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Tampa City Council
Thursday, January 13, 2011
6:00 p.m. Session

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18:02:43 >>THOMAS SCOTT: The Tampa City Council come to order.

18:02:47 We will have roll call.

18:02:53 [Roll Call Taken]

18:02:55 >>THOMAS SCOTT: Let me read into the record.

18:02:59 I have a memorandum from Councilwoman Capin.

18:03:01 Due to a previously scheduled event, I will be arriving

18:03:05 late to our 6 p.m. meeting.

18:03:09 I understand Councilwoman Mulhern has a conflict and

18:03:11 will be arriving late as well.

18:03:17 I have not received a memo, but do you have a memo?

18:03:17 >> Yes.

18:03:21 >>JOSEPH P. CAETANO: Want me to put in a --

18:03:22 >>GWEN MILLER: Too late.

18:03:24 >>THOMAS SCOTT: We have also from Councilwoman Mary

18:03:28 Mulhern, due to a previously scheduled meeting, please

18:03:31 be advised that I will be late in arriving to this

18:03:33 evening's Council meeting.

18:03:36 Okay.

18:03:43 Okay, Council, my intent was to begin the meeting and

18:03:45 have Mr. Fletcher come before us because we don't have a

18:03:49 full Council to address the issue of the panhandling.

18:03:54 What I will do is wait until those other two Council

18:03:56 persons come and have Mr. Fletcher come.

18:03:59 I did have a meeting with him today relative to this

18:04:03 issue, and I think that we can have him come forward

18:04:06 later on this evening to bring us up to date and look at

18:04:11 maybe bringing that back to us maybe perhaps at our next

18:04:14 meeting but we will take that up at that time.

18:04:15 Okay.

18:04:20 All right, we will now have staff come and update us

18:04:24 with where we are with our agenda this evening.

18:04:28 >>ABBYE FEELEY: Good even, Council, Abbye Feeley, Land

18:04:28 Development Coordination.

18:04:31 On your agenda, all items are ready to move forward with

18:04:36 the exception of Item Number 2, which cannot be heard.

18:04:40 That is actually the second misnotice for that case

18:04:44 under Chapter 27 rules that case will be deemed

18:04:48 withdrawn and notification will be sent to the

18:04:48 petitioner.

18:04:51 >>THOMAS SCOTT: They can't bring that back then.

18:04:54 >> Can we have a motion to remove that from the agenda?

18:05:00 >>THOMAS SCOTT: All in favor signify by saying aye.

18:05:01 Opposed?

18:05:04 Everything else is accurate.

18:05:07 Have all the witnesses stand and to be sworn.

18:05:09 If you were going to be speaking tonight, please stand

18:05:12 and be sworn.

18:05:17 [Swearing In of Witnesses]

18:05:18 >> Mr. Chairman.

18:05:18 >>THOMAS SCOTT: Yes.

18:05:21 >> I ask that all written communication relative to

18:05:23 tonight's hearing which have been available for public

18:05:26 inspection in City Council's office be received and

18:05:28 filed into the record by motion.

18:05:28 >> So moved.

18:05:31 >>THOMAS SCOTT: Is there a second?

18:05:32 >> Second.

18:05:33 >>THOMAS SCOTT: Moved and seconded.

18:05:34 All in favor say aye.

18:05:35 Opposed.

18:05:39 >> A quick reminder if you have verbal communication

18:05:41 with a petitioner, his or her representative or member

18:05:44 of the public in connection with tonight's hearing,

18:05:47 please prior to action disclose the person or person or

18:05:49 entity of which that communication occurred and the

18:05:52 substance of that verbal communication and lastly, I am

18:05:54 putting a sign up there to remind you that you have to

18:05:55 be sworn.

18:05:58 And if you were going to be speaking, make sure you have

18:06:01 signed the sign-in sheet that is at the lectern outside

18:06:04 so the Clerk does have a record of your name on the

18:06:05 sign-in sheet.

18:06:07 Thank you.

18:06:10 >>ABBYE FEELEY: Good evening, Council, Abbye Feeley,

18:06:12 Land Development Coordination.

18:06:18 First item on your agenda is Z10-42 located at 2207 S.

18:06:19 Dale Mabry Highway.

18:06:22 The request for you this evening is from CG Commercial

18:06:27 general and RS-75 Residential Single Family to PD

18:06:29 Planned Development for restaurant with a drive-in

18:06:30 window.

18:06:34 There are two waivers being requested to reduce the

18:06:38 required queueing lane distance, separation from

18:06:40 residential from 50 feet to 35 and allow Commercial

18:06:43 traffic access to a local street.

18:06:49 This is the old Famous Tate's site on South Dale Mabry

18:06:53 highway.

18:06:57 >>CHARLIE MIRANDA: Famous Tate site.

18:06:59 >>TONY GARCIA: Good evening, members of Council, Tony

18:07:01 Garcia, Planning Commission staff.

18:07:02 I have been sworn in.

18:07:05 The first meeting of the new year -- first night meeting

18:07:08 of the new year.

18:07:12 Happy New Year to everyone and Council.

18:07:14 The first case is located in the South Tampa Planning

18:07:18 District which is one of your five planning districts.

18:07:21 Known as the district of stability and offers

18:07:23 opportunities for infill and your policies and

18:07:25 opportunities within the comprehensive plan to talk

18:07:27 about fostering compatible infill.

18:07:31 Let me go ahead and show you the Future Land Use Map

18:07:33 very quickly.

18:07:37 As you can see on the map, the subject site is outlined,

18:07:41 and this is located on South Dale Mabry, South of

18:07:41 Kennedy Boulevard.

18:07:45 It is the use immediately to the east over here is Plant

18:07:48 High School to give you a pretty good idea of where the

18:07:52 site is located at in is Community Mixed Use 35 a land

18:07:54 use predominant land use along Dale Mabry highway.

18:07:58 This is Palma Ceia west to the west of the site, which

18:08:01 is traditionally stable, large lot neighborhood.

18:08:05 The CMU-35 allows primarily General Commercial and

18:08:07 Neighborhood Commercial serving uses, which is really

18:08:12 the predominant character along this segment of South

18:08:12 Dale Mabry.

18:08:14 The request is for general Commercial use with the

18:08:17 allowance of a drive-thru.

18:08:19 The applicant will have to meet the appropriate

18:08:23 buffering and screening from any adjacent uses in

18:08:26 proximity to the site, the applicant has met all these

18:08:28 requirements according to the plan development which

18:08:30 they are applying for you this evening.

18:08:34 To give you a little bit more context and then will

18:08:36 conclude my -- my analysis of this particular case.

18:08:38 You can see the residential character directly to the

18:08:41 west, but you can also see if you do have this character

18:08:44 along the -- this segment of South Dale Mabry for

18:08:48 specialty retail, low-density office, and General

18:08:50 Commercial and Neighborhood Commercial serving uses.

18:08:52 Request is complementary and consistent with the

18:08:55 character along South Dale Mabry for General Commercial

18:08:56 uses.

18:08:59 Planning Commission staff found the proposed request

18:09:00 consistent with the comprehensive plan.

18:09:09 Thank you.

18:09:12 >>ABBYE FEELEY: Just to piggyback a little bit on what

18:09:13 Tony had just said.

18:09:16 This is Commercial General which would allow for the

18:09:16 restaurant.

18:09:20 It could have come in as a special use for the drive-in

18:09:23 window to go with the restaurant; however, the reason

18:09:26 for the PD this evening is for the access to the local

18:09:39 street which is San Rafael to the north -- San Nicholas.

18:09:45 I need to do my own aerials from now on.

18:09:49 So the request this evening at 207 South Dale Mabry is

18:09:52 to allow for the development of a restaurant with a

18:09:53 drive-in which we just discussed.

18:09:58 It will be a one-story 3233-square-foot building with

18:10:03 870-square-foot outdoor seating area and a drive-thru

18:10:03 lane.

18:10:06 The site is .7 acres and surrounded by Commercial uses

18:10:09 to the north, south and east and residential along San

18:10:10 Nicholas to the west.

18:10:14 The building setbacks are proposed at north 50 feet,

18:10:18 south 40 feet, west 60 feet, and east 55 feet.

18:10:23 Setbacks for the drive through include north 98 feet.

18:10:25 south 31 and west 35 feet.

18:10:29 The proposed request requires 27 parking spaces and 36

18:10:33 spaces are being provided which consistent of 34

18:10:36 standard spaces and 2 ada spaces.

18:10:50 The proposed type is 24 feet.

18:10:53 The site is shown here in green.

18:10:57 As Tony did show you, it does have a mixed land use.

18:11:00 That section you can see this better on the aerial -- on

18:11:05 the zoning atlas is actually an R-6 6 land use.

18:11:08 That part contains parking -- parking and buffering but

18:11:11 does not retain anything else related to the Commercial

18:11:11 use.

18:11:15 All elements of the Commercial use, building structure,

18:11:18 dumpster, et cetera have placed up in the front portion

18:11:23 which is the CMU portion and also the CG portion of the

18:11:28 site.

18:11:30 Please disregard the yellow box.

18:11:34 The site is actually down at the San Nicholas Dale Mabry

18:11:38 intersection.

18:11:40 Show you a couple of pictures.

18:11:44 This is looking South across San Nicholas at the

18:11:48 existing structure.

18:11:55 As Tony said, there is across from Plant High School,

18:11:56 another view looking south.

18:11:59 Looking north.

18:12:08 And across Plant, toward Plant, looking south and then

18:12:16 directly across the street -- directly east.

18:12:19 Council, there is one standing objection on this request

18:12:22 this evening, and that is the access to the local

18:12:22 street.

18:12:26 Transportation is finding that inconsistent.

18:12:29 Melanie Calloway is here to discuss that this evening.

18:12:33 There is a need for an in home on San Nicholas to allow

18:12:35 for the services of solid waste.

18:12:37 Ben Schrader was also here from Solid Waste this

18:12:40 evening, but the request before you is for full access

18:12:45 on to San Nicholas; therefore, you will see on Page 2 of

18:12:46 the report that transportation finds the request

18:12:50 consistent as it permits Commercial access on the local

18:12:53 street and requests that the plan does be revised so

18:12:57 that that would be an in home for the Solid Waste

18:12:58 servicing of the site.

18:13:03 The second bullet on Page 2 that discusses the sidewalks

18:13:06 that have been accommodated on the site plan so that

18:13:08 modification will not need to be made.

18:13:11 Staff is available for any questions.

18:13:15 >>THOMAS SCOTT: Any questions?

18:13:16 No questions?

18:13:25 Petitioner?

18:13:26 >> Good evening.

18:13:35 Alex Dunzer representing the applicant.

18:13:36 We have members of the neighborhood association as well

18:13:39 from Palma Ceia west.

18:13:41 I would like to make a couple of statements before hand.

18:13:45 We had a neighborhood meeting with Palma Ceia west and

18:13:48 invited the neighbors that live in that area.

18:13:51 There were essentially three general objections that the

18:13:53 neighborhood made.

18:13:58 The first revolved around traffic, and that was

18:14:03 described by Abbye as being a request for full access on

18:14:06 San Nicholas street, the second was relative to

18:14:06 lighting.

18:14:09 Some of the other businesses along -- along Dale Mabry

18:14:18 have older lighting structures and issues of light

18:14:19 pollution.

18:14:22 And the third was concerns with noise and concerns of a

18:14:26 drive-thru restaurant creating nice through the actual

18:14:28 drive-thru mechanism.

18:14:31 We investigated all three of these issues and would like

18:14:33 to address them just briefly.

18:14:37 As to traffic, the site was specifically designed to

18:14:42 minimize the amount of traffic impact onto San Nicholas

18:14:45 and our traffic engineer is here as well to answer

18:14:48 specific questions as to the impact; however, if you

18:14:52 look at your site plan -- I have a small version here --

18:15:08 you can see that the entrance -- thank you.

18:15:15 You can see coming off of Dale Mabry -- coming from Dale

18:15:21 Mabry entrance tonight site and into the drive-thru is

18:15:24 directed -- here is an entrance.

18:15:26 Here is where the cars begin to queue.

18:15:32 This is the drive-thru lane, and then they are --

18:15:36 roundabout the building and they are exited back on to

18:15:36 Dale Mabry.

18:15:39 So the site is actually designed to minimize the amount

18:15:42 of traffic that flows out on to San Nicholas from the

18:15:43 drive-thru.

18:15:45 That was the primary concern of the neighborhood in

18:15:50 terms of generating traffic onto San Nicholas.

18:15:52 As far as lighting is concerned, we have actually --

18:15:56 although not part of this rezoning application, we did

18:16:00 have a lighting engineer prepare a lighting plan and

18:16:04 shows there will be no light pollution on any of the

18:16:05 residential lots adjoining the property.

18:16:08 So it all would be contained within the site.

18:16:12 Finally, as to the noise generation from the drive-thru,

18:16:16 what we have investigated and contacted our vendors for

18:16:20 the actual drive-thru mechanism, the ordering mechanism.

18:16:24 It is a modern mechanism today where you place an order

18:16:27 and rather than have the order repeated to you by the

18:16:30 order taker, it is known in a digital display so that

18:16:33 you can verify he order yourself, which minimizes the

18:16:35 amount of conversation back and forth.

18:16:39 And so really the speaker itself will only be used if a

18:16:42 customer is ordering something has a question that can't

18:16:47 be answered by the display.

18:16:50 I would like to just make one more point with respect to

18:16:51 traffic.

18:16:53 I think there has been quite a bit of discussion about

18:16:57 the general characteristics of this neighborhood.

18:17:02 We have done a survey of the businesses between San

18:17:03 Carlos and Neptune.

18:17:07 San Carlos being the side street of which Steak 'n Shake

18:17:12 is located and that is a signalized intersection

18:17:17 allowing traffic from Plant High School cross Dale Mabry

18:17:19 all the way to Neptune.

18:17:22 And on the west side of the street, which is the same

18:17:25 side we are on, there are 37 businesses.

18:17:26 Eight of those are restaurants.

18:17:28 And each of those businesses have full access to the

18:17:30 side streets they are on.

18:17:34 This site in itself today has not only full access but

18:17:39 has unregulated access.

18:17:45 No curve on San Nicholas and allows for head-on parking

18:17:47 and complete access and the same is true for our

18:17:51 businesses located to the north on San Nicholas.

18:17:54 If you have any questions, I will be happy to answer

18:17:54 them.

18:17:57 Otherwise, there are some people from the neighborhood

18:17:59 that would like to speak.

18:18:02 >>THOMAS SCOTT: Councilman?

18:18:03 >>JOSEPH P. CAETANO: I have a number of questions.

18:18:06 I see -- how close --

18:18:09 >>GWEN MILLER: Your mic.

18:18:12 >>JOSEPH P. CAETANO: How close is the overhead canopy

18:18:14 in the back?

18:18:15 >> The overhead canopy?

18:18:18 >>JOSEPH P. CAETANO: You have an overhead canopy for

18:18:23 cars to park under.

18:18:26 >> I think if what you are referring to is -- is over

18:18:29 the drive-thru window, I believe?

18:18:32 >>JOSEPH P. CAETANO: No right there on the left side of

18:18:36 the -- says "overhead canopy."

18:18:42 A car underneath it in the drawing and it looks like it

18:18:46 is in a parking space.

18:18:49 >> If I may jump in, Abbye Feeley, Land Development,

18:18:52 that is actually the leader that points all the way

18:18:53 over.

18:18:54 It is over the menu board.

18:18:57 I guess like would you experience maybe at a

18:19:02 Chick-fil-A or something there and inclement weather if

18:19:04 you roll down your window it will cover your window but

18:19:08 the canopy is just that triangular piece right there.

18:19:10 >>JOSEPH P. CAETANO: Over the menu board?

18:19:11 >>ABBYE FEELEY: Yes.

18:19:14 There has to be clearance for Solid Waste truck to come

18:19:16 in so there is nothing that impedes them actually

18:19:18 traversing the property.

18:19:22 >>JOSEPH P. CAETANO: I have a couple more questions.

18:19:25 What hours is that going to be open?

18:19:29 >> Right now it is scheduled to be open for lunch and

18:19:32 dinner up to around 10 to 11 p.m. depending on the day

18:19:33 of the week.

18:19:40 10 p.m. on Sundays and 11 p.m. on weekdays.

18:19:42 >>JOSEPH P. CAETANO: A McDonald's or a sit-down

18:19:43 restaurant?

18:19:46 >> A quick service restaurant so more similar to a

18:19:47 McDonald's, yes.

18:19:49 >>JOSEPH P. CAETANO: How many employees do you expect

18:19:50 to have there?

18:19:56 >> Expect to have 52 employees.

18:19:56 >>JOSEPH P. CAETANO: Okay.

18:19:59 So the canopy will be over the menu board where the

18:20:01 people would place their order?

18:20:02 >> Yes, yes.

18:20:07 Thanks, Abbye for pointing that out.

18:20:11 That is to avoid for people being rained on and for the

18:20:14 menu board to be rained on.

18:20:17 >>THOMAS SCOTT: Any other questions?

18:20:18 >>CURTIS STOKES: Mr. Chairman, the back of the

18:20:21 structure, sir, how close is it to the nearest

18:20:27 residence?

18:20:30 >> The structure, I believe -- 35 feet?

18:20:41 We have a measurement.

18:20:45 >>CURTIS STOKES: Was it 35 feet?

18:20:47 >> 35 feet from the residential.

18:20:50 >>CURTIS STOKES: One of the waivers being offered.

18:20:52 >> The request for the waiver, but the drive through

18:20:56 will be 35 feet from -- the drive-thru will are 35 feet

18:20:58 from the residential lot to our west.

18:21:00 We have the support of the property owner which happens

18:21:07 to be the seller in this case.

18:21:10 It is owned.

18:21:12 >>THOMAS SCOTT: Okay.

18:21:13 Any other questions?

18:21:14 Okay, thank you, sir.

18:21:17 We will take public comment from the public at this

18:21:17 time.

18:21:20 Anyone wishing to be heard may come forward at this

18:21:20 time.

18:21:24 Anyone wish to address this issue, wish to be heard to

18:21:26 come forward.

18:21:29 >>THOMAS SCOTT: Our unemployment will go --

18:21:31 >>JOSEPH P. CAETANO: Our unemployment will go down 55

18:21:34 jobs, right?

18:21:37 >> I have been previously sworn in.

18:21:40 I am speaking on behalf of the few neighbors that live

18:21:43 on San Nicholas between Church and Dale Mabry.

18:21:45 >>THOMAS SCOTT: Yes, state your name and address for

18:21:46 the record.

18:21:50 >> Helene Miller, 3815 San Nicholas Street, the rezoning

18:21:54 from CG to PD have us concerned for multiple reasons.

