City Commission - Regular Meeting

All right, I'm going to call to order for the Sunrise City Commission meeting of Tuesday, October 13, 2026. If you would, Ms. Bravo, please call the roll.

Good afternoon. This meeting has been noticed both as an in-person meeting and a virtual meeting. The public may attend in person or participate in the meeting by calling 954-395-2401 and entering the code 368262. Procedures for public participation and comments will be explained in a moment. Information for each item on the agenda has been and is currently available at City Hall and online 24 hours a day. at www.sunrisefl.gov. Anyone interested is also invited to call 954-746-3430 for additional information. The City has provided various options for members of the public to address the Commis

employee of Broward County, Federation of Public Employees, AFL-CIO, the Labor Day Ball. Him and Jim Silvanel were like pillars of that, and Ron passed away over the weekend, so if we could keep his daughter in our prayers.

One more. My cousin Jeffrey, diabetic, and he went into some kind of shock and His heart stopped this past week. He's currently at FMC on life support. They found a mass in his stomach. So right now we're waiting for the word to whether we have to pull the plug or not. So, yeah, he's like a brother to me.

Our prayers to you and your family in this very difficult time. If you would, please stand for a moment of individual and collective silence before the Pledge of Allegiance. All right, we have some great presentations before we do that We have our consent agenda for a through for age any polls from my colleagues Any polls from staff?

Anybody in the audience or on the phone wish to have any items removed from the consent agenda and handled as a full public hearing? If so, please raise your hand or press five star on your phone. I see no hands raised in the hall. Any hands raised on line? All right. Go ahead and call the question on 4H. Do you have a motion? Move it. Motion by Commissioner Kirch, seconded by Commissioner Skudo. Go ahead and call the question.

Yes. Items passed five to zero. All right. We're going to start with 6B.

There we go. All right. Proclamation proclaiming the month of October 2026 as breast cancer awareness month in the city of Sunrise. Mayor Michael J. Ryan, Deputy Mayor Jacqueline Guzman, Assistant Deputy Mayor Latoya Clark, Commissioner Neal Kirch, and Commissioner Joseph Scudo.

And we're very honored to have with us tonight someone to help us raise awareness and celebrate this, the wonderful mayor from Tamarack, Michelle Gomez. Come on up, please. Let's give her a round of applause. So this month, you can see the pink in the room, yeah? You got kind of pink on there. You did good. You did good. Did you do that on purpose? That's all right. This is a month where we take the time to recognize how important it is to raise awareness, to advocate, but also to reflect upon not only those who have survived and those who have lost their battle, but the caretakers who work so

Come on, big round of applause. And I thank you for sharing your story. You're so busy with all that you have. And to come out to our meeting says a lot about not only the relationship that we share with you, but how important this is to you and your message is important. I hope everybody understands that. And I'd like to turn it over to Commissioner Scudo, whose family was also very heavily affected by this and for years has been one of the great supporters of what we do to try to advance more advocacy and awareness.

First of all, it's great to see you here, but it's important that we know that you're out there and we all know what you went through. We went on conferences with you, with your bandana and everything, but you were still out there promoting. But I just want to say, as far as being in the community, Broward Health, started this mobile mammogram about, I don't want to say, like 20 years ago. And they used to do it at the Sunrise Senior Center. And my mother just happened to say, all right, I'm going to go. So because she went and got this mammogram that was free through with the Sunrise partneri

Thank you for being here. On Saturday, one of my friends just passed away from breast cancer, and it's her funeral on Saturday. But, you know, for 20-something years ago, my first role was working with the Women's Health Center in Boca Raton, and we were trying to make sure that we get awareness for women's health and making sure that mammogram is really accessible. And to see where it has come 20 odd years later, I'm really proud to know that, you know, the initiative has really gone forward and women are really taking the initiative to get checked up and making sure that insurance is able to

Cancer sucks. I'm so happy that I'm standing here with my colleague as she battled through it. The message is to get tested as you have the opportunity to go see your doctors. Medicine is advancing at a lightning rate during this period of time with the help of super intelligence, invasive surgeries with robotic surgeries. They can go in and diagnose cancers at a very small nodule level. And I believe within the next 10 years, we're going to make such enormous strides in battling and defeating cancer for everyone. So until then, make sure you get tucked, make sure you see your doctors, and spr

So thank you, Mayor, for being here. And like Commissioner Escudo said, there are free screenings out there. They're available. And it's unfortunate people don't know that. No matter how many times we or the county or other elected officials try to put out the word, people still don't know. So I don't know what we can do more to emphasize, to let everyone please tell everybody. There's free opportunities. Again, thank you for being here. And for those who don't know, she does an annual Ha-Ha's for Ta-Ta's comedy show in Tamarack. It's very well attended, and, of course, it's a fundraiser. And

All right, to those who raised their hand, if you would like to come up and stand and make a stand against breast cancer, please come join us up here to send a message to the community of how many are impacted, affected, and are standing up. So if you raised your hand earlier, please come on up and come join us for this picture and for this proclamation. come on up come forward come forward come forward come forward it's all right you don't have to run but you got a good pace there inspiring so it's my honors uh mayor and a member of this commission to stand together with our community in decl

You want to come up with your pink shirt? You're wearing pink and you didn't even realize it, right? That's all good. You're wearing it. Step forward. Guys, step forward. Come on, come forward.

Come forward, come forward. Don't hide in the back.

All right, one more time, big round of applause for everybody here.

6B, presentation of the Youth Athletes of the Month Awards for October 2026 to Jazia Daga and Zariel Chabal from the Sunrise Recreational Basketball Program.

So I wanted to, you guys get up here. You're the stars here. So for a very long time, the City of Sunrise has each month taken some time to recognize great student athletes. The idea of this program was not to just recognize those that are good on the court or the diamond or the pitch or wherever they play. It's not about points scored or what they do or goals or defensive work. It's about who they are as people. And we have focused, now going on probably 16 years, of identifying those great athletes, great students in our community that represent the highest ideal of what we expect of sports,

each Veterans Day in a game. We used to do softball, but we were kind of not doing great at that. So we changed it to kickball. We're kind of beating them pretty bad, but... But I think we got a new smart here, don't you think, folks? I think we're going with basketball. We just made you a member of the Sunrise family, man.

Before we get turned to the coach, come on, moms and dads and family. Come on up. You guys can come on up. Let's go. We've got to give you a round of applause. Come on up. Thank you. We got everybody here. Coach?

So to both of you, Coach, first of all, those words were incredibly powerful. It really sums up what we wanted from this program, right, this effort to acknowledge what the highest ideals of sportsmanship is and leadership and what it means to be a teammate. And you both embody that. These are some of the best nominations we've received. And first, let me begin with you. First of all, you dressed great tonight. I don't know. You were ready. I don't know if they told you you were coming to ESPN or what, but you were ready. But that says a lot. You know, you came here ready. You took it seriousl

But this is really special, and I really want to thank you and to your folks, the family. It really says a lot about what you've done. They're all over here. Come on over this side. Come on over here. Switch, switch. Coach. All right, come on, Coach. You've got to speak then. Switch, switch. You guys come on over here. No, no, I want the kids to stay right over there.

Josiah, you know, there was a couple of things your coach said that are so powerful. You know, when you're a good player, you can be over the top. You can, like, be in people's faces about it. He said you have quiet confidence in your leadership style. That is incredible. It shows that you really understand why a team works together, that everybody on the team plays a role, and you're trying to take everybody with you. Without them feeling like you're lecturing them or you're better than them or anything else, that's an incredibly powerful trait that's going to help you so much in life. And we

C, presentation of the Teacher of the Month Award for October, 2026 to Susan Glanner-Smith, Banyan Elementary School.

