TAMPA CITY COUNCIL
Thursday, June 27, 2013
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8:44:08AM >>CHARLIE MIRANDA: City Council is called to order.
9:05:28AM The Chair yields to Mr. Harry Cohen.
9:05:32AM >>HARRY COHEN: Thank you, Mr. Chair.
9:05:33AM Please join our clerk, Shirley Foxx-Knowles, in the standing
9:05:37AM for the invocation, followed by the Pledge of Allegiance.
9:05:42AM >> Good morning.
9:05:43AM Let us pray.
9:05:45AM Father, thank you once again for another beautiful,
9:05:50AM beautiful day here in the City of Tampa.
9:05:52AM We give you thanks for your grace and your mercy, and for
9:05:57AM all the wonderful gifts you have provided.
9:06:00AM May we continue to show our gratitude by being kind to one
9:06:04AM Father, we thank you for all those assembled here for
9:06:08AM today's Council meeting, including the gentleman being
9:06:13AM recognized with the commendation.
9:06:15AM We celebrate him for his extraordinary achievements.
9:06:18AM Father, next week as we celebrate the 237th anniversary of
9:06:24AM our country's declaration of independence, we give thanks
9:06:27AM for the sacrifices and struggles of all patriots, who sought
9:06:33AM to make this country a reality.
9:06:35AM Father, please continue to provide your protection to those
9:06:41AM currently serving on the front lines for our freedom.
9:06:44AM And when their job is done, please bring them back safely to
9:06:48AM their loved ones.
9:06:49AM We truly thank them for their service.
9:06:52AM Bless our Council and continue to guide them in the
9:06:55AM decisions they will make today.
9:06:58AM Make them instruments of your will.
9:07:00AM And father, please also bless our Council as they take their
9:07:05AM summer vacation.
9:07:06AM And now, as we go about the worldly matters of this city,
9:07:12AM keep us in your care and make us shining examples of your
9:07:17AM These things we ask and thanks we give with humble hearts.
9:07:22AM Let us all say Amen.
9:07:28AM [PLEDGE OF ALLEGIANCE]
9:07:50AM >>CHARLIE MIRANDA: Roll call.
9:07:53AM [Roll Call]
9:07:54AM >>MIKE SUAREZ: Here.
9:07:55AM >>YVONNE CAPIN: Here.
9:07:56AM >>FRANK REDDICK: Here.
9:07:59AM >>HARRY COHEN: Here.
9:08:00AM >>CHARLIE MIRANDA: Here.
9:08:00AM >>CHARLIE MIRANDA: I need a motion for adoption of the
9:08:03AM minutes -- motion by Mr. Suarez, second by Mr. Cohen.
9:08:05AM All in favor of the motion, signify by saying aye.
9:08:07AM Opposed nay.
9:08:09AM The ayes have it unanimously.
9:08:09AM Ms. Capin, now we do the commendation presentation, honoring
9:08:14AM Gary Ratliff.
9:08:31AM >>YVONNE CAPIN: I serve on the board of the Tampa Theatre.
9:08:36AM And I want to thank the board and the Tampa Theatre staff
9:08:41AM for choosing me to give this commendation.
9:08:45AM Mr. Ratliff, City Council recognizes the contribution of
9:08:51AM Gary Ratliff to the Tampa Theatre and congratulates him on
9:08:55AM his July 4th, 2013 independence day retirement from the
9:08:59AM iconic Tampa landmark.
9:09:01AM Mr. Ratliff began his career with the Tampa Theatre in 1969,
9:09:06AM when the theater was still operating as a commercial movie
9:09:09AM Upon the rescuing of the theater by the City of Tampa in
9:09:14AM 1977, he was retained to assist with preparing the building
9:09:18AM for its reopening in 1978.
9:09:21AM Since that time, Mr. Ratliff has served as the theater's
9:09:26AM stage manager, managing the setup and operation of over
9:09:30AM 15,000 events.
9:09:32AM His positive attitude has made him a valuable asset with
9:09:36AM rental clients and visiting performers.
9:09:39AM Cementing theater's reputation as a user-friendly venue and
9:09:43AM community treasure.
9:09:44AM The City of Tampa -- the Tampa City Council thanks Gary
9:09:48AM Ratliff for the contribution in making the Tampa Theatre the
9:09:55AM success that it has become and wishes him the best in his
9:09:59AM And it was a unanimous signed by all City Council members.
9:10:03AM [ Applause ]
9:10:11AM >> I don't do speeches well.
9:10:13AM I'm usually behind the curtain.
9:10:14AM But I would like to thank the Council for this.
9:10:16AM This means a lot to me.
9:10:18AM And it's been a great run, as just the hair on the legs are
9:10:25AM getting old.
9:10:26AM So, I guess it's time for somebody new like Mr. Pierson here
9:10:29AM to take over for me.
9:10:31AM And once again, I want to thank all of you very much and all
9:10:34AM the staff of the Tampa Theatre and people that I've worked
9:10:37AM with over the years.
9:10:38AM Some of whom are here and some that are not present.
9:10:41AM But thank you all very much.
9:10:43AM I appreciate it.
9:10:44AM [ Applause ]
9:10:56AM >>CHARLIE MIRANDA: One more presentation that we're going to
9:10:58AM do, to officer Don Miller, who is leaving his services to
9:11:03AM City Council.
9:11:24AM >>CHARLIE MIRANDA: Dick Tracy --
9:11:26AM [ Laughter ]
9:11:27AM >>CHARLIE MIRANDA: Don, this is a day that we'll all
9:11:31AM remember, I mean, the service that you've given to all 7
9:11:34AM Councilmembers, not only this Council, but prior Councils in
9:11:37AM the past and the work that you've done, not only with us
9:11:40AM directly, but indirectly in dealing with all the
9:11:43AM applications that primarily in web zonings and things of
9:11:47AM The hundreds of investigation that is you've done and that's
9:11:50AM not your only job.
9:11:51AM You also do undercover work and you always do a lot of other
9:11:55AM work for the police department.
9:11:56AM And we're very honored to have had you for eight years,
9:12:00AM working and protecting all the citizens of the City of
9:12:02AM Tampa, not only the seven Councilmembers and staff, and
9:12:05AM we're very gracious for all the work that you've done and
9:12:08AM really appreciate it.
9:12:11AM And as I understand it, you're moving up to higher position.
9:12:15AM >> Moving up to politics.
9:12:17AM >>CHARLIE MIRANDA: Politics?
9:12:19AM >> Joining the PDA.
9:12:21AM >> Remember, one thing in politics, in anything necessary
9:12:23AM the world you can finish second and still be successful.
9:12:26AM Horse racing, golf.
9:12:28AM You make half a million dollars finishing second.
9:12:30AM In politics, when you finish second, they forget who you
9:12:34AM That's the only advice I'm going to give you.
9:12:37AM Make sure you have a W, not an L.
9:12:39AM You never lose an election, you just never get enough votes.
9:12:43AM We really appreciate all the work that you've done.
9:12:46AM I'm sure you want to say some kind words to the
9:12:48AM Councilmembers and the staff.
9:12:50AM I remember seeing all the staff show up like they have here
9:12:52AM for you.
9:12:53AM You must be a nice looking guy.
9:12:55AM >> Thank you.
9:12:56AM >>CHARLIE MIRANDA: Our appreciation for all the work you've
9:12:57AM >> Thank you, Charlie.
9:12:59AM [ Applause ]
9:13:05AM >> Thank you very much.
9:13:06AM I'm truly humbled.
9:13:07AM I'm usually behind the scenes kind of guy, as you all know
9:13:12AM But thank you very much.
9:13:13AM I -- it's been more than a job.
9:13:16AM It's been like a family.
9:13:17AM Eight years is a long time.
9:13:19AM And I've made a lot of connections with you guys.
9:13:22AM It's going to bitter me to have to leave, but it's time to
9:13:27AM move on and go on to bigger chapters of my life.
9:13:31AM I appreciates each and every one of you.
9:13:33AM Learned lots from each and every one of you.
9:13:35AM Really the people of Tampa are very lucky to have each and
9:13:39AM every one of you because you do a thankless timeless jobs
9:13:43AM like police officers.
9:13:44AM A lot of people are quick to quick you, but not many times
9:13:47AM do they want to thank you.
9:13:48AM You guys are definitely serving.
9:13:50AM So I thank you and thank you for the opportunity to serve
9:13:54AM As your personal bodyguard for the last eight years.
9:13:56AM [ Laughter ]
9:13:57AM >> And everything else in between.
9:13:59AM And I love each and every one of you.
9:14:01AM Thank you very much.
9:14:02AM [ Applause ]
9:14:08AM >>CHARLIE MIRANDA: Ms. Montelione?
9:14:10AM >>LISA MONTELIONE: Donnie.
9:14:13AM Come on back.
9:14:14AM I know we talked a little bit about this last week.
9:14:21AM And we're still going to see you.
9:14:23AM >> You will.
9:14:25AM >>LISA MONTELIONE: And I know you're going to miss me.
9:14:27AM >> Very much.
9:14:28AM >>LISA MONTELIONE: I'm a challenge.
9:14:29AM And I just got to say you look like a union boss.
9:14:33AM I think it's a fitting position for you.
9:14:39AM And it is a thankless job that you do.
9:14:42AM And I told the story last week, but when we were first, when
9:14:46AM we first took office and I met you for the very first time,
9:14:51AM and I said that my significant other always thought of
9:14:55AM himself as my bodyguard.
9:14:57AM You looked me dead in the eye, didn't blink, didn't -- no
9:15:01AM expression and said well, just let him take the bullet for
9:15:04AM And I thought, you know, it just took me back, because that
9:15:09AM little off-the-cuff kind of laughable light moment that you
9:15:14AM made was very serious.
9:15:15AM I mean, you and your other fellow officers will take a
9:15:21AM bullet for someone.
9:15:22AM And it takes a very, very special person to put themselves
9:15:27AM in that position.
9:15:28AM So, from the bottom of my heart, I thank you very much.
9:15:32AM >>CHARLIE MIRANDA: Mr. Suarez?
9:15:34AM >>MIKE SUAREZ: Yeah, you're not going to get away without me
9:15:36AM saying something Donnie.
9:15:38AM A couple things.
9:15:39AM One is that, just shows that Jefferson graduate can aspire
9:15:42AM to greater things.
9:15:44AM You're definitely one of the greats.
9:15:46AM You know, and the second thing you did not mention, in that
9:15:50AM entire speech is that your lovely wife, classmate of mine at
9:15:54AM Jefferson high school.
9:15:55AM Who graduated with me and you know, she married a younger
9:15:59AM man, believe it or not.
9:16:00AM >> Much younger man.
9:16:03AM >>MIKE SUAREZ: What a wonderful family you have.
9:16:05AM Having met your daughter the last time she was over here.
9:16:07AM I want to tell you, it takes a lot to do your job here
9:16:11AM because the -- it's so boring and mundane for people that do
9:16:14AM not, who aren't involved in government.
9:16:16AM And may not want, have an interest in it.
9:16:19AM And you're a police officer and you want to be out there
9:16:22AM with the action.
9:16:22AM And sometimes the action is more verbal than it is physical
9:16:27AM And I know sometimes that's tough on anybody.
9:16:29AM But definitely a guy like you who really likes getting
9:16:32AM involved in the action.
9:16:32AM Now of course being at PBA, we're going to see you all the
9:16:36AM time and we're going to make sure you come up with really
9:16:39AM elaborate speeches and come up before us and talk, okay?
9:16:42AM >> Will be working on it.
9:16:44AM >>MIKE SUAREZ: Well, congratulations.
9:16:45AM We'll be seeing you again, I guess next month?
9:16:52AM >>CHARLIE MIRANDA: I think this is the last meeting.
9:16:55AM >>MIKE SUAREZ: I'm talking about when he comes for PBA.
9:17:00AM >> We'll do officer of the.
9:17:02AM >>MIKE SUAREZ: Congratulations, Donnie.
9:17:03AM We really appreciate.
9:17:05AM >>CHARLIE MIRANDA: Any other Councilmembers?
9:17:06AM Mr. Reddick?
9:17:08AM >>FRANK REDDICK: Thank you, Mr. Chair.
9:17:09AM Just want to be brief and say to you that thank you for
9:17:13AM protecting us over the years we have been here.
9:17:15AM And not only you have done a wonderful job in doing that,
9:17:19AM but you always became a friend.
9:17:22AM So, I appreciate that professional friendship.
9:17:26AM And I look forward to you coming before, want to stand there
9:17:31AM and present the Officer of the Month and you bring the
9:17:34AM So thank you.
9:17:36AM >>CHARLIE MIRANDA: Mrs. Capin?
9:17:38AM >>YVONNE CAPIN: Officer Miller, we know each other's
9:17:41AM families from a long, long time ago.
9:17:44AM You were a little boy.
9:17:46AM I was a little girl.
9:17:48AM [ Laughter ]
9:17:52AM >>YVONNE CAPIN: But you know, you come from a fine family.
9:17:55AM And an old family from here from Tampa.
9:17:59AM And you care very much and it shows in your work.
9:18:03AM Very professional, an honor to have you, an honor to have
9:18:07AM known you for these three years that I'm E I've been on
9:18:11AM Council and to keep the friendship going and seeing you
9:18:13AM every other month or so.
9:18:16AM If not sooner.
9:18:17AM Thank you.
9:18:17AM >>CHARLIE MIRANDA: Mr. Cohen?
9:18:19AM >>HARRY COHEN: Donnie, not to repeat everything everyone
9:18:21AM else said.
9:18:22AM But this room sometimes becomes sort of heated.
9:18:26AM And sometimes things get tense.
9:18:29AM And I know that for myself and for all of us, we have all
9:18:33AM always thought very safe and secure with you here.
9:18:35AM And it was always a source of comfort to me personally, just
9:18:40AM to be able to look out and see you eyeing the room and
9:18:43AM walking around.
9:18:44AM So, I'm glad you'll be here in a couple of weeks.
9:18:46AM And we'll be able to make the transition slowly.
9:18:49AM So thank you.
9:18:51AM >>CHARLIE MIRANDA: The only advice I'm going to give you,
9:18:53AM Officer Miller, is this.
9:18:55AM You used to appear before us.
9:18:59AM Now moves us -- all of us are going to have to appear before
9:19:03AM You got the drift?
9:19:04AM [ Laughter ]
9:19:05AM >> I understand.
9:19:06AM >>CHARLIE MIRANDA: Thank you very much.
9:19:06AM I told it in the best political sense of humor I can.
9:19:15AM The hammer is on your side.
9:19:16AM Thank you very much.
9:19:17AM And by the way, Don Miller worked for me when he was 15
9:19:20AM years old, working in the kitchen on Saturdays and
9:19:22AM afternoons cleaning the kitchen at Cafe Pepe.
9:19:26AM >> With your son.
9:19:28AM >>CHARLIE MIRANDA: With my son.
9:19:29AM We go now for the approval of the agenda and addendum.
9:19:33AM >> So moved.
9:19:34AM >>CHARLIE MIRANDA: Have a motion by Mr. Suarez.
