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Tampa City Council

Thursday, May 15, 2014

9:00 a.m. Session


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09:04:37 >>CHARLIE MIRANDA: City Council is called to order.

09:05:58 Chair yields to Mrs. Lisa Montelione.

09:06:00 >>LISA MONTELIONE: Thank you, Mr. Chair.

09:06:02 I would like to introduce this morning Imam Kahne was born

09:06:11 in Pakistan, one of the best educational institutions at the

09:06:15 time in the region.

09:06:17 While memorizing the entire holy script of Koran at age 12

09:06:23 he later dedicated his life to the true message of Islam

09:06:27 through educating others.

09:06:29 He has double masters degrees in Islamic theory and Arabic

09:06:33 literature from the very well renowned Islamic institute.

09:06:37 He came to the United States in 2000 and has since served

09:06:41 different Muslim communities throughout Michigan.

09:06:43 He moved to Tampa in 2009 and runs several faith services

09:06:47 such as leading daily prayers, daily sermon, weekly

09:06:55 ceremonies and Ramadan services are some of his

09:06:58 responsibilities.

09:06:59 So he's a busy guy.

09:07:00 I would like everyone to stand and remain standing for the

09:07:03 pledge of allegiance.

09:07:04 >> And now for the pledge of allegiance.

09:07:18 (Pledge of Allegiance)

09:07:38 >> The example of those who spend their lives in the way of

09:08:20 God which is like spikes and each spike is 100 green, and

09:08:29 God multiplies for whom they live and God is all

09:08:33 encompassing and all knowing.

09:08:38 These words are from Koran, and we ask God to help us,

09:08:50 empower us, and give us the blessing to do what is better

09:08:58 for the whole city, and people who are here and the

09:09:05 councilmen and Councilwoman who are here to give them the

09:09:09 power to give them the strength to do the better which is

09:09:14 for the whole people which is better, and Maliah, those who

09:09:30 do not show mercy will not be shown mercy upon, and all

09:09:35 people are the family of God.

09:09:37 So we are here to work for the family of God, and to do what

09:09:43 is better for all of them.

09:09:52 Thank you so much.

09:09:53 >>CHARLIE MIRANDA: Roll call.

09:09:54 >>MIKE SUAREZ: Here.

09:10:00 >>FRANK REDDICK: Here.

09:10:05 >>HARRY COHEN: Here.

09:10:06 >>LISA MONTELIONE: Here.

09:10:09 >>CHARLIE MIRANDA: Here.

09:10:10 For the record, I have a statement from Mary Mulhern.

09:10:13 She will not be attending today's council meeting, and also

09:10:17 she's asking if the discussion on the accessory use be held

09:10:22 to the next council meeting.

09:10:23 It's up to the council to decide.

09:10:24 I am putting this in the record.

09:10:26 Need a motion to receive and file.

09:10:27 Motion by Mrs. Montelione.

09:10:29 Second by Mr. Cohen.

09:10:30 All in favor of the motion please indicate by saying aye.

09:10:32 Opposed nay.

09:10:33 The ayes have it unanimously

09:10:35 I need a motion to adopt the minutes of April 10th and

09:10:39 May 1st.

09:10:40 Motion by Mr. Reddick, seconded by Mrs. Montelione.

09:10:42 All in favor?

09:10:43 Opposed?

09:10:44 The ayes have it unanimously.

09:10:45 Okay.

09:10:46 Commendations for Mr. Richard Carter, this morning by Mr.

09:10:51 Mike Suarez.

09:10:54 >>MIKE SUAREZ: Thank you, chair.

09:10:58 Something unusual that we don't usually have here.

09:11:00 I am going to do a commendation.

09:11:03 >>CHARLIE MIRANDA: You scared me.

09:11:03 >>MIKE SUAREZ: Different than what we usually do.

09:11:10 I am going to read a letter from our public works director,

09:11:13 Mr. Mike Herr.

09:11:16 40 years working for the City of Tampa for a person to

09:11:21 accomplish, your leader all in one lifetime.

09:11:25 Plus you have challenges of running right-of-way operations

09:11:29 which is such a vital division for maintaining city-wide

09:11:33 infrastructure.

09:11:33 I'm pleased and grateful that our paths crossed in my time

09:11:39 in the City of Tampa.

09:11:40 I wish you good health, plenty of enjoyment and Godspeed.

09:11:43 That's from Mike Herr.

09:11:45 He wanted me to read it outloud and give it to you.

09:11:48 Congratulations.

09:11:50 [ Applause ]

09:11:58 I wanted to start with Mike Herr, and knew how appreciative

09:12:09 Mike has been of his service.

09:12:13 Now the commendation from us, Rick.

09:12:15 The council graduates you, Rick, for being the right-of-way

09:12:19 operations director for public works as you retire over the

09:12:22 last 40 years of service.

09:12:24 Rick began his career in this division and continued into

09:12:27 positions of increasing impact and responsibility in the

09:12:30 sanitary sewer, stormwater and public works department.

09:12:33 Rick's leadership has made a big difference in the lives of

09:12:37 our citizens, the quality of the work environment for

09:12:39 employees, and the condition of the infrastructure that is

09:12:43 absolutely critical to making this city function.

09:12:46 Rick guided the stormwater department operations through

09:12:52 storming, norming and perform.

09:12:57 I'm not sure who are wrote that but that was a tongue

09:13:01 twister.

09:13:01 Thank you.

09:13:01 It's with great pride that we present our leader and friend

09:13:05 with a small token of our appreciation today, May 15, 2014.

09:13:13 Congratulations, Rick.

09:13:14 [ Applause ]

09:13:30 >> Council, thank you.

09:13:33 It's been my honor to serve the City of Tampa for 40 years.

09:13:40 It has not only been fun, but we always try to do the right

09:13:43 thing and be good stewards of the funds that we were given.

09:13:50 The phrase that make read was forming, storming, he norming

09:13:54 and performing, and that comes from our optimization program

09:13:58 and we are very proud of the time that it took us to become

09:14:03 a different business model for a government agency.

09:14:07 We changed the culture.

09:14:09 We changed how we did business.

09:14:12 We put efficiency and maintenance priority, and that's what

09:14:19 we were known for throughout the years in the stormwater

09:14:24 department.

09:14:26 For the last four years we have marched with public works.

09:14:29 I'm very thankful for Irvin Lee for giving me the

09:14:33 opportunity to expand our business model.

09:14:37 It's not been easy, but I think we have seen the fruits of

09:14:41 our labor.

09:14:43 Thank you very much.

09:14:44 [ Applause ]

09:14:58 >>CHARLIE MIRANDA: You did such an outstanding job, I am

09:15:00 going to let you do number 2.

09:15:02 >>MIKE SUAREZ: Thank you, chair.

09:15:07 By the way, Irv Lee says they call Rick Dr. No,

09:15:13 because whenever you ask him for something he says "No" -- I

09:15:16 mean, he must be doing something yes, but that's meant as a

09:15:20 term of endearment.

09:15:22 I am here to present something to our public works

09:15:24 department.

09:15:24 This week is public works week.

09:15:26 And actually nationally through the National League of

09:15:27 Cities, it is known as infrastructure week, this particular

09:15:31 week.

09:15:32 Next week is public works week.

09:15:34 I would like to present it to public works administrator

09:15:37 Mike Herr who is not here.

09:15:48 Come on up here then.

09:15:50 To all the employ that's make up our public works and

09:15:53 utilities services department for the outstanding services

09:15:55 they provide the City of Tampa and their commitment to

09:15:58 customer satisfaction while achieving a high level of

09:16:01 productivity, efficiency, and sustainability.

09:16:04 The public works and utility services department

09:16:07 responsibilities include staffing, budgeting, planning,

09:16:10 oversite and direction for the following departments.

09:16:12 Water.

09:16:13 Wastewater.

09:16:14 Solid waste.

09:16:14 Public works.

09:16:16 Transportation.

09:16:18 Tampa City Council is proud to recognize national public

09:16:20 works week and the dedication of our public works employees

09:16:24 for the dedication to provide the highest quality municipal

09:16:27 infrastructure and services to the City of Tampa.

09:16:29 It's my pleasure to have my accept this award.

09:16:32 And one thing that I always tell everyone in the public is

09:16:35 that they don't understand.

09:16:37 We run three major industries within the city as city

09:16:41 employees.

09:16:42 We have the public works department, public safety, which is

09:16:45 by itself another large department, and of course parks and

09:16:48 recreation, and it's something to always remember that the

09:16:52 hard working people like Mike and his staff and all the

09:16:55 other members of the city provide to the citizens of Tampa.

09:16:57 So it's my pleasure, Mike, to have you accept this on behalf

09:17:02 of the employees.

09:17:03 [ Applause ]

09:17:04 >> Council, thank you for recognizing the men and women who

09:17:22 comprise public works serving our citizens.

09:17:25 Now, we have some of our public works and employees here

09:17:29 today that make up solid waste, and I would like them to

09:17:33 stand, please.

09:17:35 [ Applause ]

09:17:36 Public works director Irv Lee is here, water, Brad Baird,

09:17:47 wastewater department director, but, ladies and gentlemen,

09:17:54 the men and women who work in public works and utilities and

09:17:57 solid waste, they are proud people.

09:18:00 They are very dedicated to excellent service.

09:18:03 And we say this all the time.

09:18:07 It's public works and utilities and solid waste is

09:18:09 definitely part of the heartbeat of the city, as Mike just

09:18:12 articulated.

09:18:13 So we are pleased to be here today, joining us in our

09:18:16 celebration from the 18th through 24th.

09:18:19 We have a number of events that we have planned throughout

09:18:21 the city to promote public works, utilities, solid waste,

09:18:24 and we hope you have a great meeting today, and thank you

09:18:27 for recognizing men and women of public works.

09:18:30 [ Applause ]

09:18:36 >>MIKE SUAREZ: We also have a proclamation from the mayor

09:18:38 designating public works week for next week.

09:18:42 So I want to make sure that Mike knew that the mayor also

09:18:46 recognized the achievements of our employees.

09:18:49 >>LISA MONTELIONE: I just wanted to add that Mr. Herr is

09:18:54 right.

09:18:54 Everything is going fine, public works is one of those areas

09:18:59 that you don't see.

09:19:03 It's only when something goes wrong that you notice what

09:19:09 great staff we have, because they are responsive, they are

09:19:13 on top of things, and whatever the problem is gets corrected

09:19:18 very, very quickly.

09:19:19 And it's really a testament to how everyone works together

09:19:25 and pulls together in a crisis.

09:19:28 >>CHARLIE MIRANDA: What a name for department.

09:19:30 Public works.

09:19:30 Everybody works from eight to five.

09:19:32 >> There you go.

09:19:36 >>CHARLIE MIRANDA: Okay.

09:19:36 We need approval of the agenda and the addendum.

09:19:40 And there's been a late change here.

09:19:42 I don't know what the council wants to do with the request

09:19:44 from Mrs. Mulhern for setting the one item that she's

09:19:51 talking about regarding the hotel.

09:19:57 >>HARRY COHEN: December 6th, I. They we can do it on

09:20:03 June 5th.

09:20:04 Or June 26th.

09:20:05 >>FRANK REDDICK: She's requesting to do it at the next

09:20:10 meeting.

09:20:10 >>HARRY COHEN: Yes, I know.

09:20:12 The next one is June 5th.

09:20:14 We have a sort of big agenda.

09:20:17 No one wants to admit it's June 5th.

09:20:19 >>FRANK REDDICK: Move the request.

09:20:24 >>CHARLIE MIRANDA: We have a motion by Mr. Reddick, second

09:20:26 by Mrs. Capin.

09:20:27 All in favor for number 6 to be changed to June 5th,

09:20:31 2014 at 9:00 a.m., please signify by saying aye.

09:20:37 Opposed nay.

09:20:38 The ayes have it unanimously.

09:20:39 Then I need a motion for approval of the agenda and

09:20:43 addendum,.

09:20:45 All in favor indicate by saying aye.

09:20:47 Opposed nay.

09:20:48 The ayes have it unanimously.

09:20:50 Public comments.

09:20:52 Anyone in the audience care to speak on any item on the

09:20:55 agenda first?

09:21:00 Come forward.

09:21:10 >> Pete Johnson, 510 Harrison street.

09:21:12 As always I'm here to talk about one of the most important

09:21:18 departments that can improve the quality of life and

09:21:23 neighborhoods.

09:21:23 I sent you this e-mail.

09:21:29 I'm sure you all read it.

09:21:30 But I asked for a report on the list of violations for a

09:21:35 time period.

09:21:36 What I got was this CD full of code violation, code

09:21:41 violation, code violation, code violation.

09:21:44 No report, no designation of what is the problem.

09:21:50 It's obvious by the report or lack of a report is the lack

09:21:56 of knowledge whether or not the process is working or not.

09:22:02 You can come up with all kinds of figures, percentages,

09:22:04 everything else, but the repetitive violations that happen

09:22:09 over and over and over again is not being corrected.

09:22:14 It's obviously that there is no report, so there is no way

09:22:21 they can determine whether or not what they are doing is

09:22:23 correcting of the problem.

09:22:24 Civil citations might be complied with, but how many times

09:22:28 do you offer civil citations over and over and over again

09:22:32 before nothing happens?

09:22:38 The last page is simple due process of law.

09:22:46 If we comply with the state statutes of due process of law,

09:22:51 we would not have this problem you, we wouldn't be in court

09:22:58 over a trailer park that's suing us, we wouldn't have 99% of

09:23:04 the problem that we have.

09:23:07 The cost of not doing due process is an unrealistic burden

09:23:14 on the department, this staff and the city budget.

09:23:20 Now, I can't tell -- you can't tell the administration how

09:23:23 to do anything, and I totally understand that.

09:23:26 But there's got to be some rhyme or reason to what we do and

09:23:32 why we do it and show progress.

09:23:36 We can't show progress, then the problems still exist.

09:23:41 (Bell sounds)

09:23:42 Thank you very much.

09:23:44 >>CHARLIE MIRANDA: Thank you very much.

09:23:44 Next, please.

09:23:45 >> My name is pastor Frank Williams, 712 east Scott street.

09:24:08 First, I want to make a comment.

09:24:12 I notice anytime you all have the open meetings, you let

09:24:16 anybody come in and pray but you won't let Frank Williams

09:24:19 pray.

09:24:20 And I know why, because I'm in the name of Jesus Christ.

09:24:25 That's my belief and that's going to be my belief until I go

09:24:27 to glory.

09:24:28 I'm basically here to talk about one thing.

09:24:31 I was here on Hillsborough and 22nd street, between 22nd

09:24:37 street and 30th street.

09:24:39 Why is it that you all don't put a walkway on 22nd street,

09:24:45 knowing that they got apartments on the north side, and they

09:24:48 got the grocery store on the south side, and for them

09:24:52 parents to get across the street with their children, they

09:24:55 can't walk all the way back to 22nd street at the light.

09:25:00 Now 30th street.

09:25:01 So I'm thinking that you all put an overhead crosswalk so

09:25:05 them parents can get across with their children.

09:25:08 I was coming downhills bore the other day.

09:25:11 Lady had two little children.

09:25:13 And one baby in a carriage, and got that median about ten

09:25:18 feet wide.

09:25:18 And those children were in the street and she couldn't even

09:25:22 get the carriage across the median.

09:25:25 I wonder why this is going on.

09:25:28 If we are going to spend our tax money, spend it wisely and

09:25:32 for God's sake spend it for the sake of our children.

09:25:34 It seems like you all don't care nothing about people.

09:25:43 Can't be on the agenda and talking about nothing.

09:25:44 Sometimes you have to listen to people like me.

09:25:46 I'm a preacher.

09:25:47 I'm going to preach the truth.

09:25:49 And I'm concerned about our children.

09:25:52 This ought not to be happen. You can put an overhead

09:25:55 crossway and save a lot of lives.

09:26:00 Two children killed not too long ago, and you seem to have

09:26:03 no concern, like you never care, like you treat me.

09:26:06 You treat me like you don't care.

09:26:08 But I'm going to stand up for what's right.

09:26:10 And like I say, you all need to look into that issue and

09:26:14 look into it fast and do something about it real quickly

09:26:19 before some other kid gets killed.

09:26:21 But it seems like you all have everything else on you all's

09:26:25 agenda but don't have the right thing on your agenda.

09:26:27 I don't know what to say about you all.

09:26:29 But I come down here daily and I am going to continue to

09:26:33 come down here.

09:26:33 And I am going to speak up for the righteousness of the

09:26:36 homeless peoples and the children and myself and my church.

09:26:41 And please, tell me to come and pray.

09:26:44 And God knows I will and you do, too.

09:26:50 >>FRANK REDDICK: Pastor Williams, let me just state this to

09:26:55 you in reference to the overpass on Hillsborough Avenue.

09:27:00 We had discussion with the Department of Transportation, who

09:27:03 is responsible for the overpass.

09:27:06 And they chose not to do that because it would cost over a

09:27:10 million dollars to do it.

09:27:11 >> So?

09:27:15 >>FRANK REDDICK: Here is what they are going to do.

09:27:17 They are going put crosswalks as well as a traffic light

09:27:20 right where Meridian point is located.

09:27:22 So that's where we are at with that now.

09:27:26 But we had discussions already with the Department of

09:27:29 Transportation, but they decided to put a crosswalk as well

09:27:33 as the traffic light.

09:27:34 So just want to state that for the record.

09:27:37 So don't want it to seem that no one is moving forward with

09:27:42 the discussions.

09:27:43 >> I appreciate that.

09:27:45 >>CHARLIE MIRANDA: Next, please.

09:27:48 No, next. Next.

09:27:50 >> I'm Ed, Ed Tillou from Sulphur Springs.

09:27:59 Okay.

09:28:00 With respect to that last statement, about once a week, I

09:28:06 have to cross Hillsborough, east Hillsborough, which is one

09:28:09 of the noise around the city.

09:28:12 I am going to make a list of them to you.

09:28:15 But the thing is, as I tried to cross it, what makes it very

09:28:18 difficult is how fast those cars are coming.

09:28:21 Now, it's not going to cost a million dollar to put an

09:28:25 acceptable speed limit in there.

09:28:26 And way think is acceptable is specifying 40 miles an hour,

09:28:31 because 35 miles an hour might seem to be too low.

09:28:35 But then actually enforce it at mid 40s, about 45 miles

09:28:40 per hour, because it is not unusual on east Hillsborough and

09:28:44 north Nebraska north from there to have cars going 50 and 55

09:28:48 miles an hour.

09:28:49 Now, those are not the kind of streets for that kind of

09:28:53 thing.

09:28:55 There's pedestrians out there and that would not cost a

09:28:57 million dollars.

09:28:57 It wouldn't cost much of anything.

09:28:59 In fact, going to make fine money.

09:29:04 What I mostly came to speak about was climatic change which

09:29:08 of course is getting a little bit of news lately because it

09:29:11 is something so very important.

09:29:13 And it's actually, in a way, you have a justification for

09:29:19 not buying a volt, a mini justification, because the final

09:29:25 analysis is not in.

09:29:26 It all hinges on coming from Siberia, and it will be coming

09:29:33 from north Canada and Alaska.

09:29:36 So the thing is I think I am going to write a letter being

09:29:43 very disapproving of what he's doing of late, but I tried to

09:29:46 get grounded with it and I have done a lot of study of the

09:29:48 Ukraine.

09:29:49 And unfortunately the eastern Ukraine and western Ukraine

09:29:53 has been very separate for a long time.

09:29:55 Now, interestingly enough, climatic change, this was the

09:30:02 culture in the western Ukraine and Mulvania, Romania, and

09:30:10 they were farmers.

09:30:12 This was about 3,000 BC.

09:30:14 And to the west of them, it was eastern Ukraine, and

09:30:23 southern Russia.

09:30:25 But this was -- the land forms are different, and they

09:30:30 raised animals. Anyway, when the crops started to fail,

09:30:36 they became very dependent on the culture, about 3,000 BC

09:30:47 which is not generally what the Germans have chosen to

09:30:49 believe in the sixth and seventh sent Friday. You are

09:30:54 interested in that at all, and here is something that might

09:31:00 help with the flooding which is oyster shells reefs.

09:31:05 So I will speak a B that in A little more in the future

09:31:08 because I'm thinking of moving to Maryland.

09:31:10 So, anyway.

09:31:10 (Bell sounds).

09:31:13 >>CHARLIE MIRANDA: Thank you very much.

09:31:13 Next, please.

09:31:16 Anyone else care to speak?

09:31:22 >> Hello, Mr. Chairman and council members.

09:31:24 I'm here today asking --

09:31:26 >> I need your name for the record.

09:31:28 >> My name is Sharon Hunnewell Johnson, and I am president

09:31:31 of Galaxy Fireworks.

09:31:33 We were shocked and dismayed and frustrated that a new store

09:31:37 has opened on Gandy Boulevard this past December without

09:31:40 completion of the required city permits, without the

09:31:42 required --

09:31:44 >>CHARLIE MIRANDA: Excuse me, could you speak into the mike?

09:31:46 We are having trouble listening to you.

09:31:47 >> Okay.

09:31:52 There you go.

09:31:54 We are going to have a new system in there.

09:31:56 >> Okay.

09:31:57 We are shocked and dismayed and frustrated that a new

09:32:01 fireworks store has opened on Gandy Boulevard without the

09:32:04 completion of the required city permits, without the

09:32:06 required authorization, approval of the fire marshal,

09:32:11 operating outside of the state moratorium.

09:32:13 There's no fireworks stores permitted after March of 2007 in

09:32:17 the State of Florida.

09:32:19 This is obviously a danger to public safety, and again your

09:32:24 fire marshal has not signed off on this store.

09:32:29 I am one that follows all the rules, files all the permits,

09:32:32 pays all the fees, and it's very apparent to me that I no

09:32:36 long very to do so, or any other retail business in the City

09:32:39 of Tampa.

09:32:41 We have called and petitioned, and met and talked with the

09:32:45 city attorney, and as far as I'm aware there has been no

09:32:48 action taken.

09:32:49 As two of weeks ago.

09:32:55 It has sat like a rock.

09:32:57 They are free to operate outside the required permits and

09:33:00 the laws of the city and the state.

09:33:01 It is my opinion that it's very well politically connected,

09:33:07 and using its influence above all other city businesses, no

09:33:10 rules and regulations in this town, will no longer stand for

09:33:14 it.

09:33:14 We are asking for your help.

09:33:15 This issue is being brought into the public spotlight and

09:33:19 demand they are treated like any other business and protect

09:33:22 the citizens of the city.

09:33:23 The city ordinances and state statutes for the for operate

09:33:28 illegally. Thank you.

09:33:29 >>MIKE SUAREZ: Thank you, chair.

09:33:32 You know, Mr. Pressman who represents galaxy fireworks had

09:33:37 sent e-mails to me, in addition to the legal department,

09:33:42 first I believe in December and then in January, was trying

09:33:44 to follow up.

09:33:45 There is a dispute as to whether or not the state statute

09:33:50 that they mentioned falls into play, and I would like to ask

09:33:56 that the legal department look into this and answer us in

09:34:00 terms of what the process is.

09:34:02 It may be that state law itself is a confusing part of it.

09:34:08 I don't know but I have not gotten response in terms of.

09:34:10 That so if we could, I would like to have that done.

09:34:13 I would like to make a motion to that effect and also to the

09:34:16 fire marshal to determine whether or not this particular

09:34:20 statute is not either being enforced or is something that we

09:34:24 can enforce, whatever it is?

09:34:26 We just haven't gotten an answer on that.

09:34:29 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez, second by

09:34:31 Mrs. Montelione on a close vote with Mrs. Capin.

09:34:35 Mr. Reddick wants to speak on the motion.

09:34:36 >>FRANK REDDICK: Thank you, Mr. Chair.

09:34:39 To the maker of the motion, there are some serious

09:34:44 allegations been made.

09:34:45 I would suggest that as part of your motion, you didn't put

09:34:49 a time date on there.

09:34:50 >> I was just going to.

09:34:53 >>FRANK REDDICK: Would you be willing to put this on the

09:34:56 June 5th agenda for those individuals to come back with

09:34:59 a recommendation?

09:35:02 >>MIKE SUAREZ: That's actually what I was looking at.

09:35:04 I appreciate it.

09:35:06 >>CHARLIE MIRANDA: Motion to accept Mr. Reddick's comments.

09:35:09 Mrs. Montelione.

09:35:09 >>LISA MONTELIONE: In my note, well, not usually, sometimes

09:35:16 the requests of specific people, departments to be here.

09:35:19 So in addition to legal, would you ask anybody else, fire

09:35:23 marshal or the building department?

09:35:26 >>MIKE SUAREZ: I'm not sure about the building department

09:35:29 because the state statute is pretty much limited to the

09:35:32 operation of this business.

09:35:34 >>CHARLIE MIRANDA: Any further discussion on the motion?

09:35:37 >>YVONNE CAPIN: No, just a comment but I will hold off.

09:35:40 >>CHARLIE MIRANDA: All in favor?

09:35:42 Opposed?

09:35:42 The ayes have it unanimously.

09:35:44 Thank you very much for appearing.

09:35:47 Anyone else?

09:35:47 The gentleman in the front row that wanted to speak on staff

09:35:51 reports.

09:35:52 You can speak on it now, sir.

09:35:56 Before we go into it.

09:36:04 43 is a public hearing, I believe.

09:36:06 I didn't know the number.

09:36:08 Yes, it is a public hearing.

09:36:10 That will come in an hour or so.

09:36:13 Next, please.

09:36:14 >> My name is Cheryl Tucker.

09:36:22 This is the first time to be at a be City Council meeting.

09:36:26 I was a contractor for well over 20 years and I know that

09:36:30 pulling a permit in the City of Tampa was something I always

09:36:32 had to do, and always had go through the steps.

09:36:36 As Sharon Hunnewell who just spoke, I am also here on that

09:36:40 matter because unfortunately, you know, in business,

09:36:42 especially here in Hillsborough County, and let me just say

09:36:45 that I was connected with the solid waste industry as well

09:36:48 for the last ten years, and the City of Tampa was absolutely

09:36:52 wonderful to us, and I am just so happy to say that they do

09:36:56 things right, and I think that's a wonderful thing.

09:36:59 But the problem that I'm seeing -- and I don't really

09:37:01 understand what be we need to do about it -- but when people

09:37:04 have violations and citations, they don't do things right,

09:37:08 why are we not shutting them down?

09:37:10 The bottom line is that I actually checked in opening a

09:37:15 fireworks retail business and found that the state statute

09:37:19 does exist, and we were not allowed to do that.

09:37:23 So why is it we are letting a business operate that is not

09:37:26 performing the legal aspects of the business, because the

09:37:29 bottom line is economically -- and I am very familiar with

09:37:33 galaxy fireworks.

09:37:35 And she's carrying workman's comp for all these people out

09:37:40 there.

09:37:41 There's liability insurance.

09:37:42 There's regulation was the fire marshal.

09:37:44 And there are so many steps to being legal in business.

09:37:47 As a general contractor I can basically tell you that.

09:37:49 I was here when the hurricanes came, over in Polk County, to

09:37:54 help with the roofing matters, and the illegal business that

09:37:57 flows in when a disaster strikes is unbelievable.

09:37:59 And now we are just talking about the simple economics of

09:38:02 Hillsborough County.

09:38:03 Bottom line is, we want our people to be able to work with

09:38:07 someone that's going to be aboveboard, pay them when they

09:38:11 get paid.

09:38:12 Ever since our economic system has changed in construction,

09:38:14 there have been many people get out there working for

09:38:17 somebody else and when it comes to pay, they don't get paid.

09:38:20 So I just wanted to say that I think there's something that

09:38:23 needs to be done more than a citation.

09:38:26 And furthermore -- I guess my time is limited.

09:38:29 (Bell sounds)

09:38:30 I just wanted to say that I most recently found out -- and I

09:38:34 don't know how many of you guys, I don't know anything about

09:38:37 your board, but I know that there are attorneys that have

09:38:40 been for 30 years that have represented different

09:38:45 businesses, and some of those attorneys have become judges,

09:38:47 and I just want to say that to be able to be in politics you

09:38:50 have to rely on the businesses to pay for your political

09:38:54 ways to be able to get ahead.

09:38:56 But everybody needs to take a look at this whole situation.

09:38:59 Thank you.

09:38:59 (Bell sounds).

09:39:03 >>YVONNE CAPIN: This is the second time this has been

09:39:04 brought up.

09:39:05 I am going to -- the first time said political connections,

09:39:11 and as far as I'm concerned, every citizen in the City of

09:39:15 Tampa -- and I don't want to speak for my colleagues but I'm

09:39:19 pretty sure every citizen in the City of Tampa has political

09:39:22 connections as far as I'm concerned.

09:39:25 So I just want to make that clear.

09:39:28 That's the second time it's been brought up this morning.

09:39:33 >>CHARLIE MIRANDA: Anyone else?

09:39:34 Anyone care to speak on any item that you care to speak

09:39:36 about?

09:39:37 You want to confess, you can do that, too.

09:39:40 I heard a couple already this morning.

09:39:42 [ Laughter ]

09:39:43 Okay.

09:39:44 We go now to requests for public reconsideration of any

09:39:49 legislative matter that this council passed at the last

09:39:51 meeting.

09:39:53 Anyone that would like council to reconsider any item?

09:39:56 Thank you very much.

09:39:56 We go to the 9:00 staff reports and unfinished business

09:40:01 items 3 through 10.

09:40:04 Number 3 was taken care of.

09:40:06 That will be heard June 5th at the year 2014 at 9:00.

09:40:13 Number 4.

09:40:22 We received that.

09:40:26 Code enforcement procedures.

09:40:28 On foreclosed properties.

09:40:41 It was the legal department unless he got a legal degree the

09:40:44 last couple of days.

09:41:00 >> I understand there's things to be done.

09:41:03 Item number 5 is also the legal department.

09:41:06 >>JULIA MANDELL: City attorney.

09:41:08 I'm here to report on the Jackson house and what progress

09:41:12 has been made in terms of the house and representations made

09:41:18 to council, approximately about a month ago.

