TAMPA CITY COUNCIL
THURSDAY, JULY 26, 2018
6:00 P.M. SESSION
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16:54:15 >>FRANK REDDICK:
GOOD EVENING.
WE'RE GOING TO CALL THIS TAMPA CITY COUNCIL MEETING TO
ORDER.
ROLL CALL.
18:02:14 >>MIKE SUAREZ:
HERE.
18:02:15 >>HARRY COHEN:
HERE.
18:02:16 >> MANISCALCO?
CAPIN?
MIRANDA.
18:02:19 >>CHARLIE MIRANDA:
HERE.
18:02:21 >> VIERA?
REDDICK.
18:02:23 >>FRANK REDDICK:
HERE.
ALL RIGHT, STAFF, DO WE HAVE ANY HOUSE CLEANING WE NEED TO
DO OR EVERYTHING OKAY?
STAFF, STAFF.
18:02:36 >>MARY SAMANIEGO:
MARY SAMANIEGO, LAND DEVELOPMENT
COORDINATION.
REZ 18-35, I DO NOT SEE THE APPLICANT IN ATTENDANCE.
EITHER WE CAN CONTINUE THE CASE OR YOU CAN GIVE ME SOME TIME
AND TRY TO CALL THEM AND PROCEED WITH THE SECOND AGENDA
ITEM, PERHAPS.
18:02:52 >>FRANK REDDICK:
LET US GO TO ITEM NUMBER 2.
18:02:56 >> I'LL MOVE TO OPEN THE PUBLIC HEARING.
18:02:58 >>CHARLIE MIRANDA:
SECOND.
18:02:59 >>FRANK REDDICK:
WE HAVE A MOTION FROM MR. COHEN.
SECONDED BY MR. MIRANDA.
ALL IN FAVOR AYE.
OPPOSED?
LET'S START OFF WITH ITEM NUMBER 2.
ANYONE GOING TO SPEAK ON ITEMS 1, 2, 3, AND 4, PLEASE STAND
TO BE SWORN.
18:03:26 >> DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH, THE WHOLE TRUTH
AND NOTHING BUT THE TRUTH?
THANK YOU.
18:03:41 >>FRANK REDDICK:
YOU MAY GO.
18:03:44 >> GOOD EVENING.
RYAN MANASSE, LAND DEVELOPMENT COORDINATION.
AB 2-18-10, PROPERTY AT 5210 NORTH FLORIDA AVENUE.
THE CURRENT ZONING IS SHCG AND SHCI WITH A FUTURE LAND USE
OF CC-35.
THE DEVELOPMENT REVIEW AND COMPLIANCE STAFF HAS REVIEWED THE
APPLICATION AND FINDS IT INCONSISTENT WITH CITY OF TAMPA
LAND DEVELOPMENT REGULATIONS.
MINOR CORRECTIONS WILL BE NEEDED BETWEEN FIRST AND SECOND
READING.
THE 5210 NORTH FLORIDA AVENUE SITE IS CURRENTLY APPROVED FOR
BAR LOUNGE, BEER, WINE, LIQUOR CONSUMPTION ON PREMISES.
THE EXISTING USE IS THE SAME AS THE PROPOSED USE, USED FOR A
BAR LOUNGE, BEER, WINE, LIQUOR CONSUMPTION ON PREMISES.
THIS PETITION IS NOT CONSIDERED A CHANGE OF USE.
THE CHANGE FROM THE PREVIOUS APPROVED PETITION TO THIS
PROPOSED PETITION IS THE HOURS OF OPERATION.
THE PETITION BEFORE YOU IS REQUESTING A CHANGE IN HOURS TO
SUNDAY THROUGH SATURDAY, 11 A.M. TO 3 A.M.
THE CURRENT APPROVED HOURS PER V12-280 ARE SUNDAY THROUGH
WEDNESDAY, 11 A.M. TO 11 P.M., THURSDAY THROUGH SATURDAY,
11 A.M. TO 1 A.M.
THE PROPOSED AB SALES AREA IS 1,306 SQUARE FEET INDOOR AND
920 SQUARE FEET OUTDOOR FOR A TOTAL OF 2,226 SQUARE FEET.
THIS IS NOT AN INCREASE FROM THE EXISTING APPROVED PETITION
V12-280.
PROPOSED SITE PLAN NO AB SALES WITHIN THE PARKING OR LOADING
AREA OR SPACE.
THE WAIVERS REQUESTED COME FROM SECTION 27-132.
THE FIRST TWO ARE FOR DISTANCE SEPARATIONS.
FIRST FROM AB SALES ESTABLISHMENTS FROM 1,000 FEET TO
173 FEET.
THE SECOND DISTANCE WAIVER IS FOR RESIDENTIAL USES WITHIN
1,000 FEET TO ZERO FEET.
ALSO SECTION 27-132, THE WAIVER WOULD BE TO ALLOW THE
OUTDOOR AMPLIFIED SOUND UNTIL 11 P.M.
LAND DEVELOPMENT DID FIND IT INCONSISTENT DUE TO THE
DISTANCE SEPARATION REQUIREMENTS STATED FROM 27132 FOR AB
SALES ESTABLISHMENTS AND RESIDENTIAL USES AND ALSO THE NO
OUTDOOR AMPLIFIED SOUND.
THE CLOSEST AB SALES ESTABLISHMENT IS THE REFINERY.
IT'S AT 5137 NORTH FLORIDA AVENUE.
ITS ZONING SHCI.
IT IS A 4 COP AND 173 FEET AWAY.
THE CLOSEST RESIDENTIAL IS A MIXED USE DEVELOPMENT JUST
NORTH OF THE PROPERTY AT 5208 NORTH FLORIDA AVENUE.
IT'S FOR APARTMENTS, AND ITS ZONING IS SHCI AND IT'S AT ZERO
FEET.
GENERALLY HART ROUTE, ROUTE ONE WEEKDAYS 4:05 A.M. TO
12:41 P.M. AND WEEKENDS FROM 6 A.M. TO 10:41 P.M.
THE PROPERTY IS LOCATED IN THE SEMINOLE HEIGHTS URBAN
VILLAGE AND FLORIDA AVENUE IS A TRANSIT EMPHASIS CORRIDOR.
I WOULD LIKE TO SHOW YOU SOME PICTURES.
THIS IS THE FRONT OF THE BUSINESS.
THE MIXED-USE DEVELOPMENT TO THE NORTH.
COMMERCIAL ESTABLISHMENT TO THE SOUTH.
DIRECTLY ACROSS THE STREET IS A BUSINESS.
THIS IS LOOKING SOUTH ON FLORIDA.
THAT'S THE REFINERY THAT'S POINTED OUT AS THE CLOSEST AB
SALES ESTABLISHMENT.
THIS IS LOOKING NORTH ON FLORIDA.
GIVE YOU SOME PERSPECTIVE, THE VICINITY MAP WITH THE RED
OUTLINING THE RED STAR ROCK BAR.
AND TPD DID NOT HAVE ANY OBJECTIONS TO THEIR REPORT.
STAFF IS AVAILABLE FOR ANY QUESTIONS.
18:07:15 >>FRANK REDDICK:
ARE THERE ANY QUESTIONS FROM COUNCIL?
18:07:20 >>HARRY COHEN:
WHAT IS CHANGING?
JUST TO BE VERY CLEAR, WHAT IS CHANGING FROM WHAT IS
EXISTING AND WHAT IS BEING ASKED FOR?
18:07:28 >> THE HOURS OF OPERATION.
18:07:29 >>HARRY COHEN:
THAT'S THE ONLY THING.
18:07:30 >> AND THERE'S GOING TO BE SPECIFIED THAT THE WAIVER FOR NO
OUTDOOR AMPLIFIED SOUND.
ALTHOUGH THE PREVIOUSLY APPROVED SITE PLAN DOES STATE
PLIFIED SOUND IS PERMITTED AND IT HAS LISTED HOURS.
BUT THAT WOULD BE THE ONLY DIFFERENCE.
18:07:43 >>HARRY COHEN:
THE DISTANCE WAIVERS, THAT'S ALL EXISTING
CONDITIONS.
18:07:46 >> CORRECT.
18:07:52 >>FRANK REDDICK:
ADDITIONAL QUESTIONS OR COMMENTS?
ALL RIGHT.
THE APPLICANT.
18:07:56 >> GOOD EVENING, COUNCIL, STEVE MICHELINI REPRESENTING THE
PETITIONER.
BASICALLY, THIS IS A CHANGE IN HOURS OF OPERATION AND
CLARIFICATION REGARDING THE OUTDOOR MUSIC.
WE ALREADY HAVE THOSE WAIVERS.
WE HAVE THE WAIVERS FOR THE DISTANCE SEPARATION AND ALL OF
THE OTHER AFFILIATED WAIVERS THAT ARE ON THE SITE PLAN.
THE BIGGEST ISSUE IS OPERATING HOURS, AND IT RELATES TO THE
FACT THAT THERE ARE NINE OTHER ESTABLISHMENTS WITHIN THE
VICINITY THAT ALL HAVE LATER HOURS.
WHAT'S HAPPENING WITH THE RED STAR, THE RED STAR CLOSES
EARLIER, AND EVERYONE LEAVES AND THEY HAVE TO GO SOMEWHERE
ELSE.
TO MY KNOWLEDGE, THERE'S BEEN NO POLICE REPORTS THAT WERE
ADVERSE TO THE OPERATION OF THIS BUSINESS.
IT'S ABOUT 2500 SQUARE FEET TOTAL.
IT'S A VERY SMALL VENUE.
IN ADDITION TO THAT, THE RED STAR BAR ACTS AS A COMMUNITY
CENTER.
IT'S AN INFORMATION CENTER.
IT'S USED AS A GATHERING POINT FOR NEIGHBORS TO COME AND
TALK ABOUT NEIGHBORHOOD ISSUES, TO RESOLVE ISSUES, AND TO
DISCUSS DIFFERENT THINGS THAT ARE GOING ON IN THE AREA.
IN TERMS OF I THINK THAT RYAN SHOWED YOU HIS PICTURES ARE
BETTER THAN MINE.
HE SHOWED YOU, IT'S A VERY SMALL ESTABLISHMENT AND IT HAS
SERVED AS A COMMUNITY, AS I'VE SAID, A COMMUNITY SUPPORT
CENTER FOR A VARIETY OF DIFFERENT THINGS.
I HAVE A LIST OF ALL THE OTHER ESTABLISHMENTS WITH THE HOURS
OF OPERATION, IF YOU'D LIKE TO HAVE THEM AND BASICALLY THEIR
LOCATION.
BUT THERE ARE NINE OF THEM WITHIN A VERY CLOSE PROXIMITY.
THERE ARE A NUMBER OF PEOPLE HERE TO SUPPORT THIS PETITION,
AND I'LL TURN IT OVER TO THEM AT THIS POINT AND RESERVE ANY
ADDITIONAL TIME FOR REBUTTAL, BUT IT'S A PRETTY
STRAIGHTFORWARD APPLICATION.
18:10:01 >>FRANK REDDICK:
MS. CAPIN.
18:10:02 >>YVONNE CAPIN:
WHAT WERE THE HOURS BEFORE?
18:10:06 >>STEVE MICHELINI:
IT'S CHANGING FROM 11 P.M. TO THE
CONSISTENT WITH CHAPTER 13, IT WOULD BE 3 A.M.
18:10:13 >>YVONNE CAPIN:
DOESN'T SAY CONSISTENT WITH CHAPTER 13 HERE,
DOES IT?
18:10:20 >>STEVE MICHELINI:
WE CAN MODIFY IT AND PUT IT ON THE SITE
PLAN.
18:10:23 >>YVONNE CAPIN:
OKAY.
I'M FINE WITH THAT.
THANK YOU.
18:10:26 >>FRANK REDDICK:
ANY OTHER QUESTIONS?
18:10:33 >>STEVE MICHELINI:
THOSE WHO WANT TO SPEAK ON BEHALF OF THE
PETITION TO COME FORWARD.
18:10:36 >>FRANK REDDICK:
WHO ARE YOU INVITING TO COME FORWARD?
18:10:39 >>STEVE MICHELINI:
THERE ARE A NUMBER OF PEOPLE HERE THAT
ARE SUPPORTIVE.
18:10:42 >>FRANK REDDICK:
OH, WE'RE GOING TO DO THAT.
18:10:44 >>STEVE MICHELINI:
YES, SIR.
[ LAUGHTER ]
CHAIRMAN, I WAS JUST TRYING TO GET THEM TO STAND UP SO THEY
WEREN'T STILL SITTING.
18:10:50 >>FRANK REDDICK:
WE'LL HANDLE THAT PART.
ALL RIGHT.
ANYONE FROM THE AUDIENCE WISH TO SPEAK ON ITEM NUMBER 2,
PLEASE COME FORWARD.
18:11:02 >> GOOD EVENING, COUNCIL.
MY NAME IS HERMAN BIPS.
I LIVE AT 209 WEST FRIERSON, ABOUT A BLOCK AND A HALF FROM
THE RED STAR. THE RED STAR BAR IS NOT JUST A BAR BUT A PART
OF MY NEIGHBORHOOD IN SEMINOLE HEIGHTS.
IT'S WHERE YOU MEET FRIENDS, NEIGHBORS.
WE SING KARAOKE, NOT VERY WELL, SUPPORT COMMUNITY EVENTS.
I SUPPORT THE RED STAR IN THE PETITION TO OPEN TO 3 A.M.
LIKE OTHER BARS IN THE CITY AND THE COUNTY.