18:21:58 Yes, we did have a meeting in November with SDQ and the

18:22:01 architects and they left a lot of things open.

18:22:08 Number one was the sound barrier between the final fence

18:22:11 versus a block fence, the water drainage from the

18:22:11 property.

18:22:14 Right now the drainage is all onto the street and

18:22:18 whenever it is raining, the streets are impossible.

18:22:21 The -- restricting traffic so it doesn't -- you know

18:22:25 people when -- we are concerned about the two-way

18:22:25 driveway.

18:22:28 The entrance on San Nicholas Street.

18:22:31 When -- right now they told us that the driveway on that

18:22:34 road was only for garbage trucks.

18:22:37 Well, if it is only for the garbage trucks, why not put

18:22:40 a gate like they do at McDonald's and unlock it when the

18:22:43 garbage trucks need access and lock it back.

18:22:47 But now they are wanting full, complete access, and if

18:22:49 they are wanting something like that, there needs to be

18:22:53 some kind of clam shell restriction device to where the

18:22:58 traffic cannot be going to and from the residential area

18:22:59 off of Church Street.

18:23:03 We all know that when you are heading northbound on Dale

18:23:07 Mabry, you are not going to take Dale Mabry and go left.

18:23:09 You are going to go to the back streets and on through

18:23:10 Church.

18:23:12 We all do it, and everybody else does it.

18:23:16 The streets cannot handle the added traffic.

18:23:21 Most people, you know, right now, the streets are not

18:23:22 maintained.

18:23:23 They are narrow.

18:23:27 There is potholes all over the place.

18:23:29 We can not -- and people are speeding right now along

18:23:31 that stretch of road.

18:23:32 Hours of operation.

18:23:36 During the meeting, they told us that it was only open

18:23:41 from 10 p.m. from Sunday through Thursday and only open

18:23:43 on 11:00 on Friday and Saturday.

18:23:47 Now I just hear him contradict himself and say Sunday

18:23:51 only until 10:00 and every other day it is until 11:00.

18:23:54 We -- they really need to restrict the hours of

18:23:56 operation and put in the deed restriction that the

18:23:59 drive-thru window should only be allowed to be open

18:24:04 during the business of hours of operation, so when this

18:24:08 concept restaurant, if it doesn't make it, you know, we

18:24:11 know how the economy is, we need that restriction so

18:24:16 that we don't have a McDonald's opening 24 hours or a

18:24:19 Steak 'n Shake and we have the problems in the

18:24:21 neighborhood.

18:24:22 Water drainage.

18:24:25 We have such problems right now when we have heavy rains

18:24:28 that you can not drive down the street.

18:24:33 I have got a picture right here that shows from my house

18:24:37 over to the restaurant, and it is very narrow, and we

18:24:39 have potholes and cracks all up and down the road.

18:24:44 Here is another one with -- almost at the driveway they

18:24:49 want with potholes all over the place.

18:24:50 There is no sidewalks.

18:24:52 We are worried about public safety.

18:24:55 With all these additional cars from -- from a drive-thru

18:24:57 restaurant.

18:24:58 I have children.

18:25:01 There are children that walk and ride their bikes to

18:25:04 Plant High School, Coleman and these narrow roads, there

18:25:06 is no public -- we are concerned about the public

18:25:07 safety.

18:25:08 Property values.

18:25:10 That is another one of our big concerns.

18:25:15 It this is not done the proper way, and we allow another

18:25:20 Steak 'n Shake in the neighborhood.

18:25:24 I am getting extra time from --

18:25:27 >>THOMAS SCOTT: No, ma'am, I don't think it works that

18:25:29 way.

18:25:33 Did they have someone sign the sheet?

18:25:34 >> They signed it there.

18:25:37 >>THOMAS SCOTT: We should have gotten that in advance.

18:25:39 Can we have that please?

18:25:42 >> The property values with this economy has went down

18:25:42 --

18:25:48 >>THOMAS SCOTT: One second, ma'am.

18:25:50 >> You are Karen --

18:25:53 >> I am Helene Miller.

18:25:58 >> This form is for Karen --

18:26:03 I don't have a speaker waiver form for you.

18:26:03 >> Okay.

18:26:05 They did have it.

18:26:08 But I will let her continue on with the property value

18:26:09 problems we have.

18:26:14 >>THOMAS SCOTT: Okay.

18:26:20 Anyone else?

18:26:22 Next speaker, anyone else?

18:26:24 >> Good evening, Councilmembers.

18:26:30 My name is Michael McNabb, 2404 South Clark Avenue,

18:26:31 Tampa, 33629.

18:26:34 I am here this evening representing as President of the

18:26:39 Palma Ceia -- the Palma Ceia West Neighborhood

18:26:42 Association in property is within the borders of our

18:26:44 association and our Board of Directors have met with the

18:26:48 developers of the SDQ restaurant already.

18:26:52 I talked to the neighbors on San Nicholas, the concern

18:26:57 has to due with noise, litter, parking lot, traffic,

18:27:01 buffer and the drive-thru.

18:27:05 I am there talk of the traffic issues as our board feels

18:27:09 it is the most important problem address not addressed

18:27:10 by the developer.

18:27:14 We believe those who order through the drive-thru or eat

18:27:18 in will turn left rather than right at Dale Mabry.

18:27:22 Not a traffic light at Dale Mabry and San Nicholas as

18:27:23 there is at Steak 'n Shake.

18:27:27 At lunch and dinner time hard to enter Dale Mabry, the

18:27:31 high volume and extended hours will generate many cars

18:27:33 and trucks that will cut through the residential

18:27:38 neighborhood to access Church Avenue, Lois Avenue and

18:27:42 Henderson Boulevard to go Dale Mabry south.

18:27:45 Other businesses along Dale Mabry have side entrances

18:27:48 but this restaurant is supposed to be a fast-food

18:27:51 restaurant near a business district and busy high school

18:27:54 and will be open at 11:00 at night.

18:27:56 We are requesting a traffic control meeting on the San

18:28:00 Nicholas traffic so exiting traffic will turn east to

18:28:01 Dale Mabry highway.

18:28:06 We understand the Solid Waste truck will have to access

18:28:09 for the dumpster, the Steak 'n Shake and Boston Market

18:28:13 restaurant both have traffic medians which the city

18:28:16 refers to as pork chops at the side street exits.

18:28:20 If the traffic issue is addressed and resolved, the

18:28:24 Palma Ceia Neighborhood Association board could support

18:28:25 the rezoning.

18:28:27 Thank you.

18:28:38 >>THOMAS SCOTT: Okay.

18:28:42 >> Good evening, Council, my name is Karen Aguero, and I

18:28:46 am a property owner at 3819 West San Nicholas Street.

18:28:47 I have been sworn in.

18:28:50 I did fill out the form to request more time.

18:28:53 It may be a little repetitive, so I will try keep it as

18:28:55 short as possible.

18:28:59 I share my neighbors' concerns in allowing a change in

18:29:02 zoning to permit a drive-thru restaurant on the corner

18:29:05 of San Nicholas and Dale Mabry with an exit not only on

18:29:10 Dale Mabry but an exit on San Nicholas.

18:29:14 Remember, the issue at hand right now is we are looking

18:29:20 at allowing Commercial traffic access to a residential

18:29:21 street.

18:29:23 That's what the issue is.

18:29:28 First and foremost, San Nicholas is residential.

18:29:31 We don't have the capacity to handle the additional

18:29:35 traffic that a drive-thru restaurant is going to bring.

18:29:37 As you have seen some of the photos, the cracked asphalt

18:29:41 and the pavement, we all know what the economy is like,

18:29:44 the city doesn't have extra money.

18:29:45 None of us do.

18:29:49 Adding the additional traffic to a residential street.

18:29:51 This street wasn't made for that.

18:29:54 The additional traffic is going to impact not only the

18:29:57 actual surface, but it is going to have an impact on the

18:30:00 residents with the additional noise, traffic, and the

18:30:03 safety of our children.

18:30:07 Please remember that the affects of -- of a zoning

18:30:11 change will stay with us.

18:30:16 So if PDQ -- and I hope they stay forever and it works

18:30:21 wonderful, but what if it doesn't?

18:30:23 Who follows in their footsteps?

18:30:26 This zoning change will be there.

18:30:28 Their hours they are providing us to sound somewhat

18:30:33 reasonable, but once again, what happens if they don't

18:30:35 stay with us?

18:30:39 This zoning change will.

18:30:43 We did have a meeting with them, and they were very

18:30:44 informative.

18:30:46 They followed up on what they said they would

18:30:48 investigate in June.

18:30:49 We are looking at a vinyl fence.

18:30:51 35 feet.

18:30:56 That may seem like forever, but when you are hearing

18:31:00 that order called out over and over again, 35 feet

18:31:02 becomes a very short distance.

18:31:03 A vinyl fence.

18:31:05 That is what is going to be the difference, and I

18:31:08 understand because of the trees and the greenery -- and

18:31:10 we all care about that, but that's the only I think that

18:31:12 can be put there.

18:31:16 But, again, I will go back to our issue of Commercial

18:31:21 traffic access to a residential street.

18:31:29 Captivate provided us with a traffic study that they

18:31:31 themselves have done and you have access to that as

18:31:32 well.

18:31:35 In their conclusion to the traffic study and if you

18:31:39 listen to few specific sentences, they stated that

18:31:41 movement at the intersection of Dale Mabry and San

18:31:47 Nicholas would experience delays and vehicles exiting

18:31:53 the site continue to Dale Mabry would experience delays.

18:31:56 We are still in the traffic study.

18:31:59 All movements on San Nicholas at the project's secondary

18:32:03 driveway would have minimal delay.

18:32:05 So I ask you.

18:32:09 You are going to a fast-food restaurant, and you have a

18:32:13 couple of choices, are you going to go --

18:32:15 >> Sorry to interrupt.

18:32:18 I was out confirming with a city attorney in is miss

18:32:22 ague RO.

18:32:22 >> Yes.

18:32:24 >> Do you wish additional time.

18:32:26 >> I do.

18:32:30 >> Mr. Chairman, I wasn't here to do that out front.

18:32:34 Robert Dorn, are you present?

18:32:38 Barbara Dorn and you haven't spoken, Doris White, Stella

18:32:40 Calderoni.

18:32:41 I see you there.

18:32:47 And Sebastian Calderoni.

18:32:49 Four additional minutes, is that what you are

18:32:50 requesting?

18:32:52 >> Yes, please.

18:32:56 I apologize but not to be repetitive but to go back in

18:32:59 their findings in their study, once again the only

18:33:05 entrance that is going to have minimal delay is San

18:33:06 Nicholas.

18:33:09 So which would you choose?

18:33:12 I am a safe driver.

18:33:15 It says so on my driver's license.

18:33:22 When I leave my house, if I am heading north on Dale

18:33:29 Mabry, I don't even -- even though I am a few houses

18:33:30 away, I go to church.

18:33:36 I head toward church, and make a right on Church, which

18:33:39 will eventually lead me to a light where I can access

18:33:39 Dale Mabry.

18:33:45 I think that is what everyone else is going to do too.

18:33:51 At a very minimum, we know it is going to impact our

18:33:52 street.

18:33:56 I am in real estate still.

18:33:58 And we all know what has happened to our property

18:34:01 values.

18:34:05 But having the impact of making this residential street

18:34:10 have Commercial traffic access, that's going to impact

18:34:13 our property as well.

18:34:18 At a very minimum, if you choose to approve this zoning,

18:34:23 I ask that you please consider requiring the exit on San

18:34:28 Nicholas to only allow right-hand turns and keep our

18:34:30 street and neighborhood safe.

18:34:38 I also ask you to remember this zoning, how lasting

18:34:40 impact it is going to stay with us.

18:34:45 Thank you very much.

18:34:46 >>THOMAS SCOTT: Next speaker.

18:34:48 Anyone else?

18:34:49 Okay.

18:34:51 Yes, ma'am.

18:34:54 >>ABBEY FEELEY: Chairman Scott, Abbye Feeley, Land

18:34:54 Development.

18:34:57 Julia just asked me to quickly go through what the

18:34:59 development rights on the property are today under the

18:35:03 CG so we can put into perspective what the PD is really

18:35:09 granting today, that -- or requesting today could not be

18:35:10 allowed under the CG.

18:35:15 The CG property, CG has a setback of 10 foot all the way

18:35:20 around, so they can build the building at 10 foot at

18:35:21 the CG portion.

18:35:23 They can build the restaurant today without the

18:35:27 drive-thru and without the access on to San Nicholas.

18:35:30 Really the two items before you today under this PD are

18:35:33 the drive-thru window which either could have come

18:35:38 before you as a special use or as a PD, and the reason

18:35:42 is before you as a PD is to get the full access on to

18:35:43 San Nicholas.

18:35:45 So I just wanted to be clear that a restaurant could be

18:35:49 built there today, and it could be built at far less

18:35:53 setbacks than what is being proposed, and that the

18:35:56 reasons for the request before you today are the full

18:36:00 access on San Nicholas and the drive-thru window.

18:36:01 Just to be clear on that.

18:36:06 The other things was that we wanted to clarify that no

18:36:09 traffic analysis was required as part of this submittal

18:36:10 to the city.

18:36:13 So anything related to that we couldn't comment on at

18:36:14 this time.

18:36:18 >>THOMAS SCOTT: So that -- they could build today this

18:36:21 restaurant -- so the neighborhood understands, they can

18:36:23 build today and build all the way to ten feet.

18:36:27 And secondly, another issue is the drive threw, they

18:36:31 would not be permitted a drive threw.

18:36:31 >>ABBYE FEELEY: Right.

18:36:37 Under CG, a drive-in is a Special Use II, which is how

18:36:40 this application was originally discussed with the

18:36:43 applicant was to come in as a special use II for the

18:36:44 window.

18:36:48 Because everything else could be built.

18:36:52 So the window would be a special use in the CG zoning

18:36:57 district.

18:37:00 The special use criteria for a window requires access to

18:37:04 a collector or arterial which Dale Mabry is, and they

18:37:06 will meet that special use criteria.

18:37:09 It also requires 50 feet from residential.

18:37:12 That is the one waiver before you tonight which is the

18:37:14 50 down to 35 feet.

18:37:16 The last thing would be the access here.

18:37:20 If this property were to go directly to construction

18:37:24 services and build the restaurant under the CG, this

18:37:26 access would not be allowed.

18:37:29 That's why they are here requesting that in front of

18:37:29 you.

18:37:33 It would be allowed as an in only for Solid Waste

18:37:36 purposes or if Solid Waste turned around and said we

18:37:39 have to exit and enter on San Nicholas for Solid Waste

18:37:41 purposes we would allow that access.

18:37:43 But other than that we would not.

18:37:46 I wanted to put those items where we are.

18:37:48 >>THOMAS SCOTT: Councilman Miranda.

18:37:50 >>CHARLIE MIRANDA: I understand and appreciate your

18:37:53 comments, but when asking for those two waivers, if the

18:37:57 difference between what can be built now and why they

18:38:01 are coming in under this particular zoning is because

18:38:04 they understand -- I assume they understand that that

18:38:09 drive-in window means about 25% of the gross sales, and,

18:38:13 therefore, why lose that without doing the other.

18:38:15 So they are not -- my opinion, they are not going to do

18:38:19 the other because 25% is a great amount of money or

18:38:20 more.

18:38:25 I mean, I am comparing this to Chick-fil-A and to the

18:38:30 good people across, Steak 'n Shake, and those windows

18:38:32 were always pretty well used.

18:38:34 I have used them myself, especially when I get the

18:38:40 coupons that goes with the Plant High basketball team.

18:38:43 You buy a $4 ticket, you get a free thing -- you have to

18:38:45 buy a big drink.

18:38:49 The big drink costs you as much as you pay for both of

18:38:49 them.

18:38:52 I understand the thing -- the lighting.

18:38:53 I think that can be solved.

18:38:59 The noise through the drive-thru -- had any drive-in

18:39:06 window, things with that, vinyl, plastic fence, there

18:39:09 are some different types of noise retention things that

18:39:10 could be used.

18:39:14 You got cars that are parked at an angle, and put some

18:39:17 type of styrofoam or something that will make the noise

18:39:20 bounce back, that could be mitigated to some degree, the

18:39:25 sticking point for me is the traffic, making a right

18:39:33 instead of just used for sanitation purposes and go back

18:39:37 and that will be minimal use.

18:39:43 But when off right turn out of San Nicholas to Church

18:39:47 and all the way to Henderson Boulevard or the one

18:39:51 before, Nicholas I think it is -- Neptune, I mean.

18:39:54 And a problem that I would imagine human nature would do

18:39:55 that.

18:39:57 So I don't know if they can address that and make

18:40:00 changes to that, but that's my main concern with the

18:40:00 project.

18:40:03 And you said traffic was here to make statements here

18:40:04 earlier.

18:40:09 >> Melanie Calloway is here.

18:40:11 >>CHARLIE MIRANDA: To make statements.

18:40:12 >> Thank you for mentioning the lighting.

18:40:15 No lighting on the Commercial will spill into the

18:40:15 residential.

18:40:18 That is code requirement, and it will be required to

18:40:21 comply with that at the time of permitting.

18:40:24 >>THOMAS SCOTT: Councilman Caetano.

18:40:26 >>JOSEPH P. CAETANO: Any discussion about a block wall

18:40:29 where that vinyl wall is?

18:40:31 >> The block wall is required by code.

18:40:34 They went through a design exception with the Zoning

18:40:36 Adminstrator and got the fence approved.

18:40:39 So right now there is an approval for the fence.

18:40:41 >>JOSEPH P. CAETANO: There is a vinyl fence there, but

18:40:44 that's going to go if they get their permit?

18:40:47 >> No, they requested that through an administrative

18:40:50 review with Catherine Coyle the administrator with a

18:40:52 separate process.

18:40:54 So they were approved to use the vinyl fence and

18:41:01 landscaping in lieu of the masonry wall.

18:41:04 Large tree species on that site and on your site plan, a

18:41:08 cluster 26-inch live oak.

18:41:10 You will see at all three points -- and we typically

18:41:15 don't allow for a concrete masonry wall.

18:41:17 You have to do a foundation, and it is for a greater

18:41:22 portion of -- of that.

18:41:25 The Northwest corner of the site, off large specimen

18:41:26 tree.

18:41:29 There are three large specimen trees here and another

18:41:31 large specimen here.

18:41:33 You only would have walls in some of those foundations,

18:41:37 but that was approved administratively prior to the

18:41:42 hearing.

18:41:46 >>THOMAS SCOTT: Councilwoman Capin and then Melanie to

18:41:48 come and make statements.

18:41:51 >>YVONNE CAPIN: Melanie is Transportation?

18:41:51 >>THOMAS SCOTT: Yes.

