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TAMPA CITY COUNCIL

Thursday, November 15, 2012

9:00 a.m. session



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08:54:48 >>CHARLIE MIRANDA: City Council is called to order.

09:04:49 The chair yields to Mr. Harry Cohen.

09:04:51 >> Good morning.

09:04:52 It's my pleasure to introduce our clerk, Shirley

09:04:55 Foxx-Knowles, to give the invocation and pledge of

09:04:57 allegiance.

09:04:58 >>SHIRLEY FOXX-KNOWLES: Good morning, council.

09:05:04 Let us pray.

09:05:05 O Lord, our Lord, how excellent is Thy name in all the

09:05:09 earth.

09:05:10 I will praise Thee, O Lord, with all my heart.

09:05:13 Gracious father, we thank you for another beautiful fall

09:05:16 morning here in Tampa.

09:05:18 Thank you for your grace and your mercy.

09:05:21 You have been so good to us, and we are truly grateful.




09:05:25 Thank you for your goodness every day.

09:05:28 And may we remember to show our appreciation by being good

09:05:32 to each other.

09:05:34 Father, bless this council meeting and our council members,

09:05:38 and make them instruments of your will.

09:05:41 Lead them as they make decisions that affect the lives of

09:05:44 the citizens of our fair city.

09:05:48 Guide them so they do that which is acceptable in your

09:05:52 sight.

09:05:54 And is uplifting to the residents of our city.

09:05:56 Lead them in the right way.

09:05:59 Please protect our citizens and pro provide your protection

09:06:05 to those serving on the front lines.

09:06:07 Working hard to keep all.

09:06:12 Please protect our troops overseas, and when their job is

09:06:16 done, bring them back safely to their loved ones.

09:06:19 And now, O Lord, as we celebrate Thanksgiving next week,

09:06:23 create in us grateful hearts and renew our Thanksgiving

09:06:28 spirit.

09:06:29 Let us again remember to be kind to each other, provide

09:06:32 service with a smile, and be worthy of your love.

09:06:37 These things we ask and thanks we give with humble hearts.

09:06:42 Let us all say amen.

09:06:44 [ Pledge of Allegiance ]

09:06:47 >>CHARLIE MIRANDA: Roll call.




09:07:07 >>MIKE SUAREZ: Here.

09:07:12 >>HARRY COHEN: Here.

09:07:13 >>LISA MONTELIONE: Here.

09:07:15 >>CHARLIE MIRANDA: Here.

09:07:18 Okay, we go to the first part of the agenda.

09:07:20 Items 1, 2 and 3.

09:07:22 And the first will be a presentation of commendation to

09:07:26 lazydays employee foundation handled by Mrs. Lisa

09:07:35 Montelione.

09:07:52 >> I'm here to recognize the wonderful and heartfelt effort

09:07:57 of -- Mr. Randy Lay is president of the Lazydays Foundation

09:08:12 and there are lots of things that they do as a foundation,

09:08:15 and what struck me was if you reviewed the Web site for the

09:08:20 foundation, it says we pay the kids first.

09:08:24 Their voluntary contributions that employees of Lazydays

09:08:28 makes to the foundation.

09:08:30 And when tough economic times hit, and not everyone could

09:08:34 afford the amount that they had pledged from their paychecks

09:08:39 every week, the motto was, we pay the kids first.

09:08:43 And those that couldn't even afford to take money out of

09:08:47 their paychecks volunteered to do hands-on projects so they

09:08:54 could still contribute to the work that Lazydays Employees

09:08:59 Foundation does.

09:09:01 One of their accomplishments is a model of flagship programs

09:09:07 for the nation, and it's called a kids' place, the first of




09:09:14 its kind to provide temporary emergency shelter for

09:09:17 victimized children while they await placement for a -- I

09:09:23 would say a temporary permanent place in a foster care home.

09:09:26 And it's one of many that make up the complex.

09:09:33 It's just unbelievable what a small group of people can do

09:09:39 and how much of a difference they can make.

09:09:43 They also partnered with the University of South Florida

09:09:44 Morasoni medicine for homeless and this commendation reads

09:10:01 in recognition of the Lazydays foundation, funded by your

09:10:06 voluntary weekly payroll deduction, this employee foundation

09:10:11 raises money for at risk youth in Hillsborough County.

09:10:14 The work done by the Lazydays employees foundation continues

09:10:17 to play an instrumental role in helping to change the lives

09:10:21 of countless individuals and families.

09:10:23 Your commitment and vision has made our community a more

09:10:26 compassionate place for everyone.

09:10:29 It is with great pleasure that the Tampa City Council

09:10:32 extends its best wishes to the Lazydays employees foundation

09:10:35 as you move forward in your efforts to improve the quality

09:10:38 of life for youth in our community.

09:10:42 >> Thank you very much.

09:10:43 On behalf of all the employees of Lazydays and all the

09:10:47 members of the foundation, I would like to thank the council

09:10:49 for its recognition.

09:10:50 It's a great partnership between the City of Tampa and




09:10:53 Hillsborough County, and our foundation, and we hope to work

09:10:56 with you for many years to come to make life better for

09:10:59 children through our community and around the country.

09:11:02 Thank you very much.

09:11:02 >> Thank you.

09:11:07 We appreciate it.

09:11:08 [ Applause ]

09:11:13 Next, we have Edie with the homeless coalition.

09:11:17 To accept the award -- the commendation prepared for Zach

09:11:25 Bonner.

09:11:26 Just recently the movie "a little red wagon -- opened here

09:11:34 in Tampa.

09:11:35 And it was a very special time for us, because it recognizes

09:11:39 the contributions that Zach Bonner has made to the homeless

09:11:45 youth in our community which in itself is amazing because

09:11:50 Zach started his journey when he was, I believe, eight years

09:11:56 old.

09:11:56 Eight years old.

09:11:59 He's now a teenager, and he continues his work, and it

09:12:05 created such a heartwarming story that a Hollywood film was

09:12:09 made about this young man's life.

09:12:12 Young man.

09:12:13 He's only a teenager.

09:12:14 And already has a movie about his life.

09:12:17 The reason is because he distributed over 6,000 backpacks




09:12:25 across the country to homeless youth with personal hygiene

09:12:31 products and other supplies.

09:12:32 Zach walked over 2,463 miles to raise awareness to the

09:12:39 plight of homeless youth, and Zach walked from Tampa to

09:12:44 Tallahassee, Tallahassee to Atlanta, and then Atlanta to

09:12:48 washed.

09:12:50 Zach and the little red wagon foundation that he created at

09:12:56 his tender age have done countless projects all in an effort

09:13:01 to help underprivileged youth.

09:13:06 The nation is in recognition of ZACH Bonner for efforts to

09:13:10 assist homeless youth in the United States.

09:13:12 Tampa City Council would like to take this opportunity to

09:13:16 applaud you for your service, the homeless coalition, on

09:13:23 behalf of Zach Bonner dedicated to lending a helping hand to

09:13:27 the 1.3 million homeless youth in the United States, walking

09:13:35 4,263 miles including a stretch from Tampa to the White

09:13:38 House to raise awareness of the homeless epidemic in

09:13:42 America.

09:13:43 It speaks volumes about his character.

09:13:45 The Little Red Wagon Foundation continues to play an

09:13:48 instrumental role in our community by helping one child at a

09:13:51 time.

09:13:55 Tampa City Council extends through you to Zach for the

09:14:00 accomplishments and those of the Little Red Wagon

09:14:02 Foundation.




09:14:04 [ Applause ]

09:14:06 >> On behalf of Zach Bonner, I want to say thank you for

09:14:12 your support.

09:14:13 He's an amazing kid, doing an amazing job creating awareness

09:14:17 for youth about homeless youth in our community.

09:14:19 He's working to try to open up a youth outreach center so

09:14:23 youth have a place to go where they can get off the street

09:14:26 and away from danger.

09:14:27 If you haven't seen The Little Red Wagon movie, tonight is

09:14:31 the last night in Tampa.

09:14:32 Hopefully if you don't get to see it you will buy a DVD.

09:14:38 But it's an amazing movie.

09:14:40 I deal with homeless every day.

09:14:42 I know the story.

09:14:45 Yet when you see it on the big screen you can't help but be

09:14:49 touched by that inspirational movie.

09:14:50 We can do better.

09:14:51 I want to thank the City Council and Councilwoman

09:14:54 Montelione, and I want to thank you for all of your support

09:14:57 for the coalition and for the community working to end

09:15:00 homelessness.

09:15:02 [ Applause ]

09:15:04 >>CHARLIE MIRANDA: Thank you very much.

09:15:08 Mr. Mike Suarez will handle number two.

09:15:19 >>MIKE SUAREZ: Thank you, chair.




09:15:21 It's my pleasure to introduce Linda Olson and Tracey

09:15:29 Schwartz combining their efforts, got a grant from the

09:15:33 Department of Commerce for building more entrepreneurial

09:15:39 businesses here in the downtown -- excuse me, in the Tampa

09:15:42 area.

09:15:42 There were seven award recipients and they were one of them.

09:15:45 They received $1 million from the Department of Commerce,

09:15:48 and it's called the I-6 challenge grant.

09:15:52 And the description of the I-6 is a multi-agency grant that

09:15:56 encourages and rewards innovative groundbreaking ideas that

09:16:00 accelerate technology commercialization, formation, job

09:16:04 creation, economic growth, across the U.S.

09:16:08 What this means for our city is that we are going to be able

09:16:11 to compete with other cities across the country, the

09:16:15 San Franciscos, the triangle in North Carolina, New York,

09:16:19 and Austin, for those high-tech jobs that are currently not

09:16:23 coming here.

09:16:25 Ms. Olson has been involved for quite a few years doing

09:16:31 this.

09:16:31 She heads up the Tampa Bay WAVE and for her I think it's one

09:16:36 of the most exciting things she's been working on.

09:16:39 She's going to give us a presentation about the grant and

09:16:41 how it's going to affect our city.

09:16:47 >> Councilman Suarez, council members, thank you for this

09:16:52 opportunity to talk about this exciting grant.




09:17:04 As it says, it's a regional collaborative effort led by USF

09:17:09 and Tampa Bay WAVE.

09:17:13 You can go to the next slide.

09:17:16 As Councilman Suarez mentioned, I-6 is a multi-agency grant.

09:17:22 We saw this opportunity because it was described as a way to

09:17:26 help boost innovation and entrepreneurship, and what they

09:17:32 call economically challenged regions of the country.

09:17:34 Unfortunately our region qualified for that, but we are

09:17:37 going to do some great things with this grant.

09:17:41 As Mr. Suarez also mentioned, search awards were given out

09:17:44 this year.

09:17:44 This is the third year of the grant.

09:17:46 So there are six reward recipients in 2010 and 2011 so

09:17:51 there's been 19 total today so we are one of the 19 grant

09:17:54 recipients across the country.

09:17:58 Our goal is actually to become the best example of the 19

09:18:02 grants, winners, and we are going to make this a showcase

09:18:07 for the community.

09:18:12 Not only does this grant mean that we get a million dollars

09:18:15 from the Department of Commerce, but thanks to so many

09:18:17 generous people and community leaders, we were able to raise

09:18:21 the million dollar matching funds here in the community.

09:18:26 Thanks to this grant opportunity we now have a $2 million

09:18:29 operating budget for the next two years.

09:18:31 It's an important thing for the community.




09:18:37 So here is the nature of our grant proposal.

09:18:40 These grants are looking at a two-year grant life.

09:18:44 Sorry this next two years, we are going to be putting

09:18:46 together what is called a proof of concept center that we

09:18:49 are now calling the Firstwave Venture Center for early stage

09:18:56 tech companies in Tampa Bay.

09:18:57 The efforts we are going to use should generate 245 jobs and

09:19:02 $16 million in invested capital.

09:19:05 The plan is to work with over 80 early stage companies to

09:19:10 help them grow.

09:19:12 We have both a virtual plan so that we can work with

09:19:14 entrepreneurs throughout the region, but probably the thing

09:19:18 that makes this really exciting is we are going to create

09:19:21 the homes for this Firstwave venture center in downtown

09:19:25 Tampa overlooking the beautiful Hillsborough River.

09:19:29 And just so you know, this plan is really based on what we

09:19:31 have as our five-year strategic vision for working with over

09:19:35 200 early-stage companies, and generating over $40 million

09:19:40 of invested capital for entrepreneurs over the next five

09:19:45 years.

09:19:48 I just wanted to demonstrate the strength of the regional

09:19:52 partnership that we are able to collect.

09:19:56 It is pretty much a list of lots of recognizable names, not

09:20:02 just local corporations.

09:20:06 Tampa City Council is in this.




09:20:10 Thank you very much for your support in this grant.

09:20:12 We have Hillsborough County.

09:20:13 We have USF.

09:20:15 University of Tampa.

09:20:16 ACC.

09:20:17 We also have a number of early-stage either angel groups or

09:20:23 other investment capital in here. So we are off to a

09:20:27 rolling start.

09:20:28 And I will tell you, we had something like two and a half

09:20:32 weeks to pull this entire grant together, including all of

09:20:36 these grant partners.

09:20:37 So this is just -- we are just scratching the surface.

09:20:42 As we launch the center, we will continue to strive for

09:20:45 regional partnership across corporations, academia, local

09:20:51 government, and anyone else who wants to be involved.

09:21:03 So this is a little bit of the vision.

09:21:10 We are going to be -- we put the tech entrepreneurs and

09:21:15 their needs with early stage companies at the heart of

09:21:17 everything.

09:21:18 Around that, we are going to be providing early stage

09:21:21 companies with affordable flexible office space that they

09:21:24 can use.

09:21:25 We want to bring in a co-working center around that so not

09:21:30 only can other entrepreneurs use this but they are not ready

09:21:34 to step into a dedicated office, but also attract everyone




09:21:37 else in the community that can help them from investors,

09:21:41 talent, students.

09:21:46 In addition it's going to have a very exciting probably

09:21:48 something like 3,000, 3500 square feet that we can bring

09:21:53 in -- hopefully some of you are familiar with the concept of

09:21:59 a Hackison, but also around angel investments and other

09:22:08 educational workshops and things, all designed to really

09:22:10 help promote tech entrepreneurs, their companies, and make

09:22:14 them successful.

09:22:16 So we don't want to take up too much of your time, but our

09:22:24 goal is to make this not just a successful grant project but

09:22:27 something that is sustainable for the benefit of our local

09:22:30 region, and committed to helping us not just achieve the

09:22:43 goals of the grants but again make this a signature asset,

09:22:46 and a classic accelerator program for tech start-up

09:22:51 companies.

09:22:51 We expect this is going to be something that will further

09:22:55 help our tech community on a national map and let us attract

09:23:00 more resource to the region and let us promote more

09:23:05 successful companies here.

09:23:07 Thank you very much.

09:23:08 Do you want to add anything?

09:23:09 >> You know, we are just really excited to be part of.

09:23:13 This we are looking forward to strengthening and further

09:23:16 increasing the innovation and entrepreneurial ecosystem,




09:23:20 bringing together the resources not only of USF but of the

09:23:24 other universities that are part of this project.

09:23:27 We are hoping to foster some additional success for our

09:23:33 local companies with various grant programs to help bring

09:23:37 additional federal dollars down here.

09:23:39 Of course, also leveraging on the Florida high tech Florida

09:23:42 council matching grants program which is the research

09:23:46 component of those types of grants.

09:23:47 So we are really happy to have a part of this, and we thank

09:23:51 you very much for your support.

09:23:55 >>CHARLIE MIRANDA: Mr. Suarez?

09:23:56 >>MIKE SUAREZ: I want to thank you both of you.

09:23:58 Tracey gave us a tour of the USF facilities where we have a

09:24:03 lot of these high tech companies now.

09:24:05 And correct me if I am wrong, Tracey, USF is number nine in

09:24:11 patents in the world or the U.S.?

09:24:17 >> It was number 9 and number 10 in the world.

09:24:19 >> Okay, you are still in the top ten.

09:24:23 And, you know, these types of activities is really what

09:24:26 changes the look of the city and how it works.

09:24:31 Pittsburgh was transformed by Carnegie Mellon being one of

09:24:35 the top universities for computers in terms of department of

09:24:39 defense.

09:24:40 Of course, San Francisco and the Silicon Valley we know

09:24:44 about.




09:24:45 So we are hoping that we can create a silicon bay here, and

09:24:49 maybe revitalize some of those companies and come up with

09:24:52 new companies that are going to be recognized around the

09:24:55 world.

09:24:56 So thank you, ladies, for being here.

09:24:57 >> We would like some day people to be thinking of

09:25:01 San Francisco as "the other bay area."

09:25:05 [ Laughter ]

09:25:06 >>CHARLIE MIRANDA: Thank you very much.

09:25:06 All right.

09:25:07 The number three item is one that we are very familiar with.

09:25:11 It's an honor to have Mr. Craig Pugh of the Lowry Park Zoo,

09:25:24 and they are one of the top zoos, and they give back much

09:25:27 more than they receive compared to the other facilities

09:25:29 throughout the United States.

09:25:30 So we are happy to have Mr. Pugh here, and tell the story

09:25:36 that is really not a story, it's a fact.

09:25:38 And, in fact, he brought one of the friends of his, who is a

09:25:42 relative of mine, an exhibition, and you will see why we are

09:25:47 relatives in a minute.

09:25:48 Mr. Pugh.

09:25:49 >> Thanks for inviting me to provide an update about Tampa's

09:25:53 Lowry Park Zoo and thank you to each of you who has taken

09:25:56 the time to come out and see first hand what it really does

09:25:59 take to operate a zoo of national prominence, with some




09:26:02 1,600 animals representing 400 species, 90 of which are in

09:26:08 danger and risk of extinction.

09:26:10 This September we ended our fiscal year with a balanced

09:26:13 budget, $17 million annual operating budget that supports

09:26:18 280 jobs, and this was possible because 1.1 million

09:26:21 visitors, local residents and tourists alike, found their

09:26:26 time at the zoo enjoyable, and found their time with our

09:26:29 educational programs relevant, and that makes us the top

09:26:33 attended zoo in the southeast U.S.

09:26:35 They also find the zoo a fun place to be particularly for

09:26:38 our after-hours events, our Halloween events that just ended

09:26:43 exceeded the expectation both for attendance, and during

09:26:47 this year more than 140,000 school age children came through

09:26:50 Lowry Park Zoo, and it's only Hillsborough County school

09:26:53 district that serves more in Tampa Bay.

09:26:56 Every day we have more than 100 children at our zoo school.

09:27:00 Classes there encourage excellence in math and science,

09:27:02 respect for life, a sense of responsible citizenship, and

09:27:06 more than 100 other children on waiting list, which attests

09:27:11 to the needs for the programs we are offering the community.

09:27:13 The zoo was again named best daycare facility in Tampa Bay

09:27:16 by Tampa Bay business journalists.

09:27:21 In addition to being a center for education we also commit

09:27:24 considerable resources to conservation especially for

09:27:26 Florida wildlife and also species from ace yeah, Africa,




09:27:30 Australia and more and more from central and South America.

09:27:34 This winter at the David affidavit Straz hospital we are

09:27:38 expecting to treat what will be the 300th Manatee

09:27:42 patient that will have come through the zoo since 1991, and

09:27:45 we treat the Manatee orphans, also those hit by boats.

09:27:51 This is a federally protected species for which the state

09:27:54 has obligations, and the state then partially defrays what

09:27:58 it costs the zoo to operate the only nonprofit and only

09:28:02 critical care facility for Manatees anywhere. Next year

09:28:04 will be our 25th anniversary since we reopened the

09:28:07 current site, and in the late 1980s, many here today will

09:28:11 remember that the zoo was a $200,000 a year operation of the

09:28:15 city, and committed citizens gathered together to create the

09:28:18 Lowry Park Zoo association, and then later the Lowry Park

09:28:21 Zoo logical society which is now the independent not for

09:28:25 profit management company that operates the zoo for the City

09:28:28 of Tampa.

09:28:28 This has been an extremely successful public-private

09:28:32 partnership.

09:28:33 When the zoo reopened at its current site more than 25 years

09:28:36 ago, it was our business model not to be a burden on

09:28:40 government.

09:28:41 And unlike most zoos in the United States that are our size,

09:28:45 and receive as much as half of their operating support from

09:28:48 public sources, we rely mostly on earned revenue to create




09:28:52 that $17 million budget.

09:28:55 In fact, more than 80% of our annual budget is derived from

09:28:58 earned revenue, 20% contributed.

09:29:00 That includes philanthropy, and 3% from the City of Tampa.

09:29:05 Earned revenue comes primarily from the sale of admission

09:29:08 ticket, also sales of food and gifts.

09:29:10 Earlier this year, we took a new approach to food service at

09:29:13 the zoo.

09:29:14 As a result, we have exceeded our catering goals for the

09:29:16 year, and the new addition also reduced our overall

09:29:20 operations for food by more than 30%, and the immediate

09:29:24 benefit was being able to create a dozen new jobs at the

09:29:27 zoo.

09:29:28 And employees who now work at food service at the zoo really

09:29:31 have an opportunity for a career in hospitality.

09:29:33 And this is in large part because of our new partner firm,

09:29:37 ovation, headquartered nearby in Lutz.

09:29:40 They are nationally recognized, have a growing presence

09:29:42 along the I-4 corridor and certainly throughout the United

09:29:44 States.

09:29:45 We are also committed to having a very positive economic

09:29:48 impact on the greater Tampa Bay.

09:29:49 Now first hand how the zoo complements, contributes to the

09:29:54 quality of life in the community, but let's look at the

09:29:56 numbers.




09:29:56 There's an estimated 1,300 full time equivalent jobs in our

09:30:01 community, annually impacted by our operations program, and

09:30:04 the activities and spending that are directly related to how

09:30:07 we operate the zoo.

09:30:08 The zoo also has an economic impact of more than $40 million

09:30:12 on the region annually generating more than 1.2 million in

09:30:16 local government revenue.

09:30:18 Right after the RNC, we hosted two single hotel conferences

09:30:21 of national zoo professionals.

09:30:23 Those alone generated some 745 room nights.

09:30:27 We are going to host another professional zoo conference in

09:30:30 January.

09:30:30 That's going to bring bedroom total to about a thousand.

09:30:34 And this spring we'll have a special traveling exhibit, and

09:30:36 that will generate another 4,700 additional room nights.

09:30:40 So you have our commitment to do whatever we can to bring

09:30:43 business here to Tampa.

09:30:45 In our communities, sports championships and certainly

09:30:48 conferences are extremely important, and I enjoy them.

09:30:50 They come and go. Lowry Park Zoo, though, is here every

09:30:53 day. It generates positive economic impact day after day,

09:30:57 every day throughout the year.

