Help & information    View the list of Transcripts


TAMPA CITY COUNCIL

Thursday, April 15, 2010

9:00 a.m. session

DISCLAIMER:

The following represents an unedited version of
realtime captioning which should neither be relied upon
for complete accuracy nor used as a verbatim
transcript.
The original of this file was produced in all capital
letters and any variation thereto may be a result of
third party edits and software compatibility issues.
Any person who needs a verbatim transcript of the
proceedings may need to hire a court reporter.


09:03:54 >>THOMAS SCOTT: We will do the invocation and pledge

09:05:26 so the chair will now relinquish to Councilman Caetano.

09:05:33 >>JOSEPH P. CAETANO: We have the pleasure this morning

09:05:35 of having Steve Michelini who is going to do the

09:05:38 invocation, and after the invocation, please stand for

09:05:41 the pledge of allegiance.

09:05:42 >>STEVE MICHELINI: Good morning, council.

09:05:49 Dear God, we pray that you will shield us, your glory

09:05:55 will humble us, your power will defend us, your wisdom

09:05:58 will enlighten us, your goodness will supply us, your

09:06:02 grace will heal us, your mercy will pardon us, your joy

09:06:05 will be there to strengthen us, for the will to go on,

09:06:10 your promise will be there for all of us, the spirit is

09:06:13 there to lead us, God's strength is there to shield us.

09:06:16 Behold the mighty power of grace and glory of God.

09:06:19 Allow those here today to have it revealed to them.

09:06:23 As your humble servants, we see it and we feel it.

09:06:26 And the focus of that power light and wisdom, insight

09:06:29 and fortitude to be showered down upon your people, and

09:06:32 those who peer appear here today and upon the City

09:06:36 Council as they govern and drive this city and its

09:06:38 people.

09:06:38 We ask this in your name.

09:06:40 Amen.

09:06:40 (Pledge of Allegiance)

09:06:56 >>THOMAS SCOTT: We will now have roll call.

09:06:58 >>JOSEPH P. CAETANO: Here.

09:07:02 >>LINDA SAUL-SENA: Here.

09:07:02 >>GWEN MILLER: Here.

09:07:04 >>CHARLIE MIRANDA: Here.

09:07:07 >>THOMAS SCOTT: Here.




09:07:09 If we can have the city attorney address the issue of

09:07:12 the reorganization.

09:07:13 It's my understanding that councilman Dingfelder will

09:07:15 be at least 30 minutes late, he informed my office by

09:07:20 his aide.

09:07:21 I guess I need at this point some direction from legal.

09:07:24 >>MARTIN SHELBY: Mr. Chairman, I don't know whether

09:07:27 Mr. Fletcher wishes to -- well, what I suggest,

09:07:34 Mr. Chairman, this being an important organizational

09:07:39 meeting, obviously, if there's a desire for a full

09:07:42 council present.

09:07:42 It would be my suggestion that council make a motion to

09:07:45 waive the rules and to appoint -- appoint you to

09:07:49 conduct the meeting until a time we have a full

09:07:51 council.

09:07:53 >>LINDA SAUL-SENA: So moved.

09:07:56 >>CHARLIE MIRANDA: Second.

09:07:57 >>THOMAS SCOTT: So the motion is to waive the rules and

09:07:59 hold the organization upon his arrival?

09:08:03 >>LINDA SAUL-SENA: That's my motion is.

09:08:05 >>THOMAS SCOTT: Moved and seconded.

09:08:06 All in favor?




09:08:07 Opposes?

09:08:08 All right.

09:08:13 With that motion being late, that changes our agenda

09:08:16 somewhat.

09:08:16 So at this time we don't have any ceremonial items.

09:08:20 We will review our agenda now with the attorney.

09:08:22 >>MARTIN SHELBY: Mr. Chairman, please a motion to

09:08:26 adopt the minutes from the regular session held on

09:08:28 April 1st.

09:08:29 >>CHARLIE MIRANDA: So moved.

09:08:31 >>THOMAS SCOTT: Moved by councilman Miranda, seconded

09:08:33 by Councilwoman Mulhern.

09:08:35 All in favor say Aye.

09:08:36 Opposes?

09:08:37 >>MARTIN SHELBY: Good mornings.

09:08:38 Before you, you have the addendum to today's agenda.

09:08:43 You have some items under new business that will be

09:08:46 brought up at the end of the meeting.

09:08:48 To begin with, changes.

09:08:51 Item number 32, a resolution authorizing an agreement

09:08:56 between City of Tampa and the Tampa Port Authority.

09:08:58 You had received a memorandum from Steve Daignault




09:09:01 requesting that the resolution be removed from the

09:09:03 agenda.

09:09:05 Upon further reflection the administration is

09:09:07 requesting a continuance.

09:09:09 They believe that this agreement can be signed very

09:09:13 shortly, and that being the case they are asking it to

09:09:17 be added to the next week's workshop agenda on April

09:09:20 22nd.

09:09:21 I believe it's also going to be a request for

09:09:23 additional city business to be taken care of on that

09:09:25 date.

09:09:26 Mr. Territo is here to answer any questions that

09:09:28 council has.

09:09:29 But the request then is to continue item number 32 to

09:09:33 the start of April 22nd's workshop.

09:09:37 Item number 77 -- excuse me, item number 62 is a

09:09:41 resolution where you have received an e-mail requesting

09:09:44 that that resolution be substituted.

09:09:46 I believe the clerk has that resolution.

09:09:52 Item number 77 is something that takes place this

09:09:57 afternoon on your afternoon agenda, but I bring it to

09:10:01 your attention now in case there are members of the




09:10:03 public who would wish to attend.

09:10:07 The petition regarding a vacation of an alley south of

09:10:12 Morrison Avenue, north of Jetton, east of George, west

09:10:16 of Armenia.

09:10:17 The request will be that the petition be westbound

09:10:18 drawn.

09:10:19 That will not be heard this afternoon.

09:10:20 Item 79, you have received a letter.

09:10:25 There will be a request regarding the petition of CVS

09:10:29 at 99:15 east Sligh Avenue, 905 east Sligh Avenue and

09:10:35 6811 and 6809 north Nebraska Avenue.

09:10:38 That will be a request for continuance to May 20, 2010.

09:10:42 Item 80 is an alcoholic beverage request, SU-2 at 200

09:10:48 east Madison street.

09:10:49 That cannot be heard.

09:10:50 That's V-10-43.

09:10:54 There was no affidavit filed.

09:10:55 Item number 82, V-10-929 and SU-2 at 4320 North Armenia

09:11:03 Avenue, that cannot be heard due to a misnotice and

09:11:05 that will be rescheduled.

09:11:06 Item 83 is a petition of V-10-113, alcoholic beverage,

09:11:18 5602 North Armenia.




09:11:21 That will be withdrawn.

09:11:22 Item 92 is an appeal hearing from the Barrio Latino

09:11:29 regarding certificate of appropriateness at 829 and

09:11:35 1833 seventh Avenue.

09:11:38 There is a late request from the attorney requesting a

09:11:41 short continuance until the next available meeting.

09:11:43 He will be sending an attorney in his stead to request

09:11:46 that continuance.

09:11:47 Finally, item number 92 is the petition regarding a

09:11:51 decision of the DLC at 2410 E. 9th Avenue. That notice

09:11:53 and complete record have not been filed, and that also

09:11:53 cannot be heard.

09:12:00 I am not familiar with anything to be removed from the

09:12:03 consent docket for council discussion.

09:12:07 I present the agenda to you for your approval as

09:12:09 amended.

09:12:10 >>THOMAS SCOTT: Any other changes by council?

09:12:13 >>LINDA SAUL-SENA: So moved.

09:12:14 >>CHARLIE MIRANDA: Second.

09:12:16 >>THOMAS SCOTT: Moved and seconded.

09:12:17 All in favor signify by saying Aye.

09:12:19 Opposes?




09:12:20 Okay.

09:12:24 We will now hear from the public.

09:12:26 So at this time those who wish to address City Council

09:12:29 may come forward at this time.

09:12:31 You have three minutes.

09:12:34 State your name and address for the record, please.

09:12:36 If you wish to address City Council, you may come at

09:12:38 this time.

09:12:41 Items on the agenda first that are not public hiring.

09:12:45 Items that are not public hearings we will take up

09:12:48 first.

09:12:50 Items on the agenda.

09:12:51 That are not public hearings.

09:12:57 Come on.

09:12:57 >> My name is Warren Cohen, 109 Martinique Avenue on

09:13:05 Davis Island.

09:13:06 I'm here today regarding the Davis Island pedestrian

09:13:08 trail.

09:13:10 Is it possible to be view this if I put this here?

09:13:13 >>LINDA SAUL-SENA: Yes.

09:13:14 >>> This is a diagram of the trail.

09:13:20 Can you see my finger?




09:13:23 The trail is indicated by the red line and shows a

09:13:28 walking trail along the perimeter.

09:13:33 It shows a crossing point here where my finger is.

09:13:35 Servern and Martinique Avenue.

09:13:43 This is a dangerous intersection, probably 80 to '09%

09:13:48 of the people I have spoken to again it's a terrible

09:13:51 choice for a crossing point.

09:13:53 The reason it's a poor choice is that as you can see

09:13:56 it's right in the middle of an angle, a blind curve.

09:14:00 >>LINDA SAUL-SENA: Push it up a little more, if you

09:14:01 could.

09:14:02 Thanks.

09:14:02 >> People traveling from a this direction can't see the

09:14:06 crossing point until they are almost right upon it.

09:14:10 People traveling from this direction are traveling at

09:14:13 speeds -- the speed limit, I believe, is 30 miles per

09:14:20 hour.

09:14:20 People are traveling more like 40 miles an hour.

09:14:22 To my knowledge, a traffic study has not been done from

09:14:25 this direction.

09:14:26 One has been done from this direction but not this

09:14:28 direction.




09:14:31 It's clearly a dangerous place to cross.

09:14:35 I've spoken to several people about this from the city,

09:14:42 brown is the landscape architect, William port is the

09:14:45 traffic analyst who provides -- they told me the

09:14:49 reasons for this location were the path that people

09:14:53 take normally on their normal walking.

09:14:55 There's a dirt path along the grass here, indicates

09:14:58 that's where people naturally cross.

09:15:00 I went to look at this.

09:15:01 I never heard this term before.

09:15:03 And clearly the path shows people do not cross there.

09:15:05 Clearly it shows the path continues on.

09:15:08 So people don't actually cross there.

09:15:10 I live right there.

09:15:11 I never see people cross there.

09:15:14 It's a very unnatural place to cross.

09:15:16 The next reason that was given is that crossing points

09:15:18 are typically done at intersections.

09:15:21 This is not a true intersection.

09:15:22 This is an ancillary road.

09:15:24 When you drive in this area, many of you that are

09:15:26 familiar we've this area going out to the airport there




09:15:28 or the Yacht Club or the dog park, you don't feel this

09:15:31 road.

09:15:32 It's not like you are driving and expecting something

09:15:33 to happen there.

09:15:34 It's an ancillary road.

09:15:36 You don't feel it no. One is expecting a crossing

09:15:38 there.

09:15:38 While in most cases it might be good design traffic

09:15:42 logic.

09:15:43 In the real world it doesn't make sense.

09:15:46 There is an alternate location that's much safer just a

09:15:49 little bit further down the road, right here, where

09:15:51 there's a parking lot a.

09:15:54 A crossing can be done.

09:15:55 Typically crossings aren't done in the middle of roads

09:15:58 but in this case you have clear vision.

09:16:00 You can put speed bumps on either side if that was a

09:16:03 concern.

09:16:04 And many people who are familiar with the area feel

09:16:07 it's a much safer location.

09:16:09 I would like to see an alternate independent traffic

09:16:12 study done regarding this.




09:16:14 I think the residents deserve it.

09:16:16 I have petitions signed by many neighbors.

09:16:19 I spent very little time on this, but about 80 to 90%

09:16:23 of the people I have spoken to about it, it's obvious

09:16:25 to them this is a very poor choice of a location, and

09:16:28 we would like to see an -- independent study done on

09:16:33 this crossing.

09:16:33 (Bell sounds)

09:16:35 And I have petitions I would like to share with you.

09:16:38 >>LINDA SAUL-SENA: Do you want to the wait till we

09:16:41 here from all the audience?

09:16:44 >>THOMAS SCOTT: Yes, just make a note to come back, if

09:16:46 you would.

09:16:47 Next speaker, please.

09:16:48 >> My name is Billi Griffin and I'm the resident

09:17:01 association Belmont Heights Estates.

09:17:03 I'm here this morning because just yesterday I found

09:17:08 out that there is an application number Z-10-47 for a

09:17:15 liquor license.

09:17:16 >>THOMAS SCOTT: Okay, ma'am, that is a public hearing,

09:17:19 so you are not allowed to speak on that at this point.

09:17:22 When we get to the item, then you can speak to that.




09:17:24 >> Yes, sir.

09:17:26 Thank you.

09:17:29 When the second reading on that item comes up.

09:17:36 >> My name is Dhashi Tambiah, live on Davis Island.

09:17:44 My comment is also about the pedestrian crossing for

09:17:48 the path on Davis Island.

09:17:50 As well as being a residents of Davis Island, I'm a

09:17:53 pedestrian.

09:17:53 I live most of my adult life in London and never had a

09:17:57 car there and I still don't have a car here.

09:17:59 So that's why I walk a lot.

09:18:01 I'm very glad the glad the path is going to happen.

09:18:04 I think it's going to make things more pleasant,

09:18:06 easier, safer, and my concern is the location of the

09:18:09 crossing.

09:18:11 When I cross with a clear visual direction of the

09:18:16 traffic, obviously, so that I can see them and so that

09:18:19 they can see me.

09:18:21 The proposed crossing is at the apex of the curve where

09:18:26 it goes around the runway, and therefore there's an

09:18:31 obstructed visual from the point of view of the

09:18:33 pedestrian and the driver.




09:18:36 And you may say that's even more reason to have a

09:18:38 crossing there, an official crossing there, but in my

09:18:41 experience the presence of an official crossing doesn't

09:18:43 necessarily mean that it's a safer crossing.

09:18:47 An example, if you think of the crossing just out side

09:18:49 Tampa General Hospital where the cars come from the

09:18:52 bridge on Davis Island, that's an official crossing

09:18:58 very well signed, and in my experience as a pedestrian,

09:19:04 cars never slow down there.

09:19:06 I always have to wait for ages, and I actually wait so

09:19:09 there can be no traffic.

09:19:10 And that's an official crossing which is meant to be

09:19:13 safer but actually it doesn't.

09:19:16 So I feel that in this case, a similar case, there's no

09:19:20 visual, and the traffic is going to be surprised by the

09:19:23 presence of pedestrians, and the pedestrians, we can't

09:19:28 see where the traffic is coming, and I also feel that

09:19:30 the crossing should be at a different location.

09:19:32 >>THOMAS SCOTT: Thank you.

09:19:35 Next speaker.

09:19:35 >> Good morning.

09:19:38 My name is Robin Milkowitz. I'm the founder of




09:19:41 Seminole Heights community gardens.

09:19:43 I have a very small map, and I have some packets to

09:19:47 present to you.

09:19:48 >>LINDA SAUL-SENA: Push that over.

09:19:51 Sorry.

09:19:51 >> I'm not sure where I was here.

09:19:56 I have a packet to present.

09:19:58 Should I give those to you now?

09:20:04 The reason I'm here to talk to you today is to try to

09:20:13 get your help for the community garden group.

09:20:18 The 22nd street park.

09:20:20 You have to pardon me, I'm a little nervous.

09:20:22 We have been on violet street for a year.

09:20:25 We started last year after I spoke with Mary Mulhern,

09:20:29 who was trying to get a community garden started in

09:20:32 East Tampa.

09:20:32 And she said to go ahead and get one started in

09:20:34 Seminole Heights.

09:20:36 The great thing about Seminole Heights is it's a great

09:20:38 community and we have been able to get a lot of support

09:20:42 not only from the residents but from the businesses and

09:20:46 the neighborhood associations.




09:20:47 And I think we have enough support that would demand

09:20:54 that we need a bigger spot, we need a bigger place to

09:20:55 garden, and 22nd street park is an unused field at the

09:20:59 end of 22nd street and the river.

09:21:04 It's actually a total of 24 acres, which includes the

09:21:07 baseball field, and just open area with a tree line

09:21:12 along the liver.

09:21:13 We would like to get at least part of that so we

09:21:16 concrete a larger community garden and provide food for

09:21:19 our community, a respite for people to come and enjoy

09:21:25 themselves and a place for people to come and exercise.

09:21:30 So we are here to ask for your help.

09:21:33 We are going to hold a press conference on Monday and

09:21:35 we would like for all of you to come join us.

09:21:38 And I think that's about it, really.

09:21:41 >>THOMAS SCOTT: Thank you very much.

09:21:43 Next speaker.

09:21:43 >>MARY MULHERN: Can I ask her a question about it?

09:21:50 When and where is your press conference?

09:21:52 >> There's an invitation on the back of the package so

09:21:55 the public is welcome to come.

09:21:57 The press conference is next Monday, April 19th, at




09:22:00 our violet street garden which is in Seminole Heights

09:22:04 between flap Avenue and the river.

09:22:07 >>THOMAS SCOTT: 10:00.

09:22:08 It's already on my calendar.

09:22:09 I plan to come.

09:22:10 It's at 10:00.

09:22:11 >> That's fantastic.

09:22:13 Thank you so much.

09:22:15 Hope to see you all there.

09:22:16 >> Good morning.

09:22:18 My name is Harriet Brantner, and I live at 445 south

09:22:22 12th street, Tampa, and that is The Towers of

09:22:24 Channelside building 2.

09:22:27 I'm here today because I'm representing 76 owners for

09:22:32 150 folios located at the towers who did not receive

09:22:36 the required legal notification last July regarding a

09:22:39 special use permit.

09:22:42 Petition VO 9-306 for a location at 223 south 12th

09:22:47 Street.

09:22:48 We want the City Council members to know about the lack

09:22:50 of due process and due diligence that occurred in 2009.

09:22:55 This just came to our attention about two months ago




09:22:57 after it was announced at a CRA meeting and reaffirmed

09:23:02 in the Channel District publication volume number 3-1.

09:23:05 Research revealed the violation affects more than 50%

09:23:09 of our folios.

09:23:11 We are denied the opportunity to ask questions, to

09:23:14 participate within our community regarding another bar

09:23:17 that will have indoor and outdoor seating along with DJ

09:23:22 music.

09:23:23 Most alarming is the classification 4(COP-X).

09:23:27 The approval establishes a more intensive use of that

09:23:32 in the Channel District causing adverse effects to our

09:23:35 residents.

09:23:35 Notifications were sent to 20 businesses in the Channel

09:23:38 District but not to the AZURE bar locate right below

09:23:43 the building.

09:23:44 It appears City Council approved a special use permit

09:23:47 on September 3rd, 2009.

09:23:50 There were many inconsistent locations in the report on

09:23:53 petition for special use, but the owners had no idea

09:23:57 what the resolutions were and what occurred.

09:24:00 On Monday, we delivered a packet to Rebecca Kert, the

09:24:06 city attorney's office, and was given to Debby Crawford




09:24:09 on Tuesday Debby answered some of our questions, and I

09:24:13 have the packet for everybody, and it outlines all the

09:24:17 proof of who was served the petition and who was not.

09:24:22 So I don't know what you can do about it.

09:24:24 We ask your help, what recourse can City Council help

09:24:29 us with, and how long before we might hear something.

09:24:33 And you can see right here, this is the building that

09:24:39 we are questioning, and this is the property that's

09:24:40 requesting the special use.

09:24:44 Or has the special use.

09:24:46 I live there.

09:24:47 I have been there since 2007.

09:24:50 The other building received the notice, and even some

09:24:53 of those people didn't get it all.

09:24:55 Our homeowners association president, he didn't even

09:24:58 receive one.

09:24:58 >>LINDA SAUL-SENA: We are going to address this after

09:25:03 we hear from all the public.

09:25:06 >>THOMAS SCOTT: Okay.

09:25:11 Thank you very much.

09:25:12 Next speaker.

09:25:16 >> I'm Phil Compton with Sierra Club.




09:25:20 I live at 1430 Park Circle here in Tampa and also

09:25:23 represent the Friends of the River, and I'm speaking

09:25:25 today in support of the resolution on agenda item

09:25:28 number 75, which is from the mayor's administration to

09:25:33 support the Tampa Bay estuary program model for the

09:25:37 fertilizer management ordinance as recommended by the

09:25:42 estuary program board, and implemented by the Pinellas

09:25:46 County commission by a 6-1 vote in January.

09:25:50 You know, four years ago, I was on the mayor's

09:25:53 environmental round table at a meeting with the mayor,

09:25:55 and the very first person who ever introduced this idea

09:25:58 to me was the mayor.

09:25:59 I know it's very important.

09:26:01 She asked us to look into what they were doing down in

09:26:04 Sarasota.

09:26:05 Sarasota passed the state's first fertilizer management

09:26:08 ordinance that recognized the fact that it rains here

09:26:10 in the summertime, and when it rains in June, July,

09:26:14 August, September, and we plant fertilizer to our

09:26:17 yards, it runs off into the water and it causes huge

09:26:20 problems.

09:26:22 In the experience of Sarasota, who had two rainy




09:26:24 seasons with this, have been very positive.

09:26:26 Not only is the water getting healthier, but their turf

09:26:29 is getting healthier, to a degree that no one would

09:26:32 have actually anticipated.

09:26:34 Palmer Ranch area, a DRI down there, their turf

09:26:38 replacement costs Virginia gone from $90,000 a year to

09:26:41 $6,000 a year because it turns out, as Ivis has told

09:26:45 us, applying fertilizer in the rainy season actually

09:26:47 leads to problems with chinch bugs and with fungus,

09:26:53 that eats up so much turf.

09:26:54 So all the problems are being resolved with that.

09:26:58 It's a wonderful way of directing our terrible problems

09:27:01 with the Hillsborough River and our other lakes here in

09:27:05 the city to educate the public to do their part, to not

09:27:09 raise our taxes, but simply to address this, to have

09:27:12 everyone do their part through personal responsibility.

09:27:15 This morning I was listening to the NPR station, the

09:27:19 public education is already going forward, and for

09:27:22 Pinellas County's ordinance.

09:27:24 This approach from the estuary program relies

09:27:27 completely on public education.

09:27:29 That's why it makes so much sense.




09:27:31 You won't have to build the infrastructure to reduce a

09:27:34 huge amount of nutrient solution.

09:27:36 You will have healthier lawns and healthier waters and

09:27:39 a healthier river here in Tampa Bay.

09:27:41 So we urge you to support that.

09:27:44 And by the way, Mrs. Milkowitz proposition would not be

09:27:52 a problem.

09:27:53 Community gardens are exempt from this rainy season

09:27:55 application of fertilizer as are your sports field.

09:27:58 So we have a letter from not just the Sierra Club but

09:28:01 the 91 community organizations in the Tampa Bay region

09:28:04 that support this approach, and have for the last

09:28:06 several years.

09:28:07 It's not working from Pinellas County all the way down

09:28:10 the Gulf coast to Naples and Lee County, Sarasota

09:28:14 County, as an extremely sensible and cost effective way

09:28:17 to engage the public and supporting and reducing the

09:28:22 regional pollution and making our waterways healthier

09:28:25 and our quality of life better without raising taxes.

09:28:28 In fact it's going to save this city millions of

09:28:30 dollars in cleaning up the water, the hard way.

09:28:35 We need to engage the public and we thank you for




09:28:37 supporting this resolution today.

09:28:38 I will be here and I understand that someone from the

09:28:43 estuary program will be here to explain this.

09:28:47 >>THOMAS SCOTT: Thank you.

09:28:47 Anyone else from the public?

09:28:49 Okay.

09:28:53 Councilwoman Saul-Sena.

09:28:54 >>LINDA SAUL-SENA: The first issue is the traffic

09:28:56 study on Davis Island.

09:28:57 And I'm familiar we've this area.

09:28:58 I actually walk this, exercise.

09:29:00 Frankly, I believe of that Mr. Cohen is absolutely

09:29:04 right.

09:29:05 So my motion would be to ask for an immediate traffic

09:29:09 study of the crossing point, looking at the point that

09:29:15 he's proposed in his presentation, which is across

09:29:20 further down the road and across from the parking lot,

09:29:23 and receive that back for somebody to appear and

09:29:27 present in 30 days, and hopefully not build the other

09:29:31 crossing point until we get that study done.

09:29:33 That's my motion.

09:29:37 Davis Islands crossing point on Martinique, the




09:29:42 petition by a number of people.

09:29:45 I think you are familiar with this.

09:29:46 >>THOMAS SCOTT: So you want them to appear within 30

09:29:48 days?

09:29:48 >> In 30 days which would be the second council meeting

09:29:51 in May.

09:29:53 The reason I'm asking for such an expedited time

09:29:56 fashion --

09:29:57 >>THOMAS SCOTT: Well, I just want to make sure the

09:29:59 motion is clear, a 30-day period from staff to report

09:30:02 back to us on this item.

09:30:03 In there, you are requesting a traffic study be done.

09:30:07 >>LINDA SAUL-SENA: What he's proposed is this path.

09:30:11 >>THOMAS SCOTT: I understand.

09:30:12 I am just trying to be clear about the motion and make

09:30:14 sure we are on legal footing.

09:30:15 >>> My point was going to be, I don't think to get a

09:30:21 real traffic study done 30 days would be enough.

09:30:23 But I understand that there's interest in getting a

09:30:25 response quickly.

09:30:26 So I think maybe the best thing to do is just have

09:30:29 staff come and report to you on why that was selected




09:30:31 and what they considered and address this issue at that

09:30:35 point.

09:30:35 >>LINDA SAUL-SENA: Well, where I would really like is

09:30:39 not why staff is supporting what they already proposed

09:30:41 but would they consider the other crossing point that

09:30:46 was suggested in this petition, because it seems to me

09:30:49 that that would be the safer choice, and that's what

09:30:52 this is all about.

09:30:53 It's safety for the Davis Islands community.

09:30:57 >>THOMAS SCOTT: Well, I think you always want all the

09:30:59 information.

09:31:01 To make a good decision you should have all the

09:31:03 information.

09:31:03 >>CHARLES FLETCHER: For instance, I don't know if we

09:31:06 have rights to put the trail there.

09:31:08 That is one of the things we looked at.

09:31:10 So that was a motion.

09:31:12 >>THOMAS SCOTT: In 30 days staff report to us on the

09:31:14 Davis Islands trail.

09:31:15 Seconded by Councilwoman Mulhern.

09:31:17 >>JOHN DINGFELDER: Thank you, Mr. Chairman.

09:31:21 I went out there, spoke with the gentleman who lives on




09:31:23 the corner, and that's the one who came in front of

09:31:29 council, put a lot of effort and time into this,

09:31:31 talking to Karen Palus and Steve Daignault about this

09:31:34 issue.

09:31:36 They have definitely measured the traffic, and the

09:31:39 effect on a traffic study, but they definitely measured

09:31:42 the traffic and the speed, and they have done the sight

09:31:44 lines and that sort of thing and they are putting their

09:31:47 engineering, you know, their engineering degrees on the

09:31:49 fact that they claim that this is the safest place to

09:31:52 be.

09:31:53 I had my concerns.

09:31:55 I sent a lot of e-mails and received a lot of e-mails

09:31:58 on this issue.

09:31:59 My biggest concern right now, I want to suggest we do

09:32:02 this in 15 days, because I don't want to hold up the

09:32:05 bigger project.

09:32:06 Because we voted about a month ago to fund the

09:32:10 construction, and I don't want the construction to be

09:32:13 delayed for the rest of the project.

09:32:15 >>LINDA SAUL-SENA: Well, if they start at the end they

09:32:19 won't be getting to --




09:32:21 >>JOHN DINGFELDER: I understand, and your motion is

09:32:23 well taken, but I would like to shorten it up to 15

09:32:26 days so Karen and Steve Daignault can get in front of

09:32:29 us and we can hear their whole --

09:32:32 >>LINDA SAUL-SENA: I would be happy to.

09:32:35 >>JOHN DINGFELDER: May 6th.

09:32:38 >> Three weeks, May 6th.

09:32:40 >>LINDA SAUL-SENA: I amend my motion to May 6th to

09:32:43 appear and report under staff reports.

09:32:46 >>THOMAS SCOTT: It's moved and seconded.

09:32:47 >>MARTIN SHELBY: Just as a reminder, council, to keep

09:32:51 you informed if you look at the calendar, you presently

09:32:53 have nine ordinances for second reading that morning,

09:32:57 plus you have the ones that are coming up today.

09:33:01 This afternoon we also have second reading, an you have

09:33:05 12 staff reports for that meeting as well.

09:33:07 But I understand.

09:33:07 Just to keep you informed.

09:33:08 >>LINDA SAUL-SENA: Frankly we have been working on

09:33:10 this trail for about --

09:33:12 >>THOMAS SCOTT: Okay, this is the motion.

09:33:13 Let's get it done.




09:33:14 Moved and seconded all in favor say Aye.

09:33:16 Opposes?

09:33:16 Okay.

09:33:17 Let's take up the community garden issue.

09:33:19 Yes.

09:33:20 >>MARY MULHERN: Yes, I'm very excited and was planning

09:33:23 to come to your celebration of your one-year

09:33:27 anniversary, and I think I would ask for -- I think

09:33:34 it's about time we have a workshop on community

09:33:36 gardens, and we can talk about this as one of the

09:33:40 items.

09:33:41 So I'll bring that up as new business to schedule a

09:33:43 workshop.

09:33:45 >>THOMAS SCOTT: Well, my suggestion would be why don't

09:33:47 we ask the administration to review and look at that

09:33:51 and bring a report to us.

09:33:52 >>MARY MULHERN: I'll do that.

09:33:53 I'll make a motion to ask the administration to bring a

09:33:56 report on using 22nd street park for the relocating the

09:34:04 Seminole Heights community gardens, and -- second

09:34:10 meeting in May.

09:34:11 I also wanted to congratulate you and tell you that as




09:34:16 new business I will ask for a commendation which we can

09:34:18 present on Monday to the gardens.

09:34:21 It's usually a plaque.

09:34:22 So I don't know if you can hang it outdoors.

09:34:24 But hopefully if we can do something that's plastic or

09:34:29 something.

09:34:29 >>THOMAS SCOTT: Moved and seconded that administration

09:34:32 report to us in 30 days on the location of the Seminole

09:34:37 Heights community gardens to the 22nd street park.

09:34:41 All in favor signify by saying Aye.

09:34:42 Opposes?

09:34:43 Okay.

09:34:43 Now we have -- yes.

09:34:48 >>LINDA SAUL-SENA: Since you are going to need

09:34:50 something specifically designed, you might want to get

09:34:52 with the urban charrette and ask for their help,

09:34:56 because you don't need that whole piece of land, and

09:34:58 what a reasonable proposal is and be able to provide

09:35:01 that in 30 days when the administration comes back so

09:35:06 that you have sort of a sense of what you are really

09:35:08 looking for.

09:35:08 >>THOMAS SCOTT: Okay.




09:35:10 The last issue that was brought before us was the tower

09:35:12 of Channelside.

09:35:13 Legal, can you address that?

09:35:17 Do you want to report back to council on that issue?

09:35:22 >>CHARLES FLETCHER: Mrs. Kert as indicated has been

09:35:24 contacted.

09:35:25 We are looking at it.

09:35:26 Typically, council would lose jurisdiction like this

09:35:30 but considering the allegation regarding the notice we

09:35:32 will have to look at that and how much --

09:35:37 >> How many days do you need?

09:35:39 >> 30 days.

09:35:41 >>THOMAS SCOTT: Do I have a motion to that effect?

09:35:43 >>MARY MULHERN: So moved.

09:35:44 >>THOMAS SCOTT: Seconded by councilman Dingfelder that

09:35:47 legal report back to us in 30 days on The Towers of

09:35:49 Channelside, and that whole hearing process

09:35:53 notification.

09:35:53 All in favor signify by saying Aye?

09:35:56 Opposes?

09:35:57 Okay.

09:35:57 I believe that took care of all the issues that came




09:35:59 up.

09:36:00 At this time, we will turn it over to our clerk who

09:36:03 will conduct the reorganization at this time.

09:36:07 He's here.

09:36:07 >>SHIRLEY FOXX-KNOWLES: City Clerk for the City of

09:36:34 Tampa.

09:36:35 We will now conduct the election for chairman and

09:36:39 chairman pro tem for Tampa City Council.

09:36:41 Here are the election guidelines.

09:36:43 The election of the chair will be held first.

09:36:47 Nominations do not require a second.

09:36:50 Please wait to be recognized before nominating a

09:36:52 candidate.

09:36:53 I will open the nominations and close them when all

09:36:59 nominations have been made.

09:37:01 Votes will be counted by raising the hand.

09:37:03 The vote will be taken in the order of the nomination

09:37:06 beginning with the first name nominated.

09:37:09 The vote will cease as soon as there is a majority

09:37:12 which requires four votes.

09:37:14 Having said that, nominations are now in order for

09:37:18 chairman.




09:37:19 Mr. Miranda.

09:37:19 >>CHARLIE MIRANDA: I nominate the honorable Tom Scott.

09:37:24 >> Second.

09:37:29 >>SHIRLEY FOXX-KNOWLES: Councilman Scott has been

09:37:31 nominated.

09:37:32 >>LINDA SAUL-SENA: I move that nominations cease and

09:37:36 that Chairman Scott is selected by acclamation.

09:37:38 >> Second.

09:37:40 >>SHIRLEY FOXX-KNOWLES: All in favor?

09:37:43 Okay.

09:37:45 Would the new chair like to say a few words?

09:37:48 >> just thank council for their support and confidence.

09:37:52 Thank you.

09:37:52 >>SHIRLEY FOXX-KNOWLES: Nominations are now in order

09:38:01 for chairman pro tem. Is there a nomination?

09:38:04 Mr. Miranda.

09:38:05 >>CHARLIE MIRANDA: I nominate Gwen Miller.

09:38:07 >>SHIRLEY FOXX-KNOWLES: Ms. Miller has been nominated.

09:38:12 >> Second.

09:38:14 >>SHIRLEY FOXX-KNOWLES: Are there any other

09:38:15 nominations? Ms. Saul-Sena.

09:38:17 >>LINDA SAUL-SENA: I move this is done in a similar




09:38:21 fashion that she be selected by acclamation.

09:38:25 >>SHIRLEY FOXX-KNOWLES: All in favor?

09:38:27 Okay.

09:38:27 Would the new chair pro tem like to say a few words?

09:38:31 >>GWEN MILLER: Thank you.

09:38:32 >> We don't have to buy new stationery then.

09:38:39 [ Laughter ]

09:38:42 >>SHIRLEY FOXX-KNOWLES: Moving right along.

09:38:46 We will have the elections for CRA.

09:38:51 The election guidelines are the same.

09:38:54 Is there a nomination?

09:38:55 Ms. Saul-Sena?

09:38:56 >>LINDA SAUL-SENA: I would like to nominate Mary

09:38:58 Mulhern.

09:38:59 >>SHIRLEY FOXX-KNOWLES: Ms. Mulhern has been

09:39:01 nominated.

09:39:02 Is there another nomination?

09:39:06 >>THOMAS SCOTT: I nominate Ms. Miller.

09:39:09 >>SHIRLEY FOXX-KNOWLES: Ms. Miller has been nominated.

09:39:11 Is there another nomination?

09:39:14 We'll close the nomination with Mary Mulhern and Ms.

09:39:20 Miller.




09:39:21 All in favor of Mary Mulhern, would you please raise

09:39:24 your hand?

09:39:27 Okay, that's three.

09:39:28 All in favor of Ms. Miller, please raise your hand.

09:39:32 That's four.

09:39:34 Ms. Miller, would you like to be say a few words?

09:39:37 >>GWEN MILLER: Thank you again.

09:39:38 >>SHIRLEY FOXX-KNOWLES: And now nominations for the

09:39:42 vice chair.

09:39:44 Is there a nomination of vice chair of CRA.

09:39:49 >>CHARLIE MIRANDA: Mr. Caetano.

09:39:52 >>SHIRLEY FOXX-KNOWLES: Mr. Caetano has been

09:39:55 nominated.

09:39:56 Is there another nomination?

09:39:58 Yes, Ms. Saul-Sena?

09:40:00 >>LINDA SAUL-SENA: The reason that I would like to

09:40:01 nominate Mary Mulhern is because the CRA -- Mr.

09:40:06 Caetano's district does not include any of the areas

09:40:09 that are in -- that are CRA districts, whereas Mrs.

09:40:13 Mulhern is a countywide City Council member.

09:40:16 And when we have -- when we have the city-wide

09:40:20 responsibility such as Ms. Miller, myself and Ms.




09:40:23 Mulhern have, we are responsible for all of these

09:40:25 districts.

