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TAMPA CITY COUNCIL

Thursday, January 24, 2013

9:00 a.m. session



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08:35:37

09:06:52 >>CHARLIE MIRANDA: City Council is called to order.

09:06:53 The chair yield to Yolie Capin.

09:06:58 >>YVONNE CAPIN: This morning we have Julie Jenkins here with

09:07:00 us to do our invocation.

09:07:04 Julia is a graduate of Saint Leo University.

09:07:07 She was legislative aide to Congressman Buddy McCabe,

09:07:11 neighborhood association leader, officer Hyde Park Courier

09:07:14 City, Belmont shores neighborhood association.

09:07:17 She was a PTA officer, currently VP of marketing for book

09:07:23 marketing, director of development for St. Peter Claver

09:07:27 school, a 119-year-old historic school located in the heart

09:07:31 of Tampa.

09:07:33 Please welcome Julie and remain standing for the pledge of


09:07:36 allegiance.

09:07:37 >> Welcome.

09:07:57 Come to understand that blessings are everywhere, that my

09:07:59 attitude will affect outcome, that challenges are often

09:08:03 gifts in disguise.

09:08:05 May I come to trust that most things can get better with

09:08:08 time, that my instincts and guts feelings have value, that a

09:08:14 positive attitude makes things go smoother.

09:08:18 May I come to see that I have many skills and talents that I

09:08:25 can use, that I am a positive influence on many people, that

09:08:28 there are those around me who wish me well.

09:08:30 May I come to value, that today is a blessing to be enjoyed,

09:08:34 that each person is unique and important, that each moment

09:08:38 of my life has meaning.

09:08:41 God bless our city, our leaders, your staff, and thank you

09:08:45 for all you do.

09:08:46 Amen.

09:08:47 [ Pledge of Allegiance ]

09:08:51 >>CHARLIE MIRANDA: Roll call.

09:09:10 >>MIKE SUAREZ: Here.

09:09:12 >>YVONNE CAPIN: Present.

09:09:13 >>FRANK REDDICK: Here.

09:09:15 >>HARRY COHEN: Here.

09:09:16 >>LISA MONTELIONE: Here.

09:09:18 >>CHARLIE MIRANDA: Here.




09:09:23 Need a motion to do the minutes of November 1st and

09:09:27 October 4th.

09:09:28 I have a motion by Mr. Suarez, second by Mr. Reddick.

09:09:31 All in favor of the motion? Opposed?

09:09:33 The ayes have it unanimously.

09:09:36 Okay, the first item on the agenda is the presentation by

09:09:38 Mr. Philip HALE.

09:09:44 >> Good morning.

09:09:46 I'm Philip Hale, CEO of HART, and I have with me today our

09:09:53 COO Katharine Eagan, as well as our CFO, Jeff Seward.

09:09:59 I would like to give you a quick update on where Hart is

09:10:01 going, what it has accomplished recently and what we are

09:10:04 looking forward to over the next year.

09:10:07 If you have any questions I will be free to answer those.

09:10:15 Ms. Stewart handles our capital projects, and bring that to

09:10:22 you today as well.

09:10:23 >> Good morning.

09:10:25 Thank you again for giving us your time this morning.

09:10:27 We now very busy.

09:10:28 We just want to brag a little about all the great stuff we

09:10:31 are doing here in Tampa.

09:10:33 I guess to talk about ridership which is on the presentation

09:10:35 which I believe is in front of you.

09:10:37 Some highlights, we have been having record ridership growth

09:10:40 the past two years in a row, doubled the growth from




09:10:43 previous years, up from our 2006 ridership level but our

09:10:49 ad valorem is at the same level, so you hear doing more with

09:10:53 less.

09:10:53 This is a big example of doing better with a lot less than

09:10:57 what we might have had previously.

09:10:59 Again, our budget has been trimmed down in the past two

09:11:02 years, we have made a lot of decisions with our

09:11:04 administrative staff, downsizing when we have had openings.

09:11:07 We have also made a lot of decisions with our health care

09:11:11 service to constrain those costs and keep as much service on

09:11:15 the street as possible.

09:11:29 Ridership growth.

09:11:30 Again, very proud.

09:11:31 And budget constraints.

09:11:33 A lot of work with our administrative side because we are,

09:11:36 of course, a transit agency.

09:11:38 We deliver service on the streets.

09:11:40 That's where we need to keep our resources focused.

09:11:43 Bragging again a little bit.

09:11:44 We have three routes that carry over a million people a

09:11:47 year.

09:11:47 Our route on Nebraska will carry over 4,000 people a day,

09:11:52 very, very strong ridership.

09:11:54 Many of our routes had over 10% growth individually.

09:11:58 Just the folks that moved around town.




09:12:00 And as an agency in '08 and '09 we made significant

09:12:05 improvements in our late night and weekend service, and why

09:12:07 is this important for riderships?

09:12:09 Some of them riding 35 times now will start riding 45 times

09:12:13 a week if they have the opportunity.

09:12:14 When a late night service is open someone can make it home

09:12:17 from a late job or late class.

09:12:19 Someone can also go to that job from 10 p.m. to 6 a.m. and

09:12:22 be there at the hospital or at different locations when we

09:12:26 want them.

09:12:27 Big deal for us on Sunday services that makes life possible.

09:12:30 You can go to the movies.

09:12:31 You can go to your jobs.

09:12:32 You can go across town, do whatever you want, and we have

09:12:37 seen this growth as we deliver more service, more benefits

09:12:42 to our community.

09:12:43 Here I will turn it over to Mr. Seward for an overview on

09:12:46 our capital project.

09:12:48 >> Good morning.

09:12:49 Hart has for fiscal year '13 a $40 million capital

09:12:54 improvement program.

09:12:58 What I would like to talk to you about this morning

09:13:00 specifically is the component of that capital program that

09:13:03 are Tampa centric.

09:13:04 The largest component for fiscal year '13 is our metro rapid




09:13:11 north south which is our DRT that we discussed over the last

09:13:17 year.

09:13:18 This will serve our highest ridership routes down Nebraska.

09:13:21 We are looking at 59 different stations along that route,

09:13:25 that will connect the highest areas of ridership within the

09:13:27 Tampa area from a brand new park and ride in the Hidden

09:13:32 River area on Fletcher all the way to the USF to downtown

09:13:35 Tampa.

09:13:36 Currently, the project status, we have 40 of those 59

09:13:41 stations under construction, and we are looking at opening

09:13:45 the system for operation in the May-June time frame.

09:13:49 To talk a little about exactly what that operation will look

09:13:51 like compared to how our other service routes are, Kathryn

09:13:57 will chime in.

09:13:57 >> What we'll be seeing is every 15 minute service from the

09:14:01 University of South Florida area, down Fletcher to Nebraska,

09:14:04 into downtown.

09:14:05 Every 15 minutes.

09:14:06 A nice new brand, green, stopping probably every three

09:14:14 quarters of a mile to a mile.

09:14:16 So this is kind of a comparison to the local streets.

09:14:20 We are going to hit our big high volume stations.

09:14:23 We are still going to be hitting 80% of the activity on

09:14:26 Fletcher and Nebraska so most of our passengers will really

09:14:28 be able to jump on and take advantage of this.




09:14:31 We'll introduce new half hourly service from USF to Fletcher

09:14:35 and 75, and get those from the park 'n ride over to USF and

09:14:43 downtown very quickly.

09:14:45 >> And to accommodate the expediency of this route we are

09:14:48 following a pilot program, TSP, which is transit signal

09:14:54 priority, which will allow to move through the intersections

09:14:58 at a more rapid pace, safe pace, more rapid.

09:15:03 Park and ride again is ahead of the metro rapid north-south.

09:15:09 That is just off of Fletcher in the Hidden River area.

09:15:12 We are awarding a contract in the next two weeks.

09:15:15 And that will allow riders in that area to be able to park

09:15:21 safely, and in a secure area.

09:15:24 It will be ADA compliant and available for the metro rapid.

09:15:29 We'll jump over to our basic transit infrastructure project.

09:15:36 For the City of Tampa, we have put out over 9,600 feet of

09:15:41 sidewalk in the area over the last year.

09:15:45 This program eventually is replacing a lot of the current

09:15:49 bus stops and infrastructure that you see throughout our

09:15:52 entire service area, but this information here is specific

09:15:55 to the City of Tampa.

09:15:57 We improve our ADA with 158 stops in 2011 and 12.

09:16:03 We have an agreement with you, the City of Tampa, on the

09:16:06 installing of new sidewalks along these routes for easier

09:16:10 accessibility for our patrons.

09:16:13 And also within the City of Tampa, transfer center, has been




09:16:18 revitalized to a more modern facility, improved site

09:16:24 lighting and security, and a very nice facility for our

09:16:27 employees.

09:16:28 That and patrons.

09:16:31 That was open in 2012.

09:16:33 Then our largest project coming up in the next year after

09:16:36 metro rapid is Hart conversion to compressed natural gas

09:16:42 vehicles.

09:16:43 And to initiate that conversion, we are embarking on a $5

09:16:47 million project to develop a fueling station, with our

09:16:55 federal clean fuels initiative is providing the funding a

09:16:57 local with local ad valorem for this project.

09:17:00 But we will be able to have vehicles on the road that

09:17:03 produce lower emission, and lower maintenance costs,

09:17:08 decreasing overall costs over time.

09:17:12 And then of course another large project in this area,

09:17:16 transit center expansion will begin over the next couple of

09:17:18 months.

09:17:18 This will serve the south end of the metro rapid

09:17:21 north/south, provide additional bus capacity, ADA upgrades,

09:17:27 covered walkways for our patrons from the parking areas, and

09:17:30 then have a staging area for taxis and other regional buses

09:17:34 that will or may end up using the facility in the future.

09:17:41 >>CHARLIE MIRANDA: Any questions by council members?

09:17:42 We certainly appreciate the fine presentation of all of you.




09:17:45 Mr. Reddick and Ms. Montelione.

09:17:47 >>FRANK REDDICK: Thank you, Mr. Chair.

09:17:50 Mr. Hale, I just want to publicly thank you and your board

09:17:53 for including Rosa parks on the metro rapid transit bus.

09:18:00 I was at a dedication ceremony, and as we get ready to

09:18:05 celebrate, I think everyone should be proud to see the buses

09:18:19 travel throughout the city.

09:18:20 I want to publicly thank you and the board for taking that

09:18:23 position.

09:18:23 >> Thank you.

09:18:27 Just for clarity, it going to be all of our buses, not just

09:18:30 the rapid transit buses.

09:18:31 >>LISA MONTELIONE: I'm really, really happy to see the

09:18:36 improvements with the sidewalks and the ADA accessibility.

09:18:41 As the chair of the livable roadways committee on the MPO,

09:18:46 that's a subject we talk about a lot, especially when we

09:18:49 have a member who is disabled on our board, and if you drive

09:18:56 around town, you can see sometimes the constraints, so I

09:19:01 know it's very difficult to put sidewalks at every stop,

09:19:05 because those right-of-way issues and personal property

09:19:08 lines.

09:19:10 But I'm glad to see that every effort is being made.

09:19:15 What I am going to ask is if we can have the staff person at

09:19:22 the livable roadways committee to come talk to us about the

09:19:25 improvement that are being made for accessibility to bus




09:19:30 stops, and maybe if we can get an overlay of where the

09:19:34 projects are that are planned, because as I talk to our

09:19:37 staff about sidewalk construction in some of our

09:19:41 neighborhoods, I would like to see where they March rhythm

09:19:46 one of the things they talk about is critical mass.

09:19:48 So if we can match up our projects to yours.

09:19:51 And that may already be being done, but I would like to

09:19:54 maybe take a look and be sure that our projects compliment

09:19:59 yours and yours compliments ours, and maybe get more bang

09:20:03 for the buck.

09:20:03 >> We'll certainly do that.

09:20:06 We do coordinate closely with the MPO and the city and

09:20:09 everybody else.

09:20:11 We work very closely together.

09:20:12 But we'll certainly do that.

09:20:17 >>CHARLIE MIRANDA: Mr. Suarez.

09:20:17 >>MIKE SUAREZ: I just wanted to congratulate Phil and his

09:20:22 team as a member of the Hart board, these guys are very

09:20:24 hardworking, have really got their financial house in order.

09:20:29 They serve so many people and with so little funds, it's

09:20:33 amazing that we still get people in and out of the buses as

09:20:37 safely and as efficiently as we do.

09:20:40 One of the things that this north-south metro rapid is going

09:20:45 to do is hopefully allow more people to come into downtown

09:20:49 Tampa from the north terminus in a quicker manner.




09:20:56 This bus system, even though it's controlled as a county, is

09:20:59 really truly an urban system, and Weaver to always be

09:21:02 mindful of that.

09:21:03 But I wanted to congratulate them for their leadership and

09:21:05 the things that they do to make sure that this system keeps

09:21:09 running as efficiently and effectively as it does.

09:21:12 Thank you, guys.

09:21:13 >>CHARLIE MIRANDA: Anyone who has not spoken would care to

09:21:15 have the floor?

09:21:16 Thank you all very much.

09:21:17 On behalf of the City of Tampa, we are real proud of what

09:21:21 you are doing.

09:21:21 Continue the good work.

09:21:23 Okay.

09:21:23 We go for the approval of the agenda and the addendum.

09:21:29 The addendum has a lot of changes on it as far as

09:21:32 continuation.

09:21:33 Item 52 to February 7th.

09:21:37 Item 54 to February 7th.

09:21:44 Item 56, February 7th.

09:21:46 Items 57 to February 7.

09:21:48 And item 64 to February 21st.

09:21:55 I think the rest are in order.

09:21:56 I believe that's correct.

09:21:57 But we'll make adjustments.




09:21:59 >> Move to approve the addendum.

09:22:05 >>HARRY COHEN: Second.

09:22:07 >>CHARLIE MIRANDA: And items being pulled for discussion

09:22:10 items.

09:22:10 I have a motion by Mr. Suarez to approve the agenda and

09:22:13 addendum, second by Mr. Cohen.

09:22:15 All in favor of the motion please indicate by saying aye.

09:22:17 Opposed nay.

09:22:19 The ayes have it unanimously.

09:22:20 Thank you all very much.

09:22:22 The public portion of the agenda now.

09:22:23 All those individuals who care to speak on any item, that's

09:22:26 on the agenda first, and then those who can speak after, for

09:22:32 a period of 30 minutes.

09:22:33 >> Good morning.

09:22:44 I'm Reverend Bernice Powell Jackson, co-president of Hope,

09:22:49 Hillsborough Organization for Progress and Equality, and

09:22:52 pastor of First United Church in Tampa.

09:22:54 I'm here to speak to item number 53.

09:22:57 On behalf of the 5,000 members of the 17-member

09:23:00 congregations of Hope, we thank the Tampa City Council for

09:23:04 passing the criminal history screening practices ordinance

09:23:07 two weeks ago.

09:23:08 This means that Tampa is part of the growing list of cities

09:23:13 passing such ordinances to stop discrimination against




09:23:16 people with past criminal records so that they can enjoy the

09:23:19 basic human rights to employment.

09:23:23 Today we want to support expanding this ordinance in two

09:23:26 ways.

09:23:26 First, we agree that including credit checks will strengthen

09:23:30 it and help more citizens.

09:23:31 Those who have been unemployed long-term will more likely

09:23:35 have credit problems.

09:23:37 But just as importantly, we urge you to include businesses

09:23:41 that have contracts with the city.

09:23:43 This will maximize the number of job opportunities for our

09:23:47 residents by helping end the discrimination that people with

09:23:51 criminal records face.

09:23:53 One objection to this that we have heard expressed here is

09:23:56 that inclusion of businesses with contracts would be an

09:24:00 undue burden for the city.

09:24:02 Yet there are at least eleven other cities that already

09:24:04 implement such ordinances without undue burden.

09:24:09 For instance, Massachusetts has a similar ordinance they

09:24:14 passed in June 2009.

09:24:16 The city requires vendors to sign off on a form detailing

09:24:19 the criminal records policy stating that they follow the

09:24:22 same policy.

09:24:22 They must also submit a copy of their standard job

09:24:27 application showing that it did not include any criminal




09:24:29 history questions.

09:24:32 The report is based on complaints by applicants by means

09:24:35 that the burden on the city is minimal.

09:24:37 Relatively little staff time goes into enforcement.

09:24:41 On the front end it's just checking in the documents and

09:24:47 including a compliance job application form.

09:24:49 Businesses that contract with the city know that there is an

09:24:52 additional requirement for paperwork which is minimal.

09:24:55 On the back end, there have not been many, if any,

09:25:02 complaints.

09:25:02 Any complaints are investigated by the city's human rights

09:25:07 department and then on to the city manager for further

09:25:10 investigation.

09:25:12 There have been no legal challenges or lawsuits.

09:25:16 At least 11 cities have passed their hiring ordinances that

09:25:20 cover businesses that contract with their cities including

09:25:23 the two cities that cover all private businesses, Newark and

09:25:28 Philadelphia.

09:25:29 They require every business in the city to comply, not just

09:25:33 those who contract with the city.

09:25:36 Please learn from the best practices of these cities so that

09:25:39 you can open the door for thousands of people with criminal

09:25:42 records to get jobs, support their families, and contribute

09:25:45 to our local economy.

09:25:47 It's good public policy.




09:25:49 Thank you.

09:25:50 >>CHARLIE MIRANDA: Thank you.

09:25:50 Next.

09:25:58 >> Good morning.

09:25:59 These remarks refer to the agenda, item number 53.

09:26:04 My name is Bill Tone.

09:26:06 I am on the executive board of Hope.

09:26:10 I have met with all of you before.

09:26:11 Thanks and blessings to the members of the council for your

09:26:15 overwhelming support of this ordinance.

09:26:19 Today, we are considering amending the ordinance to include

09:26:22 credit checks and companies who have contracts with the

09:26:27 city.

09:26:29 During our research, Hope learned from Gregory Hart's

09:26:36 department that 96% of Tampa's contracts are for less than

09:26:40 $500,000.

09:26:45 And that 94% of these are under $25,000.

09:26:53 We also learned that 66% of the people who participate in

09:26:58 these contracts each year reside in Hillsborough County.

09:27:05 Limiting the ordinance to only City of Tampa hiring creates

09:27:09 relatively few new jobs each year and impacts very few of

09:27:16 your constituents.

09:27:18 When you include companies with city contract, you will

09:27:23 greatly expand new job opportunities available and have a

09:27:27 much greater impact.




09:27:31 By amending the ordinance to cover city contracts greater

09:27:34 than $25,000, you will only affect 10% of the city

09:27:41 contracts, and you will maximize the impact the ordinance

09:27:46 has on the residents of Tampa.

09:27:50 The limited number of contracts, only 10%, will not be an

09:27:55 undue burden on the city administration.

09:28:00 Further, the cost savings to taxpayers through reduced

09:28:04 recidivism and lower crime rate will more than offset any

09:28:08 burden of administrating the ordinance.

09:28:14 You have the opportunity before you to positively affect the

09:28:19 lives of thousands of families in Tampa.

09:28:22 And potentially save the taxpayers millions of dollars.

09:28:27 Finally, when all is said and done and all the discussion is

09:28:32 over, it comes down to this -- amending the fair hiring

09:28:38 ordinance to cover contracts with the city is the right

09:28:41 thing to do.

09:28:43 Thank you very much.

09:28:46 >>CHARLIE MIRANDA: Thank you very much.

09:28:47 Next, please.

09:28:51 >> Good morning.

09:28:53 Tom Atchison, New Life Church and New Beginnings of Tampa on

09:28:59 53.

09:29:00 First I want to thank the council for making such great

09:29:03 steps so far, but we want to go another step, and it's not

09:29:10 going to solve all of our problems but it's like the cliché,




09:29:13 how do you eat an elephant?

09:29:15 One bite at a time.

09:29:17 And that's what we are doing here.

09:29:18 We are digging into the situation with homeless.

09:29:21 We can't solve it all in one day.

09:29:23 We are never going to get it completely solved but we can

09:29:25 sure put a bite into it.

09:29:27 And being able to add those that have city contracts into

09:29:32 this box will certainly again show that Tampa is making

09:29:39 steps towards helping those that are less fortunate, having

09:29:46 criminal background and being able with this situation, and

09:29:49 we appreciate you making the next step, making this

09:29:52 ordinance just a little stronger so it can help those that

09:29:56 need jobs, and need to have at least somewhat of a level

09:30:00 playing field out there for these jobs to compete, where

09:30:03 they can look in the eyes of an employer and be able to let

09:30:07 them know what their situation was with their background,

09:30:11 that at least gives them a shot at being able to get some of

09:30:14 these jobs.

09:30:15 Thank you.

09:30:16 >>CHARLIE MIRANDA: Thank you very much.

09:30:16 Next, please.

09:30:17 >> My name is Michael Grey, 1402 East Chilcouth.

09:30:30 I spoke previously and do appreciate the ruling.

09:30:32 The only thing I would like to cover, I think that drugs can




09:30:41 affect anybody as well as criminal activity can come -- I

09:30:47 guess the best way to put it, you could put any level of

09:30:50 society in education or your background and still make poor

09:30:53 mistakes in judgment.

09:30:56 And while your ruling is going to affect many people giving

09:31:00 them jobs, there are many people out there that have

09:31:03 different sets of skills, education levels that could be

09:31:07 utilized, I believe, and in the process of becoming better

09:31:12 citizens, healing their lives and everything, and by this

09:31:15 expansion, I think it would open the doors for people to

09:31:18 utilize skills that perhaps would not be affected as much

09:31:23 with the previous decision, for lack of better words.

09:31:26 And so I would like you guys to seriously consider that.

09:31:32 I do appreciate you allowing me to speak.

09:31:34 And I guess that's all I have.

09:31:35 Thank you for your time.

09:31:37 >>CHARLIE MIRANDA: Thank you very much.

09:31:38 Next, please.

09:31:39 >> Good morning, members of Tampa City Council.

09:31:45 Roberta Kittrell, one of the pastors of new life Pentecostal

09:31:55 life and a member of the committee of Hope, Hillsborough

09:32:00 organization for progress and equality.

09:32:03 On January 10th, 2013, you as a whole took a courageous

09:32:09 big step.

09:32:11 I was with the families at Tampa General, but I prayed for




09:32:15 you all day.

09:32:19 Adopting the fair hiring practices ordinance making the

09:32:23 ground level for all applicants seeking City of Tampa

09:32:27 government employment spread across the nation.

09:32:31 Now that check does not occur during the interview in which

09:32:40 the applicant can explain and have with him or her

09:32:44 references, letters of compensation, et cetera.

09:32:52 This makes Les miserable a very powerful movie.

09:32:58 He had been arrested and in prison for five years of hard

09:33:01 labor because he had been caught stealing a loaf of bread

09:33:05 for his sister's children.

09:33:08 Then he served about 16 years more for trying to break out.

09:33:14 This was 1815.

09:33:20 Or was it?

09:33:21 I heard the cry for the downtrodden and it became the cry

09:33:29 for thousands and downtrodden ex-offenders who, after they

09:33:34 had served their time and completed their debt owed to

09:33:39 society, have been doomed to never be given the opportunity

09:33:45 to obtain credible employment whereby they show the skills

09:33:51 they learned while they were in rehabilitation and provide

09:33:59 for the families.

09:34:04 Then I remembered that today, January 24, 2013, was just

09:34:10 three days away.

09:34:13 I pray that the members of Tampa City Council would likely

09:34:17 join several large cities across the country and




09:34:23 compassionately amend the fair hiring practices ordinance to

09:34:26 improve contractors doing business with the city.

09:34:30 This being done, thousands of jobs will become available for

09:34:34 which ex-offenders will be considered, then the cries cease

09:34:44 and the voices turned into one joy praising God for Tampa

09:34:48 City Council bringing this back.

09:34:57 This will spread worldwide like wildfire.

09:35:00 >>CHARLIE MIRANDA: Thank you very much ma'am.

09:35:01 >> Taking the first step of a thousand steps.

09:35:05 Thank you.

09:35:05 >>CHARLIE MIRANDA: Thank you very much.

09:35:05 Next, please.

09:35:07 >>> Good morning.

09:35:14 Jeff Sirmons with Hope.

09:35:16 Item 53.

09:35:17 Grace. It's a concept. It's a lifestyle even.

09:35:21 It's something that always lives and sometimes slowly over

09:35:25 generations and sometimes instantly.

09:35:27 Hammurabi said, an eye for an eye, a tooth for a tooth.

09:35:32 That was a grace-driven improvement in its time because

09:35:36 sometimes lawlessness resulted in death for even petty

09:35:40 offenses.

09:35:41 Over history, our laws have swapped punishment for grace,

09:35:44 and we have seen marked improvement in societies that choose

09:35:46 to do so.




09:35:47 Today our criminal justice system often sends first-time

09:35:50 offenders to pretrial divergent programs designed to

09:35:54 rehabilitate offenders rather than punish them.

09:35:57 These programs, while not always successful, have worked for

09:36:01 many. And if it works for even one, this taxpayer at least

09:36:07 says they are working.

09:36:08 This council is right, should be applauded for taking the

09:36:12 first step for grace and love but delaying background checks

09:36:14 and credit checks, the city realizes in order to best

09:36:17 protect and advocate for its citizens, it must show grace or

09:36:20 at least increase the opportunity for grace.

09:36:23 But we can do more.

09:36:25 We can increase the opportunity for employers to extend

09:36:28 grace.

09:36:29 And that is what we need to do today.

09:36:32 You're wrong if you don't believe in the power of grace and

09:36:35 you are wrong if you think the criminal history defines you

09:36:38 or that your only chance was before choosing to commit a

09:36:41 crime.

09:36:42 It will never be erased but it can be forgiven by God and

09:36:45 therefore forgiven by society.

09:36:47 The more we emphasize that, the more stable, secure and

09:36:51 loving our society becomes.

09:36:52 It's not just about jobs. It's about grace.

09:36:57 You heard Bobby talk about Les Mis.




09:37:02 I recall that one man, a priest, showed this ex-con some

09:37:06 love and treated him like a human.

09:37:08 This convict returned the favor by stealing silver from the

09:37:12 priest.

09:37:13 But the priests didn't condemn him even them.

09:37:16 He gave the man the rest of the silver and saved his soul.

