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TAMPA CITY COUNCIL

Thursday, March 6, 2014
9:00 a.m.

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09:01:21 >>CHARLIE MIRANDA: City Council is called to order.

09:03:16 The Chair yields to Mr. Mike Suarez.

09:03:20 >>MIKE SUAREZ: Thank you, Chair.

09:03:21 It's my pleasure to introduce Father George Corrigan, the

09:03:24 pastor of the historic downtown Catholic church, Sacred

09:03:27 Heart, just down the street from here.

09:03:29 George is a Franciscan friar and wears a traditional habit

09:03:33 of followers of Saint Francis of Assisi and I believe some

09:03:37 other Catholic priests who might have rosen up might be a

09:03:41 member of your order.

09:03:42 I'm not sure, but I think his name is Frances also.

09:03:44 He's resided and ministered to Sacred Heart almost seven

09:03:47 years. He loves Tampa, as everyone else who lives here

09:03:50 does, and enjoys the opportunity to be stationed back in his

09:03:53 native Florida.

09:03:54 Father George grew up in the College Park neighborhood of

09:03:57 Orlando.

09:03:57 He has an unusual background for priests.

09:04:00 He graduated from the United States Naval Academy in 1974.

09:04:04 He served aboard nuclear submarines for eight years before

09:04:08 moving into the civilian sector and working in information

09:04:11 technology.

09:04:11 In 1996, he joined the Franciscans and has worked in Kenya,

09:04:15 Washington, D.C., Raleigh, North Carolina and now here in

09:04:18 Tampa.

09:04:18 Please, everyone, rise and stay up for the Pledge of

09:04:25 Allegiance.

09:04:26 Father, George, please.

09:04:28 >> Let us bow our heads and just pray for God's blessings.

09:04:34 Good and gracious God, you have made this day, this day in

09:04:40 which we come to do your will and your work in the world.

09:04:43 Each one of us our own way.

09:04:46 Each one of us in the role we have been given.

09:04:49 Lord, we ask two things on this day.

09:04:51 Give us above all a grateful heart, give us a heart for the

09:04:55 good work of this Council, for the good work of this city.

09:04:58 And give us wisdom, that the decisions that are made here,

09:05:02 the things that are discussed, are infused with your most

09:05:06 holy name, infused with your will.




09:05:08 We may accomplish for you in the most good and pleasing way,

09:05:13 the works that you would have us do.

09:05:15 We make this prayer always in your most holy name, Amen.

09:05:21 [PLEDGE OF ALLEGIANCE]

09:05:37 >>CHARLIE MIRANDA: Roll call?

09:05:40 [Roll Call]

09:05:42 >>MIKE SUAREZ: Here.

09:05:45 >>FRANK REDDICK: Here.

09:05:47 >>HARRY COHEN: Here.

09:05:49 >>CHARLIE MIRANDA: Here.

09:05:50 >>CHARLIE MIRANDA: Okay, I need a motion for approval of the

09:05:56 meetings of the record session February 20th.

09:05:58 Motion by Mr. Cohen, second by Mr. Suarez.

09:06:00 All in favor of the motion, please indicate by saying aye.

09:06:03 Opposed nay.

09:06:05 The ayes have it unanimously.

09:06:05 Okay.

09:06:07 We go to now Mr. Reddick, who will do the presentation of

09:06:11 commendation of item number one.

09:06:17 >>FRANK REDDICK: Good morning, Council.

09:06:42 >> The rain has dampened their spirits, I think a little

09:06:46 bit.

09:06:47 >>FRANK REDDICK: It's an honor to have the ladies of Delta

09:07:02 here with us this morning.

09:07:03 They celebrate the government day in the City of Tampa.




09:07:06 And the Tampa City Council would like to recognize you for

09:07:10 over a hundred years of contribution to the nation and over

09:07:13 67 years of services to the City of Tampa.

09:07:16 We are thankful for this opportunity to have you here.

09:07:18 We know all the good things you do in the community.

09:07:21 We all know all the good things you do worldwide.

09:07:23 So, we're just honored to recognize you and everyone give

09:07:28 you this commendation on behalf of the Tampa City Council.

09:07:31 >> Thank you so much.

09:07:32 >>FRANK REDDICK: My pleasure.

09:07:33 You may say a word.

09:07:35 And then all of you ladies.

09:07:40 >> Good morning.

09:07:43 To councilman Frank Reddick and other distinguished

09:07:49 Councilmembers, and staff, I am Sammecia Bagley, president

09:07:55 of the Tampa Metropolitan Alumnae Chapter of Delta Sigma

09:07:57 Theta Sorority Incorporated.

09:07:59 On behalf of our sisterhood, we bring you greetings,

09:08:04 heart-felt thank you and appreciation for keeping our social

09:08:07 action mission on your platform.

09:08:10 Delta Sigma Theta's first public act was its participation

09:08:13 in the woman's suffrage march in 1913, demonstrating our

09:08:19 commitment for social action.

09:08:20 In 1989, the National Social Action Commission instituted

09:08:26 Delta days in the nation's capital, an annual legislative




09:08:29 conference to increase members' involvement in the national

09:08:33 public policymaking process.

09:08:35 The annual conference includes legislative briefings, issue

09:08:38 forums and advocacy skills development.

09:08:42 Featured speakers include key policymakers, members of the

09:08:45 United States Congress, Congressional staff members, and

09:08:48 national issues experts.

09:08:50 In addition, the members also participate in the

09:08:53 Congressional Black Caucus Foundation town hall meetings and

09:08:57 conducts Delta Days at the state capitol, Delta Days at city

09:09:02 hall, which is what we're here to do today.

09:09:05 And Delta Days at the school board and we also have Delta

09:09:08 Days in Hillsborough County.

09:09:09 The mission of social action for Delta Sigma Theta Sorority

09:09:12 Incorporated is to promote leadership, advocacy and

09:09:16 empowerment to effect social change and public policy in our

09:09:20 communities by linking leaders and organizations through

09:09:23 education and communication to promote progressive public

09:09:28 policy that results in the improved well-being of

09:09:30 individuals and families, especially African-Americans.

09:09:33 We thank you again for having us here and we would like to

09:09:36 introduce our Florida chapter president.

09:09:44 >>> I am Dottie Boone.

09:09:48 >> Good morning.

09:09:49 Theresa Balliou.




09:09:52 >> Good morning.

09:09:53 Jacquelyn Coffey Leeks.

09:09:56 >> Good morning.

09:09:57 Fawn Boster, native of Tampa by way of Ybor City.

09:10:01 Cochair of the 44th regional conference that will convene in

09:10:06 June.

09:10:06 And we'll be bringing thousands of and millions of dollars

09:10:11 to this city.

09:10:12 >>CHARLIE MIRANDA: Thank you.

09:10:13 >> Good morning, Yashika Campbell.

09:10:18 >> Good morning, Vivian Kitchen.

09:10:23 >> Thank you again.

09:10:24 >>CHARLIE MIRANDA: Well, I just --

09:10:27 >> Good morning.

09:10:28 I'm Angela Vicars, a native also, Plant City, Florida.

09:10:33 >> Angela is also our chair and coordinator for Delta Days.

09:10:37 Thank you very much.

09:10:38 [ Applause ]

09:10:39 >>CHARLIE MIRANDA: Let me just say that I know Mr. Reddick

09:10:44 made reference to a hundred years.

09:10:45 He was talking about the sorority.

09:10:47 [ Laughter ]

09:10:50 >>CHARLIE MIRANDA: You don't equal a hundred years.

09:10:51 Miss Mulhern?

09:10:53 >>MARY MULHERN: I just wanted to say, I knew, I was thinking




09:10:56 about wearing my red suit this morning.

09:10:58 And I didn't.

09:10:58 I wish I had.

09:11:03 >>CHARLIE MIRANDA: Okay.

09:11:03 Thank you all very much.

09:11:05 We really appreciate it.

09:11:07 Okay.

09:11:09 We go now to approval of the agenda and the addendum.

09:11:16 Any items you want pulled?

09:11:17 Or anything of that nature?

09:11:19 >> Move to approve.

09:11:20 >>I have a motion to approve by Mr. Cohen, seconded by

09:11:24 Mr. Suarez.

09:11:25 All in favor of the motion, please indicate by saying aye.

09:11:27 Opposed nay.

09:11:29 The ayes have it unanimously.

09:11:29 We go to the public comments for 30 minutes on items that

09:11:33 are on the agenda first.

09:11:35 And then items off the agenda and then any item that's for

09:11:40 public, that's set for hearing, public hearing, you have to

09:11:44 wait till that item comes up if it's set for a public

09:11:47 hearing.

09:11:48 Who's first?

09:11:56 >> Good morning, members of Tampa city council.

09:12:00 My name is Linda Saul-Sena.




09:12:01 I live at 157 Biscayne.

09:12:03 I'm here this morning before you with a very easy request.

09:12:06 This evening at 6:30 at the Spring Hill rec center in

09:12:12 Sulphur Springs, there's a public meeting to discuss the

09:12:14 future of Mann-Wagnon Park.

09:12:18 Many of you have been out there to see the program I'm

09:12:20 involved with called community stepping stones.

09:12:23 It's an afterschool arts infused program for middle and high

09:12:27 school kids that really, we use art as a carrot in the

09:12:32 vehicle but we teach life skills and job readiness and have

09:12:36 had wonderful success.

09:12:39 Has taught over 800 students because we also do programs for

09:12:43 younger children in the housing projects and in the boys and

09:12:46 first clubs.

09:12:47 But on this campus, we teach teenagers.

09:12:50 And it's been life changing for them.

09:12:52 The reason I'm here today is that at tonight's meeting, the

09:12:55 county, the land, Mann-Wagnon park is jointly owned by the

09:12:59 city and county.

09:13:01 County is going to discuss a new building they're building

09:13:04 to which we say great.

09:13:05 This building will house three different organizations that

09:13:07 are the currently on the site.

09:13:09 Potentially.

09:13:10 But the reason I'm here is to ask you to work with the




09:13:14 county in not demolishing our existing art studios.

09:13:17 The new building that's being created is new.

09:13:19 And it's going to be used jointly for a variety of things

09:13:22 from meetings to wedding receptions.

09:13:25 Our children use paint and clay.

09:13:27 These are messy.

09:13:29 Our older buildings are not glamorous, but honestly what you

09:13:32 need for making art is a place where you feel comfortable to

09:13:35 be creative and you're not worried about getting something

09:13:37 on the floor.

09:13:38 The county staff said oh, the buildings on the campus, some

09:13:43 of which are in dreadful condition can't stay.

09:13:46 But ours are not in dreadful condition.

09:13:49 They need a little tweaking, but nothing structural.

09:13:52 Things like really small cosmetic things that we will take

09:13:55 on fixing up ourself.

09:13:57 We're just here today to, I have a brochure for each of you,

09:14:02 to ask you as City Council, to ask the Mayor andton county

09:14:06 to not tear down our arts studios.

09:14:08 So, I thank you and if you have any questions, I'm here.

09:14:11 >>CHARLIE MIRANDA: Thank you very much.

09:14:12 Next please?

09:14:15 I'm sorry.

09:14:16 >>HARRY COHEN: Might just make a comment.

09:14:18 The Hyde Park arts studio, which is located on Swann avenue




09:14:22 is in a city-owned building that is in pretty, pretty bad

09:14:28 condition.

09:14:28 And there's a waiting list out the door to get into the

09:14:32 program.

09:14:33 Because people enjoy so much the therapeutic value of

09:14:40 working with clay and paint.

09:14:41 So these are wonderful programs.

09:14:44 They bring a lot of joy to peoples' lives.

09:14:48 >>CHARLIE MIRANDA: Mr. Reddick?

09:14:50 >>FRANK REDDICK: Ms. Saul-Sena?

09:14:51 I understand that the county had made a recommendation about

09:15:01 putting up a new building.

09:15:05 Have you spoken with anyone within the city to find out what

09:15:08 the city's position?

09:15:09 >> Years ago, I asked -- the county staff for parks and rec

09:15:13 used to use these buildings.

09:15:15 And when they moved out, I asked the city if the, if

09:15:20 community stepping stones could use this facility and at

09:15:22 that time, the city's position was, we really don't want to

09:15:27 have to maintain anything, so why don't we just tear it all

09:15:30 down and make it a passive park?

09:15:32 And I talked to commissioner, I mean, police chief Jane

09:15:37 Castor and she said Sulphur Springs is an area where we need

09:15:40 positive afterschool activities for young people.

09:15:43 We don't need a passive park as a potential breeding ground




09:15:46 of crime.

09:15:47 But the city's attitude has been we can't, we and parks are

09:15:51 so busy we can't take on anything.

09:15:53 But I'm not asking the city to take it on.

09:15:55 I'm just saying don't tear it down.

09:15:57 Currently, the city is taking no responsibility for this

09:16:01 area.

09:16:01 The county is maintaining the grounds and community stepping

09:16:05 stones are main teenage our own structures.

09:16:07 So I don't know, Greg Bayor said basically I don't have an

09:16:13 opinion.

09:16:13 It's kind of up to the county because they have taken the

09:16:16 financial responsibility of keeping the grass mowed.

09:16:19 >>CHARLIE MIRANDA: Anyone else?

09:16:20 Thank you very much.

09:16:20 Next please?

09:16:32 >> Pete Johnson, 510 Harrison street.

09:16:35 Two things I'm going to do today.

09:16:39 One is talk to you all.

09:16:40 The second is, break down and buy a pair of bifocals glasses

09:16:49 so I can look at you and read at the same time.

09:16:52 >>CHARLIE MIRANDA: So you can only do one thing at a time?

09:16:55 >> These are some issues that I've brought up to legal about

09:16:58 code enforcement.

09:16:59 And I cannot seem to get a reply out of legal.




09:17:03 This has started since Monday.

09:17:07 They have totally been too busy to communicate.

09:17:10 And I can understand how busy they are.

09:17:14 But sometimes you just got to pick up the phone and answer

09:17:18 questions.

09:17:18 Everything from the procedures that the Code Enforcement

09:17:24 Board are not complied with.

09:17:28 This, even with attorneys in the room.

09:17:32 Even after I bring up a point of order.

09:17:36 The policies are not enforced, or even followed.

09:17:41 Repeat violations.

09:17:45 Why do we have a policy to send repeat violations through

09:17:50 legal?

09:17:50 I mean, we have got supervisors, we have got administrators.

09:17:56 We have got all these people with all these years of

09:18:00 experience and they can't tell a repeat violation without

09:18:03 getting approval by legal?

09:18:05 Why don't we just take legal and put them over in charge of

09:18:09 code enforcement?

09:18:10 I mean, it's getting ridiculous.

09:18:12 Talking about legal.

09:18:17 Improper decisions made at a code hearing in favor of an

09:18:22 attorney.

09:18:22 This is ridiculous.

09:18:25 There is no rules and regulations.




09:18:27 There is no standards in the entire process.

09:18:29 Previously found cases that are guilty are not being brought

09:18:39 into record as required by law.

09:18:43 Both civil citations that haven't worked, aren't brought in

09:18:47 to consider a fine on the property.

09:18:50 And previous violations are not being considered to the

09:18:56 hearing.

09:18:56 That is a requirement of law.

09:18:58 The biggest thing is the lack of people that are given the

09:19:07 responsibility of making decisions.

09:19:10 I've been waiting for six months to get traffic to determine

09:19:16 whether or not a right-of-way violation is a violation or

09:19:21 not.

09:19:21 It's obviously it's a violation.

09:19:25 But they will not enforce it.

09:19:27 They will not tell code yes, we have a violation.

09:19:30 Where's the laws of our city?

09:19:35 Thank you.

09:19:36 >>CHARLIE MIRANDA: Thank you very much.

09:19:37 Next please?

09:19:38 >> Good morning, members of Council.

09:19:51 Rick Pfeiffer, 1408 east tana.

09:19:54 A few weeks ago I and dozens of neighbors were here

09:19:57 regarding the issue with the Walmart on East Hillsborough

09:20:00 Avenue.




09:20:02 Both from East Tampa and from Seminole Heights.

09:20:04 And since then, I've been asked by the neighborhood

09:20:07 association to chair the neighborhood land use committee and

09:20:10 after we were here, we also got the transportation study

09:20:14 that Walmart is using.

09:20:16 And that is actually what prompted the committee to ask that

09:20:21 I come down here, at least during public comments, and bring

09:20:24 this to your attention to some degree.

09:20:28 Now that we have this study, 15th street, which is a narrow

09:20:34 two-lane road, there is no turn hour there.

09:20:39 It is a bus route.

09:20:41 Wall.

09:20:42 Is expecting, based upon their peak traffic, 50% of the

09:20:45 traffic to be exiting there.

09:20:47 There is two lanes in a turn lane there.

09:20:50 Now, I understand the project was basically approved using

09:20:54 the DOT study or whatever and looking at Hillsborough

09:20:58 Avenue.

09:20:58 But I think the city needs to do some due diligence and do

09:21:02 their own study an how it's going to impact the residential

09:21:05 streets in the neighborhood.

09:21:06 Because face it, it's much easier to fix a problem before

09:21:10 it's created than try to fix it afterwards.

09:21:14 With the Walmart here, they're looking at putting a light

09:21:17 here.




09:21:17 The amount of traffic that they're generating during the

09:21:20 peak time entering and exiting is between 285 and -- between

09:21:25 275 and 285 vehicles.

09:21:27 Rather than having a light down here and the congestion that

09:21:30 we see, because I live there, maybe having them do a light

09:21:35 in the middle and changing the configuration for the parking

09:21:38 lot so that they are not having to use Mohawk.

09:21:41 And maybe keep Mohawk as a pedestrian entrance and a bicycle

09:21:45 entrance into there.

09:21:46 But there's no way that 15th street and the Hartland buses

09:21:50 and traffic already on that street can handle it.

09:21:52 So I'm basically asking if you all can ask the city

09:21:56 transportation folks to do a study and look into that.

09:22:01 And the other question that I was asked is when we were here

09:22:04 about the Walmart, there was some discussion that city legal

09:22:07 was going to prepare something regarding design elements or

09:22:12 something that Mr. Miranda was going to sign and we wonder

09:22:17 about the status on that.

09:22:18 >>CHARLIE MIRANDA: That has been done.

09:22:19 >> Thank you, sir.

09:22:20 >>CHARLIE MIRANDA: Mr. Reddick?

09:22:22 >>FRANK REDDICK: Sir, is it possible I can get a copy of

09:22:24 that from you?

09:22:26 >> Yes.

09:22:27 I can get another one.




09:22:30 >>HARRY COHEN: I'll make copies.

09:22:36 >>FRANK REDDICK: Under new business, Mr. Chair, I'm going to

09:22:38 ask that transportation come before us to explain this and

09:22:43 see what we got.

09:22:45 >>CHARLIE MIRANDA: Okay.

09:22:46 Thank you very much.

09:22:46 Next?

09:22:46 >> Okay, I'm Ed Tillou from Sulphur Spring where there's

09:22:51 that meeting tonight.

09:22:52 Okay.

09:22:52 This is I guess going to be mostly a meeting about

09:22:56 transportation, but I had a few other things prepared.

09:22:59 But as I came in, they were talking about the red light

09:23:04 cameras.

09:23:05 Make no mistake, those red light cameras have worked.

09:23:08 They have made life much, much safer for pedestrians.

09:23:12 Whether they would've saved Admiral Collins, I'm not sure.

09:23:16 I don't think so, but still, the thing is but it comes back

09:23:20 to the same old thing.

09:23:21 I talked with the news crew that was filming the

09:23:25 intersection.

09:23:25 And I talked with the news crew.

09:23:27 He got dinked $160 is too much.

09:23:30 They need to be about 90 or a hundred.

09:23:33 And the thing is that if the company doesn't agree, buy them




09:23:37 out.

09:23:37 Buy the cameras.

09:23:39 Implement it as a hundred percent by the city.

09:23:42 Okay.

09:23:43 Here is -- I make up these things for you and this is with

09:23:51 respect to a friend of mine, she was an acquaintance.

09:23:55 She died of lung cancer.

09:23:57 And she was a really good person.

09:23:59 It was a bad thing to have happened to her because lung

09:24:02 cancer, you essentially drown in your own blood.

09:24:05 It's a very horrible way to go.

09:24:08 And that's one of the reasons I've called attention to the

09:24:10 process to me causing colorectal cancer because of the

09:24:17 morbidity.

09:24:18 I pass that along to you because that bears on something

09:24:21 that's going to come here about the e-cigarettes.

09:24:24 Now, with respect to the e-cigarettes, question is, this is

09:24:29 going to be up in the air about pot.

09:24:31 And this is the governor of California.

09:24:34 Now, when I was in California I was around a lot of people

09:24:36 who were into pot.

09:24:37 And the thing is, I noticed changes in them.

09:24:40 There were changes and the study that said it reduces IQ, I

09:24:46 think hits it on the nail on the head because these people

09:24:51 were losing something.




09:24:52 These pot heads.

09:24:54 And the thing is, my ex-girlfriend, she was a librarian and

09:24:58 she was complaining about her mechanic smoking pot.

09:25:01 And I said well, what's the mat were the mechanic smoking

09:25:05 pot?

09:25:05 You smoke it.

09:25:06 She said well, I'm only a librarian, but a mechanic is

09:25:10 tinkering with my brakes.

09:25:11 So anyway.

09:25:12 But anyway, to get on that.

09:25:15 Now, here's another public health thing.

09:25:17 The theme I often address, which is food.

09:25:24 And this was a funny little article I share.

09:25:28 Himalayan bath salts will not save your life.

09:25:33 This is the problem with politicization of public health.

09:25:36 But sangria might do that because red wine is, has been

09:25:43 shown to be good for peoples heart.

09:25:45 I don't like pinot noir.

09:25:47 But it makes a fantastic sangria.

09:25:51 So there should be a sangria festival.

09:25:54 >>CHARLIE MIRANDA: Well, you heard it first.

09:25:57 [ Laughter ]

09:26:00 >>CHARLIE MIRANDA: And both of my colleagues on either side

09:26:04 are telling me, you know what Charlie, the Volt, you can

09:26:07 still buy it for $18,000.




09:26:10 >> The volt?

09:26:11 >>CHARLIE MIRANDA: Whoa, time out.

09:26:15 >> People miss their chance.

09:26:17 >>CHARLIE MIRANDA: But anyway, nobody smokes it.

09:26:19 They just smell it.

09:26:20 All right.

09:26:21 Thank you very much.

09:26:22 Anyone else care to speak to this Council this morning?

09:26:24 About any subject matter?

09:26:27 All right.

09:26:29 I see no one.

09:26:30 We go to item number 2.

09:26:32 There's a request I believe by Mr. Mike Merrill to change

09:26:37 this to March 20th.

09:26:39 And that was part of the addendum.

09:26:41 So, I'm going to need a motion from Council to, if possible

09:26:46 on the calendar, to put this for the March 20th.

09:26:50 Ms. Montelione?

09:26:51 >>LISA MONTELIONE: I'll move that he be, Mr. Merrill be

09:26:54 rescheduled.

09:26:55 The clerk's office has already reached tout Mr. Merrill and

09:26:59 made sure that he'd be ready for the 20th and checked our

09:27:02 calendar and it seems we have a little bit of time that day.

