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TAMPA CITY COUNCIL

Thursday, March 10, 2011

5:01 p.m. Session


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[Roll Call]

17:08:39 >>JOSEPH P. CAETANO: Here.

17:08:40 >>YVONNE CAPIN: Here.

17:08:43 >>GWEN MILLER: Here.

17:08:43 >>CHARLIE MIRANDA: Here.

17:08:43 >>MARY MULHERN: Here.

17:08:46 >>THOMAS SCOTT: Here.

17:08:48 A few housecleaning items here.

17:08:50 Memo from Councilman Curtis Stokes, please be advised I

17:08:55 will be unable to attend the Thursday evening Council

17:08:59 meeting on Thursday, March 10th.

17:09:01 Thank you.

17:09:01 Okay.

17:09:08 We'll take up our 5:01 items.

17:09:20 >> Good evening, Council.

17:09:21 Catherine Coyle, zoning administrator for the city.

17:09:24 The first ordinance before you, and the series of

17:09:26 ordinances after this are the last several ordinances

17:09:28 of the July 2010 cycle.

17:09:31 The first one is for alcoholic beverages.

17:09:37 We began this journey in March of 2010 with a series of

17:09:40 workshops, public information workshops with the

17:09:42 general public.

17:09:43 And staff.

17:09:44 And the majority of the stakeholders.

17:09:46 And Council motion for these changes to be put in this

17:09:50 cycle.

17:09:50 What you have before you are the changes that were

17:09:53 transmitted by City Council to the Planning Commission.

17:09:56 With all of the use tables updated.

17:10:00 And all of the definitions updated as well, in a

17:10:06 special use criteria and 27-272 updated, as per your




17:10:10 direction, at the transmittal hearing.

17:10:13 I will note, just a couple minor corrections that I

17:10:18 would be asking between first and second reading.

17:10:20 And they're real purely for reference.

17:10:22 Just to clarify the references, under table 4-1, which

17:10:28 is on page 2, continued on page 3, there are two

17:10:31 footnotes.

17:10:32 18 and 19.

17:10:33 And footnote 18, after the first sentence, where it

17:10:37 says, the very end, it says meet the specific use

17:10:41 standards in section 272.

17:10:43 I'm asking to put the letter A at the end of that.

17:10:47 I'll show you.

17:10:49 Section A in 272 are for those alcoholic beverage

17:11:01 applications that are processing as an S-1.

17:11:03 Adding the A here only clarifies that it goes straight

17:11:06 to that section.

17:11:07 And then the second section, if any waivers are needed,

17:11:11 these applications process as an S-2 for the applicable

17:11:14 requirements of 272 A and B.

17:11:18 A includes specific standards for hotels, shoppers

17:11:20 goods, bowling alleys and so on.




17:11:22 And B is a special use criteria for a special use two.

17:11:26 This particular change, which is purely for reference,

17:11:30 is indicated in each table.

17:11:32 In the footnotes.

17:11:35 So I'm adding those particular changes.

17:11:39 Just as a clean-up item.

17:11:42 We also notice, Ms. Kert and I noticed in the

17:11:47 formatting, we did have a couple places where we had an

17:11:49 A and an A, we just changed them to a one.

17:11:53 Purely a formatting issue.

17:11:54 I'm available for any questions.

17:11:56 I believe there are several people here potentially

17:11:59 that would like to speak to the item.

17:12:01 I also did receive a comment, final comment from the

17:12:04 school board as of yesterday.

17:12:05 They are requesting to retain a thousand foot

17:12:10 separation to schools for all alcoholic beverage

17:12:14 applications.

17:12:15 I would note for the record that is double what the

17:12:18 county requires.

17:12:19 Hillsborough County.

17:12:21 And when looking at comparable cities, such as Sarasota




17:12:25 or St. Pete in the general vicinity, it is more than

17:12:29 double the requirement.

17:12:31 And within Sarasota, the city of Sarasota and St. Pete,

17:12:34 if you are an incidental use for alcohol, there are no

17:12:39 separation criteria.

17:12:40 So, we respectfully disagree with the school board on

17:12:44 that request, but they are here to acknowledge that

17:12:47 thousand feet is something they'd like to retain.

17:12:53 >>THOMAS SCOTT: Okay.

17:12:57 Someone from the school board want to speak?

17:12:59 The petitioner?

17:13:05 >> Motion to open up these public hearings, all of

17:13:08 them.

17:13:10 >>THOMAS SCOTT: Moved and second.

17:13:10 All in favor signify by saying aye.

17:13:11 Okay then, is the school board here?

17:13:14 Someone here from the school board want to address the

17:13:20 issue?

17:13:25 >> She did acknowledge on the phone to me that she

17:13:28 would be here.

17:13:29 >>THOMAS SCOTT: This is a public hearing.

17:13:30 Anyone wish to address Council?




17:13:32 >> Margaret Vizzi, 213 South Sherrill.

17:13:41 Once again, THAN still has some concerns about the

17:13:46 S-1s that are going to be taking place.

17:13:49 And because we didn't have any final document to vote

17:13:55 on, this has not been officially voted on, but

17:13:59 discussed over, as Cathy said, when this all first

17:14:02 started.

17:14:03 So, before your second reading on all of this, you will

17:14:09 probably get more comments from THAN.

17:14:13 But as far as the Westshore business district being

17:14:18 included with the downtown to be exempt and to be given

17:14:26 3:00 closings, there are five neighborhoods that

17:14:30 surround that Westshore business district.

17:14:33 And we have great concerns about all of that area, all

17:14:37 of the restaurants being able to, to stay open until

17:14:43 3:00 in the morning.

17:14:44 There should be a hearing on this.

17:14:48 And in some places, it may be okay, for example, in the

17:14:53 hotels.

17:14:54 But -- I spoke with someone from Westshore Palms today.

17:15:01 And I know the Lincoln Gardens, Carver City and Beach

17:15:05 Park, all of us who live so close to these areas are




17:15:10 concerned about it.

17:15:10 I know that Westshore alliance has been promoting it.

17:15:14 And I understood that it was not going to be in here,

17:15:17 but I understand that at the last, just before it went

17:15:21 to the Planning Commission, it did become approved.

17:15:25 So I'm just asking you that on page 10, at the very

17:15:29 bottom, number five, that you remove Westshore business

17:15:33 district as just to be in until 3:00 in the morning all

17:15:38 the time.

17:15:39 That is just -- there are too many restaurants around

17:15:43 the residential neighborhoods.

17:15:45 So I ask you please remove that.

17:15:47 Thank you.

17:15:53 >>THOMAS SCOTT: Yes, sir, Councilman?

17:15:55 >>CHARLIE MIRANDA: Thank you, Mr. Chairman.

17:15:57 Sometimes it's not too good to -- good to have pretty

17:16:00 good memory.

17:16:01 About a year and a half ago to 18 to 24 months ago I

17:16:04 should say, except for two members of the current

17:16:07 Council, this Council changed that portion of the law.

17:16:11 We voted 4-3 to change, let restaurants open to 3:00 in

17:16:17 the morning.




17:16:17 Oh, yes.

17:16:20 Oh, yes, we did.

17:16:23 We changed that law 4-3.

17:16:33 You want me to show it to you?

17:16:35 >> If I could clarify for the record, the law in

17:16:37 chapter 3 for hours of sales has been 3:00 a.m. for

17:16:41 many, many years.

17:16:42 I believe your reference --

17:16:46 >>CHARLIE MIRANDA: Let me be more specific.

17:16:48 What happened was that everyone that came here that was

17:16:50 a restaurant, was given, because of the location,

17:16:54 certain hours.

17:16:55 8:00, 9:00, 10:00, 11:00, and that was the bargaining

17:16:59 thing that we had between the neighborhoods, the city

17:17:01 and the petitioner.

17:17:02 We changed that and we said they can stay open to 3:00.

17:17:07 And I can tell you who voted against it.

17:17:11 But I'm not.

17:17:12 But I'm going to find that ordinance and bring it to

17:17:17 you.

17:17:17 Because we did do that.

17:17:21 >> Okay.




17:17:28 >>YVONNE CAPIN: I want to ask Cathy Coyle a question.

17:17:31 >>THOMAS SCOTT: You have a question?

17:17:33 >>YVONNE CAPIN: I do.

17:17:34 >>THOMAS SCOTT: Then we need to hear from the public.

17:17:36 >>YVONNE CAPIN: Cathy Coyle, S-1, what are the hours?

17:17:39 S-1, are there specific hours for S-1?

17:17:44 >> There are many different special use one

17:17:47 applications that are being permitted.

17:17:48 The serving one -- specific one that is being

17:17:51 referenced, transmittal hearing to the Planning

17:17:53 Commission, members of the Westshore alliance came

17:17:55 forward and asking Council to be treated the same as

17:17:58 downtown.

17:17:59 Which allowed 3:00 a.m. closing.

17:18:02 Council made an amendment to transmit to the Planning

17:18:05 Commission.

17:18:06 >>YVONNE CAPIN: Do you have present a map of what the

17:18:08 Westshore district looks like?

17:18:13 >>CATHERINE COYLE: I have the smaller graphic of it.

17:18:17 >>YVONNE CAPIN: It goes from where to where?

17:18:23 >>CATHERINE COYLE: We have three business centers in

17:18:25 the city, defined in the comp plan.




17:18:28 They're marked in dark blue.

17:18:30 This is the business center for Westshore.

17:18:33 It's essentially Hillsborough to the north, Dale Mabry,

17:18:38 the airport, south to the other end of the airport,

17:18:42 which is essentially the Drew Park area.

17:18:44 This area in here, this is boy scout.

17:18:48 The International Plaza area here.

17:18:53 Met west and some of those developments along Dale

17:18:55 Mabry.

17:18:55 This is 275, the area directly north of 275, the small

17:18:59 strip.

17:18:59 And then on the south side of 275, to the water's edge,

17:19:04 which is essentially Westshore plaza and some of the

17:19:06 commercial corridor along Kennedy.

17:19:07 It's those three predominant areas.

17:19:12 >>YVONNE CAPIN: Up to Hillsborough avenue, Dale Mabry,

17:19:15 the interstate in no, to Kennedy.

17:19:17 >> Also small portion on Courtney Campbell.

17:19:21 >>YVONNE CAPIN: Okay, Hillsborough, Dale Mabry,

17:19:25 Kennedy, and the water.

17:19:28 >>CATHERINE COYLE: Correct.

17:19:29 >>YVONNE CAPIN: Right?




17:19:30 >>CATHERINE COYLE: Which.

17:19:31 >>YVONNE CAPIN: Which airport is included.

17:19:33 >>CATHERINE COYLE: Just to clarify, the yellow

17:19:35 portions, those are the residential areas.

17:19:37 So it's just what's within the blue.

17:19:40 >>YVONNE CAPIN: So the residential abuts the blue?

17:19:42 >>CATHERINE COYLE: Correct.

17:19:43 >>YVONNE CAPIN: Okay.

17:19:48 >>THOMAS SCOTT: Okay.

17:19:49 Next speaker?

17:19:53 >> Susan long, 920 broad street.

17:19:56 I'm terribly concerned that all these wet buildings are

17:19:59 never even going to be notified to the neighborhoods.

17:20:01 One of the things we in Seminole Heights have done, we

17:20:04 put together amongst ourselves restriction that is we

17:20:06 would like to have.

17:20:08 On wet zonings and those places that apply for wet

17:20:11 zonings.

17:20:12 Since all of our commercial corridors abut directly

17:20:15 into residential neighborhoods.

17:20:16 Some of them into local historic districts.

17:20:20 We have put together for us things that work.




17:20:24 And to never even be notified that they're going to be

17:20:27 wet zoned and then they can do until 3:00 in the

17:20:30 morning will be a serious problem.

17:20:32 Those of you who have been on City Council know, know

17:20:36 we show up on wet zoning.

17:20:38 You want blast your music into the neighbors or close

17:20:42 by midnight or whatever it is.

17:20:44 We have put these together with a lot of thought and a

17:20:46 lot of conversation in the neighborhood.

17:20:47 If they become an S-1, all that's out the window.

17:20:51 The things that we have done to protect our

17:20:53 neighborhoods, to protect our residents are all gone.

17:20:55 Thank you.

17:21:01 >> I just wanted to char phi for Ms. Long, the ones

17:21:04 that are processing as an S-1, the 3:00 time limit

17:21:08 doesn't actually apply to many of these businesses.

17:21:10 They are exempt to allow to stay open, including

17:21:13 hotels.

17:21:14 Which are, have an exemption.

17:21:15 As well as retail establishments.

17:21:18 Such as grocery stores.

17:21:20 Grocery stores can stay open 24 hours a day.




17:21:23 They stop selling alcohol at 3:00 a.m.

17:21:25 Which is typical.

17:21:26 Only 3:00 a.m. inclusion, which was referenced by

17:21:29 Miss Vizzi is actually for the special restaurant,

17:21:33 that's only within the Westshore business center and

17:21:35 downtown.

17:21:36 Not in the rest of the city.

17:21:38 Just wanted to clarify that.

17:21:40 >>CHARLIE MIRANDA: Mr. chairman, just for the record, I

17:21:42 want to clear up what I said.

17:21:43 It was not an order E ordinance.

17:21:45 It was a policy of this Council that was changed in a

17:21:47 4-3 vote that the policy was changed so that

17:21:52 restaurants could stay open to 3:00 in the morning to

17:21:56 sell alcohol.

17:21:57 The policy of this Council in the past, up to about 18

17:22:00 to 24 months ago not to allow that.

17:22:02 And that's what we changed.

17:22:04 I can tell you the restaurant who did it.

17:22:06 I can tell you who represented the restaurant, but I

17:22:08 won't.

17:22:11 >> Just to let you know, just to piggyback on what I




17:22:13 was saying, Westshore and the central business district

17:22:16 are showing 3:00 a.m.

17:22:18 The rest of the city for special restaurants would be

17:22:20 11:00 p.m., Sunday through Wednesday, and 1:00 a.m.

17:22:24 Thursday through Saturday.

17:22:28 >>YVONNE CAPIN: Okay.

17:22:28 We are going to hear the public and then I'll ask you

17:22:31 my question.

17:22:34 >>GWEN MILLER: Next speaker?

17:22:37 >> Good evening, Council.

17:22:38 I'm Walter Crumbley with the Courier City Oscawana

17:22:41 group.

17:22:44 I met with Cathy Coyle and have been through four, five

17:22:50 meetings.

17:22:51 And gave her numerous input from our neighborhood and

17:22:55 what concerned us.

17:22:56 I've seen the proposed ordinance, and the changes I

17:23:01 would like to see made is for residential which embrace

17:23:08 the distance separation from 250 feet to 350 feet.

17:23:12 This gives them at least a block away.

17:23:17 The other thing is for other alcoholic beverage serving

17:23:22 groups, again, you raise that limitation from 250 to




17:23:28 350 feet, which means you can only have one per bar.

17:23:32 Actually, or next to last, I would suggest that if

17:23:41 someone, restaurant serving alcohol and it closes at

17:23:46 1:00 period.

17:23:47 That that would be an absolute limitation, that if you

17:23:52 want to serve alcohol in a restaurant setting, going by

17:23:56 the 51-49 rule that you close at 1:00.

17:24:01 And lastly, I think, I know that this is to simplify

17:24:08 the licensing process so that you don't have to deal

17:24:11 with every one.

17:24:13 But I would suggest that the requirement be put in

17:24:17 there that even on an administrative, an S-1

17:24:22 application, the neighborhood be notified in time

17:24:26 enough for them to get in there and put in their two

17:24:29 cents worth.

17:24:30 Otherwise, it just shows up and we don't know anything

17:24:33 about it or have any opportunity to have any input.

17:24:37 Thank you.

17:24:41 >>THOMAS SCOTT: Thank you.

17:24:42 Next speaker?

17:24:48 >> Good afternoon, Anne Pollack with Mechanik Nuccio,

17:24:51 305 South Boulevard.




17:24:53 I represent International Plaza shopping center.

17:24:56 And we are here to support these amendments that you're

17:25:00 making today.

17:25:00 We feel that it is a big step towards simplifying an

17:25:04 overly complicated, very expensive and very time

17:25:08 consuming process.

17:25:09 And it really will provide great support and

17:25:14 encouragement, especially to the business districts of

17:25:17 downtown and Westshore, of which International Plaza is

17:25:21 a part.

17:25:21 We would respectfully object to adding back in a

17:25:27 distance separation from schools.

17:25:30 We think that that would dramatically limit the

17:25:33 effectiveness of what you're trying to do, which is

17:25:36 avoid the situations where you've pretty much agreed on

17:25:40 the times and the businesses that you think is

17:25:44 appropriate to have alcohol and not needing them to

17:25:48 come before you and request waivers.

17:25:50 We would respectfully request that you approve this.

17:25:54 Thank you.

17:25:56 >>CHARLIE MIRANDA: May I ask you a question?

17:25:58 >> Yes.




17:25:59 >>CHARLIE MIRANDA: I'm trying to be pro neutral.

17:26:03 If you've ever heard of that word.

17:26:06 Not pro anything, but -- yeah, never heard that, I'm

17:26:12 making one up.

17:26:13 So what I'm trying to say is this.

17:26:15 You want to stay open to 3:00.

17:26:18 Right?

17:26:21 >> Certain businesses do.

17:26:23 >>CHARLIE MIRANDA: Certain business.

17:26:24 What if an ordinance could be drafted that would give

17:26:28 you the right to sell whatever you want up to that

17:26:33 time, and then from 12:00 to 3:00, it would have to be

17:26:36 strictly on the 51-49.

17:26:43 >> I, you know, I would have to find out, but it would

17:26:46 depend on the individual tenant.

17:26:47 Certainly for the mall, individual tenants, different

17:26:50 types of businesses have different goals.

17:26:53 >>CHARLIE MIRANDA: Let me say why I ask that.

17:26:55 I'm not trying to put you in a hot spot or difficult

17:26:58 situation.

17:26:58 If in fact you are a restaurant, which you aren't, and

17:27:02 I'm not speaking about you or your client, I'm just




17:27:04 making an assumption.

17:27:06 If someone close by has a 4(COP), our in direct

17:27:11 competition, withing a direct 4(COP), who was given

17:27:15 that privilege because that individual or that group of

17:27:18 individuals met the requirements of the law.

17:27:21 But in doing such, I as elected official in giving you

17:27:26 that same privilege without meeting the restrictions of

17:27:28 the law.

17:27:29 So that I'm saying I'll give it to you, but between

17:27:32 that hour and this hour, you have to meet the

17:27:34 restrictions of 51-49.

17:27:36 You don't look too happy.

17:27:40 >> I think it depends on a business by business basis,

17:27:44 what would be appropriate for how that one wants to

17:27:47 run.

17:27:47 Certain restaurants, certainly would be comfortable

17:27:51 with that and some might not.

17:27:52 And you know, from what I understand, there are the

17:27:57 putting hours limitations on most of the restaurants

17:28:00 anyway that are getting approved here.

17:28:02 So a lot of them wouldn't get to go until 3:00 a.m.

17:28:05 anyway.




17:28:10 >> I'm not clear, I thought that we were talking about

17:28:14 restaurants.

17:28:15 So don't think -- that's still the law, that they

17:28:20 have -- we haven't changed that, have we?

17:28:23 >>CHARLIE MIRANDA: Well, we.

17:28:24 And I'm not debating Ms. Mulhern, I think she's an

17:28:28 excellent Councilmember.

17:28:30 But let me say this.

17:28:31 I better say this, she has four years here with me.

17:28:34 Only joking.

17:28:35 What I mean is this.

17:28:36 When you look at the law and you apply to the principle

17:28:40 of fact, they don't match.

17:28:41 So, I'm not anti anything.

17:28:44 That's why I'm pro neutral.

17:28:46 I want to find out if the extension, if it is a

17:28:50 correct, if they have an R, like Robert, right next to

17:28:54 that 4(COP) or whatever it is, then you must meet that

17:28:58 criteria to stay open.

