>>JOSEPH CITRO: GOOD EVENING AND WELCOME TO TAMPA CITY COUNCIL EVENING AGENDA HELD THIS DAY OCTOBER 27, 2022. MR. SHELBY, WE DON'T HAVE TO GO THROUGH THAT AGAIN, DO WE? >>MARTIN SHELBY: WE WILL DO IT VERY, VERY QUICKLY. I DON'T EVEN SEE IT ON THE AGENDA. >>JOSEPH CITRO: I DON'T EITHER. >>MARTIN SHELBY: I KNOW IT IS ON THE IN THE AND IN THE INSTRUCTIONS. INBE STRUNGSS FOR COMMUNICATION MEDIA TECHNOLOGY, CMT. >> THE BROADCAST IS NOW ATTENDING. ALL ATTENDEES IN LISTEN-ONLY MODE. >>MARTIN SHELBY: THOSE PEOPLE AT HOME PARTICIPATING ON APPEAR COMMUNICATION DEVICE. I AM MARTIN SHELBY, CITY COUNCIL ATTORNEY THIS EVENING, OCTOBER 27, 2022. AT THE 5:01 MEETING AND I STRUNGSS INCLUDING A CMT DEVICE IS ON THE CITY COUNCIL'S WEB SITE AT TAMPA.GOV. AND ALSO IN THE NOTICE. AND TO ADOPT THE CMT RULES, I WILL ASK THAT YOU WAIVE THE RULES AND ADOPT THOSE. >>JOSEPH CITRO: A MOTION AND A SECOND. FIRST WE NEED ROLL CALL. I APOLOGIZE. >>BILL CARLSON: HERE. >>GUIDO MANISCALCO: HERE. >>CHARLIE MIRANDA: HERE. >>JOSEPH CITRO: HERE. >>JOSEPH CITRO: A MOTION MADE BY COUNCILMAN MANISCALCO. SECONDED BY COUNCILMAN MIRANDA. ALL IN FAVOR. >>GUIDO MANISCALCO: NOTION MOVE ITEM 1-9. >>JOSEPH CITRO: MOTION MADE BY COUNCILMAN MANISCALCO. AND SECONDED BY COUNCILMAN MIRANDA. ALL IN FAVOR. YES, WE WILL HAVE HOUSEKEEPING. MISS BARNES. >>ANNIE BARNES: GOOD EVENING, COUNCIL. ANNIE BARNES, LAND DEVELOPMENT COORD COORDINATION. SEVERAL ITEMS TO CLEAN UP TONIGHT ON THE AGENDA. THE FIRST AGENDA ITEM ITEM NUMBER 4, 22-09. THE APPLICANT IS REQUESTING A CONTINUANCE TO BE HEARD DECEMBER 8, 2022 AT 5:01. >>GUIDO MANISCALCO: MOVE TO CONTINUE ITEM 4 FILE NUMBER AB 2-22-09. >>JOSEPH CITRO: THE FIRST CONTINUANCE? >>ANNIE BARNES: YES. >>JOSEPH CITRO: ANYONE IN COUNCIL CHAMBERS WISHING TO SPEAK TO THIS CONTINUANCE ONLY. A MOTION MADE BY COUNCILMAN MANISCALCO. SECONDED BY COUNCILMAN GUDES. ALL IN FAVOR. ANY OPPOSED. >>ANNIE BARNES: NEXT ITEM ITEM NUMBER 9, RE SGZ-22-101. >>GUIDO MANISCALCO: MOVE TO REMOVE ITEM 9, REZ-22-101. >>JOSEPH CITRO: THEIR FIRST MISNOTICE. >>ANNIE BARNES: CORRECT. >>JOSEPH CITRO: ALL IN FAVOR. THANK YOU MISS BARNES. ITEM NUMBER 1 BF 22-73765. >> McLEAN EVANS. ASSISTANT CITY ATTORNEY. BROWN FIELD DESIGNATION OF THE PROPERTY LOCATED 2101 WEST MAIN STREET. THE CITY OF TAMPA IS REQUESTING DESIGNATION OF THIS PROPERTY AS A BROWN FIELD AREA TO ASSIST IN THE ENVIRONMENTAL IMPACTS THAT MAY RESULT IN THE PROPERTY. EVIDENCE OF BENZO PYRENE AND ARSENIC HAVE BEEN FOUND AND DETAILS ARE PROVIDED IN THE SITE REPORT ENTITLED STAFF REPORT ON MAIN STREET PARK PROPOSED BROWN FIELD AREA DESIGNATION BOTH AVAILABLE FOR PUBLIC REVIEW FROM THE CITY CLERK'S OFFICE AND THE SIRE SITE. NO ACTION IS REQUIRED BY CITY COUNCIL TODAY EXCEPT TO HOLD THE HEARING AND ACCEPT PUBLIC COMMENT. AT THE CONCLUSION OF THE SECOND PUBLIC HEARING SCHEDULED NOVEMBER 17, COUNCIL WILL HAVE AN OPPORTUNITY TO ADOPT RESOLUTION DESIGNATING THE PARK SITE AS A BROWN FIELD AREA. ANY QUESTIONS? >>JOSEPH CITRO: ANY QUESTIONS? COUNCILMAN MANISCALCO. >>GUIDO MANISCALCO: IS THIS THE PARCEL WE ACQUIRED RECENTLY, THE FREEDOM OF SPEECH PARK? >> I DON'T KNOW IF THAT WAS A TITLE. A PREVIOUSLY USED PARK ABOUT 2.3 ACRES. >>GUIDO MANISCALCO: IT'S THE ONE. >>JOSEPH CITRO: ANY OTHER COMMENTS AND QUESTIONS. ANYONE IN THE AUDIENCE WANT TO SPEAK TO AGENDA ITEM 1, BF 22-77365. >> MOVE TO CLOSE. >> SECOND. >>CHARLIE MIRANDA: ANYBODY ONLINE? >>JOSEPH CITRO: NO ONE IS REGISTERED. NO ONE IS REGISTERED FOR ANYTHING TONIGHT. NOTHING. NADDA, NICO, ZIP, ZERO, ZILCH. >>CHARLIE MIRANDA: MUST NOT LIKE YOU. >>JOSEPH CITRO: A MOTION TO CLOSE BY COUNCILMAN MIRANDA. SECONDED BY COUNCILMAN GUDES, WAS IT? ALL IN FAVOR, SAY AYE. ANY OPPOSED. >> THANK YOU, COUNCIL. AGENDA ITEM NUMBER 2, FILE NUMBER CIP AND CIS 2023-2027. >> GOOD EVENING, COUNCILMEMBERS, MELISSA DICKENS, PLANNING COMMISSION STAFF. ANNUAL UPDATE OF THE CAPITAL IMPROVEMENT SECTION SCHEDULE OF PROJECTS. IT COMES BEFORE YOU AND I AM FILLING IN FOR DIEGO GUERRA ON OUR TEAM. CHAPTER 163 REQUIRES THAT THOSE PROJECTS WITHIN THE CITY'S CIP THAT EFFECT AN ADOPTED LEVEL OF SERVICE BE UPDATED ANNUALLY IN THE COMPREHENSIVE PLAN. THIS -- EXCUSE ME, THIS AMENDMENT WOULD REPLACE THE EXISTING SCHEDULE OF PROJECTS WITHIN THE PLAN. PROJECTS ARE CATEGORIZED IN TERMS OF HOW THEY EFFECT AN ADOPTED LEVEL OF SERVICE AND THIS UPDATE IS ACCOMPLISHED BY ORDIN ORDINANCE. THIS TABLE SHOWS THE LIST OF CAPITAL IMPROVEMENT SECTION SCHEDULE OF PROJECTS THAT ARE PROPOSED TO BE ADDED WITHIN THE COMPREHENSIVE PLAN. THERE ARE TOTAL OF 122 PROJECTS AFFECTING A BROAD RANGE OF CITY'S INFRASTRUCTURE AND FACILITIES PLANNING ACROSS THE CITY. FURTHER INFORMATION ON THESE PROJECTS IS ALSO AVAILABLE IN THE STAFF REPORT IN YOUR PACKET. THIS TABLE SHOWS HOW THESE DIFFERENT PROJECTS ARE CATEGORIZED. YOU CAN SEE THE TWO LARGEST AREAS ARE TO ADDRESS AN EXISTING DEFICIENCY OR TO REPLACE AN EXISTING FACILITY. AND THIS BREAKS DOWN HOW CITY STAFF HAS CATEGORIZED THE VARIOUS PROJECTS. HAVING A HARD TIME WITH THE ELMO TONIGHT. PLANNING COMMISSION STAFF REVIEWED THE PROPOSED SCHEDULE OF PROJECTS FOR CONSISTENCY WITH THE GOALS, OBJECTIVES AND POLICIES IN THE COMPREHENSIVE PLAN. STAFF FOUND THE PROPOSED SCHEDULE OF PROJECTS CONSISTENT WITH COASTAL MANAGEMENT POLICIES LIMITING EXPENDITURES IN THE COASTAL HIGH HAZARD AREA AND ALSO CONSISTENT WITH THE ADOPTED CAPITAL IMPROVEMENT SECTION, OBJECTIVES AND POLICIES RELATED TO THE PRIORITIES FOR THE SCHEDULE AND FOUND THAT THE PROJECTS WITHIN THE SCHEDULE FURTHERED SPECIFIC INFRASTRUCTURE RELATED DIRECTION WITHIN THE COMPREHENSIVE PLAN FOR POTABLE WATER, STORMWATER, MOBILITY, RECREATION, OPEN SPACE, AND SOLID WASTE. AND YOUR PLANNING COMMISSION FOUND THE FY '23-'27 SCHEDULE OF PROJECTS CONSISTENT WITH THE GOALS, OBJECTIVES AND POLICIES OF THE TAMPA COMPREHENSIVE PLAN AND RECOMMENDS ADOPTION THIS EVENING. I AM AVAILABLE IF THERE ARE ANY QUESTIONS. >>JOSEPH CITRO: ANY COMMENTS OR QUESTIONS? SEEING NONE, ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK TO AGENDA ITEM NUMBER 2, FILE NUMBER CIP AND CIS '23-'27. >>GUIDO MANISCALCO: MOVE TO CLOSE. >>CHARLIE MIRANDA: SECOND. >>JOSEPH CITRO: ALL IN FAVOR. COUNCILMAN CARLSON. >>BILL CARLSON: I WOULD LIKE TO MOVE FILE NUMBER CIP ANDCI S 2023-2027. ORDINANCE FOR FIRST READING, AMENDING THE IMAGINE 2040: TAMPA COMPREHENSIVE PLAN CAPITAL IMPROVEMENT SECTION AND CAPITAL IMPROVEMENT SECTION BY WILL HE PLACING THE CAPITAL IMPROVEMENT PROGRAM AND THE CAPITAL IMPROVEMENT SCHEDULE OF PROJECTS FOR FISCAL YEAR 2023 THROUGH FISCAL YEAR 2027 -- >>JOSEPH CITRO: COUNCILMAN CARLSON. A SUBSTITUTE ORDINANCE. >> YEAH, THANK YOU. >>JOSEPH CITRO: WE DON'T HAVE IT -- >> IT WAS ON -- >>JOSEPH CITRO: WE DON'T HAVE IT ON OURS. >>BILL CARLSON: YEAH, WE HAVE A DIFFERENT ONE. >>JOSEPH CITRO: WE DON'T HAVE IT ON OUR DRAFT -- I MEAN ON -- >>BILL CARLSON: I JUST READ THIS? OKAY. I WOULD LIKE TO MOVE -- YEP, MOVE FILE NUMBER CIP AND CIS 2023-2027, ITEM NUMBER 2, SUBSTITUTE ORDINANCE. MORE NANCE AMENDING THE IMAGINE 2040: TAMPA COMPREHENSIVE PLAN CAPITAL IMPROVEMENT PLACE BY REPLACING FISCAL YEAR 2022-2026 CAPITAL IMPROVEMENT SCHEDULE OF PROJECTS WITH THE FISCAL 2023 THROUGH FISCAL YEAR 2027 CAPITAL IMPROVEMENT SECTION SCHEDULE OF PROJECTS PROVIDE FOR APPEAL OF ALL ORDINANCES AND SEVERABILITY PROVIDING AN EFFECTIVE STATE. >>JOSEPH CITRO: MOTION BY COUNCILMAN CARLSON AND SECONDED BY COUNCILMAN MANISCALCO. ARE WE USING -- NO, ROLL CALL VOTE. >>CHARLIE MIRANDA: YES. >>LYNN HURTAK: YES. >>BILL CARLSON: YES. >>ORLANDO GUDES: YES. >>LUIS VIERA: YES. >>GUIDO MANISCALCO: YES. >>JOSEPH CITRO: YES. >>GUIDO MANISCALCO: FOR MANICOTTI. >>ORLANDO GUDES: SHE GOT THE FIRST ROUND. [LAUGHTER] >>CLERK: MOTION CARRIED UNANIMOUSLY. SECOND READING AND ADOPT AT 9:30 A.M. >>GUIDO MANISCALCO: MAN SCHOOL CO. >>BILL CARLSON: VIERA AND MIRANDA TOGETHER IS VERANDA. >>JOSEPH CITRO: ONE CANNOT MAKE A MOTION AND SECOND IT, OKAY. ALL RIGHT. ANYONE -- ANYONE WHO IS GOING TO BE GIVING ANY TESTIMONY OR WILL BE SPEAKING TO ANY OF THE OTHER QUASI JUDICIAL CASES, WILL YOU PLEASE RISE TO BE SWORN IN. [SWEARING IN] >>JOSEPH CITRO: THANK YOU. AGENDA ITEM NUMBER 3. FILE NUMBER REZ-22-124. POLICE WARNINGS. >>ANNIE BARNES: GOOD OWNING, COUNCIL. LAND DEVELOPMENT COORDINATION. ITEM NUMBER 3 IS REZ-22-124. REZONE PROPERTY 1701 EAST BUSCH BOARD REQUEST FROM IG TO CI. I WILL TURN THE PRESENTATION OVER TO THE PLANNING COMMISSION. >>EMILY PHELAN: GOOD EVENING, EMILY PHELAN, PLANNING COMMISSION STAFF. THE SUBJECT SITE IS LOCATED WITHIN THE UNIVERSITY PLANNING DISTRICT AND THE SULPHUR SPRINGS NEIGHBORHOOD. THE CLOSEST TRANSIT SHOT ON THE NORTHEAST CORNER OF THE SITE. ROWLETT PARK CLOSEST RECREATIONAL FOUR MILES SOUTHEAST AND THE SITE IS NOT WITHIN AN EVACUATION ZONE. SUBJECT SITE IS HERE AND OUTLINED IN PURPLE AND THE TRANSIT STOP PREVIOUSLY STATED IS ABOUT RIGHT HERE. THE SITE INTERFACES EAST BUSCH BOULEVARD AND CSX RAILROAD ARE HERE. EAST AND NORTH OF THE SUBJECT SITE IS A MIX OF COMMERCIAL, INDUSTRIAL AND GENERAL USES. TO THE SOUTHWEST OF THE SITE ARE SINGLE-FAMILY USES, AS WELL AS MULTIFAMILY