09:27:05 >>CHARLIE MIRANDA: Good.

09:27:05 I have a motion by Ms. Montelione, seconded by Ms. Mulhern.




09:27:10 All in favor of the motion, please indicate by saying aye.

09:27:12 Opposed nay.

09:27:13 The ayes have it unanimously.

09:27:14 Okay, we go to item number three, for Dr. Emmanuel Jeremiah

09:27:21 Kerr.

09:27:21 >>LISA MONTELIONE: Mr. Chair, Jeremiah is here.

09:27:24 Dr. Emmanuel could not make it this morning.

09:27:27 She had some last minute coverage issues at the hospital.

09:27:30 So Jeremiah will be giving a presentation this morning on

09:27:33 the Ybor youth clinic.

09:27:35 I'm an advisory board member of the Ybor youth clinic and it

09:27:39 is a treasure I think to the entire community, not just

09:27:46 those who live or reside, do business around the Ybor

09:27:51 community.

09:27:52 So I want to make everybody know that although it's the Ybor

09:27:55 youth clinic, it is available to all.

09:27:58 >>CHARLIE MIRANDA: Thank you very much.

09:27:59 >> Thank you, Ms. Montelione and other distinguished members

09:28:03 of the Tampa City Council.

09:28:04 I'd also like to start by inviting you not tonight, but this

09:28:08 weekend, we are having our first annual fundraiser for the

09:28:12 Ybor youth clinic.

09:28:13 It's a scavenger hunt in and around Ybor City.

09:28:16 It's interactive basketball teams, will be a lot of fun to.

09:28:19 Tell you a little bit about the Ybor youth clinic,




09:28:24 pediatrics and infections disease at USF health.

09:28:27 The first and only clinic in the southeastern United States

09:28:30 providing free services to homeless, HIV infected, and other

09:28:34 disenfranchised unit much and do see ourselves as quite the

09:28:38 asset to the community.

09:28:39 We currently offer all services for free through multiple

09:28:42 grants that we get from various sources.

09:28:46 And all of our providers currently are volunteers, given

09:28:49 their times freely always they're able.

09:28:51 In addition to this, we are a hundred percent donor based,

09:28:56 meaning this is something the community themselves have

09:28:58 extend up to support because they see a need.

09:29:00 And beyond inviting you this go ahead with, I would

09:29:03 encourage you to please continue looking out for the work

09:29:05 we're doing, find other ways to support us and if you're

09:29:08 able, get engaged as much as possible.

09:29:10 And if you have any questions, I'm certainly available.

09:29:13 >>CHARLIE MIRANDA: Any questions for this fine young man?

09:29:17 Jeremiah Kerr.

09:29:18 >>LISA MONTELIONE: I'd just like to ask him to give us the

09:29:20 location of the clinic, when you're open and who the

09:29:23 services, or the age group that the services are available

09:29:26 to.

09:29:27 >> Thank you.

09:29:29 We're located on 7th avenue, 1315 7th avenue, suite 104.




09:29:36 Of course we found over the years it's difficult to get

09:29:39 youth to go to you, so we decided to meet them where they

09:29:41 are.

09:29:42 I think everyone here is aware that youth are certainly

09:29:45 where our in Ybor City, and currently we're serving ages 13

09:29:49 to 24.

09:29:51 Again, all our services are free, including treatment for

09:29:54 any illnesses they might have no thank you very much.

09:29:57 We really appreciate that type of service.

09:29:59 And that's for anyone, 133 you said?

09:30:08 Thank you for being in Ybor.

09:30:09 Appreciate it very much.

09:30:10 Okay.

09:30:11 Requests for reconsideration of any legislative matters that

09:30:16 this body might have passed the last meeting that you would

09:30:19 care to have reconsidered?

09:30:21 I see no one.

09:30:22 Okay.

09:30:23 Staff reports, we go to staff reports item four and five.

09:30:32 Yes, sir?

09:30:35 >> Dave Vaughn, contract administration.

09:30:37 I'm here also with Greg Spearman and Russell Hawford,

09:30:41 director of purchasing and director of TNI.

09:30:46 Follow-up to our report back in November relative to the ERP

09:30:49 process as well as our review and approval of bids and




09:30:54 recommendations for award.

09:30:56 The ERP process is ongoing and Russell certainly can speak

09:31:01 to any specific steps and where we are in the process.

09:31:05 And important clarification relative to this topic though is

09:31:10 to understand that the ERP process as it relates to

09:31:15 procurement is focused upon providing enhanced vendor access

09:31:19 to the city.

09:31:20 It's in that direction as opposed to creating a magic button

09:31:25 for us that will perform vendor review and approvability for

09:31:31 award.

09:31:31 We're still going to have to do that process.

09:31:33 And so, in that regard, we're going to continue to do the

09:31:37 things that we're doing now.

09:31:39 That is, with the bids require an affidavit that you're not

09:31:42 in arrears.

09:31:43 Provide us the binding and insurance, if you haven't done

09:31:47 work with us before, before we award, we have a sit-down

09:31:51 eyeball to eyeball.

09:31:52 We get references, we review experience.

09:31:54 Whether you've done work with us before or not, we look at,

09:31:59 this is an extreme example.

09:32:01 If I get a sidewalk contractor who is the low bidder on

09:32:04 building a parking garage, we're going to have to talk about

09:32:06 that.

09:32:07 And we have had situations where folks frankly have realized




09:32:11 that they aren't qualified to do the work and have withdrawn

09:32:15 their bids whether than get in situation where they get in

09:32:19 trouble.

09:32:19 This was a result of our reviewing the bids that we receive.

09:32:22 We'll continue as we have done for the last, I believe it's

09:32:25 a year now, to positively review the bids we receive with

09:32:29 the databases for folks who have liens that are filed as

09:32:33 well as whether they're in arrears for business tax to us.

09:32:38 And we, both purchasing and contracting admin have been

09:32:43 doing that.

09:32:44 For every bid.

09:32:46 The good news is that we have been doing that and it hasn't

09:32:49 turned up.

09:32:50 We do not have folks who are in arrears in those areas

09:32:54 providing bids to us.

09:32:56 So I hope that's a little clearer.

09:32:58 I'll take any responsibility for making you think that the

09:33:02 system may do things that it's not designed to do.

09:33:05 And I'm able to answer your questions.

09:33:08 >>CHARLIE MIRANDA: Any questions by Councilmembers?

09:33:09 I have a comment.

09:33:11 What happened to your face?

09:33:12 [ Laughter ]

09:33:13 >> First of the year, I had to go to the polar vortex.

09:33:17 So I needed all the insulation I could get.




09:33:20 >>CHARLIE MIRANDA: I see changes and just bring it up.

09:33:22 >> Charlie, I'm thinking about shaving my head so I can look

09:33:25 more like you.

09:33:26 [ Laughter ]

09:33:27 >>CHARLIE MIRANDA: Don't worry, you keep coming here, we'll

09:33:30 pluck one hair at a time.

09:33:31 When you go to jokes, you're going to finish second here.

09:33:34 [ Laughter ]

09:33:35 >>CHARLIE MIRANDA: All right.

09:33:36 We go to item number five.

09:33:37 Thank you very much.

09:33:42 >> Good morning, Council.

09:33:45 Dennis Rogero, Mayor's chief of staff.

09:33:49 Thanks for having he mere today on item number five.

09:33:53 I'll say a few things of course and welcome any questions

09:33:55 you.

09:33:57 I think everybody has received the response that I've sent

09:34:00 out.

09:34:01 We have had 44 issues of concern from various parents.

09:34:06 You've gotten copied, I don't know if you've gotten copied

09:34:10 on all of them, but you've gotten copied on some of them.

09:34:13 We have responded personally to each one.

09:34:15 Received some feedback from some of them.

09:34:17 I don't know if anybody has heard from Ms. Painter since she

09:34:21 came here and spoke before Council.




09:34:24 Hello, ma'am.

09:34:25 I won't speak for her.

09:34:27 But I believe we have further allayed some of her concerns.

09:34:30 And you can agree or disagree with me on that, ma'am.

09:34:35 And I'm happy to answer any questions.

09:34:37 We can get into as much detail as you'd like.

09:34:40 >>CHARLIE MIRANDA: Ms. Mulhern?

09:34:41 >>MARY MULHERN: I just wanted to say before we get into the

09:34:44 details, that hopefully we'll flag the scheduling for next

09:34:49 year for both of these so that they're not conflicting.

09:34:54 >> We will attempt that.

09:34:57 >>MARY MULHERN: We'll get a commitment from staff to make

09:34:59 sure that we schedule those on different.

09:35:04 >> I'm not sure I can make the commitment standing here but

09:35:07 we'll make the commitment to look at it.

09:35:10 >>MARY MULHERN: Thanks.

09:35:12 >>CHARLIE MIRANDA: Ms. Capin?

09:35:14 >>YVONNE CAPIN: Thank you for being here.

09:35:15 And all of the staff that came down.

09:35:18 That was exactly my intention when I made it, that how good

09:35:24 we make everyone feel more comfortable with the results that

09:35:29 are coming forth.

09:35:31 And I just wanted to ask, when was the first year of the

09:35:34 Criterium bike race?

09:35:37 >> If I'm not miss tankers three years ago?




09:35:42 I'm sorry.

09:35:43 Four or five years ago.

09:35:44 We can get you the exact.

09:35:46 >>YVONNE CAPIN: Yeah.

09:35:47 Because in 2012, I was part of a program, focus on female,

09:35:52 at the convention center.

09:35:54 And really, had I not been part of the program, I would've

09:35:59 turned around and left.

09:36:00 Because of all the streets that were closed and how I had to

09:36:05 keep moving east and keep moving east and then if you're not

09:36:09 familiar with downtown, to make your way back to the

09:36:12 convention center and there were no signs.

09:36:14 And that program who had been, I don't know how many years

09:36:18 it had taken place at the convention center, is no longer

09:36:21 there.

09:36:21 So, that was in 2012.

09:36:24 So, it's more than just -- it's people finding their way

09:36:29 through downtown when all these streets are closed.

09:36:32 And the direction.

09:36:34 I also had a little, a concern for the Tampa Theatre, which

09:36:40 I serve on the board, because it's pretty much a loss

09:36:46 revenue for them that day.

09:36:47 We own that theater.

09:36:49 So, we need to consider all of that when we're looking --

09:36:54 it's not just the conflict.




09:36:56 It's how do we make sure that something that we are

09:37:00 supporting, something that we own can function on the same

09:37:05 day, so that was part of what, what we were looking for.

09:37:11 I'm glad to hear that some of the concerns have been

09:37:16 alleviated and that the parents feel comfortable.

09:37:19 This has been, the Florida state thespian festival has been

09:37:24 taking place in Tampa for 20 years.

09:37:26 And that has to have some kind of weight.

09:37:28 >> Absolutely.

09:37:29 >>YVONNE CAPIN: They all have weight.

09:37:31 Also, the bark -- I sit on the advisory board of the humane

09:37:36 society, same day as bark in the park.

09:37:39 And that's also on the same day.

09:37:43 And they're concerned because my legislative aide is on the

09:37:50 board, knew what I had gone through in order to get to focus

09:37:54 on female on 2012, and when I came back and told her had I

09:37:58 not been part of the program, I would've turned around, and

09:38:00 it showed.

09:38:01 It was very few attendance there.

09:38:05 So, they're concerned about how people are going to get to

09:38:08 bark in the park, which is going to be at Cotanchobee park.

09:38:16 So, yes, we want to be a city of a lot of events.

09:38:20 But we also want them all to be successful as much as

09:38:23 possible, as we can do.

09:38:25 So, for that, I appreciate you being here.




09:38:28 But those were the concerns that I thought were brought to

09:38:32 my attention and that's why I asked for this staff report.

09:38:36 And I'm glad that you jumped ahead of the staff report and

09:38:41 got to them and talked to them.

09:38:43 Anyway, thank you.

09:38:44 I'd like to hear from the rest.

09:38:46 Thank you.

09:38:47 >>CHARLIE MIRANDA: Any other Councilmembers?

09:38:48 Anyone else like to speak?

09:38:49 Thank you very much.

09:38:53 We really appreciate it very much.

09:38:55 >> Thank you, Council.

09:38:56 >>CHARLIE MIRANDA: We go to -- I asked if anyone.

09:39:02 Okay, we need to go to committee reports.

09:39:10 Public safety committee, chair Mr. Frank Reddick.

09:39:13 >>FRANK REDDICK: Thank you Mr. Chair.

09:39:14 Move items six through ten.

09:39:16 >>CHARLIE MIRANDA: Motion by Mr. Reddick, second by

09:39:18 Mr. Cohen.

09:39:18 Further discussion by Councilmembers?

09:39:19 All in favor of the motion, please indicate by saying aye.

09:39:21 Opposed nay.

09:39:22 The ayes have it unanimously.

09:39:22 Parks, recreation, culture committee chair, Ms. Mary

09:39:28 Mulhern.




09:39:32 >>LISA MONTELIONE: Before Miss Mulhern moves the items,

09:39:34 there is one item that there is a company that my domestic

09:39:42 partner's, I think is the right term, company does business

09:39:46 with and I just wanted to ask Mr. Shelby, that would be item

09:39:51 number 15, sir.

09:39:53 >>MARTIN SHELBY: With regard to item number 15, Councilwoman

09:39:56 Montelione, does the specific contract, does that affect the

09:40:03 special private gain or loss, financial benefit or detriment

09:40:07 of either you or a business associate or a relative?

09:40:10 >>LISA MONTELIONE: No, we do not work on that.

09:40:12 >>MARTIN SHELBY: In that case, it's my opinion then, that

09:40:13 under Florida statutes you're required to vote.

09:40:23 >>MARY MULHERN: I move items 11 through 18.

09:40:25 >>CHARLIE MIRANDA: Motion by Ms. Mulhern, second by

09:40:27 Mr. Cohen.

09:40:27 Further discussion on those items?

09:40:29 All in favor of the motion, please indicate by saying aye.

09:40:31 Opposed nay.

09:40:32 The ayes have it unanimously.

09:40:33 Public works committee chair, Mr. Mike Suarez.

09:40:35 >>MIKE SUAREZ: Thank you, chair.

09:40:36 I move items 19 through 24.

09:40:39 >>CHARLIE MIRANDA: Motion by Mr. Suarez, I have a second by

09:40:41 Mr. Reddick.

09:40:42 Further discussion by Councilmembers?




09:40:43 All in favor of the motion, please indicate by saying aye.

09:40:44 Opposed nay.

09:40:46 The ayes have it unanimously.

09:40:46 Finance committee chair, Mr. Harry Cohen.

09:40:51 >>HARRY COHEN: I move items 25 and 26.

09:40:53 >>CHARLIE MIRANDA: Motion by Mr. Cohen, second by

09:40:55 Miss Mulhern.

09:40:57 All in favor of the motion, please indicate by saying aye.

09:40:59 The ayes have it unanimously.

09:41:00 Building, zoning and preservation committee, Ms. Montelione.

09:41:07 >>LISA MONTELIONE: I would also like to point out on item

09:41:10 number 28, I'm going to move all the items for approval, but

09:41:13 item 28, I wanted to specifically call out because this will

09:41:21 require for the use the church is going to use SU-II

09:41:28 application through planning and zoning division.

09:41:31 That will come before Council.

09:41:32 I spoke with Mr. Thom Snelling about that to make sure the

09:41:34 church knows that that is an additional process and Miss

09:41:38 Amon is going to reach out to them to make sure they are

09:41:42 clear on that.

09:41:42 So with that statement, I'll move items 27 through 36.

09:41:46 >>CHARLIE MIRANDA: Motion by Ms. Montelione, I have a second

09:41:47 by Mr. Cohen, further discussion by Councilmembers?

09:41:49 All in favor of the motion, please indicate by saying aye.

09:41:51 Opposed nay.




09:41:52 The ayes have it unanimously.

09:41:53 Transportation committee chair, Ms. Yvonne Yolie Capin.

09:41:58 >>YVONNE CAPIN: Thank you Mr. Chair.

09:41:59 Before I move this, I'd like to point out item 40 and it's,

09:42:04 first amendment to agreement between the bicycle hop LLC

09:42:14 doing business as Tampa Bay bike share.

09:42:16 The reason for this very good reason is because bike share

09:42:20 program by bicycle hop, it's a product upgrades to both to

09:42:25 the bicycles, they're electronic components and bicycle

09:42:28 kiosk.

09:42:29 So, I just want to shout out to them for making it better.

09:42:35 Mr. Chairman, I move items 37 through 42.

09:42:39 >> Second.

09:42:40 >>CHARLIE MIRANDA: Motion by Mrs. Capin.

09:42:41 I have a second by Mr. Suarez in close vote with Mr. Cohen.

09:42:46 All in favor of the motion, please indicate by saying aye.

09:42:48 The ayes have it unanimously.

09:42:48 Items being set for hearing by Council, item number 43, I

09:42:54 need a motion for that resolution.

09:42:55 >> So moved.

09:42:57 >> Motion by Mrs. Mulhern, second by Mr. Cohen.

09:43:00 All in favor of the motion, please indicate by saying aye.

09:43:02 Opposed nay.

09:43:03 The ayes have it unanimously.

09:43:07 >>CHARLIE MIRANDA: These are public hearings.




09:43:08 Some are nonquasi-judicial.

09:43:11 Some are quasi-judicial.

09:43:13 Items 40, need a motion to open 44 through 54 and that would

09:43:20 be 44 and 45 are nonquasi-judicial.

09:43:24 46 through 54 are quasi-judicial.

09:43:27 So once I pass this motion, the Council pass this is motion,

09:43:30 we're swearing the individuals.

09:43:32 I need a motion -- I have a motion by Ms. Capin, I believe,

09:43:37 second by Mr. Cohen.

09:43:38 All in favor of the motion, please indicate by saying aye.

09:43:40 Opposed nay.

09:43:41 The ayes have it unanimously.

09:43:41 We're going to go in and items -- anyone who is going to

09:43:48 speak to this Council regarding items 46 through 54 must be

09:43:57 sworn in on this 9:30 hearing.

09:43:59 So any of you are going to speak, have any intentions of

09:44:03 speaking, please rise and be sworn in.

09:44:05 Anyone on 44 through 54.

09:44:14 [Oath administered by Clerk]

09:44:14 >>CHARLIE MIRANDA: Okay, we go to items 44 and 45.

09:44:25 Those two are open.

09:44:27 These are our public hearings set today for 9:30.

09:44:31 These are nonquasi-judicial.

09:44:33 So, we'll go to item 44.

09:44:36 Mr. Suarez, would you kindly take item 44, please?




09:44:43 >>MIKE SUAREZ: Thank you, sir.

09:44:44 I present an ordinance for second reading and adoption, an

09:44:49 ordinance of the City of Tampa, Florida amending I City of

09:44:51 Tampa code of organizations, chapter 15, park being,

09:44:54 amending section 15-42, related to parking within designated

09:44:58 spaces, amend being section 15-82 and 15-121 relating to

09:45:05 actuating a parking meter, repealing all ordinances or parts

09:45:12 of ordinances in conflict therewith, providing for

09:45:15 severability, providing an effective date.

09:45:16 >>CHARLIE MIRANDA: Motion by Mr. Suarez -- anyone in the

09:45:19 public care to speak on item 44?

09:45:21 All right.

09:45:22 Before we close the hearing, I want to ask that all

09:45:25 documents on items 44 through 54, any items received today

09:45:30 or any time prior to this meeting be received and filed by

09:45:33 this Council before I take the motion by Mr. Suarez.

09:45:36 Needs a motion to that effect.

09:45:38 Motion by Ms. Mulhern, second by Mr. Reddick.

09:45:41 All in favor of the motion, please indicate by saying aye.

09:45:42 Opposed nay.

09:45:43 The ayes have it unanimously.

09:45:43 44, Mr. Suarez made a motion, read it for second reading.

09:45:47 Do I have a second?

09:45:51 >>HARRY COHEN: Second.

09:45:52 >>CHARLIE MIRANDA: Anyone from the public care to speak?




09:45:53 Roll call vote.

09:45:54 Vote and record.

09:46:00 >>THE CLERK: Mr. Chair, motion to carry.

09:46:13 The second reading will be --

09:46:16 >>CHARLIE MIRANDA: No, this is the second reading.

09:46:18 That's all right.

09:46:20 I made 200 mistakes last week.

09:46:23 All right.

09:46:24 We go to item no 45.

09:46:27 Any one in the audience care to speak on item 45?

09:46:34 >> Move to close.

09:46:35 >>CHARLIE MIRANDA: Motion to close.

09:46:36 All in favor of the motion to close, please indicate by

09:46:37 saying aye.

09:46:38 Opposed nay.

09:46:39 The ayes have it unanimously.

09:46:40 Motion by Ms. Montelione, second by Mr. Cohen.

09:46:42 Okay.

09:46:44 Ms. Capin, would you kindly take number 45, please?

09:46:47 >>YVONNE CAPIN: Thank you, Mr. Chair.

09:46:48 I will.

09:46:48 An ordinance of the City of Tampa, Florida, authorizing the

09:46:53 boundary amendment for the K-Bar ranch community development

09:46:56 district, providing for the amendment of the boundaries of

09:46:59 the district by removing parcels of land that will not be




09:47:03 served by the district and adding additional lands that will

09:47:05 be served by the district, which will result in a net gain

09:47:09 of 80.096 acres more or less for a total of 525.906 acres

09:47:19 comprising the district and situated entirely within the

09:47:22 boundaries of the City of Tampa, Hillsborough County,

09:47:25 Florida, said district being generally located north of

09:47:29 Cross Creek Boulevard, west of Morris bridge road and east

09:47:32 of Bruce B. Downs Boulevard and south of the Pasco

09:47:36 Hillsborough County line.

09:47:37 The amended boundary being more particularly described in

09:47:40 section 2 thereof, pursuant to chapter 190, Florida

09:47:45 statutes; providing for severability; providing an effective

09:47:49 date.

09:47:50 >>CHARLIE MIRANDA: I have a motion by Mrs. Capin, I have a

09:47:52 second by Mr. Suarez.

09:47:53 We have roll call vote.

09:47:55 Vote and record.

09:47:58 >>THE CLERK: Mr. Chair, motion passed unanimously.

09:48:08 >>CHARLIE MIRANDA: Thank you very much.

09:48:08 Okay.

09:48:09 We go to item 46.

09:48:11 On this one here, as did I in the first reading, I will

09:48:13 recuse myself for obvious reasons, family member of mine is

09:48:17 representing one of the sites.

09:48:20 >>HARRY COHEN: Mr. Chairman, for the record, you are filing




09:48:22 with the clerk form 8 B.

09:48:24 >>CHARLIE MIRANDA: Yes, I have.

09:48:26 >>HARRY COHEN: Thank you very much, Mr. Chair.

09:48:27 We're on item number 46, Ms. Moreda.

09:48:31 >> This is AB 2-14-02, the site plan has been certified and

09:48:37 turned into the city clerk's office.

09:48:40 >>HARRY COHEN: Thank you very much.

09:48:40 Okay, petitioner?

09:48:43 >> Good morning, Councilmembers.

09:48:48 My name is Victor Rudy DiMaio, my office, 4925

09:49:04 Independence Parkway, Suite 195.