09:41:21 Subsequent to that meeting, there have been ongoing

09:41:25 conversations between the property owner and the NAACP.

09:41:32 I have not been part of the conversations bus I have been

09:41:34 made aware that they are ongoing.

09:41:36 In addition members of the NAACP, I think there were staff

09:41:43 meetings with our staff in terms of understanding what the

09:41:46 process would be and where we are.

09:41:49 I don't know if those meetings have happened.

09:41:51 I think they had to be changed a few times.

09:41:53 But from the legal department's standpoint and my

09:41:56 standpoint, at this time there is still an outstanding order

09:41:59 to repair that is on the property.

09:42:05 We are continuing to work with Mr. Robinson and the NAACP

09:42:09 and any other interested parties in this matter, and we will

09:42:12 continue to monitor the status of the structure to ensure

09:42:16 that we go ahead with any continuing safety issues.

09:42:20 It is still in very poor condition, so we are concerned.

09:42:23 We are continuing to monitor the status of the structure as

09:42:28 well.

09:42:28 But as we do in all of these situations, we work with

09:42:32 property owners to make sure that they have the most amount

09:42:34 of opportunities to deal with their structure and move

09:42:38 forward, stabilize the structure or whatever else needs to

09:42:42 be done.

09:42:43 So that's the status as we stand right here.

09:42:45 I am happy to report back at some point in the future, and

09:42:47 if City Council would like to deal with this, and provide

09:42:50 you with written materials on this matter.

09:42:54 >>CHARLIE MIRANDA: Mr. Reddick and Mr. Suarez.

09:42:55 >>FRANK REDDICK: Mr. Chair.

09:42:58 Mrs. Mandell, we had discussions, so I am just going to

09:43:03 suggest that you give us updates in 45 days on any changes,

09:43:13 give us a report in 45 days instead of 30.

09:43:16 >>JULIA MANDELL: And if something occurs prior to that I

09:43:19 will be happy to let council members know with a memo, or

09:43:23 otherwise 45 days would be fine.

09:43:24 Thank you.

09:43:25 >>CHARLIE MIRANDA: Mr. Suarez?

09:43:27 >>MIKE SUAREZ: Mrs. Mandell, is Mr. Robinson still

09:43:31 represented by council?

09:43:32 >> Yes, he is, as far as I'm aware.

09:43:35 >>MIKE SUAREZ: When is the last time he talked or he

09:43:38 reached out to you?

09:43:38 >> It has been a couple of weeks while they were continuing

09:43:41 whatever conversations they were having.

09:43:42 >> And part of the discussion with that counsel is what you

09:43:46 reported to us is what was going on with the building?

09:43:48 >> Yes.

09:43:49 >>MIKE SUAREZ: So there's been no discussion as to

09:43:51 ownership, what's going to happen, any of the other

09:43:53 requirements we need in order to start clearing up the

09:43:55 issues that we have in terms of the Sipes and everything

09:43:59 else that -- fines and everything else that accrued?

09:44:02 >> As of this date, no.

09:44:03 We continue to have the conversations.

09:44:05 >>MIKE SUAREZ: I want to make sure we have not been

09:44:07 privilege I to any discussions in terms of that part of it.

09:44:09 >>JULIA MANDELL: No, we have not.

09:44:12 >>MIKE SUAREZ: Thank you, Mrs. Mandell.

09:44:14 Thank you, chair.

09:44:14 >> Make a motion for June 26th.

09:44:21 >>FRANK REDDICK: Thank you, Mr. Cohen.

09:44:22 You know, I am going to move that Mrs. Mandell report back

09:44:25 to us on June 26th under staff reports.

09:44:31 >>CHARLIE MIRANDA: 9:00.

09:44:32 Motion by Mr. Reddick, seconded by Mrs. Capin.

09:44:35 Further discussion?

09:44:37 >>YVONNE CAPIN: No discussion on that.

09:44:38 I was going to make another motion after.

09:44:40 >>CHARLIE MIRANDA: All in favor of the motion?

09:44:42 Opposed?

09:44:42 The ayes have it unanimously.

09:44:43 Mrs. Capin.

09:44:45 >>YVONNE CAPIN: Yes.

09:44:45 When the cultural assets committee came forth last week, one

09:44:49 of the recommendations on there was the Jackson house

09:44:53 historical marker, and the committee had researched the

09:44:57 county process of taking the historical marker in front of

09:45:01 the Jackson house, you know, whether there or not in the

09:45:04 future is something that still needs to be recognized, and

09:45:09 we would encourage City Council to be -- this was the

09:45:12 report -- to draft a letter of support for the creation and

09:45:15 placement of said marker.

09:45:17 And I would like to make a motion for that to happen.

09:45:22 >>CHARLIE MIRANDA: Motion by Mrs. Capin, a second by Mrs.

09:45:24 Montelione.

09:45:24 Further discussion?

09:45:25 All in favor of the motion? Opposed?

09:45:28 The ayes have it unanimously.

09:45:29 Anything else?

09:45:32 Okay. That's 5.

09:45:40 Item number 6 has been put up top a future date for June

09:45:43 5th.

09:45:44 Item 7.

09:45:44 There's a motion needed for continuation to June 26th.

09:45:50 I have a motion by Mr. Cohen, seconded by Mr. Suarez.

09:45:54 All in favor of that motion please indicate by saying aye.

09:45:57 Opposed nay.

09:45:58 The ayes have it unanimously.

09:46:00 Item number 8 is also a request for continuation for 30

09:46:06 days, which I guess again would be June 26th.

09:46:12 Any discussion?

09:46:13 Or need a motion to move it.

09:46:17 >>FRANK REDDICK: So moved.

09:46:18 >>CHARLIE MIRANDA: Motion by Mr. Reddick on item number 8 to

09:46:21 June 26th at 9 a.m., seconded by Mr. Cohen.

09:46:24 Further discussion by council members?

09:46:25 All in favor of the motion?

09:46:27 Opposed?

09:46:27 The ayes have it unanimously.

09:46:29 Item number 9.

09:46:30 Yes, ma'am.

09:46:30 >>JULIA MANDELL: Mr. Schmid has arrived at council and is

09:46:36 prepared to move forward on item number 4.

09:46:38 >> I was getting nervous.

09:46:40 Thank you.

09:46:41 Item number 9.

09:46:42 >> Kimberley Crum, director of human resources for the city.

09:46:51 I'm here today before you on the contract with United

09:46:54 Healthcare, which covers the cost of United Healthcare's

09:46:59 adjudicating all of our health insurance claims, as well as

09:47:03 taking care of our flexible spending account for our

09:47:07 employees, and provide coverage for any large, super large

09:47:15 claim.

09:47:15 >>FRANK REDDICK: Move the resolution.

09:47:18 >> Any questions by council members on item 9?

09:47:23 Motion by Mr. Reddick, second by Mr. Cohen on 9.

09:47:26 The ayes have it unanimously.

09:47:28 Thank you for appearing.

09:47:29 Item number 10.

09:47:30 >> Anthony Casper, wastewater department, to approve the

09:47:41 contract generated at the wastewater treatment plant.

09:47:47 I'm available for any questions.

09:47:51 >> I have a motion by Mrs. Montelione to move the

09:47:53 resolution.

09:47:53 Seconded by Mr. Reddick on a close vote with Mr. Cohen.

09:47:57 All in favor? Opposed?

09:47:58 The ayes have it unanimously.

09:48:00 Thank you very much for appearing.

09:48:09 We go to committee reports and other items.

09:48:11 Item number 11.

09:48:13 This ordinance -- is this ready for today?

09:48:17 >>JULIA MANDELL: Yes, sir.

09:48:20 What you have in front of you, item number 11, is an

09:48:24 ordinance which would provide the opportunity for the

09:48:27 bicycle shared kiosks to contain advertising in a manner

09:48:33 consistent with the transit shelter ordinance.

09:48:35 I believe I have spoken with all of you about this, and I

09:48:38 have gone ahead and drafted the ordinance in a manner

09:48:41 consistent with our conversations limiting those kiosks to

09:48:46 only certain areas of the city, downtown, Ybor, and a very

09:48:50 limited area within the Hyde Park district on major

09:48:54 roadways, and the roadways are in here as well.

09:48:58 I would ask you to approve this ordinance on first reading

09:49:01 today.

09:49:03 >>CHARLIE MIRANDA: I have a motion by Mrs. Capin, seconded

09:49:05 by Mrs. Montelione.

09:49:07 Am I correct?

09:49:07 All in favor of the motion?

09:49:12 Okay, this is the first reading for consideration.

09:49:15 Anyone care to speak on this?

09:49:16 Thank you very much.

09:49:18 Motion for approval was made by -- we didn't open this

09:49:25 hearing.

09:49:25 >>MARTIN SHELBY: Legislative, doesn't require a public

09:49:29 hearing but does require reading by title.

09:49:32 >>CHARLIE MIRANDA: Mrs. Capin, would you kindly read your

09:49:35 motion number 11.

09:49:37 >>YVONNE CAPIN: An ordinance for first reading

09:49:38 consideration, an ordinance of the city of Tampa, Florida

09:49:40 making revisions to city Tampa code of ordinances 22 streets

09:49:47 and sidewalks, article 1, division 3, subdivision 4, benches

09:49:54 displaying advertising amending chapter 27 zoning and land

09:49:57 development, amending section 27-290 .7 transit shelters,

09:50:02 repealing all ordinances or parts of ordinances in conflict

09:50:06 therewith, providing for severability, providing an

09:50:09 effective date.

09:50:10 >>CHARLIE MIRANDA: I have a motion by Mrs. Capin, second by

09:50:12 Mrs. Montelione.

09:50:13 Further discussion by council members?

09:50:14 All in favor of the motion?

09:50:16 Opposed?

09:50:16 The ayes have it unanimously.

09:50:18 Thank you all very much.

09:50:20 Public Safety Committee chair, Mr. Frank Reddick.

09:50:23 >>FRANK REDDICK: Move item 12.

09:50:29 >>HARRY COHEN: Second.

09:50:31 >>CHARLIE MIRANDA: Further discussion by council members?

09:50:32 All in favor please indicate by saying aye.

09:50:35 Opposed nay.

09:50:35 The ayes have it unanimously.

09:50:37 Parks, Recreation, Culture Committee chair, vice chair, Mrs.

09:50:44 Lisa Montelione.

09:50:45 >>LISA MONTELIONE: Move 13 through 20.

09:50:47 >> Motion by Mrs. Montelione.

09:50:49 I have a second by Mr. Suarez.

09:50:50 Further discussion by council members on those items?

09:50:52 All in favor of the motion?

09:50:55 Opposed?

09:50:55 The ayes have it unanimously.

09:50:59 Public Works Committee chair, Mr. Mike Suarez.

09:51:01 >> I move item 21 through 25.

09:51:05 >> Second.

09:51:06 >> I have a motion by Mr. Suarez.

09:51:08 I have a second by Mr. Reddick.

09:51:09 Further discussion by council members?

09:51:11 All in favor of the motion please indicate by saying aye.

09:51:13 Opposed nay.

09:51:14 The ayes have it unanimously.

09:51:15 Finance Committee chair, Mr. Harry Cohen.

09:51:17 >>HARRY COHEN: Move item number 26.

09:51:20 >> Second.

09:51:21 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen, a second by

09:51:23 Mrs. Montelione on a close vote with Mr. Suarez.

09:51:25 Further discussion by council members?

09:51:27 All in favor of the motion?

09:51:28 Opposed?

09:51:29 The ayes have it unanimously.

09:51:30 Building, Zoning and Preservation Committee chair Mrs. Lisa

09:51:34 Montelione.

09:51:35 >>LISA MONTELIONE: Move items 27 through 32.

09:51:39 >>CHARLIE MIRANDA: Does 28 -- I have a motion by Mrs.

09:51:45 Montelione.

09:51:45 The second, there was about three of them.

09:51:48 I'll give to the Mr. Suarez.

09:51:50 All in favor of that motion for continuation for approval,

09:51:52 please signify by saying aye.

09:51:55 Opposed nay.

09:51:55 The ayes have it unanimously.

09:51:59 Okay.

09:51:59 We go to transportation committee chair Yvonne Yolie Capin.

09:52:06 >>YVONNE CAPIN: Thank you, Mr. Chairman. Before I move

09:52:07 these, I wanted to just say that there's a really good stuff

09:52:11 in here today.

09:52:13 We have the Busch Boulevard pedestrian safety improvement

09:52:20 project, that is number 34.

09:52:22 And I also want to point out number 37 which is X 201496

09:52:28 which is cycle ops for the bike sharing program where the

09:52:35 mayor will execute this provision.

09:52:39 And with that I move item 33 through 38.

09:52:42 >> Second.

09:52:44 >>CHARLIE MIRANDA: Motion by Mrs. Capin.

09:52:45 I have a second by Mr. Suarez.

09:52:46 Further discussion by council members?

09:52:48 All in favor of the motion indicate by saying aye.

09:52:50 Opposed nay.

09:52:51 The ayes have it unanimously.

09:52:52 Need a motion to set public hearings for 39 and 40.

09:52:56 Motion by Mrs. Montelione on 39 and 40.

09:53:00 All in favor of the motion?

09:53:02 Opposed?

09:53:02 The ayes have it unanimously.

09:53:04 Okay.

09:53:07 Let's open 41 through 45.

09:53:18 >> So moved.

09:53:19 >> It sounded like a choir.

09:53:23 Who made the motion?

09:53:26 All right.

09:53:33 I have a motion by Mrs. Capin, a second by Mr. Suarez.

09:53:36 All in favor? Opposed?

09:53:39 The ayes have it unanimously.

09:53:40 Those are open.

09:53:42 We have got to go back and we are going to deal with item

09:53:44 number 4 before we go to that.

09:53:50 To item number 4.

09:53:51 >> Mike Schmid, assistant city attorney here to present on

09:53:59 item number 4.

09:54:02 Prior to today's date, City Council was given a handout with

09:54:07 regards to item number 4.

09:54:12 I believe this was also prepared.

09:54:28 There should also be a Power Point on this.

09:54:31 There we go.

09:54:35 To report back to City Council with regards to the civil

09:54:38 citation process, and items on 8 A through D previously

09:54:46 considered by City Council, here is what we gathered and

09:54:51 presented to City Council.

09:54:53 First we'll start with a reminder of where we really are and

09:54:57 what we are really looking at.

09:54:59 Briefly, I would remind City Council and the public that Mr.

09:55:05 Slater previously presented on this topic, and to remind

09:55:10 everybody, the civil citation about the May 5th, 2014,

09:55:15 there was 22,960 civil warnings issued.

09:55:20 During that same time period, there's 3,572 citations.

09:55:26 Basically, what this equates to is approximately 385% of all

09:55:31 properties that are issued a civil warning comply prior to

09:55:37 them being issued a citation.

09:55:39 The property owner is told, or the bank, that they are given

09:55:46 a period of 21 days to fix the problem.

09:55:49 Typically, we are talking about an inoperative vehicle, tall

09:55:53 grass, undergrowth, overgrowth, something along those lines

09:55:57 than we need would lead to a civil citation being issued.

09:56:01 If the problem isn't remedied within the 21 day notice

09:56:05 period, the inspector goes back out and issues a citation.

09:56:12 And as we said before, approximately 85% of these property

09:56:15 owners do actually respond and remedy the problem before

09:56:18 citation is issued.

09:56:22 What we then tried to do is provide City Council with

09:56:25 analysis it what it looks like when it actually becomes a

09:56:32 civil citation and give you some statistics on the civil

09:56:36 citation.

09:56:36 The easiest way to do that was just to provide a one month

09:56:40 example.

09:56:40 What we have done is taken January 2014 and analyzed it.

09:56:44 There was 128 citations issued.

09:56:48 And this is just the first part of this slide, is dealing

09:56:52 with January 2014, sort of as a macro view, talking about

09:56:59 how many citations in January 2014 were issued.

09:57:02 The second part we'll look at is looking at the docket of

09:57:10 January 2014, all citations that would have been issued

09:57:14 either the month prior, two months prior, and are now

09:57:17 reaching the actual docket.

09:57:19 So in January 2014, 128 citations were issued.

09:57:23 Those related to 87 properties.

09:57:25 Obviously properties get multiple citations.

09:57:29 12 of these properties paid the fine prayer to the court.

09:57:32 That was approximately 20%.

09:57:35 21 of these properties were listed on the foreclosure

09:57:38 registry which is approximately 24%.

09:57:41 Three of these properties were in the foreclosure process

09:57:44 but were not listed on the foreclosure registry, which is

09:57:48 approximately 3.4%.

09:57:53 Once it reaches to the docket, I respond.

09:57:57 Typically we do this in division and we'll have a hearing,

09:58:06 if the property owner appears and wants a hearing.

09:58:09 I can tell you what typically happens is the person comes

09:58:12 forward.

09:58:15 The judge inquires of them whether or not they want a

09:58:18 hearing.

09:58:18 If they want a hearing, what typically happens is the

09:58:25 property owner comes up and has reasons for why the

09:58:29 situation wasn't remedied, or why they are there today.

09:58:35 And being present for approximately the last year, I have

09:58:40 gotten to hear and understand what the people who are

09:58:45 appearing in court have to say.

09:58:47 We have taken what they have said and gone with a go-forward

09:58:52 plan, which involves us sitting down numerous times with

09:58:57 neighborhood enhancement and trying to develop a plan that

09:59:02 would address the issues we are continuing to see in the

09:59:06 civil citation process when people come forward.

09:59:08 And I can explain that a little bit more at the very end.

09:59:11 But the docket was, January 2014, was 121 citations relating

09:59:18 to 91 properties.

09:59:19 22 of these properties were on the foreclosure registry

09:59:23 which is 24%.

09:59:25 Seven of these properties were in the foreclosure process

09:59:27 and not on the foreclosure registry, which is approximately

09:59:30 8%.

09:59:31 13 of the civil citations were issued to financial

09:59:33 institutions.

09:59:35 11%.

09:59:36 24 properties had someone appear in court which is 26%.

09:59:41 61 of the properties had no one appear, and a default order

09:59:44 was entered.

09:59:45 67%.

09:59:46 Six properties were not heard for various reasons.

09:59:50 >>LISA MONTELIONE: Mr. Schmid?

09:59:55 We are only looking at one month, January 2014, so I have to

09:59:58 ask, is this representative of the other eleven months of

10:00:03 the year?

10:00:07 In your experience in doing this now for over a year in

10:00:10 court, does this seem like it's pretty typical, or are the

10:00:16 numbers way different because one thank you struck me,

10:00:20 anecdotally, we were all anecdotally under the impression

10:00:26 that a lot of the problem that we have with the people who

10:00:28 are not appearing in court was the banks, and that when a

10:00:33 property is foreclosed, then a downward spiral starts to

10:00:39 happen with that property.

10:00:41 But from these numbers, there's only seven of the properties

10:00:49 that were not on the foreclosure registry.

10:00:55 22 of the 91 were on the foreclosure registry.

10:01:01 But 61 properties had no one appear.

10:01:05 So it doesn't seem to me that the banks are really the

10:01:10 problem that we thought they were.

10:01:12 >> I think to answer that, this is pretty consistent with

10:01:21 what we are seeing.

10:01:22 We usually have about this many citations come into court,

10:01:27 and it usually takes anywhere from two to three hours to

10:01:31 handle the cases that are present.

10:01:35 Typically, the individuals resolve their case in front of

10:01:39 the judge without a hearing.

10:01:40 And typically it is not a high percentage that are being

10:01:46 issued to the banks, and we believe that is because the

10:01:50 banks when they are on the foreclosure registry do in fact

10:01:54 respond to notices.

10:01:58 We have identified some issues that I can talk about that we

10:02:02 think will improve this overall process and make these

10:02:04 numbers better.

10:02:06 >>LISA MONTELIONE: It just struck me if it's not the banks

10:02:09 who aren't showing up in court, and 67%, can you

10:02:19 characterize who is not showing up?

10:02:21 Because apparently it's not the banks.

10:02:22 They are showing up.

10:02:24 Or fixing the problem before it gets to this.

10:02:26 >> Michael Schmid: When we say banks, it's not always

10:02:35 banks.

10:02:35 Sometimes it's a mortgage lender, possibly a homeowners

10:02:38 association.

10:02:39 But I know I typically lump it all into a bank.

10:02:49 But what we have identified is most of the citations seem to

10:02:52 be issued to what we believe are either vacant properties,

10:02:57 or properties that the homeowners no longer occupy but maybe

10:03:04 somebody else occupies.

10:03:05 I can tell you last week, we had a situation where an

10:03:09 individual came forward, as an example, and said, I haven't

10:03:13 lived there for, you know, eight months.

10:03:16 And he brought his title transfer.

10:03:21 And in fact title had been transferred eight months ago to a

10:03:24 bank, who then quitclaimed deed it to an LLC out of

10:03:29 Pinellas.

10:03:29 We are now going to go back and look into the LLC and citing

10:03:34 the LLC out of Pinellas, because they are the ones who have

10:03:37 the legal title to it at the time the citations were issued.

10:03:41 The problem, the reason we didn't catch that is because we

10:03:46 rely on a system where it is based on the property tax

10:03:51 records along with the foreclosure registry.

10:03:57 But if that property doesn't enter the foreclosure registry,

10:04:03 the code inspectors may not catch the fact that there's

10:04:06 property actually had its title transferred.

10:04:10 So what we are doing now is when a code inspector responds

10:04:13 to a property, and notices that this property is either

10:04:16 vacant or it doesn't appear to be owner occupied, or there's

10:04:21 something suspicious, they are going to call back, and we

10:04:24 are going to have a designated person search the be court

10:04:29 records, look for lis pendens, look for title transfers,

10:04:33 quitclaim deeds, somebody that has been doing this for a

10:04:36 while and knows exactly what to look for.

10:04:38 Hopefully, they will identify the fact that this property is

10:04:45 in a situation that it's not on the foreclosure registry but

10:04:50 we need to cite somebody else.

10:04:52 >>LISA MONTELIONE: So then the problem of people, or

10:04:57 property owners not appearing in court, may still the

10:05:02 financial institution?

10:05:03 >> I believe it is in part.

10:05:05 I believe it's in part --

10:05:06 >> Because it's throwing me off a little bit because we were

10:05:09 all expecting the numbers to say something else.

10:05:11 But I see what you are saying.

10:05:12 >> I think it's a combination of financial institutions, not

10:05:19 on the foreclosure registry.

10:05:22 Maybe they haven't even filed a lis pendens yet but the

10:05:25 person walked away from the property.

10:05:27 I think what we are really seeing is homeowners who are

10:05:31 present, usually respond.

10:05:35 When we get to court, the people who are there often are

10:05:38 people who say, I have walked a wait a minute I walked away

10:05:42 from this property.

10:05:42 I have no idea why I am being brought in, and we have to go

10:05:45 through this long thing explaining to them that they are

10:05:51 still responsible for that property even though they walked

10:05:53 away from it.

10:05:54 And it seems to me that is the majority of people who do

10:05:58 respond.

10:05:58 And a lot of times, they only are there because the court

10:06:04 system by U.S. mail notices the court hearings.

10:06:07 A lot of people go, Judge I have no idea why I am here, and

10:06:11 I got this notice from the clerk telling me to be here so

10:06:13 I'm here.

10:06:14 And that's because they walked away from the property.

10:06:17 We are required by our ordinance to send it by certified

10:06:23 mail, return receipt, so if the person doesn't sign it, they

10:06:27 don't get it.

10:06:28 So I will look in the file at that point.

10:06:30 Sure enough we sent it.

10:06:32 We tried to reach them.

10:06:33 We sent to the their address according to the last known tax

10:06:36 record.

10:06:36 And it came back unsigned, undeliverable.

10:06:39 So they didn't get our notes.

10:06:41 And they walked away from the property.

10:06:43 So we posted it and they didn't see the posting either

10:06:46 because the property is vacant and they walked away.

10:06:48 And so that's another issue we have identified, is they

10:06:51 aren't getting our notices.

10:06:53 So we need to improve our way of noticing them.

10:06:58 We tried making best efforts to get them noticed.

10:07:01 So one of the recommendations is legal wants to look and see

10:07:05 if there is a way we can actually switch to just regular

10:07:08 first-class mail rather than return receipt because the

10:07:13 problem is when you walked away from a property, you aren't

10:07:17 going to sign anything if it comes to you.

10:07:19 But when the clerk is mailing something, you have to open

10:07:21 that one.

10:07:22 >>LISA MONTELIONE: Okay, thank you.

10:07:25 >>CHARLIE MIRANDA: Thank you.

10:07:25 >> The next slide deals with the foreclosure statistics.

10:07:41 The numbers provided last time were that 16,000,

10:07:46 approximately, cases in real property mortgage foreclosures

10:07:50 for the 13th judicial circuit as of February 2014.

10:07:54 We obtained this from the office of state courts,

10:07:57 administrator, research, division.

10:08:01 There were 9,878 properties in Tampa that are in some stage

10:08:07 of foreclosure process.

10:08:08 This is by realty track.

10:08:15 And we would note that that number is based on what realty

10:08:21 track defines Tampa as, which is actually by zip code, which

10:08:25 is larger than the actual city limit of Tampa.

10:08:33 There are 63,929 properties that have appeared on the

10:08:35 foreclosure registry as of February 28, 2014.

10:08:42 That's the tax data.

10:08:49 Bank foreclosure cases opened in 2013 and 14.

10:08:53 There was 1573 new bank foreclosure cases open in 2013-14.

10:08:59 Foreclosure cases, we had 85 in 2013, 55 so far in 2014.

10:09:08 What that equates to is 140 institutions that were on the

10:09:16 foreclosure registry that have been cited, which equate to

10:09:19 about 8.9%.

10:09:31 The registry went into effect May 5th, 2014, there have

10:09:34 been 9,000 registered cases that were opened and complied.

10:09:38 During the same time period, 1604 subsequent civil warnings

10:09:43 were written against these 9,174 properties.

10:09:48 435 civil citations were written against these 1,604 civil

10:09:55 warnings.

10:09:56 That equates to roughly 17% of the foreclosure registered

10:09:59 properties that were issued civil warnings for violation.

10:10:05 During the same time period 435 of these civil warnings were

10:10:08 issued a civil citation, which equates to 27%.

10:10:14 Basically what that means is only 27% of the foreclosure

10:10:17 registered properties that were issued a civil warning were

10:10:20 also issued a civil citation for failure to comply.

10:10:26 Now to -- I was addressing the part earlier, a go-forward

10:10:35 plan.

10:10:35 In meeting with neighborhood management services, and seeing

10:10:39 over the last year what we typically get in the civil

10:10:44 citation process and where we can make some improvement,

10:10:47 these are the ideas that are currently in process.

10:10:51 One is checking the final actions to the clerk of the court

10:10:57 at the time and notice of violation.

10:10:59 And as I discussed we now have a designated person back in

10:11:03 the neighborhood enhanced services, who can do a thorough

10:11:07 check with the clerk of the court.

10:11:09 We are going to be doing this as notice process so our

10:11:12 notices are sent to the right person.

10:11:14 Possibly the reason people don't appear in court is because

10:11:18 they may never have gotten the notice.

10:11:20 And while we have made our best efforts to do that, we are

10:11:24 going to try to make even better.

10:11:28 So if we can identify who will respond to the notice, we

10:11:32 will increase our numbers.

10:11:37 Another thing we are going to do -- well, we have already

10:11:40 talked about that.

10:11:41 We are going to expand the seven for property owners most

10:11:44 recent addresses.

10:11:46 Part of what we have noticed in collections, when these

10:11:51 cases go to collections through the clerk of the court,

10:11:54 which is something that I believe was implemented in

10:11:57 February of 2014, they are now using a collections process

10:12:01 which includes our civil citations. and I can tell you that

10:12:07 the City of Tampa has started getting back additional

10:12:12 revenues because of the collection process being used by the

10:12:14 clerk of the court.

10:12:16 In speaking with the collections department, it was

10:12:21 identified that they are actually able to do an additional

10:12:26 search for an individual address and try to find the last

10:12:30 known address that may be different than the property tax

10:12:33 records.

10:12:33 So something else we are going to try to do early on in the

10:12:36 process is do an additional search for where that person may

10:12:39 have moved.

10:12:40 When we identify a vacant property, the person has left the

10:12:44 property, we might do an additional search to try to see if

10:12:49 maybe that person now has another address somewhere that we

10:12:51 can send notice to.

10:12:55 We have already mentioned that we are going to consider

10:12:57 whether or not we can switch our mailings to first class

10:12:59 mail.

10:13:01 We intend on meeting with the clerk of the court and discuss

10:13:03 the payment process.

10:13:06 They currently send us a monthly report.

10:13:09 And we are going to continue to work with them to make sure

10:13:11 we get these monthly reports and collect on the payments

10:13:16 that we are receiving.

10:13:18 >>CHARLIE MIRANDA: Mrs. Montelione.

10:13:19 >>LISA MONTELIONE: Thank you.

10:13:21 And I didn't thank you before, Mr. Schmid, for putting this

10:13:24 presentation together, because having a prosecutor do a

10:13:27 Power Point presentation is a rare occurrence.

10:13:30 So thank you for that.

10:13:32 And it's been very helpful.

10:13:38 The question, two questions.

10:13:40 One is that, can we require -- this is, I'm sure, going to

10:13:45 take some research and possibly come back to us, or just let

10:13:48 me know.

10:13:50 Can we require a preregistration on our foreclosure registry

10:13:56 so that when a lis pendens is filed with the clerk, and now

10:14:02 the motion has begun for a foreclosure?

10:14:07 I know a lot of times, they are delayed, or they are

10:14:09 resolved, our something.

10:14:11 So not every lis pendens results in a foreclosure of the

10:14:16 property.

10:14:17 And we don't require the foreclosure registration until

10:14:24 after the property has been foreclosed on and the financial

10:14:28 institution has the title, and Mr. Mueller is back there

10:14:32 saying no.

10:14:33 >> I can explain that a little bit more.