18:41:54 >>YVONNE CAPIN: That's what I was reading there,

18:41:54 transportation --

18:41:57 >>THOMAS SCOTT: You want to hear from her first?

18:41:59 >>YVONNE CAPIN: Yes, thank you.

18:42:08 >> Melanie Calloway, Transportation.

18:42:09 I have been sworn.

18:42:13 Let me mark on Abbye's drawing here.

18:42:17 The -- the minimal driveway you can have for this site

18:42:22 will be an entrance-only off of San Nicholas.

18:42:26 It would still give the petitioner the ability to enter

18:42:29 his site, but will not allow traffic to go back into the

18:42:30 neighborhood.

18:42:32 It would help Solid Waste to be able to accommodate what

18:42:40 they need also to service the site.

18:42:45 A 16-foot driveway as a left-in only is an option for

18:42:48 them help in would still like to access on that local

18:42:49 street.

18:42:53 So they -- today, if they were to go through

18:42:56 construction services and say they had -- they were able

18:42:59 to do this, they would be able to have that entrance

18:43:03 home left-in for Solid Waste and all vehicles, and this

18:43:07 would not allow the traffic to go back into the

18:43:09 neighborhood.

18:43:16 >> A left-in home from Dale Mabry?

18:43:21 >> Come in from Dale Mabry.

18:43:24 Come in make a right from Dale Mabry -- or a left.

18:43:25 Drive west.

18:43:30 And then make a left-in only into the drive.

18:43:31 >>CHARLIE MIRANDA: That is the shortest point to the

18:43:35 entrance to that location from Dale Mabry, correct?

18:43:38 Because -- my experience in the past has been that we do

18:43:41 these things with well intentions, the department and

18:43:43 the city and the neighborhood agrees, and then you have

18:43:47 the good folks that don't care.

18:43:53 And they will go over 8-inch, 10-inch concrete barrier

18:43:58 like Sherman went through Atlanta.

18:43:59 >> Yes.

18:44:02 >>CHARLIE MIRANDA: To put up -- they call them bats.

18:44:06 Look about this high and did it on spruce Street and

18:44:08 somebody has a glass of water too much and they run

18:44:11 right over the bats and destroy them.

18:44:13 So it is a very difficult thing to do.

18:44:15 >> Yes, yes, you are correct.

18:44:17 We can design it as a left in only.

18:44:20 We can raise it with a curb.

18:44:23 Most people would not do that maneuver; however, it

18:44:27 deters but do not prohibit the left back into the

18:44:27 neighborhood.

18:44:31 It does deter, but, of course, it does not prohibit that

18:44:32 movement.

18:44:38 If somebody wants to go over it, they can go over it.

18:44:40 >>YVONNE CAPIN: It is not advisable to go over it

18:44:43 because your car could get quite damaged going over one

18:44:44 of those.

18:44:47 >> I agree, I agree.

18:44:50 >>YVONNE CAPIN: Thank you.

18:44:50 >> You are welcome.

18:44:53 >>THOMAS SCOTT: Any other questions by Council?

18:44:53 Okay.

18:44:54 We have rebuttal.

18:44:57 Five minutes.

18:44:58 Petitioner?

18:45:01 >> Yes, thank you.

18:45:05 I think there is a couple of things that -- to point

18:45:06 out.

18:45:08 But there are a couple of things that were brought up,

18:45:11 and I will address those quickly because I think that

18:45:14 they were perhaps inaccurate.

18:45:17 As far as the drainage concern.

18:45:42 Of course this property is currently -- you see here is

18:45:47 existing and proposed building footprint.

18:45:51 What it results in is 61% reduction in the actual

18:45:53 footprint of the building.

18:45:58 We also are planning on increasing green space by 80%.

18:46:03 So as far as drainage is concerned and the impact on the

18:46:05 neighborhood, currently I think it is certainly a

18:46:08 positive impact.

18:46:14 Our goal, however have to work with the neighborhood and

18:46:15 find a solution.

18:46:18 The noise -- we looked into various possibilities for

18:46:21 the fence and including I think it was mentioned a

18:46:25 styrofoam buffer or something of that nature.

18:46:28 We are not opposed to do a block wall if what the

18:46:31 neighborhood would like a block wall.

18:46:33 We have been told that will not increase the noise

18:46:34 buffer.

18:46:36 We have retained the ability to do landscaping on the

18:46:38 left side of the wall.

18:46:41 We have obtained an easement along that side to do

18:46:45 additional landscaping off-site that will be a better

18:46:46 buffer of noise.

18:46:50 I think the key issue is traffic.

18:46:54 And currently the property is under contract with the

18:46:59 requirement that we are able to -- that we are able to

18:47:02 have access on to San Nicholas.

18:47:05 The project simply isn't feasible unless we have some

18:47:07 egress access on to San Nicholas.

18:47:13 I would like to point out, it was referenced a few times

18:47:14 we were talking about Commercial traffic continue to San

18:47:16 Nicholas.

18:47:18 Commercial traffic is allowed on San Nicholas at the

18:47:21 existing use and at the use across the street.

18:47:24 As I pointed out before, there are seven restaurants and

18:47:27 28 businesses that have traffic access on to the

18:47:28 residential streets.

18:47:31 Our goal, however have not to argue that point.

18:47:35 We are prepared to work with staff further to see if we

18:47:40 can't develop a right out only that will direct all

18:47:46 traffic toward Dale Mabry and allow for the entrance of

18:47:50 Solid Waste into the site from the left.

18:47:53 And that could be achieved, although we don't have a

18:47:56 final design that staff has seen, that could be achieved

18:48:01 by developing a pork chop or some sort of an obstruction

18:48:04 that would prevent people or certainly discourage people

18:48:05 from taking a left.

18:48:08 It is true that people can drive over curbs, but

18:48:12 certainly that is the best that we can do certainly to

18:48:15 create an obstruction that will avoid that.

18:48:19 Also, with respect to the comments that weren't actually

18:48:22 raised today but in all fairness was raised by the

18:48:23 neighborhood -- the neighborhood association is that

18:48:27 people might turn from San Nicholas into the site and

18:48:31 directly attempt to get into the drive-thru lane.

18:48:35 So, be there, circumventing our design of having people

18:48:37 come off Dale Mabry if they want to get in the

18:48:38 drive-thru lane.

18:48:42 and in order to address that, we have proposed -- and

18:48:45 difficult to see here -- but we have proposed some

18:48:48 flexible barriers that would -- would be lane dividers

18:48:51 so that people wouldn't be able to actually enter the

18:48:54 drive threw from the San Nicholas entrance, but they

18:49:00 would have to come from the east side building.

18:49:03 Fringe -- I have just a very brief conversation with

18:49:07 some of the neighbors this evening, and I think that

18:49:11 there is general support for the concept of a right out

18:49:16 only versus -- versus a full access left out and right

18:49:24 out.

18:49:26 And I think the final note, there was one question

18:49:32 relative to the jobs created by this particular project.

18:49:35 And I think it is worth noting what is there today

18:49:39 versus what we propose, the current site as you know is

18:49:43 the former Famous Tate site is vacant so no employees.

18:49:47 We anticipate having a total of 52 employees engaged in

18:49:49 this business.

18:49:52 Obviously no sales tax revenue from the site today.

18:49:55 We anticipate significant sales tax revenue.

18:50:00 And the existing tax base is just over $1 million.

18:50:02 We estimate that will be roughly $2 million after this

18:50:03 site is completed.

18:50:08 And the cost of the site itself, the demolition and

18:50:11 construction are estimated at about $1.2 million.

18:50:20 That is direct influx of money into the City of Tampa.

18:50:31 >>CHARLIE MIRANDA: Let me ask you this.

18:50:38 Sales tax, 7% -- 1 40,000 would be --

18:50:40 >> 2 million a year.

18:50:45 >> Just by comparison --

18:50:47 >>CHARLIE MIRANDA: Or $6,000 a day.

18:50:50 >> Your math is perhaps better than mine, but the

18:50:54 average Chick-fil-A does $2.3 million to $2.4 million a

18:50:54 year.

18:51:02 It is slightly less than that.

18:51:04 >>THOMAS SCOTT: Any other questions?

18:51:10 Yes, Councilwoman Capin and Councilman Caetano.

18:51:17 >>YVONNE CAPIN: Melanie Calloway.

18:51:23 I live real near the CVS on Henderson and San Rafael and

18:51:29 has a median in the street, and you can tell a lot of

18:51:34 cars have been damaged there, but it has done a lot to

18:51:39 stop the traffic from going back into the neighborhood.

18:51:42 What about that?

18:51:46 >> Melanie Calloway, transportation.

18:51:53 That really famous median that really started this whole

18:51:53 code.

18:51:55 There is a long story.

18:51:56 We did provide that in that location.

18:51:59 The only problem we can't do that in this location

18:52:02 because Solid Waste needs the entire street to maneuver.

18:52:04 We can channelize the driveway.

18:52:06 I believe that petitioner has two options.

18:52:12 He can either channel it as a left in only, 16 feet wide

18:52:15 as a left in only for all traffic.

18:52:16 And curb.

18:52:20 Or second option is to have a curbed channelized

18:52:25 driveway 22 feet wide for two-way traffic, left in,

18:52:26 right out.

18:52:32 That is the minimum that we need for Solid Waste to

18:52:33 accommodate.

18:52:36 But 22 feet is the widest that driveway can be, because

18:52:42 I -- any wider than, it makes it easy to maneuver around

18:52:44 the curb channelized driveway.

18:52:48 That is what I recommend, one of those two options.

18:52:49 >>YVONNE CAPIN: Thank you.

18:52:52 >>THOMAS SCOTT: Councilman Caetano.

18:52:55 >>JOSEPH P. CAETANO: So San Nicholas would be strictly

18:53:00 for the trash truck to come in, correct?

18:53:01 >> You have two options.

18:53:03 You have a left in only.

18:53:05 >>JOSEPH P. CAETANO: Coming in.

18:53:06 >> Right.

18:53:07 >>JOSEPH P. CAETANO: Or a right coming out.

18:53:10 >> You can have it one way, just left in only.

18:53:14 For all the traffic just left in only.

18:53:16 Or a left in right out.

18:53:19 Channelize s it right back to Dale Mabry.

18:53:20 You can channelize it.

18:53:22 >> Come in on the left.

18:53:25 Make a left and leave with a right.

18:53:25 >> That's correct.

18:53:27 >>JOSEPH P. CAETANO: You can have a sign for a

18:53:28 left-hand turn.

18:53:30 >> They can sign it and also raised curbing.

18:53:33 Again will deter people from making that but will not

18:53:36 eliminate people from doing it because they can violate

18:53:36 a sign at a curb.

18:53:41 It is not recommended, but it is possible if you try.

18:53:44 Most people would not, some will.

18:53:46 So just take that into consideration.

18:53:48 >>JOSEPH P. CAETANO: I know I just had a McDonald's

18:53:49 near me --

18:53:53 >> This will be open to -- the left in and the left in

18:53:54 right out is for all traffic.

18:53:57 But that is the minimum we need to accommodate Solid

18:53:57 Waste.

18:54:01 But will accommodate all traffic, left in, right out or

18:54:02 just left in.

18:54:05 >>JOSEPH P. CAETANO: As far as the noise, the

18:54:07 McDonald's near me is in a Commercial district.

18:54:11 They just went to two drive-in windows.

18:54:14 So there are two spots where they order and they order

18:54:18 verbally over the intercom system, and they both go to

18:54:20 the one window to pick up.

18:54:22 And it is not noisy.

18:54:25 And this place does $4 million a year.

18:54:31 And I know there is fear, but I look at the economy.

18:54:34 These restaurants are busier than some of your finer

18:54:35 restaurants.

18:54:38 You go to McDonald's, and you see family there is

18:54:41 eating, and that's what is going to happen here, and I

18:54:44 am looking at 55 jobs.

18:54:45 That's a lot.

18:54:49 And I am sure that residents could work with the owners

18:54:51 of this place if there are problems.

18:54:54 That is my opinion.

18:54:56 >>CHARLIE MIRANDA: I never knew there was a finer

18:54:58 restaurant than McDonald's.

18:54:59 [Laughter]

18:55:02 >>JOSEPH P. CAETANO: Especially if you have a coupon.

18:55:07 >>THOMAS SCOTT: Any other question by Council?

18:55:10 >>CHARLIE MIRANDA: You know I try to read body

18:55:12 language.

18:55:15 And I am not the greatest at that time, but I don't

18:55:17 think the neighborhood is totally against this.

18:55:19 I think they are apprehensive about the traffic.

18:55:20 That's what I see.

18:55:24 That is what I sense from here.

18:55:30 I think the -- what is it left out only.

18:55:32 >>JOSEPH P. CAETANO: Right out.

18:55:33 >>CHARLIE MIRANDA: Right out.

18:55:35 That is what happens when you are a right-hander.

18:55:39 Right out.

18:55:44 And I think it would be acceptable, but if we can come

18:55:47 to some agreement on what we can do for more protection,

18:55:49 because I have seen these things and, yeah, Corvette is

18:55:52 not going to go over that because there won't be a

18:55:55 Corvette at the other end, but nowadays more people

18:56:04 drive these higher SUVs, 250s and 150s, high-rise things

18:56:06 and they can go over anything.

18:56:09 And they can do that with some type of higher,

18:56:13 protective paddles or I don't know what you call them.

18:56:16 I wouldn't be opposed to it because I think that would

18:56:19 add protection that the neighborhood needs.

18:56:23 The wall, although I haven't seen a wall that has a

18:56:26 combination of both, I think the petitioner said there

18:56:31 were not opposed to putting a solid brick wall, and

18:56:35 maybe want circumference of the root of the trees that

18:56:37 could have the vinyl there.

18:56:39 And it would satisfy, I think, both parties.

18:56:40 That is just my suggestion.

18:56:44 It doesn't even in everyone has got to agree to that,

18:56:47 but I think if we have a nice decorative wall and then a

18:56:50 vinyl to protect the tree roots, it would be certainly

18:56:54 much more eye pleasing.

18:56:57 >>THOMAS SCOTT: Well, I guess my question is does the

18:56:59 petitioner want to continue to work those details out

18:57:02 with the neighborhood so that there is a clear

18:57:02 understanding.

18:57:05 My only apprehension at this point is many times we try

18:57:08 to do these things on the cuff, and they are not quite

18:57:11 clear.

18:57:14 So do you want to continue this to work with the

18:57:27 neighborhood to work out the specifics on that?

18:57:29 >>ABBYE FEELEY: Abbye Feeley, Land Development.

18:57:32 I will let the petitioner speak, but sounds like they do

18:57:34 want the full access.

18:57:37 They -- if we can channelize it to have the left in

18:57:40 right out and have it channelized and signed, that we

18:57:43 can make that modification in between first and second

18:57:44 reading.

18:57:47 Grown that will mean the most to the neighborhood or

18:57:50 what the pleasure of Council is, but as Melanie stated

18:57:53 those two options, the left in, channelized, or the left

18:57:55 in, right out channelized.

18:57:56 It would look --

18:58:00 >>THOMAS SCOTT: I am reading body language too, and I

18:58:01 am seeing, no.

18:58:02 Heads are shaking no.

18:58:10 So that's why I am suggesting maybe a continuance or at

18:58:13 least that would give the petitioner a little more time

18:58:16 unless they think they can -- excuse me one second.

18:58:18 Thank you.

18:58:20 Perhaps if they want to meet with them for a few minutes

18:58:24 outside, we can bring this back a little later.

18:58:26 The only other option at this point, if they are willing

18:58:26 to do that.

18:58:29 If they are willing to do that.

18:58:32 >> If the neighborhood is, we are certainly willing to

18:58:33 do that.

18:58:35 >>THOMAS SCOTT: Can we have a spokesperson for the

18:58:37 neighborhood that can come forward and speak on the

18:58:38 record?

18:58:43 Come speak on the record, please.

18:58:46 >>CHARLIE MIRANDA: We have a room back here that you

18:58:46 can sit at.

18:58:48 The rent is not too high.

18:58:52 >> I don't know, we are all trying to generate revenue.

18:58:55 Again, I am Sharon.

18:58:57 I have been sworn in and I will be hope that meet and

18:58:59 try to come up with an answer.

18:59:00 I have a question.

18:59:03 Am I allowed to ask the question?

18:59:06 In one of the solutions that we are looking at, we are

18:59:11 discussing putting in the pork chop or the median that

18:59:14 directs the traffic.

18:59:18 And I think that would be their responsibility to put

18:59:21 that in their plan, correct?

18:59:21 Okay.

18:59:25 So what happens five years from now?

18:59:27 What happens ten years from now?

18:59:29 What happens three years from now when a different

18:59:32 business comes in.

18:59:36 Is that median or direction part of the zoning or -- you

18:59:39 know, can that go away when this business goes?

18:59:42 And I think that is a question we all have.

18:59:44 >>ABBYE FEELEY: Abbye Feeley, Land Development

18:59:44 Coordination.

18:59:48 What is before us tonight is a site plan-controlled

18:59:49 zoning.

18:59:51 This lifts every other regulation and this site plan

18:59:55 then becomes the governing regulation nor property.

18:59:57 If it shows a pork chop --

19:00:00 >> It is a pork chop.

19:00:02 >> There better be pork on the property.

19:00:05 So you guys would like to discuss outside for a couple

19:00:06 of minutes.

19:00:14 >> Sure.

19:00:16 >>THOMAS SCOTT: So what we will do, we need to make a

19:00:18 motion to continue this.

19:00:23 >> Do it by unanimous consent to hold it.

19:00:26 >>THOMAS SCOTT: Want to make sure we are legally

19:00:27 correct.

19:00:29 If you can go out and discuss it and come back.

19:00:34 The next case, item 3.

19:00:36 >> The hearings open this evening, were they actually --

19:00:38 there was no motion?

19:00:43 Mr. Chairman, I just want to so the record is clear move

19:00:44 to open the public hearings.

19:00:47 >>GWEN MILLER: Move to open the public hearings.

19:00:48 >>THOMAS SCOTT: is there a second?

19:00:53 Moved and seconded, all those in favor signify by saying

19:00:54 aye.

19:00:56 Opposed.

19:00:57 Item 3.

19:01:01 >>ABBYE FEELEY: Item 3, Council, Land Development.

19:01:09 Item 3 on your agenda is z 10-25 located at 2612 north

19:01:13 Tampa street, the request is from a RM-16 multifamily

19:01:17 zoning district to PD, planned development for retail

19:01:19 convenience goods and shopper goods and business

19:01:25 professional office.

19:01:30 There are two waivers associated with your request this

19:01:31 evening.

19:01:35 Someone to reduce the vehicle usage buffer along Euclid

19:01:38 from 8 feet to 5 feet, and the second is to reduce the

19:01:48 required parking from 38 spaces to 15 spaces.

