Help & information    View the list of Transcripts


TAMPA CITY COUNCIL

Thursday, November 17, 2011
9:00 a.m. Session


DISCLAIMER:

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


09:05:11 >>CHARLIE MIRANDA: City Council called to order.

09:05:13 Chair yields to Mary Mulhern for the invocation.

09:05:18 Quiet in the audience.

09:05:23 >>MARY MULHERN: Good morning.

09:05:23 It is my great pleasure and honor to introduce Sister Maria

09:05:32 Babatunde from St. Peter Claver School to give us our

09:05:39 invocation this morning.

09:05:41 Sister Maria?

09:05:49 >> Father in heaven, we thank you for the gift of this day.

09:05:52 We thank you for the gift of all our city officials.

09:05:56 We thank you for their families and all the citizens.

09:05:59 Thank you for your many blessings.

09:06:02 Thank you for life itself, for the measure of health we need

09:06:05 to fulfill our calling.




09:06:07 For sustaining us and for friendship.

09:06:12 Thank you for the ability to be involved in useful work and

09:06:15 for the honor of dealing appropriate responsibilities.

09:06:19 And as Christians, you have said that citizens are to obey

09:06:23 the governing authorities since these authorities have been

09:06:27 established by you to promote peace, order and justice.

09:06:31 Therefore, I pray for our mayor, for the various levels of

09:06:36 city officials, and in particular, for this assembled

09:06:40 Council.

09:06:40 I'm asking that you would graciously grant them wisdom to

09:06:45 govern and accomplish interests and issues of our times.

09:06:49 A sense of the welfare and true needs of our people.

09:06:54 I pray first for justice and rightness.

09:06:57 Confidence in what is good and decent.

09:06:59 The ability to work together in harmony, even when there is

09:07:03 honest disagreement.

09:07:04 Personal peace in their life and joy in their task.

09:07:11 I pray for the agenda set before them today.

09:07:13 Please give an assurance of what will please you and what

09:07:18 will benefit those who live and work in and around the City

09:07:21 of Tampa.

09:07:21 We ask that you be the center of what thou will be done and

09:07:26 discussed today.

09:07:26 Bless and sanctify all their decisions so that they may see

09:07:31 your glory and the benefit of all the people they serve.




09:07:34 It is in your most blessed name that I pray, Amen.

09:07:42 [PLEDGE OF ALLEGIANCE]

09:07:59 >>CHARLIE MIRANDA: Roll call.

09:07:59 [Roll Call]

09:08:01 >>MIKE SUAREZ: Here.

09:08:02 >>YVONNE CAPIN: Present.

09:08:03 >>FRANK REDDICK: Here.

09:08:07 >>MARY MULHERN: Here.

09:08:09 >>LISA MONTELIONE: Here.

09:08:11 >>CHARLIE MIRANDA: Here.

09:08:11 At this time, we will do the commendation for the police

09:08:16 officers of the month.

09:08:18 And we're very grateful for all the good work that they do.

09:08:21 And councilmember Reddick will do that.

09:08:31 >>FRANK REDDICK: Good morning, chair and members of the

09:08:35 Council.

09:08:36 It is my pleasure to introduce our Officer of the Month.

09:08:40 Who is Detective Nicholas Heron.

09:08:44 And he's been given this honor for the month in

09:08:47 November 2011.

09:08:49 And we will have additional information about Detective

09:08:52 Heron.

09:08:54 >> Thank you, Council.

09:08:56 Good morning, Council.

09:08:57 I'm here on behalf of Chief Jane Castor and the Tampa Police




09:09:01 Department to present Detective Nicholas Heron to you as our

09:09:05 Officer of the Month.

09:09:06 I'm going to talk about one case he did in particular, but

09:09:09 he's been doing good police work for the city of Tampa for

09:09:11 14 years.

09:09:12 He's been a detective since '08, and he's currently assigned

09:09:15 to the strategic investigations bureau.

09:09:21 [ Laughter ]

09:09:21 You need to behave yourself, Mr. Chair.

09:09:27 [ Laughter ]

09:09:27 >> And this case started in January of '11.

09:09:32 He initiated a cocaine trafficking investigation into an

09:09:34 organization which was distributed kilogram quantities of

09:09:38 cocaine in Tampa, through a supplier in California.

09:09:40 The suspects he determined were long-time career criminals

09:09:45 and they had a significant negative impact on the quality of

09:09:47 life in the City of Tampa.

09:09:49 They'd been operating in this manner for several years.

09:09:51 So during the four-month period Detective Heron worked with

09:09:54 members of the immigration and customs enforcement agency

09:09:56 and other state and local agencies as well.

09:09:59 They identified the key members of this criminal drug

09:10:02 trafficking organization and through surveillance, reviews

09:10:05 of official records, cell phone bills and a myriad of other

09:10:09 investigative techniques, Detective Heron was able to build




09:10:12 a case against the local seller of this drug trafficking

09:10:16 organization.

09:10:16 They were shipping the cocaine by car, by truck and they

09:10:18 were buying a brand new car in Nevada, shipping it to Tampa

09:10:22 as legitimate purchase transfer, only to discover kilograms

09:10:25 of cocaine concealed in the car.

09:10:27 Also, the money from the cocaine, the proceeds was being

09:10:29 sent back to California and then ultimately Mexico and South

09:10:31 America.

09:10:32 The money was being transported through couriers who

09:10:37 traveled throughout the United States collecting money for

09:10:39 the organization.

09:10:40 Several seizures of the money and cocaine were accomplished

09:10:41 as the investigation concluded.

09:10:42 Detective heroin -- Detective Heron utilized --

09:10:47 [ Laughter ]

09:10:47 Sorry.

09:10:48 I'll talk about the heroin case later.

09:10:54 Detective Heron utilized multiple sources of investigative

09:10:57 assistance.

09:10:59 An open line of communication with several agencies.

09:10:59 Obviously, this went across the whole country.

09:11:00 So, because of his reputation and the reputation he has in

09:11:04 the narcotics investigation community, he was able to

09:11:06 establish those relationships among his peers nationwide.




09:11:11 The end result of Detective Heron's pursuit of the dangerous

09:11:14 organization, was the arrest of 19 people from Florida to

09:11:16 California; the seizure of 41 kilograms of cocaine; five

09:11:21 pounds of methamphetamine; 14 firearms and $1.3 million in

09:11:24 drug proceeds.

09:11:27 Because of Detective Heron's commitment to excellence and

09:11:30 sustained efforts over the course of this complete six-month

09:11:33 investigation and dedication to the Tampa Police

09:11:34 Department's mission, that's why he was chosen as Officer of

09:11:37 the Month for November 2011.

09:11:39 And I'm proud to present him to you.

09:11:48 [ Applause ]

09:11:49 >> On behalf of the Tampa City Council, we would like to

09:11:51 present this accommodation to you.

09:11:52 Congratulate you on being selected Officer of the Month for

09:11:57 November 2011.

09:11:58 >> Thank you, sir.

09:12:03 [ Applause ]

09:12:07 >> On behalf of the Tampa PBA and the troops, a $100 visa

09:12:11 gift card to use as you see fit.

09:12:14 Congratulations.

09:12:15 >> Thank you.

09:12:20 >> He can come up.

09:12:23 >> I honor you with four tickets.

09:12:28 >> Thank you very much.




09:12:29 >> Good morning.

09:12:30 Steve Stickley representing Stepp's Towing service, Jim and

09:12:34 Judy Stepp.

09:12:36 That's an awesome job that you did.

09:12:36 We're real proud of you, and on behalf of Stepp's Towing,

09:12:43 I'd like to present this small token of our gesture.

09:12:46 Gift card to Lee Roy Selmon.

09:12:48 >> Thank you very much.

09:12:53 >> I'm Frank Desoto representing Bill Currie Ford and the

09:12:58 Currie family.

09:12:59 We'd like to join with the Council and the whole city of

09:13:02 Tampa and congratulating you on a job well done.

09:13:06 This watch is a token of our appreciation.

09:13:09 >> Thank you very much.

09:13:09 >> I'm from Island Flowers, running a little late.

09:13:14 But these are not really for you.

09:13:15 They're for your significant other.

09:13:17 I'm a little late.

09:13:20 >> Thank you very much.

09:13:20 Appreciate it.

09:13:27 >> I've got Nicholas junior here with me.

09:13:35 >> See all this stuff?

09:13:37 See all these people?

09:13:38 [ Laughter ]

09:13:43 >>CHARLIE MIRANDA: Steve, he's not looking at much when he




09:13:46 looks at me.

09:13:46 [ Laughter ]

09:13:46 >> Well, I was trying to get this gift certificate back from

09:13:49 him for Bern's, but he wanted it.

09:13:52 You're going to have to fight your son for this.

09:13:54 On behalf of Bern's Steak House, we're providing you with a

09:13:57 hundred dollar gift certificate so you can go and enjoy that

09:14:01 with your wife.

09:14:02 And a family portrait from Prestige Portrait.

09:14:07 Congratulations for what you do for us.

09:14:08 And we appreciate all your hard work.

09:14:10 >> Thank you very much.

09:14:11 Appreciate that.

09:14:18 >> First of all, I'm completely overwhelmed with the

09:14:21 generosity of the businesses here and the PBA.

09:14:25 Good morning, Council.

09:14:26 Appreciate you guys recognizing this award.

09:14:29 It means a lot to me.

09:14:30 Been working obviously for 14 years.

09:14:32 First time I won this award.

09:14:35 Feel very blessed.

09:14:36 Want to thank a couple people.

09:14:40 Some couldn't be here.

09:14:41 My sergeant, Sergeant Ford.

09:14:43 Obviously, he put this award in.




09:14:46 He's been a very good sergeant over the years.

09:14:48 Appreciate him recognizing hard work.

09:14:53 He submitted that to Major Mormon.

09:14:56 He's also been very supportive in my career.

09:15:01 He decided to put this in the staff for Officer of the

09:15:04 Month.

09:15:06 I'm very thankful that he did that.

09:15:08 Obviously, our staff for choosing this over obviously

09:15:13 probably several other, you know, submissions to the staff

09:15:17 for Officer of the Month.

09:15:19 Definitely appreciate them and their support.

09:15:21 Obviously, my family, been very supportive over the years.

09:15:26 Working long hours and definitely appreciate their support.

09:15:30 Jessie, my wife.

09:15:31 And that's it.

09:15:33 Appreciate it.

09:15:33 Thank you.

09:15:34 [ Applause ]

09:15:43 >>CHARLIE MIRANDA: On behalf of the citizens we really want

09:15:45 to thank you.

09:15:46 All your department for the excellent work that you do.

09:15:48 And just the other day I was having coffee at a little

09:15:51 restaurant.

09:15:52 I was in there with some deputy chief of police, and some

09:15:56 lady was having trouble swallowing.




09:15:58 He immediately went to help out.

09:16:00 And got his walky-talky and called.

09:16:03 That's our assistant chief right here with us today.

09:16:06 His son also got a scholarship at Marcie's university in New

09:16:10 York, baseball.

09:16:11 We are appreciative of that and the work he's done at Jesuit

09:16:15 High School.

09:16:16 Thank you very much.

09:16:17 Next, we have a presentation of a water wise award.

09:16:21 That will be done by Councilmember Mary Mulhern.

09:16:39 >>MARY MULHERN: Good morning.

09:16:42 I'm honored to be able to present the water wise award this

09:16:46 morning to Steve and Laura Barber.

09:16:49 In recognition of being the winner of the 2011 community

09:16:56 water wise award, presented by the Tampa Bay Water and

09:16:59 Hillsborough County extension services, Florida yards and

09:17:02 neighborhoods program.

09:17:02 This annual competition was created to recognize those who

09:17:06 have committed to conserving our water resources and

09:17:10 protecting the environment by using attractive

09:17:13 Florida-friendly landscaping.

09:17:14 Mr. and Mrs. Barber's beautiful yard included several

09:17:18 elements of these landscaping practices, such as planting

09:17:21 drought tolerant trees and plant, grouping plants with

09:17:24 similar water and maintenance needs, utilizing alternative




09:17:28 mulches that are environmentally friendly, providing for the

09:17:31 use of rain harvesting devices and the creation of a

09:17:35 landscape bed that serves to retain stormwater run-off on

09:17:38 the property.

09:17:39 City Council of the City of Tampa congratulates you on being

09:17:44 selected and thanks you for your commitment to water

09:17:46 conservation and for demonstrating by example that beautiful

09:17:49 yards are possible, utilizing these methods.

09:17:52 And Steve and Laura are my neighbor.

09:17:55 And their garden is amazing.

09:17:57 They've just been very gracious about opening it up to

09:18:00 everyone to see and being on the garden tours.

09:18:03 And congratulations.

09:18:04 [ Applause ]

09:18:09 >>MARY MULHERN: Eli Franco of our water department is going

09:18:12 to present them with their stepping stone to place in their

09:18:17 garden.

09:18:17 >> Thank you, and good morning.

09:18:19 On behalf of Tampa Bay Water, Hillsborough County extension

09:18:24 office, certainly the City of Tampa water department, we

09:18:27 want to present you with this stone, which is water wise

09:18:32 2011, recognition of you winning this award this year.

09:18:36 Congratulations.

09:18:38 And thank you for representing our community.

09:18:40 >> Thank you.




09:18:40 [ Applause ]

09:19:21 >>CHARLIE MIRANDA: Next on the agenda is the presentation

09:19:29 commendation for the parks recreation department in

09:19:33 recognition of the accreditation of the parks, and

09:19:37 Councilmember Mary Mulhern will do that one.

09:19:41 >>MARY MULHERN: Thank you, Mr. Chairman.

09:19:43 It's an honor and pleasure to present to our Parks

09:19:47 Department a commendation from City Council for their hard

09:19:52 work and achieving the accreditation.

09:19:58 In recognition of this national accreditation from the

09:20:02 commission for accreditation of park and recreation agency,

09:20:07 CAPRA, accreditation is the only national accreditation for

09:20:11 parks and recreation agencies, measure of overall quality of

09:20:16 management and service to the community.

09:20:18 Accreditation is an extension multiyear process -- extensive

09:20:21 multiyear process and requires park and recreation agencies

09:20:25 to respond to 144 standards representing the elements of the

09:20:29 effective and efficient parks and recreation operation.

09:20:32 To become accredited, agencies must meet 36 standards deemed

09:20:38 fundamental to a quality agency and at least 92 of the

09:20:41 remaining standards.

09:20:42 The City Council of the City of Tampa congratulates the

09:20:46 parks and recreation department for becoming the 100th

09:20:49 agency in the country currently holding national

09:20:52 accreditation for the commission of accreditation of parks




09:20:55 and recreation agencies.

09:20:58 I'm presenting this to you, Karen Palus, our parks and

09:21:00 recreation director.

09:21:02 And I think that's quite a distinct achievement.

09:21:06 There are only a hundred parks and rec departments in the

09:21:09 country, one of two probably in the state.

09:21:11 So thank you, and all the parks and recreation department

09:21:14 for all your hard work on this.

09:21:16 [ Applause ]

09:21:35 >> Good morning, Council.

09:21:36 It's truly my honor to be here today as the director of the

09:21:41 parks and recreation department for this great City of

09:21:44 Tampa.

09:21:45 We have a few of our folks behind us, on behalf of our

09:21:50 entire parks and recreation family, I cannot say enough

09:21:54 about this group.

09:21:56 They have worked so hard through all of the standards,

09:22:00 through all of the excellence that was in our organization,

09:22:04 within our community, to be able to be recognized as the

09:22:08 100th agency within the nation as an accredited

09:22:12 organization.

09:22:12 Please if you would, help me give them a round of applause.

09:22:16 Just a few here.

09:22:19 [ Applause ]

09:22:22 >> I get the pleasure of standing here, but they're the ones




09:22:25 out there day in and day out doing all the work for our

09:22:28 organization.

09:22:28 In making our community the strength it is.

09:22:31 I wanted to share with you, several of us had the pleasure

09:22:37 of defending our accreditation.

09:22:41 I wanted to share what they stated is our strength for our

09:22:45 organization.

09:22:45 And I think you all will be very pleased and proud with that

09:22:49 visitation team identified four areas that we excelled

09:22:53 tremendously in.

09:22:54 As our in leadership and 1256.

09:22:55 Again, that's over 500 plus employees out there within the

09:22:58 City of Tampa working hard for our community.

09:23:01 Our community support and engagement.

09:23:04 We have a tremendous amount of folks that work with us day

09:23:06 in and day out and help us to be successful.

09:23:09 Our cooperative partnerships in today's day and age when

09:23:12 governments cannot do things alone, we depend on those

09:23:14 partnerships and they depend on us to make great things

09:23:18 happen in our city.

09:23:19 Last but not least, our diversity and quality of our Tampa

09:23:23 parks and recreation facilities.

09:23:24 If you remember when they were here, they were very placed

09:23:26 to stay not only are our new facility in great shape, but so

09:23:31 are our older facility.




09:23:33 This team out there day in and day out, boots on the ground,

09:23:36 make it happen and really do wonderful things to keep our

09:23:39 facilities in great shape.

09:23:40 Provide great programs for our community.

09:23:42 And it's a tribute to this organization to be able to say

09:23:46 that we're an accredited agency, but it's something I've

09:23:50 always known.

09:23:51 They're a tremendous group of professionals.

09:23:54 They're the best of the best and we could not deal without

09:23:57 their hard work and it's really a labor of love.

09:24:00 You talk with any of them, they enjoy what they do and for

09:24:04 our community.

09:24:04 On behalf of us, we wanted to also recognize Council this

09:24:08 morning.

09:24:08 We all are receiving cap RA pins, so you can join in our

09:24:18 success.

09:24:18 We need your support and we need your effort and all the

09:24:20 things you allow us to do and be a part of.

09:24:23 We're fortunate to have first mayor Iorio and now mayor

09:24:27 Buckhorn who supported us in this effort.

09:24:29 Our administration, and most of all, our community.

09:24:32 So we wanted to thank you on behalf of our agency.

09:24:35 Here is your own pin to wear distinctly.

09:24:38 And again, thank you for this commendation this morning.

09:24:52 It's just a privilege to be a part of this organization in




09:24:54 this community.

09:24:55 Thank you.

09:24:57 [ Applause ]

09:25:09 >>CHARLIE MIRANDA: Thank you very much.

09:25:10 Now we go, I need a motion for approval of the agenda.

09:25:14 >> Motion to approve.

09:25:15 >>CHARLIE MIRANDA: I have a motion by Ms. Mulhern, second by

09:25:18 Mr. Suarez.

09:25:18 All in favor of the motion, please indicate by saying aye.

09:25:25 The ayes have it unanimously.

09:25:25 We'll wait for a second till the room kind of empties out.

09:25:52 >>CHARLIE MIRANDA: Okay.

09:25:53 We go now to public comments.

09:25:55 We have 30 minutes set aside for this.

09:25:57 Preference will be given for anyone who like to speak on an

09:26:02 item on the agenda for three minute.

09:26:04 Those have preference first.

09:26:05 After that, we go to items that are not on the end why.

09:26:08 Anyone in the audience care to speak on any item that is on

09:26:11 the agenda, except those that are set for public hearings?

09:26:15 I see none.

09:26:19 Anyone who would like to speak on any item that is not on

09:26:23 the agenda?

09:26:24 Please come forward for three minutes.

09:26:39 >> I'm ed, I'll finally get to talk about what I've come to




09:26:44 several meetings to talk about, which is the red light

09:26:46 cameras.

09:26:46 My understanding from what's said around the community, is

09:26:52 that the insurance industry wanted those put in because

09:26:58 there were a lot of very horrific accident by people trying

09:27:03 to run a red light.

09:27:05 But that doesn't tell what the root of the problem is.

09:27:08 You'll probably be getting a lot of feedback with this with

09:27:12 $160 ticket.

09:27:13 I got nabbed with one of them.

09:27:15 I went to court on it because it was wet that day.

09:27:18 I didn't feel like slamming my brakes on.

09:27:20 I thought that would increase the risk.

09:27:22 But, I got nabbed.

09:27:23 It was about $7,025,789.

09:27:25 Maybe now it would be 80 or 90.

09:27:28 But the thing is that 16 a dares is going to break a lot of

09:27:33 families struggling along.

09:27:36 So there's a certain fairness to the motorist.

09:27:39 Now, the root of the problem is the traffic department.

09:27:44 Which I think is county.

09:27:46 But this is so bad, there needs to be a county workshop on

09:27:50 it.

09:27:51 So people need to talk to people as county commissioners and

09:27:54 say, we need a workshop.




09:27:56 And bring these people from the traffic department to answer

09:27:59 for these horrendously long lights, most especially on the

09:28:04 north-south roads that people from traffic never use.

09:28:07 They use the east-west roads when they come off the freeway.

09:28:11 They go about these places like New Tampa and town and

09:28:14 country, urban sprawl incarnate.

09:28:17 So this is a group of people not with the program.

09:28:21 These long lights, people are trying to get to an

09:28:24 appointment, they can't sit at a light for three or four

09:28:26 minutes.

09:28:27 So they take a chance.

09:28:28 That is the meat of the problem.

09:28:30 And the bus drivers today were talking about, we go going

09:28:34 along the bus way, they get longer and longer.

09:28:37 I many, it's just going to keep getting worse and worse

09:28:40 until something's done about it.

09:28:41 Now, I don't know if you need to bring in a management

09:28:44 consultant and mostly to look at HART, but then secondly, to

09:28:50 look at the traffic department.

09:28:52 But something's got to be done.

09:28:54 When I said that this is as unfair as deer coy, I made a

09:28:59 mistake.

09:28:59 This was something thrown around in Wisconsin.

09:29:03 Deer coy is actually a plastic thing that looks like a deer.

09:29:08 You put it next to yourself.




09:29:11 And the other deer isn't afraid.

09:29:14 What was being talked about was pheromones.

09:29:16 That they put lady deer pheromones around and when a buck

09:29:25 thinks he's going to get lucky, blam.

09:29:28 It's cruel.

09:29:28 A lot of Hunters think it's too unfair.

09:29:33 That's exactly what these red light cameras are to the

09:29:35 motorist.

09:29:36 It's not dealing with the problem.

09:29:38 Secondarily, it can be applied to turning cars.

09:29:41 You've got to get to the root of this.

09:29:45 >>CHARLIE MIRANDA: Thank you very much.

09:29:46 Anyone else in the audience care to speak on any item that

09:29:49 is not on the agenda?

09:29:51 Any item that is on the agenda?

09:29:54 I see no one.

09:29:55 We go now to item number 3.

09:29:57 Collins Center.

09:29:58 To make their presentation.

09:30:01 On preforeclosure mediation.

09:30:06 >>LISA MONTELIONE: Thank you, Mr. Chair.

09:30:08 I would like to welcome this morning two board members of

09:30:12 the Collins Center.

09:30:13 And two staff members.

09:30:16 Like to recognize Ms. Betty Castor, who is with us this




09:30:21 morning.

09:30:21 And Mr. Roy Collins the third.

09:30:23 The Collins Center was created by govern LeRoy Collins.

09:30:29 He hoped -- he launched what he would hope would be a

09:30:32 lasting legacy to his leadership.

09:30:34 Some of the important work that the Collins Center has done

09:30:37 has highlighted issues such as community building, objective

09:30:42 analysis, by the Florida senate on lifting a moratorium on

09:30:46 gas and oil drilling in the Gulf of Mexico.

09:30:49 Government transparency.

09:30:50 Election reform.

09:30:51 Hurricane insurance, civic education.

09:30:53 And a black tourism boycott.

09:30:56 Today, they're here to speak about an important subject,

09:30:59 especially in this economic time.

09:31:01 And that is foreclosure mitigation.

09:31:03 Many of the homeowners in the City of Tampa and our citizens

09:31:07 are suffering from adversity because of their underwater

09:31:12 homes.

09:31:13 And they're facing foreclosure.

09:31:15 And the ability to deal with that is a very important

09:31:19 subject.

09:31:20 And I'm just thrilled and happy that the Collins Center has

09:31:24 turned their attention to this issue.

09:31:25 So, I'd like to welcome to the microphone Mr. Ned pope,




09:31:30 along with Estella gray.

09:31:33 She's up here taking photographs.

09:31:35 Who have briefed me on the work that they're doing and I'm

09:31:42 hoping not only Council today, but all those watching and

09:31:45 the media will take note of the work that the Collins Center

09:31:48 is doing.

09:31:48 So Mr. Pope.

09:31:50 >> Thank you, Councilwoman.

