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From YouTube: TCC 5-26-22 PM Full
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A
B
B
D
A
A
A
Let's
start
our
meeting
with
item
agenda
number
one
tacpa
21-27,
mr.
E
Chairman,
if
I
can
is
mr
vieira
was
he,
do
you
see
him
online.
F
This
is
the
amendment
that
serves
as
the
10-year
water
supply
facilities
work
plan
amendment.
This
is
an
adoption
hearing
this
evening.
You
all
heard
this
item
back
in
february
at
transmittal
one
one
item
for
the
record
that
I
will.
E
Mr
shelby,
I'm
sorry
thank
you,
mr
chairman
mark.
I
apologize
martin
shelby
city
council
attorney
tonight's
meeting
is
available
to
be
watched,
listen
and
viewed
on
section
spectrum,
channel
640
in
frontier
channel
15
and
on
the
internet
at
tampa.gov
forward.
Slash
live
stream.
Now
members
of
the
public
may
participate
in
city
council
by
attending
either
in
person
or
virtually
through
video
teleconferencing
referred
to
by
florida
statutes
and
rules
as
communications
media
technology.
E
Cell
phones
and
smartphones
are
not
compatible
as
they
will
not
allow
you
to
share
your
camera
when
connected
also
on
the
go
to
meeting
platform.
If
you
are
on
the
go
to
meeting
platform,
please
be
advised,
there
is
a
chat
box.
Please
do
not
use
that
chat
box
to
communicate
with
city
council
members.
E
A
A
F
F
This
is
the
amendment
that
serves
as
the
10-year
water
supply
facility's
work
plan
amendment.
This
is
an
adoption
hearing
this
evening.
This
item
came
before
you
for
transmittal
back
in
february.
One
item
I
wanted
to
note
for
the
record
we
discovered
earlier
today
that
an
older
version
of
the
packet
was
inadvertently
on
sire.
We
did
send
an
email
to
to
this
council
there's
also
a
hard
copy
here
that
has
the
correct
version
of
the
packet
and
it's
also
been
corrected
in
sire.
But
I
wanted
to
note
that
for
the
record.
F
Some
background
on
this
amendment
excuse
me
some
background
on
this
amendment.
This
is
a
publicly
initiated
amendment.
This
amendment
is
required
by
chapter
163
in
the
florida
statutes.
It's
required
following
the
adoption
of
the
regional
water
supply
plan
by
the
water
management
district,
the
water
management
district
adopted
the
regional
water
supply
plan
back
in
may
of
2020,
and
so
we
are
moving
forward
to
meet
the
statutory
requirement
to
update
the
comprehensive
plan.
F
As
noted
in
your
packets
first,
a
replacement
of
the
existing
tenure
water
supply
facilities,
work
plan
table
that
is
in
the
potable
water
section,
so
there's
a
complete
strikethrough
of
the
existing
table
and
a
replacement
with
the
new
table.
We
also
have
some
edits
and
updates
to
the
water
related
language
in
the
potable
water
and
infrastructure
sections
of
the
plan.
F
In
terms
of
a
consistency
review,
the
the
proposed
amendment
is
consistent
with
both
governmental
policies
and
potable
water
policies
related
to
the
regional
water
supply
plan.
It's
also
consistent
with
alternative
water
supply
and
conservation,
objective
1.26
in
the
environmental
section,
as
well
as
potable
water
objective
1.2
about
meeting
future
water
demands.
These
are
just
a
sample
of
the
objectives
and
policies
that
were
relied
upon
for
consistency.
The
full
list
is
available
in
your
packet.
F
We
did
provide
this
amendment
to
state
local
and
regional
agencies,
including
the
southwest
florida,
water
management,
district
and
tampa
bay
water.
We
received
no
objections
from
reviewing
agencies,
no
objections
from
deo
and
we
did
receive
comments
from
the
three
agencies
noted
here:
epc,
the
transportation
planning
organization
and
the
city
of
tampa.
F
And
for
a
recommendation,
planning
commission
recommends
the
proposed
text.
Amendment
tacpa
21-27
be
found
consistent
with
the
goals,
objectives
and
policies
of
the
imagine
2040
tampa
comprehensive
plan,
and
this
concludes
my
formal
presentation
this
evening.
Again
this
is
an
adoption
hearing
I'm
available.
If
there
are
any
questions.
C
C
Yeah
that,
as
I
read
the
I
just
looked
at
the
document
to
make
sure
I
had
read
the
correct
one,
but
in
the
chart
at
the
end,
it
specifically
says
pure,
it
doesn't
say,
potable
water
sources.
It
says
pure,
is
that
am
I
reading
the
correct
version
of
it.
C
F
Yeah,
so
the
table
is
consistent
with
what
was
approved
within
the
the
capital
improvements
element
or
receiving
the
capital
improvements
program.
So
whatever
was
were
approved
projects
within
the
cip
it.
It
is
consistent
with
the
the
numbers
in
the
projects
in
those
in
that
document.
C
Yeah,
I
would
just
say-
and
this
is
not
directed
at
a
planning
commission,
but
to
my
colleagues
you
know
the
water
department
is
trying
to
fill
the
community
with
a
thousand
paper
cuts
on
this
pure
issue.
We
don't
need
it
every
bit
of
legal
advice
and
legislative
advice.
I've
gotten
is
that
we
have
an
exception
already.
If
we
applied
for
it,
the
staff
doesn't
want
to
apply.
They
want
to
waste
money.
C
We
heard
this
morning
how
the
public
is
tired
of
water
at
rate
increases
in
tax
increases
and
they
don't
want
their
water
rates
doubled,
so
they
can
drink
potty
water.
I
I
think
it's
offensive
that
the
staff,
not
not
the
planning
commission
but
the
water
department
staff-
would
bring
this
back
to
us.
They
need
to.
They
need
to
jettison
this
project.
If
the
city
staff
and
the
mayor
care
about
the
community,
they
would
get
rid
of
this
project
because
the
community
doesn't
want
it,
they
don't
want
to
pay
for
it.
C
The
committee's
not
aware
that
this
is
happening,
they're,
not
aware
that
this
thing
is
moving
forward
and
inch
by
inch,
but
we
need
to
stop
it
where
we
can,
and
so
I'm
definitely
definitely
going
to
vote
against
this.
I
vote
against
anything
that
has
pure
in
it
and
call
people
in
tallahassee
and
ask
them
what
they
think
about
this.
It's
it's
a
ridiculous
waste
of
money
and
we
need
to
find
out
who's
behind
it
and
why
and
why
the
water
department
keeps
pushing
it.
Thank
you.
Councilman
miranda.
G
Thank
you
very
much,
mr
chairman.
Let
me
just
say
that
when
you
look
at
this
thing
and
you
understand
that
we
have
a
contract
with
our
citizens,
give
the
best
water
at
the
best
price.
So
I
will
challenge
any
person,
including
the
elected
official,
to
look
at
the
water
rates
of
the
city
of
tampa
compared
to
saint
p,
clearwater.
Anyone
in
this
area-
and
you
tell
me
which
is
the
lowest
water-
I'm
not
going
to
tell
you
which
one
it
is.
G
G
But
if
you
go
to
page
six,
which
is
the
the
top
left
hand,
side
says:
hillsborough
county
planning,
commission
resolution
to
the
city
of
tampa
tacap
2127
and
you
look
to
the
opposite
side,
maintain
wall,
water
sources,
permitted
by
the
southwest
water
management
district
and
provided
tested
water
to
provide
a
minimum
growth,
steady
capacity
of
125
gallons.
That's
the
annual
average
additional
capacity
city
withdrawal
permit
to
meet
all
levels
of
services
available
through
the
tampa
bay,
water
and,
specifically,
an
existing
interlocal
agreement
of
1998..
G
What
does
it
mean?
That
means
that
we
have
the
right
to
buy
water
from
tampa
bay
water
if
there
was
a
need
to
buy
water
and
sometimes
during
the
current
years,
there's
always
been
a
need
to
buy
water
and
we
buy
water
and
we
sell
water.
We
buy
water
from
tampa
bay,
water
and
at
times
they
buy
water
from
us.
So
there's
a
point,
a
point
in
place
that
for
the
survivability
of
this
whole
area,
this
area
is
growing.
G
G
However,
at
the
conjunction
of
the
year
you
cannot
average
more
than
82
million
gallons
of
day
water
usage
or
produced
the
usage
you
can
go
over,
but
the
production
of
the
david
tippin
plant
cannot
go
over
82
million
gallons
a
day
and
that's
a
contract
that
we
have
with
south
walk
southwest
water
management,
and
that
goes
all
the
way
up
to
the
state
of
florida.
Everything
here
is
reviewed
by
different
agencies,
not
by
high
or
anyone
else.
It's
reviews
by
the
agency,
just
like
your
planning
commission
reviewed
it.
G
H
I,
while
I
do
under
understand
that
I
I
also
am
very
concerned
about
the
pure,
not
because
I
I
haven't
had
enough
time
to
truly
study
the
project
from
a
council
member's
perspective,
but
from
a
neighbor
perspective,
and
what
what
my
neighbors
and
my
constituents
are
telling
me
is
that
they're
concerned
about
this.
So
I'm
happy
to
revisit
it
later
when
we're
actually
talking
about
pure,
but
to
have
this
here,
it
is
just
a
no-go
for
me
like.
H
I
can't
I
can't
vote
for
it
and
I'm
happy
that
if
it's
something
that
we
decide
to
do
later,
to
add
it
back
on,
but
it's
it's
just
not
going
to
happen
for
me
in
in
talking
about
how
much
water
we're
allowed
to
pull
out.
I'm
also
concerned
that
there's
no
there
I
mean.
I
know
we
do
some
education,
but
we
have
to
stop
people
from
using
that
potable
water
on
their
lawns.
H
We
have
to
do
something
about
that
and
I'm
not
seeing
anything
that
we're
doing
regarding
that
in
this
work
plan.
A
D
I
You
know,
since
2019
we've
been
talking
about
the
pure
project
toward
the
tap
project
and
it's
controversial,
and
I
don't
think
it
has
been
settled.
I
think
we've
got
studies
out
now
that
are
going
on,
so
I
I
can
see
mr
miranda's
point
of
of
of
knowing
what
we're
doing,
but
also
mr
cross
is
pulling
up
right
now,
we're
at
a
stage
to
where
we're
that
controversy
about
the
pure
project.
Why
is
it
in
this
document
right
now?
I
So
I
guess
that's
what
my
confusion
is
of
why
it's
there
versus,
if
we're
not
set
in
stone
to
do
this
project.
Why
is
why?
Is
it
in
this
document
today.
F
So
so
these
dot,
these
projects
were
provided
to
us
by
by
the
city
of
tampa,
and
my
understanding
is
that
these
projects
and
and
the
funding
is
consistent
with
what
is
in
the
the
cip.
So
what
is
in
the
capital
improvement
program?
F
F
Because
ma'am,
I
don't
I
I'm
looking,
I
I
don't
see
any
specific
education
projects.
You
know
this.
This
list
is
not
necessarily
completely
exhaustive.
There
may
be
other
education
projects
that
are
not
specifically
reflected
in
here
that
that
may
be
in
other
city
programs
or
city
documents.
E
And
if
my
understanding
is
the
source
of
this
is
the
the
adopted
cip.
E
A
K
Yes,
sir,
thank
you
very
much.
You
know
in
in
looking
at
this.
Let
me
ask
staff
this.
I
mean,
I
think
the
answer
is
no,
but
is
there
any
sort
of
immediate
urgency
for
passing
this?
Where
a
one
week
delay
you
know
to
be
further
briefed
on
it
would
somehow
prejudice
the
the
involved
parties,
because
I
want
to
make
sure
that
I
have
all
the
information
before
me
before
I
go
one
way
or
the
other
and
and
what
not
just
I
personally
me.
K
I
didn't
anticipate
this
and
I
just
want
to
make
sure
that
I
have
all
the
information.
That's
all
you
know.
F
K
Yes
does
a
continuance
of
one
week
in
any
way
prejudice
any
of
the
involved
parties.
F
I
mean
I,
I
think,
from
planning
commission
perspective.
A
one-week
extension
would
would
be
acceptable.
We
are
under
a
deadline
to
get
this
adopted
by
the
state,
so
you
know
we
want
to
make
sure
that
we
do
move
this
forward
and
I
think
jennifer
malone
may
have
something
to
add.
L
Jennifer
with
the
planning
commission,
we
would
we'll
take
the
you
know,
we're
very
gracious
and
that's
that's
great.
The
one
week
extension
we're
just
going
to
have
to
send
a
letter
to
the
department
of
economic
opportunity
to
let
them
know
that
we're
still
working
on
this
item
with
the
state,
because
there's
a
legally
mandated
timeline
that
has
to
get
adopted.
Thank
you.
G
One
week
is
fine
with
me
also,
but
just
to
say
that
mr
chuck
guard
is
the
general
manager
of
tampa
bay
water.
I
believe
he's
due
to
address
council
either
on
the
2nd
of
june
or
the
9th
of
june,
I'm
not
certain
which
week,
but
he
would
have
that
the
reason
10
years
in
any
water
project
in
any
city
and
any
district
in
any
part
of
the
districts,
it's
a
short
period
of
time,
because
it
takes
an
enormous
amount
of
time
to
get
all
the
permits,
the
constructive
money
and
everything
else
to
do
something.
G
So
I'm
just
saying
that
when
you
see
the
report
from
tampa
bay
water,
what
they're
doing
they
got
a
10
20
and
beyond.
So
you
have
to
be
prepared,
especially
for
the
population
influx
that
we're
having
not
only
in
tampa
but
throughout
the
state
of
florida,
and
I'm
not
opposed
to
a
one
week.
I
can't
speak
for
anyone
else.
H
C
Yes
hear
me:
okay,
yes,
thank
you,
sir
yeah
and
don't
forget-
I
won't
be
here
next
week,
so
we'll
be
voting
without
what
our
apartment
may
like,
but
if
we
could
put
it
out
for
a
couple
weeks,
this
first
of
all,
we
passed
a
motion
six
months
or
a
year
ago
to
request
that
staff
not
put
an
agenda
item
before
us
unless
the
summary
said
pure
in
it-
and
I
was
just
looking
at
the
summary
of
this-
that
says:
potable
water
reuse,
but
it
doesn't
stay
pure
and
I
think
that's
misleading
and
it
doesn't
follow
city
council
guidelines.
C
So
I
would
say
first
of
all,
from
my
point
of
view,
it
wasn't
noticed
correctly
and
that's
not
the
planning
commission's
fault,
but
whoever
gave
this
to
the
clerk.
C
They
should
have
made
sure
that
we
knew
that
and
if
we
voted,
if
we
accidentally,
I
don't
know
how
the
vote
was
on
that
cip,
but
if
we
accidentally
voted
for
that
in
it
and
it
wasn't
on
the
agenda
and
they
slid
it
in
like
this-
has
slid
in
at
the
very
end.
