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TAMPA CITY COUNCIL

Special Called Meeting

Tuesday, March 29, 2011

10:00 a.m.


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09:57:15 >>THOMAS SCOTT: Tampa City Council will now come to

10:05:04 order.

10:05:04 The chair will yield to the honorable Charlie Miranda.

10:05:07 >>CHARLIE MIRANDA: Thank you, Mr. Chairman.

10:05:08 Mr. Chairman, I'm proud and honored this morning to

10:05:11 introduce an individual who is going to lead us in the

10:05:14 prayer this morning, an individual who is no stranger,

10:05:17 not only to the people here this morning, but to all

10:05:20 the people in the City of Tampa.

10:05:22 He's been an outstanding citizen.

10:05:24 He's been the leader of his community, been the leader

10:05:27 in a lot of areas.

10:05:28 He served government in two different entities, which

10:05:31 is very hard to do in these days.

10:05:33 My friend, the Reverend Chairman Tom Scott.

10:05:37 Please rise for the pledge of allegiance and remain

10:05:40 standing for the pledge of allegiance.

10:05:44 >> Indeed we are grateful and thankful for the

10:05:50 privilege to come in your divine presence, to say thank

10:05:53 you for this day, the beauty of this day, the rising of

10:05:54 the sun and yet the going down of the same.

10:05:58 Today we honor you, we praise you, bless you, we thank

10:06:01 you for this nation, this country, pray for those men

10:06:05 and women now who are fighting for democracy around the

10:06:07 world, and we pray for peace -- peace in the Middle

10:06:10 East, peace in our nation, and we pray that you will

10:06:14 protect our men and women, bring them back home safely

10:06:16 to their families.

10:06:17 Thank you now for this council.

10:06:19 Thank you for the work that this council has done over

10:06:22 the years.

10:06:22 We pray now for the much more success as some of us

10:06:27 leave and others come.

10:06:28 We pray your blessing upon our great city, upon our new

10:06:31 mayor, and for all this we pray in your name.

10:06:35 Amen.

10:06:36 (Pledge of Allegiance)

10:06:52 >>THOMAS SCOTT: We'll have roll call.

10:06:53 >>JOSEPH P. CAETANO: Here.

10:06:56 >>YVONNE CAPIN: Present.

10:06:56 >>GWEN MILLER: Here.

10:06:57 >>CHARLIE MIRANDA: Here.

10:06:58 >>MARY MULHERN: Here.

10:07:01 >>CURTIS STOKES: Present.

10:07:02 >>THOMAS SCOTT: Here.

10:07:03 I am going to ask for a copy of that introduction and

10:07:07 frame it and save it and read it over and over.

10:07:14 Thank you, thank you, councilman Miranda, for that

10:07:16 wonderful introduction.

10:07:18 Okay.

10:07:23 We will have the 10:00 public hearing.

10:07:25 And so say continued public hearing for the item 1, and

10:07:34 then we will have item 2.




10:07:40 We probably need to do 2 first, right?

10:07:44 >>CHARLIE MIRANDA: Move to open the public hearing.

10:07:45 >>GWEN MILLER: You don't have to open them.

10:07:54 They are continued.

10:07:56 >>THOMAS SCOTT: All in favor?

10:07:58 Opposes be? Let's get the special youth permit

10:08:00 underway.

10:08:01 That's item 2, I believe, right be?

10:08:04 >>MARTIN SHELBY: That's quasi-judicial.

10:08:06 We ask that you swear in the witnesses with regard to

10:08:08 that.

10:08:08 >>THOMAS SCOTT: Anyone addressing council please stand

10:08:11 to be sworn.

10:08:12 >>MARTIN SHELBY: On item 2, please.

10:08:13 Item 2.

10:08:14 (Oath administered by Clerk)

10:08:27 And council is taking up item 2 as the first order of

10:08:31 business.

10:08:32 >>THOMAS SCOTT: On item 2, staff needs to do an

10:08:38 introduction on this particular item?

10:08:42 >>CATHERINE COYLE: I want to verify the corrections

10:08:43 have been made and the site plan will be on file.




10:08:46 >>THOMAS SCOTT: Anyone from the public wish to address

10:08:50 council on item 2 be? Anyone from the public wish to

10:08:53 address council on item -- well, let's hear from the

10:08:55 petitioner first.

10:08:57 Mr. Mechanik, do you want to speak?

10:08:59 >> David Mechanik, 305 South Boulevard.

10:09:07 We would just like the opportunity to respond to any

10:09:10 comments from the audience.

10:09:12 Thank you.

10:09:12 >>THOMAS SCOTT: Okay.

10:09:14 Public comment.

10:09:15 You may come forward.

10:09:16 Anyone wishing to address council at this time may come

10:09:18 forward, please.

10:09:21 Come forward.

10:09:22 We are doing item 2 first.

10:09:24 >> Good morning.

10:09:27 Charlene white, West Spruce Street, former president of

10:09:31 the old West Tampa neighborhood association and

10:09:33 coordinator of the crime watch, and I'm here as a

10:09:36 concerned citizen, in support of the exemption, because

10:09:44 old West Tampa has long been put on the back burner,




10:09:49 overlooked, and it shouldn't be.

10:09:51 When we go to cities like St. Petersburg, Clearwater,

10:09:54 we can see as we walk along these old depressed areas,

10:10:00 and I think if this businessman is willing to be the

10:10:04 forerunner to start changes from Main Street to old

10:10:11 West Tampa, because of a concern about not just

10:10:16 pocketing fund for families for their inheritance but

10:10:21 for the community as a whole.

10:10:23 I have lived on Spruce Street since 1997.

10:10:29 Prior to that my aunt and uncle lived there, when there

10:10:33 were families that worked at the cigar factories and

10:10:36 clothing factories, and went to church together, and

10:10:39 they frequented these establishments.

10:10:43 We have other problems in old West Tampa that need to

10:10:45 be attended to.

10:10:46 This needs to go through, council members.

10:10:49 We have other problems.

10:10:50 We have stores where they have unofficial happy hours

10:10:56 with young people drinking, selling drugs, the whole

10:10:59 nine yard, and these things are being ignored.

10:11:05 I have been inactive for the past year in old West

10:11:08 Tampa but there's no way no one but myself sees these




10:11:13 issues.

10:11:14 The old 2100 block, there are issues, they have

10:11:17 problems there.

10:11:17 The young people, the youth who drive up and down Main

10:11:21 Street, since I have been there, I have never seen 300,

10:11:25 400, 200 people up and down our side street frequenting

10:11:29 the bar or any other establishment, unfortunately even

10:11:32 the churches don't get that much business.

10:11:34 So I submit to you that it's time for us to really take

10:11:38 a look at what old West Tampa needs.

10:11:41 And when I say old West Tampa, those of us who really

10:11:45 know West Tampa know where old West Tampa is.

10:11:48 And I'm not talking about Tampa International Airport

10:11:51 area

10:11:52 I'm talking about the area from Columbus drive over to

10:11:56 Kennedy Boulevard, and from North Boulevard to Armenia

10:12:00 Avenue.

10:12:01 This is old West Tampa.

10:12:03 These are old stomping ground for many, many people,

10:12:07 that build up the business of helping our small

10:12:10 businessmen and women to make a difference in old West

10:12:13 Tampa.




10:12:14 Thank you.

10:12:15 Have an awesome day.

10:12:18 >>THOMAS SCOTT: Thank you.

10:12:20 Next speaker?

10:12:21 Anyone else?

10:12:23 If you want to speak, please line up on the side of the

10:12:25 wall, please, if you are going to speak so we know.

10:12:27 >>MARTIN SHELBY: Mr. Chairman, I believe Mr. Robinson

10:12:34 hasn't been sworn.

10:12:36 >>THOMAS SCOTT: Anyone else that need to be sworn

10:12:38 that's going to be speaking?

10:12:41 (Oath administered by Clerk)

10:12:46 If you are really in favor, you don't have to speak

10:12:50 now.

10:12:50 You have a right to speak.

10:12:51 But if you are for it, you really don't have to speak.

10:12:56 If you are opposed to it, then maybe you want to speak.

10:12:57 >> Joe Robinson, 2330 Palmetto street, I have been in

10:13:01 West Tampa since 1962 before black folks could even go

10:13:05 there.

10:13:05 And I stayed in the Scaglione house.

10:13:08 I have been in West Tampa over 40-some years.




10:13:12 I have seen it up, down, up, down.

10:13:14 I have worked on just about every opportunity to

10:13:17 improve West Tampa.

10:13:19 The development man, the West Tampa revitalization

10:13:22 corporation, 1980.

10:13:24 The very first 501(c)3 nonprofit.

10:13:29 We have done a lot over there.

10:13:30 There's nothing wrong with this establishment.

10:13:34 This establishment is needed in the neighborhood.

10:13:36 This is a business.

10:13:40 Businesses are going out of business.

10:13:41 My business is down.

10:13:42 And I'm just a consulting engineering.

10:13:46 This business here is all about nothing.

10:13:47 It's about somebody that's got another beer and wine

10:13:52 license up at Texaco.

10:13:54 We need this in the black community.

10:13:56 This is -- I will be the first to tell you, we don't

10:13:59 want another alcoholic establishment in West Tampa if

10:14:02 it was necessary.

10:14:03 This is not the case.

10:14:05 This is in the right location.




10:14:07 It's in the commercial area on Main.

10:14:10 We are trying to bring it back.

10:14:11 We just got the station renovated so we are glad it's

10:14:20 renovated.

10:14:21 This is the location where you put an alcoholic

10:14:23 facility.

10:14:23 This is not something that's going to destroy the

10:14:26 neighborhood.

10:14:26 The residential is far away from this area.

10:14:30 It's Buford.

10:14:31 There's a fence up.

10:14:32 Even the man last time said he put a fence.

10:14:35 Well, he's got a fence to separate commercial from an

10:14:38 alley.

10:14:39 So I don't know why the people that just moved to West

10:14:42 Tampa, just moved in those homes that were built by

10:14:47 Intown, they just got there.

10:14:49 I have been there before half of the people of in this

10:14:51 room ever went there.

10:14:53 Okay.

10:14:55 Help development there.

10:14:56 And I would challenge anyone that are against it to




10:14:59 explain why, because you haven't been there long enough

10:15:01 to know what we need as a business.

10:15:03 And this is an alcoholic beverage place.

10:15:05 I believe it's okay in the right location.

10:15:09 It's got the zoning.

10:15:09 And I heard the police report say the police say we

10:15:14 don't need it, because there have been a lot of

10:15:17 incidents.

10:15:18 Sure, we are going to have people on Main.

10:15:23 So with that said, I'm here to support this petition.

10:15:26 I know you said don't get up, brother Scott, but I want

10:15:32 to say for all you guys that's leaving, you have done a

10:15:33 great job.

10:15:33 I respect you all.

10:15:34 And I want to see it you get back and stay in the game.

10:15:40 With that I ask City Council approve this.

10:15:42 >>THOMAS SCOTT: Thank you.

10:15:43 Next speaker.

10:15:44 >> Good morning.

10:15:45 Ruth McNair. I live in west -- 1121 west Nassau

10:15:52 street.

10:15:52 My family and I have been there will be 53 years this




10:15:56 coming May.

10:15:58 And I would like to say that I was looking at this on

10:16:05 the 17th of this month, and when I heard all of

10:16:08 these negative folks came that were asking for waivers,

10:16:13 five waivers, and there's a church there in the

10:16:17 neighborhood, and residents in the neighborhood, and

10:16:23 yet, I think it's really going to be a disaster,

10:16:29 because as the police officer was saying, officer

10:16:33 Miller was saying, there's not enough parking, and I

10:16:35 don't see where they can get any more parking in that

10:16:38 area.

10:16:38 And that's one of the things that I think is going to

10:16:40 be bad, where are they going to park in the

10:16:45 neighborhood.

10:16:45 Now, I would represent west riverfront but we are

10:16:49 working together on the West Tampa overlay.

10:16:51 So therefore I thought most of the neighborhood would

10:16:55 be working together for the safety and care of our

10:16:59 neighborhood.

10:17:00 And I just feel like it is not -- if they want to bring

10:17:04 a business, it's okay, but the alcohol, I think, we

10:17:09 don't want another Ybor City to come into our city.




10:17:12 And I have been in West Tampa for, like I said, 53

10:17:16 years, in the house that I live in this coming May, and

10:17:20 I have raised all of my children and my grandchildren

10:17:22 were born here in this city.

10:17:25 And so we are trying to make sure that we have a safe

10:17:31 neighborhood.

10:17:31 So I just think according to transportation, we are

10:17:35 against it.

10:17:35 I looked at it, like I said, on the 17th of this

10:17:38 month, and the transportation was not in favor of it,

10:17:41 and neither was the police department in favor of it.

10:17:43 So I am not in favor of this coming into our

10:17:48 neighborhood.

10:17:49 Thank you.

10:17:51 >>THOMAS SCOTT: Thank you, ma'am.

10:17:51 Next speaker.

10:17:52 >> Michael Randolph, 1803 North Howard Avenue.

10:18:01 I'm here today on behalf of the north park, the

10:18:09 northeast community, the new Baptist ministry for the

10:18:14 church itself, in opposition to the current request for

10:18:18 waiver for the following reasons.

10:18:20 First, we think it's going to have an adverse effect on




10:18:23 the community, and we already have a problem in West

10:18:30 Tampa.

10:18:34 People dumping bottles and things of that nature.

10:18:36 This quo decrease the effect on the community.

10:18:39 We also believe it would reduce the overall public

10:18:42 safety issue in West Tampa in that if you got more

10:18:46 people that are drinking you got more miss officers

10:18:48 that got to deal with their calls, and you have more

10:18:51 serious calls that they cannot deal with.

10:18:53 The other reason why we are in opposition to it is

10:18:56 because we think it's contrary to the West Tampa

10:18:59 economic development plan that was developed a while

10:19:04 ago, and we think it adversely effects that, and

10:19:15 currently trying to get in the West Tampa community.

10:19:18 We are not in opposition per se to liquor.

10:19:28 A community like West Tampa having four requests for

10:19:33 waivers, and in the community to dump business

10:19:41 establishments that normally any other community

10:19:43 wouldn't take.

10:19:46 We ask you to support the community, and vote against

10:19:50 this proposal.

10:19:51 Thank you very much.




10:19:52 >>THOMAS SCOTT: Next speaker.

10:19:54 Thank you.

10:19:54 >> Mike Benetta.

10:20:00 I'm the president of the old West Tampa neighborhood

10:20:03 association and the improvement league, in the 2115

10:20:08 West Spruce Street.

10:20:10 I'm one of the guys they are talking about that live in

10:20:13 the Intown home.