9:19:36AM Second by Mr. Cohen.
9:19:37AM All in favor of the motion, please indicate by saying aye.
9:19:39AM Opposed nay.
9:19:41AM The ayes have it unanimously.
9:19:42AM We go now to public comments on matters that are on the
9:19:48AM agenda and after that, matters that are off the agenda.
9:19:51AM Anyone in the public care to speak on matters on the agenda
9:20:00AM >> Good morning.
9:20:01AM My name is Martinez Wright.
9:20:04AM I reside 3306 east Dr. MLK.
9:20:08AM Some kind of way I got thrown into a lawsuit between James
9:20:12AM causeway and the City of Tampa.
9:20:14AM History has taught me to be proactive more than reactive.
9:20:23AM So I put all the necessary measures in place to protect my
9:20:27AM I provided a copy of the permit that I have --
9:20:30AM >>CHARLIE MIRANDA: Excuse me one second.
9:20:31AM Stop the clock.
9:20:31AM Is this one that's set for public hearing today?
9:20:36AM I'm not sure if it is or not.
9:20:38AM >> I was told it was for 9:00.
9:20:42AM >>MIKE SUAREZ: Chair, I believe that it is further down the
9:20:45AM agenda, probably in the 80 -- hang on a second.
9:20:51AM >>CHARLIE MIRANDA: The problem is this.
9:20:53AM As my error, if it's set for a public hearing, then you have
9:20:57AM to speak at that time.
9:20:58AM But I'm not sure, we are finding out now.
9:21:02AM >>MIKE SUAREZ: It's the alleyway correct?
9:21:05AM >> Yeah.
9:21:07AM >>MIKE SUAREZ: Dispute between you and another party.
9:21:09AM >> Yes.
9:21:11AM >>CHARLIE MIRANDA: That's set at 10:30, sir.
9:21:13AM My apologies to you.
9:21:15AM Next please?
9:21:15AM Anything that's set for a public hearing has to be discussed
9:21:18AM during that public hearing time.
9:21:20AM Anything that's not set for a public hearing can certainly
9:21:22AM be brought up now.
9:21:27AM >> Mr. Miranda, I'm sorry a little confused.
9:21:31AM I'm hear to speak about item 91.
9:21:33AM >>CHARLIE MIRANDA: We'll let you know right now, sir.
9:21:35AM That's staff report.
9:21:39AM You can certainly speak on it now.
9:21:41AM >> Thank you.
9:21:41AM Coral Johnson, 1609 North Franklin Street.
9:21:45AM Corner of Franklin Street fine woodwork.
9:21:48AM Just to give you a gist of where my building is located, I
9:21:53AM face Stetson university.
9:21:55AM I'm on Franklin Street.
9:21:56AM So you know the area.
9:21:57AM We have had for quite a long time a real problem with
9:22:05AM homelessness, vagrancy and specifically an abundance of
9:22:12AM trash, public urination, defecation and that's why we're
9:22:17AM here today, to encourage you to please move forward with
9:22:20AM some type of enforcement activity to take place with this.
9:22:24AM What we're seeing in that area is different levels of trash
9:22:30AM and debris, whether it be from trash from people eating,
9:22:36AM church groups coming to the area to feed people, which I
9:22:39AM applaud them for doing that.
9:22:41AM Typically they bring their own trash receptacles.
9:22:44AM And they try to contain the trash.
9:22:46AM But the other part of trash that we're having, has to do
9:22:49AM with people bringing in transient people bringing in
9:22:53AM suitcases filled with their belongings.
9:22:57AM Hefty bags filled with clothing items.
9:23:00AM And for some strange reason, when they decide to move on,
9:23:04AM they leave the product there.
9:23:06AM They're storing their items in the park, more so on
9:23:14AM sidewalks in front of our businesses.
9:23:15AM So when we come in in the morning, sidewalks are strewn with
9:23:19AM clothes, debris.
9:23:21AM You name it, whatever else they've left inside their
9:23:25AM And so, the onus is on us to clean it up.
9:23:28AM So twice a week on trash day, when I wheel my receptacle
9:23:33AM outside, I go out there with gloves on, trash bag.
9:23:36AM I clean up.
9:23:37AM And we start the procedure all over again the next week.
9:23:40AM The other problem we're having is the public urination and
9:23:44AM defecation, which has become really a problem.
9:23:47AM We, property owners right there on Franklin Street, Florida
9:23:53AM avenue, we just, within the last year, have petitioned the
9:23:57AM city to vacate one of the last remaining open alleyways
9:24:01AM there because it had become the public restroom.
9:24:04AM And had been for years and it was becoming quite an
9:24:07AM unsanitary condition.
9:24:09AM With Mr. Kass' help, all the property owners we got
9:24:13AM together, we closed down the alley, put up some nice
9:24:16AM decorative gates.
9:24:19AM But now the people are proceeding to go in between the cars
9:24:23AM in the parking lots.
9:24:25AM Two weeks ago, I was out in front of my building, 9:30 in
9:24:28AM the morning, this time of day, and there's a man standing
9:24:30AM there on the sidewalk urinating on the Rialto Theater.
9:24:36AM When we yelled at him, his response was, well, what do you
9:24:39AM expect me to do?
9:24:40AM I don't know.
9:24:41AM But I don't expect him to go in public like that.
9:24:44AM Thank you very much.
9:24:45AM >>CHARLIE MIRANDA: Thank you very much.
9:24:46AM Next please?
9:24:48AM >> My name is Ron Zielin and I have a company called Offsite
9:24:52AM Technology Solutions.
9:24:53AM Our business is located 1613 North Franklin Street.
9:24:57AM We moved into that area about two years ago in part because
9:25:01AM the city provided us with a pretty large tax incentive to go
9:25:05AM in there, representing their investment in the community and
9:25:09AM that neighborhood.
9:25:09AM And I in turn spent about $600,000 on the building as well.
9:25:14AM We have about 20 employees as I mentioned.
9:25:18AM Our employees come from all around the city, St. Pete,
9:25:21AM Brandon, Tarpon Springs, etcetera.
9:25:23AM We also have customers coming in from out of town.
9:25:26AM Other cities, other states, etcetera, that come to our
9:25:29AM The reason I'm here is because we need your help.
9:25:32AM We're having a problem enforcing existing laws in that
9:25:36AM And it's turning into an embarrassment, where when we have
9:25:39AM people coming in from outside the city, they look at our
9:25:43AM neighborhood and they laugh and they say, I had no idea
9:25:45AM Tampa had such dangerous neighborhoods around here.
9:25:48AM In the last 60 days in particular, it's gotten a lot worse.
9:25:53AM It's gotten a lot more confrontational and it's gotten a lot
9:25:58AM more violent to the point my employees are getting harassed
9:26:01AM on their way to their cars by having transients yelling at
9:26:04AM Approaching them, asking them for money.
9:26:07AM My employees are scared and I'm concerned that I'm going to
9:26:10AM lose employees if something doesn't change in that
9:26:13AM There's about ten things that are going on there that I
9:26:16AM wanted to add some color, so you could see the problems
9:26:20AM we're up against in the neighborhood recently.
9:26:22AM Urinating on buildings, defecating on cars.
9:26:25AM They're using and buying drugs.
9:26:27AM They're gambling on the corner.
9:26:34AM They're vandalizing my building.
9:26:36AM I had a window get broken about three months ago.
9:26:38AM They're throwing bricks through glass doors.
9:26:41AM Littering, sleeping around.
9:26:43AM Camping out in that park next to Bush Ross.
9:26:46AM Particularly on garbage days, they're tripping over trash
9:26:50AM cans and spreading it around the streets where we can't even
9:26:52AM take our garbage out.
9:26:54AM We're getting confronted and yelled at by the transients in
9:26:58AM that neighborhood.
9:26:58AM And we're not against homeless people.
9:27:00AM But what we're against are criminals.
9:27:02AM And that behavior is untolerated in any other neighborhoods
9:27:06AM in Tampa.
9:27:06AM So I'm wondering why are we getting treated differently in
9:27:09AM this four block area that we have?
9:27:11AM It's not unmanageable.
9:27:13AM It's not that big.
9:27:14AM But like I'm afraid I'm going to lose staff and we're going
9:27:17AM to have to relocate our business if something isn't getting
9:27:21AM done about it.
9:27:21AM My other concern right now is that some of my employees have
9:27:25AM concealed carry permits.
9:27:27AM And they're using them now because they're telling me that
9:27:29AM they're concerned about their safety in that area.
9:27:31AM So, I'm here to ask you for help.
9:27:34AM And ask us to enforce existing laws because it's not a
9:27:38AM homeless problem.
9:27:39AM It's a criminal problem.
9:27:41AM >>CHARLIE MIRANDA: Thank you.
9:27:41AM Appreciate it very much.
9:27:42AM Next please?
9:27:45AM >> Good morning.
9:27:46AM My name is Mike Kass.
9:27:48AM I'm a lawyer.
9:27:49AM I've been in that area since 1982.
9:27:53AM My primary building is at 1505 North Florida as well as 1506
9:28:01AM North Florida.
9:28:02AM 1502 North Florida.
9:28:04AM And on the back end on Marion Street.
9:28:07AM I have approximately 500 employees.
9:28:10AM About 400 of them are women.
9:28:13AM And for the first 20 years actually I really was okay there.
9:28:18AM But in the last 10 years, it's just become intolerable.
9:28:22AM It's impacting my ability to hire people.
9:28:28AM I have to have a, you know, have people on staff to go and
9:28:31AM walk people across the street at the end of the day, some of
9:28:35AM the women, because they're being accosted by some of the
9:28:39AM homeless people.
9:28:39AM I would echo what Mr. Zielin said and what Carl Johnson said
9:28:46AM as well.
9:28:46AM All those things are happening on a daily basis.
9:28:49AM Our law firm has spent a considerable amount of time in
9:28:53AM erecting security fences, cameras, and things of that
9:28:59AM And just most recently, about ten days ago, at our building
9:29:04AM at 1506 North Florida Avenue, which is totally surrounded by
9:29:09AM a 6-foot high fence, somebody jumped over the fence, threw a
9:29:16AM brick through one of the doors and went in and rifled the
9:29:20AM This is how bad it's getting.
9:29:22AM Now they're actually jumping over the security fence.
9:29:24AM Notwithstanding the fact there are cameras there and other
9:29:27AM security devices.
9:29:28AM And we would ask City Council to enact some type of an
9:29:33AM ordinance to keep people from doing all of these things.
9:29:36AM Just a quick drive-by Bourquardez Park, any day, you're
9:29:43AM going to find people, if you go over and talk to them, some
9:29:46AM of them just want to fight.
9:29:47AM They just don't like the idea that they just can't park
9:29:50AM And I'm echoing some of these comments for the Bush Ross law
9:29:55AM firm, who unfortunately was unable to get here today.
9:30:01AM They're right by that Bourquardez Park.
9:30:04AM But something needs to be done there.
9:30:06AM I just recently acquired the old Tampa Baker pool hall
9:30:10AM building and I'm getting ready to remodel that at a
9:30:13AM considerable expense.
9:30:14AM And that's right across from that park.
9:30:17AM So, we would ask you folks to please do something to help us
9:30:21AM Thank you.
9:30:22AM >>CHARLIE MIRANDA: Thank you, Mr. Kass.
9:30:23AM Ms. Montelione?
9:30:25AM >>LISA MONTELIONE: Mr. Kass, I just -- I'm very concerned
9:30:29AM about the incident that you talked about somebody jumping
9:30:32AM over the fence and breaking into the building.
9:30:34AM I trust that you contacted TPD and there's an ongoing --
9:30:38AM >> We have it on film and everything.
9:30:41AM TPD has been very accommodating in that respect.
9:30:43AM >>LISA MONTELIONE: Because being a law firm, you have a lot
9:30:45AM of very confidential information and I'm just wondering, is
9:30:48AM that -- I hadn't heard homeless breaking into buildings such
9:30:55AM as yours.
9:30:56AM And that's very concerning to me.
9:30:59AM And I have been by the park there and seen the individuals
9:31:04AM that are camping out.
9:31:05AM So it seems like where -- the items on the agenda talking
9:31:10AM about solicitation in the downtown core area and the camping
9:31:17AM ordinance is a different problem than what you and what the
9:31:22AM previous speaker, Mr. Zielin talked about.
9:31:24AM Because that is more of a criminal experience.
9:31:30AM And perhaps it's Tampa Police Department that needs to step
9:31:34AM up patrols there, because those types of things are criminal
9:31:38AM activities breaking into cars and things like that, so.
9:31:42AM >> That would probably help.
9:31:43AM It occurs to me that the -- I mean, you can park somebody
9:31:48AM there all the time.
9:31:49AM But it's a five or six square foot block area.
9:31:52AM And the police can't be everywhere at all times.
9:31:55AM My personal concern is my employees.
9:31:58AM That, you know, they have a reluctance to leave and go over
9:32:02AM to get their car at lunch or when they're leaving or coming.
9:32:06AM So we have people out there on the street basically, you
9:32:09AM know, performing that function that we don't think should be
9:32:12AM performed if these people were not there.
9:32:16AM >>LISA MONTELIONE: Understood.
9:32:16AM And thank you for your investment in the community.
9:32:18AM >>CHARLIE MIRANDA: Next please?
9:32:23AM >> 412 Madison Street, good morning.
9:32:26AM In reference to items number 85, 90 and 91, as far back as
9:32:31AM October of 2011, I tried with no success to impress upon the
9:32:36AM seven of you, the mayor, the legal department, the chief of
9:32:39AM police, that there are several obvious and correctable
9:32:43AM problems with the city code that deal with homelessness,
9:32:46AM free speech and the right to assemble.
9:32:47AM I urge then and now that first, no person should be
9:32:52AM prevented from placing an item of their property on public
9:32:56AM property, nor be otherwise forced to hold it in their lap,
9:32:59AM back or hands under fear of forfeiture, fine and arrest
9:33:05AM unless there's some reasonable provision within the
9:33:08AM ordinance for the amount of the items and the distance from
9:33:12AM which they can travel from it.
9:33:14AM Second, when it comes -- when it becomes illegal to assemble
9:33:19AM on a sidewalk, the definition of obstruction of free
9:33:23AM passage, which currently makes it illegal for that type of
9:33:27AM assembly, ought to be clear and contained in the language of
9:33:30AM the ordinance itself.
9:33:30AM So that people who wish to avoid arrest may do so.
9:33:33AM Tampa's parks should not close at dark, at 10:00 p.m. or
9:33:39AM necessarily at all.
9:33:40AM That policy wastes good real estate for a good portion of
9:33:45AM the day.
9:33:46AM In reference to item number 86, and the report regarding
9:33:51AM homelessness, back in 2012, I asked then and again I ask you
9:33:56AM now, that you look at -- by this I mean read, the current
9:34:00AM construction of that item, number 86.
9:34:02AM For an example of a continuing broken promise and a charade
9:34:07AM by this Council.
