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TAMPA CITY COUNCIL

THURSDAY, FEBRUARY 20, 2014

9:00 A.M.

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08:44:07 [Sounding gavel]

09:05:55 >>CHARLIE MIRANDA: City Council is called to order.

09:05:56 The chair yields to Mr. Mike Suarez.

09:05:58 >>MIKE SUAREZ: Thank you, chair.

09:06:00 It's my pleasure and honor to introduce Mr. Dr. Tom Scott

09:06:07 who has been a city councilman and a county commissioner.

09:06:10 He's very well-known.

09:06:12 He cares deeply for this community, dedicated to many

09:06:15 organizations in both Hillsborough County, City of Tampa.

09:06:18 He became pastor of the 22nd Street Church of God in April

09:06:22 1980 and led the church into building a new edifice which is

09:06:26 now named the 34th Street Church of God where he served

09:06:28 as senior pastor for 33 years.

09:06:31 The church has grown from 50 members to over 800 members.

09:06:34 His vision includes the opening of king's kids Christian

09:06:38 academy which is one of the premier schools in Tampa.

09:06:43 The share ministry and many other ministries that are

09:06:46 reaching and touching lives.

09:06:47 He also serves as chairman of the Florida State association

09:06:52 of the church of God.

09:06:53 Dr. Scott has been married to his wife, lovely wife for 38

09:06:58 years, they have two sons, Marcus and Marlin, and one

09:07:01 daughter, Marla, and 12 grandchildren and probably counting.

09:07:05 So if everyone would please stand for the invocation and

09:07:08 remain standing for the pledge of allegiance.

09:07:11 Thank you, Dr. Scott.

09:07:11 >> Dr. Scott: Thank you for the privilege of being here

09:07:17 today.

09:07:17 Thank you for the invitation to come.

09:07:20 And it's always nice to be able to come and grace these

09:07:24 chambers where you had the opportunity to serve with my

09:07:28 colleagues in the past.

09:07:29 So we are grateful today for the great nation and the

09:07:34 greatest nation upon the face of the earth.

09:07:36 At this time, join me as we ask God's blessing upon your

09:07:41 time today.

09:07:42 Father, we are always reminded of what you instruct us and

09:07:45 that is to acknowledge you in all of our ways and give

09:07:47 direction to our past.




09:07:49 Today we pause and reflect upon your grace and your goodness

09:07:53 to us,.

09:07:58 Your name is worthy to be praised and to be exalted.

09:08:01 We thank you for your blessings upon our nation, our

09:08:04 country.

09:08:05 Thank you for these United States of America, what she

09:08:09 believes, what she stands for, land of the free,

09:08:13 opportunities for all the citizens.

09:08:15 We thank you, now, that those who serve to protect our

09:08:18 nation in foreign countries and foreign lands, we pray for

09:08:22 our troops and soldiers to bring them home safely to us.

09:08:26 We pray for those who protect us locally, men and women, law

09:08:30 enforcement, emergency, pray for them.

09:08:33 And we pray now for those who lead us in government, our

09:08:39 president, those in Congress, governor, legislature.

09:08:43 We pray for this City Council today as they deliberate those

09:08:49 important issues that affect the lives of this community.

09:08:52 We pray that you give them wisdom, give them knowledge, give

09:08:56 them insight.

09:08:57 We pray that you give them patience and guidance and pray

09:09:00 that your blessings will be upon their lives and their

09:09:04 decisions reflect the good of this community.

09:09:06 Thank you now for this chamber, those who serve, and these

09:09:11 your people.

09:09:11 We ask all these things in your name.




09:09:13 Amen.

09:09:14 [ Pledge of Allegiance ]

09:09:33 >>CHARLIE MIRANDA: Roll call.

09:09:45 >>MIKE SUAREZ: Here.

09:09:47 >>YVONNE CAPIN: Present.

09:09:48 >>FRANK REDDICK: Here.

09:09:49 >>MARY MULHERN: Here Cohen cope here.

09:09:52 >>CHARLIE MIRANDA: Here.

09:09:55 We need a motion for the adoption of the minutes of February

09:09:58 6th and the special workshop that was held November

09:10:03 4th.

09:10:03 >> So moved.

09:10:04 >> I have a motion made by Mr. Cohen, seconded by Mr.

09:10:07 Reddick.

09:10:08 Further discussion by council members?

09:10:09 All in favor of the motion please indicate by saying aye.

09:10:12 Opposed?

09:10:13 The ayes have it unanimously.

09:10:15 Ceremonial activities, number 1, commendation by Mr. Reddick

09:10:18 to an outstanding city employee, Dorothy Coleman.

09:10:38 >>FRANK REDDICK: Good morning, council.

09:10:41 It is my pleasure, it's always good to recognize someone who

09:10:46 has been a part of this city for a long, long time.

09:10:53 She has served over 30 years working for the City of Tampa,

09:10:57 and today I celebrate my 30th birthday of the




09:11:07 [ Laughter ]

09:11:08 I'm honored to stand next to you and present this

09:11:10 commendation to you.

09:11:12 The City Council wanted to recognize you for the 30 years of

09:11:16 dedicated services to the City of Tampa and its residents.

09:11:26 Your thoughtfulness, kindness and willingness to serve, for

09:11:31 those in the construction industry, and it is with pleasure

09:11:38 that the Tampa City Council present you a commendation, and

09:11:43 wish you happiness for your forthcoming retirement.

09:11:47 We are so proud of you.

09:11:48 And anytime you can work for 30 years in a government, it's

09:11:55 wonderful.

09:11:55 We congratulate you.

09:11:58 [ Applause ]

09:11:59 >> Dorothy Coleman: It has been a pleasure working for the

09:12:19 city.

09:12:19 I have enjoyed it.

09:12:21 It's just come to a point that it's getting to be a little

09:12:27 hard to get up in the morning.

09:12:33 So it's best for me if I just give it up.

09:12:36 But I'm so grateful to have the opportunity to work with the

09:12:39 construction services and many others throughout the

09:12:43 different departments of the city.

09:12:45 Thank you.

09:12:46 [ Applause ]




09:13:43 >> We want to make sure this family is seen on TV.

09:13:47 We want you all to stand.

09:13:49 And also stand while we take a picture.

09:13:56 We thank you all.

09:13:58 Congratulations.

09:14:21 >>CHARLIE MIRANDA: In Mrs. Coleman, let me say this, in all

09:14:27 the service to members of this council, you have been a ray

09:14:29 of light.

09:14:31 You handled things in a professional manner.

09:14:33 And, you know, there's two things that people get upset

09:14:36 about a lot in the city.

09:14:37 Anytime they have to deal with land zoning and appear before

09:14:40 us.

09:14:41 That's one of them.

09:14:42 And the second one is anything, no mat what happens in

09:14:46 construction service.

09:14:47 And I can tell you this.

09:14:50 You have handled things in a very professional manner.

09:14:53 And when Mary Bryant tells me that you're good, I have to

09:14:57 believe it, because she dealt -- and you dealt with Mary,

09:15:02 and you know --

09:15:10 When she bites onto something she doesn't let loose.

09:15:16 And you have been so helpful to all the citizens.

09:15:18 And understood that no matter if you thought or I thought

09:15:24 that they were incorrect, at that moment in time in their




09:15:27 life, they were right, and you handled it so that they could

09:15:32 solve their problems with ease and with understanding within

09:15:35 the system, and you have done outstanding work.

09:15:37 God bless you.

09:15:39 [ Applause ]

09:15:40 Now Mary won't speak to me. [ Laughter ]

09:15:56 All right.

09:15:56 The second commendation this morning will be done by Mr.

09:16:00 Mike Suarez for colonel D.J. Reyes.

09:16:06 Presentation.

09:16:07 >>MIKE SUAREZ: We might give a commendation sometime, but a

09:16:14 presentation.

09:16:15 I would like to introduce D.J. Reyes, retired Army colonel,

09:16:19 over 30 years of faithful service to our country.

09:16:22 D.J. was born at the Army hospital in Hawaii and spent his

09:16:27 youth as an Army brat, graduated from university of Notre

09:16:30 Dame, received the Dixon award for the top graduating Army

09:16:34 ROTC cadet and second lieutenant in the U.S. Army

09:16:38 intelligence division.

09:16:40 Throughout his military career, D.J. provided direct

09:16:43 intelligence support to combat commanders through U.S.

09:16:46 national policymakers spanning the tactical information and

09:16:49 strategic spectrum of war in areas that included Iraq,

09:16:54 Afghanistan, north Africa, Haiti, Korea, Bosnia and Kosovo,

09:17:01 and key assignments postured him to be brief and work with




09:17:05 various high level officials.

09:17:07 In addition to earning his bachelor of arts degrees and

09:17:10 juris doctorate degree, he received a master of arts degrees

09:17:14 in national strategy and policy from the U.S. naval war

09:17:17 college in 2005.

09:17:18 Last year he and his wife Julie founded cuspis Ver, LLC, a

09:17:25 consulting firm specializing in strategic leadership,

09:17:26 organizational management and critical analysis.

09:17:28 He's currently active in several volunteer social causes,

09:17:31 one initiative involves the military veterans which we are

09:17:34 going to hear about in a moment.

09:17:36 And under the newly established Veterans Treatment Court now

09:17:40 found in 120 jurisdiction as cross 35 states, D.J. serves as

09:17:45 Hillsborough County senior veteran mentor to veterans

09:17:48 enrolled in this alternative court process.

09:17:53 And in addition to the initiative, his wife Julie is the

09:17:58 co-chair of Walk Now for Autism Speaks Tampa Bay and also

09:18:02 supports the Tampa Bay community's task force to end human

09:18:05 trafficking.

09:18:06 D.J.'s philosophy can be summed up in one acronym, faith,

09:18:11 family, friends, and fraternity in the brotherhood of war.

09:18:14 D.J., it's my pleasure to welcome you.

09:18:16 Before we begin, many of these veterans corps have been set

09:18:21 up.

09:18:21 The first one I heard about was the Sarasota, which was




09:18:26 either the first or one of the first in Florida to be set

09:18:28 up.

09:18:28 And we are very happy to have you here.

09:18:30 Please tell us a little more about what we are doing here in

09:18:32 Hillsborough County.

09:18:32 >> Thank you, Councilman.

09:18:34 First of all to the chair and to the council, thank you very

09:18:36 much for a few minutes to share some information on the

09:18:40 Veterans Treatment Court which is a new initiative here in

09:18:43 Hillsborough County that was just recently enacted, the

09:18:47 first of October of last year.

09:18:48 Again, I want to thank Councilman Mike Suarez for inviting

09:18:53 me and giving me this opportunity a couple weeks ago to

09:18:57 speak to you on behalf of judge we had the presiding judge,

09:19:02 and Derrick Brooks, so I shall live up to the mantra be

09:19:12 brief.

09:19:13 So I would like to give you the five W's Veterans Treatment

09:19:17 Court, what it is, where we are, where we are going, and the

09:19:21 way.

09:19:25 If I can have the first slide.

09:19:26 Second slide, please.

09:19:27 Okay.

09:19:28 So every issue or every initiative starts off with problems

09:19:32 as we all know.

09:19:33 And if the genesis if you will for the veterans corp with a




09:19:39 focus on veterans in Iraq and Afghanistan coming back from

09:19:41 the wars.

09:19:42 I will tell you from a personal perspective and I'm sure

09:19:46 many of you can attest, this is not a now problem.

09:19:49 We have seen this throughout our history in our nation going

09:19:51 back to the war's past.

09:19:53 My dad was a Korean vet and Vietnam vet.

09:19:56 He never availed himself to the services but I noticed there

09:20:01 were things about my father that I knew there were

09:20:03 experiences that he had that he just never talked about.

09:20:06 As I grew up, as I went through the ranks, I realized that

09:20:10 we need to take care of our veterans.

09:20:13 And there's a lot of things that we can do for our veterans.

09:20:16 But as I got a little older and I started more and more

09:20:19 especially in the latter half in Iraq and Afghanistan, I

09:20:23 realized this is a real issue, the unseen injury that many

09:20:29 people don't see, specifically with regards to

09:20:31 post-traumatic stress disorder.

09:20:33 So as you can see, here are some of the facts.

09:20:36 And I pulled a lot of this data off of the

09:20:39 justiceforvets.org.

09:20:42 You can get this online.

09:20:43 Basically, I will tell you it's a subsidiary of the national

09:20:50 association of drug courts professional, partly of a 501(c)3

09:20:56 nonprofit organization, and their mission statement is very




09:21:00 simple.

09:21:01 They want to help vets, connect them to the community, to

09:21:03 all of the resources from national down to local community

09:21:05 resources to get the help that they need, whatever help they

09:21:11 need.

09:21:12 Some of the facts to point out, you can see it's pretty

09:21:16 shocking to look at homelessness, or one third of our

09:21:19 homeless folks are veterans.

09:21:22 Unemployment.

09:21:22 It's a little higher for vets than the national average.

09:21:25 I look at substance abuse, especially just having come out

09:21:29 of the military where there's a lot of emphasis on the

09:21:32 leadership on drug and substance abuse.

09:21:35 Yet there still is a problem.

09:21:37 And we are trying to rectify it but it's on the rise.

09:21:40 I think the last one is the incarceration and that's why we

09:21:43 are really here.

09:21:44 As you can see in a rather dated report, over 700,000

09:21:47 veterans under criminal justice supervision.

09:21:52 If I can have the next slide, please.

09:21:55 Back in 2008, in the Buffalo court, there was Mr. Russell

09:22:03 and he realized he was handling a lot of these, a lot of

09:22:06 people coming through with misdemeanors, some with felonies.

09:22:09 He realized a couple things.

09:22:11 Number one, that there were veterans on his staff that




09:22:14 interacted positively with these veterans, if you will, that

09:22:18 were coming to the court and realized that a little bit of

09:22:21 mentoring and a little bit of big brother and big sister to

09:22:26 put your arm around, that goes a long way.

09:22:28 The second thing that prompted him and motivates him was to

09:22:31 reach out to the Veterans Administration and all the various

09:22:34 public service organizations and community organizations to

09:22:36 see what can they do to help enable the vets rather than put

09:22:41 them through a normal criminal process.

09:22:45 Let's look at it from a different slant.

09:22:47 Let's look at treatment.

09:22:48 Let's look at rehabilitation.

09:22:50 Let's look at rebuilding broken spirits, broken hearts and

09:22:54 broken souls.

09:22:55 So it all started there with a judge in Buffalo in 2008.

09:23:00 You can see there are over 120 treatment courts spread

09:23:03 throughout 35 states, and still growing.

09:23:06 I'm very pleased to say that through administrative order

09:23:12 054 that judge Menéndez signed last October it is now

09:23:16 effective here in Hillsborough County.

09:23:18 The judge honorable Richard Weis is the sitting judge.

09:23:23 Many of you know him.

09:23:24 I'm proud and honored to know him.

09:23:26 And during my year before I took on this job as the

09:23:30 volunteer senior mentor for him, I realized we were both in




09:23:34 Iraq at the same time.

09:23:36 During the surge of 07 and 08, and as fate would have it, I

09:23:40 was back then working intelligence operations and literally

09:23:44 sending him detainees that he would later process and

09:23:49 prosecute.

09:23:50 We never realized we would cross this way, but it's just a

09:23:53 for if you us the -- fortuitous thing.

09:23:57 Since that time I have been able through personal efforts, I

09:24:00 was able to bring off two more vets, Mr. Green, an Army

09:24:06 reservist but also with extensive OIF and OEF experience.

09:24:11 There's another gentleman getting ready to retire.

09:24:14 I want to bring him on as well.

09:24:17 The last slide you see Mr. Anderson, who is a U.S. Air Force

09:24:20 veteran, and he's also providing support.

09:24:24 If I can have the slide up here, please.

09:24:26 With the V.A., our justice outreach coordinator is miss

09:24:30 Christy Whitford, and we coordinate with her.

09:24:34 And I will get into interaction on the next slide.

09:24:37 But suffice to the say she is a very important piece to this

09:24:40 whole dynamics of the veteran treatment court team.

09:24:45 Judge Weis holds court every month, the second Thursday at

09:24:50 8:30 at the courthouse.

09:24:55 I know you may say, well, that's pretty small.

09:24:59 It is by intent but we want to get our sea legs, so to

09:25:04 speak, get our grounding, want to build our team, and then




09:25:07 we will be able to take on more veterans.

09:25:09 As we get more publicity, I believe more veterans will come

09:25:13 to the forefront.

09:25:14 Next slide, please.

09:25:15 So you have the key components that are basically essential

09:25:20 in all of the veteran treatment courts, and of course here

09:25:23 in Hillsborough County, and they are all interrelated.

09:25:26 The first one is a structured environment.

09:25:28 And I would like to underscore this, because with the

09:25:31 veterans, many of them are still thinking in a military

09:25:35 sense.

09:25:35 In a structured environment where you have a veteran, a

09:25:39 judge, treatment court judge, who many times is a military

09:25:44 reservist judge in the Army, Air Force, Navy, marines, most

09:25:49 time combat veteran, and you have got the V.A. there, it is

09:25:54 very structured.

09:25:55 The judge also, as you will see in, I believe, the fourth

09:25:59 and fifth components, he takes a personal interest in

09:26:02 dealing with each one of the vets, along with the vet mentor

09:26:05 such as myself.

09:26:07 The judge actually adjudicates, full, direct certain

09:26:13 treatment, medical treatment, drug, substance treatment,

09:26:17 council, whatever, coordinates with the V.A. officer who is

09:26:20 there in court with us.

09:26:22 She schedules it and then the vet mentor, myself, as a big




09:26:25 brother, works offline with the vet to make sure, making his

09:26:30 meetings, he doesn't have any issues, and we are making

09:26:32 progress.

09:26:33 That's the team.

09:26:33 I would like to also point out on the second one, team

09:26:37 approach, and be the nonadversarial, really, really critical

09:26:41 and what distinguishes it from a normal evidentiary law

09:26:45 process type proceeding.

09:26:46 The prosecutor and public defendant do not go at each other.

09:26:50 In fact, it is a team.

09:26:52 It is integrated.

09:26:53 They talk together.

09:26:54 They work together to try to get treatment for the vet.

09:26:57 And that's and the judge runs this.

09:27:01 We kind of look at him as a company commander, and I'm the

09:27:04 platoon leader, and we have our vets or soldiers that we are

09:27:08 trying to lead.

09:27:09 The last one is forging a partnership.

09:27:12 I believe that's one of the benefits for today.

09:27:13 So part of the education, the information operations, as we

09:27:17 call it in the military, is getting the word out to the

09:27:20 public community, to the local government, and then also to

09:27:22 the local community.

09:27:24 Next slide, please.

09:27:27 Here is just an example of some of our supporters from a




09:27:30 national perspective, and you may even be members of, the

09:27:36 American Legion, or the VFW, Veterans of Foreign Affairs.

09:27:43 I am a charter member of VFW chapter 4321 here in South

09:27:47 Tampa, and about two weeks ago I spoke with their leadership

09:27:51 with the troop commander Joe Dempsey and his staff, and I'm

09:27:54 currently trying to solicit some more veteran treatment

09:27:58 mentors from within the ranks of VFW to tell them you can

09:28:03 continue to serve even if you are not in uniform, and

09:28:06 continue to get back.

09:28:09 Next slide.

09:28:09 As you can see from the first bullet, it's really we are at

09:28:12 the maintenance phase right now.

09:28:14 We are building the team.

09:28:15 Building the mentors that like with maybe five or six

09:28:19 mentors so that we can assign at least one mentor to one

09:28:22 veteran.

09:28:23 It's all about relationships, as we believe.

09:28:26 And then of course the community outreach, which is what we

09:28:28 are doing right now.

09:28:29 For the veteran, eligibility right now through the admin

09:28:33 order, if you are a veteran that can prove you were a

09:28:36 veteran, you have what's known as the form D 214, with

09:28:41 honorable service, not honorable discharge, and you are

09:28:45 brought up on misdemeanor charges, you can't qualify for

09:28:47 this alternative court process.




09:28:52 As we mature in this process, Judge Weis informed me he is

09:28:58 looking to work in concert with the state prosecutor and

09:29:00 public defender to see if more serious depths, if they can

09:29:07 be brought into court for treatment of rehabilitation

09:29:10 purposes.

09:29:10 We are not there yet but that's what we are striving for,

09:29:13 because we think if we cap that we will be able provide in

09:29:18 more.

09:29:18 Funding.

09:29:19 This is a nonfunded program.

09:29:20 This is volunteers.

09:29:21 In fact, that's why I have to apologize.

09:29:24 My PowerPoint slide, because I made them, okay? So I don't

09:29:27 have a staff.

09:29:29 Everything we do and everything is on his time and it's on

09:29:33 my time.

09:29:34 We are doing this because we believe this is the right thing

09:29:36 to do. It's all about principle.

09:29:38 It's all about taking care of our brothers and sisters.

09:29:41 As we mature in this process we will be looking for funding,

09:29:43 any kind of understand the.

09:29:47 And the last bullet, training opportunities.

09:29:49 The judges for vets organization actually hosts conferences.

09:29:52 And hosted a national conference last December in

09:29:56 Washington, D.C.




09:29:59 We have another in May to along with training for guys like

09:30:04 me, counselors, people up to and including the judges, and

09:30:09 that's in May.

09:30:14 I believe he's going to attend.

09:30:16 But this is one of the things that I would like to look at

09:30:18 with regards to funding to see as we build our team if we

09:30:21 can get possible endorsements, or funding so that we can

09:30:25 train our force so that we can come in legitimate and

09:30:30 competent force of mentors that can best serve our community

09:30:33 and our veterans.

09:30:35 Next slide, please.

09:30:40 Sir, do you have any questions?

09:30:42 Chair?

09:30:42 Council?

09:30:43 >>MIKE SUAREZ: Mr. Reyes, have you reached out to our

09:30:53 police department in order to train them to know which folks

09:30:56 may be identified, who might have some issues that we can

09:31:03 help put them into this diversion program?

09:31:05 Because I think that's a big part of it.

09:31:07 We have a lot of guys that are on the force, and ladies that

09:31:11 are on the force that are ex military also, so it's a good

09:31:16 way of kind of training them and seeing what some of those

09:31:18 issues are, and helping them understand that there is this

09:31:22 diversion program available to them.

09:31:24 >> Sir, thank you for that comment.




09:31:27 And that is one of the initiatives that I discussed already

09:31:30 with Judge Weis, as we looked through the local and

09:31:34 community organizations, local law enforcement.

09:31:37 Clearly, a lot of veterans that still serve in a different

09:31:40 uniform within the force.

09:31:42 And we have looked at that.

09:31:43 I have not personally done that yet.

09:31:45 But it is on my list of 100 things to do and contact them

09:31:49 and try to get some kind of partnership going.

09:31:52 >>MIKE SUAREZ: Please make sure to contact fuss there's any

09:31:55 help we can provide in getting into and talking with the

09:31:57 police department so that we can let them know what you are

09:32:00 doing on the veterans courts.

09:32:02 >>LISA MONTELIONE: Thank you for your service and for what

09:32:11 you are doing for the veterans in our community today.

09:32:14 I'm sure you have already looked into this, but I worked a

09:32:18 little bit with the Veterans Administration, with the Haley

09:32:24 representatives on homeless issues, and there seemed to be

09:32:28 some funding available, because there's a lot of interest in

09:32:34 this aspect of the veterans services in our community.

09:32:40 Have you reached out or been in touch with or talked to any

09:32:44 of them?

09:32:45 >> I have not personally but I know Christy Whitford has.

09:32:49 Christy is our V.A. justice outreach officer.

09:32:54 and so the way it's established in the court system, she




09:32:56 actually is for all of the programs whether it's V.A. or

09:33:03 public service organizations, if you will.

09:33:05 But I did take a note and I know --

09:33:09 >>LISA MONTELIONE: Maybe if you contact my office and I can

09:33:12 get you the contact information of the people that I have

09:33:14 worked with in the past from some of the homeless, HUD

09:33:21 committees that I have participated in.

09:33:22 >> Okay.

09:33:24 Thank you very much for your help.

09:33:39 >>FRANK REDDICK: Thank you, Mr. Chair.

09:33:41 I am going to ask that the video room go ahead and move with

09:33:44 the clip.

09:33:49 Please welcome Mr. Derrick Brooks.

09:34:47 >>CHARLIE MIRANDA: Just a minute.

09:34:48 He's a little slow.

09:34:49 He's not a running back.

09:34:52 [ Laughter ]

09:34:53 >> Derrick Brooks: All right.

09:34:57 >>FRANK REDDICK: As many of you know, Derrick is a graduate

09:35:05 of Florida State University.

09:35:08 He played for many years with the Tampa Bay Buccaneers.

09:35:11 If you look around this room today, somehow got it

09:35:15 decorated.

09:35:16 Somebody found a little Bucco Bruce back there.

09:35:19 But we just thought that you have done so much for this




09:35:23 community.

09:35:28 You have done wonderful in business.

09:35:29 You have done wonderful as a mentor to so many kids.

09:35:36 You have been a mentor to so many people.

09:35:39 And we just felt that

09:35:53 We just felt that even though we know you were born and

09:36:01 raised -- you have been in the City of Tampa for many years,

09:36:05 and you are part of the city, and you have done so many

09:36:09 great things.

09:36:10 And we know you have a busy schedule.

09:36:11 But that last accomplishment that you just received touched

09:36:15 all of our hearts.

09:36:16 And we just want to recognize you for that.

09:36:20 So this City Council, and this city, we just wanted to print

09:36:25 a commendation for being elected to the National Football

09:36:29 League Hall of Fame.

09:36:31 You just don't know how much that means to this city and

09:36:35 moneys to so many people who are inspired by everything that

09:36:39 you have done.

09:36:40 And to the kids of this community, with the charity.

09:36:47 You know, coming from the neighborhood, you got caught by

09:36:54 one of those trains.

09:36:55 But he wanted to be here, and because we have a full agenda,

09:37:00 I couldn't delay it for him.

09:37:01 But on behalf of Tampa City Council, please accept this




09:37:05 commendation and present this to you for being elected to

09:37:09 the football Hall of Fame.

09:37:11 [ Applause ]

09:37:18 [ Applause ]

09:37:19 >> Derrick Brooks: Thank you.

09:37:26 I do understand the agenda is full so I won't be very long.

09:37:31 On behalf of myself, my family, my wife Carol, and our four

09:37:35 kids, I want to say thank you.

09:37:37 Thank God for having us here today to celebrate this

09:37:41 accomplishment, not only going into the pro football Hall of

09:37:46 Fame, but to follow in the footsteps of Lee Roy Selmon,

09:37:52 Warren Sapp, three of our very own Buccaneers in the Hall of

09:37:57 Fame, two in the last two years.

09:37:59 It's really a special honor for our city.

09:38:02 And people asked me every day how does it feel to be

09:38:08 elected?

09:38:09 And I say every day it just feels a little bit different.

09:38:12 And I can't say thank you enough to all the citizens that

09:38:16 have come up to me since I have been elected to the pro

09:38:21 football Hall of Fame to say congratulations.

09:38:25 But more importantly, for me, and the humility that comes

09:38:31 with it to appreciate the comments about Derrick Brooks as a

09:38:35 man more so than number 55 for the Bucs.

09:38:39 And I never really quite understood it but that's just the

09:38:44 way I am went about my business.




09:38:45 And approach my everyday without serving this community and

09:38:53 that's why my biggest impact is through serving and

09:38:56 leadership, and nobody fully understands that more than what

09:38:59 you guys do in making decisions here in the best interest of

09:39:03 our city.

09:39:04 And I appreciate the job that you are doing.

09:39:08 I understand the stress that comes behind it.

09:39:10 But I seriously love this city.

09:39:14 I take my hat off to you and say continue the work, even

09:39:18 though it's a thankless job sometimes.

09:39:22 I do understand it.

09:39:23 But for the greater good of what you guys are trying to do,

09:39:27 I commend the work.

09:39:29 And I challenge you as well to take pride in making those

09:39:33 decisions, whatever they may be.

09:39:35 So finally, again, I look forward to this summer, and

09:39:43 enjoying the moment with you guys.

09:39:45 I really keep coming back to this parade that we had in 2002

09:39:51 when we won the championship.

09:39:54 That's the moment that comes to my mind every time I think

09:39:56 about the appreciation, you know, what it meant to be a

09:40:00 Buccaneer, to see the support of people hanging out in

09:40:04 parking garages that day.

09:40:07 I really felt what the championship meant to us.

09:40:10 I think about that parade more so, even scoring the




09:40:17 touchdown in the Super Bowl.

09:40:18 I really do think about the championship in the bay area.

09:40:23 And I want everyone to feel that way about my induction into

09:40:26 the Hall of Fame.

09:40:28 Again, I can't thank this city enough for supporting Derrick

09:40:31 Brooks charities.

09:40:34 And again I challenge you guys to challenge me in as many

09:40:38 ways as we can to make our programs better for the kids in

09:40:42 this city.

09:40:42 And we are looking to challenge ourselves every day and draw

09:40:46 the biggest impact we possibly can to educate one kid at a

09:40:50 time.

09:40:51 So with that being said, thank you for your time.

09:40:56 I do receive this commendation with the greatest humility.

09:41:01 And thank you all again.

09:41:03 [ Applause ]

09:41:04 I think I used all my three minutes.

09:41:17 >>YVONNE CAPIN: Mr. Brooks, I want to thank you for being

09:41:19 part of our community and Derrick Brooks charity and

09:41:22 bringing the Vince Lombardi trophy to Tampa.

09:41:25 I also want to let you know that -- could you please come up

09:41:30 here?

09:41:34 This is Wendy spark and she did all this beautiful decor in

09:41:41 your honor.

09:41:41 So thank you so much for being part of the Hall of Fame.




09:41:49 So thank you again.

09:41:53 It's a pleasure to have you here.

09:41:54 >> For all of Tampa sports of the again as I said before, I

09:42:08 really feel that we are all going into the Hall of Fame.

09:42:13 When the franchise starts to win the championship, and now

09:42:16 not only myself but Warren and Leroy but hopefully several

09:42:21 Buccaneers will be joining us soon enough in the Hall of

09:42:24 Fame.

09:42:25 And it's something everybody should be proud of.

09:42:29 >>CHARLIE MIRANDA: Mr. Suarez?

09:42:30 >>MIKE SUAREZ: Mr. Brooks, you know, a lot of times as fans

09:42:33 we forget.

09:42:34 We kind of know the mental and physical strain.

09:42:39 We love watching the players but sometimes we forget, you

09:42:42 know, that you are putting your body on the line each and

09:42:45 every day, those collisions that you go through on a

09:42:47 play-by-play basis could have an affect on your life, it has

09:42:52 an affect on you personally.

09:42:53 But one of the things that we don't see a lot of times --

09:42:57 and this is unfortunate -- is people who are rewarded as

09:43:01 well as you have been over your career and come back and

09:43:03 make sure that they make lives of other people better, too.

09:43:08 You have been very fortunate and blessed for everything that

09:43:11 you have had in your life in terms of what you have exerted

09:43:15 and gotten for yourself, and at the same time Tampa things




09:43:18 that you have done outside of football.

09:43:19 You know, the Hall of Fame, even if they had never called,

09:43:22 you would have been a Hall of Famer in our minds because of

09:43:25 everything you have done for this community.

09:43:27 We hope that we can help you in any way possible to make the

09:43:30 foundation better, to make your school better, to reach out

09:43:33 to more children, to more people that want to excel in

09:43:37 academics and not just athletes.

09:43:39 And that's something that I think we need to emphasize more

09:43:43 of.

09:43:43 And I think this is probably more importantly, my

09:43:46 legislative aide is an FSU ALUM, and I think she's kind of

09:43:50 hard to find -- oh, wait a minute, she has a Florida State

09:43:54 shirt on!

09:43:57 [ Laughter ]

09:43:58 I will say this week has been a tough week for her to get

09:44:01 anything done, knowing that Derrick Brooks was going to be

09:44:04 here for a commendation.

09:44:05 Again, thank you for your service to our city.

09:44:08 Thank you for everything you do in terms of helping the kids

09:44:12 out there.

09:44:13 And thank you very much for coming here to accept the

09:44:16 commendation.

09:44:19 >>CHARLIE MIRANDA: Mrs. Montelione.

09:44:19 >>LISA MONTELIONE: Thank you, sir.




