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Tampa City Council

Thursday, January 23, 2014

9:00 a.m. session


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08:42:03

09:06:07 [Sounding gavel]

09:06:09 >>CHARLIE MIRANDA: City Council is called to order.

09:06:10 The chair yields to Yvonne Yolie Capin.

09:06:14 >> I would like to present Sherry Silk who is going to

09:06:18 perform our invocation this morning.

09:06:20 She worked at animal services and is the Executive Director

09:06:25 of the Humane Society of Tampa Bay.

09:06:27 She was operations manager for Michigan's Humane Society in

09:06:30 Detroit prior to come to Tampa.

09:06:32 She is president of the Florida association of animal

09:06:34 welfare organization, a statewide coalition of animal

09:06:38 welfare and protection agencies, and also serves on the

09:06:43 Humane Society of the United States champion animals

09:06:45 advisory council and represents the State of Florida.

09:06:49 She is married, has two adult children.

09:06:51 She shares a home with two terrier mixes and two cats, which

09:06:55 are all adopted.

09:06:56 Please stand and remain standing for the pledge of

09:06:59 allegiance.

09:07:00 >>> As the council gathers here to make laws affecting the

09:07:11 people of Tampa, I ask you to lift your heads, open your

09:07:16 eyes.

09:07:18 Look to the community we serve and share, examples we make

09:07:20 and the legacies we leave.

09:07:23 That should be our greatest, most gracious and noble

09:07:26 intention.

09:07:26 As we go forward today on our different paths to our

09:07:29 different experiences and destinies, may our gratitude unite

09:07:32 us in the desire to using all that we have been given to

09:07:35 help those less fortunate than ourselves including the

09:07:38 animals in Tampa Bay.

09:07:40 Thank you.

09:07:40 [ Pledge of Allegiance ]

09:08:04 >>CHARLIE MIRANDA: Local roll call.

09:08:05 >>MIKE SUAREZ: Here.

09:08:08 >>YVONNE CAPIN: Present.

09:08:10 >>HARRY COHEN: Here.

09:08:12 >>CHARLIE MIRANDA: Here.




09:08:15 Need a motion to approve the minutes of the January 9.

09:08:19 Motion made by Mr. Suarez, seconded by Mrs. Capin.

09:08:23 All in favor of the motion indicate by saying aye.

09:08:25 Opposed nay.

09:08:26 The ayes have it unanimously.

09:08:27 Ceremonial activities, number one is presentation of an

09:08:30 individual who has been serving, very well recognized.

09:08:36 I forgot your name.

09:08:38 No, I'm only joking.

09:08:40 Mr. Jim Reese.

09:08:42 Mrs. Capin will handle that.

09:09:15 >>YVONNE CAPIN: This is a very special time, and it is with

09:09:20 great pleasure that I present this to you.

09:09:22 I am going to read the commendation.

09:09:27 Actually, first I am going to tell you a little bit about

09:09:30 Jim, and when I met him, and what he means to me.

09:09:35 I met Jim July 19th, 2010.

09:09:38 It was the day I was appointed to serve on council.

09:09:42 I went back to the office and asked, would you like to stay

09:09:45 on?

09:09:46 The answer was yes.

09:09:47 And I said, well, here we go.

09:09:50 And what I came to discover was that I had on my team Jim

09:09:56 Reese, an honest, compassionate, logical, straight shooter

09:10:01 with calm and ever the gently demeanor.




09:10:07 But more importantly, district 3 had in Jim a city-wide

09:10:12 ombudsman.

09:10:13 The definition of ombudsman according to Webster's

09:10:17 dictionary is, one, a public official who investigates

09:10:21 complaints of citizens against government agencies or

09:10:23 officials.

09:10:25 Definition 2.

09:10:27 A person who investigates and resolves complaints.

09:10:32 That's Jim Reese.

09:10:33 Jim Reese, the ever-public servant.

09:10:36 Thank you for staying on with me.

09:10:50 >>CHARLIE MIRANDA: Those are happy tears.

09:10:53 >>YVONNE CAPIN: Joyful.

09:10:54 Okay.

09:10:55 Here goes.

09:10:57 For over ten years Jim Reese has served as a legislative

09:11:00 aide to City Council members John Dingfelder and Yolie

09:11:06 Capin.

09:11:07 That would be me.

09:11:07 This marks his 50th year in government including mayor

09:11:13 in his hometown in New York as well as commissioner of

09:11:20 general services for Suffolks county, New York, and

09:11:26 facilities management.

09:11:27 A 1959 graduate -- and this is really important -- a 1959

09:11:32 graduate of the university of Minnesota.




09:11:34 Jim has many claims to fame, but he's one of two former UM

09:11:41 quarterbacks living in Tampa, the other being Tony Dungy.

09:11:45 Jim has served as mentor to his fellow legislative aide

09:11:49 serving as legendary historian, renowned English professor.

09:11:54 He's also known as our coach, mentor, entertainer, above all

09:11:58 true friend.

09:12:00 We have shared many laughs with him over the years.

09:12:03 Most of the time while listening to his stories and

09:12:06 devouring his gourmet double chocolate cake, but please

09:12:11 don't tell his wife Peggy.

09:12:14 We will all miss you, Jim.

09:12:16 Tampa City Council be's own golden gopher.

09:12:19 Thank you.

09:12:20 [ Applause ]

09:12:31 >> Jim Reese: Thank you very much, Yolie.

09:12:34 In all the things I have done in council I don't think I

09:12:37 have enjoyed doing anything more than being part of this

09:12:40 group here in the City of Tampa.

09:12:42 I look at all the members of City Council.

09:12:44 I know what you do.

09:12:45 I know how hard you work.

09:12:46 I know how hard the aides work on your behalf and take care

09:12:50 of all the problems in the city.

09:12:52 And it's been an absolute pleasure.

09:12:54 The distinct pleasure to work with Yolie.




09:12:57 One of the truly nicest people I've ever met.

09:13:09 Yolie, when we chatted, and I have worked with John

09:13:15 Dingfelder for eight years, enjoyed it very much and wanted

09:13:18 to continue on, and Yolie was gracious enough to accept me

09:13:23 to do that.

09:13:23 And what really made working here so great was an

09:13:27 opportunity I had to work with the lady on my left, Cindy.

09:13:34 Cindy Saw is without doubt the most efficient, hard working

09:13:39 person I've ever worked with, and I've worked in the private

09:13:42 sector as well as in government.

09:13:44 Yolie is so blessed, you are so blessed with her.

09:13:51 She just knows what to do, knows when to do it.

09:13:57 But she's great.

09:13:59 I'm very happy to be joined here this morning by my family,

09:14:03 right over here in the back is my wife Peggy, my son Jeff

09:14:06 and my daughter Pat.

09:14:09 So they have been with me down this journey for 50 years and

09:14:12 it's been just great with them.

09:14:14 So I say good-bye to everybody for now.

09:14:18 I will see you again.

09:14:21 Keep up the good work.

09:14:23 City of Tampa needs you.

09:14:24 Government needs you people.

09:14:27 Okay?

09:14:28 Thank you very much.




09:14:29 [ Applause ]

09:14:35 >>MIKE SUAREZ: Jim, I think Yolie forgot something in your

09:14:40 biography.

09:14:41 Weren't you drafted before Johnny Unitas in the draft?

09:14:45 >> I was drafted --

09:14:48 >> What round?

09:14:49 >> I was drafted ostensibly to replace John Unitas.

09:14:54 >> But you were not Mr. Insignificant.

09:14:57 You were drafted in the middle round, I believe.

09:14:59 >> I was drafted ahead of John Madden.

09:15:04 [ Laughter ]

09:15:05 >> The NFL's loss is our gain.

09:15:10 >>CHARLIE MIRANDA: You and I weren't even drafted in the

09:15:13 Army, Mr. Suarez.

09:15:16 [ Laughter ]

09:15:28 >>CHARLIE MIRANDA: Thank you very much.

09:15:41 Number 2, Mr. Reddick will do the honors.

09:15:57 The Phi beta Sigma fraternity.

09:16:12 >>FRANK REDDICK: It's an honor to stand before the council.

09:16:14 And I just want to say, you see a young man, Omega man in

09:16:25 person.

09:16:29 We have a commendation this morning.

09:16:31 But I'm honored because Phi beta Sigma is one of the Fran

09:16:39 fraternities, great letter fraternities in this country,

09:16:41 along with Kaplan Omega, and they are celebrating the 100




09:16:51 year anniversary.

09:16:52 And it's an honor for me to stand before you and present

09:16:55 this commendation to the men of Phi beta Sigma fraternity

09:17:01 incorporated as they celebrate 100 years of accomplishments.

09:17:05 And I think the honorable Laston Taylor as well as Charles

09:17:13 brown must be truly delighted to see that Sigma is a part of

09:17:16 our community across the United States and what has been

09:17:20 accomplished.

09:17:22 They are very accomplished in this community.

09:17:25 They are doing a lot of things for the youth.

09:17:28 They are doing a lot of things to enlightening this

09:17:33 community.

09:17:33 And it's a great honor to present this commendation to you

09:17:37 on behalf of the Tampa City Council.

09:17:42 [ Applause ]

09:17:43 >> Thank you, Councilman Reddick, and to all the councilmen

09:17:58 and councilwomen.

09:18:00 Good morning.

09:18:00 I'm the current president of the Tampa alumnae chapter Phi

09:18:04 beta fraternity.

09:18:05 As Councilman Reddick said we are celebrating our

09:18:08 centennial, 100 years as an organization.

09:18:11 Am Phi bet a Sigma was founded in 1914.

09:18:16 Our three collegiate men, Taylor, brown, and Howard

09:18:21 university.




09:18:22 Since that time we have inducted over 150,000 members with

09:18:26 chapters throughout the United States, the Caribbean,

09:18:29 Africa, Europe and Asia.

09:18:32 Phi Beta Sigma has been a model for service and service for

09:18:38 humanity and brotherhood, scholarship and service.

09:18:42 Throughout Tampa, we have been able to provide scholarships

09:18:46 since than 2000.

09:18:48 We provided over 36,000 scholarships.

09:18:50 The young men going on to college, through our youth

09:18:54 auxiliary, the Sigma beta club.

09:18:57 We have had prominent Tampa citizens as members of our

09:18:59 organization, the late reverend Lowry, the late Dr. Sam

09:19:04 Horton, current members, reverend Jimmy keel, Curtis Lane, a

09:19:11 number of buildings that have been named including Howard W.

09:19:15 Blake, who was one of our charter members of the Tampa

09:19:18 alumnae chapter, Blake high school is named in his honor.

09:19:22 We strive to work in the community, and to help serve

09:19:28 underserved communities throughout Tampa Bay.

09:19:30 We just completed on Monday during the MLK day of service

09:19:37 repurposing the north Tampa community center due to efforts

09:19:41 of Dr. Philip Perry, as well as brother Errol Beck who is

09:19:47 also with us.

09:19:49 We are thankful for this recognition.

09:19:52 We pledge to continue to do more in the community, because

09:19:56 no matter what organization you are in, whether it's




09:19:59 fraternal, whether it's civic, whether it's government, we

09:20:03 have a purpose and a duty to reach out and help those that

09:20:06 are less fortunate, and that's what Sigma men are about.

09:20:10 We are very thankful for this commendation, and we wish

09:20:16 everyone have a good day, and thank you again for this

09:20:18 honor.

09:20:19 We appreciate it.

09:20:19 Thank you.

09:20:21 [ Applause ]

09:20:24 >>CHARLIE MIRANDA: Thank you very much.

09:20:38 We really appreciate everything you have done in the past

09:20:40 and that you continue to do in the future.

09:20:42 We are very appreciative.

09:20:45 Okay, we go to the approval of the agenda and the addendum.

09:20:49 Motion by Mr. Cohen.

09:20:50 Second by Mrs. Montelione.

09:20:52 Further discussion by council members?

09:20:53 All in favor of the motion?

09:20:55 Opposed?

09:20:56 The ayes have it unanimously.

09:20:57 We go to public comments for three minutes a person, up to

09:21:03 30 minutes.

09:21:04 Yes, number one.

09:21:22 >> Petition Johnson, 510 Harrison street.

09:21:25 This is the second time I have come to you with the same




09:21:28 request.

09:21:30 I have been trying for years to get an ordinance enforced by

09:21:36 either the code enforcement or traffic department.

09:21:40 Now, you have signed in July an order stating that code

09:21:45 enforcement is to be the one to enforce traffic violations

09:21:50 or traffic rights-of-way.

09:21:53 These two rights-of-way have been in violation for years.

09:21:59 Neighbors and the neighborhood have reported it years ago.

09:22:05 The ordinance to have code enforce it was done in July.

09:22:11 Well over six months ago.

09:22:14 There is no conceivable reason why it would take six months

09:22:21 to either train, develop a system, or just start a case on

09:22:31 these two pieces of property.

09:22:32 This is totally disrespectful of council.

09:22:35 The department has rules itself, and I'm about fed up with

09:22:42 it.

09:22:42 You make the rules and the regulations.

09:22:45 The department is to enforce them.

09:22:48 I have repeatedly asked everyone from chief of staff down to

09:22:53 the code officer why this ordinance is not enforced and have

09:22:59 not received one single answer from anybody.

09:23:04 I'm asking you to ask the department why.

09:23:09 Why is it taking so long to enforce the rules that you set

09:23:14 forth?

09:23:15 Thank you.




09:23:16 >>CHARLIE MIRANDA: Thank you very much, sir.

09:23:17 >> Kim Headland, 1001 east 24th Avenue.

09:23:27 I am here today as an Ybor resident on agenda item number 5.

09:23:33 I am once again requesting that you strongly advocate for

09:23:36 the funding of expeditious repairs to the Cuscaden pool

09:23:40 facility.

09:23:41 This tremendous city asset should be celebrated and not left

09:23:45 to deteriorate to the city's neglect and abandonment.

09:23:50 Plenty of numbers of costs to repair it have been discussed.

09:23:54 I believe 1.5 million was the most recent number thrown out

09:23:58 there.

09:23:58 Specifically that number, I believe, is one tenth of one

09:24:01 percent of the current city budget, a very small fraction of

09:24:05 that city budget, and I believe that the budget could be

09:24:09 found for this worthy project to complete the job that

09:24:12 really should have been completed in 2005.

09:24:15 For this reason, I believe it's important to know the

09:24:19 following, in terms of long-term maintenance and operation,

09:24:22 this particular -- as a problem moving forward.

09:24:28 Yet there is a very similar pool currently being restored in

09:24:33 the Davis Island community with seemingly no concern from

09:24:36 city administration for the cost of the repair for the

09:24:40 long-term maintenance and operational expenses.

09:24:43 The scope of the 2005 for Cuscaden should have ensured the

09:24:50 longevity for the use and the project scope should never




09:24:53 have omitted basic design elements such as a waterproofing

09:24:56 membrane at the roof deck level over condition space.

09:25:00 Our community and this historic structure should not be

09:25:04 punished because of extremely poor design decisions made

09:25:09 back in 2005. In terms of facility use, another factor

09:25:14 cited in the administration's decision.

09:25:15 In the first eight months of 2007, Cuscaden pool had more

09:25:19 than 6700 visitors.

09:25:22 This facility was used by residents stakeholder and there

09:25:28 continues to be strong community interest in seeing this

09:25:30 facility returned to public use.

09:25:31 As an aquatic facility, with the original complimentary

09:25:36 community spaces.

09:25:37 Our neighborhood population deserves the same opportunity to

09:25:44 learn to swim as children in other areas of the city.

09:25:46 Finally, architectural heritage, an issue near and dear to

09:25:51 my heart.

09:25:51 The problem of omissions of the original repair not a

09:25:54 surprise to council or the administration.

09:25:57 They were first noted just months after the 2005 opening to

09:26:00 the public, and since its closure in 2010 there has been no

09:26:04 stabilizing or protective measures taken by the city to

09:26:07 ensure limited future damage.

09:26:09 Yet here we are in 2014, still discussing and still pleading

09:26:13 for a very small fraction of dollars to be spent and




09:26:18 allocated.

09:26:18 So once again I encourage the city to engage qualified

09:26:22 design professional, well versed in both aquatic structures

09:26:25 and historic preservation to evaluate the most appropriate

09:26:27 action, and the associated costs of moving forward.

09:26:32 Enough is enough.

09:26:36 >>CHARLIE MIRANDA: Thank you very much.

09:26:37 Appreciate it.

09:26:38 Next, please.

09:26:40 >> Kelly Bailey, 2701 North Ninth Street here on behalf of

09:26:45 myself as well as the president of the VM Ybor neighborhood

09:26:49 association.

09:26:50 I would like to ask a rhetorical question.

09:26:53 What do you think happens when you put sand and bricks over

09:26:57 it and nothing understood that sand?

09:26:59 I mean, the rain is going to go right through the pool deck,

09:27:02 and that's exactly what happened for any of you that want to

09:27:05 go see.

09:27:06 That's exactly how they built the pool deck.

09:27:09 So logic would tell me the design was faulted from the

09:27:12 beginning.

09:27:13 We are asking you again to please allocate funds for

09:27:16 repairing Cuscaden pool and to make this a priority.

09:27:20 We just passed the fourth summer during which the pool is

09:27:23 not available for our residents, even though the residents




09:27:25 of VM Ybor have been advocating for repairs for years now.

09:27:29 It is a shame over 2.6 million in federal and CIT funds were

09:27:33 used to make only temporary upgrades at best.

09:27:36 By closing the pool again in 2010, our neighborhood activity

09:27:41 that promoted healthy living, keep our children safe in a

09:27:44 supervised environment and a place where after school

09:27:48 programs were held, using some of Mayor Buckhorn's own

09:27:51 words, having the pool reopened helps strengthen our

09:27:55 neighborhood which will in turn help strengthen the city by

09:27:57 providing facilities so our children will not be at risk to

09:28:00 the temptation of the street.

09:28:02 It is also a shame that the historic fabric of Ybor is

09:28:06 regarded more highly.

09:28:07 People come to the Ybor area from all over because of the

09:28:10 history.

09:28:11 So why wouldn't the city and the mayor make preserving the

09:28:14 pool a major priority?

09:28:16 This is a national landmark, nationally recognized historic

09:28:20 landmark.

09:28:20 Again, we are asking you to find the necessary funds in the

09:28:24 current budget to begin repairs to Cuscaden pool as this

09:28:28 will help to greatly improve the quality of life for our

09:28:31 residents as well as ensure that Ybor maintains its historic

09:28:34 fabric.

09:28:35 Thank you.




09:28:36 >>CHARLIE MIRANDA: Thank you very much.

09:28:37 Next, please.

09:28:46 >> My name is Christina Gutierrez Brewster and I work at

09:28:52 Academy Prep Center, Tampa, a private nonprofit middle

09:28:53 school in the heart of Ybor City which serves over 120

09:28:57 students each year from the surrounding Ybor neighborhood

09:28:59 and beyond.

09:29:00 I'm here today to speak in favor of the agenda item

09:29:02 concerning funding for Cuscaden pool.

09:29:05 Academy Prep is located directly across the street from this

09:29:08 historic pool which sadly has fallen into disrepair.

09:29:12 Many years ago our students, many who are unable to swim,

09:29:15 were able to utilize this facility to learn about safety

09:29:19 procedures in the water.

09:29:20 Since its closure, our students have been unable to

09:29:23 participate in swim lessons as part of the curriculum.

09:29:26 We all are thankful that the council has turned its

09:29:31 attention to providing funding for this historic landmark

09:29:34 and pray that you place thoughtful consideration on your

09:29:37 decision today.

09:29:37 While I can speak about the reasons at length, I will now

09:29:40 turn it over to those students that will be directly

09:29:43 affected by our decisions in the next come months.

09:29:45 Our student government representative Brenton Budhoo and

09:29:51 Winnie Augustin.




09:29:52 >> I stand before you today to tell you that we need to have

09:30:00 more money for Cuscaden pool, to have money given to this

09:30:05 pool is that the students at Academy Prep can learn to swim.

09:30:13 The students can go and learn to swim.

09:30:18 Without this pool, no longer are able to do all the

09:30:24 educational activities.

09:30:25 >> Good morning.

09:30:30 My name is Winette, and another reason to provide funding

09:30:35 for this pool is that other kids in our community can have a

09:30:42 place to have funnnn.

09:30:47 [ Laughter ]

09:30:49 A swimming pool needed, for example, they could go there for

09:30:56 a meeting and practices.

09:31:00 And giving money to this pool would very much help our

09:31:09 community.

09:31:09 Please give careful decision and thank you for your time.

09:31:16 >>CHARLIE MIRANDA: Thank you.

09:31:22 >> Don Rhode, 412 Madison street.

09:31:25 Agenda item number 9 pertains to the six-month anniversary

09:31:31 review of the passage back in June of an ordinance that

09:31:36 pertains to threatening, intimidating or harassing behavior

09:31:40 for the purposes of solicitation, panhandling, as it's

09:31:43 known.

09:31:46 Some of us have thought that this was going to be reviewed

09:31:50 along with its sister passed at the same time that had to do




09:31:55 with other behavior in public spaces involving sleeping,

09:32:00 standing, storing on public property and so forth.

09:32:07 It seems odd that you consider one without the other when

09:32:10 one was kind of balanced against the other for purposes of

09:32:13 what to do about the homeless, what to do about people who

09:32:15 are October you paying the public streets, because they are

09:32:18 the same people in large part that solicit.

09:32:23 In I'm surprised you didn't know this but the solicitation

09:32:32 that goes on within the so-called clean zone is supposed to

09:32:35 involve, I think, just the use of a sign and no verbal pitch

09:32:40 with the sign.

09:32:44 I didn't think it was clear, what would a person do that was

09:32:47 standing there holding a sign?

09:32:48 Out in front of the CVS drugstore, which is two blocks from

09:32:52 City Council's chambers, there are people that stand with

09:32:55 signs every day from what appear to be organized if not

09:32:59 recognized charities, that each time you pass them by they

09:33:03 are likely to ask you along with their sign for a donation.

09:33:12 Many of us walk right by it but it seems this law would do

09:33:16 with how you treat the homeless receives a lot of collective

09:33:20 enforcement from the Tampa Police Department, meaning

09:33:23 sometimes it's enforced against certain people, and

09:33:26 sometimes it is not.

09:33:29 So I think that is dangerous.

09:33:31 I would like you at some point to review the other ordinance




09:33:35 along this and ask the legal department if they can muster

09:33:40 within them to check.

09:33:42 How would these ordinances be enforced? How would they be

09:33:48 applied?

09:33:51 In a free speech situation, which is what these sidewalks

09:33:54 and parks are supposed to be all about.

09:33:57 There's a case right now at the Florida Supreme Court that

09:34:00 involves protest in front of abortion -- excuse me, certain

09:34:06 health care services that involve abortion clinics.

09:34:08 Most of us think that the Supreme Court has jurisdiction

09:34:11 over Tampa.

09:34:11 I know some of you guys may not.

09:34:13 But most of us believe that their ruling would apply here.

09:34:17 Again, this, at the time it was passed, was more of a street

09:34:22 cleaning, get the protests out of the way type measures.

09:34:27 You should look at them both, not just this one.

09:34:30 Thank you.

09:34:31 >>CHARLIE MIRANDA: Thank you very much.

09:34:31 Next, please.

09:34:32 >> Susan Long, 920 Broad Street.

09:34:36 I do not live in Tampa Heights.

09:34:40 I don't live anywhere near the Cuscaden pool.

09:34:43 I have been there three times in 30 years.

09:34:46 All three times, I was absolutely awed by the beauty of the

09:34:52 pool.




09:34:52 It's now closed, know it quite so beautiful.

09:34:54 I find it a sin that a city that espouses maintaining it's

09:35:00 historic fiber, want to protect historic buildings, you have

09:35:05 one of the most gorgeous pools I have ever laid eyes on and

09:35:09 we are is letting it sit and rot.

09:35:11 I never swam in it.

09:35:14 It is gorgeous.

09:35:15 It would be an absolute sin to let this pool die.

09:35:21 Please, you know, I know that the people in Tampa Heights

09:35:26 and Ybor really, really want it so the kids can swim there.

09:35:31 I think that's a wonderful idea, and that's obviously what

09:35:34 swimming pools are for.

09:35:35 But I think there's a bigger cause as well.

09:35:37 I think it's a beautiful historic item that we have, that we

09:35:40 have to do everything that we possibly can to restore it.

09:35:43 Thank you.

09:35:44 >>CHARLIE MIRANDA: Thank you very much.

09:35:45 Next, please.

09:35:45 >> My name is Julia, I live at west Azeele street.

09:35:55 I'm here to talk about items number 35 and 40.

09:36:01 >>CHARLIE MIRANDA: Give me one little second here.

09:36:03 I think those are public hearings.

09:36:04 I'm not sure.

09:36:06 Yes, those are public hearings, and I apologize.

09:36:09 In those cases we have to wait till those public hearings




09:36:12 are open to speak on them.

09:36:13 Okay?

09:36:14 Thank you so much.

09:36:14 Anyone else in the audience who would care to speak to any

09:36:17 item on the agenda other than those that are set for public

09:36:19 hearing?

09:36:20 I see no one.

09:36:23 Okay.

09:36:23 We go to item number 3.

09:36:25 Sherry Silk.

09:36:29 >> Executive Director of the Humane Society of Tampa Bay.

09:36:36 We showed a lot of growth in 2013.

09:36:38 We adopted out over 5,500 dogs and cats, and I think as most

09:36:43 of you know we are located in West Tampa on Armenia.

09:36:46 Our animal health center which is a full service clinic

09:36:50 animal hospital opened a year ago and we saw 40,000 dogs and

09:36:54 cats, over half of our clients come from the City of Tampa.

09:36:58 Our staff has grown to 87 members, and eight of those are

09:37:03 veterinarians.

09:37:03 We just started our community cat program with Hillsborough

09:37:06 County animal services where 2,000 feral or community cats

09:37:12 were put back into the neighborhoods.

09:37:14 It's a good collaborative effort to save lives in our

09:37:17 community.

09:37:18 And we continue to give free food in our program to the




09:37:22 Tampa Bay area.

09:37:23 Last year we gave away 80,000 pounds of dry dog and cat

09:37:28 food.

09:37:28 We really appreciate the caption with the City of Tampa.

09:37:31 This is our second year in the Gasparilla children's parade.

09:37:35 It was so much fun for the homeless dogs and all the 90

09:37:38 volunteers that got to march down Bayshore Boulevard last

09:37:43 Saturday, an awesome experience for all, and selected this

09:37:46 year to one of the eight charities to man a beer tent.

09:37:49 We were lucky enough to get located at the Curtis Hixon park

09:37:52 and to drive people to our tent, we have our foam finger not

09:37:59 for twerking but for people to come because we hopefully

09:38:03 make a lot of money for homeless animals.

09:38:06 Finally this year you should have one of the brochures, we

09:38:08 have moved our bark in the park which is the dog walk to

09:38:14 Cotanchobee park.

09:38:15 We will have food trucks and beer and be helping the animals

09:38:21 of Tampa Bay.

09:38:21 And for some of you who do have dogs, I hope you will join

09:38:24 us at our new location for our dog walk.