10:20:15 We are new to the neighborhood.

10:20:16 I have been there three or four years.

10:20:18 Several of us have been there longer.

10:20:20 We are the folks that you see on Saturdays out there

10:20:23 planting the trees and the flower beds and picking up

10:20:26 the trash and weeding the near beds up and down Howard

10:20:31 Avenue and Albany trying to improve the neighborhood.

10:20:38 The police department called me two days ago and asked

10:20:40 me if would come speak because they are concerned about

10:20:44 this bar expanding, and so that's one of the reasons

10:20:49 I'm here.

10:20:51 I sent out an e-mail to the neighborhood association,

10:20:53 and I got e-mails back from them with their concerns

10:20:57 about what's happening.




10:21:01 We have a bunch of young families in the neighborhood,

10:21:05 that some just had children.

10:21:08 One is pregnant now.

10:21:10 And their concern is that a bar that is going to have

10:21:15 450 patrons at 3:00 in the morning drunk, walking

10:21:19 around, and trying to get to their cars, is going to be

10:21:24 a neighborhood that we don't want to be in.

10:21:28 I know that they say that they have secured parking.

10:21:33 They secured it down Main Street.

10:21:35 They secured it down Howard.

10:21:39 I mean, they are basically spreading out 450 drunk

10:21:47 patrons at 3:00 on Saturday night in our neighborhood,

10:21:50 and it's not really what we are lag for in the

10:21:52 neighborhood.

10:21:54 We have been working hard trying to grow it.

10:21:57 And this is not the way we want to the grow it.

10:22:02 My neighbor across the street from me is a colonel in

10:22:05 the special forces, and he ride his bicycle from Spruce

10:22:10 Street down Albany to Main Street headed towards

10:22:15 MacDill, and he has an e-mail in here as well, and

10:22:20 I plan on giving you this packet so you can look at it.

10:22:25 About the trash and the broken bottles and stuff and




10:22:27 how hard it is for him to maneuver away from things

10:22:30 that will damage his bicycle tires.

10:22:35 It's just not the neighborhood that we are hoping for.

10:22:41 That's all I have to say.

10:22:44 >>THOMAS SCOTT: Thank you.

10:22:44 Next speaker.

10:22:44 >> My name is Brenda corn.

10:22:55 Excuse my voice.

10:22:56 I have a little laryngitis.

10:23:00 I am president of the Gulf view civic association and

10:23:04 garden club.

10:23:04 And we just found out about this, I guess, Friday, sent

10:23:09 e-mails out to all of our members, and the board

10:23:13 adamantly opposes approving the zoning.

10:23:16 While I sympathize with business people, southern

10:23:21 Baptist, when I go to the restaurant, my husband loves

10:23:24 his beer.

10:23:25 At the same time we do not see skipping the formal

10:23:28 process of going through City Council --

10:23:32 >>THOMAS SCOTT: Ma'am, ma'am, you are on the wrong

10:23:33 item.

10:23:34 That's item 1.




10:23:35 We are on item 2.

10:23:36 We are on the --

10:23:38 >> I am so sorry.

10:23:40 I am not in the loop of this.

10:23:42 Should I go back?

10:23:44 >> Yes, you can come back later.

10:23:45 >> And that's item 1 then?

10:23:47 >> Yes.

10:23:48 We will take that right up.

10:23:49 >> I asked somebody when I came on.

10:23:51 >>THOMAS SCOTT: We tabled item -- we are taking item 2

10:23:55 for the special use permit.

10:23:56 >> But this is special use permit, not the wet zoning.

10:24:00 >>GWEN MILLER: Right.

10:24:02 >> Thank you.

10:24:02 I apologize.

10:24:04 >>THOMAS SCOTT: That's okay.

10:24:04 Thank you.

10:24:07 Anyone else want to speak be? We are on item 2.

10:24:10 Whether you are in favor.

10:24:12 Anyone in favor or against may speak.

10:24:13 >> My name is Emanuel Bobby Wilson, I live at 2325




10:24:19 west -- street, have been here in opposition to the

10:24:25 expansion of the bar.

10:24:25 I am a new resident to old West Tampa.

10:24:27 I used to live up in Carrollwood.

10:24:29 And over four years ago purposely moved down to old

10:24:36 West Tampa because was a historical neighborhood, and I

10:24:38 wanted to be a positive influence on that neighborhood

10:24:42 in bringing in young professional blacks into that

10:24:48 neighborhood so that the youth in that neighborhood

10:24:51 could see really strong, positive growth, and I think

10:24:58 the expansion of the bar will bring in not a very

10:25:01 positive influence to that neighborhood.

10:25:03 It will expand the use of alcohol, expand parking, it

10:25:09 will greatly increase the litter, the crime, and very

10:25:14 negative influences on the youth in the neighborhood.

10:25:16 So I stand in opposition of that.

10:25:19 And I conclude my remarks.

10:25:21 Thank you.

10:25:25 >>THOMAS SCOTT: Next speaker.

10:25:25 >> Good morning, council.

10:25:30 I have not been sworn in.

10:25:33 Do I need to be?




10:25:35 >> anyone else that hasn't been sworn in?

10:25:39 Anyone else that hasn't been sworn in that needs to be

10:25:41 sworn in?

10:25:43 Please stand and be sworn.

10:25:44 (Oath administered by Clerk).

10:25:48 >> I do.

10:25:49 Okay.

10:25:50 My name is Joe McCann, 2114 West Waters Street, and I

10:25:55 am proud to say I am the first Intown home purchaser in

10:26:01 Ed Turanchik's in-fill West Tampa project over five

10:26:05 years ago.

10:26:06 This is a new day in West Tampa.

10:26:08 And I have a couple of comments to explain my

10:26:13 reasoning.

10:26:13 I'm opposed to the expansion of the nightclub in old

10:26:15 West Tampa.

10:26:16 This is the wrong type of business to grow in an urban

10:26:19 redevelopment area.

10:26:20 Over the past five years, there has been an intense

10:26:23 effort to revitalize the community with in-fill housing

10:26:27 and restaurants.

10:26:28 This is the type of progress that is needed in old West




10:26:31 Tampa.

10:26:33 I run a small architectural practice within old West

10:26:35 Tampa.

10:26:36 I'm worried that if a similar expansion are given to

10:26:39 night clubs, this will cause negative net effect on the

10:26:42 community with residents possibly relocating.

10:26:48 I too consider relocating my business.

10:26:53 Without proper mix of income levels and services, this

10:26:56 neighborhood will decline to what West Tampa once was

10:26:59 in the past.

10:27:01 And I question, what does expansion of alcoholic sales

10:27:06 to night club in an impoverished part of town have any

10:27:10 benefit to the community?

10:27:12 The council, I feel, has to decide what is more

10:27:15 valuable to sustain economic growth and produce great

10:27:18 neighborhoods and businesses that provide professional

10:27:22 services, or businesses that may attract bad behavior?

10:27:30 Thank you.

10:27:30 >> next speaker.

10:27:34 >> I'm here for -- it does a great service to the

10:27:50 community.

10:27:50 >> State your name are.




10:27:51 My name is Richard mills.

10:27:53 And I have been in the West Tampa area for 42 years.

10:28:00 I feel as though this helps my business, you know, and

10:28:09 other small businesses in the area.

10:28:11 People have to look good for the club.

10:28:15 They have to look good.

10:28:17 And to go to the club.

10:28:19 My business also, where I'm at on 1715 north Albany,

10:28:25 there's a lot of parking.

10:28:28 We park the cars there for the people at the club.

10:28:33 I mean, it's a lot of people.

10:28:35 It's almost like Ybor City.

10:28:40 I like the atmosphere it brings.

10:28:42 We sell barbecue and all kind of stuff out there, you

10:28:45 know.

10:28:46 We got people who come as peddlers, and they peddle

10:28:52 things.

10:28:52 I mean, those are small people trying to get somewhere

10:28:54 in life and trying to be something.

10:28:58 You have got other people who -- like the towing

10:29:06 company.

10:29:06 My building has that target sign for the towing




10:29:11 company, and the cops use that to exploit towing cars

10:29:16 away, so we had to push the target company away, take

10:29:21 the signs down and push them away from our business,

10:29:24 because that drains my business plus the business next

10:29:27 door, which is a restaurant for even making money,

10:29:33 because people was coming in saying that Mr. Such and

10:29:39 such had my car towed, the owner of the restaurant, and

10:29:44 the guy didn't have the car towed.

10:29:49 People drinking in the neighborhood.

10:29:50 I mean, depressed neighborhood.

10:29:54 People going to drink.

10:29:55 That's what they do.

10:29:58 How it is.

10:29:59 But some of the clubs, some of the clubs, you know,

10:30:03 atmosphere doesn't bring bad things all the time.

10:30:08 I mean, this club, young people do what they do, and

10:30:15 that's basically all I have to say.

10:30:18 I ask for you all --

10:30:24 >>THOMAS SCOTT: Thank you.

10:30:24 Next speaker.

10:30:29 >> My name is George Wild.

10:30:32 I present do not live in West Tampa, but I have a




10:30:35 couple of residences out there for my mother and

10:30:39 grandmother.

10:30:40 I was born and raised in West Tampa, so I know about

10:30:43 the business of West Tampa.

10:30:45 I taught school in West Tampa, some of those schools in

10:30:49 West Tampa like Blake and several others.

10:30:53 In terms of revitalization, in terms of what it is that

10:30:56 we need, in terms of West Tampa, again, most of my

10:31:00 family still lives there.

10:31:02 But this is a project that will help rebuild West

10:31:06 Tampa.

10:31:08 And I can't see how there are people who do not want to

10:31:11 rebuild Main Street.

10:31:14 You know, anybody who has some money or something that

10:31:17 wants to put something into West Tampa to make us come

10:31:21 back to the place where it used to be when I came up,

10:31:26 and we have people who are now saying that this is bad,

10:31:29 and we don't have this or that, you know, they must not

10:31:33 be looking around at all the empty buildings and stuff

10:31:36 out there in West Tampa.

10:31:37 And I know a couple of people that own some of those

10:31:39 buildings out there and they can't do anything with




10:31:41 them, because there's no business out there.

10:31:45 This guy is trying to help out.

10:31:46 He's been there for several years.

10:31:49 I'm not sure how he's been able to survive.

10:31:52 I have a business myself.

10:31:54 Not in West Tampa but I have a business.

10:31:56 I don't know how he's been able to survive with the low

10:31:59 turnout and stuff.

10:32:01 So he's trying to put some money out there and he's

10:32:03 trying to do something in West Tampa, and we have

10:32:05 people who said that they don't want that to happen?

10:32:08 I can't see it.

10:32:09 Thank you.

10:32:09 >>THOMAS SCOTT: Thank you.

10:32:10 Next speaker.

10:32:11 >> Mr. Chairman, members of council, good morning.

10:32:18 I actually was here for item number 1, but I know the

10:32:24 petitioner associated with this item.

10:32:26 Thus I felt compelled to stand before you just to share

10:32:30 with you that whenever you hear someone coming before

10:32:33 you who is willing to make an investment and willing to

10:32:42 plow back into a business those resources to make it




10:32:46 more attractive, make it a positive experience, it's

10:32:51 something that I think council in this consideration of

10:32:55 this matter ought to give some weight to.

10:32:59 Secondly, when you look at what's being proposed, you

10:33:05 have a petitioner and an owner who isn't someone who is

10:33:10 here today and gone tomorrow.

10:33:11 I have known him most of my life, and his business

10:33:17 involvement has always been hand on.

10:33:21 In a neighborhood like West Tampa, where my dad owned a

10:33:24 pharmacy on the corner of Main and Albany, some 35, 40

10:33:29 years ago, when Main Street was thriving, there was a

10:33:35 mix, and that mix meant for those who live in the

10:33:38 surrounding community, it was a community because those

10:33:41 owners had an investment that they were there to

10:33:44 protect and to encourage the best for the community,

10:33:49 not just that anything goes.

10:33:52 So I ask that as you consider this petition before you

10:33:54 this morning, keep in mind that you have someone before

10:33:58 you who is asking to make an investment in an area

10:34:03 where many are now volunteering to do so.

10:34:06 I think that willingness and that capacity should be

10:34:10 recognized, and hopefully you will give it due




10:34:13 consideration.

10:34:13 >> State your name for the record.

10:34:15 >> My name is Bob Morrison.

10:34:19 >> Thank you.

10:34:20 Next speaker.

10:34:20 >> Good morning.

10:34:25 My name is Rosalyn Valencia, I live at -- do I have to

10:34:30 give my address?

10:34:31 I live at 2907 cord street.

10:34:37 I grew up in West Tampa.

10:34:38 My grandmother lived there for 47 years in the same

10:34:42 apartment on Main Street.

10:34:43 She used to walk to the store.

10:34:48 I am opposed to this because we need to renew our

10:34:51 minds.

10:34:52 We are always looking for someone else to come up, step

10:34:55 up and invest in the community and do more.

10:34:58 This place has been there for a long time, and people

10:35:02 have been sat outside.

10:35:04 When you drive down the street, during day or night,

10:35:07 they sat outside drunk.

10:35:14 And we do not need an establishment like alcohol.




10:35:18 They are getting rich.

10:35:21 People are hopeless there.

10:35:23 They are hopeless, and they are going to go toward

10:35:27 alcohol because that's the closest place.

10:35:29 When you put your children down the street, and you see

10:35:32 all of this, then how are you teaching them?

10:35:35 You are teaching them that, oh, we the owner is going

10:35:41 to do this, the owner has made his money, and if he

10:35:43 wanted somewhere to go in expansion, if he was going to

10:35:46 really invest in our neighborhood, or any neighborhood,

10:35:49 he would invest in education, he would invest in

10:35:54 basketball, wherever they play, the Jim.

10:35:58 That's an investment.

10:35:59 An investment is not selling more liquor and expanding.

10:36:04 See what he would say if it was expanding in his

10:36:07 neighborhood.

10:36:08 Thank you so much.

10:36:08 >>THOMAS SCOTT: Petitioner?

10:36:13 >> David Mechanik, 305 South Boulevard, Mr. Chairman,

10:36:19 council members.

10:36:20 I'll be brief.

10:36:21 I would just like to reiterate some of the testimony




10:36:24 and evidence we presented at first reading in response

10:36:27 to the comments from some of the folks here today.

10:36:35 There is, I think, an expression of concern about

10:36:37 people congregating outside, and that this would

10:36:39 enlarge the number of people who might be doing that.

10:36:42 Well, first of all, my client, Mr. Jordan, doesn't

10:36:45 control what happens outside the bar.