10:14:36 Actually, that's part of the issue for identifying, is the

10:14:44 list -- the institution that filed it as opposed to the

10:14:49 institution filing with the foreclosure registry.

10:14:52 >> So that is happening at the lis pendens stage.

10:14:54 >> Sometimes I presume because it might be the mortgage

10:15:01 company filing the lis pendens.

10:15:04 >>LISA MONTELIONE: I was understood the impression that we

10:15:07 had to wait until the financial institution had title to the

10:15:10 property before we could hold them accountable in some

10:15:12 fashion.

10:15:12 >> And part of what we are seeing, there is a delay between

10:15:16 the lis pendens and maybe sometimes the foreclosure

10:15:19 registry.

10:15:21 When we identify a property that has a lis pendens, and we

10:15:25 are now sending out notice which typically would have been

10:15:28 notice to the last property owner on the property records,

10:15:33 and we wouldn't have known about the lis pendens because

10:15:36 that's an additional search, we are going to conduct that

10:15:40 additional search and if we identify a financial institution

10:15:43 has filed a lis pendens we are going to be sending notice to

10:15:46 them too saying you need to get on the foreclosure registry.

10:15:49 This is notice that you should be on the foreclosure

10:15:51 registry.

10:15:52 Hopefully that will bring them to register the property, and

10:15:56 then start maintaining the property.

10:15:59 So we are thinking that actually will help solve some of the

10:16:04 issues.

10:16:09 And the property, in order to be required to be put on the

10:16:11 foreclosure registry, the property has to be vacant.

10:16:14 So only vacant properties are required to be placed on the

10:16:17 foreclosure registry.

10:16:18 >>LISA MONTELIONE: Okay, that's a twist.

10:16:23 All right, thank you.

10:16:24 >>HARRY COHEN: Councilman Suarez.

10:16:26 >>MIKE SUAREZ: Thank you, chair.

10:16:29 Mr. Schmid, thank you for the presentation.

10:16:32 It really does qualify all the numbers that we saw last

10:16:37 time, when you get a jumble of numbers not knowing where

10:16:39 they come from or what they mean, I think your presentation

10:16:42 is excellent in terms of showing us what those mean and what

10:16:45 we can probably do to find out out what the bottleneck is,

10:16:48 if there is any, and how we can improve our process.

10:16:51 I appreciate the fact that on some of the numbers that you

10:16:54 have here, as Councilman Montelione mentioned, it's not

10:16:58 always the banks.

10:17:00 Sometimes it is just the circumstances where they are at in

10:17:04 the process.

10:17:04 And secondly, that we are getting a fairly good percentage

10:17:10 of people out of from the civil citation -- excuse me, the

10:17:15 civil warning to the civil citation process and they are

10:17:19 actually going forward.

10:17:20 I think the next challenge, and the challenge that we have

10:17:23 as a city, those folks that have gotten citations that are

10:17:26 continually not paying up is our next step.

10:17:30 And I won't ask you any questions about that.

10:17:32 But I think that's something that yourself and Jake Slater

10:17:36 and all the rest of the team in code enforcement -- because

10:17:41 there's a lot of work that needs to be done, a lot of things

10:17:44 going forward to make sure that -- so I appreciate this

10:17:49 great presentation and appreciate you explaining some of the

10:17:51 numbers that we had last time.

10:17:53 >>HARRY COHEN: Councilwoman Capin.

10:17:57 >>YVONNE CAPIN: Likewise, if I recall correctly, I had

10:18:00 noticed my colleagues, and I was in there, and then I

10:18:03 thought, okay, I am never going to keep up with them.

10:18:05 But I will tell you a presentation was excellent the first

10:18:08 time, but it's CI crystal clear this time.

10:18:12 So thank you very much.

10:18:13 >>HARRY COHEN: Anything else?

10:18:18 >> That's it.

10:18:18 Thank you for your time and neighborhood services, so I

10:18:21 don't look like I am getting accolade.

10:18:25 Neighborhood services put a tremendous amount of work into

10:18:29 it.

10:18:29 >>HARRY COHEN: We are going to move onto the public

10:18:31 hearings that we already opened but we have not sworn in the

10:18:34 witnesses.

10:18:35 So anyone who is going to be speaking on any matter that

10:18:42 will be coming before us today, even if you think you might

10:18:45 be speaking, please be sworn in now.

10:18:47 (Oath administered by Clerk)

10:18:49 Cohen we are on item number 41.

10:18:57 >>ABBYE FEELEY: Land Development Coordination.

10:19:01 Item number 41 requires a certified site plan.

10:19:04 That plan has been certified and provided to the clerk.

10:19:07 I have extra copies of that.

10:19:09 And I'm available for any questions.

10:19:10 >>HARRY COHEN: Thank you very much.

10:19:22 Is the petitioner here on this item?

10:19:24 >> If you have any questions.

10:19:30 >>HARRY COHEN: I don't see any at this time.

10:19:32 Is there anyone from the public that would like to speak on

10:19:34 item number 41?

10:19:36 >>FRANK REDDICK: Move to close.

10:19:41 >>HARRY COHEN: We have a motion to close from Councilman

10:19:43 Reddick, seconded by Councilwoman Capin.

10:19:45 All those in favor pleas indicate by saying aye.

10:19:52 Okay, this is second reading.

10:19:53 So it will require reading of the ordinance.

10:19:56 Councilman Suarez, would you please take this?

10:19:59 And then we'll vote and record.

10:20:00 >>MIKE SUAREZ: I present an ordinance for second reading

10:20:03 and adoption, an ordinance rezoning property in the general

10:20:06 vicinity of be 5116 North Armenia Avenue and 2504 and 2504½

10:20:16 west crest Avenue in the City of Tampa and more particularly

10:20:18 described in section 1 from zoning district classification

10:20:21 RS-50 residential single-family and CG commercial general to

10:20:25 PD, planned development, office, business professional,

10:20:29 providing an effective date.

10:20:29 >>FRANK REDDICK: Second.

10:20:32 >>HARRY COHEN: We have a motion from Councilman Suarez,

10:20:34 seconded by Councilman Reddick.

10:20:36 Please vote and record.

10:21:11 >>YVONNE CAPIN: It's not showing up on hers.

10:21:13 Everybody else knows.

10:21:14 >>THE CLERK: (off microphone).

10:21:39 >>CHARLIE MIRANDA: Okay.

10:21:39 We go to item number 42.

10:21:51 Item 42.

10:21:52 Is petitioner here?

10:21:53 >>REBECCA KERT: Legal department.

10:22:00 Item 42 is the scrivener's error, merely a correction of an

10:22:04 error in the legal description but I was told by staff the

10:22:06 correct information was provided at the public hearing.

10:22:09 >>CHARLIE MIRANDA: Does anyone in the audience care to speak

10:22:11 to item 42?

10:22:13 AB-2-14-07?

10:22:15 Please come forward.

10:22:16 >>FRANK REDDICK: Move to close.

10:22:17 >> Second.

10:22:18 >>CHARLIE MIRANDA: Motion to close by Mr. Reddick.

10:22:20 Second by Mr. Cohen on 42 to close.

10:22:22 All in favor of the motion?

10:22:24 Opposed?

10:22:25 The ayes have it unanimously.

10:22:31 Mrs. Capin, item 42.

10:22:35 >>YVONNE CAPIN: Ordinance being presented for second reading

10:22:36 and adoption, an ordinance amending ordinance number 2014-20

10:22:42 passed and ordained by the City Council of the City of Tampa

10:22:45 on March 6, 2014, which approved a special use permit for a

10:22:49 small venue with package sales, off premise consumption only

10:22:55 located at 1209 South Howard Avenue, correcting a

10:22:58 scrivener's error by substituting a revised exhibit A for

10:23:04 the exhibit A that was supplied in error, providing for

10:23:08 severability, providing an effective date.

10:23:12 >>CHARLIE MIRANDA: Motion by Mrs. Capin on second reading

10:23:14 and approval, second by Mr. Suarez.

10:23:16 This is a roll call vote.

10:23:22 Vote and record.

10:23:29 >>CHARLIE MIRANDA: It's 42.

10:23:42 >>YVONNE CAPIN: We are on 42.

10:23:43 No, 41.

10:23:45 >>CHARLIE MIRANDA: No, this is 42.

10:23:48 >> I just was noticing --

10:23:50 >>CHARLIE MIRANDA: You are right.

10:23:50 It's 42.

10:23:51 It shows 41 on the screen.

10:23:53 That was the last one approved by a 4-0 p vote with

10:23:57 Montelione, Miranda and Mulhern.

10:24:00 The three Ms missing.

10:24:04 Whatever we have to do, we have to vote on 42.

10:24:37 >>CHARLIE MIRANDA: I call for a voice vote -- so we can

10:24:47 continue.

10:24:47 >> Move for a voice vote.

10:24:49 >> One second.

10:24:50 Now we have 42.

10:24:53 Let me read this again.

10:24:58 I have a motion by Mrs. Capin.

10:25:04 I have a second by Mr. Suarez, I believe on 42.

10:25:07 It's the second reading.

10:25:10 Vote and record for approval.

10:25:11 >>THE CLERK: Mr. Chair, the motion carried unanimously with

10:25:27 City Council member Mulhern absent at vote.

10:25:30 >>CHARLIE MIRANDA: Thank you very much.

10:25:31 Item number 43.

10:25:42 >>GLORIA MOREDA: This is for second reading and the site

10:25:44 plans have been given to the city clerk's office.

10:25:47 >>CHARLIE MIRANDA: Thank you very much.

10:25:48 Petitioner?

10:25:49 >> Grace Yang, Robinson law firm, 401 East Jackson Street,

10:26:01 Tampa.

10:26:01 I have been sworn.

10:26:02 Representing the petitioner again.

10:26:05 As council members may remember, the petitioner agreed to

10:26:10 delay second reading until today in order to have another

10:26:12 opportunity to meet with the Beach Park homeowners

10:26:15 association to address any additional questions and concerns

10:26:18 that they may have.

10:26:20 I'm here this morning to let you know that I did meet with

10:26:22 the Beach Park homeowners association and members in

10:26:26 attendance two nights ago to try to answer their questions

10:26:30 and to make another presentation to the greater membership

10:26:33 to explain the nature of the request for the alcohol use at

10:26:37 the AMC movie theaters at Westshore plaza.

10:26:42 AMC knows that it's a privilege to be able to sell alcohol,

10:26:46 it's a privilege granted by the city, and by the state.

10:26:50 We are very respectful of that privilege.

10:26:53 And we think that you will see that again the past evidence

10:26:57 and data that I presented to you, AMC takes the

10:27:01 responsibility to be an alcohol vendor very seriously.

10:27:05 The request again is consistent with your city code

10:27:09 criteria, and we respectfully request your approval on the

10:27:12 second reading.

10:27:13 I'm happy to answer any additional questions you may have.

10:27:17 >>CHARLIE MIRANDA: Any questions at this time?

10:27:19 Yes, ma'am?

10:27:20 >>LISA MONTELIONE: Mrs. Yang, was there any consensus of

10:27:23 the members of the Beach Park civic association when you met

10:27:27 with them?

10:27:29 >> Two nights ago when I met with them, I gave the

10:27:33 presentation again.

10:27:34 I tried to go through the slide show, the Power Point that

10:27:38 we did at first reading for those members who did not have

10:27:41 an opportunity to see the Power Point.

10:27:42 I addressed their concerns.

10:27:45 I am not aware if they came to any final membership vote on

10:27:50 an official position because they had excused me from the

10:27:55 discussion after I made my presentation.

10:27:57 And I believe there was follow-up discussion among the

10:28:00 members but I am not aware of any final position that they

10:28:04 took.

10:28:04 >>LISA MONTELIONE: Thank you.

10:28:06 >>CHARLIE MIRANDA: Anyone in the audience care to speak

10:28:08 before council on item number 43, AB-2-14-11?

10:28:15 Please come forward.

10:28:15 >>> I appreciate City Council hearing my concerns.

10:28:40 My name is Edwin Solomon, 55 year resident of Tampa and a

10:28:45 granddaddy of a whole bunch of kid and grandchildren.

10:28:49 My thanks to the council.

10:28:50 I appreciate your hospital hospitality to hear my concerns

10:28:54 about the proliferation of alcohol and the ease of access

10:28:59 right here in river city.

10:29:01 The problem here, though,

10:29:07 AMC theater is hurting and is looking for a bailout and

10:29:11 special treatment from City Council.

10:29:16 Friend tell me that council is pro business.

10:29:19 Aren't we all?

10:29:19 But I can't believe that you would trade off quality of life

10:29:24 to bailout any business where demand is shrinking.

10:29:30 The value of alcohol sales, and now outlets like theaters,

10:29:37 barbershops, tanning salons, beauty shops, Starbuck's, maybe

10:29:43 even Dunkin' Donuts.

10:29:52 Increases sales, increases availability of booze, has

10:29:56 long-term consequences for the health, safety and welfare of

10:29:59 the community.

10:30:02 We have already -- we already lead the state rankings first

10:30:07 and second place in alcohol related fatalities, injuries and

10:30:11 crashes, number one and two in the State of Florida for

10:30:15 fatalities, injuries and crashes.

10:30:19 Alcohol related.

10:30:21 Increasing alcohol consumption means increasing more pain,

10:30:25 loss and trust.

10:30:27 This expansion is not cost effective.

10:30:32 To measure the activity level at our two dozen agencies

10:30:37 trying to treat addictions and abuses, and trying to do that

10:30:43 with minimal resources.

10:30:45 We are talking right to life.

10:30:50 Most critical in the special use is the failure of AMC to

10:30:54 use criteria set out in sections 24-269.

10:31:00 These are the criteria.

10:31:02 Paragraph 1.

10:31:08 Says use will ensure the public health, safety and general

10:31:12 welfare.

10:31:20 Alcohol is a toxin, a poison, it kills brain cells, it's

10:31:25 implicated in inducing breast cancer, and refuted in the

10:31:31 recent research report along with chocolate.

10:31:33 And it has caused obesity, defines, tenacity, to endanger

10:31:42 the family and responders.

10:31:47 We are talking right to life.

10:31:49 More over, the contents of booze to exchange in a dark

10:31:57 theater.

10:31:58 I hope you make the right judgment and protect our right to

10:32:01 life, our quality of life.

10:32:03 Thank you so much.

10:32:05 >>CHARLIE MIRANDA: Thank you very much, Mr. Solomon.

10:32:06 Anyone else in the audience care to speak on item number 43?

10:32:10 I see no one.

10:32:13 You want to speak?

10:32:14 Petitioner?

10:32:16 You are welcome to come up.

10:32:17 >> Thank you.

10:32:21 I just wanted a quick rebuttal for you all.

10:32:25 I heard Mr. Solomon's comments.

10:32:27 It sound like Mr. Solomon is opposed to alcohol in general.

10:32:33 >>CHARLIE MIRANDA: He never said he was supposed to it so I

10:32:36 am going to rule that out of order.

10:32:37 >> All right.

10:32:38 I just wanted to say again to please consider the data that

10:32:40 we have presented to you, and please consider the criteria

10:32:45 in our code.

10:32:47 It's our position that we have met your code criteria and

10:32:50 that there is no substantial evidence to the contrary.

10:32:52 Thank you.

10:32:53 >>CHARLIE MIRANDA: Thank you very much.

10:32:54 Okay.

10:32:55 I had a motion to close, I believe, by Mr. Reddick, second

10:32:59 by Mr. Suarez.

10:33:00 Further discussion by council members?

10:33:01 All in favor of the motion?

10:33:02 Opposed?

10:33:03 The ayes have it unanimously.

10:33:04 Mr. Reddick, would you kind lip-read this ordinance and see

10:33:07 what happens?

10:33:08 >>FRANK REDDICK: Yes, Mr. Chair.

10:33:11 Move an ordinance being presented for second reading and

10:33:14 adoption, an ordinance approving a special use S-2 for

10:33:17 alcoholic beverage sales, large venue, consumption on

10:33:21 premises only and making lawful the sale of beverages

10:33:24 regarding alcohol content, beer wine and liquor, on that

10:33:27 certain, lot plot or tract of land located at 253 North

10:33:31 Westshore Boulevard space number C 51 Tampa, Florida as more

10:33:37 particularly described in section 2 that all ordinances or

10:33:39 parts of ordinances in conflict are repealed, providing an

10:33:41 effective date.

10:33:44 >>CHARLIE MIRANDA: Motion by Mr. Reddick.

10:33:45 I have a second by Mr. Suarez.

10:33:47 Further discussion by council members?

10:33:49 It's a roll call vote.

10:33:50 Vote and record.

10:33:55 >> Mr. Chair, the measure carried unanimously with council

10:34:08 member Mulhern absent at vote.

10:34:11 >>CHARLIE MIRANDA: Thank you very much.

10:34:12 Item number 44.

10:34:13 >>ABBYE FEELEY: Land Development Coordination.

10:34:17 Item number 44 and 45 are both rezonings that required

10:34:22 certified site plans.

10:34:24 Those have been certified.

10:34:25 I have copies available if you would like to review them and

10:34:28 they have been provided to the clerk.

10:34:31 >>CHARLIE MIRANDA: Thank you very much.

10:34:31 Is petitioner here?

10:34:32 >> Good morning, Mr. Chairman, members of council, Kathleen

10:34:35 O'Dowd with the law firm of Shoemaker and Hendrick here on

10:34:39 item number 44.

10:34:40 Full recall this was continued for a month to allow --

10:34:44 second reading was continued for a month to allow my client

10:34:48 to meet with East Tampa partnership to present the rezoning

10:34:52 petition to them.

10:34:52 We did so on Tuesday, May 13th, and we received

10:34:56 unanimous approval.

10:34:56 I'm available to answer any questions.

10:34:59 >>CHARLIE MIRANDA: Any questions by council members at this

10:35:00 time?

10:35:00 Anyone in the audience care to speak on item number 44,

10:35:04 REZ-14-08?

10:35:07 One more time.

10:35:08 Item 44.

10:35:10 Need a motion to close.

10:35:11 Motion made by Mr. Suarez.

10:35:13 Second by Mr. Cohen.

10:35:14 All in favor of the motion to close?

10:35:16 Opposed?

10:35:17 The ayes have it unanimously.

10:35:18 Mr. Cohen, would you kindly read the ordinance, please?

10:35:20 >> I move an ordinance being presented for second reading

10:35:25 and adoption, an ordinance rezoning property in the general

10:35:29 vicinity of 310 east Hillsborough Avenue and 5502 north 32nd

10:35:35 street in the city of Tampa, Florida, and more particularly

10:35:38 described in section 1 from zoning district classification

10:35:42 CI, commercial intensive, and RS-50, residential

10:35:46 single-family, to PD planned development retail restaurant

10:35:50 and all CI uses providing an effective date.

10:35:53 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen.

10:35:54 I have a second by Mrs. Montelione.

10:35:56 Further discussion by council members?

10:35:58 Roll call vote.

10:35:59 Vote and record.

10:36:00 For passage on second reading.

10:36:02 Item number 44.

10:36:08 >> Mr. Chair, the motion carried unanimously with council

10:36:12 member Mulhern absent at vote.

10:36:18 >>CHARLIE MIRANDA: Thank you very much.

10:36:18 Item number 45.

10:36:21 Is petitioner here?

10:36:22 >> David Teaks, and I have been sworn, representing the

10:36:30 petitioner.

10:36:31 And we respectfully request your approval of this rezoning.

10:36:35 >>CHARLIE MIRANDA: Thank you very much.

10:36:36 Any questions by council members at this time?

10:36:38 Anyone in the audience care to speak on item number 45,

10:36:42 Z-13-82?

10:36:43 45.

10:36:44 I see no one.

10:36:45 Need a motion to close.

10:36:47 I have a motion to close by five.

10:36:50 I have a second -- mass by Mr. Reddick.

10:36:53 Second by Mrs. Capin on a close vote with Mr. Suarez, and

10:36:59 Mrs. Montelione and Mr. Cohen.

10:37:02 Mrs. Montelione, would you kindly read number 45, please?

10:37:08 >>LISA MONTELIONE: Move an ordinance for second reading and

10:37:10 adoption, rezoning property in the general vicinity of 2004

10:37:14 North Howard Avenue, 2301, 2307 West Spruce Street in the

10:37:22 city of Tampa, Florida and more particularly described in

10:37:24 section 1 from zoning district classification p commercial

10:37:27 intensive and PD planned development, residential

10:37:30 single-family detached, to PD planned development,

10:37:32 storefront residential, retail office, providing an

10:37:34 effective date.

10:37:35 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione,

10:37:37 seconded by Mr. Reddick.

10:37:42 Roll call vote of the vote and record.

10:37:43 >>THE CLERK: Mr. Chair, the measure was carried unanimously

10:37:54 with council member Mulhern absent at vote.

10:37:59 >>CHARLIE MIRANDA: Okay, need to open items 46 through 54.

10:38:04 I have a motion by Mrs. Montelione.

10:38:05 Seconded by Mr. Cohen to open.

10:38:07 All in favor?

10:38:09 Opposed?

10:38:10 The ayes have it unanimously.

10:38:12 46 through 54 are now open.

10:38:14 Anyone who is going to speak on items 46 through 54, please

10:38:20 rise and be sworn in.

10:38:25 Or have any intentions of speaking.

10:38:26 (Oath administered by Clerk).

10:38:36 >>CHARLIE MIRANDA: Well, by the size of the audience, there

10:38:37 goes lunch.

10:38:39 Item 46.

10:38:41 >>GLORIA MOREDA: Land development.

10:38:42 This is item AB-2-14-20.

10:38:47 It is property that's zoned EBA, 2223 Westshore Boulevard

10:39:01 unit B-227 within the International Plaza mall.

10:39:04 The request is for a small venue, beer, wine, liquor on

10:39:09 premises consumption only.

10:39:10 The square footage proposed for inside, 2,197 square feet

10:39:17 outside area would be 1,100 square feet for a total of 3297

10:39:23 square feet.

10:39:24 International Plaza has over 6,000 parking spaces.

10:39:29 The site plan indicates that hours of operation will be

10:39:32 consistent with chapter 14.

10:39:34 No requests are -- no waivers are requested of this

10:39:39 petition.

10:39:40 This property is part of the Westshore business district.

10:39:47 The space right now is vacant.

10:39:52 Occupant load of 134.

10:39:54 I have a photograph showing the mall and the location.

10:40:06 (off microphone)

10:40:14 I will get a different aerial of that location.

10:40:18 And this is showing the location of the property where the

10:40:26 request came in.

10:40:27 Staff has no objection to the petition.

10:40:30 >>CHARLIE MIRANDA: Thank you very much.

10:40:31 Petitioner?

10:40:31 >> Anne Pollack, law firm at 501 East Kennedy Boulevard.

10:40:41 I don't really have a whole lot more to add from what Mrs.

10:40:45 Moreda said.

10:40:46 This is in a spot that I have come to several times trying

10:40:51 to find the right tenant.

10:40:52 I think at one time it was to be a cigar bar.

10:40:55 So we are -- this restaurant moving forward should be an

10:40:59 improvement.

10:41:01 So we would ask for your support of this.

10:41:04 Thank you.

10:41:06 >>CHARLIE MIRANDA: Thank you very much.

10:41:06 Anyone in the audience care to speak on item number 46,

10:41:09 AB-2-1420?

10:41:11 Item number 46.

10:41:13 I see no one.

10:41:14 I have a motion to close by Mr. Suarez, second by Mr. Cohen.

10:41:17 All in favor of the motion to close?

10:41:20 Opposed?

10:41:20 The ayes have it unanimously.

10:41:22 Mr. Suarez, would you kindly take this for first reading,

10:41:25 please?

10:41:25 >>MIKE SUAREZ: I present an ordinance for first reading

10:41:29 consideration, an ordinance approving a special use permit

10:41:32 S-2 for alcoholic beverage sales, small venue consumption on

10:41:36 premises only, and making lawful the sale of beverages

10:41:38 regardless of alcoholic content, beer wine and liquor on

10:41:43 that certain lot, plot or tract of land located at 2223

10:41:48 North Westshore Boulevard unit B-227 Tampa, Florida as more

10:41:52 particularly described in section 2, that all ordinances or

10:41:54 parts of ordinances in conflict are repealed, providing an

10:41:57 effective date.

10:41:57 >> Second.

10:41:59 >>CHARLIE MIRANDA: Motion by Mr. Suarez for approval on

10:42:01 first reading, second by Mr. Cohen on a close vote with Mrs.

10:42:04 Capin.

10:42:05 Further discussion by council members?

10:42:06 All in favor of the motion?

10:42:09 Opposed?

10:42:09 The ayes have it unanimously.

10:42:11 >>THE CLERK: Mr. Chair, the second reading will be held on

10:42:14 June 5th, 2014 at 9:30 a.m.

10:42:18 >>CHARLIE MIRANDA: Thank you very much.

10:42:22 Okay.

10:42:22 Item number 47.

10:42:29 >>GLORIA MOREDA: Land development are, AB 2-14-21.

10:42:36 Zoned CI located at 610 south Armenia Avenue, suite 105.

10:42:42 The property currently has an AB designation.

10:42:45 It was approved back in 2012 for restaurant, beer, wine,

10:42:52 liquor on premises only.

10:42:53 That is the same request that's being proposed now.

10:42:57 The application that was submitted shows the same square

10:43:01 footage for the AB sales area, in the current approved AB.

10:43:11 It's 2,502 square feet inside, 469 square feet outside,

10:43:16 for a total of 2,971 square feet total area.

10:43:22 There are 28 parking spaces on-site.

10:43:25 The current AB approval is for Monday through Saturday,

10:43:30 10 a.m. to 2 a.m., Sunday 11 a.m. to 27 a.m., the request

10:43:42 before council is asking to extend to 3 a.m. all the dates.

10:43:47 The restaurant has been approved through the permitting

10:43:49 process.

10:43:50 Just want clarification so that council understands that the

10:43:54 site plan that was reviewed through permitting showed a

10:43:57 restaurant that is 1791 square feet.

10:44:02 It has an outside area of 459 square feet for a total area

10:44:09 2206 square feet.

10:44:15 As part of staff's review that is what we would like to see,

10:44:19 and reflect that square footage on the site plan since

10:44:23 parking is an issue in terms of this request.

10:44:27 Through the original AB approval, first being the reduction

10:44:36 of the minimum distance from other AB locations from 250

10:44:41 square feet to 80 -- excuse me, 250-foot distance separation

10:44:46 to an 80-foot separation.

10:44:49 Residential use of separation, 250 is required.

10:44:53 They have 32-foot setback.

10:44:57 The required number of parking space initially was 45 spaces

10:45:00 for the shopping center.

10:45:02 They currently have 28 spaces with there is a reduction of

10:45:11 compact spaces from 65% increasing that contact space to 79%

10:45:17 of the number of spaces.

10:45:20 They also asked for reduction of the aisle from 11 feet to

10:45:24 the 10 feet.

10:45:26 Maneuvering for solid waste was being reviewed to allow for

10:45:34 public right-of-way.

10:45:35 As well as access.

10:45:40 As part of staff review, we have included a site plan that

10:45:48 illustrates -- this red area illustrates the area that is

10:45:57 approved for AB currently.

10:45:59 We are asking for that to be reduced out of the petition so

10:46:06 that only the area where it is actually located is shown.

10:46:11 I have aerials of the location.

10:46:17 Very long strip shopping center off of Armenia, just north

10:46:21 of Swann Avenue.

10:46:26 This is a photograph that shows the restaurant.

10:46:29 It's in the shopping center.

10:46:33 You all might recognize the shopping center formation at

10:46:39 that location.

10:46:40 But they have a very long drive along the side of the

10:46:45 shopping center.

10:46:46 Residential is directly to the north.

10:46:50 This is the view -- the view looking north on Armenia, and

10:46:58 this one is looking south.

10:46:59 And then this is the view of the townhouses to the north.

10:47:09 There are a number of site plans adjustments that we would

10:47:12 like to see correcting the notation related to the sections

10:47:18 of the code before the code, we want all those corrections

10:47:25 made as well as the information related to the permitting of

10:47:28 that restaurant to be identified on the site plan.

10:47:32 So that there is no confusion as to the intensity of use on

10:47:36 the property.

10:47:38 Transportation is also wanting the stop bar off of moody to

10:47:47 be repositioned off the property.

10:47:48 With those changes, staff would find it consistent.

10:47:53 However, at this point we find the request inconsistent with

10:47:56 code.

10:47:58 >>CHARLIE MIRANDA: Thank you.

10:48:00 Yes, sir?

10:48:00 >> Officer Don Miller, City of Tampa police department has

10:48:05 no objections.

10:48:07 >>CHARLIE MIRANDA: Petitioner?

10:48:08 >> Todd Pressman, East Lake Road, Palm Harbor, Florida.

10:48:16 I'm here this morning with the general manager and John

10:48:21 Caruso, the owner, and chef Campbell.

10:48:27 Down from Tallahassee.

10:48:28 He's the executive chef at the restaurant.

10:48:31 Council members, this is a request for -- this is their

10:48:37 menu, if I may put this up on the screen.

10:48:39 >> We like samples.

10:48:43 [ Laughter ]

10:48:44 I can't taste the menu.

10:48:46 >> This is a request generated by restaurant sales, and the

10:48:52 gentlemen worked long and hard to establish and finish a

10:48:55 very high quality restaurant, high quality food and

10:48:58 location, which is then successful, they have been open for

10:49:02 about a month as a hard opening, and they had a soft opening

10:49:06 prior to that.

10:49:07 So the issue is an extension of the alcohol hours from

10:49:13 2 a.m. to 3 a.m.

10:49:16 There is an outdoor area but there is no music or any kind

10:49:18 of amplified system of any kind.

10:49:20 We do have an e-mail that we'll put on the record that we

10:49:25 have one of the owners in support of the request, and that

10:49:30 is the e-mail there.

10:49:32 So this is an established restaurant that will be one of the

10:49:37 focal point of the SoHo area.

10:49:40 Again as I indicated, food quality and design.

10:49:44 And the squire footage that's proposed is minimal.

