Continued…part 2 of 2
>>Linda Saul-Sena: I would like to thank Mr. Massey for developing this.
I think this is terrific that council has gotten behind this and will really benefit all our citizens.
I think this is a very good move.
>>Charlie Miranda: I’m going to support it.
Let me say this, when I read something that they have little words, like new development, not practical, is practical, and mention that in the ordinance that tells me that they know that this is going -- down the road, new development that's fine.
I understand that.
I think the whole world does.
But when you start seeing the words "not practical" and "is practical" in these ordinances, it tells me they know even if they have neighborhood support, the individuals that live on that street that May have or May not want a sidewalk is going to become -- because I’ve gotten many phone calls on this one way and many phone calls on this the other way.
So it's not going to be a clear and dry thing.
And you'll see some individuals petition the council after we're long and gone in the year 2003, some of us, anyway.
Some of us will be here.
Saying that the council did the right thing or the council did the wrong thing.
>>Rose Ferlita: one quick thing.
Mr. Smith, I’m not looking for an answer one way or the other, I just wonder if you had anything to say.
A nod yes or nod no or come up to the podium if you like.
>>Elton Smith: thank you very much.
Elton Smith, transportation manager.
I did want to, once again, mention the fee consideration that you will have before you next week.
We have identified that the City's average cost is $16 a running foot.
And that is because we come in and retrofit our construction of sidewalk is more expensive than that which can be accomplished by a contractor who is on-site when a house is being built.
He's there to pour the driveway anyway.
He can coordinate the sidewalk location with the grades, the landscaping, the sod, the sprinkler systems, all of those things that we have to go in and change and move around when we come back and retrofit sidewalks.
So there is a benefit to having a sidewalk done at the time a house is constructed.
There's one other thing that works very nicely in that regard.
A certain number of people get used to the idea that that yard out there, that area in front of their house is all theirs.
And some of them opposed the construction of sidewalks later, as the chairman mentioned.
I think that sidewalks are one of the finest things we can do for our communities.
It gets people out walking and meeting their neighbors.
It gives a place for a child to learn to ride a bicycle.
Where else are you going to learn to ride a bicycle?
In our streets in many cases.
I don't think so.
So I am -- I think our sidewalk program, which this city has been committed to for more than a decade is one of the finest things we do.
And I think this is a step forward.
I should caution you.
This actually relaxes some of the requirements of the current ordinance.
This is not a tougher ordinance, but it does provide that if -- it does remove the economic stimulus that the builders have had to request a waiver.
Right now, the biggest reason we get waiver requests, people just don't want to spend to build a sidewalk under any circumstances.
So this removes the economic stimulus.
Now if you have a grand oak in the way, there's a mechanism for us to collect a fee that will build a sidewalk somewhere else.
Next week during the fee consideration, I did want to point out the spread.
It costs us about $16 a foot.
Our best evidence is it costs contractors on-site about $10 a foot.
So that's the difference.
And you will have people perhaps next week coming and saying the fee should be lower.
Right now, the ordinance is written that the fee should be at our average cost which is what the $16 a foot is.
Thank you.
>>Charlie Miranda: thank you very much.
Anyone else?
We didn't have air conditioning, we didn't have all the modern technology today, everybody would know who their neighbor was.
Unfortunately, that's the life we live in.
I have a motion made --
>>Linda Saul-Sena: move to adopt an ordinance of the City of Tampa, Florida, pertaining to sidewalks, amending the title of section 22-103 of the City of Tampa code; amending section 22-103 to provide when sidewalks are required to be constructed in association with new development; requiring contributions to a sidewalk trust fund.
If it is not practical to construct a sidewalk when required; authorizing the transportation manager or the transportation manager's designee --
>>Charlie Miranda: I’m sorry.
My main has told me we made a technical error.
We didn't vote on it the first time.
We discussed it.
All in favor, indicate by aye.
[motion carried unanimously]
>>Linda Saul-Sena: move to adopt an ordinance of the City of Tampa, Florida, pertaining to sidewalks, amending the title of section 22-103 of the City of Tampa code amending section 22-103 to provide when sidewalks are required to be constructed in association with new development; requiring contributions to a sidewalk trust fund: if it is not practical to construct a sidewalk when required; authorizing the transportation manager or the transportation manager's designee to determine when it is not practical to construct a sidewalk; establishing factors to be considered in determining whether it is practical to construct a sidewalk; authorizing City Council to determine whether the construction of a sidewalk is practical in site plan controlled rezoning and s-2 special use petitions; enacting section 22-104 of the City of Tampa code to establish six sidewalk trust fund accounts; providing for severability; providing for the repeal of all ordinances in conflict herewith; providing an effective date.
