TAMPA CITY COUNCIL
Thursday, August 22, 2013
9:00 a.m. Session
This file represents an unedited version of realtime
captioning which should neither be relied upon for complete
accuracy nor used as a verbatim transcript.
The original of this file was produced in all capital
letters and any variation thereto may be a result of third
party edits and software compatibility issues.
Any person who needs a verbatim transcript of the
proceedings may need to hire a court reporter.
09:07:09 >> Chairman Charlie Miranda: Tampa City Council is called
09:07:10 to order.
09:07:11 The chair yields to chairman Frank Reddick.
09:07:13 >> Thank you, Mr. Chair.
09:07:16 It's an honor to have with us today Jeffrey Darrey,
09:07:23 Marketing Associates USA, and also he's with Trinity Cafe to
09:07:36 lead us in the invocation and pledge of allegiance.
09:07:39 >>> Heavenly father, we thank you for this day, and we thank
09:07:42 you for the blessings in our lives.
09:07:45 We thank you for the opportunities to be together today and
09:07:50 to be able to publicly pray, to be in a country where we are
09:07:54 allowed to do this.
09:07:56 We ask that you bless these council members and ask that you
09:08:06 give them the wisdom, the knowledge, the strength, and the
09:08:09 desire in all of their decisions that they mach today to do
09:08:14 your will.
09:08:21 We understand that we live in a community, in Tampa Bay,
09:08:24 that has the opportunity to be a beacon in these United
09:08:31 States and to be an image of leadership, and that we not
09:08:42 take this lightly but rather than we exercise the authority
09:08:46 that we have, the authority that the council has to be in an
09:08:53 image and an expression of leadership.
09:09:01 We ask that you bless the council, that you bless our mayor,
09:09:06 that you bless the residents of the City of Tampa, and that
09:09:10 every decision that we make throughout this day be one that
09:09:15 will honor and glorify you.
09:09:18 [ Pledge of Allegiance ]
09:09:34 >> Roll call.
09:09:40 >>MIKE SUAREZ: Here.
09:09:44 >>FRANK REDDICK: Here.
09:09:48 >>HARRY COHEN: Here.
09:09:49 >>LISA MONTELIONE: Here.
09:09:50 >>CHARLIE MIRANDA: Here.
09:09:54 >>CHARLIE MIRANDA: Need a motion to adopt the minutes of the
09:09:57 meeting of August 1st.
09:09:59 Motion by Mr. Suarez, second by Mr. Cohen.
09:10:01 All in favor of the motion?
09:10:03 The ayes have it unanimously.
09:10:05 We go to the approval agenda and the addendum.
09:10:24 >>THE CLERK: (off microphone)
09:10:26 On the August 1st, 2013 regular season, waive council
09:10:32 rules 3-B-2 order of business to hear staff reports
09:10:35 including items running over a million dollars, immediately
09:10:38 following the public comment section, and request for
09:10:43 reconsideration of legislative matters.
09:10:46 This requires a super majority vote of five or more members
09:10:50 of council.
09:10:52 Also, per the request of city attorney Julia Mandell, item
09:10:57 76 and 77 will need to be reconsidered before item 70.
09:11:02 And lastly, request by chair Miranda to move public hearings
09:11:07 for second reading ordinances item 78 through 93 to the
09:11:13 afternoon session at 1:30 p.m.
09:11:16 >> At this time, I guess I need a motion to waive the rules
09:11:23 so that could be heard today.
09:11:28 Motion by Mr. Cohen.
09:11:29 Second by Mr. Suarez.
09:11:30 All in favor of that motion?
09:11:34 Motion passes unanimously.
09:11:35 Thank you very much, council members.
09:11:36 >>MARTIN SHELBY: And a motion to approve the agenda and
09:11:45 >>CHARLIE MIRANDA: I need a motion to approve the agenda and
09:11:48 the items of the addenda, also.
09:11:51 Motion by Mr. Suarez.
09:11:52 Seconded by Mrs. Montelione.
09:11:54 All in favor?
09:11:55 The ayes have it unanimously.
09:11:58 All right.
09:11:58 Now we are going to go to public comments, for none in the
09:12:01 audience, items on the agenda first.
09:12:03 I need items on the agenda.
09:12:05 Please come forward.
09:12:07 And then items off the agenda.
09:12:09 >> Pete Johnson, 510 Harrison street.
09:12:16 I read the audit on code enforcement or neighborhood
09:12:24 empowerment, I guess it's called now.
09:12:28 I was really, really surprised that our departments don't
09:12:31 really enforce their own rules and regulations or follow the
09:12:36 code as they should.
09:12:38 And I started thinking after all these years, why don't
09:12:43 Well, to be honest, I think it's the process of how it's
09:12:50 But secondarily, I think it also has to do with management
09:12:53 and also how it has to do with the administration over the
09:12:56 years not funding this department.
09:13:00 I will always speak on funding this department because it's
09:13:04 so important to the city, the quality of life for all
09:13:08 neighborhoods, as well as our financial well-being as a
09:13:13 Property values go up because codes are respected.
09:13:20 Then the budget goes up.
09:13:21 It's a no brainer.
09:13:23 I have been asked this now for 20-some years.
09:13:26 I appreciate the council again interest on improving this
09:13:31 and I will always be back about code.
09:13:34 Thank you again.
09:13:36 >>CHARLIE MIRANDA: Thank you very much, sir.
09:13:37 Appreciate it.
09:13:38 Next, please.
09:13:39 >> Good morning, council members.
09:13:42 My name is Connie Johnson.
09:13:44 I own property at 2422 Emma, 2222 Cayuga, 2404 Chelsea, 4618
09:13:54 37th street, 3714 Ellicott. I'm here concerning agenda
09:14:02 item 53.
09:14:04 I have been trying to purchase two pieces of property from
09:14:08 the City of Tampa since you owned it back in the mid
09:14:14 It's now 2013.
09:14:18 There's a lot of red tape.
09:14:20 I'm in the process of hopefully finally purchasing the
09:14:26 I have the care of my now 91-year-old dad who I was told
09:14:29 several years ago that he could be moved in with me and not
09:14:34 to move him out into the community.
09:14:36 And I have been trying to do that.
09:14:37 His property is one street over from my property, and I just
09:14:43 ask that you would expedite quickly me purchasing this
09:14:50 As a result the city has lost tax dollars.
09:14:53 I live in East Tampa.
09:14:55 I didn't understand all the parts there but I just ask your
09:14:59 kindness to approve this.
09:15:02 I have done a title search.
09:15:03 I have done all due diligence on my part to secure the
09:15:07 And I just ask that you all pass it where I can go ahead and
09:15:11 purchase it.
09:15:13 >>CHARLIE MIRANDA: Thank you very much.
09:15:13 Let me just explain the process.
09:15:15 If this passes today, which it more likely will, that will
09:15:19 be signed by myself today, and then more or less by the
09:15:21 mayor no later than tomorrow.
09:15:23 So that's the process.
09:15:24 >> All right.
09:15:26 It's taken like ten years.
09:15:30 >>CHARLIE MIRANDA: I wasn't there all those years.
09:15:34 Next, please.
09:15:35 >> Morris Massey, 101 East Kennedy Boulevard, Tampa,
09:15:42 Florida, here on item 102, staff report on the electron you
09:15:45 can soon issues coming before council this morning.
09:15:48 I'm here this morning on behalf of Hillsborough Community
09:15:51 The college, as you a may be aware, is the main entrance to
09:15:57 the Dale Mabry campus on Dale Mabry Highway.
09:15:59 The Dale Mabry campus is the largest campus in the college
09:16:03 One of the reasons they erected a sign at the location is
09:16:06 they have a multiple of services and events and they thought
09:16:10 an electronic sign would be a good way to get the message
09:16:13 out to the variety of events and services being provided on
09:16:15 the campus.
09:16:17 The code currently requires for on-site electronic sign with
09:16:22 a message to stay in place for a minimum of five minutes.
09:16:25 And we would ask -- we realize the reason this issue is
09:16:29 coming before council, looking at the standards relative to
09:16:32 placement, location of signs, especially as it impacts
09:16:35 But we would also ask you to look at that issue and look at
09:16:37 the electronic sign issue.
09:16:39 The five minutes is longer than virtually any other
09:16:42 jurisdiction that we are aware of, has in effect
09:16:48 Hillsborough County is six second, the same for
09:16:50 St. Petersburg, Jacksonville is eight second, federal
09:16:53 highway has a memo that came out that recommends between
09:16:56 four and ten seconds for duration of electronic signs, with
09:17:00 a one to four second turnover.
09:17:04 I also want to point out in your own code for electronic
09:17:07 billboards allows that message to change every ten seconds
09:17:11 on FAP and FAI highways and 15 second on nonFAP and FAI
09:17:18 And it's also created a bit of an enforcement issue which I
09:17:22 think you all are aware of because code enforcement officers
09:17:25 enforce this issue differently.
09:17:29 Some are very diligent about counting the five minutes.
09:17:31 In some parts of the city five minutes is what's happening
09:17:33 but in other parts of the city is not what's happening.
09:17:36 So we would ask that you look at this issue as the
09:17:39 electronic sign process.
09:17:42 >>CHARLIE MIRANDA: Thank you very much.
09:17:44 Anyone else, items on the agenda?
09:17:45 >> My name is pastor Frank Williams, 1112 east Scott street.
09:17:55 Coming down here pretty regular trying to get my papers
09:18:16 I'm located 712 east Scott street in Central Park where you
09:18:19 all are doing the redevelopment and trying to squeeze me
09:18:25 And you all don't want to hear what I have to say.
09:18:31 There were negative articles in the paper about my church
09:18:34 and my museum, which was full of lies, and I didn't
09:18:39 appreciate that.
09:18:39 And when I come down here to City Council, I look for
09:18:42 justification, but there is none for black people like this.
09:18:46 You all consider me to be a black man so I guess there's
09:18:49 none for black people.
09:18:53 And my position is this here.
09:18:54 I want to know, is Governor Scott came here he needs to.
09:19:05 You all represents black people and Mexicans, and I'm saying
09:19:09 that because it's the truth.
09:19:11 You all know I got a church in Central Park.
09:19:14 And I preach truth.
09:19:18 And the church is a spiritual endeavor.
09:19:20 You all try to run the church on a human endeavor, and it's
09:19:25 a spiritual endeavor.
09:19:27 We get our guidance from the Holy Spirit.
09:19:29 You all don't know that because some of you might not go to
09:19:32 But since I'm a pastor, I have to preach the truth.
09:19:36 And why are you all trying to black ball the church?
09:19:39 I think you all should have where I can bring my
09:19:44 parishioners down here so you can call that black Thursday
09:19:49 and so they can speak up for themselves.
09:19:51 I went to the school board.
09:19:53 I went to City Council.
09:19:54 I went to code enforcement.
09:19:55 And they got a fence around my church.
09:19:58 I told you all quite a bit of times about it.
09:20:02 None of you made no effort to come there to have that fence
09:20:06 Now why?
09:20:07 Basically because you don't care.
09:20:10 I know what you are saying in your minds.
09:20:12 That ain't nothing but another black man.
09:20:15 Let me tell you something.
09:20:16 The government is supposed to be controlled by the people.
09:20:20 When people tell me, oh, you can't fight City Hall.
09:20:24 I ain't trying to fight City Hall.
09:20:25 I'm fighting the people that run City Hall.
09:20:28 And if they run in the a concrete way, you won't see me down
09:20:31 here no more.
09:20:34 This what I am going you is a response of what they put in
09:20:37 the sentinel but I got another flyer for you all that I
09:20:41 would like to give you next week and you all make sure you
09:20:44 put that on the agenda.
09:20:45 Black Thursday.
09:20:47 Paradise Missionary Baptist Church.
09:20:49 Thank you.
09:20:50 >>CHARLIE MIRANDA: Thank you very much, Pastor Williams.
09:20:52 Next, please, any items on the agenda.
09:20:54 Any items off the agenda?
09:20:56 Ladies first.
09:20:57 She's been here longer.
09:20:59 >> Good morning.
09:21:06 My name is Gina Evans with the Hillsborough County Aviation
09:21:09 Beginning on September 23rd, our main runway at Tampa
09:21:12 International Airport will be closed for maintenance.
09:21:15 During this time, our neighbors to the south and some to the
09:21:18 north will notice an increase in the aircraft noise as
09:21:21 planes will be flying over the area in different patterns.
09:21:24 This will last about a month with the normal flight pattern,
09:21:28 October 23rd except during the hours of 1 to 8 a.m.
09:21:31 During the second time period the aircraft noise will be
09:21:34 minimal as traffic is mainly departures that will
09:21:37 immediately be able to turn towards their normal flight
09:21:40 Construction will be completely finished in mid November.
09:21:43 The purpose of this project is to increase the longevity of
09:21:46 our runways.
09:21:47 This will be the first major rehabilitation to our runways
09:21:50 since 1997.
09:21:51 We appreciate the surrounding neighborhoods' patience as we
09:21:56 make these necessary improvements.
09:21:58 >>CHARLIE MIRANDA: Appreciate it very much and thank you for
09:21:59 the good work you are doing.
09:22:05 Next please.
09:22:05 >> I'm Ed, Ed Tillou from Sulphur Springs.
09:22:19 Just a few miscellaneous items I'm trying to wrap up because
09:22:22 I will be leaving here.
09:22:24 I have been delayed about a month.
09:22:26 Something came up that will keep me for an additional month,
09:22:28 but one of the things I wanted to mention with respect to
09:22:32 food festivals.
09:22:34 Well, before I get to that, let me put this here, because I
09:22:37 think I wanted to have this once and I couldn't find it.
09:22:40 This thing called the east-west pipeline is why a lot of
09:22:45 people aren't taking seriously what admiral Collin said just
09:22:51 a few weeks before he was killed and it carries 4 and a half
09:22:55 billion barrels a day of fuel.
09:22:58 But if Iran closes the straits of Hormuz they can keep this
09:23:09 close line so keep them running through something like that.
09:23:13 Okay, that said, regarding vegetables, I went to a meeting
09:23:21 that's advertised downstairs, and is supposedly on the
09:23:25 13th, and I went all the way down, came downtown, went
09:23:28 all the way over to the Museum of Art, and nobody was there.
09:23:34 The woman at the desk asked me what I was going to and I
09:23:39 told her and she said no, that's not here, that's yesterday.
09:23:43 No, that was posted that day.
09:23:45 I was all the way out there in the heat, and no meetings.
09:23:54 Now, I'm thinking basically went to North Carolina, a snow
09:24:00 bird to Jacksonville which has location, location, location.
09:24:04 And it actually has a better climate than Tampa.
09:24:10 I told people that lived here 50 years, very different than
09:24:14 the past and I have been here 30 years and I have seen it
09:24:18 even over 30 years.
09:24:19 So you are doing the things that will make it worse.
09:24:24 You rubber stamp -- over in college park you can get
09:24:32 sandwiches without buying gas because it was just a store in
09:24:35 a shopping mall.
09:24:37 So, anyway, you have got to start thinking differently.
09:24:40 You have got to start thinking in terms of climatic change.
09:24:44 Regarding food festivals, this one I can take to
09:24:47 (Bell sounds)
09:24:49 Because they have actually -- they have more than here.
09:24:53 Now Coca-Cola is going to be planting orange trees but
09:24:57 that's over in Polk County.
09:25:00 Which probably would be an improvement.
09:25:03 The other thing is Malda.
09:25:06 And that really should be associated with Ybor City.
09:25:09 And Malda is very valuable because it --
09:25:21 (Bell sounds).
09:25:23 >>CHARLIE MIRANDA: Thank you very much.
09:25:23 If you don't like it here, move to Jacksonville.
09:25:25 It's much better.
09:25:26 >> No, no.
09:25:28 >>CHARLIE MIRANDA: But I don't believe it is.
09:25:29 So I'm staying here.
09:25:34 Thank you very much.
09:25:35 I'm staying here.
09:25:36 I love Tampa.
09:25:37 Thank you.
09:25:37 I'm not talking to you, sir.
09:25:39 I'm talking to the audience.
09:25:41 It's wonderful.
09:25:42 You got downtown and Westshore, two nice places.
09:25:45 Jacksonville has neither.
09:25:48 Oh, my heavens.
09:25:49 Here we go again.
09:25:51 Anyone else?
09:25:57 Anyone else?
09:25:58 Please come forward.
09:25:58 >> I'm Terry Copia, 4217 Culbreath Avenue.
09:26:15 I'm here today because I don't know any other way to get
09:26:20 things done in the city.
09:26:22 I've written to the council people individually, and as a
09:26:27 group about problems that I have had at my house, and with
09:26:31 the construction services department, and nothing has been
09:26:37 No one calls me back.
09:26:39 Thom Snelling has been to my house two or three times.
09:26:42 So has John Barrios.
09:26:46 And they funnel brought it before the review board for
09:26:49 Hillsborough and ordered the people to put plumbing in, to
09:26:56 make repairs, but then they never did anything.
09:26:58 And I'm living in a house that should be condemned.
09:27:03 In fact, people come by and cite me for having trash sitting
09:27:10 around that contractors have left there.
09:27:14 And then I have to pay somebody else to come and pick it up.
09:27:18 But meanwhile the floor has been open.
09:27:23 I have three children who now have lead in their blood
09:27:28 because this 1926 house without any barriers up, and Bob
09:27:38 McDonaugh told me, no, they don't do that, they aren't
09:27:41 allowed to.
09:27:42 And they do it all the time.
09:27:43 They tear down houses in the neighborhood without putting
09:27:47 any barriers up.
09:27:49 And I just would like to know, what is the remedy for
09:27:53 getting any attention to issues that occur?
09:27:58 I pull permits.
09:28:00 I got contracts with people.
09:28:02 And everyone's answer is, it's a civil problem.
09:28:06 But, meanwhile, the contractors are working for the school
09:28:12 board, they are working for the city, they are working for
09:28:14 the county, and, you know, it's not worth it to any lawyer
09:28:17 to take them to court for $20,000.
09:28:22 And I write to my council person and nothing happens.
09:28:28 No one even calls me back most of the time.
09:28:32 I mean, there's at least three people sitting there that
09:28:35 have not responded to me, or their assistant has responded
09:28:42 and it went nowhere.
09:28:45 >>CHARLIE MIRANDA: Well, let me just say this.
09:28:50 The conversation was that no one has seen you and you
09:28:52 mentioned three individuals that went to your house, Mr.
09:28:55 Barrios, and two others.
09:28:56 I forget the two others.
09:28:59 >> Thom Snelling.
09:29:01 >>CHARLIE MIRANDA: Thom Snelling and Bob McDonaugh.
09:29:05 >> No, Bob McDonaugh never went to my house.
09:29:08 >>CHARLIE MIRANDA: But he spoke to you.
09:29:10 And what is the problem?
09:29:12 You mentioned 1926.
09:29:13 I don't know.
09:29:14 >> Well, they do things that they are not supposed to do.
09:29:18 The contractors do things that they are not supposed to do.
09:29:20 And when I call to complain, they stop working, or they just
09:29:25 abandon the job, and they are allowed to do that.
09:29:29 They are allowed to abandon a job.
09:29:31 >>CHARLIE MIRANDA: I would assume -- I'm not a contractor,
09:29:33 but I would assume they have a bond.
09:29:35 I'm making that assumption.
09:29:37 I would assume that you hired a contractor that's licensed
09:29:40 by the municipality.
09:29:43 I'm assuming those things.
09:29:44 I mean, so is it a civil matter?
09:29:48 I'm not an attorney.
09:29:49 But I think it is.
09:29:51 You mentioned individuals from the area that have a
09:29:55 contractual ability to judge these individuals, and they
09:29:58 have been to your home.
09:29:59 I don't know what all that conversation was.
09:30:02 None of us are privy to that.
09:30:04 So I don't know exactly what you want us to do.
09:30:06 >> I just want to know what I'm supposed to do as a citizen
09:30:12 of Tampa when I see that somebody is operating with a
09:30:17 license, doing something that's a danger, not just to me and
09:30:21 my children, but to other people.
09:30:23 >>CHARLIE MIRANDA: What's the danger?
09:30:25 Mrs. Montelione?
09:30:26 >>LISA MONTELIONE: I'm sorry, ma'am.
09:30:29 The work that's being done, is this at your house?
09:30:32 >> Yes.
09:30:33 >>LISA MONTELIONE: There's something called the license
09:30:35 review board.
09:30:36 If there's a contract, it was a licensed contractor who is
09:30:40 violating their license, and the rules that govern their
09:30:46 license, they can be brought before the licensing review
09:30:50 >> That happened, finally.
09:30:51 >>LISA MONTELIONE: Okay.
09:30:58 To make certain repairs.
09:31:00 >> And they poured a concrete beam that was 12 feet long
09:31:04 without any rebar.
09:31:05 It was not even engineered.
09:31:08 And they were ordered to make it engineered and inspected.
09:31:12 They never came and inspected it.
09:31:14 They just signed off on it.
09:31:16 >>LISA MONTELIONE: Takes chair mentioned, something that is
09:31:19 occurring at your house would be a civil matter between you
09:31:21 and the contractor, and the only suggestion I could make is
09:31:26 to hire an attorney, and bay area legal services which some
09:31:30 of our council members have experience with, can represent
09:31:33 people who can't afford an attorney.
09:31:35 >> I can afford an attorney.
09:31:37 My husband is a physician.
09:31:39 I mean, I'm living in another house.
09:31:43 My children have had to move out and I'm staying there
09:31:45 trying to get this taken care of.
09:31:48 >>CHARLIE MIRANDA: Let me make a suggestion if I may.
09:31:51 I would like you to go see our legal department, and --
09:31:56 >> Julie wrote aler recommending that the contractor get
09:32:00 their license back, because he tried to make repairs, and I
09:32:03 wouldn't let him, because he brought one person there that
09:32:06 wasn't licensed.
09:32:09 >>CHARLIE MIRANDA: I don't know all that.
09:32:10 You are making the statement.
09:32:11 I assume it's true and factual.
09:32:13 But my advice is to seek the legal remedies that you have
09:32:17 I'm asking you to go see our legal department, and you don't
09:32:20 want to do that.
09:32:21 >> I do want to do it but nothing happened.
09:32:23 No one responds to my letters and phone calls.
09:32:28 I have written numerous letters to you showing an open
09:32:34 gaping hole that's on my second floor that my children walk
09:32:37 past every time they come over, and it was never closed, and
09:32:42 the construction services department allowed it to be
09:32:48 And I called for an inspection for plumbing or wiring.
09:32:54 >>CHARLIE MIRANDA: What you are telling us is that when they
09:32:55 inspected your home, you had a gaping hole in the
09:32:58 second-story floor.
09:33:00 >> And I still do.
09:33:02 >>CHARLIE MIRANDA: And they passed the inspection because
09:33:04 they didn't see the hole?
09:33:05 How big was the hole?
09:33:06 >> It was two feet by ten feet.
09:33:10 And there was a bathtub -- actually there were two holes.
09:33:13 One had a cast iron bathtub above your head in the living
09:33:19 room, held up by a furring strip and they passed the
09:33:24 inspection because the plumbing looked okay.
09:33:30 >>CHARLIE MIRANDA: Well, I'm trying to find out in my mind
09:33:34 real quickly, you said you can afford an attorney.
09:33:37 You mentioned that already.
09:33:38 Maybe -- I'm just telling you what I would do.
09:33:41 I would sue the contractor and the city.
09:33:45 Is what you are saying is 100 factual, sue the city and sue
09:33:50 your contractor.
09:33:51 I'm being very up front with you.
09:33:54 >> Thank you.
09:33:59 >>CHARLIE MIRANDA: Next please.
09:34:16 >> Charles Arthur.
09:34:31 I'm 61 and I'll be 62.
09:34:36 Can you see that?
09:34:39 >>CHARLIE MIRANDA: Yes, sir.
09:34:39 >> Okay.
09:34:40 Now, there was a building by the city jail, and it was up
09:34:53 there, and me and another guy went in the building, and the
09:35:04 black man come around, and didn't see a living soul.
09:35:23 And the man had -- and
09:35:31 And he had pieces in his mouth.
09:35:46 And then
09:35:59 Jesus said two fish, and that mean male and female fish.
09:36:57 But I want the hospital to retain myself from the lawyer
09:37:12 that my eye where I go blind in one of my eyes, and --
09:37:25 (Bell sounds).
09:37:26 >>CHARLIE MIRANDA: Thank you very much, sir.
09:37:27 Thank you.
09:37:27 Thank you.
09:37:28 Thank you very much, sir.
09:37:29 I appreciate it very much.
09:37:40 I don't follow the whole thing.
09:37:41 I'll be honest with you.
09:37:42 >> You don't?
09:37:43 >>CHARLIE MIRANDA: No, sir.
09:37:43 But thanks very much for coming.
09:37:46 Thanks very much, sir.
09:37:47 Next, please.
09:37:47 >> Okay.
09:38:00 >>CHARLIE MIRANDA: Anyone else in the audience?
09:38:02 Three minutes from the public.
09:38:05 That has not spoken.
09:38:07 >> My name is Raul Corona, president of MAR Supply, a local
09:38:27 small enterprise in the City of Tampa.
09:38:31 Today, you have a proposal to renew a large contract with
09:38:37 Kimmins contracting of which in the original contract I was
09:38:41 a supplier under the small business goals.
09:38:50 In the renewal they excluded me, and moved $2 million to
09:38:57 another company.
09:38:58 This came as a surprise to me because I got no
09:39:02 And --
09:39:07 >>MIKE SUAREZ: Just hold on a second.
09:39:11 This, I believe, is a legal matter.
09:39:13 I'm not sure it being brought up on public comment is the
09:39:17 right process to proceed with this.
09:39:19 He has a dispute with Kimmins in relation to the awarding of
09:39:26 the contract has nothing to do with our relationship with
09:39:31 Kimmins' decision to go ahead and talk to the other
09:39:36 So that's a legal matter, I believe, between him and Kimmins
09:39:39 and not between us and him.
09:39:41 >>CHARLIE MIRANDA: I agree with that.
09:39:42 I was going say the same thing, sir.
09:39:44 >> Can I ask?
09:39:46 >>CHARLIE MIRANDA: If it's a legal matter and there's going
09:39:47 to be a court action -- I assume that's what you want.
09:39:49 >> Not a legal matter --
09:39:53 >>CHARLIE MIRANDA: What is it you want me to do?
09:39:55 >> I want you to listen to me, sir.
09:39:57 >>CHARLIE MIRANDA: I'm listening to you.
09:39:58 >> The contract renewal according to the terms, out should
09:40:01 be renewing the original terms and conditions.
09:40:03 I'm a part of that.
09:40:05 And the changing my company is separate and apart from that.
09:40:09 The other thing is that the souring of the relationship
09:40:15 between my company and Kimmins comes from my asking for
09:40:18 payment on past due payments.
09:40:21 I'm a small company.
09:40:23 3 to $500,000.
09:40:26 In this contract Kimmins put me over half million dollars in
09:40:31 receivables, 150,000 in over 90 days --
09:40:37 >>MIKE SUAREZ: Mr. Chair, I apologize.
09:40:41 Sir, this is a legal matter between you and Kimmins.
09:40:43 If they have not paid you -- excuse me -- as the chair has
09:40:46 said previously on another matter, that just came before us,
09:40:50 if you have a legal matter with Kimmins, I would suggest
09:40:52 that you discuss it with Kimmins.
09:40:54 The award of the contract is to Kimmins and they have to pay
09:40:58 you -- and I'm sure you are familiar with it because you are
09:41:01 an experienced subcontractor.
09:41:04 We award the contract to Kimmins.
09:41:06 They are responsible for the moneys paid to you.
09:41:09 We are not responsible for -- excuse me -- we have already
09:41:13 awarded the contract.
09:41:15 Their responsibility is that.
09:41:16 If you have found that through a legal action you cannot get
09:41:19 paid, that is between you and Kimmins.
09:41:22 >> I have filed a legal action.
09:41:25 I want to express something to you.
09:41:27 I came to the city for help in interpreting the contract,
09:41:31 the original contract with the city.
09:41:33 The original contract through the city said they should be
09:41:36 paying me 30 days.
09:41:39 >>CHARLIE MIRANDA: Then you should have filed a lawsuit at
09:41:40 that time.
09:41:40 >> Well, I went to the city to help me understand if that's
09:41:47 how the process works.
09:41:49 And their response to me, what are you going to do?
09:41:53 Stand there and wait to see when they put it in the ground?
09:41:55 And I said, no, I'm going to go by when they certify on the
09:42:02 pay application.
09:42:03 And according to that I should have been paid.
09:42:05 I'm not paid.
09:42:06 I'm past due.
09:42:07 That may be something between me and Kimmins but they are
09:42:09 relying on this contract that is the meatball of the whole
09:42:17 I think we are all in it together.
09:42:18 But the city to mock my position after leading me down this
09:42:24 path, it's just wrong.
09:42:28 >>CHARLIE MIRANDA: I don't know who you talked to in the
09:42:30 We don't know who you talked to in the city.
09:42:33 This is a legal matter.
09:42:35 And if you continue to work -- this is just you came to me
09:42:40 and talked to me -- I'm talking to you now one on one.
09:42:44 If I had a contract and was supposed to be paid within 30
09:42:46 days and I wasn't and I continued to work, shame on me.
09:42:52 You should have filed your grief then, you should have gone
09:42:54 through the proper document because that contract signed by
09:42:58 you and Kimmins -- I don't know what you and Kimmins signed.
09:43:01 All I know is the city had a contract bid, it went out and
09:43:04 was certified as the best available for all the taxpayers.
09:43:06 We did that.
09:43:07 And evidently I assume -- and I'm making another
09:43:10 assumption -- that we paid on time to Kimmins or to whatever
09:43:14 That dispute between my payment and your payment being
09:43:17 received has nothing to do with our payment paying them.
09:43:20 We paid them, I assume.
09:43:23 I hope we are not late and that's not why they aren't paying
09:43:27 I'm just saying I how much that's it.
09:43:29 So you are here now to tell us about your grief with another
09:43:32 company, is like me getting a divorce from my wife when it
09:43:36 hasn't nothing to do with City Council, getting divorced.
09:43:39 >> If I may, the City Council renewal -- they are in default
09:43:42 to me, and they are trying to roll it over by changing it.
09:43:45 I don't think that you can roll over a contract under
09:43:49 section 401, which is the roll of existing contract,
09:43:55 existing conditions.
09:43:56 When a small local business gets a contract, district
09:44:01 guidelines, it says when they are supposed to be paid.
09:44:04 That's not applicable to this, and nobody is going to help
09:44:09 >>CHARLIE MIRANDA: Refer you again to our legal department.
09:44:10 Have you spoken to our legal department?
09:44:12 >> No, I haven't.
09:44:14 >>CHARLIE MIRANDA: Well, I would do that, first.
09:44:18 We are not attorneys here.
09:44:19 This room is full of attorneys including those from the
09:44:22 >> I think --
09:44:26 >>CHARLIE MIRANDA: Well, your time is up.
09:44:30 I wasn't in that contract and I didn't do what you did with
09:44:33 I would have no part to.
09:44:37 That you are entitled to three minutes.
09:44:38 You gave your three minutes.
09:44:40 You came here and I'm sending you to the legal department as
09:44:43 my advice.
09:44:43 If you don't want to follow that, that's up to you, sir.
09:44:46 >> The attorney you are talking about?
09:44:51 >>CHARLIE MIRANDA: What other attorney am I going to send
09:44:53 you to?
09:44:53 I asked you to go to the city attorney.
09:44:55 >> Okay.
09:44:58 >>CHARLIE MIRANDA: Thank you very much.
09:44:58 >>MARTIN SHELBY: Mr. Chairman, just a reminder to the
09:45:03 So that they understand council's position.
09:45:07 Council's rules of procedure, rule 4-J, says that City
09:45:11 Council should avoid any discussion of matters at a public
09:45:14 meeting where the city is or is likely to be a party in
09:45:17 litigation without concurrence of counsel.
09:45:20 So just to reiterate for the public's understanding, that
09:45:24 City Council, when it is the subject or likely to be the
09:45:28 subject of litigation, it is inappropriate for them to
09:45:31 discuss that with you publicly.
09:45:34 >>CHARLIE MIRANDA: Before I forget, two items I want to
09:45:36 bring up.
09:45:37 Council member Mulhern did send a memo she will not be here
09:45:40 And she would like to have number 99 pulled.
09:45:43 That's number one.
09:45:45 Number two, I want to again say that items 78 through 93
09:45:49 today will be heard at 1:30.
09:45:52 Making that announcement again.
09:45:54 78 through 93 will be heard at 1:30.
09:45:57 Anyone else who has not spoken care to speak at this time?
09:46:04 Yes, sir.
09:46:06 >>JOHN GRANDOFF: Attorney for Kimmins.
09:46:07 I will make sure Kimmins looks into this matter that was
09:46:11 just discussed.
09:46:13 >>CHARLIE MIRANDA: Thank you very much, sir.
09:46:13 I appreciate it.
09:46:14 Anyone else who has not spoken would care to speak at this
09:46:19 No, ma'am, you already spoke.
09:46:21 I'm sorry, ma'am.
09:46:23 That's the rules that I have got to follow.
09:46:26 Those aren't my rules.
09:46:28 City Council has.
09:46:29 Thank you very much.
09:46:30 Next, please.
09:46:30 Anyone else?
09:46:33 We go to public reconsideration of legislative matters from
09:46:36 the previous meeting.
09:46:38 Any legislative reviews on those items?
09:46:41 I see none.
09:46:43 We are going to go now into -- we waived the rules for those
09:46:49 And it's past 9:30.
09:46:51 So we are going to go to items 76 and 77.
09:47:03 These are items you have to be sworn in to testify and
09:47:07 Anyone who is in the audience to speak on 76 and 77, these
09:47:11 are quasi-judicial and they must be sworn in.
09:47:14 Anyone that's going to speak on 76 and 77, the clerk will
09:47:18 swear you.
09:47:19 >>MARTIN SHELBY: Do you want to swear the witnesses?
09:47:36 (Oath administered by Clerk)
09:47:46 >>MARTIN SHELBY: Mr. Chairman, if you could ask if there is
09:47:50 any communication available for public inspection.
09:47:53 >>CHARLIE MIRANDA: Motion to receive any actions on 76 and
09:47:56 Motion by Mrs. Montelione, seconded by Mr. Reddick.
09:47:59 All in favor of that motion?
09:48:01 The ayes have it unanimously.
09:48:07 >>JAMES COOK: Land Development Coordination.
09:48:08 Staff has no objections.
09:48:10 I'm here if you have any questions.
09:48:12 >>CHARLIE MIRANDA: Thanks very much.
09:48:12 >>ABBYE FEELEY: Land Development Coordination.
09:48:16 Item 76 and 77 is referred to as residential Riverwalk and
09:48:20 vacating and the associated rezoning.
09:48:23 The site plan has been certified for the rezoning, and I do
09:48:27 have those available.
09:48:28 I also provided two copies of those pursuant to motion made
09:48:33 by Councilman Capin earlier this week.
09:48:36 I'm available if you have any questions.
09:48:42 >>CHARLIE MIRANDA: Petitioner?
09:48:43 >> 101 East Kennedy.
09:48:48 If you all have any questions, I have my team here to answer
09:48:51 And we would respectfully request your approval of these two
09:48:57 And I'll sit down and save my time for rebuttal if need be.
09:49:01 >>CHARLIE MIRANDA: Anyone in the audience care to speak on
09:49:03 item 76, please come forward.
09:49:07 Which is C-13-05.
09:49:11 Motion to close by Mr. Reddick.
09:49:13 Second by Mrs. Montelione.
09:49:15 Any further discussion by council members?
09:49:18 All in favor of the motion to close please signify by saying
09:49:22 Opposed nay.
09:49:22 The ayes have it unanimously.
09:49:23 Mr. Suarez, would you kindly take number 76, please?
09:49:29 >>MIKE SUAREZ: Move an ordinance being presented for second
09:49:31 reading and adoption, an ordinance vacating, closing,
09:49:32 discontinuing, and abandoning a portion of the right-of-way
09:49:36 unit section of Tyler and Cass Streets lying south of
09:49:40 fortune street, north of Cass Street, east of the
09:49:42 Hillsborough River and west of WC MacInnes Place, legally
09:49:49 described in section 1 hereof, subject to certain easement
09:49:52 reservations, covenants, conditions and restrictions more
09:49:55 particularly set forth herein providing an effective date.
09:49:57 >> I have a motion by Mr. Suarez, second by Mr. Cohen on
09:50:01 item 76.
09:50:02 Roll call vote.
09:50:03 Vote and record.
09:50:08 >>THE CLERK: Motion carried with Capin voting no and
09:50:13 Mulhern being absent.
09:50:16 >>CHARLIE MIRANDA: We go to item number 77.
