNCILMAN MIRANDA.
19:11:44 >>CHARLIE MIRANDA: ANY PROVIDERS LISTED AT ALL BEFORE?
19:11:46 >> YES, AS YOU RECALL DURING OUR OCTOBER PUBLIC HEARING
19:11:49 BEFORE YOU, WE HAD A POTENTIAL OPERATOR.
19:11:58 THAT OPERATOR HAS NOW WALKED AWAY.
19:11:59 >>CHARLIE MIRANDA: THANK YOU.
19:12:03 >>JOSEPH CITRO: A REASON WHY THE OPERATOR WALKED AWAY.
19:12:08 >> BECAUSE THE CITY APPROVED THE APPEAL AND REVERTED TO
19:12:10 THE ORIGINAL CONDITIONS AND THE OPERATOR COULD NOT WORK
19:12:12 IN THE CONDITIONS.
19:12:15 >>JOSEPH CITRO: DID YOU GET THAT IN WRITING?
19:12:16 >> I DON'T BELIEVE SO.
19:12:18 >>CHARLIE MIRANDA: THE OPERATOR THAT YOU HAD.
19:12:21 NO CONTRACT GIVEN TO THEM?
19:12:22 >> NO, NO --
19:12:24 >>CHARLIE MIRANDA: JUST A CASUAL OPERATION.
19:12:26 >> I WILL HAVE TO CONFIRM WITH MY CLIENT.
19:12:30 I DON'T BELIEVE THEY HAD A WRITTEN AGREEMENT OTHER THAN
19:12:32 E-MAIL EXCHANGES.
19:12:34 >>CHARLIE MIRANDA: SO SIGNED CONTRACT TO YOUR
19:12:34 KNOWLEDGE.
19:12:37 >> TO MY KNOWLEDGE, NO.
19:12:39 >>JOSEPH CITRO: ANY OTHER QUESTIONS.
19:12:45 IS THERE ANYONE IN COUNCIL CHAMBERS WHO WOULD LIKE TO
19:12:49 SPEAK TO THIS.
19:13:04 PLEASE, FORM A LINE TO MY LEFT, YOUR RIGHT.
19:13:07 >>JOSEPH CITRO: IT IS OPEN.
19:13:09 COME UP TO THE PODIUM.
19:13:13 >> LUCIANO PRIETA.
19:13:14 I WAS SWORN IN.
19:13:17 I MOVED IN DECEMBER 1, 1985.
19:13:18 I HAVE BEEN IN THAT NEIGHBORHOOD.
19:13:23 I BUILT A CONDO PROJECT WHICH IS 1108 N. FRANKLIN
19:13:24 STREET.
19:13:27 THE TIME UNDER CONSTRUCTION, THIS BUILDING WAS
19:13:28 REHABBED.
19:13:31 A FLY BAR CAME THERE.
19:13:34 FLY BAR NEVER HAD MUSIC ON THE ROOFTOP.
19:13:35 THEY WERE VERY SUCCESSFUL.
19:13:38 HAD MUSIC INSIDE THE BUILDING AND NEVER MUSIC ON THE
19:13:39 ROOFTOP.
19:13:42 THE ONLY THING THEY HAD -- WHEN THE TOWN HOMES WERE
19:13:46 BUILT ON THE -- JUST NORTH THERE, THEY WOULD PROJECT
19:13:50 THE HOCKEY GAME DOWN ON THE WALL.
19:13:54 AND COULD YOU HEAR.
19:13:58 I CURRENTLY LIVE 705.
19:14:01 ROOF TOP -- THIS IS A RESIDENTIAL NEIGHBORHOOD.
19:14:06 IT'S GOT -- WE GOT UNITS IN ARLINGTON.
19:14:11 MY CONDO -- MY PATIO -- MY BALCONY IS PROBABLY 50 FEET
19:14:15 FROM THE ROOFTOP.
19:14:19 WOULD BE -- ALLOWING MUSIC ON THAT ROOFTOP WILL HAVE
19:14:22 NEGATIVE IMPACT ON THE VALUE OF MY RESIDENCE AND ALL
19:14:25 THE RESIDENCES AROUND THERE AGAIN WHAT IS GOING ON THE
19:14:27 900 BLOCK.
19:14:29 TAKE THE EVIDENCE 6900.
19:14:32 TAKE THE EVIDENCE WHAT IS GOING ON WITH THE 900 BLOCK,
19:14:34 THE SAME THING HAPPENED.
19:14:40 THIS OWN HER THIS SITUATION BEFORE SPONSORSHIP JUST --
19:14:44 I JUST WANT TO SAY THAT FLY BAR WAS VERY SUCCESSFUL.
19:14:45 DID A GREAT JOB.
19:14:49 AND THEY NEVER HAD MUSIC ON THE ROOFTOP.
19:14:52 I DID MEET WITH THE -- WITH THE PROPOSED PERSON THAT
19:14:55 WAS -- THAT WAS GOING TO TAKE THIS PLACE OVER.
19:15:00 AND HIS COMMENT, AND I CAN PROVIDE IT A TEXT TO ME THAT
19:15:04 MUSIC ON THE ROOFTOP.
19:15:07 HE WENT ON THE ROOFTOP ONE DAY, AND I MET HIM THERE.
19:15:11 HE SAID MUSIC IS IMPOSSIBLE.
19:15:13 1,000% IMPOSSIBLE.
19:15:14 IT IS.
19:15:21 IMPACTS THE RESIDENTS IN A -- ARLINGTON.
19:15:22 AN ELDER BUILDING.
19:15:26 IT WAS BUILT USING THE -- MIAMI-DADE SPEC S AFTER
19:15:27 HURRICANE ANDREW.
19:15:32 SO THERE IS A LITTLE MORE SOUND PROTECTION.
19:15:36 BUT ANYWAY, THAT'S WHAT I HAVE TO SAY.
19:15:38 YOU KNOW, IT'S IMPOSSIBLE.
19:15:41 THANKS.
19:15:42 >>JOSEPH CITRO: THANK YOU.
19:15:44 MR. FRIETA.
19:15:46 >>LYNN HURTAK: I HAVE A QUICK QUESTION JUST FOR
19:15:47 CLARIFICATION.
19:15:51 CAN YOU EXPLAIN WHAT THE ISSUES ON 900 BLOCK MEAN?
19:15:53 >> YOU GOT EDEN.
19:15:55 OUT SHOOTINGS THERE.
19:15:59 YOU HAVE BELLO WHO WAS SUPPOSED TO BE CLOSED AT 11:00.
19:16:02 OPEN PAST 11:00 PLUS MUSIC GOING ON.
19:16:05 THEY DON'T FOLLOW THE RULES.
19:16:08 MR. MIRANDA TALKED ABOUT AUDITING.
19:16:11 THEY DON'T AUDIT 5149 ANYMORE.
19:16:13 THEY USED TO AUDIT.
19:16:17 I WAS DIRECTOR OF THE AUDIT WAY BACK IN THE '80S.
19:16:20 COUNCILMAN MIRANDA, I THINK YOU WERE AROUND AT THAT
19:16:20 TIME.
19:16:24 BUT SO -- 5149, IT IS A FORM THEY FILL OUT.
19:16:25 AND SUBMIT.
19:16:29 AND THERE IS NO -- NOBODY EVER GOES TO AUDIT AND
19:16:33 DETERMINE WHETHER THEY SOLD 51% FOOD FOR NOT.
19:16:35 >>LYNN HURTAK: THANK YOU.
19:16:39 >> I CAN -- I AM A CPA AND I REPRESENT RESTAURANTS AND
19:16:43 OVER -- AND I HAVE BEEN DOING IT FOR 50 YEARS.
19:16:45 JUNE 12, I WOULD HAVE BEEN DOING IT 50 YEARS.
19:16:48 AND THERE WAS -- I WENT THROUGH EXAMINATIONS ON THE
19:16:55 51-49 FILINGS IN THE PAST BUT THAT HAS GONE AWAY.
19:16:56 >>JOSEPH CITRO: THANK YOU.
19:17:00 NEXT.
19:17:04 >> MY NAME IS JAMES DEMORROW.
19:17:10 108 N. FRANKLIN STREET UNIT 486.
19:17:13 I WOULD LIKE TO RESPECTFULLY ASK THE COUNCIL TO USE
19:17:15 THEIR OPTION TO REJECT THE MEDIATION REPORT.
19:17:20 I FEEL IT WAS FAULTY IN THE SENSE THAT THERE WERE
19:17:24 MEMBERS OF THE COMMUNITY PRESENT, BUT THEY WERE NOT
19:17:27 ALLOWED TO PARTICIPATE BY SPEAKING IN ANY WAY.
19:17:33 THE LETTER THAT WE RECEIVED CONCERNING THE OUTCOME OF
19:17:36 THE MEDIATION WAS CONFUSING.
19:17:39 THE BLUE AND THE WRITING AND THE RED IN WRITING, BUT
19:17:41 WHAT I WAS ABLE TO GATHER.
19:17:44 AND I AM NOT A LAWYER.
19:17:49 THE SPECIAL EVENTS IS NOW BEING ALLOWED, WHICH WOULD
19:17:52 TAKE DIFFERENT HOURS OF CLOSING.
19:17:57 AND IT WOULD BE TICKETED ITEMS -- PEOPLE COULD PAY
19:17:59 TICKETS FOR THE SPECIAL EVENTS.
19:18:01 THERE COULD BE CROWDS OF PEOPLE.
19:18:05 LAST TIME WHEN WE HAD MOLE OPEN AND THEY HAD SPECIAL
19:18:09 EVENTS, 300 PEOPLE SHOWED UP THAT PAID TICKETS.
19:18:14 AND THEY WERE STANDING OUTSIDE AND MELEES, PEOPLE IN
19:18:15 LINE MAKING A LOT OF NOISE.
19:18:19 NO SECURITY WATCHING OVER THE -- THE NEIGHBORHOOD.
19:18:24 I WOULD LIKE TO JUST POINT OUT THAT THE RENTAL -- IF
19:18:29 THE -- IF MOLE IS ALLOWED TO HAVE SPECIAL EVENTS, THEY
19:18:32 SHOULD BE RESTRICTED TO THE SAME RESTRICTIONS THAT MOLE
19:18:33 HAS.
19:18:37 THEY SHOULDN'T BE ALLOWED HAVE SPECIAL HOURS.
19:18:39 WE -- I AGREE WITH LOU.
19:18:41 I BELIEVE THAT NOBODY IN THE NEIGHBORHOOD WHO WANTS TO
19:18:44 HAVE AMPLIFIED MUSIC ON THE ROOFTOP.
19:18:47 WE HAVE BEEN SAYING THAT FROM THE GET-GO.
19:18:53 THE 51% -- IS THAT 51% OF FOOD SERVED ALL THE DAY OR
19:18:58 LIKE CAN THEY DO LIKE 99% ALCOHOL AT NIGHT AND BALANCE
19:19:03 IT WITH 90% OF FOOD DURING THE DAY?
19:19:06 SO IS IT GOING TO TURN INTO A NIGHT CLUB AFTER -- AFTER
19:19:09 THEY HAVE DONE THEIR 51% OF THE FOOD?
19:19:14 THE OTHER THING IS, THIS IS A CENTRAL BUSINESS
19:19:16 DISTRICT.
19:19:19 BUT THERE ARE 1200 PEOPLE LIVING WITHIN A QUARTER MILE
19:19:22 OF THIS RESTAURANT.
19:19:25 AND I THINK THAT SHOULD BE RESPECTFULLY CONSIDERED BY
19:19:25 THE COUNCIL.
19:19:29 I APPRECIATE YEA 1998 YOUR FORMER STANCE ON THIS AND
19:19:32 ASK TO YOU GO AHEAD AND DO THE SAME THING IF YOU COULD.
19:19:34 THANK YOU VERY MUCH.
19:19:39 >>JOSEPH CITRO: THANK YOU.
19:19:40 >> GOOD.
19:19:41 MY NAME IS SAM SMITH.
19:19:43 1108 NORTH FRANKLIN.
19:19:46 WHILE I APPRECIATE SOME OF THE CHANGES THAT HAVE BEEN
19:19:49 OFFERED THAT WE DIDN'T KNOW ABOUT, SO I WILL CHANGE MY
19:19:50 SPEECH A LITTLE.
19:19:53 IN SOME OF THOSE ARE CERTAINLY VERY HELPFUL.
19:19:57 THERE WAS, IN FACT, A MAGISTRATE-LED MEDIATION THAT WE
19:20:01 WERE INVITED TO AND, AGAIN, WE WERE SIMPLY AN AUDIENCE.
19:20:05 WE WERE NOT ABLE TO PARTICIPATE, WHICH I THINK IS
19:20:09 IMPORTANT IN THAT.
19:20:13 WE LIVE NEXT DOOR ON MOLE IN FRANKLIN.
19:20:16 OUR BALCONY FACING FRANKLIN AND ROYAL.
19:20:21 WE BOUGHT OUR CONDO BECAUSE IT WE LOVE THE FEEL OF THE
19:20:23 NEIGHBORHOOD AND CLOSER TO DOWNTOWN AND EVERYTHING IT
19:20:26 HAS TO OFFER.
19:20:28 WE LOVED FLY BAR.
19:20:30 AND ALLOWED THE OWNER TO CONSISTENTLY BREAK THE RULES
19:20:35 AS HAS HAPPENED DOWN THE STREET IN THE 900 BLOCK AS MR.
19:20:36 LOU SAID.
19:20:39 TO GO SPECIFICALLY SOME OF THE THING THEY TALKED ABOUT,
19:20:41 NOBODY THAT INTENDS TO OPERATE A NICE NEIGHBORHOOD
19:20:45 RESTAURANT NEEDS TO OPEN PAST 10 ON WEEKDAYS AND 11:00
19:20:47 AT WEEKEND.
19:20:51 TAKE AN HOUR BEFORE THE LAST PERSON SERVED TO BE CLOSED
19:20:51 MAKING IT 1 A.M.
19:20:57 GOING WITH THE 51-49.
19:21:02 OPEN FOR LUNCH, BETWEEN 10 AND MIDNIGHT THAT IS SERVING
19:21:04 MOSTLY DRINK AND THAT WILL, AGAIN, EFFECT THE
19:21:05 NEIGHBORHOOD.
19:21:07 OBVIOUSLY THE COVER HAS BEEN ADDRESSED.
19:21:09 CERTAINLY NO REASON TO HAVE A COVER CHARGE EVEN WITH
19:21:13 ANY EXCEPTIONS OF THIRD-PARTY OPERATORS OR UFC FIGHTS.
19:21:17 UFC FIGHTS DON'T START UNTIL MIDNIGHT BECAUSE STARTING
19:21:19 HALF THE TIME IN LAS VEGAS.
19:21:24 YOU KNOW, REGARDING AMPLIFIED MUSIC.
19:21:27 I APPRECIATE THEY SAY NO DEEJAYS.
19:21:30 BUT IT WAS AWFUL WHEN WE WERE LIVING THERE DURING THAT
19:21:31 TIME.
19:21:35 MY WIFE, WHO IS A PHYSICIAN AT USF -- AND NEEDS TO BE
19:21:39 ABLE TO REST TO ADEQUATELY CARE FOR HER PATIENTS.
19:21:42 A ROUGH COUPLE OF YEARS FOR HEALTH CARE PROVIDERS.
19:21:44 ROUGH FOR ALL OF US.
19:21:48 SHE HAD TO SLEEP IN AN INTERIOR BATHROOM ON AN
19:21:51 INFLATABLE MATTRESS BECAUSE IT WAS JUST TOO LOUD.
19:21:54 YES, THEIR PROMISES NOW TO SHUT THE DOORS.
19:21:57 WHEN IT IS THUMPING IN THERE, EVEN WITH THE DOORS SHUT,
19:21:59 IT VIBRATES OUR BUILDING.
19:22:02 I CAN IMAGINE ARLINGTON IS PROBABLY WORSE, BECAUSE IT
19:22:04 IS ON OLDER BUILDING.
19:22:06 WE HAVE HURRICANE WINDOWS BUT YOU STILL FEEL THE BASE.
19:22:10 YOU MAY NOT FEEL IT SO MUCH AND GO OUT ON OUR OWN
19:22:13 BALCONY AND ENJOY OUR OWN HOMES SOMETIMES.
19:22:16 DOES THAT MEAN -- ALL RIGHT.
19:22:18 WE ARE HAPPY TO HAVE A RESTAURANT.
19:22:18 WE LOVE FLY BAR.
19:22:22 WE LOVE GOING TO THE STRAZ AND HAVING A DRINK BEFORE,
19:22:26 BUT WE NEED IT TO OPERATE, NOW REMEMBER LIKE A
19:22:27 NEIGHBOR.
19:22:30 SO WHETHER THERE ARE CHANGES, YOU KNOW, I HOPE THAT YOU
19:22:33 WILL REJECT IT OR AT LEAST CAUSE THERE TO BE SOME
19:22:35 CHANGES IN THIS TO MAKE THEM GOOD NEIGHBORS.
19:22:36 THANK YOU VERY MUCH.
19:22:42 >>JOSEPH CITRO: THANK YOU.
19:22:44 >> GOOD EVENING, COUNCILMEMBERS.
19:22:46 MY NAME IS JENNIFER JONES.
19:22:50 I LIVED IN THE ARLINGTON AND I LIVED THERE NINE YEARS
19:22:52 ACROSS THE STREET FROM THIS ESTABLISHMENT.
19:22:56 MY BEDROOM WINDOWS ARE AS CLOSE AS YOU POSSIBLY CAN BE
19:22:58 IN OUR BUILDING TO THIS ESTABLISHMENT.
19:23:00 I REPRESENT THE HOMEOWNERS ASSOCIATION OF THE
19:23:01 ARLINGTON.
19:23:05 WE HAVE ABOUT 21 UNIT AND 20 RESIDENTS THAT LIVE IN OUR
19:23:07 BUILDING.
19:23:11 I PERSONALLY WITNESSED WHAT HAPPENED WHEN IT WAS OPEN.
19:23:14 IT WAS A NIGHTMARE.
19:23:16 THINGS HAPPENED WERE -- FOR INSTANCE, THEY USED AN AIR
19:23:20 HORN ON THE ROOF, WHICH YOU CAN IMAGINE HOW LOUD THAT
19:23:22 WAS OVER THE LOUDSPEAKER.
19:23:24 THE CROWDS THEY GENERATED.
