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TAMPA CITY COUNCIL

Thursday, April 18, 2013
9:00 a.m. session


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08:50:15 [Sounding gavel]

09:06:19 >>CHARLIE MIRANDA: City Council is called to order.

09:06:20 The chair yield to Mrs. Mary Mulhern.

09:06:25 >>MARY MULHERN: It is my pleasure to introduce, to give our

09:06:27 invocation today,

09:06:29 Reverend James C. Burchett, who leads the congregation at

09:06:36 Tampa First Church of God on Busch Boulevard.

09:06:39 He followed in his father's footsteps and began searching

09:06:41 the church shortly after college.

09:06:43 He has served congregations in Ohio, North Carolina, West

09:06:46 Virginia, and Florida.

09:06:48 Dr. Burchett is founder at one of the universities in Lake

09:06:57 Wales, while serving the Church of God.

09:07:01 He and his wife Carolyn have four children, 12 grandchildren

09:07:04 and four great children.

09:07:06 They have been married for 60 years.

09:07:08 Everyone please stand for the invocation and remain standing

09:07:11 for the pledge of allegiance.

09:07:12 >> Let us pray.

09:07:23 Almighty God, our heavenly father, creator and sustainer, we

09:07:29 lift our hearts to you in praise and Thanksgiving for your

09:07:33 many blessings.

09:07:35 You have granted us faith to believe that you desire the

09:07:40 best for each of us.

09:07:42 So purge our hearts of sins that rob us of capacity to do

09:07:48 your will.

09:07:50 In a world that has too much darkness and too much evil, let

09:07:54 us so live our lives to be beacons of your goodness and

09:08:00 peace.

09:08:00 We mourn for those who have suffered at the hands of evil

09:08:06 men.

09:08:06 Lord, make of our hearts cathedrals of praise, that all men

09:08:10 may see and value your glory above earth.

09:08:16 May we not become so hardened by the stress of life that we

09:08:20 cannot move daily toward the light of your heavenly

09:08:24 character.

09:08:29 Those that we may seek for wisdom instead of wealth,

09:08:33 humanity instead of recognition, responsibility instead of

09:08:36 greed.




09:08:37 Now, Lord, I ask that you bless these leaders whom you have

09:08:42 placed in their position so they can be an instrument of

09:08:45 blessing to the citizens of this city.

09:08:51 Send your heavy spirit today to guide them and to guide us

09:08:54 for more complete service.

09:08:57 We make this prayer with faithful hearts.

09:09:01 Amen.

09:09:01 [ Pledge of Allegiance ]

09:09:04 >>CHARLIE MIRANDA: Roll call.

09:09:29 >>MIKE SUAREZ: Here.

09:09:32 >>FRANK REDDICK: Here.

09:09:33 >>MARY MULHERN: Here.

09:09:34 >>HARRY COHEN: Here.

09:09:35 >>LISA MONTELIONE: Here.

09:09:37 >>CHARLIE MIRANDA: Here.

09:09:40 Item number 1.

09:09:42 Mr. Harry Cohen, presentation and commendation to Mothers

09:09:48 Against Drunk Driving.

09:09:50 >>HARRY COHEN: I would like to ask Sharon Hall to meet me

09:10:05 at the podium.

09:10:06 It's my pleasure to presents to Mothers Against Drunk

09:10:08 Driving of the Tampa Bay area with a commendation from City

09:10:12 Council in recognition of power talk 21.

09:10:16 In partnership with other national organizations focused on

09:10:19 the safety of America's youth, MADD promotes Power Talk 21




09:10:25 day annually by engaging parents and teens with the

09:10:28 resources to start talking about alcohol, spearheaded

09:10:33 through strategic national events.

09:10:35 Local MADD affiliates working with schools and program

09:10:38 partners participate in significant outreach to parents to

09:10:41 conduct workshops, distribute parent handbooks and promote

09:10:46 Power Talk 21 day.

09:10:49 This year Power Talk 21 will be held this Sunday, April

09:10:53 21st, and we are going to hear a few words about it from

09:10:57 Sharon Hall, who is the program director.

09:10:59 >> Good morning.

09:11:03 I just want to extend our thanks from Mothers Against Drunk

09:11:07 Driving to the City Council of Tampa for supporting us in

09:11:11 the work we do and specifically this time of year when we do

09:11:14 bring national attention to April 21st as the day we say

09:11:17 to start the conversation with your teens about alcohol.

09:11:21 The value of parents talking to their teens about alcohol

09:11:24 and how they feel about it and what the consequences are

09:11:26 just cannot be beat.

09:11:28 Three fourths of the teens surveyed say that their parents

09:11:31 are their leading authority on whether they choose to drink,

09:11:35 and we know from research that the earlier kids, teens start

09:11:42 to drink the more often they drink and the more heavily they

09:11:45 drink when they are outside the home.

09:11:46 So we just give a discussion in prevention of underage




09:11:50 drinking.

09:11:51 Yesterday, MADD held a national news conference in

09:11:54 Washington, D.C. and they released new data from the SAMHA,

09:11:57 which is Substance Abuse for Mental Health Agencies.

09:12:01 That data says that 68% of the teens that cause fatalities,

09:12:08 or cause deaths in this country, 68% are not traffic

09:12:12 related.

09:12:14 So that means that they are homicides, suicides, alcohol

09:12:17 poisoning, and other causes of death.

09:12:20 So we are not just talking about teens drinking and driving,

09:12:23 we are talking about teens drinking overall.

09:12:25 And it's just an important mission.

09:12:27 So we appreciate your attention and the commendation today.

09:12:30 Thank you.

09:12:45 >>CHARLIE MIRANDA: Thank you.

09:12:45 Item number 2.

09:12:47 Councilman Suarez.

09:12:48 >>MIKE SUAREZ: I would like to ask Wit Ostrenko --

09:12:59 hopefully I said it right -- the CEO of MOSI up near USF,

09:13:04 and he is going to present to us the name of this year's

09:13:07 recipient of the National Hispanic Scientist of the Year.

09:13:11 >> Thank you very much.

09:13:14 As president of MOSI, my favorite thing to do is introduce

09:13:18 the chairman and past chair.

09:13:21 >> Good morning.




09:13:28 My name is Maruchi Azorin Blanco. I have had the

09:13:30 opportunity to work with many of you in our community.

09:13:32 This is a particularly close event to my heart. I started

09:13:36 this event 13 years ago, because I knew that Hispanic

09:13:39 children were going to be out numbering a lot of the things

09:13:45 that they wanted to do.

09:13:48 I want to make sure that Hispanic children have the

09:13:49 opportunity to fulfill their American dream through

09:13:51 education.

09:13:51 So we started the National Hispanic Scientist of the year 13

09:13:56 years ago this year.

09:13:57 Our 13th recipient is Dr. Raul Cuero from Columbia.

09:14:07 His picture is on the poster. He's a microbiologist.

09:14:09 He himself is a result of someone caring.

09:14:10 50 years ago he was in a small town, one of the poorest

09:14:18 cities in Columbia, and to make a long story short, this

09:14:22 young man worked as a consultant for NASA, has 19 patents of

09:14:32 invention, he's a microbiologist, and he will be rendering

09:14:36 his wisdom on the weekend of October 10th to help over

09:14:41 2,000 children, primarily Hispanic, at the science center

09:14:45 when they come to meet the scientist.

09:14:48 The wonderful thing about this program through the years is

09:14:51 that the scientists that have come to visit MOSI and impact

09:14:56 their wisdom on these children are very much like these

09:14:57 children. Somebody gave them a chance to fulfill their




09:15:01 dreams.

09:15:02 Over these last 13 years, we have impacted the lives of

09:15:05 20,000 young people, primarily Hispanic, in middle school,

09:15:08 and we hope that you will join us at the gala on October

09:15:11 12th when we prevent him hopefully the most wonderful reward

09:15:16 and honor that this man has ever seen.

09:15:18 So we invite you to come. And I'll turn it back to Wit

09:15:19 Ostrenko.

09:15:21 >> I had the good fortune of calling him up and announcing

09:15:32 the award that we bestowed upon him, and he was so humble

09:15:36 and so excited about participating in this kind of program.

09:15:38 This is the first in the nation, the only one in the nation

09:15:41 that does this.

09:15:45 And as a kid, he had a dirt floor, nothing to play with, and

09:15:58 he would collect lizards and frogs and things for medicinal

09:16:08 purposes -- I'm not quite sure what -- but particularly the

09:16:10 cockroaches.

09:16:11 He would study them.

09:16:12 But it led him out of that impoverished area, and now he

09:16:18 built a program to help other people in the world, a dream

09:16:22 for him, to get out their impoverished lives, their own

09:16:26 creativity, their own innovation, and hopefully follow in

09:16:30 his footsteps.

09:16:31 In fact, the United Nations has recognized him now as their

09:16:35 millennium spokesperson on raising the one billion of




09:16:40 impoverished people in the word that are just below the

09:16:42 poverty line, to get their creative juices going, so they

09:16:45 can move up above the poverty line.

09:16:47 He's a great spokesperson for all Hispanics, for all

09:16:47 scientists. He's 6-foot 5, African Colombian.

09:16:56 He was on the Colombian National Basketball team, and now

09:17:00 lives and studies and works around the globe, so he's really

09:17:05 a global person for all, and glad to bring him to Tampa.

09:17:08 Thank you.

09:17:13 >>CHARLIE MIRANDA: Thank you, Wit.

09:17:13 We appreciate it.

09:17:14 Any questions?

09:17:17 >>LISA MONTELIONE: Not so much of a question, but I wanted

09:17:20 to highlight the aspect that we have -- the asset that we

09:17:26 have in MOSI, because you brought some wonderful exhibits to

09:17:29 MOSI, to our area of Florida and of the country that have

09:17:35 been unprecedented.

09:17:37 And I know the work that goes on behind the scenes, and the

09:17:40 leadership that it takes to really expand and highlight what

09:17:50 we have here in Tampa.

09:17:52 And I am not sure that everyone has gotten to see what MOSI

09:17:58 has to offer, but I really highly encourage everyone to

09:18:01 really take the time.

09:18:05 And there's something for everyone.

09:18:07 I haven't tried the course yet but it's on our to-do list.




09:18:13 >> Thank you very much.

09:18:18 And the second world edition will be creatures of the sea

09:18:23 and it's like walking through the Gulf of Mexico and seeing

09:18:26 all the creatures of the sea.

09:18:28 Thank you very much.

09:18:30 >>CHARLIE MIRANDA: Thank you very much for attending.

09:18:32 And you have got a great place there.

09:18:35 Councilman, we need the approval of the agenda and the

09:18:37 addendum to the agenda.

09:18:39 >> So moved.

09:18:40 >> Second.

09:18:41 >>CHARLIE MIRANDA: Motion by Mrs. Montelione.

09:18:42 Second by Mr. Suarez.

09:18:43 Discussion by council members?

09:18:44 All in favor of the motion please indicate by saying aye.

09:18:46 Opposed nay.

09:18:47 The ayes have it unanimously.

09:18:49 We go to public comment for three minutes.

09:18:51 Anyone in the audience that would care to speak oh to any

09:18:53 item on the agenda first, and then that want to speak for

09:18:56 three minutes who have no subject matter.

09:19:02 Anyone in the audience that wants to speak to items on the

09:19:04 agenda first.

09:19:05 Come up, state your name, address and the item you would

09:19:08 like to speak to.




09:19:09 Yes, sir.

09:19:09 >> Ryan Weeks.

09:19:13 My address is 100 North Tampa Street, with Mills, Paskert

09:19:15 Divers.

09:19:17 This is on agenda item number 15.

09:19:21 We are representing Five-Star audio-visual, who have been a

09:19:25 sole provider in audio-visual services for the Tampa

09:19:27 Convention Center since 1996.

09:19:30 We are here to contest agenda item number 15, and I want to

09:19:33 take you through a brief synopsis of the facts behind this.

09:19:36 On August 17th of 2012, the City of Tampa issued a

09:19:40 request for proposals for the audio-visual services for the

09:19:43 Tampa Convention Center with a proposal deadline for October

09:19:47 3rd of 2012.

09:19:50 Requests for proposals are meant to provide proposers with a

09:19:53 fair and honest chance to win proposals.

09:19:56 Looking at it from another view, it is meant to thwart

09:20:00 anti-competitive conduct.

09:20:02 Five Star and AVI Rental Services both submitted proposals

09:20:06 before the deadline.

09:20:07 On October 15 of 2012 the proposal opening occurred and the

09:20:12 proposals submitted became public record and available by

09:20:14 any person, even other proposers.

09:20:18 On January 18th of 2013, a meeting occurred between AVI

09:20:22 and the evaluation committee to discuss among other things




09:20:26 the calculation of AVIs commission structure.

09:20:30 On January 30th of 2013, and three months after Five

09:20:34 Star's proposal became public record, AVI was allowed to

09:20:38 submit a document entitled Clarification and Additional

09:20:42 Information.

09:20:44 The submittal's first page states, and I quote: In order to

09:20:47 show our commitment to a true partnership, we have combined

09:20:50 our options and increased our financial offering.

09:20:55 This shows that, opposed to a clarification of the original

09:20:58 proposal, AVI was entitled to modify the proposal to become

09:21:02 a completely new submittal almost four months after the

09:21:06 initial deadline passed.

09:21:08 The evaluation committee's actions remove the fairness that

09:21:11 is supposed to be provided to all proposers on city

09:21:14 contracts.

09:21:15 AVI and only AVI was allowed to amend its proposal over

09:21:20 three months after Five Star's proposal was made public,

09:21:22 thereby prejudicing Five Star.

09:21:26 This council has the ability and the responsibility to

09:21:29 ensure that this type of anti-competitive behavior is not

09:21:33 allowed in the City of Tampa, because situations like this

09:21:35 will taint the city's reputation as a fair and honest place

09:21:40 to do business.

09:21:40 Not taking action will only encourage others to ignore the

09:21:43 rules that were set up to provide every business a fair




09:21:47 opportunity to conduct business here in Tampa.

09:21:51 Therefore, we request the City Council take one of the

09:21:55 following actions.

09:21:56 One, reject AVI's award of the contract and award it to the

09:22:01 second ranked proposer.

09:22:02 Or, two, deny the evaluation committee's request to approve

09:22:05 the award effectively requiring the request for proposal

09:22:09 request to begin anew.

09:22:10 Five Star stands ready, willing and able to perform the work

09:22:14 while this is being done.

09:22:17 >>CHARLIE MIRANDA: Thank you very much.

09:22:17 We appreciate your presentation.

09:22:22 Anyone else in the audience?

09:22:23 >> I'm John Zettel. I'm the CEO of AVI-SPL, and I'm at 3130

09:22:32 South Waverly Park, Tampa, Florida.

09:22:34 AVI-SPL was recommended for the Tampa Convention Center

09:22:39 contract. Audio visual contract. I wanted to give you a

09:22:43 brief background on AVI-SPL.

09:22:47 We are the world's largest audio visual company.

09:22:50 We are headquartered right here in Tampa, Florida and have

09:22:52 been for over 30 years.

09:22:55 We have revenues that exceed $550 million.

09:22:58 We have 1800 employees worldwide, 350 of which work right

09:23:04 here in Tampa.

09:23:06 In regards to on-site audio visual services similar to the




09:23:09 Tampa Convention Center, we currently service over 100

09:23:12 properties worldwide.

09:23:13 This is one of our core competencies.

09:23:18 We have a proven track record of driving additional revenue

09:23:20 at the properties in which we support.

09:23:24 In specific regard to the Tampa Convention Center, I would

09:23:27 like to say that AVI-SPL submitted a more competitive

09:23:30 financial package at the initial screening of the bids. We

09:23:36 were awarded a higher score.

09:23:38 We provide broader services than our competitor which allows

09:23:41 for more revenue opportunity at the convention center.

09:23:45 We have a warehouse located right here in Tampa, Florida

09:23:47 with over $20 million of equipment which reduce cross

09:23:53 rentals adding more revenue opportunities to the Tampa

09:23:55 Convention Center.

09:23:57 Our staff has worked at the convention center since its

09:24:00 inception as an independent contractor, and we provide our

09:24:04 employees with rigorous training that is accredited by our

09:24:08 industry, Infilcom so we make sure we maintain the highest

09:24:15 level of standards.

09:24:16 We are proud and excited to be awarded this opportunity, and

09:24:21 we will treat it as such going forward.

09:24:25 I thank you.

09:24:26 And I encourage you to follow the recommendation of the

09:24:29 procurement process and go with the recommendation to award




09:24:33 this contract to AVI-SPL.

09:24:35 Thank you very much.

09:24:38 >>CHARLIE MIRANDA: Anyone else in the audience care to

09:24:39 speak?

09:24:40 Items on the agenda or off the agenda.

09:24:43 I see no one at this time.

09:24:46 I need anyone in the audience care to speak?

09:24:55 >> Good morning.

09:24:58 My name is Alexkos Zambrano. I live at 1108 Columbus

09:25:07 Avenue.

09:25:08 >>CHARLIE MIRANDA: West or east?

09:25:10 >> East Columbus.

09:25:11 I'm here today representing the Tampa jobs fair of our

09:25:14 statewide organization, gym defenders, and I'm here today

09:25:18 with a resolution written up by our chapter members where we

09:25:22 are asking different City Councils across Florida to support

09:25:27 a resolution to give the right to have drivers' licenses to

09:25:32 undocumented immigrants here in the State of Florida as has

09:25:34 already been done in Illinois and Maryland.