This
is
like
almost
the
last
line
in
this
document.
C
It
we
should
be
worried.
The
public
should
be
worried
about
this.
We
know
there
have
been
transparency
issues
in
the
water
department.
Mr
tack
was
at
her.
Neighborhood
association
with
the
head
of
the
water
department
got
up
and
laughed
when
asked.
If
this
project
would
cost
several
billion
dollars,
and
we
know
from
their
own
consultants
that
it
will,
but
then
they
sent
a
scathing
email
to
me,
saying
that
that
you
should
know-
and
we've
informed
you
that
the
standard
practice
in
the
industry
is
the
only
mentioned
capital
cost,
not
total
cost
over
30
years.
C
Well,
first
of
all,
that's
not
accurate.
I've
talked
to
a
lot
of
engineers,
it's
very
misleading
and,
to
be
honest
and
open
with
the
public
about
this
project.
There's
a
lot
of
problems
with
it.
I
won't
go
through
here,
but
we
could
easily
ask
the
state
for
an
exception,
based
on
what
we're
doing
already
that
the
sustainability
said
that
the
water,
although
it
has
impurities
and
it
is
cleaner
than
the
water
coming
from
the
hillsborough
river,
so
we
should
apply
for
an
exception.
C
C
The
issue
with
this
is
is
how
they're
doing
it,
how
they're
going
about
it
they're
doing
it
in
secret
they're,
not
communicating
with
the
public
effect,
without
even
communicating
honestly
with
city
council
and
when
asked
a
year
or
so
ago,
when
I
asked
what's
the
chief,
what's
the
setting
aside
price,
what's
the
safest
best
method
to
to
treat
this,
the
the
consultant
said
not
reverse
osmosis,
yet
sierra
club
and
others
showed
that
nine
out
of
ten
of
these
used
first
osmosis
we've
got
a
reverse
osmosis
plant
that
happens
to
be
owned
by
tampa
bay
water.
C
C
And
yes,
the
rates
are
low,
as
they
presented
to
us
three
years
ago,
they're
one
of
the
lowest
in
the
state,
but
that
doesn't
mean
anything
to
the
people
that
were
there
this
morning,
complaining
that
that
their
costs
keep
going
up
up
up
and
up,
and
even
if
we
only
raise
it
forty
dollars
a
month,
that's
still
a
lot
of
money
for
some
people,
it
might
mean
the
difference
between
medicine
and
no
medicine,
and
especially
for
something
we
don't
need,
and
this
is
the
problem,
if
you
look
20
years
into,
if
you
look
50
years
or
100
years
in
the
future,
the
city
of
tampa
is
not
going
to
need
50
million
gallons
a
day
and
in
in
water
to
spend
that
money
now
for
something
we
don't
need
in
a
hundred
years.
C
Why
should
we?
Why
should
we
burden
the
next
four
generations
of
tempenos,
because
somebody
in
the
water
department
wants
a
project
now
and
they
just
want
it
for
whatever
reason
it's
not
an
just
because
they
want.
It
is
not
an
acceptable
reason
to
sell
our
our
our
our
residents
with
this
and
and
if
your
kids
are
like
mine
and
they
find
out
that
they're
drinking
potty
water,
they're,
gonna,
drink,
bottled
water
and
guess
how
much
pollution
that's
gonna
cause
it's
not
a
it's,
not
a
good
solution.
C
It's
not
a
sustainable,
and
I
maybe
I
didn't
mention
this,
but
if
you
look
closely
at
the
documents,
engineering
firm
that
was
hard
to
do.
This
they're
experimenting
on
a
new
procedure
to
to
serve
the
city
of
tampa.
Why
are
we
paying
for
their
r
d?
Instead,
we
should,
if
we're
going
to
do
this,
we
should
use
the
tried
and
true
methods
that
nine
out
of
10
cities
use
on
it
and
we
should
be
safe
and
not
experimental,
with
high
cost
for
our
residents.
Thank
you.
K
Mr
chair,
if
may
I,
mr
chair,
yes
thank
you
to
the
staff,
because,
obviously
we
want
all
council
members
here,
including
councilman
carlson
who's,
obviously
very
passionate
about
this,
and
we
respect
that.
I
I
respect
that.
Would
two
weeks
be:
okay,.
A
A
C
L
Jennifer
malone
again
with
your
planning
commission:
this
is
a
map
amendment
for
jackson,
heights
cemetery.
This
is
part
of
the
parks
project
where
we're
trying
to
take
every
park
on
the
city's
dedicated
park
list
and
convert
it
to
a
recreational
open
space
future
land
use.
So
nothing
is
changing
with
the
cemetery.
It's
just
on
the
city
of
tampa's
dedicated
park
list
and
it
needs
the
appropriate
land
use.
L
L
This
is
in
the
central
tampa
planning
district
in
the
east,
tampa
urban
village,
as
well
as
the
jackson
heights
neighborhood.
Here
it
is
outlined
in
purple,
it's
just
south
of
glendale
north
of
east
lake.
L
And
then
here's
the
adopted
future
land
use
map
it's
under
the
public,
semi
public
future
land
use
right
now
and
again.
This
would
just
convert
it
to
the
recreational
open
space
to
be
consistent
with
a
lot
of
the
other
parks
in
the
city
through
this
work
that
we're
doing
to
update
the
map
to
be
consistent
with
the
day
of
the
heated
perk
list,
it's
not
changing
any
of
the
entitlements,
because
public
semi-public
has
no
limit
in
density
or
intensity
and
then
in
recreational
open
space.
It
is
not
applicable.
L
M
H
D
L
Jennifer
malone
again
with
your
planning
mission:
these
are
publicly
initiated
policies
by
this
tampa
city
council
to
add
some
cemetery
language
to
our
comprehensive
plan.
This
is
a
transmittal
hearing,
so
this
is
just
transmitting
this
to
the
department
of
economic
opportunity.
It'll
be
back
before
you
for
adoption
later
this
year.
So
again
a
reminder
at
their.
At
your
february
third
regular
meeting,
you
approved
a
motion
to
initiate
a
plan
amendment
after
the
planning
commission
brought
you
all
some
research
back
about
cemeteries,
an
overview.
L
L
It's
defining
cemeteries
and
unmarked
human
burial.
It's
also
protecting
tampa
cemeteries
and
promoting
their
preservation
and
encouraging
privately
owned
cemeteries
to
be
designated
in
appropriate
future
land
use.
It
is
consistent
with
our
comprehensive
plan
policies
looking
at
the
area's
cultural
values
and
placing
a
high
priority
on
acquiring
and
preserving
open
space.
L
And
there's
another
consistency,
policy
about
no
parkland
shall
be
diverted
to
other
uses,
except
in
instances
of
overriding
public
interest.
The
planning
commission
found
it
consistent.
I
also
just
want
to
point
out
we
work
very
closely
with
city
staff
on
this
language.
I
know
frank
hall
is
here
right
now,
so
this
was
done
in
collaboration
with
city
planning,
department
and
city
staff.
So
that
concludes
my
presentation.
Thank
you.
Any.
A
Motion
move
to
close
by
councilman
manuscotta
seconded
by
councilman
goods,
all
in
favor
aye.
A
D
C
Motion
carry
unanimously.
Mr
chair,
can
I
just
say
one
thing:
councilman
carlson.
Thank
you
just
thank
you
to
all
the
staff
and
everyone,
and
whoever
proposed
this
just
a
really
important
thing
to
move
forward.
It
seems
like
a
quick
decision,
but
considering
all
the
all
the
issues
regarding
cemeteries
and
how
they
were
used
or
misused
it's
it
was.
This
is
a
really
important
thing
to
have
passed
so
thanks.
Everybody.
L
L
This
is
the
same
intent
as
thcpa
2111,
which
removed
the
ability
to
utilize
floor
area
ratio
for
single-use
residential
development
in
the
south
tampa
and
new
tampa
planning
districts
in
certain
future
land
use
categories
that
was
community
mixed
use,
35,
community
commercial
35
and
urban
mix
260..
That
text
amendment
was
initiated
by
this
council
based
on
concerns
from
the
community.
L
The
council,
then
earlier
this
year,
asked
that
we
kind
of
expand
upon
that
text
amendment
to
include
the
regional
mixed
use
100.,
so
we
had
to
start
a
whole
new
amendment
because
it's
difficult
to
change
language
when
you're
too
far
into
the
process.
So
again,
this
removes
the
allowance
for
single-use
residential
structures
to
apply
the
four-area
ratio
to
determine
maximum
development
potential
in
the
new
and
south.
Tampa
planning
district
here
is
a
map
of
the
regional
mixed
use
100
by
planning
district.
So
this
is
our
very
high
intensity.
Future
land
use
category.
L
It's
channel
district,
it's
west
shore
in
the
south,
tampa
planning
district.
The
neighborhood
that's
kind
of
affected
by
this
is
circled
in
the
yellow.
It's
essentially
the
beach
park,
neighborhood,
so
that
I
think
I
have
a
letter
in
the
packet
that
is
the
neighborhood
that
came
before
this
council
and
asked
that
this
was
included.
L
It's
also
going
to
provide
growth
in
this
area
of
the
city,
while
incentivizing
mixed-use
development,
which
is
encouraged
by
the
comprehensive
plan.
So,
as
I
said
before,
this
is
for
single-use
residential
development.
A
developer
would
still
be
able
to
use
the
floor
area
ratio
to
determine
the
maximum
development
potential
if
they
do
a
vertically
integrated
development,
and
with
that,
the
planning
commission
found
this
consistent
and
again.
This
is
a
transmittal
hearing
slip
back
before
you
for
adoption
and
I'm
available
for
any
questions.
A
G
A
H
A
Thank
you,
ladies
and
gentlemen.
Again
councilman
vera
is
going
to
be
leaving
us
at
six
o'clock.
A
We
have
an
agenda
item
that
there
is
going
to
be
a
lot
of
public
comment
and
I
want
to
make
sure
the
councilman
vieira
is
in
is
here
for
that
not
only
to
hear
public
comment,
but
if
this
is
going
to
be
voted
on,
you
need
four
affirmative
to
either
approve
or
deny
with
councilman
vieira
gone.
We
may
have
a
3-3
tie,
so
I
hope
you
understand
when
I
say
that
we're
going
to
hear
agenda
item
number
seven
next.
K
Thank
you
and
and
to
the
public
I'm
at
as
you
can
tell,
but
it's
bear
behind
me
I'm
at
pepin
center.
It's
I
was
asked
to
speak
for
the
graduation
of
pepin
academies,
which
should
probably
take
me
15
minutes,
they're,
going
to
pull
me
out
of
this
room
and
then
pull
me
right
back.
So
just
let
the
public
know
why
I'm
out
here
so
to
speak
today
and
thank
everybody
for
your
accommodation.
I
appreciate
it.
Thank
you.
D
C
D
N
You
so
much
can
I
please
be
sworn
in
with
the
rest
of
my
staff.
I'm.
N
N
N
This
is
being
heard
for
first
reading
consideration
at
the
location,
one
seven
one:
five
west
powell
hatton
avenue
proposed
rezoning
from
rs
60
residential
single
family
to
rs
50,
residential
single
family.
It's
not
right!
I'm
sorry!
I'm
sorry!
Number!
Seven!
Sorry!
Let's
go
back
again!
Item
number
seven
case:
rez
21-131.
N
L
Jennifer
malone:
this
is
located
in
the
university
planning
district.
It's
a
level
c
evacuation
zone
river
shore
drive
park
is
approximately
one
block
to
the
north
of
the
site.
That's
the
closest
public
recreational
facility.
There's
a
transit!
Stop
about
430
feet
to
the
southeast
of
the
subject
site
at
the
intersection
of
north
lee
place
and
west
hillsborough
avenue
it's
gonna
zoom
out.
Hopefully
I
don't.
Okay,
there
we
go
so
this
is
just
located
just
north
of
west
hillsboro
avenue,
it's
south
of
the
river
along
north
perishing
place.
L
The
future
land
use
of
the
subject
site
is
residential
10.,
we're
very
close
to
west
hillsborough
avenue.
So
it's
it's
immediately
adjacent
to
this
pink
color.
These
are
the
community
mixes
35
which
allows
commercial
uses.
So
we
see
how
close
this
lot
is
to
those
lands
designated
with
the
allowance
of
commercial
uses,
and
we
see
that
all
along
west
hillsborough
avenue
the
the
orange
is
residential
10.
L
So
that's
that's
the
predominant
future
land-use
designation
in
the
neighborhood,
so
we've
reviewed
the
application
and
planning
commission
staff
found
no
adverse
impacts
to
the
surrounding
neighborhood.
We
did
find
that
the
average
density
of
the
street
is
a
5.73
dual
units
per
acre,
so
that's
approximately
57
of
the
allowable
density
planned
for
under
the
residential
10
future
landing
designation.
L
So
the
request
proposes
those
two
single
family
units
at
an
overall
density
of
7.3
units
per
acre,
so
the
proposed
density
is
consistent
with
what
we're
trying
to
achieve
under
the
residential
10
feature
and,
ladies
category,
that
really
calls
for
10
dwelling
units
an
acre
if
at
all
possible.
So
the
again,
the
comprehensive
plan
supports
this
policy
direction
and
the
plan's
housing
policies
which
encourage
new
housing
on
vacant
or
underutilized
land
to
ensure
that
an
adequate
supply
of
housing
is
available
to
meet
the
needs
and
preferences
of
tampa's
present
and
future
population.
L
N
Thanks
so
much
zane
hussein
development
coordination
case,
rec
21-131,
the
location
5406
north
pershing
place
proposed
rezoning
from
rs50
residential
single
family
52
pd
plan
development,
this
to
allow
for
the
property
to
have
two
residential
single
family
detached
houses.
I've
shared
the
overhead
aerial,
as
you
can
see
the
property.
Let
me
zoom
in
a
little
bit.
N
There
are
two
lost
lob,
two
and
lot
three
for
approximate
0.28
acres
or
12
000
square
feet,
total
in
size
to
the
north,
all
the
way
to
the
north
to
the
south,
east
and
the
west.
You
will
find
residential
single-family
homes
also
to
the
south
you'll
find
a
property
or
zoned
cg,
which
is
an
office
space
as
I'll
show
you
in
the
pictures
to
come.
N
N
Development
coordination
has
found
this
project
to
be
consistent
with
the
code
staff
has
provided
a
revision
sheet
for
the
applicant
to
provide
between
first
and
second
reading,
if
approved
by
council.
I'm
here
for
any
questions,
if
needed.
Mr
hey
any
questions
to
staff.
A
P
Yeah
we're
it's
for
a
5406.
G
D
Q
A
P
E
J
E
E
I
R
Is
made
from
the
city,
we
do
provide
interpreters,
but
if
we
don't
receive
the
request,
then
that
opportunity
is
not
available.
G
P
E
I'm
I'm
concerned
that
that,
in
order
to
have
this
hair
heard
properly,
that
perhaps
it
needs
to
be
continued
to
have
a
translator
present.