09:37:21 The ex-con went on to save the life of a poor girl, her

09:37:24 lover, and another man from certain death underneath a

09:37:27 wagon, all with an unforgiving law chasing him, a law that

09:37:31 judged him on his decision to steal a loaf of bread alone, a

09:37:34 law that cared not for concept.

09:37:38 It's no coincidence it was a church that saved 24601 and

09:37:43 it's no coincidence that Hope is advocating for this change

09:37:45 as well.

09:37:46 All religions represented and Hope recognizes the power of

09:37:50 redemption and second chances extended by grace and love.

09:37:52 Hope knows the power of grace, and by passing fair hiring,

09:37:56 so does this great city.

09:37:57 Now let us extend it to credit checks and background checks

09:38:00 to contractors as well.

09:38:01 The man's name was not 24601.

09:38:06 It was Jean Valjean.

09:38:10 >> Thank you very much.

09:38:10 Anyone else care to speak to any item on the agenda?

09:38:13 Any item on the agenda who has not spoken?




09:38:15 Okay.

09:38:17 Anyone in the audience care to have reconsideration of any

09:38:21 legislative matter at a past council meeting?

09:38:24 I see no one.

09:38:25 We go to ordinances for first reading which is item number

09:38:28 2, an ordinance that's got a scrivener's error.

09:38:32 Mr. Suarez, would you kindly read the ordinance, please?

09:38:35 >>MIKE SUAREZ: I present an ordinance for first reading

09:38:38 consideration, an ordinance of the City of Tampa, Florida,

09:38:42 amending ordinance number 2012-150 passed and ordained by

09:38:46 the City Council of the City of Tampa on December 20, 2012

09:38:50 by correcting a scrivener's error in the body of the

09:38:53 ordinance and in the text amending section 22-135, transit

09:38:59 shelter advertising, providing for repeal of all ordinances

09:39:02 in conflict, providing for severability, providing an

09:39:05 effective date.

09:39:05 >>HARRY COHEN: Second.

09:39:07 >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by Mr.

09:39:09 Cohen.

09:39:10 All in favor of the motion please indicate by saying aye.

09:39:12 Opposed nay.

09:39:13 The ayes have it unanimously.

09:39:14 >>THE CLERK: The second reading of the ordinance will be

09:39:18 held February 7th at 9:30 a.m. and the motion passed

09:39:21 with Mulhern being absent.




09:39:24 >>CHARLIE MIRANDA: Thank you very much.

09:39:24 We go to Public Safety Committee chair, Mr. Frank Reddick.

09:39:28 >>FRANK REDDICK: Move items 3 through 8.

09:39:30 >> Second.

09:39:31 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick on items 3

09:39:34 through 8.

09:39:35 I have a second by Mr. Suarez.

09:39:38 All in favor of the motion please indicate by saying aye.

09:39:41 Opposed nay. The ayes have it unanimously.

09:39:49 We go to Parks, Recreation, Culture Committee chair, Mary

09:39:54 Mulhern.

09:39:55 >>MARY MULHERN: I move items 9 through 12 and 19 and 20.

09:39:58 >>MARY MULHERN: No, 9 through 12.

09:40:06 >>MARY MULHERN: Oh, I took someone else's.

09:40:09 Sorry.

09:40:13 >>CHARLIE MIRANDA: You are just trying to help me out.

09:40:15 I have a motion by Mrs. Mulhern.

09:40:17 I have a second by Mr. Suarez on 9 through 12.

09:40:20 With 13 being held for discussion.

09:40:21 All in favor of the motion please indicate by saying aye.

09:40:24 Opposed nay. The ayes have it unanimously.

09:40:28 We go to public works chair, Mr. Mike Suarez.

09:40:31 >>MIKE SUAREZ: I move items 14 through 20.

09:40:34 >> Second.

09:40:37 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez.




09:40:38 I have a second by Mr. Cohen.

09:40:39 All in favor of the motion? Opposed?

09:40:42 The ayes have it unanimously.

09:40:45 We go to Finance Committee chair, Mr. Harry Cohen.

09:40:48 >>HARRY COHEN: I move items 21, 22 and 23, and 25 through

09:40:54 28.

09:40:54 >> Second.

09:40:56 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen.

09:40:57 I have a second by Mrs. Mulhern.

09:40:59 All in favor of the motion indicate by saying aye.

09:41:01 Opposed nay. The ayes have it unanimously.

09:41:04 We go to building and zoning and preservation committee

09:41:08 chair, Lisa Montelione.

09:41:09 >>LISA MONTELIONE: I move items 29 through 42.

09:41:19 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione,

09:41:21 second by Mr. Cohen on 29 through 42.

09:41:23 All in favor of the motion please indicate by saying aye.

09:41:26 Opposed nay. The ayes have it unanimously.

09:41:30 Transportation committee chair, Yvonne Yolie Capin.

09:41:38 >>YVONNE CAPIN: Move 43 through 45.

09:41:41 >>CHARLIE MIRANDA: I have a second by Mr. Suarez.

09:41:43 All in favor of the motion indicate by saying aye.

09:41:45 Opposed nay. The ayes have it unanimously.

09:41:47 Need a motion to set public hearings, consent items 46 and

09:41:52 47.




09:41:52 >> I have a motion by Mrs. Montelione, second by Mr. Cohen.

09:41:56 All in favor of that motion? Opposed?

09:41:59 The ayes have it unanimously.

09:42:01 We go to 9:30 for public hearings, second readings on

09:42:05 proposed ordinances.

09:42:06 These are nonjudicial proceedings.

09:42:14 Need a motion to open 48.

09:42:16 >>FRANK REDDICK: So moved.

09:42:19 >> Second.

09:42:20 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione to

09:42:22 open number 48, seconded by Mr. Suarez.

09:42:24 All in favor of the motion? Opposed?

09:42:26 The ayes have it unanimously.

09:42:29 Anyone in the audience care to speak on item number 48?

09:42:33 48?

09:42:34 Please come forward.

09:42:38 I see no one.

09:42:39 Need a motion to close.

09:42:41 Motion to close by Mrs. Montelione, second by Mr. Suarez.

09:42:44 All in favor of the motion please indicate by saying aye.

09:42:47 Opposed nay.

09:42:48 The ayes have it unanimously.

09:42:50 Ms. Capin, would you kindly take item number 48?

09:42:55 >> Thank you, Mr. Chair.

09:42:59 An ordinance being presented for second reading and




09:43:01 adoption, an ordinance of the city of Tampa, Florida

09:43:03 revising and correcting cross reference section, in section

09:43:08 23.5-5 schedule of violations and penalties, providing for

09:43:13 repeal of all ordinances in conflict, providing for

09:43:17 severability, providing an effective date.

09:43:18 >>HARRY COHEN: Second.

09:43:21 >>CHARLIE MIRANDA: I have a motion by Mrs. Capin.

09:43:25 Second by Mr. Cohen.

09:43:26 Roll call vote.

09:43:28 Vote and record.

09:43:28 >>THE CLERK: Motion carried unanimously.

09:43:47 >>CHARLIE MIRANDA: Item 49.

09:43:48 Although it's being asked to continue, want to open it and

09:43:53 continue it.

09:43:54 I have a motion to open by Mr. Reddick, second -- I'm sorry,

09:43:59 Mr. Cohen.

09:43:59 All in favor to open please signify by saying aye.

09:44:02 Opposed nay.

09:44:03 The ayes have it unanimously.

09:44:04 Anyone in the audience care to speak on the continuance of

09:44:07 49, just the continuance to February 21st?

09:44:10 I see no one.

09:44:12 I need a motion to close.

09:44:19 To continue first.

09:44:20 Motion by Mr. Reddick to continue, second by Mr. Cohen.




09:44:22 All in favor of that motion?

09:44:25 February 21st at 9:30 a.m.

09:44:28 All in favor of that motion please signify by saying aye.

09:44:31 Opposed nay.

09:44:33 The ayes have it unanimously.

09:44:36 Okay.

09:44:36 We go now to -- now we caught up with the agenda.

09:44:45 We are actually ahead of time.

09:44:46 >>MARTIN SHELBY: Mr. Shimberg suggested you pull the

09:44:50 consent docket if you wish.

09:44:53 >>CHARLIE MIRANDA: The items for -- we can do that now.

09:44:57 352, 54 and so forth?

09:45:02 >>FRANK REDDICK: 13 and 24.

09:45:04 >>CHARLIE MIRANDA: We can discuss those.

09:45:06 13 and 24.

09:45:07 Mrs. Montelione, on 13 and 24.

09:45:09 >>LISA MONTELIONE: Yes, sir.

09:45:10 And I see Mr. Bayor is here.

09:45:12 Item 13 is Parks Department item that I requested

09:45:20 clarification on.

09:45:21 I do want to say that I did have the opportunity to speak to

09:45:23 Mr. Bayor late yesterday and also to Mr. Rogero in the

09:45:31 finance and budget division.

09:45:32 So many of the questions I had have been answered.

09:45:37 I did want to thank Mr. Bayor for providing additional




09:45:42 information, because in the item, the way it was written, it

09:45:47 just says that there were various other improvements that

09:45:52 were included, and I want to thank Mr. Rogero for clearing

09:45:57 up the dollar amount and I was assured by both of you that

09:46:00 in the future this information will accompany the item as

09:46:04 it's transmitted.

09:46:05 But on that list of additional projects, we have one project

09:46:13 that stood out to me because it is a brand new building, and

09:46:21 the item is $30.

09:46:23 I think everyone should have gotten an e-mail.

09:46:26 Mr. Bayor, that e-mail that was sent to me was sent to all

09:46:30 the council members?

09:46:34 >> Vice chair and alternates.

09:46:40 >> So some didn't get the attachments to the memos so maybe

09:46:49 in the future you want to send to the all council members.

09:46:51 But that project is the spring hills community center in

09:46:55 Sulphur Springs.

09:46:55 And we discussed it briefly yesterday, Mr. Bayor, that we

09:46:58 are now spending an additional $30,000 to repair the ACHC

09:47:05 system that is brand new.

09:47:07 >> Actually, had a conversation with David this morning and

09:47:11 he explained to me, I not additional work, it's just a

09:47:18 movement of money to pay for the existing work that was

09:47:22 supposed to be done.

09:47:22 The money is there as part of the contract.




09:47:26 It's just finalizing --

09:47:29 >> For the work that was supposed to be done or work that

09:47:32 was done as part of the contract?

09:47:33 Because when we moved the contract we moved the financial

09:47:37 item.

09:47:37 When I talked to Mr. Rogero, the financial item on our

09:47:41 agenda was to cover the contract amount of the Spring Hills

09:47:46 Community Center.

09:47:47 And then, if my council members remember, we had a very

09:47:50 large change order.

09:47:51 I think it was to the tune of maybe close to a quarter

09:47:55 million dollars for additional work under a change order for

09:47:58 a brand new building that we also approved as part of the

09:48:04 financial movement of money that financing revenue has to

09:48:10 cover our capital projects.

09:48:11 So when I start with an additional $30,000 on top of the

09:48:15 change order that we already had for -- like I said, I don't

09:48:19 remember the exact amount.

09:48:23 He can probably address.

09:48:24 That and then we have another $30,000.

09:48:26 It just seems that this project is perhaps not -- it's the

09:48:36 one that never end.

09:48:37 Let me do it that way.

09:48:41 >>DAVE VAUGHAN: It will end.

09:48:42 Dave Vaughan, contract administration.




09:48:43 I'm sorry I missed the opening comments.

09:48:45 So --

09:48:48 >>LISA MONTELIONE: I highlighted Spring Hill on the list of

09:48:50 projects that Mr. Bayor had transmitted.

09:48:53 >> And I'm here to speak specifically to.

09:48:55 That council will recall at the end of that project as a

09:48:57 result of the number of contract payment violations we

09:49:02 defaulted that contractor.

09:49:03 The contractor is in default.

09:49:05 We have an amount of -- we have an amount of retainage in

09:49:13 the contract that the city holds that exceeds this amount

09:49:16 that we are moving.

09:49:17 We are in settlement process with the surety.

09:49:21 And so what you see is a financial move to pay for some

09:49:31 corrections that needed to be done, but we have that money.

09:49:34 And when we settle with the surety, it will replenish it so

09:49:38 it's not really an expense.

09:49:40 That's sort of the short answer.

09:49:41 >>LISA MONTELIONE: Okay.

09:49:43 I guess I feel on the one hand, on the financial side of my

09:49:48 brain, I feel better that we are being reimbursed for this

09:49:52 money from the surety now, not being -- maybe Mr. Suarez can

09:49:58 speak better with management because I'm not in that

09:50:00 business, but is there going to be any difficulty collecting

09:50:06 money against that bond, being reimbursed for any of the




09:50:11 work that we have to redo because it was not done correctly

09:50:14 the first time?

09:50:18 >> Always when you are dealing with a surety.

09:50:23 The advantage in this case is we are dealing with money that

09:50:25 we are still holding in the contract.

09:50:27 And so we have the cards in dealing with the surety and

09:50:31 ensuring that we are not going to turn that money over to

09:50:33 you because we are paying for corrections that the

09:50:35 contractor should have done.

09:50:37 We have every expectation that we will prevail in this case.

09:50:41 >>LISA MONTELIONE: And again, somebody educate me, is there

09:50:48 a time period where you have the opportunity to make a claim

09:50:53 against the bonds?

09:50:55 Because my fear is that having been in the construction

09:51:01 business awhile, I know that it's sometimes a period of time

09:51:07 before you actually flesh out all of the problems that

09:51:12 exist.

09:51:13 Anybody that bought a brand new house knows that within that

09:51:15 first one year warranty period you might have a cracked tile

09:51:20 here or some something else wrong.

09:51:21 It may be minor cosmetic work but it's all covered under the

09:51:25 warranty.

09:51:25 But often it takes awhile for a brand new building to

09:51:30 settle, so to speak, and show the flaws.

09:51:33 So we discovered this once.




09:51:35 And I think I heard that there are a couple of other itself

09:51:43 that we are dealing with.

09:51:47 >>DAVE VAUGHAN: We have put the surety on notice that -- and

09:51:50 we are in the warranty period still for the building.

09:51:52 So contractually and with the surety, we have done all the

09:51:55 things that we need to do to protect our rights.

09:51:58 And we are addressing these issues.

09:52:00 The air conditioning has already been fixed.

09:52:04 >> Do we have an spector or somebody that is going through

09:52:07 every single aspect of that building?

09:52:10 >>DAVE VAUGHAN: Yes, trust me.

09:52:14 >>CHARLIE MIRANDA: Ms. Mulhern.

09:52:14 >>MARY MULHERN: Thank you, Mrs. Montelione, for bringing

09:52:19 this up, calling it out.

09:52:21 And I just got the list here.

09:52:25 I would like to ask if you could -- someone from parks or

09:52:29 you, Mr. Vaughan, could just give us the written report in

09:52:38 the next week, that particular building, the Sulphur

09:52:43 Springs, the Spring Hill building, what was originally

09:52:49 budgeted, what we spent, what outstanding, and where we are

09:52:52 with it, maybe if we could just have a written report about

09:52:55 that to bring us up to speed.

09:52:59 >>DAVE VAUGHAN: Sure.

09:53:03 >>CHARLIE MIRANDA: Mr. Suarez?

09:53:04 >>MIKE SUAREZ: Thank you, chair.




09:53:06 First, Mr. Vaughan, if I could at least ask some questions

09:53:12 in W what Mrs. Montelione has said.

09:53:14 You put the surety on notice.

09:53:16 And my experience, whenever there's a construction company

09:53:19 whose surety has been put on notice, they scramble like hell

09:53:23 to try to get everything in order because the last thing

09:53:25 they need is to lose their bonding authority because that is

09:53:28 a secured document.

09:53:30 Usually a personal secure document with the surety company.

09:53:35 So I have a feeling that you are going to solve this problem

09:53:38 quicker rather than later, would be my guess, because the

09:53:42 surety does not want to pay out that money.

09:53:45 The builder, whoever they are -- excuse me, the contractor,

09:53:48 whoever they are, is going to be very frightened because

09:53:52 they are not going to be able to get any other jobs without

09:53:54 the bonding authority available.

09:53:56 So I'm glad that you put them on notice.

09:53:59 And I assume that you have done this before.

09:54:01 What's the usual time frame for when you put them on notice

09:54:04 and having the contractor respond?

09:54:08 Is it usually fairly quick?

09:54:09 >> First, we are officially in default.

09:54:12 This is not a case of the contractor being able to come in

09:54:14 and try to -- he had all of those opportunities and didn't

09:54:17 do it.




09:54:18 So the contractor is in default.

09:54:23 One thing about our bond, which is an advantage for us in

09:54:29 dealing with these situations, is the bond gives us the

09:54:33 right to address these issues and fix them and not wait for

09:54:36 the surety.

09:54:37 And that's what we have been doing.

09:54:38 And it has taken a period of time to do that, for folks to

09:54:42 come in and check and make sure it was done right when it

09:54:45 was corrected so we don't still have the problem.

09:54:47 In terms of the time frame, all I can tell you is it always

09:54:50 takes longer than you think it's going to, particularly when

09:54:53 a surety is involved.

09:54:54 And so putting a value on that will be difficult.

09:54:59 >> One on the question about the contractor.

09:55:01 Because they are in default, will they be allowed to bid on

09:55:05 any other contracts with the city, as someone that has

09:55:08 defaulted on a contract with us?

09:55:10 >> We cannot keep them from sending in bids.

09:55:14 We certainly can make that a part of the review process

09:55:18 before recommending approval.

09:55:19 >>MIKE SUAREZ: Thank you.

09:55:22 And Mr. Bayor, I want to tell you, I saw the people on there

09:55:28 for MacFarlane park.

09:55:30 I am glad we are finally going to have this work done.

09:55:32 It's been there way too long.




09:55:34 When is this work expected to be completed for the gazebo?

09:55:44 >> There is a historical sort of track record for Easter

09:55:50 sunrise services.

09:55:52 We are making every effort to be done in time for that.

09:55:54 Can't promise it, but that's our goal and what we are trying

09:55:57 to do.

09:55:59 >> I think when the West Tampa optimists put up, they

09:56:04 probably did it faster but it will be done quickly.

09:56:07 >> It comes early this year, it's at the end of March.

09:56:12 >>CHARLIE MIRANDA: Any council members who have not spoken

09:56:13 on this subject matter?

09:56:15 >>LISA MONTELIONE: I just have one follow-up question that

09:56:19 Mr. Suarez brought up and that is doing business with a

09:56:22 contractor that has previously defaulted.

09:56:24 Is there -- we were talking about ban the box earlier.

09:56:29 Is there a box on the form for RFPs that says, have you

09:56:32 ever defaulted on a contract with the City of Tampa?

09:56:40 >>DAVE VAUGHAN: No.

09:56:41 >>LISA MONTELIONE: May I make a request, or maybe put this

09:56:45 in the form of the motion that we amend the RFP application

09:56:48 when we put it out for bids that a question be added, have

09:56:53 you ever defaulted on a contract with the City of Tampa, and

09:56:58 that be part of the scoring sheet, whether or not they have?

09:57:03 >>DAVE VAUGHAN: Certainly can discuss that with legal as far

09:57:04 as whether legally we can do that.




09:57:09 The reason I'm hesitant and hedge on the answer a little bit

09:57:12 is because there are some legal issues attendant to a bidder

09:57:17 who has been defaulted coming back, having corrected

09:57:21 themselves and being able to submit a bond.

09:57:25 But certainly we can pursue that and be happy to report back

09:57:28 to you on that.

09:57:29 >> So I'll put that in the form of a motion.

09:57:31 I would like to have legal and contract administration

09:57:34 provide a staff report on the addition of a question for

09:57:43 whether or not a contractor has defaulted on a previous

09:57:47 contract with the city, and to examine the review scoring

09:57:52 process, and whether or not -- or how that would be weighted

09:57:56 on the scoring process.

09:57:59 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione,

09:58:01 second by Mrs. Mulhern with a close vote of Mr. Suarez.

09:58:08 Maybe you can look at it, the legal department, for an

09:58:10 ordinance to be done that way, if it's legally possible.

09:58:13 I don't know if she wants to include that.

09:58:15 So that's ordinance wide, city-wide, and if you have a

09:58:18 problem with the city as far as walking away from a job or

09:58:22 doing something to that effect, that we are not left holding

09:58:25 a bag and we don't do business with you at all.

09:58:27 I think that would correct a lot of problems.

09:58:29 But that's for another day and another discussion.

09:58:31 >>LISA MONTELIONE: I would accept that as an amendment.




09:58:35 >>CHARLIE MIRANDA: I appreciate it very much.

09:58:36 It's amended, the motion by Mrs. Montelione, second by Mrs.

09:58:39 Mulhern.

09:58:39 All in favor of that motion indicate by saying aye.

09:58:42 Opposed nay.

09:58:42 >>LISA MONTELIONE: And we need to add a date to bring that

09:58:46 back under staff report, so I would ask the sooner the

09:58:49 better if we could hear that on February 21st at 10 a.m.

09:58:57 >>CHARLIE MIRANDA: Legal department, are you hearing that

09:58:58 request?

09:58:59 February 21st at 10 a.m.

09:59:02 Not 9:30.

09:59:03 10 a.m.

09:59:06 Thank you all very much.

09:59:08 Item 13.

09:59:09 We have got to do something.

09:59:11 It's just dangling there in the agenda.

09:59:13 I have a motion by Mr. Reddick to approve item 13.

09:59:16 Second by Mr. Suarez.

09:59:17 All in favor of the motion? Opposed?

09:59:20 Item passes unanimously.

09:59:21 We need one more item.

09:59:23 I believe that was item 24.

09:59:26 >>LISA MONTELIONE: I had a conversation with Mr. Shimberg

09:59:37 about this item.




09:59:38 So we didn't have a chance to talk.

09:59:40 You were going to investigate my questions.

09:59:45 Have you anything to report back on our conversation?

09:59:50 >>JIM SHIMBERG: City attorney.

09:59:52 This item has to do with the National Guard armory, and a

09:59:59 reverter that exists on that property, and this particular

10:00:02 item is, as many of you know, that property is proposed to

10:00:06 be renovated and redeveloped by the Tampa Jewish Federation,

10:00:12 and there's a reverter on the property right now that says

10:00:14 it's to be used for National Guard purposes, then it would

10:00:18 revert back to the city.

10:00:20 And the Jewish federation has a lease agreement with the

10:00:25 National Guard, would be a long-term lease with an option to

10:00:29 purchase and what they are asking us to do in this item is

10:00:31 to allow that project to move forward and initially we would

10:00:38 be waiving our right to enforce the revert eras they lease

10:00:42 the property and renovate the property, and if they decide

10:00:44 to purchase the property at some point in the future, we

10:00:47 would be releasing our reverter at that time.

10:00:50 What Mrs. Montelione had asked would be is there an

10:00:54 opportunity to basically prevent them from selling the

10:00:57 property, if they purchased it?

10:00:59 I know there's representatives from the Jewish Federation

10:01:02 here that want to address that issue because they believe

10:01:04 that that affects their ability to be able to either finance




10:01:07 it or put the money into it.

10:01:11 Council would have some control for zoning on how it's used.

10:01:15 I think they are going to be coming to you in the future to

10:01:18 talk about change of use.

10:01:19 But if they sold it and someone else wanted to do something

10:01:22 different they would also have to come before council.

10:01:25 So I think the answer technically is, yes, we could do that,

10:01:28 but they want to be able to tell you why that may not allow

10:01:33 their project to be feasible because right now we have a

10:01:36 situation where the property has been vacant for many years

10:01:39 and has been using it for storage of military vehicles.

10:01:42 But the city, from what I understand, does not want the

10:01:46 property back now, does not have the money to be able to put

10:01:49 into it in order to renovate it and get it back in

10:01:52 operation.

10:01:53 And this party is interested in doing that.

10:01:56 And so the legal department is recommending that we do this

10:02:07 but this that is up council.

10:02:10 >>LISA MONTELIONE: Let me explain my thought process behind

10:02:10 this. From what I understand, the federation is about to

10:02:13 exercise the 99-year lease.

10:02:17 And the option to purchase the property is there, I'm

10:02:23 assuming within the lease agreement.

10:02:28 >>JIM SHIMBERG: Correct.

10:02:28 Between the National Guard and the Jewish federation.




10:02:30 >>LISA MONTELIONE: And I was at the president's dinner when

10:02:35 this was announced.

10:02:37 I have seen all the -- the renderings.

10:02:46 It's a beautiful project.

10:02:47 And I really hope that it all comes to fruition.

10:02:51 But we had a recent discussion about another project with a

10:02:55 group that we had very high hopes for, and it never came to

10:03:00 be.

10:03:01 So the reverter clause as it stands now says that if it is

10:03:09 ever not used as an armory it comes back to the city.

10:03:12 I'm not asking for that, I'm asking that it to be triggered

10:03:21 by the sale of the property, so if the property is ever

10:03:23 sold, which under a 99-year lease, I don't see why they

10:03:27 would have to sell it, but if there was a case that it were

10:03:31 to be sold, that a reverter clause would then say the city

10:03:36 has either the right of first refusal or comes back to us,

10:03:40 or something like that, because that is a beautiful historic

10:03:43 structure.

10:03:45 And I want -- historic preservation is part of my

10:03:51 committee -- as a part of that effort to hold onto our

10:03:56 treasures because we have seen not a lot of preservation of

10:03:59 large structures in our area, and one reason the HPC exists

10:04:03 is because of us.

10:04:04 I want to do everything we can to protect the historic

10:04:07 structures that we have in existence and keep those, the




10:04:12 rights of the city under city control.

10:04:17 >>JIM SHIMBERG: Just one quick comment.

10:04:19 During the time that they are leasing the property, if at

10:04:22 any point they ever decide not to move forward with the

10:04:25 project and default on the lease and the National Guard gets

10:04:29 it back, of course our reverter is still in place.

10:04:32 It's only in the event that we are talking about if they

10:04:35 exercise the option to purchase and actually purchased it,

10:04:38 that's the only time that the reverter would go away.

10:04:41 So my feeling personally is if someone puts millions of

10:04:47 dollars into a structure that's a different situation than

10:04:49 what we have today, which is a property that we really, you

10:04:53 know, we want someone to come in.

10:04:55 That's why the mayor was willing to recommend to the

10:04:58 council.

10:04:58 I know they are here and they are happy to answer any

10:05:01 questions, Mr. Singer and Mr. Serat are here.

10:05:06 >> But I'm confused.