09:38:27 Thank you so much.

09:38:28 >>CHARLIE MIRANDA: Certainly appreciate it.

09:38:29 Mrs. Mulhern.

09:38:30 >>MARY MULHERN: When is the dog walk?

09:38:36 >> March 29th.




09:38:37 We are hoping for a nice beautiful sunny day.

09:38:39 >> You might have said this already but how many pets did

09:38:42 the center --

09:38:44 >> 40,000 dogs and cats.

09:38:46 It blew away our estimates.

09:38:47 And because it's an affordable full service animal hospital,

09:38:51 we do sterilization, wellness shots, all kind of specialty

09:38:54 surgeries.

09:38:55 It's a need in the community and great.

09:38:58 Some of the service is done at free or reduced costs, make

09:39:01 payment plans for folks.

09:39:02 There's a lot of people in Tampa that don't have a lot of

09:39:07 money but love their pets just as much as everybody else,

09:39:10 and we are glad that we could provide the necessary care for

09:39:12 them.

09:39:12 >> This is like a full service vet?

09:39:15 >> It's a full service vet.

09:39:16 The only thing we don't do now is we don't have emergency

09:39:18 cares after hours.

09:39:19 We are open seven days a week, though.

09:39:21 >> Wow, seven days a week.

09:39:23 That's great.

09:39:23 So how do your prices if you don't qualify for sliding

09:39:27 scale?

09:39:28 >> Some are free.




09:39:29 Some are 75% of the going price.

09:39:31 You can get in and out of our clinic if you have a dog,

09:39:36 shots and heart worm and health exam for under $100.

09:39:42 Flea meds, heartworm.

09:39:44 Come by and see us.

09:39:46 Now you have to wait awhile.

09:39:47 We are seeing over 100 clients every single day.

09:39:50 >> And what's the revenue from that?

09:39:52 Where does it go?

09:39:53 >> Goes to our homeless animal shelter which of course loses

09:39:56 money so it's a good business deal for us.

09:39:59 They help offset our expenses of our sheltered animals.

09:40:02 >>MARY MULHERN: Thanks.

09:40:05 And that's at Armenia?

09:40:07 >> Yes.

09:40:09 >>CHARLIE MIRANDA: Mr. Suarez?

09:40:10 >>MIKE SUAREZ: Ms. Silk, you give away 380 thousand pounds?

09:40:16 >> 380,000 pounds.

09:40:17 >> Of food.

09:40:19 Do you partner with meals on wheels to do that?

09:40:21 >> We do partner with them, and they go out to their

09:40:24 location to deliver the food, and their recipients have a

09:40:27 dog or cat, they let us know, and our volunteers take out

09:40:31 enough food to last them for a month for their dog or cat.

09:40:34 So when one of their recipients has an animal.




09:40:37 We were finding that people that get meals on wheels was

09:40:40 sharing their meals with their pets.

09:40:42 For a lot of these folks, their pet is their family.

09:40:48 >> And what do you have in terms of that 380,000?

09:40:55 >> People can come to our shelter any day and get free food.

09:40:59 That is about 4 that you families in Detroit that have pets

09:41:02 that we give food to, and our program we are regularly

09:41:06 feeding about 140 retired or disabled senior citizens and

09:41:10 providing food for them.

09:41:13 >>CHARLIE MIRANDA: Anyone else?

09:41:14 Mr. Reddick?

09:41:17 >>HARRY COHEN: I wanted you to give your address to our

09:41:20 viewers that are watching.

09:41:21 >> It's 3607 north Armenia Avenue, and it's right between

09:41:28 Armenia and Howard.

09:41:29 And our shelter is one block, and then one block over is the

09:41:33 animal health center.

09:41:35 Thanks so much for your support.

09:41:37 Come out and seep us at the dog park.

09:41:39 >>CHARLIE MIRANDA: Mrs. Capin and Mr. Reddick.

09:41:42 >>YVONNE CAPIN: Can you tell us how many animals you found

09:41:44 homes for?

09:41:45 >> Over 5500 dogs, cats, puppies and kitten.

09:41:49 >> And I know you didn't send that food to Detroit.

09:41:52 >> No, we didn't send the food to Detroit.




09:41:57 [ Laughter ]

09:42:01 >> Thank you.

09:42:02 >>FRANK REDDICK: Thank you, Mr. Chair.

09:42:06 Mrs. Silk, I attended the free shot clinic.

09:42:11 >> Yes.

09:42:12 >>FRANK REDDICK: And I have never seen that many dogs in

09:42:15 one place.

09:42:16 >> There was a thousand dogs there, if you can believe it.

09:42:19 Over a thousand dogs.

09:42:21 We started at nine.

09:42:23 Go nine to one.

09:42:24 Totally free vaccinations.

09:42:27 Rabies and distemper there.

09:42:30 Were a thousand dogs that we gave vaccinations to.

09:42:33 We work in cooperation with Hillsborough County animal

09:42:36 services.

09:42:36 They provide free licenses and it's a great program.

09:42:40 >> When is the next one?

09:42:42 >> It's going to be sometime in April but I don't have the

09:42:45 exact date but I will make sure that you know when it is.

09:42:50 They let us know what problem areas, where there's a need

09:42:53 and that's where we go.

09:42:54 >> What's amazing is it was raining that day.

09:42:56 >> Didn't matter.

09:42:57 >> And people stand in line all the way around.




09:43:00 >> There's a lot of people that don't have a lot of money

09:43:02 but stand in line to take care of them so we are happy to do

09:43:07 that.

09:43:07 >> Anyone else?

09:43:08 Okay.

09:43:09 Thank you very much.

09:43:10 We appreciate it.

09:43:11 Requests for reconsideration of any legislative matters of

09:43:15 the last meeting?

09:43:16 Anyone?

09:43:17 I see no one.

09:43:18 We go to staff reports.

09:43:20 Items number 4.

09:43:22 >>REBECCA KERT: Assistant city attorney.

09:43:27 I am here on item 4.

09:43:28 It's one of three items today the judge asked us to report

09:43:33 back on the status of some ordinances you passed back in

09:43:38 June and July of this year.

09:43:39 City Council wanted a report back after the city was able to

09:43:42 have the actual real experience utilizing the tools that

09:43:46 City Council had provided.

09:43:47 The first one has to do with noise.

09:43:52 You passed an ordinance regulating noise from motor

09:43:56 vehicles.

09:43:56 And in July, we updated our noise regulation to include in




09:44:01 addition to decibel levels, also providing be violation of

09:44:05 our noise regulation, if the noise is plainly audible from

09:44:09 100 feet.

09:44:09 Captain Eric Ward was able to provide you with some

09:44:15 statistical information.

09:44:16 And after that we can have some discussion about any

09:44:18 possible code changes.

09:44:21 >>CHARLIE MIRANDA: Thank you.

09:44:21 >> Captain Eric ward, Tampa PD.

09:44:25 I broke the information down, between July and December of

09:44:29 2013.

09:44:36 2,843 calls of service, 473 of those calls were averaged out

09:44:45 per month, 16 calls per day during that time period.

09:44:54 That involves the officer getting down to the scene.

09:44:56 There were no violations or simple warnings suffice.

09:45:05 That same time period we had 341 calls for service.

09:45:08 We averaged about 57 calls per day -- per month.

09:45:12 And between that time period of July, we had about 71, and

09:45:17 December, our average was about 53.

09:45:20 A decrease of 25%.

09:45:24 Our warnings average about 187.

09:45:30 We average about 31 per month or one a day.

09:45:31 In July we averaged about 91.

09:45:34 In December we were having about ten.

09:45:37 So basically 89% decrease in our warnings.




09:45:42 Our citations that were issued were about 89.

09:45:45 And basically, the citation rate was like a two to one

09:45:50 ratio.

09:45:52 A citation was issued on a two-to-one ratio.

09:45:56 We average about 15 citations per month.

09:46:00 At the same time we were averaging 29, first of December,

09:46:04 averaging 16, a 45% decrease.

09:46:08 >>MIKE SUAREZ: Thank you, chair.

09:46:14 Captain, do you think that our enforcement has actually

09:46:20 gotten the word out in terms of this particular ordinance

09:46:23 from the numbers that indicated in July all the way till

09:46:26 now, in December, that we have been able to have people

09:46:32 reduce the bass purely on the fact that they know that the

09:46:34 ordinance is throughout now?

09:46:35 >> Absolutely.

09:46:35 The majority of citizens that know about the ordinance,

09:46:41 through public awareness we were able to get off the area to

09:46:45 address those issues.

09:46:47 Basically, those warnings provide public awareness that

09:46:50 decreases the amount of noise that's put out in the

09:46:53 community.

09:46:53 And that's a big tool.

09:46:57 >> And take me through the process for most of the

09:47:00 citations, if you know the answer to this.

09:47:02 Are they usually patrols that are catching folks with the




09:47:10 warning?

09:47:11 Or is it people calling in and you all are going out and

09:47:13 finding folks that are breaking the ordinance?

09:47:17 >> The majority of the calls that we got, calls for service,

09:47:21 are just that, calls for service.

09:47:23 Somebody in the community in the neighborhood will call us

09:47:25 and say a vehicle is driving up and down the street with

09:47:29 loud music.

09:47:33 If the person sees the officer, then they shut it down.

09:47:37 Most of the times, they contact that individual and explain

09:47:40 the ordinance to them.

09:47:41 And that typically works.

09:47:43 There's some people that don't get the message initially,

09:47:46 and so in those cases they get issued a citation.

09:47:49 >> Do you know how many violators that we have had go past a

09:47:52 warning and gotten the citation?

09:47:56 Again, we have the number.

09:47:57 But anyone who has been repeat offenders after they have

09:48:00 gotten the violation?

09:48:03 >> No.

09:48:04 >> So we don't know if we have a recidivism problem of

09:48:08 constantly people doing the same thing over and over again,

09:48:11 with the warning process, and through the citation process,

09:48:15 correct?

09:48:16 Okay, terrific.




09:48:17 Now, in the next six months, do you perceive these numbers

09:48:23 will stay about the same from December forward?

09:48:25 Or do you think that the summer months you will see more

09:48:29 citations?

09:48:31 Give me an idea what you might think is going to happen.

09:48:34 >> The goal is for the next six months for to the decrease,

09:48:37 of course.

09:48:38 And all the officers know about the ordinance now.

09:48:42 We are trying to educate citizens about it.

09:48:45 So the calls may increase but the citations and warnings

09:48:53 should go down simply because the more people that know

09:48:56 about it the more volume we are going to get from repeat

09:48:58 calls.

09:48:58 >> And it's probably more of a deterrent now that they know

09:49:01 that people in the neighborhood can call for a service call

09:49:04 on this particular issue, and tell them, hey, I can call

09:49:08 now, and they usually lower the volume probably, correct?

09:49:11 >> Yes, because there's people that call me every day about

09:49:15 noise.

09:49:15 And those people -- awareness is out there.

09:49:24 So I tray to push people at the same time that we are

09:49:27 getting calls.

09:49:28 >> Thank you.

09:49:28 Appreciate it.

09:49:29 >>FRANK REDDICK: Thank you, Mr. Chair.




09:49:31 I know who is calling you every day.

09:49:34 [ Laughter ]

09:49:36 Let me ask this question.

09:49:41 I thought it was my understanding when we talk about that we

09:49:46 had reduced that from 100 feet to 50.

09:49:49 >> Correct.

09:49:49 >> I just heard you say 100.

09:49:51 >> No.

09:49:56 As far as the business, structure, 100 feet.

09:50:00 An automobile 50 feet.

09:50:01 >> Let me give you an example.

09:50:03 Just the other day, I was on the corner of 15th street

09:50:07 and MLK.

09:50:09 And there were some people on that corner, a little store

09:50:15 there.

09:50:16 And you could hear almost five blocks down the road.

09:50:22 And I noticed a cop sitting at that corner at the red light

09:50:25 with me as well.

09:50:27 And that cop, he had to hear because I hear.

09:50:34 But you can hear the boom box out there in the car, and had

09:50:39 the trunk up with the boom box.

09:50:41 Now, is it the discretion of officers to determine whether

09:50:44 he wants to go over there and say anything to those people

09:50:46 or not?

09:50:48 >> I couldn't speak for him.




09:50:50 I don't know exactly what he was doing in that situation.

09:50:54 Unusually, part of the process is making sure that officers

09:50:58 know about the ordinance.

09:50:59 So we have probably a thousand in the department.

09:51:02 So I'll go and make sure that all the officers have it.

09:51:08 So I don't know what his case was.

09:51:10 But I can look and find out for you.

09:51:12 >> Now, is it complaint driven, or is it the officer?

09:51:22 >> A combination of both. If we get complaints, of course

09:51:25 we'll address them.

09:51:26 Our call volume is heavy.

09:51:28 We typically go from call to call.

09:51:30 In those situations where they observe violations, of course

09:51:35 they can act on it.

09:51:36 >> And the citation, the motorized vehicle citation, those

09:51:42 who are driving down the street with their cars blasting,

09:51:46 the music blasting, did you have a number for those people,

09:51:50 the number that you have cited?

09:51:55 >> Warnings are averaging about 31 per month or one a day.

09:52:00 Versus the citations were about 15 per month.

09:52:04 >> Now, when they are given a citation, is it like a fine

09:52:08 they have to pay?

09:52:09 >> Correct.

09:52:09 >> And if they trophy pay the feign, what happens?

09:52:14 >> I have no idea.




09:52:15 >>REBECCA KERT: Legal department.

09:52:21 If they can pay the feign or they can schedule a court date

09:52:25 and go to court and pay the fine there, or they can contest

09:52:28 the citation.

09:52:29 >>FRANK REDDICK: The last question is, are we basing the

09:52:34 volume of the noise by decibel?

09:52:36 Or are we basing it based on the noises of public nuisance?

09:52:44 >>REBECCA KERT: Legal department.

09:52:44 The noise from motor vehicle ordinance does not use the

09:52:48 decibel levels.

09:52:49 That's just not workable.

09:52:51 So it uses a plainly audible from 50 feet and defines that

09:52:54 as excessive noise.

09:52:55 >> All right.

09:52:59 So that's all I have.

09:53:08 Thank you.

09:53:09 >>CHARLIE MIRANDA: Anyone else?

09:53:09 Mr. Cohen?

09:53:10 >>HARRY COHEN: Thank you.

09:53:15 It's also my sense from what I've heard and what I'm hearing

09:53:19 anecdotally that this is working in terms of controlling

09:53:23 some of this noise that's coming from motor vehicles.

09:53:26 But I will tell you that my office in the past two or three

09:53:29 months has been inundated with calls, particularly from the

09:53:33 Howard Avenue corridor about noise coming from buildings and




09:53:37 on the sidewalks, and just generally coming out of the

09:53:43 neighborhoods at night.

09:53:44 And so while I think that we have made a lot of progress in

09:53:51 the noise coming out of the cars, I think we still have work

09:53:55 to do in terms of controlling the noise that's actually on

09:53:58 the streets themselves.

09:53:59 >>REBECCA KERT: Legal department.

09:54:03 It can't really come out in the motion but part of what I

09:54:06 understood City Council when was that you wanted to see if

09:54:12 we recommend any changes.

09:54:14 As far as the noise from motor vehicles, based upon what I

09:54:16 heard from the prosecutors office as well as the Tampa

09:54:18 Police Department, we are not recommending any changes at

09:54:21 this time.

09:54:22 I think City Council gave the community a really effective

09:54:25 tool and the fact that complaints are actually decreasing

09:54:29 seems to validate that.

09:54:30 Where I think we still need some additional work is the

09:54:33 noise from structures and noise from non-motor vehicles, and

09:54:37 I agree with that.

09:54:38 What we did is we tested the regulation that we had in place

09:54:42 and we added an additional tool.

09:54:43 I think part of the issue that we are having is how it is

09:54:49 formatted, not necessarily the substance of it at this time,

09:54:51 but I don't think it's being fully utilized, and I don't




09:54:55 think it's fair both to the community and to the officers

09:54:57 who are supposed to utilize it.

09:54:59 When I went back and looked at it, you have to flip back

09:55:03 three or four times to figure out which section is enforced

09:55:06 in which manner and that's not a very useful tool.

09:55:11 I talked to the prosecutor and I think we would like to come

09:55:15 back to you with a reformatted ordinance that is simple and

09:55:17 easy for them to use.

09:55:19 And I think if they have a better understanding of what

09:55:23 their tools are, they will be able to use them more

09:55:25 effectively.

09:55:26 At this point I don't have any additional substantive

09:55:29 changes.

09:55:29 I think we have done --

09:55:32 >> How long do you think you would like to have to come back

09:55:35 with something?

09:55:35 >> At least 30 days.

09:55:37 >>HARRY COHEN: I'm going to make a motion for a staff

09:55:50 report on February 20th at 9:00 a.m.

09:55:52 Thank you very much.

09:56:02 >>REBECCA KERT: Sometimes the motions don't read exactly

09:56:05 what you are saying.

09:56:06 You want a staff report on 14.151 which is noise

09:56:11 prohibited --

09:56:13 >> Yes, and Specifically as it relates to noise coming out




09:56:15 of structures, and while the motion does not ask for any

09:56:19 substantive changes, if you find during the period that you

09:56:22 are working on this that you would like to recommend some,

09:56:24 I'm sure we would be open to it.

09:56:29 >>CHARLIE MIRANDA: I have Mrs. Montelione.

09:56:30 >>LISA MONTELIONE: If I recall from the original

09:56:36 discussion, and we have had the discussion several times,

09:56:46 being part of the struggle with the noise coming from

09:56:49 structures is that it is by decibel level.

09:56:55 Am I right, Mrs. Kert?

09:56:59 >>REBECCA KERT: Yes.

09:57:00 Legal department.

09:57:00 Originally what you had was decibel level and you had the

09:57:03 city divided into Ybor, downtown and Channelside, and then

09:57:07 the rest of the city.

09:57:08 And what City Council had directed is that we not change

09:57:12 anything, in Ybor, downtown, and Channelside, because you

09:57:17 had a request from the Ybor neighborhood, but it was working

09:57:21 in those areas and so at least initially, we added for the

09:57:29 rest of the city that it's also a violation if the noise is

09:57:32 plainly audible within 100 feet.

09:57:34 And I feel comfortable that's legally defensible and I feel

09:57:39 comfortable that it's out there.

09:57:42 I don't think it's being utilized as well as the ordinance

09:57:46 on noise from motor vehicles because the noise from motor




09:57:49 vehicles ordinance is very simple and very clear for

09:57:52 everyone to understand, because we have so many different

09:57:56 things we are trying to address in our overall noise

09:57:59 ordinance, it's gotten very complicated.

09:58:02 It's a number of pages and number of sections and more

09:58:05 subsections.

09:58:06 >>LISA MONTELIONE: I remember part of the discussion when

09:58:09 it was only enforceable by decibel levels, part of the

09:58:14 struggle was that we didn't have enough meters to go around

09:58:18 for the officers to stop and Maurer the sound.

09:58:22 And by the time an officer was called, and they went out

09:58:26 there, the situation had changed.

09:58:29 And that was part of what our struggle was.

09:58:32 I wanted to make sure it was being addressed on both sides.

09:58:38 >>CHARLIE MIRANDA: Mr. Reddick?

09:58:39 >>FRANK REDDICK: Thank you, Mr. Chair.

09:58:43 On the motion, I would just like to add a friendly, an

09:58:54 amendment to the motion, and that is, if you come back I

09:59:03 want to make sure you also look at how we can strengthen

09:59:06 what we have now in place.

09:59:09 Because that is a problem.

09:59:12 And as Mr. Cohen stated, we are getting too many calls from

09:59:18 residents of the community about the noise.

09:59:21 And I think you are doing your job pertaining to motorized

09:59:26 vehicles.




09:59:27 But I think somehow we ought to find a way to strengthen for

09:59:31 the residents of the community.

09:59:32 Not talking about the businesses, the residents.

09:59:35 I know my volume of calls from people, my residents calling

09:59:39 and complaining.

09:59:40 And even when I go out to these community meetings, you

09:59:43 know, that's the discussion, the noise, the noise, the

09:59:46 noise.

09:59:47 So if we can feigned how we can tighten the ordinance for

09:59:52 the residents, I would like for you to include that as part

09:59:57 of it.

09:59:58 >>HARRY COHEN: Absolutely, certainly.

10:00:01 That's fine.

10:00:03 >>CHARLIE MIRANDA: Mrs. Montelione.

10:00:03 >>LISA MONTELIONE: One more, thanks.

10:00:07 I want to make sure that I understand, we are talking about

10:00:10 noise coming from a house.

10:00:12 Say there's a house party, or somebody on a street, you said

10:00:21 not from businesses.

10:00:22 >>FRANK REDDICK: Residential.

10:00:24 >>LISA MONTELIONE: Okay.

10:00:26 I just want to mention, you might want to exempt Gasparilla,

10:00:30 because I think you are going to get a lot of calls.

10:00:37 >>REBECCA KERT: Legal department.

10:00:38 That's already taken care of in the ordinance.




10:00:40 And it's not Gasparilla, it's special events.

10:00:44 >>CHARLIE MIRANDA: Motion by Mr. Cohen, seconded by Mr.

10:00:46 Reddick with a friendly amendment accepted by Mr. Cohen,

10:00:49 made by Mr. Reddick.

10:00:50 All in favor of that motion?

10:00:51 Opposed? The ayes have it unanimously.

10:00:53 Anything else, sir?

10:00:55 Thank you very much.

10:00:57 Item number 5.

10:00:57 >>BOB McDONAUGH: The administration has heard loud from

10:01:16 city council and the residents.

10:01:18 And Mr. Reddick had volunteers come and look at cascade and

10:01:22 given an opinion of the cost.

10:01:24 So what we are doing is taking a step back, getting people

10:01:26 to look at it to make sure that we have a long-term

10:01:28 sustainable plan so for the Cuscaden facility.

10:01:34 Again we recognize its historic importance, the beauty of it

10:01:38 and the importance of it to the community.

10:01:40 And I'm asking first to get some people in there, to make

10:01:43 sure that whatever solutions we come up with are sustainable

10:01:48 and good for the long-term of the property.

10:01:50 >>CHARLIE MIRANDA: Let me ask what time is needed?

10:01:53 >>BOB McDONAUGH: I would like 120 days just to make sure

10:01:55 that we can get people engaged and get some expert opinions,

10:01:58 and then some costs.




10:02:11 >>CHARLIE MIRANDA: Looking at about June 1st?

10:02:14 >>BOB McDONAUGH: Yes, please.

10:02:15 >>LISA MONTELIONE: We have been talking about this for a

10:02:17 long time, Mr. McDonaugh.

10:02:20 What do you plan to have accomplished in the next four

10:02:22 months?

10:02:23 >> Engage experts to take a look at exactly what it is that

10:02:26 can and can't be done with that structure.

10:02:28 >> I thought we did that already.

10:02:29 >> We have done it three times and gotten three different

10:02:32 answers.

10:02:32 Mr. Reddick's experts came back and refuted, now, this

10:02:37 number of a million and a half, that that would be the

10:02:40 long-term solution.

10:02:41 And when some other engineers took a look at it said, no,

10:02:45 that again could just be a patchwork and not a long-term

10:02:48 solution.

10:02:48 We would end up having to expend more moneys in the future.

10:02:51 So, again, we need to take a very comprehensive look at this

10:02:56 facility and make sure whatever solution we come up with is

10:02:59 going to work for the long-term.

10:03:01 >> Well, that worries me, because study after study and

10:03:10 study, and I'm not a really big fan of continuing to study

10:03:13 something that we have been talking about for so long.

10:03:19 And another four months doesn't seem like a really long




10:03:22 time, but we have been talking about this for over a year,

10:03:26 couple of years?

10:03:27 I have lost track.

10:03:30 And, you know, I bring up again demolition by neglect.

10:03:34 We see it happening with another very famous structure.

10:03:39 And, you know, the longer we wait, the more difficult, the

10:03:50 more expensive it becomes.

10:03:54 And I want to make sure that we are not prolonging this with

10:04:00 yet another study that's going to take months, and then four

10:04:04 months comes back, and then we have got to issue an RFP and

10:04:09 then find the money, and then there's another six months,

10:04:12 and before you know it, it's another year, and the condition

10:04:17 is worse by then.

10:04:19 So I guess anything you can do --

10:04:26 >>BOB McDONAUGH: As expediently as possible.

10:04:29 >>LISA MONTELIONE: I appreciate that.

10:04:30 Thank you.

10:04:30 >>MARY MULHERN: Thank you, Mr. Chairman.

10:04:33 It occurs the to me when we talk about how much study has

10:04:35 been done, and it was definitely in our last term that we

10:04:40 talked about this, so it's been at least four years, and I

10:04:43 think it's probably more like seven or eight years, probably

10:04:46 since 2005 when or whenever it was closed.

10:04:51 It seems like now is the time to do an RFP.

10:04:55 Since you have had all these people look at it.




10:04:57 You have probably got a number of people who are ready to

10:05:00 perhaps make a proposal, and then we can look at -- find the

10:05:05 most cost effective and the most workable solution, instead

10:05:10 of studying it again.

10:05:12 I think it's time to actually go forward and tray to get it

10:05:17 done.

10:05:21 >>CHARLIE MIRANDA: Mr. Suarez?

10:05:22 >>MIKE SUAREZ: Thank you.

10:05:24 There's two things at work here, okay?

10:05:26 One is the mitigating the deterioration of the pool itself

10:05:31 currently.

10:05:32 And I think that's what Mr. McDonaugh is talking about right

10:05:38 now.

10:05:38 The second thing finding the money for our next budget cycle

10:05:41 to determine how much we are going to have in order to

10:05:43 repair the pool.

10:05:45 So I would like to make a motion that we have the budget

10:05:49 department look at our capital budget for next fiscal year.

10:05:54 I know they are going to be starting the process now anyway.

10:05:56 >>BOB McDONAUGH: That's correct.

10:05:59 >>MIKE SUAREZ: The next budget cycle now to look at our

10:06:01 C.I.T. dollars, look at all the areas in which we can get

10:06:05 some capital dollars, find out what that's going to be so

10:06:08 that we can make a plan to go forward to repair the pools,

10:06:12 if that is our determination on council, and our agreement




10:06:16 with the mayor.

10:06:17 So I think that we need to figure out how to pay for the

10:06:21 mitigating aspects of it now.

10:06:23 And as Mr. McDonaugh is saying we have a lot of different

10:06:29 estimates.

10:06:29 The second part is the permanency of the pool itself and

10:06:32 finding the money in the budget so that this next budget

10:06:34 cycle, we are prepared to bring forward something so that we

10:06:40 can try and repair the pool.

10:06:42 I would like to make that motion.

10:06:44 >> Second.

10:06:45 >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by Mrs.

10:06:47 Montelione.

10:06:49 I will hold the motion till after discussion.

10:06:51 Mr. Reddick.

10:06:51 >>FRANK REDDICK: Thank you, Mr. Chair.

10:06:53 Bob, I think we all know the condition of the pool based on

10:07:02 the people that are out there to take a look at it.