17:28:59 If that's the intent of the wholly zoning process on

17:29:04 alcohol, which is specifically, put them into different

17:29:08 categories, so that the neighborhoods and the city




17:29:10 would not be disrupted by that being there, that worked

17:29:12 for years.

17:29:13 And I'm trying to find a compromise by saying yes, you

17:29:17 want to apply to 3:00, that's fine.

17:29:19 But you have to serve the same proportion amount of

17:29:22 food, because then from 12:00 or 1:00 to 3:00, you're

17:29:26 not restaurant you're a bar.

17:29:27 And you're not licensed for a bar.

17:29:29 You have a bar.

17:29:30 And I'm doing, to somebody else -- I don't know,

17:29:35 somebody else may have that business and may want to go

17:29:37 there.

17:29:37 But they're comfortable with that, so they keep

17:29:40 drinking and it becomes a nuisance to the neighborhood.

17:29:42 That's what I'm saying.

17:29:44 >> If I could respond to that, just based on the

17:29:47 regulations that are before you, the special restaurant

17:29:50 with the 11:00 p.m. in the 1:00 a.m. and then the

17:29:53 regular the he threw hours in the central business

17:29:58 district, also require they have state license for

17:30:00 restaurant.

17:30:01 If you recall from our previous workshops, we were




17:30:03 trying to piggyback on the licensing requirements and

17:30:06 match up a little bit better with state law so we have

17:30:09 dual enforcement of those.

17:30:11 Along with that, we also limited outdoor amplified

17:30:14 music after 11:00 p.m.

17:30:16 It's no longer allowed.

17:30:17 We also did require that there's no sales within the

17:30:20 parking or loading areas.

17:30:21 But we also cleaned up the definition of restaurant.

17:30:25 >>CHARLIE MIRANDA: So what you're telling me and

17:30:26 telling the other Councilmembers, is that from 1:00 to

17:30:30 3:00, in your opinion, it's a restaurant?

17:30:33 >> Right.

17:30:33 If you read the definition of restaurant, which is the

17:30:36 essential requirement of what that use is, it's an

17:30:38 establishment whose principal business is the

17:30:41 preparation, serving and sell of food to the cubs mere.

17:30:44 It says food shall be continuously ready to be prepared

17:30:47 served and sold during all business hours of operation

17:30:50 for a restaurant.

17:30:51 All restaurants shall be appropriately licensed as a

17:30:54 restaurant or similar food type service --




17:30:57 >>CHARLIE MIRANDA: I understand that.

17:30:58 >> Kitchen always has to be open ready to go.

17:31:01 >>CHARLIE MIRANDA: I understand what you said and I

17:31:02 agree with the reading of what you read.

17:31:04 I disagree with the application to the thought of what

17:31:07 you said.

17:31:08 Meaning that you and I know and the rest of the world

17:31:10 knows that from 1:00 to 3:00, the food sales are going

17:31:14 to be five to 10%.

17:31:15 And alcohol is going to be the main menu.

17:31:19 And I'm not against alcohol.

17:31:20 But let's face reality.

17:31:22 We crafted an ordinance that should be a little

17:31:26 different from 1:00 to 3:00.

17:31:28 And maybe a little in the hours earlier, I understand

17:31:32 that they say oh, you know we are not selling too much

17:31:35 food because the food prices have gone up.

17:31:38 Well the alcohol prices have gone up.

17:31:40 So what I'm saying is, let's try to be a little bit

17:31:43 more fair, not you, the agenda-wise on the changing of

17:31:47 the ordinance, so they can have the same opportunity,

17:31:50 be open to 3:00, but be under some type of restriction.




17:31:54 Because I know if I go to a restaurant at 1:00 in 2

17:31:56 morning, and they're drinking and drinking, and yeah,

17:32:00 the kitchen is open.

17:32:02 So what?

17:32:03 They're not selling anything.

17:32:05 It's a bar.

17:32:08 >> So it's really asking for are the two areas of the

17:32:10 city that are allowed to have 3:00 a.m. sales, which is

17:32:13 downtown and Westshore, that they be required to have

17:32:17 an additional record keeping method from 1:00 to 3:00.

17:32:21 >>CHARLIE MIRANDA: I want to be fair to the

17:32:23 neighborhood.

17:32:23 I want to be fair to the business section.

17:32:25 I'm trying to work a compromise.

17:32:27 That's what I'm trying to do.

17:32:29 >> In the process for annual reporting, what we have

17:32:31 right now for an annual report, they show total sales,

17:32:35 food, nonalcoholic and alcoholic.

17:32:38 They look at the totals on their books.

17:32:42 >>CHARLIE MIRANDA: That will be correct.

17:32:43 I can apply that to any principle of life.

17:32:46 But it doesn't work out because the hours that




17:32:48 accidents and more things happen is later on at night.

17:32:51 >> I'm just trying to clarify for the record what

17:32:54 you're asking for, for now that to be separated out

17:32:56 between 1:00 and 3:00 a.m.

17:32:59 They tally that specific amount.

17:33:03 >>CHARLIE MIRANDA: One more thing, I'm sorry to hold

17:33:05 you up.

17:33:07 On the extended hours that you want to do from 1:00 to

17:33:10 3:00 or 12:00 to 3:00, that portion is an S-2.

17:33:13 The rest is an S-1.

17:33:16 >> Then what, all you'd need to do then to that would

17:33:19 be to actually take the Westshore and the downtown

17:33:22 area, take them out.

17:33:25 You just eliminate that language and then all

17:33:28 restaurants would be 11 and 1:00.

17:33:30 You would take out the last sentence.

17:33:32 >>CHARLIE MIRANDA: I'm just trying to be fair to both

17:33:34 parties.

17:33:35 >> Quite frankly, that would be the easiest thing to do

17:33:37 as opposed to requiring a new record keeping method for

17:33:40 businesses.

17:33:44 >>YVONNE CAPIN: Okay.




17:33:45 On, I was looking at that map, and the map of the

17:33:50 Westshore district, all of Dale Mabry up to Lincoln

17:33:55 Gardens and Carver City is in the Westshore district,

17:34:03 correct?

17:34:04 That's the neighborhood.

17:34:05 I mean the Westshore palm?

17:34:10 >> The Westshore business center surrounds, I believe

17:34:13 Westshore Palms, Lincoln Garden, Carver City, North Bon

17:34:17 Air, I know Beach Park is to the south.

17:34:21 There are several neighborhood associations in and

17:34:23 around the business center.

17:34:24 The business center couldn't cover the neighborhood

17:34:26 associations.

17:34:28 They are symbiotic, hopefully.

17:34:41 >> Good evening, Council.

17:34:42 My name is Lorraine Duffy Suarez, and I'm the general

17:34:46 manager for growth management for Hillsborough County

17:34:48 public schools.

17:34:50 Want to apologize that we have not been a part of any

17:34:52 of your workshops.

17:34:54 Quite frankly, we were unaware of this change that was

17:34:56 pending.




17:34:58 Once we found out, gotten in touch with your staff.

17:35:00 They have been wonderful.

17:35:02 Have changed the process now that we'll be involved in

17:35:04 all land development code changes.

17:35:06 So we are late in the game and I would have brought

17:35:09 these concerns to you earlier if I had known.

17:35:11 But I'm here today to bring those to you.

17:35:13 Along with me is Cathy [inaudible] facilities officer.

17:35:19 School district is concerned about any change to the

17:35:22 land development code that would allow the sale and

17:35:25 consumption of alcohol closer to the schools.

17:35:30 We worked with the staff and reviewed different options

17:35:32 to see if there wasn't a way to come to some type of

17:35:35 agreement, selecting out certain uses.

17:35:38 I know you've gotten quite detailed and I understand

17:35:41 why you're doing this.

17:35:43 Because you have a lot of waivers every single time.

17:35:45 School, public school system has about 75 K through 12

17:35:49 schools in the City of Tampa.

17:35:50 Have probably a few more centers in the city, so I

17:35:55 would not say we're like a house, where you have one

17:35:59 every time you turn around.




17:36:01 But there are a lot of schools, but not every single

17:36:03 place you turn.

17:36:04 I think it's important that we maintain that separation

17:36:08 for our students.

17:36:09 The concerns of our parents, many times we receive

17:36:12 concerns from our parents about the proximity of

17:36:14 alcohol sales.

17:36:15 And consumption to the public schools.

17:36:17 I'm glad you mentioned the map when I came in, I heard

17:36:21 talk of the map.

17:36:22 Because what happens here is we are setting up a system

17:36:25 where certain areas have different standards.

17:36:28 So, there would be sales perhaps closer to a school in

17:36:32 some places than in others.

17:36:34 In fact, the separation distance that I looked at

17:36:37 didn't actually mention schools.

17:36:39 It said residential areas and the business center.

17:36:43 In the Westshore and USF.

17:36:45 And then urban villages, 200 feet from other AB sales

17:36:50 were not even mentioned.

17:36:52 Let me say the amount of the city covered by these

17:36:55 urban villages and special districts, it's tremendous.




17:36:58 All these Tampa, all the Seminole Heights, all the

17:37:01 Westshore area, it adds up to a lot of land and a lot

17:37:06 of opportunity to have a conflict with the public

17:37:09 school system.

17:37:10 So, we would request that you retain the distance

17:37:13 separation for all your uses, even your new special

17:37:17 specified uses, as they currently stand, which is I

17:37:20 believe a thousand feet from a public school.

17:37:22 What we did find out, you often see a letter from us

17:37:25 objecting.

17:37:26 We only get noticed, we found out in this process, and

17:37:30 again this is going to help us on this, we only get a

17:37:33 notice, if the person, if the school lies within the

17:37:37 specified distance for noticing of the application,

17:37:40 which is about 250 feet.

17:37:41 We don't get a notice if they're asking for a waiver,

17:37:45 or if we are 650 feet and we are given a thousand feet.

17:37:49 A lot of times we miss opportunities to voice a concern

17:37:52 to you.

17:37:53 In the past, we are going to be able to do that from

17:37:56 now on.

17:37:57 To make sure we get an opportunity to review all those




17:38:00 petitions.

17:38:01 I hope you'll consider our concerns.

17:38:03 If you need any additional information, we are here to

17:38:06 answer any questions for you.

17:38:07 Thank you.

17:38:08 >> Good afternoon, Ron Rotella, Westshore Alliance.

17:38:17 As you know, the city has designated in its

17:38:23 comprehensive plan, downtown and Westshore are areas

17:38:25 for more intense development, more density, mixed use.

17:38:30 That's where we want rail to work and transit.

17:38:34 And what we requested is that the Westshore Business

17:38:36 District be treated similar to downtown.

17:38:40 And Mr. Miranda, I know where you were headed with

17:38:43 that.

17:38:43 And I appreciate what you were trying to do.

17:38:46 But most restaurants in Westshore, they don't stay open

17:38:50 till 3:00.

17:38:51 They would like the option to stay open to 3:00 if the

17:38:55 occasion arises.

17:38:57 I'll give you an example.

17:38:58 We'll be hosting the Republican national convention in

17:39:02 August of 2012.




17:39:03 Most people will be spending in the Westshore Business

17:39:06 District because that's where there's a thousand hotel

17:39:10 rooms.

17:39:11 So on that occasion, you'll probably have some

17:39:13 restaurants that will extend their hours, there will be

17:39:17 people from all over the world, meeting from all over

17:39:20 the world, that are used to, regard legislation of what

17:39:23 day, what time of day, they want a glass of wine with

17:39:29 their meal or a drink with their meal.

17:39:31 That's what people from all over the world would

17:39:34 expect.

17:39:34 So that's why we felt that Westshore should be treated

17:39:38 the same as downtown.

17:39:43 And have the same hours of operation.

17:39:46 They're both activity centers within the city.

17:39:49 My following comment on the school district's request

17:39:52 is in Hillsborough County, the district -- excuse me,

17:39:56 the distance separation is 500 feet.

17:39:58 In St. Petersburg, there is no distance separation for

17:40:02 schools.

17:40:02 I'm not sure what the empirical data is from 500 to a

17:40:09 thousand feet, what difference that makes.




17:40:12 So, we would support the current ordinance that you

17:40:17 have before you as far as the distance separations.

17:40:22 >>THOMAS SCOTT: Anyone else?

17:40:37 >> Good evening, Mr. Chairman, members of Council.

17:40:40 My name is Mark Bentley, 201 North Franklin Street.

17:40:45 I'm here representing two different organizations, the

17:40:48 Florida Petroleum Marketers and Convenience Store

17:40:48 Association and the Radiant Group.

17:40:51 And I spoke with Mr. Shelby.

17:40:54 I should be able to accomplish what I want to tell you

17:40:56 all three minutes.

17:40:57 In the event I should go over, I'd like a little

17:41:00 latitude.

17:41:01 Martin, is that appropriate?

17:41:04 >>MARTIN SHELBY: Mr. Bentley is representing two

17:41:06 clients.

17:41:07 He should have opportunity to say things relative to

17:41:10 each client.

17:41:11 So would be my opinion if he does need extra time, it

17:41:13 would be appropriate.

17:41:17 >> Maximum of six.

17:41:19 >> I won't use that by nigh means.




17:41:22 Thank you very much for the opportunity.

17:41:25 I staff has been doing a great job and been very

17:41:29 responsive, in interacting with the, some of the

17:41:33 stakeholders like my clients.

17:41:35 Appreciate what the Council is trying to do here in

17:41:37 part to facilitate redevelopment, new development.

17:41:41 It's just small businessmen getting through some of

17:41:44 this bureaucratic quagmire.

17:41:47 Just to put everything in context, the city being

17:41:50 enacted first wet zone code in 1945.

17:41:53 That point in time city was obviously rural in

17:41:55 character and no such thing as a convenience store.

17:42:00 Fast forward 66 years, you have the same separation

17:42:03 requirements for a convenient store that you had in

17:42:06 1945.

17:42:07 That's really not realistic, especially under certain

17:42:12 circumstances, which I'll point out to you in a few

17:42:14 seconds.

17:42:15 I want to talk about convenience store industry and

17:42:22 some of the time and expense associated with going

17:42:24 through the present process, which is considered and

17:42:28 S-2 to get a 2(APS) for a convenience store.




17:42:31 And in most instances, several waivers.

17:42:34 I think historically when I did research, I didn't see

17:42:37 one convenience store within the last the three years

17:42:39 that didn't require a waiver under the present code.

17:42:41 The present code caused a lot of delay for these small

17:42:45 businessmen.

17:42:46 Can you imagine just going through the process, takes

17:42:48 three months.

17:42:50 The preparation of the documents, site plans, surveys,

17:42:53 elevations, takes about 30 days.

17:42:55 The average cost and maybe some of these lawyers here,

17:42:58 they probably verify this.

17:43:00 I've talked to some of them.

17:43:01 The filing fee alone is $2,100.

17:43:03 The average cost between all the costs of surveys,

17:43:07 etcetera is about 10 to thousand dollars.

17:43:11 You've got a situation here where a property owner

17:43:13 wants to lease property.

17:43:14 He's got to wait four months or so.

17:43:16 Then the buildout with the tenant is a few months down,

17:43:19 or 60 days, whatever it is.

17:43:22 Meanwhile the property owner is losing rent.




17:43:23 The businessman's losing opportunity to make some

17:43:27 income.

17:43:27 So what's going on here makes a lot of sense.

17:43:30 We're trying to expedite the process and reduce the

17:43:33 cost.

17:43:34 And encourage small business development in these

17:43:37 economically burdened times.

17:43:38 And what's being proposed here or suggested by the

17:43:44 school board, for example, wouldn't pertain to just my

17:43:47 clients, convenience stores.

17:43:48 Would also relate to a Publix or a Walgreen's,

17:43:51 etcetera.

17:43:51 Just want to address the school board had mentioned.

17:44:01 My perspective, the school board's arbitrarily

17:44:04 suggesting thousand foot separation.

17:44:06 Cathy pointed out St. Pete and another jurisdiction, I

17:44:09 don't recall, also we looked at Clearwater.

17:44:12 There's no separation requirement.

17:44:13 If the sale is package sale, incidental to the primary

17:44:18 use of the property, or business of the property, which

17:44:21 a convenience store is.

17:44:22 Convenience store typically, their gross sales of




17:44:25 alcohol relative to all their gross sales, percentage

17:44:27 about 10 to 15%.

17:44:29 Anyhow, the school board suggesting this one thousand

17:44:34 foot separation in, there's no need to do that.

17:44:37 The Florida legislature in 1999 enacted a law, state

17:44:40 law indicating that the school board, or school boards

17:44:45 and legislators were concerned about the consumption on

17:44:51 premises and the separation between schools and places

17:44:55 that sell and consume on premises.

17:44:56 So the legislature enacted a law, a 500 foot

17:44:56 separation, if you're actually drinking on the

17:44:56 property.

17:45:03 You can see somebody being inebriated.

17:45:06 Or being disorderly.

17:45:07 That might have some negative effect on school board or

17:45:10 children or their operations.

17:45:12 But to the contrary, package sales at a convenience

17:45:16 store or a Walgreen's of a six pack to someone who is

17:45:20 not consuming on the property, none of the city's

17:45:21 present codes, you can't consume on the property under

17:45:25 a nuisance law, TPD doesn't allow that.

17:45:29 And they inspect the facilities.




17:45:31 Someone just buying a six pack and taking it home or a

17:45:33 bottle of wine is not going to have adverse effect on a

17:45:37 school facility.

17:45:38 Especially in commercial areas, Kennedy Boulevard,

17:45:40 etcetera.

17:45:41 You know, no drinking on the premises.

17:45:47 Just to arbitrarily suggest a thousand feet is

17:45:50 illogical.

17:45:51 I think the school board shouldn't be shifting its

17:45:54 responsibility to assure the protection of students and

17:45:56 protection of its facilities on to the small

17:45:59 businessmen in the community.

17:46:00 Especially in the economy we're dealing with right now.

17:46:02 It's fundamentally unfair.

17:46:05 Finally, Mr. Rotella brought this issue up.

17:46:14 There's absolutely no empirical data that suggestions

17:46:18 the amendment before City Council suggested by the

17:46:20 school board.

17:46:26 There's no data, absent the data, I'll show you in a

17:46:30 second.

17:46:31 Actually supports the staff is proposing and what City

17:46:34 Council, I won't say adopted, but shifted the Planning




17:46:38 Commission a while back, is that these convenience

17:46:42 stores should be treated as an S-1.

17:46:44 I surveyed City Council action agendas from June 2007

17:46:51 to May 2010, and all of these were convenience stores

17:46:55 2(APS) and all required some form of waiver.

17:46:58 Distance separation requirement.

17:47:00 City Council approved 24 out of 26 of these convenience

17:47:06 stores, 92%.

17:47:07 What this suggests is that this is just a perfunctory

17:47:12 exercise for these convenience stores to go through at

17:47:14 a cost of sometimes $20,000 in four to five month,

17:47:19 which is completely unnecessary, and the data impair

17:47:23 that is out.

17:47:24 You didn't hear anything from the school board,

17:47:26 justification of a thousand feet.

17:47:27 You didn't hear anything about complaints, about

17:47:30 convenience stores, Walgreen's or Publix.

17:47:32 Okay.

17:47:33 So the data bears itself out.

17:47:35 So I think, you know, in this economic climate, it's

17:47:41 really an injustice to the small businessmen have to go

17:47:44 through all this bureaucracy and this expense when we




17:47:48 know based on the data, it's not necessary.

17:47:50 Okay.

17:47:51 So what I would recommend the City Council is you

17:47:54 adhere to what the staff recommended in terms of the

17:47:57 separation requirements, which would

17:48:02 Be zero.

17:48:06 Certain conditions for 2(APS).

17:48:07 Thank you very much.

17:48:09 >>THOMAS SCOTT: Thank you.

17:48:10 >> Mr. Chairman, could you receive and file my

17:48:14 analysis?

17:48:15 >>THOMAS SCOTT: Yes.

17:48:22 >>THOMAS SCOTT: Question?

17:48:26 Councilmember Capin?

