Help & information    View the list of Transcripts



TAMPA CITY COUNCIL

Thursday, July 29, 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.


00:36:39 >>THOMAS SCOTT: Tampa City Council will now come to

09:02:49 order.

09:02:49 The chair will now yield to Mrs. Capin.

09:02:59 >>YVONNE CAPIN: Good morning.

09:02:59 Today's invocation will be delivered by Dr. Aaron

09:03:03 Smith, Ph.D. retired from the University of South

09:03:05 Florida where he served as a member of the faculty in

09:03:08 the school of social work from 1988 to 2007.

09:03:11 Prior to coming to USF, Dr. Smith served in the

09:03:15 department of family, community and preventive medicine

09:03:18 at Stanford university medical school from 1968 to

09:03:22 1998.

09:03:24 Dr. Smith is a long-time dear friend of mine.

09:03:27 We welcome Dr. Smith and asked him to give today's

09:03:31 invocation.

09:03:32 Please rise and remain standing for the pledge of

09:03:34 allegiance.

09:03:35 >> Dear heavenly father, we bow before you today

09:03:55 thanking you for all your many blessings on us.

09:03:57 Once again we thank you for working and awakening us

09:04:02 this morning and allowing us to arrive here safe and

09:04:05 sound.

09:04:06 To experience another day.

09:04:09 It is because of the services to mankind that is

09:04:14 causing our group this morning to be here to make

09:04:18 things possible for the members of our community.

09:04:22 It's because of the abounding mercy and grace of our

09:04:27 father that we are alive and well and to especially

09:04:31 take care of the business before the council today.

09:04:35 Heavenly father, please give our council persons today

09:04:38 the guidance and wisdom they need as they encounter

09:04:45 their awesome responsibilities to enhance the quality

09:04:47 of life and safety of all citizens of Tampa.

09:04:53 Always be mindful of their individual and collective

09:04:57 responsibilities, and we already know that through you,

09:04:59 all things are possible.

09:05:02 Lord, give them the courage and guidance they need as

09:05:06 they consciously and creatively lead.

09:05:12 Help them, Lord, and sustain them in their efforts to

09:05:18 enrich of lives of families in our community.

09:05:25 All these blessings we ask in Jesus name.

09:05:27 Amen.

09:05:51 >> Thank you, Dr. Smith, for the invocation this

09:05:53 morning.

09:05:54 Roll call.

09:05:54 >>JOSEPH P. CAETANO: Here.

09:05:57 >>YVONNE CAPIN: Here.

09:05:57 >>GWEN MILLER: Here.

09:05:58 >>CHARLIE MIRANDA: Here.

09:06:01 >>CURTIS STOKES: Here.

09:06:02 >>THOMAS SCOTT: Here.

09:06:05 Let's have a motion to adopt the minutes from July 15,

09:06:09 22nd, June 10th.

09:06:11 Is there a second?

09:06:12 Okay, moved by councilman Charlie Miranda, seconded by

09:06:16 councilman Caetano.

09:06:18 All in favor signify by saying Aye.

09:06:20 Opposes?

09:06:21 Okay.

09:06:21 Under ceremonial items this morning, we ask Mrs. Patel,

09:06:35 who is a friend of this community, this city, to come

09:06:40 forward a special presentation.

09:06:41 >> Good morning, everyone.

09:06:42 Two of us will speak in the allotted three minutes.

09:06:46 3600 kids have crossed through the free swim program

09:06:51 and has been extended through Labor Day weekend.

09:06:53 I thank the City Council for extending free swim for

09:06:56 next year.

09:06:58 Second, we have discovered that only a few hundred

09:07:02 dollars stand or stood between many of our swimmers and

09:07:05 call it scholarships.

09:07:09 Thus we have funded and provided suits, goggles, caps,

09:07:12 coaching sessions and funds for these athletes to swim

09:07:16 year round when the four-month high school swim season

09:07:20 ends.




09:07:30 In return, all the recipient athletes have agreed to

09:07:31 provide free swim lessons to everyone in the community

09:07:32 for four consecutive Saturdays beginning September

09:07:35 18th at all the YMCAs across town.

09:07:39 Each recipient will be asked to bring a used or donated

09:07:44 free -- used or new swim gear.

09:07:57 In our foundation, we do not provide anything for free.

09:08:00 Athletes will contribute. The recipients will

09:08:00 contribute.

09:08:01 Last, on September 11th, we are sponsoring a swimming

09:08:04 relay with 27 high school teams that will be attending

09:08:06 including two Olympic medalists.

09:08:09 One of them is Melissa Carerra, the first

09:08:14 African-American woman to receive a medal at the

09:08:16 Olympics.

09:08:18 And now I turn over to Lori Bukaweski, but the swim

09:08:25 coaches have a message for councilman Miranda.

09:08:28 They need an awning restored.

09:08:34 They have an awning structure but no awning.

09:08:36 They had it every year. They didn't have it last year.

09:08:38 The parents are miserable without the awning.

09:08:41 So now for the rest of the three minutes, I turn over




09:08:43 to Lori Bukaweski.

09:08:45 >>CHARLIE MIRANDA: Thank you.

09:08:47 We'll see what we can do.

09:08:48 >> Good morning.

09:08:52 My name is Lori Bukaweski. I'm the associate Executive

09:08:55 Director of the Brandon sports and aquatic center.

09:08:58 It is our pleasure to partner with the foundation to

09:09:02 assist underprivileged athletes with equipment and

09:09:04 funding for year-round training.

09:09:07 With that said, we extend an invitation to all a of you

09:09:11 to attend city relays at the pool which all of you know

09:09:15 is a 20 year tradition and we are proud to have -- to

09:09:22 have two of our own athlete.

09:09:26 The they are aquatics experts, from the very first swim

09:09:31 lesson to Olympic at the excision.

09:09:33 We give 10,000 swim lessons per summer and provide

09:09:37 $40,000 of scholarshipping which we take on ourselves

09:09:41 in operations providing for bonus swim lessons.

09:09:44 We have been developing athletes since 1963, and we

09:09:47 have sent an Olympian to the summer games every year

09:09:50 since 1968.

09:09:53 Our current world renowned wave swim team has 200




09:09:59 athletes among our other elite programs that we do at

09:10:01 the Brandon sports aquatic center.

09:10:03 We currently have three Olympians in the pipeline for

09:10:06 2012?

09:10:07 London.

09:10:08 Our hope is to work with the waves foundation to

09:10:12 restore our 47-year-old facility to a new world class

09:10:16 competition facility where we can bring athletes in

09:10:19 from all over the world, and especially to provide

09:10:21 funding and training for athletes who otherwise would

09:10:24 not have that opportunity.

09:10:26 That new world class training facility would also

09:10:29 provide a venue for national and international

09:10:33 competition which would provide very positive economic

09:10:37 impact for the greater Tampa community.

09:10:39 So with that said I am very grateful to Ms. Patel for

09:10:43 the opportunity to work with her, the new wave

09:10:46 foundation.

09:10:47 Thank you very much.

09:10:47 >>THOMAS SCOTT: Thank you both so very much and thank

09:10:55 you for your support and your contribution to the City

09:10:57 of Tampa.




09:10:58 Thank you very much.

09:10:58 >>MARY MULHERN: And thank you for letting us know

09:11:06 about the great work you have been doing.

09:11:07 We are very proud of our Olympic athletes.

09:11:09 >> I failed to mention that we formed the wave

09:11:15 foundation in response to the community's enthusiasm

09:11:18 about the free swimming.

09:11:20 And as we deliver our plans to go to 2012 London

09:11:24 Olympics, we will inform you.

09:11:26 But right now they are sketches and I only want to come

09:11:30 to you when my program is fully funded.

09:11:33 >>THOMAS SCOTT: Thank you very much.

09:11:34 Very pleased to hear that.

09:11:35 >>GWEN MILLER: Good morning.

09:11:43 It is my honor again to bring to you our police Officer

09:11:47 of the Month.

09:11:48 And we always have to do that because we have some

09:11:50 great policemen.

09:11:51 And this one today is going to be detective Scott

09:11:54 fuller and I am going to let our chief do the good

09:11:58 things to say about him.

09:11:59 >> Chief Jane Castor: It's again my honor to bring




09:12:04 forward one of Tampa's best police officers, Scott

09:12:09 Bullard. He's a detective with the delayed crimes

09:12:11 unit, latent investigative squad in district 2.

09:12:17 Despite his easygoing demeanor and wonderful smile, he

09:12:20 is a very tenacious investigator.

09:12:23 He just does an outstanding job from investigating

09:12:26 simple property crimes all the way up to violent armed

09:12:30 robbery.

09:12:31 And I'll give you just a couple of examples of his

09:12:34 outstanding work.

09:12:35 I could go on all day.

09:12:36 He was a lead investigator in a U-Haul robbery case

09:12:39 that happened back in December of 2009.

09:12:41 He followed the leads.

09:12:43 They sort of hit a dead-end where maybe a lot of other

09:12:47 investigators would have given up, but be followed, was

09:12:50 able to dig up some more leads, some more information,

09:12:53 and actually followed out of state on two occasions to

09:12:58 identify and take into custody the individual that was

09:13:01 responsible for those robberies.

09:13:04 He also has an amazing ability to get confessions out

09:13:07 of suspects, and he's called upon by his fellow




09:13:11 detectives to help them in those instances.

09:13:15 We had a series of armed robberies particularly

09:13:20 vicious, armed robberies, and he was able to develop a

09:13:24 suspect in those armed robberies.

09:13:26 The suspect was actually captured in a home invasion,

09:13:30 and he was able to get him to confess to six armed

09:13:34 robberies.

09:13:35 And this individual and his cohorts were very violent

09:13:39 criminals.

09:13:40 As a matter of fact, some of our officers responded to

09:13:43 a simple disturbance call in a neighborhood and drove

09:13:47 up upon an armed robbery in progress where there were

09:13:50 four or five armed individuals that they had to chase

09:13:52 down and they took them all into custody and

09:13:55 confiscated all the firearms.

09:13:57 So that obviously could have had a very negative

09:13:59 ending.

09:14:00 So detective Bullard does an outstanding job every day.

09:14:04 I think that our entire community owes him a debt of

09:14:08 gratitude because he is one of the reasons that our

09:14:10 crime is down 56% in the City of Tampa.

09:14:13 And it is my honor to name him the Officer of the




09:14:15 Month.

09:14:17 [ Applause ]

09:14:29 >>GWEN MILLER: On behalf of the Tampa City Council we

09:14:30 have a commendation to give you.

09:14:32 I am not going to read all the good thing the chief

09:14:34 said.

09:14:35 I will just give you the commendation.

09:14:36 And on behalf of the private sector we have some more.

09:14:39 I am going to give you a gift certificate to Charlie's

09:14:43 steakhouse.

09:14:50 >> Danny Lewis from Bill Currie Ford.

09:14:54 Congratulations.

09:14:56 It's our honor to present you this watch on behalf of

09:14:58 the Bill Currie Ford family and our 200 employees.

09:15:01 Thank you for making our city a safer place to live.

09:15:05 >> Congratulations.

09:15:10 We would like to give you a $100 gift card from Tampa

09:15:16 PD.

09:15:16 >> Dawn McBride with Straz, performing arts, a family

09:15:22 certificate.

09:15:27 >> Steve Stickley representing Stepps towing service.

09:15:37 On behalf of Jim and Judy Stepp and Stepp's towing I'm




09:15:42 honored to have Todd Stepp with me.

09:15:46 This wouldn't be possible without the support of Todd,

09:15:48 his mom and dad.

09:15:49 But nevertheless we would like to congratulate you very

09:15:51 much for a job well done, keeping the street safe and

09:15:56 keeping the citizens safe.

09:15:57 We really appreciate the hard work.

09:15:59 We have a statue to present to you.

09:16:03 The little guy will probably want to hold this.

09:16:05 And also a gift certificate to Lee Roy Selmon.

09:16:19 >> These flowers are not for you.

09:16:21 They are for the missus.

09:16:27 >>STEVE MICHELINI: I'm not going to give of this to

09:16:34 you.

09:16:37 Is that okay?

09:16:38 If you want to stand up there, I am going to give

09:16:40 something to you.

09:16:41 You don't want it?

09:16:43 Steve Michelini here on behalf of a variety of

09:16:46 different corporate folks who would like to honor you,

09:16:49 and have you ever seen your dad smile so much?

09:16:52 And your mom?




09:16:54 One thing about police officers and firefighters, they

09:16:56 have families.

09:16:57 And it's very important to honor them.

09:17:00 One of the things we would like to do with Bryn Allen

09:17:03 studios is present with you a gift certificate so you

09:17:06 can have your family portrait done.

09:17:08 So as long as you smile you can go.

09:17:11 Oh, he's smiling now.

09:17:14 On behalf of rigatoni's restaurant, we are going to

09:17:18 provide with you a $50 gift certificate so you can go

09:17:21 have lunch.

09:17:22 Do you like pasta?

09:17:26 You can't go to the next one, though.

09:17:28 Bern's steakhouse.

09:17:29 You can't go there.

09:17:31 That's mom and dad.

09:17:32 They get to go to Bern's steakhouse for $100.

09:17:35 So how about that?

09:17:40 [ Applause ]

09:17:47 >> Thank you, council.

09:17:48 Thank you, chief.

09:17:49 I really appreciate this honor.




09:17:53 I owe a huge debt of gratitude to my squad.

09:17:56 They helped facilitate a lot of the things that I've

09:17:59 done and helped train me and helped me learn what needs

09:18:03 to be done to do my job successfully.

09:18:07 I would like to thank my family, and Nick and Henry,

09:18:13 and best of all, I just appreciate everybody coming

09:18:16 here today and taking a few minutes to honor me.

09:18:20 I appreciate it.

09:18:21 Before I forget, chief Newman made sure that I give him

09:18:28 a debt of gratitude, also.

09:18:30 [ Laughter ]

09:18:32 Thank you very much.

09:18:53 >>GWEN MILLER: It my pleasure now to introduce the

09:18:56 firefighter of the quarter, and that is the driver

09:18:59 engineer Cory Shumacher.

09:19:03 And if he come forward and the chief will say good

09:19:09 things about him.

09:19:12 >> Good morning, council.

09:19:13 Tom Forward, Fire Chief, Tampa Fire Rescue.

09:19:17 Tampa Fire Rescue is proud to recognize Cory Shumacher

09:19:21 who is our most recent firefighter of the quarter.

09:19:26 Downtown fire station number 1.




09:19:29 During the eleven years, he has been with the

09:19:32 department, he has embraced what Tampa firefighters is

09:19:36 supposed to be.

09:19:37 He's professional, courteous, high moral character,

09:19:41 physically fit, and unyielding in his service to the

09:19:44 community.

09:19:45 In addition to his duties as the person responsible for

09:19:47 the maintenance and the safeguard as far as engine

09:19:51 number 1 serving the downtown core, he is also a valued

09:19:55 member of our department's tactical medical response

09:19:59 team, responsible for responding to very, very serious

09:20:02 and unusual high-risk incidents.

09:20:07 Off-duty he's also an instructor at one of the local

09:20:09 colleges for paramedics and is also a soccer coach to a

09:20:13 local children's soccer team.

09:20:17 Probably his daughter's team.

09:20:21 And his captain wrote: To his character, attitude and

09:20:27 spirit, he truly makes all who serve beside is him

09:20:31 strive to be better.

09:20:32 For his spirited efforts on and off duty, we are proud

09:20:36 to announce driver engineer Cory Shumacher as Tampa

09:20:46 fire department's ferret of the quarter.




09:20:50 And for that Tampa fire would also like to present to

09:20:52 him an award which says: Presented to driver engineer

09:20:56 Cory Shumacher for firefighter of the third quarter

09:20:59 this 29th day of July 2010.

09:21:03 Fire chief Tom Forward.

09:21:05 [ Applause ]

09:21:10 >>GWEN MILLER: On behalf of the Tampa City Council I

09:21:12 would like to issue a commendation.

09:21:13 I am not going to read it because the chief just said

09:21:16 all those good things that you deserve so I am just

09:21:19 going to present it to you.

09:21:20 On our private sector side, I have a gift certificate

09:21:22 to Charlie's steakhouse and the Lowry Park Zoo.

09:21:29 >> Danny Lewis.

09:21:38 The firefighter of the year is selected from the

09:21:40 firefighter of the quarter, and you have a lot of

09:21:48 friends here.

09:21:52 I present you this watch.

09:22:09 >> I would like to present Cory with this plaque and

09:22:15 gift certificate for him and his family to enjoy it.

09:22:17 A job well done, Cory.

09:22:19 Thanks.




09:22:22 >> The Straz center, for you to attend Cats.

09:22:44 >> Steve Stickley from Stepps Towing service.

09:22:50 On behalf of myself, Jim and Judy Stepp, Todd, wouldn't

09:22:53 be able to make this happen and honor you guys who do

09:22:56 the work for us.

09:22:57 We really appreciate everything you do keeping us safe

09:23:00 and fighting the fires.

09:23:02 Thank you very much.

09:23:03 Congratulations.

09:23:03 >> In appreciation to the missus.

09:23:22 The community does appreciate all that you do.

09:23:29 >> Another happy family.

09:23:30 You get to go to Bern's, too.

09:23:32 I hope you enjoy it.

09:23:34 You also get to go to rigatoni, and you get to get your

09:23:38 family portraits done.

09:23:40 We always appreciate what the firefighters do, and what

09:23:42 the police officers do for this community.

09:23:45 It sometimes a thankless task but you have to remember

09:23:49 that there's thousands of people out thereof that are

09:23:51 behind you and they thank you and they appreciate what

09:23:54 you do.




09:24:01 [ Applause ]

09:24:03 >> I'm proud to stand before you, City Council.

09:24:06 I'm humbled by this experience.

09:24:08 I'm very thankful to my crew for nominating me for this

09:24:12 award.

09:24:12 I feel any number of them could be standing in front of

09:24:15 you.

09:24:16 They are all the same quality caliber people just

09:24:20 described.

09:24:20 Thanks to the administrative staff for coming out and

09:24:22 being here, my wife Mary, Donna, Cheyene and my

09:24:24 parents, for coming to see me get this award. And I

09:24:27 want to say thank to everybody.

09:24:30 [ Applause ]

09:24:40 >>THOMAS SCOTT: Congratulations.

09:24:41 Thank you.

09:24:41 >>THOMAS SCOTT: Council, we have one more commendation

09:25:33 to make this morning.

09:25:34 And I am going to invite John deMURIO to come up, for

09:25:47 this presentation.

09:25:48 This presentation is being made to the Moffitt cancer

09:25:50 center and the Tampa Bay Rays in support of the Pepsi




09:25:57 refresh project, star third baseman Evan Longoria.

09:26:02 The Tampa Rays competing with 15 league teams to

09:26:11 compete for Moffitt cancer center.

09:26:13 Competition will be based on the motivation of

09:26:15 community members to vote online for the Rays and for

09:26:19 Moffitt on the Pepsi refresh link on WWW.Pepsi.com and

09:26:29 www.MLB.com.

09:26:32 The beneficiary will be Moffitt cancer center, kids

09:26:38 healthy life-style prevention program, a cancer

09:26:40 awareness prevention effort geared toward at-risk use,

09:26:46 because a large percentage of cancer deaths can be

09:26:49 prevented by making healthy choices.

09:26:51 We believe working with our young people is the best

09:26:54 hope for our future generation.

09:26:55 The Tampa does hereby implore all resident to join with

09:27:00 us, Evan Longoria, and Moffitt cancer center in voting

09:27:04 for the Tampa Bay Rays in the Pepsi refresh challenge

09:27:09 to rid cancer through use education.

09:27:13 And I guess they can vote online for this.

09:27:16 WWW.Pepsi.com and WWW.MLB.com.

09:27:23 They can win up to $170,000, I believe.

09:27:26 So again, it's our pleasure, City Council, to present




09:27:29 you this commendation, and to highlight the opportunity

09:27:32 for us to continue to raise money for Moffitt.

09:27:35 Again, a tremendous job.

09:27:38 Can't say enough about Moffitt cancer center and what

09:27:40 they do.

09:27:42 Good luck to the Rays.

09:27:44 >> Thank you very much, councilman Scott and all the

09:27:52 members of the Tampa City Council.

09:27:54 It is only with the support of the City of Tampa, the

09:27:57 citizens of Tampa, and all the local governments that

09:28:00 Moffitt cancer center has been able to grow into a

09:28:02 world class institution to combat cancer.

09:28:06 We are dedicated to eliminating cancer as a public

09:28:09 health problem.

09:28:11 We do this through excellent patient care, to people

09:28:14 who have cancer now, and all kinds of research to find

09:28:18 out better ways to combat cancer.

09:28:21 But also we do it for future generations, for community

09:28:25 education.

09:28:25 And we are here today again thankful to your help in

09:28:31 getting the word out about a way that we can prevent

09:28:33 cancer in future generations through youth education




09:28:36 and through a great partnership with the Tampa Bay

09:28:38 Rays.

09:28:39 And here with me to talk about it is our program

09:28:42 director Nicky Inda.

09:28:45 >> Good morning.

09:28:46 I want to just thank the City of Tampa and the Tampa

09:28:50 council for inviting us.

09:28:51 The Moffitt cancer center is very proud of this

09:28:54 program.

09:28:54 We are excited that Evan Longoria and the Tampa Bay

09:28:59 Rays have selected the program in joint effort with the

09:29:04 Pepsi refresh which is national to bring this to our

09:29:09 city.

09:29:09 We actually have the opportunity to win 200 that you.

09:29:14 So I think $30,000 more definitely can be used well to

09:29:18 bring the cancer awareness education to our kids.

09:29:21 Currently, we are in the head start schools.

09:29:25 I'm very pleased to say out of the 130 partners that

09:29:27 the head start organization had recently fit kids was

09:29:34 one of the top 13 partners of excellence.

09:29:36 The kids are being taught the importance of fruits and

09:29:39 vegetables, exercise, sun protection, and the dangers




09:29:43 of tobacco.

09:29:44 And as we are aware, the number one cancer killer is

09:29:48 lung cancer, which is directly a result from tobacco.

09:29:51 And I am pleased to say that we have over 800

09:29:56 signatures from youth pledging to be tobacco free.

09:30:00 And I'm also here to say that even will be visiting the

09:30:04 Moffitt cancer center.

09:30:05 He's very serious about this on Monday, and he will

09:30:10 take an oath and will sign tobacco free city for our

09:30:18 community.

09:30:18 The children in this community are the roots and the

09:30:20 foundation, and the Moffitt cancer center is committed

09:30:25 to providing this education.

09:30:26 I am asking you to let's make a home run.

09:30:31 Let's bring this home to the Tampa Bay community and

09:30:33 our surrounding areas.

09:30:35 Thank you so much.

09:30:35 >> How do they do it?

09:30:38 >> Well, it's so simple.

09:30:39 You can vote ten times a day which means from your work

09:30:45 computer and your home computer, and if you are like me

09:30:48 and my family, we believe that hard work produces




09:30:51 result.

09:30:51 We are even going to the library, which the public

09:30:55 library is one of our strong partners.

09:30:56 You can go to WWW.MLB\PepsiRefresh.

09:31:08 I'm asking each of you to take this seriously because

09:31:11 we care about the future of our kids and the Moffitt

09:31:13 cancer center, we don't want them to be our future

09:31:16 cancer patients.

09:31:17 Thank you.

09:31:17 >>THOMAS SCOTT: Let me say, Charlie, you can vote

09:31:22 online now.

09:31:23 [ Laughter ]

09:31:30 >>MARY MULHERN: I just want to say go Moffitt.

09:31:32 Go Rays.

09:31:34 Go even.

09:31:35 And go Tampa.

09:31:36 >> The American society cancer society, we support you.

09:31:45 We have worked in the past on issues, so we are

09:31:49 wholeheartedly behind you and the American cancer

09:31:54 society.

09:31:54 >> God bless you.

09:31:58 >>THOMAS SCOTT: Let me take the opportunity to




09:31:59 recognize a group from the museum of science and

09:32:02 industry summer program, MOSI, visiting City Hall

09:32:06 today.

09:32:07 There are 14 students, two chap a reasons in attendance

09:32:09 and the students range from grade 6 to grade 10.

09:32:12 I'm here with their teacher, Seth fairman.

09:32:18 They have a quest to learn more about our city

09:32:22 government, and through the summer program, and so we

09:32:24 wanted to recognize them here.

09:32:28 Also, they will be at City Council up to 10:45 and to

09:32:35 the park for a presentation in the mayor's conference

09:32:37 room.

09:32:37 So if they are here, I would like for them to stand at

09:32:40 this time and be recognized.

09:32:43 Come on down front real quick.

09:32:46 Let's give them a hand.

09:32:50 [ Applause ]

09:32:55 Seth, do you want to take a minute to make some

09:32:57 comment?

09:32:58 >> Yes.

09:32:59 Thank you very much to the City of Tampa as well as the

09:33:01 council members for letting us come over here, as well




09:33:04 as Annette for organizing this.

09:33:07 We are a two-week gifted camp that focuses on bringing

09:33:12 science fiction to life.

09:33:13 And today we are going to see government in action as

09:33:16 we have been working our government now for about five

09:33:21 days.

09:33:21 So we are very excited to be here.

09:33:27 We are a group of 14 today.

09:33:30 And ages range from 12 to 15.

09:33:32 >>THOMAS SCOTT: Thank you very much.

09:33:40 [ Applause ]

09:33:43 >>THOMAS SCOTT: We will move now to the approval of

09:33:46 the agenda.

09:33:47 >>MARTIN SHELBY: Good morning, Mr. Chairman, members

09:33:50 of City Council.

09:33:50 In front of you you have the addendum to today's

09:33:54 agenda.

09:33:54 Mr. Chairman, you have an item for new business to

09:33:57 bring up later under new business.

09:34:02 Addendum request to have presentation as of

09:34:04 commendations.

09:34:06 Did you want to take that up now or later?




09:34:09 >> We can do it under new business.

09:34:10 >>MARTIN SHELBY: Two items changes to the agenda.

09:34:17 One is item number 56.

09:34:18 And that is a request from the administration because

09:34:21 Karen Palus is unavailable.

09:34:23 That's the update on urban forest.

09:34:25 There is a request to continue that to the staff

09:34:27 reports of August 26th, 2010.

09:34:30 The other, council, that I am aware of is a

09:34:33 housekeeping item, which related to staff reports.

09:34:37 And that's items 62 and 63.

09:34:42 There is a request to move those up to the beginning of

09:34:44 staff reports.

09:34:46 But also, item 66 is the hearing on the Mangroves.

09:34:50 And that only requires a vote, an action of council.

09:34:53 So that can be moved up and taken before item 62 and

09:34:56 63.

09:34:57 With council's approval, I am not aware of any other

09:35:00 changes to today's agenda and I present it for your

09:35:02 approval.

09:35:04 >>THOMAS SCOTT: Let me raise the question with council,

09:35:06 I would like to move that item up.




09:35:08 The question is, are the other two council persons

09:35:11 prepared to vote at that time?

09:35:13 If we are going to get into a long discussion I will

09:35:15 leave it where it is.

09:35:16 But if you are prepared to vote then I will move it up.

09:35:19 >> Yes, I am.

09:35:21 >> I am.

09:35:22 >>THOMAS SCOTT: Good.

09:35:22 Then we'll move that up just for the vote.

09:35:24 Any other item to be pulled from the agenda?

09:35:29 Motion to approve the agenda.

09:35:30 >>CHARLIE MIRANDA: So moved.

09:35:32 >> Second.

09:35:33 >>THOMAS SCOTT: All in favor?

09:35:34 Opposes?

09:35:35 Okay.

09:35:37 We have set aside 30 minutes for public comment.

09:35:40 >>GWEN MILLER: Before they come up, can I have a

09:35:44 special person come up?

09:35:45 Council, I would like at this time something very

09:35:50 special to tell the council and you need to hear this

09:35:52 plus administration and everybody else.




09:35:54 >> My name is Dianne Hart, 5006 Cumberland drive.

09:35:58 I know most of the time I come before you is because I

09:36:00 have a complaint or a concern for the community.

09:36:03 Well, I thought it would be fitting to come to you and

09:36:05 let you know that thanks to council and the

09:36:08 administration, Karen Palus and her staff, we now have

09:36:12 our parks and rec on track, the parks are full of kids,

09:36:16 is what we definitely wanted for the community, to get

09:36:20 the children back in the park.

09:36:21 Also, the fees have been rolled back.

09:36:24 Thank you very much.

09:36:25 The after-school program will only require that the

09:36:27 kids have a rec card which costs $15, which East Tampa

09:36:32 business civic association bought 150 rec cards for the

09:36:36 children.

09:36:37 I cannot tell you all what this really means to the

09:36:39 community.

09:36:39 I'm sure you all know because you saw me every on the

09:36:42 week.

09:36:42 And I had to come back and say thanks to both the

09:36:45 administration, thanks to Ms. Palus and to Alan Holder

09:36:50 and Joe Green and their staff and all the people in the




09:36:53 Parks Department who made this possible, but to you,

09:36:56 council, for stepping up and helping us to turn this

09:36:58 around.

09:36:59 I thought I need to say that.

09:37:01 So thank you very much.

09:37:02 >>THOMAS SCOTT: Thank you.

09:37:04 Anyone else that wishes to address council may come at

09:37:11 this time.

09:37:13 State your name and address for the record.

09:37:14 Anyone else?

09:37:15 Only one person?

09:37:16 >> Good morning.

09:37:24 My name is Janet Doherty.

09:37:26 I'm here monitoring one with issue under public arts

09:37:30 work but I wanted to comment on two things.

09:37:35 Somebody from City Council who said public support is

09:37:39 true leadership and I want to say I am in support of

09:37:41 the link to the TIA.

09:37:43 But I do understand, Commissioner Scott, I was here

09:37:47 during the debate the other day since I was part of

09:37:49 SWFWMD about shovel ready projects and study.

09:37:52 So whatever you need to do to move forward, whether




09:37:54 that's a study or resolution, I think that it's just a

09:37:57 logical extension of the rail to go to the airport.

09:38:01 The other item I would like to address is item 51,

09:38:04 which is the ordinance being presented for a

09:38:07 procurement protest procedures.

09:38:10 You passed it unanimously two weeks ago on first

09:38:12 reading.

09:38:13 Today is the second reading.

09:38:15 I would just -- like the previous speaker I would like

09:38:17 to say job well done to your procurement department,

09:38:21 Greg Spearman and his staff and especially Chip

09:38:24 Fletcher and Marcy Hamilton.

09:38:27 This document was a long time in coming, very

09:38:29 articulate and concise, and did a wonderful job putting

09:38:31 it together.

09:38:32 And I am in support of that as well.

09:38:34 Thank you and have a great day.

09:38:36 >>THOMAS SCOTT: Thank you.

09:38:38 >>MARY MULHERN: I think people know this but I just

09:38:42 wanted to ask you if you can announce the item under

09:38:45 staff reports.

09:38:46 This is the opportunity.




09:38:48 >>THOMAS SCOTT: Yes, yes, thank you.

09:38:49 >>MARY MULHERN: Including the Kress building.

09:38:54 Everything under staff report.

09:38:57 >>THOMAS SCOTT: Anything on the agenda has first

09:38:58 preference for discussion this morning for to you make

09:39:00 comments.

09:39:00 So anything on the agenda, other than public hearings.

09:39:03 Other than public hearings.

09:39:05 You may address council today.

09:39:07 Okay?

09:39:11 >> Good morning, members of council.

09:39:13 I'm Vivian Salaga, north Central Avenue.

09:39:17 I'm here this morning to represent the American

09:39:19 institute of architects heritage committee.

09:39:22 We don't often come before you, and when we do, it

09:39:25 really represents an important issue to us and to the

09:39:28 city.

09:39:29 We are here this morning to ask that item number 60,

09:39:33 with respect to the dissolution of the memorandum

09:39:36 agreement, between the city and the developers in the

09:39:39 Kress block, continue to further discussion and public

09:39:43 hearing for four reasons.




09:39:47 The first is that this item appears to be an

09:39:49 intentional subversion of the system that was created

09:39:51 by the city for the protection of its very cherished

09:39:55 and now relatively few significant historic structures.

09:40:02 The second is these buildings are designated local

09:40:07 landmarks by the City Council, thereby rendering them

09:40:11 protected under the city ordinances, and protected they

09:40:16 should be.

09:40:18 This trio of buildings are very significant in the

09:40:22 history of the civil rights movement activities in

09:40:26 Tampa and documented in American history books

09:40:30 throughout the country.

09:40:32 The third reason is that the owners of this block have,

09:40:36 for 20 years, neglected to provide appropriate

09:40:40 maintenance and stewardship of these properties.

09:40:44 It wasn't until the city recently adopted the

09:40:47 demolition by neglect ordinance with a substantial

09:40:51 per-day fine as a code violation, that the owners were

09:40:57 inspired to repair the windows in the Kress building.

09:41:02 While the Woolworth building and the newberry building

09:41:06 yet remain unattended to.

09:41:09 The fourth reason is the dissolution of this memorandum




09:41:15 of understanding appears to reward these owners for

09:41:18 their neglect and their poor stewardship.

09:41:23 Neglect of this nature should never be condoned by this

09:41:27 council.

09:41:28 Our city's heritage and culture live in these

09:41:32 buildings.

09:41:34 It's our singular responsibility as citizens of Tampa

09:41:36 to preserve and protect this heritage.

09:41:39 I urge council to continue this item for public hearing

09:41:43 so that the facts can be brought openly to the public

09:41:47 for consideration.

09:41:49 Thank you.

09:41:51 >>THOMAS SCOTT: Thank you.

09:41:52 Next speaker, to my left.

09:41:53 >> Good morning.

09:41:58 Roger Grunke, and I reside at 1906 west Morrison Avenue

09:42:02 in Tampa.

09:42:04 I'm an architect and also co-founder of the AIA

09:42:09 Architectural Heritage Committee, and I also request

09:42:14 that item 60 be continued for public discussion.

09:42:23 Thank you.

09:42:24 >>THOMAS SCOTT: Thank you.




09:42:27 Next speaker.

09:42:28 >> I'm Dr. Beverly Ward, 13705 Lazy Oak Drive.

09:42:37 And I'm also one of ten regional united coordination

09:42:41 ambassadors supported by the national center for human

09:42:43 service transportation, a program under the aegis of

09:42:46 the Federal Transit Administration.

09:42:48 However, today I come before City Council speaking as a

09:42:51 private citizen with some knowledge of the

09:42:53 transportation needs of vulnerable population groups in

09:42:56 this community and beyond.

09:42:58 I would like to use this time to address the Florida

09:43:04 Department of Transportation decision to take into

09:43:07 consideration at this juncture the possibility for

09:43:08 improved access and mobility of persons with

09:43:11 disabilities and aging population and increased

09:43:14 capacity in the case of catastrophic events in the

09:43:18 connectivity between high-speed rail and East Tampa

09:43:21 international airport.