10:07:05 And I think what we need to find out first is whether the

10:07:14 mayor is committed to do something, to inground pool or

10:07:21 invest the funding to repair the pool, because I don't have

10:07:26 a problem of granting the extension that you ask for, but I

10:07:31 think granting the extension for the 120 days, I think once

10:07:37 you respond, we need to have a definitive answer from the

10:07:43 administration that they are either going to find the




10:07:45 funding to do the pool or not do it.

10:07:52 If we can make a motion to have budget look at anything, but

10:07:56 if the mayor is not committed to doing it -- and we haven't

10:08:00 gotten that assurance from the administration yet.

10:08:04 >>BOB McDONAUGH: That's why I am here.

10:08:06 >> Are you saying --

10:08:07 >> I'm saying that the mayor has said that we are going to

10:08:09 look at a long-term sustainable plan for the project, and

10:08:14 whether that's renovation of it in the existing form or some

10:08:18 other way of utilizing it long-term, that the mayor will

10:08:23 come up with a plan with the staff and bring to the City

10:08:25 Council.

10:08:25 >>FRANK REDDICK: All right.

10:08:28 Are you saying in the request for 120 days, that will be a

10:08:33 final report from administration to move forward?

10:08:36 >> We will come back with a plan, to City Council, for a

10:08:41 long-term sustainable use for that project.

10:08:44 Now, I can't promise that it is rebuilding the pool in

10:08:48 place, because again we have had various opinions by experts

10:08:54 as to whether that's doable or not or sustainable.

10:08:57 But, again, we do recognize that that's an important

10:09:00 structure to our community.

10:09:01 It's important to the neighborhood.

10:09:03 And we want to make sure that whenever we come back with

10:09:06 council that it's not a Band-Aid, that it's a long-term




10:09:09 sustainable plan.

10:09:10 >> Well, I think indicated doing an above-ground pool is not

10:09:20 going to work.

10:09:21 So is it the recommendation that -- I hope consideration

10:09:26 will be given to looking at an inground pool with

10:09:29 maintaining the historic fabric of that facility out there,

10:09:34 and just giving these kids an opportunity to have somewhere

10:09:38 to go?

10:09:38 I think those two young kids standing there talking about

10:09:48 how important that pool is to them, that we are never going

10:09:51 to be touched.

10:09:54 I'm at the point where we just need to get it done.

10:09:57 I agree that it's been going on for a long, long time.

10:10:01 We need to get it done.

10:10:02 But I hate to say the 120 days, and then to come back here,

10:10:10 and we have no definitive response, and we are still saying

10:10:13 more time is needed.

10:10:15 It's not fair to this council, not fair to the community,

10:10:19 and I just want to say, to you as spokesperson on behalf of

10:10:26 the administration, let us move forward in 120 days with

10:10:31 whatever reports you need to have, and I'm pretty sure what

10:10:43 it does do this motion for January 30 when we have the

10:10:48 budget hearing I am going to request the money be part of

10:10:50 the budget process anyway.

10:10:52 So I just want to make sure that in 120 days, we will be




10:11:00 going forward and the public can feel comfortable that

10:11:04 something is going to take place out there, and something is

10:11:07 going to take place based on the 120-day report.

10:11:13 So that's where I'm at.

10:11:14 >>CHARLIE MIRANDA: Thank you.

10:11:15 Mr. Cohen.

10:11:15 >>HARRY COHEN: Thank you.

10:11:17 Let me make a suggestion to Councilman Reddick and to all

10:11:21 the council members that in order to achieve what he's asked

10:11:26 for that we have this report prior to our taking up the 2015

10:11:31 budget.

10:11:31 My count of 120 days is just roughly around June 5th,

10:11:37 John 26th, anywhere in there.

10:11:40 We'll have the report prior to our summer break, and prayer

10:11:44 to the time when we get the budget and have the hearings on

10:11:47 the budget.

10:11:48 So that's number 1.

10:11:52 And Mr. Reddick alluded to the enact next week we'll be

10:11:55 having in our workshop discussion some time to talk about

10:12:00 council members priorities for the coming year, and judging

10:12:03 from the discussion that we have had on the Cuscaden pool

10:12:06 issue, it's hard to imagine that will be part of our

10:12:12 discussion next week.

10:12:15 >>CHARLIE MIRANDA: Anyone else?

10:12:18 >>YVONNE CAPIN: That's what I was going to bring up.




10:12:19 We have our discussion on the budget next week, the

10:12:21 30th.

10:12:22 And I agree that it will be forefront, in that discussion,

10:12:27 and that was also my concern, that the report get back to us

10:12:31 in time for us to be able to evaluate it before the budget.

10:12:43 >>CHARLIE MIRANDA: Thank you.

10:12:43 Let me say this.

10:12:44 I haven't spoken.

10:12:45 And I appreciate you being here, Bob.

10:12:47 I think you want to say but you can't say because you don't

10:12:51 know the answers to what you want to say.

10:12:53 How do you like that?

10:12:54 That's an old Ybor saying.

10:12:56 >> No matter where you go, there you are.

10:13:00 >> It means I don't know the issue but I'm here.

10:13:05 And I don't want it done Ybor City style.

10:13:10 I want it done the right way.

10:13:12 And a lot of people young and old, or young and not so old,

10:13:19 would swim there and I was one of them.

10:13:21 And I don't think this administration -- I'm not speaking

10:13:24 for the administration, but I don't believe this

10:13:26 administration or any administration would tear down that

10:13:29 building.

10:13:29 I just don't believe that.

10:13:31 And I believe there will be a solution within 120 days.




10:13:34 And I'm hopeful that the administration comes up with some

10:13:37 form of a plan where there is what Mr. Reddick's group came

10:13:42 back and proposed, whether it's that cost or not, to make

10:13:45 sure what the final numbers are, and how do you salvage a

10:13:49 beautiful structure like that that was built in 1935, I

10:13:53 think one of two standing structures built south of Atlanta,

10:13:56 built that way, Jenkins and Cuscaden.

10:14:00 And those things are paramount in the historic fiber not

10:14:04 only of that community, of Ybor City, but of all of Tampa.

10:14:08 So hopefully we can get some work done, get the motion

10:14:13 passed.

10:14:13 I know there's a motion on the floor by Suarez and

10:14:16 Montelione.

10:14:17 But I also need approval after that, if I may, to get the

10:14:22 120 days in so we can once and for all give assurances to

10:14:27 the neighbors who live there now, the youngsters who are

10:14:31 going to the leaders of this city in the future, to make

10:14:34 sure that all that is completed.

10:14:35 So I will go to the motion by Mr. Suarez and Mrs.

10:14:40 Montelione.

10:14:40 All in favor of that motion?

10:14:42 Opposed?

10:14:44 Now I need a motion, see it passed for 120 days Mr. Reddick

10:14:47 makes the motion, right, sir?

10:14:49 Seconded by Mr. Cohen.




10:14:51 For June 5th at 9:00 a.m.

10:14:54 All in favor of that motion please signify by saying aye.

10:14:57 Opposed nay.

10:14:58 Motion passes unanimously.

10:15:00 Now, go do your work.

10:15:03 I appreciate it very much.

10:15:04 Don't come back until you have a concrete plan the 5th.

10:15:07 I don't want to grow hair by then.

10:15:08 >>BOB McDONAUGH: If you can indulge me for one second I

10:15:12 want to give a personal recommendation to the huh main

10:15:14 society.

10:15:14 I had a feral cat in my backyard.

10:15:18 Through the process I trapped it, had it neutered, got all

10:15:22 of its shots, and somehow this feral cat was in my house

10:15:26 last night because was too cold outside.

10:15:28 So it's not a so feral cat.

10:15:31 They were wonderful to work with and they do provide very

10:15:33 valuable service for our community.

10:15:35 >>CHARLIE MIRANDA: We appreciate it very much.

10:15:46 I believe Mr. Reddick on item number 6.

10:15:50 You want an extension time?

10:15:54 >>FRANK REDDICK: Yes.

10:15:56 >>CHARLIE MIRANDA: January 30th at 9:00 a.m.?

10:16:00 >>FRANK REDDICK: Right.

10:16:01 >> These are unfinished business staff reports.




10:16:06 Move item 6 to January 30th at 9 a.m.

10:16:09 All in favor of that motion?

10:16:10 Opposed?

10:16:11 Motion passes unanimously.

10:16:13 We go to item number 7.

10:16:14 >>THE CLERK: That would be 10:30.

10:16:20 >>CHARLIE MIRANDA: 10:30 in the morning it is then.

10:16:21 All in favor of that motion for 10:30 please signify by

10:16:24 saying aye.

10:16:25 Opposed? The ayes have it unanimously.

10:16:27 Item number 7.

10:16:29 Discussion by council members regarding if they want to do a

10:16:32 renewal of the task force for alcohol permitting.

10:16:37 Mrs. Montelione.

10:16:38 >>LISA MONTELIONE: Thank you.

10:16:43 It's probably no surprise to anyone that I don't think we

10:16:47 need a task force.

10:16:49 I think that we have spent so many hours.

10:16:57 Our staff has spent so many hours, months.

10:17:00 The community has spent a lot of their time to come down and

10:17:07 have workshops with Land Development Coordination, with

10:17:14 Cathy Coyle and her staff, the YCDC has put in many, many

10:17:19 hours for meetings.

10:17:22 And I think that all of the time spent, we have the tools,

10:17:29 we have the information to go forward with what was




10:17:34 originally brought to us, and that is some type of

10:17:38 regulation or strength in the ordinances that we have

10:17:43 already on the books to deal with the problems of large

10:17:49 venue night clubs.

10:17:50 And that was the original problem that was brought to us.

10:17:53 Now, we also all know that during our public hearings on

10:17:59 alcoholic beverage permits that other subjects have come to

10:18:03 be known as difficult, and that is the parking situation

10:18:08 that we addressed.

10:18:10 And we talked about that a couple of sessions ago where we

10:18:17 requested staff to look at the parking regulations so we

10:18:21 don't have to rehash the subject every time we have a public

10:18:24 hearing for an alcohol beverage permit.

10:18:29 But to engage a task force that will take even more time and

10:18:34 push this issue down the road, I think, is unnecessary.

10:18:40 I think we just have to go forward with some of the

10:18:43 recommendations.

10:18:43 And I asked staff, Mrs. Kert and I had a conversation as to

10:18:49 what happened after we had all those discussions about the

10:18:52 large venue nightclubs why we didn't move forward with

10:18:55 revising our ordinances, and why we didn't have staff come

10:18:59 forward with suggestions to change the ordinance.

10:19:04 And there wasn't really good reason.

10:19:09 We as a council dropped the ball.

10:19:11 And because we dropped that ball, we didn't follow up on the




10:19:15 recommendations that were discovered with all those

10:19:18 workshops I think we should take it upon ourselves to make

10:19:32 these changes that we need to make.

10:19:33 And I saw Vince Pardo come in from the YCDC, and if he's

10:19:39 still out there.

10:19:40 There he is back in the corner.

10:19:43 If he has anything to add, I would certainly like to hear

10:19:46 from him how the YCDC is feeling about this subject.

10:20:07 >>VINCE PARDO: Manager, YCDC.

10:20:16 After some people from Ybor City came to you and said we

10:20:18 have a problem, we need your help in finding better

10:20:21 solutions, you charged them with coming back with

10:20:25 recommendations.

10:20:30 The letter sent by the YCDC chair was February '13.

10:20:35 12 months.

10:20:36 And these recommendations came with hours of meetings with

10:20:43 staff, meeting with staff, and the community coming through

10:20:46 that.

10:20:47 And this was intended to be very narrow to what Ybor City

10:20:54 was seeing as a problem.

10:20:56 It wasn't all wet zone establishments.

10:20:58 It wasn't just pubs, restaurants.

10:21:00 It was large venue pubs.

10:21:03 So we grappled, and you have seen a couple of times, we are

10:21:08 trying to operationally define what a nightclub is, what is




10:21:11 a large venue, what kind of activities go in, that kind of

10:21:15 thing.

10:21:15 And I think we did a pretty good job working with legal,

10:21:19 with all the departments in the city, and with the community

10:21:22 in doing that.

10:21:23 Now granted, this was intended to be Ybor City, but it was

10:21:28 intended to have a very narrow subset of wet zone

10:21:32 establishments called nightclubs defined here and puts them

10:21:35 under business operating permit.

10:21:36 It did not intend any sanctions or anything, it says if you

10:21:41 violate, and here are conditions that we don't want to see.

10:21:45 If we see these, then we can sanction you with 21 and up,

10:21:50 with extra off-duty security, those kind of things.

10:21:53 So that's what you have, kind of meld in it.

10:21:58 I have to give credit to some of the other recommendations

10:22:00 because I think what I hear and note is that south Tampa's

10:22:06 problems are different.

10:22:10 So maybe there's a two-prong approach.

10:22:12 I can tell you that definitely this recommendation for Ybor

10:22:14 City will be a godsend, and I think that most nightclubs,

10:22:18 regulation nightclubs in the City of Tampa will be a

10:22:20 godsend.

10:22:21 Maybe to have a two prong approach dealing with restaurants

10:22:24 that become late night venues, and parking problems, parking

10:22:28 waivers, parking issues don't even apply to us in doing




10:22:30 that.

10:22:31 So I guess the frustration that I deal with working every

10:22:33 day is we have some recommendations, maybe solve the world's

10:22:38 problems, but give us the tools now that we can do

10:22:40 something.

10:22:43 Right now, knock on wood, I have no problems with Ybor.

10:22:46 You know, all it takes is one, and we can definitely see it.

10:22:56 >>CHARLIE MIRANDA: Any other council comments at this time?

10:23:00 Ms. Capin?

10:23:03 >>YVONNE CAPIN: Yes.

10:23:03 The recommendations from the YCDC was taken into

10:23:07 consideration built task force and they were included in the

10:23:10 draft ordinance.

10:23:11 The draft ordinance was never heard.

10:23:14 And that was a very sad mistake, in my estimation, because

10:23:19 it was a lot of work and a lot of hours that went into it.

10:23:24 But from that, what we can continue to do, whether we go

10:23:29 forward with this task force or not, and what we have been

10:23:31 doing -- and I have been on here for four years -- is

10:23:38 piecemeal.

10:23:39 And we need to focus on the importance, not just the urgent,

10:23:48 and that should guide our decisions.

10:23:50 And I really believe that whether we go forth with the task

10:23:56 force or not that what we have been doing, and what we find

10:24:00 ourselves in, and we are dealing with now, are adjustments




10:24:06 to our ordinances that were done prior to this council, that

10:24:11 we are now dealing with, and they were done piecemeal.

10:24:14 And when you do that, you have a hodgepodge, and the task

10:24:23 was and the task still is to look at comprehensive managing

10:24:29 what we grant.

10:24:33 Whether we go forward or not is up to the council.

10:24:36 >> Any other council members?

10:24:41 Mr. Cohen?

10:24:42 >>HARRY COHEN: I think the fact that we have spent so much

10:24:48 time wrestling with this issue, and I would characterize our

10:24:54 deliberations a little bit differently than Councilwoman

10:24:57 Montelione.

10:24:57 I don't think it's that we dropped the ball.

10:24:59 I think it's that we legitimately failed to come to a

10:25:03 consensus about how to move forward on some of these issues,

10:25:07 whether we brought them up or not, I don't think we have

10:25:10 ever gotten to the point where we all agree on what the best

10:25:17 ways to move forward are.

10:25:18 And I think Mr. Pardo pointed out that what may work in one

10:25:22 area of the city is going to be different than what is the

10:25:26 problem we are trying to solve in another.

10:25:29 Whether we go forward with the task force or not, the

10:25:33 underlying problem, as Councilwoman Capin said, is managing

10:25:37 what we grant, is one that we are going to continue to

10:25:40 grapple with.




10:25:41 And whether we go about dealing with the issues one by one,

10:25:44 and sort of try to deal with them narrowly, in ordinances

10:25:52 that may indeed targeted towards specific geographic areas,

10:25:56 that's one way to go.

10:25:59 Another is to reconvene another study.

10:26:04 My sense of it, though, is that before we do anything, I

10:26:08 think we are going to have to ultimately go back to a

10:26:11 workshop type discussion, so that we can put back -- well,

10:26:15 you know, I understand, we have been there before, but we

10:26:19 haven't really moved beyond that.

10:26:21 And to me, that's the forum where the problems and the ideas

10:26:26 have to be flushed out.

10:26:28 >>CHARLIE MIRANDA: Before any other council members speak, I

10:26:30 would like to this ask those who haven't spoken.

10:26:32 I have Mr. Suarez, Mrs. Mulhern.

10:26:41 >> I think there are some things at work here.

10:26:43 The YCDC recommendation dealt specifically with a very

10:26:50 narrow area, and I don't many specifically Ybor City, I mean

10:26:54 specifically night clubs, and this issue is much bigger than

10:26:58 that.

10:26:58 And I think Mrs. Capin has been very much in the far front

10:27:02 of discussing that, that it's a universal problem throughout

10:27:07 the city, not just one area.

10:27:09 The problem that we have is -- and I think that you are

10:27:12 right, Mr. Cohen, is that we have kind of talked across




10:27:14 different issues, and not really talked about it in a very

10:27:20 solidified way, which is if we are going to do a business

10:27:25 owner's permit or business operator's permit specifically

10:27:30 dealing with alcohol sales, there are lots of issues that

10:27:33 are we still need to work through, that we have not worked

10:27:36 through.

10:27:37 We have talked about a lot of these issues, but we have

10:27:39 never really put anything, you know, no pen to paper to come

10:27:42 up with a solution on some of those.

10:27:45 I agree with you.

10:27:46 I think we are going to do it.

10:27:48 It should be on a workshop but it's got to be very narrow in

10:27:51 terms of what we are talking about.

10:27:53 My viewpoint has always been that the reason why we have so

10:27:56 many issues when it comes to land use, and zoning,

10:28:00 concerning alcoholic sales is we have land use tied into the

10:28:06 other specifics of operating a bar or restaurant that's

10:28:11 serving alcohol, which is that their use is limited by --

10:28:19 you know, they negotiate with us a lot of times, as to the

10:28:22 time frame in which they sell, you know, how much parking

10:28:25 they provide, other things that are really about how you run

10:28:29 your business and not necessarily a land use.

10:28:33 We haven't divorced those two yet.

10:28:35 So because we haven't done that, it makes it much more

10:28:38 difficult to say let's do them now, and then shall talk




10:28:43 about the other issues later on in other parts of the city.

10:28:46 So I would suggest that we go ahead and schedule a workshop,

10:28:51 Mr. Cohen, if that was your intent, and then contained of

10:28:55 narrowly talk about operator permit, specifically concerning

10:29:02 sales, and that's what we put ourselves to, so that if we

10:29:06 are going to remove those from our land use discussion that

10:29:11 we have very specific and very well thought out and very

10:29:16 vetted determination on what that's going to many for the

10:29:21 business owners.

10:29:22 Because I think that we have done a par job of communicating

10:29:28 to those business owners what could happen in the future in

10:29:31 terms of an operator's permit.

10:29:35 Thank you, chair.

10:29:37 >>CHARLIE MIRANDA: Mrs. Mulhern and Mr. Reddick.

10:29:39 >>MARY MULHERN: Thank you, Mr. Chairman.

10:29:41 Just a couple of comments.

10:29:43 I feel very strongly -- and it took me four years since we

10:29:48 have been discussing this to come around to the idea of the

10:29:52 late night permitting idea, because I thought a problem was

10:29:55 that we weren't actually following our code on the piece by

10:30:00 piece basis, where -- the case-by-case basis where we were

10:30:05 granting all these waivers, which we didn't need to grant.

10:30:09 But I've come to believe that there are just too many

10:30:14 establishments for us, and also by doing that we put

10:30:20 ourselves in a position where it's hard to enforce.




10:30:25 So I think, number one, I still believe that we need to take

10:30:28 more seriously when we have these individual requests for

10:30:33 special use permits whether we should be granting the

10:30:36 waivers that are asked for, because our problem has become

10:30:39 that we have neighborhoods that are overwhelmed by too many

10:30:44 establishments with late-night hours and with alcohol,

10:30:48 serving alcohol, that are adjacent to residential.

10:30:52 So I now believe that we still, as a body, need to take more

10:30:58 seriously each and every alcoholic beverage, special use

10:31:04 permits that come in front of us, but I think the late night

10:31:07 permitting idea is a really good idea.

10:31:09 And I also believe that it should not be geographic.

10:31:14 I think it should be absolutely across the board city-wide,

10:31:19 if we do adopt something, because that's the only way that

10:31:22 you prevent -- basically what happens with these districts

10:31:25 is they rise up and then they fail in another neighborhood.

10:31:31 So since I have been here, Ybor was a big problem.

10:31:34 Now we are hearing from Ybor that they feel like they have

10:31:38 it under control.

10:31:40 Well, a lot of that is because the center of drinking moved

10:31:45 over to Howard Avenue.

10:31:48 Now we are seeing that that's starting to migrate over to

10:31:53 the same neighborhood over at MacDill.

10:31:56 And my prediction is that probably our next area where we

10:32:00 are going to have a problem -- and it may not happen -- is




10:32:04 probably Seminole Heights, whenever you have the contained

10:32:07 of young, vibrant neighborhood, it becomes the place where,

10:32:10 you know, people want to open their businesses.

10:32:13 So I think we should go forward with the late night

10:32:19 permitting idea.

10:32:20 I think it's been proven.

10:32:21 It's been used in other areas and it's working.

10:32:24 And I think we should go ahead with it.

10:32:26 But I don't think it should be limited geographically

10:32:29 because once you solve a problem in one area, it will just

10:32:32 migrate to another area.

10:32:33 >>HARRY COHEN: Mr. Reddick.

10:32:36 >>FRANK REDDICK: Thank you, Mr. Chair.

10:32:39 I think it's already East Tampa, but let me say this.

10:32:47 I think what we are doing here today, we are doing a

10:32:51 disservice to Councilwoman Capin, because when we had all

10:32:58 this discussion, nobody wanted to do a workshop.

10:33:01 She requested a workshop.

10:33:03 She begged us for a workshop.

10:33:05 And this time we got to item number 7 because we came back

10:33:12 with a multiple task force.

10:33:13 Now we are sitting here today talking about a workshop.

10:33:16 So it's a total disservice to Councilwoman Capin, because

10:33:19 this is what she asked this body when she brought it up for

10:33:23 discussion and nobody wanted to do a workshop.




10:33:26 All I heard was we don't have time and that led us to this

10:33:36 motion, let's do a task force, look at this, and see if they

10:33:40 can come back with a recommendation, and we move forward.

10:33:43 But now there's hesitation about the task force.

10:33:47 Now we want to go back to what Capin wanted from the

10:33:51 beginning.

10:33:51 So we are doing a disservice.

10:33:54 And I think wash we need to do is read the minutes before we

10:33:58 come to these meetings so we know the motions that are made

10:34:01 and we won't make these mistakes.

10:34:04 And this is the problem I'm having, because I recall there

10:34:10 was a lot of discussion about no more workshops, and let's

10:34:16 look at doing this task force.

10:34:18 And today, we want to go back to the workshop.

10:34:20 So council, I respect everyone's opinion.

10:34:27 But we also have to respect the opinions that are made on

10:34:31 this council.

10:34:32 This is a disservice to our colleague.

10:34:36 >>CHARLIE MIRANDA: Thank you very much.

10:34:36 Let me just say this.

10:34:40 >>YVONNE CAPIN: Can I?

10:34:41 >>CHARLIE MIRANDA: I haven't spoken.

10:34:42 Everyone has spoken but me.

10:34:45 >>YVONNE CAPIN: You are correct.

10:34:45 I apologize.




10:34:46 >>CHARLIE MIRANDA: Let me say this.

10:34:47 Whatever happens in whole, we did it, not the public.

10:34:50 The public didn't vote.

10:34:51 The council members voted.

10:34:52 The council members changed.

10:34:54 The council members wanted everybody to have alcohol till

10:34:57 three in the morning when you are a restaurant because the

10:34:59 law gave you that right.

10:35:00 And it still gives you that right.

10:35:02 But it was us, not you, who messed it up.

10:35:06 It was us.

10:35:09 The petitioner would come up and say, I just want it till

10:35:13 eleven.

10:35:13 Well, you can have it till 3:00 in the morning.

10:35:16 And I said then you are going to make an additional 2500

10:35:19 bars overnight.

10:35:20 That's what happened years ago.

10:35:22 What's happening now is now they have come up with a new

10:35:27 one. I don't have the parking.

10:35:28 I need a waiver.

10:35:29 But I have got a parking lot a block, two blocks away,

10:35:32 whatever it is, 440 yards or 1213 feet and I won't tell you

10:35:41 how many inches because I have to multiply by 12.

10:35:44 But all that happens, guess what happens.

10:35:47 They bring a contract for a lease on the lot, which is




10:35:50 enforceable until the time they leave that door and we give

10:35:55 the zoning for alcohol zoning and tear up the lease, and

10:35:59 then guess what, they got what they want, and there is no

10:36:03 parking. Yes, it needs to be fixed.

10:36:10 Where that parking lot is tied in to that permit, so that

10:36:17 can't operate if they lose the parking lot.

10:36:19 Let me tell you another thing that happens.

10:36:20 When the police department or legal department and this

10:36:23 council, and those in the business, want a bad apple out of

10:36:28 the bush allowed because they are doing things illegally and

10:36:30 wrongfully to hurt the community, sometimes, not knowing,

10:36:37 sometimes maliciously knowing, and we try to close it down,

10:36:40 and we are at the point where we are going to close it down,

10:36:43 guess what happens.

10:36:44 Those nice people go out, either form a 5:01 C 3 or give a

10:36:51 few dollars to be a 501(c)3, and if I am wrong, you can

10:36:55 correct me, Rebecca, they can go out and get a daily permit.

10:36:59 Am I right so far?

10:37:01 Somebody from the legal department?

10:37:03 Can you go out and get a daily permit?

10:37:07 >>REBECCA KERT: Legal department.

10:37:08 At the current time, yes, but council has already directed

10:37:11 that we change that.

10:37:12 >> But it's happened in the past?

10:37:13 >> Yes, sir, it did.




10:37:15 >>CHARLIE MIRANDA: Thank you very much.

10:37:15 They go out and get a 501 permit, they can open every day,

10:37:21 no matter if they are closed.

10:37:22 What a wonderful idea.

10:37:23 What a great way of doing business.

10:37:25 What a great city we have.

10:37:28 So I'm just telling you how the facts are, and that's being

10:37:31 changed.

10:37:31 I'm grateful that it is.

10:37:33 So all these things were created by us.

10:37:38 Not maybe us, the members here, but some council in the

10:37:41 past.

10:37:43 So check the record.

10:37:47 And that will tell you why we are here today.

10:37:50 There are businesses that have been operating understood the

10:37:52 60-40, changed to 51-49, and they come back and say, I can't

10:37:57 make it.

10:37:57 I'm sorry, I gave you exactly what you wanted.

10:38:00 And guess what.

10:38:04 They are operating today without a kitchen, without much

10:38:06 food sales.

10:38:06 They are in essence a bar.

10:38:08 We have done that.

10:38:09 I'm ashamed of ourselves.