19:01:51 >>TONY GARCIA: Good evening, members of Council, once

19:01:53 again, Tony Garcia, Planning Commission staff.

19:01:58 I have been sworn in.

19:02:02 I would like to convey to you a few pertinent facts as

19:02:03 it relates to the comprehensive plan.

19:02:06 The first thing that this particular site is located

19:02:10 within the central planning district on your vision map

19:02:11 for the comprehensive plan.

19:02:14 This is one of the areas that offers one of the greatest

19:02:17 amounts of potential opportunity for economic

19:02:19 development and growth and job opportunity in the City

19:02:22 of Tampa.

19:02:25 Zooming down a little more specifically, I want to show

19:02:28 you the subject site that we are looking at this

19:02:28 evening.

19:02:31 This project has gone a -- through a little bit of an

19:02:33 evolution, so bear with me on my math.

19:02:37 I am showing two parcels here -- actually these are two

19:02:38 parcels here.

19:02:39 They have been eliminated.

19:02:41 They were part of the original project but they are not

19:02:43 anymore.

19:02:45 We are talking about this brown piece of property over

19:02:47 here there are particular square in is located in the

19:02:48 Tampa heights area.

19:02:51 This is located on the Northwest corner of the

19:02:54 intersection of Columbus Drive and Tampa Street.

19:02:57 The old Jefferson High School used to be over here many,

19:03:00 many years ago.

19:03:03 So there is -- as far as your land use categories, there

19:03:05 is community Commercial 35 which allowing Commercial

19:03:07 intensive uses and general Commercial uses.

19:03:11 This is CMU-35 which allowing general Commercial uses

19:03:15 and R-20 which allows considering of low density

19:03:18 neighborhood Commercial serving uses and higher

19:03:20 intensity residential types of uses.

19:03:23 The request before you this evening is for a PD that

19:03:26 will allow a mixture of uses that are nonresidential in

19:03:30 nature on a site which currently houses one of the

19:03:32 locations for -- for the veterans.

19:03:36 And this is going to continue to operate in some

19:03:38 capacity for the veterans in addition to, I believe,

19:03:41 some ancillary uses supporting retail uses that will

19:03:44 help generate some additional revenue for -- for the

19:03:47 veterans for this particular site.

19:03:50 The request is going to be similar -- complementary as

19:03:53 far as the new design they are going to put here will be

19:03:56 an asset to the Tampa Heights area, the design also will

19:04:00 be consistent as far as scale and character to the

19:04:03 existing surrounding built environment.

19:04:05 Planning Commission staff found the proposed request

19:04:07 consistent with the comprehensive plan.

19:04:12 Thank you.

19:04:15 >>ABBYE FEELEY: Abbye Feeley, Land Development.

19:04:20 As Tony has mentioned, this is located in the Tampa

19:04:21 Heights area.

19:04:24 The request before you tonight is for a two-story,

19:04:27 10,545-square-foot Commercial building, including

19:04:31 business professional office and two types of retail,

19:04:34 convenience goods and shopper goods, the proposed

19:04:36 building is oriented to north Tampa Street with the

19:04:41 access off of Euclid and parking toward the rear of the

19:04:46 lot, the PD setbacks proposed at 5 on all sides for --

19:04:49 at 0 on all sides for maximum development.

19:04:51 It is not set back at 0 of all sides.

19:04:53 It is 0 feet on the north and east.

19:04:55 2.4 feet on the south.

19:04:57 And approximately 40 feet on the west.

19:05:02 The proposed development requires 38 spaces and 15 are

19:05:02 being provided.

19:05:05 A waiver is being requested for the deficiency.

19:05:08 Elevations have been provided and show the proposed

19:05:12 building with a Mediterranean revival-style

19:05:12 architecture.

19:05:15 Let me go ahead and show you where we are.

19:05:18 Also, Council, just to let you know, I did provide with

19:05:25 you a letter dated December 10 from the Tampa Heights

19:05:32 Civic Association in support of the project.

19:05:34 The property known green.

19:05:38 Euclid to the north, Tampa to the east, Highlands a

19:05:43 little bit further over to the west, and Columbus is the

19:05:45 next street to the south.

19:05:47 There is a small alley that you will see in the pictures

19:05:50 is unimproved that is located along the south.

19:05:53 We did do iterations of this project that had access off

19:05:54 of that alley.

19:05:56 D.O.T. would not allow for that.

19:06:00 They -- because of the queueing for Columbus, so that

19:06:04 access has been removed and you will see on your plan

19:06:07 today there is full access off of Euclid.

19:06:16 Here is an aerial of the site.

19:06:21 Some pictures of the site, the existing building that is

19:06:30 on there today in is from Euclid looking south.

19:06:33 There is a chain-link fence there and then the building

19:06:34 is there.

19:06:42 This is from Tampa street looking west on Euclid.

19:06:46 This is the alley on the south, shows an unimproved

19:06:47 alley.

19:06:56 This is the northeast corner of Euclid and Tampa street.

19:06:58 This is the alley on the left.

19:07:03 This is south of the property at the corner of Columbus

19:07:10 and Tampa, the southeast corner.

19:07:19 And east across Tampa street.

19:07:22 That couple of modifications that are needed for the

19:07:25 site plan between first and second reading, the first is

19:07:27 the waiver for the parking which was omitted.

19:07:32 The second is the parking table needs to be adjusted

19:07:35 right now is including some off-street spaces and those

19:07:40 can't be counted and we need to go ahead and get that

19:07:43 revised and the rendering on the second page of the site

19:07:46 plan show that access off the alley that was no longer

19:07:47 there.

19:07:52 Would like to see those things get revised and second,

19:07:57 transportation does find the parking request to be

19:07:58 excessive.

19:07:59 There are some parking reduction.

19:08:02 The petitioner I think will speak to some alternatives

19:08:06 to parking that they are looking into for this project.

19:08:08 With those modifications in between first and second

19:08:11 readings, staff would find it consistent.

19:08:13 I have provided you with a revision sheet dated today

19:08:17 that outlines those items that do need to be modified in

19:08:18 between first and second reading.

19:08:20 I have discussed those with the petitioner and believe

19:08:22 they are amenable to those as well.

19:08:25 Staff is available for any questions.

19:08:30 >>THOMAS SCOTT: Petitioner?

19:08:32 >> Good evening, Mr. Chairman and Councilmembers.

19:08:37 I am Patricia Ramos are an architectural and engineering

19:08:43 firm located at 2285 in Brandon, Florida.

19:08:47 My partner gil Ramos who will be assisting me tonight.

19:08:48 We have been sworn in.

19:08:51 We have been privileged to be selected by the marine

19:08:53 corp league.

19:08:55 I am here tonight to present this project and a series

19:08:57 of additional exhibits to review with you.

19:08:59 I would like to hand them out now.

19:09:01 This information is included in the public record, but

19:09:05 the formatting has been adjusted for clarity.

19:09:09 It is our incident that this project be a significant

19:09:10 contribution to the community.

19:09:12 As the project designer and architect, I will be

19:09:16 presenting the details of the project; however, the

19:09:21 marine corps league have representatives who can nil any

19:09:23 information that I leave out canned assist in answering

19:09:24 your questions.

19:09:27 The zoning request before you tonight is the rezoning of

19:09:32 the property 2612 north Tampa street, RM-16 to a PD with

19:09:33 restrictive uses.

19:09:37 Retail sales convenience goods, shoppers good, office,

19:09:42 business, professional for the marine corps league and

19:09:45 other organizations and including space for --

19:09:48 >>THOMAS SCOTT: Anyone here in opposition to this

19:09:48 application?

19:09:52 Anyone here in opposition to this application?

19:09:53 I don't see opposition.

19:09:56 You received a question from the Tampa Heights.

19:09:59 They only had issue relative to residential in is not a

19:10:00 residential.

19:10:02 So just speak to that please.

19:10:03 >> Yes.

19:10:07 We removed the residential component and the

19:10:11 neighborhood seemed satisfied with that.

19:10:12 >>THOMAS SCOTT: Okay --

19:10:14 >> And wrote a letter of approval for us.

19:10:16 >>THOMAS SCOTT: So it is related to a Commercial

19:10:19 development as outlined in the petition.

19:10:20 >> Yes.

19:10:22 >>THOMAS SCOTT: Do you agree to all of the revisions as

19:10:23 required by staff?

19:10:24 >> Yes, sir.

19:10:26 >>THOMAS SCOTT: So you all agree to that.

19:10:27 Council.

19:10:28 What is your pleasure.

19:10:30 I don't see anyone else -- unless you all have

19:10:36 questions.

19:10:37 Do you have a question?

19:10:45 >>YVONNE CAPIN: Miss Feeley, you -- you alluded to --

19:10:46 with the parking.

19:10:53 And that the petitioner had some alternative or

19:10:57 suggestion for different --

19:10:59 >>ABBYE FEELEY: Yes, Abbye Feeley, Land Development.

19:11:02 I will let miss Ramos speak to that.

19:11:04 Let me explain from our perspective, zoning perspective.

19:11:07 There is always an opportunity for applicants to work

19:11:09 with neighboring properties to get additional parking;

19:11:14 however, because sometimes those agreements ten years

19:11:17 from now go away, we always put the waiver on the plan

19:11:21 down to what they have on-site so they are never in

19:11:24 violation in and of themselves, and they have to have

19:11:26 that agreement in order to operate.

19:11:29 So we do acknowledge that waiver of what they actually

19:11:33 do have, and then it is for them to work with neighbors

19:11:36 properties or property owners in order to get some

19:11:45 additional off-site parking.

19:11:49 >> In the last few days the Marine Corps league have

19:11:54 contracted with the site adjacent.

19:11:56 Can we go to the picture.

19:12:01 This is -- this is the adjacent site at 106 west Euclid

19:12:04 Street, Avenue.

19:12:07 And they have entered into a contract to purchase the

19:12:10 property for using the existing building during

19:12:13 construction as their temporary offices.

19:12:19 And then providing parking to make up the deficiency.

19:12:36 I have a conceptual parking plan.

19:12:38 >>THOMAS SCOTT: You need to turn it around 180 degrees.

19:12:53 Thank you.

19:12:56 >> This is the additional parking that we see here and

19:13:02 can accommodate a minimum of 10 compact spaces that

19:13:05 raises our parking count to 25.

19:13:06 >>YVONNE CAPIN: Thank you.

19:13:10 >>THOMAS SCOTT: Any other questions.

19:13:12 >>CURTIS STOKES: I want to make a motion that we move

19:13:12 the item.

19:13:14 >>THOMAS SCOTT: Motion to close.

19:13:16 >>GWEN MILLER: Second.

19:13:18 >>THOMAS SCOTT: Moved and seconded.

19:13:22 All in favor signify by saying aye.

19:13:25 Councilman Stokes.

19:13:25 >>.

19:13:27 >>CURTIS STOKES: thank you, sir.

19:13:29 Mr. Chairman, an ordinance rezoning property in the

19:13:34 general vicinity of 2612 north Tampa street particularly

19:13:38 described in section one from zoning district RM-16

19:13:41 residential multifamily to PD planned development

19:13:44 retail, convenience goods and shopper goods and office

19:13:48 business professional providing an effective date.

19:13:49 >>THOMAS SCOTT: And included in that motion would be

19:13:52 all of the revisions as outlined by staff.

19:13:54 Revisions and conditions.

19:13:57 Is there a second.

19:13:59 You made a motion.

19:14:01 >>YVONNE CAPIN: I will second it.

19:14:05 >>THOMAS SCOTT: Those in favor signify by saying aye.

19:14:07 Opposed?

19:14:09 >> Motion carried with Caetano, Miller and Mulhern being

19:14:11 absent at vote.

19:14:21 Second adoption reading at February 3 at 9:30 A.M.

19:14:29 >>THOMAS SCOTT: Item 4.

19:14:35 >>ABBYE FEELEY: Item 4, Council, Abbye Feeley, Land

19:14:39 Development, z 10-44 located at 3710 W. Azeele Street,

19:14:43 the request is PD planned development institutional and

19:14:46 administrative to PD planned development office, medical

19:14:52 and CN uses.

19:14:59 Not sure where Mr. Garcia -- not sure where Mr. Garcia

19:14:59 is.

19:15:00 >>THOMAS SCOTT: Keep moving.

19:15:03 >>ABBYE FEELEY: I wanted to note real quickly that this

19:15:08 piece of property was actually part of a PD that was

19:15:10 originally approved in 1984.

19:15:16 It was a four-lot PD that went from Sterling west with

19:15:18 the exception of one piece of property which was

19:15:24 adjacent to Dale Mabry on that side.

19:15:28 So what is before you tonight is some modifications to

19:15:31 that PD which exceeds what we can approve

19:15:33 administratively.

19:15:34 That is where we are tonight.

19:15:37 There are a couple of waivers with that.

19:15:40 Is to allow a reduction in the east buffering for the

19:15:43 office use from 3 feet to 2 feet.

19:15:46 The second is to allow reduction in the sign setback

19:15:49 from 5 feet to 1 feet for the existing sign.

19:15:53 The third is to allow a reduction in the south buffer

19:15:56 abutting single family residential from 16 feet to 7

19:16:01 feet and to allow the six-foot-high wood fence to remain

19:16:04 lieu of the required masonry wall.

19:16:07 And the last is to reduce the required number of parking

19:16:16 spaces from 17 to 14.

19:16:19 >>TONY GARCIA: Good evening, members of Council, Tony

19:16:20 Garcia once again.

19:16:21 Planning Commission staff.

19:16:22 I have been sworn.

19:16:25 Just a couple of points as it relates to the

19:16:25 comprehensive plan.

19:16:28 This site is also located within the central planning

19:16:33 district for the City of Tampa.

19:16:35 As far as some context.

19:16:39 The site is located just east of Dale Mabry in between

19:16:43 Dale Mabry and sterling, Azeele to the north and Horatio

19:16:46 to the south.

19:16:50 You are several blocks off of Kennedy Boulevard.

19:16:54 Here is an aerial to give you an idea of the

19:16:56 perspective, all the general Commercial uses along this

19:16:58 particular segment of Dale Mabry.

19:17:02 Once again the community mixed use 35 allows general

19:17:04 Commercial neighborhood Commercial serving uses and low

19:17:05 density office.

19:17:12 Azeele Street, as well as some portions of flats in some

19:17:16 segments do have this category of residential 20, which

19:17:19 does allow the consideration of low intensity

19:17:23 professional office types of uses.

19:17:26 What you have here is something that is going to be

19:17:28 complimentary and consistent with that development along

19:17:30 Azeele Street.

19:17:32 That is a request of the applicant, and Planning

19:17:35 Commission staff finds the proposed request consistent

19:17:37 and furthers the intent from comprehensive plan.

19:17:45 Thank you.

19:17:47 -- intent of the comprehensive plan.

19:17:47 Thank you.

19:17:49 >>ABBYE FEELEY: Okay, Council.

19:17:52 I just want to show you this real quick.

19:18:03 This was the original PD.

19:18:03 The four blocks.

19:18:04 The four parcels.

19:18:06 We will show you which one we are on.

19:18:09 Zoned back in '84 for a PD.

19:18:17 It was built.

19:18:19 Here we are with the third lot.

19:18:21 You can see all the PD that is show there and at the end

19:18:22 of the street.

19:18:28 This PD is Pizza Hut.

19:18:31 Dale Mabry to the west, Sterling to the east and Horatio

19:18:40 to the south and Azeele to the north.

19:18:48 The picture of the subject property.

19:18:54 There is a personal services, hair salon to the east

19:18:55 there.

19:18:58 The intersection of Dale Mabry and Azeele, the Pizza Hut

19:19:01 I just referred to, these are the structures along the

19:19:02 north side.

19:19:06 Also mix of uses.

19:19:09 This is also on the north side.

19:19:11 This is also the north side.

19:19:12 Another business.

19:19:17 And then as I showed you, the salon and there is the

19:19:27 attorney's office and accountant's office on the other

19:19:28 side.

19:19:32 The existing building was built under the PD on the

19:19:34 property today.

19:19:39 It is 2097 square feet and 25 feet in height.

19:19:43 It is seeking to add alternative uses, alternative site

19:19:47 circulation apply additional parking on the rear of the

19:19:49 building and seeking to increase the size of the

19:19:54 existing retention pond, the .37-acre site is located

19:19:57 east of Dale Mabry as stated and the segment of Azeele

19:19:59 that has business professional office, professional

19:20:02 services and residential in that area.

19:20:08 The PD setbacks, 53 feet south, 44 feet south, 49 feet

19:20:11 west and 15 feet east, the required parking for the

19:20:15 building at its highest intensity of the uses that it is

19:20:18 requesting is 17 spaces, and a total of 14 spaces are

19:20:20 being provided.

19:20:23 A waiver is being requested for the three spaces that

19:20:24 they are short.

19:20:27 No structural modifications are being requested for this

19:20:28 building.

19:20:31 It really is the circulation and the parking to the

19:20:31 south.

19:20:34 Photos of the existing structure have been provided as

19:20:35 elevations.

19:20:39 As I previously mentioned, it was zoned in '85 as an

19:20:39 office.

19:20:43 Currently seeking all cn uses which include personal

19:20:44 services.

19:20:48 That is 17 spaces would be the personal services

19:20:51 intensity.

19:20:54 There are a couple of site plan modifications.

19:20:58 The first is that the percentage of compact spaces are

19:21:01 actually measured under the number of spaces required,

19:21:06 so they just need to remove the waiver.

19:21:09 It is not shown on my staff report because I removed it

19:21:13 already, but on the site plan, it shows that they need a

19:21:15 waiver for the percentage of compact.

19:21:16 They don't.

19:21:19 The calculation was done incorrectly, and the second is

19:21:23 to ask them to combine waivers 3 and 6 on their site

19:21:26 plan to be one waiver as both items are related.

19:21:29 We have a waiver of 22 square feet of green space which

19:21:33 is very minimal in comparison to some of these requests

19:21:37 that we do.

19:21:39 Second comments from tree and landscape.

19:21:42 They need to relabel one of their trees and they also

19:21:45 need to make a visual depiction change on the site plan.

19:21:49 I have provided that on the revision sheet as well.

19:21:52 And lastly, transportation is asking that a label be

19:21:55 removed from their southern parking spaces labelling

19:22:02 them as 8x16 when they actually measure a different

19:22:02 directions.

19:22:07 These modifications are technical in nature and if made

19:22:10 during first and second reading staff would find the

19:22:11 request consistent.

19:22:17 Thank you.

19:22:20 >>GWEN MILLER: Go ahead, petitioner.

19:22:24 >> Good evening, Councilmembers, David Fixar.

19:22:28 representing the Applicant Linda Dollar and I have been

19:22:29 sworn in.

19:22:32 I read the staff report and agree with the changes made

19:22:33 by staff.