COMPLEX. THIS IS THE ADOPTED FUTURE LAND USE. THE SUBJECT IS HERE. THE SUBJECT SITE IS LYLE INDUSTRIAL COMMUNICATION. THE CMU-35 TO THE NORTH. LIGHT INDUSTRIAL TO THE EAST AND ALSO FOLLOWS BUSCH BOULEVARD ON THE SOUTH SIDE. AND THEN THE ORANGE COLOR IS RESIDENTIAL-10 THAT SURROUNDS THE SITE. PLANNING COMMISSION STAFF REVIEWED THE APPLICATION AND FOUND NO ADVERSE IMPACTS TO THE SURROUNDING NEIGHBORHOOD. COMMERCIAL INTENSIVE ZONE PARCEL TO THE NORTH AND EAST. TO THE NORTH OF EAST BUSCH BOULEVARD. WHERE THERE ARE EXISTING SINGLE-FAMILY DETACHED DWELLINGS AND MULTIFAMILY USES TO THE SOUTHWEST OF THE SUBJECT SITE, THE CSX RAILROAD PROVIDES AB /* BUFFER. THE ZONING WILL ALLOW BETTER UTILIZATION OF THE LAND THAT IS CONSISTENT WITH THE ANTICIPATED UNDER THE LI DESIGNATION AND ENSURES EMPLOYMENT OPPORTUNITIES ARE AVAILABLE FOR THE CITY'S POPULATION. DUE TO THE PRESENCE OF THE COMMERCIAL INTENSIVE ZONING IN THE IMMEDIATE SURROUNDING A AREA, PLANNING COMMISSION STAFF FINDS THE REQUEST COMPARABLE AND COMPATIBLE WITH THE SURROUNDING AREA AND CONSISTENT WITH THE DEVELOPMENT PATTERN UNDER THE LIGHT INDUSTRIAL DESIGNATION. THIS CONCLUDES MY PRESENTATION IF YOU HAVE ANY QUESTIONS. >>JOSEPH CITRO: ANY COMMENTS OR QUESTIONS? >>ANNIE BARNES: ANNIE BARNES, DEVELOPMENT COORDINATION. JUST TO CONTINUE ON WHAT EMILY ALREADY STATED, THE REQUEST IS TO REZONE FROM IG TO CI FOR 1701 BUSCH BOULEVARD. I WILL SHOW THE SITE AGAIN ON THE ELMO. AS YOU CAN SEE, THERE ARE SOME RESIDENTIAL USES IN THE AREA, BUT THERE ARE RAILROAD BREAKS UP THE INDUSTRIAL AND RESIDENTIAL USES. THE SITE IS APPROXIMATELY #.15 ACRES IN SIZE. SO IT IS QUITE LARGE AND CURRENTLY UNDEVELOPED. THERE ARE A MIXTURE OF COMMERCIAL, INDUSTRIAL AND RESIDENTIAL USES IN THE IMMEDIATE AREA. THE PROPOSED REZONING OF CI WILL ACT AS A BUFFER AND TRANSITIONAL ZONING BETWEEN THE RESIDENTIAL ZONING TO THE WEST AND SOUTH AND MORE INTENSE INDUSTRIAL USE TO THE EAST. SO THIS IS A PICTURE OF THE SITE SOUTH OF BUSCH BOULEVARD. AND THEN DIRECTLY NORTH OF THE SITE IS ALSO ZONED CI. AND THEN DIRECTLY EAST OF THE SITE, AND YOU CAN SEE THE SITE -- PART OF THE SITE RIGHT IN THE PICTURE HERE. HERE IS THAT INDUSTRIAL USE. AND FURTHER ALONG EAST BUSCH BOULEVARD. BASED UPON THE EXISTING DEVELOPMENT PATTERN, STAFF FINDS THE REQUEST CONSISTENT. I AM AVAILABLE FOR ANY QUESTIONS. >>JOSEPH CITRO: COUNCILMAN GUDES. >>ORLANDO GUDES: IS THAT THE OLD HOTEL SITE? >>ANNIE BARNES: I AM NOT SURE. I KNOW IT IS VACANT NOW. I AM NOT SURE YEARS PRIOR IF IT WAS A HOTEL. I DO KNOW THAT THE APPLICANT -- >>ORLANDO GUDES: YEAH -- >>CHARLIE MIRANDA: WHERE CLOSE TO THAT. >>ANNIE BARNES: MY UNDERSTANDING WILL BUILD ALY TELL AND RESTAURANT. >>ORLANDO GUDES: IT WAS THAT LOT. IT IS WHAT IT WAS BEFORE. >>JOSEPH CITRO: COUNCILMAN MANISCALCO. >>GUIDO MANISCALCO: COUNCILMAN MIRANDA, WHERE WAS THE OLD SEA WOLF? BASS IT FURTHER DOWN? >>CHARLIE MIRANDA: RIGHT NEXT TO THE NEW ONE. [LAUGHTER] ON 48th STREET AND ACROSS THE STREET FROM THE PARKING LOT FROM BUSCH GARDENS. >>GUIDO MANISCALCO: ALL RIGHT, THANK YOU. >>LUIS VIERA: IF I MAY, MR. CHAIR. >>JOSEPH CITRO: YES, COUNCILMAN VIERA. >>LUIS VIERA: NO RELEVANCY BUT THE SEA WOLF -- THAT BUILDING IF MY MEMORY SERVES ME RIGHT A PAWN SHOP. >>CHARLIE MIRANDA: THE BACK SIDE WAS A VERY LARGE PIECE OF PROPERTY. >>LUIS VIERA: I WENT WITH MY PARENTS WHEN I WAS TOO YOUNG. MAYBE TOO YOUNG, WHO KNOWS. >>JOSEPH CITRO: MRS. JEAN HOLLOWAY. >>CHARLIE MIRANDA: EUGENE HUDSON HOLLOWAY. ANY FURTHER COMMENTS OR QUESTIONS? THANK YOU, MISS BARNES. PETIT PETITIONER. >> GOOD EVENING, COUNCIL. JERICE BARBEE WITH ABBOTT GROUP. TAMPA, FLORIDA, 33626. THANK YOU FOR ALLOWING US TO BE HERE TODAY AND GETTING US ON THE AGENDA SO QUICKLY. STAFF, WE REALLY APPRECIATE THAT. I JUST LIKE TO SAY I AGREE WITH EVERYTHING THAT STAFF HAS PRESENTED AND WE LOOK FORWARD TO MOVING FORWARD WITH THE DEVELOPMENT OF THIS VACANT PIECE OF PROPERTY. AS THE COMMISSIONER DID ASK EARLIER, THIS SITE WAS PREVIOUSLY A HOTEL USE. SO SEVERAL MONTHS BACK, WE CAME BACK AND ATTENDED A PREAPPLICATION MEETING FOR A CONCEPT PLAN WE PUT TOGETHER FOR A HOTEL USE AND RESTAURANT OUT FRONT AND THIS WAS THE METHOD THAT WAS TOLD TO COME FORWARD WITH THIS DEVELOPMENT. >>ORLANDO GUDES: GOOD PLACE FOR IT. >> WITH THE REZONING. SO IF ANYONE HAS ANY QUESTIONS, OR IF NOT, I WILL RESERVE MY TIME. >>JOSEPH CITRO: ANY COMMENTS OR QUESTIONS. SEEING NONE, ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK TO AGENDA ITEM NUMBER 3, FILE NUMBER REZ-22-124. >>GUIDO MANISCALCO: MOVE TO CLOSE. >>CHARLIE MIRANDA: SECOND. >>JOSEPH CITRO: COUNCILMAN VIERA. >>LUIS VIERA: YES, SIR. MOVE ITEM NUMBER 3, ORDINANCE BEING PRESENTED FOR FIRST READING CONSIDERATION, ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF 1701 EAST BUSCH BOULEVARD PRESCRIBED IN IG INDUSTRIAL GENERAL TO CI COMMERCIAL INTENSIVE PROVIDING AN EFFECTIVE DATE. I FIND THAT THE APPLICANT HAS MET HIS BURDEN OF PROOF TO PROVIDE COMPETENT AND SUBSTANTIAL EVIDENCE OF THE COMPREHENSIVE PLAN AND CITY TOAD CODE AND FURTHER ADOPT THE FINDINGS AND REASONING OF THE PLANNING COMMISSION AND CITY STAFF REPORTS, ALL OF WHICH I INCORPORATE HERE IN MY REMARKS. >>JOSEPH CITRO: A MOTION BY COUNCILMAN VIERA. SECONDED BY COUNCILMAN MIRANDA. ROLL CALL VOTE. >>LYNN HURTAK: YES. >>BILL CARLSON: YES. >>ORLANDO GUDES: YES. >>LUIS VIERA: YES. >>GUIDO MANISCALCO: YES. >>CHARLIE MIRANDA: YES. >>JOSEPH CITRO: YES. >>CLERK: MOTION CARRIED UNANIMOUSLY. SECOND READING ADOPTION WILL BE HELD NOVEMBER 17, 2022 AT 9:30 A.M. >>JOSEPH CITRO: THANK YOU. AGENDA ITEM NUMBER 5, FILE NUMBER AB 2-22-17. THANK YOU, MISS BARNES. >>ANNIE BARNES: ANNIE BARNES, DEVELOPMENT COORDINATION. ITEM IS 8217 AT 951, EAST 7th AVENUE. THE REQUEST FOR A RESTAURANT, BEER, WEAN AND LIQUOR. CONSUMPTION ON-PREMISE ONLY. THIS SITE IS LOCATED WITHIN A MIXED USE CORRIDOR JOENLDZ YC-5 WHICH IS GENERAL COMMERCIAL. THE DISTANCE FOR SEPARATION IS 250 FEET FROM OTHER AB SALES ESTABLISHMENTS AND RESIDENTIAL USES. THE APPLICANT IS ASKING FOR SEVERAL WAIVERS. ONE TO THE DISTANCE SEPARATION WAIVER. THERE IS A RESIDENTIAL USE WITHIN THREE FEET. AND THEN TO REDUCE SOME TRANSPORTATION-RELATED CODE IT ITEMS. TOP REDUCE THE NUMBER OF PARKING SPACE FROM 15 TO 3. AND TO REDUCE -- 15 TO 3, SORRY. DEVELOPMENT COORDINATION, TRANSPORTATION AND SOLID WASTE FOUND THE REQUEST INCONSISTENT; HOWEVER, IT IS MY UNDERSTANDING THAT THE APPLICANT, IF APPROVED, PLANS TO COME INTO COMPLIANCE WITH THE SOLID WASTE-RELATED ITEMS. THAT CONCLUDES -- OH, YOU NEED SOME PICTURES. SHOWN HERE IS THE SITE. AND YOU CAN SEE, THIS WAS LILY WHITE COURT. THE AREA AROUND HERE. SO THIS IS THE SUBJECT PROPERTY. DIRECTLY NORTHEAST LOOKING TOWARD HISTORIC YBOR. >>ORLANDO GUDES: MR. CHAIRMAN. >>JOSEPH CITRO: COUNCILMAN GUDES. >>ORLANDO GUDES: ANNIE, GO BACK TO THE FIRST SO I CAN SEE THE SITE AGAIN. THAT THE OLD CLEANERS THERE? YEAH. >>ANNIE BARNES: A LAUNDROMAT IN THE SAME BUILDING. THIS IS WEST OF THE SITE. AND DIRECTLY SOUTH AND EAST. SO I AM AVAILABLE IF YOU HAVE ANY QUESTIONS. >>JOSEPH CITRO: ANY COMMENTS OR ANY QUESTIONS? THANK YOU, MISS BARNES. PETIT PETITIONER. >> GOOD EVENING, COUNSEL ARE, JANE GRAHAM FOUNDER OF SUNSHINE CITY LAW, SUITE 100, SAFETY HARBOR. I REPRESENT NIKOLE THOMPSON IN HER APPLICATION FOR AN ON-PREMISE CONSUMPTION OF BEER, WINE AND LIQUOR AT LOS CHAPOS TACOS LOCATED 5951 #th AVENUE IN YBOR CITY. LOS CHAPOS TACOS IS A WELL-LOVED TACO RESTAURANT IN YBOR CITY. A WOMEN-OWNED BUSINESS KNOWN FOR BAARIA TACOS AND MEXICAN-STYLE FOOD. ALLOWING A WET ZONING F FOR LOS CHAPOS IS COMPLEMENTARY AND COMPATIBLE TO THE SURROUNDING PROPERTIES. IT IS ZONED YC-5 FOR COMMERCIAL AND SERVICE OPERATIONS TO SERVE RESIDENTS OF THE IMMEDIATE AREA AND ACTUALLY RIGHT BY AND WITHIN WALKING DISTANCE OF THE RECENTLY APPROVED GASWORX DEVELOPMENT THAT WAS HEARD BY THIS COUNCIL IN AUGUST, A TRANSIT-ORIENTED MULTIFAMILY RETAIL RESIDENTIAL DEVELOPMENT. A PLACE TO LIVE, WORK AND PLAY. A HISTORY OF ALCOHOL SALES IN THIS SHOPPING CENTER. IN 2007, THE CITY COUNCIL APPROVED ORDINANCE 2007-195 TO ALLOW SALES OF BEER AND WINE OFF-PREMISE AT THE CONVENIENCE STORE IN SWEET D. THIS CONVENIENCE STORE HAS SINCE CLOSED. YOU HAVE SEVERAL LETTER FROM INDIVIDUALS IN THE CITY SUPPORTING THIS APPLICATION. AND I HAVE SOME MORE TO ENTER INTO THE RECORD TONIGHT IF I MAY. MADAM CLERK. THANK YOU. MY CLIENT IS ASKING FOR A PARKING WAIVER AND RESIDENTIAL USE WAIVER. THIS APPLICATION MEETS THE GENERAL STANDARDS AS REQUIRED UNDER SECTION 27-129A FOR A SPECIAL USE PERMIT. I ALSO HAVE A PHOTO OF THE ENCLOSURE AROUND THE EXISTING DUMPSTER TO COMPLY WITH THE SOLID WASTE ISSUE THAT HAD BEEN BROUGHT UP BY STAFF. I'M HERE IF YOU HAVE ANY QUESTIONS, AND THANK YOU VERY MUCH. AND BEFORE WE CLOSE, I WOULD LIKE TO -- I WOULD LIKE FOR YOU TO HEAR FROM NIKOLE THOMPSON HERSELF WHO HAS A FEW WORDS. >> HELLO, MY NAME IS NIKOLE THOMPSON STAND BEFORE YOU ASKING FOR THE AB-2 TO IMPROVE MY BUSINESS AND THE REQUEST OF OUR CUSTOMERS. I HAVE BEEN COMING TO YBOR SINCE HE WAS 18 AND MY LOVE FOR YBOR HAS NEVER STOPPED. I KNEW I WOULD HAVE A BUSINESS HERE ONE DAY. I OPENED LOS CHAPO'S, I HAD NO IDEA HOW WE WOULD GROW AND PEOPLE CLOSE TO TAMPA AND HOURS AWAY WOULD LOVE OUR TACOS. 