09:43:23 The airport is something of a destination itself.

09:43:26 It affords persons with disabilities a level of access

09:43:28 that is not unduly taxing.

09:43:31 I speak here from personal experience of having to




09:43:33 negotiate the airport and others while recovering from

09:43:36 a temporary disability.

09:43:38 I also note that as a nation and globally the human

09:43:41 population is aging.

09:43:43 Here in the U.S. and particularly in Florida as we all

09:43:45 know, the boomers are upon us.

09:43:48 We can anticipate and should be prepared for

09:43:50 boomeritis, which is a medical term which describes the

09:43:54 unplanned but temporary disability to persons born

09:43:58 between 1946 and 1964 will experience.

09:44:02 The Tampa International Airport is particularly located

09:44:04 to be a hub or gateway to Florida for these

09:44:08 demographics.

09:44:09 A high-speed rail connection from the airport would

09:44:11 improve not only regional access for Hillsborough and

09:44:14 the surrounding counties but also would leverage TIA

09:44:18 international status.

09:44:20 This week we are celebrating the 20th anniversary

09:44:23 of the Americans with Disabilities Act.

09:44:25 Over the last 20 years, the ADA has proven that those

09:44:30 infrastructure and design features that allow greater

09:44:32 connectivity for persons with disabilities has




09:44:36 benefited everyone.

09:44:38 If a high-speed rail stop affords greater access to

09:44:41 persons with disability, it is worth considering for

09:44:43 all of us at TIA.

09:44:44 I also ask that you consider veterans with disabilities

09:44:47 and the connection between TIA, MacDill Air Force

09:44:50 Base, and the regional veterans hospital.

09:44:53 Finally, taking the long view, we have an opportunity

09:44:56 here to put in place the infrastructure that will help

09:44:59 the region to respond to extreme events such as

09:45:02 environmental catastrophes, human threats and so on.

09:45:06 One example is Amtrak made an offer to the city of New

09:45:09 Orleans to assist in evacuating persons with

09:45:11 disabilities and others prior to hurricane Katrina.

09:45:14 A high I speed rail stop at TIA is one example of how

09:45:17 greater connectivity between these two modes could

09:45:21 significantly improve safety and personal security

09:45:24 throughout the region.

09:45:26 The cost of engineering implications I well understand.

09:45:30 However, I hope of that my statement has given the

09:45:32 decision makers some idea as to how a stop or plan a

09:45:37 study for this stop could be funded.




09:45:39 This is not intended as an either/or consideration but

09:45:45 both and.

09:45:48 Many areas including two others in this state are

09:45:50 planning high speed stops at a airport for a complete

09:45:54 multimodal approach.

09:45:55 I thank the council for this opportunity and remind

09:45:57 everyone to consider how increased access mobility and

09:46:03 mobility through connectivity is always the right

09:46:05 decision for sustainable and livable community.

09:46:07 (Bell sounds)

09:46:09 Thanks again.

09:46:12 >>THOMAS SCOTT: Thank you very much.

09:46:12 >> Bob McDonaugh, economic development department.

09:46:16 Two issues.

09:46:17 I'm here first to speak in support of the -- you are

09:46:21 going to be considering the purchase after new series

09:46:23 of parking meters for downtown.

09:46:26 And it's a great step forward in making our downtown

09:46:29 more user friendly.

09:46:31 We have a lot of people that have been discouraged from

09:46:33 visiting because they don't have that big pocket full

09:46:35 of quarters it takes to keep from getting a ticket.




09:46:38 And our merchant and visitors to downtown are very

09:46:41 excited about the prospect of this.

09:46:43 It will make downtown a much more user friendly place

09:46:45 to visit.

09:46:46 My second point is a support of removal of the existing

09:46:50 development agreement for the Kress block.

09:46:53 When they come back with a development plan, council

09:46:55 will have an opportunity to talk to them about

09:46:59 different ideas and things that the council would want.

09:47:02 This existing agreement had to do with a development

09:47:05 agreement that was based on a development done during

09:47:10 the high-rise residential times.

09:47:13 Sometimes it changed.

09:47:14 And so we give the developer an opportunity to come

09:47:17 back to council with another plan.

09:47:19 Thank you.

09:47:19 >>THOMAS SCOTT: Thank you.

09:47:23 >> I'm Brenda Doreen Hicks, owner of two historic

09:47:30 buildings in downtown Tampa.

09:47:31 I'm an MI A member of the appraisal institute.

09:47:34 I come to you today having just come off of a four-day

09:47:37 visit to Detroit, and when I heard we were going to




09:47:41 talk about some issues facing our city, I got excited.

09:47:45 Parking is imperative.

09:47:47 I was never so sad to leave my hometown of Detroit on

09:47:50 Sunday seeing what has happened there.

09:47:52 And we have great opportunities here.

09:47:54 We have to support this parking I shall I, number one.

09:47:57 We want people in our city.

09:47:59 The city is your soul.

09:48:00 The city is your heart.

09:48:01 And if weep lose that because people don't want to come

09:48:03 down here, we are in a world of hurt, and we don't want

09:48:06 to go visit Detroit.

09:48:07 On the Kress building, I'm really, really familiar with

09:48:10 that property.

09:48:10 I was there when we were going through some rezonings

09:48:13 in the past, and I think you are going to find that if

09:48:15 you keep moving in the direction you are, things will

09:48:19 work out well between the developer and the council and

09:48:22 the zoning to preserve what needs to be preserved, and

09:48:28 let go of what needs to be let go.

09:48:30 There's always an economic driver behind things to make

09:48:33 it happen.




09:48:33 You have an economic driver when you are considering

09:48:35 the good things that happen in the city, and developers

09:48:37 have one as well.

09:48:38 They are not all evil.

09:48:39 They are not all negligent.

09:48:41 They are out there doing good things and we all need a

09:48:44 tax base.

09:48:44 We need everybody to work together.

09:48:46 We need to get that development order which is outdated

09:48:49 and useless in the market going forward.

09:48:51 Thank you.

09:48:51 >>THOMAS SCOTT: Thank you.

09:48:54 Next speaker.

09:48:54 >> Good morning.

09:48:59 Abbye Doering, 508 North Tampa Street.

09:49:03 I would like to say I'm in full support of the

09:49:05 multi-phase technology meters, worked on several

09:49:08 committees with the downtown partnership, as well as

09:49:10 Jim Corbett and the transportation department.

09:49:13 It been a pleasure.

09:49:14 We have done a lot of research to make sure that we

09:49:16 have the best system possible.




09:49:20 And I just hope that moves forward.

09:49:22 The retailers are very thrilled.

09:49:23 >> I'm Rosemary Goudreau, 2913 west Tampa Bay Tampa

09:49:38 Avenue.

09:49:38 I want to make three observations on rail.

09:49:41 First, nothing should enter the first leg of high-speed

09:49:46 rail from Orlando which is going to transform our

09:49:50 downtown and put our region on the map.

09:49:51 Second, it's unworkable to study high-speed rail to the

09:49:56 airport.

09:49:56 More consensus is needed for the feds to seriously

09:50:00 consider that application.

09:50:01 Third, light rail and high tech buses are going to

09:50:05 transform the quality of life in Hillsborough County.

09:50:09 But it's also a laudable goal to better engage the

09:50:13 public on the once in a century decisions being made

09:50:18 right now.

09:50:18 If high-speed rail doesn't go to the airport, where

09:50:21 does it go next?

09:50:23 St. Pete?

09:50:24 Sarasota?

09:50:28 Just as decisions made 20 years ago affect the choices




09:50:31 that are being made today, so too today's decisions

09:50:36 have long-term consequences.

09:50:38 I applaud you for raising the questions that others are

09:50:41 asking.

09:50:42 Especially you, councilwoman Mulhern.

09:50:45 Just a year ago, no one even knew we were going to get

09:50:49 high-speed rail.

09:50:50 The choices aren't black and white.

09:50:52 It's important to ask good questions.

09:50:56 Then it's equally important for us all to listen, and

09:51:00 listen hard.

09:51:01 >>THOMAS SCOTT: Thank you.

09:51:05 Next speaker.

09:51:05 >> Chip Hayward, 4015 Starfish Lane, Tampa, Florida.

09:51:14 I'm an architect here in Tampa, Florida.

09:51:18 I am in support of doing a study from connecting the

09:51:21 high speed train to the Tampa International Airport.

09:51:25 I think it vital to the economic growth of this

09:51:27 community.

09:51:28 And I don't think we should postpone the study.

09:51:30 I think the study should move forward.

09:51:33 The study can go on concurrently with whatever plans




09:51:36 they have for high speed train now.

09:51:40 I think if Tampa Airport is going to grow and expand

09:51:43 and compete with Orlando's airport, we need to have the

09:51:47 connection.

09:51:48 I don't know if you have ever traveled in Europe and

09:51:52 been able to get off of a plane and get directly to

09:51:54 high speed train.

09:51:56 It is a major convenience.

09:51:59 Having to catch a taxi or bus or light rail, train,

09:52:04 from the airport to downtown Tampa, where the station

09:52:07 is now, it just not -- it's not going to be

09:52:12 accommodating to tourists and visitors to Tampa.

09:52:15 So thank you.

09:52:16 >> Good morning, council.

09:52:23 My name is Joe McCants, 2114 West alona street, and I

09:52:28 want to speak in favor of the high-speed rail

09:52:30 connection to the Tampa Airport.

09:52:33 Also, as an architect, I'm a board member here at a

09:52:36 local AIA chapter, and we also as architects are

09:52:41 trained to study patterns of cities, and airport to

09:52:45 airport terminus is the only efficient to be the proper

09:52:50 termination for the high-speed rail.




09:52:55 Thank you.

09:52:56 >>THOMAS SCOTT: Thank you, sir.

09:52:58 Okay.

09:52:59 That concludes then our public comments.

09:53:02 Does anyone here wish to ask council for

09:53:04 reconsideration on a legislative matter?

09:53:09 Hearing none, we'll move to the ordinances on number 5.

09:53:14 Mr. Miranda,.

09:53:16 >>CHARLIE MIRANDA: Move 5 and 6 to be opened,

09:53:20 Mr. Chairman.

09:53:20 >>MARTIN SHELBY: Mr. Chairman, I'm sorry, just to read

09:53:26 it.

09:53:27 >>THOMAS SCOTT: Item 5.

09:53:28 I believe there's a substitute ordinance.

09:53:30 Mr. Miranda may want to move that.

09:53:31 >>CHARLIE MIRANDA: I will read it in a minute.

09:53:34 Let me say this is an epidemic throughout this country.

09:53:36 The state of Washington just created one of the most

09:53:39 strictest pain clinic ordinances around.

09:53:44 Just to give you some facts, nationwide fatalities from

09:53:47 prescription drug overdoses are the second leading

09:53:51 cause for accidental death in this country right behind




09:53:55 automobile accidents.

09:54:03 Last year it equaled to 7% of all drugs prescribed in

09:54:06 America.

09:54:07 Now 7% doesn't sound like much.

09:54:08 But when with you compare it to total drug sales,

09:54:22 compared to antibiotics it far surpasses that.

09:54:25 So we do have an epidemic, and I feel compelled to read

09:54:29 this because it's the right thing to do, and also want

09:54:31 to thank the legal department for working so diligently

09:54:39 and coming up with this ordinance.

09:54:41 This ordinance ties up, Mr. Chairman, a lot of things

09:54:43 that were left out of different titles.

09:54:45 First of all, you have to put down your current home

09:54:49 telephone number of those that are doing it, the pain

09:54:52 management clinic director must sign on, the property

09:54:57 owner must also sign on.

09:54:59 They also must witness and say whether they have any

09:55:01 interest or any type of financial gains from other

09:55:05 businesses such as pharmacy that they are involved

09:55:08 with.

09:55:09 Just recently, the police department closed our second

09:55:11 pain clinic in Tampa and did an outstanding job.




09:55:16 Employees that are employed by these clinics also must

09:55:19 be -- all of the responsibilities of those that run the

09:55:25 pain management clinics and give them all, if they had

09:55:31 any fatalities in the last five years, they must screen

09:55:34 all their employees.

09:55:35 Just to be a temporary employee doesn't cut it anymore.

09:55:37 You must say who you are, what you do and so forth and

09:55:40 so on.

09:55:40 And there's a list of things that I won't go through

09:55:43 all of because I don't want -- I know we have a long

09:55:45 agenda.

09:55:46 But it my pleasure and honor to represent present this

09:55:50 ordinance to this council for an adoption.

09:55:52 An ordinance in the City of Tampa amending City of

09:55:54 Tampa code ordinance chapter 6, division 2, pain

09:55:59 management clinics, section 26-256 and section 6-258

09:56:05 providing for repeal of all ordinances in conflict,

09:56:07 providing for severability, providing an effective

09:56:10 date.

09:56:12 Anytime somebody is making money, anytime somebody is

09:56:15 doing something that makes them rich for whatever

09:56:19 reason, at the expense of people dying, that's what




09:56:23 this is about.

09:56:24 >>THOMAS SCOTT: Let me just hold that motion in

09:56:27 abeyance, and then we move to add it to the agenda

09:56:30 because it is a substitute ordinance as advised by

09:56:34 legal council.

09:56:36 >>CHARLIE MIRANDA: I move to add it to the agenda the

09:56:37 substitute ordinance.

09:56:39 >> Second.

09:56:40 >>THOMAS SCOTT: All in favor?

09:56:41 Opposes?

09:56:41 Now we are back to that motion.

09:56:43 Moved by councilman Miranda.

09:56:45 Seconded by councilman Mulhern.

09:56:48 Mr. Miranda, thank you for -- for your leadership on

09:56:51 the issue.

09:56:52 You brought this to City Council and spearheaded and

09:56:55 worked with the legal, city attorney, to move this

09:56:59 forward.

09:57:00 So thank you for your leadership on this issue.

09:57:02 It been moved and seconded.

09:57:03 All in favor signify by saying Aye.

09:57:05 Opposes?




09:57:06 >>THE CLERK: Motion carried unanimously.

09:57:09 Second reading of the ordinance will be held August

09:57:12 26th at 9:30 a.m.

09:57:15 >>THOMAS SCOTT: Item 6.

09:57:24 Mr. Stokes, would you read that ordinance, please?

09:57:29 >>CURTIS STOKES: An ordinance amending ordinance number

09:57:34 2010-66 passed and ordained by the City Council of the

09:57:37 City of Tampa June 3, 2010 which approved a wet zoning

09:57:41 3 PS for 16041 Tampa Palms Boulevard west, correcting a

09:57:47 scrivener's error by substituting a complete exhibit

09:57:50 "A" for the incomplete exhibit "A" that was supplied in

09:57:54 error, providing for severability, providing an

09:57:55 effective date.

09:57:55 >>CHARLIE MIRANDA: Second.

09:57:59 >>JOSEPH P. CAETANO: I am going to abstain from this

09:58:03 because of litigation with this company.

09:58:04 >>THOMAS SCOTT: Okay.

09:58:09 >>MARTIN SHELBY: Mr. Chairman, thank you, councilman

09:58:12 Caetano for that.

09:58:13 I will see that the paperwork is prepared for you to

09:58:17 file today for that item.

09:58:18 Also, this motion is for first reading consideration.




09:58:21 Is that correct?

09:58:22 >> Yes.

09:58:25 Seconded by councilman Miranda.

09:58:27 All in favor?

09:58:28 Opposes?

09:58:29 We move now --

09:58:30 >>THE CLERK: Motion carried with Caetano abstaining.

09:58:32 Second reading of the ordinance will be held August

09:58:35 26th at 9:30 a.m.

09:58:37 >> move now to our committee reports, public safety

09:58:41 chairwoman Councilwoman Miller.

09:58:43 >>GWEN MILLER: Move resolution 7.

09:58:47 >>CHARLIE MIRANDA: Second.

09:58:49 >>THOMAS SCOTT: All in favor?

09:58:51 Opposes?

09:58:51 Parks and recreation, chairman Stokes.

09:58:56 >>CURTIS STOKES: Move 8 through 11.

09:58:59 >>MARY MULHERN: Second.

09:59:02 >>THOMAS SCOTT: All in you favor?

09:59:04 Opposes?

09:59:05 Okay.

09:59:06 Public Works Committee, councilman chair Charlie




09:59:10 Miranda.

09:59:10 >>CHARLIE MIRANDA: Move items 12 through 23.

09:59:15 >>THOMAS SCOTT: Seconded by Councilwoman Mulhern.

09:59:19 All in favor signify by saying Aye.

09:59:22 Opposes?

09:59:23 Finance Committee, Councilwoman Mary Mulhern.

09:59:26 >>MARY MULHERN: I move items 24 through 31.

09:59:30 >>CHARLIE MIRANDA: Second.

09:59:35 >>THOMAS SCOTT: All in favor signify by saying Aye.

09:59:38 Opposes?

09:59:39 Okay.

09:59:40 Building and zoning, councilman Joseph Caetano.

09:59:49 Items 32 through 46.

09:59:50 >>JOSEPH P. CAETANO: Move items 32 through 46.

10:00:08 >>THOMAS SCOTT: Seconded by Councilwoman Mulhern.

10:00:10 All in favor signify by saying Aye.

10:00:14 Okay.

10:00:14 Transportation committee, chair for that is

10:00:17 Councilwoman Capin.

10:00:23 >>YVONNE CAPIN: I move items 47 through 48.

10:00:28 >>THOMAS SCOTT: Seconded by councilman Miranda.

10:00:30 All in favor?




10:00:32 Opposed?

10:00:33 Need to set public hearings.

10:00:34 >>GWEN MILLER: I would like to set public hearings for

10:00:36 49 and 50.

10:00:37 >>CHARLIE MIRANDA: Second.

10:00:39 >> All in favor?

10:00:45 Opposes?

10:00:45 Okay.

10:00:46 Now move to our items for second reading 51 through 52.

10:00:51 >>GWEN MILLER: Move to open.

10:00:52 >>CHARLIE MIRANDA: Second.

10:00:53 >>THOMAS SCOTT: All in favor?

10:00:55 Opposes?

10:01:08 Anyone wish to address council on item 51?

10:01:11 >>GWEN MILLER: Move to close.

10:01:12 >>THOMAS SCOTT: Councilwoman Mulhern.

10:01:14 Council I move an ordinance being presented for second

10:01:17 reading and adoption, an ordinance of the City of Tampa

10:01:20 amending chapter 2, article V, division 3 of the City

10:01:23 of Tampa code creating section 2-282 procurement

10:01:27 protest procedure, repealing all ordinances or parts of

10:01:30 ordinances in conflict therewith, providing for




10:01:33 severability, providing an effective date.

10:01:34 >>THOMAS SCOTT: Is there a second?

10:01:38 Moved and seconded.

10:01:46 Record your vote.

10:02:02 >>THE CLERK: Motion carried with Mulhern being absent

10:02:05 at vote.

10:02:06 Miranda being absent at vote.

10:02:08 >>THOMAS SCOTT: Item 52.

10:02:11 Anyone from the public wish to address council?

10:02:13 >>GWEN MILLER: Move to close.

10:02:16 >>THOMAS SCOTT: Moved and seconded.

10:02:17 All in favor?

10:02:18 Opposes?

10:02:19 Okay.

10:02:19 Item 52.

10:02:20 Councilwoman Miller.

10:02:21 >>GWEN MILLER: I move to adopt the following ordinance

10:02:24 upon second reading.

10:02:25 An ordinance of the city of Tampa, Florida amending

10:02:27 City of Tampa code of ordinances, chapter 21 stormwater

10:02:32 management, repealing all ordinances in conflict,

10:02:35 providing for severability, providing an effective




10:02:38 date.

10:02:40 >>THOMAS SCOTT: Seconded by councilman Caetano. Record

10:02:42 your vote, please.

10:02:49 >>THE CLERK: Motion carried with Miranda being absent

10:02:52 at vote.

10:02:52 >>THOMAS SCOTT: We have a continued public hearing.

10:03:01 Item 53.

10:03:02 All witnesses need to be sworn at this time.

10:03:03 If you are going to be -- we are moving into our second

10:03:08 readings.

10:03:09 If you are going to speak before council, stand and be

10:03:12 sworn at this time.

10:03:13 If you are going to be speaking, pleas stand and be

10:03:15 sworn.

10:03:16 >>MARTIN SHELBY: On which items?

10:03:17 Just 53?

10:03:20 >>MARTIN SHELBY: All items.

10:03:24 (Oath administered by Clerk)

10:03:29 >>MARTIN SHELBY: Mr. Chairman, I ask that all written

10:03:32 communications which have been available for public

10:03:33 inspection in City Council's office be received and

10:03:36 filed into the record by motion at this time.




10:03:38 >> Motion.

10:03:46 >>THOMAS SCOTT: Seconded by Councilwoman Capin.

10:03:49 All in favor?

10:03:50 Opposes?

10:03:51 >>MARTIN SHELBY: Secondly, a very brief reminder to

10:03:54 please disclose any ex parte communications that you

10:03:57 may have had with the petitioner or any member of the

10:03:58 public in connection with today's hearings prayer to

10:04:00 the vote.

10:04:01 Lastly, there is a sign-up sheet outside.

10:04:05 Please be sure to sign the sign-up sheet, and if you

10:04:08 have not been sworn, hopefully you have been, and

10:04:11 please do remember to do so.

10:04:14 Thank you.

10:04:14 >>THOMAS SCOTT: Item 53.

10:04:19 Continued public hearing.

10:04:22 >>ABBYE FEELEY: Land Development Coordination.

10:04:23 I have been sworn.

10:04:24 Item 53 on your agenda requires certification by the

10:04:27 zoning administrator.

10:04:29 Plans have been certified and were provided to the city

10:04:31 clerk.




10:04:32 Staff is available if you have any questions.

10:04:33 >> Petitioner?

10:04:40 >> Joseph Diaz, 2522 West Kennedy Boulevard here on

10:04:50 behalf of the petitioner.

10:04:51 As you may recall, this application is an application

10:04:53 where we are seeking to expand an existing parking lot,

10:04:59 and we are hear for second reading.

10:05:00 We respectfully request your approval.

10:05:04 >>THOMAS SCOTT: Thank you.

10:05:04 Anyone from the public?

10:05:07 >>CHARLIE MIRANDA: I just want to say that I think --

10:05:09 my office had some contact this morning with Ms.

10:05:11 Feeley, and the ingress and egress will all be off of

10:05:15 Kennedy.

10:05:16 Am I correct, Ms. Feeley?

10:05:19 Going to the back for the pickup?

10:05:22 For sanitation?

10:05:24 >>ABBYE FEELEY: The access is on Renellie drive.

10:05:29 At the first hearing when we presented this to

10:05:31 council -- sorry, Abbye Feeley, land development.

10:05:35 I'll go ahead and put it up on the Elmo.

10:05:37 >>CHARLIE MIRANDA: The only reason I bring it up we




10:05:41 had some calls to my office yesterday and contact with

10:05:45 Ms. Feeley.

10:05:46 >> If I may orient you back to this site.

10:05:55 RENELLIE.

10:05:59 There's some commercial property here.

10:06:00 It just beyond that commercial property.

10:06:02 This is a request for a parking lot.

10:06:05 It is associated with commercial.

10:06:07 When they first came in, first reading, they had full

10:06:10 access at both of these locations.

10:06:14 It was the direction of council to channelize the

10:06:17 southern access toward Kennedy since that was the

10:06:21 access that was more adjacent to the residential uses.

10:06:26 There's still full access at the top, and that is

10:06:29 partially because of this grand tree here, and the

10:06:33 solid waste vehicle coming down to maneuver and pick up

10:06:36 the solid waste, and then will leave the site and head

10:06:40 toward Kennedy.

10:06:41 >> All of the channelization to the north toward

10:06:47 Kennedy.

10:06:47 >> The northern driveway --

10:06:49 >> Not the northern.




10:06:50 I'm talking about --

10:06:53 >>> Yes, and it has become an out only.

10:06:56 There's in a access in there.

10:06:57 All inbound will be at the more northern driveway, yes.

10:07:01 >>CHARLIE MIRANDA: Thank you very much.

10:07:02 >>THOMAS SCOTT: Anyone from the public wish to address

10:07:07 council on item 53?

10:07:09 Anyone from the public?

10:07:10 >> I have been sworn in.

10:07:17 My name is Joseph Philip, Jr., 201 south Trask and I

10:07:22 want to congratulate the new council members, Mr.

10:07:25 Stokes, Ms. Capin, and hope you have a fulfilling

10:07:32 career here.

10:07:34 Remember the last meeting we had hear was very, very,

10:07:37 very late at night, about 11:45 at night.

10:07:40 It was the last item on the agenda.

10:07:41 Everybody was worn out.

10:07:44 And I just want to make sure that we are all on the

10:07:46 same page.

10:07:49 First of all, the public notice that was put up is

10:07:54 unreadable so a lot of the elderly people could not

10:07:57 read it.




10:08:02 Nobody fixed it.

10:08:03 It been about six months.

10:08:05 Secondly, many times, there seems to be plenty of

10:08:10 parking no matter what time of day or night.

10:08:12 There's plenty of parking at this facility.

10:08:17 There's several pictures taken during dinner and lunch

10:08:19 hours, all showing plenty of parking.

10:08:21 Won't be a need for more parking on this.

10:08:23 But most importantly, we don't want this parcel turning

10:08:29 into something that it's not supposed to be.

10:08:31 As you may have read some of the letters, we brought

10:08:35 in, used to be an ice cream there and Columbia subshop

10:08:39 that was compatible with our neighborhood.

10:08:41 Very compatible.

10:08:43 Didn't need a lot of parking.

10:08:44 And when they redeveloped it to put a restaurant in

10:08:47 there, it's kind of more dense than I think it was

10:08:51 supposed to be for.

10:08:52 Kind of like putting ten pounds of chicken feed in a

10:08:57 five-pound bag.

10:08:58 Okay?

10:08:59 And what our neighborhood is concerned about is what




10:09:02 happens during the next wave of development?

10:09:08 What's going to go there now?

10:09:12 It could be much more intense, much more busy facility,

10:09:15 and we don't want traffic coming into our neighborhood.

10:09:18 Also, we feel that the 100-foot rule cited in chapter

10:09:22 272, 272, in no case shall the parking area be extended

10:09:28 more than 100 feet from the closest boundary.

10:09:31 We feel that the variance is excessive and

10:09:34 inappropriate for this modification.

10:09:36 We would like for you to keep the site plan back to the

10:09:41 prescribed 100-foot rule in chapter 27.

10:09:44 I would also like to see the northern-most traffic

10:09:48 being channeled back out onto Kennedy.

10:09:50 There's no sense in someone pulling out from the south

10:09:53 and turning right and then someone coming out from the

10:09:55 north and turning left and having a collision.

10:09:57 I think they both need to go out to Kennedy.

10:10:00 It's very important, and I don't think City Council

10:10:07 clarified the northern-most access for traffic at the

10:10:10 last meeting.

10:10:10 They clarified the southern-most access but not the

10:10:13 northernmost.




10:10:13 So we would like to see a traffic channel device on the

10:10:16 northern-most access.

10:10:18 Last but not least, we think the 100 foot rule is

10:10:32 excessive.

10:10:32 We want to see the traffic being channeled out on both

10:10:36 accesses, north and south.

10:10:48 That's all I have to say.

10:10:49 Thank you very much.

10:10:50 >>MARY MULHERN: I had a question for staff.

10:11:00 I'm looking at the zoning map.

10:11:06 And the zoning to the east says CN.

10:11:11 What does that mean?

10:11:12 Commercial neighborhood?

10:11:16 >> Neighborhood commercial, yes.

10:11:17 >> So what they are requesting is that -- what is the

10:11:25 existing zoning on the property?

10:11:27 >> The existing zoning is RS-75, residential

10:11:31 single-family.

10:11:31 >> So that's residential.

10:11:33 And what's behind it is commercial neighborhood?

10:11:37 >>> Yes.

10:11:38 >>MARY MULHERN: So their rezoning request is because




10:11:42 their request doesn't fit the zoning requirements for

10:11:45 either residential or commercial neighborhood?

10:11:48 >>> It's a special use request.

10:11:50 A parking lot in residential is special use, so it does

10:11:54 not remove the residential zoning that exists on the

10:11:57 property.

10:11:57 It just lays special permission for that use on top of

10:12:04 the zoning.

10:12:05 So it will still remain residential 75.

10:12:09 And if the parking lot were to cease operation, it

10:12:14 could return to a single-family residential lot.

10:12:19 Nor does it give it other commercial entitlements

10:12:22 besides the parking lot.

10:12:23 >> So should the ownership change or the use change,

10:12:30 the next owner would be able to -- would still have

10:12:33 this special use permit?

10:12:35 Right?

10:12:39 You said the owner or the use?

10:12:41 The use runs with the land.

10:12:43 It doesn't run with the owner.

10:12:44 But the only on the use that could be on this property

10:12:47 would be those uses permissible in the RS-75.




10:12:52 Single-family --

10:12:53 >>MARY MULHERN: If we approve the special use permit,

10:12:56 then, whoever has this, owns or is using the

10:13:02 property --

10:13:05 >>> Just for a parking lot.

10:13:06 >>MARY MULHERN: Out for a parking lot.

10:13:10 Okay.

10:13:20 >>MARTIN SHELBY: I don't know if anyone else wishes to

10:13:21 speak before rebuttal.

10:13:23 Just to let council know that I had an opportunity to

10:13:25 review the file.

10:13:26 I looked at the picture that was filed of the sign at

10:13:28 the time the affidavit was presented.

10:13:30 And it was legible in that picture in the clerk's file.

10:13:34 Therefore the notice requirements under your code have

10:13:36 been met.

10:13:36 >>THOMAS SCOTT: Okay.

10:13:41 Thank you.

10:13:41 Anyone else?

10:13:42 Petitioner, rebuttal?

10:13:50 Joseph Diaz: With respect to the channelization of the

10:13:52 north driveway, I have been in contact with the city.




10:13:55 You have a gentleman here from solid waste with.

10:13:58 And I think solid waste is going to tell that you given

10:14:01 the fact that all of the dumpsters on the west side of

10:14:04 RENELLIE are only in a southern direction, so the picks

10:14:12 up heading towards Kennedy Boulevard, given their

10:14:16 turning radius, they can't turn their garbage trucks

10:14:20 into the site if you channelize that northern driveway.

10:14:26 They can't make the turn.

10:14:30 That's my understanding of the conversations I had with

10:14:32 him.

10:14:32 You are welcome to confirm that with him.

10:14:35 My understanding quite possibly that Mary la Tiese

10:14:46 seems to be in opposition, but I haven't had any

10:14:49 conversation with her so I can't really comment on that

10:14:50 issue.

10:14:51 If I can for a second, Ms. Mulhern, because you weren't

10:14:54 here for the last hearing.

10:14:57 This is the shopping center where Panera Bread is at.

10:15:03 All of this property north of the subject property is

10:15:05 CG so the property to the west, the property to the

10:15:08 north is CG.

10:15:09 This lot right here is CG, and all of these lots are




10:15:13 CN.

10:15:14 Our parking lot would basically end right there.

10:15:20 The CN would continue further south past our parking

10:15:25 lot, about another three lots.

10:15:31 With respect to the sign, I can't tell you when he took

10:15:36 that picture.

10:15:37 That might have been this morning.

10:15:38 That sign was posted maybe three months ago.

10:15:40 I can tell you that when I took the pictures until this

10:15:46 correspondence came in within the last couple of days,

10:15:49 never heard anything about a faded sign.

10:15:51 With respect to this 100-foot waiver rule being too

10:15:56 intrusive, if I may clarify what that rule says.

10:15:58 That rule says that parking should not extend more than

10:16:04 100 feet off of the commercial use.

10:16:10 You all allowed up to 100 feet.

10:16:12 My site plan goes to 138.

10:16:15 So what you are waiving is 38 feet.

10:16:18 You are not waiving 138 feet.

10:16:21 100 feet is already permissible under the city code.

10:16:32 Unfortunately, we disagree with that gentleman's

10:16:44 assertion. If we didn't think we needed more parking




10:16:47 we wouldn't be here today.

10:16:48 He may have gone at some time in the day and taken a

10:16:51 picture maybe Sunday at 11:00 in the morning.

10:16:53 I don't know when he was there, and maybe there were no

10:16:56 cars, but we are not here because we don't need that

10:16:58 parking to serve our business.

10:17:04 As I stated before, we respectfully request your

10:17:07 approval.

10:17:08 >>MARY MULHERN: I'm going to ask you first, and then

10:17:11 maybe Ms. Feeley or solid waste would weigh in.

10:17:15 Basically what you are saying is our current garbage

10:17:17 pickup, tore new garbage pickup?

10:17:23 >>> The current, there are approximately ten dumpsters

10:17:26 along the west side of Renellie and all of those

10:17:31 dumpsters are oriented in a southerly direction and

10:17:33 everybody there like that for years.

10:17:35 This is not now arising because of our request.

10:17:39 When they do their run, they run down in a northerly

10:17:42 direction on Renellie.

10:17:45 As it presently exists now they then turn into this

10:17:48 driveway that he wants to you channelize in a southerly

10:17:50 direction, come onto our property, take our two




10:17:53 dumpsters, and then they have to basically back out

10:17:57 back to Renellie to then continue north.

10:17:59 So the new site plan, they would come in on that same

10:18:04 northern driveway, drive up, pick up the dumpsters,

10:18:09 back out, and then go out that channelized driveway at

10:18:14 the south.

10:18:19 >>MARY MULHERN: Basically what you are saying is they

10:18:22 can make a left turn -- it possible for the -- only

10:18:28 possible for these garbage trucks to make a left turn

10:18:30 rather than a right turn?

10:18:32 >>> A right turn.

10:18:33 They are coming from the south.

10:18:36 They are coming from the south heading north, and they

10:18:38 are turning right to come onto our property.

10:18:40 >> To enter, right.

10:18:42 >> Okay?

10:18:43 And so they are wanting that driveway -- they are

10:18:46 wanting it to be channelized which means now that I

10:18:48 guess the garbage truck would have to go past us, turn

10:18:51 around somewhere, and then come back to just pick us

10:18:54 up, because they couldn't do their normal run.

10:19:00 >>MARY MULHERN: I don't have a site plan in front of




10:19:08 me.

10:19:09 If you would put it up there so you can show me on

10:19:11 there.

10:19:17 >>THOMAS SCOTT: Okay.

10:19:17 Mr. Dais, were you raise ago question with staff?

10:19:22 Are you talking to staff?

10:19:24 >>MARY MULHERN: It's okay, he can show me.

10:19:26 I just want with someone to show me.

10:19:28 >>> It is north.

10:19:32 This building here is Kennedy Boulevard.

10:19:34 Here is Renellie.

10:19:36 Over here is that shopping center that we are talking

10:19:38 about.

10:19:39 Along Renellie, there are garbage cans, or dumpsters

10:19:44 that are oriented in a southerly direction.