10:49:47 And we believe it a fine establishment that will work very

10:49:51 well in the area.

10:49:51 Any questions, I will be happy to answer.

10:49:54 >>CHARLIE MIRANDA: Any questions by council members?

10:49:55 Mrs. Capin?

10:49:57 >>YVONNE CAPIN: You mentioned no amplified music outdoors.

10:49:59 I didn't see it on the site plan.

10:50:01 So that would be something that would have to be added

10:50:03 between first and second reading, right?

10:50:05 >> Yes.

10:50:18 >>CHARLIE MIRANDA: Anyone else?

10:50:18 Mrs. Montelione?

10:50:20 >>LISA MONTELIONE: I am trying to get a copy.

10:50:22 I believe we received an e-mail in opposition last night

10:50:30 which should have been in the box but I don't have a copy of

10:50:32 it.

10:50:33 Oh, Mr. Cohen.

10:50:37 And can you make that a little bigger?

10:50:39 Because I can't read what that says.

10:50:44 Thank you.

10:50:49 I'm guessing or thinking that the Lakewood Ranch address is

10:50:56 his business address?

10:50:58 Because it says that he's a resident?

10:51:01 >> Gardens lane, Tampa, Florida.

10:51:07 Knife problems with the backyard bar and grill staying open

10:51:11 till 3 a.m.

10:51:12 The owner has been nothing but courteous, respectful of

10:51:14 addressing noise issues, the owner has -- they have had

10:51:19 discussion on a number of occasions to be sure that they are

10:51:22 being quiet and respectful of the neighborhood.

10:51:29 I have yet to have any noise or sound issues.

10:51:31 I am also confident, if I did have any sound or noise issues

10:51:35 the restaurant owners would address them immediately.

10:51:38 I have more noise from a bar a quarter mile away on any

10:51:41 given night than I have yet from the backyard, and that is

10:51:44 from Brandon wolfer.

10:51:47 >> Thank you for reading that into the record.

10:51:53 The one e-mail we received last night, do you have a copy of

10:51:59 that?

10:52:00 >> No, I don't.

10:52:01 >> Okay.

10:52:03 I think you probably need to be provided a copy, if

10:52:08 possible.

10:52:08 But they have confusion over some of the applications and

10:52:15 the revisions.

10:52:16 So one of those, given the layout of the place, it seems to

10:52:22 be focusing on seating for 14 people outside which is

10:52:27 roughly 25% of the total capacity, and two bars serving the

10:52:31 inside and outside with the bar seating appearing to account

10:52:34 for about half of the total.

10:52:38 The activity on-site can clearly be heard from my home as

10:52:42 well as many others living in our community.

10:52:44 In my case as well as others at 32 feet away, the outdoor

10:52:48 areas operations is as close to my bedroom as my own

10:52:53 kitchen.

10:52:55 Being I believe any attempted noise mitigation would be

10:52:59 sufficient to maintain the proper residential atmosphere

10:53:02 that was in place and expected to stay in place when the

10:53:06 property was developed, and says, in fact, at the time it

10:53:11 was developed he was a partner in that entity.

10:53:14 We examined the situation responsibly, discussed the

10:53:18 potential change of use approval and so on.

10:53:21 So it seems we have two folks who live in Victoria park

10:53:29 development who have different opinions about the

10:53:35 establishment and whether or not it would be a disturbance

10:53:39 to the residents, both of them seemingly living in units

10:53:44 very close to each other, as well as the subject site.

10:53:49 >> What I would say to you, Councilwoman, is that the

10:53:55 distinction here is that there will be outdoor service.

10:53:59 They are providing outdoor service.

10:54:01 The only difference and distinction here is they are asking

10:54:03 for later alcohol service.

10:54:05 People will be dining outside and will continue to dine

10:54:09 outside.

10:54:09 >> And they will be serving food outside as well?

10:54:16 >> Yes.

10:54:16 >> Even though the kitchen is open and serving to 3 a.m., I

10:54:30 like to dine late, sometimes too late, but it seems that --

10:54:37 and I'm not sure, is this accurate that 25% of the capacity

10:54:40 is the out door seating?

10:54:42 >> 25% would seem accurate.

10:54:49 But I would place emphasis, there is no bar serving outside,

10:54:55 and there's in a music or amplified elements which of course

10:54:59 accrue with a lot of restaurants.

10:55:01 So again the distinction between the -- activity is going to

10:55:05 be there.

10:55:06 The question is do we have responsible operators?

10:55:09 Do we have operators that work with neighbors who have a

10:55:13 communication with neighbors?

10:55:14 Obviously from the e-mail we have seen they do.

10:55:16 They are good operators.

10:55:17 They have invested a great deal of money to really put in a

10:55:19 first class place here.

10:55:21 So the issue is, how does an operator responsibly run an

10:55:26 outdoor area, an additional hour of alcohol, I would propose

10:55:31 to you, is not a major determinant in terms of impact to

10:55:35 neighbors, because that dining activity is going to be out

10:55:40 there any way.

10:55:40 >> Thank you.

10:55:44 >>CHARLIE MIRANDA: Any other questions by council members?

10:55:45 Anyone in the audience care to speak on this item number 47?

10:55:48 Please come forward.

10:55:49 >> My name is rich Romanski.

10:56:00 I live in Kensington park homeowners across the street from

10:56:04 the bar.

10:56:05 I'm the president of the homeowners association for

10:56:07 Kensington park.

10:56:09 We have 15 homeowners there and as far as you can see from

10:56:13 the pictures is right next to the residents.

10:56:16 Quite frankly -- and I refer to it as a bar, not a

10:56:20 restaurant.

10:56:20 I have been in the place.

10:56:21 And I see very little food.

10:56:24 I see primarily a bar, the one time that I was in.

10:56:27 And quite frankly even being asked to be open till 3 in the

10:56:31 morning, in our opinion, from our homeowners, is we are

10:56:35 looking at additional traffic, additional people walking

10:56:38 around, a lot of commotion.

10:56:42 Right at our doorsteps at three in the morning.

10:56:46 We have lived there a long time.

10:56:48 My family has lived there a long time.

10:56:51 My wife's family lived in South Tampa a great deal of the

10:56:55 time.

10:56:55 Her family has served the city as a former mayor and former

10:56:59 governor, and I can tell you we are very committed for the

10:57:03 city TV and the quality of life that we have in the City of

10:57:05 Tampa.

10:57:06 We really appreciate the quality of life.

10:57:08 And building a bar right next to our residence, we feel, is

10:57:13 simply unconscionable.

10:57:15 With the noise, with the additional traffic, with the

10:57:19 additional people at three in the morning walking around be,

10:57:23 in our small homeowners association of 15 people, we have

10:57:26 three people that just had babies that just were so

10:57:30 delighted to have that and walking around.

10:57:32 And I just can't imagine a bar right in our back door of our

10:57:36 neighborhood.

10:57:36 So very respectfully, I ask the council to totally reject

10:57:40 this idea.

10:57:41 Thank you very much.

10:57:44 >>CHARLIE MIRANDA: Thank you very much.

10:57:44 Next, please.

10:57:46 >> Good morning.

10:57:48 Rob Kelly, 2603 Fountain.

10:57:52 Nearby Parkland Estates.

10:57:55 I will put a photo up here.

10:58:02 Do you all see it?

10:58:03 Okay.

10:58:05 This business, as Mr. Pressman said, this business had a

10:58:11 soft opening for about 30 days.

10:58:12 The view that I am showing you is the east end of the

10:58:15 building.

10:58:16 And approximately right here where I am pointing, that's an

10:58:21 entrance into what is just a bar, a long bar.

10:58:25 And these dark items here are some type of panels that can

10:58:33 be moved and configured, but it's open.

10:58:41 They are closed off to the outside part of this parking lot

10:58:43 and Torry gardens.

10:58:51 So there is a condition there for a lot of noise to be

10:58:54 generated coming out of this bar.

10:58:56 And this bar, from what I can tell you, and I admit I

10:59:00 haven't been in this establishment yet, but this looks to me

10:59:03 driving past that it's simply go in and out from the parking

10:59:07 lot bar and not necessarily part of the restaurant itself.

10:59:12 So what I am concerned about as well is, this appears to be

10:59:16 some sort of seating area, serving area.

10:59:25 So you can imagine as it gets later in the night, and things

10:59:29 naturally quiet down -- noise carries a lot further than it

10:59:32 does in the middle of the day -- but just manual from 2 a.m.

10:59:35 to 3 a.m., the noise that's going to be generated from this

10:59:39 establishment and the impact it will have to the town homes

10:59:43 immediately to the north.

10:59:44 Now, in terms of the other end of the building, which is

10:59:51 gourmet pizza, already piped out, that establishment is open

10:59:55 till 10 p.m. daily.

10:59:58 Their hours are 11 till 10.

11:00:00 So I think what needs to be addressed and what hasn't been

11:00:03 addressed so far by the applicant is that this request, if

11:00:08 approved, will establish a precedent and encourage more

11:00:12 intensive or incompatible uses in the surrounding area.

11:00:15 There's no establishment in the surrounding area to keep it

11:00:19 open till 2 a.m.

11:00:21 They want an additional hour

11:00:23 The other thing I want to say, full indulge me for just 30

11:00:26 more second is, this property changed hands in January.

11:00:30 Two years ago when you approved a wet zoning it was a

11:00:33 completely different applicant, Hollister holdings presented

11:00:37 by Mr. Michelini.

11:00:38 The applicant before you today is a completely new entity

11:00:41 called Dayman entertainment.

11:00:44 So Dayman entertainment has taken over this business or

11:00:47 attempted to take over this business since the original

11:00:49 approval.

11:00:51 I think they need to establish a track record of good

11:00:53 neighbor policy operating till 2 a.m. before they come in

11:00:57 and ask for an additional hour of operation.

11:01:00 Thank you for your time.

11:01:02 I have two e-mails I would like to submit in the record from

11:01:05 Parkland residents.

11:01:08 They both object to.

11:01:11 >>CHARLIE MIRANDA: Thank you very much.

11:01:11 We really appreciate it very much.

11:01:13 Next, please.

11:01:13 >> Paul Paluzzi, 2402 Victoria Gardens Lane.

11:01:27 It's my e-mail there.

11:01:33 I would like to clear up some confusion.

11:01:37 Both around the initial approval on the application B-12-78

11:01:43 by the petitioner.

11:01:44 There was confusion on my part and perhaps on council's part

11:01:46 as to why there was no objection brought forth by the

11:01:50 community the first time around when this group was

11:01:52 petitioning to have a wet zoning.

11:01:55 And while that meeting took place while I was out of town,

11:01:58 when I got back in town I investigated the record, because I

11:02:02 was confused myself why nobody objected.

11:02:04 And when I read the transcript of that meeting, I noted that

11:02:08 the petitioner repeatedly used words which I will be happy

11:02:12 to quote, and I don't think it necessary, you can find it

11:02:14 yourself, but to talk about an approval for an indoor

11:02:18 restaurant.

11:02:18 It talked about the request for a nice little neighborhood

11:02:21 restaurant, no fewer than four times talked about an indoor

11:02:25 restaurant.

11:02:26 And while the site plan says we represented there was

11:02:29 outdoor seating.

11:02:31 Of course, the site plan was too large to be attached to the

11:02:34 public file so the only conclusion I came with is perhaps

11:02:36 the people in the neighborhood looking at this didn't

11:02:39 realize we were talking about an approval for an operation

11:02:42 with outdoor service and outdoor seating.

11:02:44 In fact, the petitioner made a comment during that first

11:02:50 meeting about there was nobody here in opposition, and

11:02:53 therefore this is just a nice little neighborhood restaurant

11:02:56 and should be approved.

11:02:57 Well, one of the reasons there was nobody here in

11:03:00 opposition, unfortunately, in the process of notice, of this

11:03:04 first meeting, 78, the homeowners association, that was the

11:03:11 address label that was used for the list for notices to be

11:03:15 sent and shows homeowners association, which this community

11:03:18 relies on for professional guidance.

11:03:20 And it shows the address in St. Petersburg, Florida.

11:03:23 The mailing label itself, if you notice, omitted the city

11:03:29 and state and zip code.

11:03:31 So the homeowners association never received notice about

11:03:33 the first meeting.

11:03:34 And the petitioner is right, there was nobody from the

11:03:37 neighborhood here to oppose the first time this was

11:03:39 approved.

11:03:41 It was approved what appeared to be an outdoor little

11:03:44 neighborhood restaurant.

11:03:46 Fast forward to today, when we are looking at the

11:03:49 operations, of opinions floating around, I believe the only

11:03:53 determination of facts from the city's point of view of

11:03:56 whether it's a bar or restaurant is based on annual sales

11:03:59 after the first year maintaining 51% for food.

11:04:05 From an observation point of view I would say the operation

11:04:07 has over 30 seats, and facility that has a maximum occupancy

11:04:15 of 46.

11:04:16 So roughly 75% of the seats are bar seats.

11:04:22 And in order to service the outside, there's a large window

11:04:25 opening from the inside to the outside so that window is

11:04:28 open to pass through the bar.

11:04:30 So from the inside to the outside at all times that they are

11:04:34 open.

11:04:34 (Bell sounds)

11:04:36 There's further confusion on the part of anybody reading the

11:04:38 application, this is the application to the original

11:04:41 petition that says in answer to the questions, any outdoor

11:04:46 seating?

11:04:48 Same thing on the application for today.

11:04:49 It says no.

11:04:54 >>CHARLIE MIRANDA: Thank you very much.

11:04:55 Appreciate it.

11:04:56 We got it.

11:04:58 I think we do.

11:04:59 >> Thank you.

11:05:02 >>CHARLIE MIRANDA: Next, please.

11:05:04 >> Greg Newman, 2421 Victoria garden.

11:05:09 I am the former president of the homeowners association.

11:05:11 I still sit on the board since the inception of the

11:05:16 community.

11:05:16 I was the first resident to move into this community.

11:05:20 And I spoke in front of this council before regarding the

11:05:24 same issue.

11:05:25 And anytime you have something that requests at least eight

11:05:30 variances there's got to be a reason why the city put

11:05:35 forward different codings that's supposed to be done.

11:05:37 I don't know how many of you all live close to have a bar 32

11:05:42 feet from your community where you live.

11:05:44 I would have never bought there.

11:05:46 And everybody living in our community has spent large sums

11:05:52 of money.

11:05:52 I know my community was over half a million dollars.

11:05:54 And some went much higher.

11:05:57 I bought it through construction.

11:05:59 But, however, these people, we do not like the idea of

11:06:03 having the bar there.

11:06:05 It was approved just like he said, and initially reached out

11:06:11 to us.

11:06:11 I was at the meeting, the reach-out, and explain what they

11:06:19 wanted to do.

11:06:20 At no time did they say outdoor seating.

11:06:23 A it no time said they were going to petition till 3:00 in

11:06:26 the morning.

11:06:26 This is not a restaurant.

11:06:28 I'm sorry, they may have a great chef, but it's a bar.

11:06:30 I what there is last night with Paul, the gentleman who just

11:06:33 spoke.

11:06:34 And he said it's correct, there's seating outside, some

11:06:38 tables outside behind that black area where they show like

11:06:41 screening, but the bar is open between inside and outside.

11:06:46 And not quite as loud as the lodge or McDentons but

11:06:52 there's music playing.

11:06:53 And it's an L-shaped bar, and there's bar stools, high

11:06:58 tabletops in the place.

11:06:59 And because it has gone through there's nothing we can do

11:07:06 about the bar that's there.

11:07:07 We are talking restaurant, that's a restaurant, 717.

11:07:13 SideBern's, that's a restaurant.

11:07:14 They serve alcohol.

11:07:15 But you know it's a restaurant when you go in there.

11:07:17 And not comparing it to this bar, but you go in there, it's

11:07:22 a bar.

11:07:23 They serve food.

11:07:24 Green Iguana, it a bar, and they serve food.

11:07:30 This place wants to stay open now from 2:00 to 3:00.

11:07:35 The resident of Victoria gardens are opposed to it.

11:07:38 The one gentleman who wrote the e-mail is being foreclosed

11:07:41 on.

11:07:42 He's not going to be a resident much longer, right?

11:07:44 So that's our position here.

11:07:46 I think it's a mistake.

11:07:48 Think about what you would want your house and your family

11:07:50 to grow up in having a bar that close to you, 32 feet.

11:07:54 Thank you.

11:07:55 >>CHARLIE MIRANDA: Thank you very much.

11:07:55 Anyone who has not spoken care to speak from the audience?

11:08:03 Petitioner, you have five minutes.

11:08:04 >> If I could take one short minute.

11:08:08 I do need to clarify for the record I was unaware, I want to

11:08:11 clarify some of the residents said there are windows open

11:08:14 evidently to the outdoor area, and there is service that is

11:08:17 provided.

11:08:17 I indicated something else to council.

11:08:19 That was incorrect.

11:08:20 The only comment I would like to make to the council, and

11:08:25 the owner of the restaurant would like to speak, is this is

11:08:28 a commercial property.

11:08:29 Every owner who is there knows that this is a commercial

11:08:32 property.

11:08:32 It's been here a long time and this is no different than

11:08:36 what was displayed as a large story in the Tribune about how

11:08:41 successful the city is becoming about bringing high quality

11:08:44 restaurants, and it is a restaurant, 51% food sales, a long

11:08:47 with living with residential.

11:08:48 Those are the issues that we are working with these days.

11:08:51 What I can tell you is these are responsible owners who run

11:08:55 a fine establishment and they are willing to work with the

11:08:57 neighbors or the residents anyway they can.

11:08:59 But John wants to speak to you.

11:09:01 >> My name is John Crusoe, owner operator of the restaurant.

11:09:09 What I would like to speak on, what I have expertise on,

11:09:14 would like to give some insight into, I am a former audio

11:09:18 engineer.

11:09:19 I have had a recording studio before.

11:09:27 What you are looking at is the diagram of the restaurant.

11:09:32 Facing north.

11:09:34 This would be where the residents are.

11:09:37 You can see this is our front entrance.

11:09:41 And it curves down.

11:09:43 Basically what I am telling you is the business of the bar

11:09:46 is in the southernmost point.

11:09:50 That's on purpose so the sound stays to the south of it.

11:09:56 That one set of speakers -- well, all the other speakers

11:09:59 down here, it's actually a lot quieter here.

11:10:02 On the outside that they are speaking of, I wish I had a

11:10:05 better picture.

11:10:07 But these, it is an open area.

11:10:11 And these are actually 12-foot -- the picture below, we do

11:10:18 that during the day, during lunch.

11:10:20 But we close those off and that reduces it a lot.

11:10:24 I have done that for the side, and to the road, and if you

11:10:31 are stationing west at the end of the parking lot, the

11:10:40 decibel level, it's louder when a car drives by.

11:10:45 I understand the actual layout and the seating of it does

11:10:48 make it look like a bar.

11:10:49 And I agree with.

11:10:52 That but it was on purpose because that's who we are

11:10:57 catering to.

11:10:58 When I came to research in Tampa, Orlando, Jacksonville,

11:11:00 Tallahassee, Atlanta, Las Vegas, and Austin, Texas.

11:11:07 And what I found in South Tampa was not only the second

11:11:11 larger growth area and the second in the United States but

11:11:16 they needed a niche.

11:11:18 There's a lot of service industry people around here.

11:11:21 And like myself, they get off working at movie theaters,

11:11:26 things like that, they want to eat and they don't want to

11:11:29 eat pizzas or Denny's.

11:11:33 They want late night food that's still top quality.

11:11:35 And that's what this place needed.

11:11:39 When you went into this area that's the niche you wanted to

11:11:42 fill, is high quality, late night.

11:11:45 Speaking of the bar area, that's where the people sit.

11:11:48 That's where I sit he which I go to any restaurant.

11:11:51 I sit at a bar area.

11:11:52 That's where I am most comfortable.

11:11:54 That's why I go to these places.

11:11:57 So speaking on that.

11:11:58 That's why it was designed.

11:11:59 That's the way it was designed to help with the sounds.

11:12:05 And the seating areas, that's where people like me sit.

11:12:11 Thanks for your time.

11:12:12 (Bell sounds).

11:12:15 >>CHARLIE MIRANDA: Thanks very much.

11:12:16 We heard the evidence.

11:12:17 We have the rebuttal and the neighborhood bringing up their

11:12:22 statements.

11:12:23 Petitioner, rebuttal.

11:12:25 And then the final closing within the five minutes.

11:12:28 Mrs. Capin.

11:12:30 >>YVONNE CAPIN: Again I am going back to the outdoor

11:12:32 amplified.

11:12:33 I specified music, and I think they did, too.

11:12:37 But if this were to move forward, it would be amplified

11:12:43 anything, TV, anything outdoors.

11:12:47 And I want to know if that's the case, or if it's just

11:12:51 music.

11:12:51 Which one is it?

11:12:54 >>CHARLIE MIRANDA: Petitioner?

11:12:54 >> Sam: West Morrison Avenue.

11:13:03 Honorable chairman, honorable council members.

11:13:06 I have been involved in the SoHo district for the last 18

11:13:10 years.

11:13:10 I'm the property owner.

11:13:12 And I would never have leased to someone who did not have

11:13:16 alike minded vision as myself.

11:13:20 These people are friends and tenants, and they are going to

11:13:25 be an asset to this neighborhood.

11:13:30 You will never have a problem with them.

11:13:34 >>YVONNE CAPIN: Can you answer that question?

11:13:36 That's what I need to hear.

11:13:37 >> The answer is everything, yes.

11:13:44 >>YVONNE CAPIN: Thank you.

11:13:44 >> We urge council to approve this petition.

11:13:48 It will be good for the neighborhood.

11:13:51 >>CHARLIE MIRANDA: Mrs. Montelione.

11:13:51 >> Thank you, Mr. Chair.

11:13:56 You know, looking at the site plan, I know this building was

11:13:59 constructed quite some time ago.

11:14:02 Regulations may have been different.

11:14:04 But trying to find a way to have peaceful co-existence, Mr.

11:14:22 Crusoe, you are a sound engineer.

11:14:25 Come to the microphone.

11:14:25 And so you said that you have taken decibel readings?

11:14:28 >> Yes, ma'am.

11:14:31 >>LISA MONTELIONE: But you said it different when the Pams

11:14:33 were present and when they weren't present.

11:14:40 Can you quantify a lot?

11:14:42 >> It's anywhere from 5 to 12 decibels.

11:14:47 >> And sound meters across --

11:14:50 >> I have decibel readers.

11:14:53 It's one of the things I do.

11:14:54 >> Okay.

11:14:58 The concern, because we have experienced this before, in

11:15:01 other -- with other establishments -- that even though

11:15:05 there's no outdoor amplified sound, one of those problems --

11:15:13 there's a couple.

11:15:14 One of the problems is the sound from the inside bleeding

11:15:16 out.

11:15:16 >> Right.

11:15:17 >> So one of the gentlemen mentioned a rooftop area?

11:15:30 >> Todd Pressman: I wanted to clarify there is in a

11:15:33 rooftop.

11:15:34 >> All right.

11:15:35 That clears that up.

11:15:40 Okay.

11:15:41 The other is, we hear a lot of noise complaints from

11:15:47 neighbors.

11:15:49 People simply walking to their cars at 3 in the morning and

11:15:54 being very loud, and these parking spaces, some of them seem

11:15:58 to be very close to the residences.

11:16:02 So I'm wondering about the separation and the buffer between

11:16:12 the building, the parking spaces and the adjoining

11:16:18 residences.

11:16:18 I don't know when this building what built and I don't know

11:16:21 what the buffering regulations were at that time.

11:16:24 And maybe somebody from staff can answer that for me.

11:16:28 >> Well, I can tell you, not only -- I built the place

11:16:44 around trying to control sound.

11:16:46 As far as I know, we tried to contact the community, and

11:16:50 they have our e-mail address and phone number.

11:16:52 We have gotten no calls about any sound.

11:16:54 I don't know if there's been police calls or else like that.

11:16:58 It's never been brought to our attention that we have been

11:17:01 loud or inappropriate are in anyway.

11:17:04 There are other things that I can do to the building to

11:17:07 further reduce the sounds.

11:17:10 I definitely have half dozen more things I can do.

11:17:13 The only reason I have done them is because they cost money,

11:17:16 and we are a busy, and as of right now the sound has not

11:17:20 been enough for us to spend more money to fix it.

11:17:24 We were getting some consistencies with problems, that I

11:17:29 would address them.

11:17:30 I would fix them.

11:17:31 Plenty of things.

11:17:32 >> The previous establishment was also open till 2 a.m.

11:17:36 >> There was in a previous -- it was an office building.

11:17:41 >> So it only been 30 days that you have been open till

11:17:44 2 a.m.?

11:17:45 >> Yes, ma'am.

11:17:45 >> Thank you.

11:17:46 I think Mrs. Moreda wanted to answer some questions.

11:17:51 >>GLORIA MOREDA: The building is very old.

11:17:52 I'm not sure exactly the date at this point.

11:17:55 The previous zoning code only required a wall between the

11:18:00 commercial use and a residential zoning district.

11:18:03 >>LISA MONTELIONE: I can't tell from the pictures what wall

11:18:07 is there.

11:18:08 I see there are bushes on the site plan.

11:18:11 >> Yes, there is a masonry wall.

11:18:13 In fact, there was a design exception that was approved by

11:18:15 our office for this buffering requirement.

11:18:22 Northern landscape was reduced from 15 feet to 6 feet with a

11:18:26 masonry wall and two-foot buffer with eight crape myrtle

11:18:33 planted with a five-foot wall.

11:18:36 >> So the buffer was reduced?

11:18:38 >> We did administratively reduce the buffer.

11:18:41 >> You would think that if there was additional buffering,

11:18:46 especially with plant material, that is sound absorption, so

11:18:54 it would maybe get the sound that would be --

11:18:58 >>GLORIA MOREDA: Well, the buffer did require they plant

11:19:02 myrtles on the property but it's a very tight site to

11:19:06 maintain the number of parking spaces that are limited on

11:19:08 the property right now, to make them comply with the current

11:19:13 buffering requirements would eliminate that whole row of

11:19:17 parking.

11:19:17 >>LISA MONTELIONE: Well, it just seems that sacrificing the

11:19:23 buffer for the parking.

11:19:25 >> That is true.

11:19:27 >> And I'm not sure that's what we want to do here.

11:19:29 Thank you.

11:19:31 >>CHARLIE MIRANDA: Thank you very much.

11:19:31 Mr. Cohen and Mr. Suarez.

11:19:32 >>HARRY COHEN: Thank you very much, Mr. Chair.

11:19:39 When this was approved in 2012, we reduced the distance

11:19:46 separation from other AB sales establishments from 250 feet

11:19:52 to 80.

11:19:52 We reduced the buffer from residential from 250 to 32 feet.

11:19:57 And we reduced the number of parking spaces from 45 to 28

11:20:00 feet.

11:20:01 And it seems to me if I recollect correctly that the 2 a.m.

11:20:08 closing time was a mitigating -- it was mitigation against

11:20:14 all the other things we were allowing when we actually made

11:20:18 the approval.

11:20:19 And I have to tell you what I am having difficulty with here

11:20:24 is why on earth this extra hour is important, if this is a

11:20:31 restaurant, and the character of the owners and operators

11:20:37 may be excellent, but we all know that when we do an

11:20:40 approval like this, and the establishment changes hands down

11:20:44 the road, it can turn into something entirely different from

11:20:48 what we are approving today.

11:20:51 And the only issue here is from 2 a.m. to 3 a.m. in a

11:20:56 district that is already totally oversaturated, where the

11:21:00 traffic is butcher to butcher, and where the noise

11:21:03 complaints are constant.

11:21:04 And I have to say, I'm the one the that gets them, because I

11:21:08 represent the district.

11:21:09 And Mr. Pressman -- well, we all represent the district, but

11:21:15 I'm the one that gets the majority.

11:21:17 Mr. Press man represented the article that Mr. Winecrop in

11:21:23 the back of the room wrote about some of the issues in the

11:21:25 area, and some of the problems that have been identified by

11:21:30 people that live in the area related to noise, related to

11:21:32 public urination related to not enough parking.

11:21:37 To me, going the right direction -- you don't go the right

11:21:42 direction by adding an extra hour from 2 a.m. to 3 a.m.

11:21:45 So I have to tell you, I don't see it.

11:21:52 >>CHARLIE MIRANDA: Mr. Suarez.

11:21:53 No, I am going to run the meeting, not you, okay?

11:21:58 Understand that.

11:21:58 >>MIKE SUAREZ: Mr. Pressman, you cleared up one of the

11:22:03 questions I had.

11:22:04 There is no second floor seating area.

11:22:07 It looks like none of the discussion that was brought up by

11:22:10 the neighbors.

11:22:11 There's that barrier, sound barrier that has the panels that

11:22:16 open up.

11:22:17 That's all on the first floor, correct?

11:22:21 >> Correct.

11:22:22 >>MIKE SUAREZ: You know, if I could ask -- is Mrs. Kert

11:22:32 still hear?

11:22:33 I was going to ask a question.

11:22:36 I had asked you privately and I want to reiterate publicly

11:22:39 what I had asked you.

11:22:40 One of the questions that I had, something else was brought

11:22:43 up by the neighbors which is the original application in

11:22:46 2012 had a wrong address listed for our God neighbor

11:22:52 notification and was sent to a St. Petersburg address and in

11:22:55 some cases didn't have any name on there.

11:22:57 That has no effect on this particular hearing now, correct?

11:23:01 >>REBECCA KERT: No, it does not as long as the statutory

11:23:03 notice is written on the good neighbor notice is just good

11:23:08 neighbor notice.

11:23:09 >>MIKE SUAREZ: Meaning that --

11:23:11 >>REBECCA KERT: From a legal standpoint, it's properly in

11:23:17 place.

11:23:19 >>MIKE SUAREZ: I wanted to make sure I understand that

11:23:21 because that's one of the questions I had in my mind.

11:23:23 In addition when it comes to these type of changes when they

11:23:25 are asking for annal additional hour, right now they are

11:23:28 listed as a restaurant.