All right, come on, make some noise. Where are you at? Come on, you gotta come forward. And where's the Banyan team? Come on up, let's go. Make some noise. All right, so this is a program that the City of Sunrise started, and I will tell you that there, as far as I can tell, there's not another city in the state of Florida that does this every month. And that's take the time to recognize inspiring and inspired teachers. These are not our employees. We have no control over curriculum or food in the cafeteria for the young folks or for the adults, the pick up and drop off. We don't have anything

So you have family here and I know they're all in the back taping right now, but they get to, you have to come up here. You have to come celebrate. Come on, let's give them a round of applause. You got a little swag there for you too. All right.

Yeah, right, right, right. So first of all, thank you for your commitment to our community and a true Sunrise small town feel, right? Not only a Sunrise resident, but the idea that generations have come to you and asked for you. We lose that, you know, around the country, folks live in communities where that's common and they know that. And we forget how important that is. Beyond that, obviously what you're doing in the classroom to inspire takes a commitment to each child to find what in them, what flame in them needs to be lit. You know, the next generation is going to follow your lead, is g

Woo, there's going to be a conversation on the ride home tonight.

All right. Public service in the blood. And a nurse. Public service in there. Well, the teachers, you know, really is a generational thing. And we see that the work that you do in the classroom, then come home and do such great work. Your children. Exactly. Exactly. But thank you for your service as well. And, you know, maybe Plantation will recognize you if they'll do a Teacher of the Month program. Yeah, you better. All right, come on, step forward for me. And then work on, yeah. All right, one more time, big round of applause.

Proclamation 60 Proclamation proclaiming the month of October 2026 as National Depression and Mental Health Screening Month in the City of Sunrise. Mayor Michael J. Ryan, Deputy Mayor Jacqueline A. Gooseland, Assistant Deputy Mayor Latoya S. Clark, Commissioner Neal C. Kirsch, Commissioner Joseph A. Scudo.

All right, it's hard to clap for this, but it's important that we take the time to have this discussion. Sergeant Arroyo, you want to come up for this? We as a community need to continue to have the discussion around depression and mental health. For too long, this has been something that results in stigma. People are afraid to come forward and ask for help. They think it's a sign of weakness when you are having a difficult time. And yet we know that when folks find a safe space, when they can talk about what they're feeling, when they can go through the screening and the necessary help, that

Thank God you reminded me. Proclamation proclaiming the month of October 2026 as Italian American Heritage Month in the City of Sunrise. Michael J. Ryan, Deputy Mayor Jacqueline Guzman, Assistant Deputy Mayor Latoya S. Clark, Commissioner Neil C. Kirsch, and Commissioner Joseph A. Scudo.

All right. Come on. Make some noise. Come on. Come on. Come on. Where are the Italians here? Come on. The Irish know how to run up front. Let's go. The Italians, come on up. What's up, bro? It's been a while. You good, bro? Good to see you. Good to see you, too.

Good to see you. Thanks, man. Come on. You guys recognize this man from TV, right? From Doris's. Come on. Let's give them a round of applause. So what we do each month is we take the opportunity to celebrate, as we do each month, the great cultural diversity that we have here in Sunrise and in South Florida. And when it comes to the Italian-American community here in Sunrise, it has long and deep roots in the city of Sunrise, starting with this guy here, Joey Scudo and his family, who have made such a difference for so many years, decades. in not only recognizing the power of bringing the comm

I just, on behalf of the Sunrise Italian American Club that's been in existence since 1971, started by a former mayor here in Sunrise, John Lamello, we have been making this progress through the years. We have... been part of Broward County Italian American Clubs and also part of the state Florida Federation of Italian American Clubs. There are 67 counties in the state and there are clubs throughout the state. So we have annual uh... things and each club does their own thing but we have been very active in sunrise we have been doing scholarships now to kids in piper high school also to law enf

And I would just like to turn it over to either one of you guys to say something about your family and about how you make your contributions. I'm glad you have something in your hand. But you know I've always loved you guys. If your son wants a hold, he can take it.

And we're proud to do it. Thank you. Mayor Gomez, you have to explain your Italian heritage here.

Come step forward, because it is important to recognize community. Again, you get the sense that we're really just a small community. You guys have been here forever. you've seen this community grow and you've committed to it and you've never left. And the great thing is he whispered to me that no matter how late we go tonight, they're going to be open because I'm really hungry right now after all that. Yeah, we're all heading over there afterwards, right? We'll just knock on the door and you guys will open up for us. He's got the key. All right, so everybody will just hop in a bus and head ov

6G, proclamation proclaiming October 13th, 2026 as Knights of Columbus Council 5971 Day in City of Sunrise. Mayor Michael J. Ryan, Deputy Mayor Jacqueline A. Guzman, Assistant Deputy Mayor Latoya S. Clark, Commissioner Joseph A. Scudo, Commissioner Neal C. Kirch.

All right, come on, make some noise for the Knights of Columbus. Come on, you guys, come on up here. This is why we built a parking garage. All right, so we're here to celebrate the Knights of Columbus. Who did you guys designate to talk a little bit about? That's what I know, Big Mike. Come on up here. Introduce yourself.

And I want to thank you and everyone who comes out to all our events. You've done the colors for us. You've done so much in these tournaments and been part of this community, as you said, for 59 years. And you've got a lot more gas in the tank, right? You've got a lot more work to do. I look forward to it. I know we'll talk some more. So why don't you guys move forward because I'm really thrilled. Joe, did you want to say anything?

No, I just tell the people exactly what it is that you do. No, what you guys do. What we do?

So it's my honor on behalf of the commission to declare Knights of Columbus Council 5971 day here in the city of Sunrise. Whereas the Knights of Columbus is a fraternal organization founded by Father Michael J. McGivney in March of 1882. None of you all were there for that, but dedicated to the principles. dedicated to the principles of charity, unity, fraternity, and patriotism. Whereas the Knights of Columbus Council of 5971 was established on May 7th, 1967, right here in Sunrise, and has proudly served the city of Sunrise and surrounding communities for 59 years, demonstrating an enduring c

All right. Okay, that was a good shameless plug. All right, and if they want to find you dancing on TikTok, where do they go? Not yet. That's coming, though, right? That's coming. Don't give up on that.

Why don't you step forward, have you guys step all forward. One more time, big round of applause. All right, good job. All right, everybody head over to Doris's now. Okay, you want to read the next one?

6E, Proclamation Proclaiming the Month of October 2026 Domestic Violence Awareness Month. Mayor Michael J. Ryan, Deputy Mayor Jacqueline A. Guzman, Assistant Deputy Mayor Latoya S. Clark, Commissioner Joseph A. Scudo, Commissioner Neal C. Kirch.

alright so every october we recognize the map domestic violence awareness month and it's critically important like the other discussions that we have that we have open communications about this it is pervasive and it's problematic and it extends not just You know, in terms of those established relationships, it includes team dating. It includes issues of stalking. It is not limited by gender. It's not limited by economics or socioeconomics. It's not limited at all in our communities. And it crosses all faiths. And we have to recognize as a community that we need to provide safe space. for thos

And if you'd like to have your students come up, because I think this is important that we're having the next generation talk about this and be aware of it. And your son, who's in charge of videoing this. So, you know, it's so important that we have these discussions and as we talked about in the mental health and mental health screening, you know, often we were afraid to have these discussions with young people in the room. We know that if we're to change and break the patterns and break the habits and break the cycles, we need to bring them in to be part of this discussion, to educate and be

Well, when I'm re-elected, I'll be going.

All right, folks, what do you want to do? I nominate myself as second alternate. Okay. Way down the list. All right.

Okay, we'll nominate Commissioner Scudo as voting delegate and two alternates. Deputy Mayor and second. Any discussion on that?

All right, can I have a motion on that slate? Move it.

Motion by Deputy Mayor, second by Commissioner Scudo. All in favor say aye. Aye. All right, thank you. All right, open discussion. Anybody here to speak on any items that are not on the agenda? If so, please raise your hand and press five star on the phone. Confirm no hands raised? All right, I'll close open discussion. Can I have a motion to move up 12A and 13A? Okay, motion by Commissioner Kirk, seconded by Deputy Mayor. All in favor say aye. All right, 12A, Commission Discussion Interaction. Our first reading of the ordinance in the City of Sunrise, Florida, approving a lease between the City of Sunrise and Crafted Hub LLC doing business as the Crafted Hub Cafe for city property located at 6780 Sunset Strip, Unit 11, providing for conflict, providing for survivability, and providing effective aid. Can I have a motion?