09:40:26 Therefore, it seems to me -- in fact, the rule used to

09:40:30 be that to serve as a CRA chairman that you had to be a

09:40:35 countywide -- excuse me, city-wide representative.

09:40:39 And for that reason, and the fact that in her capacity

09:40:43 she really is very engaged with all these communities.

09:40:46 I think she would be a very strong CRA chair.

09:40:49 And as we look ahead, and we know that I'm term

09:40:53 limited, Ms. Miller is term limited, I think it would

09:40:55 be great experience for someone who probably will

09:40:57 continue as a CRA and council member.

09:41:00 >>CHARLIE MIRANDA: I certainly have nothing but praise

09:41:03 for Councilwoman Mulhern.

09:41:08 What is brought up now is that if you are city-wide,

09:41:11 you should have an advantage of some sort which was not

09:41:14 actually addressed.

09:41:15 But when you look back at history, and that's what

09:41:19 tells you what the future is, you must look backwards

09:41:22 to go forward, believe it or not.

09:41:25 At one time, only district individuals that were

09:41:28 city-wide when they started talking about the




09:41:32 chairmanship could be elected chair, and that's in the

09:41:36 record.

09:41:39 Years ago, that district individual could serve as

09:41:43 chairman.

09:41:43 And I don't see Mr. Scott being city-wide.

09:41:48 So what I am saying is I have some valued feelings.

09:41:54 Some of us if not most of us won't be back next year,

09:42:00 either to the detriment or to the betterment of

09:42:02 society.

09:42:02 I don't November which.

09:42:03 So that's up to the public to decide.

09:42:05 But it's a comfort about me that in the last year that

09:42:09 we have continuity, that we have a basis of

09:42:14 understanding of where this government is going, that

09:42:18 during these difficult times that we have in this

09:42:20 country, and everybody says it's getting better -- if

09:42:25 it's getting better, I don't see it.

09:42:28 That's all I am going to say.

09:42:29 But that was eight years ago.

09:42:31 That was taken off the record.

09:42:32 >>THOMAS SCOTT: Councilman Caetano.

09:42:36 >>JOSEPH P. CAETANO: The gentleman that I replaced on




09:42:38 this City Council seat, I understand, never came to a

09:42:41 CRA meeting.

09:42:43 I might have missed one or two meetings for health

09:42:47 reasons.

09:42:48 But that's my stand on that issue.

09:42:52 >>SHIRLEY FOXX-KNOWLES: We have two nominations for

09:42:57 the vice chairmanship of the CRA, Mr. Caetano and Ms.

09:43:03 Mulhern.

09:43:03 Is there another nomination?

09:43:05 I will close.

09:43:07 Mr. Caetano and Ms. Mulhern.

09:43:10 All in favor of Mr. Caetano, would you please raise

09:43:12 your hand?

09:43:15 Okay.

09:43:15 Mr. Caetano, would you like to say a few words?

09:43:20 >>MARY MULHERN: I thank everybody for the confidence

09:43:21 that they put in me in this seat.

09:43:24 Thank you.

09:43:24 >>SHIRLEY FOXX-KNOWLES: Thank you.

09:43:27 I would like to turn it back over to the chair.

09:43:29 Thank you.

09:43:29 >>CHARLIE MIRANDA: If we would have had you as




09:43:33 supervisor of elections we never would have wasted

09:43:36 those moneys.

09:43:37 >>THOMAS SCOTT: Councilman Dingfelder.

09:43:38 >>JOHN DINGFELDER: Thank you.

09:43:39 Mr. Chairman, I just wanted to congratulate you and

09:43:42 recognize your hard work over this past year.

09:43:46 I don't know if folks in the audience know, but being

09:43:49 chairman does mean a lot of extra work, but not one

09:43:52 penny of extra pay, and we appreciate all your hard

09:43:56 work, and it's obvious that we do, and congratulations.

09:44:01 >>THOMAS SCOTT: Thank you very much.

09:44:01 I appreciate it very much.

09:44:02 It's been a good year the past year working with

09:44:06 council.

09:44:06 Now I look forward for this last year.

09:44:08 Many of us will not be back here after this year.

09:44:13 It's been a very good council to work with, and I look

09:44:16 forward in the future for the next year, the coming

09:44:19 year.

09:44:21 That we have some real challenges.

09:44:22 Some things I will bring up under new business that I

09:44:24 think we need to consider such as redistricting.




09:44:27 I think that's a big usual you for this council.

09:44:30 And the light rail, transportation issue.

09:44:36 I think council should play a major role in that.

09:44:38 Let's move to our agenda.

09:44:45 Anyone wishing to address council on a reconsideration

09:44:47 of a legislative matter?

09:44:52 We will move now to committee reports.

09:44:54 That's right, we have a first reading ordinance.

09:44:57 This is relative to the foreclosure, the legal one --

09:45:04 does legal wish to address this?

09:45:07 Anything to say?

09:45:09 >>LINDA SAUL-SENA: I have a question.

09:45:10 There was an article in this morning's paper about the

09:45:14 mosquitoes being particularly virulent this year which

09:45:18 is very concerning to me.

09:45:19 My concern is that as homes are foreclosed that our

09:45:22 code enforcement people have access to the swimming

09:45:25 pools that may be abandoned and could be breeding

09:45:28 grounds for mosquitoes.

09:45:31 I'm seriously concerned about this, as we are just at

09:45:33 the very beginning of our mosquito season.

09:45:37 And while it's not since you deal with code enforcement




09:45:49 you would be a great person to ask.

09:45:52 Our code enforcement inspectors able to get access to

09:45:56 be foreclosed homes swimming pools to make sure that

09:46:00 they are not mosquito breeding grounds?

09:46:02 >>ERNEST MUELLER: Assistant city attorney.

09:46:07 They will be able to have access.

09:46:10 They may have to go ahead and get inspection order to

09:46:14 enter that property.

09:46:14 >> How are they able to gain the warrant?

09:46:19 >>ERNEST MUELLER: They would have to put an affidavit

09:46:20 of in and take it to a judge, and tell the judge they

09:46:24 have reason to believe there's probable cause there may

09:46:26 be code violations, mosquito issues.

09:46:30 >>LINDA SAUL-SENA: Given the number of foreclosures,

09:46:31 the number of pools and the rapidity with which schools

09:46:36 breed I'm wondering if in this particular summer, in

09:46:39 this particular climate politically and economically if

09:46:42 you could do something to expedite this process.

09:46:45 Perhaps working with the public health officer in the

09:46:49 community.

09:46:49 I'm really serious.

09:46:50 I don't know what other municipalities like Temple




09:46:52 Terrace, Plant City and the county are doing, but it

09:46:55 seems to me that this is a serious public health issue,

09:46:58 and that perhaps there could be some expedited process,

09:47:04 or some judge that's educated about this so that this

09:47:08 process can happen, in a more rapid fashion, because I

09:47:12 would just as soon, based on how long everything else

09:47:14 takes, this would take about 30 days, which would be

09:47:17 enough time to take -- get west Nile virus all over

09:47:22 creation.

09:47:23 >> You mean to get the inspection work?

09:47:25 >> To get the warrant, take it to the judge.

09:47:28 >> I think it would be a much faster process than that.

09:47:32 As soon as we become aware of a problem, we'll move to

09:47:36 get the inspection work as soon as possible and get on

09:47:39 there and do our work, and trying to abate that

09:47:42 problem.

09:47:42 >> In a foreclosed property, who is responsible for

09:47:45 making sure that there aren't problems like this?

09:47:48 Is it the bank?

09:47:49 >> Well, and that's what this foreclosure registry

09:47:53 ordinance is doing, is there was always -- until

09:47:58 there's a final foreclosure, the property owner is




09:48:00 always going to be responsible.

09:48:01 But this ordinance puts the responsibility on the

09:48:06 mortgagee, which eight times out of ten will be a bank,

09:48:11 but they have to keep the properties that they are

09:48:13 going to foreclosure free of violations, and if you

09:48:16 will notice, one of them is water quality.

09:48:19 In fact, this amendment that's before you today

09:48:21 addresses water clarity and water quality as to how we

09:48:25 are going to be measuring that and what our

09:48:27 expectations are.

09:48:28 >> For example, if a neighbor saw that the house next

09:48:31 door had been foreclosed, there was still water in the

09:48:34 pool, nobody seemed to be treating it, it was getting

09:48:36 greener by the day, they would contact the city.

09:48:39 >> Contact code enforcement.

09:48:41 Code enforcement then could go to the property, and if

09:48:45 they can't gain access to the property, then go ahead

09:48:47 and get an inspection warrant, and enter onto the

09:48:51 property.

09:48:51 You need to enter onto the property legally.

09:48:53 >> And this would take place within two weeks?

09:48:57 >> I would be hopeful sooner than that, and each time




09:49:03 we get more and more inspection work as we become more

09:49:08 used to the process.

09:49:09 >>LINDA SAUL-SENA: Thank you.

09:49:10 >>THOMAS SCOTT: Councilman Dingfelder, do you want to

09:49:12 read the ordinance?

09:49:13 >>JOHN DINGFELDER: Sure.

09:49:17 Move the following ordinance for first reading, an

09:49:19 ordinance amending City of Tampa code 19-131, 19-133,

09:49:25 19-135, and 19-136 of the foreclosure registry

09:49:29 ordinance repealing all ordinances in or parts of

09:49:33 ordinances in conflict therewith, providing for

09:49:37 severability and interpretation, providing an effective

09:49:39 date.

09:49:39 And the freeze that we had this winter is going to

09:49:44 exacerbate the mosquitoes.

09:49:46 >>THOMAS SCOTT: Moved and seconded by councilman

09:49:48 Miranda.

09:49:48 All in favor say Aye.

09:49:50 Opposes?

09:49:52 >>THE CLERK: Second reading and adoption will be held

09:49:54 on May 6th, 2010 at 9:30 a.m.

09:49:59 >>THOMAS SCOTT: Item number 6 for first reading. This




09:50:05 is the changing of the utility tax.

09:50:08 Mrs. Wise, do you want to say anything?

09:50:12 >>SAL TERRITO: I'm here to answer any questions if you

09:50:13 have any, or if you would like an explanation.

09:50:15 >>THOMAS SCOTT: Questions by council?

09:50:16 Okay then, Councilwoman Mulhern, do you want to read

09:50:20 the ordinance?

09:50:21 >>MARY MULHERN: Thank you, Mr. Chairman.

09:50:22 I move an ordinance being presented for first reading

09:50:27 consideration, an ordinance of the City of Tampa

09:50:29 amending section 24-33 of the City of Tampa code of

09:50:33 ordinances, providing that all taxes collected from the

09:50:35 sale of electricity, metered and bottled gas and water

09:50:39 that is placed in the City of Tampa utility tax fund

09:50:42 henceforth be placed in the City of Tampa's general

09:50:46 fund, that such funds be used for any lawful purposes

09:50:49 approved in the City of Tampa's annual budget,

09:50:52 providing for repeal of all ordinances in conflict,

09:50:55 providing an effective date.

09:50:55 >>THOMAS SCOTT: Seconded by councilman Miranda.

09:50:59 All in favor signify by saying Aye.

09:51:01 Opposes?




09:51:01 >>THE CLERK: Second reading and adoption will be held

09:51:05 on May 5th, 2010 at 9:30 a.m.

09:51:08 >>THOMAS SCOTT: We go to our committee reports.

09:51:09 While we are on that, it is my understanding that each

09:51:15 you need to submit to the chair positions to committees

09:51:17 that you want to serve in.

09:51:25 Council Dingfelder, I think, resigned from the PPC, and

09:51:30 so we'll take a look at that.

09:51:32 Any other positions for committee, please let us know.

09:51:36 Councilwoman Miller, public safety.

09:51:38 >>GWEN MILLER: I move resolutions 7 through 11.

09:51:46 >>THOMAS SCOTT: Seconded by Councilwoman Saul-Sena.

09:51:48 All in favor?

09:51:49 Opposes?

09:51:49 Parks and recreation.

09:51:50 Councilwoman Saul-Sena.

09:51:51 >>LINDA SAUL-SENA: I would like to move resolutions 12

09:51:54 through 16.

09:51:54 (Motion carried).

09:52:08 >>LINDA SAUL-SENA: 17 through 23.

09:52:10 We have a very ambitious community.

09:52:12 Lots of.




09:52:19 >>THOMAS SCOTT: Seconded by Councilwoman Mulhern.

09:52:20 (Motion carried)

09:52:22 Public works.

09:52:23 Councilman Miranda.

09:52:23 >>CHARLIE MIRANDA: Move 24 through 40 with number 32

09:52:28 being continued to April 22nd.

09:52:30 >>THOMAS SCOTT: Seconded by Councilwoman Mulhern.

09:52:39 All in favor signify by saying Aye.

09:52:41 Opposes?

09:52:43 Finance Committee, Councilwoman Mulhern.

09:52:44 >>MARY MULHERN: I move 41 through 46.

09:52:49 >> Second.

09:52:50 >>THOMAS SCOTT: Seconded by councilman Miranda.

09:52:53 (Motion carried)

09:52:56 Building and zonings, councilman Caetano.

09:52:58 >>JOSEPH P. CAETANO: I would like to move 47 through

09:53:02 60.

09:53:02 >>THOMAS SCOTT: Seconded by Councilwoman Saul-Sena.

09:53:09 All in favor signify by saying Aye.

09:53:12 Opposes?

09:53:15 And I want to call your attention to item 47, the

09:53:18 Catholic charity.




09:53:19 That is a project for affordable housing.

09:53:25 That the administration is working with there.

09:53:29 And also 49, 50, 51, those are CRA items that we voted

09:53:33 upon for East Tampa, Drew Park, other areas of CRA.

09:53:37 Okay?

09:53:43 Also, item 54 is the Seminole Heights, I understand the

09:53:49 county is going to build a library, so making property

09:53:53 for the library in Seminole Heights.

09:53:55 Transportation.

09:53:56 Councilman John Dingfelder.

09:53:58 >>JOHN DINGFELDER: I move all these items.

09:54:02 I did want to point out for folks who come in front of

09:54:05 us and complain that we are not a pedestrian and bike

09:54:08 friendly city, which is probably had some truth to it,

09:54:12 the D.O.T. is helping us, the State of Florida is

09:54:14 helping us with quite a few items in our transportation

09:54:18 budget this year to work on pedestrian and bike issues

09:54:22 along the Bayshore, and along Kennedy Boulevard, and

09:54:26 elsewhere.

09:54:27 So I think positive things.

09:54:38 I'll move 61 through 69 with.

09:54:43 >>THOMAS SCOTT: Seconded by Councilwoman Saul-Sena.




09:54:47 All in favor?

09:54:48 Opposes?

09:54:49 All right.

09:54:50 Then we move to our 9:30 public hearing.

09:54:54 We are ahead of schedule, Which is very good.

09:55:05 We may want to alert the administration to know we are

09:55:08 ahead of schedule.

09:55:10 If they want to come over a little early, we can take

09:55:11 up those items.

09:55:12 We have at 9:30 public hearing at this time.

09:55:14 Those who are going to be addressing City Council

09:55:17 please stand and be sworn.

09:55:18 (Oath administered by Clerk.)

09:55:18 >>MARTIN SHELBY: Mr. Chairman, I ask that all written

09:55:18 communication relative to today's hearings which have

09:55:18 been available for public inspection at city council's

09:55:18 office be received and filed into the record by motion

09:55:18 at this time.

09:55:18 >>CLERK: I have not received anything on this issue.

09:55:18 On the 1:30.

09:55:58 >> This motion would include that then.

09:55:58 >> Can I have a motion?




09:55:58 >> So moved.

09:55:58 >> Second.

09:55:58 >> All in favor signify by saying Aye.

09:55:58 >> Secondly, if any members of council had any verbal

09:56:00 communication with any petitioner, his or her

09:56:02 representative or any member of the public in

09:56:03 connection with any of today's hearings, that member of

09:56:06 council should disclose the following prior to action,

09:56:10 the person or persons or group or entity with whom the

09:56:11 verbal communication occurred and the substance of that

09:56:14 verbal communication.

09:56:16 Lastly, I am going to be putting up a sign to remind

09:56:19 those speakers that you are required to be sworn before

09:56:21 you speak.

09:56:24 Thank you.

09:56:29 >>GWEN MILLER: Mr. Shelby, I don't know where I was,

09:56:32 but I was at a meeting somewhere and I saw Mr. Ryans.

09:56:35 He said we had a hearing come before us on 22nd

09:56:38 Street.

09:56:38 I say, no, the hearing has already been held.

09:56:41 He said, well, I sent a letter.

09:56:43 I said we didn't receive the letter.




09:56:44 He say, how did it go?

09:56:46 I said it passed.

09:56:47 And that was it.

09:56:49 >>MARTIN SHELBY: You said that person was?

09:56:52 >>GWEN MILLER: Mr. Ryans.

09:56:58 >>THOMAS SCOTT: Okay.

09:56:58 We'll take up item 70.

09:57:03 >> Good morning, Mr. Chairman, Council members,

09:57:05 LaChone Dock, Land Development coordination.

09:57:08 Item 70 required certified site plans.

09:57:10 Those site plans have been certified by the zoning

09:57:12 administrator and have been provided to the clerk.

09:57:14 I have a copies of the plan if you have any questions.

09:57:16 >>THOMAS SCOTT: Thank you.

09:57:17 Item 70.

09:57:19 Anybody from the public wish to address Council on item

09:57:23 70?

09:57:26 >> My name is Shelly Griffin.

09:57:28 I am the resident association president at the Belmont

09:57:31 Heights.

09:57:32 I'm here this morning because I really just found out

09:57:34 about this yesterday.




09:57:36 I read through the entire packet last night, and I

09:57:40 noticed that none of the residents that lived on the

09:57:45 east side of 22nd Street directly facing where this

09:57:51 particular establishment wants to be approved for, we

09:57:55 were not notified.

09:57:56 I don't know if that's because we are renters and not

09:58:00 homeowners.

09:58:00 Most of you probably are familiar with the Belmont

09:58:03 height estates and probably familiar with what it used

09:58:06 to be.

09:58:06 The area that is now -- that I'm speaking about, is

09:58:11 directly in front of our seniors village.

09:58:14 And when that community was a really horrific place to

09:58:21 live, no one wanted to come out of their homes.

09:58:25 We have worked very, very hard over the past seven

09:58:28 years to bring some sort of stability and some peace to

09:58:36 the people who live there.

09:58:38 But my main issue is this particular store that they

09:58:43 are talking about, it's not compatible with our

09:58:46 community.

09:58:47 It is directly facing, as I said, our senior village.

09:58:52 I don't think that it's a necessity since there are




09:58:55 already five other establishments within a six-block

09:58:59 area that sell beer and wine.

09:59:03 I think that if we allow this to happen, it would be

09:59:07 detrimental to the seniors who live in our community.

09:59:12 I think that it would bring an element to that

09:59:15 particular spot on 22nd Street that would not be

09:59:19 conducive to the well-being of the people who live

09:59:22 there.

09:59:22 I'm saying all of this because I've spoken with all of

09:59:27 the residents over there.

09:59:28 We had our resident association meeting yesterday

09:59:31 evening.

09:59:31 And I brought this matter up to the residents there.

09:59:35 And they were all in favor of us not -- of the Council

09:59:38 not approving this particular resolution.

09:59:42 So that's all I have to say about it.

09:59:44 There are others here who will speak, but I just kind

09:59:47 of wanted my voice heard since I speak for the

09:59:50 residents of Belmont Heights estates.

09:59:53 Beautiful Belmont Heights estates, I might add.

09:59:56 >>THOMAS SCOTT: Thank you.

09:59:57 Councilwoman Saul-Sena.




09:59:59 >>LINDA SAUL-SENA: Ma'am, I had a question for you.

10:00:01 And that is, is there an association and were you

10:00:06 notified by the petitioner of this?

10:00:09 And was there a sign posted that was visible to

10:00:11 everyone?

10:00:13 >> The sign was posted, was in the store that they are

10:00:18 speaking about.

10:00:18 There is an association there.

10:00:20 There seems to be some mix-up on that.

10:00:23 We are recognized as the Belmont Heights estates

10:00:27 resident association.

10:00:27 However, when we first formed three years ago and we

10:00:31 held our elections, and I was elected as president at

10:00:35 that time.

10:00:37 I contacted the Mayor's office about how we might be

10:00:41 officially recognized, and I was told at that time that

10:00:45 the area from 26th Avenue south was under the

10:00:49 auspices of the East Tampa Business and Civic

10:00:51 Association, of which I'm a board member.

10:00:57 I was also told that the area that goes from 26th

10:01:00 Avenue north is controlled by the College Hill resident

10:01:05 association.




10:01:06 However, to my knowledge, there is not -- there is no

10:01:10 College Hill resident association there.

10:01:14 So I spoke with several of the people in that

10:01:17 community, and I'm very active in that community.

10:01:19 And I've spoken to several of them.

10:01:21 We are recognized.

10:01:22 We get information from the Mayor's office all the

10:01:26 time.

10:01:26 But we received absolutely nothing, nor did any of the

10:01:31 residents on the Belmont Heights Estates side of the

10:01:34 street.

10:01:35 None of us received notification that this was

10:01:36 happening.

10:01:39 >>LINDA SAUL-SENA: Thank you.

10:01:39 Can we ask our clerk to find out how the notification

10:01:42 went?

10:01:42 I believe -- I mean, it's my understanding that if

10:01:53 there's a Neighborhood Association that they are

10:01:55 supposed to be notified by the petitioner of an

10:01:57 upcoming request like this.

10:02:00 >>REBECCA KERT: Rebecca Kert, Legal Department.

10:02:02 The clerk can verify, but according to the staff




10:02:04 report, it went to the East Tampa Business and Civic

10:02:05 Association, and that is the association that was

10:02:09 identified for them to send the notice to.

10:02:13 >> Yes, ma'am.

10:02:13 I read through the list of all the people and all of

10:02:15 the organizations that were sent notices, and, yes,

10:02:18 East Tampa was sent notification.

10:02:22 However, it has not come up at any of the board

10:02:24 meetings that I went to, and I sit on that board, by

10:02:27 the way.

10:02:27 So as I said, yesterday was the first that I heard of

10:02:30 this.

10:02:31 Is it because we're public housing?

10:02:35 I don't know.

10:02:37 >>THOMAS SCOTT: We'll address it.

10:02:41 Next speaker.

10:02:45 >> Chairman Scott, members of the City Council, I'm

10:02:48 Cunningham representing Mr. Ryans from the Tampa

10:02:51 Housing Authority.

10:02:52 We don't think at this point in time, the Belmont

10:02:56 Heights community can handle a packaged liquor

10:03:00 establishment in their neighborhood.




10:03:03 We are the largest landlord.

10:03:07 Made a tremendous investment in East Tampa.

10:03:09 We are all very proud of that.

10:03:12 My experience has been when there is a neighborhood

10:03:14 package liquor establishment, it breeds and creates

10:03:19 unfair in many instances, negative kinds of impacts.

10:03:23 It ends up being not only the place to buy liquor but

10:03:27 also a place for people to come hang out.

10:03:29 I think the Tampa Police Department has other

10:03:31 priorities to deal with.

10:03:32 As we said before, we have not been given ample

10:03:36 opportunities to show our objections.

10:03:39 We know that we've made a tremendous investment in East

10:03:42 Tampa.

10:03:44 This is not the time for us to put a liquor

10:03:46 establishment.

10:03:47 I want to thank commission member Griffin for coming.

10:03:53 She is Council president.

10:03:55 She has told you how we feel about it.

10:03:57 We ask you to really think about the impact it will

10:03:59 have on us.

10:04:01 >>THOMAS SCOTT: [microphone not on]




10:04:03 >>JOHN DINGFELDER: Just to clarify the record because

10:04:05 the record is always important on this, you mention

10:04:10 package --

10:04:49 >> Hi.

10:04:53 I'm Mary McGUPNEY, the district manager for Belmont

10:04:58 Heights estates.

10:04:59 I'm not a public speaker.

10:05:01 So I'm a little nervous.

10:05:02 Basically, I agree with Mr. Cunningham and Ms. Griffin.

10:05:06 There was a sign displayed.

10:05:07 I believe you asked, it was tore down.

10:05:10 We don't know who tore it down, but it was up for two

10:05:13 days.

10:05:13 Then after that the notice was gone.

10:05:16 My main concern is the amount of time that my staff has

10:05:21 to clean up the aftermath from the people drinking out

10:05:26 in the community.

10:05:29 Which we do already, but having a liquor store -- or

10:05:33 selling alcohol across the street is going to make it

10:05:35 even worse.

10:05:37 And also have problems with selling to children.

10:05:44 There are some older folks there that buy liquor and




10:05:50 give it to the children, like they do at the store a

10:05:55 couple of blocks over, that's also a concern of mine.

10:05:58 >>THOMAS SCOTT: Thank you.

10:05:59 Next speaker.

10:06:00 Next person.

10:06:07 >> Good morning.

10:06:08 I am the one owner of the building.

10:06:13 I am the one who runs this business.

10:06:15 Since 1989.

10:06:18 I sell beer.

10:06:22 Never have problem.

10:06:23 But my neighbor never have problems sitting outside.

10:06:28 I have another business on Fletcher and never allowed

10:06:32 any customer to stand by my door.

10:06:35 Not for beer, not for anything.

10:06:38 You come here to buy and leave.

10:06:40 I never have problem with my neighbor.

10:06:46 That was two years ago.

10:06:47 I didn't have any problem.

10:06:48 They didn't have problem, but that's up to you.

10:06:57 >>THOMAS SCOTT: You are the owner of the business?

10:06:58 >> The business and I was owner of the business.




10:07:02 I'm taking care of my grandkids and I'm 65 years old.

10:07:08 I've given up working, take care of my grandkids,

10:07:11 and --

10:07:14 >>THOMAS SCOTT: Okay.

10:07:16 >>JOHN DINGFELDER: She says she owns the building.

10:07:18 >> Yeah, we own the building.

10:07:19 For 20-some years.

10:07:27 >>THOMAS SCOTT: She runs the business.

10:07:28 >>JOHN DINGFELDER: She owns the building, too.

10:07:31 She used to run the business and owns the building.

10:07:35 >> [not speaking into microphone]

10:07:37 >>THOMAS SCOTT: Okay.

10:07:38 Anyone else?

10:07:38 Petitioner, do you wish to say anything, wish to

10:07:44 address Council?

10:07:50 >>MARTIN SHELBY: Mr. Chairman, I see her shaking her

10:07:52 head no.

10:07:53 I don't believe she wishes to address Council.

10:07:55 Okay.

10:07:55 Thank you.

10:07:57 >>THOMAS SCOTT: Council member Miranda.

10:07:59 >>CHARLIE MIRANDA: Thank you, Mr. Chairman.




10:08:00 Chairman, as you well know, when this first came up, I

10:08:03 said that I knew that area very, very well.

10:08:07 The first parts of my life were on 26th Avenue and

10:08:10 20th Street which is two stone rocks away from there.

10:08:16 And these are things that if we start undoing what has

10:08:20 been done, if we start where we made great, more

10:08:30 investments in East Tampa money-wise, and I can say

10:08:32 this unequivocally in a lot of areas of the city.

10:08:35 And to start this in a roundabout, backward movement,

10:08:44 in my opinion, to start one, two, three, four, five of

10:08:48 these, come on 22nd Street in that area, where there

10:08:52 was one big location that was closed by the city, not

10:08:55 far from here.

10:08:56 I'm not saying that this is going to be another one,

10:09:00 but there was one that was closed by the city, huge

10:09:04 amount of money for the taxpayers, but it helped the

10:09:07 neighborhood to an immense forward movement of life.

10:09:11 That's what I look at in these things.

10:09:15 I didn't support this the first time.

10:09:19 I'm not going to support it the second time.

10:09:23 I know the area very well.

10:09:27 The greatest part of my life when I lived in the




10:09:33 condominiums of Tampa.

10:09:34 People say condominiums, well, they were really Tampa

10:09:37 Housing Authority, but they had hot water solar heaters

10:09:40 so they were condos to me.

10:09:42 So thank you very much, Mr. Chairman.

10:09:44 >>THOMAS SCOTT: Council member Mulhern.

10:09:46 >>MARY MULHERN: Thank you, Mr. Chairman.

10:09:47 I was reluctant to vote for this when we had the

10:09:52 continued first hearing, and one of the reasons that I

10:09:58 changed my opinion and voted for it was that we hadn't

10:10:02 heard from anybody in the community.

10:10:03 We hadn't heard from any residents.

10:10:05 We hadn't heard from the housing authority, and we had

10:10:09 a very moving appeal from the business owner who was

10:10:14 trying to open her business.

10:10:15 But I did have reservations, so I am not going to

10:10:21 support this.

10:10:22 I am going to change my vote.

10:10:23 But the thing that I really wanted to do was ask legal,

10:10:29 and I think that we were waiting to hear from the

10:10:32 clerk, too.

10:10:32 I don't know if it was on this one or the other one.




10:10:34 But I had some questions, because this is the second

10:10:40 time today we've heard residents in multifamily housing

10:10:45 in different neighborhoods say that they weren't

10:10:47 noticed.

10:10:48 So I want to find out -- I have two questions.

10:10:52 And this came up recently, I think at our last zoning

10:10:57 hearing on another case.

10:10:59 The question of how long the notice has to be posted

10:11:04 when we have a zoning or a special use application.

10:11:12 >> The posting of the sign has to be done a certain

10:11:14 number of days in advance.

10:11:15 That's evidenced by the applicant supplying a picture

10:11:19 of that as well as an affidavit.

10:11:20 After that, if a sign comes down and someone contacts

10:11:22 the city, then the applicant will be requested to put

10:11:25 the sign back up.

10:11:26 But there is no durational period of time if we don't

10:11:31 receive a complaint, after the fact it comes he

10:11:34 said/she said.

10:11:36 What the code relies upon right now is the initial

10:11:38 posting of the sign.

10:11:40 >>MARY MULHERN: Okay.




10:11:41 Well, that doesn't make sense.

10:11:43 If there's not something there, how can you report it's

10:11:45 not there.

10:11:45 If you never saw it, you're not going to be reporting

10:11:48 it's not there.

10:11:49 I'm wondering if in the future we can change our

10:11:52 ordinance so that there would be a duration required

10:11:55 for a posting.

10:11:55 >>REBECCA KERT: You would want to talk about that

10:11:58 separately from this hearing.

10:12:00 >>MARY MULHERN: Okay.

10:12:00 Then the other question, and I'll talk about, you know,

10:12:04 any changes we'd want to make later, as you requested,

10:12:08 but what is our policy as far as who we notify because,

10:12:15 again, we heard this twice from residents who are

10:12:19 renters or condominium owners.

10:12:20 What's their policy about who gets notified?

10:12:26 I'm asking legal a question.

10:12:28 >>REBECCA KERT: Rebecca Kert again, Legal Department.

10:12:31 Your code requires that the applicant sent mailed

10:12:33 notice for properties located within 250 feet of the

10:12:38 establishment, and that is -- they have to send it to




10:12:41 the property owners as are listed on the most recent

10:12:45 tax rolls.

10:12:47 That is what determines -- that's who creates the list

10:12:51 and that's who determines who it goes to.

10:12:53 They are also required to send notice, mailed notice to

10:12:57 the registered Neighborhood Association.

10:12:59 That list is updated frequently, and staff advises, as

10:13:04 a practical matter, staff advises the applicant after

10:13:08 checking with the neighborhood registry, what

10:13:11 Neighborhood Association or association they need to

10:13:13 send the notice to.

10:13:15 >>MARY MULHERN: Okay.

10:13:15 Thank you.

10:13:16 >>THOMAS SCOTT: Well, I was trying to suggest that we

10:13:19 may want to take that up separate so we can keep the

10:13:21 record clear and clean.

10:13:23 Have to be very careful.

10:13:25 Anyway, that's been dealt with.

10:13:27 >>MARY MULHERN: I just wanted to know what our policy

10:13:29 is.

10:13:29 >>THOMAS SCOTT: Yeah, but it needs to be addressed,

10:13:32 what we heard today, several people come in and




10:13:34 complain about not being noticed.

10:13:35 Therefore, there needs to be a discussion relative to

10:13:39 that and look at the ordinance, how it's drafted.

10:13:42 Or the notification going out, clearly we have a

10:13:46 problem.

10:13:46 Okay --

10:13:47 >>MARY MULHERN: It's also relevant to our decision in

10:13:50 this case, whether people -- our policy requires

10:13:53 everyone who lives in the area to be noticed.

10:13:59 >>GWEN MILLER: Thank you, Mr. Chairman.

10:14:00 At the last hearing, I stated that East Tampa has been

10:14:04 much better since we have done a lot of work out there.

10:14:08 And I don't want to see it go back to where it used to

10:14:10 be.

10:14:10 I told you, the police department really helped it.

10:14:14 I know they don't want us to keep calling to go back.

10:14:17 We have these wonderful apartments over there, and

10:14:20 people are very happy over there.

10:14:23 They don't want any more liquor in that area.

10:14:25 I told you that last time.

10:14:26 I travel that area, and I see how the improvements have

10:14:30 been.




10:14:30 I don't want to go back through that area and say look

10:14:33 what is happening to this area.

10:14:34 I want to keep it that way.

10:14:35 And I'm going to ask again that we deny this petition,

10:14:38 because East Tampa wants to be a better place to live,

10:14:41 like all the places in the City of Tampa.

10:14:43 And we cannot get it that way if we're going to keep

10:14:46 putting liquor licenses out there.

10:14:48 >>THOMAS SCOTT: Okay.

10:14:50 Councilman Dingfelder.

10:14:51 >>JOHN DINGFELDER: Few things.

10:14:53 One is trivial, but the closed captioning is messed up.

10:16:27 [Closed Captioner disconnected and reconnected to the

10:16:29 Link Encoder]

10:16:31 >>MARTIN SHELBY: You do have the opportunity to take

10:16:33 additional evidence and you do have the opportunity to

10:16:35 weigh that evidence before you cast your vote.

10:16:37 That being said, I believe there's a motion coming.

10:16:44 >>GWEN MILLER: Mr. Chairman, I move for denial on the

10:16:46 following reason.

10:16:46 Section -- harm the public health, safety and general

10:16:52 welfare if located where proposed and developed




10:16:57 operation according to the plan submitted.

10:16:59 This is a use not compatible and continues surrounding

10:17:03 property of the use in a public necessity.

10:17:05 The use will establish a precedent or encourage more

10:17:11 intensity incompatible uses in the surrounding area.

10:17:14 This is why I'm asking for denial.

10:17:16 >>THOMAS SCOTT: Moved and seconded.

10:17:17 Seconded by Council member Miranda.

10:17:20 Record your vote, please.

10:17:35 >> According to the screen, there are five people

10:17:38 voting in support and two voting against.

10:17:43 Cannot state who the two individuals are.

10:17:50 >>LINDA SAUL-SENA: I'm sorry.

10:17:50 I voted the wrong way.

10:17:52 Can we revote?

10:17:58 I meant to vote yes for denial.

10:18:02 >>The Clerk: You prefer to do a voice roll call?

10:18:06 >>LINDA SAUL-SENA: A yes vote is for denial.

10:18:14 >>LINDA SAUL-SENA: Yes.

10:18:15 >>GWEN MILLER: Yes.

10:18:16 >>CHARLIE MIRANDA: Yes.

10:18:18 >>MARY MULHERN: Yes.




10:18:20 >>JOHN DINGFELDER: Yes.

10:18:29 >>The Clerk: Motion carried unanimously.

10:18:32 >>LINDA SAUL-SENA: Maybe we should take a five-minute

10:18:34 recess and let them work on the closed captioning.

10:23:32 [ recess ]

10:24:16 [ Link Encoder at the City of Tampa Control Room was

10:24:16 rebooted ]

10:29:58 >>LINDA SAUL-SENA: Here.

10:30:01 >>CHARLIE MIRANDA: Here.

10:30:02 >>MARY MULHERN: Here.

10:30:03 >>THOMAS SCOTT: Here.

10:30:04 Okay.

10:30:09 We will pick up with the staff reports.

10:30:11 Item 71 is a written report.

10:30:18 >>LINDA SAUL-SENA: I want to discuss it for a minute.

10:30:20 I actually had conversations with Steve Daignault and

10:30:24 Cindy Miller about this.

10:30:26 I kind of thought they would be here.

10:30:27 Let me go over it briefly.

10:30:29 This is about the empty space at Tampa union station.

10:30:32 And if you read the report, it was extremely

10:30:36 pessimistic about the prospect of anybody going into




10:30:41 this really attractive historic space and renovating

10:30:43 it.

10:30:44 They basically -- basically said the next two years,

10:30:47 nothing would happen.

10:30:48 Which is not what I've heard from the commercial real

10:30:50 estate sector, which is that things are beginning to

10:30:52 happen.

