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Tampa City Council
Thursday, February 17, 2005
9:00 a.m. session

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[Sounding gavel]
Tampa City Council is called to order.
Chair will yield to Mary.
>>MARY ALVAREZ: Alvarez it gives me great, great pleasure to
introduce Mr. Harold Scott, our supervisor of code
Mr. Scott, would you please come up?
And he's been with the city for over 30 years and serves as
a deacon of greater Bethel missionary Baptist church and
also the proud father of two.
Thank you for being here, Mr. Scott.
And would you please stand up and stay standing for the
Thank you.
>> Harold Scott: Let us pray.
Father God, father of all mankind, father creator of the
universe, we come in your devine presence right now father
because we need you.
We New York City father, that that you can solve all
problems and all issues.
We ask that you go with each council person, my father, got
family connections.
Father, there's some illness, there's some operations,
there's some financial problems in the audience, throughout
the community, father.
You know all about it, father.
You are able to destroy, you are able to defend.
Grant that you would comfort those that need you right now,
Open up the windows of heaven, my father, and shower Thy
sweet dew.
You say we have not because we ask not.
Stay with us, father, as we travel this journey.
This world is not our home, father, that we are just passing
through for a little while.
Go with the seniors, go with the boys and girls of this
father. The devil is running rampant, father.
There are many situations throughout the year.
The community throughout the world, father.
We know that you have control of the wind and the water,
that you can destroy, you can defend.
Bless and keep us.
Give us your wisdom, father.
We need you.
We have the will.
We don't have the power.
Help to us make the right decisions in everything we attempt
to go.
Go with this greater Tampa Bay area through the mayor, the
council, the community leaders and all the staff person,
remember the president, Congress, heads of state, help to us
do what you have given us to be blessed with to do, in this
land of thrift and honey.
In your name we pray.
(Pledge of Allegiance):
>>GWEN MILLER: Roll call.
>>JOHN DINGFELDER: (No response.)
At this time, the chair is going to yield to Ms. Rose
Ferlita for the police of the month.
>>ROSE FERLITA: Chief, supervisors, family, friends, anybody
who wants to join us.
You can bring them because they get the presents.
Good morning.
Madam Chairman, ladies and gentlemen, colleagues, it is it
is my pleasure to present the officer of the month to you
along with Chief Hogue, who has a difficult job of selecting
one of his many fine officers from our men and women in TPD.
So, chief, as always, I will perhaps ask you to explain why
he was chosen and go from there.
>> Chief Hogue: Good morning, council.
Officer Patrick Kennedy.
The positive rap port officer Kennedy has developed with
students at Hillsborough high school has helped solve
several serious crimes, stopped campus crime trends and
prevented countless students from engaging in crime.
When officer Kennedy learned of someone stealing 25 laptop
computers from memorial middle school, he immediately began
working the case.
He quickly identified and charged a student who was
suspected in the theft.
His investigation led to the recovery of more than had Z
4000 worth of computer equipment and the discovery of an
unreported electronic thefts from Hillsborough high school.
Since the beginning of this school year, officer Kennedy has
reached over 2800 students with 18 classroom presentations.
He is continually a positive influence in students ' lives
known for prodding the kids to focus on their education and
their futures.
Officer Kennedy has frequently checked the area around the
campus for truants.
He's truly a role model for students, while at the same time
uncovering and solving crimes ranging from auto theft, to
narcotics, and armed robberies.
This outstanding effort has earned officer pat Kennedy
officer of the month for February 2005.
Thank you very much.
I would also like to say that, you know, officer Kennedy --
and all our resource officers, for that matter, have a
particularly difficult job, because they work out of the
mainstream of the police department, and essentially work in
another organization, which is the school board, or the
school system.
And once you're away from the mainstream of supervision, you
have to be totally self-motivated, you have to be a pretty
mature individual to be able to maintain a high work ethic
which officer Kennedy has done, and to perform, keep our
schools safe for our children.
And it not an easy job.
School resource officers tend to make somewhere in the
vicinity of 500 arrests a year in our schools.
So there's a lot of crime and there's a lot of protection to
be given to the other students at those schools and all the
school resource officers, particularly officer Kennedy,
perform that in an excellent manner.
I just want to say that.
>>ROSE FERLITA: Officer Kennedy, obviously there are some
corporate members to say thank you as well.
I would like to give you this commendation.
Again every single month I thank my chairman for allowing me
the pleasure to honor the men and women for what you do.
It's particularly pleasurable for me since you are
exclusively at Hillsborough high school. If you get bored
following the criminals there, my drugstore is like two
seconds away so feel free to come over and sit down.
On behalf of my chairman, my colleagues, the people in the
city that we represent.
Commendation presented to officer pat Kennedy in recognition
of his dedicated service, officer Patrick Kennedy has been
selected as officer of the month for February 2005.
His work in the school system has proven invaluable.
Officer Kennedy works diligently to prevent and solve crimes
on school campuses and acts as a positive role model for all
For this, the City Council of the City of Tampa and I
particularly as chairman of public safety commend you.
And this is a difficult situation, particularly, because of
the fact that you were engaged in activity with the students
at school, and you make a memorable impression on them.
It's an important role.
It's one you have done well.
Again, thank you for all you do.
And now we have some corporate members who would like to
give you presents as well.
But before we do that, Jerry, thank you for being behind
this young man, allowing him to do all the things for our
Sometimes we take them for granted and it shouldn't be.
But congratulations to you and the children as well.
>> Danny Lewis from Bill Currie Ford, here today to present
this watch to officer Kennedy.
I was sharing with the chief earlier, last year I got a
chance to shadow a principal.
It sure changed since I went to school.
You're a great influence on the school and a great job.
>> Steve Stickley representing steps towing.
We would like to present this statue to you.
We really appreciate what you are doing in the schools here
in Hillsborough County.
On behalf of Jim and Judy Stepp and myself, congratulations
and thank you very much.
We also have a gift certificate for Outback steakhouse.
Thank you very much.
>>STEVE MICHELINI: I'm here on behalf of a variety of
different people and establishments.
And let me first say that the investment that you place in
children, and it's a positive one, is never a wasted
It pays off a thousand times.
And we certainly appreciate what you have done.
On behalf of Bryn Allen studios, we are going to present
with you a photographic package for you and the family to
have your family portraits done.
On behalf of Liss development company and Bern's steakhouse,
we are presenting you with a $is00 gift certificate.
On behalf of the Signature Room Grille, which is a new
restaurant over on the Channelside, we present with you a
$100 gift certificate.
On behalf of the towing association --
>>: Keep them coming.
>>STEVE MICHELINI: I wouldn't suggest do you all of this at
one time.
On behalf of the towing association, they are going to give
you the option of Carabbas or Outback.
So you will have plenty of time to enjoy that with your
And PO boy's creole restaurant, it's a nice little place you
might want to go on the weekend for lunch.
They are going to give you a $50 certificate.
Last week, chief, you weren't here, but we made a commitment
to the City Council and to the fire department and police
department, to begin naming subdivisions after fallen police
officers and firefighters.
And we will be getting a letter to you, chief, requesting
the names that you are going to recommend five to us, and
when we finish with those we'll go on.
Hopefully we'll run out of names before we run out of
But, anyway, it's a way of honoring the police officers and
firefighters who have given their lives in the line of duty.
And in that spirit, we want to congratulate you and your
Thank you.
>> Trish Rossman, I'm here from Lowry Park Zoo.
We want to thank you for your service and commitment to our
community with tickets to Lowry Park Zoo for you and your
On a personal note, I live right across the street from
Hillsborough high school in the yellow house.
So thank you for keeping things under control.
I appreciate it.
Thank you.
>>ROSE FERLITA: Before I give the floor to Patrick to say a
couple words if you like, a couple things I'd like to
We have gotten some additional corporate people who would
like to come on board.
And although he's gotten a lot of awards and thank-yous,
there's never enough that we can present to you in terms of
saying thank you.
So this is a solicitation to the corporation that is are
listening and thank you to the ones that are coming on board
that are planning to do the same thing and tell the police
officers thank you in their own form or fashion.
The last thing I want to mention is the efficiency of our
I'm very impressed.
He's out of town.
He didn't know they were going to be naming subdivisions
after fallen police officers.
And we have already gotten that information from your
So thank you very much.
We are ready to go and we appreciate that efficiency.
Patrick, do you want to say anything?
Patrick Kennedy: I want to say thank you.
It's quite an honor to receive this.
I couldn't have done it without all the help of the
detectives and the officers working in the area around where
I work in Hillsborough high school.
It was definitely a joint effort on a lot of these cases.
Again thank you very much.
>>GWEN MILLER: We will now go to our department heads and
city employees.
We have Ms. Cathy Coyle.
We will go to Gloria Moreda.
>>GLORIA MOREDA: Land development.
Concerning item 6, which is a misnoticed public appeal
hearing the petitioner has paid the amendment fee, is
requesting to be rescheduled for the March 31st date, if
that would be acceptable for City Council.
>>MARY ALVAREZ: So moved.
>>THE CLERK: As of now for March 31st the items
scheduled is at 1:00, a continued revenue bonds public
hearing for the museum of art.
Also continued lease agreement at the museum of art.
>>GWEN MILLER: this is going to be morning.
>>MARY ALVAREZ: So moved.
>>GWEN MILLER: We have a motion and second.
(Motion carried).
>>GLORIA MOREDA: So 10:00?
>> 10:00, yes.
>> Good morning.
I'm here to talk about an item that was approved last week,
resolution 2005 181 that had to do with the windover housing
Last week you approved a resolution authorizing the mayor to
sign a commitment form to finance a Florida housing finance
tax deal.
One of the contingencies that we talked about last week was
there was an issue regarding a project in south Florida, and
windover development company, and how the issue was how
would that effect our application to the state?
City legal and city staff met with the finance corporation,
met with the windover development group.
We are comfortable with the idea that city risk is at a
minimum, with this project.
We recommended to the mayor that you sign the form, and the
item has been forwarded to them the Florida housing finance
corporation for consideration.
>>LINDA SAUL-SENA: Thank you for answering that question
that we had.
I have an additional question.
And that is, we recognize the need to provide additional
affordable housing, particularly for seniors.
And I was wondering if you could look into whether the city
has the leverage when people ask us for our blessing in
Can we put some requests into the proposal?
And what I'm thinking of, we all know that the housing
authority has done requests for -- they are working on
requests for qualifications for the Central Park Village.
In the meantime, the residents who live there live in
extremely sub standard conditions.
And my thought is that we use this opportunity -- they are
asking us for our blessing to use some of these affordable
housing dollars.
Could we ask them to look at providing some of the units
when they are completed, for some of the Central Park
existing residents?
Because whatever they build will probably be completed prior
to whatever is built, because we haven't even gone through
the RFQ process for the people that are there now.
I spoke this morning with Cindy Miller about it.
I understand that the paperwork has already gone up to
Tallahassee, that they are in the process of trying to get
the state tax credits.
But I hope that it wouldn't be too late for us to request of
the petitioner that they look at providing some of the units
when they are completed to the existing residents,
particularly the senior housing at Central Park Village
because we know that is in such deplorable condition and
what they are doing in the neighborhood and will come on
line in a more timely fashion and hopefully make for a
relatively easy transition for some of the people who are
If you could look into that and let me know.
>>> What's going to happen the next step, this is a first
step in the process.
We are going to come back to you with a land development
agreement that will tie in the terms and conditions of our
commitment of funds to this developer.
At that point, I believe that it would be appropriate to ask
them to work with us in partnership with the housing
authority, that we can make available to them.
So we'll have a chance to negotiate that deal.
>>LINDA SAUL-SENA: That would be excellent.
I think it would be a win ~-~ win ~-~ win.
Thank you.
>>GWEN MILLER: Other questions by council members?
Thank you.
Mr. Thom Snelling.
>>THOM SNELLING: You had called for Cathy Coyle and I was
outside Eight On Your Side didn't hear that.
Actually I'm here to speak for her.
>>GWEN MILLER: Go ahead.
>>> This is item 567 on council's agenda, just really
switching out a petition, a special use petition from
special use to a rezoning.
It doesn't increase the council caseload.
The application is being asked to be scheduled, to hold the
same schedule date that they already had.
It's simply a switchout from a special use to a PD rezoning.
Nothing has changed on the case whatsoever.
It's just substituting.