I
I
don't
want
this.
D
D
E
H
A
H
A
H
Okay
file
number
rec,
21-131
ordinance
being
presented
for
first
reading,
consideration
an
ordinance
rezoning
property
in
the
general
vicinity
of
5406
north
pershing
place
in
the
city
of
tampa
florida
and
more
particularly
described
in
section
one
from
zoning
district
classification,
rs50
residential
single
family
to
planned
development,
residential
single
family
detached
providing
an
effective
date.
Second,.
A
A
D
A
D
G
N
I
Miss
jim
question
for
miss
wells
says
this
was
again.
Sometimes
we
don't
know
to
know.
Luckily
this
was
kind
of
easy
for
us
because
it
could
have
been
complicated.
Is
there
anything
on
our
phones
or
when
people
apply
if
they
need
interpreters
or
they're,
asked.
D
R
H
H
I
agree
with
councilman
gootz.
Maybe
there
can
be
a
check
box
somewhere,
because
we
also
experience
this
a
lot
on
the
variance
review
board.
So.
A
N
I
A
I
missed
you
saying
I
don't
want
to
stop
this
next
hearing
in
the
middle.
If
councilman
maniscalco
comes
back.
O
Q
O
B
N
Mr,
please
continue
thank
you
so
much
sir
zane
hussain
development
coordination
agenda
item
number
eight
here
case:
rec
22-25
for
the
location,
1715
west
powhatan
avenue
proposed
rezoning
from
rs50.
I'm
sorry,
rs60,
residential
single
family,
2,
rs,
50
residential
single
family,
now
pass
it
along
to
our
planning
commission.
L
Jennifer
mullen
with
the
planning
commission,
this
is
a
zane
stated.
This
is
on
west
powton
avenue
it's
in
the
university
planning
district.
I
have
an
ariel
here,
so
we
have
north
rome
avenue
and
then
west
paltent
avenue
here.
So
it's
the
university
planning
district,
it's
in
the
level
d
evacuation
zone,
the
river
is
just
to
the
east
of
the
site.
The
closest
transit
stop
is
about
a
quarter
mile
to
the
southeast
of
the
site.
L
Wellswood
park
is
the
closest
public
recreational
facility
and
the
surrounding
area
is
really
defined
by
that
single
family
detached
development
pattern,
which
is
reflected
when
I
show
the
future
land
use
map
that
r10
is
the
orange,
so
that's
typically
single
family
detached
you
see
it
to
the
north,
south
east
west,
the
lighter
brown
to
the
east,
that's
residential
20,
along
north
rome.
That
allows
a
little
bit
of
a
higher
density
for
residential
uses.
L
The
red
is
community
commercial
35
that
allows
for
commercial
intensive
uses,
so
planning
commission
staff
reviewed
this
application
and
found
no
adverse
impacts
to
the
surrounding
neighborhood.
This
street
has
an
existing
average
density
of
six
units
per
acre.
So
that's
about
60
of
the
density
is
utilized
on
the
street.
The
rezoning
will
allow
for
better
better
utilization
of
the
land
and
is
consistent
with
the
density
anticipated
in
the
residential
10
future
land
use.
L
So
it
will
not
alter
the
character
of
the
surrounding
area
and
it
is
compatible
with
the
surrounding
development
pattern
and
I'll
just
also
point
out
those
housing
goals
to
provide
an
adequate
supply
of
housing
for
tampa's
growing
population.
If
rezoning
would
support
that,
so
I'm
available
for
any
questions.
Thank
you.
Any.
N
N
N
N
To
the
north
west,
south
and
east
of
the
site,
the
parcel
is
surrounded
by
rs-60
residential
single
family.
The
properties
are
all
developed
in
the
adjacent
area
as
single-family
detached
uses.
N
As
you
see,
the
site
here
outlined
in
black
and
hatched
you'll
see
the
surrounding
area.
Now
staff
has
another
analysis
by
the
map
that
was
provided
by
our
right
away
and
mapping.
Department
staff
identified
that
35
percent
of
the
loss
in
the
studied
area.
70
percent
of
the
of
the
subject
block
35
percent
of
the
block
of
west
powell
have
had
an
avenue
and
72
percent
of
the
block
face
are
with
widths
of
59.99
feet
or
less.
A
D
And
I
wasn't
aware
that
I
needed
to
speak,
but
basically
the.
A
D
H
M
K
Name
is
nathan
hagan.
I
just
want
to
ask
council
to
consider
an
ordinance
that
would
remove
these
types
of
things
from
coming
to
council.
This
is
a
part
of
a
general
theme
of
of
council
having
to
against
their
will
micromanage,
development
or
city.
This
seems
like
a
very
straightforward
project
that
does
not
require
to
take
up
so
much
of
our
resources,
the
city
and
that
you
know
shouldn't
be
such
a
burden
to
the
the
woman
here
who
would
like
to
have
this
done?
D
A
A
A
A
Okay,
we're
gonna
we're
gonna,
hear
count.
We're
gonna
hear
agenda.
Item
number
nine.
I
do
not
know
how
long
that's
going
to
take,
but
you
know
you.
You
have
a
a
comment
to
make
there.
So
just
letting
you
know
we're
going
to
proceed
after
that.
Yes,
sir,
thank
you.
Agenda.
Item
number
nine
file,
number
rec,
22-62.
A
N
Zane
here,
location,
2408,
north
himes
avenue
and
3604
beach
street
and
3606
b
street
proposed
rezoning
from
rs
50
residential
single
family,
2,
rm
16
residential
multi-family
I'll
now
pass
along
to
our
planning
commission.
L
Jennifer
malone
with
the
planning
commission
again,
I'm
still
not
used
to
being
in
person.
So
every
time
I
get
up,
I
have
to
prepare
myself
with
paper,
so
this
is
on
the
south
of
west
beach
street
we're
west
of
north
hines
avenue
we're
actually
in
the
west
shore
planning
district,
so
the
south
dale
mabry
highway
is
actually
located
like
right
over
here.
So
these
are
some
of
the
commercial
uses
that
we
start
to
see
that
transition
as
we're
moving
closer
to
southdale
mayberry.
L
So
the
there's
this
is
a
multi-family
complex
to
the
north.
This
street
is
developed
with
like
a
mixture
of
housing
types,
but
it's
interfacing,
this
large
multi-family
development
right
to
the
north,
and
then
this
is
single-family
detached
on
the
other
side
of
south
heims.
It
definitely
it
makes
that
transition.
L
So
that's
consistent
with
what
we're
going
to
see
on
the
future
land
use
map.
The
future
land
use
is
residential
20,
and
that
is
what
we're
finding
on
the
east
side
of
himes.
I
apologize
the
west
side
of
himes
and
then
this
is
residential
10
to
the
north.
This
is
residential
50.
That's
that
multi-family
development
that
I
pointed
out
on
the
ariel.
L
This
is
the
regional
mixed
use,
100
in
the
pink
and
that's
where
we're
starting
to
get
that
transition
to
the
to
the
high
commercial
high
intensity
commercial
to
the
east
of
the
subject
site.
So
the
request
before
you
today
is
consistent
with
the
comprehensive
plan.
We
found
that
there's
already
this
zoning
in
the
immediate
area-
and
it
is
the
residential
20-
allows
this
and
promotes
this
type
of
zoning
district.
It's
also
compatible.
L
It's
interfacing,
a
much
more
intense
development
than
what
is
proposed
before
you,
through
this
euclidean
zoning
district,
again
I'll
remind
council
about
the
consistency
with
the
city
of
tampa
the
comprehensive
plans,
housing
policies
to
provide
an
adequate
amount
of
housing
to
serve
tampa's
growing
population.
So
that
concludes
my
presentation.
Thank
you.
N
If
you
see
the
subject
site
here
outlined
in
red
to
the
north,
you
have
an
apartment
complex
to
the
the
west.
You
have
residential
single-family
homes
to
the
east.
You
also
have
residential
single-family
detached
homes
and
also
to
the
south.
You
have
residential
single-family
detached
homes.
The
site
overall
is
20
394
square
feet
in
size.
N
N
Staff
has
found
this
project
to
be
consistent
with
a
zoning
code.
This
being
euclidean
no
side
plan
was
required.
I'm
here
for
any
questions,
if
needed,
any
questions
for
me,
shane.
D
Good
evening,
mr
chairman
council,
members,
todd
pressman,
200,
2nd
avenue
south
number
451
in
st
petersburg,
both
staffs
are
in
support.
Staff
report
indicates
there
is
there
are
no
inconsistencies
from
the
staff.
I
do
have
a
short
power
point.
I
can
hold
on
that.
If
you
like
see,
if
any
citizens
here
we've
not
heard
from
any
citizens,
there's
been
no
calls
or
emails
of
any
kind
that
we're
that
we're
aware
of.
D
D
The
request
is
from
rs50
to
rm16
the
future
land
use
is
r20,
so
we're
matching
that
category
staffs
are
in
support
and
find
it
consistent.
As
you
can
see
from
all
the
different
departments
as
well
planning,
commission
notes
is
consistent.
The
density
is
compatible
will
not
alter
the
character.
D
I
I
would
make
one
I
think
it's
a
correction
from
zane
is
that
to
the
to
the
west,
is
zoned
rm16
and
is
an
air
conditioning
shop
located
on
heims
north
of
I-275
to
the
north
is
a
very
large
multi-family
apartment
zone.
The
26
units
breaker
that's
directly
across
the
street.
This
is
the
existing
site.
These
are
the
apartments
across
the
streets.
You
can
see
we're
going
to
be
very
compatible
in
that
respect.
D
Q
I
have
a
couple
questions,
because
I
am
the
residential
right
behind
that
property
and
I
really
want
some
more
transparency
on
what
the
plans
are
and
what's
the
intentions,
because,
obviously,
if
they
made
an
example
of
the
single
housing
across
the
street,
it's
two
stories:
if
they
plan
on
building
that
in
my
backyard
that
limits
privacy
and
then
also
if
it's
kind
of
the
same
structure,
that
is
to
the
east
of
it.
To
be
honest
with
you
and
frank
it's,
it
seems
like
a
really
up-kept
motel
having
that
in
my
backyard.
Q
Q
A
K
My
name
is
nathan
hagan,
the
last
speaker,
I'm
sure,
is
very
nice
and
I
have
a
lot
of
respect
for
him,
but
I
don't
believe
that
neighbors
get
to
say
no
to
new
housing
in
tampa.
It's
not
not
a
veto
just
because
you
live
next
door.
I
implore
the
developer
to
be
respectful
to
their
neighbors
and
be
a
good
citizen
and
contribute.
P
To
the
community,
but
you
know
I
hope
this
project
is
not
vetoed,
because
it's
for
the
reasons
ever
stated
by
the
previous
speaker.
Thank
you.
I
D
As
both
staffs
have
said,
it
would
be
compatible
with
the
uses
of
the
immediate
area.
The
media
area
is
primarily
multi-family,
as
you
saw
from
the
pictures.
It'll
be
built
to
code
levels.
Rm16
is
located
directly
a
buddy
next
door
to
the
west
and
in
terms
of
height
rs
60,
which
it
is
now
would
permit
35
feet
high,
which
is
the
expected
height
or
near
the
expected
height
of
this
project.
Thank
you.
G
You,
mr
chairman
of
founder
number,
nine
rec,
22-62
an
ordinance
being
presented
for
first
reading,
an
ordinary
zoning
property
general
city
of
2408,
north
hinds,
avenue,
3604,
b
street
and
3606
beach
street
in
the
city
of
tampa
florida.
We're
particularly
describing
section
one.
Zoning
from
district
classification
rise,
50,
residential
single
family
to
rm,
16,
residential
multi-family,
providing
an
effective
date.
D
A
A
A
We
are
starting
agenda
item
number
five
file,
number
ab1,
21
20.,.
E
Mr
chairman,
I'm
sorry
I
just
want
to
be
absolutely
clear
on
this
is
council
member
vieira?
Did
he
respond
to
the
roll
call.
E
G
E
R
Good
evening,
mr
chairman
and
members
of
city
council
for
the
record
susan
johnsonville
senior
assistant
city
attorney,
item
number,
five
is
on
tonight's
agenda,
based
upon
a
special
magistrate's
recommendation,
from
a
request
for
relief
filed
by
maya,
tampa
llc
and
1202
franklin
holdings
llc
pursuant
to
section
70.51,
otherwise
known
as
the
florida
land
use
and
environmental
dispute
resolution
act.
I
want
to
make
just
a
few
brief
comments
before
providing
the
history
of
this
application
and
the
details
of
the
proposed
settlement.
R
So,
unlike
the
other
other
applications
that
you've
heard
this
evening,
anytime
city
council
considers
a
settlement
proposal.
Your
role
is
legislative
and
allows
council
to
consider
items
outside
of
the
city's
land
development
code
and
comp
plan,
including,
but
not
limited
to
the
impact
and
public
interest
resulting
from
the
proposed
settlement.
R
So
as
far
as
the
history
of
this
case,
as
you
may
recall,
at
your
october
21st
2021
meeting
after
a
public
hearing
on
a
petition
for
review
filed
by
neighboring
property
owners,
city
council
overturned
the
zoning
administrator's
approval
with
conditions
of
an
alcoholic
beverage.
Special
use
permit
application
number
81
21-20
for
a
special
restaurant
located
at
1202
north
franklin
street.
R
After
that
essential
denial
of
that
special
use.
Permit
maya,
tampa
filed
a
request
for
relief
on
november
12th
of
2021
and
in
the
request,
maya
tampa
asserted
that
the
city's
denial
was
unreasonable
and
unfairly
burdened
its
use
of
the
property.
So
a
request
for
relief
is
an
administrative
proceeding
that
involves
a
two-step
process
step.
One
of
the
process
requires
the
special
magistrate
to
conduct
an
informal
mediation
during
which
the
city
and
maya
tampa
consider
alternatives
and
adjustments
that
are
responsive
to
city
council's
decision
to
deny
the
application.
R
In
this
case,
the
special
magistrate
conducted
the
step,
one
informal
mediation
on
january
18th,
and
then
we
continued
the
mediation
to
a
second
date.
On
february,
10th
of
2022.
R
members
of
the
public
were
invited
to
and
attended
both
of
these
mediation
sessions
and
at
the
conclusion
of
the
february
10
2022
mediation,
we
were
able
to
identify
revised
conditions
that
we
believe
sufficiently
addressed.
The
issues
raised
at
the
october
2021
hearing
and
we
agreed
to
cooperate
in
finalizing
the
site
plan
that
is
before
you.
This
evening.
R
The
applicant
filed
the
revised
site
plan
on
may
12
2022
that
included
a
number
of
revised
conditions
that
the
applicant
and
mr
steady
will
describe
to
you
and
which
are
also
included
in
the
ordinance,
as
well
as
on
the
site
plan.
So
the
special
magistrate
in
his
report
and
recommendation
dated
march
10th
of
2022
recommends
that
city
council
favorably
consider
this
proposal.