09:50:23 No one is going to speak on 77?
09:50:27 >>ABBYE FEELEY: Land development.
09:50:28 I thought I spoke on 76 and 77 together.
09:50:33 The site plan has been certified.
09:50:35 Everything is ready to go.
09:50:37 >>CHARLIE MIRANDA: Anyone else?
09:50:38 >> The same thing.
09:50:44 So please approve us.
09:50:45 Thank you.
09:50:47 >>CHARLIE MIRANDA: Anyone in the audience care to speak on
09:50:49 item number 77?
09:50:50 I see no one.
09:50:53 We have a motion to close by Mr. Reddick.
09:50:55 Seconded by in Cohen.
09:50:56 All in favor of the motion please indicate by saying aye.
09:50:58 Opposed nay.
09:50:59 The ayes have it unanimously.
09:51:00 Mr. Reddick, would you kindly take number 77, please?
09:51:03 >>FRANK REDDICK: Move an ordinance being presented for
09:51:06 second reading and adoption, an ordinance rezoning property
09:51:08 in the general vicinity of 1010 north MacInnes place and 900
09:51:14 north Ashley drive in the city of Tampa, Florida and more
09:51:16 particularly described in section 1 from zoning district
09:51:18 classifications CBD-1 central business district to CBD-2
09:51:25 central business district, residential, multifamily, retail
09:51:28 sales and all CBD uses, providing an effective date.
09:51:32 >>MIKE SUAREZ: Second.
09:51:37 >>CHARLIE MIRANDA: Motion by Mr. Reddick.
09:51:39 Seconded by Mr. Suarez.
09:51:41 Roll call vote.
09:51:42 Vote and record.
09:51:42 >>THE CLERK: Motion carried with Capin voting no, and
09:51:47 Mulhern being absent.
09:51:52 >>CHARLIE MIRANDA: Yes, ma'am?
09:51:55 >> We are on item 70 now?
09:51:57 >>CHARLIE MIRANDA: We could do that.
09:51:58 This is under staff reports.
09:51:59 It falls under the committee of Ms. Capin, I believe.
09:52:16 >>YVONNE CAPIN: 69 and 70?
09:52:18 >> Yes, ma'am.
09:52:30 >>YVONNE CAPIN: If you would like to move it forward, that's
09:52:32 fine with me.
09:52:33 >>CHARLIE MIRANDA: Mrs. Capin, 69 is nothing to do with 70,
09:52:40 >> I don't believe.
09:52:43 >>YVONNE CAPIN: I move 69.
09:52:46 >>CHARLIE MIRANDA: Motion by Capin on 69.
09:52:50 >> If you would like to make 70 separate from that.
09:52:55 >>CHARLIE MIRANDA: I'm taking 69 first.
09:52:57 Motion by Ms. Capin, second by Mr. Cohen under
09:53:01 transportation committee by Yolie Capin. The ayes have it
09:53:07 Item number 70.
09:53:09 Mrs. Montelione.
09:53:09 >>JULIA MANDELL: If I could go first, Mr. Chair.
09:53:16 I requested the City Council substitute the one put in the
09:53:19 into, the agreement.
09:53:20 There were some additional discussions which occurred
09:53:22 yesterday where the folks raised a few additional issues and
09:53:29 I have been able to make those changes as relates to the
09:53:31 timing of when the improvements are going to be done and
09:53:33 ensuring that the business interruption insurance is
09:53:36 covering all aspects of this construction.
09:53:38 So as a result of that, I made just a few additional changes
09:53:42 to ensure that those issues are tied down with the language.
09:53:45 It doesn't change anything in context.
09:53:47 It's simply tightening of the language.
09:53:49 So I would like to hand this document to the clerk in order
09:53:52 to substitute what is with the clerk at this moment, if I
09:54:03 And I'm available for any questions.
09:54:09 >>CHARLIE MIRANDA: Thank you very much.
09:54:10 Mrs. Montelione.
09:54:11 >>LISA MONTELIONE: Thank you very much, Mr. Chair.
09:54:13 Ms. Mandell, the contract that I have in my book is not the
09:54:21 revised contract.
09:54:22 >> That's correct.
09:54:24 >>LISA MONTELIONE: So we have not seen the revisions you
09:54:27 just made except for just handing it to the clerk just now?
09:54:30 >> That's correct.
09:54:32 The revisions mainly are related to the timing of
09:54:34 construction and insuring that the business operations are
09:54:38 not interrupted.
09:54:39 I did neglect to also indicate there was an additional
09:54:41 change that was made, after additional discussions with
09:54:44 council member Montelione, to a sure that there was a
09:54:48 contingency as part of the total budget of no less than 5%.
09:54:52 It was contemplated that we would have that contingency,
09:54:55 although we now made that in the contract.
09:54:58 I do have copies for council and I apologize.
09:55:05 But nothing has occurred that would substantively change the
09:55:10 The only thing is additional assurances to the business
09:55:15 center interruption and ensuring that the timing does not
09:55:17 create a problem as it relates to their Broadway series and
09:55:22 any events as it relates to the Bollywood extravaganza
09:55:29 coming up in the near future.
09:55:29 >> Since this contract is just now being presented to
09:55:35 council, I have not had the opportunity to review, based on
09:55:40 the additional covenants that I had asked for when I
09:55:45 discussed this with Ms. Mandell.
09:55:48 I did ask after reviewing the contract, and after reviewing
09:55:52 the proposed budget, which is an addendum to the contract --
09:55:57 I'm sorry, an exhibit to the contract, I did not see
09:55:59 contingency budgeted item, and anybody that knows
09:56:04 construction, once you open up a road, you don't know what
09:56:06 you are going to find.
09:56:07 Isn't that right, Mr. Baird?
09:56:10 So once -- Brad is not listening so he's not smiling.
09:56:16 I was saying that when you open up a road and you start
09:56:21 reconstructing a road that has been in place for many years,
09:56:24 you don't know what you are going to find.
09:56:26 So we have had difficulties with the water mains and
09:56:30 roadways being constructed previously.
09:56:33 And I wanted to make sure that there was contingency funds
09:56:37 available for any surprises that might come up along the
09:56:41 So I would respectfully request we take a few minutes so
09:56:45 that I can review the contract.
09:56:47 >>CHARLIE MIRANDA: I would like to have a motion made by the
09:56:50 council member to hold this till the 1:30 session.
09:56:52 >>LISA MONTELIONE: Thank you very much.
09:56:53 I appreciate that.
09:56:57 >>CHARLIE MIRANDA: Motion by made.
09:57:01 70 will be held sometime after 1:30.
09:57:03 >>LISA MONTELIONE: Thank you, sir.
09:57:05 >>CHARLIE MIRANDA: I appreciate it very much, Mrs.
09:57:11 Item number 2.
09:57:14 >> Bob McDonaugh.
09:57:27 I was asked about the process where we went for an RFP and
09:57:31 the appraisal of the property that was just spoken of.
09:57:35 In addition to publicly putting it in a newspaper -- I
09:57:42 apologize, people are going to need their reading glasses
09:57:45 for this.
09:57:46 But it was also put on the city Web site, the same day it
09:57:51 was published in the newspaper.
09:57:56 And during the month prior to the expiration of the RFP
09:58:02 asking for responses, there were 1803 people that viewed the
09:58:11 economic and urban development web page.
09:58:15 And so there were a considerable amount of people that
09:58:19 looked at it and had the opportunity to see that that
09:58:21 opportunity was out there.
09:58:23 As far as the appraisal, the appraiser was John Minort,
09:58:30 someone who has been doing downtown appraisals for the City
09:58:32 of Tampa for over 30 years.
09:58:35 He's part of the normal appraisal group that does work for
09:58:41 the City of Tampa.
09:58:42 And his turn in rotation, and I believe real estate used him
09:58:46 because of his experience in downtown.
09:58:48 I'm available for any questions.
09:58:50 >>CHARLIE MIRANDA: Any questions at this time?
09:58:55 >>YVONNE CAPIN: I just have a few comments.
09:58:57 I'm glad you put that up there, because I was going to put
09:58:59 it up.
09:59:00 But before I do that, this was my motion to inquire about
09:59:07 I have to preface that due to the medical emergency that was
09:59:13 August the 8th has become a chronic family issue for the
09:59:18 past two weeks and will be forefront in the near future, my
09:59:22 husband has been diagnosed with a rare form of liver cancer,
09:59:25 and it has taken a fast and downward trajectory as to his
09:59:33 mobility and breathing.
09:59:37 Therefore, it may be difficult for me to be present at all
09:59:45 I have two part-time but very competent legislative aides.
10:00:10 And they will continue to -- continue to be constituent
10:00:20 issues, and myself, and I will keep myself abreast of all
10:00:24 council meetings.
10:00:27 For those that I cannot participate, and it is appropriate
10:00:30 for me that I be allowed to participate via phone.
10:00:36 And that's it.
10:00:37 Now, thank you.
10:00:41 As to this issue, as important as the background information
10:00:47 was to the sale of this particular parcel of public land,
10:00:51 the RFP, the appraisal, et cetera, and because of this, and
10:00:56 too many other projects that have come to us here at City
10:00:59 Council from the administration with very little advanced
10:01:02 notice and with urgency, as this project did back in January
10:01:08 2012, with a two-day window to move forward with the sale of
10:01:13 this property.
10:01:14 I feel that the more important issue of moving forward is
10:01:19 for us, this body, to investigate how a better process may
10:01:24 be put in place for the disposal of the City of Tampa public
10:01:30 As it is in the purview of the mayor to negotiate and enter
10:01:34 contracts, it is the City Council's fiduciary responsibility
10:01:38 to the citizens to make sure that the process that is in
10:01:41 place for the administration to even begin to spend hours on
10:01:47 disposition of public land, buildings, rights-of-way, be as
10:01:51 transparent as possible and that all pertinent information
10:01:54 be included as part of the informational background packet
10:01:58 to City Council.
10:02:00 What we will and can require should be part of a dialogue
10:02:03 moving forward.
10:02:09 It concerns me that a project of this magnitude receive only
10:02:14 one inquiry.
10:02:15 I see that there's 1800 hits on the Web site.
10:02:21 We should in my opinion have multiple inquires and did.
10:02:25 That's not what happened.
10:02:27 The bidding process, the public notice, to me was
10:02:35 And when you put that back on there I am going to show you
10:02:39 Council needs to take a serious look at this process.
10:02:45 Okay, can you move it over a little bit?
10:02:48 To the right?
10:02:49 My right?
10:02:51 And you see how it's red lined.
10:02:54 That's red lined to point it out.
10:02:56 That was not red lined -- that was not circled in the Web
10:03:04 So when you read this, it reads as if it was part of a
10:03:10 It was not highlighted.
10:03:12 The City of Tampa and the Community Redevelopment Agency
10:03:16 have released a request for proposals for redevelopment of
10:03:19 land directly west of the John Germany public library.
10:03:24 And here is the printout.
10:03:28 Here is the whole four paragraphs.
10:03:31 And this is in red because I requested to see this.
10:03:35 But the people that looked at this Web site, this is not
10:03:40 This is one of the issues going forward that I think we as a
10:03:45 council need to look to.
10:03:47 Therefore, I would respectfully ask to reschedule this
10:03:55 discussion, not particularly to this property, but
10:03:59 particularly to the process, as I stated before, and for a
10:04:06 workshop to study again how we can make this process more
10:04:11 transparent, because, in my opinion, they followed the
10:04:16 intent, but it needs to meet the letter of the law, and
10:04:25 maybe we need to make it a law, that it needs to be very,
10:04:28 very, very prominent when we are proposing to sell land that
10:04:31 belongs to the citizens of Tampa.
10:04:35 I would ask for that workshop.
10:04:37 We have a workshop in October and one in November.
10:04:42 Yeah, October and -- I mean, January, and that would be my
10:04:48 motion, that we talk about the process of selling, October
10:04:56 Thank you.
10:04:57 >> Motion by Mrs. Capone.
10:04:58 Second by Mrs. Montelione.
10:04:59 Further discussion by council members on the process?
10:05:02 >>MARTIN SHELBY: Would 10:30 be acceptable?
10:05:06 >>YVONNE CAPIN: Yes.
10:05:07 >>CHARLIE MIRANDA: 10:30, the year 2013.
10:05:09 All in favor of the motion?
10:05:11 Ayes have it unanimously.
10:05:12 Thank you very much.
10:05:13 >> One more comment.
10:05:17 What Mrs. Capin did not mention about her staff is the
10:05:19 variety of skill sets they have.
10:05:21 In case you didn't notice it, her assistant did a very fine
10:05:30 >>YVONNE CAPIN: Oh, Cindy, I didn't see her.
10:05:32 I'm sorry.
10:05:49 >>CHARLIE MIRANDA: All right.
10:05:49 Back to the agenda.
10:05:50 We are going to go to committee reports.
10:05:54 No, no, no, sir.
10:05:56 I'm sorry, sir.
10:05:57 I'm sorry, sir.
10:05:59 I'm sorry, sir.
10:06:00 I'm sorry, sir.
10:06:01 I have to conduct this meeting according to the rules.
10:06:04 Thank you very much, sir.
10:06:05 I appreciate it very much for your kindness.
10:06:08 Any problem with 104, 105, 106?
10:06:13 >>LISA MONTELIONE: I would request that we hear those a
10:06:20 little bit later on, because I do have questions.
10:06:24 >>CHARLIE MIRANDA: I'll put them at 1:30.
10:06:26 104, 105, 106 will also be at 1:30 along with the second
10:06:33 items that we have scheduled.
10:06:36 We go to staff reports.
10:07:07 go to consent agenda if we don't have everything ready for
10:07:13 staff reports.
10:07:13 They were the ones that wanted it changed to this morning so
10:07:17 shame on me.
10:07:17 Public Safety Committee.
10:07:18 >> I'm Christine glaucoma for the city and understood staff
10:07:25 report you have report of assessment of costs regarding
10:07:29 domestic partnership registry.
10:07:31 >>CHARLIE MIRANDA: Please tell me the item number so the
10:07:33 public is well aware of what's going on.
10:07:38 >> Yes, sir.
10:07:39 Item number 98.
10:07:46 And you have our written report subject to questions, sir.
10:07:51 >>CHARLIE MIRANDA: Any discussion on 98 by council members?
10:07:59 I don't see any.
10:08:00 >> Thank you, sir.
10:08:02 >>CHARLIE MIRANDA: Thank you very much.
10:08:02 I appreciate your attendance.
10:08:05 99 is the item, I believe, that Ms. Mulhern wanted to hold.
10:08:16 To 9-12.
10:08:17 99 has just been heard.
10:08:19 99 will not be heard.
10:08:20 We go to number 100.
10:08:23 Yes, sir.
10:08:23 >> Parks and recreation.
10:08:32 The current status you have before you in your packet.
10:08:36 To summarize very quickly, along was in 2012.
10:08:42 2016 community investment tax funding originally capital.
10:08:50 This project was not far a enough along for the CIT fund at
10:08:56 this time.
10:08:56 That's not to say it can't come forward next year or future
10:08:59 >>FRANK REDDICK: Thank you, Mr. Chair.
10:09:06 Let me just start off by saying, I know you were not in this
10:09:13 position when the commitment was made to residents.
10:09:17 Let me just start off by saying that.
10:09:20 And that you inherited this issue here.
10:09:26 I had a chance to read your memos.
10:09:29 And my first question to you is, where did those numbers
10:09:34 that you presented to us -- are these current numbers,
10:09:40 dollar figures?
10:09:45 Are those current numbers?
10:09:47 Are these based on the --
10:09:50 >> As far as along as the project was and those are the raw
10:09:54 estimates like that.
10:09:55 >>FRANK REDDICK: Okay.
10:09:57 I was concerned about those numbers, because I'm looking at
10:10:03 that amount of money.
10:10:04 You can pay the whole neighborhood over there and it's not
10:10:11 $10 million in value of homes.
10:10:15 But the community center -- and I am going to talk about
10:10:21 community center because I'm not concerned about a baseball,
10:10:24 football field, and let me ask you.
10:10:28 Do you have a date when the last time a building inspector
10:10:35 went out and inspected?
10:10:37 >> Well, let me give you recent history, if you would like.
10:10:41 Myself, I was out there two weeks ago.
10:10:43 I met with staff.
10:10:45 Actually when I first came here, I will back up a little
10:10:48 further, I did take a complete tour of the east side of town
10:10:51 and I did find disparity of conditions.
10:10:54 That's been a concern of mine and we have been working as
10:10:56 you know to improve programs and facilities recently,
10:10:59 because of the condition of the building and found it was in
10:11:08 need of major significant improvements.
10:11:12 Like it or not, we are out there right now making
10:11:22 improvements to the building.
10:11:24 Talking to staff, to better utilize the rooms, some of the
10:11:28 walls will be shifted around.
10:11:30 And it's I would also hope to be allowed to show that we are
10:11:39 having improvement in programs, really make a difference in
10:11:42 the community.
10:11:43 >>FRANK REDDICK: And let me just say that the reason I ask
10:11:46 that, what I am starting to see within the city, there seems
10:11:55 to be a lack of maintenance on a lost city properties
10:11:59 throughout this city, and the only time something is done is
10:12:05 when a problem occurs, and then the city wants to go out
10:12:09 this and tray to clean it up.
10:12:14 I just want to point out to you, the recreation center, in
10:12:26 East Tampa, and probably most of Tampa, over 3,000 some
10:12:33 people vote there.
10:12:35 If you look at it, they have the largest number of people
10:12:38 that participate in the after-school program, and football
10:12:43 and cheerleading squads and all this.
10:12:46 You go by any evening after 5:00.
10:12:49 You see almost 200 and 300 people out there.
10:12:56 So it's disturbing to me when -- and I'm there all the time.
10:13:00 I pass by it all the time.
10:13:03 And maybe you can answer these questions.
10:13:06 Because I pass by there lately and seems you started to put
10:13:12 some paint on the building or do something.
10:13:15 Are you all repairing the walls?
10:13:20 >> Yes, sir.
10:13:23 The roof was being repaired two weeks ago when I was out
10:13:28 And if I could, sir, this certainly is an indication of
10:13:33 things we have to improve on, and working with the building
10:13:37 We will be looking at all our facilities and make sure there
10:13:40 is a balance around town.
10:13:42 And that includes my staff -- and seeing these things
10:13:52 >> So all of those items listed in a recent news story, you
10:13:57 all are working to correct those?
10:14:00 >> Yes, sir.
10:14:00 >> Do you have a time frame for that?
10:14:03 >> Yes.
10:14:06 Again, the picnic with the greenways coming up, I believe,
10:14:12 on the 28th and we will be done before the 28th.
10:14:14 >>FRANK REDDICK: Another question I had.
10:14:17 I was looking at the current budgets.
10:14:22 And I was looking at the CIT fund for 2014 through 2018.
10:14:34 And I heard your comment at the very beginning.
10:14:37 And I see where you have several parks and recreational
10:14:48 facilities budgeted for improvement or renovation.
10:14:51 And I'm pretty sure, gateway, the Greco sports complex,
10:14:58 Riverfront Park, neighborhood parks, New Tampa center
10:15:05 expansion, and you all got 34,200.
10:15:15 So my question is this.
10:15:16 And that's the reason why we go back to inspection.
10:15:20 How the buildings are inspected.
10:15:23 Because this has been a problem at this facility for a
10:15:29 And the city's ongoing maintenance inspection.
10:15:38 I'm disappointed to see that in here between 2014 and 2018.
10:15:45 So it's listed nowhere.
10:15:48 And so my recommendation is going to be to you that if they
10:15:57 got a football field out there, no grass, and the outdoor
10:16:11 basketball court area, you know, it's embarrassing when you
10:16:18 hear about a pregnant possum get in the walls and died, you
10:16:23 can imagine what it smelled like over there when that has
10:16:29 Knowing the condition of this facility -- and I understand
10:16:33 it's going through some work you are doing now -- and are
10:16:36 you planning to request on the part of your budget for
10:16:40 fiscal year '14 and 15 funding to upgrade, renovate, or
10:16:48 bring this up to inspection?
10:16:50 Because I wonder, if I sent a code enforcement inspector out
10:16:55 there today, I'm wondering what our own code enforcement
10:17:02 agency will pass this, or if I sent a building inspector out
10:17:06 there, I wonder if they will even pass it with the problems
10:17:12 they are having.
10:17:13 And the last thing, Mr. Chair, is this.
10:17:17 We are in the business of going out and condemning all these
10:17:21 buildings and all these properties that residents own and
10:17:24 commercial businesses own.
10:17:26 We are condemning a lot.
10:17:29 But we are failing to look at our own facilities.
10:17:35 And I believe if that building inspector went out there and
10:17:44 cited that, this building would be condemned because of
10:17:46 these conditions.
10:17:47 I understand there's a lot of other places in need.
10:17:49 But I think we need to prioritize those that need emergency
10:17:55 needs, and this is a place that definitely needs to be
10:17:58 prioritized, because you have got senior citizens there.
10:18:02 And when they tell me, those are code violations.
10:18:13 And someone should have found this earlier than having a
10:18:21 reporter go out there and then report about it.
10:18:25 And now trying to address it.
10:18:27 So I'm just asking that I hope you and administration will
10:18:32 look at this and say we can put some paint on the walls, and
10:18:40 we can go in there and replace some missing tile.
10:18:46 But that building probably needs to be inspected, and to
10:18:50 determine if that building is in good, sound structure to be
10:18:58 Because I would hate to see something fall or someone get
10:19:05 You have kids, you have senior citizens.
10:19:07 Like I said, we are getting started into the election
10:19:12 And when you have that many people at that precinct, and
10:19:15 many of these people sitting up with me, if they ever go on
10:19:19 election day, they will see how crowded that place is.
10:19:25 And I'm just asking, in the '14-15 budget, if funding -- if
10:19:36 you or the mayor or someone can come to a realization that
10:19:40 this should be one of the priorities, because I believe if
10:19:49 we had to get that inspected by our own code enforcement
10:19:53 people, that building probably would not pass.
10:19:56 And so if we are going to condemn other people's property,
10:20:02 if we are going to tear down other people's property, and
10:20:05 will cite and fine all these other people in the city, then
10:20:09 we need to cite and fine our own property that the city
10:20:12 owns, because it's not fair.
10:20:16 And so I just want to say that today.
10:20:20 And like I said, I don't blame you.
10:20:24 You inherited this.
10:20:25 But since you are making the big bucks -- [ Laughter ] --
10:20:31 you have to deal with it.
10:20:32 I just want to share that with you.
10:20:36 >>CHARLIE MIRANDA: Thank you, Mr. Reddick.
10:20:37 I appreciate everything you said.
10:20:38 Hopefully it will be addressed in this year, coming years.
10:20:43 Yes, sir, Mr. Suarez.
10:20:44 >>MIKE SUAREZ: Mr. Bayor, Mr. Reddick brought up a lot of
10:20:51 points especially that you are making big bucks.
10:20:53 What is the process of maintenance?
10:20:55 Because unlike a lot of cities, we have a lot of parks.
10:21:06 We he do have a lot of recreational facility for folks that
10:21:09 live in the cities and we have a lot of programs for the
10:21:11 people that live in the city.
10:21:12 But you brought up a very good point.
10:21:14 And this is something that came up when I first got elected
10:21:16 was, it was a facility off of Sligh and Florida.
10:21:24 We needed to get repairs, leaking roof, things like that.
10:21:27 What's the process of when your maintenance folks go in
10:21:30 Is it a regular basis?
10:21:32 Is it a quarterly?
10:21:33 How do you all do it?
10:21:35 And what do you all look for when you do these types of
10:21:39 >> Well, I would first start with its a team effort with,
10:21:41 our own folks, and I would certainly welcome code and
10:21:48 I would like to get back to you on the exact process on
10:21:52 >>MIKE SUAREZ: Sure.
10:21:56 >> The whole responsibility to my staff and train my staff
10:21:59 So those are things we are looking at, which is not only
10:22:02 building maintenance, but just finished -- we are trying to
10:22:10 bring everything back up to where it should be.
10:22:12 >>MIKE SUAREZ: Would it be fair to say that you are looking
10:22:14 at coming up with a better process so that we can have a
10:22:17 more consistent way of looking at all these different parks?
10:22:24 One of the things as part of you building your budget in
10:22:26 order to put it into the entire city budget, we need to know
10:22:29 what you need in order to maintain those facilities that we
10:22:32 all enjoy.
10:22:35 And I think Mr. Reddick, you know, said it right, which is
10:22:38 there are a lot of facilities in this city that have been
10:22:41 around for a long time.
10:22:43 And some of them are in need of, you know, not only a coat
10:22:50 of paint but maybe some repairs.
10:22:52 It's hard to keep track of all of them.
10:22:54 But I know we have a real process in place.
10:22:56 I think we will be able to keep track of it so that we can
10:22:59 build the budget and make sure that you have the tools
10:23:02 necessary to fix whatever needs to be fixed.
10:23:04 >> We are actually ready to roll that out.
10:23:09 We are fast tracking to get that going.
10:23:12 Our own in-house inspections and my staff.
10:23:15 We welcome the prioritization.
10:23:18 >>MIKE SUAREZ: Thank you, chair.
10:23:23 >>CHARLIE MIRANDA: Other council members?
10:23:24 Thank you very much.
10:23:25 I appreciate it.
10:23:26 We go to 101.
10:23:29 It was the written report by Mr. Thom Snelling.
10:23:35 >> That was to be received and filed.
10:23:37 He did transmit the report.
10:23:39 >>CHARLIE MIRANDA: I have a motion to receive and filed by
10:23:41 Mrs. Montelione.
10:23:42 Seconded by Mr. Suarez.
10:23:43 All in favor of the motion indicate by saying aye.
10:23:45 Opposed nay.
10:23:46 The ayes have it unanimously.
10:23:48 Item 102, spoke to earlier by Mr. Massey, I believe.
10:23:57 That was the sign location criteria.
10:24:01 >>CATHERINE COYLE: Planning and development.
10:24:07 We have done some preliminary research on this item on this
10:24:10 particular item related to electronic signs.
10:24:13 And I still have to find time with Mrs. Mandell, some of the
10:24:23 previous stuff done with electronic signs.
10:24:25 There are certain things that we can regulate.
10:24:30 Dealing with the location of the signs, as you mentioned,
10:24:32 locational criteria.
10:24:34 And there are some parallels in our code today.
10:24:38 With numbers of signs along street frontage.
10:24:41 So looking at a certain distance, potentially no more than
10:24:45 300 feet of the intersection of classified roads.
10:24:48 Maybe that would be a place to place these signs as opposed
10:24:50 to along the entire length of the corridor.
10:24:53 Looking at the size and color of the signs, the research I
10:24:58 went out looked at different sign companies and the
10:25:00 specifications that were offered.
10:25:02 And these mass produced signs, not necessarily the custom
10:25:05 ones, but with the L.E.D. technology they are good for
10:25:12 people that want these signs.
10:25:13 What that really says to me is that they are going to become
10:25:16 more readily available.
10:25:19 So looking at the boxes, they do come in fairly standard
10:25:24 sizes, length, and height.
10:25:27 And they also have certain standard number of lines within
10:25:31 them, and certain colors.
10:25:34 They have single colors, tricolor, and then the full
10:25:39 I know Mr. Massey mentioned to me before I came up that he
10:25:42 did speak at a public comment about looking at the
10:25:46 five-minute rule that we have for the timing on signs.
10:25:50 And he mentioned to me -- and it's true, several counties
10:25:53 including our own county has the six-second rule.
10:25:57 He did mention Jacksonville had an 8-second rule.
10:26:00 And the billboard regulation that we apparently have is
10:26:03 actually ten seconds.
10:26:04 So it is something that we can look at as well if council is
10:26:08 amenable to that.
10:26:10 At this time, I do need to circle back with Mrs. Mandell
10:26:13 behind the scenes to go through exactly what we can spell
10:26:16 out in the regulations, that we do have the ability to more
10:26:20 finally regulate the actual specifications and sizes and
10:26:24 dimensions and things on these signs.
10:26:26 And also, if we do have a tighter control on them, when they
10:26:30 can go in, then that would allow that ability maybe for
10:26:36 people to make nonconforming signs conforming.
10:26:39 They could change out to a much smaller size.
10:26:42 And that way the sign itself is still nonconforming so if it
10:26:46 gets destroyed, we get back one that meets code.
10:26:50 I know I threw a lot at you.
10:26:52 The sign code is interesting when you open it up.
10:26:55 So there's definitely things we need to clean up, I think,
10:26:58 just some language in the way of references itself.
10:27:01 But then there are also things that we can definitely
10:27:05 We can certainly move it, if you want to, into the text
10:27:08 amendment cycle.
10:27:09 And in the text amendment cycle it comes with a workshop
10:27:13 with City Council, to the public, you know, I do my own
10:27:16 public information workshop and invite people in to have the
10:27:20 It goes through several public hearings.
10:27:22 So if you are so inclined to really work on this regulation
10:27:26 we can move it into the next cycle and start that process.
10:27:30 That's really all I have to say unless you have any
10:27:34 >>CHARLIE MIRANDA: Okay, what's the pleasure?
10:27:36 Mr. Cohen?
10:27:37 >>HARRY COHEN: Thank you very much, Mr. Chair.
10:27:42 I had originally brought this motion to council a few months
10:27:45 And I think that Ms. Coyle zeroed in on what the issue is,
10:27:51 and this is that these signs are becoming cheaper, they are
10:27:54 becoming more readily available, and people are starting
10:27:57 with increasing frequency to change out signs for electronic
10:28:04 And I just think we need to get ahead of this before we find
10:28:08 ourselves trying to deal with something that's exploded into
10:28:11 a problem as opposed to something that we can anticipate and
10:28:14 regulate fairly.
10:28:15 I think one of the complications, of course, is that we
10:28:20 can't make distinctions based on the content of the sign,
10:28:24 and what it says, but we certainly can make distinctions
10:28:27 about size, and particularly the brightness of the pixels in
10:28:34 the sign because that's one of the things that really
10:28:36 distinguishes a sign that looks like a traditional sign from
10:28:39 something that's becoming some sort of a Las Vegas-style
10:28:42 neon billboard, is the brightness of the pixels.
10:28:48 So I would like to follow Ms. Coyle's suggestion that we
10:28:51 move this into the text amendment cycle.
10:28:53 That will give us a chance to have some workshops, have
10:28:55 public comment, perhaps we can meet individually with city
10:28:59 staff to discuss our concerns about it, and we'll move on in
10:29:01 a methodical way over the next six months or so.
10:29:05 So if it's appropriate I'll make a motion to go ahead and do
10:29:09 >> I'll second it.
10:29:12 >>CHARLIE MIRANDA: What is that next date, Ms. Coyle?
10:29:15 I have a second by Mrs. Capin.
10:29:17 >>CATHERINE COYLE: The next cycle at this point is the
10:29:21 January cycle but what we can do is when I schedule a
10:29:24 workshop for text amendments within the next couple of
10:29:26 months, even though it would be offcycle, I can certainly
10:29:29 bring that item and speak about it at that point to get the
10:29:32 ball rolling.
10:29:32 So when we hit the January cycle we can be ready to move.
10:29:37 >>HARRY COHEN: And I would just say to council members, now
10:29:39 that we have discussed this a little bit in anticipation of
10:29:42 it, as you ride around town, you are going to start to
10:29:45 notice things that perhaps in the past just sort of blended
10:29:51 into the visual clutter of all the signs.
10:29:57 >>CATHERINE COYLE: I will see about the amendment itself, we
10:29:59 did have a presentation by one of the leading sign makers,
10:30:02 and he brought in a couple of these boxes, and actually
10:30:05 showed us how they work.
10:30:06 And described the specifications.
10:30:09 The fact that they do have dimmer switches and timers and
10:30:12 everything else.
10:30:14 So it might be helpful to hear from who actually makes these
10:30:18 signs and installs them, and energy study I will tell you by
10:30:22 the studies that I did read, they are dramatic.
10:30:26 So he I can see why people would want to move to that as
10:30:30 well, savings alone.
10:30:31 >> So let's give staff discretion in this workshop to bring
10:30:34 in these types of -- this type of information so we can get
10:30:38 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen, second by
10:30:40 Mrs. Capin on this subject matter.
10:30:42 All in favor of the motion?
10:30:44 The ayes have it unanimously.
10:30:45 Thank you very much.
10:30:49 Staff regarding the Hampton Terrace.
10:30:57 >>CATHERINE COYLE: I think a couple weeks ago at second
10:30:59 reading you did have some folks from Hampton Terrace and
10:31:02 give you, I think, 186 petitions or so that essentially said
10:31:06 leave it the way it is.
10:31:07 But that aside, went back and pulled out the field work that
10:31:15 we actually conducted back when the field surveys were done
10:31:18 to look at the housing, and generically, in my overview of
10:31:23 it, there are a couple things that we could consider
10:31:27 At first blush, I'm thinking of Hampton Terrace itself could
10:31:31 just be eclectic as opposed to block by block.
10:31:40 I ran the percentages on a couple of these blocks.
10:31:44 And you can see some are all orange.
10:31:46 Some are all yellow.
10:31:47 When you look at the actual markings from our urban designer
10:31:53 at the time, we went with the 50% split. If you had 50% of
10:31:58 a certain form along the block face, the whole block that
10:32:02 way, it's just over 50 on one of these lots.
10:32:10 So we really could, my assumption at this point, we could
10:32:13 make it all yellow and that way get as opposed to just what
10:32:20 is listed here.
10:32:25 And it was done very methodically, sector by sector, block
10:32:32 by block.
10:32:33 But looking at this particular area, it is fairly eclectic
10:32:37 when you drive around and look at the different housing
10:32:39 forms that are out there.
10:32:40 So if you would like to put it in the next text amendment
10:32:44 cycle as well, it is something that I can definitely produce
10:32:47 all the statistics for and bring that forward.
10:32:50 And again we have a workshop and so on.
10:32:55 >>YVONNE CAPIN: Ms. Coyle, you feel that that would be -- I
10:32:59 mean, we did have the 180 signed petitions that would be
10:33:07 more satisfactory to the majority of the homeowners?
10:33:13 >>CATHERINE COYLE: I think it's a middle ground.
10:33:14 I think the opposition that you heard wanted no regulation.
10:33:18 And then the people that came forward wanted to be rezoned
10:33:21 and wanted the standard.
10:33:25 >>YVONNE CAPIN: Some wanted to be included and some did not.
10:33:27 This is a way of including and at the same time brought a
10:33:32 >>CATHERINE COYLE: Broadening.
10:33:32 And I spoke with Marla Robertson on the phone.
10:33:37 She is the one lady that turned in a lot of petitions that
10:33:41 And I spoke to her about the eclectic versus the block by
10:33:44 block, and my recollection of that phone conversation,
10:33:47 because it was over a month ago, and my memory is a little
10:33:52 shot recently, but it was a good conversation.
10:33:56 It was not a "no, don't change anything."
10:33:59 It was, you know, as long as the standards are there, as
10:34:03 long as we meet what is in the code, then they are fine.
10:34:09 She definitely did not want to be pulled out.
10:34:13 >>YVONNE CAPIN: Thank you.
10:34:14 >>FRANK REDDICK: Did you speak with the president of
10:34:19 Hampton Terrace?
10:34:22 >>CATHERINE COYLE: Not recently. I did speak to him at our
10:34:26 open houses and during the hearings and his stance is pretty
10:34:31 clear that he wanted white on the map with no residential
10:34:35 form standard, which is a strong stance.
10:34:37 It is what it is.
10:34:38 So I believe I was asked to come back and look at what the
10:34:41 options are.
10:34:42 And I think -- I can't recommend to you to remove them from
10:34:47 the map based on the methods that we used, based on all the
10:34:51 standard and the history of Seminole Heights and how the
10:34:53 overlay was developed, and can't recommend that we just
10:35:02 white it out.
10:35:02 But I can recommend a solid middle ground is to allow all
10:35:06 the range for Hampton Terrace specifically.
10:35:08 >>FRANK REDDICK: Are you going to reach out to the
10:35:15 president of Hampton Terrace with what you are proposing to
10:35:21 >>CATHERINE COYLE: Yes, certainly if you put it in the text
10:35:23 amendment cycle to actually consider that change, then that
10:35:25 follows our normal process.
10:35:27 So I will workshop and invite everybody, and you hold a
10:35:30 workshop and people get invited and we go through public
10:35:33 hearings on this.
10:35:34 That's why if we can stick to as many public meetings as
10:35:37 possible, then you hear everything.
10:35:39 >>FRANK REDDICK: Mr. Chair, I will move we do this in a
10:35:46 text amendment cycle, and that we encourage all the
10:35:49 representatives to be part of it.
10:35:54 >>YVONNE CAPIN: Second.
10:35:56 >>CHARLIE MIRANDA: Motion by Mr. Reddick, seconded by Mrs.