09:31:01 It's been more than ten years since the last major

09:31:03 investment in the zoo.

09:31:04 Attendance at the zoo back in 2001 was 512,000 visitors.




09:31:10 CIT funds and another 10 million raised in private

09:31:12 philanthropy enabled us to double the size of the zoo.

09:31:16 We created 100 new jobs and doubled attendance to more than

09:31:19 a million visitors over this nearly 20% of whom are tourists

09:31:22 who come to Tampa from more than 50 miles away, and that

09:31:26 money they spent is money invested right here in Tampa Bay.

09:31:29 As I had a chance to talk with each of you during your zoo

09:31:32 visit, you know how very much I appreciate when community

09:31:35 leaders tell our wonderful Board of Trustees or tell me or

09:31:38 other management at the zoo how much they respect the zoo

09:31:41 not to be a burden on government, and we strive to maximize

09:31:44 that earned revenue.

09:31:46 But we do need help.

09:31:50 In fact 20% of our annual operations relies on annual

09:31:53 contributions from our generous community and support has

09:31:55 never been more vital.

09:31:57 It's time also for us to replace buildings and exhibits now

09:32:00 that 25 years after they were first built are at the tend of

09:32:03 their useful life.

09:32:04 They have been used by about 15 million visitors since we

09:32:06 first opened the zoo at its current site.

09:32:09 And know that all departments of the city have been

09:32:11 extremely helpful.

09:32:12 Each of you, the mayor, Mike Suarez, Santiago Corrada, Greg

09:32:19 Bayor, water, wastewater, planning, development, all of them




09:32:23 really help us to continue to manage the assets.

09:32:25 So we can attract philanthropy to build new exhibits.

09:32:29 But as directors of any of our cultural facilities will let

09:32:32 now it's virtually impossible to attract donations to

09:32:36 address infrastructure needs from the ground down, and those

09:32:39 kinds of major repairs and maintenance.

09:32:41 We'll continue to explore all options.

09:32:43 And we are actively engaged in the capital campaign.

09:32:46 And I certainly women come your advice about other ways we

09:32:48 can encourage investment in the zoo and investment in Tampa

09:32:50 Bay.

09:32:51 In the meantime, it's important to note our wild wonderland

09:32:55 event will open on December 8th complete with new

09:32:58 activities, it's 14th year, and along with reindeer, but

09:33:02 I couldn't bring any reindeer, but since it was veterans day

09:33:05 earlier this week it seems fitting to bring to you the

09:33:09 American bald eagle, and here is Linda.

09:33:13 Cyrus could not make it on his own out of the wild so he

09:33:17 comes to us for care.

09:33:19 >> Well, you did all of that in one breath.

09:33:22 [ Laughter ]

09:33:23 And we really appreciate it.

09:33:24 Like I say, we are related.

09:33:27 Bald eagle.

09:33:28 [ Laughter ]




09:33:29 Mr. Suarez?

09:33:33 >> Craig, thanks for the presentation and thank you for not

09:33:36 bringing the white tiger here.

09:33:40 And if anybody has a chance to see the white tiger at Lowry

09:33:45 Park Zoo it's just as you a inspiring as this bald eagle,

09:33:50 and thank God Ben Franklin didn't get the right to name the

09:33:54 turkey as the official bird or else we would have a weird

09:33:57 Thanksgiving.

09:33:57 Thanks for coming here.

09:33:58 Thanks for bringing the eagle.

09:34:00 It's a beautiful, beautiful animal.

09:34:02 Thanks a lot.

09:34:04 >>CHARLIE MIRANDA: And again, thank you again.

09:34:05 And if this government, any government ran this business

09:34:09 like you ran the zoo, we would be giving back rebates.

09:34:12 We are very appreciative of what you and your staff and all

09:34:15 the employees and your Board of Directors do.

09:34:18 We are honored that you have done that, and continue

09:34:21 marching forward.

09:34:21 >> Thank you very much.

09:34:28 >>HARRY COHEN: Thank you very much.

09:34:40 We are going to move on to the approval of the addendum.

09:34:46 Excuse me, of the agenda.

09:34:50 We have a motion from Mr. Reddick, seconded by Councilwoman

09:34:53 Montelione.




09:34:54 All in favor please indicate by saying aye.

09:34:58 And that passes.

09:34:59 Also, I have a memorandum here from Councilwoman Capin, I

09:35:06 will be out of town on November 15th and unable to

09:35:09 attend City Council.

09:35:11 She asked that we read that into the record.

09:35:13 We will move on now to public comment.

09:35:16 We have 30 minutes allotted for any matters other than those

09:35:20 that are scheduled for public hearings.

09:35:23 There will be three minutes for each speaker, and preference

09:35:27 will be given to items that are on the agenda first.

09:35:30 So if anyone from the public would like to speak, now is

09:35:34 your opportunity.

09:35:39 >> Pete Johnson, 510 Harrison street.

09:35:54 I'm passing out to you again some pictures that were taken

09:35:57 by code enforcement on a piece of property at 5004 north

09:36:04 19th street.

09:36:07 I cannot understand why the code enforcement department did

09:36:10 not placard all 19 of these trailers.

09:36:16 As long as I have been involved in researching code, this

09:36:19 has got to be the worst condition I have ever seen, even

09:36:24 worse than the property on Hillsborough that Pam Iorio

09:36:29 closed down.

09:36:33 There is sewage leaks.

09:36:34 There is components close to water.




09:36:39 This is the most grotesque living conditions I have ever

09:36:41 seen and abuse of elderly people by this property owner.

09:36:48 I cannot understand why code has not gone in and considered

09:36:52 a health and safety issue and closed this property down,

09:36:57 except that the city does not have any guidelines for public

09:37:02 health and safety issues.

09:37:05 No one knows what that means.

09:37:09 It's up to the individual code officers, supervisor, or the

09:37:13 director what they consider a public health and safety

09:37:17 issue.

09:37:19 I'm sorry.

09:37:20 This is deplorable.

09:37:22 This is ridiculous.

09:37:24 We talk about all the money that we use to make the city

09:37:29 work.

09:37:31 We can spend $6 million on restoration of pools, but we

09:37:36 can't take any money to help about eight people that are

09:37:40 stuck in this situation.

09:37:43 When I got 28 news to do their interview, no one in the park

09:37:48 would show their face, because they were scared that the

09:37:52 manager would throw them out.

09:37:54 They are not aware of their public rights, they are not

09:37:59 aware that they have to go to court, and they can withhold

09:38:03 rent.

09:38:04 If code enforcement is supposed to help compliance, they




09:38:10 also need to help people in this kind of a situation.

09:38:14 I'm sorry, this is just one of many properties that have

09:38:20 code violations going back to 1990.

09:38:25 (Bell sounds)

09:38:26 And still are not into compliance.

09:38:31 The code enforcement department, the entire process is

09:38:35 broken.

09:38:37 And I hope that City Council, number one, asks the

09:38:42 administration in writing what is a public health and safety

09:38:46 issue, and what they are going to do about this department.

09:38:51 Thank you.

09:38:51 >>FRANK REDDICK: Mr. Johnson, when did you take these

09:38:58 pictures?

09:38:59 >> These pictures are from code's own file.

09:39:03 >> They were taken by code?

09:39:04 >> These are taken out of their own files.

09:39:06 I got these from public information.

09:39:08 >> Is this the property located off of Hillsborough Avenue?

09:39:13 >> No.

09:39:16 No.

09:39:16 It's off of Martin Luther King and 19th street.

09:39:20 There's another one right around the corner on 17th

09:39:23 which is worse than this.

09:39:25 But you can also see by this, it hasn't even had a rental

09:39:29 inspection since '05.




09:39:32 >>FRANK REDDICK: Thank you.

09:39:35 Mr. Chair, since these pictures were taken by code, I want

09:39:42 to request that the director of code enforcement department

09:39:49 appear before council at our next regular meeting just to

09:39:52 address this particular matter.

09:39:55 >> Second.

09:39:57 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick, a second

09:39:58 by Mrs. Mulhern for the next regular session.

09:40:01 Clerk, will you give us that date and time?

09:40:04 >>THE CLERK: December 6th at 10:00.

09:40:07 >>CHARLIE MIRANDA: Thank you.

09:40:07 And that's a motion on the floor.

09:40:08 All in favor of the motion signify by saying aye.

09:40:12 Opposed?

09:40:12 The ayes have it unanimously.

09:40:14 And if you have time today come by the office, if we finish

09:40:17 by noon, I will be here.

09:40:18 Thank you very much.

09:40:20 Anyone else in the audience care to speak to any item on the

09:40:22 agenda or off the agenda?

09:40:25 I see no one.

09:40:26 We go to the requests for public reconsideration of

09:40:29 legislative matters from the last prior meeting.

09:40:32 Anyone care to ask the council for any?

09:40:36 I see no one on that either.




09:40:38 We go to page 3, ordinance being presented for first reading

09:40:42 consideration of those ordinances.

09:40:52 Items 4 and 5, need to open those hearings.

09:40:54 >> So moved.

09:41:02 >> Second.

09:41:02 >> Mr. Chairman, you don't need to have public hearings, but

09:41:02 --

09:41:02 >> I know, but It's always been my M.O. and will continue

09:41:06 till the day I die, if I die in office.

09:41:08 Mr. Reddick made the motion, second by Mrs. Mulhern.

09:41:11 All in favor?

09:41:12 Opposed?

09:41:12 The ayes have it unanimously.

09:41:16 Okay.

09:41:17 We are going to go from right to left today on these

09:41:20 ordinances.

09:41:21 Anyone in the audience care to speak on 4 and 5?

09:41:24 >> Liverpool, 101 East Kennedy Boulevard, Hill, Ward,

09:41:39 Henderson.

09:41:40 Item number 4.

09:41:43 Our firm represents Premier finance LLC.

09:41:47 Morris Massey has been working with staff to correct a

09:41:49 scrivener's error, basically just taking something that was

09:41:53 done in 1984, correct a legal description.

09:41:58 It just corrects legal description and also to include a




09:42:03 little piece of 111th street off of Florida Avenue.

09:42:06 So we ask that you approve it.

09:42:08 Thank you very much.

09:42:09 >>CHARLIE MIRANDA: Thank you very much, sir.

09:42:10 Okay.

09:42:14 We are going to go from right to left.

09:42:16 Mr. Suarez, would you kindly read that ordinance number 4?

09:42:23 >> I move an ordinance for first reading, ordinance amending

09:42:27 ordinance 8577-A, passed and ordained by the City Council of

09:42:32 the City of Tampa on June 14, 1984, correcting a scrivener's

09:42:36 error in the legal description of a certain right-of-way as

09:42:38 described in and vacated by ordinance number 8577-A by

09:42:44 substituting it with a new legal description contained in

09:42:47 section 1 hereof, authorizing the execution of a quitclaim

09:42:51 deed by the City of Tampa in favor of Ferman premiere

09:42:56 finance LLC for the vacated right-of-way providing for

09:42:59 severability, providing an effective date.

09:42:59 >> Second.

09:43:01 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez.

09:43:03 I have a second by Mr. Cohen.

09:43:04 All in favor of the motion please indicate by saying aye.

09:43:06 Opposed nay.

09:43:07 The ayes have it unanimously.

09:43:08 >>THE CLERK: Motion carried with Capin being absent and the

09:43:12 second reading of the ordinance will be held December




09:43:15 6th at 9:30 a.m.

09:43:20 >>CHARLIE MIRANDA: Number 5.

09:43:21 Mr. Reddick.

09:43:22 >> Move an ordinance presented for first reading

09:43:27 consideration, an ordinance approving historic preservation

09:43:30 property tax exemption application relative to restoration,

09:43:34 renovation or rehabilitation of certain property owned by

09:43:38 Storington corporation, Walter Aye located 1829-1833 East

09:43:45 7th Avenue and 1710 north 19th street, Tampa, Florida in

09:43:50 the Ybor City historic district, based upon certain

09:43:53 findings, providing for notice to the property appraiser of

09:43:57 Hillsborough County, providing for severability, providing

09:44:00 for repeal of all ordinances in conflict, providing an

09:44:02 effective date.

09:44:03 >> Second.

09:44:04 >>CHARLIE MIRANDA: I have a second by Mr. Suarez.

09:44:06 All in favor of the motion please indicate by saying aye.

09:44:09 Opposed nay.

09:44:09 The ayes have it unanimously.

09:44:11 Thank you all very much.

09:44:11 >>THE CLERK: Motion carried with Capin being absent.

09:44:14 And the second reading of the ordinance will be held

09:44:17 December 6th at 9:30 a.m.

09:44:20 >>CHARLIE MIRANDA: Thank you.

09:44:20 We go to committee reports, if I may.




09:44:22 Public Safety Committee, chair Mr. Frank Reddick.

09:44:26 >>FRANK REDDICK: Move items 6 through 12.

09:44:29 >>HARRY COHEN: Second.

09:44:31 >>CHARLIE MIRANDA: Seconded by Mr. Cohen.

09:44:32 All in favor of the motion indicate by saying aye.

09:44:35 Opposed nay.

09:44:35 The ayes have it unanimously.

09:44:37 Parks, Recreation, Culture Committee chair, Mrs. Mary

09:44:43 Mulhern.

09:44:44 >>MARY MULHERN: I believe item 18 has been removed from the

09:44:46 agenda.

09:44:47 Is that right?

09:44:47 >>CHARLIE MIRANDA: Yes.

09:44:48 >>MARY MULHERN: I move items 14 through 18.

09:44:55 >>CHARLIE MIRANDA: I have a second by Mr. Reddick.

09:44:56 All in favor of that motion?

09:44:58 The ayes have it unanimously.

09:44:59 Public Works Committee chair, Mr. Mike Suarez.

09:45:02 >>MIKE SUAREZ: I move items 19 and 20.

09:45:06 >>CHARLIE MIRANDA: I have a second by Mr. Cohen on 19 and

09:45:10 20.

09:45:11 All in favor of that motion please indicate by saying aye.

09:45:13 Opposed nay.

09:45:14 The ayes have it unanimously.

09:45:16 Finance Committee chair, Mr. Harry Cohen.




09:45:18 >>HARRY COHEN: I move items 21 through 33.

09:45:25 >>CHARLIE MIRANDA: I have a second by Mrs. Mulhern.

09:45:26 All in favor of that motion indicate by saying aye.

09:45:28 Opposed nay.

09:45:29 Eyes have it unanimously.

09:45:31 Building and zoning committee and preservation chair, Mrs.

09:45:34 Lisa Montelione.

09:45:35 >>LISA MONTELIONE: I move items 34 through 52.

09:45:38 >> Second.

09:45:43 >>CHARLIE MIRANDA: And I believe 41.

09:45:46 >>MARTIN SHELBY: Mr. Chairman, I believe that's 46.

09:45:49 46.

09:45:51 >>CHARLIE MIRANDA: 46?

09:45:52 I have a motion by Mrs. Montelione.

09:45:57 Seconded by Mr. Suarez.

09:46:04 52 is one that has to be read so we will go to 51, with your

09:46:08 permission, and please read 52.

09:46:11 >>LISA MONTELIONE: Public meeting will be held regarding a

09:46:22 proposed brownfield area designation for the property owned

09:46:26 by Trademark Metals Recycling LLC totaling approximately 3.2

09:46:32 acres located near the intersection of east 9th Avenue

09:46:39 and 71st street with a business address of 6912 east

09:46:44 9th Avenue, Tampa, Florida.

09:46:47 The public meeting will be held at east Chelsea Baptist

09:46:51 church located at 7225 east Chelsea street, Tampa, Florida,




09:46:58 33610, on December 10th, 2012, between 6 p.m. and 7 p.m.

09:47:07 >>CHARLIE MIRANDA: That goes along with the reading of her

09:47:09 committee report on 52.

09:47:11 That was a motion by Mrs. Montelione, second by Mrs. Mulhern

09:47:16 on a close vote with Mr. Suarez.

09:47:18 All in favor?

09:47:19 The ayes have it unanimously.

09:47:20 Transportation committee, vice chair Mr. Frank Reddick.

09:47:23 >>FRANK REDDICK: Move item 53.

09:47:26 >> Second.

09:47:27 >>CHARLIE MIRANDA: I have a second by Mr. Cohen.

09:47:28 All in favor of that motion please indicate by saying aye.

09:47:31 Opposed nay.

09:47:32 The ayes have it unanimously.

09:47:34 I need to set public hearing notices for item 54 and 55 for

09:47:39 January -- December 13th and January 10th.

09:47:48 Motion by Mrs. Mulhern, second by Mr. Cohen.

09:47:50 All in favor of that motion?

09:47:51 Opposed?

09:47:52 The ayes have it unanimously.

09:47:53 Now, we have staff reports which we are running such a great

09:47:57 meeting today because I have got great people that are

09:48:00 sitting on this council, and I guess I can do the staff

09:48:03 reports before 10:00, according to the laws of the land,

09:48:07 City of Tampa.




09:48:09 So we'll go through items 56 through 58.

09:48:17 Staff report on 56.

09:48:18 >> Mike her railroad HERR, we are asking an agreement

09:48:32 between Southwest Florida Water Management District,

09:48:35 Hillsborough County and City of Tampa for the duck pond

09:48:39 implementation.

09:48:40 This is a large drainage project in north Tampa.

09:48:43 We have been fortunate to receive some additional funds from

09:48:50 SWFWMD to help with us this project: $1,122,168, to be

09:48:56 exact.

09:49:00 And SWFWMD has -- in their nomenclature they refer to this

09:49:04 as a new agreement, but really it's an old agreement, and we

09:49:08 are simply amending to allow us to accept the grant dollars.

09:49:13 So it's a good news item, and I'm pleased to report that

09:49:20 pumping station is currently under construction and we look

09:49:22 for it to be finished in December of 2013.

09:49:25 >> Thank you.

09:49:26 Any questions by council members at this time?

09:49:28 Thank you very much for that report.

09:49:29 >> Move 56.

09:49:33 >> Motion by Mr. Suarez, seconded by Mrs. Montelione.

09:49:38 All in favor of that resolution?

09:49:40 Opposed?

09:49:40 The ayes have it unanimously.

09:49:44 57.




09:49:44 Number 57.

09:49:45 >> Good morning, council chair, Greg Bayor, director of

09:49:52 parks and recreation, to elaborate a little more on why it's

09:49:55 a great opportunity to buy this property.

09:49:59 We have a trail that goes from Bayshore to Picnic Island.

09:50:04 A lot this site is there with water, sewer, bathroom,

09:50:15 parking, public access points, it alleviates issues that

09:50:24 come to the appraised value, a much better deal than that

09:50:30 and does not impact our operating funds, comes out of the

09:50:35 account for land acquisition.

09:50:36 >>LISA MONTELIONE: Mr. Bayor, how many use that trail?

09:50:42 Do we know how used that trail is?

09:50:51 >> No.

09:50:52 There's no count.

09:50:58 Quite frankly, a lost it is proposed for the bike master

09:51:01 plan for the city.

09:51:02 >> So the purpose of the trail -- and I know that a

09:51:08 concerted effort is being made to provide avenues to connect

09:51:13 people with either recreational activities or work without

09:51:21 bicycle or walking, or low impact way.

09:51:28 Is this trail part of that effort?

09:51:30 Or is this recreation?

09:51:33 >> It's a combination.

09:51:34 I can't help when you say take account, when driving down

09:51:37 Bayshore and you see an overwhelming use of that, for those




09:51:42 folks who would like to take a longer stroll or connection.

09:51:46 That's a wonderful opportunity there.

09:51:48 And trying desperately to get more people, the greatest

09:51:53 assets in the city is Picnic Island, so we can tie that loop

09:51:56 together, down in Port Tampa with the gazebo issue last

09:52:00 year, they were just as excited about the trail as they were

09:52:02 the gazebo.

09:52:04 So this is in the collection of the city.

09:52:05 >> And I haven't been out to the site, but reviewing the

09:52:10 photographs that I have seen, is this piece of property --

09:52:19 it looked through the photographs as a trail on the side of

09:52:22 the property.

09:52:22 >> It does run on the side of the property.

09:52:24 So ---

09:52:32 >> The reason why I'm asking those questions is because a

09:52:36 quarter of a million dollars is a lot of money.

09:52:38 >> Yes, it is.

09:52:39 >>LISA MONTELIONE: And some of the facilities you and I

09:52:42 toured, there are a -- there's a lot of need and a lot of

09:52:46 other places, with a community meeting.

09:52:50 As you know, we walked into the gymnasium, and the ceiling

09:52:53 is actually falling down.

09:52:55 I mean, the insulation from the ceiling is literally hanging

09:52:59 over the courts.

09:53:01 >> Absolutely.




09:53:03 >>LISA MONTELIONE: So it's difficult for me to say this

09:53:09 piece of property at $280,000 is a timely use of the money.

09:53:16 So with so many really important needs, that we have the

09:53:26 facilities that are in disrepair, or simply not open for one

09:53:32 reason or another, I have a difficult time with spending

09:53:38 money to purchase a piece of property.

09:53:41 I understand that the park has been looking at acquiring it

09:53:47 for a while, and the owner hasn't wanted to sell it to us,

09:53:50 and now the property is vacant, the tenant moves out.

09:53:54 I understand that timing is everything in real estate

09:53:57 acquisition, but I just think that we have a lot of other

09:54:01 uses for a quarter of a million dollars.

09:54:06 >>CHARLIE MIRANDA: Thank you very much.

09:54:06 Any other council members?

09:54:08 Mr. Bayor, are you addressing both A and B with your

09:54:11 presentation now or do it both separately? You did both of

09:54:13 them. I have a motion by Mr. Cohen to move the resolution

09:54:31 on 57.

09:54:32 Second by Mr. Reddick.

09:54:34 Further discussion by council members?

09:54:36 All in favor of the motion please indicate by saying aye.

09:54:38 Opposed?

09:54:40 Motion passes 5-1.

09:54:44 Okay.

09:54:45 We go to item number 58.




09:54:47 58.

09:54:48 >> Mike Herr, administrator public works and utility

09:54:58 services.

09:54:59 Item 58 is a resolution accepting a proposal from Suncoast

09:55:03 development of Pinellas County, Inc., pertaining to

09:55:07 contract, and you have the number listed in your agenda item

09:55:10 for the orient road force main replacement project in the

09:55:13 amount of 1,451,078.40.

09:55:19 We are asking for authorization to execute by the mayor.

09:55:26 There were five bids for this project.

09:55:27 The project provides for the replacement of approximately

09:55:31 5,900 linear feet of cast iron and 1,200 linear feet of

09:55:39 wastewater force main with PVC pine.