R
Staff
will
make
a
presentation
to
you,
including
the
changes
that
are
being
proposed,
and
then
the
applicant
will
make
a
presentation
to
you
on
the
project
in
a
regular,
a
b
special
use
hearing
city
council
would
be
looking
solely
at
whether
the
applicant
has
demonstrated
by
substantial
competent
evidence
that
the
project
meets
the
city's
regulations
and
is
consistent
with
the
comp
plan.
But
because
this
again
is
a
settlement
proposal.
R
There
are
other
factors
that
city
council
should
take
into
consideration,
namely
that
the
filing
of
a
proceeding
under
this
statute
tolls
the
time
period
under
which
a
property
owner
can
seek
judicial
review
of
the
denial,
and
so
the
applicant
could
still
file
a
petition
in
circuit
court
seeking
a
review
of
city
council's
denial.
So
you
should
take
into
consideration.
R
And
finally,
your
third
option
is
that
city
council
may
modify
the
special
magistrates
recommendation
with
maya,
tampa's
acceptance
of
the
modifications
and
then
proceed
to
implement
the
modified
recommendation
again
by
placing
the
ordinance
on
first
reading.
So
I'd
be
happy
to
answer
any
questions
you
have
at
this
point.
K
Yes,
chairman
members,
city,
council,
scott,
steady
suite
3200
one
tampa
city
center.
Susan
said
I
was
the
special
magistrate,
the
mediator.
Also
susan
said
we
had
two
what
I
thought
were
productive
sessions.
It
took
time
between
the
first
one,
the
second
one,
to
to
kind
of
fine
tune.
Some
of
the
conditions,
I
would
say
I
believe
your
staff
worked
hard
along
with
the
petitioner
to
try
to
balance
between
fixing
the
problem
that
occurred
previously,
with
coming
up
with
conditions
that
would
allow
the
business
to
be
successful.
K
There
were
residents
and
neighbors
that
participated.
I
think
they
they
did
affect
the
final
conditions,
but
I
understand
they're
here
today
and
perhaps
perhaps
will
identify
some
more
concerns,
but
with
that
based
on
the
the
mediation
that
occurred
and
the
efforts
that
were
made,
I
recommend
the
city
council
consider
and
approve
the
revised
conditions,
and
susan
mentioned
I'm
not
going
to
go
through
the
conditions,
I'll.
Let
eric
go
through
the
conditions
and
or
the
petitioner
to
save
time.
M
M
Again,
as
susan
had
previously
indicated,
this
is
the
proposed
site
plan.
The
main
change
that
has
been
submitted
between
this
and
the
original
plan
that
council
had
seen
back
in
october
is
just
the
list
of
conditions
which
I
am
this
council
want
me
to
read.
I
know
you
have
these
in
the
record.
You
want
me
to
read
them
into
the
record,
or
is
this
sufficient?
I.
M
Okay,
I
have
to
take
these
back,
so
I
can't
see
that
well
anymore.
The
first
condition
is
section
27-132
regulations
governing
individual
special
uses,
alcoholic
beverage
sales.
The
establishment
would
be
considered
a
special
restaurant,
as
defined
by
in
chapter
27,
the
city
tampa
code.
M
Two,
the
establishment
establishment
shall
only
be
operated
as
an
establishment
whose
business
is
in
the
preparation
serving
and
selling
a
food
to
customers
for
immediate
consumption
on
or
in
the
vicinity
of
the
premises
or
for
takeout
by
customers.
Food
shall
continuously
be
ready
to
be
prepared,
served
and
sold
during
all
business
operational
hours
establishments
shall
be
appropriately
licensed
as
a
restaurant
or
similar
food
service
type
by
the
state
of
florida.
M
Number
three
is
reporting
requirements
set
set
forth
in
code.
Section
27
through
19
shall
apply
just
so.
You
know
what
that
means,
so
51
49,
so
each
year
they
will
have
to
file
shown
that
they
are
selling
at
least
51
percent
food
product,
not
just
after
that
51
alcohol.
The
proposed
hours
of
operation
where
the
interior
of
the
establishment
should
be
shall
close
at
11
o'clock
sunday
through
thursday
and
midnight
on
friday
and
saturday.
M
The
rooftop
shall
basically
operate
under
the
same
hours,
11
o'clock
sunday
through
thursday
and
12
o'clock
at
midnight
on
friday
and
saturday,
no
amplified
sound
of
any
sort
of
rooftop
after
11
pm.
No
dj
events
will
be
permitted
on
the
property
any
given
time
at
any
time.
If
lies,
if
live,
music
is
featured,
the
following
conditions
would
apply.
M
The
establishment
is
prohibited
from
any
from
any
use
or
implementation
of
a
cover
charge
or
any
admission
fee
to
any
time
for
regular
patronage
or
special
events.
For
the
purposes
of
this
condition,
a
cover
charge
or
admission
fee
shall
not
include
the
following
events:
venue,
rental
fees
or
charges
premium,
add-ons
to
patrons
bills
for
special
events
such
as
ufc
fights
or
admission
fees
charged
or
paid
by
a
third
party
which
is
reserve
the
space
for
the
establishment,
such
as
an
event
hosted
by
the
urban
land
institute
of
the
american
cancer
society.
M
P
P
J
Evening,
council
members,
my
name
is
jessica
eiserman,
my
address
is
401
east
jackson
street
suite
2100
with
us
today
is
cynthia
speidel.
An
aicp
certified
planner
also
with
us
today
is
gary
ubelhoer.
Who
is
our
noise
expert?
So,
in
the
event
you
have
questions
with
respect
to
noise.
We
can
bring
him
up.
J
I
first
like
to
thank
staff
and
mr
steady.
I
believe
we've
worked
long
and
hard
and
this
might
be
the
hardest
earned
special
use
permit
that
the
staff
has
worked
on.
J
Let's
see
so,
like
mr
cotton
said,
the
property
is
located
on
north
franklin
street.
This
is
within
the
central
business
district
and
in
the
future
land
use
category
of
the
central
business
district
and,
as
ms
johnson's
villas
indicated,
there
are
three
options
available
to
you
tonight.
You
can
approve
the
report
and
recommendation
of
the
special
magistrate.
You
can
deny
the
report
and
recommendation,
which
would
mean
that
we
proceed
to
step
two
of
the
flu
draw
process.
J
J
We
have
proposed
to
revise
this
condition
from
there
shall
be
no
amplified
sound
on
any
sore
of
any
sort
on
the
rooftop
space
after
11
pm
to
there
shall
be
no
amplified
sound
of
any
sort
on
the
rooftop
space
after
10
pm.
So
this
is
a
reduction
of
amplified
sound
on
the
rooftop
by
one
hour,
and
we
are
offering
that
to
you
today.
J
The
second
modified
condition
deals
with
settlement
condition,
number
nine.
This
is
what
I
co-equally
call
the
cover
charge
condition
we
heard
from
some
of
the
neighbors
that
they
did
not
appreciate
the
added
sentence
and
believed
that
we
they
were
uncomfortable
with
that
language.
So
we
have
agreed
to
revert
to
the
initial.
J
The
existing
language
today,
which
we
know
is
not
objectionable
to
the
neighbors,
so
that
underlined
sentence
is
in
the
presentation.
That
is
what
we
added
on
during
mediation.
We
are
agreeing
to
take
that
added
sentence
off,
and
that
would
mean
that
the
modified
condition
would
read.
The
establishment
is
prohibited
from
any
use
or
implementation
of
a
cover
charge
or
any
admission
fee
at
any
time
for
regular
patronage
or
special
events,
etc.
J
So,
given
all
that
I'd
like
to
walk
you
through
the
proposed
conditions
in
more
detail,
conditions
number
one,
two
and
three
ensure
that
the
property
will
be
operated
as
a
restaurant
and
as
a
reminder
operation
as
a
restaurant
is
enforced
at
both
the
state
and
local
level.
A
restaurant
must
have
51
percent
or
more
of
sales
and
food
and
49
or
less
of
sales
and
alcohol.
J
J
J
So
what
the
mediated
condition
provides
is
that
sunday,
through
thursday,
the
interior
and
the
rooftop
of
the
restaurant
shall
close
at
11
pm
and
friday
and
saturday,
the
interior
and
rooftop
of
the
restaurant
shall
close
at
midnight,
and
I
want
to
point
out
so
we're
going
to
move
to
condition
number
five,
which
is
the
modified
condition,
which
is
that
there
shall
be
no
amplified
sound
of
any
sort
on
the
rooftop
after
10
pm.
That
is
regardless
of
the
hours
of
operation.
A
E
First
of
all,
council,
as
ms
johnson
velez
did
state.
This
is
your
decision
whether
to
accept
or
reject
or
modify
the
zoning.
Administrator's
recommendation
is
a
legislative
matter
and
it
is
not
the
same
as
let's
say
an
a
b
hearing.
But
that
being
said,
the
question
I
guess,
is
councilman
vieira.
Have
you
had
the
opportunity
to
hear
the
entire
presentation
at
this
point
and
from
the
time
that
you.
E
From
the
time
of
the
start
of
the
hearing
to
to
to
the
time
you
came
in
here
today,
do
you
have
any
question
that
you
had
the
opportunity
to
hear
the
entire
hearing.
K
Yes,
I
mean
so
I'll.
Tell
you
all
what
happened.
Is
I
I
when
we
started,
I
tried
to
log
on
and
I
was
having
connectivity
problems
at
pepin
for
some
darn
reason,
so
I
I
was
able
to
hear
and
see
everything.
So
I
I
saw
that
it
was
a
10-minute
drive
to
here.
So
I
kept
it
on.
While
I
drove
and
listened
to
everything,
and
probably
the
time
that
I
missed
is
45
seconds
which
is
not
unlike
going
to
use
the
restroom.
E
J
No
problem
so
again,
I
just
want
to
reiterate
for
condition
number
five,
which
restricts
amplified
sound
on
the
rooftop
after
10
pm,
that
is
regardless
of
the
hours
of
operation,
no
matter
what
the
hours
are.
The
rooftop
noise
must
cease
at
10
pm.
J
Condition
number
six
prohibits
djs.
This
condition
is
not
objectionable
to
the
neighbors
condition.
Number
seven
addresses
live
music
and
limits
live
music
to
the
interior
of
the
establishment,
with
all
doors
sliding
panels
and
windows
closed
to
the
best
of
our
knowledge.
The
neighbors
do
not
object
to
this
condition.
J
J
And
again,
condition:
number
nine
is
related
to
the
cover
charge
condition
and
we
have
proposed
to
modify
it
in
such
a
way
where
we
believe
the
neighbors
are
not
in
objection
to
the
revised
or
the
modified
condition.
Number
nine
again.
That
modification
reverts
the
condition
to
the
already
approved,
permit
condition,
conditions,
number,
10,
11
and
12
are
new
conditions
to
be
imposed
that
were
added
during
mediation.
J
This
condition
initially
had
a
decibel
limit
associated
with
it,
but
city
staff
did
not
agree
to
a
decibel
limit,
because
enforcement
of
such
a
condition
was
tricky
and
we
wanted
to
ensure
that
all
conditions
would
be
enforceable
so
to
to
the
best
of
our
knowledge.
This
condition
is
not
objectionable
to
the
neighbors.
They
are
just
confused
by
the
addition
of
this
condition,
because
there
is
no
decibel
limit
condition.
Number
11
incorporates
the
city's
noise
ordinance
into
the
permit
conditions.
J
J
J
D
L
L
J
D
With
with
that
report,
as
these
conditions
are.
L
More
onerous
than
what
was
done
before
so
so,
basically,
there
are
several
comp
plan
policies
that.
D
I
I
M
M
M
So
that's
where
the
reporting
comes
in
under
27
3
19.,
they
have
to
report
every
year,
so
each
year,
staff
in
january
sends
out
a
postcard,
reminding
people.
You
gotta
report
this
establishment.
If
it's
approved
by
council,
would
you
get
that
same
same
response?
They
have
to
report
they.
M
They
provide
figures
of
what
they've
sold,
percentage-wise
and
a
copy
of
their
commercial
insurance,
so
that
they're,
a
restaurant,
not
a
bar
or
a
lounge
or
a
nightclub
number
nine
is
going
to
honestly
probably
be
more
on
the
honor
system
by
the
by
the
operator.
M
Staff
won't
be
unless
we
happen
to
go
to
this
establishment
one
night
and
they
want
to
charge
us
a
cover
charge.
It's
going
to
be
on
the
honor
system,
they're
saying
they're
not
going
to
do
it
if
it
turns
out
that
they
are
doing
it
and
we
have
evidence
that
they
would
that
they
are
charging
a
cover
cover
charge
to
get
in
whether
we
see
it.
Like
on
the
web,
or
something
like
that,
then
we
would
bring
them
before
the
council
for
a
for
a
suspension
of
revocation.
I
I'm
just
wondering
how
you
know:
that's
why
I
asked
that
question
because
I
don't,
unless
that's
gonna
happen,
I
don't
see
it
enforceable.
Myself
is
number
nine
and
you
you
talk
about
a
5149
that
I
mean.
That's
that
still
can
easily
be
get
around.
I
mean
I
mean
I've
been.
I
know
the
the
bar
industry
very
well
and
the
restaurant
is
very
well.
So
those
are
a
couple
of
concerns
I
do
have
when
you're
talking
about
enforceable.
I
That's
why
I
ask
you
how
you're
going
to
enforce
that,
because
I
think
it's
going
to
be
still
kind
of
hard
to
enforce
in
force,
12
and
9..
So.
M
Number
12:
the
reporting
requirement
is
true
of
every
restaurant,
that
that
has
approval
by
counsel
or
by
staff
through
an
administrative
process
they
have
to
report.
One
of
the
requirements
are
like
for
this
establishment.
As
a
special
restaurant,
I
believe
they're
going
to
have
an
srsfs
license
from
the
state,
so
they
have
to
report
to
the
state
the
same
numbers
they
report
to
us.
G
Thank
you
much.
I
appreciate
your
your
explanation
and
quite
a
little
bit
understand.
However,
the
r
do
we
still
do
audits
like
we
used
to
do
in
the
past,
when
sometime
back
in
history,
there
would
be
a
line
of
20
or
30
people
that
didn't
qualify
or
meet
the
our
restriction.
Do
we
still
do
that?
We.
M
M
Well,
during
covet
it
was
more
difficult
to
respond
to
two
years,
I'm
like
at
six,
then
the
six
weeks
before
that
that
was
actually
done
by
a
department
I
wasn't
associated
with.
But
I
do
recall
before
that
we
used
to
bring
people
before
council
on
a
regular
basis,
because
when
y'all
would
put
a
fine
on
it
and
say
your
navy's
defendant,
people
would
have
run
over
and
we
were
still
next
door
to
pay
their
fine,
so
they
wouldn't
get
suspended.
So
we
still
would.
We
still
will
bring
people
forward
if
they're
not
reported.
G
M
A
My
own
personal
knowledge,
maybe
some
of
the
people
watching
on
tv,
are
in
the
audience
the
51
of
food.