09:31:53 Council chair Miranda, appreciate the opportunity today.

09:31:55 Also like to thank mark Garza for helping us get this set

09:32:00 up.

09:32:00 As Councilwoman Montelione said, I'm fled pope.

09:32:06 Vice-president for Collins Center for public policy.

09:32:08 Obviously named after former governor LeRoy Collins.

09:32:11 And essentially what we are is a public service oriented

09:32:15 non-profit.

09:32:16 We are independent.

09:32:17 We are nonpartisan.

09:32:20 We focus on problems in each community, not only in the

09:32:23 individual communities, but also statewide.

09:32:25 Some of our programs end up actually having a national

09:32:30 effect.

09:32:30 One of those types of programs is the one referenced today.

09:32:34 What I'm here to talk to you about is foreclosure mediation,

09:32:38 specifically a preforeclosure mediation program.




09:32:40 That we are now running with the assistance of Fannie Mae.

09:32:43 Now, some of you all have heard about this circuit courts

09:32:46 mediation program.

09:32:47 That's a concept where if someone has a foreclosure filed

09:32:51 against theming, a file is automatically sent to a statewide

09:32:55 non-profit like ourself for a -- or a local non-profit, like

09:32:59 a bar association.

09:33:00 And they facilitate that bar and receive mediation with the

09:33:04 help of a court certified mediator.

09:33:07 As a neutral party to facilitate discussion between the

09:33:10 banking representative and the borrower, see if there's any

09:33:13 opportunity to create some sort of a workout that would

09:33:15 avoid the foreclosure.

09:33:16 Now, although we have a great deal of confidence in that

09:33:19 program, one of the biggest glaring weaknesses of that

09:33:22 program is it happens after the foreclosure is filed.

09:33:24 So, you're already in the litigative process and the court

09:33:28 process, if you will.

09:33:29 Furthermore, at that stage, many of these people are so far

09:33:32 behind on their mortgage that sometimes a modification is

09:33:35 simply not realistic.

09:33:37 Within their financial circumstances.

09:33:38 So, what we have been doing for over the last year is

09:33:41 working with Fannie Mae, who all of you know is the largest

09:33:45 lending institution essentially in the nation, on a




09:33:47 streamline process that moves that mediation program to an

09:33:51 earlier stage of delinquency.

09:33:53 So that way, if we have success on it, we can actually avoid

09:33:56 the foreclosure altogether.

09:33:57 So it becomes part of their loss mitigation toolbox, if you

09:34:01 will, that lets people get workouts and avoid the

09:34:05 foreclosure.

09:34:05 The way this program works is, at a second month of

09:34:08 delinquency, so essentially 60 to 65 days, these cases come

09:34:12 to us directly from Fannie Mae.

09:34:14 We have set up neutral facilities all over the state that

09:34:17 are very large one here in Tampa now.

09:34:20 We have set up the process of making sure that the borrowers

09:34:23 get financial counseling, get any sort of discussion or

09:34:27 counseling that they need on the actual foreclosure process

09:34:29 and what it could mean to them if they have to go through

09:34:32 that.

09:34:32 And try to work with them to see if we can come up with a

09:34:36 substantive solution.

09:34:37 The culmination of this process is a mediation, where they

09:34:40 sit down with the help of a civil court certified mediator

09:34:43 and representative from Fannie Mae and try to get workouts.

09:34:47 This program has been very successful.

09:34:49 Over 70% of the people who participate in our project walk

09:34:52 out and avoid the foreclosure in some way.




09:34:54 The majority of those people get a loan modification, get to

09:34:57 stay in their home.

09:34:58 Some get other options.

09:35:00 If they see there's not really a capability for them to stay

09:35:03 in the home, they get a liquidation offer, short sale, deed

09:35:09 in lieu of foreclosure, so they can move on but still not

09:35:12 have that foreclosure on their credit and essentially

09:35:14 ruining their opportunity to ever be a homeowner again in

09:35:17 the near future.

09:35:18 We are very confident in this program and process.

09:35:22 We would invite you all to come out to our facility at any

09:35:24 time that you'd like to.

09:35:26 Sit in on some mediations, meet some of the people going

09:35:28 through this.

09:35:29 The regular everyday people who just hit a very tough

09:35:32 situation with the economy.

09:35:33 And I have to commend Fannie Mae for stepping to the

09:35:36 forefront on this.

09:35:37 Taking the initiative on an innovative project like this, so

09:35:41 we can do it before it hit the court system.

09:35:43 So, we're certainly very confident in this program.

09:35:47 The biggest obstacle we have is participation.

09:35:50 Getting the word out to people.

09:35:51 I got a story for you all.

09:35:53 We do a program for the circuit court also in the tenth




09:35:56 circuit.

09:35:56 And we were over there recently.

09:35:58 I think it was probably six or seven month ago.

09:36:01 And WFLA did a story on the court program.

09:36:06 We went over there to a borrower who was a former member of

09:36:10 the Air Force.

09:36:11 And she had disability issues and had to leave the force.

09:36:17 Her husband was also a member of the force.

09:36:19 He passed away.

09:36:20 And they received what the military refers to as a death

09:36:24 benefit.

09:36:25 Her daughter turned 18.

09:36:28 Filed as an independent to get financial aid to go to the

09:36:30 University of South Florida.

09:36:31 And the day she did that, she lost $1,500 in that death

09:36:35 benefit from the VA.

09:36:37 Because her daughter had registered as an independent.

09:36:40 So, she was being foreclosed upon.

09:36:42 She was looking for solutions, trying to find answers as to

09:36:45 how she could get out of this problem.

09:36:48 And she got the letters and the calls from the Collins

09:36:50 Center offering the court program free of charge, the same

09:36:54 way the Fannie Mae program is.

09:36:56 There's no charge for people to participate.

09:36:58 So she decided to participate.




09:37:00 A former civil judge over in the tenth circuit, judge green,

09:37:03 who is now retired, but he's also certified mediator.

09:37:06 He ended up being the mediator.

09:37:08 They worked out an option.

09:37:09 She got a modification and after almost a year of not being

09:37:12 able to get a hold of anyone, with her bank just to talk to

09:37:16 her about her situation, she was able to get a workout.

09:37:19 Now, the biggest thing about this process that disturbed me

09:37:23 was, we were over there doing the interview and discussing

09:37:25 with the borrower her situation, and talking with the

09:37:28 reporter, and halfway through, we had to stop.

09:37:31 Because the woman started mentioning all these names of

09:37:33 people who helped her get in touch with the Collins center

09:37:37 that I didn't recognize on our staff.

09:37:38 So, when we started to dig more into it, she started handing

09:37:41 me cards.

09:37:42 Essentially what happened to this woman was, she was

09:37:45 contacted by a third party, a private entity, that told her

09:37:48 they could get her in touch with someone who could work out

09:37:51 her mortgage, if she paid them $2,000.

09:37:54 So, this person was essentially an entity was mass raiding

09:38:00 some be -- masquerading someone to help her.

09:38:05 We had to stop the interview because she broke down in tears

09:38:08 when she realized she was vacate of fraud.

09:38:11 We submitted it to the department of justice.




09:38:12 They've been adamant about prosecuting these types of

09:38:15 individuals.

09:38:15 But that's the biggest obstacle we have.

09:38:18 We have people, we offer them official programs.

09:38:21 We say we don't need your money to participate.

09:38:24 Hundred percent free.

09:38:25 Sponsored by legitimate entity.

09:38:27 But we are competing with all those other organizations

09:38:31 calling, trying to charge people money.

09:38:33 Any information you all can get out, Councilwoman Montelione

09:38:37 recommended we get in touch with some homeowners

09:38:40 associations.

09:38:41 They have been receptive putting us in front of their

09:38:43 homeowners so we can get the word out.

09:38:46 But that's the biggest thing.

09:38:47 We are still only getting about 30, 35% participation rate.

09:38:51 The more people we can get into this process and help them

09:38:54 avoid foreclosure altogether, helps the local economy, and

09:38:57 also the more success this program has, the more chance we

09:39:00 have of rolling it out nationwide so we can help even more

09:39:03 people.

09:39:03 So also as a general statement from the Collins Center,

09:39:07 Councilwoman Montelione gave you a little background about

09:39:10 the oranges.

09:39:11 We are a statewide non-profit.




09:39:13 Our mission is tackle the pertinent issues in each of these

09:39:16 communities or on a statewide basis.

09:39:18 We have done everything from research reports, to actually

09:39:22 conceptualizing a solution like the mediation program.

09:39:26 The way this program came about was, Supreme Court appointed

09:39:29 a task force to research the best way to deal with

09:39:31 foreclosures, when Florida hit an all-time high, which was

09:39:35 45,000 foreclosures in one month.

09:39:37 That was in 2009.

09:39:39 When they approached us, with the opportunity to submit a

09:39:43 solution, they came to realize well, why don't you all not

09:39:47 just submit the solution, but also implement it?

09:39:50 So that's how we came to be a foreclosure mediator.

09:39:53 We have done similar programs for the attorney general's

09:39:55 office, office of insurance regulation and very large

09:39:58 program for the department of financial serves to help with

09:40:00 hurricane insurance claims after 2004.

09:40:03 So we have a lot of experience in mass mediation.

09:40:06 But we essentially do all types of programs.

09:40:08 So the other reason that I'm here today is to let you all

09:40:11 know that we have a presence in Tampa.

09:40:12 We have an office over here in the city center.

09:40:15 And we're looking for ideas and ways we can contribute to

09:40:17 this community.

09:40:19 We have a very skilled staff of grant writers.




09:40:21 And quite often, if we can identify a problem, put together

09:40:24 a business plan, we can get private grants and philanthropic

09:40:34 grants.

09:40:35 There are a lot of creative ways to tackle approximate.

09:40:37 We want to make sure that you all know we're here and we're

09:40:40 available to help try and provide solutions for the bay area

09:40:42 and statewide.

09:40:43 So, I appreciate you all's time today.

09:40:47 >> Thank you.

09:40:48 Can you tell us and the viewing audience how to get in touch

09:40:51 with you or Ms. Gray or the staff at the Collins Center for

09:40:54 foreclosure?

09:40:55 >> Certainly.

09:40:56 The best way to do it is just simply go to our web site.

09:40:59 Www.Collins Center.org.

09:41:02 It has all the appropriate phone numbers displayed right

09:41:04 there.

09:41:05 They're all toll free.

09:41:06 1-800-numbers.

09:41:08 We also have a contact form that can be filled out and

09:41:10 submitted.

09:41:11 So that is the best way for anybody's watching at home or

09:41:15 here in the meeting.

09:41:16 We also have these brochures.

09:41:17 We're going, for the clerk, we're going to leave a few with




09:41:20 you and that has information.

09:41:23 >>LISA MONTELIONE: Thank you.

09:41:23 Because we are honored to have Ms. Castor and Mr. Collins

09:41:27 with us this morning, I'd like them to come up and be

09:41:30 recognized.

09:41:34 Mr. Collins, the grandson of LeRoy Collins that the center

09:41:39 bears your name.

09:41:40 Would you like to add anything to what Mr. Pope had to say

09:41:43 and share some thoughts on the Collins Center's work here?

09:41:47 >> We are lucky to have Ned.

09:41:48 He's a great professional.

09:41:50 And if there's any way that you can help us make him a hero,

09:41:55 on this foreclosure, we'd like to do that.

09:42:00 >> Thank you.

09:42:02 >>CHARLIE MIRANDA: Ms. Mulhern?

09:42:05 >>MARY MULHERN: Thank you, Mr. Chairman.

09:42:06 Thank you for what you're doing and for coming to tell us a

09:42:09 little bit about it.

09:42:10 I hope you're ready for all the people that I'm going to

09:42:13 send to call you.

09:42:15 I'm sure all of us know people who need your help.

09:42:19 So it's just a wonderful thing you're doing.

09:42:21 Thank you very much.

09:42:23 >> Thank you very much for the opportunity to address you.

09:42:26 >>CHARLIE MIRANDA: Okay, we go now to requests for




09:42:29 reconsideration of legislative matters.

09:42:31 Anyone in the audience who would like to bring up something

09:42:34 that was passed by the Council in the last meeting?

09:42:38 Can come forward now.

09:42:42 I see no one.

09:42:43 We go now to ordinance presented for first reading.

09:42:48 We go right to left, because I've got no left right now.

09:42:53 With Mr. Suarez.

09:42:55 Item number 4, need to, this order is being presented for

09:43:00 first reading and consideration.

09:43:03 >>MIKE SUAREZ: Move an ordinance for first reading

09:43:05 consideration, ordinance authorizing the installation and

09:43:07 maintenance of an encroachment proposed canopy by the

09:43:12 University of South Florida, GS 1-SL-229 A, board of

09:43:18 trustees over a portion of the right-of-way known as Brorein

09:43:22 street, as more particularly described herein, sunset to

09:43:25 certain terms, covenants, conditions and agreement as more

09:43:28 particularly described herein providing an effective date.

09:43:30 >>CHARLIE MIRANDA: Mocks by Mr. Suarez, second by

09:43:33 Mr. Reddick.

09:43:35 All say aye.

09:43:38 The ayes have it unanimously.

09:43:39 We --

09:43:40 >> Motion carried with Cohen being absent and Montelione

09:43:43 being absent at vote.




09:43:44 Second reading of the ordinance will be held December the

09:43:48 1st at 9:30 a.m.

09:43:50 >>CHARLIE MIRANDA: All right.

09:43:51 December the 1st at 9:30 a.m.

09:43:53 Public safety committee, items 5 through 12, Mr. Frank

09:43:58 Reddick.

09:43:59 >>FRANK REDDICK: Thank you, I move items five through 12.

09:44:03 >>CHARLIE MIRANDA: Have a motion by Mr. Reddick, seconded by

09:44:06 Ms. Capin.

09:44:07 All in favor of that motion, please indicate by saying aye.

09:44:10 Opposed nay?

09:44:12 The ayes have it unanimously.

09:44:14 Parks and recreation committee, public works committee,

09:44:17 Mr. Suarez.

09:44:19 >>MIKE SUAREZ: I move items 20 through 27.

09:44:22 >> Motion by Mr. Suarez, second by Reddick, all in favor of

09:44:25 the motion please indicate by saying aye.

09:44:29 The ayes have it unanimously.

09:44:29 Finance committee, vice chair, Mr. Mike Suarez.

09:44:36 >>MIKE SUAREZ: I move items 28 through 31, can the

09:44:40 substitution that has been submitted by the administration

09:44:43 for item number 30.

09:44:46 >> Second.

09:44:47 >>CHARLIE MIRANDA: Motion with Mr. Suarez, by Ms. Capin

09:44:50 second, closed vote call with Mr. Reddick.




09:44:53 All in favor of the motion please indicate by saying aye.

09:44:57 The ayes have it unanimously.

09:44:57 Go back to the parks recreation culture committee.

09:45:03 Ms. Mary Mulhern.

09:45:05 >>MARY MULHERN: Thank you, Mr. Chairman.

09:45:07 I move items number 13 through 19.

09:45:12 >> Second.

09:45:12 >>CHARLIE MIRANDA: Motion by Ms. Mulhern, second by

09:45:15 Mr. Suarez.

09:45:16 All in favor of the motion please indicate by saying aye.

09:45:19 The ayes have it unanimously.

09:45:20 I'll hold building, zoning and preservation committee for a

09:45:26 couple of minutes.

09:45:26 We now go to transportation committee.

09:45:30 Ms. Yvonne Yolie Capin.

09:45:36 >>YVONNE CAPIN: Yolie.

09:45:37 Thank you, Mr. Chairman.

09:45:40 I move item 53.

09:45:42 >> Second.

09:45:48 >> Please indicate by saying aye.

09:45:49 The ayes have it unanimously.

09:45:49 I don't mind holding building and zoning for a little bit.

09:45:55 I always like to have the chairperson present at that time.

09:45:58 They might have something that we don't know about.

09:46:01 So, at this time, we'll go to, I need a motion to set public




09:46:06 hearing on item 54.

09:46:08 >> A motion to open --

09:46:10 >>CHARLIE MIRANDA: That's just to set for public hearing.

09:46:12 >> Excuse me.

09:46:14 >> Motion to set for public hearing.

09:46:16 >>CHARLIE MIRANDA: Motion by Mulhern, second by Reddick.

09:46:19 To set the public hearing on January 12th, the year 2012.

09:46:23 All in favor of that motion, please indicate by saying aye.

09:46:28 The ayes have it unanimously.

09:46:29 We now have to open second reading and proposed ordinance on

09:46:33 items, let me see.

09:46:36 55, 56, 57 and 58 at this time.

09:46:41 I need that motion.

09:46:42 >> I move to open public hearings, 55 through 58.

09:46:46 >>CHARLIE MIRANDA: Have a motion by Mr. Suarez, second by

09:46:49 Ms. Capin.

09:46:50 All in favor please indicate by saying aye.

09:46:52 Opposed nay.

09:46:54 The ayes have it unanimously.

09:46:54 Go back to, if I may, with consideration to Ms. Montelione

09:47:02 on her committee.

09:47:04 >>LISA MONTELIONE: Thank you, sir.

09:47:05 I apologize.

09:47:07 >>CHARLIE MIRANDA: No problem.

09:47:09 >>LISA MONTELIONE: For not being available.




09:47:10 But I move items, if I can find them on the agenda here.

09:47:14 32 through 53.

09:47:19 >>CHARLIE MIRANDA: Motion by Ms. Montelione, second by

09:47:21 Mr. Suarez.

09:47:22 All in favor please indicate by saying aye.

09:47:24 Opposed nay.

09:47:25 The ayes have it unanimously.

09:47:26 Public hearings are now open.

09:47:30 On 55.

09:47:30 This is an ordinance presented for second reading.

09:47:33 Anyone in the audience who care to speak on item 55?

09:47:37 This is a nonjudicial proceedings.

09:47:43 Non-quasi.

09:47:47 Anyone care to speak on item 55?

09:47:49 I see no one.

09:47:50 >> Move to close.

09:47:52 >>CHARLIE MIRANDA: Motion by Mr. Reddick.

09:47:54 Second by Mr. Suarez.

09:47:55 All in favor please indicate by saying aye.

09:47:57 The ayes have it unanimously.

09:47:59 >> Record and vote.

09:48:07 >>CHARLIE MIRANDA: Record your vote on 55.

09:48:12 >> We need to read it.

09:48:13 >>CHARLIE MIRANDA: You got to read it.

09:48:14 Ms. Capin?




09:48:20 >>YVONNE CAPIN: Thank you, Chairman.

09:48:21 An ordinance being presented for second reading and

09:48:25 adoption.

09:48:25 An ordinance of the City of Tampa, Florida relating to

09:48:27 zoning certifications by the zoning administrator relating

09:48:30 to City Council review hearings by providing for DVDS,

09:48:35 making revisions to City of Tampa code of ordinances,

09:48:39 chapter 27, zoning, amending section 27-368.2, process for

09:48:45 applications for written determinations as certifications,

09:48:48 amending section 27-373, reviewing all ordinances and part

09:49:00 of ordinances in conflict thereof, providing for

09:49:03 severability, providing an effective date.

09:49:05 >> Second.

09:49:05 >>CHARLIE MIRANDA: Motion by Mr. What peen, second by

09:49:07 Mr. Suarez.

09:49:07 Vote and record.

09:49:17 >> Motion carried about Cohen being absent.

09:49:21 >>CHARLIE MIRANDA: We go to item 56.

09:49:23 That's already been opened.

09:49:24 Anyone in the audience care to speak on item number 56?

09:49:28 I see no one.

09:49:29 Night a motion to close.

09:49:30 >> Motion to close.

09:49:31 >>CHARLIE MIRANDA: So moved by Mr. Suarez.

09:49:32 Seconded by Miss Mulhern.




09:49:35 Discussion for Councilmembers, all in favor please indicate

09:49:38 by saying aye.

09:49:38 The ayes have it unanimously.

09:49:39 Mr. Reddick, will you take item 56 please?

09:49:44 >>FRANK REDDICK: I move ordinance being presented for second

09:49:47 reading and adoption.

09:49:48 An ordinance authorizing installation and maintenance of

09:49:53 encroachments proposed balcony with columns, footers,

09:49:57 decorative building parapet, over portions of rights-of-way

09:50:01 known as 8th avenue and north Avenida Republica de Cuba as

09:50:04 more particularly described herein, subject to certain

09:50:07 terms, covenants, conditions and agreements as more

09:50:10 particularly described herein.

09:50:11 Providing an effective date.

09:50:13 >>CHARLIE MIRANDA: Motion by Mr. Reddick, second by

09:50:16 Miss Mulhern.

09:50:17 Vote and record.

09:50:29 >> Motion carried with Capin and Cohen being absent.

09:50:32 >>CHARLIE MIRANDA: Okay.

09:50:33 Now, 57 and 58 are quasi-judicial, so you would have to be

09:50:39 sworn in.

09:50:40 Anyone in the public going to speak on item 57 or 58?

09:50:43 You have to be sworn in.

09:50:48 [Oath administered by Clerk]

09:50:49 Snook, 57 and 58 have both been opened.




09:50:56 On item 57, anyone in the audience would like to speak on

09:50:59 item 57?

09:51:02 I see no one.

09:51:03 >> Move to close.

09:51:04 >>CHARLIE MIRANDA: Motion by Mr. Reddick, second by

09:51:07 Mr. Suarez.

09:51:07 All in favor please indicate by saying aye.

09:51:10 The ayes have it unanimously.

09:51:10 Ms. Mulhern, would you kindly take number 57 please?

09:51:16 >>MARY MULHERN: Thank you, Mr. Chairman I move an ordinance

09:51:18 being presented for second reading and adoption.

09:51:20 An ordinance authorizing the installation and maintenance of

09:51:23 encroachments two proposed canopies and footers, six

09:51:27 existing building parapets and 12 proposed decorative

09:51:33 sconces, over portions of rights-of-way known as West Grand

09:51:35 Central Avenue and West Kennedy Boulevard with property

09:51:38 addresses of 410 and 40420s with Kennedy Boulevard, Tampa,

09:51:44 Florida, as more particularly described herein, subject to

09:51:47 certain terms, covenant, conditions and agreements, as more

09:51:52 particularly described herein.

09:51:53 Providing an effective date.

09:51:56 >>CHARLIE MIRANDA: Vote and record.

09:52:02 >> Motion carried with Capin and Cohen being absent.

09:52:06 >>CHARLIE MIRANDA: Item 58.

09:52:08 Anyone in the audience care to speak on item number 58?




09:52:12 I see no one.

09:52:14 >> Move to close.

09:52:15 >> Second.

09:52:16 >>CHARLIE MIRANDA: Motion by Mr. Reddick, second by

09:52:18 Mr. Suarez.

09:52:18 All in favor please indicate by saying aye.

09:52:21 The ayes have it unanimously.

09:52:21 Ms. Montelione, would you kindly take 58?

09:52:25 >>LISA MONTELIONE: Yes, practice chair.

09:52:26 I present an ordinance being read for second reading and

09:52:29 adoption.

09:52:29 An ordinance for first readings consideration on an

09:52:32 ordinance vacating, closing, discontinuing and abandoning a

09:52:35 certain right-of-way, alleyway lying east of North Tampa

09:52:37 Street, west of North Florida Avenue, south of east Park

09:52:40 Avenue and north of east Ross Avenue in Tampa Heights

09:52:43 subdivision in the City of Tampa, Hillsborough County,

09:52:45 Florida, the same being more fully described in section 2

09:52:50 hereof, subject to certain easements, covenants conditions

09:52:54 and restrictions as more particularly described herein.

09:52:57 Providing an effective date.

09:52:57 >> I'm sorry, that is for second reading.

09:52:59 Not first read.

09:53:00 >> There was a typo in the agenda is what you're saying.

09:53:04 >>LISA MONTELIONE: So I present an ordinance for second




09:53:06 reading and adoption.

09:53:08 >> Thank you very much.

09:53:08 >>CHARLIE MIRANDA: Motion by Ms. Montelione, seconded by

09:53:11 Mr. Suarez.

09:53:12 All in favor, vote record, do what you like.

09:53:15 But put your finger on the right number.

09:53:17 Vote and record.

09:53:18 Can't vote when it's not cleared.

09:53:25 >> Please stand by, we are experiencing technical

09:53:28 difficulties.

09:53:29 >>CHARLIE MIRANDA: Vote and record.

09:53:36 >> Motion carried with Cohen and Capin being absent.