10:36:00 >>JOHN GRANDOFF: May I be heard on the motion, Mr. Chairman?
10:36:03 >>CHARLIE MIRANDA: Well, we are just setting it for a motion
10:36:06 in the future to discuss.
10:36:07 We don't have anything to discuss, I don't believe.
10:36:10 >>JOHN GRANDOFF: I would like to proffer on the record my
10:36:12 client's concern about this motion.
10:36:15 >>CHARLIE MIRANDA: We are not doing anything with it, sir.
10:36:17 We are just setting it for a hearing so they will all be
10:36:19 invited to discuss what Ms. Coyle just brought up.
10:36:23 So what's your client's problem?
10:36:25 >>JOHN GRANDOFF: I have clients opposed to the action.
10:36:28 >>CHARLIE MIRANDA: And I understand that.
10:36:30 >>JOHN GRANDOFF: I want to make a record and proffer their
10:36:33 >>CHARLIE MIRANDA: All right.
10:36:33 Put it in the record, sir.
10:36:35 >> I represent several property owners within Tampa that
10:36:39 vehemently object to any regulation.
10:36:43 I urge all of you to drive that neighborhood and understand
10:36:45 that neighborhood and note that it was built prezoning and
10:36:49 they have got along just fine without architectural control.
10:36:53 And also, if any one of you were present or recall the
10:36:56 harbor view case off Bayshore where there was a movement to
10:37:02 historically designate one street, the fruit of that
10:37:07 discussion was a provision of the preservation ordinance
10:37:13 that requires owners' consent as one of the elements
10:37:18 considered in historic designation of a neighborhood.
10:37:20 So please be aware of the property owners rights in that
10:37:23 provision that will then be HPC code before you embark on a
10:37:28 text amendment.
10:37:28 I urge you the that that not take place, and that the city's
10:37:32 resource conditions better spent in other neighborhoods.
10:37:35 >>CHARLIE MIRANDA: Thank you very much.
10:37:36 Let me ask you one question.
10:37:37 Are there any other areas of the city that what they were
10:37:41 prior to zoning?
10:37:42 >> Oh, many areas.
10:37:44 >>CHARLIE MIRANDA: That's all I want.
10:37:45 Thank you very much.
10:37:46 >>CHARLIE MIRANDA: I forgot my name on the record.
10:37:47 John Grandoff, suite 3300 Bank of America Plaza.
10:37:52 >>CHARLIE MIRANDA: Thank you very much.
10:37:53 I appreciate it very much.
10:37:54 I have a motion by Mr. Reddick.
10:37:56 I did not vote on the motion.
10:37:58 Seconded by Ms. Capin.
10:38:01 Motion by Mr. Reddick, I believe.
10:38:03 >>YVONNE CAPIN: And this is to put on the text amendment the
10:38:05 workshops will be coming forward and we will --
10:38:08 >>CHARLIE MIRANDA: That's what it was.
10:38:10 Thank you thank you.
10:38:11 All in favor of the motion please signify but saying aye.
10:38:14 Opposed nay.
10:38:14 The ayes have it unanimously.
10:38:15 We go to committee reports, if I may, now.
10:38:20 I believe I handled that portion of the agenda.
10:38:24 103, 104, 5 and 6 will be held at 1:30.
10:38:28 Then we'll go to the other agenda before noon.
10:38:32 We go to public safety chair, Mr. Frank Reddick.
10:38:35 >>FRANK REDDICK: Move 3 through 7.
10:38:39 >>CHARLIE MIRANDA: I have a motion by in Reddick, seconded
10:38:41 by Mr. Cohen.
10:38:42 All in favor?
10:38:43 The ayes have it unanimously.
10:38:45 Mr. Reddick, Parks, Recreation, Culture Committee.
10:38:49 Ms. Mulhern is not here and the vice chair is not here.
10:38:53 >>FRANK REDDICK: Move items 8 through 26.
10:38:56 >> Second.
10:38:58 >>CHARLIE MIRANDA: Motion by Mr. Reddick, a second by Mr.
10:39:01 All in favor of that motion please indicate by saying aye.
10:39:03 Opposed nay.
10:39:04 The ayes have it unanimously.
10:39:05 Public Works Committee chair Mr. Mike Suarez.
10:39:08 >>MIKE SUAREZ: I move items 27 through 35.
10:39:11 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez.
10:39:13 Seconded by Mr. Cohen on a close vote with Mr. Reddick.
10:39:18 All in favor of the motion?
10:39:20 The ayes have it unanimously.
10:39:22 Finance Committee chair, Mr. Harry Cohen.
10:39:24 >>HARRY COHEN: Move 36 through 50.
10:39:28 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen.
10:39:30 Seconded by Mr. Suarez.
10:39:31 All in favor of that motion please indicate by saying aye.
10:39:34 Opposed nay.
10:39:35 The ayes have it unanimously.
10:39:40 I am going to hold this other committee, building and
10:39:48 There she is.
10:39:53 Building, zoning, preservation committee chair, Lisa
10:39:57 >>LISA MONTELIONE: Thank you, sir.
10:39:58 I move items 51 through 68.
10:40:02 I would also like to move item number 105, and 106.
10:40:19 >>CHARLIE MIRANDA: Just for the record, I just mentioned, to
10:40:23 clarify my statement, I was going to go to 1:30 and we are
10:40:27 We'll hear it now.
10:40:28 105 and 106 was included in the motion by the chair of
10:40:31 Building, Zoning and Preservation Committee, Lisa
10:40:34 So 51 through 68 you are voting on, and 105 and 106.
10:40:38 All in favor of the motion?
10:40:40 Seconded by Mr. Reddick.
10:40:42 Made by Mrs. Montelione.
10:40:43 All in favor of that motion please indicate by saying aye.
10:40:46 Opposed nay.
10:40:48 The ayes have it unanimously.
10:40:54 We go to item 7 for public hearing.
10:40:59 71 through 75.
10:41:01 These items that will be set for public hearing.
10:41:06 Yes, ma'am.
10:41:13 I think we already passed 69, am I correct?
10:41:16 Now we are holding 70 till 1:30.
10:41:19 I need a motion to set 71 through 75 for public hearing.
10:41:23 I have a motion by Mrs. Montelione.
10:41:25 I have a second by Mr. Cohen.
10:41:26 All in favor of the motion for those items, please signify
10:41:29 by saying aye.
10:41:30 Opposed nay.
10:41:32 The ayes have it unanimously.
10:41:33 As you well know, 78 through 93, I believe it is, are going
10:41:38 to be held at 1:30. Now we go to items 94 through 97.
10:41:43 These are public hearings.
10:41:44 These are non-quasi-judicial proceedings.
10:41:53 Motion to open 94 by 97, by Mr. Suarez, seconded by Mr.
10:41:58 All in favor?
10:41:59 The ayes have it unanimously.
10:42:01 >> Jan McLean with the stormwater management.
10:42:16 We have done the publication as required.
10:42:18 We received no comments, no objections.
10:42:22 This is no increase from the assessment from last year.
10:42:25 And your vote needs to be taken while the hearing is open.
10:42:29 >>CHARLIE MIRANDA: Thank you very much.
10:42:31 Thank you.
10:42:32 Anyone in the audience care to speak on item number 94?
10:42:36 I see no one.
10:42:37 But we are not going to close the hearing.
10:42:40 Yes, sir.
10:42:40 >>MARTIN SHELBY: Please make the motion to receive and file
10:42:45 the motion transmitting the roll.
10:42:47 >>CHARLIE MIRANDA: Motion by Mrs. Montelione.
10:42:48 Second by Mr. Suarez.
10:42:50 All in favor of the motion?
10:42:52 The ayes have it unanimously.
10:42:53 I need the resolution.
10:42:55 Got to be adopted during the public hearing.
10:42:57 Who wants to move the resolution?
10:42:59 Motion by Mr. Reddick.
10:43:00 Seconded by Mr. Suarez on 94.
10:43:02 All in favor of the motion?
10:43:04 The ayes have it unanimously.
10:43:05 Need a motion to close 94.
10:43:08 I have a motion by Mr. Reddick.
10:43:09 Seconded by Mr. Cohen to close 94.
10:43:12 All in favor of the motion?
10:43:13 The ayes have it unanimously.
10:43:14 Item number 95.
10:43:16 >>SAL TERRITO: Legal department.
10:43:22 Item 95 is the downtown special assessment.
10:43:26 If anyone here wants to speak about it.
10:43:33 But the publication has all been done and everything has
10:43:35 been received and filed.
10:43:36 >>CHARLIE MIRANDA: Anyone in the audience care to speak on
10:43:38 95, please come forward.
10:43:42 >> Christine Burdick, the president of the Tampa downtown
10:43:47 partnership and we are here for the 21st time, I think,
10:43:50 to present the request for the approval of the special
10:43:55 assessment district.
10:43:58 As Mr. Territo said, we have followed all the guidelines, we
10:44:02 had public meetings, we have heard no questions that
10:44:05 couldn't be answered and would appreciate your support and
10:44:10 >>CHARLIE MIRANDA: Thank you very much.
10:44:10 Anyone in the audience care to speak on item 95?
10:44:12 I need a motion to pass the resolution.
10:44:15 Motion made by Mr. Reddick.
10:44:17 Seconded by Mr. Cohen on 95.
10:44:19 All in favor of the motion please indicate by saying aye.
10:44:22 The ayes have it unanimously.
10:44:24 Need to close the public hearing on 95.
10:44:26 Have a motion to close by Mr. Cohen, seconded by Mr. Suarez
10:44:29 on 95.
10:44:29 All in favor of the motion?
10:44:31 The ayes have it unanimously.
10:44:33 >>SAL TERRITO: Legal department.
10:44:38 96 is the Tampa historic Ybor historic streetcar assessment,
10:44:42 the same as it was last year.
10:44:44 And all the notification has been done.
10:44:46 I'm not sure if anyone is here to speak on this issue.
10:44:55 >> Christine Burdick with the Tampa down district.
10:45:01 Because their president Michael English was unable to be
10:45:03 here today they asked me to just to come and tell you they
10:45:08 as well have gone through all the steps required of the
10:45:11 process, they met with the community, they would appreciate
10:45:14 your support this year.
10:45:15 They are being very persistent and perseverant in finding --
10:45:25 finding funding sources and they would appreciate your
10:45:28 passage of this.
10:45:29 >>CHARLIE MIRANDA: Anyone in the audience care to speak on
10:45:31 item number 96?
10:45:34 Please come forward.
10:45:35 I see no one.
10:45:38 Motion made by Mr. Suarez, second by Mr. Cohen on 96.
10:45:42 All in favor of the motion?
10:45:44 The ayes have it unanimously.
10:45:45 Need a motion to close.
10:45:47 Motion by Mr. Cohen.
10:45:48 Second by Mr. Suarez to close.
10:45:50 All in favor of the motion please indicate by saying aye.
10:45:52 Opposed nay.
10:45:53 The ayes have it unanimously.
10:45:54 Number 97?
10:45:59 >>SAL TERRITO: Leapt department.
10:46:00 Item number 97 is the Westshore special assessment, the same
10:46:03 as it was last year, and all the publication has done.
10:46:06 Everything has been received and filed that's appropriate.
10:46:09 >>CHARLIE MIRANDA: Anyone care to speak to 97?
10:46:12 Please come forward.
10:46:13 >> Chris Webb, Westshore Alliance, here, and this is our
10:46:18 12th time before you and I'm asking for your support for the
10:46:20 special assessment.
10:46:23 Made no changes to the assessment.
10:46:25 The boundaries are the type of properties assessed.
10:46:28 We maintained the programs as they were.
10:46:31 And we made a concerted effort to notify the property
10:46:35 We had a workshop.
10:46:37 We are ready to go.
10:46:39 I have some support letters from assessed property owners
10:46:43 that I would like to enter into the record.
10:46:46 And thank you for your consideration.
10:46:47 >>CHARLIE MIRANDA: Thank you very much.
10:46:47 Anyone in the audience care to speak on item 97?
10:46:51 Please come forward.
10:46:54 Motion to move the resolution by Mr. Reddick.
10:46:57 Second by Mr. Cohen on number 97.
10:46:59 All in favor of the motion?
10:47:00 Opposed nay?
10:47:01 The ayes have it unanimously.
10:47:03 Need a motion to close 97.
10:47:04 Motion by Mr. Suarez.
10:47:05 Second by Mr. Cohen to close it 7.
10:47:08 All in favor of the motion please indicate by saying aye.
10:47:10 Opposed nay.
10:47:11 The ayes have it unanimously.
10:47:16 98 through 107 we have done.
10:47:24 We are holding 104 to 1:30.
10:47:26 >>MARY MULHERN: And 107.
10:47:28 The maker of that is not here so I am going hold 97 to a
10:47:32 later time.
10:47:41 Public hearings and review hearings.
10:47:43 Anyone who is going to speak on 108 through 117 at this
10:47:45 time, you shall be sworn in. 108 through 117.
10:47:49 (Oath administered by Clerk).
10:48:01 >>CHARLIE MIRANDA: Before we do that need a motion to
10:48:05 receive and file any documents from 108 through 117.
10:48:08 Motion by Mr. Suarez.
10:48:09 Second by Mr. Cohen.
10:48:10 All in favor of the motion indicate by saying aye.
10:48:12 The ayes have it unanimously.
10:48:14 Thank you very much.
10:48:14 Item number 108.
10:48:15 >> Elaine Warren, preservation staff.
10:48:27 We have a presentation this morning for you regarding the
10:48:31 designation of the Easley Building, 510 north Franklin
10:48:37 Can we go to the PowerPoint, please?
10:49:00 >>CHARLIE MIRANDA: We have a little technical difficulty.
10:49:17 Do we have the Power Point on 108?
10:49:23 >> They don't have our Power Point so we are going to do it
10:49:28 on a printed copy.
10:49:30 >>CHARLIE MIRANDA: Thank you very much.
10:49:31 I appreciate it.
10:49:49 >> The Easley building at 510 North Franklin Street is
10:49:55 before you for consideration.
10:49:59 As part of the North Franklin Street downtown properties
10:50:05 This currently includes nine commercial buildings located in
10:50:08 the vicinity of the North Franklin Street area and in
10:50:11 downtown Tampa.
10:50:15 Constructed circa 1895 this was known as the Easley building
10:50:21 with a possible connection of Robert Easley, Tampa's
10:50:24 29th mayor from 1894 to 1895.
10:50:30 This building first appeared on an 1895 map and included a
10:50:33 boot and shoe store with offices and lodging above.
10:50:37 And by 1901, the shoe store had been replaced with offices
10:50:42 for Henry B. plant's network of railroads, and the bank of
10:50:47 Tampa later occupied this building, and you can see signs
10:50:50 painted on the sides of this building that were in a popular
10:50:54 postcard from that era.
10:50:56 The grand theater moved into the building around 1915, and
10:50:59 the Franklin Street was modified for this new tenant, was
10:51:04 covered with the terra-cotta tiles and the windows altered
10:51:08 and this building was vacant for a period during The Great
10:51:10 Depression but occupied by a men's clothing store by 1934.
10:51:16 In 1937, a jewelry company moved into a locks a block north
10:51:23 and remained here through the 1970s.
10:51:30 The Easley building is an integral component of the historic
10:51:33 commercial corridor along North Franklin Street.
10:51:36 Therefore significant under criterion A, commerce.
10:51:42 And the Easley building is also a good example of an early
10:51:46 intact commercial building with neoclassical revival
10:51:49 development in downtown Tampa.
10:51:50 Most of the 1950 elements remain in place today, and
10:51:54 therefore it is significant under criterion C for
10:51:59 However, the first story storefront including the awnings
10:52:04 have been altered as the building changed use.
10:52:06 The Easley building is expected to go rehabilitation, a
10:52:10 hearing with the secretary of interior standards, and
10:52:12 there's proposed work on this picture.
10:52:16 The Historic Preservation Commission recommended that City
10:52:18 Council approve the designation of the Easley building on
10:52:22 June 11, 2013, and the Planning Commission found the
10:52:26 designation request consistent with the provisions of the
10:52:30 comprehensive plan.
10:52:30 I'm available if you have any questions.
10:52:32 Thank you.
10:52:33 >>CHARLIE MIRANDA: Thank you very much.
10:52:33 Any questions by council members?
10:52:35 This is the first public hearing on this property.
10:52:39 Any comments from the audience?
10:52:42 Need a motion to close.
10:52:44 Motion to close by Mr. Suarez.
10:52:45 Seconded by Mr. Cohen.
10:52:46 All in favor of the motion indicate by saying aye.
10:52:49 Opposed nay.
10:52:50 The ayes have it unanimously.
10:52:51 Mr. Cohen, would you read the ordinance?
10:52:53 >>HARRY COHEN: I move an ordinance being presented for
10:52:57 first reading consideration, an ordinance of the city of
10:53:00 Tampa, Florida designating the Easley building located at
10:53:03 510 North Franklin Street, Tampa, Florida, as an additional
10:53:07 to the North Franklin Street local downtown landmark group
10:53:12 as described in section 3 hereof as a local landmark,
10:53:15 providing for repeal of all ordinances in conflict,
10:53:18 providing for severability, providing an effective date.
10:53:22 >>CHARLIE MIRANDA: Motion by Mr. Cohen.
10:53:23 I have a second by Mr. Suarez.
10:53:24 All in favor of the motion?
10:53:26 The ayes have it unanimously.
10:53:27 >>THE CLERK: Second reading of the ordinance will be held
10:53:31 September 12th at 9:30 a.m.
10:53:33 And the vote is with Mulhern being absent and Capin and
10:53:37 Reddick being absent at vote.
10:53:40 >>CHARLIE MIRANDA: Thank you very much.
10:53:41 Item 109.
10:53:41 >> Elaine Warren, historic preservation.
10:53:57 The Sulphur Springs gazebo is in front of you today for
10:54:03 consideration of landmark designation.
10:54:06 The Sulphur Springs gazebo was constructed circa 1925 in the
10:54:12 Sulphur Springs park at the intersection of Nebraska Avenue
10:54:14 and at the Hillsborough River where it the spring was said
10:54:18 to produce healing waters.
10:54:20 The Sulphur Springs area began as a resort community.
10:54:24 Richardson invested in it in 1905 and built a streetcar line
10:54:30 from Tampa north along Nebraska Avenue.
10:54:32 This made it a popular recreation area for both tourists and
10:54:38 Richardson expanded the park to include several attractions
10:54:40 in here, additionally the Sulphur Springs arcade was
10:54:45 demolished and Sulphur Springs water tower was constructed
10:54:48 in the area, and Sulphur Springs water tower is a local
10:54:55 The gazebo is a two-story building constructed in the
10:55:00 neoclassical style of architecture.
10:55:04 The architectural style is evident in its details and put
10:55:08 into the columns bracket and medallions over the first story
10:55:13 which contained the letter "R" for Richardson.
10:55:17 The gazebo was restored earlier this year, and here you can
10:55:22 see a of holding up the dome while the columns were repaired
10:55:27 and replaced.
10:55:30 And then we have photos from the gazebo after the
10:55:39 Today, the Sulphur Springs gazebo along with the historic
10:55:43 pool is one of two remaining historic features in the park.
10:55:46 It is significant under criterion A and history.
10:55:52 Additionally it is significant understood criterion C as an
10:55:55 example of the neoclassical style of architecture and its
10:55:59 early role in the community planning development of the
10:56:02 Sulphur Springs area.
10:56:05 The Historic Preservation Commission recommended that City
10:56:08 Council approve the local landmark designation of the
10:56:11 Sulphur Springs gazebo at its hearing on May 14th, 2013,
10:56:16 and the Planning Commission has found that the designation
10:56:19 request is consistent with the provisions of the Tampa
10:56:22 comprehensive plan.
10:56:24 I'm available if you have any questions.
10:56:26 >>CHARLIE MIRANDA: Any questions by council members?
10:56:27 None else care to speak on 109?
10:56:30 Need a motion to close.
10:56:31 I have a motion to close by Mrs. Montelione, second by Mr.
10:56:34 Suarez on 109.
10:56:36 All in favor?
10:56:37 The ayes have it unanimously.
10:56:38 Ms. Montelione, would you kindly take 109, please?
10:56:41 >>LISA MONTELIONE: I move an ordinance being presented for
10:56:47 first reading consideration, ordinance of the city of Tampa,
10:56:49 Florida designating Sulphur Springs gazebo located at 701
10:56:55 east Bird Street, Tampa, Florida as more particularly
10:56:57 described in section 3 hereof as a local landmark providing
10:57:01 for repeal of all ordinances in conflict providing for
10:57:04 severability, providing an effective date.
10:57:05 >> Second.
10:57:07 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione on
10:57:09 Second by Mr. Suarez.
10:57:11 All in favor of the motion?
10:57:13 The ayes have it unanimously.
10:57:14 >>LISA MONTELIONE: I would like to add that we talk a lot
10:57:18 about Sulphur Springs and the negative things, and the
10:57:20 blight in Sulphur Springs, and this is a gem and an asset,
10:57:24 and just a beautiful statement of the history of our city.
10:57:30 >>CHARLIE MIRANDA: Thank you very much.
10:57:30 >>THE CLERK: Second reading of the ordinance will be held
10:57:33 September 12th at 9:30 a.m.
10:57:35 And the vote was with Mulhern being absent and Capin being
10:57:40 absent at vote.
10:57:41 >>HARRY COHEN: Thank you, Mr. Chair.
10:57:45 I made an error during the committee report section.
10:57:50 Item number 49 has been pulled by councilwoman Montelione,
10:57:54 and I included it in the list of things that we passed.
10:57:57 The staff were here to address some questions about it.
10:58:00 They are constitutional here.
10:58:01 And I was wondering if we could go ahead and clear that up
10:58:03 before we move on.
10:58:05 >>CHARLIE MIRANDA: Certainly.
10:58:07 Staff out in the hallway?
10:58:14 Yes, sir.
10:58:16 Item number 49.
10:58:18 Committee reports.
10:58:19 >> City neighborhoods.
10:58:29 Any questions concerning the audit?
10:58:32 >>LISA MONTELIONE: I think you need to turn your audio up
10:58:34 because we are having trouble here you.
10:58:35 >> Jake Slater, neighborhood empowerment.
10:58:39 >>LISA MONTELIONE: Thank you, Mr. Chair.
10:58:42 As was mentioned previously by one of our speakers and code
10:58:46 enforcement advocates, the audit for neighborhood
10:58:53 empowerment, foreclosure registry, was transmitted to us,
10:58:57 and I had an opportunity to review this audit, and I can say
10:59:02 that there is nothing in here that was immediately a
10:59:07 surprise, because we talked about these issues over a year
10:59:11 ago, and we continue to talk about these issues.
10:59:14 But one thing I am taken aback by was exactly that, because
10:59:18 we did talk about this over a year ago.
10:59:23 It was when Mr. Rogero had taken over the current chief of
10:59:27 staff had taken over neighborhood empowerment as the
10:59:29 administrator, and now obviously he's moved up in the world,
10:59:34 depending on your perspective, and, you know, we talked
10:59:39 about the collections, we talked about how much money is out
10:59:41 there, we talked about how your department, who is sorely
10:59:46 lacking in resources in the form of cash, receipts, would
10:59:53 need more money from our budget.
10:59:54 You need more staff.
10:59:55 You need more money to cover your expenses.
10:59:58 And we are sitting on all this money that is not collected.
11:00:03 And this particular report talks about registry application
11:00:09 fees, and the registry processing fees.
11:00:13 Now, those who are familiar with the registry, the
11:00:17 foreclosure registry is when a property goes into
11:00:20 foreclosure, whoever foreclosures on that property typically
11:00:24 a big bank, sometimes it's a smaller, you know, somebody
11:00:29 holds a personal note on a property, but for the most part
11:00:32 it's big banks, and they are responsible to register that
11:00:37 property with the City of Tampa, correct?
11:00:40 >>JAKE SLATER: Yes, ma'am, correct.
11:00:42 >>LISA MONTELIONE: And they are required to pay a fee for
11:00:45 >>JAKE SLATER: That's correct.
11:00:47 >>LISA MONTELIONE: And they have to review it every year.
11:00:49 >> That's correct.
11:00:54 >>LISA MONTELIONE: In 2011 when we took office the registry
11:00:58 application fee that in the audit were uncollected -- am I
11:01:03 reading this correctly?
11:01:07 >> That was the collected fees.
11:01:09 >> That's the collected fees.
11:01:11 And what are the uncollected?
11:01:13 >> I don't have that back in 2011.
11:01:18 I can tell you when the audit was done --
11:01:20 >>LISA MONTELIONE: Well, we have numbers for 12 and 13.
11:01:23 We collected 282,325 in 12, but I'm curious as to the
11:01:30 uncollected amount.
11:01:31 >> Back in those years?
11:01:32 >> Whatever numbers you have.
11:01:33 >> I don't have that available right now.
11:01:35 But on page number 3 of the audit as of May 30th, 2013,
11:01:44 for the terms of the audit -- I'm sorry, the total amount
11:01:47 unpaid, uncollected was $452,000.
11:01:51 >>LISA MONTELIONE: 452,122.50.
11:01:57 That's nearly half a million dollars.
11:01:59 >>JAKE SLATER: Yes.
11:02:02 >>LISA MONTELIONE: What can we accomplish with an
11:02:05 additional half million dollars in our pocket?
11:02:07 >> I would like to have that money available if it was
11:02:10 >>LISA MONTELIONE: So since we talked about this over a
11:02:14 year ago, when the now chief of staff was head of
11:02:18 neighborhood empowerment, why haven't we done anything to
11:02:21 collect any of this money in probably a year and a half?
11:02:25 >>JAKE SLATER: One of the issues of the audit was we are
11:02:29 definitely going to be working with actually legal to come
11:02:31 up with some ideas --
11:02:34 >>LISA MONTELIONE: All due respect, Mr. Slater, we have
11:02:36 talked about that a year and a half ago, that we are working
11:02:39 with the legal department, we are working with, you know,
11:02:43 the folks in our billings division, we have been working
11:02:50 with our technology department, a year and a half, and we
11:02:56 are asking -- we are asking for more money in the budget to
11:02:59 be allocated to code enforcement when you have money sitting
11:03:03 on the table that we are not moving to collect in over a
11:03:06 year and a half.
11:03:07 >>JAKE SLATER: I agree with you.
11:03:10 I'm not in the collection business.
11:03:15 I know that there are certain legal ramifications that are
11:03:21 active in this area, and I know it's a topic of discussion.
11:03:24 I think that this audit will help us bring it to the
11:03:27 >>LISA MONTELIONE: And like I said nothing in this audit is
11:03:33 We knew all of this before.
11:03:35 So we have an audit that was performed July 3rd of 2013,
11:03:39 reporting on information that we knew existed a year and a
11:03:44 half ago.
11:03:46 And maybe it was a year.
11:03:49 Maybe I'm stretching to tell you a year and a half.
11:03:56 The report talks about, or your management responds to the
11:04:02 observations about that 452,000 that's uncollected, that's
11:04:11 that neighborhood management should determine the most
11:04:14 effective efficient way to enhance collection efforts.
11:04:18 Enhance, I think, is an interesting word because it seems
11:04:21 that we don't have any collection efforts, because it says
11:04:28 that there was no additional collection efforts made other
11:04:31 than mailing of delinquent fees notices.
11:04:37 Why is that?
11:04:38 And I would like to know what we are doing.
11:04:41 And the response that, you know, concurs, neighborhood
11:04:46 empowerment, working with the legal department to enhance
11:04:51 revenue collections, recommend changes to the current
11:04:55 efforts, will be provided to the city administration for
11:04:57 final approval.
11:04:57 I want to know what those are.
11:04:59 >>JAKE SLATER: If I could ask you just to give us a little
11:05:02 time on this because this audit came --
11:05:05 >> It's been a year and a half.
11:05:06 >>JAKE SLATER: Right.
11:05:07 But this audit, I think, will help bring these issues to the
11:05:14 >>LISA MONTELIONE: I'm at a loss for words, because we have
11:05:24 been hearing it for a year and a half.
11:05:30 I want to know if there is a plan that you are going to
11:05:33 bring to us, you at least have some sort of draft, or some
11:05:36 sort of idea, or some sort of dumb indication of where we
11:05:41 are going with this.
11:05:41 >>JAKE SLATER: If I could ask you again to give me another
11:05:46 30 days, let me come back to City Council, with actually
11:05:49 legal, and actually the budget office --
11:05:51 >>LISA MONTELIONE: I asked legal to appear.
11:05:53 >>JAKE SLATER: I am not prepared to give you like an
11:05:56 overview or an action plan of this audit yet.
11:05:59 >>LISA MONTELIONE: Are you prepared to tans questions I
11:06:12 >>ERNEST MUELLER: Assistant city attorney.
11:06:14 There are certain issues with foreclosure registry that need
11:06:18 to be looked into.
11:06:20 I am not necessarily prepared to respond to what you have
11:06:23 right now.
11:06:25 >>LISA MONTELIONE: Are collection methods that secretive?
11:06:30 I know that if I fall delinquent, you know, two days on my
11:06:36 credit card bill, I hear from the bank like really fast.
11:06:41 They are e-mailing me, they are text messaging me, they are
11:06:45 calling my phone because, you know, maybe I had a late night
11:06:48 at council and I missed my deadline for sending in my credit
11:06:52 card payment.
11:06:53 I'm sorry?
11:06:57 Right now I set up electron you can payments and just have
11:06:59 it done automatically but I'm not there yet with the
11:07:02 confidence level.
11:07:04 On the electronic thing.
11:07:05 >>ERNEST MUELLER: I would say that one part of the issue is
11:07:09 more of a tracking issue.
11:07:11 As you pointed out at the beginning, if a property goes into
11:07:16 foreclosure, and it qualifies for the registry, that's
11:07:21 partially true.
11:07:22 The other aspect is, it has to be in foreclosure, has to be
11:07:28 And somewhere down the road, that property falls out of
11:07:33 foreclosure, but that the department doesn't know about it,
11:07:36 and it stays on the registry, then there isn't -- they don't
11:07:41 have to pay that money if it's no longer qualifying for the
11:07:45 But somewhere down the road --
11:07:47 >>LISA MONTELIONE: Do we need someone from the bank to tell
11:07:49 us that?
11:07:50 If they pay something that they shouldn't have, well --
11:07:54 >>ERNEST MUELLER: They are supposed to deregister, yes.
11:07:57 But I'm just saying, are they doing that, deregistering?
11:08:01 Not like they should be doing.
11:08:04 All I'm saying -- what?
11:08:06 >>LISA MONTELIONE: I'm not so worried about the
11:08:09 >>ERNEST MUELLER: If they don't qualify at that time, they
11:08:12 may not have -- they may not be owing us the registration
11:08:17 So that's why I'm just saying --
11:08:20 >>LISA MONTELIONE: If I overpay a bill, and realize that I
11:08:22 over pay a bill, I call the vendor that I overpaid it to and
11:08:28 they refund the money, or they say, I'm sorry, you should
11:08:31 have requested that refund within 15 days.
11:08:35 You missed your window of opportunity and request a refund.
11:08:38 Sorry about that.
11:08:39 It's our money now.
11:08:40 You know, you paid something you weren't supposed to.
11:08:43 That's their problem.
11:08:44 What I am talking about is they are paying the registry fee
11:08:47 to start with, and you said that one of the things is that
11:08:50 it has to not only be foreclosed but also has to be vacant.
11:08:54 But that's one of the processes that they are required to
11:08:56 do, the onus is on them.
11:08:58 See, way don't understand is why -- why are we putting all
11:09:03 of the responsibilities and all of the requirements on the
11:09:08 city, that the city needs to do this and the city needs to
11:09:11 do that and the city needs to be careful of this?
11:09:13 The responsibility and the onus should be on the folks doing
11:09:16 the foreclosing.
11:09:18 So even in our processes, it says in here that -- let me see
11:09:27 which page this is.
11:09:28 It says the city code section 19-135 requires to inspect any
11:09:33 real property upon default of the mortgagor prior to the
11:09:37 issuance of notice of default.
11:09:39 The mortgagee shall within 15 calendar days of the
11:09:44 inspection register the property with the City of Tampa.
11:09:48 So they are doing that.
11:09:51 I don't follow what you are trying to say here.
11:09:54 It requires the property to be foreclosed.
11:09:56 It requires the property to be vacant.
11:10:00 >>ERNEST MUELLER: Right.
11:10:00 But once it comes out of foreclosure, or what's happening
11:10:02 now at times since banks are dismissing their foreclosure
11:10:06 action, the lis pendens --
11:10:10 >>LISA MONTELIONE: Why is that?
11:10:13 >>ERNEST MUELLER: Because you are saying why are we not
11:10:15 collecting monies? Part of this may be monies we are not
11:10:17 entitled to collect because they are no longer in
11:10:19 >>LISA MONTELIONE: But that would be for them to tell us.
11:10:22 That would be for them to say we don't owe you this money.
11:10:25 If they don't notify us that they don't owe it to us and
11:10:28 they pay us, and they don't request a refund --
11:10:32 >>ERNEST MUELLER: Again, if I am following what you are
11:10:34 saying, your presumption there is that they paid us.
11:10:41 And they may not --
11:10:44 >>LISA MONTELIONE: What you are saying is you are doubting
11:10:45 that the audit number is correct.
11:10:47 You are doubting that --
11:10:52 >>ERNEST MUELLER: You asked me to come up and talk about a
11:10:54 collection plan which I am not in a position to talk about.
11:10:56 But I also told you that you are talking about uncollected
11:10:59 moneys, and it may be that some of these moneys that they
11:11:03 think that should be collected may not be collectible
11:11:07 because they are not in foreclosure.
11:11:09 There's a lot -- and I'm trying to tell you that there's a
11:11:12 lot of legal issues that would be involved in looking at
11:11:15 this, you know.
11:11:18 I'm not in a position to even respond to it.
11:11:21 >>LISA MONTELIONE: Well, then the audit should have, before
11:11:25 they said there was 452,122.50 that is delinquent, they
11:11:33 should have verified that those properties, and those banks
11:11:40 owe the 452,122.
11:11:44 So the audit should have taken those properties that had
11:11:46 delinquent accounts and verified whether or not they really
11:11:49 owe us the money.
11:11:50 Because if they didn't owe us the money then it's not
11:11:54 So then somebody from audit should be in here to answer that
11:11:58 question of whether that task was performed.
11:12:04 Because you are wondering whether or not they actually owed
11:12:08 us the money.
11:12:09 But I'm thinking the audit shouldn't have said that it's
11:12:11 delinquent if they didn't owe us the money.
11:12:14 So we are going to go around in circles about that.
11:12:16 But that would be my issue there.
11:12:19 >>ERNEST MUELLER:
11:12:22 >>HARRY COHEN: The other two would like to speak and I want
11:12:25 to see if we can go around and double back.
11:12:27 >>LISA MONTELIONE: Well, there's a couple other points that
11:12:31 I want to make and then I'll turn it over.
11:12:36 It's recommendation number 2 says that after implementation
11:12:40 of the resource planning, work with general accounting and
11:12:46 innovations to develop an interface between the financial
11:12:51 system and accounts assemble.
11:12:54 Is that not already a part of the plan, the ERP
11:12:57 >> Yes, it is.
11:12:58 >> So then we don't need to develop a separate interface?
11:13:02 >>JAKE SLATER: I don't know that answer.
11:13:06 >> So after the 30 days I am going to ask you to come back
11:13:09 and discuss this as part of the other issues that we are
11:13:12 going to discuss that we asked for a month or so ago,
11:13:18 because I had asked for technology and innovation to answer
11:13:24 some of these questions, as someone who is knowledgeable
11:13:27 about ERP, but he has either decided not to come, or could
11:13:30 not make it.
11:13:32 I don't see him here.
11:13:33 >>JAKE SLATER: He was unavailable from what I understand.
11:13:37 >>LISA MONTELIONE: And nobody else from his department was
11:13:40 available to come.
11:13:42 So I think the last point I want to make is that I was on
11:13:45 the Web site, and I mentioned this to you the other day, but
11:13:49 I was on the Web site, and the fact of how he talks about
11:13:59 business tax receipts and -- it pretty unclear that this is
11:14:04 a page that talks about the rental property and the
11:14:08 foreclosure registry.
11:14:09 But the point I want to make is down here it says, if I have
11:14:12 a house or apartment that I rent, do I need a business tax
11:14:17 The answer on our Web site is yes.
11:14:20 Existing rental units we're not currently certified by
11:14:22 either revocation or preexisting certificates or failing to
11:14:27 obtain a certificate must pay an initial fee of $35 per
11:14:30 unit, existing units, certificate of compliance, may pay a
11:14:35 certificate maintenance fee of $10 per unit.
11:14:38 Well, when you call, that's not the case.
