TAMPA CITY COUNCIL
Special Called Meeting
Tuesday, March 29, 2011
The following represents an unedited version of
realtime captioning which should neither be relied upon
for complete accuracy nor used as a verbatim
The original of this file was produced in all capital
letters and any variation thereto may be a result of
third party edits and software compatibility issues.
Any person who needs a verbatim transcript of the
proceedings may need to hire a court reporter.
09:57:15 >>THOMAS SCOTT: Tampa City Council will now come to
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.
10:06:36 (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.
10:07:23 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
10:08:01 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 >>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
10:08:32 >>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
10:11:14 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
10:11:52 I'm talking about the area from Columbus drive over to
10:11:56 Kennedy Boulevard, and from North Boulevard to Armenia
10:12:01 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
10:12:14 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 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 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
10:14:21 This is the location where you put an alcoholic
10:14:23 This is not something that's going to destroy the
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
10:14:39 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.
10:14:55 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
10:15:18 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 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 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 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
10:17:00 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 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
10:17:49 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
10:18:34 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
10:21:54 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
10:23:34 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.
10:25:50 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 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
10:26:33 I run a small architectural practice within old West
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 >> 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
10:28:46 We got people who come as peddlers, and they peddle
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 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
10:30:40 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
10:31:08 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 >> 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
10:34:52 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
10:36:08 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
10:36:57 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
10:38:42 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
10:39:14 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
10:41:08 >>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 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
10:42:33 >>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
10:43:12 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
10:43:24 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 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
10:44:53 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
10:45:08 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
10:45:39 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
10:48:06 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
10:48:58 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.
10:50:15 >>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 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
10:53:19 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 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
10:56:59 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 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
10:59:49 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
11:00:43 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
11:03:01 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 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
11:07:34 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
11:09:26 So they would not qualify for a special restaurant
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
11:10:41 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
11:11:40 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 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
11:13:27 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
11:14:11 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
11:15:52 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
11:16:52 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
11:19:25 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
11:19:40 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
11:20:16 >>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,
11:21:38 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 >>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
11:23:34 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
11:24:01 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
11:25:55 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
11:26:16 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
11:26:58 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 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 People have a bag of liquor or bag of can of beer or
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.
11:28:49 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 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
11:29:43 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 (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 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
11:33:45 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
11:36:02 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
11:38:46 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
11:39:14 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
11:40:53 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
11:41:53 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 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
11:45:26 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 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
11:46:23 (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 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 So pits very significant.
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
11:50:02 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
11:50:12 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.
11:50:58 So let's talk about some of these neighborhood
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
11:51:07 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
11:51:34 Also, the school board, it's a policy to object to
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
11:51:51 High school age students, they can't buy convenience
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.
11:52:02 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 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 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 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?
11:55:43 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
11:56:27 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
11:57:49 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
11:58:05 >>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
11:58:44 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
11:59:59 >>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
12:00:58 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
12:02:19 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
12:03:27 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.
12:05:02 So the motion fails.
12:05:03 We are back now to the main motion.
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 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.
12:07:35 >>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
12:08:48 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 >>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.)
The preceding represents an unedited version of
realtime captioning which should neither be relied upon
for complete accuracy nor used as a verbatim
The original of this file was produced in all capital
letters and any variation thereto may be a result of
third party edits and software compatibility issues.
Any person who needs a verbatim transcript of the
proceedings may need to hire a court reporter.