09:55:43 The force main has a history of multiple failures, and it's

09:55:46 in danger of failing due to internal corrosion.

09:55:49 The replacement enhances the city's reliabilities in

09:55:54 maintenance.

09:55:54 We ask for your approval.

09:55:56 I think this project is a good example of our continued

09:56:00 investment in our infrastructure to rehab it before it

09:56:02 fails.

09:56:04 >>CHARLIE MIRANDA: Thank you.

09:56:04 Any questions by council members?

09:56:06 >>FRANK REDDICK: Move the resolution.

09:56:09 >>CHARLIE MIRANDA: Seconded by Mrs. Montelione, I believe.




09:56:11 All in favor of that resolution please indicate by saying

09:56:13 aye.

09:56:14 Opposed nay.

09:56:14 The ayes have it unanimously.

09:56:17 All right.

09:56:17 Now we have public hearings that start at 10:00 and we are

09:56:22 seven minutes from that, so we can, I think, take a

09:56:27 seven-minute break and come back.

09:56:30 We stand in recess till 10:00.

09:56:35 >>CHARLIE MIRANDA: City Council is called back to session.

10:05:51 Roll call.

10:05:51 >>MIKE SUAREZ: Here.

10:05:54 >>MARY MULHERN: Here.

10:05:55 >>HARRY COHEN: Here.

10:05:56 >>LISA MONTELIONE: Here.

10:05:57 >>CHARLIE MIRANDA: Here. Okay.

10:06:00 We are on item number 59.

10:06:02 59.

10:06:03 This is a continuation, our quasi-judicial proceedings, so

10:06:10 if you are going to testify on 59, you must be sworn in.

10:06:14 (Oath administered by Clerk)

10:06:21 This is a public hearing.

10:06:30 We open 59.

10:06:32 Need a motion to open.

10:06:33 Motion to open by Mrs. Mulhern, seconded by Mr. Suarez.




10:06:37 All in favor of the motion please indicate by saying aye.

10:06:40 Opposed nay.

10:06:41 The ayes have it unanimous.

10:06:42 Item number 59 is now open.

10:06:44 Yes, ma'am.

10:06:44 >> Abbye Feeley, Land Development Coordination.

10:06:48 Item number 59 was actually heard by you on November

10:06:50 8th.

10:06:51 It was an evening public hearing.

10:06:53 It was a PD request for a drive-through window.

10:06:56 It was PD done several years ago for a restaurant.

10:07:03 Part of the restaurant was constructed.

10:07:07 Now the applicant is coming back asking to add a

10:07:09 drive-through window to that restaurant.

10:07:16 The case was continued that evening in order to address a

10:07:19 couple of items, the biggest was a grand tree.

10:07:21 There's a grand tree on the site in proximity to the

10:07:24 building where the drive-through is going to be located.

10:07:27 There was also access on north A street that was requested

10:07:31 to be channelized so it wouldn't going back into the

10:07:36 neighborhood.

10:07:38 Transportation has a standing objection to that.

10:07:42 Access in was allowed because solid waste needed the access.

10:07:45 There was discussion of hours of operation.

10:07:48 There was also discussion related to a management plan for




10:07:52 the preservation of the tree, as well as if the tree died

10:07:57 within ten years, replace.

10:08:02 Treat, either new planting on the site or payment of the

10:08:05 tree bank.

10:08:08 Brans were submitted to Land Development Coordination on

10:08:10 October 29th, and I have outlined for you in the bullet

10:08:14 in my memorandum the changes that were made.

10:08:17 There was channelized driveway or north street headed back

10:08:21 toward Nebraska Avenue.

10:08:23 Hours of operation were added to the drive-through window.

10:08:26 The window only, not the restaurant portion.

10:08:30 That would be from 10 a.m. to 11 p.m. Sunday through

10:08:33 Wednesday and from 10 a.m. till 1 a.m. Thursday through

10:08:37 Saturday.

10:08:40 Choosing to extend to 2 a.m.

10:08:43 Those six holiday were not specified.

10:08:46 I don't know how that could possibly be enforced, if they

10:08:51 are going to notify us, whether they should put them on the

10:08:55 plan between first and second reading.

10:08:57 That would be discussion of council since that was the

10:09:02 direction that was provided by you to the applicant.

10:09:05 There were some notations added for the protection of the

10:09:09 48-inch tree.

10:09:10 As you will see on the comments provided by natural

10:09:13 resources, some of that those conditions are still lacking




10:09:20 detail, and we really need to know what they mean, such as

10:09:23 item 4 under that, remedial treatment of tree.

10:09:28 The applicant testified, they said they were going to do

10:09:31 certain things to the tree on a certain basis and a certain

10:09:34 schedule.

10:09:35 That hasn't been specified on the plan.

10:09:37 So that's still kind of unclear, although some commitments

10:09:41 have been made.

10:09:43 It's not to the degree that we can actually track it,

10:09:48 implement it, or enforce it.

10:09:51 The notation for the tree dying, the notation was added that

10:09:55 indicates the tree dies within ten years from approval of

10:09:57 this rezoning.

10:09:59 The owner-developer will try to replace inch for inch within

10:10:02 the property.

10:10:03 If they can't, then they will pay $150 per inch which is

10:10:07 standard code right now.

10:10:10 Cross sections of the proposed pier and lintel designs were

10:10:15 added to the plan and the extension of the 6-foot high PDC

10:10:19 fence along the southeast corner of the property along north

10:10:21 I received comments from natural resources, transportation,

10:10:28 and also solid waste.

10:10:29 I have provided those comments to the applicant.

10:10:32 Some of them outline modifications that need to be made in

10:10:36 between first and second reading.




10:10:39 There are still standing objections from natural resources

10:10:42 in relation to the tree.

10:10:46 I believe Mrs. Danielle was on her way out the door with me

10:10:51 so she should be here momentarily.

10:10:53 There's still standing objection from transportation related

10:10:55 to the access.

10:10:57 They also added, if it's your pleasure to approve the

10:11:00 access, that a right turn only sign would need to be added.

10:11:05 And lastly, there were comments from solid waste that the

10:11:08 minimum qualifications, or the minimum dimensions as shown

10:11:10 on the driveway are minimum to require for the site to be

10:11:14 serviced by the solid waste vehicle in the dumpster's

10:11:19 current location.

10:11:21 Staff is available for any questions.

10:11:22 I'm happy to go over any other parameters of the case you

10:11:25 may like to discuss, and the modifications as outlined in

10:11:32 the memo would need to be made between first and second

10:11:35 reading along with other details of what staff is

10:11:37 requesting.

10:11:39 >>CHARLIE MIRANDA: Thank you very much.

10:11:39 Petitioner?

10:11:59 Anyone representing 6401 north Nebraska Avenue?

10:12:02 No one is here from that side?

10:12:19 >> Mr. Alsabbagh, I did talk to him yesterday.

10:12:28 I know he knows the hearing is this morning.




10:12:30 There was no computer or telephone for the first hour we

10:12:32 were there.

10:12:33 So I don't know if he tried to contact me.

10:12:35 I can try --

10:12:38 >>CHARLIE MIRANDA: I am not going to go there.

10:12:39 But he knew this from the night meeting the other day, the

10:12:43 petitioner knew that we set it for this morning, and they

10:12:45 are not even here.

10:12:51 Well, I don't know if I can proceed with this.

10:12:54 I will listen to the public.

10:12:56 >>MARTIN SHELBY: Mr. Chairman, it would be my

10:12:58 recommendation, if it's the pleasure of council, to hold

10:13:00 this until the petitioner comes.

10:13:03 Just to remind council, 27-395 does say appearance by

10:13:07 applicant.

10:13:08 The applicant or his authorized agent shall appear in

10:13:11 support of his application at the public hearing.

10:13:14 Failure to do so appear, absent good cause shown, may be

10:13:18 grounds for considering the application withdrawn pursuant

10:13:21 to 27-395 below.

10:13:23 It's the pleasure of council.

10:13:25 >>CHARLIE MIRANDA: Let me say this since I didn't phrase it.

10:13:27 Anyone that is not the petitioner, that is the petitioner's

10:13:30 representative, come forward.

10:13:35 I see no one.




10:13:37 So, yes, ma'am?

10:13:42 >>JULIA MANDELL: Legal department.

10:13:43 I just confirmed with Ms. Feeley.

10:13:46 Although you did have a hearing during the night meeting, it

10:13:50 was continued to today, there were changes submitted by the

10:13:53 applicant.

10:13:53 So in a sense this is also part of the first reading.

10:13:56 So that provision of code would apply, and I know we

10:14:01 typically give a little extra time.

10:14:03 And I would probably make that recommendation that maybe you

10:14:05 move on to another case.

10:14:07 But at some point if he does not appear, then I think that

10:14:10 the section that Mr. Shelby read will be applicable.

10:14:15 >>CHARLIE MIRANDA: Mr. Cohen?

10:14:16 >>HARRY COHEN: I just want to point out that this was

10:14:18 scheduled for 10:00 and everything else we have to consider

10:14:20 this morning is scheduled at 10:30.

10:14:23 So we can't move on to anything in the next 15 minutes.

10:14:29 It's not a question of us being able to --

10:14:33 >>JULIA MANDELL: You have the authority to take action to

10:14:34 consider it withdrawn at this point.

10:14:36 It was continued to this time.

10:14:37 We have confirmation from Mrs. Feeley that in fact the

10:14:42 applicant did know about the time, but keep in mind if you

10:14:45 do consider it withdrawn and we take that action, we can't




10:14:47 come back from that action unless he shows up in ten

10:14:50 minutes.

10:14:51 >>CHARLIE MIRANDA: I understand.

10:14:52 Mrs. Mulhern.

10:14:53 >>MARY MULHERN: I would like to recommend that maybe we

10:14:56 hold this and we can take up new business.

10:15:00 >>CHARLIE MIRANDA: We'll just hold it until we do this.

10:15:02 We have a 10:30 but we aren't going to take a long break.

10:15:06 We are going to go to new business by the council for

10:15:09 information.

10:15:10 And we'll go at this time to council.

10:15:14 Mr. Reddick, anything?

10:15:16 >>FRANK REDDICK: Just one item.

10:15:19 I would like to invite the big brothers big sisters of Tampa

10:15:24 Bay to provide a ten-minute presentation on the program for

10:15:29 the first meeting in January, on January 10th at 9 a.m.

10:15:35 >> I have a motion by Mr. Reddick.

10:15:36 I have a second by Mr. Suarez.

10:15:38 All in favor of that motion please indicate by saying aye.

10:15:41 Opposed nay.

10:15:42 The ayes have it unanimously.

10:15:43 Anything else, Mr. Reddick?

10:15:45 >>FRANK REDDICK: That's it.

10:15:46 >>MIKE SUAREZ: I have nothing at this time.

10:15:47 >>CHARLIE MIRANDA: You are the best, Mr. Suarez.




10:15:48 >>MARY MULHERN: I have one piece of new business.

10:15:57 I would like to make a motion to present a commendation to

10:16:00 Linda Carbone, CEO of the American Red Cross Tampa Bay

10:16:05 chapter and Florida west coast region, and also a

10:16:09 commendation to the founders and the board of the Red Cross

10:16:12 angels.

10:16:13 They had their annual -- the Red Cross angels of Tampa Bay

10:16:17 had their annual coffee yesterday, I believe, and it was

10:16:22 very, very impressive what they do.

10:16:24 And I would like to just commend what our Florida chapter

10:16:28 has done for hurricane Sandy on the east coast, but also

10:16:36 what they do every day here that I don't even know if people

10:16:40 are aware that the Red Cross, local Red Cross is one of the

10:16:43 first responders, that anytime there is a fire, or any kind

10:16:48 of problem where people have lost their housing because of

10:16:54 an emergency fire, they come to the rescue, and I would like

10:16:59 to give them that commendation.

10:17:02 At this time we are still trying to figure out what date.

10:17:05 So I will come back with a date.

10:17:06 >> Second.

10:17:07 >>CHARLIE MIRANDA: I have a motion by Mrs. Mulhern, a second

10:17:09 by Mrs. Montelione.

10:17:10 All in favor of that motion?

10:17:12 Opposed?

10:17:13 The ayes have it unanimously.




10:17:14 >>LISA MONTELIONE: Mrs. Mulhern, as one of the newest

10:17:19 members of the angels, I will be here, whatever date that

10:17:21 is.

10:17:26 >>CHARLIE MIRANDA: Mr. Cohen?

10:17:36 >>LISA MONTELIONE, no I don't.

10:17:49 Well, I would like to show my trophy.

10:17:53 First place -- he wants me to use 14 minutes.

10:17:56 >>CHARLIE MIRANDA: No, I don't.

10:17:57 >>LISA MONTELIONE: First place winner, first chef table.

10:18:06 We were in a competition last night, Councilman Cohen and

10:18:10 chair Miranda and I, along with others at the convention

10:18:13 center.

10:18:14 We were invited to meet the chef and those who work hard in

10:18:19 the kitchens of our convention center.

10:18:22 And my team won.

10:18:26 So all I can say is don't mess with an Italian cook who has

10:18:31 sharp knives.

10:18:36 It was a lot of fun.

10:18:46 I have to say that the folks in that convention center

10:18:50 worked really, really hard.

10:18:52 And you don't realize it when you go there.

10:18:54 And you are sitting and you serve the meal, whether it's

10:18:57 lunch or dinner, and to see the facility, how small that

10:19:03 kitchen really is, that they are churning out those meals

10:19:08 from and always having great service and great quality.




10:19:12 And fantastic energy.

10:19:13 I mean, all the folks who were there last night just

10:19:18 displayed a great sense of humor, and working with those of

10:19:23 us who maybe are not as, you know, used to being in the

10:19:28 kitchen or preparing.

10:19:34 [ Laughter ]

10:19:35 Just because we have the best team with the best skills

10:19:38 because, you know, I was paired with some really wonderful

10:19:43 people last night.

10:19:44 >> Well, we are so happy you got that award.

10:19:51 However, south of Kennedy treated like it was an election in

10:19:58 Dade County.

10:19:59 All the votes were not taken and not counted, and Mrs.

10:20:02 Montelione, I really appreciate the work that you all did.

10:20:05 It was a wonderful evening.

10:20:06 You all worked hard.

10:20:07 And they gave you that wonderful award.

10:20:09 But after you left, they had a recount.

10:20:16 And like I said, they came back and they had this.

10:20:29 [ Laughter ]

10:20:30 And you are now third place.

10:20:45 Those are trophies that I won a long time ago.

10:20:47 >> Chairman Miranda and I stormed out of the room after Lisa

10:21:02 won.

10:21:03 >>LISA MONTELIONE: They did.




10:21:05 And I can tell you that being on the losing end does not fit

10:21:09 well with either of them.

10:21:11 And I can also tell you that my significant other talked

10:21:13 about the win the entire way home.

10:21:16 You know, he's a very competitive person.

10:21:18 And that's all I heard about was how "we won" and we came

10:21:24 home with the trophy.

10:21:25 >>MIKE SUAREZ: I think we are doing a disservice to the

10:21:27 public at this moment to say welcome to iron chef Tampa, as

10:21:33 we wait for our 10:00 30 hearing.

10:21:35 And the other day when you announced your award, now what

10:21:38 the definition of a golf class is, alive but not too

10:21:43 enthusiastic?

10:21:44 I think the other colleagues you had here pretty much

10:21:48 exemplify --

10:21:51 >> Now that you brought up golf, I can say this is a stellar

10:21:54 week for me.

10:21:55 My son who is a golfer got a hole in one in a tournament

10:21:59 yesterday.

10:22:00 234 yards from the tee and right in the hole.

10:22:11 It was a golf ball.

10:22:14 He finished the round with 69.

10:22:17 >>CHARLIE MIRANDA: Well, thank you very much.

10:22:18 I don't know what else to do.

10:22:20 I have got another eleven minutes so we are going to go into




10:22:23 recess so I can sign these resolutions and ordinances.

10:22:26 Thank you.

10:22:27 We are going to take a recess for eleven minutes.

10:22:35 >>CHARLIE MIRANDA: City Council is called back in session.

10:33:10 Roll call.

10:33:11 >>MIKE SUAREZ: Here.

10:33:12 >>FRANK REDDICK: Here.

10:33:16 >>HARRY COHEN: Here.

10:33:17 >>LISA MONTELIONE: Here.

10:33:18 >>CHARLIE MIRANDA: Here.

10:33:19 Okay. We are on item number 59.

10:33:21 Petitioner has arrived, I believe, and he wants to say

10:33:24 something to the council.

10:33:25 Petitioner on 59?

10:33:26 >> J.D. Alsabbagh. I'm with Sycamore Engineering, 8370 W.

10:33:31 Hillsborough Avenue, suite 205, Tampa 33615, and I have not

10:33:36 been sworn.

10:33:39 >>CHARLIE MIRANDA: Be sworn now.

10:33:40 Raise your right hand.

10:33:41 (Oath administered by Clerk)

10:33:48 First, I really apologize for the delay.

10:33:50 Unfortunately, between here and there makes the delay.

10:33:59 On behalf of the owner and applicant, I am an agent to him,

10:34:03 I would like to submit a letter of request for withdrawal

10:34:07 for the zoning.




10:34:09 >>CHARLIE MIRANDA: You would like to withdraw on number 59?

10:34:11 >> Yes, please.

10:34:15 Of course, if you want a statement from him.

10:34:18 After careful consideration, we are considering the

10:34:23 viability of the present project and does not warrant the

10:34:26 risk of failure and opposition from the community.

10:34:31 We may consider or reconsider at some time in the future.

10:34:35 However, for now, we are withdrawing our application.

10:34:38 >>CHARLIE MIRANDA: Okay.

10:34:39 I need a motion.

10:34:42 I need to close the public hearing.

10:34:45 >> Move to close.

10:34:47 >>CHARLIE MIRANDA: Motion by Mr. Reddick, second by Mr.

10:34:49 Suarez to close the public hearing on item 59.

10:34:51 All in favor of that motion?

10:34:53 Opposed?

10:34:53 The ayes have it unanimously.

10:34:55 Now I need a motion from the council to allow the withdrawal

10:34:58 of item number 59.

10:35:00 I have a motion to withdraw from Mr. Cohen, seconded by Mr.

10:35:04 Suarez on a close vote with Mr. Montelione.

10:35:06 All in favor of the motion please indicate by saying aye.

10:35:08 Opposed nay.

10:35:09 The ayes have it unanimously.

10:35:10 Item number 59 is withdrawn.




10:35:12 Thank you all very much for attending.

10:35:14 I appreciate it very much.

10:35:16 Now we go -- need to open public hearings 60 through 66.

10:35:20 >> So moved.

10:35:22 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen to open

10:35:23 number 60 through 66.

10:35:25 >> Second.

10:35:27 >>CHARLIE MIRANDA: All in favor of that motion please

10:35:29 signify by saying aye.

10:35:30 Opposed nay.

10:35:31 The ayes have it unanimously.

10:35:32 These are quasi-judicial proceedings, so anyone who is going

10:35:37 to speak on item 60 through 66 shall be sworn in.

10:35:42 The clerk will swear you in.

10:35:44 Please stand up if you think you have any idea that you are

10:35:47 going to speak on items 60 through 66, please get sworn in.

10:35:51 (Oath administered by Clerk)

10:35:53 >>CHARLIE MIRANDA: The hearings are open.

10:36:05 People are sworn in.

10:36:06 And now we go to item number 60, which is first.

10:36:26 >> Application V-12-297, Foley and Lardner LLP.

10:36:52 The review committee finds the application inconsistent with

10:36:55 City of Tampa land development regulations.

10:36:58 The current zone is CI commercial intensive.

10:37:02 The proposed special use is alcohol beverage sales, bar,




10:37:06 lounge, beer wine and liquor, consumption on premises only.

10:37:11 They are asking for four waivers.

10:37:13 We got the minimum distance separation of 1,000 to 325 feet

10:37:17 for residential uses.

10:37:18 Reduction of required minimum distance separation 1,247 feet

10:37:24 for other establishments selling alcoholic beverage.

10:37:27 Reduction required parking from 113 to 55.

10:37:30 And to allow maneuvering in the right-of-way along Dale

10:37:33 Mabry Highway.

10:37:48 This is the subject site right here.

10:37:50 The Tampa stadium, we have a close-up to the north.

10:37:56 We have the odyssey and Mons Venus across the street.

10:38:02 Down Dale Mabry Highway, this is the subject location of the

10:38:09 building.

10:38:10 Of the site.

10:38:15 The view of subject property.

10:38:19 Looking east.

10:38:27 For now along the south side along cherry street looking

10:38:31 towards the north, the second floor.

10:38:36 Again looking east on cherry street.

10:38:40 South on Dale Mabry highway.

10:38:48 And to the west.

10:38:49 Again looking south.

10:38:53 According to the application the site is occupied than by an

10:38:57 existing 2-story retail building.




10:39:02 This requested proposal is to create 3,612 square feet of

10:39:06 outside sales consumption area for total resales of 2,370

10:39:12 square feet.

10:39:13 The site currently utilizes a very small surface parking

10:39:16 area for the site under the site plan towards Dale Mabry

10:39:20 which contains two handicapped spaces.

10:39:26 Proposes to develop 53 additional parking spaces on an

10:39:29 adjacent lot.

10:39:30 The applicant is proposing to waive the required parking

10:39:32 from 113 to 55.

10:39:36 I think I have some pictures of that, of the lot area.

10:39:44 This is the north side of the property on Palmetto, the area

10:39:47 in general.

10:39:51 Here is the glass area that goes back towards the east from

10:39:54 Dale Mabry.

10:39:56 Another look at that property.

10:39:58 And this is Sterling Avenue.

10:40:00 The closest residential to that property.

10:40:07 Land development finds it inconsistent due to the decrease

10:40:10 in parking.

10:40:12 Based on the occupant load shown the site plan which is 450

10:40:15 occupants, 113 parking spaces are required.

10:40:19 The site maintains two spaces which does not comply with

10:40:22 currents standards.

10:40:24 Create an adjacent parking locality, 53 additional parking




10:40:28 spaces for a total of 55.

10:40:32 Council shall consider adverse effects due to consideration

10:40:36 shall be given to potentially adverse effects, joining

10:40:41 nearby properties, the area of the city, use of the

10:40:44 occupancy is proposed, with character, scale and manner.

10:40:50 Basically staff is concerned with the reduction in parking.

10:40:56 Floor plan was requested from the applicant at the time at

10:40:59 the BRC meeting on 8-17-12 which has not been provided at

10:41:04 this time.

10:41:06 With those numerous site plan modifications to the site

10:41:09 plan, transportation also found it find it inconsistent with

10:41:13 the reduction in parking, and solid waste needs access to

10:41:20 the solid waste unit, also find it inconsistent.