>>Charlie Miranda: motion for adoption by Ms. Saul-Sena.
The second was by Mr. Harrison, I believe.
Roll call vote.
Vote and record.
>>clerk: the motion carried.
Buckhorn absent.
>>Charlie Miranda: unfinished business "a."
I need a motion to receive and file the letter and have this set for April the 26th at the same time.
Motion by Ms. Alvarez.
Second by Mr. Harrison.
Close vote with Ms. Saul-Sena.
Further discussion by council members?
All in favor, indicate by aye.
[motion carried unanimously]
That takes care of the unfinished business.
I see that council members need to take a break.
We're going to take a ten-minute break and do the public hearings that are set at 10:00.
[recess]
>>Charlie Miranda: roll call.
>>Linda Saul-Sena: here.
>>Shawn Harrison: here.
>>Gwen Miller: here.
>>Mary Alvarez: here.
>>Charlie Miranda: here.
We'll go to public hearings item 5, page 2.
Motion by Ms. Miller.
Second by Ms. Alvarez.
All in favor of motion, indicate by aye.
[motion carried unanimously]
Public hearing number 5, page 2 is now open.
>> James Cook, Land Development coordination.
Petitioner has requested to vacate a portion of lasalle street from occident street to warren street.
Petitioner has agreed to petitions requested by the department of Public Works, Time Warner, people's gas, Stormwater Management and Tampa Electric company.
Staff has no objections.
>>Charlie Miranda: is the petitioner here?
>> good morning, david smith.
501 east Kennedy on behalf of the petitioner.
We accept the conditions and here to answer any questions you May have.
>>Charlie Miranda: anybody here in the public to speak on Item Number 5?
Motion to close by Ms. Alvarez.
Second by Mr. Harrison.
Discussion by council members?
[motion carried unanimously]
What's the pleasure of the council.
>>Shawn Harrison: move to send to legal for preparation.
>>Charlie Miranda: motion by Mr. Harrison.
Second by Ms. Ferlita.
All in favor of the motion, indicate by aye.
[motion carried unanimously]
Item 5, page 2 has been taken care of.
Need to open number 6, page 2.
Discussion by council members?
All in favor, aye.
[motion carried unanimously]
6 page 2 is now open.
>> good morning, council.
Pete cowell, Land Development coordination.
The case is wz 01-35, it's the villa napoli bakery and ristorante.
The request is for a 4(cop-r) license.
The petitioner has recently reopened the 64-seat restaurant at this location.
Normally, there would be required 19 spaces for a 64-seat restaurant.
Right now, there are basically seven or eight spaces out front that back into the right-of-way of Henderson Avenue.
While we don't have a problem with an r license, we do have concerns caused by the lack of parking being open for lunch and dinner.
There are other properties within a thousand feet that are wet zoned.
The jungle lounge is 950 feet away.
That's a 4(cop).
Vintage wine sellers had a as 2(cop) that is 200 feet.
Walgreen's 1(aps) of 400 feet.
And zazarac's.
There is residential property within a thousand feet.
Near cyst 650 feet to rm-24 district.
There is also a church within a thousand feet.
It's the church of scientology.
And that's 50 feet away at 3617 Henderson Boulevard.
Council would need to provide for the normal waivers for all three of those distance requirements in order to provide for the r license.
>>Charlie Miranda: thank you very much.
Detective deblock.
>> chip deblock, detective of the Tampa Police Department.
I did the inspection on this location back in February of this year.
Neighborhood watch association contact, ken joiner, did not opposed the wet zoning.
I did talk with marilyn durst.
She had concerns over the proper noticing of the location which, as I understand, has been corrected now.
Even more importantly, with them selling alcoholic beverages without being wet zoned.
And I’ll come to that in just a second, but that did, in fact, occur.
The neighborhood survey, located next door to the strip center owner george fisher is against this wet zoning, said that since the petitioner opened up his restaurant about two to three months earlier around December of last year, that he had been having a lot of trash, debris, empty beer bottles in the parking lot and around common transmission that he actually approached the owner of this establishment which denied that any of these items were coming from his business.