10:19:47 So as it presently exists, the dumpster truck comes

10:19:51 this way, makes all its pickups, gets to our property,

10:19:55 turns in here, comes over here.

10:19:59 The dumpsters presently sit about here, pick them up

10:20:03 and then they back up and go out.

10:20:06 Now they are going to come like this, pick up and go

10:20:09 this way.




10:20:12 This is the driveway they are now asking you to

10:20:15 channelize in a southerly -- in a northerly direction.

10:20:17 >>MARY MULHERN: And that driveway now is your ingress?

10:20:26 >> Right now, this doesn't exist.

10:20:29 So that's the only way --

10:20:31 >>MARY MULHERN: Okay, the other one -- all right.

10:20:33 >>THOMAS SCOTT: Other questions from council?

10:20:45 >>YVONNE CAPIN: I'm very familiar with the area.

10:20:47 I lived for ten years at 302 west royal palm way.

10:20:52 My property backed up to Azeele, on the corner of

10:20:57 RENELLIE, so I drove up RENELLIE drive from Kennedy for

10:21:01 years.

10:21:06 Isn't RENELLIE the back of the plaza where Panera's and

10:21:10 the shopping center is lined with dumpsters.

10:21:14 Correct?

10:21:15 >>> That is correct.

10:21:17 >> And that's been in there for years.

10:21:20 >>> I don't know for how long but I would as assume as

10:21:25 that --

10:21:26 >> I have been there for ten years, and for ten years

10:21:28 it was there.

10:21:29 So I just wanted to ask you that question.




10:21:33 They are there now.

10:21:34 >>> Oh, there are 13 dumpsters between Kennedy and

10:21:39 Cleveland on the west side of RENELLIE.

10:21:44 >>YVONNE CAPIN: I'm very familiar with that.

10:21:46 Thank you.

10:21:46 >>THOMAS SCOTT: Any other questions from council?

10:21:48 Okay.

10:21:49 Motion to close.

10:21:51 >>CHARLIE MIRANDA: So moved.

10:21:53 >>MARY MULHERN: Second.

10:21:53 >>THOMAS SCOTT: All in favor?

10:21:55 Okay.

10:21:55 What's the pleasure of council?

10:21:57 >>GWEN MILLER: Need to read it.

10:22:04 53.

10:22:07 >>YVONNE CAPIN: I move to adopt the following ordinance

10:22:10 upon second reading.

10:22:11 Ordinance presented for second reading.

10:22:15 An ordinance approving a special use permit S-2

10:22:18 approving parking, off-street commercial in an RS-75

10:22:24 residential single-family zoning district in the

10:22:25 general vicinity of 106 and 108 RENELLIE drive in the




10:22:29 city of Tampa, Florida and as more particularly

10:22:34 described in section 1 hereof providing an effective

10:22:36 date.

10:22:40 Continued from July 15, 2010.

10:22:43 >>CURTIS STOKES: Second.

10:22:45 >>THOMAS SCOTT: Seconded by councilman Stokes.

10:22:47 Record your vote, please.

10:22:58 >>THE CLERK: Motion carried with Scott voting no.

10:23:00 >>THOMAS SCOTT: Item 54.

10:23:05 >>GWEN MILLER: Move to close.

10:23:15 >>THOMAS SCOTT: Anyone from the public wish to address

10:23:17 the public on item 54?

10:23:20 >>CHARLIE MIRANDA: Second the motion to close.

10:23:23 >>THOMAS SCOTT: All in favor?

10:23:24 Opposes?

10:23:24 Councilman Caetano.

10:23:25 >>JOSEPH P. CAETANO: An ordinance presented for second

10:23:28 reading and adoption, an ordinance amending ordinance

10:23:31 2006-159 as amended by ordinance 2008-137 vacating,

10:23:36 closing, discontinuing, abandoning certain

10:23:40 rights-of-way all or a portion of those certain

10:23:43 rights-of-way contained within the proposed Heights




10:23:46 community development district generally located south

10:23:48 of Ross Avenue, west of Tampa street, north of the

10:23:53 north bank of the Hillsborough River, and east of North

10:23:56 Boulevard in the City of Tampa, Hillsborough County,

10:23:59 Florida, amending section 5 of said ordinance to allow

10:24:03 the petitioner additional time to comply with ordinance

10:24:06 conditions, providing an effective date.

10:24:07 >>THOMAS SCOTT: Moved and seconded by councilman

10:24:11 Miranda.

10:24:12 Record your vote, please.

10:24:21 >>THE CLERK: Motion carried with Mulhern being absent

10:24:26 at vote.

10:24:26 >>THOMAS SCOTT: We have about five minute before our

10:24:36 10:30 staff report time certain.

10:24:42 We can take up new business.

10:24:44 Does anyone have new business?

10:24:47 >>CURTIS STOKES: No, sir.

10:24:47 >>CHARLIE MIRANDA: No, sir.

10:24:52 >>GWEN MILLER: None.

10:24:53 >>THOMAS SCOTT: Councilman Caetano?

10:24:55 >>JOSEPH P. CAETANO: None right now, Mr. Chairman.

10:24:59 >>THOMAS SCOTT: We are under new business.




10:24:59 Two items I want to come -- bring up.

10:25:03 I think you received a memo from me yesterday

10:25:05 requesting we do a commendation at our next City

10:25:07 Council meeting, which is the 5th, I believe, of

10:25:11 August.

10:25:11 This commendation is going to the three women who

10:25:13 assisted the two policemen a few weeks ago, Dolores

10:25:16 King, Miss Dotson and Miss Roundtree.

10:25:26 Let me also say that I was on a talk show this past

10:25:32 weekend, and Chief Castor called in, and I wanted to

10:25:36 thank her for calling in and explaining a lot of the

10:25:40 concerns that the residents or people have in the

10:25:43 community, and also ongoing support for these three

10:25:47 women.

10:25:50 I understand one of them has been moved and much better

10:25:53 living arrangement conditions or better housing, and

10:25:57 they have been given supplies, backpacks to the

10:26:01 children as they go to school, also receiving

10:26:07 counseling, that would come from the families of the

10:26:09 police officers, and other policemen.

10:26:11 And so we certainly want to thank the chief for her

10:26:15 ongoing support of these three women.




10:26:18 So the motion is for commendation to all three of these

10:26:21 women.

10:26:21 >>GWEN MILLER: Motion and second.

10:26:22 All in favor say Aye.

10:26:24 Opposed, Nay.

10:26:24 >>THOMAS SCOTT: Okay.

10:26:27 The second thing I want to bring to council is, and I

10:26:32 want to be very clear, that the mayor and I were in

10:26:36 consultation, had a chance to talk, I believe on Monday

10:26:39 or Tuesday, relative to renaming the College Hill

10:26:44 library.

10:26:51 The city does not have the authority to do that.

10:26:53 However, we can petition the county commission who does

10:26:55 that.

10:26:56 I have already been in contact with Mr. Ken Hagan,

10:26:59 chairman.

10:27:00 I have already sent a letter over.

10:27:05 I think it will send a stronger statement a letter

10:27:08 coming from City Council.

10:27:09 And so I will move that council would allow me to draft

10:27:13 a letter on behalf of City Council requesting that the

10:27:15 College Hill library be named in honor of Mr. Steve




10:27:20 light Andrew, a citizen who served this community well

10:27:23 for many years, and has family everybody good citizens

10:27:27 throughout this community.

10:27:28 And so that would be my motion.

10:27:30 >>GWEN MILLER: I have a motion and second.

10:27:32 All in favor say Aye.

10:27:34 Opposed Nay.

10:27:36 >>JOSEPH P. CAETANO: I have a new business I want to

10:27:39 bring up.

10:27:41 We have requested in the past that the administration

10:27:43 or public works look at County Line Road for

10:27:46 streetlights.

10:27:47 Last night I was coming down County Line Road, and

10:27:50 there was a gentleman on the side of the road, sort of

10:27:53 walking in the grass.

10:27:54 I didn't see him until I was almost on top of him.

10:27:57 It's very dangerous.

10:28:00 And I know we generate a lot of revenue out of Grand

10:28:03 Hampton.

10:28:05 It's a mixed bag because you have Hillsborough County,

10:28:07 you have Pasco County, and you have the City of Tampa

10:28:10 there.




10:28:11 I think there needs to be a joint effort in order to

10:28:14 get some streetlight there, because there are more and

10:28:16 more people walking on that road at night.

10:28:20 >>THOMAS SCOTT: Okay.

10:28:23 We will move --

10:28:25 >>MARTIN SHELBY: A question then.

10:28:26 Did you want to just make the statement?

10:28:29 Did you want --

10:28:32 >>JOSEPH P. CAETANO: I want the administration to come

10:28:33 back with a report.

10:28:34 Are they going to dot?

10:28:35 I was told that the poles are too far off the road.

10:28:39 And if they are too far to have road, somebody has got

10:28:42 to put some new poles up there because there have been

10:28:45 a lot of deaths there right now in the last couple of

10:28:48 years.

10:28:48 >>MARTIN SHELBY: Did you want that staff report on the

10:28:50 26th of August?

10:28:56 >>JOSEPH P. CAETANO: Right.

10:28:58 >>THOMAS SCOTT: Moved and seconded.

10:28:59 All in favor signify by saying Aye.

10:29:01 Opposes?




10:29:05 Okay.

10:29:10 We still have about a minute.

10:29:11 We want to take up the item 66.

10:29:24 Do we need to wait until exactly 10:30?

10:29:26 >>MARTIN SHELBY: My apologies.

10:29:28 There is one other item you can take up right now.

10:29:30 That is number 81 which was added to the agenda it just

10:29:40 a consent item to set the resolution for the Central

10:29:42 Park development group LLC to create a community

10:29:46 development district for Encore.

10:29:48 >>THOMAS SCOTT: Thank you.

10:29:51 Thank you for highlighting that H.so we have a motion.

10:29:53 Did we get a motion?

10:29:55 >>GWEN MILLER: Move resolution 81.

10:29:59 >>THOMAS SCOTT: Moved by Councilwoman Miller, seconded

10:30:01 by Councilwoman Mulhern.

10:30:03 This is setting the -- for the Encore development in

10:30:09 Central Park.

10:30:12 To move forward the redevelopment and the building of

10:30:22 the Encore project.

10:30:23 All in favor say Aye.

10:30:24 Opposes?




10:30:25 Okay.

10:30:25 >>MARTIN SHELBY: Item 66?

10:30:42 >>GWEN MILLER: Wait for Mr. Miranda to come back.

10:30:43 >>THOMAS SCOTT: Item 66, the public hearing has been

10:30:47 closed on that item.

10:30:48 All that's required is a vote by council on item 66.

10:30:58 >>MARTIN SHELBY: Mr. Chairman, by way of background,

10:31:03 council, to refresh your recollection, this was placed

10:31:05 on the agenda from, I believe, June 24th.

10:31:11 It was placed on this agenda pursuant to rules 4-C and

10:31:15 4-E, requesting an SU-II sale of 4(COP-X) at 208 South

10:31:26 Howard Avenue.

10:31:28 Council, councilman Caetano presented the ordinance for

10:31:34 first reading.

10:31:36 It was read by title only at that time.

10:31:39 Further, the motion included that the site plan be

10:31:41 amended between first and second reading to incorporate

10:31:45 the decisions outlined by Abbye Feeley of land

10:31:49 development, and the condition requested by Ron Weaver,

10:31:53 petitioner's representative, that the business shall

10:31:55 offer full course meals consisting of salad, vegetable

10:31:58 and entree during all hours, that alcoholic beverages




10:32:03 be added as well.

10:32:05 That was not adopted with council members Miranda and

10:32:07 Mulhern voting no.

10:32:09 Because this did not receive the requisite four votes

10:32:12 as required by the city charter, it is continued to now

10:32:16 having a full council present.

10:32:18 We are awaiting Mr. Miranda returning to the dais.

10:32:23 But that being said, before you is this item.

10:32:27 The public hearing is closed.

10:32:29 There is no additional testimony.

10:32:31 You are to base your evidence solely on the record that

10:32:34 was presented up to the close at the public hearing.

10:32:36 Council members Capin and Stokes have been provided

10:32:40 with the DVD and the record.

10:32:42 And I ask each of you, are you prepared to vote on this

10:32:45 item?

10:32:46 Council member Capin.

10:32:48 >>YVONNE CAPIN: Yes.

10:32:49 >>MARTIN SHELBY: Council member Stokes?

10:32:51 >>CURTIS STOKES: Yes.

10:32:53 >>MARTIN SHELBY: You are presented with an ordinance

10:32:54 for first reading.




10:32:55 And the effect of that, council, is that should this

10:32:58 pass, your motion in effect is to move it to a second

10:33:01 reading and adoption public hearing where the item will

10:33:03 be considered again.

10:33:07 And that would be, I believe, August 24th if it

10:33:10 does go forward.

10:33:12 So that being said, I would ask that the maker of the

10:33:15 motion read the ordinance again by title as required by

10:33:18 Florida statutes, and then a vote be taken.

10:33:21 >>THOMAS SCOTT: Ms. Miller.

10:33:25 >>MARTIN SHELBY: Mr. Caetano.

10:33:26 >>THOMAS SCOTT: Item 66.

10:33:27 >>MARTIN SHELBY: It's just an ordinance repealing.

10:33:39 Read right from there.

10:33:40 >>JOSEPH P. CAETANO: An ordinance repealing ordinance

10:33:50 96-116 approving a special use permit S-2 for alcoholic

10:33:58 beverage sales small venue and making lawful the sale

10:34:01 of beverages regardless of alcoholic content beer, wine

10:34:04 and liquor 4(COP-X) for consumption on premises only at

10:34:07 or from that certain lot, plot or tract of land located

10:34:12 at 208 South Howard Avenue, Tampa, Florida, as more

10:34:17 particularly described in section 3 hereof, providing




10:34:19 for repeal of all ordinances in conflict, providing an

10:34:22 effective date.

10:34:22 >>MARTIN SHELBY: Seconded by Councilwoman Miller.

10:34:29 Just do clarify that was repealing ordinance 96-116.

10:34:33 >>CHARLIE MIRANDA: You know, Mr. Chairman --

10:34:38 >>MARTIN SHELBY: Mr. Miranda, I'm sorry.

10:34:41 I don't believe that any discussion amongst council, it

10:34:46 just for a vote at this point in time.

10:34:48 That was my understanding, that there would be no

10:34:50 debate.

10:34:53 >>CHARLIE MIRANDA: All right.

10:34:54 Then I stand muted.

10:34:56 [ Laughter ]

10:35:02 >>THOMAS SCOTT: It's moved and seconded.

10:35:03 All in favor signify by saying Aye.

10:35:06 Opposes?

10:35:10 >>THE CLERK: Motion carried with Miranda voting no.

10:35:14 >>CHARLIE MIRANDA: I stand alone, too.

10:35:16 >>THOMAS SCOTT: Mulhern as well.

10:35:18 >>THE CLERK: And Mulhern.

10:35:19 >>MARTIN SHELBY: We have an announcement, second

10:35:22 reading of public hearing.




10:35:24 >>THE CLERK: Second reading of the ordinance will be

10:35:25 held August 6th at 9:30 a.m.

10:35:30 >>CHARLIE MIRANDA: At which time I can speak.

10:35:32 >>MARTIN SHELBY: As to this issue?

10:35:38 At second reading you certainly can, sir, absolutely.

10:35:40 >>THOMAS SCOTT: It is my understanding that there was

10:35:44 something going to be added to the record bit by the

10:35:46 attorney.

10:35:47 Do you still want to do that?

10:35:49 >>MARTIN SHELBY: Oh, yes, if we can.

10:35:50 Just for the purposes of the record, and my apologies,

10:35:54 Mr. Chairman.

10:35:57 At the time of the public hearing, an exhibit was

10:36:00 produced by Mr. Weaver, and that was not able to be

10:36:05 taken to the record.

10:36:07 That item was filed and submitted to the clerk in a

10:36:12 smaller paper form that does appear on your addendum,

10:36:16 and, council, it would be appropriate then to receive

10:36:18 and file that and make that as part of the record.

10:36:20 >>GWEN MILLER: Move to receive and file.

10:36:24 >>THOMAS SCOTT: Moved and second.

10:36:26 Mr. Weaver?




10:36:30 Moved and second.

10:36:31 All in favor signify by saying Aye. Opposes? Okay.

10:36:34 And we need to stress again the second reading is going

10:36:37 to be the 26th of August.

10:36:38 Is that right?

10:36:40 Everything today is going to the 26th because

10:36:42 council will not be in session on the 19th because

10:36:45 of the Florida League of Cities.

10:36:50 We will take up now item 62.

10:37:03 I would like to move that resolution.

10:37:05 If you can hold the noise down, please.

10:37:07 Council is still in session.

10:37:15 Item 62 is the resolution that's prepared, and council

10:37:22 all had access to that a few days ago.

10:37:25 That resolution simply speaks to moving forward with

10:37:28 the high speed construction for the additional fund

10:37:35 made available through the federal government.

10:37:38 >>GWEN MILLER: Second.

10:37:42 We have a motion and second.

10:37:43 All in favor of the motion say Aye.

10:37:45 Opposed, Nay.

10:37:45 >>THOMAS SCOTT: Item 63, we are requesting Mr.




10:37:52 Turanchik or someone from FDOT.

10:37:54 I believe Mr. Turanchik is here, and Mr. Thibault, and

10:38:06 from the Aviation Authority, if they would come forward

10:38:09 at this time, and address the issue.

10:38:12 As I recall, the issue of the leg going from downtown

10:38:18 to the airport applying for planning dollars, right?

10:38:26 So I guess you may want to address that.

10:38:28 Council, you may want to ask additional questions on

10:38:31 follow-up.

10:38:34 Last week -- the motion had just passed, but the

10:38:37 resolution was so that he could move forward, with the

10:38:39 new dollars he can complete the leg from Orlando to

10:38:43 Tampa.

10:38:44 The issue before us now is whether we can get planning

10:38:49 dollars to move forward to the airport.

10:38:53 Okay.

10:38:54 So you may want to speak to that.

10:38:56 >>MARY MULHERN: Yes.

10:38:58 I just want to say a few things before we start.

10:39:04 And this relate to the resolution that we just passed,

10:39:06 too.

10:39:07 I want to thank this council for our leadership in




10:39:10 voting in favor of the light rail link to the airport,

10:39:14 which we did a few weeks ago, and reaffirmed last week,

10:39:18 and it's very important to us that this go forward.

10:39:24 We are in support of a light rail station at the

10:39:28 airport.

10:39:28 And this council has been unified on that.

10:39:32 I wanted to make that very clear.

10:39:35 Since the time we passed our resolution, the Hart board

10:39:39 voted to proceed to study that light rail stop.

10:39:43 So the place we are right now is Hart is going to do

10:39:49 alternative analysis for routes, two different routes,

10:39:57 actually four.

10:39:57 They are going to study four.

10:40:01 Two from downtown to the airport and two between

10:40:02 downtown and USF.

10:40:05 So I just want to compliment everyone here for our

10:40:08 leadership on that, because a few month ago, no one was

10:40:12 even talking about having a light rail stop at the

10:40:15 airport.

10:40:15 So we are very supportive of that.

10:40:17 And I want everyone to know that.

10:40:21 We received a long memo from Mr. Thibault through the




10:40:32 mayor and I found it astonishing and I hope you will be

10:40:36 able to address this between the three of you and we

10:40:39 can ask questions.

10:40:40 But to me it was astonish issuing that he said that for

10:40:44 26 years, a high-speed rail stop at Tampa International

10:40:48 Airport has never been studied.

10:40:53 And I see Ed nodding.

10:40:55 So that's important to realize that for the first time

10:41:01 some public officials are asking for us to study that.

10:41:06 This competition between Orlando and Tampa Airport is

10:41:16 very real.

10:41:19 It must be a couple of years old.

10:41:22 And newspaper ads in the Tampa market for more than two

10:41:28 years with Orlando trying to draw to draw Tampa

10:41:36 customers to Orlando because they have more direct

10:41:38 flights.

10:41:38 And this campaign worked, because since the time that

10:41:43 they have been marketing their airport, and we have

10:41:48 less international sites, less direct flight at our

10:41:52 airport than they do.

10:41:56 So I just wanted to say that, and also say that I

10:42:00 personally -- and I believe we have shown in our voting




10:42:04 over the last month or so that we support light rail, a

10:42:10 light rail station downtown, and we support a light

10:42:14 rail station at the airport.

10:42:17 It's been made very clear, as someone from the public

10:42:19 said earlier, this is not an either-or proposition.

10:42:27 So whatever you say in the public today, please don't

10:42:29 frame it as if we are opposing a downtown light rail

10:42:32 station or an airport light rail station, because that

10:42:36 has never been said, and in fact in my three and a half

10:42:41 years on the MPO, I have been one person on that board

10:42:47 who has been insisting that we study a light rail stop

10:42:52 to the airport.

10:42:53 And I am one person, when I'm not the one person.

10:42:57 This council is the one body that has brought up when

10:43:00 we found out we were going to get high-speed rail to

10:43:02 Tampa, studying that at the airport.

10:43:10 >>THOMAS SCOTT: Let me go back and give a little

10:43:11 history because I had the privilege of serving for ten

10:43:13 years on the county commission.

10:43:15 First of all, light rail to the airport has always been

10:43:18 a part of the plan.

10:43:21 John, now I was on the aviation for five years, it part




10:43:24 of the master plan now that we voted on and approved

10:43:26 and I was on the aviation of the light rail to go to

10:43:28 the airport.

10:43:29 Secondly, it was a part of the '99 discussion, part of

10:43:34 the 2003 discussion as well, and then I also was on the

10:43:38 task force that commissioner Ken Hagan pulled together.

10:43:42 Again that task force also voted for light rail to go

10:43:46 to the airport.

10:43:48 It just that Hart now has voted to do the alternative

10:43:51 analysis to move forward.

10:43:53 But as it's always been, since I have been elected

10:43:57 official anyway for a light rail stop to go to the

10:44:00 airport, and I believe the record will show that.

10:44:04 So I just want to make that one correction, that that's

10:44:08 nothing new.

10:44:10 That goes back to my tenure on Hart as well, my tenure

10:44:15 on the county commission and also on the transportation

10:44:17 task force that voted to support that.

10:44:19 That recommendation.

10:44:20 So I just want to be clear for the record.

10:44:22 >>MARY MULHERN: Thank you for correcting me.

10:44:25 And you have a much longer history on these issues than




10:44:28 I do.

10:44:29 But let me correct myself and say that in the three

10:44:32 years that I have been on the MPO board, the airport

10:44:36 stop was not discussed, and the study was not put

10:44:44 forward.

10:44:45 And whenever I would bring that up -- and I was -- I

10:44:49 don't know if anybody else.

10:44:50 You may have brought it up on the MPO board, also.

10:44:53 But I would bring it up for the past three years, and

10:44:55 every time I would even ask, are we studying a stop at

10:44:59 the airport for light rail, there was no -- we can't do

10:45:05 that, it's not possible.

10:45:07 So when we are told it's not possible --

10:45:12 >>THOMAS SCOTT: I never heard that.

10:45:14 I have never heard light rail was not possible.

10:45:16 I never heard that discussion.

10:45:17 >>MARY MULHERN: No, in the first leg, as we are trying

10:45:21 to -- as they were building -- trying to build support

10:45:24 for the light rail referendum that's coming up in

10:45:27 November, that's what I need to clarify.

10:45:31 The light rail stop for the first leg, this is the

10:45:34 first time that it's been considered.




10:45:36 With the alternative.

10:45:37 With that vote for the alternative analysis, since I

10:45:40 have been on City Council, and on the MPO board, the

10:45:45 discussion about the route that the voters are going to

10:45:50 choose whether to support or not did not include a stop

10:45:53 at the airport.

10:45:56 If somebody can show me otherwise, fine.

10:46:01 >>THOMAS SCOTT: Do you want to come to speak to that?

10:46:03 We need to focus on this high speed leadership.

10:46:05 >> John Wheat with the international airport.

10:46:09 Pleased to be here today and to see you all.

10:46:11 The issue that councilman Mulhern has brought up with

10:46:15 regards to light rail, we have, since 2003, prepared a

10:46:20 couple of studies.

10:46:23 The most recent was in 2007 which provided for light

10:46:26 rail corridor to come into the airport on a

10:46:28 right-of-way that we have identified, and we have also

10:46:31 been able to identify that right-of-way to serve our

10:46:32 existing terminal, the future north terminal, and if

10:46:36 Hart wishes to take it further north, we also have an

10:46:39 access route on the CSX lines all the way to Linebaugh.

10:46:44 From the standpoint of the MPO, the light rail stop at




10:46:48 the airport has always been incorporated, I know, look

10:46:51 into the light rail program.

10:46:53 Council member Mulhern is absolutely correct that it

10:46:56 was never envisioned to be a first stop.

10:46:59 Normally when you are just looking at a light rail

10:47:01 program within the community, the airports are usually

10:47:04 not the first stop of that program.

10:47:07 Usually you let the major routes where your population

10:47:10 is coming from their house to the civic centers or to

10:47:13 the urban centers, and then as that builds, then the

10:47:16 airports are brought in so they are providing an

10:47:18 excellent alternative to the traveling public and the

10:47:20 workers at the airport.

10:47:22 The change that took place, that our council member

10:47:26 Mulhern has spoken about, is that when high-speed rail

10:47:30 became a reality several months ago, obviously we had

10:47:36 the same issues, and we felt that the most important

10:47:39 thing for the airport is to ensure that we have

10:47:41 connectivity with the high-speed rail station.

10:47:43 We think that is essential.

10:47:46 As well as serving the community with a complete light

10:47:49 rail station or light rail service to be able to get to




10:47:53 and from the airport a.

10:47:54 So we initiated discussions with regards to Hart.

10:47:57 Those discussions led to the announcement that council

10:48:00 member Mulhern has discussed with regards to putting

10:48:04 the airport stop at a -- looking at it to analyze it

10:48:10 for the first leg, so that we can get back in as

10:48:12 quickly as we possibly can.

10:48:14 And that's the change.

10:48:15 The change is really -- we have always been light rail

10:48:19 supportive.

10:48:19 We always had the area associated with it.

10:48:21 We have always planned on a stop.

10:48:23 With high-speed rail coming, that changed the dynamics.

10:48:26 >>THOMAS SCOTT: Thank you.

10:48:31 Mr. Turanchik, whoever, do you want to speak limited to

10:48:38 high speed going to the airport.

10:48:39 >> With me is the director of intermodal studies, and

10:48:44 efforts for district 7.

10:48:46 And Mr. Thibault is Executive Director of the Florida

10:48:49 rail enterprise fund in Tallahassee.

10:48:54 Business prevented him from being here today.

10:48:56 He did send a letter.




10:48:58 I am the director of strategy and communications for

10:49:01 Wilbur Smith, which is part of the project team that

10:49:04 supports the Florida Department of Transportation,

10:49:09 Florida rail administration and Florida rail enter

10:49:12 praise in developing the high-speed rail project

10:49:16 between Tampa and Orlando.

10:49:19 I want to address councilman's Mulhern's questions

10:49:22 about the 26 years, if I can.

10:49:24 First of all, thank you for the support for the

10:49:28 department's application for approximately a billion

10:49:30 dollars of additional funds that are currently

10:49:34 available under the passenger rail investment

10:49:37 improvement act of 2008.

10:49:42 The federal rail administration announced the

10:49:44 competition for about $2.3 billion of funds.

10:49:48 It is for construction purposes.

10:49:49 The competition for that will be as equally as intense

10:49:53 of the initial $8 billion of funds from the American

10:49:58 recovery and reinvestment act.

10:50:00 Some people know that as the stimulus act.

10:50:03 We received 1.25 billion, as Mr. Wheat and councilman

10:50:11 Mulhern indicated that has brought high speed closer to




10:50:14 reality a, but 1.25 is not 1.26 billion, so we are now

10:50:20 going after those additional funds.

10:50:23 Just six months ago the president of the United States

10:50:25 was here and made this project, put it on the front

10:50:29 burner, if you will, and we have done a huge amount of

10:50:33 work in that very short period of time.

10:50:36 The department is working very closely with the federal

10:50:40 rail administration to move the project forward.

10:50:42 The first amount of money awarded under the stimulus

10:50:45 funds by the secretary of transportation of the United

10:50:47 States was $80 million.

10:50:50 Florida got 67.

10:50:52 So we are out in front, further ahead, further along,

10:50:57 than anyplace in the United States of America.

10:51:00 I want for people to understand the difference between

10:51:02 high-speed rail and light rail.

10:51:04 High-speed rail is designed to go 225 miles per hour.

10:51:09 In this corridor between Tampa and Orlando, we are

10:51:12 looking to achieve speeds of at least 168 miles per

10:51:15 hour.

10:51:19 The initial estimated travel times between downtown

10:51:21 Tampa and Orlando international airport would be under




10:51:25 60 minutes with stops faster at express stops and maybe

10:51:28 even faster if we can get higher design speeds.

10:51:31 And that's one of the exercises that we are engaged in.

10:51:36 This whole high-speed rail effort, though, started in

10:51:38 1984 by governor Bob Graham when he went to Japan and

10:51:42 saw this concept and came back to Florida and said, we

10:51:47 need that here.

10:51:49 26 years later, here is where we are.

10:51:52 I happen to have personal involvement in the process in

10:51:55 the 90s, and more recently.

10:52:01 In that entire time, the primary focus has been going

10:52:04 from downtown Tampa to someplace in Miami.

10:52:10 The Miami end of the corridor has been anchored by the

10:52:12 Miami intermodal center with Mr. Galton can talk about

10:52:18 if you wish.

10:52:19 During that time frame, there has not been any studies

10:52:24 or efforts to take high-speed rail into Tampa

10:52:27 International Airport.

10:52:30 I can't attest to all the reasons why, but for most of

10:52:34 the time, the different proposals that have been bid

10:52:37 have gone from downtown Tampa to Orlando international

10:52:41 airport to Miami, more recently to the Miami intermodal




10:52:46 center.

10:52:47 The department has had two separate procurements for

10:52:49 high-speed rail.

10:52:52 Both ended in non-action because of political and other

10:52:57 issues at the state level.

10:53:00 On the verge of pulling the trigger twice.

10:53:02 But as a consequence, the Tampa-to-Orlando corridor has

10:53:06 been heavily, heavily studied.

10:53:08 We received a final environmental impact statement in

10:53:11 2005.

10:53:13 Through the leadership of multiple governors, I-275-4

10:53:18 has been widened and has a corridor 40-foot wide in

10:53:21 which to accommodate high-speed rail.

10:53:24 In the late 90s, the first suggestion to take

10:53:29 high-speed rail further than downtown Tampa really came

10:53:33 through the leadership of state senator Jim Sebesta who

10:53:37 urged the high-speed rail alignment continue through

10:53:40 downtown in the 275 corridor, to gateway and to

10:53:46 downtown St. Petersburg.

10:53:50 The Tampa-Orlando section has always been considered

10:53:53 phase one for 26 years, always considered the first to

10:53:57 be built.




10:53:59 Because of the tourism, and because of the short

10:54:00 distance and the financial feasibility.

10:54:03 Orlando to Miami was always phase two.

10:54:07 And Senator Sebesta came on board, it designated Tampa

10:54:11 1-A, Tampa-Orlando 1-A and Tampa to St. Petersburg 1-B.

10:54:18 (Bell sounds)

10:54:20 May I proceed?

10:54:21 In those efforts, it was only a concept plan.

10:54:26 But in those efforts, no thought or consideration was

10:54:29 given to create an alignment to the airport, because

10:54:32 phase 1-B was to go to St. Petersburg.

10:54:36 And Mr. Chiaramonte is here.

10:54:38 He can attest to that from an MPO perspective, our MPO

10:54:43 in Pinellas County, considered that possibility.

10:54:48 But when Senator Sebesta said let's take to the

10:54:51 St. Petersburg, the high-speed rail station in downtown

10:54:53 Tampa shifted from Union Station to its current site

10:54:57 next to I-275 and I-4.

10:55:01 Why?

10:55:02 To facilitate the potential movement to St. Petersburg.

10:55:05 Now, remember the Constitutional amendment mandating

10:55:12 high-speed rail was repealed, and those efforts




10:55:18 stopped.

10:55:19 So we were left as of 2004 a corridor and improved

10:55:26 environmental permit, but no funding.

10:55:28 What changed was the president's announcement of vision

10:55:31 for America and the availability of $8 billion.

10:55:34 So I hope that helps illuminate how we got here.

10:55:38 I said I wanted to distinguish between high-speed rail

10:55:41 and light rail.

10:55:42 High speed trains are 700 feet long.

10:55:45 They have very wide turning radius, very significant

10:55:50 grade requirements.

10:55:54 If you want to say from a boat perspective it's a

10:55:57 battleship whereas light rail is a runabout and they

10:56:01 have very different requirement.

10:56:04 He can talk to you at length about issues but

10:56:07 Councilwoman, I wanted to give you that perspective,

10:56:10 and the rest of the council and the citizens in

10:56:11 understanding why we are where we are and how we got

10:56:14 there.

10:56:14 One last piece.

10:56:17 For 20 years in Orlando, there has been intense

10:56:21 interest and effort to connect Orlando international




10:56:24 airport to Walt Disney World by a variety of means, by

10:56:28 a variety of vendors, some of them totally independent

10:56:32 of any high-speed rail state process.

10:56:35 But the consequence of that, because that was in

10:56:38 everyone's mind in Orlando, and everyone understood

10:56:41 that high-speed rail would go to Miami, headed south

10:56:47 basically through the airport.

10:56:49 The international airport started a long time ago

10:56:51 building envelopes to accommodate not just one rail

10:56:55 alignment but two, four double tracks, for whatever

10:57:00 accommodation might come there and start to build

10:57:02 runways over those.

10:57:03 So today Orlando international airport actually has

10:57:06 been designed and has been built to accommodate these

10:57:10 rail envelopes.

10:57:11 And again, it because of accommodation of history and

10:57:17 geography.

10:57:18 At the same time high-speed rail does not go to

10:57:20 downtown Orlando, it does not go to downtown

10:57:24 Ft. Lauderdale or downtown West Palm Beach or downtown

10:57:26 Miami.

10:57:27 And so over in central Florida, people are asking a




10:57:30 question, why doesn't high-speed rail go to downtown,

10:57:34 Orlando only go to the airport, kind of the reverse

10:57:37 situation there?

10:57:38 The secretary of transportation said high-speed rail

10:57:40 can't go everywhere, can't serve everyone, and needs

10:57:45 multiple connections to make it all work.

10:57:46 >>THOMAS SCOTT: Councilwoman Mulhern has a question.

10:57:49 >>MARY MULHERN: I want to ask you a couple of

10:57:51 questions since you are local and you know the history

10:57:53 of this.

10:57:58 Back when you started to promote our light rail, when

10:58:00 with you were on the county commission, people weren't

10:58:06 exactly supportive, were they?