11:14:42 When you call the single-family home at 5772, and the second
11:14:46 year it's 3272.
11:14:49 So we don't even have the correct information on our Web
11:14:53 And even to find this information took my aide, who is
11:14:57 pretty accomplished, probably about an hour to find where
11:15:02 that information is.
11:15:04 So, you know, after a year and a half or two of talking
11:15:08 about this, it's getting very frustrating.
11:15:11 One last thing.
11:15:12 We got a call today, August 22nd, she's probably at home
11:15:17 watching, the president of the Forest Hills neighborhood
11:15:20 association, who says there are squatters, they are
11:15:26 occupying vacant homes that are, I guess she has verified
11:15:32 these are foreclosed homes by going to the property
11:15:34 appraiser's Web site or something, and said that when she
11:15:39 calls, Tampa Police Department tells her there's nothing
11:15:41 they can do about it.
11:15:42 The code enforcement district supervisor also said there's
11:15:46 nothing that they can do about it.
11:15:50 I read in the newspaper recently where squatters in
11:15:52 different houses and different counties were being evicted
11:15:55 and found to be trespassing.
11:15:57 So I'm not sure why we are telling people that we can't do
11:16:01 anything about this.
11:16:02 And I'm through.
11:16:03 >>HARRY COHEN: Councilman Reddick and then Councilman
11:16:08 >>FRANK REDDICK: Thank you, Mr. Chair.
11:16:19 I just had one question, and that is, have we entertained
11:16:26 the thought of the collection agencies?
11:16:33 Hiring a collection agency?
11:16:35 >>JAKE SLATER: We tried that with unpaid -- this is taxes,
11:16:38 and ambulance rates and unpaid ambulance runs a couple years
11:16:43 ago, and the overall success wasn't what we had anticipated.
11:16:49 But we have tried once.
11:16:50 And I think the budget people would be better in a position
11:16:57 to give you the fact and figures about the collection
11:17:00 >>FRANK REDDICK: The reason I was asking that is because
11:17:03 I'm seeing more and more municipalities reaching out and
11:17:07 getting collection agencies to go after these dollars, and
11:17:14 to the collect them.
11:17:32 >>LISA MONTELIONE: I just was han add note that Russell
11:17:36 Houser's wife is in the hospital so my sincere apologies to
11:17:39 Mr. Houser.
11:17:42 >>FRANK REDDICK: It's been a wild day.
11:17:46 Let me just say, I noticed on municipalities that they are
11:17:52 just trying to utilize collection agencies or to go after
11:17:55 those collectible funds, and I'm just wondering, has the
11:18:00 city pursued that and gave some thoughts that you are going
11:18:05 to be coming back -- I heard earlier that you will come back
11:18:08 in 30 days.
11:18:09 I would like to see that to include what we have done to
11:18:15 look at, other municipalities, that use a collection agency
11:18:21 and the success rate they are having pertaining to
11:18:24 collecting those collectibles on.
11:18:27 >>JAKE SLATER: I will be more than happy to Don that,
11:18:29 counsel Councilman.
11:18:38 >>MIKE SUAREZ: Got beat up a little today and got a little
11:18:44 blood on your face.
11:18:44 The points that Mrs. Montelione made and Mr. Reddick has
11:18:47 just made were some of the things I was going to discuss.
11:18:49 One of the problems I think we have got here, Jake, is that,
11:18:53 you know, code enforcement is not a collection agency.
11:18:56 We are not as a city built for collection.
11:18:59 We are just not good at that.
11:19:01 We have we never everybody.
11:19:03 There's a reason why they have a taxing authority that
11:19:06 collects on all kinds of different taxes, is because usually
11:19:08 people, most people are good about responding to taxes,
11:19:19 fees, things they have to run.
11:19:21 Mr. Mueller, come up here.
11:19:23 Not up here but over there.
11:19:32 We have spent millions of dollars on a new system that's
11:19:35 supposed to do lots of wondrous things.
11:19:38 We paid for it.
11:19:38 We want to make sure that we can make that go forward.
11:19:41 I would suggest -- and I think this is along the lines of
11:19:44 what Mr. Reddick was talking about -- resolve all of the
11:19:47 legal issues that we need to look at so that we can then --
11:19:51 and I think we should get together with the business tax
11:19:55 folks, you, anyone else who is in charge of collecting so
11:19:58 that we can put together a process immediately to start
11:20:02 looking at how we collect it.
11:20:04 Now, you brought up quite a few points about the legality of
11:20:08 whether or not it is on the registry, and should be on the
11:20:11 registry or not.
11:20:13 And I think that part of what our new system is supposed to
11:20:17 do is we are supposed to be a much better collector of big
11:20:22 data, lots of reams of information that we can easily access
11:20:25 and easily identify and verify based on that information.
11:20:31 And again, that is not your responsibility.
11:20:33 And what I am saying is I think that everyone has to get in
11:20:36 the room and not be siloed and say here are the legal
11:20:41 issues, how can we work this the through our collection side
11:20:44 of it, and can we get information on a timely basis that
11:20:49 allows us to do these things?
11:20:51 And, you know, you need to work hand in hand with them.
11:20:54 And I know you do.
11:20:55 I'm not saying you don't.
11:20:56 But we need to really kind of come back together and just
11:21:00 sit down, hash it out and come forward with a good process.
11:21:03 Because this process obviously isn't working.
11:21:06 And this is not the only issue as we have talked to in the
11:21:09 past in terms of collection for code enforcement fine.
11:21:13 You know, it is a unique process that we have, because there
11:21:19 are so many legal issues attached to code enforcement,
11:21:22 because of people's unique property rights, where they live
11:21:25 or where they have a business.
11:21:26 So I understand that.
11:21:27 I want you to know that I understand that.
11:21:29 And that under the circumstances never -- absolutely.
11:21:32 We can do this tomorrow.
11:21:33 And I want to point that out.
11:21:35 The only caveat I would have with collection agencies are
11:21:40 And being in the business world in terms of, you know, the
11:21:43 statement, you eat what you kill, part of the problem with
11:21:47 collection agencies is that they are sometimes a little bit
11:21:51 too aggressive, and extremely rude in terms of getting
11:21:55 dollars back.
11:21:57 We as a city should probably find a happy medium that we get
11:22:04 a look at a collection agency that will be not only strong
11:22:09 and getting money, that we are owed, but also respect people
11:22:12 that need to make these payments.
11:22:15 Because every case is different.
11:22:17 We can't paint a broad brush as everyone else who owes us
11:22:20 money and we need to figure out how to do that.
11:22:23 Jake, you know, this is something, I think Mrs. Montelione
11:22:26 pointed it out very distinctly, is something we have talked
11:22:29 about for quite some time.
11:22:30 On all the tools you need, you need to come to us and tell
11:22:33 us, we need these things, because she made a very good point
11:22:37 in saying we have got half a million dollars sitting out
11:22:40 there that potentially sitting out there, that we should be
11:22:43 able to get and pour that back into code enforce: If we
11:22:54 can't do that then we shouldn't have this registry, to do
11:22:57 things if we cannot continue to collect on the dollars we
11:23:01 are owed.
11:23:02 And I think if you could take my suggestion and some of the
11:23:04 words that we have said up here to heart, which is come up
11:23:08 with a better process, work on it, as quickly as possible,
11:23:13 come back to us with the suggestion so that we can give you
11:23:16 the tools to go out and collect these fines, because if we
11:23:20 don't start doing this, it's only going to get worse.
11:23:24 The foreclosure issues that have happened over the last five
11:23:27 years, six years, have not gotten better, and won't get
11:23:33 better until the economy turns around.
11:23:35 We are doing pretty well.
11:23:36 We are not doing robustly.
11:23:38 So we need to make sure that these are taken care of.
11:23:41 And those banks that are involved and to identify those
11:23:45 banks that are involved in terms of not being able to pay
11:23:48 these dollars, we want to make sure that they don't get any
11:23:51 dollars from the City of Tampa, or any business from the
11:23:55 City of Tampa because they haven't come forward and provided
11:23:58 and being a good partner in paying what they owe to us.
11:24:00 And I think that's a significant part of this.
11:24:03 And I know that you know that.
11:24:04 I know that.
11:24:05 I think everyone in this room knows that, that when you are
11:24:07 dealing with a bank, it's a lot easier to put your money in
11:24:12 than to get it out especially if they are in charge of, you
11:24:15 know, trying to get money from a third party.
11:24:20 So I would suggest and reiterate your motion and put a
11:24:24 friendly amendment that you all come back holistically and I
11:24:28 think that you ought to talk to the folks at T&I to figure
11:24:33 out a an intelligent process of tracking this as quickly and
11:24:36 as succinctly as possible.
11:24:38 Because we are not doing a good job.
11:24:43 Ernie, you have to be lead guy on this because you have to
11:24:45 give us the best legal advice you can as to how we can
11:24:48 proceed, and then find a process to put together, because we
11:24:51 can't keep up with the demand of this, 'n unless we come up
11:24:56 with a way of putting a process together that's going to
11:24:58 solve everyone's questions.
11:25:01 We are not going to get 100% of this money back.
11:25:04 But at the very least we should be getting more than where
11:25:07 we are at now.
11:25:08 And I think that the audit obviously shows that.
11:25:10 >>HARRY COHEN: Thank you very much, Mr. Suarez.
11:25:13 Let me make a brief comment before I ask if anyone has
11:25:16 anything to added a then we'll get to the motion.
11:25:23 All of what three council members said is correct and I
11:25:26 applaud Councilwoman Montelione for going through this with
11:25:31 such precision.
11:25:33 Let me make a comment to Mr. Suarez' point first about the
11:25:37 use of collection agencies.
11:25:41 There are collection agencies out there that specialize in
11:25:46 collecting debts that are owed to government agencies.
11:25:50 And everyone specifically will allow the client to pass all
11:25:57 the letters that are sent out, if you don't want people
11:26:00 called after 8:00 at night you can specify to them not to
11:26:03 call after 8:00 at night.
11:26:04 The client is able to design exactly what they think is the
11:26:08 appropriate level of pressure to put on the person that owes
11:26:14 the money.
11:26:14 So that's the first thing.
11:26:17 The second thing is that what I hear from everyone up here
11:26:20 is that it's not so much -- oh, and the second thing is that
11:26:27 they will take all of the money that is owed, and the
11:26:33 collection agencies are happy to figure out who owes what
11:26:38 and pull it back if the person says that they don't owe the
11:26:42 So that is not the responsibility of the city if you
11:26:45 actually contract with a third party collection agency.
11:26:51 The usual you, I think, that is authentic to everyone up
11:26:55 here is not that our collection efforts aren't adequate.
11:26:58 It's that we don't seem to have any.
11:27:00 And, you know, when we last talked about this subject, I
11:27:05 think it was me that brought up that oftentimes without a
11:27:10 big stick, these collection agencies can only be so
11:27:14 If you can't suspend someone's driver's license, for
11:27:17 example, for the commission of the infraction, it's a lot
11:27:22 tougher to get them to pay if all you can do is attach their
11:27:25 credit rating.
11:27:26 But Councilman Miranda brought up the idea, when we last
11:27:30 talked about this, of code violation fund to property owners
11:27:38 tax ad valorem tax bill.
11:27:39 I think a combination of that, with an aggressive municipal
11:27:44 collection agency effort, would probably bring us into a
11:27:54 third to half.
11:27:55 And everyone said it very eloquently today, is the
11:27:58 frustration that we are not doing anything.
11:28:00 And that's really all I have to say about the subject.
11:28:03 And I would like to entertain a motion to direct us how we
11:28:08 are going to come back and talk about this further in the
11:28:11 >>FRANK REDDICK: This collection agency, a lot of cities
11:28:21 are using, legal can see who they are using and determine
11:28:26 those that are doing what they are supposed to be doing and
11:28:30 not being aggressive and reaching out and trying to get -- I
11:28:34 think we want the half million dollars.
11:28:40 You can get a lot of tractors and lawnmowers to do that work
11:28:45 out there.
11:28:46 So in that case, Mr. Chair, let me move that Mr. Slater and
11:28:51 legal work together and research the municipalities that
11:28:54 have collection agencies, and that -- how much time do you
11:29:00 >> We are actually coming back to council on September
11:29:05 >>FRANK REDDICK: That would be fine.
11:29:09 Add to the laundry list.
11:29:11 Respond back on the 26th with a recommendation.
11:29:16 Based on your research.
11:29:17 >>LISA MONTELIONE: Second.
11:29:19 And I would ask -- and I'll make this as a separate motion.
11:29:25 So I second that motion.
11:29:26 >>HARRY COHEN: Before we vote on the motion I just want to
11:29:29 add one thing.
11:29:29 And that is you can really get creative with these
11:29:32 collection agencies by hiring more than one of them and
11:29:34 asking them to compete against each other to see who does
11:29:37 the best job of collecting with the promise that the
11:29:39 collection agency that does the best job will get more of
11:29:41 the share of the business.
11:29:43 So with that, we have a motion from Councilman Reddick,
11:29:47 seconded by Councilwoman Montelione for a staff report back
11:29:50 on September 26th.
11:29:51 All those in favor please indicate by saying aye.
11:29:56 Councilwoman Montelione.
11:29:57 >>LISA MONTELIONE: Thank you.
11:30:02 I think you should have Councilman.
11:30:04 >>HARRY COHEN: Subtle with you on how that collection
11:30:06 agency works, because in his work with clerk's office, which
11:30:11 do just that, there are maybe some violations they can pull
11:30:18 somebody's driver's license.
11:30:20 But I don't see why we couldn't even just contract with the
11:30:24 clerk's office to perform the service for us.
11:30:27 But, anyway, we'll discuss that on the 26th.
11:30:33 I also want to make the motion that T&I appear to address
11:30:39 the issues of the ERP process, how that is going, when we
11:30:42 can expect implementation and whether or not all of the
11:30:48 interfaces that we need to happen between business tax and
11:30:50 the revenue side of our city are able to talk to one ooh
11:31:01 another electronically.
11:31:03 Thank you.
11:31:05 And if not Mr. Hall pert then one of his staff.
11:31:09 >>HARRY COHEN: Seconded by Councilman Suarez.
11:31:12 All in favor?
11:31:14 >>LISA MONTELIONE: And that was also for your purposes --
11:31:21 10 a.m.
11:31:22 I would also like to have a report back to find out why
11:31:31 citizens are being told that code enforcement and Tampa
11:31:34 Police Department cannot do anything about squatters in
11:31:37 vacant homes in our city.
11:31:39 >> September 26th at 10 a.m.
11:31:46 >>HARRY COHEN: Motion from Councilman Montelione, seconded
11:31:50 by Councilman Suarez.
11:31:52 All in favor?
11:31:54 >>LISA MONTELIONE: And Ernie and Jake, I have the utmost
11:31:59 respect for the two of you.
11:32:01 We have worked together for a long time.
11:32:03 It seems like a long time to me.
11:32:04 And we have discuss add lot of things and Ernie has a lot of
11:32:08 really good ideas.
11:32:09 It's time to start moving on them. We can't keep kicking
11:32:14 this can down the road.
11:32:15 Thank you.
11:32:16 >>HARRY COHEN: Item number 110.
11:32:17 >>JAKE SLATER: Thank you, council.
11:32:19 >>REBECCA KERT: Legal department.
11:32:24 This item is a request for a special use permit.
11:32:26 It is here pursuant to a statutorily required settlement
11:32:32 discussion agreement.
11:32:35 Just to refresh City Council's recollection, this case last
11:32:38 came to you on May 23rd, 2012 with a request for beer,
11:32:42 wine and liquor for on-premises consumption in conjunction
11:32:46 with a bar and lounge.
11:32:48 Tampa Police Department based on the fact that because the
11:32:51 locations were somewhat isolated and had such a large
11:32:55 occupancy that there were problems at closing time, a drain
11:32:59 on their resources as well as parking issues in the area.
11:33:01 The Development Review Committee found the request to be
11:33:04 inconsistent, but the waiver to parking from 263 to 32 was
11:33:10 excessive and would result in negative assessment of
11:33:15 surrounding areas and drains on enforcement activity.
11:33:18 City Council made a motion which passed to deny the request
11:33:21 finding it did not meet the code's general standards of the
11:33:26 proposed plan and would created a verse effects on parking.
11:33:29 Subsequent to that, the property owner filed a request under
11:33:32 Florida statute section 70-51 as called a request to relieve
11:33:36 and the city is required to enter into discussions with an
11:33:40 intent of identifying any conditions that could address the
11:33:43 basis for denial.
11:33:45 We are also required to have parties present who are able to
11:33:49 make a recommendation to City Council on whether there are
11:33:56 any withins for basic denial.
11:33:58 There was Catherine Coyle.
11:33:59 There was also major O'Connor who at the time was in charge
11:34:03 of the downtown area, at the area where the property is
11:34:09 located, as well as officer Miller.
11:34:12 Subsequent to that, sergeant Hamlin is in charge of the area
11:34:16 and I have also reviewed those conditions with him, and he
11:34:19 found those acceptable as did Ms. Coyle and officer Miller.
11:34:24 I have transmitted to you twice at this point what those
11:34:29 conditions are, but to briefly review the applicant has
11:34:31 agreed to limit the occupancy to the first floor.
11:34:35 That would result in a decrease in allowable occupancy from
11:34:39 1050 which was the previous proposal to 503.
11:34:43 Secondly, the applicant has agreed to obtain parking
11:34:47 sufficient to meet City of Tampa code for the new occupancy
11:34:50 number, and that no parking waiver will be requested as part
11:34:54 of the new request.
11:34:56 He's also agreed to limit his hours of operation on Sunday,
11:35:01 Monday, Tuesday, and Wednesday to 1 a.m.
11:35:06 They have also agreed to obtain two off-duty extra duty
11:35:11 sworn law enforcement officers at any time that the
11:35:14 occupants exceed 200 persons.
11:35:17 Those officers would stay until at least 1:30 so they would
11:35:22 be there a half hour after closing which is not typically
11:35:25 required, and they would have interior security personnel at
11:35:28 a number equalling 1 for 150 occupants.
11:35:31 On Thursday, Friday and Saturday, the operation will be able
11:35:34 to stay open until 3 a.m.
11:35:36 And the security will remain the same except for the fact
11:35:39 that they will be again staying half an hour after closing
11:35:43 to attend the 3:30. You received a coast letter from the
11:35:51 special magistrate in this case, who forwarded to you the
11:35:55 agreed-upon conditions, and recommended that council be
11:35:58 informed that fairly represent the mutually acceptable
11:36:02 conditions and that the council favorably consider the
11:36:05 proposed conditions.
11:36:08 I will ask them to come up and give you the typical report,
11:36:13 and also we have the applicant is in the room as well.
11:36:16 >>CATHERINE COYLE: Planning and development.
11:36:20 I'll be brief.
11:36:21 Mrs. Kert actually hit all the factual points.
11:36:24 Just to reorient you to the site itself.
11:36:29 I'll show you the photos from the case file.
11:36:31 This is the building itself.
11:36:37 There's a parking lot under the direct control of the
11:36:39 building and the property own area cross the street.
11:36:42 This is a view looking north.
11:36:47 You see the building and the parking lot.
11:36:49 And then back south of that block looking towards downtown.
11:36:55 As Mr. Ms. Kert said the occupancy was 1050.
11:37:00 It's a two-story building.
11:37:03 Which was one of the reasons that caused concern, and the
11:37:08 objection in the report, the original report.
11:37:11 But the occupancy was high and required parking.
11:37:14 What they did was they worked with the fire marshal's office
11:37:18 through various inspections and certain physical changes to
11:37:22 the structure to limit it to one floor at 503 occupants.
11:37:29 I have the inspection report which they are going to be
11:37:31 placing those conditions on the site plan.
11:37:35 Also the parking ratio would be 126 spaces and they have
11:37:39 gone through the alternative parking process.
11:37:42 They secured the leases that were approved by the legal
11:37:44 department and the off-site parking spaces actually meet our
11:37:48 code and that was approved in the design exception process.
11:37:51 So it is approved off-site parking so they actually meet the
11:37:56 conditions of the code for the parking and the occupancy
11:37:58 issues that we had originally.
11:38:00 >>FRANK REDDICK: Mr. Chair.
11:38:05 Thank you, Ms. Coyle.
11:38:06 I see this is for first reading.
11:38:11 If this is approved today, what will be the earliest we
11:38:18 would have it done?
11:38:20 >> Typically, three weeks, I believe.
11:38:23 It's on your calendar for the next regular hearing.
11:38:26 I would defer to the applicant as well because they will
11:38:28 need to revise the site plan and update the legal
11:38:32 description to include the first floor.
11:38:35 But that typically can be done between first and second
11:38:38 reading and I believe normally it's about three weeks.
11:38:41 >>FRANK REDDICK: About three weeks?
11:38:42 >> The clerk can verify when the next meeting is.
11:38:46 >>THE CLERK: The next regular meeting is September 12th.
11:38:48 >>FRANK REDDICK: And the reason I pose that question is
11:38:52 because, I mean, if this has been a business, and that
11:38:56 business has been sitting there, can't function, these
11:38:58 people lost a lot of their income, and we have postponed
11:39:03 this before, and continued before, and now it seems like
11:39:09 everything is a mess.
11:39:16 I would like to see them get back in operation.
11:39:18 They are losing a lot of money.
11:39:20 And I can understand their frustration.
11:39:22 So that's why I pose that.
11:39:24 If this passes, we can do that.
11:39:28 And I guess if they can meet this between that time frame, I
11:39:34 >> Good morning, Mr. Chairman, members of council.
11:39:47 Bruce McLaughlin, 900 Gulf Boulevard, suite 303, Indian
11:39:52 rocks beach, appearing for petitioner.
11:39:54 I have been sworn.
11:39:55 Mr. Chairman, I have an affidavit of authorized agent and
11:39:59 also will be giving you some testimony.
11:40:05 Mr. Chairman, I am representing Mr. Morito, the landlord,
11:40:19 stray is the tenant, Luke Lirot their attorney is out of
11:40:22 town so I have the pleasure of peering before you today.
11:40:25 I don't think I have appeared before any of you before
11:40:28 because it's been awhile since I worked on something that
11:40:33 required council approval.
11:40:34 I have a bachelor of arts in political science, masters in
11:40:37 science and land use planning, and I'm a member of the
11:40:41 American institute of certified planners, which is the
11:40:43 equivalent of licensing in Florida.
11:40:47 Several other projects in Tampa over the years, but as I
11:40:49 said, I don't think there's been anything that has come
11:40:52 before council in five years.
11:40:55 This was approved for an A-B conditional one-year approval
11:41:00 in 2011.
11:41:03 Conditional approval inadvertently was not renewed.
11:41:07 The renewal application then kicked into gear and came
11:41:11 before you in May of 2012.
11:41:15 The application was denied, probably overreached a little
11:41:19 bit, and there were certainly issues that needed to be
11:41:26 The applicant then went through the special magistrate
11:41:29 relief process and land use.
11:41:34 An agreement was reached, as Ms. Kert said, with
11:41:36 representatives of the TPD, planning department and city
11:41:39 attorney's office and the applicant.
11:41:44 The concerns that you see reflected in the May 2012
11:41:48 transcript, each and every one of those, when you look back
11:41:51 at the transcripts, you will see that each and every one of
11:41:54 those concerns has been addressed.
11:41:56 In particular, the second floor, both fire issue and
11:42:01 capacity issue, and the capacity therefore drops from 1050,
11:42:05 drops by more than 50% to 503.
11:42:09 Obviously, the benefits to that reduction, fewer spaces are
11:42:16 required and obviously the crowd will be less than 50% of
11:42:18 what it might have been.
11:42:21 As staff indicated, the parking is up to code.
11:42:24 We have firm lease agreements that have been approved by the
11:42:26 city legal department.
11:42:29 To use adjacent parking lots in the code parameters.
11:42:33 So all of that is under control.
11:42:36 We have agreed on hours of operation that will work for both
11:42:39 the owner and the city and the TPD.
11:42:44 And we have agreed to exterior security to be provided by
11:42:49 the Tampa Police Department, or other sworn law enforcement
11:42:52 officers, and inside security to be provided by private
11:42:58 security guards, but who would be licensed under Florida
11:43:06 The need for police, sworn law enforcement on the exterior
11:43:12 was triggered by a threshold of 200 patrons, a number of
11:43:18 interior security guard triggered by the number of patrons,
11:43:21 I think one in 150.
11:43:25 We will have people on standby, and we will over the first
11:43:30 few months get through a track record and see what we have
11:43:34 got so that we can project ahead and make sure that the
11:43:41 internal and external security is provided.
11:43:44 The solution before you is mutually agreed as a result of a
11:43:49 negotiation between the city and the applicant.
11:43:52 I would like to thank Ms. Kert and Ms. Coyle and the rest of
11:43:56 their staff for their efforts in putting this together.
11:43:58 And we will address what Ms. Coyle said a few minutes ago
11:44:03 about tweaking the legal, limit to the first floor,
11:44:07 adjusting the site plan to reflect the off-site property.
11:44:10 But what you have -- and we'll get that done before second
11:44:14 reading on September 12th.
11:44:16 What you have before you is a good solution to a somewhat
11:44:20 difficult problem, as negotiations on both sides, I think,
11:44:23 show very good faith, and they particularly show the
11:44:26 benefits of the dispute resolution.
11:44:28 Mr. Chairman, I would be glad to answer any questions you
11:44:30 may have.
11:44:42 >>CHARLIE MIRANDA: Anyone from the audience? This is public
11:44:45 hearing 110.
11:44:46 I see none.
11:44:47 I have a motion to close by in Reddick.
11:44:48 I have a second to close by Mr. Cohen.
11:44:51 All in favor of the motion to close, please indicate by
11:44:54 saying aye.
11:44:54 Opposed nay.
11:44:55 The ayes have it unanimously.
11:44:56 Mr. Reddick.
11:44:57 >>FRANK REDDICK: Move an ordinance being presented for
11:45:00 first reading consideration, an ordinance approving a
11:45:03 special use permit S-2 for alcoholic beverage sales,
11:45:10 restaurant, making lawful the sale of beverages regardless
11:45:15 of alcoholic content, beer, wine and liquor, on that certain
11:45:18 lot, plot or tract of land located at 1701 North Franklin
11:45:21 Street, Tampa, Florida as more particularly described in
11:45:24 section 2 that all ordinances are or parts of ordinances in
11:45:28 conflict are repealed providing an effective date.
11:45:31 >>CHARLIE MIRANDA: Second by Mr. Cohen.
11:45:32 All in favor?
11:45:34 The motion passes 4 to 1.
11:45:40 >>THE CLERK: Second reading of the ordinance will be held
11:45:42 September 12th at 9:30 a.m.
11:45:47 >>CHARLIE MIRANDA: We go to item 111.
11:45:56 >>CATHERINE COYLE: Planning and development.
11:46:01 I did bring hard copies forward with the color versions of
11:46:09 the pictures and the aerial.
11:46:12 As well as the large format plan that you have before you
11:46:15 with all the markups, 8.5 by 11 copy and a report in the
11:46:21 packet as well.
11:46:22 I apologize for the delay on the staff report.
11:46:24 There were some recent items that were discovered through
11:46:30 our office and with the applicant and I will go and see in
11:46:34 light of the state regulations as well, there were some
11:46:37 changes that need to be made, which call for the staff
11:46:41 report to be delayed.
11:46:42 But, anyway, the application V-13-32 located at 3201 and
11:46:49 3205 Bay to Bay, specifically 3203, is requesting a
11:46:54 restaurant, alcoholic beverage sales, with beer and wine
11:46:57 only, and on-site consumption only.
11:47:01 The inside area is 1079 square feet.
11:47:05 Outside area is approximately 294 square feet.
11:47:09 For a total 1373.
11:47:11 Square footages will need to be revised and verified through
11:47:16 an updated legal description.
11:47:18 And I will give you a little bit of context.
11:47:22 The location is on Bay to Bay as I mentioned.
11:47:25 It is just west of MacDill on the north side.
11:47:37 This is the outside area looking east.
11:47:50 This is the covered patio.
11:47:54 It is shown on the site plan.
11:47:55 This is the parking to the rear.
11:47:59 Which is also on the site plan.
11:48:03 To give you a little context, it is a fairly commercial
11:48:09 This is the unit across the street.
11:48:15 And then looking southeast.
11:48:17 Along Bay to Bay.
11:48:23 Looking north.
11:48:25 This is commercial corridor.
11:48:28 There is not an active alcohol permit on the site today as
11:48:33 noted on page 1.
11:48:36 Staff did find the request inconsistent due to the waivers
11:48:40 of distance separation.
11:48:43 It is a 1,000-foot separation between alcohol establishments
11:48:46 and this one is 85 feet away from the closest establishment.
11:48:50 Residential uses are 35 feet away as opposed to 1,000.
11:48:54 There's a reduction of parking from 20 spaces to five.
11:48:58 And there are also three waivers related to the parking
11:49:01 One for nonresidential access to a local street.
11:49:05 Reduction of drive ail from 24 feet to 19.
11:49:08 And then allowing the increase in the percentage of compact
11:49:12 spaces from 65% to 80%.
11:49:16 A couple of those waivers are the actual configuration and
11:49:19 size of the property.
11:49:23 You will note on the staff report itself in the summary --
11:49:27 and I put this up here just for reference.
11:49:29 I go through the summary.
11:49:31 And I have highlighted most everything related to square
11:49:33 footages, the parking requirements, occupant load for this
11:49:36 use will be 54 based on the calculation of the site plan.
11:49:39 And then there's a note.
11:49:46 Last week to review and finalize -- and I looked at the site
11:49:49 plan, and I will show it to you -- there was concern about
11:49:53 the way the uses were configured, in light of our
11:49:56 regulations, and inspections and enforcement and potentially
11:50:02 the way the state would do the licensing for it.
11:50:08 The hatched area and the pink area, this black box including
11:50:12 the outside area all the way around, is the actual request
11:50:16 for alcohol sales.
11:50:17 But looking at this, it is two separate units.
11:50:20 And we contacted Mr. Gardner, who is the applicant's
11:50:24 representative to verify whether or not he's going to be
11:50:27 opening between the two units or not.
11:50:29 And the concern for me was that an application for a
11:50:31 restaurant by our definition has to have the kitchen open
11:50:35 and operating at all times.
11:50:37 It was verified with me that there is no internal Papping
11:50:41 So inspectionwise from our peck speaker tiff out could walk
11:50:45 into this unit at sometime during the day and see alcohol
11:50:47 being consumed, but there's no kitchen.
11:50:50 And if you look at the approval of a restaurant -- and I
11:50:53 didn't want to run into any issues in the field with
11:50:56 enforcement, and misunderstanding or anything else.
11:50:59 Even though the site plan on-site, and we have the placards
11:51:03 there, everything a pure retail space, and a restaurant, two
11:51:07 separate units, didn't really sit in the classification of
11:51:11 The way I look at it.
11:51:12 And so in my conversations with Mr. Gardner, he called the
11:51:16 state as well just to find out about the licensing, and
11:51:19 based on that conversation, contacted me back early this
11:51:22 week to let me know they would be reducing the size because
11:51:25 of the licensing requirement.
11:51:27 So instead of writing a report based on the site plan dated
11:51:31 June 28th, the way it was, and how it could be
11:51:36 completely confusing to you and with the state licensing
11:51:40 requirements as well, I thought it would be better to mark
11:51:42 the plan up myself based on what our requirements are, my
11:51:47 conversations with Mr. Gardner, to give him clear direction
11:51:49 on what it should be, with all the corrections, and then to
11:51:53 highlight four, council, the pink area is where the alcohol
11:51:57 sales will be.
11:51:58 The hatched area will be removed from the legal description.
11:52:01 Based on this, the measurement that we did, which was more
11:52:05 or less measurement, and it will be verified between first
11:52:08 and second reading if you are inclined to approve it, is
11:52:11 about 2947 square feet outside and a little over 1,000 on
11:52:15 the inside in the pink.
11:52:17 So I just wanted to explain that to you because we are not
11:52:22 usually late like this on reports.
11:52:24 But in light of this issue, it's still able to go forward,
11:52:29 because changes can be directed between first and second
11:52:33 And they are noted on the staff report as well.
11:52:36 And the revision sheet that you normally get is the plan,
11:52:40 because it's actually marked up.
11:52:43 He has a copy of it as well.
11:52:47 All of the conditions, the requirements are on page 4, 5 and
11:52:51 6 for restaurant.
11:52:52 And for special use permits.
11:52:55 Again I just want to reiterate that there are inconsistent
11:53:00 findings of staff based on the reduction in parking and the
11:53:02 distance separation.
11:53:04 But if council is so inclined to approve the request, the
11:53:07 changes can be made between first and second reading.
11:53:11 >>MIKE SUAREZ: Ms. Coyle, quick question.
11:53:14 One of the waivers is required number of parking spaces from
11:53:19 20 to 5.
11:53:19 When this was first disowned as a restaurant, was that the
11:53:25 same waiver?
11:53:26 Or is at different waiver?
11:53:29 Do you understand what I am saying?
11:53:30 I have been to the location before.
11:53:32 And I would be hard pressed by 20 spaces.
11:53:37 There's nothing physically that's different.
11:53:40 >> What this is technically is --
11:53:44 >>MIKE SUAREZ: Wait a second.
11:53:46 The question is the waiver is additionally put on here
11:53:49 because of the change of use, not because there's any
11:53:52 other -- I mean, you know, the waiver was --
11:53:59 >>CATHERINE COYLE: The last permitted use in this particular
11:54:01 site was a coffee shop with take-out which was ten feet or
11:54:06 And then things change over time.
11:54:09 And when they are brought in for us to review, they have
11:54:11 more than ten feet, so as a restaurant, with actual
11:54:16 occupancy, it triggered a change of use.
11:54:20 Whether or not they can accommodate parking off-site through
11:54:23 agreements and so on which they were able to do, so a waiver
11:54:31 at this point.
11:54:32 >> Truett Gardner, 400 north Ashley street.
11:54:37 Before I Guinea want to clarify a few things.
11:54:39 One you brought up, Mr. Suarez.
11:54:40 And then another on the site plan, what we are trying to
11:54:43 accomplish, and what we are doing now.
11:54:48 I will handle that one first.
11:54:50 This blue hatched area is called --
11:55:02 Got it.
11:55:05 The hatched in blue is what's the Pinky's Inn, purely a
11:55:11 retail establishment, and no restaurant, nobody serving
11:55:15 food, nobody ever intended to serve food.
11:55:18 The concern was that some of the patrons at Pinky's will
11:55:22 wander into the retail establishment with a beer, glass of
11:55:26 wine, and for enforcement reasons, we just didn't want them
11:55:29 to get in trouble for somebody wandering in.
11:55:34 The best of intentions has complications and it was just
11:55:37 easiest to remove it because we were increasing our parking
11:55:40 count by trying to do that for a use that wasn't going to be
11:55:43 used for a bar or restaurant purpose.
11:55:49 Secondly, to address your question, Mr. Suarez, on the use,
11:55:53 in 1995, this was approved for being there cafe which was a
11:56:01 breakfast type use that existed for 18 years.
11:56:05 Pinky's picked up the business six years ago and began
11:56:08 So it's operated in that as a breakfast-lunch plait place
11:56:13 since 1995.
11:56:14 The building itself since 1949.
11:56:16 And one other historical factor, it previously was wet
11:56:25 It was reconstituted.
11:56:27 As Cathy said, we are here for special using for sale of
11:56:30 beer and wine.
11:56:31 Absolutely no liquor.
11:56:32 And it really for consumption on premises.
11:56:34 I had the pleasure of representing Cary and Jacob Shirai,
11:56:40 husband and wife, owner of Pinky's, and together embody
11:56:44 everything that's great about a local business.
11:56:45 Cary asked me when we began what she could do to help this
11:56:49 She's quickly become one of my favorite clients.
11:56:51 I told her, go get support.
11:56:54 She started an online petition, where 426 people have
11:56:58 submitted that.
11:57:00 I submitted that to the clerk's office earlier this week and
11:57:02 then had a signature petition in the restaurant.
11:57:08 I think the Rays infield, a bunch of former mayors,
11:57:12 politicians, business owners, 1,164 signatures which I have
11:57:20 not submitted but will do so right now.
11:57:26 And Cary and Jacob are going to speak.
11:57:32 I think you will find again just how amazing they are as
11:57:36 local business owners and what a good store this is.
11:57:39 This petition was borne out of their customers saying we
11:57:43 would like to have a Mimosa with our breakfast or beer with
11:57:47 our lunch.
11:57:47 So that's what we are here to do.
11:57:49 To give you an overview of this area, and this pertains to
11:57:54 alcohol, this is the Pinky's establishment here.
11:57:58 This is their side street, Esperanza.
11:58:03 This shows all properties within 1,000 feet.
