TEST. . >>ALAN CLENDENIN: WELCOME BACK TO TAMPA CITY COUNCIL. WE ARE JUST BUZZING ALONG AT 1:34 P.M. AND NOW THROUGH PUBLIC COMMENT. CALL THIS MEETING TO ORDER. >>CHARLIE MIRANDA: HERE. >>GUIDO MANISCALCO: HERE. >>LYNN HURTAK: HERE. >>NAYA YOUNG: HERE. >>ALAN CLENDENIN: HERE. >>CLERK: WE HAVE A WATER, QUORUM. >>ALAN CLENDENIN: CONTINUE WITH PUBLIC COMMENT. PAMELA CANELLA, MEGAN LUCA. FOLLOWED BY REVEREND WILLIAMS. I DON'T THINK HE IS HERE EITHER. NEXT SPEAKER WILL BE CONNIE BURTON. START WITH YOUR NAME AND YOU WILL HAVE THREE MINUTES. THANK YOU FOR BEING PATIENT. >> THANK. MY NAME IS MEGAN PEAK LUCA AND I'M HERE TODAY TO MAKE SURE OUR MERCIFULLY QUIET 2025 STORM SEASON HAS NOT LULLED THIS COUNCIL TO THINK YOU HAVE MORE TIME FOR AUDITS, INVESTIGATION OS ARE WHATEVER IT MAY BE TO FIX THE FLOODING PROBLEM IN PALMA CEIA PINES AND PARKLAND ESTATES. 2025 WAS THE FIRST STORM SEASON IN TEN YEARS THAT FLORIDA DID NOT HAVE A NAMED STORM MAKE LANDFALL. THE YEAR BEFORE THAT, WE HAD TWO NAMED STORMS HIT TAMPA DEAD ON. THE WEATHER IS NOT PREDICTABLE, BUT STATISTICALLY SPEAKING, WE KNOW THE STORMS ARE COMING. INDEED, AS YOU HEARD ON TUESDAY OF THIS WEEK, IT RAINED HARD FOR 15 MINUTES IN MY NEIGHBORHOOD. AND AS A RESULT, I COULD SWIM LAPS DOWN LAKEVIEW. THIS IS NOT A MAINTENANCE PROBLEM. THE COUNCILS BEFORE YOU PRIORITIZED BUILDING GROWTH WHILE IGNORING THE NEED TO ALSO GROW THE INFRASTRUCTURE NECESSARY TO SUPPORT IT. IT IS NOT SOMETHING THAT WE FIX BY PERMITTING THE RETENTION PONDS AND DOING MAINTENANCE. THOSE THINGS NEED TO BE DONE. PLEASE, DON'T GET ME WRONG, BUT THIS IS AN INFRASTRUCTURE PROBLEM. OUR POPULATION HAVE EXPLEXPLODE AMOUNT OF CONCRETE. OUR STORM SYSTEMS. OUR INFRASTRUCTURE CANNOT SUPPORT WHAT WE ARE DEALING WITH NOW. PRIOR COUNCILS HAVE ALLOWED THE PROBLEM TO FESTER. AND NOW IT HAS BECOME YOUR PROBLEM. AND THAT MEANS YOU GET TO BE THE HEROES. YOU GET TO BE THE ONES TO SAY, ENOUGH IS ENOUGH AND WE ARE FIXING IT. THE FLOODS ARE NOT GOING AWAY. AND UNLESS YOU IMPROVE THE INFRASTRUCTURE, THE DAMAGE THEY CAUSE IS NOT GOING AWAY. AND I CAME BACK AFTER LUNCH JUST TO MAKE SURE THAT YOU ALL KNOW THAT UNTIL YOU FIX IT, THE VICTIMS OF THE FLOODING, WE AREN'T GOING AWAY EITHER. THANK YOU. >>ALAN CLENDENIN: THANK YOU VERY MUCH. LET'S SEE. REVEREND WILLIAMS. I DO NOT SEE REVEREND WILLIAMS IN THE AUDIENCE. CONNIE BURTON. I DON'T SEE CONNIE. TARA BLUMA. TARA NO? ROBIN LOCKET, NOT HERE. JULIA MAGILL FOLLOWED BY MENTESNOT. >>LUIS VIERA: AT 3:05 I HAVE TO ESCAPE WITH MY AIDE TO PICK UP TOYS FOR THE SENSORY-FRIENDLY SANTA THING WE DO. ABOUT 20 MINUTES. FOR THE PUBLIC AND EVERYBODY, 20, 25 MINUTES. >>ALAN CLENDENIN: START WITH NAME AND YOU HAVE THREE MINUTES. >> JULIE McGILL, AND I AM A GENERAL CONTRACTOR FROM TAMPA. I AM COMING TO YOU TO COMPLAIN OF THE MAYOR'S OFFICE AND CONTRACT ADMINISTRATION ON HOW THEY DEALT WITH THE BID FOR THE BALLAST POINT PIER. I WANT TO MAKE A BID ON THAT PIER. I WENT OVER THERE AND THERE WAS ELLISON CONSTRUCTION SIGNS UP MONTHS -- I AM TALKING MONTHS BACK BEFORE THIS BID EVER GOT PUT OUT. I QUESTION THAT. I WAS GIVEN THE EXCUSE THAT, OH, WELL, ONE OF OUR OTHER CONTRACTOR WHO HAPPENED TO BE TRIDENT MARINE WAS ACTUALLY FRIENDS OF ELLISON CONSTRUCTION JUST HAPPENED TO HAVE ELLISON CONSTRUCTION SIGNS IN THEIR TRUCK, AND WE HAD TO USE THOSE BECAUSE OF THE VERBIAGE. THE VERBIAGE WAS, IT'S A FELONY IF ANOTHER CONTRACTOR SET FOOT ON THAT PIER. SO I WANT TO KNOW HOW ELLISON CONSTRUCTION WAS GIVEN THAT RIGHT. I ALSO WANT TO STATE THAT THERE WERE ALSO NO TRESPASSING SIGNS AT BALLAST POINT PARK FROM THE PARKS DEPARTMENT. I CALLED THE POLICE DEPARTMENT BECAUSE I WAS TOLD BY THE CITY, THE POLICE DEPARTMENT WANTED TO CERTAIN VERBIAGE ON THERE. THAT WAS NOT TRUE. THAT WAS A LIE. ABOUT TWO WEEKS AFTER I VISITED, I CALLED -- I E-MAILED THE MAYOR'S OFFICE. THEY ACTUALLY MET ME AT THE PIER, BUT THEY COULDN'T UNLOCK THE LOCKS BECAUSE THEY DIDN'T HAVE THE KEYS. THEY DIDN'T KNOW THE COMBINATIONS BECAUSE THEY WERE PROBABLY ELLISON CONSTRUCTION'S. SO I ENDED UP CLIMBING OVER A WALL, CLIMBING OVER A FENCE TO GET ON THE PIER TO SEE THE CONDITION WHICH, AT THIS POINT, WAS I THINK VALUED AT $14 MILLION TO $17 MILLION. AS A CONTRACTOR, NO WAY. ABSOLUTELY NO WAY DOES IT COST THAT MUCH TO REHAB THAT PIER. SO AFTER ALL THAT EPISODES, I CAME TO A PREBID CONFERENCE RIGHT HERE. AND IT WAS BASICALLY A JOKE. AND I AM BEING LITERAL ABOUT THAT BECAUSE THE MAN HEADED IT STOOD UP HERE AND TOLD JOKES. IT WAS A COMPLETE WASTE OF TIME. AND I JUST HAVE A FEELING THIS IS THE GOOD OL' BOYS CLUB COMING BACK TO TAMPA BECAUSE I AM A CONTRACTOR. I ACTUALLY TRIED TO PUT THE BID IN. THEY DIRECT TO YOU A SITE CALLED DEMAND STAR WHICH HANDLES ALL THE PAPERWORK FOR THE BID. I FILLED ALL THAT PAPERWORK OUT, AND I SENT IT IN AND FIND OUT, WELL, THE CITY HAS A DIFFERENT FORM. SO I MISSED THAT OPPORTUNITY SENDING MY BID IN. NOT TO MENTION WHEN I DID MEET THE CITY AT THE PIER, THEY ASKED ME ABOUT THE BID PROCESS. AND I SAID, WELL, IT IS NOT -- IT IS VERY COMPLICATED WITH ALL THIS SOLICITATIONS FOR SLBEs AND FAN THE BOX. IF YOU DON'T KNOW WHAT IT IS. YOU CAN LOOK IT UP. IT IS AWFUL. THEY TOLD ME WE ARE NOT DOING THAT ANYMORE. I NUT NA ON EVERY SINGLE FORM FOR MY BID. I WANT TO KNOW ANSWERS AND WHY ELLISON WAS GIVEN THAT RIGHT. IT IS NOT RIGHT. IT IS NOT FAIR. AND TAKES OTHER CONTRACTORS OUT OF THE BID PROCESS. THANK YOU. >>ALAN CLENDENIN: THANK YOU. MENTESNOT. >> MENTESNOT, TAMPA, FLORIDA. UHURU. I WANT TO SAY UHURA, BECAUSE IT MEANS FREEDOM IN SWAHILI AND WE AS AFRICAN PEOPLE SHOULD ALWAYS BE THINKING OF OUR FREEDOM. MICHAEL FRIEDMAN, STEVE OWE BRAKE, MARY O'CONNOR, KEITH O'CONNOR, BOB BUCKHORN. WHO HAS $1 MILLION IN THEIR CAMPAIGN FUND AND DON'T EVEN HAVE AN OPPONENT. IT IS A CROOKED CITY. THE DEVELOPERS KNOW WHO TO THROW MONEY TO. I AM NOT HERE TO TALK ABOUT THAT HERE THOUGH. I'M HERE TO TALK ABOUT IF ANYONE WOULD KNOW HOW NATHANIEL BACON, JAMES WILSON, CHIEF JUSTICE ROGER TANI, ROBERT E. LEE, JEFFERSON DAVIS, KING LEOPOLD, MARGARET SANGER, BILL CONNOR, GEORGE WALLACE. HOW THEY WOULD FEEL IF A BLACK MAN CONSPIRED TO HAVE THEM ARRESTED, HAVE THEM PUT IN CHAINS, AND DRUG ACROSS THE FLOOR. I UNDERSTAND FULLY HOW DONALD TRUMP FEELS TO HAVE A BLACK LADY BRING CHARGES AGAINST HIM AND MAKE HIM COME TO ATLANTA, GEORGIA AND GET A MUG SHOT. AND EVER SINCE THEN, IT DROVE HIM CRAZY. YOU THOUGHT HE WAS CRAZY, IT DROVE HIM CRAZIER TO BE CORRECT. SAYING BLACK PEOPLE EATING DOGS. WE EATING CATS. WE ARE ANIMALS. WE ARE CRIMINALS. WE ARE LOW LIVES. WE NEED TO GO WHATSOEVER TO SOMALIA AND COMMUNITY AIN'T NOTHING. THEY NEED TO GO BACK WHERE THEY CAME FROM. UNCIVILIZED SOCIETY. I UNDERSTAND JUST HOW THAT MAN FEEL. YOU KNOW WHY? BECAUSE THOSE PARTICULAR PEOPLE THAT I NAMED HAVE A CERTAIN KIND OF PHILOSOPHY, IDEOLOGY, DOGMATIC WAY OF THINKING ABOUT BLACK SKIN, ABOUT THE AFRICAN. A GENOCIDAL WAY OF THINKING ABOUT THE AFRICAN. SO I KNOW HOW THEY FEEL. SO HOW DO YOU THINK I FEEL WHEN A CONSPIRACY TO HAVE ME ARRESTED AND DRUG ACROSS THIS FLOOR BY WHITE -- YOU. >>ALAN CLENDENIN: SIR, YOU ARE OUT OF ORDER. PLEASE LEAVE THE CHAMBER. CIRCUMSTANCES,RGET DOSS. CHRIS MARTINEZ. STEVE MICHELINI, FOLLOWED BY STEPHANIE POYNOR. NO? STEPHANIE POYNOR. IT'S NOT GOING TO HAPPEN AGAIN. >> GOOD AFTERNOON. THIS IS THE FIRST. WE HAVEN'T EVEN GOTTEN TO NUMBER 4 YET. I AM WORRIED OF THE BOARD APPOINTMENTS AND HOW MANY ARE EXPIRED ALREADY AND REAPPOINTING SOMEBODY AND THAT CONFUSED ME. NUMBER 32, WHY DO WE CONTINUE WITH INFILL BUILDING BEING SINGLE-FAMILY DETACHED.WE NEED TO BE BUILDING MISSING MIDDLE. IT SHOULD BE CODE THAT IF SOMEBODY GETS A FREE LOT FROM THE CITY OF TAMPA, IT SHOULD BE MULTIFAMILY UP TO FOUR UNITS, HOWEVER THAT WORKS OUT. THEN THAT WAY YOU CAN AT LEAST PUT TWO PEOPLE ON IT INSTEAD OF ONE. TWO FAMILIES. I JUST DON'T UNDERSTAND WHY WE ARE NOT DOING MISSING MIDDLE HERE. MULTIMODAL FEES, YES, OF COURSE. SIDEWALKS NEED TO BE INSTALLED EVERYWHERE. JUST LIKE CARROLL ANNE SAID. I AM BEFUDDLED AT HOW THIS WORKS. HOW IN THE WORLD IN THE CITY OF TAMPA DO YOU GET 12 WEEKS PAID LEAVE BEFORE YOU GET FIRED. HOW DO YOU GET 12 WEEKS. THE MAN MADE $171,000 A YEAR. AND WHEN MR. O'CONNOR GOT SENT HOME FOR GETTING IN TROUBLE, HE STILL GOT PAID FOR 12 WEEKS. HOW MANY A.D.A. SWINGS IS THAT? HOW MANY PEOPLE CAN WE EMPLOY. HOW MANY YOUNG PEOPLE CAN WE EMPLOY DURING THE SUMMER WITH THAT KIND OF MONEY. THAT IS $40,000. THAT IS A LOT OF MONEY. I MEAN, SERIOUSLY. WHY WOULD WE GIVE SOMEBODY LEAVE WITH PAY. YOU KNOW WHAT, IF HE WAS COMPLETELY ABSOLVED AND HE CAME BACK TO WORK AND HE GOT HIS JOB BACK, GOOD ON HIM. YOU GIVE HIM HIS BACK PAY. BUT WHY IN THE HELL WAS HE PAID WHEN HE WASN'T WORKING. THAT IS A PAID VACATION TO ME. I NEVER HAD A PAID VACATION. HOW DOES THAT WORK? 12 FREAKING WEEKS. WE PAID HIM TO DO NOTHING BUT SIT HOME! AND ON TOP OF THAT, HE STOLE SOME WOMAN'S CHILD SUPPORT. THAT'S WRONG. THAT IS SOMEBODY'S CHILD DOING WITHOUT BECAUSE HE WANTS TO DO SHADY -- >>ALAN CLENDENIN: THANK YOU. THAT CONCLUDES PUBLIC COMMENT. THAT'S IT BECAUSE A LOT OF PEOPLE DIDN'T SHOW UP AND COME BACK FROM LUNCH. WE WILL GO TO NUMBER 4. I WANT TO FILL YOU IN ON SOME OF THE DISCUSSIONS I HAD ABOUT BOARD APPOINTMENTS. WE HAVE A LOT OF COUNCIL BOARD APPOINTMENTS THAT ARE EXPIRED OR VACANT. I SET UP MEETINGS WITH THE CLERK'S OFFICE AND OTHER ASSOCIATES AND OTHER INTERESTED PARTIES. WE WILL MEET IN JANUARY TO COME UP WITH A BETTER PROCESS OF FILLING THESE POSITIONS AND GIVING DETAILS AND INFORMATION SO THAT WE HAVE A MORE ACTIVE ROLE IN RECRUITING FOLKS FOR THESE POSITIONS SO WE DON'T HAVE THESE VACANCIES AND THESE OPENINGS. SO JUST TO LET YOU KNOW SO THAT PROCESS -- I HAVE BEEN WORKING WITH SULING AND OTHERS TO GET THAT DONE. COUNCILWOMAN HURTAK. >>LYNN HURTAK: I APPRECIATE THAT, BECAUSE WE HAVE FOUR APPOINTMENTS TO THIS BOARD. I DIDN'T APPOINT. YOU DIDN'T APPOINT. AND IT COUNCILWOMAN YOUNG DIDN'T APPOINT. WE WEREN'T HERE FOR THOSE APPOINTMENTS. MY PROBLEM WITH TODAY'S, I HAVE ASKED FOR THE APPLICATIONS TO BE THERE, AND THERE WERE NO APPLICATIONS SO I DON'T KNOW ANYTHING ABOUT THIS PERSON. SO I CAN'T VOTE ON THIS TODAY. I REALLY WANT THE -- THE PERSON'S APPLICATION. >>ALAN CLENDENIN: DID RANDY SHOW BACK UP? DID HE COME BACK UP? >> RANDY JACKSON WAS HERE TODAY. ONCE I FOUND OUT THAT THE COUNCILWOMAN WANTED TO SEE HIM. I CALLED HIM AND HE CAME HERE AT NOON AND HE HAD TO GO BACK. HE SAID IF YOU WANT TO SPEAK TO HIM, HE WOULD BE HAPPY TO COME BACK IF YOU WANT TO RESET IT. >>ALAN CLENDENIN: I WAS GOING TO SAY -- >>CLERK: JUST TO CLARIFY AN APPLICATION WAS SUBMITTED TO COUNCIL BY E-MAIL THROUGH MISS RAMSEY AND AVAILABLE AND ATTACHED TO THE MEMORANDUM. >>LYNN HURTAK: IT WASN'T ORIGINALLY BECAUSE ALL I GOT WAS THE REAPPEAR POLICE OCCASION. THE ONE I READ WAS THE REAPPOINTMENT APPLICATION. THEY CHECK A BOX SAYING I WANT TO BE REAPPOINTED AND WE DON'T HAVE THE BACKGROUND, WHO THEY ARE. WHAT SCHOOL -- WHY THEY CHOSE TO BE -- THEY DON'T HAVE TO ANSWER THOSE QUESTIONS. WE ASK FOR ORIGINAL APPLICATION SO WE CAN FIND OUT SOMETHING ABOUT THE PERSON. >>ALAN CLENDENIN: MY UNDERSTANDING THAT RANDY IS OKAY WITH THIS AND OTHER APPOINTMENT COMING UP ON THE 18th. I HEARD A MOTION TO CONTINUE THIS TO THE 18th FOR COUNCIL MEMBER MANISCALCO. SECOND FROM COUNCILWOMAN HURTAK. ALL IN FAVOR, SAY AYE. OPPOSED. AYES HAVE IT.THIS IS CONTINUED UNTIL DECEMBER 18. AND NOW WE HAVE THE WALK ON. A MOTION FROM COUNCIL MEMBER MANISCALCO MO MOVE THE RESOLUTION. SECOND FROM COUNCILWOMAN HURTAK. ALL IN FAVOR, SAY AYE. OPPOSED. MATTHEW SINK. >>GUIDO MANISCALCO: REAL QUICK, MR. CHAIRMAN. AN E-MAIL CAME THROUGH ASKING WHY THERE WAS A SECOND READING ON THIS. NOT A SECOND READING. WHEN WE APPOINT, MR. SHELBY HAS TO PREPARE THE RESOLUTION SO STANDARD PROCEDURE. >>ALAN CLENDENIN: WE READ THIS THE FIRST TIME. FORMAL RESOLUTION WE ARE MOVING TODAY. A MOTION AND A SECOND. ALL IN FAVOR, SAY AYE. OPPOSED. THE AYES HAVE IT. >>MARTIN SHELBY: MR. CHAIRMAN. MARTIN SHELBY, CITY COUNTY ATTORNEY. WHEN YOU VOTED, YOU MADE IT OFFICIAL, THIS MEMORIALIZED THE RESOLUTION AND IT IS RETROACTIVE. EVEN THOUGH YOU MOVED IT TODAY, RETROACTIVE TO THE DAY OF THE VOTE. >>ALAN CLENDENIN: VERY GOOD. THANK YOU FOR THE CLARIFICATION. IF THERE ARE ANY REQUESTS FOR RECONSIDERATION OF LEGISLATIVE MATTERS? HEARING NONE. CONSENT AGENDA, PUBLIC SAFETY. COUNCIL MEMBER VIERA, MOVES ITEMS 5-SO. >>LUIS VIERA: I HEARBY MOVE ITEMS 5-10. >>ALAN CLENDENIN: MOTION BY COUNCIL MEMBER VIERA. SECONDED FROM COUNCIL MEMBER MIRANDA. ALL IN FAVOR, SAY AYE. OPPOSED. AYES HAVE IT. >>NAYA YOUNG: I MOVE ITEM 11. >>ALAN CLENDENIN: A MOTION BY COUNCIL MEMBER YOUNG AND SECONDED BY MANISCALCO. ALL IN FAVOR, SAY AYE. OPPOSED. AYES HAVE IT UNANIMOUSLY. >>GUIDO MANISCALCO: MOVE ITEMS 12-20. >>ALAN CLENDENIN: THANK YOU. MOTION FROM COUNCIL MEMBER MANISCALCO AND SECONDED FROM COUNCIL MEMBER VIERA. ALL IN FAVOR, SAY AYE. OPPOSED. AYES HAVE IT. FINANCE COMMITTEE. COUNCIL MEMBER MIRANDA, MOVE ITEMS 21-23. >>CHARLIE MIRANDA: SO MOVED. MOVE ITEM 21-23. >>ALAN CLENDENIN: MOTION FROM COUNCIL MEMBER MIRANDA. SECONDED FROM COUNCIL MEMBER MANISCALCO. ALL IN FAVOR, SAY AYE. OPPOSED. AYES HAVE IT. >>ALAN CLENDENIN: 24-32. >>BILL CARLSON: I MOVE 24-32. >>GUIDO MANISCALCO: SECOND. >>ALAN CLENDENIN: ALL IN FAVOR, SAY AYE. OPPOSED. AYES HAVE IT. THANK YOU. MOBILITY ASSET MANAGEMENT COMMITTEE. COUNCILWOMAN HURTAK, MOVE 33 AND 34. >>LYNN HURTAK: I MOVE 33 AND 34. >>CHARLIE MIRANDA: SECOND. >>ALAN CLENDENIN: ALL IN FAVOR, SAY AYE. OPPOSED. AYE HAVE IT UNANIMOUSLY. MOTION TO SET THE PUBLIC HEARING FOR ITEM 35. >>GUIDO MANISCALCO: SO MOVED. >>CHARLIE MIRANDA: SECOND. >>ALAN CLENDENIN: ALL IN FAVOR, SAY AYE. OPPOSED. AYES HAVE IT UNANIMOUSLY. MOTION TO OPEN ALL PUBLIC HEARINGS. >>GUIDO MANISCALCO: SO MOVED. >>LYNN HURTAK: SECOND. >>ALAN CLENDENIN: ALL IN FAVOR, SAY AYE. OPPOSED. AYES HAVE IT UNANIMOUSLY. THANK YOU, PUBLIC HEARINGS ARE NOW OPEN. MOVING TO THE 10:00 PUBLIC HEARINGS. THESE FIRST ONES ARE NONQUASI JUDICIAL. WE DON'T HAVE TO BE SWORN IN. ITEM NUMBER 36. >>CAMARIA PETTIS-MACKLE: GOOD AFTERNOON, CAMARIA PETTIS-MACKLE FROM THE LEGAL DEPARTMENT. I WITH A TONIGHT FIRST THANK SUSAN RENRICK AND TROY CHAVEZ FOR ATTENDING THE BRIEFINGS THAT I HAD WITH CITY COUNCIL TO ANSWER ANY QUESTIONS REGARDING CODE ENFORCEMENT AND TO DISCUSS FURTHER THIS ORDINANCE. CITY COUNCIL, WE HAD OUR BRIEFINGS. I AM AVAILABLE IF YOU HAVE ANY QUESTIONS AND CITY COUNCIL APPROVED THIS ORDINANCE ON FIRST READING. >>ALAN CLENDENIN: COUNCIL HAVE ANY QUESTIONS? HEARING NONE. ANYONE IN THE AUDIENCE WISHES TO SPEAK TO ITEM 36. MR. MICHELINI. >> GOOD AFTERNOON, COUNCIL. I SENT AN E-MAIL TO YOU REGARDING FINES THAT CONTINUE TO RUN WHILE YOU ARE IN THE PROCESS OF TRYING TO RESOLVE AN ISSUE AND THE COUNTY ALLOWS YOU -- AND I ATTACHED THAT TO THE E-MAIL I SENT TO YOU -- TO STAY ANY FINES WHILE YOU ARE IN THE PROCESS OF RESOLUTION. SOMETIMES THE RESOLUTION TO THESE ISSUES TAKES MONTHS. AND IT SIMPLY ISN'T FAIR. MANY OF THESE FOLKS HAD THEIR PROPERTY LIENED WHICH MEANS THEY CAN'T GET LOANS. THEY CANNOT GET FINANCING TO RESOLVES THE PROBLEMS. SO IF YOU ASSIGN A LIEN TO THE PROPERTY OR YOU DON'T STAY THE FINES, YOU END UP WITH SOMETIMES HUNDREDS OF THOUSANDS OF DOLLARS, TENS OF THOUSANDS OF DOLLARS THAT YOU THEN HAVE TO TRY TO RESOLVE AND GO BACK AND GET ANOTHER HEARING TO RESOLVE THAT. I WOULD URGE THE COUNCIL TO CONSIDER INSERTING A PROVISION THAT IS SIMILAR TO WHAT THE COUNTY HAS, WHICH SIMPLY SAYS THAT WHILE YOU ARE IN THE MIDDLE OF RESOLVING THE ISSUE, THE NO FINES SHOULD BE ASIGNED OR ACCRUED. THE SECOND ISSUE IS ON PAGE 2 OF THE ORDINANCE, IT REMOVES THE CITY COUNCIL FROM APPOINTING A MAGISTRATE. AND IT SAYS, OUTSIDE COUNSEL ENGAGED BY THE CITY ATTORNEY TO PROVIDE SUCH SERVICE. SO IT DOESN'T COME TO YOU, BUT IT ALLOWS THE CITY ATTORNEY TO APPOINT A MAGISTRATE WITHOUT YOUR REVIEW OR WITHOUT YOUR CONSIDERATION. THIS POLICY OF NOT -- OF ALLOWING FINES TO CONTINUE IS DISCRIMINATORY. IT HURTS PEOPLE. IF YOU LOOK OR ATTEND ANY OF THOSE CODE ENFORCEMENT HEARINGS, YOU CAN SEE A LOT OF THESE PEOPLE ARE NOT PREPARED, AND IT IS VERY SIMILAR TO A JUDICIAL PROCESS WHEREIN THEIR PROPERTY RIGHTS ARE AFFECTED. A COUPLE OF THINGS MIGHT BE CONSIDERED, INCLUDING APPOINTING SOMEONE THERE AS -- LIKE A PUBLIC DEFENDER TO HELP OTHER PEOPLE, BECAUSE THE CITY ATTORNEY'S OFFICE AND THE MAGISTRATE ARE NOT IN THAT JOB. IT IS NOT THEIR POSITION AND NOT THEIR RESPONSIBILITY. SO ANYWAY, WE DID THE RESEARCH, MYSELF AND SOME OF THE OTHER LAW FIRMS THAT I CONTACTED. WE DID THE RESEARCH AND FOUND THAT OTHER JURISDICTIONS STAY FINES. THEY DON'T ALLOW FINES TO CONTINUE. SOMETIMES THE MAGISTRATE WILL GIVE YOU 60 DAYS TO COMPLY. IF YOU FALL OUTSIDE OF THAT, THE FINES BEGIN. I WOULD STRONGLY URGE THE COUNCIL -- AND I KNOW YOU RECEIVED OTHER E-MAILS REGARDING THAT MATTER -- TO CONSIDER EN CERTING THAT INTO THIS CODE BEFORE YOU ADOPT IT. THANK YOU VERY MUCH. >>ALAN CLENDENIN: THANK YOU. MR. MICHELINI, I HAVE SPOKEN WITH STAFF AND I THINK I SPOKEN WITH YOU TOO. CAMARIA, CAN YOU ADDRESS THOSE ISSUES. WAS ANYBODY ELSE IN THE PUBLIC WHO WISHES TO SPEAK TO THIS ITEM? LET'S FINISH WITH PUBLIC COMMENT AND THEN I WILL BRING YOU UP. I THOUGHT THAT WAS THE ONLY ONE. >> MY NAME IS SANDRA SANCHEZ. AND I JUST RECENTLY HAD A RUN-IN WITH CODE ENFORCEMENT. OVER SOME CONTRACTOR ISSUES. WHAT I WOULD LIKE FOR IS AN AUDIT OF THAT DEPARTMENT AND THE WORK FLOW. BECAUSE THE RIGHT HAND DOESN'T KNOW WHAT THE LEFT HAND IS DOING. THEY SEND OUT LETTERS WITH PHONE NUMBERS OF PEOPLE FOR TO YOU CONTACT IF YOU HAVE QUESTIONS. THE TWO LADIES IN CODE ENFORCEMENT THAT HAD TO DO WITH ME GOING OVER TIME FOR 132-SQUARE-FOOT CLOSET I WANTED BUILT IN MY BACK PORCH NEVER CALLED. I EVEN HAD TO CALL CHIEF BENNETT TO SEE IF HE CAN GET THEM TO RESPOND TO ME. THERE IS NO EXCUSE FOR THAT. LUCKILY, SOMEBODY IN PLANNING GOT IN THE MIDDLE OF IT AND CALLED ME ABOUT THE MEDIATION. BECAUSE WHAT HAPPENS WAS, I WAS GETTING SHORT OF THOSE 60 DAYS. THEY ALREADY TOLD ME THEY WOULD APPROVE THE PERMIT. IT WAS OVER A HOLIDAY WEEKEND. SO I FINALLY GOT THE MEDIATION. THE MEDIATION WAS ON A TUESDAY -- A WEDNESDAY. ON THURSDAY, I GOT A LETTER FROM THE TAX ASSOCIATION THAT THE CITY OF TAMPA PUT A LIEN OF ME ON $1,000 BECAUSE I WAS LATE ON A PAYMENT. THEY COULD NOT EVEN WAIT FOR THE MEDIATION, AND BY THE WAY, I DIDN'T HAVE TO PAY IT. THE OTHER THING IS, IS, LIKE I SAID, I HAD A PORCH DAMAGED DURING THE STORM. I DECIDED I NEEDED TO PUT A BETTER ROOF ON IT TO PROTECT IT. THE CITY CAME OUT WITH AN ORDINANCE IF IT IS UNDER 500 SQUARE FEET, YOU CAN USE NEW MATERIALS AND REPAIR IT. WELL, I DECIDED I WAS GOING TO REPAIR IT AND PUT A REAL ROOF ON. SO CONSEQUENTLY, THAT MADE IT A BUILDING. I NEEDED A BUILDING PERMIT FOR THAT. TO GET A BUILDING PERMIT, I NEEDED TO FIND AN ARCHITECT. THEY WANTED BETWEEN $6,000 AND $8,000. AND THEY DIDN'T WANT THE JO BE. NO MECHANICAL, NO ELECTRICAL, NO PLUMBING INVOLVED, A ROOF AND THREE WINDOWS. SOMETHING HAS TO -- THERE HAS TO BE SOME WAY THIS CAN ALL COME TOGETHER. LUCKILY, THE JOB -- AND BESIDES THAT, I HAD A GENTLEMAN THAT WAS WORKING AS THE -- THE JOB OVERSEER. I CAN'T THINK OF THE WORD FOR IT. WHEN HE WENT TO MEDIATION WITH ME AND WE GAVE HIM THE INFORMATION, HE HAD DOCUMENTED EVERY TIME WE CALLED -- TALKED TO THE -- TO CITY. EVERY TIME I ASKED FOR A PAYMENT. EVERY TIME I MADE THE PAYMENT. AND WE WERE NOT LATE ON ANYTHING. AND EVEN THE LADY FROM PLANNING CAME AND TOOK OUR PLACE. BUT FOR THEM TO PUT A LIEN ON MY PROPERTY FOR ONE DAY. THEY COULDN'T WAIT FOR THE MEDIATION, THAT LIEN IS OFF, BUT NEVERTHELESS, THAT RECORD IS THERE. I THINK -- I ASK THAT HAD YOU ALL -- HAVE AN AUDIT FOR THIS DEPARTMENT AND ITS WORK FLOW. THANK YOU. >>ALAN CLENDENIN: THANK YOU. NEXT. START WITH YOUR NAME, PLEASE. >> HELLO, RICHARD ROBINSON. I AM ACTUALLY HERE FOR ITEM 42, BUT WHEN I HEARD THIS ONE, IT ACTUALLY, LIKE, HIT ME, BECAUSE I AM GETTING MY -- MY PROPERTY REZONED. AND WHILE I WAS GETTING MY PROPERTY REZONED, CODE ENFORCEMENT CAME. AND THEY SAID THAT THERE IS A TREE THAT WAS CUT DOWN AT SOME POINT IN TIME, AND I AM GOING TO GET FINED FOR IT. AND I TRIED TO GO ON THE CITY WEB SITE TO GO AHEAD TO PAY FOR IT. THE COUNTY TO PAY FOR IT, YOU KNOW, BECAUSE I HAVE NO IDEA WHEN IT WAS BECAUSE I ACQUIRED THE PROPERTY FROM MY FATHER, YOU KNOW, SO AT SOME POINT BETWEEN THEN AND ME GETTING AND KNOCKING DOWN MY BUILDING TO ACTUALLY DO SOMETHING BETTER FOR, YOU KNOW, THAT COMMUNITY THAT I HAVE BEEN IN FOR, YOU KNOW, MY GRANDFATHER'S GRANDFATHER'S TIME. I AM TRYING TO PAY FOR THIS ONE TREE THAT WAS CUT DOWN, AND I DON'T EVEN KNOW HOW TO PAY FOR IT. THIS WAS DONE DURING MY REZONING. THAT IS THE ONLY REASON WHY I STOOD UP NOW, BECAUSE THIS HIT ME ALSO. AND I DON'T THINK THAT IT IS RIGHT IF I AM GOING TO REZONE A PLACE. AND NOW BECAUSE I AM GETTING REZONED NOW, I AM GOING TO START GETTING FINED BECAUSE I AM GETTING -- I AM BEING -- YOU KNOW, I AM TRYING TO DO SOMETHING BETTER. SO THAT IS THE REASON WHY I CAME UP HERE. AND I WILL SEE YOU IN A LITTLE WHILE. >>ALAN CLENDENIN: THANK YOU. START WITH YOUR NAME, PLEASE. >> GOOD AFTERNOON, STEPHANIE POYNOR. I COULD TALK TO YOU FOR HOURS ABOUT -- >>ALAN CLENDENIN: WE KNOW. >> -- ABOUT MY CODE ENFORCEMENT ISSUES BECAUSE I FILE A LOT OF THEM BECAUSE NEIGHBORS ARE AFRAID TO FILE CODE ENFORCEMENT ISSUES. FOR INSTANCE, I FILED ONE ON THE RELATED GROUP'S BUILDING, RITZ-CARLTON. A SEVEN-STORY BANNER ON THE SIDE OF IT. I FILED A CODE ENFORCEMENT COMPLAINT AND I OUT IN ADDRESS I FOUND IN ZILLOW. YOU WOULD THINK A 30-STORY BUILDING. I GET A PHONE CALL FROM THE LADY AT CODE ENFORCEMENT. WE ARE NOT GOING CONTINUE TO WILD-GOOSE CHASES. I AM PARAPHRASES BECAUSE I DON'T HAVE ALL DAY TO TALK ABOUT IT. THE POINT IS, THEY CAN'T FIND A 30-STORY BUILDING WITH A SEVEN-STORY BANNER ON THE SIDE OF IT? THAT IS WHAT THEY TOLD ME. SERIOUSLY. AND SHE PUT ME ON HOLD. DIDN'T REALLY PUT ME ON HOLD. I HAD TO HANG UP AND CALL BACK AND I SAID I FOUND THE ADDRESS. LET ME GIVE IT TO YOU. I CAN'T TAKE THAT INFORMATION. I SAID YOU CAN'T TAKE CODE ENFORCEMENT COMPLAINTS OVER THE PHONE. SHE SAID YES, WE CAN. WHY CAN'T YOU FIX THE ADDRESS ON THE ORIGINAL ONE. >>. OH, I CAN'T DO THAT BECAUSE YOU CAN GIVE ME THE WRONG ADDRESS. EXCUSE ME? I ALSO HAD CODE ENFORCEMENT CALL ME AT MY HOUSE WHILE I AM SITTING AT MY DESK IN MY OFFICE AND TELL ME THAT MY HOUSE DOES NOT EXIST, 7009 LAN CARE LANE. THAT IS INTERESTING BECAUSE MY FAT BEHIND IS SITTING HERE WHERE I HAVE BEEN FOR THE LAST 13 YEARS. LITERALLY. I CALLED BECAUSE THEY CALLED AND NOT LEFT ME A VOICEMAIL AND I CALLED BACK AND SAID SOMEBODY CALLED ME FROM YOUR OFFICE. WELL, I DON'T KNOW WHO ITS. I KNOW FOR A FACT THEY ALL SIT TOGETHER. YOU CAN'T LEAN OVER AND SAY, HEY, DID YOU GET A CALL. DID YOU CALL THIS LADY? I EVEN GAVE THEM THE ADDRESS BECAUSE I CALLED IN A CODE ENFORCEMENT COMPLAINT NOT 30 MINUTES BEFORE THAT. I AM REALLY HOPING THAT WE TAKE THE OPPORTUNITY WHILE WE ARE GOING TO PUT NEW BLOOD AND LEADERSHIP IN THERE TO CLEAN UP SOME OF THE MESS THAT GOES UP IN THAT DEPARTMENT. AND I AM NOT TALKING OF THE PEOPLE THAT COME OUT AND MAKE THE JUDGMENTS AND PICK THINGS UP AND DO THAT -- ALL THAT STUFF. EVERY TIME I EVER ENCOUNTERED SOMEBODY OUT IN THE FIELD, I HAVE BEEN VERY IMPRESSED. BUT TO CALL THOSE LADIES ON THE PHONE, OH, LORD. >>ALAN CLENDENIN: ANYBODY ELSE IN THE PUBLIC WISH TO SPEAK ON THIS ITEM? CAMARIA? >>CAMARIA PETTIS-MACKLE: CAMARIA PETTIS-MACKLE FROM THE LEGAL DEPARTMENT. THE PROPOSED -- FROM THE PUBLIC COMMENT THAT I AM AWARE OF THAT MR. MICHELINI IS TALKING ABOUT THAT WAS SENT TO CITY COUNCIL. THAT IS REGARDING THE AUTHORITY OF THE DIRECTOR, SPECIFICALLY IN THE CITY OF TAMPA, THE DIRECTOR OF NEIGHBORHOOD ENHANCEMENT. I HAVE NOT PRESENTED AN ORDINANCE REGARDING THE AUTHORITY OR TO AMEND THE AUTHORITY OF THE DIRECTOR OF NEIGHBORHOOD ENHANCEMENT. THAT IS ACTUALLY FOUND IN A DIFFERENT PART OF OUR CODE. THE AUTHORITY OF THE DIRECTOR OF NEIGHBORHOOD ENHANCEMENT IS FOUND IN CHAPTER 19. NOT IN CHAPTER 9. SO I HAVE GIVEN THE LANGUAGE FOR THE ORDINANCE -- THIS IS ALL ONLY STRICTLY ABOUT CHAPTER 9. BUT THE PROPOSAL, THE SUGGESTION FROM MR. MICHELINI IS IN A DIFFERENT -- ENTIRELY DIFFERENT CHAPTER OF OUR CODE CHAPTER 19. AND CITY COUNCIL -- MISS ZELMAN HAS ALREADY PRESENTED THE INFORMATION. CITY COUNCIL HAS ALREADY APPROVED THE RESOLUTION FOR THE LAW FIRM THAT IS CONDUCTING THE HEARINGS. THAT HAS ALREADY BEEN RESOLVED AND WE STATED THAT ON NUMEROUS OCCASIONS. >>ALAN CLENDENIN: THE POINT THAT MR. MICHELINI MADE. I DON'T THINK I SPOKE -- MAYBE ABBYE, WHAT STAFF PERSON. SOUNDS COMMON SENSE IF SOMEONE IS TRYING TO FIX THE PROBLEM, THAT WE ABATE FINES. WHERE IS THAT LOCATED? >>CAMARIA PETTIS-MACKLE: MR. CHAIR, AS I OUT IN THE REVISED ORDINANCE THAT IS BEFORE YOU, I HAVE AMENDED -- PROVIDED ADDITIONAL LANGUAGE TO GIVE THE SPECIAL MASTER THE AUTHORITY TO AMEND A FINAL ORDER FROM THAT -- THAT WAS ISSUED. THE ORDER CAN BE AMENDED TO ALLOW THE DEADLINE FOR COMPLIANCE TO BE EXTENDED, MEANING EVEN BEFORE A FINE STARTS RUNNING, A PROPERTY OWNER BASED ON THE LANGUAGE THAT IS IN THIS ORDINANCE, CAN FILE A REQUEST TO HAVE A HEARING IN FRONT OF THE SPECIAL MAGISTRATE TO ASK TO EXTEND THE DEADLINE FOR COMPLIANCE SO THAT NO FINE STARTS RUNNING. THAT AUTHORITY IS NOT IN THE CODE. THIS ORDINANCE GIVES THAT AUTHORITY. AND IT STICKS -- SPELL IT IS OUT SPECIFICALLY TO ALLOW A PROPERTY OWNER TO FILE A REQUEST WITH THE CLERK. IT IS IN THE ORDINANCE. TO EXTEND THE DEADLINE FOR COMPLIANCE. THE PROPERTY OWNER COULD STATE IN FRONT OF THE SPECIAL MAGISTRATE WHY THEY NEED MORE TIME TO COME INTO COMPLIANCE. AND IT WILL BE UP TO THE SPECIAL MAGISTRATE TO MAKE THAT DETERMINATION. BUT IF THE SPECIAL MAGISTRATE DECIDES TO GRANT THE REQUEST TO EXTEND THE DEADLINE FOR COMPLIANCE, THE SPECIAL MAGISTRATE WITH THIS ORDINANCE WILL BE ALLOWED TO AMEND THE ORDER TO EXTEND THE DEADLINE FOR COMPLIANCE. >>ALAN CLENDENIN: I THINKING THAT IS HOW I EXPLAINED IT WHILE WE WERE ON THE PHONE. COUNCILWOMAN HURTAK. >>LYNN HURTAK: I THINK I AM CONFUSED HERE, BECAUSE ARE FINES AND LIENS THE SAME THING? >>CAMARIA PETTIS-MACKLE: DAILY FINES ARE JUST DAILY FINES. A LIEN -- SO THERE WILL BE A LIEN ON A PROPERTY IF A PERSON IS NOT IN COMPLIANCE WITH THE CODE BY THE DEADLINE, OKAY. BUT THE PERSON -- THE PROPERTY OWNER IS NOT HAVING TO PAY A DAILY FINE. FOR EXAMPLE, IF THE SPECIAL MAGISTRATE ASSESSED A $250-A-DAY FINE. THEY DON'T HAVE TO PAY $250 EVERY DAY TO THE CITY OF TAMPA. THE CASE STOPS RUNNING A DAILY FINE ONCE THEY ARE IN COMPLIANCE WITH THE CODE. ONCE THEY ARE IN COMPLIANCE WITH THE CODE, A FINE SETTLEMENT WILL BE PROVIDED FOR THAT PROPERTY OWNER. >>LYNN HURTAK: BUT THERE IS A LIEN PUT ON THE PROPERTY. >>CAMARIA PETTIS-MACKLE: CORRECT. >>LYNN HURTAK: GENERALLY, THERE HAS TO BE A NUMBER WITH THE LIEN? >>CAMARIA PETTIS-MACKLE: WHAT DO YOU MEAN BY THAT? >>LYNN HURTAK: YOU PUT A LIEN ON MY PROPERTY AND SAYS IT A LIEN -- >>CAMARIA PETTIS-MACKLE: A RECORDED LIEN SAYING YOU ARE NOT IN COMPLIANCE WITH THE CODE. IT IS AN ORDER. RECORDING THE ORDER FROM THE SPECIAL MAGISTRATE. >>LYNN HURTAK: OKAY. >>ALAN CLENDENIN: ANY OTHER QUESTIONS. HEARING NONE, CAN I GET A MOTION TO CLOSE. >>LUIS VIERA: SO MOVED. >>ALAN CLENDENIN: SECOND FROM -- >>CHARLIE MIRANDA: SECOND. >>ALAN CLENDENIN: ALL IN FAVOR, SAY AYE. OPPOSED. THE AYES HAVE IT. I SEE COUNCILMAN CARLSON, I AM ASSUMING YOUR INTENT TO VOTE NO ON THIS AGAIN. WILL YOU READ THE SUBSTANCE OF THE ORDINANCE, COUNCIL MEMBER VIERA. >>LUIS VIERA: YES, SIR. THIS IS 36. EXCUSE ME MOVE AN ORDINANCE PRESENT TODAY ARE SECOND-READING AND ADOPTION. OF THE CITY OF TAMPA, FLORIDA, MAKING COMPREHENSIVE -- -- SUBSTITUTE ORDINANCE PRESENTED FOR SECOND READING AND ADOPTION, ORDINANCE OF THE CITY OF TAMPA, FLORIDA, MAKING COMPREHENSIVE REVISIONS TO THE CITY OF TAMPA CODE OF ORDINANCES CHAPTER 9, CODE ENFORCEMENT REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. >>ALAN CLENDENIN: MOTION FROM COUNCIL MEMBER VIERA. SECOND FROM -- >>CHARLIE MIRANDA: I READ EVERYTHING THAT WAS GIVEN TO ME. I READ THEM ALL. ABOUT TWO OR THREE WEEKS IN THE ROW. I AM NOT SURE THIS IS ONE -- >>ALAN CLENDENIN: INDICATE YOU ARE THERE FOR THE FIRST. I NEED A IS SECOND TO MOVE THIS. IS THERE A SECOND. >>GUIDO MANISCALCO: RESTATE IT. >>ALAN CLENDENIN: THE CHAPTER 9 ORDINANCE. ITEM NUMBER 36. COUNCIL MEMBER VIERA HAS READ THE ORDINANCE. I NEED A SECOND. >>CHARLIE MIRANDA: I WILL SECOND IT. WE GOT TO VOTE. >>ALAN CLENDENIN: MAN, LIKE PULLING TEETH. A MOTION FROM COUNCIL MEMBER VIERA. SECONDED FROM COUNCIL MEMBER MIRANDA. COUNCILWOMAN HURTAK. >>LYNN HURTAK: I AM STILL CONFUSED. I UNDERSTAND THERE ARE JUST SEPARATE SECTIONS OF THIS. I STILL BELIEVE THAT WE NEED TO TALK ABOUT THIS JUST FROM THE PUBLIC COMMENT TODAY. WE NEED SOMETHING MORE COMPREHENSIVE ABOUT CODE ENFORCEMENT. I JUST -- I TRULY BELIEVE WE DO. >>ALAN CLENDENIN: DID YOU GET THE BRIEFING. >>LYNN HURTAK: I THOUGHT I UNDERSTOOD IT BUT THE LIEN THING. >>ALAN CLENDENIN: TOTALLY SEPARATE. TOTALLY DIFFERENT. YOU WANT TO REOPEN THE HEARING? >>LYNN HURTAK: NO, I DON'T, BECAUSE IT IS NOT GOING TO BE CLEAR TO ME. AND -- SO -- SO WHAT I WILL DO IS I WILL SAY YES FOR THIS, BUT I WILL ABSOLUTELY SAY THAT WE JUST -- WE STILL NEED TO WORK ON REV REVISING. MAYBE CHAPTER 19 IS NEXT. >>ALAN CLENDENIN: WE HAVE A MOTION AND A SECOND. PLEASE RECORD YOUR VOTE. >>CLERK: MOTION CARRIED WITH CARLSON VOTING NO AND YOUNG BEING ABSENT AT VOTE. >>ALAN CLENDENIN: VERY GOOD. ITEM NUMBER 37. >>DANA CROSBY COLLIER: GOOD AFTERAFTERNOON, DANA CROSBY COLLIER FROM THE CITY ATTORNEY'S OFFICE. SECOND READING FOR THE HISTORIC PROPERTY TAX EXEMPTION APPLICATION FOR THE PROPERTY LOCATED 2234 EAST th. HEATHER BOND GAVE A COMPREHENSIVE PRESENTATION OF THE PROPERTY OF THE IMPROVEMENTS AT FIRST READING. >>ALAN CLENDENIN: THANK YOU. ANY QUESTIONS? HEARING NONE. ANYONE IN THE PUBLIC WHO WISHES TO SPEAK TO THIS ITEM? >>CHARLIE MIRANDA: MOVE TO CLOSE. >>ALAN CLENDENIN: A MOTION TO CLOSE FROM COUNCIL MEMBER MIRANDA. SECOND FROM COUNCIL MEMBER MANISCALCO. ALL IN FAVOR, SAY AYE. OPPOSED. AYES HAVE IT. COUNCILMAN CARLSON. >>BILL CARLSON: MOVE ITEM NUMBER 37, FILE NUMBER HTX 25-18470, ORDINANCE PRESENTED FOR SECOND READING AND ADOPTION. ORDINANCE APPROVING A HIS I CAN PRESERVATION PROPERTY TAX EXEMPTION APPLICATION RELATIVE TO THE RESTORATION, RENOVATION OR REHABILITATION OF CERTAIN PROPERTY OWNED BY YBOR NU NUCCIO LCC LOCATED AT 2234 EAST 7th AVENUE, TAMPA, FLORIDA, IN THE YBOR CITY HISTORIC DISTRICT BASED ON CERTAIN FINDINGS; PROVIDING FOR NOTICE OF THE PROPERTY APPRAISER OF HILLSBOROUGH COUNTY, PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT, PROVIDE AN EFFECTIVE DATE. MOTION BY COUNCILMAN CARLSON. SECONDED BY COUNCIL MEMBER VIERA. PLEASE RECORD YOUR VOTE. >>CLERK: MOTION CARRIED UNANIMOUSLY WITH COUNCILMAN YOUNG ABSENT AT VOTE. >>ALAN CLENDENIN: I WANT TO PAUSE THIS -- >>BILL CARLSON: WHEN I SAID NUCCIO, DID I NOT SAY THAT RIGHT? >>LYNN HURTAK: NO, NO -- >>BILL CARLSON: I HEARD YOU GUYS WHISPERING. >>LYNN HURTAK: WE SAID WE NEEDED A FULL COUNCIL FOR THE SECOND ONE. >>ALAN CLENDENIN: YOU ARE GOOD. ITEM NUMBER 37 -- SORRY, 38. >>ROSS SAMONS: ROSS SAM SAMONS, VAC-25-06. I AM AVAILABLE IF YOU HAVE NAYA YOUNG QUESTIONS. >>ALAN CLENDENIN: COUNCIL HAVE ANY QUESTIONS? APPLICANT. >> GOOD AFTERNOON, COUNCIL. TYLER HUDSON, 400 NORTH ASHLEY DRIVE. A LONG MORNING AND A LONG AFTERNOON. THIS IS A VACATING. NO CHANGES BETWEEN FIRST AND SECOND READING. WE UPLOADED TO THE RECORD A MEMORANDUM OF THE STATUS OF THE TITLE THAT WE TALKED AT LENGTH WITH TITLE INSURANCE COMMITMENTS WITH THREE DIFFERENT NATIONAL TITLE COMPANIES AND A LETTER FROM OUR LICENSE SURVEYOR REGARDING THE RIGHT-OF-WAY NOT GOING TO THE SHORELINE. I THINK WE HAVE A FULL RECORD AND HOPE THAT YOU VOTE FOR THIS AGAIN LIKE YOU DID AT THE FIRST READING AND WE PROBABLY WILL TALK AFTER REBUTTAL. THANK YOU. >>ALAN CLENDENIN: THANK YOU. ANYONE IN THE PUBLIC WISH TO SPEAK TO ITEM 38? COME ON UP. START WITH YOUR NAME. IT WILL COME UP ON THE OTHER ABOUT ONE. GREAT. GOOD MORNING. MY NAME IS MICHAEL RICH -- >>ALAN CLENDENIN: HOLD ON A SECOND. CAN WE GET THE WOLF UP ON THE PUBLIC MONITORS, PLEASE. THERE WE GO. START OVER. >> GOOD MORNING, MICHAEL IRISH ON WEST DRYAD STREET. MANY PEOPLE IN SUNSET PARK IS DISMAYED OF THE CITY COUNCIL'S DECISION TO CHANGE THEIR VOTE FROM THE MAY 1 MEETING. APPLICANTS HAVE DISTRACTED YOU WITH ONE BIG GAME OF WHACK-A-MOLE WITH FIVE DIFFERENT THEORYS AND RATIONALES AND YOU HAVE FALLEN FOR IT AND WE AS A COMMUNITY HAVE TO PAY THE PRICE. FIRST IN THE APPLICATION, THEY CITED SAFETY CONCERNS. NO EXAMPLES OF INCIDENTS OF SAFETY CONCERNS HAVE BEEN PROVIDED. ON THE MAY 1 HEARING, THEY TALKED ALL ABOUT OWNERSHIP. WE ARE AT 100% SURE THAT WE OWN THIS PROPERTY THEY SAID. WELL, WE SPOKE WITH THE PROPERTY APPRAISER'S OFFICE, THAT IS NOT WHAT THEY BELIEVE. THE APPLICANTS HAVE YET TO PURSUE A QUIET TITLE ACTION. EVEN CITY ATTORNEY ROB WIGGI