>>GWEN MILLER: Thank you.
Mr. Jack Rodriguez.
>>JACK RODRIGUEZ: Real estate.
I'm here to speak about item 37.
A couple months ago we brought this contract forward to
And there was some discussion.
I think we brought it back another time about a piece of
property off of Florida Avenue near Columbus drive, where we
found out that where Mr. Akbar -- the title was sent to the
title company and it never closed.
You asked to us go back and talk with Mr. AKBAR, talk with
the administration, see what we could work out.
We talked with Mr. Akbar.
He was not willing to spend more than $4,000 for the
property as he contracted to do back five years ago.
So we are recommending approval of this contract.
It's going through the appropriate steps in selling the
And we would ask that you would approve this contract today.
>>GWEN MILLER: We will do it during committee reports.
>>MARY ALVAREZ: Mr. Rodriguez, did you ever find out what
happened to the title?
Did the title company come back and say whatever they were
supposed to say?
You know, whatever happened with it?
>> As we were reporting before the title company could not
find the file.
>>MARY ALVAREZ: Could not find the file?
>>JACK RODRIGUEZ: That's correct.
>>MARY ALVAREZ: Did we have copies?
>>JACK RODRIGUEZ: Yes, we had all the correspondence where
we sent to the them.
But they could not find the file.
It's five years ago.
They didn't even remember the deal.
So they were reluctant to do anything else.
>> are you still doing business with this title company?
>>> Yes.
Thank you.
>>KEVIN WHITE: I just wanted -- was there any type of
further negotiations with Mr. AKBAR trying to come up with a
happy median between the 4,000 and what was proposed?
And he's just not willing to do anything else but the 4,000.
>> So he wasn't willing to make it 4,500 .22?
>>MORRIS MASSEY: I met with him and offered several options
including just at least recognize the fact that he hadn't
had to pay taxes on the property for the last five years,
didn't have to pay any costs, and he refused to negotiate
even on that basis.
>>KEVIN WHITE: Thank you.
>>GWEN MILLER: Thank you, Mr. Rodriguez.
We'll move it during committee report.
Is there anyone in the audience that would like to ask for
Is there anyone in the public that would like to speak on
any item on the agenda not set for a public hearing?
>>MOSES KNOTT, JR.: Good morning, ladies and gentlemen.
My name is Moses Knott, Jr.
I reside at 2902 East Ellicott street where I operate a
business for 40 years, and just found out that it changed
everything I got to residential.
Whoo, got the baby's hand down in the cookie jar.
Thanks to you, Mr. White.
And, whoo, Jesus, caught the hand in the cookie jar.
But, anyway, again, I don't know which one this morning, but
I do know anything I do I have to put God first.
When I come in, I don't hear a word from God but I heard it
from this morning from deacon Scott.
He's a man of God.
And all different churches, but the word of God.
That heaven and earth going to pass. The scripture sesaid
But the word of God still going to be here.
And I can't live without the word of God.
As I say I caught the baby's hand in the cookie jar about my
Like I said, I got state license, all kind of license.
But and then this article 37 here, you all talk about Mr.
That man ring a bell in this city, for the first time in
Now, I go downtown, give a lot of encouragement.
The city took from me, Mr. Thom Snelling and whether Mr.
White know about that.
I get my lots back now and I got just the lawyer to do it.
You all better talk to him.
Ooh, thank God.
That man, that man paid off on that property.
You know, I know the history on everything.
I been coming to this podium a long, long time, before a lot
of you all ever got here.
But the city had it at one time so if you own a piece of
property, beside a piece of city property you can pay the
tax on it, you had the property.
Many people all over town, they found a lot, beside city
property and they bought the lot just to get that piece of
city property.
That man made that legal and clear.
Thank God he got victory.
But like I said, I'm going myself like a dog and a meat
bone, and I caught the baby with his hand in the cookie jar.
Thank you.
>>JOHN DINGFELDER: Mr. Massey, last week I made a motion,
council had passed, to get a report on the Cypress Creek
Pasco mall project, and Mr. Massey, I think, had a quick
report on that this week as opposed to next week.
>>MORRIS MASSEY: Yes, sir.
I apologize.
It's this week instead of next week.
Because of a deadline in filing, if the city desires it, I
thought it more appropriate, and you can discuss it with Mr.
Dingfelder and present it today, the Department of Community
Affairs has appealed the DRI development order for the
Cypress Creek mall on the basis that that development order
is inconsistent with the Pasco County comprehensive plan.
It's currently up in Tallahassee.
The city wants to intervene.
Actually we have to make that decision this week in order to
make the time lines.
We have reviewed the petition of DCA submitted challenging
it, merely on a basis of consistency with the comprehensive
Also a development order passed by Pasco County that
contained numerous conditions relative to impact on
wetlands, with the wetland mitigation, protecting the water
quality, and quantity that flowed into Cypress Creek and
ultimately Hillsborough River, and we felt comfortable, as
did Tampa Bay water, the development order contains
sufficient safeguards, that if there were problems, that
that could be handled with permitting, and the city has an
opportunity of permitting process to challenge any potential
adverse action to the water supply.
And we really see no reason to change that petition at this
So we really don't see any reason to intervene at this
juncture but want to give you before that deadline happened.
>>JOHN DINGFELDER: So the permitting process you're talking
about, is that SWFWMD permit?
>> joint permit?
>>> Yes.
>> And we would have an opportunity to intervene then?
>>> Correct.
>> And as far as the development order is concerned, have
you spoken with Mr. Bennett of the water department or Mr.
>>> Yes. In fact a representative from the water department
is here, but I have talked to Mr. Daignault, Mr. Smith, and
to Mike Bennett, an e-mail, and I think all concurred.
The development order has not changed with all the
conditions that we have with that, and thought more
appropriate at the time.
We don't see this challenge resulting in a change in those
In fact, if anything happened, it probably would result in
increased conditions or anything adversely affecting Cypress
We don't see any reason to intervene at this juncture.
>> so if anything DCA is kind of carrying our water at this
>>> That's correct.
>>MARY ALVAREZ: Mr. Massey, since there are Soma peels, so
many challenges to this DRI, I suppose it will go back to
the Tampa Bay regional planning council?
>>MORRIS MASSEY: Well, if it has to go through the
administrative hearing process to determine whether the
development order is in fact inconsistent with the
comprehensive plan.
If you do find it's inconsistent, then, yes, they probably
have to come back to regional planning council.
They are in the process to determine that right now.
>>MARY ALVAREZ: I'll be looking forward to seeing it there.
Thank you.
>>GWEN MILLER: Is there anyone else in the public that would
like to speak?
>>JOHN DINGFELDER: Thank you, Madam Chairman.
>>GWEN MILLER: Then we will go to committee reports.
Ms. Rose Ferlita, public safety.
>>ROSE FERLITA: I'd like to move resolutions 16 through 20,
>>MARY ALVAREZ: So moved.
>> We have a motion and second.
(Motion carried).
Parks and recreation, Ms. Alvarez.
>>MARY ALVAREZ: I move items 21 and 22.
>> Second.
>>GWEN MILLER: I have a motion and second.
(Motion carried).
Public works, Mr. John Dingfelder.
>>JOHN DINGFELDER: I'll move items 23, 24, 25.
>> Second.
>>GWEN MILLER: We have a motion and S and second.
(Motion carried).
Mr. Kevin White, Finance Committee.
>>KEVIN WHITE: I would like to move 26 through 35.
>> Second.
(Motion carried).
>>GWEN MILLER: Building and zoning, Ms. Linda Saul-Sena.
>>LINDA SAUL-SENA: I'd like to move resolutions 36 through
>>GWEN MILLER: Motion and second.
(Motion carried).
>>KEVIN WHITE: Nay on 37.
>>GWEN MILLER: Nay on 37, Mr. White.
All right.
Transportation, Mr. Shawn Harrison.
Shawn Harrison.
>>LINDA SAUL-SENA: Number 50.
(Motion carried).
>>SHAWN HARRISON: Move 51 through 53.
>> Second.
(Motion carried).
>>SHAWN HARRISON: New business items 54 through 59.
Substitute on 56.
>> Second. (Motion carried)
>>GWEN MILLER: now we go to public hearings for second
Anyone that would like to speak on items 3 through 5.
Please stand and raise your right hand.
Then open items 3 through 5.
Mr. Dingfelder, would you read number 3, please.
Is there anyone in the audience that would like to speak on
item 3?
>> Move to close.
>> Second.
(Motion carried).
>>JOHN DINGFELDER: Move for second reading ordinance of the
city of Tampa, Florida renaming the Morgan street park as a
Fernando MESA park, providing for severability, repealing
all ordinances or parts of ordinances in conflict herewith,
providing an effective date.
>> Second.
>>GWEN MILLER: Roll call vote.
Vote and record.
Motion carried.
Is there anyone in the audience that would like to speak on
item 4?
>> Move to close.
>> second.
(Motion carried).
>>MARY ALVAREZ: An ordinance -- move to adopt the following
ordinance upon second reading.
Move an ordinance of the city of Tampa, Florida renaming the
west pines park/playground as the VILA brothers park/gray
ground providing for severability, repealing all ordinances
or parts of ordinances in conflict herewith, providing an
effective date.
>>GWEN MILLER: Roll call vote.
Vote and record.
>>ROSE FERLITA: First of all, I think it's most appropriate
that Ms. Alvarez read that.
And I would like to congratulate the VILA family, some of
the members who are here.
Congratulations to you and your family and what you have
done in terms of history to this city.
Thank you.
We need to vote again.
It didn't register the vote.
And record.
>>THE CLERK: Motion carried.
>>GWEN MILLER: Is there anyone in the audience that would
like to speak on item 5?
>> November close.
>> Second.
(Motion carried).
>>LINDA SAUL-SENA: I move to adopt the following ordinance
upon second reading: An ordinance authorizing the
construction and erection of a proposed encroach.
Beings disabled access ramp, stoop and related underground
footings and canopy over a portion of the public
right-of-way known as 11th street located in the
right-of-way in front of property with a street address of
110 north 11th street as more particularly described
herein subject to certain terms, covenants, conditions and
agreements as more particularly described herein, providing
an effective date.
>> I have a motion and second.
Roll call vote.
Wait just a second.
>>THE CLERK: It says end of voting.
>> Vote and record.
>>THE CLERK: Motion carried unanimously.
We will go to information from council members.
Mr. White, do you have anything?
>>KEVIN WHITE: No, ma'am.
>>ROSE FERLITA: Madam Chairman, we are moving fast.
By the way, you don't always have to agree with me.
Just a couple of things.
I think all of us received this TPD invitation to attend the
17th annual black history celebration, Thursday,
February 24, 7 p.m.
I know there are a lot of things in this community that are
scheduled and there's just not enough time to schedule
However, I would like to ask the administration if at all
possible, and if at all there are no conflicts on some other
night -- certainly we can't attend everything that's given
in this community but we certainly would like to at least
first and foremost attend city functions. So if there's any
possibility of trying not to schedule meetings or history
celebrations that the city is sponsoring on a Thursday night
when we have council, that would make it a lot easier for us
to attend.
>>MARY ALVAREZ: I absolutely agree with you, Ms. Ferlita,
because this happens quite often.
And what they need to do is check with our calendar.
If they want us to attend, they have to check with our
>>ROSE FERLITA: And sometimes it's not possible.
But I think sometimes if they look at it maybe they'll think
about it and that's just some consideration I would like the
administration to look at.
That's the first thing.
The second thing is very brief because I know we belabored
this conversation in past meetings, and I think the last
time I left there was still some dialogue about the dog
I met with dishing TERTEL and Santiago Corrada, and talked
about the issue and the process that would perhaps get us to
where we needed to be, not necessarily with Palma Ceia dog
park but all dog parks in terms of compliance, and
compatibility, and ordinance, et cetera, et cetera.
Mr. Shelby as well was there because I asked him to attend.
I think it's very important for our city attorney to be able
to weigh in on comments and opinions and conversation.
And Marty, please weigh in if there's something I forgot to
But just briefly what we decided first and foremost, because
I think that's way went away from this dais last week, is
whatever we did as an administration and as a council and as
members of this council concerned about people with dog
parks, those that want it, those that don't, to please,
please, please, please, can't say it enough, have public
input first, so that regardless of the outcome of their
decision, then at least everybody feels that their opinion
was heard, and that it was taken into consideration before
the final opinion was made, or the decision was made.