Motion by Commissioner Escudo, seconded by Assistant Deputy Mayor. Okay, Crafted Hub, come on up. Mr. Lebelski, you want to make just an opening comment on this? Certainly, Mayor. Mark Lebelski, City Manager.

First, you have to introduce yourself to the millions at home who are watching.

Tommy, you want to say something? I always see you at the store going to get something that Chef Vicky sent you to go get. Heads of lettuce or whatever else, you know?

Thank you both. I want to put some context in this because, first of all, your humility is something that's always been kind of astonishing to me. What folks don't realize is you're an award-winning chef. And you've been recognized nationally. More important than that, you've had this focus for so long in a unique way of not just opening a restaurant. You said earlier you have about 80 businesses. Let's break that down. It's really about 80 dreamers. who are entrepreneurs, who have this idea, and sometimes it's a particular dessert or it's a sauce or it's a restaurant concept, but they don't k

I just want to say, do you want a drink? That's a private joke. It's a private joke. No, I think there's going to be a great relationship there. way Mike said it, you're going to give people an opportunity to now put their stuff out in front of people that may have not gotten a chance to see who they are. Sometimes when you're working, as you say, you have 80 different people. They may be working just with one customer or one client or one person and doing a great job. But now to get it to individuals is something totally different. As far as with the city, we have some empty space there. You

And it took time. And some fads come and go, some stay. But I just want to say that one event at the National League of Cities, the basketball player...

Who owns the L.A.? Magic Johnson said, I don't go into neighborhoods to start a business where there's affluent people. He said, I went and opened up Starbucks and Dunkin' Donuts and other restaurants in diverse areas. And he said, the numbers that I make with my Starbucks and my restaurants do more money than ones that are in the affluent area. He said the problem is sometimes people don't want to take a chance in, say, a starting point. And now you're going to take a chance, right? And you're not just taking this chance by yourself. It's like you have 80 businesses behind you, and maybe you

But then some people are like, I don't want to get to a rotten apple. But I think together you guys are going to get where you need to be. So to Danielle, to Mark, to the mayor and commission from starting this 10 years ago to figure out. And the residents telling us what it is that they want on the east side. I think this is going to be... a good start. And I remember this 11 years ago. The difference 11 years ago was the fight between brick and mortar and food trucks. That was the discussion. What you started was something different because the need for the food trucks were that they did not

You need that bounce off. You need that.

So I've been concerned about the type of restaurants or food product that has been going into that particular area and to see that your business represents many different types of business and to know that you know the growth and the the cultural exposure that is happening on that particular side and being able to represent that and showcase food in ways that sometimes individuals are not exposed to. I am really happy that this will be one of those areas where it would be a staple in our community and be able to really highlight all the different Cultures that are within that particular area b

Yeah, I think the better question is why aren't they opening tomorrow? I

First quarter of next year. So you're saying January.

But it's only going to be for that bay, or you're going to do the whole?

Government's so slow. All right. Commissioner Kirch.

Yeah, thank you. I think this is going to be a wonderful collaboration. Been up here for a while, and when we first started talking about the redevelopment ideas in East Sunrise, and it was important to the commission that we do it in a way that doesn't change the character of the neighborhood. I'm proud that we've invested hundreds of millions of dollars in there with the city park, redoing the complete streets, infrastructure improvements, accumulating the properties along City Park and units where you're going to be at. And I just think things happen for the right reasons. I mean, I was a b

look forward to a long-term relationship so i love coffee shops check out all the different places whether it's here across the u s and I'm really hoping and praying for that vision to come alive here in Sunrise. I know we're lacking those here in our community. I hate having to drive to other cities to go enjoy a nice coffee shop. But I'm trusting the process, and I believe, you know, like they said, with you being a resident, knowing the community, your passion, your vision, your history, your experience, it's definitely a perfect match. I'm looking forward to that. I also wanted to kind of

And the commitment has been enduring. I mean, you've continued this idea. And again, it's really tides. It's almost easier to go open your own than to try to help others do it. And yet you see people still wanting to because they are. They want to come out of their own kitchens at home. They know they have something great. They have a vision. As Joey said, they just don't know what to do next. And so there's a broader incubator idea that comes from all of this. This is just the start of it. not only the community block dinner, the celebration of the culture, but also what we can do to help peo

Yes. 5-0. We look forward to it. Let's give that a round of applause. And Mr. Lebelski, with that level of energy, you know what's going to be happening, right? Routinely.

Okay. We had a motion to move up 13A that was passed, so I'm going to call up the quasi-judicial hearing now. A resolution of the City of Sunrise, Florida, granting a special exception use permit for a banquet hall within the Pines Plaza shops located at 4555-4557 North Pine Island Road, providing for penalties of... Penalties for violations of the conditions of approval, providing for the term of the permit, and providing an effective date. Board adjustment meeting September 1, 2026, past 5-0. Can I have a motion? Motion by Commissioner Scudo, seconded by Commissioner Kirch. Okay, so here's w

Thank you. we'll go through this in an orderly fashion and we're not going to rush it so for those that are here and effective parties just be sure you're going to get to speak okay I'll begin at this point by asking anyone who's going to be a witness whether city staff the applicant or an effective party or one of their witnesses to please come forward and choose to be sworn in first let me do this city staff if you can come forward and stand to my left your right the applicant is the applicant here Please come forward, and if you have any witnesses that you'll have, maybe just stand to the l

Nice to see you again. Thank you for being here. Okay. Effective parties over here. Ms. Gross, if you could introduce yourself and give us your address.

Okay, that's good. Thank you. That's all we're on right now. You'll have plenty of time. If you could, Mr. and Mrs. Farrell, please give us your name and address.

Thank you, Mr. Farrell. Okay, thank you for both being here. Mr. Moss, any objection to standing being found for both of these affected parties? They were timely filed and they're within the recognized radius.

Any objection from my colleagues as to standing for the affected parties? All right, hearing none. We'll come back to that in a second. That was just a technical legal issue, so you all will be good. With respect to the applicant, will each of you be potentially testifying? Yes? All right, so everybody step forward. The affected parties, if you could come forward. You have a choice. You can be sworn in to provide testimony. That can be considered evidence in this matter, or you can choose not to be sworn in. Would you prefer to be sworn in or not sworn in? Yes, that's fine. Of course. Mr. Farr

Thank you. For the affected parties, I'm going to give you a little bit of a break. There will be a few moments before you speak, so you can have a seat there in the front row. Are there any folks here in the audience who wish to speak as a matter of of either witnesses or public participation. If so, please raise your hand or press five star on the phone. All right, seeing no others, and can you confirm no hands raised?

All right. I'll still open it up for public hearing at the end. At this time, what we'll do is we'll turn it over to the staff for a report on this application, and then we'll turn it over to the applicant. Ms. Lake. Ms. Lake. You only had two affected parties, correct? Thank you. Thank you for that clarification, Mr. Skudo. All right, Ms. Lay.

All right. At this time, the Commission can ask questions of staff. I'd like to begin, Ms. Lay, if I can, with you. I want to go through the conditions, and you all can have a seat, by the way. I apologize. I should have also offered that to you. I want to go through the conditions to make sure I understand the significance and the public understands why. Number one was the doors must remain closed. Why was that a condition?

All right. So the doors cannot be propped open. They have to be open and closed only for ingress and egress. Is that right? All right. What's the significance of no outdoor activities? As we know, some of the restaurants in the areas often like to have tables outside and have an opportunity for people to gather outside. What was the significance of that condition?

Number three was soundproofing to a rating greater than 60. Could you explain to us what the significance of that is and what that rating means?

We've had establishments in the city that, let's say, are faith-based that we've had complaints because they would have music very loud. Did those have ratings of greater than 60 when they were open?