LIVE MUSIC WILL STILL BE DONE AT 11.
I LIVE, AS I SAID, A BLOCK AND A HALF.
THAT'S FINE.
THANK YOU FOR YOUR WORK ON BEHALF OF THE CITY.
THANK YOU.
18:11:36 >>FRANK REDDICK:
NEXT.
18:11:41 >> GOOD EVENING, COUNCIL.
STEPHEN LYTLE.
322 WEST GIDDENS AVENUE.
I'M PRESIDENT OF THE SOUTH SEMINOLE HEIGHTS CIVIC
ASSOCIATION, AND I ALSO LIVE ON WEST GIDDENS NEAR RED STAR
ROCK BAR.
PAUL MEDRANO AND RED STAR ROCK BAR APPROACHED OUR
ASSOCIATION BOARD TO ASK FOR NEIGHBORHOOD FEEDBACK AND TO
GET AN IDEA OF HOW THE BOARD WOULD FEEL.
SO OUR ASSOCIATION BOARD DID GO THROUGH A PROCESS, AND I
WANT TO WALK YOU THROUGH HOW WE ARRIVED AT THE DECISION OF
WHAT WE CAME TO HERE.
FIRST, WE TALKED ABOUT CONSISTENCY.
AND WE PULLED THE HOURS OF OTHER BARS AND RESTAURANTS WITHIN
THE AREA AND FOUND THAT MANY OF THEM WERE OPEN WITH 3 A.M.
PERMITS.
SO FRONT PORCH, THE REFINERY, MANDARIN HEIGHTS, WHICH IS
BRAND-NEW OPENED, ALL HAVE PERMITS UNTIL 3 A.M., WHILE SEA
HOUSE, ICHICORO AND INDEPENDENT ARE OPEN UNTIL 1 A.M.
ICHICORO AND INDEPENDENT, I DIDN'T GET A CHANCE TO FIND OUT
WHAT THEIR PERMIT IS, BUT I KNOW THEY ARE OPEN UNTIL 1 A.M.
WE ALSO GOT FEEDBACK FROM FOLKS IN THE NEIGHBORHOOD
SURROUNDING THAT AREA TO UNDERSTAND THEIR THOUGHTS AND
CONCERNS.
I KNOW MANY OF THEM WHO ABUT THE PROPERTY ARE HERE TODAY.
WE REVISITED A SURVEY WE SENT OUT ABOUT 18 MONTHS AGO WHERE
WE WANTED TO GET NEIGHBORHOOD FEEDBACK BASED ON ADDRESS SO
WE COULD CONFIRM THEY ARE NEIGHBORS AND UNDERSTAND WHAT
COMMERCIAL DEVELOPMENT, WHAT KIND, WHAT TIME, THINGS LIKE
THAT.
OUTSIDE OF THAT, WE ALSO LOOKED AT THE SOUND POLICY THAT'S
BEING PASSED WITHIN THIS WITH 11 P.M. AND WE FELT THAT WAS
KIND OF A GOOD-NEIGHBOR GESTURE, MAKING SURE THE SOUND
WASN'T THERE AFTER 11 P.M. ON FRIDAY AND SATURDAY AND
10 P.M. THE REMAINDER.
WE CONSIDERED THEIR REPUTATION AS A NEIGHBOR.
I ALSO LOOKED BACK AT OUR NEIGHBORHOOD ASSOCIATION E-MAILS
AND FOUND THAT ONLY ONE TIME DID WE EVER HAVE A NEIGHBORHOOD
COMPLAINT ABOUT RED STAR ROCK BAR, AND THAT WAS IN REGARDS
TO SOUND AND IT WAS IN 2016.
SINCE THEN, WE HAVE NOT HAD ANY COMPLAINTS FROM THEM.
AS FAR AS I KNOW, THEY'VE MITIGATED SOME OF THE CONCERNS
THROUGH SOME OF THE THINGS THEY HAVE DONE TO THE BAR ITSELF.
I FOUND IT FUNNY THAT WE CALLED IT A COMMUNITY -- WHAT DID
YOU CALL IT?
WHATEVER IT WAS.
I FOUND THAT A LITTLE BIT FUNNY BECAUSE IT ACTUALLY IS A
COMMUNITY CENTER.
PEOPLE DO GO THERE ALL THE TIME.
WHEN THERE ARE HOT-BUTTON ISSUES, GREAT PLACE TO GO.
IT IS A SMALL BAR.
IT IS A COMMUNITY BAR.
WE BELIEVE GOOD NEIGHBORS SHOW THEIR TRUE COLORS OVER TIME.
AND NEIGHBORHOOD ROCK STAR HAS BEEN A STAPLE FOR MANY YEARS.
SINCE IT'S BEEN OPEN, IT'S BEEN A LOCAL JOINT THAT'S A
LITTLE BIT DIFFERENT THAN YOUR TYPICAL FOOD HANGOUT THAT
SEMINOLE HEIGHTS IS KNOWN FOR.
IN THAT TIME, THEY HAVE BEEN ONE OF OUR MOST SUPPORTIVE
MEMBERS OF THE COMMUNITY.
ALWAYS WILLING TO HELP NEIGHBORS THAT HAVE BEEN DEALT
UNFORTUNATE CIRCUMSTANCES, WHICH WE'VE SEEN.
LONG-STANDING MEMBER OF SEMINOLE HEIGHTS CIVIC ASSOCIATION
AND ADVERTISER IN THE NEWSLETTER.
THAT IS CRUCIAL TO DELIVER OUR NEWS LETTER TO EVERY HOME AND
BUSINESS WITHIN THE NEIGHBORHOOD AND BE ABLE TO DRIVE THAT
INFORMATION.
AS A NEIGHBOR AND PRESIDENT OF THE CIVIC ASSOCIATION, WE DO
GLADLY SUPPORT THIS REQUEST.
I'D ALSO SAY AS YOUR BUDGET ADVISORY COMMITTEE CHAIR THAT
THE FLORIDA STATUTE REALLY TALKS ABOUT TREATING A LICENSEE
IN A NONDISCRIMINATORY MANNER AND IN A MANNER THAT IS
CONSISTENT WITH THE MANNER OF TREATMENT OF OTHER LAWFUL
BUSINESSES.
THE TAMPA ORDINANCE 7 A.M. TO 3 A.M. UNLESS SPECIAL
CONDITIONS LIMIT THOSE HOURS.
AND SO THERE REALLY IS NOTHING THAT SAYS WHAT THOSE HOURS
ARE.
BUT AS YOUR BUDGET ADVISORY CHAIR, YOU HAVE A FIDUCIARY
RESPONSIBILITY IN CASE THERE'S LITIGATION TO ENSURE WE
AREN'T WASTING TAXPAYER DOLLARS.
THANKS.
18:14:46 >>FRANK REDDICK:
ALL RIGHT.
NEXT SPEAKER.
18:14:51 >> GOOD EVENING, COUNCIL.
MY NAME IS BRIAN CURRY.
108 WEST GIDDENS AT THE OPPOSITE END RIGHT THERE ON FLORIDA
AVENUE AND GIDDENS.
I'M WHAT IS AFFECTIONATELY KNOWN AS THE CLOSEST NEIGHBOR TO
THE RED STAR ROCK BAR.
155 PACES FROM MY FRONT DOOR TO THEIR BACK DOOR, AT LEAST IT
USED TO BE UNTIL THE CONSTRUCTION SITE WENT IN NEXT DOOR.
I'VE KNOWN THESE GUYS FOR FIVE YEARS.
THEY'VE ALWAYS BEEN UPSTANDING GUYS.
THEY ARE INVOLVED IN THE NEIGHBORHOOD.
I WON'T BELABOR THINGS THAT HAVE ALREADY BEEN SAID, BUT I'VE
KNOWN THEM SINCE THEY'VE BEEN OPEN AND BEFORE THAT.
THREE AND A HALF YEARS OPEN, THERE'S NEVER BEEN ANY ISSUES
THAT I KNOW OF FROM MY NEIGHBORS, FROM THE SURROUNDING
NEIGHBORS.
STEPHEN MENTIONED ABOUT OUR SEMINOLE HEIGHTS CIVIC
ASSOCIATION.
WE THINK WE'RE ONE OF THE STRONGEST ONES IN THE HEIGHTS
AREA.
AND LOTS OF OUR PEOPLE GO TO THE RED STAR ROCK BAR.
LIKE I SAID, WE'VE HAD MEETINGS -- LIKE THEY SAID, WE'VE HAD
MEETINGS THERE.
WE HAVE AFTER-MEETINGS THERE.
THEY ARE INVOLVED IN THE COMMUNITY.
FOR INSTANCE, INVOLVED IN THE SECOND YEAR OF A SCHOOL SUPPLY
DRIVE FOR BROWARD ELEMENTARY SCHOOL.
THEY TOOK PART IN IT LAST YEAR.
RAISED A LOT OF MONEY AND SUPPLIES FOR THE SCHOOL, AND THEY
ARE INVOLVED IN IT AGAIN THIS YEAR.
THEY DO THAT KIND OF THING.
THEY ARE FINE PEOPLE, AND I HAVE NO REASON TO THINK THIS
SHOULDN'T GO THROUGH.
TOTALLY SUPPORTIVE OF IT.
THANK YOU.
18:16:12 >>FRANK REDDICK:
THANK YOU.
18:16:14 >> GOOD EVENING.
PATRICK THORPE, ALLEGEDLY, 1013 EAST JEAN STREET.
I'M IN FULL SUPPORT OF THE OPERATING HOURS EXTENDING UNTIL
3 A.M.
I LIVE IN THE NEIGHBORHOOD.
I SEE WHAT PAUL MEDRANO DOES FOR THE COMMUNITY.
I SEE THE CAMARADERIE OF THE PATRONS AT THE ESTABLISHMENT.
AND AS A LOCAL BUSINESS OWNER WHO JUST OPENED UP DOWN THE
STREET, IT'S A GREAT PLACE TO GO HAVE CLIENT MEETINGS.
SO IT CERTAINLY HELPS EVERYONE OUT.
AND I DON'T SEE ANY REASON WHY THEY SHOULD NOT BE ALLOWED TO
CONTINUE TO OPERATE AS THEY HAVE AND AS THEY WILL CONTINUE.
THANK YOU.
18:16:54 >> RANDY CONSTAN.
I LIVE AT 14807 MILLSTREAM WAY, ABOUT FIVE MILES NORTH OF
THIS WONDERFUL CLUB.
I'M A LOCAL MUSICIAN.
I PERFORM THERE ONCE IN A WHILE.
I JUST WANT TO SAY I'VE ALWAYS FOUND THEM TO BE A VERY
RESPONSIBLE KIND OF CLUB.
I'VE NEVER SEEN ANY KIND OF A HINT OF TROUBLE AT THIS BAR.
I MEAN, IN FACT, IN THE LATE-NIGHT HOURS, YOU WOULD BE
HARD-PRESSED TO KNOW THERE WAS EVEN AN OPEN BUSINESS THERE.
SO I CAN'T IMAGINE ANY DETRIMENT TO THE SURROUNDING
COMMUNITY BY EXTENDING THEIR HOURS A LITTLE.
[ENCODER DROP]
AFTER HOURS OR PLACES TO GO TO.
SORRY, I GET NERVOUS.
ANYHOW, I OWN SEVERAL COMMERCIAL PROPERTIES.
I OWN THE PREVIOUS BUILDING THAT THE REFINERY WAS IN.
I'M DIRECTLY ACROSS THE STREET FROM THEM.
I'VE KNOWN PAUL SINCE THE BEGINNING BEFORE IT WAS -- HE EVEN
MOVED IN AND OPENED THERE.
HE IS AN AMAZING HUMAN BEING.
HE DOES AN ENORMOUS AMOUNT, OVER AND BEYOND FOR OUR
COMMUNITY.
SO I WANT TO SAY THAT HE'S A GOOD PERSON.
I KNOW THAT HE -- IF HE HAD THESE HOURS, WHICH I REALLY HOPE
THAT YOU WILL VOTE FOR TO GIVE IT TO HIM, THAT I WANT YOU TO
KNOW THAT HE WILL BE RESPONSIBLE.
HE DOESN'T PUT UP WITH ANYTHING.
HE WILL DO THE RIGHT THING.
ALSO, AS A BUSINESS OWNER, I KNOW THE ABILITY TO COMPETE,
AND I KNOW THOSE MIGHT BE TWO EXTRA HOURS TO SOME PEOPLE,
BUT TO A BUSINESS OWNER, THAT CAN MAKE AND BREAK YOU.
AND WE HAD A DEVASTATING YEAR LAST YEAR IN SEMINOLE HEIGHTS.
AND I KNOW IF HE DID NOT HAVE THOSE EXTENDED HOURS AND HE
NEEDED THEM THEN, THAT MIGHT HAVE PUT HIM OUT OF BUSINESS.
I DON'T KNOW WHAT MORE TO SAY THAN I REALLY HOPE THAT THIS
PANEL APPROVES THEM.
THANK YOU.
18:19:39 >> I AM REBECCA CRUZ.
I OWN THE BUSINESS YESTERDAY'S VINTAGE FASHIONS AND
FURNISHINGS, DIRECTLY ACROSS THE STREET FROM RED STAR.
I ECHO THE SENTIMENTS JUST EXPRESSED TO YOU ABOUT THE BAR.