10:41:24 >>CHARLIE MIRANDA: Thank you very much, sir.

10:41:28 Petitioner?

10:41:29 >> Kami Corbett, here representing the applicant -- the

10:41:43 owner of the property today, Mr. Mancini and the 2001, and

10:41:50 they are seeking -- there's not a classification.

10:41:54 They want to do a sports pub and grill here in the same vein

10:41:57 of Press Box or a Brickhouse, and that's really what they

10:42:00 are looking for, in order to qualify as a restaurant under

10:42:03 your code they would have to have audited 51% sale of

10:42:07 nonalcoholic beverages.

10:42:09 And so in order to avoid that, they are seeking approval

10:42:12 under the bar and lounge.




10:42:14 They fully intend to have a full kitchen in the sports pub

10:42:18 and grill.

10:42:19 The kitchen will be in operation the entire time of the

10:42:23 hours requested, and really what they are trying to do is a

10:42:26 sports pub and grill and the restaurant restrictions are

10:42:29 just a little bit too restrictive for them.

10:42:33 I would like to hand out, I am going to put it on the Elmo,

10:42:36 but an 11 by 17, so it might be a little difficult --

10:42:41 difficult to see but I would like to pass out some

10:42:43 renderings of what we propose it will look like.

10:42:49 They are planning to make significant architectural

10:43:11 improvements to the building and will buffer and landscape

10:43:13 this and make it look a lot more attractive.

10:43:15 Transportation staff did find it consistent, these two

10:43:19 parking spaces that are here for handicapped parking.

10:43:22 The applicant still is requesting those, because we feel

10:43:25 that ADA compliance is very important, and with the parking

10:43:28 being off-site for the rest of the restaurant didn't think

10:43:32 it was the intent of the ADA to put the parking way over on

10:43:36 the other side of the street.

10:43:37 And we have no objection to FDOT who has the right-of-way

10:43:41 there to backing into the right-of-way and allowing two

10:43:45 handicapped spaces there.

10:43:46 Also, with respect to the request for the waiver on the

10:43:51 parking, we actually believe that our patronage at the




10:43:55 restaurant will seat about 180 to 200 patrons which we have

10:44:00 adequate parking to accommodate.

10:44:01 However, we are in close proximity to Raymond James and the

10:44:06 Yankees stadium and want to get legal approvals for what

10:44:10 that from time to time there may be times that we have up to

10:44:13 400 people within the restaurant area.

10:44:14 We want to be fully approved by that.

10:44:17 And what's really driving parking is how many people are in

10:44:21 the building at any time and that's why we a requested to

10:44:27 have more patronage maybe after a Bucs game or after a bowl

10:44:32 game or Super Bowl game or something like that, or any other

10:44:36 major type sports event like a Super Bowl where we might be

10:44:39 more crowded than on a regular basis and that's why we ask

10:44:43 for the waiver for that.

10:44:44 We have asked for the distance separation waivers.

10:44:46 As you see most of them are related to on the alcohol

10:44:49 beverage uses in the surrounding area.

10:44:50 We are on Dale Mabry.

10:44:52 Not unusual.

10:44:52 But we would have those uses around.

10:44:55 If we were a restaurant, we would only be really requesting

10:44:58 a three foot waiver.

10:45:02 So really for the use that we are proposing, we think that

10:45:04 we are very consistent and will improve the neighborhood

10:45:08 where we are.




10:45:09 We have noticed this.

10:45:10 We had no objections that we are aware of from any of the

10:45:13 surrounding neighbors.

10:45:14 We have had support from surrounding neighbors.

10:45:16 We worked with them to agree to make sure we are properly

10:45:18 Buford on the south side, and we are respectfully requesting

10:45:24 approval of this special use specifics.

10:45:27 I'm here to answer any questions, and also the renter of the

10:45:33 property is here if you are interested from hearing him as

10:45:36 well.

10:45:36 >> You have 15 minutes, so your lessor can come up and make

10:45:42 the case.

10:45:42 >>> Hello. 708 Harbor Island, Clearwater beach, Florida.

10:45:59 I just wanted to state that we leased this property now for

10:46:03 going object 15 years, and the last five years this building

10:46:05 has sat vacant.

10:46:07 We have dealt with basically sitting there with our hands

10:46:11 tied on what could be done with the property.

10:46:13 We have had numerous tenants approach us that would be

10:46:17 subtenants that have the bar and gill concept.

10:46:20 One is named Evie's Sports Pub and Grill from Sarasota, and

10:46:24 they found it cost prohibitive ultimately to accomplish what

10:46:27 they were after.

10:46:28 So we decide add year ago that we would make an attempt

10:46:31 ourselves to tray to accomplish the same.




10:46:34 My personal phone number has been on this building for the

10:46:36 last three years with people calling.

10:46:39 We have hub cap stores, we have retail uses that wouldn't be

10:46:44 functional at the property.

10:46:46 So we feel this is the highest and best use for the

10:46:48 property.

10:46:50 Besides an intense beautification of what currently exists

10:46:53 there.

10:46:53 So that's why we respectfully request these variances to

10:46:57 accommodate what we have.

10:46:58 Also reference to the 51/49, we thought we would just be

10:47:03 totally outfront and honest and say we would like to ask for

10:47:06 a variance from that for the full 4(COP) because we are

10:47:12 close to the stadium and it is possible after the stadium --

10:47:14 I'm sure all of you everybody there when the stadium let's

10:47:17 out -- it is possible there would be peek times the numbers

10:47:22 rise to a 400 number.

10:47:25 >>CHARLIE MIRANDA: Thank you.

10:47:25 Any questions by council members?

10:47:26 Ms. Mulhern?

10:47:27 >>MARY MULHERN: Can I just ask you?

10:47:29 I'm looking at the overhead.

10:47:32 What is the building on cherry street that's just east of

10:47:36 you?

10:47:39 >> It was an insurance company, and now it's like a




10:47:43 telemarketing.

10:47:44 It's a two-story.

10:47:45 >> It's an office?

10:47:46 >> It's an office building.

10:47:47 And there is currently a six foot white concrete block wall

10:47:51 that completely surrounds their property.

10:47:53 So it's directly behind 2301 Dale Mabry.

10:47:56 There's a separation wall.

10:47:57 And then all along where the parking lot would be, that

10:48:00 block wall is already in place.

10:48:02 I would like to add, our beautification to also the parking

10:48:05 area besides the lot that's proposed for the pub and grill,

10:48:10 I'm also in the landscape business, so I'm very interested

10:48:12 in the palm trees and the landscape and the beautification

10:48:16 to satisfy the appearances that would be needed, actually go

10:48:21 above and beyond what's required.

10:48:27 >>CHARLIE MIRANDA: Any other questions?

10:48:28 Thank you. This is a public hearing.

10:48:37 >> I failed to comment with our sanitation waste comments

10:48:38 with respect to the drive aisle, we are perfectly fine with

10:48:41 making those changes to the site plan between first and

10:48:43 second reading.

10:48:45 Again, also, if you are not inclined to support the parking

10:48:47 waiver, we can support a use there with the required

10:48:53 parking, with this number of patrons.




10:48:58 >>CHARLIE MIRANDA: Thank you.

10:48:58 Anyone in the audience care to speak to item number 60,

10:49:01 please come forward.

10:49:02 Item number 60.

10:49:07 The attorney for the legal department regarding alcoholic

10:49:09 beverage zonings, there were statements made, first of all,

10:49:19 I know the building very well as the rest of them do, and

10:49:21 I'm not saying they won't do this.

10:49:25 They can get the liquor license, in this case in theory,

10:49:30 they can get the liquor license and never do this.

10:49:32 Am I correct?

10:49:33 >> If it's not on the site plan, it is not conditioned.

10:49:36 >>CHARLIE MIRANDA: Right.

10:49:36 Is that on the site plan?

10:49:39 >>REBECCA KERT: I am hearing from staff it is not.

10:49:41 >> And secondly, is there any way from the statement that

10:49:48 was made that if they can't meet the 51/49 or they don't

10:49:54 want to take the chance on the 51/49, but there is nothing

10:49:59 in the code that would give something in a sports bar

10:50:02 atmosphere, is that what I heard?

10:50:05 >> We do not have a category in our code that addresses the

10:50:10 situation.

10:50:10 You are correct.

10:50:11 >> And you are saying there's no way to achieve that?

10:50:14 >>REBECCA KERT: I don't think that -- you don't have a




10:50:18 definition of sports bar.

10:50:20 I don't think it would be conducive as a sports bar.

10:50:25 What you have in the past, and if the applicant was willing

10:50:28 to do this, is require they ever a full kitchen which is

10:50:31 defined in the code and that the kitchen is opened and

10:50:33 operating at all hours that the establishment is over open.

10:50:38 That is a condition that you have done previously.

10:50:39 >> Define the word operating.

10:50:43 >> You could do it at any time it is open for business, or

10:50:47 any time the alcoholic beverages are available for sale.

10:50:50 >> Mr. Cohen?

10:50:52 >> What we are really being asked to do here is approve a

10:50:57 bar, because it could start off one way.

10:51:03 Six months down the road it could become a bar and have half

10:51:06 of the required parking that we normally would ask for that

10:51:12 type of use, correct?

10:51:13 >> Correct.

10:51:14 Correct.

10:51:14 >> Petitioner, you made a statement about the parking

10:51:19 waiver.

10:51:20 What was --

10:51:22 >> Just to be clear, the parking doesn't change whether we

10:51:24 are a restaurant or we are a bar, just from the straight

10:51:28 code parking requirements.

10:51:29 This is the same restaurant, bar.




10:51:32 I appreciate the distinction in your mind, okay, parking for

10:51:36 a restaurant, people to come eat or waiting for a club or

10:51:39 something like that.

10:51:39 They think that's the distinction.

10:51:42 With respect -- the parking waiver is being driven by the

10:51:46 total occupancy of the facility.

10:51:48 And so when we originally put forward the request, we

10:51:52 believe that our seating arrangements would be to

10:51:56 accommodate about 186 patrons in terms of how we place the

10:52:00 tables within the establishment, and that would require no

10:52:03 waiver to the parking.

10:52:04 But again, an acknowledgment being open and recognizing that

10:52:08 we might have more and not having City Council getting phone

10:52:11 calls after the approval that in fact it's more crowded

10:52:15 there than what was approved on the site plan, just being

10:52:18 open and honest, and so we are asking for your permission

10:52:21 for the waiver.

10:52:22 And we have no objection to any restrictions that you might

10:52:26 come up with to satisfy having the restaurant open, full

10:52:32 kitchen opened during all times, and there's no objection to

10:52:35 that.

10:52:35 >> And pressuring that you are being open and honest, I

10:52:39 think recognized from our point of view that the approval

10:52:45 that you are asking for might be more than we are willing --

10:52:53 I am not speaking for the others, but more than some of us




10:52:56 would be willing to give, given the parking consideration.

10:52:59 >> Right.

10:53:00 And I appreciate that.

10:53:01 That's why I want to make the point that rather than a

10:53:04 denying of the use at all, we would rather work with council

10:53:07 on the waiver rather than say you can't have a use, because

10:53:11 you heard my client say, there's really been no realistic

10:53:15 opportunities of betterment of the neighborhood uses for

10:53:19 that property.

10:53:19 >>LISA MONTELIONE: Don't go away.

10:53:26 I know you have been doing this for a long time.

10:53:28 And it surprised me that there are so many errors or things

10:53:36 that were just left off the site plan.

10:53:39 >> I don't prepare the site plan.

10:53:43 >>LISA MONTELIONE: But when it's prepared you review it

10:53:45 before bringing the case forward.

10:53:46 >> We are under some pretty tight deadlines to gets this in

10:53:50 and we do apologize for that.

10:53:52 And we can certainly clean them up.

10:53:54 And if it's council's preference, I'm sure we can clean them

10:53:58 up and bring it back to you.

10:53:59 >> And the reason I say that is because I'm looking at a

10:54:13 plan that was haphazardly prepared, it cast doubt of what's

10:54:17 being presented in these really nice renderings is also

10:54:20 accurate.




10:54:22 I know the gentleman said that he's in the landscape

10:54:24 business, and we have a picture before us, a rendering

10:54:28 before us shows lush landscaping, but as you know it's not

10:54:32 conditioned on the site plan either.

10:54:34 It shows the amount of buffer, but it doesn't get into

10:54:37 detail as to plantings or, you know, what we end up with

10:54:43 could be a line of Hedges.

10:54:50 >> Well -- I'm sorry.

10:54:52 >>LISA MONTELIONE: There seems to be a disconnect between

10:54:55 what's shown on this site plan, what the rendering says, and

10:54:58 what you are asking for.

10:55:00 As far as parking, I know that there's two handicapped

10:55:02 parking spaces shown.

10:55:04 They are in existence now.

10:55:06 And the transportation comments required because of the size

10:55:12 that you are requesting, three parking spaces.

10:55:15 And that outdoor patio seems quite large.

10:55:19 And it seems that if the patio was scaled back a bit you

10:55:23 might be able to meet at least a minimum of having the three

10:55:27 handicapped spaces close to the building with the off-site

10:55:31 parking.

10:55:32 Generally, I am one that allows businesses to reduce their

10:55:37 parking.

10:55:39 However, those are usually located in neighborhoods where

10:55:42 there's walkabilities, where the patrons of the neighborhood




10:55:45 would -- I mean the residents of the neighborhood two

10:55:48 patrons of the establishment.

10:55:50 On Dale Mabry that's not the case hear.

10:55:52 Anybody who comes to the establishment is going to have to

10:55:57 drive, especially if you are people coming from the stadium

10:55:59 and then coming here after the stadium.

10:56:02 So I have got lots of concerns that I typically don't have

10:56:09 with requests of this nature, and a lot of it is because

10:56:16 it's, as my fellow council members have said, if it's not on

10:56:19 the site plan, sure.

10:56:22 >> Just a comment with respect to what could possibly go

10:56:25 there.

10:56:25 This site is going to be required to go through a change of

10:56:27 use.

10:56:28 It will have -- and I believe that your staff will confirm

10:56:31 this.

10:56:31 It will have to go through the change of use process which

10:56:34 means it has to go through a site planning process which

10:56:36 means it that's conform with all of your current codes

10:56:39 today.

10:56:39 So they can't develop under any old codes, or they can't

10:56:42 skimp on that, so they will be developing, redeveloping this

10:56:45 process in full compliance with your current landscaping

10:56:48 code and your current architectural standard.

10:56:50 And so I think that is what was the basis for the rendering,




10:56:54 was essentially under your current code.

10:56:56 But if that is something that council would like to see and

10:56:59 would like to do more detail on and would like to see if

10:57:03 that would make a difference in council's mind as to whether

10:57:06 to approve the use, we certainly can include some of those

10:57:09 requirements, and it would be council's preference, I can

10:57:13 confirm with my client whether they would prefer to -- if

10:57:16 they would be interested in asking for a continuance.

10:57:24 >>CHARLIE MIRANDA: Mr. Reddick?

10:57:30 >>FRANK REDDICK: I was waiting to see if she was going to

10:57:32 confer with her client.

10:57:36 You stated that you were going to confer and request a

10:57:40 continuance.

10:57:41 >> He understands council's position.

10:57:51 >>CHARLIE MIRANDA: You have to state on the record what the

10:57:52 preference is.

10:57:53 >> Rather than face a denial by council today that we

10:57:56 continue it and work on some of the concerns that council

10:57:58 has expressed today.

10:58:00 >>CHARLIE MIRANDA: Ms. Mulhern?

10:58:01 >>MARY MULHERN: Maybe I could hear from Joel or Ms. Kert

10:58:08 about whether the applicant could make changes to the site

10:58:12 plan between first and second reading.

10:58:19 You can't?

10:58:20 Oh, it's not a site plan, it's just for the use.




10:58:22 So we can't use this site plan.

10:58:25 >>REBECCA KERT: They can make changes between first and

10:58:33 second reading but we have to know what changes those are

10:58:35 and only those that are directed by City Council today.

10:58:37 If they are not completely clear what changes they are

10:58:39 anticipating making then it would be appropriate to continue

10:58:42 it.

10:58:42 >>MARY MULHERN: I would like to hear from the petitioner's

10:58:50 representative.

10:58:50 Are you unable to commit to what kind of landscaping you

10:58:55 could put on the site plan, and it would be removing the

10:59:05 parking waiver, period, right?

10:59:07 >> If that is the direction from council that you are not

10:59:11 willing to entertain any waiver to the parking requirements,

10:59:14 then yes, that would be a change we would be talking about.

10:59:16 With respect to the landscaping and the rendering, we could

10:59:20 certainly reference this rendering and say in a manner to be

10:59:27 consistent with the rendering, includes the rendering, we

10:59:31 could certainly do that, willing to commit to that, present

10:59:34 it to you.

10:59:34 >>MARY MULHERN: I think you would need to put, you know, it

10:59:38 would have to be specifically what trees, how many trees.

10:59:43 You can't just say it's going look like the picture.

10:59:45 >> I'm happy to do that, but in deference to what Mrs. Kert

10:59:50 said, absent any specific or express direction from council.




10:59:54 I mean, if council is willing to direct staff to work with

10:59:57 or to have the applicant work with the staff to come up with

11:00:00 what that language is, we can certainly do that between

11:00:03 first and second reading.

11:00:04 >>MARY MULHERN: I would be willing to do that.

11:00:07 I don't know if anybody else -- or the applicant.

11:00:10 >>REBECCA KERT: You can't say come up with that.

11:00:14 >>MARY MULHERN: You have to tell them specifically?

11:00:17 Thank you.

11:00:17 So I agree to a continuance.

11:00:19 >>CHARLIE MIRANDA: Mr. Suarez and Mrs. Montelione.

11:00:21 >>MIKE SUAREZ: Mrs. Corbett, did I hear you right, you want

11:00:26 a continuance in order to work out some of these issues?

11:00:29 >> I mean, certainly our preference would be to be do it

11:00:32 between first and second reading but I wasn't getting the

11:00:34 sense that was council's desire.

11:00:35 >> You're driving this bus.

11:00:37 You have to ask.

11:00:40 We are not telling you to do a continuance.

11:00:42 We are not telling you to work with staff.

11:00:44 You have to make a decision and ask us.

11:00:45 >> It was our position that bringing this site up to current

11:00:48 city code would be adequate to buffer both the adjacent

11:00:52 residences and to improve the neighborhood.

11:00:54 And we certainly have every intention of complying with




11:00:58 those codes.

11:00:59 It to the extent that there's anything requested or required

11:01:03 above and beyond code we would certainly entertain that, but

11:01:06 really the site plan does show that it's going to be Buford

11:01:08 and landscaped to today's existing code which is a

11:01:11 significant improvement over what's there now.

11:01:13 >>MIKE SUAREZ: What are the hours of operation?

11:01:16 >> We have the full operation of operation for sales.

11:01:21 >> According to code, right?

11:01:23 >> Yes.

11:01:23 >> Is there going to be any live entertain ment in that

11:01:26 patio?

11:01:26 >> We really had intended that we have to comply with

11:01:29 Tampa's noise ordinance, and your noise ordinance doesn't

11:01:33 allow any sound over 55 decibels after 10:00.

11:01:37 So I don't know how we would accommodate that.

11:01:39 But I think your noise ordinance actually accommodates that.

11:01:42 >> Well, in the past, other applicants that have come up

11:01:45 here have discussed not having amplified music after a

11:01:50 certain time period, and we have agreed to those types of

11:01:57 presentations.

11:01:59 >> Again, having knowledge of the Tampa's noise ordinance, I

11:02:04 don't know that you could possibly do live music and still

11:02:07 comply with 55 decibels, or amplified live music and comply

11:02:12 with 55 decibels.




11:02:13 So our preference is to say, well, city code requires that.

11:02:17 But again if that's something that's important, City Council

11:02:20 in this area -- again, where we are, we are on Dale Mabry.

11:02:23 We are right on Dale Mabry.

11:02:24 We don't really have neighborhood uses adjacent to it.

11:02:27 So we are not as sensitive to maybe it's a catch-22.

11:02:33 You are allowing waivers when you are in more residential

11:02:35 but you might be more sensitive to the amplified music.

11:02:38 >> I brought it up because so many other applicants have

11:02:40 actually agreed to not have amplified music after a certain

11:02:44 time period.

11:02:46 And secondly just as an anecdotal point, when the Green

11:02:51 Iguana stadium was there, I could hear it quite distinctly

11:02:55 from very far down Dale Mabry.

11:02:59 With all the traffic.

11:03:00 So again I'm not saying that's what this is, but that's one

11:03:04 of the reasons why we asked, what are your issues?

11:03:08 We always ask about amplified music.

11:03:10 Acoustic music typically is not one of those issues.

11:03:13 It's only amplified music.

11:03:15 So again, if you are asking for a continuance, that may be

11:03:18 something else you might want to think about.

11:03:19 When you are putting the limitations on the site plan.

11:03:23 >> The applicant has indicated that he is willing to limit

11:03:29 and not have amplified music on the patio.




11:03:34 >>CHARLIE MIRANDA: Mrs. Montelione?

11:03:36 >>LISA MONTELIONE: I don't know that we were asking for no

11:03:39 amplified music out on the patio but to limit the amplified

11:03:43 music after a certain hour.

11:03:45 After 10:00.

11:03:47 So be careful.

11:03:50 >>CHARLIE MIRANDA: I want to ask the legal department from

11:03:51 the alcohol beverage zoning.

11:03:53 I believe although there's an ordinance in place for the

11:03:55 certain decibel requirement in the city, there's a

11:03:58 limitation that was found in another county that is either

11:04:01 in the district court of appeals or the Supreme Court of

11:04:03 appeals, that in essence you can't enforce that.

11:04:06 >> Actually, the case on appeal to the Supreme Court does

11:04:11 not affect our current regulation.

11:04:13 So our current regulations are enforceable.

11:04:16 We were talking about the case at the Supreme Court in light

11:04:19 of any changes we might make.

11:04:22 But our decibel regulations are still on the books.

11:04:25 >> I want that on the record.

11:04:26 Thank you very much.

11:04:26 >>LISA MONTELIONE: I have other things I wanted to say.

11:04:33 I'm sorry.

11:04:35 Were we talking about -- the confusion for me, because of

11:04:40 looking at maybe continuing this for -- we were talking




11:04:44 about going to second reading.

11:04:45 And some of the changes to the site plan are met.

11:04:50 There's a lot of changes that need to be made to the site

11:04:52 plan.

11:04:53 So some of the things, I'm thinking of offering up, is that

11:04:59 provision where the kitchen is to offer full menus during

11:05:03 operating hours.