250,000 FOLLOWERS IN TWO YEARS. I AM WORKING TO OPEN MY THIRDLOS CHAPPO'S IN BRANDON. I STOOD IN FAVOR OF THE GASWORX AND A PLACE TO GO FOR PEOPLE WHO LIVE, WORK AND PLAY IN OUR NEIGHBORHOOD. I WANT TO GROW IN YBOR AND I AM ASKING FOR THIS LICENSE TO OFFER THE SAME THING AS THE OTHER RESTAURANTS HAVE. THANK YOU FOR TAKING THE TIME TO LISTEN TO ME. >>JOSEPH CITRO: ANY COMMENTS OR QUESTIONS? >>ORLANDO GUDES: MR. CHAIRMAN. >>JOSEPH CITRO: COUNCILMAN GUDES. >>ORLANDO GUDES: THE PARKING ISSUES, TO REDUCE TO THREE PARKING SPACES. >> YES, SIR. >>ORLANDO GUDES: HOW MANY ARE THERE NOW? >> THREE -- THERE ARE THREE. RIGHT NOW. JUST TO GIVE A LITTLE BACKGROUND ON THAT, POLICE THOMPSON HAS TRIED TO WORK THIS OUT WITH OTHER PROPERTY OWNERS IN THE AREA AS FAR AS TALKING TO A PARKING GARAGE, TALKING A THE A SCHOOL. HAD DISCUSSIONS BUT HAVEN'T BEEN ABLE TO WORK ANYTHING OUT. SHE HAD A CONVERSATION WITH DARYL SHAW WHO SAID ONCE G GAS WORX COMES ON LINE THEY MAY BE ABLE TO WORK SOMETHING OUT, BUT IN THE MEANTIME, SHE WOULD LIKE TO GET THINGS MOVING. AND THE LAUNDROMAT HAS CLOSED. >>ORLANDO GUDES: OH, IT HAS. >> YES. >>JOSEPH CITRO: ANY FURTHER COMMENTS OR QUESTIONS? IS THE LAUNDROMAT PART OF THE SAME COMPLEX? >> YES, IT IS IN THE SAME SHOPPING CENTER. >>JOSEPH CITRO: HAS SHE WORKED OUT A DEAL WITH THE LANDLORD OF THE SAME COMPLEX PARK IN THOSE PLACES THERE? >> ABSOLUTELY, YES. >>JOSEPH CITRO: WORKED OUT THE CONTRACTUAL AGREEMENT. >> IS IT A CONTRACT THAT IS ACTUALLY WRITTEN -- >>JOSEPH CITRO: HOW MANY SEATS ARE IN THE RESTAURANT? >> I THIN IT'S, LIKE, 40. >>JOSEPH CITRO: LIKE 40 OR ARE 40. >> A LITTLE OVER 40. >>JOSEPH CITRO: PEOPLE GOT TOGETHER IN ONE CAR, THERE WOULD BE TEN CARS. >> TYPICALLY PEOPLE WALK FROM YBOR. >>JOSEPH CITRO: THANK YOU. COUNCILWOMAN HURTAK. >>LYNN HURTAK: HOW LONG HAS YOUR BUSINESS BEEN OPEN? >> TWO YEARS. BUT I OWNED THE CONVENIENCE STORE PRIOR TO THAT. >>ORLANDO GUDES: OH, OKAY. >>JOSEPH CITRO: ANY COMMENTS OR QUESTIONS. ANYONE IN THE AUDIENCE THAT WOULD LIKE TO SPEAK TO AGENDA ITEM NUMBER 5, FILE NUMBER AB 2-22-17. >>GUIDO MANISCALCO: MOVE TO CLOSE. >>LUIS VIERA: SECOND. >>JOSEPH CITRO: ALL IN FAVOR. COUNCILMAN MANISCALCO. >>GUIDO MANISCALCO: BEFORE I READ THE ORDINANCE, HOW LATE ARE YOU OPEN? >> 11:00. >>GUIDO MANISCALCO: 11:00. YOU WILL GET A LATER NIGHT CROWD WALKING DOWN 7th AVENUE. ORDINANCE PRESENTED FOR FIRST READING CONSIDERATION, APPROVING A SPECIAL USE PERMIT AS TO ALCOHOLIC BEVERAGE SALES RESTAURANT. CONSUMPTION ON PREMISE ONLY AND MAKING LAWFUL THE SALE OF BEVERAGE OF BEER, WINE AND LIQUOR, ON THAT CERTAIN LOT, PLOT OR TRACT OF LAND EAST 7th AVENUE. TAMPA FLORIDA, MORE PARTICULARLY DESCRIBED IN SECTION 3 AND ALL ORDINANCES AND CONFLICTS ARE REPEALED. REPEALING ORDINANCE NUMBER 2007-195, PROVIDING AN EFFECTIVE DATE AND WITH THE WAIVERS THAT WERE REQUESTED. SPECIFICALLY THE DISTANCE SEPARATION, I BELIEVE, AND THE PARKING. >>JOSEPH CITRO: MOTION BY COUNCILMAN MANISCALCO. SECONDED BY COUNCILMAN MIRANDA. ROLL CALL VOTE. >>ORLANDO GUDES: YES. >>LUIS VIERA: YES. >>GUIDO MANISCALCO: YES. >>CHARLIE MIRANDA: YES. >>LYNN HURTAK: YES. >>BILL CARLSON: YES. >>JOSEPH CITRO: YES. >>CLERK: MOTION CARRIED UNANIMOUSLY. SECOND READING ADOPTIO WILL BE HELD ON NOVEMBER 17, 2022 AT 9:30 A.M. >> THANK YOU. >> THANK YOU. >>JOSEPH CITRO: AGENDA ITEM NUMBER 6, FILE NUMBER AB 2-22 2-22-18. >>ANNIE BARNES: ANNIE BARNES, DEVELOPMENT COORDINATION. THE NEXT CASE IS AB 2-22-18, ALCOHOL BEVERAGE SALES FOR LARGE VENUE, BEER, WINE AND LIQUOR. AND ON-PREMISE AND OFF-PREMISE CONSUMPTION. 3924 WEST SPRUCE STREET. IT PREVIOUSLY DID HAVE AN ALCOHOLIC BEVERAGE SALES LICENSE FOR A LARGE VENUE FOR CONSUMPTION ON PREMISE AND PACKAGE SALES; HOWEVER, THIS IS ADDING LIQUOR. .THE AB SALES AREA IS 49,660 SQUARE FEET, WHICH IS THE SAME SIZE AS IT WAS PREVIOUSLY. IT'S LOCATED WITHIN A MIXED USE CORRIDOR AND THE DISTANCE SEPARATION IS 250 FEET FROM OTHER AB SALES ESTABLISHMENTS AND USES. THE APPLICANT IS REQUESTING A DISTANCE SEPARATION WAIVER TO A RESIDENTIAL USE THAT IS 91 FEET AWAY. THIS REQUEST WAS PREVIOUSLY REQUESTED AS WELL. AND I AM JUST GOING TO SHOW YOU THE SITE. AND STAFF IS INCONSISTENT BASED ON THAT WAIVER. SO THIS IS THE SITE HERE. SOUTH OF SPRUCE STREET. THIS IS OUT ON THE CORNER. AND THEN FURTHER ALONG. SORRY, AND THEN -- THIS IS NORTH OF THE SITE. AND EAST OF THE SITE. AND SOUTH OF THE SITE, WITH PARTIALLY HAVING THE SITE IN THE PHOTO. THAT CONCLUDES MY PRESENTATION. I AM AVAILABLE FOR ANY QUESTIONS. >>JOSEPH CITRO: ANY QUESTIONS OR COMMENTS? PETIT PETITIONER. >> GOOD EVENING, COUNCIL. CHRIS BIRD WITH THE LAW OFFICES OF GRAY ROBINSON, EAST JACKSON. I'M HERE WITH JULIE THAT MANDEL WITH THE APPLICANT. THE APPLICATION REQUESTS AB SALES PERMIT UNDER THE 4-COP FOR THE SALE OF BEER, WINE AND LIQUOR FOR CONSUMPTION ON PREMISES AND PACKAGED SALE OFF PREMISES. IN ADDITION, THEY PLAN TO OPERATE A CRAFT DIDISTILLERY THAT IS CONSISTENT WITH THE MICRO BREWERY THAT CURRENTLY OPERATES THERE. AS YOU SEE IN THE STAFF REPORT, THE APPLICANT IS NOT SEEKING ALTERATION OF THE SALES AREA AND OF THE PREVIOUSLY APPROVED PLANS. THIS INCLUDES THE WAIVER PREVIOUSLY MENTIONED. THE ONLY CHANGE THE APPLICANT IS SEEK SOMETHING TO ALLOW THE SALE OF LIQUOR FOR ON-PREMISE CONSUMPTION AND PACKAGE SALES. THE APPLICANT IS SEEKING THE 4-COP PERMIT TO ALTER OPERATION OF CRAFT FACILITY. THE SITE IS COMMERCIAL INTENSIVE AND THE CRAFT DISTILLERY WITHIN THE CI ZONE. THE APPLICATION ONLY NEEDS MINOR CORRECTIONS OF THE SITE PLAN BETWEEN FIRST AND SECOND READING AND PLAN TO MAKE CORRECTIONS. WE SPOKE WITH STAFF AND WILL BE ADDING THE CRAFT DISTILLERY USE BETWEEN FIRST AND SECOND READING. THE APPLICANT MR. ESPINOSA HAS MADE HIMSELF AVAILABLE TO ANSWER ANY QUESTIONS REGARDING THE SALE OR OPERATION OF THE BUSINESS AND I'M HERE TO ANSWER ANY QUESTIONS AS WELL. >>JOSEPH CITRO: ANY COMMENTS OR QUESTIONS? MR. BIRD, YOU ANSWERED ONE OF MY QUESTIONS. I WAS -- UNDER THE ASSUMPTION THIS IS A MICROBURY. AND MY NEXT QUESTION WOULD BE, WHY DOES A MICRO BREWERY NEED TO SELL ALCOHOL, BUT NOW YOU ARE TELLING ME THEY HAVE NOW BECOME A MICRO BREWERY/DISTILLER. >> THEY PLAN ON IT. >>JOSEPH CITRO: OKAY. BECAUSE YOU REALIZE WE GRANT THIS, IT GOES WITH THE PROPERTY, NOT WITH THE OWNER. >>JOSEPH CITRO: THANK YOU, MISS BARNES. >>ANNIE BARNES: LAND DEVELOPMENT. I RECEIVED AN E-MAIL TO ADD THE ADDITIONAL USE FOR CRAFT DISTILLERY IN THE CI ZONING DISTRICT. THAT WILL NEED TO BE ADDED IF APPROVING THE APPLICATION BETWEEN FIRST AND SECOND READING. >>JOSEPH CITRO: ANY OTHER COMMENTS OR QUESTIONS? SEEING NONE, ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK TO AGENDA ITEM NUMBER 6, FILE NUMBER AB-22-18. >>CHARLIE MIRANDA: MOVE TO CLOSE. >>GUIDO MANISCALCO: SECOND. >>JOSEPH CITRO: ALL IN FAVOR. COUNCILWOMAN HURTAK. >>MARTIN SHELBY: I'M SORRY, MR. CHAIRMAN. IF I CAN INQUIRE. DOES THAT CHANGE THE TITLE? >>ANNIE BARNES: ANNIE BARNES, DEVELOPMENT COORDINATION. YES, LET'S CHANGE THE TITLE IN THE USE TABLE AS WELL. >>MARTIN SHELBY: CAN WE REOPEN THE HEARING. >> REOPEN TO MAKE CLEAR -- >>JOSEPH CITRO: REOPEN THE HEARING BY COUNCILMAN MANISCALCO. SECONDED BY COUNCILMAN MIRANDA. ALL IN FAVOR. >> ULTIMATELY UP TO THE CITY -- JULIA MANDEL WITH THE LAW FIRM OF GRAY ROBINSON, 401 EAST JACKSON STREET. I WANT TO CLARIFY AND UP TO THE CITY ATTORNEY WHETHER THE TITLE NEEDS TO CHANGE. WHAT IS IN FRONT OF YOU FROM A ALCOHOL PERSPECTIVE IS THE SALE OF ALCOHOL WHICH IS NOW ACCORDING TO THIS APPLICATION TO INCLUDE THE SALE OF LIQUOR. THE CURRENT USE OF THE PROPERTY AS A MICRO BREWERY AND THE PERSPECTIVE USE OF THE PROPERTY AS A CRAFT DISTILLERY IS NOT REQUIRED FROM A LIQUOR LICENSE PERSPECTIVE, BUT IT IS BEING ADDED TO THE SITE PLAN SO THERE IS NO CONFUSION DOWN THE LINE AS TO WHAT HAS BEEN APPROVED. I DON'T NECESSARILY KNOW IT NEEDS TO CHANGE THE TITLE. WE CAN LEAVE IT UP TO THE CITY ATTORNEY'S OFFICE TO OPINE ON, BUT BY WAY OF BACKGROUND, THIS IS -- THIS IS -- THING IS THE THIRD TIME THIS HAS COME BACK BECAUSE IT HAS CHANGED ITERATIONS OF BEING JUST A MICRO BREWERY WHERE YOU DIDN'T HAVE THE SAME THINGS -- YOU DIDN'T HAVE THE SAME PROVISIONS IN THE CODE AND HAS MOVED INTO A RESTAURANT. AND NOW HAS MOVED INTO THE RESTAURANT WHICH THE INCLUSION OF DISTILLERY AS PART OF THE ACTIVITIES, BUT ALSO THE SALE OF WHATEVER COMES OUT OF THE DISTILLERY WHICH IS LIQUOR OVER A CERTAIN PERCENT. I DON'T THINK IT GETS TO CHANGE THE TITLE. THAT IS ULTIMATELY UP TO THE CITY ATTORNEY BUT I WANTED TO GIVE THE BACKGROUND OF THOSE WHO WERE INVOLVED IN A WHILE. >>MARTIN SHELBY: MR. CHAIRMAN, MAY I INQUIRE. EITHER THIS QUESTION FOR MISS MANDEL OR MISS BARNES. DID THE STAFF REPORT CONTEMPLATE REVIEW BY THE LDC? >>ANNIE BARNES: ANNIE BARNES, LAND DEVELOPMENT COORDINATION. YES, IT DID INCLUDE LIQUOR. >>MARTIN SHELBY: THANK YOU, FOR THE RECORD. MR. CHAIRMAN. >>JOSEPH CITRO: ME PERSONALLY IT DOESN'T MAKE A DIFFERENCE TO ME THAT -- THAT THIS IS BECOMING A CANE DISTILLERY OR NOT. MY QUESTION WAS WHY DOES A MICRO BREWERY