THE OWNERSHIP BETWEEN PAUL MEDRANO AND BRIAN BOSCO, GREAT
SENSE OF COMMUNITY, AND I AM -- I FEEL LIKE I'M JULIE THE
CRUISE DIRECTOR IN SEMINOLE HEIGHTS WHEN PEOPLE COME TO ME
AND SAY, HEY, WHERE SHOULD I GO EAT?
WHERE SHOULD I GO AFTERWARDS?
AND I ALWAYS SUGGEST, NEIGHBORS TO THE LEFT, NEIGHBORS TO
THE RIGHT.
AND RED STAR HAS BEEN A GREAT MEETING PLACE FOR THOSE THAT
NOT ONLY ARE VISITING THE AREA, AND WANT A SLICE OF SEMINOLE
HEIGHTS EXPERIENCE, BUT ALSO FOR PEOPLE THAT WANT TO PUT
TOGETHER MEETINGS AND KEEP CHANGING AND KEEP GROWING THE
AREA.
WITH THAT SENSE OF COMMUNITY AND EVERYTHING.
I HOPE THAT THIS GETS PASSED TODAY AND THANKFUL TO HAVE TIME
TO SPEAK WITH YOU.
18:20:45 >> HI, COUNCIL.
MY NAME IS JOHN SWOPE.
I AM A LOCAL MUSICIAN.
I HAVE A BAND CALLED KING OF DENMARK.
WE PLAY AT THE RED STAR ROCK BAR QUITE A BIT, QUITE OFTEN.
NOT TO BELABOR THE POINT.
I KNOW THAT EVERYBODY, YOU CAN OBVIOUSLY SEE THE SUPPORT
HERE, AND EVERYBODY HAS BEEN MENTIONING, A LOT OF THE
SIMILAR THINGS THAT I WAS GOING TO MENTION.
WHAT I'D LIKE TO SPEAK TO IS THE RESPONSIBLENESS OF THE
OWNERS.
MUSICIANS AREN'T ALWAYS THE EASIEST PEOPLE TO WORK WITH.
HAVING TO DEAL WITH BANDS AND NOISE AND TURNING UP AND
TURNING DOWN, IT'S ALWAYS A BONE OF CONTENTION WITH
MUSICIANS.
BUT I CAN SPEAK TO THE FACT REGARDING THE COMMUNITY AND THE
GOOD FAITH AS FAR AS ENDING THE TIME THAT THE BANDS PLAY THE
PLIFIED SOUND AT 11:00, THE BAR IS ALWAYS VERY COGNIZANT
OF KEEPING THAT SOUND AT RESPECTABLE LEVELS FOR THE
COMMUNITY.
AND IN TURN, GARNER THAT RESPECT FROM THE MUSICIANS AS WELL.
WE'RE ALL VERY COGNIZANT OF MAKING SURE THAT WE KEEP THE BAR
A FUN PLACE TO COME HANG OUT, TO COME WATCH MUSIC, BUT ALSO
TO RESPECT THE SURROUNDING COMMUNITY.
I DEFINITELY WANTED TO SPEAK TO THAT.
I FEEL THAT THESE ADDITIONAL HOURS, IF IT'S ANYTHING THAT
CAN HELP THIS BAR, THEY'VE HELPED OUT MY BAND TREMENDOUSLY,
AND IF YOU GUYS COULD AND GALS COULD PLEASE VOTE ON THE
ADDITIONAL HOURS, I THINK THAT THIS WOULD REALLY HELP OUT
THE SEMINOLE HEIGHTS COMMUNITY IN GENERAL AND IT WOULD BE A
GREAT THING TO KEEP THIS PLACE GOING STRONG.
THANK YOU VERY MUCH.
18:22:17 >> YOU THINK MUSICIANS ARE TOUGH TO DEAL WITH, YOU OUGHT TO
WORK WITH A BUNCH OF POLITICIANS.
[ LAUGHTER ]
18:22:26 >>YVONNE CAPIN:
I'M WEIGHING IN ON THAT ONE.
YOU OUGHT TO WORK WITH A BUNCH OF MALE POLITICIANS.
[ LAUGHTER ]
18:22:31 >>CHARLIE MIRANDA:
AND WE DON'T HAVE INSTRUMENTS.
18:22:35 >> HI.
BARBARA SOUSTEK.
I AM NOT A SEMINOLE HEIGHTS RESIDENT YET.
I AM IN SOUTH TAMPA, AND I AM IN THE PRACTICE OF SELLING MY
HOUSE RIGHT NOW.
THE REASON I'M MOVING OUT OF SOUTH TAMPA IS TO MOVE INTO
SEMINOLE HEIGHTS.
ONE OF THE REASONS IS I VISITED RED STAR ROCK BAR.
I MET PAUL.
I LOVE THE COMMUNITY.
IT'S A REALLY GREAT PLACE.
I'VE NEVER THOUGHT I WOULD LEAVE SOUTH TAMPA.
I'M A THIRD GENERATION, BORN AND RAISED.
BUT SEMINOLE HEIGHTS IS UP AND COMING, RESPONSIBLE, GOOD,
HEALTHY PEOPLE, AND I WOULD LOVE TO MOVE INTO THAT COMMUNITY
AND I HIGHLY SUPPORT YOU GUYS VOTING FOR THIS.
BECAUSE I THINK THESE GUYS ARE REALLY TRYING TO DO THE RIGHT
THING.
18:23:11 >> LYSA BOZEL, 1504 EAST PARK CIRCLE, TAMPA, FLORIDA.
I'M A LOCAL BUSINESS OWNER.
MY HUSBAND AND I AND PAUL IS OUR TENANT AT LONDON HEIGHTS.
WE FREQUENT RED STAR, AND HE'S A PHENOMENAL TENANT.
HE IS A MAN OF INTEGRITY.
HE DOES AN AMAZING JOB WITH THE COMMUNITY.
SO WE REALLY HOPE THAT YOU WILL DECIDE TO EXTEND THE HOURS
THAT HE NEEDS BECAUSE HE MAKES QUITE A DIFFERENCE IN OUR
COMMUNITY.
THANK YOU.
18:23:45 >> HELLO.
MICHAEL BOZEL.
THAT IS MY WIFE.
SHE SAID EVERYTHING I WAS GOING TO SAY.
BASICALLY THE ONLY THING I CAN SAY, PAUL IS DOING A LOT OF
GOOD FOR THE COMMUNITY.
THE BEST PART, HE'LL CONTINUE TO DO GOOD FOR THE COMMUNITY.
THAT'S THE TYPE OF PEOPLE WE NEED IN OUR AREA.
BECAUSE WE ARE BUSINESS OWNERS AND WE HAVE SEEN A LOT OF
CHANGE, AND IT'S ALL COMING TOGETHER NOW.
AND WE SHOULD KEEP THE BALL ROLLING SO WE KEEP GETTING THE
YOUNG LADY THAT WILL MOVE INTO THE NEIGHBORHOOD, THAT'S WHAT
WE WANT.
IT IS A TIGHT COMMUNITY.
WE ARE ALL HERE FOR EACH OTHER.
WE ALL TALK TO EACH OTHER.
WE GO TOGETHER.
WE GO TO DINNER TOGETHER, EVERYTHING.
SO WE WANT TO KEEP IT GOING.
AND IT'S A NICE PLACE TO GO LATE AT NIGHT IF YOU WANT A
COCKTAIL AFTER A NIGHT OF GOING OUT TO DINNER, PERFECT SPOT
TO LISTEN TO A LITTLE BIT OF MUSIC.
PLEASE VOTE FOR HIS CONTINUED HOURS, AND WE WOULD LOVE TO
HAVE IT.
THANK YOU.
18:24:35 >> MORGAN McKENZIE, 1310 EAST GIDDENS, ABOUT A QUARTER
MILE TO HALF A MILE EASTBOUND ON THE ROAD THAT ABUTS THAT
PROPERTY.
ONE OF THE THINGS WE TALK ABOUT IS THE WORK, PLAY, LIVE
COMMUNITY THAT WE'RE TRYING TO BUILD IN TAMPA.
A LOT OF PEOPLE WORK 9 TO 5 AND LOT OF PEOPLE WORK IN
SERVICE JOBS AND THEY GET OUT OF THEIR SERVICE JOB AT 9:00,
10, 11, WELL, THEY DON'T HAVE SOMEWHERE TO GO WITHOUT
INVOLVING DRIVING.
THIS IS A WALKABLE AREA IN THE NEIGHBORHOOD THAT THEY CAN
GET OUT OF THE SERVICE JOB AND BUILD MULTIPLE SHIFTS OF
COMMUNITY.
THANK YOU.
18:25:10 >>FRANK REDDICK:
ALL RIGHT.
DO WE HAVE ANYONE ELSE WISHING TO SPEAK ON ITEM NUMBER 2?
PETITIONER?
18:25:19 >>STEVE MICHELINI:
COUNCIL, STEVE MICHELINI AGAIN.
I THINK THAT YOU'VE HEARD THAT THESE ARE RESPECTFUL PEOPLE.
THEY ARE RESPONSIBLE PEOPLE, AND THEY'RE COMMUNITY ORIENTED.
WE HAVE A NOMINAL CHANGE TO THE HOURS OF OPERATION.
THIS BUSINESS IS ONLY 2200 SQUARE FEET.
IT'S 20 FEET WIDE.
AND INCLUDING THE BACKYARD, IT'S 155 FEET DEEP.
SO IT IS, AS I SAID EARLIER, IT IS A COMMUNITY-ORIENTED
LOCATION.
IT IS A GATHERING SPOT, AND IT'S A FRIENDLY PLACE FOR
EVERYONE.
WE ARE RESPECTFULLY REQUESTING APPROVAL, AND WE'LL MAKE A
CHANGE THAT REQUESTS THE CHAPTER 14 CONSISTENCY ON THE HOURS
BETWEEN FIRST AND SECOND READING, IF COUNCIL APPROVES THIS.
18:26:02 >>FRANK REDDICK:
I SUGGEST WE HOLD ONE OF OUR MEETINGS
THERE.
[ LAUGHTER ]
[ CHEERS & APPLAUSE ]
18:26:15 >>GUIDO MANISCALCO:
THE LAST GENTLEMAN THAT SPOKE SAID WHAT
I WANTED TO SAY.
THAT IS PEOPLE WORK LATE.
PEOPLE WORK IN SERVICE JOBS.
THEY WANT OPTIONS.
I REMEMBER WHEN WE HAD TO VOTE ON THE HOURS FOR ICHICORO.
DIDN'T GO THROUGH, BUT I SUPPORTED LATER HOURS.
BECAUSE PEOPLE WANT SOMETHING ELSE TO DO AFTER A CERTAIN
TIME PERIOD.
A LOT OF MY FRIENDS GO TO RED STAR AND I'VE NEVER HEARD A
COMPLAINT.
IT IS A GATHERING PLACE.
IT IS A GOOD COMMUNITY LOCATION.
WE'RE NOT TALKING ABOUT A PLACE LIKE ON SOUTH MacDILL,
THE PATIO, WHICH IS INFAMOUS.
[ LAUGHTER ]
SO I'M IN FULL SUPPORT OF THIS.
I THINK IT'S A BENEFIT TO THE COMMUNITY.
YOU'VE GOT MY VOTE ON IT.
18:26:59 >>FRANK REDDICK:
ALL RIGHT.
ANYONE ELSE?
MR. VIERA.
18:27:02 >>LUIS VIERA:
THANK YOU, MR. CHAIR.
I JUST WANTED TO -- AND I THINK I MAY HAVE DONE THIS BEFORE
WHEN SEMINOLE HEIGHTS WAS HERE, BUT JUST TO SALUTE EVERYBODY
FOR COMING OUT.
WE DON'T SEE THIS FOR A LOT OF PARTS OF THE CITY.
I'VE NEVER BEEN TO THE RED STAR.
I'M FROM NEW TAMPA.
OUR PLACE IS THIS LITTLE PLACE CALLED CHILI'S.
[ LAUGHTER ]
BUT I'M SURE IT'S A WONDERFUL PLACE, BUT IT REALLY JUST
SHOWS THE KIND OF REVIVAL THAT WE'VE SEEN IN SEMINOLE
HEIGHTS IN THE LAST 10, 20 YEARS, 15 YEARS OR SO, IS BECAUSE
OF PEOPLE JUST PULLING UP THE BOOTSTRAPS OF THE COMMUNITY
AND UNITING TOGETHER AND WORKING HARD AND THE ENTHUSIASM
WE'VE SEEN HERE JUST FURTHER CEMENTS WHAT I FEEL ABOUT
SEMINOLE HEIGHTS.
THANK YOU.
18:27:49 >>YVONNE CAPIN:
THANK YOU.
THANK YOU FOR CORRECTING THIS TO CHAPTER 14 BECAUSE THE
HOURS ARE CONSISTENT WITH IT.
IT'S JUST NOT STATED.
I ALSO WANT TO SAY I AGREE, PEOPLE NOT ONLY WORK SERVICE
JOBS, THEY DON'T WORK 9 TO 5.
PEOPLE WORK ALL HOURS.
THEY ARE DOING, THEY HAVE CONTRACTS THAT THEY DO.
THE 9 TO 5 IS SOMETHING OF THE PAST AS FAR AS WORKERS ARE
CONCERNED.
SO I'M REALLY EXCITED ABOUT THIS.
YES, I AGREE.
WE SHOULD HAVE AT LEAST ONE MEETING BEFORE WE ALL LEAVE.
I'M DONE.
THANK YOU.
18:28:25 >> MOVE TO CLOSE.
18:28:27 >> SECOND.
18:28:27 >>FRANK REDDICK:
MOTION FROM MR. COHEN.