So was this a step by staff to try to, even without realizing what the affected parties would say, but to realize that there could be impacts on the local community that you wanted to make sure were mitigated?

Okay. They also voluntarily agreed to prohibit nightclubs and adult entertainment. Bless you. What's the significance of that?

So let's put a little finer point on this. There's some history at this property of noise complaints with the prior ownership of the strip shopping center, correct? In fact, there were concerns that one of the businesses was essentially operating as a nightclub. It was very loud. Again, this was the prior ownership. Is that correct?

Okay, so just to give a final point, this had been a frustration of city staff and the community regarding noise and other things. You had taken interventions and needed additional assistance, is that fair to say?

Okay, and the new property owner had a choice. Correct. They could either keep the tenant who was paying rent and otherwise, or they could move to try to evict the tenant based on the city's complaints, correct? And what did the new ownership group do?

And did city staff find that to be productive and positive assistance from the new ownership group?

Additionally, I want to just understand this nightclub issue. Have there been problems in the city where an establishment will allow a promoter to come in and hold an event that operates like a nightclub?

Okay, and has the city taken steps when it learns to shut those down even before they occur?

And to help everyone understand, how is it the city comes to learn that there might be a promoted event that is where the establishment has allowed a promoter to create an event and is pushing it out to the community and it's going to be chaos for the shopping center?

All right. And just to understand, this is even in advance of the event actually happening. You're working with the police department to catch it on social media, basically. Right. So you have members of your team and the police department does as well because they want to prevent these from coming into the community, correct?

All right, and when you identify one on social media, what does staff do?

And while you're not working with the police department, have you had experience where the police department also gets involved with both the property owner and the tenant to tell them that the police department is going to be there to shut it down?

And you want to actually stop the event before it starts, correct? Because it's more difficult to shut it down if it's packed with a lot of people, there's more chaos, more danger to the police department, and more difficulty, correct?

Right. And by the time you're doing it, maybe they've been drinking and they're doing other things, and it makes it more difficult for code and for the police department, correct? All right. So you're proactive in trying to prevent this as well as creating conditions like this, correct? Would this be the type of business that if it was approved by the commission that you would be monitoring for the purposes of determining whether or not there are promoted events? And under this condition, if there was an event that was promoted where they've turned over the event to a promoter, what steps would you take before the event occurs?

And has this been explained to the property owner as well?

And did the property owner commit to working with you and the police department?

Yeah. Okay. We'll get to that point. Did you have a discussion with the applicant regarding what steps you would take if there was a promoter?

And it's okay. You can tell us hearsay is admissible. Are you aware that staff did have conversations with the applicant to inform them that if they were to give this to a promoter and create a nightclub situation that you would take steps to prevent that.

Okay. Is that embedded within the concept of nightclub or is that a separate condition that you believe? It's my understanding it's embedded within the concept of a nightclub whenever you turn it over to promoter.

All right, so then we need to have a discussion about it. Is that something that you would recommend as an additional condition?

put a pin in that one for number 13 separate lobby explain the significance of separate lobby That was condition number six.

All right. It's meant to be a buffer to mitigate noise to the outside. Is that fair to say? Okay. And that was voluntarily offered by the applicant, you said? Was that in response to concerns that were raised by staff regarding potential noise?

Okay. A multi-camera surveillance system was condition number seven. Explain the significance of that condition.

So is that a code requirement or was that a voluntary concession?

And from your perspective, working with code and your experience in working with police, is this beneficial to helping to protect the community and ensure that the business is living up to its responsibilities?

Alarm system, what's the significance of that?

And I'm asking in terms of your experience, having worked in this area for a long time.

Registered trespass program. What's the significance of that?

All right, so the first step of this is they become a member of the registered trespass program, and second, they put up signs indicating that they have the authority to ask anyone to leave, correct? And that's to provide assistance to the police department. Is that fair to say? Yeah. Particularly in situations where perhaps it's loud or it's gotten noisy and the police are trying to find an authority to be able to remove folks. This is something that's beneficial for the protection of the community, correct?

Two licensed security guards. That was condition number 10. What's the significance of that?

This was voluntarily proffered by the applicant? Is this within our code to require such? What's the benefit or significance of that from your perspective?

What is the significance of the 1 a.m. deadline? Explain to me what that is.

And to put a finer point on that, that is not, To say that's when you begin closing, that's the deadline for any service of any alcohol, correct? Or consumption on the property or in the surrounding area. And have you and the police department worked together in the past at other establishments where they have served or allowed to be consumed after the threshold deadline alcohol and had to take interventions?

Let's assume they don't have an extended hours license.

Okay, you work with the city attorney's office to bring them before the special magistrate to violate them.

Number 12 was something from the board that they can't rent to anyone unless they meet a minimum age of 21.

Okay. All right. That's all the questions I have. Commissioner Scudo.

So this, just for information purposes, you mentioned about some of the issues that we had with previous, you know, from 2020, 2021, or But originally, this Shop and Center had a bar in it called Crickets.

Not to you, sir, that you own it now. We thank you for turning the Shop and Center around and getting some good tenants in there.

And when we did have a problem, you stand side by side with us to get rid of the problem. Probably the reason why some of the residents are here tonight is probably because they don't want to see a repeat of what may previously have happened. And being up here for a long period of time along with Mayor Ryan and knowing some of these issues that we had in other shopping centers, and I say crickets being that shopping center, but we also have quarters in Crave and the other shopping center, which abutted to the back of a residential area where the back door was the back door of a canal that back

The second thing that really jumped out at me That we're going to want people. We don't want people. Signature center. We don't set up a wanding station at Nob Hill Rec Hall. Where people have parties, weddings, anniversaries. Flamingo Park. SAC Park. Willoughby Park. These are all places that you could have events. I don't know why. if I'm a catering hall, why I would want that as a condition that I'm going to want people and I'm going to offer two security guards for my kids' baptism, for my daughter's quinceanos, my mother and father's 25th anniversary. I'm just saying.

I mean, so now if that's a condition, I'm going to a party for a kid's 10th birthday, and I bring my wife and my kids, and now I'm going to go to this event and get wanded?

Hang on. I just want to make sure for the record.

I know when the mayor speaks first where he's going. And maybe you don't understand why the mayor goes first when something like this comes up. He's trying to tell you in every way, shape, or form That if you're planning on doing something other than a banquet hall, you're going to get caught. You're going to get shut down. And there's going to be severe repercussions. I'm not scaring you. I'm just telling you. I know when he goes first, I know exactly what he's saying and what he's saying. So if you didn't listen to him when he really spoke, he's really laying out on the line for you. But now

And I say to myself, why would somebody offer to give two security guards and be wandering?

I don't know. It just catches me. If I was going to open up a banquet hall, That would be like the last thing I would think I would put in there. A couple of months ago or a month ago when this got brought up about the hours of operation, because we had a shooting at like 2.30 in the morning at a banquet hall that was probably serving liquor till four in the morning. So like my questions to this is,

One o'clock, Sunday, Monday, Tuesday, Wednesday, Thursday is like extreme. I don't know why you'd want to stay open until one o'clock Sunday through Thursday. So my thing is, that's another thing that jumps out.

Because we're operating a banquet hall ourselves. So I just, my opinion is to go to 10 o'clock during the week.

There's bars and restaurants throughout the city. Sunday through Thursday close at 9, 10. I'm talking big chains that have national chains all over the United States and outside the country. Ones that are at the mall. Most of them close by 10 during the week.

We're not getting into the extended hours because that's not what this is. So I just want to make sure on my own getting to what the mayor started off, you know, you go to code enforcement or you go before the magistrate and you get shut down and he imposes a $250 a day and that starts running and that clock starts ticking, you know, and I say this to the property owner. I just make sure you have the right tenant for each of your spaces because you've already got knocked down that you'll never be able to have a nightclub in your shopping center. That's pretty much what's on our books for that

No, I'm saying in general to you, you're already limited in that point. Now to go with this, that somebody wants to go to 1 o'clock and they do something, not to say they are, anyone, not even them, it could be someone else, that now you're going to get knocked down to not even get to that point. I just don't see how, I mean, this didn't jump out at anybody about the wanding and about the 1 o'clock. I just want to make sure.