SERVE ALCOHOL. AND IT WAS ANSWERED BECAUSE IT IS PROBABLY BECOMING A CANE DISTILLERY; HOWEVER, THIS GOES WITH THE LAND, NOT THE OWNER. FOR SOME REASON THE OWNER DECIDES TO SELL, THIS COULD BECOME SOME MEGA LIQUOR STORE. AND STILL HAVE TO CHANGE -- STILL HAS TO COME BEFORE US, BUT IT IS POSSIBLE IT COULD HAPPEN AND THAT IS A CONCERN OF MINE. THANK YOU, MISS MANDEL. MOTION TO CLOSE BY COUNCILMAN MANISCALCO. SECONDED BY COUNCILMAN MIRANDA. GOING BACK TO COUNCILWOMAN HURTAK. >>LYNN HURTAK: FILE NUMBER AB 2-22-18, ORDINANCE BEING PRESENTED FOR FIRST READING CONSIDERATION. AN ORDINANCE APPROVING A SPECIAL USE PERMIT SU-# FOR ALCOHOLIC BEVERAGE SALES LARGE VENUE, CONSUMPTION ON PREMISE AND PACKAGE SALES OFF PREMISE AND MAKING LAWFUL THE SALE OF BEVERAGES REGARDLESS OF ALCOHOL CONTENT, BEER, WINE AND LIQUOR AT OR FROM THAT CERTAIN LOT, PLOT OR TRACT OF LAND LOCATED AT 3924 WEST SPRUCE STREET AS MORE PARTICULARLY DESCRIBED IN SECTION 3, PROVIDING ALL ORDINANCE OR PART OF ORDINANCE AND CONFLICT ARE REPEALED. REPEALING ORDINANCE NUMBER 2019-92, PROVIDING AN EFFECTIVE DATE. >>GUIDO MANISCALCO: SECOND. >>JOSEPH CITRO: MOTION BY COUNCILWOMAN HURTAK. SECONDED BY COUNCILMAN MANISCALCO. ROLL CALL VOTE. >>LUIS VIERA: YES. >>GUIDO MANISCALCO: YES. >>CHARLIE MIRANDA: YES. >>LYNN HURTAK: YES. >>BILL CARLSON: YES. >>ORLANDO GUDES: YES. >>JOSEPH CITRO: YES. >>CLERK: MOTION CARRIED UNANIMOUSLY. SECOND READING AND ADOPTION WILL BE HELD ON NOVEMBER 17, 2022 AT 9:30 A.M. >>JOSEPH CITRO: THANK YOU AGENDA ITEM NUMBER 7, FILE NUMBER AB 2-22-19. >>ANNIE BARNES: ANNIE BARNES. ITEM NUMBER 7 IS AB-2-22-19. REQUEST FOR A LARGE VENUE BEER, WINE AND LIQUOR ON-PREMISE AND PACKAGE SALES OFF-PREMISE ON 450 CHANNELSIDE DRIVE. THE AB SALES IS 8879 SQUARE FEET WITH INDOOR AND OUTDOOR USES. IT IS ALREADY PREVIOUSLY APPROVED FOR A LARGE VENUE BEER, WINE AND LIQUOR ON-PREMISE CONSUMPTION ONLY. BACK IN 2014, BUT IT WAS A SMALLER AB SALES AREA AS WELL. THE TOTAL OCCUPANCY IS 735 PEOPLE. AND THE PROPOSED SPECIAL USE REQUIRES A DISTANCE SEPARATION OF 1,000 FEET FROM RESIDENTIAL USES, INSTITUTIONAL USES AND OTHER AB SALES ESTABLISHMENT. THE APPLICANT IS REQUESTING THREE WAIVERS TO THESE DISTANT SEPARATIONS, THE RESIDENTIAL USE IS 65 FEET AS WELL AS THE AB SALES AND INSTITUTIONAL USE IS 378 SQUARE FEET. LAND DEVELOPMENT FOUND THE REQUEST INCONSISTENT. SHOWN MERE IS THE SITE DIRECTLY NORTH OF AMALIE ARENA. SHOWN HERE IS THE SUBJECT SITE. CURRENTLY UNDER CONSTRUCTION. AND LOOKING NORTH AND SOUTH AND WEST AND EAST OF THE SITE. THAT CONCLUDES MY PRESENTATION. I AM AVAILABLE IF YOU HAVE COMMENTS OR QUESTIONS. >>JOSEPH CITRO: ANY COMMENTS OR QUESTIONS? SEEING NONE, PETITIONER. PETITIONER? >>JOSEPH CITRO: DIDN'T GET SWORN IN. PETITIONER, ARE YOU THERE? >>CLERK: PLEASE UNMUTE YOURSELF. >>JOSEPH CITRO: BRETT MASS /* MASH WHACK. PLEASE RAISE YOUR RIGHT HAND. [SWEARING IN] >> GOOD EVENING, COUNCIL. BRETT MASHCHAK. LONGWOOD, FLORIDA, 33279. HERE REPRESENTING YARD HOUSE THIS EVENING. WE ARE HERE PROPOSING NEW YARD HOUSE LOCATION VENUE FOR GOOD FOOD, GOOD ATMOSPHERE, MUSIC AND BEER. WE ARE WELL KNOWN FOR OUR OVER 100 TAPS ON FILE. AND WE ARE LOOKING HERE TO EXPAND THIS AND BUILD INTO THE WATER DISTRICT AND BE A PART OF THAT VENUE. WE FEEL LIKE WE MEET THE REQUIREMENTS IN THIS AREA SINCE IT IS A MIXED USE DEVELOPMENT. IT IS -- YOU KNOW, YOU ARE GOING TO HAVE SOME AREAS WHERE YOU ARE CLOSER TO RESIDENTIAL AND OTHER USES. BUT THAT'S WHAT MAKES IT A VIBRANT LOCATION FOR PEOPLE TO MILL ABOUT AND BE A PART OF. SO I'M HERE TO ANSWER ANY QUESTIONS YOU MIGHT HAVE WITH REGARDS TO THIS SITE. >>JOSEPH CITRO: ANY COMMENTS OR ANY QUESTIONS? SEEING NONE. IS THIS A RESTAURANT? >> YES, IT IS A PRIMARY RESTAURANT. LIQUOR SALES AT YARD HOUSE LOCATIONS GENERALLY ARE ONLY IN THE 30%, 35% RANGE DEPENDING ON LOCATION. >>JOSEPH CITRO: SO YOU CRAFT YOUR OWN BEER AND DISTILL YOUR OWN LIQUOR? >> WE DO NOT DISTILL OUR OWN LIQUOR. WE HAVE AGREEMENTS WITH COMPANIES TO HAVE BEER MADE FOR US. WE DO NOT MAKE ANYTHING ON-SITE. BUT WE DO HAVE LOCAL BEERS, NATIONAL BEERS, INTERNATIONAL BEERS ON TAP WITH REVOLVING CHALK BOARD SELECTION THAT, YOU KNOW, IS GENERALLY LOCAL AREAS AND SOMETHING TO TRY. WE PRIDE OURSELVES OF HAVING ALL VARIETIES FOR ANYBODY WHO LIKES THEM. >>JOSEPH CITRO: AND YOU ARE GOING TO BE A PACKAGE STORE? >> WE ARE PACKAGE PER SE IS ESSENTIALLY THE ABILITY TO BE ABLE TO SELL DRINKS WITH -- TO-GO ORDERS, DELIVERY ORDERS, SUCH AS THAT. AS THE GOVERNOR HAS STARTED ALLOWING WITH RESTAURANT SALES. THAT IS ESSENTIALLY WHAT IT IS. IT IS NOT FOR BUYING BOTTLES OF ALCOHOL OR SUCH LIKE THAT. >>JOSEPH CITRO: I DON'T KNOW, MISS SUSAN JOHNSON-VELEZ, WAS THAT JUST DURING THE PANDEMIC? IS IT PERMANENT NOW? OKAY. MY CONFUSION. ANY OTHER COMMENTS OR QUESTIONS? IS THERE ANYONE IN THE AUDIENCE THAT WOULD LIKE TO SPEAK TO THIS? >>GUIDO MANISCALCO: MOVE TO CLOSE. >> SECOND. >>JOSEPH CITRO: OH, I AM -- I AM SORRY. I CAN'T ACTUALLY -- YEAH, I CAN. OUTDOOR AMPLIFICATION. >> YES. THERE ARE SPEAKERS OUTSIDE FOR THE MUSIC AND FOR CERTAIN SPORTING EVENTS THAT THEY MAY HAVE ON THE TV. >>JOSEPH CITRO: OKAY. AND WHAT HOURS OF OPERATIONS ARE YOU GOING -- ARE THEY -- >> THEY HAVE NOT OFFICIALLY SAID, BUT USUALLY THE HOURS OF OPERATION ARE SUNDAY THROUGH THURSDAY, 11 A.M. TO 11:30 P.M. AND FRIDAY AND SATURDAY FROM 11 A.M. TO 1 A.M. >>JOSEPH CITRO: POLICE BARNS. >>ANNIE BARNES: ANNIE BARNES, THE APPLICANT STATED CONSISTENT WITH CHAPTER 14 WHICH IS HOURS OF OPERATION. >>JOSEPH CITRO: WHICH IS. >>ANNIE BARNES: I HAVE THE SHEET HERE. >>CHARLIE MIRANDA: 7 TO # O'CLOCK IN THE MORNING -- 7:00 TO 3:00 IN THE MORNING. >>ANNIE BARNES: SO RESTAURANTS ENDING AT 3 A.M. SEVEN DAYS A WEEK. >>JOSEPH CITRO: ENDING AT 3 A.M. SIR? >> YES. >>JOSEPH CITRO: YOU LEFT. I CAN'T SEE YOU ANY LONGER. THANK YOU. ARE YOU ADDING A STIPULATION INTO THE HOURS YOU MENTIONED? >> WE WILL NOT BE -- YES, THOSE HOURS ARE FINE FOR US. WE WILL MEET THOSE REQUIRED HOURS. >>CHARLIE MIRANDA: MAY I ASK, WHICH HOURS ARE FINE FOR US, THE ONES YOU MENTIONED OR THE ONE THAT WERE READ. >> THE ONES THAT WERE READ. >>CHARLIE MIRANDA: YOU THOUGHT I WAS SLEEPING. >>JOSEPH CITRO: ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK TO AGENDA ITEM NUMBER 7, 22-19. >>SUSAN JOHNSON-VELEZ: SUSAN JOHNSON-VELEZ, LEGAL DEPARTMENT. I AM NOT A MEMBER OF PUBLIC BUT I WANT TO CLARIFY TO ALLOW LIQUOR SALES TO GO WITH EXECUTIVE ORDER DURING THE PANDEMIC AND CODIFIED IN STATE LAW. WE DETERMINED PREVIOUSLY THERE IS NO NEED TO HAVE PRESIDENT OFF-SITE CONSUMPTION OR PACKAGE SALES APPROVED IN ORDER TO EXERCISE, YOU KNOW, THE ABILITY TO SELL OR HAVE TO-GO SALES UNDER STATE LAW. AS LONG AS YOU COMPLY WITH THE STATE LAW REQUIREMENTS, THERE ARE A NUMBER OF REQUIREMENTS IN TERMS OF WHERE THE ALCOHOL HAS TO BE WHEN YOU TAKE IT OUT OF THE RESTAURANT AND WHAT KIND OF CONTAINER IT HAS TO BE IN AND SO FORTH. AS LONG AS YOU COMPLY WITH THOSE, IT IS NOT NECESSARY TO HAVE THE PACKAGE SALE ABILITY IN ORDER TO DO -- IF WHAT THEY ARE INTENDING TO DO IS WHAT IS PRESCRIBED. >>JOSEPH CITRO: THANK YOU. ANY QUESTIONS FOR MISS SUSAN JOHNSON-VELEZ. >>GUIDO MANISCALCO: MOTION TO CLOSE. >>LUIS VIERA: SECOND. >>JOSEPH CITRO: ALL IN FAVOR. COUNCILMAN GUDES. >>ORLANDO GUDES: AB 2-22-19, ORDINANCE PRESENTED FOR FIRST READING CONSIDERATION. A ORDINANCE APPROVING A SPECIAL USE PERMIT SU-2 FOR ALCOHOL BEVERAGE SALES, LARGE VENUE, CONSUMPTION ON PREMISE AND PACKAGE SALES OFF PREMISE CONSUMPTION. MAKING LAWFUL THE SALE OF BEVERAGES REGARDLESS OF ALCOHOL CONTENT, BEER, WINE AND LIQUOR AT OR THAT CERTAIN LOT, PLOT AND LAND LOCATED 450 CHANNELSIDE DRIVE AS PULLINGLY DESCRIBED IN EXCEPTION 3 PROVIDING ALL ORDINANCES IN CONFLICT OR REPEAL, ORDINANCE NUMBER 22-1491 PROVIDERING AN EFFECTIVE DATE. >>JOSEPH CITRO: MOTION BY COUNCILMAN GUDES. SECONDED BY COUNCILMAN MANISCALCO. ANY FURTHER DISCUSS. SEEING NONE? >>CHARLIE MIRANDA: THE MUSIC PART WILL BE THE SAME AS THE LIQUOR PART OR STAY OPEN -- >>JOSEPH CITRO: YOU WANT TO REOPEN? >>CHARLIE MIRANDA: YES, I WOULD LIKE TO HAVE IT REOPENED. >>JOSEPH CITRO: MOTION TO OPEN THE AMERICA BY COUNCILMAN MIRANDA AND SECONDED BY COUNCILMAN VIERA. ALL IN FAVOR. YOU HAVE A QUESTION FROM COUNCILMAN MIRANDA. >> MUSIC WILL PLAY WHEN WE ARE OPEN FOR BUSINESS. THE SOUNDTRACK DURING THE COURSE OF THE DAY AND PUT TOGETHER BY THE MANAGER AND TEAM SPECIFIC TO EACH RESTAURANT. I WOULD ONLY ANTICIPATE US BEING OPEN PAST OUR NORMAL BUSINESS HOURS IF THERE WAS SOME KIND OF SPECIAL EVENT THAT WOULD BRING THAT ABOUT. >>JOSEPH CITRO: COUNCILWOMAN HURTAK. >>LYNN HURTAK: SO YOU ARE SAYING THAT OUTSIDE AMPLIFIED NOISE WILL GO ON UNTIL 1 A.M.? >> WE GENERALLY HAVE OUR MUSIC ON WHILE WE ARE OPEN, YES. >>ANNIE BARNES: ANNIE BARNES, DEVELOPMENT COORDINATION. I JUST WANT TO STATE FOR THE RECORD CHAPTER 14, HOURS OPEN UNTIL 3:00. IF YOU LIKE TO ADD A CONDITION REGARDING AMPLIFIED SOUND, THAT CAN BE ADDED BETWEEN FIRST AND SECOND READING. >>JOSEPH CITRO: COUNCILMAN GUDES. >>ORLANDO GUDES: IS THIS A SPORTS BAR, SIR? >> YES, THERE ARE SPORTS ON TV. >>ORLANDO GUDES: ARE WE PLAYING LIKE A LOT -- TOP 40 