How
is
that
justified?
And
let
me
let
me
ask
it
a
different
way
is
that
rated
by
the
amount
of
food
purchased
or
the
amount
of
food
sold,
because
in
let
me
let
me
get
to
it,
because
if
it's
by
purchase
some
restaurants
and
bars
get
away
with
having
an
open
buffet
and
you
come
in
and
eat
and
eat
and
eat.
But
it
still
shows
that
they're
purchasing
all
this
food.
A
M
A
M
A
C
I
wonder
if
it's,
if
it's
okay,
to
ask
a
legal
question,
I
know
miss
johnsonville
has
already
spoken.
Jake
spoke,
but
I
wonder
if
either
or
both
of
them
would
like
to
just
weigh
in
on
more
about
what
happens.
If
we
say
no
tonight,
what's
the
what
kind
of
what's
the
legal
basis
for
the
applicant
to
sue
the
city
and
and
how
would
how
would
that
process
go.
R
Susan
johnson
velez
legal
department,
so
we
we're
still
in
this
is
part
of
the
fludra
process,
the
statutory
process.
This
is
part
of
step
one.
We
went
through
the
mediation
process,
which
is
kind
of
what
we
refer
to
as
step
one.
The
we
reached
a
settlement
at
the
mediation
and
it's
now
before
council
for
consideration
on
what
you
decide
to
take
action
on
whether
you
decide
to
accept
or
reject
or
modify.
C
Could
you
just
tell
us,
and
if
it's
not
appropriate,
stop
me,
but
could
you
just
tell
us
or
maybe
jake
would
like
to
weigh
in
what's
the
legal
argument
for
why,
if
we
say
no
to
tonight
why
it
might
not
hold
under
legal
scrutiny,
what
would
be
the
response
from
the
applicant?
What
would
the
case
be.
R
C
Jake
stood
up.
Thank
you,
jay
kramer.
Did
you
have
any
comments
on
that?
I
guess
I
asked
the
question
wrong,
but
is
there
any
any
kind
of
like
what
would
happen,
what
what
and
and
not
to
put
you
on
the
spot,
but
just
for
the
folks
in
the
audience
who
may
be
speaking
out
against
us?
What
would
be
what
what's
the
what
what's
the
likely
response
if
we
said
no
tonight,
what
would
you
what
would
kind
of
your
argument.
P
Be
sure
jake
kramer
again
for
the
record.
Thank
you
for
the
question
councilman.
P
So,
as
ms
johnson
velez
mentioned,
the
next
step,
if
we're
not
able
to
settle
tonight,
would
be
that
we
would
actually
have
a
hearing
in
front
of
that
as
a
part
of
this
flute
or
process,
and
then
that
report
would
potentially
come
back
before
you
all
again
to
consider
that
recommendation.
Now,
if
we're
not
able
to
resolve
this
at
that
hearing,
then
potentially
you
know.
Our
hope
is
that
we
that
we
can
resolve
this,
but
potentially
there
would
be
litigation
afterwards.
P
Frankly
that
the
other
concern
we
have
is
that
there
may
be
bert
harris
claims
down
the
road,
because
we
have
not
the
reason
we
need
relief
and
we
need
to
modify
these
conditions
is
we.
Our
client
has
not
been
able
to
find
any
restaurant
operators
who
are
willing
to
take
the
space
and
bring
a
concept
into
this
building,
because
the
current
restrictions
are
so
onerous.
C
And
you
feel
with
these
changes,
the
the
the
list
of
agreements
that
you
all
came
to,
that
you
could
find
attendant
under
those
conditions.
Yes,
sir,
we
do.
J
To
conclude,
you
know
we
respectfully
request.
Council
approve
the
mediated
settlement
today
with
the
modified
conditions
that
we
have
brought
before
you,
and
I
do
want
to
just
point
out
that
you
know
we
the
decision
today,
you
know,
in
my
opinion,
shouldn't
be
made
on
assumptions
of
non-compliance
or
assumptions
of
non-enforcement.
J
These
conditions
are
actually
stricter
than
any
other
restaurant.
You
have
in
the
entire
city
of
tampa,
and
if
you,
when
you
make
decisions
and
impose
conditions,
you
always
assume
compliance
and
you
assume
enforcement
and
you
have
mechanisms
in
place
if
those
are
not
obtained
or
achieved.
Thank
you
and
we
are
available
for
questions.
H
You
chair,
I
I
have
a
it
sounded.
I
just
want
a
clarification,
so
there
is
not
a
concept
or
a
provider
yet
for
this
space.
J
O
Evening,
good
evening,
I
I
was
sworn
in,
my
name
is
luciano
prieta.
I
developed
the
my
1106
north
franklin
street
and
moved
in
december
1st
1985.
O
I've
been
in
that
neighborhood.
I
built
the
condo
project,
which
is
1108
north
franklin
street.
At
the
time
that
I
was
under
construction,
this
building
was
rehabbed
and
fly
bar
came
there
fly
bar,
never
had
any
music
on
the
rooftop,
they
were
very
successful.
They
had
music
inside
the
building,
but
they
never
had
music
on
the
rooftop.
The
only
thing
they
had
is
they
they
would.
O
When
the
townhomes
were
built
on
the
just
north
there
they
would
project
the
hockey
game
up
on
the
on
the
on
the
townhome
wall
and
and-
and
you
could
hear
I
kearney-
live-
705
rooftop
mute.
This
is
a
residential
neighborhood.
It's
got.
We
got
units
in
arlington,
my
condo,
my
patios.
My
balcony
is
probably
50
feet
from
the
rooftop
and
it
would
be
a
lot
of
music
on
that.
O
Rooftop
would
have
negative
impact
on
the
value
of
my
residents
and
all
the
residences
around
there,
given
what's
going
on
on
the
900
block,
take
the
evidence
of
900.
What's
going
on
in
the
900
block
and
and
it'll,
the
same
thing
happened:
this
owner
had
this
situation
before
so
I
just
I
just
want
to
say
that
fly
bar
was
very
successful,
did
a
great
job
and
they
never
had
music
on
the
rooftop
and
I
did
meet
with
the
proposed
person
that
was
assad.
O
That
was
going
to
take
this
place
over
and
his
comment,
and
I
could
I
can
provide
it
a
text
to
me
that
that
music
on
the
rooftop
he
went
on
the
rooftop
one
day
and
I
met
him
there
and
he
said
music's
impossible,
1000
impossible
and
it
is.
It
impacts
the
residences
in
arlington,
especially
arlington,
which
is
an
older
building
residences.
We
have
some
it's
a.
It
was
built
using
the
miami-dade
specs
after
the
hurricane
andrew,
so
there's
a
little
more
sound
protection,
but
anyway,
that's
that's
what
I
have
to
say.
O
You
got
eden
which
you
had
shootings
there.
You
have
bellow
who
who
was
supposed
to
be
closed
by
11
and
they
were
open
past
11
plus
music
going
on
so
they
didn't
follow.
They
don't
follow
the
rules
and
mr
miranda
talked
about
auditing.
They
don't
audit
5149
anymore.
They
used
to
audit.
I
was
director
of
internal
city
tampa
way
back
in
the
80s
missed
councilman
randy.
I
think
you
were
around
at
that
time,
but
so
50
51
49
it's
a
form.
They
fill
it
out
and
submit
and
there's
no.
O
D
My
name
is
james
de
morrow.
I
live
at
1108
north
franklin
street
unit
406.
I'd
like
to
ask
respectfully
ask
the
council
to
please
use
their
option
to
reject
the
mediation
report.
I
feel
that
it
was
faulty
in
the
sense
that
there
were
members
of
the
community
present,
but
they
were
not
allowed
to
participate
by
speaking
in
any
way.
D
The
letter
that
we
received
concerning
the
outcome
of
the
mediation
was
confusing
the
blue
and
writing
and
the
read
in
writing.
But
what
I
was
able
to
gather-
and
I'm
I'm
not
a
lawyer-
is
that
these
special
events
is
now
being
allowed,
which
would
take
different
hours
of
closing
and
it
would
be
ticketed
items.
People
could
pay
tickets
for
the
special
events.
D
D
I
would
like
to
just
point
out
that
the
rental,
if
the,
if
mole,
is
allowed
to
have
special
events,
they
should
be
restricted
to
the
same
restrictions.
That
mole
has.
They
shouldn't
be
allowed
to
have
special
hours.
We
agree
with
lou.
I
think
that
there's
nobody
in
the
neighborhood
who
wants
to
have
amplified
music
on
the
rooftop
we've
been
saying
that
from
the
get-go,
the
51
is
that
51
of
food
served
all
day
or
like
can
they
do
like
99
alcohol
at
night
and
balance
it
with
50
90
of
food
during
the
day?
D
This
is
a
central
business
district,
but
there
are
1200
people
living
within
a
quarter
mile
of
this
restaurant
and
I
think
that
should
be
respectfully
considered
by
the
council.
I
appreciate
your
former
stance
on
this
and
I
ask
you
to
go
ahead
and
do
the
same
thing.
If
you
could.
Thank
you
very
much.
T
Good
evening
my
name
is
sam
smith,
1108
north
franklin.
Well,
I
appreciate
some
of
the
changes
that
have
been
offered
that
we
didn't
know
about.
So
it's
going
to
change
my
speech
a
little
but,
and
some
of
those
are
certainly
very
helpful.
T
There
was
in
fact
a
magistrate-led
mediation
that
we
were
invited
to
and
again
we
were
simply
an
audience.
We
were
not
able
to
participate,
which
I
think
is
important
in
that.
So
we
live
next
door
to
moli
abuela
on
franklin
street.
Our
unit
is
on
the
corner,
with
the
balcony
facing
both
franklin
and
royal.
T
We
bought
our
home
because
we
love
the
quiet,
historic
residential,
feel
the
neighborhood,
while
being
close
to
everything
downtown
has
to
offer
we
love
the
previous
restaurant
fly
bar,
which
was
there
before
we
moved
in
the
current
owner,
has
allowed
its
operator
consistently
break
the
rules,
as
has
happened
down
the
street
in
the
900
block,
as
mr
liu
said,
to
go
specifically
to
some
of
the
things
that
they
talked
about.
No
one
who
intends
to
operate
a
nice
neighborhood
restaurant
needs
to
be
open,
past
10
on
weekdays
and
11
on
weekends.
T
T
You
know
regarding
amplified
music.
I
appreciate
that
they
say
no
djs,
but
it
was
awful
when
we
were
living
there
during
that
time.
My
wife
who's,
a
physician
at
usf,
needs
to
be
able
to
rest
to
adequately
care
for
our
patients.
T
It's
been
a
rough
couple
of
years
on
health
care
providers,
rough
on
all
of
us,
but
she
had
to
sleep
in
an
interior
bathroom
of
our
home
with
on
an
inflatable
mattress
because
it
was
just
too
loud
and
yes,
they
did
their
their
promises
now
to
shut
the
doors
when
it's
thumping
in
there,
even
with
those
doors
shut,
it
vibrates.
Our
building,
I
can
imagine
arlington,
is
probably
worse
because
it's
an
older
building.
We
have
hurricane
windows,
but
you
still
feel
the
base.
T
You
may
not
hear
it
so
much
and
we
also
would
like
to
go
out
on
our
own
balcony
and
enjoy
our
own
home.
Sometimes
I
mean
I
have
to
okay
we're
happy
to
have
a
restaurant.
We
love
fly
bar,
we
love
going
to
the
straz
and
having
a
drink
before,
but
we
needed
to
operate.
You
know
like
a
neighbor,
so
whether
there's
changes
you
know
I
I
hope
that
you
will
reject
it
or
at
least
cause
there
to
be
some
changes
in
this
to
make
them
good
neighbors.
Thanks
very
much.
Thank.
S
You
good
evening,
council
members,
my
name
is
jennifer
jones
and
I
live
at
the
arlington
and
have
lived
there
for
nine
years
at
1229.
North
franklin
street,
that's
across
the
street,
from
this
establishment
and
my
bedroom
windows
are
as
close
as
you
can
possibly
be
in
our
building
to
this
establishment.
S
S
It
was
a
nightmare
things
that
happened
were,
for
instance,
they
used
an
air
horn
on
the
roof,
which
you
can
imagine
how
loud
that
was
over
a
loudspeaker,
the
crowds
that
they
generated,
the
noise,
the
yelling,
the
gas
gorilla
styles
trash
the
trespassing
on
all
of
our
properties,
the
fights
from
the
crowds
that
would
erupt
as
they
were,
exiting
the
premises.
There
were
people
that
were,
we
actually
had
video
evidence
of
people
being
hit
by
cars
in
the
parking
lot
fights
breaking
out
in
the
parking
lot.
S
So
within
about
a
six-month
period,
there
were
three
separate
incidents
of
gunshots
on
that
900
block
of
franklin,
and
I
had
the
privilege
of
personally
witnessing
two
of
them
so
both
times
I
was
out
walking
my
dog
reasonable
times
of
night,
not
super
late,
not
you
know
even
weekends
and
one
time
we
hit
the
ground.
I
had
to
call
9-1-1
with
my
dog
five
more
shots
rang
out
as
I'm
cowering
on
the
ground
from
this
block,
because
these
people
have
spilled
out
into
the
street
with
their
fights
and
then
the
second
one.
S
Luckily
I
was
further
away
a
couple
blocks
away,
but
I
heard
the
gunshot-
and
I
thought
this
cannot
be
happening
again.
I
could
not
be
hearing
walking
my
dog
gunshots,
three
blocks
from
my
house,
but
that's
what
happened
and
in
that
particular
incident
someone
died.
Another
man
was
shot
and
apparently
the
gentleman
doing
the
shooting
was
the
news
reported
that
he
was
attacked
by
three
gentlemen,
including
with
a
knife.
S
So
our
main
objection
right
now
are
the
hours
and
the
rooftop
operations
again.
What
we'd
like
to
try
to
do
is
prevent
this
establishment
from
creeping
into
operating
like
a
nightclub,
and
I
don't
use
that
in
the
sense
that
that
it's
defined
in
the
code
necessarily,
but
when
I
say
nightclub
operations,
I
think
you
understand
what
I'm
saying.
S
We
cannot
have
amplified
sound
on
that
rooftop
it's
too
loud
and
it's
too
close
to
all
of
our
bedrooms
that
just
won't
work
and
there's
no
upper
noise
limit
on
the
on
the
desk.
You
know
limiting
the
decibels,
so
that's
that's
a
condition
that
just
can't
be
enforced.
D
Good
evening,
council,
my
name
is
kathy
forsthofer,
I
represent
the
downtown
residents
association,
we
have
heard
their
complaints
and
we
stand
behind
all
of
their
issues
when
it
comes
to
these
provisions
and
some
of
them
we
just
heard
tonight
for
the
first
time
I
did
at
least
I
question
how
we're
going
to
enforce
the
decibel
level
the
towers
at
channel
side.