09:44:22 The first DeBartolo school, I remembered when it opened in

09:44:28 Fowler Avenue in a very tough neighborhood.

09:44:30 I met with the principal when it first opened.

09:44:32 And that was before we were elected.

09:44:34 It was quite some time ago.

09:44:36 And I was so impressed with the mission that she took on,

09:44:41 and with the help of you and the DeBartolo family to bring

09:44:45 that school to that particular neighborhood.

09:44:48 They moved not too long ago to a larger campus to serve more

09:44:52 children, and, you know, the difference that it makes in the

09:44:56 lives of those kids, and lifting up not only the children

09:45:00 who go to the school but the families as well, and to build

09:45:04 that sense of camaraderie and of accomplishment, and the

09:45:09 morale is just a great testament to the work that you and

09:45:14 your foundation does.

09:45:15 And I know that when they came in for the rezoning for that

09:45:20 school, with more room, and there was a little bit of a

09:45:25 neighborhood apprehension about it, I have got to tell you,

09:45:31 I was very impressed with the commitment that the team of

09:45:33 the construction and the building and the development of the

09:45:38 property made, because they didn't have to do some of the

09:45:41 things that they did, and I know it put a little bit of a

09:45:45 strain on the construction schedule to get it open in time

09:45:49 for the new school year.

09:45:54 But it's a tremendous testament to not only the cooperation




09:45:58 that exists between the families and the commitment and the

09:46:03 development and the charity to that neighborhood.

09:46:07 And I have got to tell you, I have not received any

09:46:10 complaints from anybody in the neighborhood.

09:46:13 So it's been a wonderful success.

09:46:15 So thank you very much for what you do.

09:46:19 It is a great institution that really helps that community.

09:46:24 Thank you.

09:46:24 >> Derrick Brooks: Thank you very much.

09:46:27 >>CHARLIE MIRANDA: Derrick, I have known you for quite

09:46:29 awhile and I admire you not just for being in the Hall of

09:46:34 Fame but for being a Hall of Fame person.

09:46:35 And you do everything the right way, and you without kids we

09:46:39 won't have a future.

09:46:40 You won't have future players at Florida State, future

09:46:43 educators at Florida State, future individuals on this

09:46:46 council for the mayor's office or government.

09:46:49 Thanks to individuals like yourself who give so much for

09:46:51 your city but really for all of us in America.

09:46:57 Thank you very much from the bottom of my heart.

09:46:59 >> Derrick Brooks: Thank you.

09:47:02 And for the greater good and at the same time I don't know

09:47:06 if I am more intimidated or more motivated.

09:47:09 [ Laughter ]

09:47:10 >>CHARLIE MIRANDA: Change chairs with me.




09:47:17 [ Laughter ]

09:47:19 >> Derrick Brooks: Thank you again.

09:47:21 It's obviously the work we do and a lot of great people

09:47:25 believe in that God is great in my heart, and I'm the first

09:47:32 to grab a shovel and start digging.

09:47:35 I think you get a lot of people on the same page that want a

09:47:40 common goal.

09:47:41 Thank you very much.

09:47:41 Again, good luck with the rest of the meeting.

09:47:46 [ Applause ]

09:47:47 >>CHARLIE MIRANDA: Okay.

09:48:00 Evidently it's going to be picture taking time.

09:48:04 I need approval of the agenda, of the addendum.

09:48:07 I have a motion by Mr. Cohen, second by Mrs. Mulhern.

09:48:11 All in favor of the motion please indicate by saying aye.

09:48:13 Opposed nay.

09:48:14 The ayes have it unanimously.

09:48:15 Okay.

09:48:16 We go to public comments on any item on the agenda that is

09:48:19 not set for public hearing.

09:48:21 But before that, I yield to Shirley Foxx-Knowles to clear up

09:48:26 something on the record, and she will explain.

09:48:28 >>SHIRLEY FOXX-KNOWLES: City clerk.

09:48:32 On February 6th, you discussed a motion made by

09:48:35 Councilwoman Capin and seconded by Councilwoman Mulhern on




09:48:40 December 5th relating to the sale of alcoholic

09:48:44 beverages.

09:48:47 The city clerk's office reviewed the video and transcript of

09:48:50 January 23rd, 2014, and found that the January 23rd,

09:48:57 2014 agenda and action agenda did not accurately reflect the

09:49:02 motion.

09:49:03 The motion should have read "legal department to appear and

09:49:07 provide a draft ordinance to chapter 6, business regulation,

09:49:13 City of Tampa code, regulating the sale of alcoholic

09:49:16 beverages, previously scheduled on December 5th, the

09:49:21 2013."

09:49:23 The correction has been made to the February 6th action

09:49:26 agenda and the minutes.

09:49:28 Thank you very much.

09:49:30 >>CHARLIE MIRANDA: Thank you very much.

09:49:31 I appreciate it.

09:49:33 Okay.

09:49:34 We now go to the public comments for any item on the agenda

09:49:37 that is not set for a public hearing.

09:49:39 All items not set for a public hearing.

09:49:42 The speakers will be asked to speak first on items on the

09:49:45 agenda and those who want to speak to items off the agenda

09:49:48 will speak next.

09:49:50 Anyone on the agenda, come forward now that is not set for

09:49:53 public hearing.




09:49:57 Hello?

09:50:05 >> Pete Johnson, 510 Harrison street.

09:50:17 I wish to bring to your attention that I am planning, if the

09:50:21 overhead will come on, I am planning on questioning the

09:50:25 city's policy not to follow state statute 162.03, I believe,

09:50:34 that all code cases not complied by the time the officers

09:50:40 set a date is required, shall have a hearing.

09:50:48 No more comment on that because it will probably end up in

09:50:51 court.

09:50:51 But I'll give you a reason, one of thousands of reasons why.

09:51:04 This property for 14 years has had the exact same code

09:51:09 violation because of overgrowth accumulation and other

09:51:16 things.

09:51:17 14 years, every case has been closed out without compliance.

09:51:23 Without proof of compliance.

09:51:28 Ash civil citation warning was issued.

09:51:31 In 31 days they transferred it to a 230 letter which is a

09:51:35 code case.

09:51:36 That is not according to the ordinance that you passed.

09:51:41 It should have within 21 days got a civil citation and gone

09:51:45 to court.

09:51:47 I'm sorry, but the sloppiness, the lack of supervision in

09:51:55 this department has gotten to the point that it is criminal,

09:52:02 the same people being accused of violations, run through the

09:52:06 mill, and nothing being a problem.




09:52:10 I have seen violations like this go on for 20, 30 years, and

09:52:19 every case is closed, and no accountability.

09:52:27 Before I die, I will see that the city abides by the Florida

09:52:34 State statute, and stop ignoring it.

09:52:38 Thank you.

09:52:39 >>CHARLIE MIRANDA: Thank you very much, sir.

09:52:41 Next, please.

09:52:50 >> Okay, I'm Ed, Ed Tillou, Sulphur Springs.

09:52:59 And I have looked at a lot of places, and I'm trying to

09:53:06 share some of that experience.

09:53:08 It's not like I have had to leave those places.

09:53:10 But I came here for -- I'll probably be going back.

09:53:18 But there was a case there, a fellow named Tichner.

09:53:24 I don't know his first name.

09:53:26 I was writing some things for William Donald Schaefer, and

09:53:30 he was up for a death penalty.

09:53:32 And it was a very sad kind of case because he had not been

09:53:36 able to find work, and his family had their needs, and there

09:53:42 was a robbery and the bad guy shot somebody and killed him.

09:53:46 And I was along.

09:53:47 Well, that's called death during a felony, and that's

09:53:53 something that happened, you know -- this thing isn't coming

09:53:58 on.

09:53:59 Okay, that's something that happened here recently, as a

09:54:02 result of the problems of the state fair.




09:54:04 And this was an article that was in the paper, and the

09:54:08 fellow, he seemed to be a nice kid.

09:54:10 But he, as a consequence of that problem, when you had 12

09:54:16 perpetrators of the riot that got caught, probably among the

09:54:20 99, but he was among the 99, and they said he hadn't done

09:54:24 anything.

09:54:25 Well, almost exactly the same thing happened in Howard

09:54:29 beach, in New York City, my dad's neighborhood, and two

09:54:34 guys -- it was called a hate crime, and many was still a

09:54:40 felony, and it was a death during a felony.

09:54:43 And what happened there was one guy got 18 years and another

09:54:47 guy got 15.

09:54:48 Now that's ten years with good behavior.

09:54:52 So, I mean, people got to start thinking along these lines,

09:54:55 because things are out of control.

09:54:58 This bears a little on item 10.

09:55:00 There's a fellow that drives along Nebraska Avenue at 5 a.m.

09:55:04 with some kind of super stereo system -- I mean not super

09:55:08 stereo system.

09:55:09 That is not really the problem.

09:55:11 Even though people come here about that.

09:55:14 He comes with no muffler, some kind of muffler that makes

09:55:19 the car louder than without a muffler.

09:55:22 And this guy drives up and down at 5 a.m.

09:55:24 So things are out of control, this lax city, and it very




09:55:31 much centers around the vehicles.

09:55:33 (Bell sounds)

09:55:34 So that then spins off, the president has spoken against

09:55:41 that, the comedian in the movie Borak, I mean, if people

09:55:48 want to be -- they are allowed to ride the buses and set

09:55:53 that as an example.

09:55:54 And the thing is, somebody seeing that might be in a

09:55:59 position to give somebody else's job, and it comes back to

09:56:04 that.

09:56:04 (Bell sounds)

09:56:05 So this is one reason the man in front of me was irate

09:56:09 because he thought that was discrediting the community.

09:56:13 >>CHARLIE MIRANDA: Thank you very much.

09:56:13 Next, please.

09:56:14 >> Good morning.

09:56:19 My name is Lindsay Padar, director of Florida State

09:56:25 THESPIANS.

09:56:28 I know several of you received letters from concerned

09:56:30 parents recently regarding a conflict between one block, one

09:56:33 city block in front of the Tampa Theatre during our

09:56:35 conference.

09:56:36 I just wanted to give a brief history.

09:56:40 I have lived in Tampa ten years and incredibly proud of this

09:56:43 city.

09:56:44 I have been attending the Florida State Thespian festival




09:56:48 for the past ten years.

09:56:49 The past two years I was the assistant state director and I

09:56:52 just took over the position of state director this past

09:56:55 October.

09:56:56 A little bit about Florida Thespians, we are going to be

09:56:59 celebrating our 25th year with the City of Tampa next

09:57:02 year.

09:57:03 We bring in over 7,000 people annually, putting 5,000 heads

09:57:08 in beds for five days annually in the City of Tampa.

09:57:12 It is the largest theater festival in the world, with 7,000

09:57:19 participants.

09:57:19 The majority of our participants are students.

09:57:22 And high school students.

09:57:24 The concern that we have is only the block right in front of

09:57:28 the Tampa Theatre. We use three main venues every year.

09:57:32 We use the Straz Center for performing arts, convention

09:57:35 center and Tampa Theatre.

09:57:36 The events we host in the Tampa Theatre are timed events and

09:57:40 they are judged.

09:57:41 So the students are on a very tight schedule.

09:57:45 And if they cannot mach their events on time, they are

09:57:47 disqualified.

09:57:49 And these are qualifying events for the national festival.

09:57:52 My concern is that the crowds in front of the Tampa Theatre

09:57:58 who will be in attendance for the criterion bike race that




09:58:02 Saturday, March 29th, will be in the way of my 7,000

09:58:05 students who have been working, some of them their entire

09:58:09 high school career to be able to participate in this

09:58:11 festival this year.

09:58:14 We have had meetings.

09:58:14 We had a meeting January 21st at the park and rec

09:58:19 office, John Bell, CEO and president of the Tampa Theatre

09:58:22 was in attendance with me, as well as several individuals

09:58:26 from the criterion organization, and Sharon Graham hosted

09:58:31 the meeting.

09:58:31 At that meeting, we came up with a compromise.

09:58:35 There was a consensus at the meeting that there was going to

09:58:38 be an issue of child safety.

09:58:40 And so the compromise was that we would move the race either

09:58:43 a block south or block east.

09:58:46 I was notified last Tuesday that the city has chosen to

09:58:50 leave the race directly in front of the Tampa Theatre and

09:58:56 add security.

09:58:59 And this is, I think, a good solution, except that it

09:59:03 doesn't solve the problem of the crowds.

09:59:06 So what I am asking is that I need some kind of assurance

09:59:10 that we are able to keep the spectators for the race at

09:59:13 least a block south.

09:59:16 If we keep the entire block of the Tampa Theatre clear as

09:59:19 well as the block south of the Tampa Theatre.




09:59:21 That is what I am asking.

09:59:24 >>CHARLIE MIRANDA: Thank you.

09:59:26 >>YVONNE CAPIN: Thank you.

09:59:27 You know, our chairman said, our youth is our future.

09:59:31 And here we have 20 years of this Thespian program being

09:59:40 here in Tampa, 7,000 students, and it does not sound at all

09:59:46 unreasonable to keep the sidewalks clear in front of that

09:59:53 building.

09:59:53 And that's what I hear you are asking.

09:59:55 >> That's what I'm asking, yes.

09:59:58 >>YVONNE CAPIN: And I'm surprised that it was allowed to be

10:00:01 scheduled on the same day.

10:00:02 >> I am, too.

10:00:05 >>YVONNE CAPIN: I am very, very surprised because this is an

10:00:07 annual event for the past 20 years.

10:00:11 And the race is, you know, these bikes are going 40 miles

10:00:17 per hour, there's beer in the park.

10:00:20 But more importantly, what you are asking is to clear the

10:00:28 crowd from in front, one block where the Tampa Theatre is.

10:00:33 Is that what you are asking?

10:00:34 >> I'm asking to clear that block.

10:00:36 I would also -- I don't know what their plans are at this

10:00:39 point, if the wet zone could be at the opposite end of their

10:00:45 event to keep the crowds and the beer as far away as the

10:00:48 Tampa Theatre is possible where I have 7,000 high school




10:00:51 students.

10:00:52 That would help as well.

10:00:54 >>YVONNE CAPIN: You know, one of the things that we found is

10:00:56 that a lot of events have to, in order to meet the expenses,

10:01:04 put up these beer gardens, and I understand, I have been on

10:01:07 the advisory board of the Humane Society, and one of their

10:01:12 events they moved downtown, and they are thinking that that

10:01:14 might be one of the ways that -- you know, here they are,

10:01:20 show off your pup day, and so one of the things here, I see

10:01:25 the answer from our chief of staff.

10:01:30 I have that here and I think we all got a copy of it.

10:01:33 And it said that the route further east or south, south

10:01:37 would be Ashley, which would cause more, and you can

10:01:41 visualize that, if they close Ashley, that would be maybe

10:01:47 another exit for the traffic.

10:01:50 But, anyway, going east to Marion street, the transit mall,

10:02:00 that would also cause -- that was also not a feasible

10:02:04 option.

10:02:05 But it didn't say why it wasn't a feasible option.

10:02:09 It just says it's not a feasible option.

10:02:15 I would like to hear from our council members if there's

10:02:18 anything that -- this is March 29th.

10:02:20 And maybe between now and March 29th we can ask the

10:02:23 Parks Department, and ask the transportation to come forth

10:02:28 and tell us why this is happening and why they can't




10:02:33 accommodate these 7,000 students that are here.

10:02:41 I see that it's a very short answer, three paragraphs is the

10:02:46 answer to the -- to the group from our chief of staff.

10:02:56 So I would like to hear -- I think you have a legitimate

10:03:03 request.

10:03:03 I don't think it's unreasonable to have both of them, you

10:03:08 know, if they are going to take place on the same day, even

10:03:11 though the calendar was very well aware that that this

10:03:15 annual event that has been taking place for 20 years is

10:03:18 happening on that same day, and they could not think to move

10:03:21 it to another day.

10:03:23 That seems unreasonable.

10:03:25 But being that it is on that day, I think your request is

10:03:30 very reasonable.

10:03:31 And I would like to hear about moving the beer garden from

10:03:37 the parks and rec -- should I make that as a motion?

10:03:42 >>CHARLIE MIRANDA: You can do whatever you like.

10:03:44 >>YVONNE CAPIN: I would like to move that we ask the Parks

10:03:47 and Recreation Department to come forth and also I would

10:03:53 like to hear from the chief of staff who wrote this

10:03:56 response, and the information where he gathered this from in

10:04:00 order to clear it up for us, and the transportation

10:04:03 department, and why we -- how can we accommodate?

10:04:10 Not why we can't.

10:04:11 How can we do this?




10:04:12 How can this help?

10:04:14 Is that clear?

10:04:16 No?

10:04:17 What date?

10:04:20 Well, this is March 29.

10:04:24 Can we do it for next week?

10:04:28 >> March 6th under staff reports.

10:04:29 >> Staff reports.

10:04:33 Thank you.

10:04:33 At 9:00.

10:04:35 >>CHARLIE MIRANDA: That's March 6th at 9:00.

10:04:36 Motion made by Mrs. Capin.

10:04:38 Seconded by Mrs. Mulhern.

10:04:39 Further discussion?

10:04:43 Let me ask this.

10:04:44 I'm not here to poll council members. I don't do that.

10:04:48 The public does that at election time.

10:04:50 I don't.

10:04:50 But I can tell you this.

10:04:51 I have met with chief of staff.

10:04:53 I have met with the administration, in essence.

10:04:55 They have assured me that there will be no interruption,

10:04:58 nothing is going to happen to the 7,000 students, just like

10:05:03 nothing happened when there was a national convention.

10:05:08 Just like what happened at Gasparilla when there was a




10:05:12 100,000 people downtown.

10:05:13 This city is a growing city and will have its challenges.

10:05:16 And this is one challenge that we have, and the growing

10:05:20 prospect of all the things happening.

10:05:22 And I would venture to say -- and I don't know this answer,

10:05:26 but I would venture to say that's not the only event or the

10:05:29 only two events that is happening in this city on that day.

10:05:36 I'm just making my statement.

10:05:38 >> Yes.

10:05:38 I think it's wonderful --

10:05:40 >>CHARLIE MIRANDA: Ma'am, please.

10:05:41 >> I'm done?

10:05:42 Okay.

10:05:43 >>CHARLIE MIRANDA: I'm done and you're done.

10:05:44 And I am not trying to -- you know what I mean?

10:05:47 I'm trying to get this meeting the best I can all the

10:05:49 information across.

10:05:50 Any further discussion by council members?

10:05:53 All in favor of the motion, please signify by saying aye.

10:05:56 Opposed nay?

10:05:57 Nay.

10:05:58 >> Thank you.

10:06:03 Okay.

10:06:06 Next.

10:06:06 >> My name is Adam Smith.




10:06:14 I live at 2206 Azeele street.

10:06:17 I'm here to discuss the ongoing issue with the enforcement

10:06:19 of the noise ordinance in SoHo which I guess would be item

10:06:23 10, but it's actually enforcement which is already down.

10:06:27 I'm sure you are all aware there's been ongoing problems in

10:06:30 this area for some time and progressively getting worse.

10:06:33 Initially, I attempted to speak to the managers, most time

10:06:36 the sound would be turned down.

10:06:37 But in recent amongst things changed.

10:06:39 The owners of bars are attempting to keep the customers

10:06:43 rolling in and that means loud amplified music on the

10:06:45 weekends in particular.

10:06:46 As one frustrated manager told me recently, the owners don't

10:06:50 care.

10:06:50 I'll be the one getting ticketed and I will have to go to

10:06:53 court, not them.

10:06:54 So I feel his pain and must be treated in a differently than

10:06:57 the rest of us.

10:06:58 They are violating the law, they must be held to account.

10:07:03 They are no better than the rest of us.

10:07:06 With no consistent help from bars with the loud noise, local

10:07:10 residents have launched a petition drive to solicit

10:07:13 signatures from Councilman Cohen and major Driskel of the

10:07:17 first police district.

10:07:19 One, to hold these businesses accountable when they violate




10:07:22 the law, and two, police officers who work in the district

10:07:25 and enforce the law of ordinances.

10:07:27 In the last three days, we have collected 76 signatures.

10:07:33 We have been told some disturbing effects of loud noise.

10:07:36 Two examples.

10:07:37 One, a new mother who was a block away cannot keep her baby

10:07:41 asleep because the noise from the music is so loud that it

10:07:44 shakes the walls.

10:07:45 Two, another homeowner explained that his wife must use ear

10:07:50 plugs on the weekends if she wants to get any slope.

10:07:54 People from a block away, bars, can still hear the music.

10:07:58 But there's been a lackluster police response.

10:08:01 On council I have had a police officer who responded in a

10:08:06 professional manner however, police officers have told

10:08:09 residents it's our own fault for living here.

10:08:12 Or my hands are tied, we can't do anything.

10:08:15 And even, we can't bring the sound here, the meter is tube

10:08:18 expensive.

10:08:19 Frankly, none of us need to be lectured by police officers.

10:08:23 All we want is for them to do their job.

10:08:25 If the police need legal guidance for changes in the

10:08:27 ordinances we expect the council to provide the tools for

10:08:30 them to work with.

10:08:31 On the other hand, if the police need adjustment in the way

10:08:37 they carry out their duties rear looking for the proper




10:08:41 motivation, and they can use the sound equipment provided to

10:08:43 them by the taxpayers and they would have a spreadsheet of

10:08:46 infractions these bars are making as I have in my hands with

10:08:49 me the information gathered.

10:08:55 Thank you for the time provided to me and the residents of

10:08:57 our community look forward to meeting with Councilman Cohen

10:09:00 and major Driskel in the future and the action we expect to

10:09:03 be taken.

10:09:05 >>CHARLIE MIRANDA: Thank you very much.

10:09:05 Mrs. Montelione, then Mr. Cohen.

10:09:07 >>LISA MONTELIONE: Mr. Smith, I have a question, because I

10:09:10 was unclear about one of the statements you made when you

10:09:12 said that managers were frustrated.

10:09:14 Which managers?

10:09:15 Are we talking about the managers of the clubs?

10:09:17 >> The managers of the bars.

10:09:19 I presented World of Beer, and the list of infractions with

10:09:25 me, and for a while they were turning the music down.

10:09:30 However, I felt it wags not my job to police them.

10:09:34 >> So the managers are frustrated, the owners don't care?

10:09:38 >> His words to me was its not the owners who are going to

10:09:41 go to jail or go to, could you it's me.

10:09:43 >> Well, I guess we have to talk with some of the operators

10:09:47 of the clubs, because wouldn't be the manager of the club

10:09:51 who is responsible for turning the music down?




10:09:53 >> Right.

10:09:54 >>LISA MONTELIONE: I am not pointing a finger --

10:09:59 >>Are the owners want to continue bringing in money and he

10:10:02 wants to keep his job.

10:10:04 If he loses money and the bar loses revenue, he will no

10:10:07 longer have a job.

10:10:07 >> Okay.

10:10:08 I think that sort of clears it up.

10:10:11 Then I know we have had issues with the noise meter issue

10:10:15 before, because from what I understand from previous times

10:10:18 we have talked about this, is there is not enough noise

10:10:21 meters to go around for all of the squad cars, so it depends

10:10:26 on who shows up.

10:10:26 >> Recently, the past three times I have called they have

10:10:32 never shown up with a sound meter, and I have even been told

10:10:36 it's too sensitive for them to use, or some other excuse

10:10:39 that I live too close to the bars and I shouldn't be

10:10:42 complaining.

10:10:42 >> Well, they shouldn't be telling you that to start with.

10:10:45 And we all know that.

10:10:46 But the noise meters, I know they have said that we have

10:10:50 heard testimony before from staff that there aren't enough

10:10:54 noise meters to go around to equip every squad car, but they

10:10:58 call another one that does have the noise meter, and I think

10:11:01 the too sensitive comment if I recall from previous




10:11:03 testimony, if we want to go to court to enforce the

10:11:09 ordinance, how the readings are taken have to be so precise,

10:11:16 and maybe some training that's needed to the officers, and

10:11:22 they shouldn't be telling you the meters are too sensitive.

10:11:24 We just need to make sure that the officers are trained so

10:11:28 they are taking the readings so that it stands up for any

10:11:34 legal action.

10:11:34 Thank you.

10:11:35 >>HARRY COHEN: Thank you, Mr. Chair.

10:11:36 I just wanted to let the council members know that Mr. Smith

10:11:40 and my legislative aide and I had a meeting this past week

10:11:46 about this issue.

10:11:47 I also met with the Historic Hyde Park neighborhood

10:11:52 association regarding it.

10:11:53 And we are attempting to try to facilitate some things that

10:11:59 shall we can help with particularly with TPD.

10:12:01 So we are working on that.

10:12:03 And we'll let everyone know how that progresses.

10:12:08 >>CHARLIE MIRANDA: Any other council members?

10:12:09 Thank you very much.

10:12:10 Next, please.

10:12:10 >> Thank you for your time.

10:12:21 >>> My name is Julia van mullson, I own property at 2402

10:12:30 west Azeele street.

10:12:32 I'm here to share my own experience and those of others in




10:12:36 my community.

10:12:36 In December I starred waking up at 7 a.m. to construction

10:12:39 noises coming from South Howard.

10:12:41 I met with the Tampa city planning and development office to

10:12:44 find out the date it has begun, a quarter million dollar

10:12:49 construction without any building permits.

10:12:53 Now they are building, a stage that has been moved closer to

10:12:59 my house.

10:13:01 The city official even told us that they did not even visit

10:13:06 the site when they approved the plan.

10:13:11 I also found out the makeshift stage has been open air six

10:13:17 months out of code.

10:13:19 The portable players in the parking locality were against

10:13:23 code but I was told it was not fighting.

10:13:26 The dumpster had been missing for a time and then

10:13:28 overfilled.

10:13:29 I'm asking that you do not approve this plan to build a new

10:13:32 stage closer to my home.

10:13:38 I have made endless noise and parking complaints with mixed

10:13:41 results and taken a serious personal toll on my life.

10:13:48 The feedback from my neighbors, they feel helpless, and they

10:13:53 feel lick they have to move out of the neighborhood.

10:13:57 Even residents who have been here for seven years, say

10:14:00 nothing has ever been done.

10:14:01 And now the stand has been built on Azeele Street without




10:14:06 consideration of those residents who have to live within

10:14:08 feet of those.

10:14:10 The litter and garbage all over the ground.

10:14:13 It's disgusting.

10:14:15 All of the residents.

10:14:16 No one picks it up.

10:14:19 Thank you for your time.

10:14:21 >>CHARLIE MIRANDA: Thank you very much.

10:14:22 Anyone else that cares to speak to the council regarding any

10:14:28 item on the agenda or off the agenda?

10:14:30 Ms. Montelione.

10:14:30 >>LISA MONTELIONE: This is to Julia's problem with

10:14:35 construction services.

10:14:37 I thought I saw Thom Snelling here before.

10:14:49 He left.

10:14:50 I would like to have Thom Snelling speak with Julia.

10:14:55 Julia, if you can talk to my legislative aide or contact my

10:14:59 office, I'll put you in touch with the folks over at

10:15:02 building services and we can maybe address some of the

10:15:04 questions you have.

10:15:08 Okay?

10:15:08 You're welcome.

10:15:09 >>CHARLIE MIRANDA: Anyone else?

10:15:10 >> Susan Long, 921 East Broad Street.

10:15:21 As all of you know, there was a huge fire in Seminole




10:15:24 Heights that decimated the building.

10:15:29 Reading the newspaper, it's all about Domani's of the

10:15:34 unfortunately throws a whole familiar lip that lost their

10:15:37 livelihood about that fire.

10:15:38 They also had no insurance, and they lost most of their

10:15:41 inventory.

10:15:42 As you know, soaking wood furniture and upholstered

10:15:45 furniture in water 250,000 gallons of water for a day

10:15:49 doesn't do a lot of good.

10:15:52 We in Seminole Heights have gotten together and helped

10:15:54 recover as much, much that inventory as possible, helped

10:15:57 them in any way.

10:15:58 The Seminole Heights foundation has set up a fund dedicated

10:16:02 strictly to providing resources to those families that have

10:16:05 been impacted or lost their income due to the fire, not only

10:16:10 are we talking about the owners but the people who work

10:16:12 there no longer have jobs.

10:16:15 Just one night you wake up and you are unemployed for a

10:16:19 reason you don't have any control for.

10:16:20 We would like you to spread the word to anybody that you

10:16:22 know, oh donate half of your income -- no, I'm kidding.

10:16:29 All of your income.

10:16:31 No.

10:16:31 [ Laughter ]

10:16:32 Donate, spread the word, tell everybody, because these




10:16:35 people are in really, really sad financially now.

10:16:39 And I believe one business had insurance and the other did

10:16:44 not.

10:16:44 But it takes over a month to get that insurance in.

10:16:47 In the meantime they have no income, no livelihood.

10:16:50 Thank you.

10:16:51 >>CHARLIE MIRANDA: Thank you very much.

10:16:51 Anyone else in the audience care to speak on the public

10:16:54 portion for three minutes?

10:16:55 I see no one.

10:16:57 We go now to requests of consideration of any legislative

10:17:02 matter that this council passed the previous week.

10:17:05 Anyone in the public care to consider or for council to

10:17:08 reconsider any actions from the last council meeting?

10:17:12 I see no one.

10:17:13 We go to staff reports, unfinished business.

10:17:17 Clerk?

10:17:17 >>SHIRLEY FOXX-KNOWLES: Good morning again.

10:17:29 Shirley Foxx-Knowles, city clerk.

10:17:32 I'm here regarding items 4 through 9, board appointments.

10:17:37 The first one has to do with the affordable housing advisory

10:17:47 committee.

10:17:49 We have three positions and one applicant.

10:17:53 And we will have to readvertise for the other two positions.

10:17:59 Mr. Matthew McGahren,.




10:18:12 >> Matthew McGahren, clinical social worker here in

10:18:16 Florida, and I am currently employed with the veterans

10:18:18 health administration.

10:18:20 And I'm interested in becoming a part of the affordable

10:18:23 housing committee.

10:18:25 My current work now with the Veterans Administration is in

10:18:27 the homeless program.

10:18:28 I do a lot of work with them.

10:18:31 The community working with the homeless people in the area

10:18:34 as it is, the current position is a national position where

10:18:37 I do a lot of consultation with transitional housing, all

10:18:41 across the country, and in Tampa in particular.

10:18:44 And one of our main concerns is that affordable housing

10:18:57 after their treatment.

10:19:00 And this is something that I can get involved with and

10:19:03 hopefully sort benefit to the council, and I could learn

10:19:10 some things in the process.

10:19:11 I appreciate the opportunity.

10:19:17 >>CHARLIE MIRANDA: Comments by council members?

10:19:19 >> Move to approve.

10:19:20 >>CHARLIE MIRANDA: Motion by Mr. Reddick.

10:19:22 Seconded by Mr. Cohen.

10:19:23 That was easy.

10:19:25 All in favor?

10:19:27 Opposed?




10:19:27 The ayes have it unanimously.

10:19:28 >>SHIRLEY FOXX-KNOWLES: As I noted we will have to

10:19:36 readvertise for the other two positions.

10:19:40 Moving on to item number 5.

10:19:45 This is for the Architectural Review Commission of the we

10:19:48 have the incumbent Donna Lee Bailey, requesting a

10:19:51 reappointment.

10:19:53 We have one position, and the incumbent.

10:20:05 >> Thank you for appointing me two years ago as the

10:20:08 alternate on the ARC.

10:20:10 And if you will have me I will serve again.

10:20:12 >> Motion to approve.

10:20:16 >> Second.

10:20:16 >>CHARLIE MIRANDA: Motion by Mr. Reddick, second by Mr.

10:20:19 Cohen.

10:20:19 All discussion by council members?

10:20:22 All in favor?

10:20:23 Opposed?

10:20:24 The ayes have it unanimously.

10:20:25 Thank you very much.

10:20:26 >>SHIRLEY FOXX-KNOWLES: Moving on to item number 6 for the

10:20:39 Code Enforcement Board, we have one position, the incumbent,

10:20:45 Joe Camano is asking for reappointment. He sent a note

10:20:51 saying he could not be here, but he's asking for

10:20:53 reappointment.




10:20:57 >>CHARLIE MIRANDA: Any comments by council members?

10:20:58 >> Motion to approve.

10:21:02 >> Second.

10:21:03 >>CHARLIE MIRANDA: Motion by Mr. Reddick, second by Mrs.