09:25:38 I have this here in my hand.

09:25:40 >>CHARLIE MIRANDA: Thank you very much.

09:25:41 Mr. Suarez.

09:25:42 >>MIKE SUAREZ: I met you in the elevator.

09:25:46 I didn't tell you I was a City Councilman at the time.

09:25:49 But if you could, why don't you arrange to meet with some of




09:25:51 our folks, myself and some of the other council members to

09:25:56 give us more specifics on the resolution to make a

09:26:00 determination?

09:26:03 >>CHARLIE MIRANDA: I think you ought to meet with the legal

09:26:05 department.

09:26:06 >>MIKE SUAREZ: That, too.

09:26:07 He just wants a letter from the council.

09:26:10 But, you know, need to know more.

09:26:14 >> Thank you very much.

09:26:19 >>CHARLIE MIRANDA: Anyone else in the audience to speak

09:26:22 about anything on the agenda or off the agenda?

09:26:24 I see no one at this time.

09:26:25 >>FRANK REDDICK: I just want to go back and ask one

09:26:28 question to the Five Star representative.

09:26:35 Sir, when you submitted your bid and you were informed that

09:26:40 your bid was not accepted, did you have an opportunity to

09:26:44 appear?

09:26:46 >> Yes, sir, it was included in the request for proposals.

09:26:51 And there was a notice of protest that was originally filed

09:26:54 by Five Star.

09:26:55 This is before obtaining counsel.

09:26:59 And I have the dates of that.

09:27:00 It was denied, I believe, on February 18th of 2013, the

09:27:06 original notice of protest.

09:27:07 There was nothing included in the letter regarding




09:27:10 additional ways to protest.

09:27:11 I believe there was a 30-day time frame to file a formal

09:27:15 appeal outside of that.

09:27:17 At that time, they did not have real counsel and that wasn't

09:27:23 requested in the response on February 18 or the proposal.

09:27:26 By the time they did obtain counsel it was at the 30 day

09:27:29 time period passed, and that's when we came to this council

09:27:34 because of the deviation that should occur with a request

09:27:37 for proposal package.

09:27:39 You guys would be the back stop to stop things like this

09:27:41 from happening.

09:27:42 >>FRANK REDDICK: All right.

09:27:43 Thank you.

09:27:46 >>CHARLIE MIRANDA: Requests for public reconsideration of

09:27:48 past legislative matters on the previous meeting that we had

09:27:52 at City Council.

09:27:54 I see none at this time.

09:28:00 We go to committee reports.

09:28:03 Items 3 through 48.

09:28:05 And first we are going to start with item 3 which is an

09:28:08 ordinance presented for first reading consideration, item

09:28:10 number 3.

09:28:11 >>REBECCA KERT: Legal department.

09:28:21 This is an amendment to chapter 14 of the City of Tampa code

09:28:26 regarding hours of sale for consumption of alcoholic




09:28:28 beverages.

09:28:29 It does not change the background information, does not

09:28:34 change the hours of operation at all but does update and

09:28:37 clarify the language and address some of the issues we have

09:28:39 had previously, and I'm available if there are any

09:28:43 questions.

09:28:44 >>CHARLIE MIRANDA: Mr. Suarez, would you kindly take number

09:28:46 3, please?

09:28:48 >>MIKE SUAREZ: Thank you, chair.

09:28:49 I present an ordinance for first reading consideration, an

09:28:52 ordinance of the city of Tampa, Florida making revision

09:28:56 through the City of Tampa code ordinances chapter 14

09:28:59 offenses, amending section 14-150.1 hours of sale for

09:29:04 consumption on and off premises, repealing all ordinances or

09:29:08 parts of ordinances in conflict therewith, providing for

09:29:11 severability, providing an effective date.

09:29:12 >>LISA MONTELIONE: Thank you, I'm sorry I had to step out

09:29:17 for a moment.

09:29:18 I had a discussion with Ms. Kert yesterday when I was doing

09:29:22 my agenda review, and there is one part of this ordinance

09:29:27 that I feel we can still accomplish what we need to

09:29:33 accomplish and provide Tampa Police Department with the

09:29:36 tools they need to enforce the ordinance.

09:29:39 However, the section 14-150.1-C-3 states: Any business

09:29:51 owner, manager, or employee.




09:29:56 And the part that I am asking council to consider removing

09:30:00 is "employee."

09:30:03 And the reason for that is I had the opportunity to

09:30:08 accompany TPD, ATS and self other agencies including the

09:30:15 sheriff's office in Hillsborough County on a raid of an

09:30:22 establishment that was suspected of selling alcohol to

09:30:25 minors.

09:30:26 And what happened was the managers came out, and one of them

09:30:34 was arrested.

09:30:37 They had to decide between the two managers which of the

09:30:40 managers was going to be arrested because one of them had

09:30:43 been previously charged with selling alcohol to minors.

09:30:49 And business owners need to be held accountable.

09:30:54 They are the one that set the rules.

09:30:56 They are the ones that set the tone.

09:30:57 They are the ones who allow certain activities to take place

09:31:01 within their establishments.

09:31:04 Managers as well.

09:31:05 They take responsibility.

09:31:06 They manage the staff.

09:31:07 They set the tone for their employees.

09:31:12 The employees often are working minimum wage, and they are

09:31:18 trying to just make ends meet.

09:31:23 And in this particular establishment, in the vicinity of the

09:31:27 University of South Florida, and they are just doing what




09:31:33 they are told to do.

09:31:34 And they are caught between making the right-of-way choice,

09:31:40 which would be to not knowingly serve alcohol to those they

09:31:44 understand to be underage, but they are not the ones carding

09:31:49 the people at the door.

09:31:50 They are working inside the establishment after somebody has

09:31:53 already let them in, supposedly checking to make sure that

09:31:56 they are of age to be allowed inside the club.

09:32:02 And if they don't do what they are told by the managers and

09:32:06 the business owners, they get fired.

09:32:11 So I think that we can have an ordinance that is

09:32:14 enforceable, that gives the tools to TPD what they noticed

09:32:18 to have without having employees be the party responsible.

09:32:23 General managers, managers, business owners, absolutely,

09:32:26 yes.

09:32:28 But to charge an employee with the offense, I think, is not

09:32:35 the right thing for us to do.

09:32:37 The employees, as I said, are often just doing what they are

09:32:42 told.

09:32:47 Also, my fear is they can become the scapegoats for the

09:32:50 managers and the owners to say, well, you know, I told them

09:32:53 what the rules are and they went ahead and did it anyway.

09:32:56 So I don't want some person who is just trying to make end

09:33:01 meet be the scapegoat for those that really should be held

09:33:06 responsible.




09:33:06 So I would ask for consideration that the word employee be

09:33:11 stricken from the ordinance.

09:33:14 >>CHARLIE MIRANDA: Thank you very much.

09:33:15 Mr. Suarez?

09:33:16 >>MIKE SUAREZ: Ms. Kert, can you answer a question for me?

09:33:18 Are you responsible with the familiar vendor training?

09:33:22 >>REBECCA KERT: Yes.

09:33:23 >>MIKE SUAREZ: Could you explain that, please, what

09:33:25 responsible vendor training is?

09:33:27 >>REBECCA KERT: I can't explain in the great.

09:33:31 >> We don't need great detail.

09:33:33 This is City Council, come on.

09:33:35 >>REBECCA KERT: That they can voluntarily participate in,

09:33:38 and if there are any violations they receive certain

09:33:44 benefits having their employees trained understood this

09:33:48 program.

09:33:48 >> And they train all employees that handle liquor,

09:33:50 primarily, for those patrons that are going to come over

09:33:53 there.

09:33:53 So the employees themselves typically is trained

09:33:56 specifically on how to deal with serving alcohol to those

09:34:00 people that may have too much alcohol, or maybe underage and

09:34:04 so on.

09:34:04 That's kind of what that vendor training is.

09:34:09 Has there been any thought of including that as a part of




09:34:11 the section of it?

09:34:13 It may alleviate the fears that Ms. Montelione has.

09:34:17 I understand what she's trying to say.

09:34:19 But most reputable places do provide vendor training for

09:34:26 those individuals employees.

09:34:30 I mean, most of the bars and restaurants that I have dealt

09:34:32 with in my professional career beings almost all of them do

09:34:35 it.

09:34:36 So I'm not sure if that's something you thought about or

09:34:40 looked at, and maybe make it part of the ordinance.

09:34:43 I mean, I think we should go forward with this.

09:34:48 I believe with the responsible vendor training, it is there

09:34:54 specifically for those people that serve alcohol, and the

09:34:56 employees are responsible at that point when they are

09:35:00 serving the alcohol.

09:35:01 I mean, they do the training and hopefully that will

09:35:06 alleviate many of your fears.

09:35:07 I'm not sure if it does.

09:35:09 >> I believe Mr. Cohen wants to speak as well.

09:35:13 >>HARRY COHEN: Question for Ms. Kert.

09:35:17 Is it time sensitive, this issue?

09:35:19 >>REBECCA KERT: It time sensitive in the fact the way the

09:35:21 ordinance is currently written, TPD is unable to bring

09:35:25 charges against a manager who allowed people of a hours.

09:35:32 They can only go at this point after the patrons.




09:35:35 The way the ordinance is currently written, it says the

09:35:37 business establishment cannot allow of a hours, so if there

09:35:41 are any charges against the manager, detectives were

09:35:44 dismissing the cases because the manager --

09:35:48 >> This has been on the books this way for a number of

09:35:50 years?

09:35:51 >> Yes.

09:35:51 This has just come to light recently.

09:35:54 >>HARRY COHEN: I guess what I am saying time sensitive, I

09:35:57 understand the concern that Mrs. Montelione is expressing.

09:36:04 I'm concerned if you take out the word employ will actually

09:36:07 make the ordinance way too restrictive in terms of who it

09:36:10 might cover.

09:36:11 I do understand, however, where she's going, and I just

09:36:14 wondered if we could have a week to ask some questions about

09:36:18 it rather than make a decision now, you know.

09:36:25 But my inclination is we still need to be able to have most

09:36:33 of the people working inside of an establishment.

09:36:35 >>REBECCA KERT: Certainly.

09:36:36 >>LISA MONTELIONE: Yes, I am aware of the vendor training.

09:36:41 However, as Ms. Kert said, it's voluntary, so not every

09:36:45 establishment participates in the employee vendor training

09:36:52 program.

09:36:53 And even if they do, the reality is that managers and owners

09:36:58 are going look for a scapegoat and they are going to say




09:37:03 it's the employee who did it.

09:37:05 Yes, they went through the training, yes, they know better

09:37:09 than to serve, but, you know, I had nothing to do with it

09:37:12 when in fact it really the business owner and the manager

09:37:14 who are instructing the employee that you do this or you

09:37:20 lose your job.

09:37:21 So that's my concern, is that the employee is going to be

09:37:24 the one that we end up taking to court, and really they are

09:37:27 not the problem.

09:37:29 It's the managers and the business owners that are the

09:37:31 problem that as I say set the rules, set the tone, and the

09:37:38 parameters, and we are going to be dragging into court and

09:37:41 arresting people who really are just doing what they are

09:37:46 told, or they are losing their jobs.

09:37:49 So I feel it's really the managers and business owners that

09:37:54 need to be held accountable.

09:37:56 And they can go through all the training they want.

09:37:59 But reality is, those business owners and those managers

09:38:02 aren't going to be the ones who go to jail and if they find

09:38:06 somebody else who are going to be in handcuffs, they are

09:38:09 going to find somebody else to be in handcuffs.

09:38:13 >>CHARLIE MIRANDA: Let me just say this.

09:38:14 I understand both sides of the statements that were made and

09:38:18 very agreeable, not opposed to one week held back.

09:38:21 But let me say that someone has to be held, has to be




09:38:29 absolute in charged with some type of crime.

09:38:32 Who that is up to debate.

09:38:35 But the employee has also a right to file a lawsuit against

09:38:38 the employer, if that employee is fired to do something

09:38:43 that's against the law.

09:38:44 Right now it's up in the air what the law is.

09:38:46 And if I read this ordinance correctly, the first sentence,

09:38:51 I think, talked about the crux of what you wanted to do was

09:38:54 to have the proper instrument for litigation to be able to

09:38:58 be successful on behalf of all the citizens of the city.

09:39:02 And the absolute insured may be the employer at the end of

09:39:05 the day, it might be the employee and the manager at the end

09:39:08 of the day and might be the employee, manager and owner.

09:39:12 I don't know that.

09:39:13 But the more people you put in, the harder it is to

09:39:16 prosecute because you can't have the absolute insured being

09:39:21 divided five ways because then there is no absolute assured.

09:39:25 I do that in my other world that I work in, and he would

09:39:28 make the trainer the absolute insured.

09:39:30 Whatever happens in that trainer's barn, he or she is

09:39:33 responsible and that's the end of it so they know that.

09:39:36 And once they know that, guess what, it's an avenue that you

09:39:41 can fix, it's an avenue that you can find, it's an avenue

09:39:44 that you can expand and prosecute, and we don't lose too

09:39:49 many cases or none at all.




09:39:51 That's all I am going to say.

09:39:54 If you want to make a one-week --

09:39:57 >>FRANK REDDICK: I want to make a comment, Mr. Chair.

09:40:02 You know, I will be more than happy to support if you want

09:40:04 to move to another week.

09:40:06 But I'm going to say now that I will not support employees,

09:40:18 because what the chairman stated that employees can sue the

09:40:27 owner if they are arrested, even if they do not participate

09:40:32 in the vendor training program.

09:40:35 But when we start putting limitation on denying those people

09:40:40 their responsibilities.

09:40:43 So if someone wants to move it another week beings fine.

09:40:46 But I still will not support it with employees.

09:40:53 >>MARY MULHERN: I'm ready to second this and approve it

09:41:00 today with the agreement that you would discuss further with

09:41:07 Councilwoman Montelione and come back with a report on what

09:41:12 her concerns are because we can always change it, make an

09:41:17 amendment later or not.

09:41:18 >>REBECCA KERT: Yes, you can always amend it.

09:41:23 You can pass it on first reading in two weeks.

09:41:26 You can pass it again and then in a month come back with

09:41:28 some changes if that's what you wanted or continue for the

09:41:30 two weeks.

09:41:31 >> So we could pass on first reading today, and you could

09:41:35 still look into her questions and amend it before the second




09:41:37 reading?

09:41:40 >> No.

09:41:41 I cannot amend anything between first and second reading

09:41:43 without direction of council.

09:41:44 I mean, if you are looking to continue to have discussion,

09:41:47 you might as well just continue the item.

09:41:52 >>YVONNE CAPIN: If someone knowingly breaks the law, he's

09:41:57 not innocent, he has an obligation to say no.

09:42:01 And the people that work in these establishments are adults.

09:42:07 That is the law.

09:42:11 You break the law, you broke the law.

09:42:15 That's where I stand on that.

09:42:16 >>MARY MULHERN: I second the motion.

09:42:20 >>CHARLIE MIRANDA: I don't know if I have one.

09:42:22 >>MARY MULHERN: Seconding Councilman Suarez'.

09:42:29 >>CHARLIE MIRANDA: Mr. Suarez made a motion for approval.

09:42:32 Second by Mrs. Mulhern.

09:42:34 Any further discussion by council members?

09:42:37 >> Just one last thing to address what Mr. Reddick said and

09:42:41 what you had said, chair, about suing the employer.

09:42:48 These individuals who are working at minimum wage are not

09:42:51 going to pursue legal counsel.

09:42:56 That's an assumption I'm making, but I would say that if

09:43:00 research were to be done, these individuals are not

09:43:11 concerned necessarily with prolonging an event through the




09:43:13 legal system.

09:43:17 They will take whatever is handed to them and move on.

09:43:23 So to say they can sue the employer is probably not going to

09:43:27 happen.

09:43:28 And Mrs. Kert, I don't want to make a statement that may not

09:43:36 be correct.

09:43:37 In the State of Florida, is it legal for someone who is

09:43:41 under 21 but of working age to serve alcohol?

09:43:48 >>REBECCA KERT: It's my understanding they can.

09:43:50 It's my understanding.

09:43:51 >>LISA MONTELIONE: It's my understanding as well.

09:43:56 So the employees that we are talking about some of us don't

09:44:06 want to add Milt we are getting old, but children.

09:44:08 They are adults -- Mr. Suarez is laughing because he has

09:44:13 sons that are approaching that age and some of them are that

09:44:16 age.

09:44:17 My son is 24, and he may be one that if he's working in an

09:44:33 establishment would be reluctant to sue his employer to

09:44:36 rectify the situation.

09:44:39 They really, most of them, are kids who are working in these

09:44:43 establishments, and not inclined to pursue the legal system

09:44:48 to rectify a wrong that they were dealt.

09:44:52 They are going to be the ones who are going to be the

09:44:56 scapegoats for the owners and for the managers to be going

09:44:59 to jail, because they are the easiest ones to point the




09:45:04 finger at.

09:45:04 And that's all I have to say.

09:45:07 >>CHARLIE MIRANDA: Anyone else?

09:45:10 >>YVONNE CAPIN: Yes.

09:45:16 18 is the age of consent.

09:45:18 You can enter into contract at the age of 18.

09:45:20 You can vote.

09:45:20 In the Army, you may be court-martialed of the maybe we are

09:45:29 coddling our adults a little too much in this country.