10:05:07 If we are removing the reverter clause --

10:05:10 >> We are not removing it.

10:05:11 We are agreeing right now that when they take possession, we

10:05:14 are not going to -- we are going to waive our right to

10:05:18 enforce.

10:05:19 We are going to allow them to move forward.

10:05:20 It's not going to be used for National Guard or military




10:05:23 purposes anymore so we are not going to make it revert to

10:05:25 the city.

10:05:26 So for 99 years potentially we would have waived our right.

10:05:30 But we still have a reverter.

10:05:32 The only time the reverter actually goes away is if they

10:05:35 exercise their right to purchase, which as he said why would

10:05:38 they under a 99 year lease?

10:05:40 And I think they want to talk about potential financing and

10:05:43 potential reasons why this could make it more difficult for

10:05:46 them to be able to -- which is why they asked us to do this

10:05:51 in the first place.

10:05:55 >>CHARLIE MIRANDA: Ms. Mulhern.

10:05:55 >>MARY MULHERN: I think it's a great project I love the JCC

10:06:00 and Myles went there for preschooling, and didn't believe he

10:06:06 was Jewish when he wasn't.

10:06:08 But we did go through this, Councilman.

10:06:11 Chairman Miranda and I were on council during the last term

10:06:14 and we went through this process, and it was a little

10:06:17 different then.

10:06:18 So basically what it is is the National Guard, as long as

10:06:22 they are using that property -- I'm explaining this in

10:06:26 laymen's terms for us because we spent a lot of time talking

10:06:29 about it -- as long as the National Guard continues to use

10:06:33 the property, they have ownership.

10:06:39 But when they are no longer using the property at all, then




10:06:45 it would revert to the city.

10:06:49 So I guess maybe we need to hear from the attorneys about

10:06:52 the project.

10:06:53 But what I would like to understand is if the National Guard

10:06:58 is leasing the entire property and actually -- I'm sorry.

10:07:04 Yeah, leasing to the Jewish federation, the entire property?

10:07:11 >>JIM SHIMBERG: That's a good question.

10:07:12 The property is ten acres.

10:07:13 Right now my understanding is that this lease only involves

10:07:16 the southern five acres which is where the armory is.

10:07:19 The northern five acres what just some other buildings.

10:07:23 The National Guard will continue to use them.

10:07:25 We are not proposing to change the reverter, anything with

10:07:27 respect to that property, because they are still going to be

10:07:30 using it for muscle taker purposes.

10:07:31 And they don't have an agreement --

10:07:34 >>MARY MULHERN: Still have the reverter on that property?

10:07:36 >> Right.

10:07:37 But that's not the historic armory.

10:07:39 >>MARY MULHERN: Is that the reason why the National Guard

10:07:42 is not leaving at this point because they actually want to

10:07:44 still control some of that land and they are not ready to

10:07:46 release it?

10:07:47 >>JIM SHIMBERG: Well, I don't want to speak for them, and I

10:07:50 think the Jewish federation representative might be able to




10:07:52 address why they are on the taking five.

10:07:56 >>MARY MULHERN: Let me ask my questions, because this is

10:07:58 what's interesting to me, the city -- and we went through

10:08:01 this before, too, why the city -- and I don't know.

10:08:07 I know it's complicated.

10:08:08 But why the city wouldn't, you know, exercise that reverter

10:08:13 since the National Guard wasn't using it.

10:08:17 And then the city would then be able to lease the property.

10:08:20 So this is a question for you, I think.

10:08:24 Why aren't we doing that?

10:08:28 >>JIM SHIMBERG: They have got military vehicles on that

10:08:29 property.

10:08:30 They have been using it continuously for military purposes.

10:08:33 The portion that we are talking about right now, the

10:08:35 military vehicles have been parked there continuously.

10:08:40 >>MARY MULHERN: I might be okay with this.

10:08:42 Okay.

10:08:42 It only the portions that the Jewish federation is going to

10:08:47 lease and develop, which is just the building?

10:08:50 >> Right.

10:08:51 The building, and that portion.

10:08:53 >>MARY MULHERN: So the rest it would have to, if the

10:08:58 National Guard leaves, including if there were an

10:09:01 increase -- if the Jewish federation wanted to lease more of

10:09:07 the property --




10:09:09 >> It has to come back.

10:09:11 >>MARY MULHERN: The current property that they -- yeah,

10:09:13 it's a little -- I want to hear from -- hear from the

10:09:19 lawyers.

10:09:22 I don't know if somebody is here from the National Guard,

10:09:26 too?

10:09:27 >>JIM SHIMBERG: No one is here from the National Guard.

10:09:29 >>MARY MULHERN: Okay.

10:09:33 >> David singer, and I'm joined by jack Ross on behalf of

10:09:38 JCC.

10:09:38 I am going let jack start and address your question,

10:09:41 Councilwoman Mulhern about the five versus ten acres and

10:09:45 then we can get into the contractual issues.

10:09:48 >>> Jack Ross, Executive Director of the Tampa Jewish

10:09:50 community center.

10:09:52 The entire parcel is a ten-acre parcel.

10:09:55 As opposed to other developments, plans that came before us,

10:09:59 we believe they are a very unique arrangement, bifurcated

10:10:03 the acres into two five acre parcels.

10:10:08 As a matter of law it remains one ten-acre parcel but in the

10:10:11 99 year lease complex the entire complex remains intact

10:10:15 again as a matter of law so the continuous use of the

10:10:17 National Guard armory is uninterrupted.

10:10:20 It's at the point where we exercise what we have in option

10:10:23 to purchase, and that option, by the way, is triggered in




10:10:26 year 10 of our lease, can be accelerated before then.

10:10:31 It's at that moment when we exercise the option to purchase

10:10:34 that as a matter of law we create a new parcel, and the

10:10:40 continuous uses are uninterrupted and the right of reverter

10:10:44 would be triggered at that point.

10:10:45 So what we are asking is, as council suggested, that there

10:10:52 be a relaxation or stepping away from the reverter during

10:10:55 the lease period.

10:10:56 But it's at that moment where we choose to purchase the

10:10:59 property that the reverter then removes simultaneously so

10:11:05 that there's clean title.

10:11:09 The five-acre parcel.

10:11:16 >>CHARLIE MIRANDA: I have Mr. Suarez and Mr. Cohen.

10:11:18 >>MIKE SUAREZ: Thank you, chair.

10:11:21 A quick question.

10:11:22 County go to Mr. Singer, to Mr. Shimberg in terms of -- and

10:11:26 I think that Ms. Mulhern touched directly on this, which is

10:11:31 during the course of the time that we have looked at

10:11:34 different iterations of what to do with this parcel, these

10:11:38 ten acres, the National Guard still owns it.

10:11:42 The only reason why we have a role in this is that it would

10:11:47 be if we decided to do something with it, correct?

10:11:51 >> Well, because of the reverter.

10:11:54 >>MIKE SUAREZ: My point is there's a reason why the

10:11:56 contract is between the National Guard and the JCC which is,




10:11:59 our only role in this is as a reverter if for some reason it

10:12:06 goes back to the National Guard.

10:12:08 Correct?

10:12:08 >> Correct.

10:12:09 And the reason, I think the difference between the

10:12:11 transaction -- that was a situation where the city really

10:12:16 took the lead on that, and you had a situation where the

10:12:19 National Guard was saying, if someone gives up money to move

10:12:23 our whole operation out of there, we would agree to sell the

10:12:26 property, and so the city took the lead, did an RFP, found a

10:12:29 developer, and it didn't work out.

10:12:34 And so this time they talked to them directly, and they were

10:12:38 only looking for a portion of it.

10:12:40 They are not using the big building right now.

10:12:42 So that's why they were able to entertain that at this

10:12:46 point.

10:12:47 So because of the legal provision that says if it ever

10:12:51 ceases its use for military National Guard it reverts back

10:12:55 to the city.

10:12:56 That's where our interest is.

10:12:57 So really with their lease we would have to agree at the

10:13:00 time they stopped using that five acres, we could trigger

10:13:03 that, but we are not going to.

10:13:05 At least recommending not to.

10:13:07 >>MIKE SUAREZ: And I guess you made my point, that our




10:13:14 property rights under this particular contract really are

10:13:17 only, you know, it reverts to us only if there's no longer a

10:13:23 use of that.

10:13:23 We are trying to make the best use of this, repurpose this

10:13:27 particular property, JCC has already agreed to that, the

10:13:31 money is going to into go into it as opposed to leaving a

10:13:36 building that's not going to be used at all, it's going to

10:13:39 be used, repurposed, and it's going to be something that's

10:13:43 positive for the community.

10:13:44 I think that for us -- and I think what Mr. Ross said, and

10:13:51 what you have said, Mr. Shimberg, in terms of their real

10:13:55 possibility of being able to get lending for it, this is the

10:14:00 piece that actually has a real effect on it, because if we

10:14:03 don't do this, it may stymie their ability to go get

10:14:10 additional dollars in order to refurbish the building.

10:14:13 >> That's the reason that we are here.

10:14:15 Exactly right.

10:14:18 >>CHARLIE MIRANDA: Mr. Cohen and Ms. Capin.

10:14:19 >>HARRY COHEN: Mr. Suarez just made the point very, very

10:14:23 well.

10:14:23 But to me, this comes down to a chain of title issue,

10:14:27 because not only -- because I think without releasing the

10:14:32 revert, additionally, not only is no bank going to give any

10:14:36 financing, but I think it makes it very difficult to raise

10:14:40 money from donors.




10:14:42 Because the first thing a donor is going to ask you as well,

10:14:45 what's the story with your continued control over the

10:14:50 building?

10:14:50 And my sense is that that would probably be a deal killer.

10:14:57 I think everybody else has covered the issues.

10:15:02 If we have to go another round and want to talk about the

10:15:05 merits of the development, we can do that.

10:15:07 But I do think that without the conditional release of the

10:15:14 reverter, it doesn't seem to me like this project could go

10:15:17 forward at all.

10:15:18 >> You're right.

10:15:22 In fact, we have already had meetings with owners, and as a

10:15:27 matter of disclosure I let them know that we would work with

10:15:31 our due diligence and make it a part of our due diligence to

10:15:34 seek this conditional removal, and once we mention that to

10:15:38 the donors, I never represented them as a certainty, but we

10:15:45 would probably lose all of our donors if that were to

10:15:48 happen.

10:15:49 >>CHARLIE MIRANDA: Ms. Capin.

10:15:52 >>YVONNE CAPIN: Just so that I understand the reverter

10:15:55 pertains to the entire ten acres?

10:15:58 >> Correct.

10:16:00 >>YVONNE CAPIN: And therefore because they are not using the

10:16:05 armory, it would not -- they could not or would not revert

10:16:11 that five acres to the city.




10:16:14 It is the whole --

10:16:18 >>JIM SHIMBERG: We are trying to handle this in a way that

10:16:20 gives them what they say they needed in order to go forward

10:16:22 with the development.

10:16:23 So you are right, there could be an argument that as long as

10:16:26 the National Guard is still using the northern five acres,

10:16:30 that the reverter doesn't trigger.

10:16:31 But what they are asking us to do is be a little more

10:16:36 conservative and say we are not using this northern five

10:16:39 acres, there's a chance the reverter could trigger back to

10:16:42 the city.

10:16:42 They are asking us to initially waive it and then release it

10:16:45 only if they buy.

10:16:46 So one point to make which I think is important, and Ms.

10:16:51 Mulhern and Mr. Miranda know the last ambitious property did

10:16:56 not ultimately go forward, and despite their best efforts,

10:16:59 if this doesn't go forward, the city will be in no worse

10:17:03 position than we are in today.

10:17:04 We'll still have our reverter and will be back to consider

10:17:07 the next one.

10:17:07 So we are giving them the best opportunity to be successful

10:17:10 while protecting the city the best we can.

10:17:17 >>CHARLIE MIRANDA: Ms. Month the first and second --

10:17:21 >>LISA MONTELIONE: I would like to move the item for

10:17:24 approval.




10:17:25 >>CHARLIE MIRANDA: Second by all of us.

10:17:26 I am going to give to the Mr. Cohen on a close vote with Mr.

10:17:28 Mulhern -- Mrs. Mulhern, Mr. Reddick, Mr. Suarez, if I

10:17:35 heard.

10:17:35 Please signify by saying aye.

10:17:37 Opposed nay.

10:17:39 The item passed unanimously.

10:17:41 Thank you very much.

10:17:42 A very healthy discussion so all of us know what's going on

10:17:45 and what's happening.

10:17:46 Congratulations to you which you are going to hopefully

10:17:48 build there, will be a great asset to the total community of

10:17:51 the City of Tampa.

10:17:52 >>LISA MONTELIONE: I want to thank Mr. Ross and Mr. Singer

10:17:56 for coming down to answer our questions.

10:17:58 >>CHARLIE MIRANDA: We go now to the 10:00 unfinished

10:18:01 business.

10:18:01 These are presentations of application expressing an

10:18:04 interest in the Barrio Latino on item number 50 and 51 is on

10:18:08 the code enforcement.

10:18:15 Ms. Shirley, may I ask you to perform the great duty that

10:18:19 you do for the city?

10:18:20 >>SHIRLEY FOXX-KNOWLES: City clerk.

10:18:25 Council, this is regarding item 50.

10:18:30 We have four vacancies on the Barrio Latino commission, and




10:18:37 we have two applicants.

10:18:40 Mr. James Wesley Miller applying for the Ybor City Chamber

10:18:44 of Commerce position, and Walter Lee Smith II applying for

10:18:49 the alternate position.

10:18:53 The other position we can readvertise.

10:19:00 >>CHARLIE MIRANDA: Mr. Reddick.

10:19:01 >>FRANK REDDICK: Mr. Chair, I am going to move the two

10:19:03 candidates.

10:19:09 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick, second by

10:19:11 Mr. Cohen. All in favor?

10:19:12 Opposed?

10:19:13 The ayes have it unanimous.

10:19:14 >>SHIRLEY FOXX-KNOWLES: We will readvertise for the

10:19:19 architect and attorney position.

10:19:20 On item number 51, we have Mr. James Chittenden reapplying

10:19:29 for his position which expired on -- expires on March 31,

10:19:40 2013.

10:19:42 >>CHARLIE MIRANDA: Motion by Mrs. Capin, second by Mr.

10:19:46 Cohen.

10:19:48 All in favor?

10:19:49 Yes, sir.

10:19:49 >>MARTIN SHELBY: I prepared resolutions that would reflect

10:19:52 council's actions, if you can move those on 51 and 352.

10:19:57 >>CHARLIE MIRANDA: Prepared well in advance.

10:20:00 Mr. Reddick moved the resolution on number 50.




10:20:03 Do that again.

10:20:04 Well, the resolutions, they have been moved.

10:20:06 Thank you so very much.

10:20:07 Appreciate it.

10:20:10 Item 52 has been continued.

10:20:12 Item 353.

10:20:13 >> Allison singer with the legal department.

10:20:21 I believe there are several issues before you today.

10:20:24 The first that I wanted to point out from the action of

10:20:28 December 20th is you had asked the legal department to

10:20:31 review the St. Petersburg local hiring ordinance, and I

10:20:33 believe you have before you a memorandum from myself

10:20:36 regarding that.

10:20:38 I'm available to answer any specific questions on that but I

10:20:41 wanted to let you know where it stands today is it was most

10:20:44 recently considered by the St. Petersburg City Council at

10:20:47 their January 10th meeting.

10:20:49 They chose not to take action on the drafts that were before

10:20:52 them.

10:20:52 There was a very lengthy public commentary section including

10:20:55 urging by the administration in St. Petersburg.

10:21:02 I believe as you probably read in my memo, that's a local

10:21:05 hiring program that they are proposing to start that would

10:21:08 require a certain percentage of work hours performed on

10:21:12 public construction projects in excess of $2 million to




10:21:17 employed, unemployed or underemployed workers.

10:21:20 Also a good faith effort toward apprenticeship being held by

10:21:26 local residents and also puts burden on contractors to

10:21:32 indicate their compliance with the draft ordinance, and then

10:21:35 a person to be determined by the mayor in St. Petersburg,

10:21:39 presumably a staff member of the city of St. Petersburg,

10:21:41 would be responsible for monitoring compliance and

10:21:44 recommending any sanctions for noncompliance.

10:21:46 So happy to answer any questions about that, that you may

10:21:50 have, and I know there are several other issues before you

10:21:52 today.

10:21:53 I believe you have a memo from the administration regarding

10:21:56 the position on both issues.

10:21:59 >>CHARLIE MIRANDA: Council, item 53 is here, I believe what

10:22:05 we talked about.

10:22:06 What's council's wishes?

10:22:08 Mr. Reddick?

10:22:09 >>FRANK REDDICK: I was reading your document that you

10:22:18 submitted to us.

10:22:20 And you stated in here that some of the concerns the

10:22:27 administration might have is increased workload, enforcement

10:22:31 problems, potentially increased litigation, and so on and so

10:22:41 on.

10:22:41 Would you explain to me, for example, what would be an

10:22:46 enforcement problem?




10:22:50 Explain to me what kind of increasing workload would you

10:22:58 foresee?

10:22:59 And when you talk about bid protests, are you saying these

10:23:03 are individual or contractors that might protest having to

10:23:06 go through this process?

10:23:08 Could you explain your estimation in that last paragraph?

10:23:11 >> Sure.

10:23:12 First let me clarify, are you speaking to the --

10:23:21 >> Under the credit check.

10:23:24 >> So speaking to the credit check issue.

10:23:27 A couple of points, and Councilman Reddick raises an issue

10:23:31 regarding the credit check.

10:23:32 This is one of the other issues before you today.

10:23:34 I did want to point out, sometimes I think that the agenda

10:23:37 item has been a little bit confusing because it has

10:23:39 addressed several differ issues at once.

10:23:41 However, I do think some of the enforcement concerns are

10:23:44 related on all of these issues.

10:23:46 So whether we are speaking to the credit check sort of issue

10:23:49 or the criminal history screening process issue or indeed

10:23:52 the local hiring issue, part of the issue was compliance and

10:23:58 enforcement is what does it look like?

10:24:00 We don't necessarily have, as right now, anything in place

10:24:05 that would say exactly what it would look like.

10:24:08 So at minimum what you would be talking about is a paperwork




10:24:12 sort of enforcement.

10:24:15 But realistically in terms of effective enforcement,

10:24:18 probably something more significant than that.

10:24:20 So, for example, while there are many different models of

10:24:23 enforcement for any of these issues, one of the things that

10:24:25 you see a lot is a paperwork compliance, sort of a

10:24:30 certification that folks are in compliance.

10:24:33 However, what that of course necessities is what do you do

10:24:36 if someone is not in compliance?

10:24:38 Of course the folks that would be administering that sort of

10:24:41 sanction are figuring out what those sanctions would be

10:24:43 would be folks on our staff.

10:24:45 All of them calls for enforcement that I have seen are ones

10:24:51 where cities or counties, whatever the jurisdiction is, it

10:24:54 has been responsible for creating all of those procedures,

10:24:56 and then --

10:24:58 >>FRANK REDDICK: You are losing me.

10:25:01 You were moving mighty fast there.

10:25:03 >> Sorry.

10:25:04 I'll slow down.

10:25:05 >>FRANK REDDICK: Let me just give an example.

10:25:10 I notice where you can walk into a financial establishment,

10:25:18 you can apply for a loan, and they would do a credit check,

10:25:23 put it on the application, fill out an application, and they

10:25:27 check with the credit bureau, and they see, I guess, you




10:25:30 have a certain rating whether your credit is good or not.

10:25:35 What the difference between that process, and I can see

10:25:45 where you can check the credit in five or ten minute and

10:25:47 tell you whether you scored this or tell you whether you got

10:25:52 good credit or bad credit.

10:25:54 So I'm looking at the workload.

10:26:04 How long -- you say increase workloads.

10:26:08 Are you saying that five or ten minutes will put a burden on

10:26:14 an employer if they have to go through that process?

10:26:18 >> No.

10:26:19 I think we are talking about two different things.

10:26:21 What I am talking about is whomever is responsible for

10:26:23 enforcing any ordinance.

10:26:24 So what I am talking about is not the actual act of

10:26:27 performing a credit check.

10:26:28 I'm talking about if the ordinance says this is how -- these

10:26:32 are the procedures that you have to employ to do a credit

10:26:34 check, then what I'm talking about is how the city staff who

10:26:39 would make sure that folks are actually buying those

10:26:42 procedures would go about doing that.

10:26:45 And so the question becomes what does that enforcement

10:26:48 procedure look like?

10:26:49 So, no, I'm not talking about the specific act of performing

10:26:52 a credit check, but what does it look like to make sure that

10:26:55 folks are doing what they are supposed to be doing?




10:26:57 And how do you handle it if indeed they are not?

10:27:00 That's what I am talking about. It's coming up with that

10:27:02 level of procedure, that level of enforcement, and mandate

10:27:06 compliance in that way.

10:27:06 >>FRANK REDDICK: Thank you, Mr. Chair.

10:27:12 >>CHARLIE MIRANDA: Anyone else?

10:27:15 >>LISA MONTELIONE: To dovetail on an issue that we just

10:27:19 spoke about, I think you were in the room where we discussed

10:27:22 with contract administration on contractors who default on

10:27:26 their construction contracts with the city, we are talking

10:27:29 millions of dollars for the building of the Spring Hill

10:27:33 community center.

10:27:35 And when I asked -- actually, Mr. Suarez brought it up about

10:27:40 the default, and do we still do business with companies

10:27:44 after they have defaulted?

10:27:47 I seem to hear the answer was, yes, but it depends.

10:27:51 You know, we can't prevent companies from submitting a bid

10:27:57 if they have defaulted in the past.

10:27:59 And as of right now, it's not even considered in the review

10:28:05 process, it seemed to me -- I could be wrong -- but it we

10:28:12 have a staff report coming back on the 21st.

10:28:15 So when I look at this, and you are talking about

10:28:18 enforcement, so we have a contractor who does not comply.

10:28:26 We have to verify that they did not comply.

10:28:29 And I think that's where the time and the workload might




10:28:33 come in.

10:28:34 And then once we determine that they did not comply the

10:28:38 first time, under this existing contract, what are the legal

10:28:47 ramifications? Can we pull the contract?

10:28:49 Is it an immediate cancellation?

10:28:52 Do we end up in court because of enforcement issues?

10:28:57 And it seems like Mr. Vaughan had referred to Mr. Shimberg

10:29:03 and said, well, that's a legal question on whether or not,

10:29:06 you know, we can consider their previous default if they

10:29:10 cured it.

10:29:11 So that's where it becomes confusing for me, Mr. Reddick, is

10:29:16 in the actual performance of the enforcement, and we have

10:29:21 things at issue with enforcement in the City of Tampa on

10:29:25 some occasions.

10:29:27 So that's where I kind of get stuck, and we can pass an

10:29:36 ordinance that has no teeth, and what's the point of passing

10:29:39 an ordinance that has no teeth?

10:29:40 >> Is that a question for me?

10:29:48 >>LISA MONTELIONE: The question is, what does the

10:29:50 enforcement entail and what can we do to remedy the

10:29:54 effective --

10:29:55 >> That is exactly the problem.

10:29:56 And both your questions do dovetail because that is exactly

10:30:01 the question.

10:30:01 That is where the workload is, is trying to come up with




10:30:04 those sorts of procedures that would indeed both pass legal

10:30:10 muster an be efficient for our staff members, and there is a

10:30:13 significant amount of work in trying to figure that out

10:30:16 precisely because these have not been largely legally

10:30:19 tested, so there isn't sort of that one case that you say,

10:30:23 oh, but if you do it like this you are good to go.

10:30:25 To the contrary, there are a number of cases that go in --

10:30:28 >> Well, I figure that's not even my point.

10:30:31 I'm not afraid of having members do work to research the

10:30:34 process and put procedures in place.

10:30:38 But what I'm concerned with is we go through the work, we

10:30:42 have the procedure in place.

10:30:44 The actual effective enforcement.

10:30:49 If so, it whats a question whether we can do business with a

10:30:52 contract who has defaulted on the tune of millions of

10:30:55 dollars.

10:30:57 What is the effectiveness of defaulting a contractor that

10:31:01 has maybe, you know, a $20,000 contract with us?

10:31:04 >> Understood.

10:31:06 It's not a question I could answer without actually being in

10:31:08 the position of looking at what because it is a different

10:31:14 type of application when you are talking about, for example,

10:31:16 where does the money for the project come from?

10:31:18 Is it purely city money?

10:31:20 Is it money that came from a federal government or from the




10:31:22 state government?

10:31:23 And indeed the case law, and interpret what you can legally

10:31:27 do depends a lot on those sorts of questions.

10:31:29 But what I was responding to specifically was, that's where

10:31:33 the workload comes in terms of the burden on city staff.

10:31:36 But I hear what you are saying, even if you did then do that

10:31:39 work, what is the upshot if you ultimately end up doing

10:31:46 business with a company that defaulted anyway, and I guess

10:31:49 the question was you would or could depending on the fact of

10:31:53 each case, on what contract it is and what specific people.

10:31:58 >> One last question.

10:31:59 Would this apply to every contractor that does business with

10:32:03 the city?

10:32:06 Because -- I mean, if we do business with a huge paper

10:32:14 company, I don't know warehouses, but a paper comes to mind,

10:32:20 and they are a multi-national company, or would this only

10:32:22 apply and put the burden on small businesses who are local?

10:32:31 How do we categorize which companies it affects and which

10:32:40 have to comply?

10:32:41 >> I think that's both a policy question and a legal

10:32:43 question.

10:32:43 From the legal perspective, would I be concerned about any

10:32:48 of our contracts, whatever their size, that implicate

10:32:52 funding from sources outside the city because that also

10:32:56 implicates laws outside our city ordinance that has to be




10:33:00 taken into consideration.

10:33:01 There is not a one-size-fits-all answer to that question.

10:33:03 But in addition to those legal questions there are the

10:33:06 policy considerations of who is it that you are trying to

10:33:09 reach and what impact does it have on different departments?

10:33:12 Because of course it's threshold numbers, for example, are

10:33:15 different for our small local business enterprise ordinance

10:33:18 contracts are purchasing contracts generally or large-scale

10:33:22 public construction contracts.

10:33:23 So I think it implicates both legal and policy questions

10:33:27 which would need to be further explored on a policy level

10:33:30 before the legal answer could come.