That
was
a
big
issue
for
them.
They
had
people
out
there
holding
devices.
D
I
think
that's
probably
the
biggest
thing
is,
of
course,
just
having
that
rooftop
and
the
poor
residents
that
are
so
close
by
and
have
the
balconies
they
have
to
you
know,
enjoy
as
part
of
their
property,
and
you
know
if
there's
any
noise
at
any
time
of
night,
that
they
can't
be
out
there
and
sleeping
and
other
it's
just
a
quality
of
life
issue.
So
that's
where
I
stand
in
the
downtown
residents
do
so.
Thank
you.
O
O
O
If
you
approve
them
mia
tampa
and
their
owner
will
have
exactly
what
they've
always
wanted:
the
ability
to
open
later
the
ability
to
charge
a
cover
charge
and
the
ability
to
play
music
on
the
roof.
All
he
needs
to
turn
this
into
a
nightclub.
We
also
ask
you
to
reject
the
recommendation,
because
the
mediation
process
was
dubious.
O
I
was
there
at
the
first
mediation
hearing
numerous
times
during
the
mediation
hearing.
The
magistrate
turned
to
us
and
told
us
that
while
we
could
make
comments,
none
of
our
comments
mattered-
and
here
I
thought,
as
a
petitioner,
in
the
petition
that
came
before
you-
that
the
whole
purpose
of
that
mediation
was
to
look
after
our
interests.
O
The
second
thing
that
that
was
that
was
concerning
is
that
several
times
during
the
hearing,
everybody
except
the
residents
exited
the
mediation
room,
so
they
could
speak
outside
of
where
we
could
hear
it
for
some.
I
don't
know.
If
that's
the
way
these
mediation
proceedings
go,
but
that
just
didn't
seem
right
to
me
when
they
ended
the
first
hearing.
O
They
said
that
they
would
reconvene
again
and
we
would
be
told
yes,
we
were
told
we
received
an
email
middle
of
the
afternoon
the
day
before
the
hearing
which,
what
seems
to
me
was
an
attempt
to
limit
the
number
of
residents
who
could
appear.
Contrary
to
what
the
recommendations
tell
you,
there
are
no
residents
there's
nobody
in
that
area.
That's
in
favor
of
any
of
these
of
these
recommendations,
so
you
can
imagine
our
disappointment,
but
not
our
surprise.
When
these
recommendations
give
me
a
tampa
exactly
what
they
were
wanted.
O
Even
after
the
city
representative
admitted
that
would
be
difficult
to
enforce
any
kind
of
noise
violation.
They
still
approve
the
ability
for
amplified
sound
and
don't
be
don't
be
fooled
by
the
noise
limiter.
That's
smoke
and
mirrors.
There's
no
decibel
limit
set,
there's
no
way
to
monitor
that
they
couldn't
answer
those
questions
at
the
mediation
hearing
and
whom,
who
who's
responsible
for
policing
that
the
owner
and
how
easy
is
it
to
bypass
it?
You
know
this
establishment,
you
shut
his
operations
down
at
franklin
manor,
you
shut
him
down
at
mola
and
abuela.
O
The
only
establishment
now
has
is
bello.
Bello
violates
nose
ordinances.
Every
night,
there's
been
two
shootings
associated
with
its
patrons.
It
stays
open
beyond
the
time.
How
many
times
is
this
person
gonna
get
a
chance
to
you
know
to
do
this,
so
we
urge
you
in
the
strongest
possible
way
to
to
realize
that
the
law
is
not
gonna,
be
followed
you're.
Our
only
hope.
Thank
you.
Thank.
B
B
B
Car
horns
are
blaring,
engines
are
revving
and
car
stereos
are
blasting,
I
think
about
getting
up
and
getting
dressed
and
walking
next
door
and
asking
them.
Will
you
please
turn
it
down?
You'd
be
a
little
quiet,
but
then
I
remember
the
street
fights
people
getting
run
over
the
drunken
crowds,
the
drugs
being
consumed
on
my
front
porch.
B
B
B
B
B
B
How
would
you
have
felt
this
living
this
night
nightly?
How
that
left
you
exhausted
emotional,
jumpy,
fearful
depressed
and
anxious
a
nightmare
that
will
return
if
you
let
this
owner
play
music.
Can
I
finish,
we
have
a
couple
more
things.
Thank
you
owner
amplify
sound
on
the
music
on
the
roof.
Stay
open
later
and
charge
cover
charges
this
things
that
have
nothing
to
do
with
a
restaurant
and
everything
to
do
with
the
nightclub.
A
E
Good
evening,
good
evening,
everybody,
my
name
is
victor
giordano,
my
wife
and
I
live
in
1108
north
franklin
street,
the
residents
of
franklin
street.
We
lived
there.
We
have
lived
there
for
about
10
years.
Our
front
door
is
approximately
25
feet
away
from
mole
abuela.
So
you
can
I'm
not
going
to
repeat
what
everybody
else
has
said.
E
I
was
also
there
for
the
first
mediation
and
mr
dahmer's
concern
at
the
first
mediation
was
that
he
could
not
find
an
operator
to
operate
his
restaurant
with
the
restrictions
that
got
that
you
guys
imposed
I'd
just
like
to
bring
it
to
your
attention
why
he
is
wrong,
so
you
have
right
off
the
bat
you
have
epicurean
the
hotel,
rooftop
no
amplified
music,
it's
been
around
forever.
You've
all
probably
have
been
there.
You
have
bula
howard,
it's
in
a
residential
area.
Rooftop
no
amplified
music
they've
been
very,
very
successful.
E
E
So
basically,
my
thoughts
are
this,
I'm
also
in
the
real
estate
business
of
commercial
real
estate.
I
own
a
small
shopping
center.
I
have
three
restaurants
in
that
shopping
center.
I
am
on
the
internet.
Looking
for
restaurant
space
all
the
time,
there
has
never
been
an
ad
for
this
restaurant
on
any
of
the
commercial
real
estate
sites.
The
biggest
one
is
called
loop
net.
E
He
has
not
been
on
there
for
the
last
two
years,
looking
for
an
operator,
so
I
don't
know
how
much
effort
that
they're
doing
to
find
someone
to
actually
take
over
the
space
and
start
a
restaurant
I'd
like
to
just
to
close
with
I'm
terrified
if
you
give
in
to
these
concessions,
I'd
like
for
you
all
to
stick
to
your
original
decision.
Thank
you
very
much.
Thank
you.
P
Good
evening
my
name
is
aaron
pavoff.
I
live
on
1212
or
1216
north
franklin
street,
I'm
a
new
resident
of
tampa.
I
bought
my
home
in
october
and
still
getting
the
lay
of
land
and
all
of
these
incidents
have
occurred
before
I
have
come
to
the
neighborhood,
as
I
am
now
here
in
the
neighborhood
in
a
resident.
P
I
am,
I
am
very
concerned
and
I'm
to
be
perfectly
honest
with
you,
I'm
kind
of
petrified
from
the
testimony
that
I've
heard
if
this
is
in
fact,
what
I'm
assuming
to
be
my
age
group
that
they're
after
a
millennial,
crowd
or
a
younger
crowd,
amplified
noise
will
be
amplified
already
with
special
events
in
sheer
projection
of
ufc
screaming
right.
This
is
not
the
state
of
a
union
address.
These
are
events
designed
to
bring
rowdy
people
to
our
block.
P
P
I
purchased
my
home
at
a
very
high
price
and
I'm
very
concerned
that
this
is
going
to
lower
the
property
value
of
everybody
around
them,
because
if
it
is
in
fact
operating
like
a
nightclub
and
there
are
in
fact
shootings
outside
like
there
are
not,
but
you
know
200
feet
away
so
to
speak
right
on
the
900
block.
P
I
can't
imagine
where
this
is
a
city.
This
is
a
vision
that
you
want
to
bestow
upon
us
and
and
as
we
develop
this
area
that
is
set
to
to
really
boom,
and
we
have
a
precedent
now
to
set
so
that
everybody
can
adhere
to
it
and
know
that
they're
there
to
operate.
Just
like
we're
talking
about
as
a
restaurant
and
not
given
provisions
that
are
clearly
unenforceable.
P
We
need
to
make
sure
that
you
set
that
precedent
today.
You
stick
by
your
original
decisions
that
you
had
and
that
we
move
to
the
next
phase
if
they
choose
to
have
litigation,
that's
on
them.
That
is
not
your
concern.
Your
concern
is
to
protect
the
neighborhood
and
the
constituents
that
are
around
you
and
that's
what
we
humbly
ask
you
to
do.
Thank
you.
Thank
you.
E
Good
evening
my
name
is
troy,
underwood,
I'm
speaking
on
behalf
of
myself
and
my
wife
we're
owners
of
1214
north
franklin
street.
We
too,
like
aaron,
purchased
our
home
in
october
because
we
love
the
urban
feel
and
the
residential
neighborhood,
and
I
think
that's
what
the
city
was
trying
to
create.
We
love
the
fact
that
we
can
walk
up
and
down
the
street
we're
long
time.
South
tampa
residents
were
business
owners
in
ybor
city
and
we
love
the
urban
feel
of
ybor
city,
but
being
a
chamber
member.
E
There,
I've
gone
through
the
battles
between
the
noise
and
the
nightclubs
and
the
residents,
and
that's
something
we
didn't
want.
So
when
we
sold
our
home
in
ballast
point,
we
fell
in
love
with
franklin
street
and
all
that
franklin
street
history
had.
What
we
didn't
know
was
that
a
potential
nightclub
was
going
to
be
next
door.
We
always
knew
the
old
fly
bar
because
we
had
dined
there.
We
actually
had
dined
at
osteria
before
it
became
bellow,
and
we
had
a
fantastic
dinner
there.
E
Our
first
weekend
that
we
stayed
in
our
new
house,
we
went
down
to
bello
and
it
was
basically
a
restaurant
disguised
as
a
nightclub,
and
the
food
had
gone
from
great
to
horrible
and
it
was
all
about
the
drinks
and
the
noise,
and
we
have
not
been
back
since,
and
we
really
would
love
to
have
a
nice
restaurant.
We
would
love
to
have
the
old
fly
bar
there.
E
A
D
A
D
A
Q
Good
evening
council,
I'm
robert
yee,
my
wife
rosa
and
I
have
lived
at
1218
north
franklin
street
next
door
to
molly
whale
for
almost
13
years.
I
disagree
with
the
recommendations
of
the
av-12120
mediation
that
are
being
presented
this
evening.
The
residents
of
our
neighborhood
were
allowed
to
observe
the
mediation,
but
had
no
voice
or
vote.
Our
comments
and
recommendations
were
ignored
and
we
who
will
be
most
affected
by
how
mr
obama
operates.
His
business
did
not
have
a
say-so
or
agree
with
much
of
what
is
being
recommended
by
the
mediator.
Q
Q
Please
place
the
following:
conditions
on
ab12120
restrict
the
operating
hours,
so
the
business
closed
at
10
pm
on
weeknights
at
11
pm
on
week
weekend
nights.
These
hours
are
consistent
with
a
restaurant
and
will
lessen
the
probability
of
exiting
patrons
lingering
for
hours
in
our
neighborhood,
as
they
have
done
in
the
past
number.
Two
prohibit
outdoor
amplified
sound
with
its
music
or
otherwise.
Q
At
any
time
of
the
day,
this
business
is
in
close
proximity
to
three
multi-residential
buildings,
with
the
closest
having
outdoor,
porches
and
bedrooms,
only
25
feet
away
any
outdoor
amplified,
music
or
sound
will
be
a
nuisance
at
any
time
of
the
day.
The
letter
I
submitted
for
inclusion
in
this
hearing
has
pictures
that
show
the
closeness
of
maria
waylater
to
the
nearest
residential
building.
Q
Mr
dahmer
is
not
and
has
never
been,
a
good
neighbor
in
downtown
town.
He
said
he
wants
to
run.
He
says
he
wants
to
run
a
nice
restaurant,
but
his
history
shows
that
his
real
intentions
are
to
operate
nightclubs
and
skies
at
restaurants.
That's
how
he
previously
operated
mogela
in
the
current
way.
He
operates.
Fellow
barn,
restaurants,
three
blocks
away,
which
has
the
same
type
of
license
as
mole.
A
whalen
bello
routinely
plays
outdoor
music,
that's
been
heard,
one
and
a
half
blocks
away
and
occasionally
three
blocks
away
where
I
live.
Q
They
also
promote
drink
specials
and
events
with
little
mention
of
food
or
their
menu.
You've
heard
plenty
about
the
previous
terror
and
disruption.
Mr
dahmer
brought
upon
our
neighborhood,
and
I'm
sure
mostly
you
remember
this
franklin
manor
business,
which
was
shut
down
for
council
for
one
week
for
creating
ongoing
neighborhood
disruptions.
Q
Mr
dahmer
was
also
sued
by
915
apartments.
With
for
this
behavior
and
council
council,
you
shut
them
down
for
a
week,
and
recently
there
were
also
three
gunfire
incidents
within
a
six-month
period
named
the
dominus
bellow
business.
Two
of
these
incidents
can
be
connected
directly
connected
to
fellow
patrons,
and
one
of
the
incidents
resulted
in
a
death.
Q
D
K
G
K
Legal
question,
if
I
may
you
know
we're,
I
I
just
want
to
make
sure
that
what
we
rely
upon
for
any
decision
is
valid
and
and
what
not?
I
guess,
if
you
will,
you
know
we're
hearing
a
lot
of
opinions
on
an
individual
or
a
group
that
had
run
an
establishment
and
now
is
apparently
trying
to
do
the
same
thing.
You
know
we
often
hear
when
somebody
praises
somebody
who's,
an
applicant
that
that's
not
competent,
substantial
evidence
that
they
are.
Mr
miss
popularity
is
the
opposite
of
that
also
true.
K
R
Well
again,
the
decision
before
you
this
evening
is
to
whether
what
action
you're
going
to
take
on
the
recommended
settlement,
the
recommendation
of
the
special
magistrate.
So
again
it's
a
little
bit
different
standard
that
you're
talking
about
I
I
have
heard
a
lot
of
testimony
about
the
prior
operators
and
so
there's
nobody
operating
that
right.
R
Now,
it's
not
mole
abuela
the
same
I
mean
there
may
be
common
ownership
between
this
property
and
another
property
where
a
restaurant
is
located,
but
I
mean
you
have
to
look
at
this
location
kind
of
and
apply
the
criteria
to
this
location.
Okay,
the
other
thing
I
wanted
to
I'm
sorry,
susan
johnson,
the
last
legal
department.
R
The
other
thing
I
wanted
to
clarify-
and
I
know
it
was
included
in
in
some
letters
that
we
received
from
the
the
property
owners
and
and
neighbors
who
participated
in
this
pluto
proceeding
and
their
frustration
with
the
limitations
on
their
participation
in
the
proceedings.
But
and
I'm
just
going
to
read
directly
from
the
statue.