09:45:33 Childhood has been extended to 21.

09:45:37 Really?

09:45:41 If you are a teen, you may vote and you may enter into

09:45:44 contracts, then you are of legal age.

09:45:46 And until we change that, that is where we stand.

09:45:53 >>CHARLIE MIRANDA: Let me just say that I have a divided

09:45:55 vote here.

09:45:56 I can tell, it's very difficult situation.

09:46:01 I understand both sides of the issue.

09:46:04 But this thing can be changed or amended if something

09:46:07 happens.

09:46:08 And I have to agree that you don't have to be a rocket

09:46:12 scientist to know right from wrong.

09:46:13 And yes, it's expensive to go to court.

09:46:16 But in today's society, there are so many lawyers, in fact

09:46:21 the highest populated country in the world were lawyers, and




09:46:27 if you have a company and you have assets or something,

09:46:32 somebody is going to take that lawsuit for nothing, and you

09:46:34 are going to split with that attorney, and you are going to

09:46:37 work it out.

09:46:40 It's absolute insured.

09:46:43 We all have to be at one time or another weaned from the

09:46:47 bottle -- and I am not talking about the liquor bottle, I am

09:46:51 talking about the bottle of life and continuous patting on

09:46:53 the back.

09:46:54 And I understand the problems that we have in society, or

09:46:57 think I do.

09:46:58 In fact, if I look at myself, I'm still my mother's child.

09:47:03 And no matter how old I get, I'm still her little baby.

09:47:07 So the babiness has gone away, the hair has fallen off, but

09:47:13 I'm still somebody's child like all of us here, somebody

09:47:18 else's children.

09:47:19 So it's time to understand that no matter who you are, you

09:47:23 better listen to what the law is.

09:47:25 And things that are going on in this country have taken

09:47:29 society in the wrong way.

09:47:31 And I think society is swinging more to the middle than it

09:47:34 has to the right and to the left.

09:47:35 And that's where it should be.

09:47:37 So I ask for the vote.

09:47:38 Mr. Suarez made the motion.




09:47:40 Ms. Mulhern made the second.

09:47:42 All in favor of passing this ordinance on first reading

09:47:45 today and bringing it up for second reading, signify by

09:47:52 saying aye.

09:47:53 Opposed nay.

09:47:53 >>THE CLERK: The motion carried with Montelione and Cohen

09:48:00 voting no.

09:48:04 And the second reading -- second reading of the ordinance

09:48:07 will be held May 2nd at 9:30 a.m.

09:48:12 >>CHARLIE MIRANDA: Thank you all very much for attending.

09:48:14 Second reading, I'm sure we will have a debate on this.

09:48:17 We go to committee reports.

09:48:20 Public Safety Committee report.

09:48:23 Mr. Frank Reddick.

09:48:25 >>FRANK REDDICK: Move item 4 through 13.

09:48:29 >> Second.

09:48:30 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick.

09:48:31 Second by Mrs. Mulhern.

09:48:33 All in favor of the motion?

09:48:39 The ayes have it unanimously.

09:48:41 Parks, Recreation, Culture Committee, Mary Mulhern.

09:48:44 >>MARY MULHERN: I move items 14 through 18.

09:48:49 >>CHARLIE MIRANDA: Motion by Mrs. Mulhern, a second by Mr.

09:48:51 Suarez.

09:48:52 Discussion by council members?




09:48:52 All in favor of the motion?

09:48:55 Opposed?

09:48:56 The motion passes unanimously.

09:48:58 Public Works Committee, Mike Suarez.

09:49:01 >>MIKE SUAREZ: I move items 19 through 24.

09:49:04 >> Second.

09:49:06 >>CHARLIE MIRANDA: Motion by Mr. Suarez.

09:49:07 Second by Mr. Cohen.

09:49:08 All in favor of that motion?

09:49:10 Opposed?

09:49:11 The ayes have it unanimously.

09:49:14 Finance Committee chair Mr. Harry Cohen.

09:49:16 >>HARRY COHEN: Thank you, Mr. Chair.

09:49:18 I move items 25 through 30 with a substitute resolution for

09:49:23 item number 26 to correct a scrivener's error.

09:49:26 >> Second.

09:49:27 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen.

09:49:28 I have a second by Mrs. Montelione.

09:49:30 All in favor of the motion?

09:49:31 Opposed?

09:49:37 The ayes have it.

09:49:41 Building zoning and preservation.

09:49:42 >>LISA MONTELIONE: I move 31 through 42.

09:49:45 >> Second.

09:49:46 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione,




09:49:48 second by Mr. Suarez.

09:49:49 Further discussion by council members?

09:49:51 All in favor of the motion?

09:49:53 Opposed?

09:49:53 The ayes have it unanimously.

09:49:55 Transportation committee, Mrs. Yolie Capin.

09:49:59 >>YVONNE CAPIN: I move items 43 through 48.

09:50:02 >> Second.

09:50:02 >> I have a motion by Mrs. Capin, second by Mr. Suarez.

09:50:06 All in favor of the motion?

09:50:09 Opposed?

09:50:09 The ayes have it unanimously.

09:50:11 >>LISA MONTELIONE: Thank you, sir.

09:50:13 I just wanted to highlight the item that we just approved

09:50:23 because yesterday there was a press conference held by the

09:50:25 Tampa Police Department, in combination with the sheriff's

09:50:27 office, speaking of pedestrian safety and bicycle safety,

09:50:34 and we are still number 2 in the entire nation for

09:50:37 pedestrian and bicycle death.

09:50:39 And these items, the funding from the Florida Department of

09:50:43 Transportation are very big steps to address that issue.

09:50:52 We are using shared paths, bicycle lanes, creating islands

09:51:00 of refuge, and all of these things will help address the

09:51:04 dire situation we have in the City of Tampa and anytime

09:51:09 greater Hillsborough County to provide safety precautions




09:51:14 and safety measures along with the efforts of the police

09:51:17 department and the sheriff's office to enforce the rules we

09:51:21 already have on the books.

09:51:22 So I just wanted to bring attention to those very important

09:51:25 items.

09:51:25 >> Thank you very much.

09:51:29 Public hearing, second reading proposed ordinance.

09:51:32 These are non-quasi-judicial proceedings.

09:51:34 I need a motion to open 49 and 50.

09:51:37 Motion by Mr. Suarez.

09:51:38 Second by Mrs. Mulhern.

09:51:41 Open 49 and 50.

09:51:42 All in favor?

09:51:43 Opposed?

09:51:44 The ayes have it unanimously.

09:51:45 Item number 49 is a motion for ordinance for second reading.

09:51:51 >>JULIA MANDELL: Legal department.

09:51:56 Again, this is an ordinance being presented for second

09:52:00 reading which would have the effect of prohibiting the sale,

09:52:05 manufacture and possession of synthetic drugs within the

09:52:07 City of Tampa's jurisdiction providing an opportunity for

09:52:10 our city code enforcement, Tampa Police Department officers

09:52:13 to enforce this as an ordinance violation.

09:52:17 I'm available for any questions.

09:52:18 >>FRANK REDDICK: Just one question, and that is, if this




09:52:24 passes on second reading, when will this go into effect?

09:52:29 >> May 2nd.

09:52:30 >> Move the ordinance.

09:52:33 >>CHARLIE MIRANDA: Before I do that, this is a public

09:52:35 hearing.

09:52:35 Does anyone in the audience care to speak on item number 49?

09:52:38 Thank you very much for your great support of this

09:52:41 ordinance.

09:52:41 I see no one in the audience coming up.

09:52:43 I need a motion to close.

09:52:45 I have a motion to close by all of us.

09:52:47 Mr. Cohen, you got it.

09:52:48 Mrs. Montelione, you were the second on it.

09:52:50 All in favor of the motion please indicate by saying aye.

09:52:54 Opposed nay.

09:52:55 The ayes have it unanimous.

09:52:56 Mr. Reddick.

09:52:57 >>FRANK REDDICK: Move an ordinance for second reading and

09:53:01 adoption, an ordinance of the city of Tampa, Florida making

09:53:05 revisions to City of Tampa code of ordinances chapter 14-74

09:53:08 reserved, creating section 14-74, synthetic drugs, providing

09:53:13 for the prohibition of the possession, sale or manufacture

09:53:17 of sin they being drugs, providing for severability,

09:53:19 repealing all ordinances or parts of ordinances in conflict

09:53:23 therewith providing an effective date.




09:53:25 >>MIKE SUAREZ: Second.

09:53:27 >>CHARLIE MIRANDA: Further bugs discussion by council

09:53:29 members?

09:53:29 Roll call vote.

09:53:30 Vote and record.

09:53:31 I'll bets this is unanimous.

09:53:40 >>THE CLERK: You are correct.

09:53:42 Adopted unanimously.

09:53:47 >>CHARLIE MIRANDA: Item number 50.

09:53:47 >>JULIA MANDELL: This is an ordinance being presented for

09:53:54 second reading relating to sidewalk cafes.

09:53:57 Ms. Coyle is out sick today.

09:53:59 There's a few questions that have arisen that I believe she

09:54:02 would be most appropriate to answer those questions.

09:54:04 So I would request that this item be continued for two

09:54:08 weeks.

09:54:09 >>LISA MONTELIONE: Move to continue.

09:54:12 >>CHARLIE MIRANDA: Give me the date and time.

09:54:14 >>HARRY COHEN: May 2nd.

09:54:18 >>CHARLIE MIRANDA: May 2nd at 9:30 in the morning.

09:54:19 >>HARRY COHEN: Motion to continue to May 2nd at 9:30

09:54:25 a.m.

09:54:26 >>CHARLIE MIRANDA: Does anyone in the audience wish to

09:54:29 discuss the continue portion only?

09:54:31 I see no one.




09:54:34 I have a motion by Mr. Cohen.

09:54:36 Second by Mrs. Mulhern for continuation to May 2nd to

09:54:38 9:30 in the morning.

09:54:39 All in favor of the motion?

09:54:41 Opposed?

09:54:42 The ayes have it unanimously.

09:54:45 We go to continued public hearings.

09:54:47 Second reading of proposed ordinances for item number 51.

09:54:55 Need to open that hearing.

09:54:56 >> So moved.

09:54:56 >> Second.

09:54:57 >> Motion to open by Mr. Suarez.

09:54:59 Second by Mr. Cohen.

09:55:00 Please signify by saying aye.

09:55:02 Opposed nay.

09:55:03 Mr. Sosa --

09:55:07 >> Yes, to continue to next month.

09:55:11 >> To 9:30 in the morning.

09:55:13 Anyone in the audience care to speak to the continuation on

09:55:15 item number 51?

09:55:18 I see no one.

09:55:18 I need a motion to continue.

09:55:20 Motion by Mr. Reddick.

09:55:22 Second by Mrs. Capin to continue to May 16th at 9:30 in

09:55:26 the morning.




09:55:27 All in favor?

09:55:27 Opposed?

09:55:28 The ayes have it unanimously.

09:55:30 We go now to proposed ordinance for second reading,

09:55:34 quasi-judicial.

09:55:35 If you are going to speak on item 352 or 53, you must be

09:55:39 sworn in.

09:55:39 I need a motion to open 52 and 53.

09:55:41 >> So moved.

09:55:43 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez.

09:55:44 Second by Mrs. Mulhern.

09:55:45 All in favor of the motion indicate by saying aye.

09:55:48 Opposed nay.

09:55:49 The ayes have it unanimously.

09:55:50 352 and 53 are now open.

09:55:52 (Oath administered by Clerk).

09:56:09 >>HARRY COHEN: Okay, item 352.

09:56:12 Is there anyone from the staff to speak on item number 52

09:56:16 before we have public comment?

09:56:21 >>JAMES COOK: Land Development Coordination.

09:56:22 I'm here if you have any questions.

09:56:23 >>HARRY COHEN: Petitioner?

09:56:31 We'll go ahead and hear from members of the public.

09:56:33 Thank you.

09:56:33 >> My name is Jay Sullivan, 4103-22nd street.




09:56:42 I'm here to say that I am against the alleyway.

09:56:48 The owner of the property has built onto part of what will

09:56:50 be my property, if the alley is taken.

09:56:58 I want to say it will be part of my alleyway that he's going

09:57:08 to take over.

09:57:09 I have to take care of the house right here.

09:57:13 >>HARRY COHEN: Put it on the overhead right there.

09:57:18 To your right.

09:57:21 Put it down on that white portion there.

09:57:23 There you go.

09:57:24 The other way around.

09:57:25 There you go, sir.

09:57:26 >> I want my piece of property.

09:57:39 I'm not willing to sell it to him or give it to him.

09:57:43 I use the property for myself.

09:57:47 It's onto the school property.

09:57:48 And some of the school property with the trees, to build on

09:57:54 this property.

09:57:57 So I am against vacating the alley.

09:58:03 We have come to an agreement on the boundaries for the

09:58:07 property.

09:58:07 >>HARRY COHEN: Councilman Mulhern.

09:58:13 >>MARY MULHERN: I would like to move to continue this so

09:58:15 that we can hear from staff.

09:58:19 And I don't even know, is the petitioner here?




09:58:22 So move to continue for two weeks to May 2nd.

09:58:30 >>HARRY COHEN: Is there a second to that before we have

09:58:32 further discussion?

09:58:38 Councilman Reddick?

09:58:40 >>FRANK REDDICK: Well, I just want to ask the gentleman,

09:58:43 you didn't know this when we had this original hearing?

09:58:46 >> Yes, but I wasn't able to make it.

09:58:49 >> And did you speak with anybody on staff and express your

09:58:52 concerns about this?

09:58:55 >> Well, in the beginning I was for it.

09:58:58 But then I take my power of attorney so I can come down here

09:59:04 and speak for myself.

09:59:08 At first I gave a card to speak for me.

09:59:11 >> Who did you give the power to?

09:59:23 Staff, are you aware of this?

09:59:28 There was no one here the night we had this public hearing.

09:59:31 >> He was actually a party along with the neighbor, they

09:59:36 both gave affidavits, power of attorney to the petitioner's

09:59:39 representative, in the office last week, and revoked the

09:59:42 power of attorney.

09:59:44 I believe he and the petitioner exchanged words on what's in

09:59:47 the alley whether it's his half or not his half.

09:59:50 I tried to talk to both of them or somebody on my staff did

09:59:53 to try to delay this, to try to get to work it out.

09:59:58 I think the best thing to do is get them to work out their




10:00:01 differences.

10:00:01 >>FRANK REDDICK: And that's my question.

10:00:03 If we continue this for two weeks, do you think you and the

10:00:07 petitioner will be able to resolve your differences in two

10:00:10 weeks?

10:00:14 >> What I would like --

10:00:21 >>FRANK REDDICK: We had a discussion about not tearing

10:00:23 down, when we had the public hearing.

10:00:25 So I think what it's going to come down to you and the

10:00:28 petitioner work out a compromise.

10:00:31 I doubt very seriously anything will be knocked down.

10:00:45 >>YVONNE CAPIN: I withdraw my second.

10:00:46 >>HARRY COHEN: Well, we have no motion on the floor now.

10:00:51 We are -- is there anyone else in the public that wants to

10:00:54 speak before I have council discussion?

10:00:59 Councilman Suarez.

10:01:00 >>MIKE SUAREZ: Thank you, chair.

10:01:03 Could I get staff up here?

10:01:04 Stay up there, too, because immensely confused right now.

10:01:09 >>FRANK REDDICK: Me, too.

10:01:10 >>MIKE SUAREZ: This is the gentleman that was going to

10:01:13 split that part of the vacated alley, correct?

10:01:18 >> That's correct.

10:01:20 >> Sir, I want you to know that we the city own that.

10:01:25 You don't own it.




10:01:26 This is not an agreement that we are going to approve

10:01:29 because you want something and your neighbor wants

10:01:31 something, okay?

10:01:33 I just want you to understand that.

10:01:35 When you say I don't want to agree to something, we can do a

10:01:38 lot of things here.

10:01:40 We have the power to do a lot of different things.

10:01:42 So I want you to be very clear on this, because you don't

10:01:46 own that property.

10:01:48 I just want you to know that.

10:01:51 I just want to make sure you know that, because it is not a

10:01:56 matter of I know how staff -- we want to agree and have this

10:02:00 done.

10:02:00 We are trying to be very fair and open about this.

10:02:03 You had a representative here, I believe you said, and now

10:02:06 you have revoked the power of attorney.

10:02:08 Why did you do that?

10:02:09 >> Because we don't even speak, the property owner, because

10:02:15 we disagree so much.

10:02:16 >>MIKE SUAREZ: So the person that supposedly agreed on your

10:02:22 behalf did that without your permission?

10:02:25 >> Yes, sir.

10:02:25 >> And did you not have a signed power of attorney to allow

10:02:28 him to speak?

10:02:29 Or did you?




10:02:32 My question is, you had someone that was representing you.

10:02:36 You gave them power of attorney to make a decision.

10:02:38 You didn't like the decision.

10:02:39 And now you want to come back and say, I don't want this to

10:02:43 go forward.

10:02:44 Correct?

10:02:45 >> I didn't know he was going to build on what will be my

10:02:48 part --

10:02:50 >> I just want to be clear as to what happened.

10:02:52 Because we are here.

10:02:53 We are not in the neighborhood so we have to figure out what

10:02:55 to do next.

10:02:56 >> It's the school board property.

10:03:03 >> And we do not own -- this is a platted right-of-way.

10:03:10 He's abutting owner on both sides.