19:22:36 I think Miss Feeley has done really good job presenting

19:22:37 the case.

19:22:39 A couple of minor things I would like to add.

19:22:41 There is an existing structure.

19:22:44 It was renovated three or four years ago.

19:22:45 It was a house used for Commercial purposes over the

19:22:47 years.

19:22:50 Went through really nice renovations in the interior and

19:22:53 exterior three or four years ago.

19:22:56 It is currently occupied for Commercial uses and the

19:22:59 owner wants to make sure that he has a clear

19:23:00 understanding --

19:23:02 >>GWEN MILLER: Can I stop you, sir.

19:23:02 Anyone opposition?

19:23:07 Anyone would like to speak on this item?

19:23:08 Motion to close.

19:23:09 >>CHARLIE MIRANDA: Move to close.

19:23:11 >>GWEN MILLER: Motion and second to close.

19:23:13 All in favor of the motion please say aye.

19:23:15 Opposed, nay.

19:23:17 >>CHARLIE MIRANDA: Thank you, Madam Chairman, move an

19:23:23 ordinance rezoning property in general vicinity of 3710

19:23:29 W. Azeele Street and administrative, office medical and

19:23:32 -- and CN use providing an effective date.

19:23:36 Also that the items that were discussed, 3 and 6 are

19:23:44 combined, and the -- the compact deal as provided by

19:23:46 miss Feeley were all entered into the record.

19:23:48 >>GWEN MILLER: A motion and a second.

19:23:49 All in favor say aye.

19:23:50 Opposed nay.

19:24:02 We will go back to number one -- second reading adoption

19:24:12 will be at February 39:30 mill go back to item 1.

19:24:16 >>ABBYE FEELEY: Yes, ma'am, whatever is the pleasure of

19:24:16 Council.

19:24:19 >>JULIA COLE: Julia Cole.

19:24:21 I had an opportunity to discuss with the applicant and

19:24:23 neighbors out discussing the matter and I understand

19:24:26 they are agreeing to a request -- a continuance until

19:24:28 February 10.

19:24:30 >>GWEN MILLER: Can I get a motion.

19:24:32 >>CHARLIE MIRANDA: Move to continue to February 10 the

19:24:35 year 2011 --

19:24:36 >> If we can --

19:24:38 >>CHARLIE MIRANDA: Put it on the record.

19:24:40 >> On behalf the petitioner, I would like to request a

19:24:41 continuance.

19:24:45 >>CHARLIE MIRANDA: February 10 is what I heard.

19:24:50 >>GWEN MILLER: February 10, 6 p.m. all in favor say

19:24:51 aye.

19:24:52 Opposed, nay.

19:25:11 Now item number 5.

19:25:17 >>ABBYE FEELEY: Next item on your agenda, z 10-45,

19:25:24 Abbye Feeley, Land Development, 908 west Horatio

19:25:25 street.

19:25:28 From PD to office business professional, school and

19:25:29 related uses.

19:25:33 Much like the case we just did, there was a PD done on

19:25:38 this property also back in the '80s.

19:25:40 No, '90s.

19:25:43 Originally z-9560.

19:25:46 It was also a multiparcel PD.

19:25:49 This is seeking to rezone just a piece of that just like

19:25:50 we just did.

19:25:54 There was previous waiver allowed for Chapter 13 to

19:26:00 reduce the vehicle use area buffer from 8 feet to 2.5

19:26:00 feet.

19:26:03 There are two new waivers being requested, to reduce the

19:26:08 required buffer on the east from 10 feet to 7 feet, and

19:26:12 to reduce it from 10 feet to 0 feet on the east to

19:26:14 accommodate the air conditioning unit.

19:26:17 When we now changed this use from an office, adjacent to

19:26:22 an office, and going to a school use adjacent to an

19:26:25 office when the 10-foot buffer kicks in and the two new

19:26:27 waivers and really related to the existing condition of

19:26:30 where the building is currently sitting and the air

19:26:31 conditioning unit.

19:26:35 Mr. Garcia?

19:26:37 >>TONY GARCIA: Thank you, Miss Feeley.

19:26:39 Tony Garcia, Planning Commission staff.

19:26:45 I have been sworn in.

19:26:47 Well, folks, this is the third in the row.

19:26:49 In the central planning district.

19:26:53 Three for three as far as the location of the project we

19:26:54 are looking at this evening.

19:26:56 So you know the central -- the central planning district

19:26:59 offers the most opportunity for growth and job

19:27:00 potential.

19:27:05 You can see over here, this is located in the historic

19:27:08 Hyde Park area just outside of the west of the urban

19:27:12 core.

19:27:16 There is Gorrie Elementary and the site we are looking

19:27:19 at is right here on Horatio Street.

19:27:23 Miss Feeley told you briefly modification for the site

19:27:27 that will allow uses that will be complementary to

19:27:32 support, not necessarily gorrie specifically.

19:27:35 This school also owns and you will probably be familiar

19:27:40 with, we Ps on these parcels over here.

19:27:44 One for a mixed use project and the other one went

19:27:47 subsequently to the parking lot which was the intent for

19:27:51 additional overflow parking for the elementary school

19:27:53 and for the staff there.

19:27:57 The land uses over here are fairly -- fairly high in

19:28:00 residential -- potential residential 35.

19:28:02 This was residential 50.

19:28:06 This area really historically character wide.

19:28:07 There is not a lot of residential here.

19:28:09 If there is relation here.

19:28:11 It is pretty high in density but really what you have

19:28:14 here is a lot of professional office uses and some

19:28:15 Constitutional uses.

19:28:21 That very nice ALF built to the north of Gorrie

19:28:23 elementary that will be complimentary and served.

19:28:27 The population very nicely, the CMU-35 alongside to the

19:28:30 north which is representative characteristically of a

19:28:34 lot of professional office uses along Platt.

19:28:36 And, of course, boulevard has a lot of medical office

19:28:38 uses as well as professional office uses along the

19:28:42 street of Horatio, DeLeon.

19:28:45 That is characteristically what you will see over here,

19:28:48 the use is not going to be any more intense within that

19:28:50 is going to be proposed by the school district is really

19:28:52 going to be managing it.

19:28:54 Planning Commission staff, based on what it found over

19:28:56 here will find it consistent with the comprehensive plan

19:29:02 as the uses are complimentary and furthers the uses of

19:29:08 the comprehensive plan.

19:29:14 >>ABBYE FEELEY: As Tony said, Abbye Feeley, Land

19:29:15 Development Coordination.

19:29:17 We were here not too long ago in '09 for the piece just

19:29:19 to the south of where we are.

19:29:22 And that was purchased by the school board to do a

19:29:26 parking lot to accommodate both Gorrie, Wilson.

19:29:30 The one other piece of that same subject block.

19:29:31 Horatio to the north.

19:29:36 Edison to the west, boulevard to the east and DeLeon to

19:29:41 the south.

19:29:44 There is a mix of zoning district in the area, a lot of

19:29:49 PDs along boulevard.

19:29:57 The use right to the east of the property is Meridian

19:29:58 research.

19:30:00 Many of you may be familiar with that.

19:30:13 Here is the subject property from Horatio looking south.

19:30:18 And Edison looking back toward boulevard.

19:30:25 Along Horatio to the north, looking west on Horatio.

19:30:29 This is the vacant property that is approved for the

19:30:32 parking lot.

19:30:35 This was exciting, horizon bay.

19:30:35 A beautiful building.

19:30:38 We rezoned this together three and a half to four years

19:30:45 ago.

19:30:46 For town homes and became the independent living

19:30:50 facility.

19:30:54 The request before you Council is two scenarios, one

19:30:56 would be to keep the existing building that's there and

19:30:58 allow for it either to continue as business professional

19:31:02 office or for administrative offices for the school

19:31:06 board to occupy for classroom space, the other option is

19:31:08 removing that building and being a parking lot or

19:31:10 connecting into the parking lot that has been approved

19:31:12 to the south.

19:31:19 Those modifications that are not shown on your site plan

19:31:23 which is the parking lot scenario will come back for

19:31:25 determination to make sure it is consistent with all the

19:31:29 provisions that are before you tonight.

19:31:30 Staff did find the request before you consistent, and if

19:31:34 you look on pages 2, 3 and 4 of the site plan, you can

19:31:37 see our analysis of the PD criteria and we are available

19:31:38 for any questions.

19:31:41 >>THOMAS SCOTT: Any questions by Council?

19:31:44 Petitioner?

19:31:47 >> Gina Grimes with the law firm of Hill, Ward and

19:31:48 Henderson.

19:31:51 101 East Kennedy boulevard --

19:31:53 >>THOMAS SCOTT: Anyone near opposition to this petition

19:31:54 tonight?

19:31:56 Anyone here in opposition to this petition?

19:31:59 What is the pleasure of Council.

19:32:00 >>JOSEPH P. CAETANO: Can we use that little building

19:32:09 for a legal office?

19:32:11 >> I think our -- with the binder that is going into the

19:32:13 record, that it pretty much covers all of the evidence

19:32:17 that we needed to put on.

19:32:19 I think compared to the last public hearing on the

19:32:25 parking lot to the south the fact that we don't have

19:32:28 anyone in opposition means quite a bit in this

19:32:28 neighborhood.

19:32:30 Unless you want us to give a presentation.

19:32:32 >>CHARLIE MIRANDA: I don't have any questions.

19:32:34 Thing is part of the bigger picture that we had two or

19:32:36 three years ago that ties everything together and gives

19:32:38 them an option of what they want to do with their

19:32:41 property, and if there is no opposition, and I don't see

19:32:43 any, I move to close.

19:32:44 >> Second.

19:32:45 >>THOMAS SCOTT: Moved and seconded.

19:32:49 All in favor by signifying by saying aye.

19:32:53 Councilman Caetano, do you want to read it?

19:32:56 >>JOSEPH P. CAETANO: I will read it.

19:32:59 >> Rezoning property in the general vicinity of 908 west

19:33:02 Horatio street in the City of Tampa, Florida, more

19:33:04 particularly described in section one.

19:33:05 >>GWEN MILLER: Second.

19:33:06 >>JOSEPH P. CAETANO: From zoning district

19:33:10 classification, planned development office, business

19:33:13 professional, PD planned development office, business

19:33:18 professional and related uses provide an effective date.

19:33:19 >>THOMAS SCOTT: Moved and seconded.

19:33:22 Seconded by Councilwoman Capin.

19:33:24 All in favor signify by saying aye.

19:33:25 Opposed?

19:33:27 >> Motion carries unanimously.

19:33:30 Second reading adoption will be on February 3 at 9:30

19:33:31 A.M.

19:33:34 >>THOMAS SCOTT: Thank you, miss Grimes, good

19:33:37 presentation.

19:33:43 Item 6.

19:33:45 >>ABBYE FEELEY: Abbye Feeley, Land Development

19:33:46 Coordination.

19:33:51 Item number 6 on your edge that evening is located -- z

19:33:56 10-46 located at 3010 west DeLeon avenue and the

19:34:01 request tonight is from RM, residential multifamily 24

19:34:04 to PD planned development, office business professional.

19:34:08 There are no waivers being requested with this PD this

19:34:13 evening.

19:34:25 I think right now that's it.

19:34:27 >>TONY GARCIA: Good evening, once again, Tony Garcia,

19:34:28 Planning Commission staff.

19:34:30 I have been sworn.

19:34:32 We are on a roll.

19:34:36 This is number four in the central planning district.

19:34:39 Something nor planning thing as far as trying to direct

19:34:42 growth to where it needs to be in is a good thing.

19:34:47 So what we have here is located in the central planning

19:34:49 district.

19:34:56 It is located a little bit more specifically -- if I can

19:34:59 find where my pen went and I will use this pen to

19:35:03 improvise.

19:35:05 This property is located south of Kennedy Boulevard and

19:35:08 located just east of MacDill right before you get to

19:35:11 Swann, there is Parkland Estates.

19:35:17 That's what this yellow is, residential 6 on the map.

19:35:21 Memorial to the east, and this is community mixed-use 35

19:35:23 which again is representative of the character there

19:35:25 that is going to be low density office or neighborhood

19:35:28 Commercial or general Commercial types of uses.

19:35:33 This is all Residential 35 or Residential 20.

19:35:36 And then what we have is a community Commercial 35 right

19:35:37 here.

19:35:40 The uses surrounding this -- this is an urban mixed use

19:35:43 60 which is really put here to recognize this is where

19:35:47 the towers are for the ALF.

19:35:51 A 10-story ALF across the street for this site.

19:35:55 The uses around this area are pretty eclectic because

19:35:57 you have some office uses here and some medical office

19:35:59 uses scattered around.

19:36:01 You have this community Commercial which goes back far

19:36:02 over here.

19:36:05 And then you have this real intense urban mixed use 60

19:36:09 category and a lot of office uses in the area.

19:36:13 It is more reflective if I were to show you the -- the

19:36:16 aerial.

19:36:20 So you can see there is this hodgepodge of uses.

19:36:22 Here is all this parking here for these medical offices

19:36:23 here.

19:36:26 Here is memorial over here and an office building over

19:36:28 there that has been there for quite a period of time.

19:36:31 And you have this little enclave over here, residential

19:36:36 enclave to the south of the site that is along Swann.

19:36:40 More Commercial uses and there are town homes over here.

19:36:42 And what we have -- here is an office use.

19:36:45 And this used to be a day-care center and now what we

19:36:49 are going to want to try to do is try to modify this for

19:36:51 use that is not going to be any more intensive as far as

19:36:54 the intensity of the surrounding uses that are there

19:36:59 from either a density aspect or intensity aspect.

19:37:03 What will be there is complimentary to the uses.

19:37:06 According to the comprehensive plan just so you know,

19:37:09 this site has to be able to meet locational criteria and

19:37:12 one of the technical issues we look at and reviewing the

19:37:15 site which means it has got to be within 250 feet of a

19:37:16 collector road.

19:37:19 The closest collector road is MacDill.

19:37:21 This happens to be 50 feet short of that.

19:37:23 So technically it doesn't meet locational criteria, but

19:37:26 the way the comprehensive plan works is we use

19:37:30 locational criteria as a barometer, but we also have to

19:37:32 look at overall and planning something overall

19:37:33 consistent and inconsistent.

19:37:36 We have to look at -- what the character is of the

19:37:38 surrounding area to you and in the existing built

19:37:39 environment.

19:37:42 You have a lot of larger offices in this area, larger

19:37:45 structures, more intense uses, particularly like a

19:37:48 hospital use which is one of the most intensive uses

19:37:51 that you have within the residential area.

19:37:55 Most of the residential uses within the surrounding area

19:37:59 are of a much higher intensity in is little bit of a

19:38:01 departure what you have here to the south, but this does

19:38:06 have a very good buffer from -- what the proposed use is

19:38:09 going to be over here, and the proposed use as miss

19:38:12 Feeley will go into depth on as far as it is going to

19:38:14 function is really not going to be something that will

19:38:17 necessarily pose any kind of adverse impacts to those

19:38:20 residential uses to the south, which is really the only

19:38:25 I think that you really have to be a little bit, I would

19:38:27 think, cautious about, but when you think of how the

19:38:31 site plan is and how the proposed use is going to

19:38:34 function, I think it is -- from a comprehensive plan

19:38:37 aspect, we don't see any adverse impacts that are going

19:38:40 to be opposed to those surrounding residential uses.

19:38:43 So overall on its face, even though it doesn't meet

19:38:46 locational criteria, we found it consistent with the

19:38:48 comprehensive plan because it does further the uses that

19:38:52 are there and it is complementary and the uses

19:38:55 surrounding it based on what the proposed uses are going

19:38:57 to be, the surrounding uses are more intense than what

19:38:59 we are proposing to put on the site.

19:39:00 Thank you.

19:39:07 >>THOMAS SCOTT: Thank you, sir.

19:39:10 >>ABBYE FEELEY: Abbye Feeley, Land Development.

19:39:12 I misspoke on the request.

19:39:16 It is for an RO not a PD which is residential office.

19:39:18 That is -- and it is for office business professional.

19:39:21 So I want to clear that up.

19:39:24 Just for the purposes of the record, I just wanted to

19:39:29 let you know that the ordinance that I submitted goes -

19:39:32 that case going from RM-24 to PD.

19:39:35 That needs to be changed to RO.

19:39:41 I will go ahead if Council's pleasure is to substitute

19:39:44 with the Clerk with the correct title and then we will

19:39:46 fix it in the morning.

19:39:47 >>ABBYE FEELEY: Sorry.

19:39:50 The request before you tonight change from RM

19:39:53 Multifamily Residential to RO, Residential Office or

19:39:55 Business Professional Office, the use that was currently

19:40:00 on the property is a day school or preschool property.

19:40:03 It is not currently been used as residential.

19:40:06 There are no waivers being requested with this

19:40:06 application.

19:40:10 They are proposing to rezone to construct the

19:40:12 6,000-square-foot two-story office building.

19:40:18 The site contains 38,389 acres.

19:40:23 The 389 square feet, .88 of an acre and located one

19:40:24 block west of memorial.

19:40:27 The proposed PD setbacks are as follows.

19:40:34 North 25 feet, east 55 feet, south 95 feet, and west 55

19:40:35 feet.

19:40:37 I want to show they are substantial setbacks.

19:40:39 The buildings are being placed predominantly in the

19:40:40 center of the property.

19:40:44 A total of 33 parking spaces are required and 33 are

19:40:47 being provided.

19:40:51 There are a few minor modifications so let me go ahead

19:40:55 and show you photos of the site where we are.

19:40:58 I know Tony went over this, this is a site shown here in

19:41:05 green, DeLeon to the north, Swann to the south, Gomez to

19:41:13 the east and MacDill to the west.

19:41:26 And you can see some of the mix of uses on the aerial.

19:41:28 This is the subject property.

19:41:31 You will see on your site plan too there are several

19:41:35 large specimen trees, the site is heavily wooded with a

19:41:37 lot of trees.

19:41:40 It was hard to kind of get some views.

19:41:42 There is a picture a little further back.

19:41:44 The building is in there and the way the sun was hitting

19:41:50 this to the north of the property in is to the east.

19:41:53 This is also looking north.

19:42:02 And this is north.

19:42:03 The towers.

19:42:06 There are a couple outstanding issues with the site

19:42:07 plan.

19:42:10 They are predominantly related to tree and landscape

19:42:13 items that you will see on your revision sheet.

19:42:17 There is also a need for stormwater note to be added and

19:42:21 lastly, I just needed them to change their parking

19:42:23 counts.

19:42:25 They have -- the current table shows that there are no

19:42:30 compact spaces and there are actually 15 compact spaces

19:42:36 that need to be provided or shown in that table.

19:42:37 Lastly, you will see the comments from park and

19:42:39 recreation.