09:53:40 >>CHARLIE MIRANDA: Now we go to staff reports.

09:53:44 5 through 65.

09:53:47 The first one I need a motion for request to have a workshop

09:53:50 on it on January 26th.

09:53:52 >> So moved.

09:53:52 >> Have a motion by Ms. Montelione, second by Mr. Mulhern.

09:54:01 >> Time please for the workshop.

09:54:04 >> 9:00 a.m.

09:54:06 On January 26th.

09:54:10 >>CHARLIE MIRANDA: Motion by Ms. Montelione for the correct

09:54:13 time.

09:54:13 Seconded by Ms. Mulhern.

09:54:16 All in favor of that motion please indicate by saying aye.




09:54:19 The ayes have it unanimously.

09:54:20 Item number 60 is the one regarding parks and recreation

09:54:24 department for the aquatic studies.

09:54:27 Yes, ma'am?

09:54:27 >> Good morning to the Council.

09:54:29 Karen Palus, parks and recreation director.

09:54:32 I'm here on item 60 regarding our city wide aquatics

09:54:36 facility study.

09:54:37 Thank you for the opportunity to meet with you individually

09:54:39 and be able to go over your specific questions and interest.

09:54:42 As you all are aware, we contracted services with homes

09:54:48 Heffner and associate who consulted with our park design

09:54:51 engineer for overview of our 13 facility within the City of

09:54:55 Tampa.

09:54:55 All pool facility were evaluated.

09:54:58 They look at some site conditions, code issues, they look at

09:55:01 opportunity for new engineering.

09:55:05 To make things more efficient, more green.

09:55:07 And to be more efficient, especially in our water usage and

09:55:12 such.

09:55:12 There's a complete evaluation of all the structures, inside

09:55:15 and out, as all our pool facilities.

09:55:18 It addressed the things such as our Florida building codes,

09:55:22 department of health administrative code and potential

09:55:24 changes that are pending on that, as well as the Virginia




09:55:28 grant Baker Act and all ADA requirement.

09:55:31 As you all have seen, it's three inch binder worth of

09:55:35 information.

09:55:35 Each of those facilities were -- you'll find information

09:55:39 that shows all the layouts, the aerials, each of the floor

09:55:43 plans.

09:55:43 And all of the integrate details about gallonage and when

09:55:50 things were built and conditions of the sites.

09:55:52 As you are aware, we have out of the 13 facilities, we have

09:55:56 identified two facility currently we are moving forward on.

09:55:59 One of which is our Williams Park pool.

09:56:02 We had at previous Council meetings, had stated that we'll

09:56:06 be spending about $1.2 million to move forward on renovation

09:56:10 of that pool facility.

09:56:11 And that is moving along.

09:56:13 We anticipate having a company under contract around the

09:56:18 first of the year or so.

09:56:19 So there will be more to come with Council on that but that

09:56:22 is moving along quite nicely.

09:56:24 The other facility that is under consideration right now is

09:56:28 our Roy Jenkins pool.

09:56:30 And that is currently in the ARC review.

09:56:33 So we'll be finishing up that process with them and then

09:56:37 going back out to the community to share that information.

09:56:39 And allow them the opportunity to built incentives for their




09:56:45 Davis Island improvement fund, which has about half a

09:56:47 million dollars in it.

09:56:48 What we have obligated is 1.1 from the CIT dollars that are

09:56:54 available, with the half a million, if the community so

09:56:56 chooses, to fund that particular recreational improvement on

09:57:00 their property.

09:57:01 So there will be a public meeting coming forward on there

09:57:03 very soon.

09:57:04 That takes care of 1.2 for Williams and 1.1 for Roy Jenkins

09:57:12 out of the 6.5 that's currently available over the next five

09:57:15 years as CIT funds.

09:57:16 What we're currently working on based on the information we

09:57:19 have received from the aquatic study is to evaluate our

09:57:22 existing pools that are operational and fully functioning,

09:57:26 but that have needs that need to be addressed with some of

09:57:29 the code changes.

09:57:30 And some of the ADA modifications that need to be made.

09:57:34 So there will be more information coming forward on that as

09:57:36 we're fully assessing those directions and making

09:57:39 determinations on what needs to be done to those facilities

09:57:43 that are existing and operating and fully functioning

09:57:46 currently.

09:57:47 So more to come in that particular area.

09:57:49 What this study does for us is really outlines all the

09:57:53 conditions so we can make good decisions.




09:57:55 As you all knee, there are limited resources within our

09:57:58 overall budgets to be able to move forward with all our

09:58:02 projects.

09:58:02 We have about what we pulled from the study, is a 15 million

09:58:07 to $20 million items here with all of these different pools

09:58:10 and the cans and sump that we need to address.

09:58:13 With that, we'll be making further decisions working with

09:58:17 the mayor and administration as to how we move forward with

09:58:21 the other projects that are on the list currently.

09:58:24 Any questions?

09:58:26 >>CHARLIE MIRANDA: Any questions by Councilmembers at this

09:58:28 time?

09:58:29 Thank you very much.

09:58:29 Appreciate it.

09:58:30 Items 61, resolution.

09:58:41 I need a movement on that resolution.

09:58:43 >> Move item 61.

09:58:45 >> Have a motion by Mr. Suarez, second by Mr. Reddick.

09:58:49 All in favor of that motion, please indicate by saying aye.

09:58:52 Opposed in nay?

09:58:54 The ayes have it unanimously.

09:58:55 Item 62 is unfinished business, another resolution being

09:58:58 moved to spend money for water and sewer.

09:59:02 >> Move item 62.

09:59:05 >> Second.




09:59:06 >>CHARLIE MIRANDA: Second by Mr. Reddick, on of 62.

09:59:08 All in favor of that motion, please indicate by saying aye.

09:59:12 Opposed nay.

09:59:13 The ayes have it unanimously.

09:59:13 Item 63, it's the --

09:59:18 >> Move item 63.

09:59:21 >> Motion by Mr. Montelione, second by Mr. Reddick.

09:59:25 All in favor of the motion please indicate by saying aye.

09:59:28 The ayes have it unanimously.

09:59:28 Item 64.

09:59:29 To transfer funds for stormwater grant for Drew Park.

09:59:34 >> Move that item 64.

09:59:36 >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by

09:59:38 Ms. Mulhern.

09:59:39 All in favor please indicate by saying aye.

09:59:41 The ayes have it unanimously.

09:59:41 Item 65 is the contracting agreement for Hillsborough

09:59:49 Avenue.

09:59:50 >> Moved by Mr. Reddick, second by Mr. Mulhern.

09:59:55 All in favor of the motion?

09:59:55 >> That was me.

09:59:58 >> I'm sorry.

09:59:58 I got the wrong M.

10:00:06 I have a motion by Mr. Reddick, second by Mrs. Montelione.

10:00:09 All in favor please indicate by saying aye.




10:00:11 The ayes have it unanimously.

10:00:12 Okay.

10:00:14 We go to item 66 through 69.

10:00:19 Those are public hearings.

10:00:20 >> Move to open --

10:00:21 >>CHARLIE MIRANDA: Quasi-judicial.

10:00:22 Anyone in the audience --

10:00:24 >> Not until 10:30.

10:00:27 >>CHARLIE MIRANDA: Council is doing so great, we're better

10:00:30 than the Cardinals.

10:00:33 And they are world champions.

10:00:34 We'll go for information report at this time from

10:00:36 Councilmembers.

10:00:37 We'll go right to left.

10:00:38 On new business by Councilmembers.

10:00:41 Mr. Suarez?

10:00:43 >>MIKE SUAREZ: Nothing at this time.

10:00:44 >>CHARLIE MIRANDA: Thank you.

10:00:45 Mr. Reddick?

10:00:46 >>FRANK REDDICK: Thank you Mr. Chairman.

10:00:47 You probably heard about the tragic, very, very sad incident

10:00:56 that took place last incident on 43rd street, with a

10:01:00 pregnant lady who was traveling down 43rd and hit by a car

10:01:07 and she died.

10:01:09 The baby, we do not have -- trying to save the baby.




10:01:14 And it was -- Mr. Chairman, if you can indulge, I want to

10:01:18 show on whatever you call that thing.

10:01:23 The thing.

10:01:24 >>CHARLIE MIRANDA: That's what I call it.

10:01:28 >>FRANK REDDICK: I just want the chair and members of the

10:01:31 Council to see this, as well as the public.

10:01:33 That is 43rd.

10:01:39 You see the arrow.

10:01:40 She was hit right there on the, on the left side, in

10:01:46 Hillsborough Avenue, as you see, going east and west.

10:01:49 And you can see there is no sidewalks.

10:01:55 It's a narrow area.

10:01:57 And a narrow street.

10:01:58 And she and three other people were walking towards

10:02:02 Hillsborough, last night, they were hit.

10:02:05 She died on the spot.

10:02:08 And they trying to save the baby.

10:02:10 With that, just say thank you -- I want to request that park

10:02:19 and -- public works report to Council on December the 1st,

10:02:25 to see what we can do to try to find a way to put sidewalks

10:02:31 or make that walkway very, very safe for those who live in

10:02:37 that area.

10:02:37 Secondly, I have also consulted and continue to talk with

10:02:43 TECO, because there's no light.

10:02:46 There's just one pole on that whole street.




10:02:50 And there's not enough lighting.

10:02:52 And I listened to one of the officers who was on the scene

10:02:57 last evening state that the very, very poor lighting.

10:03:02 So, I'll be in consultation with TECO to see if we can get

10:03:10 some lighting there.

10:03:11 And if you cross Hillsborough, you can see where the truck

10:03:15 was parked.

10:03:16 There's still no lighting.

10:03:18 And it's just a bad, very, very bad situation.

10:03:21 And just within a half a block going south of this street

10:03:28 here, 43rd, is a magnet school, called Williams magnet

10:03:34 school.

10:03:34 This is a heavy traffic area for young folks that go --

10:03:45 because west of this, just a block over, there is two

10:03:48 apartment complexes, where, got a lot of families that live

10:03:54 in there.

10:03:55 And this area is very, very close to area in which I live,

10:04:00 and it's just a very, very sad situation what happened.

10:04:03 And my condolences go out to the family and hopefully they

10:04:08 can save that baby from dying.

10:04:12 So I just wanted to show that area view.

10:04:16 And give you a sight of what transpired last evening.

10:04:22 And hopefully we can get something done about this.

10:04:24 And I hate to inform you, but thanks to Councilwoman Capin,

10:04:33 just informed me that the baby died.




10:04:36 That's very sad.

10:04:37 So, just wanted to bring that to attention of Council.

10:04:41 And hope public works can help us find a way to improve that

10:04:46 area.

10:04:46 That's one item.

10:04:49 Second item, on a softer note, I'm requesting park and

10:04:58 recreation to, and they've agreed to do this, to court to

10:05:03 Council December the 15th to consider, what we have, wood

10:05:08 land terrace community center.

10:05:11 They have parks and recreation current I -- currently

10:05:14 installed a fitness trail at this facility.

10:05:18 I'm asking park and recreation to report to Council on how,

10:05:24 give us consideration on how they can remain that fitness

10:05:29 trail after a strong public servants live in that community,

10:05:35 icon in that community, and that is Ruth J. Fleming.

10:05:41 They are willing to consider that and we'd just like for

10:05:44 them to come before the Council and make that consideration

10:05:47 known.

10:05:48 Thank you.

10:05:48 >>CHARLIE MIRANDA: Thank you very much, Mr. Reddick.

10:05:50 We go back to first motion on the tragic accident that

10:05:54 happened there.

10:05:55 Now it's killed two people.

10:05:57 We go to Ms. Montelione, then Miss Mulhern.

10:06:00 >>LISA MONTELIONE: Thank you.




10:06:01 I'll second Mr. Reddick's motion to have that area of 43rd

10:06:07 and east Hillsborough, and then again also to the south,

10:06:10 where the elementary school is as well.

10:06:12 Roadways and being on the MPO, my fellow MPO members know,

10:06:20 every chance I get, I talk about how we're number one in

10:06:24 pedestrian deaths in the country.

10:06:27 And we are not a safe place if you're trying to cross the

10:06:30 street.

10:06:31 Especially in this area at night with no lighting.

10:06:34 So I commend Mr. Reddick for reaching out to TECO to see

10:06:37 what they can do to bring some lighting there.

10:06:39 East Hillsborough as far as I recall is a county road, so

10:06:42 perhaps we can get the county to also step up to bring some

10:06:48 improvements.

10:06:49 I know our transportation department, Mr. Dorzback does a

10:06:52 fantastic job.

10:06:54 We have asked, or I've asked, we the Council to bring

10:06:57 forward the list of sidewalks and priorities of where those

10:07:00 sidewalks are going to be implemented.

10:07:02 So, this area is greatly in need of improvements.

10:07:07 And perhaps the city can work with the county and step up

10:07:11 the activities of sidewalk and pedestrian safety in this

10:07:15 area.

10:07:16 >>CHARLIE MIRANDA: Thank you very much for seconding that.

10:07:18 Ms. Mulhern?




10:07:20 >>MARY MULHERN: Thank you.

10:07:20 I hadn't heard about this till just now.

10:07:28 Councilman Reddick, it is very sad.

10:07:30 I was on the MPO and chairing livable roadways committee for

10:07:37 the last three years, or four years.

10:07:40 And have been talking to our transportation department and

10:07:44 supporting this in the county on the MPO, that we make this

10:07:50 a pedestrian-friendly region and city, especially, and I

10:07:56 repeated what I've been asking for for years in our

10:08:00 workshop, I think it was last week.

10:08:03 Where we talked about sidewalks that we make school areas

10:08:09 the number one priority.

10:08:11 So, I'd like to -- if Councilman Reddick wouldn't mind,

10:08:17 maybe add to your request for, report from public works.

10:08:23 Also for our legal department to let us know if there's a

10:08:27 way that we could codify how we determine that kind of

10:08:33 safety requirement.

10:08:33 We may not be able to do that, but if there's any way that

10:08:37 this Council could try to have an ordinance that would help

10:08:43 to put the sidewalks in where we need them most for

10:08:47 pedestrians, especially children and families.

10:08:52 So, I don't know.

10:08:53 Mr. Shelby, is that something we could do?

10:08:57 >>MARTIN SHELBY: To request the administration to come back

10:08:59 with recommendations in order to accomplish -- how would we




10:09:05 phrase that?

10:09:07 >>MARY MULHERN: The priority -- prioritization of safety in

10:09:13 areas where it's most needed.

10:09:15 >>MARTIN SHELBY: You're asking if it can be codified and

10:09:17 placed in the code of ordinances?

10:09:19 >>MARY MULHERN: Yes.

10:09:20 >>MARTIN SHELBY: That would be an appropriate motion to ask.

10:09:22 >>MARY MULHERN: Thank you.

10:09:23 So I guess that's a motion.

10:09:26 >>CHARLIE MIRANDA: All right.

10:09:26 I'll go back to Mr. Suarez.

10:09:29 >>MIKE SUAREZ: Thank you, Mr. Chair.

10:09:31 I know Mr. Reddick lives in this area, and I actually travel

10:09:37 in this area every single day.

10:09:39 My child goes to Williams, and the lack of sidewalks, the

10:09:47 lack of lights, the lack of just basic things.

10:09:51 I pass by children that are going along the side of the

10:09:54 street with no sidewalk to walk on, to Williams every day.

10:09:59 And unfortunately, it takes things like the tragedy last

10:10:04 night to really wake people up to this kind of fact.

10:10:07 Now, the East Tampa CAC, our citizens advisory committee,

10:10:12 has already told us the extreme need for sidewalks in East

10:10:16 Tampa.

10:10:17 And unfortunately, this proves what they've been saying to

10:10:21 us all along.




10:10:22 We need to find a way to make sure that these streets are as

10:10:25 safe as they can be.

10:10:27 I applaud Councilman Reddick for bringing up the fact TECO

10:10:34 having more lights in that area.

10:10:35 As I say, I'm there every single day.

10:10:38 I'll be there later this afternoon in that area.

10:10:40 43rd, 44th, 45th, all those areas, they get backed up, they

10:10:45 get a lot of traffic in the afternoon.

10:10:47 And in the morning.

10:10:48 And there's a lot of dangerous situations that have not

10:10:52 happened yet, thank goodness.

10:10:53 But, I appreciate you bringing that up, because I see that

10:10:56 every day and I think we really need to do something to find

10:10:59 the money necessary to improve that area.

10:11:01 Thank you.

10:11:04 >>CHARLIE MIRANDA: Okay.

10:11:04 Let me go take these motions one at a time.

10:11:07 First one was Mr. Reddick.

10:11:09 And I believe the second one, seconded by Ms. Montelione.

10:11:18 That's the one regarding the tragic accident and the

10:11:21 sidewalk and the lighting.

10:11:22 So I'll take that motion first.

10:11:24 All in favor of that motion, please indicate by saying aye.

10:11:27 Opposed nay.

10:11:28 The ayes have it unanimously.




10:11:29 The second motion, Mr. Reddick made, would you kindly

10:11:32 refresh.

10:11:34 >>FRANK REDDICK: That was with the park and recreation to

10:11:35 report back on December 15 N.

10:11:37 >>CHARLIE MIRANDA: Report back on December 15th.

10:11:39 That was made by Mr. Reddick, seconded by Ms. Mulhern.

10:11:46 Yes, sir?

10:11:47 >>FRANK REDDICK: Just for clarification, that was to rename

10:11:49 the Woodlawn Terrace.

10:11:52 Ruth J Fleming.

10:11:56 >>CHARLIE MIRANDA: All in favor of the motion please

10:11:58 indicate by saying aye.

10:11:59 Opposed nay.

10:12:00 The ayes have it unanimously.

10:12:01 Then we have a motion, I believe made by Mrs. Mulhern.

10:12:09 >>MARY MULHERN: The motion was to hear from legal on options

10:12:16 for Council to codify the prioritizing of -- sorry.

10:12:22 Prioritizing the sidewalk construction, putting areas where

10:12:32 there are schools, as the number one priority.

10:12:35 And that could -- I'd like that to be heard at the same time

10:12:40 as Councilman's Reddick, requesting from public works.

10:12:44 >>CHARLIE MIRANDA: Motion by Councilmember Mulhern, second

10:12:46 by Councilmember Capin.

10:12:48 All in favor of the motion please indicate by saying aye.

10:12:51 Opposed nay.




10:12:52 The ayes have it unanimously.

10:12:53 We go back on new business.

10:12:56 Mr. Capin, you were out.

10:12:58 I skipped you.

10:12:59 Any new business you'd like to present?

10:13:01 >>YVONNE CAPIN: Yes, sir.

10:13:01 Thank you.

10:13:02 I'd like to, if you recall, we had a commendation to

10:13:09 Middleton High School robotics team back in the spring for

10:13:13 their winning first place.

10:13:14 And then they were back here last month talking about their

10:13:18 new project.

10:13:19 And I'm very happy to report and congratulate Middleton high

10:13:24 school robotics team for beating the current world record

10:13:28 last Saturday and came in first and second place in their

10:13:31 first tournament of the season.

10:13:33 Congratulations to Middleton high school.

10:13:36 >>CHARLIE MIRANDA: Motion by Mrs. Ka pane, second by

10:13:39 Mr. Reddick.

10:13:40 All in favor of the motion please indicate by saying aye.

10:13:42 Opposed nay.

10:13:43 The ayes have it unanimously.

10:13:44 Okay, Ms. Mulhern, any new business?

10:13:47 >>MARY MULHERN: Thank you, Mr. Chairman.

10:13:48 Yes, I have a couple of commendations that I would ask




10:13:55 Council to share in giving to Jeremy Hellickson, who is the

10:14:04 rookie of the year.

10:14:08 Rookie pitcher for the Tampa Bay Rays.

10:14:11 And I'd like us to present a commendation to him.

10:14:16 And also, and I guess this can be one motion, to, a

10:14:21 commendation to Joe Maddon, who is American league manager

10:14:26 of the year.

10:14:27 I don't have a date because I don't know if we can -- but

10:14:30 we'll do our best to see if we could get these stars to come

10:14:34 here to accept the commendation.

10:14:37 If they can't, we'll get somebody to come.

10:14:41 When they can be here, we'll present it.

10:14:44 >> Second with a friendly amendment.

10:14:46 Make sure that you put American league rookie of the year.

10:14:52 >>MARY MULHERN: I didn't say that?

10:14:54 >>FRANK REDDICK: We want to make sure we got it right.

10:14:56 Because the poor guy, if he has to deal with those national

10:14:59 league players during the year, it's going to be big trouble

10:15:02 for him.

10:15:02 >>MARY MULHERN: I think he's the MLB rookie of the year.

10:15:05 It's American league?

10:15:07 >>FRANK REDDICK: Yes.

10:15:08 >>MARY MULHERN: We'll make sure.

10:15:09 The Tampa Bay Ray.

10:15:12 >> That's right.




10:15:13 I'll second that.

10:15:15 >>CHARLIE MIRANDA: Wow wow wow, I think we are talking about

10:15:17 Libya and the third thing I forgot, which was energy.

10:15:21 [ Laughter ]

10:15:21 Talking about myself.

10:15:24 But anyway, we have a good motion by Mr. Mulhern, seconded

10:15:31 by Mr. Suarez.

10:15:32 I'd be remiss if I didn't say that the world champion

10:15:37 manager is from Tampa.

10:15:40 Tony La Russa from the National League.

10:15:42 All in favor of that motion please indicate by saying aye.

10:15:46 Opposed nay.

10:15:49 The ayes have it unanimously.

10:15:50 You have another one?

10:15:51 >>MARY MULHERN: Just wanted to remind you, we're in Tampa

10:15:53 Bay, when we give those accommodations to our hometown team.

10:15:57 >>CHARLIE MIRANDA: I go back to Ms. Capin, I'm sorry, I cut

10:16:00 you short.

10:16:01 >>YVONNE CAPIN: Thank you.

10:16:02 Along the lines of Middleton High School robotic team.

10:16:06 I want to add principal Owen young will be working behind

10:16:10 the counter in east Hillsborough McDonald's from 6:00 to

10:16:14 8:00 p.m. December the 8th, this is a PTSA Poncier

10:16:20 fundraiser partnership with McDonald's to raise money for

10:16:23 Middleton High School.




10:16:24 And their projects.

10:16:26 So, that is -- that was the end of it.

10:16:30 Thank you.

10:16:30 >>CHARLIE MIRANDA: Thank you very much.

10:16:31 I appreciate it.

10:16:31 He does a good job serving.

10:16:34 Okay, Ms. Montelione.

10:16:37 >>LISA MONTELIONE: Thank you, Mr. Chair.

10:16:39 I just learned that my office received a call from

10:16:42 Mr. Lopano from the airport authority, from TIA.

10:16:47 His presentation was scheduled, he was scheduled to come

10:16:50 before City Council on December 1st at a.m.

10:16:52 To update us on the master plan.

10:16:54 He's unable to make it on December 1st.

10:16:59 And the next available date that Mr. Lopano can be here to

10:17:03 update us is February 7th.

10:17:06 So I'd like to change that presentation from December 1st at

10:17:10 9:00 a.m. to February 16th at 9:00 a.m.

10:17:14 >>CHARLIE MIRANDA: Motion by Ms. Montelione, second by

10:17:16 Mr. Suarez.

10:17:17 All in favor of that motion please indicate by saying aye.

10:17:19 Opposed nay.

10:17:20 The ayes have it unanimously.

10:17:21 Anything else?

10:17:23 >>LISA MONTELIONE: No, sir, not at this time.




10:17:25 >> Mr. Chair?

10:17:26 >>CHARLIE MIRANDA: Yes, sir.

10:17:26 >> I do have one item new business that was not ready when

10:17:29 you came to me the first time.

10:17:31 Beg your permission.

10:17:32 >>CHARLIE MIRANDA: Certainly.

10:17:33 You're entitled to like me make various mistakes.

10:17:36 >> Thank you, sir, I appreciate that.

10:17:37 November is national entrepreneur's month.

10:17:43 But the national entrepreneur's day has been proclaimed by

10:17:46 president Obama and that is November 19th.

10:17:49 I'd like a commendation to the USF's small business

10:17:54 development center for their efforts on national

10:17:56 entrepreneur's day and on small business Saturday, which is

10:17:59 November 26th.

10:18:00 We're all going to be shopping for Christmas.

10:18:03 I hope everyone will go out there and go to purveyors

10:18:09 locally-owned and operated, so we can get our gift out

10:18:12 there.