19:23:25 THE NOISE, THE YELLING.
19:23:28 THE GASPARILLA-STYLE TRASH.
19:23:30 THE TRESPASSING ON OUR PROPERTIES.
19:23:34 FIGHT FROM THE CROWD THAT WOULD ERUPT AS EXITING THE
19:23:35 PREMISES.
19:23:38 WE HAVE VIDEO EVIDENCE OF PEOPLE BEING HIT BY CARS IN
19:23:39 THE PARKING LOT.
19:23:41 FIGHTS BREAKING OUT IN THE PARKING LOT.
19:23:43 THIS WAS BEDLAM.
19:23:46 THE PROBLEM IS THE SAME APPLICANT OWNS BELO DOWN THE
19:23:48 STREET IN THE 900 BLOCK OF FRANKLIN.
19:23:50 SO WE HAVE SEEN THE OPERATIONS THAT ARE HAPPENING ON
19:23:51 THAT BLOCK AS WELL.
19:23:56 AND THAT IS EXACTLY WHAT WE WANT TO TRY TO AVOID COMING
19:23:57 DOWN TO OUR END OF THE NEIGHBORHOOD.
19:24:01 SPECIFICALLY WHAT I AM REFERENCING ARE THE FIGHT AND
19:24:02 THE GUN VIOLENCE.
19:24:05 WITHIN ABOUT A SIX-MONTH PERIOD THREE SEPARATE
19:24:08 INCIDENTS OF GUNSHOTS ON THAT 900 BLOCK OF FRANKLIN.
19:24:12 I HAD THE PRIVILEGE OF PERSONALLY WITNESSING TWO OF
19:24:13 THEM.
19:24:15 BOTH TIMES OUT WALKING MY DOG.
19:24:16 REASONABLE TIMES OF NIGHT.
19:24:18 NOT SUPER LATE.
19:24:19 NOT EVEN WEEKENDS.
19:24:21 ONE TIME WE HIT THE GROUND.
19:24:23 I HAD TO CALL 911 WITH MY DOG.
19:24:26 FIVE MORE SHOTS AS I AM COWERING ON THE GROUND FROM
19:24:28 THIS BLACK BECAUSE THESE PEOPLE HAVE SPILLED OUT INTO
19:24:30 THE STREET WITH THEIR FIGHTS.
19:24:33 THE SECOND ONE LUCKILY I WAS A FURTHER AWAY, COUPLE OF
19:24:34 BLOCKS AWAY.
19:24:37 I SAID, THIS CAN'T BE HAPPENING AGAIN.
19:24:40 I CAN'T BE HEARING WHEN I AM WALKING MY DOG GUNSHOTS
19:24:42 FROM THREE BLOCKS.
19:24:43 SOMEONE DIED.
19:24:44 ANOTHER MAN WAS SHOT.
19:24:48 AND APPARENTLY THE GENTLEMAN DOING THE SHOOTING WAS THE
19:24:52 NEWS REPORT THEIR HE WAS ATTACKED BY THREE GENTLEMEN,
19:24:53 INCLUDING WITH A KNIFE.
19:24:55 THAT IS HAPPENING AT BELLO, THE OTHER ESTABLISHMENT
19:24:57 OWNED THINK ABOUT APPLICANT.
19:25:00 THAT IS WHAT WE DON'T WANT TO HAVE HAPPEN ON OUR --
19:25:03 RIGHT HERE ON OUR RESIDENCES WITH BOTH THE RESIDENCES
19:25:08 AND THEN THE TOWN HOMES AND ARLINGTON, ALL OF THESE
19:25:09 PEOPLE SURROUNDING THIS BUILDING.
19:25:12 OUR MAIN OBJECTION RIGHT NOW ARE THE HOURS AND THE
19:25:14 ROOFTOP OPERATION.
19:25:17 AGAIN, WHAT WE WOULD LIKE TO TRY TO DO IS PREVENT THIS
19:25:20 ESTABLISHMENT FROM OPERATING LIKE A NIGHT CLUB.
19:25:23 AND I DON'T USE THAT IN THE SENSE THAT IT IS DEFINED IN
19:25:26 THE CODE NECESSARILY, BUT WHEN I SAY NIGHT CLUB
19:25:28 OPERATIONS, I THINK YOU UNDERSTAND WHAT I AM SAYING.
19:25:32 WE CAN NOT HAVE AMPLIFIED SOUND ON THAT ROOFTOP.
19:25:36 IT IS TOO LOUD AND TOO CLOSE TO ALL OF OUR BEDROOMS.
19:25:37 THAT JUST WON'T WORK.
19:25:41 AND THERE IS NO UPPER NOISE LIMIT ON THE DECIBEL --
19:25:47 LIMITING THE DECIBELS AND THIS IS A CONDITION THAT
19:25:47 CAN'T BE ENFORCED.
19:25:51 I URGE IT THIS COUNCIL TO OBJECT OR IMPOSE ADDITIONAL
19:25:53 MODIFICATIONS.
19:25:57 >>JOSEPH CITRO: THANK YOU.
19:25:58 >> GOOD EVENING, COUNCIL.
19:26:01 KATHY FORSTOFER.
19:26:06 I REPRESENT THE DOWNTOWN RESIDENCE ASSOCIATION.
19:26:10 WE HAVE HEARD THEIR COMPLAINTS, AND WE STAND BEHIND ALL
19:26:14 OF THEIR ISSUES WHEN IT COMES TO THESE PROVISIONS AND
19:26:16 SOME OF THEM WE JUST HEARD TONIGHT FOR THE FIRST TIME.
19:26:18 I DID AT LEAST.
19:26:23 I QUESTION HOW WE ARE GOING TO ENFORCE THE DECIBEL
19:26:26 LEVEL, THE TOWERS AT CHANNELSIDE.
19:26:32 THAT WAS A BIG ISSUE FOR THEM.
19:26:33 THEY HAD PEOPLE HOLDING DEVICES.
19:26:37 THEY PUSHED FOR THAT WHOLE THING TO BE -- AS FAR AS
19:26:41 WHAT THEY HAD TO GO THROUGH STILL HAVE POSSIBLY.
19:26:44 YEAH, I -- I THINK THAT IS -- THAT IS PROBABLY THE
19:26:47 BIGGEST THING IS, OF COURSE, JUST HAVING THAT ROOF TOP
19:26:51 AND THE POOR RESIDENTS THAT ARE SO CLOSE BY AND HAVE
19:26:54 THE BALCONIES THEY HAVE TO ENJOY AS PART OF THEIR
19:26:55 PROPERTY.
19:26:59 AND YOU KNOW, IF THERE IS ANY NOISE AT ANY TIME OF
19:27:02 NIGHT, THEY CAN'T BE OUT THERE AND SLEEPING AND OTHER
19:27:05 -- IT IS JUST A QUALITY-OF-LIFE ISSUE.
19:27:08 THAT'S WHERE I STAND.
19:27:10 WITH DOWNTOWN RESIDENTS DO.
19:27:12 THANK YOU.
19:27:19 >>JOSEPH CITRO: THANK YOU.
19:27:24 >> GOOD EVENING, FERNANDO PEREZ, 1212 NORTH FRANKLIN
19:27:31 STREET NEXT TO MOLE Y ABUELA, MY BEDROOM IS 60 FEET FROM
19:27:32 THEIR ROOFTOP.
19:27:36 BEFORE I GET INTO MY COMMENTS, I WANT TO SAY SOME OF
19:27:39 THE COMMENTS MADE BY MISS IZERMAN ARE NOT ACCURATE AND
19:27:43 AFTER I FINISH MY COMMENTS, I WILL ASK ABOUT WHAT
19:27:45 HAPPENED TO THE PREVIOUS PERSON WHO WAS OPERATING
19:27:45 THERE.
19:27:49 AT THE LAST HEARING, YOU RECOGNIZED THAT THE LICENSE
19:27:51 APPROVED BY THE CITY DID NOT PROTECT THE RESIDENTS
19:27:56 STAND NOT PREVENT MIA TAMPA FROM TURNING IT INTO A
19:27:58 NIGHT CLUB LED TO THE REMEDIATION AND RECOMMENDATIONS
19:27:59 BEFORE YOU.
19:28:03 WE ASK NEW THE STRONGEST POSSIBLE WAY.
19:28:06 IF YOU APPROVE THEM MIA TAMPA AND THEIR OWNER WILL HAVE
19:28:09 EXACTLY WHAT THEY WANTED.
19:28:11 THE ABILITY TO OPEN LATER.
19:28:14 THE ABILITY TO CHARGE A COVER CHARGE AND ABILITY TO
19:28:16 PLAY MUSIC ON THE ROOF.
19:28:19 ALL THAT HE NEEDS TO TURN THIS INTO A NIGHT CLUB.
19:28:22 THE MEDIATION PROCESS WAS DUBIOUS.
19:28:25 I WAS THERE AT THE MEDIATION HEARING.
19:28:28 NUMEROUS TIMES THE MAGISTRATE TOLD US TO AND SAID WHILE
19:28:32 WE CAN MAKE COMMENT, NONE OF OUR COMMENTS MATTERED.
19:28:33 I THOUGHT PRESIDENT PETITIONER IN THE PETITION THAT
19:28:35 CAME BEFORE THAT YOU THE WHOLE PURPOSE OF THAT
19:28:40 MEDIATION WAS TO LOOK AFTER OUR INTERESTS.
19:28:42 THE SECOND I THINK THAT WAS CONCERNING THAT SEVERAL
19:28:45 TIMES DURING THE HEARING, EVERYBODY ACCEPT THE
19:28:48 RESIDENTS EXITED THE MEDIATION ROOM SO THEY COULD SPEAK
19:28:50 OUTSIDE WHERE WE COULD HEAR IT.
19:28:53 FOR SOME -- I DON'T KNOW IF THAT IS THE WAY THESE
19:28:57 MEDIATION HEARINGS GO, BUT THAT JUST DIDN'T SEEM RIGHT
19:28:57 TO ME.
19:29:01 WHEN THEY ENDED THE FIRST HEARING, THEY SAID THEY WOULD
19:29:03 RECONVENE AND WE WOULD BE TOLD.
19:29:05 YES, WE WERE TOLD.
19:29:09 MIDDLE OF THE AFTERNOON THE DAY BEFORE THE HEARING
19:29:12 WHICH SEEMED TO ME AN ATTEMPT TO LIMIT THE NUMBER OF
19:29:13 RESIDENTS WHO WOULD APPEAR.
19:29:16 CONTRARY TO THE RECOMMENDATIONS TELL YOU NO RESIDENTS
19:29:19 OR NOBODY IN THAT AREA THAT IS IN FAVOR OF THESE
19:29:19 RECOMMENDATIONS.
19:29:22 SO YOU CAN IMAGINE OUR DISAPPOINTMENT, BUT NOT OUR
19:29:25 SURPRISE, WHEN THESE RECOMMENDATIONS GAVE MIA TAMPA
19:29:27 EXACTLY WHAT THEY WANTED.
19:29:30 EVEN AFTER THE CITY REPRESENTATIVE ADMITTED IT THAT IT
19:29:32 WILL BE DIFFICULT TO ENFORCE ANY KIND OF NOISE
19:29:36 VIOLATION, THEY STILL APPROVED THE ABILITY FOR
19:29:38 AMPLIFIED SOUND.
19:29:41 DON'T BE CONFUSED BY THE NOISE METER.
19:29:43 SMOKE AND MIRRORS.
19:29:45 NO WAY TO MONITOR THAT.
19:29:47 THEY COULDN'T ANSWER THOSE QUESTIONS AT THE MEDIATION
19:29:48 HEARING.
19:29:50 WHO IS RESPONSIBLE FOR POLICING THAT, THE OWN HER IN
19:29:53 HOW EASY IT IS TO BYPASS IT.
19:29:54 YOU NO THEY ESTABLISHMENT.
19:29:58 YOU SHUT HIS OPERATIONS AROUND IN FRANKLIN MANOR.
19:30:03 YOU SHUT HIM DOWN IN MOLE AND ABUELA.
19:30:07 BELLO IGNORES NOISE COMPLAINTS.
19:30:09 TWO SHOOTINGS WITH ITS PATRONS.
19:30:11 STAYS OPEN BEYOND THE TIME.
19:30:14 HOW MANY TIMES WILL THIS PERSON GET A CHANCE TO, YOU
19:30:15 KNOW, TO DO THIS.
19:30:21 SO WE URGE NEW THE STRONGEST POSSIBLE WAY TOLL REALIZE
19:30:22 THAT THE LAW IS NOT GOING TO BE FOLLOWED.
19:30:24 YOU ARE OUR ONLY HOPE.
19:30:25 THANK YOU.
19:30:33 >>JOSEPH CITRO: THANK YOU.
19:30:37 >> I AM DEBBIE PEREZ, AND I LIVE 1212 N. FRANKLIN
19:30:43 STREET AND MY BEDROOM WINDOW IS 60 FEET FROM
19:30:47 MOLE ABUELA'S ROOF TOP.
19:30:52 DO YOU KNOW WHAT IT IS LIKE TO BE WAKEN UP BY THE
19:30:53 POUNDING.
19:30:55 THE POLICE COME AND STAY FOR A MINUTE AND LEAVE.
19:30:57 THE POUNDING START ALL OVER AGAIN.
19:30:59 TRY FALL BACK ASLEEP.
19:31:00 THAT IS NOT GOING TO HAPPEN.
19:31:03 I JUST LAY THERE WISHING IT WOULD JUST STOP AND GO BACK
19:31:10 TO THE WAY IT WAS BEFORE MR. DON NE OPIOIDS HIS NIGHT
19:31:10 CLUB.
19:31:15 I REALIZED THEY ARE SCREAMING BELOW MY BEDROOM WINDOWS.
19:31:20 CAR HORNS ARE BLARING, ENGINES ARE REVVING AND CAR
19:31:21 HORNS ARE BLASTING.
19:31:25 I THINK OF GETTING DRESSED, WALKING NEXT DOOR AND SAY
19:31:27 CAN YOU TURN DOWN, BE A LITTLE QUIET.
19:31:29 I REMEMBER THE STREET FIGHTS.
19:31:31 PEOPLE GETTING RUN OVER.
19:31:33 THE DRUNKEN CROWDS.
19:31:37 THE DRUGS BEING CONSUMED ON MY FRONT PORCH.
19:31:38 I AM TOO SCARED.
19:31:45 NOW PICTURE THIS GOING ON EVERY SINGLE NIGHT UNTIL 3:00
19:31:49 AND 4:00 IN THE MORNING AND SOMETIMES 5:00.
19:31:53 THIS WILL RETURN, IF YOU LET THIS IRRESPONSIBLE NIGHT
19:31:58 CLUB OWNER PLAY AMPLIFIED MUSIC ON THE ROOF, ALLOW HIM
19:32:00 COVER CHARGES AND SAY OPEN LATER.
19:32:03 WHEN I MOVED HERE 14 YEARS AGO, THIS WAS A QUIET
19:32:04 NEIGHBORHOOD.
19:32:09 WE HAD A QUIET LOCAL RESTAURANT NEXT DOOR AT 1202 N.
19:32:11 FRANKLIN STREET.
19:32:13 WE NEVER HAD A PROBLEM WITH THEM.
19:32:16 I FELT SAFE TO GO OUTSIDE.
19:32:22 AND THAT ALL ENDED WHEN MOLEABUELA OWNED THEIR DOORS.
19:32:26 AT FIRST JUST LOUD MUSIC, BUT WHEN CALLED, THEY WOULD
19:32:27 TURN IT DOWN.
19:32:31 AFTER A COUPLE OF MONTHS, THEY STARTED IGNORE OUR
19:32:31 CALLS.
19:32:36 I WOULD HAVE TO GET UP, GET DRESSED AND GO NEXT DOORS
19:32:39 AND TOLD THEM TO TURN THE MUSIC DOWN.
19:32:41 THAT LASTED ABOUT A MONTH AND THEY IGNORED.
19:32:45 MAY 2020, THE MOST EXHAUSTING AND HELPLESS TIME IN MY
19:32:47 LIFE.
19:32:51 I HAVE NEVER BEEN OFFICIALLY DIAGNOSED PTSD, BUT
19:32:54 DOESN'T TAKE A DOCTOR TO SPOT SOMEONE WHO HAS
19:32:58 EXPERIENCED A TERRIFYING TRAUMA.
19:33:02 IT HAS TAKEN EVERY MORSEL OF MY BEING TO BE HERE
19:33:05 TONIGHT, TO SPEAK TO YOU.
19:33:09 IT HAS CAUSED ME TO HAVE TO -- FACE MY FEARS, MY WORST
19:33:14 FEARS AND THE POSSIBILITY OF RELIVING THOSE EXPERIENCES
19:33:14 AGAIN.
19:33:20 EVEN NOW WHEN I AM ASLEEP, IF I HEAR A LOUD NOISE, I
19:33:24 WAKE UP AND IN SHEER PANIC.
19:33:28 THIS IS NO WAY TO LIVE.
19:33:33 I HAVE BEEN SEVERELY AFFECTED BY THE BLATANT DISREGARD
19:33:36 THIS OWNER HAS FOR ME, MY HUSBAND, AND THE HUNDREDS OF
19:33:40 RESIDENTS THAT LIVE DIRECTLY NEXT TO 1202 FRANKLIN
19:33:41 STREET, SOME 25 FEET AWAY.
19:33:45 IT IS OUR LEGAL RIGHT TO LIVE PEACEFULLY IN OUR HOMES.
19:33:52 HOW WOULD YOU HAVE FELT LIVING THIS NIGHTLY HELL THAT
19:33:57 LEFT YOU EXHAUSTED, EMOTIONAL, FEARFUL, DEPRESSED AND
19:33:58 ANXIOUS.
19:34:01 A NIGHTMARE THAT WILL RETURN IF YOU LET THIS OWNER PLAY
19:34:05 -- CAN I FINISH, I ONLY HAVE A COUPLE MORE SECONDS.
19:34:10 OWNER AMPLIFIED SOUND AND MUSIC ON THE ROOF STAY OPEN
19:34:12 LATER AND CHARGE COVER CHARGES.
19:34:14 THINGS THAT HAVE NOTHING TO DO WITH A RESTAURANT AND
19:34:17 EVERYTHING TO DO WITH A NIGHT CLUB.
19:34:19 OUR FATE IS IN YOUR HANDS.