10:38:12 All right, what do you want to do?




10:38:13 Let's go.

10:38:15 Who was first?

10:38:17 >>YVONNE CAPIN: I was.

10:38:18 >>CHARLIE MIRANDA: Ms. Capin.

10:38:19 Let's go.

10:38:23 >>YVONNE CAPIN: Thank you, Councilman Reddick.

10:38:24 I did propose on December 5th, which was my last meeting

10:38:28 before the January 9th, the first thing I asked for was

10:38:33 a workshop.

10:38:36 And it was heading that way.

10:38:38 But then than when it came up that it could, you know,

10:38:43 should be voted up or down, then the workshop and voting it

10:38:46 up, which I actually think it should have, because at least

10:38:49 it would have been heard and it was not.

10:38:54 The draft.

10:38:55 And the draft ordinance, how did it get there?

10:38:57 It didn't get there by itself.

10:38:59 I didn't do it by myself.

10:39:01 It took votes.

10:39:02 It took workshops.

10:39:04 There were workshops on that.

10:39:10 And that's how it got there.

10:39:11 Then I will say that the being task force was recommended by

10:39:17 our chair Miranda.

10:39:20 And at the same time he asked me to chair it and I accepted.




10:39:25 And then it was brought forth to have a discussion.

10:39:28 And the discussion was about how in my estimation how to set

10:39:34 up the task force, not how to deny the task force.

10:39:41 That is my understanding.

10:39:53 But a workshop.

10:39:55 I will not support a task force.

10:40:01 >>CHARLIE MIRANDA: Mrs. Montelione.

10:40:02 >>LISA MONTELIONE: Mrs. Coyle, I knew you were waiting for

10:40:08 your name to be called.

10:40:11 >>CATHERINE COYLE: No.

10:40:11 >>LISA MONTELIONE: We asked you before numerous questions

10:40:17 about alcohol and beverage permitting.

10:40:20 I'm looking at an agenda item.

10:40:23 This was December 1st of 2011 where you were requested

10:40:28 to appear and provide a report on the last six months

10:40:31 administrative alcohol beverage permitting.

10:40:33 So there's been numerous questions that have been asked of

10:40:35 you.

10:40:36 And I'm sorry, the impression from the discussion that

10:40:41 weighed of whether or not to have a workshop, it was the

10:40:46 workshop, not all of the things that were coming before us,

10:40:50 but a specific issue, and that's why I didn't support having

10:40:54 the workshop the last time.

10:40:58 Are you ready from all of the discussions we have had about

10:41:02 the large venue nightclubs to bring us revisions to our code




10:41:09 of ordinances to address that issue?

10:41:13 Because you had all those workshops with the community, with

10:41:16 stakeholder groups.

10:41:18 Do you have enough from what you have done over the past

10:41:21 year to bring us -- and all of our changes to ordinance.

10:41:27 You wouldn't say it's piecemeal.

10:41:28 Every time we meat, we change ordinances so it's the nature

10:41:32 of the game.

10:41:33 >> You are referencing the night club changes?

10:41:37 >> The large venue that we originally started having

10:41:44 discussions about, that you had discussions with the

10:41:47 stakeholders, that we were asked to make changes to address

10:41:50 specific issues.

10:41:53 Do you have enough information to bring those changes to

10:41:55 that ordinance?

10:41:56 >> there is a rough draft of that language that just needs

10:42:00 to be updated based on the final recommendations of Ybor.

10:42:05 We did not make it to the second part of it, of getting out

10:42:08 to the Howard district and some of the other districts.

10:42:12 So we have been dealing with Ybor because they were the ones

10:42:15 that initially brought the issue to council a couple years

10:42:18 ago because of that one incident at that club.

10:42:21 But we have worked with that group because they were the

10:42:24 people that really brought it forward.

10:42:27 The next phase is to go out and deal with the other




10:42:29 districts in the city that had that concentration of

10:42:33 nightclubs.

10:42:33 And it would have been just a couple of public workshops,

10:42:38 then to bring it forward, but there was a rough draft for

10:42:40 that one.

10:42:41 >> And do you recall why you never brought that to us was we

10:42:44 never heard the rough draft that you have?

10:42:51 >>CATHERINE COYLE: The tenor of council changed with the

10:42:56 motion to move other things forward.

10:42:57 >> Okay.

10:42:58 But we never asked you to bring those --

10:43:04 >>CATHERINE COYLE: No.

10:43:04 There was no motion.

10:43:05 There was nothing pending on your calendar to bring those

10:43:08 forward.

10:43:08 >> And that's what I meant by we dropped the ball.

10:43:11 Because after all the discussion and all the workshops you

10:43:13 had, it should have led up to our asking you to bring

10:43:16 forward an ordinance like we usually do.

10:43:20 And how many places in our code of ordinances are alcohol

10:43:25 beverage regulations addressed?

10:43:28 Is it one chapter?

10:43:29 Or is it several chapters?

10:43:32 The.

10:43:33 >>CATHERINE COYLE: Several.




10:43:33 In different ways, but several.

10:43:34 >>LISA MONTELIONE: And land use --

10:43:38 >> Is predominantly chapter 27.

10:43:41 >> And you and I first talked after I first got elected, sat

10:43:45 down and talked about revising the code each before the

10:43:49 economic competitiveness committee was convened that you

10:43:51 wanted to revise the codes and get rid of the piecemeal and

10:43:54 the Scotch tape that is holding all of our ordinances

10:43:58 together.

10:43:59 And you have been systematically doing that, right?

10:44:03 >>CATHERINE COYLE: Yes, with the exception of the last

10:44:04 period of time due to other matters.

10:44:07 But, yes.

10:44:10 Month so this is just another chapter, another issue that

10:44:13 you would like to bring up as well.

10:44:16 So I would say that since you have addressed that we go

10:44:21 ahead and hear you come forward with that draft and these

10:44:28 recommended changes, and going back to where we were a year

10:44:33 ago when you were ready to bring it back then.

10:44:36 So --

10:44:41 >>CATHERINE COYLE: In a workshop to discuss it?

10:44:43 >>LISA MONTELIONE: As many have said we workshopped it to

10:44:46 death.

10:44:46 If you have a draft of that language, and you are ready to

10:44:48 present that change to the ordinance, which is what we were




10:44:52 requested to do, to address large venue nightclubs, to make

10:44:56 the definition of nightclubs, you know, a piece in the

10:45:01 sanctions, I'm going to make the motion that we schedule Ms.

10:45:06 Coyle for a staff report to bring forward revision to the

10:45:12 ordinances regarding large venue night clubs, as we had

10:45:18 directed her to do a long time ago.

10:45:28 >>CHARLIE MIRANDA: Motion by Mrs. Montelione.

10:45:30 Second by Mr. Reddick.

10:45:31 I'll take that vote after discussion.

10:45:33 Anything else, Mr. Cohen?

10:45:37 >>HARRY COHEN: Whether we have a workshop or not, whether

10:45:43 we have a staff report or not on the individual issue of

10:45:47 large venue nightnight clubs, what I have been -- what I

10:45:52 tried to express the first time I spoke is that I think the

10:45:55 fundamental problem here is that we still as a council have

10:45:59 not come to a consensus on exactly which problems we are

10:46:03 trying to solve, and what we are trying to do to solve them.

10:46:07 To me, when there's a lack of consensus, the best thing to

10:46:11 do is to go into a forum where we have time for a little

10:46:14 more extended discussion.

10:46:17 I recognized that people are frustrated by the fact that we

10:46:21 had these discussions before.

10:46:22 But the discussions that we had before have not actually led

10:46:25 us with to a solution to these problems.

10:46:31 To Councilwoman Capin's credit, she has been out there




10:46:34 working to try to find solutions to bring to us, and we have

10:46:44 perhaps done a poor job of working through all the options

10:46:46 we have.

10:46:47 But as a group, we haven't come to a consensus.

10:46:50 So whether it's a workshop, whether it's a staff report, to

10:46:54 me, we still have to step back, and go back to the original

10:46:58 problems that we are trying to solve, and start putting back

10:47:02 ideas on the table for dealing with each one of them.

10:47:06 I respect everyone up here very much.

10:47:08 But I have to tell you, there are certain things that were

10:47:11 proposed today by different council members, that I am not

10:47:14 going to be able to support.

10:47:16 There are other things in the past that have been proposed

10:47:19 that I would.

10:47:19 Until we get in and hash all this out, I don't see how we

10:47:22 are going to really move forward holistically.

10:47:25 That's why I suggested a workshop.

10:47:27 But if it's not a workshop it still should be a long form

10:47:30 discussion.

10:47:32 >>CHARLIE MIRANDA: Mr. Suarez.

10:47:32 >>MIKE SUAREZ: What you pointed out -- and this is

10:47:38 something that -- I'm next to Mrs. Capin so I know how

10:47:43 things worked out here.

10:47:45 The original intent, and it came out of her committee

10:47:49 concerning, you know, cultural -- economic engine, okay.




10:47:55 Because that -- and again that's a more holistic, more broad

10:48:01 specter of a committee and not something specific to the

10:48:05 business, I think -- and I think the chair mentioned this at

10:48:10 our December meeting -- when we had not communicated to all

10:48:14 those business own percent, and if you recall we did have

10:48:16 quite a few business owners here that were not real happy

10:48:19 with us.

10:48:20 I think that the task force idea is better because now we

10:48:22 can talk to them in a different forum than a workshop.

10:48:27 The workshop unfortunately, I think, kind of bogs us down to

10:48:32 a lot of different discussions.

10:48:34 It doesn't narrowly go towards the specifics of the ideas

10:48:39 that were presented original lip from Ms. Capin's first

10:48:43 committee.

10:48:43 And I think if we do have a task force, and again, you know,

10:48:46 there's nothing I don't think in our specific rules or

10:48:50 charter that says about a task force, but something that we

10:48:53 can do, an ad hoc committee that we can create, that I think

10:48:58 we need to talk to those business owners specifically about

10:49:01 the ideas that were originally going to be brought forward

10:49:05 back in December that we never got a chance to talk about,

10:49:09 and, you know, because the large venue or nightclubs

10:49:14 discussion that was brought forth by the YCDC does not

10:49:18 pertain to a lot of the issues that are happening in other

10:49:21 parts of the city.




10:49:22 So if we contain it just to one part of it, we don't solve

10:49:26 the other problems.

10:49:27 Most of what we deal on land use, and when it comes to this

10:49:31 particular issue, is not happening in Ybor City.

10:49:34 It's happening in other parts of the city.

10:49:36 I think Mrs. Mulhern made a comment about that.

10:49:38 And it is true, no matter where we are at now in terms of

10:49:42 our own rules, we are going to see a growth in other parts

10:49:45 of the city.

10:49:48 If we don't deal with this now, I think we are going to have

10:49:50 a problem later on that we are trying to wrestle with that

10:49:54 has come from previous councils but now we have to handle

10:49:57 because we are on this board.

10:49:59 So I would suggest -- and I would like to make the motion to

10:50:04 have this a special ad hoc committee, specifically to Dale

10:50:11 with business use permit, whether it has to do with hours of

10:50:19 operation, and alcohol use, that we never discussed with the

10:50:27 business owners, and I think it's something we can have Mrs.

10:50:30 Capin's lead and have a determination on how we point to

10:50:35 that board, whether we want to sit on it ourselves or if we

10:50:39 want to have her run it and have information brought to us

10:50:43 at a future time so that we can get to a real consensus of

10:50:47 what the next steps are going to be.

10:50:49 So that's my motion.

10:50:51 >>CHARLIE MIRANDA: You have a motion.




10:50:54 I have a motion on the floor earlier.

10:50:56 That was Montelione and Mr. Reddick.

10:51:02 Then I have one now by Suarez.

10:51:06 Who seconded that one?

10:51:07 It died for lack of second.

10:51:09 >>MARY MULHERN: (off microphone).

10:51:14 >>CHARLIE MIRANDA: I am going to wait on these motions until

10:51:16 we finish the discussion.

10:51:17 I want to make sure everything is out in the open.

10:51:21 >>MARY MULHERN: I would like to maybe see these motions

10:51:29 withdrawn, and then Councilwoman Capin could make a motion,

10:51:36 or let us know where you want to go.

10:51:38 You let us know what you think.

10:51:42 Never mind.

10:51:47 >>CHARLIE MIRANDA: I'm not going to just forget about those

10:51:48 motions that are on the floor.

10:51:50 If I wanted to do that I wouldn't do it.

10:51:53 But that's where I'm at.

10:51:54 Mr. Reddick wants to speak a second term, second round?

10:51:58 >>FRANK REDDICK: Mr. Chair, the motion seconded by

10:52:02 Councilwoman Montelione, if staff can have the draft

10:52:06 ordinance that they can present to us, I would like tock

10:52:09 review that first before I go forward with a task force.

10:52:14 Because if we have that and we decide on a task force we can

10:52:21 provide them a an ordinance and -- draft ordinance.




10:52:24 If that is what I heard staff say, you have a draft

10:52:29 ordinance in place, and we haven't seen it --

10:52:32 >>CHARLIE MIRANDA: Haven't seen it.

10:52:34 >>FRANK REDDICK: Right.

10:52:35 At least we should give staff the pirate to present it

10:52:38 before we move forward.

10:52:39 >>CHARLIE MIRANDA: My second term of speaking here.

10:52:41 Let me give my opinion.

10:52:42 We have been working on this as one council member said

10:52:45 earlier for at least three years.

10:52:47 And our net result is congressional.

10:52:51 [ Laughter ]

10:52:52 And I don't mean that in a funny matter.

10:52:55 It is congressional.

10:52:55 We haven't done anything.

10:52:58 We are going to have a workshop, to give you a list of

10:53:02 things to discuss.

10:53:03 I don't want to say a workshop because if you do nothing is

10:53:06 going to be accomplished.

10:53:07 That's number one.

10:53:08 Number two, it is an ordinance out there.

10:53:10 I think we ought to at least see it, it may be better than I

10:53:17 any ideas we have.

10:53:18 Maybe not.

10:53:18 But it may be instrumental where you want to government and




10:53:21 thirdly, more important, when you know it's going to rain,

10:53:23 you go outside, and you go get an umbrella.

10:53:28 I have a sense it's going to come back, I'm not going to

10:53:31 like it but 24 hours liquor.

10:53:36 You already have liquor from 7 in the morning till 3 in the

10:53:39 morning.

10:53:40 And I have a sense that even those against the law of the

10:53:47 state that this is what's coming.

10:53:49 I'm not sure, I'm like one of those feral cats.

10:53:54 I know how to get around.

10:53:55 And I think that's what I am going to get when I get back

10:53:57 and find out.

10:53:58 So I have got motions on the floor.

10:54:01 I have got anxiety all over the place, not only on that

10:54:04 side, but this side, because the business owners are saying,

10:54:08 what am I going to do?

10:54:09 Where do I fit in?

10:54:11 When can I speak?

10:54:13 In a one has heard anything.

10:54:15 So my advice to myself, don't do anything till you fix the

10:54:20 things that you have now.

10:54:22 Come back, look at that ordinance, and then set a discussion

10:54:26 based on priority on what you want done and how you want to

10:54:29 accomplish it in a workshop.

10:54:31 But don't do it just to have a workshop.




10:54:33 Bring something to the public on what you want to speak on

10:54:36 so that the public understands what it is.

10:54:38 So the legal department understands what it is.

10:54:41 And I think that's what's gotten us to where we are at

10:54:44 today.

10:54:45 Before I go any further, yes, ma'am.

10:54:46 >>CATHERINE COYLE: Just from council's discussion and the

10:54:50 potential of setting up a workshop to discuss the nightclub

10:54:53 regulations, in all fairness to the discussion I am hearing,

10:54:56 if you are going to discuss one ordinance I recommend you

10:55:00 discuss both because there are similarities to the two.

10:55:03 It's just the use and how it's controlled.

10:55:05 The criteria are very similar between the two.

10:55:08 So it might broaden that discussion and give you a fair

10:55:12 comparison from other ordinances, just a recommendation from

10:55:19 what I am hearing.

10:55:20 >> And let me say I have a full calendar.

10:55:22 I have got to leave at 11:30 for another City Council I ask

10:55:28 meeting I have.

10:55:29 But I would like to break if possible to vote on the other

10:55:31 issues by 11:30.

10:55:33 And I don't know if I am going to get to that point, come

10:55:35 back at 1:30.

10:55:36 But that's what I have planned in my own maned.

10:55:38 It may not work for the rest.




10:55:41 Because I have to do something for the city.

10:55:43 But I want to get past this before I go any further.

10:55:48 What are we going to do? Are you going to have a workshop?

10:55:51 Do you want to see the ordinance?

10:55:52 Do you want to take these motions one by one?

10:55:55 We have got the world confused.

10:55:57 Mrs. Montelione.

10:55:58 >>LISA MONTELIONE: Mrs. Coyle, in addition to the large

10:56:01 venue nightclub ordinance language that you have developed,

10:56:04 did you also develop language, because we had discussions

10:56:08 about parking as related to the -- I think there was

10:56:12 somewhere on this calendar, a scheduled discussion about

10:56:15 parking, and those kind of things?

10:56:20 >> Yes.

10:56:20 I can't remember when that's coming back, though.

10:56:22 >>LISA MONTELIONE: We already have that also scheduled.

10:56:26 >> You might have directed to put it in the cycle to deal

10:56:30 with those changes.

10:56:37 >>LISA MONTELIONE: You are nodding in recognition? We did.

10:56:39 We had that discussion.

10:56:42 >> I think council already made the motion to put those

10:56:45 changes into the cycle.

10:56:45 >>LISA MONTELIONE: So that's already moving forward.

10:56:51 >> I'm pretty sure, yes.

10:56:53 >> So if we have another workshop, and we bring up all these




10:56:57 issues, we are going to counter what we have already asked

10:57:02 staff to do.

10:57:03 So I have a list of things, if the vote is to have the

10:57:07 workshop, you know, the night club regulations.

10:57:11 There are issues about fire marshal.

10:57:13 I have been looking through my notes.

10:57:15 We had fire marshal questions come up.

10:57:17 We had special doctor district questions come up.

10:57:19 >> I understood the motion, the two different discussions to

10:57:24 be about the regulations for these night clubs, but not the

10:57:31 land use permits.

10:57:32 The business operating permits.

10:57:34 >>FRANK REDDICK: Call for the question.

10:57:38 >>CHARLIE MIRANDA: We have a call for the question made by

10:57:40 Mrs. Montelione, seconded by Mr. Reddick.

10:57:43 Do you want to read that motion, clerk?

10:57:45 Do you remember?

10:57:46 >> The motion was to have Catherine Coyle come in for a

10:57:49 staff report, to bring forth recommendations or revisions

10:57:52 regarding large-venue night clubs.

10:57:57 >>CHARLIE MIRANDA: That was the first motion.

10:57:58 >> There was if no date.

10:58:03 I didn't provide a date.

10:58:04 And that language is already prepared.

10:58:06 So I would say our February 6th shall meeting at 9:00




10:58:14 a.m.

10:58:15 >> Discussion by Mrs. Montelione, seconded by Mr. Reddick.

10:58:24 >>YVONNE CAPIN: I would like to add if we are going to read

10:58:27 that draft, we read the draft of December 19th, that was

10:58:31 never heard.

10:58:33 So if we have a draft which was suggested by Ms. Coyle.

10:58:38 So if we are going to start hearing drafts, let's hear both

10:58:44 drafts.

10:58:49 >>CHARLIE MIRANDA: I have got to vote on the motion on the

10:58:51 floor.

10:58:51 You can make a motion on that one, bring that motion back as

10:58:54 soon as I finish this motion, if I may.

10:58:56 >>YVONNE CAPIN: Okay.

10:58:57 We got it.

10:58:59 >>CHARLIE MIRANDA: Okay.

10:59:00 Anyone else want to speak on the motion?

10:59:03 Made by Mrs. Montelione, seconded by Mr. Reddick.

10:59:06 Take a vote on it.

10:59:07 And the date was given and everything else.

10:59:09 Please signify by saying aye.

10:59:11 Opposed nay.

10:59:13 All right.

10:59:14 Voice vote.

10:59:15 >>MIKE SUAREZ: No.

10:59:19 >>YVONNE CAPIN: No.




10:59:21 >>FRANK REDDICK: Yes.

10:59:23 >>MARY MULHERN: No.

10:59:25 >>HARRY COHEN: Yes.

10:59:27 >>LISA MONTELIONE: Yes.

10:59:30 >>CHARLIE MIRANDA: Yes.

10:59:32 >>THE CLERK: The motion passes, Suarez, Capin, Mulhern

10:59:36 voted no.

10:59:37 >>CHARLIE MIRANDA: Let's go to the next motion.

10:59:39 There was a motion made by Mr. Suarez.

10:59:41 Seconded by Mrs. Capin, I believe.

10:59:43 Read the motion, please.

10:59:44 >> Scroll back a few pages.

11:00:07 >> Probably got it right the first time.

11:00:13 Have you got it, clerk?

11:00:15 >> Why don't you repeat it?

11:00:21 >> Get your pen ready this time.

11:00:23 My motion was to create an ad hoc committee specific to

11:00:31 business use permit concerning late night hours and

11:00:36 alcoholic sales, all venues.

11:00:43 The date would have been set -- well, the ad hoc committee.

11:00:49 >>CHARLIE MIRANDA: That's made by Mr. Suarez.

11:00:51 Seconded by Mrs. Capin.

11:00:52 Discussion by council members?

11:00:59 >>MIKE SUAREZ: I apologize.

11:01:05 >>MARTIN SHELBY: Number one, a reminder that this committee




11:01:07 by creation of City Council would be a full sunshine board,

11:01:11 and would have to follow all the requirements of the

11:01:12 sunshine law, the public meetings law.

11:01:14 And secondly, council, it would be my recommendation that

11:01:19 this committee be created by resolution, which I can bring

11:01:22 back to council based on your discussion so that the

11:01:25 parameters, the mission, the purpose, they in fact have Abe

11:01:30 road map in front of them that is approved by council, that

11:01:33 explicitly states what their function should be.

11:01:36 >>MIKE SUAREZ: Can we have them come back during a workshop

11:01:41 session or a regular session?

11:01:42 >>HARRY COHEN: May I make a friendly amendment?

11:01:44 Have them come back on February 6th since we already

11:01:47 have this other matter scheduled for that day, and it will

11:01:50 be a logical outgrowth of the discussion.

11:01:54 >>MIKE SUAREZ: And before we vote I want to make one thing

11:01:57 clear.

11:01:57 The reason why I decided to create the ad hoc committee is

11:02:00 that understood workshop rules, we do not have enough open

11:02:06 discussion from the people that are going to be affected to

11:02:08 have, I think, a more robust discussion as to the effects

11:02:13 our ordinance will have on those business owners that are

11:02:17 currently operating.

11:02:18 So to us, I want to avoid what weighed in December, which

11:02:21 was a miscommunication of what we were trying to do, without




11:02:26 enough input from the business community.

11:02:28 So that's the reason why I am creating it or asking it for

11:02:31 it to be created.

11:02:32 And that's the reason why.

11:02:34 I think that's the better way to go so that we have a much

11:02:37 richer discussion from the business community.

11:02:39 >> Any other discussion by council members? I only have one

11:02:43 question.

11:02:44 When you say business hours, what does that many?

11:02:46 >> Business hours, operation, similar to what we have

11:02:49 discussed prior, which was a business use permit for hours

11:02:54 of operation, with current concerns of alcoholic beverage.

11:03:00 If I am correct, Mrs. Coyle, that's essentially what the

11:03:02 draft ordinance was that was going to be discussed at the

11:03:05 December meeting.

11:03:06 Correct?

11:03:08 >>CATHERINE COYLE: Yes, I believe the late night permit was

11:03:10 a business than operating permit.

11:03:13 >>CHARLIE MIRANDA: Does that mean no more than 3:00 in the

11:03:15 morning?

11:03:16 >>MIKE SUAREZ: Again this is part of the discussion.

11:03:18 That's what it's all about.

11:03:20 >>CHARLIE MIRANDA: I have got a feeling.

11:03:21 Okay. Here we go.

11:03:23 Any other discussion?




11:03:24 Mrs. Montelione.

11:03:25 Anyone else?

11:03:25 >>LISA MONTELIONE: Originally when you had talked about it,

11:03:32 you said it can either be us as this task force but as the

11:03:38 public.

11:03:39 My concern is if we appoint people to sit on a task force,

11:03:45 there's going to be sunshine.

11:03:48 There is going to be a limited ability for them to talk

11:03:54 about this subject without too many meetings in a sunshine

11:04:01 forum, who is going to sit on this.

11:04:04 I mean the industry professionals are going to be making

11:04:10 recommendations that affect everyone in the city, and to

11:04:13 have -- to cast a wide enough net to include folks that I

11:04:20 represent, that I have gotten letters from, that have

11:04:25 businesses on Cross Creek Boulevard, or on County Line Road.

11:04:34 They are not going to be, I don't think, equally

11:04:37 represented.

11:04:38 We are going to have the same discussion with the people who

11:04:40 are in Howard or East Tampa or in Ybor or in Channelside.

11:04:49 If we are going to have this task force for making

11:04:55 regulations, I think it needs to be us.

11:05:00 I don't see that we have --

11:05:03 >>MIKE SUAREZ: If I could interrupt for just a moment.

11:05:05 It's not that they are making regulations.

11:05:08 We are making the --




11:05:10 >> Recommendations.

11:05:12 >>MIKE SUAREZ: And I think the importance of this task

11:05:14 force is that we get a fuller discussion of the way that our

11:05:18 ordinance will affect those businesses.

11:05:22 If December's meeting is not indication enough that we did

11:05:25 not communicate what was coming forward, I don't nobody what

11:05:28 is.

11:05:29 And I think that sometimes we lose sight of the fact that

11:05:32 our workshop than process and our council process doesn't

11:05:36 include a lot of times shall a bet are discussion.

11:05:41 And unless we are going to meet individually with some of

11:05:43 these folks ourselves in a private manner, the only way to

11:05:46 do it is in the sunshine.

11:05:49 I don't see any better way.

11:05:51 >>LISA MONTELIONE: The problem was that we have voted -- I

11:05:56 voted against this, but we have voted as a body to bring

11:05:58 back that business regulation permit as an ordinance.

11:06:03 And it took everybody by surprise.

11:06:05 We didn't bring it back to the staff report.

11:06:07 We brought it back, and I you voted against bringing it back

11:06:11 as an ordinance.

11:06:12 But that's what happens.

11:06:13 And I went on Twitter and Facebook and said, look, you guys

11:06:21 need to know about this.

11:06:22 The community needs to know about this.




11:06:24 And people in my district -- I was at CHICO's opening last

11:06:34 weekend and they didn't know.

11:06:36 And he owns several locations throughout the city.

11:06:38 They didn't know that we even talked about this permit.

11:06:43 Possibility.

11:06:44 And they didn't know than we were talking about it again.

11:06:47 So if you have got people who are that entrenched in the

11:06:51 community of restaurants and alcoholic beverage, we are not

11:06:58 doing a good job communicating.

11:07:00 I don't think whether we have a task force or not is going

11:07:03 to solve that problem.