19:42:42 In my staff report, I did discuss this with Kathy Beck.

19:42:46 An off-site grand tree 44.5 inches that needs to be

19:42:47 accommodated.

19:42:49 Right now it is not being measured off of the edge of

19:42:50 the trunk.

19:42:53 It was measured from the center, I just need that

19:42:56 measurement to be adjusted and once they get past the 15

19:42:59 feet, they can have 5 foot of pervious and wants this

19:43:03 reflected as well and I want to get that on the record.

19:43:05 Other than these technical modifications that can be

19:43:08 accomplished between first and second readings, staff

19:43:10 would find the request consistent, and we are available

19:43:12 should we have any questions.

19:43:15 >>THOMAS SCOTT: Any questions by Council?

19:43:18 Petitioner?

19:43:21 >> Good evening, Mr. Chairman, members of the Council.

19:43:22 My name is John Grandoff.

19:43:26 Suite 3700 Bank of America plaza, and I have the

19:43:36 pleasure of representing my friend ca RO le and Steve

19:43:37 Jenkins and their son.

19:43:40 Also joined by our architect of Lord prepared the site

19:43:42 plan that is before you this evening.

19:43:46 As indicated by miss Feeley and by Mr. Garcia, there are

19:43:47 no waivers required.

19:43:52 The project is consistent with all requirements.

19:43:56 The -- the changes Abbye -- that miss Feeley has

19:43:58 requested are acceptable to us and can be formed between

19:44:00 first and second reading.

19:44:02 I have three letters of support that I would like to

19:44:03 file.

19:44:07 One from Cliff Myers of Palma Ceia, store across the

19:44:07 street.

19:44:14 Another from -- excuse me, Jeff Italio rear on Swann and

19:44:20 MacDill and a doctor whose solves behind the property.

19:44:22 >>THOMAS SCOTT: Anyone -- anyone opposition to this

19:44:23 petition?

19:44:24 Anyone here in opposition?

19:44:26 >>CHARLIE MIRANDA: Move to close.

19:44:27 >>JOSEPH P. CAETANO: Second.

19:44:28 >>THOMAS SCOTT: All right.

19:44:29 Moved and seconded.

19:44:31 In all favor signify by saying aye.

19:44:35 You want to read it -- Councilwoman Mulhern.

19:44:38 >> That has a change on it, on the ordinance.

19:44:40 >>THOMAS SCOTT: Has a change -- mentioned about --

19:44:42 >>MARY MULHERN: The substitute.

19:44:45 >>THOMAS SCOTT: The substitute for the RO.

19:44:46 Okay.

19:44:50 >>MARY MULHERN: I move an ordinance --

19:44:52 >>CHARLIE MIRANDA: Second.

19:44:53 >>MARY MULHERN: Oh, I see.

19:44:55 Sorry.

19:45:00 Rezoning property in the general vicinity of 3010 West

19:45:03 DeLeon Avenue in the City of Tampa, Florida and more

19:45:05 particularly described in section one from zoning

19:45:09 district classification RM-24 Residential Multifamily to

19:45:13 Residential Office -- Office Business Professional

19:45:16 providing an effective date.

19:45:18 >>THOMAS SCOTT: Second.

19:45:19 Is there a second?

19:45:20 >>CHARLIE MIRANDA: Second.

19:45:22 >>MARY MULHERN: With the changes between first and

19:45:25 second reading that Abbye Feeley mentioned.

19:45:27 >>THOMAS SCOTT: As outlined by staff.

19:45:29 Moved and seconded.

19:45:30 All in favor say aye.

19:45:31 Opposed.

19:45:34 >> Motion carried with Caetano -- sorry, motion carried

19:45:36 unanimously.

19:45:39 Second readding in adoption February 3 at 9:30 A.M.

19:45:40 >>THOMAS SCOTT: Okay.

19:45:41 Thank you.

19:45:45 Item 7.

19:45:48 >> Council, Item 7 on your agenda this evening is z

19:45:50 10-40.

19:45:51 In the same little area of the city all night.

19:45:56 This is located from 2908 W. Azeele Street and 408 S.

19:45:57 Gomez Avenue.

19:45:59 Again, as I mentioned to you in one of the other cases

19:46:05 tonight, this property was previously rezoned to a PD

19:46:11 back in '96, and building was constructed there.

19:46:14 The request this evening is seeking to build an

19:46:16 expansion for the building, as well as some additional

19:46:17 parking.

19:46:21 The request before you is PD Planned Development,

19:46:25 medical office and RM-24 residential multifamily to PD

19:46:28 planned development medical office.

19:46:30 There are several waivers.

19:46:33 This case was continued from last month so that we could

19:46:36 work out some of these waivers and really get the best

19:46:38 design on the property.

19:46:41 I feel that we have done that and went back.

19:46:44 Solid Waste, transportation, tree and landscape, and got

19:46:47 to this point.

19:46:51 The waivers are vehicle use area buffer, along Gomez

19:46:56 from 8 foot to 0 foot, to reduce the Eastern landscape

19:47:01 buffer from 15 feet to the 6-foot masonry wall to 5 foot

19:47:04 with a masonry wall to reduce the southern landscape

19:47:09 buffer from 15 feet to 6 feet with a masonry wall with a

19:47:11 6-foot masonry wall.

19:47:14 Reduce the parking from 6 per thousand to 5 per thousand

19:47:17 which is a 19% reduction and to allow for the placement

19:47:21 of Solid Waste dumpster within the required 15-foot

19:47:21 buffer.

19:47:25 As you will see on your site plan, there are several

19:47:29 large specimen trees on the site in the 25 and 26 inches

19:47:32 and even a grand that has been preserved.

19:47:35 So some of that and the layout of the site is really

19:47:38 driven by the existing tree canopy of that area.

19:47:40 I can discuss that a little bit more in just a moment.

19:47:51 Thank you.

19:47:53 >>TONY GARCIA: Tony Garcia, Planning Commission staff.

19:47:55 I have been sworn.

19:47:58 Last case for the night.

19:48:03 But you are not done yet, I don't believe, right?

19:48:07 Whatever you say.

19:48:10 I didn't hear what you said, but --

19:48:11 >>CHARLIE MIRANDA: You normally don't.

19:48:15 >>TONY GARCIA: I am ignoring you, you are right.

19:48:18 All right, there is going to be -- again, this is in the

19:48:21 central planning district and again a very good night of

19:48:24 how we are going to direct growth in the city.

19:48:27 The site is located right down in this area, right in

19:48:29 the edge of the central planning district.

19:48:33 Let me go ahead and show you the future land use

19:48:33 category.

19:48:36 Residential 20, residential 35 which is where it is at

19:48:39 on the southeast corner of Gomez and Azeele.

19:48:42 You have an existing medical office there right now that

19:48:44 is basically asking for an expansion of the existing

19:48:46 medical use.

19:48:50 So what you are having to be posed with this evening is

19:48:53 the functionalities of the site as far as -- it meeting

19:48:56 code and trying to be able to fit in and not adversely

19:48:59 impact the adjacent uses.

19:49:01 Very quickly you can see in the aerial, there are a

19:49:05 variety of office -- professional office uses around

19:49:09 this segment of Azeele, in addition to a lot of higher

19:49:14 density types of developments in proximity to the site.

19:49:16 Planning Commission staff found the proposed request

19:49:17 consistent with the comprehensive plan.

19:49:19 Thank you.

19:49:21 >>THOMAS SCOTT: Any questions by Council?

19:49:26 Petitioner?

19:49:29 That's right, miss Feeley.

19:49:32 >>ABBYE FEELEY: Abbye Feeley, Land Development.

19:49:35 I will quickly go through my presentation as staff did

19:49:39 find this request consistent with minor modifications.

19:49:41 This is the site here.

19:49:45 The existing PD if I may stopped that the line here.

19:49:51 And this expansion what is before you tonight is this

19:49:55 here.

19:49:58 A mix of uses in this area.

19:50:03 This is the subject property existing today the port

19:50:07 cachet will come down and when the expansion built, here

19:50:12 is the existing parking area in is the property to the

19:50:14 south that will become the new parking area.

19:50:17 This is further down at the corner there, although zoned

19:50:22 RM-24, it is a counseling center there, so not

19:50:25 residential on that side.

19:50:30 There is residential on the west side of Gomez.

19:50:34 This is that south piece all the way to the corner.

19:50:40 This is immediately west of the site.

19:50:44 This is at the northwest corner of Gomez and Azeele.

19:50:46 Again we need to show you since we looked at two

19:50:48 projects we have done tonight, this was the school you

19:50:53 guys did south of Mitchell elementary.

19:50:55 It came before you last summer.

19:50:58 We want to show you this project.

19:50:58 Came out beautiful.

19:51:00 This was the original and then the addition there.

19:51:05 Nice asset to the community there.

19:51:09 Exciting because I got to see Horizon Bay tonight too.

19:51:12 Good to see that the projects are actually coming out of

19:51:13 the ground.

19:51:18 This is to expand the existing medical office from 3656

19:51:26 square feet to 6356 square feet and 2700 New Hampshire

19:51:33 square--- 2700-square-foot.

19:51:37 38 spaces are required and 31 and a waiver for is being

19:51:39 requested for the deficit.

19:51:45 A modern-style architecture.

19:51:47 Modifications to are he write one of the waivers.

19:51:50 Waiver number 5 to make a correction to an improper

19:51:53 folio that is on the site plan, and lastly to change the

19:51:58 size and label the two parking spaces located in the

19:52:03 middle island to be compact size.

19:52:06 With those modifications staff finds this consistent and

19:52:07 available for any questions.

19:52:10 >> Any question for Council?

19:52:11 Petitioner.

19:52:13 >> Good evening, Mr. Chairman.

19:52:16 John Grandoff, 3700 Bank of America Plaza.

19:52:21 I represent Dr. Ed Farrier and his wife who owns this

19:52:21 property.

19:52:25 Dr. Farrier's plastic surgery practice is at this

19:52:27 property and he is adding on to the building.

19:52:30 And we request we have this PD placed before you.

19:52:32 We have no opposition that I know of.

19:52:35 Andrew Madson is with me this evening and also our

19:52:37 architect on this project.

19:52:41 I am available for any questions you have.

19:52:43 We respectfully request your approval.

19:52:46 >>THOMAS SCOTT: Anyone in opposition to this petition?

19:52:48 >> Move to close.

19:52:48 >> Second.

19:52:50 >>THOMAS SCOTT: All in favor signify by saying aye.

19:52:52 Councilman Miranda.

19:52:54 >>CHARLIE MIRANDA: Thank you, Mr. Chairman, move an

19:52:58 ordinance in the general vicinity of 2908 West Azeele

19:53:03 and 408 S. Gomez Avenue particularly described.

19:53:07 PD office medical and RM-24 multifamily and office

19:53:11 medical providing an effective date.

19:53:13 >>THOMAS SCOTT: Moved and seconded.

19:53:16 Seconded which by Councilman Caetano.

19:53:20 Moved and seconded.

19:53:20 Say aye.

19:53:21 Opposed.

19:53:23 >> We can incorporate all the changes.

19:53:26 Second reading will be February 3.

19:53:28 >> Motion carried unanimously.

19:53:31 Second reading and adoption February 3 at 9:30 A.M.

19:53:33 >> Thank you for your time this evening.

19:53:34 >>THOMAS SCOTT: Okay.

19:53:39 Thank you.

19:53:46 Council, we have been discussing over the last couple of

19:53:49 months this issue of the panhandling, and as you know,

19:53:52 we talked about in our last meeting, last Thursday a

19:53:55 week ago an opportunity to work with the city attorney

19:53:58 to bring back something that is more legally defensible

19:54:02 and something that we perhaps can afford.

19:54:07 I had a meeting today with Mr. Chip Fletcher, and so I

19:54:11 want to make a motion to Council that we ask the legal

19:54:16 department to present to the City Council on January 20

19:54:19 meeting ordinance prohibiting solicitation on the

19:54:23 right-of-way on arterial roads within the city.

19:54:26 What that means is arterial roads are major roads in the

19:54:28 city where the state of vehicles, volume of traffic and

19:54:31 other factors present a greater safety risk to people in

19:54:34 the right-of-way, which would include Dale Mabry,

19:54:42 Kennedy, Hillsborough, Fowler and Fletcher and can come

19:54:46 back us to and Council at that time can debate if hey

19:54:47 want to vote or continue.

19:54:49 But I would like to get it on the agenda to come back to

19:54:51 under staff report.

19:54:54 >>GWEN MILLER: Did you say Martin Luther King, Jr?

19:54:56 >>THOMAS SCOTT: All those roads.

19:54:59 What I would like -- what I told Mr. Fletcher to do was

19:55:01 pass tonight and meet with all the City Council to

19:55:03 answer any questions you have regarding what streets,

19:55:07 what roads, and that would include -- he just kind of

19:55:10 highlighted just those few there so you would have an

19:55:13 idea when we talk about arterial roads.

19:55:16 Hopefully that by the time we come back from Thursday, a

19:55:19 lot of your questions can already be answered by him and

19:55:22 also at that time on the 20th, you don't have to pass

19:55:25 it, you can continue it or whatever, but it could be set

19:55:28 for your first public hearing or your first reading

19:55:30 rather.

19:55:33 First reading and then follow by two weeks later.

19:55:40 So that is my motion.

19:55:42 >>GWEN MILLER: Move.

19:55:44 >>CURTIS STOKES: I second -- I second for discussion.

19:55:45 >>GWEN MILLER: Okay.

19:55:47 >>JOSEPH P. CAETANO: Mr. Chairman, I am a little

19:55:47 disappointed.

19:55:49 I read about this in the newspaper today.

19:55:54 I did meet with Mr. Fletcher and he showed me the map of

19:55:56 the roads that are going to be included.

19:56:01 And I know when I made a motion to move this some time

19:56:04 ago, Mr. Chairman, you stated let's wait until the

19:56:07 county finishes their plan, and we had a meeting this

19:56:08 Monday at the county.

19:56:13 In fact miss Mulhern was there, and I will tell you just

19:56:15 three of the streets that I look at, commerce way which

19:56:16 goes to freedom high school.

19:56:23 We got 1,000 workers at USAA and we have the high school

19:56:26 down there and the junior high school and we have Cross

19:56:29 Creek and we have New Tampa Boulevard, a major shopping

19:56:30 center.

19:56:33 They are panhandling there now, and I can't support

19:56:33 this.

19:56:36 Let's wait for the county to come back with their

19:56:37 recommendation.

19:56:42 That is what they have been meeting for months.

19:56:44 And just -- I can't support it.

19:56:48 Because I just see three streets.

19:56:53 I think we need more than what you are offering.

19:56:54 >>GWEN MILLER: Mr. Stokes.

19:56:56 >>CURTIS STOKES: Thank you very much Madam chair --

19:56:58 Vice-Chair.

19:57:02 I would have to agree with Mr. Caetano that we need some

19:57:06 additional streets included in this, and I am sure we

19:57:10 can pick up in addition to -- I would say the first

19:57:12 reading on the 20th or 27th.

19:57:16 Also I don't know if we can make in addition to the

19:57:23 motion, Chairman Scott, that we -- that we can somehow

19:57:26 prohibit the solicitor on the streets that are not

19:57:30 listed, the ones that we are going to totally ban, on

19:57:32 the streets that are not listed that we can somehow

19:57:36 prohibit the solicitor from stepping into traffic, where

19:57:39 they have to stay on the median or they can't walk in --

19:57:43 they can't leave the median and walk in and out of

19:57:46 traffic without being summoned by the person inside the

19:57:47 car.

19:57:50 So we can try to add some structure around what they are

19:57:53 doing inside the median.

19:57:56 And also if we could work with the city attorney's

19:58:01 office and t PD and public works about the size of the

19:58:03 signs that the solicitors have.

19:58:07 Some of them have these unsightly signs, but we can put

19:58:09 some structure around the streets that we are not going

19:58:13 to put a total ban on, but limit the size of the sign,

19:58:16 and also prohibit them from leaving the median on those

19:58:21 other roads, not walking in and out of traffic.

19:58:26 We can -- we need to add that to the motion.

19:58:30 >>GWEN MILLER: Add one on -- the one on Martin Luther

19:58:32 King, Jr. and Nebraska, he walks away with a dummy.

19:58:35 At first I thought it was a child because I saw it from

19:58:36 behind.

19:58:39 But he turned around and it was a dummy.

19:58:41 Reverend Scott.

19:58:44 >>THOMAS SCOTT: I am after him.

19:58:46 >>CHARLIE MIRANDA: Thank you, Madam Chair.

19:58:48 These problems are not going to go away.

19:58:55 These problems you can get from the arterial roads and

19:58:58 lesser and lesser and meet further into the

19:58:59 neighborhood.

19:59:01 Lakeland had an ordinance a total ban to go to a

19:59:03 different structure because the judge ruled it was

19:59:07 unConstitutional what Lakeland did.

19:59:10 We have things are going -- government moves slowly and

19:59:12 for a reason.

19:59:15 There is a -- a committee that was formed.

19:59:18 I believe Mr. Caetano alluded to that in the county with

19:59:21 three or four different cities participating or solving

19:59:22 or trying to address this problem.

19:59:28 This problem becomes furthermore complex when you ban a

19:59:31 total ban on certain streets.

19:59:35 Those are the same streets that 80 or 90 or 100 people

19:59:39 came here and say that they make the food on their table

19:59:43 by selling newspapers and pooling that money so their

19:59:45 family can eat.

19:59:49 That will also take that class of hard-working people

19:59:54 who are trying to make a living on the food side things

20:00:00 and just make them panhandlers, I guess.

20:00:02 We haven't given further thought to all the

20:00:08 ramifications of solving this problem.

20:00:11 Like I said earlier, even in war, the enemy wounded are

20:00:17 treated by the other side.

20:00:21 Today we have a great operation going with certain

20:00:28 operations that take care of the needy; however, I

20:00:31 believe there is more care for the animals as there

20:00:35 should be for their own rights in the humane society

20:00:36 than we are doing for human beings.

20:00:39 We just cannot forget that when you and I have a pain,

20:00:42 we can go to the hospital and be taken care of.

20:00:45 We have insurance.

20:00:48 We also have food on the table.

20:00:51 Some of these individuals -- and I have had them here in

20:00:58 front of us are of a job with family, with kids, and

20:01:02 some of the service centers are completely full.

20:01:06 We have no answer to how do we solve this problem.

20:01:15 The moving of these individuals, and by the way, these

20:01:21 individuals -- so really, politically, I don't think I

20:01:23 am doing the right thing.

20:01:28 But in my own mind and in my heart, I really believe

20:01:31 that there is got to be an answer, and the answer should

20:01:35 not be just ban.

20:01:38 Right now the ordinance we have in place states that you

20:01:41 can not go into the street.