9:34:08AM Over a year ago I pointed out to the chairman that there
9:34:11AM were misspelled words, improper sin tax, shock, tenses,
9:34:16AM phrases and forms of speech that actually destroyed the
9:34:19AM English language.
9:34:20AM It was an item that Council people Cohen and Montelione said
9:34:23AM that the inclusion of this item on the agenda month after
9:34:27AM month represented Council's commitment to doing something
9:34:30AM about the homeless problem.
9:34:31AM The item appears on today's agenda exactly like it was
9:34:35AM before, except now you have referenced a semi annual
9:34:38AM occurrence as a biannual ones, which means every two years.
9:34:43AM Meaning -- do you actually know when this report is supposed
9:34:46AM to occur?
9:34:47AM How often it's supposed to occur?
9:34:49AM And what it's supposed to do?
9:34:51AM Because in all the meetings that I've attended, it's done
9:34:54AM Without greater action on your part, I should tell you that
9:34:58AM your legacy under the current leadership will consist of
9:35:02AM giving land to millionaires, regulating mayonnaise on
9:35:06AM official sandwiches.
9:35:07AM Raising everybody's garbage bill, illegally and deceptively
9:35:12AM keeping protesters from being within the sight and sound of
9:35:15AM convention delegates, giving three names to streets that
9:35:18AM only need one.
9:35:19AM Work-shopping backyard chickens and then doing nothing with
9:35:23AM And adopting a domestic partnership registry that you've
9:35:28AM patted yourself on the back for several hours about, after
9:35:31AM seven other municipalities and a couple of trailer parks did
9:35:34AM it before you.
9:35:35AM Calling that leadership.
9:35:36AM Thank you for attending today's meeting.
9:35:39AM I hope we get serious.
9:35:41AM >>CHARLIE MIRANDA: Thank you for all your pleasantries.
9:35:44AM Must Mulhern?
9:35:48AM >>MARY MULHERN: I want to let you know, last week we did
9:35:51AM pass backyard chicken ordinance on first reading.
9:35:53AM >>CHARLIE MIRANDA: I'm not going to have a debate.
9:35:55AM >> Good morning, Phil Clark, attorney at Kass Shuler, here
9:35:58AM to address item 91 further on the agenda.
9:36:02AM I just wanted to bring to the Council's attention, the
9:36:04AM experience I had yesterday, which was my secretary going out
9:36:07AM to move her car on North Franklin Street.
9:36:09AM Accosted by a street person.
9:36:11AM She was put in fear of her life.
9:36:14AM Got into her car, tried to leave the parking lot.
9:36:16AM Was again accosted by the same person.
9:36:18AM It's a very difficult problem in the area.
9:36:21AM It's a real danger to the health and safety of our
9:36:24AM Thank you.
9:36:25AM >>CHARLIE MIRANDA: Thank you very much.
9:36:25AM I appreciate it.
9:36:26AM Next please?
9:36:30AM >> Good morning.
9:36:31AM My name is Christina Docherty, licensed clinical social
9:36:35AM My residence is 2309 North Ridgewood Avenue in Ridgewood
9:36:41AM I'm also representing, here instead of the president of the
9:36:46AM Ridgewood Park neighborhood association.
9:36:48AM And I'm here in regard to items number 86 and 90 and 91.
9:36:57AM I would like to attend and participate in the report on what
9:37:02AM we are doing about the homeless in the area, particularly
9:37:06AM the Riverwalk area and the downtown around the Tampa
9:37:12AM Heights -- excuse me -- the historic area.
9:37:18AM And also I would like to talk about and hear about the
9:37:25AM First, the one on solicitation.
9:37:27AM I believe that I have a number of ideas for solutions for
9:37:33AM supporting the ordinances that we do, you know, have the law
9:37:39AM enforcement officers or someone possibly change the
9:37:43AM ordinance to deputize some other people that can support
9:37:47AM some, you know, ordinances that can, that can outlaw the
9:37:54AM solicitation and get some of these homeless people out of
9:37:58AM the area.
9:37:59AM And also to offer a solution instead of them being fined,
9:38:04AM but to give them an opportunity for the transportation and
9:38:09AM shelter to another area.
9:38:11AM That's also with the ordinance in 91.
9:38:14AM And so I'd just like to offer some solutions.
9:38:17AM I've been spending a lot of time in the parks, beside
9:38:23AM Stetson and in the area.
9:38:24AM Just as an interested social work in the area as to how I
9:38:28AM can help with this homeless problem.
9:38:30AM And with some of the business members and the Mayor's
9:38:34AM And the neighborhood association.
9:38:36AM And I have a lot of contacts with the homeless services in
9:38:40AM the area as to how we can work together for the solutions so
9:38:45AM we can get some of these homeless individuals out of this
9:38:47AM area, away from our businesses, away from the incoming
9:38:52AM businesses that are starting to establish themselves in this
9:38:57AM area and how people, residents like me can walk our, you
9:39:04AM know, our dogs and ride our bikes and things like that in
9:39:06AM the area without being accosted by some of these homeless
9:39:09AM Thank you.
9:39:10AM >>CHARLIE MIRANDA: Thank you very much.
9:39:11AM Ms. Montelione?
9:39:12AM >>LISA MONTELIONE: Thank you.
9:39:12AM I appreciate your work, ma'am.
9:39:14AM And I want to -- thank you.
9:39:17AM Want to let you know that several of us, myself, I can speak
9:39:23AM only for myself in particular, no it the others, but have
9:39:26AM been working with the homeless coalition, with Hillsborough
9:39:29AM County, with HUD, unfortunately our local HUD office is
9:39:33AM slated for closure because of budget constraints and it is a
9:39:38AM small office.
9:39:39AM It's only 15 people who work in that HUD office.
9:39:42AM And there's a movement now that I have not seen in quite a
9:39:50AM long time.
9:39:51AM Where the different groups are working together in ways that
9:39:57AM I hadn't seen them work together before.
9:39:59AM We have always had quite a territorial issue between social
9:40:05AM service agencies and different non-profits working in, as
9:40:09AM you're shaking your head, you know exactly what I'm talking
9:40:12AM So, with the opening doors campaign, the county has taken
9:40:17AM the lead in the chronic homelessness area.
9:40:21AM And there are several committees that are set up and are
9:40:25AM affordable housing, we all have a director right now, so the
9:40:29AM division director, Mr. Snelling has been chairing one of the
9:40:32AM committees, working on one of the committees.
9:40:35AM And I've been working with the Mayor and some private
9:40:37AM individuals to find additional housing opportunities for the
9:40:44AM chronically homeless.
9:40:46AM >> Thank you.
9:40:47AM One additional thing I did find from interviewing some of
9:40:50AM the homeless people, is that one of the additional problems
9:40:53AM is finding some place for them to stay during the day.
9:40:56AM Not necessarily a housing thing, but to have a place for
9:41:01AM them to be at physically during the day and I have
9:41:05AM identified some agencies that are willing to help.
9:41:09AM >>LISA MONTELIONE: You need to contact my office.
9:41:11AM My aide is Michael Moreno and you can find our contact
9:41:15AM information or come around the hallway here and I'd love to
9:41:18AM sit down with you and hear some of the ideas that you have.
9:41:22AM And report back to the groups that I'm working with.
9:41:26AM >>CHARLIE MIRANDA: Ms. Mulhern?
9:41:27AM >>MARY MULHERN: Thank you.
9:41:28AM I just wanted to say that both those, all of these items are
9:41:31AM of very significant public interest, obviously, there's
9:41:34AM quite a few here, quite a few of you here early this morning
9:41:38AM just to be able to talk about them.
9:41:40AM They're scheduled as staff reports, but there are proposed
9:41:46AM ordinance along with them.
9:41:47AM We aren't necessarily going to pass anything today.
9:41:49AM And my feeling is that because these issues are of so much
9:41:54AM interest to the public, I would like to have a lot more
9:41:56AM public input before we adopt anything.
9:42:00AM I'm not sure how other Council people feel.
9:42:02AM But I'm hoping that we'll have a good discussion with our
9:42:08AM legal department and staff today about this.
9:42:10AM And then come back with a public hearing, notice public
9:42:17AM hearing where people would be able to talk about the
9:42:19AM ordinance before we pass it.
9:42:22AM Or come back with perhaps with a workshop, because I think
9:42:24AM this is obviously very important to a lot of people in the
9:42:29AM >>CHARLIE MIRANDA: Thank you.
9:42:30AM Anyone else?
9:42:31AM Next please?
9:42:33AM >> Good morning.
9:42:35AM I'm Kim headland, 1,001 east 24th avenue.
9:42:40AM I also serve on the YCDC.
9:42:43AM First thing I'd like to present to you is a letter, which
9:42:46AM you should be receiving right now.
9:42:48AM On Tuesday evening, the YCDC unanimously supported the two
9:42:52AM ordinances as currently drafted.
9:42:54AM Items 90 and 91.
9:42:56AM Dealing with solicitation on the use of public spaces.
9:43:01AM And there were a few edits that were requested.
9:43:03AM The first was the inclusion of city parking lots and change
9:43:07AM machines as being a location to prohibit solicitation or
9:43:11AM aggressive solicitation.
9:43:13AM And the second was to the change in the eastern boundary
9:43:16AM from 22nd Street to 26th street.
9:43:19AM And that edit would bring the zone eastward to the existing
9:43:23AM CRA boundary.
9:43:25AM And include the historic, the Ybor historic districts.
9:43:28AM I'm also here personally to speak on items 90 and 91.
9:43:32AM I'm here today to request that you move forward with the
9:43:35AM draft ordinance proposed.
9:43:37AM I firmly believe that these ordinances provide additional
9:43:40AM tools that will assist local agencies to more effectively
9:43:43AM address the most negative issues related to a transient
9:43:46AM population in our region.
9:43:48AM We need tools.
9:43:50AM We need tools to be able to address some significant issues.
9:43:53AM Issues of aggressive and clearly defined aggressive
9:43:56AM panhandling and camping in public parks and right-of-ways.
9:43:59AM These issues are on the rise in our community.
9:44:03AM They impact businesses.
9:44:05AM That he affect life long residents and they affect the
9:44:08AM quality of life for thousands, not just a few.
9:44:10AM It affects the parks that residents choose to go to and it
9:44:13AM affects the business owners and clients and where they
9:44:17AM choose to do business.
9:44:18AM The two draft ordinances presented today are incredibly
9:44:22AM They address very specific approximate and require the city
9:44:26AM to provide alternatives to the conduct or behavior they're
9:44:30AM In short, they affect a very small population responsible
9:44:34AM for the most damaging and the most problematic of behavior.
9:44:38AM While these new tools are needed, it's also critical that
9:44:41AM these new ordinances being coupled with a consistent,
9:44:44AM progressive and holistic effort among all service agencies.
9:44:47AM A very clear and coordinated approach.
9:44:50AM There clearly needs to be a cohesive plan in order to
9:44:55AM connect service providers with those who truly desire
9:44:59AM So today, I implore that you do move forward with the
9:45:01AM proposed ordinances, whether that be a workshop or a future
9:45:05AM public hearing.
9:45:06AM And provide new tools that can assist all citizens.
9:45:09AM Without your leadership and creating additional tools, long
9:45:12AM time residents and businesses will continue to be adversely
9:45:15AM affected and most importantly, the homeless population will
9:45:18AM continue to struggle with uncoordinated and decentralized
9:45:22AM Thank you.
9:45:23AM >>CHARLIE MIRANDA: Thank you very much.
9:45:23AM Next please?
9:45:29AM >> I'm Ed Tillou from Sulphur Spring.
9:45:34AM Mostly came to talk about item 89, cultural assets.
9:45:38AM Most specifically cultural assets focused on food festivals.
9:45:41AM But first, really quick item 68, assessments.
9:45:46AM You're starting to use assessments and I handed out a
9:45:50AM clipping at the last meeting, regarding that dredging over
9:45:54AM in West Tampa.
9:45:55AM And that's a perfect place for participatory democracy for
9:45:59AM that community to work out, whether they want the dredging
9:46:02AM expanded, even though it would entail an assessment, or just
9:46:05AM keep it as it is.
9:46:06AM Participatory democracy and assessments, my dad had a huge
9:46:10AM assessment when they sewered his neighborhood.
9:46:13AM Item 6 and 14, about police expenditures.
9:46:17AM The police should be looking for money, hire people to
9:46:23AM monitor noise and the equipment to do that in ways that an
9:46:28AM ordinance would withstand the courts.
9:46:30AM Surprisingly enough, I think the county is doing that,
9:46:35AM rarely does the county do better than here.
9:46:37AM But their ordinance is very quantitative.
9:46:41AM And it involves like maybe hiring people from USF from the
9:46:46AM environmental and occupational health program.
9:46:48AM God knows there's enough people being graduated with the
9:46:51AM expertise to work with this if Tampa PD can't.
9:46:55AM So I mean they need to emulate what the sheriff's department
9:46:59AM is doing.
9:46:59AM Coming to item 9, I've talked about an emergency food bank.
9:47:03AM And the problem is something like that would cost money.
9:47:08AM I got one of these and this would cost $165 million to cover
9:47:14AM a third of Tampa's population for two months.
9:47:18AM 165 million.
9:47:20AM Now, I propose other things and that beans, I said
9:47:29AM 30 million.
9:47:30AM I was wrong.
9:47:31AM I was going by meals.
9:47:32AM And it's protein per day.
9:47:35AM Ten million for beans.
9:47:36AM But beans have problems and I'm an old dog who can learn
9:47:41AM I thought there should be a festival for that.
9:47:43AM Then I found the problems with beans.
9:47:44AM So the thing is, powdered milk would be about 112.
9:47:50AM I said about 140 odd.
9:47:53AM So would be about 116.
9:47:55AM So anyway, surprisingly enough, as I've done a lot of this
9:48:00AM research, I came up with something.
9:48:03AM I handed you about a possible energy source, which can
9:48:07AM provide feed stock for what my Capstone design project at
9:48:11AM USF is supposed to be, a refinery for bio fuels.
9:48:15AM And it's much better than palm oil.
9:48:17AM Really quick, here's an interesting member of the bean
9:48:20AM It was the street trees in my hometown.
9:48:24AM Locust trees.
9:48:25AM They're a member of the bean family.
9:48:27AM And you need to read the ingredients of your pina colada,
9:48:34AM because again, it's beans.
9:48:36AM I'll have to continue.
9:48:37AM >>CHARLIE MIRANDA: Thank you very much.
9:48:38AM Next please?
9:48:38AM Next, anyone else?
9:48:53AM >> Hi, my name is Roy Krupp, here to speak about 86, 90 and
9:48:58AM I came before the City Council over a year ago, to speak
9:49:02AM about homelessness.
9:49:03AM And what I've seen is the -- nothing's really changed.
9:49:09AM I think 24 apartments were given to 24 individuals.
9:49:14AM And now we're supposed to relieve the problem of 17,000 plus
9:49:18AM homeless people in Tampa.
9:49:20AM I don't think a plan to criminalize homelessness is the
9:49:28AM I really don't.
9:49:29AM You know, I respect peoples, their business interests.