11:58:06 And this is the Bay to Bay corridor.
11:58:10 These are some of the strip centers that pour into
11:58:13 MacDill but still have bases on Bay to Bay.
11:58:16 You have seven within 1,000 feet.
11:58:18 You have the Beef O'Brady's which is actually here.
11:58:20 Wings Gone Wild which is currently closed, was set to
11:58:24 The Farm Stores, which is package sales of beer.
11:58:29 This is Cappy's Pizza.
11:58:34 This is the Red Dog which was approved recently for beer,
11:58:37 wine and liquor.
11:58:38 And then this is the Max Food Mart, package sale of beer and
11:58:43 So this shows there's a prevalence of this in the area.
11:58:46 Bay to Bay as Cathy said is a corridor, residential behind,
11:58:51 and Pinky's is a neighborhood restaurant serving those
11:58:58 As I mentioned with the building, this was built in 1949,
11:59:01 previously wet zoned.
11:59:02 And a restaurant is operated in this exact location since
11:59:07 Pinky's has been in operation for six years.
11:59:11 The issue that always comes up with these is parking.
11:59:14 And there is reality of the code, and then there is the
11:59:18 practical situation that's out there.
11:59:22 The current parking situation, I put this table together,
11:59:27 shows seven off-street parking spaces in the rear.
11:59:30 Two of these when transportation came down were deemed to
11:59:32 not be code compliant.
11:59:34 So actually potentially losing two of those.
11:59:37 there are two on-street spaces on Esperanza immediately
11:59:44 adjacent to the building.
11:59:46 There are 17 spaces at Cappy's, immediately across Bay to
11:59:53 We have not gone through the design for those spaces and we
11:59:59 would probably not be approved for those but is only open
12:00:03 for dinner.
12:00:04 Pinky's is a breakfast and lunch place.
12:00:06 So they have full access.
12:00:07 There's actually a business relationship between Cappy's and
12:00:13 Pinky's for their 17 spaces.
12:00:15 And then immediately across Esperanza is a retail store
12:00:22 called Casanova. They have nine spaces of which Pinky's
12:00:29 owners have a great relationship with and have a lease for
12:00:33 Again these spaces are not code compliant.
12:00:36 So we would not need the design exception.
12:00:38 But from a practical standpoint, there are 35 spaces out
12:00:42 there today.
12:00:45 The city as Cathy mentioned is requiring 20 when they
12:00:49 reassess this.
12:00:50 So we have an existing surplus of 15.
12:00:53 If we lose the two of the seven, taking that to five, we
12:00:57 would have a surplus of 13 over what's required.
12:01:00 So we strive hard to meet that.
12:01:04 It's not perfect.
12:01:04 It's never perfect in these urban type of environments.
12:01:08 But the owners have done a great job to make this work.
12:01:12 And then lastly -- and Cary and Jacob will address this --
12:01:19 it's a small location, just over 1,000 square feet.
12:01:24 They have a line and a waiting list up to an hour on the
12:01:26 weekends, and so we are not intensifying this use by any
12:01:31 It is what it is.
12:01:32 And the only difference here is they want to be able to
12:01:36 offer beer and wine to their patrons.
12:01:39 And that's the genesis of this request.
12:01:43 I will let Cary to speak.
12:01:49 >>CHARLIE MIRANDA: Thank you.
12:01:49 I am going to need some time.
12:01:51 Council, do you want to finish with this and then leave?
12:01:54 Do you want to do the other three or four that are left?
12:01:57 We still have 13, 14, 15.
12:02:02 Do you want to give 15 minutes to conclude this one and then
12:02:05 come back?
12:02:07 Mr. Reddick has allowed 15 minutes.
12:02:09 Second by Mrs. Montelione.
12:02:12 15 additional minutes.
12:02:28 >> These are the owners and husband and wife, Jacob and Cary
12:02:35 >> I have not been sworn in.
12:02:42 (Oath administered by Clerk)
12:02:43 >> Thank you for your time to consider our application.
12:02:54 Like Truett said, we are a mom-and-pop organization, very
12:02:59 We have been actively operating, since January of 2008.
12:03:02 And continue nobody there regularly.
12:03:07 As you brought up, we are not trying to increase the volume
12:03:11 of our guests.
12:03:13 Just give them another variety of options.
12:03:17 >> We close at 2:00.
12:03:25 And we are already at capacity.
12:03:33 There's no way we can fit any more people in than we already
12:03:37 We are already established in that respect.
12:03:39 Everybody knows what where to park.
12:03:40 They park at Cappy's.
12:03:43 They park at Casanovas.
12:03:44 They know not to park next door.
12:03:48 Do not park on the other side of the building.
12:03:52 And we have a huge customer base.
12:03:55 And they know the drill.
12:03:56 >> Thank you very much.
12:04:05 >> That conclude our presentation.
12:04:07 >>CHARLIE MIRANDA: Would anyone care to speak on this item
12:04:11 Please come forward.
12:04:12 >> I have something to give council or use the overhead?
12:04:23 >>MARTIN SHELBY: Do you want council to see it all at the
12:04:25 same time?
12:04:26 Use the overhead, please.
12:04:27 Right there.
12:04:29 It's upside down.
12:04:32 I'm Marc Gaines.
12:05:04 You own the property immediately to the west of the
12:05:08 This is 3207 through 3211 Bay to Bay.
12:05:17 The applicant has grown tremendously, been very successful
12:05:21 as a business.
12:05:22 Their success is my big problem.
12:05:26 Their patrons park in my parking lot, and although they have
12:05:34 regulations, the patrons do not follow them.
12:05:37 It's a constant battle for me to maintain my parking lot.
12:05:43 It's a constant battle for me to maintain the parking spaces
12:05:46 that I provide for the tenants that I have, and for their
12:05:55 There are five on-site parking spaces at Pinky's.
12:05:58 They have some off-site parking.
12:06:00 They are proposing to increase their business hours along
12:06:04 with this change of use, to intensify the hours that they
12:06:09 will be in operation.
12:06:11 When they do so, they will be sharing their off-site parking
12:06:16 with another business called Cappy's, so the 2001
12:06:20 restaurants, in fact, will be sharing parking that they say
12:06:23 will be available, and all this will do is further
12:06:27 exacerbate the problems that I have with their patrons
12:06:32 parking in my parking lot.
12:06:37 I think the granting of the beer and wine license will
12:06:40 intensify the use, along with the expanded hours of
12:06:43 operation that they propose.
12:06:46 I ask that you deny the request, and I ask that this is an
12:06:53 ongoing case of poor business planning on the part of
12:06:56 Pinky's, and that they are running their business at my
12:07:01 I appreciate it.
12:07:02 Thank you.
12:07:03 >>CHARLIE MIRANDA: Thank you very much, sir.
12:07:04 Appreciate it very much.
12:07:04 Anyone else in the audience care to speak on this item 111?
12:07:08 >>STEVE MICHELINI: I'm here on behalf of the owner of the
12:07:14 And as you may recall several years ago, when being there
12:07:19 received and alcoholic designation, Mr. Gaines has the Psalm
12:07:23 kind of concerns.
12:07:24 And what ended up happening was that the buildings
12:07:29 themselves function interdependent of each other.
12:07:32 And through a design issue, they have similar access points.
12:07:37 The driveways for the parking in the rear are commonly used
12:07:41 to access each other's buildings.
12:07:43 And it's unfortunate that over the years, they have entered
12:07:47 into an agreement for joint use.
12:07:48 However, that hasn't been able to be done.
12:07:51 For a lot of different reasons.
12:07:53 But those buildings should never have been sold separately,
12:07:57 but they were.
12:07:57 And I guess the greatest fear is that there's going to be
12:08:01 some increase in traffic, or some increase in patronage of
12:08:05 the Pinky's establishment.
12:08:07 They are at capacity and they are trying to serve their
12:08:10 existing customers.
12:08:11 There is no further increase beyond that.
12:08:14 What's happened is that the owner of the building has gone
12:08:17 to the extent of entering into agreements, off-site parking
12:08:21 that could be used, as a shared parking provision that's
12:08:24 allowed in the City of Tampa code.
12:08:26 So there is no cross-over as Pinky's has already indicated
12:08:31 they close at 2:00 in the afternoon.
12:08:33 And the other establishment isn't open till after 5:00.
12:08:38 And what the owners have also said they would do is to
12:08:41 provide their managers with explicit instructions to make
12:08:45 sure when they ask patrons that come in -- and I can assure
12:08:48 you they do.
12:08:49 They have asked me similar questions.
12:08:52 Have you parked in the correct places? Please don't park in
12:08:54 the building, the parking lot immediately to the west.
12:08:58 So they have been diligent.
12:09:00 Are they perfect about it?
12:09:02 But these two properties operate interdependent of each
12:09:05 other, and we are asking for your request to approve the
12:09:11 2(COP-R) as a designation that would assist their patrons
12:09:14 that are already there.
12:09:16 Will they continue to have parking issues?
12:09:19 Of course.
12:09:20 Are the managers committed to trying to resolve that?
12:09:24 And in many cases, those Saturday morning weekend warriors
12:09:30 exercising a long Bayshore end up crossing underneath the
12:09:33 cross Crosstown or down at the Bayshore patriots park and
12:09:36 they walk down there for breakfast.
12:09:38 So there are a lot of things that are going on.
12:09:40 This is a true community-serving neighborhood establishment,
12:09:44 and we respectfully request your approval.
12:09:48 >>CHARLIE MIRANDA: Thank you very much.
12:09:49 Anyone else in the audience?
12:09:50 Petitioner, you have rebuttal time.
12:09:51 Five minutes.
12:09:52 >> Just want to address a couple things Mr. Gaines said.
12:09:55 And this demonstrates it well.
12:10:00 Add to what Mr. Michelini was saying.
12:10:03 There is a party wall here that separates Mr. Gaines'
12:10:06 property from the location where Pinky's is in the middle.
12:10:10 They would work much better if we were able to enter off of
12:10:14 Bay to Bay, circulate around the building, and over, but due
12:10:17 to this ongoing dispute, I believe, between Mr. Gaines and
12:10:21 the landlord of this building, it hasn't worked that way.
12:10:24 So the Pinky's parking has to pull in at angled spaces here
12:10:28 where you can see their angled spaces here.
12:10:31 We tried, and had we been successful to get a cross access
12:10:35 agreement which would allow for that flow, we would not be
12:10:38 in front of you.
12:10:39 But for that, it's going to be a special use 1.
12:10:44 Mr. Gaines and his brother rejected that.
12:10:47 So that's why we are here with this.
12:10:49 As Mr. Michelini said, Cary and Jacob are vigilant in their
12:10:57 efforts to try to get their patrons not to park in Mr.
12:11:00 Gaines spaces.
12:11:01 He has it well signed.
12:11:02 He's free to tow as is the landlord of the building that
12:11:07 owns Pinky's.
12:11:08 So we will continue to try.
12:11:09 We have gone aboveboard in reaching out to Cappy's and
12:11:13 Casanova to get additional parking spaces that we believe
12:11:16 will alleviate this problem.
12:11:20 >>CHARLIE MIRANDA: Thank you, sir.
12:11:20 >>HARRY COHEN: I just have one question.
12:11:25 Part of your argument was that Pinky's is open for breakfast
12:11:29 and lunch.
12:11:30 And that Cappy's is open for dinner, and therefore there's a
12:11:34 synergy there.
12:11:35 But I see on the site plan that you have asked for the
12:11:38 approval up until 10 and 11 p.m.
12:11:43 >> That's correct.
12:11:43 The general code would have allowed for 3 a.m.
12:11:45 They would like some flexibility to have some special
12:11:49 events, some types of things like that.
12:11:53 But the breakfast and lunch is the core of the Pinky's
12:11:55 business and will continue to be the core of their business.
12:11:58 But they would like a little bit of flexibility.
12:12:01 >>HARRY COHEN: But you know when we approve this, we can't
12:12:04 go back and address special events later.
12:12:08 You are asking for an all or nothing here on the late
12:12:13 And I just think that your parking argument hold up much
12:12:18 better if we don't have -- if we don't have everything open
12:12:22 till late.
12:12:23 >> We have discussed that and discussed not even -- just
12:12:28 allowing to the go understood city code which would have
12:12:30 given us later flexion -- greater flexibility to 3:00.
12:12:34 If you are so inclined they would like to be able to have
12:12:36 some sort of catered or special events there from time to
12:12:40 If you --
12:12:42 >>HARRY COHEN: Ms. Kert, how do we deal with that issue?
12:12:46 Because I understand the ...
12:12:53 >>REBECCA KERT: Legal department.
12:12:55 In the past, you have on occasion defined a special event or
12:13:00 allowed, I believe, with Busch Gardens you might have
12:13:04 allowed a certain number of special events per year, certain
12:13:07 other ones.
12:13:09 There were days that were picked out, like New Year's, and
12:13:13 Super Bowl, leap year, I don't know, days like that.
12:13:16 What I will tell you, legally it's something you can do, if
12:13:21 you believe it's tailored to address whatever concerns you
12:13:25 That being said, from an enforcement perspective, that's
12:13:29 really tough, because if we are to say you have five a year
12:13:32 and maybe there are ten, somebody is going to have to be out
12:13:35 there and document every night for ten nights.
12:13:38 It really intensive to make one of those cases and that's
12:13:42 even if somebody can track there's an issue and they are
12:13:46 open on days they are not supposed to be open to.
12:13:49 So with measuring your expectations about what we would be
12:13:52 able to do to enforce that, I don't think there's a legal
12:13:56 >> I want to reiterate, in case you missed it, Ms. Kert --
12:14:02 and I have been here when you have done those approvals.
12:14:04 Busch Gardens is the one she mentioned, the scale of that
12:14:07 one versus one individual unit.
12:14:09 The majority if not all the ones that have those specialized
12:14:13 dates are typically very large venues.
12:14:16 So I want to put that into perspective.
12:14:23 >> If you would prefer they would be happy with twice a
12:14:27 Cappy's opens at five so they have access to their spaces
12:14:30 until that time.
12:14:31 But to go beyond that, twice a month would absolutely be
12:14:34 acceptable to them.
12:14:35 Again, the breakfast and lunch is going to be the core of
12:14:37 their business and will continue to be but they would like
12:14:40 some flexibility to have events.
12:14:42 >>LISA MONTELIONE: You know, I said this before, but I
12:14:48 don't like to regulate -- let me rephrase.
12:14:55 Don't like to tell people how to do their business:
12:15:03 We start saying, oh, well, you can have two events a month,
12:15:09 and then we have another business come along and, well, you
12:15:12 can have five events a month.
12:15:14 And somebody else can have, you know, five event as year.
12:15:18 I think we start treading on some very dangerous ground.
12:15:25 And I'm not inclined to tell people how to run their
12:15:35 I think you have requested these hours that are on the site
12:15:38 I would support that.
12:15:39 I would support taking them off and giving the opportunity
12:15:44 by code, which is 3 a.m.
12:15:46 So, you know, I really hesitate to support telling people
12:15:54 what their business plan should be.
12:15:56 >>CHARLIE MIRANDA: I can Tom only tell you, Pinky's,
12:16:02 Cappy's, that's all.
12:16:05 >> Mr. Cohen, they have no plans -- their business is very
12:16:12 successful as it is.
12:16:14 They are not going to uproot that and do something totally
12:16:18 But in total candor they would like flexibility.
12:16:24 >>CHARLIE MIRANDA: If a council member would like to ask a
12:16:26 question he can come up.
12:16:27 >> I was just going to make a response.
12:16:32 >>CHARLIE MIRANDA: But I am not going to let you speak
12:16:33 unless a council member is going to ask you a question.
12:16:35 I am trying to open it for you, trying to facilitate you so
12:16:39 I can get the Pinky's and Cappy's and done fee show going.
12:16:48 >> I understand what Councilman Montelione is saying and I
12:16:51 heard Mrs. Kert.
12:16:52 My concern -- and Mr. Gardner, I know that there is no
12:16:56 intention to go beyond breakfast and lunch here.
12:16:58 I completely take you at your word.
12:17:00 But you know that if we approve it as is, and it becomes a
12:17:06 dinner restaurant that's serving beer and wine, and there's
12:17:11 this size of a parking reduction in the evening, we are
12:17:14 going to be inundated by neighbors that live right behind
12:17:17 this restaurant that are going ask us, why we allowed such a
12:17:21 thing, and that is my concern here.
12:17:26 I'm absolutely fine with what it is you are trying to do.
12:17:29 I don't want to go beyond what the actual business plan
12:17:33 would call for.
12:17:34 That's my issue.
12:17:37 But I would certainly support it for breakfast and lunch.
12:17:39 >> And I hear you, fully accept that and respect that.
12:17:46 The only thing I would say, they are at the point now the
12:17:50 breakfast, for instance, where they are so crowded that with
12:17:57 people leave, so with them not being able to park at night
12:18:00 they are not going to be able to attract the number of
12:18:03 patrons that they currently do with the availability of that
12:18:06 So the practical takes over from the legal, and they are
12:18:10 going to be capped at what they do and again they have no
12:18:12 intention on expanding what they are doing.
12:18:19 >> I don't understand what you just said.
12:18:21 >> What I'm saying is with the availability of the Cappy's
12:18:23 parking for breakfast and lunch as well as the Casanova,
12:18:27 their patrons are educated to the point they know they can
12:18:30 go and get a parking space, when if that wasn't available,
12:18:33 you start to turn people off because it becomes impractical
12:18:36 to try to park and they go to the next place.
12:18:41 >> So you are saying that it wouldn't make business sense
12:18:44 for us to be open for dinner.
12:18:47 You know, unfortunately, we have this system here where we
12:18:55 approve these things, and that we never can go back and redo
12:18:59 it if we make a mistake.
12:19:01 And again, that is my concern.
12:19:09 I am fully in support of what it is you are actually trying
12:19:12 to accomplish here.
12:19:13 My suggestion, though, would be that it not go after 5:00.
12:19:18 That's just my -- that's just my take.
12:19:24 >>CHARLIE MIRANDA: Any comments by council members?
12:19:27 Mr. Suarez?
12:19:27 >>MIKE SUAREZ: Two things.
12:19:32 >>CHARLIE MIRANDA: Give me five minutes.
12:19:33 I have a motion by Mr. Suarez for five minutes.
12:19:35 Seconded by Mrs. Montelione.
12:19:37 All in favor?
12:19:38 The ayes have it unanimously.
12:19:39 >>MIKE SUAREZ: One of the problems -- and Mr. Cohen put it
12:19:42 very eloquently as he always does.
12:19:45 The problem is, is not about the way we do zoning now, even
12:19:49 though that's a part of it.
12:19:50 Part of it is this place was built in 1949 and we are
12:19:54 dealing with issues of reuse on a constant basis throughout
12:19:57 the city.
12:19:58 Not just Pinky's.
12:20:00 And by the way, Ms. Coyle, thank you for putting it in pink
12:20:04 their location.
12:20:05 Or maybe they did.
12:20:06 I thought that was a very cute thing, now. So obviously a
12:20:11 mother of small children. Anyway, one of the things that
12:20:14 strikes me -- and I agree with what the practical aspects
12:20:18 are according to Mr. Gardner -- there is a point where you
12:20:23 cannot serve those people that actually want to eat at that
12:20:27 place for breakfast, because there is no parking.
12:20:31 I know, I have been a patron of Pinky's in the past.
12:20:34 And if there's no parking there it's very difficult to say,
12:20:37 well, you know what?
12:20:38 I'll just walk down the street or whatever.
12:20:40 Part of the problem is, that's what that commercial facility
12:20:43 was built for to begin with, was people walking to it
12:20:46 through the neighborhood.
12:20:48 We did an approval awhile back, and Mr. Gardner touched on
12:20:53 it, which was red dog.
12:20:54 That had been a neighborhood facility since the 1940s, I
12:20:58 believe, maybe 1950s.
12:21:01 So we trap people in their own success.
12:21:05 And part of our problem is we can't track that.
12:21:07 And you made it very clear, which is if they for some reason
12:21:12 become unsuccessful, breakfast, or lunch, and they start
12:21:17 serving dinner, we have trapped ourselves.
12:21:19 Butt it's kind of a unique circumstance.
12:21:25 When it comes to reuse, something that's already been used
12:21:28 for the last 18 years, find it hard pressed, is stop someone
12:21:32 from continuing to use it because I don't believe
12:21:34 necessarily that the liquor will intensify the use itself.
12:21:39 It's already successful or else they wouldn't be here.
12:21:41 That's my own personal opinion about it.
12:21:43 So that's all I have to say, chair.
12:21:45 Thank you.
12:21:46 >>CHARLIE MIRANDA: Thank you.
12:21:46 Mr. Reddick.
12:21:47 >>FRANK REDDICK: Let me just get clarification on
12:21:51 Currently, without these hours that you have put in, in the
12:21:56 site plan, you can go, based on the code, you can go up to
12:22:00 3:00 in the morning?
12:22:01 >> Till 3 a.m., correct.
12:22:05 >>FRANK REDDICK: So you are trying to be cooperative by
12:22:07 putting some hours.
12:22:08 >> Further reduce that.
12:22:11 >>FRANK REDDICK: You didn't have to put these in.
12:22:14 You could have gone automatic to 3:00 in the morning.
12:22:16 >> Just what code would allow.
12:22:17 >>FRANK REDDICK: That's what I want to be clear on.
12:22:19 >> I understand both sides.
12:22:27 >> If we only had mass transit.
12:22:32 >>MIKE SUAREZ: Not that again.
12:22:34 [ Laughter ]
12:22:35 >>CHARLIE MIRANDA: All right.
12:22:35 Any questions by council members?
12:22:42 Any speakers?
12:22:43 I am just giving you A an opportunity for rebuttal.
12:22:48 You have taken it.
12:22:50 Motion to close by Mrs. Montelione.
12:22:52 I'm sorry I missed the second.
12:22:53 Second by Mr. Suarez.
12:22:54 All in favor of the motion please indicate by saying aye.
12:22:57 Opposed nay.
12:22:57 The ayes have it unanimously.
12:22:59 Ms. Montelione.
12:23:00 >>LISA MONTELIONE: Yes, sir.
12:23:02 I move an ordinance, 111.
12:23:14 I don't have the ordinance.
12:23:16 There we go.
12:23:17 Thank you, Leila.
12:23:19 It wasn't on the agenda.
12:23:20 Approving a special use permit S-2 for alcoholic beverage
12:23:23 sales, restaurant, consumption on premises only and making
12:23:26 lawful the sale of beer and wine at or from that certain lot
12:23:29 or plot or tract of land located at 3201, 3205, Bay to Bay
12:23:34 Boulevard, Tampa, Florida, more particularly described in
12:23:36 section 2, that all ordinances or parts of ordinances in
12:23:41 conflict are repealed, providing an effective date.
12:23:44 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione.
12:23:46 I have a second by Mr. Suarez.
12:23:47 Further discussion by council members?
12:23:49 All in favor of the motion please indicate by saying aye.
12:23:51 Opposed nay.
12:23:53 Motion passes 4 to 1.
12:23:54 >>THE CLERK: The second reading of the ordinance will be
12:23:59 held September 12th at 9:30 a.m.
12:24:04 >>CHARLIE MIRANDA: I apologize to those that are here.
12:24:05 We are going to come back at 1:45.
12:24:08 We'll be taking some more time to do the remainder of the
12:24:12 Some of these are still public hearings.
12:24:14 And we will hear public hearings first and then go to the
12:24:17 other items that we have left.
12:24:19 Thank you very much for attending.
12:24:20 See you at 1:45.
12:24:25 >>> (City Council recess)
This file represents an unedited version of realtime
captioning which should neither be relied upon for complete
accuracy nor used as a verbatim transcript.
The original of this file was produced in all capital
letters and any variation thereto may be a result of third
party edits and software compatibility issues.
Any person who needs a verbatim transcript of the
proceedings may need to hire a court reporter.
TAMPA CITY COUNCIL
August 22, 2013
This file represents an unedited version of realtime
captioning which should neither be relied upon for complete
accuracy nor used as a verbatim transcript.
The original of this file was produced in all capital
letters and any variation thereto may be a result of third
party edits and software compatibility issues.
Any person who needs a verbatim transcript of the
proceedings may need to hire a court reporter.
1:46:44PM >>CHARLIE MIRANDA: City Council is called to order.
1:46:53PM Roll call?
1:46:54PM [Roll Call]
1:46:56PM >>MIKE SUAREZ: Here.
1:46:58PM >>FRANK REDDICK: Here.
1:47:00PM >>HARRY COHEN: Here.
1:47:02PM >>CHARLIE MIRANDA: Here.
1:47:04PM >>CHARLIE MIRANDA: Okay, we're item 112.
1:47:08PM That cannot be heard.
1:47:09PM Is the petitioner here?
1:47:17PM Nobody here for 112?
1:47:20PM No one here for 112.
1:47:21PM What day do you want it set for?
1:47:26PM >> Like to be heard September 26th.
1:47:29PM >>CHARLIE MIRANDA: September 26th.
1:47:31PM At 10:30?
1:47:34PM >> Yes, sir.
1:47:35PM >> So moved.
1:47:36PM >>CHARLIE MIRANDA: I have a motion by Mr. Suarez on
1:47:38PM September 26th at 10:30 on item number 112.
1:47:43PM These hearings were opened earlier, so I'm not going to
1:47:46PM reopen them again.
1:47:49PM 108 through 117.
1:47:50PM So, we go now to item number 113.
1:48:01PM >>CHARLIE MIRANDA: Petitioner here for 113?
1:48:08PM Part of the trio.
1:48:13PM >> A lot of ducks today.
1:48:15PM Joel Sousa, land development.
1:48:18PM Next case is application B 1390.
1:48:22PM Current zoning district is CI, commercial intensive.
1:48:27PM Property address is 1319 West Kennedy Boulevard.
1:48:29PM The applicant is Ducky's of South Tampa, LLC, Development
1:48:32PM Review Committee has reviewed the application and find it
1:48:35PM consistent with the application, with the application --
1:48:40PM applicable codes.
1:48:41PM With minor site plan modifications requested between first
1:48:44PM and second readings.
1:48:45PM This is repeat gentleman from about four to six months ago.
1:48:50PM Used to be Japanese jazz.
1:48:52PM Now before you again is Ducky's of South Tampa.
1:48:55PM They're going for a restaurant, beer wine and liquor, on
1:48:58PM preemptions consumption only.
1:48:59PM 5,206 square feet inside.
1:49:02PM 390 square feet outside for a total of 5,596 square feet.
1:49:07PM Total parking spaces is 79 spaces.
1:49:10PM They're requesting one waiver.
1:49:12PM Waiver is to increase the percentage of compact paces from
1:49:15PM 65 to 85%.
1:49:17PM According to the application submitted the site is occupied
1:49:21PM by existing one story structure approved full restaurant
1:49:23PM with beer, wine and liquor consumption on premises, totaling
1:49:26PM 5596 square feet.
1:49:29PM Current proposal extends the establishment's hours of
1:49:32PM operation until 2:00 a.m. Sunday through Wednesday and
1:49:34PM 3:00 a.m. Thursday through Saturday.
1:49:37PM The site plan states the restaurant occupant load is 186
1:49:41PM Ton restaurant existing office use, 8860 square feet at 1723
1:49:48PM West Kennedy Boulevard, which shares this lot.
1:49:51PM Declares 79 parking spaces.
1:49:53PM The site currently utilizes surface parking lot which
1:49:57PM contains 79 parking spaces.
1:50:00PM If you look at your site plans, you'll see the parking
1:50:05PM space, there's an area to the rear where a parking lot will
1:50:07PM be constructed as part of this development.
1:50:09PM This is the site.
1:50:15PM >>CHARLIE MIRANDA: Let me say this.
1:50:16PM I don't want to say any way interrupt your hearing.
1:50:20PM But to all petitioners who have hearings and remaining
1:50:24PM hearings today, 113, 114, 115, 116, we are down to four
1:50:31PM Councilmembers right now.
1:50:32PM That means that everything we do has got to be unanimous.
1:50:35PM So, I'm going to ask you when you come up if you want to go
1:50:39PM or no go.
1:50:40PM And there's one here I think item 85, I think it is, the
1:50:47PM petitioner's here, Mr. Grandoff.
1:50:50PM May I just stop you one second, Mr. Sousa and ask you, do
1:50:53PM you want to continue this one?
1:50:54PM Because this one I know want fail and won't pass.
1:51:01PM >>JOHN GRANDOFF: Good afternoon, John Grandoff, Hill Ward
1:51:03PM and Henderson, black of American plaza.
1:51:06PM On item 95 on behalf of David Alexander we request a
1:51:11PM continuance to your soonest morning hearing, please.
1:51:14PM >>CHARLIE MIRANDA: Any objection from legal counsel from the
1:51:17PM Anyone in the audience wants to discuss a continuation only
1:51:20PM on 85?
1:51:21PM Only the continuation portion.
1:51:23PM I see no one.
1:51:26PM So -- date?
1:51:29PM >> September 12th.
1:51:30PM >>CHARLIE MIRANDA: 9-12 at 9:30 a.m.
1:51:36PM >>JOHN GRANDOFF: Also Mr. Chairman, item 84, same request,
1:51:41PM >>CHARLIE MIRANDA: Item 84, same request.
1:51:43PM Anyone in the audience care to speak on the continuation of
1:51:46PM I see no one.
1:51:48PM I need a motion to that effect.
1:51:50PM >> Move continuance to 9-12.
1:51:57PM >>CHARLIE MIRANDA: Year 2013, at 9:30.
1:51:59PM I have a motion by Mr. Cohen, seconded by -- I mean
1:52:03PM Mr. Reddick, seconded by Mr. Suarez.
1:52:05PM All in favor of that motion, please indicate by saying aye.
1:52:07PM Opposed nay.
1:52:09PM The ayes have it unanimously.
1:52:09PM Yes, sir?
1:52:10PM >> Mr. Chairman, the motion was for both items?
1:52:14PM >>CHARLIE MIRANDA: Right.
1:52:16PM >> 84 and 51.
1:52:18PM >> Mr. Chairman, excuse me.
1:52:19PM One point of order, is Ms. Montelione expected back this
1:52:23PM >>CHARLIE MIRANDA: I would say yes.
1:52:24PM I just don't know at what time.
1:52:29PM >> If you don't mind, if you could rescind your motion on
1:52:32PM Because that would provide --
1:52:37PM >>CHARLIE MIRANDA: Let me do this.
1:52:38PM She comes back, I'll rescind it.
1:52:40PM Let's hold it right there, so we don't roll the dice three
1:52:44PM >> I'll be here.
1:52:45PM >>CHARLIE MIRANDA: Thank you, sir.
1:52:46PM >> Thank you.
1:52:47PM >>CHARLIE MIRANDA: I'm sorry, Mr. Sousa.
1:52:52PM >> Okay, we're going to go back to some aerial views of V
1:52:59PM Again, this is the subject site.
1:53:02PM This is Kennedy Boulevard.
1:53:04PM This is going east towards downtown.
1:53:06PM This is going west towards Dale Mabry.
1:53:08PM This is subject site right here.
1:53:10PM This particular building is where the restaurant is.
1:53:12PM And this is an existing office use.
1:53:15PM This area here will be developed as part of this project for
1:53:18PM the required parking.
1:53:19PM Close-up view.
1:53:24PM This is how the site currently exists.
1:53:27PM This is the subject building.
1:53:29PM Little bit further away looking towards the north, subject
1:53:34PM building and adjacent office use to the west.
1:53:37PM This is adjacent commercial to the east.
1:53:41PM This is across the street looking west.
1:53:48PM This is across the street to the east.
1:53:50PM Across the street to the south.
1:53:53PM Looking easterly towards downtown.
1:53:55PM Looking westerly towards Dale Mabry.
1:54:08PM >> Don Miller, City of Tampa police department.
1:54:12PM We have no objection.
1:54:13PM >> Thank you very much.
1:54:14PM >>CHARLIE MIRANDA: Petitioner, it's your call.
1:54:16PM We have four Councilmembers, do you what wish to continue?
1:54:19PM >> Chair, if I could.
1:54:21PM >> Certainly.
1:54:22PM >>MIKE SUAREZ: I was contacted by Anthony DeMaria by phone
1:54:26PM about this particular case.
1:54:27PM Left me a voicemail asking me to vote in favor of this
1:54:32PM I needed to make sure that I put that out there.
1:54:36PM I did have a conversation with him, explained to him that if
1:54:40PM any communication would have to be public.
1:54:43PM And he made -- as far as I know, has not made any decision
1:54:47PM to either be here or to put forward any comments on the
1:54:53PM >>CHARLIE MIRANDA: Thank you.
1:54:55PM >>MIKE SUAREZ: Thank you, chair.
1:55:07PM >> Mr. Chairman, again that Grimes with law firm of hill,
1:55:10PM ward and Henderson, 101 East Kennedy Boulevard.
1:55:13PM I have been sworn.
1:55:15PM Our firm represent Ducky's of South Tampa, LLC.
1:55:18PM Ducky's is a small group of restaurant investors.
1:55:22PM One of which is Evan Longoria, the third baseman of the
1:55:26PM Tampa Bay Rays.
1:55:27PM And I will explain to you in a minute why I mentioned him
1:55:31PM And the relevance of it to our request.
1:55:34PM As Joel mentioned, this site is already wet zoned.
1:55:39PM It was wet zoned last November.
1:55:42PM As a companion case, you also approved a special use for a
1:55:45PM parking lot in the rear.
1:55:48PM Of this property.
1:55:49PM And this is on Kennedy Boulevard.
1:55:51PM And the parking lot is on the rear and it's facing North "A"
1:55:57PM Our request is only to extend the hours of operation.
1:55:59PM So during the week, Sunday through Wednesday, we're asking
1:56:01PM for an extension of the hours from 11:00 p.m. closing to
1:56:05PM 2:00 a.m.
1:56:06PM And on Thursday, Friday, Saturday, we're asking to extend
1:56:09PM the hours from 1:00 a.m. to 3:00 a.m.
1:56:12PM And the previous approval was for a Japanese restaurant.
1:56:15PM This is a different kind of restaurant.
1:56:17PM Ducky's, some people ask why is the name duck, where did the
1:56:22PM name Ducky's come from?
1:56:23PM Actually what it is, that you have a new concept probably to
1:56:29PM this area.
1:56:30PM And this is, they are going to have four duck pin bowling
1:56:44PM lanes inside the restaurant.
1:56:45PM Those are those four, duck pins is like the little miniature
1:56:48PM bowling pins.
1:56:50PM And even though it has, you know, entertainment like that, I
1:56:58PM want to emphasize to you that it is in fact a restaurant.
1:57:01PM It's not a bar.
1:57:02PM It's not a nightclub.
1:57:04PM So you might be wondering well then, if it's not a bar or
1:57:07PM nightclub, why do you need to extend the hours until
1:57:10PM 2:00 a.m. and 3:00 a.m. if it's a restaurant?
1:57:12PM And probably the best explanation for it is a let they're
1:57:16PM Mr. Longoria sent to the Mayor.
1:57:18PM And it's in your package of materials.
1:57:22PM Tab nine.
1:57:22PM In that letter he says his passion for food and cooking is
1:57:26PM what has driven this project.
1:57:28PM He wants to bring to Tampa dining experience like he's
1:57:32PM experienced in other major cities.
1:57:34PM And the mentality that if you stay open late, you must be a
1:57:38PM nightclub is outdated.
1:57:39PM And he he's saying this is the, the void to fill is by
1:57:45PM staying open till 3:00 a.m.
1:57:46PM He also goes on to say how he would like to host, be able to
1:57:50PM host his teammates.
1:57:52PM And as you know the games finish late, 10:00.
1:57:55PM By the time the players are out, it's probably 11, 12:00.
1:57:58PM But there's also fans that go to those games and a lot of
1:58:01PM times after those games you have nowhere to go eat.
1:58:03PM So, it's in part to provide this kind of a venue for the
1:58:07PM fans as well.
1:58:08PM He intends on, in bringing in NHL and NFL post game dinners,
1:58:16PM including visiting teams.
1:58:17PM And what's really important is that he goes on to say and
1:58:19PM conclude that we will be serving a full menu from opening to
1:58:23PM And then that's an integral part of the concept.
1:58:26PM I know that's something that is somewhat foreign in this
1:58:29PM But, again, the reason for extending the hours is to fill
1:58:32PM this void in the marketplace for full service late night
1:58:36PM dining other than the village inn on Dale Mabry Highway.
1:58:39PM Because that's really about it after 10:00.
1:58:41PM How can you make sure that it's going to remain a restaurant
1:58:47PM and not turn into a bar or nightclub?
1:58:49PM Well you have usual own definition in the code that defines
1:58:52PM what a restaurant is.
1:58:52PM That's also included in your materials and it specifically
1:58:56PM says a restaurant is defined as an establishment at which
1:59:00PM food will be continuously ready to be prepared, served and
1:59:04PM filled during all business operational hours.