10:18:12 I'd like a commendation for those two days.

10:18:15 >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by

10:18:17 Ms. Montelione.

10:18:18 Further discussion of that motion?

10:18:19 All in favor of the motion please indicate by saying aye.

10:18:21 Opposed nay.




10:18:22 The ayes have it unanimously.

10:18:23 So we have an additional 15 minutes.

10:18:28 So I don't have enough jokes for 15 minutes.

10:18:34 >>LISA MONTELIONE: I can talk about something that I'm

10:18:36 working on for a minute.

10:18:38 I had the occasion to meet someone from the Federal Reserve

10:18:48 not long ago.

10:18:49 And had proposed that a workshop, a small business workshop

10:18:54 be conducted here in Tampa.

10:18:56 They had previously done workshops in Jacksonville.

10:18:59 And they had done one in the southern Gulf coast, but they

10:19:02 had not presented one here.

10:19:03 So, I have worked out with the folks at the Federal Reserve

10:19:10 for them to come here and do a small business workshop to

10:19:15 present the banking community, the credit unions, technical

10:19:21 assistance advisors to mall business entities, would be the

10:19:27 focus of that workshop.

10:19:28 So, they are working on bringing the office of the

10:19:32 comptroller of the currency, the FDIC.

10:19:36 And members of the Federal Reserve here to Tampa sometime

10:19:41 during the first two weeks of February.

10:19:43 They'll be discussing availability of funds through the SBA

10:19:47 programs.

10:19:48 I have someone from the enterprise Florida coming down to

10:19:55 speak about the credit opportunities that enterprise Florida




10:20:00 has.

10:20:00 And this workshop will, is still taking shape.

10:20:05 The programming is under discussion and we are entertaining

10:20:10 suggestions from the business community on what it is they

10:20:12 would like to have discussed.

10:20:15 Now, the audience for this workshop is not going to be the

10:20:19 individual small businesses themselves.

10:20:21 But those who provide the credit -- the access to credit and

10:20:25 technical assistance to those businesses.

10:20:28 It's going to be a monumental moment for us, because any

10:20:36 small business out there will tell you that the issues that

10:20:39 they have is access to credit.

10:20:42 I've attended several workshops conducted by state officials

10:20:47 and federal officials on what the biggest problems are

10:20:51 facing our small businesses in expansion and relocation and

10:20:56 entrepreneurial efforts.

10:20:58 And that is access to credit.

10:21:00 So, bringing the individuals here representing the agencies

10:21:05 who have the opportunity to make a difference in that

10:21:10 environment of access to credit and the availability of

10:21:13 credit will be of great assistance to us.

10:21:18 So, that will be -- we haven't hammered out a date yet.

10:21:21 We know it won't be a Thursday.

10:21:23 But, sometime during the first two weeks of February.

10:21:28 The folks at the Federal Reserve are coordinating with the




10:21:31 federal agencies who are coming down.

10:21:34 I'm coordinating with the state agencies and the local

10:21:37 entities.

10:21:37 The small business development center, the mall business

10:21:40 information center, enterprise Florida, as I mentioned --

10:21:46 also working with the Florida next foundation to have the

10:21:52 speakers lined up.

10:21:54 I'm just very excited about this opportunity to bring them

10:21:57 here and help our community move forward and bring the jobs

10:22:02 that come with small business expansion, relocation and

10:22:05 support the mayor's efforts in trying to make this a city

10:22:10 that is welcome to new businesses.

10:22:14 >>CHARLIE MIRANDA: Thank you very much, Ms. Montelione.

10:22:16 If we're going to extend recess for 11 minutes till 10:30.

10:22:22 (Recess till 10:30 a.m.)

10:37:07 >>CHARLIE MIRANDA: Councils called back to order.

10:37:10 Session.

10:37:10 Roll call?

10:37:12 [Roll Call]

10:37:13 >>MIKE SUAREZ: Here.

10:37:15 >>FRANK REDDICK: Here.

10:37:17 >>MARY MULHERN: Here.

10:37:19 >>LISA MONTELIONE: Here.

10:37:20 >>CHARLIE MIRANDA: Here.

10:37:22 >>CHARLIE MIRANDA: Okay, we need 66 through 69.




10:37:29 Mr. Suarez made that motion, seconded by Mr. Reddick.

10:37:32 All in favor of the motion, please indicate by saying aye.

10:37:34 Opposed nay.

10:37:36 The ayes have it unanimously.

10:37:36 66 through 69 is now open.

10:37:38 These of all quasi-judicial hearings.

10:37:42 If you're going to speak on any one in the audience who is

10:37:45 going to speak on either 66 through 69, please stand up and

10:37:48 raise your right hand.

10:37:50 The clerk will swear you in.

10:37:52 [Oath administered by Clerk]

10:38:01 >>CHARLIE MIRANDA: Okay.

10:38:02 Item number 66.

10:38:03 Whoever is going to come up to speak, please remember to

10:38:20 state your name and your address.

10:38:22 Let's go.

10:38:44 >> Application V 11-394, property address is 2617 West

10:38:50 Kennedy Boulevard.

10:38:51 Applicant name is Michael Disser, current zoning is CG,

10:38:56 commercial general.

10:38:57 Proposed special use is alcoholic beverage sales, beer, wine

10:39:00 and liquor.

10:39:01 Sales associated with restaurant.

10:39:03 On premises consumption only.

10:39:05 The recommendation is that the land development -- did




10:39:09 developmental review committee has reviewed the application

10:39:11 and find it inconsistent.

10:39:13 The applicable City of Tampa land development regulations.

10:39:17 Asking a number of waivers for this application.

10:39:20 Section 27-272 reduced required minimum distance separation

10:39:25 from 250 feet for the mixed use corridor, to 92 feet for

10:39:30 other establishments selling alcoholic beverages.

10:39:34 Your staff report may say 1,000 feet, but our code has

10:39:38 changed.

10:39:38 So we'll make that correction between first and second

10:39:40 reading.

10:39:41 Section 27272, reduced required minimum distance separation,

10:39:45 250 feet to 26 feet for residential uses.

10:39:52 >>CHARLIE MIRANDA: We're just listening.

10:39:54 >> Section 27242 reduced required number of parking spaces

10:39:57 from 43 to 18 spaces.

10:39:59 And section 27248 to allow the solid waste service vehicle

10:40:04 to maneuver within the right-of-way during the collection

10:40:07 process.

10:40:07 And then a minor clerical waiver, section 27-272, restaurant

10:40:15 to allow sales area within parking for loading area or

10:40:19 space.

10:40:19 The applicant is again requesting special use approval to

10:40:24 allow the sale and consumption of alcoholic beverages, beer,

10:40:28 wine and liquor, for consumption on premises only.




10:40:30 According to the application submitted, site plan is

10:40:34 occupied by one story vacant professional office.

10:40:37 The proposed alcoholic sales area encompasses 4,616.63

10:40:43 square feet.

10:40:44 Of which 1209 square feet is outside seating area.

10:40:48 The site utilizes surface parking for the site, which totals

10:40:52 18 spaces.

10:40:53 The applicant is requesting on parking waiver from 43 to 18

10:40:57 spaces and a waiver for the solid waste vehicles to maneuver

10:41:00 within the right-of-way in order to satisfy requirement,

10:41:03 required code.

10:41:04 On pages 6 and 7 of the staff report, modifications are

10:41:07 requested for site plan.

10:41:09 >>CHARLIE MIRANDA: Slow down, please, because I can't keep

10:41:11 up with you.

10:41:12 >> Yes, sir.

10:41:12 Sorry.

10:41:13 I'm a little nervous.

10:41:16 >>CHARLIE MIRANDA: In the beginning, you stated one

10:41:18 statement, is it consistent or inconsistent?

10:41:24 >> It is inconsistent.

10:41:26 >>CHARLIE MIRANDA: Inconsistent.

10:41:26 Okay.

10:41:27 All right.

10:41:30 >> Have some pictures to show you where this parcel is




10:41:32 located.

10:41:34 >>CHARLIE MIRANDA: Thank you.

10:41:38 >> This is West Kennedy Boulevard here.

10:41:40 This is subject parcel right here.

10:41:43 This a compilation video of the site.

10:41:55 South elevation, north elevation.

10:41:58 East and west.

10:42:09 >>CHARLIE MIRANDA: Petitioner here?

10:42:11 Police department?

10:42:12 >> Officer Miller, City of Tampa Police Department.

10:42:14 City of Tampa police department has no objection.

10:42:18 >>CHARLIE MIRANDA: Anyone else in this item 66 wants to

10:42:21 speak?

10:42:21 Come forward please.

10:42:23 Yes, sir?

10:42:25 To the mic.

10:42:28 >> For or against?

10:42:32 >>CHARLIE MIRANDA: These hearings are different than in the

10:42:33 morning.

10:42:33 The morning, I got right and left.

10:42:35 Now we have the petitioner and those in opposition.

10:42:38 We have to listen to petitioner first.

10:42:40 I'm sorry.

10:42:49 >> Steve Michelini, here on behalf of Mike Disser and the

10:42:54 petition for 2617 Kennedy Boulevard.




10:42:56 I could direct you to the overhead.

10:43:00 The issue regarding two of the waivers which will be

10:43:04 eliminated involves this area here.

10:43:07 And we thought that we had to have a wet zone area for

10:43:11 access to the service doors.

10:43:15 And staff has indicated we don't need that.

10:43:18 So that will be removed.

10:43:19 That will also eliminate the waiver and objection to solid

10:43:25 waste dumpster here.

10:43:27 And basically what we're proposing to do, it's a medical

10:43:31 office, and proposing to convert that to a restaurant that

10:43:36 is completely and wholly consistent with the Kennedy overlay

10:43:40 district.

10:43:41 There's over 500 pages of documentation regarding the

10:43:45 incentives regarding the Kennedy overlay district.

10:43:49 Including encouraging the redevelopment and retrofitting of

10:43:54 existing buildings and the use of them into compatible

10:43:58 commercial uses.

10:43:59 It also is encouraged to support the arts and cultural

10:44:03 activity, which are typically late night and it becomes

10:44:07 increasingly more difficult to find restaurants that will

10:44:11 serve the public.

10:44:12 It's consistent with a variety of different Planning

10:44:15 Commission policies, including 61.1.2, 61.2, 61.22, 61.2.3.

10:44:27 There's a whole list of things that it's absolutely




10:44:30 consistent with.

10:44:31 Our issue is regarding the site being very tight and our

10:44:36 difficulty in had meeting the current City of Tampa code

10:44:39 regarding the dimensional criteria for parking.

10:44:42 And when we meet that criteria, then we're reducing the

10:44:46 number of spaces that is allowed that meet the legal

10:44:49 requirements of the transportation department.

10:44:51 We have committed between, in the event that the Council is

10:44:57 favorable for this request, to eliminate the objections

10:45:00 regarding the area that you see it marked off in red.

10:45:06 Which will eliminate at least two of their concerns.

10:45:10 It will not eliminate the waiver for parking.

10:45:12 However, we do have potentially 84 off-site parking spaces.

10:45:17 And approximately 20 of them are already under contract.

10:45:21 And then we'll produce those documents to the staff

10:45:25 following the hearing.

10:45:26 Our other issue is regarding buffering.

10:45:32 We had proposed to put a wooden fence along the rear

10:45:35 property line.

10:45:37 But this is not our property.

10:45:38 It's on the north side of the alley.

10:45:40 And there's not much we can do about screening the back of

10:45:45 the building, which is here.

10:45:50 Which is there.

10:45:58 That's where the dumpster's going to be located.




10:46:02 And we were trying to screen that from public view.

10:46:04 But it's -- the dumpster would be a fully enclosed dumpster.

10:46:09 And it will be screened from the public eye.

10:46:12 This medical office has been vacant for quite sometime.

10:46:17 And in consideration of the various incentives the city has

10:46:23 regarding redevelopment on a corridor that linking the

10:46:27 downtown with the Westshore district, it is compatible with

10:46:31 respect to having restaurants and public serving and

10:46:35 community serving facilities in this area.

10:46:39 We're respectfully requesting your approval and will

10:46:43 certainly be happy to answer any questions you might have.

10:46:46 There's no new construction being planned.

10:46:48 There is extensive renovations.

10:46:49 And there is an outdoor area for dining on the west side,

10:46:55 that it will also be enclosed.

10:46:57 But we would respectfully request your favorable

10:47:01 consideration.

10:47:03 >>CHARLIE MIRANDA: Thank you.

10:47:04 Any questions of Councilmembers?

10:47:06 Okay.

10:47:08 Anyone in the audience at this time would like to speak on

10:47:11 this item, item number 66, please come forward.

10:47:21 >> Good morning.

10:47:21 My name is John Briggs.

10:47:23 I reside 2504 west north A street, Tampa.




10:47:27 I believe I'm about 90 feet to my Mott's front window on our

10:47:33 property from this proposed bar, restaurant, they're calling

10:47:37 it a restaurant.

10:47:38 But we all know there is the fourth try.

10:47:41 This is not going to be a restaurant after 8:00 p.m.

10:47:43 We all know that.

10:47:45 A bar is a bar.

10:47:46 All I can say, how arrogant all of you are to even think

10:47:49 that this is something that you can pass through and just --

10:47:53 >>CHARLIE MIRANDA: Well, speak to the Council please.

10:47:55 They're not going to vote.

10:47:56 We are.

10:47:57 >> I'm sorry, sir.

10:47:58 This is the fourth try.

10:48:00 They have tried with COPX.

10:48:02 Now a (COP-R) again.

10:48:05 How many times are they going to get this bite?

10:48:09 This is the fourth bite of the apple.

10:48:10 We don't want it there.

10:48:11 The whole neighborhood, all behind me.

10:48:15 Behind me right now is not me and my next-door neighbor pat.

10:48:20 There are about 70, 80 people behind me with families, we

10:48:24 all live right next to this place.

10:48:27 Right next to it.

10:48:27 Not 500 feet away in St. Pete.




10:48:29 We live here.

10:48:30 Most of us own our own homes.

10:48:32 We live here.

10:48:33 Our children walk to school right past this place.

10:48:36 We already have an unbelievable problem with people zipping

10:48:40 down A street all hours of the night.

10:48:42 It's a bypass for Kennedy.

10:48:45 Pets killed.

10:48:47 Add alcohol and see how things pan out for everybody.

10:48:50 I can't believe we are even here again.

10:48:53 I personally do not like speaking.

10:48:55 I don't mind coming and doing this.

10:48:58 I'm a construction worker.

10:48:59 I have my own business.

10:49:01 I work and live in the neighborhood and in Tampa.

10:49:03 Predominantly South Tampa.

10:49:04 This is where I live.

10:49:05 We own our home outright.

10:49:07 No back.

10:49:07 I'm not moving.

10:49:08 This is where we stay.

10:49:09 Everybody in the neighborhood feels the same way I do, bar

10:49:12 one or two people.

10:49:13 To outweigh us and to give them their license to do what

10:49:19 they please, well, we have to live -- I mean, we live here.




10:49:23 We are going to hear this day and night.

10:49:26 Garbage, pollution.

10:49:27 The people walking around.

10:49:28 The traffic, up and gown is the alley.

10:49:32 We can't get in and out as it is.

10:49:35 We all use ingress and egress in the alley.

10:49:37 We are going to be trapped in our own homes.

10:49:40 After 8:00, we'll be stuck.

10:49:41 Constant barrage of noise.

10:49:44 If they're going to have the same site plan as last time,

10:49:48 noise is noise.

10:49:49 I can hear Kennedy, and that's three blocks away.

10:49:51 When is this going to end?

10:49:53 That's all I have to say.

10:49:55 >>CHARLIE MIRANDA: Thank you very much, Mr. Briggs.

10:49:56 Next?

10:49:57 Anyone this the audience care to speak on item number 66?

10:50:03 Please come forward.

10:50:04 Item number 66.

10:50:05 Councilmembers?

10:50:09 Rebuttal at the end.

10:50:14 >> Good morning, Council.

10:50:15 May name is Robert Allen.

10:50:17 I'm currently the president of the north Hyde Park civic

10:50:22 association.




10:50:22 I'm here this morning on behalf of the community that's near

10:50:31 Kennedy and Tampania.

10:50:40 There's a building that exists there that has been an

10:50:42 insurance company and other business of that sort for

10:50:44 several years.

10:50:46 I understand now that they want to put in a restaurant or a

10:50:53 cafe with serving of alcohol.

10:50:57 Of course, as I understand it, the alcohol will be

10:50:59 incidental sales.

10:51:00 My concern is that the parking in that area is not as

10:51:09 pleasant as we would like to accommodate the individuals who

10:51:14 will be going to this particular cafe or restaurant.

10:51:20 The other thing is, is that I learned this morning that they

10:51:26 want to extend their hours to go past 12:00 Sunday through,

10:51:32 I think Thursday.

10:51:34 Now, we do have a draw-back on that simply because what

10:51:40 restaurant stays open till 2:00 or 3:00 in the morning?

10:51:44 Some of you may know the experience that we went through

10:51:49 with a business on Kennedy and Freemont, that started out

10:51:57 with an R and about a year or two later, you extending an X

10:52:00 for those folks.

10:52:02 And it turned out to be 13 years of hell.

10:52:05 We don't want that to happen on Kennedy again, nor do we

10:52:10 want it to happen in our community.

10:52:11 We're not completely opposed to a cafe or restaurant that is




10:52:19 under restriction that wants to locate at that property.

10:52:22 I'm standing here to let you know that the north Hyde Park

10:52:28 civic association, and our draw back and only concern as I

10:52:32 say is the parking and the noise.

10:52:34 Thank you.

10:52:35 No thank you very much, sir.

10:52:36 Anyone else in the audience who cares to speak?

10:52:41 All right.

10:52:42 Petter?

10:52:45 >> With all due respect, Council, this is the first time

10:52:48 that Michael Disser has petitioned the Council for

10:52:50 consideration.

10:52:51 They may have been involved with the gentleman --

10:52:58 >>CHARLIE MIRANDA: That was the gentleman before you.

10:53:00 >> We were talking about somebody else's petition and

10:53:02 somebody else's interest.

10:53:03 This is a restaurant.

10:53:05 It's intended to be a restaurant, which is a 5149

10:53:08 restriction.

10:53:08 When we first proposed this, I called Bob Allen as the

10:53:15 president of the civic association, and left a message.

10:53:18 And we have talked about this over the last few days, about

10:53:21 what the proposal is.

10:53:24 We have maximized the parking and we have engaged the other

10:53:27 property owners in the area for additional parking.




10:53:30 It's on Kennedy Boulevard, which makes it a transit

10:53:36 corridor.

10:53:37 Also there's a bus stop immediately in front of this.

10:53:39 And if we don't begin to upgrade some of these buildings

10:53:42 that are vacant and turn them into viable, productive

10:53:46 properties, then they remain vacant.

10:53:48 A restaurant is a compatible use.

10:53:51 As defined by the Kennedy overlay district.

10:53:54 As defined by the connections in the transit corridors, as

10:53:57 all of these different documents, as I've said to you,

10:54:00 there's over 500 pages of documents in the comp plan that

10:54:03 talk about Kennedy Boulevard and what are compatible uses.

10:54:07 The adjacency of residential is a fact of life.

10:54:11 I can't change that.

10:54:12 The fact that Kennedy Boulevard is a major state highway

10:54:19 is -- it's been that way.

10:54:21 That's not new.

10:54:22 Talking about noise, there's traffic noise on Kennedy.

10:54:26 I agree with you.

10:54:28 Is there going to be outside noise?

10:54:30 There's not going to be anything more than what there is

10:54:32 currently.

10:54:33 There's an outside patio with no amplified music.

10:54:37 No noise coming from there.

10:54:38 There's an enclosed restaurant of approximately 3500 square




10:54:42 feet.

10:54:43 If this is not the place for a restaurant, I don't know

10:54:47 where there would be one.

10:54:48 And talk about in terms of our request, it is a respectful

10:54:54 request.

10:54:54 It's not an arrogant request.

10:54:56 That's why we're here humbly requesting that you allow this

10:55:00 to go forward as a restaurant.

10:55:01 I don't know -- we have done everything we can do.

10:55:06 The staff indicated they wanted us to remove a section that

10:55:09 conflicted with solid waste.

10:55:10 We removed it.

10:55:12 Nobody said no.

10:55:12 Any suggestion that has come up from the staff or from the

10:55:17 homeowners association, we met them.

10:55:20 And then we get a letter a few days ago from, indicating

10:55:24 that this is somehow a repeat of a previous petition.

10:55:28 It's not.

10:55:29 I'll be happy to answer any questions.

10:55:33 We do have off-site parking, we're asking for the ability to

10:55:37 present those documents to staff.

10:55:39 They've asked for them.

10:55:40 And potentially there's additional 84 spaces that can be

10:55:45 provided to accommodate the concern regarding parking.

10:55:51 But we're on a transit corridor.




10:55:53 And every petition you've ever heard before, including from

10:55:56 the downtown, starts talking about minimizing parking,

10:56:00 minimizing the reliance upon automobiles and begin relying

10:56:03 upon other mass transit systems.

10:56:05 So, we're doing the best we can.

10:56:07 We are providing the parking as provided, as we have been

10:56:12 requested, and will be providing you with the documentation

10:56:15 to certify that.

10:56:18 >>CHARLIE MIRANDA: Thank you.

10:56:19 Mr. Suarez?

10:56:21 >>MIKE SUAREZ: Mr. Michelini, sounds like you've had some

10:56:24 contact with the homeowners association.

10:56:27 You kind of touched on this when you were presenting it,

10:56:29 about mitigating sound.

10:56:30 You said that you cannot replace what is currently there

10:56:34 because you do not have access or the right of that

10:56:37 particular piece of property, correct?

10:56:40 >> I'm sorry.

10:56:42 >>MIKE SUAREZ: One of the questions brought up by Mr. Briggs

10:56:45 especially was the noise.

10:56:46 You had mentioned during your presentation that you were

10:56:50 thinking about putting up a wooden fence there.

10:56:54 >> We had proposed a wooden fence, along the alleyway on the

10:56:57 north side of the alley.

10:56:59 But that's not our property.




10:57:01 So we -- we can commit to doing that.

10:57:03 But we need the permission of the individuals whose property

10:57:06 that is to actually install it.

10:57:11 >>MIKE SUAREZ: In terms of your discussion with the

10:57:12 homeowners association, sounds to me like, there were

10:57:15 several things.

10:57:16 One of course is the noise.

10:57:18 The other, the amount of traffic that's going to be there.

10:57:20 I understand what your point is in terms of it being a

10:57:22 corridor.

10:57:23 If you don't mind, Ms. Coyle, can I ask you a quick question

10:57:28 on this?

10:57:29 You didn't seem like you were prepared, but that's okay.

10:57:32 If you're ready.

10:57:33 In terms of mitigation of sound when it comes to these type

10:57:36 of uses, any place in the city, what are the rules or the

10:57:42 setbacks that are necessary and what is kind of the normal

10:57:47 way of dealing with sound mitigation?

10:57:50 >>CATHERINE COYLE: Catherine coil, zoning for the city.

10:57:54 We don't necessarily have any standards in the code that

10:57:56 tell you how far to setback for certain noise requirements.

10:58:00 We have a noise ordinance that tells you the decibel level.

10:58:04 >>MIKE SUAREZ: Let me rephrase my question.

10:58:07 What have you seen in terms, in your experience when someone

10:58:11 wants to mitigate sound in order to accommodate neighbors




10:58:14 when there are uses that may, may not be compatible, or in

10:58:20 the minds of the homeowners' association.

10:58:22 >> I would say we would probably use our buffering and

10:58:24 screening standards as eat the standard or a guide to help

10:58:27 them pick something, usually it is additional landscaping.

10:58:32 Usually thick or opaque type landscaping as well as solid

10:58:37 fences or walls.

10:58:38 The issue with this particular site is the way it's

10:58:41 configured and with its access to the alley and

10:58:43 configuration of the solid waste dumpster, it makes it

10:58:47 impossible to actually place a fence or wall along their

10:58:50 property line along the alley.

10:58:52 Otherwise you'd have no access for the solid waste service.

10:58:56 You'd also lose all visibility from that driveway on the

10:58:59 alley.

10:58:59 So, that's I think why Mr. Michelini was attempting to try

10:59:03 to work something out to the north.

10:59:05 It's just it can't be a commitment on this particular

10:59:07 application.

10:59:08 Because it's not enforceable to place something on someone

10:59:12 else's property.