SECONDED BY MR. MANISCALCO.
ALL IN FAVOR TO CLOSE, AYE.
OPPOSED.
MR. VIERA, WOULD YOU BE KIND ENOUGH TO READ ITEM NUMBER 2?
18:28:37 >>LUIS VIERA:
I HEREBY MOVE AN ORDINANCE BEING PRESENTED FOR
FIRST READING CONSIDERATION.
ORDINANCE APPROVING A SPECIAL USE PERMIT S-2 FOR ALCOHOLIC
BEVERAGE SALES BAR/LOUNGE, CONSUMPTION ON PREMISES ONLY AND
MAKING LAWFUL THE SALE OF BEVERAGES REGARDLESS OF ALCOHOL
CONTENT, BEER, WINE, LIQUOR ON CERTAIN LOT, PLOT, OR TRACT
OF LAND, LOCATED ON 5210 NORTH FLORIDA AVENUE, TAMPA,
FLORIDA, AS MORE PARTICULARLY DESCRIBED IN SECTION 3 THAT
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT ARE
REPEALED, REPEALING ORDINANCE NUMBER 2013-105, PROVIDING AN
EFFECTIVE DATE.
18:29:07 >>FRANK REDDICK:
MOTION FROM MR. VIERA.
18:29:09 >>YVONNE CAPIN:
WITH THE CHANGE BETWEEN FIRST AND SECOND
READING TO READ CHAPTER 14.
CONSISTENT WITH CHAPTER 14.
18:29:19 >>FRANK REDDICK:
ALL RIGHT.
MOTION FROM MR. VIERA.
SECONDED BY MR. MIRANDA.
ANY FURTHER DISCUSSION OF THE MOTION?
ALL THOSE IN FAVOR OF THE MOTION, AYE.
OPPOSED?
18:29:28 >>STEVE MICHELINI:
THANK YOU, COUNCIL.
18:29:29 >> MOTION CARRIED UNANIMOUSLY.
SECOND READING AND ADOPTION --
[ APPLAUSE ]
[ SOUNDING GAVEL ]
18:30:15 >> MARTY, IF I MAY, ON NUMBER THREE --
18:30:35 >>FRANK REDDICK:
WE STILL HAVE OTHER BUSINESS TO DO.
WE'LL SEE YOU ALL THERE.
18:30:41 >> MR. CHAIRMAN, WE STILL HAVE THE ANNOUNCEMENT BY THE CLERK
OF THE SETTING OF THE SECOND READING AND ADOPTION PUBLIC
HEARING.
18:30:50 >>THE CLERK:
MOTION CARRIED UNANIMOUSLY.
SECOND READING AND ADOPTION WILL BE ON AUGUST 23rd AT
9 A.M.
18:31:01 >>MARTIN SHELBY:
9:30?
18:31:03 >>THE CLERK:
9:30 A.M.
18:31:10 >>FRANK REDDICK:
WHAT IS THE STATUS REPORT ON ITEM NUMBER 1.
18:31:14 >>MARY SAMANIEGO:
THE APPLICANT FOR ITEM NUMBER 1 IS PRESENT
SO IF WE CAN PLEASE PROCEED WITH THAT CASE, I WOULD
APPRECIATE IT.
18:31:20 >>FRANK REDDICK:
ALL RIGHT.
ITEM NUMBER 1.
18:31:22 >>MARY SAMANIEGO:
ITEM NUMBER 1, REZ 18-35, REZONING REQUEST
FROM PLANNED DEVELOPMENT TO PLANNED DEVELOPMENT.
THIS APPLICATION WAS CONTINUED FROM YOUR JUNE 14th MEETING
AND A-- TO ALLOW THE APPLICANT TO MEET WITH SOME OF THE
NEIGHBORS TO TRY TO WORK OUT SOME OF THEIR CONCERNS.
A REVISED SITE PLAN HAS BEEN SUBMITTED.
I BELIEVE YOU HAVE COPIES OF IT NOW.
18:31:48 >> GOOD EVENING, COUNCIL MEMBERS.
DAVID HEY WITH YOUR PLANNING COMMISSION STAFF.
I HAVE BEEN SWORN.
WE'RE IN THE CENTRAL TAMPA PLANNING DISTRICT FOR THIS CASE.
THE SUBJECT SITE, THERE IS TRANSIT AVAILABLE WITHIN THE
SURROUNDING AREA, THE SOUTH TAMPA FLEX SERVES THIS SUBJECT
SITE.
ON TO THE AERIAL, THE SUBJECT SITE IS RIGHT HERE.
IT'S AT THE SOUTHEAST CORNER OF WEST CYPRESS STREET AND
NORTH MacDILL AVENUE.
THIS IS MacDILL.
CYPRESS.
[ LAUGHTER ]
18:32:25 >> WE'RE NOT LAUGHING AT YOU.
18:32:30 >> THE POLICEMAN TOOK A LOOK.
HE THOUGHT WE WERE EMPTY.
18:32:36 >>DAVID HEY:
I KNOW WHERE TO GO AFTER THIS MEETING.
THAT'S FOR SURE.
AS YOU CAN SEE, THERE'S A CLUSTER OF NONRESIDENTIAL
DEVELOPMENT AROUND THIS INTERSECTION.
TO THE NORTH, THE TAMPA LETTER CARRIER HALL, THERE IS A
SMALL COMMERCIAL PLAZA, AND THEN SOME MEDICAL OFFICES TO THE
WEST.
AND THEN SURROUNDING THE SITE OVERALL IS RESIDENTIAL.
ON TO THE FUTURE LAND USE MAP, THE SUBJECT SITE AND THE
PARCELS ON THE SOUTH SIDE OF WEST CYPRESS ARE ALL THAT
RESIDENTIAL 20 FUTURE LAND USE CATEGORY.
AND THEN TO THE NORTH IT IS A LITTLE MORE INTENSIVE UNDER
THAT COMMUNITY MIXED USE 35 REPRESENTED BY THAT PINK COLOR.
AND THEN SOUTH OF THE SITE AND TO THE NORTH IN THAT TAN IS
THE RESIDENTIAL 10 FUTURE LAND USE CATEGORY.
THE SUBJECT SITE IS DESIGNATED THAT RESIDENTIAL 20, WHICH
ALLOWS A LOW-TO-MEDIUM DENSITY RESIDENTIAL USES UP TO
LIMITED NEIGHBORHOOD SERVING COMMERCIAL USES.
PER THE COMPREHENSIVE PLAN, THE SUBJECT SITE MEETS THE
LOCATIONAL CRITERIA SINCE IT WAS PREVIOUSLY APPROVED FOR
COMMERCIAL USES IN 2004.
UNDER ZO 447.
PD WILL FURTHER THE POLICY DIRECTION WITHIN THE
COMPREHENSIVE PLAN BY ALLOWING A DIVERSE MIX OF USES FOR THE
SURROUNDING NEIGHBORHOOD.
THE EXISTING DEVELOPMENT WITH THE PROPOSED EXPANSION IS A
MEDIUM SCALE AND WILL CONTINUE TO COMPLEMENT WEST CYPRESS
STREET AND PROVIDE SERVICES TO THE RESIDENTS OF THE CENTRAL
TAMPA PLANNING DISTRICT.
AND BASED ON THOSE CONSIDERATIONS, THE PLANNING COMMISSION
STAFF FINDS THE PROPOSED PLAN DEVELOPMENT CONSISTENT WITH
THE PROVISIONS OF THE TAMPA COMPREHENSIVE PLAN.
THANK YOU.
18:34:21 >>MARY SAMANIEGO:
MARY SAMANIEGO, LAND DEVELOPMENT
COORDINATION.
YOU SAW THIS AT YOUR JUNE MEETING.
I WAS NOT IN ATTENDANCE.
ABBYE HANDLED THE CASE FOR ME BECAUSE I WAS OUT OF TOWN.
AT THE MEETING THERE WERE SOME CONCERNS BROUGHT UP BY THE
NEIGHBORS ABOUT SOME OF THE ISSUES.
THE SITE PLAN HAS BEEN REVISED ACCORDINGLY.
THERE WAS CONCERN ABOUT RETENTION PONDS THAT WERE A PART OF
THE ORIGINAL PD THAT WERE NEVER CONSTRUCTED.
AS YOU CAN SEE ON THIS CURRENT PD, THERE ARE TWO LARGE
RETENTION PONDS THAT WILL BE REQUIRED TO BE INSTALLED.
ANOTHER ISSUE THAT WAS BROUGHT UP BY THE NEIGHBORS WAS THE
DUMPSTER THAT WAS IN THE BACK AND THE SHORT ROADWAY WIDTH OF
STATE STREET WITH THE GARBAGE TRUCK WOULD COME IN TO
COLLECT, THEY WOULD INADVERTENTLY GO ON TO PRIVATE PROPERTY
OF THE NEIGHBORS.
TO REMEDY THAT MATTER, WE'VE MOVED THE DUMPSTER UP HERE SO
THERE SHOULD BE NO SOLID WASTE TRUCKS ACCESSING STATE STREET
FOR THIS PARTICULAR SITE.
THE THIRD CHANGE THAT WAS COMPLETED WAS THIS FUTURE BUILDING
ADDITION WAS GOING TO BE 4,000 SQUARE FEET.
THEY REDUCED IT TO 3,000-SQUARE-FOOT.
AS A RESULT, THE PARKING WAIVER REDUCTION REQUEST FROM 33%
DOWN TO 27%.
OTHER THAN THAT STAFF DID FIND IT INCONSISTENT STILL BECAUSE
THEY HAVE A 27% PARKING REDUCTION BASED ON THEIR PROPOSED
USES.
THERE ARE A COUPLE OF CHANGES BETWEEN FIRST AND SECOND
READING, BUT THE MAIN INCONSISTENCY AGAIN WAS BECAUSE OF
PARKING REDUCTION AND SOME OF THE SUBSTANDARD
CHARACTERISTICS OF THE EXISTING SITE.
DO YOU HAVE ANY QUESTIONS FOR ME SINCE THE LAST MEETING?
18:36:10 >>FRANK REDDICK:
ANY QUESTIONS FROM COUNCIL?
18:36:12 >>MARY SAMANIEGO:
THANK YOU.
18:36:13 >>FRANK REDDICK:
ALL RIGHT.
THE APPLICANT?
18:36:15 >> MY NAME IS GLEN OTTLEY.
5646 TRANQUILITY OAK DRIVE, TAMPA, FLORIDA.
I HAVE NOT BEEN SWORN IN.
18:36:38 >>FRANK REDDICK:
BEFORE YOU DO THAT, ANYONE PLANNING -- IN
THE AUDIENCE PLAN ON SPEAKING THAT HAS NOT BEEN SWORN,
PLEASE STAND.
IF YOU'RE GOING TO SPEAK AND HAVE NOT BEEN SWORN IN, PLEASE
STAND.
[OATH ADMINISTERED]
18:37:00 >> AT OUR LAST READING, WE HAD SOME CHANGES AS YOU HAD
ALREADY EXPLAINED.
I HAVE NO OBJECTION TO ANY OF THAT.
WE'RE REQUESTING TO HAVE A MEETING WITH THE OWNER AND THE
NEIGHBORS THAT WERE PRESENT.
THAT WAS DONE.
AND I THINK I BELIEVE WE ARE IN AGREEMENT.
THEY ASKED US, THERE WAS ONE ISSUE WITH THE PARKING AT THE
BACK WHERE THE CARS DRIVE ACROSS AND GO ONTO THE PROPERTY,
AND IT WAS SUGGESTED THAT A HEDGE WOULD BE PUT UP THERE SO
THEY HAVE A -- TO HELP DRIVERS NOT GO TOO FAR.
THE HEDGE WILL BE PLANTED BY THE OWNER AND MAINTAINED BY THE
OWNER SO THAT THE NEIGHBOR WAS OKAY WITH THAT.
OTHER THAN WHAT'S NOT ON THE DRAWING, THERE WAS AGREEMENT
THAT WE WOULD PUT SOME GUTTER IN ON THE BACK OF THE BUILDING
TO DIRECT ALL THE FLOW OF THE WATER DIRECTLY TO THE
CATCHMENT PONDS SO THAT THEY DON'T HAVE ANY WATER RUN INTO
THEIR PROPERTY.
18:38:09 >>FRANK REDDICK:
ANY QUESTIONS FOR THE PETITIONER?
18:38:12 >> SIR, YOU JUST MENTIONED ABOUT THE HEDGE.
WHERE IS THE HEDGE GOING TO BE?
IT'S GOING TO BE ALONG STATE STREET WHICH IS NEXT TO WHERE
YOUR ANGLED PARKING IS AT?
18:38:23 >> YES.
18:38:24 >>MIKE SUAREZ:
IF YOU CAN POINT THAT OUT.
IT WILL BE ON WHICH SIDE?
ON THE OTHER SIDE OF THE STREET THERE?
18:38:29 >> ON THE SOUTH SIDE OF THE STREET, WHICH IS REALLY ON THE
NEIGHBOR'S PROPERTY.
BUT THEY HAVE AGREED THAT WE CAN PUT THE HEDGE AND MAINTAIN
IT.
18:38:40 >>MIKE SUAREZ:
I THINK THAT THE RETENTION PONDS ARE NOT
THERE NOW.
18:38:43 >> NO, THEY ARE NOT THERE NOW.
18:38:44 >>MIKE SUAREZ:
THEY ARE SUPPOSED TO BE PUT IN.
18:38:46 >> YES, THEY'LL HAVE TO BE DONE.