WIGGINGENENTON IN PERSON AND IN E-MAIL ONLY BY A COURT OF LAW AND THE PROPERTY APPRAISER'S OFFICE. AT THE NOVEMBER 6, THREW THREE NEW DARTS. APPLICANTS TRIED TO GO INTO A VACATION BY CLAIMING THAT THE CITY DID NOT HAVE A STORMWATER EASEMENT THANKFULLY CITY ATTORNEYS REJECTED THAT. THEY TOUCHED ON THE PARK THAT IS MORE THAN A HALF A MILE AWAY. AND FINAL THREE THEY WORE YOU DOWN WITH A WEAK, HYPOTHETICAL LIABILITY ARGUMENT. WHAT IF WE GET SUED.THAT IS WHAT WE WOULD DO. FAST FORWARD TO TODAY AND BACK TO OWNERSHIP WITH A NEW BULKED-UP SET OF TITLE COMMITMENT LETTERS POSTED A COUPLE OF DAYS AGO. I AM GOING TO SPEND MY LAST COUPLE OF MINUTES FOCUSING ON THE LAST TWO ITEMS. IF THE APPLICANTS BELIEVE THEY OWN THE PROPERTY ALL ALONG, THEY WOULD HAVE PUT IT ON THE APPLICATION, NOT SAFETY CONCERNS AND WOULDN'T HAVE CALLED THEMSELVES ADJACENT PROPERTY OWNERS. THE ORIGINAL TITLE COMMITMENT LETTER THEY PROVIDED WAS EFFECTIVE ONLY TWO WEEKS BEFORE THE INITIAL MAY 1 HEARING. IF THE APPLICANTS ARE SURE THEY OWN THIS LAND, LET THEM MAKE THAT ARGUMENT IN COURT. PLEASE DO NOT HAND IT OVER TO THEM ON A WHIM AND THIS IS NOT THE RIGHT VENUE FOR THAT. WE MADE IT OBVIOUS THAT THE NEIGHBORHOOD USE THIS LAND FOR THE ENJOYMENT OF THE OUTDOORS AND PROVIDES A CLEAR PUBLIC GOOD. AND YOU, YOURSELVES, CITED THIS MEMO MULTIPLE TIMES AT MULT MULTIPLE MEETINGS ARGUING THAT A RIGHT-OF-WAY CAN BE USED FOR VARIOUS FUNCTIONS AND GOODS. YOU HAVE NO OBLIGATION TO VACATE HERE. REGARDING PERSONAL INJURY ABILITY, FLORIDA CASE LAW OF SUITBACK TO THE CITY OF SARASOTA THAT YOU HAVE IN YOUR IN BOX. IN FLORIDA AN ADJACENT PROPERTY OWNER IS NOT RESPONSIBLE FOR INJURY ON A PUBLIC RIGHT-OF-WAY OR SIDEWALK UNLESS THERE IS A CITY ORDINANCE THAT CREATES A PRIVATE RIGHT OF ACTION. I AM NOT AN ATTORNEY, BUT TO MY KNOWLEDGE, NO SUCH ORDINANCE EXIST. FINALLY BREAKING THIS DOWN TO BASIC PRINCIPLES. WHY ARE THE APPLICANTS DOING IT. ONLY LOGICAL THEY WANT AN EXPANDED PRIVATE BACK YARD. THEY HAVE A SIX-FOOT-HIGH WALL, FENCING OFF THEIR PROPERTY IS NOT GOING TO MAKE IT SAFER FROM INTRUDERS AND I TOUCHED ON LIABILITY. I GET IT. YOU ARE TIRED OF THIS MATTER, BUT RELENTING TO THE APPLICANT'S -- SORRY? >>ALAN CLENDENIN: TIME IS UP. >> SORRY. THANK YOU. >>ALAN CLENDENIN: THANK YOU VERY MUCH. NEXT. GOOD AFTERNOON. >> HELLO, GOOD MORNING. MY NAME IS NATALIE REINHART, AND I'M HERE AGAIN SO THANK YOU FOR THIS OPPORTUNITY TO SPEAK YOU WITH. I AM VERY DISCOVERED TO BE HERE YET AGAIN THIRD TIME BECAUSE AS YOU KNOW OUR ENTIRE NEIGHBORHOOD, MINUS THE APPLICANTS, IS STAUNCHLY AGAINST VACATING THIS RIGHT-OF-WAY. NO PUBLIC GOOD FOR THIS LAND TO BE IN PRIVATE OWNERSHIP. YOU MAY RECALL IN OUR PRESENTATION BACK IN 2025, YOU VOTED AGAINST VACATING THIS RIGHT-OF-WAY. THEN COUNCIL MEMBER CLENDENIN WAS ENCOURAGED TO RECONSIDER THIS ONLY ONE MONTH LATER. MR. CLENDENIN AND MR. SHELBY ADVISED OUR GROUP TO TREAT THE NEXT CITY COUNCIL PRESENTATION AS A COURT OF LAW, SO WE DID. WE RESEARCHED POLICE REPORTS, OTHER RIGHT-OF-WAY VACATIONS OVER THE PAST THREE YEARS, AND PRESENTED OUR CASE WITH INTEGRITY AND HONESTY. BUT THE OPPOSITION HAS SWAYED YOU ALL USING ARGGHABLY OF LIABILITY AND SECURITY CONCERNS AND NO BASIS THAT THEY PROVIDED. THEY ALSO REPORTED THAT THE PORT OF TAMPA HAS OWNERSHIP OF OVER THE SECRETED LAND THAT IS ON THE BAY. AND EVEN WISHED US "GOOD LUCK" IN GAINING ACCESS FOR GAINING THAT LAND FOR PUBLIC USE. WE ATTENDED PUBLIC MEETINGS AND IN CONTACT WITH DAVE ROBERTS, DIRECTOR OF REAL ESTATE WITH THE PORT, NOT ONLY DOES HE NOT BELIEVE THAT THE PORT HAS STAKE ON THIS LAND. HE STATED IF IN FACT THEY DO, HE WILL COMMIT TO WORKING WITH THE SUNSET PARK TO LEASE THE SECRETED LAND BACK TO THE CITY TO RESIDENTS HAVE ACCESS TO THE BAY. IF YOU VOTE THIS DOWN, DIRECT CONFLICT WITH THE CITY OF TAMPA COMPREHENSIVE PLAN TO INCREASE ACCESS TO BLUE AND GREENWAYS. THE PROCESS TO GAIN ACCESS TO THE SECRETED LAND WILL TAKE 45-PLUS DAYS TO ACCOMPLISH. SO I AM ASKING YOU TODAY TO VOTE NO IN VACATING THIS RIGHT-OF-WAY OR AT THE VERY LEAST ISSUE A CONTINUANCE SO THAT MORE FACTUAL INFORMATION ON THIS CAN COME TO LIGHT RATHER THAN YOU TAKING EVERYONE'S WORD. THIS -- THE CITY ATTORNEYS CANNOT TELL YOU WHO OWN THIS LAND AND THE PORT IS NOT CLAIMING THE SECRETED LAND. IF THERE IS A SHADOW OF A DOUBT IN YOUR MIND AT THIS POINT, DO THE RIGHT THING BY ALL OF THE PEOPLE IN THE CITY OF TAMPA AND VOTE TO PRESERVE THIS LITTLE GREEN SPACE. THE CITY OF TAMPA HAS BEEN THE CUSTODIAN OF THIS LAND FOR OVER 106 YEARS. AND YOU VOTED NO TO VACATING THIS RIGHT-OF-WAY IN 1987, MAY 2025. SO I AM ASKING YOU TO PLEASE DO THE SAME THING AGAIN TODAY. >>ALAN CLENDENIN: THANK YOU. >> THANK YOU. >>ALAN CLENDENIN: NEXT SPEAKER. >> HELLO, MY NAME IS REB REBECCA BABINGER. HONORABLE COUNCIL, THANK YOU FOR YOUR TIME ON THIS MATTER. I'M HERE AGAIN TO RECONSIDER THE CITY'S VACATING THIS RIGHT-OF-WAY BEFORE THE FINAL VOTE. MANY OF US IN NOVEMBER AND SOME OF US HERE TODAY TO TALK OF THIS IMPORTANCE OF THIS LITTLE SPACE FOR THE SUNSET PARK COMMUNITY, CRITICAL ROLE OF PROVIDING PUBLIC SPACE STATION FORE OUR CHILDREN. AT THE NOVEMBER MEETING, WE HEARD FROM THE APPLICANTS A SAFETY ISSUE OF POTENTIAL LAWSUITS, BUT SINCE TAKE OWNERSHIP OF THE RESIDENCE 38 YEARS AGO, WE FOUND NO LAWSUIT OF THIS RIGHT-OF-WAY PUBLIC LAND. WE LIVE IN A WORLD OF WHAT IFS. IN 40 YEARS WE HAVEN'T HAD A SINGLE LAWSUIT. RATHER FAR-FETCHED DON'T YOU THINK IT SUDDENLY WILL HAPPEN IF WE MAINTAIN THE STATUS QUO. NOT ASKING TO YOU CHANGE IT BUT MAINTAIN THE STATUS QUO. HONORABLE CHAIRMAN, YOU HONORED REQUESTS FROM LESS AFFLUENT COMMUNITIES AND RELINKED RIGHT-OF-WAY AND YOU WANTED TO BE EQUITABLE IN THIS DECISION MAKING. I APPLAUD YOUR COMMITMENT TO EQUITY I WOULD LIKE TO SHARE THE ANATALIE FROM BASEBALL. WHEN AN UMPIRE MAKES A BAD CALL ON A PITCH, THE WORSE POSSIBLE ACTION IS TO MAKE ANOTHER BAD CALL ON THE SUCK SEQUENT PITCH TO MAKE UP FOR THE MISTAKE THEY MADE ON THAT PREVIOUS ONE. NOW YOU JUST MADE TWO BAD CALLS. THE ROLE OF UMPIRE TO MAKE THE BEST POSSIBLE CALL EACH AND EVERY TIME. IN THIS CASE, THE BEST VOTE IS THE FAVORITE OF THE PUBLIC GOOD OVER PRIVATE GAIN. THIS IS WHAT IT BOILS DOWN TO, PUBLIC GOOD OVER PRIVATE GAIN AND YOUR JOB AS COUNCIL MEMBERS TO SORT THROUGH THE LEGAL ARGUMENTS AND REPRESENT YOUR COMMUNITIES. I URGE THE COUNCIL TO REVIEW FUTURE APPLICATIONS FROM LESS AFFLUENT COMMUNITIES WHO DON'T HAVE TIME TO TAKE TIME OFF WORK, ARRANGE FOR CHILD CARE AND APPEAR BEFORE YOU OR HIRE FANCY LAWYERS TO DO SO. BEFORE I FINISH, I WOULD LIKE TO ASK THAT YOU ASK THESE VERY IMPORTANT QUESTIONS SINCE WE ARE NOT ALLOW TO ASK THE APPLICANTS QUESTIONS. NUMBER ONE, PLEASE ASK ALL PARTIES WHAT THEY BELIEVE HAPPENS TO THE OWNERSHIP OF THIS LAND IF YOU VACATE THE CITY'S RIGHT-OF-WAY. OUR UNDERSTAND SOMETHING THAT APPLICANTS BELIEVE THEY WILL EACH OBTAIN OWNERSHIP OF 50%. HOWEVER, WE BELIEVE THE CITY ATTORNEYS DO NOT AGREE WITH MOTION TO. IT MUST BE CLEAR TODAY IF LEFT UNANSWERED, HOW WILL FUTURE PEDESTRIAN USE WILL BE TRE TREATED.WILL IT BE TREATED AS CRIME. THIS IS ESPECIALLY IMPORTANT BECAUSE IT REMAIN AS BE OPEN QUESTION WHETHER THE APPLICANTS WILL BE PERMITTED TO INSTALL A FENCE. NUMBER TWO, PLEASE ASK ALL APPLICANTS, HOW MANY TIMES HAVE YOU BEEN SUED FOR THE INJURIES OVER THE LAST 38 YEARS THAT THEY HAVE LIVED THERE. I AM NOT TALKING RUMOR ON ANECDOTES. LEGITIMATE EXAMPLES. WE SEARCHED THE PRESIDENT YOU CAN WILL I CAN RECORD AND COULDN'T FIND NONE. THANK YOU FOR YOUR TIME. >>ALAN CLENDENIN: NEXT SPEAKER. PLEASE START WITH YOUR NAME PLEASE. >> DICK POWERS. GOOD AFTERNOON, COUNCIL MEMBERS. I WOULD LIKE TO GIVE YOU SOME HISTORICAL INFORMATION CONCERNING WHAT WE ARE TALKING ABOUT. MY NAME IS DICK POWERS. MY WIFE AND I LIVED IN THE SAME HOUSE IN SUNSET PARK SINCE 1985. WE ARE SIX HOUSE AWAY FROM THE PROPERTY THAT HE WANTS TO CLAIM AS HIS PERSONAL PROPERTY. THIS PIECE OF PROPERTY WAS THE ONLY REMAINING PIECE OF LAND WITH ACCESS TO THE WATER A NUMBER OF YEARS AGO. NEIGHBORS WOULD KAYAK FROM THERE AND ENJOY THE WATER ACCESS. WITHIN THE FIRST TEN YEARS OF MR. YARED MOVING IN, HE STARTED COLLECTING SIGNATURES FROM NEIGHBORS HOPING TO BUILD A PROPERTY AND BUILD A FENCE TO ELIMINATE ACCESS TO THE WATER. HE WAS NOT SUCCESSFUL. PROPERTY REMAINED A PUBLIC RIGHT-OF-WAY AND THE FENCE WAS NOT ALLOWED BY THE CITY. FIVE YEARS AGO, CITY COUNCIL VOTED AGAIN NO TO HIS REQUEST THAT THIS LAND BE GIVEN TO MINIMUM. HIS NEIGHBORS AND SUNSET PARK HOMEOWNER ASSOCIATION VOTED OVERWHELMINGLY. AND I REPEAT THAT, OVERWHELMINGLY NOT TO GIVE THE LAND TO HIM. HE BUILT AN ILLEGAL FENCE AND COUNCIL TOOK NO ACTION. WE DON'T UNDERSTAND WHY COUNCIL DID NOT. ONE CURRENT COUNCIL MEMBER TOLD ME IT IS RARE THAT COUNCIL REVISITS A REQUEST AGAIN. HE SAID IN THE PAST FIVE YEARS, ONLY ONE OR TWO REQUESTS HAVE BEEN REVISITED. THIS IS MR. YARED'S THIRD REQUEST. WE FEEL HE IS BEING GIVEN PREFERENTIAL TREATMENT. WE DON'T KNOW WHY. I HEARD THE COST OF KEEPING THE PROPERTY MAINTAINED IS AN ISSUE. IF THAT IS THE CASE, WE WILL PAY FOR THE LAWN TO BE MOWED AND MAINTAINED. LASTLY, THIS LAND IS THE ONLY LAND THAT CHILDREN HAVE TO PLAY ON THE INTERSECTION OF WEST SAN JOSE STREET AND NORTH DUNDEE STREET. NEAREST OTHER LAND FOR CHILDREN TO PLAY ON THIS -- ON LAND IS APPROXIMATELY ONE QUARTER OF A MILE AWAY. PLEASE VOTE NO TO GIVE THIS MAN TO MR. YARED. IF YOU HAVE ANY QUESTIONS, I WILL DO MY BEST TO ANSWER THEM. >>ALAN CLENDENIN: THANK YOU, MR. POWERS. >> THANK YOU. >>ALAN CLENDENIN: NEXT SPEAKER. >> CARROLL ANN BENNETT. LIFE-LONG RESIDENT OF SOUTH TAMPA. I LIVE VERY CLOSE TO THIS AREA. I WOULD LIKE TO POINT OUT I WAS HERE FOR THE FIRST READING AND I HEARD THE CONCERNS ABOUT LAWSUITS, ON GETTING INJURED. YOU ARE TALKING ABOUT GRASS. I MEAN, YOU ARE TALKING ABOUT A MOWED PIECE OF GRASS. THE ONLY -- PUTTING WHAT SOUNDS LIKE AN ILLEGAL FENCE ON IT, A STRUCTURE, INCREASES THE OPPORTUNITY FOR INJURY. AND IS SECOND THING IS, IT WILL ALSO INCREASE THE OPPORTUNITY FOR INJURY, A SECOND FENCE. THE STRUCTURES THEY ALREADY PUT THAT MAY BE ILLEGAL AND THE ONE THEY ARE PROPOSE ALSO INCREASE THE OPPORTUNITY FOR LAWSUITS RATHER THAN JUST A FLAT MOWED PIECE OF GRASS. I THOUGHT IT WAS VERY INTERESTING WHAT THEY SAID OF PORT AUTHORITY AND THE PRIOR USE OF THE LAND. I DON'T HAVE THE EXACT CITATION FOR YOU, BUT I KNOW THE COMP PLAN. AND THE COMP PLAN SAYS THAT THE -- THE CITY SHOULD BE LOOKING FOR EVERY OPPORTUNITY TO INCREASE PUBLIC SPACES, RECREATIONAL SPACES, ESPECIALLY, ESPECIALLY, ESPECIALLY ON THE WATER. SOUNDS TO ME LIKE WE HAVE A GOLDEN TUNE HERE. THE PORT AUTHORITY WANTS TO WORK WITH THE CITY. I MEAN I AM -- THIS SOUNDS TO ME LIKE THIS COULD BECOME A JEWEL THAT EVERYBODY CAN ENJOY. YOU KNOW WHAT, WE CAN PLANT A FEW LIVE OAK THERE IS. THANK YOU. >>GUIDO MANISCALCO: TYPE 1. >>ALAN CLENDENIN: NEXT SPEAKER. >> GOOD AFTERNOON. STEPHANIE POYNOR. SOUNDS LIKE THERE IS COMPETENT, SUBSTANTIAL EVIDENCE THAT YOU CAN'T -- HOW CAN YOU GIVE AWAY THIS EASEMENT OR RIGHT-OF-WAY OR WHATEVER IT IS IF PART OF IT BELONGS TO THE PORT AUTHORITY. BUT THEY DON'T KNOW IT BELONGS -- DON'T THEY DO TITLE SEARCHES FOR THIS STUFF? I MEAN, IN MY WORLD, THEY DO. BUT I -- YOU KNOW, IT IS JUST -- THESE FOLKS HAVE DONE A GOOD JOB OF SHOWING UP AND SPEAKING UP. AND WHAT GOOD FENCES MAKE GOOD NEIGHBORS, BUT I AM KIND OF WORRIED WHAT KIND OF NEIGHBORS THEY ARE GETTING HERE. BUT ULTIMATELY, THEY CAN'T DECIDE WHO OWN IT IS. SO YOU CAN'T TELL SOMEBODY WHAT TO DO WITH IT, BECAUSE YOU DON'T EVEN KNOW FOR SURE THAT YOU ALL OWN IT. HOW CAN YOU MAKE A DECISION WHEN YOU DON'T HAVE ALL THE FACTS. DO WE HAVE THE TITLE SEARCH? THEY SHOWED SOMETHING FROM A MONTH AGO. I MEAN, SERIOUSLY. AND THE APPLICANTS ARE THE ONE WHO SAID -- SOMEBODY SAID, SOMEBODY WHO MAKES A LOT OF MONEY DOING WHAT THEY DO SAID PART OF IT BELONGS TO THE PORT. YOU CAN'T GIVE AWAY PORTLAND BECAUSE IT DOESN'T BELONG TO YOU EITHER! YOU CAN'T MAKE A DECISION ON THIS. BECAUSE YOU DON'T HAVE ALL THE INFORMATION. AND I AM SORRY, BUT NOBODY SHOULD GET A PIECE OF LAND LIKE THIS FOR $573. THANK YOU. >>ALAN CLENDENIN: THANK YOU. ANYBODY ELSE WHO WISHES TO SPEAK TO THIS ITEM? OKAY. REBU REBUTTAL? >> GOOD AFTERNOON, COUNCIL. YOU KNOW, I THINK IT IS REALLY ALL BEEN SAID ON THIS. 106 YEARS AGO PROPERTY OWNERS DEDICATED THIS LAND TO THE CITY FOR PURPOSES OF MAKING A ROAD. IT WAS NOT BUILT FOR 106 YEARS. IT IS NOT GOING TO BE BUILT TOMORROW. NOT GOING TO BE BUILT EVER. EVERYBODY KNOWS THAT. THIS IS PRIVATELY OWNED LAND. WE HAVE ALL THE EVIDENCE -- ALL THE EVIDENCE WE PUT INTO THE RECORD. THREE DIFFERENT NATIONAL TITLE INSURANCE COMPANIES ALL CONCLUDING THE SAME THING THAT IT IS PRIVATELY OWNED. I NEVER IN MY REAL ESTATE LAWYER CAREER SEEN THREE TITLE INSURANCE COMPANIES ALL BE WRONG. WE HAVE A LICENSED SURVEYOR SAYING THAT THE RIGHT-OF-WAY DOES STOP AT THE WATER LINE. REGARDING THE PORT PROPERTY, AGAIN, I WAS NOT IN ANY OF THOSE CONVERSATIONS. WE KNOW THAT THE PORT BELIEVES THEY OWN THE LAND THAT IS ON THE WATER BECAUSE THEY HAVE BEEN DEEDING IT TO OTHER PEOPLE OVER THE YEARS FOR THEIR DOCKS, BUT KINDS OF LOOK AT THAT COURSE OF DEALING, IT ESTABLISHES THAT THE PORT DOES OWN THAT. SO WE REALLY TALKED ABOUT THIS A LOT AT THIS POINT. I UNDERSTAND AND SYMPATHIZE WITH FOLKS WHO FEEL LIKE THEY ARE LOSING SOMETHING, BUT THIS IS NOT A PARK. IT HAS NEVER BEEN A PARK. IT CAN NOT BE A PARK. AND THE FACT THAT IT IS THIS ACCIDENTAL GREEN SPACE DOES CREATE LIABILITY RISK FOR THE FOLKS ON EITHER SIDE. I DON'T THINK THAT IS A FAIR BURDEN FOR THEM TO BEAR ALONE. IF THE CITY WANTS TO TURN THIS INTO A PARK, THE CITY CAN BUY THE LAND. THAT IS AN OPTION, BUT NOBODY HAS BROUGHT THAT FORWARD GIVEN THE AMOUNT OF MONEY JUST SPENT DONE A PARK DOWN THE STREET WHICH IS BEAUTIFUL AND AT LEAST $1 MILLION WENT INTO. WITH THAT I WILL TURN IT OVER TO THE OTHER APPLICANT'S REPRESENTATIVE, MR. MICHELINI. THANK YOU. >> COUNCIL, STEVE MICHELINI, I REPRESENT JEFF ITALIANO THE ADJACENT PROPERTY OWNER ON OTHER SIDE WHO IS A JOINT PETITIONER FOR THIS REQUEST. IT IS A PROBLEM. IT HAS BEEN A PROBLEM. IT IS NOT A RECREATIONAL AREA. I MEAN, PEOPLE HAVE USED IT, BUT IT IS THE SAME AS IF IN YOUR NEIGHBORHOOD THERE WAS A VACANT LOT, AND THE KIDS, INCLUDING MYSELF, WENT UP AND THEY -- THEY PUT IN A BASEBALL FIELD OR SOME SORT TO PLAY ON IT OR A FOOTBALL OR WHATEVER. IT DOESN'T GIVE YOU A RIGHT OF OWNERSHIP. IT SIMPLY MEANS WHEN SOMEBODY WHO COMES IN THAT DOES OWN IT THAT WANTS TO BUILD SOMETHING, THAT YOU HAVE TO LEAVE. SO IN THIS CASE, I AM NOT SURE SOMEHOW THEY ASSUMED THAT IS A CITY OWNED. IT DOES NOT HAVE ACCESS TO THE WATER. WE HAVE SHOWN YOU THE PHOTOGRAPHS. WE HAVE SHOWN YOU THE SURVEYS AND THE TITLE COMPANIES HAVE VERIFIED WHAT WE TOLD YOU. IT IS NOT A RECREATIONAL AREA. IT CAN'T BE. IT WON'T BE. THE CITY ATTORNEY TOLD THAT YOU AS WELL, AND I WILL BE HAPPY TO LET MR. WIGGINTON CONFIRM ALL THAT, BUT WE RESPECTFULLY REQUEST YOUR APPROVAL. AND JEFF, DO YOU WANT TO SAY ANYTHING? >> JEFF ITALIANO, NEXT-DOOR NEIGHBOR TO THE LOT. I THINK THAT THREE TITLE POLICIES SHOW THAT THE LAND WAS OURS. IT WAS, YOU KNOW, DEEMED THAT IT WOULD BE A ROAD. IT IS NOT GOING TO BE A ROAD. CITY ATTORNEY HAS ALREADY SAID THAT. IT SHOULD BE RETURNED TO US. YOU KNOW, WE ARE RESPONSIBLE FOR IT. WE HAVE TO TAKE CARE OF IT. WE ARE LIABLE FOR IT. WHETHER YOU THINK THERE ARE SECURITY ISSUES OR NOT, IF SOMETHING HAPPENS, WE ARE LIABLE FOR. THERE IS A BEAUTIFUL, BEAUTIFUL PARK SIX MINUTES DOWN THE ROAD, WALKING DOWN THE ROAD. IT IS THE RIGHT THING TO DO. I MEAN, IT -- IT IS OURS. IT IS NOT GOING TO BE USED BY THE CITY. THAT'S -- THAT'S ALL I HAVE TO SAY. THA THANKS. >> GOOD AFTERNOON. I WILL BE VERY BRIEF. THERE ARE SOME THINGS -- CJ -- SOME THINGS I DON'T KNOW MUCH ABOUT. I DON'T KNOW MUCH ABOUT CITY COUNCIL AND HOW IT GOLF ERWINS ITSELF AND I WELCOME THE NEW MEMBER. I DON'T KNOW WHAT THE GENTLEMAN WAS TALKING ABOUT, MR. J,ARED DID THIS OR THAT. THE ONLY THING I WOULD WISH, LOOK AT THE DECORUM AND PEOPLE TESTIFYING WITH OATH SO AS IF PERJURY IS COMMITTED, THERE WILL BE CONSEQUENCES. I NEVER -- NEVER HEARD ANYTHING LIKE WHAT I HEARD TODAY. WELL, HE HAVEN'T BEEN SUED IN 38 YEARS. THIS GOES TO YOUR POINT. I CAN'T TELL YOU HOW MANY TIMES I HEARD PEOPLE SAY, THEY SHOULD HAVE PUT A LIGHT AT THAT INTERSECTION AFTER SOMEBODY IS KILLED. THERE IS A LAWSUIT. DO YOU THINK I WILL WAIT UNTIL I GET SUE TO COME UP AND SAY THAT LITTLE LAND I HAVE BEEN MOWING FOR 38 YEARS IS SOMETHING THAT IS A PARK. I HELPED -- AND CERTAINLY SUPPORTED THE PARK -- EXCUSE ME THE PARK Y'ALL BUILT WITHIN MINUTES OF OUR HOUSE. IT IS BARRICADED. IT HAS -- THE CITY COUNCIL OR THE MAYOR OR WHOEVER PUT SPEED BUMPS ON WEST SHORE TO SLOW THE TRAFFIC WHICH IS GREAT. EVERY DAY THERE ARE KIDS THERE. IT IS PACKED. THIS IS NOT A LAND GRAB. I DON'T JUST WANT TO GET SUED. I HAVE BEEN MOWING THAT PROPERTY FOR 38 YEARS. BY THE WAY I LIVED IN SUNSET PARK SINCE 1964. I KNOWN THAT AREA VERY WELL. BEFORE THE MY LIGHT GOES ON, I DON'T KNOW WHAT HAPPENED TO NEIGHBORS. I DON'T KNOW WHAT HAPPENED TO OUR SOCIETY. EVERYBODY USED TO BE KIND AND EVERYBODY USED TO WORK TOGETHER. I DON'T KNOW WHAT HAPPENED. I REALLY DON'T. I DON'T KNOW WHY PEOPLE WANT TO GET UP AND BE DIVISIVE AND CRITICAL. WHACK-A-MOLE. HE SAID THE NEIGHBORHOOD WITH AS ON THEIR SIDE. NOBODY IS ON THEIR SIDE UNLESS THEY BELIEVE THE PETITION WHICH SAYS ACCESS TO THE WATER. THAT IS AN ABSOLUTE FALSEHOOD. NOT WHACK-A-MOLE, IT IS TRUTH TIME. PLEASE CONSIDER THE MERITS OF THE CASE OPPOSED WHO YELLS OR RIDICULES US IN THE BACKGROUND. THANK YOU. >> THANK YOU, COUNCIL. ALAN CLENDENIN: THAT'S IT FOR REBUTTAL. THANK YOU VERY MUCH. >>GUIDO MANISCALCO: I HAVE A COUPLE OF QUESTIONS. >>ALAN CLENDENIN: COUNCIL MEMBER MANISCALCO. >>GUIDO MANISCALCO: I HAVE QUESTIONS REGARDING THE PROPERTY AND ACCESS TO THE WATER. I DID THIS FROM AN APPLE MAP VIRTUAL SEARCH. I DIDN'T DRIVE BY. THERE IS A GATE TOWARD THE BACK SIDE OF THE PROPERTY WHERE THE WATER ACCESS IS AT. WHO CONTROLS THAT GATE? IT LOOK LIKE A FENCE. IT LOOKS LIKE A WROUGHT IRON MED METHYL SOMETHING GATE. >> SO -- LET ME GRAB A PICTURE. >>GUIDO MANISCALCO: A KEY -- CITY PARK AND REC. >> SORRY, MY NAME IS TYLER HUDSON FOR THE RECORD. AS YOU ARE FACING, LOOKING WEST DOW DOWNDRYAD YOU SEE A WHITE VINYL FENCE, THE REAR OF THE PROPERTY. AS FAR AS WHO HAS ACCESS TO THAT, I WOULD THINK THAT THE CITY HAS SOME ACCESS BECAUSE THERE IS A STORMWATER FACILITY THERE. I DIDN'T MENTION BUT I WOULD REMIND WITH THE RELEASE OF THIS STREET EASEMENT, THE CITY IS GETTING A STORMWATER EASEMENT ACROSS THIS ENTIRE AREA. ACTIVE STORMWATER FACILITY UNDER ALL YOU HAVE THIS LAND. THAT IS KNOWN. THAT IS UNDISPUTED AS WELL. >>GUIDO MANISCALCO: TWO STORM DRAINS AT THE BEGINNING OFF THE STREET. >> THERE IS AN OUTFLOW THAT GOES OUT. >>GUIDO MANISCALCO: HOW DOES ONE GET A KAYAK AND ACCESS THAT AREA IF IT IS A LOCKED GATE. IF AN EASEMENT IS LOCKED. >> I DON'T KNOW, ACCORDING TO MY CLIENTS WHO LIVED THERE, NEITHER OF THEM HAVE EVER WITNESSED IN ENTIRE TIME LIVING THERE SEEING A PERSON KAYAKING THERE. I DON'T KNOW HOW YOU WOULD DO THAT AND THAT -- I HAVE AN ADVENTUROUS NINE-YEAR-OLD. SOMEBODY COULD FIGURE OUT HOW TO HOP OVER A FENCE BUT YOU ARE GOING ON A STORMWATER OUTFLOW. >> AND THE MANGROVES. >> IS JUST NOT SOMETHING THAT WILL MAKE SENSE AND WHY PEOPLE DON'T DO IT. IT IS JUST NOT DONE. >>GUIDO MANISCALCO: MY NEXT QUESTION IS, IT WAS STATED AT THE LAST HEARING THAT YOU CAN'T BUILD A HOUSE THERE. IT WOULDN'T BE PERMITTED. I FORGOT WHO MENTIONED IT. WHAT CAN YOU BUILD THERE? >> NOTHING. >>GUIDO MANISCALCO: IT CAN BE A MOTHER-IN-LAW SUITE. A SHED, SINGLE-CAR GARAGE. WHAT DO YOU DO WITH THIS, 3,000 SQUARE FEET. >> NOT WITHOUT COMING BACK HERE. STILL GOING TO BE AN EASEMENT ON THE PROMPT. IF YOU APPROVE THIS ORDINANCE, THERE IS A VACATING AND THE CONDITION OF THE VACATE SOMETHING THAT NO STRUCTURES ARE ALLOWED ON THE ENTIRE AREA. NO STRUCTURES ARE NOT ALLOWED. UNLESS THERE IS A SUBSEQUENT RELEASE OF THE EASEMENT THAT YOU USUALLY DO THIS IN CONSENT BUT WILL COME BACK WITH THE WHOLE PROCESS OVER AGAIN. YOU CAN'T BUILD ANYTHING. THIS IS NOT SERVE THE HOMES. A MAIN STORMWATER MAIN. >> STEVE MICHELINI. WE ALSO HAVE TO PROVIDE ACCESS FOR STORMWATER MAINTENANCE. AND THERE IS A PROHIBITION AGAINST BUILDING ANYTHING. IT HAS TO BE REMAIN GREEN. I GUESS IT IS JUST VACANT. BUT THERE IS A HUGE STORMWATER PIPE THAT RUNS UNDERNEATH THERE. >>GUIDO MANISCALCO: OKAY. NEXT QUESTION IS, REGARDING THAT -- I THINK IT WAS SARASOTA VERSUS SOMETHING CASE. WAS IT SARASOTA FROM 2000? OKAY. CAN SOMEBODY FROM OUR LEGAL DEPARTMENT CLARIFY -- REGARDING LIABILITY, IF YOU HAVE THE INDIVIDUAL THAT IS MAINTAINING THIS PROPERTY FOR, WHAT, 38 YEARS MOWING THE GRASS, BECAUSE THE CITY MAKES YOU. IS THAT -- THE ADJACENT PROPERTY OWNER IS MADE TO MAINTAIN THIS. HOW CAN THEY BE FREE FROM LIABILITY YET THEY ARE OUT THERE WITH A LAWN MOW ERR OR A COMPANY DOING IT FOR THEM. >> NEARLY IMPOSSIBLE FOR ME TO MAKE OR ASSUME LIABILITY FOR PERSONAL INJURIES SUFFERED ON THE PROPERTY. PURSUANT TO SECTION 1948, YES, YOU ARE CORRECT, ABUTTING PROPERTY OWNERS REQUIRED TO MAINTAIN TO THE CENTER LINE OF ANY ALLEYWAYS OR ABANDONED RIGHT-OF-WAY, OR UNDEVELOPED SECRETARY OF STATED ADJACENT PROPERTY THAT THEY DO NOT OWN. SO PURSUANT TO OUR CODE, THEY ARE REQUIRED TO MAINTAIN IT. AS FAR AS LIABILITY IS CONCERNED. CERTAIN ANALOGOUS TO A REGULAR RIGHT-OF-WAY WHERE SOMEBODY IS INJURED ON AN ABUTTING RIGHT-OF-WAY. I AM TALK GENERIC RIGHT NOW. THIS IS A VERY UNIQUE SITUATION WHERE THERE IS A QUESTION AS TO OWNERSHIP. >>GUIDO MANISCALCO: WHAT IF SOMEBODY TRIPS ON ONE OF THE STORM DRAINS THAT IS FACING THE STREET. >> OUR FACILITIES WERE INSTALLED THERE NEGLIGENTLY AND CAUSED INJURY, YES, THAT WOULD BE THE CITY'S RESPONSIBILITY. ABUTTING PROPERTY OWNERS WERE NOT MAINTAINING THE PROPERTY, THAT HAS A DIFFERENT SCENARIO THAT WOULD CERTAINLY IMPACT THE ANALYSIS. >>GUIDO MANISCALCO: THE LAST QUESTION, IF COULD YOU ANSWER IT, IS REGARDING THAT DISCUSSION WITH THE PORT. IS THAT EADMISSIBLE? >> THIS THE FIRST I HEARD OF THAT. I HAVE NO INFORMATION GOING THAT OCCURRED. I AM NOT SUGGEST IT IS NOT. IT IS THE FIRST I HEARD OF IT. I WOULD FOR MY PURPOSE CONSIDER IS SPECULATION UNTIL BY HEAR DIRECTLY FROM THEM. >>GUIDO MANISCALCO: IF THE PORT CONTROLS THAT -- LET'S SAY THE PORT CONTROLS THE OTHER SIDE WHERE THE WATER IS AT, AND THE PORT WILL GRANT PERMITS FOR DOCKS AND ACCESS ON OTHER PROPERTIES. IF THEY GET THIS VACATING AND THEY TAKE OVER THE PROPERTY, THEY DO NOT HAVE ANY RIGHT OR ENTITLEMENT TO WHAT COULD BE THE PORT. MEANING WHAT IS ON THE OTHER SIDE OF THE WHITE FENCE ON THE WATER. THAT WILL NOT BE PART OF THIS, CORRECT? THEY WOULD NOT HAVE -- >> NO, FIRST THEY HAVE THE SUBMERGED LAND. ONCE THE SUBMERGED LAND IS DRY, THERE IS CERTAINLY ARGUMENTS TO SAY THAT THE PORT OWNS THE UPLAND AND THE DRY LAND. WE ARE NOT GETTING INTO THAT ARGUMENT. WE ARE NOT ADDRESSING THE FEE AT ALL. NO, THE RIGHT-OF-WAY THAT IS BEING VACATED IS CLEARLY DELINEATED BY THE PLAT. AND THAT IS THE SIZE OF THE RIGHT-OF-WAY. SO THE PORT WILL NOT ASSUME ANY OWNERSHIP, I WOULD NOT THINK -- AGAIN I AM GETTING BACK IN TO SAY WHO OWN IT IS AND WHO DOESN'T AT THE END OF VACATING AND WE REALLY SHOULD AVOID IT. I CAN'T REALLY SEE AN ARGUMENT THAT THE PORT CAN MAKE THAT THEY WOULD OWN THE RIGHT-OF-WAY SINCE IT IS A RIGHT-OF-WAY BE PLAT ONLY. >>GUIDO MANISCALCO: SO TO CLOSE THIS OUT, IF THERE IS A GATE AS SHOWN IN -- AS YOU GOOGLE MAP IT OR WHATEVER, WHATEVER APP YOU WANT TO USE. HOW DO YOU GET ACCESS TO THE WATER? HOW DO YOU GET A KAYAK THERE? HERE IS THE PHOTO. IF YOU GO STRAIGHT AHEAD, THAT NOT A SPACE IN BETWEEN THE WHITE VINYL FENCE. >> IT APPEARS TO BE AT THAT GATE. >>GUIDO MANISCALCO: IN THE STAFF REPORT, I PULLED IT UP, IT LOOKS TO BE THAT. >> VINYL FENCE AND SOME KIND OF A IRON AND METAL GATE FOR SUCCESS. >>GUIDO MANISCALCO: WHO PUT UP THE FENCE? WHO PUT UP THE GATE? LIKE I SAID, LIKE I ASKED, CITY PARK AND REC WITH THE KEY? WHO IS IT? >> TYLER HUDSON. BOB McDONOUGH PUT THE GATE UP. THAT IS HIS HOUSE. THAT IS HIS DOCK. GOAT THE LAND FROM THE PORT, BECAUSE THE PORT GAVE IT TO HIM AND IT IS ON TITLE. >>GUIDO MANISCALCO: HE IS ON THIS APPLICATION. >> HIS PROPERTY DOESN'T TOUCH THE RIGHT-OF-WAY. >>GUIDO MANISCALCO: BUT IN THE STAFF REPORT, I SEE THE NAME ROBERT McDONOUGH. >> WE UPDATED IT. IT WAS ONE OF THE ORIGINALS. WHEN WE REALIZE EXTENT OF THE RIGHT-OF-WAY DOES NOT ABUT HIS PROPERTY. >>GUIDO MANISCALCO: THE OTHER SIDE OF THE FENCE, McDONOUGH AND YARED'S PROMPT. >> YOU JUST HIT McDONOUGH'S PROPERTY. >>GUIDO MANISCALCO: YOU ARE GOING INTO SOMEBODY ELSE'S BACK YARD IN A WAY. AS I AM LOOKING AT THE MAP -- >> TO GET TO THE WATER? >> EXCUSE ME, STEVE MICHELINI, THAT IS McDONOUGH'S BACK YARD. MA MINNESOTA MANISCALCO I AM SAYING WHERE THE PROPERTY LINE IS OUT FOR McDONOUGH. >>LYNN HURTAK: HOW IT BE McDONOUGH'S BACK. >>GUIDO MANISCALCO: I AM SAYING THINKS VIEWPOINT. >> YOU LOOK AT THE PLAT HERE. >>ALAN CLENDENIN: MR. MICHELINI, CAN YOU ZOOM IN ON THE IMAGE WITH THE LOT HIGHLIGHTS WITH THE RED. >> YOU WANT TO SHOW IT, TYLER. >> NOT TO MEANDER, BUT I DO WANT TO BE REALLY CLEAR HERE THAT THE RIGHT-OF-WAY DOESN'T GO TO THE FENCE. THE FENCE IS THE BACK OF THE PORT'S PROPERTY. THAT IS THE WESTWARD, SEAWARD, WET SIDE. THIS IS PROBABLY THE MOST ALBEIT VERY FORLY DONE BY ME ILLUSTRATION OF THIS. THE YELLOW HATCHED LINE WITH A VERY ROUGH APPROXIMATION OF THE RIGHT-OF-WAY EXTENT. THAT IS WHAT WE HAVE IN THE RECORD, A LETTER FROM THE FLORIDA LICENSED SURVEYOR SAYING THAT THE RIGHT-OF-WAY DOESN'T GO TO THE WATER LINE AT ALL. IT STOPS SHORT OF IT. IT STOPS THERE. YEAH, WE HAVEN'T GONE OUT AND PUT FLAGS IN THE GROUND FOR IT. BUT THIS RIGHT-OF-WAY PARCEL WE ARE TALKING ABOUT WHICH IS SCALED UP FROM A PLAT, FROM 1919. THAT IS THIS YELLOW LITTLE -- I DON'T KNOW A FOUR-SIDED FIGURE THAT IS NOT A SQUARE. THAT IS THAT. A RHOMBUS. RH OOHMBUS IS THE ONLY LAND WE ARE TALKING ABOUT TODAY. WHERE YOU MAY BE GOING IS THAT YOU CAN'T GET TO THE WATER WITHOUT GOING ON NONCITY PROPERTY. THAT IS 100% TRUE. >>GUIDO MANISCALCO: WILL SAY, YEAH, WE WILL GET -- WE WILL COME TO AN AGREEMENT. HAS TO BE AN AGREEMENT WITH THE CITY OR WHOEVER OWNS THE PROPERTY OR WHATEVER. I DON'T KNOW. IT IS JUST -- IT IS A VERY WEIRD SITUATION. >> RIGHT. IF THE PORT -- AND, AGAIN, I DON'T THINK WE SHOULD -- WE EVEN TALKED TO THE PORT. I AM SURE THAT EVERYTHING THAT THE NEIGHBORS SAID IS TRUE AND ACCURATE, THAT THEY MIGHT NOT KNOW WHAT IS GOING ON. THEY WANT TO BE COOPERATIVE AND HELPFUL. MY EXPERIENCE WORKING WITH THE PORT ON A LOT OF PROJECTS, TAKES A LONG TIME -- SOMETIMES TO WORK WITH THEM TO FIGURE OUT WHO OWNS THE TITLE OF THINGS. I CAN'T IMAGINE A SCENARIO THAT WE WANT TO HAVE A PUBLIC PARK WATER LAUNCH FACILITY RIGHT ABOVE A CITY STORMWATER FACILITY WHERE THERE IS A TON OF MANGROVES. YOU HAVE TO PAY A TON AMOUNT OF MONEY TO IMPACT THOSE MANGROVES. LITTLE BIT OF A DOG BITES THE CAR SITUATION. I DON'T THINK THE NEIGHBORHOOD WOULD WANT THIS TO BE A MASSIVE KAYAK LAUNCH FOR ALL YOU HAVE SOUTH TAMPA, BUT WE ARE VEERING OFF THE POINT HERE. RIGHT-OF-WAY WE ARE TALKING ABOUT DOES NOT GO TO THE WATER PERIOD AND I AM NOT AWARE OF ANY ARGUMENT. >> STEVE MICHELINI. >>ALAN CLENDENIN: HOLD ON STEPHEN MICHELINI -- >>CHARLIE MIRANDA: FROM THE GATE TO THE DOTTED LINE. WHO OWN SS THAT I UNDERSTAND TH. FROM THERE -- >> THE PORT OWNS THAT. THAT WAS CREATED BY ACCRETION. THAT IS NEW LAND. THE PORT OWNS THAT LAND, YEAH. >>CHARLIE MIRANDA: THE PORT OWNS THAT PORTION OF THE LAND. >> THE PORT OWN IT IS TO THE FENCE AND BEYOND THE FENCE GAVE IT TO THE NEIGHBOR FOR HIS DOCK. THAT IS PRETTY COMMON. >>ALAN CLENDENIN: I THINK WE ARE IN THE WEEDS. CLARIFICATION -- IN THE MANGROVES. I JUST WANT -- JUST SO WE ARE CLEAR AND GET LEGAL STAFF TO THE PODIUM TO TALK ABOUT THIS. THE ISSUE BEFORE US TODAY IS JUST THE RIGHT-OF-WAY ISSUE, NOT OWNERSHIP. IT ISN'T EVEN ANYTHING TO DO WITH THE PORT PROPERTY. IT IS -- IT IS -- AND A ROUGH ESTIMATION WHERE THIS HATCHED LINE IS WHETHER THE CITY HAS A USE FOR THE EXISTING RIGHT-OF-WAY, WHICH WAS RESERVE FOR THE POTENTIAL EXTENSION OF DRYAD AS STREET. THAT'S CORRECT? IS THAT A CORRECT SUMMARY? >> I COULDN'T DESCRIBE IT BETTER. YOU ARE 100. >>MICHAEL PERRY: RON WIGGINTON WITH THE LEGAL DEPARTMENT. >>ALAN CLENDENIN: THE FIRST TIME AND SECOND TIME FOR THE PROPERTY OWNERS -- WE WILL DO THAT AFTERWARDS. I WAS TRYING TO BRING IT HOME FOR A LANDING. THANK YOU VERY MUCH. THAT'S GOOD. ANY OTHER QUESTIONS? DO WE NEED A MOTION TO CLOSED. >>LUIS VIERA: SO MOVED. >>GUIDO MANISCALCO: SECOND. >>ALAN CLENDENIN: ALL IN FAVOR, SAY AYE. OPPOSED. AYES HAVE IT. LET ME CONTINUE MY THOUGHT. THE DIFFERENCE IS, I KNOW THAT A LOT OF THE STUFF THAT WAS TALKED BY THE NEIGHBORS. FEEL YOU GUYS. I LIVED IN BELMAR SHORES. A LOT, AN EMPTY LOT NEXT TO AL LOPEZ THAT MY KIDS USE TODAY PAY ON THERE IN THE BAY AND BASICALLY A NEIGHBORHOOD PARK. AND WE LOVED IT DEARLY, BUT ALL OF A SUDDEN, BOOM, AFTER 15 YEARS SOMEBODY BUILT A HOUSE. I FELT LIKE WE LOST A PUBLIC. WE USED TO CIP WINE AND WATCH THE SUNSET. WE FELT IT WAS PUBLIC PROPERTY. SAME THING. THIS DOES NOT BELONG TO THE CITY. NOT ABOUT PROPERTY OWNERSHIP, JUST ABOUT WHERE THERE IS A RIGHT-OF-WAY FOR A STREET. ONLY DECISION TODAY THAT THIS COUNCIL IS MANAGING THAT -- WE ARE STILL GOING TO HAVE A RIGHT-OF-WAY THROUGH ITS PROPERTY FOR STORMWATER. SO WE STILL HAVE A RIGHT-OF-WAY. WE WON'T HAVE A RIGHT-OF-WAY FOR THE STREET. BECAUSE WE ARE NEVER -- PUT YOUR -- PUT YOU IN OUR POSITION. THE CITY HAS COME US TO, THE CITY STAFF HAS SAID -- WE HAVE NO USE FOR THIS PROPERTY AS A STREET. WE ARE NOT GOING TO USE THIS PROPERTY AS A STREET. SO WHEN AN APPLICANT COMES TO US SAYING WE WANT THIS RIGHT-OF-WAY BACK TO US. WE WANT THE RIGHT-OF-WAY RERELINQUISHED. WE ARE NOT GIVING THE RIGHT-OF-WAY. WE ARE RELINQUISHING THE RIGHT-OF-WAY. WE ARE NOT GIVING THE PROPERTY AWAY. WE ARE RELINQUISHING A COMPONENT OF THIS WHICH IS THE RIGHT-OF-WAY. AND I THINK THAT -- THAT BOILS DOWN TO THAT. IT IS JUST -- I MEAN, AGAIN, I FEEL FOR YOU. I KNOW -- I KNOW WHAT YOU ARE THINKING AS FAR AS EMOTIONALLY, BUT IN AN INTELLECTUAL WAY OF MAKING A JUDICIAL DECISION BASED ON WHAT THE CITY'S LEGAL POSITION OF RETAINING A RIGHT-OF-WAY THAT WAS INTENDED FOR THE STREET THEY ARE NEVER GOING TO USE. WE ARE ASKED THAT QUESTION YES OR NO, I CAN ONLY COME UP WITH ONE ANSWER. HERE WE GO. COUNCILWOMAN HURTAK. >>LYNN HURTAK: AND I DISAGREE. BECAUSE WE HAVE DONE THAT TOO MANY TIMES AND WE HAVE REGRETTED IT. THAT IS MY REASONING FOR THIS. WE HAVE GIVEN -- WE HAVE RELINQUISHED RIGHT-OF-WAYS TOO MANY TIMES AND WE REGRET IT. SO I CAN'T DO IT. >>ALAN CLENDENIN: ANYBODY ELSE? >>NAYA YOUNG: ARE WE GOING TO VOTE NOW? >>ALAN CLENDENIN: GOING TO IN ONE SECOND. IS THAT IS IT? COUNCIL MEMBER VIERA, YOU WANT TO DO IT. >>LUIS VIERA: I READ AND ORDINANCE BEING PRESENTED FOR SECOND READING AND ADOPTION, ORDINANCE OF THE CITY OF TAMPA, FLORIDA, VERY SKATING, CLOSING, DISCONTINUING A ARE, ABANDONING A LOCATED NORTH OF SAN GABLE COURT, SOUTH OF SAN MIGUEL STREET, EAST OF OLD TAMPA BAY, WEST OF DUNDEE STREET, WITH THE PLAT OF SUNSET CAMP SUBDIVISION? CITY OF TAMPA, HILLSBOROUGH COUNTY, MORE FULLY DESCRIBED, MORE PARTICULARLY SET FORTH HERE IN. PROVIDING FOR EN FOMENT AND PENALTIES OF VIOLATIONS ARE, PROVIDE FOG DOCTOR HE ANYTHINGS ARE, PROVIDING FOR SEVERABILITY. PROVIDING AN EFFECTIVE DATE. >>ALAN CLENDENIN: A MOTION FROM COUNCIL MEMBER VIERA. A SECOND? >>CHARLIE MIRANDA: I WILL SECOND IT. >>ALAN CLENDENIN: A SECOND FROM COUNCIL MEMBER MIRANDA. PLEASE RECORD YOUR VOTE. >>CLERK: MOTION CARRIED WITH CARLSON, HURTAK AND YOUNG VOTING NO. >>ALAN CLENDENIN: THANK YOU. >> THANK YOU, COUNCIL. >>ALAN CLENDENIN: BEFORE I DO THAT, WE HAD A REQUEST -- IF YOU ALL WOULD ENTERTAIN MOVING ITEM 52 UP ON THE AGENDA. T THEUSF. >>LYNN HURTAK: THAT IS AFTER 10:30. -- THAT IS AFTER ALL THE 10s. >>ALAN CLENDENIN: WE ARE PAST OUR TIME CERTAIN. >>MARTIN SHELBY: IS THE GENTLEMAN HERE FOR THE 2:30. >>ALAN CLENDENIN: I BELIEVE HE IS HERE. >>LYNN HURTAK: GO DO YOUR THIS I THINK. HOW ABOUT THIS. WE WILL -- WE WILL DO THE ORDINANCE -- WE WILL DO THE NEXT ONE AND THEN WHEN YOU COME BACK, WE HAVE DO TINKLER. >>ALAN CLENDENIN: LET'S DO TINKLER NOW. I ALREADY MET WITH HIM. >>LYNN HURTAK: THEN WE WILL HAVE A MOMENT TO TALK TO MR. TINKLER. >>ALAN CLENDENIN: MR. SHELBY, WOULD YOU LIKE TO INTRODUCE HIM. >>MARTIN SHELBY: BEFORE I DO THAT. HE WANT TOP HAVE A REMINDER OF LAST HEARING. REMEMBER THERE IS AN APPEAL PERIOD, COUNCIL. MAY BE A LOT OF PEOPLE WHO WANT TO TALK TO YOU ABOUT IT. MY RECOMMENDATION IS THAT DURING APPEAL PERIOD WHEN IT CAN BE CHALLENGED, THE DECISION CAN BE CHALLENGED FOR ANY PARTY INVOLVED OR ANY INTERESTED PERSON OR MEMBER OF PUBLIC OR THE PRESS, THERE IS A 30-DAY APPEAL PERIOD AND I CAUTION YOU AGAINST SPEAKING UNTIL THE APPEALS PERIOD HAS PASSED UNTIL YOU CAN TALK ABOUT IT PUBLICLY, THANK YOU. >>LYNN HURTAK: OKAY. MR. TINKLER, ARE YOU AVAILABLE? >>MARTIN