10:30:53 So I think we should be a little more energetic about

10:30:55 it.

10:30:55 May 8th is train day.

10:30:58 It's a Saturday.

10:30:59 There's going to be a bunch of celebrations at union

10:31:01 station.

10:31:02 And what I would like is for -- I know I can't direct

10:31:04 them.

10:31:06 Chip is sitting there telling me.

10:31:07 But I would request that we put the information out

10:31:10 there for train day so that a potential rent core get

10:31:13 ahold of the space.

10:31:14 The other space that the city has in union station that

10:31:17 isn't rented is because it's suffering from water

10:31:19 damage.




10:31:20 This is a national landmark building as well as a local

10:31:24 landmark building completely under city control and is

10:31:27 in bad shape because we have a roof leak.

10:31:30 It seems to me that as a prudent building owner, we

10:31:35 should fix the leak, not only because it's the right

10:31:38 thing to do, a historic building that we own, but also

10:31:41 because if we fix the leak or repair the damage, we can

10:31:44 rent the space and generate revenue to help cover the

10:31:46 cost of the repair.

10:31:47 Also, as we all know, roof leaks only get worse.

10:31:51 And summer is coming up, and we really need to get on

10:31:54 this.

10:31:54 So I would like -- I'm not really satisfied with this

10:31:59 report.

10:32:00 I would like to request staff to appear and provide

10:32:02 another written report by May 15th -- is it 15th?

10:32:06 20th?

10:32:07 To address the space on the second floor where we have

10:32:12 the roof damage with the time frame on when they expect

10:32:15 to do the repairs and put the space on the market.

10:32:20 And I also would request that the administration

10:32:23 develop a brief sort of summary of the baggage building




10:32:29 space that's for rent in time for train day on

10:32:32 May 8th.

10:32:36 >> Second.

10:32:36 >>THOMAS SCOTT: Moved and seconded.

10:32:37 All in favor, signify by saying aye.

10:32:39 Opposed?

10:32:40 Our next item, item 72.

10:32:51 >>KAREN PALUS: Good morning, Karen Palus, parks and

10:32:53 recreation director.

10:32:54 You asked me this morning to come forward and appear

10:32:56 and report on developing a public/private partnership

10:33:01 that could be used as a prototype for our city-owned

10:33:03 swimming pools.

10:33:04 I provided some information in the report.

10:33:06 I think this was borne out of a request that came from

10:33:08 the south Tampa aquatics team, and we have been in

10:33:12 negotiations and discussions with them.

10:33:13 In fact, the group that's been working on that is

10:33:15 meeting this morning.

10:33:16 They started at 9:00.

10:33:18 Working on some partnerships and some opportunities.

10:33:20 It is something that we do as part of our operations




10:33:23 overall.

10:33:23 And I shared with you an example in there of our

10:33:28 can-do, children's athletics and dance organization.

10:33:33 They are a great example of a group that brings in

10:33:35 staff and assists with us in operations of our

10:33:37 gymnastics and dance facility.

10:33:39 So same kind of concept with our pools.

10:33:42 We're looking into that as well.

10:33:43 And again, we look for all types of partnerships

10:33:45 throughout our city facilities.

10:33:49 >>LINDA SAUL-SENA: In the budget year that we're in, we

10:33:52 had taken one million out of two million dollars in

10:33:56 capital funds specifically to make pool repairs to get

10:34:01 some of our pools to be compliant with the guidelines

10:34:05 that require a certain filtration system.

10:34:08 Have those repairs been undertaken so that one or two,

10:34:12 or maybe three pools could be back available to the

10:34:15 public again in the summer?

10:34:16 >>KAREN PALUS: The dollars that were set aside, the

10:34:19 million dollars were not specifically geared towards

10:34:21 the pool but went to several different areas of our

10:34:24 programming and the facilities that we're building, one




10:34:27 of which, obviously, was Williams park, which has the

10:34:30 pool.

10:34:30 That was one of the ones in question.

10:34:31 And we've identified the process of moving forward with

10:34:35 the Roy Jenkins pool as well, as far as getting it

10:34:38 ready for construction.

10:34:39 Those facilities will not be operational for this

10:34:44 summer.

10:34:44 >>LINDA SAUL-SENA: That was the question.

10:34:45 >>KAREN PALUS: That has not happened.

10:34:47 The facilities that we can bring in compliance, brought

10:34:49 into compliance have been done so, and we're continuing

10:34:51 to look and generate our dollars towards those pool

10:34:54 facilities we are currently operating to make them

10:34:56 green and make them efficient as possible out there and

10:34:59 safe and healthy for all of our participants.

10:35:02 >>LINDA SAUL-SENA: So we have ten pools that will be

10:35:04 operational this summer?

10:35:05 >>KAREN PALUS: Yes, ma'am.

10:35:06 >>LINDA SAUL-SENA: And maybe two more in the future.

10:35:08 >>KAREN PALUS: We will be looking at that.

10:35:09 One of the things that's going forward with the




10:35:11 Williams park, overall master plan, we've been working

10:35:13 with the community on that, expansion of the facility

10:35:17 there, and also looking at whether we do a traditional

10:35:21 pool facility or if they did more of a splash-type

10:35:24 facility that the children could get wet all year

10:35:28 wrong.

10:35:29 Jenkins and Williams pools both were seasonal pools,

10:35:31 they were ten-week pools only.

10:35:32 So we want to look at those costs and see whether this

10:35:35 community really wants to go forward with the whole

10:35:37 blown pool or whether they would like to do something

10:35:39 they could use year-round.

10:35:41 >>LINDA SAUL-SENA: Thank you.

10:35:42 >>KAREN PALUS: Um-hum.

10:35:43 >>THOMAS SCOTT: Any other questions?

10:35:44 Okay.

10:35:46 >>KAREN PALUS: Thank you.

10:35:47 >>THOMAS SCOTT: Thank you very much.

10:35:47 Item 73.

10:35:49 Mr. Fletcher.

10:35:57 >>JOHN DINGFELDER: Mr. Chairman, if I could -- let me

10:36:03 ask Karen a question that's relevant to 73 before we




10:36:06 hear from chip.

10:36:07 73, right, Mr. Chairman.

10:36:10 >>THOMAS SCOTT: Yes, um-hum.

10:36:13 >>JOHN DINGFELDER: Karen, about a month ago, we were

10:36:19 all very concerned expressing our concern in regard to

10:36:24 children kind of being shut out of the parks a little

10:36:28 bit because of the fee increases and that sort of

10:36:30 thing.

10:36:30 You're well familiar with all that discussion as well

10:36:32 as some of the seniors that expressed concern about it.

10:36:36 And at the time, we were all tossing out various ideas

10:36:42 to address the financial shortfalls of the city,

10:36:44 including this idea that's on 73.

10:36:46 In the meantime, I've heard a little bit and read in

10:36:51 the newspaper that perhaps you and the Mayor are coming

10:36:54 up with some ideas to help the less fortunate children

10:36:59 be able to come back into our parks.

10:37:01 Into our rec programs.

10:37:03 So I guess my point being is, if the administration has

10:37:08 some solutions, then perhaps we might need to just

10:37:14 defer item 73 and see how the administration is doing

10:37:17 first.




10:37:17 So help us out on that.

10:37:21 >>KAREN PALUS: Good morning, again.

10:37:22 I'd be happy to share with you where we're at.

10:37:24 We have a couple of discussions that are in play.

10:37:26 We've been working with our budget and finance

10:37:29 department in regards to CDBG areas and how we may be

10:37:32 able to set aside some funding to help bridge the gap

10:37:36 for those children that are in those communities that

10:37:38 need additional assistance.

10:37:39 Also, we're looking at another option to be able to set

10:37:42 some funds aside for scholarships that would be within

10:37:45 the city.

10:37:45 So if individuals, wherever they live, need assistance,

10:37:49 we're able to work with that to expand upon what

10:37:51 already is working with our friends of Tampa

10:37:53 recreation. So we have a couple of different areas

10:37:56 we're looking at.

10:37:58 We're not sure of all the answers.

10:38:01 We have a meeting this afternoon and another meeting on

10:38:03 Monday to try to flesh a little more of that

10:38:05 information out and make sure we have a plan.

10:38:07 Legal is having to look at that as well within the CDBG




10:38:09 and how we work through that.

10:38:11 >>JOHN DINGFELDER: I might also suggest discussions

10:38:14 with Mark Huey and his various citizen groups that are

10:38:19 affected, even though CRA money is also tight, maybe

10:38:24 they want to pony up a little bit of CRA money or ask

10:38:27 us to pony up a little CRA money to assist in that

10:38:31 regard.

10:38:31 Do you have a sense of when you come to Council and

10:38:36 give us an update on these?

10:38:38 >>KAREN PALUS: Hopefully within the next couple of

10:38:40 weeks I would anticipate being able to share with you.

10:38:42 I think I have an update with you on May 6 in regard to

10:38:45 where we are at with fees and what we are doing with

10:38:47 our after-school and summer programs and such and share

10:38:50 with you our attendance factors and that information.

10:38:52 So I think I should be able to give you some idea of

10:38:55 exactly where we're headed by then for sure.

10:38:57 >>JOHN DINGFELDER: Okay.

10:38:57 Thank you.

10:38:58 Mr. Chairman, with that explanation, I'm comfortable

10:39:00 with that, and I don't think there's a need necessarily

10:39:03 to pursue item 73 at this time.




10:39:06 If we need to pursue it down the road and we're not

10:39:09 satisfied that the children are going to be adequately

10:39:11 cared for, then I think we can revisit it at a later

10:39:15 date.

10:39:15 >>THOMAS SCOTT: Councilwoman Mulhern.

10:39:18 >>MARY MULHERN: Yes, after our meeting where we

10:39:19 discussed all this, I did meet with the Mayor and

10:39:23 shared with her all the information, the e-mails and

10:39:26 the calls that we've been getting from residents

10:39:29 about -- particularly about the after-school programs

10:39:35 and the drop in attendance.

10:39:37 She assured me that she would come up with a solution,

10:39:45 even if it included rolling back the fees.

10:39:48 I think we saw that in the paper.

10:39:50 I'm hoping, and we do have -- did schedule on the

10:39:54 agenda a follow-up on this, which, Karen, I think -- I

10:39:57 knew it was in May.

10:39:59 I guess it's May 6th.

10:40:00 At that point, I will be prepared and hopefully won't

10:40:08 have to, but if we don't feel that whatever the

10:40:13 administration is offering as far as reducing the fees

10:40:17 or changing the structure, just for the after-school




10:40:20 and summer programs that Council needs to deal with it

10:40:23 and revise our fees, because we were down to, you know,

10:40:28 65, 70 percent drop after a few months of the fees

10:40:32 going up.

10:40:32 It meant entire neighborhoods of children weren't able

10:40:37 to use the program.

10:40:38 So I think, you know, I'm really looking forward to not

10:40:41 having to do that, but if we have to, I'm prepared to

10:40:44 propose that.

10:40:46 At our May meeting.

10:40:50 >>THOMAS SCOTT: Okay.

10:40:50 Anyone else?

10:40:51 >>CHARLIE MIRANDA: I move to remove 73.

10:40:55 >> Second.

10:40:56 >>THOMAS SCOTT: Moved and seconded.

10:40:57 All in favor, signify by saying aye.

10:40:59 Opposed?

10:41:00 Okay.

10:41:00 I know a number of us met with the Mayor.

10:41:07 I met with the Mayor as well.

10:41:08 She suggested to me looking at the CDBG funding for the

10:41:11 inner city, smaller, less fortunate challenged children




10:41:19 for the parks.

10:41:20 Certainly we look forward to getting back a report.

10:41:22 Thank you.

10:41:22 Item 74.

10:41:33 >>RANDY GOERS: Randy Goers, Land Development

10:41:35 Coordination division.

10:41:36 I believe you have a letter from the administration

10:41:38 providing a response to a question you had on some of

10:41:42 the proposed legislation.

10:41:43 Should have been a letter provided to you summarizing

10:41:47 the current bills.

10:41:49 I'm here to answer any questions based on the letter.

10:41:54 >>THOMAS SCOTT: Councilman Dingfelder.

10:41:56 >>JOHN DINGFELDER: Randy, the big bill last year,

10:42:00 Senate bill --

10:42:03 >>RANDY GOERS: Senate bill 360.

10:42:04 >>JOHN DINGFELDER: The transportation bill.

10:42:05 I know they were talking about tweaking it and that

10:42:10 sort of thing.

10:42:11 What have you heard?

10:42:15 >>RANDY GOERS: There's not really much tweaks in that

10:42:18 particular bill.




10:42:19 There are a couple of things that are happening in

10:42:22 regard to it.

10:42:23 There was a potential that there might have been

10:42:28 litigation of that bill.

10:42:29 That bill also authorized local governments to extend

10:42:34 permits two years for those developments that were in

10:42:36 progress.

10:42:37 Many local governments did that.

10:42:39 We did it ourselves.

10:42:40 So there is a bill being proposed to make sure that

10:42:45 local government is protected.

10:42:47 If Senate bill 360 were to go into litigation, local

10:42:50 governments, who have extended those two-year

10:42:52 extensions, would be protected.

10:42:54 That's one of the fixes.

10:42:56 There have been other tweaks, really not much that

10:43:02 would affect the City of Tampa or other major urbanized

10:43:06 areas.

10:43:07 It's been more -- I guess cleanup of the language.

10:43:12 TCAs are still in effect.

10:43:14 I'm being a little ambiguous because the language has

10:43:19 changed over the last couple of months.




10:43:21 First of all came out saying the first version of the

10:43:24 bill said that everything they put into effect was

10:43:26 effective last year, that you didn't have to go through

10:43:28 this two-year plan amendment process.

10:43:31 That's been removed, so now it's basically the two-year

10:43:35 extensions are in place.

10:43:37 There's another bill talking about extending the two

10:43:39 years to four years.

10:43:40 The one major bill is removing some restrictions on ERP

10:43:46 permitting, trying to facilitate that process.

10:43:48 There's a lot of opposition to that from the local

10:43:51 governments -- ERP is the wetlands permitting,

10:43:54 Environmental Resource Permits.

10:43:56 That's really the biggest item.

10:44:00 There seems to be a lot of talk right now and a lot of

10:44:02 movement, but there hasn't been anything that I can see

10:44:05 very substantive at this point, except for the

10:44:10 environmental permitting process.

10:44:12 >>JOHN DINGFELDER: On page two of the memo, it mentions

10:44:15 what they call the environmental permanent

10:44:17 streamlining.

10:44:20 Streamlining always has a desirable sound to it, but I




10:44:23 think it is a little more ominous, because I think it

10:44:26 included some discussion about eliminating our local

10:44:30 EPC review and that sort of thing.

10:44:33 Do you know if that bill is still active?

10:44:38 >>RANDY GOERS: It's still in -- I want to say in place.

10:44:43 There have been some amendments to it.

10:44:46 I think there was some activity this week that came up

10:44:48 on it.

10:44:49 We had some correspondence from the league, league of

10:44:53 cities indicating that it resurfaced for discussion.

10:44:59 As you know, in the legislature, these things pop in

10:45:01 and out and go through a variety of committee meetings.

10:45:04 Sometimes they pick up enough steam to move forward and

10:45:06 other times they die in committee.

10:45:08 Right now, you can see the memo has in parentheses next

10:45:12 to it, term that says watch, oppose, support, that's

10:45:15 the league's current position.

10:45:16 A lot of them are watched because right now they are

10:45:18 waiting to see which direction the bill is going to go

10:45:22 and if it will move on to a different level.

10:45:26 >>JOHN DINGFELDER: I wanted to commend senator storms

10:45:28 for actually supporting the EPC, our local EPC in




10:45:33 regard to that bill.

10:45:34 Thank you.

10:45:39 >>LINDA SAUL-SENA: Thank you, Mr. Chairman.

10:45:41 In today's paper, there was an editorial saying that

10:45:48 the DCA in Tallahassee has not been reauthorized, and I

10:45:52 wondered how that -- if it turns out that the DCA is

10:45:57 not reauthorized, how will that affect -- virtually

10:46:03 everything.

10:46:04 The review of our local plans.

10:46:08 I mean, have you been following that?

10:46:11 >>RANDY GOERS: Only to the extent that it's come up I

10:46:13 think a couple of years ago or was it last year.

10:46:17 It's a periodic review of the agency.

10:46:19 I think other agencies go through the same periodic

10:46:22 review.

10:46:22 The only thing I can tell you, since I can't predict

10:46:25 the future is that if DCA is not authorized, the

10:46:28 functions of the agency have to be assigned to

10:46:30 somebody.

10:46:31 Because the law has to be maintained.

10:46:34 Typically, they would just reassign the functions to

10:46:37 somebody else or reintegrate the department.




10:46:40 We've not heard, even though they have not been

10:46:42 reauthorized or there hasn't been a confirmation of it,

10:46:44 but we haven't heard anything that they are not going

10:46:46 to be.

10:46:46 >>LINDA SAUL-SENA: Well, I have to compliment you.

10:46:48 I think we did a really good job of redoing our comp

10:46:51 plan.

10:46:51 I think it's by far the best comp plan we've ever had.

10:46:55 The idea of it not being, you know, supervised from

10:46:59 Tallahassee is very concerning.

10:47:00 Will you, without us putting it on the agenda, if there

10:47:04 is something that happens, for example, next week, even

10:47:07 though it isn't a traditional Council meeting week,

10:47:09 will you bring something to us?

10:47:13 >>RANDY GOERS: Sure.

10:47:14 Again, as administration -- as these bills become

10:47:17 finalized or close to final and as the information

10:47:19 becomes clearer, I'm sure the administration will be

10:47:22 able to provide more information to you all.

10:47:25 >>LINDA SAUL-SENA: Do you know if our lobbyist is

10:47:28 weighing in on these things?

10:47:30 >>RANDY GOERS: We have a lobbyist.




10:47:32 >>LINDA SAUL-SENA: It's bill peoples.

10:47:34 >>RANDY GOERS: Yes, and we work with the Florida league

10:47:36 of cities and also Debbie Stevens communicates directly

10:47:41 with Mr. Peoples.

10:47:42 We provide him with the technical information he needs

10:47:44 and also the direction by the administration for him to

10:47:47 be able to weigh in specifically on the City of Tampa's

10:47:49 behalf.

10:47:53 >>LINDA SAUL-SENA: Thank you.

10:47:55 >>THOMAS SCOTT: Any other questions?

10:47:56 Okay.

10:47:56 Thank you very much.

10:47:58 Item 75.

10:48:06 >> Good morning, Mr. Chair, Council members.

10:48:08 Jan McLean, the City Attorney's office.

10:48:11 I wanted to make a brief introduction.

10:48:13 Mr. Shelby had prepared the resolution for your

10:48:16 consideration today.

10:48:22 We have here, if you would like, Ms. Nanette O'Hara

10:48:24 from the Tampa Bay Estuary Program who has a very brief

10:48:26 presentation, if you would like for her to --

10:48:29 >>THOMAS SCOTT: She can come forward.




10:48:33 >> Her overheads are on the ELMO.

10:48:36 If we can have that, that would be great.

10:48:38 >> Thank you very much.

10:48:38 My name is Nanette O'Hara.

10:48:41 I work for the Tampa Bay Estuary Program.

10:48:43 I'm here today for our director Holly Greening, who is

10:48:46 actually out of state this week.

10:48:47 And I wanted to give you just a brief background,

10:48:51 because for some of you I know this might be the first

10:48:53 time you're hearing about our regional model ordinance

10:48:56 for residential fertilizer use.

10:48:58 And thank you, Councilwoman Saul-Sena, for bringing

10:49:01 this forward.

10:49:02 She is your representative to our policy board.

10:49:13 >> I'm getting confused with the captioning here.

10:49:17 >> Just push it up.

10:49:21 >>THOMAS SCOTT: That's good.

10:49:22 >> Okay.

10:49:22 All righty.

10:49:23 We were asked about two and a half years ago by our

10:49:26 policy board, which is composed of representatives of

10:49:30 Hillsborough, Pinellas, and manatee counties as well as




10:49:32 Tampa, St. Petersburg, and Clearwater.

10:49:33 To facilitate some discussions leading to development

10:49:39 of guidelines for residential fertilizer use in the

10:49:42 Tampa Bay region.

10:49:43 And this is because a number of local ordinances were

10:49:46 being passed throughout southwest Florida, kind of

10:49:50 moving northward.

10:49:52 Most recently at that time, Sarasota County had passed

10:49:54 a local fertilizer ordinance.

10:49:57 So our staff facilitated four workshops which were very

10:50:01 well attended, represented by a diverse variety of

10:50:06 stakeholder groups from environmental organizations to

10:50:11 local government representatives, lawn care industry,

10:50:15 horticulture experts and water quality scientists.

10:50:18 The result of that was a series of guidelines that our

10:50:23 policy board then asked us to put in the form as a

10:50:26 model ordinance.

10:50:28 And here are the key elements of that model ordinance.

10:50:34 One would be a restriction on application of nitrogen

10:50:39 or phosphorous fertilizers on lawns and landscapes from

10:50:43 June through September, which coincides with our rainy

10:50:47 season.




10:50:47 Again, this exempts agriculture.

10:50:50 It exempts nursery growers or anyone that's considered

10:50:52 a bona fide commercial agricultural operation.

10:50:56 It would also exempt people with home vegetable

10:50:59 gardens.

10:50:59 It's primarily directed at lawns and landscape.

10:51:03 It also proposes licensing of lawn care professionals,

10:51:07 which is something that the lawn care industry supports

10:51:09 very strongly.

10:51:10 A regional certification program so that lawn care

10:51:15 professionals who are working across our

10:51:17 municipalities.

10:51:18 As you know, we have one big region, their

10:51:21 certification would be recognized throughout the area.

10:51:23 So someone who is working in Temple Terrace and Tampa,

10:51:27 for example, would not have to receive different

10:51:29 training or certification.

10:51:30 There would be reciprocal recognition of the training

10:51:34 that they received.

10:51:34 An interesting thing, guidelines for reclaimed water.

10:51:40 As you know, more of our municipalities are using

10:51:42 reclaimed water to offset potable water supplies.




10:51:46 It's a very good thing.

10:51:47 But reclaimed water also contains nitrogen, so we were

10:51:51 asking -- this is just a recommendation -- that local

10:51:53 governments just let their customers of their water

10:51:58 departments know the amount of nitrogen that's in the

10:52:02 water.

10:52:02 There may be enough nitrogen that they might not need

10:52:05 to apply additional fertilizer.

10:52:06 Education being a critical component of this, of

10:52:12 course.

10:52:12 We all understand that and agree with that.

10:52:14 Finally, our policy board chose to add in a

10:52:18 point-of-sale restriction, which would bar sales of

10:52:23 these prohibited fertilizers during the summer months

10:52:26 only.

10:52:28 There are alternative fertilizer products that are

10:52:29 available that contain other things besides nitrogen

10:52:34 and phosphorous that actually are already on the market

10:52:36 now in many of our big box stores.

10:52:39 Our policy board felt very strongly about this retail

10:52:41 sales ban, understanding as local government officials

10:52:45 that enforcement of this is difficult, and you-all do




10:52:49 not have a lot of resources to spare right now.

10:52:52 This is kind of a built-in enforcement mechanism.

10:52:55 If people cannot buy it, they are not going to be

10:52:58 likely to use it during those summer months.

10:53:00 And a brief technical summary.

10:53:07 We have a lot of research to support this, but

10:53:11 basically you-all are aware that there are new state

10:53:14 and federal regulatory requirements coming down that

10:53:17 will require all the communities in Florida to further

10:53:20 reduce nitrogen loadings to their waterways.

10:53:23 And we're no exception.

10:53:24 And our policy board feels that this is one

10:53:26 cost-effective way of local fertilizer ordinance to

10:53:31 help achieve those goals.

10:53:32 Our summer rainfall patterns differ here.

10:53:35 We have a sea breeze effect so we have very high

10:53:38 rainfall in the summertime.

10:53:40 And most importantly, it's a lot cheaper to prevent

10:53:46 nitrogen from entering a waterway to begin with than it

10:53:49 is to clean it up once it's in a waterway.

10:53:51 Where are we with our model ordinance?

10:53:55 It was first adopted by Gulfport.




10:53:58 Then St. Petersburg in March of 2009.

10:54:04 Pinellas County adopted it as a countywide ordinance in

10:54:06 January of this year with an opt-out.

10:54:08 Communities there could choose to opt out if they

10:54:12 wanted to.

10:54:13 So far none have done that.

10:54:14 Currently, the ordinance is being considered in

10:54:17 Hillsborough and manatee counties.

10:54:19 And finally, just to reiterate, the key benefits, as

10:54:23 our policy board sees them, residential fertilizer ban

10:54:28 in the summer that applies to both homeowners and lawn

10:54:32 care companies is, they believe, a cost-effective and

10:54:35 reasonable way to help us meet our water quality goals.

10:54:38 And the enforcement is probably going to be enhanced

10:54:42 and aided by a point of sale restriction.

10:54:46 Finally, they feel very strongly that regional

10:54:50 consistency is critical on this, that it would be very

10:54:52 beneficial for all of our local government partners to

10:54:55 adopt the same ordinance to facilitate compliance in

10:54:59 education.

10:54:59 And thank you for listening to that presentation.

10:55:03 I'd be happy to answer any questions that you have.




10:55:08 >>THOMAS SCOTT: Any questions by Council?

10:55:09 Councilman Dingfelder.

10:55:13 >>JOHN DINGFELDER: Thanks, Nanette.

10:55:14 And thanks for your responsiveness to my e-mails on

10:55:18 this subject.

10:55:18 It's my understanding that Hillsborough County EPC -- I

10:55:28 mean, this came up to Council probably, I think, a year

10:55:31 ago.

10:55:31 And I think including the Mayor and I think the

10:55:34 position of the city was why don't we look at it on a

10:55:38 countywide basis, and if the county is going to adopt

10:55:41 it on a countywide basis, like they did in Pinellas,

10:55:45 then we don't need to do it piecemeal.

10:55:49 Especially when you get to issues of going to be for

10:55:53 sale in the city, not in the city.

10:55:55 Can drive across the county line for bootleg fertilizer

10:55:59 or something.

10:56:00 But anyway, so, I guess the answer to that is

10:56:08 Hillsborough County is still pending, do they have a

10:56:12 schedule in terms of this review?

10:56:13 I see our legal counsel is moving in on this question.

10:56:18 >> Jan McLean, City Attorney's office.




10:56:21 We've been working very closely with city staff,

10:56:24 Hillsborough County and the other municipalities, Plant

10:56:25 City and Temple Terrace and representatives of EPC.

10:56:29 They held numerous workshops, and my understanding is

10:56:32 that the EPC staff will be taking back to their

10:56:35 commission in early June for consideration of a

10:56:39 recommended rule.

10:56:40 You're absolutely right, Mr. Dingfelder.

10:56:43 We've looked at it over the last year on how it could

10:56:45 be implemented countywide and wouldn't have the impact

10:56:50 to City Code or how we could implement it, since EPC is

10:56:55 statutorily created, they have a different kind of

10:57:01 enforcement matrix that didn't necessarily lend itself

10:57:04 to a code enforcement type of administrative base

10:57:08 enforcement.

10:57:08 And the county stepped up and said that they could take

10:57:13 the actions that would allow EPC to utilize the

10:57:17 county's code enforcement, so it would be like a

10:57:19 $50 fine and not the larger fines that you hear coming

10:57:23 out of EPC.

10:57:24 It's been very well coordinated amongst the

10:57:26 municipalities in the county over the last year.




10:57:30 >>JOHN DINGFELDER: I think the most reasonable, quote,

10:57:34 enforcement mechanism is at the point of sale.

10:57:36 I mean, because I can't imagine that we're going to be

10:57:41 up and down the streets patrolling, looking for people

10:57:44 pushing the applicator carts.

10:57:46 I hope we're not going to get to that point.

10:57:49 But if there's a countywide ban and a multicounty ban

10:57:55 on the sale during those months, then I think that's

10:57:58 probably the most effective way.

10:58:00 And I hope that would be the direction of this.

10:58:04 >> Well, the other thing, too, the estuary program has

10:58:07 money set aside for a significant educational program

10:58:10 so that we get the information out beforehand.

10:58:15 There's even a consideration of delaying enforcement

10:58:17 for a certain short period of time so that we make sure

10:58:19 that the citizens are aware of what the new

10:58:21 restrictions would be.

10:58:23 >>JOHN DINGFELDER: Good.

10:58:24 >>THOMAS SCOTT: Councilwoman.

10:58:26 >>LINDA SAUL-SENA: I was listening to the radio this

10:58:27 morning and heard -- and it's been on for a couple of

10:58:30 weeks now.




10:58:31 Fertilize with time release.

10:58:32 It will look better and you won't have problems.

10:58:35 I think that's very proactive and smart.

10:58:37 And I want to thank Council members for entertaining

10:58:39 this, and I would like to move that we adopt the

10:58:42 wording before us.

10:58:43 >>THOMAS SCOTT: Okay.

10:58:44 >>JOHN DINGFELDER: The motion is a resolution to urge

10:58:47 the county to do this?

10:58:49 >>LINDA SAUL-SENA: Yes.

10:58:49 >>THOMAS SCOTT: Moved and seconded.

10:58:51 Seconded by Councilman Miranda.

10:58:54 All in favor, signify by saying aye.

10:58:56 Opposes?

10:58:58 >>LINDA SAUL-SENA: And thank you, Mr. Shelby, for

10:58:59 writing up the resolution.

10:59:06 >>THOMAS SCOTT: That was item 75.

10:59:09 >>MARTIN SHELBY: Council, I should point out that a lot

10:59:12 of that language mirrors the language in the Pinellas

10:59:16 County ordinance.

10:59:17 >>LINDA SAUL-SENA: Sure.

10:59:20 >>THOMAS SCOTT: Okay.




10:59:20 Thank you.

10:59:21 Thank you very much.

10:59:23 We'll move to new business.

10:59:27 Councilwoman Saul-Sena?

10:59:29 >>LINDA SAUL-SENA: Thank you.

10:59:29 Last night I attended a meeting about job creation and

10:59:34 business development countywide, and I was -- I found

10:59:37 out about this 24 hours in advance.

10:59:39 It was not well publicized.

10:59:42 I was the only elected official there because I think

10:59:45 it was so rarely publicized.

10:59:49 It's supposed to be a blueprint for all the

10:59:51 communities, all the cities and counties in the future.

10:59:53 I said to the consultant who has been hired to write

10:59:55 this thing up that they needed to talk to the members

10:59:57 of Tampa City Council.

10:59:58 So to that end, I have their contact info, and I'm

11:00:03 going to make that available to everyone's office.

11:00:05 But I think -- I think that one of the things that is

11:00:07 obvious to me that we need to do is communicate better,

11:00:10 and that if the county is doing this initiative about,

11:00:14 you know, how we should develop job growth, that they




11:00:16 need to be talking to city people, too, who are all in

11:00:19 this together.

11:00:20 Bob McDonagh from our staff is there, although he

11:00:26 didn't say anything.

11:00:26 And there were some citizens there from the City of

11:00:28 Tampa who were weighing in.

11:00:30 I just -- I really encourage us to share our concerns

11:00:33 and ideas and visions for how this community can be

11:00:36 more economically competitive.

11:00:38 >>THOMAS SCOTT: Isn't that the committee that was

11:00:40 appointed, though, by the county commission?

11:00:42 I think you had bob come before us to talk about that.

11:00:45 >>LINDA SAUL-SENA: Yes, bob came here and spoke to us.

11:00:47 That was sort of phase one.

11:00:49 I guess this is phase two.

11:00:50 They have hired these consultants to carry on with it.

11:00:52 One of the questions I asked last night is what's

11:00:54 happened with that?

11:00:55 How has it been implemented?

11:00:56 Gene Gray, who is the staff person said, oh, we've done

11:01:01 some stuff.

11:01:01 I said, well, please share that with us, because we




11:01:03 haven't heard back at all.

11:01:04 >>THOMAS SCOTT: Right.

11:01:05 >>LINDA SAUL-SENA: I feel as if as Council members we

11:01:07 have not been in the loop, and we should be.

11:01:09 So, you know, if I can -- I'll share the consultant's

11:01:12 information with you-all and hope that they'll take the

11:01:15 time to share the implementation.

11:01:19 >>THOMAS SCOTT: Good.

11:01:21 Councilwoman Miller?

11:01:21 >>GWEN MILLER: None.

11:01:22 >>THOMAS SCOTT: Councilman Miranda.

11:01:24 >>CHARLIE MIRANDA: None.

11:01:24 >>THOMAS SCOTT: Councilwoman Mulhern.

11:01:26 >>MARY MULHERN: I have a few things.

11:01:28 First, I'd like to schedule the six-month revenue and

11:01:32 expenditure report overview.

11:01:37 Two options, if you could look at your calendars, I

11:01:40 would like to do it sooner than later, but it looks

11:01:43 like our workshop on the 22nd -- I guess our next

11:01:53 workshop is the 27th.

11:01:56 Not 22nd.

11:01:57 No, that's May.




11:01:59 Okay.

11:01:59 Let's see.

11:02:00 April the 22nd.

11:02:02 Sorry.

11:02:02 We've got a lot on that date.

11:02:05 If we think we could put that in maybe for 15 minutes.

11:02:15 Never mind.

11:02:16 Let's do it on the 27th.

11:02:17 May 27th at 10:30.

11:02:20 That's a motion.

11:02:25 >>LINDA SAUL-SENA: Second.

11:02:26 >>MARY MULHERN: Thank you.

11:02:26 >>THOMAS SCOTT: Moved and seconded.

11:02:27 All in favor, signify by saying aye.

11:02:29 Opposed?

11:02:31 >>MARY MULHERN: I would like to ask for a commendation

11:02:33 for the Seminole Heights community gardens one-year

11:02:35 anniversary, which will present on Monday at their

11:02:38 press conference.

11:02:40 >>THOMAS SCOTT: Moved and seconded.

11:02:41 Seconded by Councilman Miranda.

11:02:43 All in favor, signify by aye.




11:02:44 Opposed?

11:02:47 >>MARY MULHERN: I would like to have a report from

11:02:48 legal in, I don't know, 30 days, on proposed revisions

11:02:53 to our notice requirements for variances, zonings, and

11:02:58 special use requests to include whether we could add

11:03:03 continuous notice for the signage, and, secondly, that

11:03:10 we could be more inclusive to include any residential,

11:03:15 civic, and homeowners associations registered with the

11:03:18 City of Tampa that are operating within the area where

11:03:23 the rezoning or special use permit is being requested.

11:03:27 Is 30 days enough?

11:03:31 >> It is.

11:03:31 Our code also does require the notice to the registered

11:03:34 Neighborhood Association.

11:03:37 If you want to talk about how and when folks are

11:03:39 registered and how they are -- we could look at that

11:03:43 issue.

11:03:44 But we already have if you're within a certain

11:03:46 distance, and I believe it's 250 feet, or if there's

11:03:49 not one, the next closest one, that they would be

11:03:53 getting notice.

11:03:54 What does sometimes happen is if you've got a condo or




11:03:58 an HOA, which is for the property owners, they may not

11:04:02 be the official recognized group.

11:04:04 >>MARY MULHERN: I think that's a problem.

11:04:05 So that's what I would like to address is that

11:04:08 residents, especially in multiunit residences are

11:04:11 not -- and renters, for instance, are not being

11:04:14 noticed.

11:04:15 It may be that those associations are not the only, you

11:04:19 know, way that we could do it.

11:04:20 I mean, I don't know.

11:04:22 I'll leave that up to you.

11:04:25 But just to make sure that we don't have these renters

11:04:28 and condo owners and -- kind of falling through the

11:04:32 cracks with the notice.

11:04:34 >>CHARLES FLETCHER: Okay.

11:04:35 >>MARY MULHERN: So 30 days in our meeting --

11:04:41 >> [INAUDIBLE]

11:04:42 >>JOHN DINGFELDER: Just a report?

11:04:43 >>MARY MULHERN: I'd like a report with some

11:04:45 recommendations for changes in the ordinance.

11:04:48 >>THOMAS SCOTT: Councilwoman Saul-Sena.

11:04:50 >>LINDA SAUL-SENA: Thank you.




11:04:50 I believe now that the petitioner has to promise that

11:04:53 they've sent out, you know, registered mailing.

11:04:57 Maybe they could also commit that they have posted a

11:05:00 sign which has been in continuance -- continuous

11:05:05 visibility, let's say, for the period of time it's

11:05:07 supposed to be up.

11:05:08 Because we've had over the years a number of complaints

11:05:10 about that.

11:05:10 I think that's a really good idea, Ms. Mulhern.

11:05:14 >>THOMAS SCOTT: The only thing about the rental part,

11:05:16 that may be very difficult because renters move very

11:05:20 frequently.

11:05:21 >>MARY MULHERN: Well, I mean, there are different

11:05:23 solutions.