MUSIC OR JUST LITTLE SMALL MUSIC FOR THE SPORTS FAN. WHAT ARE WE SAYING HERE? >> GENERALLY IT'S CLASSIC ROCK AND MODERN ROCK. SO IT'S -- IT IS A FULL GENRE OF MUSIC FROM TIMES GONE TO CURRENT. >>ORLANDO GUDES: I AM TRYING TO GET A GRASP. I KNOW WHAT SPORTS BAR DO AND TIMES YOU ARE DOWN IN CHANNELSIDE -- I AM TRYING TO VISUALIZE WHAT YOU GOT GOING ON. >> WE OPPONENT TO CONSIDER OURSELVES A SPORTS BAR. WE CONSIDER OURSELVES A RESTAURANT, GATHERING PLACE THAT SERVING BEER AND HAVE SPORTS ON TV. >>ORLANDO GUDES: OKAY. ALL RIGHT. >>JOSEPH CITRO: LET'S -- LET ME GO TO MR. SHELBY. >>MARTIN SHELBY: YES, IF THAT -- IF THAT IS A CONCERN, AND I DON'T RECALL SPECIFICALLY MISS BARNES PRESENTATION, BUT YOU LOOK AT THE SURROUNDING AREAS IN TERMS OF WHAT IS AROUND THEM IN ORDER TO MAKE A RECORD. JUST IF YOU HAVE ANY CONCERNS. >>CHARLIE MIRANDA: MAY I ASK -- >>JOSEPH CITRO: LET ME GO TO COUNCILMAN CARLSON. COUNCILMAN CARLSON. >>BILL CARLSON: TYPICALLY IN THESE SITUATIONS, MR. CHAIR, YOU ARE THE ONES TO MAKE THE MOTION TO LIMIT THE OUTDOOR AMPLIFIED SOUND TO 10 AND 11:00. YOU DIDN'T DO THAT. DID YOU GET LEGAL COUNSEL NOT TO DO THAT. ARE WE NOT ALLOWED TO DO THAT? >>JOSEPH CITRO: I AM WAITING IF YOU BEEN AT MY OPINION IF WE GO TO THE MOTION AND DISCUSSION. THEN I WILL GIVE MY OPINION. >>BILL CARLSON: I DIDN'T PROPOSE IT BECAUSE I THOUGHT YOU WERE. TYPICALLY IN THESE CASES. CHANNEL DISTRICT IS A NEIGHBORHOOD AND WE KNOW THAT NEIGHBORHOOD DOESN'T LIKE LATE NIGHT SOUND OUTSIDE. >>JOSEPH CITRO: I WILL BE GIVING MY OPINION THEN. COUNCILMAN MIRANDA. >>CHARLIE MIRANDA: THE GENTLEMAN SAID HE IS A RESTAURANT. I WOULD IMAGINE THEN THE RESTAURANT IS OPEN AS LONG AS THE BAR IS OPEN? FOR DINNER OR TAKEOUT? >> YES. >>CHARLIE MIRANDA: PARDON ME? >> THE RESTAURANT -- FOOD WILL BE SERVED UNTIL THE RESTAURANT IS CLOSED. >>CHARLIE MIRANDA: I DIDN'T SAY THAT -- NOT THE RESTAURANT IS CLOSED. YOU ARE TRYING TO PUT WORDS IN MY MOUTH. YOU ARE NOT TRYING BUT IT IS COMING OUT THAT WAY. IF YOU ARE SELLING ALCOHOL PAST 1:00 IN THE MORNING, 1 UNTIL 3:00, THE BAR WILL CLOSE AT 1:00 OR 3:00? >> IF WE ARE SELLING ALCOHOL PAST 1, THE BAR WILL STILL BE OPEN. BUT AT THE SAME TIME, THE BAR IS OPEN, THE FOOD SERVICE WILL BE OPEN. >>CHARLIE MIRANDA: THANK YOU VERY MUCH. I GOT THE ANSWER. >>JOSEPH CITRO: COUNCILWOMAN HURTAK. >>LYNN HURTAK: CAN WE SEE THE SITE PLAN OF THIS. WELL, I HAD A QUESTION ABOUT -- I WANTED TO SEE THE SITE MAN BECAUSE I REMEMBER SEEING THIS WHEN I LOOKED AT IT, BUT I WAS HOPING TO SEE THE SITE PLAN AGAIN TODAY BECAUSE MY QUESTION HAS TO DO WITH HOW MUCH OUTDOOR AREA THERE IS AND IN WHAT DIRECTION IT FACES. WHAT ARE WE LOOKING AT HERE. DO WE HAVE LIKE A TERRACE OR PATIO. >> ELEVATIONS AS WELL. THESE ARE THE ELEVATIONS THAT WERE PROVIDED BY THE APPLICANT. THIS IS THE EAST AND WEST AND THIS IS THE NORTH AND SOUTH AND THEN UNFORTUNATELY -- I DON'T THINK THE ELMO BACKS -- THAT ONE DOES NOT BACK OUT ENOUGH FOR ME TO SHOW YOU THE SITE PLAN, BUT THERE SHOULD BE A COPY AND I HAVE A COPY AS WELL. >>LYNN HURTAK: I HAVE A COPY. I GUESS MY QUESTION AS I AM LOOKING AT THIS, IS IT LOOKS LIKE A COVERED BAR PATIO AND AN OPEN AND ALSO CALLED A CARPORT. COVERED OR NOT COVERED. >> THE TOTAL INDOOR AREA IS 11,830 SQUARE FEET AND OUTDOOR AREA IS 4,000. I DO BELIEVE THERE IS SOMEONE HERE FROM THE -- THE RESTAURANT AS WELL AND OTHER REPRESENT FIVE. I DON'T THINK WE HAVE AN AUTHORIZED AGENT FORM BUT AS PUBLIC COMMENT. >>JOSEPH CITRO: ARE YOU OKAY? >>LYNN HURTAK: YEAH, IF COUNCILMAN CARLSON DOESN'T MAKE THE MOTION, I WILL MAKE THE MOTION TO LIMIT AUDITORY -- SORRY. >>JOSEPH CITRO: SIR, WOULD YOU LIKE TO MAKE PUBLIC COMMENT. >> RICHARD RENNINGER. I LIVE IN TAMPA FLORIDA AND THE CHIEF DEVELOPMENT OFFICER OF DARDEN RESTAURANTS WHICH IS RESPONSIBLE FOR THE YARD HOUSE. SO I COULD ADD -- I WAS NOT PLANNING TO SPEAK, BUT I -- YOU KNOW, SINCE SOME OF YOUR QUESTIONS, I CAN TELL THAT YOU WE HAVE 80 RESTAURANTS. THIS WILL BE SIMILAR TO THE 80 RESTAURANTS. THE ONLY TIME WE ARE OPEN LATER THAN OUR TYPICAL HOURS IS I IF AMALIE OR SOMETHING ADJACENT HAS AN EVENT. WE TONIGHT DRIVE EVENTS. WE DON'T HAVE LIVE MUSIC. WE ARE GENERALLY A RESTAURANT LIKE WE DESCRIBED, THAT PARTICULAR PIECE THAT MAKES IT A BAR. WE HAVE 100 ON AVERAGE TAPS, SO YOU CAN GET LOCAL BEERS. LOTS OF THINGS LIKE THAT BUT OUR CHEF-DRIVEN FOOD IS MUCH THE DRIVER OF THE BUSINESS. WE HAVE SPORTING EVENTS BUT NOT SPORTS BAR. THE CULINARY PIECE IS WHAT DRIVES OUR BUSINESS. WE ARE ADJACENT TO MANY LARGE SPORTING EVENTS ACROSS THE COUNTRY, LA LIVE WOULD BE ONE. THE BRAVES STADIUM WILL BE ANOTHER. AND WE WORK IN HARMONY WITH THOSE. OUR LANDLORD THERE. WE WORK IN GREAT HARMONY. WE ARE NOT LOUDER OR LARGER OR OUTSIDE OF THOSE EVENTS. WE DON'T DRIVE THAT. WE ARE A PARTICIPANT, I GUESS IS THE BEST WAY -- MUCH THE WAY THE CIGAR IS ACROSS THE ATRIUM AT THE AMILIE ARENA. >>JOSEPH CITRO: COUNCILMAN GUDES. >>ORLANDO GUDES: OUR DARDEN RESTAURANT CHAIN. AND YARD HOUSE OWNED. >>ORLANDO GUDES: A GOOD CHAIN. >>JOSEPH CITRO: ANY COMMENTS OR QUESTIONS? COUNCILMAN CARLSON. >>BILL CARLSON: I HAVE BEEN IN THE ONE IN ORLANDO. I WON'T TESTIFY ANYTHING BUT I HAVE BEEN ON THE ONE IN ORLANDO. MY QUESTION IS, IF YOU LOOK AT THE PLAN, IT IS BIG ON THE INSIDE, BUT THE OUTSIDE SPACE IS SMALLER. CAN YOU TELL US HOW OFTEN YOU ACTIVATE THE OUTSIDE SPACE AND WHAT IT IS USED FOR. >> THE SMALLER OUTSIDE SPACE WILL BE A PATIO WHEN THE WEATHER IS APPROPRIATE FOR THAT. AND THE LARGER -- WHEN YOU HAVE LARGE EVENTS IS THE ONLY TIME WE WOULD USE ALL OF THE OUTSIDE SPACE. SO IT IS MEANT TO BE INDOOR-OUTDOOR -- NOT INDOOR-OUTDOOR, BUT KIND OF LIKE A PARK AREA TUESDAY MORNING AT 10:00. AND THEN WHEN THERE IS AN EVENT AND YOU HAVE PEOPLE ALL OVER THE PLACE YOU USE THE LARGER AREA. >>BILL CARLSON: THANK YOU. >>JOSEPH CITRO: ANY OTHER COMMENTS OR QUESTIONS. >>CHARLIE MIRANDA: DOESN'T ANSWER THE HOURS OF OPERATION VERSUS THE MUSIC. WE DON'T KNOW THAT. THEY NEVER GAVE A DEFINITIVE ANSWER. I CAN'T MAKE A MOTION. THEY HAVE TO MAKE A MOTION. I DON'T KNOW WHAT THEY WANT. >> I COULD SPEAK TO MUSIC IF YOU WOULD LIKE TO. INTERNALLY FOCUSED THE SPEAKERS. THEY ARE NOT FOR OUTSIDE. LOUD ENOUGH FOR OUR GUESTS. WE ARE NOT TRYING TO DRIVE MUSIC OR DRIVE PEOPLE TO THE PLACE WITH OUR SPEAKER SYSTEM. IT IS APPROPRIATELY SIZED SO THAT YOU CAN HAEFR EITHER A GAME OR MUSIC WHILE YOU ARE IN OUR FACILITY. >>CHARLIE MIRANDA: LET ME CLARIFY THAT THE AMPLIFIED MUSIC DOES NOT GO OUTSIDE, JUST INSIDE? >> IT WOULD GO TO THE SIDEWALK OUTSIDE AND TWO BLOCKS AWAY, YOU WOULDN'T HEAR. >>CHARLIE MIRANDA: DEPENDS ON THE WIND AND WHAT KIND OF WEATHER. >> IT IS NOT MEANT TO BE HEARD MORE THAN ON OUR PROPERTY. IT'S -- THAT IS NOT THE GOAL. THAT IS NOT THE WAY IT IS SET UP. >>JOSEPH CITRO: MISS JOHNSON-VELEZ. >>SUSAN JOHNSON-VELEZ: SUSAN JOHNSON-VELEZ, LEGAL DEPARTMENT. I KNOW WE ARE TALKING OF A SPECIFIC BRAND AND RESTAURANT, COMPANY, BUT, AGAIN, THIS WET ZONES ZONING -- THIS AB PERMIT WILL TRAVEL WITH THE PROPERTY. WHATEVER LIMITATION YOU IMPOSE OR FAIL TO IMPOSE WILL TRAVEL WITH THIS PROPERTY REGARDLESS OF WHO THE OPERATOR IS IN THE FU FUTURE. >>JOSEPH CITRO: APPLICANT, I AM NOT FACING YOU, BUT YOU CAN STILL HEAR ME, CAN'T YOU? >> YES, SIR IN IROFULVEN MIRANDA WHAT DID YOU SAY ANY DIDN'T HEAR YOU. [LAUGHTER] >>JOSEPH CITRO: ANY COMMENTS OR QUESTIONS? COUNCILMAN CARLSON. >>BILL CARLSON: DO YOU -- TYPICALLY IN SITUATIONS WHERE FACILITIES LIKE THIS ARE IN NEIGHBORHOODS. WE ASK THE APPLICANT IF THEY WILL BE WILLING TO LIMIT THE OUTDOOR -- JUST OUTDOOR AMPLIFIED SOUND TO 10 OR 11:00. IS THAT -- IS THAT OKAY WITH YOU ALL OR BURDENSOME? >> IF OUR HOCKEY TEAM IS PLAYING ON THE WEST COAST PAST 11:00, THAT WILL BE A PROBLEM. BUT I DON'T THINK THAT IT WOULD BE -- I THINK THERE IS A DECIBEL LEVEL WE CAN AGREE TO OR SOMETHING LIKE THAT SO THAT THE NOISE IS NOT THAT LOUD. WE DON'T HAVE PROBLEMS OR COMMENTS ABOUT NOISE. IT HAS NEVER BEEN OUR CHALLENGE. >>JOSEPH CITRO: ANY OTHER COMMENTS OR QUESTIONS. >>GUIDO MANISCALCO: MOVE TO CLOSE. >>LUIS VIERA: SECOND. >>JOSEPH CITRO: ALL IN FAVOR. COUNCILMAN GUDES. YOU STILL HAVE YOUR MOTION ON THE FLOOR. >>ORLANDO GUDES: MOVED. >>GUIDO MANISCALCO: SECOND. >>JOSEPH CITRO: ROLL CALL VOTE. EXCUSE ME, ANY FURTHER DISCUSSION? I CAN'T SUPPORT THIS. I APOLOGIZE. NO, I DON'T. I CAN'T SUPPORT THIS. THE MAJOR HALL ACROSS THE STREET. NINE TIMES OUT OF TEN CLOSES AT 12:00 AND USUALLY -- I AM NOT GIVING EVIDENCE, BUT I SUPPOSE THEY WANE OFF THEIR ALCOHOL, LIQUOR AND BEER SALES AT A CERTAIN TIME BEN I WAS THERE. I CAN'T SUPPORT THIS. WE ARE HAVING ENOUGH PROBLEMS DOWN IN CHANNELSIDE WITH AMPLIFIED MUSIC. I DON'T THINK WE NEED TO ADD TO THIS. AND I PERMANENTLY DON'T THINK THEY ARE ANOTHER PACKAGE STORE THAT NEEDS TO BE DOWN THERE. THAT IS JUST MY OPINION ANY OTHER COMMENTS? >>BILL CARLSON: POLICE JOHNSON-VELEZ. CAN WE -- SORRY I AM CONFUSED IF WE CHANGED SOMETHING, BUT ARE WE ALLOWED TO ADD THAT -- THE LIMITATION ON OUTDOOR AMPLIFIED SOUND. DOES THE APPLICANT HAVE TO REQUEST IT, OR CAN I PUT IT ON HERE OR STRAIGHT UP AND DOWN ON HERE. >>SUSAN JOHNSON-VELEZ: RIGHT NOW