WE HAVE TO SUBMIT DRAWINGS FOR BUILDING, CIVIL DRAWINGS TO
HAVE ALL THAT DONE.
18:38:53 >>MIKE SUAREZ:
AS THE OWNER AND, OF COURSE, BECAUSE IT'S NOT
ON THE SITE PLAN, WE DON'T APPROVE THE AGREEMENTS THAT YOU
HAVE WITH OTHER PARTIES.
ARE YOU GOING TO HAVE A SIGNED AGREEMENT WITH THE OTHER
PARTY ABOUT THE HEDGE?
BECAUSE THE HEDGE IS BEING BUILT ON THEIR PROPERTY.
THAT'S KIND OF AN ISSUE THAT -- NO, NO, I UNDERSTAND IT.
I UNDERSTAND THAT WHEN WE APPROVE THESE THINGS, THE HEDGE,
WHICH I THINK IS A GREAT IDEA, WE DON'T APPROVE THAT PART OF
IT BECAUSE IT'S NOT ON YOUR SITE PLAN.
AND THERE'S NO WAY YOU CAN PUT IT ON YOUR SITE PLAN BECAUSE
YOU DON'T OWN THAT PIECE OF LAND.
I JUST WANTED TO MAKE SURE THAT IT'S ONE THING TO SAY YOU'RE
GOING TO DO SOMETHING.
IT'S ANOTHER THING TO HAVE AN AGREEMENT IN PLACE BETWEEN TWO
PARTIES IN ORDER TO MAKE SURE NOT ONLY PUTTING IT IN BUT
MAINTAINING IT.
THAT'S WHAT I WAS ASKING.
SINCE I WASN'T IN THE MEETING WITH YOU AND THE OWNER AND THE
NEIGHBORS, I THINK WE NEED OF SOME UNDERSTANDING OF THAT.
AND I GUESS THEY CAN ANSWER FOR THAT, TOO, BUT I JUST WANT
TO MAKE SURE YOU UNDERSTOOD, IF WE AGREE TO THIS IT HAS
NOTHING TO DO WITH THE HEDGE AND THAT'S SOMETHING THAT'S
COMPLETELY DIFFERENT.
THANK YOU, CHAIR.
18:40:04 >>FRANK REDDICK:
ANY OTHER QUESTIONS FOR THE PETITIONER?
ANYONE IN THE AUDIENCE WISHING TO SPEAK ON ITEM NUMBER 1?
18:40:28 >> I'M MARGARET HERO.
I'M THE OWNER OF THE PROPERTY THAT THEY ARE SPEAKING ABOUT
ON THE SOUTH SIDE OF THE BUILDING.
WHERE HE'S GOING TO PUT A HEDGE IN, BUT I DO WANT THAT IN
WRITING THAT SHE WILL MAINTAIN IT.
THE DUMPSTER IS ALMOST DIRECTLY BEHIND OUR DRIVEWAY, AND
IT'S VERY HARD TO GET IN AND OUT.
AND THAT WAS SUPPOSED TO BE MOVED SINCE WE MET LAST TIME.
IT'S STILL THERE.
18:41:03 >> ACCORDING TO THE SITE PLAN IT LOOKS LIKE IT GOT MOVED --
18:41:07 >> IT ISN'T MOVED YET.
18:41:09 >>MIKE SUAREZ:
GOT MOVED FROM WHERE IT WAS ON STATE TO THE
-- NO?
18:41:13 >> NOT YET.
18:41:20 >>MIKE SUAREZ:
GO AHEAD AND CONTINUE.
WE'LL ASK SOME QUESTIONS.
18:41:23 >> ALSO, SOMETHING THAT I WAS QUESTIONING BEFORE WAS WHAT
SHE INTENDED TO GO IN THERE.
SHE'S HAD MANY DIFFERENT TENANTS IN THE BUILDING.
SOME WERE OKAY.
SOME WERE TERRIBLE.
I MEAN, WE HAD ROTTEN FOOD JUST RIGHT BEHIND OUR DRIVEWAY.
THAT IS NO LONGER THERE.
BUT THE DUMPSTER IS THERE.
BUT SHE'S ASKING FOR REZONING FOR DAY CARE AND FOR PERSONAL
SERVICES.
AND I QUESTIONED WHAT THAT WAS.
THE DAY CARE THAT SHE'S SAYING SHE INTENDS TO PUT THERE OR
ALLOW TO BE PUT THERE IS SENIOR DAY CARE, WHERE THEY WOULD
BE DROPPED OFF AND PICKED UP, WHICH IS FINE WITH ME.
THE PERSONAL SERVICES, ANY KIND OF -- WELL, PERSONAL --
MASSAGES AND THAT KIND OF THING, BUT THAT'S ALL FINE AND
GOOD.
I JUST WAS QUESTIONING THOSE THINGS THAT THEY WANTED TO GO
IN.
BECAUSE WE'VE HAD REALLY BAD TENANTS BACK THERE.
THEY ARE ASKING TO HAVE AN ADDITION PUT ONTO THE BUILDING,
AND THAT'S FINE.
THEY ARE GOING TO PUT THE DUMPSTER IN FRONT OF THAT
ADDITION.
I GUESS BECAUSE THE ADDITION HASN'T BEEN PUT THERE YET, THEY
HAVEN'T MOVED THE DUMPSTER, BUT IT IS BAD.
ANOTHER ISSUE WE HAVE IS THE PARKING BEHIND THE BUILDING.
MY TIME IS UP?
OKAY.
THEY BACK STRAIGHT INTO OUR PROPERTY.
MY HUSBAND HAD TO PUT BEAMS UP.
THE WATER WAS FLOWING DIRECTLY ACROSS THE STREET ONTO OUR
PROPERTY, ACTUALLY GOING UNDER THE HOUSE.
THEY ARE SUPPOSED TO CORRECT THAT CONCRETE SLAB THAT'S THERE
NOW AND REDIRECT THE WATER SO IT WON'T COME ONTO OUR
PROPERTY.
BUT ALSO THE PARKING NEEDS TO BE ANGLED IF THEY PARK THERE
AT ALL BECAUSE THEY BACK RIGHT INTO OUR PROPERTY.
THE STREET IS VERY NARROW, AND THERE'S NOT ENOUGH ROOM THERE
REALLY.
18:44:23 >>FRANK REDDICK:
HOW MUCH MORE YOU GOT TO TELL US?
18:44:31 >> WELL, NOT TOO MUCH.
18:44:36 >>MIKE SUAREZ:
MS. SAMANIEGO, IF YOU COULD COME UP.
I THINK MOST OF THE ISSUES THAT YOU BROUGHT UP,
MS. SAMANIEGO, WHEN SHE WAS PRESENTING IT TO US HAS HAD
THOSE WERE -- HAS SAID THOSE WOULD BE RESOLVED.
RETENTION PONDS PUT IN, THE WATER IS SUPPOSED TO BE
REDIRECTED, AND THE CURRENT PLACEMENT OF WHERE THE TRASH
RECEPTACLE IS AT IS GOING TO BE ON THE OTHER SIDE.
I JUST WANT TO MAKE SURE THAT MS. SAMANIEGO SAYS IT ON THE
RECORD BECAUSE I'M NOT AS SMART AS SHE IS AND SHE KNOWS MORE
ABOUT IT THAN I DO.
I JUST WANT TO MAKE SURE IT'S CORRECT.
IS THAT RIGHT, MS. SAMANIEGO?
YES, AND THE PARKING DOES APPEAR TO BE ANGLED.
ON THE NEW PLAN, BECAUSE THIS IS THE ONE WE'RE APPROVING
NOW, NOT THE PREVIOUS ONE THAT YOU SAW.
18:45:25 >>MARY SAMANIEGO:
MARY SAMANIEGO FOR THE RECORD.
THIS IS THEIR PROPOSED PLAN.
THE DUMPSTER WILL MOVE UP FRONT.
THE PARKING SPACES ARE GOING TO BE ANGLED.
AND THEN THEY ARE GOING TO HAVE TO PUT IN THE RETENTION
POND.
LEGALLY, WE HAVE TO WAIT UNTIL CITY COUNCIL APPROVES THIS
BEFORE THEY CAN GET BUILDING PERMITS TO ACTUALLY DO ANY OF
THESE IMPROVEMENTS.
SO THAT'S WHY THE DUMPSTER HASN'T MOVED YET.
THEY HAVE TO GET THIS APPROVAL AND THEN BUILDING PERMITS TO
PUT THE ENCLOSURE FOR THE DUMPSTER, TO PUT THE POND IN AND
STRIPE THE PARKING LOT.
ONCE THEY GET PAST THIS STAGE, THEN THEY HAVE TO GO RIGHT TO
PERMITTING TO GET THIS DONE.
18:46:02 >> WELL, THE RETENTION PONDS WERE ON THE PREVIOUS REZONING
AND IT HAS NOT BEEN TAKEN CARE OF, WHICH I HAVE A QUESTION
ABOUT THE RETENTION PONDS.
I DON'T WANT IT TO BE A MOSQUITO-MAKING POND.
I DON'T KNOW IF THERE CAN BE AN AERATOR.
18:46:20 >>MIKE SUAREZ:
THAT IS A GOOD QUESTION THAT STAFF CAN ANSWER
IN TERMS OF WHEN WE ALLOW FOR RETENTION POND TO COME IN.
WHAT ARE THE REQUIREMENTS IN ORDER TO MAKE SURE IT IS
SPRAYED.
TYPICALLY THE COUNTY SPRAYS FOR MOSQUITOES THROUGHOUT THE
COUNTY.
WE DON'T HAVE -- THE CITY DOESN'T SPRAY FOR MOSQUITOES.
SO I THINK THAT IT'S PROBABLY TAKEN CARE OF BY THE COUNTY.
I WANT TO MAKE SURE THERE IS NO REQUIREMENT, MS. SAMANIEGO,
CONCERNING THAT.
18:46:46 >>MARY SAMANIEGO:
MARY SAMANIEGO, YES, THE COUNTY DOES HAVE
A MOSQUITO CONTROL PROGRAM THAT WOULD TAKE CARE OF IT.
AND THEN THE RETENTION POND WOULD HAVE TO MEET ALL CURRENT
STANDARDS.
18:46:58 >> THERE ARE TWO RETENTION PONDS.
18:47:00 >>MARY SAMANIEGO:
CORRECT.
18:47:03 >> TRY TO GET IT TO BE LIKE A FOUNTAIN TO KEEP THE WATER
CIRCULATING.
18:47:09 >>MARY SAMANIEGO:
I DON'T SEE THAT ON THE PLAN.
18:47:13 >> WELL, THAT'S WHAT THE GENTLEMAN SAID.
18:47:15 >>MARY SAMANIEGO:
THAT IS A COMMITMENT HE MADE.
THAT IS NOT A REQUIREMENT.
18:47:21 >>CHARLIE MIRANDA:
THERE IS ONE ITEM THAT WE CANNOT GET
INVOLVED IN.
THAT'S ON YOUR PRIVATE PROPERTY.
WE CANNOT GET BETWEEN TWO PRIVATE INDIVIDUALS MAKING AN
AGREEMENT.
THAT IS NOT ON THIS LAND DEVELOPMENT PLAN.
WHATEVER YOU ALL DECIDE ON, THAT'S BETWEEN YOURSELF AND THE
PROPERTY OWNER.
THE CITY OF TAMPA DOES NOT GET INVOLVED IN THE HEDGES THAT
THEY SAY THEY ARE GOING TO BUILD.
I GUESS THEY WILL.
THEY SAY THEY WILL MAINTAIN IT.
I HOPE THEY WILL.
THAT IS BETWEEN THE TWO PARTIES, YOURSELVES.
NOT US.
18:47:56 >> FIVE YEARS FROM NOW IF IT'S STILL GOING TO BE MAINTAINED.
18:47:59 >>CHARLIE MIRANDA:
WELL, THAT IS THE AGREEMENT -- YOU BETTER
SIGN AN AGREEMENT.
IN THAT AGREEMENT, I CAN ONLY TELL YOU, WRITE LANGUAGE FROM
YOURSELF THAT IF SOMETHING HAPPENS, THE PARTY AT FAULT
SHOULD PAY FOR ALL LEGAL FEES.
18:48:11 >> CAN THAT BE PUT IN WRITING?
18:48:14 >>CHARLIE MIRANDA:
THE ATTORNEY IS LAUGHING SO HE CAN
COLLECT THAT --
[ LAUGHTER ]
18:48:19 >>FRANK REDDICK:
YOU CAN WORK THAT OUT.
YOU HAVE TO DO THAT.
WE CAN'T DO THAT FOR YOU.
18:48:25 >> ONE OTHER THING --
18:48:27 >>FRANK REDDICK:
LET THIS BE THE LAST ONE.
18:48:29 >> IT IS THE LAST ONE.
PROMISE.
I SUGGESTED ADDING A GUTTER TO THE LARGE LONG ROOF AND
REDIRECTING THAT WATER BECAUSE THAT COMES RIGHT ONTO THE
CONCRETE INTO OUR PROPERTY.
18:48:42 >>FRANK REDDICK:
IT'S ALL ON THAT SITE PLAN THAT THEY TALKED
TO YOU ABOUT.
EVERYTHING IS ON THAT SITE PLAN THEY PLAN ON DOING.
LIKE STAFF JUST TOLD YOU, WE HAVE TO APPROVE THIS FIRST.
AND SO IF YOU ALLOW US TO VOTE, WE CAN TRY AND GET THIS DONE
AND YOU'LL BE HAPPY.