And I think that we owe that to all of our citizens.
So parks and recreation was very accommodating and very
So we came up with that as a first consideration, that we
would have a public meeting, they would notice everybody in
the radius that was supposed to be serviced by that
particular park.
I think it came up before a thousand people, and obviously
we are not going to have 4,000 people, but out of those
4,000 whether they are right smack up against the park or
further away, have the right to know about the meeting.
Because of conflicts of schedules, and I asked them please
don't do if you do it Thursday, fine, but not a Thursday
night that we have council.
I know Karen tried her best.
It's March 17th, Thursday, at Kate Jackson center, a
little bit far away from the location.
She did send out some feelers to Larry Janice, the
president, and then the time certain will still be there,
but then try to find something else. That is simply as I
said to get everybody to weigh in on it.
Once they do that, they will.
look at the different criteria, look at the ordinance, and
determine what can or shouldn't be done and go from there.
But at least the process will be democratic and fair.
And we will look at that as a guide for the other parks, dog
parks, dog runs, that will come along or some that are
existent now less than the acre.
I think we agreed that it was an administrative decision.
And I think Mr. Shelby referenced that.
I concur, and Karen Police was okay with that.
And that is in keeping with what I said about the committee.
I know that Kevin said this friendly but I have gotten a of
guff about unleashing me, and he will pay for that.
But it simply that it was an administrative decision.
And we all agreed that the whole process ultimately would be
an administrative decision, and of course when it comes to
the ordinance, then I guess we as council members will weigh
That's the update on that.
And Karen would have said this herself.
She might want to come in next week with the permission of
our chairman to elaborate on it.
But she is in Washington.
And I told her I would relay that.
Thank you for allowing me to say that, Madam Chairman.
That's all I have.
Thank you.
>>SHAWN HARRISON: Nothing, Madam Chair.
>>MARY ALVAREZ: Just one thing.
The CRA meeting that was scheduled for 11:00 o'clock will be
postponed to March 3rd.
>>THE CLERK: Would you like to do that in the form of a
>>MARY ALVAREZ: I would like to do that in the form of a
>> Second.
(Motion carried).
>>MARY ALVAREZ: That's it.
>>LINDA SAUL-SENA: Thank you.
Last week, I requested that we schedule a tree and landscape
ordinance workshop on -- I'm looking up the date -- March
3rd at 2:00.
And that's after a 1:30 workshop that's scheduled by the
Planning Commission staff to discuss the Tampa comprehensive
plan update.
I've received a call from Terry Cullen, and he thinks that
30 minutes for the 1:30 workshop is not realistic.
So I'd like to reschedule the tree and landscape workshop
for 2:30 rather than 2:00.
>> Second.
>>GWEN MILLER: Motion and second.
(Motion carried).
Thank you.
>>ROSE FERLITA: Just one announcement that I forgot to make.
It seems like the cable advisory board positions always come
back to haunt us.
Again I have a vacancy.
Because Steve LaBour feels that he should resign based on
his new position.
That is not firmed up yet.
He may consider going on.
He's been wonderful.
And Mindy Snyder said he's been a great addition to the
But that's based on whether or not he can stay or not stay.
If Mr. LaBour has to finally resign -- it looks like he
will have to -- then I have got a couple of applicants so
I have Terry Neal who has submitted his application, and
also Tom Keating, the new president of the Ybor chamber.
So although we are certainly considering both of these
applicants, I think I ought to put this out for notice to
the community for somebody else who wants to apply, then
certainly we want to look at a comprehensive application
process, and then come to a decision.
So if anybody is interested, would they kindly try to submit
Right now, Madam Chairman, say two weeks.
>>MARY ALVAREZ: So moved.
>> Second.
(Motion carried).
>>GWEN MILLER: Clerk, do you have anything?
We will stand in recess until 10:00.
(A recess was taken)
>>GWEN MILLER: Tampa City Council is called to order.
Roll call.
[Roll Call]
I would ask Ms. Cathy Coyle to please come up.
>>CATHERINE COYLE: I have not been sworn.
>>GWEN MILLER: We are going to swear everybody in.
Item 7 through 16.
Anyone in the audience that's going to speak on item 7
through 16, would you please stand and raise your right
Through 15.
(oath administered by clerk)
>>CATHERINE COYLE: I have been sworn.
This petition came before you last week.
And at the hearing we decided to amend to the an OP.
And that's what we are back before you to take that
However, the petitioner made the decision to amend her
planned development so that they could potentially add some
additional uses, not the invasive ones, like vehicle repair,
but to potentially have a restaurant there, or maybe some
retail to help revitalize the area, to have that ability,
she would need to revise the ordinance to go to a PD.
And we would ask to continue that if possible to April
21st at 10 a.m. since we are already on the morning
>> Second.
>>GWEN MILLER: Question on the motion?
Mrs. Saul-Sena?
>>LINDA SAUL-SENA: I want to see if there's anyone in the
audience who wanted to speak on it or had something to say
about changing the date.
>>GWEN MILLER: Anyone in the audience want to speak on item
number 7?
We have a motion and second on the floor.
All in favor of the motion say Aye.
Opposed, Nay.
(Motion carried).
Need to open number 8.
>> So moved.
>> Second.
(Motion carried).
>>PETE COWELL: Land Development Coordination.
>>MARTIN SHELBY: Mr. Cowell, have you been sworn?
Petitioner is -- petition is WZ04 127.
Petitioner is at 3404 east lake Avenue.
They are requesting a 2(COP-R) in a CI zoning district.
A use for a 40-seat restaurant.
There are other wet zonings within 1,000 feet.
It's 120 feet to residential.
It's an RS ~-~ 50.
And there's several institutional uses within the 1,000
Council would need to provide waivers for all three in order
to grant the petition.
>>SCOTT GUFFEY: Tampa Police Department.
I have been sworn.
I spoke with the East Tampa business and civic association.
They said that they do not oppose this wet zoning.
I also spoke with the gas station directly across the street
from the site.
He said he did not oppose.
My site inspection, I met with the owner and spoke with him.
He's actually been in contact with me overly several months,
if he had any questions about anything he would call the
police department. The police department doesn't have any
opposition to this.
However, there is strong opposition from the friendship
missionary Baptist church, reverend H.L. Daniels, and the
daycare center run by the church.
I spoke with them also.
I think someone will be here to speak to you today.
>> what about the daycare right behind there?
>> I spoke with the church daycare but not the one directly
behind the restaurant.
No, ma'am.
>>GWEN MILLER: Thank you.
>> Good morning, Madam Chairman, members of the board.
I have been sworn.
My name is Joseph Diaz, 2522 West Kennedy Boulevard.
And I'm here on behalf of hopeton and hyacinth with the
This piece of property is on the northeast corner at
34th and lake and the subject part of the building we
seek to wet zone is the eastern most portion of the
This building sits on three lots, and my client owns those
three lots as well as the five lots immediately behind it
and on two of those lots he's got a single-family residence.
And there's no residence any closer to this area than my
client's home.
This same exact parcel appeared before before -- back before
this council exactly 34 months to the date, January
17th, 2002, requesting a 2(COP-R).
At that point -- so when Mr. Virgo came to see me and advise
me he appeared before you, I thought, maybe I better go back
and look at that old file and see what happened.
In that old file there was a police report that was
submitted back then.
In the police report they made the statement there had been
86 calls for police services at this location dating back to
September 2000.
So they were telling you that within a period of 18 months
there had been 86 calls.
You are going to see that that was completely erroneous.
Way out of line.
So based on that, council started to talk to Mr. Virgo, and
told Mr. Virgo, look, we are sympathetic, we are small
business owners ourselves, we want to encourage business in
the area, we want to see you come in here, maybe what you
need to do is come back and see us in six months, nine
months, go back, clean this up, and show us that you're a
good member of the community.
Well, Mr. Virgo listened to you.
He waited 37 months.
If you look at the most recent police report that's been
prepared, that police report tells you that there were 44
police calls between 1997 and 2001.
Not 86 between 2000 and January of 2002.
And what it tells you is there's been no police calls for
2002, 2003, 2004, not a one.
You should have gotten a copy of it.
One of the submittal also -- submittals to you all came in
from a Florence gainer.
Florence gainer attached a computer printout on this
The only difference between her computer printout and mine
is mine is dated 2004 and hers is dated September 7, 2004.
But both of ours run from 1999 -- (off microphone) not what
you were told back in 2002.
And that printout will show you that there are no calls
whatsoever during 2002, 2003, 2004.
I then became aware of the fact that apparently some
petitions had been submitted in opposition to this
And I believe that council likewise has those.
and I'd like to address those petitions if I can for a
Those petitions came on to allege that they were being
submitted by various churches within the area, homes that
are in very close proximity, and they felt that if you
granted this, this would not have a positive image as the
neighborhood would negatively impact on the value of the
property, and we have been fighting drugs and crime in this
area working to develop a better neighborhood.
And they ask you to please don't support this because they
want to promote a healthy, vibrant and growing neighborhood.
I would submit to you this application never even mentions
the word "alcohol" anywhere on it.
Doesn't even tell you what the petition is, is a restaurant.
I can't think of a healthier, more vibrant, growing
neighborhood whose property values have been positively
affected on South Howard between Kennedy and Bayshore
There must be at least 20 restaurants in that area.
We are not before you with a 2(COP), with a 2(COP-X), with a
4 crop, with a 4(COP-X), with a 3PS.
We are before you with a 2(COP-R).
That's why we are before you.
That says by your rules and by the Division of Alcoholic
Beverages licensing, that, A, we have got to serve food, B,
at a minimum of 51%, has to come from non-alcoholic
beverages; C, we can't open for business unless we are
selling food.
We can never close down the kitchen and just be selling
We would be violating the law.
Can't do it.
And then when I got into this petition, this petition was
talking about these people live in close proximity.
I didn't know what pros proximity was by their definition.
So I said is it one block, two blocks, three blocks, four
Five blocks?
I define close proximity to be five blocks.
When I define close proximity to be five blocks, to this
petition, I noticed this petition had 144 signatures in
And of the 144 in opposition, 65 of them lived more than
five blocks away from this location.
Not only do they live more than five blocks away from this
location, they lived on gray street in west Tampa, they
lived on Nassau street in west Tampa, on the other side of
Hillsborough Avenue, they lived on atwater drive, arch
street in west Tampa, 87th street south, Adamo Drive,
Waters Avenue, Seffner, Brandon.
Let me tell you who lives in close proximity.
The 234 people that signed this petition that support me.
Now, do all of them live in that area?
But I'm going to tell you that my client will get up and
tell you that he walked the neighborhood.
And what you got here, please go through the addresses and
satisfy yourself -- are the people that really live within
this area.
All of them?
The majority of these, yes.
When my client was here before you in January 17, 2002, you
told him, you know, go out there and see if you can reach
out to the community and talk.
Well, at that point in time basically we had opposition from
three sources -- the churches, Linda's daycare, which is
about three blocks away, and the established businesses and
neighborhood association.
We didn't think there was a likelihood to get the churches
to come in, nor are we going to get Linda's daycare. But we
certainly reached out to the civic association and we met
with them.
In 2002, they were very opposed to this application.
I'm not here today to tell you that they are supporting it
but they are telling you they are not standing in opposition
and they have no objections to you granting us a one-year
So we are telling you we are willing to accept a one-year
We are telling you we are willing to limit our hours of
We are telling you that we'll close Monday through Thursdays
10:00 at night.
Friday and Saturday, 11:00 o'clock.
Sundays, 9:00.
Look, if you drive the area, start at the intersection of
Lake and 34th, if you go east, I don't think you are
going to find another restaurant on 34th.
If you go west, I think you have to go five blocks to get to
If you go north on 34th, you got to go past MLK which is
at least five blocks north of us.
And if you go south on 34th you have go to go all the
way down 7th Avenue before you find a restaurant.
My clients have done anything and more than you have asked
of them.
They have closed it.
Painted it, completely eliminated the scenario which was
there, which was not to the extent that you are advised in
By the way, there's been a restaurant there for a year,
which is another thing that you asked to us do.
Why don't you put a restaurant there for awhile and see if
it works and come back.
Well, there's been a restaurant there for a year now.
So what are we asking you?
Give us a year.
We have been excellent for the last three years.
We are not going to come and blow it now.