11:23:29 There are no waivers listed for the parking itself.

11:23:32 The hour that they are asking for, regardless of whether or

11:23:36 not they close at 2 or 3, they still have to meet the

11:23:41 requirements we put in place in terms of the audit document

11:23:44 that they have to provide to the city showing that they are

11:23:45 in fact a restaurant showing 51% sales of food as opposed to

11:23:52 more than that.

11:23:53 I believe we do have --

11:23:57 >>REBECCA KERT: They will have to do what is currently

11:23:59 required which is 51%.

11:24:00 If you are asking about the additional -- if the requirement

11:24:05 they talk about would be in terms of -- I don't believe that

11:24:08 has currently gone through.

11:24:09 >>MIKE SUAREZ: I got it.

11:24:11 I thought we were already putting that in place in terms of

11:24:15 on a go-forward basis but you know better than I do.

11:24:18 >> I know it is in the process but I don't recall that it's

11:24:21 been formally approved.

11:24:22 >>MIKE SUAREZ: Okay.

11:24:24 Because one of the problems I have is when you ask for an

11:24:26 additional hour, if you are a restaurant, it seems to beg

11:24:33 the question that I will continue to operate longer, and the

11:24:38 only reason I continue to operate, not necessarily to serve

11:24:41 food, even though there are people who are late eaters and

11:24:44 come in, but primarily in order to continue to sell alcohol.

11:24:47 That's my experience in life.

11:24:51 If I could, Mr. Pressman, if I could ask you a quick

11:24:54 question.

11:24:55 According to our legal department, you have to give us

11:24:57 justification for adding that additional hour.

11:25:00 You have heard from the neighbors.

11:25:02 It seems like in most of the e-mails that I have read that

11:25:06 did come to us the hour additional is the biggest concern

11:25:09 right now.

11:25:10 There are other concerns be that were brought up that we at

11:25:14 this point have no power to necessarily control because you

11:25:17 are already in for most of the waivers that were asked for

11:25:21 two years ago.

11:25:23 Have you discussed or considered with your client any way of

11:25:29 becoming amenable with the neighborhood or discussing the

11:25:32 terms of that particular issue?

11:25:35 >> We had a little bit of discussion.

11:25:36 I will let John answer that if I may.

11:25:38 >> Like I said before, we came in to this to serve.

11:25:47 That was the niche after looking at all the cities, that's

11:25:51 what I found is a lot of people eat very late.

11:25:55 I don't know if you have ever seen Denny's at 3:15 in the

11:25:58 morning but it's jamming.

11:26:00 And that's what we are looking to do with this.

11:26:02 And also like I said before, we have been open to any and

11:26:08 all communication was the neighbors.

11:26:09 We have been accommodating them as much as we can, including

11:26:13 buying 300 feet of fence to put over the north fence, as an

11:26:18 additional sound barrier.

11:26:19 We spent $3,000 on it.

11:26:21 Unfortunately -- this is the receipt for it.

11:26:24 Unfortunately, it's not the style they wanted and it was too

11:26:28 hey.

11:26:28 So we did not use it.

11:26:33 This is an example of trying.

11:26:35 Everything we can to work with neighbors.

11:26:37 And if they didn't like the fence, if they didn't like the

11:26:42 way it looks, you know, we should have had better

11:26:44 communication on our part.

11:26:45 But if we can use that as an example of doing everything we

11:26:48 can.

11:26:51 You know, the way I design around sounds, $3,000, losing --

11:26:57 >> If I can.

11:26:59 >>MIKE SUAREZ: If I can interrupt you for a moment.

11:27:01 That's one aspect of what they had talked about, getting

11:27:03 back to what my point was at their discussion and a lot of

11:27:07 e-mails that we received concerning the time frame, going

11:27:11 from 2 to 3 a.m.

11:27:13 The question, and we cannot tell you what to come forward to

11:27:16 us with.

11:27:18 We can only make a decision based on all the factors in

11:27:22 terms of what's presented to us.

11:27:24 >> Okay.

11:27:25 >>MIKE SUAREZ: The question is whether or not you talked

11:27:27 about keeping the time frame at 2 a.m. considering that

11:27:34 would be -- what the feelings of the neighbors are.

11:27:36 >> We have not been contacted by the neighbors personally.

11:27:40 >> That wasn't the question.

11:27:42 You have seen -- have you considered it changing it from a

11:27:47 3 a.m. to 2 a.m. closing time?

11:27:49 >> You mean keeping it as it is?

11:27:51 >> Keeping it as it is.

11:27:52 >> We would, now, if --

11:27:55 >>MIKE SUAREZ: And this is not and or but.

11:27:59 You have to present to us what you want to do.

11:28:02 If you want to do that please say so.

11:28:03 >> We would like to stay open till 3 a.m.

11:28:07 >> Thank you, chair.

11:28:17 >>FRANK REDDICK: Mr. Pressman, let me address you, and

11:28:20 hopefully you can convey this.

11:28:25 I think you need to listen closely to the conversation that

11:28:28 I'm hearing from who spoke on the council, and it seems to

11:28:34 me that when they go about this issue, and, you know, I too

11:28:42 have some.

11:28:50 But I think somehow -- I'm not going out --

11:29:06 >>REBECCA KERT: Legal department.

11:29:07 I want to clarify one thing.

11:29:08 They are approved right now to stay open till 2.

11:29:11 So they don't need to modify their application.

11:29:14 >> Mr. Reddick, I think what we would like to do is pull

11:29:23 this, sit and talk with the neighbors, see if we can work

11:29:26 something out.

11:29:27 We would ask you to continue.

11:29:30 >>CHARLIE MIRANDA: No, let me say.

11:29:31 This I haven't said anything.

11:29:34 And I really think you are a great guy.

11:29:37 But all these things should be done way ahead before you get

11:29:40 here.

11:29:41 I mean, this is -- and you have heard me say this before.

11:29:45 And I'm not trying to sway no one's opinion.

11:29:51 You can understand what the tone of the voice were regarding

11:29:57 this thing.

11:29:57 You can understand -- in fact I was going to give you an

11:30:02 additional two or three minutes because of questions I

11:30:04 wanted to clear up on the record.

11:30:06 But, you know, you have heard me say many times that was

11:30:09 council who gave this neighborhood the restaurants and the

11:30:13 bars or whatever.

11:30:17 And it's up to council to make sure that there's a coherency

11:30:23 between business and residence neighborhood including this

11:30:25 one.

11:30:27 And I'm not opposed to this.

11:30:30 From now on, I am going to tell all of you here, don't come

11:30:34 before me, anyway, I'm not speaking for the others, and ask

11:30:37 me for more time because I am going to tell you no.

11:30:40 >> Mr. Chairman, in regards to your comment, I can only do

11:30:43 so much.

11:30:43 And I understand your comments.

11:30:45 And that's the direction.

11:30:49 >>CHARLIE MIRANDA: I understand.

11:30:49 >>FRANK REDDICK: So Mr. Pressman, you are requesting to

11:30:56 continue this item?

11:30:57 >> That was just discussed.

11:30:58 I would say a month is going to be necessary.

11:31:02 >>CHARLIE MIRANDA: One second before I go any further.

11:31:05 Is that your statement, Mr. Reddick?

11:31:07 >>FRANK REDDICK: Yes.

11:31:08 I was going to move to continue it for 60 days.

11:31:12 >>CHARLIE MIRANDA: Can we hold this?

11:31:14 Mrs. Montelione.

11:31:14 >>LISA MONTELIONE: I just have one other lingering thing in

11:31:18 the back of my mind.

11:31:19 Mr. Pressman, the application that Mr. Paluzzi showed us, I

11:31:27 think as part of our packet as well, the question when it

11:31:29 said, is there outdoor seating, it said no.

11:31:33 >> I don't know.

11:31:35 Quite frankly, I was put on this yesterday so I don't have

11:31:38 the details of that.

11:31:39 >> It's something you might want to look at.

11:31:47 >>CHARLIE MIRANDA: Any other council members?

11:31:48 I have a motion by Mr. Reddick for 60 days.

11:31:53 Seconded by Mr. Cohen.

11:31:54 >>FRANK REDDICK: July 17.

11:31:58 >>CHARLIE MIRANDA: Are we here then?

11:31:59 Our first meeting back?

11:32:00 >>FRANK REDDICK: Right.

11:32:01 >>MARTIN SHELBY: What time again?

11:32:07 >>FRANK REDDICK: 9 a.m.

11:32:09 9:30.

11:32:11 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick for July

11:32:13 17th at 9:30. Second by Mr. Cohen.

11:32:17 I am going to speak on the motion not for or against.

11:32:20 I don't see how you are going to solve this.

11:32:23 One side is totally opposed.

11:32:24 And the other side is willing to negotiate.

11:32:27 Negotiate what?

11:32:28 If they are totally opposed to the one hour.

11:32:30 But I am going to listen to it again, because I want to get

11:32:35 more experience at my age.

11:32:37 [ Laughter ]

11:32:38 So I have a motion by Mr. Reddick.

11:32:40 Second by Mrs. Montelione.

11:32:41 Further discussion by council members?

11:32:45 >>YVONNE CAPIN: One second.

11:32:46 I will not be here July 16.

11:32:49 >>CHARLIE MIRANDA: No, July 17.

11:32:51 >>YVONNE CAPIN: July 17 I will not be here.

11:32:53 I will not be back to council.

11:32:56 But I want to --

11:32:59 >>CHARLIE MIRANDA: What do we have on the 24th?

11:33:01 Is that a council meeting?

11:33:13 Now, let me say this while we are looking at.

11:33:15 This we have already heard all the evidence.

11:33:17 The pros and the cons.

11:33:19 So the only subject matter come before us is what the two

11:33:23 parties have agreed or not to agree, or we don't need an

11:33:26 hour and a half for this.

11:33:28 Is that clear from both sides?

11:33:31 That's all I'm saying.

11:33:32 I'm not trying to cut anyone short.

11:33:34 But the narrowing of the scope needs to be addressed.

11:33:41 >>YVONNE CAPIN: Please don't forget the site plan.

11:33:48 >> What's the date?

11:33:50 >> The 31st of July.

11:33:52 >> At 9:30 in the morning.

11:33:55 I have a motion by Mr. Reddick.

11:33:56 Seconded by Mr. Cohen.

11:33:58 All in favor of that motion please signify by saying aye.

11:34:01 Opposed nay.

11:34:02 Motion passes.

11:34:03 Thank you very much.

11:34:04 I really appreciate it very much.

11:34:05 >> Thank you, council, for your patience and the audience's

11:34:09 patience.

11:34:12 >>CHARLIE MIRANDA: We go to item 48.

11:34:22 This is a movement of a resolution substitute, I believe.

11:34:27 Anyone, Police Department here?

11:34:29 Petitioner?

11:34:30 >> Sean, city attorney's office, development of the zoning

11:34:41 condition.

11:34:43 >>CHARLIE MIRANDA: Petitioner?

11:34:47 >>DAVID MECHANIK: 305 South Boulevard here on behalf of the

11:34:49 applicant.

11:34:50 As Sean just indicated, a request for approval of this

11:34:54 development agreement.

11:34:55 There's the substitute agreement exhibit A to correct a

11:35:01 typographical error.

11:35:03 >>CHARLIE MIRANDA: And I put that on the record.

11:35:04 Need to move the resolution.

11:35:07 I have a motion by Mrs. Montelione to approve the

11:35:10 resolution.

11:35:10 Second by Mr. Cohen.

11:35:11 All in favor of that motion please indicate by saying aye.

11:35:14 Opposed nay.

11:35:15 The ayes have it unanimously.

11:35:18 Okay.

11:35:18 We go to item number 49.

11:35:22 >>STEVE MICHELINI: Here on behalf of the petition.

11:35:33 That cannot be heard today because it is in staff review

11:35:37 with BRC, and BRC revision.

11:35:42 In speaking with the staff, we concur, we respectfully

11:35:45 request it be continued to the August hearing date at

11:35:50 9:30 a.m., please.

11:35:52 >>CHARLIE MIRANDA: Okay.

11:35:53 I have a request by the petitioner on 49 to change to

11:35:55 August -- I'm sorry?

11:35:57 >>STEVE MICHELINI: I don't know the exact date.

11:36:00 >>CHARLIE MIRANDA: August 7?

11:36:01 >>STEVE MICHELINI: Yes, please.

11:36:02 >>CHARLIE MIRANDA: Anyone in the audience care to speak on

11:36:04 the continuation portion only of item 49?

11:36:09 Yes, sir.

11:36:10 >>MARTIN SHELBY: May I inquire when was the last notice to

11:36:13 the neighborhood and the surrounding area?

11:36:15 >>STEVE MICHELINI: We have been in constant meetings with

11:36:17 be the neighborhood association.

11:36:18 I'm not sure.

11:36:19 >>MARTIN SHELBY: What was it originally?

11:36:24 This is a 2012 file.

11:36:26 >>STEVE MICHELINI: I don't understand what the -- this is a

11:36:31 staff request. It's not my request.

11:36:33 It should have come -- this motion should have come before

11:36:35 you at the same time that the staff requested DRC which was

11:36:40 at our last hearing, and for some reason that second motion

11:36:44 didn't make it onto your agenda.

11:36:46 This shouldn't even be up on your agenda today.

11:36:50 >>CHARLIE MIRANDA: Mrs. Moreda, please help me. I need a

11:36:51 lot of help.

11:36:52 >>GLORIA MOREDA: Land development.

11:36:53 This is a continued public hearing.

11:36:55 The applicant submitted a revised site plan on the 7th

11:36:59 of May.

11:37:00 We have not had the DRC meeting yet so we are asking for a

11:37:03 continuance.

11:37:05 And the applicant is -- I have no objection to it.

11:37:09 It has been a long time since the neighbors have received

11:37:11 notice.

11:37:12 You might want to ask the notice done again.

11:37:17 >>CHARLIE MIRANDA: Petitioner, you are agreeing with that?

11:37:19 >>STEVE MICHELINI: The staff requesting renotice, we'll

11:37:21 renotice.

11:37:23 >>CHARLIE MIRANDA: All right.

11:37:24 Anyone in the audience, one more time, would like to speak

11:37:26 on the continuation portion only?

11:37:29 I see no one.

11:37:30 I need a motion for 9:30 in the morning.

11:37:40 All right.

11:37:41 That doesn't mean you are going to hear it at 9:30.

11:37:44 I have a motion by Mr. Cohen, seconded by Mr. Reddick.

11:37:49 All in favor of that motion on 49, please signify by saying

11:37:55 aye.

11:37:55 Opposed nay.

11:37:56 The ayes have it unanimously.

11:37:58 Thank you very much.

11:37:58 Item number 50.

11:38:00 Five 0.

11:38:02 >>BARBARA LYNCH: Land Development Coordination.

11:38:04 Item 50 is a vacating, VAC 14-09, a city initiated

11:38:11 application to vacate a portion and I have a map showing the

11:38:19 application.

11:38:23 This is a portion that lies between Giddens and shadowlawn.

11:38:33 The property is shown in red and the area to be vacated is

11:38:37 shown in yellow.

11:38:38 This is a request by stormwater to close the road to

11:38:42 construct a larger pond.

11:38:45 There's currently a small pond .

11:38:47 They want to construct a larger pond.

11:38:49 And I have detail showing the pond area.

11:38:57 The vacating is outlined in pink on this.

11:38:59 And then the pond area is this area here.

11:39:08 And then Frierson is not totally vacated.

11:39:11 It is going to be dead-ended and T-cut through is going to

11:39:16 be installed.

11:39:18 I have some photos.

11:39:22 First is Frierson Avenue looking east from 45th street.

11:39:26 It is an approved street.

11:39:30 Next is looking west at 47th street; from Frierson.

11:39:36 And this is the alleyway looking south from Frierson Avenue,

11:39:40 the alleyway is unimproved.

11:39:44 And this is a photo of city property looking south from

11:39:48 Frierson Avenue.

11:39:49 This is the existing stormwater pond.

11:39:53 And this is the north side of Frierson looking north of

11:40:02 Frierson.

11:40:02 At the most of the properties have been demoed at this time.

11:40:06 And another shot.

11:40:11 Staff has no objection to this request, that a dead-end be

11:40:16 installed, Frierson dead-end, and stormwater is here if you

11:40:21 have any questions about the project.

11:40:22 >> Any questions from council members?

11:40:24 Anyone in the audience care to speak on item number 50?

11:40:28 Five oh?

11:40:30 I see no one.

11:40:32 I have a motion to close by Mr. Reddick.

11:40:34 Second by Mrs. Montelione.

11:40:36 All in favor of the motion?

11:40:38 Opposed?

11:40:38 The ayes have it unanimously.

11:40:40 Mrs. Montelione, would you kindly take the ordinance,

11:40:43 please?

11:40:44 >> Certainly, sir.

11:40:45 And I do want to say we have a lot of flooding.

11:40:47 So expanding upon is a good thing.

11:40:49 >> That's why I gave it to you.

11:40:51 >>LISA MONTELIONE: Thank you.

11:40:54 An ordinance being presented for first reading

11:40:56 consideration, ordinance vacating closing discontinuing a

11:41:00 bon dong a portion of Frierson Avenue lying east of 45th

11:41:04 Street West of 47th street and a north south alleyway

11:41:07 east of 45th Street West north of the shadowlawn street,

11:41:12 and replat of Hillsborough Heights, a subdivision in the

11:41:22 City of Tampa, Hillsborough County Florida the same being

11:41:25 more fully described in section 1 hereof.

11:41:28 >>CHARLIE MIRANDA: Motion by Mr. Reddick and seconded on a

11:41:33 close vote with Mr. Suarez.

11:41:35 Motion carries unanimously.

11:41:39 Number 51.

11:41:39 >>BARBARA LYNCH: This is vacating 14-10, an application by

11:41:43 Metropolitan Ministries to vacate an alleyway that is

11:41:46 located in Tampa Heights.

11:41:48 It lies between Amelia and Frances and runs from Tampa

11:41:52 street to Florida Avenue.

11:41:54 And I have a map for the overhead.

11:42:00 The property is outlined in red and the alley in yellow.

11:42:03 And as you noticed the Metropolitan Ministries does not own

11:42:05 all the property abutting on the alley.

11:42:09 The alley is improved.

11:42:10 And I have some photos.

11:42:14 The first is the alleyway log west from Florida Avenue.

11:42:19 Next is the alleyway looking east.

11:42:23 This is the other owner.

11:42:27 Here is a shot at the alleyway looking west from Tampa

11:42:30 Street.

11:42:34 The petitioner's property.

11:42:35 This is looking west from Tampa Street, north of the

11:42:37 alleyway.

11:42:43 Petitioner's property.

11:42:44 This is looking west from Tampa Street lying south of the

11:42:46 alleyway.

11:42:51 This is petitioner's property looking north on Frances

11:42:53 Avenue at Tampa Street.

11:42:58 On the north side of, I think, Amelia, there are some houses

11:43:06 that are going to be relocated off the property.

11:43:08 And I have some shot of those.

11:43:12 This is the alley behind this house, and this house is being

11:43:16 relocated.

11:43:18 These are properties I believe being relocated as part of

11:43:21 their project.

11:43:25 This is another house.

11:43:27 And another house that's going to make room.

11:43:32 This is a shot at hallmark.

11:43:37 And these are a couple shots of the petitioner's property on

11:43:40 Frances Avenue.

11:43:46 And this is just the parking lot for hallmark on the north

11:43:51 side of the alley.

11:43:52 They have a parking lot.

11:43:56 Parking is here.

11:43:57 And this went to ARC.

11:44:06 They did receive an approval to move the houses and there's

11:44:11 a denial on the alley.

11:44:12 I have somebody from historic preservation to answer any

11:44:14 questions you may have about that request.

11:44:17 Also, the petitioner has been in contact with us about

11:44:21 possibly reducing the vacating to a partial vacating for

11:44:27 their property and installing a T-cut turnaround and

11:44:30 transportation had in a problem with.

11:44:32 That I will show you the alternate plan that they had

11:44:35 requested.

11:44:35 It would be to reduce the vacating to just a piece of alley,

11:44:41 they own both side of the alley.

11:44:43 And as a result of that, would be to put in a turnaround

11:44:46 would be like a function that you could come in here and

11:44:49 then come out.

11:44:50 Transportation had approved that.

11:44:55 So as I said, we had an objection from the ARC through

11:44:59 historic preservation.

11:45:00 If this is approved we do need an easement.

11:45:06 >>CHARLIE MIRANDA: Petitioner?

11:45:08 >> Truett Gardner, north Ashley, here on behalf of

11:45:14 Metropolitan Ministries.

11:45:14 And this is a school that they are working on just with the

11:45:19 school board that would service the children and

11:45:23 Metropolitan Ministries, and Tim marks with Metropolitan

11:45:25 Ministries is going to speak about it, the vision briefly.

11:45:30 But I would address the land use perspective.

11:45:32 This is the last piece, and it's a critical piece of a long

11:45:37 process that we have been through.

11:45:39 So far, we have rezoned one property, which was granted,

11:45:43 recommended by the ARC, a proved by you last week.

11:45:47 We have sought and received the approval to relocate three

11:45:50 historic homes, and to demolish another, and Sol Fleishman

11:45:59 is our architect will speak to the functionality of the

11:46:01 school it and why it critical this piece be vacated.

11:46:04 But before I introduce him and Sol, I wanted to just touch

11:46:07 on a few points.

11:46:09 And first is the ARC's recommendation.

11:46:12 They were in support of the project, but they felt like

11:46:16 their standard, which are entirely different than your

11:46:18 standard, tied their hand and made them have to recommend a

11:46:23 non-approval of this application.

11:46:25 That being said, they acknowledge that council would have an

11:46:28 entirely different standard, and, in fact, through a little

11:46:32 research, it's very similar to a matter you had two months

11:46:37 ago which is the Cuban club where you had the Barrio Latino

11:46:41 applying a set of standard, and council applied its

11:46:44 standard, and the vote was council, I believe, was 7-0 on

11:46:49 that.

11:46:50 Next, with respect to your standards, I asked and received

11:47:01 from legal staff a memorandum which I am going to put two

11:47:10 things into the record.

11:47:11 One is a copy of a memorandum.

11:47:12 The second is my memo based off of that.

11:47:16 And Marty is not here but I will --

11:47:28 This is the first item that I handed Mr. Suarez, which is

11:47:32 the memo, and you can see it's from Julia Mandell, and it's

11:47:40 the council standard when they review vacations of

11:47:46 right-of-way, and the permit part is what I highlighted in

11:47:49 pink which state, City Council should consider the following

11:47:51 criteria when deciding upon an application to vacate a

11:47:55 right-of-way.

11:47:56 And from that you see all this in the box.

11:48:04 And I will just run through it very quickly.

11:48:08 But number one states based on the report that evidence

11:48:10 presented at the public hearing is in the interest of the

11:48:14 general welfare to vacate the subject street or alley, and

11:48:17 that city attorney gave an example to have that.

11:48:20 Will it alleviate or relieve the public from the cost of

11:48:23 maintaining the right-of-way which is in a longer useful or

11:48:27 used by only a few members of the public?

11:48:28 On that, yes, the city will be relieved from maintenance,

11:48:33 and also, it is very infrequently used.

11:48:40 Next, will it alleviate a public nuisance such as dumping or

11:48:45 curtail activity?

11:48:50 And you can see this is definitely not how you picture a

11:48:53 quaint alley in Hyde Park Village.

11:48:55 These are all photographs taken either in the alley or

11:48:58 immediately next to it.

11:48:59 It's basically become a front door are for vagrants to dump

11:49:05 and to live behind homes.

11:49:07 You can see trash everywhere, people living in and

11:49:12 understood the homes, and it's really just a very

11:49:15 unfortunate situation, but it directly addresses that point.

11:49:22 Then number two, will owners access to property be

11:49:26 completely cut off or substantially diminished?

11:49:29 With what we are proposing, now it a partial, the answer to

11:49:34 that is no on both front.

11:49:36 And then can the general public interest be served by

11:49:39 approving the vacating petition subject to conditions being

11:49:43 opposed?

11:49:44 For example, we are granting the easement back to the

11:49:48 facility.

11:49:48 Then finally, vacating an alley, the entire alley being

11:49:52 vacated? If not then a proper turnaround be provided?

11:49:57 And this again for a full vacating, so we are fine with

11:50:00 proceeding with the partial vacating and I did forget one

11:50:06 which is important, the last example understood number one,

11:50:09 will redevelopment of the abutting properties?

11:50:11 And that's a resounding yes.

11:50:15 The development of this school.

11:50:19 And then next I just want to touch on the precedent here.

11:50:38 Everything you see in red is a prayer taking.

11:50:40 And you can see in general there is a tremendous precedence

11:50:44 of vacating in the neighborhood, and if we drill down a

11:50:48 little bit, I want to point out two things.

11:50:50 One, I have three boxes, this being one, which is Lee

11:50:58 elementary which is a magnet school.

11:51:00 This is the city-wide, educational purposes and has

11:51:03 classrooms.

11:51:04 And this box right here is Brewster technical.

11:51:09 All three of these show vacatings for each one, and not only

11:51:13 is there precedence in hate, but as relate to educational

11:51:18 uses.

11:51:18 And this is our property here with the alley that we are

11:51:22 proposing to vacate in purple.

11:51:24 If you take the stretch from traffic light to traffic light,

11:51:28 of Palm Avenue on the south, Columbus on the north, and then

11:51:33 Tampa to Florida which is the commercial corridor, and look

11:51:36 at that, we are the only property in that stretch that does

11:51:41 not have an alley that's already been vacated, so a point of

11:51:47 precedence.

11:51:47 And lastly, we have received some comments and concerns from

11:51:51 the hallmark factory that Barbara showed, and their concerns

11:51:57 dealt with access, and we have worked closely with our

11:52:00 engineers, our architect, city right-of-way, city

11:52:04 transportation, and they have agreed to this turnaround and

11:52:07 we are fine to proceed with that alternate plan, and would

11:52:13 request your approval.

11:52:14 And I will turn it over to talk of the vision and.

11:52:21 >> Are you going to make a request for one or the other of

11:52:24 the two alternatives or are you leaving that up to us?

11:52:28 >> Actually, yesterday we decided that not only are we fine

11:52:30 with the alternate, that we will present that to you as our

11:52:36 favorite of the two.

11:52:37 >> Thank you again, Mr. Chairman, and members of City

11:52:45 Council.

11:52:45 We appreciate the partnership that we have had with the

11:52:48 city.

11:52:49 My name is Tim marks and I serve as the president of

11:52:52 Metropolitan Ministries.

11:52:55 This is an opportunity to advocate for the partnership

11:52:59 school, and it is about partnerships.

11:53:01 And I would like to enter into the record two letters of

11:53:03 support, one from superintendent Maryellen Elias and one

11:53:10 from the association which illustrate their support for the

11:53:15 school and our stakeholdering to meet within the community

11:53:18 and the Tampa height community.

11:53:19 So we'll enter those in.

11:53:23 Our focus is on families.

11:53:24 Our focus on children helping them move to self-sufficiency.

11:53:29 We have 309 families that now live in our campus.

11:53:33 We will soon have 100 by this week.

11:53:35 Our school is at capacity.

11:53:37 We have an education model that started in 199 as the

11:53:40 first charter school for a homeless facility in the country.

11:53:44 Through the years we have seen tremendous outcome for those

11:53:46 families and those children.

11:53:48 For the last five years, we have created a safe environment

11:53:52 that was consistent with the Jessica Lunsford act and moved

11:53:56 our school off-site to our neighbors, the YMCA, and when we

11:54:02 moved off-site five years ago, we turned our school inside

11:54:05 out to be a community resource, a place where our children

11:54:08 could attend.

11:54:09 The neighborhood children could attend as well as our

11:54:11 alumnae children.

11:54:13 That school is at capacity.

11:54:16 As we move forward with our plan, we started to accumulate

11:54:21 this property.

11:54:21 We have spent millions of dollars in accumulating the

11:54:24 property, and our design.

11:54:27 We have an opportunity to close on all our financing by the

11:54:32 end of this June.

11:54:33 So I as I advocate for this school, I am really advocating

11:54:36 for our children.

11:54:37 But I will tell you at this point it a critical time.

11:54:40 Private funds will be put together to build this school.

11:54:43 That's why we care so much about our children.

11:54:45 We are not asking tax dollars to be used nor school.

11:54:49 It private donors who have seen the difference that a school

11:54:53 that is close to our campus Provide for our families.

11:54:57 Our families had gaps in their education.

11:55:01 They have all experienced trauma.

11:55:03 Having school close by makes a difference.

11:55:06 And what also makes a difference is the collaboration with

11:55:09 the school district of Hillsborough County.

11:55:11 Today, we pay for the lease at the Y.

11:55:14 The school district comes along side and provides the

11:55:17 academic support.

11:55:18 When we are at capacity that means someone needs to make a

11:55:21 change and make an improvement.

11:55:22 That's Metropolitan Ministries.

11:55:23 We are making that investment in the school.

11:55:25 The district will provide the academics.

11:55:28 We need a safe place for our children, and a place where

11:55:31 partner can be involved in their education whether you walk

11:55:34 across the street and care for the families.

11:55:37 Our families don't have transportation.

11:55:39 And the last comment is the last ten families we moved in,

11:55:42 we had a grandmother raising her grandkids.

11:55:44 We have people moving from their garage, friends garages to

11:55:48 live on our campus.

11:55:49 We have individuals with guide dogs.

11:55:51 We have people that have mobility challenges.

11:55:54 Having a school close by is what we need to deal with the

11:55:56 technical aspects of our proposals, let me turn it over to

11:56:00 Sol.

11:56:15 Oh.

11:56:16 >>CHARLIE MIRANDA: We have members of the audience and then

11:56:17 five minute of rebuttal.

11:56:18 >> Sol Fleishman, Jr., 324 Hyde Park Avenue, Tampa.

11:56:23 I'm the architect of record for Metropolitan Ministries.