R
You
know
the
the
statute
which
we
operate
under
for
these
proceedings
requires
requires
us
to
notify
any
owner
of
land
contiguous
to
this
property
and
any
substantially
affected
person
who
submitted
oral
or
written
testimony
at
the
at
your
original
hearing
back
in
october.
So
we
did
notify
those
persons,
but
so
then
the
statute
goes
on
to
discuss
the
status
of
those
persons
in
these
proceedings,
and
it
says,
and
I'm
quoting
those
persons
may
be
permitted
to
participate
in
the
hearing
but
shall
not
be
granted
party
or
intervener
status.
R
You
know
in
terms
of
getting
a
vote
or
whether
or
not
you
know
these
are
acceptable
to
you.
We
did
and
I'll
ask
mr
shetty
to
come
up
and
just
confirm.
You
know
how
some
of
these
folks
participated
in
the
proceedings,
because
I
think
it
was
beyond
what
what's
normally
you
know
beyond
the
limitations
that
the
statute
naturally
presents.
So
with
that
I'll
ask.
E
K
Chairman
member
city
council,
scott
steady,
I
spoke
earlier.
I
understand
the
frustration
and
I've
done
a
number
of
these,
the
statute's
very
clear
on
the
parties.
It's
typical
for
media
during
mediation
that
the
parties
I
take
separately
out,
discuss
with
them
and
come
back
to
the
meeting
I
mean
that's
typical
mediation,
the
statute's
clear
about
the
participants
once
there
is
a
looks
like
there
is
something
that
would
come
back
to
city
council.
That's
when
I
opened
the
floor
up
to
hear
comments.
K
Otherwise,
we'd
never
get
to
the
point
of
having
something
to
bring
back
city
council.
So
I
understand
the
frustration
of
the
residents,
but
I'm
comfortable
with
the
number
of
that
I've
done
that
they
got
to
comment
quite
often
on
the
issues
in
between
the
first
one
and
the
second
one.
I
think
staff
definitely
heard
their
comments,
but
the
statute's
very
clear
on
how
the
process
is
done.
I
don't
want
to
get
in
debate.
I
know
they're
frustrated.
G
K
G
Mr
chairman
councilman
miranda,
mr
steady.
In
fact,
I
had
written
myself
a
little
note
here
that
your
job
was
between
this
line
and
this
line
according
to
the
principles
of
law
within
that
yes,
and
that
you
were
your
your
duties
and
I
know
you're
very
capable
of
what
you've
done
in
the
past
and
and
how
you
work
and-
and
I
was
going
to
say
to
myself
first
of
all,
why
is
it
this
way?
G
It
says
way
because
you
or
any
other
one
that
would
be
here
as
a
mediator
has
to
go
between
this
section
of
the
law.
Whatever
falls
in
the
guidelines
of
only
those
specifics
right,
however,
I'm
charged
with
another
charge
that
the
city
of
tampa
has
not
to
what
I've
heard
today
does
not
have
the
same
standards
that
I
had
eight
or
ten
years
ago
understood.
Thank
you.
J
Good
evening,
again,
jessica
eisenmann
for
the
record,
I'd
like
to
address
a
couple
issues.
We've
heard
tonight
from
the
from
some
of
the
residents.
First,
I
want
to
point
out
with
respect
to
the
reporting
requirements.
I
I
do
not
I'll
admit.
I
do
not
know
this
to
be
true,
but
I
will
proffer
that
I
have
worked
for
local
government
in
leon
county
before
and
we
stopped
requiring
reporting
records
because
the
states
basically
took
over
that
responsibility
and
it
was.
It
was
a
waste
of
our
time
and
money
so
I'll
just
throw
that
out.
J
J
You
have
approved
numerous
alcohol
licenses
or
your
staff
has
approved
numerous
alcohol
licenses
of
restaurants
or
bars
within
the
exact
same
building
as
residential.
You
know
condominiums
or
apartments
I'll
give
you
american
social.
J
You
know
the
jacksons,
you
know
you,
we
see
that
all
the
time
and
we
want
you
know
my
I
you
know
we
want
our
downtown
to
be
live,
work
play.
We
don't
want
it
to
be
the
desert.
It
was
about
10
years
ago.
J
With
respect
to
the
operator.
I
do
want
to
point
out
that
we
we
just
communicated
with
our
client
and
pulled
some
and
we
got
some
emails.
So
what
I'm
going
to
distribute
to?
You
is
a
letter
of
intent
which
was
via
email,
and
you
can
see
the
terms
of
the
agreement
in
the
letter
of
intent.
Then
you
will
see
an
email
from
that
same
operator.
Assad
yusupov,
he
sent
us
an
email
immediately
after
your
public
hearing
on
october
21st
2021.
J
That
says,
obviously
with
the
conditions.
The
way
they
were,
we
cannot
operate
a
business
properly.
More
importantly,
I
learned
today
that,
even
when
you
do
everything,
the
residents
want
agree
to
everything
they
request.
For
the
most
part,
it
still
isn't
enough,
I'm
at
a
loss
for
words,
that's
when
the
letter
of
intent
was
terminated.
A
D
A
J
J
N
A
J
J
So
the
next
thing
I'd
like
to
take
take
a
quick
look
at
is
your
noise
ordinance?
Your
noise
ordinance
is,
like
I
said,
incorporated
as
a
special
use
condition
as
part
of
this
permit.
Your
noise
ordinance
is
the
plainly
audible
standard.
I
know
you
guys
have
heard
at
exhaustion
the
noise
ordinance
in
your
plainly
audible
standard,
but
if
you
do
have
questions
on
that,
we
have
our
noise
expert
available
to
answer
questions
with
respect
to
your
noise
ordinance,
and
we
have
also.
J
J
Then
I
want
to
offer
up
a
condition.
So
we've
spoken
with
our
client
and
we
can
give
you
something
that
condition
is
with
respect
to
condition
number
number
five,
which
is
the
outdoor
amplified
sound
condition
we
had
previously
proposed.
Our
mediation
was
11
pm.
We
had
proposed
10
pm
to
you
at
the
beginning
of
this
meeting.
We
can
go
down
to
9
00
pm,
so
that
means
all
amplified
sound
on
the
rooftop
would
cease
operation
at
9,
00
pm.
J
J
J
J
And
with
that,
we
will
be
available
for
questions.
Thank
you.
I
Goods,
I
guess
in
your
previous
now
you
talked
about
nicole
security,
correct.
I
J
You
already
imposed
that
condition
through
your
code,
any
bars
or
restaurants
that
operate
in
the
evening.
Hours
in
your
central
business
district
are
required
to
hire
security,
and
I
believe
I'm
going
off
of
memory.
I
believe
it's
security,
at
least
one
person
per
150
and
that
security
official,
you
know,
can
be
a
retired
law
or
off-duty
law
enforcement
officer,
and
I
agree.
I
have
heard
at
least
anecdotally,
that
there
is
difficulty
finding
security
for
these
establishments
and
that's
you
know,
partly
because
the
job
market
is
difficult
and
it
is
required.
G
And
and
on
the
current
approval
from
ab120-29
to
the
mediating
conditions
ab12120,
which
I
would
imagine
is
the
same
operational
thing-
the
hours
change
on
sunday
from
current
to
mediated
conditions
by
one
hour
on
sunday.
Yet
in
the
bottom
it
says
sunday
hours
are
the
same
as
monday
through
thursday,
and
then
it,
I
guess,
is
equating
it
to
the
other
side
how
it
was.
Then
the
rooftop
hours
are
the
same
as
the
interior
hours.
G
G
Under
the
new
mediated
conditions,
av-1
2120
is
now
12
a.m
or
a
plus
one,
and
you
go
back
to
on
the
rooftop
on
sunday.
Under
current
approval,
ab1
2029
was
sunday
at
9
00
pm
on
the
video
conditions,
ab1
2120.
Now
it's
11
p.m,
plus
two.
So
if
you
count
just
what's
on
page
four,
there's
a
plus
five
hours
difference
in
the
work
week
on
the
types
of
conditions
that
were
changed,
am
I
correct.
J
I
I'm
not
sure
I
100
follow,
but
let
me
explain:
I'm
I'm
looking
at
slide.
Eight
of
the
presentation
is
that
what
you
were
looking
at
no.
J
Okay,
so
I
I'm
now
looking
at
that
slide
with
you,
so
there
were
two
things
changed
between
the
current
approval
and
the
mediated
conditions.
The
first
one
is
sunday
we
brought
up
to
the
same
as
monday
through
thursday,
so
whatever
the
hours
were
on
monday
through
thursday,
sunday
became
that
same
hour,
but
then
with
the
rooftop
hours,
we
made
it
the
same
as
the
interior
hours.
J
What
we
had
proposed
at
mediation
is
to
bring
that
to
the
same
as
the
interior
hours
of
the
operation,
so
that
the
rooftop
did
not
close
one
hour
earlier,
so
that
did
result
with
respect
to
looking
at
sundays.
Specifically
that
did
result
in
a
more
than
one
hour
increase
because
at
least
with
respect
to
the
rooftop,
because
we
pushed
it
forward
an
hour
and
then
made
it
the
same
as
maybe.
G
J
G
G
G
Well,
when
you
get
down
to
sunday
when
I
get
there,
that's
why
I'm
saying
the
same
11
for
thursday
is
the
same
for
friday
and
saturday
right,
yeah
12,
and
I
agree
with
that.
12
am
that
that's
there,
but
when
you
get
to
sunday
it's
under
the
current
approval,
81
2029
on
that
item
it
says
sunday
10
p.m.
You
get
to
the
media
conditions,
it
says
sunday,
one
hour
or
more
11
p.m.
J
G
J
The
yes,
we
proposed
the
mediation
conditions
that
are
before
you
today
changed
sunday,
10
p.m,
to
sunday,
11
p.m.
G
Between
the
two
between
monday
and
thursday,
friday
and
saturday
and
sunday
versus
monday
and
thursday,
friday,
saturday
and
sunday,
and
the
rooftop
between
monday
and
thursday,
monday
and
thursday
is
one
friday
and
saturday
11
to
12
is
one
and
sunday
to
nine
to
eleven
is
two.
So
if
I
add
that
it's
five.
J
H
I
I
would
prefer
to
have:
the
modification
include
no
amplified
sound
outside.
H
On
the
rooftop,
based
on
what
I'm
hearing
from
the
neighbors
and
about
the
a
restaurant
before
being
able
to
to
work
in
that
space
for
years
to
not
have
that
amplified
sound.
Is
that
something
that
that
your
client
could
do?
I
mean,
if
you're
really
having
just
a
restaurant,
then
it
seems
that
no
amplified
sound,
I
mean,
maybe
I'm
old,
but
I
really
love
places.
H
I
can
go
where
there
is
no
noise,
because
I'd
love
to
hear
of
people,
I'm
with
speak,
so
I
mean
the
emails
that
you
gave
us
said
that
this
concept
was
going
to
be
high-end
american.
H
To
me,
that
generally
means
a
quieter
setting
to
enjoy.
You
know
high-end
food
and
drink
and
just
a
little
not
not
incredibly
loud.
Maybe
I'm
wrong
in
my
interpretation
of
high-end
dining.
I
don't
eat
out
much
but
yeah.
Could
you
speak
to
that
possibility.
P
Councilwoman
jake
kramer
for
the
record.
Our
client
couldn't
be
here
physically
today
because
of
some
health
issues.
I
think
I
can
reach
in
by
phone
if
there's
any
other
conditions
that
are
troubling
you
all.
If
we
could
talk
about
them
with
jesse
and
I'll
step
on
the
hallway
and
see
if
I
can
get
a
hold
of
him
on
on
that
specific
issue,
because
I
realize
the
importance.
H
Thank
you
because
that
that's
just
one
that
I
see
that
that
the
residents
that
and
the
client
could
come
together,
because
that's
something
that
someone
mentioned
every
every
single
neighbor
mentioned
that.
G
Two
things
I
want
to
make
sure
that
the
city
council
attorney
approves
that
I
I've
never
had
one
done
yet
that
way,
I
don't
know,
and-
and
I
I
was-
we
don't
see
it.
Sometimes
you
don't
see
someone
here
in
person,
they
don't
let
them
they
don't.
G
Take
the
to
that
point,
I'm
trying
to
sidewind
you
or
anything,
I'm
just
saying
that
I've
never
seen
it
and
when
you
have
someone
here
that
wants
to
speak,
whether
it's
from
the
audience
or
somebody
at
the
home
that
once
if
we
don't
see
them
personally,
we
don't
let
them
speak.
G
That's
calling
me
the
most
throat
is
the
rooftop
music.
It's
fine,
there's
many
restaurants
in
tampa
that
have
that
without
music
and
they're
doing
fine.
However,
what
we're
doing
here
is
the
old
saying
of
putting
the
horse
before
the
car
to
the
car
before
the
horse
backwards
and
we're
trying
to
find
something
that
we
can
put
a
client
in
without
having
the
client.
G
P
P
G
I'm
saying
what
I
see
here,
you
know
society
is
changing
so
much
yes,
sir,
that
they
don't
need
council
members
anymore,
because
everything
is
taken
away
from
the
power.
You
can't
legislate
anything
over
four
apartments.
You
can't
go
at
the
state
once
and
do
it,
yet
they
don't
expect
now
they
won't
say
we're
going
to
inspect
other
after
they
had
the
catastrophe
down
in
south
florida.
Now
they're
going
to
inspect
good
for
them.
G
G
A
C
Listen
to
that
you
that
you
want
to
ask
the
owner
to
try
to
throw
in
now
instead
of
waiting
a
couple
months,
you
know
for
the
sake
of
the
good
people
in
the
audience,
if
there's
anything
else
that
you
all
you
know
had
in
your
hip
pocket
to
throw
out
tonight,
it
now
would
be
a
good
time
to
do
that.
J
Okay,
and-
and
we
would
like
to
like
you,
get
this
done
tonight
and
we
have
if
you,
if
you
have
any
other
heartburn
over
any
other
conditions,
we'd
like
to
hear
it,
and
I
can
step
out
and
and
try
to
just.
J
I
mean
from
what
I
heard
from
the
the
neighbors.
There
were
three
main
concerns.
One
was
the
cover
charge
and
I
believe
we've
satisfied
their
concern
with
our
proposed
modification
already
with
that.
The
second
concern
is
the
noise
on
the
rooftop,
which
I
believe
is
their
biggest
concern.
We
are
going
to
see
if
we
can
do
away
with
noise
on
the
rooftop
now.
The
third
concern
I
heard
was
hours
of
operation
from
some
of
the
neighbors.
Not
all
of
the
people
who
spoke
today,
I
believe
hours
of
operation
was
concerning.
J
I
believe
that
they
had
proposed
midnight
or
believe
midnight
is
too
late
to
close
on
the
weekends,
because
that
could
lead
to
rowdy
crowds.
We
can
take
a
look
at.
J
All
right,
so
we
have
spoken
with
our
client
and
we
are
amenable
to
striking
the
outdoor
amplified
sound
condition,
so
that
would
be
condition
number.