10:21:05 Capin on a close vote with Mrs. Montelione.

10:21:07 All in favor?

10:21:09 Opposed?

10:21:09 The ayes have it unanimously.

10:21:10 >>SHIRLEY FOXX-KNOWLES: Thank you, council.

10:21:13 Going to the next item, item number 7,

10:21:16 The equal business opportunity advisory council.

10:21:20 We have three positions available, but we have no

10:21:24 applicants.

10:21:25 So we will readvertise.

10:21:36 Moving on to item number 8.

10:21:38 For the Historic Preservation Commission.

10:21:42 We have one applicant and one position.

10:21:50 Devin Barrs.

10:21:53 We have a letter from Devin Barrs requesting reappointment.

10:21:58 She has a conflict this morning and can't be here.

10:22:01 She's asking for reappointment.

10:22:03 >> Move approval.

10:22:05 >> Second.

10:22:05 >> Motion by Mr. Cohen for approval.

10:22:08 Seconded by -- well, I got a bunch.




10:22:19 I'll take the heat.

10:22:20 I got Mr. Cohen for the motion, second by Mrs. Montelione on

10:22:23 a close vote with Mrs. Capin.

10:22:25 Further discussion by council members?

10:22:28 All in favor?

10:22:28 Opposed?

10:22:29 The ayes have it unanimously.

10:22:30 >>SHIRLEY FOXX-KNOWLES: Thank you, council.

10:22:33 And lastly, item number 9, for the Variance Review Board.

10:22:41 We have two applicants.

10:22:42 Mr. Joe Citro and Susan Long for the one position.

10:22:49 And Mr. Citro would like to come up.

10:22:54 >> Good morning, Mr. Chair, board members, Joseph Citro,

10:23:00 4015 Bayshore Boulevard.

10:23:02 I thank you for checking my application for full board

10:23:07 member for the review board.

10:23:10 I have served the citizens of Tampa under three mayors, Dick

10:23:13 Greco, Pam Iorio, and Bob Buckhorn.

10:23:16 I started my career as a civil servant for the City of Tampa

10:23:21 with the civil service board.

10:23:23 I served that board for two years.

10:23:26 One year I served as chair.

10:23:28 At the same time, I started as magistrate for the Code

10:23:32 Enforcement Board for the City of Tampa.

10:23:35 I was magistrate for that board for nine years.




10:23:40 The last 13 months, 14 months, excuse me, I have been a

10:23:43 member of the Variance Review Board for the City of Tampa as

10:23:47 an alternate member.

10:23:49 Today I'm asking that you appoint me as a full board member.

10:23:54 Over my 13 year career, I have made many, many decisions for

10:23:57 the City of Tampa.

10:23:59 I heard many cases involving violations of code.

10:24:08 In my 13 years of service, I have only missed one board

10:24:11 meeting due to illness.

10:24:16 I have honor and respect for the City of Tampa, and I would

10:24:19 thank you if you appointed me as a full member of the

10:24:21 Variance Review Board.

10:24:23 Thank you very much.

10:24:25 >>CHARLIE MIRANDA: Any comments by council?

10:24:26 Thank you very much, sir.

10:24:26 >> Thank you, Mr. Chair.

10:24:29 >>SHIRLEY FOXX-KNOWLES: Thank you.

10:24:32 Dr. Susan Long.

10:24:36 >> Susan Long.

10:24:42 I reside at 921 East Broad Street.

10:24:44 And I would like to be made a regular member or full member

10:24:48 of the Variance Review Board.

10:24:51 The position has been neighborhood person to represent the

10:24:55 residents of the city.

10:24:56 As you know I have resided in Tampa for 32 years, in the




10:24:59 last ten years have become very active in the city.

10:25:02 I have been on the code enforcement citizens advisory

10:25:06 committee for code enforcement.

10:25:08 I have been on the code board and chaired the public

10:25:11 Nuisance Abatement Board.

10:25:12 I am currently the mayor's -- in the mayor's neighborhood

10:25:16 university and alternate on VRB.

10:25:18 My background includes a Ph.D. in finance, statistics and

10:25:22 economics, and I have over 35 years of teaching at the

10:25:24 college level ranging from undergraduate to the doctoral

10:25:28 level.

10:25:28 For the last five years, I have taught finance statistics

10:25:31 and accounting in an accelerated MBA program.

10:25:35 I also own a small consulting business that predominantly

10:25:38 provides expert witness work for attorneys in the areas of

10:25:41 statistics and economics and I have two grown children, one

10:25:44 of whom still resides in Tampa.

10:25:46 I have been involved in all three civil rights neighborhood

10:25:48 associations.

10:25:49 I was chair of the Old Seminole Heights code enforcement.

10:25:52 I have been president and treasurer of Old Seminole Heights.

10:25:58 I lost my place, of course.

10:26:00 I was also co-chair of the committee for two or three years.

10:26:07 In Seminole Heights I'm one of the three or have been one of

10:26:10 the three organizing committee members for the taste of




10:26:14 Seminole Heights.

10:26:16 And less frequently I have worked with south Seminole

10:26:18 Heights.

10:26:20 My interest in the Variance Review Board started about ten

10:26:23 years ago when the land use Seminole Heights land use

10:26:26 committee which represented all three neighborhoods would be

10:26:28 get together anytime any property in Seminole Heights came

10:26:33 up for wet zoning, variances, any of those types of things.

10:26:40 In more recent years, I have been invited by Old Seminole

10:26:42 Heights neighborhood association, some of the Old Seminole

10:26:45 Heights association land use to advice them on the

10:26:48 repercussions and impacts that they would have on various

10:26:53 variances or wet zonings, et cetera that have come up.

10:26:57 The Seminole Heights foundation, I'm a founding member of

10:27:00 that.

10:27:00 Also on board and treasurer in that organization, currently,

10:27:05 as I just told you, trying to raise money to help the

10:27:08 victims of the fire on Florida Avenue.

10:27:11 This appointment is for a neighborhood person.

10:27:12 And given my activities, I feel that I qualify.

10:27:17 Having been an alternate on VRB, I work well with the other

10:27:21 members, and feel I'm qualified for the permanent position.

10:27:23 I respectfully request you appoint me to fill the vacant

10:27:28 position on VRB.

10:27:30 Thank you.




10:27:31 >>CHARLIE MIRANDA: Thank you very much.

10:27:38 >>SHIRLEY FOXX-KNOWLES: Council, you are being given a

10:27:42 ballot.

10:27:42 If you could choose one.

10:27:44 Thank you.

10:28:59 >>CHARLIE MIRANDA: No, we are not in recess.

10:29:01 Our competent city clerk is acting as our CPA.

10:29:28 >>SHIRLEY FOXX-KNOWLES: The individual selected for the

10:29:29 Variance Review Board is Dr. Susan Long.

10:29:33 Thank you.

10:29:35 >>CHARLIE MIRANDA: Thank you very much.

10:29:35 And we appreciate both of you.

10:29:37 Highly both qualified, and looking for service from both of

10:29:44 you in different committees.

10:29:45 Thank you for doing this.

10:29:47 Okay.

10:29:47 We go to item number 10.

10:29:49 And I believe this is asked for continuation to March

10:29:56 20th.

10:29:56 Am I correct?

10:29:57 >>REBECCA KERT: Legal department.

10:30:01 I did file a request last Friday requesting an additional 30

10:30:05 days to March 20th, 2014, as City Council will recall,

10:30:09 you had --

10:30:10 >>CHARLIE MIRANDA: I'm sorry, I need a motion for the




10:30:12 approval of Dr. Long.

10:30:16 Motion by Mr. Reddick, seconded by Mrs. Capin.

10:30:19 All in favor?

10:30:20 Opposed?

10:30:21 The ayes have it unanimously.

10:30:23 I'm sorry.

10:30:23 >>REBECCA KERT: Yes.

10:30:25 I do recall last month there was a report on motor vehicle

10:30:28 noise regulations as well as your noise regulations from

10:30:31 structures.

10:30:31 City Council made a motion based upon that report to city

10:30:35 staff to see whether or not we could make the regulations

10:30:40 you currently have in place easier to understand and enforce

10:30:42 to see whether or not there's any way to strengthen those

10:30:45 regulations.

10:30:46 We did meet, and we do have some ideas and we were hoping to

10:30:49 bring it back in 30 days because I know council as well as

10:30:52 the citizens are very eager touch, as well as the police

10:30:55 department, are very eager to have additional tools to deal

10:30:57 with this nuisance issue.

10:30:59 However, once we started making some of the changes,

10:31:03 effectuated additional changes which effectuated additional

10:31:06 changes, it's a very complicated issue, and we needed

10:31:09 additional time before we are prepared to present it to you.

10:31:11 So I respectfully request a continuance to March 20th.




10:31:16 >>CHARLIE MIRANDA: Comments by council members?

10:31:17 I need a motion for continuance.

10:31:20 I have a motion by Mr. Cohen.

10:31:21 Seconded by Mrs. Capin for March 20th on item number 10.

10:31:25 All in favor of the motion?

10:31:26 Opposed?

10:31:27 The ayes have it unanimously.

10:31:29 Number 11.

10:31:30 Mr. Reddick.

10:31:30 >>FRANK REDDICK: Mr. Chair, I am satisfied with the

10:31:38 response and no need.

10:31:41 >>CHARLIE MIRANDA: Thank you very much.

10:31:42 Item number 12.

10:31:43 Seems to me like there's also an ask for a continuance to

10:31:48 March 27th.

10:31:50 The year 2014.

10:31:52 That would be, at 9 a.m. under staff reports.

10:31:59 >>FRANK REDDICK: More move to continue to March 27, 2014 at

10:32:05 9:00.

10:32:06 >>CHARLIE MIRANDA: Seconded by Mr. Cohen.

10:32:08 All in favor?

10:32:08 Opposed?

10:32:09 The ayes have it unanimously.

10:32:10 Yes, ma'am.

10:32:12 Item number 13.




10:32:13 >> City attorney's office.

10:32:19 This item was continued from your February 6th consent

10:32:22 agenda, and thank you for your indulgence on that.

10:32:27 On Monday, I submitted a substitute resolution agreement to

10:32:30 you.

10:32:31 If there are any questions on that, I'm here to answer them.

10:32:33 Otherwise, I request your approval of the substitute

10:32:36 regulation.

10:32:37 >>CHARLIE MIRANDA: Any question by council members?

10:32:39 Need a motion to approve the resolution.

10:32:43 Motion by Mr. Reddick, second by Mr. Cohen.

10:32:46 All in favor of the motion?

10:32:49 Opposed?

10:32:49 The ayes have it unanimously.

10:32:51 Okay.

10:32:53 Items to be removed are from the consent agenda.

10:32:55 Any council members?

10:32:59 Before I go into committee reports, consent agenda, items 14

10:33:04 through 35, I would like to hold those so we can get those

10:33:08 individuals who are paying somebody to be here to represent

10:33:11 them.

10:33:15 We go to item number 36.

10:33:31 Need a motion to open 36, and 37, and 42, and 43.

10:33:38 >>MIKE SUAREZ: So moved.

10:33:41 >>HARRY COHEN: Second.




10:33:43 >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by Mr. Cohen

10:33:45 on those items.

10:33:46 All in favor?

10:33:47 Opposed?

10:33:47 The ayes have it unanimously.

10:33:48 Item 36 is a non-quasi-judicial.

10:33:51 Let me stop here and say that anyone who is going to speak

10:33:55 on items 37 through 43, and that includes 38, 39, 40, 41,

10:34:06 these are all quasi-judicial and must be sworn in before you

10:34:09 speak.

10:34:11 Or anyone thinking of speaking on those items, please rise,

10:34:15 raise your right hand and be sworn in.

10:34:17 (Oath administered by Clerk)

10:34:26 >>MIKE SUAREZ: Mr. Chair, if you could repeat that again.

10:34:28 Some of the members of the public probably didn't understand

10:34:30 that they have to stand and be sworn if they want to speak

10:34:33 on any item on the agenda.

10:34:36 >>CHARLIE MIRANDA: Any item on the agenda, that 36 is not

10:34:41 one of.

10:34:42 That's nonquasi-

10:34:45 But to speak on 37, 38, 39, 40, 41, 41, and 43.

10:34:53 Those items are items that you have to be sworn in.

10:35:00 They are quasi-judicial.

10:35:02 I am going to ask again if you are going to speak on any

10:35:04 item, 37 through 43, please rise and be sworn if you have




10:35:10 not been sworn in earlier.

10:35:11 (Oath administered by Clerk)

10:35:15 Okay.

10:35:24 We go to item number 36.

10:35:28 You want something, Mr. Michelini?

10:35:30 >>STEVE MICHELINI: Yes, sir.

10:35:31 Since number 42 is a request for continuance based on the

10:35:36 staff review, I would like to respectfully request that we

10:35:39 continue to May 15th.

10:35:41 >>CHARLIE MIRANDA: Which is that one?

10:35:43 >>STEVE MICHELINI: Number 42.

10:35:45 >>CHARLIE MIRANDA: How many continuances have we had on

10:35:46 this?

10:35:47 >>STEVE MICHELINI: I have had one continuance.

10:35:49 When we revised the site plan the staff recommended we go

10:35:52 back for additional staff reviews on the site plan.

10:35:57 >>CHARLIE MIRANDA: Anyone in the audience care to speak on

10:35:58 the continuance portion only of item number 42, the

10:36:02 continuance portion only?

10:36:05 Give me that date again.

10:36:07 >>STEVE MICHELINI: May 15th at 9:30 a.m.

10:36:10 >>CHARLIE MIRANDA: May 15, 9:30 a.m.

10:36:15 Okay.

10:36:17 The clerk wants to make that at 10:30, public hearing and so

10:36:20 forth like it's set today.




10:36:22 >>STEVE MICHELINI: That's fine.

10:36:24 Thank you.

10:36:25 >>CHARLIE MIRANDA: Once more, anyone care to speak on the

10:36:27 continuance portion of that?

10:36:28 I need a motion from council.

10:36:30 >> Move to continue.

10:36:32 >> Second.

10:36:32 >>CHARLIE MIRANDA: Item 42 to continue, made by Mr. Reddick,

10:36:36 seconded by Mrs. Capin to continue to May 15th, the year

10:36:41 2014 at 10:30 in the morning.

10:36:43 Thank you very much, sir.

10:36:45 We go to item number 36.

10:36:50 36.

10:36:52 This item has been opened up for second reading, proposed

10:36:57 ordinance.

10:36:57 Anyone in the audience care to speak on item number 36?

10:37:01 Yes, sir.

10:37:03 >>DENNIS FERNANDEZ: Historic preservation manager.

10:37:05 Asking to move the item for the update to the Barrio Latino

10:37:09 commission ordinance for second reading.

10:37:12 If you have any questions I am happy to answer those.

10:37:14 >>CHARLIE MIRANDA: Anyone in the audience care to speak on

10:37:16 item number 36?

10:37:17 36?

10:37:18 >>FRANK REDDICK: Move to close.




10:37:23 >>CHARLIE MIRANDA: Mr. Cohen seconded it.

10:37:25 All in favor of the motion?

10:37:26 Opposed?

10:37:27 The ayes have it unanimously.

10:37:28 Mr. Suarez, would you kindly take number 36, please?

10:37:31 >>MIKE SUAREZ: I present an ordinance for second reading

10:37:35 and adoption, an ordinance of the city of Tampa, Florida

10:37:37 making comprehensive revisions total City of Tampa code of

10:37:41 ordinances chapter 27, zoning and land development, by

10:37:44 repealing and readopting chapter 27, article 2, subdivision

10:37:49 1, Barrio Latino commission, Ybor Historic District, to

10:37:53 amend and reorganize provisions, repealing all ordinances or

10:37:57 parts of ordinances in conflict, providing for providing an

10:38:00 effective date, providing an effective date.

10:38:01 >>FRANK REDDICK: Second.

10:38:03 >>CHARLIE MIRANDA: Motion for approval on second reading by

10:38:06 Mr. Suarez, seconded by Mr. Reddick.

10:38:08 Roll call vote.

10:38:09 Vote and record.

10:38:21 >>THE CLERK: Motion passed unanimously.

10:38:24 >>CHARLIE MIRANDA: Thank you very much.

10:38:25 Now on items 37 through 42, need a motion to receive and

10:38:30 file any and all documents that were submitted prior to

10:38:33 this.

10:38:33 Motion by Mrs. Montelione.




10:38:35 Second by Mr. Cohen.

10:38:36 All in favor of the motion?

10:38:38 Opposed?

10:38:38 The ayes have it unanimously.

10:38:40 Thank you very much.

10:38:40 Item number 37.

10:38:41 Yes, ma'am.

10:38:43 >>GLORIA MOREDA: Land development.

10:38:44 This concerns property at 909 West Kennedy Boulevard.

10:38:48 I have not certified the revised site plan.

10:38:52 There was new site plan submitted yesterday.

10:38:56 There have been modifications to the request over the last

10:39:00 week and I just wanted to review that with council.

10:39:04 >>MARTIN SHELBY: I'm sorry to interrupt, Ms. Moreda, if I

10:39:06 can.

10:39:07 I believe, Mr. Miranda, you have an intention to abstain?

10:39:11 >>CHARLIE MIRANDA: Yes, I do, Mr. City Council attorney, Mr.

10:39:15 Shelby.

10:39:17 You know, I look into the audience, and I am know most of

10:39:19 the people.

10:39:20 One of them I know very well.

10:39:22 And happens to be a family member of mine presenting some

10:39:26 case.

10:39:27 I have never discussed this case with him.

10:39:29 And, therefore, it's like being a judge in a courtroom.




10:39:34 If I were a judge, which I'm not, and he was a lawyer, which

10:39:37 he is, presenting a case to me, I don't think I should hear

10:39:41 that case just like I don't think I should hear this case.

10:39:43 >> And be filing the appropriate form?

10:39:47 >> Yes, I will.

10:39:48 >>MARTIN SHELBY: Thank you very much.

10:39:49 >>HARRY COHEN: Ms. Moreda.

10:39:55 >>GLORIA MOREDA: The changes that occurred this week is the

10:39:57 applicant requested the fire marshal to do an inspection of

10:40:00 the property and to issue an occupancy calculation.

10:40:05 The fire marshal has come back with the inside occupant

10:40:09 level of 16 persons and 32 on the outside.

10:40:14 As a result, it will require 23 off-street parking spaces.

10:40:21 The revised site plan does show 20 parking spaces on-site,

10:40:26 one handicapped, nine standard, and ten compact.

10:40:30 They are still needing a waiver.

10:40:32 The required number of parking spaces to the 20, which

10:40:36 represents a 13% reduction.

10:40:40 As a result, the transportation, planning section has no

10:40:43 objection with that waiver request.

10:40:48 In terms of council's original motion was to do the design

10:40:52 exception to accommodate any required parking --

10:40:59 >>MIKE SUAREZ: Mrs. Moreda, there needs to be a waiver for

10:41:04 three parking spaces?

10:41:06 >>GLORIA MOREDA: Three parking spaces.




10:41:08 But they had part of council's original motion was that they

10:41:11 deal with the design, submitted design exception, the

10:41:14 balance of the parking approved through that mechanism.

10:41:18 While they do submit a request for design exception early

10:41:22 this week, it was not a site that could be approved.

10:41:25 So they are still needing the waiver of the required

10:41:27 parking, as well as council, just to refresh your memory,

10:41:35 that the distance separation requirements are still in

10:41:38 place.

10:41:38 They are reducing it from 250 feet from other AB

10:41:46 establishments as well as the residential from 250 to 177.

10:41:52 And then the revision total off-street parking reductions

10:41:56 from 23 spaces down to 20.

10:42:00 They satisfy the requirements of the compact spaces, and

10:42:06 transportation is also not objecting to the access to the

10:42:10 local streets.

10:42:11 I do have the revised site plans here that I can allow you

10:42:16 to look at.

10:42:16 But I am understanding that it would need to go back to

10:42:21 first reading for acceptance and then two weeks later --

10:42:24 >>HARRY COHEN: And that was my question to Mr. Shelby.

10:42:27 So we are actually going back to first reading on this now?

10:42:30 >>MARTIN SHELBY: It appears so based on what Mrs. Moreda

10:42:33 has told you.

10:42:34 We have a new site plan and it is revised.




10:42:36 And there are differences between this and the first

10:42:41 hearing.

10:42:42 And it will be -- after discussing this with the legal

10:42:45 department, it appears that the appropriate thing to do

10:42:47 would be take it back to first reading.

10:42:49 >>HARRY COHEN: So as would follow the protocol on any

10:42:55 public hearing, we are going to hear from the petitioner for

10:42:59 15 minutes, and then we will hear from the public, and then

10:43:04 we will hear from rebuttal.

10:43:18 >> Victor DiMaio.

10:43:20 I'm the representative for the petitioners for the Outpost

10:43:24 restaurant, 909 West Kennedy Boulevard.

10:43:27 I would like to introduce our team, if you don't mind, so

10:43:30 you can stand and be recognized.

10:43:34 Mike DiAugustine, a university of graduate.

10:43:40 Fred Miranda.

10:43:41 Next to him is our legal counsel.

10:43:44 Russ.

10:43:45 Next to him is one of the partners. And Charlie Allen is

10:43:48 back there, one of the new partners.

10:43:52 Mike Hutchinson, where is Mike?

10:43:55 Mike is back there.

10:43:57 He did all the site plan work.

10:43:58 And he developed the property where the restaurant is and

10:44:08 across the street from the -- where the Edison is.




10:44:12 Our fourth partisan is not here today, he's in the hospital,

10:44:14 Scott is in the hospital today, and we are going to say a

10:44:17 prayer for him.

10:44:18 Hopefully he gets better and gets out here soon.

10:44:21 The site plan modifications are extremely minor.

10:44:26 We agreed at the request of Yolie Capin, Councilwoman

10:44:32 Capone, concerning the noise situation, that it's on the

10:44:36 site plan, that we will no longer have outside music past

10:44:42 11:00.

10:44:44 We are for the to have the fire marshal come up and give us

10:44:49 a lower count on the occupancy load which reduced our

10:44:52 parking from 30 down to 23.

10:44:55 And as you heard from Gloria, she was -- the city staff has

10:45:02 no objection to waiving those last three spots.

10:45:04 We did try desperately to look for outside parking but we

10:45:08 weren't successful.

10:45:09 I have copies of the occupancy load here for your

10:45:12 inspection.

10:45:14 And I wanted -- to go over real quick for the benefit of

10:45:20 Councilwoman Mulhern who wasn't here last time, this is the

10:45:24 original site plan before we did any modifications.

10:45:26 We have five parking spots that we lost.

10:45:28 We had four on the right-of-way, and we had another here

10:45:33 where we are going to be moving the dumpster from the side

10:45:35 of the building over to the front and then enclosing it into




10:45:38 an enclosure.

10:45:38 We are going to return this parking here to the city, and as

10:45:44 you can see by the site plan, we are going to landscape all

10:45:48 this property down here.

10:45:49 We are going to complete the sidewalk all the way from north

10:45:52 bay all the way to Kennedy so it will be complete sidewalk

10:45:55 for walking traffic.

10:45:56 And the entire front end, we are going to put the little red

10:46:00 brick trim you see from the railroad tracks all the way down

10:46:03 to downtown.

10:46:04 The little red brick trim, and to kind of complete the

10:46:07 Kennedy overlay look that's there.

10:46:09 We are going to have a small strip of landscaping here.

10:46:12 We are going to have grass here.

10:46:13 And then we are having a new concrete apron poured as well

10:46:17 over there.

10:46:18 We reduced the 68% which is over 65% on the compacter,

10:46:24 that's why we don't need a waiver for.

10:46:26 That there's one lone house back here where a few students

10:46:30 live.

10:46:30 That's our 177 feet waiver for that house.

10:46:34 Right in front of us across the street is the Edison

10:46:37 restaurant, the 151st.

10:46:40 We talked about for the other AB establishment.

10:46:45 And like you said, we were able to, thanks to Mike




10:46:49 Hutchinson, able to restripe this and get 20 spots out of

10:46:52 here.

10:46:53 And more importantly, I wanted -- Councilwoman Capin and

10:47:00 Councilman Reddick, we were discussing the parking.

10:47:02 We decided to look for extra parking, but the lots we chose

10:47:08 were not accepted for different reasons.

10:47:09 However, I did speak to Debby Harrington and Melanie

10:47:14 Calloway in the parking department, and came up with a way

10:47:18 of striping the street.

10:47:20 So I in the site plan, we are going to go ahead and stripe

10:47:23 the street to get eight more parking spots on Edison from

10:47:27 Kennedy all the way to north B, which was heretofore not

10:47:31 striped at all.

10:47:32 So right now there's about 15 cars, because on the east side

10:47:38 of the street it has "no parking" signs and on the west side

10:47:42 of the street on Edison people park all day long.

10:47:45 So we are going to take it upon ourselves to pay for that on

10:47:49 the right-of-way to have eight legal parking spots on the

10:47:52 street.

10:47:52 So we are asking for the waiver, and technically don't

10:47:55 count.

10:47:56 We are going to have eight additional spots on the street

10:47:57 that we can use.

10:47:58 And anybody can use them.

10:48:01 To be quite frank there's nothing else going on.




10:48:03 There's just the enterprise rent a car lot, they have their

10:48:06 own parking, the Verizon building which is more of a service

10:48:08 building and they have their own parking and the University

10:48:10 of Tampa has a big parking lot back here.

10:48:13 So the chances are that the parking locality that's on the

10:48:17 street will be used by the Outpost restaurant here on

10:48:20 Kennedy.

10:48:22 So I wanted to show you that to give you an idea of those

10:48:24 parking spots on the street that we are going to pay to have

10:48:27 striped.

10:48:29 I have some pictures to show you, a couple of shots from the

10:48:33 restaurant.

10:48:35 For those of you that haven't seen it.

10:48:40 A lot of money, hundreds of thousands of dollars fixing the

10:48:43 place up.

10:48:44 This is from the front end.

10:48:45 We are going to be also permanently closing the Kennedy

10:48:48 entrance and using the one entrance on Edison.

10:48:51 So the Kennedy entrance is going to be closed permanently.

10:48:53 Again we are going to put the little red concrete bricks

10:48:57 striping on the front.

10:49:00 Let me see here.

10:49:04 Another shot from the side, at an angle.

10:49:07 The property.

10:49:10 Here are some pictures on the inside.




10:49:18 You know, we want to emphasize the fact that this is a

10:49:21 neighborhood family restaurant.

10:49:23 This restaurant has been wet zoned, like I said in the last

10:49:27 hearing, for 31 years.

10:49:29 They have had beer and wine, alcohol beverage permit for 31

10:49:33 years.

10:49:34 No one on Kennedy, even MIZEN is only 21 years old.

10:49:43 We had a squeaky clean record.

10:49:46 They haven't had a call for service for any fights or

10:49:49 anything or underage drinking or anything of that sort.

10:49:52 So contrary to what you may hear from other people, the fact

10:49:59 of the matter is, the previous petition, we showed you a

10:50:05 petition with hundreds of people that signed, faculty,

10:50:09 staff, students, all come to the Outpost, and they like the

10:50:13 convenience of being there.

10:50:14 Also a couple weeks ago between our first hearing, you saw

10:50:16 the mayor and talk about his InVision process to take place

10:50:23 a block north of us.

10:50:24 The city is going to make a major investment in that area

10:50:27 around there.

10:50:28 There's also an apartment complex being built just a couple

10:50:31 blocks near Rome and near cypress.

10:50:35 There's not a lot of restaurant availabilities around there

10:50:37 for people to come and, you know, have something to eat

10:50:40 that's moderately priced.




10:50:44 Here are the pictures.

10:50:46 Here is the occupancy load, certificate that we received.

10:50:50 From the fire marshal.

10:50:53 And I am going to hand out a couple of little handouts.

10:50:58 The next person to come up to say a few words is Mike, our

10:51:03 operating partisan, on the confer of university of Tampa

10:51:05 journal.

10:51:08 As one of the four successful graduates of the university of

10:51:10 Tampa.

10:51:12 Who are in the restaurant business along with the owner of

10:51:13 Cafe Dufrain, and Kathy Bells and Mike.

10:51:18 Go ahead.

10:51:18 >> Good morning, council members.

10:51:22 I'm the operating partner at the Outpost.

10:51:25 I will take a few minutes to tell you about myself.

10:51:28 When I was younger, I knew what I wanted to be when I grew

10:51:31 up and that was own a restaurant.

10:51:33 At age 16 I have been working in the industry. I have been

10:51:35 for 17 years.

10:51:36 I studied business at the University of Tampa.

10:51:38 And as a final senior assignment I could only think of one

10:51:42 thing to present to my class and that was a business plan

10:51:44 for a restaurant.

10:51:45 Since my graduation at UT, I envisioned my future to do

10:51:49 better for the community.




10:51:50 After years of searching, I found the opportunity, on West

10:51:54 Kennedy Boulevard.

10:51:56 My parents took out a second mortgage on their home for the

10:52:00 project.

10:52:02 In 2008 age 25, my dream came true, to successfully open my

10:52:07 first restaurant.

10:52:08 UT, the cover story in UT journal about my vision.

10:52:13 I'm the same person I am now as I was when I wrote the

10:52:16 article.

10:52:17 I'm just more educated and more experienced.

10:52:20 What I learned from UT is think outside the box, stay

10:52:23 competitive, and always embrace change.

10:52:24 My partners and I had a vision like Mayor Buckhorn, the new

10:52:29 InVision project.

10:52:30 He wants to be part of the revitalization of Tampa and our

10:52:33 neighborhood.

10:52:36 Six years of being a tenant at this location I have seen a

10:52:38 lot of changes in the neighborhood.

10:52:40 All we are asking for is a level playing field in our

10:52:43 industry.

10:52:43 I feel we are at a competitive disadvantage to other

10:52:45 restaurants on Kennedy because of the location.

10:52:50 We want the same amenities every other restaurant has to

10:52:52 offer.

10:52:53 I promise we will not let you down.




10:52:55 Please give us an equal advantage to our competitors.

10:52:58 I am proud of how far we have come.

10:53:03 Thank you for your unanimous vote of confidence at our last

10:53:05 meeting and giving us a chance.

10:53:08 We look forward to continue and helping young entrepreneurs

10:53:13 like Mace to make Tampa a better place to live, work and

10:53:16 play.

10:53:16 Thank you for your time.

10:53:17 >>> Thank you, Mike.

10:53:19 I would like to have the property owner to say a couple of

10:53:26 words.

10:53:28 Terrance?

10:53:30 >> Good morning.

10:53:33 I am Terrance Moore.

10:53:34 My address is 1013 South Dakota here in Tampa.

10:53:39 I addressed you all last month, and so I won't repeat what I

10:53:43 said, but I do want to refer to a question I received last

10:53:48 month, the honorable Ms. Capin asked me a question last

10:53:53 month, and I had to say I don't know the answer.

10:53:56 Well, I do now have the answer.

10:53:59 Last month, I mentioned that I had owned property including

10:54:02 this property, and the property across the street called the

10:54:06 Edison center, for -- well, over 12 years ago, and I take

10:54:11 great pride in what I have done with those buildings.

10:54:14 I still own the Outpost.




10:54:17 The Edison center, we developed from an unoccupied group of

10:54:22 shacks with nothing but rats and attics and the like in

10:54:26 there into what it is today.

10:54:28 I take great pride in that.

10:54:29 And we spent millions of dollars investing in other

10:54:32 properties here in Tampa.

10:54:33 And I take pride in all of them.

10:54:36 I'll tell you about them if you want to hear them.

10:54:39 But during the whole 12 years, I have heard City Council say

10:54:42 we really want to push development in the Kennedy Boulevard

10:54:45 corridor.

10:54:46 And I have consistently been here a number of times saying,

10:54:51 if you really mean that, relax the regulations.

10:54:55 Even if you have university of Tampa in here saying don't.

10:54:59 Because I have been opposing them for ten years now, because

10:55:03 they have been fighting the reasonable development for ten

10:55:06 years now, with the same things they are saying now, they

10:55:10 were wrong then and they are wrong here today.

10:55:12 I hope they are all here today in their red shirts to thank

10:55:15 you for the vision you showed last month.

10:55:18 I'll come back to that.

10:55:19 But as I mentioned, there's another town near here that

10:55:23 really does push development, and they do so by relaxing

10:55:26 their regulation.