19:34:21 PLEASE DON'T LET US BE TERRORIZED AGAIN.
19:34:22 THANK YOU.
19:34:27 >>JOSEPH CITRO: THANK YOU.
19:34:29 >> GOOD EVENING, EVERYBODY.
19:34:31 VICTOR GERDANO.
19:34:35 MY WIFE 1108 N. FRANKLIN STREET, THE RESIDENTS OF
19:34:37 FRANKLIN STREET.
19:34:39 WE LIVE THERE FOR ABOUT TEN YEARS.
19:34:42 OUR FRONT DOOR IS APPROXIMATELY 25 FEET AWAY FROM
19:34:45 MOLE ABUELA.
19:34:48 I WON'T REPEATS WHAT EVERYBODY ELSE HAS SAID.
19:34:50 I WAS THERE FOR THE FIRST MEDIATION.
19:34:54 AND MR. DAHMER'S CONCERN FOR THE FIRST MEDIATION IS
19:34:58 THAT HE COULD NOT FIND AN OPERATOR TO OPERATE HIS
19:35:00 RESTAURANT REST WITH THE RESTRICTIONS THAT YOU GUYS
19:35:00 IMPOSED.
19:35:03 I WOULD LIKE TO BRING IT TO YOUR ATTENTION WHY HE IS
19:35:04 WRONG.
19:35:05 YOU HAVE.
19:35:09 RIGHT OFF THE BACK EPICURAN ROOFTOP.
19:35:11 NO AMPLIFIED MUSIC.
19:35:13 IT HAS BEEN AROUND FOREVER.
19:35:15 BULAH.
19:35:15 HOWARD.
19:35:16 A RESIDENTIAL AREA.
19:35:18 ROOFTOP.
19:35:20 NO AMPLIFIED MUSIC.
19:35:23 THEY HAVE REASON IS VERY, VERY SUCCESSFUL.
19:35:30 T AMPANO, INSIDE A DEEJAY WITH CLOSED DOORS.
19:35:32 FOUR BICH.
19:35:36 THEY HAVE A GUY PLAYING GUITAR INSIDE.
19:35:37 THEY SERVE FOOD.
19:35:42 THERE ARE -- THEY -- WHO HAVE BEEN HUGELY SUCCESSFUL.
19:35:45 BASICALLY MY THOUGHTS ARE THIS.
19:35:46 I AM IN THE REAL ESTATE BUSINESS.
19:35:49 I OWN A SMALL SHOPPING CENTER.
19:35:50 I HAVE THREE RESTAURANTS.
19:35:53 I AM ON THE INTERNET LOOKING FOR RESTAURANT SPACE ALL
19:35:53 THE TIME.
19:35:57 NEVER BEEN AN AD FOR THIS RESTAURANT IN ANY OF THE
19:35:59 COMMERCIAL REAL ESTATE SITES.
19:36:02 THE BIGGEST ONE IS LOOP NET.
19:36:05 IT HAS NOT BEEN ON THERE FOR THE LAST TWO YEARS LOOKING
19:36:06 FOR AN OPERATOR.
19:36:08 I DON'T KNOW HOW MUCH EFFORT TO FIND SOMEONE TO TAKE
19:36:12 OVER THIS SPACE AND START A RESTAURANT.
19:36:15 I WOULD JUST LIKE TO CLOSE WITH I AM TERRIFIED IF YOU
19:36:16 GIVE INTO THESE CONCESSIONS.
19:36:19 I WOULD LIKE FOR YOU TO STICK TO YOUR ORIGINAL
19:36:20 DECISIONS.
19:36:21 THANK YOU VERY MUCH.
19:36:25 >>JOSEPH CITRO: THANK YOU.
19:36:28 >> GOOD EVENING, AARON PALOF.
19:36:32 1216 N. FRANKLIN STREET.
19:36:34 I AM A NEW RESIDENT OF TAMPA.
19:36:38 I BOUGHT MY HOME IN OCTOBER AND STILL GETTING THE LAY
19:36:39 OF THE LAND.
19:36:44 AND ALL THESE INCIDENTS HAVE OCCURRED BEFORE I HAVE
19:36:45 COME TO THE NEIGHBORHOOD.
19:36:49 AS I AM NOW HERE IN THE NEIGHBORHOOD AND A RESIDENT, I
19:36:52 AM -- I AM VERY CONCERNED AND TO BE PERFECTLY HONEST TO
19:36:59 YOU KIND OF PETRIFIED WITH THE TESTIMONY I HEARD.
19:37:02 IF THIS IS IT IS IN FACT WHAT I AM ASSUMING TO BE THE
19:37:07 AGE GROUP THAT THEY ARE OFFER, A MILLENNIAL CROWD OR A
19:37:10 YOUNGER CROWD, AMPLIFIED NOISE WILL BE AMPLIFIED
19:37:18 ALREADY WITH SPECIAL EVENTS IN SHEER PROJECTION OF UFC
19:37:18 SCREAMING.
19:37:20 THIS IS NOT THE STATE OF THE UNION ADDRESS.
19:37:24 THESE ARE EVENTS DESIGNED TO BRING ROWDY PEOPLE TO OUR
19:37:25 BLOCK.
19:37:28 WE HAVE VIDEO EVIDENCE FROM PREVIOUS PEOPLE DEFECATING
19:37:36 IN MY BACK WHERE I NOW LIVE -- MY BACK AREA URINATING,
19:37:40 USING DRUG NEEDLES, SMOKING.
19:37:43 I PURCHASED MY HOME AT A VERY HIGH PRICE, AND I AM VERY
19:37:46 CONCERNED THIS IS GOING TO LOWER THE PROPERTY VALUE OF
19:37:48 EVERYBODY AROUND THEM.
19:37:51 IF IT IS IN FACT OPERATING LIKE A NIGHT CLUB AND IN
19:37:56 FACT SHOOTINGS OUTSIDE NOT BUT 200 FEET AWAY DOWN IN
19:38:00 THE 900 BLOCK, I CAN'T IMAGINE WHERE THIS IS A CITY --
19:38:06 THIS IS A VISION THAT YOU WANT TO BESTOW UPON US.
19:38:09 AS WE DEVELOP THIS AREA THAT IS SET TO -- TO REALLY
19:38:09 BOOM.
19:38:13 AND WE HAVE A PRECEDENT NOW TO SET SO THAT EVERYBODY
19:38:18 CAN ADHERE TO IT AND KNOW THEY ARE THERE TO OPERATE
19:38:20 JUST AS WE ARE TALKING ABOUT AS A RESTAURANT AND NOT
19:38:25 GIVEN PROVISIONS THAT ARE CLEARLY UNENFORCEABLE.
19:38:27 TO SELF-REPORT?
19:38:28 UNENFORCEABLE.
19:38:30 WE NEED TO MAKE SURE YOU SET THE PRECEDENT.
19:38:34 STICK BY YOUR ORIGINAL DECISION AND MOVE TO THE NEXT
19:38:35 PHASE.
19:38:37 IF THEY CHOOSE TO HAVE LITIGATION, THAT IS ON THEM.
19:38:39 THAT IS NOT YOUR CONCERN.
19:38:42 YOUR CONCERN IS TO PROTECT THE NEIGHBORHOOD AND THE
19:38:44 CONSTITUENTS AROUND THEM.
19:38:47 THAT IS WHAT WE HUMBLY ASK YOU TO DO.
19:38:48 THANK YOU.
19:38:50 >>JOSEPH CITRO: THANK YOU.
19:38:53 >> GOOD EVENING, TROY UNDERWOOD AND SPEAKING ON BEHALF
19:38:57 OF MYSELF AND MY WIFE WHO ARE OWNERS AT 1214 N.
19:38:58 FRANKLIN STREET.
19:39:02 WE, TOO, LIKE AARON PURCHASED OUR HOME IN OCTOBER
19:39:07 BECAUSE WE LOVED THE URBAN FEEL AND THE RESIDENTIAL
19:39:08 NEIGHBORHOOD.
19:39:10 AND I THINK THAT IS WHAT THE CITY WAS TRYING CREATE.
19:39:13 WE LOVE THE FACT THAT WE CAN WALK UP AND DOWN THE
19:39:13 STREET.
19:39:16 WE ARE LONG-TIME SOUTH TAMPA RESIDENTS.
19:39:18 WE ARE BUSINESS OWNERS IN YBOR CITY.
19:39:21 AND WE LOVE THE URBAN FEEL OF YBOR CITY, BUT BEING A
19:39:25 CHAMBER MEMBER THERE, I HAVE GONE THROUGH THE BATTLES
19:39:27 BETWEEN THE NOISE AND THE NIGHTCLUBS AND THE RESIDENTS
19:39:29 AND THAT IS SOMETHING WE DIDN'T WANT.
19:39:33 SO WHEN WE SOLD OUR HOME IN BALLAST POINT, WE FELL IN
19:39:36 LOVE WITH FRANKLIN STREET AND ALL THAT FRANKLIN STREET
19:39:37 HISTORY HAD.
19:39:40 WHAT WE DIDN'T KNOW WAS THAT A POTENTIAL NIGHT CLUB WAS
19:39:42 GOING TO BE NEXT DOOR.
19:39:46 WE ALWAYS KNEW THE OLD FLY BAR BECAUSE WE DINED THERE.
19:39:51 WE KIND AT OSTERIA BEFORE IT GAME VELO AND HAD A
19:39:53 FANTASTIC DINNER THERE.
19:39:57 THE FIRST WEEKEND WE STAYED IN OUR NEW HOUSE WE WENT TO
19:40:01 BELLO AND BASICALLY A RESTAURANT DISGUISED AS A NIGHT
19:40:02 CLUB.
19:40:05 THE FOOD HAD GONE FROM GREAT TO HORRIBLE AND ALL ABOUT
19:40:06 THE DRINKS AND THE NOISE.
19:40:09 AND WE HAVE NOT BEEN BACK SINCE.
19:40:12 AND WE REALLY -- WE WOULD LOVE TO HAVE A NICE
19:40:13 RESTAURANT.
19:40:15 LOVE TO HAVE THE OLD FLY BAR THERE.
19:40:19 WE JUST DON'T THINK THAT THIS OWNER WILL PARTICIPATE IN
19:40:20 A NEIGBORLY FASHION.
19:40:27 AND SO WE STRONGLY ASK THAT YOU DENY HIM AND LET HIM
19:40:31 TAKE HIS NEXT COURSE OF ACTION.
19:40:34 WE JUST ASK YOU STRONGLY FOR THAT TO PROTECT US.
19:40:36 YOU ARE OUR ONLY HOPE.
19:40:36 THANK YOU.
19:40:40 >>JOSEPH CITRO: THANK YOU.
19:40:45 DO WE HAVE MR. YE ONLINE?
19:40:48 >>CLERK: YES, HE IS ON.
19:40:51 >>JOSEPH CITRO: MR. YE?
19:40:53 >> CAN YOU SEE ME, COUNCIL?
19:40:55 >>JOSEPH CITRO: YES.
19:40:57 >>MARTIN SHELBY: CAN YOU SEE HIM?
19:40:59 >>JOSEPH CITRO: HANG ON.
19:41:04 >>CLERK: CAN YOU PLEASE TURN YOUR CAMERA ON.
19:41:07 >>JOSEPH CITRO: MR. YE, PLEASE TURN YOUR CAMERA ON.
19:41:09 THANK YOU.
19:41:11 >> ONE MOMENT.
19:41:12 IS IT ON?
19:41:19 >>JOSEPH CITRO: NO, IT'S NOT.
19:41:20 >> THERE IT IS.
19:41:21 >>JOSEPH CITRO: YES, SIR.
19:41:26 >> GOOD EVENING, COUNCIL, I AM ROBERT YE.
19:41:27 >>JOSEPH CITRO: YOU NEED TO BE SWORN IN.
19:41:31 >>CLERK: ROBERT, IF YOU CAN PLEASE RAISE YOUR RIGHT
19:41:31 HAND.
19:41:33 [SWEARING IN]
19:41:35 >> I DO.
19:41:36 >>CLERK: THANK YOU.
19:41:39 >> GOOD EVENING, COUNCIL, ROBERT YE.
19:41:45 MY WIFE ROSE AND I LIVED N. FRANKLIN STREET FOR 13
19:41:45 YEARS.
19:41:49 I DISAGREE WITH THE AB MEDIATION THAT ARE BEING
19:41:50 PRESENTED THIS EVENING.
19:41:53 THE RESIDENTS OF OUR NEIGHBORHOOD WERE ALLOWED TO
19:41:56 OBSERVE THE MEDIATION BUT NO VOICE OR VOTE.
19:41:58 OUR COMMENTS AND RECOMMENDATIONS WERE IGNORED AND WE
19:42:02 WHO WILL BE MOST EFFECTED BY HOW HE OPERATES HIS
19:42:05 BUSINESS DID NOT HAVE A SAY SO OR AGREE WITH MUCH OF
19:42:08 WHAT IS BEING RECOMMENDED BY THAT MEDIATOR.
19:42:12 WE ARE CONCERNED OF OUR NEIGHBOR'S SAFETY, PROPERTY
19:42:16 VALUES AND ALL THREE OF THESE ARE IN JEOPARDY UNLESS
19:42:20 RESTRICTIONS ON THE LICENSE AND FORCE HIM TO OPERATE IN
19:42:23 A MATTER COMPATIBLE WITH OUR NEIGHBORHOOD.
19:42:26 PLEASE PLACE THE FOLLOWING CONDITIONS ON AB 21-20.
19:42:29 RESTRICT THE OPERATING SHOWERS SO THE BUSINESS CLOSE 10
19:42:34 P.M. ON WEEKNIGHTS AND 11 P.M. ON WEEKEND.
19:42:39 WILL BE LIKELY TO A RESTAURANT AND STOP PATRONS FROM
19:42:42 LINGERING.
19:42:46 NUMBER TWO, PROHIBIT AMPLIFIED SOUND FOR MUSIC ANY TIME
19:42:47 OF THE DAY.
19:42:50 THIS BUSINESS IS CLOSE PROXIMITY TO THREE RESIDENTIAL
19:42:53 BUILDINGS WITH THE CLOSEST HAVING OUTDOOR PORCHES AND
19:42:55 BEDROOMS 25 FEET AWAY.
19:42:58 ANY AMPLIFIED MUSIC OR SOUND WILL BE A NUISANCE.
19:43:01 THE LETTER I SUBMITTED FOR INCLUSION IN THE HEARING
19:43:06 HAVE PICTURES THAT SHOW A CLOSENESS OF MOLE ABUELA TO
19:43:08 THE NEAREST RESIDENTIAL BUILDING.
19:43:12 MR. DONELY HAS NOT AND BEEN A GOOD NEIGHBOR IN DOWNTOWN
19:43:13 TAMPA.
19:43:16 HE SAID HE WANTS TO RUN A NICE RESTAURANT BUT HISTORY
19:43:20 SHOW HIS INTENTION IS TO HAVE NIGHTCLUBS DISGUISED AS
19:43:21 RESTAURANTS.
19:43:27 NOW HE PREVIOUSLY WITH ABUELA AND HOW HE OPERATES
19:43:29 BELLO.
19:43:33 IT ROUTINE PLAYS OUTDOOR MUSIC ONE AND A HALF BLOCKS
19:43:37 AWAY AND OCCASIONALLY THREE BLOCKS AWAY.
19:43:40 THEY HAVE DRINK SPECIAL WITH LITTLE OF FOOD ON THE
19:43:40 MENU.
19:43:44 YOU HEARD OF THE DISRUPTION THAT HE BROUGHT UPON OUR
19:43:46 NEIGHBORHOOD AND I AM SURE YOU REMEMBER THE FRANKLIN
19:43:49 MANOR BUSINESS SHUT DOWN FOR ONE WEEK FOR CREATING
19:43:54 ONGOING NEIGHBORHOOD OBSTRUCTIONS.
19:43:58 ALSO SUED BY THIS BEHAVIOR AND COUNCIL, YOU SHUT THEM
19:43:59 DOWN FOR A WEEK.
19:44:04 RECENTLY, THERE WERE ALSO THREE GUNFIRE INCIDENTS NEAR
19:44:06 HIS BELLO BUSINESS.
19:44:10 TWO OF THESE INCIDENTS CAN BE DIRECTLY CONNECTED TO
19:44:12 BELLO PATRONS AND ONE RESULTED IN A DEATH.
19:44:15 WE DO NOT WANT THIS AT OUR FRONT DOORS.
19:44:19 PLEASE PLACE CONDITIONS ON 21-20 SO HE WILL OPERATE
19:44:21 THAT AS A GOOD NEIGHBOR AND PROTECT THE SAFETY OF OUR
19:44:24 NEIGHBORHOOD, THE VALUE OF OUR HOME, AND THE PEACEFUL
19:44:26 OCCUPANCY OF OUR HOME.
19:44:27 THANK YOU.
19:44:28 >>JOSEPH CITRO: THANK YOU.
19:44:33 DO WE HAVE MR. PEDRATA ON THE PHONE?
19:44:35 >>CLERK: NO, HE IS NOT LOGGED ON.
19:44:42 >>JOSEPH CITRO: MR. PEREZ?
19:44:44 >>CLERK: ALMOST EVERYONE AND IN PERSON.
19:44:48 >>JOSEPH CITRO: I HAVE FERNANDO PEREZ.
19:44:49 OKAY, THANK YOU.
19:44:53 >>CLERK: THAT WILL CONCLUDE THE REGISTERED SPEAKERS.
19:45:00 >>JOSEPH CITRO: THAT'S ALL.
19:45:02 BUT NO ONE HE WILL ONLINE.
19:45:05 THANK YOU.
19:45:06 >>.
19:45:07 >>I HAVE A LEGAL QUESTION, IF I MAY.
19:45:11 I JUST WANT TO MAKE SURE THAT WHAT WE RELY UPON FOR ANY
19:45:15 DECISION IS VALID AND WHATNOT, I GUESS, IF YOU WILL,
19:45:19 YOU KNOW WE ARE HEARING A LOT OF OPINIONS ON AN
19:45:23 INDIVIDUAL OR A GROUP THAT HAD RUN AN ESTABLISHMENT AND
19:45:26 NOW IS APPARENTLY TRYING TO DO THE SAME THING.
19:45:29 YOU KNOW, WE OFTEN HEAR WHEN SOMEBODY PRAISES SOMEBODY
19:45:33 WHO IS AN APPLICANT THAT THAT IS NOT COMPETENT,
19:45:37 SUBSTANTIAL EVIDENCE THAT THEY ARE MR. OR MRS.