10:33:34 >>CHARLIE MIRANDA: Okay, any other council members care to

10:33:36 speak on item number 53?

10:33:39 Mr. Cohen?

10:33:40 >>HARRY COHEN: I would just like to say something a little

10:33:42 out of turn since Mrs. Crum is here.

10:33:47 I saw a story on the news the other night about different

10:33:51 municipalities that have bans on texting while driving for

10:33:55 their workers.

10:33:56 And they went to Lakeland and St. Petersburg and Sarasota,

10:33:59 and nobody had an ordinance -- excuse me, nobody had a

10:34:03 policy covering this issue except for us.

10:34:08 Our wonderful human resources director was on television

10:34:10 explaining the policy and how it worked.




10:34:13 And I was very proud of how proactive the city has been in

10:34:17 making our streets safer.

10:34:19 I just want to point that out while you were here.

10:34:21 >> Thank you for that.

10:34:24 Kimberley Crum, Director of Human Resources.

10:34:27 I really have to give full credit for that to our city

10:34:29 staff, though.

10:34:30 We have a risk council that discusses safety measures.

10:34:33 They meet quarterly.

10:34:35 and directors at each of the departments participate in that

10:34:40 council, and that policy was a direct result of the work

10:34:44 that many, many safety professionals throughout the city and

10:34:47 our department leadership came up with back in 2010, and we

10:34:51 are very proud of their proactive stance around safety as

10:34:54 well.

10:34:55 >>CHARLIE MIRANDA: Thank you very much.

10:34:55 I hope that covers elected officials.

10:34:59 [ Laughter ]

10:35:00 Any comments by council members?

10:35:08 This is to appear for a report.

10:35:11 They have done that.

10:35:11 >>FRANK REDDICK: If I can entertain one last question.

10:35:15 And does St. Pete council, do they give an indication of

10:35:23 when they might come back.

10:35:30 I heard the comment if they decided to --




10:35:39 >> Actually, there was some push during the council meeting

10:35:41 to set it as soon as possible, actually as close as within

10:35:45 20 days.

10:35:46 My latest information, I spoke with an assistant city

10:35:49 attorney working on the matter and she said it has not yet

10:35:53 been set for a work shown.

10:35:54 I was unable to find anything published on their calendars

10:35:57 as having been set.

10:35:58 Just for your reference, it's been something they have been

10:36:04 contemplating for several years now but it has just recently

10:36:07 come before the full council again, in I believe November of

10:36:10 last year, with an initial draft and then revised draft in

10:36:14 January of this year.

10:36:15 I don't have any further information about when specifically

10:36:17 it might come back before them.

10:36:18 >>FRANK REDDICK: I would like to make a motion to report

10:36:24 back to this council upon hearing or receiving any

10:36:32 workshop -- any resolution from the St. Pete --

10:36:41 >> Do you want me to just come back and tell what's going on

10:36:45 with the St. Petersburg ordinance?

10:36:47 >> Correct.

10:36:48 Report back to this council.

10:36:51 >>CHARLIE MIRANDA: Keep the phone out.

10:36:53 Find out what's any movement on this at all.

10:36:55 Am I correct?




10:36:56 And that's the motion by Mr. Reddick, second by Mrs.

10:36:59 Mulhern.

10:36:59 Any further discussion by council members?

10:37:01 >>LISA MONTELIONE: I brought this up the last time that we

10:37:05 talked about this, and what I would rather see -- and I

10:37:11 tried before, I'm going to try it again -- is to schedule a

10:37:14 workshop for a local hiring ordinance, because to me, you

10:37:22 can effect more people, and the local economy, by requiring

10:37:28 companies to first look at local citizens and putting our

10:37:32 local citizenry to work.

10:37:35 And that is, I think, a more fruitful discussion for us to

10:37:43 have.

10:37:43 And many municipalities around us have done this.

10:37:46 And when we say local, we are not restricted to you have to

10:37:50 be in the City of Tampa.

10:37:52 We are talking a five-county area.

10:37:54 So the local as defined as Pinellas County, Hillsborough

10:38:00 County, Sarasota County, Manatee County, Pasco County, so

10:38:07 you are not restricting a lot of companies, because really a

10:38:11 lot of companies already hire from that pool of workers.

10:38:15 But it was a pilot program, I think run through our

10:38:19 enterprise zone board to hire companies that Mr. Reddick

10:38:24 talks about, where we are making the improvements to 40th

10:38:27 Street and to 22nd street, landscapers, people out there

10:38:34 seeing folks from out of town doing landscape work, and how




10:38:37 come this is in my neighborhood and I don't have an

10:38:39 opportunity to work on that job?

10:38:41 And I think that's a more fruitful discussion for us.

10:38:44 Because when you take an application from an individual, you

10:38:46 have the address, and this is something that also

10:38:51 St. Petersburg has talked about.

10:38:52 As a matter of fact, I spoke to one of our counterparts over

10:38:55 there, and he said that Councilman nurse made a good point.

10:39:01 He's a small business owner himself and he says I get an

10:39:05 application, it tells me what their address is. There's no

10:39:08 additional work in finding if the person lives locally or

10:39:11 lives in Orlando.

10:39:12 So I would again like to have that discussion.

10:39:17 And I move to set a workshop.

10:39:20 >>CHARLIE MIRANDA: Well, let's entertain the motion on the

10:39:22 floor first.

10:39:23 Motion by Mr. Reddick.

10:39:24 Second by Mrs. Mulhern.

10:39:28 Asking Mrs. Singer to do what he stated.

10:39:30 All in favor of that motion?

10:39:32 The ayes have it unanimously.

10:39:33 Ms. Montelione.

10:39:34 >>LISA MONTELIONE: Thank you.

10:39:36 So my motion -- I'm sorry I made it out of turn.

10:39:39 But it seems like we are -- I would like to make a motion




10:39:45 for a workshop for the -- we don't have any workshops

10:39:50 scheduled at all April 25th.

10:39:52 So April 25th for a workshop to discuss a local hiring

10:39:57 ordinance.

10:39:58 >>CHARLIE MIRANDA: I have a motion by Mrs. Mulhern.

10:39:59 Do I have a second?

10:40:01 >>LISA MONTELIONE: No, Mrs. Montelione.

10:40:03 >>CHARLIE MIRANDA: I'm sorry, Mrs. Montelione.

10:40:04 Do I have a second?

10:40:07 Second by Mr. Reddick.

10:40:10 Specific date, specific times she just quote, 10 a.m.

10:40:15 >> 10 a.m. on the 25th.

10:40:20 >>CHARLIE MIRANDA: 25th, the year 2013.

10:40:23 Seconded by Mr. Reddick.

10:40:24 All in favor of the motion?

10:40:28 All in favor?

10:40:29 Nay?

10:40:31 Nay.

10:40:32 Roll call vote.

10:40:34 >>MIKE SUAREZ: Aye.

10:40:38 >>YVONNE CAPIN: Nay.

10:40:42 >>FRANK REDDICK: Aye.

10:40:44 >>CHARLIE MIRANDA: Nay.

10:40:49 >>MARY MULHERN: (off microphone).

10:40:57 >>HARRY COHEN: (off microphone).




10:40:59 >>LISA MONTELIONE: Yes.

10:41:01 >>CHARLIE MIRANDA: Ms. Mulhern?

10:41:03 >>MARY MULHERN: Thank you, Mr. Miranda.

10:41:05 Councilwoman Montelione and Councilman Reddick, I spent a

10:41:10 lot of time working on local business preference in my last

10:41:17 term.

10:41:17 It wasn't fruitful.

10:41:18 But I really believe that this council is making some

10:41:21 progress with it.

10:41:22 And I think following up with the hope people that came here

10:41:29 following up with what St. Pete is going to do that we can

10:41:31 get there.

10:41:32 But it's not that I don't support what you want to do.

10:41:37 It's that I have been there and done that and I don't feel

10:41:39 that workshop is going to move us forward.

10:41:41 I think we have to watch what's happening in other places.

10:41:43 I encourage you to work with our staff, work with the

10:41:47 development community on this.

10:41:55 I don't think now is the time to have a workshop.

10:42:01 >>CHARLIE MIRANDA: It failed 4 to 3.

10:42:12 Anyway, we go to staff reports and unfinished business, item

10:42:30 number 58.

10:42:31 >> 54.

10:42:36 >>CHARLIE MIRANDA: 5 5, I have been asked to hold that

10:42:39 till last by a staff member.




10:42:40 So I am honoring that request.

10:42:42 I'm sorry to inform you.

10:42:44 58.

10:42:45 Yes, sir.

10:42:45 >> My name is Mike HERR, public works and utility services.

10:42:56 Item 58 is a resolution approving the bid of the Camaro

10:43:01 water solutions incorporated for the purchase of liquid

10:43:05 ferric sulfate in the estimated amount of 3,024,000 for the

10:43:10 use by water department.

10:43:11 We are asking the director of purchasing to purchase the

10:43:14 materials.

10:43:19 The water department utilizes it in water.

10:43:27 The city will see a substantial savings of approximately

10:43:29 $356,760 annually over the current price.

10:43:36 In the agenda item as far as the back-up materials, you see

10:43:40 that there were three bids, and that the department's

10:43:43 director as well as the purchasing director recommends

10:43:46 awarding to MIRA water solutions the lowest responsible

10:43:51 bidder.

10:43:54 >>CHARLIE MIRANDA: Any comments by council members?

10:43:57 >> Move the item.

10:43:58 >>CHARLIE MIRANDA: Moved by Mr. Suarez on number 58.

10:44:02 Second by Mr. Cohen.

10:44:03 All in favor of the motion, please signify by saying aye.

10:44:08 Opposed nay.




10:44:09 Motion passes unanimously. Thanks very much, sir.

10:44:13 Item 59 and 60 are somewhat, I believe -- in fact, are

10:44:21 connected together but we'll go 59 first.

10:44:23 >> 59, council members, we are asking that the council

10:44:29 consider approving an agreement for design-build contract in

10:44:32 the amount of $2,800, 000-3532 between the City of Tampa and

10:44:40 Duncan sea wall dock and both lift, LLC, in connection with

10:44:44 contract 11-C-00015.

10:44:48 This of course is addressing the dredging of the Westshore

10:44:52 waterway improvements.

10:44:54 Ooh we are asking the council to authorize the city to

10:44:58 execute the contract.

10:44:59 This project, of course, provides for the dredging of ten

10:45:05 canals known as the Westshore waterways canals.

10:45:09 The objective of this project, of course, is to remove

10:45:12 sediment from the canals to improve water quality.

10:45:18 The residential canals were actually created in the 40s

10:45:22 and 50s.

10:45:23 I know all of you realize that.

10:45:25 The agreement will last for about -- the contract will last

10:45:30 for about 17 months.

10:45:32 We are addressing the canals that we plan to do.

10:45:37 All the permits are in hand.

10:45:40 We have a hauling route as part of the contract.

10:45:46 And so we wish to move forward with the project.




10:45:49 And we ask for your approval of this contract.

10:45:52 >>CHARLIE MIRANDA: Let me say this.

10:45:53 I think all of us have worked so diligently.

10:45:56 These are the canals that are going on continuously for, I

10:45:59 don't know, 15 to 20 years, and it's about time that

10:46:03 something is done.

10:46:05 And I yield to Ms. Capin.

10:46:08 >>YVONNE CAPIN: Well, I was going to move this item.

10:46:10 But I will yield to Mr. Cohen who has worked very hard.

10:46:16 >>HARRY COHEN: Well, I appreciate that.

10:46:22 I would like to move the item.

10:46:24 Move item 59.

10:46:25 >> Second.

10:46:28 >>CHARLIE MIRANDA: Well, thrive seconds.

10:46:30 All right, Mrs. Mulhern.

10:46:31 >>MARY MULHERN: I just wanted to say, I met with staff to

10:46:37 talk about this yesterday and we are all glad that we

10:46:40 survived for a second term with a new administration,

10:46:43 because this is something that we were working on, and it

10:46:47 was very difficult, because we were trying to find a way to

10:46:50 fund it, and we are going to have to ask for an assessment,

10:46:54 and this administration managed to find the funding to do

10:46:59 this is fantastic.

10:47:01 We are not charging the neighborhoods a millage so thank

10:47:06 you, Councilman Cohen for taking over on that.




10:47:09 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen.

10:47:10 I have a second by Mr. Suarez.

10:47:12 Ms. Capin, who originally was the seconder, with Mr.

10:47:17 Reddick, Mrs. Mulhern and Mrs. Montelione.

10:47:20 I want to give credit to everybody.

10:47:23 They all said yes simultaneously.

10:47:25 So clerk, you have to figure it out.

10:47:27 I go to Mrs. Capin for the second since she so graciously

10:47:30 gave the floor to Mr. Cohen.

10:47:31 All in favor of that motion to approve 59?

10:47:35 Opposed?

10:47:35 The ayes have it unanimously.

10:47:37 Item number 60.

10:47:37 >> Item 60 is a companion item to 59.

10:47:44 This is a resolution that is making changes in the budget of

10:47:47 the City of Tampa for the fiscal year ending September 30,

10:47:51 2013, approving the transfer and the appropriation of $1

10:47:56 million in your stormwater grant, stormwater operating

10:48:00 capital funds to be able to fund this project.

10:48:04 There is $2 million that is currently budgeted.

10:48:06 That is utility tax money.

10:48:08 The $1 million that we are asking to transfer will be coming

10:48:12 from a reimbursement from Hillsborough County for the shared

10:48:17 force main that they participated and helping to share in

10:48:21 the cost.




10:48:22 They will be reimbursing us for that shared force main

10:48:25 that's associated with the pond project.

10:48:30 So we have $3 million that will be budgeted to pay for the

10:48:33 expenses associated with the dredging contract.

10:48:35 >>CHARLIE MIRANDA: Thank you very much.

10:48:36 I have the motion to move.

10:48:39 >> Move the item.

10:48:41 >>CHARLIE MIRANDA: Motion by Mr. Cohen, second by Mr.

10:48:42 Reddick on item 60.

10:48:44 All in favor? Opposed nay?

10:48:47 The ayes have it unanimously.

10:48:48 >> Chairman and council members, item 61 has reference to

10:48:52 the emergency repair at the Laurel street bridge.

10:48:56 We have a resolution that is affirming the award of a

10:49:00 contract using the emergency repairs provisions in your

10:49:04 purchasing ordinance to make necessary repairs to the Laurel

10:49:09 street bridge.

10:49:10 If there's an award, March reason construction in the amount

10:49:13 of $1,898,206.70.

10:49:19 The project provides for emergency repairs of the Laurel

10:49:23 street bridge in order to make the bridge return to a

10:49:29 movable operation allowing boating traffic to be able to

10:49:32 safely maneuver underneath the bridge.

10:49:34 Currently the bridge is in the closed position, allowing

10:49:41 pedestrian and traffic to cross the bridge but we can't open




10:49:43 the bridge, and frankly the reason is because I have been

10:49:46 inside the bridge house and I have looked at the motor, and

10:49:49 the gears and the pinions are just absolutely deteriorated.

10:49:52 So we are replacing basically all of the gears so the bridge

10:49:56 will be able to open safely.

10:49:58 The good news is that we knew about this, and the emergency

10:50:05 repairs are needed because we just can't open the bridge

10:50:09 without making these repairs.

10:50:11 We have it budgeted and we are well within budget.

10:50:16 An engineer, E.T. Driver, has been retained by us to do the

10:50:21 design work, specifications.

10:50:23 In fact, work is underway and we expect the bridge to be

10:50:26 operational by March 31st of this year.

10:50:29 >>CHARLIE MIRANDA: Thank you very much.

10:50:31 Moved by Mr. Suarez, seconded by Mr. Reddick.

10:50:35 All in favor? Opposed?

10:50:37 The ayes have it unanimously.

10:50:38 62 has been noticed requesting a continuance and was done

10:50:44 earlier, I believe.

10:50:45 I am going to have to leave the meeting.

10:50:47 And Mr. Cohen will handle 55, 63 and 65.

10:50:55 >>HARRY COHEN: Thank you.

10:50:58 Mr. Shelby.

10:50:59 >>MARTIN SHELBY: Yes, Mr. Chairman.

10:51:00 Item 62 is a request for a continuance.




10:51:04 It's a 10:30 hearing so it has to be done on the record.

10:51:08 >> So we will have to open the public hearing and then

10:51:10 continue it?

10:51:11 >>MARTIN SHELBY: It's already continued.

10:51:12 I don't know if the petitioner is here or a representative

10:51:14 to do that.

10:51:14 It's a request to July 18th of 2013 which is quite a

10:51:17 distance away.

10:51:18 There was a concern with regard to notice this far out.

10:51:22 I don't know if staff wishes to address that.

10:51:23 >>BARBARA LYNCH: Land Development Coordination.

10:51:25 Staff has no objection to the request.

10:51:27 But the legal department would like to speak to you about

10:51:32 having the client renoticed.

10:51:33 >>HARRY COHEN: Let's open the public hearing.

10:51:37 We have a motion from Councilwoman Mulhern, seconded by

10:51:40 Councilwoman Montelione.

10:51:43 Please indicate by saying aye.

10:51:45 Anyone who is going to speak, please be sworn.

10:51:51 (Oath administered by Clerk)

10:51:59 I will turn this over to Kate Taylor.

10:52:01 >> Kate Taylor from the city attorney's office.

10:52:07 I just want to make a suggestion to you this morning.

10:52:10 Land development regulations allow you to require petitioner

10:52:13 who is asking for a continuance to provide additional notice




10:52:18 when it comes back.

10:52:19 Now this hearing has already been continued for six months

10:52:22 at this point.

10:52:23 They are asking for an additional six months continuance.

10:52:25 So I would urge you to require them as part of your motion,

10:52:28 if you are inclined to grant the continuance, to require

10:52:31 them to renotice as if this were the original public

10:52:34 hearing.

10:52:34 >>MIKE SUAREZ: I'll make that motion to continue the public

10:52:39 hearing to July 18th, 2013, at 10:30 a.m., with the

10:52:44 provision that all parties be renoticed on this particular

10:52:51 item.

10:52:51 >>HARRY COHEN: We have a motion from Mr. Suarez, a second

10:52:58 by Councilman Reddick and Councilwoman Mulhern.

10:53:02 >>MARY MULHERN: I just want to ask, the renotice will

10:53:05 happen.

10:53:06 Well that happen?

10:53:07 Can we make sure it happens closer to the date?

10:53:11 >> It will happen pursuant to code.

10:53:13 It will just we will be require them to do it exactly as if

10:53:16 they were doing it the first time so it will be

10:53:18 supplemental.

10:53:18 It will be mailed notice to the neighbors.

10:53:20 It will be mailed notice to the neighborhood association.

10:53:24 >>MARY MULHERN: When will it be mailed?




10:53:25 Does it go out now?

10:53:27 Is there any provision?

10:53:29 >> It's 30 days before the public hearing.

10:53:32 >>MARY MULHERN: 30 days prior.

10:53:33 I wanted to make sure.

10:53:36 >>HARRY COHEN: All in favor of Mr. Suarez' motion to the

10:53:38 continue answer please indicate by saying aye.

10:53:40 Opposed?

10:53:41 Okay.

10:53:41 So that item is continued.

10:53:43 We are now on item number 63.

10:53:48 I believe I saw the applicants being sworn.

10:53:52 >>MIKE SUAREZ: Move to open 63 and 65.

10:53:58 >>HARRY COHEN: Motion by Mr. Suarez, seconded by Mrs.

10:54:03 Mulhern.

10:54:03 Please indicate by saying aye.

10:54:07 Okay.

10:54:07 >> Joel Sousa, land development.

10:54:21 V-12, 297.

10:54:23 You originally heard this in November of 2012.

10:54:26 And I would like to go over first reading comments.

10:54:32 The application V-12-297, November 2012.

10:54:37 Property address 2301 North Dale Mabry highway.

10:54:40 The Development Review Committee has reviewed the

10:54:42 application and find it consistent with the applicable City




10:54:45 of Tampa land development regulations with minor revisions

10:54:52 between first and second reading.

10:54:54 CI, commercial intensive, proposed special use is alcoholic

10:54:58 beverage sales, bar-lounge, beer, wine and liquor

10:55:03 consumption on premises only.

10:55:04 They are requesting three waivers now.

10:55:06 Section 27-132, reduce the required minimum distance

10:55:10 separation from 1,000 feet to p 25 feet for residential

10:55:13 uses.

10:55:14 Reduction required minimum distance from 1,000 to 247 feet

10:55:17 from establishments selling alcoholic beverages.

10:55:20 And to allow maneuvering in the right-of-way along Dale

10:55:22 Mabry highway.

10:55:25 I can show you some pictures to remind you.

10:55:36 This is the location of the subject property, just south of

10:55:40 Columbus drive, just north of the I-275.

10:55:45 Subject location right here.

10:55:47 Dale Mabry Highway.

10:55:49 Residential to the rear.

10:55:50 Commercial corridor right here.

10:55:52 And residential up the street.

10:55:57 This is the current subject location of the property, Dale

10:56:02 Mabry, looking north.

10:56:06 Again looking at the property.

10:56:09 This is looking along the side streets, looking northward.




10:56:16 This is looking east towards Sperling.

10:56:21 Along the backside of the property.

10:56:23 This is the area that they will be developing for parking.

10:56:29 Another view of the area behind the building that we use for

10:56:33 parking.

10:56:38 This is on the north side looking south.

10:56:42 Legal nonconforming adult use.

10:56:51 Looking south on Dale Mabry highway.

10:56:55 According to the application submitted the site is occupied

10:56:57 begun an existing two-story, 3,658 square foot retail

10:57:01 building, single tenant establishment.

10:57:04 The request proposes to create 3,090 square feet of outside

10:57:10 sales area, consumption area, total sales area of 6,740,

10:57:15 which was originally 7,273, slight reduction of square

10:57:20 footage.

10:57:21 The site utilizes a very small parking area, two handicapped

10:57:27 parking spaces, proposes now to develop 48 parking spaces,

10:57:31 additional parking spaces on the adjacent lot to the east.

10:57:36 The applicant has revised his previous site plan and reduced

10:57:40 the occupant load from 450 to 197, the stated occupant load,

10:57:47 the parking has been reduced from 113 required to 50.

10:57:54 All agencies find it consistent with the transportation

10:57:58 note.

10:58:00 Also, council should consider the outside music element of

10:58:06 this project.




10:58:13 >>YVONNE CAPIN: Repeat the last statement.

10:58:14 >> Council need to continue to address the outside amplified

10:58:18 mix as previously stated in this project.

10:58:20 >>HARRY COHEN: Mrs. Mulhern.

10:58:28 >>MARY MULHERN: I just wanted, before you finish, ask a

10:58:33 couple of questions about the overhead.

10:58:45 The orange square, is that the entire property?

10:58:47 >> That is the parcel.

10:58:48 >>MARY MULHERN: I see just east of there, along cherry and

10:58:52 north of cherry, that building, I think that you showed it

10:58:55 in another building?

10:59:02 >> This is the building.

10:59:07 That's it right there.

10:59:08 >>MARY MULHERN: Zoned CI.

10:59:12 >> Yes.

10:59:15 >>MARY MULHERN: What I was trying to understand is where

10:59:17 the adjacent -- if there are adjacent to the property

10:59:22 residential.

10:59:23 And I don't see any immediately --

10:59:26 >> The residential is back along here.

10:59:29 >>MARY MULHERN: So it's that far back.

10:59:30 >> This is where the parking area will be.

10:59:32 >> Oh, that's where the parking is.

10:59:34 >> It will be immediately adjacent.

10:59:36 >> So the lawn part to the north is where the parking is?




10:59:40 >> Yes.

10:59:40 >> And where is the patio going to be?

10:59:42 >> Patio area is squeezed between the building to the north

10:59:45 and the subject property.

10:59:46 >>MARY MULHERN: So it's within that orange line?

10:59:48 >> Right in here.

10:59:49 >>MARY MULHERN: Thank you.

10:59:50 >>HARRY COHEN: Councilwoman Capin.

10:59:54 >>YVONNE CAPIN: The parking being proposed, that is property

10:59:56 that they own?

10:59:59 Or is it a lease?

11:00:01 How is that working out?

11:00:11 >>HARRY COHEN: We'll come back to you, petitioner.

11:00:18 Just a question.

11:00:20 My report says that the city finds it inconsistent.

11:00:26 >> That's an error.

11:00:28 That's an error.

11:00:29 That was carried over from the previous staff report,

11:00:31 unfortunately.

11:00:34 On the back you will see we changed that to consistent.

11:00:36 >>HARRY COHEN: Thank you very much.

11:00:39 Any on the questions before we hear from petitioner?

11:00:43 >>LISA MONTELIONE: I just want to make sure that -- I'm

11:00:45 sorry, microphone.

11:00:49 The Development Review Committee on the first page, we are




11:00:51 changing inconsistent to consistent.

11:00:53 But we have got all the different departments, Land

11:00:56 Development Coordination, transportation, solid waste.

11:01:00 So all of the departments now, just to be clear, are all

11:01:04 saying it's consistent, no one has an objection?

11:01:07 >> That's correct.

11:01:08 >>LISA MONTELIONE: Thank you very much.

11:01:10 >>HARRY COHEN: Petitioner?

11:01:11 >> Kimi Corbett for record, 100 N. Tampa Street, suite 2700,

11:01:23 Tampa, Florida 33602. If I could ask permission to

11:01:27 approach, I have got an annotated site plan that I want to

11:01:30 walk you through some of the changes that have been made

11:01:31 since the last time we were here.

11:01:57 I realize it's hard to read on that notation but it was

11:02:00 really just an attempt to give you a guide where to find it

11:02:03 on your larger site plan.

11:02:05 As Joel said, this is a request for a special use 2 permit

11:02:08 to allow alcohol, alcoholic beverage sales, consumption on

11:02:12 premises only, and the request is for a bar.

11:02:16 And I think if you recall from last time, we talked about

11:02:19 some of the quirks in your code that don't allow us to

11:02:23 proceed as a restaurant without having to have an annual

11:02:26 audit requirement, that 51% of our revenue comes from food

11:02:30 and nonalcoholic beverages.

11:02:32 This property is going to utilize a quota license so will




11:02:37 not have the administrator license like many restaurants

11:02:41 with an SRXR, so to avoid the annual audit and go through

11:02:46 the expense of that, we proceeded as a bar.

11:02:48 That bar actually triggers two of the four actual waivers

11:02:51 that we are requesting.