Hang on, Shem. One at a time. This is like being in court.

I just want to not go down a slippery slope again because I talked about these banquet halls turning into clubs and things like that. You said, I'm just going by what you said about consumption and sale or whatever. And I don't know, I have to ask this first. If their banquet hall is open, obviously they're going to have an open bar. You'd be able to purchase alcohol. Or I'm just saying you go to the party and the liquor is all available for free. Or, because I mean we have city functions at catering halls. Because this is a banquet hall now. It's going to be different than a city that when we

Yeah, but thank you very much. But folks go to Knob Hill Soccer Park and bring cases of whatever.

I'm saying, are they now going to be allowed... After the cocktail elegance free drinks, now you have to purchase drinks. I'm asking if that is considered in a banquet hall.

Now the license are they filling out for is going to have that or they're not at that point yet?

So I hire a bartender. And now the bartender, and now this gets almost like you could open up a bar, but once you turn it over to a promoter, I'm just asking, and you turn it over to a promoter, and he gets $2 at every $10 of the drink, how does this play in when now you're going to start purchasing the alcohol?

But I'm saying here the bartender. Yeah. I'm saying a bartender has a license. Yep. Is she just serving the alcohol or is now she going to charge for the alcohol? That's what I'm trying to figure out.

There are bartenders that could, if I wanted to hire them to come to Nob Hill Hall, I say, I'm going to have alcohol. You're just going to serve it all well and good.

It's kind of the same. I think a promoter is...

All I'm saying is, They're renting it for a birthday party. It's a birthday party. But they're not just renting it to have a bartender now to sell alcohol with a DJ. That's point blank of what I'm trying to say. If I'm renting it for a birthday party, it's a birthday party, whatever it is. But if it's not a birthday party and it's not an anniversary party, it's just a liquor party where people are coming to buy drinks. Then it's not a banquet hall. That's where I'm getting at. So I want to make sure, I want to make sure it's a banquet hall. I'm renting it for my daughter, Elise's birthday part

Right. That's all I'm saying. Essentially the promoter situation where then it's going to be a theme night music or like old people like us, 80s music or something like that, right?

I'm saying to make myself feel comfortable as conditions in where you say that. But it's not going to be... an event at $10 a drink, and it's just 70s night. That's what I'm saying. Because then you're a nightclub. You're not a banquet hall.

All right, so that's an additional condition to have a discussion on. Okay. Assistant Deputy Mayor.

Can you just, for the record, tell us the rules or the conditions of what makes a nightclub?

And that 150 guests are 150 guests seated, 150 guests standing? It's irrelevant. The capacity.

Thank you. That's for the whole plaza. Right. So in the plaza right now, what is the latest hour of operation for businesses that are coming in? I do not know that offhand.

We approved a brother's liquor store until midnight.

Yeah, so there is a school, there is a liquor store, there is a restaurant, there is a supermarket, there is bakery, and then there is a Chinese restaurant as well.

So I know the concerns have been, one, that there is a large noise ordinance happening because of previous issues. And then there is also, I would imagine, traffic in that particular area is another subsection for individuals. And so if it's open at 9 AM, preschool is around that particular time. But I would not imagine that would be a major concern at that particular time for the operation for this particular business. Is it that the wanding and the two security was because of the previous concerns for that particular area?

Maybe I should just ask them when they come up. All right. Okay. Deputy Mayor, just as one clarification before you ask, the alleyway issue, the backside of this, does this backside connect to the canal system and the residential property just to the other side?

With that being said, though, was there any discussion from staff about dealing with the back door issue and sound, right? Because I know you said the front door. I just want to clarify. I think you had said the back door as well. Okay. All doors are closed. Yes, all doors. Okay, thank you. Sorry, Deputy Mayor.

Hi. So they pretty much went over a lot of the concerns or questions that I had. I do want to hear from the affected parties and then I'll have more questions to follow up. But I do want to ask regarding the time, I know it's from 9 to 1 a.m., but what time does the actual party or event end to give the people in the building enough time to clean, clear up, and be out at a reasonable time?

Okay. I have more questions, but I'm going to wait until I hear from them. Okay. Okay, thank you.

Just to clarify, on businesses that have a deadline to close, whether they have extended hours or not, does it mean that's when the lights go off? Like a bar or restaurant, right? They clean up and do it. It's when they have to stop serving, correct?

And so my concern is after 1 a.m., people leaving, hanging out in the parking lot, you know, all of those things are what I'm concerned about. So, again, I'll wait until I hear from...

Mr. Kirch. Are you aware of any calls for service to the plaza in the last year or so?

Do you have an answer on calls for service? Let's finish up with Shannon, and then we'll have the chief sworn. Yeah, so no noise complaints or no pending?

Any further questions for Ms. Lay? Or we could come back to that. I have one more question. Sure.

So you said the hours are Sunday, Monday through Sunday. It's pretty much all week. Yeah, some of these weeks. So all week. So even on a Monday or Tuesday when people are getting ready for work. That's what they requested. All right. Thank you.

All right. There's been a request from the commission to have Chief Ransone, if you could, come forward and be sworn.

Commissioner Kirch. I've obviously heard the question. Any calls for service through that plaza?

I know we had a... Quasi-judicial hearing with, like I said, the Brothers Market and concerns about loud noise, them loitering, being out there. One at a time. One at a time. Let him finish the question. Go ahead. Nothing to report on that. No neighbors have called and complained regarding those concerns that were raised at that quasi-judicial hearing.

Just to be clear, when you say you monitor social media, you're talking about particular locations that could potentially lend themselves to promoters, correct? I mean, you're not looking at social media for dry cleaners. No, sir. The department's being proactive at locations where the concern's been raised, where it could possibly happen, and monitoring their social media, correct?

And you're being kind in terms of the service, but when you're reaching out to the property owner to introduce yourself, are you doing so to let them know the police department's going to be there to close them down if they go forward? All right. As part of that education, do you indicate that if it moves forward, you will be there to close it down?

It's discouraged because you've flooded the zone, so to speak. Okay. You don't want to take a chance that it even gets started. Have you had occasion where you've had to go in to actually shut down an event that somehow slipped through the cracks?

When you say make it work, what do you mean?

There's a request or a condition of multi-camera surveillance system. Why is that important from your perspective?

The registered trespass program, how is that beneficial from your perspective?

And to be clear, if they're not part of the program, it makes your job a little more difficult, correct?

The two licensed security guards... What is the plan, if this is approved, what's the plan to engage with the owner of the establishment to ensure you understand who's on site and when?

All right. Other questions for the chief? All right. Thank you, chief. At this time, unless the city has any other witnesses, it's the time for the applicant. We're going to get to you all as well, and you're going to get to ask questions as well. It's time for the applicant. I'd like to start with the property owner. Saloma, if you could come forward and, again, give us your name. You're under oath.

All right. You've heard the staff's presentation and the conditions. Are you in agreement with those conditions? Yes. Why?

Evictions yeah eviction all right let me let me ask you a few questions just understand me first of all when you bought the property you said you met with staff yes and they threw out on the table all this stuff what did you mean by that so we had the issue of crave we had a $250,000 lien on the property when we purchased we had the issue of melanin edge which was another one and

You had a choice. You could have kept those tenants, right?

But you knew that going in, that when your vacancy rate gets too low and the bank is entitled to know about that, that that would be a default.

With respect to this additional option that you could do that is a page that sets out the non-monetary default provisions, which would be violations of these conditions, explain what that means to us.

But from a landowner's perspective, once you issue the seven-day notice on a non-monetary default... The rules and law are set up to benefit the landowner, correct? Oh, yes. Makes it very hard on the tenant, correct? There are very few defenses available, correct? From one to none. Right. And in a non-monetary default, there's even less options, correct? Correct. It's a monetary default. They can put money in the trust and they can tie it up for a while. But a non-monetary default, very few options, correct? Yep. All right. Have you had a discussion with the proposed tenant that that might be

And did you explain to the proposed tenant what you had done in the past to tenants who had fallen short of your expectations?