20:01:44 And guess what, not one of us has not seen them on the

20:01:50 street away from the median walking.

20:01:52 >>GWEN MILLER: I have.

20:01:54 >>CHARLIE MIRANDA: Not one have not.

20:01:56 How many arrests have we made?

20:02:00 Maybe they made some, but I don't know of any.

20:02:02 Right here on Ashley the other day I caught a fella

20:02:05 walking in the middle of the street.

20:02:09 And these problems are not going to get fixed by a ban.

20:02:14 It has got to have much more.

20:02:17 I think it is a start, but it has got to have much more

20:02:24 ingredients to make this process one that has something.

20:02:27 What if these people go out the dark?

20:02:28 I don't know.

20:02:30 How many of them are they?

20:02:30 I don't know.

20:02:32 How many of them have families?

20:02:33 I don't know.

20:02:36 How many of them have children that have no place to

20:02:36 stay?

20:02:38 I don't know.

20:02:41 I think we ought to have a different type of approach

20:02:44 that we speak to the coalition.

20:02:47 We speak to the people who are in need.

20:02:50 We speak to these individuals who are really trying to

20:02:52 make it and can't.

20:02:57 If you look at the proportionate amount of those

20:02:58 individuals.

20:03:01 Some of them are well-educated as we are and some of

20:03:04 them have medical problems and some of them have more

20:03:05 than medical problems.

20:03:08 Some have mental problems as we do.

20:03:12 So what I am saying is, there is no one answer, no one

20:03:15 has come up with a comprehensive answer inside this

20:03:20 building and outside this building that has said this is

20:03:24 how we solve this, and then where is the money coming

20:03:25 from.

20:03:27 We can say you ban.

20:03:30 We can say, yeah, you get a $500 fine and 30 days in

20:03:31 jail.

20:03:34 You know what, that is a laughter.

20:03:36 First don't have the 500 and then I got to feed them

20:03:39 when they are in jail, and it costs a lot of money to

20:03:42 put someone in jail.

20:03:46 So I don't have an answer.

20:03:49 And I am willing to say I don't have an answer.

20:03:52 So to just say let's get rid of something, I am not

20:03:54 saying that is what you are saying, but I haven't had a

20:03:57 chance to digest what I read because I would just come

20:04:01 in here and read the first couple of paragraphs, and it

20:04:06 is just not conducive enough for me now to set it for

20:04:09 the 20th and say I am ready to go.

20:04:11 Not unless you have the homeless coalition.

20:04:14 Not unless I have those people --

20:04:16 >>THOMAS SCOTT: The second to motion.

20:04:17 >>GWEN MILLER: Are you finished.

20:04:20 >>CHARLIE MIRANDA: If you want me to stop, I will stop.

20:04:23 Okay, miss Mulhern.

20:04:25 >>CHARLIE MIRANDA: I understand.

20:04:28 >>GWEN MILLER: You have three minutes.

20:04:30 >>THOMAS SCOTT: Five as an attorney.

20:04:31 >>MARY MULHERN: Finish.

20:04:34 >>CHARLIE MIRANDA: I wanted to make sure I had five.

20:04:36 >>JOSEPH P. CAETANO: Half a minute left.

20:04:36 >>CHARLIE MIRANDA: I quit.

20:04:39 I understand.

20:04:41 >>GWEN MILLER: Miss Mulhern.

20:04:43 >>MARY MULHERN: Thank you, I will try to be brief,

20:04:46 because Mr. Miranda said pretty much what I want to say.

20:04:50 I want to remind people that -- not my colleagues, but

20:04:55 if anybody is watching or listening.

20:04:58 What we can do on City Council.

20:05:00 We are in a really tragic time right now.

20:05:04 Unemployment, although it is supposed to be -- what is

20:05:06 it around 10%.

20:05:08 >>THOMAS SCOTT: 13 almost.

20:05:11 >>MARY MULHERN: 13% in Florida.

20:05:13 That's just the people we are counting.

20:05:16 We are closer to 20% unemployment, the reality is a lot

20:05:19 of us don't have jobs, the reality is, a lot of us are

20:05:23 losing our homes, can't pay the rent, can't pay their

20:05:27 mortgage, have been foreclosed on or under water.

20:05:30 We are in a very tragic time right now and it is

20:05:34 difficult, but the thought if you take the people who

20:05:39 have resorted to begging on the streets or soliciting or

20:05:43 whatever you want to call it off of some of our roads is

20:05:47 going to make any difference to the reality of their

20:05:52 lives or ours, it just doesn't make sense.

20:05:57 So I -- I -- I think that we need to face this bigger

20:05:59 problem, but what we can do -- we talked about it today

20:06:02 at our CRA meeting how we are trying to create more

20:06:03 jobs.

20:06:06 How we have community redevelopment areas that are

20:06:11 helping the private sector bring more jobs into Tampa.

20:06:14 So those kind of things are what we can do as the City

20:06:19 Council, so, you know, we can band -- we can -- tonight,

20:06:23 we can say okay, some people are pressuring us to do

20:06:23 this.

20:06:27 There is a lot of pressure for us to do this, and I

20:06:30 agree with Mr. Miranda, it would be a popular thing to

20:06:33 do if we did it right now tonight, but I think we are

20:06:34 better than that.

20:06:37 We take our job more seriously.

20:06:40 And Mr. Caetano has been going to these meetings that

20:06:43 the county has been having, and I have to say this,

20:06:49 because I went to the meeting on Monday, and I was

20:06:52 discouraged from going, okay.

20:06:56 So we had to sit here and have -- and we have had to

20:07:02 have -- listen to so many people telling us that we need

20:07:06 to ban homelessness, but then when there is -- meetings

20:07:11 happening where they are talk about some -- to ban

20:07:14 panhandling, I misspoke.

20:07:17 Talking about possible solutions and a lot of good

20:07:19 solutions.

20:07:22 I was told I shouldn't go to this meeting and if I did,

20:07:25 I shouldn't say anything.

20:07:29 But to ask your City Council to pass some legislation

20:07:35 but not to participate in trying to find out what some

20:07:38 of the solutions are and what the recommendations are,

20:07:42 there is -- there was a county sheriff, somebody from

20:07:44 TPD.

20:07:47 Had homeless advocates there.

20:07:50 They had the newspapers, the attorney for the Tribune

20:07:54 spoke very well and had really good recommendations for

20:07:55 what we could do.

20:07:59 So this Council.

20:08:03 We need to have this kind of reporting coming back to

20:08:03 us.

20:08:05 Where is Mr. Fletcher tonight.

20:08:07 Our legal department is ready for us to pass an

20:08:11 ordinance and they are not even here?

20:08:14 >> Miss Mulhern, if I may --

20:08:15 >>THOMAS SCOTT: She is talking.

20:08:18 You shouldn't interrupt while she is talking.

20:08:20 >>MARY MULHERN: Where is he?

20:08:21 Is there someone from --

20:08:25 >> A motion made under new business, miss Mulhern, there

20:08:26 is not on the agenda tonight.

20:08:27 >>MARY MULHERN: Right.

20:08:31 But when we normally direct -- when we normally direct

20:08:34 the legal department to come back with an ordinance, we

20:08:37 have a recommendation for what we want in there.

20:08:38 We are not ready to do that.

20:08:43 We need to get -- we need to hear from TPD and we need

20:08:46 to hear from all these people and reports submitted to

20:08:49 that county and Mr. Caetano can back me up on this.

20:08:52 They got reports from different cities, from all kinds

20:08:56 of people, and we haven't -- none of that has been

20:08:57 presented to us.

20:09:02 So, I am perfectly willing to discuss possible solutions

20:09:07 or recommendations, but to -- to think that there is

20:09:09 going to be an ordinance that we are going to be ready

20:09:14 to pass at our next meeting, I don't think that is

20:09:16 responsible of us.

20:09:19 >>GWEN MILLER: Chairman Scott.

20:09:21 >>THOMAS SCOTT: Let me start off by saying under your

20:09:24 rules and guidelines if you want to put them on the

20:09:26 agenda, you have to bring them to the Council.

20:09:26 That is number one.

20:09:31 Secondly, it is -- it is a proposal to have the -- that

20:09:34 the legal department to bring something forth at our

20:09:39 next meeting at which time he will meet with all of City

20:09:41 Council members behind closed doors and discuss any

20:09:43 questions you may have.

20:09:49 And secondly, you -- whatever he brings forth, it don't

20:09:52 have to be voted upon or approved at your next meeting.

20:09:54 That is the fact.

20:09:55 Okay.

20:09:58 I have been here for years now, and I have come to

20:10:00 understand system that you all put in place before I got

20:10:01 here.

20:10:03 So I am functions within the system that was created

20:10:05 before I got here four years ago.

20:10:09 The other thing I will say is it is -- it is not

20:10:12 comprehensive because here again -- it allows -- my

20:10:15 intent was to allow for your input into this as we move

20:10:18 forward.

20:10:21 And so, therefore, -- that was just an example of some

20:10:22 of the streets.

20:10:24 That's all that was.

20:10:28 A lot more -- if you get with him and a question you

20:10:31 asked and look at the map, the other thing I wanted to

20:10:34 say was I feel no pressure.

20:10:38 I have been an elected official for 14 years, and I

20:10:41 don't vote on something because it is popular or not

20:10:41 popular.

20:10:44 I vote on what I believe -- my beliefs and principles

20:10:46 and convictions.

20:10:48 Anyone who knows me know that's how I vote.

20:10:52 I voted against several months ago on the transgender

20:10:56 ordinance, going against my colleagues who are clergy at

20:10:58 that time which was not popular.

20:11:00 So I am not voting on issue because it is popular or

20:11:02 unpopular.

20:11:03 I am voting on an issue.

20:11:06 I am bringing this forth as a way to discuss and the

20:11:08 only way we can do it under the sunshine law.

20:11:10 You can't do it behind closed door.

20:11:13 You can't do it in the office, the only way is in the

20:11:15 public under the sunshine.

20:11:17 The only mechanism we have.

20:11:21 Lastly my second motion is do exactly what Mr. Miranda

20:11:21 said.

20:11:24 Let's have a workshop the 4th of this month, bring

20:11:28 together the social service department, the social

20:11:32 agency from the county, who represents the county, the

20:11:36 county, Hillsborough county, the homeless coalition, the

20:11:39 metropolitan ministry, any of those other agencies that

20:11:41 involve -- who are -- who are very much involved in

20:11:44 meeting the needs of these people to talk to us about

20:11:46 what are the real issues, what are some of the

20:11:49 solutions, how those issues can be addressed.

20:11:51 That is what the attempt is.

20:11:56 Not only to look at banning certain streets, but also

20:12:00 look at how to address these needs, social service needs

20:12:02 that people have, and you can only do that in a public

20:12:02 forum.

20:12:06 So the intent here is -- is to allow this to be put on

20:12:08 the agenda as we always do to get more information and

20:12:10 to have more input.

20:12:13 And at that time, you can vote it down or continue it,

20:12:14 whatever you want to do.

20:12:18 So the intent here is really to allow legal to come back

20:12:21 before us on the 20th, on the staff report, and at that

20:12:25 point which is your system, your guideline and your rule

20:12:27 that you had long before I got here.

20:12:31 >>GWEN MILLER: Miss Capin.

20:12:32 Go ahead.

20:12:37 >>YVONNE CAPIN: So we are looking for workshop?

20:12:40 >>THOMAS SCOTT: In terms of meeting the social service

20:12:45 needs of those homeless and panhandlers, yes.

20:12:50 >>YVONNE CAPIN: Reports from Tampa -- Tampa police

20:12:57 department and code enforcement on -- on these issues.

20:12:59 What reports on that.

20:13:01 >>THOMAS SCOTT: The report would include -- and my

20:13:01 opinion --

20:13:05 >>YVONNE CAPIN: I mean I am asking -- I am asking --

20:13:07 >>THOMAS SCOTT: I don't know about code enforcement.

20:13:09 >>YVONNE CAPIN: I have asked for reports before.

20:13:12 >>GWEN MILLER: Mr. Caetano.

20:13:15 >>YVONNE CAPIN: I am not done.

20:13:16 >>GWEN MILLER: Okay.

20:13:22 >>YVONNE CAPIN: I have to commend you on the solution

20:13:26 -- Tampa is a strong and decent city, and the solution

20:13:29 has to be strong and decent.

20:13:33 And I think that is what we are -- all of us are aiming

20:13:44 for and that's what we have to get to work on.

20:13:46 Mill Councilman Caetano.

20:13:49 >>JOSEPH P. CAETANO: Mr. Chairman, I hate to disagree

20:13:52 with you, but I asked for a workshop and you wouldn't

20:13:55 agree with my motion for workshop and miss Mulhern, you

20:13:57 were at this meeting.

20:13:59 I didn't know you were going to be there.

20:14:00 I didn't say a word.

20:14:03 And I was been very vocal at the meeting and I was

20:14:06 surprised you were there and I don't know who told you

20:14:09 not to come and the reason they told you that is it was

20:14:10 not a noticed meeting.

20:14:12 Two of us cannot be there and talk.

20:14:14 That is the statutes sponsorship didn't say the word.

20:14:15 I kept quiet.

20:14:17 I almost fell asleep I was so bored.

20:14:22 And the thing is, I have met with Mr. Lake, and I told

20:14:25 him speak with Rebecca from our legal department.

20:14:31 I would concede to a Sunday sale of newspapers with the

20:14:36 "Tribune" and "The Times," there were two attorneys

20:14:38 there and grown anyone else met with them.

20:14:43 Mr. Lake gave a comprehensive report at this meeting who

20:14:43 got killed.

20:14:46 His alcohol don't was five times higher normal -- than

20:14:51 normal, four point something.

20:14:52 I don't think it is fair.

20:14:55 The time we had the public hearing here, most of the

20:14:58 people that got up and talked were all newspaper people.

20:14:59 And I support them.

20:15:02 I know they are making money out there, but some of

20:15:04 these guys are out there knocking on windows.

20:15:05 That's not fair.

20:15:08 I know women who don't want to stop at a red light.

20:15:09 There are going through the red light.

20:15:11 A woman told me the other day, I am not going to stop.

20:15:16 Some guy is going to come and break my window.

20:15:18 >>GWEN MILLER: Mr. Miranda.

20:15:21 >>CHARLIE MIRANDA: Thank you, three things -- one the

20:15:22 sidewalk ordinance.

20:15:24 I didn't bring it up one day and vote onto a week

20:15:25 later.

20:15:26 I distribute the whole ordinance.

20:15:27 Pass it out.

20:15:31 Two weeks later, pass it out to all -- neighborhood and

20:15:32 so forth and so on.

20:15:35 The pain management clinic the same way and chapter 27

20:15:38 revision of two items that should never have been in

20:15:39 there.

20:15:40 Those things took weeks to do.

20:15:41 And they were done.

20:15:44 They were done with the length of time and understanding

20:15:47 and comprehensive reviews.

20:15:50 But what I am saying is that it might be the world's

20:15:53 best thing to do, but not within one week.

20:15:57 You have to have more time to bring all these things --

20:15:59 gather all the data.

20:16:02 For instance, just today during lunch as I am leaving --

20:16:06 Mr. Chip Carter was downstairs and I asked him two

20:16:06 questions.

20:16:08 One was about what happened at the county, and the other

20:16:11 one, what happened with the traffic study that we were

20:16:17 going to do to limit panhandling doing certain hours on

20:16:18 traffic studies.

20:16:20 That has not even been brought up.

20:16:22 I talked to the legal department for months on that idea

20:16:25 on Sunday from 6 until 2:00.

20:16:30 Maybe two days a week from 1:1:30 to 4:30.

20:16:32 Based on traffic study.

20:16:33 You must have something of substance.

20:16:35 If you are going to court, you are going to lose.

20:16:39 That is the way the American system works.

20:16:40 The city has done little.

20:16:42 Maybe they have done a lot, but certainly have reported

20:16:45 to this Council and done anything.

20:16:48 What I am saying is another one that is out there just

20:16:49 dangling.

20:16:52 So many things out there dangling that nobody has reeled

20:16:55 them all in and said this is the comprehensive review

20:16:58 and here is how we are going to try to solve this

20:16:59 problem.

20:17:02 These problems could be solved, but they are going to be

20:17:04 very, very difficult to be solved.

20:17:06 Because it takes something that we don't have and that

20:17:08 is a lot of revenue.

20:17:09 Thank you.

20:17:11 >>GWEN MILLER: Mr. Stokes.

20:17:15 >>CURTIS STOKES: Thank you very much, Ms. Miller.

20:17:20 We have compassion for those less fortunate than we are.

20:17:23 Mr. Miranda, while we are still waiting for this to come

20:17:29 toward us, it would be incumbent for us as a Council to

20:17:33 put a stopgap for a way for the citizens to stop at the

20:17:35 light and stop signs who are having the aggressive

20:17:40 panhandling, the guy on the median, walking up to the

20:17:44 cars, putting the cardboard right inside the window or

20:17:46 at the window and asking them to give them money.

20:17:48 I think we need to do something and we need to -- about

20:17:51 a year and a half ago the Council passed an ordinance

20:17:55 that asked them -- to wear their orange vests.

20:17:58 I think we -- add a new section to that that prohibit

20:18:02 the solicitor from approaching cars without being

20:18:04 summoned to the car.

20:18:06 It will alleviate some of the fear that exists and

20:18:10 especially by a lot of the women in our community.

20:18:13 Because -- because that's -- that's the fear.

20:18:17 The fear is that these guys -- these aggressive guys are

20:18:17 out there.

20:18:19 They are -- they are approaching the cars.

20:18:21 They are -- they are being very aggressive.

20:18:26 So we have to do something and I applaud Reverend Scott

20:18:29 and Mr. Caetano for at least pushing the envelope on

20:18:29 this issue.

20:18:32 I think it is -- I think we need to put structure around

20:18:37 it and at least until we get all the data back, let's do

20:18:37 something.

20:18:44 At least -- amend a new section to the previous

20:18:49 ordinance that does not allow them to approach a vehicle

20:18:50 unless someone asks them too.

20:18:53 >>GWEN MILLER: Reverend Scott.

20:18:57 >>THOMAS SCOTT: Well, again, the attempt here is

20:18:58 getting information.

20:19:00 All what you are saying is you are not going to get it

20:19:02 unless we will do it in the sunshine.

20:19:03 That's one.

20:19:07 Number two are, I have been working on this issue with

20:19:09 Mr. Fletcher now for weeks.

20:19:11 This didn't just pop up.

20:19:16 I can tell you today right here, the -- this -- that was

20:19:17 submitted by the "Tribune."

20:19:20 I can tell you right now and Mr. Fletcher and I talked

20:19:23 about it, some of the things you can not do and be

20:19:23 legally defensible.