11:02:52 Joel mentioned three, but then he commented that we need to

11:02:55 address amplified music.

11:02:57 Allowing outdoor amplified music at a bar is a waiver to

11:03:01 your code.

11:03:01 So we are asking for a waiver to that code provision.

11:03:05 And I will walk you through what we submitted in a moment.

11:03:09 >>LISA MONTELIONE: I don't mean to stop you, but it seems

11:03:19 that -- no?

11:03:20 I just wanted to make sure that legal didn't have an issue

11:03:23 with what you were saying.

11:03:24 >> Okay.

11:03:25 So essentially, when we talked about -- we were talking last

11:03:30 time about the amplified music, and we had requested

11:03:32 amplified music last time, and I think again, this is caused

11:03:36 by the confusion in the code and the difference between a

11:03:39 restaurant and a bar.

11:03:40 So the intent of my client is to operate a sports bar and

11:03:44 grill.

11:03:45 So to address that, we have as previously discussed here, at

11:03:53 the bottom annotation indicates where we have limited the




11:03:57 site plan, that we will be everything -- food will be during

11:04:03 all operational hours for the business.

11:04:06 So it's going to function as a restaurant.

11:04:07 And we have included that restriction on the site plan.

11:04:10 >> Let me just stop you.

11:04:12 We are having a little bit of difficult because our staff

11:04:15 report doesn't appear to be entirely consistent with what

11:04:20 you are saying.

11:04:21 So I want to just make sure everyone is able to follow along

11:04:25 with what he just said.

11:04:29 You are also asking for a waiver for amplified music?

11:04:32 >> Correct.

11:04:33 >> And that is not, I don't think, listed here.

11:04:36 >> Right.

11:04:36 >>HARRY COHEN: It's on the site plan.

11:04:39 Okay.

11:04:40 Is there anything else?

11:04:43 Councilwoman Capin.

11:04:45 >>YVONNE CAPIN: Finish your presentation and then I will

11:04:46 have some questions.

11:04:48 She may answer it before.

11:04:49 >>> Right.

11:04:51 And I will walk through the waivers first.

11:04:53 And again, if we are in the Westshore overlay district.

11:04:57 And the minimum distance separation requirement for 250




11:05:02 feet, proceeding as a restaurant.

11:05:05 We don't have a residence within 250 feet.

11:05:08 Our nearest residence is 325 feet away.

11:05:11 So proceeding as a bar means we have to ask for the distance

11:05:14 separation waiver for the residential use.

11:05:15 Also, if we were a restaurant, I don't believe we would need

11:05:18 a waiver for outdoor amplified music but the code says if

11:05:22 you are going to grant an alcoholic beverage permit for a

11:05:25 bar, out door amplified music is prohibited unless you grant

11:05:29 the waiver.

11:05:30 And so that is what we are requesting a waiver for,

11:05:33 consistent with what we presented to you last time, is that

11:05:35 we did desire to have outdoor amplified music, and we have

11:05:39 agreed on the site plan notations that that would not

11:05:42 continue beyond 10 p.m.

11:05:43 And to mitigate that we have also added the hours requiring

11:05:49 that food be prepared during all hours of preparation and

11:05:52 also added on the northern boundary where the patio is.

11:05:56 Normally code would not require a 5-foot hedge but we have

11:05:59 included on the site plan a 5-foot hedge to help mitigate

11:06:03 the sound.

11:06:04 As you heard from Councilwoman Mulhern's questions, we

11:06:07 really don't have a residential use that's directly adjacent

11:06:10 to where the sports bar and grill is going to be located.

11:06:13 And just to clarify a couple of things about your earlier




11:06:16 questions, Councilwoman Capin, this is actually now going to

11:06:19 be considered as one zoning lot by the City of Tampa, even

11:06:23 though the boundaries of the alcoholic beverage sales will

11:06:28 be that orange box.

11:06:31 This entire site plan that you see was considered to be just

11:06:35 one zoning within the City of Tampa and is currently owned

11:06:40 by the same owner and leased by the same lessee of both

11:06:44 properties.

11:06:44 So there's commonality between the two.

11:06:46 And the owner Nick MADACINI was at the last hearing but is

11:06:56 not with us today, and is in agreement with what we are

11:06:59 proposing.

11:06:59 As I mentioned, we are requesting four waivers.

11:07:04 One waiver to the separation location to allow for

11:07:09 separation of 325 feet from a residential use.

11:07:15 Another waiver for separation from another alcoholic

11:07:18 beverage use, which is 247 feet.

11:07:21 And then we are asking for a waiver for maneuvering in the

11:07:26 right-of-way.

11:07:26 The last time we had some questions about maneuvering in the

11:07:29 right-of-way.

11:07:29 And I just want to put up a picture to show you exactly

11:07:34 where we are maneuvering.

11:07:45 You can see, Dale Mabry is actually out here.

11:07:48 And then there is landscaping.




11:07:50 There's a sidewalk.

11:07:51 And then there's pavement.

11:07:53 That's exacting pavement is where we are asking for the

11:07:56 waiver to be allowed to maneuver.

11:07:58 We are not asking to maneuver back into Dale Mabry Highway.

11:08:01 We are asking to utilize this FDOT reserved right-of-way to

11:08:06 continue to use it as cars located there now.

11:08:12 Cars are moving and operating in that right-of-way.

11:08:14 It's to allow us to have the handicapped spaces up front,

11:08:17 outside the building rather than back in the parking lot.

11:08:20 And to think that that is already used that way up and down,

11:08:24 where the same pattern exists up and downed Dale Mabry, that

11:08:28 the waiver is justified in this instance I.did add a

11:08:30 notation, made a clarification that you will see on the site

11:08:33 plan, where we are very specific about where the

11:08:36 right-of-way maneuvering would be, that it would be in this

11:08:38 location here, and that we would not be seeking additional

11:08:41 access points onto Dale Mabry to clarify what that waiver

11:08:46 was being requested for.

11:08:47 >>HARRY COHEN: Okay.

11:08:49 >> And then the last is the -- request for the waiver to

11:08:55 allow for outdoor amplified music.

11:08:57 We have added that additional landscape buffering on the

11:08:59 northern hedge.

11:09:02 I think we are a significant distance from any residential




11:09:05 use and we have added the provision for food service at all

11:09:07 times.

11:09:08 And I'm available to answer any questions if you have them.

11:09:13 >>YVONNE CAPIN: This building that's behind it, that exists,

11:09:17 there is that building that's right behind the orange

11:09:19 square.

11:09:20 If you put this back up on the overhead, I just want to

11:09:25 point out something here.

11:09:28 And also on the site plan.

11:09:32 You have stated 10 p.m.

11:09:33 It says 11 p.m.

11:09:37 Which one is it?

11:09:46 It's 11?

11:09:47 Okay.

11:09:49 I would agree, I see where the homes are.

11:09:54 And the fact that this building is behind it, that alone

11:09:56 would be a buffer for noise.

11:10:00 But if you look at the overhead, bring it down a little bit

11:10:03 more toward the top.

11:10:04 There's a huge CI at the very top there, the large parcel

11:10:10 that was the hotel at the very, very top on the left.

11:10:15 All the way to the top.

11:10:17 >> To your left.

11:10:23 >>YVONNE CAPIN: West of Dale Mabry.

11:10:23 That corner piece right there.




11:10:25 That was the hotel.

11:10:29 And on that property was a Green Iguana.

11:10:33 And you can see it on there where it's at.

11:10:38 And you see the homes here.

11:10:43 On this side, when we talk about outdoor amplification, the

11:10:47 people in Lincoln Gardens that lived along this street, and

11:10:53 behind it, which has this whole entire hotel, now, their

11:10:59 hours were not 11 p.m.

11:11:02 They were much later.

11:11:04 And I remember I personally, during my campaign, stopped at

11:11:10 the Green Iguana with a campaign worker to have a late

11:11:14 dinner, and we could not hear each other speak, and we were

11:11:18 outside.

11:11:19 So I remember that.

11:11:22 But what I'm looking at here is very different.

11:11:26 But I want to point out that just because it on Dale Mabry

11:11:29 doesn't mean that it doesn't impact residents, because it

11:11:32 did on there, the Green Iguana.

11:11:36 I do remember that.

11:11:37 Also, when I look at this, 11 p.m. is reasonable.

11:11:43 And I do believe that the distance -- I'm looking at this.

11:11:48 You have answered the question as to they don't own the

11:11:52 property, but it's a continuous -- it leases with the

11:11:58 building.

11:12:00 It's the same amount of time on the lease.




11:12:08 >> The same amount, and the other, regardless of what you

11:12:13 have, the City of Tampa considers this to be one zoning lot

11:12:17 so the use that was approved on this wanted to be changed in

11:12:20 any way would have to come back to City Council.

11:12:25 >>YVONNE CAPIN: Okay.

11:12:26 That, and I highlighted -- just one second here.

11:12:30 Food service shall be available all hours.

11:12:32 I appreciate that.

11:12:37 In my opinion, you have done a really diligent job in

11:12:40 bringing this to compliance.

11:12:48 That was all that I wanted to point out.

11:12:51 Thank you.

11:12:51 >> Thank you.

11:12:52 I also have another picture of that commercial building that

11:12:55 may give you a little more comfort.

11:13:03 >>HARRY COHEN: Councilwoman Mulhern.

11:13:05 >>MARY MULHERN: Thank you.

11:13:10 I have my reading glasses now but I still can't find where

11:13:14 the hours for the music are on the site plan.

11:13:16 >> It's the second-to-last general note.

11:13:25 It on the full size site plan.

11:13:27 If you open the full size site plan it's actually on there.

11:13:30 >>MARY MULHERN: And that's 11 p.m. every night?

11:13:37 Seven nights a week?

11:13:38 I guess my question then, Councilwoman Capin is our




11:13:45 amplified music specialist.

11:13:47 Since you raise the point about even though these venues on

11:14:00 Dale Mabry and there's still residential so they can hear

11:14:03 it, I want to know if that's what we have been doing.

11:14:06 We have been trying to stay consistent, and I know we are

11:14:08 going to try to address this in our codes and in workshops.

11:14:12 But is that what we have been doing?

11:14:15 Maybe it was 10:00 on weeknights or something?

11:14:21 >>YVONNE CAPIN: We did have one in Hyde Park that came to

11:14:23 us, and it was a certain hour during the week and a little

11:14:26 bit later on the weekend.

11:14:29 The neighborhood was here, and it was discussed.

11:14:36 That is consistent in that amplified music has to have a

11:14:45 waiver so we have to be satisfied that the neighborhood is

11:14:47 not going to be impacted by this past a reasonable hour.

11:14:55 And I'm trying to --

11:14:57 >>MARY MULHERN: I'm wondering if it would be better to have

11:15:01 10:00 on the week natures especially since somebody brought

11:15:03 up 10:00.

11:15:09 Maybe Sunday through Thursday.

11:15:15 10:00.

11:15:15 And then Friday and Saturday, 11.

11:15:23 >>YVONNE CAPIN: What are your hours of operation?

11:15:25 >>HARRY COHEN: I have Mr. Suarez and Mrs. Montelione

11:15:27 waiting.




11:15:28 Why don't we let them speak and then we'll come back to

11:15:31 this.

11:15:31 >>MIKE SUAREZ: Ms. Corbett, I'm looking at the site plan.

11:15:37 How are your patrons going to get to the bar?

11:15:43 What I'm seeing is you have got a hedge going around, which

11:15:46 we really appreciate.

11:15:47 How are they getting to your bar?

11:15:50 Or the restaurant, excuse me.

11:15:51 >> There is actually a pedestrian route that we have to show

11:15:54 that's on the site plan.

11:16:00 They didn't do it to site design standards because we are

11:16:03 not at that stage yet.

11:16:04 But it actually goes along Palmetto and around in front on

11:16:11 Dale Mabry.

11:16:11 We are going-going to have to install sidewalks.

11:16:15 >> You are going to have to go around.

11:16:17 There's no other way because you have got that building

11:16:20 that's there.

11:16:22 You are buffering.

11:16:23 And I think they have a step there also.

11:16:28 So they are going to have to come all the way around?

11:16:31 >> Yes.

11:16:32 >>MIKE SUAREZ: I was very curious, because of course, you

11:16:35 know, the impact of the parking is one thing.

11:16:37 But then you have a lot of patrons will be coming around,




11:16:40 too. And I know that the front side, the frontage towards

11:16:45 Dale Mabry, that's going to be -- that's buttressed by the

11:16:50 parking for the other building, correct? Okay.

11:17:01 Music is one of the things we have been talking about.

11:17:04 When they are -- and correct me if I am wrong, my colleagues

11:17:10 will, I know they will -- typically we have been doing

11:17:12 10 p.m., when it is encroaching directly on a neighborhood

11:17:17 behind.

11:17:18 I know that you requested 11 p.m. as a waiver to what you

11:17:23 usually do on amplified music.

11:17:25 I think that's kind of the clarification.

11:17:27 Here, we have not only the buffers that are -- that you are

11:17:31 going to be putting up but there's a buffer of a building in

11:17:33 addition to that.

11:17:34 So I think is that correct?

11:17:37 Is that the reason why you are asking for the 11 p.m. versus

11:17:39 10 p.m.?

11:17:41 >> I just misspoke when I said 10 p.m. in my presentation.

11:17:46 >>MIKE SUAREZ: Well, I gave you a lot more credit.

11:17:54 We prefer honesty and we appreciate that, though.

11:17:57 Thank you, Mrs. Corbett.

11:17:59 >>LISA MONTELIONE: I think from what Mr. Suarez pointed out

11:18:03 was the same thing.

11:18:05 I am not going to go there again.

11:18:08 But 11:00 on this site is appropriate, because it's not




11:18:12 abutting a neighborhood, and I think you pointed that out,

11:18:15 Mrs. Capin.

11:18:16 I think you pointed that out, Mr. Suarez.

11:18:18 I think you are going to regret saying those two words for a

11:18:21 long time.

11:18:22 [ Laughter ]

11:18:23 So I would support 11 p.m.

11:18:24 >>HARRY COHEN: Mr. Reddick, anything on this round?

11:18:31 >>FRANK REDDICK: I just have two questions.

11:18:32 One, have you had any communication with the neighborhood?

11:18:34 >> We noticed the neighborhood.

11:18:36 And we have not had any objection.

11:18:39 One communication we had from a neighbor, and that's another

11:18:42 notation you see on the site plan.

11:18:49 We added three palm trees here at the request of that CI

11:18:55 property owner who asked, we had originally showed that with

11:18:58 no landscaping there and we showed we are removing three

11:19:01 palm trees and he said if you are removing those three palm

11:19:04 trees to make room for that retention pond, can you put them

11:19:07 on our property line?

11:19:08 So we said we would and we are showing that on the site plan

11:19:10 to demonstrate that commitment to do that.

11:19:13 >>FRANK REDDICK: Okay.

11:19:15 And the final question is, do you have any objection to

11:19:22 closing at 10 on weekdays?




11:19:24 >> Our preference two 11 p.m. time.

11:19:26 >>HARRY COHEN: Before I go to the second round, I agree

11:19:33 with Councilwoman Montelione and Suarez and the others that

11:19:38 we are okay with the 11:00.

11:19:40 I think given the site plan, and some of the considerations

11:19:44 that we normally take into account, that 11 p.m. is

11:19:47 appropriate in this location.

11:19:50 Second round.

11:19:52 Councilwoman Mulhern.

11:19:53 >>MARY MULHERN: I was going to push for the 10:00 on

11:19:58 weeknights.

11:19:59 It doesn't sound like I am going get support for it.

11:20:01 But I want to say because I am constantly, in the past week

11:20:05 since the last time we dealt with zoning, which had to do

11:20:08 with bars, restaurants, noise, I'm hearing from people all

11:20:12 over the city about, you know, enough is enough.

11:20:17 So I kind of feel like it's better for us to limit you to

11:20:20 that 10:00 now because if we don't, we can't hear these

11:20:23 complaints and come back and say, you know, this is a

11:20:27 problem, we have no recourse to change it.

11:20:30 So I think if you could accept that 10:00 on the weeknights,

11:20:36 you will have the option of coming back, raise some kind of

11:20:40 real difficulty.

11:20:41 I don't think it will.

11:20:42 I think you turn the switch, turn the speakers off at 10:00




11:20:46 since people are going bed, putting their kids to bed. We

11:20:49 don't know -- you know, we are finding out now that we don't

11:20:52 even have a way to measure the sound, it's hard to even

11:20:55 enforce it.

11:20:56 We know we have it on the books that you have to stop at 10,

11:20:59 we won't run into any problems.

11:21:01 So that's my argument and we'll see.

11:21:03 >>HARRY COHEN: Okay, anyone else?

11:21:06 Councilwoman Capin?

11:21:08 >>YVONNE CAPIN: I know that there have been some bars in the

11:21:12 city that have put up in their outdoor area a wall of

11:21:20 soundproofing.

11:21:23 It is a product that is sold that can bring that about.

11:21:29 Again, I am looking at this.

11:21:32 As you all well know, that is one of the things that I

11:21:35 always looked at, is the outdoor amplification.

11:21:38 And in this case, I understand.

11:21:43 What I'm looking at the residence, where they are at, I'm

11:21:46 looking at the parking.

11:21:47 There is a pond, there is -- because I even thought of the

11:21:50 parking noise, because people make noise when they are going

11:21:53 into their cars which disturbs the residents that are there.

11:21:56 But what you have here -- and correct me if I am wrong -- on

11:22:00 the residential street of Sterling is a pond with

11:22:04 landscaping around it, correct?




11:22:08 So there is a distance between even the parking lot and

11:22:11 Sterling.

11:22:12 I did observe all that.

11:22:14 And I'm okay with 11 p.m. on this particular property.

11:22:24 And I know we have taken it up.

11:22:28 It's not always -- it's always let's look at this and decide

11:22:34 what would be the best for the area and the residents, and

11:22:37 the business that's there.

11:22:39 What are the operating hours?

11:22:40 Is it 11 p.m.?

11:22:43 I didn't ask that.

11:22:44 >> no, much later.

11:22:46 The full operating hours, or -- I don't have my glasses on.

11:22:51 3 a.m.?

11:22:54 >>YVONNE CAPIN: I feel that you want to amplify music

11:22:59 indoors you can do that till your ears bleed, but outside it

11:23:04 affects the neighborhood.

11:23:04 So 11 p.m. I'm okay with that.

11:23:06 And in this particular parcel.

11:23:10 >>HARRY COHEN: Thank you.

11:23:12 Let me -- I'm sorry?

11:23:14 Mr. Reddick?

11:23:16 >>FRANK REDDICK: And the reason for the suggestion of

11:23:21 10 p.m., in that area, most of those people are senior

11:23:24 citizens.




11:23:25 And, you know, you can put palm trees.

11:23:30 Music travels.

11:23:32 I mean, that's why you hear people down here always talking

11:23:35 about the noise ordinance.

11:23:37 That's why you hear people always talking about sitting up

11:23:43 in houses with windows shaking.

11:23:45 Music travels.

11:23:46 So I don't think there's no palm tree in this world that can

11:23:50 knock the sound of music.

11:23:52 And I don't think those palms, no fish in a pond will stop

11:23:59 the sound of music.

11:24:02 So I'm very familiar with that neighborhood.

11:24:05 And they went through this just recently.

11:24:10 And one of the greatest joys they had on Dale Mabry was

11:24:13 somebody put a car shop because they were tired of the

11:24:25 noise, and these people are senior citizens.

11:24:27 So I will not support knowing -- people don't stay up late.

11:24:36 They go to bed early.

11:24:38 And if they are going to be affected by noise at 11:00 at

11:24:41 night, that might be good for someone that's young, but

11:24:47 those people that live in that area, that neighborhood, they

11:24:50 are old, senior citizens.

11:24:52 And I don't think it's fair to them.

11:24:54 So I will accept 10.

11:24:57 >>HARRY COHEN: Councilwoman Capin.




11:25:05 >>YVONNE CAPIN: The reference with the palms is in reference

11:25:08 to parking, not in reference to the noise level.

11:25:11 There is a building right behind it.

11:25:16 These are all noise absorbing.

11:25:18 We all know that.

11:25:20 There's a building right next to it.

11:25:21 And there's a building behind it.

11:25:24 And that is noise absorbing.

11:25:26 What we had, the situation where the hotel was, it was very

11:25:33 open.

11:25:33 You can see the parking.

11:25:35 There is nothing to buffer that sound.

11:25:39 We are here -- here you do have that.

11:25:43 And that's the only reason I would even consider 11.

11:25:47 >>HARRY COHEN: Why don't we go ahead and ask if there's

11:25:56 anyone here in the public that would like to speak on this

11:25:59 item?

11:26:01 Okay. I don't see anyone.

11:26:05 We have a motion to close by Mr. Reddick, seconded by Mrs.

11:26:08 Mulhern.

11:26:09 All in favor?

11:26:12 Okay.

11:26:12 I think that I will ask Councilwoman Montelione to take the

11:26:17 ordinance.

11:26:17 >>LISA MONTELIONE: Thank you.




11:26:20 Item number 64.

11:26:26 63, I'm sorry.

11:26:27 My apologies.

11:26:28 I move an ordinance being presented for first reading

11:26:31 consideration, ordinance approving special use permit S-2

11:26:34 for alcoholic beverage sales, bar lounge on premises only

11:26:37 and making lawful the sale of beverages regardless of

11:26:39 alcoholic content, beer wine and liquor on that certain lot,

11:26:42 plot or tract of land located at 2301 North Dale Mabry

11:26:46 highway, Tampa, Florida as more particularly described in

11:26:48 section 2, and that all ordinances or parts of ordinances in

11:26:53 conflict are repealed, providing an effective date including

11:26:55 the revision sheet that was provided by staff.

11:26:58 >>MIKE SUAREZ: Second.

11:27:04 >>HARRY COHEN: Seconded by Councilman Suarez.

11:27:07 Any discussion by council members?

11:27:09 >>MARY MULHERN: I just want to make sure that all the

11:27:10 waivers are on the site plan.

11:27:12 That first waiver is on it.

11:27:20 We are going to have to open the public hearing if we are

11:27:22 going to take any additional testimony.

11:27:23 >> Move to open the hearing.

11:27:26 >> Second.

11:27:27 >>HARRY COHEN: Motion from Mr. Suarez, seconded by Mrs.

11:27:31 Mulhern.




11:27:34 All in favor?

11:27:35 >> We will make sure that that's on the site plan between

11:27:40 first and second reading.

11:27:43 The limitation on hours is on there but it's not in the

11:27:46 waiver box.

11:27:46 We will make sure it's in the waiver box.

11:27:48 And then transportation also asked us to make similar

11:27:51 revisions.

11:28:00 >>YVONNE CAPIN: Move to close.

11:28:03 >>MARY MULHERN: Second.

11:28:05 >>HARRY COHEN: All those in favor indicate by saying aye.

11:28:07 Okay.

11:28:08 Mr. Shelby, do we need to read the ordinance again?

11:28:11 No.

11:28:11 Okay.

11:28:11 So we have a motion from Councilwoman Montelione.

11:28:14 Seconded by Councilman Suarez.

11:28:16 All those in favor please indicate by saying aye.

11:28:21 Opposed nay.

11:28:22 >>FRANK REDDICK: Nay.

11:28:24 >>THE CLERK: Motion carried with Reddick voting no and

11:28:27 Miranda being absent at vote.

11:28:29 Second reading of the ordinance will be held February

11:28:32 7th at 9:30 a.m.

11:28:34 >>HARRY COHEN: Thank you very much.




11:28:38 Okay.

11:28:38 We are going to move on.

11:28:40 Item 62 was -- excuse me, item number 64 has requested a

11:28:48 continuance.

11:28:49 Do we need to open that hearing in order -- it's already

11:28:55 been done.

11:29:01 Is there anyone in the public that would like to speak to

11:29:03 the continuance only?

11:29:08 Seeing no one, motion to continue to the date and time.

11:29:14 Go ahead.

11:29:14 >>LISA MONTELIONE: Motion to move item 62, C-12-11 to

11:29:29 February 1st.

11:29:32 >>MIKE SUAREZ: Second.

11:29:34 >>HARRY COHEN: On a close vote with Councilwoman Mulhern.

11:29:37 All in favor?

11:29:38 Opposed?

11:29:39 Okay.

11:29:40 We are an now item number 65.

11:29:55 >> Case V-13-24, 410 South Howard Avenue.

11:30:15 Applicant's name is Michael Disser.

11:30:17 Developmental review committee reviewed the application and

11:30:20 finds it inconsistent with the applicable City of Tampa land

11:30:23 development regulation was minor site plan revisions

11:30:25 required between first and second readings.

11:30:28 The current zoning district is CG commercial general.




11:30:30 The proposed special use alcoholic beverage sales, bar,

11:30:35 lounge, beer, wine and liquor, consumption on premises only.

11:30:38 They are requesting five waivers.

11:30:42 To reduce the required minimum distance separation, 1000 to

11:30:44 62 feet to further establishments selling alcoholic

11:30:49 beverages, reduce the required minimum distance separation

11:30:51 from 1,000 to 33 feet for residential uses, reduce the

11:30:56 required parking from 35 to 16 spaces, to decrease the

11:31:02 minimum aisle width to 21 feet, allow commercial traffic

11:31:08 access onto a local street.

11:31:11 We'll show you some photographs of the locations.

11:31:16 This is an aerial of the building.

11:31:23 This is the property here, the fro two structures right

11:31:25 here.

11:31:25 It is Howard Avenue.

11:31:26 It's south of Kennedy.

11:31:28 North of Bayshore.

11:31:29 This is McDintons right here.

11:31:35 This is Howard Avenue.

11:31:37 And Swann is just here.

11:31:44 This is a picture of the location looking off of Howard

11:31:49 Avenue. This is the primary structure where the bar is

11:31:54 located.

11:31:58 Upstairs residential unit.

11:31:59 Downstairs bar area with seating and outside patio. You




11:32:05 also have a commercial building with a number of commercial

11:32:07 uses here.

11:32:12 This is across the street.

11:32:13 This is MacDinton's across the street.

11:32:17 This is a look towards the subject property from the corner.

11:32:21 This is the aerial.

11:32:23 This is the commercial building here.

11:32:26 Here is the structure where the restaurant -- the bar is

11:32:29 located.

11:32:30 A look down Horatio.

11:32:36 Just to the south looking north.