18:49:06 >> ONCE YOU VOTE AND IT PASSES, IS THERE A TIME LIMIT?
I WANT TO GET THAT DUMPSTER AWAY FROM THERE.
18:49:13 >>MIKE SUAREZ:
WE DON'T HAVE ANY CONTROL OVER THAT.
WE WILL VOTE ON IT ONCE AND IN TWO WEEKS WE VOTE ON IT A
SECOND TIME.
IF WE VOTE AN APPROVAL THE SECOND TIME, THEY ARE ABLE TO GET
THE PERMITS AND BE ABLE TO BUILD AND DO EVERYTHING ELSE.
THAT'S WHEN THE PROCESS STARTS REALLY.
SO IT WILL BE A WHILE.
THANK YOU.
18:49:31 >>FRANK REDDICK:
ANYONE ELSE WISHING TO SPEAK ON ITEM NUMBER
1?
18:49:37 >> BEFORE YOU CLOSE.
IF I COULD ASK THE PETITIONER ONE THING VERY QUICK BEFORE WE
CLOSE.
18:49:43 >>FRANK REDDICK:
OKAY.
PETITIONER.
18:49:47 >> GLEN OTTLEY.
18:49:48 >>MIKE SUAREZ:
THANK YOU, SIR.
I WANT TO MAKE SURE THAT THE AGREEMENT THAT THE OWNER OF THE
BUILDING IS GOING TO GO FORWARD, ALTHOUGH WE DON'T HAVE ANY
CONTROL OVER THAT AT ALL, YOU'VE MADE A COMMITMENT HERE
PUBLICLY THAT THAT IS SOMETHING THAT YOU WANTED TO DO.
I WOULD SUGGEST THAT IN THE TWO-WEEK TIME FRAME BETWEEN
WHATEVER HAPPENS NOW AND WHATEVER HAPPENS TO THE SECOND ONE
THAT THAT BE PROVIDED TO US.
I KNOW THERE'S ONE VOTE IN PARTICULAR THAT IS NOT GOING TO
BE IN FAVOR OF IT IF THAT IS NOT SHOWN TO US.
SO TRY AND GET THAT DONE AS QUICKLY AS POSSIBLE BECAUSE EVEN
THOUGH IT IS NOT PART OF THIS, I THINK THAT YOU'VE MADE A
PUBLIC STATEMENT TO THAT EFFECT AND WE WANT TO SEE IT.
I DO AT LEAST.
I DON'T KNOW ABOUT ANYONE ELSE.
18:50:35 >> YEAH, I'LL MAKE THE ARRANGEMENT.
WHAT HAPPENED IS THAT SHE HAS A COMPANY THAT COMES AND DO
ALL THE HEDGES AROUND THERE.
SHE SAYS ALL SHE HAS TO DO IS TELL THEM --
18:50:46 >>MIKE SUAREZ:
IT HAS NOTHING TO DO WITH THE AGREEMENT.
18:50:49 >> I'LL MAKE THE ARRANGEMENT.
18:51:01 >>KRISTIN MORA:
KRISTIN MORA, LEGAL DEPARTMENT.
EVERYTHING IS FINE, THANK YOU.
OTHER THAN IT'S VERY HOT.
TO BE CLEAR, THE AGREEMENT IS NOT SOMETHING THAT CAN BE
ENFORCED BY THE CITY AND IT SHOULD NOT BE A PART OF THIS
COUNCIL'S DETERMINATION ABOUT WHETHER OR NOT TO VOTE ON
THIS.
IT IS JUST INFORMATIONAL AND HELPFUL BETWEEN THOSE TWO
NEIGHBORS TO WORK OUT DIFFERENCES BETWEEN THEM.
THAT SHOULD NOT ENTER INTO YOUR CONSIDERATION ABOUT WHETHER
OR NOT TO VOTE ON THIS PARTICULAR PROJECT.
I WILL ALSO MENTION FOR THE RECORD, THEY DO NOT HAVE THEIR
RETENTION POND CURRENTLY.
THEY NEED TO PUT IT IN IF THIS IS APPROVED, THEY'LL NEED TO
PUT IT IN IN ACCORDANCE WITH THIS NEW PLAN.
IF THAT DOES NOT HAPPEN, CODE ENFORCEMENT COULD BE CALLED
AND CODE ENFORCEMENT CAN ALSO BE CALLED IN THE FUTURE IF
THEY DO NOT COMPLY WITH THE NEW PLAN IF THAT IS APPROVED.
I'LL JUST SAY THAT FOR THE RECORD FOR EVERYONE'S CLARITY.
18:51:56 >>FRANK REDDICK:
THANK YOU.
ANY OTHER COMMENTS OR QUESTIONS?
WE HAVE A MOTION FROM MR. COHEN, SECOND FROM MR. MANISCALCO,
ALL IN FAVOR OF THE MOTION TO CLOSE, AYE.
OPPOSED?
ALL RIGHT.
MR. MIRANDA.
KIND OF ENOUGH TO READ NUMBER 1.
18:52:12 >>CHARLIE MIRANDA:
ITEM NUMBER 1, REZ18-35, AN ORDINANCE
BEING PRESENTED FOR FIRST READING CONSIDERATION, ORDINANCE
REZONING PROPERTY IN THE GENERAL VICINITY OF 3040 WEST
CYPRESS STREET IN THE CITY OF TAMPA, FLORIDA, AND MORE
PARTICULARLY DESCRIBED IN SECTION 1 FROM ZONING DISTRICT
CLASSIFICATION PD, (PLANNED DEVELOPMENT, OFFICE,
BUSINESS/PROFESSIONAL, RETAIL, CHURCH, PHARMACY), TO PD
(PLANNED DEVELOPMENT, MEDICAL OFFICE, BUSINESS/PROFESSIONAL
OFFICE, DAYCARE, RETAIL SALES, SPECIALTY GOODS, SCHOOL,
PHARMACY, PERSONAL SERVICES, PLACE OF RELIGIOUS ASSEMBLY),
PROVIDING AN EFFECTIVE DATE.
18:52:46 >>YVONNE CAPIN:
SECOND.
18:52:50 >>CHARLIE MIRANDA:
ALONG WITH THE REVISION SHEET.
18:53:00 >>FRANK REDDICK:
WE HAVE A MOTION FROM MR. MIRANDA.
SECOND BY MS. CAPIN.
ANY DISCUSSION OF THE MOTION?
ALL THOSE IN FAVOR OF THE MOTION SAY AYE.
OPPOSED.
18:53:09 >>THE CLERK:
MOTION CARRIED UNANIMOUSLY.
SECOND READING AND ADOPTION WILL BE AUGUST 23rd AT
9:30 A.M.
18:53:17 >>FRANK REDDICK:
ITEM NUMBER 3.
18:53:25 >> RYAN MANASSE.
18:53:28 >> IF I MAY, I HAVE TO PRECLUDE MYSELF FROM VOTING ON THIS
DUE TO THE FACT THAT I HAVE AN OWNERSHIP INTEREST IN THE
PROPERTY THAT IS NEAR THAT.
18:53:39 >>MARTIN SHELBY:
ABSTAIN.
18:53:41 >>LUIS VIERA:
YES, SIR.
18:53:42 >>MARTIN SHELBY:
THE PAPERWORK THAT YOU WILL BE FILING AT
NEXT WEEK'S MEETING.
18:53:46 >>LUIS VIERA:
THANK YOU.
[ENCODER DROP]
18:54:45 >> THIS PETITION IS NOT CONSIDERED A CHANGE OF USE.
PROPOSED AB 2,915 SQUARE FEET INDOOR, 614 SQUARE FEET
OUTSIDE FOR A TOTAL OF 3,529 SQUARE FEET.
THE PROPOSED SITE PLAN STATES NO AB SALES AREA WITHIN THE
PARKING OR LOADING AREA OR SPACE.
HOURS OF OPERATION WILL BE PURSUANT TO CHAPTER 14 AS MAY BE
ENDED AND ALL PERMITS ISSUED AFTER APRIL 1st, 2011 SHALL
BE KEPT ON-SITE.
COPY OF ADOPTED ORDINANCE AND ASSOCIATED SITE PLAN, ALCOHOL
BEVERAGE SALES PERMIT.
THE WAIVER REQUESTED FOR THE PETITION COME FROM SECTION
27132 FOR DISTANCE SEPARATION REQUIREMENTS, ONE FROM
RESIDENTIAL FROM 250 FEET TO 48 FEET, AND FROM AB SALES
ESTABLISHMENTS FROM 250 FEET TO 16 FEET.
LAND DEVELOPMENT DID FIND THAT INCONSISTENT DUE TO THE
DISTANCE SEPARATION REQUIREMENTS LISTED.
THE CLOSEST AB SALES ESTABLISHMENT IS IN THE SAME VICINITY
OF THE SHOPPING CENTER.
VALLARTA'S MEXICAN RESTAURANT ON EAST BUSCH BOULEVARD AND
UNIVERSITY COMMERCIAL ZONING 4 COP IS THE ALCOHOL BEVERAGE
LICENSE THEY HOLD.
AND IT'S AT 16 FEET.
THE CLOSEST RESIDENTIAL IS RESIDENTIAL SINGLE-FAMILY AT 5135
STERLING MANOR DRIVE.
PD AND AT 48 FEET.
THE PROPERTY IS LOCATED IN A MIXED USE CORRIDOR VILLAGE AND
BRUCE B. DOWNS BOULEVARD IS A TRANSIT EMPHASIS CORRIDOR.
18:56:19 >> IS THIS A SMALL INCREASE IN THE SALES AREA?
18:56:23 >> THERE WAS A SMALL INCREASE IN SALES AREA BUT PROBABLY A
DISCREPANCY BETWEEN THE SURVEY FROM THE PREVIOUS TO THIS
CURRENT.
WE'RE NOT CONSIDERING IT A CHANGE OF USE.
REALLY, THE CHANGE HERE IS COMING FROM RESTAURANT TO A SMALL
VENUE.
THIS IS BEHIND THE STRIP CENTER.
YOU SEE THERE IS AN ACCESS WAY.
THIS IS A WALL COVERED IN HEDGES.
CLOSEST RESIDENTIAL IS RIGHT BEHIND HERE.
THIS IS BEHIND THE FAT RABBIT.
AND THIS IS THE ENTRANCE FROM BRUCE B. DOWNS.
HERE IS THE VICINITY MAP.
THE X RIGHT HERE IS RELATIVELY WHERE THE FAT RABBIT IS AND
THEN THE RESIDENTIAL AND THEN THE OTHER AB SALES
ESTABLISHMENT IN THAT STRIP CENTER.
AND STAFF IS AVAILABLE FOR ANY QUESTIONS.
18:57:22 >>FRANK REDDICK:
ALL RIGHT.
ANY QUESTIONS FOR STAFF?
MR. BENTLEY.
18:57:35 >> GOOD EVENING, MR. CHAIRMAN, MEMBERS OF COUNCIL.
MARK BENTLEY, 401 EAST JACKSON STREET, TAMPA, 33602.
I'VE BEEN SWORN.
I REPRESENT BOX AND BEAR HOLDINGS DOING BUSINESS AS THE FAT
RABBIT PUB.
LAST MAY I BELIEVE CITY COUNCIL APPROVED THE LOCATION FOR
THE SALE OF BEER, WINE, AND LIQUOR IN CONNECTION WITH A
RESTAURANT.
SO THE SUBJECT PROPERTY IS LOCATED IN THE 15-ACRE SHOPPING
CENTER THAT IS ACTUALLY OWNED BY PUBLIX.
IT'S ABOUT 176,000 SQUARE FEET.
THE TENANT SPACE IS ROUGHLY 3,000 SQUARE FEET.
IN TERMS OF THE ONLY WAIVERS WE REQUIRE SEPARATION WHICH IS
ANOTHER RESTAURANT IN THE CENTER, AND THEN ALSO FROM THE
RESIDENTIALLY ZONED PROPERTY, WHICH IS LOCATED TO THE EAST
OF THE SUBJECT PROPERTY.
IN TERMS OF MITIGATION, WE FRONT THE CENTER.
WE HAVE ABOUT 300 SQUARE FEET, A LITTLE OUTSIDE AREA FOR
DINERS WITHOUT MUSIC.
THE ACTUAL TRAVEL DISTANCE TO GET TO THE RESIDENTIALLY ZONED
PROPERTY, YOU'D HAVE TO GO OUT TO BRUCE B. DOWNS.
IT'S PROBABLY A HALF MILE BEFORE YOU GOT TO THE RESIDENTIAL.
WHAT HAPPENED BASICALLY OR DIDN'T HAPPEN IS WHEN WE GOT THE
APPROVAL LAST YEAR, WE IDENTIFIED THE USE AS RESTAURANT, BUT
WE FAILED TO PUT ON THE SITE PLAN SMALL VENUE.
CONSEQUENTLY THAT MADE THE LOCATION SUBJECT TO 51%
REQUIREMENT.
SO IT'S KIND OF ANALOGOUS TO THE DUCKY SITUATION.
SO IF YOU LOOK AT OUR SITE PLAN, THE ONE THAT RYAN REVIEWED
AND THE ONES BEFORE YOU, YOU CAN SEE THAT NOTWITHSTANDING
CHARACTERIZED AS A SMALL VENUE NOW, IT SAYS PROPOSED USE, IT
SAYS RESTAURANT.
AND IT'S GOT A FULL KITCHEN AND ALL THE GOOD STUFF LIKE
THAT.