9:49:36AM And the reason why people are hanging out in that park,
9:49:41AM which is in front of Stetson, the Stetson law building, is
9:49:45AM because they're not even allowed to stay at the Salvation
9:49:47AM Army during the day.
9:49:48AM I was with a woman, she was going to check in at 3:45.
9:49:53AM And we were standing right in front of the door at Salvation
9:49:55AM Army at 3:00, they told us we couldn't even wait in front of
9:49:59AM that door on the property.
9:50:01AM I mean it's like the homeless shelter itself is not, is not
9:50:05AM sheltering homeless people.
9:50:07AM That's how bad the problem has gotten in Tampa, about
9:50:11AM And you know, it's out of sight, out of mind.
9:50:15AM Sweep it under the rug, push these people out.
9:50:18AM Some other city has to deal with it.
9:50:20AM And I really, you know, I can't feel more passionate about
9:50:23AM this issue.
9:50:24AM I brought the good book in front of me here because there
9:50:27AM are so many times, you know, in the old testament where the
9:50:31AM prophets speak about it and the new testaments, how you
9:50:35AM treat the least of your people is how the Lord's going to
9:50:37AM look on you at the end of your life.
9:50:39AM And I really believe how a city or how a nation as a whole
9:50:43AM treats the most vulnerable is really indicative of, you
9:50:48AM know, of its greatness or the lack thereof.
9:50:51AM And so, you know, I'm glad to hear that people are talking
9:50:56AM about this and they want to find solutions, you know.
9:51:03AM Donated by Catholic charities, in 2009, 2010, it was brought
9:51:08AM up for a vote.
9:51:09AM They wanted to do something about this problem.
9:51:11AM They wanted to at least move some of the homeless people out
9:51:14AM of the city, out of the downtown area.
9:51:16AM And you know, it was voted down.
9:51:18AM So you're seeing the fruits of this problem right now.
9:51:22AM I mean, it's right in front of you.
9:51:23AM If you don't do anything about the problem, you know, and if
9:51:26AM there aren't enough jobs for people, you know, or they're
9:51:29AM not qualified for them, you know, you're just going -- are
9:51:33AM you going to build bigger prisons so you can, so you can put
9:51:37AM them in there?
9:51:38AM Because the people don't have anywhere to go or they're not,
9:51:41AM you know, occupied with work.
9:51:43AM It's just -- I just seen the problem get worse in the last,
9:51:48AM you know, three years.
9:51:50AM And you know, people can talk about it all day long what
9:51:54AM they're going to do about it.
9:51:56AM But the resources are there.
9:51:57AM And you know, hopefully the will is there to do something
9:52:00AM about it.
9:52:00AM And I hope something done about it.
9:52:02AM >>CHARLIE MIRANDA: Thank you very much, sir.
9:52:04AM Next please?
9:52:04AM Good morning.
9:52:10AM My name Kevin Keene.
9:52:12AM I'm not homeless, but I play homeless on TV and I'm getting
9:52:18AM ready for the part.
9:52:19AM It's a joke.
9:52:20AM I just want to comment about items 91 and 86 and 90.
9:52:28AM And I just want to bring it to you all's attention that
9:52:33AM Tampa does not have a homeless problem.
9:52:36AM They have homeless people and they're not accommodating a
9:52:39AM few homeless people that they have because of politics.
9:52:42AM And can't address people for laying down in the park on
9:52:50AM Franklin, which was actually happening.
9:52:53AM You can't continue to stop people from feeding homeless
9:52:57AM people, like they do on Sundays over next to the Greyhound.
9:53:03AM The police sat out there Sunday and told them that they
9:53:06AM can't come back.
9:53:08AM And they had to find another place.
9:53:10AM But in the 80s, all the rich people moved out of the city
9:53:23AM limits, into the suburbs, got everybody to help them follow
9:53:28AM them to the suburbs.
9:53:29AM And then in 2000, late 90s, they transformed and moved
9:53:37AM back to the city.
9:53:38AM And now they don't want homeless people around them.
9:53:42AM And it's not fair.
9:53:45AM And somebody saying that they've been accosted.
9:53:50AM People out there, you know, promise you they are begging,
9:53:54AM but they're not stealing.
9:53:55AM They're not robbing.
9:53:57AM They're not killing.
9:53:58AM And freedom of speech is, you know, you could say whatever
9:54:03AM you want to say.
9:54:04AM But, I mean, it is what it is.
9:54:06AM But I just wanted to come and say what I had to say because
9:54:12AM nobody on this board or out of this audience is no better
9:54:19AM than a homeless person.
9:54:20AM In total darkness, we're all the same.
9:54:25AM And sometimes you're up.
9:54:28AM Sometimes you're down.
9:54:29AM You never either one forever.
9:54:32AM And it's people with Ph.D.s, Councilmembers that have
9:54:38AM fallen, and again, like the lady was saying, something needs
9:54:43AM to be done where homeless people can have a place to be
9:54:47AM during the day time so they won't have to hang out this
9:54:50AM front of the law building, on the grass or at the park.
9:54:56AM And again, I reiterate, Tampa does not have a homeless
9:55:01AM They have homeless people and they're just not accommodating
9:55:03AM the few homeless people that they have.
9:55:05AM >> You thank you.
9:55:06AM Ms. Montelione?
9:55:07AM >>LISA MONTELIONE: Kevin, thank you for coming.
9:55:09AM And being here, because you and I have spoken before.
9:55:12AM >> Yes, ma'am.
9:55:13AM >>LISA MONTELIONE: And I love what you said.
9:55:16AM You're absolutely right.
9:55:18AM >> Thank you.
9:55:19AM >>LISA MONTELIONE: Kevin, we don't have a homeless problem.
9:55:21AM We do have homeless people.
9:55:22AM And it's a community coming together and all of us in the
9:55:27AM community to solve this issue.
9:55:31AM And help every one of us to find ways to treat people with
9:55:40AM And the respect they deserve.
9:55:42AM So I just wanted to say that because we have had
9:55:45AM conversations about this before.
9:55:47AM And thank you for coming.
9:55:48AM >> Yes, ma'am.
9:55:48AM I just wanted to remind everybody --
9:55:50AM >>CHARLIE MIRANDA: Thank you.
9:55:51AM Next please?
9:55:53AM >> Because I don't rob, kill and steal.
9:55:55AM >>CHARLIE MIRANDA: Next please, sir?
9:56:00AM >> Good morning everyone.
9:56:01AM Joe Williams.
9:56:02AM Had a few things to say.
9:56:05AM You got people that sometimes, for example, we all victims,
9:56:10AM every one of us, no matter.
9:56:13AM Don't care what you have, what you drive, what you live in.
9:56:18AM Tampa generally hospital, even since then, garbage has been
9:56:21AM going on.
9:56:22AM I'll just call it that.
9:56:23AM Depravity, negativity.
9:56:27AM Somewhere there's a victim standing right there.
9:56:29AM Victim standing right here.
9:56:30AM You have a homeless person, even a person with a home who's
9:56:35AM in need because they can't afford everything.
9:56:39AM I might go, for example, you go to homeless recovery and
9:56:43AM apply for the voucher.
9:56:45AM You can't get a job because you got all these other going
9:56:48AM You want to try this, want to try that.
9:56:50AM But you can't somehow.
9:56:51AM Then when you're at a position where you really can't handle
9:56:54AM it by yourself because you can't do anything by yourself,
9:56:57AM the person then looks at you and calls you all types of
9:57:00AM detrimental things, like, oh, you want to go from this to
9:57:03AM this, all you want is a handout.
9:57:05AM I didn't come here for that.
9:57:07AM I didn't come here to your homeless recovery program for
9:57:10AM I needed help to go with what I'm trying to put in.
9:57:13AM Had to help me.
9:57:15AM And then even at times, the parks and sometimes you may sit
9:57:21AM Somebody says you can't sleep here.
9:57:22AM A person has been walking around doing whatever they
9:57:24AM possibly can to get where they possibly can.
9:57:28AM You pull up, say I can't sleep.
9:57:32AM Nobody can keep on going.
9:57:33AM There's another one.
9:57:36AM My grandmother lives in Carver City.
9:57:39AM They're building interstate, it's like from him to me, that
9:57:43AM big thing.
9:57:43AM What if -- I don't really mean this speaking of negativity.
9:57:48AM What if something comes off the interstate to my
9:57:50AM grandmother's house or yard.
9:57:52AM We could be out there having a picnic or something and
9:57:54AM kabam, there goes everybody.
9:57:56AM That just worries me.
9:57:57AM I worry about that.
9:57:58AM They bought two streets out of the neighborhood.
9:58:02AM Good old peoples' places.
9:58:04AM I don't understand that.
9:58:05AM But, back on the homeless people.
9:58:08AM It's not a homeless problem.
9:58:09AM There are homeless people and they are in need.
9:58:12AM And it would just really matter a lot if somebody can get up
9:58:16AM and do something to help us.
9:58:18AM Because one day what if -- if anybody else who was of
9:58:22AM ability as they are, was in the same position?
9:58:24AM It's not really fair at all.
9:58:28AM We go into certain buildings, or something like that and
9:58:30AM then you got this person, what's he doing?
9:58:33AM I'm going into the same place you're going to get what I
9:58:37AM I got what I have to buy what I need.
9:58:40AM So I'm short a little bit.
9:58:42AM Might ask you, could you help me?
9:58:44AM They call that panhandling.
9:58:45AM Now, some people do things with that money opposite of what
9:58:48AM they actually ask, you know, like for example, I need money
9:58:52AM to pay for this and then they see you around the corner
9:58:55AM doing the wrong thing with that money.
9:58:56AM That's where we get treated lousy.
9:58:59AM I understand that.
9:59:00AM But what about the innocent ones?
9:59:02AM Some people are so innocent, it's not fair to a lot of
9:59:06AM So for the victims, I just hope and pray for the best to
9:59:10AM come about.
9:59:10AM Because we are all victims.
9:59:12AM I got a lot of love for everybody.
9:59:13AM Have a good day.
9:59:14AM >>CHARLIE MIRANDA: Thank you very much, sir.
9:59:15AM Next please?
9:59:16AM Good day.
9:59:19AM My name is Thomas Rogers.
9:59:21AM My family is operated Rogers and billiard supplies at 1721
9:59:26AM North Franklin Street for, since the 30s.
9:59:29AM I've been down here, veteran of this conversation for near
9:59:33AM 25 years.
9:59:34AM And it's reached fever pitches at different times.
9:59:37AM This is probably for us in terms of just pure excrement and
9:59:42AM being accosted and harassed by some of the homeless.
9:59:47AM Certainly not all of them.
9:59:49AM This is the worst time has been the last few years.
9:59:52AM Of course, tied to the economic conditions.
9:59:54AM The problem that I have had and see is that it's
10:00:01AM Most of the people, business owners and property owners,
10:00:05AM area that you see, are not against the homeless.
10:00:07AM And it's only a certain percentage of them on different days
10:00:11AM that create a lot of problems.
10:00:12AM For the area.
10:00:14AM It's the concentration in that area.
10:00:16AM I feel and have felt for sometime the City of Tampa has had
10:00:22AM a line of did he March indication at the interstate, Scott
10:00:26AM When ordinances are considered for panhandling to protect
10:00:30AM the interests of Ybor City, or the downtown political area
10:00:36AM and buildings, you know, those things, those areas seem to
10:00:40AM be protected pretty well.
10:00:41AM But as the Salvation Army has cemented itself in the area,
10:00:47AM and offers bedding at night and the social services are
10:00:51AM allowed to come into one little area.
10:00:53AM It's almost like let's just keep it there.
10:00:56AM I would implore and beg City Council to any consideration
10:01:01AM that you would get to spread the wealth.
10:01:04AM Many of these people that, when this gets to a fever pitch
10:01:07AM and you get close to passing an ordinance that would help us
10:01:10AM in this area, the football players, the glitterati, if you
10:01:14AM will of Tampa will come here and I've been here with them.
10:01:17AM And we will get into Christian ethic and things of that -- I
10:01:21AM always have proposed to them that they would change their
10:01:26AM mind if the salvation moved in across the street, Salvation
10:01:28AM Army or any other service.
10:01:30AM Not just -- don't want to focus on them.
10:01:34AM That they would change their mind if the excrement was on
10:01:38AM their doorstep and their cars getting broken into and all
10:01:41AM We have borne this brunt or bear this brunt for decades now.
10:01:45AM So try to -- it's like a balloon.
10:01:50AM You squeeze it here.
10:01:51AM It pops out somewhere else.
10:01:52AM We'd love to seat pop out somewhere else.
10:01:55AM But it's allowed to be here where we are.
10:01:57AM And it's unfair.
10:01:58AM And it's a tough problem.
10:02:02AM So I'm not sure how you're going to fix it.
10:02:04AM Not even sure you can.
10:02:05AM But I find it interesting that fences keep going up.
10:02:11AM Bush Ross, beautiful building.
10:02:14AM Is that what we're faced with?
10:02:16AM Do we have to put a fence up around Bourquardez Park?
10:02:22AM Maybe so.
10:02:23AM I find it interesting the Salvation Army has a big fenced
10:02:26AM area behind their building.
10:02:27AM It's huge.
10:02:28AM And boy, you cannot find a homeless person back there.
10:02:31AM But at night, for $10 a night, maybe 30 or 40 people can get
10:02:35AM in a room.
10:02:36AM >>CHARLIE MIRANDA: Thank you very much, sir.
10:02:37AM I'm sorry.
10:02:38AM Ms. Mulhern?
10:02:42AM >>MARY MULHERN: Sir, I just wanted to ask you a question.
10:02:45AM These wealthy glitterati.
10:02:47AM If they would give us some money, we could build a place for
10:02:51AM these people.
10:02:52AM If you know any of them.
10:02:54AM Ask them.
10:02:55AM >> That's not the point.
10:02:56AM I want you guys to understand that.
10:02:57AM Don't get tied up in that.
10:02:59AM >> I understand.
10:03:00AM I understand.
10:03:01AM Appreciate it very much.
10:03:02AM Next please?
10:03:04AM Anyone else care to speak on this item who has not spoken
10:03:07AM Anyone care to speak on any item on the agenda who has not
10:03:11AM spoke, that is not set for public hearing, come up.
10:03:14AM Yes, sir?
10:03:15AM >> Hi.
10:03:16AM My name is Chris sloop.
10:03:17AM And I work at 202 east seventh avenue.
10:03:20AM We work very close with this gentleman here.
10:03:24AM We basically wanted to come and say that while we're not --
10:03:29AM how do I put it?
10:03:30AM We have been there since 2007.
10:03:32AM And we have seen the problem go up and down.
10:03:36AM And recently, it's gotten much better.
10:03:39AM And we're not against homeless people or people trying to
10:03:42AM get some help, or Salvation Army or anything of that nature.
10:03:45AM What we're against is them kind of destroying property.
10:03:52AM Urinating, defecating on our front literally our front step.
10:03:57AM So we're trying to run a business.
10:04:00AM We're trying to run an international business, with visitors
10:04:03AM in from all over the world.