09:49:06 Before I begin, I'd like to point of clarification.

09:49:09 Since we have had two full hearings on this issue now, and

09:49:14 we have had two unanimous votes to pass this on, what are

09:49:18 the parameters as far as presentation is concerned?

09:49:22 Because with all due respect, I've had two staff members

09:49:25 tell me that one set is a full hearing as it was the first

09:49:29 time.

09:49:30 Other people tell me --

09:49:32 >>HARRY COHEN: Let me clarify something.

09:49:33 Because the plan changed markedly between, what you refer to

09:49:37 as the first hearing and the first hearing, the second first

09:49:41 hearing was the only first hearing in this matter.

09:49:43 We went back to the beginning.

09:49:45 You're now on second reading.




09:49:47 >> Okay, so we have an opportunity to present our case, a

09:49:50 full case?

09:49:51 >>HARRY COHEN: Well...

09:49:54 Mr. Shelby?

09:49:57 >>MARTIN SHELBY: The rules provide that if the petitioner

09:49:59 wishes to present and use the full 15 minutes and the knife

09:50:02 minutes of rebuttal, petitioner may do so.

09:50:04 It's the petitioner's choice as to what kind of evidence the

09:50:07 second reading.

09:50:09 It is a full public hearing.

09:50:09 The evidence, the substantial competent evidence that

09:50:12 Council relies upon is cumulative.

09:50:14 So whatever Council wishes -- excuse me, whatever the

09:50:17 petitioner wishes to advise council of second reason, it may

09:50:21 do so.

09:50:22 The public will have also its opportunity to do so and you

09:50:25 will have the opportunity for rebuttal.

09:50:28 >>HARRY COHEN: That's correct.

09:50:29 There's still opportunity for rebuttal as in the first

09:50:32 hearing.

09:50:32 >> The point I want to make, since our opponent had a full

09:50:35 ten minutes on the first two hearings, even though still two

09:50:39 first hearings, I'd like to reserve the opportunity for us

09:50:41 to have rebuttal.

09:50:44 >>HARRY COHEN: Mr. DiMaio, the rules are 15 minutes,




09:50:46 followed by the public, followed by five minutes and it's

09:50:49 not -- it's not my role to tell you how to put on your case.

09:50:53 But we're not going to, we're not going to play around with

09:50:57 the time limits.

09:50:59 >> Okay.

09:51:00 All right.

09:51:00 That's fine.

09:51:01 I just wanted to get that clarified because I had differing

09:51:04 opinions on that.

09:51:05 Anyway, I want to quickly introduce the members of our

09:51:09 management team.

09:51:10 Scott Courtney.

09:51:12 Russ Bruno.

09:51:15 Michael Diogostin.

09:51:18 And Charlie is not here.

09:51:20 Between the four, we have about a hundred years of

09:51:23 management experience in the restaurant business.

09:51:25 I also want to introduce our attorney, legal advisor,

09:51:29 Mr. Miranda.

09:51:29 Stand up.

09:51:31 And our other person, Mike, I don't see him here.

09:51:37 Michael Hutchinson, he's our surveyor, mapper who put

09:51:41 everything together for us.

09:51:42 I want to go over a couple things that were not brought up

09:51:44 in the first hearing.




09:51:45 First couple of hearings I should say.

09:51:47 First of all, I want to just reiterate real quickly on the

09:51:53 type plan that we have here.

09:51:55 Things we're doing, we're going to be re-doing the sidewalks

09:51:59 in the front.

09:52:01 >>FRANK REDDICK: Mr. Chair?

09:52:03 >>HARRY COHEN: Mr. Reddick.

09:52:04 >>FRANK REDDICK: Let me interrupt for a second.

09:52:06 And I think, maybe get a legal opinion on this.

09:52:09 If he's going to bring up something that was not brought up

09:52:12 in the first reading, this changes the dynamic of this -- I

09:52:18 mean is he producing new evidence that he didn't present the

09:52:22 first reading?

09:52:23 Does this go back to first reading?

09:52:26 >>HARRY COHEN: Mr. Suarez wants to speak also.

09:52:28 Mr. Shelby?

09:52:33 >>MARTIN SHELBY: The way Council has drafted their code,

09:52:36 they provide for these type of hearings to have two full

09:52:41 public hearings.

09:52:41 And what happens is after passing the item at first reading,

09:52:47 it is moved to a second full public hearing and adoption.

09:52:50 If Council so chooses.

09:52:52 The rules still apply they don't normally have -- normally

09:52:59 what Council experiences is no need for additional evidence.

09:53:02 But that does not mean that they are precluded or cannot




09:53:05 take advantage of providing additional evidence, competent

09:53:09 substantial evidence that Council can rely upon in order to

09:53:12 make its decision.

09:53:13 At a second reading.

09:53:15 Likewise, those people in the public who didn't take

09:53:18 advantage of opportunity at the first public reading can

09:53:22 still come and provide additional evidence and so long as

09:53:25 it's competent and substantial, Council can base its

09:53:29 decision upon the evidence that it received at the second

09:53:33 reading.

09:53:33 Therefore, Council, if it cites to whatever evidence there

09:53:39 is that comes out the second reading that didn't come out

09:53:42 the first, there may in fact be a legal basis one way or the

09:53:46 other for Council to change their vote.

09:53:47 But absent any additional evidence, there really is none.

09:53:52 >> Mr. Suarez?

09:53:53 >>MIKE SUAREZ: I think there's con fusion on the part of the

09:53:55 applicant that the amount of time that you get for rebuttal

09:53:57 is the same no matter what the amount of time you take now.

09:54:01 So, you know, in usual circumstances in the past, people who

09:54:07 had unanimous first readings typically have a shorter second

09:54:11 presentation.

09:54:11 That's always been my experience.

09:54:15 >>HARRY COHEN: I think that was the theme that was being

09:54:18 expressed.




09:54:18 Mr. DiMaio?

09:54:20 >> And quite honestly, I would prefer a shorter hearing.

09:54:24 To save the Council's time and the public's time and so

09:54:27 forth.

09:54:28 However, this has been a little bit of a contentious

09:54:30 situation and our opponents have, you know, had opportunity

09:54:34 to speak for and against us.

09:54:36 But I just wanted to reiterate, I just want to review a

09:54:39 couple things.

09:54:40 And that is number one, we have, all the waivers were

09:54:43 discussed in, you know, before, that I presented have been

09:54:50 discussed and debated.

09:54:51 We have gone over that and those things have been approved

09:54:54 pretty much and reviewed by the Council.

09:54:56 So that's one point I want to make that's pretty important.

09:54:59 Seconds thing I want to bring up, kind of new, that I

09:55:02 discovered from the university, since they've chosen to, you

09:55:07 know, be a part of this hearing, is that there's a couple

09:55:10 things that they've done here that I think is quite

09:55:13 pertinent.

09:55:14 Number one here, is that -- I have copies of this for the

09:55:20 Council.

09:55:21 They have two lecture series, took place in the fall and

09:55:24 one's coming up here this month.

09:55:26 Both are open to the students an to the public.




09:55:29 And both on how to get into the alcoholic beverage bills.

09:55:32 One business.

09:55:35 One is a speaker who spoke last year on the barefoot wine

09:55:38 cofounder and how to get into the wine business.

09:55:42 The second one coming up here I believe March 12th, is Jeff

09:55:47 Stevenson is going to speak to the public at the Vaughn

09:55:51 center.

09:55:52 He founded vino pro, which is how to order alcoholic

09:55:55 beverages over the internet.

09:55:56 The other two things I find a bit hypocritical from the

09:56:02 university, having a, on February 21st, they had an event

09:56:06 here called cigars and mojitos.

09:56:08 And it's actually open to the public and taking place on

09:56:12 campus.

09:56:13 Last time I checked mojitos are made with rum, which is an

09:56:16 alcoholic beverage.

09:56:17 Says here, the invitation, you don't have to be a member of

09:56:20 the university to come.

09:56:21 Anybody from the public.

09:56:22 Can do.

09:56:24 Lastly and most importantly, since it was appointed out that

09:56:27 we had $30 all you can drink fundraiser during Gasparilla

09:56:32 for a women's charity event, which the lady has spoken here

09:56:35 twice, they're having, on the March 21st, they're having a

09:56:40 speak easy event, which ironically is the same $30 a person.




09:56:47 And says a full bar will be available until the tub runs

09:56:50 dry.

09:56:50 Now, I'm not sure exactly what that means.

09:56:53 But I just, I just find these events from the university to

09:56:57 be a bit hypocritical in their opposition to our petition.

09:57:02 I'm not going to go -- again, I'm going to review this very

09:57:07 quickly so everybody understands, we have reviewed all the

09:57:10 site plan.

09:57:10 We have met all the conditions that Gloria Moreda and I have

09:57:14 sat down and worked out to the satisfaction of the city.

09:57:17 All the parking has been accounted for.

09:57:19 The distance for the other establishment being across the

09:57:22 street, the Edison has been accounted for.

09:57:26 The residential place behind us, which is short 250 seat,

09:57:31 been accounted for, eight additional parking, that's on our

09:57:35 site plan.

09:57:35 We have agreed, with Yvonne Yolie Capin to, adhere to the

09:57:41 sound ordinance to cut off by 11:00.

09:57:44 At night.

09:57:45 Which was something that's on our site plan, which we agreed

09:57:48 to as well.

09:57:50 >>HARRY COHEN: Please don't refer to the individual

09:57:51 Councilmembers.

09:57:52 Refer to us as a group.

09:57:54 >> Agreed by the Council to do that as well.




09:57:57 So, anyway, I'm going to go ahead and give my time over to

09:58:02 Mike, if you'd like to say a couple words.

09:58:04 And we'll end our presentation.

09:58:06 Thanks.

09:58:07 >> Yes.

09:58:12 >>YVONNE CAPIN: The one question.

09:58:13 Ms. Moreda, is -- the hours are to code, correct?

09:58:19 >> Yes.

09:58:24 >>HARRY COHEN: I believe your question was for Ms. Moreda.

09:58:33 >> Yes.

09:58:36 >> The hours on the site plan --

09:58:38 >>YVONNE CAPIN: No.

09:58:39 No, we don't need hours on site plan.

09:58:41 They're to code.

09:58:42 >> The hours on the site plan are referenced, 7:00 a.m. to

09:58:45 3:00 a.m.

09:58:47 >>YVONNE CAPIN: No.

09:58:47 That's not -- that's not to code.

09:58:50 To code is code period.

09:58:52 7:00 a.m. to 3:00 a.m. and 11 to 3:00 a.m. on site plan are

09:59:02 not to code.

09:59:03 Code is code.

09:59:04 >> They are referencing the hours of operations on the site

09:59:07 plan.

09:59:08 >>YVONNE CAPIN: Okay.




09:59:09 They're referencing the hours of operation on the site plan.

09:59:14 Does it say to code?

09:59:15 >> No.

09:59:16 They are referencing the hours of operation.

09:59:18 Specifically.

09:59:25 >>YVONNE CAPIN: So, if those hours change, they're stuck

09:59:28 with those hours.

09:59:29 >> That's my understanding.

09:59:32 >>YVONNE CAPIN: And that's not the, what I understood was

09:59:36 going to go forward.

09:59:37 Code is code.

09:59:39 [Inaudible]

09:59:51 >>YVONNE CAPIN: Who decided to put it on the site plan?

09:59:54 >> The applicant.

09:59:58 >>YVONNE CAPIN: I'm sorry?

10:00:02 >>YVONNE CAPIN: What was the applicant decided to put it on

10:00:04 the site plan?

10:00:05 >> The hours of operation are referenced on the site plan.

10:00:08 I don't -- did I tell him to put it on the site plan?

10:00:12 The hours need to be referenced.

10:00:15 We put them on the site plan.

10:00:17 Now, the indication that says per chapter 14, don't know

10:00:24 that that was specific to him.

10:00:29 >>YVONNE CAPIN: It was very specific here.

10:00:31 And the agreement was to code.




10:00:35 >> So are you going to change the site plan?

10:00:38 >> I'll do whatever you want us to.

10:00:40 >>YVONNE CAPIN: No.

10:00:41 I just want to you understand, there's a difference between

10:00:43 the site plan and to code.

10:00:45 Code does not -- it's what the law is in the City of Tampa.

10:00:49 The hours of operation.

10:00:54 >>HARRY COHEN: Councilwoman Montelione.

10:00:56 >>LISA MONTELIONE: Thank you so much.

10:00:57 It is the prerogative -- I'm going to try not to testify

10:01:00 here.

10:01:00 As I know Mr. Shelby and our legal staff is always concerned

10:01:05 about that.

10:01:06 But it is the prerogative of the applicant to either have it

10:01:10 on the site plan or not.

10:01:11 And I don't recall, maybe somebody can check the transcript

10:01:16 of the previous hearing, I don't recall anybody agreeing to

10:01:21 have the hours to code.

10:01:25 So, it would mean that this is going to be voted on as is.

10:01:31 Because if we change it now, we're going back to another

10:01:35 first hearing.

10:01:36 And I don't think any of us want to do that.

10:01:38 >>HARRY COHEN: Mr. Shelby, is that correct?

10:01:40 Is that a material change?

10:01:42 >>MARTIN SHELBY: Well, I think under the code, I believe




10:01:44 under the code it would require change on the site plan.

10:01:49 >> Mrs. Kert?

10:01:50 >> Which would require a continuance.

10:01:53 >>REBECCA KERT: It would not require it to go back to first

10:01:55 reading but it would require it to be continued to second

10:01:58 reading so that the new site plan could be certified.

10:02:02 >>LISA MONTELIONE: So if -- I stand corrected.

10:02:04 But would it mean that they have to lengthen again the time

10:02:08 allowed, re-do the site plan, refile the site plan and come

10:02:13 back to Council.

10:02:14 And we have already had two very lengthy hearings on this.

10:02:17 And I would prefer to see it as is, go forward.

10:02:22 They agreed to the limited outdoor amplified music, which is

10:02:27 not an ordinance.

10:02:28 It's just out of the goodness of your heart, you're agreeing

10:02:30 to that and.

10:02:34 >> I just want --

10:02:35 >>HARRY COHEN: I have Councilmembers that are waiting to

10:02:37 speak.

10:02:37 So let me go ahead.

10:02:38 I have Ms. Mulhern and then Ms. Capin and then we'll hear

10:02:44 from the applicant.

10:02:46 >>MARY MULHERN: I believe that that was what was agreed to,

10:02:49 from my memory.

10:02:50 And I think it was part of the motion, that it would be to




10:02:53 code.

10:02:53 So, I don't know that makes any difference, if we can.

10:02:59 >>HARRY COHEN: Well, I would make a suggestion that perhaps

10:03:01 that can be clarified relatively quickly.

10:03:03 And if it were in the motion or as part of the tran script.

10:03:08 Let us hear from the applicant -- you want to say anything

10:03:11 else?

10:03:13 >>YVONNE CAPIN: Yes, I would like that to be, because I was

10:03:15 very specific, because they stated the hours and I said to

10:03:19 code.

10:03:20 And they said yes.

10:03:21 And I'm -- we're going to go back, we're going to look at

10:03:24 the transcript and then we'll correct it.

10:03:26 Because it was an error on somebody's part.

10:03:31 >> Can I just make one point real quick?

10:03:35 We have done, the main point I want to make here is this.

10:03:39 I've done exactly what the city's asked me to do, or asked

10:03:43 to us do.

10:03:43 So if Roy and I sat down, she reviews all these site plans.

10:03:47 We don't just make stuff you up.

10:03:50 We do according to what they say.

10:03:51 So was reviewed by Gloria.

10:03:55 >>HARRY COHEN: Mr. DiMaio, that is not the question.

10:03:57 The question is what was warranted to Council.

10:04:01 >> Second point I want to make, whatever the Council




10:04:04 pleasure is for us to do, you know.

10:04:08 >>HARRY COHEN: It's not up to our pleasure.

10:04:10 It's your pleasure.

10:04:11 >> The pleasure is --

10:04:13 [Inaudible]

10:04:20 >>YVONNE CAPIN: I distinctly remember the hours.

10:04:23 And to code.

10:04:25 You said yes to code or someone in your group said.

10:04:28 But we'll look at it and see.

10:04:31 >>HARRY COHEN: Let me just say this.

10:04:32 I think that I'd like to make a suggestion that we suspend

10:04:36 this for a moment.

10:04:37 Move on with the agenda and let's look and see what the

10:04:41 actual motion was.

10:04:42 What was said and then we'll come back to the item.

10:04:44 We'll return to the item as soon as we have been able to do

10:04:47 that.

10:04:48 So, is that okay with Council?

10:04:51 Is that agreeable to everyone?

10:04:54 Okay.

10:04:54 So we're going to move on for the moment away from item

10:04:57 number 46 and we're going to move on to item number 47.

10:05:03 Remember, that this hearing on item number 46 is still open.

10:05:06 We're not closing these hearings.

10:05:09 So, we will take it back up again in a few moments.




10:05:13 Item number 47.

10:05:17 >> Gloria Moreda, land development.

10:05:21 AB 2-14-05, the site plan has been satisfied and given to

10:05:26 the clerk's office.

10:05:29 >>HARRY COHEN: Okay.

10:05:30 Petitioner?

10:05:30 Is there anyone here on item number 47?

10:05:35 Well, is there anyone from the public who would like to

10:05:39 speak on item number 47?

10:05:43 >> Move to close.

10:05:44 >> Second.

10:05:45 >>HARRY COHEN: We have a motion to close from Councilmember

10:05:47 Reddick, second by Councilman Capin.

10:05:50 Councilmember Reddick, please take item 47 on second

10:05:53 reading.

10:05:53 >>FRANK REDDICK: Move an ordinance being presented for

10:05:55 second reading adoption, an ordinance approving a special

10:05:58 use permit S-2 for alcoholic beverage sales, small venue

10:06:02 consumption off premises only and making lawful the sale of

10:06:05 beer and wine at or from certain lot, plot or tract of land

10:06:09 located at 1728 east 7th avenue, Tampa, Florida, as more

10:06:12 particularly described in section 2, that all ordinances or

10:06:16 parts of ordinances in conflict are repealed, providing an

10:06:18 effective date.

10:06:21 >>HARRY COHEN: Before we take the vote, Councilwoman




10:06:24 Montelione just motioned to me to ask, I may have to reopen

10:06:27 the public hearing for a moment in order to do this.

10:06:29 Just to ask staff whether or not the changes that were

10:06:32 supposed to be made between first and second reading were

10:06:35 actually made.

10:06:40 >> Gloria Moreda, land development.

10:06:43 Yes, they were done.

10:06:44 >>HARRY COHEN: The answer is yes.

10:06:45 So I think we are safe to go ahead with the vote.

10:06:48 I'm sorry.

10:06:49 Councilman Reddick made the motion, seconded by

10:06:52 Councilmember Suarez.

10:06:54 Roll call vote.

10:06:55 Vote and record on second reading.

10:07:20 >>YVONNE CAPIN: Mine is not on.

10:07:22 >>CHARLIE MIRANDA: Revote, please.

10:07:37 Vote and record.

10:07:46 >>THE CLERK: Mr. Chair, the measure carries unanimously and

10:07:49 the second reading will be held on March --

10:07:52 >>CHARLIE MIRANDA: No.

10:07:57 Okay.

10:07:57 We go to item number 48.

10:08:04 >> This is AB 2-14-06, the site plan has been certified.

10:08:09 The amendment have been made and given to the clerk's

10:08:11 office.




10:08:12 >>CHARLIE MIRANDA: Thank you very much.

10:08:12 Anyone in the audience care to speak on item 48?

10:08:15 Please come forward.

10:08:19 >>CHARLIE MIRANDA: Motion to close by Mr. Reddick, second by

10:08:22 Mr. Suarez.

10:08:22 All in favor of the motion, please indicate by saying aye.

10:08:24 The ayes have it unanimously.

10:08:25 Who has the, Ms. Mulhern, number 48, please.

10:08:31 >>MARY MULHERN: Thank you, Mr. Chairman.

10:08:32 I move an ordinance repealing ordinance number 2104-A,

10:08:37 approving a special use permit S-2 for alcoholic beverage

10:08:40 sales, bar lounge on premises consumption and package sales

10:08:43 off premises consumption and making lawful the sale of

10:08:47 beverages regardless of alcoholic content - beer, wine and

10:08:49 liquor - on that certain lot, plot or tract of land located

10:08:49 at 3,000 North Armenia Avenue, Tampa, Florida, as more

10:08:55 particularly described in section 3, that all ordinances or

10:08:58 parts of ordinances in conflict are repealed, providing an

10:09:00 effective date.

10:09:03 >>CHARLIE MIRANDA: I have a motion by Ms. Mulhern, second by

10:09:05 Mr. Cohen.

10:09:06 Roll call vote.

10:09:07 Vote and record.

10:09:17 >>THE CLERK: Had Mr. Chair, the motion carries unanimously.

10:09:20 >>CHARLIE MIRANDA: Okay.




10:09:20 That's item number 49, correct?

10:09:24 >> 48.

10:09:25 >>CHARLIE MIRANDA: Okay, we go now to 49.

10:09:30 >> This is AB 2-14-7, the site plan has been amend and

10:09:35 satisfied, giving certified, given to the clerk's office.

10:09:41 >>CHARLIE MIRANDA: Anyone carry to speak on item 49?

10:09:44 See no one.

10:09:45 Need a motion to close 49.

10:09:51 I have a motion by Ms. Montelione, second by Mr. Cohen.

10:09:54 Further discussion by Councilmembers?

10:09:55 All in favor of close 49, please say aye.

10:10:00 The ayes have it unanimously.

10:10:00 Roll call vote.

10:10:05 We did 49?

10:10:09 >> I have to read it.

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

10:10:12 >>HARRY COHEN: I move an ordinance being presented for

10:10:13 second reading and adoption, an ordinance rescinding

10:10:16 alcoholic beverage sales permit AB 1-14-38, approving a

10:10:21 special use permit, S-2 for alcoholic beverage sales, small

10:10:25 venue, package sales off premise consumption only, and

10:10:28 making the sale of beverages regardless of alcoholic content

10:10:33 - beer, wine and liquor - on that certain lot, plot or tract

10:10:34 of land located at 1209 South Howard Avenue, Tampa, Florida,

10:10:39 as more particularly described in section 3, that all




10:10:42 ordinances or parts of ordinances in conflict are repealed,

10:10:45 providing an effective date.

10:10:47 >>CHARLIE MIRANDA: I have a motion for approval by

10:10:49 Mr. Cohen, on second reading, second by Mr. Suarez.

10:10:52 Roll call vote, vote and record.

10:10:54 >>CHARLIE MIRANDA: I can count to four.

10:11:16 But I can't go no more than four.

10:11:18 If one is abstaining.

10:11:22 I'm going to do 51, Mr. Cohen, you're right.

10:11:25 No wonder you got elected.

10:11:27 We go to item 51.

10:11:29 If I may.

10:11:29 I'm going to go out of order.

10:11:32 >> Good morning, Council, Abbye Feeley, Land Development

10:11:34 Coordination.

10:11:35 I'm actually here on items 50 through 54.