I want to thank you on behalf of the city, separate and apart from what decision we made tonight. You've done an amazing job there. And for those that have lived in the area for a long time, you know how bad it was. This is the guy who made the difference, who could have chosen economics over that. And we're very, very appreciative. And staff reports that they have a great relationship and able to have open communications with you.

Well, we have other plazas you can talk about. All right, before I turn it over to you, hang on. Commissioner Scooter's got some questions for you.

So first of all, I want to thank you because just before you bought the shopping center, we were very close to having somebody else buy that shopping center and put in residential on that side. I really want to thank you because the problems that we have are craved, and then people after craved. But you really, when you took over the shopping center, you got in National, who in the very beginning started off slow, and now they're doing very well. Run a very good business, very clean, very neat. You go in there, it's like you're going into a family place. My employees, all of them, I go back an

So you knew you didn't want that. That's not a legal term, by the way.

That's a Brooklyn term. I apologize. But you knew what you didn't want. It's going to be on Facebook tomorrow. You were willing to fight for what you didn't want in the shopping center. Or to get rid of what is in the shopping center because you knew it would hurt what you just built. So... And he's putting another condition in. So I could only hope that you guys want to run a decent business to go along what is already nice and existing.

I heard the two security guards got me scared again to say, are we going backwards? So if you're willing to put that condition in, it makes me up here to vote for this tonight, to feel a little bit more comfortable. Do you know that, like you just said, you have a customer who's doing $22 million in business, and that's going to help you fill the rest of the shopping center? the last thing you want is from the residents you know that they're going to be a disruptor we're leaving the back door open and that they got to hear blaring music till one o'clock at night is not fair to for a resident s

And then they come back. There's no complaints. Residents are happy. If this passes tonight, I'm not saying it's going to pass. Yeah, 100%. But to make us feel comfortable that they've been a good neighbor. And then revisit it. And if we have to extend, we can. But I don't want to go to one and then start scaling back. Because then we're fighting a losing battle. The residents are not happy. And it's like we approve something and we're fighting... To get a better reaction. I don't think that's the right way to do it. Thank you. I don't mind rewarding if, you know, you deserve it.

There were questions about the number of parking spaces and the latest hours of operations of your tenants currently. Are you prepared to answer those questions?

Neither are beyond 1 o'clock for sure. Deputy Mayor? Deputy Mayor? Questions?

The probation was on my list, so I'm glad we talked about that.

Thank you. All right, to the applicants, you all have the opportunity as well to make a presentation and answer any questions. Thank you, Shlomo, for that. Thank you, guys. Could you come forward? Stanley and Stacey? First of all, let me ask you, you've heard all of the discussion here tonight, correct? Yes, sir. You understand what are 12, I think, conditions existing now, correct? there was a suggestion of making a condition a little clearer that you wouldn't be handing off the establishment to a promoter, right, where they would charge a cover and they would promote it, you know, 70s night

There was also a discussion about the employee parking in the back and this idea of the back door being open, as Commissioner Seguto said, just the nature. Folks don't want to leave the door open. How are you intending to handle that for the noise that may be going into the back of the establishment?

When it comes to caterers and things like that, they'll want to load where it's most convenient to be able to set up and to take it downtown. Is there space in the back for the caterers and otherwise to load into the establishment?

What the concern is during the main hours of operation while music's going or people are celebrating birthdays or other milestone events, we want to make sure that the noise isn't flowing outward from the back as well. And you understand the conditions are the front door and the back door need to be closed at all times, except for ingress, egress. There was this suggestion, and maybe it's not fair to ask you this because you haven't talked to your lawyers about the significance of non-monetary default, this extra page. But as a general sense, are you willing to live up to these conditions at the risk of maybe even losing the establishment?

Okay, first of all, don't be nervous, okay?

not necessarily part of the code, but it seems to be that it's been voluntarily offered. And so I'm trying to understand the economics of it, because if you're holding a kid's 12-year-old birthday party and they're going to have 100 people there, you don't have to tell them they're paying for X number of hours of a security guard, correct? You're going to have to pass that on to the...

We'll open that up. We may end up calling the chief back up. All right. Commissioner Clark, Assistant Deputy Mayor Clark, would you like to talk? Okay. Thank you.

Commissioner Escudo. What is your role in this?

Managing or you own it? You're 50-50? I'm saying I'm trying to get.

I know it. I understand. Yeah. So it's a father and daughter, and you want to open up a banquet hall. Okay. But you heard what we had to say. Yes. I want to wish you the best of luck.

I'm just trying to guide you to make sure that someone other than your father doesn't try to put something in your head to try to make you do something that you shouldn't be doing. That's all we're trying to say. bringing the chief up just to explain what could happen if you don't follow the rule. We want you to be successful. But just when I heard the wanding and I heard the security guards, I'm like, just think of it. That's like me saying, I'm opening up a pizza place, but before you come in my pizza place, I'm going to wand you and I'm going to have two security guards outside. People woul

All right. Well, we'll talk to staff. We'll have to decide on that.

Okay. We have to see what is in your application, if you already put that down or whatever it is. I don't want you to start at an expense even before – Because there are some people in the city that have a 4 o'clock license that should have security and don't. But then there are people who have more than what they're supposed to have. So it's not benefiting some and it's benefiting others. So I want to make sure that with staff, if you're just offering this on your own or if you were offering this because you plan on doing something else.

Okay. Because if you know you plan on doing something else, it's not going to work. Eventually, you're going to get caught.

Okay. And to the point, Commissioner Scudero raises, as you agree to things that are costing a lot more, there becomes this pressure to do things when things are slow. And we've seen this repeatedly where a business has been struggling and they make decisions to go to a promoter or to put something in there. So that's a deep concern. We want you to be able to be, if this is approved tonight, you need to be financially successful to avoid those temptations.

Are you open to possibly considering those hours during the week?

So on the weekends, those events are until 12?

Okay, thank you. You know everyone has to be out by 1.

What kind of experience do you have running events?

Only going to be staffed when you're doing events and it'll be closed?

What is your business model suggesting how many events you plan on doing on average a week or a month?

The police. The police. No, no, no, no. You know what? You want to have a relationship with your neighbors, right? Yeah, it's important. We're going to take a biological break here in a second. I hope you all will spend some time at least introducing each other, no matter what happens tonight, right? You all should do that anyway.

So you understand that these are your neighbors. I understand, yes. much better to give him your number so if that music or that door opens up they call you before they call us don't you agree so we should start to build that relationship tonight that works let me ask you and again you're doing great i mean don't be nervous we're just asking questions to make sure we understand okay What was the reason you offered the security guards and the wanting based on what you learned had happened in the past with businesses that were there? Is that why you're trying to make us feel more comfortable?

So you're just trying to be proactive to make sure that this goes through. And if we were going to do security guards, you're not calling Cousin Joe to come put a security shirt on? Real security guards, right? And do you think with your business model, you're going to need security guards?

I mean, I want to make sure you're not planning... This is the type of establishment where I got to have two security guards and one people. Yeah. Because, I mean, that kind of raises a red flag with everyone. Like, no one else does that. But I appreciate you offering. But I want to make sure that you and I have an understanding that we're not looking for businesses like that. You're not proposing to be a business like that. I don't want you to have to pay all those extra expenses to take them on.

I want to make sure that you and I have that understanding.

To be clear, you know, it's possible you plan an event with someone and you're going to make a judgment call. Right? That you're going to say, I met with them. I understand who's coming. I'm a little concerned. Yes. And you need to have that flexibility to ask for it. And I don't want money to be too tight because you'll pay the price if that event gets out of control. You understand that, right? Right. So if you rent to a party and it becomes a melee and those guys got to come out, it will not take long to shut it down.