11:05:06 What I would like to see especially because of the location,

11:05:09 the waiver of asking for cars to maneuver in the

11:05:13 right-of-way at Dale Mabry, I mean, Dale Mabry is a pretty

11:05:16 dangerous road to start with.

11:05:18 So I really have difficulty with that.

11:05:21 And there's three parking spaces required for handicapped

11:05:25 accessibility rather than the two that's already shown.

11:05:28 So again, I mean, if you lessen the size of that patio a

11:05:34 little, you can remove both of those findings, either the

11:05:40 waiver or the inconsistency.

11:05:41 So getting the cards further, you know, up closer to the

11:05:46 building so that they don't have to maneuver in the

11:05:48 right-of-way, and provide that third parking space, that

11:05:53 brings you a little bit more into compliance, and we do have

11:05:57 standards and regulations, talking about what kind of

11:06:00 landscaping is there.

11:06:04 We have standards for particular buffers from use to use.

11:06:09 And although that's not the case here, you wouldn't be




11:06:12 required to have a particular standard of landscaping

11:06:16 separating uses.

11:06:18 But Mrs. Kert, could we use that standard and reference that

11:06:22 standard to say we wouldn't have to get into exactly what

11:06:28 kind of plantings?

11:06:29 We already have a definition of the tick type of buffer.

11:06:33 >>REBECCA KERT: Legal department.

11:06:34 Let me answer that by reminding council that any conditions

11:06:38 that are put on the site plan, even if they are agreed to by

11:06:42 the applicant, have to be based upon substantial competent

11:06:46 evidence of the effect of the sale of alcoholic beverages.

11:06:52 And even if they can be challenged later and stricken from

11:06:58 the site plan.

11:06:58 That's why in each and every case, if they are asking for an

11:07:02 additional buffer, there needs to be substantial competent

11:07:05 evidence about why in this situation that buffer is required

11:07:08 above what the code requires in every other situation.

11:07:11 >> But I think because of the type of use they are asking

11:07:17 for, this would be someplace that would be looking to

11:07:20 attract business after the football games, or whatever event

11:07:24 was going on at Raymond James stadium.

11:07:28 If you have ever been amongst the crowd at Raymond James

11:07:31 stadium after a football game, they are loud, depending on

11:07:38 whose team won or lost the game, I would say that with the

11:07:43 alcoholic beverage request that this would be not your




11:07:50 typical neighborhood quiet little bar.

11:07:53 So buffering -- escalating the buffer would be for that

11:08:00 reason.

11:08:04 That is, this is a party-type place, not a casual Joe's bar

11:08:10 kind of place.

11:08:11 I don't know if that makes any sense.

11:08:14 Rebecca is laughing at me.

11:08:15 Apparently not.

11:08:18 Sorry.

11:08:18 I was trying.

11:08:18 >> Could I ask a question of Mrs. Montelione with respect to

11:08:25 backing into the right-of-way but then the suggestion that

11:08:28 perhaps we try to fit three handicapped parking spaces?

11:08:31 Those presence of those spaces is causing that objection

11:08:36 from staff, not the parking on the other side.

11:08:40 So we would be increasing the inconsistency by adding an

11:08:43 additional parking space there.

11:08:46 So I just want to get clarification on direction.

11:08:49 Because we don't believe that we can have the handicapped

11:08:54 spaces where we feel they should be which is adjacent to the

11:08:57 front door from an ADA compliance and not get the objection

11:09:01 from transportation staff that we are maneuvering in the

11:09:04 right-of-way, which is FDOT right-of-way, then they don't

11:09:07 object to maneuvering in the.

11:09:08 So our options, the only way that we see to resolve that




11:09:12 inconsistency finding is not have any handicapped parking in

11:09:15 the front, and we don't think that will allow us to properly

11:09:20 comply with the ADA.

11:09:21 So some clarification on which direction.

11:09:24 >> I guess what I am asking you to do is lessen the patio

11:09:27 space so that you can have the cars maneuver on-site and not

11:09:32 in the right-of-way.

11:09:33 I mean, what's more important to you, to have the

11:09:35 handicapped spaces adjacent to the front like you say, so

11:09:39 that there is accessibility from the front door, or the huge

11:09:43 patio?

11:09:46 So I guess I'm questioning the intent.

11:09:49 We want to have the spaces right next to the front door

11:09:52 because it's the right thing to do.

11:09:53 But you have a huge patio.

11:09:57 You could accommodate both by pulling that patio back.

11:10:00 >> I see what you're saying.

11:10:10 As for the site plan, the changes that a lot of the clean-up

11:10:16 changes on the site plan have already been made and they

11:10:19 were submitted to the city but unfortunately not submitted

11:10:22 in time for your packet.

11:10:23 So the changes that need to be made between what you are

11:10:28 talking about today and where the -- the present site plan

11:10:33 we are not far off.

11:10:35 I guess the question, we have an inconsistency finding with




11:10:38 respect to the waiver for the parking, and the maneuvering

11:10:42 in the right-of-way.

11:10:49 We hadn't explored moving the patio forward.

11:10:52 I think we were trying to keep the parking where the

11:10:55 pavement currently is.

11:10:56 But again, my preference would be to make the changes

11:11:00 between first and second reading but it sounds as though

11:11:03 council has significant concerns and that a continuance is

11:11:06 more appropriate.

11:11:08 >>CHARLIE MIRANDA: Mr. Cohen?

11:11:09 >>HARRY COHEN: Thank you.

11:11:12 I'm not quite sure where this is going, but let me just say

11:11:16 that my big concern here is the parking waiver.

11:11:18 And I cannot support something with this large of a parking

11:11:21 waiver in it.

11:11:26 I appreciate the concerns that were raised about the

11:11:28 amplified music.

11:11:31 This is an intensely commercial area.

11:11:33 I'm a little less concerned about that than I am in a lot of

11:11:36 the applications that come up here when we do discuss this.

11:11:40 They are much closer in neighborhoods.

11:11:42 But since you appear to have made some concessions on that

11:11:46 issue, I think that's great.

11:11:48 But for me, this parking waiver is just entirely too large,

11:11:53 and I will tell you, we have been bitten before in approving




11:11:58 things and going along with these parking waivers, and

11:12:02 within six weeks we are hearing from everybody in the

11:12:05 neighborhood about all of the cars that are stacking up on

11:12:09 residential streets.

11:12:10 And this parking waiver is way too large for me to feel

11:12:16 comfortable with.

11:12:18 >>CHARLIE MIRANDA: Any other council members?

11:12:20 Okay. What is your desire?

11:12:25 >> My desire -- I think we can address the changes between

11:12:29 first and second reading so it is my desire to be able to

11:12:32 ask for an approval, and to make the adjustments to the site

11:12:37 plan between first and second reading.

11:12:39 >>CHARLIE MIRANDA: All right.

11:12:39 I don't know if you heard the same thing.

11:12:41 It doesn't look too good in some cases.

11:12:43 And you want a vote today?

11:12:45 Is that what you want?

11:12:48 I'm point asking you.

11:12:49 >> I would like -- I'm seeking an affirmative vote from City

11:12:54 Council.

11:12:54 And if City Council is not comfortable having an

11:12:57 affirmative --

11:12:59 >>CHARLIE MIRANDA: You are putting it back on me.

11:13:00 I am not going to take that.

11:13:02 In a professional manner, it is your decision whether we




11:13:04 vote on it today or you ask for a continuance.

11:13:08 Not mine or not the council's.

11:13:10 I am not going to get into a legal trap here.

11:13:12 >> I'm not --

11:13:15 >>CHARLIE MIRANDA: And I know you are not, but the way it

11:13:17 was presented, I'm not making that call.

11:13:21 Ms. Mulhern.

11:13:22 >>MARY MULHERN: I would like to hear from land development

11:13:25 staff about this question of the parking.

11:13:31 Is that something that can be done between now and second

11:13:35 reading, if the petitioner agrees?

11:13:39 >> If council's permission, yes, they can adjust that

11:13:42 between first and second reading.

11:13:44 >>MARY MULHERN: That's my big problem with it, is the

11:13:48 parking, too.

11:13:48 I think when I look at this overhead, it look like your

11:13:52 distance from any residential is pretty far.

11:14:00 I think I might be okay.

11:14:07 If other people wanted to put some restrictions on that, I

11:14:10 think it would be a good idea.

11:14:12 Especially you are going to come back because a council

11:14:15 member who usually wants that isn't here today.

11:14:17 So I would suggest that you come back with maybe no

11:14:24 amplified music outside after -- I can't remember what the

11:14:29 hours we usually say -- 10 p.m. Sunday through Thursday, and




11:14:39 then, I don't know, midnight or 1 a.m. Friday through

11:14:45 Saturday.

11:14:46 Councilman Suarez, do you remember what we usually --

11:14:49 >>MIKE SUAREZ: I think you are right.

11:14:51 >>MARY MULHERN: From midnight Friday and Saturday?

11:14:58 >>CHARLIE MIRANDA: What's your pleasure?

11:14:59 >> I would support that if you came back with those changes.

11:15:05 And let me just finish so I don't have to talk again.

11:15:10 I guess the other question, as far as the landscaping and

11:15:12 buffering, maybe you could tell us what the improvements, or

11:15:20 Joel could, what the improvements of bringing this to code

11:15:23 would be.

11:15:24 >> Joel Sousa, land development.

11:15:29 They do have greater landscape requirements.

11:15:31 >> Can you tell us what some of those would be?

11:15:34 >> Well, I think it's 4 caliper inch trees instead of 2

11:15:39 caliper inch trees, landscaping is closer together.

11:15:42 Other amenities, I don't have the code book with me but it's

11:15:46 updated amenities as far as landscaping.

11:15:49 >> Could we ask them to show that on the site plan?

11:15:52 >> It's up to council's wish.

11:15:54 >>MARY MULHERN: On the site plan --

11:16:01 >> If they have to already comply with it, then you don't

11:16:04 need to put it on your site plan.

11:16:05 >>MARY MULHERN: Okay.




11:16:08 All right.

11:16:09 I'm okay with passing this with those changes made to the

11:16:15 site plan.

11:16:26 >>CHARLIE MIRANDA: Petitioner, just tell me if you want a

11:16:27 vote taken, we will.

11:16:29 I will ask somebody to read this ordinance, one way or the

11:16:32 other.

11:16:32 It goes up or it goes down.

11:16:33 It's your decision, not ours.

11:16:35 >> I think we would like a continuance.

11:16:38 We appreciate council working with us, and tray to make it

11:16:43 work.

11:16:44 >>CHARLIE MIRANDA: What date?

11:16:45 I have other hearings.

11:16:47 >> To the next hearing date.

11:16:50 >>MARTIN SHELBY: Will you have the site plan in time?

11:16:56 The site plan has to be amended.

11:16:58 How long in advance do you have to do that?

11:17:01 >> We have to have the plans the week before the next

11:17:04 meeting.

11:17:06 >>CHARLIE MIRANDA: That's not going to work.

11:17:08 20th of December, my suggestion would be, if you want to

11:17:11 take that, to come back, time to look at the city with your

11:17:16 plans to make sure they are in agreement.

11:17:18 Give me that date again.




11:17:19 >> December 20th.

11:17:20 >>HARRY COHEN: Move to continue to December 20th at

11:17:24 10:30 a.m.

11:17:25 >>CHARLIE MIRANDA: This will be continued per Mr. Cohen's

11:17:28 request, seconded by Mr. Reddick to December 20th at

11:17:31 10:30 a.m.

11:17:33 All in favor of that motion please indicate by saying aye.

11:17:35 Opposed nay.

11:17:36 The ayes have it unanimously.

11:17:37 Item number 61.

11:17:51 >> This is V-12-302, 1600 east 8th Avenue, D-102,

11:18:36 CMJ-fee.

11:18:41 Found it consistent with applicable land development

11:18:42 regulation.

11:18:43 The current zoning district is YC-1, commercial core.

11:18:48 The proposed special use is alcohol beverage, bar/lounge

11:18:53 beer and wine sales consumption on premises from package

11:18:56 sales off premises.

11:18:58 We are requesting three waivers, separation from 1,000 to

11:19:04 zero from other establishments selling alcoholic beverages,

11:19:07 reduce required minimum distance separation from 1,000 to 95

11:19:10 feet for residential uses and to reduce the minimum distance

11:19:14 separation from 1,000 to 130 feet from institutional uses.

11:19:32 This is the subject location.

11:19:35 And actually it's located here in the front along 7th.




11:19:38 Although the address came up at 8th.

11:19:41 It was back here, the actual location up here on the front

11:19:44 along 7th Avenue.

11:19:53 This is right around 7th.

11:19:54 This will be the suite.

11:19:58 It's a little bit short of these steps that come off 7th

11:20:02 Avenue.

11:20:03 So this is looking north off of 7th Avenue.

11:20:09 This is looking west off 7th Avenue.

11:20:11 Central Ybor is right hear.

11:20:16 This is looking towards the east.

11:20:21 Centro on the right-hand side.

11:20:25 This is looking directly across the street, 16th,

11:20:28 heading to the parking garage.

11:20:30 This is on the back, 8th Avenue is along here looking

11:20:35 towards the north.

11:20:40 The applicant proposes to convert an existing vacant retail

11:20:44 space within the Centro Ybor complex to bar and lounge.

11:20:47 This is in the YC 1 zoning district which is considered

11:20:50 commercial core of Ybor City.

11:20:52 The commercial unit contains 1046 square feet, first floor

11:20:57 only, of which 3381 square feet is outside AB sales area.

11:21:03 Stated occupant load of 164 persons.

11:21:06 Proposed alcoholic sales, 1046 square feet.

11:21:12 YC 1 zoning district is exempt from parking requirements.




11:21:15 Therefore no additional parking is required at this time.

11:21:21 This is considered a bar lounge.

11:21:28 >>CHARLIE MIRANDA: Petitioner.

11:21:37 >> Nina -- I represent the owner of Centro Ybor.

11:21:43 My address is 1320 ninth Avenue, suite 210, 33065.

11:21:49 I represent the owners of Centro Ybor and actually the

11:21:54 applicant is misnamed.

11:21:55 I believe you have it named it is in actuality CMJ-fee, LLC.

11:22:02 I want to make sure that that is corrected.

11:22:05 It is correct in the application but not on the actual

11:22:07 report from the city.

11:22:10 Like Mr. Sousa stated the owners of requesting a special use

11:22:14 permit for the sale of beer and wine on premises in

11:22:17 for-package, consumption off premises.

11:22:20 The tenant being the Ybor City wine bar.

11:22:23 The tenant has since opened a retail wine shop in addition

11:22:27 to having a wine bar where wine and craft beers will be

11:22:32 served.

11:22:32 Also have a small food selection of cheese, gourmet

11:22:36 desserts, things like that.

11:22:37 The retail store is located just north of 7th Avenue.

11:22:40 The address for all of Centro Ybor is 8th Avenue but

11:22:44 this particular space is located just north of the 7th

11:22:46 Avenue.

11:22:47 It's east of the Centra Espanol where the Chop House is




11:22:51 located and is directly west of Jimmy John's, actually

11:22:57 shares a spot with Jimmy John's.

11:22:59 I have some photos that are slightly closer than the ones he

11:23:02 just showed you.

11:23:05 This is actually the doors.

11:23:07 This is facing -- you are on 7th Avenue looking north.

11:23:12 These are the doors and you can see over here directly west

11:23:15 is Jimmy John's.

11:23:17 This is a photo looking east.

11:23:22 These windows are actually the space that we are seeking to

11:23:27 have permitted.

11:23:29 And this outside area, we are actually asking for that area

11:23:33 to be disowned as well.

11:23:35 And so you can see -- you can't see it but directly across

11:23:38 this walkway would be the chop house.

11:23:42 And this is looking in from the space.

11:23:45 You can actually look out and see the chop house.

11:23:51 As I'm sure you are aware, this is in the YC 1 zoning

11:23:55 district and the wine bar and package store as a permitted

11:24:00 use in this district.

11:24:01 It's our position this would really be the first one of its

11:24:05 kind in Centro Ybor and it would be a nice addition to the

11:24:08 historic district.

11:24:09 The tenant hopes to be open in time it for the holiday.

11:24:15 She's hoping to take advantage of that.




11:24:16 As you can see from the site plan, there also will be an

11:24:19 outdoor area which I pointed out on the photos so the people

11:24:23 can sit outside, enjoy the wine and dessert and also Ybor's

11:24:27 history and ambience and maybe the weather if it's nice.

11:24:31 I guess that depends on the time of year.

11:24:34 Tenant hopes to take advantage of people leaving the comedy

11:24:37 club or movie theater.

11:24:38 They can stop in, have wine, and in a pretty setting.

11:24:42 The hope for this space at least on behalf of the tenant is

11:24:45 to draw an older maybe more sophisticated Ybor City.

11:24:52 I think her plan is from the norm that you might find on

11:24:56 7th Avenue.

11:24:58 Although it is technically located on 7th Avenue, it is

11:25:01 about 12 feet from, and we are asking for a variance from 1

11:25:08 new feet to zero feet with the sale of alcoholic beverages.

11:25:12 Since the upstairs neighborhood is Centro, we are asking for

11:25:17 variance of 1095 feet from the closest residential use which

11:25:21 is the upstairs apartments, and we are asking for a variance

11:25:25 from 1,000 to 130 feet from institutional uses.

11:25:30 The Ybor Chamber of Commerce.

11:25:33 We don't believe this wine and package store will adversely

11:25:37 any of the neighbors or businesses but will add a different

11:25:39 theme to Ybor City and Centro Ybor that will certainly

11:25:41 enhance the district.

11:25:44 We believe that it will be a nice retail for tourists and




11:25:52 locals.

11:25:53 If you a profit, it will join the Centro Ybor which would

11:25:59 offer alcoholic beverage sales.

11:26:01 Cantina is upstairs.

11:26:03 Hamburger Mary is upstairs.

11:26:05 The Tampa Bay brewing company are all located in Centro

11:26:10 Ybor.

11:26:10 The indoor and out door allows for occupancy of 1654 but in

11:26:15 actuality the site plan indicates tables inside and out so

11:26:19 we are anticipating far fewer people than 164.

11:26:24 Probably somewhere in the 50 range meaning 32 outside and

11:26:29 these are 32 inside and 16 outside.

11:26:33 As I'm sure you are aware, YC 1 is exempt, we anticipate

11:26:40 that the patrons will most likely use the garage that's

11:26:43 located down the street which we believe patrons currently

11:26:46 use to go to Centro Ybor.

11:26:48 And as I mentioned before, the space is not actually set

11:26:52 directly on Ybor City.

11:26:54 You can walk upstairs into the Centro Ybor, I guess you

11:26:57 would call it.

11:26:58 And so we don't anticipate that, the crowd, 50 or so people

11:27:08 will cause congestion on the sidewalks of 7th Avenue.

11:27:10 The outside area will be delineated with stanchions, and the

11:27:14 plan now is to put markers on the pavers at Centro Ybor so

11:27:19 when the employees open, the store, they will know where it




11:27:25 will be clear to patrons, that, you know, there is a

11:27:28 delineated space.

11:27:32 Centro Ybor itself provides for tenant including this one,

11:27:37 refuse collection for the entire area, provide lighting.

11:27:42 The area is already well lit by the landlord and there is

11:27:44 handicapped accessibility close to the premises.

11:27:48 The owners of Centro Ybor are excited about this tenant and

11:27:52 they have already been working with her to improve the

11:27:54 space.

11:27:54 I had anticipated having the tenant speak to you, and she is

11:27:57 actually here today but she is sick, so she's asked me to

11:28:01 say some things about her and her experience.

11:28:08 >>MARY MULHERN: I have a quick question, because looking at

11:28:10 the site plan, questioning it, and is this entire use on the

11:28:18 second floor?

11:28:20 Or on the ground floor?

11:28:21 >> This is on the ground floor.

11:28:23 >> It's on the ground floor.

11:28:24 What is on the second floor?

11:28:25 >> Upstairs is the Centra cantina.

11:28:29 Directly above it.

11:28:30 >> So you are only talking about this special use permit for

11:28:36 the first floor?

11:28:38 >> Exactly.

11:28:39 And it's not really even the entire first floor as you are




11:28:43 looking at the building.

11:28:44 Because Jimmy John's actually is directly west.

11:28:48 >> I can picture it.

11:28:49 I just thought I heard for a minute it was going to be on

11:28:51 the second floor.

11:28:52 >>CHARLIE MIRANDA: And for the record, Tampa always has

11:28:54 great weather.

11:28:55 >> Great weather.

11:28:58 >>CHARLIE MIRANDA: We only have two seasons.

11:29:00 Summer and Christmas.

11:29:01 >> So I would like to tell you a little about the tenant.

11:29:07 As I stated she is here in the back of the room but she's

11:29:09 sick.

11:29:11 She has been in the restaurant business for 27 years.

11:29:13 She has a marketing background and MBA.

11:29:16 She also has an extensive wine background with more than one

11:29:19 certification and things in French that I couldn't even

11:29:22 begin to say.

11:29:23 So we'll just say more than one certification.

11:29:26 She has previously owned a restaurant.

11:29:28 She's also owned a business called creative business

11:29:31 solutions which is a K consulting firm.

11:29:34 She's owned be a boutique and other stores.

11:29:37 In short I guess you could call her a businesswoman.

11:29:40 She loves Ybor City.




11:29:42 She spent a considerable amount of time choosing Ybor City

11:29:44 and Centro Ybor specifically.

11:29:47 She said that she saw a need in the area, and she thought

11:29:50 that Centro Ybor was missing just a nice upscale place to

11:29:53 have wine and dessert.

11:29:55 She actually came to Ybor City about three years ago.

11:29:58 She purchased a home in Ybor City one year ago because she

11:30:01 fell in love with it.

11:30:02 And when she opened, she plans on being a full-time resident

11:30:05 in Ybor City.

11:30:07 She feels like this is an excellent location and that it

11:30:09 will be a great addition to Centro Ybor and Ybor City.

11:30:16 So in conclusion, we believe that this use is compatible

11:30:19 with Ybor City, and we hope that City Council will approve

11:30:22 the petition so that we can add a new store and new ambience

11:30:26 to Ybor City and Ybor specifically.

11:30:31 >>MARY MULHERN: Looking at your site plan, the photograph

11:30:33 that you have on there, I want to understand, that looks

11:30:38 very tight to me, the space on the west for the outside

11:30:44 tables.

11:30:45 But then when I look at the south elevation picture, it

11:30:49 looks like the other restaurant or another restaurant

11:30:53 already has outdoor seating.

11:30:55 Is there outdoor seating on, I guess, the east?