THERE IS -- THE NOISE ORDINANCE. WE HAVE GOT -- KIND OF IN LIMBO. SO TYPICALLY YOU ASK THE APPLICANT IF THEY ARE WILLING TO AGREE TO IT. >>JOSEPH CITRO: I BELIEVE COUNCILMAN MIRANDA DID THAT. >>SUSAN JOHNSON-VELEZ: REMIND COUNCIL SEEKING THREE WAIVERS. THE DISTANCE SEPARATION FROM 1,000 FEET DOWN TO 65 FEET FROM THIS ESTABLISHMENT TO RESIDENTIAL USES. SO CERTAINLY COUNCIL IS ENTITLEDED TO CONSIDER WHETHER THAT IS COMPATIBLE OR IF THE WAIVER HAS BEEN JUSTIFIED. >>MARTIN SHELBY: THE HEARING HAS BEEN CLOSED, IS THAT CORRECT? >>JOSEPH CITRO: YES, IT HAS. >>MARTIN SHELBY: IF THAT IS A SUBJECT THAT THE COUNCIL WISHES TO EXPLORE YOU NEED TO REOPEN THE HEARING. >>JOSEPH CITRO: A REQUEST TO REOPEN THE HEARING. I DIDN'T MAKE THE MOTION. I SAID A REQUEST TO REOPEN THE HEARING. MOTION MADE BY COUNCILMAN VIERA SECONDED BY COUNCILMAN CARLSON. ALL IN FAVOR -- >>SUSAN JOHNSON-VELEZ: SUSAN JOHNSON-VELEZ, LEGAL DEPARTMENT. MY ANSWER WAS TYPICALLY -- BECAUSE THE NOISE ORDINANCE IS STILL IN FLUX, NO LIMITATIONS ON OUTDOOR AMPLIFIED SOUND IN THE CODE AND TYPICALLY YOU WOULD ASK A APPLICANT TO AGREE TO LIMIT OUTSIDE AMPLIFIED SOUND. I WANT TO REMIND COUNCIL REQUESTING THREE WAIVERS ONE OF WHICH IS TO REDUCE THE DISTANCE SEPARATION FROM RESIDENTIAL USES WHICH IS REQUESTING TO GO FROM 1,000 FEET DOWN TO 65 FEET. I AM SORRY, COUNCIL, IF I COULD JUST -- THIS IS ALSO -- THIS AREA ALTHOUGH IT IS KIND OF NEAR THE EDGE OF THE TWO DISTRICTS, THIS IS WITHIN THE ARENA DISTRICT WHERE SOUND IS MEASURED ON A DECIBEL STANDARD. SO THAT MAXIMUM DECIBEL LEVEL IS 87 DECIBELS. >>JOSEPH CITRO: MR. SHELBY. >>MARTIN SHELBY: I WILL DIRECT YOUR ATTENTION TO THE STAFF REPORTS. PARTICULARLY THE STAFF REPORT OF THIS CASE. AND DIRECT YOUR ATTENTION AND YOU 27-129 WITH REGARD TO THIS, AS WELL AS MISS JOHNSON-VELEZ STATED THE REQUIREMENT OF MEETING THE NECESSARY REQUIREMENTS FOR GRANTING OF A WAIVER. SO I WOULD DIRECT YOUR ATTENTION TO THAT IN YOUR DETERMINATION AND TO APPLY THE CODE ON YOUR DECISIONS BASED ON THAT AND NOT ON ANY NECESSARILY OUTSIDE EVIDENCE AND EVIDENCE THAT YOU MAY HAVE PERSONAL KNOWLEDGE YOURSELF AND IF YOU HAVE ANY PARTICULAR QUESTIONS SURROUNDING -- REGARDING THE SURROUNDING AREA. YOU HAVE THE HEARING OPEN NOW AND THIS IS YOUR OPPORTUNITY TO ASK MISS BARNES AND ANY QUESTIONS OF THE STAFF REPORT, YOU CAN ASK MISS BARNES. CITRO. >>JOSEPH CITRO: COUNCILMAN GUDES. >>ORLANDO GUDES: YOU SAID THIS LAND IS IN THE ARENA DISTRICT? >>SUSAN JOHNSON-VELEZ: THAT'S CORRECT. >>ORLANDO GUDES: NOT IN THE CHANNEL DISTRICT. >>SUSAN JOHNSON-VELEZ: THE ARENA DISTRICT. >>ORLANDO GUDES: ALLOWS FOR DIFFERENT SOUNDS IN THE ARENA DISTRICT. >>SUSAN JOHNSON-VELEZ: ALLOWS ON A DECIBEL RATHER THAN PLAINLY AUDIBLE. >>ORLANDO GUDES: NOT A NIGHT CLUB, A RESTAURANT. >>SUSAN JOHNSON-VELEZ: MY UNDERSTANDING IT IS A RESTAURANT. >>BILL CARLSON: YEAH, WE ASKED THE QUESTION INDIRECTLY. BUT ASK THE APPLICANT WHO IS ON SCREEN. WOULD YOU BE WILLING TO ACCEPT ENDING AMPLIFIED OUTDOOR SOUND AT 11:00? >> IF THAT IS THE COUNCIL'S REQ REQUEST, WE CAN DEFINITELY ABIDE BY THAT. >>SUSAN JOHNSON-VELEZ: THAT WOULD BE A CONDITION ADDED. >>JOSEPH CITRO: MISS JOHNSON-VELEZ, DISTANCE SEPARATION BETWEEN RESIDENTIAL AREAS. >>SUSAN JOHNSON-VELEZ: RESIDENTIAL BETWEEN INSTITUTIONAL USES AND FROM OTHER AB ESTABLISHMENTS. >>JOSEPH CITRO: EVEN THOUGH THIS IS THE ARENA DISTRICT, THERE ARE STILL RESIDENTS LIVING WITHIN THAT AREA, DISTANCE SEPARATION. >>MARTIN SHELBY: MR. CHAIRMAN, THAT WOULD BE A QUESTION ANSWERED BY STAFF EITHER BY PICTURES. >>JOSEPH CITRO: NOT ONLY AB SALES BUT RESIDENTIAL. >>ANNIE BARNES: CORRECT, AB AND RESIDENTIAL USES. >>JOSEPH CITRO: POINT I AM TOO IG TO GET TO IS RESIDENTIAL. >>MARTIN SHELBY: I AM SORRY, MR. CHAIRMAN. >>JOSEPH CITRO: JUST BECAUSE IT IS THE ARENA DISTRICT HE DOESN'T MEAN IT IS JUST A WILD WEST SHOW. THERE ARE RESIDENTS? >>ANNIE BARNES: CORRECT. >>MARTIN SHELBY: MR. CHAIRMAN, IF YOU CAN. SHE DIDN'T SPECIFY SPECIFICALLY THE DIFFERENCES OF THE DISTANCE OF DIFFERENT CATEGORIES OF DISTANCE SEPARATION. >>ANNIE BARNES: ANNIE BARNES, DEVELOPMENT COORDINATION. THE REQUEST IS TO REDUCE THE DISTANCE FROM OTHER INAB SALES ESTABLISHMENTS FROM 1,000 FEET TO 65 FEET. RESIDENTIAL USES 1,000 TO 65 FEET. AS WELL AS INSTITUTIONAL USES 1,000 TO 378. HOWEVER, IT IS MY UNDERSTANDING THAT THE INSTITUTION -- SORRY, THE RESIDENTIAL USE AND OTHER AB SALES ESTABLISHMENTS. THE AB SALES ESTABLISHMENT IS IN THE SAME BUILDING AS THE RESIDENTIAL USE IT MY UNDERSTANDING. SO IT MIGHT BE A CONVENIENCE STORE OR WHAT NOT THAT HAD AB SALES. >>JOSEPH CITRO: JUST RESIDENTIAL. >>ANNIE BARNES: YES. >>JOSEPH CITRO: ANY OTHER COMMENTS OR QUESTIONS. >>ORLANDO GUDES: MOVE TO CLOSE. >>JOSEPH CITRO: MR. CARLSON, DID YOU GET YOUR QUESTION ANSWERED ABOUT AMPLIFIED SOUND? >>BILL CARLSON: LIKE YOU SAID, NO CLEAR YES. SO I -- >>JOSEPH CITRO: SO UNLESS YOU WANT TO PURSUE IT A LITTLE BIT MORE, WE WILL GO TO COUNCILWOMAN HURTAK. >>LYNN HURTAK: THAT WILL BE MY QUESTION. DO -- DO WE HAVE THEM SAYING THAT OUTSIDE NO AM POLICE TIDE SOUND AFTER 11:00. IF NOT, IT WILL BE HARD FOR ME TO SUPPORT THIS. >>ANNIE BARNES: ANNIE BARNES LAND DEVELOPMENT COORDINATION. THAT IS CURRENTLY NOT ON THE SITE PLAN AND WILL NEED TO BE ADDED BETWEEN FIRST AND SECOND READING. >>JOSEPH CITRO: COUNCILMAN MANISCALCO. >>GUIDO MANISCALCO: BRETT, WILL YOU ACCEPT PUTTING ON THE SITE PLAN THAT YOU WILL END THE AMPLIFIED MUSIC AT 11 P.M.? OR ANY AMPLIFIED SOUND, OUTDOOR? >> YES. >>GUIDO MANISCALCO: THERE YOU GO. THANK YOU. >>JOSEPH CITRO: COUNCILMAN GUDES. >>ORLANDO GUDES: I AM A LITTLE SYMPATHETIC RIGHT NOW. I GUESS I AM A LITTLE SYMPATHETIC RIGHT NOW BECAUSE THEY ARE RIGHT ACROSS FROM THE HOCKEY ARENA. I LOOK AT ALL THE OTHER BUSINESSES AROUND THERE AND I WOULD HATE THAT HE IS RIGHT -- IF ON THE WEST COAST A GAME PLAYING, THAT WILL BE A LITTLE LATER THAN 10 OR 11:00. THAT WOULD BE UNFAIR FOR THAT BUSINESS THERE. AND I DON'T THINK WHAT THEY ARE DOING IS GOING TO BE A LOT, LOT -- A PROBLEM THAT WE WILL BE HAVING AND I WOULD HATE FOR THEIR BUSINESS TO BE HURT GIVING RESTRICTIONS AND RIGHT ACROSS FROM THE ARENA. THAT IS A PROBLEM. >>JOSEPH CITRO: COUNCILMAN MANISCALCO. >>GUIDO MANISCALCO: I NOTICED IN THE IMAGES OF THE -- WHERE THIS PROPERTY WILL GO, NO ONE MENTION THAT THERE IS THE ADDITION HOTEL WITH A ROOFTOP SWIMMING POOL THAT HAS A DEEJAY THAT PLAYS MUSIC AND ALL OUTDOORS. NOBODY MENTIONED THAT. I AM JUST SAYING IT IS THERE. I THINK THIS WHOLE CONVERSATION IS OVERLY COMPLICATED. >>JOSEPH CITRO: AGAIN, I AM -- COUNCILWOMAN HURTAK AND -- I WILL TELL YOU MY REAL REASON. >>LYNN HURTAK: YOU KNOW, I WISH WE COULD -- I WISH WE COULD DIVIDE BETWEEN MUSIC AND A GAME ON. AND I DON'T THINK WE CAN. AND SO I -- I TEND TO AGREE WITH YOU. THIS IS LITERALLY ACROSS THE STREET FROM THE STADIUM WHICH IS WHY I WANTED TO SEE THE SITE PLAN, BECAUSE I WANTED TO SEE THAT THE NOISE IF AMPLIFIED IS FACING OUT. I KNOW -- -- YEAH, IT IS GRAY, BUT -- I AM NOT -- I AM -- WELL, YES. I -- I WILL SUPPORT THIS WITHOUT THE TIME LIMITATIONS JUST BECAUSE I FEEL THAT COUNCILMAN GUDES MADE GOOD POINTS. >>JOSEPH CITRO: WELL, I CANNOT SUPPORT IT. PACKAGE SALES. I WILL BE QUITE HONEST WITH YOU ABOUT THAT. WE HAVE A MOTION TO CLOSE. >>GUIDO MANISCALCO: SO MOVED. >>ORLANDO GUDES: SECOND. >>JOSEPH CITRO: MOTION TO CLOSE BY COUNCILMAN MANISCALCO. SECONDED BY COUNCILMAN GUDES. COUNCILMAN GUDES, YOUR MOTION STANDS. COUNCILMAN MANISCALCO, DOES THAT STILL STAND. >>GUIDO MANISCALCO: YES. >>CHARLIE MIRANDA: NO. >>LYNN HURTAK: YES. >>BILL CARLSON: NO. >>ORLANDO GUDES: YES. >>LUIS VIERA: YES. >>GUIDO MANISCALCO: YES. >>ORLANDO GUDES: SHE WILL GET IT RIGHT. >>JOSEPH CITRO: NO. >>CLERK: MOTION CARRIED WITH MIRANDA, CARLSON, CITRO VOTING NO. SECOND READING AND ADOPTION WILL BE HELD ON NOVEMBER 17, 2022 AT 9:30 A.M. >>JOSEPH CITRO: AGENDA ITEM NUMBER 8, AB 2-# 2-24. >>ANNIE BARNES: ANNIE BARNES, DVELOPMENT COORDINATION. AB 2-22-24. REQUEST FOR 1602 WEST SNOW AVENUE. FOR BEER, WINE AND LIQUOR, ON PREMISE AND OFF-PREMISE PACKAGE CONSUMPTION. TOTAL AB SALES AREA IS 3324 SQUARE FEET. I WOULD LIKE TO MAKE A CORRECTION ON -- FOR THE RECORD. BASED UPON THE STAFF REPORT, THE STAFF REPORT IMCATES 2287 SQUARE FEET OF INDOOR AREA. I TRANSPOSED TWO NUMBERS AND SHOULD BE 2827 SQUARE FEET. THE APPLICANT IS REQUESTING A DISTANCE SEPARATION FROM OTHER AB SALES ESTABLISHMENTS FOR 250 FEET TO ZERO FEET. THIS PROPERTY IS LOCATED WITHIN THE HYDE PARK URBAN VILLAGE. AND THE SUITE IS ABOUT RIGHT HERE. THIS IS THE SUBJECT PROPERTY CURRENTLY RIGHT HERE ON THE CORNER. DIRECTLY WEST OF THE SUBJECT SITE. AND NORTHEAST. AND SOUTHEAST OF THE SUBJECT SITE. STAFF FOUND THE REQUEST INCONSISTENT BASED ON THE DISTANCE SEPARATION REQUESTED. AND I AM AVAILABLE FOR ANY QUESTIONS. >>JOSEPH CITRO: COUNCILMAN MANISCALCO. >>GUIDO MANISCALCO: I THOUGHT THIS WAS -- THAT WE HEARD THIS YEARS AGO. >>ANNIE BARNES: CORRECT. >>GUIDO MANISCALCO: AN EXPANSION OF THE ORIGINAL SQUARE FOOTAGE? >>ANNIE BARNES: CORRECT. ON THE STAFF REPORT, IT WAS PREVIOUS ME -- AB-21-08. AND THEY ARE ADDING ADDITIONAL SQUARE FOOTAGE. >>GUIDO MANISCALCO: ALL RIGHT, THANK YOU. >>JOSEPH CITRO: PETITIONER. >> GOOD EVENING, COUNCIL. COLIN RICE FOR THE APPLICANT, BOUZY LCC WITH LIZ KELLER WITH OUR LAW FIRM, 101 E. KENNEDY BOULEVARD, SUITE 2800, TAMPA, FLORIDA, 33602. YOU ARE CORRECT. THIS SHOULD LOOK FAMILIAR. WE WERE BACK BEFORE YOU FEBRUARY OF LAST YEAR. AND THAT IS BECAUSE -- THIS IS REALLY JUST A CORRECTION TO A NEW AND INCREASED INTERIOR S SPACE. SO I WILL DETAIL THE CHANGES AND WILL BE HAPPY TO ANSWER ANY QUESTIONS. BUT THIS IS A RESTAURANT. THE APPROVED USE EXISTING BEER, WINE AND LIQUOR ON PREMISE. PACKAGE SALES OFF-PREMISE CONSUMPTION. NONE OF THAT IS CHANGING. ALL OF THIS IS REMAINING THE SAME. NEXT. JUST TO ORIENT YOU AGAIN, WE ARE IN HYDE PARK VILLAGE KIND OF ACROSS THE STREET FROM THE CORNER OF SOUTH ROME AND WEST SNOW. NEXT. AND TO DETAIL THE CHANGES, THIS IS THE APPROVED SITE PLAN IN EXISTENCE. THIS ESTABLISHMENT IS GOING IN AND APPROVED. BUT I WANT TO POINT OUT FOR YOU THE AREA IN QUESTION HERE. WE HAVE GOT THE EXISTING APPROVED SPACE HERE. AND THE NEXT SLIDE, WE WILL SHOW YOU HIGHLIGHT IN YELLOW WHERE WE HAVE EXPANDED. AND SO THE NEXT SLIDE WE ARE GOING TO ZOOM IN A LITTLE BIT AND SHOW YOU PREVIOUSLY APPROVED LIFE SAFETY PLAN WE ARE TALKING ABOUT. THIS IS THIS SPACE HERE. NEXT SLIDE. AND SO OUR PROPOSED LIFE SAFETY PLAN, WHAT HAD HAPPENED HERE, THERE WAS A CEILING HEIGHT ISSUE WITH THE BEAM. IT WAS TOO SHORT. SO WHAT HAD HAPPENED ALONG -- WHERE LIZ IS POINTING, THAT IS UNION USABLE SPACE AND TOO SHORT. SO COME IN FROM THE TOP LEFT. AND IN RECONFIGURING THE SPACE, THERE WAS OPPORTUNITY TO GO TOWARD THE GARAGE PREDOMINANTLY FOR AUGMENTED KITCHEN SPACE. THE MAJORITY OF THE EXPANSION NOT FOR OCCUPANT USE BUT A MORE ROBUST KITCHEN AND TAKE AWAY FROM THE BAR TOP AREA THAT PREVIOUSLY WAS APPROVED. NEXT SLIDE. THE SAME BUSINESS PLAN. SAME DESIGN AESTHETIC. SAME TENANT. WE WANT TO CALL OUT AND EXPLAIN WHY THE INCREASE IS THERE, THE OPERATIONAL ADVANTAGES INHERENT WITH THIS. MISS BARNES DID POINT OUT THE SEPARATION WAIVER. THE SAME WAIVER THAT WAS APPROVED PREVIOUSLY. THE SAME BUILDING OF MEAT MARKET AND NOTHING ON THE GROUND THAT CHANGED. SUFFICIENTLY PARKED. SURPLUS OF PARKING WITHIN THE OVERALL SITE. WITH THAT, I RESPECTFULLY REQUEST YOUR APPROVAL AND HAPPY TO ANSWER ANY QUESTIONS. >>JOSEPH CITRO: COUNCILMAN MANISCALCO. >>GUIDO MANISCALCO: ARE YOU GOING TO HAVE ANY OUTDOOR AMPLIFIED SOUND OR MUSIC? >> NO. AN OUTDOOR SPACE AND JUST DINING TABLES AND NOT INTENDED FOR THAT. >>GUIDO MANISCALCO: AWESOME, THANKS. >>JOSEPH CITRO: ANYONE ELSE? DID YOU HAVE PACKAGE SALES BEFORE? >> YES, SIR. >>JOSEPH CITRO: YOU DID? >> WE DID. >>JOSEPH CITRO: OKAY, THANK YOU. >> YOU ARE WELCOME. >>JOSEPH CITRO: ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK TO THIS? SEEING NONE. >>GUIDO MANISCALCO: MOVE TO CLOSE. >>CHARLIE MIRANDA: SECOND. >>JOSEPH CITRO: ALL IN FAVOR. COUNCILMAN MIRANDA. >>CHARLIE MIRANDA: THANK YOU MR. CHAIRMAN, ITEM NUMBER 8, FILE NUMBER AB 2-22-24, ORDINANCE BEING PRESENTED FOR FIRST READING CONSIDERATION. ORDINANCE APPROVING A SPECIAL USE PERMIT SU-# FOR ALCOHOLIC BEVERAGE SALES, SMALL VENUE CONSUMPTION ON PREMISE AND PACKAGE SALES OFF-PREMISE CONSUMPTION AND MAKING LAWFUL THE SALE OF BEVERAGES REGARDLESS OF BEER, WINE AND LIQUOR AT OREGON FROM THAT CERTAIN LOT, PLOT OF LAND LOCATED 600 # SNOW AVENUE AS MORE PARTICULARLY DESCRIBED IN EXCEPTION 3 PROVIDING ALL ORDINANCES ARE REPEALED. PROVIDING ORDINANCE NUMBER 2021-43 PROVIDING AN EFFECTIVE DATE. >>GUIDO MANISCALCO: SECOND. >>JOSEPH CITRO: A MOTION MADE BY COUNCILMAN MIRANDA. SECONDED BY COUNCILMAN MANISCALCO. ROLL CALL VOTE. >>LYNN HURTAK: YES. >>BILL CARLSON: YES. >>ORLANDO GUDES: YES. >>LUIS VIERA: YES. >>GUIDO MANISCALCO: YES. [ APPLAUSE ] >>CHARLIE MIRANDA: YES. >>JOSEPH CITRO: YES. >>CLERK: MOTION CARRIED UNANIMOUSLY. SECOND READING AND ADOPTION WILL BE HELD NOVEMBER 17, 25022 AT 9:30 A.M. >>JOSEPH CITRO: BEFORE WE GO TO INFORMATION REPORTS, MR. SHELBY, HANDED US THIS PAPER. I AM SURE IT IS FOR -- >>MARTIN SHELBY: TUESDAY. >>JOSEPH CITRO: A DISCUSSION YOU WANT TO SAY ANYTHING CONCERNING. >>MARTIN SHELBY: YES, MAY I. I WANT TO MAKE THIS VERY BRIEF BECAUSE I DON'T WANT TO TAKE UP THE TUESDAY SPECIAL CALL WITH THIS HOUSEKEEPING. PASSED OUT PROVIDED BY THE FACILITATOR REVISED AS OF ACTUALLY TODAY THE AGREED UPON PROCESS THAT I WANTED TO SHARE WITH YOU, CITY COUNCIL, SO YOU HAVE THE OPPORTUNITY IN ADVANCE. SHE IS AWARE OF THE PROCESS THAT HAS BEEN ADOPTED BY COUNCIL AS PROPOSED BY COUNCIL MAN CARLSON THANK YOU. AND THAT IS THE FORMAT THAT THIS WILL TAKE PLACE. I AM GOING TO DIRECT YOUR ATTENTION FOR CLARIFICATION. IF YOU LOOK AT THE CALENDAR FOR NOVEMBER 1, YOU WILL SEE THERE ARE THREE PREVIOUS MOTIONS THAT WERE MADE FOR THAT DATE. AND THAT WAS BEFORE WE HAD THE FACILITATOR SIGNED ON. AND I DON'T WANT THAT TO CAUSE ANY CONFUSION ON TUESDAY, SO WE CAN JUST ROLL THAT IN ALL TOGETHER OR SOME OF THEM CAN BE STRUCK, FOR INSTANCE, COUNCIL, I DON'T KNOW WHETHER YOU WANT TO MAKE IT A CHARTER QUESTION WHAT HAPPENS WHEN A CITY COUNCIL ATTORNEY IS NOT AVAILABLE. WE CAN CHANGE THAT TO ANOTHER DATE AND NOT HAVE THAT ON THE DISCUSSION ON TUESDAY. AND UNLESS YOU THINK THAT IS RELATIVE TO THE CHARTER. THE SAME FOR THE OTHER TWO ITEMS THERE. SO WE CAN HAVE THAT ALL APPEAR ON THE CHARTER -- ON THE AGENDA, I JUST WANTED TO BE CLEAR THAT EVERYTHING WILL BE ROLLED INTO THE FACILITATED DISCUSSION UNLESS YOU FEEL DIFFERENTLY. AND IF THERE IS ANYTHING WOULD YOU LIKE TO TAKE OFF. ONE OF THEM I WOULD RECOMMEND IS DISCUSSION OF GOING OUT ON A TANGENT OF THE CITY COUNCIL ATTORNEY AND AT THE END OF THE MEETING AND SAVE TIME ON THAT. BUT YOUR CALL. >>JOSEPH CITRO: COUNCILMAN MANISCALCO. >>GUIDO MANISCALCO: THANK YOU VERY MUCH FOR BRINGING THIS TO US NOW SO WE KNOW IN ADVANCE A PLAN TO FOLLOW. I THINK THIS IS VERY WELL ORGANIZED. AS YOU MENTIONED, THERE ARE THREE ITEMS THERE ON THE CALENDAR. AND SHOULD WE -- I THINK WE WILL GET TO IT ON TUESDAY. IF WE FEEL IT NOT NECESSARY TO DISCUSS A CERTAIN TOPIC AS YOU MENTIONED, WE CAN PUT IT TOWARD A STAFF REPORT SO WE DON'T SPEND -- WE FOCUS ON THE ISSUE OF THE CHARTER AND THAT IS WHAT WE ARE HERE FOR, WHICH IS SEPARATE FROM THE COUNCIL ATTORNEY DISCUSSION. SURE WE HAVE THIS. AND THESE GUIDELINES AND TIME ALLOTMENT THAT WE CAN GO ON OR OFF THAT WITH THE FACILITATOR. I THINK IT IS VERY GOOD. A STRUCTURE FOR TUESDAY AND NOT WALKING INTO THIS BLINDLY WHERE WE DON'T KNOW THE PROTOCOLS. I THINK THIS IS VERY, VERY HELPFUL. >>MARTIN SHELBY: SO THE PUBLIC KNOWS AND THE WAY IT WAS NOTICED THAT THE PUBLIC COMMENT IS TAKEN UP FRONT. OF COURSE YOU HAVE THE RIGHT TO ASK QUESTIONS OF ANYBODY PRESENT AT THE WORKSHOP AS YOUR RULES WILL ALLOW AND YOU CAN CERTAINLY AMEND YOUR RULES AS YOU ARE FINDING THEM IF THIS HE NEED TO BE, BUT I WANTED TO BE CLEAR TO GET THAT OUT OF THE WAY TONIGHT. THANK YOU, MR. CHAIRMAN, FOR ALLOWING ME TO DO THAT TONIGHT SO WE DON'T TAKE UP TIME CONTINUE TO TUESDAY. >>JOSEPH CITRO: COUNCILWOMAN HURTAK. >>LYNN HURTAK: THAT MOTION WAS MINE IF THE CITY ATTORNEY OR OTHERS IN THE CITY SHOULD BE AVAILABLE -- OH, NO, I AM SORRY. >>MARTIN SHELBY: THEY ALL ROLLED IN AT ONE POINT IN TIME WITH THE CONTINUANCES. >>LYNN HURTAK: THE REASONING I HAD THE DISCUSSION ABOUT WHAT HAPPENS WHEN OUR COUNCIL ATTORNEY IS ABSENT BECAUSE THAT GOES TO STAFFING. AND RIGHT -- THAT IS IN THE CHARTER THAT WE CAN HAVE AN ATTORNEY AND I WASN'T SURE IF IT WAS MORE THAN ONE AND TALKED ABOUT GETTING AN ASSISTANT. TO ME THAT IS A CHARTER ISSUE, BUT THE DISCUSSION -- THE DISCUSSION OF STAFF FOR CITY COUNCIL AND THAT WAS THE REASON THAT I ADD IT TO THIS PAR PARTICULAR, THAT I WANT IT FOR THIS PARTICULAR MEETING. >>MARTIN SHELBY: THANK YOU FOR THAT. I UNDERSTAND THAT COMPLETELY. >>JOSEPH CITRO: COUNCILMAN CARLSON. THANK YOU. >>BILL CARLSON: THREE THINGS REAL FAST. MARTY, I THINK WE OUGHT TO ADD THE GUIDELINES THAT WE -- THAT WE APPROVED A FEW -- A COUPLE OF MONTHS AGO WHICH SHOULD SAY EACH COUNCILMEMBER WILL PRESENT THEIR IDEAS AND THEN THERE WILL BE AN UP AND DOWN -- SHORT DISCUSSION, UP AND DOWN VOTE, AND KEEP MOVING THEY DON'T HAVE TO BE HOUR-LONG CONVERSATIONS. BUT SECOND CONVERSATIONS. SECONDLY, THREE SPECIFIC THINGS LISTED HERE BUT KEEP IN MIND THE BEGINNING OF NUMBER TWO IS THE BROAD DISCUSSION OF CHARTER AMENDMENTS. SO THEN MENTIONS A SPECIFIC ONE AFTERWARDS, BUT IT IS NOT -- THE PROPOSAL -- EVERYBODY WILL BRING THEIR OWN IDEAS. AND I IMAGINE MOST OF THE IDEAS WILL GET SHOT DOWN. THE ONLY THING I WILL SAY IS THAT THERE IS A LOT OF LOBBYING GOING ON AND MISINFORMATION OUT THERE. I WOULD JUST ASK MY COLLEAGUES, THE.PUBLIC ADMINISTRATION. NOBODY WILL APPROVE SOMETHING THAT WILL HURT THE CITY. LET'S ALL BE OPEN TO EACH OTHER'S IDEAS AND HEAR WHAT THEY ARE. IF THERE ARE SOME THINGS WE NEED TO CLEAN UP. NOT INFRINGING ON EVERYBODY'S TURF AND THREATENING ANYBODY OR POWER PLAY THAT IF THESE GET APPROVED THAT IT HURTS SOMEBODY AND SOMEBODY WON. LET'S HAVE THE MIND SET TO HELP THE PUBLIC AND MAKE SURE THIS GOVERNMENT RUNS AS WELL. IF WE THINK WE CAN HELP IT RUN EVEN BETTER WE SHOULD APPROVE SOME