SHELBY: COUNCIL, AS YOU KNOW, YOU SENT YOU THE BIOGRAPHY OF MR. TINKLER, WHO -- HE OR SHE IS BEING OFFERED -- HE IS OFFERING HIS SERVICES TO THE CITY COUNCIL TO SERVE AS THE INDEPENDENT ATTORNEY FOR THE CHARTER REVIEW COMMISSION AS REQUIRED NOW BY YOUR CITY CHARTER. AND I DID FORWARD YOU HIS BUY TOOGRAPHY SO YOU HAVE THE OPPORTUNITY TO READ ABOUT IT AND I WILL INTRODUCE HIM TO YOU. >> GOOD AFTERNOON, KEN TINKLER, CARLTON FIELDS. I NEVER HEARD THE WORD "RHOMBUS" USED IN A HEARING. >>LYNN HURTAK: FORMER TEACHER. >> IS THAT IS WONDERFUL. BACKGROUND. I CERTAINLY ENJOYED WHEN MARTY CALLED ABOUT THIS TUNE. BACKGROUND ON ME. I STARTED MY CAREER WITH THE HILLSBOROUGH COUNTY ATTORNEY'S OFFICE. JOINED CARLTON FIELDS IN '06. I HAVE BEEN BOARD CERTIFIED IN LOCAL GOVERNMENT AND COUNTY GOVERNMENT LAW SINCE 2025. DEALING WITH CHARTERS AND ALL KINDS OF ISSUES THE ENTIRE TIME AND I REPRESENTED THE HILLSBOROUGH CHARTER REVIEW BOARD IN-HOUSE IN 2000 AND 2005 AND SERVED AS THEIR CONFLICT COUNCIL EVER SINCE IN CASE THE COUNTY ATTORNEY HAD A CONFLICT, I AM AVAILABLE TO JUMP IN. AS I UNDERSTAND WHAT YOU ARE LOOKING FOR AND I WANTED TO MAKE SURE I HAD THIS RIGHT WORKING WITH AN ENGAGEMENT LETTER WITH MARTY AND THE CITY ATTORNEY. A LIMITED RECOMMENDATION OF JUST THIS CHARTER REVIEW BOARD. WOULDN'T BE REPRESENTING THE MAYOR, YOU, THE MUNICIPAL CORPORATION. I WOULD I WOULD BE REVIEWING IS THIS CHARTER REVIDEO YOU BOARD. TERM WILL BE WHEN YOU APPOINT THIS BOARD AND THEY BEGIN MEETING TO THE POINT THAT I DRAFT WHATEVER CHARTER RECOMMENDATIONS THAT THEY HAVE FOR YOU, INCLUDING THE BALLOT LANGUAGE THAT WOULD BE HANDED OFF YOU HAVE TO AND MY ROLE WOULD END. THAT WILL BE UP TO COUNCIL AND STAFF TO PROCEED FROM THERE IF IT GOES TO ELECTION OR NOT. THAT IS WHAT I UNDERSTAND. I CERTAINLY WILL BE HAPPY TO TAKE THIS ON. I KNOW WE ARE WORKING AT THE DETAILS OF THE ENGAGEMENT LETTER AND ALL THAT AND THAT WILL COME BACK TO YOU LATER. I WANTED TO SEE IF YOU HAVE ANY QUESTIONS. >>LYNN HURTAK: COUNCIL MEMBER MIRANDA. >>CHARLIE MIRANDA: TEMPERATURE CARLTON FIELDS. I READ BIO. OFF STRONG RESUME. >> I APPRECIATE THAT. >>LYNN HURTAK: COUNCIL MEMBER CARLSON. >>BILL CARLSON: YOU COME VERY HIGHLY RECOMMENDED AND YOU HAVE A GREAT REPUTATION. ONE OF THE MAIN ISSUES THAT I HOPE WILL BE ADDRESSED IN -- IN THIS PROCESS IS THE ROLE OF THE CITY ATTORNEY. AND HOW TO ADDRESS POTENTIAL CONFLICTS. GREAT THAT YOU HAVE EXPERIENCE AT THE COUNTY AND HOW TO DO THAT. IF YOU LOOK AT THE CHARTER, THE CITY ATTORNEY HAS SEVERAL CLIENTS AND HOW DEAL WITH IF TWO OF THE CLIENTS HAVE A CONFLICT WITH EACH OTHER. WHAT DOES THE CITY ATTORNEY NEED TO DO IN THAT CASE. AND, YOU KNOW, WHAT HAS HAPPENED IN THE PAST THE CITY ATTORNEY TENDS TO FAVOR THE MAYOR BECAUSE THE MAYOR CAN FIRE THE PERSON. AND THE -- I WAS ON THE LAST CHARTER REVIEW COMMISSION. AND THE CITY ATTORNEY AT THE TIME, NOT THIS ONE, BUT PRIOR, CAME RUNNING DOWN AND CHALLENGED US AND ARGUED WITH US PUBLICLY WINS I SINCE LEARNED WAS COMPLETELY INAPPROPRIATE. YOU MAY GET PRESSURED BY POLITICAL FOLKS, PRESSURED WHOEVER THE NEW CITY ATTORNEY IS, YOU MIGHT GET PRESSURED BY THE MAYOR, A FORMER MAYOR, AND WHAT I WANT TO SEE YOU DO IS EXACTLY WHAT YOU JUST SAID. YOU WOULD, WITH YOUR CLIENT OUTSIDE OF POLITICAL PRESSURE. AND YOU ARE GOING TO HAVE AT LEAST TWO ATTORNEYS, ONE OF THEM IS A FORMER FLORIDA BAR PRESIDENT. I WANT TO MAKE SURE THAT WE HOLD THE HIGHEST ETHICAL STANDARDS AND NO POLITICAL BIAS THAT COMES INTO THE PROCESS. >> I ABSOLUTELY AGREE. THAT IS WHY I AM PROPOSING ENGAGEMENT HOW I SAID IT TO MAKE CLEAR, I ONLY HAVE ONE CLIENT HERE. AND IT IS PROVIDE THEM LEGAL ADVICE. WHOEVER YOU APPOINT TO THE BOARD WILL MAKE THE DECISIONS HOW THEY WANT TO GO FORWARD. >>BILL CARLSON: YOU COME VERY HIGHLY RECOMMENDED AND IF YOU HOLD TRUE TO THAT AND TO FEND OFF WHATEVER POLITICAL -- >> I AM USED TO HEARING FROM A LOT OF FOLKS. NOT A PROBLEM. >>ALAN CLENDENIN: COUNCILWOMAN HURTAK FOLLOWED BY COUNCIL MEMBER VIERA. >>LYNN HURTAK: THANK YOU. I AM LOOKING FORWARD TO THIS. AND THE THING YOU SAID -- I ALSO WAS ON THE LAST CHARTER REVIEW COMMISSION. THE THING THAT IS PROBABLY THE MOST IMPORTANT THING TO ME THAT NOT OWN IS IT SEPARATE, BUT AFTER GETTING OUR RECOMMENDATIONS, BEING ABLE TO DISTILL THOSE INTO AMENDMENTS AND THE LEGAL LANGUAGE. THAT WAS SOMETHING THAT TOOK SOME OF OUR -- OUR ACTUAL THOUGHTS AND WHAT WE ENDED UP WITH IS NOT THE SAME THING. SO I REALLY LOOK FORWARD TO WORKING WITH AN INDEPENDENT ATTORNEY MAKE SURE THAT DOES HAPPEN. SO THAT -- THAT IS KEY ON MY MIND. AND SO I REALLY APPRECIATE THAT YOU MENTIONED THAT, BECAUSE I THINK THAT IS CRITICAL GOING FORWARD AND BEING PUT ON A BALLOT. >> I THINK THAT IS EASIEST FOR THE ADVISORY BOARD TO SEE IT AS IT MOVES ALONG TO SEE THE LANGUAGE IT SENDS UP WITH. >>ALAN CLENDENIN: COUNCIL MEMBER VIERA FOLLOWED BY COUNCIL MEMBER MANISCALCO. >>LUIS VIERA: THANK YOU VERY MUCH. LOOKING FORWARD TO SEE NEW ACTION AND EVERYTHING LIKE THAT. YOU HAVE A STELLAR REPUTATION. I DON'T BELIEVE WE MET, BUT WHEN YOU WALKED IN, I SAID THAT IS A LAWYER. YOU LOOK LIKE A LAWYER. WALK LIKE A LAWYER. >>ALAN CLENDENIN: I WILL TAKE OFFENSE TO THAT. >>LUIS VIERA: I AM A LAWYER. THAT IS A COMPLIMENT. BALL AND STRIKES. YOUR ETHICAL -- NO MATTER WHO PAYS YOU OR PRESSURES YOU, BALL AS AND STRIKES TO QUOTE CHIEF JUSTICE ROBERTS, THAT'S IT. YOU WILL DO WELL. >>CHARLIE MIRANDA: A LAWYER WHO PLAYED BASEBALL. >>ALAN CLENDENIN: MANISCALCO FOLLOWED BY COUNCIL MEMBER MIRANDA. COUNCIL MEMBER MANISCALCO. >>GUIDO MANISCALCO: WELCOME ON BOARD. WE LOOKED AT YOUR RESUME. AND SOMETHING THAT OUR CITY COUNCIL ATTORNEY ASKS, CAN IS YOU BE FAIR AN IMPARTIAL. I THINK YOU CAN BE FAIR AND IMPARTIAL. TAMPA IS NOT THAT BIG OF A TOWN. I JOKE THAT I MARRIED A WOMAN FROM WEST VIRGINIA BECAUSE SHE HAD NO CONNECTIONS BECAUSE ANYBODY I WOULD MEET DATING WOULD BE YOU ARE SO AND SO'S COUSIN, WORK FOR SO AND SO. YOU ARE OUT OF THAT. AND, YOU KNOW, I HAVE TO GIVE CREDIT TO FORMER COUNCILMEMBER YOLIE CAPIN THAT MADE THE MOTION TO CREATE THE CHARTER REVIEWING COMMISSION. WE DIDN'T LOOK SINCE 1975. POLITICAL PRESSURE BECAUSE EVERY MAYOR AND CITY LEADERSHIP WOULD MISSING WITH THE CITY CONSTITUTION. BUT 1975 TAMPA IS DIFFERENT FROM WHEN WE BROUGHT THE INITIAL CHARTER REVIEW COMMISSION. AND HERE WE ARE AGAIN. SO, YOU KNOW, WE HAVE OUR APPOINTEES, SO DOES THE MAYOR. I TRUST IN THE JUDGMENT OF COUNCIL THAT, YOU KNOW, WE EACH APPOINT GOOD PEOPLE AND WE DID IN THE PAST AND MANY CAME TO SERVE ON THE CITY COUNCIL. AND I APPRECIATE THEIR SERVICE, BECAUSE IT IS A LOT OF WORK. JUST LIKE THE CITIZENS BUDGET BOARD, YOU KNOW, THE ADVISORY BOARD, THEY WORK LIKE CRAZY FOR FREE. THEY WORK BECAUSE THEY CARE ABOUT THE CITY, JUST LIKE THE PEOPLE WE ARE PUTTING ON -- THAT WE WOULD BE APPOINTING. AND, AGAIN, I AM GLAD YOU ARE HERE. THIS IS -- IT IS HISTORICAL. SOMETHING THAT IS NOT OFTEN DONE BUT GLAD WE ARE REVISITING IT IN A HIGHER FREQUENCY AND NOT A HALF A CENTURY LATER. YOU WILL HAVE YOUR HANDS FULL AND YOU ARE WORKING WITH GOOD PEOPLE. WELCOME ON BOARD, SIR. >> THANK YOU. >>ALAN CLENDENIN: WITHOUT OBJECTION, WE WILL MOVE FORWARD WITH THE -- WITH THE EMPLOYMENT AGREEMENT SHE'S SHELBY IF WE CAN. I WAS GOING TO ASK, I DON'T KNOW IF CITY COUNCIL TOOK ANY SPECIFIC ACTION WITH HENDRICKSON. WITH ROBERT HENDERSON BEING THE FACILITATOR AND ROBERT TINKLER AS THE ATTORNEY TAMPA IT WOULD BE APPROPRIATE IF YOU DIDN'T GET DIRECTION. >>ALAN CLENDENIN: GOT CONSENT. >>LYNN HURTAK: I WILL MAKE A MOTION TO -- >>MARTIN SHELBY: FOR LEGAL TO RETURN WITH A RESOLUTION FOR THE ENGAGEMENT. >>LYNN HURTAK: FOR LEGAL ATTORNEY SHELBY TO COME BACK WITH A RESOLUTION ABOUT -- WHAT WAS THE FIRST -- >>ALAN CLENDENIN: I THINK WHAT I WOULD ASK IS THAT COUNCIL GRANT THE CHAIR -- GRANT THE CHAIR THE AUTHORITY TO NEGOTIATE EMPLOYMENT AGREEMENT AND I WILL WORK WITH MR. SHELBY. >>MARTIN SHELBY: THAT IS FINE. >>GUIDO MANISCALCO: MOVE TO HAND IT OFF TO THE CHAIRMAN TO NEGOTIATE. >>LYNN HURTAK: SECOND. >>ALAN CLENDENIN: ALL IN FAVOR, SAY AYE. OPPOSED. AYES HAVE IT. >>MARTIN SHELBY: IF I CAN, COUNCIL, JUST TO KEEP YOU INFORMED AND THE PUBLIC INFORMED. I UNDERSTAND THE PROCESS IS UNDER WAY WITH YOUR APPOINTEES. >>ALAN CLENDENIN: ANYBODY NOT MADE AN APPOINTMENT YET? >>MARTIN SHELBY: I HAVEN'T HEARD FROM THE MAYOR'S OFFICE. I HAVEN'T INQUIRED. THAT BEING SAID, YOU TENTATIVE TIMELINE FOR THE APPOINTMENTS OF THE BOARD AND FOR THE ENGAGEMENT OF THE ATTORNEY THE FACILITATOR SR. TENTATIVELY SET FOR DECEMBER 13, WHICH IS THE LAST MEETING OF THE YEAR -- EXCUSE ME, THE 18th. ASSUMING -- THAT IS OUR GOAL AND IF NOT, WOULD HAVE TO BE THE FIRST MEETING IN JANUARY. >>ALAN CLENDENIN: WE WILL MAKE THAT 18th. >>MARTIN SHELBY: OKAY. THANK YOU. THANK YOU, SIR. >>ALAN CLENDENIN: THANK YOU. WE WILL BE IN TOUCH. >> THANK YOU, COUNCIL. >>ALAN CLENDENIN: APPRECIATE YOU TAKING TIME THIS AFTERNOON. OKAY. BACK TO THE AGENDA. ITEM NUMBER 39. >>ERIC COTTON: ERIC COTTON. >>ALAN CLENDENIN: LET'S DO MORE PUBLIC COMMENT. >>ERIC COTTON: I HAVE A WHOLE SLIDE SHOW IF YOU WANT TO SEE IT. ERIC COTTON, LAND DEVELOPMENT COORDINATION. WE TOOK ITEMS 39, 40 AND 41 TOGETHER, CHANGES TO THE JULY CYCLE. IF YOU WANT TO JUST CONSIDER THEM ALL AT ONE TIME. >>ALAN CLENDENIN: ANY OBJECTION OF DO OF DOING THAT, 39, 40 AND 41. WE WILL VOTE ON THEM INDIVIDUALLY AND. >>ERIC COTTON: DO YOU WANT A PRESENTATION? >>ALAN CLENDENIN: NO. >>ERIC COTTON: IF YOU HAVE ANY QUESTIONS? WE MADE ONE CHANGE WHICH IS THE UNDER EXTENDED FAMILY RESIDENCE EXCHANGED FROM "SHALL" TO "MAY" FOR THE ABILITY TO TRENT OUT. IF YOU HAVE ANY OTHER QUESTIONS. >>ALAN CLENDENIN: 39, 40, 41. VOTE ON THEM INDIVIDUALLY, BUT IF YOU HAVE ANY QUESTIONS OF ANY ONE OF THOSE THREE, NOW IS YOUR TIME TO SPEAK. HEARING NONE. COUNCIL MEMBER MANISCALCO. >>GUIDO MANISCALCO: I JUST, YOU KNOW, HAVE BEEN SWAMPED ON ON BASE AND NO QUESTIONS FROM ME LOOKING AT ALL THIS INFORMATION FROM THE WHOLE AGENDA. >>ALAN CLENDENIN: ANYBODY IN THE AUDIENCE WISHES TO SPEAK 20-TO-39, 40 OR 41? HEARING NONE. CAN WE GET A MOTION TO CLOSE. WE HAVE A MOTION TO CLOSE FROM COUNCIL MEMBER MANISCALCO. SECONDED FROM COUNCIL MEMBER MIRANDA. ALL IN FAVOR, SAY AYE. OPPOSED. AYES HAVE IT. MR. SHELBY. >>MARTIN SHELBY: DID I HEAR YOU SAY 39, 40R AND 41. >>ALAN CLENDENIN: CORRECT. >>MARTIN SHELBY: ALL THREE AT THE SAME TIME. >>ALAN CLENDENIN: READ THEM INDIVIDUALLY. ASK WILL MIRANDA IF HE HAD THE OPPORTUNITY TO REVIEW THE RECORD. >>CHARLIE MIRANDA: YES, I HAVE. SHELBY SHE'S REMINDER THAT 41 A SUBSTITUTE. AND JUST FOR THE PURPOSES OF RECORD, DID YOU ASK THE PUBLIC FOR EACH ONE OF THOSE ITEMS. YOU DID CLOSE THE PUBLIC HEARINGS. >>ALAN CLENDENIN: WE DID. >>MARTIN SHELBY: THANK YOU. >>ALAN CLENDENIN: COUNCILWOMAN YOUNG. A NICE LONG ONE. READ 39. YOUNG YOUNG SURE. FILE NUMBER E 2025-8 CHAPTER 27. ORDINANCE BEING PRESENTED FOR SECOND READING AND ADOPTION, AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, RELATING TO PUBLICLY INITIATED TEXT AMENDMENTS, MAKING REVISIONS TO CITY OF TAMPA CODE OF ORDINANCES AMENDING CHAPTER 27, ZONING AND LAND DEVELOPMENT, AMENDING SECTION 27-43, DEFINITIONS, AMENDING SECTION 27-118 APPROVALS BY BE A LOGISTICS AND ASSET MANAGEMENTRC ADMINISTRATOR; AMENDING SECTION 27.211.1, GENERAL ADMINISTRATIVE PROCEDURES SMK AMENDING SECTION 27-211.2.1 GENERAL DISTRICT DEVELOPMENT STANDARDS FOR SEMINOLE HEIGHTS. RESIDENTIAL SINGLE-FAMILY DE-SACHED AMEND SECTION 27-211.2.2 GENERAL DISTRICT DEVELOPMENT STANDARDS IF SEMINOLE HEIGHTS. RESIDENTIAL SINGLE-FAMILY ATTACHED SH-RS-A DISTRICT; AMENDING SECTION 27-211.2.3 GENERAL DISTRICT DEVELOPMENT STANDARDS FOR SEMINOLE HEIGHTS. RESIDENTIAL MULTIFAMILY AMENDING 27.211.2.4 GENERAL DISTRICT DEVELOPMENT STANDARDS FOR SEMINOLE HEIGHTS RESID RESIDENTIAL SH-RO DISTRICT; AMENDING SECTION 27-211.2.5 GENERAL DISTRICT DEVELOPMENT STANDARDS FOR SEMINOLE HEIGHTS COMMERCIAL NEIGHBORHOOD SH-CN DISTRICT; AMENDING 27-211.6 DOER, DEVELOPMENT STANDARDS FOR COMMERCIAL MIXED USE OR OTHER NONRESIDENTIAL, SH-CG AND SH-CI DEVELOPMENT AMENDING LANDSCAPE AREA AND TREE PLANTING REQUIREMENTS. 27- 27-211.6. APPEALING FOR SEVERALABILITY, REPEALING ALL ORDINANCES, AND PROVIDING AN EFFECTIVE DATE. >>ALAN CLENDENIN: NEXT TIME WITHOUT TAKING A BREATH. A MOTION FROM COUNCIL MEMBER YOUNG. A SECOND FROM COUNCIL MEMBER MANISCALCO. PLEASE RECORD YOUR VOTE. >>BILL CARLSON: I HAD TO READ THAT ONE LAST TIME SO I AM HAPPY DID YOU IT. >>CLERK: MOTION CARRIED UNANIMOUSLY WITH COUNCIL MEMBER VIERA BEING ABSENT AT VOTE. >>ALAN CLENDENIN: ITEM NUMBER 40, COUNCILWOMAN HURTAK. >>LYNN HURTAK: ORDINANCE BEING PRESENT TODAY ARE SECOND READING AN ADOPTION. AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, RELATING TO PUBLICLY INITIATED TEXT AMENDMENTS MAKING HE VISIONS TO CITY OF TAMPA, FLORIDA, CODE OF ORDINANCES AMENDING CHAPTER 27, ZONING AND LAND DEVELOPMENT. CREATING SECTION 27-71. SITE DEVELOPMENT PLAN FOR VARIANCES. AMENDING SECTION 27-284.2.5, PERMIT FOR GRAND TREE REMOVAL, APPLICATION, REQUIRED DOCUMENTATION, STANDARDS, AND CRITERIA FOR DECISION, INCHES, PETITION FOR REVIEW. PROVIDING FOR SEVERABILITY. REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH, PROVIDING AN EFFECTIVE DATE. >>CHARLIE MIRANDA: >>ALAN CLENDENIN: A MOTION AND A SECOND. PLEASE RECORD YOUR VOTE. >>CLERK: MOTION CARRIED UNANIMOUSLY WITH VIERA BEING ABSENT AT VOTE. COUNCIL MEMBER MANISCALCO. ITEM 41, SUBSTITUTE AMENDMENT. >>GUIDO MANISCALCO: SUBSTITUTE ORDINANCE FORE-20-8 CHAPTER 27. ORDINANCE OF THE CITY OF TAMPA, FLORIDA, RELATING TO PUB DRYLY INITIATED TEXT AMENDMENTS MAKING VISIONS TO CITY OF TAMPA CODE OF ORDINANCE ACE MENDING SECTION 27-132, REGULATIONS PROVIDING INDIVIDUAL SPECIAL USES. PROVIDING FOR SEVERABILITY. >>ALAN CLENDENIN: PLEASE RECORD YOUR VOTE. >>CLERK: MOTION CARRIED UNANIMOUSLY WITH VIERA BEING ABSENT AT VOTE. >>ALAN CLENDENIN: AGAIN, BACK TO ITEM NUMBER 52, THE REQUEST TO MOVE THAT UP. CAN I A. >>GUIDO MANISCALCO: MOTION TO MOVE 5 2 UP. ALL IN FAVOR, SAY AYE. OPPOSED. REST OF THE HEARINGS WILL BE QUASI JUDICIAL. IF YOU ARE HEAR FOR TESTIFY OR SPEAK ON ANY OF THESE ISSUES, PLEASE STAND, RAISE YOUR RIGHT HAND AND BE SWORN IN BY THE CLERK. [SWEARING IN] >>ALAN CLENDENIN: 52. >> GOOD AFTERNOON REBECCA JOHNS, LEGAL DEPARTMENT. THIS IS THE FIRST PUBLIC HEARING FOR A SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TAMPA AND THE USF BOARD OF TRUSTEES. CAMPUS DEVELOPMENT AGREEMENTS ARE DIFFERENT THAN THE DEVELOPMENT AGLEAM THAT TYPICALLY COME BEFORE YOU.THESE DEVELOPMENT AGLEAM HAVE THEIR OWN GOVERNING STATUTE WHICH IS SECTION 1013.30 FLORIDA ST STATUTES. STATUTE SPECIFICALLY SETS OUT THE PROCEDURE AND THE REQUIREMENTS FOR ADOPTING A CAMPUS DEVELOPMENT AGREEMENT. THE PROCEDURE, JUST VERY BRIEFLY THAT THE UNIVERSITY FIRST SUBMITS A CAMPUS MASTER PLAN TO THE LOCAL GOVERNMENT AND SOME OTHER STATE REVIEWING AGENCIES. ANY OBJECTIONS OF THE LOCAL GOVERNMENT TO THE CAMPUS PLAN ARE LIMITED TO ISSUES DIRECTLY PERTAINING TO THE PUBLIC FACILITIES OR SERVICES THAT THE LOCAL GOVERNMENT PROVIDES OR MAINTAINS WITHIN THE CAMPUS OR THE DIRECT IMPACT THAT THE DEVELOPMENT WOULD HAVE ON THE LOCAL GOVERNMENT. WE DO NOT COMMENT ON WHAT IS ACTUALLY BEING BUILT ON THE CAMPUS. THE UNIVERSITY BOARDED TRUSTEES CONSIDERS THE COMMENTS FROM ALL OF THE REVIEWING AGENCIES AND THEN THEY ADOPT THEIR MASTER PLAN. UPON ADOPTION OF THE MASTER PLAN, THE BOARD OF TRUSTEES AND THE LOCAL GOVERNMENT ENTER INTO A DEVELOPMENT AGLEAM TO ADDRESS THOSE PUBLIC -- AGREEMENT TO ADDRESS THE PUBLIC FACILITIES THAT ARE IN THE MASTER PLAN THAT INCLUDES THE LEVELS OF SERVICE AND IMPACTS OF AND DEFICIENCIES TO THE FACILITIES. IN THE EVENT THAT THE DEVELOPMENT AGREEMENT IS NOT APPROVED HERE, THEN IT MOVES ON TO THE STATE LAND PLANNING AGENCY TO HOLD HEARING. AND THAT STATE LAND PLANNING AGENCY MAY PRESCRIBE BY ORDER THE CONTENTS OF THE DEVELOPMENT AGREEMENT. THAT IS JUST A BRIEF OVERVIEW OF HOW WE GOT HERE. THAT IS WHAT HAPPENS WHEN YOU ADOPT A DEVELOPMENT AGREEMENT. THIS IS A SECOND AMENDMENT TO AN EXISTING DEVELOPMENT AGREEMENT; HOWEVER, IT WENT THROUGH THE SAME PROCESS. IN 1998, THE INITIAL CAMPUS DEVELOPMENT AGREEMENT WAS ENTERED INTO WITH USF. IN 2007, THAT DEVELOPMENT AGREEMENT WAS REDONE. AND IT WAS EXTENDED IN 2015. SO CURRENTLY, THE CAMPUS DEVELOPMENT AGREEMENT EXPIRES DECEMBER 31, 2025. USF ADOPTED AN AMENDMENT TO THEIR CAMPUS PLAN TO ADD ADDITIONAL OUTDOOR SEAT WIG IS A STADIUM AND THEN ADD SOME BEDS. USF IS HERE TO PROVIDE MORE INFORMATION ABOUT THEIR DEVELOPMENT, SO I WON'T GO INTO THAT. I DO WANT TO REMIND THAT YOU THIS IS ABOUT THE STADIUM. THIS DOES NOT INCLUDE CLOUDU CLAUDE PROPERTY THAT YOU HEARD THIS MORNING AND MEADE IN MEDIA. THIS LEX TEND THE CURRENT DEVELOPMENT AGREEMENT THROUGH DECEMBER 31, 2030. THIS AMENDMENT ADDRESSES THE PUBLIC FACILITIES IMPACTED BY THE PROPOSED DEVELOPMENT. IT STATES THAT WATER FOR THE STADIUM WILL BE SERVED THROUGH EXISTING ON-CAMPUS WELLS. AND TO ANSWER YOUR QUESTION, COUNCILMAN, I HAVE CONFIRMED THERE IS WATER TREATMENT. IT ALSO ADDRESSES THREE ROADWAY INTERSECTIONS THAT ARE IMPACTED. THOSE ROAD REYS ARE COUNTY AND D.O.T. ROADS. SO THE AGREEMENT PROVIDES THAT US SFF IS WORKING WITH THE COUNTY TO MAKE THOSE IMPROVEMENT. AGREEMENT SAID ESTIMATED FLOWS FOR WASTEWATER CAPACITY BECOME INADEQUATE, USF WILL BE RESPONSIBLE AT THEIR COST FOR THE IMPROVEMENTS TO ADJUST THE PUMPING RATES AND/OR CHANGES TO THE POINTS OF CONNECTION TO THE CITY'S SEWER OR THE CITY SYSTEM. THERE WERE NO OTHER IMPACTS TO THE CITY FACILITIES. AGAIN, THIS AMENDMENT IS NOT ABOUT APPROVING WHAT IS BEING CONSTRUCTED ON THE CAMPUS. IT IS ABOUT THE PUBLIC FACILITIES AND SERVICES. THIS WILL NOT BE VOTED ON TODAY BY YOU. THERE ARE TO BE TWO PUBLIC HEARINGS. I WOULD ASK THAT THE CHAIR FRIAR CLOSING THIS PUBLIC HEARING ANNOUNCE THE DATE OF SECOND PUBLIC HEARING WHICH WILL BE DECEMBER 18. AND USF IS HERE TO MAKE THEIR PRESENTATION AND TO ANSWER ANY QUESTIONS. THANK YOU. >>ALAN CLENDENIN: VERY GOOD. REPRESENTATIVE FROM USF. GO BULLS. >> HEY, EVERYBODY. I AM ROB HIGGINS. I AM THE FIRST-EVER CEO OF USF ATHLETICS. MAY KNOW ME FROM EXECUTIVE DIRECTOR OF EXPECT BAY SPORTS COMMISSION IN MY PRIOR ROLE. I APPRECIATE THE FLEXIBILITY OF MOVING THE AGENDA ITEM UP. OUR MEN'S BASKETBALL TEAM TAKES ON UNDEFEATED UTAH STATE TONIGHT AND FRESH OFF THE HEELS OF INTRODUCING OUR NEW USF HEAD FOOTBALL COACH. CRAZY WEEK, BUT APPRECIATE THAT FLEXIBILITY. I AM GOING TO TAKE YOU THROUGH A QUICK PRESENTATION. I BELIEVE THIS SHOULD HAVE IT UP HERE. >>ALAN CLENDENIN: IT IS COMING UP. HERE WE GO. >> WITH ANY LUCK. >>ALAN CLENDENIN: IT IS THERE. >> PERFECT. I WILL TAKE YOU THROUGH THIS QUICK PRESENTATION. THIS REALLY REPRESENTS A BRAND-NEW ERA FOR USF ATHLETICS. OUR NEW ON-CAMPUS STADIUM WILL BE TRANSFORMATIVE NOT ONLY FOR USF BUT ALSO FOR THE COMMUNITY. OPEN US UP TO A WIDE VARIETY OF NEW OPPORTUNITIES. I AM GOING TO WALK YOU THROUGH ITS LOCATION FIRST ON CAMPUS. IT IS LOCATED ON THE EAST SIDE OF CAMPUS. IT IS JUST SOUTH OF THE PORTER FAMILY INDOOR PERFORMANCE CENTER. LESS THAN A TEN-MINUTE WALK FOR ALL YOU HAVE OUR CAMPUS -- ALL OF OUR STUDENTS THAT LIVE ON CAMPUS, AS WELL AS A TEN-MINUTE WALK FROM THE FUTURE FLETCHER DISTRICT. TAKE A LITTLE BIT MORE OF A CLOSER LOOK AT THE -- SOME OF THE I HAVE A PLENTIES THAT SURROUND, WHETHER IT IS THE CHAMPION'S WALK THAT WILL LEAD RIGHT INTO THE STADIUM. THERE IS PLENTY OF PARKING AND TAILGATE ZONE LIKE THE GRASS LOT AND THE NORTH LAWN. AND THE SOUTH PROMENADE WILL BASICALLY HOLD AND HOUSE ALL OF OUR FOOTBALL AND SERVICE OUR OPERATIONS AS WELL. SOME OF THE GENERAL NUMBERS AT A GLANCE. STADIUM CAPACITY IS 35,000. CLUB CAPACITY IS 1107. WE WILL HAVE 22 LIVING ROOM BOXES. 17 LOGES. 22 SUITES AS WELL AS TWO FOUNDER SUITES. AND THE CLUB CAPACITY IS 498. WE ARE VERY PLEASED AND PROUD OF THE FACT THAT WE WILL BE ABLE TO HAVE CLOSE TO 8,000 STUDENTS ATTENDS THE GAMES WHICH WILL BE AWESOME FOR, AGAIN, OUR FIRST-EVER ON CAMPUS STADIUM EXPERIENCE. A LOT OF GREAT BENEFITS CERTAINLY WHEN LOOK AT THE SPORTS AND EVENT REVENUE THAT CAN BE GENERATED. 35,000 SEATS AGAIN, BUT THEN YOU HAVE TICKET SALES, CONCESSIONS, RESTAURANTS, HOTEL GUESTS, ALL OF WHICH ARE BOOSTING THE TAX REV REVENUE. THE POTENTIAL FOR OUTSIDE EVENTS BECAUSE IT CAN BECOME A GREAT VENUE FOR CONCERTS, EVENTS, HIGH SCHOOL AND OTHER COLLEGIATE CHAMPIONSHIPS AS WELL. SO WE ARE VERY PLEASED WITH ALL OF THE DIFFERENT BENEFITS. IT WILL CREATE EXPOSURE FOR USF AND TAMPA BAY AREA THAT WILL ATTRACT TOURISTS, BUSINESSES, CONFERENCES AND NO DOUBT THAT TAMPA IS WHERE BUSINESSES AND FAMILIES WANT TO BE. SOME OTHER BENEFITS JUST COMING TO TERMS OF EMPLOYMENT AND COMMUNITY ENGAGEMENT. CERTAINLY JOBS FOR ALL THE CONCESSIONS OPERATIONS, CUSTODIAL, MAINTENANCE AND PROFESSIONAL AND INCREASED ECONOMIC ACTIVITY THAT WILL ALSO HELP DRIVE WHEN IT COMES TO STADIUM COMMERCE. BUT FROM A COMMUNITY ENGAGEMENT SIDE OF THINGS, CERTAINLY WE ARE VERY EXCITED OF THE POTENTIAL VOLUNTEER AND FUND RAISING PARTNERSHIP OPPORTUNITIES THAT WILL BECOME AVAILABLE AS WELL. THE TIMELINE, WHICH EVERYBODY IS ALWAYS CURIOUS ABOUT. CONSTRUCTION IS HAPPENING AS WE SPEAK. HUNDREDS OF PEOPLE OUT THERE EVERY DAY, WORKING ON THE SITE. FROM AN UNDER GROUND UTILITIES AND DEEP FOUNDATIONS AND STRUCTURAL CONCRETE. I SEE IT HAPPENING RIGHT OUTSIDE OF OUR FACILITY. A LOT OF CONCRETE, A LOT OF STEEL BEAMS, A LOT OF POUNDING OF THOSE BEAMS. WHEN IT IS NOT HAPPENING ON-SITE, I FEEL LIKE IT IS HAPPENING IN MY HEAD BECAUSE IT IS A REALLY NOISY SITE UP THERE. BUT WE ARE ALL ON PROGRESS FOR THAT OVERALL COMPLETION AROUND APRIL AND MAY OF 2027. SOME ADDITIONAL RENDERINGS TO TAKE A LOOK AT. YOU SEE THE SCOREBOARD RIGHT THERE. AS YOU CONTINUE CONTINUE TO GO THROUGH, THE LOBBY OF THE PERFORMANCE CENTER. RIGHT THERE IS OUR TRAINING TABLE AND ONE OF OUR GREAT HOSPITALITY AREAS THAT YOU WILL SEE THROUGHOUT THE VENUE. AND I WILL CERTAINLY CONCLUDE WITH AN AWESOME AERIAL OF WHAT -- WHAT OUR FIRST-EVER ON-CAMPUS GAME-CHANGING STADIUM WILL LOOK LIKE. THEN LET'S TAKE A QUICK LOOK AT THE VIDEO AS WELL. IF THEY WILL CUE UP THE VIDEO. >>ALAN CLENDENIN: C,CTV, IF YOU HAVE THE VIDEO. . >> TAMPA BAY, ONE OF THE FASTEST-GROWING REGIONS IN AMERICA. NEARLY FOUR MILLION STRONG. AND AT THE HEART OF IT ALL, THE UNIVERSITY OF SOUTH FLORIDA. JUST 70 YEARS YOUNG AND CHARGING A~ HEAD. HOME TO THE TOP MEDICAL SCHOOL IN THE STATE. A PREEMINENT UNIVERSITY AND A PROUD MEMBER OF THE PRESTIGIOUS AAU. RISE IN ACT DEMOCRAT IS MATCHED BY THE SURGE OF AL LETTICS. USF FOOTBALL IN 30 YEARS IS CRASHING THE GATES OF FOOTBALL'S ELITE, RANKING TWO IN THE POLLS. BUT NEVER HAD A TRUE HOME UNTIL NOW. CATHEDRAL BELT FOR COLLEGE FOOTBALL SEAT OVER 35,000. CAMPUS WILL COME TO LIFE AND TENTS AND RVs WILL BUILD FAN ZONES THAT GO ACROSS EVERY INCH OF GREEN SPACE. AT THE CHAMPION'S WALK, THOUSANDS OF PARK SHORN NAT STUDENTS AND FANS WILL TREK ACROSS CAMPUS ENERGIZING AND FILLING THE STADIUM WITH THUNDEROUS ENERGY. TENS OF THOUSANDS ALUMNI AND FANS JOIN IN ON GAME DAY CELEBRATIONS. SOME RELAXING IN LUXURY SUITES. OTHER IN EXCLUSIVE CLUB AREAS. BELOW, MORE FANS ENJOY THE STUDENTS IN THE STANDS, REVELLING IN THAT ELECTRIC GAME DAY ATMOSPHERE. THIS IS MORE THAN JUST A STADIUM. IT IS A STATEMENT. A NEW HOME. A NEW ERA! AND IT ALL BEGINS NOW! >> I WILL JUST FINISH WITH THIS FINAL COMMENT BEFORE WE OPEN IT UP FOR ANY QUESTIONS. I REFERENCED HOW INCREDIBLE THIS WILL BE FOR OUR 50,000 STUDENTS, BUT THEN WHEN YOU THINK OF OUR 400,000 LIVING ALUMNI. I AM A PROUD GRADUATE OF THE UNIVERSITY OF SOUTH FLORIDA. I AM THE SON OF TWO GRADUATES OF THE UNIVERSITY OF SOUTH FLORIDA AND THE BROTHER OF A USF GRADUATE. TO THINK OF THE OPPORTUNITY FOR FELLOW GRADUATES TO COME BACK FOR THE VERY FIRST TIME AND CHECK OUT JUST HOW MUCH USF HAS GROWN SINCE GRADUATION. MANY ALUMS ON CITY COUNCIL AS WELL. I THINK THIS IS GOING TO BE A VENUE THAT WILL MAKE ALL OF US REALLY, REALLY PROUD. SO WITH THAT, I CERTAINLY WILL OPEN IT UP TO ANY QUESTIONS YOU MAY HAVE FOR OUR DELEGATION HERE. >>ALAN CLENDENIN: COUNCIL MEMBER MANISCALCO AND THEN COUNCIL MEMBER MIRANDA. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. GO BULLS. I AM A PROUD, YOU KNOW, USF GRADUATE AND I LIKE THAT, A CATHEDRAL TO COLLEGE FOOTBALL. GREAT LINE. BUT HOW EXCITING. I GRADUATED IN 2007. AND, YOU KNOW, IT WAS THE SUN DOME. AND THE MAIN CAMPUS THERE. AND FOOTBALL GAMES AT RAYMOND JAMES. HAVING OUR OWN STADIUM IS HUGE. AND I THINK WHAT IT WILL DO IS THAT FOWLER AVENUE CORRIDOR. WE TALK OF FOWLER, FLETCHER, BUSCH, A BIG AREA. I THINK TO DR. GENSHAFT, WHEN SHE WAS THE BOSS, 15 YEARS AGO, YOU KNOW, ASKING FOR HELP IN THAT AREA. WE SEE WHAT IS HAPPENING AT UNIVERSITY MALL AND THE CHANGES THERE. I THINK WITH THIS FURTHER GROWTH, THE STADIUM IS A HUGE PLACE. YOU WANT A PLACE YOU CAN CALL HOME. NOT SHARING A STADIUM WITH -- WITH THE BUCCANEERS, WHICH IS GREAT, BUT AS YOU HAVE SHOWN HERE, THIS IS VERY EXCITING. SO THANK YOU VERY MUCH. >>ALAN CLENDENIN: COUNCIL MEMBER MIRANDA. >>CHARLIE MIRANDA: I THINK GRADUATE OF JESUIT HIGH SCHOOL. >> YES, SIR. >>CHARLIE MIRANDA: I JUST KNOW HOW TO SPELL IT BECAUSE I WENT TO JEFFERSON. CONGRATULATIONS ON BEING WHO YOU ARE. I THINK THE STADIUM WILL SELL OUT. I THINK THAT. BUT YOU ALSO NOW -- COLLEGE FOOTBALL IS LIKE A AAA TEAM IN BASEBALL, BECAUSE NOW YOU NEED THE CASH TO DO WHAT YOU WANT TO DO. NO ONE CAN DO THAT BETTER THAN YOU. I APPRECIATE WHAT YOU HAVE DONE IN THE PAST. I AM SURE YOU WILL BE A LEADER LIKE YOU HAVE ALWAYS BEEN, ESPECIALLY WITH THE BULLS. CONGRATULATIONS TO UP. AND WE WILL BE LOOKING TO BUY SEASON TICKETS. THANK YOU VERY MUCH. >> THANK YOU. >>ALAN CLENDENIN: COUNCILWOMAN HURTAK. >>LYNN HURTAK: SO 35,000, RIGHT. >> YES. >>LYNN HURTAK: WHY SO SMALL. I AM SERIOUSLY ASKING. NEW YORK GRAD. 90,000. WHY SO SMALL. BUT IF THERE IS A PLAN FOR EXPANSION. >> A PLAN FOR POTENTIAL EXPANSION. WE WANTED TO MAKE SURE WE CREATED A LOT OF DEMAND AROUND IT. IF YOU LOOK AT OUR SEASON TICKET AND OVERALL GAME AVERAGE, AND YOU LOOK AT IT FROM THE LAST SEVERAL YEARS, THAT WOULD MAKE IT TO BE ONE OF THE BEST ENVIRONMENTS OF ALL OF COLLEGE FOOTBALL REGARDLESS OF HOW MANY PEOPLE ARE IN THERE. BUT WE CERTAINLY HAVE BUILT IT WITH THE STRATEGY OF HAVING AN OPPORTUNITY TO EXPAND WHEN THE TIME IS RIGHT. >>LYNN HURTAK: WHAT WOULD THE EXPANSION LOOK LIKE NOT MY -- WELL, IT IS MY MONEY BECAUSE STATE MONEY AND OTHERS. BUT I AM JUST VERY CURIOUS BECAUSE I DON'T WANT YOU TO HAVE TO REBUILD IT TOO SOON. WHAT IS THE MAX CAPACITY YOU ARE LOOKING A WHEN LOOKING AT EXPANSIONS. >> I THINK WE ARE STILL MAKING SURE PHASE ONE GOES VERY WELL BEFORE WE GO AHEAD AND CONFORM THE DETAILS ON PHASE TWO. BUT FROM -- I KNOW WE ARE GOING TO MAKE SURE THAT WE CAN ACCOMMODATE EVERYBODY AND ANYBODY WHO NEEDS -- ONCE WE HAVE PHASE ONE LOCKED IN AND GO FROM THERE. >>ALAN CLENDENIN: JUST REMEMBER THIS PUBLIC HEARING IS JUST -- >>LYNN HURTAK: I AM JUST DISAPPOINTED. >>ALAN CLENDENIN: I THINK YOU WILL FIND -- I ASKED THAT QUESTION OF THE GROUNDBREAKING. HOW IT IS DESIGNED IT -- >> IT IS READY TO BE. READY TO BE SCALABLE FOR SURE. AND I WANT TO MAKE SURE IT GETS OFF ON THE RIGHT FOOT. >>ALAN CLENDENIN: ANYBODY ELSE HAVE ANY QUESTIONS. COUNCILWOMAN YOUNG? THIS IS A PUBLIC HEARING JUST ABOUT THE -- ABOUT THE CAP US DEVELOPMENT AGREEMENT. ANY OTHER QUESTIONS OF THE CAMPUS DEVELOPMENT AGREEMENT? ANYBODY IN THE PUBLIC WHO WISHES TO SPEAK TO THIS ITEM? HEARING NONE. THANK YOU, ROB. SORRY, I DIDN'T GET YOUR NAME. HILLARY BLACK, USF. >>ALAN CLENDENIN: HI, HILLARY. GOOD TO SEE. A MOTION TO CLOSE. >>LYNN HURTAK: WE CAN'T -- WE CAN'T CLOSE BECAUSE WE WERE ASKED FIRST -- >>REBECCA JOHNS: TO REMIND EVERYBODY WHEN THE SECOND PUBLIC HEARING. SAY IT BEFORE THE PUBLIC HEARING. >>ALAN CLENDENIN: I MISSED THAT, TEACHER. >>LYNN HURTAK: THAT'S WHY I'M HERE. >>ALAN CLENDENIN: SECOND PUBLIC HEARING DECEMBER 18, 10:30 A.M. ON 315 EAST KENNEDY BOULEVARD TAMPA, FLORIDA, 33606 -- 33602. I LIVE IN 33606. >>REBECCA JOHNS: AT 10:30. >>ALAN CLENDENIN: ARE YOU KIDDING ME, COUNCILWOMAN HURTAK WILL LET ME GET AWAY FROM THAT A MOTION TO CLOSE FROM COUNCILWOMAN HURTAK. SECONDED FROM COUNCIL MEMBER MIRANDA. ALL IN FAVOR, SAY AYE. OPPOSED. AYES HAVE IT. 42. GOOD LUCK TONIGHT. TAKE CARE. GO BULLS. >>STEPHANIE POPE: STEPHANIE POPE, LAND DEVELOPMENT. ITEM 42 IS REZ-25-45. THE PROPERTY OF 302 NORTH OREGON AVENUE SUITE A AND B, TO REZONE FROM IG TO RM-24 RESIDENTIAL MULTIFAMILY. DO COUNCIL HAVE ANY QUESTIONS? >>ALAN CLENDENIN: HEARING NON. >>CHARLIE MIRANDA: I WILL MAKE A COMMENT -- [ INAUDIBLE ] CLENDENIN CONTACT LENSES MICROPHONE. COUNCIL MEMBER MIRANDA, PUT YOUR MICROPHONE OFTEN. >>CHARLIE MIRANDA: HE REVIEWED 42-47, I BELIEVE. -- 48. >>ALAN CLENDENIN: YOU ARE THE APPLICANT. >> I AM. RICHARD ROBIN, BINSON. >>ALAN CLENDENIN: ANYTHING YOU WANT US TO KNOW OR YOU ARE HERE FOR QUESTIONS. >> I'M HERE TO SEE -- TO MAKE SURE IT GOES THROUGH AND THAT IT IS ON THE WAY. >>ALAN CLENDENIN: PERFECT. VERY GOOD. ANYTHING ELSE YOU WANTED TO ADD, YOU ARE WELCOME TO ADD. >> I DON'T HAVE ANYTHING ELSE. >>ALAN CLENDENIN: ANYBODY IN THE PUBLIC WISH SPA TALK NO ITEM 42. >>CHARLIE MIRANDA: MOTION TO CLOSE. >>LYNN HURTAK: SECOND. >>ALAN CLENDENIN: ALL IN FAVOR, SAY AYE. OPPOSED. THE AYES HAVE IT. COUNCIL MEMBER MIRANDA, READ ITEM 42. >>CHARLIE MIRANDA: ITEM 42, ORDINANCE FOR SECOND READING AND ADOPTION, AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF 302 NORTH OREGON AVENUE SUITE A AND B IN THE CITY OF TAMPA, FLORIDA, AND MORE PARTICULARLY DESCRIBED FROM IG TO RM-24. PROVIDING AN EFFECTIVE DATE. >>GUIDO MANISCALCO: SECOND. >>ALAN CLENDENIN: PLEASE RECORD YOUR VOTE. >>CLERK: MOTION CARRIED UNANIMOUSLY WITH VIERA BEING ABSENT AT VOTE. >>ALAN CLENDENIN: THANK YOU. JUST AS YOU WANTED. ITEM 43. >>STEPHANIE POPE: GOOD AFTERNOON, STEPHANIE POPE, DEVELOPMENT COORDINATION. ITEM 43, REZ-25-89. THIS ITEM WAS A REZONING REQUEST FOR THE PROPERTY LOCATED AT 2012 LINDSEY STREET. THE REQUEST IS TO REZONE FROM RM-15, RESIDENTIAL MULTIFAMILY TO PD, PLANNED DEVELOPMENT FOR FRELGS SINGLE-FAMILY SEMI DETACHED. REVISION HAS BEEN COMPLETED AND PLANS HAVE BEEN COMMITTED TO THE CLERK'S OF. I AM AVAILABLE IF YOU HAVE NAYA YOUNG QUESTIONS. >>ALAN CLENDENIN: COUNCIL HAVE ANY QUESTIONS? HEARING NONE. APPLICANT? IS THERE AN APPLICANT FOR THIS O ONE? ANYONE IN THE PUBLIC WHO WISHES TOO SPEAK TO ITEM 43. >>CHARLIE MIRANDA: MOTION TO CLOSE. >>GUIDO MANISCALCO: SECOND. >>ALAN CLENDENIN: ALL IN FAVOR, SAY AYE. OPPOSED. AYES HAVE IT. COUNCILMAN CARLSON. READ ITEM 43. >>BILL CARLSON: MOVE ITEM NUMBER 43, REZ-25-9. ORDINANCE BEING PRESENTED FOR SECOND READING AND ADOPTION, ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF 2 2012 LINSEY STREET IN THE CITY OF TAMPA, FLORIDA, MORE PARTICULARLY DESCRIBED IN SECTION 1 FROM JOKE DISTRICT CLASSIFICATION RM-16 RESIDENTIAL MULTIFAMILY TO PD PLANNED DEVELOPMENT RESIDENTIAL SINGLE-FAMILY, SEMI DETACHED PROVIDING AN EFFECTIVE DATE. >>GUIDO MANISCALCO: SECOND. >>ALAN CLENDENIN: PLEASE RECORD YOUR VOTE. >>CLERK: MOTION CARRIED UNANIMOUSLY WITH VIERA BEING BE A SENATE VOTE. >>ALAN CLENDENIN: ITEM 44. >>STEPHANIE POPE: GOOD AFTERNOON, STEPHANIE POPE, DEVELOPMENT COORDINATION. ITEM NUMBER 44, FILE NO.REZ-25-92. REZONING REQUEST FOR THE PROPERTY 1541 WEST LaSALLE STREET. THE REQUEST SO REZONE FROM IG, INDUSTRIAL GENERAL TO M-24. RESIDENTIAL MULTIFAMILY. EUCLIDIAN REZONING AND NO SITE PLANS. I AM AILABLE IF YOU HAVE IF I QUESTIONS. >>ALAN CLENDENIN: COUNCIL HAVE ANY QUESTIONS? HEARING NONE. >>CHARLIE MIRANDA: MOVE TO C CLOSE. >>GUIDO MANISCALCO: SECOND. >>ALAN CLENDENIN: ALL IN FAVOR, SAY AYE. OPPOSED. AYES HAVE IT. COUNCILWOMAN YOUNG, READ ITEM 44. >>NAYA YOUNG: FILE NU NUMBER ARE,EZ-25-929, ORDINANCE SECOND READING AND ADOPTION. ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF 1541 WEST LaSALLE STREET IN THE CITY TAMPA, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN THE SECTION 1 FROM ZONING DISTRICT CLASS AT THIS OCCASION IG, INDUSTRIAL GENERAL TO RM-24 RESIDENTIAL MULTIFAMILY. PROVIDING AN EFFECTIVE DATE. >>ALAN CLENDENIN: A SECOND FROM COUNCIL MEMBER MANISCALCO. PLEASE RECORD YOUR VOTE. >>CLERK: MOTION CARRIED UNANIMOUSLY WITH VIERA BEING ABSENT AT VOTE. >>ALAN CLENDENIN: THANK YOU. ITEM NUMBER 45. >>STEPHANIE POPE: STEPHANIE POPE, LAND DEVELOPMENT. ITEM 45, FILE NO.REZ-25-THE 8. FOR 1302 NORTH OREGON AVENUE FROM RS-50 TO RM-18. THIS IS A EUCLIDIAN ZONING AND NOBODY SITE PLAN. IF COUNCIL ARE HAVE ANY QUESTIONS. >>ALAN CLENDENIN: COUNCIL HAVE ANY QUESTIONS. APPLICANT HERE? HEARING NONE. ANYONE TO SPEAK FOR THE AUTO I TIM. MOTION TO CLOSE. FROM COUNCIL MEMBER MIRANDA. SECONDED FROM COUNCIL MEMBER MANISCALCO. ALL IN FAVOR, SAY AYE. OPPOSED. COUNCILWOMAN HURTAK. >>LYNN HURTAK: FILE NUMBER FILE NO.REZ-25-98. ORDINANCE BEING PRESENTED FOR SECOND READ AND AND ADOPTION, AN ORDINANCE REZONING PROPERTY IN 1302 NORTH OREGON AVENUE IN THE CITY OF TAMPA, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN SECTION 1 ARE ZONING DIS DISTRICT RS-50 RESIDENTIAL TASK FORCE TO ARE,M-18 RESIDENTIAL MULTIFAMILY PROVIDING AN EFFECTIVE DATE. >>CHARLIE MIRANDA: SECOND. >>ALAN CLENDENIN: PLEASE RECORD YOUR VOTE. >>CLERK: MOTION CARRIED UNANIMOUSLY WITH VIERA BEING ABSENT AT VOTE CLENDENIN THANK YOU, ITEM 46. >>STEPHANIE POPE: STEPHANIE POPE, LAND DEVELOPMENT COORDINATION. ITEM NUMBER 46 FILE NO.REZ-25-1508. FOR 5705, 5707 NORTH 22nd STREET 2206 2208 2212 2212B 2214, 2215, 2400 (UNITS 100-338), 2401, 2403, 2815 (A1-A4), 2815 (B1-B4), 2815 (C1), 2815 (D1-D10) AND 2905 EAST HENRY AVENUE. THE REQUEST TO REZONE FROM PD-A TO HD-A FOR BUSINESS. PROFESSIONAL AND MEDICAL OF, CONGREGATE LIVING IF A STATE, RESIDENTIAL TREATMENT FACILITY, RECOVERY HOME A AND B, LIFE CARE TREATMENT FACILITY, RESIDENTIAL, RESIDENTIAL MULTIFAMILY HOSPITAL, DAY CARE, SCHOOL AND FOR PARCEL 5 ONLY. ALL CI USES. I AM AVAILABLE IF YOU HAVE ANY QUESTIONS. >>ALAN CLENDENIN: HEARING NONE. IS THERE AN APPLICANT. >> KAMI CORBITT WITH HILL WARD HENDERSON. I'M HERE TO ANSWER QUESTIONS BUT I DON'T HAVE ANYTHING TO ADD. >>ALAN CLENDENIN: I TRIED TO CALL YOU BACK, BY THE WAY. >> I KNOW. >>ALAN CLENDENIN: ANYONE TO SPEAK ON ITEM 46? >>GUIDO MANISCALCO: MOTION. >>CHARLIE MIRANDA: SECOND. >>ALAN CLENDENIN: ALL IN FAVOR, SAY AYE. OPPOSED. AYE HAVE IT. COUNCIL MEMBER MANISCALCO. I AM SURE THERE IS A LOTTERY NUMBER IN THERE SOMEWHERE. >>GUIDO MANISCALCO: ORDINANCE PRESENTED FOR SECOND READING AND ADOPTION, ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF 5705 AND 5707 NORTH 22 STREET 2206 2208 2212 2212B 2214, 2215, 2400 (UNITS 100-338), 2401, 2403, 2815 (A1-A4), 2815 (B1-B4), 2815 (C1), 2815 (D1-D10) AND 2905 EAST HENRY AVENUE IN THE CITY OF TAMPA, FLORIDA, MORE PARTICULARLY DESCRIBED IN SECTION 1 FROM ZONING DISTRICT CLASSIFICATION PD-A PLANNED DEVELOPMENT ALTERNATIVE TO PD-A PLANNED DEVELOPMENT, ALTERNATIVE, BUSINESS. PROFESSIONAL AND MEDICAL OFFICE, CONGREGATE LIVING FACILITY, RESIDENTIAL TREATMENT FACILITY, RECOVERY HOME A ANDB, LIFE CARE TREATMENT, AND CI USES. >>CHARLIE MIRANDA: SECONDS. >>ALAN CLENDENIN: PLEASE RECORD YOUR VOTE. >>CLERK: MOTION CARRIED UNANIMOUSLY WITH VIERA BEING BE A SENATE VOTE. >>ALAN CLENDENIN: ITEM NUMBER 47. >>STEPHANIE POPE: STEPHANIE POPE, DEVELOPMENT COORDINATION. ITEM NUMBER 47, REZ-25-24. THIS ITEM REZONING REQUEST FOR THE PROPERTY LOCATED AT 3075 NORTH ROCKY POINT DRIVE. THE REQUEST IS TO REZONE FROM PD PLANNED DEVELOPMENT TO PD PLANNED DEVELOPMENT FOR RESIDENTIAL MULTIFAMILY HIGH-RISE. REVISIONS HAVE BEEN COMPLETED AND CERTIFIED PLANS HAVE BEEN SUBMITTED TO THE CLERK'S OFFICE. I AM AABLE FOR ANY QUESTIONS. >>ALAN CLENDENIN: COUNCIL HAVE ANY QUESTIONS HEARING NONE. >> RYAN MANASSE WITH POPE. I AM HERE TO ANY QUESTIONS AS WELL AS ITEM 48. >>ALAN CLENDENIN: ANYBODY HAVE ANY QUESTIONS? ANYONE IN THE AUDIENCE WISH TO HAVE ANY QUESTIONS? COUNCILMAN CARLSON, READ ITEM 47. >>GUIDO MANISCALCO: WHAT ABOUT HIM. >>CHARLIE MIRANDA: THAT'S RIGHT, I AM NOT HERE IS. >>ALAN CLENDENIN: COUNCIL MEMBER MIRANDA. READ ITEM 47. >>CHARLIE MIRANDA: FILE NO. NUMBERREZ-25-24. ORDINANCE PRESENTED FOR SECOND READING AND ADOPTION, AN ORDINANCE OF 3075 NORTH ROCKY POINT DRIVE IN THE CITY OF TAMPA, FLORIDA, AND MORE PARTICULARLY DESCRIBED FROM ,D PLANNED DEVELOPMENT TO PD PLANNED DEVELOPMENT, RESIDENTIAL MULTIFAMILY HIGH-RISE PROVIDE AN EFFECTIVE DATE. >>GUIDO MANISCALCO: SECOND. >>ALAN CLENDENIN: A MOTION AND A SECOND. PLEASE RECORD YOUR DATE. >>CLERK: MOTION CARRIED UNANIMOUSLY WITH VIERA BEING BE A SENATE VOTE. >> MOVE THE RESOLUTION. >>ALAN CLENDENIN: MOTION FROM COUNCIL MEMBER MIRANDA. SECONDED FROM COUNCIL MEMBER MANISCALCO. ALL IN FAVOR, SAY AYE. OPPOSED, THE AYES HAVE IT. I WASN'T FORGETTING BUT BUT WAITING FOR A MORE COMPLICATING ONE. >>CHARLIE MIRANDA: THANK YOU FOR THINKING OF THAT THAT WAY. >>ALAN CLENDENIN: YES, EXACTLY. ITEM NUMBER 48. >> RYAN MANASSE FOR THE RECORD. THAT WAS THE DRI. >>ALAN CLENDENIN: ANY QUESTIONS FROM THE APPLICANT? ANYBODY IN THE AUDIENCE WISH TO SPEAK TO ITEM 48? HEARING NONE. A MOTION TO CLOSE. >>GUIDO MANISCALCO: SO MOVED. >>LYNN HURTAK: SECOND. >>ALAN CLENDENIN: ALL IN FAVOR, SAY AYE. OPPOSED. COUNCILMAN CARLSON. >>BILL CARLSON: MOVE ITEM NUMBER 48, FILE NO.DRI 25-14823. ORDINANCE PRESENTED FOR SECOND READ AND AN ADOPTION. AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, APPROVING A EIGHTH AMOUNT TO A DEVELOPMENT ORDER RENDER THE PURSUANT TO CHAPTER 380 FLORIDA STATUTESFIED BILL NR CHASE PROPERTY OWNER WILL,LC FOR ROCKER POINT HACKER FOR ROCKY POINT OFFICE AND COMMERCIAL PARK, PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT PROVIDE AN EFFECTIVE DATE. >>GUIDO MANISCALCO: SECOND. >>ALAN CLENDENIN: PLEASE RECORD YOUR VOTE. >>CLERK: MOTION CARRIED UNANIMOUSLY WITH VIERA BEING ABSENT AT VOTE. >> THANK YOU, COUNCIL. >>ALAN CLENDENIN: ARE WE GOOD. >>BILL CARLSON: MR. CHAIR -- >>ALAN CLENDENIN: MR. SHELBY. >>MARTIN SHELBY: WITH REGARD TO ITEM 49, THE AGENDA STATED THAT CARLSON VOTED NOD. AFTER SPEAKING WITH MR. CARLSON AND THE CLERK. I WANT THAT TO BE CORRECTED THAT AT FIRST READING HE WAS ABSENT ON FIRST READING ON NOVEMBER 20. >>BILL CARLSON: DO WE NEED TO VOTE. ALSO, MR. CHAIR -- MR. CHAIR -- >>CHARLIE MIRANDA: MY NEW PHONE AND I DON'T KNOW -- >>BILL CARLSON: I THOUGHT YOU SAID YOU NEVER BROUGHT THEM. ON THE ADVICE OF COUNCIL, I AM GOING TO ABSTAIN FROM 49 AND 50 UNFORTUNATELY ON ADVICE OF COUNSEL. ABSTAINING PURSUANT TO SECTION 286.012, FLORIDA STATUTE OUT OF A TO ENSURE A FAIR PROCEEDING FREE FROM POTENTIAL BIAS AND PREJUDICE. I WOULD LIKE TO MAKE A MOTION TO RECEIVE AND FILE MY FORM ABs FOR 49 AND 50. >>ALAN CLENDENIN: A MOTION TO FILE HIS FORMS TO ABSTAIN FROM COUNCILMAN CARLSON. A SECONDED FROM COUNCIL MEMBER MIRANDA. ALL IN FAVOR TO ACCEPT THE FORM SAY AYE. OPPOSED. AYES HAVE IT UNANIMOUSLY. ITEM NUMBER 49. >>LEO DEBARDELEBEN: GOOD AFTERNOON, DEBARDELEBEN. ITEM NUMBER 49 AB 2-25-20. REQUEST FOR APPLICATION FOR SMALL BEVERAGE SALES FOR BEER, WINE AND LIQUOR, CONSUMPTION ON PREMISES ONLY. SITE PLAN MODIFICATIONS WERE REQUIRED BETWEEN FIRST AND SECOND READING. THOSE CHANGES HAVE BEEN MADE AND CERTIFIED PLANS HAVE BEEN SUPPLIED TO THE CLERK. I AM AVAILABLE FOR QUESTIONS. >>ALAN CLENDENIN: DOES COUNCIL HAVE ANY QUESTIONS? JUST TO VERIFY, YOU HAVE THE HOURS THAT WERE PLACED ON FIRST AND SECOND. >>LEO DEBARDELEBEN: ALL THE CHANGES OF THE SITE PLAN THAT WERE DOESED DURING THE FIRST HEARING HAVE BEEN MADE. >>LYNN HURTAK: CAN YOU PUT THE SITE PLAN ON THE WOLF SO WE CAN SEE THAT? >>LEO DEBARDELEBEN: I HAVE -- I WILL PUT UP -- THE -- >>ALAN CLENDENIN: I THINK THAT IS A CRITICAL ELEMENT TO THIS. >>LEO DEBARDELEBEN: ABB 9 P.M. WEDNESDAY AND THURSDAY AND -- >>LYNN HURTAK: IF I REMEMBER CORRECTLY NOT JUST AB HOURS. WAS IT AB HOURS OR -- HOURS OF OPERATION. >>LEO DEBARDELEBEN: HOURS OF OPERATION. FIRST HOURS OF OPERATION IF YOU CAN SEE THOSE. >>ALAN CLENDENIN: WE CAN'T. >>LYNN HURTAK: DON'T ZOOM OUT BECAUSE IT IS SMALL. HOURS OF OPERATIONS. THAT IS WHAT I THOUGHT. OUTSIDE AMPLIFIED SOUND WAS PROHIBITED AND SOMETHING OF NOT -- NUMBER 8, TABLES AND CHAIRED NOT IN OUTSIDE AREAS. AND WILL CONSTITUTE A SUBSTANTIAL CHANGE ARRIVING CITY COUNCIL'S APPROVAL. WOW THAT IS EVEN ABOVE AND BEYOND. >>ALAN CLENDENIN: THAT'S GOOD. DOES COUNCIL HAVE ANY QUESTIONS FOR STAFF? APPL APPLICANT? >> ALEX SCHALER, 400 NORTH ASHLEY DRIVE AND I WAS GOING TO HIGHLIGHT ALL OF THOSE EXACT NOTES. I HAVE NOTHING TO ADD BUT HAPPY TO ANSWER QUESTIONS. >>LUIS VIERA: WE ARE FINISHED WITH THE ONES FROM NOVEMBER 14 OR 13, CORRECT? >>GUIDO MANISCALCO: YES. >>LUIS VIERA: OKAY. GOOD. DISREGARD. I WAS GOING TO SAY I WASN'T HERE FOR THOSE. >>ALAN CLENDENIN: YOU WERE HERE FOR THE SECOND ONES EITHER. >>LUIS VIERA: I KNOW. I WAS -- I HAD A VERY GOOD EXCUSE. WATCHING KIDS IN LAS VEGAS. >>ALAN CLENDENIN: VERY GOOD. ANYBODY IN THE PUBLIC WHO WISH TO SPEAK TO ITEM 49? JUST TO VERIFY, EVERYBODY HAS BEEN SWORN? OKAY. >>MARTIN SHELBY: IF YOU WERE HERE, PLEASE ACKNOWLEDGE YOUR PRESENCE. VIRGINIA SMITH. I DON'T SEE ANYONE RESPONDING. ADRIAN WILL,ARMIE, THAT IS PUN PERSON. PAMELA COLLIER. TWO ADDITIONAL MINUTES. A TOTAL OF THREE PLUS TWO IS FI FIVE. >> GOOD AFTERNOON, CITY COUNCIL. ANY NAME IS SANDY SANCHEZ. A COUPLE OF WEEK AGO, I ATTENDED THE SECOND READING FOR BEER, WINE AND LIQUOR FOR 40 EAST DAVIS BOULEVARD. I WAS I HAVE A LARGED WHEN I HEARD THE APPLICANT WAS MAKING FOR BEER AND WINE LICENSE FOR A ICE CREAM SHOP OR MAYBE A RESTAURANT. CHANGES HAD TO BE MADE BETWEEN FIRST AND SECOND READING. BUT NONE OF THOSE CHANGES HAD IN IGGING TO DO WITH THE WAIVERS THEY ARE BASICALLY RESTRICTIONS. ALCOHOLIC BEVERAGE CAN ONLY BE CONSUMED INDOORS, NO TABLES OR CHAIRS CAN BE PLACEDED IN ANY OF THE OUTDOOR AREAS. NO OUTSIDE MUSIC AND LIMITED HOURS OF OPERATION. MY CONCERN IS THE SAFETY OF THE CHILDREN. A MIX OF CHILDREN AND THE DRINKERS. NOT SUCH A GOOD IDEA. I SEE THAT THE APPLICANT ADDED A CHILDREN'S LIBRARY IN THE INTERIOR AND THE POSSIBILITY OF PLAYGROUND EQUIPMENT IN THE BACK. THE DINING ROOM MUST NOT HAVE CHILDREN. CAN YOU IMAGINE A CHILD WITH AN ICE CREAM CONE IN ONE HAND, A BOOK ON OTHER HAND AND THE ICE CREAM MELTING. A PLAYGROUND WHERE PARENTS WILL HAVE TO STAND WITH NO TABLES AND CHAIRS ALLOWED. CAN YOU -- YOU CAN YOU ENVISION THAT? I DON'T THINK SO. IT APPEARS AS IF THE APPLICANT WANTS A BEER AND WEAN LICENSE JUST IN CASE THE ICE CREAM PARLOR FAILS. THEY SHOULD DO SO WHEN APPROPRIATE BUT NOT NOW. HE GIVEN YOU A COPY OF THE LAST STAFF REPORT. ON PAGE 4, SECTION 4 ON GENERAL STANDARDS, COMPLYING WITH GENERAL STANDARDS, THIS PROJECT DOES NOT MEET THE CRITERIA. NUMBER ONE, THE DESTRUCTION OF THE QUALITY OF LIFE IS NOT CONSIDERED FOR THIS NEIGHBORHOOD. NUMBER TWO, THE WAIVERS ARE NEEDED FOR THEM TO COMPLY. NUMBER THREE, THIS DEFINITELY IS NOT A NECESSITY. AND NUMBER FOUR, THERE IS NO WAY WAIVERS WOULD NOT AFFECT THE NEIGHBORHOOD. THE WAIVERS WILL SET A PRECEDENT FOR FUTURE DEVELOPMENT. IF YOU TURN TO PAGE 3, I BELIEVE THIS SAYS IT ALL. ALL THE REQUESTS FOR WAIVERS WERE FOUND INCONSISTENT. CITY COUNCIL WOMAN GWEN HENDERSON, GOD BLESS REMEMBER, MADE THAT STATEMENT SEVERAL TIMES AT VARIOUS CITY COUNCIL MEETINGS THAT THE EMPLOYEE OF THE CITY OF TAMPA ARE HIRED PROFESSIONALS. THEY REVIEW APPLICATIONS FOR ITEMS THAT ARE NOT ALWAYS BEN EXPEDITIOUS TO THE CITY AND SURROUNDING NEIGHBORHOODS. THESE PROFESSIONALS HAVE FOUND EVERY WAIVER IN THIS APPLICATION FOR BEER AND WINE TO BE INCONSISTENT. I UNDERSTAND THE CITIZENS OF DAVIS ISLAND ARE FEARFUL OF BECOMING THE NEXT SOHO. THEY ARE JUSTIFIED IN THINKING THIS. AND THIS HAPPENS, YOUR DECISION TONIGHT WILL HAVE A LOT TO DO WITH IT. PLEASE ADHERE TO THE RECOMMENDATIONS FOUND BY THE CITY STAFF AS INCONSISTENT AND DENY THIS APPLICANT'S REQUEST. THANK YOU. >>ALAN CLENDENIN: THANK YOU. NEXT SPEAKER. SHELBY MR. BROWN HAS DEBRA BROWN AS A NAME. IS DEBRA BROWN HERE? ONE ADDITIONAL MINUTE. >>ALAN CLENDENIN: START WITH YOUR NAME AND YOU HAVE FOUR MINUTES. >> GOOD AFTERNOON, COUNCIL. MY NAME IS GARY BROWN, AND I OWN THE CLOSEST SINGLE-FAMILY PROPERTY TO THIS APPLICATION. I ALSO HELPED WRITE THE DAVIS ISLAND COMMUNITY PLAN THAT I AM PASSING OUT TO YOU. IN NOVEMBER OF -- EXCUSE ME, 20R 07, CITY COUNCIL, INCLUDING MR. MIRANDA, APPROVED THE DAVIS ISLAND COMMUNITY PLAN FOLLOWING THE COMMUNITY APPROVAL IN JUNE. THE PLAN PROVIDES A VISION FOR THE ISLAND'S FUTURE, FOCUSING ON MAINTAINING A SMALL TOWN FIELD AND ENHANCING COMMUNITY IDENTITY. KEY ELEMENTS INCLUDE CREATING A MORE WALKABLE AND PEDESTRIAN-FRIENDLY VILLAGE CENTER WITH LOW-SCALE BUILDINGS AND MIXED USE, AS WELL AS PROTECTING SURROUNDING RESIDENTIAL USES. ON A DAILY BASIS, INDIVIDUAL RESIDENCE, BUSINESS LEADERS, INVESTORS, COMMUNITY ORGANIZATIONS, ELECTED OFFICIALS, AND GOVERNMENT AGENCIES MAKE DECISIONS THAT CAN IMPACT DAVIS ISLANDS, AND HOW IT GLOWS AND CHANGES OVER TIME. PLAN INTENDED TO PROVIDE A FRAMEWORK FOR THESE DECISIONS. WEIGHED OF A PARTICULAR ACTION WILL MOVE TO ACHIEVING ITS DIVISION, OUR SHARED VISION WILL BE IN THE FUTURE. PLAN IS A GUIDING DOCUMENT. WHO-TO DOCUMENT FOR SPECIFIC STATEMENTS FOR COMPLETING THE COMMUNITY VISION. SUCH STATEMENTS PERTAINING TO THE REVISIONS TO LOCAL LAWS, ORDINANCES AND DEVELOPMENT CODES. PAGE 5 OF THE PLAN UNDER THE SECTION "GETTING AROUND" I HAVE TABBED FOR REFERENCE THE VISION STATEMENT THAT SAYS THAT PARK IS A COMMODITY THAT IS CAREFULLY MANAGED. PROBLEMS OF PARKING SHORTAGES HAVE BEEN RESOLVED. ON PAGE 9 OF THE PLAN UNDER THE SECTION "VILLAGE CENTER." TABBED THE REFERENCE WITH THE FOLLOWING STATEMENT. VILLAGE CENTER AND SURROUNDING RESIDENTIAL USES LIVE IN HARMONY. THE LEG SIEVE EFFECTS SUCH AS TRAFFIC, PARKING, LOADING AND UNLOADING, NOISE, TRASH DISPOSAL AND LITTER HAVE BEEN RESOLVED. SO COUNCIL, YOU NEED TO ASK YOURSELF FOUR SIMPLE QUESTIONS. OF A BEER AND WINE USE IN THE SOUTHERN EDGE OF THIS VILLAGE OF PUBLIC NECESSITY. IS THE BEER AND WINE USE IN CONFORMITY WITH THE COMPREHENSIVE PLAN. IN THIS CASE, YOU MUST ALSO INCLUDE THE DAVIS ISLAND XHAUNT, COMMUNITY PLAN BECAUSE IT WAS IT WAS ADOPTED BY CITY COUNCIL. DID YOU SEE IT SAEB A PRECEDENT OF AND ENCOURAGE MORE INTENSIVE AND MORE INCOMPATIBLE USES TO THE SURROUNDING AREA. IS THE BEER AND WINE US INTO THIS LOCATION AT THE SOUTHERN EDGE OF THE VILLAGE COMPATIBLE IN HARMONY WITH THE CONTIGUOUS SURROUNDING RELATION PROPERTIES. IN THIS -- IF THIS APPLICANT IS GRA GRANTED, IT WILL CAUSE THE LARGEST OUTDOOR BEER AND WINE SALES AREA IN THE ENTIRE VILLAGE, OVER 3,000 SQUARE FEET WHICH IS HOST LARGE GATHERINGS OF SEVERAL HUNDRED PEOPLE AND I PROMISE YOU THEY ARE NOT ALL ARRIVING ON FOOT. SO I PLEASE ASK TO YOU CONSIDER THIS AND DENY IT. THANK YOU. >>ALAN CLENDENIN: THANK YOU. NEXT SPEAKER. START WITH YOUR NAME, PLEASE. >>MARTIN SHELBY: HAS ONE NAME, STEPHANIE ,OYN,OYNOR. >>ALAN CLENDENIN: START WITH YOUR NAME. YOU HAVE FOUR MINUTES. >> I AM SORRY. >>ALAN CLENDENIN: CCTV, CAN YOU PUT THE WOLF UP ON THE PUBLIC MONITOR PLEASE. THAT IS STRANGE. SOME. FOR SOME REASON WE ARE SEEING DOUBLE IMAGES. >> I HIT A BUTTON. I DON'T KNOW WHAT I HIT. >>ALAN CLENDENIN: DON'T HIT BUTTONS. IT IMPLODED. >>MARTIN SHELBY: MAYBE SOMEBODY CAN ASSIST. >>ALAN CLENDENIN: CCTV. SHE HIT A BUTTON. >> MY APOLOGIES, I DON'T WANT TO DELAY THE MEETING. IF IT IS ACCEPTABLE TO YOU -- ALAN CLENDENIN: IT IS OKAY. WE WILL WAIT FOR YOU. >>LYNN HURTAK: YAY! >> CAN YOU IT SO I CAN SEE THE WHOLE PAGE. I WANT TO SHOW THE WHOLE PAGE. YEAH. THANK YOU VERY MUCH. YOU WIN A PRIZE. >>GUIDO MANISCALCO: I DON'T WANT ANYTHING. >> YOU DON'T WIN A PRIZE. >> OKAY, MAY I START. DEBBIE ZAMERMAN, CORSICA. I HAVE BEEN SWORN. I WON'T COVER EVERYTHING THAT I COVERED IN LAST MEETING. OFF BINDER THAT WENT INTO THE RECORD. I APPRECIATE THAT AND APPRECIATE THE COMMENTS FROM COUNCILWOMAN HURTAK AND COUNCIL MEMBER MANISCALCO. I HAVE A MOTION HELPER TO HELP YOU ADDRESS SOME OF THE ISSUES THAT I AM TALKING ABOUT. YOU JUST HEARD OF THE SIGNIFICANT ISSUES THAT RELAY TO PARKING. PARKING IS A HUGE ISSUE WITH THIS REQUEST. IF YOU GO IN AND YOU -- I HAVE GIVEN YOU SOME MATH ON THE PARKING THAT I WILL REFER BACK TO. BUT WITH THIS REQUEST AND COMBINE WITH A COMPANION REQUEST, WE WILL HAVE AN INCREASE IN THE PARKING DEFICIENCY OF OVER 198 -- 198 SPACES. WHAT I HAVE DONE HERE IF YOU LOOK AT THE PROPERTY DATA TABLE. WITHIN THE SITE MAN, BUILDING OCCUPANCY OF 44 PERSONS. OCCUPANCY A-2 WITH LESS THAN 50 OCCUPANTS AND WAIVING 109 SPACES WITH THIS SITE. ALL IN ALL WITH WHAT IS GOING ON HERE, YOU CAN HAVE 435 PEOPLE IF MY MATH IS CORRECT -- ANYONE WITH CORRECT ME -- ON THIS SITE. THAT 109 PARKING SPACES WILL BE DEFICIENT. RIGHT NOW WE ONLY HAVE IN DOWNTOWN DAVIS ISLAND 62 WORKING SPACES. ALREADY WHEN I GO THERE -- I LIVED ON THE ISLAND SINCE 2002. MANY PEOPLE WILL ATTEST YOU CONDITION GET A PARKING SPACE. GO WE HAVE A PARKING ISSUE WITH 26. WHAT THAT WILL BE INCREASING 198 FROM THIS APPLICATION AND THE NEXT APPLICATION. I PUT INTO THE RECORD SEVERAL PIECES OF COMMUNICATION, WHICH ADDRESS THE FACT THAT THIS WILL CREATE HUGE INCREASE IN OCCUPANCY IN AREA AND A PARKING DEFICIENCY. PUT INTO THE RECORD AND IT I WILL ADDRESS IN JUST A MINUTE, BUT I WILL DO IT RIGHT NOW. A NUMBER OF STAFF REPORTS WHERE YOU GO IN AND YOU ADDRESS THE ADVERSE IMPACTS. WHEN YOU HAVE -- THIS ONE SAYS "THE LACK OF OFF-STREET PARKING WILL HAVE NEGATIVE IMPACTS" AND THEY GO TO NEIGHBORHOOD IMPACT, SAFETY CONCERN, PLANNING AND LAND AUTO US. ALL THE TIME YOU DENY REQUESTS BECAUSE THEY DON'T HAVE PARKING. THIS ONE RIGHT HERE, THEY EVEN OFFERED TO HAVE PARKING VIA AN AGREEMENT OFF-SITE. IN THIS CASE THE OFF-SITE PARKING. ZONING FOR THE OFF-SITE PARKING DIDN'T MEET THE CRY IT EER -- CRITERIA AND THEY HAD A PROBLEM WITH IT. NOBODY ASKED THEM TO CONSIDER THE OFF-SITE PARKING. IF YOU LOOK THE GREEN SPACE IN THE BACK, YOU CAN PROBABLY HAVE FIVE SPACES.WHY THAT WAS NEVER USED FOR PARKING, WE DON'T KNOW BUT VIA A DESIGN EXCEPTION WHICH IS ALLOWED FOR OCCUPANCY OF LESS THAN 50 SPACES THAT WAS ONLY GIVEN -- I DECENT HAVE THE DATE, BUT APRIL THIS YEAR. APRIL THIS YEAR DESIGN EXCEPTION WHERE THEY HAVE A PARKING WAIVER FOR FIVE SPACES EVEN WHEN THEY HAVE THE SPACE 2012 TO HAVE IT. RIGHT ON THE ALLEY AND WITHIN MONTHS, THEY COME BACK TO YOU AND THEY SAY, OH, WE NEED TO HAVE ENOUGH PARKING WAIVERS TO SUPPORT 435 PEOPLE. THIS IS AN IDEA OF WHAT WILL BE GATHERED. HUGE GATHERING. CORN HOLE AN THINGS LIKE THAT HAVE BEEN MENTIONED FROM THE APPLICANT AND DOCUMENTATION IN THE RECORD. YOU HAVE THE POTENTIAL OF BEING A SOUTH HOWARD SCENARIO AND LACK OF PARK ALSO CREATE HUGE ISSUES WITHIN THE NEIGHBORHOOD, CREATE DANGEROUS SITUATIONS, AND WE CAN'T AFFORD -- THE DOWNTOWN DAVIS ISLAND CAN'T SUSTAIN 950 PEOPLE. THANK YOU SO MUCH. >>ALAN CLENDENIN: THANK YOU, DEBBIE. NEXT SPEAKER. >> AMY ELEANOR. I CAME TO OPPOSE THIS SPECIAL REQUEST. IT -- THEY ARE ASKING FOR A 39-FOOT REDUCTION IN BUFFER. SO 39 FEET. WHEN WE WERE OUT HERE THIS MORNING, WE DIDN'T HAVE ALCOHOL OR ICE CREAM. SOMEONE CAME OUT AND ASKED US ALL TO BE QUIET BECAUSE WE WERE BEING TOO LOUD FOR WHAT WAS HAPPENING IN HERE. SO I FEEL BAD LOOK FOR MY NEIGHBORS, BECAUSE THEIR BEDROOM WINDOWS ARE CLOSE TO WHERE THIS BACK YARD ICE CREAM PLACE IS GOING TO BE. I WANTED TO FILL NEW A LITTLE BIT OF ON MR. PATEL AND HOW HE HAS COME INTO THE DAVIS ISLANDS AREA. HE -- HE HAS LEASED AND PURCHASE MANY PROPERTIES IN THE RETAIL AREA, OKAY. HE HAS 220 EAST. HE HAS THE PIZZA BUILDING THAT IS SHUTTERED UP. HE BOUGHT THE FOUNTAIN RESTAURANT THAT HAS ALCOHOL AND PARKING. SHUTTERED UP. BOARDS IN THE WINDOW. THAT IS IN THE MIDDLE OF THE RETAIL DISTRICT WHERE PEOPLE AREN'T TRYING TO PUT THEIR KIDS TO BED. HE BOUGHT THE CORNER BAR THAT ALSO HAD COULD. A FUNCTIONING BUSINESS. HE SHUTTERED. BOARDS ON THE WINDOWS AND HE BOUGHT THE BANK OF AMERICA BUILDING. A BIG PAVED BUILDING WITH BANK OF AMERICA. HE CONTINUED TO PAVE OVER IT SO IT IS FULLY PAVED. AND THEN HE OUGHT FENCE AROUND IT AND A PICKLEBALL COURT AND A BASKETBALL FIELD ACROSS FROM KIKI'S AND MADE IT A PRIVATE PICKLEBALL CLUB FOR HIS FAMILY AND FRIENDS. HE IS ASKING CAN I HAVE ALCOHOL HERE ON THE CORNER RIGHT BY WHERE EVERYBODY SLEEPS AND SITS ON THEIR BACK PORCH INSTEAD OF WHERE HE HAS BUSINESSES AND LEASES IN THE CENTER OF THE TOWN. NOT ONLY THAT, BUT WAS SAYING THAT THE PARK WAS BAD, DEBBIE. BUT THE SITUATION HE SHUTTERED SOD MANY BUSINESSES. I CAN'T IMAGINE WHEN HE OPENS THEM, IF HE OPENS THEM, ADDITIONAL PARK ALSO WILL BE NECESSARY FOR WHAT HE IS ANTICIPATING. SO THAT IS MY TWO CENTS. YOU SHOULD KNOW THE WHOLE PICTURE. I DON'T KNOW WHY HE IS ASKING FOR THAT CORNER. IT JUST SEEMS REALLY POINTLESS. DOESN'T SEEM IT IS NECESSARY IF HE ALREADY HAS LEASES IN THESE OTHER BUILDINGS WITH ALCOHOL AND SEATING AND OUTDOOR. FOUNTAIN HAS A LITTLE -- HE TURNED IT INTO SOME KIND OF PUTT-PUTT OR SOMETHING. JUST ABANDONED. NOT BEING USED. PLEASE CONSIDER THEIR IN YOUR DECISION MAKING. CLENDENIN THANK YOU. CARROLL ANNE. >> CARROLL ANN BENNETT. I REALLY CANNOT UNDERSTAND THE INCENTIVE TO APPROVE THIS. LAND DEVELOPMENT STAFF AND THE TRANSPORTATION DEPARTMENT BOTH FOUND IT INCONSISTENT. IT VIOLATES THE CODE AND THE DAVIS ISLANDS COMMUNITY PLAN. WHY WOULD YOU WANT TO APPROVE IT? WHAT IS THE MOTIVATION? PEOPLE HAVE A RIGHT TO PREDICTABILITY AND CONSISTENCY. THEY HAVE A RIGHT TO DECIDE IF THEY WANT TO LIVE KNOWS A BUSINESS THAT SELLS ALCOHOL, FULL STOP. THAT'S IT. IF YOU APPROVE THIS, YOU ARE TAKING THAT AWAY FROM THEM AND THAT IS WRONG. IF YOU DENY THIS, IT DOES NOT INFRINGE ON THE RIGHT OF THE NEW TENANT. THEY KNEW ALCOHOL SALES WEREN'T ALLOWED. IF THEY CAN'T RUN A BUSINESS WITHOUT THE ALCOHOL, THEY SHOULDN'T HAVE LEASED THE PROPERTY THAT THAT SIMPLE AND OBVIOUS. IT IS A SELF-CREATED HARDSHIP. WHEN DO YOU HOLD PEOPLE RESPONSIBLE FOR THEIR DECISION AS SOON AS WHEN DO YOU REQUIRE THEM TO DO THEIR DUE DILIGENCE? HOW IS IT THE RESPONSIBILITY OF THE NEIGHBORS TO MAKE THE SACRIFICES? YMCA WOULD YOU TAKE A WAY THE CITIZEN'S RIGHT TO DETERMINE WHERE THEY WANT TO LIVE. COUNCIL GOING TO GIVE THE LEASEE THREE ACCOMMODATIONS THEY HAVE NO RIGHT TO AND TELL NEIGHBORS THEY HAVE TO SUCK IT UP. PEOPLE WHO WANT THE THREE WAIVERS MORE IMPORTANT THAN THE NEIGHBORS SOMEBODY IN IF THE APPLICANT CAN ONLY RUN A BUSINESS IF THEY SELL ALCOHOL AND ONLY WITH SEVEN PARKING SPACES, THEY SHOULD HAVE LEASED A PLACE NOT 200 FEET FROM RESIDENTIAL AND ONLY REQUIRES SEVEN PARKING SPACES THAT IS REAL ESTATE DUE DILIGENCE. HOW IS IT THE CITY'S RESPONSIBILITY TO WAIVE RULES JUST BECAUSE SOMEONE DOESN'T WANT THE RULES TO APPLY TO THEM? SINCE WHEN THE BURDEN OF RESIDENTS GIVE UP THEIR RIGHT TO SAT PHI SOMEONE'S WHIM. SINCE WHEN ARE THE WHIMS OF A NEW TENANT MORE IMPORTANT THAN OUR LAND DEVELOPMENT CODE, OUR COMMUNITY PLANS AND RIGHTS OF CITIZENS. ACCOMMODATING SCHEMES IS NOT YOUR JOB. AND RESIDENTS SHOULD NOT HAVE THEIR PROTECTIONS RIPPED AWAY. HOW IS THIS APPLICANT'S SCHEME MORE IMPORTANT THAN THE NEIGHBORS' RIGHTS? IF YOU APPROVE THIS, HOW ARE YOU GOING TO DENY THE NEXT ONE AND THE NEXT ONE. I DON'T CARE WHAT ANYBODY SAYS, THIS IS A PRECEDENT. HOW MANY HOURS HAVE PEOPLE SPENT IN THIS CHAMBER BEMOANING THE NEGATIVE EFFECT OF THE WET ZONING THAT COUNCIL HAS APPROVED. IF THE RULES FOR ALCOHOL STEALS ARE WRONG, THEN DO THE TRANS PARENT HONEST THING AND CHANGE THE RULES. EXEMPTIONS ARE KILLING WITH US 1 PAPER CUTS. YOU ARE CREATING BURNOUT IN OUR CITIZENS. EITHER FOLLOW THE RULES OR CHANGE THEM. IF THE CITIZENS DO NOT SUPPORT A CHANGE IN THE RULES, WHAT MORE DO YOU NEED TO KNOW. GOVERNING THIS WAY IS THE POOREST. THANK YOU. >>ALAN CLENDENIN: NEXT SPEAKER. >> I HAVE TO HOOK THIS UP. THEY SHOWED ME. I CAME IN AT 8:30, AND I WANTED TO DO IT RIGHT. I WANTED TO SHOW YOU A LEAD IS. I THINK IT IS THIS WAY. THAT THE PC? OK OKAY. >> TRY TO DRAG IT ALL THE WAY OVER THERE. YOU WANT ME TO TRY IT. KIND OF LIKE A SPLIT SCREEN. LET'S SEE. HOLD ON. >> I DO HAVE SOME FORMS HERE TOO THAT I CAN GIVE TO YOU, GUYS. CAN I APPROACH? ALAN CLENDENIN: GIVE YOU A COUPLE OF SECONDS TO TRY TO RESOLVE THAT. >> NORMALLY YOU CAN JUST DRAG IT OVER. IF NOT, YOU CAN E-MAIL IT TO ME AND I WILL PLUG MY LAPTOP. >> OKAY. WELL, I DID TEST IT OUT THIS MORNING. IT IS NOT WORKING NOW. SO I APOLOGIZE. >>ALAN CLENDENIN: CAN YOU PROCEED WITH THE PRESENTATION. >> OKAY. IS THIS -- >>ALAN CLENDENIN: START WITH YOUR NAPE. YOU HAVE THREE MINUTES. WE HAVE TECHNICAL ASSISTANCE. >> IT MIGHT BE THE CONNECTION. AND THEN THAT. IT WANTS TO DO SOMETHING -- THERE IT IS. THANK YOU. SORRY. APPRECIATE THE HELP THERE. EXCELLENT. >>ALAN CLENDENIN: GLAD IT WORKED OUT FOR YOU. >> SCOTT DEFRATES, 410 EAST DAVIS AND A BUMP OF PEOPLE TALKED ABOUT SOME OF THE THINGS I WANTED TO COVER BUT I WANTED TO SHOW YOU THIS HERE. WE HAVE BEEN GIVEN A LOT OF INFORMATION BUT I WANTED TO SHOW YOU THIS. RIGHT IN THE MIDDLE 340. >>ALAN CLENDENIN: CCTV, CAN YOU PUT THE PRESENTATION UP ON THE PUBLIC MONITORS. >> I HAVE RESET TIME. >>ALAN CLENDENIN: GO AHEAD. >> RESET TIME. OKAY, SO RIGHT HERE WE HAVE THE 340 EAST DAVIS. THAT IS WHAT THE APPLICANT IS ASKING FOR THE SPECIAL EXCEPTIONS FOR. THEY ARE ASKING FOR 39 FEET. THAT IT WHERE IT WOULD PUT. 250 THAT YOU HAVE IN LAW AND ORDINANCE IS RIGHT ON THE BLACK CIRCLE. YOU CAN SEE THAT THAT BASICALLY IS RIGHT ON TOP OF GARY BROWN'S HOUSE, ALSO MY HOUSE. MINE IS 135 FEET AWAY. PAT GREEN, WHO SPOKE TO YOU, HE IS ABOUT 205 FEET AWAY. AMY SAYING EARLIER, ONE OF THE SPEAKER, JUST HEARING NOISES TO THROUGH THE, YOU CAN GO AHEAD AND UNAMPLIFIED ANY KIND OF SOUND WILL CARRY. I WANT TO SHOW THAT YOU. DON'T ALLOW THIS TO HAPPEN. NEXT SLIDE WILL SHOW YOU THE REVISIONS OF THE HOURS. THAT IS ALL FINE AND DANDY. WE LOVE ICE CREAM. I KNOW ALL OF YOU GUY DO AS WELL. WE ARE NOT TALKING ABOUT ICE CR CREAM. WE ARE NOT TALKING OF ICE CREAM. WE ARE TALKING OF BEER AND WINE SALES RIGHT NEXT TO PEOPLE WHO THOUGHT THEY HAD 250 FEET. THEY DON'T -- THEY DIDN'T THINK 39 FEET. WHAT WILL IT BE NEXT TIME, 19 FEET, 5 FEET, A FOOT? PLEASE DON'T ALLOW THEM TO DO THIS. YOU CAN SEE GARY BROWN, SCAT DEFRATES, PAT GREEN. PEOPLE CAME TO SPOKE TO YOU. I REMEMBER YOU GUYS SAY YOU DIDN'T HAVE SUPPORT. BACK ON ACT 30. WHAT DID I DO? I TALKED TO A BUNCH OF PEOPLE GOT 135 NAMES OF PEOPLE DO NOT WANT IT. I SAW ON MY PHONE TODAY, SOME OF THE PUBLIC COMMENT, THE LAST ONES THAT YOU GUYS RECORDED EIGHT OF THOSE SAID NO. PLEASE DON'T DO IT. LOOK IT UP FOR YOURSELVES. ONLY ONE SAID GO AHEAD AND GO THROUGH WITH THE ALCOHOL. NOT THE ICE CREAM. WE LOVE ICE CREAM. I KNOW YOU LOVE ICE CREAM. I LOVE ICE CREAM. EVERYBODY DOES. WE ARE LOOKING FORWARD TO IT. AND I ALREADY TALKED TO NIKKI. I WILL BE FIRST ONE IN LINE TO GET ICE CREAM AT HIS NEW PLACE. THIS IS WHAT SOME OF THE PEOPLE OUT THERE WAS SAYING. WHEN I AM PUTTING MY KIDS UP TO BED HEARING UP TO YOU 400 PEOPLE IN THE BACK YARD. ALLOWING MORE BEER AND WINE IN DENSE, WALKABLE AREAS. DRIVING INCIDENTS OF IMPAIRED DRIVING AND ACCIDENTS. YOU CAN READ THE REST. DAVIS ISLAND CIVIC ASSOCIATION SAID NO. THEY CAME BEFORE THE ASSOCIATION AND THEY SAID NO. THIS IS NOT A GOOD THING. COUNCIL BILL CARLSON. I JUST WAS INFORMED NOW ISN'T SAYING ANYTHING, BUT DID SAY NO AT THE FIRST PART. 135 VERIFIED SIGNATURES. VOTE NO TO ENJOY HEALTH AND A SAFE PLACE TO RAISE CHILDREN. WE ARE NOT OPPOSED TO ICE CREAM. WE ARE OPPOSE BEER AND WINE AND STUFF RIGHT IN OUR BACK YARD. THANK YOU SO MUCH. >>ALAN CLENDENIN: THANK YOU. NEXT SPEAKER. >>MARTIN SHELBY: PLEASE ACKNOWLEDGE YOUR PRESENCE. PURCHASE THIS ABERGER, GOMEZ. LET'S TRY ANOTHER ONE, T TINA MIRAZ. DO YOU SEE ANY OF THESE PEOPLE BEHIND YOU. >> THEY ARE BOTH THERE. >>MARTIN SHELBY: WHERE ARE THEY? >> I WILL DO IT IN THREE. >>MARTIN SHELBY: OKAY. >> WE HAVE BEEN LOSING PEOPLE. WE WERE PACKED THIS MORNING I UNDER STAND OF. >>ALAN CLENDENIN: START WITH YOUR NAME. YOU HAVE THREE MINUTES. >> GOOD AFTERNOON, MR. CHAIR, WELCOME MISS YOUNG. I AM BOB AER BERG ERR. YOU HEARD ENOUGH OF THE TECHNICAL MERITS AND THE SITE PLAN. I WILL LIKE TO FOCUS MY BRIEF TIME ON WHAT I BELIEVE IS LACK OF MERIT OF THIS SPECIAL REQUEST. AND IF I MAY, AND YOU WILL ALLOW ME TO SPEAK AS A SUBJECT MATTER EXPERT ON RESPONSIBLE DEVELOPMENT. I KNOW MANY OF YOU WELL. SOME NOT AT ALL. I SPENT MY CAREER AS A COMMERCIAL DEVELOPER RUNNING TRAMMELL CROW FIRST FOR THE STATE OF FLORIDA DOING PROJECTS LIKE THE MARRIOTT WATER SITE THAT I DEVELOPED IN 2000. I LEFT TRAM TOLL BEGIN MR. VINIK'S STRATEGIC PARTNERSHIP COORDINATING THE ASSEMBLY, MASTER PLAN, COIN PLAN, THE MEDICAL SCHOOL. AND MOST IMPORTANTLY, THE CONCEPT OF PLACEMAKING. COMPATIBLE DEVELOPMENT. IF I MAY -- AND I ALSO HAD THE OPPORTUNITY TO SERVE AS THE CHAIR OF THE OVERHAUL OF OUR LAND USE CODE UNDER MAYOR BUCKHORN. SO I KNOW A BIT ABOUT CODE AND A BIT ABOUT DOEVELOPMENT. I WAS COMPELLED TO RETURN EVEN THOUGH I AM RETIRED. I USED TO BE ZONING CHAIR FOR SIX YEAR. KEY TO SUCCESSFUL DEVELOPMENT IS PLACEMAKING. PLACEMAKING INVOLVES BEING RESPONSIVE TO THE COMMUNITY AND SURROUNDS. OUR GOAD, AS DRAFTED, IS INTENDED TO SUPPORT THAT. PLACEMAKING INCLUDES DEVELOPMENT AND CREATES VALUE FOR THE SURROUND AREA AND IS RESPONSIVE TO THE COMMUNITY. OUR VILLAGE IS SMALL. YOU CAN ALMOST RUN A TAPE MEASURE ACROSS ITS LENGTH. AND TRADITIONALLY, IT HAS HAD USES THAT SERVED THE COMMUNITY, HARDWARE STORES, GROCERIES ARE, AND, YEAH, BANKS, RESTAURANTS AND BARS -- AND NOW A FEW MORE BARS. END USES, END USES AT THE END OF THE VILLAGE ADJACENT TO RESIDENTIAL WERE ALSO BUFFER USES AS CODE INTENDED. BANKS AND LAW FIRMS. GAS STATIONS. GROCERIES. RESTAURANTS AND BARS AS THEY EXIST HAVE HAD ALWAYS BEEN TO DATE REASONABLE IN SCALE, CONSISTENT WITH THE CHARACTER OF THE VILLAGE AND WHAT CODE ALLOWS. IN SPACES, LOW DENSITY. THEY NEED COMPATIBLE USES. THEY NEED TO BE RESPECTFUL TO THE ADJACENT PROPERTIES. THIS REQUEST IS NONE OF THESE. 