10:55:28 Over there if you want to get wet zoning, you fill out an




10:55:31 application, and it's granted.

10:55:33 Automatically in the downtown corridor.

10:55:35 Don't have to say please.

10:55:36 Don't have to please university of Tampa.

10:55:38 We are right by USF St. Pete over there, and they don't come

10:55:42 around saying, don't sell alcohol to our students.

10:55:45 They have vision.

10:55:47 They know that the best thing for the campus is a nice

10:55:51 neighborhood.

10:55:52 And a nice neighborhood is a neighborhood that has vibrant

10:55:56 businesses, businesses that are functioning, not closed down

10:56:00 warehouses like they were 12 years ago with property on

10:56:05 Kennedy.

10:56:05 And so everybody has the right attitude.

10:56:09 Let's be reasonable in the regulations here.

10:56:11 We'll get vibrant businesses like cocoa steak.

10:56:14 We recently spent a couple million dollars renovating that

10:56:17 building and it's a vibrant business doing great.

10:56:20 In general, St. Pete is doing well.

10:56:22 And Tampa is, too.

10:56:24 Tampa needs to continue, especially with the Kennedy

10:56:29 corridor, it still struggles.

10:56:31 Relax the regulations.

10:56:32 And Mrs. Capin asked me, because I said, if you just apply

10:56:36 for it you get automatic wet zoning there.




10:56:39 She asked, does that include for late night up till the wee

10:56:45 hours of the morning?

10:56:46 I didn't know the answer.

10:56:47 I have since found out for us all we had to do was ask for

10:56:50 it.

10:56:50 It was automatically granted.

10:56:52 And so relax your regulations.

10:56:54 Let these businesses thrive.

10:56:55 >>HARRY COHEN: Councilwoman Capin.

10:57:01 >>YVONNE CAPIN: You asked for extra hours.

10:57:04 Or were they automatic?

10:57:05 I want to know what are the hours that are allowed in

10:57:09 St. Petersburg?

10:57:09 That was my question, was St. Petersburg -- what I wanted to

10:57:16 know was, when you applied, you applied for the extra hours.

10:57:22 >> And I'll answer the best I can.

10:57:25 We are the landlord.

10:57:26 My wife kind of runs it but I did ask her after your

10:57:29 question, and she said they do, they are able to serve till

10:57:33 the wee hours of the morning.

10:57:34 And they didn't have to go through any process, other than

10:57:37 just ask for it by filling out an application.

10:57:44 >>YVONNE CAPIN: Correct. That's the extra hours.

10:57:45 The answer is applied for extra hours.

10:57:48 >> And thank you.




10:57:50 And again I bring it up, because relaxing regulation is the

10:57:54 key here.

10:57:55 This business can thrive.

10:57:57 But it won't necessarily thrive.

10:58:00 And they are talking about doing things like having a Sunday

10:58:04 brunch.

10:58:05 It's hard to find a place to get a Sunday brunch.

10:58:08 There are some but they are pretty crowded.

10:58:12 And they may want to sell a few Bloody Marys.

10:58:15 I don't think that's going to be the end of the world but it

10:58:17 will maybe be the difference between them being able to pay

10:58:20 their rent and their rent includes the property taxes, and

10:58:25 we want them to thrive.

10:58:27 And so I ask you to look at that.

10:58:29 And so I have pretty much encapsulated what I want to do.

10:58:36 I will note the University of Tampa was against us when we

10:58:38 tried to get wet zoning for across the street, which is now

10:58:41 the Edison lab, and they are a very great restaurant and the

10:58:48 pride of the City of Tampa, and of course their position

10:58:50 was, if you let that out, there will be a bunch of rowdy

10:58:54 people swinging from the chandeliers, a bunch of drunks

10:58:58 ruining our reputation.

10:58:59 And it didn't.

10:59:00 And this won't either.

10:59:02 Please grant this.




10:59:03 >>> Thank you.

10:59:04 I passed around the University of Tampa Journal article with

10:59:08 Frank DiAugustine in it, a letter from the school that we

10:59:12 did a day trip with, and also later on you will hear from

10:59:19 the women's cancer charity that we raise money for, for

10:59:23 Gasparilla.

10:59:23 So we appreciate it, and we will be going to public comment

10:59:26 and we'll have Mr. Miranda wrap up.

10:59:29 Thank you very much.

10:59:29 I appreciate it.

10:59:30 >>HARRY COHEN: Thank you very much, Mr. DiMaio.

10:59:34 We are going to go off to hear from the public.

10:59:37 And everyone who would like to speak on this item has three

10:59:41 minutes.

10:59:42 And we are happy to have you start out.

10:59:46 >> Good morning.

10:59:52 Benjamin -- 1705 west state street.

10:59:56 Whenever I come here, I always feel like I'm a contestant on

11:00:00 the gong show.

11:00:01 I'm waiting for the little bell.

11:00:05 But I'm going to try to get this through within the time.

11:00:09 About two years ago, Mayor Buckhorn commissioned the

11:00:12 InVision plan.

11:00:14 After extensive meetings involving citizens, planners, and

11:00:18 leaders, the historic plan for the City of Tampa was




11:00:21 unveiled.

11:00:23 Last year, this legislative body unanimously voted to

11:00:28 approve the plan.

11:00:32 Today, Mike DiAugustine here, he and his partners were

11:00:36 asking for your approval of his business plan.

11:00:40 These men are local businessmen who have pulled their

11:00:43 resources together to create a restaurant that enhances our

11:00:46 city.

11:00:49 The live, work, play triangle is the foundation of the

11:00:52 InVision plan, and the Outpost restaurant bodies that spirit

11:00:56 of the InVision plan.

11:00:59 I have been involved in civic organizations here in Tampa

11:01:01 for over 30 years, and met with many developers large and

11:01:04 small, local and global.

11:01:07 Repeatedly I have heard that the city code requirements are

11:01:10 obstacles and discourage development.

11:01:13 Parking, stormwater, setbacks, just to name a few.

11:01:17 Last October, at the ribbon cutting of the Pierhouse in

11:01:21 Channelside, which is in the InVision zone, Related Group

11:01:24 announced they want to build more projects in Tampa.

11:01:28 Make a note.

11:01:29 Related Group is one of the biggest developers in the world.

11:01:34 Just yesterday, Related Group sold the Pierhouse for $76.5

11:01:41 million in cash to the Florida pension fund.

11:01:44 Let's make them feel welcome by creating a decent business




11:01:48 climate.

11:01:49 Now we come to the issue at hand.

11:01:50 If you take all the local small businessmen like Mike

11:01:54 DiAugustine and the Outpost, these are our hometown

11:02:08 entrepreneurs, trailblazers, full.

11:02:10 The contributions of small businessmen are priceless.

11:02:14 So let's pull together and meld the spirit of the plan, the

11:02:18 InVision plan with the letter of the law.

11:02:20 Please give them permission and make our hometown developers

11:02:24 feel welcome, too.

11:02:26 Thank you.

11:02:26 >>HARRY COHEN: Next.

11:02:31 >> Members of the council, I'm Wesley Weissenburger, 1919

11:02:40 west North "A" street.

11:02:41 I have lived there for 20 years and I am the executive

11:02:44 treasurer and secretary of the north Hyde Park civic

11:02:47 association.

11:02:49 You have heard what has been presented to you a few moments

11:02:53 ago.

11:02:53 Now we'll get down top what's serious regarding our

11:02:56 community.

11:02:58 Our Board of Directors met on the 13th, and we are

11:03:03 serious when we said it before, we have said it for the last

11:03:07 10 or 15 or 20 years.

11:03:09 We do not want more alcoholic, hard liquor, late at night,




11:03:15 establishments.

11:03:16 In our community.

11:03:18 We are neighbors of the university of Tampa.

11:03:20 The students are moving into our area.

11:03:22 We welcome them.

11:03:23 We do not like their parties at 3:00 in the morning, but

11:03:27 that's another point.

11:03:29 But we are concerned about that restaurant is a beautiful

11:03:36 family restaurant serving beer and wine, and it's a family.

11:03:40 We do not want it expand to 3:00 in the morning.

11:03:44 We do not want that area that's next to our community of

11:03:49 2200 houses in that area.

11:03:53 We do not want it in our community.

11:03:56 We would like that area to remain very operational, but do

11:04:04 not extend it, do not give the wet zone, do not do the

11:04:09 hours.

11:04:10 We are concerned of what might happen.

11:04:14 We have had bars in that area, took us 13 years to get rid

11:04:18 of because they expanded so badly, and they got out of hand.

11:04:22 This particular place is so close to the university, as you

11:04:29 know from the map.

11:04:30 The university is surrounded.

11:04:32 There are students there at all hours of the night.

11:04:35 I do point out to you, they do claim they do not cater to

11:04:41 the students on excess.




11:04:42 On here, am I getting this correct?

11:04:46 About if you look at the time on that, that is 9:00 to 11:00

11:04:53 at night.

11:04:53 That particular advertisement was for Tuesday.

11:04:56 Who do you think they are catering to but the university

11:04:58 students?

11:05:00 Why go home and study for a few bucks you can go there and

11:05:04 get drunk?

11:05:05 For a few bucks you don't have to concentrate on anything

11:05:08 else.

11:05:09 There have been accidents.

11:05:10 Read about what's in the paper where head-on collisions of

11:05:14 people leaving these types of parties.

11:05:17 Three years ago, the university lost one of their students.

11:05:23 In particular, Eric Nicaletti, run over and killed by an

11:05:30 alcoholic drunk.

11:05:32 That boy is dead.

11:05:33 Heavy drink.

11:05:34 That wasn't beer and wine.

11:05:36 We ask that that you do not --

11:05:41 (Bell sounds).

11:05:42 >>HARRY COHEN: Thank you, sir Mr. Reddick.

11:05:43 >>FRANK REDDICK: Let me ask you, what was your vote count

11:05:48 in your neighborhood association meeting?

11:05:49 >> There was one person missing, Bosley who sits on our




11:05:55 board chose not to be at that meeting.

11:05:57 He chose the other.

11:06:00 That was unanimous.

11:06:01 And you know very well.

11:06:05 You have his phone number.

11:06:07 You know how to get in touch with him.

11:06:09 He is not here today.

11:06:10 I speak for him and it's our board consensus.

11:06:13 We had a unanimous that we oppose that.

11:06:15 We will continue opposing hard liquor and late hours at

11:06:19 night.

11:06:19 >>HARRY COHEN: Thank you very much, sir.

11:06:22 Next.

11:06:24 Go ahead, ma'am.

11:06:26 Next.

11:06:26 >> Good morning.

11:06:30 I'm Ellen Snelling from Tampa alcohol coalition and our

11:06:34 mission is to reduce underage drinking and consequences of

11:06:38 DUI crashes.

11:06:39 I would like to speak about the Outpost expanding to full

11:06:41 liquor, and also to expand their capacity.

11:06:45 As you know, they need waivers.

11:06:47 And I think in the past couple of years, there have been

11:06:50 changes within City Council to have less waivers coming

11:06:55 before you.




11:06:56 And the ones that do come I think should be seriously should

11:06:59 they get these waivers.

11:07:01 And the Outpost should be -- should have to prove the need

11:07:05 for their expansion and how it will not have any negative

11:07:09 impact on the neighborhood including the University of

11:07:11 Tampa.

11:07:12 I am here to support the University of Tampa and their

11:07:15 concern that the expansion of the Outpost to the hard liquor

11:07:20 and to have a higher capacity could affect their students.

11:07:25 UT has been a member of the Tampa alcohol coalition for over

11:07:29 ten years, and they do a lot for their students to try to

11:07:33 prevent underage drinking intoxication including education,

11:07:38 sanctions.

11:07:38 They even sanction their students for off-campus behavior.

11:07:41 They have worked closely with be the city to try to stop the

11:07:44 house parties that have been mentioned.

11:07:46 There really isn't much of that in the news anymore because

11:07:49 of the work that the city and UT has done to stop that.

11:07:52 So I think their consideration should be taken seriously,

11:07:56 because they are doing everything they can on that you are

11:07:59 part, and the third part of the puzzle is the bars and clubs

11:08:02 and their contributions to the student drinking.

11:08:05 As mentioned before the last speaker showed one of the drink

11:08:08 specials of just some of the things that be do go on there

11:08:10 are the drink specials add one of them they offer on




11:08:13 Fridays, half price bottles of beer for ladies -- of wine,

11:08:17 I'm sorry.

11:08:18 So it's a whole bottle of wine for half price.

11:08:21 Not a glass of wine but half price.

11:08:23 But I think that shows it's a pretty serious drink special

11:08:26 as well as the dollar draft beers.

11:08:27 And for Gasparilla there was an all you can drink special.

11:08:30 It wasn't just the bloody Mary.

11:08:34 As far as being squeaky clean, I do not get the calls for

11:08:37 service.

11:08:37 I did not request that from the police department but I do

11:08:39 know that ABT, since our last meeting, did arrest two for

11:08:43 underage drinking.

11:08:46 At the Outpost.

11:08:47 I just want to make sure it's not necessarily squeaky clean.

11:08:50 And I think the biggest concern is not -- as far as

11:08:56 university of Tampa is the fact that it's a restaurant which

11:08:58 during the day I'm sure it is a restaurant, family

11:09:01 restaurant.

11:09:01 But it's at night, late night hours, that is the concern, is

11:09:05 when it really becomes more of a bar, and how that can

11:09:08 impact the university and the students.

11:09:09 Thank you.

11:09:09 >>HARRY COHEN: Next.

11:09:18 Ladies and gentlemen, we have a lot of people who have would




11:09:19 like to speak so please make your way to the podium.

11:09:21 >> My name is Clarence, 1104 east Magellan circle, Tampa,

11:09:33 Florida, Councilman Montelione's district.

11:09:36 The reason why I am here is I support Outpost restaurant,

11:09:40 the family restaurant.

11:09:44 Sorry I got that mixed up the last time I spoke here.

11:09:49 Let's have Outpost restaurant, so they can sell, you know,

11:09:54 food, beer, and have a family restaurant.

11:10:02 And let people like DiMaio and Frank Miranda, he knows the

11:10:09 situations with the restaurant, and, you know, the students

11:10:14 at UT need a restaurant to go the to.

11:10:16 So let them have their restaurant.

11:10:18 And, you know, let them do their business and the students

11:10:23 of UT.

11:10:24 And I'm not a UT student.

11:10:27 Most of you know I'm USF.

11:10:28 But let the people of UT have the restaurant, have a good

11:10:32 time.

11:10:32 Thank you very much.

11:10:32 >>HARRY COHEN: Next.

11:10:38 >> 2714 Monroe street, Tampa, Florida 33602.

11:10:50 I'm the vice chair of the North Howard.

11:10:55 I'm also a member of the new southern missionary Baptist

11:10:58 church, and 700 in that area.

11:11:03 We as a community must support business to support




11:11:09 employment.

11:11:12 There's also a thing of responsibility of students and UT to

11:11:18 educate their students.

11:11:18 That does not fall on the restaurant.

11:11:22 That falls on us as parents, correct?

11:11:25 And us as a community.

11:11:28 Therefore, the City of Tampa is going to move forward with

11:11:32 the InVision plan, with the opportunity of the small man to

11:11:37 be able to make fund, pay taxes and support your salaries,

11:11:42 we must approve, same thing, same area, same corridor.

11:11:48 All we ask is that you be fair and depart your wisdom, and

11:11:53 allow them to make money, which will create jobs, and maybe

11:11:58 somebody will get a job.

11:11:59 We support it because it's the right thing to do.

11:12:02 I thank you for your time.

11:12:03 >>> My name is Andrew Mecklin, 912 Channelside drive.

11:12:16 You lived in downtown Tampa for the last four years.

11:12:19 I'm a young working professional here.

11:12:21 Also work in downtown.

11:12:23 I play on a sports league on Tuesday night.

11:12:27 And we do visit the Outpost restaurant one to two times a

11:12:31 week.

11:12:32 Actually, during the time mentioned earlier, during those

11:12:36 specials.

11:12:37 Just as my experience there, just want to portray it, I see




11:12:45 a very responsible restaurant.

11:12:47 Actually, let me step back.

11:12:49 I go to a lot of restaurants in the area.

11:12:51 When I am ordering an alcohol you can beverage, rarely am I

11:12:54 carded.

11:12:55 At this restaurant, at this restaurant, I have been carded

11:12:59 every single time.

11:13:01 As well as my entire team.

11:13:03 There's about 15 on the team ages 25 to 40.

11:13:06 I feel they do a very responsible job.

11:13:09 Loving in Channelside, I think we all know the very limited

11:13:12 options we have.

11:13:14 I think we saw on the news yesterday about what's going on

11:13:16 in the entertainment complex there.

11:13:18 So again, it is a very responsible restaurant.

11:13:21 They do a good job for the community.

11:13:23 And I'm here to support the Outpost restaurant.

11:13:26 Thank you.

11:13:26 >>HARRY COHEN: Sir, you have already spoken.

11:13:34 No, no, you can't.

11:13:35 You have had your three minutes.

11:13:36 I'm sorry.

11:13:37 Next, please.

11:13:45 I would appreciate if those that are still waiting to speak

11:13:48 would line up, because it does give us an idea of how many




11:13:52 are left.

11:13:52 Go ahead, ma'am.

11:13:53 >> Rena Carioeu. I live on MacDill Avenue, Tampa 33601.

11:14:00 I am here speaking on behalf of the Outpost and from the

11:14:04 recovery project which is the cervical cancer organization

11:14:07 that we spoke about in our previous meeting, and as well as

11:14:11 mentioned earlier today.

11:14:13 I know that they spoke briefly about Gasparilla, how they

11:14:17 were having an all you can drink special which greatly

11:14:20 benefited the recovery project as they raised thousands of

11:14:23 dollars for our organization.

11:14:26 They have also committed to our annual benefit, which will

11:14:30 help a deserving woman in the community battling cervical

11:14:34 cancer.

11:14:35 In addition to that, the drink specials that have been

11:14:38 mentioned greatly benefit us as well as they donate a

11:14:42 portion of those monthly sales to us as well.

11:14:48 In addition to being an amazing restaurant, there are also

11:14:53 supporters in the community of an organization that is close

11:14:57 to my heart.

11:14:58 These are good guys.

11:14:59 They bend over backwards to satisfy the council.

11:15:03 And I think that far they deserve an opportunity to compete

11:15:07 with other businesses in the area.

11:15:09 Thank you.




11:15:09 >>HARRY COHEN: Thank you very much.

11:15:11 Next.

11:15:15 So if I am looking out at the audience, I see one other

11:15:18 person that stood up.

11:15:20 Go ahead, ma'am.

11:15:21 >> My name is Laci, and I live at 250 5 Kansas Avenue.

11:15:28 Fix years ago I started a charity, a nonprofit organization,

11:15:31 and every Christmas the benefits the family and children's

11:15:35 of the Shriners churns hospital.

11:15:38 In organizing our event, we look for charitable people in

11:15:40 our community to help sponsor.

11:15:43 Mike DiAugustine has sponsored our catering as Frankies and

11:15:48 now the Outpost restaurant.

11:15:54 Excuse me.

11:15:56 It's grown as a charity in the past few years we have raised

11:15:58 over $5,000 in cash donations as well as thousands of

11:16:02 dollars in toys, and speaking on behalf of myself and that

11:16:06 we support the Outpost restaurant in their petition.

11:16:08 Thank you.

11:16:09 >>HARRY COHEN: Thank you.

11:16:11 >> Gina Grimes with the law firm of hill, ward and

11:16:18 Henderson, 101 East Kennedy Boulevard and I have been sworn.

11:16:21 I'm here this morning representing the University of Tampa.

11:16:24 And before I start, I would like to give you a speaker

11:16:27 waiver form, and I also have some handouts for council.




11:16:30 >>MARTIN SHELBY: There are seven names.

11:16:41 Would you please acknowledge your presence?

11:16:44 Melanie Kelly?

11:16:46 Rick Orozac.

11:16:49 Thank you.

11:16:50 Gina Firth.

11:16:52 Charlotte Patonic.

11:16:55 Stephani Krebs.

11:16:59 Melanie Gilmore.

11:17:01 Bob -- thank you.

11:17:03 An additional seven minutes for a total of ten, please.

11:17:08 >> If we could have those handouts, please.

11:17:20 >>GINA GRIMES: I want to begin by saying, I want to put on

11:17:22 the record a procedural issue.

11:17:25 At the last hearing, you directed the applicant to revise

11:17:29 the site plan, and address the off-site parking.

11:17:33 In the meantime, they were unable to obtain that off-site

11:17:37 parking and there were several revisions to the site plan

11:17:39 including up until yesterday afternoon, they made it very

11:17:42 difficult for us to understand what we needed to address

11:17:45 this morning and how to prepare for that.

11:17:47 And so for that reason, I would like to enter a procedural

11:17:51 objection on the record.

11:17:53 You all received earlier this week a letter from doctor

11:17:57 Vaughan who states his reasons for objecting to this alcohol




11:17:59 beverage application, specifically the fact that it's asking

11:18:03 for approval to sell liquor.

11:18:05 Not beer and wine, it's the liquor.

11:18:09 He explained to you that the university has invested close

11:18:12 to $380 million in campus renovation projects and

11:18:17 construction projects and implementing their campus master

11:18:21 plan.

11:18:21 The University of Tampa more than any other property owner

11:18:24 on Kennedy Boulevard has contributed to the redevelopment of

11:18:26 Kennedy Boulevard.

11:18:28 And they have the most at stake.

11:18:29 They have the most financial interests and the most at stake

11:18:33 as far as insuring that Kennedy Boulevard develops

11:18:37 appropriately.

11:18:40 His concern with the application is that the bars, he

11:18:46 believes, contribute to underage drinking, and to alcohol

11:18:52 excess, and those in turn contribute to problems on campus

11:18:55 such as vandalism, litter, sexual assault, personal injury,

11:18:59 and it's for that reason he objects to this application, and

11:19:02 the addition of liquor.

11:19:04 He believes that the university students -- as you can see

11:19:10 in the photo rendering it's clear that they are targeting

11:19:13 the UT students with the selling of the name of the

11:19:19 restaurant, the Outpost.

11:19:22 Additional lyrics the university suns last September has




11:19:35 been working on acquiring some of the surrounding

11:19:40 properties, and as a result has almost completed negotiating

11:19:44 with the adjacent property owner, adjacent -- this is the

11:19:50 Outpost right here.

11:19:51 They have negotiated with Frank -- and tend to in the near

11:20:01 future close on this property so as a result the university

11:20:04 is impacted to a greater degree than anyone else, in that

11:20:08 they own the adjacent properties, and they are clearly

11:20:11 affected by the outcome of this application.

11:20:13 You also have in your package of materials some letters of

11:20:17 objection from the First Baptist Church, and for

11:20:20 Hillsborough River realty, the Baptist church objects

11:20:23 because of the underage drinking, the Hillsborough River

11:20:26 realty believes that this is nothing more than a bar

11:20:29 disguised as a restaurant.

11:20:31 In addition to the doctor's concerns about the impact on the

11:20:38 UT students, we have two primary legal objections to this

11:20:42 application.

11:20:43 The first is we believe it still fails to comply with the

11:20:47 city code.

11:20:48 They have made some changes, and hard to keep track of the

11:20:50 changes they were making but they still don't need the

11:20:53 special using distance separation requirements, and at the

11:20:55 last hearing that was completely overlooked.

11:20:57 You have decreased the requirements of distance separation




11:21:00 requirements at this location to 250 feet.

11:21:03 The rest of the city is 1,000.

11:21:06 In this instance you have reduced 250 feet and they still

11:21:09 need a waiver about requirements.

11:21:11 But more importantly your code says in order to waive those

11:21:14 requirements, the applicant has to show that the waiver

11:21:17 criteria -- it's never even been discussed by the applicant.

11:21:21 Not one single time.

11:21:22 There is no evidence on the record dealing with the waiver

11:21:24 criteria.

11:21:26 The other issue as a result of the site plan revisions is

11:21:30 the occupancy load.

11:21:32 They went from 120 occupancy load down to 292.

11:21:35 And the reason they did that is they couldn't find parking

11:21:38 for the 120, so they decreased it down to 92.

11:21:42 And you will see in your package of materials that actually

11:21:45 that wasn't a recent change, but in fact what it was is that

11:21:50 it was issued.

11:21:51 This was the occupancy load that was agreed upon when the

11:21:58 restaurant first opened.

11:21:58 You can see in the highlighted area, 7-16 of 2013.

11:22:04 So that's the occupancy load right now.

11:22:07 As you can see from some of the pictures we showed at the

11:22:09 previous hearing, 60 people on the interior, in all

11:22:13 likelihood, that's already been excited.




11:22:17 So our concern is while they reduced the occupancy load and

11:22:23 turn N turn reduce their requirements it appears they are

11:22:26 already exceeding that occupancy load.

11:22:30 Another issue is the fire marshal who I spoke to yesterday

11:22:35 when he came up with the 60 and 32, that he simply went in

11:22:39 and counted the spaces.

11:22:40 Well, that's not the same formula that applies oh to

11:22:43 everybody else in the rest of the City of Tampa.

11:22:45 Everybody else has to fall this formula.

11:22:47 That includes not just the number of seats but also square

11:22:50 footage of areas like the kitchen, food storage, waiting.

11:22:57 He just counted seats and came up with that.

11:23:00 We have no floor plan, northbound way to verify the number

11:23:03 of seats.

11:23:04 Another issue, the access to the local street.

11:23:06 That was never addressed at all as to why that waiver should

11:23:08 be granted.

11:23:11 They implied to you that parking on the street is available

11:23:13 for them to use.

11:23:14 And Mr. DiMaio said that those space are available 24/7 and

11:23:21 they are going to restripe them.

11:23:23 I also included an e-mail from Melanie Calloway that states

11:23:27 that on-street spaces are available to the public at all

11:23:29 times, cannot be designated for his specific use, cannot be

11:23:33 counted towards his required number of spaces, and can be




11:23:35 removed by the city at any time.

11:23:37 So while it sound good that those spaces are available, the

11:23:41 fact is that there is no assurance that they will be, and I

11:23:44 know that's been a concern of council in the past with

11:23:48 off-site spaces and how can we be assured that they are

11:23:50 going to remain?

11:23:51 The last issue as far as not complying with the code, the

11:23:56 Kennedy Boulevard overlay.

11:23:57 I have heard Mr. DiMaio say twice now that they have

11:24:01 expended several hundred thousand dollars on these

11:24:04 renovations.

11:24:05 In fact at the first hearing he said it, the transcript on

11:24:08 page 18.

11:24:10 However, whenever you renovate anything on Kennedy Boulevard

11:24:14 and 51% of the assessed value of the property, the structure

11:24:17 and the land, then you have to bring it up to the Kennedy

11:24:19 Boulevard design guidelines.

11:24:22 Well, the assessed value from the property appraiser, I

11:24:25 included that in your materials, is $233,000.

11:24:28 So if they spent a couple hundred thousand dollars on reason

11:24:32 ovations and it's only assessed at 233,000 then they should

11:24:36 have to comply with the Kennedy Boulevard design overlay.

11:24:38 Everybody else on Kennedy has to do it.

11:24:40 And it's not -- he haven't even been required to look at it

11:24:45 The second legal reason that we have for objecting to this




11:24:47 application is that we believe it's been incorrectly

11:24:52 classified as a restaurant when it really should be a bar.

11:24:57 There's a different distance separation requirement for bars

11:24:59 than there are for restaurants.

11:25:01 If it was classified as it is truly is, a bar, it would be a

11:25:06 1,000-foot distance requirement from res December, other AB

11:25:10 establishments and institutional including the University of

11:25:14 Tampa but they classified it as a restaurant and are now

11:25:17 subject to only the 250 but they even still need that

11:25:20 reduced.

11:25:21 The occupancy load is also calculated differently, depending

11:25:24 on if it's a bar or restaurant.

11:25:26 I included in your package of materials their annual report

11:25:29 that they have to file to prove that they are a restaurant.

11:25:33 And you will see that already before they are selling liquor

11:25:37 that they are at 60% food and 40% alcohol.

11:25:42 I would submit to you that when liquor is added to their

11:25:45 sales, they are going to be over that 49% threshold.

11:25:50 It's not going to take much to push them over that.

11:25:52 >>HARRY COHEN: Councilman Suarez.

11:25:54 >>MIKE SUAREZ: Reset the clock.

11:25:57 I guess this doesn't really prove anything.

11:26:00 They are actually well within the guidelines that the city

11:26:03 has.

11:26:03 >> Right.




11:26:05 >>MIKE SUAREZ: You are making a speculative statement based

11:26:07 on nothing, really.

11:26:08 I mean, there's no evidence is what I am saying.

11:26:11 All you are saying is based on your own guess that it would

11:26:15 make it go above that.

11:26:17 If that's so, they will have an audit done by their

11:26:21 insurance company.

11:26:22 They will not be able to get insurance based on what we

11:26:24 already provided in the city code.

11:26:25 So they will be not be allowed to run as a restaurant

11:26:29 anymore and they would have to come under compliance.

11:26:31 Am I correct?

11:26:33 >>GINA GRIMES: And once they do, then they would probably be

11:26:35 cited because they don't meet code for parking.

11:26:38 >>MIKE SUAREZ: Correct. Aren't you butting the cart before

11:26:41 the horse?

11:26:42 We are talking about something going forward.

11:26:46 I am just asking the question. Do you have any evidence

11:26:51 about --

11:26:53 >>GINA GRIMES: My point in saying it doesn't meet code is

11:26:56 because it's been incorrectly classified as a bar, not a

11:27:00 restaurant.

11:27:00 >>MIKE SUAREZ: But this doesn't prove that it's incorrect.

11:27:04 >>GINA GRIMES: All I am showing you are the numbers and the

11:27:06 numbers show it's already 60/40, without selling liquor.




11:27:10 >>MIKE SUAREZ: I understand.

11:27:11 You are still in compliance.

11:27:12 I don't understand your point.

11:27:13 There's no connection here.

11:27:14 There's another question.

11:27:15 I apologize, chair.

11:27:18 Has there been any, during your research, has there been any

11:27:23 violations of underage drinking that the state has reported

11:27:26 or report to the state about that?

11:27:28 I know that someone individually doing it.

11:27:31 I now do your research very well.

11:27:32 >> I have a copy of an e-mail from I think someone from the

11:27:36 state who says that they have arrested two underage drinkers

11:27:41 at the Outpost.

11:27:43 >>MIKE SUAREZ: Okay.

11:27:43 >> You can find if you like me to.

11:27:49 >> No, I appreciate it.

11:27:51 That's what I wanted to ask.

11:27:54 >>GINA GRIMES: And because I am running out of time I want

11:27:56 to make the point that there's a procedural due process

11:27:59 issue with all the changes made to the site plan, and

11:28:02 preventing us from being able to absolutely prepare for

11:28:05 today's hearing.

11:28:08 On the second note, there's no competent substantial

11:28:11 evidence on the record with respect to several different




11:28:13 issues.

11:28:14 The S-2 waiver criteria, nothing has been submitted as to

11:28:18 why it should be waived or whether the waiver criteria has

11:28:20 been met.

11:28:21 The occupancy load, we believe, is incorrectly calculated

11:28:24 and therefore the parking requirements are incorrectly

11:28:28 calculated.

11:28:28 We think they have been deflated so the parking requirements

11:28:31 are reduced because they couldn't meet parking requirements

11:28:33 in any other way unless they reduce the occupancy load.

11:28:36 And also the local street access.

11:28:39 There's been no evidence with respect to that issue.

11:28:42 We think the applications should also be denied based on the

11:28:47 fact that it doesn't meet the essential requirements of law.

11:28:52 The city has the special use AB standards that have not been

11:28:56 met.

11:28:56 The occupancy load is wrong.

11:28:58 Therefore the parking requirements are wrong.

11:29:00 The on-street parking is not permitted under the city code

11:29:03 and never has been.

11:29:04 And that would be preferential treatment if you were to

11:29:07 grant it or consider it now when we never allowed it in any

11:29:09 other instance.

11:29:10 The Kennedy Boulevard has overlay requirements have not been

11:29:13 complied with.




11:29:14 And it's a bar, not a restaurant.

11:29:16 I think it has a detrimental effect on the city and the

11:29:20 students.

11:29:20 And for that reason we would ask that you deny this

11:29:22 application.