I'm not saying this to threaten you. I'm saying this to make sure we have a good line of communication. In the past, we've been here until 1 a.m., 2 a.m., 3 a.m. working to try to make sure the neighbors were all going to get along. So this is a moment for you to understand the seriousness from our perspective. And it's not because we're presuming you're going to do these things.

just want to make it clear that we really have virtually zero tolerance that understood yes sir can i do one more follow-up yes sir my wife and i we like to have a party once in a while the best fifty five dollars i ever spent was the decibel meter it's out on my patio okay so i would suggest that if you're gonna do that you're gonna have this type of event because you want to make sure that you're not You're going to want a decibel meter near every door so you can monitor it yourself. I would just really recommend that because I think my reading into this is noise is probably the number one,

All right. So why don't we do this to the Farrells and Ms. Gross. We're just going to take a biological break. All right. That'll give you all some time. Maybe you can chit-chat to each other, you know, introduce yourselves.

All right, well, that's very thoughtful. Maybe you can give to your neighbors first. We'll be right. We'll take a five-minute break. Microphone down there that may make it easier than you have to get up. You don't have to get up. We've got a microphone there. Okay. All right. Again, please state your name and address for the record.

Ms. Farrell, can I just stop you for a second? Can you maybe move that mic down? Perfect, thank you. As I get more gray hair, I think I'm getting down. Go ahead.

I mean, the last time a husband had to speak, he couldn't remember how long they were married. You saw that earlier tonight.

Okay, thank you, Ms. Farrell. Ms. Farrell, have you, let's say in the last 12 months, had any noise complaints that you filed with any of the businesses there?

Yeah, we're very aware of the past issues. I'm really trying to get an understanding because there's been a lot of new businesses, including Nacional, right, which has a big back entrance to it.

Okay, how about with MOV or any of the other establishments? There's a karate studio there, a martial arts studio that holds events from time to time. Have you had any problems with that?

All right. Any questions for Ms. Farrell from anyone else?

I was going to ask about the noise from Toa Toa. They just opened up. Any issues?

No. Mr. Farrell, you want to add anything?

We're very glad you're both here. You had to sit through a long meeting to get to this. But it's important. We're all neighbors, right? And we're all going to run into each other and we're all going to tell us if it's falling short, whether it's at an event or we're at a store, gas station, whatever. So we want you to know from us up here that we hear you. And we've lived the experiences prior to Shlomo being there and owning it. And we were very frustrated, including the police department and code. So we understand the seriousness of it.

Did you get her number? Not yet. Okay. All right. I want to make sure that there's an open line of communication for any issues that come up. So you have the person to talk to.

Come on, Neil. I'm a criminal lawyer, not a divorce lawyer. He's a lawyer. He's trying to represent you. He's already trying to get you in a divorce. Imagine this guy.

Thank you, Mr. Farrell. All right, Ms. Gross. First, we're just going to be a little formal, even though this is just neighbors. I just need you once again to give us your name and your address.

Thank you. You've already been sworn. If you can, maybe pull the microphone just a little closer to you.

And then when the police left, guess what?

Me too. I'm starved. I am starved. I'll tell you that right now. All right. As a matter of procedure, both staff and the applicant have an opportunity to question the sworn witnesses. Do you have any questions for them? Okay. The staff? Okay. All right. So do you have any other evidence you wish to present? Does staff have any additional evidence? Okay. Do the affected parties have any additional evidence they wish to offer? Okay. At this point, I'll open it up for public comment. Anybody wishing to be heard on this matter, please come forward or press 5-star on your phone. I see no one in the

We're going to close public comment on this. Anything else you'd like to present? Anything else the staff wish to present? Anything else you all wish to present? Mr. Moss, if you would, please read the statement as to the standard for review for the City Commission of this quasi-judicial matter.

Thank you, Mr. Moss. At the outset, guided by the law, mere speculation, conjecture, or general statements cannot support the denial of an application. I would find that the effective parties have a unique position having lived there and understand that the travel of noise i don't think you need to have an expert to understand that given the history and the admissions that have been made both by the landowner the police and and staff i would note that the applicant has made a number of voluntary concessions and while we're in the midst right here of just commission discussion i find that that

I just wanted to point out that just watching everything unfold tonight between the applicants, having the property owner here, the community staff, this is exactly the way I believe local government should be conducting themselves across the board. And I believe this is a prime example, and I hope that other cities can see this, that this can be done in a very professional way without sometimes the arguments and the yelling. I mean, it happens. It's okay. Of all my six years, I am just blown away at how everything just unfolded. And I want to thank everyone who participated in that. And, of c

Thank you. Commissioner Kirch. I'm sorry, Mayor. I agree with you on the security guards. I don't think it's necessary unless it's an event going late at night.

Offering it, but I don't think it's necessary unless you're gonna be I would like to see No backdoor access my guest I guess smoking cigarettes. I think that should be off limits to staff only I would like to see decibel meters at each door so you can monitor it both ways and maybe a little consistency on the hours of operation. I think we can start if you're doing good. Just the same thing I told Brothers Liquor Store. Let's start you out at a reasonable time and on the weekends we'll give you some flexibility. And if you're a good tenant and we're not getting emails and the neighbors are I m

I share my colleagues' sentiments. I really do like the pictures, and I see you already incorporated the buffer in this drawing as well so that you can have a separation from an access point to enter into the building. If we make those modifications that we're talking about, will that affect the decisions right now? We can do that in the back.

No, we'll do it here tonight. We'll walk out of here with the conditions as we've done. In the previous, okay. Yeah, so what'll happen is we'll take a brief recess or move on to other city business if available to allow them to work out the textual nature of this, and then it will be read into the record so that everyone knows what those conditions are.

All right, so then I have no other additional comments.

You went to these pitches for the record, or this is just an idea? Right, I was just going to say.

I just wanted to make sure because this build out is like a half a million dollar build out. Unless you're paying for this. Okay, well, I'm glad for AI, but you know what? Like, God, I'm just saying, he would love you as the property owner if you were going to invest $500,000 to make his place look like

And the guy to your right may not feel so good.

And then as far as us, we will be getting a lot of fees for a build-out with this. So watch what AI can get you in trouble sometimes. Because if you give this to him and say this is what you're going to do, you're going to be locked in. That's a cool half a million. That's quite an allowance. I agree. but you would have showed this in the beginning to say this is the type of venues that i would like to hold at this probably wouldn't ask you about the one thing and the security because you're trying to go in a different direction if we could get close to what this is it will have a beautiful su

So that would be the only thing I'd say. I don't want you to.

for additional security, you know, if it's not needed. So you're not going for a special exemption. You're not staying open until 4 o'clock. But still in this, I don't see, you know, whatever you're going to pull us during the week, I don't see why you should be open until 12 unless it's something special. And on the weekend, 12 being done by one person

Or is it you want to stay open to one and have cleaning to two?

Why don't you come to the podium because we can't. I mean, I can hear you. This is a big issue now. We're at the bottom line here.

This is what we're going to add to whatever or take away from whatever. You added the wand and you added the security. You may have a chance for us to take that away. You said about 12 going to one. Are we doing that, or is it one going to two? That's where we're going to start narrowing down now, what concession he, as the owner of the property, is going to put in.

12 o'clock to 1. Yeah, 12. Now, this is where the problem comes for the residents. Now, they're working. They have families. They got kids. Is this going to become an inconvenience during the week? Do you think you're going to rent Tuesday, Wednesday, Thursday? I don't know what I'm saying. You can't say, I'm only going to do it one Wednesday.

We don't have a process by which you would be able to come to us and say, hey, turns out Commissioner Kirch is having a birthday. He doesn't want to do it at his house. He's going to do it on a Wednesday. Can I get permission? It's not going to be that way. We're going to have to set specific guidelines for you to follow. So you need to make that decision. One option is nothing past 10 o'clock during Monday through Thursday. Nothing past 11. But going to midnight to 1 during the week, I'm just going to tell you, is probably a non-starter for me. Until you all can prove that you all can meet th Can I make a suggestion? Yes, sir. Commissioner Kirch.