10:36:49 But the expansion will allow him to accommodate more

10:36:51 people to come indoors into the bar in a controlled

10:36:56 environment.

10:36:57 And I think you have heard that Mr. Jordan exercise as

10:36:59 great deal of control in running the business and

10:37:02 keeping people under control within the establishment.

10:37:07 But furthermore, at the recommendation of Tampa police,

10:37:11 we are adding off-duty police officers sufficient to

10:37:14 accommodate the crowds that will be entering the

10:37:18 premises, and this was at the recommendation of TPD.

10:37:22 And I would like to clarify for the record, they did

10:37:24 not object to this special use application, not

10:37:29 whatsoever, and they were kind enough to work with us

10:37:33 to recommend the off-duty police office towers maintain

10:37:37 that control.




10:37:39 Regarding the parking, we submitted analysis of the

10:37:43 first reading here, and we showed there is adequate

10:37:47 parking during the evening hours, when of course you

10:37:50 would have additional parking demand, within the

10:37:55 immediate neighborhood, both on the street as well as

10:37:57 business establishments which are not occupied during

10:38:00 the evening hours.

10:38:02 In addition, we showed that a significant number of the

10:38:07 customers are traveling there by foot, and therefore

10:38:11 the parking requirements are not nearly as great as

10:38:14 what the city code might have suggested.

10:38:16 I would like to just remind council that it is within

10:38:19 your authority to grant a waiver to the parking under

10:38:25 circumstances such as these.

10:38:26 Finally, I would just like to reiterate what Mr.

10:38:30 Morrison just said.

10:38:31 There are very few people in the last several years

10:38:33 have come forward expressing a desire to make a

10:38:38 significant investment in any part of the City of

10:38:40 Tampa.

10:38:42 This particular area is in perhaps greater need than

10:38:46 some others within the city, and we believe that it's




10:38:50 appropriate to allow a small businessman such as Mr.

10:38:53 Jordan to be able to do so.

10:38:55 He will be able to improve the premises, improve the

10:38:59 safety in the area with the approval of this request,

10:39:03 and we thank you very much for your consideration.

10:39:06 >>THOMAS SCOTT: Any questions by council?

10:39:09 Motion to close?

10:39:12 >>CHARLIE MIRANDA: I have a legal question for our

10:39:13 attorney.

10:39:14 Within 72 hours, we'll have a majority of members that

10:39:18 are not here today.

10:39:22 Under the rules, unless I'm mistaken, if a member in

10:39:26 the presiding side or the victorious side wants to be

10:39:31 change his or her mind, how can a member who is not

10:39:35 here today do that?

10:39:40 Thereby will be no member here on the presiding side or

10:39:44 the victorious side.

10:39:47 I'm framing this question as hypothetical.

10:39:49 >>MARTIN SHELBY: Hypothetically, if I can

10:39:52 understand -- and please forgive me.

10:39:56 >>CHARLIE MIRANDA: On the affirmative side.

10:39:57 >>MARTIN SHELBY: What you are having today is a second




10:39:59 reading and adoption.

10:40:00 The matter ultimately should be resolved by this

10:40:03 council today.

10:40:05 You have a full council present.

10:40:07 You have the opportunity to make a determination either

10:40:10 for the petitioner to approve or you have an

10:40:17 affirmative vote even if you take the opposite action

10:40:23 And finally, this is quasi-judicial.

10:40:27 There is no reconsideration.

10:40:30 And what happens then is normally council loses

10:40:33 jurisdiction after its vote on second reading.

10:40:37 What happens at this point obviously, as you know under

10:40:40 the charter, it still requires the mayor's signature,

10:40:44 whoever the mayor is, in the time period that they have

10:40:48 to decide what to do.

10:40:49 And if you like, we can talk about that, but that's

10:40:52 outside your question.

10:40:53 Ultimately, in order for this to be effective, the

10:40:55 mayor needs to sign it or allow a certain period of

10:40:58 time -- I believe it's 14 days -- after which it would

10:41:02 take effect.

10:41:03 Irrespective of what the mayor does, council loses




10:41:06 jurisdiction.

10:41:08 >>THOMAS SCOTT: Other questions?

10:41:08 Motion to close, please.

10:41:12 >>CHARLIE MIRANDA: Second.

10:41:12 >>THOMAS SCOTT: No.

10:41:13 >>GWEN MILLER: Move to close.

10:41:17 >>THOMAS SCOTT: Okay, moved and seconded.

10:41:18 All in favor?

10:41:19 Opposes?

10:41:19 What's the pleasure of council?

10:41:22 >>GWEN MILLER: You have to read the ordinance.

10:41:23 >>THOMAS SCOTT: Councilman Caetano?

10:41:26 >>JOSEPH P. CAETANO: Excuse me, Mr. Chairman.

10:41:31 Do you want me to read the ordinance?

10:41:34 >> It's on the agenda.

10:41:34 >>JOSEPH P. CAETANO: An ordinance being presented for

10:41:37 second reading and adoption, an ordinance repealing

10:41:39 ordinance 3280-A, approving a special use permit S-2

10:41:44 for alcoholic beverage sales, large venue and making

10:41:47 lawful the sale of beverages containing alcohol

10:41:49 regardless of alcoholic content, beer, wine and liquor,

10:41:53 4(COP), for consumption on the premises and in sealed




10:41:56 containers for consumption off the premises on that

10:41:59 certain lot, plot or tract of land located at 2112,

10:42:03 2116, 2118, 2122, 2124 and 2312 west Main Street,

10:42:11 Tampa, Florida, as more particularly described in

10:42:13 section 3 hereof, providing for repeal of all

10:42:16 ordinances in conflict, providing an effective date.

10:42:19 And this includes all the waivers and paperwork that's

10:42:23 coming from Ms. Coyle, I believe.

10:42:26 >>MARTIN SHELBY: All the conditions required have been

10:42:29 met?

10:42:33 >>GWEN MILLER: Second.

10:42:37 >>CHARLIE MIRANDA: Mr. Chairman, I am not going to be

10:42:38 supportive of this.

10:42:39 And he can tell you that this neighborhood changed.

10:42:41 I can tell you by the testimony that we heard this

10:42:44 morning, good people came back to the neighborhood from

10:42:48 within the City of Tampa that had moved out to be role

10:42:52 models for younger kid.

10:42:54 That's what this neighborhood really needs.

10:42:56 To do this in a much larger venue -- and this is not

10:43:01 about the petitioner or the presenter or the lawyers or

10:43:04 the groups of people that are for it -- they are good,




10:43:06 honorable people.

10:43:07 There's nothing wrong with that.

10:43:09 This is about a location, about a time and place in

10:43:11 history.

10:43:12 When you are making these types of changes, in a

10:43:15 location, that is changing for the better, I might say,

10:43:21 and you are going to do this, what happens in the

10:43:23 future?

10:43:24 When the location has to have six off-duty police

10:43:28 officers in negotiation with the police department, do

10:43:31 you think they are going to be serving iced tea?

10:43:34 I don't think so.

10:43:36 You think there are going to be people in the streets,

10:43:38 a little on the tipsy side?

10:43:40 I believe so.

10:43:41 This location is not the right place.

10:43:45 This is a typical example of an area that needs help,

10:43:50 that are crying for help, and we will not be able to do

10:43:52 that in the passage of this ordinance.

10:43:55 It is not compatible with the surrounding neighborhood

10:44:01 that wants to become not only business friendly, but

10:44:05 neighborhood protection.




10:44:07 They need help, all of us need help.

10:44:11 The old West Tampa area is an area that's prime for

10:44:16 success.

10:44:16 Things are coming to help in that area, and in through

10:44:19 that neighborhood, such as the former V.A. hospital

10:44:26 still in the works and one day will be a reality.

10:44:29 These things are happening, and we cannot stop good

10:44:32 people from coming in and doing the right thing.

10:44:35 And, again, this is not anything, reflection on the

10:44:40 owner or petitioner.

10:44:42 It's the location.

10:44:44 The need to understand that we have got to help instead

10:44:48 of create an ambience that's not fulfilling to the

10:44:52 future.

10:44:53 Thank you, Mr. Chairman.

10:44:53 >>MARY MULHERN: Thank you, Mr. Chairman.

10:44:55 I can't support this either.

10:44:56 And I just agree with Mr. Miranda and just want to

10:45:01 point out specifically the waivers that they are asking

10:45:05 for.

10:45:08 Reduction in distance separation from 1,000 feet to 74

10:45:12 for other establishments selling alcoholic beverages,




10:45:16 reduction from 1,000 feet to 61 for institutional uses.

10:45:20 We have got a church there.

10:45:31 Reduction from 1,000 to 207 feet for residential uses.

10:45:34 There's several residential, and it is a residential

10:45:37 neighborhood.

10:45:39 And also I think the most troubling thing here is

10:45:43 reduction of parking spaces from 164 to 55.

10:45:50 And our transportation staff found this inconsistent,

10:45:52 and we have not heard that there has been additional

10:45:56 parking secured anywhere near more than the 100 spaces

10:46:06 that they have.

10:46:11 This is really inconsistent both with the historic --

10:46:15 the goals of this historic neighborhood that they set

10:46:18 over many, many years, and we have heard that.

10:46:21 We have also heard about the trends with young people

10:46:26 and professionals moving into the neighborhood.

10:46:28 We heard from an architect.

10:46:29 We have heard from a restaurant owner.

10:46:32 And we heard from families that want reinvestment and

10:46:35 want more jobs and businesses in this neighborhood.

10:46:38 But a more intense nightclub is I don't think what the

10:46:44 people living there are looking for.




10:46:46 And I think they have worked hard for years for this.

10:46:49 So I think, you know, we want to be business friendly,

10:46:54 but we also want to create and revitalize neighborhoods

10:46:57 to be the best that they can be.

10:46:59 And a bar that's going to be so much more intense, it's

10:47:06 not compatible, and I think there's enough opposition

10:47:11 to it from the people who live there that I'm not

10:47:15 comfortable with granting the waivers, and I don't

10:47:18 believe that it meets the general standards of ensuring

10:47:23 public health, safety and welfare.

10:47:25 We have heard that there have already been problems

10:47:27 there, that is compatible, and I worry about setting a

10:47:37 precedent, that as many people said they don't want

10:47:40 this to be another nightclub district, another Ybor

10:47:42 City, or another SoHo.

10:47:45 And I think because of the lack of parking, the control

10:47:47 of potentially adverse effects generally is not there.

10:47:52 >>THOMAS SCOTT: Well, at the first hearing I raised a

10:47:57 lot of questions relative to two issues.

10:47:59 One was the agreement worked out were the Tampa Police

10:48:05 Department.

10:48:06 They gave their approval based on the formula for




10:48:10 additional officers.

10:48:12 That's number one.

10:48:12 Number two, I raised the issue about the parking.

10:48:15 It's my understanding that Mr. Knight is working with

10:48:18 the petitioner in terms of the parking.

10:48:19 Now, let's be clear.

10:48:21 The business already exists.

10:48:23 This is not a new establishment.

10:48:26 It is already there.

10:48:27 The second thing you have got to understand -- and

10:48:29 please understand, I don't drink.

10:48:32 I don't frequent night clubs.

10:48:34 But I'm not opposed to anybody who does that, okay?

10:48:40 I don't advocate it on Sunday mornings.

10:48:43 But I don't do it.

10:48:46 But the interesting thing is -- and do you understand

10:48:54 Main Street be? This is a business district where it's

10:48:57 located.

10:48:58 And you have the barbecue, you have the barbershop

10:49:03 there, you have the bar there, all along that whole

10:49:07 Main Street stretch.

10:49:08 It's a business district.




10:49:09 And it was historical for years as well as Central

10:49:14 Avenue, those who were here, so it is not that.

10:49:17 This is something new.

10:49:19 This is already there.

10:49:21 The second thing is, the third thing is the

10:49:26 neighborhood is further away, even Intown homes.

10:49:30 They are not right adjacent to this property.

10:49:32 They are further down from here.

10:49:34 So I think with the additional Tampa Police Department

10:49:41 there, and the agreement, working with Mr. Knight for

10:49:46 the additional parking, and as a business district to

10:49:50 satisfy what we are trying to accomplish here today.

10:49:54 I will tell you, I'm fresh off the campaign trail.

10:49:58 All I heard was about support for small businesses.

10:50:03 They are dying.

10:50:04 And they we need jobs.

10:50:09 That's what I heard the last year.

10:50:11 Okay.

10:50:15 >>YVONNE CAPIN: Thank you, chairman.

10:50:17 I also agree.

10:50:19 It is an existing business.

10:50:21 It is there.




10:50:23 That permit is already there for the lounge.

10:50:30 My understanding is, he is proposing to expand and

10:50:34 remodel and add to his business.

10:50:40 Therefore, it is not new.

10:50:44 It is not something being brought in new.

10:50:47 It has been there.

10:50:47 And it is part of the business district there.

10:50:56 Therefore, I just wanted to reiterate my understanding

10:51:01 of what we are doing here today.

10:51:03 Thank you.

10:51:04 >>THOMAS SCOTT: One other thing and then we'll take our

10:51:06 vote.

10:51:06 It is interesting, remember when we had the issue with

10:51:10 you Lincoln gardens -- you all remember that?

10:51:14 We had an issue with Lincoln gardens.

10:51:17 And I fought hard against that, because the setback was

10:51:21 zero, right next to the neighborhood, and it passed.

10:51:26 Record your vote.

10:51:31 >>CHARLIE MIRANDA: Every location is different.

10:51:32 Lincoln Gardens did not have a 4(COP).

10:51:35 Thank you very much.

10:51:35 >>THE CLERK: A vote did not register.




10:51:46 Motion carried with Miranda and Mulhern voting no.

10:51:48 >>THOMAS SCOTT: Okay.

10:51:51 Thank you very much.

10:51:52 We'll move to item number 1.

10:52:03 Does staff want to come?

10:52:46 >>CATHERINE COYLE: Land Development Coordination.

10:52:47 This is the second reading for the proposed change to

10:52:49 the alcohol beverage classification regulation.

10:52:51 I wanted to go back through briefly with some of the

10:52:57 comments that I think were made earlier, as well as

10:52:59 just to reiterate what these rules basically change.

10:53:04 The first thing I want to clarify is that, just to make

10:53:09 a point of it, because it came up earlier in

10:53:12 conversation, a special use permit versus a wet zoning.

10:53:16 I want to be clear there is no such thing as wet

10:53:18 zoning.

10:53:19 This special use permit for alcoholic beverages was

10:53:22 changed in 2008.

10:53:24 It has been a special use permit for several years now.

10:53:28 And this is purely for education of the public.

10:53:30 If you see a special use permit, you need to look and

10:53:33 see what the use is.