11:05:24 Posting a sign, for instance, in the towers of

11:05:26 Channelside in the building in the lobby or something

11:05:28 like that.

11:05:29 >>THOMAS SCOTT: Yeah.

11:05:29 I'm talking about in terms of noticing a certified, a

11:05:34 mail notice might be difficult.

11:05:36 Putting up a notice of a public hearing, that's a

11:05:38 little more easier.




11:05:40 I'll agree with that, yeah.

11:05:41 Councilman Dingfelder.

11:05:43 >>JOHN DINGFELDER: Yeah, Mr. Chairman, you and I were

11:05:45 on the same page on that.

11:05:47 I think the idea of leaving the sign out for the entire

11:05:50 period of time all the way up until the actual public

11:05:53 hearing is a good idea.

11:05:54 But I think when you get into the tenant issue, you are

11:06:00 just opening a huge Pandora's box, frankly, a huge

11:06:04 legal Pandora's box.

11:06:05 As you say, people come and go.

11:06:07 Well, I was here half that month.

11:06:09 The next tenant was here half that month.

11:06:11 Which tenant gets notified?

11:06:13 I mean, I think legal would probably come back and tell

11:06:16 us that might be a big issue.

11:06:22 >>CHARLES FLETCHER: Chip Fletcher.

11:06:23 City Attorney.

11:06:24 With the notice, we probably would still focus on a

11:06:26 process we have now, where within certain distances you

11:06:28 provide notice to the registered property owner.

11:06:32 And that would -- I'm not sure how much more we can do




11:06:35 than that to get back behind who is living at those

11:06:40 addresses.

11:06:40 But the other issue that was mentioned was the manager

11:06:45 of the association for the multifamily units, that's

11:06:48 one that we don't really address right now.

11:06:50 So that may be an area that we could look at.

11:06:52 I'm sure this isn't unique to Tampa, and we'll look at

11:06:55 what some other jurisdictions have done.

11:06:58 >>MARY MULHERN: I think that came up with both people

11:06:59 who spoke today, that it was actual residents who felt

11:07:04 they weren't noticed.

11:07:05 >>THOMAS SCOTT: Right.

11:07:06 >>MARY MULHERN: That might be the solution.

11:07:07 The other thing is, you can always mail a card to a

11:07:09 resident at an address.

11:07:10 You don't have to have their name.

11:07:13 >>THOMAS SCOTT: Okay.

11:07:15 >>MARTIN SHELBY: Mr. Chairman, I'm sure the Legal

11:07:16 Department will look into this as well.

11:07:18 But the concept of having continuous notice puts a very

11:07:22 high burden on the property owner.

11:07:25 And you'd have to weigh -- I'm sure legal will make the




11:07:28 point when they do their research, if somebody does

11:07:30 take away the sign, will that constitute then defective

11:07:34 notice?

11:07:35 Would that then require somebody actually to post

11:07:38 surveillance to ensure that their notice is

11:07:42 continuously there?

11:07:43 But that's an issue that I'm sure will be addressed

11:07:45 when the time comes.

11:07:46 But that's something that will have to be considered.

11:07:48 >>MARY MULHERN: Right.

11:07:48 Well, that has to do with enforcement or some kind of

11:07:51 penalty.

11:07:52 I'm just saying, you know, we could have the wording be

11:07:54 that it be continuous.

11:07:59 >> What constitutes then defective notice, which would

11:08:01 then jeopardize the decision.

11:08:04 >>JOHN DINGFELDER: Good-faith efforts to leave the sign

11:08:06 up for the entire period or something like that.

11:08:08 >>MARY MULHERN: That's why I asked legal.

11:08:10 Thank you.

11:08:16 >>GWEN MILLER: Mr. Fletcher, my question will be on the

11:08:18 same thing.




11:08:19 Some petitioners say I put the sign up, when I went

11:08:22 back, it was knocked down.

11:08:24 Shouldn't it be the responsibility of the petitioner to

11:08:25 go back and make sure the sign is still there?

11:08:29 >>CHARLES FLETCHER: That seems reasonable.

11:08:30 As I indicated, I suspect we're not the only place who

11:08:33 has had this issue.

11:08:34 The first place I'll start is to look at what other

11:08:36 jurisdictions do, but that it be posted for a

11:08:38 continuous period of time seems reasonable, but,

11:08:42 obviously, if a car were to run it over, some other

11:08:46 third party action were to take it down, you don't want

11:08:49 to make that the defective notice.

11:08:53 Perhaps if they go back and check periodically or

11:08:56 something along those lines, we can create an

11:08:58 obligation like that, perhaps.

11:08:59 We'll look at other jurisdictions first and see what

11:09:01 other places have done.

11:09:04 >>GWEN MILLER: If it's not there, can they come back to

11:09:06 Land Development and pick up another sign?

11:09:08 >>CHARLES FLETCHER: Sure.

11:09:09 >>GWEN MILLER: That should be a positive response to,




11:09:12 if it's not there, they can get another.

11:09:15 >>THOMAS SCOTT: Councilman Dingfelder.

11:09:17 There's a motion moved and seconded.

11:09:19 All in favor, signify by aye.

11:09:21 >> Mr. Chairman, what's the motion?

11:09:23 >>THOMAS SCOTT: The motion is that legal come back to

11:09:25 us in 30 days.

11:09:26 Recommendation on our public notice requirement for

11:09:32 zoning, liquor license, those issues.

11:09:38 >>LINDA SAUL-SENA: Second.

11:09:39 >>THOMAS SCOTT: Councilman Dingfelder, new business?

11:09:43 >>JOHN DINGFELDER: Okay.

11:09:44 Two items.

11:09:47 I wanted Council to give a commendation to Diane Lopez.

11:09:51 I don't know if you read about her in the newspaper,

11:09:53 both newspapers did nice stories.

11:09:57 She's the TPD officer injured in Iraq and she came back

11:10:00 to us recently and is recuperating and on light duty,

11:10:04 if she wants to accept the commendation here, we'd love

11:10:07 to have her.

11:10:08 If not, we'll just have the chief give it to her

11:10:11 elsewhere.




11:10:11 >>THOMAS SCOTT: Moved and seconded.

11:10:12 All in favor, signify by aye.

11:10:14 >>JOHN DINGFELDER: We can do that at the next available

11:10:16 time that she's available, maybe during an officer of

11:10:19 the month presentation or something like that.

11:10:21 And then the other one is -- I was on Davis Islands

11:10:27 recently, and some folks came up to me and said in

11:10:31 regard to golf carts, they said golf carts are allowed

11:10:35 in sun city, why can't we allow them on Davis Islands?

11:10:39 Because apparently there are some families that are

11:10:41 using golf carts to kind of zip around and go over to

11:10:44 the -- go over to the neighborhood stores and

11:10:50 restaurants and that kind of thing.

11:10:51 And I thought, well, that's kind of a neat idea.

11:10:54 Anyway, so I'd like a report back from staff and

11:10:59 legal --

11:11:00 >>LINDA SAUL-SENA: Second.

11:11:01 >>JOHN DINGFELDER: -- on that issue in 60 days to look

11:11:06 at the -- and also TPD, to look at the feasibility of

11:11:11 legalizing golf carts in that limited geographic area.

11:11:15 You probably can help us on the history of that in sun

11:11:21 city.




11:11:22 I think they've allowed that for a long time now.

11:11:25 >>THOMAS SCOTT: That's been in effect I know at least

11:11:27 10, 12, 13 years now.

11:11:33 >> Is it illegal in the city?

11:11:35 >>JOHN DINGFELDER: On the public streets, it is.

11:11:37 >>LINDA SAUL-SENA: Very common use on Davis Islands.

11:11:40 There are a number of them.

11:11:42 >>JOHN DINGFELDER: I think they are doing it illegally.

11:11:44 >>LINDA SAUL-SENA: Well, then let's get a response.

11:11:48 >>THOMAS SCOTT: So you are -- did you make a motion?

11:11:50 >>JOHN DINGFELDER: Yes, 60-day report from legal and

11:11:53 staff and TPD.

11:11:55 >>THOMAS SCOTT: Moved and seconded.

11:11:56 All in favor, aye.

11:11:57 Opposed?

11:11:57 I have a couple of items.

11:11:59 One is, Council, it's come to my attention, evidently

11:12:06 the redrawing of the district boundaries or the city's

11:12:08 boundaries for election for redistricting that is done

11:12:12 by the Planning Commission and that Council does not

11:12:16 weigh in on that.

11:12:17 I just found that very appalling.




11:12:19 >>LINDA SAUL-SENA: Why don't we?

11:12:20 >>THOMAS SCOTT: The reason I say this is, well, to keep

11:12:23 the politics out of it.

11:12:24 I had, well, that's interesting.

11:12:25 The legislature, we draw the boundaries for the state

11:12:27 and for the congressional seat.

11:12:30 The county commission redraw the boundaries for the

11:12:34 county commission.

11:12:35 It is my understanding that this is the only

11:12:37 municipality that does not have any voice, any say-so.

11:12:40 To me, it looked like it ought to be that you weigh in

11:12:44 on it, have some input into that.

11:12:46 It just doesn't seem logical or reasonable that you are

11:12:51 not having input into this whole process.

11:12:54 So I want to raise that as a concern or that at some

11:12:58 point we have legal come back to us with discussion

11:13:02 relative to this particular issue.

11:13:04 I bring that up because I've been getting telephone

11:13:07 calls, people asking me about it.

11:13:08 Say, well, we don't have any input.

11:13:11 They say, why?

11:13:11 And that's a legitimate question.




11:13:14 Council member Miranda.

11:13:16 >>CHARLIE MIRANDA: I'm not here to defend the process.

11:13:18 I'm here to explain as to what I know.

11:13:21 Let's say that the city has 350,000.

11:13:27 Good people living in it.

11:13:28 They divide as closely as possible districts by 75,000

11:13:32 each, 75, 75, 75, 75 equals 300,000 and I'm not using

11:13:41 350.

11:13:41 I'm using 300,000.

11:13:44 So they try to get the districts as close as possible

11:13:49 by population.

11:13:52 There is no Hispanic district, and there never will be

11:13:56 Hispanic district in the City of Tampa.

11:13:58 So the only minorities that are really left out are the

11:14:02 Hispanics.

11:14:05 There is no Hispanic district.

11:14:08 Because you can't have an Hispanic district because

11:14:12 they are all over in concentration.

11:14:13 So they try to do all those things.

11:14:16 There was a publicly noticed meeting, and I believe it

11:14:20 was in the newspaper, because I read it.

11:14:22 I attended that meeting at Dave barks Dale center.




11:14:29 It was sometime at 6:00, 6:30 in the afternoon.

11:14:32 And it was about five or six participants.

11:14:36 Patrick Manteiga, his wife, myself, my aide, Janet

11:14:44 Cruz, and one or two others.

11:14:46 They went and explained the map to us, and does it

11:14:50 change?

11:14:51 It changes next to nothing.

11:14:56 It just changes the population shift, and they change

11:15:01 some of your district to me.

11:15:02 They change some of your district to him, and I'm just

11:15:06 going with how they do it.

11:15:11 >>JOHN DINGFELDER: They shifted it around Kennedy, just

11:15:14 around Kennedy.

11:15:16 They added a few precincts around Kennedy.

11:15:18 >>CHARLIE MIRANDA: Don't forget that the district that

11:15:19 I represent goes around the airport two blocks north of

11:15:23 Hillsborough to Armenia north to waters, east of

11:15:27 Florida Avenue, south to MLK, west again to North

11:15:36 Boulevard and south again to Columbus Drive.

11:15:40 West again to Armenia, center line.

11:15:43 He has the east side of Armenia.

11:15:46 I have the west side of Armenia.




11:15:48 We go all the way down to Kennedy Boulevard.

11:15:51 Mine goes east again to downtown, around here

11:15:54 somewhere.

11:15:56 Exactly street, I don't know.

11:15:57 It goes to Swann, and it travels then west again to

11:16:00 Dale Mabry, and then all the way to Plant High School

11:16:02 and then west again to the bay.

11:16:04 So if anybody wants to change districts, you let me

11:16:09 know.

11:16:09 >> Mr. Miranda, you have a GPS in your car?

11:16:12 >>CHARLIE MIRANDA: I don't even have a brain in the car

11:16:14 anymore.

11:16:14 >>THOMAS SCOTT: Well, the issue for me, though, and

11:16:16 that's fine.

11:16:16 The issue for me is that you're the only elected body

11:16:21 in the whole state that don't weigh in on the process.

11:16:24 >>JOHN DINGFELDER: Is it in the charter?

11:16:27 >>THOMAS SCOTT: It's special act.

11:16:28 But, again, the issue is, is that City Council is the

11:16:34 only elected body that does not weigh in on the drawing

11:16:38 of the districts.

11:16:39 The county commission weigh in, even though the




11:16:44 planning commission is involved in the process, they

11:16:48 report to the board of county commission.

11:16:50 They share their recommendation, and the board either

11:16:53 at their own discretion by majority vote make a shift

11:16:56 or change.

11:16:56 Now, I've been involved in that process.

11:16:58 I know how they do it.

11:16:59 The state legislature draws the districts for their

11:17:04 seat as well as for the Senate, for the legislature,

11:17:07 and for the congressional seats.

11:17:08 So I'm just simply saying to me, it's an issue of, if

11:17:13 you're going to say, well, keep the politics out of it,

11:17:16 why is it then the county commission is involved, state

11:17:18 legislature involved, but Council not involved?

11:17:21 To me, I'm just raising what I think is a legitimate

11:17:24 question of concern for this body, for this board.

11:17:29 Councilwoman Mulhern.

11:17:35 >>MARY MULHERN: Well, let me speak, thank you.

11:17:37 I was very concerned about this when I saw it in the

11:17:43 paper.

11:17:43 Did we vote on this?

11:17:44 We did not.




11:17:45 No, okay.

11:17:46 I thought it was going to show up.

11:17:48 But I did look into it, and I was, you know, concerned

11:17:52 that we didn't have any say.

11:17:54 But when I looked into it, it looked like it was a very

11:17:57 fair process and also I think what chip is going to

11:18:00 tell us mandated by the special act.

11:18:02 And also I think by -- it's because of the Voting

11:18:04 Rights Act.

11:18:06 So we have to make sure that our districts are drawn to

11:18:11 be fair and nondiscriminatory.

11:18:13 And I actually think that our process is much more less

11:18:18 political and fairer.

11:18:20 It's interesting because you're right that we're the

11:18:23 ones that don't in addition to congress who doesn't get

11:18:26 to draw their own district.

11:18:28 The state legislature draws those.

11:18:30 So I think maybe they should look at the way we're

11:18:34 doing it.

11:18:34 In fact, there's a referendum on the ballot for fair

11:18:37 districting for congress and for the state house.

11:18:40 I think it's definitely worth our discussing, but I




11:18:46 felt very comfortable after I looked into the process,

11:18:48 that it was fair, as Mr. Miranda said.

11:18:52 There's not a lot we could offer.

11:18:57 But I think they should look at what City Council does.

11:19:00 When all of you are on county commission, you can

11:19:02 change the way county commission does it, because they

11:19:04 have some pretty bizarrely drawn districts, and they

11:19:07 might have been drawn more reasonably if it was not

11:19:10 elected officials who were drawing their own districts.

11:19:15 >>THOMAS SCOTT: Well, the Planning Commission do what

11:19:18 they do.

11:19:18 They drawn, have a debate and discussion.

11:19:20 The Planning Commission is involved because they had

11:19:21 the data, you know.

11:19:22 But anyway, that's -- okay.

11:19:28 Mr. Fletcher.

11:19:30 >>CHARLES FLETCHER: Chip Fletcher, City Attorney.

11:19:31 I had only approached the podium to answer the question

11:19:35 about the authority, and it is by a special act.

11:19:37 It was indicated earlier.

11:19:39 And we have copies of those special acts and would

11:19:42 require a special act to change that.




11:19:45 And the process that the Planning Commission has gone

11:19:48 through is pursuant to that special act.

11:19:50 They have gone through that process consistent with the

11:19:53 requirements the legislature put in place in the late

11:19:55 '70s.

11:20:00 >>JOHN DINGFELDER: I know what they did to my district,

11:20:02 they didn't do much.

11:20:03 Did they do much to the other districts?

11:20:05 That anybody saw?

11:20:08 >>THOMAS SCOTT: Well, to me, that's really not the

11:20:09 issue.

11:20:10 The issue to me is, one, is process and how are you

11:20:13 involved in that process?

11:20:15 I'm just raising that.

11:20:16 Well, go ahead.

11:20:16 >>JOHN DINGFELDER: No, no.

11:20:18 I hear what you're saying, and I agree with you about

11:20:20 process.

11:20:21 But at the same time, you know, it's once every ten

11:20:27 years.

11:20:27 I think I tend to agree with Ms. Mulhern on this issue.

11:20:30 That probably the best way to do this type of thing is




11:20:36 let the demographers do it and to have a neutral body,

11:20:39 in this case it was the Planning Commission, a

11:20:42 nonelected body, that actually, I think, ended up

11:20:44 voting on it.

11:20:45 You know, I think it's probably a good way to just take

11:20:49 the politics out of it, because I agree with you

11:20:51 totally, that -- the county commission district

11:20:54 especially, the district one is so gerrymandered, from

11:20:59 what I hear, ten years ago, it was gerrymandered for

11:21:03 political reasons.

11:21:03 That's not good.

11:21:05 >>THOMAS SCOTT: Well, that's quite interesting, because

11:21:07 I was there.

11:21:07 I will tell you that the Planning Commission drew the

11:21:10 boundaries, the Planning Commission drew the

11:21:11 boundaries.

11:21:12 They were shifted somewhat.

11:21:14 Pat frank came forward with an alternate plan.

11:21:18 Pat frank, who is a democrat.

11:21:19 And I'm just saying.

11:21:24 But they mirror pretty much the numbers drawn by the

11:21:28 Planning Commission.




11:21:29 It's not a lot of change, but at least they had a

11:21:32 say-so in the whole process.

11:21:34 Plus, you have to keep in mind, whatever is done, it

11:21:37 has to be precleared by the federal government.

11:21:39 >>JOHN DINGFELDER: Oh, yeah.

11:21:40 >>THOMAS SCOTT: It has to be.

11:21:41 Everything you do.

11:21:42 It has to be precleared by the federal government.

11:21:45 I only just raise it because I got called from

11:21:49 constituents on this issue.

11:21:52 >>CHARLIE MIRANDA: Mr. Chairman, thank you, and I

11:21:53 appreciate your bringing it up.

11:21:55 I think it's a good, fair discussion.

11:21:56 But there's one item that we haven't brought up, in

11:22:01 this government, and this is -- I believe the county

11:22:04 government should be the same, although I've been a

11:22:06 supporter of the county Mayor, I more likely will vote

11:22:09 against the county Mayor shift because they are making

11:22:13 it partisan.

11:22:14 It's too much whether you're on one side or the other

11:22:18 side, republican or democrat.

11:22:21 I think should be elected like we are.




11:22:22 Nonpartisan for the betterment of the people, not for

11:22:24 the betterment of a party.

11:22:26 I think that's a difference in the way that the

11:22:30 Planning Commission does it.

11:22:32 They do it by population, as close as possible, because

11:22:35 people do shift and high-rise buildings do come up and

11:22:40 people do move in.

11:22:41 I think Mr. Dingfelder was correct.

11:22:42 Very minor change, little couple of precincts that are

11:22:45 good people by Platt Street Bridge, I believe, and

11:22:49 precinct 243 if I remember it, and the other side,

11:22:53 shifted around.

11:22:54 But there was nothing that was significant.

11:22:57 In fact, when you looked -- I think there were five

11:22:59 options.

11:23:00 They were so close that you had to go back and review

11:23:02 them three different times.

11:23:04 But we're nonpartisan, across the street they are

11:23:08 partisan.

11:23:09 And there's where the problem starts.

11:23:11 Here, we don't bicker about politics.

11:23:13 We don't bicker about liberals and conservatives.




11:23:16 We may not always agree, but at least we don't bicker

11:23:19 about politics as far as your party.

11:23:23 There is no affiliation here.

11:23:25 They are elected on this board from all parties.

11:23:28 In fact, if I ever run again, more likely I'll run

11:23:31 under the black bean party.

11:23:33 And that way you can just say I'm for the people.

11:23:36 Everybody likes to eat black beans and rice.

11:23:39 So I think that will be the party of the future, and

11:23:43 you don't have to worry about liberals or conservatives

11:23:47 or all kinds of things.

11:23:49 But these are the things that are just the average folk

11:23:54 in America is thinking I'm tired of parties.

11:23:57 I want a government that functions.

11:23:58 Thank you, Mr. Chairman.

11:23:59 >>THOMAS SCOTT: I'll just conclude on one last thing,

11:24:01 though.

11:24:01 Keep in mind that those people who are still drawing

11:24:04 the boundaries are still appointed people.

11:24:06 Okay?

11:24:08 All I'm saying.

11:24:14 >>MARTIN SHELBY: Quick clarification.




11:24:15 The special act requires that they have to be redrawn

11:24:18 in the year immediately preceding the year in which

11:24:21 regular elections shall be held in the City of Tampa.

11:24:23 So it's every actually four years.

11:24:25 >>CHARLIE MIRANDA: Four years, right.

11:24:26 >>THOMAS SCOTT: What I would suggest, since most of us

11:24:29 have not attended those, I would suggest that we at

11:24:32 least have the Planning Commission appear before us and

11:24:34 make a presentation on it.

11:24:36 >>LINDA SAUL-SENA: I think that's an excellent

11:24:37 suggestion.

11:24:37 I'll make that as a motion.

11:24:39 At our second meeting in May.

11:24:42 >>THOMAS SCOTT: Moved and seconded.

11:24:43 All in favor, signify by saying aye.

11:24:44 Okay.

11:24:47 All right.

11:24:47 And with that, Mr. Fletcher, if you would prepare to

11:24:52 give us a little more legal background on that, on the

11:24:54 special act.

11:24:55 And what is required if we so choose to change it, I'm

11:25:00 hearing at least three people don't think it needs a




11:25:02 change, but at least be prepared to give us a little

11:25:05 more information, what needs to follow if that is the

11:25:08 course of action we desire to take.

11:25:11 >>MARTIN SHELBY: Did you want that discussion when the

11:25:14 Planning Commission comes back in May?

11:25:16 >>THOMAS SCOTT: Yes, part of that, yes.

11:25:17 The other issue is that transportation, as you know, is

11:25:22 a big issue.

11:25:26 Light rail will be on the ballot in 2010.

11:25:28 I just think that Council need to be involved in the

11:25:30 process.

11:25:31 What I want to suggest is that we have several

11:25:33 community meetings out in the public, and I don't think

11:25:38 that has happened within Tampa.

11:25:40 I would suggest that we have a hearing or meeting up in

11:25:44 the north area of town, East Tampa, somewhere around --

11:25:50 in east am at that, North Tampa up around community,

11:25:53 New Tampa or either the university community area.

11:25:55 The Westshore area.

11:26:02 The Westshore area, because the first leg, as I

11:26:05 understand it, is what Hartline is looking at, going to

11:26:08 be from North Tampa into downtown, downtown to




11:26:11 Westshore, Westshore to -- so I proEPC that we have at

11:26:14 least four community meetings so that we can educate

11:26:19 the community about the ballot language, about -- the

11:26:25 potential routes they are looking at and the

11:26:27 alternative analysis.

11:26:28 And that Council probably need to be there so that

11:26:30 you're involved in that process.

11:26:31 >>LINDA SAUL-SENA: Great idea.

11:26:32 >>THOMAS SCOTT: That would be my motion.

11:26:34 >>MARY MULHERN: I believe that Hart and I know the MPO

11:26:41 has been having meetings to educate people on it and

11:26:43 the task force, your transportation task force.

11:26:46 But my concern is only that there are so many different

11:26:52 bodies and agencies involved that it should be probably

11:26:56 coming from Hart, and that they include us as opposed

11:27:00 to us holding meetings on it.

11:27:02 I mean, that's just my thought.

11:27:05 >>THOMAS SCOTT: Well, I thought we should invite them

11:27:07 to come and make a presentation.

11:27:08 >>MARY MULHERN: Okay.

11:27:08 Is that what you're asking?

11:27:10 Okay.




11:27:10 That's a good --

11:27:12 >>THOMAS SCOTT: Now.

11:27:13 One of the things I found is this.

11:27:15 Unless there's an elected body, a lot of times people

11:27:18 don't show up in good numbers unless they know their

11:27:22 representative, elected official will be there.

11:27:24 When you say this is a county commission public

11:27:26 meeting, then people have a tendency to come out versus

11:27:30 a task force or a group that does not include, you

11:27:34 know, elected people.

11:27:35 So I would suggest -- so my motion is pretty much is

11:27:38 that we hold a meeting, and then we have all the

11:27:41 stakeholders, Hart who apparently would be the body

11:27:43 that, should this pass, I'm not saying it will pass or

11:27:48 not.

11:27:48 Not saying who is for it or against, to weigh in on the

11:27:52 community and to educate the community and Council

11:27:55 taking a lead on this particular issue.

11:27:57 You are an elected body, elected official.

11:28:01 Whether you know it or not, you have a lot of authority

11:28:05 and a lot of power that you don't think that you have.

11:28:08 You have a right to hold any public meeting in the




11:28:12 public hearing on any issue in this community.

11:28:18 >>LINDA SAUL-SENA: I've attended some that Hart has

11:28:20 given.

11:28:20 They have kind of an effective video that they can

11:28:23 show.

11:28:23 But I agree with you completely.

11:28:26 I went to three, and there were no elected officials,

11:28:29 other elected officials at any of them.

11:28:31 And I think that showing up does get -- excuse me, I am

11:28:35 so sorry, Mr. Dingfelder was at one of them.

11:28:37 Anyway, I think that it has helped.

11:28:40 And I think that the public needs to understand what is

11:28:42 out there.

11:28:42 It's very confusing.

11:28:43 A lot of people get the high-speed rail confused with

11:28:45 the light rail.

11:28:46 And where is the funding coming from.

11:28:48 >>THOMAS SCOTT: That's right, that's right.

11:28:49 >>LINDA SAUL-SENA: I think that information is good.

11:28:50 >>THOMAS SCOTT: Yes.

11:28:51 Included in my motion, included in my motion that

11:28:55 Mr. Shelby with my office, with Linda, they look at our




11:28:58 calendar and see what would be a good time to hold the

11:29:01 meetings in the evening and report back to Council on

11:29:03 that.

11:29:05 >>MARTIN SHELBY: What time frame do you want to have

11:29:07 those meetings?

11:29:08 Within what period of time?

11:29:09 Soon or --

11:29:10 >>THOMAS SCOTT: It's on the ballot for November, so

11:29:12 you've got to have it before that time.

11:29:16 >>LINDA SAUL-SENA: Maybe September?

11:29:19 >>CHARLIE MIRANDA: Mr. Chairman, thank you very much.

11:29:20 I hope what I say is not taking out of context and

11:29:24 reported in a different manner.

11:29:25 I would more likely not be attending the meetings.

11:29:28 I'll tell you what.

11:29:29 In September 4th, 1996, before that time from

11:29:35 February of '96 to September the 4th '96, when I

11:29:41 vigorously opposed using public funds to build private

11:29:46 stadiums for profit, for individuals who have a lot

11:29:54 more means than you or I do and for leagues who have a

11:29:57 lot -- I'm trying to phrase this as best as possible.

11:30:02 Lot more monies and means than the city budget has, I




11:30:07 told them then somewhere in the future you're going to

11:30:12 remember what I said.

11:30:13 When you pass that tax, half penny sales tax then, it's

11:30:19 going to be much more difficult to pass a tax for

11:30:21 yourself to help improve.

11:30:23 So, therefore, although I support light rail, I will

11:30:27 not be attending the meetings because I would have to

11:30:30 say what I'm saying today.

11:30:31 And I don't want to be a hypocrite of what I stated

11:30:36 many years ago.

11:30:38 Thank you very much.

11:30:41 >> Mr. Miranda, is that when the black suits were here?

11:30:45 >>CHARLIE MIRANDA: No, I only had one suit then.

11:30:47 So that's the only one I could wear.

11:30:49 >>THOMAS SCOTT: It wasn't this one, was it?

11:30:51 >>CHARLIE MIRANDA: It turned gray from being in the

11:30:53 closet.

11:30:54 >>GWEN MILLER: We have a motion on the floor.

11:30:56 All in favor of the motion, aye.

11:30:57 Opposed, nay.

11:30:58 >>THOMAS SCOTT: The last item I have is I would like to

11:31:00 ask the administration to review and look at, report




11:31:04 back to Council a name of a park, street or building

11:31:09 after C. Blythe Andrews and that they can do that,

11:31:11 report back to us.

11:31:13 >> Second.

11:31:13 >>THOMAS SCOTT: In, what, 30 days?

11:31:15 30 days.

11:31:18 >>LINDA SAUL-SENA: Second.

11:31:18 >>THOMAS SCOTT: Mr. Andrews served the community well,

11:31:21 for many years, and so I think it's appropriate that we

11:31:24 name a park or building or street or something in his

11:31:27 memory, in his honor.

11:31:30 >>GWEN MILLER: I have a motion and second.

11:31:31 All in favor of the motion, aye.

11:31:32 Opposed, nay.

11:31:34 >>THOMAS SCOTT: Okay.

11:31:34 Anything else need to come before Council?

11:31:37 >>CHARLIE MIRANDA: Adjournment.

11:31:38 >>THOMAS SCOTT: Okay.

11:31:38 Then we stand in recess until 1:30.

11:31:40 Thank you all very much.

11:31:41

DISCLAIMER:




The preceding represents an unedited version of
realtime captioning which should neither be relied upon
for complete accuracy nor used as a verbatim
transcript.
The original of this file was produced in all capital
letters and any variation thereto may be a result of
third party edits and software compatibility issues.
Any person who needs a verbatim transcript of the
proceedings may need to hire a court reporter.








TAMPA CITY COUNCIL

Thursday, April 15, 2010

1:30 p.m. session



DISCLAIMER:

The following represents an unedited version of
realtime captioning which should neither be relied upon
for complete accuracy nor used as a verbatim
transcript.
The original of this file was produced in all capital
letters and any variation thereto may be a result of
third party edits and software compatibility issues.
Any person who needs a verbatim transcript of the
proceedings may need to hire a court reporter.



[ Roll Call ]

13:24:45 >>GWEN MILLER: Here.

13:33:08 >>LINDA SAUL-SENA: Here.

13:33:11 >>JOHN DINGFELDER: Here.

13:33:12 >>THOMAS SCOTT: Here.

13:33:15 Okay.

13:33:18 Open the public hearing for all our 1:30 items.

13:33:20 >> Mr. Chairman, before you do that --

13:33:26 >>THOMAS SCOTT: Yes, we will.

13:33:26 >> (speaking away from microphone)




13:33:51 >>THOMAS SCOTT: I have a memo from Councilwoman

13:33:53 Mulhern.

13:33:53 "I regret that I will not be returning to this

13:33:56 afternoon's council meeting.

13:33:59 Thank you."

13:33:59 >>LaCHONE DOCK: Land Development Coordination.

13:34:03 Council, item number 79 on the agenda, which is

13:34:07 petition number V 09-378, I just received a letter from

13:34:11 the petitioner, they have requested to withdraw that

13:34:13 petition.

13:34:13 >> Move to strike.

13:34:19 >>LINDA SAUL-SENA: Second.

13:34:19 >>THOMAS SCOTT: Moved and seconded.

13:34:21 All in favor signify by saying Aye.

13:34:24 Then we have one --

13:34:29 >>MARTIN SHELBY: I believe number 77 is also a

13:34:32 request.

13:34:32 Do you want to take up 76 first?

13:34:40 C-10-02.

13:34:43 That's going to be a continuance, right?

13:34:45 >> Well, wait a minute, wait a minute.

13:34:47 Before we do that, what I want to do is make sure we




13:34:50 understand all the items that are taken off.

13:34:52 And then the clerk said we had another memo saying

13:34:55 requesting a continuance.

13:34:56 I want to deal with all that first.

13:35:00 Let's do it all at once.

13:35:01 Removal from the agenda first.

13:35:03 Then we'll move to the continuance, okay?

13:35:05 >>MARTIN SHELBY: That was number 77.

13:35:09 >>THOMAS SCOTT: 77.

13:35:10 79.

13:35:11 80.

13:35:12 Right?

13:35:13 >>MARTIN SHELBY: 80 cannot be heard, that's correct.

13:35:17 >>THOMAS SCOTT: 82.

13:35:18 83.

13:35:18 >>JOHN DINGFELDER: Move to strike all of those from

13:35:24 the agenda.

13:35:26 >>LINDA SAUL-SENA: Second.

13:35:27 >>THOMAS SCOTT: All in favor?

13:35:28 Opposes?

13:35:29 Now let's deal we've the continuance.

13:35:30 >>BARBARA LYNCH: Land Development Coordination.




13:35:34 The Port Authority e-mailed me today requesting a

13:35:37 two-week continuance for C-10-02.

13:35:41 >>GWEN MILLER: Move to open.

13:35:47 >>LINDA SAUL-SENA: Second.

13:35:48 >>THOMAS SCOTT: All in favor?

13:35:49 Opposes?

13:35:50 Okay.

13:35:50 Anyone wish to address us on the continuance of item

13:35:53 76, the port is requesting a two-week continuance.

13:35:56 >>THOMAS SCOTT: Which would actually be three weeks,

13:35:58 is that correct, madam clerk?

13:35:59 >> May 6th.

13:36:02 That would be a 1:30.

13:36:03 >>JOHN DINGFELDER: Move to continue.

13:36:08 >>LINDA SAUL-SENA: Second.

13:36:10 >>THOMAS SCOTT: All in favor say Aye.

13:36:12 Opposes?

13:36:13 Okay.

13:36:13 Any other request for continuance?

13:36:14 >>GWEN MILLER: 91.

13:36:27 >>LINDA SAUL-SENA: We received a letter on that

13:36:31 requesting a continuance.




13:36:32 >>THOMAS SCOTT: Anyone wish to be address item 91

13:36:35 requesting a continue answer, from the public?

13:36:37 Okay.

13:36:37 >>MARTIN SHELBY: The attorney said he was going to

13:36:42 have somebody here representing him on his behalf, on

13:36:45 petitioner's behalf.

13:36:46 He's requesting a short continuance, as I recall.

13:36:48 >>JOHN DINGFELDER: Continue to the same day in May.

13:36:55 >>THOMAS SCOTT: How many times has 91 been continued?

13:36:57 Is this about the second or third time, isn't it?

13:37:00 Anyone from staff know?

13:37:01 >>GWEN MILLER: Would you come to the mike, please?

13:37:08 >> Come to the mike, if you don't mind.

13:37:11 State your name and address for the record.

13:37:12 >> My name is Montroy and I am here for Mr. Ekonomides

13:37:23 on item number 91, right?

13:37:26 He was planning on being here today.

13:37:28 He sent an e-mail to City Council yesterday afternoon,

13:37:34 approximately 4:30, 4:45.

13:37:38 It was responded to by council member Dingfelder's

13:37:42 assistant thanking him for the notice.

13:37:44 Mr. Blough was to have appeared for Mr. Ekonomides but




13:37:54 he is in New Port Richey and did not make it back on

13:37:56 time.

13:37:58 >>THOMAS SCOTT: There is a request for continuance.

13:37:59 >> A continuance anytime for the next meeting in May or

13:38:04 June.

13:38:04 >>THOMAS SCOTT: The question comes up, I don't know, I

13:38:07 can't remember, this is the third time.

13:38:09 >>MARTIN SHELBY: The record is finally complete and

13:38:16 ready to be heard.

13:38:17 There was an issue with that.

13:38:19 Now, council, if you wish to grant this continuance, if

13:38:24 it's council's desire, to make sure that it goes, that

13:38:27 this will be the last continuance that can be granted.

13:38:32 >>LINDA SAUL-SENA: So moved.

13:38:33 >>THOMAS SCOTT: And the next day is May 6th at

13:38:36 1:30 in the afternoon?

13:38:37 >>THE CLERK: At 1:30 in the afternoon you have a

13:38:40 closure public hearing and two other hearings that day.

13:38:44 >>JOHN DINGFELDER: This has been hanging around since

13:38:54 September.

13:38:55 Why don't we do it in June instead?

13:39:01 >>CHARLIE MIRANDA: I think June will be best it.




13:39:03 >>THOMAS SCOTT: It will be the first meeting in June.

13:39:06 1:30.

13:39:07 Okay.

13:39:09 Motion to that effect?

13:39:10 >>GWEN MILLER: Move to continue to June 3rd, 1:30.

13:39:14 >>LINDA SAUL-SENA: And the presumption of council now

13:39:16 is it will be heard on June 3rd and voted up or

13:39:19 down.

13:39:19 No more continuances.