30 SECONDS. THANK YOU. YOU HEARD FROM THE PASSIONATE RESIDENTS. REDUCTION FROM 250 TO 39. THAT DOOR TO THAT DOOR IS 40 FEET. ICE CREAM USE I BELIEVE IS A CONVENIENT, IF YOU WILL, COVER, IF I MAY. WHAT IT MOST ENHANCE IS THE VALUE OF THE PICKLEBALL COURT ACROSS THE STREET TO HAVE ALCOHOL BEVERAGE SERVICE AND THAT LEVEL OF DENSITY. THIS IS A VIOLATION OF REQUIRED SEPARATION OF ALCOHOL FROM RESIDENTIAL USES. >>ALAN CLENDENIN: THANK YOU. >> A LOT OF POTENTIAL ADVERSE EFFECTS AND I APPRECIATE YOUR TIME THIS AFTERNOON. >>ALAN CLENDENIN: HAVE A NICE AFTERNOON. OKAY REBUTTAL? >> ALEX SCHALER, 400 NORTH ASHLEY DRIVE. I WILL KEEP THIS VERY BRIEF BECAUSE WE HAD QUITE THE ROBUST DISCUSSION AT THE LAST READING. SOME MENTION ABOUT PRECEDENCE AND COMPATIBILITY. I JUST WANTED TO -- THROW THIS SLIDE BACK UP ON SCREEN. THIS WAS IN OUR ORIGINAL PRESENTATION. AND COMMERCIAL ZONING IS COMMERCIAL ZONINGS. WE HAVE OBVIOUSLY GONE ABOVE AND BEYOND TO COMMIT TO NO OUTDOOR AMPLIFIED SOUND TO ANY LIMITED AB SALES HOURS, CLOSING EXTREMELY EARLY, BUT THIS IS COMMERCIAL ZONING. IF THIS IS SUPPOSED TO BE A BUFFER AND COMPATIBLE, THEN YOU ARE ARTIFICIALLY REDUCING LIMITS. THIS BLOCK EVEN THOUGH A END CAP IS STILL COMMERCIAL. I WANTED TO ADDRESS THAT. AND WANTED TO REMARK THAT THERE ARE A COUPLE OF COMMENTS OF THE WAIVERS AND THE DISTANCE SEPARATION. WE ARE REQUESTING THAT IN BALANCE WITH THE FACT WE ARE MAKING THESE COMMITMENTS THAT ARE ABOVE AND BEYOND. IF WE WERE ASKING CHAPTER 14 TO SELL LIQUOR UNTIL 3 A.M., THERE WOULD BE COMPATIBILITY ISSUES WITH WAIVERS. WE HAVE WENT ABOVE AND BEYOND TO MAKE THIS EXTREMELY. AND JUST A REMINDER, THIS DID RECEIVE UNANIMOUS APPROVAL AT OUR SECOND FIRST READING. ALL WE HAVE DONE IS CHANGE THE HOURS OF OPERATION ON THE SITE PLAN AND ADDED A NOTE THAT WE CAN'T HAVE TABLES AND CHAIRS OUT BACK. THAT IS THE ONLY THING THAT HAS CHANGED FROM THE LAST HEARING THAT WE HAVE. SO WITH THAT, I AM HAPPY TO ANSWER ANY QUESTIONS OR GIVE ANY FURTHER CLARIFICATION THAT YOU MAY NEED. >>ALAN CLENDENIN: COUNCIL HAVE ANY QUESTIONS? HEARING NONE. >>LYNN HURTAK: MOTION TO CLOSE. >>LUIS VIERA: SECOND. >>ALAN CLENDENIN: ALL IN FAVOR, SAY AYE. OPPOSED. AYE HAVE IT. WHERE DID WE LEAVE OFF. COUNCILWOMAN YOUNG. DO YOU WANT TO READ ITEM 49? >>NAYA YOUNG: ORDINANCE BEING PRESENTED FOR SECOND READING -- FILE NUMBER AB 2-25-20, ORDINANCE PRESENTED FOR SECOND READING AND ADOPTION, ORDINANCE APPROVING A SPECIAL USE PERMIT SU-2 FOR ALCOHOL BEVERAGE SALES, SMALL VENUE, CONSUMPTION ASSUMPTION ON PREMISES ONLY, MAKING LAWFUL THE SALE OF BEER AND WINE AT OR FROM THAT CERTAIN HOT, PLOT OR TRACT OF AND WILL LOCATED 340 EAST DAVIS BOULEVARD, TAMPA, FLORIDA, MORE PARTICULARLY DESCRIBED IN SECTION 2, PROVIDING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT ARE REPEALED; PROVIDE AN EFFECTIVE DATE. >>ALAN CLENDENIN: WE HAVE A MOTION FROM COUNCILWOMAN YOUNG AND A SECOND FROM COUNCIL MEMBER VIERA. COUNCILWOMAN HURTAK. >>LYNN HURTAK: I JUST WANTED TO MENTION SOMETHING. WE HAD FOLKS TALK TODAY OF THE FACT THAT -- IS THAT STAFF FOUND INCONSISTENT BECAUSE BECAUSE OF WAIVERS AND TRIGGERS AN INCONSISTENT. WHETHER OR NOT STAFF AGREES THEY HAVE TO CALL IT INCONSISTENT. I WANTED TO MAKE SURE WE CLARIFY THAT BECAUSE THAT IS THE RULE. >>ALAN CLENDENIN: COUNCIL MEMBER MANISCALCO. >>GUIDO MANISCALCO: I MENTIONED AT THE LAST HEARING I WOULD THINK OF THIS FURTHER AND WITH REGARDS TO WHERE THE PROPERTY WAS AND THE DISTANCE SEPARATION AND THE BUFFER. I WILL STATE ON THE RECORD THAT I DROVE DOWN THE MAIN DRIVE WITH THE CHRISTMAS AND WHERE THE TREES LIT UP. I DROVE TO ANOTHER EVENT AT DAVIS ISLAND. I PASSED BY IT. >>MARTIN SHELBY: SO YOU ARE SEEING -- YOU VISITED THE SITE. >>GUIDO MANISCALCO: I DROVE BY IT. >>MARTIN SHELBY: YOU ARE GOING TO MAKE WHAT YOU ARE GOING TO SAY RELEVANT TO THE FACT THAT WHAT YOU OBSERVED IS PART OF YOUR OBSERVATIONS? >>GUIDO MANISCALCO: YES. >>MARTIN SHELBY: OKAY. I RECOMMEND THAT YOU REOPEN THE HEARING FOR THOSE PURPOSES. >>ALAN CLENDENIN: BECAUSE YOU ARE PROVIDING TESTIMONY. >>LUIS VIERA: SO MOVED TO REOPEN IF NECESSARY -- >>GUIDO MANISCALCO: OKAY. >>MARTIN SHELBY: THE REASON I AM DOING THAT IF DID YOU DO A SITE VISIT, THE RECOMMENDATION. >>ALAN CLENDENIN: WE SHOULD REOPEN THE HEARINGS WITH THE ATMOSPHERE. A MOTION FROM COUNCIL MEMBER VIERA TO REOPEN. SECOND FROM COUNCILWOMAN HURTAK. ALL IN FAVOR, SAY AYE. OPPOSED. AYES HAVE IT. HEARING IS REOPENED. COUNCIL MEMBER MANISCALCO. >>MARTIN SHELBY: SAY WHAT YOU ARE GOING TO SAY. >>GUIDO MANISCALCO: I WAS HEADED TO ANOTHER EVENT AT THE END OF THE ISLAND. HAD NOTHING TO DO WITH THIS AND I PASSED DOWN THAT MAIN CORRIDOR. WHAT YOU SEE IN PERSON -- AND I PULLED UP ON APPLE MAPS R&D AMENTIONED THIS AT THE PREVIOUS HEARING IS IT IS THE LAST COMMERCIAL BUILDING. LAST BUFFER BEFORE YOU GET TO THE RESIDENTIAL. THERE IS A HOUSE RIGHT THERE. AND SEEING THAT, YOU KNOW, THAT -- THAT GIVES ME PAUSE AND MAKES ME RECONSIDER BECAUSE, YEAH, THERE ARE PROVISIONS AND -- ON THE SITE PLAN ABOUT WHAT -- WHAT IS OUTDOOR, WHAT IS SAY LOWED AND WHAT A AMPLIFIED. THE HOURS AND EVERYTHING. IF THIS BUSINESS FAILS WHAT WILL COME NEXT. THAT GOES WITH THE LAND. THAT IS MY CONCERN AND I WILL BE A NO VOTE ON THAT. >>MARTIN SHELBY: WITH THAT BEING SAID, BECAUSE -- AND THIS IS -- THIS IT /* IS JUST FOR THE PURPOSE OF THE RECORD AND THE PURPOSE OF INFORMING COUNCIL. IF YOU WERE GOING TO DO SOMETHING LIKE A SITE VISIT OR DO SOMETHING THAT IS ACTUALLY TESTIFYING, THAT IS PERMITTED UNDER FLORIDA STATUTES, BUT WHAT YOU NEED TO DO IS YOU NEED TO GIVE THE OPPORTUNITY OF THE APPLICANT OR THE PETITIONER'S REPRESENTATIVE TO BE ABLE TO ADDRESS IT AND REBUT IT. AND WE DO THAT. THAT IS WHY I SUGGESTED THAT BE DONE DURING THE PUBLIC HEARING IF YOU DO THE SITE VISIT OR SOME TESTIMONY BASED ON YOUR OWN PERSONAL EXPERIENCE RATHER BEEN BEING OUTSIDE OF PUBLIC HEARING. IF SOMETHING THAT WANTS TO BE ADDRESSED. I SEE THE APPLICANT SHAKING HIS HEAD NO. >> TYLER HUDSON FOR THE RECORD. WE HAVE NOTHING TO REBUT. THERE WAS A COMMENT OF AMPLIFIED SOUND. THAT RUNS WITH THE LAND. DOESN'T CHANGE. THAT DOESN'T CHANGE YOUR VOTE. THAT IS CLEAR. I DON'T ANYTHING TO REBUT. >>LYNN HURTAK: MOTION TO CLOSE -- >>ALAN CLENDENIN: CAN I SAY SOMETHING -- I CAN SAY IT AFTER I CLOSE. MOTION TO CLOSE FROM COUNCILWOMAN HURTAK. SECOND FROM -- >>NAYA YOUNG: I HAVE A QUESTION. >>ALAN CLENDENIN: COUNCILWOMAN YO YOUNG. >>NAYA YOUNG: ANYTHING THAT WOULD HAPPEN, IT WOULD HAVE TO COME BACK TO COUNCIL, RIGHT? >>MARTIN SHELBY: THAT IS A QUESTION FOR STAFF. AND DEPENDS WHAT YOU MEAN ANYTHING THAT WOULD HAPPEN. WHAT ARE YOU CONTEMPLATING, A CHANGE OF USE OR SOMETHING LIKE THAT? A FULL RANGE OF WHAT IS POSSIBLE TO HAPPEN? >>LEO DEBARDELEBEN: LEO DEBARDELEBEN, LAND DEVELOPMENT COORD COORDINATION. YES, MA'AM, THE SITE PLAN IS BINDING. THE CONDITIONS OF THE OPERATION THERE. ANYTHING THAT THEY WOULD PROPOSE TO CHANGE WILL NEED TO COME IN FRONT OF YOU. >>NAYA YOUNG: OKAY. ALAN CLENDENIN: JUST FOR CLARIFICATION BECAUSE SOMETHING THAT WAS SAID DURING THE HEARING. ITEMS AND RESTRICTIONS ON THE SITE PLAN CARRY WITH THE LAND AS WELL. >>Deb: THAT'S CORRECT CLENDENIN I WANT PEOPLE TO HAVE A CLEAR UNDERSTANDING. COUNCILWOMAN HURTAK. >>LYNN HURTAK: THEY CAN NEVER HAVE CHAIRS AND BENCHES. IF THEY CHOOSES TO TURN INTO A RESTAURANT, THEY WILL NOT HAVE ANY SEATING OUTSIDE AND THEY ARE GOING TO HAVE TO CLOSE AT 9 AND 10 P.M. I CANNOT CHANGE. >>MARTIN SHELBY: I DON'T KNOW IF WHETHER THAT IS THE CASE. >>DANA CROSBY COLLIER: DANA CROSBY COLLIER FROM THE CITY ATTORNEY'S OFFICE. JUST TO REMIND YOU, IT IS A RESTAURANT. THE SMALL VENUE IS THE RESTAURANT. >>LYNN HURTAK: I APOLOGIZE, BUT STILL NO ABILITY TO ADD TABLES AND CHAIRS OUTSIDE BECAUSE ON THE SITE PLAN YOU CAN'T. >>ALAN CLENDENIN: IF THEY TURN IT INTO ANYTHING ELSE, RESTRICTIONS ON-SITE PLAN REMAIN THE SAME. IF THEY START SELLING CIRCUS TOYS, IT STAYS SAME. OKAY. >>LYNN HURTAK: CIRCUS TOYS. >>MARTIN SHELBY: IF I CAN. I BELIEVE TO ANSWER YOUR QUESTION, A SITE PLAN CAN BE CHANGED, BUT DOES REQUIRE -- HAS TO COME BACK TO COUNCIL, IS THAT CORRECT? SO WHATEVER IS ON THE SITE PLAN DONE MEAN IT RUNS WITH THE LAND, IT MEANS IT RUNS WITH THAT SITE PLAN. AM I MISINTERPRETING? >>DANA CROSBY COLLIER: OKAY. LEO, DO YOU WANT TO -- THEY WERE HAVING SOME DISCUSSION THAT I WASN'T PARTY TOO. >>LEO DEBARDELEBEN: LEO DEBARDELEBEN, LAND DEVELOPMENT COORD COORDINATION. AGAIN, THIS IS A DIFFERENT PROCESS THAN THE REZONING WHERE THERE IS A PROCESS LIKE THE SUBSTANTIAL CHANGE REVIEW. THAT DOESN'T EXIST FOR ALCOHOL SALES. THEY WILL BE COMING IN FRONT OF YOU. >>ALAN CLENDENIN: YOU GUYS WANT TO CAUCUS FOR A MINUTE? >>DANA CROSBY COLLIER: TO CLARIFY. DANA CROSBY COLLIER, THE ISSUE -- JUST TO CLARIFY, THE -- THE SPECIFICS ON THE SITE PLAN CANNOT BE CHANGED UNILATERALLY. IT WILL TAKE AN ACTION. >>ALAN CLENDENIN: ACTION OF COUNCIL. >>DANA CROSBY COLLIER: YEAH. >>ALAN CLENDENIN: WE HAVE A NEW MOTION TO CLOSE FROM COUNCIL MEMBER VIERA. SECONDED FROM COUNCILWOMAN HURTAK OF ALL IN FAVOR, SAY AYE. OPPOSED. >>LYNN HURTAK: CAN HERS JUST STAND. CAN HER MOTION -- JUST SAY RESTATE THE MOTION. >>MARTIN SHELBY: YOU CAN DO THAT. JUST A REMINDER, NOT THAT I AM TAKING ANY POSITION OR SUGGESTING ANYTHING. BUT JUST A REMINDER FOR COUNCIL THAT YOU KNOW THAT -- THAT THE MAKER OF THE MOTION -- BY THE MAKING OF THE MOTION INDICATES THAT BY ROBERTS RULES OF ORDER YOU ARE IN FAVOR OF IT AND YOU HAVE TO VOTE AFFIRMATIVELY. A SECONDER CAN VOTE EITHER YAY OR NAY. BUT AS A MAKER OF THE MOTION, INDICATES BY MAKING THE MOTION, YOU ARE BOUND BY ROBERTS RULES OF ORDER. >>ALAN CLENDENIN: I HAVE A LEGAL QUESTION. WE DID THIS. WE GOT THIS CLARIFICATION FROM STAFF. BUT I DID NOT GIVE THE APPLICANT AN OPPORTUNITY BEFORE WE CLOSE TO REBUT WHAT STAFF SAID. I AM CERTAIN THEY ARE NOT GOING TO REBUT IT, BUT JUST TO CLEAN IT UP. >>MARTIN SHELBY: IT IS ALWAYS BETTER. >>ALAN CLENDENIN: A MOTION TO OPEN FROM COUNCIL MEMBER VIERA. SECONDED FROM COUNCIL MEMBER MANISCALCO. ALL IN FAVOR, SAY AYE. OPPOSED. AYE HAVE IT. WOULD YOU LIKE TO REBUT WHAT WAS SAID. >> I PROMISE I DON'T WANT TO TALK. TYLER HUDSON FOR THE RECORD. JUST TO BE CLEAR, THERE IS SOMETHING CALLED A SUBSTANTIAL DEVIATION, AND THAT IS THE SPECIAL USE LANGUAGE WHERE SUB CHANGES ARE REZONING, SUBSTANTIAL DEVIATIONS ARE THE EXACT SAME THING BUT IN SPECIAL USE VOCABULARY. IF YOU HAVE SUBSTANTIAL DEVIATIONS, YOU ARE RIGHT BACK HERE. ANY OF THOSE CONDITIONS THAT WE IMPOSED ON OURSELF THROUGH THE SITE MOON PLAN, IF WE CHANGE THOSE, THOSE WOULD BE A SUBSTANTIAL ALE DEVIATION AND WE ARE RIGHT HERE. I DIDN'T MEAN TO REBUT ANYONE. >>ALAN CLENDENIN: I JUST YOU RECONFIRMED. WHAT WE JUST SAID. >> WE ARE ALL ON THE SAME PAGE. >>ALAN CLENDENIN: YOU WANT TO CLOSE BEFORE YOU TALK. >>CHARLIE MIRANDA: THE RULES ARE THE RULES. WHAT HAPPENS IS IF NO ONE MAKES A MOTION TO READ A MOTION, YOU NEVER VOTE ON IT. SO SOMEBODY HAS GOT TO MAKE THE MOTION. >>ALAN CLENDENIN: WE ALREADY DID. >>CHARLIE MIRANDA: BUT HOWEVER, KNOWING THAT, THE MAKER OF THE MOTION TURNING TO MY RIGHT -- BECAUSE I AM NOT AN ATTORNEY -- ONCE YOU MAKE THE MOTION TO APPROVE, YOU HAVE TO VOTE IN THE AFFIRMATIVE. REST OF THE COUNCIL -- BUT THE MAKER OF THE MOTION. I HAVE BEEN STUCK THERE BEFORE. >>ALAN CLENDENIN: I THINK WE ARE GOOD. >>MARTIN SHELBY: ONLY THING I WOULD LIKE TO ADD, MR. CHAIRMAN -- SORRY, MARTIN SHELBY, CITY COUNCIL ATTORNEY. IT DOESN'T NECESSARILY MEAN YOU ARE BOUND FROM YOUR MOTION. YOU CAN WITHDRAW YOUR MOTION FOR WHATEVER REASON BASED ON COMPETENT, SUBSTANTIAL EVIDENCE IN THE RECORD IN QUASI JUDICIAL HEARING. YOU ARE NOT BOUND TO DO SOMETHING. YOU HAVE THE RIGHT TO WITHDRAW. >>LYNN HURTAK: MOTION TO CLOSE IT AND I WILL READ IT. VIERA STREERZ QUOTE MOSES, LET MY -- >>LUIS VIERA: TO QUOTE MOSES, LET MY PEOPLE GO. CLOSE IT. >>ALAN CLENDENIN: MOTION BY COUNCILWOMAN HURTAK. >>LYNN HURTAK: WE HEARD IT. MOTION TO CLOSE. >>ALAN CLENDENIN: MOTION TO CLOSE FROM COUNCILWOMAN HURTAK. SECONDED FROM COUNCIL MEMBER VIERA. ALL IN FAVOR, SAY AYE. AYE. WOULD YOU LIKE -- YOU READ THIS MOTION. IS IT YOUR INTENTION TO VOTE IN THE AFFIRMATIVE. ARE YOU GOING TO VOTE YES ON THIS? THAT IS WHAT AI SUMD. I WAS LOOKING OVER YOUR SHOULDER. MOTION YOU READ, YOU STAND BY THE MOTION THAT YOU READ? >>NAYA YOUNG: YES. >>ALAN CLENDENIN: A SECOND FROM COUNCILWOMAN HURTAK. VERY GOOD. WE HAVE A MOTION AND WE HAVE A SECOND. PLEASE RECORD YOUR VOTE. >>CLERK: MOTION CARRIED WITH MIRANDA AND MANISCALCO VOTING NO AND CARLSON ABSTAINING. >>ALAN CLENDENIN: VERY GOOD. >>GUIDO MANISCALCO: MR. CHAIRMAN, I AM ABSTAINING FROM ITEM 50 AS WAS STATED PREVIOUSLY. DO I HAVE TO STATE IT AGAIN. >>MARTIN SHELBY: I HAVE A FORM AND I WILL GIVE IT TO YOU -- >>GUIDO MANISCALCO: TWO FORMS. >>MARTIN SHELBY: ABSTAINING FROM -- >>GUIDO MANISCALCO: 50. THE REASON IS THE APPLICANT IS MY FAMILY'S LANDLORD. SEPARATE BUILDING. IT IS NOT ON DAVIS ISLAND BUT STILL. >>MARTIN SHELBY: I WILL HAVE THAT FOR YOU. >>ALAN CLENDENIN: STAFF. >> GOOD AFTERNOON, COUNCIL AND CHAIRMAN, ITEM NUMBER 50 FOR THE PROPERTY LOCATED 218 AND 220 EAST DAVIS BOULEVARD. REQUEST IS FOR ALCOHOLIC BEVERAGE SALES, RESTAURANT CLASSIFICATION FOR BEER, WINE AND LIQUOR FOR CONSUMPTION ON-PREMISE ONLY. SITE PLAN MO MODIFICATIONS REQUIRED BETWEEN FIRST AND SECOND READINGS AND THEY HAVE BEEN PRESENTED TO THE CLERK'S OFFICE AND I AM AVAILABLE FOR ANY QUESTIONS. >>ALAN CLENDENIN: COUNCIL HAVE ANY QUESTIONS. HEARING NONE. APPLI APPLICANT. >> ALEX SCHALER, 400 NORTH ASHLEY DRIVE. I DON'T HAVE ANYTHING FURTHER TO ADD, BUT I WANT TO MAKE ONE QUICK NOTE. THERE WAS A REQUEST FOR US TO ADD A NOTE ON THE SITE PLAN ABOUT WORKING WITH POTENTIALLY INSTALLING THOSE SHADE TREES ALONG THE SIDEWALK AND WE ARE COMMITTING TO INSTALL TYPE 1 TREES 30 FEET ON CENTER ADJACENT TO THE SIDEWALK. THAT'S IT. >>ALAN CLENDENIN: PERFECT. THANK YOU SO MUCH. COUNCIL MEMBER MIRANDA. >>CHARLIE MIRANDA: 220 DAVIS BOULEVARD. DID THAT HAVE AN ALCOHOL LICENSE YEARS AGO? >>ALAN CLENDENIN: GOING TO BE OUTSIDE. >>LYNN HURTAK: REPEALING NOSE CONFLICT IN 2009. >> TYLER HUDSON FOR THE RECORD. THERE ARE TWO. THERE ARE TWO ACTIVE ALCOHOL LICENSES ALREADY. THERE IS A LITTLE GAP IN THE MIDDLE WHERE THERE ISN'T ANY WET ZONING, AND THAT'S WHAT WE ARE SEEKING TO GET APPROVED HERE. TO FILL THE GAP. >>CHARLIE MIRANDA: I REMEMBER GOING THERE MANY TIMES. I DIDN'T DRINK AND THE PEOPLE I WAS WITH DRANK. I WAS DRUNK ON COCA-COLA OR SOMETHING. >>ALAN CLENDENIN: ANY OTHER QUESTIONS? OKAY. ANYONE IN THE PUBLIC WISH TO SPEAK TO THIS ITEM? MY GOODNESS, YOU NEED A F FORKLIFT. >> SCOTT, DO YOU WANT YOUR COMPUTER? >>MARTIN SHELBY: THREE NAMES. AMY ELINOR. YES. PAMELA COLKER. AND ANA MURRAY. THANK YOU. THREE ADDITIONAL MINUTES FOR A TOTAL OF 6. >>ALAN CLENDENIN: START WITH YOUR NAME. YOU HAVE MORE STUFF? YOU ARE BURDENED WITH THOSE FOREVER NOW. START WITH YOUR NAME. >> DEBBIE ZOMERMAAND. 192 CORSICA STREET. I HAVE BEEN SWORN. I'M CHANGING THE ORDER OF MY PRESENTATION -- CAN I HAVE THE SCREEN ON, PLEASE? WITHIN A WEEK OF THE FIRST READING, THIS IS WHAT 220 LOOKED LIKE. THERE WAS NO PERMIT. THERE WAS NO OCCUPANCY USED. I MEAN, THIS IS A BALK KNOLL. THIS IS WHAT WE'RE WORRIED ABOUT. WHAT WE'VE ALREADY SEEN. A POLICE REPORT IN THE RECORD. I GAVE IT TO YOU. THERE WERE OVER A HUNDRED PEOPLE ON THE SITE. YOU CAN READ THE POLICE REPORT. I DON'T WANT TO QUOTE IT UNCORRECTLY. TO SHOW THAT I'M NOT MAKING THIS UP, YOU WERE TOLD THERE WILL NOT BE A BALK KNOLL. THE SITE YOU APPROVED CAN HAVE 435 PEOPLE WITH THE ZONING THAT YOU GAVE IN THAT OUTDOOR AREA STANDING SIDE BY SIDE JUST LIKE THEY ARE AT McDINTON. THERE WILL BE 109 PARKING SPACES WAIVED. THAT'S GOING TO BE VERY, VERY DANGEROUS ON THE ISLAND. THIS SPACE OVER HERE, THEY DID NOT ADEQUATELY TELL YOU WHAT THEY CHANGED BETWEEN FIRST AND SECOND READING. THE 46 PERSONS AND OUTDOOR OCCUPANCY AREA, SORRY I DON'T HAVE READING GLASSES ON, MIGHT BE READING IT INCORRECTLY BUT SOMEONE HAS THE SITE PLAN TO CORRECT ME, THAT HAS CHANGED. THE 247 PERSONS IN THE OUTDOOR AREA, THAT HAS CHANGED. THIS HAS A TOTAL OF 535 PEOPLE THAT CAN BE AT THE 220 AREA. THE 218, 220. IF YOU GO DOWN HERE, IT SAYS IT REQUIRES 72 PARKING SPACES. THEY ARE ASKING YOU TO WAIVE 134 PARKING SPACES. THIS IS GOING TO BE VERY, VERY DANGEROUS FOR OUR COMMUNITY. AND IF YOU GO BACK IN AND YOU LOOK AT WHAT WE HAVE RIGHT NOW, I SUSPECT BETWEEN 220 AND KEY KEY'S OR 218, 220 AND KEY KEY, SLIGHTLY OVER MAYBE 225 PEOPLE. MR. HUDSON CAN CORRECT ME WITH THE CORRECT NUMBER THAT CAN BE ON THAT SITE. YOU ARE GOING TO INCREASE JUST ON THIS SITE ALONE TO 535 PEOPLE PLUS THE 435 ON THE OTHER SITE. THIS IS 950 PEOPLE APPROXIMATELY. WE CAN'T ACCOMMODATE THAT. THAT'S GOING TO BE SO DANGEROUS. THESE CHANGES BETWEEN FIRST AND SECOND READING ARE NOT MINOR REVISIONS. THESE ARE MATERIAL REVISIONS. AND I WOULD SAY THAT THESE REVISIONS ARE NOT AT ALL CONSISTENT WITH YOUR MOTION, AND THEY HAD DENIED THE RESIDENTS THEIR DUE PROCESS TO ACTUALLY COMMENT ON THIS. THIS WAS NOT PUT OUT UNTIL THE WEDNESDAY RIGHT BEFORE THANKSGIVING. WHEN YOU GET BACK TO OUR BACANAL, WE WERE AFRAID OF WORST-CASE SCENARIO. OUR WORST-CASE SCENARIO HAPPENED LESS THAN A WEEK AFTER YOU HAD THE FIRST READING. THIS IS GOING TO HAPPEN OVER AND OVER AGAIN, AND I DON'T EVEN KNOW HOW THE POLICE OR THE CODE ENFORCEMENT ARE GOING TO RESPOND TO THIS, BECAUSE IT'S AT 72 SPACES, BUT YOU WAIVED 130 SPACES. CAN THERE BE -- HOW MANY PEOPLE INSIDE OUTSIDE. YOU'LL HAVE A MESS WITH ENFORCEMENT. CAN I REINFORCE ALSO THAT YOU ARE INCREASING THE PARKING DEFICIT BY 198 PARKING SPACES IN OUR SMALL LITTLE TWO PLOT DOWNTOWN BUSINESS AREA. THIS APPLICANT HAS SITES WHERE THEY CAN PUT SOME PARKING IN THERE. I DON'T UNDERSTAND FOR THE LIFE OF ME WHY THERE WASN'T ANY REQUEST TO HAVE SOME KIND OF PARKING AGREEMENT BETWEEN OTHER SITES LIKE YOU DO ALL OVER THE PLACE. I THINK THIS IS ABSOLUTELY SPECIAL TREATMENT. I HAVE BROUGHT THESE ISSUES UP WITH THE FACT THAT THESE CHANGES WERE MORE THAN MINOR WITH LEGAL COUNSEL AND MANY OF YOUR AIDES. I THINK THAT THIS IS A HUGE DEPARTURE FROM THE CODE. ALSO, IN THE CODE, IT SAYS THAT YOU CANNOT HAVE AN AB SALES APPROVAL ON A PARKING LOT. THIS IS A PARKING LOT. THE PART THAT IS GOING TO GET REZONED IS A PARKING LOT. THE PROCESS THEY NEED TO FOLLOW, IF THEY WANT TO HAVE AB SALES ON THIS AREA IS TO GET SOME KIND OF CHANGE OF USE ON THE SITE. THEY CAN GET IT CHANGED TO WHAT THEY WERE REPRESENTING TO YOU BEFORE, WHICH WAS A SEATING AREA WITH A TREE WHERE GRANDMAS LIKE ME CAN SIT ON A BENCH. THEY CAN GET THAT CHANGED BEFORE THEY GO IN FOR THE ALCOHOLIC BEVERAGE SALE. THEY ARE USING THIS ALCOHOLIC BEVERAGE SALE TO GROSSLY INCREASE THE OCCUPANCY AND WITHOUT ANY PARKING WHATSOEVER. LOOK AT HYDE PARK, COUNCILMAN CLENDENIN, I HAVE SEEN YOU AT MEETINGS AT JAN PARK, AND YOU HAVE HEARD THE RESIDENTS JUST SO UPSET WITH THE IMPACTS ON THE NEIGHBORHOOD. WE ARE GOING TO HEAR THAT. YOU ARE GOING TO HEAR THAT FROM US, BECAUSE THIS IS NOT GOING TO TURN OUT THE WAY THAT YOU ARE EXPECTING IT TO BE. I DON'T UNDERSTAND HOW YOU CAN INCREASE LIKE PROBABLY ALMOST 300 -- SAY, 275 PEOPLE AND NOT GIVE ANY PARKING. IT DOESN'T MAKE ANY SENSE. IT IS GOING TO CREATE A PROBLEM THAT WE'RE GOING TO HAVE TO LIVE WITH FOR A VERY LONG TIME. FURTHERMORE, I OWN PROPERTY WITHIN A THOUSAND SQUARE FOOT OF THIS SITE. WHEN YOU GET THE AGREEMENTS, YOU CAN GO WITHIN A THOUSAND SQUARE FEET. I'M BEING DENIED MY PROTECTIONS BECAUSE THEY SHOULD BE PROVIDING THE PARKING WITHIN A THOUSAND SQUARE FEET. ALL THIS PARKING WILL GO ON THE RESIDENTIAL STREETS. I GAVE YOU A STAFF REPORT THAT SAID IT IS DANGEROUS. THERE HAS BEEN NO COMPETENT, SUBSTANTIAL EVIDENCE PUT INTO THE RECORD. I PLEASE BEG YOU TO READ MY MOTION HELPER AND REVIEW THE DOCUMENTATION THAT I HAVE PUT INTO THE RECORD ON THIS REQUEST. THANK YOU FOR YOUR TIME. I APPRECIATE YOUR CONSIDERATION. THIS IS A VERY SERIOUS ISSUE. THANK YOU. >>ALAN CLENDENIN: THANK YOU VERY MUCH. NEXT SPEAKER. >> CARROLL ANN BENNETT. LAND DEVELOPMENT STAFF AND THE TRANSPORTATION DEPARTMENT BOTH FOUND IT INCONSISTENT. IT VIOLATES THE CODE AND THE DAVIS ISLANDS COMMUNITY PLAN. FROM FIRST TO SECOND READING, THEY CHANGED THEIR OCCUPANCY FROM 243 PERSONS TO 535 PERSONS. THAT IS A RIDICULOUSLY BIG CHANGE. THAT IS NOT APPROPRIATE BETWEEN FIRST AND SECOND HEARING. ALSO, THE STAFF REPORT SAYS 72 PARKING SPACES ARE REQUIRED, BUT THEY NEED A WAIVER FOR 134 SPACES. WHY THE DISCREPANCY? REGARDLESS OF THE DISCREPANCY, THEY WANT ZERO PARKING SPACES, ZERO? WHY WOULD YOU APPROVE THAT. THE APPLICANT OWNS PROPERTY THAT COULD PROVIDE PARKING. THEY ARE CHOOSING NOT TO. WHY WOULD YOU ALLOW THAT? THEY ARE ASKING FOR A WAIVER TO ALLOW ALCOHOL SALES ONLY 31 FEET FROM RESIDENTIAL. THAT'S FROM THAT STEP TO WHERE STEPHANIE POYNOR IS STANDING. 31 FEET. YOU NEED TO PROTECT THE RIGHTS OF THE PEOPLE AND MAKE THE CODE COUNT FOR SOMETHING. IF THE CODE IS WRONG, CHANGE IT. DON'T PULL THE RUG OUT FROM UNDER PEOPLE. THEY ALREADY HAD ONE EVENT -- HERE IS THE PICTURE -- WITH OVER A HUNDRED PEOPLE IN THE STREET, AND THE POLICE HAD TO BE CALLED. YOU HAVE THE POLICE REPORT. THEY ARE ALREADY BREAKING PROMISES A WEEK AFTER FIRST READING, THAT WAS ILLEGAL ALCOHOL CONSUMPTION IN THE PARKING LOT WITHOUT AB APPROVAL OR PERMIT. THAT IS NOT MY DEFINITION OF GOOD NEIGHBORS. THERE WILL BE THREE ALCOHOL VENUES THAT ARE CLOSER TOGETHER THAN THE CODE ALLOWS. WHY WOULD YOU APPROVE THIS? HOW MANY HOURS HAVE CITIZENS SPENT HERE COMPLAINING ABOUT EXCESSIVE WET ZONING? DAVIS ISLANDS RESIDENTS SPENT YEARS WRITING A COMMUNITY PLAN. CITY COUNCIL APPROVED IT. WHY WOULD YOU VIOLATE IT? WHAT IS THE POINT OF WHAT WE DO AS VOLUNTEERS IF YOU ARE JUST GOING TO VOTE YES, WE'RE GOING TO APPROVE YOUR PLAN, BUT WHENEVER WE FEEL LIKE IT, WE'RE GOING TO IGNORE IT. ARE YOU GOING TO RENDER ALL OUR WORK A WASTE OF TIME? WHY SHOULD WE BOTHER IF COUNCIL IS GOING TO RUN OVER US AND NEGATE ALL OUR VOLUNTEER WORK? EXCEPTIONS EXHAUST THE CITIZENS. PEOPLE HAD TO LEAVE TODAY BECAUSE THEY WERE HERE FOR FIVE HOURS AND IT WAS FOR NOTHING. EXCEPTIONS TAKE AWAY CITIZENS' POWER TO MAKE INFORMED DECISIONS ABOUT THEIR LIFE. EXCEPTIONS CAUSE BURNOUT AND PEOPLE WHO WANT TO PARTICIPATE IN GOVERNMENT. WHY ARE YOU DOING THIS? DO YOU HAVE ANY IDEA HOW SMALL THE COMMERCIAL DISTRICT IS IN DAVIS ISLANDS? DO YOU KNOW HOW MANY PROPERTIES HAVE WET ZONING? DO YOU KNOW THE ANSWER TO THAT? IT'S ABOUT TEN. TEN THAT CAN SELL BEER AND WINE. TWO OF THEM ARE OWNED BY THIS APPLICANT AND THEY ARE NOT USING THEM. THEY HAVE THEM SHUTTERED. I KNOW WHAT'S GOING TO HAPPEN. HERE IS A PICTURE OF WHAT'S GOING TO HAPPEN. WHY WOULD YOU APPROVE THIS? THIS IS NUTS. IT'S GOING TO COME BACK TO BITE THE PEOPLE WHO LIVE THERE. >>ALAN CLENDENIN: THANK YOU. NEXT SPEAKER. YOU'LL GET GOOD AT THIS BEFORE IT'S OVER. >> SCOTT DEFRATIES, 410 EAST DAVIS. I CAME BEFORE THE COMMITTEE COUNCIL ON THE 30th AS AN EXPERT IN HEALTH AND WELLNESS. YOU GUYS DISREGARDED THAT AFTER 32 YEARS WORKING AS ER, ALSO ICUs AND EDUCATION AT HCC, TRAINING NEW NURSES AND SUCH. I COME HERE TODAY ALSO PUTTING ON THE HAT OF DAVIS ISLANDS CIVIC ASSOCIATION NEIGHBORHOOD WATCH. I WATCHED AS WHAT WE HAVE ON THE SCREEN RIGHT HERE -- CAN YOU GUYS SEE THAT? WHILE THIS HAPPENED, I WAS THERE AND I SAW ALL THIS HAPPENING. AND THIS WAS SEVEN DAYS AFTER YOU GUYS WERE HERE ON THE 30th. SO IT WAS I BELIEVE THE 5th. AND WE HAVE NEIGHBORS, THIS ISN'T GOING TO BE A RAGING OUTDOOR. YOU CAN SEE WHAT A RAGING OUTDOOR IS. INTENSELY WILD, UNRESTRAINED OFTEN DRUNKEN CELEBRATION PARTY CHARACTERIZED BY EXCESSIVE MERRY MAKING. THIS IS ON OUR ISLAND, GUYS, OUR NEIGHBORHOOD. COUNCILPERSON HURTAK, YOU WERE TALKING ABOUT THE FRONT PORCH AT ONE TIME. THIS IS NOT THE FRONT PORCH. BUT NOW AFTER YOU GUYS APPROVED 340, IT IS A FRONT PORCH. SIX DAYS LATER, 11/5, THIS EVENT WAS HELD. THEY KNEW IT WAS HAPPENING WHEN THEY STOOD UP HERE BEFORE YOU GUYS. THERE IS THAT, AND THERE'S SOME OF THE MERRY MAKING. I'M NOT GOING TO SPEND TOO LONG ON THIS, BUT THIS IS THE ACTUAL POLICE REPORT. YOU CAN SEE THAT THEY SAID THAT THE PERSON HAD A PERMIT, BUT YOU GUYS KNOW THAT THEY DIDN'T BECAUSE IT WAS SENT IN TO YOU. YOU GUYS HAVE THIS DOCUMENT. WE TURNED IT IN TO YOU. THIS IS THE OLD BANK OF AMERICA DIRECTLY ACROSS THE STREET FROM WHERE YOU GUYS DID 340. HE TURNED IT INTO GATED PICKLEBALL COURT. THERE'S ALL YOUR PARKING. THAT'S ALL YOUR PARKING RIGHT THERE. NOW AT 7:00 EVERY MORNING, WE GET TO HEAR WHAT? HAVE YOU GUYS PLAYED PICKLEBALL? THAT'S WHAT WE GET TO HEAR IN THE NICE QUIET NEIGHBORHOOD. IT'S NOT GOING TO BE QUIET ANYMORE. CANARY IN THE COAL MINE, WE'RE WARNING YOU. I'VE SEEN THIS THROUGHOUT THE DAY HERE. IT'S ONE REQUEST AFTER ANOTHER. I AGREE WITH SOME OF THE CITIZENS THAT SAID EARLIER, IF YOU STOP GIVING WAIVERS, IF YOU WANT TO CHANGE THE LAW, CHANGE THE LAW. THIS SHOULD BE DENIED, AND I THANK YOU GUYS FOR ALL THAT YOU DO. I KNOW YOU'RE OVERWHELMED. THANK YOU. >>ALAN CLENDENIN: THANK YOU. YES SIR. >> HELLO AGAIN. BOB ABERGER. I'VE BEEN SWORN. HERE WE GO AGAIN. POST-HELENE DAVIS ISLAND IS UNDER ASSAULT TO MAINTAIN ITS CHARACTER. YOU'VE BEEN ON THE ISLAND. OVER 200 HOMES UNDER CONSTRUCTION. A FLOOD OF WEALTH. NO ONE WITH THEIR EYE ON THE BALL OF WHAT'S HAPPENING IN THE VILLAGE THAT THEY ARE INVESTING IN. SMALL-TOWN CHARACTER THEY ARE INVESTING IN. I BELIEVE THE IMPACT OF THIS REQUEST IS INCONSISTENT WITH WHAT THE MAJORITY OF OUR RESIDENTS DESIRE AND BRINGS ABSOLUTELY NO BENEFIT TO THE VILLAGE. UNFORTUNATELY, WHAT WE JUST APPROVED, I WOULD HAVE LOVED TO HAVE HAD ANOTHER MINUTE TO TRY TO SAVE THE VOTE, EFFECTIVELY, WE VOTED TO REDUCE THE PROPERTY VALUE OF THE ADJACENT RESIDENTIAL PROPERTIES BECAUSE THAT'S THE NET EFFECT. AND WE VOTED TO SET A PRECEDENT TO ALLOW ALCOHOL WITHIN 39 FEET. NOW WE'LL PROBABLY SEE IT AT THE OTHER END OF THE CITY AND PERHAPS ON THE BANK PARCEL BECAUSE THAT PRECEDENT HAS BEEN SET. WHEN IT COMES BACK BEFORE COUNCIL, YOU'LL BE CHALLENGED, HOW CAN YOU DENY ME? YOU ALREADY APPROVED IT. APPROVING THIS WOULD ADD INSULT TO INJURY. WE'VE ALREADY SEEN WHAT I BELIEVE IS A DEMONSTRATION OF THE REAL INTENT OF THIS REQUEST. THE INTENSITY IS BEYOND SCALE. ARGUABLY TO GO FROM THE FIRST SITE PLAN OF 235 TO 535, THAT IS A MATERIAL CHANGE WITHOUT ANY PUBLIC INPUT OR COMMENT. IT OUGHT TO GO BACK TO A FIRST READING, BUT I DON'T WANT YOU TO DO THAT. I WANT YOU TO DENY IT BECAUSE I BELIEVE THIS DEGRADES THE QUALITY OF LIFE AND VALUE OF THE VILLAGE. I BELIEVE IT WILL NEGATIVELY IMPACT THE RESIDENTS ADJACENT TO THIS. THE PAINFUL REALITY IT ALSO SETS PRECEDENT TO IGNORE AND CIRCUMVENT REQUIREMENTS OF OUR CODE. PLEASE GIVE THIS ONE AN ADDITIONAL THOUGHT BEFORE YOU PUSH THE BUTTON AND WE ASK YOU, PLEASE, DENY THIS REQUEST. >>ALAN CLENDENIN: THANK YOU. >> STEPHANIE POYNOR. IT'S BEEN A LONG FRICKIN' DAY. SANDY AND I DID A SITE VISIT THE OTHER DAY. I THOUGHT IT WAS REALLY INTERESTING. I BACKED UP ENOUGH TO GET THE ADDRESS 218 ON HERE. BUT WHAT'S FUNNY IS, ON THE DOOR, THERE WAS A "NO PARKING IN THE VILLAGE ON SATURDAY" SIGN ON IT. BUT LIKE EVERYBODY ELSE, I DON'T UNDERSTAND -- I'M KIND OF BEFUDDLED. NORMALLY I UNDERSTAND WHERE YOU GUYS ARE COMING FROM ON THIS STUFF, BUT THAT IS SCARY. THAT'S HOWARD AVENUE, REPRODUCED. I'M SORRY, BUT I DON'T SEE HOW YOU GUYS VOTED FOR THIS THE FIRST TIME AND VOTED YES ON IT. I UNDERSTAND WE HAVE TO START SOMEWHERE WITH THE PARKING, BUT THIS IS LUNACY. THIS IS NOT GOOD JUDGMENT. YOU ARE MAKING LIFE ON TPD HARD. WE HAVE NINE OFFICERS THAT PATROL ALL OF SOUTH TAMPA AND DAVIS ISLAND AT NIGHT. NOW YOU'RE GOING TO SPLIT THEM FROM BEING IN THE TROUBLE AREAS THAT WE ALREADY HAVE AND PUT THEM IN THIS AREA AS WELL. THIS IS JUST -- AND TWO OF THEM RIGHT TOGETHER ON TOP OF EACH OTHER JUST BEFUDDLES ME. LIKE I SAID, NORMALLY I AGREE WITH YOU GUYS ON JUST ABOUT EVERYTHING YOU DO, BUT THIS ONE AND KIKI'S ARE BOTH -- MY MOUTH, I'M JUST DUMFOUNDED. THE PEOPLE WHO CAME IN HERE AND THOUGHT THIS WAS A GREAT IDEA WERE NOT THE PEOPLE WHO LIVE RIGHT AROUND THERE. I CANNOT IMAGINE -- I MEASURED TODAY DURING LUNCH, SULING HELD THE TAPE MEASURE AND I MEASURED. 31 FEET TO THERE AND 39 FEET TO RIGHT THERE. WHAT IF THAT WAS YOUR BACK DOOR. THE LADY EARLIER SAID, OH, WE GOT IN TROUBLE FOR TOO LOUD OUT HERE. MOM, WHEN YOU ARE DRINKING, YOU ARE TOO DAMN LOUD. I SAID, I KNOW! I'M LOUD ALL THE TIME, BUT I DO GET LOUDER. I LIKE TO DRINK. I'LL BE THE FIRST PERSON TO TELL YOU I LOVE TO HAVE A GOOD OLD-FASHIONED DRINK. WHY ARE WE PUTTING IT SO CLOSE TO HOUSES THAT PEOPLE CAN'T SLEEP AT NIGHT. ANDY McCLOSKEY WAS 150 FEET AWAY AND WE SAW WHAT HE HAD TO DEAL WITH. YOU ALL DON'T DO THIS. IT'S WRONG. IT'S ILLEGAL. YOU CAN'T SERVE ALCOHOL IN A PARKING LOT AND WE HAVE PICTURES OF THEM DOING IT ALREADY. GIVE ME A BREAK. THANK YOU. >>ALAN CLENDENIN: OKAY. REBUTTAL. >>MARTIN SHELBY: BEFORE REBUTTAL, I WANT TO MAKE SURE, ARE THERE ANY QUESTIONS OF COUNCIL TO ANYBODY THAT YOU WANT TO HAVE ANSWERED BEFORE YOU HAVE REBUTTAL? >>ALAN CLENDENIN: I HAVE QUESTIONS FOR APPLICANT. >>MARTIN SHELBY: HAVE YOUR QUESTIONS ANSWERED, PLEASE, BEFORE THE LAST WORD. THE REBUTTAL IS SUPPOSED TO BE THE LAST WORD. >>ALAN CLENDENIN: MY QUESTION IS ABOUT THE OCCUPANCY. >>LYNN HURTAK: I HAVE DIFFERENT QUESTIONS. >>ALAN CLENDENIN: I'M KIND OF CONFUSED, THE 535 TOOK ME BY SURPRISE. WAS THAT PRESENTED IN THE FIRST READING? >> YEAH. THE ISSUE WE TALKED ABOUT, THE OUTDOOR WAITING AREA, AT THE VERY END OF THE PRESENTATION, MS. JOHNSON VELEZ, WE HAVE THIS ON VIDEO, EXPLAINED THAT THE WAIVER WAS -- THE PARKING WAIVER WAS GOING TO INCREASE BECAUSE BY CALCULATING THAT WAITING AREA AS BEING THEORETICALLY MAXIMALLY OCCUPIED WITH PEOPLE, THAT WAS GOING TO COUNT TOWARDS THE PARKING REQUIREMENT -- >>ALAN CLENDENIN: NOT THE PARKING REQUIREMENT. THE ACTUAL OCCUPANCY. >> IT IS THE SAME THING. YOU'RE SAYING THE OUTDOOR WAITING AREA IS GOING TO BE FULLY OCCUPIED. >>ALAN CLENDENIN: 535 ON THE SITE PLAN. >> IF THE OUTDOOR WAITING AREA IS FULL OF PEOPLE, YEAH. THAT IS THE FIRE CODE. THAT IS THE AMOUNT OF PEOPLE THAT CAN FIT AT THE ABSOLUTE MAXIMUM DENSITY IS THAT MANY PEOPLE. >>ALAN CLENDENIN: THAT'S CRAZY. >> WELL, SURE, FAMILIAR -- WHAT IS THE ALTERNATIVE? KEEP IT INCREDIBLY UNSAFE PARKING LOT? THAT'S EXACTLY THE CONDITION WE'RE TRYING TO SOLVE FOR THAT WAS PRETTY ENTHUSIASTICALLY EMBRACED AT THE LAST HEARING. >>ALAN CLENDENIN: I LIKE THAT CONCEPT, MR. HUDSON, ABOUT CREATING AN OUTDOOR SHADED AREA, BUT TO BE ABLE TO HAVE AN OCCUPANCY OF 535, YOU REALLY DO OPEN UP THE CONCERNS THAT THE NEIGHBOR HAS. >> WHAT CAN WE DO? EITHER IT IS PARKING, WHICH NO ONE WANTS. WE CAN'T FILL IT WITH SNAKES AND LAVA, PEOPLE ARE GOING TO STAND THERE. THAT'S ALL WE CAN DO. THIS IS THE CODE YOU ALL HAVE. I RECOGNIZE AND AGREE WITH SOME OF THE OPPONENTS HERE, THE CODE IS TRASH. IT'S OCCUPIABLE SPACE. ZONING ADMINISTRATOR IS HERE. HE CAN EXPLAIN WHY IT IS CALCULATED THAT WAY. >>ALAN CLENDENIN: LET ME PIVOT FROM YOU FOR CITY STAFF NOW. IS THERE A WAY FOR THIS COUNCIL TO RESTRICT OCCUPANCY OR IS IT JUST BASED ON SQUARE FOOTAGE OF THE AREA? >>LEO DEBARDELEBEN: LEO DEBARDELEBEN DEVELOPMENT COORDINATION. YOU CAN CONDITION THIS REQUEST HOWEVER YOU LIKE. >>ALAN CLENDENIN: WE CAN RESTRICT OCCUPANCY OF THE OUTDOOR AREA? >>LEO DEBARDELEBEN: YES. >>ALAN CLENDENIN: COUNCILWOMAN HURTAK. >>LYNN HURTAK: I WANT TO KNOW WHAT YOUR CLIENT WAS THINKING HOLDING AN EVENT LIKE THIS ONE AFTER FIRST READING. WHERE HE CLEARLY DID NOT HAVE A PERMIT BUT LIED TO THE POLICE ABOUT IT. >> I DON'T KNOW WHO WAS INVOLVED. I KNOW THE CLIENT DEALT WITH THE POLICE ON IT. THIS IS SOME RUN CLUB THAT DOES VARIOUS MEET-UPS AROUND TOWN. FROM WHAT I GATHER MOST OF THE RUN GROUP MEMBERS BROUGHT THEIR OWN ALCOHOL TO IT. IT WAS AN APPALLING EVENT THAT HAPPENED FOR SURE. BUT THIS WASN'T PEOPLE JUST BEING -- >>LYNN HURTAK: I'M SORRY, YOU ALL. [ SOUNDING GAVEL ] >> YEAH, THERE'S NO EXPLANATION. THERE'S NO EXCUSE. I THINK THAT THIS PARKING LOT IN ITS CURRENT CONDITION IS SORT OF A DISASTER. WHAT WE ARE TRYING TO DO IS MAKE THIS A NICE TREE-LINED WAITING AREA FOR A NEW IMPROVED RESTAURANT FOR WHICH WE'RE ALREADY DEEP IN THE PERMIT PROCESS. THAT'S WHAT WE'RE TRYING TO DO. THAT'S WHY WE'RE HERE. >>LYNN HURTAK: CLEARLY ON THIS -- AND I CAN HAVE -- >>ALAN CLENDENIN: THE RUN CLUB AD. >>LYNN HURTAK: YEAH, THE RUN CLUB AD. IT SAYS HERE BY 220 EAST RESTAURANT AND WINE BEER, HALF OFF BOTTLES OF WINE, $4 HIGH NOONS, $3 SELECT BEERS, 50% OFF ALL APPETIZERS. THAT PERSON WHO WAS CRUSHING A BEER, IT WASN'T A BEER, IT WAS A HIGH NOON. YOU CAN SEE IT. FOR YOU TO SAY THAT PEOPLE BROUGHT THEIR OWN ALCOHOL, I DON'T BELIEVE IT. >> THAT'S WHAT MY CLIENT TOLD ME, THAT THEY BROUGHT -- >>LYNN HURTAK: CLEARLY. HIGH NOON IS EVEN A SPONSOR OF THIS. WHAT I'M SAYING IS YOUR CLIENT MADE A POOR DECISION AND IT'S GOING TO AFFECT THIS. NOW I CAN'T VOTE FOR THIS BECAUSE I CANNOT BELIEVE IN WHAT YOUR CLIENT IS GOING TO DO. I CANNOT BELIEVE IN IT. IF WE WERE ABLE TO REDUCE THE AMOUNT OF PEOPLE TO SAY 50 OUTSIDE, MAYBE I COULD BE ON BOARD. BUT I'M -- I'M BEYOND SHOCKED. >> SO -- WELL, I HAVE EARS AND EYES. I GUESS WHAT I WOULD ASK COUNCIL TO DO WOULD BE TO -- >>LYNN HURTAK: MS. ZOMERMAAND, YOU HAVE TO STOP TALKING. THANK YOU. [ SOUNDING GAVEL ] >>ALAN CLENDENIN: WHAT YOU ALL DON'T REALIZE, I DON'T KNOW WHAT IT IS ABOUT THE ACOUSTICS IN THIS ROOM. IT IS CRAZY. YOU CAN WHISPER BACK THERE AND WE HEAR IT LOUD AND CLEAR. >> I THINK WHAT I WOULD LIKE TO REQUEST, AGAIN, TRYING TO BE AN ASTUTE OBSERVER OF REALITY AND WHAT I FOUND OUT HAPPENED ABOUT 30 MINUTES AGO, IS TO CONTINUE THIS TO BE A FIRST READING. CLEARLY, YOU ALL ARE GOING TO WANT SOME CHANGES. CONTINUING THIS TO BE A SECOND READING ISN'T REALLY GOING TO DO MUCH. THAT IS A WASTE OF TIME. I'M NOT HERE IN A COUPLE OF DAYS FOR A WHILE. SO I GUESS -- CERTAINLY, IT'S GOING TO REQUIRE THE WAIVER OF THE RULES BECAUSE WE ALREADY OPENED THE PUBLIC HEARING. I THINK THAT IS A WAIVER FOLKS ARE COMFORTABLE WITH. PROBABLY SHOULD DO THAT. I GUESS I WOULD ASK AND MAYBE NEED SOME HELP FROM MR. SHELBY, WOULD BE TO CONTINUE THIS TO BE A FIRST READING HEARING IN JANUARY. CERTAINLY NOT JANUARY 15. >>ALAN CLENDENIN: IF WE WERE TO DENY THIS TONIGHT, WHEN COULD COUNCIL HEAR IT AGAIN? >>MARTIN SHELBY: THAT IS A QUESTION FOR STAFF, A LEGAL QUESTION. BEFORE WE BEGIN, LET ME REVIEW YOUR RULES BECAUSE COUNCIL HAS ADDRESSED THIS. I'M READING NOW FROM RULE 6-J-3. AND THAT SAYS NO REQUEST FOR A CONTINUANCE BY THE APPLICANT, PETITIONER SHALL BE GRANTED AT A QUASI-JUDICIAL HEARING AFTER THE PETITIONER, APPLICANT HAS COMPLETED INITIAL PRESENTATION UNLESS UPON DETERMINATION BY CITY COUNCIL THAT IT IS NECESSARY FOR PROCEDURAL DUE PROCESS. THAT'S YOUR RULES. >> IF I COULD ADD ONE THING, MY CLIENT IS NOT EVEN HERE. THE APPLICANT TENANT IS NOT EVEN HERE. I THINK THAT CHECKS YOUR PROCEDURAL DUE PROCESS BOX. >>MARTIN SHELBY: I WOULD DISAGREE WITH THAT, SIR. THE APPLICANT UNDER THE CODE HAS A DUTY TO BE HERE. >>ALAN CLENDENIN: HOLD ON TYLER. COUNCILMAN VIERA. >>LUIS VIERA: HERE IS AN ARGUMENT FOR THIS, WHICH IS, THERE HAVE BEEN MADE ALLEGATIONS WHICH MR. HUDSON HAS JUST FOUND OUT ABOUT, THAT HE WOULD LIKE TO HAVE FURTHER TIME TO INQUIRE ON. ALLEGATIONS THAT HAVE NOT BEEN SUBSTANTIATED RIGHT? THAT APPEAR TO WEIGH THE VOTES OF TAMPA CITY COUNCIL MEMBERS. TO ME, THAT IS AN ISSUE THAT DOES IMPLICATE A MEASURE OF DUE PROCESS. IT'S NOT A MATTER OF REASONABLE DILIGENCE WOULD HAVE INQUIRED ON THESE MATTERS AND KNOWN THAT THESE ALLEGATIONS WERE OUT THERE. THESE ARE ALLEGATIONS INTRODUCED FOR THE FIRST TIME, IT WOULD APPEAR, DURING PUBLIC COMMENT. I DO THINK THAT IS SOMETHING VERY COMPELLING. WHAT'S BEING REQUESTED HERE IS NOT UNREASONABLE. VERY NARROWLY TAILORED AND GOING BACK TO FIRST READING SO WE GET TWO BITES AT THAT APPLE. >> YEAH, I JUST FOUND THIS OUT. I REALIZE I LOOK LIKE AN IDIOT UP HERE. GO BACK TO FIRST PRINCIPLES AND WHY WE ARE HERE IN THE FIRST PLACE. THIS IS A CATASTROPHICALLY UNSAFE PARKING ENVIRONMENT. PEOPLE, FAMILIES, MOMS AND DADS WHO COULDN'T COME HERE BECAUSE THEY ARE REALLY BUSY AND DON'T HAVE THE LUXURY OF TIME CAME HERE TO ASK YOU TO APPROVE SOMETHING TO GET THE CALLS OFF THIS RUCKS OFF-SITE PARKING LOT AND ONTO THE STREET WHICH, BY THE WAY, THE CITY ASKED TO DO FOUR YEARS AGO AND NOW WE'RE PAYING FOR IT. THERE IS SOMETHING SOLVABLE HERE. IT'S NOT GOING TO HAPPEN NOW. THIS MEETING IS GOING ON INSANELY LONG ENOUGH. I DON'T WANT TO WASTE ANYBODY'S TIME. WHEN YOU DENY SOMETHING, YOU PRESERVE SOMETHING. IF YOU DENY THIS TODAY BECAUSE OF THIS, YOU PRESERVE THIS GROTESQUELY UNSAFE PARKING SITUATION WHICH IS THE REASON WE'RE DOING THIS. WE TRY TO DO THIS WITH A DESIGN EXCEPTION AND DENIED. 