10:53:34 This is for alcoholic beverage sales, then it's a

10:53:38 special use permit for alcohol, just like the previous

10:53:40 application that you just heard.

10:53:44 What we found through the changes, through the research

10:53:48 that was done -- and this started with the very first

10:53:51 motion in August 2009 by City Council for us to look at

10:53:55 our alcoholic beverage regulations.

10:53:57 So almost two years ago.

10:54:00 A little over a year and a half.

10:54:01 They set a workshop October 22nd of 2009 which was then

10:54:06 moved to January 28, 2010.

10:54:09 We had limited discussion at that point.

10:54:11 It was moved to March 25th where we had our first

10:54:14 workshop with City Council on the research that was

10:54:16 done by the legal department at that time to really

10:54:22 examine our regulation versus the other jurisdictions

10:54:26 in the state.

10:54:27 What we found -- and we provided a copy of that to City

10:54:32 Council at that time, and we had at every workshop

10:54:35 since.

10:54:35 What we found in reviewing approximately 30 to 35

10:54:38 different jurisdictions was that the City of Tampa is




10:54:44 either the most restrictive or among the most

10:54:47 restrictive jurisdictions in the state for alcohol.

10:54:51 And just as an example, city of Sarasota, city of

10:54:59 Bradenton, Orlando, Gainesville, many of the larger

10:55:02 cities around the state, as well as those within close

10:55:05 proximity to us, even looking at Hillsborough County,

10:55:08 the county in which we sit, all of those jurisdictions

10:55:12 allow alcoholic beverage sales, whether incidental to a

10:55:16 primary use, looking at a 1 APS or 2 APS license

10:55:21 classification from the state for package sales with

10:55:24 convenience store, shoppers goods, larger scale hotels,

10:55:29 bowling alleys, and certain types of restaurants.

10:55:32 All are allowed at administrative level with no

10:55:35 distance separation.

10:55:37 However, in comparison, the City of Tampa requires all

10:55:40 alcoholic beverage special use permits to come to City

10:55:43 Council as an S-2 for public hearing with 1,000

10:55:49 distance separation for specified uses.

10:55:52 That was the first run of just looking at how we

10:55:55 compare in the state and the way that we regulate.

10:55:58 The second piece of this was City Council asked us to

10:56:01 conduct public information workshops.




10:56:05 We invited the general public, and we held those

10:56:09 information workshops on May 19th and June 2nd

10:56:12 of 2010.

10:56:13 We held them here in City Council chambers from 6 p.m.

10:56:16 to 8 p.m.

10:56:17 And we went over.

10:56:19 We started with the comprehensive plan.

10:56:22 And this is the vision map that is at the very

10:56:27 beginning of the comprehensive plan, which identifies

10:56:33 the basic components, the planning district, urban

10:56:38 villages, mixed use corridor villages and so on.

10:56:43 This is a visual representation of all of those, and

10:56:47 within the comp plan, included are goals, objectives

10:56:50 and policies which guide the future of development and

10:56:54 growth of the city.

10:56:55 There are T planning districts themselves are five

10:56:58 events.

10:56:59 There's the central Tampa district, Westshore, USF, to

10:57:03 the north, there's New Tampa, and South Tampa.

10:57:07 There are approximately nine urban villages located in

10:57:10 the darker colors.

10:57:12 The three dark blue locations are the business centers.




10:57:16 There are three within the City of Tampa.

10:57:18 All connected by the brown lines which are the mixed

10:57:23 use corridor villages and transit corridors.

10:57:26 That's where the major lines for the bus system.

10:57:31 We looked at the policies and the goals that lie

10:57:33 underneath those components and we presented that to

10:57:37 the public as well as City Council through the

10:57:42 workshops that we had with you, and what we found were

10:57:45 essentially three themes across all the jurisdictions

10:57:49 being reviewed.

10:57:50 We found three themes looking at geography, use,

10:57:55 requested and separation.

10:57:57 I'm looks at these particular themes and how they are

10:58:00 applied in the rest of the state.

10:58:01 We looked at our comprehensive plan and the underlying

10:58:04 goals and objectives and policies, which really call

10:58:07 out, as I mentioned on the map, looking at the business

10:58:14 centers, those three blue areas.

10:58:18 I'll show you again.

10:58:19 USF, Westshore in blue, and downtown.

10:58:24 The policies listed here call for a mixed use

10:58:27 development and enhanced retail viability, development




10:58:30 of business centers, mixed use centers and

10:58:34 pedestrian-friendly streets, economic opportunity to

10:58:38 establish business sent certifies important.

10:58:40 Neighborhoods regional destinations and activity

10:58:43 centers.

10:58:43 The next component was the urban villages, which also

10:58:46 call for mixed use development that works for the

10:58:49 character of the village, creates a vibrant community

10:58:51 setting, integrating different classifications of uses,

10:58:55 commercial and residential, and sustained development,

10:58:57 and preferred over single-use projects.

10:59:00 Mixed use corridor villages, again which are the brown

10:59:05 lines that basically connect the grid through the city.

10:59:17 Of that includes both horizontal and vertical providing

10:59:21 medium and higher density, plus demand for retail and

10:59:25 services, and finally the transit and transit stations,

10:59:28 also the mixed use development.

10:59:29 When we looked at the definition of mixed use

10:59:32 development, also embedded within the comp man, and I

10:59:38 reiterate for the public at-large as well as the

10:59:41 audience and City Council, the comprehensive plan is a

10:59:43 plan for the city.




10:59:45 It tells us where we are going to go over the next 20

10:59:48 years.

10:59:49 It's adopted by City Council.

10:59:50 It is reviewed through the public process.

10:59:52 And it spells out exactly the steps that we are

10:59:54 supposed to take.

10:59:56 Both for capital improvements and longer range visions

10:59:59 of how to transform certain areas of the city.

11:00:01 You will notice at the top of the page the neighborhood

11:00:04 classifications that we have.

11:00:06 Urban neighborhood, Channelside, Harbor Island, and

11:00:09 downtown, traditional neighborhood, Hyde Park, Ybor

11:00:12 City, Tampa Heights and so on, all the way down to

11:00:14 rural neighborhood, which we have one that was annexed

11:00:17 just a couple years ago.

11:00:20 The definition in chapter 10 in the comprehensive plan

11:00:22 for mixed use development talks about vertical mixed

11:00:25 use, attached, or horizontal mixed use detached.

11:00:30 The gist of these three definitions is you will have a

11:00:33 mixture of both general and intensive commercial uses

11:00:37 immediately adjacent to or mixed in the unified

11:00:40 development with residential, and it's not just




11:00:42 commercial.

11:00:43 Could you also have other types of institutional uses

11:00:45 as well.

11:00:46 So within those particular areas of the city that are

11:00:49 called out -- and this goes back to the geography --

11:00:54 the business centers, the urban villages, which are

11:00:56 typically in the core of the city, as well as the mixed

11:01:00 use corridor villages, are anticipated over a 20 year

11:01:05 horizon to have a very vertical and horizontal

11:01:08 intensive mixed use development character,.

11:01:12 We are anticipated to have almost 200,000 people within

11:01:15 the next 20 years come into the city according to the

11:01:18 comprehensive plan.

11:01:20 They have to have a place to go.

11:01:21 The second theme -- the first theme was geography.

11:01:29 The second one looked at use.

11:01:31 And that's whereby we did look at the other

11:01:33 jurisdictions including, as I mentioned, Orlando,

11:01:36 St. Petersburg, Sarasota, Hillsborough County,

11:01:39 Fort Myers, Jacksonville, Miami.

11:01:42 Virtually all of them allowed a certain level of uses

11:01:46 to have alcohol by right without distance separation,




11:01:50 so long as they met certain criteria.

11:01:54 The third thing was looking at distance separations.

11:01:57 And there are distance separation requirements within

11:02:00 other jurisdictions.

11:02:01 Even the ones that I mentioned.

11:02:02 And they are for specific circumstances, if certain

11:02:06 conditions are met or if they are in a certain section

11:02:11 of cities or county.

11:02:14 From the meetings we held May 19, June 2nd and the

11:02:17 public workshops at City Council we came back on June

11:02:20 24 to report back to you to acknowledge what we found

11:02:23 in those meetings.

11:02:24 We included what were several letters and e-mails from

11:02:30 the various people that did come, and you had people

11:02:34 attend the June 24th meeting as well, and we

11:02:37 relayed all of that information to City Council.

11:02:39 We also talked again about the license classifications

11:02:42 of the state, and how looking at the rules that we

11:02:46 have, and how they compare to the rest of the state,

11:02:48 also how they align with the state regulations, because

11:02:52 there are some discrepancies in some of the

11:02:54 classifications that can be difficult to understand, if




11:02:58 it's granted here what it really means at the state

11:03:00 level.

11:03:01 We are looking at trying to streamline a lot of those

11:03:04 processes and a lot of those definitions which are

11:03:07 included in this regulation as well.

11:03:09 With that, I will go to the regulation that's before

11:03:16 you.

11:03:16 And what I want to specify to you again, clarify for

11:03:19 the audience and City Council, currently alcohol

11:03:24 applications that come in for special use permits

11:03:26 require 1,000-foot distance separation, and all of them

11:03:29 come before City Council for public hearings.

11:03:31 And that is everything from a Publix that wants to sell

11:03:35 beer and wine to Marriott hotel that wants to have a

11:03:39 small bar to the local convenience store that may be on

11:03:42 Howard, Armenia, MacDill, wherever it is that's 800

11:03:46 square feet and wants to sell beer and wine.

11:03:48 Every different type of application like that comes

11:03:50 before City Council.

11:03:53 They all pay the exact same fees, all go through the

11:03:56 exact same process.

11:03:58 Through those workshops, looking at how the other




11:04:00 jurisdiction as round the state regulated alcohol,

11:04:03 listening to all the feedback we got from council and

11:04:05 from the public that attended the meetings, we took

11:04:11 several uses that were widely and generally accepted

11:04:14 from those conversations, ones that we found some sort

11:04:17 of consensus on, and we set those aside, and we said

11:04:21 these particular types of uses, such as a hotel with

11:04:26 100-plus rooms, that one in particular listed as

11:04:29 potentially having a special use 1 being approved

11:04:32 administratively, for a couple of different reasons.

11:04:36 One, the hotel, 100-plus rooms, has a specific license

11:04:41 that they can acquire from the state.

11:04:43 That's the minimum threshold to obtain a special hotel

11:04:45 license from the state.

11:04:48 The criteria that we have established for that listed

11:04:53 on page 10 is that it must be -- sales must be incident

11:04:58 dental to a hotel with is hundred-plus rooms.

11:05:00 They are only allowed with hotels at 100-plus rooms

11:05:03 that acquire the S license from the state.

11:05:06 That way we have some level of dual enforcement.

11:05:09 We can piggyback our code enforcement or TPD efforts

11:05:11 with ABT enforcement.




11:05:14 There's no south outdoor amplified music permitted and

11:05:17 no sales within the parking area or loading areas.

11:05:20 The second one that was widely and generally accepted

11:05:22 was a bowling alley with 12-plus lanes.

11:05:25 And the reason for the 12-plus lanes is very similar to

11:05:28 a hotel with 100 plus rooms.

11:05:30 The 12-plus lanes is also the minimum threshold for the

11:05:33 SBX license which is a special bowling alley license

11:05:37 from the state.

11:05:37 So again we'll have a dual enforcement with the state.

11:05:40 Sales can only be incidental to the 12-plus lanes.

11:05:44 No outdoor amplified music and no sales within the park

11:05:47 being and loading area.

11:05:48 You can see some of these criteria area establish a

11:05:51 similar theme between accepted uses.

11:05:54 The third, shoppers goods, convenience, gasoline, and

11:05:58 specialty retail.

11:06:01 Those sales can only be incidental to those particular

11:06:04 uses, shoppers goods, your grocery stores, your

11:06:07 Publixes, the larger grocery stores, convenience,

11:06:12 gasoline and specialty retail.

11:06:14 The only classifications that they are permitted to




11:06:17 apply for under an administrative application is beer

11:06:21 or beer and wine package.

11:06:24 If they want liquor package, it can only be incidental

11:06:28 to a shoppers goods, to a grocery store, so you will

11:06:31 never have a situation where you have a gasoline

11:06:33 station or convenience store within one of the major

11:06:38 corridors coming in for a package liquor store.

11:06:42 That would come to City Council in this scenario.

11:06:45 Only those can only sell beer, or beer and wine.

11:06:49 And again, sales are not allowed to be located within

11:06:51 parking or loading areas.

11:06:54 The fourth one, bar, lounge and nightclub, and this is

11:06:58 only within the central business district.

11:07:01 So I want to clarify, only within the CBD, those land

11:07:05 that actually have a zoning classification, CBD,

11:07:08 central business district, that runs from 275 down to

11:07:11 the channel, and from Meridian to the river.

11:07:14 It's literally only the central business district.

11:07:16 They are not allowed to have outdoor amplified music

11:07:19 after 1:00.

11:07:20 There can be no more than three of these types of uses

11:07:24 administratively approved within one city block.




11:07:26 The fourth one that comes in comes to City Council.

11:07:30 And they may not be located with any parking or loading

11:07:33 areas.

11:07:34 The fifth one is a special restaurant, which we have

11:07:37 added a very specific definition for as well.

11:07:39 The hours of operation for an administrative approval

11:07:43 for a special restaurant are 11 p.m. Sunday through

11:07:46 Wednesday, and 1 a.m. Thursday through Saturday.

11:07:50 There are two exceptions that were permitted for that

11:07:53 rule by City Council.

11:07:55 The first one is the Westshore business center.

11:07:58 That was added on transmittal in October.

11:08:02 And the original one that was there was the central

11:08:04 business district.

11:08:06 Everywhere else in the city, if you wanted an

11:08:08 administrative approval, you clogs at 11 and 1.

11:08:12 11 p.m. Sunday through Wednesday, 1 a.m. Thursday

11:08:14 through Saturday.

11:08:19 The sales can be only be in conjunction with a

11:08:21 state-issued restaurant license.

11:08:24 The X license from the state is very restrictive.

11:08:28 You have to have 4,000 square feet and 100 feet.




11:08:31 That is controlled by a special act.

11:08:33 That is actually sits on top of Hillsborough County.

11:08:36 In order to get that special restaurant license in all

11:08:39 of Hillsborough County, you have to have 4,000 square

11:08:42 feet of occupiable area and you have to have 100 feet

11:08:46 on-site so the restaurants that fit know that category

11:08:49 are typically your TGI Fridays, your -- well, Bennigans

11:08:54 isn't in that example.