13:39:20 >> Correct.

13:39:23 >>THOMAS SCOTT: All in favor signify by saying Aye.

13:39:25 Opposes?

13:39:26 Okay.

13:39:28 Anything else we need to deal with, Mr. Shelby?

13:39:30 >>MARTIN SHELBY: 92.

13:39:34 >>REBECCA KERT: Legal department.

13:39:41 On behalf of staff, this is the third time this has

13:39:43 been continued but there's been actually no activity on

13:39:46 behalf of the appellant.

13:39:48 They have not noticed one, nor have they supplied any

13:39:50 point.

13:39:51 We would ask it be withdrawn due to their inactivity.




13:39:57 >>THOMAS SCOTT: Anyone here from the public on this 92?

13:39:59 >>MARTIN SHELBY: Is the petitioner here?

13:40:00 I see spoke response, Mr. Chairman.

13:40:02 >>JOHN DINGFELDER: Move to deny on the basis of

13:40:07 inactivity since last year.

13:40:10 >>THOMAS SCOTT: Moved and seconded.

13:40:11 All in favor?

13:40:11 Opposes?

13:40:12 Any other items?

13:40:13 Okay.

13:40:13 If you are going to be addressing council today, please

13:40:16 stand and be sworn.

13:40:17 (Oath administered by Clerk)

13:40:25 >> Mr. Chairman, a reminder that items that have been

13:40:29 available for public inspection have been received and

13:40:31 filed into the record.

13:40:34 Another quick reminder, if there's been any ex parte

13:40:37 communications please disclose that prior to taking

13:40:40 action.

13:40:40 Thank you.

13:40:40 >>THOMAS SCOTT: Item 78.

13:40:43 >>BARBARA LYNCH: Land Development Coordination.




13:40:49 C-1008 is a vacating for an alley located just north of

13:40:53 downtown.

13:40:54 I have an aerial for the overhead.

13:40:56 >> We respectfully request a continuance.

13:41:05 We have some language issues that we have to work out

13:41:07 regarding the ordinance.

13:41:08 >>THOMAS SCOTT: Anyone here from the public wish to

13:41:10 address the continuance?

13:41:12 Okay.

13:41:13 Council?

13:41:14 >>GWEN MILLER: Watch day, Ms. Lynch?

13:41:19 30 days?

13:41:23 May 20th.

13:41:23 >>CHARLIE MIRANDA: I move to May 20th continuance.

13:41:27 >> Second.

13:41:28 >>THOMAS SCOTT: Seconded by Councilwoman Saul-Sena.

13:41:30 All in favor signify by saying Aye.

13:41:32 Opposes?

13:41:33 >>MARTIN SHELBY: 1:30?

13:41:35 Thank you.

13:41:36 >>THOMAS SCOTT: 1:30.

13:41:37 Item 81.




13:42:00 >>LaCHONE DOCK: Land Development Coordination.

13:42:02 Council, you may remember this petition was first heard

13:42:05 on January 21st, 2010.

13:42:09 The petition was opened and presented and was realized

13:42:15 during testimony that the petitioner had misnoticed and

13:42:17 left out an address in the notice.

13:42:19 So we are back before you today.

13:42:21 If you would like, I can certainly represent the case.

13:42:25 I have an aerial.

13:42:26 The property is zoned CG located at 1118 and 1120 West

13:42:32 Kennedy Boulevard and 106 south New Port Avenue,

13:42:36 petition V-10-52.

13:42:46 This is the site located here in yellow on Kennedy

13:42:50 boarded with New Port Avenue to the west, and Delaware

13:42:54 Avenue is located east of the site and the Crosstown

13:43:00 expressway to the south.

13:43:00 The area in blue is the area for alcohol.

13:43:06 And they are requesting a total of 2,637 square feet

13:43:09 for alcohol sales.

13:43:12 They require 26 spaces and 11 spaces are provided for

13:43:15 parking.

13:43:16 They have requested a waiver for the petition.




13:43:20 This is the location where the parking occurs which is

13:43:36 west.

13:43:39 That's the site there on Kennedy.

13:43:46 And, council, there are changes to be made between

13:43:48 first and second reading.

13:43:49 Staff found the petition inconsistent.

13:43:51 If those changes are made to the site plan in between

13:43:54 the first and second reading, we will amend the

13:43:57 determination and find the petition consistent.

13:43:58 >>JOHN DINGFELDER: Put that picture back up of the

13:44:05 actual project.

13:44:08 The one on the right.

13:44:09 >>LaCHONE DOCK: That's the side.

13:44:23 There's an alley that's on the side.

13:44:33 >>THOMAS SCOTT: Officer Miller.

13:44:39 >> Officer Don Miller, City of Tampa police department.

13:44:44 City of Tampa police department has no objections to

13:44:46 the special use 2 request.

13:44:47 >>THOMAS SCOTT: Petitioner?

13:44:54 >>STEVE MICHELINI: Council, this is the site.

13:44:59 This is the front view of the establishment.

13:45:03 And the request is a 4(COP-R).




13:45:07 It's on Kennedy Boulevard.

13:45:09 This is a view looking to the west.

13:45:14 This is a view across looking east toward downtown.

13:45:20 And we are respectfully requesting your approval for

13:45:25 4(COP-R), an established middle eastern restaurant.

13:45:30 As you know, we have had some issues regarding the

13:45:32 notice which has been perfected.

13:45:34 And I don't think we have any issues remaining.

13:45:38 We have made the corrections on the site plan so they

13:45:41 are now consistent with the City of Tampa's

13:45:43 recommendations.

13:45:45 We respectfully request your approval.

13:45:47 >>THOMAS SCOTT: Thank you.

13:45:49 Any questions by council?

13:45:51 Councilman Dingfelder.

13:45:52 >>JOHN DINGFELDER: What are the hours of operation.

13:45:54 Restaurant now?

13:45:55 >> What are the current hours?

13:46:02 I don't know.

13:46:03 What time do you close?

13:46:05 9:00.

13:46:06 Okay.




13:46:06 >>JOHN DINGFELDER: Are there any proposed or suggested

13:46:11 hours?

13:46:13 The reason I ask is there's a club further down Kennedy

13:46:22 toward Howard on the same side of the road, on the

13:46:28 south side of the road, and I don't know if they have

13:46:31 an "R" designation or not on that particular club but I

13:46:34 do know that they stay open really late like 2:00, 3:00

13:46:38 in the morning.

13:46:39 And I'm just not sure if that's the direction that the

13:46:44 city wants to go with Kennedy.

13:46:45 And I'm not suggesting that that's the plan of your

13:46:49 client.

13:46:50 But I think if the intent is to operate a restaurant

13:46:55 and nothing more, then I think we should suggest that

13:47:01 he self-impose some reasonable hours of operation so we

13:47:04 don't have another bar strip in this town.

13:47:07 >>STEVE MICHELINI: I think part of the difficulty is

13:47:11 you are very close to downtown, and you are in the

13:47:14 Kennedy overlay district, which is supposed to

13:47:16 encourage restaurants and other pedestrian-oriented

13:47:20 activities.

13:47:21 And I'm not -- it's a relatively small restaurant at




13:47:25 2600 square feet.

13:47:26 I don't think you are going to become a nightclub with

13:47:28 a restaurant.

13:47:29 It's not likely to happen.

13:47:30 >>JOHN DINGFELDER: I'm glad we are on the same page.

13:47:34 >>STEVE MICHELINI: But as we go forward, councilman,

13:47:36 if you start restricting the hours of restaurants that

13:47:39 serve people coming into the downtown, whether it's the

13:47:42 arts center or museums, then you have no place left to

13:47:45 go except to bars.

13:47:47 So I would respectfully request that you not put those

13:47:49 restrictions on a location that is typically utilized

13:47:53 and frequented by restauranteurs.

13:47:58 >>JOHN DINGFELDER: My other concern is the university.

13:48:00 I don't know if the university is chiming in on this or

13:48:02 not but it's not very far from the university.

13:48:04 And again, I just think that it's not unreasonable for

13:48:07 us to look at 10:00 on weekdays and midnight, you know,

13:48:14 October weekends or even one in the morning on

13:48:17 weekends.

13:48:18 I think that's a reasonable time for any close

13:48:24 restaurant.




13:48:25 >>LINDA SAUL-SENA: I just want to ask, isn't there a

13:48:29 two-story brick building that had a fire and was

13:48:32 rehabilitated?

13:48:35 >>STEVE MICHELINI: Restored, yes.

13:48:36 >> It's beautiful.

13:48:38 It's a real gift to the street.

13:48:40 I was strayed it was going to get torn down after the

13:48:42 fire and they did a really nice job on the structure.

13:48:45 >>STEVE MICHELINI: This property owner spent a lot of

13:48:47 money restoring a building which obviously could have

13:48:49 been torn down, and he tried to make it into a nice

13:48:52 place.

13:48:52 It has a very comfortable and homey atmosphere.

13:48:55 This is not a nightcluby type of restaurant at all.

13:48:57 >>THOMAS SCOTT: Councilman Miranda.

13:49:03 >>CHARLIE MIRANDA: Well, I did it this morning.

13:49:12 I am going to do it again now.

13:49:14 Over my objection, and objections of one or two other

13:49:17 council members, this council changed because they

13:49:22 wanted restaurants to have the right to stay open till

13:49:26 3:00 according to state law.

13:49:29 I'm not crazy.




13:49:31 It happened right here a year ago.

13:49:33 Now we, the same ones, are telling you, you know what?

13:49:36 What we changed we don't want you to do.

13:49:38 I'm not saying you're right or wrong or you're right or

13:49:41 wrong or any of us are right or wrong.

13:49:43 But I challenge the record that's on this council when

13:49:48 that passed, and I believe it passed 4-3, or 5-2.

13:49:53 I, for one, said it was the right of us, the elected

13:49:58 officials, to have the right, depending on where the

13:50:03 locations were and how close in proximity they were to

13:50:07 residential properties and so forth and so on to govern

13:50:11 those things.

13:50:14 I don't know how many people eat at 1:00 in the

13:50:17 morning.

13:50:21 Maybe there's a lot more than what I think.

13:50:27 When I was in the restaurant business, I closed the

13:50:29 front door.

13:50:30 The bar also closed.

13:50:32 And I had a very successful -- for that restaurant.

13:50:40 So we can't have it both ends.

13:50:45 The Cuban loaf can't be eaten from the middle and

13:50:49 expect the ends to stay solid.




13:50:52 They'll fall apart.

13:50:54 We are either going to revisit ourselves or stop this

13:50:56 nonsense of so many, how much, when and where.

13:51:01 See, I'm not a very good politician.

13:51:04 But I have a very good memory.

13:51:08 So I don't like restaurants staying open, not because

13:51:13 of me, because they'll serve alcohol in the evening

13:51:18 hours, wee hours of the morning, 1:00 and 2:00 and very

13:51:22 little food.

13:51:25 So I'm not embarrassed to say what we did, because we

13:51:28 did it.

13:51:33 Are we trying to undo what we did?

13:51:35 Do you remember the vote, counselor?

13:51:37 Do you remember there was a vote taken?

13:51:46 >>JOHN DINGFELDER: I don't remember my vote.

13:51:52 >>REBECCA KERT: I'm sorry, I'm not aware of changes to

13:51:54 the hours of operation since I have been here.

13:51:56 >> What I am going to do, I am going to find it between

13:51:59 now and the next council meeting where we voted to

13:52:03 change -- and I said then, and I remember the quote --

13:52:07 we automatically made 2500 restaurants bars.

13:52:11 >>REBECCA KERT: I can tell you that in 2003 council




13:52:17 changed the ordinance three times, but I'm not familiar

13:52:19 with what those changes were.

13:52:22 >> This was no later than 2008.

13:52:25 More likely in 2009.

13:52:30 >>THOMAS SCOTT: Any other questions by council?

13:52:37 >> I just want to know what the hours of operation are

13:52:39 going to be.

13:52:40 >> The owner has asked for 11:00 from Sunday through

13:52:44 Thursday and then -- Sunday through Wednesday, and then

13:52:48 Thursday, Friday and Saturday until 1 a.m.

13:52:50 >>JOHN DINGFELDER: That's good.

13:52:57 Thank you.

13:52:57 >>THOMAS SCOTT: Thank you, sir.

13:53:03 Anyone from the public that wishes to address this

13:53:05 petition may come forward at this time.

13:53:07 Anyone that wishes to address this petition, please

13:53:09 come forward.

13:53:09 >> My name is Amy Lutz, 1109 isle Marada lane.

13:53:19 This was unlawful -- this was taken out of my window.

13:53:26 So unfortunately I am in very close proximity, and I am

13:53:30 sorry where I picked to live but that's a different

13:53:33 story.




13:53:33 But my issues are the noise issues.

13:53:35 I still believe that the curfew they are asking is

13:53:38 extremely too late.

13:53:39 There are children that live in some of these units.

13:53:44 The walls are paper thin, which is no fault of anyone.

13:53:47 But the noise carries.

13:53:50 I would propose like a curfew of six months or

13:53:52 probationary period of six months, see how many

13:53:55 complaints there are, see what the activity is, and

13:53:57 then at the expiration of six months go another six

13:54:01 months.

13:54:01 My thinking is, if it's going to take him six months to

13:54:04 get his clientele up, we won't know the full gist of it

13:54:07 until maybe November or December until everybody gets

13:54:09 the word out.

13:54:10 The UT students, they are going to be away for the

13:54:13 summer.

13:54:14 When they get back they'll have a place to go.

13:54:16 The other issue is the parking.

13:54:18 Both the streets are full already without the

13:54:21 establishment.

13:54:22 We already heard that he's under parking spaces.




13:54:25 I believe the required is 26.

13:54:26 He has 11.

13:54:27 I don't know if we can reopen parking on both sides of

13:54:31 both New Port and Delaware to enable parking because

13:54:34 that was taken away.

13:54:36 We now, the residents have, to park two streets over

13:54:39 and walk at night to our own residences within this

13:54:42 addition parking.

13:54:43 It's going to be terrible.

13:54:45 And then the other thing I need, which is probably

13:54:48 going to frustrate him is I need clarification why this

13:54:52 park here is included on the application if they are

13:54:55 stating that the liquor the alcohol is only going to be

13:54:58 contained in that building, because that is an outdoor

13:55:00 patio that looks remarkably beautiful.

13:55:06 Unless they are going to utilize that for people out

13:55:09 there laughing, talking, making noise, I don't know why

13:55:12 it's been included in the application because they are

13:55:14 stating the application for the liquor, the bar, for

13:55:16 the alcohol, excuse me, is only 1118, I believe, the

13:55:20 orange building.

13:55:21 So I just need clarification on that.




13:55:23 But I would highly recommend and request or pray for a

13:55:28 probationary period so that we can revisit it.

13:55:31 That's all I have.

13:55:32 >>THOMAS SCOTT: Thank you.

13:55:33 >>LINDA SAUL-SENA: Thank you.

13:55:36 Ma'am, I had a question about the parking issues.

13:55:40 You live in the condos or townhouses?

13:55:42 >> Townhouses.

13:55:43 >> To the south of that.

13:55:44 Were they built with one or two parking spaces per

13:55:46 unit?

13:55:48 >> We have garages.

13:55:49 They are pretty much 1.50 garage.

13:55:54 I own two vehicles, an SUV and Toyota Avalon.

13:55:58 I cannot get both vehicles in my garage.

13:56:00 So you put one in the garage, one vehicle on the

13:56:02 street.

13:56:02 Unfortunately, these units are three-bedroom units.

13:56:05 You have three UT students living there.

13:56:07 Most of them don't use their garage.

13:56:09 They use it as a study area.

13:56:11 So there's no cars in the garage.




13:56:13 So that's three cars for one unit on the street and

13:56:17 again it's just a situation, you know.

13:56:19 But it's a situation.

13:56:20 When we moved in there, parking was allowed on both

13:56:23 sides, and the city came through and put signs up

13:56:26 regulating it only to one side.

13:56:29 So I don't know if they can redo that.

13:56:32 Or another suggestion may be to pave and make the lines

13:56:35 in downtown to a lot, because they'll park and leave a

13:56:39 half a car length in between, and stuff like that.

13:56:42 I don't know if the city can help in that area.

13:56:44 >>LINDA SAUL-SENA: Maybe do angled parking or

13:56:47 something?

13:56:47 >> I don't think those streets are wide enough.

13:56:49 >> Is there anyone else wishing to address council?

13:56:52 Please come forward if you are going to address this

13:56:54 petition.

13:56:55 Now is your time to come forward, line up on the wall,

13:56:58 stand up on the wall, sit on the walls, as long as you

13:57:01 come so that we know that you are going to address this

13:57:03 petition.

13:57:04 >> Arnell Digletty. I am a resident of Newport town




13:57:04 homes on the Newport side on the other side of where

13:57:13 she lives.

13:57:14 But I had spoken to you last time on behalf of the

13:57:17 proprietor.

13:57:18 He has brought value to our neighborhood.

13:57:20 And just like the American way, you want to have your

13:57:25 establishment.

13:57:28 I have eaten at this establishment many times.

13:57:30 It's a fine dining establishment and it's not going to

13:57:33 be a nightclub.

13:57:35 It makes me feel good that the neighbor has taken time

13:57:39 out from his funds to make it beautiful.

13:57:44 I think we should just give him a shot to let him be a

13:57:48 restaurant proprietor.

13:57:50 I mean, I am not going to his restaurant to get

13:57:52 intoxicated.

13:57:53 I am going there to have a nice meal, to bring my wife,

13:57:57 my daughter, and if I want to have a cocktail during

13:58:01 that time, I would like to have the right to do so.

13:58:04 And by us listening to the arguments for and against,

13:58:09 this is not going to be one of those drinking

13:58:11 establishments.




13:58:11 It's more of a fine dining establishment that you

13:58:15 accentuate the alcohol so you have a nice dining

13:58:19 experience.

13:58:20 As his neighbor, I'm in favor of it.

13:58:23 I walk my dog every night by his restaurant.

13:58:26 And I see what kind of traffic he has.

13:58:28 So granted there's not a lot of traffic right now.

13:58:33 Maybe that will pick up.

13:58:34 But if we don't grant him that possibility, he will

13:58:40 never know whether his investment is actualized or not.

13:58:43 As his neighbor, I want to see him succeed.

13:58:45 >>THOMAS SCOTT: Thank you, sir.

13:58:48 >>CHARLIE MIRANDA: Mr. Chairman, if I may.

13:58:50 When you go from a 2(COP-R), without an R, without

13:58:56 restrictions, into an R, 4(COP-R), that means you have

13:59:00 to have restrictions, you can only sell 49% of

13:59:04 something other than food, alcohol.

13:59:08 I don't think it will ever be a bar.

13:59:10 Because if it is, they have to close down.

13:59:12 The state will come and close you down.

13:59:14 And once a year you have got to report to the city.

13:59:17 I want to put that on the record to be fair with




13:59:19 everything.

13:59:19 Am I correct, Mr. Michelini?

13:59:21 >>STEVE MICHELINI: Yes, sir.

13:59:22 51% food to 49% alcohol.

13:59:25 That's a state and city requirement.

13:59:27 >>THOMAS SCOTT: Thank you, sir.

13:59:29 >>GWEN MILLER: Move to close.

13:59:34 >>LINDA SAUL-SENA: Second.

13:59:35 >>THOMAS SCOTT: Motion and second.

13:59:36 All in favor say Aye.

13:59:39 What's the pleasure of council?

13:59:45 Councilman Dingfelder.

13:59:46 >>JOHN DINGFELDER: Quick clarification from staff.

13:59:51 The young lady asked a question about the outside area

14:00:03 where is the inside area, and just so the record is

14:00:06 clear -- and I want to make sure the site plan is

14:00:08 clear -- the only drinking allowed is inside?

14:00:11 >>LaCHONE DOCK: Let me put the site plan up if I may.

14:00:18 >>THOMAS SCOTT: Do we need to reopen again?

14:00:21 >>JOHN DINGFELDER: I'm sorry.

14:00:22 I'll need two seconds.

14:00:25 >>THOMAS SCOTT: All in favor say Aye.




14:00:26 >>LaCHONE DOCK: The area that is shaded is the area of

14:00:32 the.

14:00:36 The area of the small outdoor area, this is vacant.

14:00:38 This is the area she's referring to.

14:00:41 Where I believe she is located.

14:00:44 She's further on this end.

14:00:47 There's like a grass area.

14:00:48 And then this is the building itself.

14:00:50 >>JOHN DINGFELDER: So there's a small patio area?

14:00:54 >>LaCHONE DOCK: A small patio area.

14:00:59 Within the application itself, the legal description

14:01:00 has been approved.

14:01:02 The sales would have to be contained within those

14:01:04 areas.

14:01:06 The sale of alcoholic beverages.

14:01:09 >>JOHN DINGFELDER: Inside?

14:01:10 >>LINDA SAUL-SENA: No.

14:01:11 It says 535 square foot outdoor area.

14:01:14 >>LaCHONE DOCK: Within this entire shaded area, the

14:01:16 outdoor plus the indoor.

14:01:18 Not in this grassy area here.

14:01:24 >>JOHN DINGFELDER: Thank you.




14:01:25 >>CHARLIE MIRANDA: I just want to make sure that what

14:01:27 I am seeing is 125.50 feet is that lengthwise from one

14:01:33 street to the other street, and in other words if I cut

14:01:36 that in half I imagine it would be --

14:01:39 >>> Yes, this is the entire length.

14:01:40 The 126.95 feet --

14:01:47 >>CHARLIE MIRANDA: Okay.

14:01:49 Thank you very much.

14:01:50 >>THOMAS SCOTT: Anything else by council?

14:01:51 Motion to close?

14:01:52 >> So moved.

14:01:53 >> Second.

14:01:53 (Motion carried).

14:01:54 >>THOMAS SCOTT: Councilman Dingfelder.

14:01:55 >>JOHN DINGFELDER: Well, actually, I don't think we

14:01:59 had hours on here.

14:02:01 >>LINDA SAUL-SENA: You have to say it.

14:02:07 >>REBECCA KERT: The hours of operation, if they are

14:02:11 going to be part of the approval, would be put on the

14:02:14 site plan between first and second reading.

14:02:16 >>JOHN DINGFELDER: I can read this.

14:02:18 >>THOMAS SCOTT: With also the other corrections,




14:02:20 councilman.

14:02:22 >>JOHN DINGFELDER: I'll move the following ordinance

14:02:24 for approval including the staff recommendations as

14:02:29 printed on the one-page sheet, in addition to

14:02:35 limitation of hours of operation to 10 p.m. --

14:02:41 >> 11.

14:02:42 >>JOHN DINGFELDER: 11 p.m., Sunday through Wednesday,

14:02:45 and Thursday, Friday, Saturday, 1:00 a.m.

14:02:50 And that will be put on the site plan between first and

14:02:53 second reading.

14:02:53 I'll move an ordinance an proving a special using

14:02:56 permit S-2 for alcoholic beverage sales small venue

14:02:58 making lawful the sale of beverages containing alcohol

14:03:01 regardless of alcoholic content beer, wine and liquor

14:03:04 4(COP-R) for consumption on premises only in connection

14:03:07 with a restaurant business establishment at or from

14:03:11 that lot plot or tract of land located at 1158 and 1120

14:03:15 West Kennedy Boulevard and 106 south New Port Avenue,

14:03:21 Tampa, Florida, providing for repeal of all ordinances

14:03:26 in conflict, providing an effective date.

14:03:27 >>THOMAS SCOTT: Ma'am, you can't --

14:03:32 >>JOHN DINGFELDER: You can come back at second




14:03:33 reading.

14:03:34 >>LINDA SAUL-SENA: Second.

14:03:37 >>THOMAS SCOTT: Moved and seconded.

14:03:38 All in favor signify by saying Aye.

14:03:40 Opposes?

14:03:41 >>THE CLERK: Motion carried with Mulhern being absent

14:03:44 and second reading and adoption will be on May 6th,

14:03:47 2010 at 9:30.

14:03:48 >>THOMAS SCOTT: May 6, ma'am.

14:03:54 9 a.m. in the morning.

14:03:55 >>LINDA SAUL-SENA: I would like to request that

14:03:58 transportation take a look at reestablishing on-street

14:04:00 parking on New Port.

14:04:03 >>THOMAS SCOTT: Okay, ma'am, you have to come to the

14:04:07 mike.

14:04:07 You can't just holler from the audience, all right?

14:04:10 >> It would be Delaware, the one that would impact me.

14:04:15 >>LINDA SAUL-SENA: What I would like to do is request

14:04:16 bee get a report back in 30 days from transportation

14:04:19 about the possibility of reestablishing parking on New

14:04:22 Port, Delaware, and striping to indicate specific spots

14:04:26 to accommodate additional vehicles.




14:04:27 >>> I would like to explain to you why they -- it's

14:04:33 from the fire department.

14:04:34 The streets aren't wide enough.

14:04:35 So it saves the city some revenue.

14:04:38 >> okay.

14:04:40 Moved and seconded.

14:04:41 All in favor signify by saying Aye.

14:04:44 All in favor say Aye.

14:04:46 Opposes?

14:04:46 >>CHARLIE MIRANDA: Passes by one Aye.

14:04:53 [ Laughter ]

14:05:03 >>THOMAS SCOTT: Item 84.

14:05:05 >>LaCHONE DOCK: Land Development Coordination.

14:05:30 I have been sworn.

14:05:30 The next item on the agenda single-family V-10-141 for

14:05:34 property located at 11616 north Nebraska Avenue.

14:05:37 The property is currently zoned CI commercial

14:05:39 intensive.

14:05:40 The proposed special use is for alcoholic beverage

14:05:43 sales, 2(APS), which allows for the sale of beverages

14:05:46 in package form only for consumption off premises.

14:05:49 The proposed use is retail sales convenience goods.




14:05:54 This is a newly constructed building, will contain

14:05:58 3,000 square feet, of a 7-Eleven store and 1400 square

14:06:03 feet for retail.

14:06:04 The area under the request is 3,000 square feet.

14:06:07 Total of 18 parking spaces are required.

14:06:10 And 21 spaces are being provided.

14:06:16 This is an aerial of the site.

14:06:19 This is the site located here in yellow on Fowler.

14:06:24 Nebraska Avenue is bordering the site along the east.

14:06:27 The interstate, 275 is along the west of the site.

14:06:32 At the time of the aerial, the building wasn't

14:06:34 constructed because it is a new construction.

14:06:36 For the outline in green, it's the building outline.

14:06:39 The building in blue is proposed alcohol sales.

14:06:44 I have pictures of the site.

14:06:50 That's the view of the site on Fowler.

14:06:54 The north side.

14:06:56 The south side of the building.

14:07:01 Another view on the south.

14:07:06 That's west where parking would occur.

14:07:08 And that's the east side, the view on Nebraska.

14:07:15 The development review committee has reviewed the




14:07:17 petition and finds it inconsistent with the applicable

14:07:19 City of Tampa land development regulations.

14:07:21 However, if the requested changes are made between

14:07:24 first and second reading, the development review

14:07:26 committee will amend its determination and find the

14:07:28 petition consistent.

14:07:30 There are three changes that we are requesting to be

14:07:32 made to the site plan between first and second reading

14:07:36 and I would like to read those into the record, please.

14:07:38 One change is to identify and label the property line

14:07:41 to the west and the south.

14:07:43 Second change is in the site data table, amend the

14:07:46 building setbacks for the west and south.

14:07:48 And the third change is to remove waiver number one on

14:07:51 the site plan.

14:07:52 And the petitioner does agree to make these changes

14:07:55 between first and second reading.

14:07:58 That concludes staff's presentation.

14:07:59 I'm available if you have any questions.

14:08:00 >> Officer Don Miller, City of Tampa police department.

14:08:08 City of Tampa police department has no objection to

14:08:10 this petition.




14:08:11 >> My name is Susan young.

14:08:26 First of all, I want to thank you for allowing us to

14:08:29 come before the council today to request beer and wine

14:08:33 sales at our future 7-Eleven located at 11616 north

14:08:38 Nebraska Avenue.

14:08:42 >>THOMAS SCOTT: Is anyone here in opposition to this

14:08:44 petition?

14:08:45 Is anybody here want to speak in opposition?

14:08:49 I'm sorry.

14:08:53 All in favor indicate by saying Aye.

14:08:55 Opposed?

14:08:56 Mr. Miranda?

14:08:58 >>CHARLIE MIRANDA: Remember, you paid to be here, or

14:09:00 you have the light right to speak.

14:09:03 Move an ordinance approving a special using permit SU

14:09:06 for alcohol beverage zoning small venue making lawful

14:09:08 the sale of beverages by not more than 1% by weights

14:09:12 not more than 14% by weight and wine regardless of

14:09:17 alcohol content beer and wine 2(APS) in sealed

14:09:21 containers for consumption off premises only at or from

14:09:23 a certain lot, plot or tract of land located at 11616

14:09:27 north Nebraska Avenue, Tampa, Florida and more




14:09:29 particularly described in section 1 and section 2

14:09:34 therefore providing for repeal of all ordinances in

14:09:36 conflict providing an effective date.

14:09:37 >>THOMAS SCOTT: Seconded by councilman Dingfelder.

14:09:39 All in favor signify by saying Aye.

14:09:41 Opposes?

14:09:42 >>THE CLERK: Motion carried with Mulhern being absent.

14:09:45 Second reading and adoption will be may 6th, 2010,

14:09:50 9:30.

14:09:51 >>THOMAS SCOTT: Item 85.

14:09:55 Item 85.

14:10:18 >> I can't help but observe that our zonings have

14:10:23 slowed tremendously and our alcohol -- [ Laughter ]

14:10:29 Perhaps the state of our society right now.

14:10:30 >>LaCHONE DOCK: Land Development Coordination.

14:10:34 I have been sworn.

14:10:35 The next item on the agenda is petition V-10-144 for

14:10:40 property located at 17511 Bruce B. Downs Boulevard.

14:10:43 The property is currently zoned PDA planned

14:10:45 developmental alternative with a variety of mixed uses

14:10:49 allowed.

14:10:50 The proposed special use is alcoholic beverage sales




14:10:53 2(APS) which allows for the sale of beverages in

14:10:55 package form already for consumption off premises.

14:10:59 This is an existing Walgreen's site requesting the

14:11:02 special use.

14:11:04 Site contains 1.8 acres.

14:11:06 The area under the request is 13,837 square feet.

14:11:10 A total of 55 parking spaces are required and 71 spaces

14:11:14 are being provided.

14:11:18 And I have an aerial of the site.

14:11:23 This is the site here in yellow, along Bruce B. Downs

14:11:26 Boulevard.

14:11:28 North palms village place is located southeast of the

14:11:31 site.

14:11:32 Donna Michelle drive is located southwest of the site.

14:11:34 The area in blue is the area of proposed sales.

14:11:41 This is a picture of the site.

14:11:42 That's from Donna Michelle.

14:11:48 That's the northwest view of the site.

14:11:53 Southeast.

14:11:56 And that's the view from the south west.

14:12:00 The development review committee has reviewed the

14:12:02 petition and finds it consistent with applicable City




14:12:04 of Tampa land development regulations.

14:12:07 That concludes staff's presentation.

14:12:08 I'm available if you have any questions.

14:12:11 >>THOMAS SCOTT: Any questions by council?

14:12:12 Officer Miller.

14:12:17 Okay.

14:12:18 All cell phones must be silent or turned off, please.

14:12:21 All cell phones.

14:12:22 >> Officer Don Miller, City of Tampa police department.

14:12:28 City of Tampa police department has no objections to

14:12:30 this petition.

14:12:31 >>THOMAS SCOTT: Thank you.

14:12:33 Petitioner?

14:12:37 >> Grace Yang, 201 north Franklin street, suite 2200

14:12:42 Tampa.

14:12:42 I have been sworn and I am the agent for the

14:12:44 petitioner.

14:12:45 As Ms. Dock explained this be is for an existing

14:12:48 Walgreen's pharmacy.

14:12:49 >>THOMAS SCOTT: Okay.

14:12:50 All right.

14:12:50 Anyone here in opposition to this petition?




14:12:53 Anyone here in opposition?

14:12:55 >>CHARLIE MIRANDA: Move to close.

14:12:56 >>LINDA SAUL-SENA: Wait, I have a quick question.

14:12:58 We couldn't help but notice you have three petitions on

14:13:01 today's agenda.

14:13:02 Maybe it's not you but Walgreen's.

14:13:04 Are you all changing like the interior layout so that

14:13:07 you do liquor sales inside regular Walgreen's?

14:13:11 >> Grace Yang: No, no.

14:13:12 The three petitions for Walgreen's that I am presenting

14:13:14 today are for existing Walgreen's pharmacy stores.

14:13:17 What they would like to do is take about 2% of the

14:13:20 overall square footage inside the existing store to

14:13:22 have for beer and wine sales.

14:13:24 >> So it's an interior reconfiguration?

14:13:28 >> Well, there might not be very much reconfiguration

14:13:32 to be done.

14:13:33 Of what they probably do is take some existing store

14:13:35 shelf space where they currently have other items for

14:13:39 sale, and they'll use some of that shelf space for

14:13:42 six-packs and 12-packs or beer, some on the aisle and

14:13:47 ends of the aisle.




14:13:47 They might try to move some product out of the existing

14:13:50 coolers where they have soda, water -- soft drink and

14:13:57 milk and try to use some of that space for cold beer.

14:14:03 Ding.

14:14:04 >>JOHN DINGFELDER: How about the pharmaceutical

14:14:06 drive-through?

14:14:07 Can you get the beer and wine there?

14:14:08 >> No, sir.

14:14:09 They will have to physically go inside the store to get

14:14:12 the beer an wine.

14:14:13 >>THOMAS SCOTT: So moved to close.

14:14:16 All in favor?

14:14:19 Councilman Caetano?

14:14:21 >>JOSEPH P. CAETANO: They have a very small self area,

14:14:28 this one down the road.

14:14:30 >>THOMAS SCOTT: Turn your mike on.

14:14:41 >>JOSEPH P. CAETANO: An ordinance approving a special

14:14:42 use permit S-2 for alcoholic beverage sales, small

14:14:45 venue making lawful the sale of beverage containing

14:14:48 alcohol of more than 1% by weight and not more than 14%

14:14:51 by weight and wines regardless of alcohol, beer and

14:14:55 wine, 2(APS), in sealed containers for consumption off




14:14:59 premises only at or from that certain lot, plot or

14:15:05 tract of land located at 17511 Bruce B. Downs

14:15:09 Boulevard, Tampa, Florida as more particularly

14:15:11 described in section 2 hereof providing for repeal of

14:15:15 all ordinances in conflict, providing an effective

14:15:16 date.

14:15:20 Be? Second.

14:15:21 >>THOMAS SCOTT: Seconded by councilman Miranda.

14:15:23 All in favor signify by saying Aye.

14:15:26 Opposes?

14:15:26 >>THE CLERK: Motion carried with Mulhern being absent.

14:15:30 Second reading and adoption will be held on May

14:15:32 6th, 2010 at 9:30 a.m.

14:15:38 >>THOMAS SCOTT: Item 86.

14:16:09 >>LaCHONE DOCK: Land Development Coordination.

14:16:11 And I have been sworn.

14:16:12 The next item on the agenda is petition V-10-146, for

14:16:15 the property located at 5396 primrose lake circle.

14:16:20 The property is currently zoned PDA planned

14:16:22 developmental alternative, which allows for a mix of

14:16:25 uses.

14:16:25 The proposed special use is alcoholic beverage sales




14:16:28 2(COP) which allows for the sale of alcoholic beverages

14:16:31 for consumption on the premises and in sealed

14:16:35 containers for consumption off premises.

14:16:36 This is a proposed -- was a new construction, a spring

14:16:42 hills suite hotel which contains five stories.

14:16:44 The total area under the request is 78,521 square feet

14:16:49 which includes all five floors of the hotel, and 2,337

14:16:54 square feet of that is outdoor area.

14:16:56 Total of 141 parking spaces are required and 141 spaces

14:17:01 are being provided.

14:17:05 And I have an aerial of the site.

14:17:09 And this is the site located here in yellow.

14:17:12 Primrose lake circle is west of the site.

14:17:15 And then the interstate I-75 bordering the site to the

14:17:19 east.

14:17:24 That's a picture of the site.

14:17:25 That's the west side of the site.

14:17:27 From primrose lake circle.

14:17:31 That is the entrance to the site, the north side of the

14:17:34 site.

14:17:36 Another view of the site.

14:17:39 And that's the east side.




14:17:42 The development review committee has reviewed the

14:17:44 petition and finds it consistent with applicable City

14:17:47 of Tampa land development regulations.

14:17:49 This concludes staff's presentation.

14:17:51 I'm available if you have any questions.

14:17:52 >>THOMAS SCOTT: Any questions by council?

14:18:00 Officer Miller?

14:18:01 >> Officer Miller, City of Tampa police department.

14:18:05 We have no objections.