11:56:27 The to place a school on Florida Avenue is appropriate and

11:56:32 consistent with the Tampa comprehensive plan, the Tampa

11:56:37 Heights neighborhood concept plan, and the school district

11:56:42 at Hillsborough County.

11:56:45 Safety and security requirements.

11:56:47 Understood the Tampa comprehensive plan, under chapter 3,

11:56:51 Tampa Heights is described as an urban village, and among

11:56:56 other types of development, in an urban village, is a

11:56:59 school.

11:57:01 The Tampa Heights neighborhood concept plan suggests that

11:57:03 the area between Florida Avenue and Tampa Street is town

11:57:09 centered, with multi-story buildings on the edges of the

11:57:14 Main Street, Florida and Tampa.

11:57:18 And the school district for county it mandates a fenced

11:57:28 secured school for the safety of our children and our plan

11:57:31 is consistent with all three of those.

11:57:32 The partnership school should be located with Florida Avenue

11:57:39 because it works as an efficient school plan, and safe and

11:57:45 convenient ingress and egress of visitors, of parents, of

11:57:49 the school staff. Historically it is an important civic

11:58:02 institution, and it's oriented facing a main thoroughfare.

11:58:07 And Tampa Heights has lots of precedence for that.

11:58:16 There's Lee elementary that faces Columbus Drive.

11:58:18 There's Brewster Tech that faces Tampa Street.

11:58:21 There's Central City YMCA school that faces Palm Avenue.

11:58:25 And Mr. Miranda's alma mater, Jefferson high school, faces

11:58:31 Highland Avenue.

11:58:32 >> Don't forget Jeff's cookies.

11:58:36 I saw it on the picture.

11:58:38 >> And other historic district like Hyde Park, we have the

11:58:42 middle school that faces Swann Avenue and be faces South

11:58:47 Boulevard, Seminole Heights, we have both Hillsborough and

11:58:49 memorial.

11:58:56 So there's ample precedent for schools facing major

11:58:59 thoroughfares.

11:58:59 And we have to have the alley either fully or partially

11:59:02 vacated for our school to face Florida Avenue.

11:59:10 We'll take a quick look at our options.

11:59:21 This is our only option, the school facing Florida Avenue

11:59:25 and the alley totally vacated.

11:59:28 The school, we have ingress and egress off of Frances, and

11:59:33 Amelia.

11:59:35 We have playgrounds, parking.

11:59:50 We study option 2 so the alley shown in gold with the

11:59:54 turnaround right here, and the only negative to it is we

12:00:02 lose eight parking spaces.

12:00:04 (Bell sounds).

12:00:05 >>CHARLIE MIRANDA: Continue.

12:00:06 >> There's eight parking spaces and the dumpster moves a bit

12:00:09 away.

12:00:11 Thank you very much.

12:00:11 Look forward to your questions.

12:00:13 >>YVONNE CAPIN: Very quickly.

12:00:17 When I was at Jefferson high school, on the corner of

12:00:19 Columbus drive and Highland, was the sugar shack.

12:00:27 >>CHARLIE MIRANDA: Well, which one were you?

12:00:34 [ Laughter ]

12:00:44 I remember.

12:00:45 That but when I was there I was so much older than you, I

12:00:48 was called the dragonet.

12:00:51 And I was the dragon.

12:00:53 Anything else, sir?

12:00:54 Okay.

12:00:55 And let me say this.

12:00:59 I am looking at this agenda, looking at two appeal hearings,

12:01:02 and the audience has been here a long time.

12:01:05 If council permits me an additional hour to 1:00, so that we

12:01:08 don't have to leave and come back, and good people have to

12:01:12 leave and come back and we satisfy both party.

12:01:14 If you agree to that, I think we can go through the agenda.

12:01:18 >>LISA MONTELIONE: Move to 1:00.

12:01:20 >>CHARLIE MIRANDA: I said I think.

12:01:22 I didn't say I was.

12:01:23 I have a motion for 1:00 for an hour extension by Mrs.

12:01:26 Montelione.

12:01:27 Seconded by Mrs. Capin.

12:01:32 Second that for one hour?

12:01:33 Okay.

12:01:34 All in favor of the motion please indicate by saying aye.

12:01:36 Opposed nay.

12:01:38 The ayes have it unanimously.

12:01:39 We'll go to 1:00 and see what happens.

12:01:41 Hopefully we can get through.

12:01:43 Okay.

12:01:43 We have heard from the petitioner.

12:01:45 Anyone in the audience care to speak on item 51, please come

12:01:48 forward.

12:01:48 >> Michael, Becker and Poliakoff, I represent hallmark

12:02:07 emblems, we filed.

12:02:10 If you don't have copies of that in your packets let me

12:02:12 know.

12:02:13 I have additional copies to pass around.

12:02:15 Basically, I have some prepared remarks, but as the

12:02:19 petitioner spoke there are a few things that come to mind

12:02:22 that I think I need to address first and go through my time

12:02:24 as quickly as I can.

12:02:26 Chiefly, this appears to be a very, very critical peace to

12:02:29 their overall plan for development.

12:02:31 A lot of the discussion, a lot of the presentation thus far

12:02:34 has really been on the value of the school which we have no

12:02:40 objection to whatsoever.

12:02:41 We just think that much like the hearing a couple hours ago,

12:02:46 if this is a critical piece of the planning of this process

12:02:48 then why didn't they speak to Hallmark Emblems who owns the

12:02:52 rest of the block, and make a design which is much more

12:02:55 suitable and compatible with the adjoining just of the

12:02:59 historic building instead of us finding out about it through

12:03:01 the notice to vacate and then filing an objection letter and

12:03:05 then changing the plans yesterday.

12:03:06 So really, from our perspective we would like to find a way

12:03:11 to make this work.

12:03:13 I do be see Mr. Gardner's memo in terms of showing the

12:03:18 debris and the items in the alley in terms of corporate, or

12:03:25 the reality is behind the properties that they are already

12:03:28 moving the homes away from, a lot of stuff will be cleared

12:03:31 out, and we clean the alley behind our building in between

12:03:34 our parking areas.

12:03:35 So it's one of those things that I think when the dead-end

12:03:41 there, especially in the revised version, I think it going

12:03:49 to create a problem.

12:03:53 Hallmark emblems has been in existence for a while.

12:03:56 They owned this property, the building wag built in 1926 and

12:04:00 expanded in 19 -- and it was expanded as historical

12:04:06 significance.

12:04:09 I do think that the alleyway is critical.

12:04:11 There are a lot of access for vehicles to and from Florida

12:04:14 Avenue and Tampa Street.

12:04:17 It also is for employees to cross back and forth to the

12:04:21 building. We think partial vacation creates issues for the

12:04:24 types of vehicles that deliver to the property and the

12:04:27 turnaround, where a truck may not be able to make that turn

12:04:30 around, where we have to go all the way down to Florida

12:04:33 Avenue to come up Tampa Street.

12:04:35 So we think those issues are critical, and were overlooked

12:04:38 in their planning.

12:04:39 Really we would like to have the opportunity to work with

12:04:41 them again.

12:04:42 They suggested various alternatives to us.

12:04:46 And kind of putting the cart before the horse and we do

12:04:50 believe that the school should have an opportunity to be

12:04:51 operated there and be constructed there.

12:04:54 They approach the process backward, and they brought this

12:04:57 critical piece that would have an objection from the

12:04:59 property owner at the last moment

12:05:05 I did have additional comment.

12:05:06 But because my time is up.

12:05:10 >>CHARLIE MIRANDA: Another minute.

12:05:10 >> Another minute.

12:05:11 I appreciate it.

12:05:12 The building in the terms of safety consideration is one

12:05:15 that is most critical concern to us.

12:05:17 You have the alley there.

12:05:18 And again, Metropolitan Ministries purpose is one that we

12:05:22 support.

12:05:23 And it's not -- it's a great idea but we don't want in the

12:05:26 our backyard.

12:05:27 We welcome them in the area.

12:05:29 We welcome the school in the area as well.

12:05:30 But the reality is people are have a need and many of them

12:05:35 don't have homes, many of them don't have -- so the concern

12:05:39 you have is you are creating a dead-end alley which to the

12:05:42 flow of traffic and access before might have been great.

12:05:44 Now the situation becomes one of potential issues down the

12:05:48 road which haven't been addressed, and also the concern if

12:05:52 the trucks go down and turn around, there is a greater

12:05:57 concern from the relatively light density use of residential

12:06:00 to a more condensed use of the school use and the amount of

12:06:05 children in the area, and those are concerns that we believe

12:06:09 require denial of the petition to vacate the alley.

12:06:11 Thank you.

12:06:11 (Bell sounds).

12:06:14 >>MIKE SUAREZ: Could I ask you a quick question?

12:06:15 How long ago did you get contacted by your client to

12:06:20 start -- contacted by your client to start this process?

12:06:24 >> Our client received notice I believe in early April.

12:06:27 >> You were retained at that time?

12:06:28 >> I spoke with them about it briefly.

12:06:30 I was retained to come to this hearing today.

12:06:33 We discussed the concerns and filed on April 11th.

12:06:39 >> Let me ask you my questions and then we'll go forward.

12:06:42 So in April is when you first started essentially the

12:06:46 process of looking at what they were going to do with the

12:06:50 alley and vacation portion, correct?

12:06:52 >> That's correct.

12:06:52 >> And the first iteration of the alley vacation was the

12:06:59 entire alley and that was the first thing you saw at that

12:07:01 time.

12:07:02 Obviously the second iteration is the partial vacation as

12:07:05 opposed to the entire vacation.

12:07:08 Are you saying now that you have not had time to look at the

12:07:11 second iteration of that particular plan?

12:07:13 >> The second iteration I saw on the screen today for the

12:07:16 first time.

12:07:17 >> So this is the first time you have seen that?

12:07:20 Our staff is agreeing to that.

12:07:23 Thank you very much for your time and for making that

12:07:25 presentation.

12:07:26 >> Do you have it in your packet?

12:07:30 >> We probably do.

12:07:31 If you would like to give it to our attorney and then we'll

12:07:34 pass it out.

12:07:34 That would be great.

12:07:36 Mr. Gardner?

12:07:37 >> I believe there maybe other members from the public.

12:07:52 >> We will keep running our meeting.

12:07:58 A quick question, Mr. Gardner.

12:08:00 And the question I have is this.

12:08:01 In terms of the second iteration, it probably is -- and this

12:08:05 is just my guess based on what I have seen -- because of

12:08:09 discussions that you had with the other property owners, ham

12:08:16 mark emblem, he made a comment about going back and talking

12:08:20 to you.

12:08:27 Do you have any objection to him going forward and saying

12:08:29 let's find out something on this?

12:08:30 >> We do have a critical time an issue.

12:08:33 As soon as we received his letter it kicked into action with

12:08:36 the staff, it directly addressed their concerns.

12:08:39 And I believe we accomplished that with the ability to turn

12:08:42 around.

12:08:44 >> Well, he's here objecting to the second iteration of it.

12:08:48 So my point is that if he is saying -- and I think that our

12:08:52 staff is agreeing that this is the first time that he had

12:08:56 seen it -- there is -- it kind of begs the point is which is

12:09:03 should we go ahead and talk about this a little snore now

12:09:05 again he may come back and say, we don't want anything done

12:09:07 at all, then again, I don't know that, only based on what I

12:09:14 heard from him.

12:09:15 So I am putting that out there because obviously he put that

12:09:18 on the record, and I think that we should discuss that.

12:09:21 >> Gardner: I appreciate that.

12:09:25 And I will take this opportunity if it's okay to respond to

12:09:27 that.

12:09:27 And I am not here to question his sincerity.

12:09:30 But there are a couple things that I did want to point out.

12:09:32 This is the letter that we received a copy of from the owner

12:09:36 Hallmark emblem.

12:09:41 And there's a couple of things that are interesting.

12:09:43 One is C, occupant of the building.

12:09:46 The reasons for their concerns.

12:09:48 Our owners and employees look to the alley as a necessary

12:09:51 means of egress from the building incentive of an emergency

12:09:55 situation.

12:10:00 This is the northern facade of their building running all

12:10:02 the way from east to west down the alley.

12:10:05 There is not one single egress point.

12:10:08 And I have looked at it three different times from their

12:10:10 building.

12:10:15 Secondly, delivery.

12:10:16 The alley is a means of access for delivery trucks and

12:10:19 supply vehicles that would limit access to the locations and

12:10:24 recent traffic concerns.

12:10:26 Again not a single access point on the northern facade of

12:10:29 the building.

12:10:30 On the southern facade -- that receive delivery.

12:10:39 And lastly and perhaps most strongly, we received from the

12:10:46 owner, which was not requested by us and presented by them,

12:10:52 and the intent to purchase their property for $3.9 million.

12:11:00 I have seen a lot of $3.9 million buildings and this is not

12:11:03 one.

12:11:04 Our thought is in coming up with the alternative solution,

12:11:07 this is an issue that is not going to be resolved, and

12:11:10 that's why we presenting the alternate plan.

12:11:12 >>MIKE SUAREZ: Thank you for that explanation.

12:11:16 And I will say it looks to me like based on some of the

12:11:18 photographs that maybe it is looked at only as a

12:11:22 pass-through for people to come back and forth, which

12:11:25 happens with a lot of alleys in the City of Tampa.

12:11:28 Thank you, chair.

12:11:29 >> Thank you very much.

12:11:30 Mr. Cohen?

12:11:31 >>HARRY COHEN: Mr. Gardner, you mentioned that you would

12:11:33 have some time constraints on your end.

12:11:35 Are those related to the financing issues and also the

12:11:38 issues of getting the school open?

12:11:39 >> Correct.

12:11:41 >>HARRY COHEN: That's what I understood from Mr. Marks.

12:11:43 >> If you want details on that Metropolitan Ministries,

12:11:46 probably the school board can provide those details better

12:11:48 than me.

12:11:49 But yes, that is the concern.

12:11:50 >> And I see a school board representative here.

12:11:53 >>CHARLIE MIRANDA: Anyone else in the audience who has not

12:11:55 spoken would care to speak at this time?

12:11:58 >> I'm Suarez, the general manager for planning for

12:12:04 Hillsborough public schools, 901 East Kennedy Boulevard.

12:12:09 The school is not the applicant in this case but we do plan

12:12:13 to be the operator of the school, and we are currently

12:12:16 operating this very, very small school that Metropolitan

12:12:19 Ministries has today.

12:12:23 The school as you know waits for no one.

12:12:26 School will start August 2015 regardless whether this

12:12:30 building is finished or not of the having this school

12:12:32 finished in August 2015 is most desired so we are not

12:12:38 overcrowd in the facility that we already have there.

12:12:41 So really, I came today to tell you that the alley, vacation

12:12:45 of the alley, we are not on the design portion or any of

12:12:48 that other part yet, but we can't have our campus bifurcated

12:12:54 by a public accessway.

12:12:56 As you know, we are in a situation now where we are securing

12:13:00 our campuses the best we can.

12:13:04 Vacating this portion of the alley and even as modified by

12:13:07 the applicant would ensure that we will be able to ensure

12:13:10 the campus without a public alley going through it.

12:13:14 So from our perspective, the timing is important, as is the

12:13:18 security of the students and having no public access through

12:13:22 our campus, or their campus that we will operate.

12:13:26 So I appreciate your consideration of that today.

12:13:28 >>CHARLIE MIRANDA: Thank you very much.

12:13:28 Anyone else in the audience who has not spoken who would

12:13:31 care to speak on this matter?

12:13:34 51, vacation number 14-10, please come forward.

12:13:38 If there's any other, please come forward, in the he is

12:13:41 accepts of time.

12:13:41 >> I'm Scott Marco, one of the owners of Hallmark emblem.

12:13:47 And to rebut some of the teams that were taken, first and

12:13:53 foremost the letter's intent.

12:13:55 We were approached by the Metropolitan Ministries, and they

12:14:00 asked us if we wanted to sell our property.

12:14:03 At that point we did not want to sell our property.

12:14:07 We have equipment that has to be moved, and things that have

12:14:11 to be done that captain be done easily.

12:14:15 So that letter of intent is a draft, and was presented to

12:14:19 them.

12:14:19 That is true.

12:14:20 The other thing is the timing issue.

12:14:22 This is such a critical amount.

12:14:26 Part of it, why was everything held off total very end

12:14:29 before we were approached?

12:14:31 My personal opinion is -- and I speak personally -- that it

12:14:35 was so we wouldn't have time to react to it.

12:14:40 And like he said, we are for the schools.

12:14:42 We are for what Metropolitan Ministries does.

12:14:45 That accessway is also used, can also be used by fire

12:14:50 trucks, things like that.

12:14:52 Part of our insurance tells us I not a good thing that gets

12:15:02 closed, your rates are going to close because now there's

12:15:05 360º access to our area.

12:15:09 That's just what I wanted to say.

12:15:11 Thank you.

12:15:21 >>CHARLIE MIRANDA: All right.

12:15:22 Anyone else who has not spoken?

12:15:28 Let me give the petitioner a couple of minutes here to

12:15:30 rebut.

12:15:31 That way the record is clean.

12:15:32 You have five minutes.

12:15:34 I appreciate it if you take less.

12:15:36 >> First and foremost, this is not a clamp down on our side.

12:15:39 This has been communicated over the years.

12:15:41 And Morris Simpson is going to close and he will speak to

12:15:45 that.

12:15:45 But that's the legal issues.

12:15:46 I believe, one, we meet your legal standard for vacating.

12:15:51 Secondly, we have also demonstrated the precedence in Tampa

12:15:54 Heights, but as it relates in general to schools, and to

12:15:58 this corridor in particular.

12:16:00 And then thirdly, when we did receive the letter, we tack

12:16:03 every single one of those concerns to heart.

12:16:05 And we feel when you read that, that we have addressed all

12:16:08 of them.

12:16:10 We are not vacating their portion of the alley at all and

12:16:15 they will be provided with a safe T-turn around that has

12:16:19 been provided by your transportation staff as well as the

12:16:22 right-of-way department and we are fine to proceed with

12:16:24 that.

12:16:28 >>CHARLIE MIRANDA: Thank you very much.

12:16:28 Mrs. Capin, motion to close?

12:16:32 Well, if you are speaking, you have to speak again but I

12:16:35 know he's with you.

12:16:36 Go on.

12:16:37 >> I just wanted to clarify a bit of the time line.

12:16:43 Two years ago, a couple of days ago, we broke ground on

12:16:49 miracle place.

12:16:50 And I personally, personally carried what our plans were the

12:17:00 technical school to Hallmark people, to businesses

12:17:03 immediately around.

12:17:05 We were talking to the neighborhood at large.

12:17:07 And I actually left a design for what do you call, the site

12:17:13 plan concept of where the school would go.

12:17:16 So I just want to be clear.

12:17:19 This isn't something that just came up.

12:17:21 We have been talking about this.

12:17:23 And one of the reasons that we have approached them, I

12:17:28 approached them simply saying, if you guys ever decide to

12:17:30 sell, just give us the opportunity of looking at it.

12:17:36 And that's how this all unfolded as far as the conversation.

12:17:40 So this is not a last-minute thing.

12:17:42 Thank you.

12:17:47 >>CHARLIE MIRANDA: We are going to close.

12:17:48 And do you want rebuttal against your client?

12:17:51 You are welcome.

12:17:52 >> Absolutely not.

12:17:53 >>CHARLIE MIRANDA: Thank you very much.

12:17:55 >>YVONNE CAPIN: Motion to close.

12:17:56 >> Second by Mr. Cohen.

12:17:57 Further discussion by council members?

12:17:58 All in favor of the motion please signify by saying aye.

12:18:01 Opposed nay.

12:18:02 The ayes have it unanimously.

12:18:03 Who want to read this ordinance?

12:18:04 >>MIKE SUAREZ: I present an ordinance first reading

12:18:08 consideration, an ordinance vacating, closing,

12:18:09 discontinuing, and abandoning a portion of an alleyway lying

12:18:14 east of Tampa Street, west of Florida Avenue, south of

12:18:16 Amelia Avenue, and north of Frances Avenue, in plan of Munro

12:18:22 and McIntosh's addition, a subdivision of the City of

12:18:25 Tampa, Hillsborough County Florida, the same being more

12:18:28 fully described in section 1 hereof, subject to certain

12:18:31 easement reservations, covenants, conditions and

12:18:34 restrictions more particularly set forth herein, providing

12:18:37 an effective date.

12:18:37 >> Second.

12:18:40 >>CHARLIE MIRANDA: Ford record, I have a motion by Mr.

12:18:41 Suarez.

12:18:42 A second by Mr. Cohen.

12:18:43 This is the one that's got the partial closing.

12:18:46 >> Correct.

12:18:47 This is the substitute.

12:18:54 >>CHARLIE MIRANDA: Second by Mr. Cohen.

12:18:55 Further discussion?

12:18:57 All in favor?

12:18:58 Opposed?

12:18:59 Motion passes unanimously.

12:19:01 And I need 50 and 51, those two dates for second reading.

12:19:07 >>CHAIRMAN: Item 50 and 51, the second reading for both

12:19:10 will be held on June 5th, 2014 at 9:30 a.m.

12:19:17 >>CHARLIE MIRANDA: Thank you very much for attending.

12:19:19 Before I go to 52 and 53, 54 is one that needs to be

12:19:25 rescheduled to June 26, 2014 at 10:00 -- 10:30 in the

12:19:33 morning.

12:19:33 Does anyone in the audience care to speak against the

12:19:36 continuation of this ordinance?

12:19:37 I don't see anyone.

12:19:38 I have a motion by Mr. Cohen on 54.

12:19:42 Seconded by Mr. Reddick.

12:19:43 All in favor to put that on the motion of June 26, 2014 at

12:19:46 10:30, please signify by saying aye.

12:19:49 Opposed?

12:19:50 The ayes have it unanimously.

12:19:51 We two to item 52.

12:19:52 >>ERNEST MUELLER: City attorney.

12:19:56 I'm here to introduce the review board appeal to you, the

12:20:03 909 Frank land road south.

12:20:07 It to reduce the front yard setback from 25 feet to 19 feet.

12:20:13 The purpose is to bring the front yard elevation from the

12:20:16 addition, 16 into the front yard setback, to match other

12:20:20 portions of the front elevation.

12:20:22 Property owners received a similar variance on the front

12:20:25 side of the elevation in 2003.

12:20:28 This request is from the south side of that elevation.

12:20:31 The board denied the variance by a vote of 5-2.

12:20:34 This is a de novo hearing meaning you are stepping into the

12:20:38 shoes of the variance review board.

12:20:40 And the case will be presented in full to you.

12:20:43 You will then determine, one, whether there's an unnecessary

12:20:48 hardship, and difficulty, and, two, that the request ensures

12:20:54 the public health, safety and general welfare are protected.

12:20:59 And if those two things are met, then the variance -- can

12:21:05 grant the variance request. Having made that determination

12:21:08 you can consider the five criteria that are set forth in

12:21:11 code criteria 27-80 being handed out to you now.

12:21:15 And then depending upon your determination, council may

12:21:18 affirm the variance review board's decision, remand the case

12:21:22 back to the variance review board for further proceedings,

12:21:26 new directions to the board, or to overturn the decision of

12:21:29 the variance review board outright.

12:21:33 With that I will turn it over to --

12:21:37 >>CHARLIE MIRANDA: Before we go into that.

12:21:39 Excuse me for interrupting, Mr. Mueller.

12:21:42 I have five members.

12:21:43 When it's four -- I want to make sure that both sides

12:21:47 understand that we have just five members, not seven here.

12:21:51 Okay?

12:21:51 No one is objecting.

12:21:56 We will continue with the hearing.

12:22:04 >>ERIC COTTON: Land Development Coordination.

12:22:07 The site plan.

12:22:08 What I have done is I have highlighted in orange, this is

12:22:15 the area that was approved in 2003.

12:22:17 This is what is requested now.

12:22:22 It's highlighted in the yellow color.

12:22:23 This is an addition that was constructed already. That does

12:22:25 meet the requirements of the minimum setbacks and such.

12:22:27 >>HARRY COHEN: Does or does not?

12:22:31 I'm sorry?

12:22:32 >> Does.

12:22:33 The addition behind the front yard, that's been permitted.

12:22:35 That's under construction.

12:22:41 What they need the variance for is the portion highlighted

12:22:44 in gren that showed up in black on this site plan.

12:22:49 I'm sure the applicant's representative will show it.

12:22:52 This is the 2003 variance.

12:22:55 This is understood consideration for the board now.

12:22:58 The structure that's behind the 25 feet has already been

12:23:01 constructed.

12:23:02 This is what they are asking for.

12:23:06 You can see it maybe better in this picture.

12:23:12 >>CHARLIE MIRANDA: Mr. Cohen?

12:23:13 >>HARRY COHEN: I seem to be clear.

12:23:14 So the structure that we are discussing giving a variance

12:23:17 for has already been built?

12:23:20 >> Essentially the variance --

12:23:22 >>HARRY COHEN: Is there anything additional in the front of

12:23:25 what you are showing us?

12:23:26 >> Right.

12:23:26 This was already permitted.

12:23:27 This was addressed.

12:23:30 It's the front yard.

12:23:32 >>HARRY COHEN: It would get built onto what we are seeing.

12:23:35 I not what we are seeing in the photo.

12:23:36 >> This is the elevation that the VRB proposed.

12:23:41 This is what it's going to look like when it done.

12:23:43 This part will be in front of the 25-foot yard setback.

12:23:51 This area is --

12:23:54 >>HARRY COHEN: It's a rendering.

12:23:55 That is not a photograph.

12:23:56 Thank you.

12:23:57 I was unclear.

12:24:05 >>CHARLIE MIRANDA: Any questions at this time?

12:24:06 >>STEVE MICHELINI: Hopefully I can make this a little

12:24:23 clearer to understand.

12:24:24 We gave you a packet.

12:24:26 And on the very first page.

12:24:33 If I could draw your attention to this.

12:24:36 This portion was reviewed and approved and constructed

12:24:43 subject to variances granted in 2003.

12:24:48 And at the time, the owners believed that the variance

12:24:53 included the second portion of this other frontage side that

12:24:59 was built and it was stopped in construction after

12:25:08 permitting in 2013 as the issue surfaced.

12:25:20 This portion was constructed in 2003.

12:25:23 And when he finalized the construction permits for this

12:25:26 portion of the building, the variance for the on the side,

12:25:30 it's here.

12:25:34 It was finaled out and finished.

12:25:39 This is the section that we are asking for.

12:25:43 There is some debate about whether or not it included the

12:25:46 first variance or not.

12:25:48 In the owner's mind it was included.

12:25:51 Staff can't prove it was not included so therefore it was

12:25:54 excluded.

12:25:55 This is the portion that we are talking about.

12:26:02 >>MIKE SUAREZ: Excuse me, Mr. Michelini, let me ask you a

12:26:05 question.

12:26:05 We are looking at the request on here.

12:26:07 It says the property zoned R 75, if T applicant zoned in

12:26:12 2003, it says the site received a variance in 2003.

12:26:17 The first one you were speaking about on the front yard from

12:26:21 25 to 19 feet, the applicant did apply for design exception,

12:26:24 which I assume is that second portion based on what I am

12:26:28 reading, but was encouraged by the zoning administrator to

12:26:31 apply for a full variance given public opposition, so there

12:26:35 must have been an issue the first time in 2003.

12:26:40 Do you know any of this, that the zoning administrator had

12:26:42 any kind of --

12:26:43 >> I don't know.

12:26:44 >> And the reason I'm asking is it kind of begs the

12:26:50 question --

12:26:52 >>STEVE MICHELINI: I don't have any history on this.

12:26:53 >> No documentation based on what you said a moment ago

12:26:57 which was in the applicant's mind, he thought that was

12:27:00 approved.

12:27:02 There are in a documentations to back that up, though,

12:27:05 correct?

12:27:05 >> I am not aware of any document.

12:27:06 >> That's all I have.

12:27:13 The contractor is here and can answer that question.

12:27:20 Asking for documentation.

12:27:22 >>STEVE MICHELINI: I understand but he may know of some

12:27:24 documentation.

12:27:25 >> If you are not aware of it and you are making a

12:27:27 presentation would find that highly irregular.

12:27:30 >> The portion that was involved with the original variance,

12:27:37 this portion here, the portion that went in March was the

12:27:45 section that was denied.

12:27:52 It amounts to have a six foot section that matches what was

12:27:54 previously approved.

12:28:05 What you see constructed in the field currently -- and you

12:28:08 have photographs for you -- it's unfinished.

12:28:16 Meets the setbacks.

12:28:18 Meets all the Heights regulations.

12:28:26 It is not subject to variance.

12:28:28 And that's unfinished.

12:28:32 And is to be finished in the future pending the outcome of

12:28:37 this hearing.

12:28:38 You have that in this view on page 3, basically showing you

12:28:43 from this view, this view here, which is a blank wall.

12:28:50 That's subject to the variance.

12:28:55 He can do that right now without any further action by the

12:28:58 city.

12:29:12 Page 4 is the did, how to finish off the front of that wall

12:29:16 and not make it such a massive blank front wall, and that's

12:29:22 what the request would allow to happen.

12:29:33 The variance was granted in 2003 with the addition.

12:29:42 Page 5 in your packet shows you the colored portion which is

12:29:51 subject to the variance request.

12:29:54 And on page 6, you have the rendering in 3-D of what the

12:30:00 home would look like.

12:30:03 And you also have the view from the adjacent neighborhood.

12:30:22 So the request is to reduce the front yard setback on that

12:30:23 portion from 25 feet to 19 feet.

12:30:26 The main structure as well as the remainder of the home, as

12:30:30 you see it sitting, meets all the setback requirements.

12:30:36 This is a view looking southward from the front porch, and

12:30:41 this is the area that is the subject area for the variance.

12:30:46 It's right in here.

12:30:56 This is an actual photograph of you of the area that would

12:31:00 be the subject of the variances and would not be visible

12:31:07 from the south side at all.

12:31:22 This is a photograph of a similar property in the area

12:31:24 showing the two separate portions protruding out into the

12:31:29 front.