17:48:28 >>YVONNE CAPIN: Ms. Coyle, I'm going to bring you back

17:48:30 to incidents to primary use, because that's what was

17:48:34 used for the brewery, tasting room.

17:48:40 Cigar City.

17:48:44 And the reason I'm bringing that up is because it was

17:48:47 incidental to primary use.

17:48:49 Correct?

17:48:51 And it was defined exactly what that primary use was,




17:48:55 which is a brewery, correct?

17:48:57 >>CATHERINE COYLE: Yes.

17:48:58 >>YVONNE CAPIN: Okay.

17:48:59 So if it is a brewery, therefore, if the brewery no

17:49:02 longer exists, the tasting room cannot be there.

17:49:08 >>CATHERINE COYLE: That's correct.

17:49:10 >>YVONNE CAPIN: Correct?

17:49:10 But it stays with the land, correct?

17:49:13 It's a land use.

17:49:15 >>CATHERINE COYLE: It's a land use permit.

17:49:17 >>YVONNE CAPIN: Permit, correct.

17:49:18 Now, the only use for that property is another brewery.

17:49:25 To have -- in order to have, to use that permit as a

17:49:32 tasting room, it has to be a brewery.

17:49:37 >>CATHERINE COYLE: I don't what to say definitively

17:49:39 what the conditions were of that plan.

17:49:41 I believe you are correct, that the tasting room was

17:49:43 incidence tam and accessory to a brewery.

17:49:46 And that is the condition of that site plan of that

17:49:49 permit.

17:49:50 >>YVONNE CAPIN: What I'm leading to here, this seems to

17:49:53 me like a very, a solution that, if we were to permit




17:50:01 alcoholic beverage incidental to primary use, which I

17:50:05 believe I'll get to that in a minute.

17:50:08 And define the primary use, then that land use,

17:50:17 whatever goes in there has to be what that primary --

17:50:21 what the definition of the primary use is.

17:50:24 Not a restaurant, not a -- it is defined exactly what

17:50:28 that primary use is.

17:50:31 >>CATHERINE COYLE: I believe what you are really

17:50:33 getting to is, just as an example, city of Sarasota, I

17:50:37 mentioned it earlier.

17:50:40 Their separation requirements for alcohol are none if

17:50:45 sales of alcohol is incidental to the primary use.

17:50:47 You don't have to define the primary use in that sense,

17:50:51 in that term.

17:50:52 The principal use of the building or of that property

17:50:54 is whatever it is.

17:50:55 If it's a restaurant, if it's a dry cleaner, whatever

17:50:58 the primary use is.

17:51:00 Alcohol will be incidental to that.

17:51:03 >>YVONNE CAPIN: Okay.

17:51:04 >>CATHERINE COYLE: We have a definition of incidental

17:51:06 as well in this revision.




17:51:10 >>YVONNE CAPIN: But what I'm trying to get at, if we

17:51:13 were very specific as to what that primary use was, we

17:51:17 basically are saying to that land that is being, that

17:51:25 land use is restricted to exactly what was defined as

17:51:30 the primary use?

17:51:33 >>CATHERINE COYLE: Yes, you are correct in what you're

17:51:34 saying.

17:51:36 >>YVONNE CAPIN: But there's a change of use, for

17:51:37 instance, that the Cigar City brewery, if there's a

17:51:41 change of use, there can no longer be a tasting room.

17:51:48 >>CATHERINE COYLE: That's right.

17:51:48 If they want to sell alcohol continuously, they would

17:51:51 need to come back and ask for additional approval of

17:51:55 whatever process.

17:51:56 >>YVONNE CAPIN: They would have to come back.

17:51:57 That's my point.

17:51:57 If we did incidental to primary use on alcoholic

17:52:02 beverage and defined the primary use, then if -- if it

17:52:09 changes, then that alcoholic beverage cannot be served

17:52:14 any more.

17:52:14 It, they have to come back to City Council -- in other

17:52:19 words, it's not an R that stays with the land use.




17:52:24 It is incidental to primary use and primary use is

17:52:27 defined, which is what was done with the brewery.

17:52:29 If we did that with alcoholic beverage permitting,

17:52:35 wouldn't that, wouldn't that -- wouldn't that be

17:52:41 exactly what everyone's looking for?

17:52:43 To be able to define that use because it is a land

17:52:49 use --

17:52:53 >>CATHERINE COYLE: That is what we do currently.

17:52:54 It's just that the process itself, all applications

17:52:57 come to City Council.

17:52:57 What's being proposed before you are specific principal

17:53:02 uses that have accessory alcohol, like a convenience

17:53:06 store, a gas station, a hotel with a hundred plus

17:53:10 rooms.

17:53:10 All of those are primary uses of property.

17:53:13 Alcohol is incidental to them.

17:53:16 Those uses, we're taking a class of primary uses that

17:53:20 generally and reasonably are expected to have alcohol,

17:53:23 we're taking those types of uses and making them an

17:53:26 administrative permit with specific criteria.

17:53:29 Certain closure times, certain, you know, applicability

17:53:32 to how you sell alcohol, your state license.




17:53:36 Everything else, if you don't fit into one of these

17:53:39 specific categories that can process as an S-1, then

17:53:43 you fall to City Council as a special use two.

17:53:46 We are defining what those acceptable primary uses are.

17:53:49 That's what this code is doing.

17:53:55 >>YVONNE CAPIN: Okay.

17:53:56 So it's restaurant, convenience stores, that's what

17:53:59 you're saying.

17:54:00 >>CATHERINE COYLE: Correct.

17:54:01 >>YVONNE CAPIN: In the incident of the brewery, it was

17:54:03 different from anything we have.

17:54:08 >>CATHERINE COYLE: A brewery with accessory tasting,

17:54:10 consumption on-site, would more than likely come to

17:54:14 City Council as a special use two.

17:54:15 As a small venue or a large venue.

17:54:19 So you would still see those applications.

17:54:21 Those would not be processed administratively.

17:54:23 If I could, I wanted to go back to the beginning

17:54:34 briefly just to remind Council of how we got here.

17:54:37 You know, we started in March of 2010 with Council

17:54:43 asking about how we do our permitting, how the state

17:54:47 does their licensing.




17:54:48 And basically how we can better bridge the conflicts

17:54:51 between the two and looking at enforcing our

17:54:54 regulations as well.

17:54:56 We did an analysis, if you recall, and you received

17:55:00 this table quite a few times.

17:55:03 It's probably in the backup to this text amendment.

17:55:06 There are 30 or so different jurisdictions around the

17:55:09 state that were surveyed.

17:55:10 Different cities and counties, beach communities, large

17:55:14 and small.

17:55:17 Unless they were dry counties, obviously, they were

17:55:20 most of them are put on this table.

17:55:21 What we discovered through this, looking at all of the

17:55:26 larger jurisdictions, Orlando, Gainesville,

17:55:28 Hillsborough County, Jacksonville, Miami, St. Pete,

17:55:31 Sarasota, and so on, Tampa is the most restrictive

17:55:39 process that there is.

17:55:40 We require all alcohol to come to a public hearing.

17:55:45 We require all alcohol to have a thousand foot

17:55:47 separation from every specified use.

17:55:50 There is no other jurisdiction that we could find that

17:55:52 had anything even remotely similar to that.




17:55:55 It has been, just like Mr. Bentley said, 60 some odd

17:56:00 years that we have kept that requirement.

17:56:02 Even though our city has grown over the years.

17:56:06 That led into, just like with any land development

17:56:09 regulation, because this is a land development

17:56:11 regulation.

17:56:12 Us looking at our comprehensive plan and how it defines

17:56:18 where the development should go in the city.

17:56:20 This map that I showed you earlier is the vision map.

17:56:23 It's the visual representation of the planning

17:56:25 districts.

17:56:26 And all the city form components that make up the city

17:56:30 and guide the future of the city.

17:56:32 You have urban villages, business centers, our larger

17:56:35 planning districts, and mixed use corridor villages.

17:56:38 Then you have a series of different types of

17:56:40 neighborhoods from urban, all the way down to rural.

17:56:43 And those are based on intensity.

17:56:45 Just can to clarify the point that Ms. Suarez made from

17:56:49 the school board, there are several colors throughout

17:56:53 the city that are urban villages.

17:56:56 And the brown lines are the corridors.




17:56:58 I would not say that it is the bulk or the majority of

17:57:01 the city.

17:57:02 All. Yellow that is shown on the map, none of that

17:57:06 area lies within these specific city form components,

17:57:10 with the exception of the corridors that run through

17:57:12 them.

17:57:12 And there are very few of them.

17:57:14 Predominantly they're major arterial state roads.

17:57:18 Looking at this map and then looking at the actual

17:57:20 policies in the comp plan that specify what this map

17:57:24 says, and this is where we started.

17:57:27 Looking at business centers, urban villages, missioned

17:57:30 use corridors and transit and transit stations, these

17:57:33 three in particular, business center, urban village and

17:57:36 mixed use corridor village, the policies and objectives

17:57:39 call for mixed use redevelopment, enhanced retailed

17:57:43 viability, vertical mixed use, so that you have

17:57:46 commercial on the bottom, residential on top,

17:57:49 integration of land uses, enhancement of the corridors

17:57:52 for commercial viability.

17:57:53 And so on.

17:57:55 There's an expectation over the next 20 year horizon




17:57:58 that these areas within the city will grow and will

17:58:02 have a mixed use character.

17:58:04 Retaining a thousand foot separation to residential in

17:58:07 a lot of these areas is unlikely.

17:58:11 Especially given that you would have a vertical mixture

17:58:14 of uses, commercial and residential.

17:58:16 Looking at the existing development pattern in the city

17:58:19 as well, we do have most of our corridors immediately

17:58:22 abutting residential.

17:58:23 With all of that, that's where we started our public

17:58:27 information workshops.

17:58:28 Where we called people in and we discussed all of the

17:58:31 evidence that we had found.

17:58:32 And we tried to come to a compromise position, where

17:58:36 everyone could agree which specific uses primary uses

17:58:40 we could call out that were generally acceptable

17:58:42 throughout the city and that tied to the state licenses

17:58:45 better than we do today.

17:58:47 The first example is the hotel one hundred plus rooms.

17:58:50 It is reasonable to assume, if you have a property

17:58:53 large enough for a hotel and that hotel is viable in

17:58:57 that particular area, with a hundred plus rooms, that




17:58:59 it is going to have some type of restaurant oar small

17:59:02 bar.

17:59:02 There is a special hotel license that the state, it is

17:59:07 an S license, and that license is specifically for

17:59:10 hotels one hundred plus rooms.

17:59:12 We carved that one out as an administrative permit with

17:59:16 specific criteria.

17:59:19 It says very clearly that you have to receive that S

17:59:21 license from the state.

17:59:22 You have to be incidental to a hotel one hundred plus

17:59:27 room.

17:59:27 No outdoor amplified music and sales are not to be

17:59:31 located within the parking or loading area.

17:59:33 It's that type of scenario we went use by use.

17:59:36 What is a reasonable use that you could reasonably

17:59:38 expect in these mixed use areas, in these business

17:59:40 centers along these mixed use corridors?

17:59:43 That itself included shoppers goods, your Publixes,

17:59:49 Sweetbays, larger grocery stores.

17:59:52 Convenience, gasoline and specialty retail.

17:59:55 Where you are tied to have a 1(APS), which is beer

17:59:58 package only, 2(APS), which is beer and wine package




18:00:01 only.

18:00:01 You have to be incidental to those uses.

18:00:06 The 3 PS is listed for the licensure, is only for

18:00:11 shoppers goods.

18:00:12 It is reasonable to assume, as you've seen many come

18:00:14 before you and I have yet to remember one that you've

18:00:17 denied, a Publix come forward for a liquor store.

18:00:20 A sweet pay come forward for a liquor store.

18:00:22 As some of the people that spoke that actually speak on

18:00:26 behalf of the industry, it is a two to three month

18:00:30 process and certain expenditure for something that

18:00:33 regularly City Council adopts with waivers.

18:00:36 We are also in a posture as staff and as legal counsel,

18:00:42 to make sure that you are as safe as possible in the

18:00:46 decisions you make.

18:00:47 And you have over the past 60 something years granted

18:00:50 waivers continually to these distance separation

18:00:55 criteria.

18:00:56 The more waivers you grant, potentially the less they

18:00:58 actually mean.

18:00:59 What we were trying to do is coming up with a

18:01:03 reasonable amount of distance for certain areas of the




18:01:06 city.

18:01:06 But also put in specific criteria by primary use so

18:01:10 that that use would operate appropriately and tie

18:01:13 better to the state license as well as be able to give

18:01:16 us a better enforcement mechanism.

18:01:18 I do ask that you approve this in its current state

18:01:22 with a few amendments that I've asked for.

18:01:24 And I'm available again for any questions.

18:01:26 >>THOMAS SCOTT: Councilman Caetano.

18:01:30 >>JOSEPH P. CAETANO: Being that Cigar City was brought

18:01:32 up, the brewery, is there a special size for that

18:01:38 brewery in order to qualify the tasting room?

18:01:42 >> A brewery is actually licensed by the state.

18:01:45 We don't issue an alcohol permit for breweries, because

18:01:48 it's just manufacturing.

18:01:49 I don't know if there's a special size requirement for

18:01:53 on-site consumption.

18:01:55 >>JOSEPH P. CAETANO: So we issued them a license to

18:01:56 have a tasting room because there's a brewery there,

18:01:59 correct?

18:02:00 >> We issued a permit to have a tasting room.

18:02:03 Incidental to a manufacturing facility.




18:02:06 >>JOSEPH P. CAETANO: What if the brewery goes away?

18:02:09 >> The permit itself is linked as an incidental use to

18:02:12 the microbrewery.

18:02:14 So if the brewery goes away and they want to occupy

18:02:17 that space with something else for sales, it will

18:02:19 either have to be a like crow brewery or they're going

18:02:22 to have to come for new approval.

18:02:25 >>JOSEPH P. CAETANO: You could have a brewery at your

18:02:26 basement at home because you can buy a package where

18:02:29 you can brew beer.

18:02:31 >>CATHERINE COYLE: The definition, we do have a

18:02:34 definition of microbrewery in our code, which I don't

18:02:36 believe I have with me.

18:02:39 But it is a brewery that brews less than 60,000-barrels

18:02:42 per year.

18:02:43 The state as well does define microbreweries.

18:02:46 Because they license them.

18:02:47 Microbrewery is an establishment in which the principal

18:02:56 purpose is production of malt liquors or beer,

18:03:00 including fermentation, bottling and distribution of

18:03:02 beer, which includes accessory uses that are tourist

18:03:07 oriented, such as tours, retail sales of beer and




18:03:09 related food products.

18:03:11 Maximum annual production, 60,000 barrels.

18:03:15 >>YVONNE CAPIN: Thank you.

18:03:16 So since we -- that was brought up again.

18:03:19 That property zoning, they could put a bowling alley

18:03:24 there.

18:03:26 The zoning of that particular property, the Cigar City

18:03:29 brewery property had one of the highest uses, if I

18:03:35 recall, so my point is that even if they put, they want

18:03:41 to put a bowling alley, they cannot serve -- they

18:03:45 cannot use the alcoholic permit unless it is a brewery.

18:03:50 In other words, the zoning of that property is

18:03:55 intense -- I'm not sure -- and they could use it, they

18:04:00 could put a bowling alley, theater, anything there.

18:04:03 And my point is that unless it is a brewery, the

18:04:08 tasting room, they cannot use the alcoholic beverage

18:04:12 permit.

18:04:13 It has to be a brewery.

18:04:15 It cannot be a restaurant.

18:04:16 It cannot be a bowling alley.

18:04:19 It cannot be a theater, which that property has the

18:04:23 zoning for all of these use -- permit -- uses.




18:04:28 Therefore it's very specific to the alcoholic beverage.

18:04:36 If we did that more often, then we would basically be

18:04:43 sunsetting the permit.

18:04:46 And that's what I'm trying to get at.

18:04:49 If we did more incidental to, incidental to use and

18:04:55 specified what the use was, no matter what the property

18:04:58 zoning is, they would have to -- whoever moved in there

18:05:03 would have to be specifically that which we described.

18:05:11 Yes?

18:05:16 >>CATHERINE COYLE: Under current law and even the

18:05:18 proposed law, you do have to specify what your primary

18:05:21 use is and what your alcohol sales is incidental to.

18:05:24 It's just a requirement.

18:05:27 The alcoholic beverage sales, unless it's the primary

18:05:32 use, is a bar, lounge, nightclub or a package store,

18:05:35 pure package store, alcohol is always incidental to

18:05:38 something else.

18:05:38 There are very few cases where it is the primary use.

18:05:42 There's always a definition of what the primary use is.

18:05:45 So in the case that you're describing, regardless if

18:05:48 it's a microbrewery or hotel or bowling alley, if they

18:05:52 change to something else, they'll have to come in for a




18:05:54 new permit.

18:05:55 That's correct.

18:05:59 >>CHARLIE MIRANDA: Thank you, Mr. Chairman.

18:06:00 Let me see if I can put all this into simplification of

18:06:05 words.

18:06:05 Which is difficult to do at times.

18:06:07 When you have an R, say it's a restaurant, and you're

18:06:14 under the scrutiny of 51-49.

18:06:16 And you sell the restaurant, while it's open, there's

18:06:20 no problems.

18:06:21 License is changed, the land is already zoned for that

18:06:24 operation.

18:06:24 Am I correct?

18:06:28 >>CATHERINE COYLE: As long as you've kept the permit

18:06:30 active.

18:06:31 >>CHARLIE MIRANDA: However, if that area, and let me

18:06:33 tell you why it's done that area.

18:06:34 If in that time, a restaurant closes and there's no

18:06:38 sales for 30 days, what happens to that license?

18:06:42 >>CATHERINE COYLE: It's 60 now.

18:06:44 City Council increased it from 30 to 60.

18:06:48 >>CHARLIE MIRANDA: As we get smart ser, we get longer.




18:06:51 >> If there's no sales within 60 day, we'll post the

18:06:53 property and mail a certified letter to the property

18:06:55 owner and the holder of the will be -- license, letting

18:06:58 them know --

18:07:00 >>CHARLIE MIRANDA: In other words, that's not been an

18:07:01 hour, we have gone two sentences.

18:07:03 It dries up.

18:07:06 In essence?

18:07:09 >>CATHERINE COYLE: If there's no extension, it dries

18:07:12 up, yes.

18:07:13 >>CHARLIE MIRANDA: However, if that business owner

18:07:14 comes with a little phony ticket from a register that

18:07:17 he or she brings in and puts, I sold one drink for

18:07:21 8.95, gives it to you, what happens?

18:07:25 >> Nothing.

18:07:27 >>CHARLIE MIRANDA: Nothing.

18:07:28 >> No, no -- we have a new process we put into place a

18:07:32 few years ago.

18:07:33 I think it was before you came back to count.

18:07:35 It's resumption of sales process.

18:07:37 There is evidence, I believe there's either nine to 13

18:07:40 different items that you do have to present for




18:07:42 consideration.

18:07:43 It includes showing that you have active electricity,

18:07:46 that your water is on, your building is actually open

18:07:49 and active.

18:07:50 We had several cases where buildings were burnt down,

18:07:52 were boarded up and they said they were selling

18:07:54 something.

18:07:55 We used to accept the receipt because there was no

18:07:57 provision.

18:07:58 Now we actually have several differ things we do.

18:08:01 >>CHARLIE MIRANDA: But if somebody wanted to

18:08:04 circumvent, they could meet that criteria and still

18:08:07 leave it like it was?

18:08:09 But I'm not going that far in.

18:08:11 Why do we do what we do?

18:08:13 Why do we dry them up?

18:08:16 Because things shift in the city.

18:08:18 City's always moving in some form or another.

18:08:21 Not the residents, but the units around the period of

18:08:26 time in which these zonings are granted and it's a

18:08:29 privilege to these individuals to sell alcohol under

18:08:31 the R zoning.




18:08:32 They change.

18:08:33 Some neighborhoods come closer in, others go further

18:08:36 out.