20:19:27 I can also tell you based on what our discussion went --

20:19:30 my discussion with him, even if you do the training and

20:19:33 you set a fee, you do not know that the city has to

20:19:39 provide funding in order for that to happen in case some

20:19:41 of the people can't afford it, because under the

20:19:43 Constitution, you have to make sure they have access.

20:19:47 Now given the -- given the crunch we are in and the

20:19:51 budget, we prepare, set aside funding for that?

20:19:54 These are the kind of things I have -- I have been

20:19:55 asking questions.

20:19:58 These are the things I have been talking to Mr. Fletcher

20:19:59 about, okay.

20:20:04 And I agree that we -- we -- you can not -- you can not

20:20:09 get information unless we bring it here and talk about

20:20:13 it, and in the meantime, that's what I have been doing

20:20:16 with Mr. Fletcher, talking to him week after week, week

20:20:17 after week.

20:20:20 I can also tell you based on what I was told that

20:20:23 traffic study could take a long period of time even up

20:20:27 into a year or longer is what I have been told and then

20:20:30 goes back to say, when will the study be done?

20:20:32 At night or at day or at lunch.

20:20:36 A lot of ambiguity relative to that.

20:20:38 These are the kind of things I have been asking

20:20:38 questions.

20:20:41 I have been talking to Mr. Fletcher about.

20:20:45 This motion tonight is just simply to get us to talk in

20:20:49 the sunshine, get Mr. Fletcher coming at us, ask more

20:20:52 questions and in the meantime, whatever you have, I want

20:20:55 to have one vote.

20:20:57 That's all I have, one vote.

20:20:58 That's all.

20:20:59 >>GWEN MILLER: Miss Mulhern.

20:21:01 >>THOMAS SCOTT: Just one last thing.

20:21:04 County commission, that is a complete ban in the county

20:21:05 today on this issue.

20:21:06 Do you all know that?

20:21:09 A complete ban today in Plant City.

20:21:11 Did you know is that?

20:21:15 A complete ban in temple terrace.

20:21:16 Can I tell that you.

20:21:18 >>MARY MULHERN: Can I tell you something said at the

20:21:22 workshop by -- I am not exactly sure who it was but a

20:21:23 high-level county official.

20:21:27 They said we do have a ban on panhandling in the county,

20:21:30 it is just not enforced.

20:21:35 So that kind of put in a nutshell for me and the reality

20:21:39 is no matter what we do, it all depends on the

20:21:40 enforcement.

20:21:42 And when you talk about people feeling threatened or

20:21:46 aggressive panhandling, that is -- that kind of

20:21:48 threatening thing is against the law.

20:21:53 So apparently -- and, you know, the things that people

20:21:56 are doing, that kind of aggressive panhandling is all

20:21:59 about the enforcement.

20:22:04 I was not implying anything about you or anyone else on

20:22:04 Council.

20:22:08 I was talking about the fact that this Council has been

20:22:13 pressured to do something about this, but the

20:22:16 information that has been gathered, and the research

20:22:21 that has been done has not been brought back to us by

20:22:22 our staff.

20:22:25 We haven't gotten these reports that they are getting at

20:22:26 this county task force.

20:22:28 They haven't come back here.

20:22:33 So that's what I think needs to happen.

20:22:37 Our second-year motion to put this on a staff report.

20:22:40 I am just not sure that we will be able because we don't

20:22:42 have any of that information at this point.

20:22:46 I am not sure we are going to be able to -- to agree on

20:22:49 what kind of ordinance needs to be passed.

20:22:54 And -- I am talking about the fact that we -- this has

20:22:59 become somehow our responsibility to end panhandling

20:23:06 when the reality is, our city attorneys and staff are

20:23:09 not giving us the information -- even the information we

20:23:11 need to do the right thing.

20:23:14 And that's what I want to happen here.

20:23:17 And I want to apologize to Mr. Caetano.

20:23:20 If you asked for a workshop and I didn't support it, I

20:23:21 am really sorry.

20:23:23 I don't remember -- I don't remember that.

20:23:27 And I am sorry if I didn't support it, because I wish I

20:23:28 had.

20:23:29 >>GWEN MILLER: Let me say something.

20:23:31 I have been listening to all the Councilmembers,

20:23:33 everybody got some good ideas.

20:23:35 You have been saying some of the same things, some of

20:23:39 the things are different, but what I would like to do

20:23:43 for each Councilmember write down -- or type up two

20:23:47 things will stop panhandling, and when we have this

20:23:50 workshop, all our staff members there and whoever you

20:23:51 want to invite.

20:23:53 All the suggestions written down so we can bring it out

20:23:56 and say what we want to say and maybe we can come to

20:23:59 some conclusions but tonight all of us saying --

20:24:02 everybody is saying something and everybody disagreeing.

20:24:04 We are not getting anywhere tonight.

20:24:07 I would like to say write down what you want to say, how

20:24:08 you think it should be handled.

20:24:12 Then whoever makes a motion to do a workshop, can do a

20:24:16 workshop and we can dole all this out and come to some

20:24:18 conclusion if you want to do it or don't want to do it

20:24:20 and just be through with it.

20:24:22 >>CHARLIE MIRANDA: I agree with you Madam chair.

20:24:26 In fact we have been so lax here we haven't asked our

20:24:27 police department on what they found on the ordinance

20:24:30 that is in place and the people who violated the

20:24:31 ordinance.

20:24:31 >>MARY MULHERN: We have asked.

20:24:33 We haven't gotten the answers.

20:24:36 >>CHARLIE MIRANDA: Haven't gotten the answers.

20:24:39 >>GWEN MILLER: We need to put it all down and write it

20:24:42 down and put it on paper.

20:24:45 >>JOSEPH P. CAETANO: Chief Bennett has been at all the

20:24:49 meetings in the county building.

20:24:51 >>CHARLIE MIRANDA: We are over here.

20:24:52 >> The task force we decided to join.

20:24:54 They are coming out with a report in February.

20:24:55 There are no more meetings.

20:24:57 >>CHARLIE MIRANDA: That's what I am saying.

20:25:00 >>GWEN MILLER: We need to have our own workshop.

20:25:03 >>CHARLIE MIRANDA: Let's wait for a report to come in.

20:25:05 >>GWEN MILLER: Do we have a workshop?

20:25:06 >>CHARLIE MIRANDA: Sure.

20:25:08 >>GWEN MILLER: Let's not make no motions.

20:25:12 >>CHARLIE MIRANDA: I am not against information, I am

20:25:14 not against gathering or listening.

20:25:17 If we have workshops and write an ordinance to ban

20:25:19 something without the information, what about the

20:25:22 information that is contrary to what I just banned?

20:25:24 I don't know.

20:25:27 >>JOSEPH P. CAETANO: Madam Chair, I would like to say

20:25:28 one more thing.

20:25:34 I had a long conversation with District 7 Wayne Newton

20:25:39 and he invited -- anybody over on a Sunday their program

20:25:42 is working, it is working well, and not unConstitutional

20:25:46 because "The Times" sued them in court but they turned

20:25:48 around and dropped their suit.

20:25:50 >>GWEN MILLER: Miss Capin.

20:25:52 >>YVONNE CAPIN: Just to add to that.

20:25:55 And you are talking about Pinellas County, right?

20:26:02 Pinellas County just opened a 500-bed --

20:26:05 >>JOSEPH P. CAETANO: Right, he told me that.

20:26:08 >>YVONNE CAPIN: 500-bed roof over homeless people's

20:26:09 head.

20:26:10 We don't have that in place.

20:26:13 Wear strong and decent city, and solutions have to be

20:26:15 strong and decent.

20:26:16 And that is part of it.

20:26:18 >>JOSEPH P. CAETANO: I had a solution to that, and that

20:26:22 was don't spend $2.1 million on those parking meters.

20:26:23 Okay.

20:26:29 No, I am serious.

20:26:31 >>GWEN MILLER: Write all of those suggestions down.

20:26:32 Write all of those suggestions.

20:26:35 >>JOSEPH P. CAETANO: He finally walked away and got a

20:26:37 quarter from his --

20:26:39 >>GWEN MILLER: Write all those suggestions.

20:26:40 Reverend Scott, you had a motion.

20:26:43 >>THOMAS SCOTT: The motion is just -- to come before us

20:26:45 on the staff report for next Thursday.

20:26:50 We don't have to take any action at that time.

20:26:53 >>JOSEPH P. CAETANO: If you don't like it, change it.

20:26:55 >>GWEN MILLER: Got to wait until he is finished.

20:26:57 I am going to wait until he is finished.

20:26:58 Okay.

20:27:04 Your motion.

20:27:08 Push.

20:27:11 >>THOMAS SCOTT: The intent is to have the Legal

20:27:14 Department appear before us on our 20th meeting to

20:27:20 discuss with us and also whatever issue you all bring

20:27:24 forth to prohibiting the solicitation and right-of-way

20:27:27 of arterial roads in the City of Tampa.

20:27:28 >> I am sorry if I can.

20:27:29 I want to be clear.

20:27:31 The motion --

20:27:33 >>THOMAS SCOTT: Under staff report.

20:27:34 >> Under staff report.

20:27:36 Your initial intent when you made the motion initially

20:27:39 was with regard to bringing back an ordinance for -- for

20:27:42 discussion and potential first reading --

20:27:45 >>THOMAS SCOTT: He can have an ordinance but --

20:27:47 >>GWEN MILLER: He changed it, didn't have the

20:27:48 ordinance.

20:27:50 He changed that and took the ordinance out.

20:27:52 >>JOSEPH P. CAETANO: The ordinance could only come

20:27:55 after we have a workshop.

20:27:57 >>GWEN MILLER: He took that out.

20:27:57 A second.

20:27:58 A motion and a second.

20:28:01 All those in favor say aye.

20:28:04 Opposed, nay.

20:28:08 >> Motion carried with Miller voting no.

20:28:14 Correction, motion carried unanimously.

20:28:15 >>GWEN MILLER: Can you finish.

20:28:17 >>THOMAS SCOTT: No, I have another motion.

20:28:21 The motion was that we reconvene the fourth Thursday of

20:28:22 the month.

20:28:23 What is the workshop.

20:28:24 >> On the 27th.

20:28:29 >> On the 27th that we convened all the -- the legal

20:28:34 department, police department, the -- the homeless

20:28:39 coalition, the metropolitan ministries, Hillsborough

20:28:43 county social service agency to talk about this whole

20:28:46 issue with us.

20:28:49 >>JOSEPH P. CAETANO: Can we invite Mr. Merrill.

20:28:50 >> Mr. Chairman.

20:28:52 I am sorry, Madam.

20:28:53 >>GWEN MILLER: Go ahead.

20:28:56 >> I conferred with the Clerk looking at the calendar.

20:28:59 You have -- how many commendations?

20:29:03 >> Three commendations and five workshops on the 27th.

20:29:04 >>THOMAS SCOTT: What are they.

20:29:08 >> Workshop for bicycle safety action plan, semi Annual

20:29:11 Report regarding small local business enterprise, women

20:29:15 minority business, final draft of the amendment for

20:29:16 chapter 25.

20:29:19 Workshop for presentation by transportation division on

20:29:21 the truck route study findings.

20:29:24 And a workshop to discuss process for monitoring

20:29:29 alcoholic beverage establishments, compliance et cetera.

20:29:32 >>GWEN MILLER: We don't this then.

20:29:32 We need to change it.

20:29:35 What is the next workshop?

20:29:38 >> The next workshop February 24, two workshops

20:29:39 scheduled.

20:29:41 One to discuss possible changes to the city's noise

20:29:45 ordinance and one for the creation of a small business

20:29:48 revolving loan fund.

20:29:51 >> What time is the next workshop after that.

20:29:53 >> Those are at 9 and 9:30.

20:29:57 The next one will be after 9:30.

20:29:59 >>THOMAS SCOTT: 10:00.

20:30:01 >>GWEN MILLER: February the what?

20:30:02 >> February 24.

20:30:06 >> It we get a second for that.

20:30:06 >> Second.

20:30:08 >>GWEN MILLER: Motion and a second to have the work

20:30:13 shop February 24 at 10:00.

20:30:16 >>THOMAS SCOTT: All the nonprofits who have an

20:30:16 interest.

20:30:18 >>GWEN MILLER: In all favor of that motion say aye.

20:30:19 Opposed, nay.

20:30:22 >> Motion carried with Miranda being absent at vote.

20:30:25 Just for clarification Mr. Chairman, will the Council be

20:30:27 inviting these people.

20:30:30 >>THOMAS SCOTT: I will coordinate it through my office.

20:30:32 I will coordinate it.

20:30:33 >> Thank you.

20:30:36 >>GWEN MILLER: Anything else, Chairman Scott?

20:30:38 Councilman Caetano.

20:30:39 >>JOSEPH P. CAETANO: As everyone read in the paper

20:30:43 today, evidently there is a problem with the water Bills

20:30:44 that are coming out.

20:30:47 I had three people who called me today.

20:30:50 One sent me an E-Mail to my office here, and I did talk

20:30:51 to her.

20:30:59 Her normal water mill is $150 -- Bill is $150 and gets a

20:31:01 $800 water Bill.

20:31:03 I don't know what the problem is.

20:31:06 I went out today and read a couple of meters for

20:31:06 residents.

20:31:08 They are pretty upset.

20:31:12 One of them normal Bill was $70 a month and one was

20:31:12 $568.

20:31:15 And there is no leaks.

20:31:16 I looked at the meter.

20:31:18 The meter is not moving.

20:31:22 Everything is off.

20:31:24 I don't know what the problem is, whether it is

20:31:27 something erroneous on the meter reader, I don't know

20:31:32 how it is, but we have got to get Mr. Bear in here to

20:31:34 tell us what process they are using.

20:31:37 Is this the same person going out to read the meters?

20:31:41 A big article I think in the "Tribune" today about --

20:31:46 same name as Jeffrey has $800 or something water bill.

20:31:48 His Huggins.

20:31:49 >>MARY MULHERN: I will second.

20:31:52 Do you want to make a motion for a report from --

20:31:55 >>GWEN MILLER: Are you making a motion to have them

20:31:55 here.

20:31:57 >>JOSEPH P. CAETANO: Have them here at the next

20:31:58 meeting.

20:31:59 What is the problem.

20:32:01 >>THOMAS SCOTT: On the 20th.

20:32:02 Moved and seconded.

20:32:05 All in favor signify by saying aye.

20:32:07 >>JOSEPH P. CAETANO: I will talk to him personally to

20:32:08 find out what is going on.

20:32:14 >> I am sorry, could you state that for the record.

20:32:16 >>JOSEPH P. CAETANO: We want the water department

20:32:19 manager to come here and give us an analysis of what is

20:32:22 the process for reading a meter, how do they read it,

20:32:24 the same person that goes back every month to read the

20:32:25 meter?

20:32:27 I don't know what they are doing.

20:32:30 >> That is under staff reports next week?

20:32:36 Thank you.

20:32:38 >> Mr. Caetano, did you want him to address the concern

20:32:41 of major discrepancies.

20:32:44 >>JOSEPH P. CAETANO: Why the discrepancies.

20:32:48 From $100 and again to $800 something.

20:32:49 That is ridiculous.

20:32:53 >>THOMAS SCOTT: Any new business.

20:32:54 >>MARY MULHERN: That was my new business.

20:32:56 One of my new businesses.

20:33:00 You take care of that in Dana Shores and New Tampa.

20:33:02 What -- that was one of them.

20:33:08 Second one I want to ask Council to pass a resolution in

20:33:11 support of the one bay regional vision at our next

20:33:13 Council meeting.

20:33:18 And so we will have that resolution.

20:33:20 >> Do you want placed on the agenda -- do you have a

20:33:21 copy for the Clerk?

20:33:23 >> Oh, do I?

20:33:24 I think I do actually.

20:33:25 Yes.

20:33:27 I have the resolution here.

20:33:30 >> That will appear on the next agenda.

20:33:32 >>THOMAS SCOTT: So that is the resolution to appear on

20:33:33 the next agenda.

20:33:35 >> For a vote.

20:33:35 Not tonight.

20:33:37 Just a motion --

20:33:40 >>THOMAS SCOTT: My point is, it is a resolution to

20:33:45 appear on the next meeting.

20:33:46 >>MARY MULHERN: January 20.

20:33:48 >>THOMAS SCOTT: I am making a point.

20:33:49 I am making a point.

20:33:52 >>MARY MULHERN: A resolution, not an ordinance.

20:33:54 >>THOMAS SCOTT: Still the process is still the same.

20:33:57 >>MARY MULHERN: I have one other piece of new business.

20:33:59 >>THOMAS SCOTT: A second to that motion.

20:33:59 All right.

20:34:01 I am good at processing.

20:34:02 Moved and seconded.

20:34:07 All in favor -- moved and seconded.

20:34:09 All in favor signify by saying aye.

20:34:11 >>MARY MULHERN: And then my other piece of new

20:34:12 business.

20:34:16 Chairman Scott took care of, but I am going to ask for

20:34:20 another -- I am going to make another motion to add to

20:34:26 your request for -- regarding panhandling and this is

20:34:35 just to ask that TPD, legal, anyone who has been

20:34:39 participating in those county meetings next week provide

20:34:42 us with the report that has been submitted to that

20:34:46 committee because they referred to, like, two or three

20:34:48 different reports at the meeting I went to last week and

20:34:49 we haven't seen any of them.

20:34:51 So I would like to see those.

20:34:55 And I would like everyone else to be able to see them.

20:34:59 That perhaps we could have those submitted to us before

20:34:59 --

20:35:00 >>THOMAS SCOTT: I agree.

20:35:04 >>MARY MULHERN: Before next week's meeting.

20:35:06 >>THOMAS SCOTT: The whole intent to get all the

20:35:07 information before the meeting to be prepared to talk

20:35:08 about in the meeting.

20:35:10 Is there a second?

20:35:12 Is there a second to that motion?

20:35:13 Moved and seconded.

20:35:17 All in favor signify by saying aye.

20:35:18 >>JOSEPH P. CAETANO: Mr. Chairman, when we have that

20:35:21 workshop, is the general public going to be --

20:35:24 >>THOMAS SCOTT: Yeah, always a public meeting.

20:35:27 >>JOSEPH P. CAETANO: Do we have to allow each person

20:35:29 three minutes to repeat the same thing?

20:35:33 >>THOMAS SCOTT: The rule is 30 minutes public comments

20:35:36 on -- behind each workshop.

20:35:39 30 minutes.

20:35:42 Once you reach 30 minutes that's it.

20:35:44 >>GWEN MILLER: Move to receive and file.

20:35:45 >> Second.

20:35:48 >>THOMAS SCOTT: All in favor signify by saying aye.

20:35:51 Anything else?

20:35:52 All right, we stand adjourned.

20:35:53 Thank you.

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