40 LETTERS OF SUPPORT AND 1 IN OPPOSITION. I WOULDN'T THROW THE BABY OUT WITH THE BATHWATER. I THINK THAT WOULD BE IMPRUDENT. I DON'T KNOW IF I'M SUPPOSED TO MAKE THE REQUEST OR YOU ALL, BUT I WOULD ASK THAT WE HAVE A FIRST READING FOR THIS IN JANUARY. >>ALAN CLENDENIN: NOTED. BEFORE WE GET TO THE PROCESS, FOR THE RECORD, I WOULD LIKE TO ASK STAFF TO COME UP -- DO YOU HAVE THE DOCUMENTS FROM THE FIRST SITE PLAN THAT WAS SUBMITTED? I WOULD LIKE AN EXPLANATION OF HOW WE GOT FROM THE FIRST SITE PLAN TO THE SECOND SITE PLAN. >> THIS OCCUPANCY ISSUE, YOU'LL KEEP DEALING WITH THIS FOREVER. >>ALAN CLENDENIN: MR. HUDSON, HONESTLY, YOU KNOW I WAS SUPPORTIVE OF THIS CONCEPT, BUT THAT DID SHOCK ME TO SEE THAT OCCUPANCY OF 535. >> MODIFICATIONS REQUIRED. PARKING CALCULATIONS DO NOT ACCOUNT FOR OUTDOOR SPACE. >>ALAN CLENDENIN: I UNDERSTAND. I WAS ASKING STAFF THE QUESTION. >>LEO DEBARDELEBEN: LEO DEBARDELEBEN DEVELOPMENT COORDINATION. I THINK THIS ONE WAS SUBMITTED BUT NOT THE FINAL ONE. >>ALAN CLENDENIN: WE ASKED FOR THE FIRST ONE FROM THE FIRST READING. WHAT WE SAW AT FIRST READING. >>LEO DEBARDELEBEN: I DON'T KNOW IF I HAVE THAT ONE PRINTED OUT. >>ALAN CLENDENIN: WHAT WAS THE COORDINATION BETWEEN THE APPLICANT AND STAFF? >> IT SHOWS THE BUILDING OCCUPANCY AT 243. >>LYNN HURTAK: CAN YOU ZOOM IN A LITTLE BIT AND THEN MOVE IT UP SO WE CAN READ -- CAN YOU ZOOM IT IN AND MOVE IT UP A LITTLE BIT SO WE CAN READ ALL OF THE THINGS? >>ALAN CLENDENIN: BECAUSE IT WAS STILL A PARKING LOT AT THAT POINT, YOU DID NOT HAVE -- THAT AREA INCLUDED IN YOUR OCCUPANCY. >>LEO DEBARDELEBEN: THAT'S CORRECT, MR. CHAIRMAN. IF YOU RECALL WHEN LEGAL STAFF, SUSAN JOHNSON VELEZ, SHE WAS HERE AND EXPLAINED HOW THE BUILDING CODE, THEY COULD HAVE TO DO THE CALCULATIONS THAT WAY, SO THERE WAS SOME -- THERE WAS AN ARBITRARY NUMBER THAT WAS KIND OF THROWN OUT AND SHE SAID IT WOULD -- ULTIMATELY IT WOULD BE WAIVED TO ZERO. >>LYNN HURTAK: AGAIN, THIS WAS THE SITE PLAN THAT WAS SHOWN AT FIRST READING. >>LEO DEBARDELEBEN: YES. >>LYNN HURTAK: AGAIN, HOW DO WE GET FROM OCCUPANCY OF 243 PERSONS TO 500 AND SOME -- 535 -- I WAS GOING TO SAY 538. THAT'S WHAT I'M NOT UNDERSTANDING, HOW WE GOT TO THAT BECAUSE I THOUGHT THIS WAS A SITE PLAN THAT WE WERE VOTING ON. >>LEO DEBARDELEBEN: SO THIS SITE PLAN DIDN'T CALCULATE THE OUTDOOR OCCUPANCY FOR ALCOHOL CONSUMPTION. IT WAS JUST A WAITING AREA AND IT WASN'T -- THAT AREA WASN'T BEING CALCULATED FOR PARKING. THE DISCUSSION DURING FIRST READING WHERE MS. JOHNSON VELEZ SAID IT WOULD BE RECALCULATED AND THAT CHANGE WOULD BE MADE, THAT ADDITIONAL OCCUPANCY WOULD BE ADDED AND THE WAIVER WOULD REFLECT THAT CALCULATION. >>LYNN HURTAK: OKAY. >>ALAN CLENDENIN: I THINK WE NEED TO BRING THIS HOME. COUNCILMAN VIERA MADE A GOOD POINT. >>LYNN HURTAK: I AGREE. I THINK IT SHOULD BE CONTINUED. NO DISAGREEMENT. >>ALAN CLENDENIN: I THINK WE GRANT THE APPLICANT REQUEST TO GO BACK TO FIRST READING. >>LYNN HURTAK: HOWEVER NOW WE NEED TO FIGURE OUT WHAT WE'RE ASKING FOR. >>ALAN CLENDENIN: IS THAT APPROPRIATE? >>LYNN HURTAK: YES. NOW IS THE TIME TO SAY WHAT WE WANT. >>ALAN CLENDENIN: LET'S HAVE THAT DISCUSSION. >>LYNN HURTAK: MR. HUDSON, I CAN TELL THAT YOU ARE NOT HAPPY EITHER BECAUSE YOU DIDN'T KNOW ABOUT THIS. IT'S ON YOUR CLIENT TO COME BACK WITH SOMETHING THAT IS REASONABLE. AND RIGHT NOW, I'M LEANING TOWARD NO ALCOHOL OUTDOORS BECAUSE TO LITERALLY HAVE THE POLICE REPORT IN FRONT OF US WHERE YOUR CLIENT SAID THAT THEY HAD A PERMIT NOT ONLY FOR SOUND BUT FOR ALCOHOL OR WHATEVER IT WAS AND FOR THAT TO BE PATENTLY UNTRUE -- YEAH, PROBLEMATIC IS A VERY NICE WORD FOR IT. >> I DON'T KNOW, AND I DON'T THINK -- IT IS MY CLIENT WHO TALKED TO THE POLICE. WE DON'T OWN THE BUILDING. WE DON'T REALLY OPERATE THE RESTAURANT. WE WANT TO OPERATE THIS NEW RESTAURANT THAT WE'RE TRYING TO GET APPROVAL FOR. THE MISTRUTH CAN SOMETIMES GET HALFWAY AROUND THE WORLD BEFORE THE TRUTH GETS ITS PANTS ON. MARK TWAIN, BLAH, BLAH. CLEARLY THIS WAS A HORRIBLE LAPSE IN JUDGMENT BY SOMEONE. WE DON'T REALLY KNOW EXACTLY WHO THAT WAS. KEEP A LITTLE BIT OF AN OPEN MIND. I DON'T WANT TO ASK YOU ALL QUESTIONS, OF COURSE. WE CAN'T CREATE MORE PARKING. WE HAVE EIGHT SPACES. WE WANT TO MOVE THEM TO THE STREET. THAT'S WHAT THE CITY ASKED US TO DO. MAYBE SOME OPPONENTS WOULD LIKE US TO BUILD A PARKING GARAGE, THE ROOM WOULD BE MORE FILLED IF WE PROPOSED THAT. I KNOW THAT. IF THE PAIN POINT SEEMS TO BE THE NUMBER OF PEOPLE OUTDOORS OR MAYBE I WOULD ASK IF SOMEONE COULD CONFIRM THAT THE PAIN POINT SEEMED TO BE, A, THE NUMBER OF PEOPLE OUTDOORS AND B, THEIR ABILITY TO CONSUME ALCOHOL. THAT'S WHAT I'M HEARING. IF I'M WRONG. >>ALAN CLENDENIN: THAT NUMBER WAS A PAIN POINT FOR ME. I HAVE A CLARIFICATION FROM STAFF. IF THIS WAS DENIED TONIGHT AND THEY SUBSTANTIALLY CHANGED THE APPLICATION, WE COULD WAIVE THE ONE YEAR RULE -- [OATH ADMINISTERED] >>ALAN CLENDENIN: YOU HEARD THAT QUESTION? >>ERIC COTTON: YES, SIR. ERIC COTTON, DEVELOPMENT COORDINATION. SO IN THE CODE FOR WHEN SOMETHING IS DENIED, IT IS A 12-MONTH WAITING PERIOD. THE DECISION ON WHETHER OR NOT TO WAIVE THE 12 MONTHS RESTS WITH ME AS THE ZA. SO IF THEY COME IN AND SUBSTANTIALLY DIFFERENT, THEY MODIFY THE PLAN, THEY REDUCE THE ALCOHOL AREA, THEY DO SOMETHING TO THAT EFFECT, THAT WOULD THEN COME TO ME AND PUT FORTH A NEW SITE PLAN ALONG WITH A NARRATIVE AND THEY EXPLAIN WHY THAT TIME FRAME SHOULD BE WAIVED. I WEIGH IT OUT. IF I WAIVE IT, THEN THEY APPLY FOR A NEW ALCOHOL PERMIT AT THAT POINT. >>ALAN CLENDENIN: DOES THAT INCUR ADDITIONAL FEES OR COSTS TO DO THAT VERSUS DOING THE OTHER WAY AROUND? >> IT DOES COST TIME. SERIOUSLY. HERE'S WHY IT COSTS TIME. IF WE FILE A NEW APPLICATION BECAUSE YOU DENY THIS AND THEY DETERMINE WE CAN COME BACK, FOLKS BEHIND ME, I DON'T KNOW ALL OF THEM, WHAT'S IN THEIR HEARTS, THEY ARE GOING TO APPEAL THAT DECISION. THIS WILL GO ON INDEFINITELY. YOU HAVE A LIVE APPLICATION. I THINK THE MAJORITY OF THE CONTENTS OF WHICH, SOME OF THE CONTENTS ARE THE SAME AS THE ORIGINAL THAT SEEM TO FIND FAVOR AND WE WANT THE CHANCE TO MODIFY THAT. IF YOU DA ENTHIS APPLICATION, WE ARE GOING TO BE IN A PROCEDURAL HELL-SCAPE THAT WILL GO ON FOR YEARS. ALL THE BAD JUDGMENT ASIDE OF WHATEVER THE RUN CLUB THING WAS, THAT WAS THEIR INTENT. THEIR INTENT IS TO USE THESE PROCEDURAL TANGLES TO DELAY THIS TO THE POINT WHERE IT NEVER HAPPENS. I WANT TO BE CLEAR ABOUT THAT. THAT'S WHAT IS HAPPENING HERE. >>ALAN CLENDENIN: WE'RE NOT GETTING INFORMATION FROM THE CROWD OR THE PUBLIC THIS ISSUE. WE'RE TALKING JUST THE COUNCIL ABOUT THE PROCEDURE. THE COUNCIL'S ANGST ABOUT WHAT WE'VE SEEN. THIS IS SOMETHING WE'VE SEEN JUST ON YOUR DOCUMENTS, NOT THE TESTIMONY FROM THE PUBLIC. COUNCILWOMAN HURTAK -- >>LYNN HURTAK: VIERA WAS GOING TO SAY WHAT I WAS GOING TO SAY. LET'S CONTINUE THIS. I DON'T HAVE A PROBLEM. >>LUIS VIERA: A DENIAL WOULD IMPLICATE MAJOR, MAJOR LEGAL ISSUES INVOLVING DUE PROCESS AND ARBITRARY GOVERNMENT ACTIONS THAT DEPRIVE SOMEBODY OF PROPERTY. IF I MAY, I DO A MOTION TO CONTINUE TO JANUARY 29, JANUARY 29 FOR FIRST READING CONSIDERATION. THAT IS MY MOTION. >>LYNN HURTAK: I'M GOING TO ASK TO AMEND YOUR MOTION. I WILL SECOND IT, BUT AMEND IT TO SAY THAT IT NEEDS TO BE RENOTICED. IS THAT OKAY? >> THAT'S FINE. WHAT DATE? >>LYNN HURTAK: 29. THAT IS THE NEXT ALCOHOL. >> THAT'S FINE. I DON'T WANT IT TO BE EARLIER. >>LYNN HURTAK: THAT'S OUR NEXT ALCOHOL. >> I EVEN THOUGHT FEBRUARY, BUT THAT'S FINE. JANUARY 29 IS FINE. >>LYNN HURTAK: I HEAR MS. DOCK. I BELIEVE SHE IS ABOUT TO TELL US THAT JANUARY IS FULL. >>LaCHONE DOCK: GOOD AFTERNOON CHAIRMAN AND COUNCIL. THANK YOU SO MUCH. LaCHONE DOCK, DEVELOPMENT COORDINATION. COUNCIL, IF I MAY, IF WE COULD HAVE SPECIFIC DIRECTION AS TO WHAT THE APPLICANT IS TO WORK ON, OF WHAT THEY CANNOT CHANGE ON THE PLAN. EITHER IT STAYS THE SAME AND COME BACK FOR FIRST READING, WHICH IS PERFECTLY FINE OR THERE ARE SPECIFIC THINGS THAT ONLY -- I KNOW THERE WAS A MENTION OF NO OUTDOOR ALCOHOL. WE JUST NEED SPECIFICS. WE COULD END UP WITH SOMETHING TOTALLY DIFFERENT COMING BACK FOR THE NEXT FIRST READING. WITHOUT THE DIRECTION, WE DON'T KNOW. >>ALAN CLENDENIN: FOR MYSELF, I WOULD LIMIT OCCUPANCY OUTSIDE AND I DON'T KNOW ABOUT THE ALCOHOL INSIDE OR OUTSIDE. I WOULD DEFINITELY LIMIT THE OCCUPANCY OUTSIDE. LET'S DO THE MOTION -- >>MARTIN SHELBY: BEFORE THE MOTION TO CONTINUE, THERE'S BEEN AN ISSUE BROUGHT TO MY ATTENTION. I WANT TO BRING IT TO COUNCIL'S ATTENTION AND SEE WHERE WE GO FROM HERE. IT'S BEEN BROUGHT TO MY ATTENTION THAT THERE WAS SOMEBODY WITHIN THIS ROOM THAT HAS STANDING IN THIS CASE IN THAT THEY ARE WITHIN I BELIEVE LESS THAN 250 FEET FROM WHAT I UNDERSTAND. THAT PERSON WANTS THE RIGHT TO CROSS-EXAMINE MR. HUDSON. AND CROSS-EXAMINATION AT QUASI-JUDICIAL HEARINGS CAN BE ALLOWED. THERE IS A RIGHT. IT IS A DUE PROCESS RIGHT FOR BOTH THE APPLICANT AND PERHAPS THOSE PEOPLE WHO HAVE STANDING. I JUST WANT TO BRING IT TO COUNCIL'S ATTENTION AND SEE WHERE WE GO FROM HERE. >>LYNN HURTAK: MR. SHELBY, WE'RE GOING TO CONTINUE THIS. COULDN'T THAT PERSON -- >>ALAN CLENDENIN: COME TO THE NEXT HEARING. >>LYNN HURTAK: -- COME TO THE NEXT HEARING? >>ALAN CLENDENIN: AND STILL HAVE DUE PROCESS. >>MARTIN SHELBY: WELL, THE PERSON IS HERE NOW. >>LUIS VIERA: HOW IN THE WORLD COULD AN ATTORNEY BE CROSS-EXAMINED? >>MARTIN SHELBY: FAIR QUESTION BECAUSE AN ATTORNEY SHOULDN'T BE TESTIFYING. >>LUIS VIERA: THIS IS OUTLANDISH. PLEASE, FOR THE LOVE THAT IS HOLY AND DECENT, VOTE ON THE MOTION. >>MARTIN SHELBY: THAT HAS BEEN BROUGHT TO COUNCIL'S ATTENTION AND NOW IT'S IN THE RECORD. >>ALAN CLENDENIN: WE HAVE A MOTION FROM COUNCILMAN VIERA. A SECOND FROM COUNCILWOMAN HURTAK TO CONTINUE THIS ITEM TO JANUARY 29, 2026. DISCUSSION. >>LYNN HURTAK: AT 5:01 P.M., 315 EAST KENNEDY BOULEVARD, 33602, THIRD FLOOR. THE ONLY THING I WANTED TO DO, THE MOTION AS MS. DOCK ASKED, THAT WE NEED TO PROVIDE HER. AND IT NEEDS TO BE IN THIS MOTION. >>ALAN CLENDENIN: WE HAVE THE MOTION. WE HAVE THE SECOND. DISCUSSION AND AMENDMENTS, HOWEVER YOU WANT TO DO IT. WHAT DOES COUNCIL WANT TO REQUEST THE APPLICANT COME BACK WITH IN JANUARY? COUNCILMAN VIERA. >>LUIS VIERA: ISN'T THIS SORT OF UP TO THEM IN TERMS OF WHAT THEY WANT TO PRESENT TO US? AM I MISSING SOMETHING? >>ALAN CLENDENIN: MS. DOCK ASKED FOR CLARIFICATION, TOO. >>MARTIN SHELBY: COUNCIL, YES, YOU ARE, BECAUSE ACCORDING TO THE RULES, HE'S ASKING FOR A CONTINUANCE, AND YOUR RULES STATE AFTER HE DOES HIS PRESENTATION AT SECOND READING, HE DOESN'T HAVE THE RIGHT TO ASK FOR A CONTINUANCE. >>LYNN HURTAK: SO WE'RE ASKING FOR A CONTINUANCE BECAUSE -- SO WHAT I EXPECT TO SEE. THIS IS JUST ME. THROW IT OUT AND TALK ABOUT IT. WHAT I WOULD LIKE TO SEE IS THE PARKING SITUATION TO STAY THE SAME, MEANING THAT THEY WILL CHANGE THE PATIO, THEY WILL FINISH THE STRIP PARKING WITH THE TREES, LIKE WE TALKED ABOUT. SO I WOULD LIKE THAT TO BE MAINTAINED. BUT AS FAR AS OCCUPANCY OUTSIDE, WE WOULD LIKE TO SEE IT REDUCED AT LEAST BY HALF. DO WE WANT TO SAY THAT? >>ALAN CLENDENIN: BUILDING OCCUPANCY IS 235. I WOULD SAY 25% OF THE BUILDING OCCUPANCY IS REASONABLE AREA. I THINK 25% OF BUILDING OCCUPANCY FOR A WAITING AREA IS MORE THAN REASONABLE. ANYBODY DISAGREE WITH THAT? >>LUIS VIERA: QUESTION, IF I MAY. ARE THESE PREFERENCES? >>ALAN CLENDENIN: SEE WHAT WE'RE COMFORTABLE WITH. MY UNDERSTANDING FROM LISTENING TO COUNSELOR HUDSON, HE WANTED TO KNOW WHAT THIS COUNCIL WAS COMFORTABLE TO GET TO AN AFFIRMATIVE WHEN HE COMES BACK IN JANUARY. >>LUIS VIERA: SO LONG AS IT IS DONE AS A REQUEST -- >>LYNN HURTAK: IT'S A RECOMMENDATION. ALSO, WE TALKED ABOUT BENCHES BUT NO TABLES. I THINK ALL THAT SHOULD STAY. DO WE HAVE ANY OTHER IDEAS? >>ALAN CLENDENIN: OBVIOUSLY, THE BIGGEST THING THAT JUST STRUCK ME WHEN I SAW THIS WAS 535. THAT DOES SOUND LIKE SOHO. WE DON'T WANT TO HAVE THAT. I WOULD LIKE TO SEE THIS AS A NICE RESTAURANT WITH A WAITING AREA WHERE PEOPLE CAN ENJOY AND WAIT FOR A TABLE, NOT NECESSARILY PARTY OUTSIDE. SOMETHING THAT WOULD BE FITTING FOR DAVIS ISLANDS, SOMEBODY WHO LIVES ON DAVIS ISLANDS. ANYBODY ELSE HAVE INPUT? IS THAT ENOUGH TO GO ON? >> YES, DEFINITELY. THANK YOU. >>ALAN CLENDENIN: WE HAVE A MOTION TO CONTINUE WITH THE ADVICE FROM COUNCILMAN VIERA. SECOND FROM COUNCILWOMAN HURTAK. ALL THOSE IN FAVOR SAY -- OH, HOLD ON. >>MARTIN SHELBY: I DO HAVE A QUESTION. DOES YOUR MOTION ADDRESS THE OCCUPANCY ISSUE AT ALL? >>LYNN HURTAK: YES. >>ALAN CLENDENIN: WE DID IT AS A SUGGESTION TO COME BACK WITH THAT. 25% OF BUILDING OCCUPANCY. >>MARTIN SHELBY: WITH REGARD TO OUTDOOR SALES -- EXCUSE ME, SERVICE OF ALCOHOL, DO YOU HAVE ANY COMMENT ON THAT OR DOES THAT REMAIN THE SAME? >>ALAN CLENDENIN: REMAINS THE SAME. MOTION FROM COUNCILMAN VIERA. A SECOND FROM COUNCILWOMAN HURTAK. ALL THOSE IN FAVOR SAY AYE. OPPOSED? IS THE AYES HAVE IT UNANIMOUSLY. >>THE CLERK: MOTION CARRIED UNANIMOUSLY WITH CARLSON AND MANISCALCO ABSTAINING. >>ALAN CLENDENIN: THANK YOU VERY MUCH FOR ENDURING, AS YOU CAN IMAGINE, THIS COUNCIL IS EXHAUSTED. WE ARE GOING TO TAKE A 15-MINUTE BREAK AND RETURN AT 5:30. [ SOUNDING GAVEL ] []RECESS [ >>ALAN CLENDENIN: CALL COUNCIL BACK TO ORDER. ROLL CALL, PLEASE. >>CHARLIE MIRANDA: HERE. >>GUIDO MANISCALCO: HERE. >>NAYA YOUNG: HERE. >>BILL CARLSON: HERE. >>ALAN CLENDENIN: HERE. >>THE CLERK: WE HAVE A PHYSICAL QUORUM. >>ALAN CLENDENIN: THANK YOU. THANK YOU GUYS FOR YOUR PATIENCE. APPRECIATE IT. WE WERE GETTING A HANGRY CITY COUNCIL. NOBODY WANTS THAT. WE'RE GOING TO MOVE ON TO THE 10:30 A.M. PUBLIC HEARINGS. IF THAT DOESN'T PUT IT IN PERSPECTIVE, I DON'T KNOW WHAT DOES. ITEM NUMBER 51. >> GOOD EVENING, CITY COUNCIL, MR. CHAIR. MY NAME IS VICTOR. I'M AN ENVIRONMENTALIST SPECIAL WITH THE DEPARTMENT OF SOLID WASTE AND PROGRAM MANAGEMENT. ITEM 51 IS THE SECOND AND FINAL HEARING BEFORE CITY COUNCIL FOR PROPOSED BROWNFIELD AREA DESIGNATION FOR PROPERTY CONSISTING OF TWO PARCELS LOCATED IN THE GENERAL VICINITY OF 1921 NORTH 53rd AND 1810 NORTH 57th STREET. BROADWAY HOLDINGS LLC IS REQUESTING THE DESIGNATION OF THESE PROPERTIES AS BROWNFIELD AREA TO ASSESS THE ENVIRONMENTAL IMPACTS THAT MAY EXIST ON THE PROPERTY. DETAILS OUTLINED IN THE DOCUMENT ENTITLED STAFF REPORT, BROADWAY HOLDINGS PROPOSED BROWNFIELD AREA DESIGNATION WHICH IS AVAILABLE FOR PUBLIC REVIEW AT THE CITY CLERK'S OFFICE AND ONLINE ON-BASING. FLORIDA BREELD FOR PRIVATELY INITIATED BROWNFIELD DESIGNATION, APPLICANT HELD A PUBLIC MEETING ON NOVEMBER 3, 2025 AT HILTON GARDEN INN, TAMPA, YBOR HISTORIC DISTRICT. THE PUBLISHED NOTICE OF THAT MEETING IN BOTH AN ETHNIC NEWSPAPER AND NEWSPAPER OF GENERAL CIRCULATION. ADDITIONALLY, THE MEETING TIME AND LOCATION WERE ANNOUNCED BY CITY COUNCIL DURING THE NOVEMBER 16 EVENING MEETING. AT THE CONCLUSION OF THIS HEARING, COUNCIL WOULD HAVE THE OPPORTUNITY TO ADOPT THE RESOLUTION DESIGNATING THE BROWNFIELD HOLDINGS LLC SITE A BROWNFIELD AREA. CITY STAFF DETERMINED THAT THE APPLICANT'S APPLICATION MEETS THE MINIMUM REQUIREMENTS FOR BROWNFIELD DESIGNATION AND RECOMMENDS THAT COUNCIL APPROVE THIS DESIGNATION. LEGAL AND THE APPLICANT'S REPRESENTATIVE AND I ARE AVAILABLE IF YOU HAVE ANY QUESTIONS. >>ALAN CLENDENIN: DOES COUNCIL HAVE ANY QUESTIONS? HEARING NONE, ANYBODY IN THE PUBLIC THAT WISHES TO SPEAK TO ITEM NUMBER 51? CAN I GET A MOTION TO CLOSE? WE HAVE A MOTION TO CLOSE FROM COUNCILMAN MANISCALCO. A SECOND FROM COUNCILMAN VIERA. ALL THOSE IN FAVOR SAY AYE. OPPOSED? >>GUIDO MANISCALCO: MOVE THE RESOLUTION. >>ALAN CLENDENIN: WE HAVE A MOTION FROM COUNCILMAN MANISCALCO AND A SECOND FROM COUNCILMAN VIERA TO MOVE THE RESOLUTION FOR ITEM 51 FOR BROWNFIELD DESIGNATION. ALL IN FAVOR, AYE. OPPOSED? AYES HAVE IT UNANIMOUSLY. THANK YOU VERY MUCH. ITEM NUMBER 53. >>ROSS SAMONS: ROSS SAMONS, DEVELOPMENT COORDINATION, PRESENTING VAC-25-19. SHARE THE ELMO SCREEN. THE APPLICANT IS 4200 EAST 7TH AVENUE LLC. REPRESENTATIVE NAME JOSEPH BRICKLEMYER. PROPERTY ADDRESS IS 4200 EAST 7TH AVENUE. THIS IS A PROPOSED VACATING REQUEST TO VACATE THE ALLEYWAY LYING NORTH OF 7th AVENUE, SOUTH OF 9th AVENUE, EAST OF 42nd STREET AND WEST OF 43rd STREET. THE APPLICATION WAS FILED AUGUST 20 2025. RIGHT-OF-WAY IS PARTIALLY IMPROVED. THIS RIGHT-OF-WAY WAS CREATED BY SUBDIVISION PLAT. EXISTING RIGHT-OF-WAY APPROXIMATELY 2,967 SQUARE FEET. THE REASON FOR THE REQUEST IS ADDRESS ENCROACHMENT OF BUILDING LOCATED AT THE ADDRESS OF THE APPLICATION AT 4200 EAST 7TH AVENUE. THIS IS AN AERIAL VIEW OF THE PROPOSED REQUEST. IN YELLOW IS THE ALLEY. THE REQUEST IS TO BE VACATED PROPERTY IN RED. THIS IS SUBDIVISION PLAT WHICH THE ALLEY WAS CREATED. HERE IN BLOCK THREE. THIS IS THE GENERAL LOCATION OF THE ALLEY LOOKING EAST FROM 42nd STREET. AGAIN, GENERAL LOCATION OF THE ALLEY LOOKING WEST FROM 43rd STREET. STAFF OBJECTS TO THIS VACATING REQUEST, IN PARTICULAR, TRANSPORTATION EASEMENT RESERVATION IS REQUIRED BY TECO. SPECIAL CONDITIONS NATURAL RESOURCES COMPLY WITH CHAPTER 27 AS REGARDS TREE PRESERVATION AND SITE DESIGN FOR ANY IMPROVEMENTS PLACED ADJACENT TO TREES IN A VACATED AREA. THAT CONCLUDES MY PRESENTATION. I'M AVAILABLE IF YOU HAVE ANY QUESTIONS. I WOULD LIKE TO POINT OUT THAT JONATHAN SCOTT IS AVAILABLE VIRTUALLY WITH TRANSPORTATION TO SPEAK ON HIS OBJECTION. >>LYNN HURTAK: I WOULD LIKE TO HEAR FROM HIM. >> JONATHAN SCOTT WITH MOBILITY. I'LL BE BRIEF. I'VE BEEN SWORN. >>ALAN CLENDENIN: HOLD ON ONE SECOND. WE DON'T HAVE YOUR CAMERA ON. THERE YOU ARE. >> JONT SCOTT, MOBILITY. I HAVE BEEN SWORN. I'LL BE BRIEF. THE JO OBJECTION, THE APPLICANT DIDN'T HAVE A GOOD PUBLIC JUSTIFICATION FOR THE VACATING. THEY STATED BUILDING ENCROACHMENT. WE THOUGHT THAT WAS INSUFFICIENT. THE APPLICANT USES THE ALLEY TO GET INTO THE PROPERTY. THEY KIND OF NEED IT. AS FAR AS ANYBODY ELSE USING THE ALLEY, NOBODY ELSE CAN BECAUSE THEY HAVE A GATE ACROSS IT. THEN THE WHOLE COMP PLAN STUFF THAT ENCOURAGES ALLEY USE THAT WAS MAINLY MY OBJECTION. I'LL BE ON STANDBY IF YOU HAVE QUESTIONS FOR ME. >>ALAN CLENDENIN: VERY GOOD. ANY FURTHER QUESTIONS? APPLICANT? >> I APOLOGIZE FOR MY VOICE. MY VOICE BOX IS RECOVERING FROM SURGERY. JOSEPH BRICKLEMYER, WINTER GARDEN FLORIDA. I SENT A MESSAGE BACK TO THE CLERK, A MEMO, ON THE 15th OF NOVEMBER ADDRESSING JONATHAN'S ISSUES. HE'S TECHNICALLY CORRECT, BUT THE REALITY IS THE PROPERTY WAS SOLD IN 1969 UNIMPROVED. SOLD IN 1984 IMPROVED. THE CITY HAS BEEN UNABLE TO PROVIDE ME WHEN THAT BUILDING WENT INTO THAT ALLEY. SOMETIME BETWEEN 1969 AND 1984, THAT BUILDING ENCROACHED IN THE ALLEY AND THERE'S BEEN NO USAGE COMPLAINTS SINCE. WE HAVE NO PROBLEM PROVIDING AN EASEMENT FOR TECO. QUITE HONESTLY, WE HAVE NO PROBLEM WITH HAVING SOME CONSTRAINTS ON THE USE OF THE ALLEY. THIS IS MERELY TO ADDRESS A TITLE ISSUE FOR MY CLIENT WHERE THE BUILDING ENCROACHES IN THE ALLEY. IF I COULD TAKE PART OF THE ALLEY BEHIND THE BUILDING, I WOULD. CAN'T DO THAT PER THE CODE. ANY OTHER QUESTIONS? >>ALAN CLENDENIN: COUNCIL HAVE QUESTIONS? HEARING NONE, ANYBODY IN THE AUDIENCE WHO WISHES TO SPEAK TO THIS VACATION? WE HAVE A MOTION TO CLOSE FROM COUNCILMAN VIERA. A SECOND FROM COUNCILMAN MANISCALCO. ALL THOSE IN FAVOR SAY AYE. OPPOSED? AYES HAVE IT. I HAVE NO IDEA WHERE WE LEFT OFF. WHO WANTS TO READ THIS ONE? >>GUIDO MANISCALCO: I HAVE AN ORDINANCE BEING PRESENTED FOR FIRST READING CONSIDERATION, AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA VACATING CLOSING DISCONTINUING AND ABANDONING THAT ALLEYWAY LOCATED NORTH OF 7th AVENUE, SOUTH OF 9th AVENUE, EAST OF 42nd STREET AND WEST OF 43rd STREET WITHIN THE REVISED MAP OF ENTERPRISE SUBDIVISION, A SUBDIVISION IN THE CITY OF TAMPA, HILLSBOROUGH COUNTY, FLORIDA AS MORE FULLY DESCRIBED IN SECTION 2 HEREOF, SUBJECT TO CERTAIN COVENANTS, CONDITIONS AND RESTRICTIONS AS MORE PARTICULARLY SET FORTH HEREIN, PROVIDING FOR ENFORCEMENT AND PENALTIES FOR VIOLATIONS, PROVIDING FOR DEFINITIONS, INTERPRETATIONS AND REPEALING CONFLICTS, PROVIDING FOR SEVERABILITY, PROVIDING AN EFFECTIVE DATE. >>ALAN CLENDENIN: THANK YOU. WE HAVE A MOTION FROM COUNCILMAN MANISCALCO. WE HAVE A SECOND FROM COUNCILMAN VIERA. ALL THOSE IN FAVOR SAY AYE. OPPOSED? >>LYNN HURTAK: NAY. >>THE CLERK: MOTION CARRIED WITH HURTAK VOTING NO. SECOND READING AND ADOPTION WILL BE HELD ON JANUARY 8, 2026 AT 10:00 A.M. IN CITY COUNCIL CHAMBERS, 315 EAST KENNEDY BOULEVARD, THIRD FLOOR, TAMPA, FLORIDA 33602. >>ALAN CLENDENIN: NOW WE HAVE ITEM NUMBER 55. REVIEW HEARING. ANYBODY THAT'S LEFT IN HERE, IF YOU ARE PLANNING ON SPEAKING TO ANY OF THE ITEMS LEFT, STAND AND RAISE YOUR RIGHT HAND. ANYBODY NOT BEEN SWORN IN? I KNOW YOU'VE BEEN SWORN IN, MS. STEPHANIE. YOU HAVE NOT. RAISE YOUR RIGHT HAND TO BE SWORN IN. [OATH ADMINISTERED] >> GOOD EVENING. CAMARIA PETTIS-MACKLE FROM THE LEGAL DEPARTMENT. ITEM 55 IS A REVIEW HEARING. THIS IS A REVIEW HEARING FOR THE ZONING APPLICATION OF DE 1-25-127 FOR THE PROPERTY LOCATED AT 2805 OLD BAYSHORE WAY. THE PETITIONER FOR THIS MATTER IS WILLIAM HELLER. HE IS AN AGGRIEVED PERSON. THE ORIGINAL REQUEST BY THE APPLICANT WAS TO ALLOW THE EXPOSED FRAMING OF THE FENCE ON THE WEST SIDE OF THE APPLICANT'S PROPERTY THAT FACE THE INTERIOR YARD OF THE NEIGHBORING PROPERTY. STAFF APPROVED THE APPLICATION WITH CONDITIONS ON AUGUST 1st OF 2025. CITY COUNCIL SHOULD HAVE RECEIVED THEIR PACKETS FOR THIS MATTER. IT CONTAINS THE RULES OF PROCEDURE FOR CITY COUNCIL TO USE IN ORDER TO CONDUCT THIS REVIEW HEARING. IT ALSO CONTAINS CODE SECTION 27-61, WHICH GOVERNS YOUR REVIEW HEARING PROCESS. THE SPECIFIC CODE SECTION FOR A DESIGN EXCEPTION IS FOUND IN CODE SECTION 27-60. THE SPECIFIC CODE SECTION REGARDING THE REQUEST FROM THE APPLICANT IS REGARDING -- IS TITLED FENCE AND WALLS. AND THAT'S FOUND IN 27-290.1.3. I ALSO PROVIDED SAMPLE MOTIONS IN THE CODE, OBVIOUSLY. THE SAMPLE MOTIONS, YOU WILL SEE THAT I ALSO INCLUDED THE CRITERIA CITY COUNCIL MUST USE IN DECIDING WHETHER TO AFFIRM OR DENY THIS PETITION. THE STANDARD OF ROW VIEW OUTLINED IN CODE SECTION 27-61 SUBSECTION J-3 IS A DE NOVO STANDARD OF REVIEW. THAT MEANS CITY COUNCIL IS NOT LIMITED TO THE INFORMATION THAT WAS RECEIVED IN THE APPLICATION RECORD. YOU ARE ALLOWED TO TAKE NEW INFORMATION AT THIS HEARING. STAFF PRESENT IS MR. COTTON. HE WILL GIVE AN OVERVIEW OF THE APPLICATION AND THE DECISION OF STAFF. AFTER HEARING ALL THE TESTIMONY AND RECEIVING ALL THE EVIDENCE IN REGARDS TO THIS MATTER, CITY COUNCIL CAN AFFIRM THE DECISION OR YOU CAN DENY THE DECISION. AGAIN, YOUR SAMPLE MOTION GIVES YOU THE TWO ACTIONS THAT CITY COUNCIL CAN TAKE AND IT ALSO PROVIDES THE CRITERIA THAT CITY COUNCIL, THE CODE SAYS SHALL USE THE SPECIFIC CRITERIA IN 27-60 WHEN YOU MAKE YOUR DECISION REGARDING THIS MATTER. AS ALWAYS, I'M AVAILABLE IF YOU HAVE ANY QUESTIONS. >>ALAN CLENDENIN: COUNCIL HAVE ANY QUESTIONS? OKAY. PRESENTATION. >>ERIC COTTON: ERIC COTTON, DEVELOPMENT COORDINATION. AS MS. PETTIS-MACKLE INDICATED, THIS IS FOR PROPERTY, THIS IS FOR 1 -- 25-127 FOR 2805 OLD BAYSHORE WAY. THIRD PARTY DETERMINATION. THAT MEN'S THAT THE APPLICANT IS NOT APPEALING THE DECISION. THE NEIGHBOR WHO WAS AFFECTED -- AFFECTED PARTY IS APPEALING THE DECISION. THE PETITIONER IS WILLIAM HELLER. THE NEXT-DOOR NEIGHBOR. PROPERTY OWNERS ARE WILLIAM BRENT AND SARAH MARIE MARKS DELER -- MAR STELLAR. BASED ON THE FACT -- BASED ON THE EVIDENCE SUBMITTED TO US THAT THE EXISTING FENCE THAT THE NEIGHBOR HAS PROHIBITED THEM FROM PUTTING THE FENCE IN CORRECTLY. I'LL SKIP OVER THIS. THIS IS JUST A MAP OF WHERE WE ARE LOCATED. DO YOU KNOW WHERE BAYSHORE WAY IS, RIGHT OFF OF BAYSHORE BOULEVARD. THIS IS THE SECTION OF THE CODE RELEVANT. 27-290.1-C-3 WHICH STATES THROUGH DESIGN EXCEPTION PROCESS, A FENCE CAN BE REVERSED IF EITHER, A, THE NEIGHBOR SAYS, SURE, YOU CAN REVERSE IT, I DON'T HAVE A PROBLEM HAVING THE NICE SIDE NOT FACING ME. OR THERE IS EITHER SHRUBS, EXISTING FENCE, SOME KIND OF PHYSICAL BARRIER THAT PROHIBITS THEM FROM PUTTING IT UP THE CORRECT WAY. AS MS. PETTIS-MACKLE INDICATED, DESIGN CRITERIA UNDER 27-60 THAT HAS TO BE ADDRESSED THROUGH THE APPLICATION PROCESS. THIS IS THE INFORMATION -- THIS IS COMPLETELY ADMINISTRATIVE. NO NOTICE GIVEN OUT TO THE PROPERTY OWNERS, SURROUNDING PROPERTY OWNERS. THEY REQUESTED THE RESPONSE. THIS IS WHERE THE NEW FENCE WAS BEING PUT IN. HIGHLIGHTED IN RED. PICTURES AGAIN PROVIDED BY THE PROPERTY OWNER WHO -- BY THE ORIGINAL APPLICANT. YOU CAN SEE THIS IS THEIR FENCE. THIS IS THE NEIGHBOR'S FENCE THAT RUNS ALONG THE SIDE OF THE PROPERTY. BASED ON THE EVIDENCE SUBMITTED TO US, TO STAFF, WE LOOKED AT IT AND SAID, YES, IT'S IMPRACTICAL TO PUT THE FENCE IN THE PROPER WAY GIVEN THE EXISTING FENCE WHERE IT IS LOCATED. AND THERE ARE SOME ADDITIONAL PHOTOS THAT WERE PROVIDED. AGAIN, THE CLAIM IS THAT ONCE THE FENCE WAS INSTALLED, THE PROPERTY OWNER THEN CAME IN AND REMOVED THE FENCE THAT WAS THERE. THIS IS A BETTER PICTURE OF THE FENCE. AGAIN, THE NEW FENCE, THIS IS THE APPLICANT -- THE PETITIONER'S EXISTING FENCE. IT'S HARD TO SEE FROM THE PICTURES. THERE IS SHRUBBERY THAT GROWS THERE. YOU CAN'T REALLY SEE THE FENCE ON THIS PICTURE, BUT IT WOULD BE THERE. THAT WAS SUBMITTED. I KNOW IT'S A LITTLE BIT CONFUSING GIVEN THE SITUATION, BUT DO YOU HAVE ANY QUESTIONS THAT YOU WOULD LIKE TO ASK? WHAT WAS APPROVED BY STAFF IS WHERE THE FENCE IS WE APPROVED IT. AND WHERE THE FENCE WAS NOT, WE SAID THE REVERSE FRAMING WAS NOT APPROVED. WE SORT OF SPLIT THE BABY, PROBABLY NOT THE BEST WAY APPROACHING THINGS, BUT SEEMED TO BE THE MOST APPROPRIATE WAY OF DOING IT. THAT'S HOW WE ADDRESSED IT. ANY QUESTIONS FOR ME AT THIS TIME? >>ALAN CLENDENIN: COUNCILWOMAN YOUNG. >>NAYA YOUNG: CAN YOU PUT THE PICTURE BACK UP, PLEASE? >>ERIC COTTON: YES, MA'AM. THE CLOSEST ONE PROBABLY WOULD HAVE BEEN LIKE THIS ONE. >>NAYA YOUNG: YES. IF I'M UNDERSTANDING CORRECTLY, SO THE BEAMS, THE WAY IT'S WRITTEN IN THE CODE SHOULD BE FACING THE OTHER WAY. >>ERIC COTTON: THE NICE SIDE OF THE FENCE IS SUPPOSED TO FACE THE NEIGHBOR. BUT TO DO THAT -- PVC FENCES, REALLY NOT A NICE SIDE TO. WOOD FENCES, THE COLUMNS, TO PUT IN A WOOD FENCE, YOU HAVE TO SCREW THE BOARDS IN FROM THE SIDE, WOULD BE OVER HERE. THE FENCE CONTRACTOR FROM WHAT I WAS TOLD WAS I CAN'T DO IT THAT WAY BECAUSE OF THE EXISTING FENCE. AND THIS IS THE EXISTING FENCE FROM THE NEIGHBOR. >>NAYA YOUNG: THEY COULDN'T PUT THE COLUMNS ON THE OTHER SIDE BECAUSE OF THE FENCE THAT'S ON THIS SIDE? >>ERIC COTTON: CORRECT. EXISTING FENCE. THEY WANT TO PUT THIS FENCE IN, TO PUT THE FENCE IN PROPERLY, THE COLUMNS -- YOU HAVE TO -- THIS WOULD HAVE TO BE MOUNTED ON THE OTHER SIDE, WHICH IS WHERE THE CONTRACTOR SAID HE COULDN'T GET INTO BECAUSE OF THE EXISTING FENCE. BECAUSE THESE BOARDS WOULD NORMALLY BE MOUNTED ON THIS SIDE OF THE FENCE OF THE COLUMNS. INSTEAD OF BEING MOUNTED ON THIS SIDE, THEY WOULD BE MOUNTED ON THAT SIDE. EVER LUCKY ENOUGH NOT PUTTING UP A WOOD FENCE, COUNT YOURSELF FORTUNATE. ANY QUESTIONS, IF NOT, TURN IT OVER TO THE APPLICANT. >> GOOD EVENING. MY NAME IS WILLIAM HELLER. 2807 OLD BAYSHORE WAY. I'M IMMEDIATELY ADJACENT TO THE SUBJECT PROPERTY. I'M HERE TONIGHT -- I KNOW WE COVERED IT BRIEFLY JUST NOW, BUT I'M HERE TO DISCUSS SECTION 27-290.1.3 WHICH PERTAINS TO FENCES AND WALLS AND SPECIFICALLY THAT MATERIAL MUST BE CONSTRUCTED SO THAT THE EXPOSED FRAMING OF EACH SECTION OF THE FENCE FACING THE INTERIOR OF THE YARD, NOT THE EXTERIOR. SO THAT WOULD BE THE CROSS BEAMS THAT YOU SAW ON THE TALL WOODEN FENCE ARE SUPPOSED TO BE FACING THE HOME FROM WHICH IT WAS BUILT AS OPPOSED TO THE EXTERIOR. AGAIN, WE'RE FOCUSING ON 28-05, OLD BAYSHORE WAY, LOT TO OUR IMMEDIATE EAST, OUR IMMEDIATE RIGHT AS WE LOOK AT OUR FRONT DOOR. THE SUBJECTS WERE GRANTED AN EXEMPTION WHICH ALLOWED THE FRAME TO TEMPORARILY FACE OUTWARD DUE TO IT BEING DEEMED IMPRACTICAL AND INFEASIBLE. ARE YOU ABLE TO SEE THAT? OKAY. SO ONCE AGAIN, HERE IS A SURVEY OF THE AREA. WE HAVE NORTH HERE. SOUTH HERE. EAST WEST. THIS WOULD BE THE STREET IN FRONT OF OUR HOME. THIS IS THE FRONT YARD, BACKYARD BACK HERE. THIS YELLOW CIRCLE YOU CAN SEE IS THE SUBJECT FENCE WITH OUR PREVIOUS THREE FOOT TALL PICKET FENCE ON OUR SIDE OF THAT. IT IS ON THE WESTERN-MOST EDGE OF THE PROPERTY LINE ADJACENT TO HIS DRIVEWAY. LEADING UP TO THIS ENCLOSED GARAGE. WHAT YOU MAY HAVE DIFFICULTY SEEING HERE IS ANOTHER GREEN CIRCLE. THAT CIRCLE IS OUR EXISTING FENCE WHICH IS ALSO SIX FEET TALL ON THE SAME EXACT PROPERTY LINE, JUST ON OUR SIDE OF THE PROPERTY THAT WAS BUILT TO CODE. I'M GOING TO GET INTO THAT A LITTLE BIT MORE HERE MOMENTARILY. THIS IS ANOTHER IMAGE OF THE SAME EXACT PROPERTY JUST SO WE'RE CLEAR. ONCE AGAIN, THIS IS MY RESIDENCE. SUBJECT RESIDENCE. SUBJECT FENCE ON THE WEST SIDE OF THE RESIDENCE. AND THIS IS OUR FENCE, EXISTING IN THE BACKYARD BUILT TO CODE. BEFORE I START -- ONE QUESTION I HAD AND I PRESENTED THIS TO THE CITY BUT THEY TOLD ME THEY WOULD NOT ANSWER ME BECAUSE I HAD A HEARING. BUT I ASKED THEM IN THESE CASES WHERE YOU HAVE A FENCE BEING BUILT AND THERE IS AN OBSTRUCTION WITHIN THE VICINITY, I ASKED IS THERE A HARD LINE SET OF PARAMETERS THAT DEFINES THE BUILDING OF THAT FENCE AS BEING FEASIBLE OR INFEASIBLE. MEANING, IS THERE A CERTAIN DISTANCE THAT THE FENCE IS FROM THIS OBSTACLE THAT DEEMS IT INFEASIBLE AND PRACTICAL? AS ANOTHER EXAMPLE, IS THERE A CERTAIN HEIGHT OF THAT OBSTACLE THAT DEEMS IT INFEASIBLE OR PRACTICAL? IMPRACTICAL? HYPOTHETICAL SITUATION, INSPECTOR SHOWS UP WITH A RULER, LOOKS AT IT, MEASURES IT, YEP, THAT FALLS WITHIN THE RANGE. MEASURES THE OBSTACLE, THAT'S LOWER THAN THE RANGE, WE'RE GOOD TO GO. THAT WOULD BE SCENARIO A. AGAIN, THE CITY WOULD NOT ANSWER THIS, SO I'M JUST REPEATING. SCENARIO B WOULD BE THAT IT IS A SUBJECTIVE DECISION THAT'S MADE SOLELY BASED ON THE INFORMATION THAT'S AVAILABLE AT THE TIME OF THAT DECISION. MY OWN RESEARCH IT SOUNDS LIKE THINGS POINT TO SCENARIO B WHERE IT IS A SUBJECTIVE DECISION MADE WITH THE INFORMATION AVAILABLE. MY GOAL HERE TODAY IS TO BRING MORE INFORMATION TO THE TABLE THAT WAS NOT AVAILABLE INITIALLY THAT I THINK COULD HELP POTENTIALLY MAKE A BETTER DECISION, OR THE BEST DECISION. SO STARTING HERE, THIS IS THE TAMPA WEBSITE, THE VARIANCE REVIEW BOARD ARTICLE 2, DIVISION 3 OF CHAPTER 27, IT STATES THE HARDSHIP OR PRACTICAL DIFFICULTY DOES NOT RESULT FROM THE ACTIONS OF THE APPLICANT. A SELF-CREATED HARDSHIP OR PRACTICAL DIFFICULTY SHALL NOT JUSTIFY A VARIANCE. WITH THAT NOTED, WE NOTICED HERE THAT THE SUBJECT LEFT PRETTY SUBSTANTIAL ROOM IN BETWEEN THEIR DRIVEWAY AND THE PROPERTY LINE, WHICH COULD HAVE BEEN COVERED UP BY THIS FENCE, WHICH WOULD HAVE GIVEN THEM MORE ROOM TO OPERATE IN THIS AREA THAT WAS SUPPOSEDLY INFEASIBLE, IMPRACTICAL AND TOUGH TO GET TO. THAT WAS ROUGHLY JUST UNDER TEN INCHES OF ADDITIONAL SPACE IN A SITUATION WHERE EVERY INCH MATTERS. IT'S VERY CLOSE. MOVING ON, AND THIS IS MAYBE WHAT I THINK THE MOST IMPORTANT PIECE OF EVIDENCE OR FACTOR IS, ON OUR SIDE OF THE PROPERTY, ONCE AGAIN, THE SAME EXACT PROPERTY LINE, SAME HEIGHT FENCE, EXTENDING BACK INTO THE BACKYARD WHICH IS JUST A DRAWING BUT I'M GOING TO SHOW ACTUAL PHOTOS, WE HAVE A FENCE THAT WAS BUILT TO CODE, FRAME FACING INWARD, NOT WITH A THREE-FOOT TALL PICKET FENCE ON THE OTHER SIDE BUT WITH A 10-FOOT TALL SOLID GARAGE WALL. THIS WAS DONE SO WE DIDN'T EVEN KNOW IT WAS AN ISSUE. OUR FENCER BUILT IT. WE PAID. WE WALKED OUTSIDE AND IT WAS DONE. NONISSUE. AGAIN, 10-FOOT TALL SOLID WALL VERSUS THREE FOOT TALL PICKET FENCE. QUICKLY, HERE IS AN IMAGE TAKEN FROM OUR BACKYARD JUST FOR PERSPECTIVE. THIS IS THE SUBJECT FENCE WHICH YOU CAN SEE THAT PART FINISHED. I'LL GET TO THAT BRIEFLY AND WE COVERED IT IN THE OPENING. THIS WOULD BE OUR FENCE RIGHT HERE, WHICH AS YOU CAN SEE, I'LL ZOOM IN CLOSER, BUT THE FRAMING IS INWARD DESPITE THIS GARAGE WALL BEHIND IT. WHICH, AGAIN, IS COMPLETELY SOLID AND ROUGHLY TWO AND A HALF TIMES TALLER THAN THEIR REPORTED OBSTACLE. ONCE AGAIN, UP CLOSE, YOU HAVE THE FENCE BUILT TO CODE, FRAME IN WITH A LARGE SOLID WALL BEHIND IT. JUST SOME MORE EXAMPLES OF THIS TO TRY TO GIVE YOU A CLEAR SHOT. THIS ONCE AGAIN IS THE FRAME INTERIOR THAT JUST SHOWS THE HEIGHT OF THE OBSTACLE. ONCE AGAIN, ANOTHER IMAGE OF THE FENCE, FRAME INWARD ACCORDING TO CODE, SOLID WALL BEHIND. ONE OTHER ITEM TO NOTICE, THIS FENCE ISN'T JUST IN THE BACKYARD, LIKE HIDDEN, PER SE, OR ON THE SIDE, HIDDEN, PER SE. IT EXTENDS INTO THE FRONT YARD WHICH NOT ONLY DO WE SEE DAILY, BUT WE HAVE 17 LOTS ON OUR STREET. IT'S A STREET THAT RUNS DEAD EAST TO WEST WITH OUR LOTS BEING ON THE NORTH SIDE. SO 14 OF THE 17 LOTS ARE WEST OF THIS, MEANING ANYTIME IN THE YARD LEAVING, WALKING THEIR DOG, ET CETERA, THEY ARE HAVING TO LOOK AT A FENCE AT LEAST INITIALLY BUILT NOT TO CODE. MOVING ON TO THE EXEMPTION LETTER THAT WAS SENT TO US, JUST A COUPLE OF THINGS FROM THIS. IT WAS JUST KIND OF LIKE A HEAD SCRATCHER. WE SAW AN ERROR IN THE SUBJECT LINE. IT MENTIONED THAT THIS WAS REGARDING INCREASED FENCE HEIGHT, WHICH IT'S NOT. IT'S EXPOSED FRAMING. ON THE NEXT PAGE, THEY MENTIONED OUR FENCE AS FOUR FEET HIGH, WHICH IT'S NOT. IT'S UNDER THAT. ONE INTERESTING PART HERE, WHEN IT MENTIONED THE INFORMATION THAT WAS REVIEWED BY THE STAFF, YOU'VE GOT APPLICATION, CODE OF ORDINANCE, ACCELA, ET CETERA, ET CETERA, ONE THING WE DIDN'T NOTICE THAT WE SAW ON OTHER EXEMPTION LETTERS WAS THERE WAS MENTION OF THE ACCELA SYSTEM BUT ON THIS ONE, THERE'S NO PUBLIC COMMENT ATTACHED THAT WE SAW ON THE OTHER ONES, DESPITE US SUBMITTING ONE. WE SUBMITTED THIS LETTER TO THE ACCELA SYSTEM. THIS IS A LETTER FROM A NEIGHBOR AND AT THE TIME HOA PRESIDENT. CAN YOU SEE THAT? OKAY. THE HOA NEVER APPROVED THE INSTALLATION OF THE MARSTELLAR FENCE IN A MANNER THAT VIOLATED CITY OF TAMPA