18:08:36 So we do that with the intent of working with the

18:08:40 neighborhoods to make sure that all of them are

18:08:42 protected.

18:08:43 I would assume.

18:08:45 If not, your license without any hearings and without

18:08:48 anything at all times.

18:08:50 So we do have in place the protection of the people

18:08:55 because as things change, the petition has to prove to

18:09:00 the citizens and this Council, whoever they may be,

18:09:03 that these things are still workable under the new

18:09:06 conditions.

18:09:06 So therefore, when they come in, they know what to

18:09:10 expect.

18:09:14 You look puzzled.

18:09:17 >>CATHERINE COYLE: It sounded rhetorical.

18:09:19 I understand.

18:09:20 [ Laughter ]

18:09:20 >>CHARLIE MIRANDA: You understand what I'm saying?

18:09:22 And to go further, my good friend Rotella, Mr. Rotella




18:09:26 brought up hotels.

18:09:27 Okay, I'll omit the hotels.

18:09:29 That they don't have to qualify under that because

18:09:31 they're encapsulated in a building and they're not

18:09:34 going nowhere but to sleep.

18:09:37 Maybe.

18:09:38 You like that, huh?

18:09:43 But that's what I'm saying.

18:09:46 I'm not opposed to that section.

18:09:49 I'm opposed to giving carte blanche.

18:09:52 I like to see fairness on both sides of the issue.

18:09:57 I've bent on hotels, I've bent on the order.

18:10:00 Just give me something to hang my hat on so we can work

18:10:03 this thing out.

18:10:10 >> Move to close the public hearing.

18:10:12 >> Second.

18:10:13 >>THOMAS SCOTT: Moved and second.

18:10:13 All in favor signify by saying aye.

18:10:14 What's Council's pleasure?

18:10:19 >> Mr. Chairman, I move for approval --

18:10:21 >> Have to read the ordinance.

18:10:22 Hold it.




18:10:27 >> Charlie, you want to read it?

18:10:28 It's kind of long.

18:10:29 I'll read it.

18:10:30 An ordinance of the City of Tampa, Florida, relating to

18:10:33 alcoholic beverage sales regulations, making

18:10:35 comprehensive revisions to the City of Tampa code of

18:10:38 ordinances, chapter 27, zoning, amending section 27-77,

18:10:43 official schedule of district regulations, amending

18:10:46 section 27-78, district regulations, for M-AP airport

18:10:50 compatibility districts, amending section 27-177,

18:10:55 historic district established, amending section 27-267,

18:11:00 classes of special use permits, agent or body

18:11:05 responsible for each general procedure amending section

18:11:09 27-269, general standards amending section 27-270,

18:11:14 conditions and safeguards, amending section 27-272,

18:11:18 regulations governing individual special uses, amending

18:11:22 section 27-438, official schedule of permitted

18:11:26 principal, accessory or special uses, amending section

18:11:30 27-451, district and subdistricts established

18:11:35 procedures for rezoning, amending section 27-522,

18:11:39 specified districts for increased security

18:11:42 requirements, amending section 27-523, expiration,




18:11:46 suspension and revocation of approvals for alcoholic

18:11:51 beverage sales, posting of notice for discontinuance of

18:11:54 sales, evidence of resumption of sales, amend being

18:11:57 section 27-524, records, annual reports, violation of R

18:12:02 classification zoning requirements, amending section

18:12:05 27-545, definitions, providing for severability,

18:12:12 repealing all ordinances or parts of ordinances in

18:12:12 conflict therewith, providing an effective date.

18:12:25 >> Second.

18:12:27 >> Did I miss any line?

18:12:29 >> Except for the fact that you have a request to add

18:12:32 those revisions, minor revisions.

18:12:36 >> They will be included.

18:12:37 By second reading.

18:12:41 >>CHARLIE MIRANDA: Mr. Chairman, I just have the

18:12:43 privilege to say I am not going to support.

18:12:46 I would like to support it.

18:12:48 I would omit the hotels from the Westshore district,

18:12:50 the fine people that are there.

18:12:51 And I would vote for it if on the restaurant side they

18:12:54 would put a special use of those hours from 1:00 to

18:12:58 3:00.




18:12:59 We are talking about two hours.

18:13:00 I would do that to meet the qualifications of 51-49.

18:13:04 But without that, I cannot give it my full support.

18:13:08 >>YVONNE CAPIN: Mr. Chairman?

18:13:09 I will also not be supporting it because I feel that we

18:13:13 need to revisit the Westshore business district and

18:13:17 maybe define it a little define the area better.

18:13:23 And have some more input from the neighborhood.

18:13:26 Thank you.

18:13:34 >>MARY MULHERN: I heard a lot of concerns about this

18:13:36 tonight.

18:13:36 I don't feel comfortable, while I think a lot of it is

18:13:39 good and necessary.

18:13:42 We heard a lot of concerns from neighborhoods about the

18:13:45 specifics though.

18:13:46 I just don't see the urgency of doing this, especially

18:13:51 with having a new Council soon, and having the

18:13:56 opportunity for us to really look at this.

18:14:02 >>THOMAS SCOTT: Have a motion on the floor.

18:14:04 Fall favor signify by saying aye.

18:14:07 Opposes?

18:14:10 >> Motion did not carry with Capin, Miranda and Mulhern




18:14:15 voting no and Stokes being absent at vote.

18:14:18 It will be carried over for full Council vote.

18:14:24 >> It's not quasi-judicial.

18:14:27 >> Is that correct, Mr. Shelby?

18:14:32 >> Next regular meeting.

18:14:35 >> At the next regular Council meeting.

18:14:38 >>MARTIN SHELBY: If I can.

18:14:39 This is a nonquasi-judicial matter.

18:14:41 I'm sorry, Council's rules have changed relatively

18:14:53 recently on this.

18:14:54 I want to be sure.

18:14:57 >>THOMAS SCOTT: I believe it goes to the next meeting.

18:15:00 >>MARTIN SHELBY: Do you want to raise an issue.

18:15:02 >>CATHERINE COYLE: Yes, if I could.

18:15:04 Catherine Coyle.

18:15:05 What I heard from the public was the condition on the

18:15:08 special restaurants was the primary issue with

18:15:11 Westshore being included for the 3:00 a.m.

18:15:13 I'd be more than happy to strike that.

18:15:16 That was actually at the motion of Council for the

18:15:18 transmittal hearing.

18:15:19 That was not a staff addition.




18:15:21 I can certainly strike that.

18:15:22 I didn't actually hear anything about the hotels, which

18:15:26 we could bring up again.

18:15:27 But, I would ask that you reconsider the vote and

18:15:30 strike the Westshore business center within the

18:15:34 3:00 a.m. inclusion, which seemed to be the predominant

18:15:39 issue.

18:15:41 Unfortunately, denying this particular item or carrying

18:15:43 it over, this is a wholesale process change, which

18:15:48 eliminates a lot of the requirements and extra burden

18:15:51 that we have in these processes.

18:15:53 I would ask that you, you reconsider your vote and

18:15:57 strike the Westshore business center.

18:15:59 >>MARTIN SHELBY: If I can, I define --

18:16:03 >>THOMAS SCOTT: Pardon me?

18:16:04 >>MARTIN SHELBY: I did find the provision of Council's

18:16:05 rules that do apply to this.

18:16:07 It's rule 4-C.

18:16:08 If a motion to approve denial, continue an ordinance or

18:16:12 resolution of a legislative matter, which this is, and

18:16:15 fails to receive at least four votes at least in

18:16:18 support or opposition, it shall automatically be




18:16:20 brought before the Council at the next regular meeting

18:16:23 as unfinished business.

18:16:24 So Mr. Clerk, you are correct.

18:16:26 I apologize for holding that up.

18:16:31 >>THOMAS SCOTT: But we spent an hour and almost ten

18:16:33 minutes on this item tonight.

18:16:35 It is, Ms. Coyle, the way this ordinance is presented,

18:16:45 there is protection in there still for the

18:16:47 neighborhood, as I understand tonight, that we are the

18:16:51 most restricted jurisdiction in all of the state of

18:16:53 Florida.

18:16:54 Is that accurate?

18:16:56 >>CATHERINE COYLE: That's correct.

18:16:56 >>THOMAS SCOTT: I will tell you that as long as there's

18:17:01 protection, because what I heard tonight, we generally

18:17:04 grant waivers about, according to Mr. Bentley, about

18:17:07 92, 94%.

18:17:08 When they come.

18:17:10 I will tell you after just coming off of the campaign

18:17:14 trail, the biggest issue I heard from small business

18:17:16 is, is the regulations that we have that are costing

18:17:20 and choking them out.




18:17:21 That they cannot do business, and they cannot function

18:17:25 because of the rigid regulations and what we have in

18:17:28 place now.

18:17:29 So, I mean, the motion that we have to carry forward

18:17:37 till next meeting is fine.

18:17:38 But at some point, we are in a down economy.

18:17:42 It's important, one, yes, we protect our neighborhoods.

18:17:46 I agree with that.

18:17:47 But secondly, if we don't find a way how to help these

18:17:52 small businesses, we are going to continue to choke

18:17:55 them out and more burden going to be placed upon

18:17:58 landowners in terms of tax revenue.

18:18:00 In order for this city to continue to thrive.

18:18:04 I'm just telling you the facts as they are.

18:18:06 Yes?

18:18:11 >>MARY MULHERN: We voted.

18:18:11 So we can talk about it next time.

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

18:18:16 >>CHARLIE MIRANDA: I'm not rebutting, I agree what you

18:18:19 said.

18:18:19 No question about that.

18:18:20 But there's always a middle road issue.




18:18:22 Like I said earlier, I'm not opposed to omitting the

18:18:25 hotels out.

18:18:26 I think it would be unfair, always I said one side to

18:18:29 the other side, for us to say okay, Westshore is

18:18:32 omitted completely.

18:18:33 No, I think Westshore should be given the opportunity

18:18:35 for the restaurants to come back for special use and

18:18:38 maybe we can grant that.

18:18:40 I'm saying, I'm trying to be as fair as I can, both

18:18:44 business and neighborhood friendly, and it's very

18:18:47 difficult to do when something is written in this form.

18:18:49 Not you, the way it's written, it gives everything

18:18:52 carte blanche in a way that doesn't come before us,

18:18:55 doesn't have a public hearing.

18:18:57 The neighborhoods are not involved in it, to most of

18:19:00 the degrees, so therefore we have doubt.

18:19:03 Any time you have change, there's some doubt

18:19:05 automatically comes with it.

18:19:06 What I'm trying to express is let's get the middle of

18:19:09 the road, and I've compromises.

18:19:12 Let the hotels out.

18:19:13 They're certainly not going to go out there and drive a




18:19:16 car in a hallway.

18:19:17 And things of this nature.

18:19:18 But, if you have a restaurant, you can stay open till

18:19:22 3:00.

18:19:22 But after a certain hour, 12:01, you have to come back

18:19:26 for special use because I know and you know that the

18:19:30 preponderance of the time, yeah, there might be a

18:19:33 convention or two in town, and there might be some

18:19:35 people eating at 2:00 or 3:00 in the morning, but the

18:19:38 greatest majority of the time, it is a bar, with an R.

18:19:41 That's what I'm saying.

18:19:43 >> If I could, Mr. Miranda, just to respond.

18:19:46 What I was --

18:19:48 >>CHARLIE MIRANDA: I'm not opposing 1(APS).

18:19:52 >> The restaurants seems to be the issue.

18:19:53 What I'm saying is not striking Westshore completely.

18:19:56 It's literally striking the reference under special

18:19:59 restaurant, the hours throughout the city for special

18:20:01 restaurant are 11:00 and 1:00.

18:20:03 The exemption that is in here is for downtown and

18:20:07 Westshore.

18:20:09 It sounds from the audience that Westshore is the




18:20:11 issue.

18:20:12 I was saying in order to keep this moving forward, to

18:20:14 take Westshore out of this provision.

18:20:16 And that way even Westshore would be 1:00 a.m.

18:20:19 If they wanted to stay open past one, they would come

18:20:22 to you as a special use.

18:20:24 >>CHARLIE MIRANDA: I understand that.

18:20:25 But to say you're letting Westshore off is also wrong.

18:20:29 They're the greatest business district and largest

18:20:30 business district in the state, with over 35,000 people

18:20:34 working there.

18:20:34 That's also in my opinion, to take them, strike them

18:20:41 out is not the way it is.

18:20:41 But I think they ought to be, you said you are not

18:20:42 opposed to having a special use from that time to that

18:20:44 time.

18:20:44 I'm for that.

18:20:45 I think the neighborhoods would agree for that and we

18:20:47 could all be in the same ballpark.

18:20:50 But we are not.

18:20:51 >>CATHERINE COYLE: That's what I'm trying to say.

18:20:53 By eliminating that statement, Tess not killing




18:20:55 Westshore in the provision.

18:20:57 It is making them a special use too.

18:20:59 Doing exactly what you're saying.

18:21:01 >>CHARLIE MIRANDA: We are not going to have five

18:21:03 hundred or hundred or 50 or 25 or 15 of these special

18:21:06 uses.

18:21:07 You're going to have very limited amount of them

18:21:10 because that's how it is.

18:21:11 That's my opinion.

18:21:12 I may be wrong, but I don't think you'll see a flood of

18:21:15 them coming in to do this.

18:21:19 >> Mr. Chairman, we have a motion that carried, so he

18:21:23 make a motion that we carry this over to the next week.

18:21:26 >> Second.

18:21:28 >>GWEN MILLER: I'm just making sure it's clear.

18:21:33 >>JOSEPH P. CAETANO: Mr. Rotella, can't speak 1234.

18:21:36 >>GWEN MILLER: We closed if hearings.

18:21:38 >>THOMAS SCOTT: Okay, let's move to item two.

18:21:41 >>JOSEPH P. CAETANO: Send us a letter and tell us what

18:21:43 you want.

18:21:48 >>MARTIN SHELBY: Also, Council, just a reminder,

18:21:50 because this is not quasi-judicial, there is no rule




18:21:54 against ex parte communication.

18:21:57 It's legislative.

18:22:00 >>THOMAS SCOTT: Item 2.

18:22:01 I hope first item is not a sign of what this evening is

18:22:08 going to be like.

18:22:13 >>CATHERINE COYLE: Thank you, Council.

18:22:15 Catherine Coyle, land development.

18:22:16 I did a brief PowerPoint presentation just to run

18:22:19 through the history.

18:22:20 Of the Seminole Heights project.

18:22:24 If you recall, Council, the greater Seminole Heights

18:22:33 area is a designated urban village within the

18:22:37 comprehensive plan.

18:22:38 The first slide shows you variation of different

18:22:48 architectural styles, residential and commercial was in

18:22:51 the area.

18:22:52 As I mentioned, Seminole Heights is an urban village

18:22:55 designated within the comprehensive plan.

18:23:00 Creating a place where people can live and work, a

18:23:02 place which is sustainable.

18:23:05 And environmentally friendly an protecting its

18:23:08 resources.




18:23:09 You'll note that within the area, there are

18:23:10 approximately four, almost five square miles of land

18:23:14 located approximately four miles from downtown.

18:23:17 It is centrally located.

18:23:20 It has significant natural resources as it's bounded on

18:23:23 the west and the north by the Hillsborough river.

18:23:25 It does have an open and complete street through it as

18:23:27 well and a variation in the historic development

18:23:30 pattern.

18:23:31 As I mentioned, approximately five square miles, which

18:23:34 is 2.66% of the city land area.

18:23:37 There's approximately according to 2007 planning data,

18:23:41 22,000 residents and almost ten thousand households.

18:23:45 This is just a brief description of all of the meetings

18:23:49 that have occurred.

18:23:50 We did kick-off this session in February of 2008.

18:23:54 The first part of this, which council adopted just last

18:23:57 year, was creating the vision plan for Seminole

18:24:02 Heights.

18:24:03 Which is required by the comp plan for Seminole

18:24:05 Heights, Tampa Heights and the 40th Street planning

18:24:07 area that we complete those by 2015.




18:24:10 This is the very first one that came through.

18:24:12 We have had a series of meetings from February 2008,

18:24:15 all the way through, through the visioning process.

18:24:20 Then the creation of the code.

18:24:21 All the way to basically today.

18:24:23 Including the adoption in August of the plan and the

18:24:28 plan amendments as well as additional workshops, City

18:24:31 Council and the public on the proposed code.

18:24:33 The form-based code strategy, which is called out under

18:24:36 the community planning section of the comprehensive

18:24:40 plan focuses on regulating the physical form, creating

18:24:42 a place.

18:24:44 Looking at the relationships between the built

18:24:46 environment and the public realm.

18:24:49 Street to building, building to pedestrian, and

18:24:53 pedestrian to vehicle.

18:24:54 The goals of Seminole Heights in this exercise really

18:24:59 stem from quite a few different things several years

18:25:01 ago.

18:25:01 Including a very controversial rezoning.

18:25:04 As well as a business guild strategic business plan

18:25:09 that was done with the Planning Commission for the




18:25:11 business area within Seminole Heights.

18:25:13 As well as a very active, there's three very active

18:25:16 neighborhood associations that have continually stay,

18:25:19 they've stay engaged with city staff as well as City

18:25:22 Council.

18:25:23 And what occurs in their area.

18:25:25 Couple of our goals were to reduce conflicts between

18:25:28 the regulations that we have today.

18:25:30 Those conflicts often culminate in a plan development

18:25:35 rezoning, where you have a list of six or seven waivers

18:25:38 before you for reduction in parking, reduction in a

18:25:42 setback, reduction in the landscaped area, all to make

18:25:45 either a re-use of a building or a slight expansion of

18:25:47 an existing building fit under current code.

18:25:51 So we had to compare those codes and basically come up

18:25:54 with what is a good requirement for this particular

18:25:56 area based on the development pattern always it exists

18:26:00 and the character of the area.

18:26:01 The second one is really to draft those regulations as

18:26:05 I said for commercial and residential to fit the

18:26:07 pattern.

18:26:08 Something unique for the area.




18:26:10 To enhance the future of this particular village,

18:26:14 create economic development.

18:26:15 Retain property rights.

18:26:17 When you're writing a new regulation, you do have to

18:26:19 make sure to retain those property rights of the

18:26:22 underlying zoning.

18:26:24 And also make sure we include those processions for the

18:26:26 residential areas that have always been there.

18:26:28 The first piece to this, and you'll note in your

18:26:31 packets as well, the code has a new look to it.

18:26:34 This is article XXV of chapter 27, the greater Seminole

18:26:38 Heights district.

18:26:39 It's not different, any different in format of the code

18:26:42 as the central business district is article XVIII, the

18:26:45 Channel District is article XIX.

18:26:47 Seminole Heights is article XXV.

18:26:48 However, the look and feel of the code is different.

18:26:51 It's differently formatted.

18:26:52 It is our first staff work integrated, very descriptive

18:26:58 tables, as well as graphics that show you immediately

18:27:02 what it is, what your opportunities are on your

18:27:05 property.




18:27:05 This district, the FHRS district, which is Seminole

18:27:09 mites, just like we had sea breeze, CDBG.

18:27:12 We have Channel District, CD.

18:27:15 SH is a unique prefix for Seminole Heights.

18:27:19 RS stands for residential single-family.

18:27:21 And that covers the bulk of the area.

18:27:23 If you remember the visioning plan, that was shown

18:27:26 through that process, approximately 78 to 80% of the

18:27:30 area is residential single-family zoning.

18:27:32 This would cover the bulk of the area.

18:27:34 And they retained their RS classification.

18:27:37 Many of the requirements are similar.

18:27:40 And we did try to retain as many of the provisions of

18:27:43 the overlay residential overlay that currently exist in

18:27:46 Seminole Heights as well.

18:27:47 The front yard average is between the adjacent

18:27:50 structures, the side yard is seven feet.

18:27:52 Can be reduced to three for porte cocheres.

18:27:54 The rear yard is 20.

18:27:57 The lot width is 50 feet and the area is five thousand,

18:28:01 which is your typical residential single-family lot.

18:28:03 Accessory buildings, you have your 60-foot setbacks in




18:28:07 front.