11:31:01 >>CHARLIE MIRANDA: Southeast.




11:31:01 >> Jimmy John's has, I think, two or three tables outside of

11:31:07 their restaurant.

11:31:07 >> And it's pretty much the same distance -- I just worry

11:31:12 about the access, public access to all of the --

11:31:17 >> We actually back up the access.

11:31:20 We were a little bullish on our first site plans.

11:31:23 So we actually backed up the outside area now from the

11:31:27 stairs immediately south.

11:31:31 If you see on the site plan, immediately south of like that

11:31:35 table.

11:31:36 And then there are also stairs behind the planter.

11:31:39 So we actually backed that area up.

11:31:41 So as to provide adequate walkway between all of the areas.

11:31:49 >>MARY MULHERN: So you are coming -- you are asking to come

11:31:52 up further than the edge of the building as you go back.

11:32:00 >> Along the side.

11:32:01 >>MARY MULHERN: Yeah.

11:32:03 >> And that is only to accommodate tables.

11:32:07 And chairs.

11:32:08 And as I stated, there will be stanchions so it is very

11:32:13 clear where people cannot go with an alcoholic beverage.

11:32:17 And I'll put this photo back.

11:32:21 I think it will give you a better --

11:32:24 >>MARY MULHERN: Point out to me where you think those

11:32:27 stanchions would be.




11:32:27 >> I imagine they would be probably right on the outside of

11:32:31 this T odd colored paver so the tables will be inside.

11:32:36 >> How many feet is that from the windows?

11:32:41 >> From the window to the paver?

11:32:45 >>CHARLIE MIRANDA: About 6 feet, I think.

11:32:46 >> I would say six feet.

11:32:56 >>CHARLIE MIRANDA: Any further questions?

11:32:56 Anyone in the audience care to speak on this item number 61,

11:33:00 in the audience?

11:33:01 Please come forward.

11:33:03 There's only one thing here.

11:33:04 And I apologize.

11:33:06 It was inadvertent left off the hours of operation which is

11:33:10 always on these requests.

11:33:11 We have a little sheet that they gave us.

11:33:14 The way this reads you want to sell alcohol at 7:00 in the

11:33:16 morning?

11:33:19 >> Well, I hope it doesn't say that.

11:33:21 I think the maximum amount of time, I don't think they have

11:33:26 the intention of selling alcohol that early.

11:33:29 At least currently has hours of operation that are set from

11:33:33 4 p.m. to midnight Wednesday through Sunday.

11:33:37 I think the intention would be, though, that she would like

11:33:39 the opportunity to stay open later than midnight so that she

11:33:43 can take advantage of special events.




11:33:45 >> We are not talking about the 3:00.

11:33:47 We are talking about -- I'm asking a question about 7:00 in

11:33:49 the morning.

11:33:50 >> That is not our intention.

11:33:53 I don't believe that she wants to be open any earlier than

11:33:56 noon.

11:34:03 >>CHARLIE MIRANDA: Anyone else in the audience?

11:34:08 >> Move to close.

11:34:09 >>CHARLIE MIRANDA: Motion to close by Mrs. Montelione,

11:34:11 seconded by Mr. Suarez.

11:34:12 All in favor of the motion?

11:34:14 Opposed?

11:34:15 The ayes have it.

11:34:16 What's the pleasure of the council?

11:34:17 >> Move to approve.

11:34:19 >> Second.

11:34:20 >>CHARLIE MIRANDA: I have a motion for approval by Mrs.

11:34:23 Montelione, seconded by Mr. Reddick.

11:34:26 Further discussion by council members?

11:34:27 All in favor of the motion?

11:34:31 >>FRANK REDDICK: Read it?

11:34:32 >>CHARLIE MIRANDA: Yes.

11:34:33 Read the ordinance.

11:34:33 >>LISA MONTELIONE: The hours are noon, right?

11:34:41 I want to make sure I get that right.




11:34:43 >> Yes.

11:34:43 >> I propose an ordinance for special use permit S-2 for

11:34:47 alcoholic beverage sales, bar lounge consumption on premises

11:34:52 and pack allege sales offpremises at or from that certain

11:34:56 lot or plot or tract thereof located at 1600 east 8th

11:35:01 Avenue, unit D-102, Tampa, Florida, as more particularly

11:35:05 described in section 2 imposing certain conditions based

11:35:08 upon location of the property, that all ordinances or parts

11:35:11 of ordinances in conflict are repealed, providing an

11:35:14 effective date.

11:35:15 Including the waiver -- I'm sorry, the revision sheet, not

11:35:19 waiver, the revision sheet, V-12-302 as submitted by staff

11:35:24 for site plan revisions and the hours of operation to be

11:35:29 revised to the opening at 12 p.m.

11:35:33 >>CHARLIE MIRANDA: I need the petitioner to state that on

11:35:35 record, the hours of operation.

11:35:36 >> Yes.

11:35:37 We will revise the hours of operation to begin at noon.

11:35:40 >>FRANK REDDICK: Second.

11:35:42 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione.

11:35:45 The ordinance has been read.

11:35:46 Seconded by Mr. Reddick with a revision and the hours of

11:35:49 operation as the petitioner stated.

11:35:52 All in favor of the motion please indicate by saying aye.

11:35:54 Opposed nay.




11:35:54 >>THE CLERK: Motion carried with Capin being absent.

11:35:58 Second reading of the ordinance -- of the ordinance will be

11:36:02 held December 6th at 9:30 a.m.

11:36:04 >>CHARLIE MIRANDA: Let me make a statement.

11:36:06 I know we have a few left.

11:36:07 Two council members have to be somewhere, one at 12:30, the

11:36:11 other at 1:00.

11:36:12 So I am trying to get through this agenda as best I can.

11:36:15 Okay.

11:36:16 Item number 62.

11:36:17 >> 2901 W. Columbus Drive. The committee reviewed the

11:36:17 application and finds it inconsistent. Not applicable with

11:36:17 land development regulations. The current zoning district

11:37:12 is CG. Commercial general.

11:37:15 Proposed special use is alcoholic beverage sales for

11:37:18 restaurant, beer wine and liquor, consumption on premises

11:37:21 only.

11:37:22 They are requesting four waivers.

11:37:27 Distance separation from 250 to 100 feet.

11:37:29 Further establishments selling alcoholic beverages.

11:37:32 Reduced the required minimum distance separation from 250

11:37:35 feet to zero for residential uses.

11:37:39 Reduce required parking from 22 to 11 and to allow vehicles

11:37:43 maneuvering in the right-of-way.

11:37:45 I am show you some photographs of the site.




11:37:47 >> This is an aerial.

11:37:59 This is Columbus drive.

11:38:00 This is a little area with the complex right here.

11:38:03 On the corner.

11:38:05 On the northeast -- northwest corner.

11:38:14 A this is what it is currently permitted for, tire store,

11:38:17 take-out restaurant.

11:38:23 This is looking west on Columbus drive.

11:38:28 The subject location right here.

11:38:31 This is looking south on Habana.

11:38:37 This is on Habana looking at the subject site looking

11:38:43 towards the west.

11:38:46 Looking southeast.

11:38:53 Looking east on Columbus drive.

11:38:56 North on Habana.

11:38:58 And this is a residential parcel right behind it.

11:39:02 I could not find it other than these satellite dish in the

11:39:06 back.

11:39:08 According to the application, submitted, the site is

11:39:12 occupied by an existing 1,460 square foot indoor one-story

11:39:17 proposed restaurant establishment which is currently a

11:39:19 retail tire store, take-out restaurant only, no alcohol and

11:39:23 beverage sales.

11:39:24 This request proposing proposes to add 783 square feet of

11:39:28 outside AB sales consumption area, convert total inside




11:39:33 square feet for the restaurant use for a total AB sales area

11:39:36 of 2,243 square feet.

11:39:39 The site currently utilizes a small surface parking area at

11:39:42 this time.

11:39:43 This does not meet the current dimensional criteria for

11:39:46 parking which is why they are asking the waiver to maneuver

11:39:49 in the right-of-way.

11:39:51 Proposing to waive 11 of the 22 required parking spaces.

11:39:55 Residential use adjacent to the north of subject property.

11:39:58 This request requires compliance with section 130 for

11:40:01 buffering and screening between uses.

11:40:03 Applicant obtain section 1 approval for conversion of the

11:40:11 use of restaurant.

11:40:13 General findings, land development finds it inconsistent.

11:40:16 Basically the occupant load is 186 requiring 22 spaces.

11:40:20 Site maintains 11 parking spaces providing they get the

11:40:24 waiver from the right-of-way.

11:40:26 We find that this waiver 50% of the parking space is

11:40:30 excessive.

11:40:31 We also have a problem until they have obtained the buffer

11:40:33 requirement for section 27-130, and again 27-269, effects

11:40:41 generally because of the required parking requirement

11:40:45 on-site.

11:40:48 Transportation finds it inconsistent due to reduction in

11:40:50 parking.




11:40:53 This property is located within a mixed use corridor village

11:40:57 which requires 250 feet separation between other

11:41:00 establishments alcohol and residential uses.

11:41:03 >> This is the petitioner and I am representing in this

11:41:33 situation, in regards to V-12308.

11:41:43 With regard to parking, we have been made aware of the

11:41:46 parking situation, and we are located right at Columbus and

11:41:49 Habana.

11:41:50 >> (off microphone).

11:41:56 >> So let's not say you weren't aware.

11:42:00 >> I was aware.

11:42:01 During the meeting it was discussed, and at that time they

11:42:05 suggested that we request a waiver for parking.

11:42:08 And the reason why we went ahead is because ware located

11:42:12 right in the middle of a neighborhood.

11:42:14 Most of the people walking into the restaurant, I say 50% of

11:42:20 them, they are looking log neighbors.

11:42:23 I have some paper here that I have gathered from people that

11:42:27 I would like to pass it onto the committee to review them,

11:42:33 if I may approach to pass it on.

11:42:37 One of the main things here is that we also believe that the

11:42:54 property is right next to our restaurant, which is 2903 west

11:42:58 Columbus drive.

11:42:59 And we can fit in there probably from eight to ten cars.

11:43:06 And as for the paper that I have pass on, we have a letter




11:43:09 from the next door neighborhood, and she's willing to

11:43:12 provide us with her parking lot that will make use of it.

11:43:18 Also, we do have an employee who is present today, that he

11:43:29 worked with parking, when we have never had a complaint in

11:43:31 regards to the parking lot, because, again, as I say before,

11:43:35 most of the customers are walk-ins.

11:43:38 There is a lot of businesses around, and they are lunch

11:43:46 restaurants.

11:43:46 One of the reasons we would like to obtain this beer and

11:43:49 wine license alcohol is because our business, we started in

11:43:53 2008, and we started at a lunch cart and sold sandwiches,

11:44:01 and the place got so busy that we decided later that they

11:44:04 would lease the building next door.

11:44:07 We had a lot of people from the city and from the police

11:44:10 department that attend to our business because when you look

11:44:13 at it in the picture, it's just like a Hawaiian theme or

11:44:17 something from the island that has merged into the corn of

11:44:23 Columbus drive and Habana.

11:44:25 It has become the main attraction.

11:44:27 And the reason why we are requesting this beer and wine

11:44:29 license is because of the customer.

11:44:31 The customer.

11:44:32 They request to us, why don't we get it?

11:44:35 A lot of times they walk in, and they say, there's no beer,

11:44:38 you know, and they leave.




11:44:40 And, you know, it's painful when somebody struggle like we

11:44:44 did for the past four years, almost five years, and we don't

11:44:46 have something that we can obtain legally to sell and to

11:44:51 provide our customer with in our neighborhood.

11:44:56 There is a stipulation that we made in there, in our desire

11:44:59 to have this beer and wine consumption of the business, and

11:45:03 the main thing is that we would like to prove in good faith

11:45:06 that we would like to make this possible only for the

11:45:10 restaurant and our service, and limited ours or service, and

11:45:18 we suggested that it's a special use for the place that we

11:45:27 only serve from 7 a.m. to 10 p.m. from Monday through

11:45:31 Thursday.

11:45:32 We make that a stipulation.

11:45:34 It is a family restaurant, family operated, and we don't

11:45:37 want to go over ours.

11:45:41 We want to keep it as a restaurant.

11:45:43 We are not going to be a nightclub.

11:45:44 We are not going to be a bar.

11:45:46 It just going to be an extra service to our customer.

11:45:50 As I say, we have been requested to do this by the

11:45:52 customers.

11:45:54 >>CHARLIE MIRANDA: Do the customers drink at 7:00 in the

11:45:55 morning?

11:45:56 >> No.

11:45:56 The restaurant opens at 7:00 in the morning.




11:46:01 The drinking situation will come with the lunch, after lunch

11:46:04 hours.

11:46:04 I will say that.

11:46:07 The hours that we are going to be open.

11:46:11 >>CHARLIE MIRANDA: All right.

11:46:12 I'm not taking your time, so if you want to continue, I'm

11:46:15 sorry.

11:46:16 >> Say it again, sir?

11:46:17 >>CHARLIE MIRANDA: Are you finished?

11:46:18 >> Yes, I'm finished.

11:46:20 >>CHARLIE MIRANDA: Let me go to the audience.

11:46:21 Anyone in the audience, unless the young lady wants to

11:46:24 speak.

11:46:26 Anyone in the audience care to speak on this item number 62?

11:46:29 >> 2213 Ray road.

11:46:41 I'm a land surveyor.

11:46:43 I did the site plan for the site.

11:46:46 Mr. Lombard says it's a very family oriented restaurant.

11:46:52 One residence to the northeast, to the northwest.

11:46:54 It doesn't even buffer the property itself.

11:46:58 The site to the north is church of Scientology is vie can't

11:47:02 right now.

11:47:03 So it's a commercial site also.

11:47:05 A lot of the residents, patrons come from residents walk in

11:47:11 to the site and coming over and just walking in, not




11:47:14 parking.

11:47:14 So the parking stipulation is taken care of.

11:47:19 >>CHARLIE MIRANDA: Anyone else care to speak on this item

11:47:21 number 62?

11:47:22 Let me just say this.

11:47:23 Maybe I misheard, but I heard this was a take-out.

11:47:28 >> No, that is erroneous.

11:47:30 We are a sitting restaurant approved by Tallahassee and by

11:47:33 the City of Tampa.

11:47:34 >> How many seats?

11:47:35 >> They have put more seats in there --

11:47:39 >> I'm trying to get this thing speeded up because I don't

11:47:42 want to lose --

11:47:44 >> We have 29 chairs inside.

11:47:45 >> Let me ask another question.

11:47:47 Do you have outdoor music?

11:47:48 >> In a outdoor muss.

11:47:50 >> I can have you ever had outdoor music?

11:47:52 >> We used to play music out there but that ended because we

11:47:58 had some complaints, and I asked the owner to end it.

11:48:02 >> That's way heard because I got the complaints in the

11:48:04 office, is why I am asking the question.

11:48:06 >> Yes.

11:48:07 I ended that over six months ago and I fired the person that

11:48:11 was causing that in my business because we don't want




11:48:14 anything --

11:48:15 >> Any animals in the back?

11:48:17 >> The animals had belonged to the church.

11:48:19 Not belong to me.

11:48:20 >> I live close by.

11:48:29 Which has nothing to do with this hearing.

11:48:34 We are not talking about chicken it.

11:48:35 >> Are we talking about duckers horses?

11:48:41 >> I think you are getting close, yes.

11:48:42 >> Awhile back --

11:48:47 >> I don't have that tame.

11:48:48 I just want to make sure that's cleaned out.

11:48:51 >>

11:49:00 We don't have in a horses in there.

11:49:01 You can trust me on that one.

11:49:02 >> Mr. Cohen?

11:49:05 >>HARRY COHEN: Just to clarify.

11:49:08 What is it that you are asking for us to approve in terms of

11:49:11 the time of alcohol sales?

11:49:13 >> The alcohol sales is -- the thing is that we have some

11:49:18 people -- oh, the hour?

11:49:27 7:30.

11:49:27 That's what we are requesting.

11:49:30 7:00 in the morning for the restaurant operation.

11:49:32 7:30 in the morning till 10 p.m. Monday through Thursday.




11:49:40 Monday through Thursday to 10 p.m.

11:49:43 From Friday through Sunday -- Cohen Connie understood you

11:49:53 said you want to open the restaurant at 7 a.m. and start

11:49:56 selling alcohol --

11:49:58 >> Not at all.

11:50:00 My restaurant sells food.

11:50:02 We open at 11:00 in the morning.

11:50:05 >> But the hours of operation need to go to the hours that

11:50:08 the business is open, because not when they sell alcohol.

11:50:12 That's for the hours of operation.

11:50:16 The hours of operation needs to begin when he opens for

11:50:19 breakfast.

11:50:19 >> In a breakfast.

11:50:21 We open for lunch so that's erroneous.

11:50:29 We are open for lunch.

11:50:30 We don't have no breakfast.

11:50:33 No breakfast.

11:50:36 It's erroneous.

11:50:39 >>CHARLIE MIRANDA: I don't know that my question was

11:50:41 answered.

11:50:45 Maybe Ms. Kert could help us decipher through this.

11:50:49 Do you understand what I'm asking?

11:50:53 I don't think the council -- it would be -- I may be

11:50:58 speaking for others, but amenable to alcohol being sold in

11:51:01 the morning.




11:51:02 >> Your code allows it to be sold in the morning all over

11:51:06 the city starting at 7:00.

11:51:08 And the way the hours of operation work is if the business

11:51:12 is open, that's the hours of operation.

11:51:15 And the reasoning behind that, that's the way it currently

11:51:18 is.

11:51:18 The reason behind that is it's difficult for the police

11:51:21 department if a business is open to go in and see, are you

11:51:26 selling alcohol?

11:51:27 If you are open they want to know that you have the ability

11:51:29 to sell alcohol.

11:51:30 >>HARRY COHEN: But he said he's not intending to be open

11:51:33 for breakfast.

11:51:34 >> We are open for lunch.

11:51:35 After lunch.

11:51:36 >> So perhaps the hours of operation could be reflective of

11:51:42 that, and say from 11 a.m. rather than 7 a.m., and that

11:51:48 would, I think, solve the problem.

11:51:52 >>CHARLIE MIRANDA: There working is not the hours of

11:51:54 operation.

11:51:54 >> Regardless of what the hours of operation end up being,

11:51:57 they need to be restated because what estating is not what's

11:52:00 currently on the site plan.

11:52:01 >>CHARLIE MIRANDA: I understand.

11:52:03 >>HARRY COHEN: That's what we are trying to clarify here.




11:52:06 >>CHARLIE MIRANDA: Mr. Suarez, I have to move this hearing

11:52:07 or if not somebody is going to be left out.

11:52:10 Mr. Suarez.

11:52:10 >>MIKE SUAREZ: Is the tire repair or tire store going to be

11:52:17 there?

11:52:17 >> I don't know why he even mentioned that, and there was no

11:52:24 tire store there for a year.

11:52:25 There was a tire store in there.

11:52:27 The tire store was moved out of there.

11:52:29 I don't know why he even bring that up.

11:52:32 All this is causing confusion.

11:52:34 There's no tire store whatsoever in there.

11:52:36 There was storage for the restaurant.

11:52:38 >>MIKE SUAREZ: I think the reason is there was a photograph

11:52:42 that showed a truck with tires, a lot of tires shall not

11:52:46 just a couple tires, so --

11:52:49 >> A year ago.

11:52:50 >> You did that a year ago?

11:52:51 >> That was gone out thereof and he knows.

11:52:53 >> I'm going off the last legally permitted uses on the

11:52:57 property.

11:52:57 >>MIKE SUAREZ: Which was?

11:52:58 >> Tire store and the take-out restaurant.

11:53:00 >>MIKE SUAREZ: I mean, you took the photographs, too.

11:53:03 When did you take those?




11:53:05 When did you take those?

11:53:11 >>JOEL SOUSA: About a month ago.

11:53:12 >> No, no, no.

11:53:14 >>CHARLIE MIRANDA: Listen to me very carefully.

11:53:16 I can't testify because I'm hearing the case.

11:53:19 >> Yes, sir.

11:53:21 >> A month ago, I know a year ago we moved the tire store.

11:53:28 I don't feel comfortable at all when he says that.

11:53:31 A year ago we purchased the tire store and we move the tire

11:53:34 store down there.

11:53:35 And he's saying he took the picture?

11:53:37 Come on, Joe.

11:53:38 >> Come on Joe, come on Charlie, come on somebody.

11:53:41 You are getting me confused here.

11:53:42 >>MIKE SUAREZ: I think you are stating under oath that

11:53:47 there is no tire service or -- you already raised your hand.

11:53:53 There's in a need for any dramatics.

11:53:55 We are just trying to get to the answers, okay?

11:53:57 >> Yes, sir.

11:53:57 >> There is in a tire store there now and you are not

11:54:00 selling or repairing tires or doing anything else at that

11:54:02 location now?

11:54:03 >> None whatsoever 360%, whatsoever from a year ago.

11:54:09 >> From a year ago?

11:54:10 >> Yes, sir.




11:54:11 >> Mrs. Kert, can I ask you a question?

11:54:16 Hypothetical question.

11:54:17 If someone lies under oath to us about a condition existing

11:54:21 or not existing, what is our recourse in terms of the site

11:54:25 plan and the way the planning -- the land use process goes

11:54:29 forward?

11:54:32 >> Well, it's a crime.

11:54:35 It's illegal under Florida statutes to lie under oath to a

11:54:38 body like City Council.

11:54:40 >>MIKE SUAREZ: Thank you.

11:54:45 >>CHARLIE MIRANDA: I'm not running grammar school here.

11:54:47 I'm trying to get to the bottom of this to finish this

11:54:50 hearing.

11:54:55 Ms. Mulhern?

11:54:57 Any other council member who has not spoken?

11:55:01 Okay, you get a closing.

11:55:03 >> My desire is at this time that the decision be made today

11:55:11 for the approval, that it is to verify the truth of who lied

11:55:18 under oath today.

11:55:20 >>CHARLIE MIRANDA: Hold it, hold it.

11:55:21 I'm not coming to anyone's deference but you are taking the

11:55:23 words and making them suitable to you, sir.

11:55:26 He never said that.

11:55:27 >> He say he took a picture a --

11:55:30 >> No, listen to me.




11:55:32 I'm talking about Councilman Suarez.

11:55:33 He never said you.

11:55:34 He never -- he said hypothetical.

11:55:41 It's hypothetical.

11:55:43 You are not is not hypothetical.

11:55:44 Your name is not theory.

11:55:46 So let's clear that record.

11:55:47 I am not going to get involved in that kind of stuff.