Give us a year so that we can show you that we are sincere
in what we are doing.
Wile reserve some of our time for any opposition that you
may have.
>>MARY ALVAREZ: Thank you, Madam Chairman.
Mr. Diaz, you alluded to the hours of operation.
You said Monday to Thursday.
What time do they start?
>>> I imagine open by 11:00 o'clock in the morning.
>>> Can you give me one second, Ms. Alvarez, before I
Do they open before 11?
11:00 o'clock in the morning Mondays through Fridays.
With a closing at 10:00 on Monday through Thursday, 11:00
o'clock opening on Friday and Saturday with a closing of 11
at night, and 11:00 o'clock opening on Sunday was a closing
at 9:00 at night.
>>MARY ALVAREZ: Is there a phone outside the building?
>>> Not to my knowledge.
The last time I was there, there was not.
Is there a phone outside the building?
No, ma'am, there is not.
>>MARY ALVAREZ: And you are willing to do the one-year
>>> That's correct.
>>MARY ALVAREZ: Thank you.
>>JOHN DINGFELDER: I'm a little confused on the history of
We have a printout of police reports, 99, 2000, 2001.
At that point in time was the building a bar?
>>> No.
>> What was it?
>>> At that point in time there might have been a restaurant
There has never been a bar-bar.
It's never been that.
>>: Has this property been wet zoned?
>>> Yes.
>> When was the last time it was wet zoned?
You can help me, anybody.
>>> I want to say maybe around 2000.
I want to say maybe around 2000 but I'm not positive.
>>GWEN MILLER: Does anybody know what the classification of
the wet zoning then was?
>>> 2(COP).
>>GWEN MILLER: 2(COP), period.
And the other thing, Officer Guffey, I think I'm looking at
the police department printout which shows from '99 to 2001,
some fairly serious calls.
I mean, fights, a lot of fights in '99.
And as we go into 2000, we go into some drug activity,
narcotics, cocaine, controlled substances, and then in 2001
it seems like fair amount of batteries, and assaults.
Were you involved in the investigating any of these?
Or do you have any knowledge of what this was about?
>>> Yes, sir. The initial report that Mr. Diaz talked about
was before my tenure in this position.
The only way I can speak to the discrepancy in numbers that
you saw on that between the one I generated for you was that
strip center, that building, is a long building.
Perhaps the addresses would pop up different, and sometimes
they would attach themselves to the entire building address.
The one that I did for you specifically covered the end of
that building, that address that's before you today, 3404
east lake Avenue.
>> This is dated December 7th, 2004.
That's your report, approximately?
>>SCOTT GUFFEY: No, my report would have been dated Friday
of last week, which was what the computer run that I did on
it which would have been the 2005.
Additionally it does show a call in 2005, but that was for a
community meeting that was held at the restaurant.
>>GWEN MILLER: Other questions by council members?
Is there anyone in the public that would like to speak on
number 8?
Come up and speak now.
>>> Hello.
William holeman, east Hillsborough Avenue, with the 000 on
the front of the building.
It was condemned because of a broken window and leaking
>>GWEN MILLER: Have you been sworn in?
>>> I need to be sworn in.
(oath administered).
>>> I do, so help me God.
I submitted to the City Council for writ of mandamus.
>>MARTIN SHELBY: Sir, I'm sorry, this is a particularly a
public public hearing on a particular wet zoning.
>>> Yes.
>> Is that what you are going to speak to?
>>> And I would like to make a request for writ of mandamus
for the public record to be supervised by the circuit court
across the street, because I feel there's some major
violations of the public record.
I make a motion not to interfere, or to bother the ongoing
public issue, the wetlands, but there's been some --
>>: This is a wet zoning, sir.
On this particular petition.
>>> On this particular petition.
There are some major violations of law here.
>> Would you please speak to the petition?
>>> Yes.
>> Just the facts of this case.
>>> Okay.
Petition in regard to wet zoning situation, item number 8,
there are statements made by attorneys here put on the
record which means that the issue goes across the street to
the circuit court --
>>GWEN MILLER: Sir, you are still not talking about item 8.
Item 8 is on 34th street.
>>> Yes.
>> Not across the street from the circuit court.
>>> It's a wetlands issue, is not going forward under the
supreme law of the United States Constitution and the
Constitution of Florida.
Thank you for letting me speak.
I want to speak on writ of man dumb us.
>>GWEN MILLER: Thank you.
We appreciate that.
Thank you for coming up.
>>> A motion by the City Council here.
>>GWEN MILLER: Not yet.
We will come back to you at the end of the meeting.
>>> But it comes up in the meeting.
We will come to you later.
Come on, Mr. Knott, anyone that's coming up.
>>> My name is Moses Knott, Jr.
I reside at 2902 East Ellicott street.
Ooh, I'm glad to hear you say this morning, the lawyer said
somebody filed a complaint.
I had people file a complaint on west Tampa, South Tampa,
all over town.
But I stand here to say this morning that I live more than
three blocks from this gentleman.
But I been knowing this gentleman since day one.
This is a good, small, black businessman, and you all are
prejudice against small black businessmans.
Most you run for office saying we are going to create jobs
for the little man.
I get up there and feel good about it when you get elected.
But I want to say, though, I know this man from day one.
The man came into my business, I sold used building material
for housing, business, anything.
I been knowing this gentleman since day one and went to the
restaurant, I went in there start eating.
I go there every day because that tastes good to me.
But I want to say, though, this thing I wish you would let
go on me and -- I say the small black businessman.
Not the white people.
People across the water can do anything they want in the
neighborhood, sell anything they wanted to.
But I want to say, though, these so-called church peoples,
now I say it because I'm an educated man in the Bible.
They got three sins.
I'm going to name them.
I said it on a radio talk show.
Shut the whole show down.
The number one sin, big one, you going to die, go to hell,
having sex out of the marriage, that's number one.
Number two is drinking liquor.
Ooh, the police catch you drinking a beer, put a knee on
your head, put you away.
And number 3, is cussing.
Now, if you don't do these three things you will go to
Now I want to tell what you the biggest sin, the biggest sin
in the whole wide world, I'm going to quote scripture, Jesus
said people die of hate but the second one blow me out of
the water, it's that lie tone.
These church folks get up there and lie to the peoples, tell
the people they pay your 10% tax, you ain't got to do
nothing but pay 10% tax, got a free ticket to eleven, now.
Thank you.
>>ROSE FERLITA: I'm just going to be curious to see what
kind of rebuttal Mr. Diaz is going to have.
>>MARY ALVAREZ: I want to know if Moses was sworn in.
>>GWEN MILLER: Next, sir.
>>> My name is Samuel Lims and I represent the missionary
Baptist church and I was sworn when everybody else was sworn
in, and to the council last year the last time this petition
was put forth.
And we do know that we do have a daycare center there.
Right now church is under evaluation for accreditation,
which will mean more students in the future.
And you all just built a new recreation center right on the
corner also from this place.
And all we are thinking about is the safety of the children.
We could care less about restaurants.
But anytime you say wet zoning, it's alcohol involved.
Everybody is not going to go in there and drink and drive
away from the place like they should.
So what we are thinking about is the safety of children in
the neighborhood.
And as far as the petitions that were signed with all the
addresses all over town, I'm one of the people that live in
Seffner, but that is my church, and I'm there two or three
times a week and all day Sundays and the daycare center is
open from six to six, and I don't know when the full
accreditation school, it still means children in the
neighborhood, and also recreational events going on on the
Thank you.
>>GWEN MILLER: Thank you.
Mr. Dingfelder.
Come back, Mr. Williams.
Come back, sir.
>>JOHN DINGFELDER: Just a quick question.
There has been an offer from the petitioner, his attorney
about a one-year conditional and limited evening hours.
Does that have any appeal to you as a compromise position to
see how they would do during the first year?
>>> We are just opposed to anything that says wet zoning as
far as alcohol.
And they are saying there's been no police reports for such
a length of time.
Well, if things are working, why bother, you know?
>> Thank you, sir.
>>GWEN MILLER: You already spoke, sir.
You can't speak again.
Is there anyone else that would like to speak in the public?
Anyone else that would like to speak?
Petitioner, would you like to come back for rebuttal?
>>> I think I would adopt Mr. Knott's argument.
Look, with respect to this most recent gentleman, as I
understood what he was saying first of all they oppose any
wet zoning no matter what it is.
Secondly, he's telling you that there's a daycare center
that's going to be there between six and six.
Well, we are telling you that at most we would conflict with
them between 11 in the morning and six in the evening.
At most.
A daycare center.
I presume that they are talking about little kids.
Highly unlikely we are going to misread their I.D. and sell
alcoholic beverages to someone under age.
We are not going to be doing the bulk of our business, which
I would expect would be the dinner business, when the
children are even at that location.
We come before you.
We have done everything that you asked us to do three years
We have gone above and beyond that.
Now we are coming back and saying, look, give us a chance to
show you that we can operate a good, clean business.
We'll take the conditional.
We'll limit the hours of operation.
Don't know what else to do.
We are not going to be a bar.
We are going to be a restaurant.
There's nothing you can do but completely withdraw the
petition, and we are not going to do that.
We ask you to join in the petition and support us.
>>GWEN MILLER: Are there any questions by council members?
>> Move to close.
>> second.
[Motion Carried]
>>LINDA SAUL-SENA: The fact of what is being considered
today is a one-year conditional premised upon that food
sales have to be 51% of all the sales and the petitioner is
limiting the hours, and will come back at the end of the
year for us to review their record gives me comfort.
So I move to support this request.
>> Second.
>>SHAWN HARRISON: I just wanted to confirm that the hours of
operation again are -- or the hours of sale of alcohol will
be from when to when?
>>> From eleven in the morning -- let's say 11:00 o'clock is
the starting time every day, Monday through Sunday.
Now closing times are going to vary.
Monday through Thursday it's going to be 10:00.
Friday and Saturday it's going to be 11:00 o'clock.
Sunday it's going to be 9:00.
>>SHAWN HARRISON: Well, Madam Chair, I think there's a
greater potential for conflict than the petitioner may be
letting on, because the daycare center is open 6:00 in the
morning, and if they are going to start selling the alcohol
11:00 o'clock in the morning that's a pretty wide range of
time, where there's potential conflicts.
And I notice that there are two daycare centers within 500
feet, and a park within 200 feet.
So I think in order to be consistent, again, when petitioner
has the burden of proof this is in the public's interest,
and I don't see how it is, so I'm not going to support it.
>>KEVIN WHITE: Madam Chair.
Mr. Diaz, I was not here with the last council three years
ago when they came up with the proposal for petitioner to go
back and become a good neighbor and good Stewart to the
It looks like that direction, your client did exactly what
was asked of them, and they have made tremendous strides to
make a good clean business within the neighborhood.
And I am one of those that are for people that are trying.
If you went back and did what we asked you to do, I think we
ought to be able to give you the opportunity to prove and
come back and say what it is that you'd like to do.
And with the onus of having the one-year conditional, I feel
Although alcoholic establishments aren't exactly what this
particular neighborhood needs, if it was a corner bar, I
would be greatly opposed to it.
But if the petitioner is having and running a viable, clean
business, the police have no objections, I looked at your
petition as well as the other one in opposition, yours
greatly has more support from people in the neighborhood.
And also there's another thing that I don't know if any of
the council members are familiar with this particular area.
I would venture to say the great majority -- well, not great
majority but at least 50% of the patrons of this particular
restaurant probably walk to the restaurant, because a lot of
people in this area don't have transportation.
And it serves a -- there's a huge housing complex on the
other side of the center there, and there's quite a bit of
pedestrian traffic, adult pedestrian traffic in the area.
And I think it may do a great service for those without
transportation as well who may want to come and maybe
partake of an alcoholic beverage with their dinner.
I will personally, within this next year, try to come by and
I will also keep an eye on that.
I would encourage anyone else in that area, if problems do
arise with this one year conditional, if this passes, to
please contact me, and like I said, I will be going by
because I go to quite a few functions at the center.
And at this time I will be in support of it but if this
petitioner proves to be a not responsible vendor, and is
putting any of our citizens in jeopardy in this area, I will
be one of the first ones to object to the continuance of
this wet zoning if approved.
But I will stand in support of this petition at this time.
>>MARY ALVAREZ: Thank you, Madam Chairman.