18:28:07 Three feet from the rear and the sides.

18:28:10 Then there are various other provisions for reductions

18:28:14 in setback and other building form standards.

18:28:17 What I want to highlight to you as I go through the RS

18:28:20 district, that was the first page.

18:28:22 This is the second page of the RS district.

18:28:24 And this is the vertical cross-section of the building,

18:28:27 looking at use placement, floor to floor, looking at

18:28:31 the description and the graphic of the finish grade and

18:28:34 finished floor.

18:28:35 Dealing with the principal building and the accessory

18:28:38 building height, as well as defining how height is

18:28:43 actually measured.

18:28:44 It's defined in our code, it's echoed here.

18:28:47 As well as different building features that are exempt

18:28:49 from height.

18:28:49 In these two pages for this particular district, we

18:28:52 have combined at least a dozen different references in

18:28:57 the current code into two pages.

18:28:59 It's a unique way of doing it and we have been able to

18:29:05 do it through a descriptive table, where provisions




18:29:08 from 27-126, 27-100 for lot measurements, section

18:29:14 27-130 for buffer requirements.

18:29:18 27-98 for height exemptions, all of those types of

18:29:23 provisions in the current code, which now if you're an

18:29:26 RS-50, you have to hunt and peck between the code

18:29:29 requirements.

18:29:29 We have been able to combine them and retain that

18:29:32 quality and requirements within two pages for the RS

18:29:35 district.

18:29:35 Looking briefly at the CG and CI, the build two

18:29:43 requirement of ten feet.

18:29:44 The interior side, which is zero as it currently is,

18:29:49 rear yard at 15.

18:29:50 And the lot width is 75 feet and 7500 square feet.

18:29:54 Current requirements typically are 75 to 100 feet in

18:30:00 width and 10,000 square feet.

18:30:02 Certain areas of the city can certainly accommodate

18:30:04 that on larger arterial roads.

18:30:07 Seminole Heights, longer commercial corridors are very

18:30:10 shallow lots, very narrow lots, individually broken up

18:30:14 parcel by parcel.

18:30:15 Can be difficult to redevelopment single lot, because




18:30:20 they're uniform across the city.

18:30:22 We did include, which define encroachments and

18:30:27 additional allowances within the build to line.

18:30:31 And protect requirements for the building form.

18:30:36 The second page as it was with residential, you can see

18:30:39 the pattern and how the code is written.

18:30:41 This is the vertical cross-section showing you the two,

18:30:44 three and four story versions of how those uses would

18:30:49 be placed.

18:30:50 Specific requirement for the height and bulk of the

18:30:52 principal building and accessory building, as well as

18:30:56 some basic architectural requirements for transparency

18:31:00 and materials.

18:31:03 This is just an example of a couple of the residential

18:31:08 building form types that are included.

18:31:10 Current overlay has a very specific standard.

18:31:12 It is two or three specific requirements.

18:31:14 It's a standard roof pitch.

18:31:16 A ribbon drive is encouraged.

18:31:18 It's a standard finish floor requirement.

18:31:22 Looking at a survey of the entire area, which was

18:31:25 conducted by staff, windshield survey, identifying the




18:31:28 residential architectural forms that are out there,

18:31:31 there are varying characteristics.

18:31:33 And there are clusters of certain types throughout the

18:31:35 area.

18:31:36 These two are the predominant ones and the bulk of the

18:31:40 area, which are the crafts men, southern vernacular,

18:31:44 arts and crafts, and the second one, Spanish eclectic.

18:31:48 There are many other types.

18:31:49 There's a menu of them in the code itself.

18:31:51 What this does, the top picture gives you the basic

18:31:55 graphic with the identifiers of what those components

18:31:59 are.

18:31:59 The table tells you the specific requirements for front

18:32:02 porch width, the location, the depth.

18:32:04 The finished floor requirement, roof pitches, garage

18:32:07 locations and so on.

18:32:09 They're the basic form components of that particular

18:32:11 style.

18:32:12 The parking regulations, which are also an issue

18:32:16 throughout the city in Seminole Heights in particular,

18:32:18 given the narrow corridors that we have, there's a

18:32:22 general reduction in a lot of the parking requirements,




18:32:25 two or more reasonable standard based on the size of

18:32:28 the land.

18:32:28 We also allow, we put in a certain amount of allowances

18:32:33 for tradeoffs.

18:32:35 Personal tradeoffs for bicycle racks, motorcycle

18:32:40 parking, installation of on-street parking.

18:32:43 As well as allowing additional parking reductions if

18:32:48 you're actually re-using a building.

18:32:50 With minor alterations or additions.

18:32:53 These are some of the standard cross-sections for the

18:32:56 public realm.

18:32:57 They do range from a 39-foot right-of-way all the way

18:33:00 to a 100-foot right-of-way, which show you the

18:33:04 inclusion in many scenarios of wider sidewalks, tree

18:33:07 planting areas, bike lanes, on-street parking, reduced

18:33:11 width in the drive lanes for an urban section and so

18:33:14 on.

18:33:15 As O as I think I showed new the last workshop, just as

18:33:20 an example, we worked with the neighborhood in several

18:33:22 working sessions.

18:33:23 We highlighted four different locations throughout the

18:33:26 development area.




18:33:27 And we tried to choose different ones.

18:33:29 A vacant one, one with a building with additions, one

18:33:33 with a building as a pure re-use.

18:33:36 This particular one is a vacant piece of parking lot

18:33:41 land.

18:33:42 And what we did, we took that land and basically

18:33:45 redeveloped it in plan and in three dimension, based on

18:33:50 the code requirements that we're showing you today.

18:33:53 And this is essentially what this two acre piece of

18:33:55 property could potentially generate.

18:33:58 You see the building.

18:33:59 You see the building at the front of the property.

18:34:03 It is a vertical mixed use with the commercial on the

18:34:05 bottom, residential on top.

18:34:07 They do have the residential amenity deck on the top.

18:34:10 To the rear is the parking, with the inclusion of many

18:34:14 pervious materials.

18:34:15 I believe there might be a rain garden in there.

18:34:19 Use of native species for plantings and so on.

18:34:23 This is an example, just to show you, this is the

18:34:39 current development.

18:34:40 Current development of the corner of Osborne and




18:34:44 Florida.

18:34:44 It's one of the last remaining really character

18:34:50 commercial buildings in the area.

18:34:52 Very unique in its style.

18:34:54 It has a couple different uses on the bottom.

18:34:57 The adjacent site to the north is a parking lot for an

18:35:00 auto body repair.

18:35:01 This example shows you what could happen.

18:35:05 Oops, sorry.

18:35:06 What could happen, which is the minor right-of-way

18:35:09 improvements.

18:35:10 The inclusion of a bike lane and additional trees.

18:35:12 If that building were -- if that property to the north

18:35:17 were to be developed with the building located to the

18:35:20 north in an urban section, a two-story example with, if

18:35:25 you can see the green building, the existing building.

18:35:28 That's second level was filled in.

18:35:32 And then ultimately the three story, if that were to

18:35:36 occur, with a third story being added on to the

18:35:38 existing building.

18:35:40 And of course lots of trees and shade for the

18:35:42 pedestrian.




18:35:43 This is just a quick example of Osborne and Nebraska.

18:35:49 The other end to the east.

18:35:50 This is currently what exists, vacant lot to the north

18:35:54 and the one story kind of blocked up building to the

18:35:56 south.

18:35:57 This is essentially a one story example of what could

18:36:01 be done if those buildings were to be opened up as a

18:36:04 storefront, with the one-story addition to the north,

18:36:07 covering that lot.

18:36:08 If that were to be two story, and ultimately three, the

18:36:13 corner building having a rooftop restaurant.

18:36:20 With that, I would also like to acknowledge that we

18:36:26 worked diligently as well on the landscape requirements

18:36:30 because they're often conflicts between zoning buffer

18:36:33 and landscape requirements and parking.

18:36:35 We have put those particular requirements side by side.

18:36:38 And we identified with the Parks Department,

18:36:42 transportation, stormwater, all these came together and

18:36:45 looked at the varying requirements and how they

18:36:47 conflicted.

18:36:48 Which was the most restrictive.

18:36:50 Which was the least restrictive.




18:36:52 And what was the best option for this particular area

18:36:55 of the city, given its geography and its development

18:36:58 pattern.

18:36:59 And we came up with a very specific list of tree

18:37:02 species, which are tailored to more impervious, less

18:37:08 irrigation -- less irrigated areas.

18:37:11 That are shade and color and predominantly evergreen,

18:37:16 but that can grow under story to overhead power lines,

18:37:20 which this hear has many of.

18:37:21 So we were trying to carve out a long, lengthy but

18:37:24 descriptive list for people of the types of trees and

18:37:27 shrubs and ground cover that they can use in this area

18:37:31 so that we don't wind up with trees V'ed out by utility

18:37:36 companies, trees dying because they're lacking

18:37:38 sufficient irrigation or if they're in certain types of

18:37:41 impervious areas.

18:37:43 That is about all that I have for you today.

18:37:45 I can go through more if you would like, I'll be

18:37:49 available for any questions.

18:37:50 I would note that there are just a couple minor tweaks

18:37:53 that I need to make by second reading.

18:37:55 Page five of exhibit B.




18:37:59 The side interior one car and two car setbacks should

18:38:02 be labeled three to seven feet.

18:38:05 The minimum transparency requirement on page 19 of

18:38:10 exhibit B, I do need to add some defining language

18:38:14 referencing our current definition of architectural

18:38:17 features or elements.

18:38:20 Such features can include

18:38:24 Display windows, display boxes and doors, and that

18:38:25 windows with the inclusion of decorative elements such

18:38:30 as louvers and shutters.

18:38:32 Just a strict requirement of transparency gave the

18:38:34 illusion that it was all glass.

18:38:38 It does include many other features defined in the

18:38:41 code.

18:38:42 Transparency is only measured within the first 15 feet

18:38:44 of the facade.

18:38:45 And the last revision is just a cleanup item on page

18:38:51 35.

18:38:51 I referenced table 443.1, it should be 554.1.

18:38:57 I'm available for any questions.

18:38:59 >>THOMAS SCOTT: Any questions?

18:39:01 No questions?




18:39:02 Okay.

18:39:02 Anyone from the public wish to address Council on item

18:39:06 2?

18:39:06 Anyone from the public?

18:39:08 Do you have any objections?

18:39:15 >> Hi.

18:39:15 I don't have any objections.

18:39:17 I have been --

18:39:20 >>THOMAS SCOTT: State your name.

18:39:21 >> Kelly Benjamin.

18:39:22 I live in Seminole Heights, 301 East Lambdeth.

18:39:25 There's four members of the Council up here today.

18:39:29 I think this is a very important step for Seminole

18:39:33 Heights to take.

18:39:33 I think it's very unique neighborhood.

18:39:36 I'm in full support of the form-based coding that was

18:39:38 just laid out here.

18:39:40 I would, I'd love to see the Council appreciate the

18:39:43 time and work and effort that went into crafting this

18:39:47 and I think ultimately it's going to create a more

18:39:50 livable neighborhood within the city.

18:39:53 And I wish the Councilmember who represents this




18:39:55 district was here right now.

18:39:57 But, it is something that ultimately is going to move

18:40:01 the neighborhood forward.

18:40:02 >>THOMAS SCOTT: He's watching.

18:40:03 He can see in the back.

18:40:04 They have a Twiggs and everything in the back.

18:40:09 >> Thanks, Mr. Scott.

18:40:11 And I think it's something that has worked in other

18:40:16 neighborhoods, in different cities across the country.

18:40:18 I think that it's something that's high time and it's

18:40:22 also re-creating some of the livability that we had

18:40:24 traditionally in the neighborhood like Seminole Heights

18:40:27 that we lost somewhere along the way.

18:40:29 And I feel this is the kind of thing that is going to

18:40:31 move us back in the right direction to re-creating that

18:40:34 and pushing the neighborhood forward.

18:40:36 And hopefully Seminole Heights is just the first step

18:40:38 in that, eventually we can begin to re-create that in

18:40:42 other neighborhoods.

18:40:43 Thank you.

18:40:44 >>THOMAS SCOTT: Thank you very much, Mr. Benjamin.

18:40:45 Next speaker?




18:40:48 >> Good evening, Bruce Gibson.

18:40:50 1227 east Henry avenue, Tampa.

18:40:52 From early 1999 and -- until about the end of 2001, I

18:41:01 was on the board of the old Seminole Heights

18:41:03 Neighborhood Association and part of a group of

18:41:06 residents from all three neighborhoods at that time

18:41:11 that did research, worked together and wrote and

18:41:15 lobbied for the current Seminole Heights residential

18:41:17 overlay district.

18:41:19 That ordinance was signed in August of 2001.

18:41:23 It wasn't perfect.

18:41:24 There have been some problems with it over the years,

18:41:26 but overall I think it's been very helpful.

18:41:29 The code that is being offered tonight is really miles

18:41:35 ahead of the things that we were doing back from '99 to

18:41:40 2001.

18:41:40 This is much more comprehensive in its scope, by

18:41:43 including the commercial properties and the detail that

18:41:46 it goes into.

18:41:47 And I think it still is working to meet the same goals

18:41:51 of ensuring compatibility of new development that

18:41:56 enhances quality of life and property values for all of




18:41:59 the neighborhood and it's built on the historic context

18:42:03 of the area.

18:42:04 And for those reasons, I support the passage of this

18:42:07 ordinance.

18:42:08 That said, I do have a couple of concerns that I'd like

18:42:13 to bring up.

18:42:14 And the way I would ask that they would be resolved,

18:42:19 would be simply to ask staff if they could perhaps give

18:42:23 a little more consideration, probably, possibly one

18:42:27 more revision to the ordinance sometime between,

18:42:32 assuming it's passed, in between now and when the

18:42:35 rezonings actually take place that would make these new

18:42:38 zoning categories apply.

18:42:40 My first concern is with section 27-549.

18:42:45 And that is the residential building forums.

18:42:49 This section applies to the four residential zoning

18:42:51 categories.

18:42:52 I really like this section.

18:42:55 And I'm glad that the code is going to address

18:42:58 architectural character.

18:43:00 However, as it's currently written, there are 12

18:43:03 different character types.




18:43:05 And all of them with differing requirements.

18:43:07 And I think this is too many and I'm afraid it would

18:43:12 have the unintended consequence of undermining the

18:43:16 goals of the form-based zoning, which is for

18:43:19 compatibility of new construction and consistency with

18:43:24 what is already there.

18:43:25 My second concern is that there's not a corresponding

18:43:30 set of architectural character requirements for the

18:43:34 three primary commercial zoning districts.

18:43:37 There are some restrictions on materials, but that's

18:43:42 where it leaves off.

18:43:43 And I think that's a missed opportunity that I would

18:43:48 hope would stay open at least just a little bit longer.

18:43:53 Probably going to run out of time, but again, back to

18:43:56 the concern with the residential building form section.

18:44:00 There are 12 different character forms that are

18:44:05 outlined.

18:44:06 And it sort of implies that they're all equally found

18:44:10 in equal numbers throughout the neighborhood.

18:44:12 But in fact, that really is not the case.

18:44:14 In fact, there's a category for Queen Anne, but there's

18:44:19 only one known category of that in the neighborhood.




18:44:23 >>THOMAS SCOTT: Thank you very much.

18:44:23 Next speaker?

18:44:27 >> Chairman Scott and the Council, my name is Ann

18:44:38 McDonald.

18:44:39 I live at 5605 Ninth Street North in Seminole Heights.

18:44:45 I'm a trustee for OSHNA and a founding trustee for

18:44:50 Seminole Heights preservation consortium.

18:44:54 I want to thank Catherine Coyle and all the municipal

18:44:58 and regional planners who have helped to shape the

18:45:01 document that you're preparing to vote on.

18:45:04 Primarily all of my neighbors in Seminole Heights want

18:45:09 to thank Cathy and her staff for bringing the

18:45:12 form-based concept before us, more than three years

18:45:16 ago, and allowing us a chance to participate in the

18:45:20 process of developing the form-based codes.

18:45:23 We hope that you will pass this, since all of Seminole

18:45:28 Heights is a historic area.

18:45:31 And this will be the first form-based zoning in Tampa.

18:45:35 We look forward to working with Cathy and her staff, to

18:45:39 make sure that all these codes are compatible with the

18:45:44 existing historic standards and design guidelines that

18:45:48 may already be in place for our historic structures and




18:45:52 districts.

18:45:53 Thanks again to everyone and Seminole Heights looks

18:45:57 forward to having these unique codes in place to help

18:46:02 guide further development in our neighborhood and to

18:46:05 serve as a beginning of making the zoning process

18:46:10 simpler, less expensive and less time consuming for all

18:46:16 Tampa.

18:46:17 Thank you.

18:46:17 >>THOMAS SCOTT: Thank you, Ms. McDonald.

18:46:19 Anyone else?

18:46:21 Motion to close?

18:46:24 Yes, you want to add anything else, Ms. Coyle?

18:46:27 >>CATHERINE COYLE: That is all the questions.

18:46:28 If I could really briefly, because I didn't do it

18:46:30 before and I totally meant to.

18:46:31 I wanted to thank my staff as well.

18:46:34 Laura Lee Meyers, the urban designer that works with

18:46:38 me, that created all the graphics that you see, with

18:46:39 the exception of the photos obviously within the

18:46:42 document.

18:46:43 She did a beautiful job as well.

18:46:45 And the rest of my staff as well, Eric Cotton and Abbye




18:46:49 Feeley, Towanda Anthony, Joel Sousa, Roberta Meade and

18:46:54 Mary Bryson for attending virtually all 28 to 30

18:46:58 working sessions we have had over the last three years.

18:47:01 I truly appreciate them as well as the three

18:47:03 neighborhood associations and the commercial guild that

18:47:05 we dealt with in Seminole Heights.

18:47:07 It's been a good experience.

18:47:09 >>THOMAS SCOTT: Congratulations to you and your staff

18:47:13 for a very good job.

18:47:15 County has been way ahead on this issue.

18:47:18 Good to see the city is catching up, moving in that

18:47:20 direction.

18:47:21 Years, Councilmember Mulhern?

18:47:23 >>MARY MULHERN: I just wanted to say this is fantastic

18:47:25 and the amount of work that went into it is incredible.

18:47:28 That you, you know, over all the three years it's been,

18:47:33 you have been doing this.

18:47:34 Thank four trying to include me in it.

18:47:37 And I did participate at the very beginning.

18:47:42 And I just want to thank all the neighborhoods for the

18:47:45 hours and hours and hours of time that they put into

18:47:48 it.




18:47:48 For making it a better neighborhood.

18:47:52 Then Cathy, I did want to ask if there are, it does

18:47:56 kind of strike me too as a lot of different categories.

18:47:59 Is there any way that we could reduce those?

18:48:03 Or make it a little more simplified?

18:48:07 >>CATHERINE COYLE: Actually, councilmember Mulhern, do

18:48:10 I have a meeting set with Mr. Gibson next week actually

18:48:13 to discuss it.

18:48:13 As I advised him as well, the rezoning process for

18:48:18 this, to get the entire area rezoned, probably won't

18:48:21 occur until later in the summer, to the end of the

18:48:24 year.

18:48:25 I fully expect, as I re-read this, a dozen times before

18:48:28 that, that there will be some type of glitch bill or

18:48:32 some amendment to that I do plan to work with him and

18:48:35 anyone that is willing to work on these particular

18:48:36 forms.

18:48:38 The approach that we took, just to let you know was

18:48:42 through our windshield survey, as I mentioned earlier.

18:48:46 And it's not that each one of these particular forms

18:48:51 have a higher percentage or an equal value within the

18:48:55 area.




18:48:55 By color, you can see the pink is the craftsmen,

18:49:00 southern vernacular, yellow is eclectic and orange

18:49:04 under the ranch category.

18:49:05 There are actually only 11 form characters.

18:49:08 Not 12.

18:49:08 The 12 is pick from the menu.