11:55:49 >> It is in the record.

11:55:52 >> And now what hours of operation do you want?

11:55:55 What hours do you want to serve food?

11:55:57 >> Eleven in the morning to ten p.m. Monday through

11:56:00 Thursday.

11:56:00 >> What hours do you want to serve alcohol?

11:56:03 >> From 11 -- 11 to 10 p.m. at night.

11:56:10 >> You told me 10:30 to eleven.

11:56:12 First you tell me eleven.

11:56:14 Make up your mind.

11:56:15 I can't --

11:56:16 >> Let's say 10:30 in the morning to 10 p.m.

11:56:21 Is that clear?

11:56:22 10:30 to 10 p.m.

11:56:23 >> Okay.

11:56:23 Any other council members questions?

11:56:25 >> I want to make sure he understands when he says 10 p.m.




11:56:29 that's what time you are closing.

11:56:30 >> That's when I close, yes, 10 p.m.

11:56:32 >> Because rate now it says 11 p.m.

11:56:34 >> No, 10 p.m. is when we close.

11:56:36 >> So 11 a.m. to 10 p.m.

11:56:38 >> That's correct.

11:56:39 >>CHARLIE MIRANDA: No, he changed his mind three times.

11:56:43 10:30.

11:56:43 >> Okay.

11:56:44 I am writing this down.

11:56:45 10:30 a.m. to 10 p.m., hours of operation.

11:56:48 >> And then Friday, Saturday and Sunday, same time, 10:30 to

11:56:57 1 a.m.

11:57:06 Because the weekend.

11:57:07 Yes.

11:57:07 >> So Friday and Saturday, 10:30 a.m. to 1 a.m.

11:57:16 And then Sunday from 11 a.m. to what time on Sunday close?

11:57:26 >> 1 a.m.

11:57:27 >> 1 a.m. on Sunday?

11:57:30 >> Yes.

11:57:32 Or take it to 12 --

11:57:34 >>CHARLIE MIRANDA: Listen to me.

11:57:35 Don't give me five options.

11:57:37 You're the owner.

11:57:38 You are the restaurant or somebody is the owner.




11:57:40 Give us what you want, yes or no.

11:57:42 >> 12 on Sunday.

11:57:44 >> You gave me 1.

11:57:46 11.

11:57:47 12.

11:57:47 >> Make it 12 on Sunday.

11:57:50 >> Okay.

11:57:51 So I am going restate for the record.

11:57:53 Monday through Thursday, 10:30 a.m. to 10 p.m.

11:58:00 >> That's correct.

11:58:05 >>LISA MONTELIONE: Friday and Saturday, 10:30 a.m. to 1

11:58:07 a.m.

11:58:08 >> That's correct.

11:58:10 >> Sunday 11 a.m. to 12.

11:58:14 >> That's correct.

11:58:17 >> Okay, we have hours.

11:58:18 >> Any further questions by council members?

11:58:20 Need a motion to close.

11:58:22 >>HARRY COHEN: Move to close.

11:58:24 >>FRANK REDDICK: Second.

11:58:25 >>CHARLIE MIRANDA: All in favor of the motion please

11:58:26 indicate by saying aye to close.

11:58:29 The ayes have it unanimously.

11:58:30 Who wants to read this ordinance?

11:58:33 >> I move an ordinance presented force for first reading




11:58:36 consideration an ordinance for S-2 for alcoholic sales

11:58:41 restaurant on premises and making lawful the sale of

11:58:44 beverages regardless of alcoholic content beer wine and

11:58:46 liquor on that certain lot, plot or tract of land located at

11:58:51 2901 west Columbus drive, Tampa, Florida as more

11:58:54 particularly described in section 2, that all ordinances or

11:58:57 parts of ordinances in conflict are repealed, providing an

11:59:01 effective date, and that is to include the hours of Monday

11:59:05 through Friday, opening 10:30 a.m., closing 10 p.m., Monday

11:59:15 through Thursday, 10:30 a.m. to 10 p.m.

11:59:23 Friday and Saturday, 10:30 a.m. till 1 a.m.

11:59:26 Sunday, 10:30 a.m --

11:59:31 >> Eleven.

11:59:31 >>MARY MULHERN: 11 p.m.

11:59:34 >> No, 11 a.m.

11:59:36 >>MARY MULHERN: 11 a.m.

11:59:38 Opening at 11 a.m., closing at midnight.

11:59:44 >>HARRY COHEN: Second.

11:59:46 >>CHARLIE MIRANDA: I have a motion by --

11:59:50 >>LISA MONTELIONE: Because we need to include the no

11:59:53 outdoor music.

11:59:54 >>MARY MULHERN: No outdoor music.

12:00:00 >>CHARLIE MIRANDA: Motion by Mrs. Mulhern, second by Mr.

12:00:03 Cohen.

12:00:03 Any further discussion by council members?




12:00:05 All in favor of the motion please indicate by saying aye.

12:00:07 Opposed nay.

12:00:08 Nay.

12:00:09 Let me tell you why I voted no.

12:00:10 Because there's not one restaurant on that strip that I know

12:00:14 of that's a restaurant that serves liquor past 10:00, 11:00.

12:00:20 Not one.

12:00:21 But thank you very much.

12:00:22 Okay.

12:00:23 We go to hearing number --

12:00:26 >> I'm sorry, what was the vote?

12:00:29 >>THE CLERK: I think Suarez voted no.

12:00:34 >>MARTIN SHELBY: And open the record, who voted no?

12:00:36 >>CHARLIE MIRANDA: I voted no.

12:00:37 >>MIKE SUAREZ: I voted no.

12:00:39 >>THE CLERK: Motion carried with Miranda --

12:00:43 >> I'm sorry, excuse me.

12:00:45 >>CHARLIE MIRANDA: Let's go.

12:00:46 Vote. Roll call. Let's go.

12:00:47 >>THE CLERK: Motion carried with Miranda and Suarez voting

12:00:50 no and Capin being absent.

12:00:52 Second reading of the ordinance will be held December

12:00:54 6th at 9:30 a.m.

12:00:57 >>CHARLIE MIRANDA: Is that correct?

12:00:58 Thank you all very much.




12:00:59 Item number 63 cannot be heard.

12:01:05 Or 64.

12:01:06 Anyone here on 63 and 64?

12:01:08 >> Mark Bentley, I request the petitioner.

12:01:26 We requested a continuation.

12:01:29 We notified the neighborhood association.

12:01:31 >>CHARLIE MIRANDA: You are talking about 64, correct?

12:01:34 >>MARK BENTLEY: Yes, sir.

12:01:35 >>CHARLIE MIRANDA: All right.

12:01:35 And you want a continuance to December 20th?

12:01:38 >> That's correct.

12:01:41 >>CHARLIE MIRANDA: Ba time, clerk?

12:01:43 >>THE CLERK: 10:30 a.m.

12:01:44 >>FRANK REDDICK: Move to December 20 at 10 a.m.

12:01:49 >>CHARLIE MIRANDA: Anyone care to speak to the continuance

12:01:51 only?

12:01:51 I see no one.

12:01:52 I have a motion by Mr. Reddick.

12:01:54 Second by Mr. Cohen to that effect.

12:01:56 All in favor of the motion pleas indicate by saying aye.

12:01:59 Opposed nay.

12:02:00 The ayes have it unanimously.

12:02:01 Thank you very much on 64.

12:02:02 On 63 there's in a affidavit file.

12:02:07 >>MARTIN SHELBY: Can we have a motion to remove it from the




12:02:09 agenda?

12:02:10 >> So moved.

12:02:11 >> Second.

12:02:12 >>CHARLIE MIRANDA: I haven't gotten to that but I'm here

12:02:14 now.

12:02:14 I have a motion.

12:02:15 There's three of us.

12:02:17 Mr. Cohen made it to remove from the agenda.

12:02:20 Seconded by Mr. Suarez.

12:02:22 All in favor of that motion please indicate by saying aye.

12:02:24 Opposed nay.

12:02:25 The ayes have it unanimously.

12:02:26 We go now to item number 65.

12:02:28 >>HARRY COHEN: I move to extend for half an hour to 12:

12:02:43 30 minutes.

12:02:43 All in favor of that motion?

12:02:45 The ayes have it unanimously.

12:02:46 >> The property address is 611 to 655 North Franklin Street.

12:02:56 And it's 611, 633 and 655.

12:03:00 Applicant's named is TWC Fifty Eight Limited.

12:03:05 The recommendation is from developmental review committee,

12:03:09 finds it consistent with current applicable land development

12:03:12 regulations with minor site plan modifications between first

12:03:15 and second reading.

12:03:16 The current zoning district CBD1, alcoholic beverage sales




12:03:24 for large venue beer wine and liquor for consumption on

12:03:27 premises only.

12:03:28 Requesting two waivers to reduce required distance

12:03:30 separation from 250 feet to 80 feet for further

12:03:34 establishments serving alcohol, minimum distance separation

12:03:38 from 250 fate to zero feet for residential uses with staff

12:03:42 could not find.

12:03:47 These are photographs of the subject location.

12:04:06 This is the plaza.

12:04:07 And the Tampa Theatre.

12:04:10 This is the corner of Franklin and Twiggs which is in

12:04:13 northeast.

12:04:16 This is the west side looking north.

12:04:18 This is the courtyard area which comes in to play.

12:04:24 A look at that area from the east.

12:04:36 This is looking west to the subject property.

12:04:38 This is looking across the street.

12:04:41 To the northwest.

12:04:43 This is the plaza.

12:04:44 Open parking lot.

12:04:47 Here is a better look at that open area.

12:04:56 The site is occupied by a three-story building.

12:04:59 A 22 story office building with a parking garage.

12:05:04 The proposed sale area encompasses two stories of the indoor

12:05:07 area, a three-story building.




12:05:10 Two stories of an adjacent building.

12:05:13 First lobby area and of the, office building.

12:05:21 Total sales area contains 42,580 square feet.

12:05:28 Adjacent parking garage containing 472 total parking spaces

12:05:31 which meets the required parking of 296 spaces.

12:05:35 City Council approved an AB sales application V-12-164 on

12:05:40 the subject property back in May 2012 to allow 9010 square

12:05:46 feet of AB sales area for restaurant and places of assembly.

12:05:47 The application proposed to increase total AB sales area

12:05:47 from 9010 square feet to 42,580 square feet for large venue.

12:05:59 Developer is required to comply with section 27.442, for any

12:06:03 deficiency in parking as described on the site plan.

12:06:10 The site plan modifications are listed below.

12:06:12 To update the parking per transportation review.

12:06:20 We have not been notified of how large the kitchen will be

12:06:26 provided on this establishment or not.

12:06:29 >>CHARLIE MIRANDA: I'm sorry, put the mike in front of you

12:06:31 because the mike is to the side and we are missing you.

12:06:36 Don't fix your body, just fix the mike.

12:06:38 >> Yes, sir.

12:06:40 Of importance to council and staff, the fact that we

12:06:43 determined whether this establishment will provide a full

12:06:45 kitchen, accessible for the occupancy of this building and

12:06:50 use, or if they are going to provide noise and security

12:06:53 attenuation, which is required prior to second reading.




12:07:04 >>CHARLIE MIRANDA: Petitioner?

12:07:06 >>MARK BENTLEY: 201 North Franklin Street, Tampa 33602.

12:07:30 >>MARY MULHERN: I represent the Wilson company limited.

12:07:32 They own the entire block under consideration.

12:07:34 We are not wet zoning the entire block, just the shaded area

12:07:40 on the site plan which is oriented towards Franklin Street.

12:07:43 In May, council approved one aspect or one component of the

12:07:48 property which is the historic building, the exchange bank

12:07:51 building, and that's been used successfully, and it's

12:07:55 actually called the fault for special events during USF art

12:08:02 shows and things like that.

12:08:03 And that's the intent to operate similar to the Tampa Museum

12:08:05 of Art and have corporate events and special events.

12:08:10 In terms of the noise mitigation plan, what your code says

12:08:15 if you are not going to have a full kitchen and sell the

12:08:19 full gamut of alcohol, then you have to provide for a

12:08:22 security plan, a noise mitigation plan.

12:08:25 Bringing to council's attention that there are three, actual

12:08:28 special areas, I guess could you characterize in the city of

12:08:31 Channelside, downtown, and Ybor City, where the decibel

12:08:35 levels under 835 and C scale 87, encourage a lot of activity

12:08:41 in these particular areas, versus the balance of the city at

12:08:44 60.

12:08:44 So not withstanding that, what the client would agree to on

12:08:49 the outside area is the lawn area which is actually the




12:08:53 front if you are familiar with the property, exchange bank

12:08:55 building, 22 story on Franklin is the open courtyard that

12:08:59 they would not have any amplified music at 12, not

12:09:02 withstanding how liberal the noise ordinance is as well.

12:09:05 And right now, what they are considering right now is like I

12:09:11 said, it's actually under operation.

12:09:13 The vault.

12:09:14 There's been a lot of discussion with some restaurateurs,

12:09:17 and ultimately when they implement their project is with the

12:09:22 property, a restaurant that would utilize the open courtyard

12:09:28 area and have kind of an outside cafe area with tables along

12:09:31 Franklin Street, which is pretty wide in that area.

12:09:34 So the client is really excited about this.

12:09:36 I think with downtown is looking for this type of activity

12:09:41 and we would respectfully request the council's approval.

12:09:44 If you have any questions, certainly let me know.

12:09:46 >>CHARLIE MIRANDA: Any questions by council members?

12:09:48 Anyone in the audience care to speak on this item?

12:09:50 Item number 65.

12:09:56 Does that meet your requirements, what you said earlier?

12:10:02 >> No amplified music after 12 on the outside area.

12:10:07 >> Move to close.

12:10:09 >> Second.

12:10:10 >>CHARLIE MIRANDA: I have a motion to close by Mr. Reddick.

12:10:12 Second by Mr. Cohen.




12:10:13 Further discussion by council members?

12:10:14 All in favor of the motion please indicate by saying aye.

12:10:16 Opposed nay.

12:10:17 The ayes have it unanimously.

12:10:18 Who wants to read the ordinance?

12:10:19 >>HARRY COHEN: I move an ordinance being presented for

12:10:23 first reading consideration, an ordinance repealing

12:10:26 ordinance number 2012-61 approving a special use permit S-2

12:10:31 for alcoholic beverage sales, large venue on premises only

12:10:35 and making lawful the sale of beverages regardless of

12:10:38 alcoholic content beer wine and liquor on that certain lot,

12:10:41 plot or tract of land located at 611-655 North Franklin

12:10:44 Street, units 611, 633 and 655 Tampa, Florida as more

12:10:50 particularly described in section 2 imposing certain

12:10:53 conditions based upon the location of the property, that all

12:10:57 ordinances or parts of ordinances in conflict are repealed

12:11:00 providing an effective date.

12:11:01 And incorporating the petitioner's desire not to have

12:11:09 amplified music after midnight.

12:11:16 >>CHARLIE MIRANDA: All in favor of the motion please

12:11:17 indicate by saying aye.

12:11:18 Opposed nay.

12:11:19 Motion passes unanimously.

12:11:20 >> Motion carried with Capin being absent and Mulhern being

12:11:25 absent at vote.




12:11:26 Second reading of the ordinance will be held December

12:11:29 6th at 9:30 a.m.

12:11:39 >>ERIC COTTON: Land Development Coordination.

12:11:40 This is a review.

12:11:42 Variance Review Board for this case, September 11th,

12:11:47 denied the request for a grand tree removal.

12:11:49 The applicant was Kevin Robles for a property at 6029 second

12:11:53 street.

12:11:58 This is the property.

12:12:01 You can sort of see the tree in the aerial.

12:12:03 This is the site plan that had been submitted by the

12:12:05 applicant.

12:12:09 Showing the proposed structure.

12:12:10 So the location where the tree is.

12:12:12 This is a reasonable use criteria about the hardship that

12:12:14 you are more familiar with.

12:12:16 I'll let Mr. Shelby explain the criteria. Basically the

12:12:21 applicant, by this level of the trees, therefore trying to

12:12:30 show the board, and the board denies through the request,

12:12:33 the tree had to come out.

12:12:38 We have an estimate for you.

12:12:38 >> Any questions by council members?

12:12:52 If not we will hear from petitioner.

12:12:54 >> Thank you, City Council.

12:13:05 My name is Kevin Robles, petitioner.




12:13:08 I reside at 2107 chestnut forest drive.

12:13:13 The background of this request that comes before the City

12:13:16 Council to appeal the Variance Review Board meeting, seek

12:13:20 under the reasonable use provision of the tree and landscape

12:13:23 ordinance.

12:13:25 We met with David, the development on-site to review the

12:13:33 tree, and to discuss acceptable alternatives to the design

12:13:37 of the single-family residence on the subject property.

12:13:40 The subject property is 50 by 100 platted lots with an RS 50

12:13:47 zoning, under the RS 50 zoning the required structure

12:13:50 setbacks are 20 feet in the front, and rear, along with

12:13:55 7-foot side setbacks on either side.

12:13:57 In meeting with Mr. Reilly and discussing the alternative

12:14:01 design that was discussing alternative design which would

12:14:05 essentially wrap the proposed structure around the tree

12:14:07 maintaining the 20-foot protective barrier for the grand

12:14:11 tree.

12:14:12 Additionally, Mr. Reilly recommended that the rear portion

12:14:15 of the house only be one story due to the canopy of the

12:14:18 western portion of the tree structure.

12:14:20 The alternative design for Mr. Reilly will result in a net

12:14:25 width of 13 feet, along with this much unusual design would

12:14:29 not be desirable in the marketplace and due to the geometry

12:14:32 of the room the house would absolutely be dysfunctional and

12:14:34 all the rams would be approximately nine feet in width and




12:14:38 set up in a linear orientation with a 60-foot long hallway.

12:14:42 It is my opinion that there would be nearly impossible to

12:14:45 find a buyer to be attracted to invest in this style home

12:14:49 without a pricing structure that would have would make

12:14:56 absolutely no economic sense to even consider constructing

12:14:59 such a structure.

12:15:00 I have analyzed the surrounding developed parcels and

12:15:03 housing stock within the surrounding 250-foot radius to

12:15:06 determine the current pattern of construction to determine

12:15:09 the current housing stock and have found the most narrow

12:15:13 home to be 28 feet, and the widest home to be 104 feet wide,

12:15:18 and have created a collage of photos to illustrate the

12:15:22 homes, in averaging this an average of 38 feet.

12:15:41 With that being said, I am going to try to walk you through

12:15:44 a bit.

12:15:45 This is second Avenue on the front.

12:15:47 This is the rear of the property.

12:15:48 Here are the sides.

12:15:49 There are three adjoining developed homes to the east --

12:15:56 excuse me, to the west, to the south and to the north.

12:15:59 The proposed yellow structure that you see there is the

12:16:03 proposed house for David Riley and the Parks and Recreation

12:16:07 Department.

12:16:08 They are proposing that the house be 13 feet wide here

12:16:13 beings and it would be 35 feet across the front with the 20




12:16:16 feet of the front being the garage, which would essentially

12:16:19 put the living space here, and additionally from

12:16:25 approximately this point back would only be a one-story.

12:16:30 Due to the canopy of the tree.

12:16:34 Any questions on the site plan?

12:16:36 >>CHARLIE MIRANDA: Any questions by council members at this

12:16:37 time?

12:16:39 Continue.

12:16:39 >> For your review.

12:16:59 >> I just want to kind of run through additionally the

12:17:06 address, and the house width are listed.

12:17:44 For both the tree preservation and the design of the

12:17:46 proposed home.

12:17:47 Unfortunately, the side setback to the property, I am going

12:17:49 to go back to the site plan.

12:17:59 Seven feet.

12:18:00 Approximately seven feet here.

12:18:02 The property perpendicular to the rear property line is

12:18:04 actually seven feet.

12:18:07 These are not rear yard to year yard.

12:18:09 This is side yard to rear yard.

12:18:11 Additionally, this structure right here is approximately

12:18:13 seven feet here with this being seven feet here.

12:18:18

12:18:27 So what parks and recreation does do in those cases is to




12:18:32 reduce the 20-foot protective radius to 15.

12:18:36 Additionally, in the past, there has been relief given to

12:18:40 side setbacks.

12:18:43 Unfortunately, the side setback to the south, adjoining

12:18:50 property is seven feet from the property line, and moving

12:18:52 the proposed house in that direction may allow you to gain

12:18:55 an additional two feet or so, much more than to begin to

12:18:59 compromise the public safety due to possible fire hazard

12:19:02 implications by not having enough physical distance between

12:19:05 the existing structure and the proposed structure.

12:19:07 Offering relief to the rear setback is not practical or

12:19:10 viable as the adjoining property, the adjoining property to

12:19:13 the rear is oriented perpendicular to the property.

12:19:17 Therefore the rear existing structure is only seven feet

12:19:20 from the property line.

12:19:21 It would effectively not allow for any rear yard and the

12:19:26 neighboring home would be further visually constrained for

12:19:29 rear living space.

12:19:30 Due to canopy issues and protective radius space, the net

12:19:35 yield of the proposed structure would be minimal with little

12:19:38 to no gain in flexibility -- little or no net gain in

12:19:42 flexibility to the alternative design.

12:19:44 Moving the proposed structure forward would offer up to an

12:19:48 additional 20-foot maximum, but in turn would severely

12:19:51 impact the streetscape and would be very inconsistent with




12:19:54 all of the adjoining and surrounding properties and would

12:19:57 effectively create a severe vehicular parking issue at the

12:20:01 proposed residence and severely disrupt a very consistent

12:20:04 parking pattern of the surrounding residents.

12:20:06 I do believe the photos sort of indicated the typical

12:20:10 orientation, and I'm going to point out what I'm speaking

12:20:12 to.

12:20:13 This is your 20-foot setback in the front, and by sliding

12:20:18 the houses forward, you begin to lose all your parking space

12:20:22 in the driveways and effectively push your parking out on to

12:20:26 the street.

12:20:26 After exploring all of the alternatives to the designing of

12:20:33 a structure that would allow for the tree to be saved, no

12:20:35 design will be aesthetically pleasing, not -- and not be

12:20:40 severely economically compromising by a house design that

12:20:44 would not be accepted in the real estate marketplace.

12:20:46 I would respectfully request that City Council grant the

12:20:49 owner permission to remove the tree and mitigate the loss of

12:20:52 the tree by replanting inch for inch or payment into the

12:20:55 tree trust fund or some combination thereof to mitigate the

12:21:01 removal of the grand tree.