10:04:05AM With visitors in from all over the country.
10:04:08AM And all we want to do is be given the same opportunity that
10:04:12AM everybody else, most people are afforded, to have a nice,
10:04:19AM presentable building and property that, that we can be proud
10:04:24AM When we invite our visitors here.
10:04:27AM We don't have to have gated property.
10:04:30AM People are not harassed when coming to our front door to
10:04:32AM conduct legitimate business.
10:04:34AM Again, we have heard a few people say that we don't have a
10:04:38AM homeless problem, we have homeless people.
10:04:40AM And I agree with that.
10:04:41AM These people are down on their luck and need a hand up and
10:04:44AM some help.
10:04:45AM But think it would go a long way if they would not destroy
10:04:50AM And not -- just not destroy property and not be a nuisance
10:04:57AM to visitors and things like that.
10:04:59AM And Tampa Police Department has done an excellent job
10:05:01AM helping us over the last six months, the last year.
10:05:05AM So they -- anyway, we just all want to say, we don't have a
10:05:09AM problem with the people.
10:05:10AM I understand they need help.
10:05:12AM But we do have a problem with the destruction of property.
10:05:16AM The bothering visitors, I mean, they're clearly here to
10:05:19AM conduct business and it's -- it is annoying and it's
10:05:25AM detrimental to our business.
10:05:27AM So, that's all I have to say.
10:05:28AM >>CHARLIE MIRANDA: Thank you very much.
10:05:29AM And I've gone over the 30 minutes.
10:05:32AM I apologize to all in the audience and the Councilmembers,
10:05:34AM but I'm going to finish this in about another six minutes.
10:05:37AM Yes, sir?
10:05:37AM >> My name is Troy Hartman and I'm homeless.
10:05:40AM I agree with the aggressive panhandling is not good.
10:05:45AM I do not chase money.
10:05:46AM I don't even ask people for money.
10:05:48AM I try to sit and actually look pathetic.
10:05:53AM Look like I need help.
10:05:54AM I don't drink.
10:05:56AM I don't do drugs.
10:05:57AM I do, you know, have problems.
10:06:03AM And the defecating and urinating in public, yeah, I agree,
10:06:09AM that's just absurd.
10:06:10AM All I can think of is give us an alternative.
10:06:16AM Give us somewhere where we can use the bathroom at 3:00 in
10:06:19AM the morning when we wake up and have to use the bathroom.
10:06:22AM Personally, I use shopping bags.
10:06:26AM So, I don't leave -- I'm not going to leave it anywhere.
10:06:31AM I'm going to throw it away.
10:06:32AM The aggressive panhandling, yes, it needs to be -- when a
10:06:38AM homeless person is reported, a description should be given
10:06:42AM of that homeless person.
10:06:43AM Go after that homeless person.
10:06:46AM Not all homeless people.
10:06:48AM Because I'm not -- I don't panhandling like any other
10:06:51AM homeless person I've ever met in the year I've been back in
10:06:54AM Tampa on the streets.
10:06:55AM I don't believe in that.
10:06:57AM I don't think -- fear is a powerful motivator but I don't
10:07:01AM want to use it.
10:07:02AM I look for sympathy.
10:07:03AM And I didn't really want to speak, but I did.
10:07:08AM Thank you all.
10:07:09AM >>CHARLIE MIRANDA: Thank you very much.
10:07:10AM Next please?
10:07:14AM >> Hi.
10:07:15AM My name is Chris Stepp.
10:07:16AM I'm here to talk about the homeless situation.
10:07:19AM And I just, I just wanted to giver my support to him and to
10:07:23AM everybody else that has spoken already.
10:07:26AM And just say this, like we can't punish them for going to
10:07:30AM their last option.
10:07:31AM Their only option.
10:07:34AM We can't punish people for being on the street when they
10:07:37AM have no other place to go.
10:07:38AM And yes, you don't want people urinating and defecating on
10:07:45AM your doorstep.
10:07:47AM But where else can they go?
10:07:49AM Give them somewhere else to go bathroom.
10:07:51AM That's like a human right, to be able to go bathroom.
10:07:54AM You can't just hold that.
10:07:56AM And you know, he puts it -- he does what he can to put it in
10:08:00AM a bag, like, there are people that are trying.
10:08:03AM Don't punish them for, for being down on their luck, for
10:08:09AM being in a situation that they can't get out of.
10:08:11AM And this isn't a homeless problem.
10:08:13AM The homeless people, but it is a community problem.
10:08:17AM It is all of our responsibilities.
10:08:18AM And it's not just your responsibility.
10:08:20AM We look to you because you are the leaders for our city.
10:08:23AM But like it's my, like it's mine to deal with and it's the
10:08:27AM business owners to deal with and it's the people on the
10:08:29AM street to deal with.
10:08:30AM It's a community problem for all of us to work together to
10:08:33AM do what we can to help out our fellow humans and help out
10:08:37AM our friends and people who we could be, like somebody could
10:08:42AM happen and we could be that person on the street.
10:08:44AM And I know, I don't want to live in a city where I have to
10:08:50AM fear something happening to me and me being on the street to
10:08:54AM have nowhere to go.
10:08:55AM To go to overflowing homeless shelter and have nowhere to go
10:08:59AM and be hated because notify where to go.
10:09:01AM Just wanted to give my support to them.
10:09:03AM Thank you.
10:09:04AM >>CHARLIE MIRANDA: Thank you.
10:09:05AM I'm going to cut it down to two minutes.
10:09:06AM Anyone else?
10:09:07AM Two minutes.
10:09:10AM >> My name is Daniel Ferrin.
10:09:12AM I did not expect to find myself here today.
10:09:14AM Nor did I ever expect to find myself out on the street.
10:09:17AM That being said, you know, there's a lot of money being
10:09:23AM spent on a lot of things.
10:09:24AM Education, especially for people like myself, it's all we
10:09:30AM can do out here.
10:09:31AM People like him.
10:09:32AM I don't know about you folks, but just trying to survive
10:09:36AM from day-to-day is a struggle.
10:09:39AM Just where you're going to eat, where you might use the
10:09:42AM restroom without being arrested.
10:09:43AM Your very existence -- creating laws, passing new bills to
10:09:50AM criminalize people for the same things that you all have to
10:09:54AM You all have to eat, you all have to sleep.
10:09:56AM We all have our crosses to bear.
10:09:58AM I know that there is a solution.
10:10:03AM But trying to criminalize somebody for being a human being,
10:10:07AM I don't believe that's it.
10:10:11AM You know, information is key.
10:10:13AM Again, I only just found out about this three days ago and I
10:10:18AM never thought I'd find myself here, not in a million years.
10:10:22AM I don't do well in public situations.
10:10:28AM But just like some homeless people, asked to be here.
10:10:34AM But I kind of felt like I was backed into a corner.
10:10:37AM I didn't ask to be here, but I was asked to show up.
10:10:40AM I didn't know I was going to be speaking today.
10:10:42AM Here I stand before you.
10:10:44AM I don't know what else to say other than that, you know,
10:10:52AM communication a little more one-on-one.
10:10:55AM Some of these people out here, they're not all bad people.
10:10:58AM Good people that's made some bad decisions maybe.
10:11:02AM I being one of them.
10:11:03AM But instead of passing bills and passing laws, how about
10:11:08AM offering solutions?
10:11:09AM A lot -- I say us, I mean, you know, people that have
10:11:14AM nowhere else to go, certainly would be more than willing to
10:11:19AM accommodate this homeless problem as you put it.
10:11:22AM If you would just give us --
10:11:25AM >>CHARLIE MIRANDA: Thank you very much, sir.
10:11:26AM One more speaker for two minutes.
10:11:27AM Anyone else?
10:11:28AM Two minutes.
10:11:29AM I see no one else.
10:11:30AM Thank you all very much.
10:11:31AM We go, request for consideration of any past legislative
10:11:36AM matters before this body last week.
10:11:38AM Anyone care to speak on any legislative matters passed by
10:11:43AM this body last week?
10:11:45AM I see none.
10:11:47AM All right.
10:11:49AM Committee reports.
10:11:50AM And agenda items 2 through 67.
10:11:56AM We go to ordinance presented for first readings, items two
10:11:59AM through five.
10:12:00AM Item number 2.
10:12:02AM Yes, ma'am?
10:12:06AM >>REBECCA KERT: I'm here on item number 2.
10:12:08AM When we were remembering the code recently, the section of
10:12:11AM the codes that list the parks that can, wherein you can
10:12:17AM request a permit to have temporary sales of alcoholic
10:12:20AM beverage, they parks you previously approved dropped off the
10:12:23AM This is just reinstating those three parks.
10:12:26AM >>CHARLIE MIRANDA: Anyone in the public, this is first
10:12:29AM Mr. Suarez, would you kindly take item number two?
10:12:35AM Ms. Capin?
10:12:36AM >>YVONNE CAPIN: Thank you.
10:12:37AM The reason I asked to take it, if you will, is because the
10:12:42AM economic impact of cultural assets, this is one of the items
10:12:45AM that we looked at when we looked at permitting for events.
10:12:49AM And I'm pleased that it has come to fruition.
10:12:53AM So I'm pleased to read this.
10:12:57AM An ordinance in the City of Tampa, Florida making revisions
10:13:00AM to the City of Tampa code of ordinances, chapter 14,
10:13:03AM offenses, amending section 14-150.1.3, possession,
10:13:10AM consumption on property operated or supervised by the parks
10:13:13AM and recreation department, temporary alcoholic beverage
10:13:16AM special use permits granted for public area, facility, or
10:13:20AM property operated or supervised by the parks and recreation
10:13:23AM department, repealing all ordinances or parts of ordinances
10:13:25AM in conflict therewith; providing for severability; providing
10:13:28AM an effective date.
10:13:38AM >> Second.
10:13:39AM >>CHARLIE MIRANDA: Have a motion by Mrs. Capin, second by
10:13:41AM Mr. Suarez.
10:13:42AM Further discussion by Councilmembers?
10:13:43AM All in favor of the motion, please indicate by saying aye.
10:13:45AM Opposed nay.
10:13:48AM >> Mr. Chairman, the second reading and adoption will be on
10:13:50AM July 18th, 2013 at 9:30 a.m.
10:13:53AM >>CHARLIE MIRANDA: Okay.
10:13:54AM Motion passed unanimously.
10:13:55AM First reading.
10:13:56AM Item number 3.
10:14:01AM >> Good morning, Council.
10:14:03AM Assistant city attorney, here on item three.
10:14:06AM It's an amendment making changes to chapter 19.
10:14:10AM Briefly, the changes to 19-4 are bringing in certain
10:14:15AM articles of chapter 22 and 25, which would allow the
10:14:19AM department of what we once knew as code enforcement, now
10:14:22AM neighborhood enhancement, the ability to help the
10:14:24AM transportation division enforce some of their codes.
10:14:27AM We're also making a few changes while we are there into the
10:14:32AM order to demolish and improve readability.
10:14:34AM And we're changing what was called the condemnation team to
10:14:38AM a demolition review team.
10:14:39AM We're expanding the architectural review and historic
10:14:48AM preservation manager backs part of that team in certain
10:14:51AM We're adding in houses over 50 years old, that he would be a
10:14:55AM part of that demolition review team to look that over.
10:14:57AM And also we're changing chapter -- I'm sorry, the order to
10:15:04AM vacate just to improve the readability.
10:15:06AM Here for any questions.
10:15:08AM >>CHARLIE MIRANDA: Ms. Mulhern?
10:15:09AM >>MARY MULHERN: Yes.
10:15:10AM I'm interested in the demolition review.
10:15:12AM Is this going to make it, give it a little more review
10:15:16AM before someone is given the permit to demolish?
10:15:21AM Is it making it easier to demolish or harder?
10:15:25AM I guess is my.
10:15:27AM >> I don't think it's making any change.
10:15:28AM We're changing the name of it, from condemnation team to
10:15:32AM demolition review team because it's really reviewing whether
10:15:35AM a structure should be demolished or not.
10:15:37AM So trying to change the name to be a little more accurate in
10:15:41AM what it does.
10:15:41AM But what substantively what it does, it also, if a house is
10:15:47AM over 50 years old and outside the historic districts, then
10:15:52AM Dennis Fernandez reviews those as part of this team.
10:15:55AM >>MARY MULHERN: So it does trigger some, for the older
10:15:58AM homes, historic homes.
10:15:59AM >> To be reviewed, yes.
10:16:02AM >>MARY MULHERN: Does it still -- what's triggers the review,
10:16:08AM demolition review?
10:16:09AM >> Well, the criteria --
10:16:12AM >>MARY MULHERN: Every time you apply to demolish, does
10:16:14AM everyone have to apply to demolish, say a home?
10:16:18AM They own the property?
10:16:19AM >> Right.
10:16:19AM I think we got permit, permits in order to demolish, which
10:16:24AM this isn't deal with.
10:16:25AM This is dealing with when the neighborhood enhancement
10:16:29AM director and the demolition review team see a structure they
10:16:35AM feel might need to be demolished, they get together, they
10:16:38AM look and they see if it meets the criteria.
10:16:40AM That criteria being whether the structure is posing a
10:16:43AM serious threat to the public health, safety or welfare.
10:16:46AM Or whether it's damaged, deteriorated or defective to such
10:16:50AM an extent that the cost of restoration repair will exceed
10:16:53AM 75% of the assessed building value.
10:16:56AM That's not changing.
10:16:57AM That is the way it has been.
10:16:59AM >>MARY MULHERN: This is staff-driven.
10:17:01AM When the staff is thinking, determining, deciding whether to
10:17:07AM condemn and demolish, this is the process that you're
10:17:12AM >> Correct.
10:17:13AM And the only thing, as you said, condemn, trying to remove
10:17:16AM that condemn part out of it.
10:17:18AM It's just determine whether it should be demolished or not.
10:17:20AM >>MARY MULHERN: Good.
10:17:21AM I'd like to see us do that with going beyond that, to add to
10:17:25AM the permitting process.
10:17:27AM I guess that's not your area.
10:17:30AM >>CHARLIE MIRANDA: Any other Councilmember?
10:17:31AM Mr. Reddick, would you kindly take number three please?
10:17:42AM >>FRANK REDDICK: Thank you, Mr. Chair.
10:17:43AM Move an ordinance being presented for first readings
10:17:46AM consideration, an ordinance of the City of Tampa, Florida,
10:17:48AM relating to an enforcement of the city codes, making
10:17:52AM revisions to the City of Tampa code of ordinances, chapter
10:17:54AM 19, property maintenance and structural standards, amending
10:17:57AM section 19-4, department of code enforcement, duties and
10:18:01AM scope of authority of the director, amending section 19-5,
10:18:06AM authority of the director; repealing all ordinances or parts
10:18:09AM of ordinances in conflict therewith; providing for
10:18:12AM severability; providing an effective date.
10:18:14AM >> Second.
10:18:14AM >>CHARLIE MIRANDA: Have a motion by Mr. Reddick, I have a
10:18:16AM second by Mr. Cohen.
10:18:17AM Further discussion by Councilmembers?