10:59:13 What I did advise him, on this particular location, that if

10:59:16 he were to try, if I go back to the screen.

10:59:19 This is what I was talking about actually.

10:59:26 The truck is going to come in the alley to pick up here.




10:59:30 So this is all basically flush here.

10:59:33 And the driveway is a like this.

10:59:34 It's striped out.

10:59:35 These are the apartments to the north.

10:59:37 Obviously, if you were to fence or wall this you wouldn't

10:59:39 have the access for the dumpster.

10:59:41 If you were to fence and wall this, you would lose access to

10:59:44 the alley and there is no other access to the property

10:59:46 except to Kennedy.

10:59:47 As narrow as this width is for the parking, you would lose

10:59:53 probably half of those spaces as well.

10:59:55 There's not enough depth there to have a double loaded,

10:59:58 90-degree parking spaces.

11:00:01 So you'd loose another half 6 what there is they're

11:00:04 providing.

11:00:05 18 is what they're providing.

11:00:06 So you'd have probably nine to 12 spaces perpendicular.

11:00:10 What I did advise him, through our buffering and screening

11:00:13 requirements, because they're across an alley for

11:00:15 multifamily, they are required either a five foot buffer,

11:00:19 which is planted with shrubs and trees every 20 feet for

11:00:23 trees, every five feet for shrubs.

11:00:24 Or a six foot masonry wall.

11:00:29 It's an "or" in the code.

11:00:31 The landscaping could potentially work, not in the drive




11:00:35 area for the solid waste, but there may be some additional

11:00:38 ability to add in landscaping in certain parts, where they

11:00:42 have it striped out.

11:00:43 Here as well as this area outside of this drive lane.

11:00:48 This entire area is being essentially restored with the

11:00:54 sidewalk and the grass here.

11:00:57 So this area will be kind of open.

11:00:58 There could be some additional ability to add in clusters of

11:01:02 landscaping there.

11:01:03 As far as this configuration.

11:01:06 There really isn't anything we can do in this location

11:01:09 because of how the solid waste is served.

11:01:12 And the site itself is fairly narrow.

11:01:16 >>MIKE SUAREZ: Thank you.

11:01:17 >>CHARLIE MIRANDA: Any further questions of Councilmembers?

11:01:20 Ms. Mulhern?

11:01:21 >>MARY MULHERN: Thank you.

11:01:22 Ms. Coyle, I know we changed our process for alcoholic

11:01:30 beverage permits for special use permits.

11:01:33 But I was accustomed to and I'm not sure why we don't get

11:01:39 zoning maps any more when we're asked to approve wet

11:01:43 zonings.

11:01:45 >>CATHERINE COYLE: We typically, I don't think we have

11:01:47 actually done them for alcohol.

11:01:49 >>MARY MULHERN: We always got them before, for four years.




11:01:52 Always got that.

11:01:55 >>CATHERINE COYLE: I'm trying to recall.

11:01:56 I don't think we actually did the zoning atlases for the

11:01:59 alcohol.

11:02:00 >>MARY MULHERN: I'm asking again.

11:02:01 We're being asked to make a determination about the

11:02:04 appropriateness of permitting sales of alcoholic beverages.

11:02:10 And we don't have a picture of where this is happening.

11:02:16 We have the site plan and nothing else.

11:02:19 So --

11:02:21 >>CATHERINE COYLE: Were you not provided the aerial?

11:02:23 >>MARY MULHERN: I don't have any of that.

11:02:26 >>CATHERINE COYLE: Do we have that?

11:02:27 >>MARY MULHERN: We have no aerial.

11:02:29 We have no zoning map.

11:02:31 >>CATHERINE COYLE: I don't believe he handed it out.

11:02:34 I apologize.

11:02:37 >> Would you like me to pass this around?

11:02:39 >>MARY MULHERN: We all need a copy of that and if you have a

11:02:42 map that shows us the zoning.

11:02:45 >> One of the issues we're dealing with --

11:02:47 >>MARY MULHERN: I'm actually talking to staff right now.

11:02:54 >> It appears there's only one aerial that was produced.

11:02:57 I can certainly go make additional copies and I can pull the

11:03:00 zoning atlas for you.




11:03:02 >>MARY MULHERN: That would be helpful.

11:03:05 >>CATHERINE COYLE: I will be right back.

11:03:08 >>CHARLIE MIRANDA: How long is that going to take?

11:03:10 So I can eat continue with another hearing or five minutes.

11:03:15 Well, let's hold this one in abeyance and come back to it,

11:03:18 if I may do that.

11:03:22 That way we keep everybody involved in the process.

11:03:25 We're going to hold 66 and these hearings were all open.

11:03:29 We're going to go to item 67.

11:03:31 The city report and the police department and then the

11:03:35 petitioner.

11:03:35 Ms. Mulhern?

11:03:45 >>MARY MULHERN: Thank you, Mr. Chairman.

11:03:47 This one is also an alcoholic beverage permit.

11:03:51 They all are.

11:03:52 So if we could get the maps and the aerials for all of these

11:03:58 before we -- I mean, we can proceed.

11:04:02 But by the time we get to voting, I'd like to have all of

11:04:06 that.

11:04:11 >> Application V 11-404.

11:04:14 The property address is 4820 North Armenia Avenue.

11:04:20 Applicant name is Carlos Castilla.

11:04:22 Current zoning of the property is CG, commercial general.

11:04:27 Proposed special use is alcoholic beverage sales, small

11:04:29 venue, beer and wine sales, associated with a restaurant,




11:04:33 bakery, on premises consumption only.

11:04:35 The Development Review Committee has reviewed the

11:04:39 application and finds it inconsistent with the applicable

11:04:42 City of Tampa land development regulations.

11:04:44 There are requested site plan modifications.

11:04:47 They're requesting three waivers, section 27272, to reduce

11:04:52 required minimum distance separation from 250 feet to

11:04:56 87 feet, for residential uses, section 27242, to reduce

11:05:01 required number of parking spaces from 32 to 17 spaces.

11:05:05 And the third, section 27248, to allow solid waste service

11:05:10 vehicle maneuvering within the right-of-way during the

11:05:13 collection process.

11:05:14 According to the application submitted, the site is occupied

11:05:19 by a two story commercial retail strip center.

11:05:22 The proposed alcohol sales area in association with the

11:05:25 restaurant bakery use encompasses 2,084.56 square feet of

11:05:30 the first floor.

11:05:31 Of which there is no outside seating area.

11:05:34 The site utilizes surface parking for the silent, which

11:05:36 totals 17 legal parking spaces.

11:05:39 This parcel also shares parking via parking agreement to an

11:05:44 adjacent commercial strip center to the north.

11:05:46 The applicant is requesting a parking waiver from again from

11:05:50 32 to 17 spaces.

11:05:51 And waiver for solid waste vehicles to maneuver within the




11:05:55 right-of-way in order to satisfy the required code.

11:05:58 Land Development Coordination site plan modifications has

11:06:01 indicated on 7 and 8 of staff report.

11:06:03 Most are typographical errors.

11:06:10 Show you a photograph where the facility is located.

11:06:13 This is Armenia avenue right here.

11:06:19 This is the subject building space.

11:06:21 You have the large bowling alley across the street.

11:06:25 This is the location here.

11:06:27 And the building looks like this from Armenia.

11:06:36 Any questions?

11:06:51 >> City of Tampa police department has no objections.

11:06:53 >>CHARLIE MIRANDA: Petitioner here?

11:07:02 >> Good morning.

11:07:03 Carlos Castilla, I'm representing the owner of the

11:07:08 restaurant.

11:07:09 Zoning, there is a map of the zoning in that part.

11:07:15 About parking spaces, agreement with the next lot.

11:07:29 All the parking spaces.

11:07:34 Like a 40 something spaces in total.

11:07:36 Which is using everybody on the lot.

11:07:44 One of the comments of the -- let me have the paper.

11:07:53 Transportation, there was a comment about Louisiana avenue.

11:08:00 We have the dumpster there and the people, they told me like

11:08:05 that.




11:08:10 Transportation, they have to set -- like the waste

11:08:18 department call me, so I'm not sure which way to go.

11:08:23 I just -- what do I do this time?

11:08:26 I think I got all.

11:08:28 If you have any questions.

11:08:31 >>CHARLIE MIRANDA: Is solid waste here?

11:08:33 Would you care to comment on that, please?

11:08:40 >> Good morning, Vince Rado from solid waste.

11:09:03 >> The section transportation is talking about is in here.

11:09:08 This area here.

11:09:10 So that's the section that the landscaping is required for.

11:09:18 Not the existing asphalt over here.

11:09:21 I'm not sure what the petitioner is asking.

11:09:27 >> We can fix that.

11:09:29 But when I talk with, like that.

11:09:37 >>CHARLIE MIRANDA: I'm confused between both of you.

11:09:42 >> We can fix that.

11:09:43 No problem.

11:09:45 >> And both solid waste and transportation --

11:09:48 >>CHARLIE MIRANDA: Time out.

11:09:50 He can fix what?

11:09:51 He said leave it like it is.

11:09:53 The other says that.

11:09:55 >> Currently, chairman, the driveway is open.

11:09:58 From Louisiana.




11:09:59 >>CHARLIE MIRANDA: Right.

11:10:00 All the way to violet.

11:10:02 >> We are proposing, this area here be closed off and

11:10:06 landscaped.

11:10:07 Within this area here.

11:10:08 This area here for the dumpster enclosure access, that will

11:10:13 be left open as is today.

11:10:15 >>CHARLIE MIRANDA: Well, that said can you get in and out of

11:10:18 Louisiana with the landscaping that you want to do?

11:10:24 Yes or no?

11:10:25 >> There will no longer be access toking the site, to the

11:10:29 actual restaurant from Louisiana.

11:10:31 >>CHARLIE MIRANDA: That means that Armenia would burden an

11:10:34 additional cars at some time or the other, am I correct?

11:10:38 >> Let me let you talk to transportation for that.

11:10:44 >> Jonathan Scott, transportation.

11:10:46 I have nothing sworn -- I have not been sworn.

11:10:49 >>CHARLIE MIRANDA: How come?

11:10:51 >> Sorry.

11:10:53 [Oath administered by Clerk]

11:10:57 >> I do.

11:10:59 >>CHARLIE MIRANDA: Yes, sir?

11:11:01 >> Yes, there would be additional traffic on Armenia.

11:11:05 We have asked to close off the access to Louisiana avenue.

11:11:09 To meet the new code requirements.




11:11:13 >>CHARLIE MIRANDA: Let me tell you what I see.

11:11:15 And I may not be right.

11:11:17 There's parking on the eastern side of that lot that faces

11:11:22 Armenia, all the way down that strip, am I correct?

11:11:28 On this side and the other side that goes all the way to

11:11:31 violet.

11:11:31 So when you do that and you have an ingress and egress

11:11:35 portion on Armenia, you can't see into the -- until the car

11:11:39 comes almost to Armenia.

11:11:41 Are we recognized that?

11:11:44 In other words, what I'm trying to do is avoid a fatality.

11:11:52 You got a very small ingress and egress area on Armenia,

11:11:56 crossing the bowling alley.

11:11:58 Maybe 18, 20 feet wide.

11:12:00 And then you have parking that faces all these buildings

11:12:04 heading west.

11:12:05 But when you turn them cars heading east that they park

11:12:08 there, the don't you have a problem with more traffic on

11:12:11 Armenia?

11:12:14 >> You would have more cars accessing Armenia.

11:12:18 But that's typical for a commercial lot to do that.

11:12:23 We were requiring that this site come up to compliance since

11:12:31 they're a change of use.

11:12:32 So we would with typically access parking lots with

11:12:35 commercial, with collectors, arterial streets.




11:12:39 So, Louisiana is a local street.

11:12:42 That's why we're asking that access to be cut off.

11:12:46 >>CHARLIE MIRANDA: Louisiana is a local street.

11:12:47 Violet is a local street in fact, it doesn't even go

11:12:50 straight.

11:12:50 It zigzags back to Havana.

11:12:54 So what I'm trying to say is, I'm trying to grasp this

11:12:58 concept of putting in together the landscaping where you

11:13:02 can't have ingress and egress out of that center.

11:13:05 And that troublesome to me because it's going to put more

11:13:09 traffic on an area that I seem to think that is dangerous to

11:13:13 come in and out of.

11:13:16 >> Yes, I see your point.

11:13:19 >>CHARLIE MIRANDA: That's all I want to know.

11:13:20 Why is it we have to do that on Louisiana?

11:13:25 >> We had to do that because this site became a change of

11:13:29 use.

11:13:30 So in order to come up to compliance with the codes in the

11:13:35 City of Tampa, a commercial parking lot would be required

11:13:38 only access arterial or collector street, so since it had to

11:13:43 come into compliance -- before it was nonconforming.

11:13:47 Since it now has to come into compliance, it has to only

11:13:50 meet access to collector and arterial roads.

11:13:53 Can't have access to the local street any more.

11:13:56 That's the reason why we made --




11:13:59 >>CHARLIE MIRANDA: What was this site before?

11:14:03 >> Excuse me, what was the site before?

11:14:05 >>CHARLIE MIRANDA: Yes, what was it before?

11:14:08 Was that an empty building?

11:14:09 What was the use of it?

11:14:13 >> There was a market there on the restaurant.

11:14:16 First.

11:14:18 Then they changed to the restaurant now.

11:14:23 >> We asked land development to clarify the change of use.

11:14:29 >> This particular unit was originally permitted as a

11:14:32 take-out sandwich restaurant only.

11:14:35 Over the years, it has become a restaurant.

11:14:38 The gentleman is now wanting to put an alcohol component to

11:14:41 the site.

11:14:42 And now it's triggering this change of use process requiring

11:14:46 transportation code and zoning codes to kick in.

11:14:49 >>CHARLIE MIRANDA: What they're asking a beer and wine,

11:14:51 correct?

11:14:51 >> Yes, sir.

11:14:52 >>CHARLIE MIRANDA: Any other Councilmembers?

11:14:53 Yes, Ms. Capin?

11:14:55 >>YVONNE CAPIN: This is where the aerial comes in handy.

11:14:58 If you could put this part of the map on there, because then

11:15:03 you could show us where you're asking for that landscaping.

11:15:06 And I think I follow what Chairman Miranda is saying about




11:15:11 the landscaping and having to go almost into Armenia to

11:15:15 enter the roadway.

11:15:16 This is what -- I wanted to know on here -- is it here?

11:15:28 Where on here is, are you requesting the landscaping?

11:15:32 This is the building.

11:15:38 >> Could you show the aerial on the site plan.

11:15:41 Put that on the overhead, sir.

11:15:48 >>YVONNE CAPIN: The parking.

11:15:49 >> Where is Vince Pardo when you need him?

11:16:13 >>YVONNE CAPIN: Where is the landscaping supposed to be at?

11:16:16 The landscaping --

11:16:20 >> This part.

11:16:21 >>YVONNE CAPIN: That's what I thought.

11:16:22 In the corner.

11:16:25 >> Right here.

11:16:26 This spot.

11:16:30 >>YVONNE CAPIN: The landscaping.

11:16:31 And that's to keep from ingress and egress to the Louisiana?

11:16:37 >> Yes.

11:16:40 >>YVONNE CAPIN: I agree.

11:16:41 My concern is that landscaping, I've been in many corners

11:16:46 where you have landscaping and you really have to get into

11:16:49 the roadway to see the oncoming traffic.

11:16:53 That is concerning.

11:16:54 That shows me better where it's at.




11:16:58 I appreciate that.

11:16:59 I thought that's what it was.

11:17:00 But I wanted to make sure.

11:17:02 You agree that's where it's at?

11:17:10 I'm sorry.

11:17:11 I know the petitioner showed us where it's at.

11:17:14 You agree that's where it's at, where the landscaping goes,

11:17:17 is on that corner?

11:17:18 >> Yes.

11:17:19 I can show you a better picture on this.

11:17:24 >>YVONNE CAPIN: Now that I saw the aerial, I know where this

11:17:27 is at.

11:17:29 >> Transportation basically just had a comment to have them

11:17:32 make some corrections to their site plan.

11:17:34 Which would be right here, just to show this area, grassed

11:17:41 over and sidewalks.

11:17:43 Restored the curbs and so forth.

11:17:45 You pretty much had it in the site plan, just needed a

11:17:49 couple clarifications on it.

11:17:50 That's where the confusion is coming.

11:17:59 >>YVONNE CAPIN: Thank you.

11:18:01 That's where I thought it was, but I wanted to make sure.

11:18:04 There is no other way to mitigate this?

11:18:09 Because when you talk landscaping, are you talking -- would

11:18:13 landscaping includes what?




11:18:17 >> Landscaping would be, you'd have to restore the

11:18:21 right-of-way with grass.

11:18:22 And then put sidewalks back in.

11:18:25 And basically have grass right up to the street in this

11:18:29 case.

11:18:31 >>YVONNE CAPIN: Not trees and shrubs?

11:18:35 I mean, does it require trees and shrubs to be there?

11:18:39 >> We typically would require the right-of-way to be

11:18:42 restored back with grass.

11:18:44 And then right up to the sidewalk.

11:18:46 I've seen trees, but in this case, we would ask them just to

11:18:51 restore it back to grass.

11:18:54 >>YVONNE CAPIN: Okay.

11:18:54 Thank you.

11:18:59 >>LISA MONTELIONE: Wait, before you go.

11:19:01 I think what might help, we have something called a view

11:19:03 triangle in transportation, correct?

11:19:06 So that when concerns are raised about not being able to see

11:19:11 around a corner, making a left-hand turn, the codes for --

11:19:20 let me put it this way.

11:19:21 Because I don't want to put on the record myself what a view

11:19:25 triangle is.

11:19:26 Can you explain what a view triangle is?

11:19:30 >> The sight visibility triangle.

11:19:32 >>LISA MONTELIONE: Yes.




11:19:33 >> In this case, we'd be looking at, you want sight

11:19:38 visibility at an intersection.

11:19:39 So you wouldn't want to have like a tree or shrubbery

11:19:42 blocking the view if you stopped at the stop signs or

11:19:45 intersections.

11:19:46 >>LISA MONTELIONE: So anything that would be planted would

11:19:47 be low enough to not interfere with the view triangle

11:19:51 because that would be an infraction of the code, because you

11:19:57 would be violating the view triangle or visibility triangle

11:20:01 of that intersection go that's correct.

11:20:02 It's better not to typically put things like that around

11:20:04 there.

11:20:06 >>LISA MONTELIONE: Maybe one other thing that might help

11:20:07 clear things up.

11:20:11 To clearly state perhaps the reasoning and maybe our legal

11:20:18 department would be best to address this, and that is the

11:20:21 issue of nonconformance compliance with the code and access

11:20:26 to a residential street.

11:20:36 >>REBECCA KERT: Land development staff has determined that

11:20:38 this application meets our definition of change of use.

11:20:41 If you meet the definition of change of use because of

11:20:44 increasing density or occupancy, etcetera, then you do have

11:20:48 to come up with the current code requirement.

11:20:50 The current code requirement has been an issue, is

11:20:56 preventing access to a commercial parking lot from a




11:20:59 residential road.

11:21:00 That is something that City Council could grant a waiver to.

11:21:03 That has not been requested today.

11:21:05 However, have been told by transportation staff, if that

11:21:08 waiver were to be granted, the driveway is not in compliance

11:21:11 with the technical requirement.

11:21:13 So there would have to be additional modifications.

11:21:16 But based upon the fact this is in fact a change of use,

11:21:18 then, this property does have to come up to current code.

11:21:26 >>CHARLIE MIRANDA: Mr. Suarez?

11:21:32 >>MIKE SUAREZ: Our traffic engineering guys, apologize, I

11:21:35 don't know your game because you don't come up to Council as

11:21:38 often as our other folks.

11:21:40 The buffer that we're talking about, you pointed out on the

11:21:43 overhead now.

11:21:44 Is that going to take out any access to Louisiana Avenue

11:21:48 from the parking lot as Mr. Miranda had said earlier?

11:21:54 >> Jonathon Scott, transportation division.

11:21:58 Yes.

11:21:58 That will take out access to the parking lot of Louisiana

11:22:03 Avenue.

11:22:03 And it will be restored with grass right there.

11:22:06 We're asking them to basically close it off.

11:22:09 And restore it back with grass and sidewalks.

11:22:14 So yes, to answer your question, it will basically prohibit




11:22:18 any access on Louisiana Avenue.

11:22:24 >>MIKE SUAREZ: I think the question was asked earlier.

11:22:26 Have you done studies to see if there's going to be larger

11:22:29 amount of traffic that is going to be generated as a result

11:22:31 of this, meaning that we're going to have more cars coming

11:22:35 off of the commercial parking lot onto Armenia?

11:22:39 Or are we -- is this the best way to accommodate both our

11:22:45 code and safety?

11:22:48 >> To answer your question, we didn't do any additional

11:22:50 studies.

11:22:52 But in order to meet our codes and technical standards,

11:22:57 since it's a change of use --

11:22:59 >>MIKE SUAREZ: I understand this.

11:23:00 This is just to meet the code, this is not, has nothing to

11:23:03 do with safety whatsoever?

11:23:08 >> That is correct.

11:23:09 The certain way you put it maybe.

11:23:12 >>MIKE SUAREZ: Okay, thank you.

11:23:14 >>CHARLIE MIRANDA: Okay, we're still on item number 67.

11:23:17 Anyone else in the audience?

11:23:21 Ms. Capin?

11:23:23 >>YVONNE CAPIN: I'm sorry, again, please.

11:23:26 You just stated, and when Councilwoman Montelione was

11:23:31 questioning, asking her questions, that you stated that it

11:23:34 would not be advisable to put shrubbery that is higher, but




11:23:44 it didn't say that it's not to be.

11:23:48 I want to know exactly what is supposed to be to be there.

11:23:55 Exactly.

11:23:57 >> We're asking them to basically restore the right-of-way

11:23:59 area with grass.

11:24:01 And to put back in sidewalks in that area.

11:24:03 So, to answer your question, grass would be the preferred

11:24:09 vegetation in that area.

11:24:11 >>YVONNE CAPIN: Could they plant shrubbery if they wanted

11:24:13 to?

11:24:16 >> Typically we would -- typically we'd have them restore it

11:24:24 with grass.

11:24:24 We wouldn't ask them to put landscaping in that area.

11:24:27 I mean, I'd have to look at that, but it's -- with these

11:24:32 intersections, it's usually not a good idea.

11:24:36 >>YVONNE CAPIN: I understand it's not a good idea.

11:24:38 That's what I've been saying.

11:24:40 But I want to know, is it not -- can it be stopped?

11:24:46 >>REBECCA KERT: Yes.

11:24:46 It can be stopped.

11:24:48 Because it would not meet the technical standards for the

11:24:50 site triangle.

11:24:52 -- sight triangle.

11:24:54 >>YVONNE CAPIN: That's where roundabouts come in handy for

11:24:57 left hand turns.




11:24:59 Thank you.

11:25:01 >>CHARLIE MIRANDA: All right.

11:25:01 Anyone else, petitioner, you want to wrap this thing up?

11:25:07 He forgot who the petitioner was himself.

11:25:10 I don't blame you.

11:25:20 >>CHARLIE MIRANDA: All right.

11:25:20 You agree with what was said?

11:25:23 The plant, the grass, the sidewalk?

11:25:27 [speaking Spanish] say yes with a nod.

11:25:35 >> Money for the owner of the restaurant, with owner of the

11:25:39 place.

11:25:40 But I'm going to agree anyway.

11:25:43 We have to do it.

11:25:44 We do it.

11:25:45 >>CHARLIE MIRANDA: All right.

11:25:46 Thank you.

11:25:46 Legal department?

11:25:49 >> Mr. Chairman, I will be substituting an ordinance in this

11:25:52 case, actually the next one as well, to clarify that the

11:25:54 alcoholic beverage sales have to be in association with a

11:25:57 restaurant.

11:25:58 So, if you are to move forward on this one, you will need to

11:26:02 adopt the substitute ordinance.

11:26:03 >>CHARLIE MIRANDA: Wait a minute.

11:26:04 Walking away from the mic.




11:26:06 I didn't quite understand all that at the end.

11:26:08 You said about substituting an ordinance?

11:26:13 Explain.

11:26:13 >> I will be substituting an ordinance to clarify, the

11:26:17 substitute ordinance will clarify the alcohol beverage sales

11:26:20 can only be in conjunction with a restaurant.

11:26:22 That was their request and it's not clear in the one that is

11:26:28 before you.