14:18:05 >>THOMAS SCOTT: Questions by council?

14:18:11 Petitioner?

14:18:11 >> Grace Yang, 201 North Franklin Street, suite 2200,

14:18:19 agent for the petitioner, I have been sworn.

14:18:21 This spring hills suite hotel opened just about a month

14:18:24 ago and we respectfully request approval for beer and

14:18:26 wine.

14:18:27 >>THOMAS SCOTT: Anyone from the public in opposition

14:18:28 to this petition?

14:18:29 Anyone in the public in opposition?

14:18:33 >>JOHN DINGFELDER: Move to close.

14:18:34 >> Second.

14:18:35 >>THOMAS SCOTT: All in favor signify by saying Aye.




14:18:37 Councilwoman Miller?

14:18:38 >>GWEN MILLER: An ordinance approving a special use

14:18:46 permit S-2 for alcohol beverages sales, large venue,

14:18:51 and making lawful the sale of beverages of alcohol more

14:18:51 than 1% by weight and not more than 14% by weight and

14:18:56 wines regardless of alcoholic content beer and wine

14:19:00 2(COP) for consumption on premises in a sealed

14:19:05 container, for consumption off premises in or from that

14:19:08 certain lot, plot or tract of land located at 5396

14:19:13 primrose lake circle, Tampa, Florida as more

14:19:16 particularly described in section 2 hereof providing

14:19:19 for repeal of all ordinances in conflict, providing an

14:19:21 effective date.

14:19:21 >>THOMAS SCOTT: Seconded by councilman Miranda.

14:19:25 All in favor signify by saying Aye.

14:19:27 Opposes?

14:19:28 >>THE CLERK: Motion carried, Mulhern being absent.

14:19:31 Second reading and adoption will be held on May

14:19:33 6th, 2010 at 9:30 a.m.

14:19:36 >>THOMAS SCOTT: What I would like to do, I know 87 and

14:19:39 88 are controversial.

14:19:40 What I would like to do is look at 89 and 90 real




14:19:44 quick. If we don't have opposition we can dispose of

14:19:47 those pretty quickly and come back to 87 and 88.

14:19:50 So 89, do we have any opposition to number 89?

14:19:54 Item 89?

14:19:57 What about item 90?

14:19:59 Item 90?

14:20:01 Okay.

14:20:01 Bring item 90.

14:20:03 Let's do item 90.

14:20:12 Then we'll take up 89 because we have one person to

14:20:15 speak on that.

14:20:28 >>LaCHONE DOCK: Land Development Coordination.

14:20:30 I have been sworn.

14:20:30 The next item on the agenda is petition V-10, 151 for

14:20:34 the property located at 2199 west Busch Boulevard.

14:20:38 The property is currently zoned PG commercial general.

14:20:40 The proposed special use is for alcoholic beverage

14:20:43 sales 2(APS), allows for the sale of beverages in

14:20:47 package form only for consumption off premises.

14:20:50 This is an existing Walgreen's.

14:20:52 The area under this request is 12,447 square feet.

14:20:56 A total of 50 parking spaces are required and 46 spaces




14:21:00 are being provided.

14:21:03 And this is the aerial of the site.

14:21:07 This is the site located here in yellow.

14:21:10 With Armenia bordering the site to the west, Busch

14:21:13 Boulevard south of the site, rambler street is just

14:21:16 north.

14:21:17 The area in blue is the area proposed.

14:21:21 A couple of pictures of the site.

14:21:26 This is the south side of the site.

14:21:28 Entrance on Busch.

14:21:30 Another view of the south.

14:21:32 That's the north side of the site.

14:21:42 This is on the east.

14:21:43 And this is along the west.

14:21:47 The development review committee has reviewed the

14:21:49 petition and finds it consistent with applicable City

14:21:51 of Tampa land development regulations.

14:21:53 This concludes my presentation.

14:21:55 If you have any questions.

14:21:56 >>THOMAS SCOTT: Any questions by council?

14:21:57 Any questions?

14:21:58 Officer Miller?




14:21:59 >> Officer Miller, City of Tampa police department.

14:22:03 We have no objections.

14:22:04 >>THOMAS SCOTT: Any questions, council?

14:22:06 Petitioner?

14:22:07 >> Grace Yang, agent for the petitioner.

14:22:13 This is again for an existing Walgreen's.

14:22:15 I did hear from Norbert Holtz, the president of the

14:22:21 civic association, and they said they had no

14:22:24 objections.

14:22:25 >>THOMAS SCOTT: Does anyone from the public wish to

14:22:27 address council?

14:22:29 >> Move to close.

14:22:30 >> Second.

14:22:33 >>THOMAS SCOTT: All in favor?

14:22:34 Opposes?

14:22:35 Mr. Miranda?

14:22:35 >>CHARLIE MIRANDA: Move an ordinance approving a

14:22:40 special using permit S-U for alcoholic sales small

14:22:44 venue making lawful the sale of beverages containing

14:22:46 alcohol of more than 1% by weight and not more than 14%

14:22:50 by weight and wines regardless of alcohol content beer

14:22:54 and wine 2(APS) in sealed containers for consumption




14:22:57 off premises only at or from that certain lot, plot or

14:23:01 tract of land located at 2199 west Busch Boulevard,

14:23:06 Tampa, Florida, as more particularly described in

14:23:08 section 2 therefore, providing for repeal of all

14:23:13 ordinance in conflict, providing an effective date.

14:23:15 >>THOMAS SCOTT: Seconded by councilman Dingfelder.

14:23:16 All in favor signify by saying Aye.

14:23:18 >>THE CLERK: Motion carried with Mulhern being absent

14:23:23 at vote and second reading and adoption will be held on

14:23:25 May 6th, 2010 at 9:30 a.m.

14:23:28 >>THOMAS SCOTT: Item 89.

14:23:29 This is Walgreen day.

14:23:33 Item 89.

14:24:03 >>LaCHONE DOCK: Land Development Coordination.

14:24:04 I have been sworn.

14:24:05 Next is V 10-150, property at 3518 Hester Sonde

14:24:12 Boulevard, CG general.

14:24:15 Alcoholic beverage in package form only for consumption

14:24:19 off premises.

14:24:19 This is another Walgreen's site and contains 437,472

14:24:26 square feet.

14:24:26 The area under the request is 12,548 square feet.




14:24:30 The total of 50 parking spaces are required and 46

14:24:32 spaces are being provided.

14:24:38 This is an aerial of the site.

14:24:40 This is the site located here in yellow.

14:24:43 Henderson Boulevard runs along the west of the site.

14:24:45 Swann Avenue is south of the site.

14:24:48 DeLeon is north.

14:24:51 Lynn Avenue is located east.

14:24:52 The area in blue is the area for proposed sale.

14:24:57 And I have pictures of the site.

14:25:01 This is a view of the site.

14:25:03 The entrance on Henderson.

14:25:06 A view of the south side of the site.

14:25:11 The parking located on the south and another view.

14:25:20 Land development review committee finds it inconsistent

14:25:22 with applicable City of Tampa land development

14:25:24 regulations.

14:25:25 However, if the requested changes have been made

14:25:28 between first and second reading the development review

14:25:30 committee will amend its determination and finds it

14:25:35 consistent.

14:25:35 There are two changes we are requesting to be made to




14:25:37 the site plan between first and second reading.

14:25:40 I would like to read those into the record if I may.

14:25:43 The first change is parking required in the site data

14:25:47 table should be changed from NA to 50.

14:25:50 The T second change requested is the parking

14:25:52 calculations need to be within the site data table.

14:25:56 Those are the two changes requested.

14:25:58 That concludes staff's presentation.

14:25:59 I'm available if you have any questions.

14:26:01 >>THOMAS SCOTT: Question by council?

14:26:04 Officer Miller?

14:26:05 >> Officer Miller, City of Tampa police department.

14:26:11 We have no objections.

14:26:12 >>THOMAS SCOTT: Petitioner?

14:26:13 >> Grace Yang, authorized agent for Walgreen company.

14:26:18 In the past week, I learned that the Gulf view civic

14:26:22 and garden association had concerns blood pressure this

14:26:24 particular petition.

14:26:26 On Saturday, April 10th, I met with Brenda Koran,

14:26:31 the president and pat Torres, of Gulf view civic

14:26:37 association.

14:26:37 Because this petition does require, because it does




14:26:43 require some direction on the site plan which

14:26:44 Walgreen's will make between first and second reading

14:26:47 per staff's request, we would like to request a 30-day

14:26:51 continuance if council willing to grant it so that we

14:26:53 can try to have further discussions with the Gulf view

14:26:56 civic association and try to address their concerns in

14:26:59 the next 30 days.

14:27:00 >>THOMAS SCOTT: Would anyone else like to address the

14:27:09 continuance?

14:27:09 Come forward and state your name and address.

14:27:11 >> My name is pat Torres, 942 south Sterling Avenue,

14:27:16 and I have not been sworn yet.

14:27:18 I didn't get here early enough.

14:27:23 >>THOMAS SCOTT: Anyone else needs to be sworn?

14:27:26 Stand and be sworn.

14:27:27 (Oath administered by Clerk)

14:27:28 >> We were opposed to the situation.

14:27:35 I have no idea what she wants to propose at this point.

14:27:38 But I know someone with Walgreen's wanted to meet with

14:27:43 us.

14:27:43 I have no problem with a continuance.

14:27:45 And I don't think any of the other members of the board




14:27:47 would either.

14:27:50 We would like to resolve the situation amicably because

14:27:55 we love Walgreen's.

14:27:56 We just don't want the beer and wine.

14:27:59 As one of our neighbors said, we don't need more beer

14:28:02 and wine from Walgreen's, we need better ice cream.

14:28:06 We have no problem with a continuance.

14:28:08 >>THOMAS SCOTT: Council?

14:28:12 >>CHARLIE MIRANDA: Move to continue for 30 days.

14:28:16 The 30 day date would be --

14:28:18 >> May 20th at 1:30.

14:28:20 >> May 20th at 1:30.

14:28:23 >>THOMAS SCOTT: Seconded by Councilwoman Saul-Sena.

14:28:25 All in favor?

14:28:26 Opposes?

14:28:27 Okay.

14:28:30 Item 87.

14:28:31 We are down to our last two items.

14:28:33 87 and 88.

14:28:36 We'll take up 87.

14:28:58 >>LaCHONE DOCK: Land Development Coordination.

14:29:00 I have been sworn.




14:29:00 The next item on the agenda is petition V-10-147 for

14:29:04 the property located at 402 and 410 South Boulevard,

14:29:08 8 and 815 Horatio street.

14:29:11 The property is currently zoned PD planned development,

14:29:14 which allows for living facility and the proposed

14:29:18 special use for alcoholic beverage sales 4(COP-X) which

14:29:21 allows for the sale of beverages regardless of

14:29:23 alcoholic content for consumption on the premises only.

14:29:27 This property was recently rezoned to a PD in 2008,

14:29:32 council.

14:29:33 You may remember in the proposed use, the allowable use

14:29:36 on the property is a congregate living facility.

14:29:38 The special use request is proposed on two floors of

14:29:42 the facility.

14:29:45 24,964 square feet.

14:29:47 It's requested on the first floor which contains the

14:29:50 dining area and 4,103 square feet is requested on the

14:29:55 fifth floor area.

14:29:58 10009 square feet contains outdoor area.

14:30:02 A total of 62 parking spaces are required and 69 spaces

14:30:05 are being provided.

14:30:09 I have an aerial of the site.




14:30:14 This is the site here in yellow.

14:30:16 Boarded with Boulevard to the west, Horatio is south of

14:30:20 the property, Azeele is located north of the property.

14:30:23 >>LINDA SAUL-SENA: Is gory school just south of here?

14:30:27 >>LaCHONE DOCK: Yes.

14:30:28 And the area in blue is the outline of the area for

14:30:34 sale contained within that outline.

14:30:39 The site, the structure under construction.

14:30:44 That's on Horatio, Azeele and Boulevard.

14:30:55 That's the view on Horatio.

14:30:57 And the site is off of Azeele.

14:31:01 The development review committee has reviewed the

14:31:03 petition and finds the request consistent with

14:31:05 applicable City of Tampa land development regulations.

14:31:09 This concludes staff's presentation.

14:31:11 I'm available if you have any questions.

14:31:12 >>JOHN DINGFELDER: A question of Ms. Kert.

14:31:16 Thank you.

14:31:23 The use that we approved last year, and I was thrilled

14:31:27 that this was under construction and it's going to a

14:31:30 nice adult congregate living facility, but is the

14:31:36 alcohol limited to an ACLF use?




14:31:41 >>REBECCA KERT: On the site plan, not through the

14:31:43 special use process.

14:31:45 It is my understanding -- and staff can correct me if I

14:31:47 am wrong -- but I believe your staff report says that

14:31:49 under the PD that was approved last year, the only

14:31:53 allowable use is a congregate living facility.

14:31:56 Therefore, to change that use, it would have to come to

14:31:59 you for a rezoning.

14:32:00 >>JOHN DINGFELDER: If they came to us, let's say for

14:32:04 argument's sake, it failed ten years from now or

14:32:10 something like that, now you have this big structure,

14:32:12 and perhaps the opportunity for a giant catering hall

14:32:16 or restaurant or something on the first floor, just for

14:32:19 argument's sake.

14:32:21 If they came in and changed that whole use, would they

14:32:26 retain that liquor?

14:32:28 >>> Yes.

14:32:28 >> Is there any way that you can constrain it to the

14:32:32 ACLF?

14:32:33 Because I'm sure their intent is to have this as an

14:32:35 amenity of the ACLF.

14:32:37 >> Yes, if the applicant so desired, City Council would




14:32:42 mitigate any possible negative second effects by having

14:32:48 that placed on the site plan, a condition tying the

14:32:52 sale of alcoholic beverages to must be accessory to the

14:32:55 primary use of the living facility.

14:32:58 >>JOHN DINGFELDER: Thank you.

14:33:00 >>JOHN DINGFELDER: They are making it appealing to get

14:33:06 old.

14:33:10 >>CHARLIE MIRANDA: I may move into it myself.

14:33:12 >> Officer Don Miller, City of Tampa police department.

14:33:15 We have no objection to this petition.

14:33:17 >>THOMAS SCOTT: Petitioner?

14:33:20 >> My name is Joseph Diaz, address 2522 West Kennedy

14:33:28 Boulevard and I have been sworn.

14:33:32 Mr. Dingfelder, if you look at our site plan you are

14:33:34 going to see that we indicated it's incidental.

14:33:37 That's the only way we felt that you could actually

14:33:39 waive the distance.

14:33:40 We have no problems putting any condition whatsoever on

14:33:42 the site plan saying that as soon as it ceased to be an

14:33:47 ACLF the wet zoning would disappear.

14:33:51 In a problem whatsoever.

14:33:52 >>JOHN DINGFELDER: That would be great.




14:33:53 >> Let me give you a little background on what we have.

14:33:57 We have a six-story building going up that's intended

14:34:01 to be an ACLF, some of which will be assisted living,

14:34:05 some of which will be independent living.

14:34:06 We would like to be able to offer alcoholic beverages

14:34:09 to the residents and the guests.

14:34:11 You are going to hear from Aaron Bloom in a little bit

14:34:15 who is the vice-president of legal and risk management

14:34:17 for Horizon Bay.

14:34:19 He's going to tell you things such as this facility is

14:34:23 not open to the public.

14:34:25 You have got to have a special key to gain access to

14:34:28 the facility.

14:34:29 There is no place in the facility where you can go and

14:34:32 buy alcoholic beverages with cash or credit card.

14:34:37 You have to be a resident to be able to purchase

14:34:39 alcohol here.

14:34:43 It's not open to the public.

14:34:45 I know you all have received an e-mail that has made

14:34:48 all kinds of allegations.

14:34:50 None of those allegations are true whatsoever.

14:34:55 I think you are going to hear that the average age is




14:34:57 somewhere by 80 years of age, and historically the

14:35:02 minimum age 55 years of age.

14:35:06 There are similar facilities operated by Horizon Bay

14:35:10 throughout the United States, somewhere around 88.

14:35:15 Ms. Saul-Sena, I think if I understood you, somewhat

14:35:19 impressed by the size of the area that we are

14:35:20 requesting.

14:35:21 On the first floor, we have got two rather large dining

14:35:26 rooms.

14:35:26 We have got one for the assisted living and one for the

14:35:29 independent living.

14:35:31 We then have some halls, if you will, downstairs, and a

14:35:39 fairly good portion of the downstairs first floor wet

14:35:42 zoning is the pool area, which is internal.

14:35:46 Everything is not visible it from the street.

14:35:49 If you get up to the fifth floor, which is the other

14:35:52 part of our petition, there is a banquet game room,

14:35:57 entertainment area upstairs.

14:36:01 There's also been some issue raised quite possibly

14:36:03 because on that fifth floor we have two outdoor patio

14:36:09 deck areas, if you will.

14:36:13 They have screening around them, and in a one is going




14:36:18 to be able to look from either Azeele or from Horatio

14:36:23 and see what's going on that fifth floor.

14:36:31 Mr. Bloom, I think, might want to offer some

14:36:33 information that pertain more to the Horizon Bay and

14:36:40 then I will come back.

14:36:42 >> My name is Aaron bloom, here with the petitioner

14:36:45 Horizon Bay.

14:36:45 With me is Mary Sue Patchett, our senior vice-president

14:36:48 of operations.

14:36:49 She is directly responsible for overseeing the

14:36:51 day-to-day operations of all of our facilities, and

14:36:56 will be responsible for this one as well.

14:36:58 What I would like to do very briefly in the time we

14:37:00 have is explain to you what Horizon Bay is, explain to

14:37:03 you what we planning on using this site for and why our

14:37:06 application today is truly incidental to our business.

14:37:08 >>JOHN DINGFELDER: Mr. Chairman, can I make a

14:37:10 suggestion?

14:37:13 I don't know how much opposition there is, but if

14:37:17 there's limited opposition, maybe you just want to be

14:37:19 reserve for rebuttal, so that way you can hone in on

14:37:23 the specific objections.




14:37:24 That's just my suggestion.

14:37:26 >> Well, let me very briefly say as Mr. Diaz point out

14:37:31 the sales are limited to our residents.

14:37:33 There's 134 apartments in this community.

14:37:36 The most residents we could possibly house are 156.

14:37:39 And all of the residents will be issued keypads that

14:37:43 look something like this.

14:37:44 And that's what they will be using to purchase alcohol.

14:37:48 So somebody cannot possibly walk off the street with a

14:37:50 credit card and cash and buy alcohol.

14:37:53 It's solely incidental use to our business of providing

14:37:56 housing for seniors in an environment where seniors can

14:38:01 live and thrive.

14:38:02 That's what we are trying to do here with this

14:38:04 application.

14:38:04 >>LINDA SAUL-SENA: I have a question.

14:38:07 I'm familiar with retirement facilities because my mom

14:38:10 was in one.

14:38:11 And there are a couple that I know of, grand court,

14:38:17 Canterbury towers, where they serve alcohol in their

14:38:20 dining areas.

14:38:21 Do they have wet zonings?




14:38:23 I didn't realize that that was -- that you needed to

14:38:26 have a wet zoning as part of the meals you are serving.

14:38:29 >> The question is whether or not whether or not you

14:38:32 want to have it.

14:38:33 What we are looking to do is create an environment for

14:38:35 the residents where if they want to at some point in

14:38:38 their day go to the lounge area out by the pool and

14:38:42 purchase a cocktail for themselves, they can do that.

14:38:45 >>LINDA SAUL-SENA: Thank you.

14:38:47 >>THOMAS SCOTT: Any other questions, council?

14:38:52 People in opposition?

14:38:54 Only one person?

14:39:01 Come on down, sir.

14:39:02 >> My name is Bubba Nicholson, address 2604 Jetton

14:39:11 Avenue in Tampa, Florida.

14:39:13 And I'm here on behalf of the fine morning which shares

14:39:22 a block with this upcoming nice building.

14:39:25 It's run by a lot of octogenarians, and is essentially

14:39:31 an extension of the Gorrie Elementary school which is

14:39:35 directly across the street from this proposed wet

14:39:38 zoning.

14:39:39 And we think it's against the public interest to grant




14:39:45 petitioner's request.

14:39:46 >>JOHN DINGFELDER: Any more details?

14:39:51 >> It's across the street from an elementary school.

14:39:54 Hello.

14:39:57 I'm sorry, I don't mean to be rude.

14:39:59 But little children -- little children, and they are

14:40:08 making concerte, and it's an artistic -- we put on

14:40:14 plays and stuff like that in the community.

14:40:16 And it's been a wonderful resource.

14:40:18 And alcoholic beverage sales to members only or

14:40:22 whatever they are planning to do is egregious and

14:40:27 awful.

14:40:27 >>LINDA SAUL-SENA: I just want to thank you for being

14:40:30 involved with the music house, a beautiful historic

14:40:34 building and I know needs a lot of TLC.

14:40:37 Thank you for being engaged in that.

14:40:39 >>THOMAS SCOTT: Anyone else from the public?

14:40:41 >> Can I leave now?

14:40:43 >> Yes, sir, you certainly can.

14:40:45 Anyone else from the public wish to a degrees this

14:40:47 item?

14:40:48 >>CHARLIE MIRANDA: Move to close.




14:40:49 Oh, excuse me.

14:40:51 Rebuttal.

14:40:52 >>THOMAS SCOTT: You don't have to say anything, sir if

14:40:56 you don't want to.

14:40:57 >> Thank you.

14:40:58 >> Move to close.

14:41:00 >> Second.

14:41:03 >>THOMAS SCOTT: All in favor?

14:41:04 Opposes?

14:41:04 Okay.

14:41:04 >>JOHN DINGFELDER: I think we all agree that the

14:41:08 musical is wonderful, gory elementary is wonderful but

14:41:11 I don't know that the impact of this internal use is

14:41:13 going to be that significant.

14:41:16 >>THOMAS SCOTT: And you have to have a key to get in.

14:41:18 >>JOHN DINGFELDER: Will the hours of operation close

14:41:22 at 7:30 p.m.?

14:41:24 [ Laughter ]

14:41:25 >> I am not going to like that when I'm living there

14:41:30 that you talk that way.

14:41:31 [ Laughter ]

14:41:33 >>JOHN DINGFELDER: Okay.




14:41:34 Move the following ordinance for first reading, and

14:41:39 specifically I would request to include as part of the

14:41:42 ordinance revision on the site plan to tie it to the

14:41:47 specifically to the ACLF stipulated by the petitioner.

14:41:53 Did you all have any conditions on this one now?

14:41:56 Or is this one clean?

14:41:57 This one is clean.

14:41:58 Okay.

14:41:59 Move the following ordinance for first reading, an

14:42:01 ordinance approving a special using permit S-2 for

14:42:03 alcoholic sales large venues, alcoholic content beer,

14:42:09 wine and liquor 4(COP-X) for consumption on premises

14:42:12 only at or from that certain lot, plot or tract of land

14:42:15 located at 402 and 4:00 10 South Boulevard and 813 and

14:42:19 815 Horatio street, Tampa, Florida, as more

14:42:22 particularly described in section 2 hereof provided for

14:42:24 repeal of all ordinances, providing an effective date.

14:42:26 >>THOMAS SCOTT: Seconded by councilman Miranda.

14:42:31 All in favor signify by saying Aye.

14:42:33 Opposes?

14:42:34 >>THE CLERK: Motion carried with Mulhern being absent.

14:42:36 Second reading and adoption will be held on May




14:42:40 6th, 2010, at 9:30 a.m.

14:42:42 >>THOMAS SCOTT: Item 88.

14:42:45 Final item for the day, council.

14:42:47 >> Mr. Chairman, I think you want to go to the

14:42:51 Christmas party when they have the rock 'n roll

14:42:54 contest.

14:43:00 >> The average age, 80 years old.

14:43:10 >>LaCHONE DOCK: Land Development Coordination.

14:43:12 And I have been sworn.

14:43:13 The next item on the agenda is petition V-10-149 for

14:43:16 the property located at 2617 West Kennedy Boulevard.

14:43:20 The property is currently zoned CG commercial general.

14:43:23 The proposed special use is for alcoholic beverage

14:43:25 sales 4(COP-R), which allows for the sale of beverages

14:43:28 regardless of alcoholic content, for consumption on the

14:43:33 premises only.

14:43:34 In conjunction with the restaurant.

14:43:37 This site contains 16,347 square feet.

14:43:40 The total area under the request is 4,130 square feet

14:43:44 which includes 3,374 square feet of indoor area and 755

14:43:50 square feet of outdoor area.

14:43:52 The parking required is 46 spaces and 18 spaces are




14:43:55 being provided.

14:44:08 This is the property to the south, Arrawana, and

14:44:12 Tampania Avenue is to the south.

14:44:14 The area located here in blue is the area for the

14:44:16 proposed sales.

14:44:19 I have pictures of the site.

14:44:23 This is the view looking north.

14:44:25 That's the site on Kennedy.

14:44:29 This is the west side of the site off of Arrawana.

14:44:33 This is the alley located just north of the site and

14:44:36 the proposed entrance to the site.

14:44:41 The view of the north side of the site.

14:44:44 This is the east side of the site.

14:44:48 Which is where the traffic would flow and exit onto

14:44:51 Kennedy.

14:44:52 And this is another view of the east side of the site

14:44:54 for parking.

14:44:55 >> Excuse me.

14:45:01 I think I blinked and missed the "A" street side.

14:45:10 >> This is the north side.

14:45:11 >> And you have got a traffic flow coming how?

14:45:16 >>LaCHONE DOCK: Traffic coming in off of Arrawana,




14:45:21 turning to the alley and then turn into the site.

14:45:24 The building is here.

14:45:25 >> Okay.

14:45:26 >> And that's the north side of the building.

14:45:29 And the fence is back here.

14:45:32 And traffic will come in and go through the side of the

14:45:36 building which is here.

14:45:46 The development review committee finds it inconsistent

14:45:48 with applicable City of Tampa land development

14:45:50 regulations.

14:45:52 There are three changes requested to be made on the

14:45:54 site plan between first and second reading.

14:45:57 I would like to review those changes.

14:45:59 They are on page 3 of the staff report.

14:46:01 The first change is to place the hours of operation on

14:46:05 the site plan.

14:46:07 The second change is pursuant to 27-241, the parking

14:46:10 agreement needs to be resubmitted for the current

14:46:12 application.

14:46:14 And the third change is the words north Arrawana Avenue

14:46:18 need to be added to the end of waiver number 4.

14:46:22 Council, I would like to review some of the instances




14:46:24 and findings on the staff report.

14:46:26 On page 2 of the staff report, Land Development

14:46:28 Coordination finds it inconsistent related to section

14:46:31 27-269-B-7 which speaks to the control of potentially

14:46:36 adverse effects.

14:46:37 The petitioner is requesting a waiver of the parking

14:46:39 provided from 46 spaces to 18 spaces, and there is

14:46:43 concern regarding the ability to minimize the possible

14:46:46 adverse effects of the surrounding residential

14:46:48 neighborhood to the north.

14:46:50 Transportation finding of inconsistency relates to the

14:46:53 waiver of the parking is the first finding.

14:46:57 The second finding deals with access in the local

14:46:59 street which has access to the alley, the entrance to

14:47:02 the site.

14:47:04 And then the third finding of inconsistent is solid

14:47:07 waste and relates to maneuvering in the right-of-way

14:47:09 during the collection process.

14:47:13 And that is the staff's inconsistent findings.

14:47:17 That concludes staff's presentation.

14:47:20 I'm available if you have any questions.

14:47:22 >>THOMAS SCOTT: Questions by council?




14:47:23 Officer Miller.

14:47:24 >> Officer Don Miller, City of Tampa police department.

14:47:30 City of Tampa police department has no objections to

14:47:32 this request.

14:47:33 I do know upon investigation of this case there are a

14:47:37 lot of objections from the neighborhood association.

14:47:38 >> 100 North Tampa Street, suite 2100 representing

14:47:57 applicant.

14:47:57 Mike is going to hand out several documents during my

14:47:59 presentation, the first of which is a site plan, if you

14:48:03 will, that clearly depicts the ingress and egress for

14:48:06 the project.

14:48:06 If I can have the overhead.

14:48:08 With me today is my client B.B. Abbott, our

14:48:28 transportation engineer Mike Razor, as well as our

14:48:29 civil engineer, Everett Marr.

14:48:32 You may remember that this case came before you last

14:48:35 year in which you denied a 4(COP-X) application for a

14:48:38 bar to be established within the existing building.

14:48:40 Again, we are proposing to utilize the existing

14:48:42 building for this enterprise.

14:48:45 Since that time my client has carefully considered




14:48:48 council's discussion and comments at the last hearing

14:48:51 and determined that a 4(COP-R) designation and license

14:48:55 would be appropriate and would still allow him to

14:49:01 operate his business model as proposed.

14:49:02 The sale of alcoholic beverages as you know under

14:49:04 4(COP-R) is considered incidental to the primary

14:49:07 function of the business establishment.

14:49:08 My client is willing to accept these requirements in

14:49:11 those restrictions.

14:49:12 The site plan concerning access, councilman Dingfelder,

14:49:16 I want to clearly point this out -- I think this is

14:49:18 critical as you debate this project and also listen to

14:49:21 the opposition testimony.

14:49:24 The access is from Arrawana, ingressing into the site

14:49:30 by way of the alley, and egressing with diagonal

14:49:34 parking spaces, and the valet spot here, which B.B. is

14:49:39 going to refer to in a minute, egressing onto Kennedy

14:49:42 Boulevard.

14:49:42 We purposely changed that ingress and egress from the

14:49:45 last site plan that you had seen actually, actually

14:49:48 changed it before that site plan submittal, because

14:49:50 staff had a concern about the circulation movements on




14:49:53 the site.

14:49:55 And, of course, given the constraint site that we have

14:49:58 it's either in or out that you can go on Kennedy or

14:50:01 Arrawana, so we changed it.

14:50:03 Of course, from a business perspective we are much

14:50:05 better off from Kennedy and out Arrawana. However,

14:50:07 given the neighborhood concerns about north "A," we

14:50:10 decided to reverse that access from Arrawana, egress

14:50:15 from Kennedy, and thereby anyone presumably who is

14:50:18 going to be going on Arrawana would live in north "A,"

14:50:22 north "B," et cetera, on the backside of the project

14:50:24 here.

14:50:25 It's also important to note at the outset that my

14:50:29 client is trying to further the intent of goal and

14:50:32 intent of goal 16 of the City of Tampa comprehensive

14:50:34 plan which clearly calls for mixed use corridor village

14:50:37 to transform the Kennedy corridor to serve adjacent

14:50:40 neighborhoods.

14:50:41 I would like you to hand out the second document.

14:50:47 I want to report out to you, I prepared a legal

14:50:52 memorandum to the city attorney's office as well prior

14:50:54 to the hearing and also spoke to Mr. Shelby as well




14:50:56 about the legal principles of this case.

14:50:59 It's our position that in a special use permit

14:51:04 application we meet the standard in the code, and in

14:51:06 this case of course there are a couple of standards we

14:51:08 do not meet but are mitigating for, and we believe, and

14:51:11 we have demonstrated by competent, substantial

14:51:13 evidence, presented it to the hearing in the record

14:51:15 today, that we meet those standards, that the city is

14:51:17 obligated them to place on the record such evidence

14:51:21 that indicates that such standards are not met, and in

14:51:24 fact the application is adverse to the public interest.

14:51:29 The legal memorandum includes various comments

14:51:32 including on page 2 the staff finding of inconsistency

14:51:35 which was just referred to by staff.

14:51:37 One of the comments, by the way, made about the site

14:51:40 plan condition to be added was parking agreements.

14:51:46 The parking agreements we had recorded since 2009 have

14:51:48 been reviewed at least twice by the city attorney's

14:51:50 office and found to be legally sufficient.

14:51:52 So I'm not sure where that comment is coming from.

14:51:55 Second of all, land development coordination stated

14:51:59 that it's inconsistent with the city codes, and they




14:52:04 stated their basis is concern regarding ability to

14:52:07 minimize adverse effects of the surrounding

14:52:10 neighborhood.

14:52:10 Also transportation concluded that the parking waiver

14:52:13 was excessive.

14:52:16 Council members, I would like to have you refer to tabs

14:52:19 1, 2 and 3, and hand out the graphic.

14:52:25 I think it's very important as you review this case to

14:52:30 look at what the City Council reviewed and approved in

14:52:32 prior years.

14:52:42 In yellow, you see there in the middle, that's the

14:52:44 subject site.

14:52:47 The property highlighted south of that in orange is 27.

14:52:54 Property highlighted in blue is the Kennedy, which is a

14:52:58 4(COP) license located to the east, of course, and the

14:53:03 property highlighted in the red or pink is the

14:53:06 bungalow.

14:53:07 You will note that looking at the legends here, the

14:53:12 subject property of our request is 4(COP-R).

14:53:16 We have access by north Arrawana, which is a local

14:53:22 street.

14:53:22 One of the objections by staff is local street.




14:53:25 Residentially zoned property is 26 feet.

14:53:27 Distance to the nearest residential structure is 65

14:53:29 feet.

14:53:30 By the way, this graphic was prepared by landmark

14:53:32 engineering company and fully qualified to do so.

14:53:37 South of the subject property in orange is 27.

14:53:40 4(COP-R), approved.

14:53:42 The resolution -- I'm sorry, the ordinance, which is

14:53:45 exhibit, I believe, 1 in my legal memorandum, the

14:53:48 ordinance clearly shows there's no hour restrictions of

14:53:51 operation.

14:53:52 The access is also to south Arrawana Avenue, local

14:53:56 street.

14:53:57 By the way, in that instance, if you look at the staff

14:53:59 report, also exhibit 1, you will notice that their

14:54:03 transportation staff never objected to access from a

14:54:05 local street.

14:54:06 Didn't say a word about it.

14:54:10 Also, residential zoning is 48 feet.

14:54:13 Distance to the closest residential structure is 58

14:54:16 feet.

14:54:18 Next item is the Kennedy which has a more intense




14:54:21 category, 4(COP).

14:54:24 No hours of operation restrictions.

14:54:26 Access to Moody Avenue, a local street.

14:54:29 Distance to residential zoning, 11 feet.

14:54:32 Distance to nearest residential structure, 72 feet.

14:54:36 Lastly, the bungalow, 4(COP-R), no restriction of

14:54:42 operation in the ordinance.

14:54:43 Access to Westlaw son street, which is a local street.

14:54:47 Separated by a 10-foot alley, very similar to this case

14:54:50 here.

14:54:51 Distance to residentially zoned property, 25 feet.

14:54:53 Distance to the nearest residential structure, 35 feet.

14:55:00 Finally, I want to hand out to you a letter that I

14:55:05 submitted on Monday as well as our parking agreements

14:55:08 which have been in place for almost a year now.

14:55:10 The letter which I submitted Monday would restrict our

14:55:13 site to certain hours of operation, and those hours of

14:55:16 operation are consistent with the parking agreements.

14:55:20 Parking agreements are very important.

14:55:21 The way this would function is the party comes into the

14:55:25 site from Arrawana.

14:55:28 They circulate around the alley, come into the site,




14:55:31 occupy a space which is a diagonal parking here or

14:55:35 report to the valet stand here.

14:55:36 At the valet stand, the car is taken away from the

14:55:39 person driving.

14:55:40 The car is taken to one of two locations currently in

14:55:42 place, under the parking agreement.

14:55:45 One is the all-day title company located directly

14:55:48 across the street on Arrawana.

14:55:51 The second two properties over to the east side which I

14:55:58 can point out here as well.

14:55:59 Alday Donalson is here. The subject site is here.

14:56:05 So the vehicles are taken away from the property

14:56:07 owner -- the vehicle owner there, by the valet service,

14:56:13 take the vehicles to the parking arranged sites.

14:56:17 The letter that I submitted to the city shows the

14:56:22 parking agreements, identically provides for hours of

14:56:25 operation as stated in the letter, which I have a copy

14:56:28 of as well.

14:56:35 The hours are identical to what the parking arrangement

14:56:39 provides for.

14:56:40 Let me have Mike Razor speak next and then we'll wrap

14:56:45 it up.




14:56:46 Thank you.

14:56:46 >> Good afternoon.

14:56:50 Mike Razor, 19046 Bruce B. Downs Boulevard.

14:56:53 I have been sworn.

14:56:54 I'm a professional engineer registered in the State of

14:56:56 Florida.

14:56:58 I have a couple of statements to put into the record.

14:57:01 The parking lot of this site has been designed for

14:57:03 one-way circulation with ingress and egress from the

14:57:07 alley by north Arrawana Avenue and egress onto Kennedy

14:57:11 Boulevard which is classified as a principle arterial

14:57:13 roadway.