18:49:11 But I plan to work with him as well as going back out

18:49:14 into the field to revise this map and make sure it's as

18:49:17 pure as possible.

18:49:18 And I agree Queen Anne was in that family, that's why

18:49:24 it was included.

18:49:26 But I did believe we only did find one.

18:49:28 It's just that it's a unique style and does fight with

18:49:31 the other forms.

18:49:32 I almost anticipate one or two of these coming out

18:49:36 before we go through the rezoning process.

18:49:39 >>MARY MULHERN: Okay.

18:49:40 I think that I think the only concern I have with the

18:49:48 whole concept of the form-based codes, it makes a lot

18:49:50 of sense, but there's also the fact, our talking about

18:49:59 especially Seminole Heights, a historic neighborhood,

18:50:02 and just historic just in terms of how old it is, and




18:50:07 when you talk about the concept of, you know, just the

18:50:13 form, the history needs to be part of it too.

18:50:16 Even though I know that we're not talking about making

18:50:19 this a historic district, it's not just about the

18:50:25 volume I think of what you're doing, but it's also

18:50:28 about the history and the, you know, the architectural

18:50:34 characteristics.

18:50:35 So I think it's important to really look at those, even

18:50:40 though that's the only question anyone had, if we

18:50:43 really do look at that and make sure it's not.

18:50:49 >> I believe we do totally agree on that point.

18:50:52 And the foundation is the existing pattern and the

18:50:54 existing development.

18:50:55 And to build on that.

18:50:56 Because it is a very unique area.

18:50:58 Mull thank you.

18:51:00 >>THOMAS SCOTT: Motion and second to close, all in

18:51:02 favor signify by saying aye.

18:51:03 Councilman Miranda.

18:51:06 >> Move an ordinance -- move an ordinance, first

18:51:14 reading in the city of, ordinance of the City of Tampa,

18:51:16 Florida related to the greater Seminole Heights




18:51:18 district, making comprehensive revisions to the City of

18:51:21 Tampa code of ordinance chapter 27, zoning creating

18:51:24 article XXV, greater Seminole Heights district,

18:51:26 amending section 27-544, definitions of groupings, of

18:51:30 various districts, amending section 27-545,

18:51:35 definitions, repealing all ordinances or parts of

18:51:36 ordinances in conflict therewith, providing for

18:51:37 severability, providing an effective date.

18:51:41 >>THOMAS SCOTT: Been moved and second.

18:51:42 Seconded by councilmember Capin that.

18:51:44 All in favor signify by saying aye.

18:51:46 >> Motion carried with Stokes being absent.

18:51:48 And Caetano being absent at vote.

18:51:50 Second reading and adoption will be March 24 at

18:51:53 9:30 a.m.

18:51:55 >>THOMAS SCOTT: Let me just go to items 8 and 9, they

18:52:00 shouldn't take long.

18:52:04 I understand there's no opposition.

18:52:06 Get them out of the way.

18:52:08 >> Mr. Chairman, those are quasi-judicial.

18:52:10 If we can have motions to open those two.

18:52:13 >> So moved to open not only eight and nine.




18:52:17 Let's open the remainder of them.

18:52:20 We'll go from there.

18:52:21 We had opened those first.

18:52:23 We'll open 3 through 9.

18:52:27 >>THOMAS SCOTT: Moved and second.

18:52:28 All in favor signify by saying aye.

18:52:29 Opposes?

18:52:32 >>MARTIN SHELBY: If we can, before we do that, in order

18:52:33 to clean up the agenda, just number six, Mr. Chairman,

18:52:38 you have received and the clerk's in possession of a

18:52:40 letter saying that petition be withdrawn.

18:52:42 A motion to accept.

18:52:43 >> So moved.

18:52:44 >> Second.

18:52:45 >>THOMAS SCOTT: All in favor signify by saying aye.

18:52:46 Health she will and finally --

18:52:50 >>THOMAS SCOTT: 7 cannot be heard.

18:52:51 Health she will that cannot be heard.

18:52:53 Therefore cannot be home.

18:52:54 It has been rescheduled to April 14 at 6:00 p.m.

18:52:58 >>THOMAS SCOTT: If anyone here wish to address Council,

18:53:00 please stand and be sworn.




18:53:01 If you're going to be speaking, please stand and be

18:53:03 sworn at this time.

18:53:08 [Oath administered by Clerk]

18:53:11 >>THOMAS SCOTT: Item 8.

18:53:14 >> Good evening, Council.

18:53:16 I was going to ask before we do those, because the

18:53:23 people that are here, I think are mostly here for the

18:53:26 community garden ordinance.

18:53:29 >>THOMAS SCOTT: They're here for the public hearing on

18:53:30 the CDBG.

18:53:32 >>MARY MULHERN: Oh, the CDBG.

18:53:33 Okay.

18:53:34 The next item was community gardening.

18:53:39 >>THOMAS SCOTT: If we can get through it pretty

18:53:40 quickly.

18:53:42 >>MARY MULHERN: This is what I wanted to propose.

18:53:46 >>THOMAS SCOTT: I think we can do these in about ten

18:53:49 minutes, I think.

18:53:50 >>MARY MULHERN: Can I finish?

18:53:51 I was going to ask for a continuance for the community

18:53:54 gardens.

18:53:54 And I don't know, we could ask the people who are here




18:53:57 for that if they're in agreement to continue this, then

18:54:02 they don't all have to sit through the rest of the

18:54:05 meeting.

18:54:06 I guess, can we ask?

18:54:09 >>THOMAS SCOTT: Are you all -- those that are here for

18:54:11 the continuance, are you all in favor?

18:54:14 Anyone in opposition to the continuance?

18:54:16 Anyone in opposition.

18:54:17 You want to make a motion?

18:54:19 >>MARY MULHERN: I'd like to move to continue the

18:54:22 community garden ordinance to, I guess for four weeks?

18:54:34 >>MARTIN SHELBY: The next night meeting?

18:54:40 >>MARY MULHERN: Maybe six weeks.

18:54:44 >>MARTIN SHELBY: April 14th is the next night meeting.

18:54:47 Then the next one would be May.

18:54:53 >>MARY MULHERN: April 14th.

18:54:58 >>MARTIN SHELBY: 5:30?

18:54:59 Do you wish it before the rezonings at 5:30?

18:55:04 >>CHARLIE MIRANDA: I'm not going to be here at 5:30.

18:55:11 >>ABBYE FEELEY: There is only one rezoning that

18:55:13 evening.

18:55:13 You only have one at 6:00.




18:55:14 So far, nothing else will be scheduled as far as

18:55:16 rezonings that flight.

18:55:18 Cathy is going to be here.

18:55:27 >>THOMAS SCOTT: 6:00?

18:55:30 >>MARY MULHERN: 6:00, April 14th.

18:55:32 >> Second.

18:55:33 >>THOMAS SCOTT: Moved and second.

18:55:34 All in favor signify by saying aye.

18:55:35 Opposes?

18:55:36 Okay.

18:55:36 That's item 3.

18:55:41 >>ABBYE FEELEY: Abbye Feeley, Land Development

18:55:43 Coordination, item 8 is a rezoning located down at the

18:55:47 south end of Westshore and sparkman.

18:55:50 I'll show you real quick and then I'm going to let Toni

18:55:53 go.

18:55:53 It's a rezoning request O request from IG to RS-50.

18:55:58 You can see on the aerial here, here is Westshore.

18:56:02 Take Westshore south all the way to tend, this is the

18:56:04 base here.

18:56:05 You've got some platted land on the west side of

18:56:09 Westshore and some platted land on the east side of




18:56:15 sparkman.

18:56:15 This is the Ashton Woods development.

18:56:16 These are currently zoned IG, which is industrial

18:56:17 general.

18:56:17 Would not allow for residential.

18:56:18 What they would like to do is rezone this property to

18:56:21 create 50-foot lots.

18:56:26 Mr. Garcia?

18:56:29 >> Tony Garcia, Planning Commission staff.

18:56:31 I have been sworn.

18:56:33 Just two things so that you all realize on your vision

18:56:37 map, this is located in the South Tampa planning area,

18:56:39 which basically offers opportunities for infill

18:56:42 development.

18:56:43 Request issues already stated, to go from IG to RS-50

18:56:47 to allow, to allow the development of these platted

18:56:56 lots down from the South Tampa area for residential

18:56:58 uses, just to show you very quickly, sites already

18:57:02 residential 10.

18:57:03 It would be this.

18:57:04 Of course with my other high tech tool, which is my

18:57:07 pen, I had to circle this.




18:57:09 And show you the remaining lots would be over here.

18:57:14 Planning Commission staff found it consistent with the

18:57:17 comprehensive plan.

18:57:21 >> Thank you, Tony.

18:57:22 Just to put the zoning atlas up as well, this area just

18:57:28 to the northwest was rezoned back, just a few years ago

18:57:31 to RS-50 also.

18:57:33 As I mentioned, this is the Ashton Woods development

18:57:36 here in the middle.

18:57:37 Staff did find the request consistent and then we are

18:57:42 available for any questions.

18:57:45 >>THOMAS SCOTT: Petitioner?

18:57:48 >> William Shapino, I'm here to answer any questions.

18:57:54 >>THOMAS SCOTT: Anyone here in opposition to this

18:57:57 petition?

18:57:58 >> Motion to close.

18:57:59 >> Second.

18:57:59 >>THOMAS SCOTT: Moved and second.

18:58:00 All in favor signify by saying aye.

18:58:01 Who want to read?

18:58:04 Councilwoman Mulhern, you want to read item eight.

18:58:06 >>MARY MULHERN: Abbye, do I need to add anything to




18:58:15 this?

18:58:16 >> No.

18:58:17 >>MARY MULHERN: I move an ordinance rezoning property

18:58:19 from the general vicinity of 7701 South Sparkman Street

18:58:24 and 7701 through 7713 South Westshore Boulevard in the

18:58:28 City of Tampa, Florida and more particularly described

18:58:30 in section 1 from zoning district classifications, IG

18:58:34 industrial general to RS-50, residential single-family,

18:58:38 providing an effective date.

18:58:39 >>THOMAS SCOTT: Moved and second.

18:58:40 Second by Councilman Miranda.

18:58:43 All in favor signify by saying aye.

18:58:44 Opposes?

18:58:46 >> Motion carried with Stokes being absent and Caetano

18:58:49 being absent at vote.

18:58:51 Second reading and adoption will be March 24 at

18:58:53 9:30 a.m.

18:58:55 >>THOMAS SCOTT: Item nine?

18:58:57 >>ABBYE FEELEY: Item 9, this situate tem is for a

18:59:01 special use, for a drive-thru window.

18:59:03 It's up on Bruce B. Downs, almost at county line road

18:59:06 at the cypress shopping center.




18:59:08 20590 Bruce B. Downs.

18:59:11 It is a restaurant with a drive-thru window.

18:59:15 Just to show you, Bruce B. Downs, this is the Sweetbay

18:59:17 shopping center that's up there.

18:59:19 Imperial Oak Boulevard.

18:59:20 It would be a Burger King with a drive-in window.

18:59:23 Mr. Garcia?

18:59:29 >>TONY GARCIA: Tony Garcia, Planning Commission staff.

18:59:35 I have been sworn.

18:59:36 The site is located on the vision map within the north

18:59:46 Tampa planning district.

18:59:48 Again, the north district, south district, pretty much

18:59:51 the same.

18:59:52 There's opportunities for infill development.

18:59:53 They're not really the three main districts that we

18:59:56 have for opportunities for growth and employment from

18:59:59 the city.

19:00:00 But there are opportunities for infill.

19:00:01 The request is a special use that would allow

19:00:05 drive-thru for already approved commercial type of use

19:00:08 from the district.

19:00:09 The land use category, as you can see, this is right on




19:00:12 the county line road.

19:00:13 On the boundary between the City of Tampa and

19:00:15 unincorporated Hillsborough County.

19:00:16 The land use category is suburban mixed use three.

19:00:20 And Planning Commission staff found the proposed

19:00:24 request consistent with the comprehensive plan and very

19:00:26 quickly, just want to say Chairman Scott, Ms. Miller,

19:00:31 thank you very much.

19:00:31 Enjoyed the time being here with you.

19:00:34 >>GWEN MILLER: We enjoyed having you.

19:00:36 >>THOMAS SCOTT: Good working with you.

19:00:39 >>ABBYE FEELEY: Council, as Tony mentioned, it is for

19:00:42 our drive-in window.

19:00:44 There are no waivers with the request before you this

19:00:45 evening.

19:00:46 This is located in PDA zoning district, so it does come

19:00:50 for administrative review.

19:00:51 Only part that doesn't is the window, which is what is

19:00:54 before you.

19:00:55 Staff did find the request consistent.

19:00:57 No modifications needed in between first and second

19:01:00 reading.




19:01:00 We are available for questions event.

19:01:02 >>THOMAS SCOTT: Petitioner?

19:01:02 Petitioner here?

19:01:04 State your name, address, please, sir.

19:01:06 >> JD Essenbaum, 8370 West Hillsborough Avenue, Suite

19:01:12 205, Tampa, Florida.

19:01:15 >>THOMAS SCOTT: Anyone here in opposition to this

19:01:16 petition?

19:01:18 >> Move to close.

19:01:19 >> Second.

19:01:19 >>THOMAS SCOTT: Moved and second.

19:01:20 All in favor signify by saying aye.

19:01:21 Councilman Miranda.

19:01:28 >> Move an ordinance approving first reading, approving

19:01:30 a special use S-2 approving a drive-in window and a PDA

19:01:37 planned development alternative zoning district in the

19:01:41 general vicinity of 20590 Bruce B. Downs Boulevard, in

19:01:44 the City of Tampa, Florida, as more particularly

19:01:45 described section one thereof,

19:01:48 Providing an effective date.

19:01:49 >> Second.

19:01:50 >>THOMAS SCOTT: Moved and second.




19:01:51 Seconded by councilmember Mulhern.

19:01:53 All in favor signify by saying aye.

19:01:53 Opposes?

19:01:57 >> Motion carried with Stokes being absent.

19:01:59 Second reading and adoption will be March 24th at

19:02:01 9:30 a.m.

19:02:02 Item 5.

19:02:10 >> Item fewer first.

19:02:12 Which was the bringing back the amendment of section

19:02:16 27-180 as a separate ordinance.

19:02:19 >>THOMAS SCOTT: Okay.

19:02:19 I believe Mr. Pardo is here.

19:02:24 >>THOMAS SCOTT: No, item 4 first.

19:02:26 Item 4.

19:02:28 This is a continued public hearing.

19:02:39 >>THOMAS SCOTT: Is this one going to be long?

19:02:41 >> No.

19:02:41 This is a change just adding in the lighting standards.

19:02:48 It's the same table that we have

19:02:50 Within the other overlays, West Tampa, East Tampa,

19:02:52 Kennedy overlay and so on.

19:02:54 It's just adding the basic illumination engineer




19:02:58 standards to the Ybor parking lot.

19:03:00 I believe Mr. Pardo is here as well.

19:03:02 I believe the YCC board did take a vote for approval of

19:03:06 this.

19:03:06 I'll defer to him.

19:03:08 >>THOMAS SCOTT: Councilman Miranda?

19:03:12 >>CHARLIE MIRANDA: On the special event parking lots,

19:03:15 residential parking for stadium events, can you clarify

19:03:18 what all that is?

19:03:19 Especially the stadium event parking.

19:03:21 Is that change anything from today's?

19:03:24 >> No, the only revision in this ordinance is to the

19:03:26 Ybor parking for the lighting standards.

19:03:28 >>CHARLIE MIRANDA: Thank you very much.

19:03:30 >> You're welcome.

19:03:31 >> Vince Pardo, City of Tampa.

19:03:35 YCDC board has entertained this along with the parking

19:03:39 committee and does support the provision.

19:03:40 >>THOMAS SCOTT: Anyone else from the public wish to

19:03:42 address Council on this item?

19:03:44 >> Move to close.

19:03:45 >> Second.




19:03:45 >>THOMAS SCOTT: All in favor signify by saying aye.

19:03:46 Who will read?

19:03:54 >>THOMAS SCOTT: Councilmember Miller.

19:03:56 >>GWEN MILLER: Thank you, Mr. Chairman.

19:03:57 An ordinance of the City of Tampa, Florida relating to

19:03:59 chapter 27, general revisions, making comprehensive

19:04:02 revisions to the City of Tampa code of ordinances,

19:04:05 chapter 27, zoning, amending section 27-180,

19:04:09 alternative parking requirements, repealing all

19:04:12 ordinances or parts of ordinances in conflict

19:04:12 therewith, providing for severability, providing an

19:04:17 effective date.

19:04:18 >>THOMAS SCOTT: Moved and second.

19:04:19 All in favor signify by saying aye.

19:04:21 Opposes?

19:04:23 >> Motion carried with Stokes being absent.

19:04:25 Second reading and adoption will be March 24th at

19:04:28 9:30 a.m.

19:04:29 >> Thank you, Council.

19:04:30 >>THOMAS SCOTT: All right.

19:04:30 The public hearing now on CDBG.

19:04:32 I believe that's our last item other than new business.




19:04:41 >> Good evening, Council.

19:04:42 I'm Dennis Rogero, the city's revenue and finance

19:04:46 department.

19:04:46 Want to open up this public hearing with a short

19:04:48 PowerPoint presentation.

19:04:49 Going to open the public hearing for the housing and

19:05:02 community development program for fiscal year 2012.

19:05:04 I'll try to be brief.

19:05:09 The purposes of this public hearing, to present

19:05:12 information concerning the community development block

19:05:15 grant 37th entitlement.

19:05:19 Emergency shelter grants to home investment

19:05:21 partnerships and housing opportunities for persons with

19:05:25 AIDS programs.

19:05:26 Present types of activities previously undertaken.

19:05:31 The anticipated levels of funding, the range of

19:05:34 eligible activities and other pertinent requirements.

19:05:41 Initial stage of program development, we are presenting

19:05:44 these needs and recommendations to you for the first

19:05:46 time.

19:05:47 Comments of citizens concerning community development,

19:05:49 housing and nonhousing needs and provides any person or




19:05:53 organization the opportunity to be heard.

19:05:56 Talk to you just a short while about HUD grants and the

19:05:59 funding associated with them.

19:06:01 Here is our current fiscal year approved funding for

19:06:05 the aforesaid items.

19:06:07 Community development block granted a little over

19:06:10 $4 million.

19:06:11 Wanted to speak very quickly about that line item.

19:06:14 If you've read the paper or seen news reports, there is

19:06:16 the potential to reduce this funding by over half for

19:06:20 the next fiscal year, a significant decline as you can

19:06:22 see from over four million to under $2 million.

19:06:26 Of course, we don't know yet.

19:06:28 We don't have any anticipated projections yet because

19:06:32 of the continuing embroilment at the federal level,

19:06:37 continuing resolutions they're going through.

19:06:40 So we are sharing with you the most up-to-date

19:06:41 information that we have.

19:06:43 Home investment partnerships, almost $2.2 million.

19:06:47 Housing opportunities for persons with AIDS at just

19:06:49 over $3.7 million.

19:06:52 And emergency shelter grants slightly less than




19:06:55 $200,000.

19:06:56 Our calendar and these dates are tentative.

19:07:01 We wanted to show you the plan for completing this

19:07:04 project this year.

19:07:05 You can see the first item, CDBG home technical

19:07:08 assistance workshop was held in late January.

19:07:11 The CDBG RFP submission deadline was the seventh of

19:07:17 this month.

19:07:18 And we received 53 requests for proposals from people

19:07:20 asking for funding.

19:07:22 The HOME RFP city commission deadline was the same

19:07:26 date.

19:07:27 Tonight of course is the public hearing for the initial

19:07:30 stage of our action plan.

19:07:31 As you know, the city is required to hold only one

19:07:34 public hearing, but this is the first of two.

19:07:36 The second one will be later this year.

19:07:38 The proposal review, or the proposal to review, or to

19:07:45 review the recommendations will continue from this

19:07:47 month through May 2011.

19:07:49 Next month, the review committee officially begins with

19:07:52 the information that we have shared with you tonight.