11:26:28 >>CHARLIE MIRANDA: Talking about 67 now?

11:26:30 >> Yes.

11:26:31 And I'll be doing it on the next one as well.

11:26:34 >>CHARLIE MIRANDA: Behind 67?

11:26:35 >> Yes.

11:26:36 >> 68.

11:26:37 >>CHARLIE MIRANDA: Okay, thank you.

11:26:38 Ms. Mulhern?

11:26:40 >>MARY MULHERN: Ms. Kert before you leave, what about 66?

11:26:44 >> 66 is correct and 69 is correct.

11:26:47 >>MARY MULHERN: Okay.

11:26:47 Mr. Chair?

11:26:50 >>CHARLIE MIRANDA: I need a motion to close.

11:26:52 >> Motion to close.

11:26:53 >>CHARLIE MIRANDA: So moved by Ms. Montelione, second by

11:26:56 Mr. Reddick.

11:26:56 On 67, all in favor of the motion, please indicate by saying




11:26:58 aye.

11:26:59 Opposed nay.

11:27:00 The ayes have it unanimously.

11:27:01 What's pleasure of Council?

11:27:03 >> Mr. Chair, I move to approve item number 67.

11:27:06 >>CHARLIE MIRANDA: Have a motion by -- the ordinance.

11:27:11 >> I need the substitute resolution before I can read it.

11:27:15 Thank you, appreciate that.

11:27:16 >> I move an ordinance approving a special use permit SE S-2

11:27:23 alcoholic beverage sales, making lawful sale of beer and

11:27:26 wine consumption with a restaurant business establishment on

11:27:29 that certain lot, plot or tract of land located at 4820

11:27:33 North Armenia Avenue, Tampa, Florida, as more particularly

11:27:36 described in section 2 here off, providing for repeal of all

11:27:39 ordinances in conflict; providing an effective date.

11:27:41 >>CHARLIE MIRANDA: Have a motion by Ms. Montelione and

11:27:43 substitute ordinance seconded by?

11:27:50 Who seconded this motion, 67?

11:27:57 >>MARY MULHERN: I guess I'll second for discussion.

11:27:59 I don't know if the question of the hours came up at all.

11:28:04 Did we discuss the hours of operation?

11:28:14 >>CHARLIE MIRANDA: Let me say this.

11:28:16 Sometime back, maybe two years ago, this Council, not these

11:28:20 members, changed the hours of operation of a restaurant to

11:28:23 3:00 in the morning.




11:28:24 I did not support that.

11:28:25 And these are some of the problems we're having now in the

11:28:28 neighborhoods.

11:28:28 So, what I'm saying is, the hours as far as legally --

11:28:35 ma'am?

11:28:36 Legal department?

11:28:37 Alcohol beverage supervisor.

11:28:42 >>REBECCA KERT: Rebecca Kert, legal department.

11:28:45 >>CHARLIE MIRANDA: Tell me about the hours.

11:28:47 >>REBECCA KERT: I don't know, if they have not proposed any

11:28:49 operations, then they can stay open until 3:00 a.m.

11:28:53 They can start serving at 7:00 a.m. every day of the week,

11:28:57 except on Sunday, where they can start serving at 11:00 a.m.

11:28:59 >>MARY MULHERN: Mr. Chairman, can I move to reopen the

11:29:02 public hearing?

11:29:03 >>CHARLIE MIRANDA: Motion to reopen, seconded by?

11:29:07 Who seconded it?

11:29:08 Ms. Capin.

11:29:09 All in favor of the motion, signify by saying aye.

11:29:11 Opposed nay.

11:29:14 The ayes have it unanimously.

11:29:15 Hearing is reopened.

11:29:18 >>MARY MULHERN: So I would like to ask the petitioner -- we

11:29:21 reopened this.

11:29:22 What were the hours of operation?




11:29:34 You weren't asked about it.

11:29:36 You were just going to assume 3:00 a.m.?

11:29:38 >> From 11 to 1:00 in the morning.

11:29:41 11:00 a.m. in the morning.

11:29:46 >>MARY MULHERN: 11:00 a.m. to 1.

11:29:48 >>CHARLIE MIRANDA: Every day?

11:29:49 >> Every day.

11:29:50 >>CHARLIE MIRANDA: Any further discussion on that 11:00 to

11:29:53 1:00?

11:29:54 >> Council, can we confirm whether that is on the site plan

11:29:57 or not.

11:29:58 Obviously whatever is --

11:30:00 >> The site plan says business operation from 11:00 a.m. to

11:30:03 2:00 a.m.

11:30:06 >>CHARLIE MIRANDA: Now you want to change it to 1:00?

11:30:09 >> 1:00.

11:30:10 I tried to get a little more than that.

11:30:13 But it works 1:00.

11:30:16 >> Are you asking to change it to 1:00 a.m. sir?

11:30:20 >> 1:00 a.m.

11:30:21 >>CHARLIE MIRANDA: Okay, let that reflect that.

11:30:23 And we'll bring it up when we bring the motion up for

11:30:26 approval, whatever.

11:30:27 It will be 11:00 to 1:00.

11:30:29 Not 11:00 to 2:00.




11:30:31 Okay.

11:30:33 >>MARY MULHERN: I second the motion with the amendment to be

11:30:38 added between first and second reading of the hours being

11:30:42 from 11:00 a.m. to 1:00 a.m.

11:30:46 >> That's fine.

11:30:50 >>CHARLIE MIRANDA: I have a motion on the floor for

11:30:51 approval.

11:30:54 >> Have a motion to close the public hearing.

11:30:58 >> If I could, Council, I believe there were some additional

11:31:01 changes that needed to be made to the site plan.

11:31:03 Corrections noted in the staff report.

11:31:05 The site data table and so on.

11:31:07 If you could in your motion clarify not just to change the

11:31:10 hours, but also the changes that were recommended in the

11:31:12 staff report.

11:31:13 >>CHARLIE MIRANDA: I'm sorry, I didn't hear the last part.

11:31:16 >> All right, the cleanup items for the site data table.

11:31:20 >>CHARLIE MIRANDA: Any other discussion, 67?

11:31:23 I need a motion to close again.

11:31:26 >>MARY MULHERN: So moved.

11:31:27 >>CHARLIE MIRANDA: Motion by Ms. Mulhern, second by Suarez.

11:31:30 All in favor please indicate by saying aye.

11:31:32 The ayes have it unanimously.

11:31:32 Now, we close -- I need a motion.

11:31:37 >> So I have the motion to approve, amended by Councilwoman




11:31:40 Mulhern with amendment also for site plan revision as

11:31:44 suggested by staff.

11:31:46 >>CHARLIE MIRANDA: And the hours of closing and operation

11:31:49 11:00 to 1:00.

11:31:51 >> Exactly.

11:31:52 >>CHARLIE MIRANDA: 7 days a week.

11:31:53 Okay, I have that motion on the floor.

11:31:55 All in favor of that motion, please indicate by saying aye.

11:31:58 That motion was Montelione, Mulhern.

11:32:01 Opposed nays?

11:32:02 The ayes have it unanimously.

11:32:03 All right.

11:32:05 Is 66 ready?

11:32:07 On the request that we have asked for the additional copies.

11:32:11 >> Motion carried with Cohen being absent.

11:32:13 Second reading of the ordinance will be held December the

11:32:16 1st at 9:30 a.m.

11:32:22 >>CATHERINE COYLE: I marked in green the location.

11:32:30 So you can see the remaining of the zoning districts around.

11:32:48 >>CHARLIE MIRANDA: Yes, sir?

11:33:05 >> Would you like me to wait or go ahead?

11:33:08 >>CHARLIE MIRANDA: We're ready.

11:33:09 >> One of the things I wanted to point out to Council was,

11:33:12 we were required to take out 12 parking spaces that back

11:33:17 into Ariana.




11:33:19 That's one of the reasons we need waivers on parking.

11:33:21 But that also gives us an opportunity, and I'll discuss this

11:33:26 with staff, as well as with the homeowner associations, to

11:33:29 landscape -- there's over 80 feet here that now is going to

11:33:36 be landscaped here.

11:33:39 And this is just dead space.

11:33:41 So, that can be very heavily landscaped.

11:33:43 And masonry wall can be placed around this patio, at least

11:33:47 on the backside.

11:33:49 Typically, they don't have noise that's being generated --

11:33:59 can they see it?

11:34:01 What I was saying, Council, was that all this area here,

11:34:12 there were 11 parking spaces in here that were removed.

11:34:15 Because they backed into Ariana.

11:34:18 But that also gives us an opportunity to landscape and put

11:34:22 buffers and hedges and a masonry wall along this side of the

11:34:27 patio, which will contain and mitigate any kind of noise

11:34:31 that might occur.

11:34:32 It's a special use.

11:34:40 It's for a district that's Kennedy Boulevard and I'm really

11:34:44 struggling with, if Kennedy isn't appropriate place for a

11:34:48 restaurant, I don't know where else you put them.

11:34:50 I'll be happy to answer any questions you have.

11:34:55 Again, like I said, I went through the comp plan.

11:34:58 I went through the City of Tampa Kennedy overlay district.




11:35:01 It's consistent with all those things.

11:35:03 >>CHARLIE MIRANDA: Mr. Suarez?

11:35:05 >>MIKE SUAREZ: Mr. Michelini, what are the proposed hours of

11:35:07 operation on this?

11:35:10 >> We'd like 11:00 to 1:00 a.m.

11:35:12 Seven days a week.

11:35:14 >>MIKE SUAREZ: What type of restaurant are they proposing

11:35:16 there?

11:35:16 I mean, is it a white tablecloth restaurant?

11:35:21 >> It's a white tablecloth, high end, fine dining

11:35:23 restaurant.

11:35:27 >>MIKE SUAREZ: Thank you.

11:35:28 >>CHARLIE MIRANDA: Any other questions by Councilmembers?

11:35:32 Ms. Capin?

11:35:33 >>YVONNE CAPIN: Mr. Michelini, on the garbage containers in

11:35:36 the back, I know one of the issues that I've heard here at

11:35:41 Council is that, if you're closing at 1:00 a.m., they start

11:35:46 to put trash in the dumpsters.

11:35:48 It's very noisy when cans and bottles hit the dumpster.

11:35:52 Cod maybe look at other hours of putting, like first thing

11:36:01 in the morning, the trash in the dumpster?

11:36:04 I need -- because I know that is an issue when they're so

11:36:08 close to a neighborhood, it is very noisy.

11:36:10 >> As an operational issue, they're very sensitive to those

11:36:14 kinds of issues.




11:36:15 And we can certainly make the bottle disposal separate from

11:36:21 the other parts, so it is not done late at night.

11:36:24 One of the things that also concerned us was that the

11:36:28 driveway is reversed.

11:36:30 Typically you would be coming off of Kennedy.

11:36:33 And not coming off the alley.

11:36:35 But that was a concern transportation had and they had us

11:36:40 reverse the direction.

11:36:41 We'd like -- we're going to have to revise the site plan

11:36:45 anyway.

11:36:46 We'd like to reverse the angle so you're exiting on to the

11:36:50 alley and coming back on Ariana.

11:36:52 Over here, instead of forcing the traffic to go up Ariana

11:36:58 and then turn down the alley.

11:37:01 What it's doing, it's causing a potential for people to

11:37:05 actually go into the neighborhood, which we'd like to avoid.

11:37:08 We'd much rather that the access that we have off of Kennedy

11:37:12 be utilized and like I said, reverse the angle.

11:37:15 But we can make those changes, but I don't think we can do

11:37:19 it without direction from Council.

11:37:21 >>CHARLIE MIRANDA: Mr. Suarez?

11:37:23 >>MIKE SUAREZ: Mr. Michelini, the site plan had has until

11:37:26 3:00 a.m. as hours of operation.

11:37:27 I assume that you would -- you wanted to change that.

11:37:32 >> Yes, sir.




11:37:33 >>MIKE SUAREZ: On the site plan.

11:37:34 On the site plan, automatically as soon as you came up there

11:37:37 1:00 a.m., why would it be on the site plan at 3:00 a.m.?

11:37:41 >> When you go through this process, and the engineers --

11:37:47 >>MIKE SUAREZ: That's not my question.

11:37:48 I understand, you do it by rote, okay.

11:37:52 But it's a white tablecloth restaurant you're not going to

11:37:55 really be open till 3:00 a.m. if you're running a white

11:38:00 tablecloth restaurant.

11:38:03 >> No, that will be stricken.

11:38:04 I looked for that note.

11:38:07 >>MIKE SUAREZ: So you are stipulating that it will be

11:38:08 changed on the site plan?

11:38:12 >> Yes, sir.

11:38:13 >>CHARLIE MIRANDA: Any other questions for Councilmembers?

11:38:15 Ms. Montelione, any questions?

11:38:18 >>LISA MONTELIONE: I was just -- earlier, maybe I missed

11:38:23 something, but earlier you said there -- there wasn't any

11:38:27 construction planned on the site?

11:38:28 >> No new construction on the site, that's correct.

11:38:32 >>LISA MONTELIONE: The area that says proposed covered

11:38:34 outside seating area, doesn't that fall into construction?

11:38:38 >> I meant the addition of a building.

11:38:41 >>LISA MONTELIONE: That's why I'm confused.

11:38:42 >> Outside seating is not typically construction, in terms




11:38:46 of expanding the building itself.

11:38:47 That's what I was referring to.

11:38:49 It's a remodeling as opposed to --

11:38:53 >>LISA MONTELIONE: Okay.

11:38:53 I just was confused by your statement when you said that

11:38:57 there was no construction, and then I saw proposed covered

11:39:00 seating, which to me would be, you'd be constructing a

11:39:05 covered seating area.

11:39:06 So it's just a miscommunication.

11:39:08 >> I'm sorry.

11:39:09 Didn't mean to mislead you.

11:39:10 Typically a patio, it does require a covering.

11:39:14 Of some kind.

11:39:15 But you can do that variety of ways.

11:39:17 It can be a canvas awning, a variety of different things.

11:39:21 >>CHARLIE MIRANDA: Ms. Mulhern?

11:39:25 >>MARY MULHERN: Yeah, I just had a question since he changed

11:39:28 the hours just now, from what was on the site plan.

11:39:32 Did you ever have any discussion with the neighborhood,

11:39:36 either the neighborhood opposition that was here today,

11:39:40 about the hours?

11:39:41 >> The letter of opposition came in yesterday.

11:39:43 So I didn't have a chance to talk to the gentleman at all.

11:39:47 But I have had ongoing conversations with Bob Allen for

11:39:53 quite sometime.




11:39:53 And we have worked very closely with him and his

11:39:56 neighborhood association over the years.

11:39:58 We have a general understanding that we would not be coming

11:40:03 to Council requesting establishments that would impact in

11:40:07 any adverse manner his neighborhood.

11:40:09 And we would try to mitigate any other issues that came up

11:40:13 as a result of our petition.

11:40:15 So, I mean, you can ask him, but we have a very good

11:40:19 relationship with him and his association and have

11:40:20 maintained that over at least 10 or 15 years.

11:40:26 >>MARY MULHERN: I believe he was here --

11:40:29 >> He's here.

11:40:29 He didn't oppose what we were doing.

11:40:31 >>CHARLIE MIRANDA: All right.

11:40:32 Any other questions for Council at this time?

11:40:35 I need a motion to close.

11:40:36 >> Motion to close.

11:40:38 >>CHARLIE MIRANDA: 66.

11:40:38 Motion to close by Ms. Montelione, second by Miss Mulhern.

11:40:42 Item 66, all in favor of the motion, please indicate by

11:40:44 saying aye.

11:40:45 Opposed nay?

11:40:47 The ayes have it unanimously.

11:40:47 What's the pleasure of Council?

11:40:50 >> Mr. Chair, I move to approve item number 77.




11:40:56 >>CHARLIE MIRANDA: Have a motion to approve with the

11:40:58 amendments.

11:41:00 >>LISA MONTELIONE: With amendments to restrict hours to

11:41:02 1:00 a.m. and whatever changes to the site plan need to be

11:41:05 made or recommended by staff between now and second reading.

11:41:08 >>CHARLIE MIRANDA: Have motion by Ms. Montelione for

11:41:10 approval.

11:41:11 Do I hear a second?

11:41:14 >> Second.

11:41:15 >>CHARLIE MIRANDA: Have second by Mr. Suarez.

11:41:17 Discussion on the motion, Ms. Mulhern?

11:41:20 >>MARY MULHERN: Thank you, Mr. Chairman.

11:41:22 I can't support this for referring to our code, because of

11:41:31 three of the waivers that still remain.

11:41:34 The one waiver reducing the required minimum distance

11:41:38 separation from a thousand to 98.

11:41:40 From other establishments selling alcoholic beverages.

11:41:44 The second waiver reducing the minimum distance separation

11:41:47 from a thousand to 26 for residential uses.

11:41:51 And the third waiver, reducing the required number of

11:41:54 parking spaces from 43 to 18 spaces.

11:42:02 I will refer to our code section 27-269, general standards,

11:42:11 A 3, that the use is compatible with contiguous and

11:42:14 surrounding property or the use is a public necessity.

11:42:18 As we have heard from Mr. Briggs, the neighborhood has been




11:42:25 opposed to sales of alcoholic beverages at this location.

11:42:31 The overwhelmingly now that we have the map, residential

11:42:34 uses that abut this property to the north.

11:42:40 Also under that same section, number four, the use is in

11:42:43 conformity with comp plan, Although I don't know I have that

11:42:50 here.

11:42:50 But I think it's just a matter of compatibility with those

11:42:55 surrounding neighbors.

11:42:56 And number five, the use will not establish a precedent or

11:43:03 encourage more intensive or incompatible uses in the

11:43:06 surrounding area.

11:43:07 I think we have all seen SoHo.

11:43:09 We have seen north Hyde Park and we have seen Ybor and what

11:43:13 happens when we continue to approve alcoholic beverage

11:43:18 permits.

11:43:19 I'd also like to refer to section 27-272, number two, when

11:43:29 processed as an S-2 permit, City Council shall grant waivers

11:43:34 if they find that the application after the granting of the

11:43:38 wafer is consistent with general standards set forth.

11:43:41 I already referenced those.

11:43:43 So I won't be supporting this.

11:43:45 >>CHARLIE MIRANDA: Okay.

11:43:46 Next, Ms. Capin?

11:43:51 >>YVONNE CAPIN: I'm going to start, that we are going to

11:43:53 have a workshop on this very issue in January, which is




11:43:57 enforcement of the and compliance with the conditions that

11:44:03 are agreed to on, at Council in January.

11:44:07 And as much as I would like to, because I do believe this is

11:44:12 a -- is compatible and does, can work for the neighborhood.

11:44:21 But I have no assurances of being able, nor do we have on

11:44:26 Council any way of enforcing the condition that is coming in

11:44:32 January.

11:44:32 And therefore, I regret I will not be able to support it.

11:44:38 >>CHARLIE MIRANDA: Any other Councilmembers?

11:44:39 Okay.

11:44:40 I have a motion on the floor.

11:44:41 Ms. Montelione, would you read that again, please?

11:44:44 >>LISA MONTELIONE: I move an ordinance being presented for

11:44:46 first reading and consideration, an ordinance approving

11:44:48 special use permit S-2 for alcoholic beverage sales,

11:44:52 restaurant on premises only, and making lawful sale of

11:44:55 beverages regardless of alcoholic content, beer, wine and

11:44:58 liquor for consumption with a restaurant business

11:45:00 establishment on that certain lot, plot, tract of land

11:45:03 located at 2617 West Kennedy Boulevard, Tampa, Florida as

11:45:07 more particularly described in section 2 hereof, providing

11:45:13 for repeal of all ordinances in conflict; providing an

11:45:15 effective date.

11:45:15 And changing the hours on the site plan making other site

11:45:19 plan changes as requested by staff and the applicant between




11:45:23 now and second reading.

11:45:25 >>CHARLIE MIRANDA: Just for the record, the hours are

11:45:27 11:00 to 1:00.

11:45:28 Yes, sir?

11:45:28 >> Mr. Chairman please forgive me for interrupting, but for

11:45:33 purposes of the record, Ms. Capin, I believe it's necessary

11:45:37 for me to let you know that I understand what your concerns

11:45:41 are.

11:45:42 And the fact that the Council will be discussing the

11:45:45 concerns generally in January.

11:45:47 But one cannot state ultimately what is going to come up,

11:45:51 what the workshop is in January.

11:45:53 Enforcement is always an issue as to every petition.

11:45:59 And it should not be whether or not it is administratively

11:46:03 enforced in a particular case.

11:46:07 Relative to this particular petition, I believe it would not

11:46:11 be appropriate to use that as a basis for denial if you

11:46:14 should find that it's compatible.

11:46:16 And therefore, without Council taking a vote now, I would

11:46:19 not want it to be defeated if it should be defeated on that

11:46:23 basis, because I don't believer that would be a legally

11:46:25 sufficient reason.

11:46:27 >>YVONNE CAPIN: Thank you, I appreciate it.

11:46:29 >>CHARLIE MIRANDA: She appreciate it.

11:46:30 So we have a motion to approve by Ms. Montelione, seconded




11:46:33 by Mr. Suarez.

11:46:34 All in favor of the motion, please indicate by saying aye.

11:46:37 Opposed nay?

11:46:41 Nay.

11:46:41 All right.

11:46:44 Mr. Harry Cohen, you have a responsibility when you get

11:46:47 back.

11:46:49 >> Voice recall.

11:46:54 >>MIKE SUAREZ: Nay.

11:46:55 >>YVONNE CAPIN: No.

11:46:57 >>FRANK REDDICK: No.

11:46:59 >>MARY MULHERN: No.

11:47:02 >>LISA MONTELIONE: Yes.

11:47:03 >>CHARLIE MIRANDA: Yes.

11:47:05 >>CHARLIE MIRANDA: Okay, that's item, 3-3 vote.

11:47:08 The procedures, Mr. Attorney?

11:47:11 >>MARTIN SHELBY: Ing thank you, Mr. Chairman.

11:47:13 The procedures are that if, I'm quoting from rule 6A.

11:47:19 A motion fails to receive at least four vote, the motion

11:47:22 fails.

11:47:22 If another motion in order is not made, the public hearing

11:47:25 shall be automatically reopened and continued to a time

11:47:28 certain at the next regularly scheduled Council meeting.

11:47:32 >>CHARLIE MIRANDA: Ask the clerk to say the next Council,

11:47:34 regular Council meeting and at what time?




11:47:41 >>THE CLERK: 9:30 a.m.

11:47:42 >>CHARLIE MIRANDA: On what date?

11:47:44 >>THE CLERK: On December the 1st.

11:47:46 9:30 a.m.

11:47:47 >>CHARLIE MIRANDA: December 1st, this hearing will come back

11:47:48 at 30:00 a.m.

11:47:50 >> Thank you, Council.

11:47:51 >>CHARLIE MIRANDA: Thank you very much.

11:47:52 Thank you all for attending.

11:47:54 Item number 68.

11:47:55 Has been opened.

11:47:56 It's a public hearing.

11:47:57 We opened them earlier.

11:47:58 City comes first.

11:48:21 >> Joel Sousa, land development.

11:48:28 Application V 11-408.

11:48:30 Property address is 2223 North Westshore Boulevard, unit

11:48:34 B-224.

11:48:36 Applicant name is Tampa Westshore associates LP.

11:48:42 Current zoning is PDA, with planned.

11:48:48 Proposed use is alcoholic sales, associated with restaurant,

11:48:52 on premises consumption only.

11:48:54 The developmental review committee has reviewed the

11:48:57 application and finds it consistent with the applicable City

11:48:59 of Tampa land development regulations.




11:49:02 There are no waivers requested.

11:49:03 According to the application submitted, the site is occupied

11:49:07 by the international mall complex.

11:49:10 Proposed Choking sales area encompasses 2,262 square feet.

11:49:15 And 243 square feet of the outside, is outside sales area,

11:49:20 for total of 2,495 square feet.

11:49:23 Site utilizes numerous shared surface and garage parking

11:49:27 areas to the mall site.

11:49:29 I'll show you where it's located.

11:49:31 Aerial view of the mall site.

11:49:40 Particular located is right in this little area here.

11:49:46 Exterior showing of the building itself.

11:49:55 >>CHARLIE MIRANDA: Police department?

11:49:58 >> Officer Don Miller, City of Tampa police department.

11:50:01 We have no, 0s.

11:50:02 >>CHARLIE MIRANDA: Petitioner?