The fact that this is a 2(COP-R) and it's a restaurant, and
you are only imbibing while you are eating, gives me a level
of comfort.
The fact that it's in proximity to some daycare centers.
I'm hoping that the children are kept in the daycare, and
not allowed to go out to the restaurant.
So there has been a lot of support, especially we had the
petitioner from the Jackson Heights park that they support
So with all that in mind, I will support this petition.
>>GWEN MILLER: Other council members?
Mr. Shelby?
>>MARTIN SHELBY: Just a reminder, council, that before a
vote is taken the ordinance has to be read.
>>GWEN MILLER: I cannot support it because we have --
>>CATHLEEN O'DOWD: Legal department.
>> We have to have reto the ordinance?
>>> Yes.
We have to go back and revise the ordinance.
>>GWEN MILLER: I would not be able to support it because we
have -- the church, you say they don't live in the area but
they do attend that church, and that daycare, and Mr.
Williams says he is there two or three times a week, sees
what's going on in the neighborhood, he knows that people
are going to be coming through that area to go back and
forth and we have a daycare, it's not three blocks away,
it's right behind the restaurant, and those small kids
outside playing, in the playground.
And the kids across that street back and forth every day.
Plus we have the playground over there, too, playing.
And I won't be able to support it either.
So I'm going to call for the question.
>>MARTIN SHELBY: Ms. O'Dowd, for the purposes of the motion,
is the motion then on the floor is to approve -- is the
motion on the floor for this particular ordinance, or is it
a motion to ask legal to bring back an ordinance?
>>CATHLEEN O'DOWD: I would recommend the motion be to
approve this wet zoning as a 2(COP-R) if they are inclined
to with the one-year conditional, and directing my office to
prepare the ordinance to bring it back next week for first
>>LINDA SAUL-SENA: That's my motion.
>>ROSE FERLITA: Just one comment to the motion.
Mr. Diaz gives a very compelling reference to what has been
done between this council and last one.
We asked this gentleman to be a good business owner and to
come back.
And from that standpoint I would love to support it.
The issue to you me, though, is every time we have a daycare
or a church, if there is some conflict in terms of
overriding that distance requirement, I have a problem with
And I think the that two daycares and the church, although
I'm sure he has proven himself to be a good business owner,
I have difficulty with that because of the proximity of the
I as well, Madam Chairman, will not support it.
>>GWEN MILLER: We have a motion on the floor to approve it
with the one-year conditional.
All in favor of that motion say Aye.
Opposed, Nay.
>>GWEN MILLER: We go to item number 9.
>> So moved.
>> Second.
[Motion Carried]
>>PETE COWELL: Land Development Coordination.
I have been sworn.
The petition is WZ05-20.
The petitioners are Holland and Knight.
The request is located at 900 Harbor Island Boulevard.
They are request requesting a 2(COP-X) in a PDA zoning
district for an existing health club and tennis facility.
You have 378 seats surrounding the pool and tennis courts
that's part of the area, where the wet zoning will be.
There are other wet zonings within 1,000 feet.
There is residential within 17,000 feet.
There are no institutional uses within 1,000 feet.
Council would need to grant waivers to both the residential
uses and other places selling alcohol in order to grant the
>>SCOTT GUFFEY: Tampa Police Department.
We have no opposition to this wet zoning being granted.
>>GWEN MILLER: Petitioner.
>>> Good morning.
I have been sworn in.
John Marshall with Holland and knight, 100 north Tampa
street, suite 4100.
I'm here representing the Harbor Island athletic club and
the wellbridge company.
I also have with me this morning Mr. Tom Nealy, directors of
operations of the Harbor Island athletic club.
I would like to introduce him to you.
I note you are all familiar with this application but it's
just across the channel at the athletic club.
Again we are seek ago 2(COP-X) wet zoning for consumption of
alcoholic beverages, beer and wine, on the premises only.
This will be for the club building, and then as Mr. Cowell
has discussed with you, the area outside the club in the
back, between the club and the tennis courts.
Then the tennis courts themselves, then an area around the
two pools, which are to the side of the athletic club.
There are the four wet zonings that are in the neighborhood
within 1,000 feet, and the residential within 1,000 feet,
and we are asking that you grant the distance waiver under
chapter 3 of the Land Development Code.
At this time I would like to reserve time for any questions
that you might have about the petition.
>>GWEN MILLER: Are there any questions from council members?
Is there anyone in the public that would like to be speak on
item number 9?
>> Move to close.
>> second.
[Motion Carried]
>>GWEN MILLER: Mr. Harrison, would you read the ordinance,
>>MARY ALVAREZ: We have already closed the public hearings.
>>GWEN MILLER: It's closed.
Wait till tend of the meeting.
Mr. Reed, would you listen to him, please?
>>SHAWN HARRISON: Madam Chair, I don't need to read the full
ordinance here?
>>SHAWN HARRISON: Move an ordinance repealing ordinance 91
43A, an ordinance making lawful the sale of beverages
containing alcohol of more than 1% by weight and not more
than 14 by weight and wines regardless of alcoholic content,
beer and wine, 2(COP-X), for consumption on the premises
only in connection with a business establishment on that
certain lot, plot or tract of land located at 900 south
Harbor Island Boulevard, Tampa, Florida, as more
particularly described in section 3 hereof, waiving certain
restrictions as to distance based upon certain findings,
providing for repeal of all ordinances in conflict,
providing an effective date.
>>GWEN MILLER: We have a motion and second.
Any questions on the motion?
(Motion carried).
We need to open item 10.
>> So moved.
>> Second.
(Motion carried).
>>PETE COWELL: Land Development Coordination.
I have been sworn.
Petition is WZ05 22.
It's for rare hospitality, 2110 east Fowler Avenue, 4(COP-R)
in a CG zoning district.
They are tearing down the building you see on the plan
before you and they are proposing a much smaller building, a
new restaurant, 192 seats.
There are other wet zonings within 1,000 feet.
It's 778 feet to an RS-60 zoning district.
There are no institutional uses.
Council would need to provide waivers to both the other
places that are selling alcohol as well as residential
zoning in order to grant the petition.
>>SCOTT GUFFEY: Tampa Police Department.
This was for the long horn that's about to be built on the
Department has no objections to the wet zoning.
>>GWEN MILLER: Petitioner.
>>> I'm Hillary black with law firm DLA, gray, her I can,
for rare hospitality, Inc. This is for a long horn
steakhouse and rare hospitality.
The property had previously been a Rio bravo restaurant.
Our client has purchased the property, has built a new
smaller restaurant on the same site, and is looking to
continuing to provide that area with service.
I will reserve time if you have any questions.
>>GWEN MILLER: Other questions from council members?
Is there anyone from the public that would like to speak on
item 10?
>>> My name is William Holme, I have been sworn in.
With the 000 on the outside of the building because of a
broken window and leaking roof.
In this particular case the rare hospitality management
company is going forward in violation of public record laws,
and make a petition for motion of writ of man dumb us, but
would like to address Mr. Martin Shelby, number one, if I do
if I any requests for City Council, if nothing happens the
issue is dropped.
Obviously council knows that.
Also, two years ago the City Council turned off the TV
cameras when people were sent to the little boys room or
little girls room --
>> sir, you are not talking about ten.
You are going off on something else.
You have to stick to ten.
>> You turn the TV cameras off --
>>: Sir, you are not speaking -- you may have a seat.
You can come back up at the end of the meeting.
You can have a seat.
You may have your seat.
>>> Thank you very much.
>> You're welcome.
Is there anyone else that would like to speak?
We have a motion and second to close.
(Motion carried).
Ms. Ferlita, would you read number 10, please.
I was sort of distracted for a bit.
Move an ordinance repealing ordinance making lawful the sale
of beverages containing alcohol of more than 1% by weight
and not more than 14% by weight and wines regardless of
alcoholic content beer and wine, 4(COP-R), for consumption
on the premises and on that certain lot, plot or tract of
land located at 2110 east faller Avenue, Tampa, Florida as
more particularly described in section 3 here waiving
certain restrictions as to distance based upon certain
findings, providing for repeal of all ordinances in
conflict, providing an effective date.
>> I have a motion and second.
(Motion carried).
>>MARY ALVAREZ: Move to open number 15.
>> Second.
(Motion carried).
>>PETE COWELL: Land Development Coordination.
This is request for extension to an existing 2(COP-R) wet
zoning, petition WZ05 26, item number 11, right next door to
Clayton galleries at 4101 south MacDill Avenue, a
50-seat restaurant, selling beer and wine east of the
>>SCOTT GUFFEY: Tampa Police Department.
Department has no objections to this petition being granted.
>>GWEN MILLER: Petitioner.
>>> Greg Thomas, 100 north Tampa street.
I have been sworn.
I am here on behalf of Ms. Clayton.
This is simply a transition from one restaurant to another.
Ms. Clayton is in the process of negotiating with another
restaurant and hopefully that lease will be completed within
the next several days, and we can proceed.
It's been wet zoned since 1987.
Thank you.
>>GWEN MILLER: Are there any questions from council members?
Is there anyone in the public that would like to speak on
this item?
>>MARY ALVAREZ: I just want to find out how much time they
need for this extension.
>>> Well, 120 days would be perfect.
The lease should be signed and there are going to be
renovations to the building.
Those will probably take 60 days.
But I would just like the additional time to ensure that
everything is complete before they start.
>>MARY ALVAREZ: Thank you.
>>GWEN MILLER: We need to close the public hearing.
So moved.
>>> Second.
>>GWEN MILLER: We need to pass the resolution.
>>MARY ALVAREZ: So moved.
>> Second.
[Motion Carried]
>>GWEN MILLER: Need to open number 12.
>> So moved.
>> Second.
[Motion Carried]
>>PETE COWELL: Item 12 is requested to be withdrawn.
>> So moved.
>> Second.
>>GWEN MILLER: Motion and second to withdraw number 12.
(Motion carried).
>> Move to open 13.
>> Second.
[Motion Carried]
>>PETE COWELL: Item 13 is the area highlighted.
The request is for the Don Pancho Villa restaurant market,
Inc., WZ05 34, 4010 north Armenia. They were in about two
years ago requesting a 2(COP-R) for this location.
Now they are requesting a 4(COP-R) with a 156 seat
There are other wet zonings within 1,000 feet.
There is residential within 1,000 feet.
There are no institutional uses within the 1,000 feet.
Council would need to grant waivers to both the other places
selling alcohol and the residential within 1,000 feet in
order to grant the petition.
>>GWEN MILLER: We have a question for Mr. Cowell.
>>SHAWN HARRISON: It seems to be a 2(COP), and a 4(COP) is
>>> Beer and wine for consumption on premises, 4(COP-R) is
for beer, wine and liquor, same regulations with 49%
>>SCOTT GUFFEY: Tampa Police Department.
The department has no objections to the wet zone being
>>GWEN MILLER: Mrs. Alvarez?
>>MARY ALVAREZ: Mr. Guffey, according to your police report,
there was 56 calls from service from 1999 to the present.
How many calls have you had since, say, 2004?
>>SCOTT GUFFEY: I don't have that breakdown in front of me,
I can certainly answer that question for you if you give me
a few minutes to do some research.
>>MARY ALVAREZ: I'd like that.
>>GWEN MILLER: Petitioner.
>> Good morning.
I represent Pancho villa.
Currently, we are serving the beer and wine.
And we haven't seen any negative impact in the community.
The people have welcomed us.
We just -- this is a Mexican restaurant.
And we want to be able to serve the Margaritas.
That's why we are asking for higher license.
>>GWEN MILLER: Any questions from council members?
Mrs. Alvarez.
>>MARY ALVAREZ: Just a comment, that I have been to this
restaurant, and they serve a nice meal, it's a very clean
restaurant, they have a little store next door, next to it,
where they have groceries, and it's serving the Mexican
community there.
So I think it would be appropriate for them to have a
>>GWEN MILLER: Is there anyone in the public that would like
to speak on item 12?
>>> My mouse is 000 condemnation building for a leaky roof
and broken window. The City Council code violation people.
I'd like to put on the record, I would like to ask the
Supreme Court of Florida to review in this case petition of
mandamus --
>>GWEN MILLER: Sir, you are not speaking on number 13.
Is that on Armenia?
>>> I would like to say this is in violation -- yes, on
Armenia. This whole thing is in violation of the records
I addressed Mr. Shelby several times for motions for
Also, the public is not aware that two years ago City
Council arranged to have people who --
>>GWEN MILLER: Okay, sir, you are not on the subject so I am
going to stop you again.