We can go similar to what we did with Brothers. 9 a.m. to 11 p.m. music is off by 11.

You've got an hour to clean during the week.

No, no, I mean Monday through Thursday, 10 a.m. Latest is 11.

I disagree. I think it should be done, music off by 10, out by 11. Okay. That's my opinion, Monday to Thursday.

How does everybody feel? Friday and Saturday, music off.

So Sunday through Thursday, it would be 9 to 10 out by 11. Friday and Saturday till 12 out by 1. Your original motto was 9 to 1 every day. We have to come up to an agreement between the five of us with you and with the resident and with the property owner.

Before you do that, let me just kind of explain the process because this is new to you as well. We can just go on your application and just make a decision based on what you asked for. Kind of see where that's probably going to go. If it's every day until 1 o'clock, I'm not going to approve. You have the right, though, to say, no, that's what I want. I want to force the vote and see if there's substantial competent evidence to deny, because I really need that for my business model. That's your right. We're not forcing this down your throat. On the other hand, if you, and you need to think abou

If you want to talk to your father. We're going to go through a few of the other.

We're going to go through a few of the other. conditions because you all have to come and it's it's typical that we'll do this we'll say these things right say these additional conditions and then everybody kind of caucuses they go to the side and say hey can we live with that do we want that work with the neighbors or no we don't want that does that make sense yes you're getting quite an education here tonight probably they probably didn't go over that in the uh the school you took there All right, sorry, Deputy Mayor.

I just wanted to add, he mentioned Sunday through Thursday, but that only gives you two days to be able to have extended time. I personally think it should be at least three days, so that's Thursday, Friday, Saturday, or the Friday, Saturday, Sunday. So I don't want to take those three days away from her.

Right, so if you take off Sunday, then we have to give them Thursday. Exactly, but unfortunately, that's just the compromise we're going to have to do.

Okay. All right. So one is the hours. We're going to have to caucus on that. A second was the, and I, you have your light on.

We're still hashing out. Uh, two was the decibel meters. You know, relatively cheap, find that, put the doors outside or something to try to keep track of for what that's worth. Is that something that staff feels comfortable making as a recommendation? Mr. Lebowski's shaking his head yes. Mr. Slay, okay. That's two. The promoter language, clarifying no promoter language outside of the nightclub, which is really just probably a parenthetical to the nightclub more than anything else.

The security guard. Again, let's talk about what we're talking about here. Unless this is the Friday or Saturday night going till midnight. I don't see the need for it any other time. I personally don't. If it's the Thursday that we go to, if you're going to be music on till, and I'm not saying two, I think that might be overkill. You got to make, we have to make some suggestion, but you have to have at least one security guard. If you're going to be serving alcohol after 11 o'clock, that's my feeling after 11 o'clock, uh, It may only mean it's an hour or two hours that you have to have somebo

It should be 11 to 1 because the people are still there.

Yeah, if they start at 8, I don't think they need a security guard until 11. I mean, three hours, it's expensive. You're passing that on. It's going to be an issue. Now, be mindful. You throw a party, and you may not have enough experience where the hairs on the back of your neck go up. guys have a party and it gets out of control and you didn't have security there and there's a problem you're going to be facing some issues right we'll have to really think about what that looks like i'm not making a condition but you need to be mindful that you need if you're going to have a party better know

You have the right to demand anything you want as a business owner. That's separate and apart. You know that, right? All right. Ms. Lebowski, generally speaking, are you okay with that?

Till 1. To make sure everybody gets out. The back door issue, I don't know that we need more specificity on that, but there was this point that it's not for patrons, and it's to remain closed at all reasonable times. I mean, obviously, they know this. If you're taking trash out, you've got to take trash out, but it can't be propped open. If we get complaints, it's easy enough to figure out. Police drive to the back and see it's propped open. There's going to be a problem. Does that make sense?

Doors remain closed all times, kind of. You know what I mean? you okay with that mr. Lebowski yes mayor all right any other conditions that folks want to add or take away from are we fried Thursday Friday Saturday I'm supportive of the Thursday Friday Saturday I think that makes sense we'll give it a shot you think Sunday is gonna be a better night to rent out that's all my friend does it all right all right

Because some guests are actually renters.

But the parties shut down at 12. Yes. No more consuming alcohol. Right. Okay. So no serving alcohol or consuming alcohol from 12 to 1.

But it's not everybody's hanging out. No.

Dave can see that. Okay, so we want to have that. All employees and caterers and everyone else are going to have to come through the front. Yes, sir. Tell us about that because maybe we should have talked to you about that. About the parking? Yeah, and loading in the back. What's your sense?

You're not helping yourself here. Talk to me about loading in the back for these folks. Huh? Talk to me just about loading in the back for these folks. If they have a caterer and he's bringing in tables.

you know, beep, beep, beep, beep, all night, right?

I appreciate that. Mr. Lebowski, how do you deal with that?

So the condition would be that there will be an appendix created for the existing proposed lease that will set forth the non-monetary default terms that align with the conditions that the city has approved here tonight. Terms of that corrective action is going to be up to you all, whether that's seven days or whatever. Talk to the lawyers. There's other statutory issues you're going to have to deal with. I don't know the other aspects of your lease in terms of cure periods and otherwise. You've got to align that and figure that out. But the basic point is that the city's conditions are going t

Okay. Dad, you're? Dad, you're doing this $500,000 build-out. You're okay with this? All right. So then what we would need to do is we need to have staff take the time to actually sit down and type this out. And this is part of what they call watching the sausage being made, right? It's just painful. We've got to go through it. We're going to have to give staff a break and the city attorney to sit with Mr. Lebelski, Ms. Lay, then sit with the applicant, then sit with you, the landowner, to make sure, and then you all are going to see it. So We're going to take a brief recess in order to allow

Table it. Table it? Yes, that's fair. Is everybody in agreement on that? Yeah. Yep, okay. Okay, so just so everybody knows what we're doing going forward. All right, we're in brief recess. We'll let staff get working on that. City staff, along with the applicant, the owner, and the affected parties have had an opportunity to discuss a proposal for amendments to the resolution. The resolution in general reads that it's adopting the staff report as well as the conditions that were outlined and will be attached as exhibit A. In addition to those conditions, the following have been added. A, contr

Mr. Lebelski, is staff in support of these additional conditions? Okay, to the applicant, if you could come to the podium. Have you had the opportunity to review these additional conditions? Okay, good. Have you and your dad been able to go over this, and are you in agreement? You translated for him? Okay, good. But you guys are in agreement with these provisions?

Okay. To the unit owner, you've had the opportunity to review this. Are you in agreement with the conditions as well? Yes, I've reviewed and agreed. Okay. our affected parties you've had the opportunity I understand your previous position but understanding as a compromise are you in agreement with this as we move forward yes thank you for you for you all participating on behalf of your neighbors they may not send you a thank-you card but they should you could certainly tell them that we said so all right to my colleagues any edits or additions or amendments okay Mr. Moss, we would entertain a

All right. Do I have such a motion? Move it. Motion by Commissioner Kirk, seconded by Assistant Deputy Mayor. Any discussion on that motion? Go ahead and call the question.

Yes. Congratulations. This is the first step. I know you've been doing this, so I'll give you a round of applause. You've received quite an education tonight in local government. Your relationship with staff, through Mr. Lebelski's office, with your neighbors, through these representatives and others, is going to be critically important. So I look forward to you being a success. And we look forward to the ribbon cutting when you finally do this build out, Dad. But we do wish you the success. And you can see that everybody up here, all of my colleagues, we all care. And we want you to succeed.

Good night, all. Thank you all for being here and being, yes. All right. We still have some additional city business. City Manager's Report.

Assistant Deputy Mayor? Commissioner Kirch? Oh, I got a long one. Wave. I'm handing the gavel then. Commissioner Escudo? All right, and I wave. Can we have a motion to adjourn? Motion to adjourn by Commissioner Kerr, seconded by Deputy Mayor. All in favor say aye. Aye. Aye, and I was way off on timing tonight, sorry.