10:03:13 The issue here is from the very get go we were not going to

10:03:16 accept the vacating petition unless all the owners signed an

10:03:20 affidavit and they are well aware of their half of the

10:03:24 alleyway could not move forward because this may become a

10:03:27 civil matter.

10:03:28 It's now between the abutting owners.

10:03:30 >>MIKE SUAREZ: Thank you for clarifying that, because

10:03:33 that's important.

10:03:34 And, you know, one of the problems that we have here is

10:03:37 that, you know, we are in the middle of a neighborhood




10:03:42 dispute now, for no other reason than, you know, it was

10:03:47 brought up to us.

10:03:48 And I prefer not to be involved in neighborhood disputes if

10:03:51 people can't talk to each other, because, you know, we are

10:03:54 not Solomon here, okay?

10:03:57 If we try to split the baby, they are probably going to let

10:04:00 the baby get split in half, okay?

10:04:02 So I would suggest continuation.

10:04:05 I think we all would like a continuation.

10:04:08 And, sir, I believe that, you know, you say there's not

10:04:11 going to be any resolution.

10:04:13 Make sure that you discuss that with our folks quickly if

10:04:18 there's not going to be resolution.

10:04:19 Because then we are going to have to figure out what the

10:04:22 next steps are.

10:04:24 That's all.

10:04:25 I have.

10:04:26 >>HARRY COHEN: I have Councilman Mulhern and then

10:04:29 Montelione and then return to Mr. Reddick.

10:04:31 >>MARY MULHERN: I have already spoken so you go ahead.

10:04:34 >>LISA MONTELIONE: Thank you, Councilman Mulhern.

10:04:39 One of the things that's already pointed out is this is a

10:04:42 right-of-way that the city does not own the property.

10:04:44 It's a right-of-way.

10:04:45 So it's not us, as you say, the city owns the property.




10:04:49 We do not own the property.

10:04:51 I just want to make sure that you understand that.

10:04:53 >> Somebody overbuilt into the issue.

10:05:01 >>LISA MONTELIONE: I believe that's because they did not

10:05:03 pull permits.

10:05:04 If they would have pulled permits we would not have let them

10:05:08 build into that.

10:05:09 It's not an alley, it's a right-of-way.

10:05:13 Let me speak.

10:05:14 Let me speak.

10:05:16 When people build things without permits, often they do it

10:05:21 wrong.

10:05:23 And they did this wrong because they did not pull permits.

10:05:26 The reason you pull a permit is for our staff to review --

10:05:30 there's a lot of reasons you pull permits, but one of them

10:05:32 is so our staff reviews your plans and your drawings and

10:05:36 your surveys.

10:05:37 So if they would have followed the rules and filed for a

10:05:41 permit, it would have been shown that they were building

10:05:45 over their property line into the right-of-way, and we would

10:05:48 not have the staff, it wouldn't have come to council, the

10:05:51 staff would not have approved that permit.

10:05:53 So they did it wrong.

10:05:55 And now we are dealing with the consequences of their doing

10:05:58 it wrong.




10:06:00 The other thing I want to point out was, I understood you to

10:06:03 say when you gave the power of attorney, you gave the power

10:06:06 of attorney to the people who own the property who built in

10:06:09 the right-of-way.

10:06:11 Correct?

10:06:12 >> Yes.

10:06:15 >>LISA MONTELIONE: So you gave over your right to the

10:06:19 person that did it wrong from the beginning.

10:06:23 >> I made a mistake and I am trying to correct it.

10:06:28 >>LISA MONTELIONE: Understood.

10:06:29 So as has been pointed out, this is a disagreement with

10:06:33 owners.

10:06:34 There's something else I want to ask staff about that you

10:06:37 mentioned was that you said something about the school

10:06:41 property?

10:06:42 I don't remember if we heard it the first time or discuss

10:06:46 the school property.

10:06:48 Let a staff member discuss it.

10:06:55 >>JAMES COOK: It's at the corner of the alley, east north

10:06:57 bay, 2nd.

10:06:58 This is the Hillsborough County school board owns all this

10:07:03 empty property.

10:07:03 There's a possibility, we don't know for sure, that the

10:07:06 footer, the concrete --

10:07:09 >>LISA MONTELIONE: Can you find the pictures up a little




10:07:11 bit?

10:07:12 >>JAMES COOK: Yes, I want to find the one I want to show

10:07:14 you.

10:07:14 There's one along the river property.

10:07:16 It's hard to see.

10:07:17 But throws a concrete pad outside the front door.

10:07:23 There's another alley that council vacate add year ago that

10:07:26 runs east-west.

10:07:27 Same thing.

10:07:29 Without permit, there's a continuous violation --

10:07:35 >> So have we already heard the petition to vacate?

10:07:39 >> It's vacated a year, almost two years.

10:07:43 >>LISA MONTELIONE: So the concrete slab now is legal

10:07:47 because we vacated that right-of-way.

10:07:53 What about setbacks?

10:07:55 >> It's in the right-of-way but still has to get through the

10:08:00 variance.

10:08:00 >> I'm getting a little additional information.

10:08:08 I would recommend this be continued for at least two weeks

10:08:11 to sort out what the issues are.

10:08:24 I think 30 days is better, to look at surveys from the

10:08:30 petitioner, something else, to sort out the issues.

10:08:33 >>LISA MONTELIONE: Also the variance issue.

10:08:36 Because if that pad or concrete slab behind the French door,

10:08:41 the one part of it is that we already vacated the




10:08:43 right-of-way, then that's fine.

10:08:55 But talking about a lot line issue and encroaching into the

10:08:58 setbacks.

10:08:59 >> That's why I think it would be appropriate to come back.

10:09:01 >>MARY MULHERN:

10:09:05 >>HARRY COHEN: Councilman Reddick and Mulhern would both

10:09:10 like to speak but I would support April 16th if council

10:09:14 chooses.

10:09:14 >>MARY MULHERN: Thank you.

10:09:16 I had made a motion for a continuance so we could have this

10:09:19 discussion of the continuance.

10:09:20 But I just want to say thank you for coming to the meeting

10:09:22 today.

10:09:22 This is why we have two readings on zoning issues, and

10:09:28 because you came here we learned more about the case than

10:09:31 what we learned at the first reading, and I think that you

10:09:36 did the right thing to come here and do that.

10:09:41 So I restate my motion, but to move to continue this for 30

10:09:45 days.

10:09:45 >> Second.

10:09:48 >>HARRY COHEN: May 16th at 9:30.

10:09:52 >>HARRY COHEN: There's a second from Councilwoman

10:09:56 Montelione.

10:09:57 >>FRANK REDDICK: Well, what I want to say, if staff is

10:10:03 going to get ahold of the petitioner and see if they can




10:10:07 work out this dispute, because it -- somebody needs to speak

10:10:15 to him because on May 16 a decision is going to be made

10:10:18 whether you like it or not.

10:10:20 So it's a choice.

10:10:22 Either you all start speaking.

10:10:23 I don't care if you have to go eat some collard green and

10:10:28 some chicken.

10:10:29 You know what I'm talking about.

10:10:30 So get together.

10:10:36 >>MARY MULHERN: This is something I meant to say and you

10:10:41 reminded me of it.

10:10:42 Whether they agree or not, we have a continuance on this.

10:10:46 Council still is being asked to decide whether to vacate

10:10:51 this alley.

10:10:54 That is our decision to make.

10:10:55 So whether they agree on it or not, it can come back, and we

10:10:59 will need to make that decision.

10:11:01 And we got new information today.

10:11:03 And that will help us.

10:11:04 And I'm sure we'll have more at the next meeting.

10:11:06 >>HARRY COHEN: We have a motion on the floor to continue

10:11:09 this matter to May 16th at 9:30 a.m.

10:11:11 That motion was made by Councilwoman Mulhern, seconded by

10:11:14 Councilman Montelione.

10:11:17 All in favor?




10:11:18 Opposed?

10:11:18 >>THE CLERK: Motion carried with Capin voting no and

10:11:28 Miranda and Suarez being absent at vote.

10:11:30 >>HARRY COHEN: Thank you very much.

10:11:31 We are going to move on to item number 53.

10:11:34 >> Ron VILLA, staff, a planner, here today for an ad valorem

10:11:47 tax exemption for a structure located at 721 south Willow

10:11:53 Avenue.

10:11:57 On the monitor we have a picture of the structure after

10:12:01 rehabilitation.

10:12:01 This structure is owned by McDowell, Todd and Lydia

10:12:09 McDowell.

10:12:10 Just to take a step back.

10:12:12 This shows the front elevation of the structure prior to

10:12:16 rehabilitation.

10:12:16 This is taken approximately two years ago showing the front

10:12:23 stoop minus the porch and the front facade.

10:12:30 This is the side shot showing that front stoop.

10:12:34 Obviously the porch is absent.

10:12:35 And then the front.

10:12:39 And then just to go back and see the benefits.

10:12:44 And now they wish to come forward to save on their taxes,

10:12:48 for the ad valorem portion.

10:12:49 Just a couple more shots prior to rehabilitation.

10:12:54 You see the structure in disrepair.




10:12:59 And then after rehabilitation.

10:13:02 And just a couple interior shots.

10:13:10 Showing the sill.

10:13:12 That same sill.

10:13:13 And surround the casing.

10:13:15 You see a period-appropriate door.

10:13:22 Down in the hallway, you see the flooring.

10:13:25 You see the doors and the casings.

10:13:29 So this request does meet the secretary of interior

10:13:36 standards with the ad valorem process.

10:13:37 Thank you.

10:13:38 I'm here to answer any questions.

10:13:40 >>CHARLIE MIRANDA: Questions by council members at this

10:13:41 time?

10:13:41 I see none.

10:13:44 Ms. Montelione.

10:13:44 >>LISA MONTELIONE: I just want to say that's amazing and it

10:13:48 takes a lot of vision to take that before and turn it into

10:13:51 the after.

10:13:55 It's startling, the difference between the two.

10:13:59 And it's a great contribution to the neighborhood.

10:14:01 I am sure the neighbors are very happy.

10:14:04 So I would like to move the item, sir.

10:14:09 >>CHARLIE MIRANDA: Item 353 is what we are on.

10:14:13 Anyone in the public care to speak on item number 53?




10:14:16 353?

10:14:19 I see no one.

10:14:20 Need a motion to close.

10:14:22 Motion made by Mr. Cohen to close.

10:14:24 Second by Mrs. Montelione.

10:14:25 All in favor of the motion please indicate by saying aye.

10:14:28 Opposed nay.

10:14:29 Eyes have it unanimously.

10:14:33 I had two things going on at the same time.

10:14:34 Mr. Reddick asked me to move it and you said you want to

10:14:37 move it.

10:14:37 So Mr. Reddick asked first.

10:14:39 So I will ask Mr. Reddick to read the ordinance and Mrs.

10:14:42 Monthly will kindly second the ordinance.

10:14:44 Mr. Reddick.

10:14:45 >>FRANK REDDICK: Move an ordinance for second reading and

10:14:49 adoption, an ordinance approving a historic preservation

10:14:51 property tax exemption application relative to the

10:14:55 restoration, renovation, or rehabilitation of certain

10:14:57 property owned by Todd C. McDowell and Lydia M.

10:15:02 McDowell, located at 721 south Willow Avenue Tampa,

10:15:05 Florida in the Hyde Park historic district based upon

10:15:08 certain findings providing for notice to the property

10:15:10 appraiser of Hillsborough County, providing for

10:15:13 severability, providing for repeal of all ordinances in




10:15:15 conflict, providing an effective date.

10:15:18 >>CHARLIE MIRANDA: Seconded by Mrs. Montelione: Roll call

10:15:23 vote.

10:15:24 Vote and record.

10:15:24 >>THE CLERK: Motion carried unanimously.

10:15:37 >>CHARLIE MIRANDA: All right.

10:15:38 We go to staff reports and unfinished business.

10:15:41 Item number 54.

10:15:43 54.

10:15:53 >> Greg Bayor, parks and recreation director.

10:15:55 >> Dennis Rogero.

10:16:09 >>CHARLIE MIRANDA: So many changes, I think I am going to

10:16:11 change my name.

10:16:12 Yes, sir.

10:16:13 >> We do have a new project in construction.

10:16:26 Construction is starting April 29th and we expect

10:16:28 completion in September and it includes new media center,

10:16:33 control room, weight room, and probably just as important

10:16:35 the addition of a stand-alone outside bathroom concession

10:16:39 stand, and storage room so the kid won't have to come all

10:16:45 the way from the athletic field to use the facilities now.

10:16:48 >>FRANK REDDICK: Thank you, Mr. Chair and to the council.

10:16:56 One of the reasons that I requested this item be on the

10:16:59 agenda is I had some concerns about what was taking place at

10:17:03 the center and the support that the National Football League




10:17:08 is providing the City of Tampa to have this done.

10:17:10 But after meeting with staff yesterday, they gave me the

10:17:14 plan outline, and the dates that this will be done and

10:17:19 completed.

10:17:19 So I'm satisfied with that.

10:17:21 And the only thing, I just want to put on record, and that I

10:17:24 stated to them yesterday, is that the NFL's representatives

10:17:33 have informed me that they wanted some type of ceremony,

10:17:38 dedication, so that they can reflect that as part of their

10:17:42 outreach program, and have the recognition on behalf of

10:17:48 that, and because there was someone who was a little

10:17:53 reluctant to do that from the city standpoint that that's

10:17:56 the only thing I wanted the city to commit to was having

10:17:59 that done.

10:18:00 And so they assure me that they are going to do this because

10:18:04 this is a $500,000 investment for the National Football

10:18:07 League, and as you know, the Sports Authority, they are

10:18:14 trying to find another Super Bowl here, and coming to the

10:18:19 city they award $500,000 to the program.

10:18:22 So I think for a $500,000 investment, at least the city can

10:18:27 do is recognize some type of ceremony dedication.

10:18:30 So I'm just asking that the staff follow through with that,

10:18:33 and one day sometime soon, because I am not going to forget

10:18:40 it but sometime soon, you have to give me a time line.

10:18:43 They gave me a time line, start date and completion date,




10:18:46 but I want a time line when some form of ceremony, and those

10:18:54 people from the NFL want to be here and they are almost to

10:18:57 the point of commanding to be here to do this.

10:19:02 I don't want to see $500,000 be lost by the city.

10:19:05 So hopefully we can at least do that, and those the only

10:19:09 thing I'm requesting be done, and the time line and N place

10:19:14 to have that done.

10:19:18 >>YVONNE CAPIN: If you put it in the form of a motion I'll

10:19:20 second it.

10:19:23 Don't need it?

10:19:23 Okay.

10:19:34 >>CHARLIE MIRANDA: Thank you for that report.

10:19:37 Item 55 and 56 were dealt with on the approval of the agenda

10:19:42 and the addendum and these items, need a motion here to move

10:19:46 these for 30 days, which would be --

10:19:51 >> So moved.

10:19:52 >> At the same time at 10:00 in the morning.

10:19:56 So it's 30 days.

10:19:57 Give me a date.

10:20:00 May 16th at 10:00 on items 55 and 56.

10:20:05 All in favor of that motion please indicate by saying aye.

10:20:08 Opposed nay.

10:20:09 The ayes have it unanimously.

10:20:10 We go now to item 57.

10:20:17 To accept the proposal for renovation, Roy Jenkins pool.




10:20:26 >> Wrong agenda item for me.

10:20:33 I apologize.

10:20:34 I was answering a question in the back.

10:20:37 What item have we got?

10:20:40 >>LISA MONTELIONE: 57.

10:20:42 >> The pool renovations.

10:20:45 Okay.

10:20:45 >>HARRY COHEN: Well, let me just say, we are very, very

10:20:51 excited that this appropriation has finally made it this

10:20:56 far.

10:20:57 As many people know, the neighborhoods contributed a lot of

10:21:00 money toward the cost of this project, and we all appreciate

10:21:02 that.

10:21:03 And we look forward to celebrating the opening of the new

10:21:06 pool along with the renovations and openings of other pools

10:21:10 across the city over the next couple of years.

10:21:12 And I just wanted to thank you and your staff for all the

10:21:16 work you have done on this project.

10:21:17 I also wanted to point out to council that we are actually

10:21:21 having a workshop, I believe next week, to discuss all of

10:21:26 the programming and all the city's pools, and what is

10:21:29 budgeted to be provided at he have pool.

10:21:32 And Mr. Bayor brought me yesterday a wonderful template of

10:21:38 what I think our discussion is going to sent area round next

10:21:41 week.




10:21:43 And I look forward to having this discussion.

10:21:45 >> Thank you.

10:21:51 And we are also adding more information and we will include

10:21:53 the YMCA pool.

10:21:55 We are doing a study right now around our city and

10:21:59 surrounding jurisdictions so we should answer a lot of

10:22:02 questions for the work session.

10:22:05 >>HARRY COHEN: And I met with some parents at the Bobby

10:22:08 Hicks pool this week and they are very excited about the

10:22:12 possibilities that make their pool already better than it

10:22:16 already is.

10:22:19 >>CHARLIE MIRANDA: Thank you very much.

10:22:20 Appreciate it.

10:22:20 >>HARRY COHEN: Move the item?

10:22:24 >>CHARLIE MIRANDA: It's a resolution.

10:22:24 I don't think it takes a vote.

10:22:26 Am I correct?

10:22:27 Okay.

10:22:28 All in favor of the motion made by Mr. Cohen, second by Mrs.