11:08:55 But those types of restaurants, Outback and so on.

11:08:58 The next one, the outdoor amplified music, no outdoor

11:09:02 amplified music is allowed after 11 p.m. in these

11:09:05 particular establishments, unless it's within a

11:09:07 large-scale commercial development of 500,000 square

11:09:10 feet or more, and that 500,000 square feet does not

11:09:14 include residential or office space. The only

11:09:17 establishments that we have, IKEA is a commercial

11:09:23 establishment but it only has about 350,000 square

11:09:25 feet.

11:09:26 So they would not qualify for a special restaurant

11:09:28 permit.

11:09:30 That is the largest stand-alone big box store that we

11:09:33 have in the city.




11:09:34 The only establishments that really meet this would be

11:09:37 your typical malls, international and Westshore.

11:09:42 And also sales area may not be located within parking

11:09:45 and loading facilities.

11:09:49 From there, if you are not one of the uses that meet

11:09:52 the criteria that I have just listed -- again, hotel of

11:09:56 100-plus rooms, bowling alley, 12-plus lanes, shoppers

11:10:00 goods, gasoline, specialty retail limited to beer and

11:10:04 wine package only, liquor only to a grocery store, a

11:10:09 bar, lounge or nightclub within downtown only, and only

11:10:13 limited to three per block, a special restaurant with

11:10:15 very limited hours with the exception of downtown and

11:10:18 Westshore, also your state licenses for restaurant.

11:10:22 If you are not one of those particular classifications,

11:10:26 all other alcoholic beverage applications will still

11:10:29 come to City Council, as a special use 2, requesting

11:10:33 any types of waivers that may be needed, to distance

11:10:37 separation, any one of the criteria that I just

11:10:39 mentioned.

11:10:41 As way of example, the application, the application

11:10:46 preceding was this, was for a bar and liquor store.

11:10:52 That still, even under this regulation works come




11:10:54 forward to City Council with public notice.

11:10:58 If you are processing as a special use 2, the distance

11:11:01 separation requirements are as follows.

11:11:04 If you are within the business center, of Westshore or

11:11:08 USF area, you are required 250 from residential uses.

11:11:14 250 feet.

11:11:15 If you are within the urban villages, which are on the

11:11:20 map as well, you are required 250 feet from all other

11:11:23 alcoholic beverage establishments.

11:11:24 That's the limit of concentration basically one per

11:11:27 block face along the commercial corridors.

11:11:30 If you are along one of the mixed use corridor villages

11:11:33 it's 250 feet from residential uses and 250 feet from

11:11:36 other establishments, alcoholic beverage

11:11:39 establishments.

11:11:40 Again, the 200 feet -- 250 feet from residential which

11:11:45 typically will be triggered -- as you know, residential

11:11:48 is typically adjacent to the commercial -- as well as

11:11:51 the 250 feet from other establishments, a limit

11:11:56 basically one per block face along these corridors.

11:11:58 All other areas in the city, which there's a lot of

11:12:00 other areas of the city not covered by those, which is




11:12:05 essentially everything you see in yellow, this flesh

11:12:12 color, all other areas of the city retain 1,000 feet,

11:12:16 1,000-foot distance separation from residential,

11:12:19 institutional and other alcoholic beverage

11:12:21 establishments.

11:12:21 That still remains.

11:12:23 If you are within, as I said, any one of these fleshy

11:12:28 yellow-colored areas, not within a defined business

11:12:31 center, or urban village, or along a specific corridor,

11:12:34 and the corridors are actually widely spaced anywhere

11:12:39 from 1 mail to 2 miles apart.

11:12:41 About every major corridor in the city.

11:12:43 When you are processing as an S-2, there are additional

11:12:47 criteria, even beyond just the distance separation,

11:12:51 bar, lounge and nightclub, maintain 1,000 feet from

11:12:54 residential institutional and other alcoholic business

11:12:57 establishments with the exception of downtown.

11:12:59 That's no outdoor amplified music, unless you are

11:13:03 within a large scale commercial development like a

11:13:05 mall, and no sales of the parking and loading area.

11:13:09 As a special use 2 coming before City Council,

11:13:12 restaurants that don't specifically meet the criteria




11:13:16 listed before, the state license, limited hours of

11:13:18 operation, those sales also may not occur within the

11:13:21 parking and loading areas, and they come forward to you

11:13:24 for whatever waivers they need for parking and

11:13:26 distance.

11:13:27 And if they want to sell in the parking lot.

11:13:31 Large venue and small venue are the two classifications

11:13:34 we have currently, and those are the catch-all

11:13:36 classifications based on occupant load, either 299 or

11:13:40 less persons occupant or more than 299.

11:13:44 If you are a large venue, these conditions stay the

11:13:46 same under current code.

11:13:48 You must have a full kitchen.

11:13:50 If you don't have a full kitchen, you have to specify

11:13:53 security plan, a parking plan.

11:13:55 If you are within certain districts of the city.

11:13:58 For purposes of this section, a full kitchen means that

11:14:00 it actually has commercial burners, ovens, refrigerator

11:14:04 units and so on, on-site.

11:14:06 Sales are not to be located in the parking or loading

11:14:10 facilities.

11:14:11 And small venue is a catch-all for everything else. If




11:14:14 you are not one of those six specific uses called out

11:14:17 for very specific criteria, and you are not a

11:14:20 restaurant or bar that processes to City Council you

11:14:23 fall under either large venue or small venue, for any

11:14:27 other classification, City Council will consider that

11:14:29 small venue, as well as the 1,000-foot separation, or

11:14:32 the other distance separation criteria I mentioned.

11:14:34 They also would not be allowed to sell within the

11:14:36 parking or loading area.

11:14:39 The changes before you show identical regulations for

11:14:43 all the use tables from the generic use table, table

11:14:46 4-1 which covers the range of commercial districts,

11:14:49 commercial general, CI, IGIH, as well as within Ybor

11:14:53 City, downtown and the Channel District.

11:15:00 The definitions that we did enhance specifically

11:15:05 because of a lot of the information, a lot of feedback

11:15:08 that we got from these public information workshops as

11:15:11 well as discussions with City Council, that highlight

11:15:13 the definition of restaurant, and the concern that

11:15:17 restaurants essentially shut their kitchens down and

11:15:20 become bars late at night.

11:15:22 The definition for restaurant was changed, is proposed




11:15:24 to be changed, to an establishment whose principal

11:15:28 entice serving and selling food to the customer for

11:15:31 immediate consumption on or in the vicinity of the

11:15:33 premises or take-out by customers, who shall be

11:15:37 continuously ready to be prepared, sold during all

11:15:41 business hours for restaurant use, should be

11:15:45 appropriately licensed as a restaurant in the State of

11:15:50 Florida.

11:15:52 We all of the language we could find in state statutes

11:15:55 referring to restaurant-type classifications.

11:15:59 This language is very similar to what's contained in

11:16:00 the state statute and how those business establishments

11:16:03 are regulated for license purposes.

11:16:06 So we wanted to make sure we were consistent with that

11:16:08 type of requirement, and also potentially have some

11:16:12 type of dual enforcement along with the state.

11:16:15 If there's any license issues with the restaurants or

11:16:17 public food service establishments, like that they are

11:16:21 issuing and someone is violating our definition as

11:16:22 well, it's where we could potentially bring the state

11:16:25 in and help us enforce that particular establishment.

11:16:30 We also included definitions for nightclub, which we




11:16:33 had never had before, just to clarify what that use is.

11:16:37 It is an establishment that may include a restaurant or

11:16:40 bar component, and wherein paid hired-for-compensation

11:16:45 floor shows or other forms of paid entertainment

11:16:48 including but not limited to deejays and live bands are

11:16:51 provided for customers as part of the commercial

11:16:51 enterprise.

11:16:52 We looked at many nightclub definitions throughout the

11:16:54 state, highlighting two of the ones in South Beach,

11:17:00 Miami-Dade, Broward County, as well as some others that

11:17:02 have these types of uses, and also looked at some of

11:17:05 the language in the state statute, and thought we

11:17:08 captured that pretty well.

11:17:09 As I said, we had never really defined them before.

11:17:12 So with the definition, that's where all the

11:17:14 regulations basically start.

11:17:16 You define that use, and then you are better able to

11:17:20 regulate it.

11:17:20 There are some additional changes, just some clean-up

11:17:23 items for the remaining language that are already in

11:17:26 the definition section.

11:17:30 I will reserve any time I have left.




11:17:31 I manual there will be some questions from council and

11:17:33 some comments from the public that I would like to

11:17:36 readdress, if anything is not understood, or needs to

11:17:38 be clarified.

11:17:39 >>THOMAS SCOTT: Any questions?

11:17:47 >>MARY MULHERN: Yes.

11:17:47 I have a question.

11:17:48 And you are going to have to kind of generalize for us,

11:17:51 I think.

11:17:53 >>CATHERINE COYLE: Okay.

11:17:54 >>MARY MULHERN: But what cost saving based on this

11:18:02 city's fees and the costs from -- directly from the

11:18:06 city do people -- would people get from changing some

11:18:10 of these S-1s or -- S-2s to S-1s?

11:18:16 >> The application fee is 2015 and change.

11:18:20 I can't remember the exact change.

11:18:21 The application costs for a nonresidential use for S-1

11:18:25 is $865 and change.

11:18:27 So you are looking at about 1100.

11:18:33 >>MARY MULHERN: Okay.

11:18:35 >> And then the time difference, just so you know, for

11:18:39 full adoption of a special use 2, it is approximately




11:18:43 three to three and a half months.

11:18:48 The special use 1 application is a 30-day permit.

11:18:51 >>MARY MULHERN: And if the three to three and a half

11:18:55 months, is there any way we could reduce that and still

11:19:00 have the public hearing, public notice?

11:19:06 >>CATHERINE COYLE: Right now when you look at our

11:19:07 schedule, it is nine weeks between application date and

11:19:10 first public hearing.

11:19:12 And there's an additional three weeks generally for a

11:19:15 second reading from City Council, and then the signing

11:19:18 by the mayor of the ordinance.

11:19:19 That really is what adds to the additional time.

11:19:22 An application to public hearing is approximately nine

11:19:24 weeks.

11:19:25 There is a 30-day requirement.

11:19:27 >> Why does Vermont to be nine weeks?

11:19:29 >> We do include development review meeting with staff,

11:19:33 which we do for all special uses and for rezonings.

11:19:37 We send it out for comments from the development review

11:19:39 staff.

11:19:40 They send those comments back within two weeks.

11:19:42 And then we hold a meeting so that we can tell the




11:19:44 person upfront these are the issues we have with the

11:19:47 site plan.

11:19:48 We try to work out before.

11:19:49 >> Do you do that development review for S-1s?

11:19:54 >> Yes.

11:19:54 We actually send comments out, yes.

11:19:56 We generally will have a meeting if we need one, if

11:19:59 there are serious issues with the site plan.

11:20:01 >>MARY MULHERN: So part of the process is the same?

11:20:04 The difference is the two public hearings, right?

11:20:08 >> The public hearing process does take longer, yes.

11:20:11 >>MARY MULHERN: Is that the difference between the

11:20:13 time?

11:20:16 >>CATHERINE COYLE: There's also a 30-day notice

11:20:18 requirement prior to the public hearing.

11:20:19 >>MARY MULHERN: 30 days prayer to each public hearing?

11:20:25 >> Prior to the first public hearing, a 30-day notice.

11:20:27 We do, the way that we schedule things is the

11:20:31 application is certified, and we route it to the city

11:20:34 clerk for publication, and we do have to give it to the

11:20:37 city clerk, usually a week or two in advance.

11:20:40 >> So we can change -- if the fees were less for the




11:20:50 S-2, that's really -- that sound like where the biggest

11:20:54 chunk -- the cost to people.

11:20:59 I know people are making this argument about how costly

11:21:02 it is.

11:21:02 But I think if we have some room there, and we also

11:21:09 have some room to speed up the process, and I also

11:21:14 think that it's not necessarily -- it's got to be a

11:21:21 longer process if you are going to have it would be

11:21:23 public hearings, I agree.

11:21:24 But there may be -- I think there might be some room to

11:21:27 speed it up a little bit if we needed to.

11:21:29 >>THOMAS SCOTT: Any other questions?

11:21:32 Okay, public testimony at this time.

11:21:34 Those who wish to address council may come forward,

11:21:36 please.

11:21:38 All persons wishing to speak, please line up and come

11:21:41 forward at this time.

11:21:43 State your name and address for the record.

11:21:45 >> I have not been sworn.

11:21:48 I understood the swearing was for number 2.

11:21:51 Sorry.

11:21:51 >>THOMAS SCOTT: You don't have to be sworn for this.




11:21:54 >>MARTIN SHELBY: This is legislative.

11:21:55 >> My name is bill warman, west Cleveland street,

11:22:02 member of the Bob Bon Air neighborhood board.

11:22:06 And I didn't get any notification, so I must be missing

11:22:11 something somewhere.

11:22:12 I didn't see this on in review so I'll find out how to

11:22:19 do that better because it's obviously my fault that I

11:22:21 don't have it.

11:22:22 Since this was new to me on Friday, in our meeting we

11:22:25 had a discussion, our main concern was notification

11:22:27 about this.

11:22:29 We happen to think that the system can be streamlined.

11:22:32 For example, in the last four or five years, there's

11:22:34 probably been five or six applications that came before

11:22:37 City Council.

11:22:39 We didn't come down and no one asked us -- we weren't

11:22:42 opposed to them and we supported them.

11:22:46 So we would like to know about it.

11:22:49 And if there's an issue with it, we would like to then

11:22:53 bring it to council.

11:22:53 Otherwise, we have no need to come here and do these

11:22:56 things and save you time.




11:23:00 So I the staff did a wonderful job explaining this, by

11:23:04 the way.

11:23:05 And I don't think we have any major issues with it

11:23:08 other than that.

11:23:09 We would like to have the notification, and we would

11:23:11 like to have 30 days to respond back to say we object.

11:23:16 Chances are we are not going to.

11:23:18 There's been one in the last seven, eight years that we

11:23:21 have objected to.

11:23:22 And we would like to be heard.

11:23:24 The other thing I would like to point out, I heard

11:23:28 earlier on item number 2 about alcohol use and so

11:23:31 forth.

11:23:34 The last time I looked, Dade County versus Hillsborough

11:23:37 County had half the DUIs -- half of this county.

11:23:44 So there must be something going on here that's not

11:23:47 going on in other parts of the state.

11:23:50 That's a concern in terms of authorizing alcohol

11:23:54 consumption of any kind, at least from my standpoint.

11:23:57 So I would ask you to maybe think a little bit about

11:23:59 that.