10:58:09 Did you have FDOT and the Aviation Authority and the

10:58:11 mayor and your colleagues on county commission saying

10:58:16 it was a good idea?

10:58:17 >> Oh, boy, that's ancient history.

10:58:23 I think the MPO plan adopted a rail component in 1995

10:58:28 and 1996.

10:58:29 I think the Chairman Scott was thoroughly embroiled in

10:58:34 supporting those initiatives.

10:58:37 We did not have the type of broad-based public support




10:58:40 for rail transit in the 90s that we do now.

10:58:44 But there were rail alignment, light rail alignment in

10:58:50 the draft environmental impact statement that went out

10:58:53 to the airport area.

10:58:55 >>MARY MULHERN: Right.

10:58:57 But I just want to kind of point out that what we think

10:59:01 is a good idea to study a high-speed rail stop at the

10:59:10 airport has been met with institutional resistance,

10:59:13 kind of like, I think, similar to what you had.

10:59:16 So do you think it's a bad idea for us to have a study

10:59:20 for some time in the future?

10:59:22 I know, I think we all know, and councilman Scott was

10:59:27 very proactive about changing the original resolution

10:59:32 that I had proposed, because he realized it too late to

10:59:36 get current funding for construction, and we all

10:59:42 understand that.

10:59:42 But the idea that we should not have -- we shouldn't

10:59:48 study, it's not a good idea.

10:59:51 Do you agree with that?

10:59:53 To have a high-speed rail to -- to study a high-speed

10:59:56 rail stop at Tampa International Airport?

10:59:59 >>> I'm here in my capacity with Rober Smith from the




11:00:05 project team, and I think that Kevin Thibault outlined

11:00:10 appropriate and sensible positions in his letter.

11:00:13 >> And I'll ask questions because I don't think he

11:00:15 answered that question at all.

11:00:19 I think the fact that all he could tell us was that we

11:00:23 haven't studied it, and I think this is my real

11:00:25 question.

11:00:25 A couple things you said.

11:00:30 We are told that it too late -- and we have accepted,

11:00:34 we can't ask for funding right now, current grants that

11:00:40 are due in a month or a week for an airport stop.

11:00:45 But we are also told that it's never going been

11:00:48 studied.

11:00:49 So Mr. Kevin Thibault and Mr. Wheat made these claims

11:00:57 that it's never feasible but if we never studied that

11:01:00 from downtown to the airport, how do we know it's not

11:01:02 feasible?

11:01:03 >> Councilwoman Mulhern, I will say from 23 years of

11:01:08 experience now, it technically doesn't lend itself for

11:01:14 high-speed rail, only because of the nature of the

11:01:18 technologies, the curvatures, the operating speed.

11:01:23 >>MARY MULHERN: Okay, but have there been technical




11:01:27 studies?

11:01:27 No.

11:01:28 Okay, thanks.

11:01:29 So this is the only on the question I have.

11:01:34 The big argument you have is the speed, the curves and

11:01:41 the speed, right?

11:01:42 The speed.

11:01:43 What is the speed going to be between the Orlando,

11:01:48 three stops in Orlando including their airport, what

11:01:50 will the speed be for high-speed rail there?

11:01:53 >>> Good morning.

11:01:56 The speed will be -- as far as the speed between the

11:02:03 airport and the two other Orlando stops, it will be

11:02:06 relatively slow compared to the full high speed.

11:02:10 Having 68 miles per hour that we are looking at.

11:02:13 However, we are looking at not only speed but also the

11:02:16 curvature required for rail to make the turn into the

11:02:21 airport.

11:02:21 And as well as the site of the station.

11:02:26 >>MARY MULHERN: Right.

11:02:27 Doesn't the speed, really, the speed and the curvature

11:02:30 are related, aren't they?




11:02:33 >>> Somewhat.

11:02:34 However, because of length of high-speed rail train,

11:02:36 because ware looking at minimal 200 meters, you are

11:02:40 talking about 700 feet.

11:02:42 >>MARY MULHERN: Okay, is that the size of the trains

11:02:44 that are going to run?

11:02:45 I know they are going to be different trains that run

11:02:48 between the high-speed rail stops in Orlando than the

11:02:52 ones that run, you know -- are they going to have all

11:02:55 those cars, 700 feet of cars?

11:02:58 >> At the beginning we may be running half train, but

11:03:01 ultimately when connection is made to Miami, we may

11:03:03 have to run full trains.

11:03:06 We talk about eight cars linking together.

11:03:08 >> Right.

11:03:09 That's something that changes at station, right?

11:03:12 >> Well, when you design a construction, then you want

11:03:15 to build for the ultimate condition.

11:03:17 You don't want to build something that's halfway, then

11:03:21 you come in and build something later.

11:03:22 >> Right.

11:03:23 But the ultimate conditions between those short stops




11:03:29 in Orlando will never be -- it doesn't have to be built

11:03:33 for that.

11:03:33 Is that correct?

11:03:34 >> It will be built to the ultimate.

11:03:36 Everything will be built to the ultimate.

11:03:37 >> Even on the short distances between --

11:03:41 >> That's correct.

11:03:42 Because we have to count for the entire length.

11:03:48 >>MARY MULHERN: Now back to the study thing.

11:03:49 If we haven't done the study, how do we know this?

11:03:54 >> You are correct, we have not done any feasibility or

11:03:59 environmental technical study on that.

11:04:02 As I point out, technically it does not lend itself.

11:04:06 On top of that, I want to point out currently, there

11:04:09 are no federal funds available for doing a planning

11:04:12 study.

11:04:12 There were $50 million made available for planning

11:04:17 activity for high-speed rail, but that has passed.

11:04:22 The D.O.T. must submit the application to study Orlando

11:04:26 to Miami for $8 million, but that was back in May.

11:04:29 Currently, there are no longer any planning funds

11:04:34 available for a feasibility study.




11:04:37 Everything is available for implementation only.

11:04:39 >>MARY MULHERN: Okay.

11:04:40 I'm sorry we didn't apply for that in May.

11:04:42 >>THOMAS SCOTT: Councilman Miranda, and Councilwoman

11:04:47 Capin.

11:04:48 >>CHARLIE MIRANDA: If I got your figure correct, 700

11:04:51 feet.

11:04:51 That would be about two and a third football fields

11:04:55 long.

11:04:56 I just want to put it to perspective.

11:04:58 >> It's very long.

11:05:03 >>CHARLIE MIRANDA: That's about right.

11:05:04 Two and a third?

11:05:06 >>> This is in the turning radius of a high-speed rail

11:05:09 train going 55 miles an hour is about 2,000 feet.

11:05:15 In other words, to go from here to make a 90-degree

11:05:19 turn, it takes 2,000 feet, which is close to a half

11:05:22 mile.

11:05:23 So to maintain speeds, you need gradual turns and

11:05:29 gradual gradients.

11:05:33 Councilwoman Mulhern is absolutely correct.

11:05:35 No one has particularly looked closely at all those




11:05:38 details, but I think Mr. Thibault, chief of engineer,

11:05:50 has opined in his letter that the it more appropriate

11:05:53 technology, most appropriate way of approaching that,

11:05:55 is through either light rail or bus rapid transit.

11:06:01 I also want to emphasize the source of planning is the

11:06:04 same -- passenger rail passenger improvement act, and

11:06:08 that the grant application that funded Tampa-Orlando is

11:06:13 for a system that the specific approval is for Tampa,

11:06:17 Orlando, Miami.

11:06:19 So the federal government and the State of Florida have

11:06:24 become in some respects financial partners in building

11:06:27 a system that goes from Tampa, Orlando, Miami, and the

11:06:32 next segment that the department will pursue would be

11:06:35 Orlando to Miami.

11:06:39 Not only as a commitment to the federal government but

11:06:41 to also all the communities in that corridor as well.

11:06:46 So policy and operator can always change.

11:06:52 But as it stands right now, the operator of the Florida

11:06:54 Department of Transportation is once you get

11:06:56 Tampa-Orlando done, to get Orlando to Miami designed,

11:07:02 approved and built.

11:07:04 Is that correct?




11:07:12 >> That's correct.

11:07:14 >>YVONNE CAPIN: First of all I am new to the council

11:07:16 but not new to the high-speed rail.

11:07:19 I had a letter to the "The Tampa Tribune" dated Sunday,

11:07:23 January 15, 2009, in reference to high-speed rail.

11:07:29 That was a couple of month before President Obama's

11:07:32 wonderful vision for America which made me ecstatic.

11:07:37 And about eight month before the September it 9 City

11:07:39 Council high-speed rail resolution or support.

11:07:47 I also want to -- and a on this memorandum that was

11:07:52 sent to all of us as council members, on high-speed

11:07:55 rail, I also was taken aback by the 26 years where

11:08:04 there was no study when in fact the Florida voters

11:08:07 passed a high-speed rail amendment, and it was on for

11:08:11 two years.

11:08:12 So in those two years, we didn't do anything either

11:08:16 about high-speed rail to the airport.

11:08:22 On here, it says, challenges of structure from TIA to

11:08:28 downtown.

11:08:28 The risk exists that the addition could throw the

11:08:33 entire Tampa-Orlando project into subsidized

11:08:35 conditions.




11:08:36 Is this correct?

11:08:38 And how is it correct?

11:08:41 >>> I can address that.

11:08:43 Obviously Kevin will have more information but I can

11:08:44 address it.

11:08:47 When you extend a line from downtown to TIA, obviously

11:08:52 you are going to increase capital costs as far as

11:08:55 building of lines, as well as operating, which is

11:08:58 something we would like to partner with private

11:09:00 investment companies to operate.

11:09:05 Now, looking at the operation aspect of it.

11:09:08 When you stop in downtown Tampa, obviously if you don't

11:09:12 go any further, your train can turn a -- can't turn

11:09:17 around and go back to Orlando.

11:09:18 When you expand the lines to TIA you are probably going

11:09:21 to add another 25, 30 minutes to your running times.

11:09:24 In order to maintain that hourly frequency, you either

11:09:27 have to get additional trains to do that, or you expand

11:09:32 your frequency instead of hourly service you do hour

11:09:36 and a half service.

11:09:39 It would increase the operating costs to the line.

11:09:44 And we. Gone into the ridership aspect of it.




11:09:52 How much rider are you going to capture for downtown

11:09:54 Tampa.

11:09:57 >>YVONNE CAPIN: Thank you.

11:09:58 The on the part was minimal curves, high-speed, and

11:10:04 this referred to an urban environment.

11:10:06 And more urban than Shanghai is hard to find.

11:10:11 Miami urban and high-speed is there to their airport

11:10:16 as.

11:10:17 The other thing, options have even more flexibility

11:10:23 than light rail.

11:10:25 Bus, rapid transit, options have more flexibility than

11:10:28 light rail.

11:10:29 So they are proposing buses to light rail.

11:10:37 That's even better than light rail.

11:10:39 That's what stated in the memo.

11:10:41 To my understanding.

11:10:42 >> I can clarify that.

11:10:45 I think at this point, Hart has not concluded its

11:10:48 alternative analysis, as far as what technology to use,

11:10:52 to connect downtown Tampa to the airport, because when

11:10:56 with you start alternative analysis, you have to be

11:11:00 mode neutral, they call it.




11:11:01 That's a requirement from federal transit

11:11:04 administration.

11:11:04 You cannot come and identify that's going to be late

11:11:08 rail, that's going to be BRT, an express bus.

11:11:10 You have to look at all aspects of the project, as far

11:11:13 as ridership, costs, everything.

11:11:16 So at this point, I think secretary Thibault is trying

11:11:25 to address the issue, we don't know exactly what mode

11:11:29 it's going to be but there are options.

11:11:33 >>YVONNE CAPIN: Okay, I understand this, mode neutral.

11:11:38 One more thing.

11:11:39 A alignment will cause significant delays and impact

11:11:44 the goal.

11:11:44 At this point, no one is expressing to modify what we

11:11:49 have so far from Tampa to Orlando.

11:11:54 I want to just finish up with this, that I have lived

11:12:00 in Tampa for 59 years, and back in the '40s I hear

11:12:06 that some of the old-timers, when Curtis Hixon was

11:12:09 mayor, our airport was not an airport, it was an air

11:12:14 field, and he was the first to put in an airport, and

11:12:20 did he not do it.

11:12:21 The village of Miami did.




11:12:24 We know what happened.

11:12:25 They are the gateway to all of Latin America.

11:12:35 I really don't want us to pause.

11:12:39 I just want to say that during my tenure here at City

11:12:42 Council, my priority is economic development, and I

11:12:46 feel that's a three legged stool with the University of

11:12:48 South Florida, the port and the airport.

11:12:54 I will hold this chair for the next nine months and I

11:12:56 will leave a clear road map for my replacement.

11:13:00 The airport has been Tampa's stepchild for too the

11:13:04 long.

11:13:04 The terminal was inaugurated 20 years late.

11:13:09 Let not repeat this mistake.

11:13:11 It was in the '70s.

11:13:13 This is in the 40s.

11:13:17 We did not see the airports until the 70s, or the

11:13:20 international airport.

11:13:22 That's my feeling on this issue.

11:13:26 Thank you.

11:13:26 >>THOMAS SCOTT: Thank you.

11:13:29 I think we need to hear from John wheat about the

11:13:34 airport and the high speed.




11:13:36 John and I had conversation.

11:13:38 We talked about there only be one line, I guess, into

11:13:42 the airport versus trying to have high speed and light

11:13:45 rail.

11:13:46 Do you want to speak to that?

11:13:47 >> I surely will, council member.

11:13:49 What we studied in 2005, and in detail, and the study

11:13:53 was produced in 2007, was really looking at getting the

11:13:59 transportation mode to come to the airport.

11:14:00 What we studied, what was looked at was bus rapid

11:14:05 transit and light rail.

11:14:07 And as we looked at that, and we looked at that

11:14:10 corridor, it became extremely difficult for us to even

11:14:13 accommodate light rail system going into the airport.

11:14:17 Because what we have to do when we come into that on

11:14:20 that corridor is we have high grades at certain points,

11:14:23 up to 6 or 7%, we have to get under a taxiway, and the

11:14:30 high-speed rail system we had to get under three

11:14:33 taxiways if it were continued to the north terminal

11:14:36 complex.

11:14:37 And so then we also had the requirement of our roadway

11:14:40 systems.




11:14:41 So when you look at how we are set up, it a very

11:14:44 confined area that we have at Tampa international.

11:14:48 We have our two parallel runways.

11:14:50 We have the roadway system that's in between it.

11:14:53 And then we have our terminal systems.

11:14:55 And all of the air field requirements are controlled by

11:15:00 height, number one.

11:15:01 But the big issue we have in looking at that is we were

11:15:05 able to squeeze it in.

11:15:06 But we were able to squeeze it in because we had very

11:15:08 small turning radiuses.

11:15:11 We had a 6% grade that we could go up and down.

11:15:15 And as we analyze that, both the D.O.T. as well as the

11:15:19 light -- BOT and light rail could be fit in.

11:15:24 That's what we evaluated.

11:15:26 >>THOMAS SCOTT: Councilwoman Mulhern.

11:15:27 >>MARY MULHERN: Well, when you evaluated that, where

11:15:31 are those studies?

11:15:32 Was that an alternative analysis did you?

11:15:34 What was it?

11:15:35 >> It was analysis that we did to see if we could

11:15:38 bring -- if we could establish a light rail corridor




11:15:42 through the airport so that we could have stations come

11:15:44 and connect at the airport.

11:15:46 >> Did you study putting that high speed station?

11:15:50 >> No, did we not.

11:15:51 >> So you haven't studied it.

11:15:53 >> No, we did not study bringing a high-speed rail

11:15:55 station in.

11:15:56 What we did study was bringing the light rail and the

11:15:59 BRT and the results of that are that we have a very

11:16:02 limited corridor, that that can be accommodated by.

11:16:05 When we look at -- we have not studied, we could add

11:16:10 another one with, but I can tell you that with regards

11:16:12 to the taxiway issues that we have, it becomes -- the

11:16:17 impacts that you start placing on the airport of

11:16:19 relocating or moving, not necessarily -- I don't want

11:16:22 to make it sound huge, but it's an issue that you might

11:16:25 have to cut off an end of one runway, move it to

11:16:28 another runway.

11:16:29 Start looking at those kind --

11:16:31 >> So you might have to make some changes, it sounds

11:16:33 like.

11:16:33 But --




11:16:34 >> Whether we have to make changes or whether it's

11:16:36 feasible, all I'm saying and all I have ever said is

11:16:40 that the corridor that we have established for our

11:16:42 existing system today can be accommodated by light rail

11:16:47 and bus, and rapid --

11:16:50 >> Are you saying it can't be accommodated?

11:16:56 >> I'm sure anything is possible, I suppose in today's

11:16:59 environment, if you throw enough money at it.

11:17:02 But what we have looked at and what we have available

11:17:04 and what we have planned, it is a limited corridor that

11:17:07 will accommodate one line of rail transportation.

11:17:10 >>MARY MULHERN: Okay, so the corridor plan that you

11:17:16 looked at didn't consider high-speed rail.

11:17:19 Okay.

11:17:22 Did that include all of the plans for expansion?

11:17:26 I mean, I know the airport -- the Aviation Authority

11:17:29 owns so much land out there, and I know -- I have seen

11:17:33 the plans that you are going to double the airport,

11:17:36 north of the airport.

11:17:37 >> That's correct.

11:17:38 And that plan did incorporate both the north terminal

11:17:42 complex and the south terminal complex.




11:17:44 When you say we have a lot of land, we only have 3300

11:17:47 acres that the airport compared to, first, Orlando has

11:17:50 15,000 acres.

11:17:51 >>MARY MULHERN: I guess what I'm getting at is when

11:17:58 you talk about what can be accommodated as far as those

11:18:02 two modes of light rail or bus rapid transit, would was

11:18:07 that studied in the context of your long-term expansion

11:18:10 of the airport?

11:18:11 >> Absolutely, yes.

11:18:12 >> Master plan.

11:18:15 >> And that was supposed to meet our long-term

11:18:18 development at the airport.

11:18:20 >>THOMAS SCOTT: Right.

11:18:20 >>MARY MULHERN: Things have changed a lot.

11:18:22 And as Councilwoman Capin said, lots of airports around

11:18:29 the world and the country, as they plan for -- states

11:18:34 and countries plan for high-speed rail, isn't it true

11:18:37 that airports are more and more considering and putting

11:18:40 into planning stops at their airports?

11:18:43 >> The only one that I am aware of, obviously, is

11:18:46 Orlando.

11:18:46 I know in Miami, the plan there doesn't have a direct




11:18:50 stop at the airport, where it goes to is the Miami

11:18:53 intermodal center, and then the airport is connecting

11:18:56 to that Miami international, or Miami intermodal

11:19:01 center, and their approach, because of how they are

11:19:04 landlocked, they are moving all of their car rentals,

11:19:07 their parking and everything else, that's been there

11:19:10 plan for quite some time at that intermodal center.

11:19:12 >> And going to change that with their new high-speed

11:19:17 rail line, because they are not going to connect to the

11:19:21 airport?

11:19:21 >> The high-speed rail train does not stop at the

11:19:24 terminal.

11:19:24 It stops at the intermodal center and then automated

11:19:27 people mover system.

11:19:29 >> So how close to the airport is it?

11:19:31 >> I think it's a mile, mile and a half, is two miles,

11:19:34 somewhere in there.

11:19:35 And I didn't measure.

11:19:38 When this issue came up, I just got additional

11:19:41 information with regards to the intermodal system.

11:19:43 >> Well, I do know that all of California, they are the

11:19:46 other biggest recipient of the stimulus dollars for




11:19:49 high-speed rail.

11:19:50 And their airports Burbank and smaller airports, are

11:19:54 all requesting that they build their high-speed rail

11:19:59 station at their airport.

11:20:01 >>THOMAS SCOTT: Just a question in my mind, and again

11:20:05 I want to thank you all for coming today to address the

11:20:09 council's concerns.

11:20:10 It's very important to have this public debate and

11:20:12 public discussion about high-speed rail going to the

11:20:14 airport.

11:20:16 I guess the question remains is, one, Mr. Turanchik

11:20:20 raised earlier, what happens to Jim Sebesta's model in

11:20:25 terms of going from downtown Tampa to St. Pete?

11:20:29 Right now, I guess -- is that still on hold?

11:20:34 There's no money for it from what I'm hearing.

11:20:37 And secondly, if there were what seems like there's in

11:20:41 a dollars available planning, what I'm hearing.

11:20:43 There's in a dollars available for planning.

11:20:46 At it this particular point.

11:20:46 >>> That's correct.

11:20:51 Ray Chiaramonte, Executive Director, Hillsborough MPO.

11:20:54 I also want to hand out something to council that I




11:20:56 have been working on for a while, compiling a lot of

11:20:59 information, just to think about, now, if you are

11:21:02 thinking about going in a certain direction.

11:21:04 Just kind of what we know so far about this issue,

11:21:06 and -- the first thing I want to say is I completely

11:21:18 understand why people think this is a good idea,

11:21:21 because I am constantly having to explain to the my own

11:21:23 family, you know, kind whereof we are now.

11:21:26 And some of the clarification I want to get.

11:21:29 One of the reasons probably high-speed rail wasn't

11:21:32 studied is because early on in the airport commuter

11:21:35 rail was looked at, that is smaller than high-speed

11:21:37 rail.

11:21:39 There's been data in there about height of different

11:21:41 technologies and things like that, rile kind of getting

11:21:45 into the -- but high-speed rail and commuter rail are

11:21:49 both taller and does cause runway issues, as Mr. Wheat

11:21:54 mentioned and also the grade problems which I think is

11:21:56 really a significant thing to overcome. Commuter rail

11:21:58 and high-speed rail can only go on a percent and a half

11:22:00 grade and light rail can go on a 7% grade. So those

11:22:06 are probably some of the reasons they were never




11:22:06 studied.

11:22:07 But I do think there's other issues.

11:22:08 I know we compare ourselves to other cities.

11:22:11 But as a city planner for over 30 years I can tell you

11:22:14 Miami, Orlando, and Tampa are three totally different

11:22:17 cities.

11:22:18 I lived four years in the Orlando area, and that's when

11:22:21 I realized that Orlando and Tampa are world apart.

11:22:24 I think they complement each other but they are not the

11:22:26 same, and necessarily doing the same things which don't

11:22:30 make sense.

11:22:31 We have to face the fact that while Disney World, the

11:22:34 world's largest tourist attraction is closer to Orlando

11:22:36 than it is to us.

11:22:38 Now, the question is, do we want people to fly into

11:22:40 Tampa Airport and be automobile to get there?

11:22:42 Yes, absolutely.

11:22:43 But I think to get light rail really is the preferred

11:22:48 alternative, from everything that I have discovered, it

11:22:50 appears -- you know, maybe we should do a study saying

11:22:53 what would actually be faster, to get from Tampa

11:22:56 international to the high-speed rail location downtown.




11:22:59 My gut feeling is light rail would be knowing the huge

11:23:02 curve, the acceleration times, the breaking times for

11:23:05 high speed much greater like the difference between

11:23:09 driving a Ford Explorer and a Corvette, now.

11:23:12 My instinct is for short distance the Corvette is going

11:23:15 to go faster.

11:23:17 So those are some of the issues, but there's some

11:23:20 significant technical reasons why I think that that

11:23:23 wasn't studied.

11:23:24 The on the reason is what percent of people coming into

11:23:27 Tampa Airport going east, a very small percent, about

11:23:30 33rd% of our passengers go to Polk, one percent to

11:23:35 the Orlando area.

11:23:36 It very small.

11:23:37 We are a destination airport.

11:23:39 Most of the destination is Hillsborough and Pinellas

11:23:41 County, with Pasco and Sarasota following in numbers.

11:23:43 That's where people are going when they come here.

11:23:46 But, again, we can accommodate those people through bus

11:23:49 rapid transit or light rail.

11:23:50 You ask about Pinellas County and high-speed rail.

11:23:53 Early on that was thought to be a good idea, but the




11:23:56 same concerns come in when you look at the technology

11:23:59 of going down the interstate and some of the curve as

11:24:01 around Westshore, going across the bridge, with the

11:24:05 technology that's likely only once an hour, once every

11:24:08 two hours, you ask yourself, what is going to serve

11:24:11 Pinellas County better? Light rail that would run 15

11:24:15 minutes all day long or something that's only going to

11:24:17 run once an hour, once every two hours to connect them

11:24:20 to Hillsborough County?

11:24:21 And the reality is I think most of the officials now in

11:24:23 Pinellas County realize that the light rail is really

11:24:26 the preferred technology.

11:24:28 Actually, they had a committee which Councilwoman

11:24:32 Mulhern is going to be on studying that alternative

11:24:35 analysis to connect downtown Clearwater, St. Pete to

11:24:38 gateway with and across the Howard Frankland bridge and

11:24:40 connecting into Hillsborough County.

11:24:43 So they are going to be talking about that kind of

11:24:47 high-speed rail going to Pinellas County is a little

11:24:49 bit, now.

11:24:51 >>THOMAS SCOTT: I just wanted to you address that

11:24:52 because I didn't want to leave it out there after Mr.




11:24:55 Turanchik raised it and kind of left us hanging out

11:24:57 there.

11:24:58 I wanted to make sure that we kind of understand what's

11:25:00 going on with that.

11:25:02 Okay.

11:25:05 Council, just a few more questions then we need to wrap

11:25:07 this up because I do want to finish the morning agenda.

11:25:11 >>CURTIS STOKES: A general statement.

11:25:12 As a community we have two very important issues.

11:25:15 And getting these two very important issues makes mixed

11:25:20 up.

11:25:20 The one penny sales tax should be forefront in our mind

11:25:25 right now as we go forward to the November election.

11:25:27 So although I am for healthy debate on this issue, I

11:25:31 just hope we can table this issue until next year and

11:25:34 bring this issue up next year after we get the one cent

11:25:37 sales tax packed in November.

11:25:38 >>THOMAS SCOTT: Any other questions, council?

11:25:45 Councilwoman Capin and Councilwoman Mulhern.

11:25:48 Then we need to wrap it up.

11:25:50 >>YVONNE CAPIN: You bring up, councilman Stokes, a good

11:25:58 point on the one cent sales tax for light rail.




11:26:08 Yes, when it passes, hopefully that will be happening.

11:26:15 I want to clarify something.

11:26:16 When I talked about the airport.

11:26:21 The thing about the airport -- and in 1971, I flew out

11:26:27 on my honeymoon from the old Tampa Airport, returned to

11:26:30 the New Tampa airport, and it was there.

11:26:35 Orlando copied our airport.

11:26:40 And now where is Orlando as far as international

11:26:43 flights and the rest of it?

11:26:45 Granted they have Disney.

11:26:46 But we had it first.

11:26:49 So, again, I'm sorry that we did not apply for the

11:26:55 study money that is no longer available.

11:26:59 I would like to hopefully something new will come that

11:27:03 we can again apply for study money for the high-speed

11:27:07 rail to the airport a.

11:27:10 Also, the station downtown where people will have to

11:27:14 get off, get on to light rail, or bus, with whatever

11:27:20 they are carrying with them, and wait for that bus or

11:27:24 that light rail to our airport.

11:27:29 That is an issue.

11:27:31 But, as a matter of fact, I spoke to our federal




11:27:36 Congress people just on Monday about this, and about

11:27:40 how seamless this station is going to be.

11:27:48 I hope that that is very forefront in everyone's mind.

11:27:54 Thank you.

11:27:54 >> I totally agree with you, and we are trying to make

11:27:58 at very seamless connection in all our planning

11:28:00 efforts.

11:28:02 At some point, at the airport, you do have to change

11:28:05 modes with your luggage, you know, at some point.

11:28:09 So we have to think about that, and how we might do

11:28:12 that and accommodate that.

11:28:14 I just want to say, I find it interesting what you

11:28:16 said.

11:28:17 I was actually at the dedication in 1971 at Tampa's

11:28:21 airport and spent my honeymoon at the airport at the

11:28:23 hotel.

11:28:25 [ Laughter ]

11:28:26 So I relate.

11:28:33 >>YVONNE CAPIN: That's interesting.

11:28:33 I was returning from my honeymoon.

11:28:37 >>THOMAS SCOTT: All right.

11:28:37 >>MARY MULHERN: I just want to thank you for the




11:28:43 incredible job you are doing on moving multimodal

11:28:48 transportation forward on the MPO.

11:28:50 You are just doing a fantastic job.

11:28:52 And I support all of your efforts there.

11:28:57 And I support the efforts for this high-speed rail

11:29:02 plan.

11:29:05 But I just want to be careful, because, Ray, we're

11:29:09 talking about how studying -- when Chairman Scott asked

11:29:12 about Pinellas, about studying, which would be better?

11:29:17 And we are talking about two different kinds of

11:29:20 transportation, right?

11:29:21 Not just in the technology, but in the -- what they are

11:29:29 trying to accomplish, right?

11:29:31 High-speed rail is an intracity thing, right?

11:29:37 >>> You mean light rail.

11:29:38 >>MARY MULHERN: Okay, high speed -- light rail is to

11:29:51 get people around.

11:29:52 >> Well, right.

11:29:53 >> Isn't it?

11:29:54 It's to get people around.

11:29:56 But --

11:29:56 >> Within a city.




11:29:57 >> You have to look at it this as a seven or eight-mile

11:30:00 trip maximum from downtown Tampa to -- so the question

11:30:03 is, what is the best technology?

11:30:06 >>MARY MULHERN: Right.

11:30:07 I think that's where you are making a mistake.

11:30:10 And when the mayor said that it would be a bad idea, or

11:30:13 mistake or whatever, to have the high-speed rail

11:30:16 station at the airport, I think you are making this

11:30:20 assumption that we can either have high-speed rail, or

11:30:23 we can have light rail at our airport.

11:30:26 And that is not actually true.

11:30:30 And all these arguments about how we shouldn't even ask

11:30:34 the question, none of them address that.

11:30:40 Multi, the multimodal station that Miami has near their

11:30:44 airport and the multimodal station that Orlando is

11:30:46 going to have at their airport, those will have both,

11:30:49 correct?

11:30:49 High speed and light rail.

11:30:51 >> Well, Miami doesn't have light rail.

11:30:54 Miami has a heavy rail system, metro rail.

11:30:57 >> So high speed and commuter --

11:30:59 >> Some type of commuter rail.




11:31:00 But the first high-speed rail is probably going to be

11:31:04 30 miles away.

11:31:05 I mean, the high-speed rail isn't going to have any

11:31:08 other stops anywhere near.

11:31:10 >> I thought you just said it was going to be a mile.

11:31:12 >> No, the next stop north is going to be 30 or 65

11:31:16 miles.

11:31:17 >> Right.

11:31:17 >> So it will be like seven miles, I guess.

11:31:24 Okay.

11:31:24 >>MARY MULHERN: But they are getting a stop at their

11:31:26 airport.

11:31:26 >> I think it a legitimate question to ask what is the

11:31:30 best technology to make this seven mile trip, and

11:31:32 that's really the question.

11:31:33 Who can you move faster?

11:31:37 I know you are not saying it's an either-or.

11:31:40 >>MARY MULHERN: That's what I'm saying.

11:31:42 You can say what the best technology for one thing

11:31:44 S.but the best technology for high-speed, now --

11:31:51 >> Right.

11:31:53 Can light rail technology do exactly what the high




11:31:56 speed does without spending the extra money?

11:31:57 Let's face it, we are talking about something that's

11:31:59 going to cost hundreds of millions of dollars.

11:32:01 >> Right.

11:32:03 That we didn't ask for any for the airport.

11:32:06 >>THOMAS SCOTT: Okay.

11:32:06 Okay, council.

11:32:07 >> They are legitimate questions.

11:32:09 >>THOMAS SCOTT: Well, thank you, Mr. Turanchik.

11:32:15 One final word you want to mention?

11:32:17 >> Ed Turanchik: Councilman raises a legitimate

11:32:24 question about activity.

11:32:25 The world's most popular tourist destination even with

11:32:29 high-speed rail going between Tampa and Orlando has so

11:32:31 far said they are going to continue to run the Disney

11:32:35 express from Orlando international airport to their

11:32:39 resorts, for the simple reason that a person coming in

11:32:43 with baggage it's a tough thing to do mode switches.

11:32:48 And in Orlando international airport the high-speed

11:32:51 rail station is not in Orlando international airport.

11:32:55 It's in their southern terminal, about a mile south of

11:32:57 the airport.




11:32:58 So someone with bags would have to go take the internal

11:33:03 people mover, go to the high-speed rail station, to get

11:33:06 on the train, to go to Walt Disney World.

11:33:09 In Miami the same thing is true.

11:33:11 It's not seamless.

11:33:12 What Disney does is a baggage seamless system.

11:33:16 You check into the airport.

11:33:18 Your bags show up at your destination.

11:33:21 You don't have to touch anything in between.

11:33:24 I will close with these two observations.

11:33:26 Number one, the glass is 7/8ths full for us.

11:33:31 We have the unique position of being the only city in

11:33:33 Florida that will have a high-speed rail stop in its

11:33:37 downtown.

11:33:38 High-speed rail stops at airports are fundamentally

11:33:42 curtailed and limited in what you can develop for all

11:33:45 the reasons as council knows.

11:33:48 Security restrictions, all of it.

11:33:50 We have this great opportunity to have this new ground

11:33:53 transportation airport in the heart of our city on an

11:33:58 express run maybe 38 minutes from Walt Disney World.

11:34:02 This is the real picture that I think we should




11:34:05 understand and be saying, how do we connect to it?

11:34:08 Great questions.

11:34:10 And we are going to follow up on this point.

11:34:12 In 2015, as all things go well for us, high-speed rail

11:34:15 trains are coming here, and no matter what happens with

11:34:18 the referendum, Aye or Nay, we should be focused on

11:34:22 thinking about how to provide a great connection from

11:34:29 probably the best airport in a design perspective in

11:34:31 Florida to the high-speed rail station.

11:34:33 That's really important about how to do that, and do it

11:34:37 well, so it's seamless.

11:34:40 And then Mr. Wheat is working on it.

11:34:45 I know the mayor and others are working on it.

11:34:47 I think from the standpoint of focusing our efforts and

11:34:49 priorities as a community, making sure that works well

11:34:52 is something we need to start today.

11:34:56 Thank you, Mr. Chairman.

11:34:57 >>THOMAS SCOTT: Thank you.

11:34:58 And let me just thank all of you again for coming today

11:35:00 to help clarify some issues and concerns, and to have

11:35:06 this healthy debate and discussion.

11:35:08 Thank you very much.




11:35:08 >>MARTIN SHELBY: Just a reminder there is a resolution

11:35:16 attached to this item number 63.

11:35:18 >>THOMAS SCOTT: Well, the only concern I have at this

11:35:19 point, in a planning dollars are going to be available.

11:35:22 I don't know what good it's going to do at this point.