You have to have a seat again.
We are going to go to the next person.
You are not sticking to 13.
>>> A quick question?
>> Why don't you make an appointment and sit down with Mr.
Shelby and --
>>> We are talking about comment.
That's the question to the City Council.
>> Make an appointment with Mr. Shelby.
He can answer all those questions for you.
>>> I appreciate you talking to me.
>>GWEN MILLER: Thank you.
>>MARY ALVAREZ: How did we get so lucky?
>>> My name is Joe Alfonso.
I have been sworn in.
Worked with the school board for 35 years, Jefferson county
high school counselor.
I live in the vicinity of Don Pancho.
I also talked with people that live within that area and all
the T people I talked to in the last few days not one person
favor that wet zoning.
It also included Caballero, former council members.
The concerns we have with different people that I talked to
is about the noise level, the traffic volume, the garbage
All you have to do is go by there seven times a week, and
the other concern is there's no barrier wall, like they had
the wall where you have the barrier wall between the
business establishments and the residential community.
The communities are very, very close to the siesta plaza.
The other concern is excessive drinking will bring several
elements of undesirable nature, and also I think the people
in the Ybor strip center, and we don't want that.
Also there is no security in that area, and that was another
concern to the community.
Thank you.
>>GWEN MILLER: We have a question.
>>ROSE FERLITA: Not of the speaker but staff or petitioner.
Maybe Mr. Massey?
When he raises the issue of a commercial site abutting a
residential, is there not -- I don't think you are the
Cathy Coyle or somebody is not here.
But is there not the issue of a 6-foot masonry wall and
landscape buffer?
Is there one exiting or what?
>>PETE COWELL: Mr. Massey said this site is basically for
all of its site improvements.
It was developed before the 1987 code.
And, therefore, it doesn't require those kind of retrofits.
So if it's torn down --
>> if they make any kind of improvements, I understand that
that triggers these buffers, is that not right?
Adding onto or something?
>>> They have not added onto the center.
They have changed some of the uses within the center but
they also had the parking requirement.
>> so they reconfigured but not expanded it?
>>> That's correct.
>> Okay.
>>MARY ALVAREZ: Thank you, Madam Chairman.
This is a strip mall, the fiesta plaza.
Like Mr. Cowell said, it's been there a long, long time.
I don't believe that you could probably -- where the strip
mall is, they have got a lot of parking in there.
So I can't see where the people are parking in the
neighborhood, you have got to go all the way around on Tampa
Bay Boulevard to go to Collins, Tampania to go to Collins.
So I don't believe that that would be a problem with the
parking situation.
And as far as putting a buffer wall, Mr. Cowell has already
addressed that part.
>>SCOTT GUFFEY: Police department.
Mrs. Alvarez, to answer your question.
Since the year 2000, there's been three calls at that
location, at 2004 there was a misdemeanor call, a car in a
parking lot that was selling jewelry.
2005 there was a grand theft auto.
In 2005 there was a petty theft from the building.
>>MARY ALVAREZ: I rest my case.
>>ROSE FERLITA: Now I do have a question for Mr. Alfonzo.
I'm sorry.
Now that you're comfortable, would you come back up, sir?
And of course Mr. Cowell with Mr. Massey's input.
And that's always uncomfortable in terms of residents with a
But if they are grandfathered in, that's something you can't
change unless -- let me finish -- unless they do something
to trigger those requirements.
But my question to you, sir, when you talked earlier about
the fact that you have a lot of residents that are in
opposition --
>>> Everyone I talked to.
>> And has that opposition been submitted toness some form?
>>> Not that -- I can.
I did it all verbal.
But I can have it on paper.
I'll go right back out there and knock on doors.
>>ROSE FERLITA: I'm just confused because I thought there
were some e-mails.
>>> Quite a few sent.
But I don't know how many people sent them because you have
to realize it's an older people, a lot of people that don't
have transportation to come down here a lot of them only
speak Spanish.
>> Or don't know how to use e-mail.
And your home again is where?
>>> Howard street.
It's just the garbage overflow has been horrendous and the
whole area.
But the other establishments there, too. We constantly
fight that.
And we see this as an increase.
And the actual dumpsters are way undersized.
I can go out and take pictures if you want me to show them
to you.
It overflows the next day after.
>>ROSE FERLITA: Thanks, Mr. Alfonzo.
>>SHAWN HARRISON: I'm sure you understand this already.
They already have 2(COP) which means they sell beer and wine
The only difference is they are going to be able to now sell
other liquor.
>>> I know.
>> I'm not sure how that is going to exacerbate the problem
that you're telling us about.
>>> It's going to increase the volume of traffic.
I think it's going to increase the element that's not going
to be desirable there.
I think you are going to have more drinking.
Excessive drinking.
And that's what they said about Ybor when it first started
out, don't worry about it.
We have another place down Armenia called dimensions.
And it's already having an effect on the community.
If you want to develop that way, that's different.
But you're talking about an area that's been there for many
Much more before they came in.
And it was established for many, many years.
And when fiesta plaza was first created, it was like mom and
pop type restaurants and everything in there subpoena -- two
other restaurants in there, they don't serve the alcoholic
>>GWEN MILLER: All right.
Petitioner, do you want rebuttal?
>>> This restaurant is a mom and pop restaurant.
And we are, like you said, serving beer.
We haven't had any problems.
We just want to serve the Margaritas.
It's in a shopping center.
So there is a lot of traffic there.
Not just for us, but for the whole shopping center.
And we haven't had any problems.
Like I said, we just want to serve the Margaritas.
I don't know what the opposition is, because we are family
It's Mexican restaurant.
Without the Margaritas, we are not a Mexican restaurant.
>>GWEN MILLER: We need to close the public hearing.
Q. So moved.
>> Second.
[Motion Carried]
>>GWEN MILLER: Would you read the ordinance?
>>KEVIN WHITE: Move an ordinance repealing ordinance 2004
157 ordinance making lawful the sale of beverages containing
alcohol more than 1% by weight not more than 14% by weight
beer and wines, beer and wine, 4(COP) for consumption, on
premises in sealed containers for couples off premises, at
or near the certain lot, plot or tract of land, 4010 north
Armenia Avenue, Tampa, Florida as more particularly
described in section 3 hereof waiving certain restrictions
as to distance based upon certain findings, providing for
repeal of all ordinances in conflict, providing an effective
>> We have a motion and second.
(Motion carried).
>>ROSE FERLITA: One quick comment.
I'm sure the petitioner's representative Maggie is correct,
sometimes it's difficult to sell Mexican food without
marring a right as, et cetera.
I wouldn't have a problem except there is not that buffer,
there is not that requirement there.
And I think Mr. Alfonzo is correct, although we want to
encourage them to have a good business, it is going to
exacerbate the customer base, and with that more garbage in
the back.
So for that reason because he is on Collins and some people
are in that close proximity don't have that buffer, I think
there might be some problems.
And when we finished, and it appears -- I would like to make
a separate motion that perhaps code enforcement go out to
the entire fiesta plaza.
I'm getting ahead of myself.
I won't support it for the reasons stated.
>>GWEN MILLER: Motion and second.
(Motion carried).
>>THE CLERK: Ferlita, no.
>>ROSE FERLITA: I would like to make a motion that code
enforcement go out and review the litter, the dumpster
locations, et cetera, for the entire fiesta plaza to make
sure if there is litter and they are in violation that they
are cited and they are obligated to correct.
>> Second.
[Motion Carried]
>> Move to open 14.
>> Second.
(Motion carried).
Petitioner is Taqueria cantina and burrito joint.
There's a typo in my staff report saying it's 2(COP-R).
The site currently has a 1(APS) wet zoning for package sale,
beer only, they are requesting the 2(COP) so they can do
on-site as well as off-site sales of beer and wine in
conjunction with a 50-seat restaurant in a CG zoning
It is on Howard Avenue.
They have several other wet zonings within a 1,000-foot
There is residential within a 1,000-foot radius.
There are no institutional uses.
Council would need to grant waivers to the other places that
are selling, as well as the distance to residential.
>>SCOTT GUFFEY: Tampa Police Department.
The department has no objections to the wet zone being
I have a letter from the neighborhood association where they
also support this.
>>GWEN MILLER: Petitioner?
>>> Good morning.
My name is Jay Host and I have been sworn.
I live at 812 south packwood in the Hyde Park area of Tampa,
About ten blocks from the Cantina.
My --
>>GWEN MILLER: Excuse me, sir, you are not the petitioner,
are you?
I said petitioner first.
>>STEVE MICHELINI: He's part of the ownership of the
Come on up, Jay.
Basically, he was introducing a family oriented restaurant.
Just wanted to make a few comments.
Then I will go through my comments.
>>GWEN MILLER: I apologize.
Go ahead.
>>> My wife Sandy and I are the proud parents of Jason Andra
quell who own the restaurant and also John who manages the
restaurant, and we also have a daughter that lives in the
South Tampa area.
So you can see that we are a family business, family run
We have spent significant money on the Taqueria cantina
since Jason and Raquel purchased the business in 2003.
As you can imagine, many people have spent an inordinate
amount of time in an attempt to make the cantina a
restaurant of choice for the Tampa community.
We thank you for your support and would appreciate your
support of this small business.
At this time, I want to turn it over to Steve Michelini who
I know you all know, who is our agent for the tan kin a.
>>STEVE MICHELINI: Very briefly.
This petition started off really in 2003 when it was
discovered that they had a package sales only wet zoning.
And since that time we have been working diligently to
resolve site plan issues, site permitting issues, and to
obtain a demolition permit to remove a two-story structure,
which is immediately adjacent to this restaurant, so that we
could provide additional parking.
If you look on the Elmo very quickly, this is a two-story
rental property right here that's being demolished.
And it's being replaced with a to-code, as best we can make
it to code, parking lot.
The parking that currently exists is here where the picnic
tables are being proposed.
And that's the first thing that we have got going here.
We have got a number of letters and petitions in support to
receive and file.
There's a dozen or more letters and approximately 180 or so
petitions supporting this.
I'll save that for the end.
In addition to that, we have an affidavit from the
demolition contractor indicating the demolition contract has
been signed and executed.
The adjacent structure will be removed in fairly short
This is a picture of the cantina, if you can't see it or
haven't been by it before.
What happened was that since they had a package store
license they were selling beer, and individuals were come
there, buying their food for lunch or dinner and going
outside and drinking the beer along with the food.
Well, that's a violation of the state laws, a violation of
your zoning code, and they didn't know it.
So that's why we are here to correct that so it would still
have the ability of someone -- if someone wanted to take
Mexican food and beer home they could do that, and they
could -- would also enjoy the ability to drink on premises.
So I would like to have all of these documents received and
filed, made part of the record.
I'll reserve any time for rebuttal if they have any.
But it's a very family oriented neighborhood, walk-up
And on these petitions, you will see we were trying to
identify the walk-up versus drive-up traffic, by far it's a
neighborhood, ride your bike, walk up to the restaurant.
I think as one letter said, it speaks volumes that they are
willing to demolish, and producing multi-families, two-story
house in order to provide parking that they get no revenue
>>LINDA SAUL-SENA: I have a question about the house that's
being demolished.
I knower not surprised.
I just want to make sure that it's not a contributing
>>> It is not.
Reviewed that with Annie Hart.
She has been out to the side and she has already signed off
on the demolition.
It has been altered and quite frankly is in very poor
>> the poor condition I am not as concerned about because
that of course is the owner's responsibility.
>>> It doesn't qualify in any respect as a qualifying
>> Thank you.
>>ROSE FERLITA: Mr. Michelini, just some clarification
that's confusing to me.
When they bought the property it was wet zoned with a 2(APS)
>>ROSE FERLITA: If we go forward and support this, will they
as well have to get -- will the 2(COP) replace the 1(APS)?
>>> It would replace the 1(APS).
And it would enable them to sell beer and wine on premises
for consumption, or in sealed containers to go off premises.
Normally, as a council, you have had more concern about
approving a package sale than you have on-premises couples.
It's exactly the reverse case here.
You have package to go, which it could become a liquor store
selling beer to go, only, without any restriction for food
or restaurant as an incidental use.
In this case, you have a restaurant that's functioning.
We are putting on the record that that's the principal use,
is a restaurant.