11:07:09 >>CHARLIE MIRANDA: I have a call for the question by Mr.

11:07:10 Reddick.

11:07:11 I have a motion made by Mr. Suarez.

11:07:13 Seconded by Mrs. Capin.

11:07:15 I think it was read by Mr. Suarez very eloquently.

11:07:18 Any further discussion?

11:07:19 The question is on the table.

11:07:23 All in favor of the motion indicate by saying aye.

11:07:26 Opposed nay.

11:07:29 Let's go.

11:07:29 Roll call vote.

11:07:30 >>MIKE SUAREZ: Yes.

11:07:34 >>YVONNE CAPIN: Yes.

11:07:35 >>FRANK REDDICK: No.




11:07:37 >>MARY MULHERN:

11:07:40 >>HARRY COHEN: No.

11:07:42 >>LISA MONTELIONE: No.

11:07:44 >>CHARLIE MIRANDA: No.

11:07:45 >>THE CLERK: The motion failed, Reddick, Cohen, Montelione,

11:07:51 and Miranda voted no.

11:07:56 >>CHARLIE MIRANDA: Okay.

11:07:57 Anything else on alcohol?

11:08:05 All right.

11:08:06 We will fix up what we have.

11:08:07 And then we'll go forward.

11:08:09 Item number 8.

11:08:10 And I apologize to you here.

11:08:15 You have seen legislation in action.

11:08:18 Item 8.

11:08:21 >>YVONNE CAPIN: I want to make a motion.

11:08:22 I want to see a draft ordinance for the alcoholic beverage

11:08:25 permitting that was never heard on December the 5th to

11:08:30 be heard on February 6th.

11:08:35 As we hear the other draft ordinance.

11:08:38 >>CHARLIE MIRANDA: And I apologize.

11:08:39 I forgot that.

11:08:41 I have a motion by Mrs. Capin, second by Mrs. Mulhern on

11:08:44 that motion.

11:08:45 All in favor of the motion please indicate by saying aye.




11:08:48 Opposed nay.

11:08:50 Motion passes 6 to 1.

11:08:51 >> And that was Montelione.

11:08:55 >>CHARLIE MIRANDA: Coming back at the same time as the one

11:08:57 come up earlier.

11:08:58 >>MARTIN SHELBY: Just for clarification that is staff

11:09:00 report, not coming back for first reading.

11:09:02 >>CHARLIE MIRANDA: Correct.

11:09:02 Correct.

11:09:04 Than all right.

11:09:05 Item number 8.

11:09:06 >>REBECCA KERT: Legal department.

11:09:11 I am here on item number 8 as well as item 9.

11:09:15 Item 8 was for a progress report regarding an ordinance last

11:09:21 July regulating behavior in public spaces, specifically it

11:09:24 dealt with campaigns in the right-of-way and again you have

11:09:33 captain ward.

11:09:37 >> Captain ward, Tampa Police Department.

11:09:39 Just to give you a couple of stats.

11:09:48 Sleeping, urinating in public, and no arrests for storage.

11:09:54 >>FRANK REDDICK: Could you speak into the mike?

11:10:04 We can barely hear you.

11:10:05 >> Okay.

11:10:06 There were only three arrests camping.

11:10:08 Sleeping in public there, were no arrests.




11:10:11 Urinating in public, there were five arrests.

11:10:13 And on property owned by the public, there were none.

11:10:20 No arrests.

11:10:21 >>HARRY COHEN: Councilwoman Montelione.

11:10:24 >>LISA MONTELIONE: Thank you, Mr. Cohen.

11:10:29 As to the arrests, when someone is arrested under this

11:10:32 ordinance, do they go to the special magistrate that was set

11:10:36 up?

11:10:37 What is the process after someone gets arrested understood

11:10:39 this ordinance?

11:10:40 >> Officer Daniel McDonald, Tampa police.

11:10:47 Pending on whether it's a notice to appear or taken to jail,

11:10:52 then they will go to a municipal ordinance docket, which is

11:10:55 on the second Wednesday of every month at 7:30 a.m.

11:10:59 >>LISA MONTELIONE: That's the quote-unquote homeless court?

11:11:04 >> Yes, well, the majority of these defendants are homeless,

11:11:07 but not exclusively homeless.

11:11:10 >> And I think I read in the newspaper that they enter

11:11:12 viewed a few of the gentlemen who were arrested.

11:11:17 This was awhile back.

11:11:18 The first few when the court was first set up.

11:11:21 And a couple of them refused to seek treatment or any kind

11:11:25 of aid or assistance, but one of them did.

11:11:29 So has that improved?

11:11:30 I mean, there are very small numbers which I am very




11:11:34 grateful for.

11:11:37 The small numbers, I mean, one is maybe too many.

11:11:40 >> Yes, at any one time we have about a dozen clients that

11:11:46 are going through our diverse program, and encouraging and

11:11:53 seem to be getting less cases, less violations, and we do

11:12:00 have people to divert, get help, and the overall results are

11:12:10 very encouraging.

11:12:10 >>LISA MONTELIONE: Thank you.

11:12:13 >>FRANK REDDICK: Could you tell us where are you seeing the

11:12:16 majority of the homeless people congregating in the city

11:12:22 since we established this ordinance?

11:12:31 >> Most are downtown, VM Ybor, Tampa Heights, and that

11:12:35 continues to be about the same.

11:12:38 I think as we cycle through people who want to get help and

11:12:42 get off the streets, and then coming up at the end of the

11:12:47 month, and seems like less and less people, particularly

11:12:52 downtown.

11:12:54 So those are the main three areas.

11:12:58 Although it is a city-wide issue.

11:13:00 >>FRANK REDDICK: Right, right.

11:13:01 But since they had this ordinance in place by moving them

11:13:06 from the downtown area, I know they have gone somewhere

11:13:08 else.

11:13:09 So that's where my question was.

11:13:13 >> Yes.




11:13:15 Still, those areas are still pretty much driving the

11:13:17 homeless issues, and as the ones that do want to comply with

11:13:22 the law, either help them or choose voluntary compliance,

11:13:28 and some may go into hiding or disappear.

11:13:32 We never see them again.

11:13:34 So some, we don't know where we go.

11:13:38 I think most of those areas as I mentioned.

11:13:44 >>FRANK REDDICK: And than the cafe that feeds the homeless,

11:13:49 providing a meal, traveling to Tampa Heights, or they

11:13:56 continue to concentrate around the Trinity Cafe once they

11:14:03 close, are they becoming any type of major issue for you?

11:14:06 >> I looked at calls of service and street checks, usually

11:14:12 when we talk to a homeless person, and Trinity Cafe has been

11:14:15 open about eight months, so I looked to the eight months

11:14:18 since it opened, and before that, have an equal

11:14:22 representation.

11:14:24 And the officers stop and talk to a homeless person.

11:14:29 And it's we have had -- before Trinity Cafe opened we had 13

11:14:42 street checks on homeless people.

11:14:45 Since it opened we had 14.

11:14:46 So there is a lot of foot traffic that we see going up and

11:14:49 down Florida Avenue, Nebraska Avenue, but in terms of policy

11:14:53 service, it seems to be mutual for police issues.

11:14:59 >>FRANK REDDICK: Are we providing shelter for any of these

11:15:04 homeless within the city limits?




11:15:06 >> Well, the primary emergency shelter for Tampa,

11:15:10 Hillsborough County is the Salvation Army on Hillsborough

11:15:13 Avenue which was 132 beds.

11:15:15 A case like last night and tonight, a cold weather event,

11:15:18 and they will open up overflow shelters so no one is turned

11:15:22 away.

11:15:23 And noncold weather nights they are still running understood

11:15:29 capacity so basically anyone who wants a bed at night, we

11:15:31 have that available.

11:15:32 We also had the operation give me shelter we started in

11:15:37 November around Thanksgiving.

11:15:38 And that was for people, and we can either fund people stay

11:15:45 at Salvation Army, for ordinance violations, or some, the

11:15:50 majority were funded through nonviolations, just wanted a

11:15:56 place to stay for the night, and funded through donations so

11:15:59 no tax dollars are expended for that.

11:16:02 >>FRANK REDDICK: One last question.

11:16:05 I believe it was last night or this morning that in

11:16:08 Hillsborough County, they have contracted out some type

11:16:12 of -- out some type of homeless service for the people that

11:16:18 need shelter during this cold climate.

11:16:20 Has the city coordinated with the county to see about those

11:16:27 that concentrate in the city limits?

11:16:29 >> Yes, the majority that are in downtown, VM Ybor, they

11:16:37 simply walk to the shelter.




11:16:40 And last night, it was the sunshine line providing bus

11:16:45 services.

11:16:47 And there was a health care facility that was providing

11:16:54 service and they had about 200 people.

11:16:57 About 60 people in the shelters. People are definitely

11:17:02 making it there.

11:17:03 I don't have numbers on how many need transportation.

11:17:07 Those that need transportation, they can call me, but I

11:17:12 haven't received any calls.

11:17:15 >>MIKE SUAREZ: Officer McDonald, you know, you are really

11:17:23 our expert, so I am going to ask you about in terms of the

11:17:27 ordinance, in relation to those folks that are chronically

11:17:30 homeless, you see a lot of the same guys all the time.

11:17:36 Do you think that this has had any effect on either them or

11:17:40 only on those that are newer faces that you typically see

11:17:45 and don't see again? I mean, what's your professional

11:17:48 assessment of how this is having an effect?

11:17:50 >> Yes, I think we are making a dent in the chronic homeless

11:17:54 population, and people become homeless, people don't get off

11:18:03 the street.

11:18:03 Many get off their own or I may deal with them once.

11:18:06 The chronic folks that we are using the ordinance for, we

11:18:10 have taken a very calculated and deliberate approach to do

11:18:15 it in a humane method.

11:18:17 And I think the reason why the violations is because




11:18:22 officers have gone above and beyond to try to reach out to

11:18:25 these folks, offer them help, and in many cases, warning the

11:18:31 potential violators, and taking the property violation,

11:18:37 usually dating them is sufficient for that.

11:18:40 And then a good way to get them help, at the same time doing

11:18:44 in the a very huh main way.

11:18:46 So I think the homeless count for this year coming up next

11:18:51 month.

11:18:53 The last one showed -- I think it showed the same but we

11:18:58 will have it hopefully in March.

11:19:03 >>CHARLIE MIRANDA: Thank you.

11:19:03 Mrs. Montelione.

11:19:04 >>LISA MONTELIONE: Thank you, Mr. Chair.

11:19:07 I don't want to get too far astray from the topic.

11:19:11 But we have been over the course of the last few minutes

11:19:15 been approving contracts, and I think you pointed out a

11:19:20 couple of them for additional funding for permanent housing,

11:19:28 and the county has done some.

11:19:32 We have done some.

11:19:33 There's one in my district that was the step forward group

11:19:39 did and veteran housing.

11:19:41 And 20, 30 units at the time but we are making a dent.

11:19:45 And we have just approved, I think, a big chunk of money.

11:19:49 I don't remember which calendar it was on.

11:19:55 For an even larger apartment complex and more units.




11:19:58 And I did want to mention the homeless count.

11:20:01 I was trying to get the information on my phone.

11:20:03 But during new business at the end of the meeting, I'll

11:20:08 announce who to contact for assistance.

11:20:11 Because in the homeless count, three years running now, I

11:20:17 think, or more, and there's never enough people out there on

11:20:22 the street to take part in the count.

11:20:28 And there's also a way, if you are not comfortable being on

11:20:31 the street, and interviewing people, there is a call-in

11:20:36 hotline.

11:20:37 And I also participated in that last year, and heard those

11:20:41 people who don't want to actually go out on the street and

11:20:44 enter view people, you can staff the hotline.

11:20:54 There was training that the homeless, Tampa Hillsborough

11:20:56 homeless initiative had done for the officers who are based

11:21:03 downtown in dealing with the homeless.

11:21:04 Has there been any further training of officers, because

11:21:08 it's city-wide, not just be a downtown issue?

11:21:10 Has there been any training of officers out in the other

11:21:13 districts?

11:21:14 >> We are going to be starting in the future, the near

11:21:19 future, with my colleagues in district 1, which is South

11:21:25 Tampa, West Tampa.

11:21:27 I am going to be doing some training so they can work on the

11:21:31 homeless issues.




11:21:32 So it is rolling out.

11:21:36 But to work on D-3 which is downtown, Ybor City, to work out

11:21:42 any bugs in the system, and any issues, and so far it's been

11:21:48 working, I think, well.

11:21:52 So we will be able to go ahead in the future.

11:21:55 >>HARRY COHEN: Thank you very much.

11:21:58 Before we move on to item 9, I just want to say that when we

11:22:02 pass these ordinances, there were a lot of concerns

11:22:05 expressed.

11:22:06 And I think the low number of arrests and violations is

11:22:12 testament to the fact that the police department has done an

11:22:15 excellent job of using these tools, and using discretion in

11:22:18 dealing with people.

11:22:19 And we appreciate it.

11:22:20 And we know our fellow citizens appreciate it as well.

11:22:23 So with that, Mrs. Kert, number 89.

11:22:29 >>REBECCA KERT: Legal department.

11:22:34 A similar report, to provide a staff report providing the

11:22:37 workability of the ordinances that have been passed

11:22:39 regarding solicitation.

11:22:46 >> Captain ward: We have had 598 calls for service, average

11:22:56 about 100 calls for service per month which is approximately

11:22:59 three calls per day.

11:23:02 At the same time, the same time frame, from July to

11:23:06 December, the six-month period, so back in July we averaged




11:23:10 about 103 calls for service, and in December our numbers

11:23:14 were 85 calls for service, which is an 18% decrease, and our

11:23:19 calls for service panhandling soliciting.

11:23:23 Numbers of 281 arrests be for panhandling soliciting.

11:23:26 In that same time frame.

11:23:28 And 47 of those arrests were average per month for those

11:23:35 six-month period.

11:23:36 So 47 arrests per month in that suction-month period.

11:23:42 Which is approximately one half per day.

11:23:49 >>CHARLIE MIRANDA: Any further discussions on 8 or 9?

11:23:53 Any other report, officers?

11:23:56 Mrs. Montelione?

11:23:57 >>LISA MONTELIONE: To what do you attribute -- the number

11:24:00 is a lot bigger for harassment.

11:24:02 What do you attribute the calls to?

11:24:08 I mean, what is typical?

11:24:13 If why are the folks being arrested for solicitation?

11:24:16 >> Well, the arrest numbers, the 281 arrests were

11:24:25 contributed to officers on the scene and the individuals who

11:24:28 were panhandling not being in compliance with the ordinance.

11:24:30 A lot of those arrests come from trespass.

11:24:34 Some of the solicitations on private property after being

11:24:40 warned.

11:24:40 >> That was my next question.

11:24:42 Are they being issued warnings first and then repetition did




11:24:45 also violation they get arrested?

11:24:47 Or --

11:24:48 >> On private property?

11:24:50 They get trespassing on private property.

11:24:52 We get a lot of calls from business owners that have people

11:24:54 on their property soliciting.

11:24:56 >> And when they are arrested do they go am to the same

11:25:01 special magistrate court?

11:25:03 Or not?

11:25:07 >> Officer Daniel McDonald, TPD.

11:25:09 Yes, they go to the municipal docket.

11:25:13 >> Are the people that are being arrested, would you

11:25:16 characterize them mainly as homeless individuals that are

11:25:18 being arrested for solicitation?

11:25:22 Or are they selling, you know, newspapers or water?

11:25:30 >> It's mostly solicitation.

11:25:32 I call it the -- not all homeless people solicit and not all

11:25:41 solicitors are homeless.

11:25:42 I think 50%.

11:25:45 So it's very closely related, and we see that, a majority of

11:25:51 municipal cases.

11:25:51 >> And using the same people over and over again?

11:25:55 >> Yes.

11:25:58 That's one thing we are working to break the cycle.

11:26:05 >>CHARLIE MIRANDA: Any other council members?




11:26:06 Thank you both very much.

11:26:07 I appreciate your work on 8 and 9.

11:26:10 We go to item 10.

11:26:16 I have a motion by Mr. Reddick on item number 10, moved and

11:26:19 seconded by Mrs. Montelione.

11:26:22 Discussion by council members?

11:26:23 All in favor of the motion please indicate by saying aye.

11:26:25 You want it passed or you want it denied?

11:26:29 Then sit down.

11:26:30 Thank you very much.

11:26:32 All in favor of the motion indicate by saying aye.

11:26:36 Ayes have it unanimously.

11:26:37 Thank you very much.

11:26:38 Item 11.

11:26:39 >>FRANK REDDICK: Move the resolution.

11:26:41 >>CHARLIE MIRANDA: Moved by Mr. Reddick, seconded by Mrs.

11:26:44 Montelione on a close vote.

11:26:47 The ayes have it unanimously.

11:26:49 I have had a request.

11:26:50 I am going to have to leave in a minute or two.

11:26:52 I will recuse myself from one in a second but item number 40

11:26:55 I am going to ask the petitioner coming for continuance and

11:27:00 I want to see if there's anyone in the audience that wants

11:27:02 to talk on the continuation.

11:27:03 This is a public hearing.




11:27:04 Let me open these items 30 -- 35 I am going to start with

11:27:13 through 35 through 46.

11:27:16 I need a motion to open 35 through 46.

11:27:19 Motion by Mrs. Montelione.

11:27:20 Second by Mr. Suarez.

11:27:21 All in favor of the motion?

11:27:23 Opposed?

11:27:24 The ayes have it unanimously.

11:27:25 Item 35 through 46 are now open.

11:27:28 Item number 40.

11:27:36 >>STEVE MICHELINI: Our site plan needs to be revised and

11:27:38 respectfully request that number 40 be continued.

11:27:40 >> Anyone detour speak on the continuation portion only?

11:27:43 I see no one.

11:27:44 I need a motion for that.

11:27:45 >>HARRY COHEN: Move to continue item 40.

11:27:50 >>CHARLIE MIRANDA: Motion to continue to what date and what

11:27:52 time?

11:27:53 >>STEVE MICHELINI: I checked with the clerk to see what days

11:27:55 that you don't have such a heavy agenda.

11:28:04 >>CHARLIE MIRANDA: Time keeper?

11:28:06 >>HARRY COHEN: How about February 20th?

11:28:09 >>STEVE MICHELINI: Great p.

11:28:10 >>HARRY COHEN: 10:30.

11:28:12 >>CHARLIE MIRANDA: 10:30 the year 2014.




11:28:15 Made by Mr. Cohen.

11:28:16 10:30, 2014.

11:28:18 Seconded by Mr. Reddick.

11:28:19 All in favor of the motion?

11:28:24 The ayes have it unanimously.

11:28:25 Thank you very much.

11:28:26 We go to item number 35.

11:28:30 And then we go right through the agenda.

11:28:35 Yes, ma'am.

11:28:39 These are quasi-judicial hearings.

11:28:42 Before we go through these, anyone that's going to speak on

11:28:46 35 through 45 that we just did -- I mean 46, please rise and

11:28:52 be sworn in.

11:28:53 If you have any inclination you are going to speak, rise and

11:28:57 be sworn in on those items.

11:28:58 (Oath administered by Clerk)

11:29:00 Okay.

11:29:11 Item 35.

11:29:13 >> Julia Mandell, City attorney.

11:29:13 What you have is the second reading on a revised site plan,

11:29:17 which is coming to you as a result of a mediation held

11:29:25 versus the City of Tampa, coming forward as a result of

11:29:27 litigation which has been pending, and is in front of you

11:29:31 before settlement of that litigation, which would require

11:29:35 you to move forward on this on second reading.




11:29:40 Briefly, about the case, just so everybody understands where

11:29:43 we are, this was a multi-count complaint which is now in

11:29:46 federal court.

11:29:48 The remaining counts, there are some Constitutional claims

11:29:52 which have a lot of components to it as well as the appeal

11:29:58 of your previous denial of this particular application.

11:30:02 In order to move forward with a settlement of the case it

11:30:05 was completely to take care of all of the count in the

11:30:08 complaint.

11:30:08 If this were to be approved, would not include any contained

11:30:11 of monetary settlement, meaning that there would be each

11:30:14 party would keep that you are own costs as it relates to

11:30:19 this case, and where it allows the property owner to move

11:30:23 forward under the revised site plan, which I am going to

11:30:26 have Mrs. Coyle go ahead and describe to you.

11:30:28 But just by way where we are procedurally, this particular

11:30:32 petition -- and Mrs. Coyle will describe the original

11:30:36 petition in more detail -- came to you on a first reading

11:30:41 public hearing, and at that first reading public hearing,

11:30:44 the petition was approved with a condition of having an open

11:30:48 kitchen.

11:30:50 On second reading, when you went forward with your public

11:30:53 hearing, the petition ended up going through the public

11:30:57 hearing process and was ultimately denied.

11:31:00 Among some of the reasons it was denied, and I think




11:31:02 probably one of the critical reasons it was denied had to do

11:31:04 with parking waivers.

11:31:05 I am going to ask Mrs. Coyle to come up and describe exactly

11:31:09 what was in that original petition and how that is being

11:31:11 changed by this revised site plan.

11:31:13 Thank you.

11:31:18 >>CATHERINE COYLE: Planning and development.

11:31:20 Just to reiterate what Mrs. Mandell mentioned the first

11:31:24 reading it was approved as a bar with parking waivers, and

11:31:28 the kitchen was required to be opened.

11:31:30 Second reading happened and it was denied.

11:31:32 First and far most the parking waiver is one of the reasons

11:31:35 for denial.

11:31:35 That has been eliminated.

11:31:37 There is no parking waiver associated with it.

11:31:39 But wail do really quickly just to compare what is currently

11:31:42 on-site now, they actually do currently have a 2(COP) which

11:31:46 is beer and wine consumption on premises and package sales.

11:31:51 And as required by that ordinance, that sales of alcoholic

11:31:55 beverages have to be incidental to any use.

11:31:58 So any range of uses that are allowed within the CG zoning

11:32:01 district.

11:32:02 They are permitted to have a 3 a.m. close per code.

11:32:06 They are allowed to have outdoor ample fade sound, allowed

11:32:09 during all hours that are subject to the code decibel




11:32:13 levels.

11:32:14 They are also permitted to have indoor and outdoor sales.

11:32:17 And then do not have any enhanced security requirements and

11:32:23 that's the approval actually on-site.

11:32:25 So the proposed request has been modified.

11:32:27 It is a small venue.

11:32:29 It is beer, wine and liquor.

11:32:31 So it's the addition of liquor.

11:32:33 They are eliminating the package sales portion that they

11:32:36 have currently so it's only on-site consumption.

11:32:39 They are retaining the 3 a.m. close that they have

11:32:42 currently.

11:32:43 They are opting to have the conditions to stop the love

11:32:48 music outdoors at 11 p.m.

11:32:51 Indoor and outdoor sales are permitted the same as today.

11:32:55 There is no parking waiver.

11:32:57 They are adding licensed security officers Thursday through

11:33:00 Saturday at their own expense starting at 10:00 p.m.

11:33:03 And lasting until one hour after close, whatever time they

11:33:07 close.

11:33:10 Furthermore, they did add the condition that the

11:33:14 establishment operates -- they include a definition of a

11:33:19 restaurant that is actually in our zoning code.

11:33:21 It's the establishment whose business is in the preparation

11:33:24 of serving and selling of food to the consumer, or the




11:33:26 customer, for immediate consumption on or in the vicinity of

11:33:30 the premises or takeout by customers.

11:33:32 Food shall be continuously ready to be prepared, sold and

11:33:36 served during all business operational hours.

11:33:38 Establishment shall be appropriately licensed as a

11:33:41 restaurant or food service tape by the State of Florida.

11:33:46 And that's just between the current approval and what is

11:33:50 being proposed today.

11:33:51 So the establishment will operate as a restaurant.

11:33:55 And the difference between the two.

11:33:57 Adding liquor but eliminating the package sales.

11:34:00 Adding security requirements.

11:34:02 In a parking waiver.

11:34:02 >>JULIA MANDELL: It is a full public hearing.

11:34:11 So you should be opening that to both petitioner and the

11:34:13 public at large.

11:34:15 One thing I did want to say is there was, I believe, an

11:34:18 e-mail which was received by council members this morning

11:34:22 from the civic association indicating that they were

11:34:26 concerned that they had not received notice of this

11:34:28 particular petition.

11:34:30 Full actual mailed notice was done but they are not one of

11:34:33 the associations within the range of this particular

11:34:35 establishment to have received notice.

11:34:38 I just wanted to make sure that was clear for the purposes




11:34:41 of the record.

11:34:41 Thank you.

11:34:43 >>CHARLIE MIRANDA: Petitioner?

11:34:47 >> David Singer for the applicant.

11:34:50 This has been the subject of a lot of attention from a lot

11:34:54 of different city departments over the past year.

11:34:57 Hopefully, the positive contribution by council, experts and

11:35:06 financial as well.

11:35:07 Everyone worked hard to get here.

11:35:08 Over the past year.

11:35:09 And this compromise plan is reasonable and agreeable to both

11:35:15 parties, and frankly, the two sides over the course of the

11:35:20 year haven't agreed on much.

11:35:22 But we agreed on this as we get here today.

11:35:26 I think the most pertinent point as Mrs. Coyle pointed out

11:35:30 between first and second reading is that there's no parking

11:35:33 waiver being requested.

11:35:34 Any impact on traffic or parking has been 100% accounted

11:35:38 for.

11:35:39 Than in the site plan.

11:35:41 And this illuminates the concern previously raised by

11:35:45 neighbors and by this council.

11:35:46 The change was made now between first and second reading.

11:35:50 Further, it brings into code complains an establishment that

11:35:52 is currently operating with a parking deficiency.




11:36:02 I want to point out alcoholic beverages are already sold on

11:36:04 this site.

11:36:05 Now at proving a new alcoholic beverage establishment.

11:36:07 But you are adding potentially with approval liquor to the

11:36:10 tapes of beverages that are being sold.

11:36:15 I don't want to belabor this, and I don't want to get into

11:36:19 the details of the litigation unnecessarily.

11:36:24 But hopefully, we will confirm an agreement today.

11:36:27 If we don't, in addition to there being exposure for the

11:36:32 city, there is the issue of resources necessary to continue

11:36:36 the litigation.

11:36:38 We feel decently confident that whichever party were to not

11:36:43 prevail in the equal protection claim would appeal, both

11:36:48 because of the damages of that usual you and the fact that

11:36:50 if any damages are awarded to the plaintiff, then they

11:36:54 automatically recover attorneys fees and costs.

11:36:58 Additionally, we feel decently competent that whichever

11:37:01 party loses, the petition for the writ of cert he would also

11:37:05 appeal given the mag Todd of the issue.

11:37:09 However, this revised site plan resolves the matter in a way

11:37:16 that the previously prevented site plan -- presented site

11:37:19 plan, on the previous hearing, back in January of last year,

11:37:22 did not.

11:37:26 It's much more compliant with the code than what was

11:37:28 previously presented.




11:37:30 It concludes the litigation without continuing the drain on

11:37:34 the city's resources, and you can allocate those resources

11:37:39 to other pressing matters.