12:31:30 In addition, on this subject property there's another 19

12:31:36 feet from the property line to the evenly of the pavement

12:31:38 which would further mitigate any concerns and its impact on

12:31:47 any of the properties.

12:31:49 It provides for additional buffering.

12:31:52 Is not visible because of the trees and the heavy

12:31:55 landscaping adjacent to it on the south side.

12:32:03 And it enables the property owner to finish off the south

12:32:05 side of the house which he thought was originally included.

12:32:08 The problem only surfaced in 2013 when they went in for

12:32:12 permitting in December, and as I said, I showed you the

12:32:15 picture could be instruction stopped pending the outcome of

12:32:26 this to City Council.

12:32:27 He would like to finish it and it would be fully enclosed

12:32:30 with lap board siding in the front and along the sides.

12:32:36 And it would match the rest of his house.

12:32:40 There has been some discussion about whether or not this

12:32:43 impacted stormwater runoff and everything is currently built

12:32:49 and everything to be built would be built to code, and there

12:32:52 would be no off-site stormwater impact.

12:32:56 And you might ask, why didn't he move the structure back

12:32:59 further to accommodate that addition and provide the

12:33:03 architectural relief in the front?

12:33:05 There is an existing pool in the back that prevents that

12:33:08 from happening.

12:33:15 In addition, does it provide for some relief and some

12:33:18 hardship, or from the hardship of the original variance?

12:33:23 Disappearing and then not constructing it?

12:33:26 Had he known he probably would have gone ahead and built the

12:33:29 other section all at the same time and the issue would have

12:33:31 been raised there for clarification.

12:33:35 The second part of that is, the request is minimal

12:33:39 considering the additional spaces allowed in the front.

12:33:48 Six feet is fairly nominal space, and it's also hidden, and

12:33:53 it's consistent with various other signs of homes in the

12:33:55 area.

12:33:59 The other area, the standard for development are not

12:34:03 assigned for any particular neighborhood.

12:34:08 This particular section of Gulf view has undergone a lot of

12:34:12 new construction, brand new homes, which are much larger

12:34:16 than the older homes that are in the area.

12:34:18 And this is a remodeling of an existing older home.

12:34:25 So we are respectfully requesting your relief from this

12:34:29 provision.

12:34:29 We believe he demonstrated at least through his best efforts

12:34:33 to comply with the intent of the code.

12:34:36 Considering the hardships regarding the design and the

12:34:38 permitting that's already gone on as well as the

12:34:41 construction.

12:34:45 I believe that he has -- he has shoulder add burden which

12:34:49 other people, I mean, sometimes get into, but the health,

12:34:54 safety and welfare of others is not damaged, and there is no

12:34:58 impact on any other adjacent property owner or any other

12:35:02 property owner within the near vicinity.

12:35:07 I will give the make to the contractor briefly and he can

12:35:09 give you a summary of how we got to this point.

12:35:12 >>CHARLIE MIRANDA: Mr. Cohen?

12:35:13 >>HARRY COHEN: One question.

12:35:14 You made the comment that you sort of described it as an

12:35:18 either/or, that there could be the blank wall finishing it

12:35:23 off where it is now or the fireplace the way it's designed

12:35:25 in the rendering.

12:35:28 What prevents the fireplace from capping it off now, six

12:35:31 feet back?

12:35:35 >>STEVE MICHELINI: You can't move those.

12:35:37 These columns are in place as setback lines.

12:35:40 >>HARRY COHEN: Okay.

12:35:45 >>STEVE MICHELINI: So if the council wishes -- I mean, if

12:35:48 you are looking for some less than six feet relief that

12:35:53 might be provided, that would be, you know, certainly

12:35:56 appropriate here, but he needs some relief regardless.

12:35:59 He either needs the six feet which includes the cap.

12:36:09 Let me show you again.

12:36:22 TV six feet includes the cap and the fireplace.

12:36:26 But regardless I don't think the neighbors are going to be

12:36:29 happy with a massive blank wall.

12:36:32 >>HARRY COHEN: County be a window?

12:36:33 >> They are requesting some relief.

12:36:53 >>CHARLIE MIRANDA: Okay.

12:36:53 Contractor?

12:36:55 Mrs. Montelione?

12:36:58 >>LISA MONTELIONE: Thank you.

12:36:59 I noticed that the architect is the owner of the home.

12:37:06 And I'm curious to the statements made previously, because,

12:37:13 you know, as professional contractors, like contractors and

12:37:18 architects have a little bit more of a burden, I think, than

12:37:22 just the ordinary homeowner who is muddling through the

12:37:26 process that they don't understand.

12:37:30 And maybe this might be for Mr. Cotton, because at the top

12:37:34 of the hearing you said that it was thought by the owner, or

12:37:42 the contractor, or the architect, or both, that this was

12:37:51 included in the first variance application, but there seems

12:37:57 to be some agreement as to whether or not it was.

12:37:59 Because if it was staff's mistake that, you know, this

12:38:06 should have been taken care of in the first hearing in the

12:38:08 first granting of the variance, that's one thing.

12:38:11 But if it was not contemplated by the owner at that time and

12:38:20 then just, oh, well, add it on later, then that's another

12:38:23 thing.

12:38:24 So I'm curious.

12:38:25 Mr. Cotton?

12:38:27 >>ERIC COTTON: Land Development Coordination.

12:38:29 The original variance, what Mr. Glisson thought was, it ran

12:38:39 with the property, straight down the property line.

12:38:41 So he thought he could -- with the new proposal, the

12:38:45 setbacks.

12:38:47 And not showing up in the original hearing in 2003.

12:38:53 >>LISA MONTELIONE: He wasn't aware that -- I'm assuming

12:38:58 he's the architect, he drew the plans.

12:39:01 >>ERIC COTTON: I would imagine.

12:39:02 >>LISA MONTELIONE: So he wasn't aware that the --

12:39:05 >> Variance had the site plan?

12:39:10 >>LISA MONTELIONE: Yes, the site plan presented at the time

12:39:12 is what the variance was for?

12:39:14 >> He thought that he had the right to --

12:39:18 >> He wasn't able to attend the hearing this morning?

12:39:21 >>STEVE MICHELINI: We received -- at least I received a

12:39:25 notice early this morning that he's stuck in Chicago.

12:39:29 >>LISA MONTELIONE: Well, that's unfortunate.

12:39:44 >>STEVE MICHELINI: If you are not familiar with the process

12:39:47 regardless of what profession you are practicing in, there

12:39:49 are a lot of misconceptions about what's included.

12:39:57 And I understand your concern.

12:39:58 >>LISA MONTELIONE: I don't know if this particular

12:40:03 contractor was involved at the time of the first variance.

12:40:06 >>CHARLIE MIRANDA: Before he speaks -- were you sworn in?

12:40:11 Okay.

12:40:18 Anyone else who has not been sworn in and wants to speak?

12:40:21 And when I said 1:00, I meant in the afternoon, not the

12:40:24 morning.

12:40:24 Come on.

12:40:25 (Oath administered by Clerk).

12:40:38 >> I'm contractor for Mr. Rob Glisson.

12:40:42 To respond to Councilman Cohen's concern, this was a pre-fab

12:40:47 building.

12:40:48 The material came.

12:40:52 Design was made as specified by the owner.

12:40:54 The material came to North Carolina.

12:40:57 The building wag at that point prefabricated.

12:41:00 So it was prefabricated to fight the zin on the site.

12:41:07 This is why Mr. Glisson chose to use the front six foot as a

12:41:12 condition space for an exercise room to add some additional

12:41:16 space for his wife.

12:41:20 To modify it would mean to just some of the framing that has

12:41:28 already been designed and built for us to install this.

12:41:33 Of doors, we couldn't go any further once he realized that

12:41:36 he could not go into the six feet which he thought he had

12:41:39 when he put the -- when he did the design for the structure.

12:41:43 He thought he already had six foot.

12:41:45 He thought the variance he received back in 2003 was still

12:41:48 good.

12:41:49 And when we submitted plans and went through the zoning, at

12:41:52 that point we found out that it was not good.

12:41:54 They did allow us to go up to the 25-foot setback.

12:42:00 We are just inside the 25-foot setback now, pending the

12:42:04 outcome of our hearing here today.

12:42:05 >>HARRY COHEN: Councilman Suarez has a question.

12:42:08 >>MIKE SUAREZ: Was there anything in the N writing from the

12:42:11 city from 2003 that you saw in terms of your plans or

12:42:15 building permits, anything that said that that was an

12:42:20 allowable portion of the addition that could be put on

12:42:23 there?

12:42:24 And I assume not because usually a builder with your name

12:42:28 was mentioned or at least you as correcter was mentioned

12:42:31 that this was your understanding.

12:42:32 But is there anything in writing that you have, sir?

12:42:34 >> I haven't seen anything, sir.

12:42:36 >>MIKE SUAREZ: So you were told by the homeowner and the

12:42:39 person that hired you that it was okay to go forward because

12:42:42 of that?

12:42:42 >> Yes.

12:42:43 We were doing -- we were following the design plans as were

12:42:50 set forth by the owner architect.

12:42:52 >> Thank you.

12:42:53 If I may, may ask a question, Mr. Cotton?

12:43:00 Let him talk.

12:43:01 Is there anything in writing from us, the city, to the

12:43:06 applicant saying consider a portion of what he's allowed or

12:43:13 not allowed to do?

12:43:14 Is there any ambiguity?

12:43:16 Is there anything in writing anywhere?

12:43:19 >>ERIC COTTON: Land Development Coordination.

12:43:20 After approvals or denial, the applicant receives a letter

12:43:23 saying the variance support, the variance has been approved,

12:43:30 and I believe when they first introduced the cases, it

12:43:35 specified that they are provided with the site plan.

12:43:40 It is not just for people to show a box.

12:43:44 >> I guess the question is from the original 2003 decision

12:43:47 on the site plan, is it specifically said as to what it is

12:43:50 he's allowed to do?

12:43:52 >> The original site plan --

12:43:55 >>MIKE SUAREZ: From 2003.

12:43:57 >>ERIC COTTON: It shows the kitchen which is the northern --

12:44:00 >>MIKE SUAREZ: I'm talking about only the first one.

12:44:03 It doesn't say anything about the second.

12:44:04 And on the site plan it will reflect that?

12:44:07 >>ERIC COTTON: The site plan would show what the --

12:44:09 >>MIKE SUAREZ: In 2003 to show it reflect that?

12:44:13 >> Recently, no.

12:44:14 When he first came in and showed it.

12:44:19 I wasn't here in 2003.

12:44:22 >>MIKE SUAREZ: That's what I needed to find out because

12:44:24 there's a lot of talks about people's thoughts and what's

12:44:28 going to happen.

12:44:29 And if we don't have anything in writing, it on the site

12:44:31 plan that makes a big difference to me at least.

12:44:35 >>HARRY COHEN: If I could follow up, when this was approved

12:44:38 for permitting, where was this 6-foot piece?

12:44:43 Was it on the plan that got approved for permitting or not?

12:44:48 >>ERIC COTTON: Land Development Coordination.

12:44:50 I can't answer that question.

12:44:51 I don't know what the permit plans look like.

12:44:53 What happened is they came in for permitting.

12:44:57 We cannot have that encroachment.

12:44:59 They applied for design exception, too.

12:45:01 Gloria was willing to let it go forward, the design

12:45:07 exception, when Mr. Glisson mailed out the letter, required

12:45:13 for the notice, we received numerous letters of objection at

12:45:18 that time.

12:45:19 Mrs. Moreda made the comment your best bet is to go before

12:45:22 the VRB, and if you have that in a public hearing, rather

12:45:27 than me just denying it.

12:45:28 And that's what led to the variance review board hearing.

12:45:32 >>HARRY COHEN: When the thing was constructed there, was

12:45:35 already knowledge that this issue existed, correct?

12:45:39 >> The part that was already built?

12:45:43 Yes, to construct what was there.

12:45:45 And I guess he has another way of enclosing the park.

12:45:48 It may not be aesthetically pleasing for what the staff

12:45:51 want, but what's built already was permitted, and be does

12:45:55 meet code.

12:45:57 For zoning issues.

12:45:57 >>HARRY COHEN: Mr. Suarez.

12:46:03 >>MIKE SUAREZ: I just want to clarify what Mr. Cohen was

12:46:07 hitting upon, which is the permitting process is based on

12:46:11 what the site plan says, correct?

12:46:13 Usually?

12:46:15 >> For permit site plan, yes.

12:46:16 >>MIKE SUAREZ: And we had a case not too long ago in which

12:46:21 we didn't close out the permit because there was a dispute

12:46:25 as to what was being built.

12:46:27 Is this not part of that type of case where the building

12:46:31 permit would be different than what the site plan says, and

12:46:34 that's why it went to VRB or what?

12:46:37 Remember, I'm talking about the first 2003, because rather

12:46:43 than coming back and saying it was on there, would someone

12:46:46 have said, hey, it's on the permit.

12:46:48 Excuse me, it on the site plan, and that's what I base my

12:46:51 permit on.

12:46:53 >>ERIC COTTON: I can't testify because I have never seen the

12:46:55 permit plan but on the VRB case review plan that was not --

12:47:00 >>MIKE SUAREZ: But it all becomes part and parcel to each

12:47:03 on the which if it's on the site plan either approved or

12:47:05 disapproved it going to say something about that particular

12:47:09 addition, and what it's going to mean, not that it is a

12:47:13 blanket assessment.

12:47:15 It's usually very specific to what they are asking for.

12:47:18 >> Much like we deal with the land development.

12:47:25 >>CHARLIE MIRANDA: I want to clear something in my mind.

12:47:27 We had some photographs shown of some other residences in

12:47:31 the neighborhood that had some wings on them, the extension

12:47:34 on both side of the dwelling.

12:47:37 Are those extensions at 19 or 25-foot from the setback?

12:47:43 >>STEVE MICHELINI: I couldn't tell.

12:47:46 I looked at them as trying to determine what looks similar

12:47:50 to the request that was before you.

12:47:54 >>CHARLIE MIRANDA: In other words, what I am saying to

12:47:56 myself, if that's already a presence on that street, I have

12:47:58 no objections.

12:47:59 But if they are different than that, I will.

12:48:02 >> I didn't actually measure them.

12:48:07 But they appear to be similar in size, scale and distance.

12:48:13 It's very difficult to tell in this neighborhood because the

12:48:17 right-of-ways are so wide.

12:48:20 You have almost 20 feet from the edge of the pavement before

12:48:23 you get to the property line.

12:48:25 And that's why we are saying, in this request, you are

12:48:29 actually 38 feet from the edge of pavement, if the council

12:48:35 chose.

12:48:35 >> But we aren't talking about pavement.

12:48:37 We are going by right-of-way.

12:48:38 >> I understand.

12:48:40 >>CHARLIE MIRANDA: I have only got 14 minute left before

12:48:42 1:00.

12:48:42 So I want to go to the neighborhood.

12:48:44 >> Yes, sir.

12:48:47 Well, I am trying to answer your question the best I can.

12:48:50 And I think there was clearly some confusion about how this

12:48:55 project was going to proceed.

12:48:56 And then ordering and having prefabricated lumber delivered

12:49:01 and constructed.

12:49:02 It's currently constructed to meet the setbacks.

12:49:05 So everything is there now meet the setback.

12:49:08 What they are asking for is to finish off the front of that

12:49:13 so that it is not a blank wall.

12:49:15 And I will defer to any other comments in rebuttal

12:49:21 obviously.

12:49:21 Thank you.

12:49:23 >>CHARLIE MIRANDA: Anyone in the audience care to speak on

12:49:25 item number 52, pleas come forward.

12:49:28 >> My name is Debra Ganoway and I'm the president of the

12:49:39 Gulf view civic association.

12:49:41 We did a vote of our board members and had a unanimous vote

12:49:46 to pose this.

12:49:47 We also September an e-mail to the neighborhood and

12:49:50 explained what was being requested, and we sent out a

12:49:54 petition offering a petition to oppose it or give us

12:49:59 feedback if they did not oppose it.

12:50:01 So we do want to submit that we have a petition of 60

12:50:04 signature that we would like to leave with you.

12:50:07 And the reason that we are opposing this is the precedent it

12:50:14 sets.

12:50:19 That's happening in our neighborhood.

12:50:20 We are trying to protect integrity of our neighborhood and

12:50:22 also the architectural integrity of what going on in the

12:50:25 neighborhood.

12:50:25 And then the drainage and how that would impact us.

12:50:29 Because we do have a neighborhood that has a lot of

12:50:31 flooding.

12:50:32 And that's all I have.

12:50:45 Next, please?

12:50:46 Go on.

12:50:47 >> Pat Torres, the community liaison for the civic

12:50:56 association, and a life-long resident of Gulf View, having

12:50:58 lived for 61 years in the same block that this property is

12:51:02 on.

12:51:06 You know, first let me say this.

12:51:10 We have never received a plan showing the fireplace.

12:51:14 That has never gotten to us.

12:51:16 Everything they have said to us has been pretty much blank

12:51:23 wall, long windows down the front, and a port hole at the

12:51:28 top.

12:51:28 And I have the site plan here which doesn't appear there's

12:51:34 any fireplace.

12:51:34 This is what we got from -- this is the area in question.

12:51:39 And there is no fireplace there.

12:51:42 So that's the site plan that was submitted to the city.

12:51:46 Today is the first we have heard that fireplace.

12:51:50 Number one.

12:51:51 Number two, I have got to tell you, this is a huge

12:51:58 structure.

12:52:00 Huge structure.

12:52:01 And it is an outdoor space.

12:52:04 It is not living space.

12:52:06 So six feet either way is not going to.

12:52:25 >> Turn it the on the way.

12:52:27 >> This is an outdoor plan.

12:52:29 And how is that a hardship to lose six feet on an outdoor

12:52:34 space?

12:52:34 Not living space.

12:52:36 At least it has not been purported to us to be living space.

12:52:42 So that's what our problem is.

12:52:44 But in addition to that, this will set a precedent.

12:52:48 And he have time we have come before City Council, this is a

12:52:52 one-time thing, and here we are again in front of City

12:52:55 Council trying to protect our neighborhood.

12:52:59 And while six feet doesn't seem like much, and it isn't,

12:53:02 it's setting a precedent.

12:53:03 When is he going to come up with another variance request

12:53:07 for something else on his house, or another neighbor saying,

12:53:11 oh, he did it, I can do it.

12:53:13 And before you know it, and particularly for this block,

12:53:17 this block of Franklin road is very narrow and this thing

12:53:23 sticks out like a sore thumb.

12:53:25 And all the trees and all the shrubbery is not going to make

12:53:29 one bit of difference.

12:53:35 And you have one here that shows that original variance.

12:53:39 It's in line with the current roof line of the house.

12:53:44 And it is such a small section, you don't even notice it.

12:53:47 This thing, on the other hand, is gigantic and sticks out

12:53:53 like a sore thumb.

12:53:54 And my main concern is now we don't have an accurate site

12:53:58 plan.

12:54:00 >>CHARLIE MIRANDA: Thank you very much.

12:54:00 Anyone else who cares to speak on this item, please come

12:54:03 forward.

12:54:03 >> Good afternoon.

12:54:15 I have to present to you and the city attorney some

12:54:18 photographs being shared with me while we go through this.

12:54:21 I also have a speaker waiver.

12:54:26 My name is Joe Van Dyke, south Frankland road just south of

12:54:32 this.

12:54:32 This is the signature waiver.

12:54:34 So you may want to do that roll call.

12:54:36 >>MARTIN SHELBY: Mr. Chairman, there are eight names on

12:54:41 here.

12:54:42 Actually seven.

12:54:44 Brian Gillette, are you here?

12:54:46 Thank you.

12:54:47 Pat Van Dyke.

12:54:49 Thank you.

12:54:50 Barbara Armstrong.

12:54:51 Thank you.

12:54:57 Al -- forgive me.

12:54:58 Bonachutti.

12:55:04 Jim.

12:55:06 Thank you.

12:55:06 That's seven names, ten minute total.

12:55:10 >> We have only got 8 till 1:00 but go on.

12:55:14 >> I understand your concern.

12:55:19 My name is Bill van Dyke.

12:55:21 I'm here in opposition to this variance, and the Gulf civic

12:55:32 association and neighbors.

12:55:33 They can raise their hands to show you who they are.

12:55:37 It's mincing to sit back there in evaluation of City Council

12:55:43 and the same considerations, the need for a variance as well

12:55:47 as any associated hardships.

12:55:50 You have seen some renderings today, but I want to show you

12:55:56 own or two that Mr. Glisson presented to us some time ago, a

12:56:08 moment ago, but please note, full, the existing roof line,

12:56:12 and this eve here, it's a property line.

12:56:18 It's 7 feet 2 inches from that.

12:56:20 And I will get back to that again in a moment.

12:56:22 This is the front.

12:56:26 Again, his rendering.

12:56:28 This is the kitchen.

12:56:33 You will notice please that the roof line is well below the

12:56:37 existing roof line of the house.

12:56:38 This is 17-foot 2 inches tall.

12:56:46 Anything to be compared to those two.

12:56:54 This is what has been built today.

12:56:58 Again you can see the addition, 2003 addition on the right.

12:57:03 That's being built.

12:57:04 At this moment.

12:57:09 To familiarize you with -- this is my home here.

12:57:14 Please note -- I will show you something about that in a

12:57:19 moment.

12:57:19 A space where the addition is going in and

12:57:26 His site plan, again it's an open air.

12:57:29 I heard it mentioned because it's open air entertainment

12:57:33 area, 44 feet long and 19.2 feet wide.

12:57:37 861 square feet.

12:57:40 Because they cannot alter what has already been built, all

12:57:43 we ask you today is to disallow the last six feet or 115

12:57:48 square feet which would leave him 746 square feet.

12:57:56 Let's address this need component for a minute.

12:57:58 It's easy to find there's no compelling need for that six

12:58:04 feet, and that there is, however, a walk.

12:58:09 Setback requirements are established to resolve just this

12:58:13 kind of question without preventing any resident from being

12:58:16 granted a variance simply because he wants something.

12:58:18 It's important to affirm that there is no overriding need

12:58:22 associated with this request.

12:58:41 The homes on our block all have wide separations, and all of

12:58:42 us have, under that 25-foot setback in the 42 years that my

12:58:49 wife and I lived in that home.

12:58:52 We have 39 feet on the south side, for example.

12:59:03 Three years ago, we added a master suite to our home.

12:59:12 It was 30 feet, and I already photographed the separations

12:59:19 of the trees and shrubs.

12:59:23 We spent a considerable amount of money with this addition.

12:59:31 This is where we look out of our bedroom window now.

12:59:40 And we face the open air entertainment area that we

12:59:45 understand from Mr. Glisson will soon have stereo equipment,

12:59:49 large screen televisions and possibly a pool table.

12:59:53 They are not being required to do so.

12:59:57 For years we have had a standing water problem with

01:00:02 stormwater partially due, I assume, to the pool next door

01:00:07 which now joins this new addition.

01:00:11 So we in the Gulf view civic association ask Mr. Glisson to

01:00:15 consider installing a drain or other relief system such as

01:00:18 gutters and piping to the street that he thought was not

01:00:21 necessary.

01:00:24 He has the setback by two inches but pleas note the tree in

01:00:32 the setback.

01:00:36 I believe he's allowed three feet to the eve, but -- I can't

01:00:49 tell you if it's a three foot allowance or not.

01:00:55 He says he will be installing a walkway, not stepping

01:00:58 stones, to allow access to the rear, which would absolutely

01:01:04 decimate our existing water problem.

01:01:10 As I mentioned to you earlier, along with your request we

01:01:18 ask you to compel him within code obviously to give some

01:01:24 relief to the street along the south property line.

01:01:28 Regarding alignment of balance issues, I keep hearing about,

01:01:40 I just find it difficult to compare this to that.

01:01:46 No compatibility whatsoever in my opinion for that.

01:01:53 Mr. Glisson began activity in November, as you heard.

01:01:58 He's laying cement.

01:01:59 He's putting in the beams.

01:02:01 He's adding access to the south.

01:02:03 All without permission from the state to complete it as he

01:02:06 desires.

01:02:09 He must have been comfortable from the start with only

01:02:11 building a setback.

01:02:13 And if the additional six feet were so critical, one would

01:02:17 think it would not have become the project or continued

01:02:21 construction as he has done.

01:02:25 Every day work on this project.

01:02:33 It's mincing that he can, if he chooses, he can bring this

01:02:40 front porch line.

01:02:42 Mincing -- and I assume he will do that.

01:02:47 What we are trying to prevent -- Mr. Glisson is a seasoned

01:02:58 architect.

01:02:59 To address your point earlier, marriages did he not have

01:03:02 permission to build this or he should have known.

01:03:07 He's compelled to know that, I would assume.

01:03:13 It's important you would ask us and you to permit

01:03:16 encroachment or our uniform setbacks for this, to repeat our

01:03:21 contentions, the various glance this matter it's a want, not

01:03:28 a need, and a resident of a resident, and the hardships

01:03:33 clearly fall to our quality of life, to our city block,

01:03:41 precedent, and tell Gulf coast resident to enjoy the

01:03:47 separations, 60 signed petitions given to you earlier.

01:03:55 We can find absolutely in a compelling reason around Mr.

01:03:58 Glissons house.

01:04:01 I hope I have addressed the variables in making your

01:04:05 decision but I will try to answer any questions if you have

01:04:07 them.

01:04:08 >>CHARLIE MIRANDA: Any questions by council members at this

01:04:09 time?

01:04:10 >>HARRY COHEN: Motion for an additional 15 minutes.

01:04:19 >>CHARLIE MIRANDA: Bell well, 15 minutes but we have another

01:04:23 hearing after this one.

01:04:25 >>LISA MONTELIONE: We are going to need another hour.

01:04:26 >>HARRY COHEN: Another 30 minutes.

01:04:30 >>CHARLIE MIRANDA: And I am going to stay with 30 minutes

01:04:32 because I have a sugar problem.

01:04:33 Not that kind of sugar.

01:04:35 A diabetic problem.

01:04:38 >> He needs to eat.

01:04:39 >> I have a motion by Mr. Cohen for another 30 minutes.

01:04:43 Second by Mrs. Montelione.

01:04:44 The ayes have it unanimously.

01:04:47 Anyone in the audience who has not spoken who has not given

01:04:49 up their time care to speak at this time?

01:04:52 Mrs. Montelione.

01:04:53 >>LISA MONTELIONE: Can someone tell me, Mr. Michelini, the

01:04:58 contractor, staff, I can't tell -- actually, I can tell,

01:05:05 from these photographs, it looks like the concrete has only

01:05:12 foundation was only poured to the front elevation of the

01:05:15 house and not to past the porch.

01:05:20 Because in the variance request, there would need to be

01:05:26 additional concrete foundation to pull that elevation out.

01:05:37 >> All of our work has been within the setbacks.

01:05:47 It's not even close to the front porch, yet everything is

01:05:49 dependent upon our decision today.

01:05:50 >>LISA MONTELIONE: Okay.

01:06:09 >>CHARLIE MIRANDA: Anybody else to speak --

01:06:11 >>STEVE MICHELINI: We are here requesting some relief.

01:06:13 If not some six feet association relief at least so we can

01:06:16 get the fireplace in the front to provide a break in the

01:06:21 elevation.

01:06:22 And that the contractor has stated that all the work that's

01:06:25 been performed so far has been done with permits, and there

01:06:30 is nothing that encroaches into the setback or violates any

01:06:33 of those code requirements as it currently sits.

01:06:36 >>STEVE MICHELINI: One of them shows you what the frontage

01:07:16 of that wall looks like.

01:07:17 If he hadn't ordered all this prefabricated lumber and it

01:07:22 took him to two years to obtain it, he wouldn't be in this

01:07:25 position.

01:07:25 And we are asking for some relief.

01:07:29 The council has been very judicious in providing some relief

01:07:32 to people who have hardships.

01:07:35 He doesn't want to injure or disturb his neighbors.

01:07:38 He has to live there.

01:07:39 And he's planning to remain there.

01:07:41 But some minimal architectural relief would be greatly

01:07:46 appreciated, and it would enhance the view for all of them.

01:07:50 Otherwise, it will end up being the close to the structure.

01:07:56 And I know that the neighbors are disagreeing with me about

01:07:58 that.

01:07:59 But there's a difference between being enclosed and being

01:08:03 air conditioned space.

01:08:04 A portion of it is proposed to be air conditioned and a

01:08:08 portion of the rear is proposed to be enclosed but not air

01:08:12 conditioned.

01:08:14 And the portion that faces the rear of the yard where the

01:08:17 pool is unair conditioned space.

01:08:22 The front area up in here is enclosed and air conditioned

01:08:29 space.

01:08:30 And if the council has some discomfort about providing that

01:08:36 enclosed air conditioned space, we are asking for relief at

01:08:39 least for the fireplace in front.

01:08:43 It will be nonoccupancy space and would give them some

01:08:46 relief.

01:08:50 We asked staff previously about whether or not that could be

01:08:52 provided under architectural features, and that sort of

01:08:57 designation.

01:08:58 But that provision doesn't exist in the code anymore.

01:09:03 So it would take some action by council to approve that.

01:09:06 But, anyway, we respectfully request the council's favorable

01:09:13 consideration for this.

01:09:14 And again, any relief at all that would be granted would be

01:09:20 greatly appreciated.

01:09:25 >>CHARLIE MIRANDA: Are you finished with rebuttal?

01:09:28 >> Yes, sir.

01:09:29 >>HARRY COHEN: Mr. Shelby, is the action in front of us

01:09:32 today simply to either affirm or deny the variance review

01:09:36 board's decision or to remand it back to them?

01:09:39 Correct?

01:09:40 >> Yes.

01:09:40 >> So there's in a forum here to negotiate over other things

01:09:48 regarding site plan?

01:09:49 >> That's correct.

01:09:50 >> I don't believe that's correct.

01:10:00 >>CHARLIE MIRANDA: Well, we aren't going to go.

01:10:03 Just one second.

01:10:04 Just one second.

01:10:04 I am not going to get into a debate between our attorney and

01:10:07 the city attorney.

01:10:09 End of story.