1:59:07PM So if you're not selling food during all business
1:59:11PM operational hours, then you're no longer a restaurant and it
1:59:14PM would be a violation of the AB permit.
1:59:16PM Also I want to go back again to this floor plan.
1:59:20PM Point out to you that there is a very large part of it is
1:59:23PM interior is dedicated to a kitchen.
1:59:26PM You also have six booth seating.
1:59:30PM Also showing that it's a restaurant.
1:59:32PM And then you have the whole interior floor plans, you can
1:59:35PM see where all the tables are located.
1:59:37PM So it's nothing -- it's not arranged internally at all about
1:59:43PM like a night club or bar would be.
1:59:44PM Want to address the location.
1:59:46PM It's on Kennedy Boulevard.
1:59:47PM As you know, Kennedy Boulevard is a major corridor in the
1:59:53PM It's designated umm U 60 under the comp plan.
1:59:56PM That's probably the next to most intensive comp plan
2:00:00PM category you have.
2:00:01PM So it's appropriate for all types of intensive uses.
2:00:04PM Zoning a CI, commercial intensive.
2:00:06PM But more importantly, under your comp plan, it's designated
2:00:10PM as what's called a mixed use corridor village.
2:00:13PM And those are the areas on these major road corridors where
2:00:17PM you've designated as for an intensification of use, as well
2:00:22PM as mixed uses to transform those areas into gathering places
2:00:27PM for the adjacent neighborhood.
2:00:29PM And the way that you do that through these design techniques
2:00:32PM that you have in your code and you're familiar with them,
2:00:37PM require a building moved choicer to the streets and new
2:00:39PM urban form of development, required parking to be behind.
2:00:43PM You have sidewalks between the uses in the neighborhood.
2:00:47PM Another way you've implemented these goals in the comp plan
2:00:50PM for these mixed use corridors is important.
2:00:52PM And that is through your land development code, specifically
2:00:56PM the alcoholic beverage locational criteria.
2:01:00PM You have actually changed your locational criteria to
2:01:03PM decrease or make more lenient the locational criteria for AB
2:01:08PM establishments in these mixed use corridor villages.
2:01:12PM So, in this situation, you only have two locational
2:01:17PM And one of those is 250 feet from residential uses.
2:01:22PM And this yellow circle are the adjacent residential uses.
2:01:26PM You can see there's no residential uses within 250 feet.
2:01:29PM The second criteria is they have to be 250 from another AB
2:01:33PM establish issue.
2:01:34PM There's no other AB establishments within that 250 feet.
2:01:38PM There is no setback or separation requirement from
2:01:41PM institutional uses, like schools and churches.
2:01:44PM So, we meet all of the criteria.
2:01:48PM You see these three checks here?
2:01:50PM This is North "A" Street right along in here and this is the
2:01:54PM site where the AB sales will occur.
2:01:56PM The parking lot is in the rear.
2:01:57PM But these checks here, we actually have letters of support
2:02:00PM from the residents and the owners of those homes, saying
2:02:03PM that they have no objection and actually that they support
2:02:05PM this use.
2:02:06PM So, by decreasing or making more lenient your locational
2:02:10PM criteria, that's saying can't change.
2:02:13PM I mean, we just heard a case where on Bay to Bay, the
2:02:17PM distance separation requirement was a thousand feet.
2:02:19PM Here you said it's only 250 and doesn't even apply to all
2:02:22PM the uses.
2:02:23PM So clearly you are intending for AB establishments to be
2:02:26PM located in this specific area.
2:02:29PM You directed it, you're encouraging it by having these more
2:02:32PM lenient criteria.
2:02:33PM And that's certainly would include a restaurant, which is
2:02:37PM not necessarily an intense use, but in this instance, we
2:02:41PM think that the late night hours for this restaurant are
2:02:44PM completely appropriate for this location.
2:02:46PM The site plan that we have submitted is Joel went over it
2:02:56PM with you.
2:02:57PM What it includes is a, is basically the same site plan that
2:03:01PM was approved previously.
2:03:03PM And that is a total of about 5600 square feet of sales area.
2:03:12PM Here's Kennedy.
2:03:13PM Here's north A.
2:03:14PM Here's the AB establishment.
2:03:17PM The sales area.
2:03:18PM There's a small outdoor area about 390 square feet out front
2:03:24PM towards Kennedy.
2:03:24PM And then there's the interior.
2:03:26PM Again, this is the parking lot back here.
2:03:28PM What's also important, unlike the previous application,
2:03:32PM where you had a big issue with the parking, we only require
2:03:36PM 76 parking spaces, but we're providing 79.
2:03:39PM So, it's not often where you see an AB application where you
2:03:43PM meet all the locational criteria, and not only do you meet
2:03:46PM the parking requirements, but you exceed the parking
2:03:49PM As far as these special use for the parking lot in the rear,
2:03:54PM we also comply with all the codes there, the C preservation,
2:04:00PM buffering, landscaping, no waivers from the locational
2:04:04PM No waivers from the land development code.
2:04:06PM Neighborhood protections in the last application you built
2:04:10PM in, or the last approval you built in certain neighborhood
2:04:13PM One of them was no outdoor amplified music.
2:04:16PM We haven't changed that.
2:04:18PM That's still on the site plan.
2:04:19PM The other one is, no access on to North "A" Street.
2:04:22PM This parking lot will access off the alley.
2:04:26PM There's North "A" Street.
2:04:27PM There will be a fence there.
2:04:30PM The access and the circulation will come in and out of the
2:04:35PM Either off of Kennedy through the lot and then back to the
2:04:38PM parking lot.
2:04:39PM The drive aisle off of Kennedy, I want to point out to you,
2:04:44PM a lot of time these drive aisles gets reduced from 26 feet
2:04:49PM to 24 feet.
2:04:49PM We actually are maintaining a 26-foot drive aisle.
2:04:53PM As you can see here and this is looking south to Kennedy,
2:04:57PM and this is looking north from Kennedy into the site, there
2:05:01PM will be ample room on this site for valet parking to pull up
2:05:05PM And at the same time, for cars that want to self-park, for
2:05:08PM them to easily get through and go back to the parking lot,
2:05:11PM with no bottleneck there.
2:05:13PM The adjacent uses, and I have pictures in the books, are on
2:05:18PM the one side is a parking lot from the back.
2:05:20PM And on the other side is an industrial use.
2:05:23PM It is -- IG zoning is just sitting east of the parking lot
2:05:28PM site, so it's completely compatible with that.
2:05:30PM I also want to let you know that I did contact the
2:05:33PM neighborhood association numerous times.
2:05:37PM I reached out to Reverend Alan several times.
2:05:40PM I have not able to have contact with him.
2:05:44PM But I did meet with Wesley Weissenburger, who is the
2:05:48PM secretary of the association.
2:05:49PM And this is the north Hyde Park civic association.
2:05:51PM Wesley was the one who came the last time and spoke and
2:05:55PM actually objected.
2:05:58PM We discussed it to a great extent and I committed to him
2:06:03PM that if they would support our extension of hours, that we
2:06:07PM would agree that on the alley, I mean on the access coming
2:06:12PM out -- onto the alley, that we would do left out only.
2:06:16PM We would have a sign installed that said left out only.
2:06:19PM And the intent is to direct the traffic towards Rome, where
2:06:22PM all the industrial uses are and then away from the other
2:06:26PM section of town where there's some residential uses.
2:06:28PM So we would be willing to agree to that we also rented to
2:06:33PM him that we will have valet parking as needed.
2:06:35PM He thought that would be a good idea.
2:06:37PM He wanted to make sure the alley was paved.
2:06:40PM It's already paved.
2:06:41PM The entire block, the entire length of that block from
2:06:44PM Fremont to Rome is completely paved.
2:06:46PM Last item we agreed to, their civic association has had a
2:06:51PM problem finding space available to meet.
2:06:53PM And we will commit to him, put on the site plan that, I
2:06:58PM think their civic association meets quarterly.
2:07:00PM That we will be willing to provide space inside the
2:07:03PM restaurant for, at no charge, for their civic association.
2:07:07PM And I think their crime watch organization can meet.
2:07:10PM So we would be willing to make those changes.
2:07:12PM We'd have to make another change that staff identified.
2:07:15PM So I'd be willing to make those additional changes.
2:07:17PM Also earlier this morning, we had Mr. Thaddeus Jenkins was
2:07:22PM here in support of this application.
2:07:24PM He was unable to stay over to the afternoon session.
2:07:26PM But he did ask me to represent to you that the north Hyde
2:07:31PM Park business alliance was in support of this and that is
2:07:34PM what he was here to speak to.
2:07:36PM So with that, I think this is a very small scale restaurant.
2:07:41PM It's an appropriate location, it's a location you've
2:07:44PM identified for these types of alcoholic beverage
2:07:49PM It meets all the code criteria, we don't need any waivers.
2:07:52PM There's neighborhood protections built in.
2:07:54PM And for that reason, we think that the hours should be
2:07:57PM extended and we request your approval.
2:07:59PM >>CHARLIE MIRANDA: Thank you very much.
2:08:06PM >> Rebecca Kert, legal department.
2:08:08PM Just a comment on a couple of, the proposed conditions that
2:08:14PM I understand that they have been willing to commit to with
2:08:17PM the neighborhood association or the adjoining neighbors.
2:08:20PM It's my understanding that the left only and if I'm
2:08:25PM correct -- incorrect, Ms. Grimes, please let me know.
2:08:29PM Actually deals with the adjoining property.
2:08:31PM The parking lot, which is not part of the subject petition,
2:08:34PM so that would not be appropriate.
2:08:37PM This is something off premises.
2:08:38PM Again, and I certainly can appreciate the agreement to
2:08:41PM provide space to the neighborhood association, but all of
2:08:43PM the conditions that are placed on the site plan have to be
2:08:46PM directly related to the alcohol and the effects of the
2:08:48PM So I do have some concerns about the outside scope of
2:08:53PM business law.
2:08:54PM >> As far as the first point that you made, it's not being
2:08:56PM part of the site plan.
2:08:57PM Actually warnings I was told by Mr. Sousa is that, and we
2:09:01PM have both parcels are shown on here.
2:09:03PM And that the parking lot in the rear is part of the zoning
2:09:08PM And that's why we showed it, we showed our site plan to
2:09:11PM include that.
2:09:13PM >>REBECCA KERT: If that's the point --
2:09:18PM >> I know.
2:09:18PM Anyway, I don't want to belabor the point.
2:09:21PM But we're more than happy to put these commitments on the
2:09:24PM site plan and I think that commitment to allowing them to
2:09:27PM use the space is something that's important to them because
2:09:29PM I think previously they've been told they could use space
2:09:32PM and it never really materialized.
2:09:34PM So I want to make sure that they feel comfortable that we're
2:09:37PM committed to doing that.
2:09:39PM We could tie it -- I could find a way to tie it to the
2:09:45PM >>CHARLIE MIRANDA: Anyone else in the city?
2:09:46PM That's it?
2:09:51PM All right.
2:09:52PM Anyone in the public care to speak on item number 113?
2:09:55PM 113, which is V 13-90.
2:10:00PM That's the last of the three.
2:10:01PM This is ducky.
2:10:04PM >> Move to close.
2:10:06PM >>CHARLIE MIRANDA: Motion to close by Mr. Cohen, seconded by
2:10:09PM Mr. Suarez.
2:10:10PM All in favor of the motion to close, please indicate by
2:10:13PM saying aye.
2:10:13PM Opposed nay.
2:10:15PM The ayes have it unanimously.
2:10:15PM Mr. Cohen, would you like to take 113?
2:10:20PM >>HARRY COHEN: Thank you, Mr. Chair.
2:10:21PM I move an ordinance being presented for first reading
2:10:23PM consideration, an ordinance approving a special use permit
2:10:25PM S-2 for alcoholic beverage sales, restaurant consumption on
2:10:30PM premises only, and making lawful the sale of beverages
2:10:33PM regardless of alcoholic content, beer wine and liquor, on
2:10:37PM that certain lot, plot or tract of land located at 1719 and
2:10:40PM 1723 West Kennedy Boulevard, Tampa, Florida, as more
2:10:44PM particularly described in section 2; that all ordinances or
2:10:48PM parts of ordinances in conflict are repealed; providing an
2:10:51PM effective date.
2:10:51PM >> Second.
2:10:52PM >>CHARLIE MIRANDA: I have a motion by Mr. Cohen on first
2:10:53PM reading, I have a second by Mr. Suarez on 113, V 13-90.
2:10:58PM All in favor of the motion, please indicate by saying aye.
2:11:00PM Opposed nay.
2:11:01PM The ayes have it unanimously.
2:11:03PM >>THE CLERK: And the second reading of the ordinance will be
2:11:05PM held September the 12th at 9:30 a.m.
2:11:09PM And the vote was with Capin and Mulhern being absent.
2:11:15PM >>CHARLIE MIRANDA: Thank you very much for attending.
2:11:16PM We go to item 114.
2:11:51PM >> Next case is V 13-92, current zoning address -- zoning
2:11:57PM district is CI, commercial intensive.
2:11:59PM Property address 9340 North Florida Avenue, suite F.
2:12:04PM Applicants named is Mickenson Arestil.
2:12:07PM The Development Review Committee has reviewed the
2:12:09PM application and finds it inconsistent with the applicable
2:12:12PM City of Tampa codes.
2:12:14PM If Council approves request, minor site plan modifications
2:12:18PM already required between first and second readings.
2:12:20PM The proposed AB sales area is for a bar lounge, beer and
2:12:25PM wine, on premises consumption only.
2:12:27PM The area is 2,036 feet of inside square feet and 234 square
2:12:34PM feet of outside square feet for total AB sales area of 2,270
2:12:39PM square feet.
2:12:40PM Total parking on-site, 115 parking spaces.
2:12:44PM They're requesting three -- two waivers at this time.
2:12:48PM One is for distance separation, 1,000 feet, 200 feet.
2:12:55PM The other is for residential uses from 1,000 feet to
2:12:58PM 107 feet.
2:13:00PM According to the application submitted, the site is occupied
2:13:04PM on existing one story, 26,000 square foot shopping center.
2:13:08PM The special use site plan shows the proposed bar lounge use,
2:13:12PM occupying suite F.
2:13:14PM The proposed AB sales area for beer and wine consumption on
2:13:17PM premises only, again totals 2,270 square feet.
2:13:21PM Based on the state and confirmed occupant load of 56, 14
2:13:25PM parking spaces are required for the bar lounge use.
2:13:28PM Existing shopping center is required a total of 109 parking
2:13:31PM spaces for all the uses that currently exist.
2:13:35PM And 115 are provided.
2:13:37PM The application requests a waiver to allow access onto local
2:13:41PM streets too.
2:13:43PM This shows the photographs.
2:13:44PM This is the subject site.
2:13:55PM This is North Florida Avenue.
2:13:57PM Busch Boulevard is just to the south.
2:13:59PM And it goes north towards Fowler.
2:14:01PM And Chamberlain high school is off to the west.
2:14:07PM Closer view of the site.
2:14:10PM This is how it looks off of Florida Avenue looking towards
2:14:17PM the west.
2:14:18PM And I believe the unit is right in here.
2:14:20PM Proposed unit is right there.
2:14:22PM This is looking to the south on Florida.
2:14:25PM Quite a bit of commercial activity, looking to the north on
2:14:30PM This is behind the subject building off the local street.
2:14:34PM Showing some of the back area parking.
2:14:36PM The local street to the rear.
2:14:39PM Again, for local streets and building.
2:14:46PM Some of the general residential uses.
2:14:51PM >> Excuse me, chair.
2:14:53PM Mr. Sousa, what street were you showing?
2:14:55PM What residential street were you showing back there?
2:14:58PM >> That looks like north Tampa.
2:15:01PM >>MIKE SUAREZ: North Tampa Street?
2:15:02PM >> Yes, sir.
2:15:05PM >>MIKE SUAREZ: Okay.
2:15:05PM Thank you.
2:15:07PM >> Officer Miller, City of Tampa Police Department, we have
2:15:11PM no objection.
2:15:12PM >>CHARLIE MIRANDA: Petitioner?
2:15:17PM >> Mr. Sousa already explained.
2:15:24PM We came to request your approval for this beer and wine
2:15:31PM On Florida Avenue and we plan to open this from Sunday to
2:15:46PM And we have no objection so far.
2:15:49PM And as we collected some signature from the residents, that
2:15:56PM live in that area, all of them support our request to this
2:16:03PM >>CHARLIE MIRANDA: Anything else?
2:16:05PM >> I'm sorry?
2:16:07PM >>CHARLIE MIRANDA: Anything else you want to say?
2:16:09PM >> No.
2:16:10PM If you have any questions.
2:16:12PM >>CHARLIE MIRANDA: Any questions?
2:16:13PM Mr. Reddick?
2:16:14PM >>FRANK REDDICK: Thank you, Mr. Chair.
2:16:15PM You the owner?
2:16:21PM >> Mike inson.
2:16:23PM >> You the owner?
2:16:24PM >> Yes.
2:16:25PM >>FRANK REDDICK: Okay.
2:16:26PM You didn't look old enough to drink.
2:16:27PM [ Laughter ]
2:16:29PM >>FRANK REDDICK: That's why I was wondering.
2:16:31PM I think when they was showing us the picture, it's next, I
2:16:37PM saw a pizza place.
2:16:41PM >> Pizza, I think papa John's?
2:16:47PM >>FRANK REDDICK: Papa John's?
2:16:48PM I saw in the picture?
2:16:54PM >> Papa John's.
2:16:56PM >>FRANK REDDICK: Your business going to be right next door?
2:16:58PM >> Yeah.
2:17:00PM >>FRANK REDDICK: So you didn't get no objection from papa
2:17:03PM John's about the hours of operation?
2:17:05PM >> I talked to them.
2:17:06PM They say it's okay.
2:17:08PM Support that.
2:17:09PM >>FRANK REDDICK: How long papa John's stay open?
2:17:10PM Do you know?
2:17:12PM >> No, I don't.
2:17:14PM I didn't check that.
2:17:16PM I think it's probably 10 or something.
2:17:21PM >>FRANK REDDICK: The last question I have, so parking would
2:17:24PM not be a problem with papa John's being there and you also
2:17:27PM having this establishment next door?
2:17:30PM >> No, parking will not be a problem at all.
2:17:33PM >>FRANK REDDICK: Okay.
2:17:34PM >> The way it look right now in the picture, that's how it
2:17:37PM always look day time and nighttime.
2:17:39PM Hardly any cars there.
2:17:42PM >>FRANK REDDICK: All right.
2:17:43PM Thank you.
2:17:44PM >>CHARLIE MIRANDA: Anyone in the audience care to speak on
2:17:46PM this item?
2:17:47PM Item number 114?
2:17:49PM Item no 114.
2:17:51PM V 13-92.
2:17:56PM I see no one.
2:17:58PM Ms. Montelione?
2:17:59PM >>LISA MONTELIONE: Thank you.
2:18:00PM There was -- not so fast.
2:18:07PM It was stated that no one from the public or after notice
2:18:14PM was given responded.
2:18:17PM But I don't -- usually, maybe I'm missing it here.
2:18:20PM But usually the neighborhood association is on the list and
2:18:24PM the way we're getting these, because of our new system, it's
2:18:29PM not clear where the neighborhood association was noticed.
2:18:38PM >> Excuse me.
2:18:39PM The participating neighborhood organization is not required
2:18:42PM in this particular location.
2:18:43PM There's not one that participates within his address.
2:18:48PM We show on record.
2:18:51PM >>LISA MONTELIONE: This doesn't include the forest hills
2:18:55PM neighborhood association?
2:18:56PM >> Not in this request, no, ma'am.
2:18:58PM >>LISA MONTELIONE: Hmm.
2:19:00PM Because the forest hills recreation center is not far from
2:19:10PM >> That may be true.
2:19:11PM Probably not within a thousand feet.
2:19:12PM >>LISA MONTELIONE: Okay.
2:19:13PM All right.
2:19:16PM >> We also have a letter, a signed letter from that that
2:19:19PM it's okay.
2:19:21PM >>LISA MONTELIONE: From?
2:19:24PM >>LISA MONTELIONE: If you have something like that, you
2:19:26PM might want to submit it for the record.
2:19:27PM Do you have it with you?
2:19:29PM If I can take a look at that I'd appreciate it.
2:19:49PM >>LISA MONTELIONE: This is a letter from you to ADA Morales.
2:19:55PM >> Somebody was in charge of that building.
2:19:58PM >>LISA MONTELIONE: I'm sorry?
2:19:59PM >> That somebody was in charge of the place that you just
2:20:04PM >>LISA MONTELIONE: Not of the neighborhood association --
2:20:05PM not of forest hills neighborhood association.
2:20:07PM >> No.
2:20:07PM We just went there and talked to them.
2:20:10PM They signed this letter and they give it to us.
2:20:22PM >>LISA MONTELIONE: I'm not familiar -- if she is on the
2:20:26PM board of the association, she's not the president who we
2:20:32PM regularly hear from.
2:20:36PM >>CHARLIE MIRANDA: How far north from this from Busch?
2:20:38PM Is couple of blocks?
2:20:39PM I believe the forest hills, I'm not certain, is 109th.
2:20:43PM I'm not sure.
2:20:45PM >>LISA MONTELIONE: Right.
2:20:47PM >>CHARLIE MIRANDA: My GPS ain't working.
2:20:49PM [ Laughter ]
2:20:51PM >>LISA MONTELIONE: Okay.
2:20:52PM Thank you.
2:20:56PM >> Did you want to give that to the clerk?
2:20:59PM >>LISA MONTELIONE: Yes, I will.
2:21:01PM >>CHARLIE MIRANDA: Anyone else in the audience care to speak
2:21:03PM on this item?
2:21:05PM Need a motion to close.
2:21:08PM >> Move to close.
2:21:09PM >>CHARLIE MIRANDA: Motion to close by Mr. Cohen, second by
2:21:11PM Mr. Reddick.
2:21:11PM All in favor of the motion to close, please indicate by
2:21:13PM saying aye.
2:21:13PM Opposed nay.
2:21:16PM To close the hearing, it's not closed.
2:21:19PM Mr. Reddick or Mr. Suarez?
2:21:22PM >> I'll take it.
2:21:24PM >>MIKE SUAREZ: I present an ordinance being presented for
2:21:26PM first reading consideration, an ordinance approving a
2:21:28PM special use permit, S-2 for alcoholic beverage sales, bar,
2:21:32PM lounge, consumption on premises only, and making lawful the
2:21:35PM sale of beer and wine at or from that certain lot, plot or
2:21:38PM tract of land located at 9340 North Florida Avenue, suite F,
2:21:42PM Tampa, Florida, as more particularly described in section 2,
2:21:46PM that all ordinances or parts of ordinances in conflict are
2:21:49PM repealed; providing an effective date.
2:21:52PM >> Second.
2:21:53PM >>CHARLIE MIRANDA: I have a motion by Mr. Suarez, I have a
2:21:55PM second by Mr. Reddick on a close vote with Mr. Cohen.
2:22:01PM >> Revisions, including the revisions?
2:22:04PM >>MIKE SUAREZ: I apologize.
2:22:05PM I guess I missed that.
2:22:07PM And including the revision sheets, revision sheet as
2:22:11PM provided by staff V 13-92 to the site plan dated august
2:22:16PM >>CHARLIE MIRANDA: I have a motion by Mr. Suarez, corrected,
2:22:18PM second by Mr. Reddick where close vote by Mr. Cohen.
2:22:22PM All in favor of the motion of 114 for approval, please
2:22:26PM indicate by saying aye.
2:22:26PM Opposed nay.
2:22:27PM The ayes have it unanimously.
2:22:28PM >>THE CLERK: And the second reading of the ordinance will be
2:22:30PM held September the 12th at 9:30 a.m.
2:22:35PM >>CHARLIE MIRANDA: Thank you.
2:22:36PM We go to 115.
2:23:16PM >> Next case is V 13-93, before we dig into it, want to let
2:23:21PM Council know, if you've other N ited the staff reports, new
2:23:25PM Maybe might help you -- we're trying to make it more
2:23:28PM readable than it was before.
2:23:30PM If you approve of what we're trying to do, just let us know.
2:23:33PM In the past, we used to provide you a revision sheet.
2:23:39PM But if you'll notice, in the new format, it's included
2:23:41PM actually in the staff report itself.
2:23:43PM So we're trying to, if it works for you guys better, let us
2:23:48PM Next application is V 13-93.
2:23:52PM Current zoning district is CBD-1, central business district.
2:23:57PM The property address is 720 East Zack Street.
2:24:00PM The applicant name is Jan Gorrie.
2:24:02PM Development Review Committee has reviewed the application
2:24:06PM and finds it inconsistent with applicable codes.
2:24:09PM Minor site plan modifications are required between first and
2:24:13PM second readings, if Council so approves this request.
2:24:16PM The AB classification requested is alcohol beverage sales,
2:24:20PM large venue, beer wine and liquor on premises consumption
2:24:24PM The area involved is 14,744 square feet of inside AB area
2:24:32PM There are no parking spaces on-site.
2:24:34PM And thus they're requesting a waiver of all parking from 46
2:24:39PM to zero.
2:24:40PM According to the application submitted, the site is
2:24:44PM developed with an existing two story structure occupied by
2:24:47PM the Tampa firefighters museum.
2:24:48PM The AB area, AB sales area includes 7,895 square feet on the
2:24:55PM first floor and 6,849 square feet on the second floor
2:24:58PM totaling 14,744 square feet.
2:25:01PM There are no outdoor AB sales areas affiliated with this
2:25:05PM The existing museum building is a designated local landmark
2:25:09PM and has no on-site -- offsite parking.
2:25:12PM A letter has been provided from the fire chief, Thomas Ford,
2:25:16PM extending permission through may 2018 for afterhours use of
2:25:22PM 20 parking spaces to the east parking lot adjacent to the
2:25:25PM Tampa fire rescue headquarters for events at the museum.
2:25:28PM The stated and confirmed maximum occupant load is 488
2:25:34PM The museum will not have a full kitchen and is required by
2:25:37PM section 27132, the following have been provided and attached
2:25:42PM site plan with regard to noise attenuation and safety
2:25:46PM Let me show you some photographs of the site.
2:25:51PM Here's the subject museum.
2:26:02PM It's roughly four to five blocks northeast of here.
2:26:06PM Pierce, Jefferson, and here's Zack.
2:26:10PM View of the outside of the building.
2:26:21PM Looking towards the north.
2:26:22PM Going further down the building looking that way.
2:26:26PM Sometime looking towards the north.
2:26:27PM You are looking towards the northeast.
2:26:31PM This is the parking area that they will be using for some of
2:26:34PM their functions that they were talking about.
2:26:36PM This is looking towards the south from the museum.
2:26:40PM Looking across the street to the east.
2:26:44PM Looking towards the north.
2:26:49PM Across Zack.
2:26:50PM Looking towards the south.
2:27:01PM >> Actually, Joel, can I borrow one of your pictures?
2:27:04PM Several of them maybe.
2:27:05PM Thank you.
2:27:09PM I don't know if any of you have been to the museum.
2:27:12PM It's a fabulous historic building.
2:27:15PM And we currently host all kinds of events on the property.
2:27:22PM Usually -- excuse me.
2:27:23PM Jan Gorrie.
2:27:30PM We host an event about once a week there now.
2:27:33PM The caterers that we use oftentimes we're using their
2:27:38PM licenses for any beer, wine and alcohol served now.
2:27:44PM When the building was first put into use, I wanted -- am I
2:27:51PM doing this?
2:27:52PM Is that the right way?
2:27:56PM That way.
2:27:58PM Parking wasn't an issue because behind these doors is a
2:28:03PM grade in the floor.
2:28:05PM And there were horse stables.
2:28:06PM So the original fire equipment was horse driven.
2:28:09PM So that wasn't a problem at that particular time.
2:28:13PM And when we do have functions that we, that we host there
2:28:22PM now -- okay.
2:28:23PM So this is old number one.
2:28:32PM That's existing number one fire station.
2:28:36PM These are the parking spaces that we have had access to when
2:28:39PM we do have events.
2:28:40PM We also have worked with Verizon, who owns the parking
2:28:45PM around the building.
2:28:46PM And we have also worked with 717 parking if we have needed
2:28:52PM to go on the off site.
2:28:55PM So that's what we have been able to put together with regard
2:28:58PM to parking.
2:29:01PM To date.
2:29:02PM And again, we have functions there all the time and we have
2:29:07PM not ever had an issue with that.
2:29:12PM >>CHARLIE MIRANDA: Thank you very much.
2:29:15PM Anyone in the audience care to speak on item 115?
2:29:18PM V 13-93.
2:29:20PM See no one.
2:29:21PM Motion to move by Mr. Reddick, second by Mr. Suarez.
2:29:25PM All in favor of the motion, please indicate by saying aye.
2:29:27PM Opposed nay.
2:29:28PM The ayes have it unanimously.
2:29:28PM Mr. Reddick, would you kindly read number 115 with the
2:29:34PM >>FRANK REDDICK: Yes, Mr. Chair.
2:29:36PM Move an ordinance being presented for first reading
2:29:39PM consideration, an ordinance approving a special use permit,
2:29:42PM S-2 for alcoholic beverage sales, large venue, consumption
2:29:45PM on premises only, and making lawful the sale of beverages
2:29:50PM regardless of alcoholic content - beer, wine and liquor - on
2:29:52PM that certain lot, plot or tract of land located at 720 East
2:29:55PM Zack Street, Tampa, Florida, as more particularly described
2:29:59PM in section 2; that all ordinances or parts of ordinances in
2:30:04PM conflict are repealed; providing an effective date,
2:30:07PM including the site plan revisions for V 13-93, dated
2:30:12PM July 18th, 2013.
2:30:14PM >> Second.
2:30:14PM >>CHARLIE MIRANDA: I have a motion by Mr. Reddick, I have a
2:30:16PM second by Mr. Suarez.
2:30:17PM Further discussion by Councilmembers?
2:30:19PM All in favor of the motion, please indicate by saying aye.
2:30:20PM Opposed nay.
2:30:21PM The ayes have it unanimously.
2:30:22PM Thank you very much all for attending.
2:30:26PM >> The second reading of the ordinance will be held
2:30:29PM September 12 at 9:30 a.m.
2:31:10PM >> Next case is V 13-94.
2:31:13PM Property address is 803 North Tampa Street, current zoning
2:31:17PM district is CBD two.
2:31:19PM That's central business district two.
2:31:21PM The applicant name is Brent and Michelle Deathrage.
2:31:24PM The developmental review committee has reviewed the
2:31:24PM application and finds it inconsistent with current
2:31:28PM applicable codes.
2:31:29PM Minor site plan modifications are required between first and
2:31:32PM second readings if Council approves this application.
2:31:34PM The existing -- the current site has an existing package
2:31:39PM sales license on it for beer and wine.
2:31:44PM They wish to add to the package sales and be able to consume
2:31:48PM on-site with beer and wine for small venue.
2:31:52PM Small venue.
2:31:55PM And beer wine and liquor -- take that back, beer, wine and
2:31:59PM liquor to be able to consume on-site.
2:32:01PM With the area being 2680 square feet inside and 160 square
2:32:06PM feet outside for a total of 2,840 square feet.
2:32:10PM Six parking spaces are reserved in the existing parking
2:32:13PM structure in the tower that exists in.
2:32:15PM There's two waivers being requested.
2:32:18PM One waiver is for other AB establishments within 250 feet
2:32:24PM from 250 feet to 68 feet.
2:32:26PM And for adjacent residential uses from 250 feet to zero.
2:32:30PM According to the application submitted, the site is located
2:32:34PM on the ground floor of the existing 35 story mixed use
2:32:37PM building known by the element.
2:32:39PM More specifically, unit number 803 with front facing Tampa
2:32:45PM The subject property contains existing convenience store and
2:32:49PM cafe with beer and wine.
2:32:50PM Package sales only, containing 2,680 square feet of AB sales
2:32:55PM Proposed change expands the AB sales area to include 160
2:32:59PM square feet of outside area for a total of 2,840 square feet
2:33:03PM and allow for the consumption on premise and package sales
2:33:06PM off premises.
2:33:07PM Based on the site plan, the parking is provided for retail
2:33:11PM uses, 13 spaces on the second floor of the building.
2:33:15PM Pursuant to code, this establishment is required two spaces
2:33:18PM per thousand square feet, which totals six square feet,
2:33:22PM which they have on-site.
2:33:22PM Let me show you some pictures of the site.
2:33:26PM Two blocks north of us, and here's Franklin.
2:33:41PM This is the Element building.
2:33:44PM Closer view.
2:33:47PM Here is a look off Tampa street.
2:33:51PM This is the subject tenant space.
2:33:53PM This is the parking area across the street to the west.
2:33:56PM This is looking down Tampa street to the south.
2:34:00PM There's a front facade picture of the element.
2:34:05PM Condo building.
2:34:06PM And this is looking towards the north.
2:34:16PM >> Good afternoon.
2:34:17PM My name is Brent Deathrage.
2:34:22PM >> Michelle Deathrage.
2:34:23PM We're the owners of Duckweed Urban Market.
2:34:25PM Thank you for having us here today.
2:34:26PM We're really excited to be a part of the community.
2:34:28PM We opened our store two years ago, and 600 square feet and
2:34:30PM many people asked us how we came up with the name Duckweed.
2:34:34PM Duckweed is actually a plant that's ubiquitous here in
2:34:36PM Florida and it's native as a matter of fact, and it's the
2:34:38PM smallest flowering plant, and at that time with 600 square
2:34:42PM feet, we were the world's smallest market, and so it's
2:34:45PM >> It's also actually edible.
2:34:46PM Sometimes when our supplies get a little low, that's always
2:34:48PM an option for us.
2:34:49PM >> So two years later, we are no longer the smallest market
2:34:52PM and we have been able to expand to 2500 square feet.
2:34:55PM But in order for us to do that, our model is based on three
2:34:58PM different aspects.
2:34:59PM It's just a matter, it's a financial size, not an actual
2:35:02PM physical size.
2:35:03PM And the three aspects were the grocery store, the cafe and
2:35:07PM then the beer and wine sales.
2:35:10PM That was the only way that a grocery store we could see
2:35:12PM could survivor in the downtown area and be able to
2:35:14PM accommodate all of the customers and the variety of
2:35:17PM customers that actually come through our doors.
2:35:20PM We specifically picked this location because the majority of
2:35:23PM our customers that come through our doors are the type of
2:35:26PM customers who loves the downtown area.
2:35:29PM And they're not interested in going to a grocery store where
2:35:33PM they have to have a cart.
2:35:34PM And that being said, they want to park their car, go up to
2:35:38PM their apartment and walk down to the grocery store.
2:35:41PM That's a little tricky, because unless you get one of those
2:35:44PM granny carts, you don't want to walk with a gallon of milk
2:35:47PM and a bunch of other groceries.
2:35:49PM So the location was actually very important because it
2:35:52PM allowed us access to the parking across the way for those
2:35:55PM that were able to shop in our store and take the groceries
2:35:57PM with them.
2:35:58PM But also for those residents who were just doing a really
2:36:01PM quick shopping, be able to walk reasonably with several
2:36:04PM pounds of groceries in the bare hand.
2:36:07PM So those three components were extremely important to us.
2:36:10PM And it's the only way we could see that we could financially
2:36:13PM make a grocery store work outside of 600 square feet in the
2:36:16PM downtown area.
2:36:16PM So we're very excited about the opportunity to not only
2:36:20PM groceries, but we have opened our cafe.
2:36:22PM And then that missing link will be that beer and wine
2:36:24PM consumption on-site, so that when we have poetry night or
2:36:28PM local artists coming in and doing shows, our customers can
2:36:31PM not only get their sandwich, their gallon of milk, but also
2:36:34PM enjoy their sandwich and good local entertainment and
2:36:38PM consume a beer or wine on-site.
2:36:40PM That's it.
2:36:41PM Anything you want to add?
2:36:42PM >> That was well said.
2:36:44PM >> Any questions?
2:36:46PM >>CHARLIE MIRANDA: Did you all rehearse this?
2:36:47PM [ Laughter ]
2:36:50PM >>CHARLIE MIRANDA: Mr. Suarez?
2:36:52PM >>MIKE SUAREZ: Thank you.
2:36:52PM You know, you're absolutely wrong about one thing.
2:36:56PM My grandparents owned a much smaller grocery store than your
2:36:59PM original Duckweed.
2:37:00PM And both my grandparents worked together.
2:37:03PM I'm not sure that they were as agreeable for each other.
2:37:08PM [ Laughter ]
2:37:09PM >>MIKE SUAREZ: Working together.
2:37:10PM But I'm glad to see you are.