11:37:42 Approval of this site plan and settlement will not set the

11:37:45 type of precedent that this council has expressed concern

11:37:48 over, specifically the establishment would be operating with

11:37:53 no parking waiver on Howard Avenue.

11:37:57 And that's pretty rare.

11:38:01 It is our hope that you will look favorably on all of the

11:38:04 time and the energy and the resources and the cooperation

11:38:08 that ultimately went into getting us here today.

11:38:11 And we ask for your approval on second reading.

11:38:14 >>CHARLIE MIRANDA: Thank you very much.

11:38:14 Mrs. Mulhern.

11:38:15 >>MARY MULHERN: Mr. Sungar, how is it that you have

11:38:20 eliminated the need for a parking waiver?

11:38:24 >> I will ask Ms. Coyle and Ms. Mandell fish they would like

11:38:28 to speak first.

11:38:30 >>CHARLIE MIRANDA: I want to reserve.

11:38:31 I have got a full house here, and they have already

11:38:33 testified.

11:38:35 >>MARY MULHERN: Right.

11:38:37 Have you reduced the says of the area?

11:38:40 >> We went through, and I would let Mrs. Coyle explain.

11:38:44 >> Can you just answer that one question?




11:38:46 Have you reduced the says of the area that you are asking

11:38:50 for the permitting?

11:38:51 >> No.

11:38:53 >>CHARLIE MIRANDA: Ms. Coyle, do you want to bring it up, or

11:38:55 Ms. Mandell?

11:38:58 >>PETE COWELL: Through the design exception process, they do

11:39:00 meet the code criteria for off-site parking with leases and

11:39:06 additional crosswalk, and they also provided a parking study

11:39:09 for the minor overlap and hours for uses on-site which they

11:39:15 took pictures of and counted parking spot for the one-hour

11:39:18 overlap that happens a couple days during the week.

11:39:21 And all of those conditions are tied to the design exception

11:39:25 and that is tied to the special use permit.

11:39:28 So if at any time it falters for enforcement purposes, the

11:39:31 special use plan is in jeopardy, frankly.

11:39:35 >>MARY MULHERN: All right.

11:39:36 >> And part of this was a reduction in the hours of the

11:39:44 establishment in the earlier hours, is that that overlap

11:39:47 between uses that exist on the site, on the uses that exist

11:39:51 on the site, and this particular use now when we have an

11:39:55 hour overlap so they were able to demonstrate that the

11:39:57 parking that is on-site is sufficient to accommodate all the

11:40:01 uses on-site, with the exception of a few extra spots that

11:40:04 were necessary on the outside parking.

11:40:06 >>MARY MULHERN: I just heard two different things.




11:40:10 You are saying they have on-site parking.

11:40:13 And saying they have leases.

11:40:15 They have both.

11:40:16 >>MARY MULHERN: On-site parking --

11:40:18 >> That's exactly what Mrs. Coyle just described, and if

11:40:24 they use the earlier hours that they have right now to a

11:40:27 start at 5:00, and since --

11:40:29 >>MARY MULHERN: Without the lease?

11:40:31 >> No.

11:40:32 They don't need the leases to be totally without the need

11:40:34 for a waiver.

11:40:35 But part of their ability to demonstrate that on-site --

11:40:41 part of this is the ability to demonstrate --

11:40:45 >>MARY MULHERN: That's sufficient.

11:40:46 But don't go away because I am trying to get this done

11:40:48 quickly.

11:40:49 I was going to ask for Mrs. Kert but you can probably answer

11:40:51 this for her.

11:40:52 I don't know.

11:40:53 But we have been told over and over again that those leases

11:40:55 are not enforceable.

11:40:59 >>JULIA MANDELL: No.

11:41:00 Let me take a step back on.

11:41:01 That because it has been an issue over time.

11:41:03 The leases, if they are used, should justify a waiver are




11:41:11 not enforceable.

11:41:12 It's the utilization through the design exception because

11:41:15 they run with those properties.

11:41:17 >>MARY MULHERN: Thank you.

11:41:17 That explains it.

11:41:19 Mrs. Coyle, then I had another question for you.

11:41:28 Because we denied this on second reading, and I believe that

11:41:33 I made the motion, is that correct?

11:41:36 Because we don't have the backup from our original decision.

11:41:39 I don't.

11:41:39 >> You made the motion.

11:41:42 >>MARY MULHERN: I made the motion, and I think there were a

11:41:44 number of other questions, and that's what I would like to

11:41:47 ask if somebody has at least the motion of some denial from

11:41:52 the second reading that you could read to us.

11:41:55 >> I don't have it.

11:42:06 >>MARY MULHERN: We are being asked to approve this

11:42:09 settlement, and we need to know what the changes are.

11:42:13 >>JULIA MANDELL: If you would like to do No about the

11:42:19 denial for second reading, I have that up in my office and I

11:42:21 would be happy to go up and get it if you would like to

11:42:24 continue and see if there's any member of the public that

11:42:26 would like to speak, I can go get there.

11:42:29 >>MARY MULHERN: Before we vote.

11:42:30 Thanks.




11:42:31 Before you do.

11:42:37 >>YVONNE CAPIN: I think I can clarify this.

11:42:39 I'm the one that changed my vote.

11:42:40 >> It is correct you did change your vote.

11:42:44 >>YVONNE CAPIN: Pertaining to the parking.

11:42:47 >> The reasons for why you changed your vote absolutely are

11:42:51 related to the parking as that being your issue for your

11:42:54 vote change, which is --

11:42:59 >>YVONNE CAPIN: How we got where we are today.

11:43:01 And just to clarify -- and I hope that helps Mrs. Mulhern,

11:43:06 because that's why the vote went -- it was my change of

11:43:10 vote.

11:43:10 But also that is the design exception, which is enforceable

11:43:16 parking, is enforceable, and in my estimation clarifies that

11:43:24 parking issue.

11:43:26 But I just wanted to add that that was the vote that

11:43:29 changed, was main.

11:43:31 >>CHARLIE MIRANDA: Thank you very much.

11:43:31 I believe Mrs. Mulhern has the motion.

11:43:34 >>MARY MULHERN: I have the motion but I just needed this.

11:43:38 And I will refer to it when we vote.

11:43:41 >>CHARLIE MIRANDA: This is a public hearing.

11:43:42 Anyone in the public care to speak on this item number 35,

11:43:45 please come forward.

11:43:46 Item number 35.




11:43:47 35.

11:43:47 Pleas come forward.

11:43:48 >> My name is Juliet Malzahn, west Azeele street.

11:44:02 My driveway is in an alley behind this.

11:44:07 We have had a lot of problems with people in the alley from

11:44:10 this establishment who are urinating, and even having being

11:44:14 sex in the alley, and there's a back door where a lot of

11:44:18 people come in and out of the kitchen.

11:44:21 And people parking in the alley as well.

11:44:24 So I would go against increasing their permit.

11:44:28 >>CHARLIE MIRANDA: Thank you very much.

11:44:28 Anyone else in the audience care to speak on this item, item

11:44:31 number 35?

11:44:32 >> Move to close.

11:44:36 >>CHARLIE MIRANDA: Well, we have rebuttal.

11:44:38 Counselor?

11:44:39 >> David Singer for the applicant.

11:44:41 A couple things to be clear.

11:44:43 There are a fair number of reductions of what is allowed

11:44:46 understood this new plan, compared to what they are

11:44:49 currently allowed.

11:44:50 Currently they are allowed live music and amplified music

11:44:53 all the way to 3 a.m.

11:44:55 We are reducing the live music to 11 p.m.

11:44:58 We are adding at our own expense security officers,




11:45:01 hopefully to address the exact type of issue that the woman

11:45:06 who spoke now just raids.

11:45:08 We are eliminating the parking deficiency on the site.

11:45:12 We are shall voluntarily limiting a good portion of the

11:45:18 hours that we are allowed to operate.

11:45:21 This is a very condensed set of approvals that you would be

11:45:26 granting here, compared with what is currently allowed

11:45:29 on-site.

11:45:31 So I hope you will take that into your consideration and

11:45:35 approve the plan.

11:45:38 >>CHARLIE MIRANDA: Ms. Capin or Ms. Mulhern?

11:45:40 I just want to take a vote.

11:45:42 Let's go.

11:45:44 I had a motion to close but if you want to speak I am going

11:45:46 to hold it.

11:45:48 >>MARY MULHERN: I think I need to speak before we close.

11:45:51 I'm sorry.

11:45:51 I thought I would just say this when we voted.

11:45:53 But I think it's more important that I say this before we

11:45:56 close, because I'm not going to be able to support this

11:46:03 settlement because -- for the reasons that I made the

11:46:08 motion, and we denied this in the first place.

11:46:11 The parking was only a part of it.

11:46:14 And so I am going to read into the record why I made the

11:46:19 motion and we voted to deny this.




11:46:24 On the second reading.

11:46:27 And this is given to me from the clerk.

11:46:31 Move to deny, that said special use permit for alcoholic

11:46:35 beverages, sales, be denied based on, one, the waivers being

11:46:40 requested and as discussed at the first reading of the

11:46:44 ordinance; two, the inconsistencies with section 27-132,

11:46:52 distance separation from residential uses, and 17 other

11:46:57 alcoholic beverage establishment.

11:46:59 This is what I want to elaborate on a little bit.

11:47:03 When we denied it, part of the waivers were for two

11:47:07 different distance separations, one from residential uses,

11:47:11 as we have heard from one of the neighbors just now, with

11:47:14 her problems, and the other was from the other 17 other

11:47:20 alcoholic beverage establishments within the distance

11:47:24 separation requirement.

11:47:25 Then there was the parking.

11:47:27 I won't talk about that since they have satisfied that to

11:47:30 our code.

11:47:32 The other reason was inconsistencies with 27-283-2,

11:47:37 increased use intensity to surrounding neighborhoods, and

11:47:42 inconsistencies with, and intensity includes the later hours

11:47:47 and the addition of alcohol, in addition to beer and wine.

11:47:53 Then inconsistencies with 27-129, general standards, that

11:47:56 the use will not establish a precedent or encourage more

11:48:00 intensive or incompatible uses in the surrounding area.




11:48:03 I don't think there's anyway that we can now allow this, and

11:48:07 then be able to rely on these reasons for denying anything

11:48:11 in the future if we are saying just going back on the

11:48:14 reasons that we denied it.

11:48:17 >>CHARLIE MIRANDA: Any other council members?

11:48:18 Councilor, you have the right for rebuttal on that issue.

11:48:22 >> Mark Singer: I would like to reiterate we are not adding

11:48:29 a new establishment.

11:48:31 The establishment already exists.

11:48:33 So the addition of liquor should not impact the other 17

11:48:36 establishments' ability to operate, operate successfully,

11:48:40 and frankly would not set the tape of precedent that I think

11:48:43 you are looking to avoid, which is to increase the number of

11:48:46 establishments already in the district.

11:48:48 That doesn't do that.

11:48:50 The only thing that does is allow the applicant to serve

11:48:54 liquor in a place where he already serves beer and wine, in

11:48:57 a district that is already surrounded by establishments that

11:49:00 serve liquor.

11:49:01 So I just want to be clear that we are not adding a new

11:49:04 establishment.

11:49:05 And I think that's critical to what you just addressed.

11:49:10 The other establishments, frankly, will remain that already

11:49:14 have the distance issue but do not meet code.

11:49:18 Within 50 feet of this establishment.




11:49:20 It doesn't meet the distance.

11:49:22 McDinton's within 2700 feet of this establishment, it

11:49:26 doesn't meet the distance waiver.

11:49:28 So by voting to deny this settlement, prolonging this

11:49:32 litigation, not allowing this applicant to serve liquor, is

11:49:35 not going to solve the distance usual you that some of these

11:49:39 residents do have.

11:49:40 And this establishment, this applicant will continue to

11:49:42 operate serving beer and wine.

11:49:47 So I hope that may address some of the concerns.

11:49:48 >>MARY MULHERN: It doesn't address my concern because I'm

11:49:52 not talking about the ones that already have existing.

11:49:56 I'm talking about in the future when similar establishments

11:49:58 that are just selling beer and wine come to us and ask for

11:50:02 the liquor and ask for these waivers.

11:50:04 That's the precedent for in the future.

11:50:10 >>CHARLIE MIRANDA: Just for the record say your name,

11:50:11 please.

11:50:12 >> David Singer.

11:50:13 >>CHARLIE MIRANDA: Thank you very much.

11:50:16 I have a motion to close by Mrs. Montelione.

11:50:18 Seconded by Mr. Reddick.

11:50:19 Any further discussion by council members?

11:50:21 All in favor of the motion to close please signify by saying

11:50:23 aye.




11:50:25 Opposed?

11:50:26 The ayes have it unanimously.

11:50:27 Who wants to read the ordinance? Right side.

11:50:29 Mrs. Capin.

11:50:34 >>YVONNE CAPIN: An ordinance being presented for second

11:50:35 reading and renoticed public hearing scheduled to

11:50:39 consider -- let me start over -- an ordinance repealing

11:50:43 ordinance 207 -- 2007-163 approving a special using permit

11:50:49 S-2 for alcoholic beverage sales, small venue, consumption

11:50:52 on premises only, and making lawful the sale of beverages

11:50:55 regardless of alcoholic content, beer, wine and liquor, on

11:50:59 that certain lot, plot or tract of land located at 410 South

11:51:04 Howard Avenue, Tampa, Florida, and more particularly

11:51:07 described in section 3, that all ordinances or part of

11:51:11 ordinances in conflict are repealed, providing an effective

11:51:13 date.

11:51:13 >> Second.

11:51:16 >>CHARLIE MIRANDA: I have a motion by Mrs. Capin, seconded

11:51:18 by Mr. Suarez.

11:51:19 Roll call vote.

11:51:20 Vote and record.

11:51:28 >>THE CLERK: Motion carried with Mulhern and Miranda voting

11:51:31 no.

11:51:33 >>CHARLIE MIRANDA: We go to item number 36.

11:51:35 And this item, I have noticed a family member and I have




11:51:40 signed a document given by our counselor.

11:51:43 Would you kindly read that into the record, sir?

11:51:45 >>MARTIN SHELBY: Yes, sir.

11:51:46 You are failing form 8-B on file number AB-2-14-02, that

11:51:55 Miranda represents petitioner and therefore you are object

11:51:58 staining from voting.

11:52:00 >>CHARLIE MIRANDA: Yes, sir.

11:52:00 And I do have to leave to city matters.

11:52:03 On 36 I will not be voting on it.

11:52:05 And I will be back about 1:30, if you take a recess.

11:52:12 You have nine minutes.

11:52:14 >>GLORIA MOREDA: Land development.

11:52:14 >>HARRY COHEN: Before you start, let me just poll the

11:52:19 council members.

11:52:20 We are on item number 36.

11:52:23 We can start it now and get as far as we can.

11:52:26 I don't know what people want.

11:52:30 >>MIKE SUAREZ: May I make a suggestion that we clear our

11:52:33 committee reports now, and at unanimous tab a break and come

11:52:38 back at 1:30 to start up on 36?

11:52:41 >>FRANK REDDICK: I would appreciate that, because I read

11:52:44 somewhere where petitioners want an additional five minutes,

11:52:49 and that's it seems like we have quite a few people in the

11:52:55 audience.

11:52:55 >>HARRY COHEN: I think that's right.




11:53:01 Mrs. Mulhern, can you come back?

11:53:03 >>MARY MULHERN: I probably have to leaf.

11:53:06 It doesn't matter but I would rather break and come back

11:53:09 than go long.

11:53:10 >>HARRY COHEN: Hearing that from council members, I think

11:53:13 we should take Mr. Suarez' suggestion, and go ahead and do

11:53:17 our committee report, and then we will break, and perhaps

11:53:23 since Mr. Miranda is not participating in that item, we can

11:53:26 come back a little earlier than 1:15.

11:53:31 Can we come back at 1:00?

11:53:34 Does that work for everybody? With that why don't we go do

11:53:37 our committee reports and then break for lunch?

11:53:40 We can make it 1:10.

11:53:45 Mr. Reddick, safety committee.

11:53:51 Ladies and gentlemen, we are still in session.

11:53:52 So if you don't mind.

11:53:53 >>MARTIN SHELBY: Just so council is aware, what time would

11:53:57 you reconvene?

11:53:59 >>HARRY COHEN: We will reconvene at 1:10.

11:54:02 >>MARTIN SHELBY: Thank you.

11:54:03 >>FRANK REDDICK: Thank you.

11:54:07 Move items 12 through 14.

11:54:09 >> Second.

11:54:09 >>HARRY COHEN: Motion by Councilman Reddick, seconded by

11:54:15 Councilman Mulhern.




11:54:20 All right.

11:54:20 Mrs. Mulhern, parts, recreation, culture committee shall.

11:54:24 >>MARY MULHERN: I move items 15 through 19.

11:54:27 >>FRANK REDDICK: Second.

11:54:28 >>HARRY COHEN: Seconded by Councilman Reddick.

11:54:30 All those in favor please indicate by saying aye.

11:54:32 Opposed?

11:54:34 All right.

11:54:34 Public Works Committee.

11:54:35 Mike Suarez, chair.

11:54:37 >>MIKE SUAREZ: I move items 21 and -- 20 and 21.

11:54:46 >>FRANK REDDICK: Second.

11:54:46 >>HARRY COHEN: All those in favor please indicate by saying

11:54:49 aye.

11:54:50 Opposed?

11:54:51 Mr. Suarez, would you also take items 22 and 23?

11:54:55 >>MIKE SUAREZ: Yes.

11:54:56 I move items 22 and 23.

11:54:57 >>FRANK REDDICK: Second.

11:54:59 >>HARRY COHEN: Seconded by Councilman Reddick.

11:55:01 All those in favor please indicate by saying aye.

11:55:04 Opposed?

11:55:06 All right.

11:55:06 Mrs. Capin, would you please take building, zoning and

11:55:09 preservation?




11:55:11 >>YVONNE CAPIN: I move items 24 through 30.

11:55:13 >> Second.

11:55:14 >> Okay.

11:55:18 >>MARTIN SHELBY: I'm sorry.

11:55:19 I want to be clear that number 26 was removed from the

11:55:22 agenda?

11:55:23 >> It was.

11:55:23 >> So that motion was made without item number 26 being

11:55:27 included for the record.

11:55:31 We have a motion by Councilman Capin, seconded by Councilman

11:55:35 Reddick.

11:55:35 All those in favor?

11:55:37 Opposed?

11:55:37 And finally, transportation committee, Councilwoman Capin.

11:55:41 >> Move item 31 through 33.

11:55:44 >> Second.

11:55:44 >> Okay.

11:55:46 We have a motion from Councilwoman Capin, seconded by

11:55:49 Councilman Suarez.

11:55:50 All those in favor please indicate by saying aye.

11:55:52 Opposed?

11:55:53 All right.

11:55:53 Can we go ahead and have a motion to set the hearing in item

11:55:57 number 34?

11:55:59 >> So moved.




11:56:00 >> Second.

11:56:00 >>HARRY COHEN: Motion by Councilman Suarez, seconded by

11:56:04 Councilman Reddick to set a review hearing for March 6th at

11:56:08 10:30 a.m., item number 34.

11:56:10 All those in favor indicate by saying aye.

11:56:12 Opposed?

11:56:14 All right.

11:56:15 So we are going to reconvene at 1:10 and we will start with

11:56:18 item number 36.

11:56:23

11:56:25 >>(City Council Recess)

11:56:27

11:56:27 >>HARRY COHEN: Good afternoon everyone.

01:18:31 Tampa City Council is back in session.

01:18:34 Before we begin, just a couple of items.

01:18:36 First of all, can we have roll call, please?

01:18:39 >>MIKE SUAREZ: Here.

01:18:41 >>YVONNE CAPIN: Present.

01:18:42 >>FRANK REDDICK: Here.

01:18:44 >>HARRY COHEN: Here.

01:18:45 >>LISA MONTELIONE: Here.

01:18:49 >>HARRY COHEN: Can I please have a motion to receive and

01:18:52 fail all documents that have been available for public

01:18:54 inspection?

01:18:55 We have a motion from Councilwoman Montelione, seconded by




01:18:57 Councilman Suarez.

01:18:58 All those in favor please indicate by saying aye.

01:19:01 Opposed?

01:19:04 Just to reiterate, we have item number 36 through 46 that

01:19:10 are open right now, public hearings.

01:19:12 Anyone who thinks that they are going to speak on any of

01:19:15 those items, if you have not been sworn in, please be sworn

01:19:19 in now.

01:19:20 Anyone.

01:19:21 Is there anyone that wasn't sworn before lunch that intends

01:19:24 to speak on any of the items on our agenda this afternoon?

01:19:38 (Oath administered by Clerk).

01:19:44 >>HARRY COHEN: Thank you.

01:19:44 One last item before we begin.

01:19:46 And this does relate to item number 36.

01:19:49 We did receive a request from the opposition to this

01:19:53 petition for an additional five minutes of time.

01:19:56 I would like to ask the petitioner if they have any comment

01:20:01 on that request, if they have any position on it, if they

01:20:04 wish the same courtesy, and then it will be up to council to

01:20:07 decide how to proceed.

01:20:08 >> Vic DiMaio for the petitioner.

01:20:13 Yes, I would like a point of order on that, because we get

01:20:16 20 minutes, correct?

01:20:17 We have 15 own-15 and 5 or 10 and some.




01:20:22 >>CHARLIE MIRANDA: N.

01:20:22 >> Mr. Shelby?

01:20:24 >>MARTIN SHELBY: Normally per your rules, the time limits

01:20:27 that are -- 15 minutes for your case in chief and five

01:20:34 minutes for rebuttal.

01:20:35 If you wish to ask for -- if that serves you, you can make

01:20:41 that request to council.

01:20:42 Sometimes, council entertains that request.

01:20:45 They determine whether or not they wish to have you yield

01:20:48 your extra time towards the end.

01:20:50 Sometimes council has, sometimes they haven't, depending

01:20:53 on --

01:20:53 >> Right.

01:20:54 So the other option will be if we get 15 and 5 and Ms.

01:20:58 Grimes gets 8, we get 8 on rebuttal, can we get 15 and 8?

01:21:04 >>HARRY COHEN: May I make a suggestion? Reserve an extra

01:21:11 five minutes on the end for rebuttal and let's go ahead and

01:21:14 get started and allow the opposition the time they have

01:21:17 asked for.

01:21:17 >>MIKE SUAREZ: If I could ask Mr. Shelby, in terms of the

01:21:25 folks being represented by council, specifically the

01:21:27 University of Tampa, this is an unusual request considering

01:21:31 how we usually handle land use hearings concerning people

01:21:35 who might have opposition to a particular land use

01:21:40 application.




01:21:40 >>MARTIN SHELBY: Very good question, Mr. Suarez.

01:21:43 As a matter of fact, your rules actually discuss that, and

01:21:47 if I can just read it just so the record is clear, rule 6-B

01:21:51 does state requests for additional time may only be granted

01:21:54 if the participants making the request establishes to the

01:21:57 satisfaction of council that additional time is necessary to

01:22:00 afford procedural due process.

01:22:02 Council members shall, by majority vote, grant or deny the

01:22:06 request and determine the additional time necessary, if any.

01:22:10 In the event that a participant in a quasi-judicial public

01:22:13 hearing is given additional time to make a presentation,

01:22:15 then the petitioner may request additional time for purposes

01:22:18 of rebuttal as necessary to afford procedural due process.

01:22:22 So I believe it would be appropriate at this point for you

01:22:25 to hear from the person requesting the additional time,

01:22:28 and --

01:22:30 >>MIKE SUAREZ: The reason I'm asking is typically if we

01:22:32 have a neighborhood that is in opposition, and someone

01:22:35 reserves their time, they get an extra minute for someone

01:22:38 making the presentation, obviously the university as an

01:22:41 entity is not going to do that, so that's why it's a little

01:22:46 more of a different situation than we are typically used to.

01:22:49 >>MARTIN SHELBY: Frankly, actually, I have been presented

01:22:52 with a speaker waiver form by Gina Grimes with six

01:22:56 additional names, which understood your rules would allow




01:23:00 six additional minutes on top of her three.

01:23:02 So it appears that what she will be requesting -- and I

01:23:06 don't want to speak for her, it would be appropriate to hear

01:23:09 from her -- it appears she's requesting nine minutes plus

01:23:12 five, and I believe that five is going to be yielded to

01:23:15 another speaker which I believe the university has engaged.

01:23:19 You might want to hear from Mrs. Grimes herself.

01:23:22 >>HARRY COHEN: Why don't we do that?

01:23:24 >>GINA GRIMES: Hill, Ward, Henderson, 101 East Kennedy

01:23:26 Boulevard.

01:23:27 Our firm represents the University of Tampa.

01:23:29 Yesterday, we did forward to you all letters requesting

01:23:33 additional time and explained that the university as a

01:23:38 substantially affected party? Close proximity to the

01:23:41 subject site is entitled to due process, to present its

01:23:46 objections.

01:23:46 We asked for five additional minutes.

01:23:48 I also did mention at the end of the letter that we would be

01:23:51 presenting the speaker waiver forms and asking for some

01:23:55 additional time.

01:23:57 We weren't certain how many people we would have.

01:23:59 We only have enough people to get six additional minutes.

01:24:04 So I would have a total of nine.

01:24:06 Mr. LaRocca, our expert in planning and zoning analysis,

01:24:11 will use the extra five minutes if you were willing to grant




01:24:15 it.

01:24:15 >> Okay.

01:24:16 The only reason I'm bringing this up is because I don't want

01:24:19 to set a precedent for an entity to get and ask for an

01:24:23 additional time frame when we don't do that with our

01:24:25 neighborhoods.

01:24:26 And I would suggest that since she has a speaker waiver form

01:24:30 that she's allowed the amount that's put onto the speaker

01:24:34 waiver form, but nothing more.

01:24:36 That would be my suggestion.

01:24:37 >>HARRY COHEN: Okay.

01:24:39 >> At the same time then I would object to the petitioner

01:24:45 being able to modify his time so that he's using his time

01:24:52 inconsistent with what your rules provide.

01:24:54 >>MIKE SUAREZ: Hang on a second.

01:24:58 >>HARRY COHEN: One at a time.

01:25:00 And again, this is presented.

01:25:02 >> This is predicated on the fact that the petitioner would

01:25:05 TV same amount of time that every other petitioner usually

01:25:08 has.

01:25:08 So it is not an a downfall allowance, Mrs. Grimes.

01:25:13 I know what you said.

01:25:14 That is not what I was planning on doing.

01:25:16 So for me, he will have his presentation based on what we

01:25:22 usually do, and not any additional amount.




01:25:24 >>HARRY COHEN: My understanding -- and if the other members

01:25:28 want to go where Councilman Suarez is suggesting -- Mrs.

01:25:31 Grimes will use what's available to her on the speaker

01:25:34 waiver form and beyond that we'll not grant any additional

01:25:36 time to any party.

01:25:38 And if that is the will of council, I think the best thing

01:25:41 to do is to vote on that and then move forward.

01:25:43 >> Can I make --

01:25:47 >> I think that's not fair.