11:29:22 (Bell sounds).

11:29:25 >>FRANK REDDICK: Thank you, Mr. Chair.

11:29:27 Mrs. Grimes, let me ask you a question.

11:29:30 And I am going to narrow my scope with this question.

11:29:37 Within two, three miles of university of Tampa, could you

11:29:40 tell me how many establishments within those two, three

11:29:45 miles of the University of Tampa, convenience stores, sell

11:29:53 beer or wine or any type of alcohol.

11:30:08 >> I can only tell you within 250 feet of this application.

11:30:08 There are four other AB establishments in less than 250

11:30:08 feet.

11:30:08 >> Are there any establishments outside 250 feet?

11:30:16 >> I'm sure there are. I'm sure there are several. I

11:30:16 couldn't tell you the exact number.

11:30:17 Usually what you do is you do a survey of the surrounding

11:30:19 area and usually it's a thousand feet. In this instance

11:30:22 it's only 250.

11:30:25 And you still have an applicant that's asking to reduce that

11:30:29 even further.

11:30:29 And you have four alcoholic beverage establishments within




11:30:32 that 250 feet or less.

11:30:35 >>FRANK REDDICK: Even if it's outside a thousand feet of

11:30:38 university of Tampa, students do have access to

11:30:43 establishments, is that correct?

11:30:44 >> Absolutely.

11:30:44 But -- they do have access, if they are of age and they can

11:30:49 go in there and drink.

11:30:50 But the difference in this instance is the proximity to the

11:30:53 university.

11:30:54 It's right within almost the boundaries of the university.

11:31:00 Let me show you.

11:31:02 University properties, this is the Outpost.

11:31:06 All of this is owned by the university.

11:31:07 This is Verizon.

11:31:09 These are a couple of parcels owned by others.

11:31:12 The university owns this, this, and all of this and the

11:31:15 whole surrounding area, and it's the proximity.

11:31:17 And that the liquor contributes to the excessive drinking

11:31:24 more so than just beer and wine.

11:31:25 And it's those two points, the proximity and the liquor.

11:31:29 >>FRANK REDDICK: My final question, Mr. Chair, that sign

11:31:37 you put up about to for one drinks, something like that,

11:31:46 have you read "The Tampa Tribune" Friday, that came out in

11:31:51 the newspaper?

11:31:52 >> Every now and then I do, yes.




11:31:53 >> All right.

11:31:54 Have you ever seen where clubs and establishments all over

11:31:58 the city are advertising this two for one on Friday?

11:32:01 >> I don't think it's the two for one.

11:32:02 It's the targeting of the UT students, most of whom are

11:32:06 underage.

11:32:07 It's the UT and the UT here.

11:32:09 And the Outpost name that Dr. Vaughan took offense to,

11:32:14 because he thought it was targeting those students.

11:32:16 >>FRANK REDDICK: Well, I think if Dr. Vaughan had evidence

11:32:24 he would see other advertising to University of South

11:32:29 Florida students.

11:32:30 >> You have a clot of alcohol establishments and that's not

11:32:33 necessarily a good thing, is it?

11:32:35 Constantly a problem with this council.

11:32:38 >> No, I think it's a problem with people, accountability.

11:32:44 >> The whole problem of the distance celebration is

11:32:48 disbursing these uses so there's not a concentration of

11:32:51 these type of uses.

11:32:52 That's what you have on Howard you have E Avenue.

11:32:54 You have a concentration of alcoholic establishments and you

11:32:56 have a lot of problems in the surrounding area.

11:32:58 And that's what we are trying to prevent here, is too many

11:33:01 of those kinds of establishments selling liquor as a bar in

11:33:06 close proximity to one another.




11:33:08 >> Thank you, chair.

11:33:10 >>HARRY COHEN: Councilwoman Montelione.

11:33:11 >>LISA MONTELIONE: And I know we are still in the public

11:33:14 comment portion.

11:33:15 But I do feel I need to address some of the things, in

11:33:20 addition to what's already been said.

11:33:22 I agree with Mr. Suarez saying that there are going to be

11:33:27 violations, that a previous speaker said about, you know,

11:33:33 DUI with the student getting killed.

11:33:36 A student was killed crossing the bridge between the core of

11:33:40 downtown over to UT, had nothing to do with alcohol.

11:33:47 He was mugged.

11:33:53 It was a different situation.

11:33:57 So there are crimes that happen.

11:34:01 We are a downtown city.

11:34:02 Things are going to happen.

11:34:04 Student safety is a matter of responsibility.

11:34:06 And I also believe that underage drinking or access to

11:34:11 alcohol is also a matter of personal responsibility.

11:34:13 I represent the area, as you know, that contains the

11:34:17 University of South Florida.

11:34:19 And within that close proximity, there are many

11:34:22 establishments that have waivers to sell alcohol, even

11:34:26 though the distance requirement is much greater.

11:34:28 It's a thousand feet, as you pointed out.




11:34:31 There are shopping centers that are very common as a

11:34:35 development pattern in the area surrounding the University

11:34:36 of South Florida.

11:34:37 We don't have that here.

11:34:39 We don't have a shopping center style of development

11:34:43 necessarily in the downtown area or near the university.

11:34:47 Of Tampa.

11:34:47 So we do, in my district, we do by the University of South

11:34:50 Florida.

11:34:52 We would have to waive those criteria in order to have

11:34:57 multiple restaurants occupying the same shopping center.

11:35:00 And I would say that the shopping centers, probably a lot of

11:35:03 people are familiar with it, are Fowler Avenue that contains

11:35:06 the Chili's restaurant, has now developed into a little mini

11:35:11 restaurant row.

11:35:13 There's only two businesses, I think, in that shopping

11:35:16 center that are not restaurants.

11:35:18 And all of them -- I shouldn't say all of them -- a lot of

11:35:23 them serve alcohol.

11:35:24 In order to get that permit, they would have had to -- they

11:35:28 would have required waivers.

11:35:29 So the idea that the Edison restaurant was across the

11:35:31 street, that is a contentious point for a waiver to the

11:35:37 distance requirement really doesn't hold any weight with me.

11:35:45 Because the Edison restaurant and the Outpost across the




11:35:48 street doesn't become a restaurant and violates the

11:35:53 dispersion of those types of restaurant/in the area.

11:36:01 MIZEN is down the block.

11:36:04 And we have a nice mix of different classes of restaurants.

11:36:11 Right by the University of South Florida, not too far,

11:36:13 there's a Hooters restaurant, which no one would contest is

11:36:17 geared toward the younger crowd.

11:36:20 They bill themselves as a family restaurant.

11:36:22 There are families that go in there.

11:36:24 But no doubt the reason they are right close to the

11:36:26 University of South Florida is because they have got a

11:36:29 captive audience in the university.

11:36:31 That's what university towns are for.

11:36:33 My son went to the university of Louisville.

11:36:36 Without any disrespect to any of our local units

11:36:39 universities, they offered him a four year scholarship so he

11:36:42 took it.

11:36:43 He's a golfer.

11:36:44 He's an athletic.

11:36:45 He didn't drink while he was on the team because he had a

11:36:50 lot to risk if he did.

11:36:52 But he frequented places that were sports bars.

11:36:57 That doesn't mean the person is going to drink.

11:37:01 My significant other is 44 years old.

11:37:03 He doesn't drink.




11:37:05 We go out to restaurants and bars all the time.

11:37:08 He doesn't drink.

11:37:10 Just because someone goes into an establishment that serves

11:37:13 alcohol doesn't mean they are going to order it and consume

11:37:15 it.

11:37:15 So that whole line of testimony and that whole line of

11:37:18 argument really is not substantial, competent evidence.

11:37:22 What is substantial and competent evidence are the things

11:37:25 you pointed out, the waivers, the parking and those types of

11:37:27 things.

11:37:28 And I would really like to have our conversation really be

11:37:31 focused on what those items are, that are part of the site

11:37:36 plan, that are part of the application, and stay away from

11:37:42 talking about personal responsibility or the ability to buy

11:37:46 alcohol or what's going to happen if there's underage

11:37:49 drinking or what's going to happen if there's a DUI.

11:37:52 None of that is part of what guidelines we are given to

11:37:56 decide whether or not to --

11:37:59 >>GINA GRIMES: I couldn't agree with you more.

11:38:00 The fact that these owners and operators are UT alumnae,

11:38:05 that has nothing to do with anything.

11:38:06 >> Absolutely.

11:38:08 >>GINA GRIMES: And the problem is you waive you this

11:38:10 criteria and you -- you have criteria in your code for

11:38:13 waiving these standards.




11:38:15 Nobody has looked at them.

11:38:16 Not one person.

11:38:17 >> And that's an assumption that you are making. You don't

11:38:19 know be if I looked at them or not.

11:38:21 >> Well, there's not been any evidence submitted.

11:38:24 >> There may not have been evidence submitted but I had

11:38:27 briefings with staff before we had rezoning hearing, so that

11:38:30 doesn't --

11:38:32 >> You might have looked at them but there's no evidence on

11:38:35 that.

11:38:35 >>LISA MONTELIONE: So let me address -- we want to hear

11:38:39 from the last speaker?

11:38:40 >> Let us finish public comment and then go to the

11:38:43 discussion if that's all right.

11:38:44 Thank you, Ms. Grimes.

11:38:45 Is there anyone else from the public that would like to

11:38:48 address council now, three minutes, and then we will go to

11:38:52 council questions and comments.

11:38:54 >> Don't start the clock yet because I don't know how much

11:39:06 time I have yet.

11:39:07 >>MARTIN SHELBY: Mr. Robinson submitted a speaker waiver

11:39:11 form.

11:39:11 I believe the second name is not present.

11:39:14 And the one name is Lorissa, in the back, an additional

11:39:22 minute, please.




11:39:23 >> Joe Robinson, life-long resident of West Tampa.

11:39:26 First, thank you, Mrs. Montelione, for getting us back on

11:39:29 the subject matter, not on the personalities.

11:39:32 It appears the University of Tampa has a problem of

11:39:34 controlling the students.

11:39:38 If you want to control people, educate them.

11:39:40 Everybody in the red shirt, educate them.

11:39:43 I just want to talk -- the students.

11:39:48 And they have to get arrested, paying $30, $40,000.

11:39:55 The fire marshal said inside 60, 32 outside.

11:40:00 That's a fact.

11:40:00 20 on-site.

11:40:01 We need a waiver for 32% reduction, they are going to stripe

11:40:06 the street next door.

11:40:07 Transportation has no objection.

11:40:10 They are satisfied with the access to the local street,

11:40:13 Edison.

11:40:14 Going back to the first reading, and back to first reading.

11:40:21 And they are going to be would this is a neighborhood family

11:40:29 friendly restaurant, not of a nightclub or bar,.

11:40:36 This is a controlled environment.

11:40:37 University of Tampa can't control their students.

11:40:39 This is a controlled environment.

11:40:42 They can go up the street ---continue get me started about

11:40:48 what's going on at the University of Tampa alcohol in the




11:40:51 dormitories with beer and wine.

11:40:57 The police was over there in my neighborhood recently.

11:41:02 North Hyde Park civic association is not a recognized City

11:41:06 of Tampa, for this particular wet zoning location.

11:41:10 They don't even pop up on the chart.

11:41:13 So talking about them is irrelevant because they are not

11:41:16 recognized in this particular location.

11:41:18 The University of Tampa is disingenuous, since, they have

11:41:28 wet zones over there.

11:41:31 The location has been wet zoned 31 years.

11:41:33 This business is at a disadvantage.

11:41:37 Give them a level playing field.

11:41:44 Procedure objection is addressed by staff again going back

11:41:47 to first reading.

11:41:48 The University of Tampa pays tax on this development.

11:41:53 They don't pay property taxes.

11:41:55 Very few wet zoning meets any kind of distance requirement.

11:41:58 That's why you have waivers.

11:41:59 The University of Tampa has facts to prove -- you have got a

11:42:07 fire marshal telling you recently, this is what it is.

11:42:10 This is what it is.

11:42:12 University of Tampa has been given city streets, a

11:42:19 development that's underway right now, taking a park away

11:42:24 from the public.

11:42:25 We are giving them city streets to develop that.




11:42:27 All of those streets are gone.

11:42:30 So we have given up parking spaces on the street to the

11:42:32 university of Tampa.

11:42:43 Do they meet code for all of their buildings and

11:42:46 development?

11:42:47 Do they meet code?

11:42:51 (Bell sounds)

11:42:59 They are disingenuous.

11:43:02 They are not talking about the facts of this particular wet

11:43:05 zoning.

11:43:05 And if they don't like alcohol, go to the side that's a

11:43:15 restaurant.

11:43:15 These are grown students, mature students, I hope, and

11:43:19 alumnae.

11:43:20 And I'm so the -- the University of Tampa don't get it.

11:43:27 >> I'm waiting for Mrs. Kert.

11:43:29 Please.

11:43:29 >>REBECCA KERT: Legal department.

11:43:31 If I could before the applicant starts rebuttal, because

11:43:33 there's been a lot of conversation about what the burden is

11:43:36 in this application.

11:43:36 I just wanted to take a moment.

11:43:39 As City Council knows, for record purposes, to restate what

11:43:42 the burden is.

11:43:43 This is a special use permit, because it is a special use




11:43:46 permit, the applicant has the initial burden to prove by

11:43:49 substantial and competent evidence that they meet city code.

11:43:53 If they do not, then City Council should deny this

11:43:56 application.

11:43:56 If they do, then City Council must approve the application

11:44:01 unless they can identify substantial competent evidence in

11:44:04 the record that shows that there is an adverse impact and

11:44:08 they don't meet the code criteria.

11:44:10 In addition there are waivers in this case.

11:44:12 The way that your code is set up the applicant has the

11:44:14 initial burden to demonstrate that they are entitled to

11:44:17 those waivers.

11:44:18 They do that by showing that if the waivers are granted, or

11:44:21 they can do that by showing that if the waivers are granted,

11:44:25 the general standard in your code are still met.

11:44:27 And those general standards are located in your staff

11:44:30 report.

11:44:31 The other point that I wanted to make -- and I think it's

11:44:34 clarified on the record, but again for record purposes, this

11:44:37 is a land use permit.

11:44:38 It runs with the land.

11:44:39 That means two things.

11:44:41 It's wonderful or it's not wonderful as the applicant and

11:44:46 not in this particular case but in general maybe is not

11:44:48 relevant to approval or denial of this case because it runs




11:44:51 with the land.

11:44:52 It's not an entitlement to the applicant.

11:44:54 So the issue is whether or not the use is appropriate at

11:44:56 this location.

11:44:57 And on the same note, you also cannot assume that -- you

11:45:01 must assume that 14th is going to operate legally and within

11:45:04 your code provision, is not appropriate to base the denial

11:45:07 on the fact that you believe it will operate illegally and

11:45:09 outside of the law.

11:45:11 Thank you.

11:45:11 >>FRANK REDDICK: Mr. Chair, before we get rebuttal let me

11:45:16 ask a procedural question.

11:45:18 Because I'm looking at the time, 11:44 now.

11:45:22 And I hope that about 10 or 15 minutes we are going to

11:45:28 resolve this particular usual you and not have these people

11:45:30 come back in the afternoon session.

11:45:31 >> I'm certainly hoping to.

11:45:34 And we are looking at council members.

11:45:36 And it certainly looks a as though they are willing to stay

11:45:40 through the hearing.

11:45:41 At this time before Mr. Miranda comes up for the rebuttal, I

11:45:44 would like to -- ask one last time, is there anyone else

11:45:48 from the public that wishes to speak?

11:45:51 I don't see anyone.

11:45:52 So I'm going to if ask if council members or anyone has any




11:46:00 questions they want to ask to the applicant's rebuttal?

11:46:04 Any?

11:46:04 Okay.

11:46:05 Questions for staff.

11:46:06 And we'll wait for that or do you want to do that now?

11:46:14 >>MARTIN SHELBY: I believe it would be appropriate to ask

11:46:17 questions now so they can include whatever that is the

11:46:21 person needs to include in rebuttal.

11:46:23 >>LISA MONTELIONE: Ms. Moreda?

11:46:28 Because it's been awhile since you opened this case, can you

11:46:31 please just briefly review what the differences are between

11:46:36 the first hearing that we had on this item and now?

11:46:41 >>GLORIA MOREDA: In terms of what the site plan changes have

11:46:43 been?

11:46:44 >>LISA MONTELIONE: Yes, ma'am.

11:46:47 >>GLORIA MOREDA: During the week the applicant requested an

11:46:48 inspection by the fire marshal's office.

11:46:51 He issued new calculations for the occupancy.

11:46:55 They are 60 persons on the inside, 32 on the outside.

11:47:01 As a result of that, the 92-person calculation requires 23

11:47:09 off-street parking spaces.

11:47:13 They have revised their site plan to show there's 20 on-site

11:47:19 spaces.

11:47:20 The requested waiver at that point becomes a 13% waiver.

11:47:25 Transportation planning has no objection with that reduction




11:47:28 of parking.

11:47:29 >> So we are only shy three spaces?

11:47:32 >>GLORIA MOREDA: That's correct.

11:47:33 >>LISA MONTELIONE: Thank you.

11:47:38 >>GLORIA MOREDA: In terms of the motion, what council had

11:47:40 asked, was that all parking be addressed through design

11:47:42 exception.

11:47:43 That did not occur.

11:47:47 The locations they filed did not meet the requirements of

11:47:52 code.

11:47:52 In terms of their revised site plan, they did revise the

11:47:58 site plan to show that the waiver is now from 23 spaces to

11:48:02 20, as well as met --

11:48:07 >>LISA MONTELIONE: The waivers to three spaces?

11:48:12 >>GLORIA MOREDA: Yes.

11:48:12 To reduce the required parking from 3 to 20: They have also

11:48:19 added the note related to the commitment of the applicant to

11:48:23 apply for and Edison for additional parking if approved by

11:48:30 the transportation division.

11:48:31 >>LISA MONTELIONE: Those are not counted toward the total

11:48:35 parking?

11:48:36 >> They are not counted toward --

11:48:40 >> And added three space.

11:48:41 >> Right.

11:48:41 And no amplified music after 11 p.m.




11:48:44 >>LISA MONTELIONE: And that's outdoor amplified music.

11:48:48 >> It was outdoor.

11:48:50 >>LISA MONTELIONE: Thank you very much.

11:48:54 >>HARRY COHEN: Anything else before we go to the applicant?

11:48:59 Councilman Capin.

11:49:05 >>YVONNE CAPIN: Okay.

11:49:06 And the fire marshal has determined 60 inside and 32

11:49:10 outside.

11:49:11 >> That's correct.

11:49:13 >>YVONNE CAPIN: I saw a photo of the outside with the

11:49:16 tables.

11:49:17 But again, when we look at this, as Mrs. Kert said, the age

11:49:27 for alcoholic beverage purchase is 21 years old.

11:49:33 We have to assume moving forward that all of our applicants

11:49:37 and everyone is going to follow the law.

11:49:42 We don't assume anything else.

11:49:43 Now, when the fire marshal -- I would imagine that that

11:49:47 criteria was implemented in determining these numbers.

11:49:52 >> In the fire marshal's office, they said they did an

11:50:00 inside inspection and we accepted the calculations of the

11:50:03 fire marshal.

11:50:06 The code does require compliance with the life safety code,

11:50:10 in terms of how you determine what the number of parking

11:50:12 spaces is.

11:50:15 There is a calculation that you used in that calculation for




11:50:20 the number of occupants.

11:50:23 There is a conflict in the sense that the fire marshal's

11:50:26 numbers are smaller than what we had anticipated that number

11:50:30 to be.

11:50:30 But since the fire marshal is committing to that occupancy

11:50:35 of this establishment, we are accepting those numbers.

11:50:41 >>YVONNE CAPIN: When the fire marshal states these numbers,

11:50:42 if those numbers are over, the fire marshal has the

11:50:46 authority to close the establishment immediately.

11:50:50 I have seen that in action.

11:50:52 Is that correct?

11:50:53 >> Either that or the numbers have to be reduced to be in

11:50:58 compliance.

11:51:02 >>YVONNE CAPIN: All right.

11:51:05 I want to ask about the access to Edison.

11:51:11 Because is that -- because it's not allowed onto Kennedy?

11:51:17 >>GLORIA MOREDA: Right now, there was a driveway on Kennedy,

11:51:19 in order to maximize their off-street parking on-site.

11:51:23 They are closing that access.

11:51:26 And there is also a driveway onto Edison currently.

11:51:30 That would be their sole access along with the alley access,

11:51:34 I believe.

11:51:37 In terms of the Kennedy overlay, they were not triggering

11:51:40 Kennedy overlay review at this point.

11:51:44 From our information, they have not been determined to be




11:51:48 major renovations during the permitting process.

11:51:51 Therefore, the Kennedy regulations would not apply.

11:51:55 If they were, the access on Edison would be acceptable.

11:52:03 Staff at this point realizing that they were maximizing

11:52:07 their parking did not object to the access on Edison.

11:52:11 But it is listed as a waiver, because they are not following

11:52:15 the Kennedy overlay requirements.

11:52:18 They are not required to.

11:52:20 >> They are not following it because they are not required

11:52:24 to.

11:52:24 >> Okay.

11:52:29 Now, let's get to the -- well, we understand 250.

11:52:35 I was looking at the ingress/egress off-street parking.

11:52:40 I'm reading this.

11:52:44 It's listed as B-2 on our staff report.

11:52:52 Consideration shall be given to off-street parking and

11:52:54 loading facilities as related to adjacent streets with

11:52:57 particular reference to automotive and pedestrian safety and

11:53:02 convenience.

11:53:03 Internal traffic flow and control arrangements in

11:53:06 relationship to access in case of fire and other emergency

11:53:10 and screening and landscaping.

11:53:12 That's what it says about off-street parking.

11:53:15 So due consideration shall be given to off-street parking.

11:53:20 Is that correct?




11:53:20 >> That's correct.

11:53:21 >> I just want to state that into the record.

11:53:32 Striping will produce eight spaces.

11:53:35 Eight parking spaces on the street.

11:53:39 I understood that.

11:53:44 And the kitchen.

11:53:47 It is the kitchen will be open at all hours of operation,

11:53:50 correct?

11:53:51 >>GLORIA MOREDA: That is required as a restaurant.

11:53:55 >>YVONNE CAPIN: And we have the fire marshal --

11:53:58 >>GLORIA MOREDA: And they will be required to file the

11:54:00 annual report to verify that they are 51%.

11:54:05 >>YVONNE CAPIN: And they are asking for the distance, which

11:54:13 is -- okay.

11:54:19 From 250 feet from another alcoholic beverage, from 250 feet

11:54:25 to 150 feet, that's 100-foot.

11:54:29 Distance separation that they are asking for in the waiver.

11:54:33 And then from residential is 73 feet.

11:54:38 One of the things we looked at here in the core of the city

11:54:45 is that the way that the city was established and the

11:54:51 residents, they are very close to businesses, and it has

11:54:58 been that way.

11:55:00 So that's one of the things that I would like to hear --

11:55:04 well, when the petitioner comes up to talk to us about that.

11:55:09 Otherwise, you have answered my questions.




11:55:13 Thank you so much.

11:55:14 >>HARRY COHEN: Councilwoman Montelione.

11:55:18 >>LISA MONTELIONE: I'm sorry I forgot to answer this

11:55:21 earlier.

11:55:22 There was some discussion, Mrs. Moreda, about the waiver of

11:55:25 criterias not being discussed.

11:55:26 And based on the waivers we were talking about the three

11:55:31 parking spaces, and be the waiver to the 250 feet down to

11:55:36 150 feet.

11:55:38 Are those the only two waivers that we are looking at?

11:55:42 >>GLORIA MOREDA: The waivers that you are looking at is the

11:55:43 reduction of the distance separation from other AB

11:55:46 establishments from 250 to 150, from residential use from

11:55:51 250 to 177.

11:55:53 A reduction of parking from 23 to 20.

11:55:57 And the access to Edison.

11:56:01 So I think we have covered two --

11:56:06 >> We didn't cover the distance to the residential.

11:56:08 That's the only waiver.

11:56:10 I think we did in the first hearing.

11:56:14 And that residence, the only residence in the area, and I

11:56:18 understand it's a fraternity house?

11:56:19 >> That's the nearest one.

11:56:21 I'm not sure -- we have it listed as a single-family, I

11:56:24 believe.




11:56:25 Let me look.

11:56:26 >> Those are single-family residences.

11:56:29 And the person who ever lived there --

11:56:31 >> I have a residential quadriplex.

11:56:34 >> But they did not come to speak in opposition.

11:56:38 Usually we hear from them if they do.

11:56:41 And I'm not clear about the Kennedy overlay.

11:56:46 They don't have -- it wasn't triggered by the potential

11:56:51 renovation, because the renovations aren't substantial

11:56:55 enough to trigger as if it were a new construction.

11:56:58 >> My understanding, the permits that have been issued in

11:57:02 the past have not equated to the major renovations standards

11:57:07 which is 50% of the assessed value of the property, over a

11:57:11 two-year period.

11:57:12 >>LISA MONTELIONE: Thank you for clearing up that.

11:57:16 >>HARRY COHEN: Can we entertain a motion for an additional

11:57:20 15 minutes now?

11:57:22 >> So moved.

11:57:23 >> Second.

11:57:24 >> Motion Councilman Montelione, seconded by Councilman

11:57:31 Capin.

11:57:32 All right.

11:57:32 Applicant.

11:57:33 You have five minutes.

11:57:33 >> Frank Miranda.




11:57:38 I represent Outpost.

11:57:39 My law firm is located at 703 West Swann Avenue, Tampa,

11:57:42 Florida 33606.

11:57:44 I do have a packet for council, if I can approach.

11:58:03 Primary issue seems to be parking.

11:58:05 Last month when we were talking about having workshops to

11:58:08 try to figure some of this stuff out.

11:58:10 It's not accurate when people tell you we don't have

11:58:13 additional parking, okay?

11:58:14 And this is the situation N.this packet, there's a lease, it

11:58:17 says two years.

11:58:18 It's been modified to ten years.

11:58:20 And that lease is across the street on Howard Avenue, a law

11:58:24 firm.

11:58:25 We don't have a lease for parking.

11:58:26 We have a lease for office space.

11:58:28 We want to lease office space there which we have agreed to.

11:58:32 And I'll tell you what we have also done that no one has

11:58:34 done.

11:58:36 No applicant has done.

11:58:37 I encourage a member of this Outpost, the entity, to sign a

11:58:42 personal guarantee for the rent on that unit.

11:58:46 Now, when you have special guarantee, that means you have

11:58:50 business.

11:58:51 It means you have the foresight and encouragement to stick




11:58:54 it with.

11:58:55 There's concern of this council that a month to month lease

11:58:58 is not a real lease.

11:58:59 I would encourage you in your workshops to talk about fact

11:59:02 if a property owner left to put a sign up that says you can

11:59:06 park here, I think those news to the world that he's

11:59:08 agreeable, he.

11:59:12 And more parking.

11:59:13 As a lease ten spots which they said doesn't meet code.

11:59:18 I don't understand that because it's at a commercial

11:59:20 building and those current spots, and no matter if you are

11:59:27 an accountant or law firm, you have 50 clients coming out.

11:59:31 How does it relate to when we have people pulling in and

11:59:34 out?

11:59:34 I don't see the nexus or the disconnect, okay?

11:59:37 So when you do your workshops, please look at those, and I

11:59:41 will be happy to make my comments at those times.

11:59:44 In addition to that, the space next to this facility is not

11:59:49 owned by the university of Tampa.

11:59:51 It's frank DiAugustine.

11:59:56 But it's there.

11:59:56 We can probably park an additional 65 cars.

12:00:00 But somehow, when the information gets presented to you

12:00:03 guys, that doesn't get presented to you.

12:00:05 Okay?




12:00:06 And why there's reasons why these parkings to me is

12:00:09 nebulous, because it's not in the code in, my mind, there's

12:00:12 not in the code anywhere that says you have to have a lease

12:00:14 longer than month to month.

12:00:16 There's no term in your code for that.

12:00:19 We have ample parking.

12:00:20 We have more parking than anybody ever has on Howard Avenue,

12:00:23 or on Kennedy.

12:00:26 We can't present it to you.

12:00:27 And I would like you to address that in your workshops.

12:00:31 We voluntarily agreed to pave the street.

12:00:33 The drink specials go to charity.

12:00:35 University of Tampa, every year, accepts a check from the

12:00:38 Outpost to put a billboard of a baseball field for 2500.

12:00:44 Everyone accepts that check.

12:00:45 In your packet, in the dorms that have in alcohol.

12:00:49 Logically speaking, the dorms allow alcohol.

12:00:54 Liquor.

12:00:57 And in the packet I provided you is a certification that the

12:01:03 owners of this facility have completed a professional food

12:01:07 and beverage -- complete add spend vendor program designed

12:01:13 for owners and managers for their employees to serve alcohol

12:01:17 and tobacco products.

12:01:18 I would also inform you that there was two people arrested

12:01:23 at that facility but it wasn't for underage drink.




12:01:25 It was trying to drink under age.

12:01:28 They got arrested for using a fake ID.

12:01:32 Zero police complaints.

12:01:34 Zero issues with the fire marshal.

12:01:37 Zero issues with your own departments.

12:01:42 I would suspect, I would submit to you that the problem in

12:01:47 parking is nebulous.

12:01:49 Because I have effective lease and I have it for office

12:01:52 space in a building and have the right to use that parking

12:01:55 lot.

12:01:55 Somehow can't use it before you today.

12:01:58 In addition, we have the month to month parking.

12:02:06 There's $450,000 approximately invested in this facility.

12:02:10 And when that gentleman who graduated from the University of

12:02:12 Tampa, he was proud of the fact he had an advertising major.

12:02:16 That's why he put UT in it.

12:02:19 There's nothing deceptive here.

12:02:22 And I will tell you, the last time I was here, I threw a

12:02:26 real fancy map with stickies on it which indicate that every

12:02:29 place that sells liquor around the University of Tampa.

12:02:32 This is not the final.

12:02:36 This is about personal responsibility.

12:02:38 And everyone involved on this side of the table has done

12:02:41 everything they can to ensure that nothing illegal occurs.

12:02:44 (Bell sounds).




12:02:45 >>HARRY COHEN: Thank you very much.

12:02:48 Councilwoman Capin.

12:03:01 >>YVONNE CAPIN: I wonder if there was an underage drinking

12:03:03 arrest in the establishment that a manager or someone else

12:03:05 wasn't arrested also.

12:03:08 And I thought about the IDs, because especially at the

12:03:14 university, there are a lot of out-of-state students, and

12:03:21 not the driver's license are not a Florida drivers.

12:03:27 They are out of state.

12:03:31 So that are clarified that.

12:03:32 I was going to ask, if it was just someone said it, it was

12:03:37 not part -- it was not substantiated by anyone other than --

12:03:44 I think it was an e-mail from the state that there was two.

12:03:48 But it whats because of the fake ID.

12:03:56 Someone was doing their job.

12:04:04 We talked about the parking.

12:04:06 And I asked that you talked to us about the waiver of the

12:04:14 100 feet from AB establishments and about the waiver of 73

12:04:18 feet from the housing.

12:04:22 And I think that was addressed -- is it a quadriplex that is

12:04:28 there?

12:04:29 Okay.

12:04:29 And then and that's the only residence that is within

12:04:33 that --

12:04:35 >> Frank Miranda: My understanding is that quadriplex is




12:04:39 surrounded by the university of Tampa and it's my

12:04:42 understanding it's rented to university students.

12:04:44 That's my understanding.

12:04:45 >> So we are looking at one residence, right?

12:04:47 That is within that 250 feet.

12:04:50 >> Yes.

12:05:02 >> And then the alcoholic beverage establishment.

12:05:05 Could you hold that -- I'm sorry -- the fancy one.

12:05:13 >> MIZEN directly across the street from where we are.

12:05:23 Pachyderm, I don't know if they are still in business.

12:05:25 Across the street from bungalow is Dougies.

12:05:28 On the backside you have the Cass Street bars.

12:05:31 If you walk over the bridge you can go to any hotel and

12:05:33 they'll serve you liquor and beer.

12:05:36 That's pretty close.

12:05:37 Just right across the bridge.

12:05:38 >> So the variance is to across the street.

12:05:42 That would be the 250 feet?

12:05:44 Or is there other establishments?