J
J
J
Stricken
we
would
revert
the
condition
number
five
to
the
original
condition
that
is
in
the
current
permit,
which
would
read
there
shall
be
no
live
music
or
amplified
sound
of
any
sort
on
the
rooftop
space.
Video
equipment
may
be
operated
on
the
rooftop
provided
said,
equipment
is
completely
muted,
so
we
will
agree
to
that
modified
condition,
and
I
also
was
told
that
that
that
is
the
extent
we
can
go
at
this
time.
C
Sorry,
I
I
think
it
was
councilman
c
troy.
Sorry,
I
can't
remember
who
maybe
was
heard
tech
talked
about
the
outdoor
sound
downstairs
too.
Is
that
were
you
able
to
get
that
included,
then
I
know
you're
penciling
it
in.
J
H
So
and
again
I
guess
I
just
don't
go
out
enough,
but
monday
through
thursday,
11
p.m.
Does
that
mean
like
doors
close,
you
take
the
last
patron
at
11.
I'm
sorry
p.m.
11
p.m.
Or
does
that
mean
like
the
last
person
can
come
in
and
grab
something
to
eat
around
10
30
because
your
kitchen
closes
at
11,
or
I
mean
like
how
does
that
work
so.
J
H
J
I
think
that
you
know
there
are
times
when
you
don't
go
out
to
dinner
until
8
39,
for
a
variety
of
reasons,
for
example
after
a
council
meeting
after
a
graduation
or
after
a
sporting
event,
so
there
are
instances
where
there
are
late
diners
and
of
course
there
are
those
diners
who
just
linger,
and
so
we
found
we
believe
that
11
p.m.
Midnight
is
appropriate
and
again
that's
not
the
rooftop.
The
rooftop
on
weekends
closes
at
11
p.m.
J
I
I
I
I'm
unfamiliar
with
the
code,
says
about
bars,
but
what
you,
what
you're
saying,
is
you're
trying
to
give
conditions
and
modifications
you're
asking
for
these
two
things,
so
we're
asking
you
questions
of
what
you
presented
to
us,
but
I
understand
what
the
code
is.
We
do
this
every
week
a
reference
to
a
b
usage
of
of
alcohol
where
it
relates
to
bars
and
groups
all
right.
Thank
you.
G
Let
me
just
say
this:
as
long
as
all
the
alcohol
marriage
runs
with
the
land
you're
never
going
to
solve
these
problems,
none
none
of
them
because
they
got
you
by
the
throat.
I
thought
about
you,
good
people,
no,
not
at
all,
I'm
just
taking
in
general
form
as
long
as
the
alcohol
beverage
runs
with
the
land.
G
You
can't
do
a
darn
thing
and
I
said
darn
things
said
in
the
other
word,
because
that's
the
way
the
state
wrote
it,
it
doesn't
do
what
you
do
ability
you
can't
control
anything
that
you
do
once
they
get,
that
liquor
license
it's
very
hard
to
take
it
away,
and
even
if
you
take
it
away,
the
land
is
still
zoned
for
alcohol.
Am
I
correct.
J
J
G
E
And
mr
chairman,
if
I
could
follow
up,
if
you
could
question
for
steph,
but
you
raised
the
issue
of
alcohol
on
the
roof
and
just
a
reminder-
and
we
talked
about
this,
just
as
you
did-
there
are
entitlements
that
are
already
existing
on
that
property
and
mr
mr
cotton
would
be
able
to
address
those
for
council.
M
Eric
cotton
development.
Excuse
me
eric
cotton
development
coronation.
The
location
already
is
wet.
They
did
receive
an
av-1
prior
to
this
current
ab1
that
had
restrictions
on
it.
The
the
rooftop
is
already
wet.
They
do
have
an
ab1
for
bare
wine
and
liquor
same
as
what
they're
requesting
under
this
current
av-1.
I
do
want
to
clarify
some
things
as
a
special
restaurant.
M
They
can
stay
open
in
this
dvd
until
three
o'clock
per
the
code,
regardless
of
I
mean
council,
can
put
conditions
on
that
and
staff
can
put
conditions
on
it,
but
by
code
they
can
save
until
3am.
Security
is
only
required
downtown
for
a
bar,
not
for
a
special
restaurant,
so
they
do
not
have
to
have
security,
because
it's
not
a
requirement
of
code.
G
O
A
K
K
Just
really
fast,
if
I
may,
when
you
you,
mr
chairman,
had
asked
nine
that
was
flatly
rejected
by
mr
kramer.
Is
there
any
other
cutoff
time
that
your
client
would
be
amenable
to
that
you're
aware
of
at
this
time,
or
is
it.
K
The
the
the
chairman
had
asked
for,
I
think
it
was
a
nine
o'clock
cut
off
time
for
the
rooftop,
and
you
had
flatly
said
no
to
that.
Is
there
any
reduction
in
the
present
open
time
as
proposed
that
you
would
be
amenable
to
maybe
not
nine
o'clock,
but
something
other
than
that
or
is
any
change
or
modification,
something
that
your
client
would
reject.
A
K
J
So
here
here's
what
I
suggest
to
to
address
the
hours
of
operation
so
looking
at
condition
number
four.
J
What
we
can
look
to
is
reducing
the
hours
on
the
rooftop
to
one
hour
earlier
than
the
interior
hours.
So
what
that
means
is
interior.
It
would
close
11
p.m.
Sunday,
through
thursday
and
midnight
friday
and
saturday,
then
the
rooftop.
We
would
have
closed
10
p.m,
sunday
through
thursday
and
11
p.m.
Friday
and
saturday.
C
Yeah,
it
was
mentioned
several
times
that
this
would
be
an
upscale
restaurant
and
I
think
legal
would
tell
us
that
that's
not
a
requirement
that
we
can
put
in.
They
can
cut
me
off
if
I'm
wrong,
but
the
other
thing
I
was
wondering
if
mr
cotton
or
someone
could
explain
what
how
how
what
is
being
proposed
now
compares
to
what
a
fly
bar
was
like.
C
E
M
Eric
cotton
development
coordination.
I
can't
really
comment
on
the
fly
bar
because
I
don't
recall
what
that
was
approved
for
I
do
know
that
was
approved
previously.
That
was
an
old
wet
zoning
for
the
fly
bar.
That
was
before
the
code
change
and
we
went
to
the
special
use
criteria
which
allowed
council
to
look
at
parking
and
other
issues.
The
old
web
zonings
were
just
a
site.
You
had
a
council
would
look
at
a
survey.
They
would
make
a
decision,
basically
no
condition
because
that's
the
way
the
system
worked
at
the
time.
M
The
update
in
2009
changed
it
to
a
special
use
right
now
on
the
property.
They
have
an
approval
that
was
done
for
a
small
venue,
bear
wine
and
liquor
under
ab1
20-29
that
had
a
little
bit
more
restrictive
hours
than
what's
being
proposed
now,
which
I
believe
was
in
the
powerpoint
that
was
provided
by
stearns
weaver.
But
if
you
want,
I
can
review
those
again.
But
yes,
sir,
no,
that's!
Okay!
Thank
you.
Okay,.
J
You
I
appreciate
it.
I
I
believe
these
conditions
are
as
far
as
we
can
go
and
the
hearing.
If
we
proceeded
to
a
fluger
hearing,
I
believe
we
would
prevail
and
if
you
again
shot
down
that
recommend
recommendation
from
the
special
magistrate,
we
have
a
very
great
legal
case
as
miss
susan
johnson
velez
has
has
pointed
out.
J
This
is
a
settlement
negotiation,
not
a
quasi-judicial
hearing.
So
another
thing,
not
only
do
you
take
into
account
the
conditions
in
your
code
which
we
the
vehemently
believe
we
meet
and
exceed
the
conditions
in
your
code,
but
you
need
to
take
into
consideration
the
future
litigation
aspect,
so
I
just
I
believe
we
have
addressed
the
cover
charge
and
met
that
we
have
addressed
hours
of
operation
to
the
greatest
extent
we
possibly
can
and
we've
removed
noise
on
the
rooftop,
which
we
have
heard
repeatedly,
is
the
biggest
concern
today.
A
K
Statement
you
know
on
on
something
that
was
said.
I
mean
I'm
a
I'm
a
well
for
five.
Six
months,
I've
been
a
mediator,
got
to
mediate,
probably
like
20
cases,
15
cases
which
is
kind
of
fun
but
yeah,
but
I've
done
tons
of
mediations
as
a
private
attorney,
and
this
is
kind
of
a
case
that
you
get
after,
like
a
seven-hour
mediation,
where
you
know
both
parties
come
in,
wanting
a
home
run
and,
and
you
know,
they're
kind
of
settling
for
a
double
or
something.
K
H
R
At
susan
johnsonville
legal
department,
I
just
I've
been
keeping
notes
here
and
I
just
thought
it
would
be
helpful
to
read
through
all
of
the
modifications
that
council
is
requesting
and
then
have
the
the
owner
confirm
their
no
consent
to
those
modifications
so
that
we're
all
on
the
same
page.
So,
based
on
my
notes,
I've
got
a
modification
to
condition.
4B
that
reads:
rooftop
of
the
establishment
shall
be
required
to
close
at
10
pm
on
sunday.
R
R
Video
equipment
may
be
operated
on
the
rooftop
or
outdoor
area,
provided
that
volume
on
set
equipment
is
completely
muted,
condition.
Number
nine,
the
removal
of
the
second
sentence,
and
so
that
the
condition
would
read
the
establishment
is
prohibited
from
any
use
or
implementation
of
a
cover
charge
or
any
admission
fee
at
any
time,
for
regular
patronage
or
special
events,
and
those
are
all
the
changes
that
I
have
are.
Those
are
those.
C
Councilman
carlson
yeah
miss
johnsonville's.
I
just
to
make
sure
I
heard
it
you
and
you
were
able
to
include
that.
It's
no
outdoor
amplified
sound
on
the
rooftop
and
outside
right.
R
C
Yeah
and
just
I
won't
have
a
question
just
a
second
for
you,
but
just
for
the
statement
similar
to
what
others
said.
I
appreciate
the
public
giving
feedback.
I
appreciate
the
the
owner's
representatives
negotiating
on
the
spot,
ms
johnson
velez.
If
we,
if
we
reject
this,
it's
and
let's
say
it,
goes
through
litigation
and
they
prevail,
we
could
end
up
with
a
much
worse
situation
than
this.
R
Well,
they
have
a
cur.
You
know
there
are
current
entitlements
on
the
on
the
property,
as
I
believe
mr
cotton
is
confirmed.
Mr
shelby
has
discussed.
They
have
an
existing
ab1
permit
20-29.
That
has
conditions
on
it
already,
and
so
those
conditions
would
remain.
I
mean
we've
talked
about
how
they
run
with
the
land.
So
so
that's
what
they've
got
to
operate
under
now
and
if
council
chooses
to
approve
this
ordinance
it
would
you
know
essentially
rescind
that
approval
and
impose
these
conditions
on
the
property.
R
C
P
R
A
R
So
susan
johnsonville
johnsonville's
legal
department,
I
just
want
to
remind
counsel
your
three
options
are
to
accept.
Well
now,
you've
you've
modified
and
the
owner
has
agreed
to
your
requested
modification.
So
you
would
now
you
know
that
if
that's
what
you'd
like
to
modify
and
then
you
would
proceed
to
implement
by
having
first
reading
of
the
ordinance.
K
I
don't
know
if
this
is
proper,
but
procedurally
I
mean
I
would
move
for
approval
of
the
final
proposal
by
the
applicant.
I
don't
know
if
that
means
that
I
read
the
ordinance
or
actually
well.
I.
R
Oh
okay,
well,
I
was
gonna.
Go
ahead.
Maybe
suggest
that
an
appropriate
motion
would
be
to
accept
the
recommendation
of
the
special
magistrate
with
conditions
as
modified
this
evening
and
as
agreed
to
by
the
owner.
So.
E
H
A
K
E
K
And,
and
if
I
may,
I
also
move
mr
lesson
ramos,
who
is
a
very
fine
gentleman,
was
the
head
of
the
terrace
park,
civic
association
for
a
number
of
years.
I
wanted
to
give
him
a
commendation
for
his
work
over
on
bush
boulevard.
A
E
N
A
D
E
Mr
chairman,
members
of
council,
ms
eiserman,
is
here
with
regard
to
the
motion.
I
saw
people
leaving
and
unfortunately,
mr
chairman,
the
motion
failed.
Is
that
correct?
In
order
for
you
to
take
action,
it
requires
an
affirmative
vote
of
four
four
council
members.
Therefore,
another
motion
in
this
case
would
be
an
order,
in
my
opinion,.
H
D
A
H
H
Unfortunately,
and
against
the
backdrop
of
increasing
gun
violence
in
florida
across
the
country,
governor
desantis
has
continued
to
promise
floridians
that
before
he
leaves
office,
he
will
remove
the
requirement
that
residents
who
wish
to
carry
a
firearm
in
public
prove
competency
in
the
safe
handling
of
firearms.
I
would
like
to
make
a
motion
asking
chair
to
send
a
letter
to
governor
desantis
on
behalf
of
city
council,
urging
the
governor
to
revoke
his
promise
to
allow
permit
less
carry
in
the
state
of
florida.
K
I'll
second,
if
I
may,
and
may
I
make
a
comment
on
that,
if
you're
finished
thank
you
yeah
and
I
and
I'm
glad
you're
doing
that
councilwoman.
Thank
you.
So
much
for
that
it
is,
it
is
take
away.
The
recent
tragedies
that
we
have
seen
for
that
to
come
to
florida
is
obscene.
K
You
know
you
don't
the
the
the
the
second
amendment
exists.
I
I
I
support
people's
right
to
bear
arms.
I
do
and
people
bear
arms
to
protect
themselves
for
family
traditions,
for
hunting
for
a
whole
series
of
things,
but
to
begin
this,
this
idea
that
we
can
you
know,
carry
around
rifles
and
and
and
even
semi-automatic
weapons,
etc
in
public
to
me
is
just
obscene
in
florida.
This.
This
is
not
the
florida
that
I
know,
and
I
don't
believe
that
the
vast
majority
of
including
many
republicans
would
support
this
policy.
So.
H
A
I
would
also
like
to
add,
with
your
permission,
that
the
governor
take
a
look
at
loopholes
such
as
gun
shows
where
people
could
just
walk
in
and
buy
a
gun
and
walk
out
through
newspaper
sales,
where
they
could
just
buy
without
any
background
checks
and
extended
background
checks.
But
if,
if
you
don't
want
to
go
that
far,
I
understand
and
I
will
just
stay
with
your
letter.
H
H
R
H
A
A
D
C
Yeah
I
apologize.
I
I
forgot.
I
have
recusal
forms
from
last
week.
I
don't
have
them
in
front
of
me,
but
I
think
marty
has
them.
If
I
could
please
make
a
motion
to
receive
and
file.
D
E
And
vac
22-15.
Thank
you.