11:50:06 >> Good morning, Council.

11:50:08 Anne Pollack with Mechanik Nuccio, 305 South Boulevard.

11:50:11 I represent Tampa Westshore associates, the developer of

11:50:15 International Plaza.

11:50:15 And this is to bring in a new Japanese restaurant into Bay

11:50:21 Street.

11:50:22 And it is being approved as a restaurant, so of course they

11:50:26 would have to meet all the restaurant requirements of the

11:50:28 city code.




11:50:29 I am here to answer any questions that you might have.

11:50:32 >>CHARLIE MIRANDA: Any questions at this time of the

11:50:33 petitioner?

11:50:33 All right.

11:50:34 Need a motion -- anyone from the audience care to speak on

11:50:41 this item?

11:50:42 I see no one.

11:50:43 On item number 68.

11:50:45 I have a motion to close by Ms. Montelione, second by

11:50:49 Mr. Reddick.

11:50:50 All if favor of the motion, please indicate by saying aye.

11:50:52 Opposed nay.

11:50:53 The ayes have it unanimously.

11:50:54 Is there an ordinance here?

11:50:56 >> We have a substitute ordinance.

11:50:57 >>CHARLIE MIRANDA: Ms. Mulhern, would you take number 8

11:50:59 please?

11:51:01 Substitute ordinance.

11:51:02 >>MARY MULHERN: Thank you, Mr. Chairman.

11:51:04 I move an ordinance approving a special use permit S-2 for

11:51:07 alcoholic beverage sales, restaurant on premises only, and

11:51:11 making lawful the sale of beverages regardless of alcoholic

11:51:14 content, beer, wine and liquor, for consumption with a

11:51:17 restaurant business establishment on that certain lot, plot

11:51:22 or tract of land located at 2223 North Westshore Boulevard,




11:51:26 unit B-224, Tampa, Florida, as more particularly described

11:51:30 in section 2 hereof, providing for repeal of all ordinances

11:51:33 in conflict; providing an effective date.

11:51:36 >> Second.

11:51:36 >>CHARLIE MIRANDA: Have a motion by Miss Mulhern, substitute

11:51:40 ordinance, seconded by Mr. Suarez.

11:51:44 All in favor of the motion, please indicate by saying aye.

11:51:48 Opposed nay.

11:51:49 The ayes have it unanimously.

11:51:50 Thank you all very much.

11:51:53 >>THE CLERK: Motion carried with Cohen being absent.

11:51:56 Second reading of the ordinance will be held December 1st at

11:51:59 9:30 a.m.

11:52:03 >>CHARLIE MIRANDA: Item number 69.

11:52:08 >> Next case is V 11-220.

11:52:36 Property address is 4202 east Fowler avenue.

11:52:41 University of South Florida.

11:52:42 Current zoning is university community district.

11:52:46 UC.

11:52:47 The proposed special use is beer, wine liquor, consumption

11:52:50 on premises only.

11:52:51 The developmental review committee has reviewed the

11:52:55 application and finds it consistent with the applicable City

11:52:57 of Tampa land development regulations.

11:53:00 A minor site plan modification will be required between




11:53:02 first and second reading of the ordinance.

11:53:04 Requested are -- section 27-272, allow alcoholic sales

11:53:13 within parking and loading areas.

11:53:15 According to the application submitted, the site plan is

11:53:19 occupied by the University of South Florida.

11:53:21 The proposed sales area encompasses both indoor and outdoor

11:53:26 areas, surrounding the intramural football field, soccer

11:53:29 fields, baseball fields, softball fields, sun dome and

11:53:33 athlete building.

11:53:35 Contains approximately 40.269 acres.

11:53:39 Including 386,224 gross square feet of interior space.

11:53:43 The site utilizes numerous established surface parking

11:53:47 areas.

11:53:47 Land Development Coordination requires site modification for

11:53:51 the waiver requested applicant to remove the three distance

11:53:56 requirements that are not required by code and add sales

11:53:58 area, shall not be located within the parking or loading

11:54:02 area or space.

11:54:06 >>CHARLIE MIRANDA: Police department?

11:54:09 >> Officer Miller, City of Tampa police department.

11:54:11 We have no objection.

11:54:12 >>CHARLIE MIRANDA: Thank you, sir.

11:54:13 Petitioner?

11:54:15 >> Good morning, Mr. Chairman.

11:54:17 Gina Grimes with the law firm of Hill, Ward and Henderson.




11:54:21 And I have been sworn.

11:54:24 I am here this morning representing the University of South

11:54:26 Florida.

11:54:27 I have with me the assistant athletic director, Scott

11:54:30 Glazer.

11:54:31 He's held that position for the last 11 years.

11:54:33 I also have with me Mr. Hank lavendero assistant associate

11:54:40 Council.

11:54:41 They're both available if enough I -- if you have any

11:54:44 questions.

11:54:44 As you've heard, this is a request to sell alcohol, beer

11:54:47 wine and liquor for consumption on premises only.

11:54:50 What I need to emphasize at the outset, this is not a new

11:54:53 request for alcoholic beverage sales.

11:54:55 The university already has six wet zone permits or special

11:55:01 use permits.

11:55:02 And they are contained in your presentation book at tab 2.

11:55:07 There's a location map.

11:55:09 I'm going to put it up on the Elmo, that shows the existing

11:55:13 areas that are currently wet zones.

11:55:15 And in addition, in the presentation book is copies of the

11:55:26 Rolodex cards that are used by land development coordination

11:55:31 to, as their records for the areas that are permitted for

11:55:35 the sale of alcoholic beverages.

11:55:38 And sometimes in the land use world, we jokingly refer to




11:55:42 the rollADEX as the rosetta stone for alcoholic beverage

11:55:48 also.

11:55:49 Thanks to Ms. Capin and Ms. Coyle, they are transferring all

11:55:53 the Rolodex cards to a database so that the city will be

11:56:02 fully automated when it comes to records for alcoholic

11:56:02 beverage sales.

11:56:02 But in that book is a copy of the six different alcoholic

11:56:06 beverage zoning permits for the University of South Florida.

11:56:09 Three of those six are for the existing or formerly existing

11:56:16 athlete facilities.

11:56:17 I'll show them to you very quickly.

11:56:21 These are also encompassed in the subject application.

11:56:29 There is approval for sale of alcoholic beverages at A, the

11:56:33 sun dome, B, which is the former soccer stadium and track

11:56:37 field.

11:56:37 And C, which was the bleacher area where, at the former

11:56:43 baseball field.

11:56:43 The purpose of the request today is because most of these

11:56:50 athlete facilities have been renovated.

11:56:52 In fact, the community has invested close to $88 million in

11:56:57 renovation of the University of South Florida's athletic

11:57:00 facility.

11:57:01 If you haven't seen them, you need to take a trip out there

11:57:04 and see how beautiful they are.

11:57:06 The areas that are included within the wet zone application,




11:57:10 or the alcoholic beverage application are the sun dome,

11:57:17 formerly known as the sun dome.

11:57:19 Now known as the Pam and Les Muma basketball center.

11:57:23 To the north of that is the athletic center, where the

11:57:30 administrative offices are located.

11:57:32 To the north of that is the Morsani football practice field.

11:57:38 South of that is the Corbett soccer stadium.

11:57:42 And south of that in the center is the Gonzmart Plaza that

11:57:43 is the new concession area.

11:57:49 And back-to-back is the baseball field and the softball

11:57:52 field, both sharing the Gonzmart family plaza concession

11:57:57 area.

11:57:57 So those are the facilities that are encompassed in our

11:58:01 application for this alcoholic beverage sales permit.

11:58:04 In addition, in your materials, I've also included several

11:58:11 pictures.

11:58:12 Again, I'll go through them quickly.

11:58:15 But I think it's important, in the earlier hearings you

11:58:18 asked to see pictures of these locations.

11:58:20 This is the basketball center.

11:58:21 That is the southern elevation.

11:58:25 This is the eastern elevation of the basketball center.

11:58:28 You can see where the sun dome used to be.

11:58:30 And then this whole new addition in the front is what's

11:58:33 being added.




11:58:35 You have to the east of that is the Gonzmart family plaza,

11:58:38 where the softball field backs up to that plaza.

11:58:41 And the baseball field backed up to that plaza.

11:58:44 This area in left field is what's wet zoned right now.

11:58:47 So if you're a left fielder, you're in a good location.

11:58:50 [ Laughter ]

11:58:52 >>CHARLIE MIRANDA: They all went over the fence.

11:58:57 >> Across the street from the baseball stadium is the

11:58:59 Corbett soccer stadium.

11:59:01 That's the southern elevation.

11:59:02 This is the eastern elevation.

11:59:04 And looking back, you can see the athletic center, which is

11:59:09 part of this alcohol beverage zone area.

11:59:11 There's the front of the athletic center, where the offices

11:59:14 and the training facility is located.

11:59:17 This is the western entrance to the football complex, where

11:59:20 the football practice fields are located.

11:59:22 This is the eastern entrance to that complex, and then

11:59:25 here's a view looking to the northwest of the practice

11:59:29 football field.

11:59:30 The two most important issues I think I need to address in

11:59:35 this presentation is why we're requesting this permission.

11:59:39 And the safeguards that we already have in place.

11:59:42 There are several reasons why we're requesting it.

11:59:47 First and foremost is because we're trying to consolidate




11:59:51 the existing alcohol beverage permits that we currently

11:59:55 have.

11:59:56 What has happened as a result of the renovation, is the

11:59:58 former cut-out legal descriptions of what was previously wet

12:00:02 zoned are no longer applicable because of the change in the

12:00:05 locations of all these facilities.

12:00:06 Also, what we're trying to do is utilize what, an umbrella

12:00:14 or blanket type alcohol beverage permits as opposed to

12:00:19 separate individual ones that have separate rules and

12:00:22 restrictions.

12:00:22 By consolidating all these into one permit, we think we will

12:00:26 eliminate the need for USF to have to apply for separate

12:00:29 individual permits for each of these facilities.

12:00:32 It will eliminate the time and expense that they have to

12:00:35 undergo to do so.

12:00:36 It will also allow them to more easily monitor all of the

12:00:41 conditions under a wet zoning permit, rather than having

12:00:44 four or five different alcoholic beverage permits, we'll

12:00:47 have one permit with one set of conditions that they will be

12:00:49 responsible for monitoring.

12:00:51 Another reason we're requesting it, is it will provide USF

12:00:56 with flexibility as far as the location and the types of

12:00:59 events that they can host.

12:01:01 I know a lot of individuals had the perception that in wet

12:01:05 zoning the athletic fields, that we were going to allow the




12:01:08 free flow of alcohol at athletic events, and that's not true

12:01:13 at all.

12:01:14 Athletic events, we are asking per application to sell

12:01:18 alcoholic beverages at athletic events, but these are used

12:01:22 for a wide variety of uses.

12:01:24 The sun dome as all you know, they have concerts, they have

12:01:28 basketball games.

12:01:29 The RNC has already reserved several date to utilize the sun

12:01:34 dome.

12:01:34 They have, as he told me, they have rodeo event.

12:01:37 They have all different kinds of events there on a regular

12:01:39 basis.

12:01:40 This would give him the flexibility to allow or permit

12:01:45 alcohol sales at certain event.

12:01:46 As he explained to me, not all the events need to utilize

12:01:50 the permission to sell alcoholic beverages.

12:01:52 In fact, he said he had a client recently that doesn't want

12:01:55 any alcoholic beverage sales at all.

12:01:59 It's a youth event.

12:02:00 This consolidated alcoholic beverage permit will give him

12:02:03 that flexibility.

12:02:04 On the baseball and softball fields, every spring they host

12:02:07 tournaments where they bring 20 or 30 teams in from the

12:02:10 northeast, to stay in the USF area for ten days, two weeks

12:02:14 sometimes.




12:02:15 And you have all those people coming in and it's spring

12:02:18 break and everybody would enjoy being, having the ability to

12:02:22 have alcohol with some of those games.

12:02:25 So it's not just for the regular season games.

12:02:28 It's for tournaments and it's not just for -- it isn't for

12:02:32 students.

12:02:33 It's really for the other fans and visitors that come to

12:02:35 these events.

12:02:36 You also have at some of these facilities, like the athletic

12:02:39 center, alumni event and donor fund-raising event.

12:02:42 Again, this would give USF the ability to sell alcohol at

12:02:46 these various different types of events.

12:02:48 Lastly, again, it's -- sales of alcohol is really nothing

12:02:53 more than an amenity that can be offered at these event.

12:02:56 It's not the sole purposes for these venues being in

12:03:01 operation, but it's an amenity they would like the ability

12:03:03 to offer to their guests.

12:03:05 I'd like to now address the safeguards and the limitations

12:03:09 that are in place to assure you that there will not be any

12:03:13 types of abuses of the, of your permission to sell alcoholic

12:03:17 beverages.

12:03:18 You have to keep in mind that they've already had the

12:03:21 ability to sell alcohol at several different venues since

12:03:25 1998 that we the tell and apparently in the rosetta stones

12:03:30 does not indicate when the sun dome was originally wet




12:03:33 zoned.

12:03:34 With you it's -- but it's been wet zoned from sometime.

12:03:37 Mr. Glazer thinks it may date back to 1979.

12:03:41 So for the last 20 years, they've been selling alcoholic

12:03:45 beverages out there.

12:03:46 So they have a good track record.

12:03:48 We know of no abuses and no violations.

12:03:50 But on top of that, I've included the USF alcohol policy.

12:03:57 They have an adopted policy that is in -- that's in place,

12:04:00 that governs not just the sale of alcoholic beverages, but

12:04:03 consumption of alcoholic beverages on the university campus.

12:04:06 As far as this permit is concerned, Mr. Glazer's office, the

12:04:13 athletic director's office would monitor each and every

12:04:16 request to sell alcohol.

12:04:17 So it would just not be uniformly granted for anybody that's

12:04:20 using a facility.

12:04:22 Any time, any user of any facility wants to sell alcohol,

12:04:25 they have to submit and application to the athletic

12:04:27 director's office.

12:04:29 This would apply to even the non-undergraduate sponsored

12:04:34 event by alumni or donors.

12:04:36 In that policy, you'll see that the campus police have to be

12:04:41 notified as to every event where alcohol beverage sales will

12:04:44 occur.

12:04:46 Most importantly, all the sale of alcohol will be




12:04:49 administered or implemented by USF's concessionaire.

12:04:53 Currently it's air mark.

12:04:56 It's out for bid right now.

12:04:58 These are trained individuals that are familiar with the

12:05:03 rules and regulations in selling and dispensing alcoholic

12:05:06 beverages.

12:05:07 Some regulations include of course that everybody is

12:05:10 required to provide identification.

12:05:11 They limit the number of beverages that can be purchased at

12:05:15 one time.

12:05:15 These concessionaires are licensed and insured.

12:05:20 And in addition to that, there is additional security

12:05:23 requirements dealing with secured entrances and the ages of

12:05:27 the attendees and so forth.

12:05:29 So, we think that there are ample safeguards in place

12:05:33 already under the USF's policy.

12:05:35 Alcohol policy.

12:05:37 And in addition to that, we think that track record that

12:05:40 they have of no abuses is also very important.

12:05:42 I also wanted to mention this request includes the

12:05:47 permission to sell liquor in addition to beer and wine.

12:05:50 We would -- I believe Mr. Glazer indicated we would agree to

12:05:56 liquor sales only at the sun dome.

12:05:58 At none of the other facilities would, he believes that

12:06:01 would be necessary if that's something that would make this




12:06:06 application more appealable to you.

12:06:09 As to the compliance with the code, I do want to say I know

12:06:15 there's been a lot of discussion on the new alcohol code

12:06:19 that you adopted back in February or March.

12:06:22 I know there's been a lot of discussion about what perceived

12:06:28 weaknesses in that coach. I can tell you, from someone who

12:06:31 has worked in this area a long time.

12:06:33 That code is a huge improvement over what previously

12:06:35 existed.

12:06:35 It's very user friendly.

12:06:37 This is my first opportunity under that new code and I think

12:06:40 it works really well.

12:06:42 It's much easier to understand and follow than the previous

12:06:45 code.

12:06:45 Just an editorial comment.

12:06:46 I know, Mr. Chairman, I'm hurrying.

12:06:49 But, moving on.

12:06:53 We are requesting no waivers.

12:06:54 I think Joe indicated we had included some waivers on our

12:06:57 site plan because the previous locational requirements would

12:07:02 have required waivers.

12:07:03 Under this new code, the only locational requirement you

12:07:06 have for the USF area is 250 feet from residential uses.

12:07:09 And we're well beyond that distance of 250 feet from

12:07:14 residential uses.




12:07:15 So, actually we don't need any waivers.

12:07:17 I think there was a discussion about parking and loading

12:07:22 areas.

12:07:23 And whether or not there would be sales in parking and

12:07:25 loading areas.

12:07:26 I know some of the area encompassed in the survey includes

12:07:31 those parking and loading areas, but it's not anticipated

12:07:35 that it would occur on frequent basis.

12:07:37 I've included pictures of the buffer areas, just so you can

12:07:40 see there will be no impact on adjacent uses.

12:07:42 So with that, I'll conclude and say that I know this is

12:07:46 quite a large area to be requesting permission to sell

12:07:48 alcohol.

12:07:49 However, given those safeguards and given the track record

12:07:51 of USF, I think it's appropriate.

12:07:54 You know how much has been invested in these facilities.

12:07:57 I think you can take comfort in the fact that they'll

12:07:59 protect that investment.

12:08:01 And with that, we are asking for your approval.

12:08:04 >>CHARLIE MIRANDA: Okay.

12:08:04 Thank you very much.

12:08:05 I was about to ask the Council for a time extension.

12:08:11 >> Sorry.

12:08:16 >>LISA MONTELIONE: Move to extend the time till 12:15.

12:08:20 >>CHARLIE MIRANDA: Have a motion by Ms. Montelione, second




12:08:22 by Mr. Reddick.

12:08:23 All in favor of that motion, please indicate by saying aye.

12:08:24 That's extension of time to 12:15.

12:08:27 Opposed nays.

12:08:30 The ayes have it unanimously.

12:08:30 All right.

12:08:32 Ms. Capin?

12:08:34 >>YVONNE CAPIN: Thank you, Mr. Chairman.

12:08:36 This question is for Cathy Coyle.

12:08:39 Ms. Coyle, the ordinance that was passed in October, the

12:08:46 alcoholic beverage conditions placard, I need to -- some

12:08:51 clarification on that.

12:08:54 Is that from now forth, every new permit is the conditions

12:09:02 are being asked to be posted?

12:09:07 >>CATHERINE COYLE: Yes, actually, what we're doing with

12:09:09 that, on the case like this, if you were to approve this,

12:09:14 and it went to second reading, it's upon certification and

12:09:17 approval of this.

12:09:19 So we would actually be issuing that placard at the finality

12:09:22 of this particular case.

12:09:24 Anything that comes through administratively, once we issue

12:09:29 the approval letter, we issue the placard along with it.

12:09:32 Then the ones that are historical, when they come in for

12:09:35 sign off for state license if they change names or anything,

12:09:38 we are issuing the placard at that time.




12:09:41 >>YVONNE CAPIN: The other question is, so it is also being

12:09:45 done when you, when these come through administratively?

12:09:50 >> Yes, for all establishments.

12:09:53 >>YVONNE CAPIN: Okay.

12:09:53 Thank you.

12:09:54 I needed to know that.

12:09:55 Thank you for clarifying that.

12:09:57 >>CHARLIE MIRANDA: Any further discussion by Councilmembers?

12:09:59 Ms. Mulhern?

12:10:00 >>MARY MULHERN: Thank you, Mr. Chairman I have to speak up

12:10:05 for Rolodex, because my previous career as a registrar

12:10:12 keeping track of art objects, we didn't have computers.

12:10:19 [ Laughter ]

12:10:22 >>MARY MULHERN: It's just kind of funny.

12:10:24 There was a time when, I don't think we kept records on

12:10:28 Rolodex, but on file cards and file cabinets.

12:10:32 So, you know, but it's pretty amazing to see these.

12:10:36 Here's what I would like to ask.

12:10:43 Either from you Mrs. Grimes or from someone from USF.

12:10:48 I want to understand, I guess the ABC, the major fields on

12:10:56 your diagram, I guess do I have questions for Ms. Coyle too,

12:11:02 because on these Rolodex cards, only two of them say --

12:11:08 that's very confusing.

12:11:09 Wait -- three of the six cards say on them became law with

12:11:17 the date.




12:11:18 Right?

12:11:21 No.

12:11:21 Some do have the ordinance numbers with the dates.

12:11:24 But what about, the first two, just says this is not an

12:11:28 ordinance number, so you have to refer to the file and go --

12:11:31 how do we know -- do we not know when they were awarded the

12:11:37 permits?

12:11:40 >>CATHERINE COYLE: There are locations for sale of alcoholic

12:11:44 beverages within the city that were never issued an

12:11:47 ordinance.

12:11:48 They pre-date our regulations for alcohol.

12:11:50 >>MARY MULHERN: So who gave them the wet zoning, if the city

12:11:57 didn't?

12:11:59 >>CATHERINE COYLE: We didn't used to regulate it.

12:12:01 >>MARY MULHERN: It wasn't regulated at all?

12:12:03 >> No.

12:12:04 >>MARY MULHERN: When did we start regulating.

12:12:06 >> June 1st, 1945.

12:12:08 >>MARY MULHERN: 1945.

12:12:09 So these cards, they look more recent than '45.

12:12:12 But who knows?

12:12:13 >> The cards definitely are more recent than 1945.

12:12:17 >>MARY MULHERN: Here's my question.

12:12:18 So Ms. Grimes, are all the highlighted ones on your map, the

12:12:23 pink and green highlights, they currently have permits --




12:12:29 >> If I could also add, if you note on the zoning atlas,

12:12:33 zoning is listed as UC, which is the historical zoning.

12:12:37 They were annexed into the city.

12:12:39 So probably were approved for alcohol sales under the county

12:12:44 regulations.

12:12:46 >>MARY MULHERN: So your A through F, where sales, is this --

12:12:51 this is currently allowed?

12:12:53 >> Correct.

12:12:54 >>MARY MULHERN: And when you, your highlighted areas on this

12:12:59 map, those highlighted areas are where you can sell alcohol?

12:13:08 >> On the -- yes, correct.

12:13:11 Those are the existing wet zoned areas.

12:13:16 >>MARY MULHERN: Okay.

12:13:16 AB and C --

12:13:25 >> Is what we're wrapping into this application.

12:13:27 >>MARY MULHERN: Here's -- it's curious to me because, I'm

12:13:30 from the big 10 schools.

12:13:32 I didn't want to have any ex parte communication, but I did

12:13:37 ask my brothers and sisters and nieces and nephews about

12:13:43 drinking at college football and athletic fields.

12:13:49 And they said nobody in the big 10.

12:13:52 What is the --

12:13:55 >> I can tell you in the PAC 10, they sell alcohol.

12:13:58 In the WAC, they sell alcohol.

12:14:00 >>MARY MULHERN: Well, what is in Florida?




12:14:02 That's my question for you in Florida.

12:14:04 If you go to a Gators event, or.

12:14:08 >> I believe they have alcohol.

12:14:11 >>MARY MULHERN: Sales at the facility?

12:14:13 >> In certain portions of the stadium.

12:14:17 >>MARY MULHERN: I'm just curious.

12:14:19 The university asking for this --

12:14:23 >> If I may --

12:14:24 >>CHARLIE MIRANDA: Just a second, please.

12:14:26 >> If I recall correctly, I was looking at the NCAA rules

12:14:30 you had in the back.

12:14:31 The NCAA at one time used to allow on-campus alcoholic

12:14:36 consumption.

12:14:37 Then they stopped that.

12:14:38 And then now, it sounds like based on what you have in your

12:14:42 booklet, that they are allowing that again.

12:14:46 >> It's regulated by the school.

12:14:49 >> What Ms. Mulhern is saying, it may be a rule along the

12:14:52 lines of the big 10 that they do not allow it on campus.

12:14:55 That may be a rule they follow.

12:14:57 >> There's not a conference rule.

12:14:59 >> In terms of the big east is what you're saying.

12:15:03 So you would not be against either NCAA -- so it could be

12:15:07 different in different conferences.

12:15:09 >> I think the way the NCAA has now structured it is that




12:15:13 it's up to each independent school to determine it.

12:15:15 And if the conference has a rule, then that may supersede

12:15:18 any school rules.