14:57:14 Circulation pattern limits access to local street

14:57:17 networks and significantly reduces the potential for

14:57:20 neighborhood cut through as patrons destined to the

14:57:23 site are likely to use the major road, whereas patrons

14:57:27 leaving the site will be forced onto the major road

14:57:29 network, in the absence of congestion given the bulk of

14:57:32 the operating hours for the subject site, motorists

14:57:34 don't particularly see that, cut-through travel routes

14:57:38 once on the major road network, and further to the

14:57:41 discussion that Mr. Marchetti brought up regarding




14:57:44 local street access to the other sites that we

14:57:46 discussed, within the two and a quarter mile stretch of

14:57:51 Kennedy Boulevard from downtown to Dale Mabry Highway

14:57:54 there are only about ten intersections involving

14:57:58 non-local streets compared to approximately 30

14:58:01 intersection was local streets, whereas the majority of

14:58:03 development within this stretch of the Kennedy

14:58:05 Boulevard corridor has some degree of local street

14:58:07 impacts.

14:58:08 Thank you.

14:58:36 >> My name is B.B. Abbott, managing director of Venture

14:58:42 Holdings.

14:58:42 I have been sworn in.

14:58:44 We first came to you asking for a (COP-X), first

14:58:47 because quite frankly I was uneducated on food sales

14:58:51 first and foremost and I was a little uncertain about

14:58:53 what we had to do to meet the requirements of the code

14:58:56 in that regard.

14:58:58 After I did the thorough research that I needed to do,

14:59:01 I listened to Councilwoman's Saul-Sena, who requested

14:59:05 us to do an "R."

14:59:08 I went back, talked to some restaurant consultants who




14:59:11 were putting together our menu, and I have full

14:59:13 confidence that we can meet the code requirements in

14:59:15 that regard.

14:59:17 My intentions all along were to open a first class

14:59:19 upscale sports themed restaurant, something that Tampa,

14:59:22 I think, lacks.

14:59:26 I always expect the restaurants to have the best

14:59:29 restaurant equipment and serve the very best in food

14:59:31 quality.

14:59:31 I would like to, if I could, give you a handout.

14:59:37 The handouts that Mr. Marchetti will give to you show

14:59:40 the interior of what we propose the interior as well as

14:59:47 the exterior of the restaurant to be.

14:59:50 I'll give you a second to take a look at those.

14:59:54 As you can tell from the handouts themselves, it's

15:00:01 going to be a very, very upscale restaurant.

15:00:03 It's going to be a sports theme restaurant.

15:00:05 >>LINDA SAUL-SENA: This is the same one you gave us a

15:00:07 year ago.

15:00:08 >>> That's correct.

15:00:12 Yes, ma'am.

15:00:13 I was responding, I thought, to Councilwoman




15:00:18 Saul-Sena's response in regards to -- about coming back

15:00:25 for an "R", and that's what I have done.

15:00:28 "R."

15:00:29 As each of you know, I met with neighbors on numerous

15:00:31 occasions.

15:00:32 I showed them our notes.

15:00:34 I showed them exactly what our menu is.

15:00:36 I'll show you our intentions.

15:00:37 And I have tried to address their concerns.

15:00:40 We actually asked them to meet with us again.

15:00:43 And they declined to do that.

15:00:46 I also have a business plan that I would like to pass

15:00:48 up to you.

15:00:58 This is the business plan of the restaurant.

15:01:00 As you can see on the tabs, we have included several

15:01:03 things in the business plan itself.

15:01:07 The first, the first tab you can see a security plan,

15:01:10 which we will utilize.

15:01:12 We will utilize on-duty police officers.

15:01:14 We'll coordinate with the Tampa Police Department to

15:01:16 patrol the areas.

15:01:17 We are going to hire employees to concentrate on




15:01:19 security in and around the location.

15:01:21 And we are going to provide for adequate lighting in

15:01:23 the parking lot and the surrounding locations.

15:01:25 We are going to offer all property owners along the

15:01:28 alley, the back alley, 2600 block, to escrow funds to

15:01:33 construct the security fence on the backside of their

15:01:35 property.

15:01:36 We are going to provide appropriate signage to control

15:01:38 traffic, an alley behind the location.

15:01:41 >> This plan is yours, not mine.

15:01:52 >>> Yes, my business plan.

15:01:54 And we have agreed to add stipulations to do this in

15:01:57 the application itself.

15:01:58 We have offered this to neighbors to include this in

15:02:00 the application itself.

15:02:04 In the license.

15:02:05 To allow for valet parking which will be a forced valet

15:02:08 parking which I will get into in a little bit.

15:02:10 We have a noise reduction plan we are willing to agree

15:02:13 to, to construct, when we construct our full outside

15:02:16 patio we are going to have a full wall in the outside

15:02:18 patio to stop any noise from going back to them.




15:02:22 We are going to use appropriate noise reduction

15:02:24 procedures with speakers and TVs on the patio.

15:02:27 And we'll allow for valet parking again to help for

15:02:30 quick removal of cars and people in the parking lot

15:02:33 areas.

15:02:34 We are also creating neighborhood outreach programs

15:02:35 with the neighborhoods behind us to address any

15:02:39 concerns that they had over the course of the year.

15:02:45 What we have done is purchased a building.

15:02:48 We are looking to put substantial money obviously into

15:02:51 this building to make it a very good, ongoing, thriving

15:02:55 restaurant.

15:02:57 As mentioned earlier we feel the Kennedy corridor is

15:03:02 the gateway to Tampa and that's what the overlay is and

15:03:06 that's what we are trying to buy into here.

15:03:10 We have, if I could pass this out, we did a petition

15:03:17 online to see what type of response we would get from

15:03:19 registered voters in the City of Tampa.

15:03:21 (Bell sounds)

15:03:22 We started a week ago.

15:03:24 We got 491 petitioners to sign this petition online.

15:03:30 >>THOMAS SCOTT: All right.




15:03:30 Thank you, sir.

15:03:31 >> Councilman Scott, I wanted to point out, that

15:03:40 petition, we didn't want to make several copies.

15:03:43 That's a lot of paper there.

15:03:47 These are people in support as well if you have any

15:03:49 questions.

15:03:49 >>THOMAS SCOTT: Those who are in support stand to my

15:03:52 left on the wall.

15:03:54 Those in opposition to my right, if you are in

15:03:57 opposition, to my right, which is your left.

15:04:01 And those in support to my left, which is your right.

15:04:05 Okay?

15:04:06 We'll go back and forth for each side.

15:04:10 All right.

15:04:14 Those who are in support to my right.

15:04:16 Those in opposition to my left.

15:04:24 Opposition, that's fine.

15:04:26 Thank you.

15:04:27 Opposition to my right.

15:04:29 Thank you.

15:04:32 We go back and forth each time.

15:04:42 >> My name is John -- I have been sworn.




15:04:45 I was before you all last year on the same thing.

15:04:48 Let me start by saying that we did not decline to meet

15:04:51 with B.B. Abbott and his lawyer Marchetti.

15:04:55 We agreed to disagree.

15:05:00 They said they have not changed anything.

15:05:02 They were not going to change what they were going to

15:05:03 do.

15:05:04 We said, well, if you are not going to change we

15:05:06 there's no reason to meet if you are going to waste our

15:05:08 time, if you are going to waste everyone else's time by

15:05:11 going through this again and we are going to stand firm

15:05:13 as to where we are.

15:05:15 We are opposed to it.

15:05:16 We have been opposed to it.

15:05:18 The city has only touched on the waivers.

15:05:21 There's five waivers.

15:05:23 Not the transportation issues.

15:05:25 But they are very severe as well.

15:05:28 The alcohol sales in approximate I am till to other

15:05:30 alcohol establishments, it should be grounds for

15:05:33 absolutely no more.

15:05:36 A nice visual showing that all of these alcohol sales




15:05:42 are all around us.

15:05:43 You guys approved all of these.

15:05:45 That's great.

15:05:45 Well, that's a mistake, is the way I look at it.

15:05:48 To have more is just a bigger mistake.

15:05:51 I have with me this whole wall here.

15:05:53 These are not just people on the Internet.

15:05:56 These are not friends.

15:06:00 These are people that live all down "A" street.

15:06:04 This is "A" street.

15:06:08 My petition only consists of 61 persons because out of

15:06:13 the 12-block area.

15:06:14 I don't give a crap about the whole City of Tampa.

15:06:18 We care about our whole area for our children and

15:06:21 families.

15:06:22 This is a venture, a joint venture for business.

15:06:25 We vice-president our problems in school here.

15:06:28 Mitchell elementary is down the street. We live here.

15:06:31 We own our homes.

15:06:32 We are not going anywhere. We are vested in downtown

15:06:34 Tampa.

15:06:35 We have cleaned up our street.




15:06:36 We have a neighborhood homeowners association.

15:06:38 That's who we are.

15:06:39 We don't want alcohol in our area, period.

15:06:41 We don't want the traffic down our alley and stopping

15:06:43 our children from playing in the street.

15:06:44 And, yes, they are coming in off of Arrawana.

15:06:47 That's great.

15:06:48 What about the other side of the alley?

15:06:50 Traffic all up and down.

15:06:51 Is anyone here familiar with Rene's?

15:06:55 That is directly behind our home.

15:06:57 That is directly next door to the proposed property.

15:07:01 It took us five years with the help of the city to get

15:07:04 rid of that place.

15:07:05 We do not want another property.

15:07:07 I don't care how it starts out to be.

15:07:11 If they fail, now it's got a 4(COP-R).

15:07:14 Now anybody can move in there.

15:07:15 We just don't need in the our area.

15:07:17 Proximity is like 26 feet to the first house selling

15:07:20 alcohol.

15:07:22 It's, what, 58 feet to the first alcohol establishment?




15:07:26 We already have too many in the area.

15:07:27 We don't needle anymore.

15:07:28 We live here and we stay here.

15:07:30 These people that come, they work and they drop off.

15:07:33 There's maybe one or two people in this line.

15:07:35 This man right here lives in the neighborhood on "B"

15:07:37 street.

15:07:38 I know everybody in the whole neighborhood in a

15:07:40 12-block area by first name.

15:07:41 All of us do.

15:07:42 We live there.

15:07:43 We don't want this here.

15:07:45 Our vote should count more than any business

15:07:47 proposition, any, "oh, let's make Kennedy great."

15:07:51 Kennedy is not the issue.

15:07:52 Family and the whole city at large is the issue.

15:07:54 Not "can I make a quick buck and pat Joe blow on the

15:07:59 back and offer him a beer at my establishment?"

15:08:02 That's not what we are about.

15:08:03 We have taken our neighborhood back from the so-called

15:08:05 street people and we confine them to a little area. We

15:08:06 maintain our streets, our neighborhoods, and we help




15:08:08 everyone. We are a neighborhood.

15:08:09 We are healthy.

15:08:10 We want to stay that way.

15:08:11 We don't need this, period.

15:08:12 (Bell sounds)

15:08:14 Thank you.

15:08:15 >>THOMAS SCOTT: Petitioner --

15:08:22 >> You guys should have all received a complete packet

15:08:23 of this, like 30 letters from people that cannot be

15:08:27 here today from a 12-block area.

15:08:29 There's also a 61-person petition with their phone

15:08:32 numbers and their addresses.

15:08:35 >>THOMAS SCOTT: Okay, thank you.

15:08:36 Time is up.

15:08:36 Next speaker.

15:08:37 >> My name is Kenneth Anderson.

15:08:43 I do live in the neighborhood.

15:08:45 2705 north "B" street, approximately 775 feet from the

15:08:50 property.

15:08:51 I also went around the neighborhood filling out a

15:08:54 petition and found some interesting stories from some

15:08:58 of my neighbors.




15:09:00 Apparently, whoever was going down around getting

15:09:02 petitions signed told my fellow neighbors that this

15:09:07 place was going to be opening up at 6 a.m., alcoholics

15:09:11 wandering our neighborhoods, as well as the proprietor

15:09:14 being Joe Redner himself.

15:09:16 And so there's just some confusion, I believe, in the

15:09:18 neighborhood.

15:09:19 There may be some people that are still confused about

15:09:21 it.

15:09:21 I'm not sure.

15:09:22 But, anyway, my name is Kenneth Anderson.

15:09:25 I have been a homeowner in the area for over six years

15:09:28 now.

15:09:28 This is a place where I decided to start and raise my

15:09:31 family, and now I have two girls.

15:09:34 I'm here today to help mayors Greco and Iorio's vision

15:09:39 of gateway to Tampa and revitalization of Kennedy

15:09:42 Boulevard come to light.

15:09:48 This is what you have in front of you today, a small

15:09:50 piece of that puzzle.

15:09:52 It seems that the south side of Kennedy Boulevard is

15:09:54 getting most of the attention, all the restaurants, all




15:09:57 the construction.

15:09:58 The north side is kind of being forgotten right now.

15:10:01 And walking across Kennedy Boulevard with my family,

15:10:05 it's not very appealing.

15:10:07 But this I think would be great for our neighborhood.

15:10:13 I sat down with more families yesterday afternoon who

15:10:17 were told that Joe Redner was opening this

15:10:20 establishment and probably going to turn it into a

15:10:23 strip club eventually and putting the fear of God in

15:10:27 these people's brain, unfortunately.

15:10:29 I think Mr. Abbott has gone above and beyond to address

15:10:35 all issues with this site.

15:10:37 And I think it's going to be an upscale establishment,

15:10:40 I think will be great for Kennedy, will be great for

15:10:42 our neighborhood.

15:10:42 I can't wait for to the open.

15:10:44 Thank you very much.

15:10:45 >>THOMAS SCOTT: Thank you, sir.

15:10:49 Let me make sure everybody speaking has already been

15:10:52 sworn.

15:10:52 If you have not been sworn, raids your hand.

15:10:55 Everybody has been sworn in.




15:10:59 Now you have been sworn.

15:11:02 Clerk, we have some people that haven't been sworn.

15:11:08 (Oath administered by Clerk)

15:11:25 Next speaker tore my right.

15:11:26 >> Lisa, north "A" street.

15:11:29 I have submitted a letter.

15:11:31 Oops with Mr. Dingfelder's office.

15:11:35 We are opposed to this alcoholic establishment.

15:11:42 I have lived at this home for approximately eleven

15:11:45 years, and I have seen and hear across Kennedy from my

15:11:50 front porch and my bedroom.

15:11:52 The engineering and all of that, it doesn't matter how

15:11:55 much of a wall they put up.

15:11:56 It doesn't matter, coming in and out from Arrawana is

15:12:02 not going to help.

15:12:03 There's still going to be traffic on north "A."

15:12:05 As you know living in Tampa that north "A" is a bypass

15:12:07 for any type of traffic on Kennedy.

15:12:11 I personally have witnessed two little girls hit.

15:12:16 North "A" street, 4:00 in the afternoon, by a woman

15:12:20 that was under the influence, while some witnessed a

15:12:23 family that lives next door to me lost their animal by




15:12:26 somebody speeding on north "A" street.

15:12:28 We have continually asked for and never have received

15:12:32 speed bumps on north "A" street.

15:12:35 Thank you.

15:12:36 >>THOMAS SCOTT: Thank you very much.

15:12:38 Would you read council's rule as well?

15:12:42 >>MARTIN SHELBY: Yes, thank you, Mr. Chairman.

15:12:44 I believe with regard to quasi-judicial hearings, you

15:12:48 are referring to rule 6-G which states that all persons

15:12:51 who provide testimony, information or opinion regarding

15:12:55 a petition in a quasi-judicial matter pending before

15:12:58 City Council must disclose any direct or indirect

15:13:01 business or personal interest between themselves and

15:13:04 the petitioner or applicant which is requesting action.

15:13:07 The information shall not be used to deny the petition

15:13:09 or matter but goes to the weight of the evidence,

15:13:12 information, or opinion provided.

15:13:14 Thank you.

15:13:16 >>THOMAS SCOTT: So you all understand that, right?

15:13:18 Next speaker.

15:13:18 >> Francis Lavero, and with the construction part in

15:13:28 the plans.




15:13:29 I support the project, obviously.

15:13:33 I do so mainly for the fact that that someone is

15:13:38 willing to put down their hard-earned capital and to

15:13:42 start a venture in this economy, get two or three dozen

15:13:46 people employed, and a number of fees and taxes that

15:13:50 will be generated for the city, I think, is a win for

15:13:54 the area and win for the city.

15:13:56 Thank you.

15:13:56 >>THOMAS SCOTT: Thank you, sir.

15:13:59 To my right.

15:14:00 >> My name is Adrian Laramee.

15:14:04 I have been sworn in.

15:14:05 I live at 201 north Tampania.

15:14:07 Everyone talks about the he agrees from Arrawana

15:14:13 but a.m. Tampania is on the other side of the alleyway

15:14:17 and traffic is fairly heavy there because of sometimes

15:14:20 people cutting through to get to the interstate from

15:14:23 there, so they can avoid the light.

15:14:27 This will decrease the traffic up there.

15:14:29 Many years ago I was parked on the side and my car was

15:14:32 rear-ended and put on the front lawn.

15:14:34 Obviously it was a hit and run, so we didn't know where




15:14:37 those people were.

15:14:39 Also, the fact that I'm living right close to the

15:14:44 Kennedy, I can go out my front porch at night and

15:14:47 sometimes in the house, even the evening, and I can

15:14:50 hear the thump from the Kennedy in my bedroom, and also

15:14:54 the living room.

15:14:55 The parking area that they are talking about on

15:14:57 Kennedy, the paint shop is just down the street.

15:15:01 So once that parking fills up, people are going to

15:15:04 start parking in the neighborhood, and it's already

15:15:07 tight to begin with.

15:15:08 Most people don't park in the street because it's

15:15:10 dangerous.

15:15:11 Also, another problem we have had in the past was

15:15:14 people walking the streets and selling drugs.

15:15:17 Another bar in the area is going to only increase that.

15:15:21 You know, it's gotten taken care of most of it now, but

15:15:25 occasionally you do see people and prostitutes on the

15:15:27 street looking for a trick or whatever.

15:15:31 That's all I have to say at this point.

15:15:33 Thank you.

15:15:34 >>THOMAS SCOTT: Thank you, sir.




15:15:35 To my left?

15:15:36 >> My name is Nicole McHam, and I have been sworn in.

15:15:40 I live at 3514 west Obispo street and I'm here in

15:15:45 support of the project.

15:15:47 I'm a young professional.

15:15:49 I do business.

15:15:49 I work long hours.

15:15:51 I have clients that I entertain.

15:15:54 Up and down Kennedy actually a lot.

15:15:56 And it would be nice to see another restaurant opened

15:15:59 in the area.

15:15:59 I think that the Kennedy Boulevard itself needs to be

15:16:03 revived, and it's going to help to do that if he can

15:16:09 get this passed.

15:16:10 In direct relation for this establishment to be

15:16:12 compared to the Kennedy, it would be nothing like the

15:16:15 Kennedy.

15:16:15 I don't think what they are asking for; that their

15:16:19 license is anything such as the Kennedy is.

15:16:22 In relation to drunk drivers and to people being hit or

15:16:27 being harmed, you know, I feel like that can happen

15:16:31 anywhere.




15:16:31 My car was hit along my street, and I park alongside of

15:16:34 the road in a residential neighborhood.

15:16:36 There's in a bar or restaurant.

15:16:42 Thank you.

15:16:43 >>THOMAS SCOTT: Thank you.

15:16:43 Next speaker.

15:16:45 Come on.

15:16:46 Come on, sir, sir.

15:16:48 You have got to come on now if you are going to speak.

15:16:50 >> Never pass up the chance to come visit.

15:16:56 >> Walter knows his way around.

15:16:59 He jumped to the front.

15:17:00 >> As you know I'm Walter Crumbley, president of

15:17:03 Courier City Oscawana homeowners association.

15:17:07 I'm here because, quite frankly, we are concerned about

15:17:11 the process of maybe devastating another neighborhood.

15:17:14 We were here last year to object to this.

15:17:16 We are here this year to object to it, also.

15:17:21 These people want numerous waivers.

15:17:23 That's the first sign that something is fishy here.

15:17:32 Why do you have ordinances requiring all sorts of

15:17:36 things surrounding restaurants and bars, and then you




15:17:40 get waivers to everybody for them?

15:17:44 And you can look at my neighborhood and see what

15:17:46 happens when you start waiving all these distance

15:17:49 requirements and parking requirements and everything

15:17:54 else.

15:18:00 What the neighborhood want you to do is to follow the

15:18:02 ordinances that you in your wisdom have put in place.

15:18:06 Pure and simple.

15:18:07 If you do that, most of the problems that we have will

15:18:11 settle themselves.

15:18:14 As far as valet parking goes, we now have valet parking

15:18:17 in our neighborhood after we got the resident-only

15:18:21 parking so we are subjected up until about 3:00 in the

15:18:23 morning with cars racing up and down the street going

15:18:27 to the valet lots, which happen to be in and near our

15:18:31 neighborhoods.

15:18:35 The outdoor thing, I can tell you, is bad news.

15:18:39 I don't care if you put a 50-foot brick wall there.

15:18:42 It's going to have all the noise from the outside

15:18:45 spilling over to the neighborhood.

15:18:48 Every single place that we have gotten in our

15:18:51 neighborhood that has anything out side, we can hear it




15:18:54 all.

15:18:58 Just because you have granted waivers in the past is no

15:19:02 precedent for granting more waivers and making a bad

15:19:06 situation worse.

15:19:09 So I would humbly request that you consider all of this

15:19:12 very carefully and deny this petition.

15:19:16 If you have any questions, I'll be happy to answer.

15:19:19 >>THOMAS SCOTT: Thank you, sir.

15:19:19 >> Joe Camino.

15:19:26 I have been sworn.

15:19:27 I live at 2410 west Texas Avenue in Tampa.

15:19:30 It is not "A" street but I can tell you that I

15:19:33 appreciate the concern from Mr. Briggs.

15:19:39 I wasn't here at the last meeting but was able to watch

15:19:43 it on television and I saw his passion against this

15:19:46 petition.

15:19:46 And while they should be happy that they have a

15:19:48 representative with such passion, I think history tells

15:19:51 us that passion doesn't necessarily mean that the

15:19:53 individual is correct.

15:19:54 And in this particular instance, with Mr. Abbott

15:19:58 petitioning this council for this business to open, I




15:20:02 think that it if he truly sat down with Mr. Abbott and

15:20:07 looked at his plan, that he would see that his

15:20:09 intentions are bettering the community are genuine and

15:20:14 his intentions of making the community around the area

15:20:17 on the "A" street are sincere.

15:20:20 I do live not on "A" street but I do live directly

15:20:23 behind Ceviche and Bello's restaurant.

15:20:30 I walk there and my family walks there.

15:20:32 Initially I would have the same concerns as Mr. Brady.

15:20:36 However those can be remedied.

15:20:38 As far as parking and traffic, there's signs that you

15:20:41 can post with the five-minute parking that can remedy

15:20:44 any of those concerns.

15:20:46 This is not a bar that Mr. Abbott is trying to open.

15:20:50 I have seen the petition.

15:20:51 I have reviewed it and I have talked to Mr. Abbott

15:20:53 about it.

15:20:55 And I am one of those individuals, Mr. Miranda, that I

15:21:00 do eat later at night.

15:21:02 At my house, if you don't go out to eat, you don't eat

15:21:05 at all.

15:21:06 So that's just the circumstance that I chose to live




15:21:08 in.

15:21:09 I suppose some day I will be at Horizon Bay and maybe

15:21:12 have to change my dietary means.

15:21:18 But, in any event, this is genuinely something that Mr.

15:21:22 Abbott has put a lot of time into and trying to better

15:21:25 their community, and he will be, if it's approved,

15:21:29 somewhat someone that's a pleasure to deal with and

15:21:32 abide by the conditions imposed upon him and will got

15:21:35 to great length to try to remedy any situations that

15:21:37 occur.

15:21:41 To close, I just want to let council know that having

15:21:45 lived for about five years behind Ceviche and Bello's,

15:21:52 I think the parking they had at that particular

15:21:55 establishment may be ten spots if there is ten spots.

15:21:57 So the community may have a concern about the parking

15:22:02 and the traffic.

15:22:02 I haven't seen one issue since they reopened as

15:22:06 Ceviche.

15:22:10 St. Barts before that, I walked there all the time and

15:22:13 we never had an issue with traffic and valets and

15:22:15 things of that nature.

15:22:16 And I have been there at all hours of the day and all




15:22:18 hours of the night, quite frankly, that council may be

15:22:22 more aware of any issues than I may be.

15:22:24 But in any event those are concerns that can be

15:22:28 remedied, and I think if you allow Mr. Abbott to work

15:22:32 with the council and approve this petition that it

15:22:34 would be a great benefit top the community and to "A"

15:22:38 street.

15:22:39 Thank you for your time.

15:22:39 >>THOMAS SCOTT: Next speaker.

15:22:47 Anyone else?

15:22:47 Anyone else?

15:22:48 Please raise your right hand to be sworn.

15:22:50 (Oath administered by Clerk)

15:22:52 >>THOMAS SCOTT: Let me suggest that those who have

15:23:00 already -- those in the rear there, you can be seated.

15:23:04 You don't have to stand along the wall if you have

15:23:06 already spoken.

15:23:07 >>LINDA SAUL-SENA: And the brevity is the soul of wit.

15:23:11 >>> My name is John Sapp, 2506 north "A."

15:23:17 And the 2500 block is the street behind.

15:23:23 The numbers are not consistent with Kennedy.

15:23:27 But my property is approximately 53 feet from the




15:23:30 property line.

15:23:33 My ingress and egress to my two-car garage is through

15:23:39 the alleys.

15:23:40 I have to enter into my garage at any time.

15:23:44 And I don't want to have to deal with waiting in line

15:23:48 to get into a valet queue.

15:23:52 So also one of the things talking about a wall, a

15:23:56 continuous wall.

15:23:57 I told Mr. Abbott no, told him that last year, and the

15:24:01 reason is I have to have an opening to go in and out to

15:24:04 my garage.

15:24:05 The other issue is it's very difficult for me to get in

15:24:08 and out of the alley.

15:24:11 It's only about 12-foot wide.

15:24:12 And so I have to maneuver so that I have got a chain

15:24:17 link fence so I can see one side.

15:24:19 But the other way is a solid fence.

15:24:22 Making a solid fence all the way would be impossible.

15:24:24 I would have to have somebody come out and direct me

15:24:27 out.

15:24:28 So I grew up in that house, lived there most of my

15:24:32 life, I have seen the changes.




15:24:34 I have seen Wan my parents went through when Renes

15:24:37 lounge was directly behind it.

15:24:39 I saw the cooperation of the management there when one

15:24:43 of their patrons went through the fence, went through

15:24:47 the fence.

15:24:47 They suddenly didn't know who it was.

15:24:49 They took off.

15:24:51 And they were no help at all.

15:24:54 So you can't count on anything unless you are there.

15:24:58 And people that are drinking and driving, anything can

15:25:00 happen.

15:25:01 And those valet services, moving those cars around with

15:25:05 the car doors closing, opening, moving around, lights,

15:25:10 headlights and so on, and where they have to park over

15:25:12 on the other side, they have to come back out on

15:25:14 Kennedy.

15:25:15 And when the people pick up the car they have to come

15:25:19 back around, if I understand correctly.

15:25:21 And then you go to the east, they have to go down

15:25:24 Arrawana somewhere.

15:25:28 Either Arrawana or the alley to get back to Coat and a

15:25:33 lot of people don't want valet services.




15:25:38 But I say, police, listen to the residents.

15:25:41 Listen to the people who live in the neighborhood, not

15:25:44 outsiders and do the right thing.

15:25:47 Thank you.

15:25:47 >>THOMAS SCOTT: Thank you.

15:25:48 Next speaker.

15:25:49 >> My name is Wally Briggs. I live at 5136 west San

15:25:56 Jose Boulevard and I have been sworn in.

15:25:59 I have been in the South Tampa area for about ten

15:26:01 years.

15:26:01 I went to the university of Tampa.

15:26:03 I have seen Kennedy Boulevard transition from what was

15:26:08 once run down to start to be the gateway to Tampa.

15:26:12 I have seen the university reach out and spread on both

15:26:15 sides of the street there, some restaurants and some

15:26:18 other locations and new businesses and brought life to

15:26:21 the street.

15:26:22 And I feel like we have some momentum on Kennedy

15:26:24 heading up towards Dale Mabry from the university.

15:26:28 I just see no reason to stop that.

15:26:31 And I'm in support of the proposed use.

15:26:35 And I just feel that we are not only bringing life to




15:26:38 the street and a little face lift to the street but we

15:26:40 are bringing value to the neighborhoods and to everyone

15:26:44 that is here that is opposed, lived lives in the

15:26:46 neighborhood, that we are bringing value to.

15:26:48 It's giving a boost to the local economy that's helping

15:26:52 that you are their properties hold value.

15:26:53 >>THOMAS SCOTT: Thank you.

15:26:57 >> My name is Tina Sapp and I live at 2506 north "A"

15:27:02 street.

15:27:03 And I know from firsthand, I lived right behind that

15:27:09 Rene's bar.

15:27:11 I'm Mr. Sapp's wife.

15:27:13 And there is no way that putting this other bar, grill,

15:27:19 whatever, is going to improve the neighborhood.

15:27:22 It's not going to bring more value to our property,

15:27:25 because we are right behind that bar.

15:27:29 It's going to just bring it down even more so.

15:27:31 And we have had a lot of problems in the past.

15:27:38 And like we said, like John said, it's starting to get

15:27:41 to where people are enjoying, you know, to take evening

15:27:46 walks and enjoy the neighborhood.

15:27:49 And I just think it would be a big mistake to be




15:27:54 approve this.

15:27:54 Thank you.

15:27:55 >>THOMAS SCOTT: Thank you.

15:27:57 >> Good afternoon.

15:28:00 My name is Seth Owens, 3400 west Kennedy.

15:28:05 Personal address is 700 south Harbor Island Boulevard.

15:28:10 I'm here speaking in favor of this new development.

15:28:14 I'm a local business owner down the street on Kennedy,

15:28:16 and I'm sure the council knows as well as everybody in

15:28:20 this room, there is a significant impact on the local

15:28:25 economy.

15:28:25 I think anything that provides jobs to the area cannot

15:28:28 be approved quick enough.

15:28:32 I know for myself, a business that is struggling

15:28:35 basically because our clients are struggling.

15:28:40 I have listened to all of the opposition and I was

15:28:42 actually present at the last meeting as well.

15:28:47 And I believe a lot of the opposition still is focused

15:28:50 on the idea of being a bar.

15:28:53 I don't know all the details but my understanding is

15:28:55 the zoning request has been changed to address a lot of

15:29:00 those concerns.




15:29:03 I have also noted that a lot of the complaints have to

15:29:06 do with the way things work, and they are saying that

15:29:09 things are getting better.

15:29:11 I do know there's been at least two other bars that

15:29:15 they are railing against that have been added to the

15:29:18 immediate neighborhood since then.

15:29:20 And if you look at it, I think we all know the property

15:29:22 value on the south side of Kennedy is higher than the

15:29:25 property value on the north side of Kennedy.

15:29:27 As you look at it that way, the one thing, the south

15:29:32 side has that the north side doesn't is restaurants

15:29:34 like this.

15:29:35 The issues within the cut throughs, the issues with the

15:29:42 speed bumps thatch they want on north "A," that is

15:29:46 present regardless of what happens with this

15:29:48 restaurant.

15:29:49 Those are issues that are there, that are completely

15:29:51 independent of nothing to do with this restaurant.

15:29:54 There are mechanisms in place that if followed will

15:29:58 prevent almost everything that they have concerns

15:30:01 about.

15:30:03 They are noise ordinance violations that are there,




15:30:05 whether it is a bar, whether it is an apartment

15:30:08 complex, whether it's a church.

15:30:10 If there's somebody making noise late at night, there

15:30:12 are vehicles to address that, not just simply say, we

15:30:17 should never let anybody do that.

15:30:21 The first speaker, I think, summed it up pretty

15:30:26 succinctly, and I wrote it down.

15:30:30 He says, I don't give a crap about the whole City of

15:30:33 Tampa.

15:30:34 And I think if we focus completely on just the

15:30:37 neighborhoods, you will never find somebody who says,

15:30:41 yes, I think that's a good idea.

15:30:43 But I was here the last time, and I believe a lot of

15:30:47 the argument was you, being the City Council, are there

15:30:51 to protect them.

15:30:54 And if that is his argument, my question is, who is my

15:30:57 City Council?

15:30:59 Because he said he's gotten rid of the street people.

15:31:13 Am I a street people?

15:31:15 And if that is the case, who do I get to talk to?

15:31:19 Who do I come to say, hey, I think this is a great

15:31:22 idea, I think it's great for the economy.




15:31:24 I understand their concerns.

15:31:26 But I think if those things are issues, there are ways

15:31:30 to address it.

15:31:31 You can shut them down for being noisy.

15:31:33 (Bell sounds).

15:31:34 >>THOMAS SCOTT: Thank you, sir.

15:31:35 Next speaker.

15:31:35 >> My name is Arlene Briggs.

15:31:41 I live at 2504 west "A" street unit B.

15:31:48 My home and my entrance to it is right on the alley,

15:31:52 right exactly behind, I think it's the Kennedy MRI

15:31:59 building which is right adjacent to where this building

15:32:03 --

15:32:06 >> Rose MRI.

15:32:07 >> And the reason I want my home built there is because

15:32:09 it was a nice, safe, quiet neighborhood, and I don't

15:32:12 see that putting a sports bar, not just a restaurant,

15:32:17 but a sports bar in the neighborhood is going to keep

15:32:20 it that way.

15:32:21 Sports bars have different connotations than

15:32:24 restaurants do.

15:32:26 And as far as the first speaker saying that he didn't




15:32:30 care a crap about the rest of the city, he wasn't

15:32:32 referring in general, he was talking about the

15:32:35 locations of the different liquor establishments that

15:32:39 are there now.

15:32:40 There are so many, there really doesn't need to be

15:32:44 another one put there.

15:32:47 The neighborhood has gotten safer.

15:32:50 People have been calling the police when we see drug

15:32:53 deals happening down the street on our corner.

15:32:58 And that has decreased.

15:33:00 So we are trying to improve the neighborhood, but if my

15:33:05 access is blocked to my home and my neighbor's access

15:33:08 is blocked to their home, and we have to come in and

15:33:15 out there and we can't see if there's a solid wall, the

15:33:17 noise will reverberate through our homes, and even just

15:33:22 the bass music, that bump, bump, you heard it when you

15:33:27 pull up to a stop sign and somebody else in next to you

15:33:30 has this rap music going and it is twice as bad.

15:33:33 We had neighbors down the street who play music loud

15:33:37 outside all hours of the night and they were almost a

15:33:39 block away, and we could still hear them and have to go

15:33:42 down and ask them to turn it down.




15:33:44 So farce as far as the noise and the commotion and the

15:33:46 type of building this is going to be, I don't think it

15:33:53 would be good for the neighborhood.

15:33:54 Now, the gentleman was talking about it would help his

15:33:57 business.

15:33:58 Well, you know, I'm sorry, his business is not doing as

15:34:01 well as he would like, but none of us are doing as well

15:34:04 as we would like.

15:34:06 I don't see how putting a sports bar there is going to

15:34:09 improve my quality of life or his business.

15:34:12 And I would really like you to vote against it.

15:34:15 Thank you.

15:34:15 >>THOMAS SCOTT: Thank you, ma'am.

15:34:21 >> I live at 2502 west north "A" street.

15:34:24 >>GWEN MILLER:

15:34:25 >>LINDA SAUL-SENA: Speak a little louder.

15:34:27 >> Alleys Gonzalez, 2502 north "A" street.

15:34:32 I'm a homeowner.

15:34:33 My major concern is noise and traffic.

15:34:35 I'm a registered nurse.

15:34:36 I'm working on my masters in anesthesia and am a

15:34:40 anesthesia provider.




15:34:41 I currently take a 24 hour every other week and I know

15:34:46 I can definitely hear the noise coming from the

15:34:48 restaurant.

15:34:48 That's my major concern is noise and traffic.

15:34:50 >>THOMAS SCOTT: Thank you.

15:34:51 >> DeSoto Scott Findley, 2502 north "A" street.

15:35:01 And the big issue is noise complaints.

15:35:06 >> What was your last name?

15:35:10 >> Findley.

15:35:10 >> We just couldn't hear it.

15:35:12 >> Oh, okay.

15:35:14 And so essentially it's going to be noise issues.

15:35:17 There's parking.

15:35:18 A gentleman mentioned Ceviche.

15:35:22 I have been there a few times.

15:35:23 And what I do is park in front of someone's house and

15:35:26 walk.

15:35:27 I don't use the valet parking.

15:35:29 So that will also happen in my neighborhood.

15:35:32 And I just don't want more noise in my neighborhood and

15:35:44 additional parking constraints.