11:24:01 Our only concern is whatever this is, because I thought




11:24:04 it was a great presentation -- is that we not notify,

11:24:08 because there could be a reason we would want to talk

11:24:10 to you about it.

11:24:11 And other than that we are fine with it.

11:24:15 I have a recommendation that would say just give us 30

11:24:17 days notice and let us respond.

11:24:18 If no one responds in the city, why would you even want

11:24:23 to come before council?

11:24:24 Maybe there's other reasons the city wants to do that.

11:24:27 Seems to me it would just save council's time.

11:24:30 Thank you for your time.

11:24:31 And I would like to give these notes to the city.

11:24:35 >> Good morning again.

11:24:41 Michael Randolph, 1803 North Howard Avenue.

11:24:47 We stand in opposition to part of the waiver that's

11:24:52 coming before you.

11:24:53 I think that residents throughout Tampa would feel

11:24:58 somewhat deprived if you take away one public hearing.

11:25:05 They need an opportunity to voice their concerns.

11:25:07 And it's not all related to one person, but the whole

11:25:13 city council, pros and cons, related to this particular

11:25:17 matter, and we ask City Council keep in mind if, you




11:25:23 know, the community's sense of empowerment, before the

11:25:30 City Council that could affect their community, and we

11:25:39 ask that you at least have one public hearing in which

11:25:42 the community can get an opportunity to voice their

11:25:45 concern, and having you decide as opposed to one

11:25:52 person.

11:25:55 Thank you.

11:26:02 >>YVONNE CAPIN: The gentleman from Bon Air, I'm sorry

11:26:05 that are you left but I will make this statement.

11:26:07 On February 21, my office notified every neighborhood

11:26:12 leader that was registered, that was listed on the

11:26:15 registry.

11:26:16 So Bon Air was listed on the registry.

11:26:19 They received a notice from my office on February 21.

11:26:26 Just for the record.

11:26:26 >>THOMAS SCOTT: Thank you.

11:26:28 >> Good morning again.

11:26:31 And I would like to say God bless America that we can

11:26:34 come here and oppose.

11:26:36 It's a great country.

11:26:38 Now, my concern --

11:26:40 >>THOMAS SCOTT: Your name for the record, please.




11:26:41 >> Rosalyn Valencia. 2907 cord street.

11:26:48 My concern was having secondary venues come before one

11:26:54 person is that we all know that there has to be

11:26:57 accountability.

11:26:58 The next thing is that why is it that every time it

11:27:05 comes to alcohol or some other thing that we don't need

11:27:11 in our neighborhood, it's given the go ahead and

11:27:17 expansion,, and I would think that the City of Tampa

11:27:24 police department and all the policemen would be very

11:27:26 concerned about this.

11:27:27 Again, because now you are telling us that these

11:27:31 secondary venues -- and we all know that we have these

11:27:35 convenience stores and others that come into the

11:27:37 neighborhood, that go and sell liquor.

11:27:39 Now they don't have to jump over the hoops.

11:27:41 Most of them have just learned to respect the people in

11:27:43 their neighborhood when they come into their store.

11:27:46 They are not giving out jobs to us.

11:27:49 But what is happens happening is our children are

11:27:53 getting the liquor.

11:27:54 The people that commit crimes now, they can go in

11:27:58 freely.




11:27:58 You pass this ordinance, you are just saying, here.

11:28:02 Why are we going backwards instead of forward?

11:28:05 I understand that we need businesses, and I understand

11:28:08 that's a lot of you own businesses.

11:28:11 But we have to look at the neighborhood in which we

11:28:14 live.

11:28:14 People have a bag of liquor or bag of can of beer or

11:28:19 whatever.

11:28:20 Nobody objects to somebody else drinking B.but we do

11:28:23 object when you are going to walk around a neighborhood

11:28:25 with it, when the stores are going to give it to you,

11:28:29 when these people are there, what investment have they

11:28:32 made in the neighborhood so far?

11:28:34 I know a couple of stores been there a long time.

11:28:36 They haven't made an investment.

11:28:38 Their investment is in themselves and their people or

11:28:40 themselves and their families.

11:28:42 And I just think it's really a shame that -- we are

11:28:47 different from Davis Island.

11:28:48 Okay.

11:28:49 We are different from Davis Island, because in these

11:28:53 neighborhood, there are people who are hopeless, they




11:28:56 are destitute, and they are lacking hope.

11:28:59 Now, what has hand, have the powers that be given up on

11:29:03 them?

11:29:03 Or are you justifies giving them this liquor to calm

11:29:08 them so you won't have to be worried about them

11:29:10 complaining until somebody kills somebody or robs

11:29:12 somebody, because liquor is there?

11:29:16 And these stores are going to sell it and they are

11:29:18 going to go to one person, and it's not a perfect

11:29:22 system anyway, but when one person and not the full

11:29:25 council -- and when the public cannot have input in it,

11:29:29 then there's going to be a problem when you have ten

11:29:32 people or six people.

11:29:33 But one person, no, that's not right.

11:29:35 So I'm here speaking for our neighborhood, to protect

11:29:39 them from the laws, because we are always talking about

11:29:42 businesses.

11:29:43 Businesses know before the public knows the plan and

11:29:48 what's going to happen.

11:29:49 They have already screened it.

11:29:51 Now the public knows, and we have got a short time to

11:29:54 get our head together and a lot of the public, like




11:30:00 they do in voting, it's not going to make a difference.

11:30:04 But I am going here to tell that you it does make a

11:30:06 difference.

11:30:06 (Bell sounds)

11:30:09 And I for one will bring it to my neighborhood.

11:30:13 I don't have to be standing up here.

11:30:15 >>THOMAS SCOTT: Thank you, ma'am.

11:30:17 >> But thank you so much.

11:30:20 Good bless America.

11:30:21 >>THOMAS SCOTT: Thank you.

11:30:21 Next speaker.

11:30:22 >> Brenda --

11:30:31 I am a member of and live in Gulf View and member of

11:30:34 the Gulf view civic association.

11:30:36 And staff did an excellent job, by the way, of

11:30:39 explaining the real reason I'm here today.

11:30:41 So thank you for doing that.

11:30:44 I'm here really to share with you the importance that

11:30:48 we feel as a neighborhood, streamline it to just make

11:30:56 it a better process, but neighborhood friendly.

11:31:00 And our neighborhood is unique in that we are one alley

11:31:02 away from commercial, one alley away, and I know 250




11:31:10 feet would come before the board, but it wouldn't have

11:31:13 helped us perhaps with the Walgreen's zoning which is

11:31:17 two and a half Walgreens, two and a half blacks away

11:31:20 from us, three granddaughters, preschool.

11:31:23 You know, it would have passed.

11:31:28 My business and office is right next door to

11:31:30 Walgreen's, and that's something we are always having

11:31:33 to pick up bottles of trash as it is, and be if there's

11:31:36 a liquor license next to Walgreen's, and without this

11:31:42 S-1 streamline would have passed and they would have

11:31:44 had their liquor license.

11:31:46 We have issues in our neighborhood.

11:31:47 We are a city of great neighborhoods, and that's what

11:31:52 has made Tampa wonderful.

11:31:55 We want to keep that and have -- I'm a sixth

11:31:58 generation, or my grandchildren are, in South Tampa.

11:32:02 I have watched it sprawl.

11:32:04 And we are business-friendly.

11:32:07 Like I said, I work right next to my neighborhood.

11:32:14 We supported one of our restaurants recently to use a

11:32:18 parking lot that backs right up to our other

11:32:20 residences, because he did the right thing by putting




11:32:23 trees and making it a park, and restrictions.

11:32:27 However, we wouldn't have that control if this

11:32:29 streamline process comes about.

11:32:33 I think the gentleman who says one public hearing is a

11:32:37 great suggestion.

11:32:38 I think in the day of e-mails and mass communication,

11:32:43 maybe we don't all have to show up here probably, you

11:32:45 know, do things online, shorten the process in other

11:32:50 ways.

11:32:50 But we are opposed to it.

11:32:52 And our community and our board.

11:32:59 Thank you.

11:32:59 >> My name senior Patricia Torres.

11:33:08 I'm a 52 resident of Gulf view neighborhood.

11:33:12 And I'm also on the board of the association.

11:33:15 However, I come today as a private individual.

11:33:18 And I feel that Mr. Miranda made a very eloquent case

11:33:23 for why we should not be streamlining it and why it

11:33:27 should stay as it is.

11:33:29 And I agree with him 1,000 percent, and with Ms.

11:33:34 Mulhern as well.

11:33:35 To me, we shouldn't be ashamed of the fact that we have




11:33:39 stricter codes than Miami and some of these other

11:33:43 places.

11:33:45 When it comes to alcohol sales we should be very proud

11:33:47 of the fact that we have this among the most

11:33:51 restrictive ordinances and what have you.

11:33:55 And I don't think that being an American in living in

11:34:01 society that we should ever do anything that gives up

11:34:03 the public's right to come and voice their opinions if

11:34:07 they are opposed or even if they are in favor of.

11:34:09 And just a very basic democratic right, and I certainly

11:34:14 support that.

11:34:15 I hope you will think about these things, and not vote

11:34:17 for this ordinance.

11:34:19 Thank you very much.

11:34:19 >>THOMAS SCOTT: Thank you.

11:34:22 Next speaker.

11:34:22 >> Good morning.

11:34:26 Harry Edges, 57 pamora, Tampa.

11:34:32 I heard from the community. I moved to Tampa in 1971,

11:34:37 and I went to St. Petersburg first, and I said, let's

11:34:40 see, which one of these cities is going to be ahead of

11:34:43 the game?




11:34:43 I moved to Tampa.

11:34:45 If you go into downtown St. Pete and look at the light

11:34:53 that the residents and the restaurants and clubs have

11:34:57 made in that community, and that creates a lot of jobs.

11:35:02 That's where your jobs are.

11:35:05 The process that we have gone through in the past to

11:35:10 get a liquor license can take as much as six months.

11:35:15 I understand with today's technology, e-mails,

11:35:21 et cetera, you can get the word out faster.

11:35:23 But when you are talking about holding up an operation

11:35:25 for six months to get a liquor license in your

11:35:29 approvals, we have gone through the process before.

11:35:33 Okay, you can have the restaurant.

11:35:36 Oh, but you have to be open 60 days and then we can let

11:35:39 you have a cafe out front.

11:35:41 I mean, that's archaic.

11:35:44 And other communities move much quicker.

11:35:48 If you take a look at some of the other cities in the

11:35:50 country, what has made the communities the communities

11:35:56 are the small mom-and-pop restaurants, hotels, and

11:36:00 bars.

11:36:02 In the 80s, we decided that we should have 4,000




11:36:06 square feet.

11:36:07 That's when you could have a lying license.

11:36:09 So we wanted the big box stores.

11:36:11 That took away a lot of the personality and a lot of

11:36:14 the character.

11:36:15 Time is money.

11:36:17 I support this move.

11:36:20 I commend the work that the city has done to speed up

11:36:23 the process.

11:36:24 And hope you will support this.

11:36:27 Thank you.

11:36:27 >>THOMAS SCOTT: Thank you.

11:36:33 >> Bob Morrison.

11:36:39 I'm before you this morning on this matter as the

11:36:42 Executive Director of the Hillsborough County hotel and

11:36:44 motel association.

11:36:47 We would first like to make our initial comment is to

11:36:50 thank staff for their willingness to exam the unique

11:36:56 nature of this industry that I'm here representing.

11:37:02 Our association membership collects over 92% of all

11:37:05 hotel revenue in Hillsborough County.

11:37:07 Over 95% of our hotels are located in inside the City




11:37:10 of Tampa.

11:37:12 The streamlining that you are referencing, and that

11:37:16 staff has brought forward, does recognize the fact that

11:37:20 these hotels that are above 100 rooms do have to get

11:37:24 state licensing in order to be able to open.

11:37:28 Secondly, when you look at members that so often, we

11:37:35 don't have a public face, if you will, so when our

11:37:41 neighborhood come forward, there's the misimpression or

11:37:44 misunderstanding that perhaps our hotels aren't members

11:37:47 of this community as well.

11:37:49 They truly are partners in so many ways.

11:37:53 When I tell you that each property averages over

11:37:58 $1.5 million in taxes, not counting property tax, it's

11:38:04 not just not showing up, in this time of economic

11:38:11 downturn, did you know that there were hotels actually

11:38:14 had an increase in property taxes?

11:38:16 Because every time that, in our industry, every three

11:38:19 to five years, there's an increase, or a reinvestment

11:38:23 in terms of fixture, furniture and equipment.

11:38:26 So our overall tax bill doesn't decline.

11:38:31 Many of our properties actually experience an increase

11:38:35 in the tax contribution to our community as a whole.




11:38:39 That's number one observation, that we appreciate that

11:38:42 streamlining because it does recognize that

11:38:44 relationship.

11:38:46 Secondly, we think the central business district and

11:38:47 Westshore do stand as unique settings, and we

11:38:52 appreciate the fact that the proposed matter before you

11:38:57 does recognize that unique status, and allows for your

11:39:01 staff, you as a body, to be able to recognize and to

11:39:06 treat those a little differently, because of how they

11:39:10 are currently postured in our zoning and land use

11:39:13 regulations.

11:39:14 Thank you so much for the time.

11:39:15 And we appreciate the opportunity to come before you.

11:39:17 >>THOMAS SCOTT: Thank you.

11:39:19 Next speaker.

11:39:20 Anyone else?

11:39:21 >> That's a hard act to follow with that nice voice.

11:39:31 [ Laughter ]

11:39:32 First of all, I would like to thank you for all the

11:39:34 years of service that you have given to the community.

11:39:38 My name is sue LYON, in case you don't know.

11:39:43 I'm not here today representing T.H.A.N., because we




11:39:46 did not have time to have been take a vote on this.

11:39:49 And part of the problem is we have changed things.

11:39:52 We worked with Cathy and moved here and moved this, so

11:39:57 it's not clear exactly what this is doing to us.

11:40:02 What we see is that it has taken away our ability to

11:40:06 talk to you.

11:40:11 You have been our friend and partner in helping the

11:40:13 City of Tampa become a better place over the years.

11:40:16 And we don't want that relationship to end.

11:40:20 We can take away the S-2 zonings.

11:40:24 I used to call them wet zoning.

11:40:27 And I stand corrected.

11:40:29 But it takes away something from the neighborhoods.

11:40:32 Over the years, we noted that that's when the neighbors

11:40:36 come out.

11:40:37 If there's a new restaurant coming to their

11:40:39 neighborhood, they want to know what's happening.

11:40:42 They want to be involved.