IT IS A RESTAURANT.
IT CANNOT MEET THE 51%.
IT GETS PRETTY CLOSE.
I'VE GOT THE MENUS AND THINGS LIKE THAT, BUT IT'S VERY
HIGHLY REGARDED AND NOW A PRETTY WELL ESTABLISHED RESTAURANT
AND FAMILY PUB OUT THERE.
SO NOTHING IS CHANGING IS THE BOTTOM LINE.
IT'S STILL THE SAME SQUARE FOOTAGE.
RYAN MENTIONED A NOMINAL INCREASE, AND THAT'S BECAUSE WE HAD
LEFT OFF INADVERTENTLY THE STORAGE AREA.
IT'S ABOUT HUNDRED SQUARE FEET OR SO.
I DON'T HAVE THE NUMBERS IN FRONT OF ME.
BUT LOCATED BACK HERE, WE INCLUDED THAT.
SO UNLESS YOU HAVE ANY QUESTIONS, WE'D RESPECTFULLY REQUEST
YOUR APPROVAL.
19:00:04 >>MIKE SUAREZ:
I'M GLAD YOU MENTIONED IT.
I KNEW THAT THE REASON WHY HAD TO BE -- BECAUSE IT DIDN'T
MAKE ANY SENSE TO CHANGE IT FROM RESTAURANT TO SMALL VENUE
THAT YOU COULDN'T MEET THE REQUIREMENTS.
THAT'S WHAT I FIGURED IT MUST HAVE BEEN.
BECAUSE A YEAR AFTER OPENING, THEY'VE BEEN OPEN ABOUT A
YEAR, HAVEN'T THEY?
19:00:20 >> IT'S BEEN A YEAR THIS JULY.
19:00:22 >>MIKE SUAREZ:
A YEAR AFTER OPENING THEY REALIZE, OH, WAIT A
MINUTE, WE'RE ACTUALLY NOT A RESTAURANT.
WE SELL MORE LIQUOR.
I FIGURED THAT'S WHAT IT WAS.
I APPRECIATE YOU BRINGING THAT UP RIGHT AWAY SO WE KNEW
EXACTLY WHAT WAS GOING ON.
19:00:32 >> THANK YOU.
19:00:33 >>MIKE SUAREZ:
THANK YOU.
19:00:33 >>FRANK REDDICK:
ANY OTHER QUESTIONS FOR THE PETITIONER?
ANYONE IN THE AUDIENCE WISHING TO SPEAK ON ITEM NUMBER 3?
19:00:40 >> MOVE TO CLOSE.
19:00:41 >> SECOND.
19:00:41 >>FRANK REDDICK:
GOT A MOTION FROM MR. MIRANDA.
SECONDED BY MS. CAPIN TO CLOSE ITEM NUMBER 3.
ALL IN FAVOR OF THE MOTION SAY AYE.
OPPOSED.
COUNCILWOMAN CAPIN, WOULD YOU BE KIND TO READ NUMBER 3?
19:00:55 >>YVONNE CAPIN:
THANK YOU.
ORDINANCE BEING PRESENTED FOR FIRST READING CONSIDERATION,
AN ORDINANCE APPROVING A SPECIAL USE PERMIT S 2 FOR
ALCOHOLIC BEVERAGE SALES, SMALL VENUE, CONSUMPTION ON
PREMISES ONLY, MAKING LAWFUL THE SALE OF BEVERAGES
REGARDLESS OF ALCOHOLIC CONTENT, BEER, WINE, AND LIQUOR.
AND THAT CERTAIN LOT OR TRACT OF LAND LOCATED AT 16029 TAMPA
PALMS BOULEVARD, TAMPA, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN SECTION 3 THAT ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT ARE REPEALED.
REPEALING ORDINANCE NUMBER 2017-76, PROVIDING AN EFFECTIVE
DATE.
19:01:33 >>FRANK REDDICK:
MOTION FROM COUNCILWOMAN CAPIN.
SECONDED BY MR. MIRANDA.
ANY FURTHER DISCUSSION ON THE MOTION?
ALL THOSE IN FAVOR OF THE MOTION, AYE.
OPPOSED?
19:01:43 >>THE CLERK:
MOTION CARRIED UNANIMOUSLY.
THE SECOND READING AND ADOPTION -- CORRECTION.
MOTION CARRIED WITH VIERA ABSTAINING.
SECOND READING AND ADOPTION WILL BE ON AUGUST 23rd AT
9:30 A.M.
19:02:01 >> THANK YOU VERY MUCH.
TAKE CARE.
19:02:02 >>FRANK REDDICK:
ITEM NUMBER 4.
19:02:03 >>Ryan Manasse:
LAND DEVELOPMENT COORDINATION.
ITEM NUMBER 4 IS PETITION AB2-18-18, LOCATED AT 4426 WEST
GANDY BOULEVARD.
THE CURRENT ZONING IS CI AND CG.
THE FUTURE LAND USE IS UMU-60.
THE DEVELOPMENT AGREEMENT, THE PLANNING STAFF HAS REVIEWED
THE APPLICATION AND FINDS IT INCONSISTENT WITH CITY OF TAMPA
LAND DEVELOPMENT REGULATIONS.
MINOR CORRECTIONS TO THE SITE PLAN ARE NEEDED BETWEEN FIRST
AND SECOND READING.
THE 4426 WEST GANDY BOULEVARD SITE IS CURRENTLY APPROVED FOR
A RESTAURANT, BEER, WINE, AND LIQUOR CONSUMPTION ON
PREMISES.
THE PROPOSED USE FOR THIS PETITION IS A RESTAURANT BEER,
WINE, AND LIQUOR CONSUMPTION ON PREMISES.
THE MOST NOTABLE CHANGE IN THE NEW PETITION TO THE ACTIVE
ORDINANCE IS THE INCREASE IN AB SALES AREA FOR THE OUTSIDE
AB SALES AREA ADDITION.
THERE'S AN INCREASE IN OCCUPANCY WHICH REQUIRES MORE PARKING
SPACES FOR THE RESTAURANT.
THE PROPOSED AB SALES AREA INSIDE IS 4,959 SQUARE FEET, 390
SQUARE FEET OUTSIDE FOR A TOTAL OF 5,349 SQUARE FEET.
THE OCCUPANCY IS AT 250 PEOPLE, REQUIRING 63 PARKING SPACES.
AND THERE ARE 50 PARKING SPACES PROVIDED.
THE PROPOSED SITE PLAN STATES NO AB SALES AREA WITHIN THE
PARKING AND LOADING AREA OR SPACE AND THAT THE HOURS OF
OPERATION ARE LISTED AS MONDAY THROUGH THURSDAY, 11 A.M. TO
10 P.M., FRIDAY AND SATURDAY 11 A.M. TO 10:30 P.M.
AND SUNDAY 11 A.M. TO 9 P.M.
THE SITE PLAN DOES STATE NO OUTDOOR AMPLIFIED SOUND SYSTEM.
THE WAIVERS REQUESTED COME FROM SECTION 27-132 TO REQUIRE
DISTANCE SEPARATION FROM RESIDENTIAL USES FROM 250 FEET TO
60 FEET.
27132 TO REDUCE DISTANCE SEPARATION REQUIREMENT FROM OTHER
AB SALES ESTABLISHMENTS FROM 250 FEET TO 12 FEET.
27283.7 TO REDUCE THE REQUIRED OFF-STREET PARKING SPACES
FROM 63 TO 50.
THAT'S A 21% REDUCTION.
SECTION 27283.12 TO REDUCE THE BACKUP WIDTH FROM SIX FEET TO
ZERO.
AND SECTION 27283.12J TO ALLOW COMMERCIAL TRAFFIC ACCESS TO
A LOCAL STREET.
AND THAT LOCAL STREET IS SOUTH HESPERIDES STREET.
LAND DEVELOPMENT DID FIND IT INCONSISTENT DUE TO 272837 THE
REQUIRED PARKING FROM 63 TO 50 SPACES, 21% REDUCTION AND
27132 THE DISTANCE SEPARATION REQUIREMENT FROM RESIDENTIAL
USES AND OTHER AB SALES ESTABLISHMENTS.
TRANSPORTATION FOUND IT INCONSISTENT AS WELL WITH 27283.7
WITH 63 PARKING SPACES REQUIRED AND ONLY 50 BEING PROVIDED.
27283.12, THE CODE REQUIRES THAT THE BACKUP LANES MUST BE A
MINIMUM OF SIX FEET.
SITE PLAN MEASURES ZERO ON THE NORTHEAST END OF THE PARKING
AREA.
AND ALSO FROM TRANSPORTATION 27283.12J, THE CODE REQUIRES
INGRESS AND EGRESS FROM NONRESIDENTIAL PARKING LOTS TO
ACCESS ARTERIAL, COLLECTOR STREETS AND SOUTH HESPERIDES
STREET IS A LOCAL STREET.
THE CLOSEST AB SALES ESTABLISHMENT IS HOOTERS RESTAURANTS
RESTAURANT AT 4420 WEST GANDY BOULEVARD.
ZONED CI AND CG.
HOLDS A 4 COP LICENSE AND IS 12 FEET AWAY.
THE CLOSEST RESIDENTIAL IS A SINGLE-FAMILY RESIDENCE AT
5,000 SOUTH HESPERIDES STREET, RS 50 AT 60 FEET AWAY.
PSTA 100X EXPRESS ROUTE RUNS FROM PINELLAS COUNTY TO
DOWNTOWN TAMPA WEEKDAYS TYPICALLY FROM 4:40 A.M. TO
8:47 P.M.
AND GANDY BOULEVARD IS A TRANSIT EMPHASIS CORRIDOR.
I WOULD LIKE TO SHOW YOU SOME PICTURES.
THIS IS THE FRONT OF THE ESTABLISHMENT, INCLUDING THE FRONT
PARKING AREA.
THIS IS THE SAME FRONT PARKING AREA LOOKING WEST.
THIS IS LOOKING EAST ON GANDY, MY CORRECTION THERE.
I THINK MY COMPASS WAS OFF THAT DAY.
AND THAT'S LOOKING WEST ON GANDY.
THIS IS THE REAR PARKING AREA ON THE TOP PHOTO.
AND THIS IS THE BACK SIDE OF THE REAR PARKING AREA WITH THE
CLOSEST RESIDENTIAL BEHIND.
THIS IS JUST A CLOSER PICTURE OF THAT WALL, INCLUDE THE
BUFFER AREA BETWEEN THE RESIDENTIAL, AND THERE IS HOOTERS
NEXT DOOR.
AND FOR A LITTLE ORIENTATION, HERE IS THE SUBJECT ADDRESS,
RESIDENTIAL, CLOSEST AB SALES ESTABLISHMENT.
AND STAFF IS AVAILABLE FOR ANY QUESTIONS.
19:06:37 >>FRANK REDDICK:
ANY QUESTIONS FROM COUNCIL?
PETITIONER?
19:06:48 >> GOOD EVENING.
MY NAME IS AVA KONSTANTINIDIS.
MY HUSBAND AND I HAVE OWNED THE PROPERTY SINCE SEPTEMBER OF
2001.
WE HAVE HAD A LIQUOR LICENSE. WHAT WE ARE TRYING TO DO NOW
IS WE HAVE A SMALL PATIO AND WE'RE TRYING TO OFFER ALCOHOLIC
BEVERAGES FOR THOSE WHO ARE OUTSIDE SMOKING, FOR THOSE WHO
BRING THEIR PETS AND WANT TO SIT OUTSIDE, JUST A SMALL
EXTENSION OF WHAT WE CURRENTLY HAVE.
19:07:09 >>FRANK REDDICK:
ANY QUESTIONS FROM COUNCIL?
ANYONE IN THE AUDIENCE WISHING TO SPEAK ON ITEM NUMBER 4.
19:07:16 >>CHARLIE MIRANDA:
MOVE TO CLOSE.
19:07:17 >> SECOND.
19:07:18 >>FRANK REDDICK:
GOT A MOTION FROM MR. MIRANDA, SECONDED BY
MR. MANISCALCO, ALL IN FAVOR OF THAT MOTION SAY AYE.
OPPOSED.
MR. MANISCALCO.
19:07:27 >>GUIDO MANISCALCO:
THANK YOU VERY MUCH, MR. CHAIRMAN.
I HAVE AN ORDINANCE BEING PRESENTED FOR FIRST READING
CONSIDERATION, AN ORDINANCE APPROVING A SPECIAL USE PERMIT
S-2 FOR ALCOHOLIC BEVERAGE SALES RESTAURANT CONSUMPTION ON
PREMISES ONLY AND MAKING LAWFUL SALE OF BEVERAGES REGARDLESS
OF ALCOHOL CONTENT BEER, WINE, LIQUOR, CERTAIN LOT, PLOT,
TRACT OF LAND LOCATED ON 4426 WEST GANDY BOULEVARD IN TAMPA,
FLORIDA, AS MORE PARTICULARLY DESCRIBED IN SECTION 3, ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT ARE REPEALED,
REPEALING ORDINANCE NUMBER 2002-07, PROVIDING AN EFFECTIVE
DATE.
19:08:02 >>FRANK REDDICK:
MOTION FROM MR. MANISCALCO, SECONDED BY
MR. COHEN.
ANY FURTHER DISCUSSION OF THE MOTION.
ALL IN FAVOR, AYE.
OPPOSED.
19:08:10 >>THE CLERK:
MOTION CARRIED UNANIMOUSLY.
SECOND READING AND ADOPTION WILL BE AUGUST THE 23rd, 2018
AT 9:30 A.M.