10:22:31 Mulhern, please indicate by saying aye.

10:22:34 Opposed nay.

10:22:36 The item passes unanimously.

10:22:38 Item 58.

10:22:38 >> Mike Herr, administrator public works and utilities.

10:22:48 This item is a resolution accepting proposal of Ajax




10:22:53 Industries of Florida pertaining to contract number

10:22:55 13-C-00025.

10:23:00 This is for your city-wide roadway improvements in the

10:23:03 amount of $2,927,206.

10:23:07 We are asking your approval to authorize the execution of

10:23:09 the contract by the mayor and the City of Tampa.

10:23:13 As your agenda item points out, the beauty of this, it's

10:23:18 kind of a push button turn key contract that allows us to

10:23:22 bundle a batch of projects together that will address

10:23:26 improvements in the infrastructure improvements within our

10:23:29 right-of-way and allows us to get a lot of work done at one

10:23:32 time.

10:23:33 And the moneys are accounted for in your budget until the

10:23:40 end of fiscal year 2013.

10:23:42 This is a two-year contract.

10:23:44 The contract provides for roadway and intersection

10:23:47 improvements at various locations throughout the city, which

10:23:50 includes the installation of traffic signals, roadway

10:23:54 widening, drainage improvements, pedestrian crossing, and of

10:23:57 course related work.

10:23:58 We have identified just a few of the projects.

10:24:00 Some locations plan for improvements in this contract,

10:24:04 include the North Boulevard sidewalk project to Kirby

10:24:09 street.

10:24:11 There will be a project on 21st Avenue that's going to




10:24:13 be addressed.

10:24:14 There will be some additional offstreet parking constructed

10:24:17 on Ashley drive from Commerce Street to Kennedy, just to

10:24:22 name a few of the projects.

10:24:23 The contractor reports a 7% SLBE participation of which 4.7%

10:24:30 is broken down into 2.5% HBE and 2.2% BBE which represents

10:24:41 the total WMBE participation.

10:24:43 As I mentioned, the moneys are in your fiscal year '12-13

10:24:49 budget.

10:24:49 Turn key, a lot of work done by the contractor at one time.

10:24:52 >>LISA MONTELIONE: Thank you, sir.

10:24:57 And thank you, Mr. Herr, for bringing this to us and

10:25:00 highlighting some of the projects that are included, because

10:25:02 again, highlighting the pedestrian safety issues with the

10:25:06 sidewalks and the crossings, I know when we talked about a

10:25:10 contract for the red light cameras, chair Miranda had talked

10:25:16 about having pedestrian crossings and making improvements to

10:25:23 those crossings at intersections.

10:25:25 And I think this contract speaks to some of the concerns

10:25:27 that the chair had about our pedestrian crossings throughout

10:25:30 the city.

10:25:31 So this is a good thing to see.

10:25:36 Maybe not directly from that discussion, but an improvement

10:25:41 nonetheless.

10:25:41 And I congratulate our staff when we see the participation




10:25:47 of the SLBE and MBE and the minority contracting, and just

10:25:52 like to see though numbers get a little bit higher.

10:25:56 1.8% WBE is great, but keep working on trying to award

10:26:02 because those contracts, when they are participating in our

10:26:06 minority contracting process, are generally local

10:26:11 contractors employing local people, and that's another

10:26:14 subject that we talk about all the time is employing the

10:26:18 citizens of our city.

10:26:20 Thank you very much.

10:26:21 And I just want to highlight those items.

10:26:24 It's a God move for our city.

10:26:25 >> Thank you.

10:26:26 Those are excellent points.

10:26:27 And I might add that four bids were received, and this is a

10:26:31 low bidder.

10:26:32 Ajax has done plenty of work for the city.

10:26:35 They have been a very responsible and reliable contractor.

10:26:37 >> Thank you.

10:26:40 >>CHARLIE MIRANDA: Thank you.

10:26:41 I need someone to move the resolution.

10:26:43 Moved by Mrs. Montelione.

10:26:44 Second by Mrs. Capin on item 58.

10:26:47 All in favor of the motion please indicate by saying aye.

10:26:50 Opposed nay.

10:26:51 The ayes have it unanimously.




10:26:52 Thank you very much, sir.

10:26:54 59.

10:26:56 59.

10:26:57 >> Dave long, contract administration department.

10:27:02 Item 59 is the award of the Riverwalk segment to run from

10:27:06 Curtis Hixon park down to MacDill park.

10:27:09 And we are ready to move forward and happy to answer any

10:27:11 questions you may have.

10:27:14 >>CHARLIE MIRANDA: Questions by council members?

10:27:16 >>MARY MULHERN: Yes.

10:27:19 So I don't have to dig through the backup, Johnson brothers

10:27:24 are local?

10:27:25 >> Yes, they are.

10:27:26 Their offices are in Hillsborough County.

10:27:28 They are also the contractor who constructed the segment

10:27:31 that goes under the Brorein Street bridge so they have some

10:27:37 on-site experience over water works which this is.

10:27:40 We are very confident in their abilities to go forward.

10:27:42 >> Want to move the resolution?

10:27:46 >>HARRY COHEN: Before we move this resolution, I know that

10:27:48 this appears to be public to be a rather routine matter.

10:27:52 But in fact this may be one of the most controversial things

10:27:55 that this city has accomplished in a generation, because the

10:27:58 moneys from this appropriation is going to pay to connect

10:28:02 the remaining segments of the Riverwalk, and make the entire




10:28:07 Riverwalk from the history center all the way up to

10:28:11 Waterworks Park into a seamless experience for our citizens.

10:28:14 It's really a tremendous day for downtown.

10:28:17 >> I have one clarification.

10:28:20 This will make a continuous Riverwalk from the Straz center

10:28:23 around.

10:28:24 The remaining segment that will connect between there and

10:28:26 Waterworks Park is understood design, and the next agenda

10:28:29 you will see the design contract for that work.

10:28:31 >>MARY MULHERN: It's so great and amazing.

10:28:38 It seemed like a long time.

10:28:39 But now that we are getting done it seems that it can happen

10:28:43 more quickly.

10:28:43 And I just want to point out that this is great because this

10:28:46 is the federal grant those paying for the type of grant that

10:28:49 we've.

10:28:49 Thanks.

10:28:54 >>YVONNE CAPIN: This is connection up to the Straz center,

10:28:56 right?

10:28:57 >> We will have continuous river walks.

10:29:01 The connection over Cass, where we have the railroad bridge.

10:29:08 We will still not be understood the bridge but there is a

10:29:10 designated path.

10:29:11 >> It's on the ground.

10:29:12 And that's where I'm going to.




10:29:15 One of the things that didn't come up on that -- and I

10:29:22 thought about this a little bit -- was that we have people

10:29:30 crossing the railroad tracks there, because they are there,

10:29:35 and I thought, could we elevate the park and come down, do a

10:29:45 lineal park -- elevated -- I don't know if there's enough

10:29:48 space -- and I don't know if CFX would allow us to go over.

10:29:53 There's many things there.

10:29:54 But I'm trying to think of a way that people would not have

10:29:56 to cross the CSX rail that is there on the ground.

10:30:04 And I thought if we came up and over in a lineal and then

10:30:08 down, we could accomplish that work.

10:30:11 And another thing is, there's not enough, we could always

10:30:16 wind up.

10:30:18 >> There have been a number of studies of how to deal with

10:30:23 this situation.

10:30:24 And there is not an easy answer at this point.

10:30:26 >> Has that ever come up?

10:30:29 >> Absolutely.

10:30:30 We looked at over, under, around and through.

10:30:35 At this point, the federal funding that we have is

10:30:37 sufficient for us to complete the segment that we are

10:30:41 awarding this morning, and to deal with north of the Straz

10:30:43 center for the Waterworks Park.

10:30:47 The particular condition that you are talking about would be

10:30:49 a future funding opportunity and certainly a future design




10:30:53 problem that would be addressed.

10:30:56 >> Thank you.

10:31:01 Thank you for allowing me to say that.

10:31:05 >>CHARLIE MIRANDA: Anyone else?

10:31:07 >>HARRY COHEN: Move the resolution.

10:31:08 >>CHARLIE MIRANDA: Second by Mr. Suarez on a close vote with

10:31:11 Mrs. Montelione and everyone else.

10:31:12 All in favor of the motion please indicate by saying aye.

10:31:14 Opposed nay.

10:31:16 Motion passes unanimously.

10:31:17 Thank you very much.

10:31:25 We go to public hearing for review hearing, item number 60.

10:31:29 I have a motion to open by Mr. Suarez.

10:31:30 Second by Mrs. Mulhern.

10:31:32 All in favor of the motion please indicate by saying aye.

10:31:35 Opposed nay.

10:31:36 This is quasi-judicial so anyone who is going to speak on

10:31:40 item number 60 has to be sworn in.

10:31:46 (Oath administered by Clerk)

10:31:56 >>ERIC COTTON: Land Development Coordination.

10:31:57 This is a continued petition for review from April 4th.

10:32:02 At that measuring for property on 100 west Davis Boulevard,

10:32:07 summary, Variance Review Board denied a 6-foot fall wall on

10:32:12 the front yard, two weeks ago.

10:32:17 They asked for the being three foot solid two foot wrought




10:32:24 iron.

10:32:25 And at the same time the civic association didn't have a

10:32:29 chance to review it and council continued this for two weeks

10:32:33 and now they are before you to have a final decision made.

10:32:36 Any questions regarding the --

10:32:40 >>CHARLIE MIRANDA: Questions from council members at this

10:32:41 time?

10:32:42 Mrs. Capin?

10:32:51 >>YVONNE CAPIN: We are going to hear from the public, right?

10:32:54 >>CHARLIE MIRANDA: Yes.

10:32:55 >>YVONNE CAPIN: I'll wait.

10:32:56 Thank you.

10:32:56 >> Todd Pressman, 334 East Lake Road 102 in Palm Harbor,

10:33:03 Florida.

10:33:03 Just to remind you, if I may go on the overhead here.

10:33:13 I'm here today with Martha Shepley here in the front row.

10:33:25 The application is here in the fork of the road and remind

10:33:28 you that the extremely unique singular condition is that the

10:33:32 pool is located in front of the home.

10:33:33 The home is one of the original Davis Island homes, Samuel

10:33:39 rebar home, and that's why we assume it was done in that

10:33:43 manner which is the only front yard pool that you are going

10:33:45 to find Davis Island, and, gosh, maybe in the whole City of

10:33:49 Tampa.

10:33:51 What was proposed previously was a full six-foot high wall.




10:33:56 And after a lot of discussion and considerations, what we

10:34:00 submitted to you a couple weeks ago, and again just to bring

10:34:05 you back up to speed, is 3-foot solid, and then 3-foot iron

10:34:10 rod.

10:34:10 There's a couple participants that typically come up.

10:34:14 This is architectural feature.

10:34:16 So what we are proposing we pull back quite a bit, again 3

10:34:20 feet and 3 feet.

10:34:21 Council members, one of the main reasons for this was for

10:34:26 safety and for security for the family, let alone just the

10:34:30 obvious privacy issues.

10:34:32 And I don't want to sensationalize this.

10:34:35 I'm sorry to report this to you, but since the last meeting,

10:34:40 there was a motorcyclist death directly right in front of

10:34:43 Martha's home.

10:34:44 It was evidently a result of speeding.

10:34:47 There is a turn there.

10:34:48 It's a very wide street.

10:34:50 And cars, vehicles go very fast.

10:34:53 And, unfortunately, this transpired right in front of the

10:34:58 home.

10:34:59 So this again an unfortunate circumstances and I am bringing

10:35:02 your attention it is indicative of one of the reasons why we

10:35:08 are seeking this.

10:35:09 So in that respect, you have quite a few letters and




10:35:16 communications from folks in the immediate vicinity.

10:35:20 We showed you a number of pictures of some circumstances in

10:35:23 the immediate vicinity as well.

10:35:26 So on behalf of Martha and her family, because of the unique

10:35:33 conditions that call for this, we ask your consideration and

10:35:36 appreciate your attention.

10:35:37 Thank you.

10:35:41 >>CHARLIE MIRANDA: Thank you.

10:35:41 Question for council members at this point?

10:35:45 >>YVONNE CAPIN: Do you know the age of the pool?

10:35:47 When was it built?

10:35:48 >> No, I don't.

10:35:56 >>ERIC COTTON: Around 2005, but 2006.

10:36:01 >> It was a variance?

10:36:03 >> A variance for the front yard for the pool.

10:36:06 >>YVONNE CAPIN: Thank you.

10:36:07 >>CHARLIE MIRANDA: This is a public hearing.

10:36:08 >>MIKE SUAREZ: Mr. Pressman, we are all in receipt of a

10:36:17 letter from the Davis Island civic association about this

10:36:20 issue.

10:36:20 One of the issues that came up during the first hearing was

10:36:23 they did not get a chance to weigh in on the half wrought

10:36:28 iron, half concrete wall.

10:36:31 They sent the letter to us.

10:36:33 I assume you saw that, also?




10:36:37 >> I have an e-mail from them, yes.

10:36:38 >> Was there any response in terms of what their concerns

10:36:41 were in terms of allowing?

10:36:43 They said they would allow only the length of the pool.

10:36:49 You didn't make any mention of it.

10:36:51 I wanted to know what you thought about their assessment.

10:36:54 >> The e-mail indicates it was sent to City Council so I

10:36:57 assume -- we had discussions with them, but an e-mail from

10:37:03 the civic association refers to allowing or accepting or

10:37:08 considering what Martha is proposing but just for the pool

10:37:13 section, which really doesn't make much sense in regard to

10:37:18 the privacy or the security element, because -- the overhead

10:37:24 again, please -- because the pool area may be roughly this

10:37:30 area here, and that leaves still a very closed area with

10:37:34 regard to public safety is extremely worrisome let alone the

10:37:39 privacy and security of the family as well.

10:37:42 So materially it seems as if they are pretty much in

10:37:45 agreement.

10:37:45 I can't speak for them.

10:37:46 And I think actually since the civic association is involved

10:37:53 with the speeding study and traffic study, I think they

10:37:56 understood much better some of the concerns that the family

10:37:58 had.

10:38:00 >>CHARLIE MIRANDA: Any other council members?

10:38:02 Anyone in the public care to speak on this matter?




10:38:05 Please come forward.

10:38:09 Petitioner, you have closing remarks that you would like to

10:38:12 make?

10:38:12 >> I think we presented to you all based on the variance.

10:38:16 It is unique.

10:38:17 It is a hardship.

10:38:20 In regard to having impacts or injuries to any other

10:38:23 property owners, no one has come forward, an abutting owner,

10:38:30 neighbors have had communications to council.

10:38:32 We have sought to mod he Phi substantially, since it was

10:38:38 seen by the variance board, in regard to the criteria, we

10:38:41 feel that we meet those, and really there's just a basic

10:38:44 direction here which I think is very notable.

10:38:48 >>MARY MULHERN: Mr. Pressman, you do agree to the

10:38:56 three-foot solid wall, and then three foot of wrought iron

10:39:00 fencing for the entire --

10:39:04 >> Correct.

10:39:06 >>CHARLIE MIRANDA: Ms. Capin?

10:39:07 >>YVONNE CAPIN: (off microphone) the variance was for

10:39:12 setback, or permission for the pool?

10:39:15 >> Pools are not allowed in the front yard but they

10:39:18 requested a 25-foot setback down to zero.

10:39:22 So the pool would be on the side.

10:39:23 >> We should look at that.

10:39:26 Thank you.




10:39:26 You know how I feel about front yards.

10:39:32 I am going to say that one of the reasons that I am going to

10:39:36 support this is because not only is it the privacy of the

10:39:40 owner, but the safety of the public.

10:39:44 It's a pool that's in a front yard.

10:39:48 In 2005, if we permitted a variance to allow a pool to be in

10:39:53 the front yard, then we should have made provisions for the

10:39:56 safety of all.

10:39:58 And you have children walking from school.

10:40:04 And these children, 10-year-old, 11-year-old, 12-year-old.

10:40:09 It's very enticing to see the water.

10:40:11 So for that reason, I would approve it.

10:40:17 We are looking at six foot?

10:40:20 Is it three and three.

10:40:21 >>

10:40:21 >> Three foot solid fence, three foot iron rod.

10:40:25 But I do want to put in the file the revised elevation that

10:40:29 we have all seen, make sure it's in the file which shows the

10:40:31 specific details of it.

10:40:39 >>YVONNE CAPIN: For that reason, it's not only as I said the

10:40:41 privacy of the owner but the protection of the public.

10:40:43 The next time we approve a pool in the front of the house,

10:40:46 it should be a 6-foot solid wall that no one can get

10:40:50 through.

10:40:55 I am going to support it.




10:40:58 >>CHARLIE MIRANDA: Any other council members at this point?

10:41:00 All right.

10:41:00 The petitioner spoke.

10:41:01 I asked the public.

10:41:02 No one came.

10:41:03 There was notice given to us by the civic organization.

10:41:06 Petitioner had the right to speak for closing statements.

10:41:12 Did he.

10:41:12 I need a motion to close.

10:41:14 Motion by Mr. Cohen, second by Mrs. Mulhern to close the

10:41:17 hearing on item number 60.

10:41:19 All in favor of the motion please indicate by saying aye.

10:41:31 I haven't closed the hearing.

10:41:33 That's where I am at now.

10:41:34 >>MARTIN SHELBY: Forgive me.