10:18:18AM All in favor of the motion, please indicate by saying aye.
10:18:20AM Opposed nay.
10:18:22AM The ayes have it unanimously.
10:18:24AM >>THE CLERK: Mr. Chair, the second reading and adoption will
10:18:25AM be held July 18th, 2013 at 9:30 a.m.
10:18:29AM >>CHARLIE MIRANDA: Thank you very much.
10:18:30AM Item number 3.
10:18:32AM That would be a substitute ordinance on this one.
10:18:35AM Yes, ma'am?
10:18:38AM >>CHARLIE MIRANDA: 4, excuse me.
10:18:40AM >>REBECCA KERT: Item 4 is some revisions to 23.5 of your
10:18:46AM As you know, anything in your code, it is to be, the penalty
10:18:51AM is include a civil citation, has to be expressly listed in
10:18:55AM Your staff had recommended adding a few additional ones,
10:19:00AM including tents, dangerous trees, swimming pools, newsrack,
10:19:05AM obstructing vision of drivers, trimming branches of trees
10:19:08AM and sight obstruction.
10:19:09AM Because of a timing issue, because you are hearing your
10:19:12AM noise ordinance today, I also added civil citation for noise
10:19:17AM in here.
10:19:17AM And because that is not until item 84, I'd ask that you hold
10:19:21AM this for first reading until item 84.
10:19:23AM Thank you.
10:19:26AM >>CHARLIE MIRANDA: All right.
10:19:26AM We will hold this item number 4 till we hear 84 in unison
10:19:32AM with it.
10:19:33AM Item number 5.
10:19:38AM >> Good morning.
10:19:40AM Mueller, assistant sit attorney much this item is ordinance
10:19:44AM to correct a scrivener's roar.
10:19:46AM Back error.
10:19:52AM 2013-67 was passed, incorrect references to article six.
10:19:56AM Needs to be changed to article two, administrative and
10:19:59AM general purposes.
10:20:01AM To correct a scriveners error.
10:20:04AM >>CHARLIE MIRANDA: Ms. Mulhern, would you kindly take item
10:20:06AM number five please?
10:20:07AM >>MARY MULHERN: Thank you, Mr. Chairman.
10:20:08AM I move an ordinance being presented for first reading
10:20:10AM consideration, an ordinance of the City of Tampa, Florida,
10:20:13AM amending ordinance nobody 2013-67 passed and ordained by the
10:20:19AM City Council of the City of Tampa on May 16, 2013 by
10:20:22AM correcting a scrivener's error in the body of the ordinance,
10:20:26AM replacing article VI with article II, repealing all
10:20:30AM ordinances or parts of ordinances in conflict therewith;
10:20:32AM providing for severability; providing an effective date.
10:20:35AM >>CHARLIE MIRANDA: Motion by Ms. Mum Hearn, second by
10:20:38AM Mr. Reddick.
10:20:38AM Further discussion?
10:20:39AM All in favor of the motion please indicate by saying aye.
10:20:41AM Opposed nay.
10:20:43AM The ayes have it unanimously.
10:20:44AM >>THE CLERK: Mr. Chairman, second reading and adoption will
10:20:46AM be held July 18th, 2013 at 9:30 a.m.
10:20:51AM >>CHARLIE MIRANDA: Okay.
10:20:51AM We go to our committee reports.
10:20:53AM First committee is public safety chair, Mr. Frank Reddick.
10:20:57AM >>FRANK REDDICK: Move items 6 through ten.
10:20:59AM >> Second.
10:20:59AM >>CHARLIE MIRANDA: Motion by Mr. Reddick, second by
10:21:01AM Mr. Cohen.
10:21:02AM Further discussion by Councilmembers?
10:21:03AM All in favor of the motion, please indicate by saying aye.
10:21:05AM Opposed nay.
10:21:07AM The ayes have it unanimously.
10:21:08AM Before I go to Ms. Mulhern, item 12 and 13, I have a
10:21:12AM memorandum for withdrawal by the department.
10:21:16AM >> Move to withdraw 12 and 13.
10:21:18AM >> Second.
10:21:19AM >>CHARLIE MIRANDA: Motion by Mr. Cohen.
10:21:20AM Second by Ms. Montelione.
10:21:21AM All in favor of the motion, please indicate by saying aye.
10:21:25AM The ayes have it unanimously.
10:21:25AM Ms. Mulhern, I'm sorry, parks, recreation, Ms. Mary Mulhern.
10:21:30AM >>MARY MULHERN: Thank you, Mr. Chairman.
10:21:31AM I move item 11 and items 14 through 23.
10:21:37AM >> Second.
10:21:37AM >>CHARLIE MIRANDA: Motion by Ms. Mulhern, second by
10:21:40AM Mrs. Montelione.
10:21:41AM All in favor of the motion, please indicate by saying aye.
10:21:43AM Opposed nay.
10:21:44AM The ayes have it unanimously.
10:21:49AM >>CHARLIE MIRANDA: Public works committee -- let me hold it,
10:21:51AM mind holding for Mr. Suarez or want to do it now?
10:21:54AM All right.
10:21:55AM Vice chair, public works committee, Ms. Mary Mulhern.
10:21:58AM >>MARY MULHERN: Thank you, I move items number 24 through
10:22:03AM >> Second.
10:22:03AM >>CHARLIE MIRANDA: Motion by Ms. Mulhern, second by
10:22:05AM Mr. Cohen.
10:22:06AM All in favor of the motion, please indicate by saying aye.
10:22:07AM Opposed nay.
10:22:09AM The ayes have it unanimously.
10:22:12AM >>CHARLIE MIRANDA: Finance committee chair, Mr. Than Harry
10:22:16AM >>HARRY COHEN: I move items 37 through 47.
10:22:20AM >>CHARLIE MIRANDA: Motion by Mr. Cohen, second bring
10:22:21AM Mr. Mulhern.
10:22:23AM All in favor of the motion please indicate by saying aye.
10:22:25AM Opposed nay.
10:22:26AM The ayes have it unanimously.
10:22:27AM >> Building, zoning and preservation committee chair,
10:22:30AM Ms. Montelione.
10:22:31AM >>LISA MONTELIONE: Thank you, Mr. Chair.
10:22:32AM I move items 48 through 62.
10:22:34AM >> Second.
10:22:35AM >>CHARLIE MIRANDA: Motion by Mrs. Montelione, second by
10:22:37AM Ms. Mulhern.
10:22:38AM All in favor of the motion -- item 62 has got to be read,
10:22:43AM I'm sorry.
10:22:47AM >>LISA MONTELIONE: Item 62, I want to put into the record
10:22:49AM that a public meeting will be held regarding a proposed
10:22:52AM brownfield area designation for property owned by Palmetto
10:22:56AM Tampa Columbus LLC, totaling approximately 1.7 acres,
10:23:00AM located at 3005 west Columbus Drive, Tampa, Florida.
10:23:06AM This public meeting will be held at the residence inn by
10:23:09AM Marriott Tampa Westshore airport, located at 4312 west Boy
10:23:15AM Scout Boulevard, Tampa, Florida, 33607 on July 12, 2013 at
10:23:23AM 6:00 p.m.
10:23:30AM >>CHARLIE MIRANDA: Motion by Ms. Montelione.
10:23:34AM The ayes have it unanimously.
10:23:37AM >>CHARLIE MIRANDA: Transportation committee chair,
10:23:40AM Ms. Yvonne Yolie Capin.
10:23:41AM >>YVONNE CAPIN: Thank you, Mr. Miranda.
10:23:42AM I move items 63 through 67.
10:23:47AM >> Second.
10:23:48AM >>CHARLIE MIRANDA: Motion by Mrs. Capin.
10:23:49AM Second by Mr. Cohen.
10:23:50AM All in favor of that motion, please indicate by saying aye.
10:23:52AM Opposed nay.
10:23:53AM The ayes have it unanimously.
10:23:53AM Need a motion for public hearing to be set on item 68
10:23:59AM through 71.
10:24:00AM >> So moved.
10:24:00AM >> Second.
10:24:01AM >>CHARLIE MIRANDA: Motion by Mr. Cohen.
10:24:02AM Second by Mr. Suarez.
10:24:03AM All in favor of that motion, please indicate by saying aye.
10:24:05AM Opposed nay.
10:24:07AM The ayes have it unanimously.
10:24:08AM All right.
10:24:10AM We go to, need to open public hearing on 72.
10:24:15AM And these are quasi-judicial proceedings.
10:24:21AM Anyone speaking, let me, since it's passed 9:30, I'd like
10:24:26AM the privilege of also opening 73 through 82.
10:24:29AM >> So moved.
10:24:30AM >> Second.
10:24:30AM >>CHARLIE MIRANDA: I have a motion for 72 through really
10:24:34AM 83 -- 82, excuse me.
10:24:37AM All in favor of that motion, please indicate by saying aye.
10:24:38AM Motion by Mr. Cohen, second by Ms. Montelione.
10:24:42AM All in favor of that motion again, please indicate by saying
10:24:43AM Opposed nay.
10:24:45AM The ayes have it unanimously.
10:24:45AM Public hearing is now open on items 72 through 82.
10:24:50AM Item number 72.
10:24:52AM Anyone is going to speak on any one of these items, 72
10:24:58AM through 82, you must be sworn in.
10:25:01AM So the clerk will swear you in now.
10:25:05AM [Oath administered by Clerk]
10:25:12AM >>CHARLIE MIRANDA: Okay, item number 72.
10:25:15AM These are second hearing proceedings.
10:25:19AM Petitioner here?
10:25:21AM Petitioner here on 72?
10:25:28AM Is the petitioner here?
10:25:29AM >> Yes, sir, the petitioner is here.
10:25:33AM >>CHARLIE MIRANDA: Yes, sir?
10:25:35AM >> I think the staff needs to make a presentation regarding
10:25:38AM this one first.
10:25:39AM >>CHARLIE MIRANDA: I hope they're here.
10:25:41AM >> He's just here.
10:25:44AM He told me we were late arriving.
10:25:48AM >>CHARLIE MIRANDA: Is it sooner or later?
10:25:50AM >> It's right now, sir.
10:25:52AM >>CHARLIE MIRANDA: I'm glad you said that, sir.
10:25:53AM Because he's here right now.
10:25:59AM >> V12-280, a continuance of a first reading.
10:26:29AM For that property address at 5210 North Florida Avenue.
10:26:35AM The recommendation of the review committee was find it
10:26:43AM The main reason for this one was for parking issue.
10:26:46AM You originally approved this for first reading for
10:26:53AM parking -- attempting --
10:26:57AM >> Mr. Chair?
10:26:57AM >> This is for second reading and adoption.
10:27:00AM >>CHARLIE MIRANDA: This is second reading and adoption.
10:27:01AM I believe you said first reading.
10:27:08AM >> They're back before you today, councilmen, because they
10:27:13AM were unable to obtain the parking requirements.
10:27:17AM They tried to get the parking, but based on some information
10:27:24AM I've given to you, the code was changed recently in
10:27:27AM And off-site parking is only eligible for permitted uses.
10:27:33AM Bars and loungings are no longer permitted uses, they're by
10:27:37AM special use two.
10:27:37AM So the applicant was unable to obtain outside parking.
10:27:41AM He has plans to show you for to develop a lot on adjacent,
10:27:46AM parking on adjacent lot.
10:27:48AM And he does have parking leases to show you.
10:27:51AM But because he's, it's not, bars and lounges are not a
10:27:56AM permitted use, they're not eligible to obtain off-site
10:28:02AM >>CHARLIE MIRANDA: Let me ask a question.
10:28:03AM If he owns the property, then he'd be entitled to that,
10:28:07AM I'm not talking about this case.
10:28:08AM In I case, if they had an outside lot they owned, they'd be
10:28:12AM permitted use.
10:28:13AM >> Yes.
10:28:13AM They could.
10:28:14AM >>CHARLIE MIRANDA: Thank you very much.
10:28:16AM >>CHARLIE MIRANDA: Yes, sir?
10:28:19AM >>HARRY COHEN: I'm a little bit confused about what's going
10:28:21AM on here exactly.
10:28:22AM This is a second reading.
10:28:24AM We had a very extensive discussion about this situation, I
10:28:28AM remember it.
10:28:28AM I remember the vote.
10:28:29AM What has changed and what is it you're asking us to do here?
10:28:34AM >> What changed, when they first came to you, the new code
10:28:37AM had not changed.
10:28:37AM The code changed as of December, 2012.
10:28:42AM When the code changed, the applicant was no longer able to
10:28:44AM obtain off site parking for a bar or lounge.
10:28:48AM That's no longer for design exception to obtain that
10:28:52AM So he's trying any and all other attempts to obtain that
10:28:56AM But we can't approve it by design exception.
10:28:59AM It's going to be before you ladies and gentlemen.
10:29:06AM >>CHARLIE MIRANDA: Ms. Capin?
10:29:08AM -- just a second.
10:29:12AM >>YVONNE CAPIN: I just understood what you said.
10:29:17AM I'm looking at the approval, it was approved on first
10:29:21AM reading October 18th of 2012.
10:29:24AM >> Yes, ma'am.
10:29:27AM >>YVONNE CAPIN: And in December, the code changed.
10:29:30AM >> Yes, ma'am.
10:29:33AM >>YVONNE CAPIN: Hmm.
10:29:34AM >> So we got stuck.
10:29:36AM And in this time, he was attempting to obtain design
10:29:39AM exception for parking.
10:29:40AM But by the time the code, by the time he was able to do
10:29:43AM that, the code had changed.
10:29:44AM We were no longer able to approve it.
10:29:47AM >>YVONNE CAPIN: Can I ask you, had the code not changed,
10:29:50AM would the design exception have been approved?
10:29:55AM >> Yes.
10:29:56AM >>YVONNE CAPIN: Possibly or yes.
10:29:58AM >> That's the zoning administrator makes that decision.
10:30:00AM >>YVONNE CAPIN: Possibly.
10:30:03AM Thank you.
10:30:06AM >>CHARLIE MIRANDA: Petitioner?
10:30:10AM >> Council, Steve Michelini.
10:30:13AM Let me try to clarify this as best I can.
10:30:15AM They had an approval for this location previously.
10:30:21AM And then they were in permitting for an extended period of
10:30:25AM At the same time, they were acquiring leases for off-site
10:30:28AM parking, which they have.
10:30:32AM And in the process of all of that, their alcoholic beverage
10:30:35AM zoning expired.
10:30:36AM And so then they had to refile and come back before you for
10:30:41AM the same location with basically the same conditions.
10:30:45AM However, they do have leases now in place that accommodate
10:30:48AM their facility.
10:30:51AM >>CHARLIE MIRANDA: This is the place on the west side of the
10:30:53AM street, am I correct?
10:30:54AM >> That's correct.
10:30:55AM >>CHARLIE MIRANDA: Let me just say this.
10:30:56AM And this is no reference to this case or any other case, but
10:31:01AM let's say you were sitting on this side.
10:31:03AM Continued from November 1st, continued from December 6th,
10:31:06AM continued from December 20th, continued from January 24th.