11:35:25 It's up to council.

11:35:26 >>MARY MULHERN: 26 years later, I think that we have

11:35:31 to start to study this.

11:35:34 I mean, we have heard all these arguments about why

11:35:38 it's not going to work.

11:35:39 But we don't have any actual study to back up what they

11:35:45 are saying.

11:35:45 So I think -- I think your resolution, what it does is

11:35:50 it tells the MPO, it tells the mayor, and it tells the

11:35:55 Department of Transportation, and it tells the U.S.

11:36:01 secretary of transportation, who told me a few months

11:36:04 ago, when I asked him in a room, all these people were

11:36:09 there, I said, why does Orlando get three stops of

11:36:13 high-speed rail and Tampa only gets one?

11:36:15 And he said, this is just the beginning.

11:36:20 If your local leadership would like that, then you need

11:36:25 to plan for it.




11:36:26 So I was in the policy committee meeting of the MPO

11:36:29 yesterday where Mr. Chiaramonte was identifying grants

11:36:33 that were going to be applying for next year for

11:36:37 studies for different kinds of transportation.

11:36:40 We may not have access to grants that have already been

11:36:43 applied for for studying this, but we have to at least

11:36:50 study how we can apply for some money to do the study.

11:36:53 So I think your resolution is a way for this council to

11:37:00 express that we want to study whether this is the best

11:37:05 economic development, transit plan.

11:37:11 Whether we can make it a better plan, the high-speed

11:37:13 rail plan.

11:37:15 So finding the funding, that's what we need to do on

11:37:20 the MPO, and we don't need to do it necessarily before

11:37:23 November.

11:37:25 We can concentrate on the light rail, hopefully, what

11:37:29 will be a light rail referendum.

11:37:33 So I would move your resolution.

11:37:39 >>THOMAS SCOTT: I guess the question I would raise,

11:37:40 Ray, you can answer this real quickly, because as I

11:37:43 understand, no funding money is available at this

11:37:46 particular time.




11:37:47 Do you foresee any funding available to do any kind of

11:37:49 study in terms of high speed?

11:37:52 Secondly, I hope that this would not impede whether we

11:37:56 are going to -- construction dollars now.

11:37:59 I want to make sure of that.

11:38:01 Is that right?

11:38:02 >>> I can look and see what's available.

11:38:05 I'm not aware of any.

11:38:06 One of the problems is it's in no plan we have.

11:38:09 It's not it in our comprehensive plan.

11:38:11 It's not in the MPO plan.

11:38:12 In other words, we have never said that we wanted this

11:38:14 in the first place.

11:38:15 Let me just suggest this.

11:38:18 That's probably an important decision that needs to be

11:38:20 made.

11:38:20 I think the MPO board members need to be aware of what

11:38:23 we think the issues are, and then they can decide if

11:38:27 they want to study that, or they have enough

11:38:29 information.

11:38:30 I'm going to go to the extreme here.

11:38:34 But the extreme was should we have an ocean liner go




11:38:36 back and forth between downtown Tampa and downtown

11:38:38 St. Pete?

11:38:39 You know probably you are not going to spend any money

11:38:42 studying that because it wouldn't work.

11:38:44 Another question is do we have enough information with

11:38:46 the grade separations and the timing and all to know it

11:38:50 wouldn't work or not.

11:38:51 I don't know. But people could be aware some of basics

11:38:54 and then decide what they want to do, if they want to

11:38:56 study, then we can look for areas where funds could be

11:38:59 available.

11:39:00 I don't know if any are for something not in the plan.

11:39:03 >>THOMAS SCOTT: Great.

11:39:04 I have an agenda I want to get through this morning.

11:39:06 And --

11:39:10 >> I am trying to --

11:39:11 >>THOMAS SCOTT: I understand, I understand.

11:39:12 Councilman Miranda.

11:39:14 >>CHARLIE MIRANDA: I have been quietly sitting here and

11:39:16 listening in the office doing other things at the same

11:39:18 time, but I can understand the frustration and the need

11:39:23 and so forth, who is going to pay for this study?




11:39:26 Where is the money coming from?

11:39:28 Is there money coming?

11:39:29 So then lie and I tell myself, I don't compete against

11:39:32 Orlando.

11:39:34 You compete against yourselves.

11:39:39 Does Orlando sit down and say, I want to be Tampa, I

11:39:41 want to add more cruise ships coming in and out of

11:39:45 Orlando?

11:39:46 How do they get them there?

11:39:48 So, you know, a few years ago, there's 150,000 people

11:39:52 leaving Tampa on cruise ships.

11:39:54 Now there's I believe 700,000 or so.

11:39:57 So then I hear, we don't have enough international

11:40:00 flights.

11:40:00 You're right.

11:40:01 You know why?

11:40:04 Because the need is not there.

11:40:07 Where do you have the flights?

11:40:08 No airline is going to say I'm not going to go to

11:40:11 Tampa, even though there's a waiting line for me to fly

11:40:13 out Tampa to go to South America or Central America.

11:40:16 Only British air has regular flights, if I recall.




11:40:21 And why?

11:40:22 Because the beaches advertise in Europe.

11:40:24 The beaches advertise in different areas.

11:40:26 And there's a demand for those flights coming in.

11:40:31 Just like there is a demand to go back to wherever you

11:40:33 came from.

11:40:34 So when these things happen, you will have all of that.

11:40:37 The market drives the marketplace.

11:40:39 >>THOMAS SCOTT: Okay.

11:40:43 There's a motion by Councilwoman Mulhern.

11:40:45 Is there a second to that motion?

11:40:50 >>YVONNE CAPIN: I second that.

11:40:51 >>THOMAS SCOTT: There's a motion and second.

11:40:52 And the resolution is asking, I believe, FDOT to apply

11:40:57 for planning dollars for high-speed rail to the

11:40:59 airport.

11:41:01 That's what the resolution says.

11:41:02 >>MARTIN SHELBY: I don't have the resolution in front

11:41:04 of me, but council should have it in its backup.

11:41:10 >>THOMAS SCOTT: Okay.

11:41:11 Let's take this up this afternoon.

11:41:13 >>GWEN MILLER: Let's vote on it.




11:41:16 We have it right hear.

11:41:18 >>MARTIN SHELBY: The resolution is declaring support

11:41:22 for high-speed rail at Tampa International Airport,

11:41:25 requesting the Florida Department of Transportation to

11:41:27 apply for federal grant funds for planning an

11:41:30 additional segment for high-speed rail station at Tampa

11:41:32 International Airport.

11:41:35 Providing an effective date.

11:41:35 >>THOMAS SCOTT: That's what I'm saying.

11:41:37 >>MARY MULHERN: I think the resolution is fine as

11:41:42 stated and we could go forward with it, knowing after

11:41:46 hearing from Mr. Chiaramonte that what will need to

11:41:50 happen is this will have to go through MPO process

11:41:53 before FDOT is going to apply -- even consider

11:41:57 applying.

11:41:58 So we know what the process will be.

11:41:59 >>THOMAS SCOTT: There's a motion.

11:42:00 All in favor signify by saying Aye.

11:42:02 Opposes?

11:42:03 >>THE CLERK: Can I have a voice roll call?

11:42:11 >>CURTIS STOKES: Nay.

11:42:11 >>CHARLIE MIRANDA: Nay.




11:42:13 >>YVONNE CAPIN: Yes.

11:42:14 >>GWEN MILLER: Nay.

11:42:15 >>THOMAS SCOTT: Nay.

11:42:17 >>MARY MULHERN: Yes.

11:42:20 >>JOSEPH P. CAETANO: Yes.

11:42:23 >> The motion failed 3-4 with Stokes, Miranda, Miller

11:42:27 and Scott voting no.

11:42:28 >>THOMAS SCOTT: Okay.

11:42:36 61.

11:42:37 We have guests here from Tampa General to come quickly,

11:42:41 give us an update on where we are.

11:42:55 Tampa General.

11:42:55 >> I would like to make one correction.

11:43:02 I'm actually with LifeLink.

11:43:04 >>THOMAS SCOTT: Well, it says here Tampa General

11:43:06 Hospital representative regarding LifeLink health care

11:43:10 institute.

11:43:11 Okay.

11:43:11 >> What I would like to do is share something, a change

11:43:14 that's going to be occurring in health care,

11:43:17 specifically transplant here in the coming months and

11:43:19 has been going on now for several months.




11:43:21 But before I do that, my name is Danny Hawke, the

11:43:25 transplant administrator for the Health Care Institute.

11:43:27 And I would like to read a little history, if I could,

11:43:30 about the organization in transplant in this community.

11:43:33 The LifeLink health care institute began in 1994

11:43:38 through a vision to create a world class transplant

11:43:41 physician practice in Tampa, Florida.

11:43:42 The program started by providing kidney transplants,

11:43:47 then incorporated a liver transplant department and

11:43:50 transplant cardiology.

11:43:53 -- cardiology.

11:43:54 Over time patients would receive heart, lung, pancreas

11:43:56 transplants under the care of LifeLink physicians and

11:43:59 surgeons.

11:44:00 Since 1994, 2,751 kidney recipients have benefited from

11:44:07 our services.

11:44:09 982 liver transplant recipients have benefited.

11:44:13 And 216 individuals have been freed from diabetes as a

11:44:17 result of pancreas transplants.

11:44:22 Also 924 people have benefited from the gift of life

11:44:25 for heart and lung transplantation.

11:44:29 LifeLink became a leader in providing health indication




11:44:32 to patients, public and referring physicians and

11:44:35 slowing the progression of end stage organ disease as

11:44:38 distinguished partnership with Tampa General Hospital

11:44:41 led to the development of target therapies to help

11:44:44 those waiting for life saving transplants and a program

11:44:48 boasting some of the best transplant outcomes in this

11:44:50 country.

11:44:51 Last year, plans were made to ensure the continued

11:44:55 growth and success of the adult transplant programs in

11:44:58 Tampa helping as many patients as possible, taking

11:45:03 crucial steps to implement the progression to Tampa

11:45:05 General Hospital.

11:45:08 Over many months instituted by the health care

11:45:11 institute staff began transitioning from the employment

11:45:13 of LifeLink to the employment of Tampa General

11:45:15 Hospital.

11:45:18 Next year, the care of those who receive as well as

11:45:21 those waiting for life saving transplants will be

11:45:23 provided by Tampa General Hospital medical and support

11:45:26 staff, many of which were previously employed by

11:45:29 LifeLink.

11:45:31 The transplant program will undoubtedly flourish, and




11:45:34 as more and more people receive their second chance of

11:45:37 light, Tampa Florida LifeLink will remain proud of its

11:45:41 contribution to the last 14 years to the transplant

11:45:43 effort.

11:45:44 The other reason I wanted to be here personally is

11:45:47 because, as we wind down the health care institute and

11:45:50 transition employees to the employment of Tampa General

11:45:52 Hospital, you will see notices legally that we have to

11:45:57 file in the paper and through written notification that

11:46:00 has to go out.

11:46:01 Way wanted to make sure is that LifeLink is still here

11:46:04 in this community.

11:46:05 LifeLink started as an organ procurement and recovery

11:46:10 as well as organs.

11:46:11 We are going to continue to do that.

11:46:13 It just this one division of LifeLink called the health

11:46:16 care institute, the employees and physicians are now

11:46:19 going to become employees of Tampa General Hospital,

11:46:24 and all this will be effective October 1st.

11:46:26 The patients will still be seen at LifeLink.

11:46:29 They are still going to be scheduled in our facility,

11:46:33 because at the current time Tampa general doesn't have




11:46:35 other clinic facilities to move everyone to.

11:46:38 So they have signed an agreement, release agreement to

11:46:41 stay in our facility for two more years with an option

11:46:45 for a third year.

11:46:46 But also have asked for a 09 day option out should some

11:46:50 other property become available and they relocate the

11:46:52 clinics to that facility to be named.

11:46:55 But this is -- we are working very closely with the

11:46:58 hospital.

11:46:59 We will continue to do so.

11:47:00 We will continue to exist as an organization, will

11:47:04 counsel with donor families about the option of organ

11:47:07 and tissue donation, as well as the aspect of if you

11:47:12 identified donor and organs, you have to have a tissue

11:47:15 type in the lab to match the organs to the recipients.

11:47:18 LifeLink will still continue to operate that operation

11:47:22 as well as our relatively new tissue bank facilities

11:47:26 out in West Tampa here that we just relocated to, where

11:47:31 when someone donates tissues, systems 60 people can

11:47:34 benefit from one donation.

11:47:36 We actually can figure and process the tissue for

11:47:39 transplanting to on the recipients.




11:47:41 I just wanted to share that with you guys today.

11:47:44 >>THOMAS SCOTT: Thank you very much.

11:47:46 Any questions?

11:47:47 >>MARY MULHERN: I just want to thank you for the great

11:47:49 work you are doing and give a shout out to Dr. Alfina.

11:47:56 >> We appreciate you coming today to brief us and thank

11:47:59 you for the great work you all have done.

11:48:01 >>> Thank you.

11:48:02 I appreciate your time.

11:48:03 >>THOMAS SCOTT: Thank you very much.

11:48:07 Item 64 and 65, we'll take those two together.

11:48:13 Are there any questions?

11:48:15 We have all been briefed on this particular item.

11:48:18 This is the parking change downtown relative to our

11:48:23 parking meters.

11:48:24 Do you want to give us an overview, brief overview?

11:48:27 >>> Irvin Lee, director of public works.

11:48:32 I believe you all have received information, advance

11:48:36 information on what is a great opportunity for Tampa's

11:48:38 downtown, with the acquisition, installation and

11:48:44 operation of multi-spaced meters in downtown core.

11:48:48 I would be happy to answer any questions that you might




11:48:50 have.

11:48:50 >>CHARLIE MIRANDA: I just want to -- I think we met

11:48:55 and cleared this up.

11:48:56 But two things.

11:48:57 First, if you go and park your car at one of these

11:49:03 meters and you leave before it's up, does it go back to

11:49:06 zero and the next person has to repay again?

11:49:10 Are there any time left for somebody else to use?

11:49:16 As I read, they are credit card, they are electronic,

11:49:22 they do everything but comb your hair.

11:49:24 And you know and I know what that is.

11:49:31 [ Laughter ]

11:49:32 The next thing is of the $2.138 million, if nothing was

11:49:37 to happen, at what point in time do these axes meet

11:49:42 with the return of the 2.138 million becomes reality?

11:49:46 In other words, if the system that you have now doesn't

11:49:50 need $2.138 million, and I see where there's a

11:49:53 management fee of $1500 a month, fleece some other

11:49:56 charges that have not been -- I didn't read the whole

11:49:59 thing because it's voluminous, but I just picked out

11:50:02 little things that I thought I could bring up.

11:50:05 And those were the things.




11:50:06 The other thing that's troubling a little bit is that

11:50:09 it's for a three-year contract with four one-year

11:50:17 extensions so I'm assuming the first three years like a

11:50:23 patient is not breathing very well and nothing happens

11:50:25 as far as rates and so forth.

11:50:28 What happens?

11:50:29 Do we have experience from the other cities that I saw

11:50:34 some in Canada, some in Florida, some in Texas?

11:50:37 What happens in the fourth year when those softwares

11:50:42 and hardwares are updated or something?

11:50:45 I learned one thing about computers.

11:50:47 Buying them is the cheapest part.

11:50:51 And what happens after that?

11:50:53 The maintenance is what grabs you.

11:50:55 And it's what chokes on you.

11:50:57 So I'm not talking about this specific item.

11:51:00 But do we know what the cost is going to be down the

11:51:02 road?

11:51:03 From any city that has this system?

11:51:10 >> Councilman, let me start with the first one.

11:51:12 In terms of the additional time left on a meter, the

11:51:20 really great thing about this system is it allows




11:51:22 people to purchase the amount of parking time that they

11:51:25 need.

11:51:26 And if by some chance they happen to purchase more time

11:51:33 than they actually need, then again that's no different

11:51:36 than any other commercial transaction.

11:51:38 You pay for what you want.

11:51:40 You pay for what you need.

11:51:41 Unfortunately this system does not provide, the

11:51:45 technology is just not there to provide people a

11:51:48 refund.

11:51:49 When you go --

11:51:51 >>CHARLIE MIRANDA: No, no, I'm not asking for a refund.

11:51:54 I'm sorry I misled you in that way.

11:51:56 If I go to a meter and I buy an hour and a half, I come

11:52:01 to City Hall for whatever purpose, and I finish in 15

11:52:04 minutes and I leave, what happens to that 1 hour 15

11:52:08 minute on the meeter?

11:52:09 Does it go to zero?

11:52:11 Or does it stay at 1 hour 45 minutes?

11:52:22 In other words, would like to give the city a break.

11:52:24 >> Jim Corbett, parking manager.

11:52:26 To answer that question, it doesn't go back to zero.




11:52:29 There's not a display screen that will tell you that

11:52:34 you have got 15 minutes left.

11:52:36 Each person that interact with that multi-space machine

11:52:39 will have a fresh start to pay.

11:52:42 So you are essentially buying that time that will

11:52:46 enable you to park this as long as you choose, but

11:52:48 again if you leave early, that's your decision.

11:52:52 >> Lose the time.

11:52:54 >> You lose the time.

11:52:55 >>THOMAS SCOTT: Councilman Caetano and Councilwoman

11:53:03 Capin.

11:53:03 >>JOSEPH P. CAETANO: I met yesterday with these two

11:53:06 gentlemen.

11:53:06 You have been working on this for a couple of years?

11:53:09 >> It's been about two years.

11:53:11 We started doing a lot of the research back in 2008,

11:53:14 even 2007, late 2007.

11:53:16 >>JOSEPH P. CAETANO: When were the council members

11:53:20 tuned in on this, or when were we told this was going

11:53:24 to happen and we actually got the literature?

11:53:26 >> I believe that was the current council that's in

11:53:28 place today, I believe you all were notified, was it




11:53:33 within a week that you received --

11:53:35 >> Yesterday was the first time that I saw this.

11:53:37 We have 530 pages.

11:53:39 I am not ready to vote on this today.

11:53:41 And looking at this, we are in a deficit right now.

11:53:44 We are going to spend whatever money we have in the

11:53:46 bank.

11:53:47 We are not going to get rid of any employees.

11:53:49 Usually when with you go to technology, you are going

11:53:51 to improve our bottom line.

11:53:54 We are not going to improve our bottom line.

11:53:57 They are already talking about price increases down the

11:53:59 road if this happens.

11:54:00 >> I'm not so sure I understand that.

11:54:03 Price increases?

11:54:05 >>JOSEPH P. CAETANO: On one of the front pages here, I

11:54:08 haven't had a chance to read it all because I left

11:54:10 yesterday around 4:00 or something like that, I think,

11:54:15 in item number -- is it the fifth item?

11:54:29 But there is language here about price increases.

11:54:35 Down the road.

11:54:36 In the not-too-distant future.




11:54:40 When it talks about the three-year agreement, to follow

11:54:42 up on what councilman Miranda asked, we do have

11:54:47 four one-year renewal options.

11:54:51 It says the agreement can renew at the same rates, the

11:54:54 same cost for those four, one-year renewals and if

11:54:58 there's no objection from either party it can roll over

11:55:00 after year seven is complete.

11:55:02 So eight, nine and ten and so forth can renew at the

11:55:06 same rates.

11:55:07 We do have the option to -- it is a one-year warranty

11:55:11 on the equipment.

11:55:12 We had the option to purchase an extended warranty on

11:55:16 the software and the hardware if we so choose, after

11:55:20 that first year.

11:55:22 That's the only thing that I believe it mentions any

11:55:25 kind of additional price --

11:55:27 >> Well, the fifth item, the annual operating expenses

11:55:29 shall not exceed 255,078.48 annually for the term of

11:55:35 three years, and it goes on, the price escalation

11:55:39 percentage change will not exceed the consumer price

11:55:42 index CPI.

11:55:44 Okay.




11:55:45 So you are talking about a price increase.

11:55:49 That's what CPI means.

11:55:52 I'm not ready to vote on it.

11:55:54 I don't know if everybody read this.

11:55:56 Charlie said he read some of it.

11:55:58 I read some of it last night till 2:00 in the morning,

11:56:01 fell asleep on the couch.

11:56:03 I'm not ready to vote on it.

11:56:04 >> Okay.

11:56:07 Councilwoman Capin.

11:56:15 >>YVONNE CAPIN: When with you all came by to brief me

11:56:18 on this yesterday, one of the questions I asked was

11:56:22 exactly what I think councilman Miranda was referring

11:56:27 to as to if there's time left over on the meter, and

11:56:31 you park in that space, and you go and purchase more,

11:56:35 that time is added to your space, because you also said

11:56:39 that if you park, and you are ten blocks away, when you

11:56:45 realize your time is running out, you can actually go

11:56:48 to any meter and purchase more time for that space.

11:56:52 Is that correct?

11:56:53 >>> That's correct.

11:56:55 >>YVONNE CAPIN: I just wanted to make myself clear on




11:56:58 that.

11:56:58 Thank you.

11:56:58 >>THOMAS SCOTT: Any other questions?

11:57:01 Any other questions?

11:57:02 I guess the question raised, since councilman Caetano

11:57:06 says he's not prepared today, is this something that is

11:57:10 urgent?

11:57:12 Needs to be passed today?

11:57:13 >>> We would probably have to confer with the

11:57:16 purchasing department.

11:57:19 They drafted the agreement with the vendor at this

11:57:22 point.

11:57:22 >>GWEN MILLER: I would move resolution 64.

11:57:28 >> Second.

11:57:29 >>THOMAS SCOTT: Councilman Caetano?

11:57:33 >>JOSEPH P. CAETANO: I make a motion to postpone this

11:57:36 for 30 days.

11:57:37 I would like to read it.

11:57:38 I think we are a little premature.

11:57:41 I asked the gentleman if there's a price increase, item

11:57:43 number 5, one of the first statements here talks about

11:57:47 consumer praise index, if they are going to increase




11:57:50 the prices.

11:57:51 >>THOMAS SCOTT: Okay, the question is, there's a motion

11:57:54 on the floor to move this item at this particular time.

11:57:58 And so that is the motion on the floor.

11:58:02 You have an opportunity to vote against that motion.

11:58:07 >>CHARLIE MIRANDA: Or he can make a substitute motion

11:58:08 that would take precedence over the motion on the

11:58:10 floor.

11:58:11 I'm not trying to dialogue this thing one way or the

11:58:13 other.

11:58:14 But to read all that amount of voluminous pages is an

11:58:18 awful lot of reading, and I'm not trying to kill this

11:58:20 thing.

11:58:22 It may be the best thing for the city.

11:58:23 But you have to prove to me where the $2.138 million

11:58:27 starts to return on the investment if nothing is done

11:58:32 out seven years, where will we be and what is the cost?

11:58:37 And what is the cost going to be at 2.138 million seven

11:58:40 years from now, and no one knows what the cost is going

11:58:43 to be on those four, one-year contract.

11:58:46 There is language in there that indicates from what I

11:58:49 heard from Mr. Caetano that the CIP or CPI, the




11:58:56 consumer price index is going to go up.

11:58:58 If it goes up by 3% there's a 3% charge.

11:59:01 Charge.

11:59:01 If there's not then there's a level.

11:59:03 So there's a lot of things that have to be considered

11:59:05 before I, one individual, can say, you know what?

11:59:08 I'm not disagreeing with you.

11:59:10 I just don't have all the facts and information in the

11:59:12 short period of time that I had to do to do the other

11:59:15 city work, and then digest 514 pages of material.

11:59:20 So what I'm saying is, it's very hard for me to vote on

11:59:26 something that I don't know all the parameters or the

11:59:30 whereabouts that could happen.

11:59:39 There's some cities that have 42 meters, 16 meters, and

11:59:42 some were larger.

11:59:43 But there were some that were very small amount of

11:59:46 meters.

11:59:46 Am I correct?

11:59:47 >>> That's correct.

11:59:49 >>CHARLIE MIRANDA: So what I'm saying, I don't know

11:59:52 what these cities D.I don't know how they implemented

11:59:54 it.




11:59:55 But those are the things that I'm looking at.

11:59:58 And I understand that I always have a plan B.

12:00:02 And if this was to pass, don't give your parking meet

12:00:05 areas way because you don't know what's going to happen

12:00:07 in four years.

12:00:07 >>THOMAS SCOTT: My suggestion, council, then with the

12:00:10 questions that are being raised, why don't we continue

12:00:12 the item for two weeks.

12:00:16 Two weeks will probably give you enough time to have

12:00:18 review the item.

12:00:18 >>> Greg Spearman, director of purchasing.

12:00:26 The price increase clause that councilman Caetano

12:00:30 referred to is standard in all of our contracts.

12:00:32 It doesn't mean that we are going to have to pay for

12:00:36 price increase, but as conditions change in the market

12:00:39 with labor, materials, and supply costs, sometimes we

12:00:43 have to pay additional for that, depending on what's

12:00:46 happening in the market, before any price increases are

12:00:49 accepted by the city, we verify that those conditions

12:00:52 have changed in the market.

12:00:56 We use the CPI index to make our projections which

12:00:59 means any price increases made be requested by the




12:01:02 vendor is actually monitored by the index.

12:01:05 That's a standard clause that we include in all of our

12:01:08 contracts.

12:01:09 So it's not something that happens automatically.

12:01:13 >>THOMAS SCOTT: Well, there's a lot of questions by

12:01:15 councilman Caetano. My question to you is, a two-week

12:01:18 continuance, would that put this contract in jeopardy?

12:01:25 Two-weeks continuance, which will be the 26th

12:01:28 actually, right?

12:01:30 The 26th of August.

12:01:31 The 26th of August.

12:01:32 >> Or August the 5th.

12:01:37 >>THOMAS SCOTT: But that's next week.

12:01:38 >>JOSEPH P. CAETANO: They have been working on this

12:01:40 for three years.

12:01:41 We got two days to make a decision.

12:01:43 It's not fair.

12:01:44 >>THOMAS SCOTT: I understand.

12:01:45 I understand.

12:01:46 So we are going to ask the 26th.

12:01:50 >>> The 26th.

12:01:54 And in that time --




12:01:56 >>THOMAS SCOTT: I suggest you meet with those council

12:01:57 persons who have additional questions.

12:02:01 So the motion would be, withdraw your motion.

12:02:05 >> I withdraw.

12:02:07 >>JOSEPH P. CAETANO: I make a motion we continue to

12:02:11 August 26th.

12:02:14 >>CHARLIE MIRANDA: Second.

12:02:15 >>THOMAS SCOTT: All in favor?

12:02:15 Opposes?

12:02:16 Thank you very much.

12:02:17 We move to item 60.

12:02:19 >>GWEN MILLER: It's 12:00, Mr. Chairman.

12:02:21 >>THOMAS SCOTT: Should we go ten minutes?

12:02:23 Go ten minutes?

12:02:27 >>CHARLIE MIRANDA: For you, I can.

12:02:28 >>MARY MULHERN: I think we need to continue 65 also.

12:02:33 We were only on 64.

12:02:35 >>THOMAS SCOTT: 64 and 65 go together.

12:02:39 >>MARY MULHERN: You said both?

12:02:41 Sorry.

12:02:42 >>THOMAS SCOTT: 64 and 65 go together.

12:02:44 Item 60.




12:02:48 It on the Kress.

12:02:48 >>CHARLES FLETCHER: City attorney.

12:02:53 I believe I have met with each of the council members

12:02:55 now on this item.

12:02:57 It was continued from consent from last council

12:03:00 meeting.

12:03:01 Basically, the posture of this is that there was a

12:03:06 planned development completed by council, approved by

12:03:09 council, in 2005 for redevelopment of two parcels, in

12:03:16 north of downtown, around the historic Kress building

12:03:20 that you all are familiar with.

12:03:23 Subsequent to that, there is an attempt by Historic

12:03:28 Preservation Commission to designate the two buildings

12:03:33 adjacent to the Kress building as historic structures.

12:03:39 The property owner objected to those designations.

12:03:43 There was subsequently in 2006 an agreement reached

12:03:52 through a dispute resolution process under chapter 70

12:03:55 Florida statutes that created a commitment to preserve

12:04:01 part of the facades of those two adjacent buildings,

12:04:05 but not designate those buildings as historic

12:04:08 structures.

12:04:11 The request came to the administration in, I believe,




12:04:16 May to terminate that agreement and allow the

12:04:20 development to go forward as previously approved by

12:04:23 council in 2005.

12:04:27 What that would allow is for redevelopment of those two

12:04:31 blocks.

12:04:31 It would continue preservation of the Kress building,

12:04:35 which was designated with the consent of the property

12:04:37 owner, previous to these redevelopment plans, and the

12:04:43 document that's before you would again, as I said,

12:04:47 terminate the settlement agreement and allow the

12:04:49 planned development to go forward up to two blocks

12:04:54 without the preservation.

12:04:56 Facades of the two adjacent buildings.

12:04:58 >>GWEN MILLER: I got an e-mail saying that Woolworth

12:05:05 will be demolished?

12:05:07 >>CHARLES FLETCHER: That's what was approved in the

12:05:09 original planned development.

12:05:10 >>GWEN MILLER: And that goes along with the Kress

12:05:15 building too?

12:05:17 >>> The Kress building would continue to be preserved.

12:05:21 >> And Newberry.

12:05:26 Explain to me.




12:05:31 >>CHARLES FLETCHER: I have the planned development

12:05:34 approved by council.

12:05:35 I can put it on the Elmo and that may help.

12:05:38 At the bottom you have fourth street on the site.

12:06:23 Franklin Street.

12:06:24 The hatch marked area is the Kress building.

12:06:26 That was designated as historic prior to any of these

12:06:33 discussions.

12:06:34 And what we are talking of today would not disturb the

12:06:37 historic nature of that building, the historic

12:06:39 designation or the obligation to complete any

12:06:42 renovations on that building pursuant to review

12:06:47 commission approval.

12:06:48 That all remains.

12:06:50 What council approved in 2005 was the reconstruction of

12:06:55 the rest of this block and the adjacent block.

12:06:59 And part of that was, at least the way I read the

12:07:02 planned development works allow demolition of the

12:07:04 Woolworths and the Newberry building.

12:07:07 What happened subsequent to this approval was the

12:07:10 attempt to designate those two buildings, and require

12:07:13 the preservation.




12:07:15 Facades.

12:07:16 So even under that settlement agreement, the buildings

12:07:18 could be demolished except for the facades.

12:07:22 So what would be changed by approval of the agreement

12:07:26 before you would allow demolition of those two

12:07:31 buildings including the facades

12:07:34 Does that answer your question?

12:07:36 >>GWEN MILLER: Yes, it does, but I still think that

12:07:39 Woolworth ohs is a historical building.

12:07:42 I don't know why it wasn't designated historical when

12:07:45 Kress was designated historical and I can't see

12:07:48 demolishing a historical building, because history was

12:07:51 made in that building, and I can't see demolishing it.

12:07:55 I thought it would still be standing and Kress would

12:07:59 continue with what they want to do.

12:08:01 There's in a way we can go back and make it a historic

12:08:04 building?

12:08:05 >>CHARLES FLETCHER: There was an attempt by the

12:08:06 historic preservation commission to make those two

12:08:13 buildings what's called a local historic landmark.

12:08:16 The property owner objected to that.

12:08:20 And it was through mediation that we reached the




12:08:23 agreement that was previously approved in 2006.

12:08:29 So that agreement would require the preservation.

12:08:31 Facades.

12:08:32 That agreement approved at that time.

12:08:36 If council wants to continue to make that requirement,

12:08:39 then the appropriate action would be to vote against

12:08:42 the termination that's before you.

12:08:45 If council would agree with the administration on the

12:08:50 removal of that requirement to protect the facade then

12:08:54 would you vote to approve of the termination agreement.

12:08:56 >>GWEN MILLER: You can't do either-or?

12:09:03 >> Yes, it's either-or.

12:09:07 >>MARY MULHERN: Mr. Fletcher, I'm still not clear on

12:09:13 this so you are going to have to -- in two thousand --

12:09:18 okay.

12:09:21 Were the Newberry and the Woolworth buildings -- didn't

12:09:25 this City Council -- it wasn't just going to test at

12:09:33 designating them historical.

12:09:36 I thought the City Council voted to have them

12:09:38 designated as historic.

12:09:39 >>CHARLES FLETCHER: There was an attempt by the city

12:09:42 through a settlement the agreement was not to designate




12:09:44 them as local historic landmark, but to get a

12:09:49 commitment to preserve the facades.

12:09:51 >>MARY MULHERN: What is an attempt to make it

12:09:56 historic?

12:09:58 >>CHARLES FLETCHER: The HPC voted to do that.

12:10:01 I don't know if it was in between council action or not

12:10:03 but there was no effect of council action.

12:10:06 >>MARY MULHERN: You don't know if there was council

12:10:08 action?

12:10:09 >>CHARLES FLETCHER: The only council action that I

12:10:11 have in the file is the approval of the settlement

12:10:13 agreement.

12:10:13 >>MARY MULHERN: Which required them to maintain the

12:10:19 facades.

12:10:20 >>CHARLES FLETCHER: Correct.

12:10:24 >>MARY MULHERN: So now, what you are asking us -- how

12:10:27 is it -- was there another suit filed by this

12:10:30 petitioner?

12:10:31 Because --

12:10:33 >>CHARLES FLETCHER: No.

12:10:34 >>MARY MULHERN: Okay.

12:10:35 Did they come to go through the permitting or




12:10:38 historic -- go through the city process to --

12:10:47 >>CHARLES FLETCHER: The settlement agreement was not

12:10:49 to designate these buildings as historical, local

12:10:53 historic structures.

12:10:53 >> But did it include them preserving those facades?

12:11:01 >>CHARLES FLETCHER: Yes.

12:11:01 >>MARY MULHERN: I think that needs to be clear to

12:11:03 council, that the last thing that council approved in

12:11:07 2006, four years ago, was that they had to keep the

12:11:13 facades.

12:11:16 So I don't understand how -- okay.

12:11:19 If there's an appeal of that -- I mean, it seems like

12:11:23 if council voted for that, there has to be another

12:11:27 process, other than going directly to the

12:11:30 administration, to have the resettlement.

12:11:35 I think what Ms. Salaga said today --

12:11:44 >> Her statement was mistaken.

12:11:45 >> So she was wrong; they weren't designated?

12:11:49 >> That's correct.

12:11:51 >> However, this council didn't agree -- you're asking

12:11:54 us to overturn a settlement that the former council

12:12:00 agreed to which would approximate protect those?




12:12:04 >>CHARLES FLETCHER: That's correct.

12:12:05 >>MARY MULHERN: I've never seen anything like this

12:12:07 before.

12:12:09 >>> What is somewhat unique about this situation is

12:12:14 normally when you have an agreement of this type, folks

12:12:18 go forward and they start construction.

12:12:20 And things happen that makes the contract more or less

12:12:25 amenable.