19:45:38 POPULARITY.
19:45:39 IS THE OPPOSITE OF THAT TRUE?
19:45:41 IN OTHER WORDS, THE STATEMENT ON THE PRIOR PERFORMANCE
19:45:46 OF THE OWNER, HOW -- HOW MUCH IF AT ALL CAN WE RELY ON
19:45:49 THAT FOR COMPETENT, SUBSTANTIAL EVIDENCE.
19:45:52 >>SUSAN JOHNSON-VELEZ: WELL, AGAIN, THE DECISION
19:45:55 BEFORE YOU THIS EVENING IS TO -- WHETHER -- WHAT ACTION
19:45:58 YOU ARE GOING TO TAKE ON THE RECOMMENDED SETTLEMENT.
19:46:00 THE RECOMMENDATION OF THE SPECIAL MAGISTRATE.
19:46:02 AGAIN IT IS A LITTLE BIT DIFFERENT STANDARD THAT YOU
19:46:04 ARE TALKING ABOUT.
19:46:06 I HAVE HEARD A LOT OF TESTIMONY ABOUT THE PRIOR
19:46:07 OPERATORS.
19:46:09 SO THERE IS NOBODY OPERATING THAT RIGHT NOW.
19:46:13 IT IS NOT MOLE Y ABUELA.
19:46:17 THE SAME -- THERE MAY BE COMMON OWNERSHIP BETWEEN THIS
19:46:19 PROPERTY AND ANOTHER PROPERTY WHERE A RESTAURANT IS
19:46:23 LOCATED, BUT YOU HAVE TO LOOK AT THIS LOCATION KIND OF
19:46:27 IN -- BY THE CRITERIA TO THIS LOCATION.
19:46:29 THE OTHER THING I WANTED -- SUSAN JOHNSON-VELEZ, LEGAL
19:46:31 DEPARTMENT.
19:46:35 THE OTHER THING I WANTED TO CLARIFY, AND I KNOW IT WAS
19:46:38 -- IT WAS INCLUDED IN SOME OF THE LETTERS THAT WE
19:46:42 RECEIVED FROM THE PROPERTY OWNERS AND NEIGHBORS WHO
19:46:47 PARTICIPATED IN THIS FLUEDRA PROCEEDINGS AND THEIR
19:46:50 FRUSTRATION OF THE LIMITATION OF THE PARTICIPATION IN
19:46:50 THE PROCEEDINGS.
19:46:53 I AM GOING TO READ DIRECTLY FROM THE STATUTE.
19:46:56 THE STATUTE, WHICH WE OPERATE UNDER FOR THESE
19:47:00 PROCEEDINGS REQUIRES -- REQUIRES US TO NOTIFY ANY OWNER
19:47:03 OF LAND CONTIGUOUS TO THIS PROPERTY.
19:47:06 AND ANY SUBSTANTIALLY EFFECTED PERSON WHO SUBMITTED
19:47:11 ORAL OR WRITTEN TESTIMONY AT THE -- AT YOUR ORIGINAL
19:47:12 HEARING BACK IN OCTOBER.
19:47:14 WE DID NOTIFY THOSE PERSONS.
19:47:17 SO THE STATUTE GOES ON TO DISCUSS THE STATUS OF THOSE
19:47:19 PERSONS IN THESE PROCEEDINGS.
19:47:23 AND IT SAYS, AND I AM QUOTING, THOSE PERSONS MAY BE
19:47:26 PERMITTED TO PARTICIPATE IN THE HEARING ARE BUT SHALL
19:47:31 NOT BE GRANTED PARTY OR INTERVENOR STATUS.
19:47:33 THE PARTICIPATION OF SUCH PERSONS IS LIMITED TO
19:47:37 ADDRESSING ISSUES RAISED REGARDING ALTERNATIVES,
19:47:40 VARIANCES AND OTHER TYPES OF ADJUSTMENT TO THE
19:47:44 DEVELOPMENT ORDER OR ENFORCEMENT THAT MAY IMPACT THEIR
19:47:47 SUBSTANTIAL INTEREST.
19:47:48 PARTIES THAT PARTICIPATE IN THESE PROCEEDINGS ARE NOT
19:47:50 PARTIES AND INTERVENORS.
19:47:53 SO THEY DON'T REALLY PARTICIPATE, YOU KNOW, IN TERM OF
19:47:57 GETTING A VOTE OR WHETHER OR NOT, YOU KNOW, THESE ARE
19:47:58 ACCEPTABLE TO YOU.
19:48:01 WE DID -- AND I WILL ASK MR. STEADY TO COME UP AND
19:48:05 CONFIRM, YOU KNOW, HOW -- HOW SOME OF THESE FOLKS
19:48:08 PARTICIPATED IN THE PROCEEDINGS BECAUSE IT WAS BEYOND
19:48:11 WHAT -- WHAT IS NORMALLY -- BEYOND THE LIMITATIONS OF
19:48:13 THE STATUTE NATURALLY PRESENTS.
19:48:20 WITH THAT, I WILL ASK HIM.
19:48:24 >> MR. CHAIRMAN, CITY COUNCIL MEMBERS, SCOTT STEADY.
19:48:27 I UNDERSTAND THE TRUCK RATION AND I HAVE DONE A NUMBER
19:48:28 OF THESE.
19:48:31 TYPICAL DURING MEDIATION THAT THE PARTIES I TAKE
19:48:33 SEPARATELY OUT TO DISCUSS WITH THEM AND COME BACK TO
19:48:35 THE MEETING.
19:48:37 I MEAN THAT IS TYPICAL MEDIATION.
19:48:42 THE STATUTE IS CLEARER OF THE PARTICIPANTS ONCE THERE
19:48:43 IS A -- LOOK LIKE THERE IS SOMETHING THAT WOULD COME
19:48:47 BACK TO CITY COUNCIL, THAT IS WHEN I OPEN THE FLOOR UP
19:48:48 TO HEAR COMMENTS.
19:48:52 OTHERWISE WE WOULD NEVER GET TO THE POINT OF HAVING
19:48:54 SOMETHING TO GET BACK TO CITY COUNCIL.
19:48:58 I UNDERSTAND THE FRUSTRATION OF RESIDENTS, BUT I AM
19:49:00 COMFORTABLE WITH THE NUMBER THAT I HAVE DONE THAT THEY
19:49:04 GOT TO COMMENT QUITE OFTEN ON THE ISSUES IN BETWEEN THE
19:49:06 FIRST ONE AND THE SECOND ONE.
19:49:08 I THINK STAFF DEFINITELY HEARD THEIR COMMENT.
19:49:11 BUT THE STATUTE IS VERY CLEAR ON HOW THE PROCESS IS
19:49:12 DONE.
19:49:14 I DON'T WANT TO GET INTO A DEBATE.
19:49:17 I KNOW THEY ARE FRUSTRATED, BUT THE PROCESS WAS
19:49:17 FOLLOWED.
19:49:22 AND I HOPE THE CITY COUNCIL FOCUSED ON SUBSTANTIVE
19:49:25 ISSUE BECAUSE I DON'T THINK THE MEDIATION -- IT WASN'T
19:49:26 TAINTED IN ANY WAY.
19:49:27 THANK YOU.
19:49:29 >>JOSEPH CITRO: THANK YOU.
19:49:30 >>CHARLIE MIRANDA: MR. CHAIRMAN.
19:49:31 >>JOSEPH CITRO: COUNCILMAN MIRANDA.
19:49:34 >>CHARLIE MIRANDA: MR. STEADY, IN FACT I WRITTEN A NOTE
19:49:37 HERE THAT YOUR JOB IS BETWEEN THIS LINE AND THIS LINE
19:49:39 ACCORDING TO THE PRINCIPLES OF LAW.
19:49:40 >> YES.
19:49:43 >>CHARLIE MIRANDA: AND THAT YOU WERE DUTIES -- I KNOW
19:49:45 YOU ARE VERY CAPABLE OF WHAT YOU HAVE DONE IN THE PAST
19:49:47 AND HOW YOU WORK.
19:49:51 AND I WAS GOING TO SAY TO MYSELF, FIRST OF ALL, WHY IS
19:49:52 IT THIS WAY?
19:49:55 THIS IS THIS WAY BECAUSE YOU OR ANY OTHER ONE HERE AS A
19:49:58 MEDIATOR HAS TO GO THIS SECTION OF THE LAW WHATEVER
19:50:01 FALLS AND THE GUIDELINES OF ONLY THOSE SPECIFICS.
19:50:02 >> RIGHT, VERY MUCH SO.
19:50:06 >>CHARLIE MIRANDA: HOWEVER, I AM CHARGED WITH ANOTHER
19:50:10 CHARGE THAT THE CITY OF TAMPA HAS NOT TO WHAT I HEARD
19:50:13 TODAY, DOES NOT HAVE THE SAME STANDARDS THAT I HAD
19:50:15 EIGHT OR TEN YEARS AGO.
19:50:20 >> UNDERSTOOD.
19:50:26 >>JOSEPH CITRO: PETITIONER, REBUTTAL?
19:50:29 >> GOOD EVENING, AGAIN, JESSICA YZERMAN FOR THE RECORD.
19:50:32 I WOULD LIKE TO ADDRESS A COUPLE OF ISSUES WE HEARD
19:50:35 TONIGHT FROM SOME OF THE RESIDENTS.
19:50:38 FIRST, I WANT TO POINT WITHOUT RESPECT TO THE REPORTING
19:50:41 REQUIREMENT, I DO NOT -- I ADMIT I DO NOT KNOW THIS TO
19:50:45 BE TRUE BUT I WILL PROFFER I WORKED FOR LOCAL
19:50:49 GOVERNMENTS IN LEE I DON'T KNOW COUNTY BEFORE AND WE
19:50:52 STOPPED REQUIRING REPORTING RECORDS BECAUSE THE STATE
19:50:54 BASICALLY TOOK OVER THAT RESPONSIBILITY AND IT WAS A
19:50:55 WASTE OF OUR TIME AND MONEY.
19:50:57 I WILL JUST THROW THAT OUT THERE.
19:51:00 >>CHARLIE MIRANDA: THEY ALSO TOOK THE CONDOMINIUMS.
19:51:03 >> A LOT OF PREMPTION GOING ON THESE DAYS.
19:51:06 >>JOSEPH CITRO: THANK YOU.
19:51:09 >> SO I -- I DO WANT TO ADDRESS -- YOU KNOW, FIRST
19:51:13 OFF, WE KEEP HEARING REFERENCES THAT THIS IS A
19:51:13 RESIDENTIAL NEIGHBORHOOD.
19:51:15 THIS IS YOUR CENTRAL BUSINESS DISTRICT.
19:51:17 THIS IS YOUR URBAN CORE.
19:51:21 THIS IS THE MOST INTENSE LIVE-WORK-PLAY AREA YOU HAVE
19:51:22 IN THE CITY OF TAMPA.
19:51:26 YOU HAVE APPROVED NUMEROUS ALCOHOL LICENSES OR YOUR
19:51:29 STAFF HAS APPROVED NUMEROUS ALCOHOL LICENSES OF
19:51:34 RESTAURANTS AND BARS WITHIN THE EXACT SAME BUILDINGS AS
19:51:37 RESIDENTIAL CONDOMINIUMS AND APARTMENTS.
19:51:39 AMERICAN SOCIAL.
19:51:41 THE -- JACKSON'S.
19:51:47 WE SEE THAT ALL THE TIME.
19:51:50 AND WE WANT -- WE WANT OUR DOWNTOWN TO BE
19:51:51 LIVE-WORK-PLAY.
19:51:55 WE DON'T WANT TO BE THE DESERT IT WAS TEN YEARS AGO.
19:51:59 WITH RESPECT TO THE OPERATOR, I DO WANT TO POINT OUT
19:52:03 THAT WE -- WE JUST COMMUNICATED WITH OUR CLIENT AND
19:52:04 PULLED SOME -- AND WE GOT SOME E-MAILS.
19:52:09 SO WHAT I AM GOING TO DISTRIBUTE TO YOU IS A LETTER OF
19:52:11 INTENT WHICH IS VIA E-MAIL.
19:52:14 AND YOU CAN SEE THE TERM OF THE AGREEMENT.
19:52:16 AND THE LETTER OF INTENT.
19:52:19 THEN YOU WILL SEE AN E-MAIL FROM THAT -- THAT SAME
19:52:23 OPERATOR ASAD USEPOV.
19:52:27 HE SENT US AN E-MAIL IMMEDIATELY AFTER YOUR PUBLIC
19:52:34 HEARING ON OCTOBER 21, 2021 THAT A SAYS, OBVIOUSLY WITH
19:52:37 THE CONDITIONS THE WAY THEY WERE, WE CAN NOT OPERATE A
19:52:38 BUSINESS PROPERLY.
19:52:41 MORE IMPORTANTLY, I LEARNED TODAY THAT EVEN WHEN YOU DO
19:52:44 EVERYTHING THE RESIDENTS WANT, AGREE TO EVERYTHING,
19:52:47 THEY REQUEST FOR THE MOST PART, IT STILL ISN'T ENOUGH.
19:52:49 I AM AT A LOSS FOR WORDS.
19:52:58 THAT IS WHEN THE LETTER OF INTENT WAS TERMINATED.
19:53:01 >>JOSEPH CITRO: MAN, WE HAVE A COUNCILMAN IS ONLINE.
19:53:04 THEY CAN NOT SEE THESE DOCUMENTS THAT YOU PRESENTED TO
19:53:05 US.
19:53:08 WOULD YOU MIND PUTTING THEM ON THE ELMO --
19:53:09 >> OF COURSE.
19:53:12 >>JOSEPH CITRO: ONE BY ONE AND GIVE COUNCILMAN CARLSON
19:53:16 JUST A MOMENT TO BE ABLE TO SEE THEM SNAP ALL RIGHT
19:53:20 WITH YOU, COUNCILMAN CARLSON?
19:53:20 >>BILL CARLSON: YES.
19:53:21 THANK YOU SO MUCH.
19:53:34 APPRECIATE THAT.
19:53:38 >>JOSEPH CITRO: COUNCILMAN CARLSON, WHEN YOU REVIEWED
19:53:41 THEM CAN YOU TELL US SO WE CAN SWITCH TO THE NEXT
19:53:56 DOCUMENT.
19:53:58 >> I WILL FIRST POINT TO YOU THE LETTER OF INTENT.
19:54:01 LET'S GO IN CHRONOLOGICAL ORDER.
19:54:06 YOU CAN SEE THIS IS AN E-MAIL DATED SEPTEMBER 30, 2021.
19:54:11 AND WE HAVE A -- WE HAVE AN E-MAIL FROM ASAD WHO IS
19:54:17 PROVIDING THE BASIC TERMS OF THE AGREEMENT.
19:54:19 CARL CARLSON OKAY, THANK YOU..
19:54:22 >>JOSEPH CITRO: SWITCH TO THE NECK ONE PLEASE.
19:54:23 >> YES.
19:54:29 AND WE HAVE AN E-MAIL FROM ASAD DATED OCTOBER 21, WHEN
19:54:29 IT.
19:54:32 AND THIS IS WHAT I JUST READ INTO THE RECORD.
19:54:49 >>BILL CARLSON: I GOT IT, THANKS.
19:54:52 >>JOSEPH CITRO: IS IT STILL UP THERE?
19:54:53 >> NO.
19:54:54 >>JOSEPH CITRO: HAVE WE GONE THROUGH THE DOCUMENTATION
19:54:57 THAT YOU HAVE GIVEN US.
19:54:58 >> YES.
19:55:01 >>JOSEPH CITRO: COUNCILMAN CARLSON, ARE YOU SATISFIED?
19:55:02 >>BILL CARLSON: YES.
19:55:07 THANK YOU VERY MUCH.
19:55:08 >> OKAY.
19:55:12 SO THE NEXT THING I WOULD LIKE TO TAKE -- TAKE A QUICK
19:55:17 LOOK AT IS YOUR NOISE ORDINANCE.
19:55:21 YOUR NOISE ORDINANCE IS, LIKE I SAID, INCORPORATED AS
19:55:24 SPECIAL USE CONDITION AS PART OF THIS PERMIT.
19:55:29 YOUR NOISE ORDINANCE IS THE PLAINLY AUDIBLE STANDARD
19:55:33 THAT YOU HEARD IN EXHAUSTION OF THE NOISE AND THE
19:55:35 AUDIBLE STANDARD.
19:55:37 IF YOU HAVE ANY QUESTIONS, WE HAVE OUR NOISE EXPERT TO
19:55:40 ANSWER QUESTIONS WITH RESPECT TO YOUR NOISE ORDINANCE.
19:55:46 AND WE HAVE ALSO -- I DO WANT TO POINT OUT YOUR CODE
19:55:49 DOES REQUIRE SECURITY FOR ANY BAR OR RESTAURANT
19:55:51 OPERATED IN THE CENTRAL BUSINESS DISTRICT.
19:55:55 THAT IS A CODE REQUIREMENT EVEN THOUGH NOT A CONDITION
19:55:57 ON THIS REQUIREMENT.
19:55:58 IT IS CODE MANDATED.
19:56:03 SO THERE WILL BE SECURITY.
19:56:05 THEN I WANT TO OFFER UP A CONDITION.
19:56:07 WE SPOKEN WITH OUR CLIENT AND WE CAN GIVE YOU
19:56:09 SOMETHING.
19:56:15 THAT CONDITION IS WITH RESPECT TO CONDITION NUMBER --
19:56:18 NUMBER 5, WHICH IS THE OUTDOOR AMPLIFIED SOUND
19:56:19 CONDITION.
19:56:24 WE HAD PREVIOUSLY PROPOSED OUR MEDIATION WAS 11 P.M. WE
19:56:27 HAD PROPOSED 10 P.M. TO YOU AT THE BEGINNING OF THIS
19:56:27 MEETING.
19:56:32 WE CAN GO DOWN TO 9 P.M. THAT MEANS ALL AMPLIFIED SOUND
19:56:42 ON THE ROOFTOP WILL CEASE OPERATION AT 9 P.M.
19:56:44 >>JOSEPH CITRO: WHILE THERE YOU ARE.
19:56:48 IS THAT INCLUDING OUTSIDE ON GROUND LEVEL ALSO?
19:56:50 >> YES.