10:31:10AM Continued from February 22nd.
10:31:12AM Continued from March 1st.
10:31:13AM Continued from may 16th.
10:31:15AM What I'm trying to say, and it's not, not in your case, in
10:31:21AM all cases, if you don't have it nailed down, don't apply.
10:31:28AM In other words, again, if I'm the petitioner and I know that
10:31:33AM I have a problem in parking, and again, I'm not making
10:31:37AM reference to your case, don't apply till you have it nailed
10:31:42AM It saves you an enormous amount of money.
10:31:45AM It saves the city an enormous amount of money and staff time
10:31:50AM and Council time and TV time and the audience participation
10:31:56AM It's just not a prudent thing to do.
10:31:59AM And I'm actually asking, almost begging because my patience
10:32:06AM is wearing thin.
10:32:07AM And I have a lot of patience.
10:32:09AM When you get to be my age, patience is a virtue that goes
10:32:13AM along with you.
10:32:15AM What I'm trying to tell you is, don't apply until you have
10:32:20AM it a hundred percent -- whether it goes up or down, that's
10:32:24AM this body's decision.
10:32:25AM But to present something, you certainly don't plan, apply 0,
10:32:29AM to build a house and you go there, and you say I'm going to
10:32:32AM build a house but I don't have a plan.
10:32:34AM What I'm saying is to all of them, every one of you, please
10:32:38AM make sure when you come here, you have a complete plan,
10:32:43AM where we can address and discuss the thing in an orderly
10:32:46AM Ms. Montelione?
10:32:47AM >>LISA MONTELIONE: Thank you, sir.
10:32:48AM I agree with you, because you know, as a former planner in
10:32:55AM Hillsborough County, I can tell you there was nothing that
10:32:58AM frustrated staff more than to have people come in who
10:33:02AM weren't properly prepared.
10:33:03AM But I think that this, this particular location, this area
10:33:07AM of Seminole Heights is such a desirable location and such
10:33:12AM a -- it was in the newspaper, want to get the newspaper
10:33:19AM I believe it was in the times.
10:33:22AM An article about all of the establishments that are opening
10:33:25AM unin the area.
10:33:26AM So it is a very hot area.
10:33:27AM It's a very exciting area to be in and I think we have got
10:33:30AM some folks who are very anxious and entrepreneurs who maybe
10:33:37AM want to rush to get to be a part of that, that scene, if you
10:33:43AM And I think it's also a problem we ourselves have created
10:33:51AM because of our code.
10:33:53AM We have parking codes that are antiquated.
10:33:55AM Or at least in my opinion, antiquated.
10:33:59AM We have parking codes that address is more suburban
10:34:02AM community rather than an urban community.
10:34:04AM And we have got conflicting language within our code.
10:34:08AM So, you know, I don't want to put the blame entirely upon
10:34:14AM the applicant.
10:34:16AM I think that there's enough to go around here as far as the
10:34:20AM city is concerned.
10:34:22AM As you all know, we're in the midst of updating many of our
10:34:27AM So, we're realizing that our code system needs an overhaul
10:34:33AM and we're working through that.
10:34:35AM In the meantime while we are doing that, we have applicants
10:34:38AM who are caught in the middle, which is exactly what happened
10:34:40AM here, because we changed the code in December.
10:34:43AM My question, Mr. Shelby, is that since we did approve this
10:34:49AM on first reading in October, would -- it maybe, you may have
10:34:58AM answered the question.
10:34:59AM Would it be because the permit application expired and they
10:35:01AM had to reapply?
10:35:03AM Or are we permitted to use the codes that were in effect in
10:35:09AM October since that's when we initially approved this
10:35:15AM >>MARTIN SHELBY: Well, the issue you have before you now, it
10:35:17AM appears that the site plan that you have in front of you is
10:35:21AM dated 6-20 of 12 and the question would be, has the site
10:35:27AM plan changed between first and second reading?
10:35:31AM >> No.
10:35:33AM >>MARTIN SHELBY: The question then revision sheet attached
10:35:36AM dated June 20th, 2013.
10:35:38AM Does it have to be then revisions on the site plan pursuant
10:35:43AM to this revision sheet?
10:35:46AM >> Could I see -- I haven't seen the revision sheet.
10:35:55AM >> Ultimately the question would be, when was the last time
10:35:58AM the public was noticed as to what is changing between, I
10:36:07AM believe October 2012 and today.
10:36:13AM >> We noticed last month.
10:36:16AM >> Can I address the parking?
10:36:19AM >>CHARLIE MIRANDA: Let's have some answers.
10:36:20AM Side bar -- this should've been done a long time ago.
10:36:24AM >> If this is approved, then we have to make these changes
10:36:27AM on the site plan.
10:36:30AM >> And if you have to make the changes on the site plan, it
10:36:33AM is inappropriate to have this as second reading and
10:36:36AM This would -- pardon me?
10:36:39AM >> I believe that we're now at first reading because we have
10:36:42AM to make the changes that are being reflected on the revision
10:36:46AM >> And it appears staff has made the determination that the
10:36:49AM code, because of the circumstances, the code, the new code
10:36:53AM And that's why they're before you today under the code as
10:36:57AM you presently have it, with this revision sheet.
10:36:59AM So sounds like what you have today in effect is a first
10:37:03AM >>CHARLIE MIRANDA: It was opened up, this hearing was opened
10:37:06AM up as a second reading.
10:37:07AM So we're going to have -- if this is the pleasure, we're
10:37:10AM going to have to change it back to first reading.
10:37:14AM >> Yes, sir, I believe that because these changes they're
10:37:16AM asking for, the revisions, have to go back to first reading.
10:37:19AM I guess what we'd ask they apply the rules under the October
10:37:23AM rules as opposed to the December rules.
10:37:27AM When we make those revisions.
10:37:30AM >> Mr. Chairman, I'm sorry, but I'm also concerned the
10:37:34AM petitioner has stated he hasn't even seen the revision
10:37:37AM >> I've seen it now.
10:37:38AM I see what's on here.
10:37:40AM >>MARTIN SHELBY: You do in.
10:37:41AM >> Yes, sir.
10:37:41AM >>CHARLIE MIRANDA: I got Ms. Capin and Mr. Suarez, in that
10:37:44AM order right now.
10:37:45AM Ms. Capin?
10:37:47AM >>YVONNE CAPIN: Yes.
10:37:47AM I remember this, I remember this very well.
10:37:49AM And I remember the, Ms. Montelione voting no.
10:37:53AM And we have a very lengthy discussion on the -- and I looked
10:37:58AM at the site plan on the proposed wood deck, which is
10:38:04AM We had a very lengthy discussion and you had agreed to
10:38:10AM change on the site plan, the outdoor amplification.
10:38:16AM And the hours.
10:38:18AM And it's not there.
10:38:19AM It isn't there.
10:38:21AM But if this is a first reading, then it's -- we start all
10:38:28AM >> No --
10:38:31AM >>CHARLIE MIRANDA: Excuse me, you're going to have to speak
10:38:32AM to the mic.
10:38:34AM >> The hours were 10:30 to amplified.
10:38:37AM >>CHARLIE MIRANDA: I need your name.
10:38:39AM >> Paul Medrano.
10:38:40AM >> Mr. Medrano, thank you.
10:38:43AM I remember that.
10:38:44AM I just didn't remember the hour.
10:38:46AM But it isn't on the site plan, so that would have to be
10:38:49AM added if you still agree that that's what you want to do.
10:38:53AM >> It's the pleasure of the Council, we would agree to make
10:38:55AM the revisions cited by the staff.
10:38:58AM And include in that the outside deck amplification to end at
10:39:01AM 10:30 p.m.
10:39:02AM >>CHARLIE MIRANDA: I have Mr. Suarez.
10:39:04AM >>MIKE SUAREZ: Thank you, chair.
10:39:05AM You know, if I could ask staff and these guys to maybe go
10:39:09AM back, I would make a suggestion that they come up, back to
10:39:11AM us request what the ruling is because we have a --
10:39:15AM petitioner who is asking us to go back to rules from last
10:39:19AM Is that legal?
10:39:20AM What is going on here?
10:39:21AM So that we have a clarity of what the next steps are.
10:39:25AM Because it's wrong on the agenda.
10:39:27AM Our clerk did not know about it obviously because she had to
10:39:29AM set it up for second reading and adoption.
10:39:32AM So we need to figure this out beforehand.
10:39:34AM So if we can get somebody from legal, from planning and from
10:39:37AM the petitioner, maybe to go in the other room, find out what
10:39:40AM it is.
10:39:41AM And let's solve this problem before we go forward.
10:39:44AM Because I don't want to have to come back again because we
10:39:46AM did not do something that was correct.
10:39:48AM Chair, I would like to make that suggestion, if that's okay.
10:39:51AM >>CHARLIE MIRANDA: Legal department?
10:39:52AM Mr. Shelby?
10:39:55AM >>MARTIN SHELBY: Mr. Chairman, I believe if we could just
10:39:57AM hold this and have an opportunity to speak with the party
10:40:00AM and legal and land development, I believe it can be taken
10:40:03AM We can move forward on it.
10:40:04AM But I ask that you hold it and proceed on to the other and
10:40:07AM we'll come back to it shortly.
10:40:09AM >>CHARLIE MIRANDA: I'm not opposed to that.
10:40:11AM Ms. Montelione, and then we'll have Ms. Kert.
10:40:15AM >>LISA MONTELIONE: I was going to suggest that maybe we can
10:40:17AM put this off until a little bit later on.
10:40:20AM When -- well, I'm sorry, I was trying to clarify something
10:40:24AM with my aide about this.
10:40:26AM Because I had him pull my notes from the meeting we had back
10:40:31AM in October when this was approved.
10:40:34AM And clarify -- I remember that my vote of no I believe as
10:40:42AM you were leaving the room that night, if I recall correctly,
10:40:45AM I apologized and wanted to clarify why I voted no and the
10:40:49AM reason I voted no was because of the outdoor amplified music
10:40:54AM being restricted and the hours being restricted because I
10:40:56AM didn't feel that was appropriate and I didn't agree with the
10:41:00AM conditions that my fellow Councilmembers were placing on you
10:41:04AM as the owner-operator of the establishment.
10:41:07AM So it was not that I voted no because I don't like the
10:41:14AM >>CHARLIE MIRANDA: Listen --
10:41:17AM >> Let us go back to staff and come back shortly.
10:41:20AM >>CHARLIE MIRANDA: I have a motion by Mr. Suarez, I have a
10:41:21AM second by Mr. Reddick to have them discuss this on the
10:41:24AM outside, come back at a later today and put it back on first
10:41:29AM I want to make sure I'm correct because I don't carry notes.
10:41:32AM This is the one that you tried to lease the property or buy
10:41:35AM the property north of you that belongs to the department of
10:41:37AM transportation, am I correct in.
10:41:39AM >> Correct.
10:41:39AM >>CHARLIE MIRANDA: I'm in the right track.
10:41:41AM Thank you.
10:41:41AM All right.
10:41:42AM We'll bring it back.
10:41:43AM We'll hold this along with item number 4 that we're holding.
10:41:48AM >> You wish to vote on your motion?
10:41:50AM >>CHARLIE MIRANDA: All in favor of that motion to hold,
10:41:52AM please indicate by saying aye.
10:41:53AM Opposed nay.
10:41:54AM The ayes have it unanimously.
10:41:54AM Okay, we go to items number 73.
10:42:00AM This is a second reading ordinance.
10:42:05AM >> Good morning, Council, Abbye Feeley, Land Development
10:42:08AM Item 73, 74, 76, 77, 79, 80, 81 and 82 all require certified
10:42:21AM site plans, that's eight cases.
10:42:23AM Those have been provided to the clerk and I do have those
10:42:26AM available if you have any questions.
10:42:27AM Thank you.
10:42:28AM >>CHARLIE MIRANDA: Thank you very much.
10:42:28AM All right.
10:42:29AM Item number 72.
10:42:30AM Petitioner here?
10:42:33AM >> 73.
10:42:35AM >>CHARLIE MIRANDA: 73.
10:42:35AM I'm sorry.
10:42:37AM 72 is the score I made in history.
10:42:41AM [ Laughter ]
10:42:42AM It was the highest score in the class.
10:42:45AM Item number 73?
10:42:47AM Petitioner's not here?
10:42:57AM >> I don't see the petitioner.
10:43:08AM >>CHARLIE MIRANDA: City?
10:43:10AM >> This is application on Chipco for special use for a
10:43:14AM I don't see the applicant here this morning.
10:43:15AM >>CHARLIE MIRANDA: We'll continue with the hearing.
10:43:17AM Let's proceed.
10:43:18AM Anyone in the audience care to speak on item 73?
10:43:20AM Please come forward.
10:43:23AM >> Move to close.
10:43:24AM >> Motion to close by Mr. Cohen.
10:43:26AM Second by Mr. Suarez.
10:43:27AM All in favor of the motion, please indicate by saying aye.
10:43:28AM Opposed nay.
10:43:30AM The ayes have it unanimously.
10:43:30AM Mr. Cohen, would you kindly take number.
10:43:36AM >> Move an ordinance being presented for second reading and
10:43:38AM adoption, ordinance approving a special use permit S-2
10:43:41AM approving a place of religious assembly and a residential
10:43:44AM multi-family RM-16 zoning district in the general vicinity
10:43:48AM of 2613, 2615, 2619 and 2621 Chipco Street and 3420 north
10:43:55AM 28th street, in the City of Tampa, Florida and as more
10:43:59AM particularly described in section one hoof, providing an
10:44:04AM effective date.
10:44:05AM >>CHARLIE MIRANDA: This is a roll call vote.
10:44:08AM Motion by Mr. Cohen.
10:44:09AM Second by Mr. Suarez.
10:44:10AM Roll call vote, vote and record.
10:44:20AM >>THE CLERK: Motion carried with Mulhern being absent.
10:44:24AM >>CHARLIE MIRANDA: All right.
10:44:24AM Item number 74.
10:44:30AM For second reading and adoption.
10:44:32AM Is petitioner here on 74?
10:44:37AM >> Michael Horner, 14502 Dale Mabry Highway.
10:44:40AM Representing the applicant.
10:44:42AM >>CHARLIE MIRANDA: Thank you very much.
10:44:42AM Any questions for Councilmembers?
10:44:44AM Anyone in the audience care to speak on 74.
10:44:46AM >> Motion to close by Mr. Capin.
10:44:49AM Second by Mr. Cohen.
10:44:50AM All in favor of the motion, please indicate by saying aye.
10:44:52AM The ayes have it unanimously.
10:44:52AM Ms. Montelione, would you kindly take number 74 please?
10:44:57AM >>LISA MONTELIONE: Certainly, sir.
10:44:58AM Thank you, Mr. Cohen.
10:45:04AM An ordinance approving a special use permit S-2 approving
10:45:09AM parking off street commercial and RS-50 residential
10:45:14AM single-family zoning district in the general vicinity of
10:45:17AM 4104 north Florida every in the City of Tampa as more
10:45:20AM particularly described in section one providing an effective
10:45:23AM >>CHARLIE MIRANDA: Motion by Ms. Montelione, second by
10:45:25AM Mr. Suarez.