12:12:26 In this case it's called an executory contract which

12:12:29 means no one acted in reliance on it, either third

12:12:32 parties or the property owner.

12:12:34 So we have the ability to terminate it without any need

12:12:37 to unwind it or take any other action.

12:12:39 So that's the posture, and that's why in this instance

12:12:42 council could, if council chooses, terminate the

12:12:45 agreement.

12:12:45 >>MARY MULHERN: And I believe that is why that to me

12:12:49 is allowing demolition by neglect, which Ms. Salaga

12:12:54 said and this council worked really hard to try to stop

12:12:57 this from happening, where people purchase buildings

12:13:01 that have historic character.

12:13:04 Erv even if they are not designated.




12:13:07 And just don't do anything with them.

12:13:11 Apparently, these buildings, it it's been 20 years.

12:13:17 I'm not comfortable with this at all.

12:13:19 And I question, now, this is not -- I don't feel like

12:13:25 this is going through the proper process.

12:13:27 This is subvert wag the City Council usually does on a

12:13:30 zoning.

12:13:30 I mean, this is a big request, to change what is

12:13:35 settled, settled law about this particularly.

12:13:41 >> My understanding is there was a request made to the

12:13:43 administration because of the change in the market.

12:13:46 They were not able to meet the financial obligation in

12:13:48 this settlement agreement, and so the request is to go

12:13:51 back to what council had previously approved, which was

12:13:54 the 2005 plan development.

12:13:58 If the settlement agreement is terminated then they can

12:14:01 move forward with the plan development as approved by

12:14:03 council in 2005, because of the market, my

12:14:09 understanding is, and the administration accepted, that

12:14:14 additional financial obligation was part of the reason

12:14:17 they haven't been able to move forward with the

12:14:19 redevelopment.




12:14:19 >> Yes, I understand.

12:14:21 You are just saying you want to go back.

12:14:25 So at some point, this council voted to allow them to

12:14:29 tear those buildings down?

12:14:32 >>CHARLES FLETCHER: That's what the original plan

12:14:34 development would approve.

12:14:35 >>THOMAS SCOTT: Councilwoman Capin.

12:14:43 >>YVONNE CAPIN: Thank you.

12:14:44 I requested yesterday the original agreement about

12:14:50 11:30 a.m. and I received it at 4 p.m.

12:14:53 But I will tell you this.

12:14:58 Way want to ask you is the Woolworth building is south

12:15:03 of Kress?

12:15:05 Is that the Woolworth building, the part that's south

12:15:09 of Kress, the building?

12:15:13 >> I believe that's correct.

12:15:14 >> South or north?

12:15:15 Woolworth is south of Kress?

12:15:20 >>GWEN MILLER: It's south.

12:15:23 >>YVONNE CAPIN: In 2005 and it still stands.

12:15:26 The developer can build a 20 -- how many stores?

12:15:31 27-story.




12:15:35 >>CHARLES FLETCHER: I don't know the height.

12:15:38 But it significantly higher than what's there now.

12:15:41 >>YVONNE CAPIN: Maybe way want to say here is that what

12:15:47 is historic is what happens inside of Woolworth's, not

12:15:52 necessarily building.

12:15:55 Now, way want to say is -- and this just came to have

12:16:00 me last night after I thought about it and looked at

12:16:02 this -- is would the owners be amiable, if we could get

12:16:08 the photographs and get the historic, to rebuild that

12:16:17 lunch counter, with photographs, as a historic -- not

12:16:32 museum, but a historic marker to what took place

12:16:35 inside?

12:16:36 Because way understand is the inside of this building

12:16:39 is gutted.

12:16:42 Counter is not there.

12:16:43 Nothing is there.

12:16:45 So it came to me last night.

12:16:46 I thought about it.

12:16:47 And I thought, well, if we could get inside that

12:16:50 building, again, the 1960 civil rights sit-in at the

12:17:00 Woolworth's counter, from photos, reproduce it and have

12:17:05 again a memorial, or -- marker, marker.




12:17:11 Excuse me.

12:17:12 To this event in the lobby of this building.

12:17:17 I don't know if that would be something that -- because

12:17:22 preserving it does not tell you, it does not show what

12:17:26 happened there.

12:17:27 And I think that we really need to -- when people walk

12:17:31 in there know that this is a very pivotal event that

12:17:37 took place in our civil rights history.

12:17:40 Thank you.

12:17:41 >>THOMAS SCOTT: Councilman Stokes.

12:17:45 >>CURTIS STOKES: Chairman Scott, as a capitalist, I

12:17:47 heard the idea of government intervention in the

12:17:50 business of private individuals, but as the past

12:17:52 president of NAACP, I have an obligation to protect

12:17:57 historical structures like this.

12:18:02 1960, the youth council chair of the NAACP led a sit-in

12:18:07 at we'll worths.

12:18:08 But in the spirit of a win-win, working out a solution,

12:18:12 if the petitioner, along the lines of Ms. Capin, if we

12:18:18 repeal this, are they amenable to the idea of donating

12:18:21 the bricks to the Tampa history museum, the facade

12:18:25 bricks for display for later time in the future?




12:18:29 >>CHARLES FLETCHER: I believe the property owner is

12:18:35 here.

12:18:36 I think that would be something appropriate for them to

12:18:38 address.

12:18:39 I'm aware of discussions like that, but I don't know

12:18:41 exactly what had been -- any agreement previously.

12:18:45 >>THOMAS SCOTT: Questions?

12:18:52 Because I requested ten minutes.

12:18:53 We are over that time.

12:18:54 >>MARY MULHERN: I need to say this, because there's no

12:18:58 one tolls do it anymore since Linda is not here

12:19:01 anymore.

12:19:03 And because we have two new council members.

12:19:06 When I first came on council, one of the first things

12:19:09 we got was a presentation of all the crumbling

12:19:11 buildings in downtown, with questions about what we

12:19:14 were doing about it.

12:19:15 And nothing happened.

12:19:17 And that's why we passed this demolition by neglect

12:19:21 ordinance.

12:19:23 With this building in particular, the reason for

12:19:26 historic preservation is because that is our history.




12:19:30 If you knock it down, the physical evidence of what has

12:19:36 happened here to this community, to cities, that's

12:19:41 what's left.

12:19:43 And we have gone so far as to agree that they can

12:19:48 demolish the building.

12:19:50 And let me point out to you what demolition by neglect

12:19:54 is.

12:19:55 It means that buildings are in violation of code, and

12:20:02 so they deteriorate.

12:20:04 So the reason that this building is gutted is

12:20:06 because -- and I'm not saying it's this current owner,

12:20:09 but owners of this property have done nothing to even

12:20:13 secure it.

12:20:14 We have pictures of these buildings where the windows

12:20:16 were broken.

12:20:17 They are still broken.

12:20:18 The roof collapsed like that Gary school.

12:20:22 It collapsed because of neglect.

12:20:26 This in particular -- and I also need to point out what

12:20:29 an architect told me yesterday.

12:20:31 This is a very common process to preserve facades and

12:20:36 to build whatever you need to do right behind had it.




12:20:39 It happens all the time.

12:20:40 It's not a complicated architectural problem.

12:20:43 >>THOMAS SCOTT: Well, what I will say to council at

12:20:46 this point, first of all, under the charter, we do not

12:20:50 have the right to renegotiate the contract.

12:20:53 That's totally up to legal or the administration.

12:20:56 And so if you only vote up or down, I suggest you

12:21:00 continue the item and have a discussion with the

12:21:03 petitioner, allow legal to have that discussion, as to

12:21:06 what you desire.

12:21:07 Okay?

12:21:10 So unless you just want to vote it down, then which

12:21:13 means as I understand it go back to the original

12:21:15 motion, they will have a right to demolish it anyway

12:21:18 understood the 2005 agreement, I guess.

12:21:20 >>CHARLES FLETCHER: If the termination agreement is

12:21:25 approved then they can demolish the two sections

12:21:27 including the facades.

12:21:29 If the settlement agreement is not terminated, they can

12:21:32 demolish the buildings except for the facades.

12:21:35 >>MARTIN SHELBY: Just so you are clear, if you vote

12:21:40 this up they have the right to demolish.




12:21:41 They go back to 2005.

12:21:42 If you vote it down, then it will be the per the

12:21:47 agreement the facades will have to be maintained.

12:21:50 The chairman's suggestion is to continue this to allow

12:21:52 the administration and the legal department based on

12:21:55 council's input today to seek a negotiated settlement

12:22:00 to bring back to council.

12:22:01 That would seek your approval.

12:22:06 >>CHARLIE MIRANDA: I'll make that motion.

12:22:07 The chairman can't make that motion.

12:22:08 Mr. Chairman, if I may.

12:22:12 I'm trying to about go back to '05 and 06 and my mind

12:22:17 is trying to catch up with me in 2010.

12:22:20 But I remember this was front page news.

12:22:22 And one time, all three fasades, and then somehow it

12:22:26 was one facade that was for certain going to be left up

12:22:29 that was the Kress building but I don't remember all

12:22:31 the details.

12:22:32 But I do remember it was in the front page of the

12:22:35 newspapers.

12:22:37 That's way remember.

12:22:37 I don't remember all the details.




12:22:38 >>CHARLES FLETCHER: And I haven't looked at what the

12:22:44 press coverage was.

12:22:45 But just so we are clear no action here today would

12:22:47 affect the designation of preservation.

12:22:49 Kress building.

12:22:50 These are only the two buildings that are adjacent.

12:22:54 >>CHARLIE MIRANDA: But I agree with the chairman a

12:22:55 two-weak continuance so I that everybody can get

12:22:58 realistic of what's happening.

12:22:59 And then maybe I shouldn't say these things, but when

12:23:02 they come to my mind they do.

12:23:04 So we say that Jefferson high school could never ever

12:23:07 be torn down?

12:23:09 On cypress?

12:23:10 The first school that was integrated in Hillsborough

12:23:13 County was in 1967.

12:23:15 I don't know.

12:23:20 >>THOMAS SCOTT: There's a motion for continuance to the

12:23:21 26th.

12:23:23 The 26th.

12:23:23 >> 26th of August, yes, sir.

12:23:27 >>THOMAS SCOTT: Continue to the 26th.




12:23:33 We can't get it done for next week's meeting, I guess.

12:23:35 Seconded by councilman Stokes.

12:23:37 All in favor signify by saying Aye.

12:23:39 Opposes.

12:23:40 Okay.

12:23:40 >>THE CLERK: Motion carried with Mulhern voting no.

12:23:43 >> Item 57 is just the reading.

12:23:50 Julia, do you want to come forward?

12:23:52 I'm sorry, Ms. Cole.

12:23:53 >>JULIA COLE: City of Tampa legal department.

12:23:55 What you have before you on motion of council is an

12:23:58 ordinance which would allow legal nonconforming signs

12:24:02 to replace part of the sign with an electronic message

12:24:05 board in line with our code for conforming signs.

12:24:07 I can answer any questions or give any more details if

12:24:10 you wish, or if you want to read data we can discuss it

12:24:13 further on second reading.

12:24:14 >>MARTIN SHELBY: Council, I would prefer if you are

12:24:16 going to move this to a first reading that you put it

12:24:19 off to next week's agenda. It's not set for first

12:24:21 reading consideration today.

12:24:22 It's to provide with you the language.




12:24:23 It would be more appropriate to have it on the consent

12:24:26 docket.

12:24:28 >>THOMAS SCOTT: For next week, the 5th?

12:24:31 >>MARTIN SHELBY: Is this item number 57?

12:24:33 Yes, to appear to provide code provisions.

12:24:35 I prefer it be set for first reading.

12:24:37 >>GWEN MILLER: Move it be set for first reading.

12:24:39 >>THOMAS SCOTT: Moved and seconded for August 5th

12:24:44 first reading.

12:24:45 In favor?

12:24:46 Opposes?

12:24:50 >>CHARLIE MIRANDA: Your ten minutes became 25.

12:24:52 >>THOMAS SCOTT: And there is a request by John and

12:24:54 Linda about traffic.

12:25:03 >>JEAN DORZBACK: Transportation manager.

12:25:04 We have received this and communicated with Santiago

12:25:08 Corrada.

12:25:09 An and one of his employees had the opportunity to

12:25:11 observe driver and pedestrian behavior in the areas of

12:25:14 the convention center.

12:25:18 Field observations, we have come up with a plan for

12:25:21 some additional and modified signage, as well as




12:25:25 striping on the road to improve pedestrian safety as

12:25:30 well as vehicle maneuvering so that improves the

12:25:34 pedestrians that are crossing in that area.

12:25:36 If there are any questions, I would be glad to provide

12:25:38 more detail.

12:25:39 >>CHARLIE MIRANDA: I appreciate that.

12:25:40 When you have a convention center, two major hotels, at

12:25:44 the St. Pete Times forum, what do you expect?

12:25:52 Is there a second?

12:25:55 >>CHARLIE MIRANDA: Second.

12:25:55 >>THOMAS SCOTT: Moved and seconded.

12:25:57 All in favor.

12:25:57 Opposes?

12:25:58 Thank you very much.

12:25:58 >>JULIA COLE: Legal department.

12:26:01 If you would like to discuss quickly item number 59, or

12:26:04 we can save it for after lunch.

12:26:07 I submitted a memo regarding some suggested changes of

12:26:10 code on public notice issues.

12:26:12 What we could go ahead and do is set this for workshop

12:26:15 and I can actually present council with some draft

12:26:18 language.




12:26:18 >> So move for a workshop.

12:26:21 >>THOMAS SCOTT: What is our next workshop?

12:26:24 >>MARTIN SHELBY: Appears to be September 30th.

12:26:25 >>THOMAS SCOTT: Next workshop is September 30th.

12:26:27 >>MARTIN SHELBY: 11:30.

12:26:30 >>THOMAS SCOTT: It's been moved and seconded.

12:26:32 All in favor signify by staying Aye.

12:26:35 We stand in recess until 1:45.

12:26:37 1:45.

12:26:39



DISCLAIMER:

This file 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 reconvened and the meeting called

to order by Chairman Tom Scott.)



13:45:07 >> We have roll call.

13:53:02 >>JOSEPH P. CAETANO: Here.

13:53:05 >>GWEN MILLER: Here.

13:53:10 >>Curtis Stokes: Here.

13:53:11 >>THOMAS SCOTT: Here.

13:53:14 >> Miranda is here.

13:53:18 >> Okay.

13:53:19 We'll move to, I think we completed our morning agenda.

13:53:21 We'll move to our afternoon 1:30 items.

13:53:24 We do 55 this morning?

13:53:36 >> I don't think so.

13:53:37 >> I think we missed that one.

13:53:39 Yes, we missed that.

13:53:44 Item 55.

13:53:46 Let's pick up item 55.

13:53:49 >> Council, item 55 was a request of City Council for

13:53:53 this to come back to you, basically what it does is set

13:53:57 the sunset provision on the fire chief's ability to




13:54:01 impose the fee increases.

13:54:03 And it imposes a requirement that the fire chief notify

13:54:06 the City Council when he does so act.

13:54:09 >> Move the resolution.

13:54:10 >> Second.

13:54:11 >>THOMAS SCOTT: Any question of Council?

13:54:13 >> When does this end?

13:54:15 >> 2014.

13:54:16 It's three year extension.

13:54:18 >> Is this all for insurance work or everybody?

13:54:22 >> I can pull up the resolution.

13:54:24 I believe it's for fees that the fire department has

13:54:30 discretion over -- excuse me, that the fire chief is

13:54:32 given discretion over.

13:54:34 It believe it goes beyond the insurance.

13:54:36 I can take a look.

13:54:37 I believe it's for the, hmm, I believe it goes to the

13:54:55 beginning of each fiscal year, that it goes to all the

13:55:00 fees, I believe, that the fire chief has the authority

13:55:02 to grant increase of the fees in amount up to three

13:55:06 percent per year, without City Council's approval.

13:55:08 And that was done in 2009.




13:55:12 What this does, if you like, Mr. Miranda, I'll just

13:55:16 give you a copy of it.

13:55:18 >>CHARLIE MIRANDA: That's fine.

13:55:19 You've answered the question.

13:55:20 Whoever the chief is every year, I'm going to vote

13:55:23 against it.

13:55:23 I think the Council should be involved.

13:55:26 >> Move and second.

13:55:27 All in favor signify by saying aye.

13:55:30 Opposes?

13:55:32 >> Motion carried with Miranda and Mulhern voting no.

13:55:35 >> And this sunsets item in 2014.

13:55:41 >> So the official -- I'm sorry, the provision shall

13:55:45 terminate on May 20th, 2015.

13:55:48 >>THOMAS SCOTT: Okay.

13:55:49 To our 1:30 items.

13:55:56 >> This will be from 67 to 80.

13:56:01 >> All in favor by signifying by saying aye.

13:56:04 Anyone going to be testifying, please stand and be

13:56:06 sworn at this time.

13:56:07 If you're going to be speaking to Council, please stand

13:56:09 and be sworn at this time.




13:56:11 [oath administered [.

13:56:27 >>THOMAS SCOTT: Item 67.

13:56:33 >> Good afternoon, Mr. Chairman, Councilmembers,

13:56:35 LaChone Dock, Land Development Coordination.

13:56:39 Next item is petition V10-219, for property located

13:56:45 6818 north Armenia avenue.

13:56:47 Property is currently zoned CG, commercial general.

13:56:51 For alcohol sales to APS, which allows for sale of

13:56:55 beverage also in package form only for consumption off

13:56:58 premises.

13:56:58 This is an existing Walgreen's.

13:57:01 The structure contains 13,848 square feet.

13:57:04 The area under this request is 13,848 square feet.

13:57:08 A total of 55 parking spaces are required and 75 spaces

13:57:12 are being provided.

13:57:13 I have an aerial of the site.

13:57:18 This is the site located in yellow.

13:57:23 Boarded with Sligh avenue to the north.

13:57:26 St. Peter avenue is to the west.

13:57:30 Armenia is east of the site.

13:57:31 And the area in blue is the area for proposed alcohol

13:57:35 sales.




13:57:35 Picture of the site.

13:57:44 That's the north view.

13:57:45 The site on Sligh.

13:57:49 Another view of the north side.

13:57:52 The south side.

13:57:56 That's the east side of the site on Armenia.

13:58:03 And the west side on St. Peter avenue.

13:58:06 The Development Review Committee has reviewed the

13:58:10 application and finds it consistent with applicable

13:58:12 City of Tampa land development regulations.

13:58:14 That includes the presentation.

13:58:17 I'm available if you have any questions.

13:58:24 >> Good afternoon, Council, officer Don Miller, City of

13:58:27 Tampa Police Department.

13:58:28 City of Tampa Police Department has no objection to the

13:58:31 special use two.

13:58:34 >> Petitioner?

13:58:35 >> Good afternoon, Mr. Chair, Councilmembers.

13:58:37 Grace Yang, 201 North Franklin Street, Tampa.

13:58:44 I have been sworn.

13:58:45 As --

13:58:47 >>THOMAS SCOTT: Anyone here in opposition to this




13:58:50 petition?

13:58:50 Anyone from the public?

13:58:52 >> Move to close.

13:58:52 >> All in favor, signify by saying aye.

13:58:55 Closes.

13:58:55 Miss Miller?

13:59:02 >>GWEN MILLER: Thank you, Mr. Chairman, approve a

13:59:04 special use permit for alcohol and beverage sales,

13:59:08 making lawful the sale of beverage containing alcohol

13:59:10 more than one percent by weight and not more than one

13:59:13 14% by weight and wines regardless of alcoholic

13:59:15 content, beer and wine.

13:59:17 Two APS, in sealed containers for consumption off

13:59:21 premises only, certain lot, plot or tract of land

13:59:25 located at 6818 North Armenia Avenue, Tampa, Florida as

13:59:29 more tick described in section two here.

13:59:33 Providing for repeal of all ordinances in conflict,

13:59:36 providing an effective date.

13:59:37 >>THOMAS SCOTT: All in favor signify by saying aye.

13:59:39 Opposes?

13:59:40 >> Motion carried with Capin being absent at vote.

13:59:44 Second reading of the ordinance will be held August the




13:59:47 26th at 9:30 a.m.

13:59:49 >>THOMAS SCOTT: Item 68.

14:00:02 >> I have been sworn.

14:00:06 The next item is application V10-224 for the property

14:00:09 located at 2115 East Hillsborough Avenue.

14:00:12 Property is currently zoned CR, commercial intensive.

14:00:16 Proposed special uses for alcoholic beverage sales

14:00:20 2(APS) which allows for package form only for

14:00:23 consumption off premises.

14:00:25 This is an existing Walgreen's, which contains 14,797

14:00:29 square feet.

14:00:29 The area under this request is 14,797 square feet.

14:00:33 A total of 59 spaces are required.

14:00:36 78 spaces are being provided.

14:00:38 And I have an aerial of the site.

14:00:42 And this is the site in yellow.

14:00:48 Boarded with Hillsborough avenue to the north.

14:00:50 22nd street to the east.

14:00:51 Giddons avenue is south of the site.

14:00:55 Area in blue is the area for proposed alcohol sales.

14:00:59 And that's a view of the site on the corner of

14:01:07 Hillsborough and 22nd.




14:01:08 That's the north side of the site.

14:01:14 The east side on 22nd.

14:01:18 That's north of the site.

14:01:21 Northeast of the site.

14:01:25 To the east.

14:01:29 To the south.

14:01:33 And that's the view looking west on GIDDONS.

14:01:40 >>THOMAS SCOTT: Any question by Council?

14:01:42 Officer Miller.

14:01:44 >> Two revisions.

14:01:45 On the site plan staff is requesting.

14:01:47 If I could leave 70 to the record.

14:01:50 >>THOMAS SCOTT: Yes you may.

14:01:51 >> The first provision to visually depict the recycling

14:01:55 compactor with screened enclosure from the property's

14:01:58 located to the south.

14:01:59 The height of the screening would need be to a minimum

14:02:02 of six feet high and constructed of solid or opaque

14:02:05 material.

14:02:06 Second provision, that they place a note on the site

14:02:08 plan that a maintenance easement agreement will be

14:02:10 provided for the sidewalk along 22nd street.




14:02:13 Those two revisions were requested.

14:02:15 >>THOMAS SCOTT: Officer Miller?

14:02:18 >> Officer Miller, City of Tampa Police Department.

14:02:21 We have no objections on this.

14:02:22 >>THOMAS SCOTT: Petitioner?

14:02:29 >> We have reviewed the comments from staff and we are

14:02:33 going to be making a revisions on-site plan to show the

14:02:36 screening and we have been working with the city

14:02:38 transportation and real estate division about the

14:02:40 easements.

14:02:41 >>THOMAS SCOTT: You're in agreement with the

14:02:44 recommendations.

14:02:45 Anyone from the public in opposition to this petition?

14:02:48 Anyone here in opposition?

14:02:50 >> Move to close.

14:02:51 >> Second.

14:02:52 >>THOMAS SCOTT: All in favor signify by saying aye.

14:02:54 Opposes?

14:02:55 the ordinance, Councilwoman Capin.

14:03:16 >> An ordinance approving a special use permit as to

14:03:21 for alcohol beverage sales, small venue an making

14:03:25 lawful the sale of beverages containing alcohol of more




14:03:27 than one percent by weight and not more than 14% by

14:03:30 weight.

14:03:30 And wines regardless of alcohol contents, beer and wine

14:03:37 2(APS) in sealed containers for consumption off

14:03:40 premises, only at or from that certain lot, plot or

14:03:44 tract of land located at 2115 east Hillsborough avenue,

14:03:48 Tampa, Florida, as more particularly described in

14:03:51 section 2 here of, providing for repeal of all

14:03:56 ordinances and conflicts.

14:04:00 Providing an effective date.

14:04:02 >>THOMAS SCOTT: Moved and seconded.

14:04:04 All in favor signify by saying aye event opposes?

14:04:08 >> Motion carried unanimously.

14:04:09 Second reading at the ordinance will be held August the

14:04:12 26th at 9:30 a.m.

14:04:17 Is the.

14:04:18 >>THOMAS SCOTT: Item 69.

14:04:18 >> LaChone Dock, Land Development Coordination.

14:04:33 I have been sworn.

14:04:34 Next item is application V10-228 for the property

14:04:38 located at 1617 West Platt Street.

14:04:40 Property is currently zoned CI commercial intensive.




14:04:43 The proposed special uses for alcoholic beverage sales

14:04:46 or seal, which allows for the sale of alcoholic

14:04:50 beverages regardless of alcoholic content for

14:04:52 consumption or the premises only.

14:04:54 Existing use of the two story restaurant, this is

14:04:58 Tijuana flats.

14:04:59 The site was approved for alcoholic beverage sales in

14:05:05 2006.

14:05:07 Total area under this request is 7,256 square feet.

14:05:11 Containing 5,922 square feet indoor area.

14:05:14 And 1,335 square feet outdoor area.

14:05:18 The required parking is 47 spaces.

14:05:20 And 37 spaces are being provided.

14:05:22 And I have an aerial of the site.

14:05:25 And Council, you'll notice on the site plan, there are

14:05:34 three parcels identified.

14:05:35 This is the first parcel, where the restaurant is

14:05:38 located, here in yellow, which is boarded with Platt

14:05:40 Street just society.

14:05:42 Rome is west of the site.

14:05:43 Cleveland street is north of the site.

14:05:45 The area in blue is the area for proposed sales.




14:05:48 This area that's in yellow, which is actually off of

14:05:55 Dakota is for parking and parcel three is the third

14:05:58 area there.

14:05:59 There's a picture of the site, that's on Platt.

14:06:08 That's the west side of the site.

14:06:12 That's the east side.

14:06:16 That's parcel two.

14:06:22 And that's a view of the third parcel, which has the

14:06:27 entrance on Dakota.

14:06:28 The Development Review Committee has reviewed the

14:06:33 petition and finds it consistent with applicable City

14:06:35 of Tampa land development regulations.

14:06:37 That concludes staff's presentation.

14:06:41 I'm available if you have any question.

14:06:43 >> I'm just wondering, we are not getting the maps, the

14:06:45 zoning with the zoning.

14:06:48 >> I did provide them.

14:06:56 >> No, not the site plan.

14:06:59 >> Is it this map?

14:07:03 >> We don't get it for special use.

14:07:05 >> Then I just have one question.

14:07:07 I see, what is the PD that's just, that's on Platt to




14:07:12 the east?

14:07:13 >> It is an office use.

14:07:14 >> Office.

14:07:15 Okay.

14:07:15 And just across Platt, there's, are those businesses?

14:07:25 South of the property across Platt Street, what are

14:07:27 those?

14:07:30 >> There's a white roof and then there's...

14:07:35 Looks like there's a gray roof on the.

14:07:41 >> This area here?

14:07:42 >> Yeah, what's that?

14:07:43 >> Do you know what that is?

14:07:45 >> This is the building that has the 3,000 for rent

14:07:48 sign, second floor.

14:07:51 >> Commercial?

14:07:52 >> I just want to figure out what the uses are, if

14:07:54 there are any residential right around.

14:07:57 >> There's multifamily, but it's further away.

14:07:59 And there's post apartments.

14:08:03 >> Is that post Hyde Park south of there?

14:08:05 >> Use for a second.

14:08:06 I would appreciate if you allow staff to respond to the




14:08:10 question.

14:08:11 I know, but staff should respond.

14:08:15 If they can't, then when your time come up, you can ask

14:08:17 those questions.

14:08:18 Please keep the process in order?

14:08:21 >> Are those the post apartments?

14:08:23 >> Yes.

14:08:30 >>THOMAS SCOTT: Officer Miller?

14:08:34 >> City of Tampa Police Department has no objections.

14:08:36 >>THOMAS SCOTT: Petitioner?

14:08:38 It is your time now.

14:08:39 >> I was just trying to be helpful.

14:08:41 >>THOMAS SCOTT: Yes, sir, I understand.

14:08:43 >>STEVE MICHELINI: This is an existing restaurant.

14:08:45 And the upstairs was previously a restaurant.

14:08:47 And it dried up and changed to another use.

14:08:51 And the Tijuana flats is going to be remodeling their

14:08:56 kitchen down below and reducing the seats down below

14:08:58 and relocating some of them upstairs.

14:09:01 I think you saw the pictures of the parking.

14:09:05 This is mainly for guests of the restaurant.

14:09:09 And then this lot is a little bit further away.




14:09:13 And that's next to bell tower and more commercial

14:09:17 property.

14:09:17 And that's principally for the employees.

14:09:19 We're respectfully requesting your approval on this.

14:09:30 They're mostly commercial properties around.

14:09:32 I think as LaChone pointed out, post Hyde Park is in

14:09:36 here.

14:09:37 And these are commercial properties.

14:09:38 Those are a furniture restorer shop and some other

14:09:42 things that are right in there.

14:09:44 And then it backs up to -- this air conditioning place

14:09:48 over here.

14:09:49 Offices, professional offices here and here.

14:09:52 >>THOMAS SCOTT: Is anyone here in opposition to this

14:09:54 petition?

14:09:54 Okay.

14:09:55 Go ahead.

14:09:58 >>STEVE MICHELINI: Basically, it's a remodeling and

14:10:01 expansion of existing restaurant, and we're

14:10:05 respectfully requesting your approval.

14:10:08 Certainly hold any comments to rebuttal.

14:10:18 >> Good afternoon, Council and welcome to our new




14:10:21 members.

14:10:22 My name is Walter Crumbley.

14:10:24 I'm the president of Oscawana homeowners association.

14:10:30 And I have been sworn.

14:10:32 We have not had any noticeable problems with this place

14:10:36 as it's now structured.

14:10:38 The thing that we are concerned about is increasing the

14:10:44 intensity of alcohol use in this particular community.

14:10:49 You may have seen in the St. Pete times on April 9th of

14:10:55 2010, the Courier City Oscawana group is number two in

14:11:04 the city of DUI arrests.

14:11:11 So we are generally against increasing alcohol use.

14:11:18 Also, ask you to take note that they're asking for a

14:11:22 waiver of ten parking spaces.

14:11:24 And parking is already an issue with us.

14:11:26 We have got the problem with late hours.

14:11:30 Mr. Michelini didn't address the no amplified outdoor

14:11:35 music.

14:11:35 I assume that there would be none.

14:11:37 So those are our main objections.

14:11:41 >>THOMAS SCOTT: So the issue for you is the parking?

14:11:47 >> Parking and increased or more extensive alcohol




14:11:51 consumption within this general area.

14:11:54 >>THOMAS SCOTT: You said number one in the city?

14:11:58 >> Sir?

14:11:59 >>THOMAS SCOTT: You said it's number one in the city?

14:12:01 >> Right, we're number two.

14:12:02 I forget who number one is.

14:12:04 We're number two for DUI arrests in 2009.

14:12:08 >>THOMAS SCOTT: Thank you, sir.

14:12:10 >> Let me state for the record that there's no

14:12:12 amplified music being proposed and will be happy to

14:12:15 footnote that note on the site plan between first and

14:12:19 second reading.

14:12:19 The issue regarding parking, we faced this before.

14:12:22 Where you have an existing establishment that was

14:12:25 reviewed and approved under the previous codes.

14:12:27 And now you're having to review them under a different

14:12:30 standard, where they calculate parking according to the

14:12:33 life safety code.

14:12:34 And I would venture to say that most establishments, if

14:12:37 not all of them, will have to ask for that waiver.

14:12:40 We do have provisions for, evening parking through a

14:12:45 valet service.




14:12:46 And also there are no residences here.

14:12:48 And we worked with the additional adjacent commercial

14:12:52 property owners for utilization of their areas for

14:12:56 parking as well.

14:12:57 So I think since there are no single-family houses

14:12:59 around here, and we are dealing with a commercial

14:13:01 district, we'd certainly be addressing the parking

14:13:06 issue.

14:13:06 We respectfully request your approval.

14:13:09 >>THOMAS SCOTT: So the parking issue is being addressed

14:13:10 through your valet parking service?

14:13:13 >> Yes, sir.

14:13:13 The ten spaces -- used to when you reviewed a

14:13:18 restaurant, there was a calculation of point three per

14:13:21 seat, and you got to your parking number that way.

14:13:23 Now, you don't get to it that way.

14:13:25 You get to it by multiplying the square footage of the

14:13:28 use and then you multiply that times point 25 and you

14:13:32 come up with a number and that tells you what the

14:13:36 parking spaces are.

14:13:37 That causes almost all of the existing establishments,

14:13:41 it doesn't matter whether it's a restaurant or not.




14:13:43 It causes them to fall into a category of seeking

14:13:46 waivers.

14:13:46 Since it was previously a restaurant, and after that it

14:13:51 was a dance studio, all of which would have had the

14:13:54 same parking requirements as before.

14:13:56 We're not impacting the neighborhood in any respect.

14:13:59 In terms of where this is, this is on Platt Street,

14:14:02 near the Crosstown expressway.

14:14:04 >>THOMAS SCOTT: I know where it is.

14:14:08 >>CHARLIE MIRANDA: Two things.

14:14:09 I just want staff, when you do the square footage

14:14:13 calculations, is that the total square footage?

14:14:15 Or the square footage for the dining area?

14:14:18 How do you calculate it?

14:14:22 And then the second one, I just voted against one day.

14:14:26 Make sure you stay within the 5949 if you receive this.

14:14:29 Yes, ma'am?

14:14:31 One second.

14:14:32 Let me ask first that question.

14:14:33 I'm not about to change a 5149, let the city be

14:14:39 rampant.

14:14:40 >> The square footage is based on live occupancy code.




14:14:43 >> On the what?

14:14:44 >> The life occupancy code.

14:14:45 The building code, is how the square footage is

14:14:48 determined.

14:14:49 >>CHARLIE MIRANDA: It's not square footage of the

14:14:51 building itself?

14:14:54 >> That's right.

14:14:54 The number of seats.

14:15:00 >> Mr. Miranda, it's calculated by use area.

14:15:03 The kitchen avenue has a different multiplier than the

14:15:06 dining area.

14:15:07 And they all are calculated in that manner.

14:15:11 We're not asking for a lounge or bar here.

14:15:15 This is a restaurant.

14:15:16 And per the state code as well as city ordinances, we

14:15:19 are required to sell food with a drink.

14:15:21 You can't sell drinks separately from food.

14:15:26 >>CHARLIE MIRANDA: I don't believe that is correct.

14:15:28 >> Well, the kitchen has to remain open.

14:15:31 >>CHARLIE MIRANDA: That part is correct.

14:15:32 But you can sell a drink without selling food, as long

14:15:34 as it's 5149.




14:15:36 >> Well.

14:15:37 It depends on whether or not you're dealing with a

14:15:39 state inspector or not.

14:15:41 If they come in and you're serving drinks alone, then

14:15:43 you're subject to a state citation.

14:15:47 >>CHARLIE MIRANDA: I respectfully disagree with the

14:15:49 state inspector.

14:15:50 [ Laughter ]

14:15:53 >> We respectfully request your approval.

14:15:55 I think we have addressed the issues.