19:56:54 SO I BELIEVE WE CALL IT -- WE CALL IT AMPLIFIED SOUND
19:56:56 OF ANY SORT ON THE ROOFTOP.
19:57:00 IF WE WOULD LIKE TO CALL IT OUTDOOR AMPLIFIED SOUND.
19:57:02 >>JOSEPH CITRO: I AM ASKING YOU THIS.
19:57:03 IS THAT WHAT YOU ARE ASKING FOR NOW.
19:57:06 IS THAT INCLUDED IN THE GROUND LEVEL?
19:57:08 >> YES.
19:57:13 AND I WILL -- SO I WILL -- FOR THE RECORD SUGGEST A MOD
19:57:17 IF I CASE OF CONDITION NUMBER 5 TO THOU SHALL BE NO
19:57:24 AMPLIFIED SOUND OF ANY SORT ON THE ROOFTOP SPACE OR
19:57:33 OUTSIDE AFTER 9 P.M.
19:57:38 AND WITH THAT, WE WILL BE AVAILABLE FOR QUESTIONS.
19:57:44 THANK YOU.
19:57:45 >>JOSEPH CITRO: COUNCILMAN GUDES.
19:57:48 >>ORLANDO GUDES: I GUESS IN YOUR BRIEF, YOU TALKED
19:57:52 ABOUT SECURITY, CORRECT?
19:57:54 >> THAT'S CORRECT GUDES EXPLAIN THAT.
19:57:57 WHAT WE ARE HEARING AT THIS PARTICULAR TIME, WE HAVE
19:58:00 NUMEROUS BARS AND SECURITY HAS BEEN AN ISSUE OF FILLING
19:58:03 JOBS WITH THESE BARS FOR SECURITY.
19:58:07 SO I AM -- IS THAT -- IS THAT -- IS THAT GOING TO BE A
19:58:08 CONDITION WITHIN THIS RECOMMENDATION?
19:58:12 >> YOU ALREADY IMPOSE THAT CONDITION THROUGH YOUR CODE.
19:58:16 ANY BARS OR RESTAURANTS THAT OPERATE IN THE EVENING
19:58:20 HOURS IN YOUR CENTRAL BUSINESS DISTRICT IS REQUIRED TO
19:58:23 HIRE SECURITY AND I BELIEVE -- I AM GOING OFF IF
19:58:23 MEMORY.
19:58:25 I BELIEVE IT IS SECURITY.
19:58:28 AT LEAST ONE PERSON PER 150.
19:58:31 AND THAT SECURITY OFFICIAL CAN BE RETIRED LAW -- OR
19:58:33 OFF-DUTY LAW ENFORCEMENT OFFICER.
19:58:34 AND I AGREE.
19:58:37 I HAVE HEARD AT LEAST ANECDOTALLY THERE IS DIFFICULTY
19:58:39 FINDING SECURITY FOR THESE ESTABLISHMENTS.
19:58:43 AND THAT IS PARTLY BECAUSE THE JOB MARKET IS DIFFICULT.
19:58:45 AND IT IS REQUIRED.
19:58:47 ALL OF THESE ESTABLISHMENTS ARE SUPPOSED TO HAVE
19:58:49 SECURITY.
19:58:50 >>ORLANDO GUDES: THANK YOU.
19:58:52 >>JOSEPH CITRO: COUNCILMAN MIRANDA.
19:58:54 >>CHARLIE MIRANDA: IF I MAY --
19:58:54 [INAUDIBLE]
19:59:03 -- AND ON THE CURRENT APPROVAL, FROM AB 120-29 TO
19:59:08 MEDIATED OF AB 21-20, WHICH I WOULD IMAGINE IS THE SAME
19:59:11 OPERATIONAL THING.
19:59:15 THE HOURS CHANGE ON SUNDAY FROM CURRENT TO MEDIATED
19:59:17 CONDITIONS BY ONE HOUR.
19:59:18 ON SUNDAY.
19:59:21 YET IN THE BOTTOM, IT SAYS SUNDAY HOURS ARE THE SAME AS
19:59:25 MONDAY THROUGH THURSDAY, AND THEN -- I GUESS IT IS
19:59:27 EQUATING IT TO THE OTHER SIDE HOW IT WAS.
19:59:30 AND THE ROOFTOP HOURS ARE THE SAME AS THE INTERIOR
19:59:31 HOURS.
19:59:40 WELL, THE ROOFTOP HOURS AND THE CURRENT AB 1, 20-29
19:59:42 MONDAY THROUGH THURSDAY WAS 10.
19:59:47 UNDER MEDIATED NOT 10, BUT 11 PLUS 1.
19:59:52 AND FRIDAYS AND SATURDAYS, CURRENT 120-29, FRIDAY AND
19:59:56 SATURDAY WAS 11 P.M. UNDER THE NEW MEDIATED CONDITIONS
20:00:02 AND YOU AB-21-20 IS 12 A.M. OR A PLUS ONE.
20:00:04 GO BACK TO A ROOFTOP ON SUNDAY.
20:00:10 CURRENT APPROVAL AB 1-20-29, SUNDAY AT 9 P.M.
20:00:17 ON THE MEDIATED CONDITIONS AB 121-20, 11 A.M. PLUS TWO.
20:00:21 IF YOU COUNT ON WHAT IS ON PAGE 4, THERE IS A PLUS FIVE
20:00:25 HOURS DIFFERENCE IN THE WORKWEEK ON THE -- ON THE TYPES
20:00:28 OF CONDITIONS THAT WERE CHANGED.
20:00:29 AM I CORRECT?
20:00:33 >> I AM NOT SURE I 100% FOLLOW BUT LET ME EXPLAIN.
20:00:37 I AM LOOKING AT SLIDE 8 OF THE PRESENTATION.
20:00:39 IS THAT WHAT YOU ARE LOOKING AT?
20:00:40 >>CHARLIE MIRANDA: NO MA'AM.
20:00:41 NUMBER 4 ON THIS MODIFICATION RIGHT HERE.
20:00:42 >> OKAY.
20:00:43 OKAY.
20:00:43 SO I AM NOW LOOKING AT THAT SLIDE WITH YOU.
20:00:47 SO THERE WERE TWO THINGS CHANGED BETWEEN THE CURRENT
20:00:50 APPROVAL AND MEDIATED CONDITIONS.
20:00:51 THE FIRST ONE IS SUNDAY, BE BROUGHT UP TO THE SAME AS MONDAY
20:00:56 AND THURSDAY SO WHATEVER THE HOURS WERE ON MONDAY THROUGH
20:00:58 THURSDAY, THE SAME HOUR.
20:01:03 BUT THE ROOFTOP HOURS, WE NEEDED THE SAME AS THE INTERIOR
20:01:06 HOURS SO IT DID GO FORWARD BY ONE HOUR, BECAUSE THE
20:01:10 CURRENT -- THE APPROVAL THAT'S CURRENTLY IN PLACE REQUIRED
20:01:14 ROOFTOP OPERATIONS TO CEASE ONE HOUR BEFORE THE CLOSING OF
20:01:20 THE INTERIOR OF THE ESTABLISHMENT.
20:01:22 WHAT WE HAD PROPOSED WAS TO BRING THAT TO THE SAME AS THE
20:01:25 INTERIOR HOURS OF OUR OPERATION SO TO NOT CLOSE ONE HOUR
20:01:32 EARLIER SO LOOKING AT SUNDAYS SPECIFICALLY THAT DID RESULT
20:01:35 IN MORE THAN ONE HOUR INCREASE, BECAUSE AT LEAST WITH
20:01:39 RESPECT TO THE ROOFTOP, BECAUSE WE PUSHED IT FORWARD AN
20:01:44 HOUR, AND THEN MADE IT THE SAME AS --
20:01:47 >>CHARLIE MIRANDA: WHAT I SEE ON ONE SIDE AND THE OTHER
20:01:53 SIDE, IT'S FIVE HOURS.
20:01:55 >> I DON'T SEE HOW THERE ARE FIVE HOURS DIFFERENCE.
20:01:58 THE BIGGEST DIFFERENCE IS FROM 5 P.M. TO 11 P.M.
20:02:02 >>CHARLIE MIRANDA: LET'S GO BACK AND DO IT ONE STEP AT A
20:02:05 TIME.
20:02:06 ON THE INTERIOR SIDE ALL THE WAY TO THE LEFT.
20:02:08 >> YES.
20:02:09 >>CHARLIE MIRANDA: YOU HAVE THE LINE AND YOU HAVE AB
20:02:12 1-2029, MONDAY THROUGH THURSDAY, 11 P.M.
20:02:16 DO YOU SEE THAT?
20:02:17 >> THAT IS CORRECT, AND THAT IS NOT BEING PROPOSED TO
20:02:19 CHANGE.
20:02:20 >>CHARLIE MIRANDA: MEDIATED CONDITIONS.
20:02:24 WHAT DOES IT SAY THERE?
20:02:25 >> MEDIATED CONDITIONS MONDAY THROUGH THURSDAY, 11 P.M.
20:02:29 >>CHARLIE MIRANDA: THEN AN HOUR DIFFERENCE.
20:02:31 >> BETWEEN 10 P.M -- OR 11 P.M. AND -- MONDAY THROUGH
20:02:35 THURSDAY, 11 P.M.
20:02:36 >>CHARLIE MIRANDA: WELL, WHEN YOU GET DOWN TO SUNDAY, WHEN
20:02:39 YOU GET THERE, WHAT I AM SAYING, THE SAME FOR THURSDAY, THE
20:02:43 SAME FOR FRIDAY AND SATURDAY.
20:02:45 >> RIGHT.
20:02:46 >>CHARLIE MIRANDA: AND I AGREE WITH THAT.
20:02:48 THAT'S THERE.
20:02:49 BUT WHEN YOU GET TO SUNDAY, IT'S UNDER THE CURRENT APPROVAL
20:02:54 AB 1-2029 ON THAT ITEM, SUNDAY 10 P.M.
20:02:58 YOU GET TO THE MEDIATED CONDITIONS, SUNDAY, ONE HOUR MORE,
20:03:04 11 P.M.
20:03:04 >> THAT IS CORRECT.
20:03:05 AND THAT IS ONE THAT I EXPLAINED THERE ARE TWO THINGS THAT
20:03:08 CHANGED.
20:03:09 THE FIRST THING THAT CHANGED IS WE BROUGHT SUNDAY FORWARD TO
20:03:13 BE THE SAME AS MONDAY THROUGH THURSDAY.
20:03:14 >>CHARLIE MIRANDA: BUT THAT DOESN'T MEAN -- YOU CAN BRING
20:03:19 MONDAY.
20:03:21 BECAUSE THERE'S TWO DIFFERENCE.
20:03:23 YOU GOT INDOOR AND YOU GOT ROOFTOP.
20:03:25 AM I CORRECT?
20:03:26 >> THAT'S CORRECT.
20:03:27 >>CHARLIE MIRANDA: SO IT CHANGED, DIDN'T IT?
20:03:30 >> YES.
20:03:30 WE PROPOSED -- THE MEDIATION CONDITIONS THAT ARE BEFORE YOU
20:03:33 TODAY CHANGED SUNDAY 10 P.M. TO SUNDAY 11 P.M.
20:03:38 >>CHARLIE MIRANDA: I AM GOING TO FIND MY EYE DOCTOR.
20:03:43 >> YOU ARE CORRECT, THAT IS A MEDIATED CONDITION CHANGE.
20:03:47 >>CHARLIE MIRANDA: SO FIVE HOURS TOTAL.
20:03:48 AM I CORRECT OR NOT?
20:03:50 >> FIVE HOURS?
20:03:52 >>CHARLIE MIRANDA: BETWEEN THE TWO -- BETWEEN MONDAY AND
20:03:54 THURSDAY, FRIDAY AND SATURDAY, AND SUNDAY, VERSUS MONDAY AND
20:03:57 THURSDAY, FRIDAY AND SATURDAY AND SUNDAY, AND THE ROOFTOP
20:03:59 BETWEEN MONDAY AND THURSDAY, MONDAY AND THURSDAY AT 1,
20:04:03 FRIDAY AND SATURDAY 11 TO 12 IS ONE, AND SUNDAY THE 9 TO 11
20:04:09 IS TWO.
20:04:09 IF I ADD THAT IT'S FIVE.
20:04:11 >> I THINK YOU ARE CORRECT.
20:04:12 I SEE HOW YOU ARE DOING THE MATH NOW.
20:04:14 I THOUGHT IT WAS A FIVE HOUR DIFFERENCE AS OPPOSED TO FIVE
20:04:16 CHANGES.
20:04:17 >>CHARLIE MIRANDA: I'M SORRY IF I LED YOU IN THE WRONG
20:04:19 DIRECTION.
20:04:19 >> I AGREE WITH THAT.
20:04:21 >>JOSEPH CITRO: COUNCILWOMAN HURTAK.
20:04:31 >>LYNN HURTAK: I WOULD PREFER TO HAVE THE MODIFICATION
20:04:48 INCLUDE NO AMPLIFIED SOUND OUTSIDE FROM THE ROOFTOP.
20:05:01 BASED ON WHAT I'M HEARING FROM THE NEIGHBORS AND ABOUT THE
20:05:10 RESTAURANT BEFORE BEING ABLE TO WORK IN THAT SPACE FOR YEARS
20:05:15 TO NOT HAVE THAT AMPLIFIED SOUND.
20:05:19 IS THAT SOMETHING THAT YOUR CLIENT COULD DO?
20:05:27 IF YOU ARE REALLY HAVING JUST THE RESTAURANT, THEN IT SEEMS
20:05:31 THAT NO AMPLIFIED SOUND -- I MEAN, MAYBE I'M OLD, BUT I
20:05:36 REALLY LOVE PLACES I CAN GO WHERE THERE IS NO NOISE, BECAUSE
20:05:39 I LOVE TO HEAR PEOPLE SPEAK.
20:05:43 SO, I MEAN, YOU THE NOTE THAT YOU GAVE US SAID THAT THIS
20:05:50 CONCEPT IS GOING TO BE HIGH-END AMERICAN.
20:05:55 TO ME, THAT GENERALLY MEANS A QUIETER SETTING TO ENJOY
20:06:04 HIGH-END FOOD, AND DRINK, AND JUST A LITTLE -- NOT
20:06:09 INCREDIBLY LOUD.
20:06:12 MY INTERPRETATION OF HIGH-END DINING, I DON'T EAT OUT MUCH.
20:06:17 BUT COULD YOU SPEAK TO THAT POSSIBILITY?
20:06:22 >> JAKE CREMER FOR THE RECORD.
20:06:25 OUR CLIENT COULDN'T BE HERE PHYSICALLY TODAY.
20:06:28 HE HAS SOME HEALTH ISSUES.
20:06:29 I THINK I CAN REACH HIM BY PHONE.
20:06:33 IF THERE'S ANY OTHER CONDITIONS THAT ARE TROUBLING YOU ALL,
20:06:40 IF WE COULD TALK ABOUT THEM WITH JESSE AND I'LL STEP OUT IN
20:06:43 THE HALLWAY AND SEE IF I CAN GET AHOLD OF HIM ON THAT
20:06:47 SPECIFIC ISSUE BECAUSE I REALIZE THE IMPORTANCE.
20:06:50 >>LYNN HURTAK: THANK YOU, BECAUSE THAT'S ONE THAT I SEE
20:06:54 THAT THE RESIDENTS AND THE CLIENTS COULD COME TOGETHER,
20:06:58 BECAUSE THAT'S SOMETHING THAT -- EVERY SINGLE NEIGHBORHOOD
20:07:03 SAYS THAT.
20:07:04 >>CHARLIE MIRANDA: I WANT TO MAKE SURE THAT THE CITY
20:07:06 COUNCIL ATTORNEY APPROVES.
20:07:09 I NEVER HAD ONE DONE YET THAT WAY.
20:07:15 SOMETIMES YOU DON'T SEE SOMEONE HERE IN PERSON, YOU DON'T
20:07:18 LET THEM -- I'M JUST SAYING THAT I HAVE NEVER SEEN IT.
20:07:24 AND WHEN YOU HAVE SOMEONE THAT WANTS TO SPEAK FROM THE
20:07:27 AUDIENCE OR SOMEBODY, WE DON'T SEE THEM PERSONALLY, WE DON'T
20:07:32 LET THEM SPEAK.
20:07:33 >> IF I MAY, I AM GOING TO CALL MY CLIENT.
20:07:39 >>CHARLIE MIRANDA: I UNDERSTAND.
20:07:40 >> AND PROPOSE THIS TO SEE IF WE CAN WORK THIS OUT.
20:07:43 >>CHARLIE MIRANDA: THE THING THAT'S TROUBLING ME THE MOST
20:07:46 IS A ROOFTOP MUSIC.
20:07:51 MANY RESTAURANTS IN TAMPA HAVE THAT WITHOUT MUSIC, THEY ARE
20:07:54 DOING FINE.
20:07:56 WHAT WE ARE DOING HERE IS THE OLD SAYING OF PUTTING THE
20:08:01 HORSE BEFORE THE CART OR THE CART BEFORE THE HORSEBACK WARD,
20:08:04 AND WE ARE TRYING TO FIND SOMETHING THAT WE CAN TRY
20:08:10 WITHOUT -- AND THAT'S THE PROBLEM.
20:08:12 >> I APOLOGIZE FOR THAT, COUNCIL.
20:08:14 >>CHARLIE MIRANDA: I UNDERSTAND, I KNOW YOU HAVE A TOUGH
20:08:21 JOB.
20:08:21 THERE'S NO QUESTION ABOUT THAT.
20:08:22 BUT THE ROOFTOP ALCOHOL, IN MY MIND, WHAT I AM TRYING TO DO
20:08:30 AND NOT DO WITH THIS HEARING.
20:08:32 >> IF I MAY CLARIFY.
20:08:34 YOU SAID ROOFTOP.
20:08:35 YOU SAID NOISE JUST A MOMENT AGO AND THEN ROOFTOP -- ON THE
20:08:41 ROOF.
20:08:41 >>CHARLIE MIRANDA: YES, SIR.
20:08:43 >> THAT CONCERNS YOU OVEN THOUGH THE FLY BAR HAD THAT FOR
20:08:48 MANY, MANY YEARS.
20:08:49 >>CHARLIE MIRANDA: I'M SAYING WAY SEE HERE.