11:32:37 It shows the commercial building.

11:32:42 Here is a look at the alley to the rear with residential

11:32:44 across.

11:32:48 This is Horatio, the side street to the north.

11:32:53 Here is a look down south, down Howard Avenue.

11:33:00 Look to the north.

11:33:03 Another look to the south.

11:33:08 According to the application submitted, the site is occupied

11:33:11 by two existing structures containing three distinct uses.

11:33:15 A bar/lounge, a second floor three bedroom apartment, and a

11:33:18 multi-tenant commercial building, all totaling 8,252 square

11:33:23 feet.

11:33:24 Existing restaurant space now approved for beer, wine and

11:33:29 consumption off premises and beer wine package sales




11:33:32 consumption off premises currently comprises 2,977 square

11:33:36 feet of indoor and outdoor sales area of the first floor

11:33:40 only.

11:33:41 The current proposal remains on the first floor and reduces

11:33:43 the alcohol and beverage sales area, from 2,977 to 2,353

11:33:51 square feet.

11:33:53 Reduction of 624 square feet.

11:33:55 The revised sales area will consist of 1,751 square feet of

11:34:00 indoor sales area and 601 square feet of outside AB sales

11:34:05 area for a total 2,356 square feet.

11:34:12 The applicant proposes to change uses from restaurant, bar

11:34:14 lounge, has beer wine and liquor for consumption on premises

11:34:18 only and eliminate the package sales element for beer wine

11:34:22 that currently exist. The site currently utilizes surface

11:34:26 parking which contains 16 parking spaces.

11:34:28 They do not currently meet required ratio for parking

11:34:31 spaces.

11:34:32 The applicant is proposing to reduce the parking from 35 to

11:34:36 16 parking spaces.

11:34:37 The applicant recently went through a design exception 1 to

11:34:42 obtain off-site parking which was denied yesterday by Land

11:34:45 Development Coordination offices.

11:34:47 Ideally, they were going to supplement their parking with

11:34:51 some of the off-site, because it's not conveniently located

11:34:55 to the site, was denied by land development.




11:34:58 I have a copy of that letter, if you all require.

11:35:00 >>HARRY COHEN: We have a question from Councilwoman

11:35:05 Mulhern.

11:35:05 >>MARY MULHERN: Thank you.

11:35:06 Can you clarify for me what the change is, what rights they

11:35:11 have right now?

11:35:18 >> I can pull the site plan and show you that.

11:35:28 Basically, before, prior to, the first floor area, and it

11:35:37 also included -- I don't know why -- but it's garage.

11:35:45 A new petition is eliminating this area.

11:35:47 I don't know why it was.

11:35:49 Maybe they stored alcohol and beverage in there.

11:35:51 I don't know.

11:35:52 But this is parking for the three bedroom apartment up on

11:35:58 the second floor.

11:35:58 >>MARY MULHERN: What is there right now and what is the use

11:36:03 that they have?

11:36:04 >> Right now --

11:36:06 >> Is this changing the footprint that they are asking for?

11:36:10 >> They are taking away this.

11:36:13 They are taking away the package sales component.

11:36:15 And they are increasing the beer wine and liquor.

11:36:20 And they are going to be extending their hours.

11:36:24 >> Wait a minute.

11:36:26 They currently, do they have on premises consumption and




11:36:30 package now?

11:36:31 >> Yes, they do.

11:36:32 >> But not -- where is it not at this time?

11:36:36 They don't have an outside area right in and out?

11:36:38 >> Yes, they do.

11:36:39 >> Is it permitted?

11:36:42 >> Expanding by roughly 200 square feet.

11:36:46 But they are taking away this area.

11:36:47 >> So what did this look like before?

11:36:51 What I'm looking at right now on this site plan, that's what

11:36:54 they are asking for?

11:36:55 >> That's what they are asking for.

11:36:56 >>MARY MULHERN: Can you draw on there where they have --

11:37:03 >> I brought this for you.

11:37:05 This is the old last approved permit of this property.

11:37:08 And this shows where the area was here, that was wet, this

11:37:14 here, and this --

11:37:16 >> That's not helping me.

11:37:18 Just draw on there where -- outline where they have outdoor

11:37:24 areas use now.

11:37:25 >> Basically, right here.

11:37:27 >> They are only asking for --

11:37:37 >> Also extend it out a little here.

11:37:39 Coming in a little here.

11:37:40 So it extend a little bit outside this line.




11:37:43 I had to go back to previous legal and pull that.

11:37:45 >>MARY MULHERN: Okay. But the additional, how much

11:37:48 additional outdoor square footage?

11:37:51 >> 200 square feet.

11:37:55 >>HARRY COHEN: Councilwoman Montelione.

11:38:01 >>LISA MONTELIONE: You just said about 200 square feet but

11:38:04 I'm looking at the first page of the staff report.

11:38:05 And it says the application proposes to tad ability to sell

11:38:12 wine, liquor, an additional 115 feet.

11:38:14 >>HARRY COHEN: Mrs. Mulhern.

11:38:25 >>MARY MULHERN: I'm sorry I didn't ask this before because

11:38:27 I was so confused by the site plan.

11:38:29 But the other change Mr. Shelby was pointing out to me, now

11:38:33 they are a restaurant, and they are asking to be a bar.

11:38:37 Thank you.

11:38:40 That's what wasn't clear.

11:38:41 Somehow, there used to be somewhere it would say, from this

11:38:47 to that, either on our agenda or staff report or something.

11:38:56 >> They weren't required to be a restaurant.

11:38:58 They could have been required to be a restaurant through

11:39:01 their previous -- I don't know if it was wet zoned alcohol

11:39:04 because you can't have offpremises sales.

11:39:06 But they weren't required.

11:39:08 They just happened to be a restaurant.

11:39:09 >>MARY MULHERN: What?




11:39:10 >>REBECCA KERT: They weren't required to be a restaurant.

11:39:15 They were factually a restaurant.

11:39:17 They could have been a bar.

11:39:18 They were allowed to be a bar.

11:39:20 Does that make sense?

11:39:22 >>MARY MULHERN: They did not have the -- what did we used

11:39:25 to call it?

11:39:27 >>REBECCA KERT: It used to be an records.

11:39:28 Now it's restaurant.

11:39:30 They were not an records.

11:39:32 They were not required to be a restaurant.

11:39:33 They were a restaurant but they had the ability through the

11:39:36 permit that was given to them by council to be a bar.

11:39:39 >> It was zoned as a bar and we used to call that what?

11:39:45 >> It probably would have been a 2(COP) without an X because

11:39:50 they were allowed package sales.

11:39:52 None of the prior categories or your current categories that

11:39:54 require them to be a restaurant allowed package sales.

11:40:00 By code they were allowed package sales.

11:40:02 Therefore they were not required to be a restaurant.

11:40:06 >>MARY MULHERN: This is confusing to me.

11:40:08 Was that because we didn't understand?

11:40:11 >>REBECCA KERT: I can't answer whether or not City Council

11:40:16 understood.

11:40:18 [ Laughter ]




11:40:19 >>MARY MULHERN: It was zoned as a restaurant -- no, it

11:40:25 whats a restaurant.

11:40:26 >>REBECCA KERT: It was always a restaurant.

11:40:28 >>MARY MULHERN: And did they have beer, wine and liquor

11:40:33 sales allowed on premises?

11:40:36 >>REBECCA KERT: I am going to say this again.

11:40:38 They were allowed beer and wine sales on premises and as

11:40:43 package sales.

11:40:44 >>MARY MULHERN: So we are adding liquor.

11:40:45 That's part --

11:40:48 >>REBECCA KERT: Adding liquor.

11:40:49 >>MARY MULHERN: That is not a hard thing to explain.

11:40:52 >> I didn't think so.

11:40:53 >>MARY MULHERN: Well, no one explained it.

11:40:55 And it's not clear.

11:40:56 In our paperwork.

11:40:59 So you have to make that more clear what exact changes

11:41:03 people are asking for when we are supposed to be voting on

11:41:06 it.

11:41:06 >>HARRY COHEN: Councilwoman Capin.

11:41:09 >> I'm wondering here.

11:41:20 Is in fact a restaurant.

11:41:21 I understood all of that.

11:41:22 But I'm wondering because that was allowed, and now they are

11:41:26 asking to be a bar, lounge, correct?




11:41:31 And they are not asking for a waiver on outdoor

11:41:34 amplification.

11:41:35 Therefore, on their outdoor patio they will have no outdoor

11:41:39 amplification?

11:41:40 >> I have not made this point.

11:41:45 >> Because it's not being asked for the way I understood.

11:41:48 Because it has to be asked for.

11:41:52 So it's not being asked for.

11:41:55 Therefore, it cannot be there.

11:41:56 >> Any other questions from council members before we hear

11:42:03 from the petitioner?

11:42:04 >> Officer Don Miller, City of Tampa police department.

11:42:11 The only thing -- concern the chief had when I brought this

11:42:14 case to her and her staff was as always anything -- we are

11:42:20 concerned about parking and we want that to be a

11:42:22 consideration, because that's always been a big problem in

11:42:24 that area.

11:42:25 That's our only concern by the police department.

11:42:27 Other than that we have no objection.

11:42:29 >>HARRY COHEN: We will hear now from the petitioner.

11:42:32 >> Michael Disser, 3624 west Santiago street, I'm here to

11:42:44 answer any questions for you.

11:42:45 >>HARRY COHEN: Any questions from council members?

11:42:49 >>YVONNE CAPIN: Okay.

11:42:51 What we have now for parking is 16 spaces.




11:42:55 So it will be a waiver from 35 to 16 spaces.

11:42:59 >> Yes.

11:43:00 But my particular use, I need parking spaces.

11:43:07 The whole state needs 35.

11:43:10 Does that make sense?

11:43:12 >>YVONNE CAPIN: No.

11:43:13 >> The applicant is attempting to correct the whole site.

11:43:21 If he has increase in intensity he has to address the needs

11:43:25 for all the other uses on the site.

11:43:27 That's why the whoa total site requires 35.

11:43:31 That's his current occupant load.

11:43:33 >> How many uses on the site?

11:43:34 >> You have got the residential apartment up above.

11:43:37 You have that commercial building also on the site.

11:43:44 >>YVONNE CAPIN: All right.

11:43:44 Thank you.

11:43:44 >>HARRY COHEN: Other questions from council?

11:43:48 Councilwoman Montelione.

11:43:50 We don't have a motion to close until we hear from the

11:43:53 public.

11:43:53 I want to make sure other council members don't have any

11:43:56 questions.

11:43:57 Councilwoman Mulhern.

11:43:58 >>MARY MULHERN: I have an additional question for Mr.

11:44:02 Sousa.




11:44:05 Sorry.

11:44:05 On the application where they list the distance separation,

11:44:10 the distance separation waiver, there are 17 establishments

11:44:19 list, does that mean they all sell liquor or beer and wine?

11:44:30 >> Beer and wine, liquor.

11:44:32 >> All right.

11:44:33 Thanks.

11:44:33 >> Okay.

11:44:37 If there are no more questions from council members, I would

11:44:39 like to ask if there's anyone here from the public that

11:44:41 would like to speak on this item.

11:44:44 Have you all been sworn?

11:44:49 Anyone who is planning on speaking, please be sworn.

11:44:51 Now is your opportunity.

11:44:54 (Oath administered by Clerk)

11:45:00 >>HARRY COHEN: Okay.

11:45:08 Please state your name and address for the record.

11:45:11 >> Aprile Black.

11:45:12 And I live at 306 south Albany.

11:45:15 And that is just east of this property, a little southeast

11:45:21 of this property.

11:45:22 I live in the SoHo district, Courier City, Oscawana. We

11:45:28 have a lot of, as you say, 17 other establishments within a

11:45:33 certain number of feet of this particular property.

11:45:36 We would like to see more restaurants and fewer bars, or at




11:45:41 least more bars that have restaurants.

11:45:45 This particular bar did not have very much restaurant in it.

11:45:48 I know it wasn't required, but it wasn't really a

11:45:51 restaurant.

11:45:53 We are dealing with a lot of noise in that neighborhood, a

11:45:56 lot of parking problems in that neighborhood.

11:45:58 You know, the other night the council meeting went very

11:46:02 late.

11:46:02 We left here about 12:15.

11:46:06 Our petition was continued on another issue.

11:46:10 When we got home, when we neighbors got home from that

11:46:13 particular evening, the music was still playing.

11:46:17 As you know, I probably didn't get home till about 12:15,

11:46:21 12:30. You can still hear music in that neighborhood.

11:46:24 The buffers that we are being told, establishments that were

11:46:28 put in place, they don't work.

11:46:30 And most of these restaurants and bars are pretty noisy.

11:46:35 It's not just from the music they are playing.

11:46:37 It is from the parking issues.

11:46:39 And when you don't allow us to force these establishments to

11:46:45 have enough parking around their building, then they are

11:46:50 parking in on the places in the neighborhood.

11:46:51 It is a problem. It's definitely a problem.

11:46:53 It's not just the amplified music.

11:46:56 It's not just the parking.




11:46:57 It's also the people walking to these outposts to find their

11:47:03 cars.

11:47:03 We want you to consider the neighbors when you consider

11:47:06 this.

11:47:06 As you saw in the pictures, there's a whole line of condos

11:47:10 behind this particular property.

11:47:12 There are people living in there.

11:47:13 And we are a working class neighborhood so most of us can't

11:47:16 be here when the petition is during the day.

11:47:19 I left work to come here.

11:47:21 Most of the people can't leave work.

11:47:22 So they are not here.

11:47:23 But they do want you to know that they are against this.

11:47:29 So I'm speaking for my fellow neighbors.

11:47:32 And I want you to remember that these patio bars, drinks

11:47:39 taste just as good on the inside of these bars as they do on

11:47:41 the outside of these bars.

11:47:43 And there's no reason to allow people to continue to do

11:47:46 this.

11:47:46 Thank you for hearing me.

11:47:48 >>HARRY COHEN: Thank you very much.

11:47:49 Next.

11:47:49 >> Michael Husted, 305 south Melville, approximately three

11:48:00 blocks to the east of this proposed change.

11:48:07 We are dealing with a lot of noise issues, a lot of parking




11:48:11 issues.

11:48:12 You're fully aware of that.

11:48:15 The neighborhood does not want any more bars.

11:48:17 We have got 18 from Swann to Kennedy over to Packwood.

11:48:23 It's 18 establishments that serve beer, wine and alcohol.

11:48:27 We don't need any more.

11:48:28 The neighborhood wants restaurants.

11:48:32 When this original restaurant was proposed to the

11:48:34 neighborhood association, it was -- before I'm not sure what

11:48:38 it was zoned.

11:48:39 But they wanted to open a restaurant.

11:48:40 They wanted to serve beer and wine.

11:48:42 Well, they came before the neighborhood association, and we

11:48:45 said, sure, we'll support.

11:48:46 That we want restaurants in the neighborhood.

11:48:48 We'll support that.

11:48:49 Well, now you see what happened.

11:48:52 This has happened over and over again.

11:48:54 They come to the council.

11:48:55 They want to do a restaurant.

11:48:56 They get the zoning.

11:48:58 And then the place fold and it becomes a bar.

11:49:02 So just consider if you approve this, you are not zoning

11:49:06 this business, you are zoning that property forever.

11:49:10 This business goes out, it's pretty much a guarantee another




11:49:14 bar goes in.

11:49:15 They aren't going to put a restaurant if they don't have to.

11:49:17 They are going to put another bar.

11:49:19 That's where the money is.

11:49:19 So please do not approve this bar.

11:49:22 >>HARRY COHEN: Councilwoman Capin.

11:49:28 >>YVONNE CAPIN: You know -- I wanted to refer to what he

11:49:35 stated.

11:49:37 To be clear -- and I want to make this declare for myself --

11:49:41 is if this was denied today, this property is still allowed

11:49:49 to serve beer, wine and package.

11:49:52 Is that correct?

11:49:55 So it doesn't have to be a restaurant.

11:50:00 It is zoned for beer, wine and package, as it stands right

11:50:03 now.

11:50:04 I just want to be clear on that, that everyone knows that.

11:50:09 Okay, I'm sorry.

11:50:09 >> Good morning.

11:50:13 I'm John brewer.

11:50:15 I reside at 3128 west Villarosa street.

11:50:18 And I'm here to support this.

11:50:21 Tampa is trying to build on our economy.

11:50:27 This is not a very big place.

11:50:29 It doesn't have a lot of noise.

11:50:31 If you look at the dimensions this club.




11:50:34 Across the street is ten times bigger at MacDintons.

11:50:40 My friend and I love to come there and have dinner and some

11:50:42 of us like a cocktail.

11:50:44 We are not allowed to have that at this location.

11:50:48 We are asking that you consider, giving this club a chance

11:50:53 to compete with the other establishments around there.

11:50:56 It already has beer and wine, is my understanding.

11:50:59 And my understanding is that it's an issue of being allowed

11:51:02 to serve a cocktail.

11:51:04 In St. Petersburg, you can go down beach Boulevard.

11:51:11 There are restaurants there, bars there.

11:51:13 You can do that on South Howard.

11:51:16 And most establishments except this place.

11:51:19 I'm just here in support of this.

11:51:22 Like I said, we frequent this place from time to time.

11:51:25 And on occasion we would like to have a cocktail and not

11:51:32 just beer or wine.

11:51:33 >> HARRY COHEN: Councilwoman Mulhern has a question.

11:51:36 >>MARY MULHERN: Do you live in the neighborhood?

11:51:37 >> I do.

11:51:38 >>MARY MULHERN: Where is Villarosa.

11:51:40 >> It's in South Tampa, Bayshore, two streets north.

11:51:43 So it's not exactly around Howard Avenue.

11:51:46 >>MARY MULHERN: North of what?

11:51:47 >> I'm sorry, north of Gandy.




11:51:50 I'm sorry.

11:51:52 I'm north of Gandy.

11:51:53 Two blocks north.

11:51:53 >> Two blocks north?

11:51:55 >> I apologize.

11:51:55 >>MARY MULHERN: You don't live right in this.

11:51:57 I didn't think Villa Rosa whats in there.

11:51:59 >> You're right.

11:52:00 I don't live like right around there.

11:52:03 But I can tell you that this club is not contributing to the

11:52:08 noise factor.

11:52:09 And if you saw the -- the old restaurant which could serve

11:52:17 alcohol, which is a middle Easter restaurant, this is a

11:52:22 facility right next to -- just south of that chocolate

11:52:25 factory.

11:52:26 >>MARY MULHERN: I know where it is.

11:52:27 I just wanted to know where you live.

11:52:29 >> I don't reside there.

11:52:32 Walking distance.

11:52:33 I guess I could but I wouldn't.

11:52:35 >>HARRY COHEN: Thank you. Next.

11:52:39 >> Tim Stobbie, west DeLeon street, I live approximately

11:52:46 two blocks from the establishment in question.

11:52:48 I support this application.

11:52:50 I am in support of it.




11:52:52 I have lived in the area since January of 2007.

11:52:56 With all due respect to my fellow residents, I'm not sure

11:52:59 what the neighborhood folks have found but I support the --

11:53:03 I know what I signed up for when I moved to South Howard

11:53:05 Avenue, or near South Howard Avenue.

11:53:09 As the Councilwoman said it's already open for beer and

11:53:12 wine.

11:53:12 This is one of the smaller establishments on South Howard.

11:53:15 I don't think the noise is going to be an issue.

11:53:18 With regards to the police department concern, parking is

11:53:21 always an issue in South Howard.

11:53:23 A few years ago I went to a meeting regarding parking in the

11:53:27 area.

11:53:27 I think that like I said, this is a smaller establishment

11:53:31 that shouldn't be a problem.

11:53:33 I am in support of it.

11:53:34 Thank you very much.

11:53:34 >>HARRY COHEN: Are there any other questions or comments

11:53:38 from council members?

11:53:39 Councilwoman Capin.

11:53:43 >>YVONNE CAPIN: Will there be any food served here?

11:53:45 >> Yes.

11:53:47 I have been open about five months.

11:53:49 I have a full kitchen.

11:53:50 I have a menu with me I can show you.




11:53:52 We plan to have Kippen opened during all operating hours.

11:53:56 My food sales are about 10% of my sales.

11:53:59 >> It's not on here.

11:54:01 >> I'm sorry?

11:54:02 >> Your kitchen will be open.

11:54:03 >> We can add that if need be.

11:54:06 I will definitely commit to that.

11:54:07 >> And your hours now?

11:54:09 >> I am open till 3 a.m., seven days a week.

11:54:12 >> And you open at what time?

11:54:16 >> Monday through Friday, open at 3 p.m.

11:54:22 Saturday, Sunday, open at noon.

11:54:24 I'm sorry, 11 a.m.

11:54:28 >>YVONNE CAPIN: So you are asking to 3 a.m. and 11 a.m. to

11:54:33 3 a.m.?

11:54:33 >> That was to coincide with the off-street parking I had

11:54:36 and that the office next door closes so I have all the

11:54:39 parking.

11:54:41 Obviously doesn't meet the code, but there's no business for

11:54:46 me during the day there.

11:54:47 >> The office next door closes and so does everybody else

11:54:50 have that parking.

11:54:51 >> I'm sorry?

11:54:52 >> The office next door to you closes at 5 p.m., and you

11:54:57 have access to it, and so does everyone else.




11:55:02 Unless you have a special --

11:55:03 >> I have a valet company that manages a lot of off-street

11:55:06 parking.

11:55:08 It would -- it's within 300 feet from the building.

11:55:14 When someone said it's not convenient.

11:55:15 It's 300 feet from my building.

11:55:18 >> On Howard?

11:55:19 >> It's on Horatio.

11:55:21 I have a map so you can see it.

11:55:23 But it would be nice because I don't have a crosswalk on

11:55:26 Howard.

11:55:31 So initially the lease was approved.

11:55:33 The site distance is approved.

11:55:37 There's not a crosswalk between Swann and Platt.

11:55:40 Sorry.

11:55:41 >> I do have concern with the parking.

11:55:45 >> I'm sorry?

11:55:47 >>YVONNE CAPIN: I do have concern with the parking.

11:55:48 >> Understood.

11:55:48 >> You do not have in your patio now, there's no amplified

11:55:52 music?

11:55:53 >> Yes, ma'am, there is.

11:55:56 I'm open till 3 a.m. and I have amplified music.

11:55:59 >> You won't be able to after this.

11:56:01 >> I did -- but amplified mix, I have a juke box and it




11:56:08 helps me regulate the sound on the patio.

11:56:10 I play country music, southern rock, and my TVs.

11:56:14 I do not have live performers and deejays, concert speakers.

11:56:19 I think amplified music should be addressing amplified

11:56:23 music, not a speaker this big playing TV sounds, or playing

11:56:27 a juke box that's inside.

11:56:32 I never have amplified music like a band like some other

11:56:36 neighbors do, that creates noise being heard, you know, five

11:56:40 blocks away.

11:56:41 You cannot hear my music when it's turned you will all the

11:56:44 way at 3:00 in the arch and there's no one around. You

11:56:47 cannot hear my music at the street at Howard.

11:56:54 You cannot hear the music at the highest level.

11:57:01 >>YVONNE CAPIN: Howard Avenue is always going to be a

11:57:05 parking issue.

11:57:07 It's never not going to be.

11:57:08 You put a restaurant there that seats these many people,

11:57:14 whether it's a restaurant or a bar, the situation of parking

11:57:18 is there.

11:57:19 >> Correct.

11:57:21 >>YVONNE CAPIN: So --

11:57:25 >> I'm already open till 3 a.m.

11:57:28 I am not doing anything but adding liquor.

11:57:32 The previous tenant leased the apartment.

11:57:34 The downstairs and the garage.




11:57:35 I don't have the garage.

11:57:37 That's why it's being shown.

11:57:39 >>YVONNE CAPIN: Can I ask legal, is it Drew Park's amplified

11:57:43 music?

11:57:44 >> It has arm fires in it.

11:57:53 And I wanted to clarify one thing.

11:57:57 On this site, the applicant would not be required to come in

11:58:00 and get a parking waiver for what he was asking, because

11:58:04 he's actually shrinking the size, except for the fact

11:58:07 that -- I don't think it was even the previous one, but

11:58:14 somewhere along the line somebody expanded the permit in the

11:58:18 building and it never went to permitting but he's coming in

11:58:22 for something and it's current and now there's a change in

11:58:25 use.

11:58:26 But for the fact that I don't know for how many years there

11:58:30 has been this building there, he won't have to come in for a

11:58:35 parking waiver.

11:58:36 But he does now.

11:58:40 >>YVONNE CAPIN: I appreciate that.

11:58:41 Thank you.

11:58:41 >>LISA MONTELIONE: Can you go back to the photograph so I

11:58:45 can actually see the site rather than the road?

11:58:51 Joel, I'm sorry.

11:58:52 >>HARRY COHEN: Before Councilwoman Montelione asks her

11:58:55 question, can I have a motion to extend -- excuse me one




11:58:58 moment -- can I have a motion to extend?

11:59:05 >> For 20 minutes?

11:59:06 >> 55 is all we have left.

11:59:11 >> So I think that's going to take more than 15 minutes to

11:59:17 get through this and that.

11:59:18 So why don't we extend till 12:30?

11:59:21 >> That's what I was going to suggest.

11:59:24 >>HARRY COHEN: We have a motion to extend till 12:30 by

11:59:26 Councilman Suarez, et al, Montelione, and seconded by

11:59:34 Councilwoman Capin.

11:59:36 All in favor?

11:59:37 Thank you.

11:59:38 Sorry about that.

11:59:38 >>LISA MONTELIONE: Joel, Mr. Sousa, the reason I want to

11:59:46 see the photograph, I am trying to remind myself as I have

11:59:49 been at this location before.

11:59:55 >> Let me get another view.

11:59:56 >> Because right now all we are looking at is a tree.

12:00:10 In this neighborhood, I think we have all been to another

12:00:13 restaurant that's down the street from this, the only thing

12:00:18 being say.

12:00:21 A lot of times, you will go to one place for dinner, you

12:00:26 know, maybe you will meet friends at one place, have a

12:00:30 cocktail.

12:00:31 So you park the car.




12:00:32 And then you walked to that place where you are going to

12:00:36 have your cocktail waiting for your friends, you know, more

12:00:39 people in your party.

12:00:42 They get there.

12:00:43 And now you go to leave there and you go somewhere else for

12:00:46 dinner.