10:11:40 50, 51 and 52 have all been certified and provided to the

10:11:43 clerk.

10:11:44 Do I have those if you'd like to discuss any of the changes.

10:11:47 If not, everything is certified and ready to go.

10:11:49 >>CHARLIE MIRANDA: Thank you very much.

10:11:50 Really appreciate it.

10:11:51 All right.

10:11:51 We're on 51.

10:11:53 I'm holding 50 until we finish 51.




10:11:56 Anyone in the audience care to speak on item 51?

10:12:01 Please come forward.

10:12:02 I see no one.

10:12:04 Need a motion to close.

10:12:05 I have a motion to close by Ms. Montelione, second by

10:12:09 Mr. Suarez.

10:12:11 All in favor of the motion to close, please indicate by

10:12:16 saying aye.

10:12:16 Opposed nay.

10:12:17 The ayes have it unanimously.

10:12:18 Ms. Montelione, will you kindly take number 51, please?

10:12:21 >>LISA MONTELIONE: Certainly sir.

10:12:22 I move an ordinance being presented for second reading and

10:12:25 adoption, an ordinance rezoning property in the general

10:12:27 vicinity of 19440 Bruce B. Downs Boulevard in the City of

10:12:29 Tampa, Florida and more particularly described in section 1,

10:12:32 from zoning districts classifications, PDA planned

10:12:36 development alternative commercial general uses to PD,

10:12:38 planned development veterinary office and small colonel,

10:12:41 providing an effective date.

10:12:42 >>CHARLIE MIRANDA: I have a motion by Ms. Montelione.

10:12:44 Second a second by Mr. Reddick.

10:12:48 Roll call vote, vote and record.

10:12:54 >>THE CLERK: Mr. Chair, the motion carries unanimously.

10:12:57 >>CHARLIE MIRANDA: Thank you very much.




10:12:57 Item number 50.

10:13:00 >>HARRY COHEN: Mr. Chair, I will be abstaining from vote on

10:13:03 item number 50 because my father is one of the petitioners

10:13:06 and I have given my form to the clerk.

10:13:08 >>CHARLIE MIRANDA: Okay.

10:13:08 Item number 50.

10:13:12 Any would be in the audience care to speak on item 50?

10:13:19 I have a motion to close by Ms. Montelione, second bring

10:13:22 Reddick.

10:13:23 Further discussion by Councilmembers?

10:13:24 All in favor of the motion to close, please indicate by

10:13:26 saying aye.

10:13:26 Opposed nay.

10:13:28 The ayes have it unanimously.

10:13:29 Mr. Suarez, would you kindly take number 50.

10:13:32 >>MIKE SUAREZ: Thank you, chair.

10:13:33 I present an ordinance information second reading and

10:13:35 adoption.

10:13:35 Ordinance rezoning property in the general vicinity of 5239

10:13:38 South MacDill Avenue in the City of Tampa, Florida and more

10:13:41 particularly described in section 1, from zoning district

10:13:44 classifications, CG, commercial general, to PD, planned

10:13:47 developments residential, multi-family, providing an

10:13:50 effective date.

10:13:51 >> Second.




10:13:52 >>CHARLIE MIRANDA: I have a motion for approval by

10:13:53 Mr. Suarez on second reading.

10:13:56 Roll call vote, vote and record.

10:14:02 >>THE CLERK: Mr. Chair, the motion passed unanimously with

10:14:06 Cohen abstaining.

10:14:09 >>CHARLIE MIRANDA: Thank you very much.

10:14:09 Okay.

10:14:10 Is it the pleasure of this Council to finish 52, 53 and 54?

10:14:14 You want to go back to 46?

10:14:18 Whatever you want to do.

10:14:19 Okay, Mr. Cohen, we'll go back.

10:14:21 >>HARRY COHEN: We're going to go back to item 46 now.

10:14:24 However let me ask first of all staff, or let me ask the

10:14:35 petitioner where we are now on this item.

10:14:41 >> Frank Miranda on behalf of the petitioner.

10:14:43 My office is at 703 West Swann Avenue.

10:14:46 Haven't spoken today yet.

10:14:48 We believe we're going to move forward with as is how the

10:14:52 site plan is indicated.

10:14:53 Our recollection.

10:14:54 We don't have anything from the clerk yet.

10:14:56 But our recollection to code may have been ambiguous.

10:15:00 It's currently to code.

10:15:01 We believe we matched that with meetings with staff.

10:15:04 As the current code reads, we believe site plan is accurate.




10:15:08 >>HARRY COHEN: Before I go to Councilwoman Mulhern and

10:15:10 Capin, let me ask, did the clerk's office, were they able?

10:15:14 They're still looking.

10:15:16 So why are we going forward with number 46 then?

10:15:18 I thought we were going to wait until the clerk's office had

10:15:21 determined what was in the record.

10:15:22 [Inaudible]

10:15:26 >>HARRY COHEN: Well, I'm afraid we are going to have to wait

10:15:30 until we get that question answered.

10:15:31 So we will go ahead and now move on to item number 52.

10:15:37 Little bit grumpy today.

10:15:42 [ Laughter ]

10:15:44 >>HARRY COHEN: Item number 52.

10:15:46 Is the staff here?

10:15:57 I'm sorry.

10:15:58 You've already spoken to 50 through 54.

10:16:01 Refresh our memory.

10:16:03 >> 52.

10:16:03 This is a Euclidian zoning request.

10:16:07 Second reading, from an RS-60 to RS-50.

10:16:11 Staff did find the request consistent.

10:16:13 There is no site plan, so there's nothing to be certified.

10:16:17 But we're here for any questions.

10:16:19 >> MR: COHEN: Thank you very much, Ms. Feeley.

10:16:22 Good morning, petitioner.




10:16:23 >> Good morning.

10:16:24 Susan Johnson Valez, 607 West Bay Street on behalf of the

10:16:26 petitioner.

10:16:27 I don't believe we have anything further to add from our

10:16:31 presentation the first reading.

10:16:32 But we are here for any questions you might have.

10:16:34 Thank you.

10:16:39 >>CHARLIE MIRANDA: I'm sorry.

10:16:40 Going between signing of the resolutions and office coming

10:16:43 back, I apologize.

10:16:45 Item number 52.

10:16:46 Where are we at?

10:16:48 Anyone else from the public here to speak on item 52?

10:16:52 Please come forward.

10:16:54 >> Good morning.

10:16:55 My name is Kyle Richter, 3922 West Obispo Street.

10:16:59 I came in on February 13th, about with 7 of my neighbors.

10:17:08 Just wanted to kind of re-request once again a denial of

10:17:13 this RS-60 to RS-50.

10:17:15 Essentially there was a couple different things.

10:17:20 I think got a convoluted during the back and forth from our

10:17:27 side versus the opposing side throughout the hearing, if you

10:17:33 will.

10:17:33 The neighborhood boundaries as written in the report on the

10:17:38 rezoning request talked about Palmaria to the north, San




10:17:43 Luis to the south and Lois to the west, Himes to the east.

10:17:48 When Mike Murphy came up here and talked about the plot of

10:17:52 our entire neighborhood, essentially what was happened, once

10:17:59 we were going on the other side of Grady, which is the

10:18:02 adjacent street to the property in question, it was moved

10:18:06 that that was in Maryland Manor.

10:18:08 But according to the rezoning request, the neighborhood is

10:18:12 exactly what we're talking about.

10:18:13 In addition, as far as the character of our neighborhood,

10:18:19 the request also stated 158 zoning lots.

10:18:24 92 or 58% are RS-60 or greater.

10:18:28 Whereas, you know, as you know, zoning district minimum

10:18:34 requirements.

10:18:35 And as one of the members of the Council earlier stated, to

10:18:39 code is to code.

10:18:40 In addition, I actually went back and found a property 4007

10:18:51 West Obispo.

10:18:53 The owner of that property was here on February 13th.

10:18:56 You know, and they redeveloped it as a -- not redeveloped.

10:19:02 It was continued as a 100-foot lot.

10:19:04 In November of '99, this lot was denied two separate

10:19:11 RS-50s.

10:19:17 In addition, there's been 20 or so that were quoted in the

10:19:22 St. Petersburg times, that were denied as well.

10:19:25 That was from 2003 on November 7th.




10:19:27 And one of the things that Ms. Feeley and the other

10:19:34 counsel -- I apologize, I don't have your name, but said

10:19:38 that there was no site developments at this point.

10:19:41 However, when I came in on February 13th, if you go on to

10:19:48 Zillow, or real estate.com, you pull up this address, there

10:19:51 is a 3,260 square foot home listed on the web site, stating

10:19:57 that it is actually going to be the middle lot.

10:20:02 And as a reminder, I have a 1,960-foot home.

10:20:06 It's extremely tight on a 50-foot lot.

10:20:09 Last night, there was six different cars --

10:20:13 >>CHARLIE MIRANDA: Thank you very much.

10:20:14 Your time is up.

10:20:15 >> Thank you very much.

10:20:16 >>CHARLIE MIRANDA: Next please?

10:20:22 >> Good morning.

10:20:23 My name is Fred rock, residing 3910 West Obispo Street.

10:20:27 This kind of comes down to code is code.

10:20:30 As well as pay me now or pay me later.

10:20:34 I'm referring to that is, the impact of floodwaters in South

10:20:37 Tampa is notorious.

10:20:39 And what we're trying to do is minimize as much of that as

10:20:43 possible without having to go and rebuild entire new sewer

10:20:46 systems.

10:20:47 With that, I'm hoping that the Council today will look back

10:20:52 upon what the Council of the past did when they passed and




10:20:56 changed away from the '50s to the '60s.

10:20:59 Thank you very much.

10:21:01 >>CHARLIE MIRANDA: Thank you very much, sir.

10:21:02 Anyone else care to speak on item number 52?

10:21:05 Please come forward.

10:21:06 52, please come forward.

10:21:08 I see no one.

10:21:12 >> Move to close.

10:21:13 >>CHARLIE MIRANDA: I have a motion to close by Mr. Reddick.

10:21:15 Second by Mr. Cohen on 52.

10:21:16 All in favor of the motion to close 52, please indicate by

10:21:18 saying aye.

10:21:19 Opposed nay.

10:21:21 The ayes have it unanimously.

10:21:21 Ms. Capin, will you kindly read 52, please.

10:21:25 >>YVONNE CAPIN: Mr. Chairman, I will.

10:21:26 An ordinance rezoning property in the general vicinity of

10:21:30 3919 West Tacon Avenue in the City of Tampa, Florida and

10:21:34 more particularly described in section 1, from zoning

10:21:37 district classifications RS-60 residential single-family to

10:21:42 RS-50 residential single-family, providing an effective

10:21:44 date.

10:21:47 >>CHARLIE MIRANDA: I have a motion by Ms. Capin for

10:21:49 approval, second by Mr. Reddick.

10:21:51 Roll call vote.




10:21:52 Vote on 52 and record.

10:22:03 >>THE CLERK: Mr. Chair, the motion carried unanimously.

10:22:06 >>CHARLIE MIRANDA: Thank you very much.

10:22:06 We go -- thank you all for attending.

10:22:09 Item number 53.

10:22:11 Anyone in the audience care to speak on item 53, please come

10:22:16 forward.

10:22:16 I see no one on 53 coming forward.

10:22:25 Have a motion to close by Mrs. Capin, second by Ms. Mulhern.

10:22:33 Please indicate by saying aye.

10:22:34 The ayes have it unanimously.

10:22:34 Mr. Reddick, would you kindly take number 53.

10:22:39 >>FRANK REDDICK: Move an ordinance being presented for

10:22:41 second reading and adoption, an ordinance rezoning property

10:22:44 in the general vicinity of 817-819 East Broad Street in the

10:22:48 City of Tampa, Florida, more particularly described in

10:22:50 section one, from zoning district classifications SH-RS

10:22:55 Seminole high, residential single-family and SH-CI Seminole

10:22:59 Heights commercial intensity, to SH-CG Seminole Heights

10:23:03 commercial general, providing an effective date.

10:23:05 >>CHARLIE MIRANDA: I have a motion for approval on 53 by

10:23:07 Mr. Reddick, second by Mr. Suarez.

10:23:09 This is a roll call vote.

10:23:10 Vote and record.

10:23:18 >>THE CLERK: Mr. Chair, the motion carried unanimously.




10:23:24 >>CHARLIE MIRANDA: Thank you very much.

10:23:24 We go to item 54.

10:23:27 Anyone in the audience care to speak on item number 54,

10:23:31 please come forward.

10:23:31 Yes, sir?

10:23:37 >> Good morning.

10:23:38 My name is Greg Roth, 4950 West Kennedy Boulevard.

10:23:43 And I have been sworn.

10:23:45 I am the applicant and I just want to make myself available

10:23:48 for question.

10:23:48 There's nothing further to add from first hearing, but I'm

10:23:51 available.

10:23:51 Appreciate your time.

10:23:53 >>CHARLIE MIRANDA: Thank you very much.

10:23:53 Any questions by Councilmembers?

10:23:55 One last time, anyone in the audience care to speak?

10:23:58 I have a motion to close by Ms. Montelione, second by

10:24:01 Ms. Mulhern.

10:24:03 All in favor of the motion to close, please indicate by

10:24:05 saying aye.

10:24:06 The ayes have it unanimously.

10:24:06 This is a roll call vote.

10:24:09 Ms. Mulhern, would you kindly read number 54.

10:24:15 >>MARY MULHERN: I move an ordinance being presented for

10:24:16 second reading and adoption, an ordinance approving a




10:24:19 special use experiment S-2 approving a drive-in window in a

10:24:23 CG commercial general zoning district if general vicinity of

10:24:27 270 and 2720 west Martin Luther King drive -- junior

10:24:32 Boulevard in the City of Tampa, Florida and as more

10:24:34 particularly described in section one hereof; providing an

10:24:38 effective date.

10:24:39 >>I have a motion for approval on 54 by Miss Mulhern, second

10:24:43 by Mr. Reddick.

10:24:44 This is a roll call vote.

10:24:47 Vote and record.

10:24:48 >>CHARLIE MIRANDA: I'm sorry.

10:24:52 I hit the wrong button.

10:24:54 This is a roll call vote.

10:24:58 On 54.

10:25:00 Wait until the machine gets cleared up again.

10:25:03 Vote and record.

10:25:08 >>THE CLERK: Mr. Chair, the motion carries 5-2, with Cohen

10:25:24 and Miranda voting no.

10:25:26 >>CHARLIE MIRANDA: Thank you very much.

10:25:27 Okay.

10:25:28 Now, it's 10:4.

10:25:31 I have public hearings at 10:30s.

10:25:33 So we can't do those quite yet.

10:25:36 Yes, ma'am?

10:25:38 >>YVONNE CAPIN: Charlie, my legislative aid pulled up the




10:25:40 transcript of January 23 --

10:25:46 >> Are you going back?

10:25:47 >>CHARLIE MIRANDA: I think the clerk has got to be here for

10:25:49 some other reason.

10:25:49 I can't even hear that because I'm not going to vote on it.

10:25:59 >>CHARLIE MIRANDA: Let's get five minutes.

10:26:01 We come back at 10:30.

10:26:02 We sit in recess until 10:30.

10:26:05 >>CHARLIE MIRANDA: City Council is called to order.

10:34:50 Roll call?

10:34:52 [Roll Call]

10:34:55 >>MIKE SUAREZ: Here.

10:34:57 >>YVONNE CAPIN: Present.

10:35:03 >>HARRY COHEN: Here.

10:35:05 >>LISA MONTELIONE: Here.

10:35:06 >>CHARLIE MIRANDA: Here.

10:35:07 >>CHARLIE MIRANDA: Okay.

10:35:08 We're on item number 55.

10:35:09 This 55 and through 58 have not been opened.

10:35:16 I need a motion to open them.

10:35:18 Motion by Mr. Suarez to open those items, second by

10:35:21 Ms. Montelione.

10:35:22 All in favor of the motion, please indicate by saying aye.

10:35:23 Opposed nay.

10:35:25 The ayes have it unanimously.




10:35:25 Okay.

10:35:27 Item number 55.

10:35:28 Yes, ma'am?

10:35:30 >> We probably have to be sworn in.

10:35:32 >>CHARLIE MIRANDA: These are quasi-judicial hearings.

10:35:35 Anyone who is going to speak on 55 through 58, please rise

10:35:38 and be sworn in through the clerk.

10:35:41 55 through 58.

10:35:44 [Oath administered by Clerk]

10:35:44 >>CHARLIE MIRANDA: Okay.

10:35:57 Thank you very much.

10:35:57 Yes, ma'am?

10:35:59 >> Barbra Lang, Land Development Coordination.

10:36:02 VAC 14-05 is a request by the Cuban Club foundation to

10:36:09 vacate alleyway lying south of palm, north of ninth avenue

10:36:12 and running from 13th street to Avenida Republica De Cuba or

10:36:18 ARDC as it's known.

10:36:21 The alley is within the Ybor City historic district and has

10:36:24 been before the historic press essential board prior to this

10:36:27 vacating.

10:36:28 I have a map that shows the location.

10:36:29 The property owner presenting application is in red and the

10:36:38 alley to be vacated is in yellow.

10:36:40 The alley is improved and paved.

10:36:43 And there are a couple utilities in there.




10:36:46 And this is the alley looking east from 13th street.

10:36:48 And this is the alley looking west from ARDC.

10:36:56 And this is the alley looking east towards ARDC.

10:37:01 And this is the petitioner's property looking south from the

10:37:08 alley.

10:37:09 And this is the petitioner's property looking south from

10:37:16 Palm Avenue.

10:37:16 The other property ordinance were also involved in the

10:37:20 application, but they didn't have their affidavit correct,

10:37:23 so they are not listed as the property owner, but they are

10:37:25 involved.

10:37:26 So I showed that petitioner's property looking north from

10:37:28 ninth avenue is the petitioner's.

10:37:31 This is another shot of the petition year property looking

10:37:36 south from Palm Avenue.

10:37:37 And this is another shot of the Cuban Club bands shell area.

10:37:45 And another shot of that.

10:37:48 And another shot of the parking lot.

10:37:53 I also had objections to this request based on a couple

10:38:00 items.

10:38:01 One is this went before the BLC and they had objected to the

10:38:07 request.

10:38:07 So historic preservation has registered an objection and LDC

10:38:10 objected as well to line up with the historic preservation

10:38:14 objection.




10:38:15 If approved, there would have to be easements reserved for

10:38:18 Verizon, TECO, peoples gas and water.

10:38:20 And they would have to take over the ownership of the

10:38:24 sanitary sewer system.

10:38:27 And I believe Mr. Manteiga is here to have a PowerPoint

10:38:33 presentation.

10:38:34 He's the agent for the applicant.

10:38:36 >> Good morning.

10:38:37 I have a presentation I'd like to put through real quick.

10:38:43 Reason why we want to close the alley is that we have two

10:38:47 reasons.

10:38:47 The first one is safety.

10:38:48 Currently hundreds of HCC students use the alley as a

10:38:55 shortcut between the parking garage and the campus.

10:38:59 Many traverse the block-long alley at night.

10:39:01 The alley is dark and not easily visible from the road by

10:39:02 car traffic.

10:39:03 The campus does not patrol the alley nor does it provide

10:39:06 lighting.

10:39:07 We not only have several blind passages, where predators can

10:39:09 break in and hide.

10:39:11 The foot traffic and current conditions of the alley exposes

10:39:15 the non-profit Cuban Club foundation and its neighbors on

10:39:15 the alley to unnecessary liabilities.

10:39:17 The alley needs to be gated for the community's safety.




10:39:20 We have a letter from HCC in support of it.

10:39:24 They feel the same way and they've been concerned about the

10:39:27 alley for years.

10:39:28 We have talked about lighting.

10:39:30 They didn't want to pay for it.

10:39:32 We couldn't afford to pay for it.

10:39:34 So this would be a great solution for the problem.

10:39:37 We also have another reason.

10:39:39 And that is that we would like to, the Cuban Club would like

10:39:43 to tear down two walls adjacent to the alley.

10:39:46 We would like to do this in order to facilitate the Cuban

10:39:50 Club's patio and parking lot as one large venue.

10:39:53 Without the two walls in existence, both the back scrub

10:39:57 buildings would be more exposed to vandalism and break-ins.

10:40:01 To prevent this, we'd need to install wrought iron gates to

10:40:04 the west and east ends of the alley.

10:40:04 In order to gate the alley, it must be vacated.

10:40:06 The combination of the two lots would provide us a new venue

10:40:12 in Ybor City.

10:40:12 The expanded venue would allow the property to attract three

10:40:17 to four thousand attending concerts.

10:40:20 This would be larger than Jannus Landing and would give us a

10:40:23 unique size that currently isn't available in the bay area.

10:40:27 Large art and food festivals could be held there instead of

10:40:31 closing our public parks and streets.




10:40:32 The property could be configured for wrestling and boxing

10:40:36 matches.

10:40:36 The large tent could be erected on the site to facilitate

10:40:36 Bollywood, Super Bowl, college championship events.

10:40:40 All the things I mentioned are the things we currently do in

10:40:43 the patio and have done over the years.

10:40:46 This would just allow us to have larger attendance and be

10:40:48 able to make more revenue.

10:40:50 Without the walls, we would end up with a 24,000 square foot

10:40:56 area that we could have for audiences.

10:41:01 This would show a dream that we would have down the road

10:41:04 where we'd have a stage and permanent bathrooms located to

10:41:08 the west side.

10:41:09 If you notice though, the permanent bathrooms do not cross

10:41:13 the alley.

10:41:14 This is another view of that, without the walls and the only

10:41:20 crossing of the alley we would do envision is for electrical

10:41:23 underground, to be able to run a sound board.

10:41:26 We believe this would have many community benefits.

10:41:30 Would be more big events for Ybor City, increase visitors to

10:41:33 Ybor City, which would benefit the entire district.

10:41:35 Less road closures, increased income to the city from

10:41:38 parking revenues at adjacent parking garages.

10:41:41 It would also provide additional income to the non-profit

10:41:44 Cuban Club Foundation, which would invest in -- which would




10:41:47 be invested in preservation of the historic building.

10:41:50 I've been on the board for many years now and it's very

10:41:53 tough to run that building.

10:41:55 It's hard to come up with the revenue to keep doing

10:41:57 restorations that we need.

10:41:59 This would certainly give us a leg up in trying to get that

10:42:02 done.

10:42:03 We went before YCDC and presented this with a slide show.

10:42:08 They sent us a letter in support of the alley closing.

10:42:12 Unlike most of the alley closings in Ybor City, we're

10:42:17 committed to maintaining the alley's distinction.

10:42:22 Keep the alley surface different color and textures than

10:42:25 surfaces north or south.

10:42:26 Keep the curb cuts at east and west alley entrances.

10:42:28 We have no intention of building any permanent structures on

10:42:31 or above the alley.

10:42:32 Period appropriate gates would complement the two historic

10:42:35 buildings, allow tourists to see in.

10:42:37 We are committed to preserving the form of the alley.

10:42:41 When the BLC did not recommend to vacate the alley, they

10:42:45 were quoting the fact that historic districts should

10:42:49 preserve historic grid and that alleys should be preserved

10:42:53 in form and function.

10:42:54 We're committing to preserving that form.