12:21:02 Additionally, to further illustrate my point of valuation

12:21:07 and diminution of value, to further illustrate that point,

12:21:11 the property owner, who is here today and will get up and

12:21:15 speak by way of his broker, which is here today, who has




12:21:18 been marketing the property for several years, an e-mail was

12:21:22 received from Miss Amanda Collins as an offer to purchase

12:21:27 the lot from Mr. Page for $10,000.

12:21:30 At best, let the Council know that Amanda Collins was one

12:21:38 who got up and spoke in opposition to the plan at the

12:21:41 variance review board hearing on September 11th.

12:21:47 On September 18th, she forwarded the e-mail to the broker.

12:21:52 Mr. Mike Bosco, who is here today, stating that she would

12:21:57 now purchase the property for $10,000.

12:21:59 At best, I will assume that due to the fact that the owner

12:22:04 has been denied -- has been denied relief under the

12:22:10 reasonable use provision, the property value was diminished

12:22:13 by almost 80%.

12:22:15 At worst, Ms. Collins and Mr. Plantaber whom were speaking

12:22:23 at the September 11th hearing at the Variance Review Board

12:22:27 and whom lived next door to this property spoke out on

12:22:30 September 11th in opposition to the tree removal.

12:22:35 Determined to see that Mr. Page is denied reasonable use for

12:22:41 their personal gain.

12:22:43 I will only assume that they wanted to see the tree saved

12:22:46 and now fully understand that there's no reasonable or

12:22:49 economic alternative design to be able to save the tree and

12:22:53 fully understand there's no way to develop the property and

12:22:55 save the tree.

12:22:56 Based upon that scenario, the property would be devalued by




12:23:02 almost 80% based upon the current contract for sale on the

12:23:05 property and the contract offer.

12:23:08 I'd like to add into the record copies of the e-mail.

12:23:22 At this point, I do request that the Council grant us

12:23:26 relief.

12:23:27 Also, I'm going to ask Mr. Page, the property owner, to come

12:23:30 up and speak shortly.

12:23:37 >> When did your client buy the home?

12:23:38 I mean, buy the lot?

12:23:42 I'm assuming it was an empty lot.

12:23:45 >> 2004.

12:23:49 >>MIKE SUAREZ: The tree was there at the time.

12:23:51 >> The yes, yes, it was there.

12:23:53 >>MIKE SUAREZ: What was the thinking of your client when he

12:23:55 bought an empty lot with a grand tree there.

12:23:58 I'm sure he was represented by a broker in terms of the tree

12:24:02 ordinance.

12:24:03 I would assume somebody might have mentioned that to him.

12:24:06 >> I don't know.

12:24:06 We'll need to ask him.

12:24:09 >>MIKE SUAREZ: Sir, if you don't mind, have you been sworn

12:24:12 in already?

12:24:13 >> Yes, he's been sworn in.

12:24:15 Mr. Page.

12:24:20 >> Robert Page, 370 Washington avenue, safety harbor.




12:24:25 The current owner of the lot in question on 2nd street.

12:24:30 To answer your question, directly, yes, the tree was there,

12:24:34 but, of course, over the years, it's grown.

12:24:37 It was considerably smaller then.

12:24:38 It didn't present a problem.

12:24:40 My intent was to do exactly what the contractor, Mr. Robles

12:24:44 is now going to do, but I was caught falling off the cliff,

12:24:51 as many others were, five years ago when everything came to

12:24:54 a screeching halt in south Tampa.

12:24:56 >>MIKE SUAREZ: Okay.

12:24:57 Well, the question I have is, were you advised about what

12:24:59 the tree ordinance was?

12:25:00 It wasn't a minor tree.

12:25:02 It was still a great tree then.

12:25:04 It didn't grow that much, did it?

12:25:06 >> Well, my understanding a great tree was something in the

12:25:09 neighborhood of 26 inches.

12:25:11 >>MIKE SUAREZ: What is it now?

12:25:13 >> Now, I'm not --

12:25:16 >>MIKE SUAREZ: What is the tree now?

12:25:17 Do you know how big it is now?

12:25:19 >> It's probably about 18 or 20 inches now.

12:25:21 Back then, it was probably about 14 inches.

12:25:24 >>MIKE SUAREZ: It's grown four inches, essentially, is what

12:25:28 you're saying?




12:25:29 >> No, I think it's grown about ten inches over the years.

12:25:32 I'm not well versed in trees and the technicalities of

12:25:39 trees, but I wanted to preface my comments by saying on the

12:25:46 overhead, you see it's a well-established south Tampa

12:25:49 neighborhood, many, many trees.

12:25:52 >>MIKE SUAREZ: Can I interrupt you for just a second?

12:25:56 The question I have for you, did you talk to anyone prior to

12:25:59 buying this?

12:25:59 You had a broker involved in this, did he mention anything

12:26:03 about trees in terms of whether or not you could or couldn't

12:26:05 build or any idea?

12:26:07 >> Yes.

12:26:08 Yeah, we were assured at the time that we could go ahead and

12:26:12 start building.

12:26:13 I had that lot and a number of other lots.

12:26:16 But, again, I went off the cliff with everyone else.

12:26:22 >>MIKE SUAREZ: I guess my question was, you were advised

12:26:25 there may be a problem with the tree or there would be no

12:26:27 problem?

12:26:28 >> There would be no problem with the tree as it was at that

12:26:30 time.

12:26:30 So we have attempted to sell that lot over five years, and

12:26:34 finally Mr. Robles came forward with an offer that's

12:26:40 acceptable.

12:26:44 >>MIKE SUAREZ: Do you know anything about this particular




12:26:46 part of it?

12:26:47 I'm sorry.

12:26:48 I have a question about when did it become a great tree.

12:26:53 Falls within the ordinance.

12:26:56 >> I believe that you have -- your resources staff would be

12:27:01 better able to testify about that.

12:27:03 >>MIKE SUAREZ: I only asked you because you're in my line of

12:27:06 sight.

12:27:07 >> Mary Danielewicz-Bryson, natural resources, I have been

12:27:11 sworn.

12:27:12 The tree is a 36-inch tree.

12:27:14 A live oak at over 30 inches does not grow exponentially.

12:27:22 It does not grow very, very fast at its stage in life.

12:27:29 So it probably was either very close to being a grand which

12:27:33 we would still require a substantial setback at the time he

12:27:36 purchased the lot.

12:27:39 It is a grand tree once it reaches 175 points based on the

12:27:45 circumference, the height, and the average canopy spread.

12:27:51 >>MIKE SUAREZ: In your experience, if we think back to 2004,

12:27:54 the number of years that it takes, what on average is a live

12:27:57 oak will grow?

12:27:59 >> Well, when a tree is younger, it could put on girth, one

12:28:03 to two inches per year, but when it's a much larger tree it

12:28:08 takes a lot more energy to put on girth.

12:28:13 >>MIKE SUAREZ: I know I'm asking you an unfair question.




12:28:17 >> Right.

12:28:18 >>MIKE SUAREZ: My question is, because it's a protected tree

12:28:20 now, I'm just wondering how --

12:28:23 >> It would have been probably maybe 32, 33 inches, very,

12:28:26 very close to being grand status at that point.

12:28:29 >>MIKE SUAREZ: All right.

12:28:30 Thank you.

12:28:38 >>MARY MULHERN: So when you bought this lot, there was no

12:28:40 house on it, just an empty lot?

12:28:42 >> There was no house and there is no house now.

12:28:47 >>MARY MULHERN: Have we seen a picture of the lot from the

12:28:49 street view?

12:28:50 No, we haven't seen that?

12:28:55 >> It may be redundant, but I went there yesterday and took

12:29:00 some pics of my own, if I can show you what I took.

12:29:05 How does this go?

12:29:06 Oh, there it goes.

12:29:08 This is the lot.

12:29:13 This is the yellow house to the south.

12:29:22 This is the house adjacent to the lot to the north.

12:29:26 Now, Mr. Robles showed a number of pictures.

12:29:30 >>MARY MULHERN: I wanted to see the lot, not the houses

12:29:34 around it.

12:29:34 Just the lot.

12:29:36 >> All right.




12:29:36 That one is a bit faded.

12:29:39 Can you see that one?

12:29:43 >>MARY MULHERN: Is that from the back?

12:29:45 Here is another one from the front.

12:29:52 >> The subject tree --

12:29:55 >> There is a large shed on top of that lot.

12:29:57 That might be what's confusing you.

12:30:00 >> There is a fence in the front and large metal shed, work

12:30:03 shed.

12:30:04 >>MARY MULHERN: So was this formerly -- was the property

12:30:09 owned by the house next door or something?

12:30:12 >> It was.

12:30:13 >>MARY MULHERN: Okay.

12:30:14 So that was an accessory structure for the other lot?

12:30:19 >> It was.

12:30:19 It was like a metal workshop.

12:30:22 And it's still there.

12:30:23 That picture was taken yesterday.

12:30:26 >>MARY MULHERN: So when you -- did you buy the lot from the

12:30:31 homeowner who --

12:30:33 >> Yes.

12:30:34 >>MARY MULHERN: Was there some kind of rezoning, replatting

12:30:40 to split that lot?

12:30:41 >> No.

12:30:42 There were two, there were two separate 50-foot lots.




12:30:46 >>MARY MULHERN: Two separate lots.

12:30:47 >> Yes.

12:30:49 >>MARY MULHERN: Okay.

12:30:50 Thank you.

12:30:50 So that fence we're looking at is from the -- in the front

12:30:55 of the property?

12:30:56 >> Yes.

12:30:56 That is in the front of the property.

12:30:58 Now, Mr. Robles presented a number of houses, pressed out to

12:31:07 the lot lines.

12:31:08 Again, I'm not versed in technicalities of tree removal, but

12:31:12 I did take this pic of the house that is being constructed

12:31:17 about six homes down.

12:31:20 All the homes there are about that size.

12:31:22 It would suggest to me that trees, through some means, had

12:31:28 to be eliminated.

12:31:30 I'm not technically aware of the detail, but trees had to go

12:31:35 away, as you saw from the overhead.

12:31:39 And this is the property directly across the street from the

12:31:45 lot, a rather fabulous house.

12:31:48 And I wanted to draw your attention to the fact that there

12:31:51 are three small trees in the front, which would suggest to

12:32:01 me as an outsider that some large tree must have been

12:32:04 removed in order to build that rather mansion looking house.

12:32:09 And I'm simply requesting to do the same thing.




12:32:12 And Mr. Robles has mentioned in his presentation that he is

12:32:17 prepared to do exactly that and replace new trees, the tree

12:32:24 that does go away, hopefully.

12:32:26 Now, on the economics of it, I think that it's reasonable to

12:32:32 think that a lot in south Tampa is worth considerably more

12:32:35 than $10,000, which is the broker tells me he recently

12:32:40 received an offer of $10,000.

12:32:43 I'm requesting that the tree be removed so that I can accept

12:32:48 Mr. Robles offer, which is considerably more.

12:32:51 Given the economic hardship to myself and the practicality

12:32:59 against technicality, practicality says let Mr. Robles build

12:33:05 the house that he is proposing and in line with the type of

12:33:12 homes being built adjacent to the lot.

12:33:19 So I'm asking for relief on this.

12:33:21 Any further questions.

12:33:23 >>CHARLIE MIRANDA: As I stated earlier, I'm going to start

12:33:26 losing Council member here in about 30 seconds.

12:33:28 Because I was --

12:33:32 >> Any further questions?

12:33:34 >>CHARLIE MIRANDA: I have no control over that.

12:33:35 You're going to lose another Council member in 30 minutes, I

12:33:38 have no control over that.

12:33:40 So I need an extension of time, first of all.

12:33:44 >> Move to extend the time 15 minutes.

12:33:46 >>CHARLIE MIRANDA: I have a motion by Ms. Montelione, second




12:33:52 by Mr. Suarez for additional 15 minutes.

12:33:55 Ayes have it unanimously.

12:33:56 Go on, sir.

12:33:58 I'm sorry.

12:33:59 >> I was saying were there any further questions for me?

12:34:02 >>CHARLIE MIRANDA: Any other questions by Council members?

12:34:04 I don't see any.

12:34:07 Anyone in the audience care to speak on this item?

12:34:10 Mr. Robles, you have --

12:34:22 >> Mr. Chairman, I was handed material from Ms. Foxx-Knowles

12:34:28 the clerk, a handwritten letter written by Donald Morrison

12:34:34 attached with a petition.

12:34:35 He asked that that be provided and made part of the record.

12:34:38 I just provided a copy to Mr. Robles for him to be able to

12:34:43 take a look at it, if he wishes.

12:34:45 Teacher who had to leave.

12:34:52 Anyway, he asked it be made part of the record.

12:34:55 I don't know if Mr. Robles would like to take --

12:34:58 >> I'll only comment.

12:34:59 I've just seen this for the first 15 seconds.

12:35:04 We had one group, one homeowner, two owners show up in

12:35:10 opposition during the variance review board hearing, and I

12:35:14 want to try to simplify this as best I can.

12:35:19 It is economically unfeasible to construct a house on that

12:35:24 lot with that tree under its current geometries as I stated




12:35:30 when I met with Dave Riley.

12:35:32 I'm simply going back to reasonable use and say it is

12:35:35 unreasonable to expect a homeowner, a lot owner, a

12:35:40 speculator, a builder or anybody to construct a house that's

12:35:43 13 feet wide.

12:35:44 There is no such thing as 13-foot wide house in the

12:35:47 marketplace.

12:35:47 I don't want to continue to confuse the issue.

12:35:52 We certainly will provide all the proper mitigation back

12:35:55 through parks and recreation be it the tree trust bank or

12:36:00 placing extra large trees back on the lot as the lot will

12:36:05 accommodate.

12:36:06 But I want to get real simple on this.

12:36:09 It is -- this gentleman is being denied reasonable use of

12:36:13 his property to be able to develop it with a house that's

12:36:17 13 feet wide.

12:36:18 If there are any further questions, I'll answer them.

12:36:21 >>CHARLIE MIRANDA: Any questions by Council members at this

12:36:22 time?

12:36:23 Ms. Mulhern.

12:36:25 >>MARY MULHERN: You're request of the variance review board

12:36:29 was to remove the tree, right?

12:36:31 >> A grand tree removal variance under the reasonable use

12:36:35 clause.

12:36:35 >>MARY MULHERN: Okay.




12:36:36 So my question, I think this might be for one of the staff

12:36:39 people, but I guess also to you.

12:36:41 What we're looking at on this overhead, is that the only

12:36:47 option?

12:36:49 What I would like to know if there is possibility for

12:36:52 trimming the tree to give more space, changing the setback?

12:37:00 >> Let me interject.

12:37:01 We did meet on-site with Dave Riley.

12:37:04 The only plan that was amenable to him on the on-site visit

12:37:11 was to essentially wrap the tree, if you're going to apply

12:37:16 for setback variance or setback relief, that was

12:37:21 unacceptable to me, and David Riley also in principle agreed

12:37:28 that the two side yards and the rear yard are abutted by

12:37:31 properties which are seven feet away.

12:37:33 There is no rear yard to the backyard --

12:37:39 >>MARY MULHERN: You didn't look at the other options for

12:37:42 variances.

12:37:43 You decided not to look at that, made that decision.

12:37:49 And I'd like to hear from Mary about when I'm looking at

12:37:56 this 13-foot wide L, are there options where they could save

12:38:04 the grand tree and actually build -- could you show me how

12:38:09 far they could build, especially as a one-story house under

12:38:14 that canopy.

12:38:17 >> Mary Danielewicz-Bryson natural resources, I have been

12:38:22 sworn.




12:38:22 This shows the 20-foot protective radius.

12:38:25 They could get as close as 15 with a pier and lentil

12:38:32 foundation and one story and then they could get a setback

12:38:34 variance and build toward the front, two story clearing the

12:38:38 canopy.

12:38:38 There would be limited pruning allowed on the tree, but we

12:38:43 could take a look at any --

12:38:45 >>MARY MULHERN: At least add another five feet to the width

12:38:53 for the long part of the L?

12:38:56 >> He could get a setback variance to the rear.

12:38:58 He could get a little closer to the tree here, five feet and

12:39:03 possibly with a one story.

12:39:05 And possibly a little closer to the tree here.

12:39:07 He could also ask for front setback variance, single story

12:39:12 within the canopy conflict areas and do two-story within the

12:39:17 front.

12:39:17 The tree is on the side of the lot.

12:39:19 It's not in the middle of the lot.

12:39:22 And we do believe it could be designed around.

12:39:25 It may not be the exact house that he desires to put on the

12:39:28 lot, but it would be a home that would situate the lot.

12:39:34 >>MARY MULHERN: Thank you.

12:39:36 >>CHARLIE MIRANDA: Any other Council member?

12:39:42 >>LISA MONTELIONE: That's what I was going to ask about the

12:39:45 width, but it still would only give, even with the




12:39:48 additional five feet it would only give 18 feet wide,

12:39:53 correct, instead of --

12:39:54 >> That is correct.

12:39:54 And to put that in perspective, a garage door, overhead

12:39:58 garage door for two-car garage is 16 feet wide.

12:40:08 >>LISA MONTELIONE: As she also pointed out, that you had

12:40:10 decided that a compromise on reducing the setback -- and let

12:40:15 me understand again.

12:40:16 When we're looking at the lot on here that is labeled lot

12:40:23 one, number 6031, that is the side.

12:40:30 >> That is correct.

12:40:30 That's side to side.

12:40:32 >>LISA MONTELIONE: So it is side to side there.

12:40:34 >> Yes, ma'am.

12:40:35 >>LISA MONTELIONE: So if you came another two feet because

12:40:41 they would allow an encroachment into the setback, so that

12:40:46 would bring you from 18 to 20, so going the five foot

12:40:54 addition closer to the tree, that's 18, and then two feet

12:40:56 into the setback, that would be a 20-foot wide.

12:40:59 >> That is correct.

12:41:06 >>LISA MONTELIONE: It's not ideal, but it's closer.

12:41:08 >> Just trying to put that in perspective.

12:41:09 The net gain in square footage by the time you go from two

12:41:13 story to single story and the net gain in square footage is

12:41:17 to go grab an additional two feet to the south, will only




12:41:20 net you about 182 square feet.

12:41:24 Net, net, net.

12:41:26 Additionally, within all that, when you start saying you

12:41:28 want to bring the first floor, second floor, you can go up

12:41:30 in the canopy, got to go down in the canopy, remember, you

12:41:34 net lose staircase area when you gain.

12:41:38 So it almost becomes a net zero gain.

12:41:42 And I did want to clarify one thing.

12:41:44 When we meet with natural resources and parks and recreation

12:41:49 on items such as this, we try to find the common ground to

12:41:54 begin with.

12:41:55 We don't make 15 plans and go, okay, which ones do you like?

12:41:59 When we meet with them, we say what would you accept?

12:42:03 So when I come back and I derive to this plan, it really is

12:42:08 based upon a field visit with parks and recreation.

12:42:12 I realize that there can be some release given on side

12:42:18 setbacks, but then you start getting on the slippery slope

12:42:21 of I like the side setbacks, I don't want to give those up,

12:42:24 the 250-foot, the residents that are impacted by the

12:42:28 250 feet, within the 250 feet.

12:42:31 So I sort of get in a situation where I'm in a damnable

12:42:36 position, damned if I do and damned if I don't.

12:42:39 If I pull the house forward, then you start getting parking

12:42:42 implications on what is a traditional residential secondary

12:42:47 street, which means you start forcing cars out onto the




12:42:50 roadway and then people don't like them being on the

12:42:52 roadway.

12:42:53 Additionally, if you give setback to the rear because that

12:42:56 side yard is perpendicular to that rear yard, effectively,

12:43:00 there is no yard left in this house.

12:43:03 No rear yard.

12:43:09 And so I'm still coming back to, you know, I believe that

12:43:13 there's not a way to work around this tree reasonably under

12:43:19 the reasonable use provision.

12:43:20 That's simply why I'm asking to remove the tree.

12:43:32 >>CHARLIE MIRANDA: Is that your closing?

12:43:34 Any other Council members?

12:43:35 Anything else, sir?

12:43:38 >> No.

12:43:39 Just thanks for hearing it out.

12:43:40 I know we got down to the last minute.

12:43:43 >>CHARLIE MIRANDA: I understand.

12:43:43 >> And I didn't get yelled at.

12:43:46 >>CHARLIE MIRANDA: We don't yell.

12:43:47 We just have difference of opinions sometimes.

12:43:53 >>MIKE SUAREZ: I move to uphold the VRB ruling on this case.

12:43:57 >> Second.

12:43:58 >>CHARLIE MIRANDA: Okay.

12:43:59 Well, first of all, we got to close the hearing.

12:44:05 I need a motion to close the hearing.




12:44:07 A motion to close the hearing by Ms. Mulhern, second by

12:44:11 Mr. Reddick.

12:44:12 All in favor of the motion, indicate by saying aye.

12:44:14 Opposed, nay.

12:44:15 Ayes have it unanimously.

12:44:17 Mr. Suarez.

12:44:17 >>MIKE SUAREZ: I move to uphold the VRB's decision on this

12:44:21 case.

12:44:22 >> Second.

12:44:22 >>CHARLIE MIRANDA: Okay.

12:44:23 I have a motion by Mr. Suarez.

12:44:24 I have a second by Ms. Montelione.

12:44:36 >>MARY MULHERN: I would like to add that I believe the

12:44:38 reasonable use standard, is that what we're talking about,

12:44:40 has not been met just from looking at the small site plan

12:44:47 drawing that the petitioner has shown us, and from also the

12:44:53 other photographs of the surrounding neighborhood and from

12:44:57 my knowledge, because I live in south Tampa in these size

12:45:01 lots with lots of trees, there are many options for fitting

12:45:06 a house onto a lot that size.

12:45:10 You just can't necessarily have a McMansion on every

12:45:14 50-by-100-foot lot.

12:45:17 >>CHARLIE MIRANDA: Okay.

12:45:18 Any further discussion by Council members?

12:45:20 I have a motion by Mr. Suarez.




12:45:23 A second by Ms. Montelione.

12:45:25 All in favor of the motion, please indicate by saying aye.

12:45:27 Opposed, nay.

12:45:29 Motion passes unanimously.

12:45:31 Thank you very much for appearing.

12:45:32 Okay.

12:45:34 Need a motion to receive and file the documents that were

12:45:36 presented today.

12:45:37 I have a motion by Ms. Montelione, second by Mr. Suarez.

12:45:40 All in favor of that motion, please indicate by saying aye.

12:45:45 Opposed nay.

12:45:46 The ayes have it unanimously.

12:45:47 General public comments.

12:45:48 Anyone in the audience care to speak to this Council at this

12:45:51 time?

12:45:51 See no one.

12:45:53 Anything else to come before the board?

12:45:57 Stand adjourned.



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