And we are asking that they be allowed to drink beer and
wine on the premises.
>> So in addition to the configuration or the new
configuration from the licenses that are purchased from the
state, then we are wet zoning the footprint of the property
differently than it was before, to be able to let them do
what they are doing?
>>> That's correct.
You have allowed them to drink on premises now.
>> I just want some clarification.
>>GWEN MILLER: Other questions from council members?
Is there anyone in the public that would like to speak on
item --
>>> I'm William Holme, 1006 east Hillsborough Avenue.
Code violation, house closed down because of a leaky roof
and broken window, 000 was on the petition.
The reason I'm here in regard to this issue is that I would
like to put on the record a request for a Supreme Court of
Florida, writ of man dumb us.
>>JOHN DINGFELDER: Ask a question.
It might be faster and easier for everybody.
You seem to have a standing objection to our procedure.
Is that correct?
>>> I do.
>> So if could just say, you know, just for everybody's
speed and time, if you could just say, I repeat my
objection, and that way, it would be on the record for this
item, and then could you just move on.
>>> Yes, Mr. Dingfelder, I would like to ask you a question.
Everything you are saying I accept.
I would like to ask you, are you aware that the TV in the
argument has been altered in the proceeding before the
>> Yes, like five years ago.
>>> Two years ago. The decision to turn off.
>> Thank you.
All right.
But that would just be my suggestion, William, if could you
just state, I state my procedural objection and then move
>>> Certainly.
Two years ago they made the decision to cut off certain
parts --
Now you are off the agenda now.
You have to sit down.
>>> Thank you, Madam Chair.
>>: Move to close.
>> Second.
[Motion Carried]
>>GWEN MILLER: Mr. Dingfelder, would you read the ordinance?
>>JOHN DINGFELDER: Yes, ma'am.
>> 14.
First reading.
Move an ordinance repealing ordinance 96-147, an ordinance
making lawful the sale of beverages containing alcohol of
more than 1% by weight and not more than 14% by weight and
wines regardless of alcoholic content, beer and wine,
2(COP), for consumption on the premises only in connection
with a restaurant business establishment on that certain
lot, plot or tract of land -- I think that's a mistake,
isn't it?
Isn't this for couples on the premises and sale off the
>>GWEN MILLER: That's correct.
Continue reading.
>>JOHN DINGFELDER: Hear we government on the premises only
in connection with a restaurant business establishment on
that certain lot, plot or tract of land located at 402 South
Howard Avenue, Tampa, Florida, as more particularly
described in section 3 hereof waiving certain restrictions
as to distance based upon certain findings, providing for
repeal of all ordinances in conflict, providing an effective
Again I would say that's strange language to council.
>>THE CLERK: I think the title that's on the agenda is
reflecting the wrong information.
>>JOHN DINGFELDER: That's way thought.
>>GWEN MILLER: Do you have another ordinance?
>>JOHN DINGFELDER: I'll try again.
Move an ordinance -- strike the prior motion.
Move an ordinance repealing ordinance 96-147, an ordinance
making lawful the sale of beverages containing alcohol of
more than 1% by weight and not more than 14% by weight and
wines regardless of alcoholic content beer and wine 2(COP)
for couples on premises, and off premises from that plot or
tract of land at 402 South Howard Avenue Tampa, Florida as
more particularly described in section 3 hereof waiving
certain restrictions as to distance based upon certain
findings, providing for repeal of ordinances, providing an
effective date, and they have a license to sell off
premises, all they are doing is adding the ability to add
off premises.
Otherwise I would probably have hesitations for another beer
and wine establishment on Howard.
Thank you.
>>ROSE FERLITA: I am wholeheartedly supporting this because
as we talked about earlier it's difficult to sell Mexican
food without liquor and the 4(COP) was approved earlier.
This one particularly since it's on Howard Avenue, in Soho.
We expect that to be an area that has the opportunity for
couples of alcohol.
By the way, I have been there before.
It's great.
Congratulations to you and good luck.
>> Move to open.
>> Second.
>>THE CLERK: Before we go into the next item, item 13, I was
just checking the title on that, that's reflected on the
agenda is incorrect according to the title that's on the
agenda according to the ordinance in the file.
We will need to rescind it.
And then reread it.
>>GWEN MILLER: Do we have to read it?
Give to the Mr. White.
>>MARTIN SHELBY: Do a motion to reconsider.
>> Motion and second to rescind item number 13.
(Motion carried).
>>KEVIN WHITE: Number 13.
File WZ05 34.
Move an ordinance repealing ordinance number 2004-175 an
ordinance making lawful the sale of beverages containing
alcohol regardless of alcoholic content beer, wine and
liquor 4(COP-R) for consumption on premises only in
connection with a restaurant business establishment on that
certain lot, plot or tract of land located at 4010 north
Armenia Avenue, Tampa, Florida, as more particularly
described in section 3 hereof, waiving certain restrictions
as to distance based upon certain findings, providing for
repeal of all ordinances in conflict, providing an effective
>>GWEN MILLER: We have a motion and second.
Any questions on that motion?
(Motion carried).
>>MARY ALVAREZ: Move to open number 15.
>> Second.
(Motion carried).
>>PETE COWELL: Land Development Coordination.
WZ05 39.
The Mcclure company incorporated located at 1720 north
Dale Mabry Avenue.
They are requesting a 3(APS) as a principal establishment
for the sale of liquor in a CI zoning district.
The reason they can do this is because they are in a
shopping center of more than 75,000 usable gross scare feet.
What's taken into account to make up the shopping center is
the Home Depot, the Toys R Us and what was the rooms to go
which is now going to be the establishment we are
There are other wet zonings within a thousand feet, council
will have to provide a waiver for those.
There is residential within a thousand feet.
Council would need to provide a waiver for that.
>> What is the proposed use?
>>> It's a package store for liquor and wine.
Beer, wine and liquor.
>> Just a straight-up ABC package store?
>>> Similar.
I think will I will let the petitioner explain those issues.
But yes.
It would be in the building where rooms to go is right now.
>>SCOTT GUFFEY: Tampa Police Department.
Department has no objections to the wet zoning.
Also I spoke with the Carver City neighborhood association.
They also have no objection.
>>GWEN MILLER: Petitioner.
>> Good morning.
I have been sworn.
John Marshall with Holland and Knight, 100 north Tampa
street, suite 4100.
This morning we are here representing along with John
LaRocca of Murphy and LaRocca consultants, the petitioner,
Mcclure company, Inc., and as well the petitioner is the
contract purchaser, or the intended purchaser of the rooms
to go store.
And the intended tenant is total wine and more, a fine wine
retailer, and we are also representing total wine and more,
and they are represented here by David Turner.
And I would like to take a minute to introduce you to Mr.
Turner and to Mr. Mcclure.
Mr. Mcclure.
And David Turner sitting next to him.
We are requesting a 3 PS wet zoning for sale for beer wine
and spirits at this location.
And as Mr. Cowell pointed out, we are situated in the rooms
to go, Home Depot, Toys R Us shopping center, on the west
side of Dale Mabry, which is now sharing access with what
you are familiar with, and seems to be a Walters crossing
shopping area, and this is going to be one large commercial
area that will be adding onto the existing rooms to go,
rooms to go, Home Depot and Toys R Us shopping center.
There are several other wet zonings that are in the area.
Tex-Mex is across the street.
You may be familiar with that.
Longhorn steakhouse.
ABC liquor.
And the Amoco service station.
There is also residential within a thousand feet.
There are two different provisions within the Land
Development Code which I'm sure you are aware of which allow
for a waiver.
And the conditions for the waiver are of course that with
respect to residential that you would have shopping center
use greater than 75,000 square feet.
And that is under a section 3-76 of the Land Development
I'm sure you will have questions.
I would like to reserve any time I have for questions you
may have.
>>GWEN MILLER: Other questions by council members?
Is there anyone in the audience that would like to speak on
item --
>>> William Holme, 1006 east Hillsborough Avenue.
And Mr. Dingfelder, thank you so much, sir.
I would like to make an objection on the record to this case
because of violation of Supreme Court law, thank you so
>>GWEN MILLER: We have that.
Thank you for putting it on record.
We have a motion and second to close.
(Motion carried).
>>ROSE FERLITA: Just a comment.
We look at all of these petitions on their own merit.
Mr. Marshall, thank you for your explanation.
We have no institutional uses within 1,000 feet.
And from the standpoint of the residential property within
1,000 feet, Carver City is very protective of its
neighborhood and I think you know as well as I do they were
concerned about this request -- if they were concerned about
this request they would be here and the fact they have no
opposition tells me the neighborhood is okay so I for one
will certainly support it.
Thank you for your explanations.
Move an ordinance making lawful the sale of beverages
regardless of alcohol content beer, wine and liquor 3(APS)
in sealed containers for couples off premises only at or
from that certain lot, plot or tract of land located at 1720
north Dale Mabry Highway, Tampa, Florida, as more
particularly described in section 2 hereof, waiving certain
restrictions as to distance, based upon certain findings,
providing for repeal of all ordinances in conflict,
providing an effective date.
>>GWEN MILLER: I have a motion and second.
Are there any questions?
>>LINDA SAUL-SENA: I have no problem for this petition for
the wet zoning.
I just hope that the sign will be small and tasteful.
>>GWEN MILLER: Motion and second.
[Motion Carried]
Mr. Cowell?
>>PETE COWELL: Just getting ready for the next petition
Unfinished business item A.
I assume that's next.
>>GWEN MILLER: We will go to our attorney, Mr. Shelby.
>>MARTIN SHELBY: In communication with the legal department,
I have been told that there's been communications by Mr.
ASHAVERA regarding new evidence that has not been introduced
in the previous public hearing.
I don't know whether he's present and wishes to address that
If that is the case, before we do that, two fold, I would
like to be able to, because Mrs. Alvarez was absent, to
state for the record, Mrs. Alvarez, that you had an
opportunity to review the tape.
>>: Yes.
>> And also to assure on the record that there has been no
ex parte communications relative to this case since the last
public hearing.
>>JOHN DINGFELDER: I think I, along with many members of the
council, have received e-mails on this.
These are two suffice okayed groups, one pro and one con,
and I call it electronic warfare. Anyway, I have received
numerous e-mails and I filed them with the clerk on both
side of the issue.
>>ROSE FERLITA: I don't know if anybody else on that side
has to declare anything.
I want to say something as well.
>>MARTIN SHELBY: Other than the fact the other thing I am
going to request -- as far as communications, I'm through
with that.
>>ROSE FERLITA: Let me make my disclosure in terms of the
Thank you.
Don't believe at this point that I have any affirmative
obligation to do this.
But since we are going around and we are making some
comments on the record I think it's probably safe to do
There is a young lady that has been a neighborhood leader
and advocate for Parkland Estates for quite a long time.
Longer certainly than she's been in my employ.
She is a part-time technician at Rose drugs.
Her name is Karen dent.
I think that the young lady has the opportunity and the
right to voice her opinion regardless of whether she works
at rose, CVS, Walgreen's or anyplace else.
I can assure council in this record we have had no ex parte
communication, and that in no way does what she do have
anything to do with me in terms ofen nearing to my financial
benefit or gain.
I think it's good to put that on the record.
I certainly advised her if she has any questions she should
ask staff.
I believe one time Mr. Shelby was there for another issue at
my drugstore and she approached him.
I have no idea what the conversation was.
But I thought it was the safest thing to do that I walk away
that. Is clearly what my position has been with Karen dent.
And I wanted to put that on the record.
Additionally, there is one thing that I do want to disclose
in terms of ex parte communication.
I got not one call but four calls, I believe, from a
physician who I know named Dr. David Luben.
I thought thought it was pharmacy related so I was quick to
call him back and see if I could resolve some problems.
He went immediately into lobbying about Mr. Minor and what a
nice guy he was, and a assured he was but we would have no
more conversation, and he talked about the process, and I
said the process is always fair, whether we like it or not,
the process will be adhered to and everybody will go away
with a democratic understanding that everybody had their
opinions and their rights.
He said why are you voting against it? I said, David, this
conversation is finished.
This is ex parte.
It's not appropriate.
I appreciate the call, but we'll not continue this
End of story.
We hung up.
So I think it's necessary to put that on record as well.
That's all I have, Madam Chairman.