01:10:10 Mrs. Montelione.

01:10:10 >>LISA MONTELIONE: I was going to say if there's nothing

01:10:15 further I was going to move to close the hearing.

01:10:19 >>STEVE MICHELINI: If I could make one comment.

01:10:20 >>CHARLIE MIRANDA: I'll let you make one comment.

01:10:22 >>STEVE MICHELINI: The issue regarding notice on setback

01:10:25 provides for the maximum allowable setback that is noticed.

01:10:27 Anything that's less than noticed setback is allowable under

01:10:31 that hearing by the financial review board or allowable

01:10:35 under the appeal.

01:10:37 And if I am incorrect, certainly Mr. Mueller can correct me.

01:10:44 But my case and the many cases I have taken to variance

01:10:49 review board that has been the policy.

01:11:01 >>ERNEST MUELLER: The variance review board which you steps

01:11:04 into the shoes of is voted either up or down or in this case

01:11:07 you can send it back to W direction to the Variance Review

01:11:09 Board.

01:11:11 That's what you have in front of you.

01:11:12 You can't negotiator anything like that.

01:11:14 It's up to them to amend their petition if they want to make

01:11:16 a change.

01:11:18 Does that answer your question?

01:11:21 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione to

01:11:23 close the hearing.

01:11:24 Second by Mr. Cohen.

01:11:25 Further discussion by council members?

01:11:26 All in favor of the motion please indicate by saying aye.

01:11:29 Opposed nay.

01:11:31 Pleasure of council?

01:11:32 Mrs. Montelione.

01:11:32 >>LISA MONTELIONE: I am going to move to uphold the

01:11:36 decision of the variance review board.

01:11:39 In looking at the criteria in which we are operating, the

01:11:44 criteria, VRB shall only be authorized to grant variances in

01:11:49 cases where VRB expressly finds that the applicant has

01:11:52 demonstrated practical or unnecessary hardship, practical

01:11:56 difficulties or unnecessary hardship, and the request

01:12:00 ensures the public health, safety and general welfare of

01:12:02 protecting.

01:12:03 I don't see that there is a hardship.

01:12:08 The hardship has been created by the applicant which is item

01:12:12 number 2 under section 27-80-A, two, the hardship does not

01:12:19 result from the actions of the applicant, a self-created

01:12:22 hardship or practical difficulty shall not justify a

01:12:25 variance.

01:12:26 And I believe this is completely the makings of the

01:12:31 applicant.

01:12:33 Number 5 says allowing the variance will result in

01:12:36 substantial justice being done considering both the public's

01:12:39 benefit intended to be secured.

01:12:41 I don't see a public benefit from this application, and goes

01:12:44 on to say and the individual hardship, the practical

01:12:47 difficulties that will be suffered due to failure of the

01:12:49 board to grant a variance.

01:12:51 Again, I don't see an individual hardship that is not

01:12:54 self-created.

01:12:57 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione.

01:12:59 I have a second by Mr. Cohen.

01:13:02 For the upholding of the variance review board.

01:13:04 Any further discussion by council members?

01:13:06 All in favor of the motion as stated, please signify by

01:13:09 saying aye. Opposed nay.

01:13:11 The motion passes unanimously.

01:13:13 Thank you all very much for appearing.

01:13:14 We go to item 53.

01:13:17 >>STEVE MICHELINI: Thank you, council.

01:13:18 >>CHARLIE MIRANDA: Thank you very much, sir.

01:13:21 >>ERNEST MUELLER: Assistant city attorney.

01:13:25 Another appeal of the variance review board denned denial.

01:13:31 This is at 2713 west Heiter street to reduce the year yard

01:13:41 set back from 20 feet to 3 feet and the purpose of this

01:13:45 request is to keep a porch or lanai located on the back of

01:13:48 the structure, the existing overhang has been demolished and

01:13:52 a replacement overhang constructed without a permit.

01:13:55 The board denied this variance by a vote of 3 to 2.

01:14:00 Again, we have a de novo hearing.

01:14:03 Where you are stepping into the shoes of the Variance Review

01:14:04 Board.

01:14:06 And the case will be presented in full to you.

01:14:09 You will then determine whether there was unnecessary

01:14:12 hardship with practical difficulty, and, two, that the

01:14:16 request ensures the public health, safety and general

01:14:18 welfare, and that would award granting of the variance.

01:14:27 To help you with that determination you can consider the

01:14:29 five criteria set forth in 27-508 already presented to you

01:14:34 as the chair already pointed out.

01:14:35 There's five of you.

01:14:40 It requires four votes for a variance.

01:14:44 The City Council may affirm the council's he decision,

01:14:47 remand the case back to the board with further proceedings

01:14:51 with direction or overturn the decision of the board.

01:14:54 With that I will turn it over to Eric Cotton.

01:15:02 >>ERIC COTTON: Land Development Coordination.

01:15:04 I am going to do a quick summary.

01:15:09 The site plan was submitted to the board.

01:15:24 17 feet in the back of the house.

01:15:26 The length of the property, the length of the house be for a

01:15:29 porch.

01:15:30 The applicant was cited by services.

01:15:39 Requested to go back and get a permit.

01:15:41 Does council have any questions?

01:15:44 >>CHARLIE MIRANDA: Questions at this time?

01:15:44 Thank you.

01:15:45 Petitioner?

01:15:45 >> My name is Maria Valido.

01:16:06 And the reason I am here is I need to appeal the variance

01:16:10 board that denied my variance a few months ago.

01:16:17 One of the reasons back in October of 2013, I received a

01:16:21 notice from the city with a code violation about

01:16:25 construction of a lanai.

01:16:27 >> The legal department want to ask you a question.

01:16:41 >>MARTIN SHELBY: Ma'am, you are the petitioner? Did you

01:16:44 provide a DVD?

01:16:45 Do you have a DVD copy of the hearing?

01:16:49 >> Yes, sir, I have it.

01:16:50 >>MARTIN SHELBY: Thank you.

01:16:58 >> Okay.

01:16:59 I lost my thought.

01:17:00 >>CHARLIE MIRANDA: Don't be nervous.

01:17:01 >> Like I said, I'm here to modify.

01:17:09 Back in 2013 I received a code violation from the city about

01:17:12 a construction of a lanai.

01:17:15 Well, I have a porch.

01:17:18 And in my porch I had metal roof that was leaking.

01:17:24 Half of the roof caved in on my property.

01:17:27 What we did is we were trying to -- we took all the metal

01:17:33 roofing down, half of it, because it's not done completely

01:17:37 yet, and we started building, after the metal roofing

01:17:42 started bill building another roof with plywood and flat

01:17:49 roofing.

01:17:49 And that's when, you know, we have all the problems in and I

01:17:56 have pictures of it.

01:17:58 I have pictures.

01:18:03 I Googled.

01:18:11 This is the back of my property.

01:18:13 And this property route hear is my metal roof.

01:18:20 It came in right here, that caved in.

01:18:23 And this is the part of the roof that is still there.

01:18:49 This is my metal roof right there.

01:18:51 It opened on the back of my property, on the roof.

01:19:08 It was on top of the roof.

01:19:16 This is all the holes that were there.

01:19:20 The roofing caved in, part of it.

01:19:59 (off microphone)

01:20:03 This is part of my lanai.

01:20:05 My porch.


01:20:07 It's something that was there many, many years.

01:23:31 And what we did, from what I understood what the city told

01:23:34 me, this was grandfathered in once I removed what I had, I

01:23:39 had to abide by new city code.

01:23:42 I didn't know.

01:23:43 That thought I we were removing what was already danger

01:23:45 results. I have grandkids that play out there.

01:23:47 I have family members.

01:23:50 We get together on holiday.

01:23:52 I have some of my neighbors that come during Christmastime

01:23:55 and holiday to have parties and all that.

01:24:00 So this that I had was dangerous not only to myself, my

01:24:03 family, my grandkids, but also for my neighbors.

01:24:08 I understand that my neighbor is the one, the one in the

01:24:13 back is the one that had complained that it was, at one of

01:24:19 the last hearings, that this property overflows.

01:24:22 I have a picture here that will show you the end of my

01:24:26 property.

01:24:58 (off microphone)

01:24:59 My roof is still away from my fence, his fence.

01:25:07 This is my neighbor's property.

01:25:13 On the side of his property, my fence is right here.

01:25:18 When it rains, this part, it floods.

01:25:24 And water goes into my property, and I never complain about

01:25:28 that.

01:25:29 I don't know, he faces this way.

01:25:37 He has -- I have never seen it before since I started this

01:25:41 whole ordeal.

01:25:44 And when it rains, the water goes into this property.

01:25:52 When it floods, it goes into my side of the property.

01:25:55 I never had the problem.

01:26:04 I never built anything that wasn't there before.

01:26:09 I'm not planning to enclose this room.

01:26:12 This is a -- I am not planning to make this like a bedroom

01:26:18 or kitchen or anything else.

01:26:20 This is only that has been there for many years as part of

01:26:24 my family.

01:26:25 Like I say, to make it look better and safer for myself and

01:26:29 my family.

01:26:32 That's all I have to say.

01:26:34 And I just wish that --

01:26:37 >>CHARLIE MIRANDA: Mr. Suarez?

01:26:38 >>MIKE SUAREZ: Thank you.

01:26:40 Are you done?

01:26:41 >> Yes.

01:26:42 >>MIKE SUAREZ: I want to ask a couple questions.

01:26:44 One, did you know you needed to have a building permit in

01:26:47 order to -- I mean, because I will tell you right now, there

01:26:50 is no argument about you tearing down the piece that was

01:26:54 rotted out but the building after new structure is part of

01:27:00 the problem here.

01:27:01 Did you know that you need add building permit?

01:27:03 >> No, I did not.

01:27:08 And it was grandfathered in once I take that down.

01:27:11 >>MIKE SUAREZ: Well, again in terms of the grandfathering

01:27:14 in, when you build something new -- and I think you

01:27:18 mentioned it during your statement, you have to follow the

01:27:20 new code, and you would have known that high pressure you

01:27:22 pulled a permit and known what the setback was, and that's

01:27:26 my guess based on what we would have seen from our staff.

01:27:31 Is there a problem with you setting it back 17 feet as

01:27:35 opposed to where it's at now?

01:27:38 >> No.

01:27:40 At the last hearing they asked me if it was okay to set it

01:27:43 back two feet back.

01:27:45 That's what we added.

01:27:47 It was set back.

01:27:50 I don't know how many feet, but we added two extra feet, and

01:27:54 asked me if I would go ahead and set that back, and I said,

01:27:58 no I don't have in a problem.

01:27:59 They asked me to keep the same height that my roof has, not

01:28:04 to make it higher.

01:28:07 And I said, that, that's in a problem, that's been there for

01:28:11 so many years.

01:28:11 I don't need to set it back more than my actual roof is.

01:28:17 So I don't have no problem with that.

01:28:21 My problem is it's been there so many years, that if it

01:28:26 doesn't get approved, I need to tear all this down.

01:28:29 >>MIKE SUAREZ: We are aware of.

01:28:31 That and that's why I am asking the questions, that a lot of

01:28:34 times it's harder to ask permission after, you know, you

01:28:36 have already put something into action.

01:28:38 And we have been in situations where we have asked someone

01:28:43 to tear something down.

01:28:46 I just want to ask you those questions because it is a tough

01:28:48 decision for us and we want to make sure you understand

01:28:51 there are certain standards you have to meet as a homeowner

01:28:54 and that's the reason why you are hearing, regardless of

01:28:57 what be any other homeowner does, this is your

01:28:59 responsibility and on your property, which affects all the

01:29:03 rest of the neighbors.

01:29:03 I just wanted you to know that.

01:29:07 Thank you, chair.

01:29:09 >>LISA MONTELIONE: And I'm like the last petition when I

01:29:12 mentioned an ordinary homeowner sometimes doesn't know the

01:29:16 regulations that professionals are supposed to know.

01:29:20 And you said something just now in response to Mr. Suarez'

01:29:25 question that I guess I need clarification from Mr. Mueller.

01:29:34 The issue of that extra two feet.

01:29:38 So rather than grant the variance to be within three feet of

01:29:42 the property line that it would be five feet of the property

01:29:45 line.

01:29:47 And it seems that that would be -- that would have been the

01:30:02 Variance Review Board would have pressed.

01:30:05 So would it be within our purview as well to say --

01:30:11 >>ERNEST MUELLER: We wouldn't have a notice issue because

01:30:16 she noticed up to three feet.

01:30:18 So anything less than that.

01:30:19 So five feet would be okay.

01:30:21 So we don't have notice issue.

01:30:27 If she would amend her petition on the record saying that is

01:30:29 what she want.

01:30:31 Then we can have that changed.

01:30:36 >>ERNEST MUELLER: Do you understand what I am saying?

01:30:39 >> No.

01:30:40 >> Could you explain what I am getting at?

01:30:43 >>ERNEST MUELLER: Let me make sure I get it right.

01:30:47 You talked about perhaps going not quite as far as three

01:30:51 foot into the setback but five foot in the setback.

01:30:54 And is that something you would want the City Council to

01:30:57 consider, you would have to put that on the record that you

01:31:01 would be changing your request to go five feet, not three

01:31:05 feet.

01:31:05 >> You would have to ask us for the five feet instead of the

01:31:09 three feet.

01:31:10 >> Oh, okay.

01:31:12 Ask now?

01:31:13 >>LISA MONTELIONE: You can.

01:31:14 >> I can ask anything.

01:31:17 Yes, I ask for the five feet.

01:31:18 >>LISA MONTELIONE: Thank you very much.

01:31:23 And I wanted to just clarify that, because it seems that the

01:31:29 previous time you had the hearing, the Variance Review Board

01:31:32 felt that that was something they could work with.

01:31:34 So I think it's probably something we could work with as

01:31:37 well.

01:31:37 >> And can I say something else, too?

01:31:43 Like the lady said, if I would have known that I would have

01:31:49 to take permit out before, if I would have known that this

01:31:54 would have -- that I needed to take a permit oh --

01:31:58 >>CHARLIE MIRANDA: Let forget.

01:31:59 That because we already said that.

01:32:00 And I got only a minute left.

01:32:02 Anyone in the neighborhood care to speak, please come

01:32:04 forward.

01:32:04 >>LISA MONTELIONE: Thank you.

01:32:10 >>> I'm right behind Mrs. Valido.

01:32:22 >> So you live on Collins.

01:32:23 >> Yes.

01:32:27 And you can see, this is the back porch.

01:32:33 Then if you try to go this way almost to the end of the

01:32:36 corner there, so that to be taken down and then have to go

01:32:46 back, to bring it three fate from the property line.

01:32:54 Basically what she had originally.

01:32:56 That's the porch she had there.

01:32:58 She has a slab.

01:33:03 And you can see reduction, but the addition of the roof.

01:33:11 Adding the roof on the house.

01:33:14 You can see that.

01:33:15 All of that is new.

01:33:25 And okay, I get water from my roof there.

01:33:29 And I am going to have all the water from that roof in my

01:33:34 yard.

01:33:45 Anybody so many years in this country know that you have to

01:33:49 pull a permit, and not by themselves.

01:33:58 >>CHARLIE MIRANDA: State right there.

01:33:59 Anyone else?

01:33:59 I want you both to get right there.

01:34:02 Come forward.

01:34:02 But I want to speak to all of you when you finish.

01:34:05 Come forward.

01:34:05 >> Oh, by the way, inspector.

01:34:16 >> My name is Richard Pinella on west Collins.

01:34:23 >>CHARLIE MIRANDA: What's your address?

01:34:24 >> 2710 west Collins.

01:34:30 28-foot long by 20-foot.

01:34:32 The amount of water that's going to come off that, running

01:34:34 into his property, is going to run into my property, and

01:34:37 then only have two feet.

01:34:39 Two feet you can't even walk past.

01:34:42 If there's a fire or anything else, the rest of the houses

01:34:45 on the block.

01:34:50 That's all I have to say.

01:34:51 >>CHARLIE MIRANDA: One second.

01:34:52 Whoa whoa, whoa, whoa.

01:34:54 Anyone else in the audience who has not spoken that would

01:34:56 care to speak?

01:34:57 I am going to give one minute because you already spoke

01:34:59 once.

01:34:59 >> I just want to say, under the city, and if we get a

01:35:12 tropical storm, I don't know where the roof is going to

01:35:15 fall, on my property or that property.

01:35:18 >>CHARLIE MIRANDA: Let me say this.

01:35:19 No, no, don't leave.

01:35:22 I am not finished.

01:35:26 Let me say this.

01:35:27 I don't see in a gutters nowhere.

01:35:29 Not in her property.

01:35:30 Not in your property.

01:35:31 Around.

01:35:32 If you had gutters, nobody would have a water problem.

01:35:35 So we go in the girth go, out the front into the street,

01:35:38 into the drain.

01:35:39 I don't see that nowhere.

01:35:41 Am I right or wrong?

01:35:42 >> Right.

01:35:42 >> Your property and hers.

01:35:47 Now, I don't know what's happened here.

01:35:49 But I think there's been a little friction between the

01:35:52 neighbors.

01:35:52 Not today.

01:35:53 Sometime back.

01:35:55 I can see that coming.

01:35:56 I don't like that.

01:35:58 Because it's not good to live next to each other and have a

01:36:04 distaste.

01:36:05 Not a dislike.

01:36:09 Comprehendo?

01:36:10 So what I am trying to say, I like to see gutters on her

01:36:14 property.

01:36:14 I like to see gutters in your property.

01:36:16 Because your water is going into hers and yours is going

01:36:20 into hers.

01:36:21 That's the problem here.

01:36:22 Well, listen, I understand.

01:36:24 Now going back to the structure.

01:36:26 It ain't two feet.

01:36:28 You presented a case, young lady, Ms. Valido, but then you

01:36:33 also didn't say that you expanded it from the original site

01:36:36 20 feet to the west, I guess.

01:36:40 Am I correct?

01:36:41 >> Yes.

01:36:42 >> No, come up.

01:36:43 I want to talk to you.

01:36:46 The original ceiling, the rotten tin that you have there,

01:36:51 what you tack down, is it the same size of what you put up?

01:36:54 >> Yes, sir.

01:36:54 >> It is?

01:36:56 The whole length of the house was there like that?

01:36:58 >> Yes, sir.

01:36:58 >> That's not what the gentleman said.

01:37:02 >> Help me out.

01:37:22 >>ERIC COTTON: This was the property 2010.

01:37:32 >>CHARLIE MIRANDA: I can't see it all.

01:37:34 >>ERIC COTTON: There we go.

01:37:35 In 2010, this is the gray area.

01:37:38 That's the 2010.

01:37:44 14.

01:37:45 The cover is this one right here.

01:37:48 >>CHARLIE MIRANDA: But I have got to see both of them.

01:37:51 Could you cut the map in half P.I don't want to see the

01:37:55 whole neighborhood.

01:38:04 Where is the other one?

01:38:06 >>ERIC COTTON: This is 2012.

01:38:11 >>CHARLIE MIRANDA: Can you followed it in half?

01:38:13 >> This is 2012.

01:38:18 This is 2010.

01:38:20 >> I'm sorry I asked such a difficult question.

01:38:28 This is 10.

01:38:41 This is 2012.

01:38:42 >>LISA MONTELIONE: Can I ask a question?

01:39:04 I'm sorry, I don't mean to be so loud.

01:39:07 I'm moving this with my hand.

01:39:09 So I'm confused.

01:39:11 No, leave those up, sir.

01:39:13 >>CHARLIE MIRANDA: Don't touch that.

01:39:14 >>LISA MONTELIONE: Back to the beginning.

01:39:18 Thank you.

01:39:24 Move them down a little, Ernie.

01:39:26 There we go.

01:39:29 Okay.

01:39:30 So somebody explain to me, what's that white around the 2012

01:39:37 picture?

01:39:40 Can you shift the mike?

01:39:42 >> This one right hear?

01:39:44 That is the same as this right hear.

01:39:46 These are the same.

01:39:49 What that is --

01:39:59 >>LISA MONTELIONE: I am just talking to staff right now.

01:40:03 And the metal roof is obvious in the picture, the 2010

01:40:10 picture.

01:40:11 And then it seems like it moves to the east, because it

01:40:22 doesn't seem like it's lining up the same way it lined up in

01:40:27 the 2010 picture.

01:40:30 Does that make sense?

01:40:35 It's almost as if the structure, the roof part that is in

01:40:40 the 2012 picture is larger and more to the east than the

01:40:52 2010 picture and I'm not sure what's in that corner on the

01:40:56 west side of the property.

01:40:57 Is that something else?

01:41:03 Right there.

01:41:04 The light brown.

01:41:09 >>CHARLIE MIRANDA: What's happened there?

01:41:10 >>LISA MONTELIONE: It would be the left-hand side.

01:41:17 That right there.

01:41:18 >> That's metal.

01:41:24 >> Remember there was a stop work order.

01:41:27 >>LISA MONTELIONE: I'm sorry, I'm looking at exposed

01:41:34 rafters but that brown part is rusty maybe?

01:41:40 Okay, that's the rusty old roof that was still there.

01:41:43 Now it making a little more sense.

01:41:44 When you showed us the picture of the concrete in the back,

01:41:59 the concrete that goes the length of what you have now, what

01:42:02 you started to replace, that roof, hasn't changed?

01:42:07 >> No.

01:42:08 >> How long has that been there?

01:42:10 >> I would say 25, 26.

01:42:15 >> So you haven't poured additional concrete to make it

01:42:19 bigger?

01:42:20 The only difference between the metal roof and the current

01:42:23 one seems to be the width of it?

01:42:32 So it's closer to the fence line?

01:42:37 Two feet.

01:42:41 Okay.

01:42:41 So I think I understand.

01:42:43 Because the additional metal roof, the old one had already

01:42:45 started to collapse.

01:42:46 And that's why we don't see it going all the way across lake

01:42:49 we do now.

01:42:50 All right.

01:42:51 I have got it straight now.

01:42:52 Thank you.

01:42:52 >>HARRY COHEN: And I'm confused about something.

01:43:00 You were asked by Councilman Miranda -- this is to the

01:43:04 petitioner -- whether or not the roof got any larger.

01:43:07 And you said no.

01:43:09 But two feet larger.

01:43:13 It went back two additional feet when you trade to rebuild

01:43:16 it, correct?

01:43:16 And your offer now is to remove that, what you are asking

01:43:21 for.

01:43:21 >> To remove the two feet.

01:43:26 >>LISA MONTELIONE: And she just asked us to amend the

01:43:29 petition.

01:43:31 >>CHARLIE MIRANDA: I asked the question.

01:43:32 Is it within our preview to say we want gutters on both of

01:43:35 these property?

01:43:37 >>LISA MONTELIONE: No.

01:43:38 >>CHARLIE MIRANDA: Because if not you are going to have a

01:43:39 water problem when it rains will fill a container 55 gallons

01:43:46 real quick.

01:43:48 And he doesn't have gutters and she doesn't have gutters,

01:43:52 and they are both pouring water on each on the so what they

01:43:54 are creating is a canal.

01:43:56 >>ERNEST MUELLER: What I know for sure you won't be able to

01:44:00 put gutters on because he doesn't have a petition in front

01:44:02 of you.

01:44:07 It's been consistent, that if what you want to condition is

01:44:16 what is part of the variance, which I believe this is, that

01:44:20 you could condition gutters, or something like it.

01:44:27 >>CHARLIE MIRANDA: That's not what we are saying.

01:44:28 >>ERNEST MUELLER: If the jurisdiction, the request that's

01:44:32 in front of you and what you want to condition to that, so I

01:44:35 would say at this point you could condition at least the

01:44:39 petitioner gutters, because that part --

01:44:42 >>CHARLIE MIRANDA: Do you understand what we are saying?

01:44:44 If you have a gutter, then your water, the preponderance of

01:44:49 the amount of that water will not be going into any

01:44:51 neighbor's yard.

01:44:53 Are you agreeable to putting gutters, removing two feet and

01:44:56 putting gutters so that the water doesn't go back, it goes

01:44:59 up the front?

01:45:00 Put a gutter up the front?

01:45:03 >> Put the gutters on?

01:45:08 Because I have a shed.

01:45:18 >>CHARLIE MIRANDA: Well, the shed is not here.

01:45:20 We are talking about the gutters on what you are expanding

01:45:22 out.

01:45:23 Minus two feet.

01:45:24 With gutters all the way around to the front.

01:45:27 So the water goes behind.

01:45:34 Are you agreeable with that?

01:45:35 I can't ask him because he doesn't have a petition.

01:45:38 I can't ask the gentleman that.

01:45:46 >>ERNEST MUELLER: Do you agree to a condition of gutters

01:45:48 being put in?

01:45:49 >> On the building?

01:45:51 Yes.

01:45:51 >>CHARLIE MIRANDA: But you just can't have --

01:46:00 >> He needs to sit down.

01:46:04 >>CHARLIE MIRANDA: I don't want a gutter enclosed.

01:46:06 I want it to have a spout on the front.

01:46:07 Because if not the water is going to go somewhere in the

01:46:10 back.

01:46:10 >> Okay.

01:46:13 >>LISA MONTELIONE: Move to close.

01:46:21 >>CHARLIE MIRANDA: Anyone else who has not spoken?

01:46:29 Do you understand what I am saying?

01:46:40 >> I do.

01:46:41 >> I want to mach sure.

01:46:42 Motion to close.

01:46:43 Seconded by Mr. Cohen.

01:46:45 Further discussion?

01:46:46 All in favor?

01:46:47 Opposed?

01:46:48 The ayes have it unanimously.

01:46:49 What's your pleasure?

01:46:50 >>LISA MONTELIONE: Mr. Chair.

01:46:55 I move to overturn the decision of the Variance Review Board

01:47:03 with the condition as stated by chair of gutters being added

01:47:06 to the roof, the structure as being constructed, and this

01:47:15 would be on the amended petition that we would not be

01:47:20 granting the three feet but it would be five feet from the

01:47:23 property line.

01:47:27 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione, a

01:47:29 second by Mr. Reddick.

01:47:30 Further discussion?

01:47:31 All in favor of the motion please indicate by saying aye.

01:47:34 Opposed nay. Motion passes 4 to 1.

01:47:38 >> Thank you very much.

01:47:43 >>CHARLIE MIRANDA: Thank you all very much for appearing.

01:47:44 Information reports.

01:47:45 New business.

01:47:45 Mrs. Montelione.

01:47:46 >>LISA MONTELIONE: None.

01:47:49 >>HARRY COHEN: Yes, thank you, Mr. Chair.

01:47:51 Two items.

01:47:52 First of all, I would like to make my remarks free from

01:48:02 interference by the audience, if you don't mind.

01:48:05 I would like to recognize the girl flags football team from

01:48:09 Robinson high school in winning the state championship and

01:48:11 ask council to invite their coaches and players to City Hall

01:48:14 to be recognized for this notable achievement with a

01:48:17 commendation and we will schedule that for a date that is

01:48:20 convenient to everyone.

01:48:22 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen, second by

01:48:25 Mrs. Montelione.

01:48:25 All in favor of the motion?

01:48:27 Opposed?

01:48:28 The ayes have it unanimously.

01:48:29 >> Second, I would like to ask for a commendation to Betty

01:48:34 Castor on June 19th at 9:00 a.m. in honor of her

01:48:38 receiving the liberty bell award from the Hillsborough

01:48:41 County Bar Association.

01:48:43 >>CHARLIE MIRANDA: Motion by Mr. Cohen, seconded by Mrs.

01:48:45 Montelione.

01:48:45 All in favor?

01:48:47 Opposed?

01:48:49 Motion passes unanimously.

01:48:50 Anything else, sir?

01:48:51 Mr. Reddick?

01:48:53 >>FRANK REDDICK: Just one item, Mr. Chair, requesting a

01:48:55 commendation to welcome the delta sigma theta sorority to

01:49:01 Tampa during their regional meeting in the City of Tampa,

01:49:05 June 26, 2014.

01:49:09 >> Motion by Mr. Reddick, seconded by Ms. Montelione. The

01:49:09 ayes have it unanimously.

01:49:10 Mr. Suarez.

01:49:11 >>MIKE SUAREZ: Just one item.

01:49:14 An item that is coming up on May 22nd at our workshop agenda

01:49:18 item number 2.

01:49:19 I would like to request that we continue item number 2 to

01:49:23 June 19th, 2014.

01:49:26 The item concerns the discussion of council initiated text

01:49:31 amendments, and we would like to do that for the January

01:49:36 2014 cycle.

01:49:37 >> Second.

01:49:38 >>CHARLIE MIRANDA: Motion by Mr. Suarez.

01:49:40 Second by Mr. Cohen.

01:49:41 All in favor of the motion? Opposed nay?

01:49:45 The ayes have it unanimously.

01:49:46 Anything else, sir?

01:49:48 >>MIKE SUAREZ: One last thing.

01:49:50 In terms of the item that I just mentioned, item number 2 in

01:49:52 the May 22nd workshop agenda, it needs to be read as a text

01:49:57 amendment to chapter 27 for the January 2014 cycle.

01:50:01 It was improperly put down as a comprehensive plan

01:50:05 amendment.

01:50:09 >>CHARLIE MIRANDA: If I have a motion by Mr. Suarez.

01:50:10 Second by Mr. Cohen.

01:50:11 All in favor of the motion?

01:50:13 Opposed?

01:50:13 The ayes have it unanimously

01:50:15 Also, I received two items that came in after the hearing

01:50:19 was held and passed regarding the AMC theaters, and these

01:50:27 came from Becky regarding such items.

01:50:32 I want to receive and file that document along with all

01:50:37 document received today.

01:50:38 I have a motion by Mr. Cohen, second by Mr. Suarez.

01:50:41 All in favor of the motion to receive all those document,

01:50:43 please signify by saying aye. Opposed nay.

01:50:46 The ayes have it unanimously

01:50:48 Anything else?

01:50:50 I want to make sure.

01:50:55 General public comment, all 512?

01:50:59 And you good media people?

01:51:01 I'm not seeing none.

01:51:03 We stand adjourned.


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