12:05:45 >> That's what Councilwoman Montelione picked up on.

12:05:50 Right across.

12:05:52 >>YVONNE CAPIN: Is there any other within that 250 feet?

12:05:54 >> Not to my knowledge.

12:05:55 >> The Edison that is across the street?

12:05:58 That's the one?




12:05:59 Okay.

12:05:59 Thank you.

12:06:00 >> And they are full liquor.

12:06:05 >>HARRY COHEN: Councilman Reddick.

12:06:06 >>FRANK REDDICK: Did we get a report from law enforcement,

12:06:10 TPD?

12:06:11 >>HARRY COHEN: I believe bee did in the last hearing.

12:06:18 We have not heard from one today.

12:06:20 I saw officer Miller here earlier.

12:06:22 I am not sure that he's here anymore.

12:06:25 >>FRANK REDDICK: He should be.

12:06:28 >>HARRY COHEN: Well, there may be someone else here.

12:06:31 >>FRANK REDDICK: I was just wondering, did they have any

12:06:36 objections?

12:06:44 He shall

12:06:46 >>GLORIA MOREDA: They had no objection.

12:06:47 >>FRANK REDDICK: No objection.

12:06:49 Okay, thank you.

12:06:49 >>HARRY COHEN: Are there any other questions from council

12:06:52 members?

12:06:55 Hearing none, I would entertain a motion to close.

12:06:57 >> Move to close.

12:07:00 >>HARRY COHEN: Motion from Councilman Montelione, seconded

12:07:03 by Councilman Reddick.

12:07:04 All in favor?




12:07:06 Opposed?

12:07:07 Okay.

12:07:10 Councilwoman Montelione, would you like to take this?

12:07:14 >> Yes, sir, thank you very much.

12:07:16 And we are back at first reading, from my understanding.

12:07:22 Okay.

12:07:22 I move an ordinance being presented for first reading and

12:07:25 consideration, an ordinance repealing ordinance 8326-A,

12:07:30 approving a special use permit S-2 for alcoholic beverage

12:07:33 sales, restaurant, consumption on premises only, and maching

12:07:37 lawful the sale of beverages regardless of alcoholic

12:07:43 content, beer, wine and liquor, on that certain lot, plot or

12:07:47 tract of land located at 909 West Kennedy Boulevard, Tampa,

12:07:50 Florida as more particularly described in section 3, that

12:07:53 all ordinances or parts of orthopedics in conflict be

12:07:58 repealed, providing an effective date.

12:07:58 >>FRANK REDDICK: Second.

12:08:02 >>HARRY COHEN: We have a motion from Councilwoman

12:08:04 Montelione, seconded by Councilman Reddick.

12:08:06 It is a first reading.

12:08:07 As a result I don't think we are going to take a recorded

12:08:09 vote.

12:08:10 We are going to take a voice vote.

12:08:12 All in favor please indicate by saying aye.

12:08:14 Opposed?




12:08:18 Madam clerk?

12:08:19 >>THE CLERK: Motion carried unanimously with chair Miranda

12:08:23 abstaining from the vote.

12:08:24 >>HARRY COHEN: Thank you very much.

12:08:27 >> I'm sorry.

12:08:29 The second reading will be held on March 6th, 2014 at

12:08:34 9:30 a.m.

12:08:34 >>HARRY COHEN: Thank you.

12:08:37 All right.

12:08:37 We are going to adjourn for lunch.

12:08:39 And we will be back at 1:30.

12:08:43 >>> (Meeting recessed.)
































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12:08:48 [Sounding gavel]

01:36:28 >>CHARLIE MIRANDA: City Council is called to order.

01:36:30 Roll call.

01:36:30 >>MIKE SUAREZ: Here.

01:36:38 >>FRANK REDDICK: Here.

01:36:39 >>HARRY COHEN: Here.

01:36:39 >>CHARLIE MIRANDA: Here.

01:36:40 >> Okay.

01:36:43 We are on item 38, I believe.

01:36:45 This is a public hearing.

01:36:47 All those earlier were sworn in.

01:36:50 If there's anyone here who has not been sworn in on the

01:36:53 remaining 38 through 42, please rise and be sworn in, if you

01:36:57 are going to speak.

01:36:58 The clerk will swear you in.

01:37:05 >>GLORIA MOREDA: Land development.

01:37:07 >>CHARLIE MIRANDA: Whoa, whoa, whoa.

01:37:09 Swear them in.




01:37:10 (Oath administered by Clerk)

01:37:25 >>GLORIA MOREDA: Land development.

01:37:32 This is petition AB 2-14-06, 3,000 North Armenia Avenue,

01:37:45 currently zoned.

01:37:50 There's package sales with consumption on premises being

01:37:54 proposed.

01:37:55 The property is currently allowed for alcoholic beverage

01:37:59 sales.

01:38:00 It was a 1956 ordinance that allows for beer, wine and

01:38:03 liquor and package sales.

01:38:07 The areas being proposed for sales is 2,592 square feet

01:38:12 inside, there is no outside area being proposed.

01:38:17 Parking that's provided is 15 spaces, and the hours of

01:38:21 operation would be consistent with chapter 14.

01:38:24 They are asking for distance separation requirements waivers

01:38:29 to other AB establishments from 1,000 feet to 395.

01:38:35 From residential use 1,000 feet to zero.

01:38:39 And for institutional use, 1,000 feet to 771.

01:38:45 They are asking for reduction of off-street parking spaces

01:38:48 from 18 to 15 spaces.

01:38:51 Currently, I have on the Elmo the location, right at the

01:38:57 corner of Columbus and Armenia.

01:39:02 There is in the CI zoning district, it shows the existing

01:39:08 package sales, on the first floor, the residential unit is

01:39:13 on top.




01:39:16 This is a photograph of the off-street parking that's on the

01:39:23 west side of the property.

01:39:26 Here is a view of the building from the west showing the

01:39:29 parking along that side.

01:39:35 This is the view of Columbus going west.

01:39:38 Armenia looking east.

01:39:42 And Armenia looking south.

01:39:50 The building is about 3500 square feet with the first floor

01:39:53 being the package sales area, and there is a single-family

01:39:57 residence on the second floor.

01:40:02 The proposal use of the bar is going to be approximately 700

01:40:06 square feet of the first floor area.

01:40:09 The occupancy calculations of that is approximately 54

01:40:13 persons.

01:40:14 There is an existing parking area.

01:40:17 There's actually 19 parking spaces.

01:40:20 However, there is a private easement agreement with the

01:40:24 neighboring properties to the west, that grants four of

01:40:29 those spaces to 2511 west Columbus drive.

01:40:32 That's why they T request is going from the required 18

01:40:36 spaces down to the 15 that's on the property.

01:40:40 There will be no alcoholic beverage sales located in the

01:40:45 parking area, and no amplified music proposed.

01:40:49 The site is inconsistent with the distance separation

01:40:52 requirement.




01:40:53 There are a number of revisions to the site plan that need

01:40:56 to be cleaned up between first and second reading, if

01:41:00 council is inclined to approve the request.

01:41:04 As it relates to reduction of parking, transportation, it's

01:41:08 less than the 20% reduction, so they have no objection with

01:41:12 the proposed reduction of parking.

01:41:15 This is part of the West Tampa overlay.

01:41:20 Both Armenia and Columbus drive are transit emphasis

01:41:23 corridors.

01:41:25 Heart loon route 7 and 15 run along those streets.

01:41:31 In terms of the distance separation requirements, the

01:41:35 residential use is really the one that's above on the second

01:41:38 floor.

01:41:39 That's why it's to zero.

01:41:41 In terms of the institutional use, there is city park

01:41:45 approximately 770 photo away.

01:41:48 And the nearest alcoholic beverage establishment is 2606

01:41:54 North Armenia Avenue, which is a lounge, 4(COP).

01:42:00 That concludes my report.

01:42:04 >>CHARLIE MIRANDA: Thank you.

01:42:04 >> Officer Donald Miller, City of Tampa police department.

01:42:08 City of Tampa police department has no objections to the

01:42:10 special S-2 request.

01:42:19 >>CHARLIE MIRANDA: Petitioner?

01:42:19 >> My name is Dixie liberty, Lithia, Florida. I'm




01:42:26 representing la tan liquors today, to change to a 4(COP).

01:42:34 The package store in front will not change.

01:42:36 Their hours or anything.

01:42:38 But to the rear, they have a small area which is like 700

01:42:42 square feet.

01:42:42 They are going to go ahead and try to put a small little

01:42:45 lounge in there.

01:42:47 And the hours of operation are going to be from 4 p.m. to 2

01:42:52 a.m.

01:42:54 And we are requesting a parking, waiver for three parking

01:42:59 spots.

01:43:04 >>CHARLIE MIRANDA: Any comments by council members?

01:43:05 Mr. Suarez?

01:43:07 >>MIKE SUAREZ: What are the current hours of operation now?

01:43:11 >> The package store is from -- I want to say from 11 a.m.

01:43:15 to 10 p.m.

01:43:19 That's not going to change.

01:43:20 >> That's not going to change.

01:43:22 But then the working entrance will be from the parking lot

01:43:25 side?

01:43:25 >> It's in the parking lot to the north.

01:43:28 >> Okay.

01:43:30 Is it along the alley?

01:43:32 >> No.

01:43:33 In the parking it.




01:43:33 It's in the parking lot.

01:43:34 So there's a door there that's going to lead to this 700

01:43:37 square fought area in the rear?

01:43:39 >> Correct.

01:43:40 >> All right.

01:43:42 Thank you.

01:43:42 >> Mr. Cohen?

01:43:45 >>HARRY COHEN: Quick question.

01:43:47 I understand that the waiver from residential is at zero

01:43:51 because of the unit upstairs.

01:43:54 What is the closest residential, though, outside of the one

01:43:57 above it?

01:43:58 Do you know?

01:43:58 >> No, because there's all commercial through there.

01:44:18 Shall.

01:44:22 >> I'm looking at the map here.

01:44:25 There we go.

01:44:27 My guess it would probably be under a thousand.

01:44:29 >> You can see the zoning line is right here.

01:44:38 It's, I believe, a residential use there.

01:44:40 I would estimate that to be probably very close to 800.

01:44:55 >>CHARLIE MIRANDA: Okay.

01:44:56 Anyone else on council?

01:44:58 Anyone else in the audience care to speak?

01:45:00 This is a public hearing, AB-2-14-06.




01:45:04 Please come forward.

01:45:05 >> Joe Robinson.

01:45:08 West Tampa resident and vice chaster West Tampa Community

01:45:13 Development Corporation which is part of the overlay

01:45:16 district, and I am here to support, because of an address or

01:45:21 something we haven't gotten this particular petition.

01:45:24 However, I am familiar with la tan.

01:45:27 The other night.

01:45:31 There is no residence.

01:45:32 I think you have to go to Martinez' house to get to the

01:45:35 nearest residence.

01:45:36 These people have been in business, and they are going to be

01:45:41 in business.

01:45:42 I'm right down the street from -- you have got Hollywood

01:45:48 nights.

01:45:52 Popular with wet zoning.

01:45:54 But what it is, there's nothing around here but commercial,

01:45:57 cigar factories, Chinese restaurant.

01:46:00 It's commercial.

01:46:01 It's on a corner.

01:46:04 Only 700 square feet.

01:46:08 I don't know how much you can do in that.

01:46:11 I'm here to testify the only thing upstairs is a single

01:46:15 apartment, something like that.

01:46:16 So as far as I'm concerned, I have no exceptions to the,




01:46:23 just make sure they keep doing what they are doing.

01:46:25 They have been good neighbors, been there for years and

01:46:28 years and years.

01:46:29 And all you can see is that this will enhance the business

01:46:32 and maybe even create a couple of jobs.

01:46:36 I have no objections to it.

01:46:38 >>CHARLIE MIRANDA: Anyone else in the audience care to speak

01:46:41 at this time?

01:46:41 Anyone else?

01:46:45 >>YVONNE CAPIN: I have a question.

01:46:47 700 square feet.

01:46:48 What is the capacity?

01:46:49 What do we have?

01:46:50 What number?

01:46:51 >> Approximately 54.

01:46:57 54.

01:46:58 >> Is that the fire or capacity to the area for our purposes

01:47:06 for the --

01:47:08 >> That is the estimated occupant load given the square

01:47:12 footage.

01:47:14 >>YVONNE CAPIN: The square foot.

01:47:15 Okay.

01:47:16 Because it's a much smaller -- it's a small place.

01:47:21 But 700 square feet is really small space.

01:47:25 >>GLORIA MOREDA: Right.




01:47:26 The entire.

01:47:35 >>YVONNE CAPIN: I lived in a house that was 750 square feet

01:47:37 and I used to tell people when they came to visit, everyone

01:47:40 is going to have to go out the back door if someone comes in

01:47:44 the front door.

01:47:45 And that's how small the space is.

01:47:48 >> The calculation for the bar is about 700 square feet.

01:47:52 >>YVONNE CAPIN: Bar.

01:47:52 Okay.

01:47:54 Thank you.

01:47:55 >>CHARLIE MIRANDA: Anyone else?

01:47:56 Need a motion to close.

01:47:57 >> So moved.

01:47:57 >> Second.

01:47:58 >>CHARLIE MIRANDA: Motion by Mr. Reddick, second by Mr.

01:48:00 Cohen.

01:48:01 All in favor by council members?

01:48:04 Opposed?

01:48:04 The ayes have it unanimously.

01:48:09 Who would want to take this first reading ordinance are?

01:48:14 >>HARRY COHEN: Be I move an ordinance being presented for

01:48:16 first reading consideration, an ordinance repealing

01:48:19 ordinance -- oh, excuse me.

01:48:23 Yes, an ordinance repealing ordinance number 2104-A,

01:48:27 approving a special use permit S-2 for alcoholic beverage




01:48:31 sales, bar/lounge on premises consumption and package sales,

01:48:35 off premises consumption, and making lawful the sale of

01:48:38 beverages regardless of alcoholic content, beer, wine and

01:48:42 liquor, on that certain lot, plot or tract of land located

01:48:45 at 3000 North Armenia Avenue, Tampa, Florida as more

01:48:48 particularly described in section 3, that all ordinances or

01:48:51 parts of ordinances in conflict are repealed, providing an

01:48:54 effective date.

01:48:56 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen.

01:48:58 I have a second by Mr. Suarez.

01:48:59 This is first reading.

01:49:00 All in favor of the motion please indicate by saying aye.

01:49:03 Opposed nay.

01:49:04 Motion passed unanimously.

01:49:05 >>THE CLERK: Second reading and adoption will be held on

01:49:09 March 6th, 2014 at 9:30 a.m.

01:49:15 >>CHARLIE MIRANDA: Thanks very much.

01:49:16 Item number 39.

01:49:19 >>GLORIA MOREDA: This is petition AB-2-14-07.

01:49:23 And the address of the location is 1209 South Howard Avenue.

01:49:29 Currently a planned development district.

01:49:32 Part of the hotel development.

01:49:35 The request is for beer wine liquor package sales

01:49:41 consumption off premises only.

01:49:43 Currently the property does contain an approved alcoholic




01:49:48 beverage sales for beer and wine, as a specialty retail.

01:49:52 The square footage of the proposed area is 1091 square feet,

01:49:57 inside area only.

01:49:59 There is an existing parking structure on the property with

01:50:04 402 parking spaces.

01:50:06 The hours of operation are consistent with chapter 14.

01:50:13 They are requiring a distance separation requirement of the

01:50:20 nearest AB establishment.

01:50:22 The hotel does contain an approved AB license, so they would

01:50:27 be needing a waiver to zero feet.

01:50:34 Currently, as I said, they are approved for beer and wine

01:50:38 sales currently.

01:50:39 The special use site plan indicates that all chapter 27

01:50:43 conditions related to the PD zoning will be met along with

01:50:50 the substantial change plan dated July 12th, 2012.

01:50:54 They are going to be able to utilize the existing parking

01:50:59 structures that contains 402 spaces.

01:51:01 This use was identified in the prePD plan as an allowed use.

01:51:08 The site plan does need to be modified with a few

01:51:13 corrections, and revisions.

01:51:15 The property is in the Hyde Park urban village, and the

01:51:22 Hartline does run route 4 during the week from to 8 p.m.

01:51:30 generally speaking.

01:51:32 The nearest establishment is at 1207 South Howard Avenue,

01:51:37 which is at the epicurean hotel.




01:51:41 I have photographs of the property.

01:51:45 This is the parking garage.

01:52:01 It's here to the north.

01:52:02 This is the view of Howard Avenue.

01:52:07 And a view of Howard Avenue.

01:52:11 >> Officer Miller, City of Tampa police department.

01:52:21 We have no objection to the special use 2 request.

01:52:26 >>CHARLIE MIRANDA: Petitioner?

01:52:26 >>> Am I on?

01:52:37 My name is Victor Rudy DiMaio for the petitioner, Bern's

01:52:42 Fine Wine Experience.

01:52:44 My address is 4925 Independence Parkway, suite 195.

01:52:50 When I was asked to do this by David Laxer, it was an honor

01:52:54 and privilege because I have been going to Bern's steakhouse

01:52:57 since I was a little kid, and my parents, the late Vic

01:53:03 DiMaio Sr. used to award us by taking to Bern's, and

01:53:07 fortunately for me, my brother was very smart.

01:53:10 So I got to tag along and have dinner at Bern's.

01:53:13 But I want to go ahead and introduce the owner, and Dave

01:53:20 Laxer, stand up.

01:53:21 And the general manager.

01:53:25 And Kevin Kelly.

01:53:26 Stand up, Kevin.

01:53:29 He will say a couple words later.

01:53:31 Kevin is the chief sommelier of the wine store.




01:53:39 And Bern's steakhouse received a very prestigious award

01:53:44 that's akin to getting the Oscars in the restaurant

01:53:47 business.

01:53:48 The first time in the 58 year history of Bern's steakhouse

01:53:50 that that award has been given to Bern's so it's quite an

01:53:53 honor for Tampa.

01:53:54 As you know, Dave Laxer's late father established Bern's not

01:53:59 just as a fine steakhouse but also as the place where you

01:54:06 can get some of the finest wines in the world.

01:54:09 They have been known for their fine wine cellar.

01:54:12 I also want to introduce who did all the be design work,

01:54:16 site work and survey work for our team.

01:54:18 So Mike, thank you very much.

01:54:20 I just want to show you quickly on the map, we have the wine

01:54:24 store itself is just a little square in here.

01:54:27 Obviously the hotel surrounds it with the parking.

01:54:31 Just in the interest of the parking garage and it has a

01:54:33 couple of pictures I took of the wine store for those who

01:54:36 haven't seen it inside, and I want to make a note for the

01:54:41 general public after looking at this that they do have free

01:54:45 parking.

01:54:45 Don't have to valet your car, brand new chocolate pie or

01:54:50 bakery that just opened Valentine's day which is noted for

01:54:53 incredible pastries.

01:54:55 So there's a sign near the entrance.




01:55:02 Here is a picture from corners inside the wine store.

01:55:10 Shall and a couple of pictures here.

01:55:12 So mid December, they closed the store that they had, and

01:55:20 SideBern's, and we just moved one block south.

01:55:22 So mid December when the -- late December when the wine

01:55:27 store was open, we have been open now operating with beer

01:55:31 and wine.

01:55:31 So what we are asking for is to add spirits to the beer and

01:55:36 wine that we also serve, and the hotel itself also surrounds

01:55:40 the wine store, and full alcohol service within the hotel

01:55:45 itself.

01:55:47 No takeout in the hotel.

01:55:48 So we are just asking for spirits and the beer-wine service

01:55:53 that they have now and to continue the long service to the

01:55:56 public that they have had, to have some of the finest beer,

01:56:01 wine and spirits in the market that has made Tampa famous.

01:56:05 So if there's any questions, I would like Dave to come up

01:56:09 and say a couple words, if you don't mind.

01:56:11 Dave.

01:56:11 >> David Laxer, live at 830 south Rome Avenue, Hyde Park.

01:56:19 I just want to thank you, council members, for hearing this

01:56:22 petition.

01:56:23 I look forward to actually getting our Bern's fine wine and

01:56:27 spirits to allow spirits, which we did have previously at

01:56:30 our other location, as victor noted, about a block north of




01:56:35 us.

01:56:36 We think it's great to have another amenity such as this in

01:56:39 the neighborhood.

01:56:40 And, again, we are services a high-end clientele with

01:56:46 high-end wines and spirits.

01:56:49 And there should be no issues with this going forward.

01:56:53 I think it adds to the neighborhood.

01:56:55 Thank you.

01:56:55 >>MIKE SUAREZ: I have a quick question.

01:57:03 Mr. Laxer, and I'm trying to recall, because I don't think

01:57:07 that this particular board approved the original iteration

01:57:12 of what you have at the Epicurean.

01:57:14 >> Correct.

01:57:15 >>MIKE SUAREZ: With having a wine shop at that time and not

01:57:18 asked for it at that time?

01:57:20 >> Well, it is in the original PD.

01:57:22 It's just, I think, because of the licensing and the way

01:57:27 alcohol is perceived, because we relocated to a new venue.

01:57:33 And be it's separate space from the hotel.

01:57:37 We are going through the motions.

01:57:41 >> I got you.

01:57:42 I was just curious.

01:57:43 >> It was always contemplated.

01:57:45 >> It was not part as part of the land use plan the first

01:57:48 time, I guess.




01:57:49 That's the only thing I can figure.

01:57:53 Okay.

01:57:56 Ms. Moreda?

01:57:57 >>GLORIA MOREDA: It was part of the zoning as the use that's

01:57:59 allowed.

01:58:00 But the alcoholic beverage special use process is separate,

01:58:04 requires a separate public hearing.

01:58:06 >>MIKE SUAREZ: My point is when they originally zoned it --

01:58:09 >> They didn't know exactly the location to go through that

01:58:11 process at that time.

01:58:12 >>MIKE SUAREZ: That's what I wanted to find out.

01:58:15 I appreciate it.

01:58:18 >>CHARLIE MIRANDA: Other questions by council members?

01:58:21 >> My name is Kevin.

01:58:23 I live at 305 west Francis Avenue Tampa, Florida 33602.

01:58:29 I act as the manager for Bern's wine and spirits.

01:58:32 I have been employed with be the company for 13 years.

01:58:34 And we actually moved January 2nd to the new location at

01:58:37 the Epicurean hotel.

01:58:39 We have been located just a block and a half north, just

01:58:43 next door to SideBern's restaurant where we have been

01:58:46 selling beer, wine and spirits since 1996.

01:58:54 Thank you for your consideration.

01:58:55 >> Tom Haines, general manager at the Epicurean hotel,

01:59:02 looking for a home in Tampa.




01:59:06 [ Laughter ]

01:59:07 And really, if there's any questions you have about the

01:59:12 intent, I would be thrilled to have the amenity of Bern's in

01:59:17 the lobby of the hotel.

01:59:19 Our guests have responded very well to it and we are excited

01:59:22 to add this component to the hotel.

01:59:26 >>CHARLIE MIRANDA: Thank you very much.

01:59:26 >> So again we are not adding a new wine store.

01:59:31 We have already closed the one at SideBern's.

01:59:34 So we are just taking it one and moving it a block, so I

01:59:41 would reserve whatever time I have left for rebuttal.

01:59:44 And if you want to listen to public comment, I'll end my

01:59:49 presentation now if that's okay with you.

01:59:51 >>CHARLIE MIRANDA: Thank you very much.

01:59:51 Anyone in the audience care to speak on this item, number

01:59:54 39, AB-2-14-07?

01:59:58 Please come forward.

02:00:33 >>> Thank you.

02:00:34 This is a great opportunity.

02:00:35 We are really pleased for the first time to address City

02:00:43 Council regarding the hotel and talk about the permits, to

02:00:47 Bern's fine wine, liquor and spirits, fine wine and spirits.

02:00:51 Sorry.

02:00:52 This is a really unique situation in that today is our very

02:00:55 first opportunity to address you our elected council to




02:00:59 express any opinion.

02:01:04 Although this space is primarily retail, it is identified by

02:01:07 the team as an accessory use, a flexible space, and plan to

02:01:13 also hold events.

02:01:15 And I appreciate council's allowing me to address one very

02:01:19 related issue to this whole issue which is the accessory to

02:01:23 the hotel.

02:01:24 They are allowed under our code to be developed, that any

02:01:30 consideration for impact of accessory uses.

02:01:32 Way handed out to you today is the list of the many

02:01:35 wonderful accessory uses that are now located at the end of

02:01:39 my block.

02:01:40 We have a restaurant seven days a week, we have the rooftop

02:01:44 bar, known as social drinkery, the culinary display kitchen,

02:01:52 chocolate pie, which I have already tasted and it's

02:01:55 delicious, the pool cabana area, and the meeting spaces that

02:02:01 hold reception capacity for 560 people.

02:02:05 All of these are accessory uses to the 138 hotel rooms that

02:02:10 were approved by City Council.

02:02:13 The impact of these accessory uses is what I think we as a

02:02:18 city need to look at further.

02:02:22 When these accessory uses are approved -- not approved but

02:02:27 allowed by the code, there's no planning on the impact on

02:02:30 transportation.

02:02:30 I can tell you that are the Howard Avenue corridor is




02:02:33 experiencing a significant impact to transportation.

02:02:37 There's no discussion or ability for us to discuss light or

02:02:45 noise intrusion.

02:02:46 These are things that just happened.

02:02:48 I think probably when the city code was written nobody

02:02:50 thought they would be building hotels in neighborhoods.

02:02:52 But as our city has grown, we now have a beautiful hotel

02:02:56 surrounded by neighborhoods.

02:03:00 I really appreciate David Laxer, Bern's, they have been very

02:03:06 neighborly with us.

02:03:07 They have listened to our concerns.

02:03:08 But sadly, there was really nothing for us to do anything

02:03:11 about.

02:03:11 This is just what happens.

02:03:13 We got these accessory uses.

02:03:16 The officers of Bayshore Gardens neighborhood association do

02:03:21 not object and we welcome the license for Bern's fine wines

02:03:25 and liquor.

02:03:26 However, we do want to go on the agenda as saying we do

02:03:28 object to the city code that allows this intensive of a

02:03:33 development to be built in our neighborhood with no

02:03:35 consideration of planning for the impact.

02:03:37 Thank you.

02:03:38 (Bell sounds).

02:03:40 >>CHARLIE MIRANDA: Thank you.




02:03:40 Next, please.

02:03:41 >>> Joe Robinson.

02:03:47 You probably wonder why I am up here on this one.

02:03:50 The reason I'm up on this one is because I visit the place.

02:03:53 Okay.

02:03:56 I built one of the parking garages, a very creative job they

02:03:59 did.

02:03:59 Real good engineering and planning.

02:04:01 I want to say this.

02:04:03 Having been to Bern's across be the street, what can you

02:04:07 say?

02:04:10 As a matter of fact I wanted to buy the $10,000 bottle but

02:04:13 somebody beat me to it.

02:04:14 [ Laughter ]

02:04:15 Now, I went there, they have a cooking class, one of the

02:04:17 best presentations I have seen.

02:04:20 I reviewed the whole hotel top to bottom and even been on

02:04:23 the rooftop just before Tampa Gasparilla ship.

02:04:27 A beautiful view if you plan on going down there.

02:04:31 But the thing that makes this right is because as I said

02:04:33 earlier, it stays with the land.

02:04:35 It doesn't go with the owner.

02:04:36 And I don't think they are going anywhere. Bern's has been

02:04:39 there awhile.

02:04:45 There's nothing here that I can see negative.




02:04:47 It's in the Hyde Park urban village. You have the epicurean

02:04:51 hotel that's there. This is only for off-site consumption.

02:04:55 They already have the ability on-site.

02:04:57 And I checked it. Haven't been able to afford to go in

02:05:08 there, but I probably will next month.

02:05:11 [ Laughter ]

02:05:15 The right time.

02:05:18 And this is a unique situation.

02:05:20 Like she said, it's an accessory.

02:05:23 The great wine displays.

02:05:25 They want to add a little spirit to it, that's fine.

02:05:28 I met with folks, the store manager, I believe the general

02:05:31 manager when I was there looking at the site and it's

02:05:34 already a brand name, and one thing is they got this award

02:05:40 for their wine.

02:05:41 And if anybody has been to Bern's steakhouse the one across

02:05:45 the street and you take the visit, you know it's impeccable,

02:05:48 they keep it up, they are responsible vendors, and on the

02:05:54 other end of Howard, where we are having a problem, on the

02:05:56 other end where there's no parking.

02:05:59 These people have a parking garage next to none so there's

02:06:02 plenty of parking but on the other end to get down to the

02:06:05 other folks close to Kennedy is where you have a problem.

02:06:08 So I don't have a problem.

02:06:10 I want to congratulate them, and they had some minorities




02:06:16 there, and all I can say is I can't wait to get up on top of

02:06:21 that restaurant and have a drink.

02:06:22 Thank you.

02:06:23 [ Laughter ]

02:06:24 >>CHARLIE MIRANDA: Next, please.

02:06:25 >> Good afternoon and everyone in attendance.

02:06:32 My name is Jason Salvatore; I live at 1301 South Howard.

02:06:37 I originally did not intend to speak here today.

02:06:40 I'm here as part of public policy administration, and I

02:06:45 noticed on the agenda that there was something that

02:06:46 literally hit close to home so I figured I would give my

02:06:49 input.

02:06:51 I believe in free market economics, and support business,

02:06:57 especially ones that are responsible, and I believe that the

02:07:00 hotel should be granted this request, because they have been

02:07:06 responsible in the community and everything like that.

02:07:07 I live right next door.

02:07:09 There's been no disturbances or anything.

02:07:11 And I have actually been there before, and it's very nice

02:07:16 inside.

02:07:17 There's high quality there, and I haven't had any problems

02:07:21 with noise or anything.

02:07:22 And I think the council should demonstrate to businesses in

02:07:25 the City of Tampa that if they are responsible, then the

02:07:29 request is reasonable would be granted.




02:07:31 So that's all I have to say.

02:07:34 >>CHARLIE MIRANDA: Thank you very much.

02:07:35 Anyone else in the public care to speak?

02:07:37 >> Cole, 1406 South Moody Avenue, a south block off of

02:07:45 Howard Avenue.

02:07:46 I have been there for 30 years.

02:07:47 Unfortunately not all developers are as responsible as Mr.

02:07:50 Laxer and his team, and I want to take this opportunity to

02:07:54 just plead with you all as a council that you are here to

02:07:59 represent the citizens and the neighborhoods, also, not just

02:08:02 the developers.

02:08:03 And it's important that we all act in the best interest of

02:08:05 the City of Tampa -- citizens of Tampa.

02:08:09 When substantial changes are allowed with no review, when

02:08:12 accessory uses are allowed without review of the impact on

02:08:15 the transportation and the neighborhoods and the

02:08:18 infrastructure, with waivers routinely granted, we all

02:08:22 suffer the consequences.

02:08:23 We just ask you to continue to represent us, and please do

02:08:28 not do away with all the rules, the reviews, the guidelines

02:08:33 and things that need to be followed to ensure that we have

02:08:36 responsible development in the City of Tampa to make it the

02:08:39 wonderful place that we all want it to be to live.

02:08:42 Thank you.

02:08:43 >>CHARLIE MIRANDA: Thank you very much.




02:08:43 Anyone else in the public who has not spoken that would care

02:08:46 to speak on this item number 39?

02:08:48 Petitioner, you have rebuttal time if you care to have it.

02:08:52 >>> Again, it's a privilege to be able to do this particular

02:09:04 zoning request because Bern's and Tampa are synonymous with

02:09:08 high quality and good taste.

02:09:11 So if there's any other questions.

02:09:14 The only waiver on this particular request is a zero-foot

02:09:19 waiver only because the wine store itself is located within

02:09:22 the hotel.

02:09:23 So either there's no getting around it.

02:09:28 And parts of Councilman Suarez's question, the AB, alcoholic

02:09:34 beverage license requires a separate address for separate

02:09:39 venues.

02:09:39 So that's why -- in fact the City of Tampa did set up

02:09:44 separate addresses, for the main hotel, until the wine

02:09:47 store, chocolate pie was set up in the city gave them 1209

02:09:53 and the other addresses for the other things in the hotel.

02:09:56 So we have to have a separate address for a separate wine

02:09:59 license from the State of Florida.