19:08:18 >>FRANK REDDICK:
ALL RIGHT.
THIS CONCLUDES ONE SECTION OF OUR NIGHT MEETING.
MR. SUAREZ, ANY NEW BUSINESS?
19:08:24 >>MIKE SUAREZ:
NO, SIR.
19:08:25 >>FRANK REDDICK:
MR. COHEN.
19:08:26 >>HARRY COHEN:
YES, I HAVE A COUPLE OF ITEMS.
THE FIRST INVOLVES THE ITEM THAT'S BEEN IN THE NEWS RECENTLY
RELATED TO THE STAND YOUR GROUND LAW.
LAST WEEK'S SHOOTING IN CLEARWATER OF MARKEIS MCGLOCKTON IS
JUST THE LATEST EXAMPLE OF HOW STAND YOUR GROUND DESTROYS
LIVES AND MAKES US QUESTION WHETHER EITHER THE VICTIM OR THE
SHOOTER WILL GET THE JUSTICE THAT THEY DESERVE.
2017 OXFORD UNIVERSITY STUDY CONCLUDED THAT FLORIDA STAND
YOUR GROUND LAW AND REMOVING RESTRICTIONS ON WHEN AND WHERE
INDIVIDUALS CAN USE FORCE IS ASSOCIATED WITH A 24.4%
INCREASE IN HOMICIDE AND A 31.6% INCREASE IN FIREARM-RELATED
HOMICIDE.
A 2015 STUDY OF 238 "STAND YOUR GROUND" CASES REPORTED BY
THE TAMPA BAY TIMES SAYS THAT DEFENDANTS WERE TWICE AS
LIKELY TO BE CONVICTED WHEN THERE WAS A NONWHITE VICTIM
SHOWING A QUANTIFIABLE RACIAL BIAS.
THEREFORE, I'D LIKE TO MAKE A MOTION THAT AS LONG AS THIS
LAW IS ON THE BOOKS, MORE DAMAGE WILL BE DONE TO LIVES
ACROSS THE STATE AS WELL AS THE INTEGRITY OF OUR JUSTICE
SYSTEM.
WE CANNOT AFFORD TO WAIT.
I WOULD LIKE TO ASK THIS COUNCIL TO SEND A LETTER TO THE
GOVERNOR ASKING HIM TO HAVE A SPECIAL SESSION TO REPEAL IT.
19:09:44 >> SECOND.
19:09:44 >>HARRY COHEN:
AND THAT WE SENT A COPY OF THAT LETTER TO ALL
OF OUR LEGISLATIVE DELEGATION.
19:09:48 >> SECOND.
19:09:49 >>FRANK REDDICK:
ALL RIGHT.
GOT A MOTION FROM MR. COHEN.
SECONDED BY MR. MANISCALCO.
ANY DISCUSSION ON THE MOTION?
19:09:55 >>MIKE SUAREZ:
JUST ONE THING, CHAIR, I WOULD SUGGEST IF WE
COULD, INCLUDE PART OF IT IS CONTACT AND SEND THAT LETTER TO
ATTORNEY GENERAL BONDI.
AND ASK HER FOR AN INVESTIGATION AS TO THOSE CASES THAT DEAL
WITH "STAND YOUR GROUND" BECAUSE I DO BELIEVE EVERYTHING YOU
SAID IN TERMS OF EVIDENCE IS ABSOLUTELY TRUE AND IT IS THE
ONE PLACE WE HAVE NOT TALKED ABOUT, HOW STAND YOUR GROUND
ACTUALLY AFFECTS PEOPLE.
HAD A CASE IN JACKSONVILLE, WHERE A WOMAN WAS A VICTIM OF
DOMESTIC ABUSE WHO HAD A GUN, SHOT IT IN THE AIR.
SHE GOT ARRESTED.
SHE WAS CONVICTED ONLY BECAUSE SHE SHOT A WEAPON IN A HOUSE.
THINGS LIKE THIS HAVE TO BE CLARIFIED BECAUSE WITHOUT IT,
WE'RE ALL IN DANGER OF BEING OUT SOMEWHERE WITH SOMEONE THAT
HAS A WEAPON AND THINK THEY CAN BRANDISH IT AT ANY MOMENT.
I APPRECIATE THE FACT THAT YOU MADE THAT MOTION.
19:10:53 >>HARRY COHEN:
I WOULD BE HAPPY TO ACCEPT THAT FRIENDLY
ENDMENT.
I THINK THAT'S AN EXCELLENT IDEA.
I JUST WANT TO SAY THAT IN LEARNING ABOUT THIS, THE WORST
THING THAT'S HAPPENED, HAPPENED IN THE LAST YEAR OR TWO WHEN
THEY CHANGED THE BURDEN OF PROOF SO THE PROSECUTORS HAVE TO
ACTUALLY PROVE BEYOND A REASONABLE DOUBT THE NEGATION OF THE
DEFENSE BEFORE THEY EVEN GO FORWARD.
AND IT'S REALLY OUTRAGEOUS.
TOTALLY DIFFERENT FROM THE WAY THE CRIMINAL JUSTICE SYSTEM
WORKS IN EVERY OTHER AREA OF THE LAW.
19:11:21 >>FRANK REDDICK:
YOU HAVE A TIMELINE?
19:11:23 >>HARRY COHEN:
I'D LIKE US TO DO IT RIGHT AWAY.
I THINK WE'LL GET THE LETTER WRITTEN RIGHT AWAY FOR YOUR
SIGNATURE.
19:11:29 >>FRANK REDDICK:
THAT WOULD BE FINE.
ANY FURTHER DISCUSSION ON THIS?
19:11:34 >>YVONNE CAPIN:
[MICROPHONE NOT ON]
19:11:43 >> HOPEFULLY THE PEOPLE WILL TAKE NOTE.
19:11:45 >>FRANK REDDICK:
HOMICIDE UP BY 75% SINCE THEY STARTED IT.
19:11:48 >>HARRY COHEN:
THAT'S CORRECT.
19:11:55 >>LUIS VIERA:
SOMETHING THAT COUNCILMAN COHEN SAID BRINGS TO
LIGHT THAT THIS IS SOMETHING THAT BURDENS PROSECUTORS.
IT BURDENS VICTIMS.
IT TO ME IS A PROCRIMINAL STATUTE.
I DON'T UNDERSTAND HOW OUR LEGISLATURE IN TALLAHASSEE THAT
PRIDES ITSELF IN BEING TOUGH ON CRIME CAN SUPPORT THIS.
LOOK AT WHAT JUST RECENTLY HAPPENED A FEW DAYS AGO.
YOU HAVE A YOUNG MAN KILLED IN FRONT OF HIS FIVE-YEAR-OLD
SON, IN FRONT OF HIS GIRLFRIEND.
THAT WOMAN AND HER CHILDREN WENT HOME HAVING TO TELL THEIR
KIDS THEIR DAD IS DEAD, THEY'LL NEVER SEE HIM AGAIN.
AND THERE WILL BE NO JUSTICE BECAUSE OF THE LAW.
THAT MAKES ME WANT TO HOLLER.
MARVIN GAYE.
SORRY.
BUT IT DOES.
IT DOES.
THAT JUST CAME OUT.
BUT IT DOES.
IT'S OUTRAGEOUS.
THIS HAS NOTHING TO DO WITH SELF-DEFENSE.
SELF-DEFENSE IS A TIME HONORED TRADITION IN OUR COUNTRY.
PEOPLE WHO HAVE PRIVATE FIREARMS AND ARE PRIVATELY ARMED ARE
TO BE AS I RECENTLY READ, DEFENDERS, NOT AGGRESSOR AND
CERTAINLY NOT ENFORCERS.
WE HAVE PRIVATE LAW ENFORCEMENT FOR THAT, AND WE HAVE PEOPLE
IN THEIR OWN SICK MINDS LIKE WE SAW HERE TRYING TO BE
CHARLES BRONSON WITH TRAGIC RESULTS.
I SUPPORT THIS AND THANK YOU, COUNCIL MEMBER.
19:13:20 >>FRANK REDDICK:
ALL OF IT OVER A HANDICAP PARKING SPACE.
19:13:27 >>GUIDO MANISCALCO:
THANK YOU FOR BRINGING THIS UP.
THIS "STAND YOUR GROUND" OPENS UP PANDORA'S BOX.
ALL SOMEBODY HAS TO SAY IS I WAS IN FEAR OF MY LIFE.
IN COURT OF LAW IT HAS TO BE PROVEN WHETHER IT WAS OR NOT.
THEN YOU HAVE THE CASES.
I WON'T BRING UP SPECIFIC ONES.
IT'S -- JUSTICE IS NOT SERVED IN MANY CASES.
19:13:49 >> MANY OF US SERVED HERE TOGETHER DURING THE TRAYVON MARTIN
INCIDENT.
THAT WAS SIX, SEVEN YEARS AGO AND NOTHING HAS CHANGED.
19:13:57 >>YVONNE CAPIN:
IT'S ACTUALLY WORSE.
19:14:02 >>FRANK REDDICK:
MOTION BY MR. COHEN.
SECONDED BY MR. MANISCALCO, ANY FURTHER DISCUSSION?
ALL IN FAVOR OF THE MOTION, AYE.
19:14:10 >>HARRY COHEN:
TWO OTHER ITEMS VERY BRIEFLY.
FIRST OF ALL, I'D LIKE TO HAVE A STAFF REPORT ON SEPTEMBER 6
AT 10:30.
I'D LIKE TO ASK MR. WILL FAULK AND MS. DUNCAN IF THEY CAN BE
HERE.
THIS IS BECAUSE SOLID WASTE IS CONTINUING TO HAVE PROBLEMS
WITH PEOPLE BLOCKING THE STREETS WITH CARS, PARTICULARLY
WITH VENDORS THAT ARE PARKING AND BLOCKING THE RECEPTACLES
FROM BEING ABLE TO BE EMPTIED.
AND WE'RE GOING TO NEED TO TAKE SOME MORE AGGRESSIVE ACTION
TO TRY TO WARN PEOPLE NOT TO DO THIS.
IT'S BEEN SUGGESTED TO ME THAT WE NEED OF A DISCUSSION ABOUT
IT HERE.
I'D LIKE TO ASK FOR THAT --
19:14:46 >>FRANK REDDICK:
MOTION FROM MR. COHEN.
SECONDED BY MR. MIRANDA.
ALL IN FAVOR, AYE.
FINALLY, I WOULD.
19:14:53 >>HARRY COHEN:
FINALLY, I WOULD LIKE TO ASK OUR STAFF,
MR. McDONAUGH AND HIS STAFF HERE FOR THE DEMONSTRATION
THIS MORNING, IF THEY WOULD EVALUATE THAT AND DETERMINE
WHETHER OR NOT THEY ARE INTERESTED IN THE THREE-MONTH TRIAL
AND RESPOND VIA A LETTER TO US WITH THEIR FINDINGS.
I DON'T THINK THEY NEED TO GIVE US A STAFF REPORT.
JUST ASK THEM TO DO IT WITHIN THE NEXT 60 DAYS.
19:15:15 >>FRANK REDDICK:
ALL RIGHT.
MOTION FROM MR. COHEN.
SECONDED BY MR. SUAREZ.
ALL IN FAVOR OF THE MOTION SAY AYE.
OPPOSED?
OKAY.
19:15:23 >>HARRY COHEN:
THAT'S IT.
19:15:24 >>FRANK REDDICK:
MR. MANISCALCO?
19:15:25 >>GUIDO MANISCALCO:
NO, SIR.
19:15:26 >>FRANK REDDICK:
MS. CAPIN.
19:15:27 >>YVONNE CAPIN:
NO, SIR.
19:15:27 >>FRANK REDDICK:
MR. MIRANDA.
19:15:29 >>CHARLIE MIRANDA:
RECEIVE AND FILE.
19:15:31 >> SECOND.
19:15:34 >>YVONNE CAPIN:
HE TRIED.
19:15:36 >> REALLY QUICK, IF I MAY, I MOVE THE RESOLUTION BE DRAFTED
BY CITY COUNCIL ATTORNEY RECOGNIZING NOVEMBER, A COUPLE OF
MONTHS EARLY BUT HEY, ADOPTION AWARENESS MONTH.
FURTHER, I REQUEST THAT OUR FRIENDS, MIKE AND MELANIE
GRIFFIN, WHO ARE RECENT PARENTS, ADOPTIVE PARENTS BE PRESENT
DURING THE PRESENTATION OF THE RESOLUTION TO SPEAK TO US
ABOUT THE BENEFITS AND JOYS OF BEING ADOPTIVE PARENTS.
I WOULD LIKE FOR THIS TO OCCUR ON NOVEMBER 1st.
19:15:59 >> FIVE MINUTES.
19:16:04 >>FRANK REDDICK:
MOTION AND SECOND.
SECONDED BY MR. MIRANDA.
ANY DISCUSSION?
19:16:11 >>YVONNE CAPIN:
EXCUSE ME, BUT PARENTS CAN GO ON FOREVER.
I'M A GRANDMOTHER AND I KNOW WHAT IT IS.
19:16:20 >>FRANK REDDICK:
ALL THOSE IN FAVOR OF THE MOTION SAY AYE.
OPPOSED.
MR. MIRANDA.
MOTION BY MR. MIRANDA, SECONDED BY MR. MANISCALCO TO RECEIVE
ALL THE DOCUMENTS.
ALL THOSE IN FAVOR AYE.
ALL RIGHT.
WE STAND ADJOURNED.
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