10:42:57 The function that we would like not to permit is to be used




10:43:01 for traffic, foot traffic to HCC.

10:43:04 So was very interesting the BLC wanted to preserve that

10:43:07 actual function.

10:43:08 The other function that the alley no longer can handle is

10:43:12 car traffic.

10:43:13 Our current narrowest point is 7'3".

10:43:18 You've already seen a view of the alley.

10:43:20 This is another view of the alley.

10:43:21 This is measurement of our narrowest point, 7'3" inches.

10:43:27 Here is a view from the parking garage.

10:43:29 This is a view from above.

10:43:31 And we wanted to show you what happened to all the alleys

10:43:34 that surround us.

10:43:35 This is -- this is the alley to the west.

10:43:42 It's owned by HCC.

10:43:44 It's been replaced by a parking garage.

10:43:46 This is the alley to the northwest, it's owned by the

10:43:49 Hillsborough County school district.

10:43:50 It's also been replaced.

10:43:52 It's no longer there.

10:43:53 This is the alley to the north.

10:43:55 This is owned by HCC.

10:43:57 The alley exists underneath an asphalt parking lot.

10:44:02 There's no way of differentiating it from the surrounding

10:44:04 parking lot.




10:44:05 This is to the northeast.

10:44:07 This is owned by HCC.

10:44:09 All traces of the alley are gone.

10:44:11 This is to the east.

10:44:14 This is HCC also.

10:44:16 No trace of the alley.

10:44:18 This is to the southeast.

10:44:20 This alley is gated at one end, although you can't tell the

10:44:24 alley is there, it is now just part of a parking lot.

10:44:27 All still the same asphalt.

10:44:29 This is to the south.

10:44:31 This is owned by church of scientology.

10:44:34 This was a half alley and had been this way since the

10:44:37 beginning of Ybor.

10:44:38 It didn't go all the way through.

10:44:41 This alley used to be well trafficked, the way of getting to

10:44:46 spaghetti warehouse and into that area.

10:44:47 It's now blocked off completely and one of our most historic

10:44:51 and beautiful alleys is no longer available to the public.

10:44:54 And this is to the southwest.

10:44:57 And this also has a park garage.

10:44:59 There are no alleys in the block that surround the Cuban

10:45:01 Club.

10:45:02 We would like the city to approve this and we hope you will.

10:45:06 That's the end of my presentation.




10:45:07 Thank you.

10:45:07 >>CHARLIE MIRANDA: Thank you very much.

10:45:08 I have Ms. Mulhern, Ms. Capin.

10:45:11 >>MARY MULHERN: I just want to get on the record.

10:45:13 So you, Mr. Manteiga, you've agreed to allowing the

10:45:18 easements that staff asked for?

10:45:20 >> Yes.

10:45:22 >>MARY MULHERN: Thanks.

10:45:23 >>CHARLIE MIRANDA: Ms. Capin?

10:45:26 >>YVONNE CAPIN: Mr. Manteiga, the stage will be where?

10:45:31 You showed it.

10:45:32 >> We're looking to do a temporary stage for these concerts

10:45:35 on the north sides of the property.

10:45:39 >>YVONNE CAPIN: North, which would be with where the Cuban

10:45:41 Club patio is now.

10:45:43 >> Correct.

10:45:43 On the Palm Avenue side.

10:45:45 That would help us trap the music down into the Ybor City

10:45:51 side and not broadcast it north where there are

10:45:53 neighborhoods.

10:45:54 We currently had, in the last two years, we have had eight

10:45:57 concerts out there we have not had any complaints.

10:46:00 >>YVONNE CAPIN: Will this property be used for parking when

10:46:03 it's not?

10:46:05 >> Our property has not and will not be used for parking




10:46:09 except for occasional, where we do it for our own staff.

10:46:13 The El Pasaje property will be continue to be used for

10:46:17 parking.

10:46:17 If we were using it for special events, it would most likely

10:46:20 be on Friday or Saturday nights when they don't have a

10:46:23 parking need.

10:46:25 >>YVONNE CAPIN: Thank you very much.

10:46:26 >>CHARLIE MIRANDA: Any other Councilmembers at this time?

10:46:27 This is the public hearing.

10:46:28 Anyone that wishes to speak on this item, 55, please come

10:46:32 forward.

10:46:38 >> My name is Kay McGucken.

10:46:39 I have a form for the clerk.

10:46:46 >>CHARLIE MIRANDA: Read the name of that first one please.

10:46:50 >> My name is Kay --

10:46:52 >>CHARLIE MIRANDA: No, I'm asking the clerk.

10:46:53 >> Alan Kahana.

10:47:00 >> My name is Kay McGucken.

10:47:06 My address is 1320 ninth avenue.

10:47:08 I'm the attorney for Cherokee Associates and for El Pasaje

10:47:13 Building, LLC.

10:47:14 Cherokee Associates is a general partnership.

10:47:16 I'm one of the partners in Cherokee and Al Kahana is the

10:47:21 other partner.

10:47:22 Cherokee Associates is one of the owners of El Pasaje




10:47:27 Building, LLC.

10:47:29 Cherokee Associates has been developing property in Ybor

10:47:31 City for the past 30 years.

10:47:32 We rehabilitated El Pasaje and received an award of

10:47:37 excellence from the Planning Commission.

10:47:39 Additionally, Cherokee Associates and El Pasaje building are

10:47:46 the adjacent property owners south of the alley.

10:47:50 And we're in favor of closing the alley for a number of

10:47:53 reasons.

10:47:53 First off, it's actually in compliance with the economic

10:47:58 research associates study upon which the CRA plan was based,

10:48:03 which initially had a large hotel planned for that space.

10:48:07 And so they didn't believe that the alley was important at

10:48:10 that point.

10:48:10 Additionally, the community redevelopment plan for Ybor City

10:48:16 was designed to do away with unsafe conditions.

10:48:21 It was designed to eliminate obsolete and detrimental uses

10:48:28 and to provide a framework that would increase the

10:48:30 confidence of investors who were looking to invest in Ybor

10:48:33 City.

10:48:33 We also have very real issues with security in the alley.

10:48:40 The HCC students use it against the recommendations of the

10:48:45 president of HCC.

10:48:47 It is an unlit alley, and is not really safe for them to be

10:48:51 using at night.




10:48:52 In the daytime, I'm sure they do it at night too, but in the

10:48:56 daytime they walk out of the garage directly across the

10:49:00 street from the garage in the middle of the block.

10:49:02 They don't necessary -- most, a lot of them don't cross at

10:49:06 the cross -- there's no crosswalk.

10:49:09 They don't cross at the intersection.

10:49:10 They just walk out of the garage and directly into the

10:49:13 street.

10:49:14 They do it without paying attention or even looking where

10:49:16 they're going.

10:49:17 I know because I dodge them every morning.

10:49:20 And frankly, we're lucky that nobody's -- that there hasn't

10:49:26 been an accident because they just walk directly into the

10:49:29 street.

10:49:30 The alley closure would minimize the liability of the

10:49:34 property owners.

10:49:35 The property owners are the parties who get sued if someone

10:49:39 gets injured in the alley.

10:49:40 And my partner has been sued for an incident that occurred

10:49:43 on the city right-of-way in front of one of his buildings,

10:49:46 and that claimant was successful.

10:49:48 We're currently being, currently defending a claim for an

10:49:53 incident that allegedly happened in another alley in a

10:49:56 different alley behind a business.

10:49:59 We need to be able to protect ourselves and our property,




10:50:04 and the closure of the alley will help us do that.

10:50:07 We had a fire in an alley behind one of our buildings on

10:50:11 ninth avenue.

10:50:12 We believe that homeless people were there.

10:50:14 They started a fire and it caused significant damage to our

10:50:17 building.

10:50:19 It's an alley obviously that is not blocked that people can

10:50:22 get in.

10:50:22 Closing the alley will minimize the graffiti that gets

10:50:28 painted on our building and brick walls that face the alley.

10:50:32 The alley allows criminals easier access to break in to El

10:50:36 Pasaje and Cuban Club.

10:50:40 El Pasaje has had three or four incidents.

10:50:44 Clearly the city understood at the time of the CRA that to

10:50:47 develop the historic district, there would be more important

10:50:50 issues than keeping all the alleys open and that the value

10:50:54 of development is greater than the preservation of an alley.

10:50:58 We support the closure of the alley.

10:51:00 It does not continue the grid in any direction and as such,

10:51:04 it does not meaningfully contribute to the historic fabric

10:51:08 of Ybor City.

10:51:08 It does not conflict with the CRA plan.

10:51:11 It does make Ybor City patrons and HCC students safer and it

10:51:16 does make the adjacent property owners more able to protect

10:51:19 their property and minimize liability.




10:51:23 >>CHARLIE MIRANDA: Thank you very much.

10:51:23 Appreciate it.

10:51:24 Anyone else in the audience care to speak on this item?

10:51:27 Yes, sir?

10:51:32 >> Good morning, Council.

10:51:33 I'm Ron Villa, on staff for historic preservation.

10:51:36 Just wanted to put into the record that the Barrio Latino

10:51:39 Commission did review this application on January 21st, 2014

10:51:44 and they reviewed it under the authority to make reasonable

10:51:47 land use changes to the extent necessary to preserve the

10:51:52 appearance and integrity of the local historic district.

10:51:55 There were two motions that night.

10:51:57 The first motion was a denial and it was a 5-1 denial.

10:52:02 And then they included a second motion as they knew it was

10:52:06 going to move forward to City Council.

10:52:08 I have on the Elmo the language for that second motion.

10:52:17 It's in your package.

10:52:19 The Barrio Latino Commission also recommended to City

10:52:23 Council that it is inclined to approve the alley for

10:52:27 vacation, to consider imposing the conditions that were

10:52:30 presented by the applicant as conditions that would preserve

10:52:34 the alley.

10:52:34 And there's four bullet items attached to that.

10:52:37 I'm here to answer any questions as well, but I just wanted

10:52:42 to put that on the record.




10:52:44 >>CHARLIE MIRANDA: Any questions by Councilmembers at this

10:52:45 time?

10:52:46 Thank you very much.

10:52:46 Appreciate it.

10:52:47 Anyone else in the audience care to speak on this item?

10:52:50 Okay.

10:52:51 Mr. Manteiga, you made the presentation.

10:52:55 You certainly have five minutes on rebuttal of what was

10:53:00 said.

10:53:00 >> I have no rebuttal.

10:53:01 I think our presentation stands on its own.

10:53:04 The BLC is well known not to approve any alley closings and

10:53:09 they were consistent in this case.

10:53:11 But I believe this one does fit within, would be good for

10:53:15 our community.

10:53:15 >>CHARLIE MIRANDA: Let me ask you this.

10:53:16 Are the four items that were there listed that were stated

10:53:20 but not read into the record, are you in agreement with

10:53:22 those four?

10:53:23 >> Yes.

10:53:23 The only thing we have had, that we would be doing would be

10:53:26 trying to level out surfaces between our pavement and the

10:53:30 alley.

10:53:31 So, besides some either lowering of our area or adding some

10:53:35 more pavement to the alley, I really don't see any




10:53:38 improvements that we're looking to do the alley at all.

10:53:42 We have some underground wiring that we probably would need

10:53:44 to run there, but our plans are to keep it that way.

10:53:47 We have a historic building.

10:53:49 Our sole purpose of the Cuban Club Foundation is historic

10:53:54 preservation.

10:53:55 We believe the alley is part of that preservation.

10:53:58 >>MIKE SUAREZ: If I could ask a question of legal

10:53:59 department.

10:54:00 You saw the memo from the BLC about those conditions.

10:54:06 Once it's vacated, is that on vacation, is that a condition

10:54:09 that we can impose on the people that get a vacation or not?

10:54:13 >> Kate Taylor, legal department.

10:54:15 Yes, those are conditions that you can impose and I can make

10:54:17 those changes between first and second reading if you so

10:54:20 desire.

10:54:22 >>MIKE SUAREZ: I assume based on what Mr. Manteiga said,

10:54:25 that was an agreement.

10:54:28 >> Absolutely.

10:54:29 Of course we'd like to see the legal language, but yes, we

10:54:32 have no intention of doing anything to make the alley not an

10:54:34 alley.

10:54:35 We're happy with that.

10:54:36 In fact, anything we were to do on the alley, we would have

10:54:41 to come back to the BLC.




10:54:44 Just because we own the alley doesn't mean we can do

10:54:47 anything we want with it.

10:54:48 >>MIKE SUAREZ: That's why I wanted to ask the question.

10:54:51 Once we vacate it, we don't own it any more.

10:54:54 >> We'll promise to keep it better than the city does.

10:54:57 [ Laughter ]

10:54:58 >>MIKE SUAREZ: Thanks for your parting shot.

10:54:59 Thank you, chair.

10:55:01 >>CHARLIE MIRANDA: I think you're used to that aren't you,

10:55:03 Mr. Suarez?

10:55:04 All right.

10:55:06 Any other comments by Councilmembers?

10:55:08 I need a motion to close.

10:55:09 I have a motion to close by Mr. Reddick, seconded by

10:55:12 Mr. Suarez.

10:55:14 All in favor of the motion to close this hearing, please

10:55:16 indicate by saying aye.

10:55:16 Opposed nay.

10:55:20 The ayes have it unanimously.

10:55:22 Whose turn is it to read?

10:55:23 Mr. Suarez?

10:55:24 >>MIKE SUAREZ: I presented and ordinance for first reading

10:55:26 consideration, an ordinance vacating, closing, discontinuing

10:55:29 and abandoning an alleyway located south of Palm Avenue,

10:55:32 north of ninth avenue, east of 13th street and west of




10:55:37 Avenida Republica De Cuba in Seivers map of Ybor City

10:55:40 subdivision, subdivisions in the City of Tampa, Hillsborough

10:55:43 County, Florida, same being more particularly described in

10:55:45 section 1 hereof, subject to certain easement reservations,

10:55:49 covenants, conditions and restrictions more particularly set

10:55:52 forth herein, providing an effective date.

10:55:55 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez on first

10:55:57 reading.

10:55:57 I have a seconds by Mr. Reddick.

10:55:59 Further discussion by Councilmembers?

10:56:00 All in favor of the motion, please indicate by saying aye.

10:56:03 Opposed nay.

10:56:04 The ayes have it unanimously.

10:56:05 For approval, first reading.

10:56:10 Second reading will be?

10:56:14 >>THE CLERK: Second reading will be March 20th, 2014 at

10:56:18 9:30 a.m.

10:56:19 >>CHARLIE MIRANDA: Thank you very much.

10:56:19 Okay.

10:56:21 Is Council ready to go back to 46?

10:56:26 I assume.

10:56:28 Mr. Cohen?

10:56:30 >>HARRY COHEN: Thank you very much, Mr. Chair.

10:56:31 All right.

10:56:33 We were going to I think hear from the clerk before we, and




10:56:37 then Councilwoman Capin, I'll come to you next.

10:56:40 So petitioner, give us a minute and we'll hear from the

10:56:44 clerk and Councilwoman Capin and then we'll proceed.

10:56:54 >>THE CLERK: Good morning.

10:56:55 We have reviewed the records from January 23rd, which was

10:56:59 the initial public hearing and initial first reading.

10:57:03 At that time, there was a discussion between the applicant

10:57:06 that the hours of operation would begin from 7:00 a.m. to

10:57:11 3:00 a.m., 11:00 a.m. to 3:00 a.m. on Sunday.

10:57:14 They would prohibit outdoor amplification after 11:00 p.m.

10:57:21 and present the design exception and parking contrast to

10:57:26 with code.

10:57:27 At that time, ordinance was placed on first reading,

10:57:30 including the revisions requested by the petitioner and

10:57:32 second reading was set for February 20th.

10:57:36 On February 20th, the ordinance came in for second read, but

10:57:41 because it was not updated on the site plan, it went back on

10:57:45 first read.

10:57:46 And at the time of first reading, it was not included that

10:57:50 any revisions would be added to that revised first read

10:57:54 ordinance.

10:57:56 >>HARRY COHEN: Councilwoman Capin?

10:57:58 >>YVONNE CAPIN: Thank you.

10:57:59 Because it was read up, January 23rd, and I do see here

10:58:04 where it says what was agreed to and it's the hours of, the




10:58:08 hours on the site plan.

10:58:10 But I will refer back to the discussion which was at

10:58:16 3:36 p.m.

10:58:18 And at 3:36 p.m., it was asked, just for clarification that

10:58:22 I understand the question, and I said, that the hours be,

10:58:29 eleven seconds, I said to code four times.

10:58:31 That the hours be to code, which would be 7:00 a.m. to

10:58:36 3:00 a.m., 11:00 a.m. to 3:00 a.m. on Sunday.

10:58:39 And that is to code.

10:58:41 And to code means that it is not on the site plan.

10:58:44 It is to code.

10:58:45 And the answer was okay.

10:58:48 The second item is the amplified outdoor amplification of

10:58:55 11:00 p.m., that's agreeable.

10:58:57 And the third one was Mr. Reddick's parking, the contracts

10:59:03 that we can present that also.

10:59:06 And that was the answer.

10:59:07 Okay.

10:59:08 I want to say that because I believe that the applicant

10:59:13 understood and intended to do this.

10:59:15 I believe that the error was done by the staff.

10:59:19 Because you understood the hours.

10:59:23 And you understood the code.

10:59:25 And it was, that was agreed.

10:59:27 So when the staff put the hours, so what I will say from now




10:59:33 on, it is agreed, it is on the site plan, that is what came

10:59:36 in through to the first reading and it was never, I mean the

10:59:40 second -- it was never changed on the first, second first

10:59:43 reading.

10:59:44 So it is to the site plan.

10:59:46 And I'm fine with that.

10:59:48 Going forward, when I refer to code, I will use the number

10:59:51 14.150.1.

10:59:54 And that is what's going to be, if it is agreed to, that is

10:59:59 what is going to be on there, because it was an error, not

11:00:02 on your part applicants.

11:00:05 I understand your frustration going forward, but I wanted

11:00:10 the record to be clear.

11:00:12 And it was again, they should've known better.

11:00:17 But nonetheless, that's -- I know that you understood the

11:00:20 question.

11:00:21 Thank you.

11:00:23 >>HARRY COHEN: Any other Councilmembers that would like to

11:00:25 speak at this time?

11:00:26 Councilman Suarez?

11:00:29 >>MIKE SUAREZ: Just one question, clarifying with our legal

11:00:31 department.

11:00:31 When an issue like this comes up, we have a second first

11:00:34 reading, things that are already put as part of the first

11:00:37 reading carries over, except for those things that needed to




11:00:40 be changed between the first first reading and the second

11:00:44 first reading.

11:00:45 Now, I don't expect you all to know all this but you

11:00:49 understand my point.

11:00:50 Which is if everything else is conditioned and correct,

11:00:53 unless there's another change on that second first reading,

11:00:55 other than those that we find have not been certified for

11:00:59 some reason, we go forward from what was said at that first

11:01:02 first reading, correct?

11:01:04 >> Not necessarily.

11:01:05 Not necessarily.

11:01:06 What they presented to you was a completely new site plan.

11:01:10 >>MIKE SUAREZ: I just wanted to make sure.

11:01:12 Because that's where the real confusion is at.

11:01:16 Because was mentioned the first time.

11:01:17 And because whenever we hear these hearings, a lot of times

11:01:21 we just go forward based on a lot of stuff we have already

11:01:25 heard the first time and don't go back and re-do on the

11:01:28 second first reading.

11:01:29 >> It may be a good idea from this point forward to get

11:01:32 clarification if we ever do have a second first reading

11:01:36 again, exactly.

11:01:37 >>MIKE SUAREZ: I would make a suggestion of staff and legal,

11:01:39 you might want to be the person that makes sure that staff

11:01:44 does this, that those issues that have already been




11:01:47 clarified, those that have to be changed and re-done on

11:01:50 second hearing of a first reading -- that's the best way of

11:01:55 saying it I think -- that it be clarified.

11:01:57 Because we don't want to waste the time of the applicant,

11:02:00 the time of the public and our own time to deal with these

11:02:03 kinds of issues.

11:02:05 Okay?

11:02:05 Okay, thank you.

11:02:07 >>HARRY COHEN: Councilwoman Montelione.

11:02:08 >>LISA MONTELIONE: I have to be the kill joy.

11:02:10 But did I that during this hearing.

11:02:12 This is from -- this is from the transcript.

11:02:15 It says Councilmember Montelione requested Ms. Moreda to

11:02:19 approach the podium.

11:02:20 She asked Miss Moreda to review the site plan changes and

11:02:24 Ms. Moreda laid out all the changes we discussed from the

11:02:28 first first hearing and from the second first hearing.

11:02:30 So, that was done.

11:02:35 >>MIKE SUAREZ: I think you just made my point.

11:02:38 >>HARRY COHEN: Before we move on, I'd like to make two

11:02:41 points about this I think actually, Councilman Suarez, you

11:02:44 nailed it on the head when you asked Ms. Kert that question,

11:02:47 because the fact of the matter is, the transcript of the

11:02:50 first hearing, the issue of whether or not to set the hours

11:02:54 of operation from 7:00 a.m. to 3:00 a.m., 11:00 a.m. to




11:02:58 3:00 a.m. on Sundays would not have been listed here if it

11:03:02 weren't to deviate from -- if she was trying to make an

11:03:06 issue about deviating from the site plan.

11:03:07 It was already on the site plan, you wouldn't have had to

11:03:10 list it.

11:03:11 However, this is not the first hearing.

11:03:12 The first hearing was the next meeting, where the transcript

11:03:17 is much more ambiguous.

11:03:18 So, that's the -- and it's further complicated by the fact,

11:03:24 and I would say that because what Councilwoman Capin was

11:03:29 asking for was not substantively different hours that are

11:03:33 listed on the plan, that in an of itself could be confusing

11:03:37 for someone that doesn't sit through these meetings week

11:03:39 after week and understand the nuances of the difference

11:03:43 between those issues.

11:03:45 So to, to clarify, this is just a complicated question that

11:03:50 involved some ongoing issues that are going on among

11:03:54 Councilmembers, where we differ on how things should be,

11:03:58 should be listed going forward.

11:03:59 So with that said, why don't we return to the hearing and

11:04:05 move forward.

11:04:05 Councilwoman Capin?

11:04:13 >>YVONNE CAPIN: Are we ready?

11:04:16 >>HARRY COHEN: I was going to hear from the public.

11:04:17 Unless the petitioner, the petitioner had not finished their




11:04:22 presentation.

11:04:22 Are you finished, petitioner?

11:04:25 >>YVONNE CAPIN: I'm asking may I read it.

11:04:27 >>HARRY COHEN: When the time comes.

11:04:28 I'm going to go to the public now.

11:04:30 Public comment.

11:04:31 Three minutes per speaker.

11:04:32 Please approach the podium.

11:04:33 Make sure to give us your name and address.

11:04:36 And look forward to hearing from you.

11:04:42 >> Good morning.

11:04:42 John Jones, 1704 West Jetton Avenue.

11:04:47 I'm from historic Hyde Park Neighborhood Association and

11:04:51 even though we're not right here at Kennedy, we do believe

11:04:55 that this affects us.