02:10:01 So I would be more than happy to answer any questions you

02:10:03 may have at this time.

02:10:07 >>CHARLIE MIRANDA: Ms. Mulhern?

02:10:08 >>MARY MULHERN: I don't have any questions.

02:10:09 I just wanted to say to Karen and Vickie that I am going to




02:10:14 bring up addressing the question of accessory uses and some

02:10:20 other things under new business.

02:10:25 >>CHARLIE MIRANDA: Any council remarks?

02:10:28 I have a motion to close by Mr. Cohen.

02:10:30 Seconded by Mrs. Montelione.

02:10:31 Further discussion on the motion?

02:10:33 All in favor?

02:10:34 Opposed?

02:10:34 The ayes have it unanimously.

02:10:38 Mrs. Montelione, would you kindly read number 39, please?

02:10:41 >> Samples?

02:10:54 >> I haven't gotten any either.

02:10:56 I missed the opening, too.

02:10:58 Okay, folks.

02:11:00 I move an ordinance for first reading consideration, an

02:11:03 ordinance be rescinding alcoholic sales -- I'm having

02:11:08 trouble reading today.

02:11:10 An ordinance rescinding alcoholic beverage sales permit

02:11:13 AB-1-14-38 approving a special use permit S-2 for alcoholic

02:11:17 beverage sales, small venue, package sales offpremises

02:11:22 consumption only and making lawful the sale of beverages

02:11:24 regardless of alcoholic content, beer wine and liquor, at or

02:11:28 from that certain lot, plot or tract of land located at 1209

02:11:32 South Howard Avenue, Tampa, Florida, and more particularly

02:11:35 described in section 3, and that all ordinances or parts of




02:11:39 ordinances in conflict are repealed, providing an effective

02:11:40 date.

02:11:41 >> Second.

02:11:46 >>CHARLIE MIRANDA: Motion by Mrs. Montelione, seconded by

02:11:48 Mrs. Capin.

02:11:48 All in favor of that motion?

02:11:51 Opposed nay?

02:11:53 Motion passed unanimously.

02:11:54 >>THE CLERK: Mr. Chair, the second reading and adoption

02:11:59 will be held on March 6th, 2014 at 9:30 a.m.

02:12:05 >>CHARLIE MIRANDA: Thank you very much.

02:12:05 We go to item number 40, four-oh.

02:12:10 In this case, this cannot be heard.

02:12:13 Notice not perfected by the petitioner.

02:12:14 And it's asked to be rescheduled to April 3rd, the year

02:12:19 2014, at 10:30 in the morning.

02:12:21 Anyone here who would like to speak on this item regarding

02:12:25 the extension of time for reschedule only?

02:12:32 I have a motion by Mr. Reddick to reschedule to April

02:12:35 3rd the year 2014 at 10:30 in the morning.

02:12:38 I believe seconded by Mrs. Montelione.

02:12:40 Further discussion by council members on that?

02:12:42 All in favor of the motion please signify by saying aye.

02:12:45 Opposed nay.

02:12:46 The ayes have it unanimously.




02:12:48 Item number 41.

02:12:53 >>GLORIA MOREDA: Land development.

02:12:55 This petition AB-2-14-05 involves property at 1728 East 7th

02:13:01 Avenue.

02:13:03 The zoning of the property is YC-1.

02:13:06 The request is for a small venue, beer-wine on premises

02:13:13 only.

02:13:13 The square footage would be 1,460 square feet inside.

02:13:19 There is a small 10-square foot outside for a total of 1470

02:13:24 square feet.

02:13:26 Proposed hours are from 11 a.m. to 3 a.m., Sunday through

02:13:32 Saturday.

02:13:33 They are asking for a distance separation waiver from 250

02:13:38 feet to zero.

02:13:40 The request includes property that is a commercial structure

02:13:45 that has over 3,000 square feet.

02:13:48 This is on the first floor only.

02:13:50 One of the tenant spaces at 17 -- 1470 square feet.

02:13:56 The proposed use is for a retail cigar shop, and the

02:14:01 property is in the YC zoning district.

02:14:04 The proposed occupant load is estimated to be 40.

02:14:09 There is no off-street parking requirements required in the

02:14:12 YC 1.

02:14:14 They are, however, asking for the distance separation for

02:14:18 the nearest alcoholic beverage, which is located at casual




02:14:26 Italian at 1724 East 7th Avenue.

02:14:31 There are also 14 other establishments that have that

02:14:35 designation.

02:14:37 I have photographs.

02:14:49 West 7th Avenue.

02:14:54 Across the street on 7th Avenue.

02:14:57 Looking east.

02:15:02 The Italian club across the street from the establishment.

02:15:05 Another view of the front of the property.

02:15:10 There are some minor site plan revisions that will be

02:15:13 required if council is inclined to approve the request.

02:15:19 That concludes my report.

02:15:20 >> Officer Miller, City of Tampa police department.

02:15:26 We have no objections.

02:15:28 >>CHARLIE MIRANDA: Petitioner?

02:15:32 Grand address is suite 3700 Bank of America Plaza.

02:15:37 Here in Tampa.

02:15:38 I represent the Cincunegui family which established the

02:15:50 cigar shop as described.

02:15:52 The revisions total site plan are all clarifications and are

02:15:56 acceptable as she has stated.

02:15:57 Singranadi is with me this morning and wanted to speak to

02:16:02 you, but she could not return this afternoon.

02:16:06 We have no opposition that I am aware of and I respectfully

02:16:08 request your approval this afternoon.




02:16:11 >>CHARLIE MIRANDA: Thank you very much.

02:16:12 Comments by council members?

02:16:14 Mrs. Capin?

02:16:17 >>YVONNE CAPIN: Yes, Mr. Grandoff.

02:16:21 Your applicant is not here, right?

02:16:23 I mean, you are representing applicant?

02:16:26 >>JOHN GRANDOFF: Yes.

02:16:27 >>YVONNE CAPIN: They are not here.

02:16:28 Okay.

02:16:28 I'm looking at the hours of 11 a.m. to 3 a.m. Sunday through

02:16:32 Saturday.

02:16:36 Why not just to code 7 a.m. to 3 a.m. Monday through

02:16:42 Saturday and 11 to 3 on Sunday?

02:16:45 You never know.

02:16:46 You may want to do brunch.

02:16:48 That's my sales pitch on that one.

02:16:51 It's to code.

02:16:52 And it's just a few hours.

02:16:53 And I think that's where -- I myself.

02:16:59 When I see these hours, I think why limit?

02:17:10 Grand well, trying to be responsible operator.

02:17:21 >>YVONNE CAPIN: It would be to code which is 7 a.m. to

02:17:23 3 a.m. Monday through Saturday, and Sunday code hours are

02:17:28 11 a.m. to 3 a.m.

02:17:30 And should code hour changes, that would change.




02:17:33 >> Correct. We appreciate the amendment.

02:17:41 We'll meat code.

02:17:42 We'll meet code.

02:17:46 We'll state that on the site plan.

02:17:47 >> Counselor?

02:17:55 This being changed between first and second reading?

02:17:58 >> From what I understand the hours of operation noted on

02:18:00 the site plan.

02:18:01 So this would be something that could be changed between

02:18:03 first and second reading as long as it's part of the motion

02:18:06 and come back to the certified site plan.

02:18:08 >> We will ask for 7 a.m. to 3 -- excuse me, 7 a.m. to

02:18:15 3 a.m. Monday through Saturday, 11 a.m. to 3 a.m. on

02:18:18 Saturday and that would be stated in the last condition

02:18:20 under site data and the site plan.

02:18:23 >> I ask that the hours be to code, and the code is 7 a.m --

02:18:29 whatever the code -- the code is, 7 a.m.

02:18:33 The site plan is to code which is those hours.

02:18:36 >> That's even easier.

02:18:39 >>YVONNE CAPIN: Okay.

02:18:39 >> We request the code, please.

02:18:43 Thank you.

02:18:44 Good suggestion.

02:18:46 >>CHARLIE MIRANDA: Anyone in the audience ton speak on this

02:18:48 item number 41?




02:18:51 Motion to close by Mr. Reddick.

02:18:52 Seconded by Mr. Cohen.

02:18:54 Further discussion by council members?

02:18:55 All in favor of the motion please indicate by saying aye.

02:18:57 Opposed nay.

02:18:59 The ayes have it unanimously.

02:19:03 Mr. Cohen?

02:19:05 I mean, Mr. Reddick?

02:19:07 >>FRANK REDDICK: Move an ordinance being presented for

02:19:13 first reading consideration, an ordinance approving a

02:19:16 special use permit S-2 for alcoholic beverage sales, small

02:19:20 venue, consumption on premises only making lawful sale the

02:19:25 beer and wine at or from that certain lot, plot or tract of

02:19:29 land located at 1728 East 7th Avenue, Tampa, Florida as more

02:19:34 particularly described in section 2 that all ordinances or

02:19:37 parts of ordinances in conflict are repealed, providing an

02:19:39 effective date.

02:19:40 Including the revision as outlined.

02:19:44 >> Motion made by Mr. Reddick.

02:19:47 Seconded by Mr. Cohen.

02:19:48 And changes will be made between first and second reading on

02:19:51 the hours.

02:19:52 All in favor of the motion please indicate on first reading

02:19:55 by saying aye.

02:19:56 Opposed nay.




02:19:58 Motion passed 6-1.

02:19:59 >> Second reading and adoption will be held on March

02:20:07 6th, 2014 at 9:00 a.m.

02:20:09 >> Item number 42 is taken care of.

02:20:16 That will be heard at 10:30 in the morning.

02:20:22 Of we go now to item number 43.

02:20:32 >>MARTIN SHELBY: Item 42.

02:20:34 >>CHARLIE MIRANDA: 42 has already been done.

02:20:37 >>MARTIN SHELBY: 43. Review hearing.

02:20:39 Go on.

02:20:39 >>MARTIN SHELBY: Thank you.

02:20:40 On December 19th, to refresh your recollection, during

02:20:43 the public hearing, the hearing was conducted and closed,

02:20:46 and then some legal issues arose as to the scope of

02:20:49 conditions that were contained in a motion that was made

02:20:52 relating to this matter, and as you recall, I reviewed the

02:20:55 minutes.

02:20:55 A motion was made and it was seconded.

02:20:58 But because of those issues, the hearing was reopened and

02:21:01 continued till we could resolve those legal concerns.

02:21:05 And Mr. Mueller is here just to tell you about that.

02:21:08 And then we can address procedural issues.

02:21:10 >> Thank you very much.

02:21:11 Mr. Mueller?

02:21:12 >>ERNEST MUELLER: Thank you, Mr. Chair.




02:21:18 Assistant city attorney.

02:21:18 Just to go over with council a little bit.

02:21:20 The previous -- the motion that was made and seconded had

02:21:24 some conditions attached to it and that's where we came in

02:21:27 and raised a legal issue.

02:21:32 Again, since this is a de novo hearing the City Council has

02:21:35 basically stepped into the shoes of the VRB and you are

02:21:39 acting as the VRB or variance review board.

02:21:42 When the Variance Review Board conditions approve something

02:21:47 in and conditions that approval, this kind of goes with

02:21:52 that.

02:21:53 The conditions have to be kind of within the jurisdiction of

02:21:55 the VRB or in this case the City Council.

02:21:58 In this particular request, they are asking for a variance

02:22:04 to the rear yard setback.

02:22:06 So any condition has to be connected or have a nexus with

02:22:09 that rear yard setback because that's what you have

02:22:12 jurisdiction over is that rear yard setback.

02:22:14 Another important thing to always consider is that that

02:22:17 condition, that nexus, there has to be a nexus with the

02:22:21 impact of the variance request, and that means that it has

02:22:24 to be directly related to the variance and proportional to

02:22:29 that variance request.

02:22:34 So with that.

02:22:35 >>MARTIN SHELBY: That being said, council, it would be




02:22:37 appropriate then at this point, with that motion still being

02:22:40 out there, that either by council by motion or unanimous

02:22:43 consent withdraw that motion and withdraw the second, and

02:22:47 allow the hearing to proceed accordingly.

02:22:49 >>LISA MONTELIONE: Move to withdraw the motion as stated

02:22:54 during the December 19th hearing.

02:22:57 >>CHARLIE MIRANDA: Is there a second?

02:22:59 >> Second.

02:23:00 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione,

02:23:01 seconded by Mr. Cohen on a close vote with Mrs. Capin.

02:23:04 All in favor of that motion to withdraw please signify by

02:23:07 saying aye.

02:23:08 Opposed nay.

02:23:09 Motion passed unanimously.

02:23:10 >>MARTIN SHELBY: Finally, Mr. Chairman, I believe pursuant

02:23:12 to the code, I did speak with Mr. Grandoff.

02:23:15 He does have the DVD pursuant -- ass he already stated and

02:23:21 necessary to put into the record before council votes.

02:23:23 Thank you.

02:23:27 >>JOHN GRANDOFF: Suite 3700 Bank of America Plaza.

02:23:30 On behalf of Arnold Fultz on this appeal.

02:23:35 Let me provide the DVD to Mr. Shelby and ask if he would

02:23:39 file it in the record with madam clerk.

02:23:46 The DVD is the video of the Variance Review Board hearing.

02:23:51 Mr. Fultz application was reviewed by the Variance Review




02:23:59 Board and you indicated to reverse the denial.

02:24:03 The motion was a faulty motion.

02:24:05 I agree with Mr. Mueller's comments to you that that motion

02:24:11 wags properly rescinded.

02:24:13 I ask you now to approve the variance that Mr. Fultz

02:24:18 requested, and what he is requesting is a change of the year

02:24:21 yard from a 20-foot variance, 20 F.W. Woolworth rear yard,

02:24:26 to a 10-foot rear yard.

02:24:30 If you further all, there was opposition from the

02:24:32 neighborhood, and they wanted several conditions as part of

02:24:37 your approval.

02:24:38 And Mrs. Montelione had enunciated several of these

02:24:41 conditions, all of which were acceptable to Mr. Fultz.

02:24:45 However, in the posture of the case, you cannot condition

02:24:47 your decision this afternoon.

02:24:51 But I will refresh your recollection on those items that

02:24:55 were stated.

02:24:56 And Mr. Fultz has agreed to do those.

02:24:59 He also agreed further to limit the height of the new

02:25:02 structure that's going to go in the rear yard to one story,

02:25:07 and that was a specific request of Mr. Goers who lives next

02:25:11 door and had asked me if we could do that.

02:25:14 That is acceptable.

02:25:16 Now, the other items that were requested were that the

02:25:20 property remain in ALF.




02:25:23 Mr. Fultz chose to do so.

02:25:27 That it not be a commercial use, it can't become a

02:25:30 commercial use without a rezoning so that would be

02:25:32 prohibited under the land use plan and under the current

02:25:35 zoning.

02:25:35 So if there's a commercial use sought in the future, that

02:25:38 owner would have to come forward to change that so you have

02:25:40 a protection on that issue.

02:25:45 They want the front yard setback to remain at 35 feet which

02:25:48 is currently Mr. Fultz intends to keep it at 5 feet because

02:25:53 he's going to keep the structure.

02:25:54 Again he will comply with that, though you cannot compel him

02:25:57 to do that.

02:26:00 The request is for pervious or other pavers or tract of

02:26:05 material to be used in the driveway instead of asphalt.

02:26:08 Mr. Fultz will consider that.

02:26:10 He has not agreed to that yet but he says he will consider

02:26:13 that.

02:26:14 He wants four legal designated parking spaces to be

02:26:18 provided.

02:26:18 And I'm reading off the concerns of Mr. Vanderpool who is

02:26:22 here this afternoon.

02:26:22 We have put hopefully five parking spaces, as many as we can

02:26:26 permit on the property within the code.

02:26:29 We will do so.




02:26:31 Finally, as to the front facade, and the landscaping

02:26:36 maintaining a residential appearance, we will do that, also.

02:26:41 As a matter of practice, ALFs in the neighborhood wants

02:26:45 top look like homes because that is a selling point, and we

02:26:48 will certainly comply with that request.

02:26:53 To further refresh your recollection, this is an existing

02:26:55 home that's being converted into an ALF.

02:27:00 Let me see if I missed anything.

02:27:01 Stormwater was an issue.

02:27:03 That goes to the paver request that Mrs. Montelione had

02:27:07 mentioned.

02:27:08 We will comply with the stormwater code N.summary, new

02:27:11 construction has to handle stormwater on-site and you cannot

02:27:14 disburse stormwater off-site.

02:27:16 There is a significant drainage intake in the alley behind

02:27:20 this property.

02:27:22 Which is available for stormwater drainage.

02:27:27 I have covered all of those items.

02:27:29 I respectfully request that you approve this by motion,

02:27:35 reversing the Variance Review Board's denial, and approving

02:27:39 the variance as requested by Mr. Fultz.

02:27:42 Thank you.

02:27:44 >>CHARLIE MIRANDA: Thank you very much.

02:27:44 Any comments by council members at this time?

02:27:46 >>FRANK REDDICK: I have one question, Mr. Chair, does the




02:27:54 petitioner have to notice those neighbors about this meeting

02:27:57 here today?

02:28:03 They haven't been noticed yet.

02:28:05 >>MARTIN SHELBY: Mincing is they received notice when the

02:28:08 previous hearing was continued.

02:28:09 And at that point, the public was noticed.

02:28:11 But in terms of sending out mailing or posting the signs,

02:28:17 the code does not require that.

02:28:20 >>FRANK REDDICK: So the previous notice indicated it was

02:28:22 going to continue to this date?

02:28:24 >>MARTIN SHELBY: No.

02:28:25 The only times they receive a notice is if they were aware

02:28:28 of the previous hearing, which was noticed, and at that

02:28:31 hearing, it was continued to a date and time certain.

02:28:34 And they would have to know of that previous hearing for

02:28:39 which they received notice to be able to be at that hearing

02:28:43 or watch that hearing, or look at the minutes of that

02:28:46 hearing to know when it was continued.

02:28:49 >>FRANK REDDICK: So if they didn't attend that hearing or

02:28:51 watch it on TV or review the tape, they will not have known

02:28:54 about this hearing today?

02:28:57 Is that correct?

02:29:03 >>MARTIN SHELBY: If they were not aware of the outcome of

02:29:06 that hearing, that is correct.

02:29:10 >>CHARLIE MIRANDA: Any others? Mrs. Capin?




02:29:15 >>YVONNE CAPIN: It was continued December 19th.

02:29:18 Right?

02:29:19 >>MARTIN SHELBY: Yes.

02:29:19 And I believe there was a subsequent continuance because of

02:29:24 council's calendar, and maybe Mr. Grandoff can reflect --

02:29:28 January 23rd by the clerk.

02:29:32 >>YVONNE CAPIN: I was not here the 19th but I did watch,

02:29:35 and I did see the proceedings, and on the 23rd.

02:29:39 With regard to the notice to the public, it's the notice

02:29:42 that we give to all the public.

02:29:44 It is a public hearing, and everyone is notified the same

02:29:49 way.

02:29:50 Other than when they have first notified by mail of zoning

02:29:56 change.

02:29:59 So to that end everybody is notified the same.

02:30:03 >>MARTIN SHELBY: To be more specific for Mr. Reddick, on

02:30:06 December 19th it was continued to January 23rd, with

02:30:10 the same notice at a public hearing that was publicly

02:30:15 informing the public that that was continued to today.

02:30:18 So if they haven't followed the notice train, as an

02:30:22 interested party, then they would not know of today's

02:30:25 hearing.

02:30:30 >>CHARLIE MIRANDA: Anyone in the public care to speak on

02:30:31 this item?

02:30:32 I'm sorry, Mrs. Montelione.




02:30:33 >>LISA MONTELIONE: Thank you, sir.

02:30:36 I was just going to ask Mr. Goers to answer a question for

02:30:40 me.

02:30:40 I didn't realize I was going to speak during public comment.

02:30:45 But to the act of knowing when -- this is for you, Mr.

02:30:52 Goers -- the action of knowing when your public hearing that

02:30:59 you are interested in speaking on as a member of the public,

02:31:03 how did you know?

02:31:06 >>RANDY GOERS: 3312 north Bay Street.

02:31:09 I knew about the meeting because of the first meeting when I

02:31:12 was noticed for the designation 19th meeting, wasn't

02:31:15 able to make it because of a commitment that day.

02:31:18 But following up on the meeting, I knew about the continued

02:31:22 meeting to the 23rd of January.

02:31:25 I attended that meeting.

02:31:26 >> As I recall your name was on a petition with many other

02:31:30 names of your neighbors?

02:31:33 >>RANDY GOERS: Yes.

02:31:33 >> Did you subsequently have any conversations with any of

02:31:36 the neighbors that there was another meeting, or did

02:31:40 somebody go around like the same person went around and got

02:31:42 the signatures on the petition the first time?

02:31:45 Did anybody update the group, members of that petition that

02:31:49 the continuance was happening?

02:31:51 >>RANDY GOERS: No.




02:31:52 I didn't receive anything from the individuals that were

02:31:55 handling this petition.

02:31:58 We did have conversations with other members of the town

02:32:02 council association but that's it.

02:32:03 >> So other than the townhouse association knew it was going

02:32:06 to be continued?

02:32:08 >>RANDY GOERS: Yes.

02:32:08 >>LISA MONTELIONE: Okay.

02:32:10 >>RANDY GOERS: North "A" street.

02:32:13 Just to familiarize where I'm located or where we are

02:32:16 located.

02:32:19 You can see the subject property in yellow.

02:32:21 We are located to the west, the town homes.

02:32:26 I think in the original public hearing, at the public

02:32:30 hearing referred to as multifamily units, I just wanted to

02:32:33 clear up what they are, town homes that are owner occupied.

02:32:37 There's three of them in one association and one next to it

02:32:39 is also a separate association.

02:32:41 I did have discussion was the other owners of the town

02:32:45 homes.

02:32:46 One of us are in favor of the variance.

02:32:49 We agree with the findings of the Variance Review Board.

02:32:52 The property isn't in use today, the use it's currently

02:32:57 being used.

02:32:58 Property owner has several options, those that affect the




02:33:04 variance. He could upgrade the property and make

02:33:07 improvements to the property that he has today, which would

02:33:09 result in greater property value, return greater rents for

02:33:12 himself.

02:33:13 He could demolish the house and bring forward a rezoning for

02:33:20 multifamily unit, similar to other town homes similar to

02:33:24 what we have.

02:33:25 That would be preferred with what we think is the more

02:33:27 higher and best use.

02:33:28 He could also demolish the unit and put exact reply the type

02:33:31 of structure that he wants, that he's proposing in the

02:33:35 variance by doing that.

02:33:36 And of course he could also put a smaller -- make a request

02:33:39 for a smaller facility to the envelope.

02:33:45 This is the view -- I live in the back unit.

02:33:52 The unit that's most affected by the variance.

02:33:54 I live in the furthest to the back and that's the view lag

02:33:57 out towards the property.

02:33:58 There's two markers that I put on the fence line.

02:34:02 This line, this one here is about 20 feet.

02:34:09 To give an idea how much of the backyard would be taken up

02:34:12 by that variance request into the rear setback.

02:34:16 My concern obviously is the diminishment of the light here

02:34:21 that I have in the back.

02:34:23 Also, as Mr. Grandoff mentioned, one of the concerns what




02:34:27 happens with stormwater.

02:34:29 Our properties pass stormwater facilities on-site.

02:34:36 Obviously we are concerned that anything that goes through

02:34:42 doesn't impact our stormwater facility.

02:34:45 We had that conversation.

02:34:47 Mr. Grandoff appreciates the offer to limit the highlight of

02:34:50 that structure, the ten stories, but we still feel that the

02:34:54 Variance Review Board was correct and the variances that are

02:34:57 needed.

02:34:58 Thank you.

02:34:59 >>CHARLIE MIRANDA: Thank you very much.

02:34:59 Next, please.

02:35:00 >>> My name is Carmen DePalma, and I am representing

02:35:14 Westshore Palms neighborhood association at this moment as

02:35:17 the treasurer.

02:35:17 On February the 6th, we had our neighborhood association

02:35:21 meeting.

02:35:22 It was very well attended.

02:35:25 And during the meeting, a motion to request that City

02:35:31 Council up hold their decision of the Variance Review Board

02:35:34 was approved unanimously.

02:35:36 So since petitioner has not met the hardship criteria, we

02:35:43 ask that you uphold the decision of the variance review and

02:35:50 deny petitioner's request.

02:35:51 That concludes my part as the treasurer of the neighborhood




02:35:57 association.

02:35:59 As a resident of the neighborhood, I would like to add that

02:36:05 two and a half weeks ago we had another water main break on

02:36:08 Hubert Avenue, and I would like to know if there's any

02:36:12 concern with sinkhole because the pipes in that neighborhood

02:36:17 are so old, for instance, any construction has to put new

02:36:22 sewers and stuff, water main breaks over, and our concern is

02:36:26 if they are going to be putting that many people inside this

02:36:29 house, there's going to be either water main breaks, or the

02:36:32 storm sewers or the sanitary sewers.

02:36:35 Please, do something about this.

02:36:38 Thank you.

02:36:40 >>CHARLIE MIRANDA: Thank you very much.

02:36:40 Next, please.

02:36:41 >> Good afternoon.

02:36:47 My name is AnnMarie Reilly.

02:36:49 I live at 4306 North "A" street.

02:36:52 At the previous meeting on this matter, I submitted a

02:36:55 petition in opposition of this variance signed by homeowners

02:36:59 on the same block of North "A" street as the parcel under

02:37:02 review.

02:37:03 I hope you will take this into consideration.

02:37:06 Since building a larger size 12-person assisted living

02:37:09 facility is the reason for this variance request, I continue

02:37:13 to feel that this is a self-created hardship.




02:37:17 I also feel that this variance if granted would

02:37:20 substantially interfere with the welfare of the neighbors

02:37:23 whose property and quality of life would be affected

02:37:27 adversely by allowing this variance.

02:37:29 I notice the owner has added landscaping to the front of the

02:37:33 home since the last meeting.

02:37:35 That is very nice.

02:37:36 However, landscaping is not permanent.

02:37:39 If this variance is allowed to enable the owners to build

02:37:42 the ALF, I am more concerned about the following issues

02:37:46 which would have more permanence.

02:37:50 Harm property values, the preservation of two very large and

02:37:53 beautiful trees to the east of the property, adequate

02:37:56 on-site parking, residential appearance in the front of the

02:37:59 property, that the driveway and parking area be made of

02:38:04 impervious and attractive surface, because of these trees,

02:38:07 and also because if the ALF is built most of the property

02:38:11 will be covered in concrete.

02:38:13 Future use of the property if it is sold with the very large

02:38:18 concrete building attached to the back of the existing

02:38:20 residence.

02:38:21 I plan on living in my home for the rest of my life, and

02:38:24 these issues are of deep concern to me.

02:38:27 I continue to oppose this variance request and ask that City

02:38:31 Council up hold the unanimous decision of the variance




02:38:34 review board to deny the variance.

02:38:37 Thank you for considering these comments.

02:38:39 >>CHARLIE MIRANDA: Thank you very much.

02:38:40 Next, please.

02:38:40 >>> My name is Thomas Vanderpool.

02:38:46 Live 43 off North "A" street.

02:38:51 At the previous meeting, Mr. Grandoff showed photos of the

02:38:55 other houses on this block, and he pointed out that many of

02:38:58 the homes have structures in the backyard in the 20-foot

02:39:01 rear setback, and this sets a precedence in its request.

02:39:06 I would like to point out that these are all detached

02:39:09 structures and in no way compared to his proposal of

02:39:12 building the main structure into the setback nearly covering

02:39:15 the entire land area.

02:39:17 He also discussed the townhouse development next door as

02:39:21 Randy just addressed.

02:39:23 This development meets all the setback requirements, has

02:39:26 plenty of parking, and each of the units has green space

02:39:30 behind them.

02:39:32 This matter was discussed in depth at a recent meeting of

02:39:35 our neighborhood association.

02:39:36 All members present voiced strong opposition to it, and the

02:39:40 belief that it would be a detriment to our neighborhood, and

02:39:43 harm our quality of life.

02:39:45 The residents' concern should be taken into account in this




02:39:48 matter.

02:39:51 Mr. Grandoff says Mr. Fultz is addressing some of our

02:39:55 concerns with these conditions.

02:39:59 However, none of this is in writing.

02:40:00 None of this is binding.

02:40:02 I would say that if you wish to condition this in such a

02:40:08 manner, it should be pursued as a planned development for

02:40:11 all of these things can be put in writing, and he has to

02:40:16 adhere to them.

02:40:18 His promises are just promises.

02:40:21 Nothing in writing.

02:40:24 Mainly, I would like to discuss Mr. Grandoff's

02:40:28 interpretation of the hardship criteria. The rules clearly

02:40:32 state that a hardship cannot be self-created.

02:40:35 The variance reviewed board ask you discussed this in depth

02:40:39 and came to the unanimous conclusion that this hardship is

02:40:42 self-inflicted.

02:40:43 I ask that you up hold the decision in this matter.

02:40:46 Thank you.

02:40:47 >>CHARLIE MIRANDA: Thank you very much.

02:40:48 Next, please.

02:40:48 >> Don DePalma, 209 North Hubert Avenue, Tampa 33609.

02:40:59 The term neighborhood has many meanings and uses.

02:41:02 For example, neighborhood can be used to refer to small

02:41:04 group of houses in the immediate vicinity of one's house or




02:41:08 to a larger area with similar housing types and market

02:41:12 values.

02:41:13 Neighborhood is also used to describe an area describing an

02:41:17 institution, patronized by residents such as churches and

02:41:20 schools.

02:41:22 Absent from the definition is the word profit.

02:41:25 Today, you decide what defines Westshore Palms.

02:41:30 A neighborhood or a profit area?

02:41:33 The neighborhood design, yes.

02:41:34 It's a slow process and starts with one neighbor deciding

02:41:38 housing values are depressed and not worth to the put pretty

02:41:42 flowers in the front.

02:41:43 Another one things why should I pick up the trash in the

02:41:47 medium when taking a walk?

02:41:49 As soon as people stop cleaning up after the dogs, cancel

02:41:52 lawn services because all of that is an expense.

02:41:55 Soon, no one cares enough to call code enforcement or report

02:41:59 violations or looks the other way when a house is

02:42:02 vandalized.

02:42:03 The little guy had enough thinking no one cares, why should

02:42:07 I?

02:42:08 The application before us says this is the one.

02:42:12 We have to weigh potential for profit against the integrity

02:42:15 and well-being of the neighborhood.

02:42:16 What is more important, the little guy who loves his




02:42:19 neighborhood, or profit-driven expansion ultimately

02:42:22 resulting in apathy?

02:42:24 Thank you.

02:42:25 >>CHARLIE MIRANDA: Thank you very much.

02:42:25 Anyone else who has not spoken?

02:42:27 >>MARTIN SHELBY: Council, I have provided four the

02:42:35 application of the variance power where you expressly have

02:42:40 to find the applicant demonstrated difficulties or

02:42:44 unnecessary hardships and that the request ensures the

02:42:47 public health, safety and welfare are protected.

02:42:49 You have five criteria to be consider.

02:42:52 And with that, I turn it over to the chairman.

02:42:58 >>CHARLIE MIRANDA: Thank you very much.

02:42:59 Any comments by council members?

02:43:00 Mrs. Montelione.

02:43:01 >>LISA MONTELIONE: I have a couple of questions, Mr.

02:43:04 Grandoff.

02:43:06 As the five criteria which you are, I'm sure, intimately

02:43:09 familiar with, the first two, I think, are the most

02:43:17 prevalent or prominent in this case.

02:43:19 So can you specifically tell this council how these

02:43:26 hardships or practical difficulties are unique and singular

02:43:30 with respect to the property?

02:43:34 And as far as the second one goes, one of the members of the

02:43:37 public had spoken and asked, or made the statement that the




02:43:41 hardship or practical difficulty does not result from the

02:43:45 action of the applicant.

02:43:46 >> Criteria number one says the alleged hardships or

02:43:56 practical difficulties are unique and singular with respect

02:43:58 to the property, or with respect to the structure or

02:44:04 building thereon.

02:44:10 Uniquely singular this home was built in the 1950s with a

02:44:13 35-foot setback which is now a 25-foot setback by code.

02:44:18 So by building it prezoning, a vested building.

02:44:28 Here is the 10 feet.