14:15:57 Certainly we'll put on the site plan that there's no

14:15:59 amplified music.

14:16:02 >>THOMAS SCOTT: Are you asking for longer hours?

14:16:04 >> We're asking for the weekend hours to be 2:00 a.m.

14:16:08 And then the weekdays, till midnight.

14:16:11 >>THOMAS SCOTT: What are they now?

14:16:13 >> They're not open.

14:16:14 >> I don't think there are any.

14:16:19 >> Mr. Caetano?

14:16:22 >> I understand that on the current approval for the

14:16:27 COP, the hours are limited to 11:00 p.m. during the

14:16:30 week and 12:00 a.m. Friday through Saturday.




14:16:34 >>THOMAS SCOTT: So you're asking for 2:00 now?

14:16:37 >> On Fridays and Saturdays.

14:16:40 >>THOMAS SCOTT: Any other questions? Mir.

14:16:47 >> I usually vote the majority of my time for alcohol.

14:16:50 But we are getting more and more into 2:00 in the

14:16:52 morning, 3:00 in the morning nor restaurants.

14:16:55 There was a vote taken a year or two ago and I warned

14:16:58 then, I said we are going to create 2500 new bars.

14:17:01 Now we got 2500 and one new bars, which is the

14:17:05 extension of time.

14:17:06 And you're right, 2:00 in the morning, very few people

14:17:09 eat.

14:17:09 And what does it mean to keep the kitchen open?

14:17:12 Mean you got a light on and a grill on.

14:17:15 That's it.

14:17:16 >> Council, I'll have to make those notes on the site

14:17:20 plan to clarify weekdays are until midnight.

14:17:23 If that's Council's wishes to approve that.

14:17:26 And weekend's 2:00 a.m.

14:17:29 >>THOMAS SCOTT: So the weekdays is midnight.

14:17:31 And Friday and Saturday night is to 2:00?

14:17:34 >> Yes, sir.




14:17:39 >>THOMAS SCOTT: Council, what's your pleasure?

14:17:42 Anyone else from the public wish to address Council?

14:17:45 Okay.

14:17:46 Motion to close.

14:17:47 >> Move to close.

14:17:48 >> Moved and second.

14:17:50 All in favor signify by saying aye.

14:17:53 What's the pleasure of Council?

14:17:55 Councilman Caetano?

14:17:57 >>JOSEPH P. CAETANO: I move --

14:18:00 >> Got to read the ordinance.

14:18:05 >>JOSEPH P. CAETANO: An ordinance repealing ordinance

14:18:07 No. 2006-77 approving alcohol special use permit S-2

14:18:14 for alcoholic beverages sales, small venue and making

14:18:17 lawful a sale of beverages containing alcohol

14:18:19 regardless of alcohol content, beer, wine and liquor

14:18:21 4(COP-R) for consumption on the premises only in

14:18:27 connection with the restaurant business establishment

14:18:30 at or from that certain lot, plot or tract of land

14:18:33 located at 1617 West Platt Street, Tampa, Florida, as

14:18:38 more particularly described in section 3 hereof.

14:18:42 Providing for repeal of all ordinances in conflict,




14:18:46 providing an effective date.

14:18:47 >> Question, does that include, make a motion, does

14:18:51 that include replacing the issue of the no amplified

14:18:54 music and does it include the hours of operation?

14:18:59 >> No, no exterior amplified.

14:19:01 >> No exterior amplified music.

14:19:03 >> And the hours of operation, 12 and 2:00 a.m. on

14:19:06 weekends, Friday and Saturday.

14:19:13 >> I'll second the motion.

14:19:15 And I just wanted to say, I have been careful about the

14:19:19 whole SoHo neighborhood and the liquor licenses.

14:19:23 This differs from the one I voted against earlier today

14:19:26 because it is still a restaurant category.

14:19:31 And Mr. Miranda I agree with you, that we have problems

14:19:35 with that kind of -- how to enforce those regulations.

14:19:39 But that's all we have got right now, is to qualify a

14:19:44 business as a restaurant and hope that it will be

14:19:47 enforced.

14:19:49 So, I'll second.

14:19:54 >>THOMAS SCOTT: Moved and second.

14:19:55 Second by Councilwoman Mulhern.

14:19:58 All in favor signify by aye.




14:20:00 Opposes?

14:20:01 >> Motion cared with Miranda voting no.

14:20:03 Second reading of the ordinance will be held August 26,

14:20:06 at 9:30 a.m.

14:20:11 >>THOMAS SCOTT: Item 70.

14:20:25 >> LaChone Dock, Land Development Coordination.

14:20:31 I have been sworn.

14:20:32 Next item is application V10-231, property located 533

14:20:39 South Howard Avenue.

14:20:40 Property is currently zoned commercial general.

14:20:43 Proposed special use is alcoholic beverage sales

14:20:45 4(COP-R) which regards for sale of beverages for

14:20:50 consumption on the premises only.

14:20:52 Existing use is a restaurant, location approved by

14:20:55 alcoholic beverage sales in 2009, containing 3,016

14:20:59 square feet.

14:21:00 Total area under this request is 4,305 square feet.

14:21:05 Required parking is 83 spaces and 86 spaces are being

14:21:09 provided.

14:21:11 >> And I have an aerial of the site.

14:21:14 This is located in the whirly shopping center.

14:21:19 This is boarded with Howard avenue, just east of the




14:21:22 site.

14:21:22 Swan avenue is south of the site.

14:21:25 This is the area in yellow and area in blue is the area

14:21:28 for proposed sales.

14:21:35 And I have pictures of the site.

14:21:37 That's another view of the site.

14:21:48 Another view of the shopping center.

14:21:55 And then another.

14:21:58 The Development Review Committee has reviewed the

14:22:02 petition and finds it consist tenths with applicable

14:22:05 City of Tampa land development regulations.

14:22:07 I'm available if you have any questions.

14:22:10 >>THOMAS SCOTT: Questions of Council?

14:22:11 Officer Miller?

14:22:14 >> Officer Miller, City of Tampa Police Department.

14:22:16 City of Tampa Police Department has no objections.

14:22:19 >>THOMAS SCOTT: Commissioner?

14:22:23 >> Good afternoon.

14:22:30 We have two amendments to our site plan that we'd like

14:22:34 to make.

14:22:35 Excuse me.

14:22:36 In discussing this project with Mr. Crumbley on the




14:22:42 neighborhood association, he had raised some concerns.

14:22:46 So we had agreed to change the hours of operation, the

14:22:50 evening hours of operation.

14:22:51 And we'd like to amend the site plan, to state that the

14:22:55 evening hours of operation will be Monday through

14:22:57 Wednesday, 5:00 p.m. to 10:00 p.m.

14:22:59 Thursday and Friday, 5:00 p.m. to midnight.

14:23:02 Saturday, 3:00 p.m. to midnight.

14:23:04 And Sunday, 3:00 p.m. to 10:00 p.m.

14:23:07 The second amendment is that we would add a note to the

14:23:15 site plan agreeing not in the future for this

14:23:18 particular restaurant to seek a 4(COP-X), to ensure

14:23:23 that this remains a restaurant.

14:23:25 >> How is that enforceable?

14:23:29 >> You can't place a request tying another potential

14:23:33 property owner to what they can and cannot apply for.

14:23:38 They can state that on the record.

14:23:39 Somebody could bring that up.

14:23:40 But it cannot be an enforceable condition.

14:23:43 The rules is consistently given that advice on these

14:23:47 conditions.

14:23:47 Thank you.




14:23:48 >>THOMAS SCOTT: That means that we have to go back and

14:23:50 dig up the minutes.

14:23:51 Four years from now.

14:23:53 >> I understand.

14:23:55 Nothing further, if you have any questions, I'd be

14:23:57 happy to answer them.

14:23:58 Thank you.

14:24:07 >> Good afternoon, Walter Crumbley, president of

14:24:09 Courier City Oscawana Homeowners Association.

14:24:13 I spent considerable time with Mr. Stoltenberg and our

14:24:23 neighborhood association.

14:24:24 And generally speaking, we have found them to be good

14:24:27 neighbors.

14:24:27 We have not had any complaint about problems over there

14:24:30 in the year that they have been there.

14:24:31 And given that they are willing to limit their hours,

14:24:38 we would go along with their request to change it,

14:24:42 designation to 4(COP-R).

14:24:48 >>THOMAS SCOTT: Anyone else from the public wish to

14:24:50 address Council?

14:24:51 Anyone else in opposition?

14:24:53 >> Had mover to close.




14:24:55 >> All signify by saying aye.

14:24:57 Opposes?

14:25:00 Councilmember Stokes, read the ordinance please.

14:25:03 >>Curtis Stokes: An ordinance referring ordinance

14:25:08 2009-229 special use permit SU-II making lawful the

14:25:15 sale of beverages containing alcohol regardless of

14:25:17 alcohol content, beer, wine and liquor.

14:25:22 4(COP-R).

14:25:23 For consumption on premises only in connection with the

14:25:26 restaurant business, establishment at or from that

14:25:28 certain lot, plot or tract of land located at 533 South

14:25:32 Howard Avenue, and more particularly described in

14:25:38 section 3 hereof.

14:25:39 Providing for repeal of all ordinances in conflict,

14:25:44 providing an effective date.

14:25:46 >>THOMAS SCOTT: Been moved and second.

14:25:48 Second by Councilwoman Mulhern.

14:25:52 >> Motion carried unanimously.

14:25:53 Second reading of the ordinance will be held August the

14:25:57 26th at 9:30 a.m.

14:26:04 >> Item 71.

14:26:08 >> LaChone Dock, Land Development Coordination and I




14:26:19 have been sworn.

14:26:20 The next item is application V10-232, for property 915

14:26:27 South Howard Avenue.

14:26:29 The proposed special use is alcoholic beverage sales

14:26:32 4(COP-R) which allows for sale of beverages for

14:26:36 consumption on the premises only.

14:26:40 Site contains 17,765 square feet.

14:26:42 The existing use is a restaurant.

14:26:45 Location was approved for alcoholic beverage sales in

14:26:48 2007.

14:26:48 With conditions.

14:26:50 The current request is for approval without conditions.

14:26:52 Total area under this request is 5,380 square feet.

14:26:56 Containing 3,975 square feet indoor area and 1,405

14:27:03 square feet outdoor area.

14:27:04 The required parking is 39 spaces and 22 spaces are

14:27:08 being provided.

14:27:09 And this is an aerial of the site.

14:27:14 This is the site located here in yellow on Howard

14:27:18 avenue.

14:27:19 Morrison avenue south of the site.

14:27:21 The area in blue is the area for proposed sales.




14:27:23 And I have pictures of the site.

14:27:29 That's the view of the site on Howard Frankland.

14:27:31 West side of the site.

14:27:38 Another view of the site on west.

14:27:43 This is the parking, which is located south.

14:27:46 Another view of the south.

14:27:50 That's the north side.

14:27:53 North of the site.

14:27:54 That's northeast of the site.

14:27:58 That's east of the site.

14:28:01 The Development Review Committee has reviewed the

14:28:05 petition and finds it inconsistent with applicable City

14:28:07 of Tampa land development regulations.

14:28:09 There are three changes that we're requesting to be

14:28:12 made on the site plan between first and second reading

14:28:15 that I'd like to reed into the record.

14:28:16 On page two of the staff report, the first change is to

14:28:20 remove waiver number five from the site plan.

14:28:22 Second change is to remove the solid waste notes from

14:28:25 the site plan.

14:28:26 And the third change is to revise notation number two

14:28:29 on a general note.




14:28:31 If those changes are made, staffer will find the

14:28:34 petition consistent.

14:28:35 I'm available if you have any questions.

14:28:37 >>THOMAS SCOTT: Any questions?

14:28:38 Officer Miller?

14:28:44 >> Officer Don Miller, City of Tampa Police Department.

14:28:47 City of Tampa Police Department has no objections.

14:28:52 >> Council, Steve Michelini.

14:28:54 We had previously requested on this property several

14:28:58 years ago, for alcohol and Council was, had granted

14:29:03 that petition.

14:29:03 The property is located in the SoHo district.

14:29:07 We had respectfully requested at that time for extended

14:29:11 hours.

14:29:11 And subsequent to that, the owners came back

14:29:16 approximately two years ago, and asked for, of the

14:29:20 hours being extended.

14:29:21 And at that time, and each time before that, the

14:29:25 Council has said go and prove yourself, come back and

14:29:28 make sure that there aren't any problems or issues, and

14:29:31 we'll consider and take it under advisement to review

14:29:35 your operating hours.




14:29:37 This is one of the few establishments in the SoHo

14:29:42 district that has its own self-contained parking lot.

14:29:46 It's immediately adjacent to its building.

14:29:48 It operates as a restaurant.

14:29:52 It's not a lounge.

14:29:53 Not asking for those kind of waivers, so it will

14:29:56 operate under the 5149% provisions.

14:30:00 They have been a good neighbor.

14:30:01 We pulled and looked at the police reports.

14:30:05 And I have them if you'd like to see them.

14:30:08 But in the last year and a half, two years, the only

14:30:13 thing that's been there has been a robbery.

14:30:14 And that was a robbery of breaking in of the

14:30:17 establishment itself.

14:30:19 Someone breaking into the restaurant.

14:30:20 And they have had several of those.

14:30:22 There are alarms have gone off and things like that.

14:30:26 When you're reviewing this, it's not an expansion of

14:30:32 the business.

14:30:32 It's not a change in the nature of the business.

14:30:35 They have been there since 2006.

14:30:38 They have proven themselves to be good neighbors.




14:30:40 And they respectfully requesting that the Council a

14:30:44 rue -- review and approve them the extended hours.

14:30:47 >>THOMAS SCOTT: What hours are they requesting?

14:30:49 >> Requesting midnight during the week and 2:00 a.m. on

14:30:51 Friday and Saturday.

14:30:52 >>THOMAS SCOTT: And they close at what time now?

14:30:54 >> Midnight.

14:30:55 >>THOMAS SCOTT: Midnight?

14:30:56 >> Yes, sir.

14:30:56 One of the things that someone had said, there was loud

14:31:00 noises and operations and things in the parking lot at

14:31:04 night.

14:31:04 These are photographs of the evening.

14:31:08 There's nothing there.

14:31:09 There's nothing happening.

14:31:12 Again, under the state law, everyone has to be out of

14:31:15 the restaurant currently at the closing time, which is

14:31:19 midnight.

14:31:20 They have to be gone.

14:31:21 And the staff is there a little longer cleaning up.

14:31:25 That's the main issue.

14:31:27 >>THOMAS SCOTT: Don't they have valet parking there?




14:31:30 >> They do indeed, they have valet parking.

14:31:33 They also have availability of the parking lot next

14:31:36 door.

14:31:37 >>THOMAS SCOTT: I was down there last night, went to

14:31:39 view all these sites last night.

14:31:44 >> They have worked really hard to establish a good

14:31:46 reputation.

14:31:47 And to establish --

14:31:51 >> What did you say?

14:31:52 >>THOMAS SCOTT: I didn't go in.

14:31:53 [ Laughter ]

14:31:58 >>THOMAS SCOTT: As part of my homework, I generally

14:32:00 visit the site and drive around, get out and walk.

14:32:03 I couldn't find, I couldn't find the address on the

14:32:07 building.

14:32:07 I couldn't find the 915 on the building.

14:32:12 >> What time did you get home?

14:32:13 [ Laughter ]

14:32:15 >> Did you valet park?

14:32:19 >> Anyway, Council, they have worked very hard to

14:32:21 establish a good relationship and to maintain that

14:32:23 relationship.




14:32:24 So, it hasn't been a fluke.

14:32:27 It's been continuous for four years.

14:32:29 >>THOMAS SCOTT: Okay.

14:32:29 Anyone here in opposition to this petition?

14:32:32 Anyone here in opposition?

14:32:33 Let me raise the question.

14:32:36 I guess one reason they requested it is because I guess

14:32:43 the, what is it, MacDinton's?

14:32:47 What is that place?

14:32:49 >> We don't have anything to do with MacDinton's.

14:32:53 >> What are the hours of operation?

14:32:54 >> They're not limited.

14:32:56 >> What time?

14:32:57 They close at 3:00 a.m.?

14:32:59 I tell you, listen.

14:33:02 >> That's where you went?

14:33:03 [ Laughter ]

14:33:06 >> I couldn't get in if I wanted to go in.

14:33:10 Listen.

14:33:10 That place is unbelievable.

14:33:13 You can't even get in that place.

14:33:15 I mean, the crowd was like, all the way down the




14:33:20 street.

14:33:21 And there was loud music coming, not from this site,

14:33:28 but from another property there.

14:33:30 I could hear it several streets over, but not from this

14:33:33 particular site.

14:33:34 This is relatively quiet last night.

14:33:36 Yes?

14:33:38 Councilwoman Mulhern, you have a question?

14:33:43 >>MARY MULHERN: [inaudible]

14:33:45 >> That's not his area.

14:33:47 >> I have a question.

14:33:47 You said there was a burglary there or a robbery?

14:33:52 >> There have been break-ins, both there and at Daily

14:33:56 Eats, which is adjacent just to the north.

14:33:59 We have joined with the police department on special

14:34:02 watches and cooperated with them very closely.

14:34:06 On trying to maintain a crime-free area.

14:34:09 They have the freedom to go into our parking lots at

14:34:13 any time for police activities.

14:34:14 And they have actually used the parking lots for stake

14:34:17 outs and other things.

14:34:18 So they have done everything they could to maintain a




14:34:22 good relationship with the city and the neighbors.

14:34:25 >>THOMAS SCOTT: Okay.

14:34:25 Yes?

14:34:27 >> I do have a question.

14:34:32 >>MARY MULHERN: I heard that -- thank you, Mr. Miranda.

14:34:35 I've heard this request for extended hours for the

14:34:40 wine, I think twice.

14:34:42 >> Yes.

14:34:43 >>MARY MULHERN: So that's in three years, three and a

14:34:45 half years.

14:34:46 >> This is the fourth year.

14:34:48 >>MARY MULHERN: This is the fourth time.

14:34:50 >> This is the third time, but it's been four years.

14:34:53 >>MARY MULHERN: Well, the neighbors are getting tired

14:34:54 of having to come down here to beg not to have those

14:34:58 hours extended.

14:34:59 I have a half inch of e-mails from people who do not

14:35:02 want us to extend those hours.

14:35:04 I think it's important for this Council to know that

14:35:07 this keeps coming back.

14:35:10 And every time we say no, you can't have later hours,

14:35:16 they just come back.




14:35:17 The neighbors -- I do live in this neighborhood.

14:35:20 And it has changed incredibly in the 11 years I've

14:35:27 lived there.

14:35:28 And it is on the verge of becoming, you know, another

14:35:36 Ybor or Channelside.

14:35:41 It is surrounded by single-family homes.

14:35:44 And all, the businesses that purchased that commercial

14:35:49 property on Howard know that they're surrounded by a

14:35:55 very stable, single-family neighborhood, where people

14:35:59 move because they're some of the best schools in

14:36:03 Hillsborough County.

14:36:03 So, it's a family neighborhood.

14:36:07 And we tolerate a lot of bars there.

14:36:11 And a lot of late hours.

14:36:13 MacDenton's, I don't know how they got that 3:00 a.m.

14:36:17 hours, but it's been the bane of that neighborhood's --

14:36:22 they have had to live with that so I hope people know

14:36:26 that this is not -- I don't recall Council saying oh,

14:36:30 be on good behavior and come back in a year or whatever

14:36:33 and ask -- I don't recall that.

14:36:35 I don't know if anyone else here on Council remembers

14:36:40 the Council saying that but certainly wasn't me.




14:36:42 And I hope you all got the, all these e-mails from all

14:36:49 these families that do not want us to extend the hours.

14:36:58 >> Would you like me to address that, Council?

14:37:01 >>THOMAS SCOTT: Let me see if there are any other

14:37:02 questions from Councilmembers?

14:37:07 >> At the first hearing, the hours were approved under

14:37:12 a conditional status.

14:37:13 Which meant it had to come back for a rehearing.

14:37:18 So, when it came back for a rehearing, the hours were

14:37:21 made permanent.

14:37:22 And at that time, we were asking for extended hours.

14:37:27 And the Council said, you know, we were asking for

14:37:30 2:00 a.m. at that point.

14:37:32 And the Council said, very clearly, I'm not making this

14:37:35 stuff up.

14:37:36 Come back to us, prove to us that you can run a

14:37:41 responsible business.

14:37:42 We are concerned about the theme of the restaurant.

14:37:43 We are concerned about the type of people that might

14:37:45 come in there and late night drinking, etcetera.

14:37:47 So we went away.

14:37:49 And two years passed and came back and filed a




14:37:53 petition, and at that point, the comments that came out

14:37:56 of the Council were, you've done a great job for the

14:37:59 last two years.

14:38:00 This is the first two years you've had a permanent

14:38:03 license.

14:38:04 Why don't you wait a little while longer and come back

14:38:07 and see how things are doing, see how things are going,

14:38:10 and see what happens?

14:38:11 And so that's why this petition is filed.

14:38:14 Not because we are trying to beat the neighborhood into

14:38:16 submission.

14:38:16 The property owner himself went to the neighbors early,

14:38:22 and met with them, discussed all these issues with

14:38:24 them.

14:38:25 I sent an e-mail out, outlining exactly the same

14:38:28 provisions I've outlined to you, that this was a

14:38:31 request that the neighbors even said to us, go away,

14:38:34 come back in two years and prove yourself.

14:38:36 Wasn't just the Council.

14:38:40 >>MARY MULHERN: Mr. Miranda, sorry -- Mr. Michelini.

14:38:44 >>CHARLIE MIRANDA: Don't tell me I look like that.

14:38:45 [ Laughter ]




14:38:47 >>MARY MULHERN: Got a lot more hair than you.

14:38:48 I have a question about what we just said.

14:38:52 Who on Council told you that?

14:38:56 >>STEVE MICHELINI: I don't really know.

14:38:58 >>MARY MULHERN: I didn't.

14:38:59 >>STEVE MICHELINI: That was the general discussion

14:39:00 among Councilmembers.

14:39:02 I can name names, but I don't think that's appropriate

14:39:05 at this point.

14:39:05 We have done what he would were supposed to do.

14:39:07 We did what we promised to do.

14:39:09 And we are asking the Council to fairly look at what

14:39:12 we're requesting.

14:39:13 It's a fair request.

14:39:16 For us to extend the hours.

14:39:17 We're not going to create a larger restaurant.

14:39:22 The restaurant is what it is.

14:39:23 It's the same size it's always been.

14:39:25 And we respectfully requesting relief from the

14:39:29 operating hours.

14:39:30 They are causing other problems.

14:39:32 They are causing people to get up and leave and go to




14:39:34 the places you don't want them to go to.

14:39:38 >>THOMAS SCOTT: Councilwoman Mulhern?

14:39:40 You have the floor.

14:39:41 You have and then Capin.

14:39:46 >>MARY MULHERN: No, that was my only question.

14:39:47 See all these E-mails.

14:39:51 >> Those E-mails were in response to an e-mail I sent

14:39:54 the neighborhood association a letter, outlining what

14:39:56 we were requesting.

14:39:57 And that's why they all.

14:40:00 >>MARY MULHERN: They're saying that they don't want to

14:40:02 extend the hours.

14:40:04 >> Bristol avenue is half a block away.

14:40:06 It doesn't back up to this restaurant.

14:40:07 And it's around the corner.

14:40:10 I pulled the police reports.

14:40:13 There's allegations in there about loud noise, music

14:40:17 and all kinds of stuff.

14:40:18 I can show you the police reports.

14:40:20 There's nothing there.

14:40:22 There's accidents in the parking lot.

14:40:23 There's a lost purse.




14:40:25 This is from the last two years.

14:40:27 Burglary.

14:40:29 Which was the break-in at the restaurant.

14:40:31 Alarm intrusion, which was the break-in at the

14:40:34 restaurant.

14:40:35 There aren't any -- there's nothing here.

14:40:38 If something had happened that caused the problem, I

14:40:41 would tell you what it was.

14:40:42 It's the too easy to prove to you if I'm lying.

14:40:49 >>THOMAS SCOTT: Councilwoman Capin?

14:40:52 >>Yvonne Yolie Capin: So, according -- with the staff

14:40:54 findings, the three solid waste with inconsistent

14:41:02 waiver number, waiver number five, please remove the

14:41:05 solid waste notes on the site plan and revise notation

14:41:08 number two under the general notes.

14:41:10 This is something that, that it would take to be

14:41:16 consistent.

14:41:18 >> We can remove those notes.

14:41:20 >>Yvonne Yolie Capin: This is going to be done?

14:41:22 >> The neighborhood site plan relating to solid waste,

14:41:25 I believe that there was some discussion back and forth

14:41:28 with solid waste department and the applicant.




14:41:31 Legal department determined there is no need to get

14:41:34 waivers related to solid waste because this is not a

14:41:36 quote new alcohol application.

14:41:37 This is just to remove hours of operation so the solid

14:41:41 waste requirements would not apply.

14:41:43 If they haven't been removed from the site plan, they

14:41:46 really should be removed from the site plan.

14:41:48 >> Thank you.

14:41:49 >> And we commit to removing them.

14:41:52 >>Yvonne Yolie Capin: Also I noted on here that -- oh,

14:41:58 goodness, I'm sorry.

14:41:59 Go ahead.

14:42:00 >>THOMAS SCOTT: Councilman Caetano?

14:42:04 >>JOSEPH P. CAETANO: Letter dated July 19, 2010 from

14:42:06 the Tampa Police Department, finds no objections to

14:42:09 this request.

14:42:09 Please recommend background checks, shows no criminal

14:42:14 records.

14:42:15 Seven police calls since '07.

14:42:18 And you said you were down there, Mr. Chairman.

14:42:20 Did you see any illegal activity or a lot of noise?

14:42:24 >>THOMAS SCOTT: There wasn't any noise coming from this




14:42:27 restaurant. In fact, I drove several blocks over and

14:42:29 people were out on their front porch.

14:42:32 I was there about 9:30, 10:00.

14:42:34 Society was relatively quiet.

14:42:37 In fact, I go to the restaurant and looked through the

14:42:40 windows.

14:42:41 They had patrons in there.

14:42:43 But very quiet.

14:42:45 >> Full disclosure, I have been a contained

14:42:53 environment.

14:42:53 I think 2:00 a.m. will probably comparing with it some

14:42:57 of the other establishments, so I see no objection.

14:43:01 >>THOMAS SCOTT: Councilman Miranda?

14:43:05 >>CHARLIE MIRANDA: Again, you I have nothing against

14:43:07 Mr. Michelini, the employees, the proprietors, none.

14:43:11 But how do we get where we are at today at the SoHo

14:43:14 district?

14:43:15 We got there because is had a license that went to

14:43:17 3:00.

14:43:18 And then somebody says I'm going to stay open from

14:43:20 12:00, I'm going to stay open 11.

14:43:23 And I'm not talking about the lion.




14:43:25 I'm talking in general terms.

14:43:26 And then we are going to go to 2:00 in the morning.

14:43:29 Then you have 2:00 in the morning.

14:43:33 Then they come back and they say, not these folks here,

14:43:35 it's your fault that I can't meet the requirements of

14:43:38 5149.

14:43:39 It's not my fault.

14:43:40 You were there.

14:43:41 You saw what happened.

14:43:42 You were selling more alcohol than food, and instead of

14:43:45 closing the doors, you let the door open.

14:43:49 I understand all that but what happens is, we're

14:43:52 changing the character of something that has been

14:43:56 working for a long time.

14:43:57 And me?

14:44:01 You can take it to the bank.

14:44:02 If anybody comes here with a full (COP-R), they are

14:44:06 going after 12, I vote against it.

14:44:08 And that's how I'm going to be.

14:44:10 I'm letting the world now, that out of six

14:44:13 Councilmember, the seven is going to vote against you

14:44:15 if you go past midnight.




14:44:17 Because very, very small amount of food is sold after

14:44:21 midnight.

14:44:21 To 2:00 in the morning or 3:00 in the morning in some

14:44:26 cases.

14:44:27 So, whether I'm right or not, I got to be proven that

14:44:31 I'm wrong, that more people ate at 2:00 in the morning

14:44:34 than drink at 2:00 in the morning.

14:44:35 I don't believe that's a fact.

14:44:39 >>THOMAS SCOTT: Anyone from the public wanting to

14:44:42 speak?

14:44:42 Anyone from the public desire to speak?

14:44:48 >> Steven Daico, I have been there, Council, since they

14:44:53 have been here.

14:44:55 In fact a, one of the owners I've known since I was a

14:44:58 child.

14:44:59 I can assure you that these are good people that care

14:45:02 very much about the neighborhood and the community.

14:45:04 And they'll do everything they can to maintain that.

14:45:07 As far as Councilmember Miranda's concerns, Friday and

14:45:13 Saturday, one's -- someone's watching a sports game or

14:45:16 there's something going on and they're enjoying chicken

14:45:19 wings and watching a sports game, the it's a sports




14:45:22 restaurant, they literally have to up and go on a

14:45:25 Friday night.

14:45:25 When there's title fights or football games.

14:45:28 So it's really been devastating to them.

14:45:30 And so, this company cannot maintain these jobs and

14:45:34 this location without this consideration.

14:45:37 So I implore you to give this consideration.

14:45:40 In these trying times, they have proven themselves

14:45:43 worthy.

14:45:43 And I ask that you reconsider that position for this

14:45:46 property, Councilman Miranda because of the use -- this

14:45:51 is a restaurant.

14:45:51 And they serve lunches and dinners and the majority of

14:45:54 their business is lunch.

14:45:56 But those two hours are precious and priceless in the

14:46:00 restaurant and liquor business.

14:46:01 Thank you.

14:46:05 >>THOMAS SCOTT: They were advertising a special lunch

14:46:07 special too I think I saw on the outside.

14:46:09 [ Laughter ]

14:46:12 >>THOMAS SCOTT: Pretty good prices.

14:46:14 >> Wear a tie when go there.




14:46:16 >> Council, for the record, we are committing to revise

14:46:19 ting the site plan according to notes the staff has

14:46:21 requested.

14:46:22 And we're respectfully requesting during the weekdays

14:46:26 we be allowed to be open till midnight.

14:46:29 And Friday and Saturday until 2:00 a.m.

14:46:32 >>THOMAS SCOTT: Friday and Saturday two 2:00 a.m.

14:46:34 And then.

14:46:35 >> Sunday through Thursday, would be till midnight.

14:46:38 >>THOMAS SCOTT: Councilwoman Mulhern?

14:46:44 >>THOMAS SCOTT: Moved and second, all in favor signify

14:46:47 by saying aye.

14:46:48 Opposes?

14:46:50 >>MARY MULHERN: I'm going to move to deny.

14:46:51 I want to state I frequent the line -- I can't say

14:46:54 frequent, but I like to go there, when I was in there

14:46:59 for lunch recently, there were all kinds of people with

14:47:02 kids and babies.

14:47:03 And I'm not casting any aspersions on this business.

14:47:08 And all the restaurants, chi-chi Tony's is one of the

14:47:14 great things, when I moved to that neighborhood, we

14:47:16 would go there all the time.




14:47:17 So, I think you're doing a great job.

14:47:20 But I can't get over the fact that the neighbors do not

14:47:25 want to extend those hours.

14:47:26 And they've been very clear.

14:47:28 And this was, you know, the fourth time.

14:47:31 And what happens when Council votes against what the

14:47:37 neighborhoods want, when they're not -- this is a

14:47:40 residential neighborhood, single-family homes, and

14:47:43 these people want their neighborhood to, to continue to

14:47:48 have the same quality of life.

14:47:50 And this changes it.

14:47:51 The more restaurants that we extend the hours, so I'm

14:47:56 just appealing to you, to keep in mind, as you vote,

14:48:01 this will be the fourth time that this restaurant has

14:48:04 requested for later hours.

14:48:06 And every single time, the neighbors said they didn't

14:48:10 want it.

14:48:10 And if City Council isn't listening to the

14:48:14 neighborhoods, I guess no one will.

14:48:17 Going to site the section for compatibility?

14:48:26 No?

14:48:27 [inaudible]




14:48:37 >>MARY MULHERN: Okay.

14:48:38 General standards and a special use section?

14:48:47 >> Cite that number.

14:48:49 >>MARY MULHERN: 27-269.

14:48:52 Potentially adverse effects generally.

14:48:54 The adverse effects of extending these hours, as

14:48:58 Mr. Miranda pointed out, is more people drinking later

14:49:01 and contributing to that.

14:49:03 It's also setting the precedent for later hours, more

14:49:08 alcohol sales in a neighborhood that's a family

14:49:11 neighborhood.

14:49:11 And it is the traffic -- we heard Mr. Crumbley talk

14:49:20 about DUIs.

14:49:21 It's not -- who knows, maybe SoHo is the number one

14:49:26 neighborhood.

14:49:26 I don't know that.

14:49:27 The fact, it's going to be open later.

14:49:29 There will be more people drinking.

14:49:31 And it sets -- it's setting a precedent for more and

14:49:35 more later hours, more and more bars as opposed to

14:49:38 restaurants.

14:49:39 And that is not the quality of life that the people in




14:49:42 that neighborhood bought their homes for, and why they

14:49:47 moved there.

14:49:48 By moving to -- I'm moving to deny the request.

14:49:55 >> I'll second that, see what happens.

14:49:57 >> Mr. Chairman, just for the purposes of the record.

14:49:59 Councilmember Mulhern, you made reference to

14:50:02 Mr. Crumbley.

14:50:03 Mr. Crumbley the testified at a different hearing,

14:50:06 different petition.

14:50:07 That was not part of the record in this.

14:50:09 And I ask you disregard that.

14:50:11 >>MARY MULHERN: Okay.

14:50:11 Sorry.

14:50:14 >> For the purposes of this record, I just wanted to

14:50:17 make some statements to discuss what you could provide

14:50:21 for and legally where you're authorized to act.

14:50:25 This is a case, there was testimony in the record,

14:50:28 where this petition for alcohol sales has been

14:50:31 previously approved with hours of operation based upon

14:50:34 the testimony in the record during those two public

14:50:37 hearings.

14:50:37 Those hours of operation were put in place in order to




14:50:42 be in compliance with chapter 27-269, B, subsection 7,

14:50:48 which talks about the control of potentially adverse

14:50:50 effects.

14:50:51 And it does specifically state in that section that

14:50:54 hours of operation can be imposed for the purposes of

14:50:56 controlling potentially adverse effects.

14:50:59 The hearing in front of you today, is a little bit

14:51:01 different than what you typically hear because you're

14:51:04 having an applicant come forward making a request to

14:51:06 remove those conditions.

14:51:07 So you are analyzing this in terms of the control of

14:51:10 the potentially adverse effects.

14:51:12 By moving to denying based upon the motion of

14:51:17 Councilwoman Mulhern, what you would be saying is that

14:51:20 there is no competent substantial evidence in the

14:51:23 record today that would mitigate the potentially

14:51:26 adverse effects that were found in previous hearings.