2:37:12PM The question I have is, you're going to have some outdoor
2:37:15PM cafe, you're going to do sort of sandwiches and you know,
2:37:19PM little something after dinner maybe, maybe some dessert,
2:37:23PM other things.
2:37:24PM Is that what the plan is?
2:37:25PM >> Yes.
2:37:27PM >>MIKE SUAREZ: And it's right there, cafe style right
2:37:30PM >> We have a few tables outside as well always inside.
2:37:32PM >> We have far more inside.
2:37:35PM >>MIKE SUAREZ: It's going to be self-service essentially?
2:37:37PM You come in there, get the stuff and come out?
2:37:40PM >> Decree, correct.
2:37:41PM We do make to order.
2:37:42PM But it's not anything substantial.
2:37:44PM Everything we make to order is also grab and go.
2:37:50PM >>MIKE SUAREZ: Well, you picked the right day to be Duckweed
2:37:52PM when we did ducky.
2:37:54PM I have no other questions, chair.
2:37:56PM >>CHARLIE MIRANDA: Thank you very much.
2:37:57PM Anyone in the audience care to speak on this item, item 116?
2:38:01PM V 13-94.
2:38:03PM Please come forward.
2:38:04PM >> I have not been sworn in yet.
2:38:09PM [Oath administered by Clerk]
2:38:13PM >> Anthony Markal.
2:38:15PM I am -- thank you for having me here.
2:38:19PM I am the beer and wine manager they've brought on to start
2:38:22PM this side of the business going.
2:38:25PM And the angle that I wanted to come to you guys about today
2:38:28PM is, I'm a transplant from the northeast.
2:38:31PM I've been here for about two years now.
2:38:34PM And when I first got here, there was a substantial consensus
2:38:40PM between the customer base and the clientele around the area
2:38:44PM that they would like to have more at their fingertips, where
2:38:47PM they want to be able to enjoy the local downtown area.
2:38:50PM And since I've been down here, as you guys know, things have
2:38:54PM frogged and there have been new businesses opened up.
2:38:57PM And we just want to be a refreshing addition to these local
2:39:02PM We'd like everybody -- I have and we have been able to
2:39:06PM create a very solid relationship with a lot of the downtown
2:39:11PM residents and local businesses.
2:39:13PM And we really feel like that we could all have a really
2:39:18PM beneficial community right there in that central downtown
2:39:22PM and cater to all the residents that really have a hard
2:39:26PM working day.
2:39:27PM And want a refreshing easy solution to their at-home need.
2:39:32PM Hopefully we can be that future.
2:39:33PM And we really appreciate you guys.
2:39:36PM >>CHARLIE MIRANDA: Thank you very much.
2:39:37PM Next please?
2:39:37PM Good afternoon.
2:39:40PM Keith Greminger, 711 South Fielding, Tampa, Florida.
2:39:45PM I work downtown.
2:39:46PM And quite often go into Duckweed for pick up sundry items
2:39:51PM and food items.
2:39:54PM The ability to go there after work and in the evening, to
2:39:57PM pick up items prior to going home, possibly have a cocktail
2:40:00PM and a bite to eat would be a very good add to the community
2:40:04PM downtown vibrant atmosphere.
2:40:06PM The community is growing.
2:40:08PM Lots of people live, work and play downtown.
2:40:10PM And having one establishment where you can do all of those,
2:40:15PM work, live, grab your goods and enjoy yourself, would be an
2:40:19PM added feature to downtown.
2:40:21PM Again would support that you pass this amendment.
2:40:24PM Thank you.
2:40:25PM >>CHARLIE MIRANDA: Thank you very much, sir.
2:40:26PM Anyone necessary the audience care to speak on 116?
2:40:29PM Come forward.
2:40:30PM >> I have not been sworn in yet.
2:40:33PM >>CHARLIE MIRANDA: That's the third time we had a chance.
2:40:37PM [Oath administered by Clerk]
2:40:42PM >> My name is Mark Cordino, a resident of the Element in
2:40:47PM which the Duckweed opened their establishment.
2:40:49PM As a resident, being able to use their facilities, very
2:40:53PM I've entertained and had meals within their cafe so far.
2:40:57PM To have that opportunity to sit down and drink frosty
2:41:00PM beverage with that meal would be great.
2:41:03PM Keep me within the actually walking distance of my
2:41:08PM So, I would encourage support for this.
2:41:10PM >>CHARLIE MIRANDA: Thank you very much, sir.
2:41:11PM Anyone else?
2:41:13PM See no one.
2:41:15PM Need a motion to close.
2:41:16PM >> So moved.
2:41:18PM >> Motion by Mr. Montelione, second by Mr. Suarez.
2:41:20PM All in favor of the motion, please indicate by saying aye.
2:41:23PM Opposed nay.
2:41:23PM The ayes have it unanimously.
2:41:24PM Mr. Cohen, would you take 116?
2:41:28PM >>HARRY COHEN: I move an ordinance being presented for first
2:41:30PM reading consideration, an ordinance approving a special use
2:41:32PM permit S-2 for alcoholic beverage sales, small venue,
2:41:36PM consumption on premises and package sales off premises, and
2:41:39PM making lawful the sale of beverages regardless of alcoholic
2:41:43PM content - beer, wine and liquor - on that certain lot, plot
2:41:45PM or tract of land located at 803 North Tampa Street, Tampa,
2:41:50PM Florida as more particularly described in section 2; that
2:41:53PM all ordinances or parts of ordinances in conflict are
2:41:55PM repealed; providing an effective date and incorporating the
2:41:58PM revision sheet V 13-94.
2:42:02PM >> Second.
2:42:02PM >>I have a motion by Mr. Cohen, I have a second by
2:42:04PM Mr. Suarez for approval.
2:42:06PM All in favor of the motion, please indicate by saying aye.
2:42:08PM Opposed nay.
2:42:10PM The ayes have it unanimously.
2:42:10PM Thank you all very much for appearing.
2:42:13PM >>THE CLERK: The second reading of the ordinance will be
2:42:14PM held September the 12th at 9:30 a.m.
2:42:18PM >>CHARLIE MIRANDA: I know 117 was withdrawn, but I'm going
2:42:21PM to for the record, night a motion to withdraw 117.
2:42:25PM >> So moved.
2:42:26PM >>CHARLIE MIRANDA: Motion by Mr. Cohen, second bring Suarez.
2:42:28PM All in favor of the motion, please indicate by saying aye.
2:42:30PM Opposed nay.
2:42:33PM The ayes have it unanimously.
2:42:34PM 117 is withdrawn.
2:42:35PM 112 was done.
2:42:36PM That's for September 26th at 9:30.
2:42:40PM We go now to -- 107, the maker of that motion is not here.
2:42:47PM And I still don't have the clarity that I need.
2:42:49PM Any other Councilmember would like to move this in the next
2:42:53PM Council meeting?
2:42:54PM >> Move to continue to September 12th at 9:30 a.m.
2:42:58PM >>CHARLIE MIRANDA: 9-12 at 9:30 a.m.
2:43:01PM -- 10:00.
2:43:07PM >>CHARLIE MIRANDA: I have a motion by Mr. Cohen on number
2:43:10PM Second by Mr. Reddick to 9:00-12 to 9:10 in the morning.
2:43:16PM >> All in favor please indicate by saying aye.
2:43:17PM The ayes have it unanimously.
2:43:18PM We can go now to the second reads.
2:43:21PM And then we have two other items left.
2:43:26PM Go to items, second reads, I believe --
2:43:30PM >>LISA MONTELIONE: Well, I was going to say if we can hear
2:43:33PM >>CHARLIE MIRANDA: We can hear 104.
2:43:35PM We can go to 104.
2:43:36PM I didn't know you all were ready.
2:43:53PM >> Good afternoon, Mr. Chair, Council.
2:43:55PM We have before you item no 104, which is a change in award
2:44:01PM to contracts.
2:44:02PM We have a contract for mowing bid that was defaulted on.
2:44:06PM We're going to the next responsible low bidder.
2:44:10PM >>CHARLIE MIRANDA: Ms. Montelione?
2:44:12PM >>LISA MONTELIONE: Thank you, Mr. Chair.
2:44:12PM The reason why I wanted to bring this up was because I don't
2:44:16PM know about the other Councilmembers, but my office had
2:44:19PM received some, some calls relating to the mowing and the
2:44:26PM maintenance, high grass, you know, because you responded.
2:44:31PM And the way -- when I read this, this is a, termed a
2:44:38PM So, these folks are currently, Ameriscape,USA, DBA,
2:44:46PM Ameriscape services are currently performing for us?
2:44:50PM >> Yes.
2:44:52PM Executed two weeks ago.
2:44:54PM >>LISA MONTELIONE: Right.
2:44:54PM Because the initial contractor had defaulted.
2:44:56PM >> Defaulted on us.
2:44:58PM >>LISA MONTELIONE: So, have they been able to -- I guess I'm
2:45:04PM not sure of the timing.
2:45:05PM Was it the contractor who defaulted that wasn't keeping up
2:45:09PM with the mowing?
2:45:10PM And that's why we were getting a lot of calls about the
2:45:15PM properties not being maintained?
2:45:17PM Or was it these folks who had already taken over and could
2:45:22PM not keep up with what needed to be done?
2:45:26PM And in your response, you had cited because of the record
2:45:29PM heavy rains, growth has been really fast.
2:45:34PM >> Correct.
2:45:34PM We had a delay in the first award.
2:45:36PM And then the contractor was given award who defaulted.
2:45:39PM Left us with a challenge.
2:45:41PM And at this point, I would like to inject a special thanks,
2:45:47PM neighborhood services, pitched in with us and we resurrected
2:45:51PM our old mowers and tried to keep them the best we could.
2:45:55PM >>LISA MONTELIONE: I guess that's just what I wasn't clear
2:45:58PM I didn't want to re-award a contract to somebody who wasn't
2:46:00PM performing because of all the complaints that we had
2:46:07PM >> We're monitoring this very closely and we're very pleased
2:46:10PM with this contractor.
2:46:11PM They've met with all our supervisors and walked all the
2:46:14PM >>LISA MONTELIONE: Thank you.
2:46:15PM I wish we could've got you in earlier.
2:46:18PM Our agenda was a little wonky today.
2:46:24PM >>CHARLIE MIRANDA: Who wants to move the resolution?
2:46:26PM >>LISA MONTELIONE: I'll move the resolution.
2:46:27PM >>CHARLIE MIRANDA: I have a motion to move approval
2:46:29PM resolution by Ms. Montelione, seconded by Mr. Reddick, close
2:46:33PM vote, Mr. Suarez.
2:46:34PM All in favor of the move the resolution, please indicate by
2:46:36PM saying aye.
2:46:37PM Opposed nay.
2:46:38PM The ayes have it unanimously.
2:46:38PM Thank you very much, sir.
2:46:40PM We go to item 70.
2:46:44PM 70 -- 70.
2:46:52PM That's one before 71.
2:46:53PM One after 69.
2:46:56PM >> Thank you, Mr. Miranda.
2:46:57PM Julie Mandell, legal department.
2:46:59PM I understand that Councilwoman Montelione had some questions
2:47:04PM to discuss with me.
2:47:06PM And we could go through those if that's Council's pleasure.
2:47:10PM Again, I did give to City Council a copy of the agreement
2:47:15PM that was revised to deal with some issues that were raised
2:47:21PM by the Straz yesterday.
2:47:24PM In order to make it very clear that the timing of the way
2:47:29PM the roadway reconstruction would occur, as well as the
2:47:33PM construction of the arrival plaza.
2:47:36PM I'm available for any questions.
2:47:37PM I know, as I said, Ms. Montelione had some for me.
2:47:41PM >>CHARLIE MIRANDA: Ms. Montelione?
2:47:42PM >>LISA MONTELIONE: Thank you very much.
2:47:42PM And I thank everyone for their indulgence because being we
2:47:50PM were just handed the revised contract this morning, I wanted
2:47:52PM the opportunity to review that.
2:47:54PM And thank you for your work, newly minted city attorney,
2:47:57PM Julie Mandell, because I know you were revising this
2:48:00PM probably at midnight last night.
2:48:03PM And I'm going to go through this paragraph by paragraph,
2:48:06PM where I have questions.
2:48:07PM And beginning with the clarification of the location of
2:48:12PM Exhibit C.
2:48:14PM We had discussed that the exhibit provided was a little
2:48:19PM unclear as to the connection for the walkway.
2:48:23PM It seemed a little disjointed on the -- I'm sorry,
2:48:26PM Mr. Greminger, on your diagram that was provided by
2:48:30PM Kimley-Horn, where the Poe garage is and another rectangular
2:48:36PM structure coming in and it doesn't appear to make that
2:48:38PM connection, but I trust that it will.
2:48:41PM >>JULIA MANDELL: Yes.
2:48:42PM The intent, obviously by the statement that it is the
2:48:46PM remaining elevated walkway, in its current location, there
2:48:50PM seemed to be a little bit of a triangle that was missing.
2:48:55PM >>LISA MONTELIONE: Thank you.
2:48:56PM Just wanted to make that clear.
2:48:57PM If anybody looks at this diagram, that that does make the
2:49:00PM connection there.
2:49:01PM So paragraph 2.4, we have language that seems to be
2:49:08PM inconsistent with what I had requested it in the five
2:49:11PM percent contingency be included in the budget for this
2:49:14PM roadway improvement.
2:49:16PM And I would like to ask you to revise that language so that
2:49:22PM it is very clear that the five percent contingency would be
2:49:26PM over and above this stated $2,552,000 that is quoted in
2:49:34PM paragraph 2.4.
2:49:36PM >>JULIA MANDELL: Yes, certainly we did discuss this,
2:49:39PM Ms. Montelione and I.
2:49:41PM And I will revise paragraph 2.4 and 3.4 to read the
2:49:48PM following language.
2:49:49PM In addition, the budget shall include a contingency of no
2:49:52PM less than five percent over and above the total roadway
2:49:54PM improvement budget for the arrival plaza budget.
2:49:57PM That was the intent of the section.
2:49:58PM And just to go ahead and make that very clear, I'm pleased
2:50:01PM to go ahead and make that change.
2:50:03PM >>LISA MONTELIONE: When we use the word cap, that is where I
2:50:07PM think that legally we might have an inconsistency because a
2:50:11PM cap is perceived as this is it, this is your final number.
2:50:15PM And then we're asking for an additional five percent.
2:50:18PM So whether or not that cap moves up to include that five
2:50:20PM percent, I want to make absolutely clear that it does
2:50:22PM include the five percent.
2:50:24PM >>JULIA MANDELL: The intent is that the five percent would
2:50:26PM be over and above any amount that is determined to be the
2:50:30PM total final budget.
2:50:31PM And if that total final budget is at the cap, which is
2:50:35PM contained within 2.4, it would be over and above that
2:50:38PM >>LISA MONTELIONE: Okay.
2:50:39PM And then likewise, revising the language so that they are
2:50:46PM complementary and in agreement in legal terms.
2:50:49PM Paragraph 2.7, where financial security, it would also
2:50:54PM include that five percent over and above the 2.5.
2:50:59PM >>JULIA MANDELL: We will make that as a change that is
2:51:01PM consistent throughout the agreement.
2:51:03PM >>LISA MONTELIONE: Okay.
2:51:03PM And then we have similar statements for 3.4 and 3.7, which
2:51:09PM also talk about the, only this time it refers to the arrival
2:51:13PM plaza budget, which is attached as Exhibit D.
2:51:18PM But it's not labeled proposed, which I think it should be,
2:51:24PM It is a proposed budget.
2:51:26PM And also should include the five percent contingency and
2:51:30PM therefore, 3.7, which is the financial security should also
2:51:34PM include that five percent contingency.
2:51:46PM >> Are you done?
2:51:49PM >>LISA MONTELIONE: I have two more.
2:52:31PM >> Can I take a minute on that particular item and could we
2:52:35PM go through the remainder and then I can go back and have the
2:52:39PM conversation with the developer's attorney to make sure we
2:52:41PM are all on the same page on that five percent, over, under?
2:52:46PM >>LISA MONTELIONE: Certainly.
2:52:46PM I had thought that that conversation had already taken place
2:52:51PM because I had assurance.
2:52:54PM >>JULIA MANDELL: I understand what you're saying.
2:52:59PM >>HARRY COHEN: Let me ask.
2:53:00PM Mr. Suarez, do you want to wait with your comments or make
2:53:02PM them now?
2:53:03PM >>MIKE SUAREZ: I can wait.
2:53:04PM >>LISA MONTELIONE: I just have two more things.
2:53:06PM One more related to the five percent and that is paragraph
2:53:09PM 5.4, which references both the roadway improvement final
2:53:12PM budget and the arrival plaza final budget and then also
2:53:16PM should include the five percent contingency.
2:53:18PM The difference that you and I talked about between paragraph
2:53:26PM 6.1 and 6.2 actually coming off the financial discussion.
2:53:32PM Could you explain the difference that -- because when I was
2:53:37PM reading it, I was confused.
2:53:39PM So I just want it for the record.
2:53:42PM >>JULIA MANDELL: So to make it clear, there is a provision
2:53:44PM in the agreement which states that for the purposes of the
2:53:47PM construction of the residence of Riverwalk tower, that the
2:53:53PM CO or temporary CO cannot be -- can be issued if the roadway
2:54:01PM improvements have not been completed, because many of those
2:54:03PM roadway improvements are not related directly to the
2:54:07PM construction of the tower.
2:54:08PM That's 6.1.
2:54:10PM But 6.2 goes on to say that the temporary or permanent CO
2:54:16PM can be held for the construction of the tower if the
2:54:21PM improvements to the Tyler Street portion, which is the entry
2:54:25PM point into both the residence of Riverwalk and into the
2:54:29PM arrival plaza, and the arrival plaza have not been
2:54:32PM So those items will need to be completed prior to any
2:54:36PM issuance of any temporary or permanent CO.
2:54:41PM >>LISA MONTELIONE: So main one refers to Cass and other
2:54:45PM refers to Tyler.
2:54:46PM I just want to make sure that that's clear.
2:54:49PM >> And for the purposes of the record that is because not
2:54:52PM all of the improvements directly relate to the construction
2:54:54PM of the tower.
2:54:55PM >>LISA MONTELIONE: And this is number 7, and just as -- the
2:55:02PM warranty that's referenced in number seven is, as a
2:55:07PM condition of acceptance of the roadway improvements and the
2:55:09PM arrival plaza improvements, the developer shall provide a
2:55:15PM warranty regarding roadway improvements and the arrival
2:55:18PM plaza improvements and I'm skipping over some sentences
2:55:21PM here, but it references a 12 month warranty period.
2:55:24PM And you know, for me, I relate 12 month warranty period to a
2:55:30PM single-family, little settling, little cracking and you want
2:55:34PM to replace tile.
2:55:35PM But when we're talking about roadway improvements and
2:55:38PM arrival plaza improvements of this scope, I think that you
2:55:42PM know, a longer period, 24 months might be more appropriate
2:55:46PM than 12.
2:55:46PM That would be just the preference to protect, you know, us
2:55:51PM from having a situation where it wasn't anticipated and then
2:55:57PM the city is on the hook to go back and make those repairs
2:56:00PM after a year has passed.
2:56:02PM >>JULIA MANDELL: I will tell you that in other construction
2:56:05PM agreements, that 12 months has been standard that is
2:56:08PM certainly a question I can request the developer's attorney
2:56:12PM to see if they agree to something more than that.
2:56:14PM But it is standard for all other agreements that I have been
2:56:17PM involved with.
2:56:17PM >>LISA MONTELIONE: I appreciate just asking the question.
2:56:20PM Thank you.
2:56:22PM >>HARRY COHEN: Okay.
2:56:22PM I -- my understanding is we're going to hold this until
2:56:25PM after we do the second readings.
2:56:27PM So we will return to item number 70.
2:56:30PM Mr. Suarez, do you want to ask your question now or wait?
2:56:34PM >>MIKE SUAREZ: If I could.
2:56:35PM Because she's going to go off and do more research.
2:56:38PM I had not talked to her previously about this particular
2:56:40PM I have questions, a question specifically -- there's a
2:56:45PM mistake on your contract on 5.2.
2:56:48PM Which I'll get to in a second.
2:56:51PM You have a typo, should be force mange.
2:56:57PM It's already floral.
2:56:58PM Maybe misspelled too.
2:57:01PM 5.3, where you put in a term of art concerning business
2:57:05PM Business interruption, you need to clarify that a little bit
2:57:09PM within the scope of that because typically business
2:57:12PM interruption concerns direct physical loss in relation to
2:57:17PM something that belongs to the insured.
2:57:20PM Even putting that as additional insured the Straz, it may
2:57:25PM not fully indemnify them for that particular loss that we're
2:57:30PM talking about, specifically the Broadway series.
2:57:32PM So, I think that needs to be a little bit clarified in terms
2:57:35PM of where you're looking at that, within either an insurance
2:57:39PM contract or anywhere else, so that we're clear as to what
2:57:43PM that means.
2:57:43PM You can take a look at that and then if you want, if you've
2:57:46PM got the answer when you come back, that's fine.
2:57:48PM If not, that's fine too.
2:57:50PM Just want to keep you aware of that because when you add
2:57:53PM those two terms in there, it may not make sense, at least it
2:57:58PM doesn't make sense in my mind.
2:58:01PM Because you may be using it in a legal term that has some
2:58:04PM other meaning that I don't know about.
2:58:06PM But because you're doing it in terms of indemnification, and
2:58:10PM it's implied within the scope of the language, I want to
2:58:14PM make sure that we're clear as to what we're doing.
2:58:16PM >>JULIA MANDELL: I understand exactly what you're saying.
2:58:19PM The intent -- I will tell you that the intent, this was
2:58:21PM something that was heavily discussed between both the
2:58:23PM parties and the Straz Center, is to assure that in the
2:58:28PM event, the and actually this has been extended a little bit
2:58:32PM to include during the entire construction of the residence
2:58:34PM of Riverwalk as well as the arrival plaza and the roadway
2:58:39PM The intent is to assure that if there is any occurrence
2:58:44PM which would create something which disrupts the operation or
2:58:51PM performances or the business of the Straz Center, that there
2:58:54PM would be a policy in place that would assure that if there
2:58:57PM was any loss as a result of that interruption, that the
2:59:00PM Straz could be made whole.
2:59:01PM And that was the intent.
2:59:03PM So --
2:59:05PM >>MIKE SUAREZ: I know that was the intent.
2:59:06PM I don't know if the mechanism that is mentioned might be,
2:59:09PM might not fit the needs of that particular intent.
2:59:12PM If you understand what I'm saying.
2:59:14PM >>JULIA MANDELL: I do understand what you're saying.
2:59:17PM >>MIKE SUAREZ: If you could clarify that.
2:59:19PM Don't have to clarify it today.
2:59:20PM But before.
2:59:22PM >>JULIA MANDELL: I think it is important for me to state on
2:59:24PM the record what the intent is, so that there is no question
2:59:27PM So I appreciate the question.
2:59:28PM But that way it's very clear to everybody in the room, even
2:59:32PM if we don't get to that exact language within the scope of
2:59:34PM this agreement Tallahassee, any insurance policy that is
2:59:36PM purchased, that's the intent of the insurance policy.
2:59:39PM >>MIKE SUAREZ: Okay.
2:59:40PM Same intent doesn't mean good faith.
2:59:44PM >>JULIA MANDELL: No but as we negotiate that policy, making
2:59:47PM sure that we get as close as that as possible would be the
2:59:50PM triggerpoint for that.
2:59:52PM >>MIKE SUAREZ: Thank you.
2:59:52PM >>CHARLIE MIRANDA: Mr. Reddick?
2:59:54PM >>FRANK REDDICK: You didn't realize you were going to get
2:59:56PM all these yes, sir on the Dave your confirmation, did you?
3:00:00PM >>JULIA MANDELL: That's all right.
3:00:01PM It's just another day for me.
3:00:02PM I've been doing this for nine years.
3:00:04PM >>FRANK REDDICK: I just wanted to congratulate you on being
3:00:06PM confirmed by this Council earlier today.
3:00:09PM I think no one had a chance to say it.
3:00:11PM >>CHARLIE MIRANDA: We were waiting for new business.
3:00:14PM >>FRANK REDDICK: Congratulations.
3:00:15PM >>JULIA MANDELL: If I make it to new business.
3:00:17PM [ Laughter ]
3:00:18PM >>LISA MONTELIONE: We all agree on that point.
3:00:20PM >>CHARLIE MIRANDA: Two words, buena suerte.
3:00:26PM >> Somebody needs to translate.
3:00:28PM >> A girl from the part of Miami that didn't learn a lot of
3:00:33PM [ Laughter ]
3:00:33PM >>CHARLIE MIRANDA: But from the north side.
3:00:35PM If you weren't from the south side.
3:00:36PM Means good luck.
3:00:41PM >>CHARLIE MIRANDA: Okay, we're holding 70.
3:00:44PM We're going now to second reads.
3:00:47PM 78 through 93.
3:00:49PM Before I get there, night to receive and file any documents
3:00:52PM between 78 and 93.
3:00:54PM So moved by Ms. Montelione, second by Mr. Cohen.
3:00:56PM All in favor of that, please indicate by saying aye.
3:00:59PM Opposed nay.
3:01:00PM The ayes have it unanimously.
3:01:01PM Need to open 78 through 93.
3:01:09PM >> So moved.
3:01:11PM >>CHARLIE MIRANDA: Motion bring Suarez, second bring Reddick
3:01:13PM to open.
3:01:14PM All in favor of the motion, please indicate by saying aye.
3:01:15PM Opposed nay.
3:01:17PM The ayes have it unanimously.
3:01:18PM We go to number 78.
3:01:21PM Ordinance for second reading and adoption.
3:01:23PM Mr. Suarez?
3:01:25PM Anyone in the audience care to speak on item number 78?
3:01:32PM It's one on North Dale Mabry Highway, 2301.
3:01:35PM Anyone going to speak on 78?
3:01:49PM >>CATHERINE COYLE: I believe it's just a scrivener's error
3:01:52PM that's being fixed.
3:01:54PM >>CHARLIE MIRANDA: Right.
3:01:54PM If you would discuss the scrivener.
3:01:58PM >>CATHERINE COYLE: I am not the scribe.
3:02:01PM >>CHARLIE MIRANDA: Here to speak?
3:02:02PM >> An thrown Rodriguez of Foley & Lardner on behalf of the
3:02:05PM It is entirely a scriveners error, replacing exhibit A that
3:02:09PM existed in the original ordinance.
3:02:11PM >>CHARLIE MIRANDA: Thank you very much.
3:02:12PM Anyone else?
3:02:14PM I have a motion by Ms. Montelione, second by Mr. Cohen.
3:02:18PM All in favor of the motion, please indicate by saying aye.
3:02:19PM Opposed nay.
3:02:20PM The ayes have it unanimously.
3:02:21PM Mr. Suarez, would you kindly read 78?
3:02:24PM >>MIKE SUAREZ: Thank you, chair.
3:02:25PM I present an ordinance for second reading and adoption.
3:02:28PM An ordinance amending orange nobody 2013-23, passed and
3:02:33PM ordained by the City Council of the City of Tampa on
3:02:35PM February 7, 2013, which approved a special use permit for
3:02:40PM 2301 North Dale Mabry Highway, correcting a scrivener's
3:02:45PM error by substituting a revised exhibit A for the exhibit A
3:02:48PM that was supplied in error; providing for severability,
3:02:52PM providing an effective date.
3:02:54PM >>CHARLIE MIRANDA: Motion for approval by Mr. Suarez, send
3:02:55PM by Mr. Reddick.
3:02:56PM Roll call vote.
3:02:57PM Vote and record.
3:03:05PM >>THE CLERK: Motion carried with Capin and Mulhern being
3:03:09PM >>CHARLIE MIRANDA: Item number 79.
3:03:17PM Same scrivener, same error, huh?
3:03:20PM >> Yes, sir.
3:03:21PM It's substituting the exhibit they had changed the site plan
3:03:25PM to shrink the size and we had not changed the exhibit to
3:03:29PM match that.
3:03:30PM >>MIKE SUAREZ: Can we get a new scrivener?
3:03:32PM [ Laughter ]
3:03:32PM >>CHARLIE MIRANDA: Anyone in the audience care to speak on
3:03:35PM >> Motion to close.
3:03:36PM >>CHARLIE MIRANDA: Motion by Mr. Cohen, second by
3:03:38PM Mrs. Montelione.
3:03:39PM All in favor of the motion, please indicate by saying aye.
3:03:41PM The ayes have it unanimously.
3:03:43PM Mr. Reddick, would you kindly read number 79.
3:03:46PM >>FRANK REDDICK: I move an ordinance being presented for
3:03:48PM second reading and adoption, an ordinance amending ordinance
3:03:50PM nobody 2012-141, passed and ordained by the City Council of
3:03:55PM the City of Tampa on December 6, 2012, which approved a
3:03:59PM special use permit for 2901 west Columbus Drive, correcting
3:04:03PM a scriveners error by substituting a revised Exhibit A for
3:04:07PM the exhibit A that was supplied in error; providing for
3:04:13PM severability, providing an effective date.
3:04:14PM >> Motion for approval by Mr. Reddick, second by Mr. Suarez.
3:04:17PM Roll call vote.
3:04:18PM Vote and record.
3:04:22PM >>THE CLERK: Motion carried with Capin and Mulhern being
3:04:27PM >>CHARLIE MIRANDA: Go to item number 80.
3:04:33PM >> Joel Sousa, I'm here for items 80 and 81.
3:04:37PM Site plans very certified by zoning administrator.
3:04:40PM Staff is here for any questions.
3:04:41PM >>CHARLIE MIRANDA: Thank you very much.
3:04:43PM >> Good afternoon, Mr. Chairman, members of Council, my name
3:04:46PM is Mark Bentley, 201 Franklin Street representing the
3:04:51PM At the conclusion of the last public hearing, City Council
3:04:54PM requested additional information concerning the ability to
3:04:56PM park on the adjacent property, which is the same owner as
3:05:01PM the subject property.
3:05:03PM And so what we have done, our engineer is here to answer any
3:05:07PM But essentially there's 111 parking spaces available on the
3:05:10PM eastern property for overflow parking if necessary.
3:05:13PM So that gives a combined number of 185, which is roughly 67%
3:05:17PM of what the city deems is necessary for the proposed wet
3:05:22PM >>CHARLIE MIRANDA: Anyone in the audience care to speak on
3:05:24PM item 80?
3:05:26PM >> You want to see the plan, I can show that to you.
3:05:29PM >>CHARLIE MIRANDA: I see no one.
3:05:30PM Need a motion to close.
3:05:32PM >>CHARLIE MIRANDA: Motion to close by Mr. Cohen, second
3:05:34PM bring Suarez.
3:05:34PM All in favor of the motion, please indicate by saying aye.
3:05:36PM Opposed nay.
3:05:38PM The ayes have it unanimously.
3:05:38PM Mr. Cohen, would you kindly take number 80 please?
3:05:41PM >>HARRY COHEN: Thank you very much, Mr. Chair.
3:05:42PM I move an ordinance being presented for second reading and
3:05:45PM adoption, an ordinance repealing ordinance number 2012-84,
3:05:49PM approving a special use permit S-2 for alcoholic beverage
3:05:53PM sales, large venue on premises only, and making lawful the
3:05:58PM sale of beverages regardless of alcoholic content - beer,
3:06:06PM wine and liquor - on that certain lot, plot or tract of land
3:06:07PM located at 6807 East Adamo Drive, Tampa, Florida, as more
3:06:11PM particularly described in Section 3, that all ordinances or
3:06:13PM parts of ordinances in conflict are repealed; providing an
3:06:15PM effective date.
3:06:16PM >> Second.
3:06:17PM >>CHARLIE MIRANDA: Motion for approval, Mr. Cohen, second by
3:06:19PM Mr. Suarez.
3:06:19PM Roll call vote.
3:06:20PM Vote and record.
3:06:22PM >>THE CLERK: Motion carried with Capin and Mulhern being
3:06:29PM >> Thank you very much.
3:06:30PM Have a great day.
3:06:31PM >>CHARLIE MIRANDA: 81.
3:06:41PM >> 81 has been provided.
3:06:47PM Applicant is in the back.
3:06:49PM >>CHARLIE MIRANDA: Petitioner?
3:06:55PM >> Good afternoon.
3:06:57PM Chairman, Council, William Murray, victory coffee.
3:07:01PM >>CHARLIE MIRANDA: Anyone in the audience care to speak on
3:07:03PM item 81?
3:07:05PM V 13-62.
3:07:07PM See no one.
3:07:08PM Have a motion to close by Mr. Reddick, second by Mr. Suarez.
3:07:11PM All in favor of the motion, please indicate by saying aye.
3:07:13PM The ayes have it unanimously.
3:07:14PM Ms. Montelione, would you kindly take number 81 please?
3:07:18PM >>LISA MONTELIONE: Absolutely sir.
3:07:19PM I move an ordinance being presented for second reading and
3:07:23PM adoption, an ordinance approving a special use permit S-2
3:07:26PM for alcoholic beverage sales, mall venue consumption on
3:07:29PM premises and package sales off premises, making lawful the
3:07:32PM sale of beer and wine at or from that certain lot, plot or
3:07:35PM tract of land located at 101 north 12th street, unit 101,
3:07:40PM Tampa, the Florida as more particularly described in section
3:07:42PM 2, that all ordinances or parts of ordinances in conflict
3:07:45PM are repealed; providing an effective date.
3:07:48PM >> Second.
3:07:48PM >>CHARLIE MIRANDA: Motion for approval by Ms. Montelione,
3:07:50PM second by Mr. Cohen.
3:07:51PM Roll call vote.
3:07:52PM Vote and record.
3:07:54PM >>THE CLERK: Motion carried with Capin and Mulhern being
3:08:02PM >>CHARLIE MIRANDA: Item number 82.
3:08:06PM >> Good afternoon, Council, Abbye Feeley, land development
3:08:10PM Item number T did not submit revised site plans.
3:08:15PM So that second reading would need to be continued till your
3:08:18PM next available hearing date.
3:08:20PM >>CHARLIE MIRANDA: Is the petitioner here?
3:08:21PM >> He's not.
3:08:22PM >>CHARLIE MIRANDA: So then when's that next available date?
3:08:25PM >> September 12th.
3:08:26PM >>CHARLIE MIRANDA: Motion Mr. Cohen.
3:08:29PM >>HARRY COHEN: Move to continue to September 12th 10:00 a.m.
3:08:33PM >>CHARLIE MIRANDA: Motion -- 9:30 a.m.
3:08:36PM >>CHARLIE MIRANDA: Motion for September 12th at 9:30.
3:08:38PM Second by Suarez on 82.
3:08:39PM All in favor of the motion, please indicate by saying aye.
3:08:41PM Opposed nay.
3:08:43PM The ayes have it unanimously.
3:08:45PM >> If I may, Abbye Feeley, Land Development Coordination,
3:08:48PM item number 83, 51, you continued to 9-12.
3:08:58PM >>CHARLIE MIRANDA: 84 we're going to bring back.
3:09:00PM >>ABBYE FEELEY: So 83, 84, 86, 87, 88, 90, 91 and 92 have
3:09:07PM all been certified and have been provided to the clerk.
3:09:10PM And I have copies of those for your review as well.
3:09:12PM >>CHARLIE MIRANDA: Thank you very much.
3:09:12PM Appreciate it very much.
3:09:14PM Petitioner here on 83?
3:09:22PM >> I have not been sworn.
3:09:27PM >>CHARLIE MIRANDA: Is anybody else that hasn't been sworn?
3:09:29PM Because this is about the 19th time today.
3:09:32PM If you're going to speak.
3:09:35PM [Oath administered by Clerk]
3:09:43PM >> I do want to say we had nothing on this project that
3:09:47PM anything to deal with ducks, unfortunately.
3:09:49PM Pursuant to the comments minor modifications for the
3:09:58PM waivers, we have produced revised drawings and a new waiver
3:10:03PM Does Council wish for me to go over the waivers?
3:10:08PM Other than that, there are no changes from the original
3:10:12PM presentation or the project.
3:10:14PM >>CHARLIE MIRANDA: What I'm going to ask you, this plan has
3:10:17PM changed any significance?
3:10:18PM If it does, we got to go back for first reading.
3:10:21PM >> It has not.
3:10:22PM >>CHARLIE MIRANDA: What is it you want me to do for you?
3:10:24PM Vote for you or vote against you?
3:10:27PM >> Vote for me of course.
3:10:29PM >>CHARLIE MIRANDA: I'm trying to be real nice to you.
3:10:30PM >> I understand.
3:10:33PM >>CHARLIE MIRANDA: Anything else, Abbye, that needs to be
3:10:35PM done in this case?
3:10:36PM It's all set.