12:15:20 But a lot of conferences, Ms. Mulhern, do allow the sale of

12:15:24 alcoholic beverages on campus at athletic events.

12:15:27 >>MARY MULHERN: Okay.

12:15:27 I was wondering, because I was surprised to see this.

12:15:31 But then it occurs to me that, do you know when the legal

12:15:36 age for drinking now is 21, right?

12:15:39 >> Yes.

12:15:40 >>MARY MULHERN: When did it change from -- it was 18

12:15:42 probably.

12:15:43 >> Was 18 back in the mid 70s.

12:15:46 >> I can actually answer that.

12:15:47 It was 1982 when I graduated from high school.

12:15:51 [ Laughter ]

12:15:52 >>MIKE SUAREZ: I was 18.

12:15:53 I was grandfathered in.

12:15:55 So I remember it well.

12:15:56 Actually not well.

12:15:58 Kind of cloudy.

12:15:59 >>CHARLIE MIRANDA: I remember that, you were six years a

12:16:02 senior.

12:16:02 [ Laughter ]

12:16:04 >> I want to emphasize again, that the request is not in




12:16:08 order to sell alcohol to students.

12:16:10 It's to sell alcohol at the games that are attended by

12:16:13 others.

12:16:15 >>MARY MULHERN: I understand.

12:16:16 But those are my questions, I don't know if you have the

12:16:18 answers to these.

12:16:19 Or the athletic department does.

12:16:21 >> I'm going to ask Scott because he's handled all the

12:16:24 operational issues with respect to this for the last 11

12:16:27 years.

12:16:27 Scott also, Mr. Chairman, is a former USF baseball player.

12:16:34 >>CHARLIE MIRANDA: Where was he when we needed him.

12:16:37 [ Laughter ]

12:16:41 >> He hasn't been sworn.

12:16:45 >>CHARLIE MIRANDA: Raise your right hand.

12:16:48 >> I'm a lefty, but I'll raise my right hand.

12:16:50 [Oath administered by Clerk]

12:16:52 >> Yes, ma'am.

12:16:52 Scott Glazer, 2705 Winsome Way, Tampa, Florida.

12:16:58 >>MARY MULHERN: What is the, student enrollment?

12:17:00 What's the number of students enrolled, say now?

12:17:05 Just an average number.

12:17:08 >> I believe around 45,000 students within the system.

12:17:12 And may be five or six thousand that live on campus.

12:17:16 >>MARY MULHERN: Okay.




12:17:17 So, 45,000 and only 5,000 are on campus.

12:17:23 Do you have any breakdown what kind of attendance your

12:17:30 athletic events is current students or others?

12:17:33 >> I don't with me.

12:17:34 But from experience in general, our capacity is limited

12:17:37 based on construction code and fixture count and things you

12:17:40 may have heard and other projects.

12:17:41 So we are limited on how many people we can allow in each

12:17:44 venue.

12:17:45 For example, baseball, 3,000 person range.

12:17:47 Of that, our students support is, you know, couple hundred

12:17:51 at best.

12:17:52 At certain times.

12:17:53 It gets a little greater when you get into the arena and

12:17:56 talking about 10,000 seat arena and basketball or student

12:17:59 events.

12:18:00 But again the use or request for alcohol sales at these

12:18:04 events, while a student if they were 21 and they were

12:18:07 legally able to, they would.

12:18:08 But it's more the social aspect from somebody wanting to

12:18:10 come and watch a baseball or softball game or soccer game.

12:18:14 >>MARY MULHERN: I understand that I just want to have an

12:18:17 idea on who's there.

12:18:19 >> The student use is very small in general.

12:18:23 >>MARY MULHERN: I'm not asking about alcohol use -- alcohol




12:18:26 use?

12:18:26 >> No, just attendance in general.

12:18:29 >>MARY MULHERN: Student attendance is small?

12:18:31 >> Yes, ma'am.

12:18:31 >>MARY MULHERN: Do students get season tickets?

12:18:35 >> Students receive free ticket to all our event, including

12:18:38 football.

12:18:39 >>MARY MULHERN: So even at the football games, the student

12:18:42 attendance is small?

12:18:43 Football games --

12:18:45 >> Our football games at Raymond James Stadium.

12:18:49 >>MARY MULHERN: You don't have any data to show who's going

12:18:52 to these events?

12:18:53 >> I do not.

12:18:54 Not with me today, I do not.

12:18:56 But we do on record, would have all our attendance and

12:19:00 students would have their student ID an be scanned in and

12:19:04 show the number of students that participate in our sporting

12:19:07 event.

12:19:08 >>MARY MULHERN: And what kind of -- after the individual

12:19:16 over 21 person buys a beer or a number of beers and then

12:19:20 goes into the stands, how is the drinking in the stands

12:19:23 enforced?

12:19:25 >> We have at all our event, we have security.

12:19:28 Ranges from campus police, uniformed police to licensed




12:19:32 security that would be there and it's monitored like any

12:19:34 venue you'd have in towns, whether the St. Pete Times Forum

12:19:40 or Raymond James Stadium.

12:19:41 It's visual.

12:19:43 If you see somebody not acting appropriately, that person

12:19:46 would be approached and asked to behave themselves or they

12:19:49 would be removed.

12:19:51 >>MARY MULHERN: Can they look at someone and know --

12:19:53 >>CHARLIE MIRANDA: We're going to have to stop.

12:19:55 We're over 12:15.

12:19:59 >>REBECCA KERT: I could make a comment for the record?

12:20:03 >> Motion to continue hearing.

12:20:05 Let's be safe and do 12:45.

12:20:09 >>CHARLIE MIRANDA: I'm not going to be here 12:30.

12:20:12 I have a hair appointment.

12:20:13 [ Laughter ]

12:20:14 >> I thought ten minutes would be enough before.

12:20:18 >>CHARLIE MIRANDA: I understand.

12:20:18 All right.

12:20:19 I got a motion by Ms. Montelione for 12:45.

12:20:22 Second by Mr. Suarez.

12:20:24 And in five minutes, we're going to solve all the

12:20:27 districting of the big west, the big ten, the Mack, and the

12:20:30 big east.

12:20:31 We're going to tell them where they got to play.




12:20:34 I will vote that way.

12:20:35 All right.

12:20:36 All in favor of that motion, please indicate by saying aye.

12:20:41 >>REBECCA KERT: I understand Councilmembers may have

12:20:44 concerns about some of the enforcement issues.

12:20:46 As stated earlier, or let me state what was stated earlier

12:20:49 another way.

12:20:50 It's not legitimate basis of denial for this special use

12:20:54 permit to assume that the operations will not be done

12:20:58 legally.

12:20:59 You have to assume -- you have to look at this and assume

12:21:02 that everything will be done legally.

12:21:04 To assume otherwise would not be appropriate basis for

12:21:08 denial.

12:21:08 >>MARY MULHERN: I don't have any more questions.

12:21:10 >>CHARLIE MIRANDA: Ms. Montelione?

12:21:12 >>LISA MONTELIONE: Thank you.

12:21:12 I just wanted to say I've lived in the area for 27, I think

12:21:19 years now.

12:21:19 And USF has never to my knowledge been cited for or there's

12:21:29 never been any issues with any students off campus causing

12:21:33 any trouble.

12:21:34 I don't recall any major accidents or anything like that.

12:21:39 So, I understand the safety of our children, safety of our

12:21:43 students and the surrounding neighborhoods and the




12:21:45 protection of those neighborhoods is what I think Council is

12:21:49 most concerned about.

12:21:50 But they've always been a very good neighbor.

12:21:53 Any time there's been an issue with the university that the

12:21:59 neighborhoods have had, they've been very responsive.

12:22:01 With any of the departments, not just athletics, but -- I'm

12:22:05 just thrilled to see the expansion of the sport programs.

12:22:11 The expansion of the campus and all of the work that's being

12:22:14 done over at USF.

12:22:15 So, I appreciate all of those things that USF does.

12:22:21 And moving the university into a major arena of not only for

12:22:29 students as you pointed out -- I've been to a lot of Evans

12:22:33 over after USF and there are many, many event that are not

12:22:36 geared towards or directed at students and the attendance is

12:22:40 folks coming in for other reasons and events.

12:22:43 It's just an economic driver in our area.

12:22:47 And I'm glad to see this.

12:22:50 So I'd like to close the public hearing and second that.

12:22:54 >>CHARLIE MIRANDA: We got to ask the public first.

12:22:56 Anyone that has not spoken.

12:22:57 We have killed this thing twice.

12:22:59 It's still coming back, so I'm going to ask anybody in the

12:23:01 audience if they want to speak on the subject matter before

12:23:04 we take a vote and close the public hearing?

12:23:08 I see no one.




12:23:09 >> Move to close public hearing.

12:23:10 >>CHARLIE MIRANDA: Motion to close the public hearing by

12:23:12 Ms. Montelione, second by Mr. Capin.

12:23:14 Further discussion on that motion?

12:23:15 All if favor of the motion please indicate by saying aye.

12:23:18 Opposed?

12:23:19 No.

12:23:19 The ayes have it unanimously.

12:23:20 Mr. Suarez?

12:23:28 >>MIKE SUAREZ: I move an ordinance being presented for first

12:23:30 reading consideration.

12:23:31 An ordinance approving a special use permit S-2 for Choking

12:23:34 beverage sales, large venue on premises only and making

12:23:38 lawful the sale of beverages regardless of alcoholic

12:23:40 content, beer, wine and liquor, for consumption on that

12:23:44 certain lot, plot or tract of land located at 4202 East

12:23:48 Fowler Avenue, Tampa, Florida, as more particularly

12:23:51 described in section 2 hereof providing for repeal of all

12:23:54 ordinances in conflict; providing an effective date.

12:23:57 >>CHARLIE MIRANDA: Have a motion by Mr. Suarez.

12:23:59 Second by Ms. Montelione.

12:24:00 Any further discussion on that motion?

12:24:05 All in favor of the motion, please indicate by saying aye.

12:24:08 Opposed nay.

12:24:10 The ayes have it unanimously.




12:24:11 Thank you all.

12:24:13 >> Motion carried with Cohen being absent and the second

12:24:16 reading of the ordinance will be held December the 1st at

12:24:19 9:30 a.m.

12:24:20 >>CHARLIE MIRANDA: All right.

12:24:20 We have already done information reports.

12:24:22 General public comments.

12:24:24 Anyone in the audience care to speak?

12:24:28 >> I'm here today, my name is Tanya whiteman.

12:24:31 I live 3706 west Oklahoma.

12:24:33 I know I came to the Council maybe two years ago about this

12:24:38 same bar, but I was notified Monday that somebody fell and

12:24:45 actually tripped over this bar.

12:24:46 I don't know if it's like one of those large green garbage

12:24:50 cans that I see around.

12:24:52 I don't know if it belongs to the city or if it belongs to

12:24:56 Hartline.

12:24:56 But they would move the garbage can but they left the metal

12:24:59 bar attached to the ground and it's up.

12:25:04 I took all day yesterday pretty much.

12:25:10 >> Can you put that on the overhead?

12:25:15 >> I took yesterday and I paid someone to edge it.

12:25:20 I loaded it down.

12:25:21 I removed all the leaves, everything.

12:25:24 So it's visible now.




12:25:25 But my gosh, somebody is going to split their head if this

12:25:30 isn't resolved.

12:25:31 >> Where is it?

12:25:33 >> On the corner.

12:25:41 >>CHARLIE MIRANDA: All right.

12:25:42 Let me ask the chairman of public works to work with the

12:25:45 city and give the location of that.

12:25:48 We'll take care of it.

12:25:50 >> I called Hartline.

12:25:52 >>CHARLIE MIRANDA: Forget Hartline.

12:25:54 >> We'll figure out what it is.

12:25:55 If you can give the information too the young lady standing

12:25:58 next to you.

12:26:00 >>CHARLIE MIRANDA: Ms. Mulhern?

12:26:03 >>MARY MULHERN: Thank you, Mr. Chairman.

12:26:04 Since we did our new business early, I didn't have my new

12:26:10 business.

12:26:10 I have a couple things I just wanted to mention.

12:26:13 One is that this Saturday irks November 19th, from 9:00 to

12:26:18 5:00, made by hand, the City of Tampa parks and recreation

12:26:22 department has an art show and sale at the Hyde Park art

12:26:27 studio, 7:02 south Albany street in Tampa, where you can

12:26:31 purchase gifts made by hand by local artists.

12:26:36 And the other thing I wanted to mention is the shift year

12:26:42 shopping holiday campaign has started in the Tampa




12:26:45 independent business association is having an event on

12:26:48 Saturday, November 19th.

12:26:52 And they have asked that we bring our attention to shift

12:26:58 your shopping to shopping at independent local businesses.

12:27:01 And there's an Indy hop downtown block party on Friday,

12:27:06 November 18th, beginning at 5:00 p.m. at the Spain

12:27:10 restaurant and continuing until 7:30.

12:27:11 So, that's to celebrate our local independent businesses.

12:27:16 >>CHARLIE MIRANDA: Okay.

12:27:16 Thank you very much.

12:27:17 I have one thing and have a request from Mr. Donnie Rhodes

12:27:22 to come before Council for changing of the ordinances

12:27:25 regarding sleeping camping and lodging.

12:27:28 Assembly, obstruction of streets and sidewalks.

12:27:33 And obstructing street, sidewalks, alleys, so forth and so

12:27:37 on.

12:27:37 So if we want to have that, we can.

12:27:39 I'm going to take it to a vote.

12:27:42 If you want this gentleman to appear before us, regarding

12:27:44 those items, make a motion.

12:27:47 This is regarding, I would imagine, the movement on occupy

12:27:55 Tampa or areas that within our jurisdiction.

12:27:59 Ms. Mulhern?

12:28:03 >>MARY MULHERN: I was just going to say, I got a copy of

12:28:07 that but haven't had a chance to read it.




12:28:09 But I would suggest Mr. Rode come and speak at public

12:28:12 comment at the beginning of one of our meetings.

12:28:15 >>CHARLIE MIRANDA: He's got three minutes.

12:28:16 Ms. Montelione?

12:28:20 >>LISA MONTELIONE: Well, I was just wondering, Mr. Rode

12:28:24 isn't here to make that request, so -- I was wondering how

12:28:31 appropriate it would be for us to entertain a request for

12:28:34 someone who -- he did submit it in writing, so I guess that,

12:28:40 that we would just give it on the merits of what he

12:28:44 requested in writing.

12:28:45 I don't have any objection to what Councilwoman Mulhern

12:28:49 suggested.

12:28:49 I was going to say pretty much the same thing.

12:28:54 I just think it's curious he isn't here.

12:28:56 >>CHARLIE MIRANDA: Let me say this.

12:28:57 It makes no difference which way you all want to go.

12:28:59 But when you do it for one, you got to do it for everybody.

12:29:02 So somebody going to sleep in the park or do whatever you

12:29:05 want to do in accordance with the opposite of these

12:29:09 ordinances, that everyone's entitled to sleep in the park,

12:29:12 everyone's entitled to do whatever they wish.

12:29:15 So it's up to you all, three minutes, eight minute, but if

12:29:18 they want to come up three minutes a person, they're

12:29:21 certainly entitled to that.

12:29:22 We do that all the time.




12:29:25 >> I agree, Mr. Chairman.

12:29:26 Here's the thing.

12:29:28 The only hard and fast rule I would ever have on something

12:29:31 like this, we don't know if Mr. Rhodes is an expert on

12:29:34 ordinances, on land use, on anything.

12:29:38 He is an attorney from what he has told us publicly.

12:29:40 We don't know who he is.

12:29:41 I think that the practice of just letting someone talk and

12:29:45 be on the agenda so that they can present something to us

12:29:49 seems a little bit, at this moment, not necessary.

12:29:54 I agree with Councilwoman Mulhern and Montelione, that he

12:29:58 has his right to come here for public comments.

12:30:02 >>CHARLIE MIRANDA: He certainly has that right, as does

12:30:04 everyone else.

12:30:06 Unless I hear a specific motion, I'm going to answer the

12:30:10 letter at that point.

12:30:11 Okay, I have no direction.

12:30:13 So I'll answer the letter.

12:30:14 He can come or many of his friends can come and speak for

12:30:18 three minutes each and we'll sort surely get the message

12:30:22 that way.

12:30:22 It will be more than likely more than eight minute.

12:30:24 Okay, anything else to come before this body?

12:30:26 Ms. Montelione?

12:30:28 >> Move to receive files.




12:30:30 >> Second.

12:30:31 But I do have an additional piece of new business.

12:30:36 >>I have motion to receive and file.

12:30:37 Second by Mrs. Montelione on all the items.

12:30:42 All in favor of the motion, please indicate by saying aye.

12:30:46 >> One last thing, I wanted to propose --

12:30:49 >>LISA MONTELIONE: That was my piece of new business to

12:30:50 remind Mr. Suarez that he had a motion to make.

12:30:53 >>MIKE SUAREZ: We are going to be dealing with the solid

12:30:56 waste department's bonding capacity and what is coming

12:31:02 forward over the next few months.

12:31:03 I'd like to have a workshop for about an hour on

12:31:10 December 8th.

12:31:11 After our regular CRA meeting.

12:31:13 >> Second.

12:31:14 >>MIKE SUAREZ: So that we can discuss it in more detail.

12:31:16 And give it out publicly.

12:31:18 We have all heard it privately, but I think a public

12:31:20 workshop would be in order right now.

12:31:23 >>CHARLIE MIRANDA: Let me vote on the motion to receive and

12:31:25 file first.

12:31:25 All in favor of the motion please indicate by saying aye.

12:31:27 The ayes have it unanimously.

12:31:29 Second motion is Mr. Suarez, seconded by Ms. Montelione.

12:31:33 December 8th after the work, after the CRA, to have a




12:31:36 special Council meeting.

12:31:38 >> No earlier than 10:00 a.m.

12:31:42 >>CHARLIE MIRANDA: No earlier than 10:00 a.m.

12:31:48 >> I really think, I think we do need to have that

12:31:51 discussion and workshop, but I really hesitate to put

12:31:55 anything -- a workshop on a CRA agenda meeting.

12:32:01 We're just really jamming up the calendar.

12:32:04 I don't think this is of an urgent nature.

12:32:08 I think -- I'm not sure it is.

12:32:11 If it is, it is.

12:32:13 >> I do feel -- I hate to interrupt Councilwoman Mulhern.

12:32:17 >>MARY MULHERN: No, I'm asking you.

12:32:18 >> I do think it is.

12:32:19 Only because the time frame and the process that's being set

12:32:23 in motion in terms of what we're going to have to approve is

12:32:27 quickly coming down the pike.

12:32:29 Meaning that there's not going to be very many meetings in

12:32:32 December.

12:32:33 And then in January, we're going to have to actually start

12:32:36 making votes on these changes for our bonding capacity.

12:32:42 So I really do think it's a very important part of this.

12:32:46 >>MARY MULHERN: What about having the -- when is our next

12:32:51 workshop meeting?

12:32:52 In January?

12:32:54 >> It's not until February I don't think.




12:32:56 >> Yeah, we have a workshop session on the 26th of January,

12:33:00 which actually, if I recall correctly, is after the point in

12:33:04 which we need to actually start talking about some of these

12:33:07 issues.

12:33:08 There are things that have to be done by state statute, by

12:33:16 January.

12:33:17 In order for us to move forward.

12:33:18 So I think that the informational needs to begin -- getting

12:33:24 out to the public.

12:33:25 And this is one way of doing it.

12:33:27 >>MARY MULHERN: I'll ask one more thing.

12:33:29 And then that's it.

12:33:30 What about having a staff report on this so we would have a

12:33:34 timetable that is presenting to the public?

12:33:37 Because I did have workshop with public works about this.

12:33:39 And I wasn't clear on what the timetable is.

12:33:43 And I wasn't -- I came away from that meeting without

12:33:47 anything in writing with the timetable on it.

12:33:50 So maybe we could have a staff report at our next meeting.

12:33:53 And then set a workshop.

12:33:54 I just -- I'm not wanting to add more things, more meetings,

12:34:00 more agenda items to meetings where they're not appropriate.

12:34:06 >> With all due respect.

12:34:08 On December 1st, you will be having the public hearing on

12:34:11 this issue, on whether to move forward and giving the city




12:34:15 the option of using one or two methods.

12:34:17 Right now the method for solid waste is that, solid waste --

12:34:23 >>MARY MULHERN: So we are already having --

12:34:26 >> You're having a public hearing.

12:34:27 Had you to advertise four times before December 31st, and

12:34:30 have a hearing before that to at least put it on the agenda

12:34:33 to give the city the authority if they wanted to go and you

12:34:36 agree with that, to go forward with using the special

12:34:38 assessment method rather than the collection monthly method

12:34:42 which we're using right now.

12:34:43 So -- but that's just a regular simple public hearing on it.

12:34:48 It's not a workshop.

12:34:49 >>MARY MULHERN: That's even better.

12:34:51 >>CHARLIE MIRANDA: All right, what's the maker of the motion

12:34:53 originally was Mr. Suarez.

12:35:00 >>FRANK REDDICK: It seems lately that we keep finding a way

12:35:06 to utilize our CRA meetings to add additional items to the

12:35:10 agenda.

12:35:11 And just you take the last CRA meeting, we was running a

12:35:18 little long because of the issue, then trying to push that

12:35:23 agenda, the items on the agenda in rapidly pace in order to

12:35:26 accommodate, because we had another workshop.

12:35:28 I mean, it would seem like we're using the CRA time slot to

12:35:34 force other items.

12:35:35 And I don't think it's fair as the chair of the CRA, to keep




12:35:39 adding these different items.

12:35:41 Now, if we want to have a special workshop, let's come here

12:35:45 on a Tuesday, Wednesday, and schedule the workshops.

12:35:51 And meet and do it.

12:35:52 But instead of continuing to add, and take advantage of CRA,

12:35:56 I don't think it's fair.

12:35:58 I don't think it's fair to those people who come here in

12:36:00 order to CRA to the applicant.

12:36:04 >>CHARLIE MIRANDA: I'm going to go back to Mr. Suarez's

12:36:06 motion was what date?

12:36:08 >> December 8th.

12:36:09 >>CHARLIE MIRANDA: Is that a Council meeting or CRA?

12:36:11 >> CRA meeting.

12:36:12 >> We have an evening session on that same day.

12:36:18 If I may?

12:36:20 >>CHARLIE MIRANDA: Yes, ma'am, Ms. Montelione.

12:36:21 >> When we look at the amount of time that we spend here,

12:36:26 Thursday's are days that are Council days.

12:36:30 My aide doesn't schedule any appointments for Thursdays.

12:36:35 We, you know, should expect to be here and serve on

12:36:38 Thursdays, no matter how much time it takes.

12:36:42 Because that's what we're here to do.

12:36:44 Thursdays is Council day, whether it's CRA, workshop,

12:36:47 regular meeting, land use, Thursday is the day that we are

12:36:51 in this building.




12:36:53 And I don't -- I understand Mr. Reddick, but it's not a

12:36:58 quote-unquote CRA day.

12:37:00 And it's not adding to the CRA agenda.

12:37:02 Because the CRA is a meeting unto itself.

12:37:07 It has a beginning, it has an end.

12:37:09 And then we stop.

12:37:10 We break, and then we reconvene as Council at 6:00 p.m., for

12:37:14 an evening session.

12:37:15 So it's not a CRA day.

12:37:17 We meet both as the CRA and we meet as the City Council on

12:37:21 the same day.

12:37:22 So, characterizing it as one or the other, you know, I

12:37:26 don't -- it's just -- we're here.

12:37:29 >>CHARLIE MIRANDA: How many land zonings do we have?

12:37:33 >> On the 8th, we have three.

12:37:35 Three rezonings and one continued.

12:37:40 >>CHARLIE MIRANDA: Why don't we start at 5:00?

12:37:42 If we want to be here longer, I'm willing to do that.

12:37:45 >> I have no objection to changing the time to a later time

12:37:48 in the afternoon, 5:00 would be amenable to me.

12:37:52 >>CHARLIE MIRANDA: I have a motion corrected, I hope it's

12:37:54 corrected by Mr. Suarez that we start that December the

12:37:57 8th at 5:00 p.m.

12:37:59 >> I will re-second that motion.

12:38:03 >>CHARLIE MIRANDA: All in favor of that motion, please




12:38:07 indicate by saying aye.

12:38:07 Opposed nay.

12:38:08 The ayes have it unanimously.

12:38:09 Any other business?



DISCLAIMER:

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