10:41:38 >>CHARLIE MIRANDA: I heard the motion.

10:41:38 I heard the comments.

10:41:39 But I still have to close that hearing before we take the

10:41:42 vote.

10:41:42 All in favor to close the hearing, please signify by saying

10:41:45 aye.

10:41:46 Opposed nay.

10:41:47 The ayes have it unanimously.

10:41:48 Mrs. Capin, you want to move it?

10:41:51 Let's go.




10:41:52 >>YVONNE CAPIN: All right.

10:41:54 Move number 60 from -- wait a minute.

10:42:04 I move to approve.

10:42:13 (off microphone)

10:42:17 Petition of Martha Shepley regarding a decision of the

10:42:22 Variance Review Board VRB 13-4 pertaining to property at 100

10:42:25 west Davis Boulevard, and that's it.

10:42:28 >> And I was just asked, because they have changed what was

10:42:39 presented before the VRB, that you include as part of your

10:42:41 motion that the wall be -- the opague portion be no more

10:42:44 than three feet for a total of no more than six feet.

10:42:48 >>CHARLIE MIRANDA: There's got to be in that motion -- I am

10:42:50 not trying to get involved in someone's motion, but that the

10:42:52 wall is going to be three foot concrete and three foot

10:42:55 wrought iron and no higher than that.

10:42:57 >> And the elevation, there's a few small details above

10:43:02 that, but that's in the elevation.

10:43:04 >>CHARLIE MIRANDA: The gates and things of that nature.

10:43:09 Please include that in the motion.

10:43:13 >>YVONNE CAPIN: Include in the motion that the fence be

10:43:14 three-foot solid and three-foot wrought iron, no higher than

10:43:19 six foot with the exception of the gate.

10:43:21 >> Second.

10:43:26 >>CHARLIE MIRANDA: I have a motion by Mrs. Capin.

10:43:28 I have a second by Mrs. Mulhern.




10:43:35 Is that fine, Mr. Counselor?

10:43:37 All in favor of the motion?

10:43:39 Opposed?

10:43:40 Motion passes unanimously.

10:43:41 Thank you all very much for appearing.

10:43:44 We go to the 10:30 hearings.

10:43:47 These are review hearings.

10:43:49 Items 61 through 64.

10:43:52 Need to open those hearings.

10:43:54 I have a motion by Mr. Cohen.

10:43:55 Second by Mrs. Montelione on 61 through 64.

10:44:00 All in favor of the motion?

10:44:02 Opposed?

10:44:03 The ayes have it unanimously.

10:44:04 These are quasi-judicial hearings.

10:44:06 Anyone who is going to speak on 61 through 64 shall be sworn

10:44:09 in at this time.

10:44:10 If you are going to speak, please rise and get sworn in.

10:44:13 (Oath administered by Clerk)

10:44:32 Plugs V-13-52, 3401-3415 Bay to Bay Boulevard.

10:44:43 The committee find it consistent with applicable City of

10:44:46 Tampa land development regulations with some minor site plan

10:44:49 corrections between first and second reading.

10:44:52 The current zoning district of the property is PD planned

10:44:55 development.




10:44:56 The proposed special use is alcoholic beverage sales area,

10:44:59 restaurant, beer and wine, consumption on premises only.

10:45:04 They are requesting two waivers.

10:45:05 One waiver is to reduce the distance separation from other

10:45:10 alcohol establishments from 250 feet to 25 feet and reduce

10:45:13 the separation for residential uses from 250 feet to 160

10:45:17 feet.

10:45:19 According to the application submitted, the site is occupied

10:45:21 by a 12 tenant space, one story, three building, commercial

10:45:25 strip center.

10:45:33 This is the subject site.

10:45:40 These are the three buildings in question.

10:45:42 Ten spaces in this building here.

10:45:44 This is Bay to Bay Boulevard.

10:45:47 West to Himes Avenue and east to MacDill and Bayshore

10:45:52 Boulevard.

10:45:54 You have numerous residential in the back, you have Plant

10:45:55 High School directly to the north and Roosevelt elementary

10:45:58 school basically to the east.

10:46:04 This is the subject tenant space front door.

10:46:15 Here is an activated sign that came out and greeted me

10:46:19 on-site.

10:46:21 Here is looking west on Bay to Bay Boulevard.

10:46:25 This is the subject building and the tenant is underneath

10:46:27 this little feature here.




10:46:33 You are looking again west on Bay to Bay Boulevard, office

10:46:37 complex across the street.

10:46:40 On this photograph, again basically tenant space, this is

10:46:52 the parking structure in back of the property.

10:46:58 This is the parking configuration that exists on the back of

10:47:01 the property.

10:47:06 Solid waste container.

10:47:11 The subject tenant space is comprised of 1,252 square feet

10:47:15 of indoor alcoholic beverage area and 286 square feet of

10:47:19 outside AB sales area, total of 1,538 square feet.

10:47:25 Particular units have been used for a restaurant in the

10:47:28 past.

10:47:30 Alcohol and beverage application.

10:47:32 It utilizes the surface parking area.

10:47:38 The current locations with a mixed use corridor, having

10:47:43 separation for 250 feet, residential and other alcohol

10:47:46 beverage sales area.

10:47:48 In the establishment.

10:47:55 >>MARY MULHERN: I'm looking at the site plan.

10:48:00 Is the only request for outdoor sales of alcohol he can

10:48:04 beverage on the Bay to Bay?

10:48:07 >> Yes, right along Bay to Bay Boulevard.

10:48:09 >> Officer Donald Miller, City of Tampa police department.

10:48:17 We have no objection.

10:48:19 >>CHARLIE MIRANDA: Petitioner?




10:48:29 >> Michael Hutchinson, mapping, Valrico, Florida, here

10:48:36 representing taco fusion about the application for beer and

10:48:39 wine sales.

10:48:42 We are asking that you give us the petition because we have

10:48:44 an existing restaurant previously used as a beer and wine

10:48:49 sales restaurant, 25 feet in the same building.

10:48:55 Throws a concrete block wall around the building or the

10:48:59 site.

10:49:00 Residents have to walk around to get there.

10:49:02 There's a school that's 900 feet away which is Roosevelt.

10:49:07 We are asking to get an application approved, please.

10:49:11 >>CHARLIE MIRANDA: Thank you very much.

10:49:12 This is a public hearing.

10:49:13 Anyone in the public care to speak at this time?

10:49:16 I see no one.

10:49:18 Need a motion.

10:49:18 >>HARRY COHEN: A couple of things.

10:49:26 You are asking for a parking waiver.

10:49:31 This is fairly close to a residential area.

10:49:35 You are asking to be open until 3 a.m.

10:49:38 To sell alcohol until 3 a.m.

10:49:40 Correct?

10:49:41 >> Correct.

10:49:42 >>HARRY COHEN: Is there anything -- this is always

10:49:49 Councilwoman's Capin's question.




10:49:51 Is there anything on this application regarding amplified

10:49:53 music outside?

10:49:55 >> Throws no amplified music.

10:49:58 >>HARRY COHEN: I think there should be a prohibition

10:50:00 against it because if this property changes hands and

10:50:02 someone inherits this alcohol license, we are going to have

10:50:06 amplified music on Bay to Bay within very close to a lot of

10:50:11 residential uses till 3:00 in the morning.

10:50:13 So I think that that's a concern that I would like to see

10:50:18 addressed.

10:50:19 I also have to say for me, I think 3 a.m. is too late.

10:50:22 >> Our petitioner is willing to change the hours.

10:50:25 That was just the maximum that we put down because that's

10:50:28 what we were told that we could do.

10:50:29 >> What would be acceptable to the petitioner?

10:50:32 >> 11 to midnight?

10:50:42 >>HARRY COHEN: 11 p.m. will be terrific.

10:50:44 Thank you.

10:50:47 >>CHARLIE MIRANDA: We'll get to that in a minute.

10:50:49 Mrs. Capin.

10:50:51 >>YVONNE CAPIN: (off microphone) okay, you know, we get this

10:50:58 all the time, the hours on Monday through Saturday, 7 to

10:51:00 3 a.m., and then Sunday, 11 to 3 a.m., because that is what

10:51:05 we allow.

10:51:06 That's 20 hours.




10:51:09 Four more hours and we are at 24 hours.

10:51:12 I just want to put that out there.

10:51:14 It's 20 hours that we are allowing right now.

10:51:18 Many times that doesn't happen.

10:51:21 There are many, many permits that have that, those hours on

10:51:25 it.

10:51:25 So I understand.

10:51:26 When I see that, a lot of times, I ask because --

10:51:31 >> That's more the nature of the business, taco, but you

10:51:35 can't separate the hours, you can't say we are going to stop

10:51:39 alcohol at 11 so that's why we put 3.

10:51:41 >> You can't separate the two.

10:51:43 >> Right.

10:51:44 You have to have one set hourly time.

10:51:47 You know, you can't say that we are going to stop selling

10:51:49 alcohol at 11 but still sell tacos till 3.

10:51:52 >> That's another issue we need to fix in the city.

10:51:57 Absolutely.

10:51:57 >> So we went with the Jeff all longest hours.

10:52:02 But if council wants us to change it, we will be happy to do

10:52:05 that.

10:52:10 >>YVONNE CAPIN: All right, thank you.

10:52:11 >>CHARLIE MIRANDA: Anyone else?

10:52:12 Let me say this.

10:52:15 Your last statement is the one that draws the comment that




10:52:19 you have to make, not us.

10:52:20 We can't tell you what to do.

10:52:22 >> Right.

10:52:23 >>CHARLIE MIRANDA: Now you are putting it back on us.

10:52:25 You have to tell us what you want to do, and then we vote it

10:52:28 up or down, sir.

10:52:29 So you mentioned 11:00.

10:52:31 You mentioned 12:00.

10:52:33 That's got to come from you, not us.

10:52:35 Just tell me what you want.

10:52:36 >> All right.

10:52:37 11.

10:52:38 >> 11:00 o'clock what?

10:52:41 >> p.m.

10:52:42 >>CHARLIE MIRANDA: What day, sir?

10:52:43 >> All seven days.

10:52:46 >>CHARLIE MIRANDA: Monday through Sunday.

10:52:47 That's number one.

10:52:48 Number two, you have to tell us about the amplified music,

10:52:50 not us.

10:52:51 >> We'll put on the site plan that there be no amplified

10:52:54 music allowed on this property, or on this site.

10:53:03 >>CHARLIE MIRANDA: You don't have care, control or custody

10:53:06 of the properties.

10:53:08 3104, unit 3409-B.




10:53:13 That's correct?

10:53:13 That's what I am reading.

10:53:14 So your statement is again for the record --

10:53:18 >> My statement is that we'll not have any outside music at

10:53:22 3409-B.

10:53:23 >> Closing days and closing hours or what time seven days a

10:53:27 week?

10:53:27 >> Monday through Sunday, closing hours 11:00.

10:53:33 >> Let the record reflect that's the statement that was made

10:53:35 by the petitioner's representative.

10:53:37 Am I correct?

10:53:38 >> Right.

10:53:39 >>CHARLIE MIRANDA: Anything else to come before this meeting

10:53:41 on this item here?

10:53:42 One more time, does the public care to speak on this item

10:53:46 61?

10:53:47 I see no one.

10:53:47 Need a motion to close.

10:53:49 >> Motion to close.

10:53:50 >>CHARLIE MIRANDA: Motion to close by Mr. Reddick.

10:53:52 Second by Mr. Reddick on a close vote with Mr. Suarez.

10:53:56 All in favor of that motion indicate by saying aye.

10:53:58 Opposed nay R nay.

10:54:00 I'm sorry, I lost count of where the ordinance is, who read

10:54:04 them.




10:54:04 Who would like to read this ordinance?

10:54:08 >>YVONNE CAPIN: You don't want me to.

10:54:11 >>MARY MULHERN: Move an ordinance presented for first

10:54:13 reading consideration.

10:54:14 An ordinance approving a special use permit S 2 for

10:54:18 alcoholic beverage sales restaurant consumption on premises

10:54:21 only and making lawful the sale of beer and wine at or from

10:54:24 that certain lot, plot or tract of land located at 3401

10:54:28 through 3415 west Bay to Bay Boulevard, unit 3409-B, Tampa,

10:54:35 Florida as more particularly described in section 3, that

10:54:38 all ordinances or parts of ordinances in conflict are

10:54:41 repealed, providing an effective date.

10:54:43 And adding notes to the site plan that the hours of

10:54:49 operation will cease at 11 p.m., and that there will be no

10:54:56 amplified music outdoors.

10:54:58 >>HARRY COHEN: Second.

10:55:04 >>CHARLIE MIRANDA: I have a motion by Mrs. Mulhern, a second

10:55:06 by Mr. Cohen.

10:55:07 All in favor of this motion on first reading?

10:55:09 Opposed?

10:55:10 The ayes have it unanimous.

10:55:12 Thank you very much for attending.

10:55:13 We go to item number --

10:55:18 >>THE CLERK: Second reading of the ordinance will be held

10:55:20 May 2nd at 9:30 a.m.




10:55:23 >>CHARLIE MIRANDA: We go now to item number 62.

10:55:24 >> Next case is V13-56. Property address is 3015 West

10:55:24 Kennedy Boulevard. ABC Liquors, Inc.

10:55:57 Development Review Committee reviewed the application and

10:55:59 finds it consistent with the applicable City of Tampa land

10:56:01 development regulation was minor site plan modifications

10:56:04 required between first and second reading.

10:56:07 The district is CG commercial general.

10:56:11 Approved special use is alcoholic beverage sales, small

10:56:14 venue, beer, wine and liquor.

10:56:16 Sales offpremises consumption only.

10:56:19 They are requesting four waivers on this application.

10:56:23 One waiver is to reduce the required minimum distance from

10:56:26 250 feet to 82 feet for other establishments selling

10:56:32 alcoholic beverages.

10:56:33 The distance requirement, distance separation 250 feet to 30

10:56:37 feet.

10:56:40 They are also reducing the required number of loading berths

10:56:43 from two to zero, and increase compact parking spaces from

10:56:48 65 to 81%.

10:56:51 According to the application submitted, site plan has an

10:56:53 existing single tenant commercial retail building that

10:56:56 currently supports retail liquor store.

10:57:00 Let me show you some photographs of the site.

10:57:08 This is the current location of the liquor stores. This is




10:57:13 Kennedy Boulevard and MacDill Avenue.

10:57:15 And this goes east towards the downtown area to Armenia and

10:57:19 Howard.

10:57:21 They have numerous residential to the north.

10:57:23 Again, eclectic group of commercial and multifamily to the

10:57:28 south.

10:57:32 This is the current look of the ABC liquor store.

10:57:41 This is a look on the west side of the building in the

10:57:44 parking area as it currently exists.

10:57:48 This is a look on the side of the building.

10:57:52 There's another parking area.

10:57:58 More parking area.

10:58:02 This is a look to the west.

10:58:03 This is the restaurant located to the south, Miguels'.

10:58:12 This is a look at New Jersey Avenue or street.

10:58:15 Heading north to the residential neighborhood.

10:58:20 The applicant is proposing to construct a new retail liquor

10:58:24 store on the same site.

10:58:26 Once the new retail store is completed, existing retail

10:58:29 store will be demolished.

10:58:31 The proposed sales area encompasses 10,461.6 square feet of

10:58:36 indoor sales only.

10:58:37 The site utilizes the existing surface parking area for the

10:58:41 site which totals 36 parking spaces once the site is

10:58:45 completed.




10:58:47 36 spaces approved for the design exception.

10:58:50 >>MARY MULHERN: Did you say -- okay, they are going to

10:59:01 build a now store and then demolish the old one?

10:59:04 >> That's correct.

10:59:05 >>MARY MULHERN: I'm looking at the plan.

10:59:07 And I'm having a hard time envisioning.

10:59:11 So where is the new store going?

10:59:14 >> The new store is on this land.

10:59:17 >> The now store -- and where is the old one?

10:59:20 So the new store is --

10:59:24 >> In the middle of this site plan.

10:59:26 >> Okay.

10:59:27 So instead of having it in the middle, they are going to

10:59:29 have all the parking --

10:59:30 >> To one side.

10:59:32 Yes, ma'am.

10:59:32 >> And when I see the retention area, is that new?

10:59:43 >> Yes, ma'am.

10:59:51 Site and building review for the new store now approved.

10:59:54 They are waiting to pull permits.

10:59:56 >>MARY MULHERN: Are there waivers as far as moving it

11:00:01 closer to the street on Kennedy?

11:00:04 >> It was approved by urban design for that location for the

11:00:10 permit application.

11:00:10 >> And are they asking for waivers?




11:00:13 >> No, they are not.

11:00:18 >>CHARLIE MIRANDA: Police department.

11:00:19 >> Officer Don Miller, City of Tampa police.

11:00:22 We have no objection.

11:00:23 >> Petitioner?

11:00:29 >> John Kelly out of Orlando, Florida.

11:00:45 With me is Rex weeks from time line experience.

11:00:56 We are seeking approval, and will answer any questions you

11:01:00 have.

11:01:00 >> Mrs. Mulhern?

11:01:04 >>MARY MULHERN: Yes, this is kind of in my neighborhood and

11:01:06 I drive by it all the time.

11:01:09 I don't drink, so I don't stop there.

11:01:11 But you probably have some customers on either side of me.

11:01:18 I'm just wondering why you are demolishing this current

11:01:23 building.