02:44:29 Mr. Fultz is merely trying to get the ten feet back on the

02:44:33 rear yard, and that's the variance from 20 feet to 10 feet.

02:44:37 Nobody that came in opposition is talking to you about the

02:44:40 rear yard.

02:44:41 We are in a variance appeal disguised as a rezoning.

02:44:45 >>LISA MONTELIONE: I'm sorry, I believe Mr. Goers spoke

02:44:47 about the rear yard.

02:44:49 >> Okay.

02:44:50 Well, did he but he spoke about other structures in the rear

02:44:53 yard.

02:44:54 Number two criteria, the hardship or practical difficulty

02:44:57 does not result from the actions of the applicant.

02:45:01 We didn't build the building.

02:45:04 The building was built in 1952 before the city had zoning.

02:45:08 It's a prezoning legal nonconforming structure.




02:45:13 That Mr. Fultz had nothing to do with.

02:45:16 That's how he found the land.

02:45:17 Nights different than when be a pie shaped lot that creates

02:45:22 an extraordinary setback issue on a rear yard or side yard.

02:45:29 The objections which were brought forward in the appeal

02:45:33 hearing in December, stormwater, Mr. Goers brought, we have

02:45:38 the comply with stormwater.

02:45:39 This project still has to survive stormwater landscaping,

02:45:44 parking, fire, everything.

02:45:51 The lady from the association conclusory statement that we

02:45:56 don't meet the hardship criteria. She offers no proof to

02:45:59 you.

02:46:00 We have proved to you that the building was unfortunately

02:46:02 sited too far to the rear.

02:46:06 We simply want to get it back.

02:46:08 We have agreed that we can limit it to one story.

02:46:15 We have met the criteria.

02:46:17 Permitted use.

02:46:18 The gentleman that spoke just before I spoke, concern about

02:46:22 the neighborhood going to shambles because an ALF is going

02:46:25 to be here.

02:46:26 We are not in the rezoning posture.

02:46:28 We are simply asking, does the Variance Review Board have

02:46:33 competent substantial evidence when they considered the five

02:46:36 criteria that Mr. Shelby handed out to you?




02:46:39 And I submit to you they did not.

02:46:40 They got confused and thought that they were in their review

02:46:43 and a rezoning and the appropriateness of the use.

02:46:46 That's already been decided it.

02:46:48 This is simply a variance to build the building ten feet

02:46:52 further to the rear to gain what was lost in the front.

02:46:57 When we have the last hearing, when Mrs. Montelione

02:47:00 enunciated several of the conditions she would like to see,

02:47:04 my sense was that there was no misunderstanding that the

02:47:07 criteria had been met and that the use was a proper use.

02:47:11 We cannot do commercial without a rezoning.

02:47:14 I think that would be as a homeowner by biggest fear if a

02:47:19 commercial use came N.your protection on that is it would

02:47:22 have to be rezoned.

02:47:24 That's all I have.

02:47:25 I ask that you approve it this afternoon.

02:47:27 Thank you.

02:47:28 >>CHARLIE MIRANDA: I have Mrs. Capin and Mrs. Mulhern.

02:47:33 >>YVONNE CAPIN: (off microphone) it would be placed on

02:47:43 conditions between first and --

02:47:48 >> No, he cannot --

02:47:51 >>YVONNE CAPIN: I understand it.

02:47:51 It was 35 feet and changed to 25.

02:47:54 I read that in 1952.

02:47:57 Okay.




02:47:59 I'm fine.

02:47:59 Thank you.

02:48:00 >>MARY MULHERN: Thank you, Mr. Miranda.

02:48:05 This is all coming back to me now.

02:48:07 Why did we continue this?

02:48:14 >>JOHN GRANDOFF: Said, I would like to see several

02:48:15 conditions, stormwater, residential character.

02:48:17 I said let's come back on second reading if we can do that.

02:48:21 Mr. Mueller and --

02:48:23 >> But there is no second reading because this is a review

02:48:26 hearing.

02:48:26 >> You're right.

02:48:27 We were going to come back on first reading with the

02:48:29 conditions.

02:48:29 Mr. Mueller and Mrs. Kert correctly opined to you that we

02:48:34 cannot do that.

02:48:34 So we were out of order.

02:48:36 >> So we should have dealt with this.

02:48:39 I remember the vote on this the first time.

02:48:43 >> That's right.

02:48:43 >> So what you are saying is the hardship, the front yard

02:48:51 setback.

02:48:52 >> The front yard as built.

02:48:56 The building is 35 feet to the rear.

02:48:59 >> Right.




02:49:00 Okay.

02:49:00 >> When it only really has to be 25.

02:49:03 >>MARY MULHERN: That's the zoning.

02:49:06 The current zoning, which must have come in later than when

02:49:09 it was built.

02:49:11 >> Correct.

02:49:11 >> Because when -- I'm looking at the overhead.

02:49:16 And other than the two town homes that Mr. Goers resides and

02:49:22 the next one next door, it looks like all the other houses

02:49:26 are set back about the same distance as that one.

02:49:29 The entire block to the east and to the west, I can draw a

02:49:36 straight line through them, and it looks like all of the

02:49:39 houses are at the same distance back, pretty much close --

02:49:43 they must all be set back about 35 feet.

02:49:48 This is in our file.

02:49:49 So I don't know if everybody else has this.

02:50:03 So I think compared to the other houses in the neighborhood,

02:50:09 it doesn't appear to be a hardship.

02:50:11 >> Criteria 1 does not say do you have a hardship compared

02:50:18 to your neighbors.

02:50:19 That's a zoning concept.

02:50:20 >> How is it unique if all of the rest of them -- the houses

02:50:26 on the block, on that side of the block are set back the

02:50:29 same distance?

02:50:30 >> When you are in the posture of a variance you have to of




02:50:32 look at the uniqueness of the specific parcel, because you

02:50:35 are considering the specific issues with that parcel.

02:50:39 In a rezoning you are looking horizontal to other uses to

02:50:42 make sure they are compatible and consistent.

02:50:44 And you look at the exact be parcel, what is unique about

02:50:48 this parcel?

02:50:48 Is there a tree in the middle of the lot are? Is it an

02:50:53 extraordinary angle to one of the side lot lines?

02:50:58 In our case the building -- the house was built before

02:51:00 zoning was approved, before zoning was law in Tampa, and for

02:51:04 some reason, the builder built the building 35 feet from the

02:51:10 front lot line, when today you could demolish the home and

02:51:15 build it 25 feet from the front lot line, and you could feet

02:51:21 the 20 feet in the rear.

02:51:22 We are just trying to regain the 10 feet that was lost in

02:51:25 1952.

02:51:26 >> Right.

02:51:27 But you could demolish the house built within the actual

02:51:32 zoning.

02:51:33 >> Which would also -- you could do that.

02:51:37 Could also rebuild it as an apartment building by right.

02:51:44 >> Thank you.

02:51:49 >>CHARLIE MIRANDA: Thank you.

02:51:51 Anyone else?

02:51:55 Okay.




02:52:01 I don't know if we got to the rebuttal side.

02:52:03 That's your total presentation?

02:52:07 >> That's my rebuttal, Mr. Miranda.

02:52:09 I ask that you approve the application.

02:52:13 >>CHARLIE MIRANDA: All right.

02:52:13 Before we close, any more discussion by council members?

02:52:19 I have a motion to close by Mr. Reddick.

02:52:21 Seconded by Mr. Cohen.

02:52:22 All in favor of the motion to close please signify by saying

02:52:25 aye.

02:52:26 Opposed nay.

02:52:30 The eyes are getting weak.

02:52:32 Motion to close passed unanimously.

02:52:35 Okay.

02:52:36 What's the pleasure of the council?

02:52:38 Ms. Mulhern.

02:52:39 >>MARY MULHERN: I would move to uphold -- I move to uphold

02:52:45 the decision, unanimous decision of the Variance Review

02:52:47 Board based on the standard of review under 27-380, both 1

02:53:00 and 2.

02:53:01 Number 1, the alleged hardship are unique and singular with

02:53:06 respect to the property, or with respect to a structure

02:53:09 building thereon and are not separate and common with other

02:53:14 properties, structures or buildings similarly located, at

02:53:17 least from the photograph I have overhead.




02:53:25 It looks like of the buildings that I can see in this one

02:53:28 block of the street, there's one, two, three, four, five,

02:53:32 six, seven, eight, anyone, ten.

02:53:34 And of those ten, eight of them look like they are

02:53:41 single-family houses that are set back pretty close from

02:53:44 North "A" as this particular house.

02:53:49 I don't think it's a similar difficulty of that particular

02:53:52 development.

02:53:54 And secondly, the hardship or practical difficulty does not

02:53:57 result from the actions of the applicant, a self-created

02:54:01 hardship or practical difficulty not just by variance.

02:54:05 I think the applicant has decided to reconstruct within the

02:54:12 footprint and either take that building down, or add onto

02:54:16 the front and the back.

02:54:17 There are a lot of other options to achieve what they want

02:54:21 to do.

02:54:25 >>CHARLIE MIRANDA: I have a motion by Mrs. Mulhern.

02:54:27 I have a second by Mr. Reddick.

02:54:28 Further discussion on that motion by council members?

02:54:32 We'll take a voice vote.

02:54:33 All in favor of the motion for denial by Mrs. Mulherns

02:54:37 reasons stated seconded by Mr. Reddick, please signify by

02:54:40 saying aye.

02:54:41 Opposed nay.

02:54:44 Voice vote.




02:54:44 >> Can you please clarify the motion?

02:54:52 >>CHARLIE MIRANDA: The motion was for denial by Mrs. Mulhern

02:54:55 for the reasons she stated, to the criteria.

02:54:58 It was seconded by Mr. Reddick.

02:55:00 I am not going to go word for word because I didn't make the

02:55:02 motion.

02:55:03 >>MIKE SUAREZ: It was a motion to uphold.

02:55:07 >>CHARLIE MIRANDA: Yes, I apologize.

02:55:08 I'm sorry.

02:55:09 To uphold the variance review board.

02:55:11 And there was a motion taken and a vote taken.

02:55:14 But I couldn't get all the eyes and the nays.

02:55:18 They all came in one at a time just about.

02:55:21 So I am asking for a voice vote of the motion to uphold the

02:55:24 variance review board.

02:55:25 Motion made by Mrs. Mulhern.

02:55:27 Seconded by Mr. Reddick.

02:55:28 >>MIKE SUAREZ: No.

02:55:34 >>YVONNE CAPIN: No.

02:55:36 >>FRANK REDDICK: Yes.

02:55:40 >>MARY MULHERN: Yes.

02:55:43 >>HARRY COHEN: No.

02:55:48 >>LISA MONTELIONE: Yes.

02:55:55 >>CHARLIE MIRANDA: Yes.

02:56:00 >>THE CLERK: The motion carried by a vote of 4 to 2.




02:56:08 >>CHARLIE MIRANDA: 4 to 3.

02:56:15 >>JOHN GRANDOFF: Thank you for your time.

02:56:16 >>CHARLIE MIRANDA: Thank you very much for peering.

02:56:24 We go now to --

02:56:28 >> For the record I need to verify that council member

02:56:32 Suarez, Capin, and Cohen voted no.

02:56:34 Thank you.

02:56:38 >>CHARLIE MIRANDA: We go now to committee reports.

02:56:39 Items 14 through 35, I believe.

02:56:45 These are ordinances, 14 and 15, ordinances presented for

02:56:48 first reading.

02:56:51 Mrs. Capin?

02:56:53 You take item number 14, please.

02:57:02 >>YVONNE CAPIN: I will in just a second.

02:57:08 An ordinance being presented for first reading

02:57:10 consideration, an ordinance of the city of Tampa, Florida

02:57:13 amending City of Tampa code of ordinances chapter 15,

02:57:16 parking, amending section 15-42, related to parking within

02:57:21 designated spaces, amending section 15-282, and 15-121,

02:57:26 relating to actuating a parking meter, repealing all

02:57:31 ordinances or parts of ordinances in conflict therewith,

02:57:35 providing for severability, providing an effective date.

02:57:37 >> Second.

02:57:39 >>CHARLIE MIRANDA: I have a motion by Mrs. Capin, seconded

02:57:41 by Mr. Suarez.




02:57:42 Discussion?

02:57:43 >>LISA MONTELIONE: I just have a question.

02:57:45 I read the ordinance and the revisions, the red line copy.

02:57:49 And I'm asking this for the general public because there's

02:57:57 sometimes misconception.

02:57:58 There has only been this kind of unstated if you pay

02:58:01 somebody else's parking meter, that is a violation.

02:58:04 But in reading the whole ordinance, I didn't get that from

02:58:08 the ordinance.

02:58:10 I know it's a little more difficult nowadays because you

02:58:12 have the electronic meters, and drop a dime or nickel or

02:58:17 quarter in somebody else's meter.

02:58:20 But I would just like to clarify that.

02:58:22 >> Julie Hardy, legal department.

02:58:27 I'm not aware of that code or statute, that it's you will

02:58:34 legal to pay for someone else's parking meter.

02:58:37 >>LISA MONTELIONE: I didn't see it -- I heard people say

02:58:45 that before and I'm saying, I don't think that's in our

02:58:47 ordinance.

02:58:48 And now that it's being revised I still don't see it.

02:58:53 >>CHARLIE MIRANDA: You are talking about somebody parking,

02:58:54 going to the kiosk, paying the whatever it is, and then they

02:58:59 leave, and in essence, they haven't used that time and

02:59:02 somebody parks there?

02:59:03 >>LISA MONTELIONE: No, no.




02:59:05 I mean if a parking meter expires, and --

02:59:10 >>CHARLIE MIRANDA: Coin meter.

02:59:11 >>LISA MONTELIONE: Because with the electronic ones, you

02:59:14 can't tell whether or not it's expired just by looking at

02:59:17 it.

02:59:17 But we still have existing coin meters throughout places in

02:59:21 the city.

02:59:23 If you see that one is expired, you are not the owner of the

02:59:27 car.

02:59:28 It's somebody else's car.

02:59:30 And you go ahead and you put money in the meter and extend

02:59:33 that time as a good Samaritan.

02:59:38 People have asked me that.

02:59:40 And I said, no I don't think it's against the law to do

02:59:43 that.

02:59:43 >> I have heard that before, a clown or something.

02:59:49 >> I don't believe that's in our code.

02:59:57 I never read that.

02:59:58 >> I didn't see it in there either.

03:00:00 I wanted to clarify.

03:00:01 >>HARRY COHEN: I just wanted to say, it's not illegal to do

03:00:07 that.

03:00:07 There's no mechanism for giving someone a ticket for paying

03:00:11 someone else's fare and it's actually perfectly legal to pay

03:00:16 someone else's ticket.




03:00:21 >>CHARLIE MIRANDA: You hope you carry a lot of change, Mr.

03:00:24 Cohen.

03:00:24 [ Laughter ]

03:00:26 All right.

03:00:28 I have a vote to take, I believe, on item number 14.

03:00:31 All in favor of the motion?

03:00:35 Ms. Capin read the motion. It was seconded by Mr. Suarez, I

03:00:39 believe.

03:00:40 All in favor of that motion please indicate by saying aye.

03:00:43 Opposed nay.

03:00:44 Motion passed unanimously

03:00:46 We go to item number 15.

03:00:48 Ordinance presented --

03:00:50 >>THE CLERK: Excuse me, Mr. Chair, if you will.

03:00:52 The second reading will be held on March 6th at 9:30

03:00:55 a.m.

03:00:56 Thank you.

03:00:58 >>CHARLIE MIRANDA: Thank you very much.

03:00:58 We go to second reading.

03:00:59 First reading on item number 15.

03:01:02 Mr. Reddick, would you take that one, please?

03:01:11 Move an ordinance being presented for first reading

03:01:20 consideration, an ordinance of the city of Tampa, Florida,

03:01:23 authorizing amendment for K-Bar Ranch community

03:01:28 redevelopment district, providing for the amendment of the




03:01:31 boundaries of the district by removing parcels of land that

03:01:34 will not be served by the district and adding additional

03:01:37 lands that will be served by the district which will result

03:01:39 in a net gain of 80.096 acres M.0.1 for a total of 525,906

03:01:52 acres comprising the district and situated entirely within

03:01:57 the boundaries of the City of Tampa, Hillsborough County,

03:01:59 Florida, and district being generally located north of Cross

03:02:03 Creek Boulevard, west of Morris Bridge Road, east of Bruce

03:02:07 B. Downs Boulevard, and south of the Hillsborough County

03:02:11 line, the amended boundary being more particularly described

03:02:14 in section 2 hereof pursuant to chapter 190, Florida

03:02:18 statutes, providing for severability, providing an effective

03:02:20 date.

03:02:21 >>CHARLIE MIRANDA: Mr. Reddick, I have a motion by Mr.

03:02:23 Reddick, seconded by Mr. Cohen.

03:02:25 I just want to make sure for the record, is it 525,906

03:02:30 acres? 525.906 acres? Which one is it?

03:02:34 Does anybody know?

03:02:37 I want to make sure it's right.

03:02:38 That's why I'm saying this.

03:02:39 >> 525.906 acres.

03:02:45 >>CHARLIE MIRANDA: That's correct stated by Mr. Reddick,

03:02:47 525.906 acres.

03:02:52 Okay.

03:02:53 All in favor of the motion for first reading say aye.




03:02:57 Opposed nay.

03:02:58 The ayes have it unanimously.

03:02:58 >> We'll take up a collection for new glasses.

03:03:01 >>THE CLERK: The second reading and adoption will be held

03:03:06 on March 6th, 2014 at 9:30 a.m.

03:03:10 >>CHARLIE MIRANDA: We go to Public Safety Committee chair,

03:03:12 Mr. Frank Reddick.

03:03:13 >>FRANK REDDICK: I move item 16.

03:03:17 >> I have a motion by Mr. Reddick.

03:03:19 A second by Mr. Cohen.

03:03:21 Further discussion by council members?

03:03:22 All in favor please signify by saying aye.

03:03:25 Opposed nay.

03:03:25 The ayes have it unanimously

03:03:27 Parks, Recreation, Culture Committee chair, Mrs. Mary

03:03:30 Mulhern.

03:03:30 >> Thank you, Mr. Chairman.

03:03:31 I move items 17 through 20.

03:03:34 >>CHARLIE MIRANDA: Seconded by Mr. Reddick.

03:03:36 Further discussion by council members? All in favor of the

03:03:38 motion please signify by saying aye.

03:03:40 Opposed nay.

03:03:41 The ayes have it unanimously.

03:03:43 Public Works Committee chair, Mr. Mike.

03:03:45 >>MIKE SUAREZ: Suarez I move items 21 through 24.




03:03:50 >>CHARLIE MIRANDA: Seconded by Mrs. Mulhern.

03:03:51 Further discussion by council members?

03:03:52 All in favor of the motion please signify by saying aye.

03:03:55 Opposed nay.

03:03:56 The ayes have it unanimously.

03:03:57 >> Finance Committee chair Mr. Harry Cohen.

03:04:01 >> I move items 25 through 28.

03:04:03 >> Second.

03:04:04 >> I have a motion by Mr. Cohen.

03:04:06 I have a second by Mr. Suarez.

03:04:07 Further discussion by council members?

03:04:08 All in favor of the motion please indicate by saying aye.

03:04:11 Opposed nay.

03:04:12 The ayes have it unanimously.

03:04:14 Building, zoning, preservation committee chair, Lisa

03:04:17 Montelione.

03:04:17 >> Thank you, Mr. Chair.

03:04:19 I move items 29 through 34.

03:04:21 >> Second.

03:04:22 >>CHARLIE MIRANDA: Motion by Mrs. Montelione.

03:04:24 Seconded by Mr. Cohen on a close vote with Mr. Suarez.

03:04:27 All in favor of the motion?

03:04:29 Opposed?

03:04:30 The ayes have it unanimously.

03:04:32 Transportation committee chair, Yvonne Yolie Capin.




03:04:37 >>YVONNE CAPIN: I move item 35.

03:04:38 >> I have a motion by Mrs. Capin, seconded by Mrs. Mulhern.

03:04:42 Further discussion by council members?

03:04:43 All in favor?

03:04:44 Opposed?

03:04:45 The ayes have it unanimously.

03:04:47 Information reports.

03:04:47 We go from left to right.

03:04:50 Mrs. Montelione.

03:04:50 >>LISA MONTELIONE: Thank you, Mr. Chair.

03:04:55 After several weeks of not having any new business, I have

03:04:58 several.

03:05:12 I thought everybody would be amused by that.

03:05:15 That's why I made it my opening statement.

03:05:17 I request that Mike Merrill, Hillsborough County

03:05:19 administrator, appear and give council a briefing on the

03:05:22 work of the transportation for economic development

03:05:25 leadership group to include proposed economic development

03:05:29 centered location maps, establishment of a new governance

03:05:32 body for transportation, and a time line of recommendations

03:05:37 as these decisions greatly impact the city.

03:05:40 I know, Mr. Suarez, you sit on that committee, our new

03:05:43 member.

03:05:44 >>MIKE SUAREZ: They have not come up with anything.

03:05:49 What date are we talking about?




03:05:52 >> March 6th.

03:05:54 >>MIKE SUAREZ: It's pretty darn nebulous.

03:05:56 >> I had a meeting with Mr. Merrill recently.

03:06:00 He said his work would be wrapped up by March or April and I

03:06:04 would like City Council to receive a briefing before they

03:06:07 wrap things up.

03:06:08 And if you tell me March or April, I figured March 6th

03:06:11 would be a good date.

03:06:12 >> All right.

03:06:14 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione.

03:06:16 Seconded by Mr. Suarez, I guess.

03:06:22 All in favor of the motion?

03:06:26 March 6th.

03:06:28 At what time?

03:06:29 >> 9:00 a.m.

03:06:31 >> 9:00 a.m.

03:06:32 Okay.

03:06:34 Please signify by saying aye.

03:06:36 The ayes have it unanimously.

03:06:37 >>LISA MONTELIONE: I would also request on March 6th --

03:06:41 and I did check the calendar, and we don't have a heavy day

03:06:44 that day -- but I request Dr. Emanuel or another

03:06:48 representative of USF College of Public Health or Pediatrics

03:06:51 appear with Jeremiah Kerr to give us a report on the Ybor

03:06:59 Youth Clinic, March 6th at 9:00 a.m.




03:07:02 >>CHARLIE MIRANDA: Motion by Mrs. Montelione.

03:07:03 Seconded by Mr. Reddick.

03:07:04 All in favor of the motion please signify by saying aye.

03:07:07 Opposed nay.

03:07:08 The ayes have it unanimously.

03:07:09 >>LISA MONTELIONE: One last thing is a public service

03:07:11 announcement.

03:07:13 I said a few.

03:07:15 Thursday, February 27, 2014 homeless count.

03:07:21 It will be conducted between 4 a.m. and 11 p.m.

03:07:26 And an 8-hour or 10-hour work day.

03:07:29 Isn't an excuse not to participate.

03:07:32 If you would like further information, or to register with

03:07:36 the information on training to be a part of the homeless

03:07:39 count, you can go to www.homelessofHC.org or call the Tampa

03:07:48 Hillsborough Homeless Initiative at 813-223-6115.

03:07:55 That is a council day.

03:07:59 But it starts at 4 a.m. and ends at 11.

03:08:12 >>CHARLIE MIRANDA: Thank you very much.

03:08:13 Mr. Cohen.

03:08:13 >>HARRY COHEN: First of all, I move a resolution approving,

03:08:21 ratifying and confirming the appointment we made today of

03:08:24 Susan Long as a member of the VRB.

03:08:26 >> Motion by Mr. Cohen.

03:08:27 Seconded by Mr. Suarez.




03:08:30 All in favor?

03:08:31 Opposed nay?

03:08:32 The ayes have it unanimously.

03:08:33 >> Second, I would like to make a motion to present a

03:08:37 commendation tomorrow to Sandra butler department of

03:08:41 wastewater and her retirement of 39 years of service to the

03:08:44 City of Tampa.

03:08:45 >> Seconded by Mrs. Montelione.

03:08:49 All in favor?

03:08:51 Opposed?

03:08:51 Ayes have it unanimously.

03:08:52 >>MARY MULHERN: Thank you, Mr. Chairman.

03:08:59 I have two things.

03:08:59 One, I would like to add to the April 24th workshop.

03:09:06 I believe that's our regulation of alcohol S-1 and S-2

03:09:12 permit.

03:09:16 So I would like to add to that the topic of hotel accessory

03:09:21 uses as it relates to those permits.

03:09:26 >>HARRY COHEN: Second.

03:09:27 >> Motion by Mrs. Mulhern.

03:09:29 Second by Mr. Cohen.

03:09:32 Council?

03:09:33 >>MARY MULHERN: I guess I want to ask council's advice on

03:09:36 whether we should add this, too.

03:09:38 But there were a couple of people that spoke this morning




03:09:40 about the problem with the outdoor sound.

03:09:46 >>HARRY COHEN: We have that scheduled already.

03:09:47 That's actually --

03:09:49 >>MARY MULHERN: Here is way want to ask.

03:09:51 People who are listening more closely than me.

03:09:54 I can't remember which venue it was that they were talking

03:09:57 about.

03:09:58 But I'm concerned that one of those venues could be approved

03:10:03 administratively, and now they have outdoor stages.

03:10:07 And I think this is something that should come in front of

03:10:10 us, too.

03:10:11 >> If I could, I think we all might have received these

03:10:15 e-mails.

03:10:16 There was a discussion as to whether or not something was

03:10:19 built illegally in order to provide that, whether it was a

03:10:23 stage or whether it was an upper area, and not only World of

03:10:26 Beer was one place that was mentioned but may have been

03:10:29 another location.

03:10:30 But you think we all received the same e-mail which said we

03:10:33 believe that this was illegally built.

03:10:36 So the noise is there of course, and that's a big issue.

03:10:39 But the precedence issue --

03:10:47 >> Ask for a permit?

03:10:48 >> That's at least what I got out of it.

03:10:51 >>CHARLIE MIRANDA: Mrs. Capin?




03:10:53 >>YVONNE CAPIN: When things that are approved

03:10:55 administratively, it is on there, and the outdoor

03:10:58 amplification can be 11 p.m.

03:11:01 >> If it would even allow them to have outdoor --

03:11:07 >> Well --

03:11:09 >> Can I add that?

03:11:11 >>HARRY COHEN: Can I make a suggestion?

03:11:13 We have the noise discussion coming up prior to that.

03:11:15 So if you are not satisfied with where that discussion goes,

03:11:17 you can always bring it up and bring it back in April.

03:11:19 >>MARY MULHERN: Okay.

03:11:20 So did you get that?

03:11:23 I'll restate my motion, because -- I would like to add to

03:11:31 the April 24th workshop on the regulation of alcohol

03:11:35 sales, the topic of hotel accessories as it pertains to S-1

03:11:41 permits.

03:11:41 >> Second.

03:11:43 >>CHARLIE MIRANDA: Motion by Mrs. Mulhern, seconded by Mr.

03:11:45 Cohen.

03:11:46 Discussion of that motion?

03:11:47 All in favor of the motion please indicate by saying aye.

03:11:49 Opposed nay.

03:11:49 The ayes have it unanimously.

03:11:51 >>MARY MULHERN: And here is my second.

03:11:53 Per the memo I shared with you yesterday, I would like to




03:11:57 request a 15-minutes for presentation by Holly Greening,

03:12:02 Executive Director of the Tampa Bay estuary program, for the

03:12:06 council meeting of March 29th.

03:12:08 Holly will provide a brief presentation on the value of the

03:12:11 estuary program and the city's participation as a member.

03:12:16 The presentation is approximately ten minutes, and we would

03:12:20 like to allow an additional five minutes for any questions.

03:12:24 And the program is very important and supports is city as

03:12:28 well as the region.

03:12:30 >>CHARLIE MIRANDA: Seconded by Mr. Cohen.

03:12:31 Further discussion?

03:12:32 All in favor of the motion?

03:12:34 Opposed? The ayes have it unanimously.

03:12:37 Anything else?

03:12:39 >>FRANK REDDICK: One item, Mr. Chair.

03:12:41 I want to request a commendation for the Hillsborough

03:12:49 County, at new mount Baptist church.

03:12:52 >> I have a motion by Mr. Reddick, seconded by Mrs.

03:12:56 Montelione.

03:12:56 All in favor of the motion?

03:12:58 Opposed?

03:12:58 The ayes have it unanimously.

03:13:00 Anything else, sir?

03:13:01 Mrs. Capin?

03:13:04 Thank you.




03:13:04 Mr. Suarez?

03:13:06 >>MIKE SUAREZ: I have two things, Mr. Chair.

03:13:09 The first one is the Bob Graham center has a Florida citizen

03:13:18 of the year and young Floridians of the year award.

03:13:21 These awards recognize individuals who have made substantial

03:13:24 contributions to the State of Florida, both professionally

03:13:27 and civically.

03:13:29 To be eligible the individual must be a Floridians residing

03:13:31 in the state for a minimum of five years.

03:13:33 And the individuals selected for the award should exhibit a

03:13:37 commitment to the common good and the dedication to making

03:13:40 Florida a better place to live and work.

03:13:42 A young Floridian, unfortunately for all of us up here, is

03:13:47 defined as someone under the age of 40 by the March

03:13:49 21st, 2014 deadline.

03:13:52 In order to nominate anyone, please send an e-mail to the

03:13:55 following.

03:13:58 SHELADK9@UFL.EDU, or for additional information visit the

03:14:06 Bob Graham Center online or call 352-846-1575.

03:14:13 There are no self-nominations.

03:14:15 So that said, none of us are going to be able to be on

03:14:21 there.

03:14:24 [ Laughter ]

03:14:29 The deadline is March 21st.

03:14:32 Also, the second item -- and this one is -- that was just a




03:14:38 PSA.

03:14:39 You know, Mr. Reddick -- I do the PSA first. I got your

03:14:45 attention now.

03:14:47 The second is that both through my role as sitting on the

03:14:51 board at Hart and also through my role at the streetcar

03:14:56 board, which my colleague Mrs. Capin is familiar with

03:14:59 because she has served with me before, our biggest issue

03:15:03 right now is a crossing with CSX.

03:15:07 The amount of money we have to spend on a yearly basis for

03:15:11 insurance is exorbitant, somewhere in the neighborhood of

03:15:14 $400,000.

03:15:15 Both Hart and the street car board sent resolutions to the

03:15:18 legislature asking them to help include our crossing into

03:15:25 the railroad crossing situation, that both SunRail use with

03:15:33 CSX, enrolled in their program for insurance and they don't

03:15:36 have to provide insurance for the crossing.

03:15:40 I would like to ask that the council write a letter of

03:15:43 support on our request to the Florida legislature to amend

03:15:47 the state liability agreement with CXS to include the TECO

03:15:50 streetcar line.

03:15:53 >>YVONNE CAPIN: I second it and I want to make a comment

03:15:55 about it.

03:15:57 Okay, yes.

03:15:58 I remember making this suggestion when I was on the board,

03:16:04 to roll it into the state.




03:16:06 So I'm glad to see that was looked into, and yes,

03:16:11 wholeheartedly I second it.

03:16:13 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez.

03:16:14 Second by Mrs. Capin.

03:16:16 Let me say this.

03:16:16 When we built this under the Greco administration, we didn't

03:16:20 even know that CSX was going to do something like that, and

03:16:24 they did.

03:16:25 And it's been costing millions of dollars since that time.

03:16:28 And it's a shame.

03:16:29 And that's what you get for believing in a railroad.

03:16:32 Anything else?

03:16:36 I need a motion to receive and file all the documents.

03:16:41 I have a motion by Mr. Reddick.

03:16:43 Seconded by Mr. Cohen.

03:16:48 Say aye.

03:16:48 I don't think I took that vote on the letter.

03:16:50 I have a motion by Mr. Suarez.

03:16:52 Second by Mrs. Capin.

03:16:53 And the letter is CSX.

03:16:55 All in favor say aye.

03:16:57 Opposed nay.

03:16:57 The ayes have it unanimously.

03:16:59 Let me go to the general public, any one of the 512 people

03:17:03 that would like to speak?




03:17:04 Would be the media like to speak?

03:17:06 Thank you very much.

03:17:07 I see no one.

03:17:08 At this time, we stand adjourned.

03:17:14 >> (Meeting adjourned.)

03:17:14



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