>>MARTIN SHELBY: If Mr. Eshavera wishes to address council,
there should be a motion from council for that purpose.
And again he and anybody else would be speaking on that be
>>LINDA SAUL-SENA: I just had a question.
It's a process question.
It is my understanding at the end of the last meeting that
we weren't -- today's meeting was closed, and it's a
question of fairness, really.
Is it fair for someone to say I have something new at this
It's a question for you, Mr. Shelby.
>>MARTIN SHELBY: Well, I guess the threshold question, is
this information that was not available at the last public
And I guess it would be Mr. Eshavera who would address that
If it's new evidence that came to his attention since that
time, then I believe it would be appropriate for council.
Mind you, I should also point out the petitioner would have
opportunity for rebuttal in response to that.
And we do this in abundance of caution to protect the
>>PETE COWELL: The public hearing hasn't been opened yet.
But when you do, I'd like the chance to speak first to
explain the issue.
And then we can go into Mr. Eshevarea discussion of what's
going on.
>>GWEN MILLER: Don't speak now.
When you come up, they speak then, sir.
>>JOHN DINGFELDER: Point of order.
Before we hear from Mr. ESHAVERA and without opening the
public hearing, because I think there's been plenty of
discussion on this issue, maybe Mr. Cowell wants to tell
Tuesday general nature.
Actually to answer the threshold question, is this new
information that otherwise was not available previously?
I think that's really the key question.
>>MARTIN SHELBY: Either Mr. Cowell or Mr. Massey, staff
members would be able to address that.
Just for the purposes of clarification.
The record should reflect that the public hearing has been
closed at this point in time.
>>GWEN MILLER: It still closed.
>>PETE COWELL: The issue of fairness and whether or not it
was a misnotice before it was heard in the first case.
There is a piece of real property that is owned by the City
of Tampa, that was granted and dedicated to the city under a
separate ordinance, not as part of the initial language of
Parkland Estates.
The requirement for notice is the most current ad valorem
tax roll of the property appraiser's office.
The area highlighted in blue, it doesn't have any lines
around it, is the area that makes up that park.
But if you look at it op on the standard -- at the property
appraiser's office as well as the list of things with it,
it's identified as right-of-way, and there is no name on the
I contacted the property appraiser's office, and their
abstract section to say, why is it not on?
They said, well, sometimes they are a little lax in getting
around to properties that have no financial benefit to the
tax role in putting them on.
As to the question of notice, did Mr. Minor do his notice
He did.
He followed the most current ad valorem tax roll and
notified every property owner on that list.
That he was required to notice within the 250 feet.
I also contacted the surveyor, also contacted the property
appraiser's office to be told it was right based upon the
information that they had at the time.
Therefore, he did not include it on his list when it was
sealed by the surveyor.
So from our premise, notice was done correctly.
And that's tend of the subject.
>>JOHN DINGFELDER: The bottom line is even if he had added
that additional notice, that just would have been a notice
to the Tampa city real estate department that this was
>>> It would come to us.
>> I believe the city is aware of this.
>>> Since we took in the petition we are aware of it and we
are already asking for a waiver to institutional uses as
part of the petition.
Therefore, it's not a change in the motion either.
>>LINDA SAUL-SENA: I was going to say based on the active
participation of the community and discussion of this, I
think that notice -- that this additional piece of property
would have affected the conversation and therefore I would
like us to not open the public hearing but proceed with the
>> Second.
>>GWEN MILLER: We have a motion and second.
Questions on the motion?
All in favor of the motion say Aye.
(Motion carried).
>>JOHN DINGFELDER: Do we have a motion on the floor?
>>GWEN MILLER: Now to the vote.
We have a continuation, because Mrs. Alvarez will just now
to vote.
>>MARTIN SHELBY: Just a recollection of the motion was made
by councilman Dingfelder, that the said ordinance be denied.
That's the motion that's on the floor.
And I believe that was the basis for the tie vote the last
>>GWEN MILLER: So we are going to vote on the motion that
was made to deny.
So all in favor --
>>LINDA SAUL-SENA: Excuse me, our machine isn't cranked up.
>>GWEN MILLER: We are not going to read the ordinance now.
We are just voting on it.
>>LINDA SAUL-SENA: Excuse me.
>>GWEN MILLER: She's not ready.
>>JOHN DINGFELDER: The vote is to deny.
>>LINDA SAUL-SENA: So it's a verbal.
>>GWEN MILLER: All in favor to deny the petition, say Aye.
Let's try it again.
All in favor to deny the petition, say Aye.
Those who oppose to deny say Aye.
>>> Saul-Sena, Alvarez, Miller and white voted no on the
motion for denial.
>>GWEN MILLER: Let's read the ordinance.
Do you want to read it, Mrs. Saul-Sena?
Do you want to read it?
>>MARY ALVAREZ: I'd like to read it.
For second reading, move to adopt the following ordinance
upon second reading, an ordinance making lawful the
conditional sale of beverages containing alcohol of more
than 1% by weight and not more than 14% by weight and wines
regardless of alcoholic content, beer and wine, 2(APS), in
sealed containers for consumption off premises only at or
from that certain lot, plot or tract of land located at 2511
west Swann Avenue, Tampa, Florida, as more particularly
described in section 2 hereof, waiving certain restrictions
as to distans based upon certain findings, providing for
repeal of all ordinances in conflict, providing an effective
>>GWEN MILLER: We have a motion and second.
Roll call vote.
Vote and record.
>>THE CLERK: Motion carried with Dingfelder, Ferlita and
Harrison voting no.
>>GWEN MILLER: We go back to our -- it's 10:30 but we are
not too far behind.
To come talk about the homeless coalition.
Rayme Nuckles.
>>> Good morning, Madam Chair, members of the council.
Rayme Nuckles, chief executive officer of the homeless
Thank you for asking me to come before you today to talk
about homelessness in our community, and some of the updates
that are happening with the homeless task force.
It's a privilege to be among you today and make a
It's always important that we continue our commitment in
this community.
It's critical that we keep you informed to the issues that
are relevant with regard to homelessness in Tampa and
As many of you are aware, Mayor Iorio has been very
supportive of our homeless task force, and worked very
diligently with us, and helping us secure members from the
community who would be willing to work on a homeless task
force in the community.
With that charge, we were led by Mayor Iorio, and went to
the county commission to seek assistance and they approved,
as well as the homeless coalition would jointly work on this
task force together.
We are very fortunate to have Mr. Anthony BURRELL and
Christine Burdick as our co-chairs.
The task force has been meeting since September, and in
January they broke off into different subcommittees and have
been meeting -- some groups are meeting twice a month.
And they are making some good progress towards coming to
City Council and the county commission with a financial plan
that we hope will end homelessness in Hillsborough County.
To give you a little background on some of the things that
we have been working on in the past year, just recently,
this summer, this past summer, we applied for over $4
million in federal funding, and we were awarded
$4.2 million.
We just were handed a check last week at a HUD conference
here in Tampa.
We were the largest winner in our area, funding that was
available to us.
We were also awarded two other grants from the office on
homelessness in the State of Florida for $420,000 affordable
housing development, working with central city CDC, and so
that will be a development specifically for families.
And we were also awarded $135,000 from the office on
homelessness from the State of Florida for collaboration
with the Tampa community health center for medical and
dental facility.
Just recently, in January, we completed our homeless census
and survey.
We know that in the 2003 census we had over 8,000 homeless
individuals and families living in Tampa and Hillsborough.
And we estimate that we do have an increase based upon the
raw data that we have received.
I don't want to give you a specific number until we have
those -- all the data elements gathered, and put together on
a format that we can publish and go on record as indicating
how many homeless families and children and men and women
that we have in Hillsborough County.
We have also been very successful over the past year with
our advocacy.
And this past year, we worked very closely with national
coalition for the homeless, the national policy and advocacy
council on homelessness, and the national advocacy of
Those are our three national -- and they have provided to us
opportunities for advocacy grants that are then provided to
the coalition.
And because of our continued advocacy work, we were able to
bring in about $20,000 in extra advocacy grants that came to
the coalition.
So we are making great strides.
I want to commend the city for the amount of work that the
mayor's office has contributed to us.
The police department has been excellent working with us.
And mark Huey's office has also also been very helpful in
helping us meet the needs of homeless individuals and
families in Tampa.
And I'm very grateful that we have such a great working
relationship with this city.
And the support that we received.
>>ROSE FERLITA: Just a comment.
Mr. Nuckles and I are in contact from time to time, and
that's where we get the idea that we are concerned about the
homeless situation and all of a sudden it goes away and it's
not at the top of our list anymore to talk about.
And I really commend you.
It's a very impressive committee, by the way, that has done
some work behind the scenes.
And I think anytime you feel there's nothing we need to be
informed about, don't be shy about asking to come back.
Certainly it can be yours next, because I appreciate what
you're doing, and an update on what's going on behind the
scenes would be profitable and beneficial to our community.
So thank you for what you do.
>>JOHN DINGFELDER: It's interesting, and we appreciate the
fact you gave us some indication what other communities in
Florida are doing -- Orlando, Miami, Broward, Jacksonville.
What are we planning on doing -- what are your plans for the
$4 million?
And where would you expect that might be used?
>>> The $4 million is an annual amount that we annually
apply for.
Those funds are already allocated to specific organizations
who provide homeless services in Hillsborough County and
And some of those services -- let's see, let me remind
myself here.
Salvation Army will receive some of those funds.
Mental health care will receive some of those funds.
The Tampa housing authority received a considerable amount
of those funds for homeless individuals.
Agency for community treatment services.
Ax received some of those funds.
The homeless Seoul coalition also received funds for
homeless information management system and the information
And that's the first time that the coalition has received
any kind of federal funds.
So that was a feat in itself in acquiring that grant for us.
So we will be adding new staff.
It's just myself and our director of operations and
programs, Susan Bremmel.
So we will be able to add more staff and working more
diligently in the community.
>>MARY ALVAREZ: Thank you, Mr. Nuckles for bringing this
informative meeting to us.
My question is, is Hillsborough County correcting --
contributing to your cause here?
>>> Yes.
They also provide us funding as well.
>> How much are they providing?
>>> They provide $27,000 a year in administrative funds.
>> Are you asking for more funds from them?
27,000 is like a drop in the bucket for them.
>>> Just recently, in their community development block
grants that are provided through Hillsborough County, we
requested a considerable amount of funding.
>> Considerable amount.
I understand that the Salvation Army had curtailed some of
their beds.
They had to curtail some of their services.
Would the moneys that you're planning to share with them,
are they planning to do a little bit more as far as the beds
are concerned, and where can they put them?
>>> They did not cut back any of the beds they provided.
They cut back on some of the meals that they were providing.
>> just meals?
>>> Yes, ma'am.
>> Will they be reinstituting that?
>>> The funding that's provided specifically from the head
funding source must go to permanent housing and shelter.
: Why where is your permanent housing going to be?
Is that just going to be scattered throughout the city?
>>> Yes.
The funding that came from - going to Tampa housing
authority will be using that specifically like similar to
section 8 vouchers, it's called tenant assistance, they can
rent anywhere in the community, and live in where in the
community with the assistance.
>> What about Metropolitan Ministries?
Are you sharing with them Metropolitan Ministries at this
time has not used any of those federal funds.
>> But they have gotten some?
>>> No, ma'am.
They have never applied for that.
>> So, in other words, when you have got that amount of
money, and you were sharing with Salvation Army and others,
Metropolitan Ministries was not getting any?
>>> Metropolitan Ministries is not getting any specifically
from that funding source.
They are receiving funds from other federal funding sources.
>> Because they have a different type of program?
>>> Yes.
>>MARY ALVAREZ: Thank you.
>>> It depends on the specific categories and what they
request the funds.
>>GWEN MILLER: Other questions?
Thank you.
We appreciate that report.
>>> Thank you for having me.
I appreciate it.
>>GWEN MILLER: Anything else to come before us, clerk?
>>THE CLERK: Just to receive and file the documents.
>>MARY ALVAREZ: So moved.
>> Second.
(Motion carried).
>>GWEN MILLER: Anything else to come before council?
Mrs. Saul-Sena?
>>LINDA SAUL-SENA: There's a gallery hub this downtown
Friday night six to ten with free transportation between
nine different venues provided by the streetcar and there
will be a lot of people.
>>GWEN MILLER: Nothing else, we will go to our audience
(Meeting adjourned.)