15:35:53 >> Mr. Chairman, before you get to rebuttal because




15:35:55 there were some issues raised with your expert staff

15:35:57 objections in this case, I would like to have them have

15:36:00 the opportunity to address or more fully explain why

15:36:03 they are objecting to the reduction in parking spaces

15:36:06 in light of the parking agreements, as well as why they

15:36:08 are objecting to the ingress-egress to local roads when

15:36:12 an issue is brought up in the one a year ago.

15:36:20 >> Thank you very much.

15:36:21 >> Just the first objection to the reduction in

15:36:24 parking.

15:36:26 That is based on this use adding an additional 403

15:36:32 trips to.

15:36:34 Currently Kennedy and N that vicinity is operating at a

15:36:37 level of service "B," which is beyond capacity.

15:36:44 This would force trips through the neighborhood, which

15:36:47 is a concern of the neighbors obviously, and of

15:36:50 transportation.

15:36:52 As for the other establishment that he brought up, that

15:36:55 we did not object to local streets, one of them on the

15:37:01 south of Arrawana, I think it's called the bistro.

15:37:06 I'm not sure what it is.

15:37:08 It was a restaurant use going to a restaurant use,




15:37:10 which is not adding additional trips onto the roadway.

15:37:14 The driveway accessing Arrawana already existed so

15:37:18 there was no need for us to object to that use that

15:37:23 came in for alcohol at that time.

15:37:25 Also, about the access to the local street.

15:37:39 This site, we do acknowledge that it would be better if

15:37:43 the site had ingress and egress off of Arrawana and

15:37:47 exited onto Kennedy but it does not eliminate the fact

15:37:50 that they will be cutting through the neighborhood to

15:37:54 get to other streets.

15:37:57 And also about the speed bumps.

15:37:59 Some of the neighbors mentioned that they haven't

15:38:00 received speed bumps.

15:38:02 I spoke with traffic calming and the reason why those

15:38:04 speed bumps weren't installed is because after their

15:38:08 study was done, the volume of traffic that would be

15:38:10 needed to install speed bumps was not met.

15:38:14 It was a threshold of, I think, at least 800 trips and

15:38:18 that was not met at the time.

15:38:21 >>THOMAS SCOTT: Thank you, sir.

15:38:23 We have a five-minute rebuttal from the petitioner.

15:38:27 Five minutes.




15:38:27 >> Vin Marchetti for the record.

15:38:32 I am going to have Mike address very quickly the

15:38:34 transportation.

15:38:34 I wanted to mention, however, I disagree with Lennon

15:38:38 this your local access.

15:38:40 Your code 246-J-1 clearly says the code requires

15:38:44 ingress and egress to nonresidential parking lots to

15:38:49 arterial or collector road streets.

15:38:51 The same applied across the street, yet they failed to

15:38:54 object to it.

15:38:54 >>JOHN DINGFELDER: Excuse me, Mr. Chairman, can I ask

15:38:58 legal a question before they start the rebuttal?

15:39:00 Because in --

15:39:01 >>THOMAS SCOTT: They have a couple of minutes now.

15:39:03 So why don't we let them finish the rebuttal.

15:39:05 Let's get through with them.

15:39:06 >>JOHN DINGFELDER: My only concern is they might want

15:39:09 to rebut what I --

15:39:14 >>THOMAS SCOTT: Go ahead.

15:39:14 >>JOHN DINGFELDER: Hold your clock, Rebecca, if I

15:39:20 could.

15:39:21 I'm a little confused about where we are on this




15:39:23 off-site parking and that's why I wanted to get your

15:39:26 response down, and then that way Mr. Marchetti can

15:39:29 speak to it.

15:39:32 They provided as part of their record some cross

15:39:35 parking agreements with the adjacent property owners.

15:39:39 And I was just wondering how we, staff, legal,

15:39:44 precedent, what have you, how we address those

15:39:49 additional parking spaces that are off-site.

15:39:53 I noticed in one of them they have a five-year

15:39:55 agreement.

15:39:57 If any wet zoning runs forever, the disagreement lapses

15:40:01 in five years.

15:40:01 I don't know how we deal with this.

15:40:03 >>REBECCA KERT: Since they are asking for a waiver,

15:40:09 the specific special use -- let me start over.

15:40:14 All waivers that you review are considering granting a

15:40:18 special use process are to be weighed against the

15:40:20 general consideration for which you we all special

15:40:24 uses.

15:40:24 That is if you grant the waiver, if it's still

15:40:26 compatible, is it still knotted adverse to the public

15:40:30 interest, and also listed all the criteria are in fact




15:40:33 listed on your staff report.

15:40:35 So you are in fact judging the waivers against the

15:40:41 general criteria. Once the waiver is granted, the

15:40:44 waiver is granted along with the special use request.

15:40:50 When somebody submits a justification for their waiver,

15:40:55 parking agreement, as you said, this parking agreement

15:40:59 is limited time and they are not required, we have no

15:41:01 other requirement for them to continue to be -- once

15:41:04 you grant the waiver, the waiver is there regardless of

15:41:06 whether or not they have the parking agreement.

15:41:08 I believe that you have been advised previously that

15:41:10 you can consider parking agreements as mitigation, but

15:41:16 with the understanding that the parking agreements are

15:41:19 not required to be there.

15:41:20 There is a process to seek out administrative waivers,

15:41:25 reduction in parking but not the process therein.

15:41:27 So since this is the process that came in, they need to

15:41:32 prove they are you still consistent with the five

15:41:34 general criteria.

15:41:35 If you reduce the parking to the level that it is.

15:41:38 >>JOHN DINGFELDER: So I guess let's say they quit

15:41:44 paying the adjacent property owner whatever fee they




15:41:48 are paying them to park.

15:41:50 The city couldn't go after that adjacent parking or lot

15:41:56 owner to enforce that as related to this zoning,

15:41:59 correct?

15:42:00 >>REBECCA KERT: That's correct.

15:42:01 Because once you grant the waiver, they are no longer

15:42:03 short of parking.

15:42:05 And I believe it would be possible to consider these

15:42:09 parking agreements that are in effect evidence that

15:42:11 there is other available parking.

15:42:13 But they are not required to have access to that if you

15:42:17 grant the waiver.

15:42:17 >>THOMAS SCOTT: Any other questions, council?

15:42:24 How much time?

15:42:25 >>THE CLERK: Still have 4 minutes 33 seconds.

15:42:29 >>THOMAS SCOTT: 4 minutes 33 seconds, Mr. Marchetti.

15:42:31 >> Mike raiser, traffic engineer.

15:42:36 Staff indicated that Kennedy Boulevard is failing.

15:42:38 That may be correct between the hours of 5 and 6:00

15:42:40 when it experiences peek traffic load.

15:42:43 The proposed site is proposed to open at 6:00 when

15:42:46 traffic volumes fall but 25%.




15:42:49 Therefore we expect to the fall continuously afterwards

15:42:53 with the highest load on Kennedy between 5:00 and 6:00.

15:42:57 Thank you.

15:42:57 >> Jest let us know when one minute remains.

15:43:03 Mr. Briggs spoke with licenses removed.

15:43:07 Every one of the petitions I have in my backup, the

15:43:09 legal memorandum, required waivers as against other

15:43:12 alcoholic beverage establishments.

15:43:14 Page 3 of my legal memorandum talks about testimony in

15:43:18 opposition is not a legal basis for denying an

15:43:21 application, but you have to have competent substantial

15:43:23 evidence in the record to do so.

15:43:26 Many people spoke about criminal activity, police

15:43:30 department had no objection.

15:43:35 A couple people, Mr. Sapp and Mrs. Sapp, spoke about

15:43:38 public streets, north "A," I guess, and Arrawana, their

15:43:41 inability to access the property.

15:43:43 Their properties, two lots in, three lots in on north

15:43:46 "A" from the intersection of Arrawana and north "A."

15:43:54 Also it's a public street, of course.

15:43:56 Noise and traffic were discussed.

15:43:57 Again I go back to nonexpert opinion and testimony.




15:44:01 I'll also state for the record I disagree with the city

15:44:04 attorney's office opinion on parking agreements.

15:44:06 They are valid, sufficient agreements.

15:44:08 However, if you would like to condition this request to

15:44:10 state that parking agreements for those members need to

15:44:15 remain in place for the term of this 4(COP-R), we are

15:44:18 willing to accept that condition.

15:44:23 If not in place we lose the "R."

15:44:27 >> I know Mr. Briggs and the neighborhood went through

15:44:29 some really bad times with Joe Redner being in with

15:44:33 Renes.

15:44:33 I'm not Joe Redner.

15:44:35 I'm an attorney.

15:44:36 I have been here for 17 years.

15:44:40 I'm looking to open a legitimate business here.

15:44:43 And I've seen 27 come through, I have seen bungalow

15:44:49 come through and they have got this very same thing.

15:44:51 And I need somebody to explain to me what's the

15:44:55 difference?

15:44:56 I need someone to explain that to me.

15:44:57 And I don't see the difference.

15:44:59 The last time I was here, two council people told me




15:45:03 consider an "R."

15:45:04 I've done that.

15:45:04 And put significant money into coming back before

15:45:08 council to get it.

15:45:08 >>THOMAS SCOTT: Mr. Marchetti, are you finished?

15:45:19 How much time?

15:45:20 >>THE CLERK: He he's 1 minute 47 seconds.

15:45:24 >>THOMAS SCOTT: 1 minute 47 seconds.

15:45:27 I know you are an attorney.

15:45:28 >> Okay.

15:45:29 I'll go back to opposition testimony.

15:45:34 Ms. Avery talked about accidents and criminal activity

15:45:38 again.

15:45:38 Police department referenced no objection.

15:45:40 Mrs. Saul-Sena asked why we didn't change the interior

15:45:53 space.

15:45:56 It's very simple. Couldn't do any more to change it.

15:45:56 Number one.

15:45:58 Number two, has no bearing on the application today.

15:46:03 It still has the same upgraded finishes.

15:46:06 The building will remain as southbound in terms of the

15:46:09 exterior finishes.




15:46:10 The exterior is a solid building.

15:46:12 The only points of ingress and egress are north along

15:46:15 Kennedy, no other points of ingress and egress except

15:46:18 for emergency purposes only.

15:46:22 Again, B.B. is committed to doing commitments which is

15:46:26 a very substantial upgrade to Kennedy Boulevard and his

15:46:29 investment to Kennedy Boulevard.

15:46:32 The other restaurants on Kennedy that have been

15:46:35 approved, Mr. Crumbley talked about the request not

15:46:38 being less than.

15:46:41 Our application is different and less than the other

15:46:44 ones approved including the one this afternoon.

15:46:47 This 1052 included your first reading today, and you

15:46:50 approved first reading with the same sort of

15:46:52 substantial waiver request to residential so we should

15:46:55 be no different.

15:46:56 Thank you.

15:46:56 >>THOMAS SCOTT: I recognize Mr. Miranda.

15:47:01 >>CHARLIE MIRANDA: You wanted to say something?

15:47:04 >> Let me just say to everybody here and I want to say,

15:47:10 one gentleman said who represents him, you have to

15:47:11 understand that these are quasi-judicial proceedings,




15:47:15 and this council under the law has to hear everybody

15:47:18 and has to hear both sides and has to make a decision

15:47:21 based upon the finding of fact.

15:47:26 So to that gentleman, to the speaker, council has to

15:47:29 hear you, has to hear those for, those in opposition,

15:47:32 weigh the facts coming before us.

15:47:34 So I just want to make sure that you understand that.

15:47:37 It is not that council hears one side and that's it.

15:47:41 We have to hear both sides and weigh the evidence.

15:47:43 >>CHARLIE MIRANDA: I hope I can collect all my

15:47:45 thoughts because there are so many things happening

15:47:47 here so quickly.

15:47:49 Let me also say that this morning we turned down an

15:47:52 alcohol zoning or sale in a grocery store on 22nd

15:47:58 street.

15:47:59 And let me also say that I'm not a lawyer and I'm not a

15:48:02 judge.

15:48:03 And you don't know what all these cases are.

15:48:05 And if I was a lawyer and I was a judge, I would have

15:48:07 to look them up.

15:48:14 Business plan.

15:48:15 I don't know what happened, how it happened, but you




15:48:19 made a statement earlier, someone did, that we bought

15:48:21 this land.

15:48:24 Well, I can't pass or deny an alcohol beverage zoning

15:48:29 on the premise that I spent a lot of money buying

15:48:32 another piece of property.

15:48:34 That was your gain or to your detriment.

15:48:38 And I guess I'm looking at -- I'm making assumptions

15:48:43 here now, that an individual that owns this is a group

15:48:46 of 40 clients that are mainly in the athletics of this

15:48:47 country. That's all that I can say if I am reading

15:48:56 this, but that is no reason to approve or deny.

15:49:00 But I read this and I tell myself, am I listening to a

15:49:04 presentation on an appeal?

15:49:07 Is that what I am listening to?

15:49:09 Because they are saying about these other properties

15:49:16 that were given alcohol license zonings.

15:49:19 Let me tell you about Charlie Miranda.

15:49:20 I can only speak about me.

15:49:22 What happened happens.

15:49:23 What happens does not happen.

15:49:26 Meaning this: Every one that I vote on is based on the

15:49:29 merits as presented to me.




15:49:31 And I'm sure -- I can't speak for them, but I assume

15:49:35 the colleagues do the same thing.

15:49:39 You know, sometimes I sit here and there's 40 people

15:49:42 for something and one against.

15:49:45 And I vote for that one.

15:49:48 Sometimes there's 40 people against and one for, and I

15:49:53 vote for that one.

15:49:57 That's what I was elected to do, either lead, follow,

15:50:00 or get out of the way.

15:50:01 That's what Lee Iacocca said. I try to do two of the

15:50:04 three.

15:50:05 It's up to you to decide which ones.

15:50:08 But when I get this, the hours of operation, you were

15:50:13 here when I said, it's not your fault.

15:50:16 You're saying this is us.

15:50:18 We changed this a year ago or year and a half ago, and

15:50:21 if there was a restaurant, they closed at 3:00 in the

15:50:29 morning.

15:50:29 The mistake is not yours, it's ours.

15:50:32 I say that to the petitioner and to the neighborhood.

15:50:35 We change this, and at that time I told you, you are

15:50:37 going to make 2500 restaurants bars.




15:50:47 And in making change or making improvement, we did

15:50:50 that.

15:50:50 So what I'm saying is that the location, the size, if

15:50:59 this is to be successful, the location is not the right

15:51:06 size, Kennedy is presented by our traffic department is

15:51:11 already at "E."

15:51:15 I believe those are the grades I used to get in high

15:51:17 school.

15:51:18 And my mother said, what is that he's for?

15:51:22 I said excellente.

15:51:24 She didn't speak English and I told her it was

15:51:26 excellent.

15:51:27 So an "E" means failure.

15:51:30 The road is in the tipping of failure.

15:51:33 So what I am saying is that these things all taken into

15:51:37 consideration, the ingress and egress through an alley.

15:51:44 Is it normal?

15:51:45 No.

15:51:45 Is it used from time to time?

15:51:47 Yes.

15:51:49 So it is a building that has potential use, but I don't

15:51:59 think it has potential use for this type of




15:52:02 conditioning and use.

15:52:05 That's just me.

15:52:06 I'm going to wait till the other council members speak

15:52:10 and then see what happens.

15:52:12 But it was presented to me in a great case like on

15:52:16 appeal.

15:52:17 Look what the case of Broward did.

15:52:19 Look what the case of so-and-so did.

15:52:21 I don't even remember what was said, there were so many

15:52:23 things that were presented.

15:52:24 Broward versus GBB, Duval Planning, inconsistency, 61%

15:52:33 reduction in parking.

15:52:34 So what we are saying here is a record for appeal, not

15:52:39 a record.

15:52:39 We are a quasi-board.

15:52:40 We are not judges.

15:52:43 Not that I would really understand what a judge does.

15:52:46 I don't believe we do, except maybe one.

15:52:51 Mr. Scott.

15:52:52 See, I got you, Mr. Dingfelder.

15:52:54 So what I'm saying is -- and these things, all hearings

15:52:59 that come before us, whether it is for a package store,




15:53:04 or beer and wine and a grocery store, they are all

15:53:08 different.

15:53:09 These zonings have been denied because there were two

15:53:12 feet or three feet different from what the original

15:53:14 plans call for in the future.

15:53:16 And one of those was a CVS.

15:53:20 And guess what.

15:53:21 I think they are coming back and making some changes on

15:53:24 their own.

15:53:25 So what I'm saying is, whoever made the commitment,

15:53:30 whoever bought this land to make the commitment is the

15:53:34 one responsible for this hearing being today.

15:53:37 Not the ball players here.

15:53:41 They only made the investment.

15:53:43 And in baseball if you hit 3 out of 10, you make $10

15:53:47 million a year, and that's wonderful.

15:53:51 In here we try to be as perfect as we can.

15:53:54 We aren't always 100 percent correct, but we try to

15:53:57 play within the bounds of the game.

15:54:01 Thank you, Mr. Chairman.

15:54:02 I'll reserve some time for later.

15:54:04 >>THOMAS SCOTT: Any other questions by council?




15:54:07 Do we have any questions of staff, council?

15:54:10 Then we will close the public hearing.

15:54:12 >>GWEN MILLER: Move to close.

15:54:14 >>LINDA SAUL-SENA: Second.

15:54:14 >>THOMAS SCOTT: Moved and seconded.

15:54:15 All in favor signify by saying Aye.

15:54:18 What's the pleasure, council?

15:54:23 Councilwoman Saul-Sena.

15:54:23 >>LINDA SAUL-SENA: I move to deny this request on the

15:54:29 grounds laid out in the staff recommendation.

15:54:33 The staff said that it was inconsistent for the

15:54:36 following reasons.

15:54:37 There were a number of waivers requested that were

15:54:44 vehemently objected to by staff.

15:54:46 The first was section 27-242, request to reduce the

15:54:50 required parking spaces from 46 to 18 spaces.

15:54:54 The second was a transportation waiver, section

15:54:57 27-246-J-1, allow non-residential access to a local

15:55:03 street, Arrawana.

15:55:06 Then there were several other incompatibilities

15:55:09 identified such as the required distance separation

15:55:11 from 1,000 fate to 26 feet for residential uses,




15:55:17 27-272, the reduction of the minimum distance

15:55:21 separation from 1,000 fate to 98 feet, for other

15:55:24 establishments selling alcoholic beverages.

15:55:26 We heard competent substantial evidence by neighbors

15:55:30 who identified these concerns, and for those reasons

15:55:34 that were on the record, I move for denial.

15:55:36 >>THOMAS SCOTT: Is there a second?

15:55:39 >>JOHN DINGFELDER: Second.

15:55:46 Here is my biggest concern.

15:55:48 And it's a repeating concern, or a regular concern of

15:55:54 mine, and it has to do with mitigation.

15:55:59 I think these gentlemen who want to propose this sound

15:56:03 like good upstanding folks with experience and that

15:56:07 sort of thing.

15:56:08 But the problem is, what can they guarantee is going to

15:56:12 be at this location 10, 15, 20 years from now?

15:56:15 They can't guarantee anything, because they can just

15:56:19 sell it.

15:56:19 They can sell it tomorrow.

15:56:21 And all of these wonderful documents and promises that

15:56:25 we have been provided and the neighborhood has been

15:56:27 provided don't stand for anything once we grant the wet




15:56:32 zoning there's no more guarantees that you will be the

15:56:35 one running it, and that it will be your dream.

15:56:40 Even though it might.

15:56:41 But as you know as a lawyer, it's important that we

15:56:46 look at the worst case scenario.

15:56:49 The reality is these folks are there for the long-term,

15:56:52 and that is their neighborhood.

15:56:54 And they have given plenty of factual testimony of that

15:57:04 this use is inconsistent and incompatible with their

15:57:07 neighborhood.

15:57:10 Linda did a good job of speaking to the traffic,

15:57:13 parking, noise, light, as well as the staff objections,

15:57:22 ingress, egress, et cetera.

15:57:30 I wish it wasn't the case.

15:57:32 I wish that these approvals went with the person who

15:57:35 came in front of us making the promises, because then

15:57:38 we could evaluate them based upon the assurances and

15:57:41 the mitigation that you provided to us.

15:57:43 But that's not the way it works.

15:57:44 Once we approve it, the approval goes with the land

15:57:48 forever.

15:57:49 And frankly that's what's happened on the Kennedy.




15:57:52 I think -- I don't recall us ever approving that

15:57:55 project.

15:57:56 That project has probably been there forever.

15:58:00 And the same thing with the other one on Howard that

15:58:03 caused us problems.

15:58:06 And that's what happened, is when they are there

15:58:07 forever they start transitioning into louder and more

15:58:12 difficult uses.

15:58:13 So with all due respect for the good folks who have

15:58:17 been in favor of this, and their attorney who did a

15:58:20 great job, I'm going to support the motion.

15:58:21 >>LINDA SAUL-SENA: Our attorney suggested that I

15:58:28 identify some other sections of the code to create a

15:58:31 strong record, so if I may.

15:58:33 Section 27-269 general standards, number 1, the use

15:58:39 will not ensure the public health, safety and general

15:58:41 welfare if located where proposed and developed and

15:58:45 operated according to the plan as submitted.

15:58:47 Number 3, the use is not compatible with contiguous and

15:58:52 surrounding property or the use as a public necessity.

15:58:55 Number 5, the use will encourage more intensive or

15:58:59 incompatible uses in the surrounding area.




15:59:02 I would like to speak for one moment to Kennedy

15:59:04 Boulevard.

15:59:04 I would love you all to do a restaurant on Kennedy in a

15:59:07 place with adequate parking.

15:59:09 I think that would be great.

15:59:10 The plans are beautiful.

15:59:13 And I have worked for over 20 years -- 24 to be exact

15:59:16 -- on the redevelopment of the Kennedy corridor, and

15:59:20 I'm very proud of the reinvestment along it.

15:59:23 And we have many place as long the street where you

15:59:26 have enough depth so that you can have adequate parking

15:59:30 and significant separation from the adjacent

15:59:32 residential uses, and I would encourage or welcome your

15:59:37 development there because it's a great street, and I

15:59:40 think what you are proposing is a wonderful use.

15:59:44 I think this particular site is just not adequate to

15:59:48 meet your ambitious plans.

15:59:50 And I'm sorry, but I move for disapproval.

15:59:52 >>THOMAS SCOTT: Moved and seconded.

15:59:55 All in favor of the motion of denial signify by saying

15:59:59 Aye.

16:00:00 Opposes?




16:00:02 >>THE CLERK: Caetano and Miller voting no and Mulhern

16:00:06 being absent.

16:00:06 >>LINDA SAUL-SENA: Mr. Chairman, I have a question.

16:00:17 >>THOMAS SCOTT: Yes.

16:00:17 >>LINDA SAUL-SENA: We had scheduled for our meeting

16:00:20 next week --

16:00:22 >>JOHN DINGFELDER: The project was denied.

16:00:23 >>LINDA SAUL-SENA: We have scheduled a discussion

16:00:26 during our workshop at 10:00 of signage.

16:00:38 During our workshop session at 10:00, we scheduled the

16:00:45 discussion of the digital billboard, and one of the

16:00:50 things we are waiting for is to see what was going on

16:00:53 at a federal level, and my understanding is the federal

16:00:58 government has not completed their study.

16:01:00 So I was wondering if it would be okay with you all if

16:01:03 we put off this workshop until our June workshop.

16:01:06 >> Second.

16:01:10 >>LINDA SAUL-SENA: I should be done by then.

16:01:11 >>THOMAS SCOTT: Moved and seconded.

16:01:13 All in favor?

16:01:15 >> Did you want to speak to it?

16:01:16 >>JULIA COLE: Legal department.




16:01:18 I didn't even actually realize it when I sent a

16:01:22 memorandum with the proposed digital sign order answer,

16:01:25 that what you have scheduled for next week is really

16:01:28 two things, a workshop schedule.

16:01:29 But you also have the ordinance that was previously

16:01:32 submitted scheduled as a separate item for that

16:01:35 evening, so you have both an ordinance and a workshop.

16:01:40 >>LINDA SAUL-SENA: It's not an evening.

16:01:42 >>JULIA COLE: No, it was during the day, but both of

16:01:44 those items were scheduled to move forward on next

16:01:47 week.

16:01:48 >>LINDA SAUL-SENA: Do you have a problem with me

16:01:50 pushing it off till June till we get more definitive

16:01:52 information from the feds on their big study about

16:01:55 prosecutor digital billboards distracting?

16:01:59 >>JOHN DINGFELDER: That was the purpose for setting it

16:02:01 for April.

16:02:01 >>CHARLES FLETCHER: Our deadline for the agreement is

16:02:06 May.

16:02:06 Our schedule was to try to get council to give an

16:02:09 indication one way or the other by that time frame.

16:02:13 >>JOHN DINGFELDER: Whose schedule?




16:02:15 >> The settlement.

16:02:16 >>JOHN DINGFELDER: You said our deadline.

16:02:19 >>THOMAS SCOTT: The city's deadline.

16:02:20 >>JOHN DINGFELDER: No.

16:02:21 It's not a deadline.

16:02:22 I mean, it says they have the option period.

16:02:28 That's not a deadline.

16:02:29 >>CHARLES FLETCHER: Or the other part of this

16:02:35 agreement is to make informed decision on where the

16:02:38 city is going.

16:02:39 It would be helpful to have an indication by council as

16:02:41 to whether it was intended to go forward or not prior

16:02:46 to that option period expiring.

16:02:49 >>LINDA SAUL-SENA: Well, I feel like the federal study

16:02:51 on the danger presented or not by digital billboards,

16:02:58 the distractibility factor, is really important, and

16:03:01 that for us to make an excellent decision, we need to

16:03:03 have excellent information which is not available as we

16:03:08 thought it would be in April.

16:03:08 >> The study that is expected will not have exclusive

16:03:16 resolution.

16:03:16 >> But it will have lots of information that are we




16:03:18 don't currently have.

16:03:19 Even with the time frame when we should be able to get

16:03:22 this study?

16:03:24 >> I cannot advice you on that.

16:03:26 They keep extending it.

16:03:27 >>THOMAS SCOTT: My concern is the city attorney made

16:03:31 us aware the deadline we have for the settlement has to

16:03:35 be May and I'm concerned about that as well.

16:03:38 It is my understanding that T.H.A.N. has signed off on

16:03:43 this agreement.

16:03:44 Is that right?

16:03:45 >> no.

16:03:45 >>CHARLES FLETCHER: The representation that I am aware

16:03:47 of although not directly to me is that their position

16:03:50 is that with the changes that were made, they are not

16:03:55 opposed.

16:03:57 They are supporting -- not that they are supporting it,

16:04:01 but that's what I have been told.

16:04:02 >>THOMAS SCOTT: Councilman Dingfelder.

16:04:04 >>JOHN DINGFELDER: I think its a mischaracterization,

16:04:08 a dangerous one, oh to say we have a deadline to enact

16:04:11 an ordinance, okay, because for one, the settlement




16:04:16 agreement as I remember specifically says that there is

16:04:18 no requirement to enact an ordinance, a digital

16:04:22 ordinance.

16:04:23 Didn't we have that language in the settlement

16:04:25 agreement?

16:04:26 >>CHARLES FLETCHER: That's correct.

16:04:28 Separate actions.

16:04:29 >>JOHN DINGFELDER: So we don't have a deadline to

16:04:32 enact a digital ordinance.

16:04:33 What it says in there is that they have an opt-out

16:04:35 period.

16:04:36 If they want to opt out of the settlement agreement and

16:04:38 go back to court, they can do that.

16:04:40 They could have done that anytime between now and May,

16:04:46 is it?

16:04:48 >> I ma believe it is May 10th or 15th.

16:04:52 >> So that's their option period.

16:04:53 And I am not trying to drag my feet butt the whole

16:04:56 point of us putting this discussion off until April is

16:04:59 so we can get the federal report and seep what the feds

16:05:01 say about the safety of these signs.

16:05:03 How much they are distracting, if they are distracting




16:05:07 drivers, and how much they are distracting drivers.

16:05:09 >>LINDA SAUL-SENA: I have a compromise.

16:05:11 >>THOMAS SCOTT: Okay, but let me just say this.

16:05:14 We don't know when the federal study is going to come

16:05:16 out.

16:05:16 You don't have no idea, right?

16:05:18 It may not come out this year.

16:05:19 We don't know.

16:05:20 That's number one.

16:05:21 Number two, councilman Dingfelder, with all due respect

16:05:23 we need to allow legal counsel who represents the city,

16:05:27 okay, because that's number two.

16:05:29 Number three is, you ask K always still have the

16:05:32 workshop.

16:05:33 There's nothing that precludes you from having the

16:05:35 workshop.

16:05:36 And so my position is that we should still stick with

16:05:40 the workshop.

16:05:41 Even if you don't take any action you should still

16:05:44 stick with the workshop.

16:05:45 >>LINDA SAUL-SENA: I would like to suggest something

16:05:46 that perhaps might be useful.




16:05:48 Council has a community redevelopment meeting agency

16:05:51 regular session on May 13th, and you said the

16:05:54 15th was --

16:05:56 >>CHARLES FLETCHER: I believe it's the 10th, give

16:05:58 or take a day.

16:05:58 >>LINDA SAUL-SENA: My suggestion was going to be that

16:06:05 we hold it until the 13th in hopes that maybe the

16:06:08 feds get their information out.

16:06:12 I was thinking after the CRA meeting like at 11:00 P.

16:06:17 >> If council's desire is to wait until we have further

16:06:20 study, council can take that position.

16:06:22 To have an expectation that a federal study is going to

16:06:24 finally resolve that issue, I would just caution

16:06:28 against that, because typically what happens is these

16:06:31 studies come out to folks that are -- they have share

16:06:38 shots at it and the folks that are anti-sign have their

16:06:41 shots at it.

16:06:42 That's typically what happens here.

16:06:43 To address that issue, we have incorporated in the

16:06:46 draft that we provided to you all last week that if the

16:06:50 state moves their standards, then we would move with

16:06:54 that standard.




16:06:54 So that is what we felt was the reasonable way of

16:06:57 addressing that issue.

16:06:59 There is not really federal standard.

16:07:00 We do have a state standard that we can key off of.

16:07:03 >>JOHN DINGFELDER: What if for argument sake the

16:07:08 federal study says these are distracting and dangerous,

16:07:12 period?

16:07:17 Not how often they are changing, lighting intensity,

16:07:20 period.

16:07:21 And the other thing is, have you all been in touch with

16:07:24 the feds to see what the status of that is?

16:07:26 >>CHARLES FLETCHER: Every month it seems to be a

16:07:29 different date.

16:07:30 That's why I hate to say it will be here or there.

16:07:33 >>JOHN DINGFELDER: When is the last time we talked to

16:07:36 them?

16:07:36 What did they say?

16:07:37 >>CHARLES FLETCHER: At one point we were hearing

16:07:42 August.

16:07:43 Now they are saying late summer.

16:07:44 I don't know if those are different or not.

16:07:46 At one point it was John.




16:07:48 So at this point the most recent information is, quote,

16:07:50 late summer.

16:07:51 >>LINDA SAUL-SENA: I have one more question.

16:07:54 >>THOMAS SCOTT: Well listen, listen.

16:07:56 We delay everything else for this workshop.

16:07:59 We pushed everything so we can have enough time for

16:08:02 this workshop.

16:08:03 I think we should go ahead with the workshop.

16:08:07 >>JOHN DINGFELDER: Taking it one step further and

16:08:08 saying not only do they want a workshop but they want

16:08:11 to bring first reading to the workshop.

16:08:13 >>THOMAS SCOTT: Well, they can bring it but you don't

16:08:15 have to be tab any action.

16:08:16 You have to keep in mind then don't make the decision.

16:08:18 This council makes the decision.

16:08:19 They can bring it, but this council makes the decision.

16:08:22 >>JOHN DINGFELDER: I would like to make a decision

16:08:25 that we are going to have a work shop to talk about it

16:08:28 and at the workshop if we decide to set it for public

16:08:30 hearing then it's our decision to set it for public

16:08:32 hearing whatever date we choose to, not, with all due

16:08:35 respect, not when legal brings it at the workshop.




16:08:38 >>CHARLES FLETCHER: The original motion was continued,

16:08:42 the ordinance that was before you.

16:08:44 So you have an ordinance before you if you want to

16:08:46 workshop it, that's fine.

16:08:48 If you want to act on it, that's within council's

16:08:50 prerogative.

16:08:52 It's up to you all how to proceed at that point.

16:08:54 >>MARTIN SHELBY: If I can, just a clarification, and

16:08:59 Ms. Cole researched this and it's been confirmed with

16:09:01 the clerk that the time that the workshop was set, the

16:09:05 ordinance, the original ordinance for the digital

16:09:07 billboards was carried along with it.

16:09:10 And of course now that there's a substitute ordinance

16:09:12 which has been filed, but these how it ends up as

16:09:16 having the first reading on the workshop date, because

16:09:19 I believe that was as a result of the way the motion

16:09:21 was phrased.

16:09:22 >> If council chooses not to take action.

16:09:28 >> I'm not an attorney, so, you know.

16:09:34 >>LINDA SAUL-SENA: Okay.

16:09:38 Uncle.

16:09:39 >>THOMAS SCOTT: Okay.




16:09:41 So we move forward with the workshop.

16:09:43 And the substitute ordinance.

16:09:45 >>MARTIN SHELBY: With all due respect, there is a

16:09:54 motion and second on the floor.

16:09:55 >>LINDA SAUL-SENA: What I would like to do with my

16:09:57 motion is this.

16:09:58 I understand that everybody wants to move forward with

16:09:59 the workshop.

16:10:00 I know for a fact that I will not be able to attend the

16:10:03 April 22nd meeting.

16:10:04 So if this is to come before us, I would like to

16:10:07 schedule it forth fought first meeting in May, the

16:10:09 first regular council meeting as an ordinance, so that

16:10:13 everybody knows that it's scheduled for them.

16:10:15 >> For first reading at that point?

16:10:18 On May 6th, our first meeting in May?

16:10:20 >>LINDA SAUL-SENA: Yes.

16:10:21 Because that way it will appear on the agenda so people

16:10:23 reading the agenda will say, Oh, billboard ordinance on

16:10:27 our agenda.

16:10:28 Because the Wray you read the workshop here, it

16:10:30 doesn't -- it says discuss, but it isn't clear that




16:10:32 it's an ordinance that we are going to be voting on

16:10:35 first reading.

16:10:36 >>JOHN DINGFELDER: So I'll second your motion which is

16:10:38 to continue the first reading of the digital ordinance

16:10:41 from April 22nd to the first week in May.

16:10:44 >>LINDA SAUL-SENA: That's my motion.

16:10:46 Thank you.

16:10:46 >>MARTIN SHELBY: If I can, rather than continue it

16:10:48 because it hasn't been opened, just reschedule?

16:10:51 Would that be -- reschedule the first reading, but

16:10:54 still have the workshop as scheduled?

16:10:58 >>LINDA SAUL-SENA: Correct.

16:10:58 >> Correct.

16:11:00 >>JOHN DINGFELDER: Okay?

16:11:03 >> The motion then to have the workshop, rescheduled

16:11:05 the first reading to May 6th.

16:11:10 9:00 a.m.

16:11:12 Moved and seconded.

16:11:13 All in favor signify by saying Aye.

16:11:15 Opposes?

16:11:16 >>THE CLERK: You are still having the workshop -- To

16:11:22 clarify, you are still having the workshop?




16:11:25 >> Yes.

16:11:25 >>GWEN MILLER: I would like to make this announcement.

16:11:27 The Hillsborough County neighborhood conference was

16:11:29 held recently, and at the conference southeast Seminole

16:11:32 Heights won two awards, one for their newsletter and

16:11:35 the other for their ice cream social special event, and

16:11:39 the East Tampa community revitalization partnership

16:11:41 also received an award for their outstanding umbrella

16:11:44 group.

16:11:45 I would like to congratulate them by giving them a

16:11:46 commendation.

16:11:47 >>LINDA SAUL-SENA: Second.

16:11:48 >>THOMAS SCOTT: Moved and seconded.

16:11:49 All in favor signify by saying Aye.

16:11:52 Anything else need to come before council?

16:11:54 Motion to receive and file?

16:11:55 >> So moved.

16:11:56 >> Second.

16:11:57 >>THOMAS SCOTT: All in favor signify by saying Aye.

16:11:58 No one from the public wishes to be address council?

16:12:03 Thank you, council.

16:12:04 Very good day.




16:12:04 We stand adjourned.

16:12:06 (City Council meeting adjourned at 4:12 p.m.)

16:12:51



DISCLAIMER:

The preceding represents an unedited version of
realtime captioning which should neither be relied upon
for complete accuracy nor used as a verbatim
transcript.
The original of this file was produced in all capital
letters and any variation thereto may be a result of
third party edits and software compatibility issues.
Any person who needs a verbatim transcript of the
proceedings may need to hire a court reporter.