3:10:38PM It's all done and concrete.
3:10:40PM All we need to do is swear you in.
3:10:41PM Anyone else in the audience care to speak on item 83, V
3:10:49PM I have a motion to close by Mr. Cohen, second by
3:10:52PM Mr. Reddick.
3:10:53PM All in favor of the motion, please indicate by saying aye.
3:10:54PM Opposed nay.
3:10:56PM The ayes have it unanimously.
3:10:56PM Mr. Suarez, would you kindly take 83 please?
3:10:59PM >>MIKE SUAREZ: I really will.
3:11:01PM I move an ordinance for second reading and adoption, an
3:11:04PM ordinance rezoning property in the general vicinity of 3015
3:11:08PM west Azeele street and 315 south New Jersey avenue, in the
3:11:12PM City of Tampa, Florida and more particularly described in
3:11:15PM section 1, from zoning district classifications PD, planned
3:11:19PM development, office, medical and personal services, to PD,
3:11:22PM planned development, office, medical and personal services,
3:11:26PM providing an effective date.
3:11:27PM >> Second.
3:11:28PM >>CHARLIE MIRANDA: Motion for approval of Mr. Suarez, second
3:11:30PM by Mr. Reddick.
3:11:31PM Roll call vote.
3:11:32PM Vote and record.
3:11:33PM >>THE CLERK: Motion carried with Capin and Mulhern being
3:11:41PM >>CHARLIE MIRANDA: Thank you very much.
3:11:41PM On 84, you want to bring?
3:11:49PM >> I am recusing myself from voting on 84 because my
3:11:52PM father's petition.
3:11:53PM >>CHARLIE MIRANDA: You like to bring it back from
3:11:54PM September 12th where it was originally set for today?
3:11:57PM >> Yes, please, Mr. Chairman.
3:11:59PM >>CHARLIE MIRANDA: I need a motion to, to set the motion we
3:12:05PM made earlier putting this to December -- September 12th.
3:12:08PM To rescind that motion that we did earlier.
3:12:11PM >> Move to rescind.
3:12:13PM >>CHARLIE MIRANDA: From September 12th back to the original
3:12:16PM date, which is today.
3:12:17PM Motion by Mr. Reddick, second by Mr. Suarez.
3:12:19PM All in favor of the motion, please indicate by saying aye.
3:12:20PM Opposed nay.
3:12:22PM The ayes have it unanimously.
3:12:23PM >> Yes, Mr. Chairman, John Grandoff on behalf of the
3:12:26PM petitioner, 3700 Bank of America Plaza.
3:12:28PM I request approval on second reading please.
3:12:31PM >>CHARLIE MIRANDA: Thank you very much.
3:12:31PM Anyone in the audience care to speak on S 13-25?
3:12:35PM I see no one.
3:12:37PM I have a motion to close by Mr. Suarez, second bring
3:12:40PM All in favor of the motion, please indicate by saying aye.
3:12:42PM Opposed nay.
3:12:43PM The ayes have it unanimously.
3:12:44PM >> Just for the record, Mr. Cohen did file form AB with the
3:12:47PM clerk announcing his conflict.
3:12:49PM >>CHARLIE MIRANDA: Thank you very much.
3:12:50PM Ms. Montelione, would you kindly take number 84 please?
3:12:54PM >>LISA MONTELIONE: I move an ordinance being presented for
3:12:55PM second reading and adoption, an ordinance rezoning the
3:12:58PM property in the general vicinity of 4905 and 4907 South
3:13:02PM Elberon Street in the City of Tampa, Florida and more
3:13:04PM particularly described in section 1 from zoning district
3:13:07PM classifications CG commercial general to PD planned
3:13:10PM development, residential, multi-family, providing an
3:13:12PM effective date.
3:13:13PM >> Second.
3:13:13PM >>CHARLIE MIRANDA: Motion by Ms. Montelione for approval on
3:13:15PM 84, second bring Suarez.
3:13:16PM Roll call vote.
3:13:17PM Vote and record.
3:13:19PM >>THE CLERK: Motion carried with Capin and Mulhern being
3:13:29PM And Cohen abstaining from the vote.
3:13:32PM >>CHARLIE MIRANDA: Okay, 51 we took care of.
3:13:34PM That's September 12th.
3:13:36PM We go to number 86.
3:13:47PM >> I think Ms. Grimes was here.
3:13:50PM >>CHARLIE MIRANDA: I don't know.
3:13:51PM [ Laughter ]
3:13:55PM >>CHARLIE MIRANDA: I never had a day like today.
3:13:57PM >> Yeah, you have.
3:14:00PM >>LISA MONTELIONE: It's been nothing if not interesting.
3:14:02PM >>CHARLIE MIRANDA: Oh, it's exciting.
3:14:04PM >> It's groundhog day.
3:14:18PM >>LISA MONTELIONE: We need interlude music.
3:14:20PM [ Laughter ]
3:14:21PM >> Gina Grimes, Hill Ward and Henderson representing the
3:14:36PM Mr. Grandoff was here.
3:14:43PM He was going to step up for me.
3:14:47PM >> Obviously didn't.
3:14:51PM >>CHARLIE MIRANDA: All right.
3:14:51PM Anyone in the audience care to speak on this item, 86?
3:14:57PM >> Move to close.
3:14:58PM >>CHARLIE MIRANDA: Motion to close by Mr. Suarez, second by
3:15:00PM Mr. Cohen on 86.
3:15:02PM All in favor of the motion, please indicate by saying aye.
3:15:03PM Opposed nay.
3:15:05PM The ayes have it unanimously.
3:15:05PM Mr. Suarez, would you kindly take number 86 please.
3:15:10PM >>MIKE SUAREZ: Sure.
3:15:10PM I present an ordinance for second reading and adoption, an
3:15:14PM ordinance rezoning property in the general vicinity of 116
3:15:16PM South Church Street in the City of Tampa, Florida and more
3:15:19PM particularly described in section 1, from zoning district
3:15:22PM classifications, RM-24 residential multi-family, to PD
3:15:27PM planned development commercial, off street parking,
3:15:31PM providing an effective date.
3:15:32PM >> Second.
3:15:33PM >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by
3:15:34PM Mr. Cohen.
3:15:35PM Roll call vote.
3:15:36PM Vote and record.
3:15:38PM >>THE CLERK: Motion carried with Capin and Mulhern being
3:15:48PM >>CHARLIE MIRANDA: Thank you all very much for attending.
3:15:51PM Number 87.
3:15:52PM Yes, sir?
3:15:59PM >> Steve Semonich, 2816 South MacDill Avenue, Tampa,
3:16:04PM Florida, representing property owner.
3:16:05PM I have nothing more to add from first reading and just
3:16:07PM gratefully request your approval.
3:16:09PM >>CHARLIE MIRANDA: Thank you very much, sir.
3:16:10PM Anyone in the audience care to speak on 87, Z13-35.
3:16:17PM Motion to close by Mr. Cohen, second by Mr. Suarez.
3:16:19PM All in favor of the motion, please indicate by saying aye.
3:16:21PM The ayes have it unanimously.
3:16:21PM Mr. Cohen, will you kindly take number -- excuse me,
3:16:25PM Mr. Reddick, would you take number 85 please.
3:16:28PM >>FRANK REDDICK: Move an ordinance presented for second
3:16:30PM reading and adoption, an ordinance rezoning property in the
3:16:32PM general vicinity of 5402 north McKay Avenue in the City of
3:16:36PM Tampa, Florida and more particularly described in section 1,
3:16:39PM from zoning district classifications, RS-50, residential
3:16:43PM single-family, to PD planned development, school, providing
3:16:46PM an effective date.
3:16:47PM >> Second.
3:16:48PM >>CHARLIE MIRANDA: I have a motion for approval by
3:16:50PM Mr. Reddick, second bring Suarez.
3:16:51PM Roll call vote.
3:16:52PM Vote and record.
3:16:54PM >>THE CLERK: Motion carried with Capin and Mulhern being
3:17:02PM >>CHARLIE MIRANDA: Number 88.
3:17:03PM Yes, sir?
3:17:06PM >> Clayton Bricklemyer, Bricklemyer law group, 400 north
3:17:11PM Ashley, here for the petitioner, just ask for your approval.
3:17:14PM >>CHARLIE MIRANDA: Anyone in the audience care to speak on
3:17:18PM Motion to close by Mr. Cohen, second by Mr. Suarez.
3:17:21PM All in favor of the motion, please indicate by saying aye.
3:17:22PM Opposed nay.
3:17:24PM The ayes have it unanimously.
3:17:24PM Mr. Cohen, would you kindly take number 88 please?
3:17:28PM >>HARRY COHEN: I move an ordinance being presented for
3:17:30PM second reading and adoption, an ordinance rezoning property
3:17:32PM in the general vicinity of 10550 Taboo Drive and 10610
3:17:38PM Broken Arrow Drive in the City of Tampa, Florida and more
3:17:41PM particularly described in section one, from zoning district
3:17:45PM classification AS-1, agricultural, single-family,
3:17:51PM Hillsborough County zoning district, to PD, planned
3:17:53PM development, multi-family city of Tampa zoning district,
3:17:56PM providing an effective date.
3:17:56PM >>CHARLIE MIRANDA: Motion for approval by Mr. Cohen, second
3:17:57PM by Mr. Reddick.
3:17:58PM Roll call vote, vote and record.
3:18:01PM >>THE CLERK: Motion carried with Capin and Mulhern being
3:18:07PM >>CHARLIE MIRANDA: Item number 89.
3:18:13PM >> Good afternoon, Council, David Singer, Singer &
3:18:15PM O'Donniley, 712 South Oregon, here to request approval on
3:18:19PM item 89.
3:18:20PM >>CHARLIE MIRANDA: Anyone in the audience care to speak on
3:18:24PM I see no one.
3:18:25PM Yes, sir?
3:18:26PM Question by Mr. Reddick.
3:18:30PM >>FRANK REDDICK: It was brought to my attention recently
3:18:33PM that from the North Hyde Park Civic Association, I believe,
3:18:39PM neighborhood association, that some of your representatives
3:18:44PM met with them and there was commitment made and then they
3:18:50PM seemed to back out of their commitment.
3:18:52PM It was similar to the discussion I had when I initially met
3:18:55PM with them.
3:18:56PM And that was roughly about building a community center on
3:19:02PM that property.
3:19:03PM And that was shared with me when I initially met with them.
3:19:08PM Even recommended that they go and see some of the
3:19:14PM neighborhood residents about that.
3:19:16PM And it was brought to my attention that those discussions
3:19:22PM did not follow through.
3:19:23PM And that now, people are not responding to the
3:19:30PM I just want to get clarification.
3:19:32PM >> If you'd permit me, I'd like to bring up jack Ross to
3:19:38PM >> Good afternoon, in fact, we were very early
3:19:41PM communications with community members.
3:19:44PM The discussions to clarify them as a commitment to build a
3:19:48PM community center, well, we are committing to build a
3:19:50PM community center in the JCC.
3:19:52PM What they're referring to is in Vila Brothers Park, which we
3:19:57PM do not control.
3:19:58PM There is a developer in the area who has, according to their
3:20:02PM representation, made such commitment.
3:20:04PM We would work with that developer should that come to
3:20:07PM We would help to program that park.
3:20:10PM We would want to make it come alive.
3:20:13PM But we never, as a matter of fact, and as I stand here sworn
3:20:16PM in made a commitment to build a community center.
3:20:19PM That was never part of it.
3:20:20PM Neither in our discussions with yourself or with Mr. Alan.
3:20:24PM We intend to revitalize the area.
3:20:26PM We would like to work with anyone who wishes to build a
3:20:29PM community center.
3:20:30PM In fact, there is someone who has made other representations
3:20:33PM to build a rec center at villa brothers.
3:20:37PM We have never made such a representation.
3:20:40PM >>FRANK REDDICK: Let me just say this to you.
3:20:41PM One of the questions and concerns that I raised when we met
3:20:47PM is that the neighborhood association wanted a facility where
3:20:51PM they can have different programs for senior citizens that
3:20:56PM the neighborhood association have hold or conduct meetings,
3:21:00PM have meeting space.
3:21:01PM And one of the issues that you shared with me is that, about
3:21:06PM a community center.
3:21:08PM And I can't recall the other representative that you had
3:21:13PM with you.
3:21:14PM And that was relating to other individuals in that
3:21:19PM community, not just Mr. Alan, but the Tokleys and a few
3:21:25PM So, with the meetings you had, even though this developer
3:21:31PM you're speaking of, this person came aboard later, but the
3:21:35PM initial discussion --
3:21:37PM >> We're mixing issues.
3:21:39PM I know exactly what you're referring to.
3:21:41PM As the discussions with Mr. Alan and North Hyde Park Civic
3:21:42PM Association and not just with their association, but with
3:21:45PM others in the community was that our community center would
3:21:48PM be a venue for them to hold meetings, to have a North Hyde
3:21:52PM Park Civic Association monthly meetings, something like
3:21:56PM It was never with regard to Vila Brothers Park and building
3:21:59PM another facility.
3:22:00PM We remain committed to that.
3:22:02PM It's just premature to begin scheduling meetings when we
3:22:05PM ourselves early in such a stage of our own development
3:22:10PM So, I'm not sure how to remark with regards to withdraw
3:22:16PM I'd just say it's not relevant, other than to say what we
3:22:19PM initially said, that once we have a community center, it
3:22:23PM will be available to have meetings for the community.
3:22:25PM We have community meeting -- we have meeting rooms that
3:22:29PM could sustain such meetings.
3:22:31PM We have never said anything to the contrary.
3:22:35PM I'm just not sure, the utility, having said this is
3:22:39PM something we want to do, revisit that same question when
3:22:42PM we're barely getting off grounds with renderings and our own
3:22:45PM development plans.
3:22:47PM >>FRANK REDDICK: I don't plan to continue dialogue with
3:22:53PM I just wanted to bring this up because it was brought to my
3:22:57PM attention and I remember some discussion we had.
3:22:59PM So, I won't prolong this.
3:23:02PM And I just wanted to put this on the record.
3:23:04PM >> Well, let me also put on the record that we are an
3:23:08PM community center.
3:23:09PM We are amenable as having our community associations come
3:23:14PM and meet at our center.
3:23:16PM As it relates to the center that we're speaking about here
3:23:19PM We have said, I've said that from the beginning.
3:23:22PM Stay today and that extends into the future.
3:23:26PM >>CHARLIE MIRANDA: Thank you very much.
3:23:27PM Any other question by councilmembers?
3:23:29PM Anyone else in the audience care to speak on number 89?
3:23:32PM Need a motion to close.
3:23:35PM >> I'm sorry, Mr. Chairman.
3:23:36PM I just wanted for purposes of the record to make it clear,
3:23:38PM I'm sure Mr. Reddick understands and appreciates the fact
3:23:41PM that those discussions that may have taken place are really
3:23:44PM outside the scope of this hearing.
3:23:46PM And of course your decisions cannot be based on other
3:23:49PM than --
3:23:50PM >>CHARLIE MIRANDA: He said that.
3:23:52PM >>FRANK REDDICK: I'm aware of that I just felt I wanted to
3:23:54PM put that on the record.
3:23:55PM I'm fully aware of that.
3:23:57PM >> Thank you.
3:24:01PM >> Move to close.
3:24:03PM >>Reporter: Motion to close by Mr. Cohen, second bring
3:24:05PM All in favor of the motion, please indicate by saying aye.
3:24:07PM Opposed nay.
3:24:08PM The ayes have it unanimously.
3:24:09PM I'm sorry, whose turn was it?
3:24:13PM Ms. Montelione, 89?
3:24:16PM >>LISA MONTELIONE: I move an ordinance being presented for
3:24:18PM second reading and adoption, an ordinance rezoning the
3:24:20PM property in the general vicinity of 522 North Howard Avenue
3:24:24PM in the City of Tampa, Florida, more particularly described
3:24:26PM in section one, from zoning district classifications PD,
3:24:29PM planned development, residential office, recreation at
3:24:32PM facility, private low tell and retail, to PD, planned
3:24:36PM development day scare preschool, recreation facility
3:24:38PM commercial private and place of assembly, and RM-16,
3:24:42PM residential multi-family, providing an effective date.
3:24:44PM >> Second.
3:24:44PM >>CHARLIE MIRANDA: Motion for approval by Ms. Montelione,
3:24:46PM second by Mr. Suarez close vote with Mr. Cohen.
3:24:49PM Roll call vote.
3:24:49PM Vote and record.
3:24:51PM >>THE CLERK: Motion carried with Capin and Mulhern being
3:24:59PM >>CHARLIE MIRANDA: Item number 90.
3:25:05PM >> Good afternoon, Councilmember also.
3:25:07PM Adam Carnegie, 2205 north 20th street.
3:25:10PM I've been sworn, respectfully request approval by Council.
3:25:14PM >>CHARLIE MIRANDA: Anyone in the audience care to speak on
3:25:17PM item 90?
3:25:19PM Come forward, please.
3:25:20PM >> Move to close.
3:25:22PM >>CHARLIE MIRANDA: I have a motion to close by Mr. Cohen.
3:25:26PM Second by Mr. Reddick.
3:25:27PM Further discussion by Councilmembers?
3:25:28PM All in favor of the motion, please indicate by saying aye.
3:25:30PM Opposed nay -- yes, sir?
3:25:33PM >> Mr. Chairman, just for the purpose of the record, I've
3:25:35PM conferred with Councilman Suarez and we have actually
3:25:38PM reviewed the transcript of land development.
3:25:40PM Number 90 on your agenda is incorrect.
3:25:44PM Councilman Suarez actually seconded the motion and it was a
3:25:48PM unanimous vote with Councilmember Capin being absent.
3:25:53PM >>CHARLIE MIRANDA: Thank you very much.
3:25:54PM Item number 90.
3:25:55PM Motion is closed.
3:25:56PM Mr. Suarez, as I mentioned your name, it's your honor.
3:25:59PM >>MIKE SUAREZ: My pleasure.
3:26:00PM I present an ordinance for second reading and adoption, an
3:26:03PM ordinance rezoning property in the general vicinity of 4010
3:26:06PM and 4100 Boy Scout Boulevard in the City of Tampa, Florida
3:26:11PM and more particularly described in section 1, from zoning
3:26:13PM district classification PD, planned development, mixed use,
3:26:18PM office, retail, hotel and residential, to PD, planned
3:26:21PM development, mixed use, office, commercial, multi-family
3:26:24PM residential and hotel, providing an effective date.
3:26:27PM >> Second.
3:26:27PM >>CHARLIE MIRANDA: I have a motion for approval by
3:26:29PM Mr. Suarez, second bring Reddick on number 90.
3:26:32PM Roll call vote.
3:26:32PM Vote and record.
3:26:38PM >>THE CLERK: Motion carried with Capin and Mulhern being
3:26:42PM >>CHARLIE MIRANDA: Thank you all very much for attending.
3:26:44PM Item number 91.
3:26:53PM >> Good afternoon, Mr. Chairman and City Council.
3:26:54PM My name is Pedro Rodriguez.
3:26:57PM I reside at 510 West Hilda Street in Tampa, 33603.
3:27:01PM I respectfully ask for your approval on this petition.
3:27:05PM >>CHARLIE MIRANDA: Anyone in the audience care to speak on
3:27:07PM item 91?
3:27:09PM See no one.
3:27:10PM Motion to close by Mr. Reddick, second by Mr. Cohen on 91.
3:27:15PM All in favor of the motion, please indicate by saying aye.
3:27:17PM Opposed nay hearing is now closed.
3:27:20PM Mr. Reddick, will you kindly take number 91 please?
3:27:25PM >>FRANK REDDICK: Move an ordinance being presented for
3:27:26PM second reading and adoption, an ordinance rezoning property
3:27:29PM in the general vicinity of 2912 north boulevard in the City
3:27:31PM of Tampa, Florida and more particularly described in section
3:27:34PM 1, from zoning district classification, RS-50, residential
3:27:37PM single-family, to PD planned development, office, business
3:27:41PM professional, providing an effective date.
3:27:43PM >> Second.
3:27:44PM >>CHARLIE MIRANDA: Motion by Mr. Reddick, roll call vote.
3:27:46PM Vote and record.
3:27:48PM >>THE CLERK: Motion carried with Capin and Mulhern being
3:27:58PM absent and Suarez voting no.
3:28:00PM >>CHARLIE MIRANDA: We go to item 92.
3:28:12PM >> Good afternoon, Council.
3:28:13PM Matthew Longenecker, 41563 57th Street Circle East.
3:28:18PM Here in consideration of item 92.
3:28:21PM Appreciate your consideration and looking for your approval.
3:28:23PM >>CHARLIE MIRANDA: Thank you very much.
3:28:23PM Anyone in the audience care to speak on item 92?
3:28:26PM See no one.
3:28:27PM >> Move to close.
3:28:28PM >>CHARLIE MIRANDA: Motion to close by Mr. Cohen, second by
3:28:30PM Mr. Suarez.
3:28:31PM All in favor of the motion, please indicate by saying aye.
3:28:33PM The ayes have it unanimously.
3:28:35PM Mr. Cohen, would you kindly take number 92, please?
3:28:41PM >>HARRY COHEN: , I move an ordinance being presented for
3:28:43PM second reading and adoption, an ordinance rezoning property
3:28:46PM in the general vicinity of 3922 West Vasconia Street in the
3:28:50PM City of Tampa, Florida and more particularly described in
3:28:52PM section 1, from zoning district classifications, RS-60
3:28:56PM residential single-family to PD planned development,
3:28:59PM single-family residential, providing an effective date.
3:29:02PM >> Second.
3:29:02PM >>CHARLIE MIRANDA: I have a motion for approval by
3:29:04PM Mr. Cohen, second bring Suarez.
3:29:06PM Roll call vote.
3:29:07PM Vote and record.
3:29:08PM >>THE CLERK: Motion carried with Capin and Mulhern being
3:29:18PM >>CHARLIE MIRANDA: Item number 93.
3:29:21PM Anyone here for 93?
3:29:26PM No one's here for 93?
3:29:35PM >> Move to close.
3:29:36PM >> I'm sorry, I don't see the applicant.
3:29:39PM >>CHARLIE MIRANDA: I have a motion -- anyone in the audience
3:29:41PM care to speak on item 93?
3:29:43PM I see no one.
3:29:44PM Have a motion to close by Mr. Reddick, second by Mr. Cohen.
3:29:47PM All in favor of the motion, please indicate by saying aye.
3:29:49PM Opposed nay.
3:29:51PM The ayes have it unanimously.
3:29:51PM Hearing is now closed.
3:29:53PM Ms. Montelione, will you kindly take number 93, please.
3:29:57PM >>LISA MONTELIONE: I move an ordinance being presented for
3:29:58PM second reading and adoption, an ordinance rezoning property
3:30:01PM in the general vicinity of 10001 north Annette avenue and
3:30:07PM 804 East Linebaugh Avenue in the City of Tampa, Florida, and
3:30:13PM more particularly described in section 1, from zoning
3:30:15PM district classification RO residential office, to RS-50,
3:30:19PM residential single-family, providing an effective date.
3:30:22PM >> Second.
3:30:23PM >>CHARLIE MIRANDA: Motion for approval by Ms. Montelione.
3:30:24PM Second by Mr. Cohen.
3:30:26PM Roll call vote.
3:30:27PM Vote and record.
3:30:29PM >>THE CLERK: Motion carried with Capin and Mulhern being
3:30:39PM >>CHARLIE MIRANDA: Okay.
3:30:40PM I believe that the agenda is completed.
3:30:43PM I'm almost certain.
3:30:45PM Yes, ma'am?
3:30:49PM >>JULIA MANDELL: We still have item number 70 remaining.
3:30:51PM And I was going to report back on the conversations I had
3:30:54PM with the developer's attorney.
3:30:57PM >>CHARLIE MIRANDA: Okay.
3:30:58PM >>JULIA MANDELL: I was able to discuss the issue regarding
3:31:01PM the five percent contingency and how that language is
3:31:05PM drafted per what I read out to City Council.
3:31:08PM And the developer is comfortable moving forward with the
3:31:11PM language always I proposed.
3:31:13PM So when you make a motion, if it were to approve, I would
3:31:16PM just ask that you make the motion to include the language
3:31:19PM that I described on the record as part of the agreement so
3:31:24PM that when I promulgate it forward for signature, it will
3:31:27PM include that language.
3:31:28PM The only other issue that was raised related to the 12 month
3:31:33PM warranty period for the roadway improvements.
3:31:36PM There was a request to ask if the developer would increase
3:31:40PM up to 24 months.
3:31:41PM In discussing that with the developer's attorney and the
3:31:44PM consultant, as I indicated, the industry standard really is
3:31:47PM 12 months.
3:31:49PM You're not going to be able to find a contractor who
3:31:51PM typically gives that warranty as part of their contract to
3:31:54PM give over and above the 12 months.
3:31:56PM And there certainly could be some enforcement issues over
3:31:58PM and above the 12 months, given the fact that you don't know
3:32:01PM whether or not that's a design defect versus some other kind
3:32:04PM of defect.
3:32:05PM And so, those are very hard to enforce as a general matter.
3:32:09PM Once you get above that industry standard.
3:32:11PM So, I think their position is that they're not able to do
3:32:15PM And frankly I'm not really sure we can.
3:32:18PM >>LISA MONTELIONE: We could be in a position to force them
3:32:20PM to do that.
3:32:21PM So other than that I hope I've answered all the remaining
3:32:24PM >>CHARLIE MIRANDA: Okay.
3:32:24PM So what we have to do then is, Ms. Montelione, before I
3:32:27PM go --
3:32:30PM >>LISA MONTELIONE: Thank you.
3:32:31PM That's fine.
3:32:33PM I got my five percent.
3:32:34PM I'll give up the extra 12 months.
3:32:36PM Thank you.
3:32:39PM There was one other question that I'm not sure if
3:32:42PM Mr. Suarez, you had indicated you wanted to answer that
3:32:44PM question now?
3:32:46PM >>JULIA MANDELL: The problems I'm not really sure how we
3:32:48PM could define that any better in discussing that any better
3:32:51PM than we have it within the agreement without actually going
3:32:54PM to an insurance agent and asking them a better way to
3:32:56PM describe it.
3:32:57PM If you have some language you think you should put in there,
3:32:59PM that's fine.
3:33:00PM I mean that's the intent.
3:33:01PM And that was the language that was highly discussed between
3:33:04PM the Straz and all of us folks.
3:33:06PM So, I don't necessarily have anything additional to proffer
3:33:10PM on that.
3:33:13PM >>MIKE SUAREZ: If I may, chair, you know, it goes to show
3:33:15PM you that when insurance agents are not involved in
3:33:19PM contractual obligations, you never know what will happen.
3:33:22PM So, I wanted to point that out and put it on the record so
3:33:25PM you realize, and the attorney for the builder understands
3:33:32PM that there probably is not a way to insure for business
3:33:37PM interruption per the language that was put into that
3:33:40PM So, I just want to make sure that you all knew that.
3:33:43PM I'm not sure why else to go from there.
3:33:46PM But you know, it would have to be more sought out and have
3:33:51PM specific language pertaining to a, to a policy itself and
3:33:56PM what those policy limits are and some other things.
3:34:00PM But I'm not going to hold up the contract for that.
3:34:03PM Think it may be something, maybe an additional contract
3:34:06PM might clarify or at least, you know, showing as additional
3:34:11PM Part of the problem is that we are the insurer, or excuse
3:34:14PM me, we're the ones that pay for the insurance for the Straz.
3:34:17PM So, there may be an issue there.
3:34:19PM So I just want to make sure that the city knows to protect
3:34:22PM our interest.
3:34:23PM I know that's your first priority.
3:34:27PM >>JULIA MANDELL: Absolutely.
3:34:28PM >>MIKE SUAREZ: We may want to, I don't know, maybe we'll
3:34:30PM find an insurance agent somewhere in the building.
3:34:32PM I might be able to help you out with that, okay?
3:34:36PM >>JULIA MANDELL: Maybe I can find an insurance agent who can
3:34:39PM at some point describe to me all of those insurance issues
3:34:42PM I'm not as familiar with as maybe I should be familiar with.
3:34:46PM >>MIKE SUAREZ: Since I already get paid by the city, I'll be
3:34:49PM glad to do it.
3:34:50PM >>CHARLIE MIRANDA: Okay.
3:34:51PM So item number 70, the resolution, Ms. Montelione?
3:34:56PM >>LISA MONTELIONE: I just want to request that when the
3:34:59PM contract is revised again, that you forward a copy of that
3:35:05PM contract as revised to all of us on Council so that -- so we
3:35:12PM don't have any more of those scrivener error issues.
3:35:15PM Since we haven't got a new scrivener yet.
3:35:19PM >>CHARLIE MIRANDA: Okay.
3:35:19PM I-- who wants to playoff the resolution?
3:35:23PM >> I'll move it.
3:35:26PM >>CHARLIE MIRANDA: 70 as discussed.
3:35:29PM >>MIKE SUAREZ: Include the new language as presented by our
3:35:31PM city attorneys Julie Mandell.
3:35:34PM >> Second.
3:35:34PM >>CHARLIE MIRANDA: Movement on the resolution by Mr. Suarez
3:35:36PM for approval, second by Mr. Cohen with the language that was
3:35:40PM indicated there by Ms. Mandell, city attorney.
3:35:44PM All in favor of the motion to approve, please indicate by
3:35:46PM saying aye.
3:35:46PM Opposed nay.
3:35:47PM The ayes have it unanimously.
3:35:48PM Any other business?
3:35:51PM Anyone in the audience care to address this Council?
3:35:54PM Need a motion receive all the documents.
3:35:58PM >> So moved.
3:35:58PM >> Second.
3:35:59PM >>CHARLIE MIRANDA: Motion by Mr. Suarez, second bring
3:36:01PM All in favor of the motion, please indicate by saying aye.
3:36:02PM Opposed nay.
3:36:05PM One more time, anyone in the audience care to speak?
3:36:09PM Evidently you don't like us because you're leaving.
3:36:12PM Anything else?
3:36:13PM New business?
3:36:13PM Ms. Montelione?
3:36:16PM >>LISA MONTELIONE: Yes, sir.
3:36:17PM I have two pieces of new business.
3:36:22PM [ Laughter ]
3:36:25PM >>LISA MONTELIONE: He's just playing with you.
3:36:28PM I would like to motion that Council would receive a
3:36:33PM presentation from the Stanford university change labs
3:36:37PM transit project with presenters, J. Edgar Swami and Adam
3:36:42PM Mr. Swami and Mr. Pierson have been researching Hillsborough
3:36:45PM County transportation policy and I help facilitate their
3:36:51PM working with the MPO on that.
3:36:53PM They have completed their project and I would like for them
3:36:56PM to come and give us a briefing on their findings.
3:36:59PM And they're requested to appear at a.m. on August 29th.
3:37:03PM >> Motion by Ms. Montelione, second by Mr. Suarez.
3:37:05PM Further discussion by Councilmembers?
3:37:06PM All in favor of the motion, please indicate by saying aye.
3:37:08PM Opposed nay.
3:37:09PM The ayes have it unanimously.
3:37:10PM >>LISA MONTELIONE: I would also like to motion that once
3:37:12PM again, our own city attorney, Jan McLean as witnessed by
3:37:16PM Councilman Suarez and Councilman Cohen and I at the Florida
3:37:20PM league of cities was again an awardee of the home rule hero
3:37:26PM award in recognition of her efforts in advancing the
3:37:28PM league's legislative agenda and protecting the home rule
3:37:31PM powers of Florida cities during the 2013 legislative
3:37:36PM To also be presented at 9:00 a.m. August 29th.
3:37:40PM >> Motion by Mrs. Montelione, second by Mr. Cohen.
3:37:42PM All in favor of the motion, please indicate by saying aye.
3:37:43PM Opposed nay.
3:37:45PM The ayes have it unanimously.
3:37:45PM Mr. Cohen?
3:37:47PM >>HARRY COHEN: Just one item, sir.
3:37:48PM I would like to ask Council to remove the ethics and ethics
3:37:53PM policy workshop that we had scheduled for August 29th.
3:37:56PM It's going to be a very busy day, as it is, and we can do
3:37:59PM that at a later time.
3:38:00PM >> Second.
3:38:02PM >> I have a motion by Mr. Cohen, second by Ms. Montelione.
3:38:05PM All in favor of the motion, please indicate by saying aye.
3:38:06PM Opposed nay.
3:38:08PM The ayes have it unanimously.
3:38:08PM Mr. Reddick, sir?
3:38:11PM >>FRANK REDDICK: Thank you, Mr. Chair.
3:38:12PM I just got one item.
3:38:13PM I'm glad he moved that.
3:38:15PM I thought it was aimed at me.
3:38:17PM [ Laughter ]
3:38:21PM >>CHARLIE MIRANDA: Maybe aimed at both of us.
3:38:23PM >>FRANK REDDICK: On a serious note, about a week ago,
3:38:26PM Mr. Chair and members of the Council, a two-year-old kid
3:38:30PM died at Temple Crest near the river.
3:38:38PM The family there doing football practice, one child, and
3:38:41PM another was doing cheerleading practice.
3:38:44PM And the little two-year-old happened to wander away and they
3:38:48PM found him the next day drowned in the river at Temple Crest.
3:38:52PM I would like the parks and recreation department just to
3:38:56PM present a written report and they can do that by
3:38:59PM September 12th.
3:39:00PM The feasibility of seeing if they can install a fence where
3:39:05PM the playground area adjacent to the river.
3:39:08PM Some type of fence so can probably prevent another child in
3:39:13PM the future from wandering off and end up drowning in that
3:39:16PM >> Second.
3:39:17PM >>CHARLIE MIRANDA: Motion by Mr. Reddick, second by
3:39:18PM Mr. Cohen.
3:39:19PM Further discussion by Councilmembers?
3:39:20PM All in favor of the motion, please indicate by saying aye.
3:39:22PM Opposed nay.
3:39:23PM The ayes have it unanimously.
3:39:23PM Anything else, sir?
3:39:25PM Mr. Suarez?
3:39:26PM >>MIKE SUAREZ: I have a couple items, sir.
3:39:28PM First is, we have a retirement that's coming up on Monday
3:39:32PM for Major Tee, Sophie Tee.
3:39:36PM Served 26 years, six months.
3:39:38PM She's retiring on Monday.
3:39:39PM I just wanted to have a commendation prepared for her so we
3:39:44PM can present that on Monday to Major Tee.
3:39:47PM >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by
3:39:49PM Ms. Montelione.
3:39:49PM All in favor of the motion, please indicate by saying aye.
3:39:52PM Opposed nay.
3:39:53PM The ayes have it unanimously.
3:39:54PM >>MIKE SUAREZ: Secondly, Ms. Montelione touched on the fact
3:39:57PM that we were at the League of Cities on, last week.
3:40:00PM Some very good presentations.
3:40:02PM One in particular dealt with demographics.
3:40:05PM And it talked a lot about how we are changing as a society
3:40:09PM in terms of getting more Hispanic, more African-American and
3:40:14PM more and younger -- and younger -- thanks for the youngest
3:40:18PM guy on the Council is the one that says that -- and getting
3:40:21PM Because of that and because of some of the other things that
3:40:24PM are happening in Congress, I'd like to ask that we pen a
3:40:29PM letter from our Council to Congress to find a way of
3:40:33PM resolving some of the immigration issues and pass a
3:40:37PM comprehensive immigration reform act in order to make sure
3:40:40PM that those folks that want to stay here are doing everything
3:40:43PM they can to stay here and are paying taxes into our tax
3:40:48PM system, have the right and ability to stay here, through a
3:40:52PM reasonable path to citizenship, in addition to some of the
3:40:56PM other security issues that we deal with on the border.
3:40:59PM So I ask that we wrote a litter to the Congressional
3:41:03PM delegation in Florida.
3:41:04PM >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by
3:41:06PM Ms. Montelione.
3:41:06PM All in favor of the motion, please indicate by saying aye.
3:41:08PM Opposed nay.
3:41:09PM The ayes have it unanimously.
3:41:10PM Anything else, sir?
3:41:11PM >>MIKE SUAREZ: No, sir.
3:41:12PM >>CHARLIE MIRANDA: Anything else anyone in the audience?
3:41:13PM One last time.
3:41:15PM >> Move to receive and file.
3:41:16PM >> Second.
3:41:16PM >>CHARLIE MIRANDA: Motion to receive and file -- we already
3:41:19PM done that.
3:41:19PM Meeting adjourned.
TAMPA CITY COUNCIL
This file represents an unedited version of realtime
captioning which should neither be relied upon for complete
accuracy nor used as a verbatim transcript.
The original of this file was produced in all capital
letters and any variation thereto may be a result of third
party edits and software compatibility issues.
Any person who needs a verbatim transcript of the
proceedings may need to hire a court reporter.