11:04:58 Our concern is that we're perpetuating the waivers for

11:05:07 parking and everything else that's extending the party area

11:05:15 from South Howard up to Kennedy and up and down Kennedy and

11:05:20 that's just going to increase our problems.

11:05:22 Was going to speak earlier, but I got cut off before the

11:05:26 public hearing was closed on the epicurean case.

11:05:31 >>HARRY COHEN: Let me just say, Mr. Shelby, is it

11:05:33 appropriate to take comments on that right now during that

11:05:36 hearing since that hearing has already closed?

11:05:38 >>MARTIN SHELBY: I believe it's best to talk about the




11:05:40 merits of this particular petition.

11:05:43 >> No, that's fine.

11:05:44 What I want to say is South Howard has become a nightmare.

11:05:49 And it's a nightmare because of what's going on at the

11:05:52 intersection of Howard and Swann.

11:05:54 It's a nightmare because of what's going on on the north end

11:05:58 of South Howard, if that really makes any sense.

11:06:01 And because of what's going on to the south of Howard with

11:06:04 the new development down there, backing up all the way to

11:06:08 Swann.

11:06:08 So, if this is perpetuated by continuing to add restaurant,

11:06:17 bars, entertainment type facilities, of which I think at

11:06:21 least three have been approved on north side of Kennedy in

11:06:25 the past six months or so.

11:06:27 It's going to be a nightmare for those of us who live inside

11:06:31 of that triangle.

11:06:35 Kennedy and Howard.

11:06:36 Thank you.

11:06:41 >> Good morning, Council.

11:06:43 I'm Wesley Weissenburger, 1919 west North "A" Street.

11:06:49 I've been here before.

11:06:50 And part of my previous pertains to this too.

11:06:55 First of all, north Hyde Park, our property borders on

11:07:00 Willow, that's the end of it.

11:07:02 And if you look across the street right there is the




11:07:05 University of Tampa.

11:07:06 That is their property, so we are neighbors.

11:07:10 I'm not here as a Baptist preacher.

11:07:13 I'm not going to scream and yell and rant and rave about

11:07:16 alcohol.

11:07:16 You can drink all you want.

11:07:19 You can take your husband wherever you want to.

11:07:21 That's perfectly okay.

11:07:22 What I'm talking about, Mr. Reddick is not here.

11:07:26 I'm not going to point the finger.

11:07:28 But he was --

11:07:30 >>HARRY COHEN: We have a cushion Tom here that we don't

11:07:31 address Councilmembers by name during public comment.

11:07:35 >> Council, the person that's not mentioned, he represents

11:07:39 us.

11:07:40 And I do say he represented us well.

11:07:43 When we had a problem, it was that person who went to the

11:07:49 university.

11:07:49 We had two, three, 400 people, alcoholic, drunks in our

11:07:57 community.

11:07:57 You're aware of the situation.

11:07:59 Took your Council person, the unmentionable person, to sit

11:08:02 down, to sit down very politely with the university and

11:08:07 telling them there is a problem because of the drinking in

11:08:10 the community.




11:08:10 That was worked out.

11:08:13 The university is working on it.

11:08:14 When it comes to this particular property, I want to refresh

11:08:19 your memory.

11:08:20 The university owns the property around it.

11:08:23 The fire marshal has lowered the count, saying they do not

11:08:29 need as much parking.

11:08:30 But if that university buys that property, as I believe they

11:08:34 are in the process, that will cut down on their parking.

11:08:39 The count will change.

11:08:40 The final point is, when you have the people drinking

11:08:45 inside, you're not going to be able to control all those who

11:08:49 are drinking and wandering out.

11:08:51 The numbers will increase.

11:08:52 It will not just be the people inside the bar.

11:08:57 They will be hanging around like they do all the drinking

11:09:00 spots, from South Tampa, south Hyde Park, right up to our

11:09:04 area.

11:09:04 This is our concern.

11:09:06 This is a residential area.

11:09:08 We would prefer that you deny this.

11:09:13 They may have all the beer and wine and all the parties they

11:09:16 have there, but restrict it.

11:09:18 Not until 3:00 in the morning.

11:09:21 Restrict this parking.




11:09:25 Thank you very much.

11:09:26 We hope nothing will go wrong in the neighborhood.

11:09:29 And thank you for your concern.

11:09:34 >> Benjamin Buckley.

11:09:41 1705 state street.

11:09:42 I was here to the two previous hearings.

11:09:48 And I appreciate you all voting for this.

11:09:50 I think it's a positive step.

11:09:52 I'm for this restaurant.

11:09:54 The one thing I want to state is, I've lived in this

11:09:59 neighborhood, lived and worked in this neighborhood for over

11:10:02 30 years.

11:10:03 It's been in the past a very neglected neighborhood.

11:10:06 I've worked with the local associations.

11:10:11 I've been a part of the North Hyde Park Civic Association.

11:10:15 I am a, I'm the vice-president of that association.

11:10:18 There was a vote, I was not there.

11:10:21 They voted against it.

11:10:23 I personally am for this.

11:10:25 And I'm also the president of another group that is the

11:10:30 north Hyde Park alliance.

11:10:32 And we have not voted on this and we are not going to

11:10:37 publicly support or go against anything in particular.

11:10:41 But we are for the improvement and the enhancement of the

11:10:45 neighborhood.




11:10:46 And this is why I'm here.

11:10:48 Generally that's what our alliance does.

11:10:52 The North Hyde Park Civic Association is pretty much a

11:10:57 resident, people that live in the neighborhood.

11:11:00 They have not reached out to the business people.

11:11:03 The North Hyde Park Alliance is not exclusive.

11:11:07 We reach out to everyone in the neighborhood.

11:11:09 Businesses and citizens.

11:11:12 And that was founded because of the policy of the North Hyde

11:11:15 Park Civic Association.

11:11:17 The other thing I want to point out is, this neighborhood

11:11:22 is, it has a grid system of streets that was laid out, I

11:11:27 think in the 1890s, by Hugh McFarland.

11:11:32 He was the founder, one of the founders of West Tampa.

11:11:35 He's the one that had the idea and he laid out the city in a

11:11:39 streetcar -- it was set up for streetcars.

11:11:42 The city still has the grid that it used to have.

11:11:45 It hasn't changed.

11:11:47 But one thing that's changed, we got rid of the streetcars.

11:11:50 And in the, maybe 70 years ago, I really don't know, the

11:11:54 City Council voted to get rid of the streetcars and then go

11:11:58 towards an automobile-based city and so, all these lots and

11:12:05 all these streets were laid out according to that type of

11:12:09 transportation.

11:12:11 And what we're asking is for you folks to, to help and get




11:12:18 the legislation approved to help improve and find a good

11:12:24 future for north Hyde Park, West Tampa and every one of the

11:12:30 communities that's in the envision zone.

11:12:32 I have a lot of things to say, but I hope that you all vote

11:12:39 for this.

11:12:40 I think it will be great for the city.

11:12:42 Thank you.

11:12:43 >>HARRY COHEN: Thank you very much.

11:12:44 Next?

11:12:45 >> City Council members and interested parties, my name is

11:12:57 Rob Dubski.

11:12:59 My address is 1723 West Cass Street.

11:13:03 I am a member of several community civic groups and also

11:13:08 business groups in the west Riverfront area.

11:13:11 And I also a resident and an investor and I'm here today on

11:13:15 my own.

11:13:16 Just to reiterate some points, obviously liquor is already

11:13:23 established in the area.

11:13:25 At several other restaurants.

11:13:26 And also, they also have it outside on their porches.

11:13:32 Secondly, with the Outpost petition, they will beautify the

11:13:38 beginning of the corridor of the Kennedy corridor as you're

11:13:41 leaving out of downtown, with their beautification that will

11:13:45 happen there, and make it nicer.

11:13:47 And thirdly, as a businessman and also an interested in the




11:13:52 area of west Riverfront, I do also feel that beer and wine

11:13:57 tends to cater to younger people.

11:14:00 And when you do have spirits, it caters to an older crowd.

11:14:05 And that will then bring more, older people to the area to

11:14:13 do business with the local establishments.

11:14:16 And that's why I support this measure.

11:14:21 And I request it to be passed.

11:14:25 >>HARRY COHEN: Thank you, sir.

11:14:26 Next?

11:14:26 >> Good morning, council.

11:14:31 My name is Mike Castellano.

11:14:34 I live at 777 North Ashley Drive.

11:14:36 I am a small businessman in the downtown community and I

11:14:39 travel the streets often.

11:14:41 I am for these positive changes to enhance the parking lot,

11:14:46 make it easy in and easy out for this location and

11:14:49 restaurant.

11:14:49 I feel if you do pass these changes, with these parking lot

11:14:56 changes and easy in and easy out, it will be greater for

11:15:00 Tampa.

11:15:01 Increase the traffic flow and probably prevent some

11:15:04 accidents.

11:15:05 Also secondly, in this competitive restaurant business, I

11:15:10 think you need to be, you know, the likewise competitive,

11:15:15 offering the services and the products as your competitors.




11:15:20 So I feel that this restaurant will need to succeed to be

11:15:25 able to offer these products to these clients that are

11:15:28 coming in to Tampa, visitors, convention goers, so I'm in

11:15:33 the business.

11:15:34 I see it.

11:15:35 They want to expand and go to other restaurants.

11:15:38 They just don't want to hit a few.

11:15:41 More and more in this industry is the change for specialty

11:15:46 drinks, not just beer and wine.

11:15:48 So to cater, it's on a lot of publications.

11:15:52 That's a new way to go, the trend.

11:15:54 So I'm for this decision, these changes.

11:16:00 And wish you guys would move forward in a positive vote for

11:16:05 it.

11:16:06 Any questions?

11:16:09 >>HARRY COHEN: Thank you.

11:16:09 Next?

11:16:14 >> Good morning, council.

11:16:15 Anneliese Meyer, 2307 West Bristol Avenue, 33609.

11:16:21 I am here representing me.

11:16:24 I'm representing what's going on in my neighborhood.

11:16:26 Specifically Bristol Avenue.

11:16:28 I am a member of the Parkland Estates Civic Association.

11:16:32 I am vice-president.

11:16:32 I am also a member of several other civic clubs, chambers




11:16:36 and whatever.

11:16:37 I am here, I go out.

11:16:39 I like to drink.

11:16:40 I have no problem really with this establishment wanting

11:16:44 more liquor.

11:16:44 Yes, the gentleman is correct.

11:16:47 Older people do like to drink more liquor rather than just

11:16:50 beer.

11:16:50 I do drink wine.

11:16:52 However, we have to stay consistent with some findings.

11:16:58 We have problems on South Howard.

11:17:00 We have people in our streets -- excuse me -- in our front

11:17:05 yards.

11:17:06 You go out there in the morning.

11:17:07 They're sleeping.

11:17:08 We have had one person in a very large house, why they

11:17:11 didn't lock their doors, I don't know.

11:17:13 I live here.

11:17:13 My friend lives here.

11:17:14 No, he doesn't.

11:17:15 We had another young man knocking on the door, oh, my

11:17:18 girlfriend lives here.

11:17:19 I don't know where I'm at.

11:17:21 I'm sure this is her house.

11:17:22 This is what's happening.




11:17:23 We don't have responsible vendors.

11:17:25 However, Kennedy is being developed.

11:17:28 Pretty soon we're going to call it the WeKe area.

11:17:32 This is west Kennedy.

11:17:33 We probably need an overlay plan here so things don't get

11:17:36 out of hand.

11:17:37 They're starting to.

11:17:38 You've had several restaurants and bars come to you in the

11:17:40 past year.

11:17:42 It's got to stop somewhere.

11:17:43 We don't have enough parking.

11:17:45 Maybe the answer is the trolley, which I'm for, a loop going

11:17:49 down South Howard.

11:17:50 We need something.

11:17:52 We don't have enough parking.

11:17:53 We have got more tourists coming.

11:17:55 We have a beautiful city.

11:17:56 Let's keep it beautiful.

11:17:57 I'm not against this except the parking.

11:17:59 We have got to do something about this.

11:18:01 We have to stay consistent with staff.

11:18:04 That's all I have to say.

11:18:06 Thank you very much.

11:18:07 Have a lovely day.

11:18:12 >>HARRY COHEN: Next?




11:18:13 >> Good morning.

11:18:15 My name is Brian Cardina.

11:18:19 I am a -- I live at 501 Knights Run Avenue on Harbor Island.

11:18:24 I'm a patron of the Outpost as well as the University of

11:18:28 Tampa graduate in 2002.

11:18:30 I think I've got all my biases covered in that respect.

11:18:34 I support the Outpost getting the ability to serve liquor,

11:18:44 for a few reasons.

11:18:45 Some have already been mentioned.

11:18:47 But mainly because what they're trying to create goes along

11:18:53 with what I believe downtown and the City of Tampa is trying

11:18:58 to create.

11:18:58 A downtown centric society, live, work and play.

11:19:06 They've done this by, through great financial sacrifices.

11:19:12 Beautifying, as was mentioned, that location before the

11:19:17 ownership group got involved with that property.

11:19:20 It was an eyesore.

11:19:22 While I did like Mr. Tee's meatballs, he was just way short

11:19:27 on the appearance of that property.

11:19:29 And everything they've done since then to that property has

11:19:36 come directly in line with what we're trying to create down

11:19:40 here in Tampa.

11:19:41 In downtown Tampa.

11:19:42 They do not cater to, to students.

11:19:48 Okay?




11:19:48 This is a business that aims to cater to the downtown

11:19:52 working professional.

11:19:53 As was mentioned, the businesses on South Howard that exist

11:20:00 solely to just provide as much alcohol as possible in a $5

11:20:07 window from 10:00 to 3:00, this is not that kind of

11:20:09 business.

11:20:10 This is a restaurant that serves excellent food, creates an

11:20:14 atmosphere a sit-down atmosphere.

11:20:18 Not a club atmosphere, where you go binge drink and then you

11:20:21 end up on somebody's front lawn.

11:20:23 So with all these things said, well, in addition to the odds

11:20:31 that are insurmountable for this business to succeed without

11:20:36 this license next to its peers, it just won't happen.

11:20:42 That's all I have.

11:20:49 And I implore you to pass this as a downtown resident and a

11:20:53 supporter of fair business practices.

11:20:56 Thank you.

11:21:03 >> Gina Grimes, Hill Ward and Henderson, 101 East Kennedy

11:21:07 Boulevard, suite 3700.

11:21:09 Our firm represents the University of Tampa.

11:21:11 And I am submitting a speaker waiver form with 7 names on

11:21:16 it.

11:21:16 >> Thank you.

11:21:25 Please raise your hand.

11:21:27 Rick Agorak, thank you.




11:21:28 Stephanie Krebs, Michael Gilmore.

11:21:31 Thank you.

11:21:32 Gina Firth.

11:21:33 Thank you.

11:21:34 Charlotte Potonic.

11:21:39 Sara Glassburn.

11:21:41 And Bob Rudy.

11:21:43 Thank you.

11:21:44 That's 7 additional minutes for a total of ten.

11:21:47 >> I believe that entitles me to ten minutes.

11:21:49 I'm going to try not to take that long.

11:21:51 Going to go through some of these points quickly, but

11:21:54 because we were limited in time in the last two hearings,

11:21:57 there were a couple points that I didn't feel like I was

11:22:00 able to explain fully enough.

11:22:02 So I want to go back and do that today.

11:22:04 I'm going to try not to repeat anything I've previously

11:22:07 stated.

11:22:08 I want to begin by saying that I think it's unfortunate that

11:22:11 the applicant has, in this hearing resorted to personal

11:22:14 attacks against the university and the alumni and the

11:22:18 various events that have occurred at the university.

11:22:21 I think that just go goes to show you though that the

11:22:24 applicant is missing the whole point of this hearing.

11:22:26 This is a land use hearing.




11:22:28 This isn't a political hearing.

11:22:29 And even though we have addressed the issue of alcohol, it

11:22:33 really, what it boils down to is whether or not this

11:22:37 application meets your code criteria, I know you know that.

11:22:41 This is a land use hearing.

11:22:42 From the outset, we have stated that the university's

11:22:44 position is based on the fact that this application does not

11:22:48 meet the code criteria.

11:22:50 They're asking for waivers of three of the most important

11:22:54 code criteria that you have.

11:22:55 They have not justified the waivers.

11:22:58 And that's the basis for the university's objection.

11:23:04 The university is the leader in redevelopment of Kennedy

11:23:07 Boulevard.

11:23:08 Certainly they're not opposed to anyone else that wants to

11:23:11 come in, a small business and improve a restaurant like

11:23:14 this.

11:23:14 And invest in a restaurant in that property.

11:23:18 That's not the issue for the university.

11:23:21 The individuals that are operating this restaurant, who are

11:23:26 UT alumni, it is not intended to be personal against them.

11:23:30 I'm sure they take it that way because this is their

11:23:33 application.

11:23:33 But it's not intended that way.

11:23:35 We have stated from the outset that the basis for our




11:23:38 position is the failure of this application to meet the code

11:23:42 and the adverse effect that that failure of the application

11:23:45 to meet the code is going to have on the university, given

11:23:48 the location of this establishment.

11:23:51 And that's really what's most important, is the location on

11:23:55 the overhead, you'll see that in yellow is the location of

11:23:59 the establishment.

11:24:01 And as of this hour, the university now has under contract

11:24:06 these Two Bleu parcels, which are immediately adjacent to

11:24:10 the Outpost.

11:24:11 In addition, all this surrounding property within the

11:24:16 cross-hatches is also owned by the university.

11:24:19 And it's because they're asking for waivers, and it doesn't

11:24:23 meet the code, and its proximity to the university, that's

11:24:27 the basis for their objection.

11:24:29 We said it previously.

11:24:31 It doesn't meet the AB distance separation requirements.

11:24:35 And again, these are the less stringent of all the

11:24:38 requirements that you apply anywhere in the city.

11:24:40 They're not subject to the 1,000 feet distance separation

11:24:43 requirement.

11:24:44 They're only subject to 250, but even being subject to the

11:24:47 lower standards, they still need to waive it and reduce it.

11:24:50 More importantly though, they're asking for still a waiver

11:24:54 of the parking requirement.




11:24:55 And while at the last hearing, they came in and in my

11:25:00 opinion manipulated the occupancy load to reduce the parking

11:25:03 requirements, they're still requiring it in a weapon.

11:25:08 They're still requiring a waiver.

11:25:10 They reduced their parking requirements theoretically from

11:25:14 30 to 23, but they still need a waiver of three spaces.

11:25:17 They only have 20 spaces on-site.

11:25:19 The last issue I wanted to address, last two issues I wanted

11:25:24 to address, and I want to walk you through these issues,

11:25:27 have to deal with I think is the city's failure to correctly

11:25:31 apply the codes in this case.

11:25:33 One of them deals with the Kennedy Boulevard overlay

11:25:36 district.

11:25:37 Whenever anybody with an existing building comes in on

11:25:42 Kennedy Boulevard and want to do renovations, the city staff

11:25:45 looks at whether or not it's a major renovation.

11:25:47 A major renovation is defined as one in which exceeds 51% of

11:25:51 the assessed value of the property.

11:25:53 The assessed value of this property is 233,000, so 51% would

11:25:59 be 119,000.

11:26:01 On January 23rd, your transcript shows that they,

11:26:08 Mr. DiMaio when he was under oath stated that the Outpost

11:26:14 has invested hundred, several hundred thousand dollars

11:26:19 fixing up the restaurant that used to be Mr. Tee's and then

11:26:24 Frankie's and now became the Outpost several months ago.




11:26:27 So if his statement under oath is correct, that he invested,

11:26:30 they invested several hundred thousand dollars, then they

11:26:32 should be subject to the Kennedy Boulevard overlay

11:26:34 standards.

11:26:35 And the staff is not required them to comply with those

11:26:38 standards.

11:26:39 And that's one way in which this application fails to meet

11:26:43 the code.

11:26:43 And I'm going to submit into the record just the statement

11:26:47 or the excerpts from the city code and from the testimony.

11:26:52 The last issue again deals with the parking requirements and

11:26:56 the occupancy load.

11:26:57 At the first hearing, we understood that the occupancy load

11:27:02 was 120.

11:27:03 And the reason why occupancy loads is important is because

11:27:07 it determines what the parking requirements in fact are.

11:27:10 And when you, whenever you have a restaurant and you go into

11:27:15 the R permit center and you ask them how many parking spaces

11:27:19 do I have to have?

11:27:21 You're given this sheet of paper, which I submitted into the

11:27:25 record last time.

11:27:26 This sheet of paper says the following occupancy load values

11:27:30 are used to calculate the number of parking spaces for a

11:27:34 restaurant in conformance with the City of Tampa zoning

11:27:37 codes.




11:27:37 And again, it goes through and says if it's a bar with fixed

11:27:41 seats, this is what you calculate.

11:27:43 A bar without fixed seats, waiting areas, dining areas, with

11:27:47 fixed seats, without fixed seats, bench seats, back of bar

11:27:51 areas, kitchen, food prep and storage.

11:27:53 And why do you count all these spaces for purposes of

11:27:56 occupancy load?

11:27:57 You don't just count the number of customers that you can

11:27:59 have.

11:28:00 You have to count the employees and other areas as well.

11:28:03 Because those all contribute to how much parking is

11:28:06 required.

11:28:07 That's the formula that they give everybody that comes in to

11:28:11 the permit center when they want to have a restaurant.

11:28:15 I've received several calls.

11:28:19 There are a lot of people monitoring what is about to happen

11:28:21 in this case because for one, if you're going to allow the

11:28:24 waivers that you're granting in this case, you're going to

11:28:27 have this issue come back to you in future cases, where

11:28:32 they're going to want to justify their waivers or not

11:28:35 justify them, the same way this applicant did not justify

11:28:38 them.

11:28:39 But on the second issue on the occupancy load and the

11:28:43 restaurants, you have a big problem because in this

11:28:45 instance, as I said at the last hearing, the fire marshal,




11:28:48 and I'm going to hand out the materials once more that I

11:28:51 handed out previously.

11:28:52 If you would stop the clock just for one second while I hand

11:28:57 these out.

11:28:58 >> Please start the clock again.

11:29:14 >> When the new occupancy load was submitted at the last

11:29:16 hearing, instead of 90 inside and 30 outside, it was 60

11:29:21 inside and 32 outside.

11:29:24 That's the occupancy load placard that you have in your hand

11:29:27 right now.

11:29:28 I called the fire marshal and said, can I see a copy of the

11:29:30 calculations that you used?

11:29:33 Meaning can I see a copy of the worksheet that you would've

11:29:36 used applying this code standard?

11:29:39 Said he didn't do it.

11:29:40 He said he went into the restaurant and counted seats.

11:29:42 I want to call your attention to the fact that he did that

11:29:45 back in July of last summer, when they were first renovating

11:29:48 this restaurant.

11:29:49 He did not do it when they were applying for this special

11:29:54 use.

11:29:55 And in fact, they've never submitted a floor plan.

11:29:58 We have no idea what the inside of the restaurant is

11:30:01 comprised of.

11:30:02 Fixed seats, open areas, kitchen areas, the bar areas,




11:30:10 whether or not those, all that seating can be moved around.

11:30:13 We don't know any of that you have no documentation

11:30:16 whatsoever as to a floor plan.