OF THESE THINGS. EVEN IF WE DO APPROVE THEM, WE HAVE ONE OR TWO MORE CHANCES TO CHANGE THEM. THANK YOU. >>JOSEPH CITRO: COUNCILMAN GUDES. >>ORLANDO GUDES: THANK YOU, MR. CARLSON. I WOULD LIKE TO THANK COUNCILMAN CARLSON FOR THAT RENDITION. YOU ARE RIGHT. A FEW OF US SAT ON THE CHARTER REVIEW. AND, BOY, WE -- WE DIDN'T KNOW WHAT WE KNOW NOW, GOING TO BE HONEST WITH YOU. WITH ANYTHING, AS TIME GOES ON. THINGS CHANGE AND YOU FIND OUT THINGS THAT NEED TO BE CHANGED. LET'S NOT BE SO NERVOUS BECAUSE OF THE TIME OR OFFEND SOMEBODY OR HURT A CERTAIN BODY. BUT AGAIN LOOK WHAT IS RIGHT FOR THE PEOPLE OF THE CITY. THINGS DO CHANGE AND MR. SHELBY. I KNOW YOU HAVE A FEW OF MY QUESTIONS. >>MARTIN SHELBY: EVERYBODY. >>ORLANDO GUDES: BUT I KNOW YOU HAVE A FEW OF MINE. I THINK THERE ARE ABOUT TWO OR THREE. BUT, AGAIN, I WANT EVERYBODY TO BE IN A RESPECTFUL PLACE AND LISTEN TO EVERYBODY AND HAVE AN OPEN MIND TO WHAT SOME PEOPLE MAY BE PROPOSING. >>JOSEPH CITRO: COUNCILMAN VIERA. >>LUIS VIERA: ONE THING I WILL ASK COUNCILMEMBERS TO DO, THIS MAY BE FOR A MALL MY SNORT OF THEM, BUT THE CHARTER IDEAS IF THEY CAN BE ACCOMPLISHED BY ORDINANCE I HAVE ONE THAT I SUBMITTED FORWARD THAT I THOUGHT WAS UNIQUELY FOR THE CHARTER. AND APPARENTLY I WAS WRONG. SO JUST DOUBLE CHECK ON THAT BECAUSE MAKE WE CAN ACCOMPLISH SOMETHING OUTSIDE OF THE CHARTER MAKING IT A LOT EASIER IF THE BODY WANTS TO PROCEED. MY THOUGHT. >>MARTIN SHELBY: ONE FINAL THING FOR MR. CARLSON. YOUR PROPOSAL WAS PROPOSED EARLIER -- SEVERAL WEEKS AGO AND YOU SAID IT WAS ORIGINALLY TO COME BACK ON NOVEMBER 3. I SENT OUT A MEMO RECENTLY TALKING OF THE TIME LINE IT WOULD TAKE TO BE ADOPTED. A SHORT TURN-AROUND TIME BUT PROBABLY THE BEST TIME FOR FIRST READING AND WE CAN TALK ABOUT THIS ON TUESDAY ON THAT AGENDA WILL BE DECEMBER 1 FOR FIRST READING IF ANYTHING THAT COUNCIL CHOOSES TO GO FORWARD WITH. >>BILL CARLSON: DO WE NEED TO SCHEDULE THAT? ? >>MARTIN SHELBY: THAT IS TUESDA IF YOU CHOOSE TO DO IT. >>JOSEPH CITRO: INFORMATION REPORT. >>CHARLIE MIRANDA: NONE. >>JOSEPH CITRO: COUNCILMAN GUDES. >>ORLANDO GUDES: GIVING POSTHUMOUSLY TO SENIOR PASTOR ROBERT FUSTER FOR HIS LEADERSHIP AND COMMITMENT TO THIS COMMUNITY AND IMPACT TO THE CITY OF TAMPA. HE WAS TRAGICALLY KILLED IN A CAR ACCIDENT, MY UNDERSTANDING. HE GAVE IN THE NORTH TAMPA AREA, HE USED TO GIVE OUT ALL THE TURKEYS AND FOOD AT THE BIG AT UNIVERSITY SQUARE MALL. >GUIDO MANISCALCO: SECOND. >>JOSEPH CITRO: MOTION MADE BY COUNCILMAN GUDES. SECONDED BY COUNCILMAN MANISCALCO. ALL IN FAVOR. IS THAT ALL, COUNCILMAN GUDES? >>ORLANDO GUDES: THAT'S ALL. >>LYNN HURTAK: NONE. >>GUIDO MANISCALCO: THANK YOU VERY MUCH, MR. CHAIRMAN. I WAS AT THE SONS OF ITALY HALL THE OTHER DAY AND THEY ASKED ME IF I KNEW ANYBODY IN THE CITY THAT WOULD BE ABLE TO GIVE THEM A COMMENDATION. AND I SAID I KNOW A GUY. AND THE COMMENDATION WOULD BE FOR COLUMBUS DAY TO BE PRESENTED TO THE SONS OF ITALY. THEY HAVE THEIR CHRISTOPHER COLUMBUS SECTION INSIDE. AND TO PRESENT THEM A COMMENDATION FOR THAT. ALSO, I BELIEVE THE LODGE HAS BEEN THERE SINCE 196 #. SO THEY ARE CELEBRATE -- 1962 AND THEY ARE CELEBRATING 60 YEARS THIS AND THE 100 ANNIVERSARY COMING UP. IT IS A COMMENDATION I WILL PROVIDE ON-SITE THEM AT A FUTURE DATE. >>LUIS VIERA: SECOND. >>JOSEPH CITRO: ALL IN FAVOR. >>GUIDO MANISCALCO: A COUPLE OF MOTIONS HERE. NUMBER ONE A REQUEST FROM THE WELCOME TO REMOVE 22-12 FROM THE ADOPTION PUBLIC HEARING SCHEDULED ON JANUARY 26, 2023 AT 5:01 P.M. >>LUIS VIERA: SECOND. >>JOSEPH CITRO: MOTION MADE AND ALL IN FAVOR. >>GUIDO MANISCALCO: THEN A MOTION THAT STEVEN BENSON PROVIDE A STAFF REPORT AT THE REGULAR SESSION MEETING DECEMBER 1 ON THE WEST TAMPA OVERLAY CODE CHANGES BY THE WEST TA TAMPA CRA-CAC. >>LUIS VIERA: SECOND. >>JOSEPH CITRO: ALL IN FAVOR. >>GUIDO MANISCALCO: AM I WRONG. A BIRTHDAY COMING UP HERE NEXT WEEK? ARE YOU SURE, NO? CHARLIE BIRTHDAY? >>GUIDO MANISCALCO: NO BIRTHDAYS? >>CHARLIE MIRANDA: I AM GOING TO BE 28. >>GUIDO MANISCALCO: HAPPY 28th BIRTHDAY TO COUNCILMEMBER MIRANDA. [ APPLAUSE ] AND THAT'S IT, THANK YOU. >>JOSEPH CITRO: COUNCILMAN VIERA. >>LUIS VIERA: YES, REALLY FAST. I MOTIONED IT JANUARY 10. CITY OF TAMPA TO ANDREW CARTER AND DARLA PORTMAN SEPARATELY FOR PBA. THEY ARE BOTH LEAVING THEIR POSITIONS. >>JOSEPH CITRO: A MOTION MADE BY COUNCILMAN VIERA -- >>LUIS VIERA: JANUARY 10. >>JOSEPH CITRO: SECONDED BY COUNCILMAN MANISCALCO. ALL IN FAVOR. >>LUIS VIERA: REALLY FAST. I MOTION FOR A REPORT OF BETTER UTILIZING EXISTING CONTRACTING AND POTENTIAL SERVICES FOR SMALLER CONSTRUCTION PROJECTS THAT HAVE A DIFFICULT TIME GETTING BIDS FOR DECEMBER 15 OF THIS YEAR. STAFF REPORT, WHATEVER IT MAY BE. A LOT OF TIMES WE GET THESE SMALL BIDS, LIKE I HAVE THIS -- THIS PROJECT OUT ON -- WHAT IS IT OUT ON NINTH STREET FOR A SIDEWALK THAT IS 60,000, 70,000. WE CAN'T GET A BID. IT APPEARS FROM THE INFORMATION THAT WE HAVE. TO SEE WHAT AVAILABLE SERVICES AND I KNOW I MENTIONED THIS BEFORE AND COUNCILMAN GUDES MENTIONED SOMETHING TO THAT EFFECT. A REPORT IF I MAY. >>JOSEPH CITRO: MOTION BY COUNCILMAN VIERA. SECONDED BY COUNCILMAN MANISCALCO. ALL IN FAVOR. >>LUIS VIERA: THEN ON MONDAY, I WILL BE COMMENTING A COMMENDATION TO THE TAMPA BAY YOUNG MARINES FOR RED RIBBON WEEK, IF I MAY. >>JOSEPH CITRO: MOTION MADE BY COMMISSIONER VERANDA BARB COUNCILMAN VIERA. SECONDED BY COUNCILMAN MANISCALCO. ALL IN FAVOR. >>LUIS VIERA: LASTLY IF I MAY -- AND I BRIEFLY MENTIONED THIS -- WHICH IS WITH THE CHARTER REVIEW. I WAS TALKING -- I HAD TALKED ABOUT HAVING A DISCUSSION ON A CITY COUNCIL CHARTER AMENDMENT PATTERNED AFTER THE 27th AMENDMENT WHICH ESSENTIALLY SAYS CONGRESS IS -- IS REQUIRED THAT IF IT PASSES, A PAY INCREASE FOR ITSELF IT DOESN'T TAKE EFFECT UNTIL AFTER AN ELECTION. I WANTED TO TALK ABOUT THAT WITH REGARDS TO THE CHARTER, BUT IT APPEARS WE CAN DO THAT BY ORDINANCE. I AM NOT ASKING FOR AN ORDINANCE BLAH-BLAH-BLAH. BUT JUST TO TALK ABOUT THAT IF I MAY ON DECEMBER 15, 2022 TO HAVE LEGAL HERE. >>JOSEPH CITRO: MOTION MADE BY COUNCILMAN VIERA. >>LUIS VIERA: I WILL EXPLAIN IT IF I MAY, SIR. LONG STORY SHORT, I WAS LOOKING TO AMEND THE CHARTER TO SAY IF CITY OF TAMPA COUNCIL EVER VOTES FOR ITSELF TO HAVE A PAY INCREASE OUTSIDE OF INFLATION, NOT COLAS OR ALL THAT STUFF WILL TAKE PLACE AFTER AN ELECTION IN THE FUTURE, RIGHT. I WAS LOOKING AT DOING THAT UNDER THE CHARTER THAT WE CAN ACTUALLY DO THAT BY SIMPLE ORDINANCE. SO I AM ASKING FOR A REPORT TO COME BACK IN DISCUSSION FOR THAT. NOT FOR AN ORDINANCE BY VOTING FOR THIS. YOU ARE NOT SUPPORTING THIS. >>JOSEPH CITRO: JUST A DISCUSSION. >>MARTIN SHELBY: IF I CAN -- MARTIN SHELBY -- FROM THE CITY ATTORNEY? >>LUIS VIERA: BECAUSE I INQUIRED ON THAT. >>MARTIN SHELBY: A VERY INTERESTING THING AND I WILL TALK TO THE CITY ATTORNEY ABOUT THAT. AND -- BECAUSE IT IS VERY INTERESTING THAT SOME THINGS CAN BE DONE BY ORDINANCE AND MAY BE A SUBJECT OF DISCUSSION. >>LUIS VIERA: IF I MAY, THAT IS WHY I SAID THAT TO INQUIRE ANY IDEAS THAT YOU HAVE. I ASSUME -- I MADE AN ASSUMPTION THAT WOULD NEED A CHARTER AMENDMENT, BUT APPARENTLY NOT. SO THAT'S IT. >>MARTIN SHELBY: BECAUSE A LOT OF TIMES YOU HAVE BEEN WANTING TO DO THINGS BY ORDINANCE AND TOLD YOU COULDN'T DO IT UNLESS YOU HAD A CHARTER AMENDMENT. >>LUIS VIERA: MAYBE I AM TIRED, WHO KNOWS. >>JOSEPH CITRO: >>JOSEPH CITRO: MOTION BY COUNCILMAN VIERA. SECONDED BY COUNCILMAN MANISCALCO. ALL IN FAVOR. COUNCILMAN CARLSON. >>BILL CARLSON: YES, SIR ARE, JUST ONE. I DON'T THINK THAT WE -- CORRECT ME IF I'M WRONG, I DON'T THINK WE HAVE GIVEN A COMMENDATION FOR LA GACETA FOR THEIR 100th ANNIVERSARY. TOMORROW NIGHT IS THE FILM BY LYNN DINGFELDER. MY OTHER JOB I AM -- I PROBABLY CAN'T GIVE IT TO YOU GUYS. YOU GUYS SHOULD GO IF YOU CAN. WHAT I WOULD LIKE TO DO IS -- I WOULD LIKE TO DELIVER A COMMENDATION TO THEM TOMORROW NIGHT FOR THEIR 100th ANNIVERSARY. IF ANY OF YOU ARE THERE, PLEASE JOIN ME. >>GUIDO MANISCALCO: CAN YOU DO IT AT 8:00. I AM GOING TO THE EQUALITY FLORIDA EVENT AND THEN HOP OVER. IF YOU WANT TO DO IT TOGETHER. >>BILL CARLSON: I THINK THE MOVIE STARTS -- >>MARTIN SHELBY: THE MOVIE STARTS AT 7:00. >>JOSEPH CITRO: THOUGHT IT STARTED AT 8:00. >>MARTIN SHELBY: THOUGHT IT STARTED AT 7. >>GUIDO MANISCALCO: 8:00. WHATEVER, I WILL BE THERE AS QUICK AS I CAN. >>BILL CARLSON: IF YOU WERE THERE BEFORE THE MOVIE STARTS. >>GUIDO MANISCALCO: I THOUGHT THERE WAS A COCKTAIL HOUR. I DON'T KNOW. I WILL DOUBLE CHECK. >> A MOTION BY COUNCILMAN CARLSON. SECOND BY COUNCILMAN MANISCALCO. ALL IN FAVOR. >>JOSEPH CITRO: I HAVE A MOUTHFUL. WISH TO PRESENT A COMMENDATION TO MR. -- EXCUSE ME BROTHER ROBERT LAMBERT, WHO IS THE MOST WORSHIPABLE GRAND MASTER OF THE MOST WORSHIPABLE GRAND LODGE OF FLORIDA OF FREE AND ACCEPTED MASONS OFFSITE NOVEMBER 12. >>GUIDO MANISCALCO: IS HE A DEACON AS WELL BY ANY CHANCE? A MOTION BY COUNCILMEMBER CITRO. CHAIRMAN CITRO, SECOND BY COUNCILMAN GUDES. ANYTHING ELSE, SIR? >>JOSEPH CITRO: THAT'S IT. >>GUIDO MANISCALCO: MOTION TO RECEIVE AND FILE. >>JOSEPH CITRO: BY COUNCILMAN MANISCALCO. THANK YOU, SECONDED BY COUNCILMAN MIRANDA. ALL IN FAVOR. WE ARE ADJOURNED.