11:01:25 What's causing you to need to do this?

11:01:27 >> The existing store, we have virtually outgrown.

11:01:31 We have such a heavy traffic pattern there for our sales, we

11:01:34 have actually outgrown the existing structure.

11:01:36 The new structure is just about 3,000, 3500 square feet

11:01:44 larger than the existing building.

11:01:46 The new architectural style, it's going to be a much more

11:01:49 aesthetically pleasing looking building, more landscaping.

11:01:52 >> Yes, that's the problem, when we look at the site plan,




11:01:58 with land development, we can't really see how much you are

11:02:01 expanding.

11:02:02 So you are adding 3,000?

11:02:08 How much square feet are you in in the new building?

11:02:11 >> The new building will be 10,461 square feet.

11:02:26 >> And so it's about 3,000.

11:02:31 >>MARY MULHERN: So you are not adding more in square

11:02:38 footage -- then the parking, you are asking for parking

11:02:43 waivers?

11:02:44 >> Yes, ma'am.

11:02:45 From 42 to 36.

11:02:47 >>MARY MULHERN: I have to say, I have never seen a lot of

11:02:54 parking there, or much overflow there, when I go by there in

11:03:04 an early evening or nighttime.

11:03:05 >> Excuse me, I didn't mean to interrupt you.

11:03:12 >>MARY MULHERN: No, that's all.

11:03:13 >> The industry is a unique industry as the hours of

11:03:18 regulated.

11:03:22 I guess times are regulated so parking is really in a

11:03:28 quandary.

11:03:31 Is this a fast food?

11:03:33 Is this a convenience?

11:03:34 Usually parking requirements, they are not specific to the

11:03:38 exact needs of this retail establishment.

11:03:41 And so they are generally --




11:03:45 >>MARY MULHERN: I guess this question is probably for land

11:03:48 use people.

11:03:48 >> This design exception for reduction in parking to 32

11:03:56 spaces.

11:03:56 >> So they are not asking --

11:03:57 >> They are not asking for waivers on this petition.

11:04:01 >> I guess this building is changing.

11:04:03 You are in the Kennedy overlay.

11:04:05 You are moving and building new and tearing down.

11:04:10 Is this closer to up front near Kennedy Boulevard, am I

11:04:14 correct?

11:04:14 And is the entrance on Kennedy Boulevard or on the sides of

11:04:17 east and west of New Jersey and the other street?

11:04:27 >> The entrance is actually not off of Kennedy or New

11:04:32 Jersey.

11:04:33 The parking lot entrance is off an alleyway that is accessed

11:04:39 from New Jersey --

11:04:40 >>CHARLIE MIRANDA: I am not talking about the parkway.

11:04:42 I'm talking about from where it's at further south towards

11:04:46 Kennedy Boulevard.

11:04:47 I assume.

11:04:48 And then your entrance, is it going to be on Kennedy in the

11:04:51 center of the building or is it going to be on the side?

11:04:54 >> It actually face it is parking lot.

11:04:57 >> And what type of landscaping are you going to have?




11:05:01 >> Unfortunately --

11:05:06 >> Not throwing you a curve ball but just asking.

11:05:10 You should be well prepared for all of this.

11:05:11 >> If you look at the existing building there's almost no

11:05:14 landscaping now.

11:05:15 >> I understand.

11:05:16 You have gray which is asphalt.

11:05:18 >> Right.

11:05:19 This has substantial landscaping.

11:05:21 >> I have an exhibit here I would be glad to share.

11:05:28 >>CHARLIE MIRANDA: I would like to see it.

11:05:29 Or we would like to see it.

11:05:50 >> Put it on the overhead.

11:05:59 >> As you can see, the large circles represent trees.

11:06:09 The smaller ones are indicative of shrubs and different

11:06:18 plants.

11:06:19 Do you need me to repeat?

11:06:23 >>CHARLIE MIRANDA: Yes.

11:06:24 >> As you can see the larger circles are indicative of

11:06:26 trees, or heavy-duty shrubs or large diameter shrubs.

11:06:33 The smaller circles and hashmarks are either sod or low

11:06:39 ground cover and low shrubs which is in accordance with your

11:06:44 code, and a great improvement over the asphalt that we have

11:06:49 there now.

11:06:53 >>CHARLIE MIRANDA: All right.




11:06:54 Let me have Mrs. Montelione and Mrs. Mulhern in that order.

11:06:57 >>MARY MULHERN: Thank you.

11:07:05 One is that you have -- sorry, simple typo, I'm sure -- of

11:07:09 operations of 12 p.m.

11:07:10 I believe that's supposed to be 12 a.m.?

11:07:13 >> Yes, ma'am.

11:07:16 >>LISA MONTELIONE: Yes, I thought so.

11:07:18 So that's just a simple thing.

11:07:19 If and when we move the ordinance, if that is the hours of

11:07:24 operation to 12 a.m. and not 12 p.m.

11:07:27 The other is that -- and this is for staff -- discussion of

11:07:32 the Kennedy overlay and the compliance with the Kennedy

11:07:35 overlay in the staff report that was given just as backup.

11:07:39 Is that because they are complying with everything in the

11:07:41 code?

11:07:46 >> Land development: I do have a review sheet of Mike

11:07:49 Callahan who did review it and said it is compliant.

11:07:52 Would you like me to enter that into the record?

11:07:55 >>LISA MONTELIONE: Yes, I'm sorry I didn't see Mr.

11:07:59 Callahan's notes in the backup material.

11:08:02 Usually it's highlighted.

11:08:05 That notes the compliance with the overlay district.

11:08:08 So that alleviates my concern about the overlay district,

11:08:14 because I want to make sure that this was in compliance with

11:08:17 the overlay district.




11:08:19 And the other is probably for legal, when we discussed the

11:08:24 landscaping, and what's on the site plan there's everything

11:08:36 that our code requires and beyond the site plan is on the

11:08:40 site plan.

11:08:41 And you have got, you know, the cross-hatch with proposed

11:08:44 sod or ground cover.

11:08:50 But we can't enforce the types or plantings that's there.

11:08:57 It's just size, and placement, in accordance with our code.

11:09:02 We can talk a lot about, you know, enhanced landscaping or

11:09:09 how pretty it's going to be but that's not enforceable

11:09:11 issue, just the size of the trees, the number of the trees,

11:09:14 and in compliance with our code.

11:09:16 And that's what we can enforce.

11:09:17 >> Yes, thank you.

11:09:23 And this is an alcoholic beverage permit application.

11:09:26 So your concern would be whether or not the sale of

11:09:28 alcoholic beverages as proposed is compatible and meets the

11:09:33 general standard as provided in your code with emphasis on

11:09:38 the alcoholic beverage.

11:09:39 >> We understand that.

11:09:41 >> That's all I have.

11:09:43 >>CHARLIE MIRANDA: Anything else, council members?

11:09:44 Anyone in the audience care to speak to item number 62?

11:09:49 Yes, sir.

11:09:49 >> Thank you and good morning.




11:09:55 My name is John few, number 26 south Treasure Drive in

11:10:00 Tampa.

11:10:00 I represent A few Tampa properties LLC which owns our

11:10:05 neighboring property to the west of ABC, bar and grill.

11:10:13 Just to kind of set the stage for you, my family has owned

11:10:16 this piece of property since 1947.

11:10:20 And we are arguably one of the longest continuing

11:10:24 landholders on Kennedy Boulevard.

11:10:26 A and as you are well aware, when I took over management of

11:10:30 the property in 1998, I began proceedings to try to evict

11:10:35 the prior tenant and it took me 12 years to get him out.

11:10:39 Seven in litigation, and five on their court order to allow

11:10:43 them to pay back legal fees that they owed.

11:10:45 We finally successfully evicted the tenant in 2010.

11:10:49 And since 2010 we underwent very great effort, expense, time

11:10:58 to turn that building into something that is number one

11:11:03 complying with the Kennedy overlay district, and number two,

11:11:05 something the city of the would be proud of. We came before

11:11:08 you in 2010 for wet zoning and I told you then that we

11:11:11 wanted to put a family-friendly restaurant bar and grill in

11:11:14 that establishment, and I think that we have upheld our end

11:11:18 of the bargain and we thank you very much.

11:11:21 We have no issues with ABC being in the neighborhood.

11:11:24 In fact, they have been a great neighbor, great citizen,

11:11:29 community citizen, but we have an issue with how the




11:11:33 proposed new building is going to be situated on the lot.

11:11:37 So inasmuch as we are the nearest neighboring establishment

11:11:43 that serves alcohol, we would like to object to the plans as

11:11:47 we currently understand them.

11:11:53 Most importantly -- this is a little simpler.

11:12:05 Everybody see that?

11:12:08 Where the current building is situated, this is fire bar and

11:12:11 grill here.

11:12:11 This is where Miguel's is over here.

11:12:14 This is Richard Escobar, an attorney, over here.

11:12:19 This is ABC's property.

11:12:21 The current building is this dotted line in the middle of

11:12:25 the property.

11:12:25 The new building is going to be situated roughly here on the

11:12:30 lot.

11:12:36 And from our perspective it's the cart riding the horse in

11:12:39 the sense that this building is being situated on this lot

11:12:42 to accommodate running the old building while they are under

11:12:48 construction, which is a window from what I understand from

11:12:51 their plans about 75 days.

11:12:55 So in order to allow them to operate out of that building

11:12:58 for 75 days, they are going to situate a piece of build -- a

11:13:02 building on a piece of property that, number one, doesn't

11:13:04 fit with the existing neighborhood, by the Westshore overlay

11:13:08 district and approved, I'll never know.




11:13:12 Kennedy overlay district.

11:13:14 Because it specifically holds for consistent orientation of

11:13:17 the building structure with other buildings.

11:13:21 Just for a layman to look at this and see the building is on

11:13:24 the west side of the property, with the parking on the east

11:13:27 side of the property, the primary ingress and egress to the

11:13:29 building is going to be east and west.

11:13:31 Most all of the businesses surrounding him, the ingress and

11:13:36 egress north and south.

11:13:38 That's our biggest issue.

11:13:41 Number two -- let me make sure that I covered everything in

11:13:44 regard.

11:13:45 We have the site plan.

11:13:47 Also have the elevations that Mr. Weeks was kind enough to

11:13:50 send to me.

11:13:51 I mean, they have been very responsive, and I have had

11:13:53 discussion was ABC.

11:13:55 Again, we have nothing against ABC.

11:13:57 They have been a great neighbor and a great citizen.

11:13:59 But we have issue again with where this building is to be

11:14:03 situated.

11:14:03 These are the current elevations.

11:14:12 This is the elevation, this top drawing, the south

11:14:19 elevation.

11:14:20 This is what you will see from Kennedy Boulevard.




11:14:22 There is a door on this side of the building, but it will

11:14:27 not be the primary ingress and egress for the building.

11:14:33 On the east elevation, the primary door to the means of

11:14:41 ingress and egress to the building will be here off the

11:14:44 parking lot to the east.

11:14:45 Okay.

11:14:46 Our biggest concern is now down here to the west elevation,

11:14:50 which is what faces our property.

11:14:52 It is a 25-foot by 90-foot wall.

11:14:58 Along New Jersey Avenue.

11:15:00 And our biggest concern as a land owner is that's what we

11:15:04 are going to be looking at.

11:15:06 There's a wall with their billboard 25 feet tall which is

11:15:09 taller than the current structure, 90 feet wide.

11:15:12 And if you will look at exhibits -- give me a second --

11:15:19 attachment to exhibit D, in the requested variance page, one

11:15:24 of the variance request is proximity to residences.

11:15:27 There's a residence 30 feet away from the proposed

11:15:30 structure.

11:15:31 So in that exhibit D, it specifically says that the building

11:15:35 is moved as close to Kennedy as is going to be allowed to

11:15:38 accommodate as much distance between the residents and the

11:15:43 proposed structure as possible.

11:15:45 They are consciously trying to move this property to the

11:15:48 south and west to come as close to Kennedy Boulevard as




11:15:52 possible.

11:15:54 We as business owners feel like it's going to be a negative

11:15:59 effect on us for a number of reasons.

11:16:01 First, it's not keeping with the orientation of the

11:16:03 neighborhood.

11:16:05 Second, it's going to impede visibility driving west on

11:16:09 Kennedy Boulevard where you have a building now that's

11:16:12 closer to the street, and New Jersey Avenue at the

11:16:15 intersection of New Jersey and Kennedy Boulevard is, again,

11:16:19 the primary means of ingress and egress for our tenants as

11:16:23 well as for part of the neighborhood.

11:16:26 >>CHARLIE MIRANDA: Let me say this, and I'm sorry, I

11:16:28 apologize, I asked the clerk to let the clock run because I

11:16:32 was interested in what you are saying but we have gone now

11:16:35 three minutes, we have gone about seven minutes.

11:16:36 >> I will wrap this up as quickly as possible.

11:16:39 >>CHARLIE MIRANDA: I understand, sir.

11:16:40 >> The biggest issue for us is what we are going to look at,

11:16:45 how well people are going to see our business driving down

11:16:48 the street.

11:16:49 Again, we understand that we are not responsible for

11:16:53 responding to the Kennedy overlay district compliance.

11:16:57 But inasmuch as they are applying for a wet zoning on that

11:16:59 parcel because of the reasons I gave you, we would like to

11:17:02 respectfully request the permit be denied.




11:17:07 Thank you very much.

11:17:09 >>CHARLIE MIRANDA: Thank you very much, Mr. Few.

11:17:09 You have a great place there at the Fire.

11:17:14 Any other council members at this time?

11:17:17 Anyone else in the audience care to speak on this subject

11:17:19 matter, item number 62?

11:17:22 Any legal questions that we have?

11:17:24 That have to be answered?

11:17:26 Yes, ma'am?

11:17:26 >>REBECCA KERT: Legal department.

11:17:28 I would just like to again for record purposes, the request

11:17:34 before you is alcoholic beverages.

11:17:39 And you do have to separate, if it otherwise meets code your

11:17:46 denial or approval needs to be on consideration based on

11:17:51 alcoholic beverages and how that affects the surrounding

11:17:56 area.

11:17:56 >> Sense you mention that, Mrs. Kert, obviously with a

11:18:00 facility that has been selling alcoholic beverages for a

11:18:05 long time, what legal ramification do you have for that?

11:18:10 My point is that they have a legal right currently to sell

11:18:13 alcoholic beverages.

11:18:15 If you try to deny based on the fact of alcoholic beverages

11:18:19 are being served, where do you hang your hat?

11:18:24 Do you see what I am saying?

11:18:26 Now you are trying to take away a property right that they




11:18:29 already have, and the only reason you would be taking away

11:18:31 the property right was because of the sale of liquor that's

11:18:35 already happening there.

11:18:36 So you tell me.

11:18:40 >>REBECCA KERT: The only thing that should be the focus of

11:18:43 your consideration is what is different from this from what

11:18:47 is being proposed to what has been previously approved as

11:18:51 that relate to the sale of alcoholic beverages.

11:18:53 >> We don't know when it was approved.

11:18:58 It might have been approved in 1947 next to Mr. Few when his

11:19:02 family started owning this.

11:19:04 I don't know, it's correctly because the only thing that's

11:19:07 different is the building itself, the size of the building

11:19:09 and the way that it looks.

11:19:11 So I just wanted to point that out.

11:19:13 It's a little bit confusing when you say that, because

11:19:16 really they are already selling alcohol there.

11:19:18 >>REBECCA KERT: My point is these points are noted are

11:19:25 relevant as far as the sell of alcoholic beverages.

11:19:31 >>MIKE SUAREZ: I got you.

11:19:34 Thank you.

11:19:35 >>CHARLIE MIRANDA: Okay.

11:19:37 Any other council members?

11:19:39 Mrs. Mulhern.

11:19:42 >>MARY MULHERN: I just want to comment to staff that




11:19:48 increasingly we are having redevelopment come in front of us

11:19:57 that are found to be consistent with comprehensive plans and

11:20:00 overlays, and seem questionable to council, and we need to

11:20:08 look at this.

11:20:09 Because we have this come in front of us with no ability to

11:20:12 weigh in on whether it is compatible and is the kind of

11:20:18 development that we adopted with the Kennedy overlay.

11:20:24 And when you see they are taking a building within the

11:20:28 middle, you know, in some ways it's an improvement.

11:20:30 You are taking a building that was in the middle of the CS

11:20:35 parking, planting some trees and moving it to the side.

11:20:39 But on the other hand, you have got an entire distance that

11:20:49 the actual business is -- our processes, and seems like

11:21:01 everything that comes in front of us, we are told that we

11:21:03 don't really have anything to vote on, but then we are

11:21:08 pointed out that what appears by staff.

11:21:25 >>CHARLIE MIRANDA: Any other council members?

11:21:26 Petitioner, you have a right to rebuttal for five minutes,

11:21:30 closing statement, whatever you like.

11:21:31 Let's go because your five minutes is starting.

11:21:34 >> First, I want to thank you all very much for your time.

11:21:39 Second of all, we do believe that our use will increase the

11:21:46 aesthetic liability of the property.

11:21:50 And we understand the Few complaints.

11:21:55 And we have worked with them and have been a good neighbor




11:21:58 as well.

11:21:59 And once again, thank you.

11:22:04 >>CHARLIE MIRANDA: I don't know if I said anyone else care

11:22:07 to speak?

11:22:11 Anyone else?

11:22:12 I see no one.

11:22:13 You can't speak twice, sir.