CODE. IN FACT, NOT ONLY DID MR. MARSTELLAR CONFIRM TO THE BOARD THAT THE FENCE WOULD COMPLY WITH CITY ORDINANCES, BUT I PERSONALLY PROVIDED HIM WITH THE APPLICABLE CODES TO REFERENCE. HE NEVER SOUGHT PERMISSION FROM THE NEIGHBORS TO INSTALL THE FRAMING ON THEIR SIDE NOR DID HE ASK FOR ACCESS TO THEIR PROPERTY TO COMPLETE IT PROPERLY, EVEN THOUGH CLEARLY HAD ENOUGH SPACE AND CLEARANCE TO BE DONE CORRECTLY. THIS WAS NOT AN ISSUE OF FEASIBILITY. IT WAS A WILLFUL CHOICE MOTIVATED BY AESTHETICS AT THE EXPENSE OF HIS NEIGHBORS' RIGHTS AND THE INTEGRITY OF THE COMMUNITY STANDARDS. HERE IS AN E-MAIL FROM HIM HIMSELF TO THE HOA WHERE YOU SEE THIS LINE, WILL FOLLOW ALL CODE AND HOA REQUIREMENTS. ONCE AGAIN, GOING BACK TO THIS IMAGE, YOU CAN SEE HERE, THIS IS THE PORTION THAT WAS MENTIONED EARLIER WHERE THEY HAD TO FIX THIS ONE SECTION. THERE WAS AN EXEMPTION WITH A CONDITION. THIS WAS THE AREA THEY WERE SUPPOSED TO FIX. THE LANGUAGE IN THAT REQUEST WAS THAT THE FRAME NEEDED TO BE FLIPPED AROUND TO FACE INWARD. THAT'S NOT WHAT THEY DID. THEY NAILED BOARDS TO THE EXISTING FRAME WHICH IS STILL FACING US. SO, IN SUMMARY, WE FEEL LIKE WE HAVE A SITUATION WHERE AN EXEMPTION WAS GRANTED BASED ON THE INFORMATION AT THE TIME, BUT WITHOUT THE AVAILABILITY OF INFORMATION INCLUDING THE SUBJECTS CREATING -- EXHIBITING SELF-CREATED HARDSHIP BY PURPOSEFULLY PLACING THE FENCE POST AS CLOSE TO THE PROPERTY LINE AS POSSIBLE DESPITE AMPLE MOVE TO GIVE THEMSELVES MORE ROOM. THAT'S ONE. TWO, AND THIS ONE IS BIG TO US. THE PROOF OF AN EXISTING SIX-FOOT FENCE, SAME HEIGHT AS SUBJECT FENCE, THAT WE BUILT IN THE BACKYARD ACCORDING TO CODE DESPITE A TEN-FOOT TALL SOLID WALL OBSTACLE ON THE OTHER SIDE VERSUS IN THEIR CASE, A THREE-FOOT TALL HIGH PICKET FENCE. THREE, FENCE PROTRUDING INTO THE FRONT YARD FOR THREE-QUARTERS OF OUR RESIDENTS ON THE STREET TO VIEW WHILE AT HOME, WALKING, HANGING OUT IN THE STREET, IN THE YARD, FOUR, THE WRITTEN ERRORS IN THE EXEMPTION LETTER WERE SLIGHTLY TROUBLING ALONG WITH THE OMISSION OF THE PUBLIC COMMENT FROM THE NEIGHBOR. FIVE, JUST THE SUBJECTS NOT FOLLOWING PROCEDURE, NOT REQUESTING THIS EXEMPTION PRIOR TO BUILDING IT FROM NEIGHBORS, FROM THE HOA, NOT FROM THE CITY. THEY JUST WENT AHEAD AND BUILT IT AND ARE NOW DEALING WITH SOME OF THE CIRCUMSTANCES. ONE LAST ITEM, THE SUBJECT FENCE BUILDERS HAVE HAD, WILL HAVE FROM DAY ONE HAVE HAD PERMISSION TO COME ON OUR PROPERTY AND DO THIS FENCE CORRECTLY IF NEEDED. FINALLY AGAIN UNDERSTANDING THIS IS A SUBJECTIVE DECISION, I JUST WANTED TO BRING ALL OF THIS INFORMATION TO THE TABLE TO BE CONSIDERED OR RECONSIDERED TO HELP THE DECISION BE MADE REGARDING THE TRUE FEASIBILITY AND PRACTICALITY OF THE FENCE TO HAVE BEEN BUILT CORRECTLY AND ACCORDING TO CODE. THANK YOU FOR YOUR TIME. >>ALAN CLENDENIN: DOES COUNCIL HAVE ANY QUESTIONS? GOOD PRESENTATION. IS THE PROPERTY OWNER PRESENT? START WITH YOUR NAME. >> WILLIAM MARSTELLAR, 2805 OLD BAYSHORE WAY. REALLY HERE FOR SOME QUESTIONS YOU MAY HAVE. I THINK THE ONE ASSERTION I WANTED TO REALLY OBJECT WAS THIS FENCE WAS INSTALLED WITH FRAMING FACING OUTSIDE FOR AESTHETIC PURPOSES. THAT COULDN'T BE FURTHER FROM FALSE. WE HAD A PROFESSIONAL COMPANY, LAZ FENCING INSTALL THE FENCE ON OUR PROPERTY. WHEN THEY CAME OUT, I NEVER HAD A CONVERSATION WITH HIM PRIOR TO THEM COMING OUT ABOUT THE ORIENTATION OF THE FRAMING. THEY EXPLICITLY EXPLAINED IT WOULD BE INFEASIBLE FOR THEM TO FACE THE PICKETS OUTSIDE WITH NOT ONLY THE THREE FOOT PICKET FENCE THAT WAS THERE, BUT -- ADD ONE THING THAT WASN'T SHOWN. MR. HELLER'S PICTURE OF THIS FENCE HERE, THIS PORTION RIGHT HERE THAT IS NO LONGER THERE. SO AFTER WE HAD OUR FENCE INSTALLED, THE NEXT DAY MR. HELLER REMOVED THAT PORTION OF THE FENCE AND THEN SUBMITTED A CODE VIOLATION FOR THE REVERSE FRAMING. AT THE TIME OF OUR FENCE INSTALL, THIS PORTION RIGHT HERE IS WHAT WAS IN THAT PLACE THAT WAS TAKEN DOWN. NOT ONLY THE THREE FOOT FENCE, BUT THE TEN FOOT SECTION THAT IS EIGHT FEET IS WHAT PROHIBITED OUR CONTRACTOR FROM FACING THE PICKETS OUTSIDE AS WOULD NORMALLY BE DONE. THAT WAS LEFT OUT OF MR. COTTON'S PRESENTATION. I WANT TO MAKE SURE THAT WAS KNOWN. HERE FOR ANY QUESTIONS. >>GUIDO MANISCALCO: EXPLAIN THAT AGAIN. THE PICTURE YOU'RE SHOWING HERE IS AN OLD FENCE THAT WAS ORIGINALLY THERE AND WAS TAKEN DOWN -- RIGHT BEFORE YOU PUT THE NEW FENCE? >> RIGHT AFTER. TWO DAYS AFTER. >>GUIDO MANISCALCO: THEY WERE RIGHT UP AGAINST EACH OTHER? >> YES. THIS PIECE HERE THAT'S EMPTY, AT THE TIME OUR FENCE WAS INSTALLED, THAT FENCE WAS THERE. SO THE DAY AFTER, THAT'S WHAT REALLY PROHIBITED OUR CONTRACTOR FROM INSTALLING THE FRAMING FACING INSIDE. TWO DAYS AFTER THEY REMOVED THAT AND THEN SUBMITTED A CODE VIOLATION FOR REVERSE FRAMING. >>GUIDO MANISCALCO: THIS IS THE FRONT OF THE HOUSE. >> YES, THAT IS THE FRONT. THIS PIECE THAT'S EMPTY RIGHT HERE AT THE TIME OF INSTALL, THIS IS WHAT WAS THERE. SIX TO EIGHT FOOT FENCE, TEN FEET LONG. THAT'S REALLY WHAT PROHIBITED THEM FROM INSTALLING IT. IT WASN'T JUST THE THREE FOOT PICKET FENCE. THAT DIDN'T HELP, BUT TWO DAYS AFTER THEY REMOVED THAT PORTION OF THE FENCE AND THEN SUBMITTED A CODE VIOLATION. THAT WAS LEFT OUT OF MR. COTTON'S PRESENTATION. I WANT TO MAKE SURE YOU'RE AWARE OF THAT. >>ALAN CLENDENIN: COUNCILWOMAN HURTAK. >>LYNN HURTAK: IS THERE A REASON THAT YOU DIDN'T JUST PUT THE FENCE -- LEAVE THAT PHOTO UP. THAT YOU DIDN'T JUST PUT THE FENCE THAT YOU COULDN'T DO ON JUST THAT PORTION AND THEN FLIP IT LIKE MR. COTTON SAID FOR THE REST. >> WE COULD HAVE. THAT WAS THE EXCEPTION. WE DID REPLACE THE PICKETS. WE COVERED UP THAT PORTION THAT IS OPEN. >>LYNN HURTAK: WHAT I'M ASKING, IS THERE A REASON YOU COULDN'T HAVE DONE THAT FOR THE PICKETS? THE SOLID FENCE MIGHT HAVE MADE SENSE TO FACE IT IN, WHERE THE PICKETS WERE, YOU COULD HAVE FLIPPED IT AROUND AND HAD THE FRAMING FACE YOUR HOUSE. >> YEAH. THAT WAS ON MY CONTRACTOR. AGAIN, I GUESS WE COULD HAVE. THAT WAS AFTER THE FACT PART OF THE CONDITION OF THE APPROVAL THAT THAT WAS FIXED. YOU THEORETICALLY COULD HAVE. ARE YOU TALKING ABOUT THE PICKET PIECE? >>LYNN HURTAK: YEAH. YOU COULD EASILY GET BETWEEN PICKETS. >> THEY CONCLUDED THAT IT WAS INFEASIBLE. IT WASN'T MY REQUEST. WHEN THEY CAME OUT TO INSTALL THE FENCE, THAT'S WHAT THEY SAID, THAT THEY WOULDN'T BE ABLE TO INSTALL IT PROPERLY. DIDN'T HAVE ENOUGH ROOM TO INSTALL IT WITH THE PICKETS FACING OUT. >>LYNN HURTAK: THANK YOU. >>CHARLIE MIRANDA: COUPLE OF QUESTIONS OF THE CITY. THE FENCING FROM THE FRONT OF THE HOUSE SET BACK FROM THE CITY LINE TO THE FRONT OF THE HOUSE, YOU CAN PUT A THREE FOOT PICKET FENCE FROM THE FRONT OF THE HOUSE TO YOUR PROPERTY LINE, GIVING THE CITY THE RIGHT-OF-WAY THAT THEY HAVE, AM I CORRECT? >>ERIC COTTON: DEVELOPMENT COORDINATION. SO FROM THE FRONT PROPERTY LINE BACK TO WHATEVER YOUR REQUIRED SETBACK IS, WHETHER 20 OR 25 FEET, YOU CAN DO THREE FEET SOLID OR FOUR FEET PICKET OR CHAIN-LINK OR WHATEVER. AFTER THAT POINT, YOU CAN UP TO SIX FEET. >>CHARLIE MIRANDA: FROM THAT POINT BACK, THE SOLID SIDE OF A WALL, CALL IT SOLID SIDE, THAT'S GOT TO FACE YOUR NEIGHBOR'S SIDE. >>ERIC COTTON: CORRECT. >>CHARLIE MIRANDA: YOUR SIDE, YOU HAVE THE FOUR BY FOUR -- >>ERIC COTTON: CORRECT. >>CHARLIE MIRANDA: HOW WAS THAT DONE HERE? I DON'T UNDERSTAND WHAT THE WHOLE DEAL IS. >>ERIC COTTON: ON THIS SPECIFIC CASE -- >>ALAN CLENDENIN: IF THAT WAS ALL YOU HAD TO -- >> THIS IS A PICTURE OF THE THREE FOOT PICKET FENCE THAT YOU CAN SEE FROM A SPACING STANDPOINT, THAT THEY WOULDN'T HAVE BEEN ABLE TO HAVE THE PICKETS FACING OUTSIDE. THERE WAS NO ROOM TO INSTALL IT THAT WAY. I KNOW YOU ASKED AS FAR AS THE SPACING, HOW MUCH ROOM. THERE WAS INSUFFICIENT ROOM TO DO SO. >>LYNN HURTAK: HE SHOWED A MEASURE THAT SHOWED TEN INCHES. THAT'S PLENTY OF SPACE TO PUT A PANEL. >> I'M NOT A FENCING CONTRACTOR. LAZ FENCING. I HAVE A LETTER STATING THE REASONS WHY THEY DID SUCH. >>ALAN CLENDENIN: WE NEED TO FINISH WITH HIM AND THEN WE NEED TO MOVE TO STAFF. >>CHARLIE MIRANDA: I'LL STOP. I'M SORRY. >>ALAN CLENDENIN: THAT'S OKAY. >> THIS IS A LETTER FROM OUR CONTRACTOR LAZ FENCING JUST STATING WHAT I SAID ON THEIR BEHALF, IF YOU WOULD LIKE TO READ IT. >>ALAN CLENDENIN: DOES ANYBODY ELSE HAVE QUESTIONS FOR THE PROPERTY OWNER? HEARING NONE, THAT CONCLUDES YOUR PORTION. COUNCILMAN MIRANDA, DO YOU HAVE ANY FURTHER QUESTIONS FOR STAFF? >>CHARLIE MIRANDA: I WANT TO MAKE SURE WHAT I SEE IS WHAT I SEE BECAUSE THE FENCE IS BACK. >>ERIC COTTON: YOU'RE CORRECT. NORMALLY THE FINISHED SIDE OF THE FENCE, WHICH IS THE CLEAN SIDE THAT DOESN'T HAVE THE CROSSBARS AND FOUR BY FOURS AND SUCH USUALLY FACES INWARD TO THE PROPERTY. SO WHEN YOU'RE WALKING -- ME AS A NEIGHBOR WOULD LOOK OUT, I WOULD SEE THE FINISH SIDE OF A FENCE. THAT'S HOW IT IS INSTALLED BY CODE. SO YOU CAN SEE THE FOUR BY FOURS, THE CROSSBARS, THOSE USUALLY FACE INTO YOUR OWN PROPERTY WHEN YOU INSTALL A FENCE. >>ALAN CLENDENIN: THERE IS A DISCREPANCY BETWEEN THIS PICTURE AND THE PICTURE THAT THE PROPERTY OWNER SHOWED AS FAR AS THAT GAP BECAUSE THAT'S OBVIOUSLY -- ERIC, CAN YOU LEAVE THAT UP THERE FOR A SECOND? CAN I ASK THE PROPERTY OWNER TO COME BACK UP? SO THIS PICTURE LOOKS VERY DIFFERENT FROM THE ONE YOU SHOWED US. THE GAP THERE. CAN YOU SEE THAT? >> ACTUALLY, THE FIRST PICTURE WASN'T MY PICTURE. THAT WAS SUBMITTED BY MY NEIGHBOR. >>ALAN CLENDENIN: YOU CAN THROW IT ON TOP. >> YOU CAN SEE THE POSTS ARE DETERIORATING AND BENDING IN. MAYBE A DIFFERENT ANGLE. >>ALAN CLENDENIN: THANK YOU. >> THE RED PORTION HERE, WHICH IS EMPTY, THAT'S WHAT WAS THERE BEFORE. >>ALAN CLENDENIN: THANK YOU, SIR. ANY FURTHER QUESTIONS? PUBLIC COMMENT. ANYBODY IN THE AUDIENCE WISHING TO SPEAK TO THIS ITEM? YOU'LL HAVE ANOTHER CHANCE IN A MINUTE. >> CARROLL ANN BENNETT, LIFELONG RESIDENT OF SOUTH TAMPA. I BOUGHT MY FIRST HOUSE 45 YEARS AGO. I CAN'T EVEN TELL YOU HOW MANY FENCES I'VE PUT UP, TAKEN DOWN, REPLACED. I WOULD NEVER THINK OF PUTTING THE FENCE IN THE WRONG WAY. I HAVE ALWAYS WORKED WITH MY NEIGHBORS, MANY, MANY DIFFERENT NEIGHBORS TO MAKE SURE THAT THERE WAS NO ISSUES. WE'VE PUT PRIVACY FENCES RIGHT BACK, SLAP UP AGAINST CHAIN-LINK FENCES. IF THE PICKET FENCE WAS A BARRIER, YOU HAVE TO MOVE THE FENCE A LITTLE OVER ON YOUR PROPERTY. THAT IS HOW YOU ARE A GOOD NEIGHBOR. I ALWAYS WORKED WITH MY NEIGHBORS. I CAN'T TELL YOU HOW MANY FENCES WE PUT IN. WE SPLIT THE COST. WE AGREED ON WHICH SIDE GOES WHICH. I DON'T SEE -- I THINK THE APPLICANT IS CORRECT. THE DESIGN EXCEPTION SHOULD BE OVERTURNED. THANK YOU. >>ALAN CLENDENIN: THANK YOU. NEXT SPEAKER. >> I HAVE TO AGREE. I THINK IT SHOULD BE OVERTURNED. STEPHANIE POYNOR. LIKE THERE IS A REASON FOR THE RULE, AND THIS GUY THINKS THAT HE SHOULD GET AN EXCEPTION TO THE RULE, AND I WONDER HOW MUCH FURTHER IN FRONT OF THE HOUSE IT'S ACTUALLY SUPPOSED TO BE. I DON'T KNOW. JUST ME. BUT WHEN YOU BUILD A BAD FENCE, WHY WOULD YOU DO THAT ANYWAY? SERIOUSLY. IF YOU ARE GOING TO BUILD A FENCE, YOU TALK TO YOUR NEIGHBOR ABOUT IT, HEY, LISTEN, I'M THINKING OF DOING THIS I WANT A LITTLE MORE PRIVACY OR MAYBE I HATE YOUR GUTS SO I'LL PUT IT UP BACKWARDS JUST TO POKE YOU. BECAUSE WHY ELSE -- I MEAN, SERIOUSLY. WHY WOULD YOU DO THAT? I GUARANTEE YOU THE FENCING GUYS DIDN'T DO IT. LIKE CARROLL ANN SAID, SHE'S PUT UP AND TAKEN DOWN FENCES. I'M A PROPERTY MANAGER. DO YOU KNOW HOW MANY FENCES I'VE ENSURED HAVE BEEN INSTALLED PROPERLY? FENCE GUYS, WHETHER THEY SPEAK ENGLISH OR NOT, DO NOT GO AND PUT STUFF UP AGAINST CODE UNLESS SOMEBODY ASKS THEM TO. THE HOA PRESIDENT, WHO I KNOW, SHE TOLD HIM WHAT THE RULES WERE AND STILL DID IT WRONG. HE DIDN'T CARE. WHY IS IT THAT WE'RE HERE AT ALMOST -- AFTER 6:00 AT NIGHT BECAUSE SOMEBODY WAS PETTY AND PUT SOMETHING IN BACKWARDS. THIS IS STRAIGHT UP BAD FENCES BY BAD NEIGHBORS. THANK YOU. >>ALAN CLENDENIN: ANYBODY ELSE IN THE PUBLIC WISHING TO SPEAK TO THIS ITEM? ANYBODY, STAFF, DO YOU HAVE ANYTHING YOU WANT TO ADD TO THE CASE ? NOW WE'RE GOING INTO REBUTTAL. SIR, AGGRIEVED PARTY. >> JUST BRIEFLY. THANK YOU AGAIN FOR LISTING ALL THE FACTS. WILLIAM HELLER. 2807 OLD BAYSHORE WAY. THANK YOU FOR LISTENING TO EVERYTHING. THE ONLY THING I WOULD COUNTER WITH IS THAT LETTER WRITTEN BY THE FENCER, OF COURSE, THEY ARE GOING TO BACK UP THEIR WORK. I THINK THE REALITY IS, LIKE, THAT IS A LETTER. THE REALITY, AS I SHOWED, THAT FENCE CAN BE BUILT CORRECTLY WITH A 10-FOOT TALL SOLID WALL ON THE OTHER SIDE. THE THREE FOOT TALL PICKET FENCE, AS YOU SAW WITH ENOUGH SPACE TO OPERATE, WITH ROOM TO PUT IT CLOSER TO THE DRIVEWAY SHOULD BE AMPLE. THANKS AGAIN FOR YOUR TIME. I APPRECIATE IT. >>ALAN CLENDENIN: THANK YOU VERY MUCH. CAN I GET A MOTION TO CLOSE THE PUBLIC HEARING? WE HAVE A MOTION FROM COUNCILMAN MANISCALCO. A SECOND FROM COUNCILMAN MIRANDA TO CLOSE THE HEARING. ALL THOSE IN FAVOR SAY AYE. OPPOSED? AYES HAVE IT UNANIMOUSLY. COUNCILWOMAN HURTAK. >>LYNN HURTAK: UNLESS ANYBODY ELSE WANTS TO DO IT. I MOVE TO DENY THE APPLICATION FOR DE-1-25-127 FOR THE PROPERTY LOCATED AT 2805 OLD BAYSHORE WAY BECAUSE THE PETITIONER PROVIDED COMPETENT AND SUBSTANTIAL EVIDENCE THAT THE APPLICATION DOES NOT MEET THE CRITERIA IN SECTION 27-60 OF THE CITY OF TAMPA CODE FOR THE FOLLOWING REASONS: THERE WAS PLENTY OF ROOM TO PUT THE FENCE IN CORRECTLY. >>GUIDO MANISCALCO: SECOND. >>LYNN HURTAK: SHORT AND SWEET. IF YOU WANT ME TO DO A LITTLE BIT MORE, I CAN ALSO SAY -- CODE SECTION 27-60, SUBSECTION E, SUBSECTION 5, SUBSECTION A, IT DOES INTERFERE WITH THE RIGHTS OF OTHERS AS PROVIDED IN THIS CHAPTER AND -- >>ALAN CLENDENIN: I THINK THAT'S GOOD. >>LYNN HURTAK: AND SUBSECTION C, IT DOES NOT ACHIEVE THE GENERAL INTENT OF THIS CHAPTER AND THE TAMPA COMPREHENSIVE PLAN. >>ALAN CLENDENIN: MOTION FROM COUNCILWOMAN HURTAK. WE HAVE A SECOND FROM COUNCILMAN MIRANDA. -- SORRY, MANISCALCO. THE OTHER MIRANDA. ROLL CALL. >>GUIDO MANISCALCO: YES. >>LYNN HURTAK: YES. >>NAYA YOUNG: YES. >>LUIS VIERA: YES. >>BILL CARLSON: YES. >>CHARLIE MIRANDA: YES. >>ALAN CLENDENIN: YES. >>THE CLERK: MOTION CARRIED UNANIMOUSLY. >>ALAN CLENDENIN: NOW WE ARE ON ORDINANCE PRESENTED FOR FIRST READING CONSIDERATION, NUMBER 56. >> GOOD EVENING, COUNCIL. EMMA GREGORY, LEGAL DEPARTMENT. WE ARE HERE FOR ITEM NUMBER 56, WHICH IS THE FIRST READING OF AN ORDINANCE THAT WOULD INCREASE THE IMPACT FEE. I BELIEVE BEFORE WE GET INTO THE PRESENTATION OF THE ORDINANCE, THERE WERE SOME QUESTIONS ABOUT SOME COMMUNICATION THAT COUNCIL HAD RECEIVED EARLIER THIS WEEK AND A QUESTION ABOUT PUBLIC COMMENT THIS MORNING. AND WE HAVE KATHERINE TELLES, CITY CONSULTANT FROM THE FIRM OF FEHR AND PEERS TO ADDRESS SOME OF THOSE CONCERNS. >> GOOD EVENING, COUNCIL MEMBERS. KATHRIN TELLEZ, FEHR AND PEERS. HERE TO ADDRESS THE PERSON TRIP FACTOR USED IN THE ANALYSIS. SO THE FACTOR THAT WE USED WAS 1.69, AND THAT SOURCE OF THAT DATA WAS FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION BASED ON A PUBLICATION THAT THEY HAD IN 2022. WITH THAT DATA BEING SLIGHTLY OLDER THAN 2022. THE COMMENT THIS MORNING WAS RELATED TO THE USE OF A FACTOR OF 1.4, WHICH WAS CITED FROM THE HILLSBOROUGH COUNTY MOBILITY FEE. AND THAT FACTOR WAS ACTUALLY TAKEN FROM THE REGIONAL TRAVEL DEMAND MODEL BASED ON DATA THAT WAS PRIOR TO 2015. SO JUST WANTED TO POINT OUT THAT THE FACTOR USED IN OUR STUDY IS THE MOST RECENT INFORMATION. ALSO WANTED TO POINT OUT THAT THIS FACTOR IS USED IN TWO PLACES IN OUR CALCULATIONS. IN THE FIRST PLACE, WE USE IT TO CONVERT THE VEHICLE CAPACITY OF ROADWAYS TO A PERSON TRIP CAPACITY. SO THAT IS THE FIRST PLACE THAT IT'S USED. THEN IT IS ALSO USED IN THE CALCULATIONS TO ESTIMATE THE PERSON MILES OF TRAVEL THAT ARE THEN SUBJECTED TO THAT FEE. SO WE DID A CALCULATION WHERE WE ADJUSTED THAT THE PERSON FACTOR TO 1.4 IN BOTH OF THOSE PLACES AND BASED ON THAT, IF WE USE THE 1.4, THE AVERAGE FEE WOULD DECREASE EVER SO SLIGHTLY BY 0.5%. SO JUST WANTED TO POINT OUT THAT IF WE WERE TO USE THAT DIFFERENT FACTOR, IT WOULD HAVE A PRETTY DE MINIMIS EFFECT ON THE OVERALL FEE SCHEDULE. HAPPY TO ANSWER ANY ADDITIONAL QUESTIONS YOU MIGHT HAVE. >>ALAN CLENDENIN: DOES COUNCIL HAVE ANY QUESTIONS? HEARING NONE. >>EMMA GREGORY: LEGAL DEPARTMENT. JUST A QUICK SUMMARY OF THE MAIN POINTS OF THIS ORDINANCE. IT WILL ADOPT THE NOVEMBER 2025 IMPACT FEE STUDY, WHICH IS COMPLETED BY FEHR AND PEERS AND INCLUDES LOTS OF ADDITIONAL INFORMATION IN THERE, AND IT IS ATTACHED TO THE ORDINANCE. IT MAKES A FINDING OF EXTRAORDINARY CIRCUMSTANCES. MAKES REFERENCE TO THE TWO WORKSHOPS THAT WERE COMPLETED IN SEPTEMBER AND OCTOBER. IT STRIKES SOME OUT-OF-DATE LANGUAGE IN SECTION 25-69. REPLACES EXHIBIT ONE TO CHAPTER 25 THAT IS THE FEE SCHEDULE. SO THAT WILL BE THE OPERATIVE CHANGE. IT WILL PHASE THE FEES IN OVER FOUR YEARS TO THE MAXIMUM INCREASE SUPPORTED BY THE STUDY. AND THE EFFECTIVE DATE OF THE ORDINANCE WOULD BE JUNE 1, IF APPROVED HERE AND AT SECOND READING. THIS ORDINANCE AT SECOND READING MUST BE APPROVED BY A TWO-THIRDS MAJORITY. SO THAT IS JUST SOMETHING FOR COUNCIL TO KEEP IN MIND WHEN CONSIDERING THIS PROPOSED ORDINANCE. AND WE'RE HERE FOR ANY QUESTIONS, BRANDON AND ADAM ARE HERE FROM MOBILITY AS WELL. >>ALAN CLENDENIN: COUNCIL HAVE ANY QUESTIONS? ANYBODY FROM THE PUBLIC WISH TO SPEAK TO THIS ITEM? >> WELL, I THOUGHT I HAD COPIES, BUT I HAVE TEN COPIES OF BLANK PAPER. IT I'M SORRY, COUNCIL. IT'S BEEN A LONG DAY. I DO APPRECIATE YOUR TIME IN GIVING ME THIS. I'VE SENT YOU THIS BY E-MAIL AS WELL. >>ALAN CLENDENIN: WE HAVE IT. >> STEVE MICHELINI. CAN YOU STILL READ THAT? >>ALAN CLENDENIN: YEP. >> THE EXTRAORDINARY CIRCUMSTANCES HAVE REALLY NOT BEEN MET. THERE'S NO BUSINESS IMPACT STATEMENT AT ALL, AND I THINK THAT IS STILL REQUIRED. WHERE IS THE CONNECTION BETWEEN RESIDENCE AND PROPOSED RAILS AND TRAILS AND BIKE LANES? STAFF AND ADMINISTRATIVE COSTS SHOULD BE SPECIFICALLY LIMITED. THEIR STUDY SAYS 15%. THAT SHOULD BE IDENTIFIED IN THERE SO YOU'RE NOT SPENDING MORE THAN 15% ON ADMINISTRATIVE AND STAFF COSTS. AND DESIGN COSTS. THAT'S IN THEIR REPORT. CALCULATIONS REGARDING THE HART. HARTLINE WAS USED IN THERE AND HARTLINE HAS ITS OWN TAXING AUTHORITY. THEY SHOULD NOT BE INCLUDED IN THERE AT ALL AS AN EXPENSE OR AS A CALCULATION TOWARD WHAT IT COSTS. ADUs ARE IDENTIFIED IN THERE AS 500 SQUARE FEET. THEY SHOULD PROBABLY BE AT 750 SO THAT THEY ARE SIMILAR TO OR THEY EQUATE TO WHAT'S IN THE ZONING CODE. LARGER PROJECTS INSTALL THEIR OWN, COMPLETE INFRASTRUCTURE SYSTEMS, INCLUDING STREETS, INTERSECTIONS, SIGNALS THROUGH MITIGATION. WHERE IS THAT ADDRESSED IN THIS? WHERE IS THE CREDIT FOR INFILL OF EXISTING ROADWAYNERS ALREADY THERE, THAT THEY ARE NOT GOING TO BE BUILDING NEW ONES. DEMONSTRATED NEED FOR TRANSPORTATION LINKED TO INCREASED POPULATION. IT'S NOT SHOWN. WHERE IS THE CONNECTION BETWEEN INCREASING THE NUMBER OF BICYCLE LANES AS AN IMPACT OF RESIDENTIAL CONSTRUCTION? NOT SHOWN. REMOVE THE ADOPTION OF VISION ZERO, WHICH IS IN THE REPORT THAT SAYS IT SHOULD BE ADOPTED AND UTILIZED CITYWIDE, THAT SHOULD BE STRICKEN. THE REFERENCE FROM THE CODE AND NOT FULLY VETTED HAS NOT BEEN REVIEWED BY THIS COUNCIL OR ANY OF THE AFFECTED PARTIES. NINE OUT OF TEN OF THE PROPOSED USE OF FUNDS IN THEIR STUDY IS NOT FOR TRANSPORTATION NETWORK IMPROVEMENTS. IT'S FOR BICYCLE LANES AND TRAILS. TAMPA DOES NOT HAVE PLANS FOR DIVIDED HIGHWAYS, AND THAT WAS SHOWN IN THERE, NOR DOES IT HAVE RIGHT-OF-WAY TO ACCOMPLISH THAT. IT IS A SUBURBAN VERSUS RURAL PLAN AND NOT AN URBAN ONE. WHERE IS THE CREDIT FOR EXISTING ROADWAY NETWORKS? REPORT INCLUDES INTERSTATE AND TOLL FACILITIES THAT ARE NOT CITY IMPACT FEES. THE SIZES AND AVERAGE OF RESIDENTIAL STRUCTURES NEEDS TO BE ADJUSTED AND THE USE OF 1500 SQUARE FEET, ALL OF THAT IS INCREASED. THEY DO NOT HAVE CURRENT HOUSING TRENDS. THE CURRENT LANE WIDTHS HAVE BEEN REDUCED BECAUSE THEY ADDED BICYCLE LANES WHICH INCREASES THE LEVEL OF SERVICE TO THE POINT WHERE THEY FAIL. I DON'T BELIEVE THAT THEY HAVE MET THE CRITERIA FOR EXTRAORDINARY CIRCUMSTANCES. IF YOU DON'T PASS THIS, THEY WILL STILL BE ALLOWED TO GO TO 49% WITHOUT THAT. I'M SORRY I WILL NOT BE HERE ON THE 18th TO ARGUE THIS AT SECOND READING, AND I APPRECIATE YOUR CONSIDERATION. >>ALAN CLENDENIN: THANK YOU, MR. MICHELINI. YES MA'AM. >>EMMA GREGORY: LEGAL DEPARTMENT, EMMA GREGORY. CAN I CLARIFY TWO THINGS VERY QUICKLY? >>ALAN CLENDENIN: YES. >>EMMA GREGORY: WE DID SUBMIT A BUSINESS IMPACT ESTIMATE. IT WAS UPLOADED TO OnBase AS PART OF THE AGENDA PACKAGE. REGARDING ADMINISTRATIVE COSTS, THOSE ARE LIMITED TO 2% OF THE FEES COLLECTED BY SECTION 25-72 OF OUR CURRENT CODE. THANK YOU. >>ALAN CLENDENIN: THANK YOU. >>EMMA GREGORY: I WILL ASK THIS FOR YOUR CONSIDERATION BE APPROVED AND SECOND READING BE ON DECEMBER 18. >>BILL CARLSON: I WANT TO ASK YOU, HE MADE A POINT ABOUT, I FORGOT A LARGE PERCENTAGE GOING TO BIKE LANES. CAN YOU ADDRESS THAT? >>EMMA GREGORY: SURE. IF ONE OF MY COLLEAGUES WOULD LIKE TO AS WELL. WE HAVE MULTIMODAL TRANSPORTATION IMPACT FEE. THAT MEANS THAT MODES THAT ADD CAPACITY TO OUR SYSTEM CAN BE FUNDED BY THE FEE. >> CORRECT. ADAM PURCELL TRANSPORTATION SERVICES DIRECTOR. IT'S A MULTIMODAL FEE. WHAT WE CAN SPEND THE MONEY ON WAS ESTABLISHED IN 2014. IT'S BEEN IN PLACE MORE THAN A DECADE. THIS UPDATE TO THE MULTIMODAL IMPACT FEE ISN'T MODIFYING WHAT WE CAN SPEND THE MONEY ON. IT'S JUST UPDATING THE FEES OR THE RATES THAT ARE ASSESSED TO NEW DEVELOPMENT. IT'S YET TO BE DETERMINED HOW MUCH OF THE MONEY COLLECTED WOULD BE SPENT ON BICYCLE LANES. IT DEPENDS ON THE IMPACTS OF THE PROJECT. IT DEPENDS ON THE NEEDS IN THAT ZONE OF THE CITY AT THE TIME THE MONEY IS COLLECTED. WE SHOWED A COUPLE OF EXAMPLES ON THE 20th HOW WE CAN USE IT FOR STOPLIGHTS, HOW WE CAN USE IT FOR LEFT-TURN LANES, USE IT FOR THINGS LIKE THE GREEN ARTERY, HOW WE CAN USE THAT FOR MULTIMODAL PROJECT. MULTIMODAL FEE STRUCTURE ESTABLISHED IN 2014, THIS CAN BE USED FOR BIKE LANES, BUT THE PERCENTAGE THAT CAN BE USED OR WILL BE DEDICATED BIKE LANES IS AT THIS POINT UNDETERMINED. >>BILL CARLSON: I THINK WE OUGHT TO ADD THAT IN AT SECOND READING TO LIMIT IT. I'M IN FAVOR OF BIKE LANES. ONE OF THE VERY FIRST MOTIONS I MADE SEVEN YEARS AGO WAS CREATE A CITYWIDE BICYCLE PLAN. FOR THIS, IF WE ARE GOING TO RAISE FEES, WE HAVE TO ADDRESS PROBLEMS THAT ARE IN THE COMMUNITY. AND THE COMMUNITY IS CRYING VERY LOUDLY THAT THERE ARE TOO MANY POTHOLES, THAT THE ROADS ARE FALLING APART. THEY BELIEVE THAT DEVELOPMENT IS IMPACTING IT. IF IT COMES OUT THAT WE PASSED AN INCREASE IN THIS TO FUND PRIMARILY BIKE LANES, WE'RE GOING TO HAVE A REVOLUTION AGAINST US. I THINK THERE'S SOME KIND OF REASONABLE AMOUNT AS A STANDARD PERCENTAGE OF WHAT YOU WOULD SPEND ON MULTIMODAL BUT I THINK WE OUGHT TO LIMIT IT BECAUSE THE EXPECTATIONS OF THE COMMUNITY WOULD BE THAT WE WOULD FIX BASIC INFRASTRUCTURE. AND THE PROBLEM, I'LL SAY IT WHILE I HAVE THE FLOOR IS THAT WE UNDERINVESTED -- THE CITY HAS UNDERINVESTED IN ROADS FOR 20 OR MORE YEARS, AT LEAST SINCE THE GREAT RECESSION. WE'RE I THINK $2 BILLION BEHIND ON FIXING THE ROADS. WE CAN'T -- THIS DOESN'T ALLOW US TO DIRECTLY GO BACK AND DO THAT, BUT AT LEAST IT HELPS US TO FIX THE PROBLEM GOING FORWARD WITH THE IMPACT OF THE NEW PEOPLE MOVING IN. THANK YOU. >>CHARLIE MIRANDA: I'M GOING TO SAY WE CAN'T LIVE ON YESTERYEARS WITH TODAY'S FUTURE. IT DOESN'T WORK. THE AIRPORT IS THE AIRPORT IN TAMPA BECAUSE IT HAS TRANSPORTATION LIKE NO OTHER PLACE. YOU CAN'T CONTINUE USING THE STREETS. WE HAVE MORE AND MORE TRAFFIC. MORE AND MORE BUSES, AND THE BUS AIN'T GOING TO MAKE IT BECAUSE THERE'S TOO MUCH TRAFFIC. IN THE OLD DAYS, THERE WAS NO TRAFFIC. YOU GOT FROM HERE TO THERE, YOU KNEW YOU WOULD GET THERE ON TIME. NOW YOU DON'T KNOW WHAT WILL HAPPEN. YOU GET ON THE EXPRESSWAY, YEAR LATER, ANOTHER LANE, IT DOESN'T END. IF WE DON'T LEARN NOW WHAT THE AIRPORT HAS DONE AS A COPY OF WHAT THIS CITY AND COUNTRY SHOULD LOOK AT, THAT'S LIGHT RAIL OVERHEAD SO YOU CAN MOVE, THE BIKERS CAN HAVE THEIR BIKE LANES AND THE STREETS WOULD BE MUCH LESS TRAFFIC BECAUSE YOU HAVE RAIL TO MOVE YOU. YOU CANNOT CONTINUE THINKING TODAY ON YESTERDAY'S IDEAS. IT DOES NOT WORK. I'M NOT CRITICIZING EITHER ONE OF YOU. I'M SPEAKING IN GENERAL TERMS. UNLESS WE CHANGE THE SYSTEM UNDER WHAT WE DO AS WE CALL TRANSPORTATION, WE WILL BE COMPLETE FAILURES FOREVER. IT'S NOT GOING TO WORK. IT JUST WON'T WORK. WE NEED SOMETHING. THE AIRPORT IS SHOWING US, WITHOUT TELLING US, HOW DO YOU MOVE 300,000 PEOPLE, HUNDRED THOUSAND PEOPLE A DAY, LEAVE YOUR CAR AND MOVE. JUST EXPAND THAT INTO THE CITY. AND YOU WOULD BE A HIT, A GREAT HIT. BUT WE'RE NOT DOING THAT. WE WANT TO SPEND MONEY ON THE OLD WAY. THE OLD WAY DOESN'T WORK ANYMORE. NOT HERE, NOT ANYWHERE. LOOK AT ANY CITY IN THE UNITED STATES OF AMERICA THAT HAS LIGHT RAIL OVER HEAD AND IT'S MOVING IN THE RIGHT DIRECTION. LOOK AT US, WE'RE AT A STAND-STILL. WE HAVE GREAT IDEAS, BUT THEY DON'T WORK NO MORE. THAT'S JUST MY FEELING. I'M NOT TELLING I'M HUNDRED PERCENT CORRECT. THANK YOU VERY MUCH FOR DOING WHAT YOU DO. >>ALAN CLENDENIN: THANK YOU, COUNCILMAN MIRANDA. COUNCILWOMAN HURTAK. >>LYNN HURTAK: I WOULD HAVE TO RESPECTFULLY DISAGREE WITH COUNCILMAN CARLSON BECAUSE IT'S CLEAR RIGHT NOW THAT WE'RE NOT SPENDING ALL THAT MUCH MONEY ON BIKE LANES. AND WE'RE NOT CHANGING WHAT WE'RE GOING TO SPEND THE MONEY ON. NONE OF THAT HAS CHANGED. AND, QUITE FRANKLY, IT'S OUTDATED TO -- WE KNOW WE CAN'T MOVE PEOPLE BY CARS ANYMORE. WE'RE FULL. WE CAN FIX WHAT WE HAVE, BUT WE THEN DO AS COUNCILMAN MIRANDA SAID, WE'VE GOT TO BE THINKING ABOUT MOVING PEOPLE BY RAIL, BY OTHER WAYS. SO I WOULD JUST -- I COULDN'T SUPPORT SOMETHING THAT LIMITED WHAT WE SPEND ANYWHERE. I THINK IT CHANGES YEAR TO YEAR. SO I WOULDN'T SUPPORT THAT AT ALL. >>ALAN CLENDENIN: ALSO, JUST FOR CLARIFICATION, THE MONEY RAISED, CORRECT ME IF I'M WRONG, CANNOT BE SPENT ON REPAVING. >> CORRECT. CANNOT BE SPENT ON MAINTENANCE. IT NEEDS TO BE SPENT ON NEW CAPACITY. >>BILL CARLSON: I SAID THAT EARLIER AS WELL. I WAS POINTING OUT HOWEVER THAT THE PUBLIC IS UPSET BECAUSE OF A LACK OF INVESTMENT OVER THE YEARS. PERCEPTION IS TOO MUCH MONEY SPENT ON BIKE LANES AND NOT ENOUGH ON FIXING THE ROADS. FIXING THE ROADS IS THE BASE LEVEL. THE REASON WE DON'T HAVE TRANSIT IS BECAUSE THERE HAVE BEEN FIVE FAILED CAMPAIGNS THAT WERE DISASTERS IN THE WAY THEY WERE RUN IN PUSHING THIS. THIS IS NOT GOING TO GENERATE ENOUGH TO CREATE ANY KIND OF RAIL SYSTEM. I HOPE THAT THE AIRPORT FOCUSES ON MAINTAINING THE VIABILITY OF THE AIRPORT AT THE TIME AS THEY ARE PUSHING THINGS OUTSIDE THE AIRPORT. I'M CONCERNED ABOUT THAT. I'M GOING TO GO AHEAD, BECAUSE THE ALLOCATIONS ARE NOT SET, I'LL VOTE NO ON THIS TONIGHT. IF THE ALLOCATIONS ARE SET IN TWO WEEKS, THEN I'LL VOTE YES. I'M IN FAVOR OF THIS, BUT ON THE OFF CHANCE THAT SOME ROGUE ADMINISTRATION TAKES IT AND SPENDS IT ON THINGS THAT THE PUBLIC DOESN'T WANT, I'M NOT IN FAVOR OF THAT. I THINK IF WE'RE GOING TO CHARGE PEOPLE MORE, THE PUBLIC DESERVES TO KNOW WHAT IT WILL BE FOR. I'LL VOTE NO. >>ALAN CLENDENIN: OKAY. ANY FURTHER COMMENTS? MOTION TO CLOSE FROM COUNCILMAN MANISCALCO. SECOND FROM COUNCILMAN VIERA. ALL THOSE IN FAVOR SAY AYE. OPPOSED? THE AYES HAVE IT. WHO WANTS TO READ IT? COUNCILWOMAN HURTAK YOUNG, DO YOU WANT TO READ THIS ONE? >>NAYA YOUNG: FILE NUMBER E2025-8, CHAPTER 25. AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, AMENDING CITY OF TAMPA CODE OF ORDINANCES CHAPTER 25, ARTICLE 1, SECTION 25-69, COMPUTATION OF AMOUNT OF MULTIMODAL TRANSPORTATION IMPACT FEE, REPEALING AND REPLACING CITY OF TAMPA CODE OF ORDINANCES CHAPTER 25, EXHIBIT 1; BY INCREASING THE MULTIMODAL TRANSPORTATION IMPACT FEE; MAKING FINDINGS; ADOPTING AN UPDATED IMPACT FEE STUDY; PROVIDING FOR ADOPTION AND IMPOSITION OF AMENDED MULTIMODAL TRANSPORTATION IMPACT FEES BY REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. >>ALAN CLENDENIN: WE HAVE A MOTION FROM COUNCILWOMAN YOUNG. SECOND FROM COUNCILWOMAN HURTAK. ROLL CALL, PLEASE. >>LYNN HURTAK: YES. >>NAYA YOUNG: YES. >>LUIS VIERA: YES. >>BILL CARLSON: NO. >>CHARLIE MIRANDA: NO. >>GUIDO MANISCALCO: YES. >>ALAN CLENDENIN: YES. >>THE CLERK: MOTION CARRIED WITH CARLSON AND MIRANDA VOTING NO. SECOND READING AND ADOPTION WILL BE HELD ON JANUARY 8, 2026 AT 10:00 A.M. IN CITY COUNCIL CHAMBERS, 315 EAST KENNEDY BOULEVARD, THIRD FLOOR, TAMPA, FLORIDA 33602. >>ALAN CLENDENIN: CORRECT ME IF I'M WRONG, I BELIEVE THE ONLY STAFF REPORT WE HAVE LEFT IS ITEM 63. >> I'M SORRY. I THINK I MISSED IT. WAS THAT SET FOR DECEMBER 18? >>THE CLERK: IT IS FOR DECEMBER 18 2025. SECOND READING AND ADOPTION WILL BE HELD ON DECEMBER 18, 2025, AT 10:00 A.M. >>EMMA GREGORY: THANK YOU VERY MUCH. >>GUIDO MANISCALCO: [INAUDIBLE] >>ALAN CLENDENIN: I WAS SAYING THE ONLY ONE THAT WE NEED STAFF FOR IS 63, CORRECT? SEEMS LIKE IT WAS THREE YEARS AGO THAT WE DID THIS. 63, EVERYBODY CONFIRMS. CAN I GET A MOTION TO MOVE -- >> SO MOVED. >>ALAN CLENDENIN: 58, 59 AND 62. MOTION FROM COUNCILMAN VIERA. A SECOND FROM COUNCILMAN MIRANDA. ALL THOSE IN FAVOR SAY AYE. OPPOSED? AYES HAVE IT. 63. SO GLAD YOU WERE ABLE TO STAY WITH US THIS EVENING, BRANDON. >>BRANDON CAMPBELL: BRANDON CAMPBELL, INTERIM DIRECTOR OF THE MOBILITY DEPARTMENT. HERE TO SPEAK BRIEFLY ON ITEM 63, WHICH WAS THE CONSIDERATION FOR THE REMOVAL OF WHAT WE CALL CONDITION ONE IN THE IN LIEU FEE JUSTIFICATION. THAT IS THE CONDITION WHERE THERE IS A SIDEWALK -- WHERE THERE'S NOT LIKELY TO BE A SIDEWALK TO BE CONNECTED TO DUE TO ONCOMING DEVELOPMENT. I DID WANT TO MENTION THAT WITH THE INCREASE IN THE IN LIEU FEES ENACTED BY YOU ALL EARLIER THIS YEAR, WE HAVE SEEN A SIGNIFICANT DECREASE IN THE NUMBER OF PERMIT APPLICATIONS THAT ARE RELYING ON CONDITION ONE FOR THE SOLE JUSTIFICATION TO CONTRIBUTE TO IN LIEU FEES AS OPPOSED TO BUILDING THE SIDEWALK WITH THE REDEVELOPMENT OF THAT PARCEL. OVER THE LAST COUPLE OF MONTHS, WE'VE SEEN THAT AROUND LIKE TWO PERMITS PER MONTH THAT THAT IS THE CASE FOR, WHERE IT'S CONDITION -- $220 PER LINEAR FOOT. PREVIOUSLY, THE AVERAGE EARLIER THIS YEAR WAS MORE LIKE 18 TO 10 WHEN IT WAS A $29 PER LINEAR FOOT UNIT COST. SO I WANTED TO MENTION THAT WHETHER YOU CHOOSE TO TAKE ACTION ON PURSUING AN ELIMINATION OF THAT JUSTIFICATION, WE ARE SEEING A REDUCTION IN THE NUMBER OF PERMITS THAT THAT IS COMING INTO PLAY FOR. THOUGH IT'S NOT ZERO. THAT SAID, I KNOW EMMA IS HERE IF NEEDED. WE COULD COME BACK TO YOU AT A TIME OF YOUR CHOOSING WITH A PROPOSED ORDINANCE TO MAKE THAT CHANGE BASED ON YOUR DISCUSSION TODAY. >>ALAN CLENDENIN: COUNCILMAN CARLSON. >>BILL CARLSON: WHAT DO YOU RECOMMEND BRANDON? AND THANK YOU FOR STAYING ALL DAY. I KNOW IT'S A LONG DAY FOR ALL OF YOU. >>BRANDON CAMPBELL: BECAUSE THE AMOUNT THAT IS CHARGED FOR IN LIEU FEES NOW IS REFLECTIVE OF OUR COSTS TO BUILD SIDEWALKS, IN THOSE LIMITED CASES WHERE CONDITION ONE IS RELIED UPON FOR THAT SCENARIO, I'M COMFORTABLE THAT WE CAN SELECT PROJECTS THAT ARE MEANINGFUL THAT WE CAN APPLY THAT FUNDING FOR. SO IT REALLY TRULY IS A COIN FLIP FROM MY PERSPECTIVE AS TO WHETHER THAT IS A BETTER THING TO LEAVE WITHIN THE RANGE OF JUSTIFICATIONS OR IF YOU WOULD PREFER THAT WE ADMINISTER THOSE PROJECTS. OF COURSE, THERE IS A LITTLE BIT OF AN ADMINISTRATIVE LIFT FOR US, FOR THOSE PROJECTS, BUT IT COLLECTS FAIRLY SLOWLY OR WE WOULD ANTICIPATE IT CONTINUING TO COLLECT FAIRLY SLOWLY GIVEN THAT IT'S TWO OR THREE PERMITS A MONTH. >>BILL CARLSON: I KNOW IT'S A LOT OF WORK, BUT I THINK IT WOULD BE WORTH HAVING YOU ALL DRAFT THAT, COME BACK IN JANUARY OR FEBRUARY, AND ON A DAY WHEN IT'S NOT SO LATE, AND WE'LL HEAR WHAT THE PUBLIC SAYS ABOUT THE SPECIFICS AT THAT POINT. AT LEAST I'VE HEARD A LOT OF COMPLAINTS ABOUT THIS. AN EXAMPLE WAS GIVEN THIS MORNING OF KIND OF THE EMPTY SPACES AROUND SIDEWALKS. IF YOU GUYS WANT, I CAN MAKE A MOTION OR SOMEBODY ELSE CAN MAKE A MOTION. >>ALAN CLENDENIN: COUNCILMAN MIRANDA AND MANISCALCO. >>CHARLIE MIRANDA: LOOK, WE HAVE A WEEK OR SO NEXT WEEK, I JUST WANT YOU TO GO BY COLUMBUS DRIVE, NOT FAR AWAY, AND MACDILL AVENUE AND HEAD NORTH ON MACDILL AVENUE, BANK IN THE CORNER, HEAD NORTH, FIRST STREET CALLED AILEEN. WHAT YOU'RE GOING TO SEE IS A BRAND-NEW HOUSE THAT'S JUST BEEN BUILT. ABOUT A WEEK OR SO FROM BEING ABLE TO MOVE IN. SIDEWALK FROM AILEEN TO THE NEXT BLOCK. HOWEVER, IT ENDS BECAUSE THERE IS AN OAK TREE ABOUT THIS BIG, SO THE SIDEWALK RUNS INTO AN OAK TREE. I TELL MYSELF WHO IN THE HELL WILL WALK ON THE SIDEWALK WHEN YOU HAVE TO GO BACK OUT TO THE STREET WHEN IT ENDS WITH AN OAK TREE. I DON'T UNDERSTAND IT. IT'S BEYOND ME. THE INTELLIGENCE THAT WE HAVE TO DO THAT. IT ENDS RIGHT THERE. IT ENDS AT AN OAK TREE. WHAT ARE YOU GOING TO DO? CLIMB THE TREE? I DON'T KNOW. I'M NOT AGAINST BUILDING SIDEWALK. I'M TELLING YOU WHAT I SEE. IT'S RUCKS. RIDICULOUS. TELL ME IF I'M RIGHT OR WRONG. WHO WILL BUILD A SIDEWALK THAT ENDS AT AN OAK TREE? YOU WOULD BE IN THE STREET. IF NOT, PRIVATE PROPERTY. >>ALAN CLENDENIN: COUNCILMAN MANISCALCO. >>GUIDO MANISCALCO: I HAVE NOTHING. >>ALAN CLENDENIN: COUNCILWOMAN HURTAK. >>LYNN HURTAK: I ABSOLUTELY WANT YOU TO WRITE THAT ORDINANCE BECAUSE, I MEAN, WE'VE GOT E-MAILS FROM WALK BIKE TAMPA. WE'VE SEEN MULTIPLE, NOT JUST THIS MORNING, WHICH WAS A VERY EGREGIOUS EXAMPLE, BUT WE'VE SEEN EXAMPLES OVER AND OVER THAT THE PUBLIC HAS SHOWN US, THAT WE WOULD HAVE AN ENTIRE STREET WITH SIDEWALKS IF WE JUST HAD THIS PART STRICKEN FROM THE ORDINANCE. IF COUNCILMAN CARLSON WANTS TO MAKE THE MOTION, I WILL GLADLY SECOND IT BECAUSE THIS IS SOMETHING WE NEED TO CLOSE THE LOOPHOLE ON. >>ALAN CLENDENIN: SOMEBODY PICK OUT A DATE. >>BILL CARLSON: I WOULD LIKE TO SAY ON MY STREET, THIS HAS MADE A HUGE DIFFERENCE BECAUSE THE NEW HOUSES THAT HAVE BEEN BUILT HAVE BUILT SIDEWALKS. WE HAD THE SAME THING, WE HAVE TREES, SO WE CAN'T PUT THEM EVERYWHERE. EVEN WHEN I'M WALKING WITH MY SONS, THERE'S SOMEBODY IN A WHEELCHAIR THAT'S GETTING PUSHED DOWN MY STREET IN THE MIDDLE OF THE ROAD. IT'S REALLY DANGEROUS. EVERY CHANCE WE GET, WE POP BACK UP ON THE SIDEWALK AND POP BACK DOWN. EVENTUALLY I HOPE IT WILL ALL CONNECT. EVEN IF IT IS IN FRONT OF ONE OR TWO HOUSES, IT JUST FEELS SAFER TO BE ON THE SIDEWALK THAN THE MIDDLE OF THE ROAD, ESPECIALLY FOR PEOPLE IN WHEELCHAIRS. I WOULD LIKE TO MAKE A MOTION TO ASK STAFF TO COME BACK WITH A DRAFT ORDINANCE FEBRUARY 5. >>ALAN CLENDENIN: WE HAVE A MOTION FROM COUNCILMAN CARLSON. SECOND FROM COUNCILWOMAN HURTAK. ALL THOSE IN FAVOR SAY AYE. OPPOSED? AYES HAVE IT. THAT CONCLUDES OUR BUSINESS FOR THE DAY. >>CHARLIE MIRANDA: NO. >>ALAN CLENDENIN: DON'T SAY NO. >>CHARLIE MIRANDA: I'M DISAPPOINTED. >>ALAN CLENDENIN: WE STILL HAVE NEW BUSINESS. >>CHARLIE MIRANDA: NEW BUSINESS. >>ALAN CLENDENIN: ARE THERE ANY PUSSYCATS YOU NEED TO GIVE A COMMENDATION TO? COUNCILMAN CARLSON, ANY NEW BUSINESS? >>BILL CARLSON: THERE WAS A REQUEST TO START AT THAT SIDE. >>ALAN CLENDENIN: WE'LL START AT THIS SIDE. >>CHARLIE MIRANDA: AS YOU KNOW, I'VE MISSED A COUPLE OF MEETINGS HERE LATELY. THE PROBLEM WAS, YOU GO SEE A DOCTOR, THAT MOMENT, THAT TIME, IT'S EITHER YOU FEEL VERY GOOD OR YOU PASS A PHYSICAL AND EVERYTHING LOOKS FINE. BUT TEN MINUTES LATER YOU MAY NOT BE FINE. AND THIS IS WHAT SAVED MY LIFE. BECAUSE I HAD THIS IN MY DRAWER. I KEPT FEELING TIRED AND WORN OUT, WANTING TO GO TO SLEEP AT 5:00, 6:00 IN THE EVENING. COMPLETELY WORE OUT. NOT ME. I FOUND THIS IN MY DESK AND PUT IT IN. WHEN I DID IT, OXYGEN METER. MY OXYGEN WAS 96, HEART RATE WAS 32. I SAID, HUH. I THOUGHT IT WAS THIS. BOUGHT ME ANOTHER ONE, PUT IT IN. 32 AGAIN. BY COINCIDENCE, MY YEARLY APPOINTMENT WITH MY CARDIOLOGIST. I WENT TO SEE HIM AND TOLD HIM. LET ME GIVE YOU A EKG. READ IT. I SAID I CAN SEE IT HERE. SOMETHING WRONG WITH THE BOTTOM PART. HE SAID GO SEE THE ELECTRICIAN. WHO? THE ELECTRICIAN. ANOTHER DOCTOR THAT DOES PACEMAKERS. SO I HAD A PACEMAKER INSTALLED. YOU ARE IN DEEP TROUBLE BECAUSE I DON'T GET TIRED NO MORE. IF YOU THINK YOU HAD TROUBLE BEFORE, BABY, YOU ARE IN FOR A RIDE. >>ALAN CLENDENIN: CONGRATULATIONS. THINGS LIKE THAT HAPPEN, YOU GO TO THE EMERGENCY ROOM. >>CHARLIE MIRANDA: I HAD SURGERY RIGHT AWAY. >>ALAN CLENDENIN: YOU SAID YOU WAITED TO GO TO THE DOCTOR. >>CHARLIE MIRANDA: I WENT TO THE DOCTOR, THREE DAYS AWAY. I DON'T WANT TO GO TO THE EMERGENCY ROOM. >>ALAN CLENDENIN: I'M GLAD YOU'RE STILL WITH US. >>CHARLIE MIRANDA: I WAS HOPING I WOULD BE IN ANOTHER PLACE IN HEAVEN. I CHECKED OUT -- >>ALAN CLENDENIN: I WOULDN'T COUNT ON THE HEAVEN PART OF THAT. >>CHARLIE MIRANDA: WELL, I DID. THAT'S WHY I'M HERE. >>ALAN CLENDENIN: YOU BETTER HOLD ON AS LONG AS YOU CAN WHILE YOU HAVE COOL WEATHER. >>CHARLIE MIRANDA: THE BATTERY LASTS 10 OR 12 YEARS. SO YOU HAVE PROBLEMS. >>ALAN CLENDENIN: COUNCILMAN MANISCALCO. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. FILE FORM 8B FROM EARLIER TODAY. I HAVE IT HERE SIGNED. >>ALAN CLENDENIN: MOTION FROM COUNCILMAN MANISCALCO TO ACCEPT HIS FORM FOR RECUSAL. SECOND FROM COUNCILMAN VIERA. ALL IN FAVOR, AYE. OPPOSED? AYES HAVE IT. >>GUIDO MANISCALCO: I HAVE TWO COMMENDATIONS TO GIVE. LIKE TO MAKE A MOTION TO PRESENT A COMMENDATION TO VILA MADONNA CATHOLIC SCHOOL ON THEIR 90th ANNIVERSARY. PRESENT OFF-SITE AT CELEBRATION SCHEDULED FOR FEBRUARY 7, 2026. >>ALAN CLENDENIN: MOTION FROM COUNCILMAN MANISCALCO. SECOND FROM COUNCILMAN VIERA. ALL IN FAVOR, AYE? OPPOSED? AYES HAVE IT. >>GUIDO MANISCALCO: THANK YOU VERY MUCH. THEN I WOULD LIKE TO PRESENT A COMMENDATION TO THE INTERNATIONAL LONGSHOREMENS FOR 90th ANNIVERSARY. WE HAD ANDRE DAYS OF, THEIR -- DAVIS, THEIR PRESIDENT THIS MORNING. JANUARY 22 UNDER CEREMONIAL. THE JCC FOR HOLOCAUST REMEMBRANCE DAY, SO IT IS OPEN. >>ALAN CLENDENIN: MOTION FROM COUNCILMAN MANISCALCO. A SECOND FROM COUNCILMAN MIRANDA. ALL IN FAVOR, AYE. OPPOSED? AYES HAVE IT. >>GUIDO MANISCALCO: JUST AN ANNOUNCEMENT. I WOULD LIKE TO INVITE EVERYONE TO JOIN COUNCILMAN MIRANDA AND I TOMORROW, FRIDAY, DECEMBER 5, AT 11 A.M. AS WE HONOR THE LEGACY OF JAY LEONARD LEVY AND GEORGE LEVY WITH A STREET RENAMING DEDICATION AT THE SOUTHEAST CORNER OF HIMES AND WEST OHIO AVENUE, PARKING WILL BE AVAILABLE IN THE GATED GRASSY AREA BEHIND THE UNVEILING OF THE STREET SIGN. PLEASE LET ME KNOW IF YOU ARE ABLE TO ATTEND. AND THEN I'D LIKE TO WELCOME MACAULAY CULKIN TO TAMPA. HE IS AT THE STRAZ TONIGHT. I WANTED TO GET HIM HERE FOR THE INVOCATION THIS MORNING. THAT WOULD HAVE BEEN GREAT. HE IS SHOWING HOME ALONE. THAT'S IT. THANK YOU VERY MUCH. >>ALAN CLENDENIN: COULD HAVE SAT WITH US ALL DAY. COUNCILWOMAN HURTAK. >>LYNN HURTAK: NO. >>ALAN CLENDENIN: WOW. COUNCILWOMAN YOUNG. >>NAYA YOUNG: I HAVE A MOTION. COMMUNITY LOST A REALLY GREAT PERSON THIS WEEK, MR. STANLEY GRAY WITH THE URBAN LEAGUE. SO I MOVE TO MAKE A MOTION TO PRESENT POSTHUMOUS COMMENDATION TO THE FAMILY OF THE LATE STANLEY GRAY RECOGNIZING HIS ACHIEVEMENTS, CONTRIBUTIONS AND SERVICE HE GAVE TO THE CITY OF TAMPA COMMUNITY. I KNOW COUNCILMAN VIERA WAS REALLY GREAT FINES WITH MR. GRAY. >>ALAN CLENDENIN: WE HAVE A MOTION FROM COUNCILWOMAN YOUNG. SECOND FROM COUNCILMAN MIRANDA. ALL IN FAVOR, AYE. OPPOSED? AYES HAVE IT UNANIMOUSLY. >>GUIDO MANISCALCO: WITH THE URBAN LEAGUE, HOW HE HELPED REVIVE IT AND THE GALAS HE WOULD HAVE TOP-NOTCH. HAD ONE AT THE FIRE STATION ON ON FLORIDA AVENUE, AND IT WAS LIKE 1920s ELEGANT. IT WAS AWESOME. HE WAS ALWAYS VERY KIND TO ME AND I RESPECTED HIM FOR WHAT HE DID. HE WAS ONE OF THE FEARLESS INDIVIDUALS HE WENT IN, HE HAD A MISSION, AND WE WOULD SEE HIM AT COFFEE SHOPS. HE WOULD TELL ME ABOUT HIS BACKGROUND AND HIS LIFE AND HIS LOVE OF CARS. JUST A WONDERFUL GUY. >>NAYA YOUNG: THEIR OFFICE WAS IN -- >>LUIS VIERA: IT WAS NEXT TO -- I'M SO TIRED. >>NAYA YOUNG: ENCORE. I WOULD GO TO TALK TO HIM. WE WANT TO BE SURE WE HONOR HIM. >>LUIS VIERA: I WAS GOING TO SAY THAT WITH STANLEY, THE TERM THAT I THINK OF IS -- HE WORE A LOT OF HATS. HE WAS A VERY PROUD MARINE. ALWAYS INVOLVED IN VETERAN ISSUES. HE DID NOT SUFFER FOOLS. IF HE DID NOT LIKE YOU, YOU WOULD KNOW IT. AND HE WOULD LET YOU KNOW WHERE YOU STOOD WITH HIM. I ALWAYS LIKED THAT OF HIM. HE WAS A GOOD GUY. >>ALAN CLENDENIN: DID YOU HAVE ANYTHING ELSE? >>LUIS VIERA: NOTHING IN TERMS OF THIS MOTION. I DO HAVE SOME MOTIONS. >>BILL CARLSON: DID WE VOTE FOR THAT? >>ALAN CLENDENIN: COUNCILMAN VIERA, NEW BUSINESS? >>LUIS VIERA: COUPLE OF THINGS. THREE QUICK ONES. MR. SHELBY, DID WE SEND THE RESOLUTION AROUND? >> YES. >>LUIS VIERA: COUNCIL, WE CAN PUT IT ON THE DOCKET FOR DECEMBER 18. YOU SAW IN THE NEWS WHERE THE PRESIDENT OF THE UNITED STATES WHAT IS KNOWN AS THE R WORD TO REFER TO PEOPLE WITH INTELLECTUAL DISABILITIES. SO I DRAFTED A RESOLUTION. THE RESOLUTION DOES NOT MENTION THE PRESIDENT BY NAME, NOT THAT ANYBODY CARES. JUST BECAUSE IT HAS A LARGER THING THAT EXCEEDS THE LIMITED MORAL COMPASS OF PRESIDENT DONALD TRUMP AND GOES TO SO MANY DIFFERENT ISSUES. FOR ME, IT IS PART OF A LARGER CRUELTY THAT I THINK WE'RE SEEING IN THE COUNTRY. SEE IT IN THE NEWS WITH SOMALIANS HAITIANS AFGHANS CUBANS VENEZUELANS DIFFERENT PEOPLE. TAKING OUT THE HUMANITY IN HOW WE ARE SUPPOSED TO TREAT PEOPLE. IT IS SOMETHING CITY RELATED GIVEN OUR RECORD ON PEOPLE WITH INTELLECTUAL DISABILITIES. SO I WOULD LIKE TO MOTION TO PUT THAT ON DECEMBER 18 IF WE MAY. >>ALAN CLENDENIN: MOTION FROM COUNCILMAN VIERA. SECOND FROM COUNCILMAN MANISCALCO. ALL THOSE IN FAVOR AYE. OPPOSED? AYES HAVE IT UNANIMOUSLY. >>LUIS VIERA: NEXT, YOU ALL KNOW THIS JAUDON ALD GORDON WHO WORKS AT HANNA. HE IS A SECURITY GUARD THERE. AFRICAN AMERICAN MALE, ABOUT 65 YEARS OLD. HE IS A GREAT GUY. UNITED STATES MARINE. VIETNAM VETERAN. COMBAT VETERAN. DONALD TOOK A TRIP TO AFRICA. IT WAS JUST A TRIP OF A LIFETIME THAT I BELIEVE HE AND HIS WIFE TOOK. >> WHERE? >>LUIS VIERA: I HAVE IT WRITTEN DOWN. IT WAS A SPOT WHERE HE SAW A LOT OF AREAS WHERE ENSLAVED AFRICANS WERE TAKEN ON SHIPS AND DID THE MIDDLE PASSAGE WHERE TWO MILLION DIED. IT WAS GHANA. >>LYNN HURTAK: IT'S AMAZING. I'VE BEEN THERE. THE CASTLE, IT WAS VERY EMOTIONAL. >>LUIS VIERA: I COULD ONLY IMAGINE. WHAT I WANTED TO DO WAS FOR FIVE MINUTES ON FEBRUARY 18 FOR BLACK HISTORY MONTH TO ALLOW DONALD, WHO IS AGAIN, PROVIDES SECURITY AT HANNA, TO COME AND BRIEFLY SPEAK ABOUT HIS TRIP. I THINK IT IS SO MEANINGFUL. SUCH A NICE GUY. HE DID A CITY OF TAMPA VIDEO FOR VIETNAM VETERANS DAY, AND HE IS A GOOD SOUL. >>ALAN CLENDENIN: IS HE ABLE TO GET AWAY THAT DAY? WE HAVE A MOTION FROM COUNCILMAN VIERA. SECOND FROM COUNCILMAN MIRANDA. ALL THOSE IN FAVOR, AYE. OPPOSED? AYES HAVE IT. >>LUIS VIERA: LAST, IF I MAY, I SHOULD HAVE GOTTEN A DATE. THIS GOES TO SOME THINGS WE HEARD IN PUBLIC COMMENT. I WANT TO HAVE LEGAL GUIDANCE ON THIS ISSUE. THIS IS MY MOTION. I MOTION FOR LEGAL STAFF TO GIVE AN OPINION ON HATE SPEECH IN CITY COUNCIL AND THE ABILITY OF THE CITY OF TAMPA TO BAN AND/OR RESTRICT SOMEBODY BASED ON THEIR REPEATED EXPRESSIONS OF HATRED AND BIGOTRY. WE HEARD WHAT THIS GENTLEMAN, I USE THE TERM SO VERY LIBERALLY, GENTLEMAN TONY DANIELS CONTINUES TO SAY. I DO THINK THAT WE NEED GUIDANCE ON WHAT WE CAN DO. OBVIOUSLY, WHAT HE'S SAYING, EVERYBODY UP HERE OPPOSES 110%. I JUST DO THINK WE NEED LEGAL GUIDANCE BECAUSE THIS PERSON IS GOING TO CONTINUE TO PUSH AND PUSH AND PUSH AND WE NEED TO HAVE LEGAL GUIDANCE ON WHAT WE CAN DO. AND THAT'S MY MOTION. AND LET ME FIND A DATE. >>ALAN CLENDENIN: SIDEBAR INFORMATION FOR THAT, KNOW THAT I HAVE BEEN IN CONSTANT COMMUNICATION WITH MARTY, WITH THE CITY ATTORNEY, WITH THE ATTORNEY FOR OUR TAMPA PD. THE REASON I WAS LATE THE ONE TIME WHEN YOU ALL WERE WAITING FOR ME, I WASN'T HERE, I WAS CONFERRING WITH THE ATTORNEYS ABOUT THE SITUATION. THERE ARE DIFFERENT, BASED ON MY RESEARCH AND I THINK MARTY'S, TOO, YOU SEE A LITTLE BIT OF A FLEX IN THE DECISIONS THAT HAVE COME OUT OVER THE LAST COUPLE OF YEARS. THE COURT SYSTEMS HAVE CHANGED. THERE WAS A TIME GAVE A LOT MORE LATITUDE TO THE PEOPLE MAKING PUBLIC COMMENT. AND THERE MAY BE AN OPPORTUNITY BUT WE DON'T KNOW RIGHT NOW. >>LUIS VIERA: IF I MAY, I WOULD LIKE TO DO IT ON JANUARY 22. IF LEGAL NEEDS MORE TIME, PLEASE JUST ASK AND IT SHALL BE GRANTED. THAT'S MY MOTION. >>ALAN CLENDENIN: I REFER TO THE LOS ANGELES CITY COUNCIL HAS REALLY TAKEN BIG STEPS FORWARD ON THIS, BY THE WAY. MOTION FROM COUNCILMAN VIERA. SECOND FROM COUNCILMAN MANISCALCO. ALL THOSE IN FAVOR AYE. OPPOSED? AYES HAVE IT. >>LYNN HURTAK: IT'S FEBRUARY 19, NOT FEBRUARY 18 FOR THAT PREVIOUS MOTION. YOU'LL HAVE TO -- IF I MAY, THE ONE WITH DONALD GORDON HEREBY MOVE TO FEBRUARY 19 AS OPPOSED TO 18. >>ALAN CLENDENIN: MOTION TO AMEND THE PREVIOUS PASSED MOTION. MOTION FROM COUNCILMAN VIERA. SECOND FROM COUNCILWOMAN HURTAK. ALL IN FAVOR, AYE. OPPOSED? AYES HAVE IT. >>BILL CARLSON: SORRY TO HOLD UP EVERYBODY. NUMBER ONE, WOULDN'T LET ME SAY IT EARLIER, I STRONGLY OBJECT TO THE USE OF THE F WORD. >>ALAN CLENDENIN: IT WAS BETTER AT THAT POINT -- >>BILL CARLSON: I UNDERSTAND. I THINK YOU AS CHAIR HAVE THE RIGHT TO DO THAT. THE FLIP SIDE, WHETHER IT IS THE R WORD, N WORD OR F WORD, THE COMMUNITY THINKS THAT WE SHOULD STATE THAT WE'RE AGAINST IT. I THINK WHAT COUNCIL MEMBER VIERA JUST SAID SHOWS THAT. BUT WE WANT TO SUPPORT FREE SPEECH, BUT WE ALSO DON'T WANT TO SUPPORT HATE SPEECH. SEND MY CONDOLENCES ALSO TO THE FAMILY OF STANLEY GRAY. A REGULAR AT CATHOLIC ON TAMPA. SAW HIM AT LEAST ONCE A WEEK. HE HELPED SO MANY WAYS. WORKED TWO OR THREE YEARS, BEFORE HE WAS -- WITH THE REVIVAL OF THE TAMPA URBAN LEAGUE, WHICH WAS A REALLY IMPORTANT THING. ANOTHER THING, I CAN'T TALK TO YOU GUYS OUTSIDE THE ROOM SO I WANT TO MENTION THIS. THERE IS THIS BRICKS TO BRIGHT IDEAS EVENT THAT I THINK YOU'RE PUTTING ON IN YBOR CITY. MY DAY JOB IS IN YBOR SO I SPEND A LOT OF TIME THERE. SOMEBODY IN COMMUNICATION WAS USING ALLITERATION WHICH SOUNDS NICE, BUT PUTTING BRICKS TO BRIGHT IDEAS MAKES IT SOUND LIKE IT'S GOING TO BE A DISCUSSION ABOUT THE REBRICKING OF 7th IDEA. I WOULD ASK THAT THEY CHANGE THAT BECAUSE THERE STILL IS -- LIKE YOU ALL HAVE BEEN IN SOME OF THE NEIGHBORHOOD MEETINGS IN YBOR CITY, IF THE COMMUNITY WANTS US TO HAVE A DISCUSSION ABOUT THAT, IT SHOULD BE A CRA DISCUSSION AND IT SHOULD BE SEPARATE FROM THE DISCUSSIONS THAT ARE THERE. IT'S YOUR MEETING, IF YOU THINK THAT SHOULD BE PART OF IT, GO AHEAD. OTHERWISE, YOU MIGHT JUST ASK COMMUNICATION TO CHANGE THAT. OTHERWISE, WE MIGHT HAVE A BUNCH OF PEOPLE COME TO TALK ABOUT BRICKS INSTEAD OF TALKING ABOUT THE OTHER ISSUES. SEPARATE FROM THAT, I SPENT SOME TIME TALKING TO SEVERAL FOLKS, IN PARTICULAR, CARROLL ANN BENNETT ABOUT THE TREE TRUST FUND. THERE IS A QUESTION ABOUT HOW WOULD WE GOVERN IT? WE NEED TO FIX THE INTERNAL TRANSACTIONS. I ALSO TALKED TO WHIT REMER ABOUT THE ONE ISSUE WITH STORMWATER CHARGING THE TREE TRUST FUND AND WE CAN RESOLVE THAT WITH INTERNAL AGREEMENTS. BUT THE OTHER THING IS HOW MUCH SHOULD BE ALLOCATED EACH TIME AND WHO SHOULD OVERSEE IT? WE HAVE A THING CALLED THE NATURAL RESOURCES COMMITTEE, ALTHOUGH IT NEEDS TO BE REPOPULATED AND STEPPED UP AGAIN. BUT WHAT CARROLL ANN BENNETT AND I WERE DISCUSSING, WHY DON'T WE HAVE A DISCUSSION ABOUT PUTTING THE NATURAL RESOURCES COMMITTEE, WHICH IS APPOINTED BY US AND THE MAYOR, TO OVERSEE OR GIVE GUIDANCE AS TO HOW THE TREE TRUST FUND MONEY SHOULD BE ALLOCATED. I WOULD LIKE TO MOVE TO HAVE A DISCUSSION ON FEBRUARY 5 OR ANOTHER DATE YOU PICK AS TO WHETHER TO ASSIGN OVERSIGHT OF THE TREE TRUST FUNDS TO THE CITY'S NATURAL RESOURCES COMMITTEE. >>ALAN CLENDENIN: IS THAT A WORKSHOP? >>MARTIN SHELBY: WOULD YOU LIKE A WRITTEN STAFF REPORT? >>BILL CARLSON: NO, NO, A DISCUSSION. >>ALAN CLENDENIN: THAT SOUNDS LIKE A WORKSHOP ISSUE. >>BILL CARLSON: I DON'T REMEMBER. I PICKED THE DATE EARLY THIS MORNING. >>MARTIN SHELBY: SIX ITEMS ON FEBRUARY 26 WORKSHOP. >>BILL CARLSON: WHAT IS THE NEXT ONE? >>LYNN HURTAK: APRIL 23. >>BILL CARLSON: APRIL 23. >>LYNN HURTAK: CONVENIENTLY, WE'RE GOING TO HAVE STAFF TO PROVIDE A REPORT APPROVERING THE -- APPROVING THE TRANSFER OF THE MONEY -- IT'S PERFECT. THAT'S WHEN WE'RE TALKING ABOUT THE TREE TRUST FUND AGAIN. >>BILL CARLSON: IF YOU GUYS HAVE A BETTER IDEA, FINE. AT LEAST THIS PUTS IT ON THE CALENDAR ON HOW TO PROVIDE OVERSIGHT. >>ALAN CLENDENIN: MOTION FROM COUNCILMAN CARLSON. A SECOND FROM COUNCILWOMAN HURTAK. ALL THOSE IN FAVOR SAY AYE. OPPOSED? AYES HAVE IT. >>BILL CARLSON: NEXT, THE THING THAT MR. MICHELINI WAS TALKING ABOUT EARLIER AND ALSO SANDY SANCHEZ AND OTHERS, AND I MIGHT GET THIS MOTION SLIGHTLY WRONG, LIKE TO MAKE A MOTION FOR COUNCIL TO HAVE A DISCUSSION, I PICKED JANUARY 29, YOU CAN PICK A DIFFERENT DATE, WITH EACH OTHER, THAT MEANS AMONG US AND STAFF REGARDING THE POSSIBILITY OF PAUSING CODE VIOLATIONS UNDER CHAPTERS 19 DURING THE PERMITTING PROCESS. >>GUIDO MANISCALCO: SECOND. >>ALAN CLENDENIN: WE HAVE A MOTION FROM COUNCILMAN CARLSON. SECOND FROM COUNCILMAN MANISCALCO. >>GUIDO MANISCALCO: YOU MEAN IF A PROPERTY IS TRYING TO BE IN COMPLIANCE, WHILE THEY ARE WAITING -- TO PAUSE THE FINES IF THEY ARE SHOWING GOOD -- NOT EVEN GOOD FAITH. THEY ARE TAKING STEPS TO REMEDY THEIR PROBLEM. >>BILL CARLSON: THIS WOULD BE TO HAVE THE DISCUSSION ABOUT WHETHER OR NOT WE SHOULD DO THAT, NOT TO DECIDE IT. >>LYNN HURTAK: I BELIEVE MS. PETTIS-MACKLE TODAY SAID THAT WAS CHAPTER 19. >>BILL CARLSON: I ADDED CHAPTER 19. >>ALAN CLENDENIN: WE HAVE A MOTION FROM COUNCILMAN CARLSON. SECOND FROM COUNCILMAN MANISCALCO. ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR SAY AYE. OPPOSED? AYES HAVE IT. >>BILL CARLSON: ONE LAST THING, AND THIS IS A LONG DISCUSSION FOR ANOTHER DAY, AGAIN, I CAN'T TALK TO YOU GUYS OUTSIDE. SEVERAL PUBLIC COMMENTS ABOUT FOLKS ABOUT THE SOUTH HOWARD PROJECT. I WOULD ENCOURAGE YOU ALL TO MEET WITH ELIZABETH MAY AND SOME OF THE OTHER NEIGHBORHOODS. A WHOLE ARMY OF NEIGHBORHOOD PEOPLE IN PALMA CEIA PINES, PARKLAND ESTATES AND OTHERS THAT HAVE BEEN RESEARCHING THIS ISSUE. THEY HAVE GONE BACK TO THE '80s AND I THINK EVEN THE '70s LOOKING AT THE DATA ON THIS. I WAS THE FIRST PERSON IN THE CITY TO GO TO PALMA CEIA PINES THE DAY AFTER THE STORM, AND I HAD TWO PEOPLE FROM THE NEIGHBORHOOD IN MY CAR DRIVING AROUND. WE SAW THE LACK OF MAINTENANCE. DAY OR TWO LATER, SOMEBODY FROM PARKLAND ESTATES MET WITH THEM AND SUDDENLY THEY DECIDED THIS PROJECT IS THE PERFECT PROJECT AND IT NEEDS TO GO FORWARD EXACTLY AS IS. FOR SOME REASON, NOT LISTENING TO ANY OTHER SOLUTIONS. OUR DUTY IS TO FIND THE BEST SOLUTIONS TO BE THE MOST EFFECTIVE. WHAT THE DATA SHOWS, THE NARRATIVE THAT THIS IS A TEN-YEAR-OLD PROJECT COMES FROM ONE PERSON IN PARKLAND ESTATES. THE PALMA CEIA PINES PROJECT GOES BACK AT LEAST TO THE '80s. THERE WAS AN ANALYSIS BACK THEN. THE REASON WHY IT'S FLOODING, IN X AREA BUT IN A BOWL. THE WATER FLOWS DOWN IN THERE. THE RETENTION PONDS BUILT WERE BUILT ABOVE GRADE. INSTEAD OF THE WATER GOING IN, WHEN THEY FILL UP, THE WATER POURS OUT AND THEY WEREN'T PERMITTED. THEY WEREN'T DUG OUT. YOU CAN CALL THAT MAINTENANCE OR CALL IT INFRASTRUCTURE, WHATEVER YOU WANT. THAT WATER AND THAT BASIN FLOWS OUT CLEVELAND TO THE WEST. IT DOESN'T GO SOUTH. THERE ARE PROBLEMS WITH THE CLEVELAND CULL VERY OFTEN SYSTEM THAT NEED TO BE FIX -- CULVERT SYSTEM THAT NEED TO BE FIXED. NOT IN THE THING. ENGINEERS WORKING ON THE PROCESS HAVE ADMITTED PRIVATELY THAT PALMA CEIA PINES, NO INFRASTRUCTURE GOING IN PALMA CEIA PINES. IT'S BARELY GOING TO HELP PALMA CEIA PINES OR PARKLAND ESTATES. ONLY FOUR INCHES OF RAIN WHEN MILTON WAS 11. PALMA CEIA PINES WILL NOT BE ADDRESSED UNTIL PHASE TWO, WHICH IS FIVE OR SIX YEARS AWAY AND THERE'S NO MONEY WITHOUT RAISING TAXES TO PAY FOR THE PART IN PALMA CEIA PINES. I TRIED TALKING TO THE FOLKS FROM PALMA CEIA PINES. FOR SOME REASON THINK TALKING WITH ONE PERSON, STAFF OR MAYOR, THE PERFECT PROJECT. THEY CAN CALL ME WHATEVER NAMES THEY WANT, BUT I'M TRYING TO FIND THE BEST SOLUTION TO PROTECT THEM. THE SOLUTION THAT APPEARS TO BE CORRECT, IF YOU START IN THE '80s AND LOOK AT ALL THE RECOMMENDATIONS GOING FORWARD, THERE IS A STRONG RECOMMENDATION TO DO A PALMA CEIA PINES PROJECT FIRST. IF WE FIX PALMA CEIA PINES, IT WILL KEEP THE WATER FROM OVERFLOWING INTO PARKLAND ESTATES. I'LL LEAVE IT THERE AND TALK MORE ANOTHER DAY. >>ALAN CLENDENIN: WE'LL HAVE THE DISCUSSION AGAIN BECAUSE IT WILL COME BACK TO US, RIGHT? >>BILL CARLSON: I THINK SO. IT ONLY COMES UP IN RESPONSE TO PROPOSALS ON MONEY. WHAT I WOULD ASK YOU ALL TO DO IS PLEASE HAVE AN OPEN MIND AND LISTEN TO ALL THE DATA. IT'S NOT ABOUT POLITICS. IT'S ABOUT THE SCIENCE OF IT. ALL THE PEOPLE WORKING ON THIS PRIVATELY ARE SAYING, YEAH, YOU CAN LOOK AT THE DOCUMENTS YOURSELF. PALMA CEIA PINES WAS NOT EVEN INCLUDED IN ANY DOCUMENTS UNTIL A MONTH AFTER THE STORMS. THE REASON WHY THEY HAVEN'T DONE ANY ROBUST STUDY OF PALMA CEIA PINES IS BECAUSE WE CHANGED THE PURCHASING SYSTEM A COUPLE OF YEARS AGO. IF THEY GO MORE THAN 50% OVER BUDGET, IT HAS TO GO BACK OUT FOR AN RFP. AND THAT'S WHY THEY CAN'T HAVE A PROJECT THAT INCLUDES A ROBUST SOLUTION FOR PALMA CEIA PINES. THE PEOPLE THAT ARE FIGHTING FOR THIS PROJECT ARE THE ONES WHO ARE GOING TO GET SCREWED THE MOST BY IT. WE NEED TO DISCONNECT IT AND DO A PALMA CEIA PINES FIRST PROJECT AND THEN GO BACK AND LOOK AT EVERYTHING ELSE. ALL THE SCIENCE, ALL THE RESEARCH IS THERE. YOU GUYS CAN LOOK THROUGH IT YOURSELVES. >>ALAN CLENDENIN: COUNCILWOMAN HURTAK. >>LYNN HURTAK: I HAVE BEEN TALKING TO THE PEOPLE BEHIND THE SCENES. THAT'S NOT WHAT THEY ARE TELLING ME. I LOOK FORWARD TO THE CONVERSATION. I DON'T NECESSARILY AGREE. THAT IS NOT WHAT I'M HEARING FROM BEHIND THE SCENES. I'M LISTENING. TRYING TO KEEP AN OPEN MIND, BUT THAT HAS NOT BEEN MY EXPERIENCE. I'M STILL WILLING TO LISTEN TO EVERYONE. >>ALAN CLENDENIN: I THINK EVERYTHING IS ON THE TABLE. WE'RE ALL STILL GATHERING FACTS BECAUSE THERE HAVE BEEN COST ESCALATIONS. ROLLS IN AND MAKE A FINAL DETERMINATION BASED ON WHAT IS PRESENTED TO US AS THE FINAL BEST PRODUCT AND GO FROM THERE. MY MIND IS WIDE OPEN ON THIS. WIDE OPEN ON IT. WE'LL SEE. I'VE SUPPORTED MOVING FORWARD ALONG THE WAY, BUT IF NEW FACTS BECOME AVAILABLE, I'LL -- I HAVE ONE MORE THING TO SAY. >>LYNN HURTAK: THIS IS ALSO A DISCUSSION. WE WERE ALL CALLED THIS WEEK TO TALK ABOUT THE FACT THAT THE ADMINISTRATION IS PLANNING TO SELL BIG BLUE. IT'S ONLY $36 MILLION IS WHAT THEY ARE HOPING TO GET FOR THAT. WE ALL KNOW WE CAN'T EVEN BUILD FORENSICS FACILITY FOR LESS THAN 40 MILLION. I DO NOT KNOW WHERE WE ARE GOING TO TAKE THE THE MONEY TO BUY OR PAY FOR A NEW POLICE STATION RIGHT NOW. PERSONALLY I'M DISAPPOINTED THAT WE WEREN'T ASKED OUR OPINIONS. THERE'S BEEN NO DISCUSSION. SO MANY MOVING PARTS. THIS ISN'T JUST SELLING SOMETHING AND GETTING MONEY. IT'S WHAT DO WE DO WITH THE MONEY? IT'S HOW DO WE PAY FOR SOMETHING NEW WHEN WE CLEARLY DON'T HAVE THE MONEY TO PAY FOR SOMETHING NEW. SO I KNOW WE'RE KIND OF IN A ROCK AND A HARD PLACE BECAUSE BIG BLUE IS NOT IN GOOD SHAPE. BUT WHAT DO WE DO? I THINK THAT WE AS A COUNCIL, ALONG WITH THE ADMINISTRATION, SHOULD HAVE THAT CONVERSATION INSTEAD OF THEM JUST SIMPLY TELLING US THAT THEY ARE GOING TO SELL SOMETHING WITHOUT TALKING ABOUT ALL OF THE IMPLICATIONS FROM THAT. >>ALAN CLENDENIN: COUNCILMAN VIERA AND THEN MANISCALCO. >>LUIS VIERA: PERHAPS THAT COULD BE A MOTION FOR COUNCIL DISCUSSION. THIS IS A HUGE ISSUE. MANY QUESTIONS. I MET WITH STAFF ON IT THIS WEEK. I DEALT WITH ISSUES SUCH AS WHAT HAPPENED TO TPD BEING ON HANNA. IS THE REFUSAL OF DOING THAT GOING TO COST US ANOTHER $70 MILLION? SMALLER ISSUES SUCH AS WHAT'S GOING TO HAPPEN TO THE TAMPA POLICE MUSEUM? WHAT'S GOING TO HAPPEN TO THE TAMPA POLICE MEMORIAL THAT'S OUT THERE? AGAIN, BY THE WAY, OBVIOUSLY, WE'RE DEALING WITH AN ADMINISTRATION WHERE THE MAYOR IS FORMER CHIEF OF POLICE. CHIEF JOHN BENNETT, ET CETERA, ET CETERA. NOT SAYING ANYTHING WILL HAPPEN WITH THAT. THINGS THAT WE NEED TO SPEAK ABOUT AS CITY COUNCIL, BUT, AGAIN, WHAT HAPPENED TO THEM MOVING INTO HANNA? WE HAVE A HUGE SPACE THERE. THINGS LIKE THAT. THE QUESTIONS AMONG MANY OTHERS. I DO THINK IT WOULD BE REASONABLE TO HAVE SOME SORT OF DISCUSSION, EVEN ON A WAIVER OF THE RULES, SO LONG AS WE'RE NOT HERE UNTIL 7:13. THAT'S IT. >>ALAN CLENDENIN: COUNCILMAN MANISCALCO. >>GUIDO MANISCALCO: WHEN THEY TALK ABOUT THE CONDITION OF THE BUILDING, I THINK I HAVE PHOTOS OF THE CONSTRUCTION OF THE BUILDING FROM THE EARLY '60s IN MY PERSONAL THINGS THAT I'VE COLLECTED. IT IS A WELL-BUILT BUILDING. STEEL BEAMS AND CONCRETE, WHATEVER, MID CENTURY STYLE. HOW MUCH MONEY WAS SPENT ON THIS BUILDING HERE, 1915 CITY HALL? WHEN I GOT ELECTED IT WAS COVERED IN SCAFFOLDING FOR YEARS AND LIKE SIX OR SEVEN MILLION DOLLARS TO TOUCH UP AND RESTORE THIS BUILDING, WHICH IT LOOKS THE SAME, BUT IT IS AN OLD BUILDING, HISTORIC AND NEEDS A LOT OF WORK. I THINK ONE OF THE PROBLEMS THAT WE HAVE IN THIS COUNTRY IS IF A BUILDING, IT SEEMS LIKE ONCE IT HITS 50 YEARS AND THIS BUILDING IS OVER 60 YEARS, QUICK DEMOLISH IT AND KNOCK IT DOWN. YOU GO TO EUROPE AND OTHER COUNTRIES, THEY HAVE BUILDINGS, TELLING COUNCILMAN CARLSON, MY AUNT HAS AN APARTMENT IN A CASTLE FROM THE 1700s. THEY DIDN'T DEMOLISH IT. ALL THE ORIGINAL STONE AND EVERYTHING. WE ARE SO QUICK TO THROW THINGS AWAY. NUMBER ONE. $36 MILLION IF THAT IS THE NUMBER, WHAT ARE YOU GOING TO REPLACE THAT WITH? I THINK WE'RE STILL PAYING THE NO INTEREST -- SORRY, THE NO PAYMENT, NO WHATEVER THE BOND FROM THE GRECO ERA WHEN HE BOUGHT. IS BIG BLUE EVEN PAID FOR? THAT'S ANOTHER QUESTION BECAUSE IT CAME UP SEVERAL YEARS AGO. ALSO, WHAT IS THE NEW POLICE STATION GOING TO COST? FORENSIC LAB $40 MILLION, HUNDRED MILLION DOLLARS POLICE STATION? IT'S VERY INTERESTING. 400 MILLION. I HAD ONE PERSON CALL ME IN A PANIC ONE DAY, SAYING I'VE GOT TO MEET WITH YOU. THE WAY THEY ARE SPENDING MONEY. I SAID WHY DON'T WE TURN IT INTO A BOUTIQUE HOTEL. I DON'T WANT SOMEBODY TO BUY IT AND DEMOLISH IT AND THEN SOME RIDICULOUS TOWER GET PUT ON THERE. BUT THE FACT IS, WHY CAN'T WE RESTORE IT? MAYOR BUCKHORN PUT THE MONEY IN HERE, IN THIS BUILDING, AND THIS IS HISTORIC, 110-YEAR-OLD BUILDING. AGAIN, PEOPLE CALL ME CHEAP -- YOU CALL ME CHEAP. WE WERE IN THE BUILDING THE OTHER DAY FOR THE CHRISTMAS TREE LIGHTING, BEAUTIFUL MURALS IN THERE THAT YOU CAN'T REPLICATE. IT'S LIKE A MOVIE SET INSIDE. >>LYNN HURTAK: TILE MURALS, TOO. >>GUIDO MANISCALCO: EXACTLY. YOU WALK THROUGH THE BUILDING, IT IS VERY, VERY INTERESTING. I'M CONCERNED. I LOOK FORWARD TO THIS DISCUSSION. >>ALAN CLENDENIN: COUNCILMAN CARLSON. >>BILL CARLSON: YEAH, I THINK WE NEED TO FOCUS ON BRUTALISM AS THE MAIN. [ LAUGHTER ] COUNCIL MEMBER VIERA MENTIONED HANNA AND YOU ALL CORRECT ME IF I DON'T REMEMBER THIS RIGHT, BUT WHEN WE WERE FIRST APPROACHING HANNA AVENUE, THEY WERE GOING TO PUT AN OFFICE BUILDING AND THEN ACROSS THE TRACKS PUT A POLICE HEADQUARTERS. TOGETHER, THEY WERE GOING TO COST A HUNDRED MILLION. AND THEN THEY WERE GOING TO SELL THE SPRUCE PROPERTY AND SELL THE BLUE BUILDING. SO THE NET OF IT WOULD BE LIKE 60 MILLION FOR TWO BUILDINGS. AND THEN THE COMMUNITY SAID THEY DIDN'T WANT THE POLICE HEADQUARTERS THERE. THEY CAME BACK AND SAID, WELL, NOW WE'LL DO ONE BUILDING. THAT'S 108 MILLION. ENDED UP BEING 126 OR WHATEVER. AND NOW CHIEF BERCAW SAID THE NEW POLICE HEADQUARTERS MIGHT BE 400 MILLION. HOW DID WE GO FROM 40, 50 MILLION TO WHATEVER. WHAT I WOULD ASK FOR IS CHIEF BERCAW AND TEAM WORK WITH US AND WORK WITH THE COMMUNITY. LET'S HAVE A DIALOGUE AND CONVERSATION. IT SHOULD NOT BE A THING WHERE THEY DARE US TO VOTE UP OR DOWN. YOU ARE EITHER FOR THE POLICE OR AGAINST THE POLICE. LET'S HAVE A DIALOGUE. IT TOOK A LONG TIME FOR US TO GET WHAT WE THINK IS THE FINAL NUMBER ON DEBT. I THINK THE NUMBER THEY FINALLY GAVE US WAS 3.5 BILLION, INCLUDING THE PENSION. SO IF WE -- ALL THE THINGS THAT THEY ARE TALKING ABOUT, IF WE ADD IT IN, WE WOULD BE OVER 4 BILLION IN DEBT. WE NEED TO THINK CAREFULLY ABOUT THAT. THE LAST THING IS THAT HANNA AVENUE PROJECT STARTED IN 2016. IN 2018, NOW, THAT'S BEFORE THIS MAYOR TOOK OVER AND BEFORE I GOT IN, BUT IN 2018, THE BUILDING ACROSS THE STREET, TAMPA CITY CENTER SOLD FOR 128 MILLION. WE COULD HAVE BOUGHT THAT BUILDING AND RENTED A BUNCH OF IT OUT AND BROKEN EVEN ON IT AND WE WOULD HAVE SUPPORTED DOWNTOWN. THE COUNTY, WHAT WAS IT, 30 YEARS AGO, BOUGHT THE MACK BUILDING AND NOW IT IS THE FRED KARL COUNTY CENTER. THAT WAS ORIGINALLY AN OFFICE BUILDING THAT THEY BOUGHT. I WOULD JUST ASK THE CITY TO LOOK CAREFULLY. THIS ISN'T ABOUT BUILDING MONUMENTS WITH PLAQUES ON IT AND PUTTING PEOPLE'S NAMES ON IT. IT'S ABOUT DOING THE BEST THING FOR TAXPAYERS. >>ALAN CLENDENIN: CHARLIE MIRANDA PLAZA. [ LAUGHTER ] COUNCILWOMAN HURTAK. >>LYNN HURTAK: DO WE WANT -- DO WE WANT TO HAVE -- >>ALAN CLENDENIN: LET ME GET CLARIFICATION. THE CITY IS PUT RFP. I MADE INQUIRIES AS WELL. THERE'S NOTHING THAT COMPELS -- THE RFP IS WITHIN THE ADMINISTRATIVE RIGHT. AFTER THAT, IT TRANSFERS TO US. WE ARE NOT COMPELLED TO SELL, EVEN IF SOMEBODY COMES AT FULL-PRICE OFFER. BUT ANY CONTRACT HAS TO COME -- SO THEY GET TO DO THIS. SO WE WILL HAVE COMPLETE OVERSIGHT OF THIS PROCESS. >>CHARLIE MIRANDA: [INAUDIBLE] >>LYNN HURTAK: BUT THE THING THAT BOTHERED ME, IT'S NOT A CONVERSATION. YES, YOU GOT AN APPRAISAL. THAT WOULD HAVE GREAT INFORMATION, SOMETHING TO SHARE WITH US. THINKING ABOUT BIG BLUE, HERE IS THE APPRAISAL, WHAT DO YOU THINK? HATE FOR THEM TO GO THROUGH THE WORK, WE DISCUSS IT AND DECIDE, NO, WE'RE NOT GOING TO DO THAT. >>ALAN CLENDENIN: THAT IS THE RISK THEY RUN. >>LYNN HURTAK: IT'S AN ACRE PLUS IN DOWNTOWN CORE. WE'RE ABOUT TO DO THAT WITH THE ARMY NAVY BUILDING. WE ARE STILL GOING TO OWN THAT LAND AND THEY ARE BUILDING SOMETHING THERE. WHY CAN'T WE CONSIDER SOMETHING LIKE THAT? SO THERE IS A LOT TO TALK ABOUT. I DON'T KNOW IF YOU WANT TO HAVE A DISCUSSION OR IF YOU WANT TO WAIT TO SEE WHAT HAPPENS. >>ALAN CLENDENIN: I SAY WAIT UNTIL THE RFP. >>LYNN HURTAK: IT'S NOT SPECULATION THAT WE HAVE TO DO SOMETHING. >>ALAN CLENDENIN: RFP IS JUST COMING OUT. NEXT MEETING MAYBE COME UP WITH A MOTION IF YOU LIKE. >>BILL CARLSON: -- ONCE THE RFP IS DONE. >> THAT'S THE ISSUE. >>ALAN CLENDENIN: COME UP WITH A MOTION AT THE NEXT MEETING AND PUT THOUGHT INTO WHAT YOU WANT BECAUSE WE HAVE TIME. NEXT MEETING, BRING A MOTION BACK AND DO IT THEN. >>NAYA YOUNG: THAT'S WHY YOU WEREN'T CALLING ON ME. I FORGOT TO TURN MY -- >>ALAN CLENDENIN: CORRECT. THAT'S HOW I KNOW SOMEBODY WANTS TO SPEAK IS WHEN THE LIGHT IS ON. >>NAYA YOUNG: MAYBE IT WOULD BE GOOD TO HEAR WHAT THE PLAN IS. I'M VERY MUCH A PLANNER -- >>ALAN CLENDENIN: SOMEBODY WANT A MOTION FOR STAFF TO BRING IT BACK? >>NAYA YOUNG: EVEN IF IT IS IN THE DRAFT. TO HEAR, WE SELL, NOW WHAT. WHAT HAPPENS AFTER. >>LYNN HURTAK: WE ONLY HAVE FOUR STAFF REPORTS ON JANUARY 22. DID WE ADD ANY MORE TODAY, SULING -- SORRY, MS. HARRIS LUCAS. >> JANUARY 22, ADDED ONE COMMENDATION -- [INAUDIBLE] >>LYNN HURTAK: SO WE STILL HAVE ROOM. THAT WOULD MAKE SIX. >>MARTIN SHELBY: WHAT ABOUT THE WORKSHOP DAY? >>LYNN HURTAK: NO. SO THE 22nd, I MOTION THAT STAFF COME BACK -- >>BILL CARLSON: LET'S FRAME IT AS A DISCUSSION. WE WANT TO HAVE A DISCUSSION. >> [INAUDIBLE] >>ALAN CLENDENIN: YOU COULD HAVE A STAFF REPORT. >>LYNN HURTAK: HOW ABOUT THIS? I MAKE A MOTION THAT COUNCIL HAVE A CONVERSATION WITH STAFF ABOUT THE FUTURE OF BIG BLUE, THE POLICE DEPARTMENT HEADQUARTERS, AND DEBT. AND THE EVIDENCE -- WELL, I DON'T WANT TO PUT THAT IN IT. I WANT TO FOCUS JUST ON THE HEADQUARTERS. >>ALAN CLENDENIN: WE HAVE A MOTION FROM COUNCILWOMAN HURTAK. A SECOND FROM COUNCILMAN VIERA. ALL THOSE IN FAVOR SAY AYE. OPPOSED? AYES HAVE IT. COUNCILMAN VIERA. >>LUIS VIERA: I STRONGLY SUPPORT THE MOTION. MY ISSUE ISN'T AS MUCH DEBT -- >>NAYA YOUNG: IF YOU ALL ARE AVAILABLE TO COME TO A LISTENING SESSION IN YBOR -- I DID NOT COME UP WITH THE NAME. I THINK IT IS THE 16th FROM 6 TO 7. I THINK MOBILITY AND TPD ARE LEADING IT. THE NAME WAS NOT ME. IT IS SOMETHING THAT WE CAN TALK ABOUT AND ASK THEM IF IT IS POSSIBLE TO CHANGE. I'M PRETTY SURE THEY ARE GOING TO PUT IT OUT. IF YOU ALL ARE AVAILABLE TO COME. >>LUIS VIERA: I WAS GOING TO SAY ON THE PREVIOUS ISSUE, I THINK A DISCUSSION IS BIG. FOR ME, THE DEBT ISSUE IS ONE THING. BIGGER ISSUE FOR ME IS HAVING A COMMUNITY DISCUSSION WITH THE PROPER FOUNDATION. BECAUSE ONCE THE CONTRACT COMES THROUGH TO US, THERE IS A DIFFERENT LEVEL OF SCRUTINY APPLIED. THERE IS A -- I DON'T WANT TO SAY A PRESUMPTION, WHATEVER YOU WANT TO CALL IT, BUT BEGINNING THAT DISCUSSION NOW ON WHAT'S GOING TO HAPPEN TO TPD, HOW WE'RE GOING TO M BUILD A FINANCL BRIDGE TO GET THERE, I THINK THAT IS REALLY IMPORTANT. GET THE BIG PICTURE AND NOT DEAL WITH STEP ONE AND ALL THE STEPS. >>LYNN HURTAK: I AGREE. WHETHER WE RENOVATE IT OR NOT, WE NEED SOMEWHERE FOR THEM TO GO. IT IS A HEALTH SAFETY ISSUE, ABSOLUTELY. WE WANT THEM TO BE IN A GOOD PLACE, BUT WE HAVE TO BE ABLE TO DO IT WITH THE AMOUNT OF MONEY WE HAVE RIGHT NOW, AND MAYBE THAT IS A TEMPORARY HOME FOR A WHILE. IF THAT'S THE CASE, THAT'S THE CASE. BUT WHAT IS THE GOAL? I THINK THAT IS THE CONVERSATION WE ALL WANT TO HAVE BECAUSE WE ALL WANT TO BE ABLE TO SUPPORT. >>ALAN CLENDENIN: ONE LAST THING FOR ME, REFERENCE TONY DANIELS SHIRT TODAY. PROFANITY ON THE BACK. THE FRONT OF THE SHIRT, THE WORD SISSY. I DON'T KNOW IF YOU REMEMBER THE CONVERSATION WE HAD OVER A YEAR AGO HERE, GAY MEN OF MY AGE, THAT WORD WAS AN INFLAMMATORY, DEROGATORY. PEOPLE WOULD BEAT PEOPLE UP AND CALL THEM THAT. IT WAS A DEFAMATORY NAME AND HURTFUL TO PEOPLE IN THE LGBT COMMUNITY. IT IS ALSO A HATE WORD. IT'S SLANDEROUS. SLM AS OFFENSIVE AS OTHER WORDS WE TALKED ABOUT. I WANTED TO BRING THAT CLARIFICATION. I WANTED TO CALL HIM OUT OF ORDER TODAY. THERE WAS SOME QUESTION. I WAS THIS CLOSE BUT I DIDN'T. THAT'S IT. I WANTED TO MAKE SURE EVERYBODY UNDERSTOOD WHERE I WAS COMING FROM. >>LYNN HURTAK: MAYBE -- WELL, NOT MAYBE, WITH INFLAMMATORY LANGUAGE ON 30s. >>ALAN CLENDENIN: WE HAVE NO SIGNS. I THINK SHIRTS ARE LIKE A SIGN. MOTION TO RECEIVE AND FILE. MOTION TO RECEIVE AND FILE FROM COUNCILMAN MIRANDA. SECOND FROM COUNCILMAN MANISCALCO. ALL IN FAVOR, AYE. OPPOSED? AYES HAVE IT. WE ARE ADJOURNED. [ SOUNDING GAVEL ]