11:30:18 Any other AB application, you have to submit a floor plan

11:30:21 and then the city applies this formula, as they do with

11:30:24 everybody else.

11:30:25 Didn't happen in this case.

11:30:26 City has not correctly applied the code in our opinion.

11:30:30 I've attached what two, the occupancy load placard, a copy

11:30:35 of the site plan or floor plan they submitted when they were

11:30:39 submitting their building permits for the renovations.

11:30:42 But we have no idea whether or not this floor plan is the

11:30:45 same.

11:30:46 And even if it is, I want to submit to you the correct

11:30:51 calculation.

11:30:52 The calculation done by Allen Murphy of Murphy and Larocca.

11:30:57 John Larocca was our expert witness.

11:31:00 Mr. Murphy prepared this calculation and shows using this

11:31:04 floor plan, the occupancy low should be 184 and parking

11:31:08 requirements should be 46.

11:31:09 Even tried to calculate it several other ways, which yielded

11:31:13 higher parking requirements than certainly 23 spaces, which

11:31:17 the applicant is claiming is all that they're required to

11:31:19 provide.

11:31:20 That's incorrect.




11:31:21 When you apply this formula, like everyone else has to

11:31:25 apply, you have a much higher number of parking requirements

11:31:29 because the occupancy load is higher.

11:31:31 So, we think that the city has failed to apply the correct

11:31:36 law, the life safety code, the fire marshal didn't use it.

11:31:39 And for that reason, they're inadequate as far as parking is

11:31:44 concerned.

11:31:44 And the fact that they don't have sufficient parking is

11:31:48 going to adversely affect the university, which is

11:31:50 immediately adjacent to this location.

11:31:52 For the record, I am going to submit to you all a copy of

11:31:56 the correct calculation done by Mr. Murphy.

11:32:00 In closing, with the fact that the city does not have

11:32:15 justification for the waivers and that they're asking for

11:32:19 approval of an occupancy load that is much lower than what

11:32:22 the code allows, we're asking that you deny this

11:32:26 application.

11:32:28 >>HARRY COHEN: Thank you.

11:32:29 >> I also would like to know if maybe Ms. Moreda could

11:32:32 address the occupancy load issue.

11:32:35 >>HARRY COHEN: Thank you very much, Mr. Grimes.

11:32:36 I have Councilman Mulhern and then Councilman Montelione and

11:32:40 then we'll proceed from there.

11:32:41 >>MARY MULHERN: Ms. Grimes, I didn't hear you say, by

11:32:45 Mr. Murphy's calculation, the occupancy would be 184.




11:32:49 What would the parking requirement be?

11:32:52 >> If the occupancy load is 184, the parking requirement

11:32:55 would be 46 parking spaces.

11:32:57 It's on that sheet at the bottom, off-street parking is 184

11:33:02 okay paints time .25 parking space per occupant yields 46

11:33:08 pace.

11:33:09 >>MARY MULHERN: Then I just, I wanted to hear from staff on

11:33:12 what you had asked for from Ms. Moreda about the occupancy

11:33:19 and the parking, to answer what you brought up.

11:33:21 But I'd himself like to hear again about the kicking in the

11:33:27 Kennedy overlay and if, if just the amount of money spent --

11:33:35 I think what we heard from you was that it was whether a

11:33:39 permit was required.

11:33:40 So I want to hear answers to Ms. Grimes' questions about

11:33:44 whether the overlay should've been applied.

11:33:48 >> Gloria Moreda, land development.

11:33:50 When staff initially reviewed this petition, the applicant

11:33:56 had actually applied for permits to do the renovations, to

11:34:00 do the canopy addition, the outside through the permitting

11:34:05 process in July.

11:34:06 We questioned the occupancy load.

11:34:11 That petition did not get reviewed for change of use.

11:34:13 We asked the fire inspector in our building to do an

11:34:18 inspection of the property to determine the occupant load of

11:34:23 the establishment.




11:34:24 In the manner in which they were currently operating.

11:34:28 And they came back with the number that was 120.

11:34:30 The subsequently the applicant had contacted the fire

11:34:34 marshal's office directly and asked for a new calculation.

11:34:38 They felt it was too high.

11:34:40 And that's when the fire marshal reported to us that it was

11:34:44 going to be the 60 on the inside, 32 on the outside.

11:34:49 And that he felt that he could commit to those number of

11:34:55 occupants.

11:34:56 He would enforce those.

11:34:57 That would be what would be on the placard.

11:35:01 >>MARY MULHERN: So based on that -- so, when the fire

11:35:05 marshal went back, when the petitioner requested, had they

11:35:09 already done their renovations?

11:35:13 >> They had already done their renovation.

11:35:16 >>MARY MULHERN: Okay.

11:35:18 >> In terms of the Kennedy overlay, at the time that the

11:35:23 applications were made for the renovations, in July, they

11:35:27 did not, through that review, meet the 50% value for major

11:35:35 renovations, so it was determined not to be.

11:35:38 They have not been reviewed for compliance with the Kennedy

11:35:41 overlay.

11:35:44 >>MARY MULHERN: So is part of that compliance how much money

11:35:46 they spent on the renovations?

11:35:48 >> That's correct.




11:35:56 >>HARRY COHEN: Councilwoman Montelione?

11:35:57 >>LISA MONTELIONE: Actually, Ms. Mulhern asked I think all

11:36:00 the questions I was going to ask, so I'm good.

11:36:02 >>HARRY COHEN: Councilwoman Capin?

11:36:04 >>YVONNE CAPIN: I'm satisfied with the questions

11:36:05 Ms. Mulhern, Councilwoman Mulhern asked.

11:36:10 >>HARRY COHEN: Are there any other questions or comments by

11:36:12 Councilmembers for staff before we hear from the applicant

11:36:14 for their rebuttal?

11:36:16 I don't see any.

11:36:17 Mr. Miranda?

11:36:18 -- excuse me.

11:36:19 Mr. Grandoff, go ahead.

11:36:23 >> Like to speak in opposition to the application.

11:36:26 >>HARRY COHEN: Okay.

11:36:27 Is there anyone else from the public that would like to

11:36:30 speak?

11:36:32 >>MIKE SUAREZ: Mr. Chair, if I may, before Mr. Grandoff

11:36:33 speaks, I want a legal opinion about -- obviously they're

11:36:38 from the same firm.

11:36:39 Is that considered a far enough arm's length, you know,

11:36:45 decision for him to speak on behalf of himself as a citizen,

11:36:49 as opposed to a member of the firm?

11:36:51 I just want to make sure we are clear on all this, so if

11:36:54 this situation comes up again, we don't have any issues.




11:36:57 >>MARTIN SHELBY: In what capacity are you here?

11:36:59 >> I'm speaking as a citizen, as a member of the Florida

11:37:01 bar.

11:37:01 Home address is, excuse me --

11:37:05 >>MIKE SUAREZ: You're part of the Florida bar.

11:37:07 >> I'm a member in good standing of the Florida bar.

11:37:09 My home address is 4611 Tennison Avenue.

11:37:15 I want --

11:37:17 >>MIKE SUAREZ: He hasn't answered my question yet.

11:37:18 The question is, if you are a member of a firm that is the,

11:37:23 is representing one of the opponents of an applicant, is it

11:37:28 required that that time is taken up by, I mean is that a

11:37:33 separate thing?

11:37:34 What is the legal ruling on that?

11:37:36 Because it's a little bit strange, that's all.

11:37:39 >>MARTIN SHELBY: Well, he has stated that he is appearing

11:37:42 here as a private citizen, as anybody has the right to do.

11:37:46 >>MIKE SUAREZ: So we take him at his word is what you're

11:37:48 saying.

11:37:49 >>MARTIN SHELBY: Yes.

11:37:49 And the fact is, as to whether, if there are bar rules that

11:37:52 apply, that's not relevant to this discussion, but taking

11:37:57 him at his word that he's appearing here, he has every right

11:38:01 as any other --

11:38:03 >>MIKE SUAREZ: I take it he's a member in good standing with




11:38:05 the bar.

11:38:06 >>HARRY COHEN: Let me say, Councilman Suarez, thank you for

11:38:09 putting that on the record.

11:38:10 >> Thank you.

11:38:11 Appreciate the opportunity.

11:38:11 The reason I mentioned my membership of the Florida bar, I

11:38:15 was here before you several months ago representing the

11:38:18 circle K company.

11:38:19 Circle K company was requesting approval of a PD to approve

11:38:24 a new store on Kennedy and Howard, which is subject to the

11:38:28 Howard Avenue regs and also the JFK Boulevard regulations.

11:38:34 And city code and Chapter 27 requires any property owner who

11:38:40 wishes to redevelop on Kennedy Boulevard to go through an

11:38:42 administrative review as to whether they have to comply with

11:38:46 the Kennedy Boulevard regulations.

11:38:48 We did that numerous times with circle K and found that we

11:38:51 could not comply with those regulations.

11:38:54 I'm not here to reargue that case.

11:38:56 But let you know that there is a process in place to review

11:39:01 and make sure it's compliance with the regs.

11:39:04 If you do not meet those regs, you have the alternative to

11:39:08 file planned rezonings.

11:39:10 We filed a planned development rezoning.

11:39:12 Brought it to the council.

11:39:13 Council voted against it.




11:39:15 That's fair and square.

11:39:16 But you also are the 14th amendment constitution that says

11:39:19 you must provide equal protection of the law to all

11:39:23 citizens.

11:39:24 And you must, what you apply to circle K, to be fair to

11:39:28 circle K and other property owners on Kennedy Boulevard,

11:39:30 such as the ABC property, that we sently had to comply, the

11:39:34 school on Kennedy that had to comply, the Starbucks that had

11:39:38 to comply, you must cast that net equally on all owners and

11:39:43 you must have this property go through that process also.

11:39:46 If not, you have to show a rational basis as to why you are

11:39:50 treating them differently.

11:39:51 You are embarking upon a different set of rule books for two

11:39:56 different property owners.

11:39:57 On the occupancy load issue, I've dealt with that numerous

11:40:04 times with architects that frequently certify as to the

11:40:08 occupancy load.

11:40:09 And it is not Gainesville hide the ball and let's get the

11:40:11 occupancy down so we need less parking.

11:40:13 Because they're related.

11:40:17 You have to know what the occupancy load is because this is

11:40:21 a fire safety issue.

11:40:22 Can you get the people out of the building if there's a

11:40:24 fire?

11:40:24 It isn't can you back enough parking so you can reduce the




11:40:29 waiver.

11:40:29 That's not what the code says.

11:40:30 Please apply the code fairly and equitable bring as due to

11:40:34 all citizens and property owners.

11:40:36 Thank you for your time.

11:40:38 >>HARRY COHEN: We have Councilman Suarez, Councilwoman

11:40:40 Montelione and Councilwoman Capin that have some additional

11:40:43 questions.

11:40:44 >>MIKE SUAREZ: Thank you, chair.

11:40:46 I have a question of staff.

11:40:47 This was brought up by Ms. Grimes.

11:40:52 Reiterated by Mr. Grandoff.

11:40:54 And was a question that I had in my mind and I don't know if

11:40:58 miss Moreda you actually answered the question from when you

11:41:02 were answering for the other Councilmember also.

11:41:04 I just want to clarify.

11:41:05 When we are talking about when a property has to comply with

11:41:10 the overlay district, we're talking about the amounts of

11:41:13 money that, what is the criteria that you use in order to

11:41:17 make that determination?

11:41:18 Because Ms. Grimes made a comment about something was put on

11:41:21 the record by the applicant before, and what is that number

11:41:26 and what does it actually mean?

11:41:29 Is it the improvements done on that particular property

11:41:31 only?




11:41:32 Is it that plus whatever the appraised value might be by the

11:41:35 property appraiser?

11:41:37 What's the criteria and what is the rule that we use on the

11:41:40 overlay?

11:41:41 >> Major renovation is defined in the code, section 2743 I

11:41:47 believe.

11:41:47 Generally it's based on the value of property, the assessed

11:41:51 value of the property, building and land.

11:41:56 And 50% when renovations exceed 50%, you are considered

11:42:02 major renovations and are subject to the overlay

11:42:05 requirements.

11:42:06 What renovations, my understanding is they did interior

11:42:11 renovations as well as a canopy renovation to the building.

11:42:15 And it was permitted in July of last year, and it was

11:42:23 determined not to meet that criteria.

11:42:27 >>MIKE SUAREZ: So my question, do you ask for literally

11:42:30 numbers from the applicant in terms of what amount they have

11:42:33 spent on behalf of the improvements that they've done in

11:42:36 order to find out if they meet that criteria?

11:42:39 Or because it's a little bit of a chicken or egg game we're

11:42:42 playing here.

11:42:43 If they're doing improvements, they may do improvements less

11:42:46 than what they need in order to meet the requirements of the

11:42:49 overlay district.

11:42:50 I'm just curious, what's that process?




11:42:52 >> I believe the contractor gives an estimate of what the

11:42:54 value of the improvements are being done.

11:42:59 >>MIKE SUAREZ: So the evidence that's given to us in order

11:43:01 to determine the overlay is evidence provided by the

11:43:05 applicant and by their contractor to find out what that

11:43:09 amount is.

11:43:10 And then we make that determination as to whether or not

11:43:12 they meet that?

11:43:15 >> Permitting process.

11:43:16 Land development does not review each application within the

11:43:19 historic district, but it is reviewed through the permitting

11:43:21 process.

11:43:22 And the estimate of construction value is given through that

11:43:27 permitting process.

11:43:29 >>MIKE SUAREZ: Okay.

11:43:30 I apologize to you.

11:43:31 One last question.

11:43:32 On the life safety issues that were brought up also, I am

11:43:36 not going to go back and find out what the folks at the fire

11:43:42 department determined and what they said to Ms. Grimes

11:43:45 because they're not here to swear in and tell us what it is.

11:43:49 But, if, when they come to us with what the occupancy load

11:43:55 is, obviously you heard Ms. Grimes say there is a huge

11:44:00 differential between what it should be and what it was

11:44:03 brought forward by the fire department.




11:44:07 Is this a typical thing that happens on land use hearings

11:44:11 primarily?

11:44:12 Or, I'm asking in this way because Mr. Grandoff brought up a

11:44:18 14th amendment issue.

11:44:20 I want to make sure, is this something that is done on a lot

11:44:23 of land use cases and not just this particular one?

11:44:26 >> I can't say that it is.

11:44:29 >>MIKE SUAREZ: This is an unusual circumstance that

11:44:31 happened?

11:44:32 >> This is an unusual circumstance where the fire marshal

11:44:35 was asked to go out and do a site inspection for the

11:44:39 determination of the occupant load.

11:44:43 When he came back with the numbers and we questioned him as

11:44:47 to whether they could be enforced, if these were the numbers

11:44:51 that he was coming with, would he enforce that?

11:44:54 And when he said yes, then staff accepted them as being the

11:44:59 controlling occupant load for this establishment.

11:45:03 >> Thank you, Chair.

11:45:04 >> HARRY COHEN: Thank you very much.

02:36:14 Okay, I have Councilwoman Montelione, then Councilwoman

02:36:16 Capin, perhaps Councilwoman Mulhern.

02:36:21 >>YVONNE CAPIN: Thank you.

02:36:22 >>LISA MONTELIONE: Thank you.

02:36:24 I'm not sure which of our staff needs to address this.

02:36:27 It might be legal department.




02:36:28 But it also goes to the fire marshal review.

02:36:32 Is that we've got basically testimony in this hearing saying

02:36:40 that our fire marshal is not applying the calculations for

02:36:49 the occupancy for this building appropriately.

02:36:53 So that would be to me, I mean, saying that he's wrong.

02:37:00 So, I don't want to sit as a Council and decide who's right

02:37:12 and who's wrong.

02:37:13 Are the calculations provided by the opposition something we

02:37:20 should take into account?

02:37:22 Or is it our fire marshal's certified occupant load that we

02:37:27 take into account?

02:37:30 When it's obvious from two people who spoke in opposition, a

02:37:35 genuine concern of life safety.

02:37:41 I mean, ultimately we're going to be responsible for the

02:47:18 safety of the patrons and the employees in that building.

02:47:22 So, I'm in, you know, we're all in a tight spot here at this

02:47:32 late time in this hearing process.

02:47:35 >> Rebecca Kert, legal department.

02:47:37 I am not able to speak to whether or not the fire marshal

02:47:40 calculated correctly the life safety code.

02:47:42 What you have heard from Ms. Moreda is that she asked him

02:47:46 whether or not they would be able to enforce the number that

02:47:49 they put on the placard, and they said yes, that is the

02:47:52 occupancy that they would lower.

02:47:54 As far as life safety, the number, I think controversy here




02:47:58 is that the number is lower than other people think it

02:48:01 should be.

02:48:02 So, the life safety issue generally happens when the

02:48:06 occupancy is much higher than people legally think it is.

02:48:09 That being said, I can only tell you, reiterate to you what

02:48:14 the testimony has already been and not testify myself,

02:48:16 because I don't have any independent knowledge.

02:48:18 But the fire marshal, according to Ms. Moreda, has said that

02:48:21 that is the occupancy that they will enforce.

02:48:24 If the occupancy changes, then there will be reevaluation of

02:48:27 their parking.

02:48:29 >>LISA MONTELIONE: Okay.

02:48:29 I guess maybe you know, going forward, as pointed out, a

02:48:35 different point, is that it might, just as we get reports,

02:48:39 evaluations from TPD on whether they have any opposition or

02:48:46 problem with the application as submitted, perhaps we should

02:48:50 also get the fire marshal to submit their worksheet on how

02:48:55 they calculated occupancy and then we would know whether,

02:48:59 you know, there are discrepancies should other testimony

02:49:02 come forward.

02:49:03 Because, you know, we just have the certificate that's

02:49:07 issued.

02:49:07 And maybe that's sufficient or maybe it's not.

02:49:10 But, that is a concern of mine.

02:49:13 And as far as the application of meeting the overlay, I




02:49:20 remember all the cases that Mr. Grandoff pointed out.

02:49:24 And the school that he mentioned, we granted a waiver to

02:49:28 that school because, complying with the Kennedy Boulevard

02:49:32 overlay district, they would've had to bury the power lines.

02:49:36 And I specifically remember asking many questions about the

02:49:38 expense of burying those power lines that come across the

02:49:41 street.

02:49:42 So I know they did not meet all of the criteria of the

02:49:45 overlay and we did grant waivers for that.

02:49:47 So, I think that, you know, there is -- there are capable

02:49:56 people here with, with valid arguments, and I think we just

02:50:01 need to weigh what we have heard during these hearings.

02:50:05 Because, you know, my recollection of some of those points

02:50:10 is a little bit different than others' recollection of the

02:50:14 points that were being made.

02:50:15 And I think just for our sake, it's a policy decision on how

02:50:20 we, you know, treat the fire marshal's calculations going

02:50:24 forward.

02:50:26 >>HARRY COHEN: Okay --

02:50:27 >> Ms. Montelione, I asked for --

02:50:31 >>HARRY COHEN: Miss Grimes, she didn't direct a question at

02:50:33 you.

02:50:34 Ms. Capin?

11:50:01 >>YVONNE CAPIN: The Kennedy overlay to Mr. Grandoff's

11:50:03 question on the review.




11:50:04 I've been following it.

11:50:06 And from what I can see, is that 50% or more of value added

11:50:16 to the property triggers the overlay.

11:50:19 So, it is applied to everyone.

11:50:21 That is the rule.

11:50:24 Yes?

11:50:25 No?

11:50:26 Staff, come up here.

11:50:27 Is that the rule or not?

11:50:29 I just want to understand it real clear.

11:50:34 >> It is major renovation and the overlay district would

11:50:37 apply.

11:50:38 >>YVONNE CAPIN: And major renovation is defined by?

11:50:42 >> 50% of the value of the property, building and land.

11:50:47 >> And that triggers?

11:50:49 >> Compliance with the overlay.

11:50:51 >>YVONNE CAPIN: Okay.

11:50:51 Thank you.

11:50:52 That's what I understood.

11:50:53 Now, the other thing I understand is, when we -- so it is

11:51:00 applied, that is the standard, so the review is the same for

11:51:04 everyone?

11:51:07 >> That is correct.

11:51:08 >> Okay.

11:51:08 Then, I'm going to get back to something.




11:51:10 When you said this was a special case.

11:51:12 When you improve a property, in my mind, it really doesn't

11:51:20 matter how many dollars you spent.

11:51:23 What matters is what is the added value?

11:51:28 Because people can spend hundreds, I've seen that happen, in

11:51:33 improving their home or their property, and the property

11:51:37 appraiser, the value is not there.

11:51:40 And that, that's a real big distinction as to how much you

11:51:44 spent and how much the appraised value is.

11:51:48 Is very different.

11:51:50 Two very different things.

11:51:51 And there are people that can spend less, $10,000 and their

11:51:56 value comes up, you know, 40, 50%.

11:52:00 So, we really -- is the square footage, the square footage

11:52:07 is calculated?

11:52:08 >> No, that's not part of it.

11:52:11 >>YVONNE CAPIN: So added square footage is not part of it.

11:52:14 It's just the added value or the master.

11:52:16 That is something that comes up.

11:52:23 When the dollar amounts.

11:52:24 Now, as far as the fire marshal, we have a certified

11:52:33 document here from the fire marshal stating the occupancy

11:52:38 load.

11:52:38 And then stating that yes, they can enforce this and they

11:52:43 will enforce this.




11:52:44 That is what I understood from legal.

11:52:48 So, I'm asking this, like everyone else, to clarify in my

11:52:56 mind exactly the questions that were brought up by the

11:53:02 opposition and as to clarify the numbers that we have on

11:53:09 here.

11:53:09 So, that is all that I have to ask.

11:53:14 >>HARRY COHEN: Thank you, Councilwoman Capin.

11:53:16 Councilwoman mum Hearn, you indicated you might have some

11:53:19 additional questions.

11:53:20 >>MARY MULHERN: I'm trying to, I think maybe Ms. Moreda, I

11:53:26 have a question for you, but questions for Ms. Kert, because

11:53:30 first to address the occupancy parking, fire marshal

11:53:36 question, Ms. Kert, you said that it could be reviewed

11:53:42 later, and if the occupancy -- then they would have to

11:53:51 provide more parking.

11:53:52 Didn't you say that?

11:53:57 >> If it was determined at some point that the occupancy

11:53:59 number was different, then that would be the occupancy that

11:54:02 they would be held to and if that occupancy was going to

11:54:05 require an increased in parking -- Gloria, am I incorrect?

11:54:10 Wanted to double sure.

11:54:11 Make sure I'm factual with you all.

11:54:14 If that increase in occupancy requires an increase in

11:54:16 parking, they would then be required to meet that parking.

11:54:22 >>MARY MULHERN: Okay.




11:54:22 The problem for us is that we don't have anything to base

11:54:27 that decision on today.

11:54:28 All we can do is go by what the fire marshal recommended.

11:54:34 And said he could enforce.

11:54:35 Knots recommended, but what he stated was the occupancy.

11:54:39 So, for us, we can go by that.

11:54:45 Correct?

11:54:47 >> Yes.

11:54:47 I mean, that's the information that has been provided to you

11:54:50 from your city staff, in their capacity.