The other people in the plaza either were indifferent or in support of the wet zoning with the exception of vintage wine sellers, the manager, michael roberts, would support the wet zoning if it was a 2(cop-r).
He felt that the full liquor had already been met in the community and he thought that the r restriction for a 2(cop-r) meaning just beer and wine would be better for a restaurant of this size.
Newcomb is against the wet zoning because at the time -- also the sale of alcoholic beverages without the proper wet zoning.
Calls for police service were minimal.
As far as my investigation goes, after I did my initial inspection of the restaurant and then did my neighborhood survey, after arriving at common transmission, I suspected there were, in fact, liquor sales going on that I was unaware of.
I went back to the restaurant, did a thorough inspection, went through the coolers, counters, and I did find two cases of corona long neck beer.
I found wine and quite a lot of alcoholic beverages.
We have to bear in mind they had not received wet zoning at this time.
They only applied.
I talked with the owner who admitted to me that he was actually making beer available to his clients that were coming through the door.
But further questioning, I found out in the state of Florida, if you offer a beer for free in your restaurant, you have to offer it to anyone that walks through the door.
You cannot make it contingent on any sale of food.
That would be the same as charging for alcoholic beverage without a license.
That is what he was doing, only to customers that were paying customers that wanted a drink was he furnishing them with beer or wine at their request.
That's according to his own testimony.
I talked to the waiter.
I think the waiter was trying to cover, that the beer was for the owner's consumption.
When I left, I was confident both these things were being furnished to paying customers which is a violation of Florida state law.
So I wanted to make you aware of that.
And as far as what the violations of Florida state law.
I share marilyn durst's concerns as far as if they are going to conduct themselves in this manner as far as the alcoholic beverages and violating state law, not to mention the other problems we had with the misnotice and I did an inspection in February and we're just now coming to City Council with this after it's been finally properly noticed.
I just have concerns over him receiving wet zoning and a subsequent liquor license and being able to act responsibly.
The Police Department's recommendation would be not to grant any wet zoning to this property.
>> villa napoli.
What he said --
>>Charlie Miranda: (speaking spanish) I need your name and address.
>> jeremiah, 3609 Henderson Boulevard.
Come from villa napoli.
First of all, next door, he no like me because need to move -- all of the trash that's not true.
Second, beer and wine, the police find in my cooler because I cook.
I use beer.
I use wine to cook.
Plus some customer ask for the alcohol, I give away.
A couple of glasses of wine.
That's it.
Make a big story.
Thank you.
>>Rose Ferlita: detective, can I ask you a couple of questions, please?
He's telling us that he's using this for cooking purposes.
In your professional estimation, was there enough there to satisfy just his cooking needs or it looks like it was --
>> no, ma'am.
More importantly, he verbally told me why it was there, that he was -- actually the purpose of the corona long necks was to give to his clientele that were paying customers.
That is specifically what he told me, that this beer was for.
The answers that he's giving the council today is not what he told me when I did the inspection.
>>Rose Ferlita: thank you for the clarification.
>>Linda Saul-Sena: thank you, Mr. Chairman.
This is a question for Mr. Cowell.
The question is this: how did the petitioner open a 64-seat restaurant with only seven parking spaces?
>> well, that's been kind of an issue of concern as well.
This restaurant was opened many years ago.
I think it was a barbecue restaurant or something like that back then.
It has since been a day care and now has gone back to a restaurant.
The day care when it went in and when it closed never went through commercial site plan review.
So in the reopening of the restaurant, that was the last acknowledged use of the place, and, therefore, when it came back through this time, the kitchen was still intact and all Mr. Chopa had to do was go in and open the door and turn on the lights.
And that's basically what happened.
Because that was the last officially documented use, commercial site plan review would not be going back to look at it normally.
So that's why it's happened the way it has.
And since we don't sign off on business tax certificates anymore, we never got a chance to look at it.
>>Linda Saul-Sena: thank you.
>>Charlie Miranda: you're right.
If this is the one I’m thinking about right next to scientology, it was an italian restaurant one time.
Then he moved to Dale Mabry and euclid if I remember the location.
Right, stefano's.
I forgot the name but I remember the taste of the food was good.
That's why I know where he moved to.
Anyone else in the public?
This is a public hearing on item 6, page 2.