01:25:50 >>MIKE SUAREZ: Hang on a second.

01:25:51 Go ahead, Gina.

01:25:54 >>GINA GRIMES: Can I say one thing to distinguish?

01:25:57 I understand where you are coming from with the neighborhood

01:25:59 association and you have to understand the university is a

01:26:03 property owner in the vicinity.

01:26:06 A substantially affected party by this application.

01:26:08 And that's why we --

01:26:12 >>MIKE SUAREZ: Mrs. Grimes, the only point I want to make

01:26:14 is because our rules dictate that the amount of property you

01:26:18 all determine how much time you receive before council.

01:26:21 That would be a different situation.

01:26:23 I don't think it goes to that.

01:26:25 I may be wrong legally about that.

01:26:27 But my guess is that you are a property owner just like

01:26:30 anyone else would be, and that regardless of the amount of




01:26:33 land that you own, and where you are situated, it should not

01:26:37 make a difference based on that point.

01:26:41 >>GINA GRIMES: You made a comparison to a neighborhood

01:26:42 association which doesn't necessarily --

01:26:45 >>HARRY COHEN: Ladies, and.

01:26:47 >>MIKE SUAREZ: And I apologize.

01:26:49 >> The rule is very clear this matter is under the purchase

01:26:52 view of council.

01:26:52 We have a motion from Councilman Suarez.

01:26:54 I believe it was seconded by Councilman Reddick that we are

01:26:58 going to give the opposition the time that they have asked

01:27:01 for on their speaker waiver form that they have turned in,

01:27:05 and we are going to leave the rest of our rules, and let's

01:27:08 move on and get into the --

01:27:10 >> Point of order.

01:27:11 >> I have been here when there have been other people you

01:27:14 have given them eight minutes --

01:27:16 >> And we are going to give you plenty of time.

01:27:19 Can we please vote on the motion?

01:27:21 All those in favor of the motion, please indicate by saying

01:27:23 aye.

01:27:25 Opposed.

01:27:26 All right.

01:27:33 >>GLORIA MOREDA: Land development.

01:27:34 The case before you is AB 2-14-02, concerns property at 909




01:27:42 West Kennedy Boulevard.

01:27:44 The property is currently commercial general, and it

01:27:49 currently has an alcoholic beverage approval for a 2(COP-R).

01:27:55 The proposal before you is for a restaurant, beer wine

01:27:59 liquor on premise consumption only.

01:28:02 They are increasing the AB sales area to 2,668 square feet

01:28:09 inside, 734 square feet outside, for a total of 3402 square

01:28:16 feet.

01:28:17 The site plan that was reviewed and commented on this report

01:28:22 showed 19 off-street parking spaces, and the hours of

01:28:26 operation proposed are from Sunday through Saturday, 11 a.m.

01:28:32 to 3 a.m.

01:28:33 They are request requesting a number of waivers, waivers

01:28:36 from the nearest other AB establishments from 250 feet to

01:28:42 150.

01:28:43 The nearest residence will use the waivers from 250 to 177

01:28:49 feet.

01:28:50 They are asking for reduction of parking from 30 spaces to

01:28:54 19.

01:28:55 The allowance to use compact spaces from 65% to 69%, and to

01:29:05 allow access to a local street on Edison Avenue.

01:29:10 The applicant, as I said, there is an existing restaurant on

01:29:15 the property.

01:29:16 They are asking to increase the occupancy of what the former

01:29:21 restaurant was, and is considered a change of use.




01:29:25 The site plan -- or the property was inspected by the fire

01:29:30 marshal's office and has determined that there is 120-person

01:29:34 occupancy in the restaurant.

01:29:39 Land Development Coordination has indicated inconsistencies

01:29:42 with code for distance separation as well as the parking

01:29:46 regulations.

01:29:47 There are a number of site plan revisions that will need to

01:29:51 be made that are referenced.

01:29:54 Transportation also has identified the inconsistency with

01:29:59 the requirements related to parking, and the other code

01:30:03 requirements.

01:30:04 There are some site plan renovations that are also required.

01:30:11 Council had asked for information as related to transit

01:30:15 corridors.

01:30:16 And as you have this information provided in all the reports

01:30:21 that are before council today, Kennedy Boulevard in this

01:30:23 particular case is a transit emphasis corridor according to

01:30:30 the comprehensive plan.

01:30:31 Hart does run route 30 on this road, and it does have

01:30:38 drop-off and pickup up to 1 a.m.

01:30:45 In terms of the site, we have an aerial that shows the

01:30:52 location.

01:30:52 North Boulevard, the property is across North Boulevard to

01:30:55 the west, and it is CG zoning.

01:31:06 I have the photograph of the front of the property.




01:31:22 Properties across from Kennedy.

01:31:24 This is a picture of the nearest residential that is down

01:31:27 Edison Avenue.

01:31:29 The view of Kennedy looking east.

01:31:34 A view of Kennedy looking west.

01:31:37 And this is a view of Edison looking north.

01:31:44 The property has gone through some improvements.

01:31:46 They have added this outdoor seating area, as well as

01:31:51 renovation to the inside.

01:31:54 That has increased intensity of the use of the property and

01:31:58 does trigger the requirement to satisfy offstreet parking

01:32:02 requirements.

01:32:02 >>LISA MONTELIONE: Mrs. Moreda, in the staff report, it

01:32:07 says that the current AB sales permit is for indoor only.

01:32:13 Is that what you just pointed out?

01:32:18 >> No, renovation to the property.

01:32:20 It is going to be an expanded area where alcohol --

01:32:25 >>LISA MONTELIONE: And they are not serving in that portion

01:32:26 of the property currently, are they?

01:32:31 Okay.

01:32:32 We can only hope.

01:32:33 >> Officer Don Miller, City of Tampa police department.

01:32:47 Tampa police have no objection to this special 2 request.

01:32:52 >>HARRY COHEN: Petitioner.

01:32:54 >> Again, Mr. DiMaio for the petitioner, Independence




01:33:01 Parkway.

01:33:03 Going back to the ten and ten thing, can we do the ten and

01:33:07 ten thing?

01:33:08 >> I think we are sticking to our regular rules, 15 and 5.

01:33:11 Go ahead.

01:33:11 >> Okay.

01:33:13 All right.

01:33:14 I want to go through this process to explain to you -- my

01:33:18 name is Victor DiMaio.

01:33:21 I want to introduce the team.

01:33:22 I want to introduce Rus Uno, university of Tampa grad,

01:33:29 baseball team, won the national championship, university of

01:33:32 Tampa, and the other Tampa grad, Michael --

01:33:41 >>HARRY COHEN: Mr. DiMaio, you need to stay at the Mike.

01:33:46 Otherwise the clerk can't capture what you are saying.

01:33:49 >> He's the managing partner of the restaurant.

01:33:51 I have got Charlie Allen.

01:33:53 And Scott scooter Corton.

01:33:58 Those are the four owners.

01:34:00 The owner of the property, Terrence Moore.

01:34:06 And the other part of the team, I have Michael Hunterson and

01:34:10 surveyor and myself.

01:34:12 We have another member, Frank Miranda, he's our legal

01:34:16 adviser.

01:34:18 For the Outpost.




01:34:20 I want to go over this map so that you understand where we

01:34:24 came from.

01:34:25 This is looking at a survey done by Michael.

01:34:28 It shows off Kennedy Boulevard, and it shows an entrance off

01:34:33 of Edison.

01:34:34 And we also had at that time, we had enough parking spots,

01:34:40 we had about 25 parking spots.

01:34:43 Now, because we went to the city, and the city had changes

01:34:49 to satisfy the requirements, we lost five parking spots of

01:34:53 the 25 we had.

01:34:54 We are down to 19.

01:34:55 We'll get to 20 here.

01:34:57 But we lost these four spots overhear.

01:35:00 And because the dumpster was on the side of the building,

01:35:03 before, they have asked us to do it up here which is what

01:35:06 the second site plan is all about.

01:35:11 What we have done to satisfy the city requirements is we

01:35:14 have continued the sidewalk all the way down to Kennedy to

01:35:17 make it more pedestrian friendly.

01:35:21 They asked us to do a full concrete apron for the entrance

01:35:24 off of Edison, and then landscaping the grass area, and of

01:35:28 course we have gone to considerable expense to do the red

01:35:33 brick and concrete trim, that if you know from the bridge

01:35:37 all the way down to the railroad tracks and beyond, that's

01:35:39 part of the Kennedy overlay district.




01:35:42 Architectural, you know, looked, they want to go for it.

01:35:46 So that's why you see the red brick, and concrete there.

01:35:50 On this plan, Michael refigured, we had 65, to actually get

01:36:05 down to about a 30%, I think it was.

01:36:08 You see, we changed the configuration so we don't need the

01:36:12 waiver for the parking between the compact spaces and the

01:36:19 full spaces.

01:36:21 So I do want to address the waivers themselves.

01:36:26 And one of the things before I do that, I want to show you

01:36:28 the interior, because you can't tell from the outside what

01:36:33 the bar looks like.

01:36:34 And I want to reemphasize the fact that this is really a

01:36:37 neighborhood family restaurant.

01:36:40 We do service the University of Tampa, that's true.

01:36:45 But we have people come from Davis Island, Harbor Island,

01:36:48 Hyde Park.

01:36:48 You heard from different people from the Hyde Park alliance

01:36:53 who support our petition.

01:36:58 Here is another view from the inside of the restaurant.

01:37:02 It's been several hundred thousand dollars fixing up the

01:37:07 restaurant that used to be, you know, Mr. T's, and then

01:37:11 Frankies, and now became Tampa Outpost several months ago.

01:37:15 And the outside, you are looking at the front here.

01:37:18 You will see the fact that it's all asphalt.

01:37:21 There's no red brick trim that you see up and down Kennedy




01:37:24 from the bridge all the way to Armenia.

01:37:26 And also on the side view, you will also see what it would

01:37:31 be like, what it is now, pretty much an asphalt jungle, and

01:37:38 about $100,000, and this would be on Kennedy, improvements

01:37:45 done to the property itself.

01:37:48 And it did increase the outside.

01:37:50 I don't know if you can see this.

01:37:54 To answer your question, Councilman Montelione, we don't

01:37:59 serve alcohol outside.

01:38:01 It's dry outside right now.

01:38:03 Right now this restaurant just has a beer and wine license

01:38:06 since 1983.

01:38:08 For 31 years this place has had an alcohol beverage lie

01:38:12 accepts.

01:38:13 31 years.

01:38:14 And all we are asking for, the owners have come in, there

01:38:16 has been a little ten foot porch in the front, allow people

01:38:19 to go outside and enjoy the weather, and allow for more

01:38:23 seats.

01:38:24 The other thing in addition to that is currently they comply

01:38:30 about 35, 40 people, with the front added on, we can employ

01:38:33 an additional 15 or 20 people, provide some more employment

01:38:37 for the neighborhood.

01:38:44 To address the four waivers once again, this is from other

01:38:51 AB establishments, across the street is the he had you son




01:38:54 restaurant.

01:38:55 And you can go up and down Kennedy.

01:38:57 The other was granted full liquor.

01:38:59 In a city that's 150 years old, there's no exact perfect

01:39:03 place.

01:39:03 There's always going to be an issue with that.

01:39:05 So being 150 feet --

01:39:08 >> Let me interrupt.

01:39:10 Councilman Capin.

01:39:12 >>YVONNE CAPIN: Could you put the drawing back up that shows

01:39:14 the porch?

01:39:16 Okay, where is the porch on there?

01:39:18 Point to that.

01:39:19 >> This is the front porch.

01:39:21 This is the restaurant.

01:39:22 >> You said about 15 people: I counted 44.

01:39:26 >> No, I'm talking about employees, service people.

01:39:30 >>YVONNE CAPIN: Okay.

01:39:30 I'll wait for you to address the parking when you said you

01:39:35 would have more explanation.

01:39:38 Thank you.

01:39:38 >> Yes.

01:39:39 >> So the restaurant which he's the one that developed that

01:39:48 property.

01:39:49 He will speak to that in a minute.




01:39:50 Residential that's behind our restaurant on the back corner,

01:39:54 there's an old house that some students live on.

01:39:56 It says 250 feet.

01:39:57 It's 177 feet.

01:39:59 So we are short there.

01:40:04 The parking spaces -- and because they have asked us to

01:40:07 permanently close the Kennedy entrance, and keeping with the

01:40:11 Kennedy overlay district guidelines, they actually would

01:40:16 prefer that we not back people coming up Kennedy, that's a

01:40:21 side street, and to use Edison.

01:40:23 So these are really not major waivers.

01:40:25 To be able to use Edison to exit and enter the property as

01:40:28 opposed to Kennedy.

01:40:31 Of course, the last one is -- and I could show you, well,

01:40:35 this is the last, and because we reconfigured, we got an

01:40:41 extra parking spot so it goes from 19 to 20 which is really

01:40:45 what we can squeeze in there, and we don't need as much of

01:40:49 the percentage that we need.

01:40:50 I would like to turn the mike over to the owner of the

01:40:53 property, and he would like to say a few words, if you don't

01:40:56 mind.

01:40:56 >> Good afternoon, ladies and gentlemen.

01:41:01 I am Terrence S. Moore.

01:41:03 I am the owner of the property.

01:41:05 My address is 1013 South Dakota in Tampa.




01:41:09 My wife and I bought this property back in 1997.

01:41:13 There was nothing there back then to speak of.

01:41:16 None of these businesses that are there now were there.

01:41:19 It was kind of a jungle back then.

01:41:21 We bought it.

01:41:22 I take great pride in what my wife and I have done for the

01:41:25 City of Tampa.

01:41:26 We have remodeled a number of buildings, not just this one.

01:41:29 The one across the building.

01:41:31 You may have heard of the Edison Lab.

01:41:33 We bought that building about 12 years ago when was full of

01:41:38 rats and syringes, and we improved to the what it is

01:41:41 architecturally today.

01:41:43 A number of other buildings as well.

01:41:44 And I take great pride in these buildings, and great prayed

01:41:48 especially in what these folks have done with this building.

01:41:52 Mrs. Montelione, I want to assure you, I go to that building

01:41:55 a lot.

01:41:56 There are signs up that say no drinking on the porch, and

01:41:59 they enforce them.

01:42:01 And now what they want to do, I encourage council's

01:42:06 flexibility here, is use the highest and best use of those

01:42:09 premises.

01:42:09 And it is two things.

01:42:12 It is let them sell beer on the porch, the deck.




01:42:18 This is very important because it gives them a little more

01:42:20 space, and it's important to them to be able to make the

01:42:23 money they need to do the improvements that are they want to

01:42:25 do still, and also of course to have the 4(COP) zoning.

01:42:33 They are good tenants, good business owners.

01:42:35 They are very responsible.

01:42:36 The city has always, ever since we got involved in 1997,

01:42:40 talked about improving Kennedy Boulevard.

01:42:43 But it's folks like these that actually make it happen, that

01:42:46 actually come out of pocket with hundreds of thousands of

01:42:49 dollars to make it happen, and they are going to continue to

01:42:51 make it happen.

01:42:53 But they need to be able to have the flexibility, even

01:42:56 though they may not abide by strict adherence every single

01:43:01 one of these regulations, a little bit of flexibility will

01:43:04 go a long way in enabling them to continue to prosper there

01:43:08 and to continue to improve Kennedy Boulevard.

01:43:11 Now, I know from there are some concerns from the University

01:43:14 of Tampa and others about whether this will be wild and

01:43:17 crazy partying.

01:43:18 I have seen the letter from the University of Tampa.

01:43:21 When weighed the Edison center ten years ago we trade to get

01:43:24 it wet zoned back then, and the University of Tampa was in

01:43:27 with the same objections.

01:43:29 And it was denied.




01:43:32 And now City Council has gotten more enlightened.

01:43:35 I know that because the Edison lab, you all were enlightened

01:43:40 enough to say let's waive a little bit of that, let's let

01:43:44 these people have the highest and best use of their

01:43:46 property, I don't think they will turn it into a rowdy party

01:43:49 spot.

01:43:49 I don't know if you have been to the Edison lab but it is

01:43:51 not a wild crazy party spot.

01:43:54 It is a crown jewel in Port Tampa.

01:43:57 And also the Outpost will be as well.

01:43:59 They have great food.

01:44:00 They are responsible.

01:44:02 Let them have this highest and best use by giving them this

01:44:06 flexibility.

01:44:07 Also by granting this flexibility, you will encourage other

01:44:10 investors.

01:44:12 We have invested in a lot of buildings here in Tampa.

01:44:14 But I must say, our most recent investment was in another

01:44:17 city where they automatically give you wet zoning.

01:44:23 If you improved the downtown corridor in that city, you get

01:44:27 wet zoning automatically.

01:44:29 You don't even have to say please.

01:44:31 Okay?

01:44:34 Just spent over $2 million on a building in St. Petersburg,

01:44:38 now home of cocoa steak, and it was like that getting the




01:44:41 rezoning.

01:44:42 So if you want investors to continue to improve Kennedy

01:44:45 Boulevard, give them the flexibility, and do it in this --

01:44:50 with this petition.

01:44:51 These are good folks.

01:44:53 They are people that came to Tampa to come to school here,

01:44:55 they are good hard working people.

01:44:57 Grant them this flexibility so they can make the highest and

01:45:01 best use, so that when a man comes in with his wife and she

01:45:04 wants a glass of mine, he can have a Scotch and soda with

01:45:08 it.

01:45:09 It will enhance Kennedy Boulevard.

01:45:11 I urge you to do it.

01:45:12 If you have any questions of me, please feel free to ask.

01:45:15 >>HARRY COHEN: Councilwoman Capin.

01:45:20 >>YVONNE CAPIN: Thank you.

01:45:21 Diabetes you get a permit for extended hours?

01:45:24 Or did the business that opened?

01:45:26 Or did they just open the hours that are on code?

01:45:32 >> I do not know.

01:45:35 They are open till late at night.

01:45:36 They have a bar in there.

01:45:37 So I don't know if there's any restriction on that.

01:45:40 But in St. Pete, they just say, you're granted.

01:45:43 We want people to develop the downtown corridor.




01:45:45 And it's granted like that.

01:45:47 >> Granted to a certain hour and there are permits for

01:45:50 extended hours.

01:45:51 >> Oh, that could be.

01:45:53 >>YVONNE CAPIN: I was curious if you knew.

01:45:56 It's here nor there when it comes to this.

01:46:00 We have our own code.

01:46:00 >> And we are located very close to USF St. Pete, a stone's

01:46:04 throw away from it. Anyway, thank you all for your

01:46:07 attention.

01:46:07 I hope I have a assisted in your determination.

01:46:09 >> Starting with the Edison across the street, to the left

01:46:17 and right, up and down Kennedy, one by one, in 31 years that

01:46:23 this place has been beer and wine, you have granted wet

01:46:26 zonings to Ducky's two blocks away, to the bungalow, you

01:46:34 know, the retreat, on and on and on.

01:46:40 All these restaurants that we come petition with head to

01:46:42 head are full liquor.

01:46:44 And like I say, if you la at the menu in front of you now,

01:46:47 we have a children's menu.

01:46:49 So this is a family neighborhood restaurant.

01:46:52 It always has been and always will be.

01:46:54 These are not absentee owners.

01:46:57 These are guys that live and work here and they care about

01:46:59 the community like myself and they want to see this




01:47:02 successful and be successful.

01:47:03 And it has burgers and soup and that sort of thing.

01:47:09 So we appreciate you allowing us to come before you.

01:47:13 Can we reserve the last two and a half minutes on the tail?

01:47:23 Well, Mike is a managing partner.

01:47:25 >> Good afternoon.

01:47:26 My name is Michael John Stein, 6003 south noble Avenue,

01:47:33 managing partner of the Outpost.

01:47:34 On behalf of my partners and myself, I would like to give

01:47:37 you a better understanding of our purpose.

01:47:39 Since my graduation from university of Tampa in 2003, my

01:47:43 dream has always been to open my own restaurant.

01:47:45 After 15 years of working in this industry, my dream finally

01:47:49 came true when the least cape um for lease in 2008.

01:47:54 Finding a location, near my alma mater whats a blessing.

01:47:57 This summer we invested in and launched the Outpost in hopes

01:48:01 of bringing a casual, warm environment to the community.

01:48:04 While we do have an extensive beer selection, we would like

01:48:07 to emphasize the quality of our food, our friendly staff and

01:48:11 atmosphere.

01:48:11 We are a neighborhood restaurant and we cater to the young

01:48:13 professionals, sports enthusiasts and families in our

01:48:17 community.

01:48:17 Yes, we do serve staff and faculty from the university but

01:48:23 most come from downtown, government officials, and Harbor




01:48:26 Island, Hyde Park and everything in between.

01:48:31 Bruno, my business partner and myself, are both UT alums, so

01:48:36 it's important to have a strong relationship with the

01:48:38 university.

01:48:39 We have been sponsors with sports programs over six years.

01:48:44 I have spoken at business classes already this semester and

01:48:48 scheduled to speak at one next month.

01:48:50 We have worked with college organizations on campus and

01:48:53 hosted fund-raising for the charities.

01:48:57 I feel we are limited just to beer and wine.

01:49:02 Since my six years being a ten at that location I have seen

01:49:04 a lot of changes in the neighborhood, and all we are asking

01:49:07 for is a level playing field.

01:49:10 Our purpose for this petition is to make a good thing even

01:49:13 better.

01:49:13 We have a vision to enhance the property to maximize our

01:49:17 full potential, and to give the community an establishment

01:49:21 that will be here for the long run.

01:49:23 I cannot begin to count how many restaurants have opened and

01:49:26 closed in this area.

01:49:27 I believe there are several because they lacked this vision.

01:49:30 My 30 employees are just as anxious to hear the council's

01:49:34 decision as I am because.

01:49:38 I received almost 600 signatures, personal petitions that we

01:49:41 passed out at the restaurant.




01:49:43 I have it here with me if I can get it.

01:49:46 Please grant this petition and give us equal advantage as

01:49:51 our competitors.

01:49:55 We hope to grow and expand our business and put more Tampa

01:49:58 citizens to work.

01:49:58 I am proud of how far we have come.

01:50:03 Thank you very much for your time.

01:50:04 >>HARRY COHEN: Thank you very much.

01:50:06 Are there any additional questions or comments from council

01:50:08 members now?

01:50:08 Or shall we hear from Councilwoman Montelione?

01:50:13 >>LISA MONTELIONE: I have a couple of staff.

01:50:16 Land Development Coordination and transportation both find

01:50:19 the application inconsistent.

01:50:21 Gloria? Are you over there somewhere?

01:50:27 AH, there you are.

01:50:28 I didn't see you.

01:50:32 It appears that the reason that it was found inconsistent by

01:50:36 Land Development Coordination are three.

01:50:40 The distance separation that you mentioned.

01:50:43 The reduction in parking.

01:50:46 And parking spaces total.

01:50:49 And then also the reduction in regular spaces to compact

01:50:54 spaces.

01:50:54 >> That's right.




01:50:55 And transportation also identified the access to Edison.

01:51:03 >> Okay.

01:51:06 So I don't have a problem with the distance separation,

01:51:12 because Mr. DiMaio is right, and hopefully you are going to

01:51:22 find a number of establishments close by that would signal

01:51:25 they are doing a good thing in economic development.

01:51:29 And the reduction to compact spaces, I also don't mind,

01:51:33 because cars are getting smaller, and alternative vehicles

01:51:39 in the downtown, you see them around more often than you see

01:51:43 them up where I live as far as the different modes of

01:51:46 transportation.

01:51:48 But the reduction of parking once again is what we usually

01:51:55 deal with, the reduction in total number of parking spaces

01:51:59 is an issue.

01:52:02 I usually don't have a problem with this.

01:52:04 This is an urban corridor.

01:52:06 There's bus service.

01:52:07 There's the walkability factor.

01:52:11 But this is more of a commercial, because the university is

01:52:15 right there, there's less residential, less availability for

01:52:19 people to walk to it.

01:52:22 So that's my big sticking point.

01:52:24 Was there any leases offered, any parking available

01:52:28 somewhere else, valet?

01:52:33 A number of things we have discussed here.




01:52:37 >>GLORIA MOREDA: The original site plan did mention a design

01:52:39 exception for parking but nothing was filed with our office.

01:52:42 The applicant can identify what they have in terms of

01:52:46 searching for additional parking.

01:52:47 But nothing was submitted to the office to indicate that

01:52:52 they execute any leases.

01:52:55 >>LISA MONTELIONE: And then the transportation objection,

01:52:58 or at least the one, the access from a local street, Edison,

01:53:06 did I understand correctly -- or is it the FYP saying they

01:53:11 need to close off the Kennedy entrance?

01:53:13 >> Well, when this became a change of use with the increase

01:53:16 in intensity of use the working requirements were triggered.

01:53:23 They closed the Kennedy access in order to maximize parking

01:53:27 onsite.

01:53:28 And I frankly think that is the preferred option for them to

01:53:32 do that.

01:53:34 >>LISA MONTELIONE: So we didn't request it and FDOT didn't

01:53:37 require it?

01:53:38 >> No, no one requested it.

01:53:44 But this certainly does maximize their on-site parking to

01:53:47 close that, and to provide for the access on Edison.

01:53:53 So the code does say that access should be on the arterial

01:53:56 or collector street.

01:53:57 This becomes a waiver.

01:53:59 >> When we had our design review thing, she mentioned about




01:54:07 closing Kennedy Boulevard, because according to the overlay

01:54:12 district you are trying to encourage people to come into

01:54:14 property from the back, and that's why --

01:54:19 >>GLORIA MOREDA: Kennedy does provide for that.

01:54:20 But Kennedy overlay is not being triggered by this review.

01:54:23 This is not considered major renovation.

01:54:25 >>LISA MONTELIONE: That's confusing in and of itself.

01:54:30 The Kennedy overlay speaks to that, but not so much in this

01:54:34 case because it wasn't triggered.

01:54:37 >> And we did submit a lease with the additional ten parking

01:54:41 spots across the street behind the book store, and Michael

01:54:46 surveyed it, we laid it out, I took it to the city, and it's

01:54:53 with ten excess spaces.

01:54:55 However, it wasn't disowned commercial or whatever.

01:55:02 So that's our dilemma.

01:55:03 >>HARRY COHEN: Okay.

01:55:06 I think we are finished.

01:55:08 I have to go on to questions.

01:55:09 >> An additional parking, you know.

01:55:17 >>HARRY COHEN: Any other questions from council members at

01:55:19 this time?

01:55:22 Councilwoman Capin?

01:55:25 >>YVONNE CAPIN: Well, since the parking is also sticking

01:55:29 out, I would like to see what you have to offer.

01:55:35 >> Well, this is the problem that I have.




01:55:38 On Edison, there's 15 parking spots on Edison but we are not

01:55:43 supposed to count it.

01:55:46 The retreat and all those other places, you could count

01:55:49 their parking.

01:55:50 But technically, those places, and they tend to have zero

01:55:57 parking walking out the door that they own. That's city

01:55:59 parking on the street, okay?

01:56:01 And Oxford is going for a 4(COP) liquor license as well.

01:56:07 But they have got leases and all kind of stuff.