14:51:29 Just for the purposes of the record, I wanted to make

14:51:31 that statement.

14:51:32 If there are any questions about that, I'd be happy to

14:51:35 answer them.

14:51:36 >>MARY MULHERN: Thank you, Ms. Cole.




14:51:39 >>THOMAS SCOTT: Have a motion, moved and second.

14:51:41 Second by Councilman Miranda.

14:51:44 All in favor signify by saying aye.

14:51:46 Opposes?

14:51:48 Nay.

14:51:49 >> Voice roll call.

14:51:52 >> Miranda.

14:51:53 >> Aye.

14:51:54 >> Capin?

14:51:56 >> Aye.

14:51:57 >> Miller?

14:51:58 >> Nay.

14:51:59 >> Scott?

14:51:59 >> Nay.

14:52:01 >> Mulhern?

14:52:04 >> Yes.

14:52:04 >> Caetano?

14:52:05 >> The motion fails, 3-4 with Stokes, Miller, Scott and

14:52:10 Caetano voting no.

14:52:12 >>THOMAS SCOTT: Councilman Caetano?

14:52:20 >>THOMAS SCOTT: I'm going to support the motion on --

14:52:22 I'm assuming he's going to make based on the fact




14:52:25 again, in my observation, around this establishment

14:52:32 seems to be a very quiet restaurant, and conducting

14:52:36 itself in a very professional manner.

14:52:38 Contemporary to other establishments in the area.

14:52:45 I saw just the opposite.

14:52:46 And I hope they will continue to conduct themselves in

14:52:49 that way and don't let this neighborhood go down.

14:52:53 >> Mr. Chairman, I want to say one thing before I read

14:52:56 this.

14:52:57 There evidently has been no adverse effect because

14:53:00 there have been no police reports, according to Officer

14:53:02 Miller.

14:53:03 I'll read the ordinance.

14:53:05 An ordinance approving a special use permit SU-II for

14:53:09 alcoholic beverage sales, making lawful sale of

14:53:12 beverages containing alcohol regardless of alcohol

14:53:14 content, beer, wine and liquor.

14:53:16 4(COP-R) for consumption on the premises only in

14:53:20 connection with a restaurant business establishment at

14:53:23 or from that certain lot, plot, or tract of land

14:53:27 located at 915 South Howard Avenue, Tampa, Florida, and

14:53:33 more particularly described in section 2 hereof,




14:53:36 providing for repeal of all ordinances in conflict,

14:53:39 providing an effective date.

14:53:42 >> Been moved and second.

14:53:44 All in favor signify by saying aye.

14:53:47 Opposes?

14:53:50 >> Motion carried with Miranda voting no.

14:53:53 And Mulhern being absent at vote.

14:53:57 Second reading of the ordinance will be held August the

14:54:00 26th at 9:30 a.m.

14:54:07 >>THOMAS SCOTT: It ain't over yet.

14:54:08 The 26th.

14:54:11 Second reading.

14:54:12 That's the one that counts.

14:54:18 [ Laughter ]

14:54:31 >> Good afternoon, Council, Abbye Feeley, Land

14:54:34 Development Coordination.

14:54:35 I have been sworn.

14:54:36 The next item on your agenda is located at 1208 East

14:54:40 Kennedy Boulevard.

14:54:41 It's V10-421.

14:54:43 This is the Grand Central at Kennedy and the Channel

14:54:47 District.




14:54:48 The request before you today is for 4(COP) with

14:54:53 conditions.

14:54:54 I'll go into that a little further.

14:54:55 There are couple waivers.

14:54:58 The first is to reduce distance separation from a

14:55:02 thousand feet to zero for other establishments selling

14:55:05 alcoholic beverages.

14:55:07 Thousand feet to zero for residential uses and from a

14:55:09 thousand feet to 315 feet for institutional uses.

14:55:13 The picture of the site, to the west, Kennedy to the

14:55:28 south, Madison to the north.

14:55:30 This petition was before you a couple months ago for

14:55:34 the first alcoholic beverage permit in Grand Central.

14:55:38 And that was for the poor house.

14:55:41 On the first floor.

14:55:42 It was for 2(COP).

14:55:45 There's some pictures.

14:55:51 I think you all are familiar with this site.

14:55:56 Here's the courtyard area in the center of the project.

14:56:00 This is looking south.

14:56:04 Across Kennedy.

14:56:07 This is looking east on Kennedy.




14:56:10 That's the new Slade project that recently finished

14:56:13 completion.

14:56:13 This directly west, across Meridian.

14:56:18 Looking west on Kennedy.

14:56:23 And looking southwest across Meridian.

14:56:28 Council, the request that's before you this afternoon

14:56:34 is for 4(COP) with conditions.

14:56:36 What this is, is very similar to the Heights.

14:56:40 The way this has been structured is very similar to the

14:56:42 way the Heights was just done couple months ago.

14:56:45 There actually is no 4(COP) designation that would be

14:56:49 associated with any of the uses.

14:56:51 What I gave you was an attachment, which your aerial.

14:56:57 That is the conditions that will be associated with

14:56:59 this request today.

14:57:00 Let me briefly go through this.

14:57:02 The request is to wet the first floor of Grand Central.

14:57:10 Which is under CD-3 zoning and allows for residential,

14:57:15 retail office and general commercial uses.

14:57:18 The total floor usable area under this request would be

14:57:22 159,000 square feet.

14:57:23 But when you look at these spreadsheet I gave you on




14:57:27 the last sheet of the attachment, what they're

14:57:29 requesting would be maximum of 115,000 square feet.

14:57:32 And it would be spread over the first floor of the

14:57:34 building.

14:57:36 And limited to the following classifications.

14:57:39 25,000 square feet of 4(COP-R) in conjunction with the

14:57:45 restaurant.

14:57:46 15,000 2(COP-R) in conjunction with the restaurant.

14:57:49 20,000 of either 2(COP) or 4 (COP-X) in conjunction

14:57:54 with the bar lounge.

14:57:55 And 55,000 square feet of various alcoholic beverage

14:57:58 sales.

14:57:59 If you'll look on that, on the attachment on the last

14:58:04 sheet, that spreadsheet shows you the uses that could

14:58:06 be associated with those sales.

14:58:08 They include a catering shop, a pharmacy, place of

14:58:16 assembly, public cultural facility.

14:58:18 As you know, Stage Work has a location in Grand Central

14:58:21 that they have been working on.

14:58:23 Recreational facility, commercial indoor, which would

14:58:26 be like a pool hall if one were to locate in Grand

14:58:29 Central.




14:58:30 Recreational facility private.

14:58:31 Retail sales, convenience goods -- 2(APS).

14:58:37 That would be working to get a grocery two in there.

14:58:39 The 2(APS) will allow for that.

14:58:42 Retail shopper goods, which could be 2(APS) or 3(APS).

14:58:47 Retail sales, specialty goods.

14:58:48 And then a temporary event.

14:58:50 They are requesting 115,000 square feet.

14:58:54 And then those outdoor areas would be in addition to

14:58:56 that.

14:58:57 Those conditions in the attachment that say that the

14:59:00 outdoor areas have to be associated with an indoor

14:59:03 area.

14:59:03 We had a couple land development had a couple,

14:59:09 inconsistent finding in order to accommodate these

14:59:12 revisions.

14:59:13 And to have this attachment added on to the site plan

14:59:17 as a second sheet.

14:59:18 We have been working closely with Mr. Powell and

14:59:21 Mr. Stoltenberg in order to get all this going and it

14:59:25 appears that those revisions will be made with no

14:59:27 problem.




14:59:27 But I will let Mr. Powell speak to that.

14:59:31 Staff is available for any questions.

14:59:37 >>MARY MULHERN: While you went to a lot of work on

14:59:39 this, somebody did, the only question I have about this

14:59:42 chart.

14:59:42 The temporary event, we usually -- there's a special

14:59:49 use permit for special events.

14:59:52 Usually, right?

14:59:53 I don't understand what this is.

14:59:55 Are we approving any temporary event?

14:59:58 Or do they start to come back and apply?

15:00:02 >> This would be like, if the grocery store wanted to

15:00:06 have a wine tasting.

15:00:08 If one of the tenants, like the poor house, wanted to

15:00:11 have a St. Patrick's day or something.

15:00:13 They're going to get through the sub-permit process,

15:00:16 they are going to come in and draw down off of these

15:00:19 entitlements.

15:00:20 Just like they will, do through the PDA process.

15:00:26 >>MARY MULHERN: So right now, if, I mean, there are a

15:00:28 lot of grocery stores that have, that sell wine and

15:00:31 have wine tastings.




15:00:33 They don't have to come and get a permit to do that, do

15:00:35 they?

15:00:36 >> But that's inside the store.

15:00:37 This would be for those outside areas.

15:00:40 The patio areas.

15:00:41 You'll see on your site plan, there's an outside area

15:00:45 on the east of the building.

15:00:47 It's a small very narrow attached area.

15:00:51 That would be one of the areas.

15:00:55 That could have the temporary event.

15:01:00 >>MARY MULHERN: Okay.

15:01:01 Is this seems so complicated.

15:01:05 Why couldn't we just have -- I don't know.

15:01:10 I guess you figured this out.

15:01:13 >> I mean, I'll just try and talk off the cuff.

15:01:16 And alcoholic beverage, you can only have one

15:01:18 designation per tenant.

15:01:22 Okay?

15:01:23 So, that -- that limits.

15:01:26 You couldn't have a 2(COP) over here.

15:01:30 >>MARY MULHERN: And you don't know where they're going.

15:01:32 >> Part of the thing here, in order not to have Grand




15:01:34 Central coming back to you, as they fill in each of

15:01:37 their bubbles on the ground floor, which I know they're

15:01:39 having a new restaurant, sports bar going in there now.

15:01:43 They had the poor house and then if they had the

15:01:45 grocery store.

15:01:46 Every time, they would be coming back.

15:01:48 So what you do you put that 4(COP) umbrella on that.

15:01:52 But then you condition it.

15:01:54 As you'll see, nothing in the spreadsheet I gave you

15:01:57 had a 4(COP) as one of the uses.

15:02:00 But that is the only way to package everything so that

15:02:03 those conditional assignments can happen together.

15:02:09 >>MARY MULHERN: This is a large learning experience.

15:02:11 It doesn't seem like the best process and I wasn't

15:02:16 comfortable the last time we did this.

15:02:18 But at least this is one.

15:02:21 >> The other thing --

15:02:23 >>MARY MULHERN: It's not an entire neighborhood.

15:02:24 >> Even though that umbrella sits there, nothing is

15:02:27 actually academy violated or triggered until they come

15:02:29 in for the sub-permit.

15:02:30 And that is reviewed by the zoning administrator and




15:02:33 that sub-permit is then issued.

15:02:41 >>THOMAS SCOTT: Have we done this anywhere else in the

15:02:43 city?

15:02:44 >> The Heights was the first one we did.

15:02:46 >>THOMAS SCOTT: Well, the Heights, I think is slightly

15:02:48 different because there were no buildings period,

15:02:51 right?

15:02:52 And then they had a timetable, or it expires, as I

15:02:56 recall, right?

15:02:58 They have to utilize it, they have to be able to

15:03:00 activate it or utilize within a certain time frame?

15:03:04 >> Within every special use, you have 24 months to

15:03:07 activate that special use.

15:03:09 That's the same for their.

15:03:11 A sub-permit will need to be pulled on the Heights

15:03:13 within 24 months or that also will go, they'll lose

15:03:17 their special use.

15:03:23 >> Miss Cole?

15:03:24 If you want to clarify the distinction about the

15:03:27 Heights please.

15:03:32 >>THOMAS SCOTT: I would raise the question about what's

15:03:34 the difference, I raised this issue before.




15:03:37 When the Heights came before us, there was no

15:03:39 buildings.

15:03:40 We just pretty much just gave, I guess -- pardon me?

15:03:49 Where the whole Heights really.

15:03:51 Wet zone the whole area, what we did.

15:03:53 What Council did.

15:03:54 And so, I had issues with that.

15:03:57 So I'm saying today, what is it different between that

15:04:00 and this, other than the yellow building, I guess the

15:04:04 building is here.

15:04:05 I guess they can come in when the first tenant come in,

15:04:09 then it activates, I guess is what you're saying.

15:04:13 >> That's correct.

15:04:14 This is a built-out property, versus the Heights, which

15:04:17 was large scale PDA, which is a very large PD bubble

15:04:21 plan, where you didn't have buildings come in place

15:04:24 right then and there.

15:04:25 That they were coming forward with their development

15:04:27 pursuant to their planned development.

15:04:29 This is an existing structure, which would in essence

15:04:32 have a classification over, I think it's first floor,

15:04:37 first two floors, which would allow this property




15:04:39 owner, as businesses come in, to draw down, but you are

15:04:44 talking about something that's built, that can be

15:04:46 pulled immediately, versus the Heights, which is, you

15:04:51 know, still going through the process of construction.

15:04:54 I mean, that would be the major difference and that

15:04:58 type of development, that level of PDA, is something --

15:05:02 you don't have a lot of those in the city, but you do

15:05:04 have areas of the city that are constructed and built

15:05:07 that, you know, we had this discussion during the

15:05:10 Heights, as you start to kind of create these new

15:05:13 processes, per application, you are setting, at least

15:05:21 the opportunity for somebody to come out and ask for

15:05:23 something similar.

15:05:24 Thank you.

15:05:26 >>THOMAS SCOTT: Okay.

15:05:27 Any other questions?

15:05:32 Officer Miller?

15:05:34 Not yet, Mr. Powell.

15:05:35 I know it's been a while since you have been here.

15:05:37 >> Officer Don Miller, City of Tampa Police Department.

15:05:40 The Tampa Police Department has no objections.

15:05:42 >>THOMAS SCOTT: Thank you.




15:05:43 Okay.

15:05:44 Tim Powell.

15:05:47 Come on down.

15:05:52 >> When you're getting as old as I am, you don't like

15:05:55 to get up more than once.

15:05:57 For the record, my name is Timothy H Powell.

15:06:06 I can't say enough about how hard staff and my client

15:06:11 has worked to try to pull this together.

15:06:13 To make an opening statement real quickly, this is a

15:06:17 very defined project.

15:06:18 It's a defined building.

15:06:20 It's only the first floor.

15:06:21 And the basis -- spaces that we are talking about are

15:06:25 legally described and defined as part of the

15:06:28 application under the exhibits.

15:06:29 And we have what we call inside spaces, which are

15:06:33 legally defined.

15:06:34 And then we have three outdoor spaces, which are

15:06:37 legally defined.

15:06:38 To answer your question, Miss Mulhern, the special

15:06:44 event is actually a sidewalk in front of the grocery

15:06:46 store space.




15:06:47 That's all it is.

15:06:48 It is not even the parking lot.

15:06:50 It's actually just a very narrow sidewalk, so in if --

15:06:55 if in fact the vendor.

15:06:56 We were concerned if a wine tasting occurred and they

15:06:59 put their little stacks of wine bottles, else outside,

15:07:03 and put the registers outside, which I have seen them

15:07:06 do, in fact, they just did one on harbor, in harbor

15:07:08 island recently, then technically that would be a

15:07:11 violation if they did that outside.

15:07:13 So we wanted to make sure that we covered the sidewalk

15:07:16 on the outside.

15:07:17 But kind of stepping back, I'm the spokesman for the

15:07:21 applicant Grand Central, Ken Stoltenberg, managing

15:07:25 partner.

15:07:25 For the commercial tenant space located 1208 east

15:07:28 Kennedy Boulevard.

15:07:29 >>THOMAS SCOTT: Anyone here in opposition to this

15:07:31 petition?

15:07:31 Anyone here in opposition?

15:07:33 >> Mover to close.

15:07:34 >>THOMAS SCOTT: Any more questions by Council?




15:07:37 >> If I can, Council, I just want to be clear, and I

15:07:40 don't want to deny this petitioner has the right to

15:07:43 make his case to Council.

15:07:44 What I'm, and miss Cole alluded to this.

15:07:47 There's a distinction between this and the Heights.

15:07:50 And she told you what those were.

15:07:55 What I want to share with council is a concern that

15:08:01 what you have before you is a bit structure.

15:08:04 That is easily duplicated throughout the City of Tampa.

15:08:09 You've created a process, which in effect creates an

15:08:12 administrative method of assigning within that

15:08:17 structure, alcoholic beverage special uses.

15:08:20 You in effect then are creating a precedent for those

15:08:24 people who are similarly situated throughout the City

15:08:26 of Tampa.

15:08:27 And for you to not be able to make a distinction, as

15:08:31 you can in this case, between the heights and Grand

15:08:33 Central, with the person who comes in after you approve

15:08:38 something like this for a bit structure within the

15:08:41 city, you may find yourself in a position of having

15:08:44 your attorneys advise you that from an equal protection

15:08:48 standpoint, you have to treat similarly situated




15:08:51 applicants and petitions like the same.

15:08:54 So, from that perspective, I just want Council to be

15:08:57 aware that you may be in effect creating a public

15:09:00 policy decision here, that may have ramifications that

15:09:03 go beyond this particular petition.

15:09:06 If miss Cole wants to add anything to that, feel free.

15:09:11 Again this is not to impede the petitioner's right to

15:09:14 make his case.

15:09:16 >>JULIA COLE: I'm sorry if I didn't make the point that

15:09:18 Marty has made very clear.

15:09:20 And we said the same thing when we were going through

15:09:23 the process of the heights.

15:09:24 You know, that this, that the Heights was the first

15:09:27 time we had created this process under which you could

15:09:30 have sub-permits that could be administratively

15:09:32 approved under a certain set of guidelines set forth in

15:09:35 an individual petition, versus within your code.

15:09:38 Legally, you can do it that way.

15:09:41 It's just that it is, now you've seen somebody else

15:09:45 come in for that type of application.

15:09:47 It is an existing structure.

15:09:49 And certainly, you know, we are, we could face the




15:09:53 possibility of starting to set a precedent.

15:09:55 Frankly, it's something City Council thinks is an

15:09:59 appropriate idea, we probably need to codify it because

15:10:01 it may be something in certain instances that makes a

15:10:04 level of sense.

15:10:05 To allow under certain conditions, this kind of

15:10:07 permitting process.

15:10:08 But all thank said, I would agree with what Mr. Shelby

15:10:12 said.

15:10:12 I will say one other thing.

15:10:14 If in fact City Council would like to approve this

15:10:17 application the way it has been described to you, do I

15:10:19 have a subordinance which I would go ahead and put into

15:10:23 the record, which contains the proper conditions as

15:10:26 discussed with you today.

15:10:27 Thank you.

15:10:29 >>THOMAS SCOTT: Now, you all, cause some concern, now

15:10:33 you start, because I was under the impression that

15:10:38 every petition had to be voted on its own merit.

15:10:40 Now you're telling me that, you know, getting what we

15:10:45 may do here today, somebody else might be entitled,

15:10:49 because we are setting a precedent now.




15:10:52 Causes some red flags in my mind.

15:10:54 >>JULIA COLE: I need to maybe restate it then.

15:10:56 I'm not suggesting that every petition is not

15:10:58 considered on its own merits.

15:11:00 It is absolutely considered on its own merits.

15:11:02 The difference here is we are not just talking about

15:11:05 the -- you're talking about also creating a procedure

15:11:08 that procedure being held wholly within a particular

15:11:13 petition versus being within your code, certainly

15:11:15 allows other people to come forward and make a request

15:11:17 to have a similar procedure put in place.

15:11:19 You always consider each individual property.

15:11:22 And whether or not this procedure is appropriate on

15:11:25 that property.

15:11:25 And again, I would suggest to you that if this is

15:11:29 something and we start to see a lot of these times of

15:11:32 petitions with this procedure, we may have to have some

15:11:35 conversation about maybe codifying this type of

15:11:38 procedure.

15:11:38 That way, the procedures in our actual code and you can

15:11:42 make determines, individual properties as to whether or

15:11:44 not this type of process is appropriate.




15:11:47 >>THOMAS SCOTT: Councilwoman Mulhern?

15:11:53 >>MARY MULHERN: This is, you know, this is difficult.

15:11:54 But it is, as I said, at least it's just one building.

15:11:59 One building, one floor.

15:12:03 I guess -- I'm not real thrilled with this process, in

15:12:09 the future.

15:12:10 I don't know that we are going to want to codify this.

15:12:12 But I just -- you know, this is especially confusing,

15:12:20 considering we have two new Council people.

15:12:24 It's confusing Chairman Scott and I.

15:12:28 Yeah, I'm just not sure what to say about this.

15:12:35 I want to hear from Mr. Miranda.

15:12:37 If he feels like talking.

15:12:40 >>CHARLIE MIRANDA: Inaudible]

15:12:48 >>Yvonne Yolie Capin: Thank you.

15:12:49 I'm not confused.

15:12:50 Looking at this, okay, the way I understand it, each

15:12:55 one of these gets triggered as it comes up.

15:12:59 It does not trigger until that space is taken up.

15:13:06 >> Abbye Feeley, land development.

15:13:09 That is correct.

15:13:10 You can't have, you couldn't have a building, to say




15:13:14 it's a small building.

15:13:15 You couldn't have that building have split

15:13:18 designations, like half of it have PS and half of it

15:13:21 have 4(COP-R).

15:13:23 You can't have that come in as one special use.

15:13:26 You would have to couple that under a straight 4(COP)

15:13:31 in order to allow for two types of designations to

15:13:33 exist at the same time.

15:13:34 So in order to regulate that, they could have come in

15:13:38 and just asked for a straight 4(COP).

15:13:39 That would be the only way for them to get these

15:13:42 multilevels of designations occurring on one property

15:13:46 at the same time.

15:13:46 In order to limit that, and restrict that, that's where

15:13:51 these conditions have come in and the assignments of

15:13:53 square footages to certain uses, have come in, in order

15:13:57 to say we can have all these, but they have to come in

15:14:01 under a separate permit in order to allow for

15:14:04 ratification.

15:14:05 And the second is to limit the square footage that

15:14:08 could be assigned to it.

15:14:09 So yes.




15:14:10 And it does not get triggered until you come in for the

15:14:14 permit and we say okay, this is a restaurant.

15:14:16 They got X thousand square feet per restaurant.

15:14:19 They're going to draw down 10,000.

15:14:21 Now they only have Y number left.

15:14:25 And we are going to pull down from that.

15:14:26 And we can only approve by sub-permit, what is allowed

15:14:29 as that maximum square footage.

15:14:32 Which is not the whole floor.

15:14:34 Because the whole first floor is 159,000, and this is

15:14:37 only 115,000.

15:14:39 And then it's broken up by those different uses.

15:14:44 >>Yvonne Yolie Capin: The other thing, is that what

15:14:46 we're setting here is procedural.

15:14:48 That's what was -- this is new, this is what's coming

15:14:53 to us.

15:14:54 And so, we have not done this before.

15:15:00 >> There's been one other time that we have done this.

15:15:03 That's where this came from.

15:15:04 The it's kind of like some of the other cases you've

15:15:07 seen today.

15:15:07 Say, we are going to condition ourselves, we are going




15:15:09 to say no amplified sound.

15:15:11 We are going to say our hours will be this.

15:15:14 They're conditioning themselves there, 4(COP), it's

15:15:18 just a far more intricate way.

15:15:22 >>Yvonne Yolie Capin: The only other thing, we have

15:15:24 9:00 a.m. to 3:00 a.m., on several of these.

15:15:28 That would be the other concern.

15:15:30 Is that also triggered, the hours at the time that,

15:15:36 besides the?

15:15:40 >> Yes, if they have alcohol.

15:15:41 Mr. Stoltenberg might want to speak to that, because in

15:15:44 his building I think he has other restrictions.

15:15:48 But subscript one says the hours of operation as listed

15:15:51 in that table are only if they're selling alcohol.

15:15:53 So if they're not -- you might have a doggy boutique on

15:15:59 the first floor.

15:16:00 Would you not be subject to these hours as retail

15:16:03 sales, because you're not selling alcohol with your

15:16:05 doggy products.

15:16:08 >> Thank you.

15:16:10 >> I just have a question for Miss Abbye.

15:16:12 In essence, what we are doing, we are allowing the




15:16:16 property owner to open up a variety of retail spaces,

15:16:23 to allow him to, the opportunity to lease out his space

15:16:27 to very different tenants, you mentioned grocery store,

15:16:32 pool hall, pharmacy.

15:16:35 We're just giving him that opportunity to go out and

15:16:38 lease?

15:16:41 To a variety of tenants.

15:16:43 >> There is currently a mixed-use project on this that

15:16:45 would allow for all those uses.

15:16:47 What this special use is doing is allowing those uses

15:16:50 to also sell alcohol.

15:16:51 But, they would have to pull down off of -- if they

15:16:56 have already pulled down 55,000 for other uses, and now

15:17:00 I come in and want to do something else, there's no

15:17:02 more square footage for me to sell alcohol to.

15:17:05 It's maxed out.

15:17:06 So it does allow them, and I guess what has happened, a

15:17:11 couple months ago, the first tenant in there, who

15:17:14 wanted to sell alcohol, came in, and now, they've got

15:17:17 another one.

15:17:18 And then if the grocery store anchors and also they'll

15:17:21 have another one.




15:17:22 So to stop them from repeatedly coming back, they're

15:17:25 trying to put that umbrella over it and then put the

15:17:27 conditions on that would allow for those uses to occupy

15:17:30 and to sell.

15:17:31 Yes, sir?

15:17:36 >>THOMAS SCOTT: Other questions?

15:17:37 Mr. Powell?

15:17:46 >> Just to make a couple clarifying statements.

15:17:49 Mr. Stoltenberg, he owns the entire project.

15:17:56 He and his partner.

15:17:57 So this is retail space that's part of his development,

15:18:01 the mixed use, the entire building is his development.

15:18:06 So that the residential units above it and the retail

15:18:09 space are all part of his operation?

15:18:13 Like was mentioned earlier, Stage Works is one of the

15:18:15 things that's taking up some of the square footage.

15:18:18 The largest square footage space is the potential

15:18:21 grocery store, which is 45,000 square feet.

15:18:23 And that has to eat up 45,000 square feet of the 155

15:18:30 right there.

15:18:30 And it's just for beer and wine sales.

15:18:33 So, it's somewhat deceiving in the fact that it looks




15:18:36 like although it will be large square footage, but in

15:18:40 reality, just that one use, the grocery store is eating

15:18:44 up a big chunk of it.

15:18:46 Ken can speak if he wants to, he is going to put

15:18:49 additional restrictions.

15:18:51 We have a photo, which was actually shown to you

15:18:53 earlier.

15:18:54 Of the courtyard, because Outback Bowl, if any

15:19:04 obviously, if any have an alcoholic beverage license,

15:19:08 they're allowed to use the outdoor space, but then Ken

15:19:11 is also very concerned that that not create a noise

15:19:14 problem.

15:19:15 Why?

15:19:15 Because he owns the building that are adjacent to it,

15:19:18 that if anybody's going to be affected by it, it's his

15:19:22 own building.

15:19:23 So it's to his advantage to set this up in cooperation

15:19:27 with the city, to do these special sub-permits that

15:19:30 designate -- they actually have to go through Kim's

15:19:35 office and administration before they even get to the

15:19:37 city.

15:19:38 Then the city gives them a sub-permit.




15:19:40 If in fact one of those sub-permits starts to cause a

15:19:44 problem, the city can revoke that sub-permit, just like

15:19:48 that.

15:19:48 And then we can't transfer the entitlements to that

15:19:51 sub-permit to another space, we have to come back and

15:19:54 re-do it.

15:19:55 So there are a lot of controls set up in this.

15:19:59 It's been very, very well thought out.

15:20:02 Abbye spent a lot of time, Rebecca has spent is a lot

15:20:06 of time in developing these conditions as we went

15:20:09 through it to make sure that this thing made sense.

15:20:12 That when -- what it's doing is eliminate being the

15:20:16 duplication of effort of continually coming back in

15:20:19 asking for the same thing.

15:20:21 It's inefficient operation, and yet it has the controls

15:20:26 that the city's stays in control of it.

15:20:28 Thank you.

15:20:29 >>THOMAS SCOTT: Do we have -- are any of the malls in

15:20:32 the City of Tampa have this?

15:20:34 I know you said earlier.

15:20:36 I just want to make sure.

15:20:37 Is that it?




15:20:41 Somebody?

15:20:41 Any of the malls, international mall, west shore, do

15:20:47 they have this privilege?

15:20:52 >> No, they've all come in independently.

15:20:54 In fact, you're about to -- they have all come in

15:20:57 independently.

15:21:04 >>THOMAS SCOTT: They don't have this though?

15:21:06 Nobody else has this, right?

15:21:09 >> At this point, you have heard one application that

15:21:11 you have approved, which was the Heights.

15:21:13 This is the second application that has come before

15:21:15 you.

15:21:15 There is nothing in our code that prohibits any other

15:21:18 property owner from coming in and making a request for

15:21:21 an alcoholic beverage permit, which includes conditions

15:21:25 and a similar form or fashion.

15:21:27 >>THOMAS SCOTT: Has the right to -- Council has the

15:21:29 right to deny anyone of them.

15:21:32 >> Based upon the record and testimony received in the

15:21:34 record, that specific application from property owner,

15:21:37 versus what the waivers might be requesting, versus

15:21:39 whatever those conditions are.




15:21:41 >>THOMAS SCOTT: I just want to make sure.

15:21:42 Because I don't want my hands tied whereby, if I

15:21:45 disagree with one, or agree with another, that I'm

15:21:50 bound to support another one.

15:21:51 I want to make sure.

15:21:53 >> Just so I can make clear what my statements were.

15:21:56 There are not that any individual special use permits

15:21:59 or alcohol would be obligated to be approved because

15:22:02 you approve this one.

15:22:03 But procedurally, now that you're having these

15:22:05 questions, these come in, I would say that it's more

15:22:09 from the procedural perspective, you at least have to

15:22:11 consider those conditions.

15:22:12 Thank you.

15:22:13 >>THOMAS SCOTT: Councilwoman Mulhern?

15:22:16 >>MARY MULHERN: I think what Councilman Scott is

15:22:22 asking, or what I, the way I see it and what might be

15:22:26 problematic for me, is that if we do approve this type,

15:22:32 and then if we do, based on whatever rational, not

15:22:38 approve another one that comes in, that might cause

15:22:43 them to put us in, you know, legal trouble.

15:22:48 >> It would depend on your bases for denial.




15:22:54 So it's hard to answer that question without

15:22:56 understanding an individual petition.

15:22:57 What I'm trying to make clear is, I would be very -- I

15:23:01 would be more concerned if you denied another petition

15:23:04 based upon the fact that they have made the request for

15:23:06 this type of application than you were making that

15:23:09 decision based upon the specific condition and a

15:23:12 specific area of the city it's in.

15:23:15 The neighborhood, how close it is to residential and

15:23:17 those kinds of issues.

15:23:18 The only thing I think that has a level of preferential

15:23:20 value in this is that this type of procedure has been

15:23:24 requested.

15:23:25 When I say the procedure, it is a condition of the

15:23:27 permit.

15:23:28 So, there is nothing illegal about it.

15:23:30 It's just that there's a procedural aspect to these

15:23:32 conditions.

15:23:33 Thank you.

15:23:34 >>THOMAS SCOTT: Okay.

15:23:35 What's the pleasure of Council?

15:23:40 Moving to close?




15:23:41 >> Move to close.

15:23:46 >>THOMAS SCOTT: Move and second.

15:23:47 All in favor signify by saying aye.

15:23:48 Commissioner Stokes, you want the read?

15:24:03 >>Curtis Stokes: Ordinance fulfilling 1020 approving

15:24:07 special use permit making lawful sale of beverages

15:24:12 containing alcohol regardless of alcoholic content,

15:24:15 beer wine and liquor.

15:24:17 4(COP) for consumption on premises in sealed containers

15:24:22 for consumption off premises, on certain lot, plot or

15:24:25 tract of land, 1208 Kennedy Boulevard.

15:24:30 Described in section three hereof.

15:24:34 Providing for -- providing for repeal of all ordinances

15:24:35 in conflict.

15:24:41 Providing an effective date.

15:24:41 >> Is there a second?

15:24:47 >>THOMAS SCOTT: Motion include revision sheet?

15:24:49 >> Yes, includes the revision sheet.

15:24:50 I apologize.

15:24:52 >> Moved and second.

15:24:53 Second by Councilwoman Capin.

15:24:54 All in favor signify by saying aye.




15:24:56 Opposes?

15:24:58 >> Motion carried with Miranda voting no.

15:25:00 Second reading of the ordinance will be held August the

15:25:04 26th at 9:30 a.m.

15:25:09 >>THOMAS SCOTT: Item 73.

15:25:28 >> LaChone Dock, I have been sworn.

15:25:31 The next item on the agenda is application V10-241,

15:25:38 property located 3215-3217-south MacDill avenue.

15:25:44 The proposal special uses for alcoholic beverage sales

15:25:49 2(COP) which allows for the sale of alcoholic beverages

15:25:51 for consumption on the premises and in sealed

15:25:54 containers for consumption off premises.

15:25:56 The proposed use as a restaurant which is located

15:26:00 within an existing strip commercial center.

15:26:03 The areas contained within the special use request is

15:26:06 788 square feet.

15:26:07 Consisting 736 square feet indoor area and 141 square

15:26:14 feet of outdoor areas.

15:26:15 Total of 86, and 65 spaces are being provided.

15:26:21 And I have an aerial of the site.

15:26:22 This is the site located here in yellow.

15:26:29 MacDill avenue.




15:26:32 The crosstown expressway is bordering the site to the

15:26:35 west.

15:26:35 The area that is in blue is the area for proposed sale.

15:26:40 Picture of the site on MacDill.

15:26:51 Another view of the site.

15:26:54 Another view.

15:26:59 View looking north on MacDill.

15:27:06 >> Can you show us which unit?

15:27:09 On one of those pictures we are talking about?

15:27:24 >> The Development Review Committee has reviewed the

15:27:27 application.

15:27:27 Finds it inconsistent with applicable City of Tampa

15:27:30 land development regulations.

15:27:33 Council, I did also provide a revision sheet.

15:27:36 Dated with today's date.

15:27:40 These are revisions that staff's requesting to be made

15:27:43 to the site plan in between first and second reading.

15:27:46 I would like to review some of the inconsistent

15:27:48 findings within the report.

15:27:49 On page two of the report under Land Development

15:27:52 Coordination, findings inconsistent.

15:27:56 Most of the revisions are related to minor




15:27:59 modifications to the site plans and notes are you

15:28:02 included.

15:28:03 The last bullet, Land Development Coordination is

15:28:06 related to solid waste a comments which are listed

15:28:08 within the staff report.

15:28:11 Vince is here with solid waste.

15:28:13 I'd like to give him an opportunity to speak to de