12:00:46 So you leave the car where it was, you walk to wherever it

12:00:49 is you are going to have dinner, and then after dinner it's

12:00:52 like, oh, well, look at all the action, maybe we can stop

12:00:56 somewhere else, we aren't ready to go home yet, go have

12:00:59 dessert somewhere else.

12:01:01 And when we are looking at each individual application, we

12:01:07 are looking at parking as if people are just going to that

12:01:14 one location.

12:01:14 So, yes, there's always been a parking problem, and officer

12:01:20 Miller can't chime in here, but to me it's just the

12:01:27 mathematics of how many parking spaces do you need for your

12:01:34 individual establishment when that same -- the occupant of

12:01:40 the motor vehicle are going to be visiting three or four

12:01:43 establishments in the same trip?

12:01:47 There you are, Mr. Miller.

12:01:50 So I think that the parking comes in with the late night

12:01:56 crew who are only there to -- as an entertainment type

12:02:01 district, which I know we don't have an entertainment

12:02:05 district overlay here, but that's where the problem in my




12:02:07 mind comes in, with the folks who aren't coming there to

12:02:10 have dinner, they are coming there to frequent the couple of

12:02:14 establishments that act as nightclubs.

12:02:16 And I think we have a nightclub discussion, alcohol

12:02:20 ordinance, coming up as a workshop as a couple of months.

12:02:24 So I think when we address that is the time, a particular

12:02:32 petitioner that's already operating or this building has

12:02:34 been in continuous use, almost, as a bar/restaurant,

12:02:38 allowing everything except liquor, and even not being

12:02:43 required to operate as a restaurant, just as a bar.

12:02:48 They can just be a bar if they wanted, just be a bar.

12:02:52 So, you know, I'm in support of the application.

12:02:56 You are expanding 115 seats, the outdoor, you are giving up

12:03:02 a use in another, in that garage, you are giving it up.

12:03:06 To me, the only issue here in my mind is the addition of

12:03:12 liquor sales.

12:03:14 The squire footage doesn't amount to a lot.

12:03:17 Parking in my mind, I look at it more in a grand point of

12:03:20 view than just individual applications point of view.

12:03:23 And the only issue to me is the liquor.

12:03:26 >> And the patio is currently wet zoned right now.

12:03:31 There's no new construction going on.

12:03:34 >> Right.

12:03:35 >> Apparently wasn't permitted.

12:03:39 >> A mistake in the legal description that should have been




12:03:43 included in the first application, but whoever did that

12:03:45 survey work was not -- maybe they had trouble with math.

12:03:49 >> Exactly.

12:03:50 >>HARRY COHEN: I have not spoken yet on this item so I

12:03:54 would like to have a moment to respond to a few of the

12:03:56 things that have been said.

12:03:59 First of all, with all due respect, we have a code that

12:04:05 delineates how much parking is required for different uses.

12:04:08 And I don't think it is -- the analysis that I go through,

12:04:14 when I am looking at these applications, does not take into

12:04:19 account how I think people might park when they are going

12:04:23 from place to place.

12:04:25 It takes into account what our code requires.

12:04:28 Councilwoman Capin made the point that parking is always

12:04:33 going to be a problem on this road.

12:04:35 And unfortunately she is correct about that.

12:04:37 But this council has an obligation not to make the problem

12:04:40 worse.

12:04:41 And in many cases, we are asked to approve large parking

12:04:47 waivers that have contributed to the problem that the

12:04:51 neighbors in this community face.

12:04:53 Now, in this particular application, they are really asking

12:04:57 for a fairly nuance change of use.

12:05:02 And whether or not the parking waiver that is being asked

12:05:08 for here is excessive or not is somewhat mitigated by the




12:05:12 fact that the ordinance, the operation of this

12:05:15 establishment, is going to occur anyway.

12:05:17 We are not starting from scratch.

12:05:19 And being asked to approve something that has never existed

12:05:23 before.

12:05:24 On the other hand, the loss of the eight parking spaces that

12:05:27 you made an effort to go and preserve means that the waiver

12:05:31 is quite a bit larger than we are being asked to approve

12:05:36 than it might have been otherwise, which, in my view, really

12:05:40 does place us in something of a quandary.

12:05:44 Whether or not we approve this application today, we are

12:05:46 going to be faced in the future with more applications in

12:05:49 this direct area that are going to continue to ask for

12:05:53 parking waivers.

12:05:54 And in my view, you know, Councilwoman Montelione says that,

12:06:02 you know, we have all been in this area.

12:06:04 I live in this neighborhood, and I do live in this

12:06:08 neighborhood, not a few miles away, and I will tell you that

12:06:11 when you drive down the street at night, you cannot -- you

12:06:15 cannot maneuver, because there are people walking around in

12:06:17 the middle of the street, and I hear the police concern

12:06:22 about how many more times we are going to add to this

12:06:26 problem.

12:06:27 And so, you know, I just sort of make those comments in

12:06:33 light of the discussions that I heard today.




12:06:36 Councilwoman Mulhern, and then I will return to you,

12:06:38 Councilwoman Montelione.

12:06:41 Month Monday thank you, chairman.

12:06:46 I also live in this neighborhood and I have been on council

12:06:49 for almost six years.

12:06:50 I went through the list of the 17 establishments selling

12:06:55 beer, wine and/or alcohol within 1,000 feet of this request

12:06:59 for an intensification to add liquor sales to their current

12:07:05 beer and wine license.

12:07:07 Of this 17, all 17 of these, since I have been on council,

12:07:17 only five of those 17 were restaurants or bars.

12:07:24 When I started.

12:07:25 So of those 17, 12 are new in the last five years.

12:07:30 New uses.

12:07:31 I'm not even talking about -- I'm talking about the fact

12:07:36 they used to be a book store, a coffee shop, a grocery

12:07:39 store.

12:07:43 Whatever.

12:07:43 I don't remember everything.

12:07:46 It just goes on and on.

12:07:48 So what I want council to think about is the fact that these

12:07:54 decisions that we make, especially in this neighborhood,

12:07:58 which, by the way, my neighborhood, is not an entertainment

12:08:04 district, I don't know what an entertainment district is,

12:08:07 other than Ybor City, which councils way before us made the




12:08:13 mistake of allowing all these distance separation waivers

12:08:16 and we ended up with a constant complaint about there are

12:08:20 too many bars.

12:08:24 There are too many bars.

12:08:25 And Ybor doesn't have the intense number of residents, three

12:08:33 historic, very, very desirable hey-property stable

12:08:40 residential neighborhoods surrounding it.

12:08:42 Every time we approve another bar or restaurant/bar, we are

12:08:49 changing the character of that neighborhood.

12:08:52 We are allowing a waiver.

12:08:56 We are allowing a waiver of our code, which was designed to

12:09:02 create stable, desirable neighborhoods.

12:09:09 So these decisions are only in front of us because they are

12:09:13 important, and we have to take the responsibility for making

12:09:14 the decision. So the fact that there are 12 in this little

12:09:19 area, 12 bars that -- now, when I moved there, 14 years ago

12:09:25 I moved there, the only -- not one of these was operating.

12:09:33 We had commercial mixed use.

12:09:36 We had lots of great restaurants, a couple of which are

12:09:41 still there.

12:09:43 And this doesn't even include everything that's on Swann.

12:09:46 I think this is just north of Swann, isn't it?

12:09:49 >> Yes.

12:09:49 >> So we used to have restaurants, grocery stores, all kind

12:09:58 of things.




12:09:59 It's been improved in a lot of ways.

12:10:01 I'm not making any comment on your establishment at all.

12:10:05 I'm just saying the intensity, we have gone beyond what this

12:10:10 neighborhood should be.

12:10:11 The neighborhood does not want it.

12:10:13 They have been coming here.

12:10:14 You have only seen it for a couple years.

12:10:16 I saw them every day for years and years and years.

12:10:19 And all of these things got approved.

12:10:21 And I'm voting no so I'm entitled to say that.

12:10:26 I'm not, you know, saying I gave other people, you know, I

12:10:29 voted no on some and yes on some.

12:10:33 But the more and more that come in front of us, the more and

12:10:36 more intensity, the more parking areas, more traffic areas,

12:10:41 the more people drinking and driving there is, it's just not

12:10:43 what I believe is what we want in this neighborhood.

12:10:49 And I will make my case for why this does not deserve to be

12:10:53 approved.

12:10:54 But I just wanted to make this case for my neighborhood

12:10:58 because I'm really, really tired of it.

12:11:00 We have a yard of ale.

12:11:03 We have World of Beer.

12:11:04 We have a bar.

12:11:05 We have a pub.

12:11:05 We have a cantina, which isn't cantina Luke kitchen, it's




12:11:12 cantina like drinks.

12:11:14 We have a tavern of the having in this neighborhood is

12:11:16 turning into a bar.

12:11:18 And I'll give a- ...

12:11:30 >>YVONNE CAPIN: That list that you have, Mary, how was that

12:11:32 provided?

12:11:32 I don't have that.

12:11:33 >>MARY MULHERN: In your backup.

12:11:37 Application for special use 2, alcoholic beverages.

12:11:41 >>YVONNE CAPIN: It's not in my backup.

12:11:43 I don't know why.

12:11:44 >>MARY MULHERN: I've written all over it.

12:11:50 >>YVONNE CAPIN: Do you have that list?

12:11:51 I'm just curious.

12:11:53 I would like to have that list.

12:11:54 >>HARRY COHEN: Yes, I have the list.

12:12:18 >>YVONNE CAPIN: Okay.

12:12:19 The lodge is supposed to be a restaurant, not a bar.

12:12:26 TC Choy is a restaurant.

12:12:29 When I was appointed, I represented this district.

12:12:34 This is in my district.

12:12:36 District 4.

12:12:38 And definitely the chipolte.

12:12:41 But nonetheless, and I appreciate Councilwoman Mulhern and

12:12:50 Councilman Cohen, because I did state in the beginning that




12:12:55 the 35 to 16 spaces -- and Mr. Cohen ---I'm sorry,

12:13:06 Councilman Cohen, when he said, yes, we have a code, and

12:13:16 even though Howard Avenue is always going to have an issue

12:13:19 with parking, because of the way it set up, we should not

12:13:26 add to that.

12:13:27 We should not add to -- we have to think about that.

12:13:33 Are we adding more burden on the neighborhood?

12:13:40 That is my main concern, was the waiver on the parking.

12:13:44 Even though this establishment may continue without liquor.

12:13:58 That is a really big concern.

12:13:59 And when I first said I need to think about this, because it

12:14:04 did concern me.

12:14:05 And Councilman Cohen brought it up.

12:14:08 He kind of clarified it for me more, and we really need to

12:14:16 be very cognizant of not adding any more burden to what is

12:14:20 already an issue there by granting waivers on parking.

12:14:28 It has nothing to do with the alcoholic beverage.

12:14:30 The alcoholic beverage is already there, and it is the

12:14:35 American way, a cocktail before dinner, as one restaurateur

12:14:40 that came before us, that is on MacDill Avenue, said

12:14:44 that is.

12:14:46 So I just wanted to point that out.

12:14:49 And some of these 17 places are restaurants.

12:14:53 There's a grocery store.

12:14:58 And I know that the lodge.




12:15:04 So there is a mixed use, that they use them as they are

12:15:08 supposed to, that's another issue that we will be dealing

12:15:14 with later on next month.

12:15:16 So that's all I needed.

12:15:18 >>MIKE COHEN: Thank you, Councilwoman Capin.

12:15:21 Councilwoman Montelione.

12:15:22 >>LISA MONTELIONE: Thank you.

12:15:27 Ms. Coyle was here a minute ago.

12:15:28 Is she still here?

12:15:33 Well, Ms. Kert, you can probably answer this, right?

12:15:39 I mentioned entertainment district.

12:15:42 And Ms. Mulhern had said she doesn't know what an

12:15:45 entertainment district is, and that the only one that she

12:15:49 thought that existed was in Ybor City.

12:15:51 Is that correct?

12:15:56 >>CATHERINE COYLE: Planning and Development.

12:15:57 The term "entertainment district" is kind of a historical

12:16:01 term that we use.

12:16:02 But it really related to off-duty security requirements in

12:16:05 the code.

12:16:05 And Ybor, downtown and Channelside were actually the areas

12:16:10 identified for the security requirements.

12:16:12 Essentially as entertainment district. So --

12:16:14 >> I'm not sure why -- Abbye stepped away, and I don't know

12:16:23 why she didn't now what it was and we only had one when we




12:16:24 actually have three.

12:16:25 >>CATHERINE COYLE: We do our best to actually not call them

12:16:30 that.

12:16:30 They are not identified that way.

12:16:31 >>LISA MONTELIONE: So it's a matter of semantics that we

12:16:38 call it entertainment district but it's not actually an

12:16:41 entertainment district by the letter of the law set out by

12:16:42 the state.

12:16:42 It's the state that triggers what an entertainment district

12:16:45 is? No?

12:16:48 >>CATHERINE COYLE: No.

12:16:48 We can call it an entertainment district.

12:16:56 >>REBECCA KERT: Legal department. There is no such thing

12:16:57 in your code as an entertainment district.

12:17:00 >> So what is Ms. Coyle referring to Ybor, downtown,

12:17:03 Channelside?

12:17:04 >> Ybor, downtown, and Channelside are required to get

12:17:08 currently under their code for all establishment that

12:17:11 receive an alcohol permit after a certain date in 1995, they

12:17:15 are required to have off-duty officers when they operate as

12:17:18 a bar or club or nightclub or lounge, I think.

12:17:27 >>LISA MONTELIONE: How did that become in 1991 --

12:17:29 >>REBECCA KERT: Well, I have been looking at it, and they

12:17:32 decided that those were areas that happened to, one, because

12:17:37 of the characteristics of them, and found out it was there




12:17:41 for like a month and then taken out.

12:17:42 >>LISA MONTELIONE: Was that requirement -- and that was a

12:17:49 scrivener's error of some sort?

12:17:52 >> I am still going through the mints of 1991 and 1999

12:17:55 trying to discover the history of alcoholic beverages, along

12:17:58 with Ms. Coyle, for other purposes.

12:18:01 But I don't have an answer to that rate now.

12:18:03 >>HARRY COHEN: Councilwoman Mulhern was out of the room and

12:18:06 ask that you repeat.

12:18:07 >>MARY MULHERN: I missed that.

12:18:09 Sorry.

12:18:10 >>REBECCA KERT: Ms. Coyle had answered and then I was

12:18:14 clarifying.

12:18:15 It exist in the code but some people -- I know some people

12:18:20 do think of certain entertainment district in the city, and

12:18:24 most likely what I think they are thinking of, and as Ms.

12:18:28 Coyle said, we're the areas in the city where we determine

12:18:31 that alcoholic establishments that got a permit after 1995

12:18:34 are required to have extra duty -- off-duty law enforcement

12:18:37 officers when they operate as a bar/lounge or club and have

12:18:41 over 250 people in them, and there are three areas that do

12:18:43 that, and that would be Ybor, downtown, and Channelside.

12:18:48 >>LISA MONTELIONE: And the reason I brought that up is

12:18:50 because I know that SoHo --

12:18:55 >> Wait a minute, I have the floor.




12:18:56 SoHo was briefly included in that but very briefly.

12:18:59 >>REBECCA KERT: Very briefly, and I don't know if it was a

12:19:01 scrivener's error or change of heart or why they decided to

12:19:04 put in the or take it out and I think originally it might

12:19:06 have been just Ybor and they expanded it.

12:19:09 Like I said, I am going through a lot of the minutes and I

12:19:11 don't want to say anything incorrectly right now.

12:19:14 >> And that referred to establishment that were 250 or more

12:19:18 individuals?

12:19:22 >>REBECCA KERT: It is triggered when they have over 250

12:19:25 individuals.

12:19:29 >>LISA MONTELIONE: Of this list, again having been on

12:19:31 Howard at night, there's a couple in my mind that would fall

12:19:35 under that category.

12:19:37 So I would suggest that, again, this is not -- you opened up

12:19:44 a can of worms here that we haven't talked about.

12:19:49 And I mentioned before, Ms. Capin has scheduled an alcoholic

12:19:53 beverage workshop, and we have an entertainment -- we have

12:19:58 the regulations that apply to help us define in our code

12:20:04 entertainment, secure CRA security, nightclub, coming up.

12:20:09 So, you know, this is not, to me, the time to put this

12:20:14 burden on you to have your application be the poster child,

12:20:20 an example for what is wrong with what's been happening as

12:20:25 Ms. Mulhern pointed out over the past 12 years?

12:20:28 It is not your fault what has happened over the past 12




12:20:33 years.

12:20:33 It's the fault of the people who sat here before and who

12:20:36 kept allowing all of these things to create the area that it

12:20:41 is.

12:20:42 You go online.

12:20:43 You read the reviews.

12:20:48 "I love going to Tampa because it's like going to Atlanta,

12:20:51 you have all these different neighborhoods of different

12:20:54 venues, so in Atlanta you have the different neighborhoods

12:20:57 where you know" -- and my mind escapes the name of these

12:21:02 places but they will come to me -- that you can go for

12:21:05 certain kind of atmosphere to this area.

12:21:06 You can go for a different atmosphere to this area.

12:21:09 And that's what makes it unique.

12:21:10 And that's what people who travel here, who are trying to

12:21:16 attract come here, because they have different venues.

12:21:20 They can go to Ybor.

12:21:20 They can go to downtown.

12:21:22 They can go to Channelside.

12:21:23 And now, unfortunately because of past decisions of past

12:21:27 councils, SoHo is one of those districts.

12:21:30 So I'm sorry, I'm sorry that this is happening to you.

12:21:41 >>YVONNE CAPIN: Thank you.

12:21:43 I am not even going to talk.

12:21:44 This is going to help me in my decision.




12:21:47 And I need this clarified.

12:21:51 This operation -- if this is denied and it continue to

12:21:54 operate the way it is, is it operating with the deficiency

12:21:59 of the parking?

12:22:02 It is operating in -- what triggered it was the additional.

12:22:09 Right now, so we are not adding anything to this.

12:22:14 >> Correct.

12:22:18 >>YVONNE CAPIN: We are granting a waiver.

12:22:19 But should this be denied, this restaurant, this

12:22:23 establishment -- please help me here -- I want this on the

12:22:30 record -- will be operating with a deficiency of parking.

12:22:37 >> That's true.

12:22:40 >>YVONNE CAPIN: Thank you.

12:22:41 Thank you.

12:22:41 >>HARRY COHEN: Sir?

12:22:48 You are standing at the podium.

12:22:49 Okay.

12:22:50 Is there anything else to come before this council on this

12:22:53 matter?

12:22:54 If not I would entertain a motion to close.

12:22:56 >>LISA MONTELIONE: Motion to close.

12:23:01 >>MARTIN SHELBY: Excuse me, did you want to give the

12:23:03 petitioner a last word?

12:23:05 >>HARRY COHEN: I just did but if you have anything in

12:23:08 closing.




12:23:08 >> Motion to close.

12:23:09 >>HARRY COHEN: Seconded by Councilwoman Mulhern.

12:23:13 All those in favor?

12:23:14 Opposed?

12:23:15 Okay.

12:23:16 Councilwoman Mulhern.

12:23:17 >>MARY MULHERN: I'm going to move to deny this petition

12:23:25 based on the code and the three waivers being requested.

12:23:36 Section 27-132, reduce the required minimum distance

12:23:41 separation from 1,000 to 62 feet for establishments selling

12:23:45 alcoholic beverages.

12:23:47 Number two, section 27-132, reduce the required minimum

12:23:51 distance separation from 1,000 to 33 feet for residential

12:23:58 uses.

12:24:00 Section 27-283.7, reduce the required parking from 35 spaces

12:24:07 to 16 spaces.

12:24:11 With regards to the parking waiver, this is what I would

12:24:13 like to point out.

12:24:14 The problem of giving the rights to an intensified use

12:24:21 contributes to more parking.

12:24:25 Obviously, if the -- the applicant is asking for this

12:24:28 intensification, realizing they are going to get more

12:24:31 business.

12:24:32 So, also, granting them a use that they at this point are

12:24:39 not meeting the requirements of the use anyway.




12:24:41 I would like to point out that section 27-2-83.2 and

12:24:48 27-2-83.7, inconsistent because of the increased intensity

12:24:55 or any other use or change, and increased intensity or any

12:24:59 on the use or change of use is established.

12:25:02 So that's with regard to parking.

12:25:04 But with regard to the intensity as far as the surrounding

12:25:12 neighborhood, general health and safety and welfare of the

12:25:14 neighborhood, every time we allow another bar, you have to

12:25:19 look at the fact that I think I established competent,

12:25:23 substantial evidence that staff gave us, this list of 17

12:25:26 establishments, and to my memory, at least 12 of them are

12:25:31 new in the last five years.

12:25:35 They were places that were not selling alcohol before.

12:25:41 And to the argument that some of these are restaurants, yes,

12:25:44 they are, and I separated those out, those that are

12:25:50 restaurants.

12:25:50 And as our attorney just pointed out to us, whether you call

12:25:53 it a restaurant or a bar doesn't really matter, if you have

12:25:56 the rate to sell beer, wine and alcohol, you have that

12:26:01 right.

12:26:02 And I think every time -- we are taking this responsibility.

12:26:07 Every time we approve another one it's a problem.

12:26:10 And some of these were approved under this council.

12:26:12 Some of the intensifications were approved under this

12:26:14 council.




12:26:14 And if they are not on this list today, they are on other

12:26:17 lists, maybe of the SoHo district.

12:26:24 So I'm just really appealing to you to stop this from

12:26:27 turning into an entertainment district which it got the best

12:26:35 schools in Hillsborough County, it's single-family

12:26:37 residential neighborhoods, lots of kids.

12:26:42 We are adding young people.

12:26:43 We are adding multi-use housing, and that's great.

12:26:46 But there are plenty of bars.

12:26:49 We don't need any more bars.

12:26:50 >>HARRY COHEN: Do I hear a second?

12:26:53 I am going to give the gavel to Councilwoman Montelione for

12:26:56 the purposes of seconding Councilwoman's Mulhern's motion.

12:27:00 Is there any discussion on the motion?

12:27:02 Oh, excuse me, you will do that.

12:27:03 >>LISA MONTELIONE: I recognize Councilman Cohen.

12:27:09 Do you want to speak?

12:27:11 >>HARRY COHEN: No, I wanted to second.

12:27:13 If there's no further discussion, all those in favor please

12:27:16 indicate by saying aye.

12:27:20 In favor of the denial.

12:27:22 Did you wish to say something on the motion, Councilman

12:27:25 Reddick?

12:27:26 >>FRANK REDDICK: I just want to make this general comment,

12:27:29 and that is, you know, I hope somewhere down the road we




12:27:33 will be consistent with our voters because what is good for

12:27:40 one neighborhood should be good for another, and to make a

12:27:43 statement about a particular neighborhood, I mean, we just

12:27:50 voted in another neighborhood community but we want to vote

12:27:56 against this neighborhood.

12:27:57 And I'm going to vote against the motion.

12:28:02 >>MARY MULHERN: I'm sorry, I needed to add something to my

12:28:07 motion before we vote and I wanted to say to Councilman

12:28:10 Reddick that the last case he heard had one other

12:28:13 establishment within 1 that you feet.

12:28:14 This one has 17.

12:28:16 I want to add our general standards section 27-129, general

12:28:22 standards.

12:28:27 Number 5, the use will not establish a precedent or

12:28:31 encourage more intensive or incompatible uses in the

12:28:34 surrounding area.

12:28:35 Every time we approve more intensity in the sale of alcohol,

12:28:38 it puts another, you know, argument in line for why we need

12:28:46 to approve -- we don't need to set any more precedence.

12:28:51 We have too many precedents.

12:28:54 >>LISA MONTELIONE: I have an amended motion from

12:28:57 Councilwoman Mulhern.

12:28:59 >>HARRY COHEN: I will accept that.

12:29:01 Thank you.

12:29:01 Is there any more discussion?




12:29:03 If not, all those in favor of Councilwoman Mulhern's motion

12:29:07 please indicate by saying aye.

12:29:09 Opposed?

12:29:09 >>THE CLERK: The motion failed with Suarez, Capin, Reddick

12:29:19 and Montelione voting no.

12:29:20 >>HARRY COHEN: Councilwoman Capin?

12:29:24 >>YVONNE CAPIN: Yes.

12:29:25 >>THE CLERK: And Miranda being absent.

12:29:31 >>YVONNE CAPIN: The motion I would like to make is this be

12:29:33 approved.

12:29:38 I do believe the petitioner agreed earlier that he would add

12:29:45 to the site plan that his kitchen would be open at all hours

12:29:50 of operation.

12:29:52 >> Yes, we'll do that.

12:29:57 >>YVONNE CAPIN: So I would make a motion to approve, between

12:30:00 first and second reading, that the kitchen be open all hours

12:30:07 of operation.

12:30:07 Including the revision sheet.

12:30:10 Thank you.

12:30:10 >>HARRY COHEN: We have a motion -- excuse me, Mr. Shelby.

12:30:19 >>YVONNE CAPIN: I need to read the ordinance.

12:30:22 The ordinance is in here.

12:30:24 It was not in our backup because -- I was looking for it

12:30:28 earlier.

12:30:28 Okay.




12:30:30 An ordinance repealing ordinance number 2-007-163, approving

12:30:35 a special using permit S-2 for alcohol beverage sales, bar,

12:30:39 lounge on premises only and making lawful the sale of

12:30:42 beverages regardless of alcoholic content, beer, wine,

12:30:46 liquor on that certain lot, plot or tract of land located at

12:30:49 410 South Howard Avenue, Tampa, Florida, as more

12:30:52 particularly described in section 3, that all ordinances or

12:30:55 parts of ordinances in conflict are repealed, providing an

12:30:59 effective date.

12:31:02 With the revision sheet V-13-24, and addition to the site

12:31:10 plan that the kitchen will be open at all hours of

12:31:15 operation.

12:31:15 >>HARRY COHEN: Motion on the floor from Councilwoman Capin

12:31:25 originally seconded by Councilwoman Montelione but

12:31:27 Councilman Suarez saved the day.

12:31:29 All those in favor please indicate by saying aye.

12:31:32 Opposed?

12:31:32 >>THE CLERK: Motion carried with Cohen and Mulhern voting

12:31:37 no, and Miranda being absent at vote.

12:31:40 Second reading of the ordinance will be held February

12:31:43 7th at 9:30 a.m.