11:40:44 And the reason we have gotten all these regulations

11:40:47 that they are starting to put in is because the

11:40:50 neighbors have come out over the years and spoken on

11:40:52 it.




11:40:53 We want to know what's going on.

11:40:58 If it's in poorer neighborhoods, sometimes they don't

11:41:01 want a convenience store there, because people stand

11:41:04 around and drink and party.

11:41:07 And I remember when we worked to keep them from having

11:41:10 a telephone in the parking lot.

11:41:13 Nowadays, everybody turns to cell phone cafe.

11:41:19 So it's not that we are totally opposed to anything.

11:41:23 We just want to be know what's happening.

11:41:25 We want to be involved.

11:41:26 We want notices.

11:41:27 And the cost is still a lot because the city, with

11:41:33 these regulations, they have to go through all the same

11:41:37 work-up to approve it on their own as they do to bring

11:41:40 it to the you.

11:41:42 So if there's a way to streamline it like Mary said,

11:41:46 maybe that's the way to do it.

11:41:47 But at this last minute before you all go, we are

11:41:52 scared.

11:41:53 We don't like this.

11:41:54 It seems like it's being rushed through.

11:41:56 And I know we have been working on it for years.




11:41:59 I always a say it takes ten years in the city to change

11:42:02 anything, to build a road, to do anything.

11:42:04 So at the last minute on a Tuesday morning, you all are

11:42:09 making a major change.

11:42:10 And we would appreciate it if you didn't.

11:42:13 Thank you very much.

11:42:14 >>THOMAS SCOTT: Thank you very much.

11:42:18 >>YVONNE CAPIN: I would like to ask you a question.

11:42:20 Did you attend any of the public information workshops

11:42:23 in May or June?

11:42:25 >> Yes, I did.

11:42:26 I'm here all the time.

11:42:32 >>YVONNE CAPIN: Okay.

11:42:32 Thank you.

11:42:32 >> Thank you for your question.

11:42:35 >>THOMAS SCOTT: Thank you very much.

11:42:35 And it's been my pleasure, Sue.

11:42:41 Thank you for coming each time.

11:42:44 Thank you.

11:42:45 >>MARGARET VIZZI: 213 South Sherrill.

11:42:48 Very quickly because I don't want to use my time, but I

11:42:51 too thank you for your service to us.




11:42:53 The other thing, however, is just to clarify the man

11:42:56 who he was concerned about notice of the hearing today.

11:43:00 He talked to me outside before.

11:43:03 That's what he wags referring to.

11:43:05 But as Sue just said, that's a close balance between

11:43:09 neighborhoods and business.

11:43:11 And alcoholic use is a great concern.

11:43:15 You heard from the neighborhood in West Tampa this

11:43:17 morning and their concerns.

11:43:21 And some of the changes that are being proposed would

11:43:23 not give residents the opportunity to come down and

11:43:28 speak to you on the issues.

11:43:31 The convenience store/other goods example, as I

11:43:37 understood, for example, there was one selling flowers

11:43:40 and one who was a beauty parlor that came and got wet

11:43:43 zonings, do they have to have the 51-49% sales?

11:43:49 Or can they in deed -- and I know it's beer and wine,

11:43:52 but can they indeed sell more liquor than they can of

11:43:57 the other stuff that they sell?

11:44:01 You know, even the closing times.

11:44:03 I remember at those workshops -- yes, I was there -- we

11:44:07 talked about no outdoor music after 11:00 but it came




11:44:11 out, it's no amplified outdoor music.

11:44:15 That's a big difference.

11:44:16 There's still muss he can out there.

11:44:19 From what I understand, the singer could have a

11:44:21 microphone.

11:44:21 Because -- I don't know.

11:44:24 That's what I have been told.

11:44:26 We need that answered.

11:44:27 Because even 11:00, up to have Wednesdays, for example,

11:44:32 and Thursday nights, people have to gob to work and

11:44:35 school the next day.

11:44:37 In these restaurants that would be very close to

11:44:38 residential, they would be effected because they could

11:44:42 be very close.

11:44:45 And now to jump to the Westshore, and I'll hand you

11:44:50 some letters from basically seven, because the man who

11:44:53 just spoke to you from Bon Air, Gray Gables area, he

11:44:57 basically is within that time so he also falls within

11:45:04 the business district, and they could be affected by

11:45:06 what happens in the Westshore business district.

11:45:10 We have great concerns.

11:45:14 They want to close at 3 a.m.




11:45:16 They don't want the 1:00 closing.

11:45:19 Downtown is totally separated from residential

11:45:24 neighborhoods.

11:45:26 There's a river and bay that separates them.

11:45:31 But we who live right around and abut or are surrounded

11:45:37 by the Westshore business district have a great

11:45:39 concern.

11:45:39 They also are not included in the additional security

11:45:45 that downtown has to have.

11:45:47 I don't know why that happened.

11:45:49 But they are not included in that additional.

11:45:54 And then the other thing is now the two malls want to

11:45:58 have the amplified music if they have the restaurants

11:46:03 or these venues till 3 a.m.

11:46:05 Well, the Westshore neighborhood faces directly across

11:46:12 from Westshore.

11:46:13 We in the Beach Park neighborhood are across, but

11:46:19 amplified usage till 3 a.m. carries, I can guarantee

11:46:22 you.

11:46:23 (Bell sounds)

11:46:24 So please, if you pass the rest of this, do not include

11:46:27 Westshore as an exemption.




11:46:30 It would be totally unfair to these neighborhoods there

11:46:34 who are very concerned about this, and I will hand you

11:46:39 the letters from those.

11:46:41 >>THOMAS SCOTT: Thank you, Ms. Vizzi.

11:46:42 Let me just say to everyone, I would suggest at 12:00

11:46:47 this meeting will be over.

11:46:48 You will lose a quorum, and that will be the end of it

11:46:52 so be cognizant of that.

11:46:54 People behind that want to speak, and be aware of that.

11:46:56 But at 12:00 we will be leaving.

11:46:58 We will be adjourning.

11:47:00 This is my final meeting.

11:47:02 And as the chairman of this council.

11:47:07 Some of you are probably glad.

11:47:09 But this is it.

11:47:11 This is it.

11:47:14 Just be aware.

11:47:15 Okay, Mr. Bentley.

11:47:16 >>MARTIN SHELBY: I'm sorry, Mr. Bentley has given me

11:47:26 four names.

11:47:31 Separate sheets.

11:47:33 The last name is Pikell.




11:47:36 And you spend not to speak, correct?

11:47:38 You intend not to speak?

11:47:41 Thank you.

11:47:41 And Wendy Ahlers.

11:47:43 Did I say that right?

11:47:45 Thank you.

11:47:45 Ron Alexandria?

11:47:51 And Ashley fill snips you intend not to speak, correct?

11:47:55 You waive your time.

11:47:56 That will be four additional minutes, Mr. Chairman.

11:47:59 >>THOMAS SCOTT: So that's a total of seven minutes.

11:48:00 Okay.

11:48:00 But, again, Mr. Bentley --

11:48:03 >>MARK BENTLEY: I don't intend to use that.

11:48:07 >>THOMAS SCOTT: But being fair to other people in line

11:48:09 here --

11:48:10 >> I understand.

11:48:11 Good morning, Mr. Chairman, my name is Mark Bentley,

11:48:14 201 North Franklin Street, Tampa.

11:48:16 I present the Florida petroleum marketers and

11:48:19 convenience store situations along with The Radiant

11:48:21 Group, the major retail store chain in our area.




11:48:24 Just to touch on one issue that Ms. Mulhern brought up.

11:48:27 Staff indicated that the process as we speak right now

11:48:33 is roughly three to four months.

11:48:35 And then there's a file fee of roughly $2100.

11:48:38 I just want to point out to council the costs

11:48:40 associated, the filing fee alone, okay, and you have to

11:48:45 prepare a survey, a wet zone survey, site plan, in some

11:48:50 cases transportation study, also you have to prepare

11:48:52 the notice that goes out to the surrounding property

11:48:54 owners.

11:48:54 So pits very significant.

11:48:56 Okay.

11:48:57 And these consultants don't drop everything to handle

11:49:00 this particular case.

11:49:01 It takes some 30 or 45 days to do that.

11:49:04 So I want to clarify that.

11:49:05 Secondarily, what Cathy brought up here, the SRX

11:49:08 administrative, you are talking about not selling after

11:49:11 11, 4,000 square feet, et cetera.

11:49:13 You are only going to have just a very minute potential

11:49:16 businesses that would be go through that process.

11:49:18 You are talking about Carrabbas and Maggianos.




11:49:22 I think it's a very good idea.

11:49:26 As Cathy indicated the city's process right now is very

11:49:30 archaic, established in 1945.

11:49:32 I think everybody agrees in terms of that.

11:49:36 The reason we are here, city code governing alcohol in

11:49:40 three different locations.

11:49:41 Okay, that's why guys like me get hired and kind of the

11:49:45 attorney's relief act of 2008 so maybe I'm kind of

11:49:48 stupid being here shooting myself in the foot.

11:49:50 But be that as it may I'm looking out for my clients.

11:49:54 But what happens during the process is typically you

11:49:56 have a landlord who leases property at any time upon

11:49:59 procuring the wet zoning which takes about four or five

11:50:01 months.

11:50:02 So you have some small businessman going down this

11:50:04 path, requires 15 to $20,000, assuming it's an element

11:50:09 of risk he may not know he's going to get the wet

11:50:11 zoning.

11:50:12 So what we have here is they are not conducting

11:50:14 business for four or five months, and also the landlord

11:50:16 is losing rent during that time.

11:50:18 Also as I indicated, City Council -- and I have a




11:50:22 summary here -- the last three years regarding 2(APS)s

11:50:26 related to gas stations and convenience stores, City

11:50:29 Council granted waivers for 92%.

11:50:31 And that's a fact.

11:50:32 I think dealing with the facts are obviously very

11:50:35 important in your decision-making process.

11:50:39 In essence, council has determined by going through

11:50:41 these processes and establishing is that convenience

11:50:44 stores are just a problem fung try exercise, very

11:50:49 burdensome especially in this bad economy for these

11:50:51 convenience stores to be gob through the process.

11:50:53 Ultimately they are going to get approved.

11:50:55 Okay.

11:50:58 So let's talk about some of these neighborhood

11:51:00 concerns.

11:51:01 I know there's a school board representative here

11:51:03 that's going to speak.

11:51:05 This proposal has been in process for a year and a

11:51:06 half.

11:51:07 We all know that.

11:51:08 Some of these comments are kind of surprising to me at

11:51:10 the eleventh hour.




11:51:15 Not one of the citizens or the school board has any

11:51:18 empirical data or information to suggest that arbitrary

11:51:21 1,000-foot distance is okay.

11:51:25 For example, the school board has more schools in

11:51:28 Hillsborough County than it does in the city.

11:51:30 However, there's no distance waiver requirement in the

11:51:32 county.

11:51:34 Also, the school board, it's a policy to object to

11:51:37 alcohol.

11:51:38 You rarely see them, I think in, front of City Council.

11:51:40 They send kind of a form letter indicating that they

11:51:43 oppose any waiver, any approval of alcoholic beverages.

11:51:46 Also, let's think about it.

11:51:48 What's the harm to the school, the school board or the

11:51:50 premises?

11:51:51 High school age students, they can't buy convenience

11:51:54 store.

11:51:54 Middle school can't leave the premises.

11:51:56 Obviously elementary school.

11:51:57 So the school board is doing their job.

11:51:59 There's no problem.

11:52:00 Okay.




11:52:02 I gave you a copy of the section of city code that says

11:52:05 it's illegal in the City of Tampa to sell alcohol and

11:52:09 consume it on the premises.

11:52:11 Okay.

11:52:11 So TPD is doing their job, no problem.

11:52:14 I gave you a Florida statute.

11:52:16 The legislature was concerned a few years ago about

11:52:18 schools in the proximity of the sale of alcohol and

11:52:21 what that statute says is the primary use of the

11:52:24 property for business is the sale of alcohol that has

11:52:27 to be separated by 1,000 feet.

11:52:30 Okay.

11:52:30 And that's the concern that the legislature has,

11:52:34 actually a bar on the premises, maybe some of the

11:52:36 adverse impacts, that might occur to the children or

11:52:39 the school board.

11:52:44 I think again I'm being rushed here, but we have

11:52:47 demonstrated through the data I submitted to you that

11:52:51 there can be really no adverse impacts for sale of beer

11:52:55 on Kennedy by 7-Eleven to the school that's remotely

11:52:58 located in the neighborhood 1,000 feet away.

11:53:00 There's no data to suggest someone buys a six pack and




11:53:04 actually goes to a school.

11:53:05 That's no way to make that determination as to where

11:53:08 someone bought alcohol, it's so prevalent.

11:53:11 In any event, council needs to balance the competing

11:53:14 interests in making its decision.

11:53:16 Here again we have speculation on the part of some of

11:53:18 the concerned citizens of the school board and

11:53:20 potential problem versus balancing and encouraging and

11:53:24 facilitating the creation of small businesses and

11:53:29 giving them new opportunities.

11:53:33 Here again, in this climate, it's very, very important

11:53:36 that we do that.

11:53:39 So, City Council, I respectfully request on behalf of

11:53:42 my client that you would go ahead and approve these

11:53:47 amendments.

11:53:47 Here again, these are not etched in stone.

11:53:50 If there's a problem somewhere down this path, City

11:53:53 Council can simply take another look at that, and if

11:53:58 necessary make a modification to the ordinance.

11:54:01 And I have enjoyed working with all of you.

11:54:03 And best of luck.

11:54:05 Thank you very much.




11:54:05 >>THOMAS SCOTT: Thank you.

11:54:06 Next speaker.

11:54:08 Down to five minutes.

11:54:09 >> RON ROTELLA: I will expedite things.

11:54:16 We have 15 people that basically said we are going to

11:54:18 respect your time.

11:54:21 You have been working on this for a year and a half.

11:54:27 The council has a special called meeting, they are not

11:54:30 going to get up and speak.

11:54:31 But I would like to ask that they basically get up,

11:54:34 those here in support, that represent Westshore, those

11:54:38 restaurants, if they would just do that, give you some

11:54:40 idea so you can see them.

11:55:09 So your staff has worked very hard, the legal

11:55:11 department worked very hard.

11:55:12 They came up with a compromise.

11:55:14 We would like to see it go further but we realize this

11:55:17 is a compromise position and we support the resolution

11:55:23 that's before you and ask that you pass it as is.

11:55:25 Thank you.

11:55:25 >>THOMAS SCOTT: Thank you.

11:55:30 Next speaker.




11:55:30 >> Westshore plaza also supports.