19:07:56 The initial responses to the needs and recommendations

19:08:00 will be distributed to you in June and to the citizens

19:08:03 who requested the funding.

19:08:05 And this will include responses from the city

19:08:09 departments that have vetted these requests for

19:08:11 funding.

19:08:11 The second public hearing, as I mentioned, is

19:08:14 tentatively scheduled for June 9th.

19:08:17 With the City Council approval of the action plan in

19:08:22 early August.

19:08:22 And the submission of the plan to HUD in mid August.

19:08:27 As you can see at the bottom there, the fiscal year

19:08:30 2012 begins coincident with our fiscal year on

19:08:34 October 1st.

19:08:35 Talk very briefly about the request for proposals

19:08:41 process.

19:08:42 This year, the request for proposals were awarded

19:08:47 almost $1.4 million in funding.

19:08:51 And the RFP process, you see goes like this.

19:08:54 It's been advertised on the City of Tampa Twiggs.

19:08:57 In local newspaper and on the City of Tampa web site.

19:09:00 As I mentioned, we held the technical assistance




19:09:03 workshop and the workshop has been recorded and

19:09:06 replayed on the city's television station.

19:09:13 36 individuals participated.

19:09:15 And the evaluations continue to provide us valuable

19:09:18 feedback.

19:09:18 The application deadline was the seventh and we are

19:09:22 forwarding the CDBG RFPs to the review committee next

19:09:29 week.

19:09:30 To be returned to the budget office by mid next month.

19:09:33 We take those needs and recommendations and we begin of

19:09:37 course with tonight, as I mentioned, the first public

19:09:41 hearing, for the departments, next week, we get our

19:09:45 initial response back, vet them and return them to you

19:09:48 in May, maybe June.

19:09:50 Again tentatively, we have asked for June.

19:09:52 But we'll see if we can get it a little bit earlier.

19:09:55 And the second public hearing tentatively scheduled

19:09:59 again for June 9th.

19:10:00 Mr. Frank Roder was going to be here to provide a brief

19:10:04 presentation to you all and open up the floor for

19:10:06 people to speak on their various requests that are here

19:10:09 tonight.




19:10:09 He was called away at the last minute and is

19:10:12 unavailable.

19:10:13 I believe it was going to be a very short presentation.

19:10:16 He was going to ask anybody here tonight to speak.

19:10:20 I know Shannon edge would like to speak next on a

19:10:23 particular items of hers and then of course we'll wrap

19:10:25 it up with public comments.

19:10:27 I'd be happy to answer any questions you all have

19:10:29 tonight.

19:10:30 We have members of staff here.

19:10:34 >>MARY MULHERN: Thank you.

19:10:35 My question to you is just about the deadline.

19:10:37 Is that just a deadline you established because of the

19:10:41 process that we have?

19:10:43 Or is that a, the March 7th deadline for the RFP

19:10:48 submissions, or is that part of the guidelines for the

19:10:52 federal funding?

19:10:53 >> I'm going to say I believe that's our internal

19:10:56 deadline to accommodate the process.

19:10:57 But I'm going to turn to my subject matter expert.

19:11:01 She's going to tell me.

19:11:02 >>MARY MULHERN: That was my question.




19:11:03 Thanks.

19:11:10 >> Good evening, Shannon Scott, members of the City

19:11:12 Council.

19:11:15 Frank Roder, our chair, who has done an amazing job was

19:11:19 called away with an emergency.

19:11:21 At this point he always introduces us for the citywide

19:11:24 request.

19:11:25 My name is Shannon Edge, and I'm your City of Tampa's

19:11:27 neighborhood and community relations office.

19:11:30 I'm honored to be here tonight.

19:11:31 Also wearing the hat of being a board member of the

19:11:34 YMCA's Sulphur Springs Neighborhood of Promise

19:11:37 Initiative.

19:11:38 This was a vision of amazing community leader by the

19:11:42 name Liz Kennedy, who years ago had the idea to

19:11:46 replicate Geoffrey Canada's Harlem school zone starting

19:11:51 in Sulphur Springs.

19:11:52 He has done an amazing job, having a pipeline from

19:11:56 infancy all the way to getting these kids into college.

19:12:00 We have been working on this since 2009, with Sulphur

19:12:04 Springs being a launch pad, being it's our neighborhood

19:12:07 with the most children.




19:12:08 Medium income is $10,500.

19:12:11 And majority of the parents are single parents, raising

19:12:14 them.

19:12:14 As you know, the administration has been working very

19:12:17 hard in Sulphur Springs these past years.

19:12:20 We are now ready to bring this initiative out to the

19:12:24 community and make everyone aware.

19:12:26 And tonight we are seeking through the community

19:12:28 development citywide request, $20,000 in CDBG funds to

19:12:33 organize a 5K walk and a Sulphur Springs community

19:12:37 celebration to really promote this Sulphur Springs

19:12:40 Neighborhood of Promise Initiative.

19:12:41 We are proposing a 5K walk because we want to introduce

19:12:45 the outside world as well as what the residents of

19:12:48 Sulphur Springs also know what is occurring in their

19:12:52 neighborhood.

19:12:53 Community pride is something we always try to reach out

19:12:55 with all the neighborhoods.

19:12:56 This walk will take you through the Sulphur Springs,

19:12:59 with our new coming online Sulphur Springs recreation

19:13:02 center, with the Rich House, which you're familiar

19:13:04 with.




19:13:04 The Sulphur Springs elementary school, Dr. Christi

19:13:07 Buell has done an amazing job with those students.

19:13:10 The Sulphur Springs resource center.

19:13:12 The George Bartholomew rec center, soon to be coming

19:13:17 online Lala's House, which will be the baby college or

19:13:20 what we have currently in Tampa, the Baby Bungalow.

19:13:22 As well as ending up back at the new Sulphur Springs

19:13:26 center for a community celebration.

19:13:28 And this is really for everyone to see firsthand what

19:13:31 all the wonderful things going on in Sulphur Springs.

19:13:35 We want this event to be both fun as well as

19:13:38 educational.

19:13:39 And the model we would replicate, which you are

19:13:42 familiar with CDBG is the party in the parks, which we

19:13:46 did in conjunction with the Tampa Police Department,

19:13:48 which stands for police and residents teaching you.

19:13:50 We would also demonstrate to the outside community to

19:13:54 hopefully engage them to help support us in this

19:13:57 effort.

19:13:57 The money would go towards road closures.

19:14:01 I've already met with the Tampa Police Department, our

19:14:03 special events department.




19:14:04 We have road closures.

19:14:05 We would also need printed material to create awareness

19:14:08 as well as printed material to disseminate at the

19:14:11 event.

19:14:11 And of course food and beverage, but we would seek out

19:14:14 sponsors for that.

19:14:15 I would be remiss if I did not acknowledge the partners

19:14:17 we are working with.

19:14:18 The YMCA is the lead agency, but the City of Tampa is

19:14:21 very involved.

19:14:23 Head Start, Children's Board, Hillsborough County

19:14:25 Public School System, especially with Dr. Christi Buell

19:14:29 from Sulphur Springs Elementary School, the United Way,

19:14:33 the Sulphur Springs Action League, Joseph and Norman

19:14:35 Robinson.

19:14:36 The Community Foundation of Tampa Bay, the Kahn

19:14:36 Foundation, JPMorgan Chase, Bank of America, Boys and

19:14:40 Girls Club, Big Brothers and Big Sisters for mentoring.

19:14:42 The Child Abuse Council.

19:14:44 Tampa Family Health Centers and the Early Learning

19:14:46 Coalition.

19:14:48 We want again to have this event to really demonstrate




19:14:54 to the residents and share their stories on being

19:14:57 ambassadors of their neighborhood.

19:15:00 First and foremost, it's about the Sulphur Springs

19:15:03 residents, but we also want to introduce the community

19:15:05 to Sulphur Springs.

19:15:06 I want to point out before I close, that we were one

19:15:10 city and point away from receiving President Obama's

19:15:14 Neighborhood of Promise federal grant.

19:15:16 We're going to go for it again.

19:15:17 We also just received the neighborhood's best grant

19:15:18 from the governor's office.

19:15:20 So we do have momentum and obviously with all these

19:15:23 partners coming online, they believe in what we're

19:15:25 doing.

19:15:25 So I want to thank you on behalf of all these

19:15:27 incredible people I'm working with that I just listed,

19:15:30 for your consideration for this $20,000 grant to help

19:15:34 us with this initiative in Sulphur Springs.

19:15:36 Thank you so much.

19:15:41 >> Thank you, Shannon.

19:15:42 Council, it's your pleasure as how we proceed.

19:15:45 Again, Mr. Roder is not here.




19:15:47 We have a couple of citywide items we may have speakers

19:15:50 for.

19:15:51 Typically we go to different areas.

19:15:53 >>THOMAS SCOTT: Chief Bennett, you have anything you

19:15:55 want to add?

19:16:02 >> Good evening, Chairman, good evening, Council.

19:16:06 John Bennett, assistant chief, Tampa Police Department.

19:16:07 As you notice an item on there with a request for

19:16:10 $50,000.

19:16:11 That's an apportioning opportunity.

19:16:12 We all heard the impact of the homeless situation in

19:16:15 Tampa, very recently and Council, and we thought it

19:16:19 best to serve the city by bringing a line level entry

19:16:23 position back to replace a more senior office were the

19:16:27 right aptitude to work directly with the homeless from

19:16:30 the community as we see this ever growing demographic

19:16:33 from the city limits.

19:16:34 Again, we all know the stats and we all know the

19:16:37 variations in services.

19:16:38 And we feel like a specialized officer that would be

19:16:40 available city wide to work directly with our

19:16:43 partnerships in the homeless community.




19:16:46 As you know, that's one-third of our missioning

19:16:49 statement, to strengthen our partnerships in the

19:16:51 community I think it's important Council knows the

19:16:54 funding gap between the $50,000 requested and what it

19:16:56 would take to back fill and entry level position.

19:17:00 With no experience, that would be with the background,

19:17:04 investigation, the equipment and everything else for

19:17:05 the first, or for any fiscal year, would be $69,000.

19:17:10 So would show a funding gap of about 19,000.

19:17:12 If the officer had any more experience up to three

19:17:15 years from a prior service, that would increase to

19:17:19 73,000, so essentially the gap could be any what from

19:17:23 19 to $23,000.

19:17:24 Between what the request was and the backfill position,

19:17:28 which in consultation of course with Chief Castor, the

19:17:32 administration would be well with her investment for

19:17:35 this ever growing demographic to have a direct officer

19:17:38 to work with the homeless community.

19:17:46 >>THOMAS SCOTT: Okay.

19:17:47 Anyone else from the public?

19:17:49 Anyone wants to come and address Council, may come

19:17:51 forward and just speak.




19:17:52 We have the report, so we can scan through it.

19:17:56 Thank you, chief.

19:18:00 >> Distinguished Councilmembers, pleasure to be

19:18:02 standing before you.

19:18:03 My name is SE Sims.

19:18:06 I'm standing in the gap for Ms. Betty bell.

19:18:09 You know show she is.

19:18:11 She was unable to be here tonight so I told her I would

19:18:13 come and stand her.

19:18:15 I'm also a member of the CSC with the East Tampa

19:18:19 community.

19:18:19 I'm also a business owner within the community.

19:18:22 The boarders of Highland Pines area which we are

19:18:26 talking about, the borders are south I-4 to north Lake

19:18:28 Avenue, from east 40th, excuse me, west 40th to

19:18:33 56th street east.

19:18:35 Ms. Bell has been requesting, this is second request

19:18:39 for five more issues to be addressed.

19:18:43 3000 block, 3200 block and also the 3400 block of

19:18:48 Highland Pines community.

19:18:49 There is an issue about curb appeal, which the

19:18:56 aesthetic beautification part of it.




19:18:57 She feels there is a lot of concerns with safety

19:18:58 issues.

19:18:59 If there could be someone that could go out and assess

19:19:02 some of the curb appeal to see whether or not it would

19:19:04 pose a danger to the citizens of that community.

19:19:06 Also, if you've gone along down Melbourne Avenue

19:19:11 between 40th and 50th, they're requesting that if City

19:19:15 Council with this grant could also look at the idea of

19:19:18 possibly building a wall that would hide some of the

19:19:22 unsightly backyards of some of the neighbors within

19:19:26 that community.

19:19:27 Also, she's asking that we could possibly look with the

19:19:33 city in conjunction with the city for expansion of the

19:19:38 Highland Pines community park.

19:19:39 I don't know if you've ever been there, but it's really

19:19:42 small.

19:19:42 They were asking that maybe they could possibly look

19:19:46 into maybe capital funding to help build a new park

19:19:49 that would be able to accommodate exercise, weight

19:19:53 room, study rooms, and art rooms as well.

19:19:55 Also petitioning that maybe they could build other

19:19:59 shelters and other barbecue grills within that park




19:20:03 that would be able to accommodate more families that

19:20:06 would like to go out to the park to have a nice evening

19:20:09 out.

19:20:10 Also, the other thing that she wanted me to present to

19:20:13 you, if it's possible, that the city may already have

19:20:16 land or know of land that they owned at this time for a

19:20:20 proposed community health center for that community

19:20:23 that would border the Oak Park, Grant Park, Northview

19:20:26 Hills and the Highland Pines area, due to the fact that

19:20:31 many of the residents in that area are very elderly and

19:20:34 unable to get out to be able to get to many of the

19:20:38 health facilities within our city.

19:20:40 And also the last thing is, in conjunction with the

19:20:45 TECO, a meeting they had several weeks ago, they're

19:20:48 going to now be installing lights throughout the

19:20:51 Highland Pines community to brighten up that area.

19:20:55 One of the main source is still the park adjacent to

19:21:01 where Ms. Bell lives.

19:21:03 At night when the life goes off, when the dark comes,

19:21:06 unsightly elementaries and -- elements and those who

19:21:11 engage in criminal activity congregate at the pack.

19:21:15 Being a pastor also, I believe as the word says,




19:21:17 darkness doesn't comprehend light.

19:21:19 But light come friends darkness.

19:21:21 I believe if we put some light out in that park, we'll

19:21:23 be able to keep some of those elements out of that

19:21:26 Parker that gives those people an opportunity to go out

19:21:29 and walk around the park as they choose to early in the

19:21:32 morning.

19:21:33 Thank you for allowing me to speak.

19:21:35 >>THOMAS SCOTT: Now, the park issue, well, you're

19:21:40 asking for a new park over there?

19:21:42 >> Yes, they're asking it maybe possible through this

19:21:45 funding with the city in collaboration, that the new

19:21:48 park could be built to be expanded rather.

19:21:51 >>GWEN MILLER: He means recreation center or park?

19:21:53 >> The recreation center.

19:21:55 I'm sorry.

19:21:57 >>THOMAS SCOTT: I was going to say.

19:22:05 >> I'm sorry I didn't specify, the center itself.

19:22:08 >>THOMAS SCOTT: Are you pastoring that church right

19:22:10 next to the park?

19:22:12 >> Yes.

19:22:13 Kindred spirit.




19:22:14 >>THOMAS SCOTT: I didn't know that.

19:22:15 >> Thank you for allowing me to speak.

19:22:17 >>THOMAS SCOTT: Thank you.

19:22:17 Next speaker?

19:22:18 Anyone else?

19:22:24 >> Mr. Chairman, Councilmembers, I'm Wesley

19:22:26 Widenberger, 1919 West North Eighth Street.

19:22:31 My face is familiar.

19:22:32 You're familiar, and the subject is familiar.

19:22:36 I attended all the CDBG meetings.

19:22:40 I've heard them all.

19:22:41 And I've heard now people are asking for new

19:22:44 facilities.

19:22:46 Things that cost a lot of money.

19:22:49 We have a park, Villa Park, 700 North Armenia, it's in

19:22:56 our community.

19:22:57 And we feel like we're part of the ghetto.

19:23:02 If you want to go somewheres, you go to Hyde Park, not

19:23:06 north Hyde Park.

19:23:06 It's because we don't even have basic facilities in

19:23:10 this park.

19:23:10 You cannot do anything there.




19:23:12 We cannot have the police or anyone coming over to have

19:23:17 any fundraisers or any community things without basic

19:23:21 facilities.

19:23:21 There's a water fountain but no restroom facilities.

19:23:25 There's no shelter.

19:23:26 If anybody wants to go out to have a picnic and bring a

19:23:31 barbecue or anything, any group, even if you're

19:23:34 jogging, you better run home fast.

19:23:37 I'm not trying to be rude or unkind, but I'm saying

19:23:40 this is a minimal for our community.

19:23:43 I brought this subject up.

19:23:46 I have called the departments.

19:23:48 And it's the simple basic, oh, there's no money, we

19:23:51 have no plans.

19:23:53 I ask the park department in particular, please advise

19:23:57 us what they plan to do with that park to help us.

19:24:03 A simple basic request for facilities, and the least

19:24:08 expensive shelter.

19:24:10 If you're having a group meeting of any sort, and our

19:24:15 civic association, we could even meet in the park.

19:24:16 But that is nothing, and it's right where the armory is

19:24:23 located, right in that area.




19:24:25 It's right where everybody's going up Armenia and

19:24:28 Howard.

19:24:29 It's the center core.

19:24:31 We're trying to improve that area.

19:24:33 We have our problems.

19:24:34 We had men on bicycle running around from the middle of

19:24:38 the night.

19:24:38 But we're not asking for that.

19:24:40 We're asking for a simple basic facilities.

19:24:44 Nothing more.

19:24:45 Nothing less.

19:24:46 Thank you very much for your time.

19:24:47 >>THOMAS SCOTT: Thank you, sir.

19:24:49 And I thought we had addressed that once before.

19:24:51 I thought we sent over to the administration.

19:24:55 >>CHARLIE MIRANDA: That didn't work.

19:24:56 >>THOMAS SCOTT: It didn't work?

19:24:57 Okay.

19:24:57 I was just saying I know you came before.

19:25:02 I thought we had requested administration.

19:25:04 >> Yes, I had.

19:25:04 And I have called over there.




19:25:07 Don't want to repeat myself because it's already

19:25:10 recorded.

19:25:10 All we have is a brush-off.

19:25:12 There is no report coming in, to say I'm so, we can't

19:25:16 afford this.

19:25:17 But I'm saying, why don't you drop a mobile home there

19:25:20 with a facility.

19:25:22 >>MARY MULHERN: What's your neighborhood association?

19:25:24 >> North Hyde Park civic association, Robert Allen,

19:25:28 president, Wesley Widenburg, executive secretary.

19:25:32 I feel important.

19:25:33 But I'm the only one jogging around.

19:25:36 I see people going over there and a lot of people can't

19:25:39 use it.

19:25:40 And I'm asking, not a lot of facilities.

19:25:42 Just a basic.

19:25:43 Just a basic.

19:25:45 Thank you.

19:25:46 Thank you very much.

19:25:47 >>THOMAS SCOTT: Next speaker?

19:25:53 >> Good evening.

19:25:54 Mr. Chairman and Councilmembers, Angela Crist, with the




19:25:58 USF Florida institute of government, 4202 East Fowler

19:26:00 Avenue.

19:26:01 As a very good friend of my said, it's always great to

19:26:04 be brief, to be bright and to be gone.

19:26:06 And that's what I intend to do right now.

19:26:08 The USF Florida Institute of Government has requested

19:26:13 and sent a proposal in for $20,000

19:26:16 To establish quarterly community development

19:26:18 roundtables to provide training for community

19:26:22 development practitioners such as CDCs, CRA motivated

19:26:27 leaders, local government staff, developers, Realtors,

19:26:31 and property owners who have completed our certificate

19:26:35 in real estate development.

19:26:36 I'd like to back up and say that we are in our sixth

19:26:39 year with this certificate program.

19:26:40 And it would not have been started without the

19:26:44 partnership of the City of Tampa six years ago.

19:26:47 And we were able, with the certificate program, to use

19:26:51 those start-up funds from the City of Tampa to find

19:26:54 additional funding and sustain the program.