12:31:46 >>HARRY COHEN: Thank you very much.

12:31:46 Council members, I need a motion to extend.

12:31:50 >>LISA MONTELIONE: That's what I was going to do. Motion

12:31:52 to extend till 12:45.




12:31:55 Is that going to be sufficient?

12:31:59 >> I hope so.

12:32:01 >>LISA MONTELIONE: Will that be sufficient, Ms. Coyle?

12:32:04 >> Because this happens all the time, we motion another 15,

12:32:10 another 15, why don't we just say 1:00 and we don't have to

12:32:13 stop again?

12:32:14 >> Right.

12:32:15 1:00.

12:32:15 >>HARRY COHEN: We have a motion from Councilwoman

12:32:18 Montelione, second by Councilwoman Capin, again with

12:32:21 Councilman Suarez chiming in.

12:32:23 All those in favor please indicate by saying aye.

12:32:25 Opposed nay.

12:32:28 Cathy Coyle on item number 55.

12:32:31 >> This item will go as fast as council wants to make it.

12:32:36 This was continue add couple of times.

12:32:42 The last continuance was from the T June date.

12:32:46 I went through language at that time that was actually in

12:32:49 the January 2010 text amendment cycle.

12:32:59 What I submitted was dated March 2010.

12:33:05 I submitted copies.

12:33:10 On the back page of that memorandum is an outline of the

12:33:15 transcripts from the meeting dated April 22nd, 2010.

12:33:19 This was a text amendment workshop with council.

12:33:22 And to basically goes through the discussion between myself,




12:33:26 Councilman Dingfelder, Councilwoman Mulhern, and essentially

12:33:31 at the end it was removed from the cycle.

12:33:33 I just wanted to give you that synopsis.

12:33:35 But what was brought forward was to look at the creation of

12:33:38 an animal rescue facility, residential and just more of a

12:33:42 commercial setting, to allow animals.

12:33:50 From what I understand the animal services director came and

12:33:52 gave a presentation.

12:33:53 There was a discussion with council about the change in the

12:33:55 way they are going to operate, rescue's innovation, and at

12:34:02 this point I want to remained council that along with the

12:34:05 ordinance that will be coming forward for the chickens, I

12:34:10 advised you that there will be a bigger change on animals in

12:34:14 general, not related to animal rescue facilities, but

12:34:16 because we have differing regulations between chapter 19 and

12:34:20 chapter 27, on merging them and making the terms the same,

12:34:25 the age requirements of the animals that are counted in the

12:34:28 household, what we did in that particular amendment was

12:34:33 created a small kennel and a large kennel, because there

12:34:37 already was a term for a large kennel, on the enforcement

12:34:40 side.

12:34:41 So what I am submitting to you today is that we can call it

12:34:48 animal rescue.

12:34:50 We can go for what we are doing in general regulations that

12:34:53 we are changing and simply allow the small kennel which




12:34:55 allows us to kennel animals as a special use in residential

12:34:59 so we don't have to create a new use.

12:35:01 What I didn't hear was the discussion with the animal

12:35:03 services director on the need of the number of animals and

12:35:06 how many people they could foster so it's something to hear

12:35:10 back from council on the thoughts that you have had since

12:35:12 that last presentation from that animal services director.

12:35:17 There's a lost different ways to do it.

12:35:19 I would recommend the easiest way to do it probably at this

12:35:21 point is just to deal with the number of animals.

12:35:25 Currently in a typical household, you can't have more than

12:35:28 four animals.

12:35:30 Domesticated animals.

12:35:32 And I think that's the issue, is the number.

12:35:34 Is we allow the new term that we use, a small kennel which

12:35:37 allows up to ten as a special use in residential.

12:35:41 I think from what I understand that would probably

12:35:43 accommodate the sponsoring situation as opposed to putting

12:35:46 in a whole new use in the code and have it a special use

12:35:49 anyway.

12:35:49 We might as well use the term that we already have going

12:35:53 through the process, and can include some of these

12:35:56 conditions in that special use that are identified in the

12:35:58 2010 amendment.

12:35:59 But it has to be accessory to a single-family detached.




12:36:03 Owner occupied.

12:36:04 You have to have proper licensing, so on and so form. So I

12:36:09 am ready to go back to council on what the policy decision

12:36:11 is.

12:36:12 If some of you actually want to move forward with, and I can

12:36:15 certainly --

12:36:18 >> Councilwoman Capin.

12:36:19 >> Fellow council members, thank you for indulging me and

12:36:23 putting this on number 55 and of course Ms. Coyle, because

12:36:26 we had asked for permission from Mike Merrill for him to

12:36:33 appear.

12:36:34 Unfortunately, today is a county commission meeting, and all

12:36:37 staff has to be available because of the holiday on Monday

12:36:41 so he was not able to be here.

12:36:43 But there is a definite correlation between the rescue, and

12:36:50 the numbers that have been lowered.

12:37:00 And the issue that's been coming has been because you can

12:37:05 only have four animals in your home, that when they added,

12:37:11 they would be over.

12:37:12 And again, it's fostering so it is a limited time.

12:37:20 For instance, if an animal has 50% of the dogs that come in

12:37:27 to the -- have heart worm, and so when they are treated they

12:37:34 have to be quiet.

12:37:36 That's where these people come in.

12:37:40 And they may send them to people that specialize in that




12:37:42 particular breed, and that would be about 90 days.

12:37:47 So there is where the issue is coming in that they had.

12:37:56 >>CATHERINE COYLE: I believe the goal is adoption, as well,

12:37:58 just like with children.

12:37:59 The goal is adoption, or placement back with the original

12:38:02 owner/parent.

12:38:06 >>YVONNE CAPIN: Exactly.

12:38:07 Exactly.

12:38:08 So I think that what you brought forth is something that I

12:38:14 would like to consider, that we have the animal rescue

12:38:22 designation in there, which we do not have now.

12:38:27 >>CATHERINE COYLE: That's correct.

12:38:28 And it's looking at the number 4, and whether or not to

12:38:31 increase it.

12:38:36 >>YVONNE CAPIN: Right.

12:38:36 Animal rescue facility.

12:38:38 And that would be -- if there's no more discussion, then --

12:38:43 if there is, I will wait.

12:38:45 Let me wait.

12:38:45 >>HARRY COHEN: There are council members who wanted to

12:38:48 speak.

12:38:49 >>YVONNE CAPIN: Okay, so let's wait to hear what they have

12:38:51 to say.

12:38:52 >>MIKE SUAREZ: Ms. Coyle, I have read through what a

12:38:58 residential animal rescue facility is.




12:39:01 And I want to -- if you look at G, I think it would be 3 on

12:39:09 the definition.

12:39:13 We are talking really only about single-detached homes, not

12:39:17 condominiums or anything else like a duplex or anything like

12:39:20 that, correct?

12:39:22 >>CATHERINE COYLE: That's correct.

12:39:24 Picture like a 200 unit apartment complex that's fostering

12:39:28 --

12:39:29 >>MIKE SUAREZ: No.

12:39:31 Let's be a little more realistic and say those people in

12:39:35 that duplex still cannot be a rescue facility, correct?

12:39:38 >> Well, they could be if you wanted them to be, yes.

12:39:41 >> My point is as part of the definition, I you this you

12:39:45 mentioned that it's single-family detached.

12:39:46 >> Yes.

12:39:48 The original criteria set back in 2010, was made pretty

12:39:52 clear from that particular council to put it down to a

12:39:56 single-family.

12:39:56 >>MIKE SUAREZ: The language that you presented to us here,

12:40:00 because we may have on the issues when you are talking about

12:40:03 shared facilities, when you want to be a rescue facility.

12:40:08 That's my main concern about it, other than I think this is

12:40:11 written fairly well in terms of what the purpose is, as

12:40:16 opposed to letting everybody and anybody provide these type

12:40:21 of facilities.




12:40:22 I think the number of animals is a good restriction, and

12:40:25 there may be on the restrictions that we may have to look at

12:40:28 for rescue facilities.

12:40:29 But I think this is a good start at the very least.

12:40:31 Thank you, chair.

12:40:32 >>HARRY COHEN: Councilwoman Montelione.

12:40:36 >>LISA MONTELIONE: And Ms. Coyle, how many animals would

12:40:39 then be allowed under this proposal?

12:40:44 >> If you recall, I will remained you again, this particular

12:40:47 one if you look at page 3 under the residential animal

12:40:51 rescue facility, this captures four months of age or older.

12:40:55 So that is being amended to six months of age to merge it

12:40:59 with the chapter 19 regulations.

12:41:00 >>LISA MONTELIONE: So I'm looking at letter F, at the top

12:41:06 of the page.

12:41:08 Only animals over four months would be changed to only

12:41:11 animals over six months.

12:41:17 >>CATHERINE COYLE: As well as page 3 at the bottom the

12:41:19 second letter D and the second number 3 -- the numbering is

12:41:23 wrong obviously -- so basically what it is, it's one animal

12:41:27 for 1,000 square feet of land area of the subject site.

12:41:31 Very similar to the same one that we passed, if you are

12:41:35 looking past the chickens, 5,000 square foot lot is five

12:41:39 animals.

12:41:40 This would be in addition to the four that you are actually




12:41:42 allowed as your personal animal.

12:41:47 Because the purpose is the animals are only temporary.

12:41:50 >>LISA MONTELIONE: So you are allowed four already.

12:41:54 And I have a 5,000 square foot lot.

12:41:57 Then you are actually looking at nine.

12:42:00 >> Potentially.

12:42:02 And it's not just dogs.

12:42:03 >>LISA MONTELIONE: So what's the typical lot size?

12:42:13 >> The predominant is an RS-50 lot, 50 by 100.

12:42:18 >> So it would be 5,000.

12:42:20 Some smaller, some being larger.

12:42:22 >>CATHERINE COYLE: Right.

12:42:24 >>LISA MONTELIONE: So we are looking at probably a maximum

12:42:28 of nine on average.

12:42:29 >>CATHERINE COYLE: Right.

12:42:31 >>LISA MONTELIONE: Um --

12:42:35 >> And that wouldn't be just 80-pound dogs.

12:42:39 If you want to get into the type of animals and my research

12:42:42 on animals in general because of the chicken regulations and

12:42:45 the merger of those, a lot of different places call out

12:42:48 specifically cats versus dogs, and --

12:42:54 >>LISA MONTELIONE: Could be a mixture of cat and dogs.

12:42:56 >> It could be solely cats, cost dogs.

12:43:00 >>LISA MONTELIONE: But it's not nine dogs and nine cats.

12:43:04 >>CATHERINE COYLE: We have a very broad animal calculation.




12:43:06 We could differentiate, you could restrict that the extra

12:43:10 five, whatever maximum potential you could have no more than

12:43:14 X number of animals.

12:43:17 We didn't go to that degree.

12:43:18 >>LISA MONTELIONE: The on the question I had was on letter

12:43:25 C under section 27-272, letter C says all residential animal

12:43:30 rescue facilities must obtain a Hillsborough County permit

12:43:33 license.

12:43:36 Do you know what the license requirements are to have a

12:43:38 kennel in Hillsborough County?

12:43:39 >> Well, at the time when this was going through, in

12:43:43 general, at the county level as well, for their regulations,

12:43:47 and the thought process was because potentially there would

12:43:49 be some type of licensing for these.

12:43:51 I don't know at this point whether or not that actually went

12:43:53 through.

12:43:54 So this is really -- if you are required to have that type

12:43:59 of license, you have to have it.

12:44:00 >>LISA MONTELIONE: And I would feel better if it was some

12:44:06 kind of license required.

12:44:08 And I say that because maybe folks have seen it or maybe

12:44:13 folks have not seen it.

12:44:17 People who are in the newspaper, on TV, from time to time,

12:44:21 we hear these horrible stories about animal hoarders.

12:44:29 And if you had to get some kind of -- I don't want to talk




12:44:35 about elaborate licensing process but if you have to get

12:44:38 some type of certificate that certifies you as a foster, you

12:44:44 know, family for animals --

12:44:46 >> This special type is an annual permit so essentially you

12:44:50 are getting a permit to do it annually and you have to meet

12:44:52 the criteria so if you wound up in violation we could pull

12:44:56 the permit, we could create some --

12:45:00 >>LISA MONTELIONE: And back to the question of enforcement,

12:45:02 this would be under code enforcement?

12:45:06 >>CATHERINE COYLE: Correct.

12:45:06 Animal services can control any of the other issues that

12:45:10 would be under their jurisdiction.

12:45:14 >>LISA MONTELIONE: And this is going on already now.

12:45:19 Knowing people who have done this in the past.

12:45:23 I have friend who are fostering kittens.

12:45:26 Little kitten.

12:45:27 >> They wouldn't even count under the count we have today.

12:45:31 Because they are under four months of age.

12:45:33 We wouldn't count them.

12:45:34 >>LISA MONTELIONE: I have hesitations.

12:45:42 I'm a dog lover.

12:45:44 I volunteer for organizations, pulled animals out of the

12:45:47 street, take them home.

12:45:49 I have got two of them at home now.

12:45:50 And I have a third that reside Ted Humane Society for a




12:45:54 little bit of time.

12:45:55 And when we talk about noisy neighborhoods, sometimes

12:46:02 barking dogs, especially nine of them, are going to be a

12:46:06 whole lot louder than some of the bar patrons we talked

12:46:10 about a minute ago.

12:46:11 >> Noisy animals, actually barking dogs are declared a

12:46:16 public nuisance.

12:46:17 >>LISA MONTELIONE: Right.

12:46:18 And code enforcement is already overburdened already.

12:46:26 So, you know, I have mixed feelings about this.

12:46:30 On the one hand, it great.

12:46:34 How many animals are considered under the Hillsborough

12:46:39 County ordinance for kennels right now?

12:46:42 >> under the county ordinance?

12:46:48 I don't know.

12:46:50 >>LISA MONTELIONE: Do they have anything similar to this?

12:46:52 >> I believe they have adopted something but I have to go

12:46:54 back and research it.

12:46:57 >>LISA MONTELIONE: How many animals are you allowed to

12:46:58 have?

12:46:59 I know when I worked there it was seven.

12:47:04 >>CATHERINE COYLE: There's the blending so many -- they have

12:47:06 agricultural and everything else.

12:47:07 >>LISA MONTELIONE: When I looked at it 15 years or so ago,

12:47:12 whatever that time period was, it was search.




12:47:14 And it's just because they tepid to be larger in the county

12:47:19 than they do in the city, a more urbanized area.

12:47:21 I don't know.

12:47:22 I have mixed feelings.

12:47:23 >>CATHERINE COYLE: It boils down to the number of four in

12:47:27 our code and I think that's the issue people run into.

12:47:33 We are already tweaking it to six months of age to make sure

12:47:36 that our code matches across chapters.

12:47:38 And a lot of these, the amount of animals that are rescued

12:47:43 or fostered are actually young, they might even fall under

12:47:47 the cap anyway.

12:47:47 So it boils down to four.

12:47:50 What I don't understand necessarily from animal services, I

12:47:53 know what the direction is, but I don't know necessarily the

12:47:55 numbers and what they anticipate.

12:47:59 I don't know if four is enough in a household, or if it

12:48:04 should just be six and Mayk maybe we can change the

12:48:07 definition as opposed to creating whole new use.

12:48:10 >> That may be a way to go.

12:48:13 Has this been transmitted to T.H.A.N. for their review?

12:48:19 >>CATHERINE COYLE: What on the agenda it at this point --

12:48:23 >>LISA MONTELIONE: Yesterday it wasn't on the list and I

12:48:25 was actually quite shocked.

12:48:27 >> We have talked about it in the past because it was in the

12:48:31 cycle.




12:48:34 At this is a staff report so I was coming back for

12:48:37 direction.

12:48:38 >>HARRY COHEN: And I believe Councilwoman Capin was going

12:48:41 to close out the discussion with some suggested direction.

12:48:48 >>YVONNE CAPIN: Thank you.

12:48:48 He keeps me on point here.

12:48:52 The reason that it was continued was because the county was

12:48:57 looking at this.

12:48:58 They have a new person there.

12:49:01 And we are waiting to see what the county was doing.

12:49:07 At this point, I was hoping he could be here.

12:49:12 But it us what because we kind of -- it was a last-minute

12:49:16 thing and we couldn't get him here.

12:49:18 But nonetheless, I think that it is something that we should

12:49:24 look at.

12:49:25 It is very important.

12:49:26 It is a very important component to keeping the animals

12:49:31 alive and getting them adopted.

12:49:33 It is a huge help to the county services.

12:49:36 And if he were here, I would ask that question and how this

12:49:45 plays in that.

12:49:46 And it is a detached home.

12:49:48 And as you said, dog parking -- and it is a nuisance.

12:49:57 So that would be -- I would like to move this forward.

12:50:01 And ask that we take Ms. Coyle's recommendation, and to be




12:50:13 part of the -- how would I say?

12:50:19 >>CATHERINE COYLE: Simply say the next amendment cycle, and

12:50:23 to adjust it in line with the pending amendments on the

12:50:26 general animal ordinance changes that we already have.

12:50:29 So in light of those changes, tweaking those conditions, and

12:50:32 the numbers that are in the code.

12:50:34 >> Do I have to repeat that?

12:50:38 [ Laughter ]

12:50:38 >>HARRY COHEN: Well, we have a second to Councilwoman

12:50:45 Capin's motion.

12:50:46 And then we'll have discussion.

12:50:49 Mr. Reddick second her motion.

12:50:51 Let's have discussion on that motion.

12:50:52 Councilwoman Montelione.

12:50:53 >>LISA MONTELIONE: Well, I was wondering since we don't

12:50:57 have numbers on either side here or numbers like you said,

12:51:02 unfortunately, county commission meets today, and maybe not

12:51:05 necessarily county administrator make Merrill but someone

12:51:10 from one of the zoning staff or departments who might, you

12:51:14 know, be Ms. Coyle's counterpart in knowing what regulations

12:51:18 are being lad at or examined for incorporation into their

12:51:23 code, but I would like to hear from the public.

12:51:26 So I would like to workshop this so we have both the

12:51:29 neighborhoods and the animal rescue groups be able to come

12:51:32 and voice their opinions to find out what is right for us.




12:51:36 How would that affect our text amendment cycle?

12:51:40 >>CATHERINE COYLE: Well, you are actually moving into

12:51:42 technically the July cycle at this point.

12:51:44 I think earlier you mentioned you didn't have a workshop set

12:51:49 for April 25th.

12:51:50 April was actually the cycle I was looking to come forward

12:51:53 for this next cycle.

12:51:55 So if you want to set in the April.

12:51:57 Because I could move the next schedule.

12:51:59 >>HARRY COHEN: Procedurally are you asking for Councilwoman

12:52:02 Capin to make a friendly amendment setting a workshop for

12:52:06 April 25th at 9 a.m.?

12:52:09 >>LISA MONTELIONE: Yes.

12:52:11 >>HARRY COHEN: Councilwoman Capin.

12:52:14 >>YVONNE CAPIN: This has been on here since June.

12:52:16 And followed everything very closely did not refer to this,

12:52:30 I find that as far as T.H.A.N. is concerned, they were

12:52:35 not -- it was not an issue.

12:52:39 So I would like to move forward and then move on.

12:52:49 >>CATHERINE COYLE: If I could make a happy medium

12:52:51 suggestion.

12:52:52 As far as moving it to a workshop, I think the compromise

12:52:54 would be, because it's still moving it forward -- is moving

12:52:58 it to a workshop with the direction that I tweak the

12:53:01 language to bring it up to date with current pending




12:53:04 regulations, and then circling back with the county

12:53:09 regulations to find out -- I can talk to Joe Moretta. He's

12:53:12 in charge of zoning. And find out if there's anything

12:53:16 pending on his side with code and what is required today.

12:53:20 I can do that research.

12:53:21 I can update the language that was in the original cycle.

12:53:23 And still come forward in a workshop.

12:53:25 I think that might be a happy medium, moving it forward.

12:53:31 Sorry.

12:53:33 >>YVONNE CAPIN: I think that's good.

12:53:34 I think moving it forward and at the same time work shopping

12:53:36 it.

12:53:37 That is a good compromise.

12:53:38 >>HARRY COHEN: Councilman Reddick, do you accept it as the

12:53:42 seconder?

12:53:43 Okay.

12:53:43 In that case we have a motion on the floor from Councilwoman

12:53:46 Capin, seconded by Councilman Reddick.

12:53:49 All those in favor please indicate by saying aye.

12:53:51 Opposed nay.

12:53:52 Okay.

12:53:52 That closes out our regular agenda.

12:53:55 We are going to now move on to new business.

12:53:58 Councilman Suarez.

12:53:59 >>MIKE SUAREZ: No new business today, thank you.




12:54:02 >> Councilwoman Capin.

12:54:06 >>YVONNE CAPIN: I need to amend my January 10 motion to

12:54:09 present commendation to Robinson high school head coach Mike

12:54:14 DePue and assistant Rob Burns to present that commendation

12:54:21 on January 31 at 9 a.m.

12:54:24 >> I second that change.

12:54:25 >>HARRY COHEN: Motion from Councilman Capin, second by

12:54:29 Councilman Suarez.

12:54:30 All in favor?

12:54:31 Opposed?

12:54:33 >>YVONNE CAPIN: I also make a motion to present a

12:54:36 commendation to the Girl Scouts of west central Florida in

12:54:39 honor of their 100th anniversary to also be presented on

12:54:43 January 31 at 9:00 a.m.

12:54:45 >>HARRY COHEN: We have a motion from Councilwoman Capin,

12:54:48 seconded by Councilwoman Mulhern.

12:54:50 All those in favor?

12:54:52 Opposed?

12:54:55 Okay.

12:54:56 Councilman Reddick.

12:54:57 >>FRANK REDDICK: I have a few that I need to get done.

12:55:00 First, I withdraw my request for presentation by the health

12:55:09 care issues.

12:55:10 That's been resolved between Baycare and United Healthcare.

12:55:13 I am going to request that that be withdrawn.




12:55:17 >>HARRY COHEN: Seconded by Councilman Suarez.

12:55:19 All in favor?

12:55:21 Opposed?

12:55:22 >>FRANK REDDICK: I am going to ask that someone from parks

12:55:25 and recreation appear before council on February 7th to

12:55:30 provide a report on any plans the city has for redoing the

12:55:35 repairs, 10 a.m.

12:55:44 >>HARRY COHEN: Seconded by Councilwoman Mulhern.

12:55:46 All those in favor please indicate by saying aye.

12:55:49 Opposed?

12:55:49 >>FRANK REDDICK: One more.

12:55:51 Make a motion for commendation to reverend A.J. Richardson

12:55:56 of the eleventh district, AME church.

12:56:01 >>HARRY COHEN: Is there a date or are we going to leave

12:56:07 that open ended?

12:56:09 >> The 26th, this weekend.

12:56:12 >>HARRY COHEN: Seconded by Councilman Suarez.

12:56:14 All those in favor please indicate by saying aye.

12:56:16 Opposed?

12:56:17 >>FRANK REDDICK: And the last item, Mr. Chair, and thank

12:56:20 you for your patience.

12:56:23 I want to make a motion to request someone from land

12:56:28 development and clerk's office to appear before council on

12:56:32 February 21st under staff report at 10 a.m. to discuss

12:56:37 the Thursday night meetings to maybe twice a month zoning




12:56:46 issues, and limiting each agenda item to a maximum of 6 to

12:56:52 8.

12:56:52 And my reason for this is that I think previously, council

12:56:58 need to have at least twice a month, so we are not having

12:57:04 these meetings at eight and nine one night, and I don't know

12:57:08 about you all, but I needed an aspirin after the last one --

12:57:20 >> I didn't get home till a quarter to one in the morning.

12:57:20 >> Council meeting twice.

12:57:21 >>HARRY COHEN: We have a motion from Councilman Reddick

12:57:24 already seconded by Councilwoman Montelione.

12:57:26 All those in favor? Opposed? Okay.

12:57:30 Councilwoman Mulhern.

12:57:33 Councilwoman Montelione.

12:57:34 >>LISA MONTELIONE: Yes, sir.

12:57:36 I would like to schedule a commendation, ask council's

12:57:42 permission for commendation to Tampa's Wheels of Success

12:57:45 Founder Susan Jacobs.

12:57:47 She was named 2012 Purpose Prize Fellow. The Purpose Prize

12:57:52 honors Americans age 50 and older for changing lives in new

12:57:56 and innovative ways and not only their own lives but those

12:58:00 of others.

12:58:00 She was named a Fellow for her commitment to keeping Tampa

12:58:03 Bay families working in regards to obtaining safe and

12:58:08 reliable means of transaction to ensure continued support.

12:58:11 She was selected from a pool of over 800 nominees across the




12:58:16 country. She's the only one from Florida.

12:58:19 And it just a tremendous honor, because they only recognize

12:58:26 35 people across the United States.

12:58:28 And they have five prize winners, so they get 800

12:58:35 applications. Now 35.

12:58:37 They award five, $100,000 to continue their efforts.

12:58:42 I would like to have her here for commendation.

12:58:49 That date would be to be determined by Ms. Jacob's schedule.

12:58:53 >>HARRY COHEN: Seconded by Councilwoman Capin.

12:58:55 All those in favor please indicate by saying aye.

12:58:58 Opposed?

12:58:58 >>LISA MONTELIONE: Thank you, council members.

12:59:01 I also would like to invite Steven Sapp, the editor in chief

12:59:05 of Epic newspaper to come and provide us with some

12:59:11 information on how the operation of the paper has changed

12:59:16 over the past years since its inception.

12:59:20 We talked about this subject a lot in the past years.

12:59:24 So I would like to have an idea of how things are going, and

12:59:28 what their mission is. And I would like to schedule that

12:59:31 for March 7th at 9 a.m.

12:59:33 >>HARRY COHEN: We have a motion from Councilwoman

12:59:37 Montelione, seconded by Councilman Reddick.

12:59:40 All those in favor? Opposed? Okay.

12:59:45 We have a motion --

12:59:49 >>LISA MONTELIONE: Do you have any new business?




12:59:50 >>HARRY COHEN: I do not.

12:59:51 I would have passed the gavel.

12:59:53 We have a motion by Councilman Reddick, seconded by

12:59:56 Councilwoman Mulhern to receive and file. All those in

01:00:00 favor? Opposed? Okay.

01:00:03 We are adjourned.

01:00:09



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