01:56:10 We do have a lease right next door from the Agliano family.

01:56:16 It's a short-term lease.

01:56:27 I'm sorry, I apologize.

01:56:29 As you see here, we have 75 parking spots available.

01:56:32 But it's an open-ended lease.

01:56:37 And we are going to use it Saturday.

01:56:39 We have approval for the city for our annual charity event

01:56:43 as we do for women's cancer that we are going to raise money

01:56:46 for and use that parking.

01:56:48 And we have already beautified it, and if you go back there

01:56:53 now, that's been an eyesore for decade.

01:56:55 We have a lease on it.

01:56:57 We have insurance on it.

01:56:58 >> You have insurance on it for the event for Saturday?

01:57:02 >> Nab, we have insurance long-term.

01:57:04 >> What's the term of the lease that you have?




01:57:08 >> It's open-ended

01:57:11 Basically we have a month to month lease.

01:57:13 And there's no end date.

01:57:14 It's whenever the two parties decide they want to end the

01:57:17 lease.

01:57:17 >> Okay.

01:57:18 And there's 15 parking spaces on the street?

01:57:21 >> There's 15 parking spaces on the street right on Edison

01:57:24 and the university doesn't use those parking spaces at

01:57:27 night.

01:57:27 And there's an enterprise rent a car next door.

01:57:30 >> It's public parking?

01:57:32 >> Yes, ma'am.

01:57:33 >> Anyone can park there?

01:57:34 >> Yes, ma'am, yes, ma'am.

01:57:35 >> Okay.

01:57:39 Okay.

01:57:40 Thank you.

01:57:40 >>MIKE SUAREZ: Mrs. Moreda, could I ask you a couple of

01:57:46 quick questions?

01:57:48 The additional parking requirement was triggered because we

01:57:55 are adding about 1100 square feet additional, outside square

01:57:59 footage, a little inside, correct?

01:58:01 >> They are increasing the occupant load of the restaurant.

01:58:04 I believe from 80 to -- I forget the numbers.




01:58:11 220 I believe is what the fire marshal --

01:58:13 >> You went from 71 to 120, correct?

01:58:17 And at the same time, currently they have 18 spaces

01:58:20 available for the parking, correct?

01:58:24 >> That's what the last approval was.

01:58:26 >> The last approval amount.

01:58:30 And you just made a comment that the overlay district does

01:58:33 not call for the closing of the entranceway onto Kennedy,

01:58:36 correct?

01:58:37 >> No.

01:58:38 What I said was that the improvements that are being done to

01:58:41 this property have not triggered compliance with the

01:58:45 overlay.

01:58:48 >> And in terms of the parking apron is just by virtue of

01:58:52 regular City of Tampa requirements specifically?

01:58:54 >> That's right.

01:58:57 That's our current requirement.

01:58:58 It does not allow for access on the local street.

01:59:00 >> The applicant has just mentioned some on-street parking.

01:59:04 What are the recalls concerning onstreet parking in order to

01:59:06 be used as part of a land use hearing for their use?

01:59:11 It doesn't have to have a certain distance to the location?

01:59:15 >>GLORIA MOREDA: No, I believe what he was saying is that

01:59:18 Edison, he believes that there is on-street parking on

01:59:21 Edison that should be able to be counted for his business.




01:59:27 The city does not allow the county of parking in the public

01:59:31 right-of-way.

01:59:31 >> Okay.

01:59:32 I just wanted to be clear about that.

01:59:34 Because there were some statements made by him and I wanted

01:59:37 to clarify in terms of our own code.

01:59:42 He made mention that there was five parking spaces that will

01:59:47 change because of the review and the changes on the site

01:59:49 plan.

01:59:50 Is that correct?

01:59:52 >>GLORIA MOREDA: I'm not sure.

01:59:53 He's made revisions to the site plan as a result of the

01:59:57 staff report.

01:59:58 And I believe he's added additional parking space, and

02:00:03 reduced the number of --

02:00:05 >> We lost five parking spots because of the dumpster.

02:00:08 >>MIKE SUAREZ: Well, I guess my point is that he made a

02:00:14 statement concerning five parking spaces.

02:00:16 Is that correct?

02:00:17 >>GLORIA MOREDA: The initial site plan he submitted shows

02:00:20 parking in the right-of-way and also shows a dumpster that's

02:00:24 not allowed.

02:00:25 But we made them correct the site plan to reflect current

02:00:28 code requirements.

02:00:30 >>MIKE SUAREZ: So what you are saying is shall essentially




02:00:33 did not lose five parking spaces, there were some in public

02:00:37 right-of-way that should not have been used as park being

02:00:39 anyway?

02:00:39 >> That's correct.

02:00:40 >> I want to make sure we are clear about that because I am

02:00:43 doing the numbers and it doesn't make sense in my mind so I

02:00:45 wanted to be sure we were correct about that.

02:00:50 In terms of the movement of the dumpster, it's a change from

02:00:56 one side to the other?

02:00:57 >> It actually had been approved as shown on the latest

02:01:03 version of the site plan on their property.

02:01:06 On the site plan for patio, I think it was -- or Frankies.

02:01:13 And somehow, it was moved to Edison.

02:01:17 When the applicant submitted the site plan it showed the

02:01:21 dumpster on Edison.

02:01:23 That does not comply with city code.

02:01:25 So we told them, put it back where it was approved on that

02:01:28 original permit, which is now where it's shown on the site

02:01:32 plan.

02:01:33 >> Okay.

02:01:36 And that was another confusing part of it because I wasn't

02:01:39 sure what actually happened in between, because obviously

02:01:42 when we changed before, why would a dumpster go from one

02:01:46 side to the other?

02:01:47 That's what I couldn't figure out.




02:01:49 Thank you, chair.

02:01:49 >>HARRY COHEN: Councilwoman Capin, do you have additional

02:01:53 questions?

02:01:54 >>YVONNE CAPIN: Yes, I do.

02:01:55 On here I'm looking at the menu.

02:01:57 This is a restaurant.

02:01:58 This kitchen will be open and ready to serve at all hours?

02:02:02 >> Yes, ma'am.

02:02:04 >>YVONNE CAPIN: At all hours.

02:02:05 And I was looking at the photo of the patio or porch, and I

02:02:10 don't -- there are no TVs out there.

02:02:14 Is that correct?

02:02:15 Are there any speakers out there?

02:02:17 >> (off microphone).

02:02:24 >> The out door amplification, even though this is a

02:02:27 corridor, is an issue because if you walk down Howard

02:02:32 Avenue, and they are blaring, you cannot hear yourself

02:02:35 think.

02:02:38 It's coming at you from the street.

02:02:41 It is absolutely -- that's what happens with outdoor

02:02:47 amplification.

02:02:47 >> Absolutely, but, you know, we are on Kennedy Boulevard,

02:02:50 and you are going to get more sound from trucks going up and

02:02:53 down the road at 10,000 cars an hour than you would from any

02:02:57 noise, and really around us there's nothing.




02:02:59 >> The sound of the -- the amplification from the patio, and

02:03:08 the businesses across the street will be okay?

02:03:11 >> Yes, exactly.

02:03:12 >> Thank you for that explanation.

02:03:17 That's it.

02:03:17 >> And they asked to us close the Kennedy Boulevard

02:03:25 entrance, for whatever reason.

02:03:27 >>HARRY COHEN: Thank you.

02:03:29 We are going to move along.

02:03:31 And hear from the public now.

02:03:34 Mr. Shelby.

02:03:35 >>MARTIN SHELBY: Mr. Chairman, just to let you know that

02:03:39 Mr. DiMaio did hand me a petition that he wishes to submit

02:03:44 into the record.

02:03:45 And I will pass it around to council and ask it go into the

02:03:48 record.

02:03:49 >> Very good.

02:03:50 Thank you.

02:03:51 And we are going to hear from the public now.

02:03:54 Three minutes apiece.

02:03:56 Pleas approach the microphone.

02:03:58 Remember to tell us who you are and where you are from.

02:04:00 >> Good afternoon.

02:04:02 My name is Benjamin Buckley.

02:04:04 I'm a resident in the neighborhood 1705 west State street.




02:04:09 I have lived and worked in the neighborhood for over 30

02:04:13 years.

02:04:15 And I'm for this application, for the restaurant owners to

02:04:23 have their liquor license approved.

02:04:26 And I have a lot of reasons for that.

02:04:32 One thing, I am a little uncomfortable and my toes are still

02:04:37 cold this morning.

02:04:38 You know, I want to thank you all for approving the InVision

02:04:44 plan last month.

02:04:45 I understand it was unanimous.

02:04:47 I wasn't here, but I think that was a really good thing.

02:04:51 I have personally worked on the plan for about two years

02:04:54 going to workshops with hundreds of other people, and I

02:04:58 think this is a good time to vote on something for this

02:05:04 plan.

02:05:06 This restaurant is in the InVision zone.

02:05:09 And I don't know if you all recall.

02:05:11 I was here when Kennedy Boulevard was a thoroughfare, a

02:05:16 place where people raced to get out of downtown and go to

02:05:19 some other part of the city or across, and now we have an

02:05:24 opportunity, InVision plan, the zone stops at Armenia Avenue

02:05:28 on the western boundary, and this is right in the heart of

02:05:31 the InVision zone.

02:05:32 And here is another community to approve something to keep

02:05:37 the InVision plan, and start the whole process.




02:05:44 One of the interesting things about the InVision plan is

02:05:47 there's sort of a triangle.

02:05:49 There's live, work, play.

02:05:51 And we need to have all three of these components in the

02:05:53 plan in order to make it work.

02:05:56 Right now, currently, right now down T street about five

02:06:00 blocks, there's about 500 apartments being built along Rome

02:06:04 Avenue on the south side of Kennedy.

02:06:06 On the north side of Kennedy.

02:06:08 There's been completed about 280, I think, apartments that

02:06:12 are already online.

02:06:14 These people need places to go, entertained, live, work,

02:06:18 play.

02:06:18 This is what the plan is all about.

02:06:20 And I think it's real important that we look forward, and

02:06:25 you folks vote for this plan, their plan, of increasing

02:06:30 their business to full liquor.

02:06:32 The other thing is that Kennedy Boulevard, this is a major

02:06:37 street.

02:06:38 It's one of the great boulevards of our city, and we need to

02:06:42 work on improving this constantly.

02:06:46 Anyway, I think that's my time.

02:06:48 But please vote for the plan and the InVision plan.

02:06:51 Thank you.

02:06:51 >> Ladies and gentlemen, I'm Wesley Weissenburger, 1919.5




02:07:02 west North "A" street and I am part of the north Hyde Park

02:07:06 civic association.

02:07:10 Bob, our president, is not here.

02:07:12 I submit to you ladies, what you have heard in the last 10,

02:07:16 15, precisely 22.5 minutes is smoke and mirrors.

02:07:22 If you listen to yourselves speaking this morning, you were

02:07:26 talking about waivers.

02:07:28 You specifically said you were tired of people coming in

02:07:33 asking for waiver after waiver.

02:07:36 There are codes and there are rules.

02:07:40 In particular, parking is a good one.

02:07:42 Every time you pass something, a little restaurant, that was

02:07:46 a beer and wine, turned out to be a restaurant with enormous

02:07:51 speakers out on the streets that affect negatively the

02:07:55 neighborhood.

02:07:56 Every time you approve a lease on a property that's not

02:08:00 connected to that business, everything is lost because they

02:08:06 are flying across main street to get to the other property

02:08:15 at the end of the month.

02:08:16 If you look at that property and you look at all these

02:08:19 investors with their money -- they are not stupid -- they

02:08:22 are not blind -- they can look.

02:08:24 And if you look, it's a university.

02:08:27 If you look at those towers which the city has great

02:08:31 interest, the entire country knows where Tampa, Florida is.




02:08:35 It's a university with over 6,000 students, not restaurant

02:08:40 customers.

02:08:41 They are students that walk that street, that go to those

02:08:45 classes.

02:08:46 If you look at the location of what was presented, look

02:08:50 what's behind it to the left and to the right.

02:08:53 That is going to be the University of Tampa.

02:08:57 They are going to build.

02:08:58 They are going to have classes in that area.

02:09:01 These students coming out, all we need are students coming

02:09:06 down from the classroom to a bar, 2:00 or 3:00 in the

02:09:10 morning.

02:09:11 Enough is enough.

02:09:13 This is not the place for students.

02:09:16 This is an educational area.

02:09:18 They can see it when they bought that property.

02:09:21 That was a little beer and wine property.

02:09:24 I suggest you not expand anything.

02:09:27 Every time they go from a little restaurant or build a

02:09:31 patio, it turns out to be another expansion of expansion.

02:09:35 And on that corner, if you go to Boulevard and Kennedy,

02:09:40 that's where the university student was run over and killed

02:09:44 by an alcoholic drunk.

02:09:46 Think about the consequences.

02:09:48 Think about being the parent of these people.




02:09:55 You're substituting yourself.

02:09:56 We are substituting.

02:09:59 We don't want anything to happen.

02:10:00 We do not want that area to expand.

02:10:04 Thank you very much.

02:10:04 >>HARRY COHEN: Thank you very much.

02:10:06 Next.

02:10:06 >> City Council members, my name is Rob Dubsky.

02:10:24 I own several commercial properties on Cass Street.

02:10:29 I'm interested in the redevelopment push of the river, the

02:10:34 Tampa area.

02:10:35 I'm here in support of the liquor license application that's

02:10:38 been delivered today by the Outpost, and also for the

02:10:43 outdoor patio.

02:10:45 The first point.

02:10:47 Liquor is already established in the neighborhood.

02:10:50 This is not a new concept that the Outpost is making.

02:10:55 There are several establishments in the immediate area with

02:11:00 full liquor, as well as, I believe, liquor on the patio.

02:11:04 Such as the fire sign, bungalow, the Edison.

02:11:11 The second point is shall as a member of the local group I

02:11:17 have spoken with the Outpost about the plans of the

02:11:21 property.

02:11:22 Currently the adjacent lot to the side on the corner of

02:11:25 Kennedy and north, which they do have a temporary month to




02:11:32 month lease on, they will be beautifying that lot to

02:11:37 accommodate this parking.

02:11:39 And as we well know, as we meet downtown and pass by the

02:11:42 university of Tampa, on the right-hand side, there's all

02:11:45 this beauty, and then boom, you hit North Boulevard, and

02:11:48 there's the Outpost, and I believe it will address not only

02:11:58 under the Kennedy corridor plan, but perhaps, I would ask --

02:12:09 nice palm trees, nice sidewalk, coming outside of downtown.

02:12:15 >>HARRY COHEN: Talk to us, sir.

02:12:17 >> I apologize.

02:12:20 >> Or maybe pull the microphone out.

02:12:23 >> I usually like to go on at my Toastmasters meeting.

02:12:29 Also, the Outpost will be maintaining both properties.

02:12:34 This will continue improving the aesthetic appearance of

02:12:37 Kennedy Boulevard as one travels down west.

02:12:41 We all live in the sunshine state.

02:12:43 Seeing people outside enjoying themselves.

02:12:48 The Outpost has the ability to attract customers to our area

02:12:53 to expose them to the retail shops and the businesses in

02:12:56 that area.

02:12:58 This is why I am speaking in support of the Outpost

02:13:02 application.

02:13:04 Alcohol is already established in the area.

02:13:08 They will beautify the property.

02:13:10 They will attract customers to the local area.




02:13:13 Thank you for your time.

02:13:17 >>HARRY COHEN: Thank you.

02:13:18 >> Chris Mitchell, 310 southwest lawn Avenue.

02:13:27 I'll keep my comments very narrow in scope.

02:13:30 Michael D'Agostino and I went to the university of Tampa.

02:13:33 We had the pleasure of graduating from the business school.

02:13:35 I am very happy and proud that Michael decided to stay here

02:13:38 in Tampa.

02:13:40 One of the big issues that we have, I'm going to be 30 in

02:13:44 March -- is that we have an outflow of young professionals

02:13:47 in this city.

02:13:48 We educate them at our universities and schools, but they do

02:13:52 not decide to stay here and open up the business.

02:13:55 I have known Mike for 12 years.

02:13:57 He is a managing partner of Frankies before that, and before

02:14:02 that he worked in several establishments, and I was very

02:14:05 proud that he invested in this community.

02:14:06 I can't tell you how many times in my conversations with

02:14:12 folks that I see people that are willing to invest in this

02:14:14 community leave elsewhere across the bridge, to other

02:14:16 cities.

02:14:18 They are making a positive improvement in this community.

02:14:22 And they are currently at a competitive disadvantage with

02:14:25 what they want to do.

02:14:26 This is a family friendly place.




02:14:29 I have been there several times.

02:14:30 The place is usually filled with a lot older people than

02:14:32 myself, to be quite honest with you.

02:14:35 And the fact that unfortunately the University of Tampa now

02:14:38 sees this as an issue.

02:14:40 I just think it's disingenuous considering you have so many

02:14:45 places with liquor, and in closer proximity than the Outpost

02:14:49 itself.

02:14:50 So I urge the council to please consider this petition and

02:14:54 to approve it, because it only continues to send a message

02:14:57 that Tampa is very friendly to entrepreneurs, the people

02:15:00 that want to invest in this community, and for us as we move

02:15:03 forward to make Kennedy a very vibrant area.

02:15:07 I live in SoHo.

02:15:08 So I understand some of the concerns this council has.

02:15:11 This is not SoHo.

02:15:14 It's a commercially trafficked area leading in and out of

02:15:18 downtown, one of the busiest roads we have.

02:15:20 In closing I just urge this council to approve this

02:15:23 petition.

02:15:24 Thank you very much.

02:15:24 >> My name is Megan and I am a graduate of the university of

02:15:32 Tampa with a degree concentration in behavioral health.

02:15:37 UCI personally worked with students who get in trouble with

02:15:40 alcohol.




02:15:41 I work in the conduct system and the Wellness Center helping

02:15:44 students with alcohol and drug issues.

02:15:46 It is my observation that many students go off campus to

02:15:50 bars, nightclubs and restaurants where there is underage

02:15:53 drinking and getting involved in dangerous behavior W.the

02:15:55 Outpost right next door to UT and on the way homecoming from

02:16:00 Tampa new stadium built on the street, it will only fuel

02:16:02 underage drinking and dangerous behavior.

02:16:04 They say they are family friendly business, and I think that

02:16:10 any parents who bring their children and are drinking hard

02:16:14 liquor should probably not have children.

02:16:16 I would like you to deny the Outpost a full liquor license.

02:16:21 Thank you.

02:16:21 >>HARRY COHEN: Mr. Reddick.

02:16:27 >>FRANK REDDICK: To the young lady that just gone done

02:16:29 speaking.

02:16:29 >>HARRY COHEN: Ma'am?

02:16:31 Ma'am?

02:16:32 Question.

02:16:32 >>FRANK REDDICK: Let me ask you a question.

02:16:39 >> Megan: Yes?

02:16:42 >>FRANK REDDICK: What have you done to eradicate the

02:16:45 problem with the University of Tampa renting houses within

02:16:50 the University of Tampa and having parties out there on the

02:16:53 weekends?




02:16:53 >> I'm sorry, you cannot hear you.

02:16:55 >>FRANK REDDICK: What have you done to eradicate the

02:16:58 University of Tampa students leasing and renting houses that

02:17:06 are staying in there, throwing parties and every weekend and

02:17:10 attracting 2 and 300 people just a few blocks from the

02:17:13 University of Tampa?

02:17:14 >> Well, we have partnered with the Tampa Police Department,

02:17:17 and we are trying to get these students brought into the

02:17:21 conduct system and get them in trouble and send them back

02:17:24 home because they do not deserve to go to school or --

02:17:28 >>FRANK REDDICK: This is still going on.

02:17:31 >> What?

02:17:32 >>FRANK REDDICK: I need you to get a little closer, or

02:17:36 somebody has got a hearing problem.

02:17:37 How successful have you been?

02:17:39 Because this problem is still going on.

02:17:41 >> we are being very successful, and even though -- it's a

02:17:47 small population that's out there.

02:17:50 I know it's in the news.

02:17:51 I know it's everywhere and it seems like it's a majority of

02:17:53 the UT campus, but drink as these house parties, but it's

02:17:57 not a reality.

02:17:58 Just because it's in the media all the time does not mean --

02:18:02 >>FRANK REDDICK: Well, you give me your information and

02:18:04 I'll be more than glad to send you some information that we




02:18:07 have received in my office that has been documented and see

02:18:10 if you can do something about it.

02:18:12 Okay?

02:18:16 And I want to mention she is just a UT student.

02:18:20 We do have representatives from the university that have

02:18:22 taken measures to address that problem.

02:18:24 If you prefer to ask them.

02:18:26 >> I will be more than happy but she made this comment, and

02:18:29 if she makes comments before this council, then she has the

02:18:34 right to receive some questions.

02:18:37 >>GINA GRIMES: I just wanted to let you know --

02:18:39 >>HARRY COHEN: We are going to continue with public

02:18:41 comment.

02:18:41 And I think Mr. Reddick now knows that if he wishes to talk

02:18:44 to UT about it we can do it later in the hearing.

02:18:46 >> I'm Ellen Snelling With the Tampa Alcohol Coalition.

02:18:50 And I want to talk to you about that I think that this

02:18:53 should not be granted.

02:18:55 We are a community coalition with over 100 members, and our

02:18:59 mission is to reduce underage drink, DUI and consequences

02:19:02 related to excessive drink.

02:19:03 The University of Tampa has been a partner of the Tampa

02:19:06 alcohol coalition ever since we started.

02:19:09 Just a few statistics in 2012, there are over 4,000 DUI

02:19:13 arrests, 60 people died of alcohol related fatality, 665




02:19:18 people were injured in alcohol related crashes.

02:19:21 Hillsborough County has consistently been either number one

02:19:24 or number two in all the statistics that I gave you for the

02:19:26 last ten years.

02:19:28 Something is not right here as far as DUI, fatalities, and I

02:19:35 think one of them is the over abundance of bars and clubs,

02:19:39 that there is too high a duh density of them in certain

02:19:42 areas, and I don't think that we need one more.

02:19:45 And they already have the beer and wine license so why do

02:19:49 they need to increase to liquor?

02:19:50 And not only that, they are asking for an expansion and more

02:19:53 capacity, and quite an extensive larger capacity.

02:19:58 Drink specials.

02:19:59 I wanted to mention that even though I believe they vary, to

02:20:06 my knowledge, they do have drink specials, if you go on

02:20:09 their Web site you can see Tuesday night is dollar draft,

02:20:14 9 p.m. to 11, and then Friday night is ladies night where

02:20:19 you can get half off of a bottle of wine for a lady.

02:20:23 And then on this Saturday, Gasparilla, kegs and eggs block

02:20:29 party, and it $30 for all you can seat and all you can eat

02:20:33 and there's an open bar.

02:20:34 I want to mention even though I'm sure shall they are

02:20:37 responsible, we do not consider, Tampa alcohol coalition,

02:20:42 responsible vendor by offering free or cheap drink specials.

02:20:45 It's very close to the campus.




02:20:47 And there's research showing that a high density of bars and

02:20:50 clubs around the campus increases alcohol accessibility,

02:20:54 drinking and than binge drinking among college students.

02:20:56 Also, cheap drink specials and all you can drink for a fixed

02:21:00 praise is associated with increased drinking and binge

02:21:02 drinking among college students.

02:21:05 Increased alcohol sales and capacity will lady to bigger

02:21:08 crowds, more noise, litter, fights, intoxication, DUI,

02:21:14 parking issues and traffic issues.

02:21:15 To some extent there will be these things because there's

02:21:18 going to be more people served there.

02:21:22 The bottom line is that UT as one of our partners does not

02:21:26 want this expansion, and we are here to support them.

02:21:29 And I would like to mention that in the discussion this

02:21:32 morning, there is no tool right now for the city or Tampa

02:21:35 Police Department, if a bar club becomes irresponsible,

02:21:39 especially between the hours of 12 and 3, which I want to

02:21:43 mention we keep hearing it's a family oriented place, which

02:21:46 is great, but I doubt there's a lot of families and children

02:21:49 coming between 12 a.m. and 3 a.m.

02:21:51 But if we to have something like late night permit at some

02:21:55 point it might be easier to have the uses expand if there's

02:21:58 some way to keep them under control.

02:21:59 >> I live at 11048 circle, 33617.

02:22:18 You guys know who my Councilwoman is.




02:22:23 I'm here to talk at least three minutes.

02:22:27 >> You only have been three.

02:22:29 >> Yes, three.

02:22:33 One, I'm here to support Outpost.

02:22:39 Please excuse me; I have a cold.

02:22:42 I think the Outpost has a great idea to bring people, young

02:22:45 generation, 21 and over to their restaurant.

02:22:48 I have been there two times.

02:22:49 They have good food.

02:22:50 They have good -- they have good drink specials.

02:22:56 And number two -- sorry -- and number two, I was against --

02:23:11 sorry.

02:23:12 Sorry, I have a cold.

02:23:18 Number two, I was against this ordinance last month, but now

02:23:25 I'm changing it.

02:23:26 I support Councilwoman Capin for the workshop.

02:23:31 I think it's generation for the night life, like to expand

02:23:38 and have a good time, because I think a lot of people.

02:23:49 I think it's time to expand from 3 a.m. to 5.

02:23:56 That's what I have to say.

02:23:57 >> My name is Eric lane.

02:24:04 I live at 1907 west Jetton which is in the Hyde Park area

02:24:09 and I own a rental property which is in the South Howard

02:24:12 area on Melville.

02:24:14 And one thing I would like to say is that, first of all, I




02:24:19 grew up in north Tampa.

02:24:23 In 2001 is when I bought the property on Melville.

02:24:27 Now it's a rental property.

02:24:28 I lived there for 12 years.

02:24:29 I would like to say while I was living there, there were

02:24:32 several tenants that went to the university of Tampa, and I

02:24:37 would like to point out that Melville is two and a half,

02:24:40 that he blocks away from Howard Avenue.

02:24:43 They were living there.

02:24:44 They were walking.

02:24:45 But they were going to these bars.

02:24:47 There are several rental units in that area, even closer to

02:24:51 Howard that I do know that a lot of UT students live in.

02:24:57 Also, I would like to state that I fully support the

02:25:02 expansion of them getting their liquor license, and my

02:25:06 property on Jetton is about 150 feet away from Bern's steak

02:25:14 house, and it's right across the street from the brand new

02:25:17 place called the Epicurean, which has very nice bar, very

02:25:21 nice restaurant, full liquor.

02:25:23 And I think that that's a good thing for my neighborhood.

02:25:27 And I also think that it's probably brought the property

02:25:31 values up.

02:25:31 I think it's something to actually tip your hat to.

02:25:39 So thank you for hearing me.

02:25:41 >> I'm on the short side.




02:25:52 I probably need to tilt this down.

02:25:54 Thank you for hearing me today on behalf of Outpost.

02:25:56 My name is Rita Coridio, a South Tampa resident, but more

02:26:02 importantly I'm also a member of a local nonprofit

02:26:04 organization called the hill recovery project.

02:26:08 As a two-time cervical cancer survivor we are trying to

02:26:12 partner w