19:26:57 And that's exactly what we're asking of this request,

19:27:00 is that we're able to receive these start-up funds to




19:27:03 offer four one-day training events, delivered between

19:27:08 October and September.

19:27:10 Topics ranging from urban market challenges and market

19:27:14 analysis of underserved market areas, to how to provide

19:27:17 affordable housing in today's market.

19:27:20 Creating a culture of entrepreneurship, and best

19:27:23 practices in real life examples of successful Tampa Bay

19:27:28 community development projects.

19:27:29 We anticipate reaching approximately 100 individuals

19:27:34 per workshop.

19:27:35 We would work directly with the East Tampa CRA, whose

19:27:41 staff and advisory board members have almost all

19:27:43 attended our certificate program and who serve on some,

19:27:47 some of them serve our E on our steering committee.

19:27:49 And we have had several of the City of Tampa staff

19:27:52 attend the program.

19:27:53 In addition to that one of the things that we are

19:27:56 trying to did is to reach out to the faith-based

19:27:59 community, through this proposal, we would work with

19:28:01 shepherds care ministries foundation of Tampa Bay, to

19:28:06 really engage the non-profit faith-based organizations

19:28:09 in educating those individuals about community




19:28:12 development and the opportunities that are available.

19:28:15 The last thing that I would say is we heard earlier,

19:28:18 there is the possibility of this CDBG funds being cut

19:28:24 and I think it's a real possibility.

19:28:26 And one of the things that our program and our proposal

19:28:29 does is really bring together those entities that

19:28:31 normally would not have conversations.

19:28:34 Local government, non-profit, but really bring those

19:28:37 individuals together to say hey, what can we do for our

19:28:40 community?

19:28:40 So, I'm here tonight for your support of the project.

19:28:44 And we look forward to our continued partnership with

19:28:47 the City of Tampa.

19:28:48 >>THOMAS SCOTT: Thank you.

19:28:49 Anyone else?

19:28:52 Okay.

19:28:53 We don't need to take any action tonight on these,

19:28:57 right?

19:28:58 >> No, sir.

19:28:59 >>THOMAS SCOTT: Okay.

19:29:00 All right.

19:29:02 Thank you all very much.




19:29:05 >>JOSEPH P. CAETANO: You have any extra money for these

19:29:06 parks?

19:29:07 Don't commit yourself.

19:29:10 [ Laughter ]

19:29:13 >>THOMAS SCOTT: Okay.

19:29:13 Any new business?

19:29:16 >> Mr. Chairman, do we need to close that public

19:29:19 hearing?

19:29:20 >> So moved.

19:29:21 >>THOMAS SCOTT: I don't think you close it, do you?

19:29:24 I don't think you close the public hearing, do you?

19:29:28 >> I believe you do.

19:29:29 Then we have a second one later.

19:29:31 >>THOMAS SCOTT: Okay.

19:29:31 We used to leave ours over at the county.

19:29:34 >>CHARLIE MIRANDA: We are smart people.

19:29:36 [ Laughter ]

19:29:36 >>THOMAS SCOTT: Motion to close?

19:29:38 >> So moved.

19:29:39 >>THOMAS SCOTT: Moved and second.

19:29:40 All in favor signify by saying aye.

19:29:40 Opposes?




19:29:42 Okay.

19:29:44 Councilmember Mulhern?

19:29:49 Welcome back.

19:29:50 >>MARY MULHERN: Thank you.

19:29:52 >>THOMAS SCOTT: Congratulation and welcome back.

19:29:54 >>MARY MULHERN: Thank you.

19:29:55 And welcome back to you for the rest of the month.

19:29:57 I'd like to make a motion for a commendation for

19:30:09 Augustine G. Marty Martinez, Jr., Mr. Miranda's

19:30:15 long-time dominoes competitor, in celebration of his

19:30:20 90th birthday.

19:30:22 To be presented on March 26th to him.

19:30:28 >> Second.

19:30:29 >>THOMAS SCOTT: Moved and second.

19:30:30 All in favor signify by saying aye.

19:30:32 >>MARY MULHERN: By the way, that you would be going to

19:30:34 his party and presenting -- if you can't, I'll go.

19:30:38 >>CHARLIE MIRANDA: I would love to go, but my backup at

19:30:41 the racetrack can't work, so I can't go, so I know you

19:30:44 can ably handle it.

19:30:47 >>MARY MULHERN: One of us will be there.

19:30:48 >>THOMAS SCOTT: Councilman Miranda?




19:30:52 >>CHARLIE MIRANDA: Thank you.

19:30:55 >>MARY MULHERN: I'd like to ask the solid waste

19:30:58 department to come to next week's meeting, someone from

19:31:01 solid waste or recycling.

19:31:03 To discuss the possibility of how we can recycle all

19:31:08 the campaign yard signs.

19:31:09 I understand that St. Pete has some kind of program or

19:31:14 ability to recycle all those.

19:31:15 If somebody could come and give us a report.

19:31:19 >>THOMAS SCOTT: Moved and second.

19:31:20 All in favor.

19:31:21 Opposes?

19:31:22 Okay.

19:31:24 Councilman Miranda?

19:31:25 >>CHARLIE MIRANDA: Thank you motorcycles collar man.

19:31:26 First of all, the fleet Mason division has been awarded

19:31:29 the blue seal of excellence.

19:31:30 The public works is proud to report that fleet

19:31:33 maintenance division has been awarded a blue seal of

19:31:36 excellence certificate from the national institute of

19:31:38 August service excellence.

19:31:40 This say ward in fleet maintenance is certain that our




19:31:42 training, focus, understanding of technical manuals and

19:31:47 staff and that these individuals have done an

19:31:49 outstanding job in fleet maintenance study and pass the

19:31:52 certification test.

19:31:54 And we're very proud of them.

19:31:55 Commendations, three of them.

19:31:58 One for Bonnie Wise, who has done an outstanding job

19:32:02 for the city.

19:32:03 As the head of finance, second is for Cindy Miller, who

19:32:09 departs with us on 3-31 to move back to Atlanta.

19:32:12 I'm sure her husband likes that.

19:32:14 And appreciates that.

19:32:18 And third is for the Tampa Catholic basketball team who

19:32:22 had a repeat.

19:32:24 In other words, they won the state championship two

19:32:26 years in a row.

19:32:28 Now it's very difficult, because they got to go and

19:32:31 three-peat this thing next year and win another state

19:32:35 championship.

19:32:35 But I'm sure they're capable of doing that.

19:32:35 So that's my three, Mr. Chairman.

19:32:38 >>THOMAS SCOTT: Moved and second.




19:32:39 All in favor signify by saying aye.

19:32:40 Opposes?

19:32:42 >> Mr. chairman, was there a date for those

19:32:44 commendations?

19:32:46 >>CHARLIE MIRANDA: I think that these will be given

19:32:48 out -- I'm going to ask did Tampa Catholic girls to

19:32:51 come, if they, and it will go from there.

19:32:54 The other two we'll do them in the office and we'll

19:32:57 work with the chairman to bring them in as they're

19:33:00 getting ready to leave, because this is very close.

19:33:03 >> Thank you.

19:33:04 >>THOMAS SCOTT: Okay.

19:33:05 Councilmember Miller?

19:33:08 >>GWEN MILLER: I have nothing.

19:33:10 >>THOMAS SCOTT: Councilmember Capin?

19:33:17 >>JOSEPH P. CAETANO: Thank you.

19:33:17 I was asked by Councilman Stokes to bring up the issue

19:33:23 about the bridge to nowhere as it's called in New

19:33:25 Tampa.

19:33:26 Speaking to our attorney, she mentioned that what he's

19:33:30 looking for is the delay of the bridge, let the new

19:33:35 administration do it.




19:33:36 But I'm not sure whether it's been out and awarded yet.

19:33:40 So, let's get an opinion from the legal counsel at the

19:33:45 next meeting, or do you have an answer now?

19:33:50 >>THOMAS SCOTT: I thought the request this morning, why

19:33:52 was he wanted the new administration to take a look at

19:33:55 it versus -- I don't know if we had legal authority or

19:33:58 not.

19:33:59 I mean, you can always request.

19:34:00 But I don't think you can tell administration what to

19:34:03 do.

19:34:05 >>JULIA COLE: What I understood was the request was to

19:34:08 have Council request that the administration delay

19:34:10 moving forward on the contract for the New Tampa bridge

19:34:13 until there's a new administration, new City Council.

19:34:15 I'm not a hundred percent sure of where they are in the

19:34:19 process.

19:34:20 I know the City Council knows where the charter rules

19:34:24 are.

19:34:25 City Council acts and there's a contract coming forward

19:34:27 and the administration acts to go ahead and negotiate

19:34:31 this contract and bring those forward.

19:34:33 So, I don't know that it would be appropriate to vote




19:34:35 on a resolution or an action to delay the

19:34:38 administration.

19:34:39 But you certain will I have the right to ask the

19:34:41 administration for information or whatever other things

19:34:44 this Council deems appropriate on this particular

19:34:46 issue.

19:34:47 I can go into background about it, but I think that

19:34:50 might be more appropriate for you to bring forward

19:34:51 another time.

19:34:52 >> That would be my request, Mr. Chairman, have the

19:34:55 administration come back to us with an answer.

19:34:57 I have two more issues.

19:34:59 >> If I can, to clarify, that would be the

19:35:01 administration provide a report on the status of that

19:35:04 project.

19:35:05 Council can then at the up as to what it wishes to do.

19:35:09 I have a motion and vote on that.

19:35:10 >>THOMAS SCOTT: Moved and second.

19:35:11 Fall favor signify by saying aye.

19:35:15 >>JOSEPH P. CAETANO: Next one, I previously brought

19:35:16 before the Council, idea of moving our city elections

19:35:19 back from March to November to increase voter turnout




19:35:22 and save the city more than $1.2 million in election

19:35:26 costs.

19:35:26 Therefore I would like to make this motion to add this

19:35:29 to discussion on our staff reports at the

19:35:32 March 17th meeting about moving the city elections in

19:35:35 the next election cycle.

19:35:44 >>THOMAS SCOTT: Is there a second?

19:35:46 >> Second, no, sorry.

19:35:47 >>THOMAS SCOTT: Is there a second?

19:35:50 >>JOSEPH P. CAETANO: Okay, died.

19:35:51 Next one, I previously asked Council to delay any

19:35:54 proposal votes addressing street solicitation in the

19:35:57 city until the county took action.

19:35:58 They have now passed an ordinance and it's time for the

19:36:01 city to act as well.

19:36:02 Therefore in light of the recent action taken by the

19:36:04 board of county commissioners, I make a motion to add

19:36:07 the discussion under staff reports at the

19:36:09 March 17th meeting about repealing the city's existing

19:36:12 solicitation ordinance that would place the city under

19:36:16 county jurisdiction when it comes to enforce being a

19:36:18 ban on street solicitation and panhandling.




19:36:21 And it would help the Tampa Police Department enforce

19:36:24 this important public safety issue.

19:36:28 >>THOMAS SCOTT: Is there a second?

19:36:29 Okay.

19:36:30 No second.

19:36:31 Anything else?

19:36:36 I have two items here.

19:36:37 One is request by Darrell Smith for our request for the

19:36:41 task force to make their report on the 17th, which I

19:36:44 thought we already did this.

19:36:45 This is on the water task force.

19:36:47 Their recommendations.

19:36:48 >> So moved.

19:36:49 >>THOMAS SCOTT: He's requesting 30 minutes.

19:36:54 >>GWEN MILLER: Have a motion and a second.

19:36:56 All in favor of the motion say aye.

19:36:57 Opposed nay.

19:36:59 >>THOMAS SCOTT: Then the other one is also request

19:37:00 coming from Darrell Smith for the mayor to appear for

19:37:08 address City Council during the March 24th Council

19:37:11 session at 9:00 a.m. to say farewell.

19:37:13 >> So moved.




19:37:15 >> Second.

19:37:15 >>GWEN MILLER: Motion and a second.

19:37:16 All in favor of the motion say aye.

19:37:19 >>CHARLIE MIRANDA: Madam Chair, he moved the operation.

19:37:27 >> Did you get that, Mr. Clerk?

19:37:29 >> One last item, Mr. Chairman.

19:37:31 Last week, Councilman Caetano and Miranda seconding,

19:37:39 expressing support for the revised regulations relating

19:37:41 to the travel to Cuba.

19:37:42 And the purpose of that was to voice support for Tampa

19:37:46 International Airport receiving the rights for travel

19:37:49 to Cuba.

19:37:50 I passed out to the Council a copy to the clerk, the

19:37:54 news release from the Tampa International Airport, TIA

19:37:58 that was dated Monday, and also the letter from U.S.

19:38:02 Customs and Border Protection stating that they in fact

19:38:05 did have that happen.

19:38:07 Therefore, the intention or the purpose of the motion

19:38:10 specifically for that purpose is now moot.

19:38:13 However, I was wondering whether Council would be

19:38:15 willing to still continue to voice continued support

19:38:19 for that, but expand the motion or the resolution in




19:38:22 two areas.

19:38:23 Number one, because of the issues that were raised with

19:38:28 Senator Rubio's continued opposition to this, to

19:38:33 include in the resolution of the City Council the City

19:38:34 of Tampa, that the City Council would oppose efforts to

19:38:38 restrict flights only from Miami, New York and Los

19:38:40 Angeles.

19:38:41 If you wish that in a resolution.

19:38:44 The other one would be, and a Chairman Scott is very

19:38:47 familiar with this, the house bill with appropriations,

19:38:53 actually the legislature has restrictions placed on

19:38:59 Florida colleges and universities that prevents them

19:39:02 with educational exchanges with Cuba.

19:39:05 So the question would be whether Council wishes to have

19:39:07 that included in the resolution to urge the legislature

19:39:09 to remove those restrictions.

19:39:18 >>CHARLIE MIRANDA: Let me say this, the first part I

19:39:20 don't support, even though I spoke against it, because

19:39:23 Tampa is -- Tampa's not the only city now that will

19:39:27 have flights.

19:39:28 There's other cities, Atlanta, New Orleans, Orlando,

19:39:31 and so forth and so on.




19:39:32 So I thinks that a moot question.

19:39:34 The first part was monetarily, only for Miami.

19:39:39 So now, that has blossomed into a tree with many

19:39:43 flowers.

19:39:44 And so that's not, it's a moot question.

19:39:49 It's gone.

19:39:49 It's going to happen.

19:39:50 The second part, I would hate to see any universities

19:39:55 in any country not be able to exchange ideas with

19:39:59 people their own age.

19:40:00 I'm in full support for that.

19:40:03 >>THOMAS SCOTT: Councilmember Capin?

19:40:04 >>YVONNE CAPIN: I'd like to move to amend it to include

19:40:08 the university.

19:40:10 >> Second.

19:40:14 >>THOMAS SCOTT: That would go to the state, to the

19:40:16 legislative delegates.

19:40:19 >> Resolution of Council.

19:40:20 It can be done, distributed to whoever you wish.

19:40:22 The issue with regard to Council taking the position

19:40:28 whether it opposes any additional attempts to restrict

19:40:33 travel to Cuba, or you don't wish to deal with that?




19:40:40 >>CHARLIE MIRANDA: A possibility to change.

19:40:44 >>YVONNE CAPIN: Well, neither is the university.

19:40:46 But we are asking our delegation to promote it.

19:40:49 >>CHARLIE MIRANDA: University is a whole different ball

19:40:51 pack.

19:40:51 I'm not opposed to the item.

19:40:53 But I want to understand that this body never put an

19:40:59 embargo on Cuba, and this body doesn't have the right

19:41:02 to change an embargo on Cuba.

19:41:04 So for me to say that I'm going to do something and

19:41:06 send papers that no one's moving and no whereon's

19:41:09 listening, it's a waste of time and money.

19:41:16 >>MARTIN SHELBY: I guess, and I had a chance to discuss

19:41:18 this briefly today with Mr. Michelini, who raised the

19:41:20 issue at the Council meeting.

19:41:22 The issue that he stated to Council was his concerns

19:41:27 that there are some in congress who wish to step

19:41:31 backwards, from where -- even in light of what happened

19:41:34 on Monday, to take away that right.

19:41:36 There was just some concern whether Council wanted a

19:41:39 position on that.

19:41:41 >>MARY MULHERN: I don't think we need to.




19:41:42 If that happens, then we could address it perhaps, but

19:41:46 we got the flights were approved.

19:41:49 Out of Tampa.

19:41:51 So I think -- I think we don't need to do that.

19:41:55 >>THOMAS SCOTT: At the university we do.

19:41:56 Because legislation exempted out.

19:42:04 So we have to send that letter.

19:42:07 >> We could do a cover letter after the resolution is

19:42:09 filed with the clerk.

19:42:11 >>CHARLIE MIRANDA: Let me say one further thing.

19:42:12 Why students?

19:42:13 First of all, my experience has been a visiting couple

19:42:18 times is that they don't hate Americans.

19:42:20 They really don't.

19:42:22 Americans don't hate them.

19:42:25 This is ideological thing that has not changed.

19:42:31 It will change because when young people of the same

19:42:33 age get together, they can change the tide of the

19:42:37 world.

19:42:37 It happened many times without firing one shot, the

19:42:41 Berlin wall.

19:42:42 That was removed without one shot.




19:42:44 Countries have gone down.

19:42:48 Russia changed.

19:42:49 Without one shot.

19:42:51 Other countries have not.

19:42:54 The Libyan situation is very dangerous.

19:42:56 But I'm not involved in Libya.

19:42:57 Because I have no say-so in Libya.

19:43:01 So what I'm saying, I want to help and I want to foster

19:43:04 it, and I think it starts by doing things that we're

19:43:07 doing, by young people meeting with young people and

19:43:09 having an understanding of sharing of ideas, and you'll

19:43:12 see how country will change when these young people get

19:43:15 together.

19:43:17 >>THOMAS SCOTT: Yes?

19:43:19 >>MARTIN SHELBY: One last clarification.

19:43:20 The purpose of the motion last time was when it was

19:43:23 made, was in support of flights from TIA to Cuba.

19:43:30 Now that being resolved, do you still want that in

19:43:32 there or do you want that part removed?

19:43:35 The support of that?

19:43:40 I'm just asking Council.

19:43:42 >> In continuance of that, in adding to it.




19:43:45 >> Adding the legislative issue of the college and

19:43:49 university.

19:43:50 I just need direction because my concern was, based on

19:43:52 what the motion said, what happened on Monday rendered

19:43:55 that moot.

19:43:56 >>THOMAS SCOTT: Right.

19:43:57 That's our thought too.

19:43:58 You -- you addressed, that's a moot issue.

19:44:04 I thought you said we don't need to address that now,

19:44:07 right?

19:44:08 >> The travel.

19:44:10 >>MARY MULHERN: I don't even remember --

19:44:13 >>THOMAS SCOTT: The issue now more the university.

19:44:16 >>MARY MULHERN: We were supporting it.

19:44:17 It's already happened.

19:44:18 >>THOMAS SCOTT: So the motion now would be to address

19:44:20 the University.

19:44:23 >>MARTIN SHELBY: I apologize.

19:44:24 I just wanted to bring back what Council's intention

19:44:26 was.

19:44:28 >>THOMAS SCOTT: It's a moot issue now.

19:44:30 Okay.




19:44:31 Moved and second that's the resolution for the college

19:44:45 student, universities to travel to Cuba.

19:44:49 >> That will replace the motion about flights to Cuba

19:44:52 then.

19:44:53 >>THOMAS SCOTT: Yes, right.

19:44:54 Moved and second.

19:44:55 All in favor signify by saying aye.

19:44:57 Opposes?

19:44:58 Okay.

19:45:00 >> Moved to receive and file the documents of today.

19:45:02 >> Second.

19:45:03 >>THOMAS SCOTT: Moved and second.

19:45:04 All in favor signify by saying aye.

19:45:04 Okay, anything else need to come before City Council?

19:45:08 Okay.

19:45:08 All right.

19:45:09 We stand adjourned.

19:45:11 (Meeting adjourned.)

19:45:12



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