20:08:55 THIS CHANGES SO MUCH THAT THEY DON'T NEED COUNCIL MEMBERS
20:08:58 ANYMORE.
20:08:59 EVERYTHING IS TAKEN AWAY FROM THE POWER.
20:09:09 NOW THEY ARE GOING TO INSPECT AFTER THEY HAVE FILE AN
20:09:13 ORDINANCE, NOW THEY ARE GOING TO INSPECT.
20:09:15 GOOD FOR THEM.
20:09:16 NOW WE HAVE -- WE USED TO DO THE 51-49 OURSELVES.
20:09:21 GUESS WHAT.
20:09:22 LEGISLATION SAID, NO, WE CAN TAKE CARE OF OURSELVES.
20:09:31 YOU CAN'T BLAME US.
20:09:35 SO THESE ARE THE THINGS THAT ARE HAPPENING IN GOVERNMENT AND
20:09:37 ALL OVER THE COUNTRY.
20:09:39 AND IT'S GETTING TO THE POINT THAT THERE'S NO ANSWER,
20:09:44 BECAUSE THERE'S NO LAW GIVEN TO SOME AUTHORITY TO DO WHAT
20:09:48 THEY HAVE TO DO.
20:09:50 I'M NOT HERE TO PREACH TO YOU.
20:09:51 I AM NOT TRYING TO PREACH TO YOU.
20:09:53 I'M JUST TRYING TO TELL YOU HOW I FEEL ABOUT SOME OF THE
20:09:56 THINGS THAT ARE HAPPENING IN THIS COUNTRY.
20:09:58 WE ARE NOT GOING TO SOLVE THESE PROBLEMS WITH THE SAME OL'
20:10:02 SAME OL'.
20:10:02 IT DOESN'T WORK.
20:10:03 >>JOSEPH CITRO: MAY I ASK A QUESTION, PLEASE?
20:10:08 WHAT'S THE CAPACITY OF THE ROOFTOP?
20:10:10 >> 116 PERSONS.
20:10:13 >>JOSEPH CITRO: 160?
20:10:16 >> 116.
20:10:18 >>JOSEPH CITRO: THANK YOU VERY MUCH.
20:10:19 116 PEOPLE.
20:10:22 AND IF THERE'S AMPLIFIED MUSIC, SAY YOU ARE AMPLIFYING 116
20:10:27 PEOPLE'S VOICES BY EVEN MORE MUSIC.
20:10:33 NO OFFENSE TO THAT BUT IT SEEMS LIKE DOUBLE AMPLIFICATION.
20:10:37 AND I'LL LEAVE IT THERE.
20:10:38 >>BILL CARLSON: MR. CHAIR, IF MR. CREMER -- STEPPED OUT
20:10:47 ALREADY?
20:10:47 >> HE HAS STEPPED OUT BUT I CAN COMMUNICATE WITH HIM IF YOU
20:10:50 HAVE A QUESTION.
20:10:51 >>BILL CARLSON: IF WE REJECT THIS TONIGHT THEN LIKE YOU
20:10:55 SAID YOU WILL COME BACK IN A COUPLE MONTHS OR WHATEVER AND
20:10:58 YOU WILL HAVE WHATEVER THE NEXT DEAL IS.
20:11:00 IF THERE'S ANYTHING ELSE THAT YOU ALL LISTENED TO THAT YOU
20:11:03 WANT TO ASK THE OWNER TO TRY TO THROW IN NOW INSTEAD OF
20:11:06 WAITING A COUPLE MONTHS, FOR THE SAKE OF THE GOOD PEOPLE IN
20:11:11 THE AUDIENCE, IF THERE'S ANYTHING ELSE THAT YOU ALL HAVE IN
20:11:15 YOUR HIP POCKET TO THROW OUT TONIGHT, NOW WOULD BE A GOOD
20:11:19 TIME TO DO THAT.
20:11:20 >> OKAY.
20:11:20 AND WE WOULD LIKE TO GET THIS DONE TONIGHT.
20:11:25 AND IF YOU HAVE ANY OTHER CONDITIONS, WE WOULD LIKE TO HEAR
20:11:32 IT AND I CAN STEP OUT AND TRY TO --
20:11:36 >>BILL CARLSON: JUST LISTENING, I AM NOT MENTIONING
20:11:38 ANYTHING SPECIFIC, BUT JUST FROM WHAT YOU AND MR. CREMER
20:11:41 HEARD FROM THE AUDIENCE, IF THERE'S ANYTHING ELSE THAT YOU
20:11:43 ALL ARE CONSIDERING OR THINKING ABOUT ADDING IN THE NEXT
20:11:47 ROUND, THROW IT IN NOW.
20:11:50 >> I MEAN, FROM WHAT I HEARD, FROM THE NEIGHBORS, THERE WERE
20:11:54 THREE MAIN CONCERNS.
20:11:55 ONE WAS THE COVER CHARGE AND I BELIEVE WE SATISFIED THEIR
20:11:58 CONCERN WITH OUR PROPOSED MODIFICATION ALREADY WITH THAT.
20:12:01 THE SECOND CONCERN IS THE NOISE ON THE ROOFTOP, WHICH I
20:12:04 BELIEVE IS OUR BIGGEST CONCERN.
20:12:07 WE ARE GOING TO SEE IF WE CAN DO AWAY WITH NOISE ON THE
20:12:10 ROOFTOP NOW.
20:12:12 THE THIRD CONCERN I HEARD WAS HOURS OF OPERATION, FROM SO OF
20:12:17 THE NEIGHBORS, NOT ALL OF THE PEOPLE WHO SPOKE TODAY.
20:12:20 I BELIEVE HOURS OF OPERATION WAS CONCERNING.
20:12:23 I BELIEVE THAT THEY HAD PROPOSED, OR BELIEVE MIDNIGHT IS TOO
20:12:32 LATE TO CLOSE ON THE WEEKENDS BECAUSE THAT COULD LEAD TO
20:12:35 ROWDY CROWDS.
20:12:39 WE CAN TAKE A LOOK AT HOURS OF OPERATION.
20:12:47 IF I MAY HAVE ONE MOMENT.
20:12:58 ALL RIGHT.
20:12:58 SO WE HAVE SPOKEN WITH THE CLIENT AND WE ARE AMENABLE TO
20:13:03 STRIKING THE -- SOUND CONDITION SO THAT WOULD BE CONDITION
20:13:09 NUMBER -- NUMBER 5?
20:13:16 I DON'T MEAN IT NEEDS TO BE STRUCK.
20:13:19 >> OF COURSE, NOT STRICKEN.
20:13:22 WE WOULD REVERT THE CONDITION NUMBER 5 TO THE ORIGINAL
20:13:26 CONDITION THAT IS IN THE CURRENT PERMIT, WHICH WOULD READ,
20:13:30 THERE SHALL BE NO LIVE MUSIC OR AMPLIFIED SOUND OF ANY SORT
20:13:34 ON THE ROOFTOP SPACE.
20:13:36 VIDEO EQUIPMENT MAY BE OPERATED ON THE ROOFTOP PROVIDED SAID
20:13:40 EQUIPMENT IS COMPLETELY MUTED.
20:13:42 SO WE WILL AGREE TO THAT MODIFIED CONDITION.
20:13:47 AND I ALSO WAS TOLD THAT THAT IS THE EXTENT WE CAN GO AT
20:13:51 THIS TIME.
20:13:52 >>BILL CARLSON: MR. CHAIR?
20:13:58 SORRY.
20:13:58 I THINK IT WAS COUNCILMAN CITRO -- MS. HURTAK TALKED ABOUT
20:14:05 THE OUTDOOR SOUND DOWNSTAIRS, TOO.
20:14:08 WERE YOU ABLE TO GET THAT INCLUDED THEN?
20:14:11 I KNOW YOU WERE PEN CEILING IT IN.
20:14:13 >> YES, WE CAN GO AHEAD AND REVISE THAT CONDITION TO THERE
20:14:17 SHALL BE NO LIVE MUSIC OR AMPLIFIED SOUND OF ANY SORT ON THE
20:14:20 ROOFTOP SPACE OR OUTDOOR AREA.
20:14:24 >>BILL CARLSON: THANK YOU.
20:14:26 >> AND VIDEO EQUIPMENT MAY BE OPERATED ON THE ROOFTOP OR
20:14:31 OUTDOOR AREA PROVIDED IT IS COMPLETELY MUTED.
20:14:33 >>BILL CARLSON: THANK YOU.
20:14:38 >>JOSEPH CITRO: I BELIEVE COUNCILMAN MIRANDA HAD A QUESTION
20:14:45 ABOUT THE HOURS OF OPERATION, BUT COUNCILWOMAN HURTAK.
20:14:51 >>LYNN HURTAK: I ALSO HAVE A QUESTION ABOUT THE HOURS OF
20:14:54 OPERATION.
20:14:55 AGAIN, I GUESS I JUST DON'T GO OUT ENOUGH, BUT MONDAY
20:15:00 THROUGH THURSDAY, 11 P.M., DOES THAT MEAN LIKE DOORS CLOSE,
20:15:05 YOU TAKE THE LAST PATRON -- I'M SORRY, 11 P.M., OR DID THAT
20:15:10 MEAN LIKE THE LAST PERSON CAN COME IN AND GRAB SOMETHING TO
20:15:14 EAT AROUND 10:30 BECAUSE YOUR KITCHEN CLOSES AT 11?
20:15:19 HOW DOES THAT WORK?
20:15:20 >> SO IT IS THE, MY UNDERSTANDING IS, WE HAVE INTERPRETED
20:15:26 THIS AND STAFF HAS INTERPRETED THIS, IS THAT IS WHEN THE
20:15:29 DOORS CLOSE AND THE KITCHEN SHUTS BUT ALSO THEY STOP TAKING
20:15:34 PATRONS AROUND 10, 10:30 SO THAT BY 11 THEY CAN USHER PEOPLE
20:15:40 OUT.
20:15:40 >>LYNN HURTAK: OKAY.
20:15:42 SO 11 P.M. MEANS HAVE BEEN IS GONE?
20:15:44 >> RIGHT.
20:15:45 >>LYNN HURTAK: SO IF YOU HAPPEN TO WAND IN AT 10:30, THEY
20:15:50 SAY, OH, WE ARE CLOSING AT 11.
20:15:52 >> EXACTLY.
20:15:53 >>LYNN HURTAK: OKAY.
20:15:55 >>JOSEPH CITRO: COUNCILMAN GUDES.
20:16:02 >>ORLANDO GUDES: THAT WAS MY QUESTION, WHEN YOU SAY
20:16:06 HIGH-END.
20:16:07 MOST HIGH-END RESTAURANTS END ABOUT 10:00.
20:16:10 >> WE ACTUALLY LOOKED AT A VARIETY OF RESTAURANTS IN THE
20:16:15 TAMPA AREA, AND 11 P.M. OR MIDNIGHT IS PRETTY STANDARD.
20:16:21 I THINK THAT THERE ARE TIMES WHEN YOU DON'T GO OUT TO DINNER
20:16:25 TILL 8:30, 9:00 FOR A VARIETY OF REASONS, AFTER A COUNCIL
20:16:30 MEETING, AFTER A GRADUATION, AFTER A SPORTING EVENT.
20:16:33 SO THERE ARE INSTANCES WHERE THERE ARE LATE DINERS.
20:16:37 AND OF COURSE THERE ARE OTHER DINERS WHO JUST LINGER.
20:16:41 AND SO WE BELIEVE THAT 11 P.M. AT NIGHT IS APPROPRIATE.
20:16:47 AND AGAIN, THAT'S NOT THE ROOFTOP.
20:16:49 THE ROOFTOP ON WEEKENDS CLOSES AT 11 P.M.
20:16:55 IS THAT RIGHT?
20:16:55 SORRY, CLOSES AT MIDNIGHT.
20:16:58 SO WE HAVE 11 P.M. SUNDAY THROUGH THURSDAY, AND MIDNIGHT
20:17:03 FRIDAYS AND SATURDAYS FOR BOTH THE ROOFTOP AND INTERIOR.
20:17:07 >>ORLANDO GUDES: I'M JUST CURIOUS WHAT KIND OF RESTAURANT
20:17:13 THAT WOULD BE.
20:17:14 I MEAN, I EAT OUT ALL THE TIME, SO I AM JUST CURIOUS WHAT
20:17:20 RESTAURANTS -- YOU SAY A RESTAURANT.
20:17:24 >> THIS IS A RESTAURANT.
20:17:27 >>ORLANDO GUDES: AT 11, 12:00.
20:17:30 I DON'T KNOW WHAT YOU SERVE BUT I KNOW WHAT YOU NORMALLY
20:17:33 SERVE AT THAT TIME.
20:17:34 >> I DO WANT TO POINT OUT YOUR CODE PROVIDES THAT
20:17:36 RESTAURANTS AND BARS CAN BE OPEN TILL 3 A.M.
20:17:39 >>ORLANDO GUDES: I AM FAMILIAR WITH THE WHAT THE CODE SAYS
20:17:43 ABOUT BARS.
20:17:44 BUT WHAT YOU ARE SAYING, YOU ARE TRYING TO GET CONDITIONS
20:17:47 AND MODIFICATIONS.
20:17:48 YOU ARE ASKING FOR SOME THINGS SO I QUESTION WHAT YOU
20:17:52 PRESENTED TO US.
20:17:53 I UNDERSTAND WHAT THE CODE IS.
20:17:54 WE DO THIS EVERY WEEK, TO AB USES OF ALCOHOL, AS RELATES TO
20:18:00 BARS.
20:18:02 ALL RIGHT.
20:18:02 THANK YOU.
20:18:02 >>CHARLIE MIRANDA: MR. CHAIRMAN, LET ME SAY THIS.
20:18:10 AS LONG AS ALL THE ALCOHOL BEVERAGE RUNS WITH THE LAND, YOU
20:18:13 ARE NEVER GOING TO SOLVE THESE PROBLEMS.
20:18:15 NONE.
20:18:16 NONE OF THEM.
20:18:16 BECAUSE THEY GOT YOU BY THE THROAT.
20:18:19 I AIN'T TALKING ABOUT THESE GOOD PEOPLE.
20:18:21 NOT AT ALL.
20:18:22 JUST IN GENERAL FORM.
20:18:23 AS LONG AS THE ALCOHOL BEVERAGE RUNS WITH THE LAND, CAN'T DO
20:18:28 A DARN THING.
20:18:31 I SAID A DARN THING NOT THE OTHER WORD.
20:18:34 BECAUSE THAT'S THE WAY THE STATE -- IT DOESN'T -- YOU
20:18:40 CAPTAIN CONTROL WHAT THEY DO.
20:18:41 ONCE THEY GET THAT LIQUOR LICENSE IT'S VERY HARD TO GET
20:18:44 IT -- TAKE IT AWAY.
20:18:46 EVEN IF YOU TAKE IT AWAY, THE LAND IS ZONED FOR ALCOHOL.
20:18:50 IS THAT CORRECT?
20:18:50 >> WELL, ALCOHOL SERVICE REQUIRES A SPECIAL USE OH HE-
20:18:56 >>CHARLIE MIRANDA: I AM NOT TALKING ABOUT YOUR CLIENT, I AM
20:18:59 TALKING ABOUT STRAIGHT LIQUOR RUNS WITH THE LAND?
20:19:01 >> YES.
20:19:01 THERE IS A SPECIAL USE PERMIT THAT WILL RUN WITH THE LAND.
20:19:07 >>CHARLIE MIRANDA: YOU CAN'T BE CLOSED FOR A PERIOD OF
20:19:10 TIME, YOUR LICENSE, IF YOU DON'T MAKE A SALE OR SOMETHING.
20:19:13 >> THAT'S CORRECT.
20:19:14 YOUR CODE PROVIDES SALES MUST BE MADE AT LEAST ONCE EVERY 60
20:19:18 DAYS.
20:19:18 >>CHARLIE MIRANDA: I KNOW I GOT BALD FOR A REASON.
20:19:22 >>MARTIN SHELBY: IF I MAY FOLLOW UP, A QUESTION FOR STAFF.
20:19:25 YOU RAISED A QUESTION ABOUT ALCOHOL ON THE ROOF.
20:19:28 AND YOU TALKED ABOUT THIS.
20:19:30 THERE ARE ENTITLEMENTS THAT ARE ALREADY EXISTING ON THAT
20:19:33 PROPERTY.
20:19:33 AND MR. COTTON WOULD BE ABLE TO ADDRESS THOSE FOR COUNCIL.
20:19:42 >>ERIC COTTON: DEVELOPMENT COORDINATION.
20:19:45 THE LOCATION ALREADY IS WET.
20:19:47 THEY DID RECEIVE AN AB-1 PRIOR TO THIS CURRENT AB-1 THAT HAD
20:19:52 RESTRICTIONS ON IT.
20:19:54 THE ROOFTOP IS ALREADY WET.
20:19:55 THEY DO HAVE AN AB-1 FOR BEER, WINE AND LIQUOR, WHAT THEY
20:20:00 ARE REQUESTING UNDER THIS CURRENTS AB-1.
20:20:03 AND TO CLARIFY SOME THINGS, AS A RESTAURANT, THEY CAN STAY
20:20:06 OPEN TILL 3:00 PER THE CODE.
20:20:11 COUNCIL CAN PUT CONDITIONS ON THAT.
20:20:14 BY CODE THEY CAN STAY OPEN TILL 3 A.M.
20:20:18 SECURITY IS ONLY REQUIRED DOWNTOWN FOR A BAR, NOT FOR A
20:20:21 SPECIAL RESTAURANT.
20:20:21 SO IT DOES NOT HAVE TO HAVE SECURITY PER THE CODE.
20:20:25 >>CHARLIE MIRANDA: EXCUSE ME, I AM NOT TRYING TO TAKE OVER.
20:20:29 >>JOSEPH CITRO: MR. MIRANDA.
20:20:30 >>CHARLIE MIRANDA: THERE'S ONLY FOUR HOURS IN THE DAY YOU
20:20:33 CANNOT SERVE LIQUOR.
20:20:34 >> 3 TO 7.
20:20:37 >>CHARLIE MIRANDA: YOU CAN SERVE LIQUOR 20 HOURS A DAY.
20:20:40 THAT'S ALL.
20:20:42 YOU CAN'T EVEN GET GAS 20 HOURS A DAY.
20:20:45 YOU CAN'T EVEN GO TO THE GROCERY STORE 20 HOURS A DAY.