11:22:15 I'm sorry.

11:22:15 In fact, you spoke for you, me and the rest of us, but thank

11:22:21 you very much.

11:22:21 I have a motion to close by Mr. Cohen.

11:22:23 I missed the second.

11:22:24 Second by Mr. Suarez.

11:22:25 All in favor of the motion?

11:22:28 Opposed?

11:22:28 The ayes have it unanimously.

11:22:29 Who wants to read the ordinance, and read the substitute

11:22:32 ordinance if you like.

11:22:35 Mr. Suarez.

11:22:35 >>MIKE SUAREZ: Thank you, chair.

11:22:37 I present an ordinance for first reading consideration, an

11:22:40 ordinance approving a special use permit S-2 for alcoholic

11:22:42 beverage sales, small venue, package sales, offpremises

11:22:47 consumption only, and making lawful the sale of beverages

11:22:50 regardless of alcoholic content, beer, wine and liquor, at




11:22:53 or from that certain lot, plot or tract of land located at

11:22:56 3015 West Kennedy Boulevard, Tampa, Florida, as more

11:23:00 particularly described in section 2, providing an effective

11:23:05 date and including revisions provided by staff.

11:23:08 And changing the hours of operation to indicate 8 a.m. to

11:23:13 12 a.m. Monday through Saturday and Sunday 11 a.m. to 12

11:23:16 a.m.

11:23:18 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez.

11:23:19 Second by Mr. Cohen.

11:23:21 Further discussion?

11:23:23 Before I vote, let me say this.

11:23:26 There is two issues here, issues that we can deal with.

11:23:29 That's the alcohol zoning.

11:23:30 The structure we can't deal with today, but if I could let

11:23:34 me say that I would vote against ABC because I think you

11:23:37 have to be a neighbor and you have to work out with the

11:23:40 other property owners, and possibly look at the words that I

11:23:43 am using very carefully, possibly you can make that west

11:23:47 wall of your building a little more decorative so people

11:23:50 don't get shocked when they see something that high and that

11:23:52 long.

11:23:53 But we have a motion for passing by Mr. Suarez, seconded

11:23:58 earlier.

11:23:59 All in favor?

11:24:00 Opposed?




11:24:01 Motion passes unanimously.

11:24:02 Thank you very much.

11:24:03 >>THE CLERK: The second reading of the ordinance will be

11:24:05 held May 2nd at 9:30 a.m.

11:24:12 >>CHARLIE MIRANDA: Okay.

11:24:12 We go to the other public hearings that we have here.

11:24:24 Item number 63 for review hearings.

11:24:26 I think these have all been opened earlier 61 through 64.

11:24:31 This is 63 and now we are asking for another continuation.

11:24:34 Mr. Sosa, 63?

11:24:40 >> They are requesting a continuance to the next public

11:24:50 hearing.

11:24:50 They are in litigation with the previous property owner.

11:24:54 They have an issue that's coming back.

11:24:56 >> I realize those are like continuances, and if they are in

11:25:01 federal court we may be here for two more years.

11:25:03 >> That's true.

11:25:05 >>CHARLIE MIRANDA: Need a motion to continue this to May

11:25:06 16th, the year 2013, at 10:30 a.m.

11:25:10 >>HARRY COHEN: So moved.

11:25:11 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen.

11:25:12 Second by Mrs. Mulhern on item number 63.

11:25:14 All in favor of the motion, please indicate by saying aye.

11:25:18 Opposed nay.

11:25:19 The ayes have it unanimously.




11:25:21 Anyone in the public that wants to speak to this?

11:25:25 Item number 64 cannot be heard.

11:25:33 What date do you want for this?

11:25:35 >>THE CLERK: Either June 6th or June 27th.

11:25:38 >>CHARLIE MIRANDA: What's the council's pleasure?

11:25:42 We may not have enough time --

11:25:48 >>CHARLIE MIRANDA: How about June 6th at 10:30 a.m.?

11:25:51 Motion by Mr. Suarez.

11:25:52 Second by Mrs. Mulhern on 64.

11:25:54 All in favor of the motion please indicate by saying aye.

11:25:56 Opposed nay.

11:25:57 The ayes have it unanimously.

11:25:59 Information reports by council members from left to right.

11:26:02 Mrs. Montelione.

11:26:02 >>LISA MONTELIONE: Thank you, sir.

11:26:05 Yesterday I got a letter in the mail from the City of Tampa,

11:26:10 dear resident, we are -- I will summarize

11:26:14 here ---implementing 32 of the recycling programs so that we

11:26:19 will now have the larger 96-gallon green recycling carts.

11:26:26 So I am excited to see that our program is expanding, and

11:26:32 all those who are in my neighborhood are looking forward to

11:26:36 it.

11:26:38 Disappointed we weren't included in the first phase.

11:26:41 So that's a great thing for us.

11:26:45 The other item I have is I have got a request for




11:26:53 preparation, presentation and accommodation during the May

11:26:57 2nd, 2013 council meeting to honor the international gay

11:27:03 bowling association and their 33rd annual tournament to

11:27:06 be held in Tampa in May.

11:27:10 So 33 years is a very long time and I think they deserve a

11:27:14 lot of credit for such a long-standing event.

11:27:19 The second -- that was a motion.

11:27:23 >>CHARLIE MIRANDA: Motion and second by Mr. Cohen.

11:27:26 All in favor of the motion?

11:27:28 Opposed?

11:27:28 The ayes have it unanimously.

11:27:29 >>LISA MONTELIONE: The second item I have is request and

11:27:33 preparation for a presentation and accommodation during the

11:27:35 May 16th, 2013 council member meeting to honor Moffitt

11:27:41 Cancer for Make May Moffitt Month to promote cancer

11:27:44 prevention and philanthropic efforts to advance research at

11:27:49 Moffitt.

11:27:49 >> Motion by Mrs. Montelione.

11:27:51 Second by Mr. Suarez.

11:27:52 All in favor of the motion?

11:27:54 Opposed?

11:27:55 The ayes have it unanimously.

11:27:59 Thank you.

11:27:59 Mr. Cohen?

11:28:00 >>HARRY COHEN: Thank you, Mr. Chair.




11:28:03 Last week, at our CRA meeting, in a discussion related to

11:28:08 Tampa Heights, Mr. John Tennison spoke to us about some of

11:28:15 the challenges that the neighborhood is having with the

11:28:17 general problem of homelessness and vagrancy.

11:28:21 And he talked about multiple populations with sometimes

11:28:29 contrasting services, and that many of our neighborhoods are

11:28:32 burdened with multiple iterations of this problem.

11:28:37 I would like to ask that we have a staff report from the

11:28:39 Tampa Police Department on May 2nd at 10:00.

11:28:45 And I would like that discussion to address some of the

11:28:50 things that Mr. Tennison brought up at the CRA meeting.

11:28:55 And I particularly would like us to hear from officer

11:28:58 McDonald about the efforts that TPD is making and what tools

11:29:04 we might be able to provide them with to assist them in

11:29:07 connecting people with the services that would be most

11:29:12 appropriate for the difficulties that they are facing as

11:29:16 well as with some of the complaints and issues being brought

11:29:19 up by the citizens relating to our parks and some of the

11:29:26 things that are occurring on our streets.

11:29:28 I would also like to ask the legal department to appear for

11:29:32 the purpose of aiding us in looking for ways that we might

11:29:37 look to address some of these problems.

11:29:40 >>CHARLIE MIRANDA: Motion by Mr. Cohen.

11:29:43 Second by Mrs. Mr. Suarez.

11:29:46 Mrs. Mulhern.




11:29:47 >>MARY MULHERN: Councilman Cohen, would you mind if I added

11:29:52 to the staff reports the question of what the city and what

11:29:58 the administration is doing to reduce the number of

11:30:00 homeless, find beds, or create beds or reduce the number of

11:30:07 people that are on the street?

11:30:14 >>CHARLIE MIRANDA: Second by Mr. Suarez.

11:30:15 It's a friendly amendment. You both accepted.

11:30:20 Mrs. Montelione.

11:30:21 >>LISA MONTELIONE: Thank you so much.

11:30:23 And this is in the form of a workshop.

11:30:25 >> In the form of a staff report at our next regular meeting

11:30:29 on May 2nd.

11:30:30 >>LISA MONTELIONE: I also would like to add -- and maybe we

11:30:36 mate want to consider making it a workshop -- because there

11:30:41 have been a series of meetings that have been taking place

11:30:43 for, I think, it's about eight months now with the

11:30:48 Department of Housing and Urban Development that I have been

11:30:54 a part of, and there have been several committees set up to

11:30:56 address several of the issues that we have in the city with

11:31:00 homelessness, and the chronic homeless issue is really what

11:31:08 we are dealing with when we have talk about the issues that

11:31:12 are in Tampa Heights.

11:31:14 And Mike Merrill from the county, the county administrator,

11:31:17 has taken on the chairmanship of the chronic homeless.

11:31:23 And if we are going to talk about what the city is doing,




11:31:27 some of the programs are not falling to the city

11:31:34 administration but falling to some of the county's

11:31:37 programming.

11:31:48 >> With all due respect, I think if we want to hear from

11:31:52 them, that's perfectly appropriate.

11:31:54 But I would not -- I don't think you want to have it as part

11:31:57 of this item.

11:31:58 I would support you if you want to bring that back as a

11:32:00 separate item, either on the same day or in a workshop

11:32:04 situation, but I do -- I am concerned if it's running too

11:32:08 far afield and the conversation getting too broad.

11:32:11 >> I don't.

11:32:16 >> The Salvation Army, Metropolitan Ministries, all of the

11:32:26 functions of serving the homeless that the county funds, not

11:32:37 are located in Tampa Heights.

11:32:39 So I can't see that we can have a discussion of Tampa

11:32:42 Heights and the homeless issues that they are facing without

11:32:44 addressing the entire comprehensive programming that's

11:32:49 taking place.

11:32:50 >>HARRY COHEN: I am hoping TPD will be able to address some

11:32:55 of that, and like I said, I will support a separate

11:32:57 discussion on that but I really don't want to make this go

11:33:01 beyond having the city talk to us about it in two weeks.

11:33:04 >>LISA MONTELIONE: I think we are missing the mark.

11:33:10 >> Let me say this.




11:33:11 We have a motion, whether we agree on that.

11:33:13 We have to vote on that sooner or later.

11:33:15 I had a motion, I believe, by Mr. Cohen, I believe seconded

11:33:18 by Mr. Suarez.

11:33:22 Discussion again.

11:33:22 >>LISA MONTELIONE: Would you consider having the homeless

11:33:29 coalition here?

11:33:31 >>HARRY COHEN: Yes.

11:33:32 >>CHARLIE MIRANDA: I have another addition to the original

11:33:33 motion made by Mrs. Mulhern, the other one made by Mrs.

11:33:36 Montelione.

11:33:38 Both the maker and co-maker are acceptable to that?

11:33:41 >> Sure.

11:33:42 >>CHARLIE MIRANDA: We'll vote on that motion.

11:33:43 All in favor of the motion indicate by saying aye.

11:33:45 Opposed nay.

11:33:46 The ayes have it unanimously.

11:33:48 All right.

11:33:48 Anything else Mr. Cohen?

11:33:49 >>HARRY COHEN: No, thank you.

11:33:50 >>MARY MULHERN: Thank you, Mr. Chairman.

11:33:53 I have one piece of new business.

11:33:55 I need to add, make a change to an agenda item for our

11:34:01 workshop session on May 23, the fourth item to discuss the

11:34:09 formal zoning administrator interpretation decision process.




11:34:15 And part of what I had asked for didn't get included and

11:34:21 needs to be included, so that they know what we need to hear

11:34:24 about when they come.

11:34:26 So I need to add additional information to the May 23rd

11:34:29 workshop on the zoning administrator's decision process to

11:34:32 include for discussion -- and this is what's new -- informal

11:34:38 decisions and findings of substantial deviation and

11:34:41 alternative design exceptions.

11:34:48 >>CHARLIE MIRANDA: I have a motion.

11:34:48 Second by Mrs. Montelione.

11:34:50 Motion made by Mrs. Mulhern.

11:34:52 All in favor of the motion?

11:34:53 Opposed?

11:34:54 Motion passes unanimously.

11:34:55 Anything else, Mrs. Mulhern?

11:34:58 >> No, thank you.

11:35:00 >>FRANK REDDICK: Chair, I just have one question.

11:35:02 In the previous meeting, council meeting, we agreed to send

11:35:05 a letter to the board of county commission, I believe, about

11:35:09 supporting domestic partner registry.

11:35:12 Did we of follow up with communications?

11:35:14 >>CHARLIE MIRANDA: I don't know.

11:35:15 I signed so many of them, I don't know.

11:35:17 But if it's not done, we'll make it.

11:35:21 >>YVONNE CAPIN: I made that motion.




11:35:22 And we did not send a letter of the resolution.

11:35:31 >>CHARLIE MIRANDA: I understand.

11:35:33 I don't know that.

11:35:34 I haven't seen anything.

11:35:46 >>CHARLIE MIRANDA: Mrs. Capin, anything?

11:35:49 >>YVONNE CAPIN: (off microphone)

11:35:50 Yes.

11:35:51 May 23rd, let's see here, the evening session as-needed

11:35:55 basis, and we have on their they're the workshop on

11:35:59 alcoholic beverage, and the report from the economic impact

11:36:06 of cultural assets committee, and ask for a time definite,

11:36:11 5:30.

11:36:12 >> Second.

11:36:14 >>CHARLIE MIRANDA: I have a motion by Mrs. Capin.

11:36:16 I have a second by Mrs. Mulhern.

11:36:18 All in favor of the motion?

11:36:19 Opposed?

11:36:20 The ayes have it unanimously.

11:36:22 Anything else, Mrs. Capin?

11:36:24 >>YVONNE CAPIN: Yes.

11:36:24 I would like to move that a commendation someone leaving our

11:36:35 city staff, and fortunately staying in the city, and I am

11:36:38 looking at the date for the commendation for his service to

11:36:40 our city.

11:36:43 We never recognized him in his efforts for what he did in




11:36:47 the contracting putting together the RNC, Super Bowl, taking

11:36:51 over the convention center, the parks and rec.

11:36:54 So I would like to present a commendation April 25, unless

11:36:58 he wants to come May 2nd.

11:37:02 >>HARRY COHEN: He will still be here May 2nd.

11:37:04 >> So may 2nd, commendation to Santiago Corrada for his

11:37:09 services to our city for the past nine years.

11:37:11 >> Second.

11:37:13 >>CHARLIE MIRANDA: Motion by Mrs. Capin.

11:37:14 Seconded by Mr. Suarez.

11:37:16 On a close vote with Mrs. Mulhern.

11:37:17 All in favor of the motion?

11:37:19 Opposed?

11:37:19 The ayes have it unanimously.

11:37:22 >>YVONNE CAPIN: I would like to also present a commendation

11:37:25 to our city attorney, Mr. Shimberg, for his leadership in

11:37:31 our city.

11:37:34 And I think he's May 1st. Yes.

11:37:38 So his would be April 25th. April 25th.

11:37:45 >>MARY MULHERN: Second.

11:37:48 >>CHARLIE MIRANDA: I have a motion by Mrs. Capin, second by

11:37:50 Mrs. Mulhern.

11:37:51 All in favor of the motion? Opposed?

11:37:53 The ayes have it unanimously. Thank you.

11:37:56 Mr. Suarez.




11:37:57 >>MIKE SUAREZ: You said the two things I was going to talk

11:38:00 about.

11:38:01 And I apologize, chair.

11:38:02 I'm looking this up on Facebook.

11:38:05 Reported by Tampa Police Department, and I would just like

11:38:08 to read this in.

11:38:10 Reserve officer Mike Simpson.

11:38:14 On patrol in the Beach Park neighborhood last night,

11:38:18 discovered a house on fire at hill crest drive.

11:38:20 He rushed inside and saw three elderly residents, one in a

11:38:24 wheelchair.

11:38:26 Officer managed to get all three out safely, without any

11:38:28 kind of problem.

11:38:30 So kudos to officer Simpson.

11:38:33 Thanks for Tampa Police Department for reporting that on

11:38:37 Facebook to all the people that follow it.

11:38:39 I do.

11:38:39 And I think a lot of other people do.

11:38:41 Because it's important to make sure everyone knows how our

11:38:44 guys are not only looking for crime when someone calls us,

11:38:47 but also when something is happening without him having to

11:38:51 do it.

11:38:52 So we appreciate the officer.

11:38:58 >>CHARLIE MIRANDA: Thank you.

11:38:59 We go to public general comments.




11:39:01 Any of you 5000 like to come up?

11:39:04 I don't see anyone.

11:39:06 Need a motion to receive and file the documents.

11:39:08 I have a motion by Mrs. Montelione.

11:39:09 Second by Mrs. Mulhern. All in favor of that motion?

11:39:13 Opposed nay?

11:39:14 Anything else, clerk?

11:39:15 >>THE CLERK: Can I ask for clarification on an earlier

11:39:18 motion, the time for those two workshops, are both set for

11:39:22 5:30?

11:39:23 >>CHARLIE MIRANDA: I believe they are both set for 5:30.

11:39:25 Am I correct, Mrs. Capin?

11:39:28 >>YVONNE CAPIN: Yes. 5:30.

11:39:29 >>CHARLIE MIRANDA: We stand adjourned.

11:39:32 >>> (Meeting adjourned)

11:39:37



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