11:55:37 >>THOMAS SCOTT: Next speaker.

11:55:39 Anyone else?

11:55:39 Okay.

11:55:43 Yes, ma'am?

11:55:53 (off microphone)

11:56:00 >>YVONNE CAPIN: I move to continue.

11:56:01 I agree in principle streamlining the application and I

11:56:04 personally met with the staff at least five or six

11:56:07 types in the past six months, both to inform myself,

11:56:11 and legal, and to share what I have discovered in my

11:56:14 own district here.

11:56:17 I found that compliance and conditions was problematic

11:56:21 and therefore suggested a component to the

11:56:23 streamlining.

11:56:27 I also feel that the citizens, the neighborhood, need

11:56:33 more input.

11:56:35 I think that maybe what has happened here was that the

11:56:40 notification of public information workshops wasn't as

11:56:45 clear as the notification that they received this time

11:56:49 to come and speak.

11:56:54 Therefore, I move to continue.




11:56:57 >>MARY MULHERN: Yes, I'm supporting the continuance

11:57:04 partly because from what I heard from someone here

11:57:07 today, he just heard about it last minute.

11:57:11 And this is very important, major policy change we are

11:57:16 making, and having second reading at a meeting on a

11:57:24 Tuesday morning, which several people pointed out is an

11:57:30 unnormal time of meeting.

11:57:32 To me it makes sense to continue this to -- I'm not

11:57:36 sure when.

11:57:37 I guess Councilwoman Capin could recommend a date, but

11:57:40 I would support that.

11:57:42 >>THOMAS SCOTT: Let me hear from legal.

11:57:45 I'm sorry.

11:57:45 >>CHARLIE MIRANDA: I want to say I'm not opposed to a

11:57:47 continuance.

11:57:49 For those four new members doing this, good luck.

11:57:52 >>THOMAS SCOTT: Well, go ahead.

11:57:54 >>MARTIN SHELBY: I'm sorry, Mr. Chairman, the only

11:57:56 thing I was going to raise was raised by council member

11:57:59 Mulhern that a motion to continue with this being a

11:58:01 public hearing would need to be to a date time and

11:58:04 certain.




11:58:05 >>THOMAS SCOTT: We'll take that up in a minute.

11:58:07 Let me just say that the whole intent of this hearing

11:58:10 today was the fact that this council has worked on this

11:58:13 for the last year and a half, almost two years.

11:58:16 That's one.

11:58:19 And then to behind it off to a group to work on it for

11:58:21 another two years is creating some issues and problems.

11:58:27 I will tell you, I will tell you again, fresh off the

11:58:33 campaign trail, the new mayor is for streamlining.

11:58:36 At least that's what he campaigned on.

11:58:38 The council people that ran, ran on streamlining and

11:58:42 pro-business.

11:58:44 The only issue that's important for me is that we have

11:58:47 a process that's going to protect the neighborhoods,

11:58:50 and it's my understanding based on legal staff, that is

11:58:54 the case.

11:58:55 And so I guess I need Ms. Coyle to come back and

11:58:58 address that issue.

11:59:03 >>YVONNE CAPIN: Since I have the motion --

11:59:05 >>THOMAS SCOTT: Yes, but I have the floor now.

11:59:06 You made your motion, so we respect.

11:59:09 That right in and out the chairman is asking a question




11:59:11 to staff.

11:59:13 In terms of these changes, do you foresee anything of

11:59:17 this streamlining or changing that would, I guess, a

11:59:23 run rampant kind of situation where neighborhoods are

11:59:26 going to be disregarded and overlooked?

11:59:28 That's what I seem to be hearing from people and from

11:59:31 council, but I don't think that's the intent here, and

11:59:34 that this doesn't lend itself to that.

11:59:40 >>CATHERINE COYLE: I believe your understanding.

11:59:43 The intent of this is not to have the wild west out

11:59:45 there as far as alcohol.

11:59:47 There are very limited uses, with very restrictive

11:59:51 requirements that are placed upon them, and if you

11:59:53 don't meet those conditions, you come for a public

11:59:55 hearing.

11:59:59 >>CHARLIE MIRANDA: Mr. Chairman, just very quickly.

12:00:01 Let me just reiterate, whatnot has been said.

12:00:05 The building is not the one that's being zoned.

12:00:08 It's the land.

12:00:09 Therefore, that land stays rezoned forever unless

12:00:14 something drastic happens.

12:00:16 They close down for whatever reason, according to a




12:00:20 violation of the law.

12:00:22 When we heard 92% of all that come before us have

12:00:26 waivers, that more than likely is true.

12:00:28 There's one thing that was not said.

12:00:31 It that all that came before us have a right to speak

12:00:35 for and against before this body.

12:00:37 So there's a give and take in everything.

12:00:40 When business plans are put together, they don't take

12:00:43 six months to develop and then apply now to the city

12:00:47 for another four or five months.

12:00:53 Don't blame us for the total fault.

12:00:55 Some of that has to be blamed on the business people

12:00:57 themselves.

12:00:58 For not acting in the proper manner.

12:01:01 And I'm not trying to put the blame on you.

12:01:05 When these things happen, let's face reality.

12:01:09 These are not going to be 500 of these coming up.

12:01:12 There might be four or five or six of them.

12:01:14 That's what this is all about.

12:01:16 It's not about 500 new hotels.

12:01:21 Hotels do a wonderful job.

12:01:25 Anything over 100 rooms got to have a special license




12:01:28 from the state.

12:01:28 When you look at a restaurant, 4,000 square feet and

12:01:33 200 seats.

12:01:35 That's not my law.

12:01:36 That's the law of the state.

12:01:38 So what I'm saying is, we have talked a lot, and have

12:01:43 accomplished very little.

12:01:45 And I agree with the delay so that -- and I don't mean

12:01:49 a two-year delay.

12:01:50 I think this can be worked out 30 to 60 days at most.

12:01:54 The individuals that are coming in are just as

12:01:56 intelligent as we are.

12:01:57 We have done the groundwork.

12:01:58 We have done the basics for them to speed up their

12:02:04 operation so that they can understand in a quick period

12:02:07 of time what's happening.

12:02:08 These things happen, drawn out slowly, but it is for

12:02:14 the benefit of the total population, not just specific

12:02:18 individuals.

12:02:19 Thank you, Mr. Chairman.

12:02:20 >>JOSEPH P. CAETANO: Mr. Chairman, I'm next.

12:02:25 I move the vote, please.




12:02:28 >>CHARLIE MIRANDA: There's no date been given.

12:02:34 >>YVONNE CAPIN: I will reiterate that I agree in

12:02:38 principle with streamlining, so that is not the issue.

12:02:47 As for a date, we'll look at in May would be 60 days.

12:03:01 No, 30?

12:03:02 End of May?

12:03:03 Do we have a date there that we can -- regular City

12:03:07 Council session, May 19th or June 2.

12:03:14 >>CHARLIE MIRANDA: May 19th I may be playing

12:03:16 baseball somewhere.

12:03:18 >>YVONNE CAPIN: Then June 2 would be enough time.

12:03:21 >>THOMAS SCOTT: So the motion is to continue to June

12:03:23 2nd?

12:03:27 May 19th?

12:03:28 >>MARTIN SHELBY: What date was that?

12:03:29 I'm sorry.

12:03:31 >>YVONNE CAPIN: June.

12:03:32 >>CHARLIE MIRANDA: I won't be here more than likely but

12:03:34 you can set it.

12:03:37 The 2nd --

12:03:42 >>THOMAS SCOTT: May 10th.

12:03:43 >>JOSEPH P. CAETANO: After the finals, too.




12:03:47 >>THOMAS SCOTT: Just one second.

12:03:49 >>MARTIN SHELBY: The motion was for May 19, had 2011

12:03:53 and the time would be 9:30 a.m.

12:03:56 That is the motion on the floor.

12:03:58 >>THOMAS SCOTT: The motion is the continuance to May

12:04:00 19th, 9:30 a.m.

12:04:03 Motion on the floor.

12:04:04 I am not going to vote in favor of the motion.

12:04:05 All in favor of the motion --

12:04:08 >>MARTIN SHELBY: I'm sorry to interrupt.

12:04:09 This is on the main motion, because technically you are

12:04:13 supposed to take a motion -- take a vote on the motion

12:04:15 to call the question.

12:04:16 But if you want to bypass that by unanimous consent, so

12:04:19 everybody will be clear, what you are voting on, it's

12:04:21 not calling the question.

12:04:23 >>THOMAS SCOTT: Well, we are going to vote on the

12:04:26 motion to continue.

12:04:28 We are going to vote on the main.

12:04:29 She wanted to continue.

12:04:31 To postpone.

12:04:32 >>GWEN MILLER: We are voting on the continuance.




12:04:35 >>THOMAS SCOTT: So are we clear?

12:04:36 So the motion that we are voting on now, Mr. Attorney

12:04:39 12:motion made by Councilwoman Capin to continue this

12:04:43 to May 19 at 9:30 a.m.

12:04:45 I am vote against that motion.

12:04:47 All in favor of the motion signify by saying Aye.

12:04:52 Opposes signify by nay.

12:04:56 Clerk

12:05:02 So the motion fails.

12:05:03 We are back now to the main motion.

12:05:04 Okay.

12:05:06 Yes?

12:05:08 >>MARTIN SHELBY: Then it's in order to close the

12:05:10 public hearing.

12:05:11 >>GWEN MILLER: Move to close the public hearing.

12:05:12 >> Second.

12:05:13 >>THOMAS SCOTT: All in favor?

12:05:14 Opposed?

12:05:14 Do you want to read the ordinance?

12:05:16 >>JOSEPH P. CAETANO: An ordinance being presented for

12:05:18 second reading and adoption, an ordinance of the city

12:05:20 of Tampa, Florida relating to alcoholic beverage sales




12:05:23 regulations, making comprehensive revisions to City of

12:05:26 Tampa code of ordinances, chapter 27 zoning, amending

12:05:29 section 27-77, official schedule of district

12:05:34 regulations, amending section 27-78, district

12:05:38 regulations for M-AP airport compatibility districts,

12:05:45 amending section 27 oat 177, historic district

12:05:48 established, amending section 27-267, classes of

12:05:52 special use permits, agent or body responsible for each

12:05:56 general procedure, amending section 27-269, general

12:06:01 standards, amending section 27-270, conditions and

12:06:04 safeguards, amending section 27-272, regulations

12:06:09 governing individual special use, amending section

12:06:12 27-438, official schedule of permitted principal,

12:06:16 accessory and special uses; amending section 27-451,

12:06:21 district and subdistricts established, procedures for

12:06:25 rezoning section 27-522, specified district with

12:06:29 increased security requirements, amend section 27-523,

12:06:34 expiration, suspension and revocation of approvals of

12:06:37 alcoholic beverage sales, posting of notice for

12:06:40 discontinuance of sales; evidence of resumption of

12:06:43 sales, amending section 27-524, records, annuals

12:06:47 reports, violation of "R" classification zoning




12:06:50 requirements, amending section 27-545, definitions,

12:06:54 providing for severability, repealing all ordinances or

12:06:57 parts of ordinances in conflict therewith, providing.

12:07:02 >>CHARLIE MIRANDA: Mr. Chairman, if I may recall, this

12:07:04 vote cannot be taken until you take the vote to extend

12:07:06 the time passed 12.

12:07:09 That would take a majority of council members under the

12:07:11 procedures of City Council, would take a 5-2 vote.

12:07:14 >>MARTIN SHELBY: A recess for lunch taken at noon or

12:07:23 as close to noon as possible.

12:07:25 >>GWEN MILLER: Vote to continue past the lunch hour.

12:07:28 >>JOSEPH P. CAETANO: Second?

12:07:29 Moved and seconded.

12:07:30 All in favor of moving past the lunch hour say Aye.

12:07:33 Opposes?

12:07:35 >>THE CLERK: Capin and Miranda voting no.

12:07:37 >>GWEN MILLER: We have a motion.

12:07:45 >>THOMAS SCOTT: (off microphone)

12:07:52 Cast your vote, please.

12:07:59 All in favor.

12:08:00 >>MARY MULHERN: I am not going to support this.

12:08:04 I just want to be say a few things, considering so many




12:08:07 people were here from the neighborhood.

12:08:12 And in response to Mr. Bentley's statement about the

12:08:18 package sales, 8% of those didn't pass, and I think the

12:08:24 people here were probably here to say that they didn't

12:08:27 want to have liquor sales at those stores.

12:08:31 So I think we are losing -- we are losing distance

12:08:36 separation protections that we had.

12:08:38 We are losing public notice.

12:08:40 We are losing the opportunity for citizens to speak

12:08:44 publicly.

12:08:48 And I don't see any reason why we are doing this today.

12:08:53 It's disappointing and I'm sorry that we are not paying

12:08:57 more attention to our constituents.

12:09:04 >>YVONNE CAPIN: I will not be supporting this either.

12:09:07 Again, finding that compliance and conditions were

12:09:12 problematic, and that was not addressed in this, and it

12:09:19 is both law enforcement and code enforcement find it to

12:09:22 be important.

12:09:23 I also found that the methodology of notifying the

12:09:26 public may have been a problem.

12:09:33 And I feel that this will need to be revisited.

12:09:36 >>GWEN MILLER: Vote and record.




12:09:43 >>THOMAS SCOTT: Record your vote.

12:09:57 >>THE CLERK: Motion carried with Capin, Miranda, and

12:10:00 Mulhern voting no.

12:10:01 >>THOMAS SCOTT: Okay.

12:10:05 This concludes that.

12:10:05 >>GWEN MILLER: Move to receive and file.

12:10:09 >>THOMAS SCOTT: Moved and seconded.

12:10:14 >>CHARLIE MIRANDA: I just want to thank each of the

12:10:15 council members that I have had the pleasure of serving

12:10:17 with on this council, the best of health to you and

12:10:20 your family, and you have done an outstanding job.

12:10:22 Public service is not always easy.

12:10:24 In fact it's never easy.

12:10:27 And you have sleepless nights, long hours.

12:10:30 I want to thank you for being the servants that you

12:10:33 were.

12:10:33 >>GWEN MILLER: Thank you.

12:10:34 We appreciate that.

12:10:36 >>THOMAS SCOTT: It's been my pleasure to serve as well

12:10:38 with all of you.

12:10:39 And thank you for the opportunity to serve as chairman

12:10:42 through the years.




12:10:43 And thank you for your support and for a very, very

12:10:47 good council to work with very hard.

12:10:49 Thank you.

12:10:49 >>MARY MULHERN: Thank you, too.

12:10:51 And we do appreciate you as the chair.

12:43:39 (Meeting adjourned.)

12:43:43



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