20:20:48 BUT YOU CAN GET LIQUOR.
20:20:50 >>JOSEPH CITRO: ANYONE ELSE?
20:20:56 SO THE QUESTION I ASKED EARLIER, THE CAPACITY OF 116 PEOPLE
20:21:01 ON THE ROOFTOP, IF YOU ARE SERVING UNTIL MIDNIGHT, YOU ARE
20:21:08 SERVING FOOD UNTIL MIDNIGHT.
20:21:10 THAT GOING TO ALSO BE A LOUD NOISE.
20:21:15 IS THERE ANY WAY WE CAN REDUCE THE HOURS ROOFTOP EVEN FOR
20:21:20 RESTAURANT?
20:21:25 >> COUNCILMAN, COULD YOU BE MORE SPECIFIC?
20:21:28 >>JOSEPH CITRO: 9:00.
20:21:29 >> NO, SIR.
20:21:32 I'M SORRY.
20:21:32 >>JOSEPH CITRO: I JUST ASKED A QUESTION, COUNCIL.
20:21:36 THANK YOU.
20:21:36 I GOT THE ANSWER.
20:21:37 >> MOVE TO CLOSE.
20:21:41 >>ORLANDO GUDES: WAIT, WAIT, WAIT.
20:21:43 >>JOSEPH CITRO: I AM GOING TO KEEP IT OPEN JUST A LITTLE
20:21:45 LONGER.
20:21:46 I DON'T WANT TO HAVE TO REOPEN.
20:21:47 COUNCILMAN VIERA.
20:21:48 >>LUIS VIERA: IF COUNCIL CARLSON WANTED TO GO HE'S BEEN
20:21:52 ASKING, IF I MAY.
20:21:54 >>JOSEPH CITRO: COUNCILMAN VIERA.
20:21:56 >>LUIS VIERA: JUST REAL FAST, MR. CHAIRMAN HAD ASKED,
20:22:03 REJECTED BY MR. KRAMER, ABOUT NINE, IS THERE ANY OTHER
20:22:06 CUT-OFF TIME THAT YOUR CLIENT WOULD BE AMENABLE TO THAT YOU
20:22:09 ARE AWARE OF AT THIS TIME?
20:22:11 >>JOSEPH CITRO: I AM JUST ASKING FOR ROOFTOP.
20:22:12 THANK YOU.
20:22:13 >>LUIS VIERA: YES, SIR.
20:22:15 >> I'M SORRY, I DIDN'T FOLLOW THE DISCUSSION THERE.
20:22:17 >>LUIS VIERA: THE CHAIRMAN HAD ASKED FOR I THINK IT WAS A
20:22:21 9:00 CUT-OFF TIME FOR THE ROOFTOP.
20:22:23 AND YOU HAD FLATLY SAID NO TO THAT.
20:22:25 IS THERE ANY REDUCTION IN THE PRESENT OPEN TIME AS PROPOSED
20:22:30 THAT YOU WOULD BE AMENABLE, MAYBE NOT 9:00 BUT SOMETHING
20:22:33 OTHER THAN THAT?
20:22:35 OR IS ANY CHANGE OR MODIFICATION SOMETHING THAT YOUR CLIENT
20:22:41 WOULD SUGGEST?
20:22:42 >> YOUR QUESTION IS FOR THE ROOFTOP.
20:22:52 >> JUST OUT OF CURIOSITY.
20:22:54 >>JOSEPH CITRO: THANK YOU, COUNCIL.
20:22:57 >>LUIS VIERA: YES, SIR.
20:22:57 >>BILL CARLSON: WE CAN HEAR EVERYTHING YOU ARE SAYING IF
20:23:35 YOU GUYS ARE TRYING TO BE QUIET.
20:23:37 >> HERE IS WHAT I SUGGEST TO ADDRESS THE HOURS OF OPERATION.
20:23:42 SO LOOKING AT CONDITION NUMBER 4, WHAT WE CAN LOOK TO IS
20:23:51 REDUCING THE HOURS ON THE ROOFTOP TO ONE HOUR EARLIER THAN
20:23:58 THE INTERIOR HOURS.
20:24:00 SO WHAT THAT MEANS IS INTERIOR, IT WOULD CLOSE 11 P.M.,
20:24:05 SUNDAY THROUGH THURSDAY, AND FRIDAY AND SATURDAY.
20:24:08 THEN THE ROOFTOP WE WOULD HAVE CLOSE 10 P.M. SUNDAY THROUGH
20:24:12 THURSDAY AND 11 P.M. FRIDAY AND SATURDAY.
20:24:16 >>LUIS VIERA: THANK YOU.
20:24:20 I APPRECIATE IT.
20:24:20 >> YOU'RE WELCOME.
20:24:21 >>BILL CARLSON: MR. CHAIR.
20:24:31 IT WAS MENTIONED SEVERAL TIMES THAT THIS WOULD BE AN UPSCALE
20:24:34 RESTAURANT, AND I THINK LEGAL WILL TELL US THAT'S NOT A
20:24:38 REQUIREMENT THAT WE CAN PUT IN.
20:24:39 THEY CAN CUT ME OFF.
20:24:41 BUT THE OTHER THING I WAS WONDERING, IF MR. COTTON OR
20:24:44 SOMEONE COULD EXPLAIN HOW WHAT IS BEING PROPOSED NOW
20:24:49 COMPARES TO WHAT FLY BAR WAS LIKE.
20:24:54 I DON'T WANT TO INTRODUCE ANY TESTIMONY, BUT FLY BAR, I AM
20:25:00 WONDERING WHAT THE DIFFERENCE IS I. CITY COUNCIL ATTORNEY.
20:25:05 WHAT YOU HAVE NOW ARE EXISTING ENTITLEMENTS THAT HAVE BEEN
20:25:10 GRANTED WITH THIS SPECIAL USE.
20:25:11 AND I BELIEVE THAT IS WHAT'S RELEVANT IN THIS CASE, NOT THE
20:25:15 FLY BAR WHAT USED TO BE.
20:25:19 >>ERIC COTTON: DEVELOPMENT COORDINATION.
20:25:20 I CAN'T COMMENT ON THE FLY BAR BECAUSE I DON'T RECALL WHAT
20:25:22 THAT WAS APPROVED FOR I.DO KNOW THAT WAS APPROVED
20:25:25 PREVIOUSLY.
20:25:25 THAT WAS AN OLD WET ZONING FOR THE FLY BAR.
20:25:29 THAT WAS BEFORE THE CODE CHANGE AND WENT TO THE SPECIAL USE
20:25:32 CRITERIA WHICH ALLOWED COUNCIL TO OTHER ISSUES.
20:25:37 THE OLD WET ZONINGS WERE JUST A SITE -- COUNCIL CAN LOOK AT
20:25:41 THE SURVEY AND MAKE A DECISION.
20:25:43 BASICALLY NO CONDITION BECAUSE THAT'S THE WAY THE SYSTEM
20:25:45 WORKED AT THE TIME.
20:25:46 THE UPDATED 2009 WENT TO A SPECIAL USE.
20:25:52 RIGHT NOW APPROVAL ON THE PROPERTY THAT WAS DONE FOR A SMALL
20:25:54 VENUE, BEER, WINE AND LIQUOR, UNDER AB 120-29 THAT HAD A
20:26:00 LITTLE BIT MORE RESTRICTED HOURS THAN WHAT'S BEING PROPOSED
20:26:02 NOW, WHICH I BELIEVE WAS IN THE PowerPoint THAT WAS
20:26:05 PROVIDED BY STEARNS WEAVER.
20:26:07 BUT IF YOU WANTED TO REVIEW THOSE, AGAIN, YES, SIR?
20:26:15 >>BILL CARLSON: NO, THAT'S OKAY.
20:26:16 THANK YOU.
20:26:17 >>ERIC COTTON: OKAY. ANY OTHER QUESTIONS?
20:26:19 >>JOSEPH CITRO: ANY OTHER QUESTIONS FOR STAFF?
20:26:22 >>ERIC COTTON: OKAY, THANK YOU.
20:26:22 >>JOSEPH CITRO: COUNCIL MEMBERS?
20:26:31 >> THANK YOU.
20:26:32 I APPRECIATE IT.
20:26:37 I BELIEVE THESE CONDITIONS ARE AS FAR AS WE CAN GO.
20:26:44 AND THE HEARING WITH FLUEDRA HEARING, I BELIEVE WE WOULD
20:26:50 PREVAIL.
20:26:50 AND IF YOU AGAIN SHOT DOWN THAT RECOMMENDATION FOR THE
20:26:54 SPECIAL MAGISTRATE, WE HAVE A VERY GREAT LEGAL CASE.
20:26:58 AS SUSAN JOHNSON-VELEZ HAS POINTED OUT, THIS IS A SETTLEMENT
20:27:06 NEGOTIATION, NOT A QUASI-JUDICIAL HEARING.
20:27:08 SO ANOTHER THING YOU NOT ONLY NEED TO TAKE INTO ACCOUNT, THE
20:27:12 CONDITIONS IN THE CODE WHICH WE VEHEMENTLY BELIEVE WE MEET
20:27:17 AND EXCEED THE CONDITIONS IN YOUR CODE.
20:27:20 BUT TAKE INTO CONSIDERATION THE MITIGATION ASPECT.
20:27:27 SO I BELIEVE WE HAVE ADDRESSED THE COVER CHARGE, AND WE HAVE
20:27:31 ADDRESSED HOURS OF OPERATION TO THE GREATEST EXTENT WE
20:27:35 POSSIBLY CAN, AND WE REMOVED NOISE ON THE ROOFTOP WHICH WE
20:27:40 HEARD REPEATEDLY IS THE BIGGEST CONCERN TODAY.
20:27:43 SO WITH THAT, WE WOULD APPRECIATE AN APPROVAL OF THE
20:27:48 MEDIATED CONDITIONS AS MODIFIED TODAY.
20:27:51 >>JOSEPH CITRO: AT THIS POINT, BEFORE I TAKE A MOTION TO
20:28:00 CLOSE, I NORMALLY ASK FOR ANY DISCUSSION AFTER THE MOTION
20:28:04 HAS BEEN MADE.
20:28:06 IS THERE ANY FURTHER DISCUSSION, ANY FURTHER QUESTIONS, ANY
20:28:10 FURTHER REQUESTS, BEFORE WE CLOSE SO WE DON'T HAVE TO
20:28:14 REOPEN?
20:28:15 COUNCILMAN VIERA?
20:28:16 >>LUIS VIERA: JUST THAT STATEMENT, YOU KNOW, ON SOMETHING
20:28:19 THAT WAS SAID.
20:28:20 I MEAN, WELL, FOR FIVE, SIX MONTHS I HAVE BEEN A MEDIATOR,
20:28:25 MEDIATED LIKE 20 CASES, 15 CASES, WHICH TONS OF MEDIATIONS
20:28:31 AS A PRIVATE ATTORNEY AND THIS IS THE KIND OF CASE THAT YOU
20:28:33 CAN HAVE A 7-HOUR MEDIATION WHERE BOTH PARTIES COME IN
20:28:37 WANTING A HOME UP AND ARE KIND OF SETTLING FOR A DOUBLE OR
20:28:42 SOMETHING.
20:28:43 BUT I THINK THERE'S BEEN A LOT OF MOVEMENT, AND JUST
20:28:48 ACKNOWLEDGE THAT FOR WHATEVER THAT'S WORTH.
20:28:50 >>JOSEPH CITRO: COUNCILMAN MIRANDA.
20:28:51 >>CHARLIE MIRANDA: [OFF MICROPHONE] THAT'S AS FAR AS THEY
20:29:01 ARE GOING TO GO.
20:29:04 >>JOSEPH CITRO: COUNCILMAN GUDES?
20:29:08 COUNCILWOMAN HURTAK?
20:29:09 >>LYNN HURTAK: I JUST WANT TO MAKE SURE I AM CLEAR.
20:29:12 WE ARE GOING TO NO AMPLIFIED SOUND AND CLOSING THE ROOFTOP
20:29:15 SUNDAY TO THURSDAY 10 P.M., FRIDAY AND SATURDAY 11 P.M.
20:29:19 >> THAT IS CORRECT.
20:29:20 >>JOSEPH CITRO: THE AMPLIFIED MUSIC IS EXTERIOR.
20:29:23 >> I'M SORRY, IT IS, NO AMPLIFIED SOUND OF ANY SORT ON THE
20:29:27 ROOFTOP OR OUTDOORS.
20:29:28 >> CORRECT.
20:29:30 >>JOSEPH CITRO: MS. VELEZ.
20:29:35 SUSAN JOHNSON-VELEZ.
20:29:36 I HAVE BEEN KEEPING NOTES HERE AND I THOUGHT IT WOULD BE
20:29:38 HELPFUL TO READ THROUGH ALL THE MODIFICATIONS THAT COUNCIL
20:29:41 IS REQUESTING, AND THEN HAVE THE OWNER CONFIRM THEIR CONSENT
20:29:47 TO THOSE MODIFICATIONS SO THAT WE ARE ALL ON THE SAME PAGE.
20:29:51 SO BASED ON MY NOTES, I HAVE GOT A MODIFICATION TO CONDITION
20:29:56 4-B THAT READS, ROOFTOP OF THE ESTABLISHMENT SHALL BE
20:30:00 REQUIRED TO CLOSE AT 10 P.M. ON SUNDAY, 10 P.M. ON MONDAY
20:30:04 THROUGH THURSDAY, AND 11 P.M. ON FRIDAY AND SATURDAY.
20:30:09 AND CONDITION NUMBER 5, THE REQUESTED MODIFICATION WAS SO
20:30:13 THAT THE CONDITION WOULD READ, THERE SHALL BE NO LIVE MUSIC
20:30:17 OR AMPLIFIED SOUND OF ANY SORT ON THE ROOFTOP SPACE OR
20:30:20 OUTSIDE, PERIOD.
20:30:22 VIDEO EQUIPMENT MAY BE OPERATED ON THE ROOFTOP OR OUTDOOR
20:30:25 AREA PROVIDED THAT VOLUME ON SAID EQUIPMENT IS COMPLETELY
20:30:29 MUTED.
20:30:30 THEN CONDITION NUMBER 9, THE REMOVAL OF THE SECOND SENTENCE
20:30:35 SO THAT THE CONDITION WOULD READ THE ESTABLISHMENT IS
20:30:37 PROHIBITED FROM ANY USE OR IMPLEMENTATION OF A COVER CHARGE
20:30:41 OR ANY ADMISSION FEE AT ANY TIME FOR REGULAR PATRONAGE OR
20:30:44 SPECIAL EVENTS.
20:30:46 THOSE ARE ALL THE CHANGES THAT I HAVE.
20:30:49 ARE THOSE --
20:30:56 >> COUNCILMAN CARLSON?
20:30:58 >>BILL CARLSON: MS. JOHNSON-VELEZ, JUST TO MAKE SURE I
20:31:01 HEARD IT, YOU WERE ABLE TO INCLUDE NO OUTDOOR AMPLIFIED
20:31:06 SOUND ON THE ROOFTOP AND OUTSIDE, RIGHT?
20:31:10 >>SUSAN JOHNSON-VELEZ: CONDITION NUMBER 5 WOULD READ THERE
20:31:12 SHALL BE NO LIVE MUSIC OR AMPLIFIED SOUND OF ANY SORT ON THE
20:31:15 ROOFTOP SPACE OR OUTSIDE, PERIOD.
20:31:18 THAT'S THE FIRST SENTENCE.
20:31:19 THEN VIDEO EQUIPMENT MAY BE OPERATED ON THE ROOFTOP OR
20:31:22 OUTDOOR AREA PROVIDED THAT VOLUME ON SAID EQUIPMENT IS
20:31:25 COMPLETELY MUTED.
20:31:26 >>BILL CARLSON: AND I WILL HAVE A QUESTION IN A SECOND FOR
20:31:32 YOU BUT JUST FOR A STATEMENT OTHERS SAID, APPRECIATE THE
20:31:38 PUBLIC GIVING FEEDBACK.
20:31:39 I APPRECIATE THE OWNERS' REPRESENTATIVES NEGOTIATING ON THE
20:31:45 SPOT.
20:31:45 MS. JOHNSON-VELEZ, IF WE REJECT THIS, AND LET'S SAY IT GOES
20:31:50 THROUGH LITIGATION AND THEY PREVAIL, WE COULD END UP WITH A
20:31:54 MUCH WORSE SITUATION THAN THIS.
20:31:55 AM I CORRECT?
20:31:57 I MEAN, WHAT KIND OF CONDITION COULD THEY END UP WITH IF IT
20:32:00 ENDED IN A LAWSUIT?
20:32:02 SET LEI SIDE THE EXPENSE OF A LAWSUIT, BUT COULD THEY END UP
20:32:05 WITH WITHOUT THESE RESTRICTIONS?
20:32:08 >>SUSAN JOHNSON-VELEZ: WELL, THEY HAVE -- THERE ARE CURRENT
20:32:13 ENTITLEMENTS ON THE PROPERTY AS I BELIEVE MR. COLT ON
20:32:17 CONFIRMED, MR. SHELBY DISCUSSED.
20:32:19 THEY HAVE AN EXISTING AB-1 PERMIT, 20-29 THAT HAS CONDITIONS
20:32:24 ON IT ALREADY.
20:32:25 SO THOSE CONDITIONS WILL REMAIN.
20:32:27 WE TALKED ABOUT HOW THEY RUN WITH THE LAND SO THAT'S WHAT
20:32:30 THEY HAVE GOT TO OPERATE UNDER NOW.
20:32:32 AND IF COUNCIL CHOOSES TO APPROVE THIS ORDINANCE, IT WOULD
20:32:36 ESSENTIALLY RESCIND THAT APPROVAL AND IMPOSE THESE
20:32:39 CONDITIONS ON THE PROPERTY.
20:32:40 SO A COURT TYPICALLY WOULDN'T CHANGE CONDITIONS OF APPROVAL,
20:32:47 BUT, YOU KNOW, I DON'T KNOW WHAT THEY WOULD INCLUDE IN ANY
20:32:51 POTENTIAL LAWSUIT, BUT COUNCIL SHOULD CONSIDER THAT.
20:32:54 I THINK THAT'S BEEN MENTIONED AS A POSSIBLE AVENUE OF
20:32:58 THIS -- IF THIS SETTLEMENT IS NOT --
20:33:02 >>
20:33:02 >>BILL CARLSON: ONE POSSIBLE RESULT IS WE COULD END UP WITH
20:33:05 WHAT THEY PROPOSED ORIGINALLY, RIGHT?