10:45:25AM This is a roll call vote.
10:45:26AM Vote and record on 74.
10:45:31AM >>THE CLERK: Motion carries, Mulhern being absent.
10:45:40AM >>CHARLIE MIRANDA: Item number 75.
10:45:45AM >>ABBYE FEELEY: Item number 75 is special use for alcoholic
10:45:49AM It is certified and has been provided to the clerk.
10:45:52AM >>CHARLIE MIRANDA: Thank you very much.
10:45:53AM Petitioner here?
10:45:58AM >> Good morning, Council.
10:45:59AM My name is Joseph Diaz, 1907 West Kennedy Boulevard, here on
10:46:04AM behalf of the petitioner.
10:46:06AM Here to answer any questions.
10:46:07AM >>CHARLIE MIRANDA: Any questions by Councilmembers in anyone
10:46:09AM in the audience care to speak on item 75?
10:46:12AM >> Move to close --
10:46:19AM >>CHARLIE MIRANDA: Please come forward.
10:46:26AM >> Good morning.
10:46:31AM I'm Paula Stahel, 308 South Albany Avenue.
10:46:36AM I have been sworn.
10:46:37AM The petitioner has been a very supportive member of the
10:46:43AM Courier City Oscawana neighborhood association.
10:46:47AM Everyone back in the day when the commercial entities were
10:46:51AM separated from the homeowners.
10:46:53AM It is my understanding that at the first reading, the
10:47:03AM petitioner's representative announced that the Courier City
10:47:07AM Oscawana neighborhood association had no problem with this
10:47:10AM moving forward.
10:47:11AM I want to clarify that that's inaccurate.
10:47:16AM Our otherwise attentive association president may have
10:47:21AM received notice of this.
10:47:23AM If he did, he did not either distribute it to the members of
10:47:27AM the association, nor did he call for discussion and a
10:47:32AM consensus that we could present to the Council.
10:47:35AM Therefore, I am not standing here speaking on behalf of the
10:47:39AM association, but as an individual.
10:47:44AM We have had some issues with Yard of Ale in the past, which
10:47:48AM is located at this property address.
10:47:50AM Several of us feel that this maneuver is an end run around
10:47:57AM the normal policy required for full liquor.
10:48:03AM Also, the hours of operation is an issue for many of us in
10:48:08AM the neighborhood.
10:48:09AM I learned at a very early age that everybody else does it
10:48:13AM didn't cut it with my parents.
10:48:14AM And my son learned it from me, that just because everybody
10:48:18AM else does it doesn't mean that it needs to be approved.
10:48:23AM At the may 23rd meeting, the evening meeting, specialty
10:48:33AM points were made to the Council and Council was very
10:48:38AM interested in changing the end time for granting alcohol
10:48:43AM beverage permits and hours of operation until midnight.
10:48:47AM That hours of operations could be extended to 3:00 a.m. with
10:48:52AM special permits.
10:48:53AM Council was very interested in seeing how this could happen.
10:48:58AM Now, to extend hours of operation for an entity until
10:49:05AM 3:00 a.m. when Council's looking at closing hours of
10:49:09AM operation at midnight without special permitting, seems to
10:49:12AM be counter intuitive.
10:49:14AM Noise in our neighborhood is excessive, particularly on
10:49:21AM weekend nights.
10:49:22AM We get to sleep during the summer weekends because the
10:49:27AM University of Tampa is closed.
10:49:29AM More and more foot traffic later and later into the early
10:49:35AM hour morning, early morning hours is very disruptive to the
10:49:42AM I am not in favor of seeing this supported and I just want
10:49:46AM to be on record that none of us in the association had any
10:49:50AM opportunity to discuss and present a consensus to you.
10:49:53AM Thank you.
10:49:54AM >>CHARLIE MIRANDA: Thank you very much.
10:49:55AM Anyone else in the audience care to speak on item number 75?
10:49:59AM Petitioner, you have rebuttal time, five minutes.
10:50:05AM >> Mr. Chairman, when we were here before you, that same
10:50:08AM time there were other applicants within the area and had a
10:50:12AM strong opposition.
10:50:13AM When it came to us, everybody had left.
10:50:17AM I represented to Council very accurately, and I believe if
10:50:20AM Officer Miller is here, he can confirm this.
10:50:23AM I met with Officer Miller and met with Timothy Glisson, who
10:50:29AM is Oscawana.
10:50:30AM I met with John Jones at the site.
10:50:33AM Everybody expressed that they had no objections whatsoever.
10:50:38AM If Mr. Glisson notified or didn't notify his homeowners
10:50:44AM association, I don't know.
10:50:45AM But you're certainly welcome to confront it with Officer
10:50:48AM Miller that he was very adamant that they were not opposed
10:50:53AM to our application.
10:50:55AM As we stated before, we are already, are authorized to sell
10:51:03AM alcoholic beverages.
10:51:04AM What we were seeking was an extension of the hours of
10:51:09AM If you recall, 20 establishments up and down Howard Avenue.
10:51:14AM 16 of them can stay open till 3:00 in the morning.
10:51:17AM Four of them cannot.
10:51:19AM And we're one of the four.
10:51:21AM And we didn't believe that we were going to contribute any,
10:51:26AM anything to what's already occurring there.
10:51:29AM It was unanimously approved by Council at our first hearing
10:51:33AM and we are here for the second.
10:51:35AM And we would once again ask you to please approve this
10:51:40AM >>CHARLIE MIRANDA: Thank you very much, sir.
10:51:41AM All right.
10:51:42AM Any discussion by Councilmembers?
10:51:47AM Motion to close by Mr. Reddick.
10:51:49AM Second by Ms. Montelione on 75.
10:51:51AM All in favor of the motion to close, please indicate by
10:51:52AM saying aye.
10:51:53AM Opposed nay.
10:51:54AM The ayes have it unanimously.
10:51:55AM Mr. Suarez, will you kindly take 75, please?
10:51:59AM >>MIKE SUAREZ: Thank you, Chair.
10:52:00AM I present ordinance for second reading and adoption, an
10:52:02AM ordinance approving a special use permit, S-2 for alcoholic
10:52:05AM beverage sales, small venue, on preemptions only and making
10:52:09AM lawful the sale of beverages regardless of alcoholic content
10:52:13AM regardless of alcoholic content - beer, wine and liquor - on
10:52:14AM that certain lot, plot or tract of land located at 406 South
10:52:17AM Howard Avenue, Tampa, Florida, as more particularly
10:52:20AM described in section 2; that all ordinances or parts of
10:52:24AM ordinances in conflict are repealed; providing an effective
10:52:27AM >>CHARLIE MIRANDA: Motion by Mr. Suarez, I have a second by
10:52:29AM Mr. Reddick.
10:52:30AM This is a roll call vote.
10:52:32AM Vote and record.
10:52:44AM >> Madam Clerk, the screens are not on our screen.
10:52:49AM >>THE CLERK: Motion carries unanimously.
10:52:54AM >>CHARLIE MIRANDA: Thank you very much.
10:52:55AM Item number 76.
10:52:58AM >> Mr. Chairman, could we go back to 72 very quickly?
10:53:02AM >>CHARLIE MIRANDA: All right, sir.
10:53:03AM 72, very quickly.
10:53:05AM >> The consensus of the legal department, the party and the
10:53:08AM city staff is that, to continue this hearing.
10:53:13AM Simply because the site plans need to be brought into
10:53:15AM conformance with the motions that were made.
10:53:18AM And we'll come back to you with a corrected site plan when
10:53:22AM our last requested continuance.
10:53:24AM >>CHARLIE MIRANDA: I think that's a very wise move, sir.
10:53:27AM >> Move to continue --
10:53:29AM >> Might ask the clerk when?
10:53:32AM >>CHARLIE MIRANDA: Let me ask the staff.
10:53:33AM When can everything be ironed out?
10:53:36AM The clerk wouldn't -- she would know a lot, but I think
10:53:39AM you're more qualified at this time.
10:53:42AM >> I think two weeks is fine.
10:53:46AM >>CHARLIE MIRANDA: If we do it in two weeks, will be no one
10:53:49AM >> Probably the next hearing after you get back as opposed
10:53:52AM to your first hearing back.
10:53:53AM >> August 1st.
10:53:54AM >>CHARLIE MIRANDA: August 1st, sir?
10:53:56AM That satisfy everyone?
10:53:57AM Anyone in the audience, any -- any objections to this
10:54:02AM hearing being moved from today to August 1st?
10:54:06AM I see no one.
10:54:07AM That motion was made, Mr. Cohen, you made that motion,
10:54:13AM August 1st.
10:54:14AM Who seconded?
10:54:15AM >> 10:30 a.m.
10:54:18AM >>CHARLIE MIRANDA: Reddick made the motion.
10:54:19AM I have three hearings going at once.
10:54:21AM Reddick made the motion, a second by Ms. Montelione on to
10:54:25AM 8172 going to August 1st at 10:30 in the morning.
10:54:31AM >> Or did you want this at 9:30?
10:54:34AM Still considered a second read.
10:54:36AM >>CHARLIE MIRANDA: We'll make it -- I need a friendly
10:54:39AM amendment at 9:30 so we can comply.
10:54:42AM >> Second.
10:54:42AM >>CHARLIE MIRANDA: I have a motion for the friendly
10:54:44AM amendment by Ms. Mulhern, second by Mr. Suarez.
10:54:48AM We accept the amendment, Mr. Reddick?
10:54:50AM >>FRANK REDDICK: Yes.
10:54:51AM >>CHARLIE MIRANDA: Motion request friendly amendment by
10:54:53AM Mr. Reddick, second by Ms. Montelione.
10:54:55AM On item number 72 to be held August 1st at 9:30 in the
10:55:00AM Please signify by saying aye.
10:55:02AM Opposed nay.
10:55:03AM The ayes have it unanimously.
10:55:04AM >> Thanks, Council.
10:55:07AM >>CHARLIE MIRANDA: Okay.
10:55:08AM We go to item number 76.
10:55:10AM Petitioner here on 76?
10:55:16AM >> Truett Gardner, North Ashley Street.
10:55:19AM Just wanted to let you know all the revisions to the site
10:55:22AM plan were made as well as the five additional conditions
10:55:24AM that were agreed to to attempt to satisfy the neighbors.
10:55:30AM >>CHARLIE MIRANDA: Okay.
10:55:30AM This is a public hearing.
10:55:33AM Anyone in the audience care to speak on item number 76?
10:55:36AM Yes, ma'am?
10:55:39AM >> My name is Geraldine Mongiovi, 2717 West Osborne.
10:55:44AM Mr. Gardner's requesting an amendment of the PD development,
10:55:48AM but we still have ongoing code violations of the original PD
10:55:51AM development, which we are unable to get enforced, so we have
10:55:55AM great concerns regarding the new PD development.
10:55:58AM We have called code enforcement as you suggested at the last
10:56:03AM hearing on 18-6-21 to report the violations.
10:56:06AM So they will go inspect the property after July 4th.
10:56:09AM They have to witness the actual violations themselves.
10:56:12AM And if in violation, then they send a letter requesting
10:56:16AM So basically they will do nothing because they're not going
10:56:18AM to see -- they're not going to be there the precise time of
10:56:22AM a delivery vehicle entering or exiting or the people.
10:56:26AM So, originally, the gated egress was only for sanitation.
10:56:30AM But in concert with Mr. Gardner, we did agree to the
10:56:34AM stipulations which are fine with us still.
10:56:37AM But, I ask that an additional clause be inserted and that
10:56:43AM would be that if there are any violations to the agreed-to
10:56:46AM stipulations of the gated access, it will be permanently
10:56:52AM Now, it shouldn't be a problem if they don't plan to violate
10:56:56AM the PD development.
10:56:57AM We also request that they install the bollards at this time
10:57:03AM and also the keypad entry.
10:57:05AM Because right now it was supposed to be keypad entry or
10:57:10AM transformer, whatever.
10:57:11AM But, the problem is that they're still using it, it's just a
10:57:17AM sensor that people can go in and out of.
10:57:20AM And we can't get it resolved.
10:57:21AM So from here to when they actually do this PD development,
10:57:25AM it could be two years, who knows how long these developments
10:57:27AM take to develop?
10:57:30AM And the other concern is, there's a 60-by-28-foot area that
10:57:35AM would be left with a 14 area landscaped area, which is fine
10:57:39AM for now.
10:57:39AM But in the future, when Mr. Gardner's no longer on the case
10:57:43AM and the Council is all different, what is going to prevent
10:57:46AM them from removing the landscaping or removing the bollards
10:57:51AM to have access?
10:57:53AM Because it's much easier for the people.
10:57:55AM That's why I would like some kind of teeth in the PD
10:57:59AM development so that if they do violate it, the gate will be
10:58:03AM shut because originally it was only for sanitation.
10:58:05AM And now it's going to be for the physicians to enter and
10:58:09AM exit, everyone though there's only two.
10:58:12AM >>CHARLIE MIRANDA: Thank you.
10:58:13AM Ms. Capin?
10:58:15AM >>YVONNE CAPIN: Yes.
10:58:15AM On the sanitation, it's still used.
10:58:19AM Is that the ingress egress for sanitation now?
10:58:22AM Or not?
10:58:23AM Excuse me.
10:58:28AM >> The way the 2003 site plan read, you can use it for
10:58:34AM What we're proposing now is, sanitation will go away.
10:58:38AM So from a practical standpoint, I think we solve her problem
10:58:41AM in that only two parking spaces will be available.
10:58:45AM And I think that's -- this showed, is currently now, if you
10:58:51AM recall, parking access off of Habana, circulate around and
10:58:56AM out on Osborne, as well as solid waste.
10:58:58AM With this proposal, which they're planning to do
10:59:01AM immediately, the medical office building will be expanded
10:59:04AM here, so that access will be shut down.
10:59:07AM So from a practical standpoint, I think it resolves her
10:59:11AM The other issue she mentioned was the 14 feet, which is the
10:59:16AM setback area.
10:59:17AM And what they're afraid of is that somebody will come in and
10:59:20AM put a drive aisle here.
10:59:22AM But, I've tried to explain that that's the setback area,
10:59:25AM that's the buffer area, a driveway will not be permitted
10:59:28AM They could not get permits to do that.
10:59:30AM And by no means is that intent or desire of my client to do.
10:59:35AM So, I think both from a practical standpoint as well as a
10:59:39AM procedural standpoint, what we agreed to before resolves
10:59:42AM these concerns.
10:59:43AM And so we'd ask that this go forward today.
10:59:49AM >>YVONNE CAPIN: Thank you.
10:59:49AM >>CHARLIE MIRANDA: Any other Councilmember?
10:59:52AM Anyone else in the audience care to speak on 76?
10:59:56AM I see none.
11:00:01AM >>CHARLIE MIRANDA: Have a motion to close by Mr. Reddick.
11:00:03AM Second by Mr. Cohen on 76.
11:00:05AM Before we close, let plea say this.