11:54:53 I am also being told by Miss Moreda, although I have not

11:54:58 seen it myself, so perhaps I shouldn't testify, that the

11:55:01 occupancy is also condition of the special use permit.

11:55:05 >>MARY MULHERN: Okay.

11:55:05 So it's a condition.

11:55:07 So we can enforce it.

11:55:08 >> The occupancy is stated on the site plan.

11:55:10 >>MARY MULHERN: All right.

11:55:11 So I'm okay with that.

11:55:12 Then going back to this whole question of the overlay, when

11:55:18 you apply for a special use permit, you're not applying --

11:55:26 that wouldn't trigger an overlay review, right?

11:55:35 >>MARY MULHERN: It's only if you're making changes to the

11:55:36 property, flight.

11:55:37 >> That is correct.




11:55:38 If it's major renovation or if it's a brand new

11:55:41 construction, then yes, it would apply.

11:55:43 But you know, these, the interior renovation and the

11:55:49 improvement to the canopy was done through interior

11:55:53 renovation permits by the construction services center.

11:55:57 At that time, it was determined not to be a major renovation

11:56:00 by that staff.

11:56:01 >> Okay.

11:56:02 So it seems to me that both of these questions were really

11:56:05 in your they were in your jurisdiction,ings no ours.

11:56:14 We should be able to rely on information we're getting from

11:56:16 staff.

11:56:17 On both these questions.

11:56:19 And you know, all we can do is honor that.

11:56:25 But, I guess then I have a question for Ms. Grimes, even the

11:56:38 suggestion that the, that there's more parking required,

11:56:47 really, all we're being asked to grant today is the special

11:56:51 use permit for liquor.

11:56:52 Do you have some evidence that would show that by granting

11:56:58 this liquor special use permit, that would even crease the

11:57:05 requirement for parking?

11:57:07 >> Yes.

11:57:10 >> It's the documents I just submitted to you.

11:57:12 They never submitted a floor plan with this alcoholic

11:57:15 beverage application.




11:57:16 All the applicants that I've represented, we have always

11:57:19 been required to submit a floor plan.

11:57:21 They didn't do it.

11:57:24 Only floor man that exists was the one, that's the one I

11:57:30 gave you dated July.

11:57:31 At this point in time, the fire marshal went in and he

11:57:33 counted seats.

11:57:34 He didn't apply the formula that everybody else applies.

11:57:38 He told me I didn't apply, I don't have a worksheet, don't

11:57:43 have a floor plan, just went in there, counted those seats,

11:57:46 and here it is, 60 and 32.

11:57:48 That's it.

11:57:48 That's not the same standard you hold everybody else to.

11:57:51 The standard you hold everybody else to is shown on this

11:57:54 sheet right here.

11:57:54 This sheet that shows based on this site plan, which is the

11:57:57 only floor plan they submitted back in July.

If you apply this formula, you're going to need 40 something

spaces.

>>MARY MULHERN: But here's what I'm saying.

This is the permit that they presented in order to get

permits for renovation.

It wasn't what they submitted for a special use alcohol.

>> They didn't submit anything.

That's the point.




I have nothing to go by.

The fire marshal didn't have a floor plan.

They've applied a different rule in this case than they've

applied to everybody else.

And it's not fair.

It's not right.

And it's not what your code requires to you do.

Parking is supposed to be based, the parking requirement is

supposed to be based on occupancy load and they're using an

occupancy load from the fire marshal from July of last year

that was not done correctly.

Let's ask the fire marshal to be here.

We can find out exactly how he calculated it and we'll know

if he complied with the code.

>> MARY MULHERN: Then my question for Ms. Moreda, is this

how you calculate?

You've already answered the question saying that the fire

marshal did calculate it at the time of the permitting.

>> I just want to clarify that the floor plan was not

requested by this applicant.

Because they have recently applied for permits to do the

renovations for the restaurant.

We had the floor plan that was in those permitting system.

We asked the fire marshal because we didn't have it, we

didn't have the actual calculations for to it go out and




look at that.

And that was where the confusion was.

The estimate was originally 120 occupant load.

When the applicant went back and asked the fire marshal's

office to do another inspection, he came back with the 60-32

calculation.

When I questioned the fire marshal, he said that he would

enforce the 60-32 numbers.

And with that, that being our condition of the special

use --

>>MARY MULHERN: But had he seen the actual floor plan?

>> I do not -- there is that calculation that Ms. Grimes has

been showing, that is what determined to be the calculation

for occupancy, for parking.

That was not used.

We are using the fire marshal's calculations for occupancy.

>>MARY MULHERN: Right.

But the question is, what did he base his -- he based it on

the July floor plan?

>> He sent an inspector out --

>>MARY MULHERN: He based it on what was there.

Was that done before or after the renovation?

>> He sent one -- what, do you recall the date?

It was recent.

It was in the last month he was sent someone out there to do




calculations.

>>HARRY COHEN: Before we continue, if Council would indulge

us with an additional 15 minutes please.

We have a motion for an additional are 15 minutes from

Councilwoman Montelione, seconded by Councilman Suarez.

All those in favor please indicate by saying aye.

Opposed? Okay.

Councilwoman Capin?

And then Councilman Suarez.

Excuse me.

Councilman Capin.

>>YVONNE CAPIN: Very quickly.

What I'm hearing here is a is that, according to these

numbers, this was not used for the calculation, but the

difference being here is that it is -- it's not only

enforceable by the fire marshal to reduce it, but it is part

of the condition on the site plan.

>> That's correct.

>>YVONNE CAPIN: So, Ms. Grimes -- I'm trying to understand,

and correct me if I'm wrong.

You're putting forth that the occupancy load was not

calculated correctly in the first place because even after

the improvements, because that's what we're looking at, the

improvements were done, when the fire marshal went in there.

So, in the fire marshal's numbers, always supersede any




other calculations we have because that is fire -- that is

public safety.

We have -- I've seen places where the fire marshal's numbers

are higher than the actual occupancy in the establishment.

So...

>> But you look at occupancy load for two reasons.

Life safety, you're right.

Making sure that people can egress safely.

The second requirement is this life safety building code

requirement that says that this is how you calculate

occupancy load for purposes of determining the number of

required parking spaces.

Parking is the big issue here.

And it is in all these AV applications.

It's not how he calculates it for life safety necessarily,

but how he calculates it parking for a restaurant.

This is how you're supposed to break down the floor plan and

say this is how many parking spaces we need.

>>YVONNE CAPIN: So what you're saying is that, if I'm

understanding this, that the calculation for the parking

spaces, for the 46 is correct, regardless of how many people

the fire marshal says can be in there?

>> What I'm saying is when you apply this code formula, to

this one and only floor plan from last summer, that we have,

you come up with a different calculation than what the fire




marshal submitted.

I asked him, did you apply this calculation?

He said no.

I went in there and counted seats.

I said, do you have a floor plan?

He said no.

I went in there and counted seats.

He did not want to speak with me.

He said I stand by 60, 32 and he couldn't -- he said I did

nothing but count seats.

But counting just the seats isn't enough to determine the

correct number of parking spaces.

You have to count this other square footage, and he didn't

do that.

>>YVONNE CAPIN: His job was not to determine parking spaces.

His job was to determine how many people safely could be in

this establishment.

That's his job.

>> His job is also to calculate occupancy load, not just for

life safety, but for other reasons.

For other reasons.

My whole point in all this is, any applicant could come in

in the future and say you know what, our occupancy load,

fire marshal, we only have these few fixed seats, just count

them and it's going to be much lower than what it really is




in actuality and they're not going to want to come polite,

future applicants aren't going to want to comply with this

code requirement either.

They're going to want the fire marshal to give them a low

occupancy load, which I'm sure he'd be happy to do and then

they'd have to provide fewer parking spaces and they'll

manipulate the system and it will be an enforcement issue

for the city.

Because you're going to have to go out and make sure that

there's only 60 people inside and 32 outside.

And that's not the way it's done.

It's done based on this formula, because this formula is a

rational formula and it considers all this interior face in

an restaurant and it says based on this amount of space and

how you've designed it, you have to have this number of

parking spaces.

That wasn't done in this case they went in and counted the

customer seats, and that's what he says.

60, 32.

He didn't count any of the other open spaces, which

contribute to parking requirements.

>>YVONNE CAPIN: Whether he counted or didn't count, it is,

you know, we do have what we have in front of us.

>> The point is this applicant got special privilege itself

as far as this code requirement is concerned and that's not




right.

Everybody else is required to split a floor plan and

determine the parking, the being 0 panes and parking based

on this formula. That's the problem that I have with it.

>>YVONNE CAPIN: --

>> That's why people are watching this case also.

>>HARRY COHEN: Break in for a minute.

It's really one thing to say that you disagree with the fire

marshal's determination.

Occupancy load and that they're wrong.

But I think that to get into starting to accuse people of

willfully manipulating the system, first of all, it's

completely impossible for us to make evaluations based on

statements like that so we really need to stick to the facts

of the case, not emotion and conjecture.

Is there any on Councilmembers that would like to say

anything at this point?

>>YVONNE CAPIN: I'm done.

Thank you very much.

>>HARRY COHEN: Anyone?

Okay.

Petitioner?

>> Let me begin by saying the 60 count by the fire marshal

is not unique.

That facility used to be called Frankie's hot dogs.




>> Please give us your name and address.

>> Frank Miranda.

Law office located at 703 West Swann Avenue.

Continuing my statement, this 60 number is not unique to

this building.

When this restaurant was another restaurant called

Frankie's, when the same owners we have here was also

running that restaurant.

The capacity at that time was 60.

It's not a novel number.

It's kind of ironic though when people are talking safety,

University of Tampa wants a hire capacity load in there,

it's a lot easier to get 60 people out of a building than

146.

In addition to parking, I will submit to you the newest

lease that we have, even though we don't need it, we have

gone out and acquired additional parking.

The number we need by the expert staff that you have is 23.

We have 20 on the property.

We have acquired additional 11.

But we didn't rent just parking spaces.

We rent office space.

In that office space, we're allowed to use that 24/7.

And let me tell you what else we have that's no different

than what I brought to you last time.




We have a principal who executed a personal guarantee for

the rent on that space.

We are committed.

We have been committed from the very beginning to do this

exemplary and it being outstanding example for others to

follow.

No one has ever presented you a lease with a personal

guarantee attached to it.

Furthermore, even if the occupancy rate was higher, we still

cover the number.

So, exceptions aside, which I believe are justified by your

own staff, you have no objections from police, you have no

objections from fire.

Your own staff has verified this.

We have had three hearings on this matter.

The first two ends like this.

5-0 vote in favor and 6-0 vote in favor.

There's nothing been told to you differently today that

doesn't qualify and deserve the passage of this.

I won't take any longer of your time.

Thank you.

>>HARRY COHEN: Thank you very much.

Is there anything else from Council?

If not I will entertain a motion to close.

Just a moment.




Mr. Suarez?

>>MIKE SUAREZ: One quick comment.

And this is -- we have been given the information that is on

the record that we need to make this decision.

The problem I have is that, and this is unusual for a land

use case of this nature, which is, we have a member of the

public who happens to be a representative of the largest

landowner surrounding that particular property, that also

one of the leading land use lawyers in this city.

So I take the comments very seriously in terms of what was

mentioned.

At some point, we will and might have to take up some of the

accusations that were made.

And unfortunately, they were just accusations.

I wish that a detailed statement would've been put into the

record by that individual, Ms. Grimes and her group, because

I think it would've been helpful to us to actually look at

that and make a determination based on those accusations.

That's all I have to say.

Thank you.

>>HARRY COHEN: Okay.

There is a motion on the floor from Councilman Reddick,

seconded by Councilwoman Montelione, or other way around.

All those in favor of closure, please indicate by saying

aye.




Opposed?

Okay.

Councilwoman Capin, could you please take this ordinance?

>>YVONNE CAPIN: Thank you, Mr. Chair.

I will.

An ordinance repealing ordinance no -- excuse me.

Make sure I'm on the right one.

>>HARRY COHEN: For second reading.

>>YVONNE CAPIN: I'm going to start from the beginning.

An ordinance repealing ordinance no 8326-A, approving a

special use permit S-2 for alcoholic beverage sales,

restaurant consumption on premises only and making lawful

the sale of beverages regardless of alcoholic content -

beer, wine and liquor - on that certain lot, plot or tract

of land located at 909 West Kennedy Boulevard, Tampa,

Florida, as more particularly described in section 3, that

all ordinances or parts of ordinances in conflict are

repealed, providing an effective date.

>>HARRY COHEN: Okay.

We have a motion on second reading from Councilwoman Capin,

seconded by Councilman Reddick.

Please vote and record.

>>THE CLERK: Mr. Chair, the measure --

>>HARRY COHEN: Ladies and gentlemen.

No thank you.




>>THE CLERK: The measure carried unanimously.

With Miranda an takenning.

>>HARRY COHEN: Thank you very much.

All right, Councilmembers, we have three additional items on

our agenda.

They are review hearings that are going to take some time

the one complication I have been advised we'll be down --

ladies and gentlemen, we have additional business to

conduct, if you don't mind.

We are going to be down at least two Councilmembers, perhaps

more.

So we're down three Councilmembers this afternoon.

So, we are going to be down to four.

And under the rules, that means that anybody that is

petitioning us this afternoon is going to have an automatic

right to a continuance.

Correct, Mr. Shelby?

>>MARTIN SHELBY: Yes.

>>HARRY COHEN: So what is the pleasure of Council as to how

we would like to proceed?

Or shall we hear from our three applicants?

I don't -- honestly have to -- this has been a long morning

and I have to eat something.

[ Laughter ]

>>HARRY COHEN: I'm tired.




But that's just for me.

S is there any -- I'd like to hear from the petitioners

though on this matter, because we may be able to settle some

of this now.

>> Andrea Selmon, I'm here on item number 56, which is a

vacating where my clients own the property on either side of

the right-of-way.

The city supporting it.

I don't believe there's any opposition.

So we expect our hearing to go very quickly.

>>HARRY COHEN: Thank you.

>> I'm here for Bern's fine wine and spirits.

>>HARRY COHEN: That's already been taken care of.

That was already passed.

>> It was a little confusing there with people leaving.

>>HARRY COHEN: Thank you.

Want to hear from items 57 and 58.

>> Good afternoon, Matt crevice, I'm counsel for the

petitioners on number 57.

It's an appeal of a zoning administrator decision.

My only concern is that I have a court hearing scheduled at

1:30.

So if there is a downtime.

I've spoken with counsel for number 58.

He would be happy to put off.




>>HARRY COHEN: So I think we need to continue that.

Can you ask us when you'd like to continue it to.

>> Motion for continuance, request for continuance.

>>HARRY COHEN: Well, customarily, need to know from you when

you'd like to continue to.

But I suggest to you that we could certainly hear it on

April 3rd at 10:30 a.m.

>> The sooner the better.

April 3rd is fine.

>>HARRY COHEN: Okay.

We have a request from the petitioner on item number 57.

>> To continue to April 3rd on item number 57.

>>HARRY COHEN: Okay.

We have a motion from Councilman Suarez, seconded by

Councilwoman Montelione.

Is there anyone from the public that would like to speak on

the continuance only?

Not the substance of the matter, simply on the continuance.

>> Good morning.

My name is Joe Hapner, speaking on item number 57 for the

continuance.

This is about the sixth or seventh hearing we have had.

We have kept coming back for without a decision.

So we'd like to get this resolved as quickly as possible.

>>HARRY COHEN: Sir, I sympathize with your predicament but I




have to tell you under the circumstances with both the

attorney and three Councilmembers being unavailable, I don't

see how we're possibly going to be able to hear this matter

today.

I just don't see how we're going to be able to provide due

process.

>> Question.

Will it have priority at the April 3rd hearing so we don't

do the same thing?

>>HARRY COHEN: I think that's an excellent question.

Can we ask the clerk to please set it top of the public

hearings, first thing at 10:30?

Will the maker of the motion please indicate.

>>MIKE SUAREZ: Please indicate this would be the first

hearing at 10:30, public hearings on April 3rd.

>>HARRY COHEN: And the seconder I assume is okay with that

so the motion is for continuance, 10:3 a.m., first item on

the public hearing agenda on April 3rd, 2014.

All those in favor, the please indicate by saying aye.

Opposed?

Thank you very much.

That's continued.

Number 58?

Did we hear from anyone on item 5 regarding a continuance?

I would mention on this one, this has been rescheduled




twice.

But I don't believe it's been because Council asked to

reschedule it.

>> Yes, sir.

Pedro Rodriguez for the property owner.

If we have to continue it, then so be it.

>>HARRY COHEN: So are you requesting a continuance?

>> Yes, sir.

>>HARRY COHEN: Thank you.

Okay, we have a motion from Councilman Reddick, seconded by

Councilwoman Capin to -- let me ask if there's anyone in the

public that would like to speak on the continuance portion

of item number 58 only?

There is no one.

We have a motion by Councilman Reddick, seconded by

Councilwoman Montelione to continue this item to April 3rd

at 10:30 a.m.

Number two on the agenda.

All those in favor, please indicate by saying aye.

Opposed?

All right.

We have item number 56.

Can we dispense with that within the next five minutes or

so?

Ladies and gentlemen?




>> Sure.

>>HARRY COHEN: Can I have an additional ten minutes please?

>> So moved.

>> Motion with Council one Suarez.

Seconded by Councilwoman Montelione.

All those in favor, please indicate by saying aye.

Opposed?

All right.

Thank you very much.

Item number 56.

>> Barbara Lynch, land development coordination.

VAC 14-06, request by Rood family partnership and Bradley

and Bradley development group to vacate 25-foot unnamed

right-of-way lying south of Cypress, north of lemon and

running between vacated Sheryl street and Ward Street.

It's in the Westshore District.

I have a map.

The abutting owners, it's all owned by the abutting owners

and it's shown in red and the area to be vacated is shown in

yellow.

It is an unimproved right-of-way.

There's no apparent use of it.

I can show you in the photos.

This is looking south of Cypress Street.

It's unimproved.




It's looking north from lemon street.

You can see it's fenced at this point.

This is the unnamed right-of-way, midway looking north

towards Cypress Street.

Unimproved there as well there.

And then this is again looking south in the middle of this

right-of-way and looking toward the ditch that bisects the

right-of-way, so you can't even travel this north to south.

This is the petitioner's property at the southwest corner of

Cypress and unnamed right-of-way and this is their again at

the southwest corner of Cypress trees and unnamed

right-of-way.

Staff has no, 0s.

There are requests for easements for Verizon and stormwater.

>>HARRY COHEN: Thank you.

Petitioner?

And if the opposition would like to queue up on the sides,

we would appreciate that.

>> Andrea Selmon, seller Wright, Kennedy, I think Barbra has

covered everything very well and I'm happy to answer any

questions.

>>HARRY COHEN: Any questions from Councilmembers?

Is there anyone in the public that would like to speak on

this matter?

We have a motion to close from Councilman Reddick, seconded




by Councilwoman Montelione.

All those in favor, please indicate by saying aye.

Opposed?

Okay.

Councilwoman Montelione, would you please take item number

56?

Circumstances certainly, sir.

I move ordinance being presented for first reading

consideration, an ordinance vacating, closing, discontinuing

and abandoning an unnamed right-of-way lying east of rushing

street, west of Ward Street, north of Lemon Street and south

of Cypress Street in the Bates Tampania subdivisions in the

City of Tampa, Hillsborough County, Florida, the same being

more fully described in section one hereof, subject to

certain easement reservations, covenants, conditions and

restrictions, more particularly set forth herein, providing

an effective date.

>> Second.

>>HARRY COHEN: Okay, we have a motion on first reading by

Councilwoman Montelione, seconded by Councilman Suarez.

All those in favor please indicate by saying aye.

Opposed?

Okay.

Motion passes on first reading.

New business?




Councilman Suarez?

>>MIKE SUAREZ: I just have one item I need to clarify a

motion that I made previously concerning --

>>THE CLERK: Mr. Chair, night to announce second reading.

The second reading will be held on March 20th at 9:30 a.m.

>>HARRY COHEN: Okay.

Thank you very much, Madam Clerk.

Continue please, Mr. Suarez.

>>MIKE SUAREZ: That she be, that Marissa string for

presentation of a commendation come to our evening session

on, I believe it is March 13th at 6:00 p.m.

>> Second.

>>HARRY COHEN: Okay we have a motion nor commendation from

Councilman Suarez, seconded by Councilwoman Montelione.

All those in favor please indicate by saying aye.

Opposed? Okay.

Councilman Reddick?

>>FRANK REDDICK: Madam Chair, I'm going to request field a

motion that staff from the transportation department appear

before Council on March the 20th at 9:00 a.m. on staff

report to explain the site traffic plan for the Walmart

location on East Hillsborough Avenue.

>> Second.

>>HARRY COHEN: We have a motion from Council one reds dic,

seconded by Councilwoman Montelione.




All those in favor please indicate by saying aye.

Opposed?

Okay.

Thank you very much.

Councilwoman Mulhern?

>>MARY MULHERN: Yeah, I would like to ask Council if they

would be willing to support this motion that we send a

letter signed by the chair, from Council to the county

commission, or the county administrator -- I guess to the

county, requesting that the existing buildings at man Wagner

park that are used and maintained by community stepping

stones not be torn down, as that park is jointly owned by

the city and the county.

>> I'll second it.

>>HARRY COHEN: Okay, we have a motion from Councilwoman

Mulhern, seconded by Councilwoman Montelione.

All those in favor, please indicate by saying aye.

Opposed?

Okay.

Thank you, Councilwoman Mulhern.

I have two items of new business very briefly.

I'd like to make a motion to send a commendation to the

Jewish national fund for their 2014 tree of life program.

>> Motion made by Councilman Cohen, seconded by Councilwoman

Montelione.




All in favor?

Aye.

>>HARRY COHEN: And then the seconds one is, I would like to

ask Richard George from junior achievement to appear before

us, Tampa City Council and under ceremonial activities on

April 17th to both receive a commendation for junior

achievement's work and also give us a short presentation

about how they are recruiting people from within the

community to work within the Hillsborough County public

schools.

>> Second.

>> Motion made by Councilman Cohen, seconded by Councilman

Suarez.

All in favor?

Ize.

>>HARRY COHEN: Thank you.

Councilwoman Montelione?

>>LISA MONTELIONE: Thank you.

I just want to remind everyone about the Ybor youth clinic

scavenger hunt event this weekend.

It is Saturday, March 8th.

And if anyone wants any information, you can Google the Ybor

youth clinic or check my Facebook page.

>>HARRY COHEN: Thank you very much.

Councilman Suarez, I believe you need to amend your original




motion.

>>MIKE SUAREZ: I need to amend the original motion, or

seconds amend total this amendment, instead of it being on

March 13th, the commendation presentation for Marissa strain

to April 10th, our evening session at 6:00 p.m.

>> Second.

>>HARRY COHEN: We have a motion from Councilman Suarez,

seconded by Councilman Reddick.

All those in favor, please indicate by saying aye.

Opposed?

All right.

We have a motion to receive and file from Councilman

Reddick, seconded by Councilman Suarez.

All those in favor, please indicate by saying aye.

Opposed?

All right.

Thank you very much.

We are adjourned.



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