20:33:12 >>SUSAN JOHNSON-VELEZ: NO F.THIS ISN'T APPROVED, THEN THE
20:33:14 EXISTING SPECIAL USE PERMIT WOULD REMAIN ON THE PROPERTY.
20:33:20 >>BILL CARLSON: YOU WANTED TO SAY SOMETHING?
20:33:25 >> IF WE WERE TO HAVE TO PROCEED TO LITIGATION, OUR REQUEST
20:33:28 TO THE COURT WOULD BE TO ASK TO APPROVE WHAT WE HAD PROPOSED
20:33:32 ORIGINALLY IN THE HEARING IN OCTOBER.
20:33:34 >>JOSEPH CITRO: COUNCILMAN CARLSON, IS THAT ALL?
20:33:42 >>BILL CARLSON: YES.
20:33:43 >>CHARLIE MIRANDA: I'M NOT A JUDGE AND I AM CERTAINLY NOT
20:33:45 AN ATTORNEY.
20:33:46 BUT YOU ARE GOING TO PROVE SOMETHING WITHOUT A CLIENT, YOU
20:33:54 CAN GO OUT AND FIND SOMEBODY, WITHOUT THEM BEING HERE.
20:33:58 >> IT'S NOT UNCOMMON.
20:34:08 >>CHARLIE MIRANDA: I'M JUST SAYING.
20:34:09 >>SUSAN JOHNSON-VELEZ: WHOEVER DOES OCCUPY THE SPACE QUO BE
20:34:13 BOUND BY THESE CONDITIONS, THOUGH.
20:34:15 >>MARTIN SHELBY: MR. CHAIRMAN, COUNCIL, IT'S ALSO THE
20:34:21 PROPERTY OWNER THAT HAS THE PROPERTY RIGHTS.
20:34:23 >>CHARLIE MIRANDA: I UNDERSTAND THAT ALSO.
20:34:24 >>JOSEPH CITRO: COUNCIL MEMBERS, BEFORE WE CLOSE, ANY OTHER
20:34:31 COMMENTS OR QUESTIONS?
20:34:33 ANY OTHER RECOMMENDATIONS?
20:34:35 >> MOTION TO CLOSE.
20:34:37 >> SECOND.
20:34:38 >>JOSEPH CITRO: MOTION TO CLOSE BY COUNCILMAN VIERA,
20:34:40 SECONDED BY COUNCILMAN MANISCALCO.
20:34:42 ALL IN FAVOR?
20:34:45 WHAT'S THE PLEASURE OF COUNCIL?
20:34:46 >>SUSAN JOHNSON-VELEZ: LEGAL DEPARTMENT.
20:34:57 I WANT TO REMIND COUNCIL YOUR THREE OPTIONS ARE TO ACCEPT --
20:35:00 WELL, YOU HAVE MODIFIED AS THE OWNER HAS AGREED TO THE
20:35:05 REQUESTED MODIFICATIONS SO YOU WOULD NOW -- IF THAT'S WHAT
20:35:10 YOU WOULD LIKE, TO MODIFY AND THEN PROCEED TO IMPLEMENT BY
20:35:15 HAVING FIRST READING OF THE ORDINANCE.
20:35:17 >>LUIS VIERA: I DON'T KNOW IF THIS IS PROPER, BUT
20:35:27 PROCEDURALLY, I WOULD MOVE FOR APPROVAL OF THE FINAL
20:35:32 PROPOSAL BY THE APPLICANT.
20:35:33 I DON'T KNOW IF THAT MEANS THAT I READ THE ORDINANCE.
20:35:36 >>SUSAN JOHNSON-VELEZ: WELL, I WAS GOING TO MAYBE SUGGEST
20:35:42 AN APPROPRIATE MOTION WOULD BE TO ACCEPT THE RECOMMENDATION
20:35:46 OF THE SPECIAL MAGISTRATE WITH CONDITIONS AS MODIFIED THIS
20:35:49 EVENING, AND AGREED TO BY THE OWNER.
20:35:52 >>LUIS VIERA: I HEREBY MOVE TO ACCEPT THE PROPOSAL FROM THE
20:35:56 MAGISTRATE WITH THE MODIFICATIONS THAT HAVE BEEN STIPULATED
20:36:00 TO BY THE APPLICANT.
20:36:01 >>BILL CARLSON: SECOND.
20:36:05 >>JOSEPH CITRO: THERE HAS BEEN A MOTION MADE BY COUNCILMAN
20:36:09 VIERA, SECONDED BY COUNCILMAN CARLSON.
20:36:13 ROLL CALL VOTE.
20:36:13 >>MARTIN SHELBY: [OFF MICROPHONE]
20:36:21 >>JOSEPH CITRO: I HAD ASKED SEVERAL TIMES BEFORE WE CLOSED.
20:36:23 >>MARTIN SHELBY: BUT NOW THERE'S A MOTION ON THE FLOOR.
20:36:27 >>JOSEPH CITRO: ANY DISCUSSION ON THE MOTION?
20:36:30 ROLL CALL VOTE.
20:36:30 >>BILL CARLSON: YES.
20:36:32 >>GUIDO MANISCALCO: NO.
20:36:34 >>LUIS VIERA: YES.
20:36:35 >>ORLANDO GUDES: NO.
20:36:37 >>CHARLIE MIRANDA: NO.
20:36:39 >>LYNN HURTAK: YES.
20:36:42 >>JOSEPH CITRO: NO.
20:36:45 >>THE CLERK: MOTION FAILED WITH MANISCALCO, GUDES, MIRANDA,
20:36:49 AND CITRO VOTING NO.
20:36:50 >>JOSEPH CITRO: THANK YOU.
20:37:06 GOING FOR INFORMATION REPORTS.
20:37:08 I WILL GO TO COUNCILMAN CARLSON.
20:37:09 >>BILL CARLSON: I DON'T HAVE ANY.
20:37:17 THANK YOU.
20:37:17 >>LUIS VIERA: I WAS GOING TO GIVE THE AMERICAN LEGION POST
20:37:20 COMMENDATION FOR WORK ON MEMORIAL DAY TO BE GIVEN ON
20:37:24 MEMORIAL DAY.
20:37:26 [SOUNDING GAVEL]
20:37:33 >>JOSEPH CITRO: AS WE ARE EXISTING, DO THAT QUIETLY,
20:37:36 PLEASE.
20:37:36 THANK YOU.
20:37:37 MOTION MADE BY COUNCILMAN VIERA.
20:37:38 SECONDED BY COUNCILMAN MANISCALCO.
20:37:40 ALL IN FAVOR?
20:37:44 MOTION CARRIES.
20:37:45 >>LUIS VIERA: AND IF I MAY, I ALSO MOVE MR. LESEM RAMOS WAS
20:37:52 A VERY FINE GENTLEMAN, HEAD OF THE TERRACE PARK CIVIC
20:37:54 ASSOCIATION FOR A NUMBER OF YEARS.
20:37:56 I WANT TO GIVE HIM A COMMENDATION FOR HIS WORK OVER ON BUSCH
20:37:59 BOULEVARD.
20:38:00 >>JOSEPH CITRO: SECONDED BY COUNCILMAN MANISCALCO.
20:38:02 ALL IN FAVOR?
20:38:03 >>LUIS VIERA: THAT'S IT.
20:38:05 THANK YOU, EVERYONE.
20:38:06 >>JOSEPH CITRO: COUNCILMAN MANISCALCO?
20:38:07 >>GUIDO MANISCALCO: THANK YOU VERY MUCH, MR. CHAIRMAN.
20:38:09 I WOULD LIKE TO MAKE A MOTION TO PRESENT A COMMENDATION AT
20:38:11 THE REGULAR SESSION MEETING ON JUNE 2nd TO THE LGBT
20:38:18 COMMUNITY RECOGNIZING JUNE AS PRIDE MONTH.
20:38:21 >>JOSEPH CITRO: MOTION MADE BY COUNCILMAN MANISCALCO.
20:38:25 SECONDED BY COUNCILMAN VIERA.
20:38:29 ALL IN FAVOR SAY AYE.
20:38:30 ANY OPPOSED?
20:38:31 >>LYNN HURTAK: NO.
20:38:46 >>MARTIN SHELBY: MEMBERS OF COUNCIL, MS. ICERMAN IS HERE.
20:38:51 WITH REGARD TO THE MOTION I SAW PEOPLE LEAVING, AND
20:38:53 UNFORTUNATELY, MR. CHAIRMAN, THE MOTION FAILED.
20:38:57 IS THAT CORRECT?
20:38:59 IN ORDER FOR YOU TO TAKE ACTION IT REQUIRES AN AFFIRMATIVE
20:39:01 VOTE OF FOUR COUNCIL MEMBERS.
20:39:03 THEREFORE, ANOTHER MOTION IN THIS CASE WOULD BE IN ORDER, IN
20:39:07 MY OPINION.
20:39:08 >>GUIDO MANISCALCO: I MAKE A MOTION TO DENY THE REPORT AND
20:39:17 RECOMMENDING -- I MAKE A MOTION TO DENY THE REPORT AND
20:39:22 RECOMMENDATION OF THE SPECIAL MAGISTRATE.
20:39:23 >> SECOND.
20:39:30 >>JOSEPH CITRO: MOTION BY COUNCILMAN MANISCALCO, SECONDED
20:39:32 BY COUNCILMAN MIRANDA.
20:39:33 ROLL CALL VOTE.
20:39:34 >>LYNN HURTAK: YES.
20:39:40 >>BILL CARLSON: NO.
20:39:42 >>GUIDO MANISCALCO: YES.
20:39:44 >>LUIS VIERA: NO.
20:39:46 >>JOSEPH CITRO: YES.
20:39:50 >>CHARLIE MIRANDA: YES.
20:39:52 >>ORLANDO GUDES: YES.
20:39:53 >>THE CLERK: MOTION CARRIED WITH CARLSON AND VIERA VOTING
20:39:57 NO.
20:39:57 >>JOSEPH CITRO: COUNCILWOMAN HURTAK.
20:40:01 >>LYNN HURTAK: IN LIGHT OF THE RECENT EVENTS IN BUFFALO,
20:40:10 AND UVALDE, I THINK IT IS IMPORTANT WE INCREASE GUN SAFETY.
20:40:17 UNFORTUNATELY, AND AGAINST THE BACK DROP OF INCREASING GUN
20:40:20 VIOLENCE IN FLORIDA, ACROSS THE COUNTRY, GOVERNOR DESANTIS
20:40:23 HAS PROMISE FLORIDIANS THAT BEFORE HE LEAVES OFFICE HE WILL
20:40:27 REMOVE THE REQUIREMENT THAT RESIDENTS WHO WISH TO CARRY A
20:40:30 FIREARM IN PUBLIC PROVE COMPETENCY IN THE SAFE HANDLING OF
20:40:34 FIREARMS.
20:40:35 I WOULD LIKE TO MAKE A MOTION ASKING TO SEND A LETTER TO
20:40:38 GOVERNOR DESANTIS ON BEHALF OF CITY COUNCIL URGING THE
20:40:41 GOVERNOR TO REVOKE HIS PROMISE TO ALLOW CARRY IN THE STATE
20:40:46 OF FLORIDA.
20:40:47 >>LUIS VIERA: I WILL SECOND ON THAT AND, IF I MAY, MAKE A
20:40:51 COMMENT IF YOU ARE FINISHED.
20:40:52 I AM GLAD YOU ARE DOING THAT, COUNCILWOMAN.
20:40:55 THANK YOU FOR THAT.
20:40:56 TAKE AWAY THE RECENT TRAGEDIES THAT WE HAVE SEEN, FOR THAT
20:41:00 TO COME TO FLORIDA IS OBSCENE.
20:41:03 YOU KNOW THE SECOND AMENDMENT, I SUPPORT PEOPLE'S RIGHT TO
20:41:10 BEAR ARMS.
20:41:11 I DO.
20:41:12 AND PEOPLE BEAR ARMS TO PROTECT THEMSELVES FOR FAMILY
20:41:15 TRADITIONS, FOR HUNTING, A WHOLE SERIES OF THINGS.
20:41:19 BUT TO BEGIN THIS -- THIS IDEA THAT WE CAN, YOU KNOW, CARRY
20:41:23 AROUND RIFLES AND EVEN SEMI-AUTOMATIC WEAPONS, ET CETERA, IN
20:41:28 PUBLIC TO ME IS JUST OBSCENE IN FLORIDA.
20:41:31 THIS IS NOT THE FLORIDA THAT I KNOW.
20:41:33 AND I DON'T BELIEVE THAT THE VARIETY MAJORITY INCLUDING MANY
20:41:36 REPUBLICANS WOULD SUPPORT THIS POLICY.
20:41:40 SO THANK YOU FOR THAT.
20:41:41 >>GUIDO MANISCALCO: CAN YOU PLEASE REPEAT THAT?
20:41:45 WHAT WAS THE LATTER PART?
20:41:47 >>LYNN HURTAK: I WOULD LIKE TO MAKE A MOTION ASKING THE
20:41:49 CHAIR TO SEND A LETTER TO GOVERNOR DESANTIS ON BEHALF OF
20:41:52 CITY COUNCIL URGING THE GOVERNOR TO REVOKE HIS PROMISE TO
20:41:55 ALLOW PERMITLESS CARRY IN THE STATE OF FLORIDA.
20:41:58 OPEN CARRY.
20:42:00 I'M SORRY.
20:42:01 OPEN CARRY.
20:42:03 I WILL AMEND THAT.
20:42:04 >>JOSEPH CITRO: MS. HURTAK, IF I MAY, I AM A CONCEALED
20:42:13 WEAPONS PERMIT HOLDER.
20:42:17 BUT THESE TYPE OF THINGS THAT WE HAVE BEEN SEEING OVER AND
20:42:20 OVER AGAIN LATELY, PEOPLE SAY IT SHOULD NEVER HAPPEN, AGAIN,
20:42:27 UNTIL IT HAPPENS, AGAIN.
20:42:29 I WOULD ALSO LIKE TO ADD WITH YOUR PERMISSION THAT THE
20:42:33 GOVERNOR TAKE A LOOK AT LOOPHOLES SUCH AS GUN SHOWS, WHERE
20:42:39 PEOPLE CAN JUST WALK IN AND BUY A GUN AND WALK OUT, THROUGH
20:42:45 NEWSPAPER SALES, WHERE THEY CAN JUST BUY WITHOUT ANY
20:42:47 BACKGROUND CHECKS, AND EXTENDED BACKGROUND CHECKS.
20:42:51 BUT IF YOU DON'T WANT TO GO THAT FAR, I UNDERSTAND.
20:42:53 AND I WILL JUST STAY WITH YOUR LETTER.
20:42:56 >>LYNN HURTAK: I GUESS IT'S THE PLEASURE OF COUNCIL, BUT I
20:43:04 WOULD REALLY LIKE TO FOCUS ON THE ONE THING THAT HE HAS
20:43:08 PROMISED.
20:43:08 >>JOSEPH CITRO: YOU GOT IT.
20:43:09 >>LYNN HURTAK: THAT I BELIEVE THAT CITIZENS ARE ASKING US
20:43:12 TO DO SOMETHING, AND UNFORTUNATELY IN FLORIDA WE DON'T HAVE
20:43:15 A LOT OF POWER, BUT WHAT WE CAN DO IS ASK HIM TO NOT -- TO
20:43:23 REVOKE THE PROMISE HE HAS MADE, IN ORDER TO PROTECT OUR
20:43:27 CITIZENRY.
20:43:28 >>JOSEPH CITRO: THANK YOU.
20:43:29 MOTION MADE BY COUNCILWOMAN HURTAK.
20:43:31 SECONDED BY COUNCILMAN VIERA.
20:43:38 ALL IN FAVOR?
20:43:41 I'M SORRY, COUNCILMAN CARLSON?
20:43:44 ANYTHING YOU WANTED TO ADD?
20:43:47 >>BILL CARLSON: NO, I WANT TO TALK ABOUT SOMETHING ELSE IN
20:43:49 A MINUTE WHEN YOU GET A CHANCE.
20:43:50 >>JOSEPH CITRO: I WILL BE DOING A ROLL CALL.
20:43:52 ROLL CALL VOTE, PLEASE.
20:43:53 >>LYNN HURTAK: YES.
20:43:56 >>BILL CARLSON: YES.
20:43:57 >>GUIDO MANISCALCO: YES.
20:43:58 >>LUIS VIERA: YES.
20:44:00 >>CHARLIE MIRANDA: YES.
20:44:01 >>ORLANDO GUDES: YES.
20:44:02 >>JOSEPH CITRO: YES.
20:44:03 >>THE CLERK: MOTION CARRIED UNANIMOUSLY.
20:44:04 >>JOSEPH CITRO: DO YOU HAVE ANYTHING ELSE?
20:44:11 COUNCILMAN GUDES?
20:44:12 >>ORLANDO GUDES: NO.
20:44:13 >>JOSEPH CITRO: COUNCILMAN MIRANDA?
20:44:19 COUNCILMAN CARLSON?
20:44:20 >>BILL CARLSON: I APOLOGIZE, I FORGOT I HAD RECUSAL FORMS
20:44:24 FROM LAST WEEK.
20:44:25 I DON'T HAVE THEM IN FRONT OF ME BUT I THINK THEY HAVE THEM
20:44:30 IF I CAN PLEASE MAKE A MOTION TO RECEIVE AND FILE.
20:44:33 >>JOSEPH CITRO: MOTION MADE BY COUNCILMAN CARLSON, SECONDED
20:44:36 BY COUNCILMAN MANISCALCO.
20:44:37 ALL IN FAVOR?
20:44:39 THANK YOU.
20:44:39 >> [OFF MICROPHONE]
20:44:59 >>MARTIN SHELBY: FILE VAC 22-45, AND VAC 22-15.
20:45:05 >>JOSEPH CITRO: MOTION MADE TO RECEIVE AND FILE BY
20:45:09 COUNCILMAN MIRANDA.
20:45:10 SECONDED BY COUNCILMAN MANISCALCO.
20:45:12 ALL IN FAVOR?
20:45:13 WITHOUT OBJECTION, WE ARE ADJOURNED.
20:45:16 [ MEETING ADJOURNED ]
20:45:30
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