>> margaret vizzi, 213 south sherill.
Needless to say, I don't live near there, but I do use that area a lot because of the grocery store, the drugstore, et cetera.
And it is the traffic can be horrendous and for the seven spaces that were referred to is first thing that made me remember also when the other restaurant was there, what a problem it is backing out into Henderson.
If council has any idea of granting this, it should definitely be with a one-year conditional.
I have a problem with it even being a 4(cop).
I really feel that it's granted it should be a 2(cop).
We don't need that heavy alcohol consumption in an area that backs out in to Henderson Boulevard.
So I would encourage council to make these comments and to -- into consideration when do you whatever you decide to do.
Thank you.
>>Charlie Miranda: thank you very much.
Anyone else care to speak on item 6, page 2?
Motion to close by Ms. Alvarez, second by Mr. Harrison.
Favor -- did I miss a second?
All in favor of the motion, please indicate by aye.
[motion carried unanimously]
What's the council's pleasure on item 6, page 2?
>>Linda Saul-Sena: I also want to receive into the record a letter from Mr. Wayne mcclain who owns property across the street and behind this who is very strongly opposed to this request.
I move for denial.
>>Charlie Miranda: let me receive and file the letter.
Motion by Ms. Saul-Sena.
Second by Ms. Alvarez on that letter.
All in favor, indicate by aye.
[motion carried unanimously]
I also have a request for denial by Ms. Saul-Sena.
Second also by Ms. Alvarez.
Further discussion by council members?
Ms. Ferlita.
>>Rose Ferlita: you know, I’ve never been opposed to helping a business get started and stay afloat.
I'm going to strongly support your motion because I think even a conditional would not be the message we want to send.
Based on what major newcomb said, what detective deblock said, he already has problems in terms of violating state law.
I think if we supported this under any conditions, we're sending the wrong message.
I am again going to support your motion.
>>Charlie Miranda: motion by Ms. Saul-Sena.
Second by Ms. Alvarez.
All in favor, indicate by aye.
[motion carried unanimously]
>>Charlie Miranda: thank you very much for all of you attending.
Need to open public hearing number 7.
Motion by Ms. Alvarez, second by Mr. Harrison.
Discussion by council members?
All in favor, indicate by aye.
[motion carried unanimously]
Item Number 7, page 2 is now open.
>> thank you.
Pete cowell, Land Development coordination.
The case is wz 01-72.
The location is 2926 Nebraska Avenue.
Attached to the back of your report you'll see about a year and a half ago, they had a conditional wet zoning that dried.
This came before you about seven, eight months ago and was denied.
And they're coming back again.
It's a market on the corner of Nebraska and floribraska.
The owner is requesting to be able to sell beer and wine as an accessory use in a 2500-square-foot grocery store.
There are other wet zonings within a thousand feet.
The ideal supermarket is 192 feet away with a 2(aps).
And the coastal market on Nebraska Avenue is 677 feet away with a 1(aps).
There is residential property within a thousand feet.
It's 30 feet to the east and that's an rs-50 zoning district.
There are also institutional uses within a thousand feet.
The mount sinai ame church is across the street which is 50 feet away at 2909 north Nebraska.
The church is at 2905 north Nebraska.
That's 105 feet away.
Tabernacle is 531 feet away.
And the institutional use of the Tampa Fire Department is 936 feet away.
Waivers for all of those conditions would have to be met as well.
>>Charlie Miranda: thank you.
Detective deblock.
>> chip deblock, detective Tampa Police Department.
The only way I’ll bring up what happened in the past to this location because I think council should be aware.
I'm not saying the current management is the same management present last year.
But this is the convenience store that pete expressed that I went to last year.
It's a similar circumstance to where when I walked in to do my wet zoning inspection, there was beer everywhere, beer all over the floor.
There was the warm beer and then, of course, in the coolers.
I was present when a beer sale took place.
I sent in a detective who made a purchase.
Ultimately, they did not meet the conditions of their conditional wet zoning and they went to a dry status.
And during that dry status they just simply continued to sell alcoholic beverages.
And that's why it was on -- I think it was May 19th that council subsequently denied their application for the permanent wet zoning.
This inspection for this year, myself going back out there again, I talked to carol morsel, the coordinator for the Ybor crime watch group.
That's in a neighboring grid.
She's not really responsible for this specific area, but she's right next door to it.
She initially was not in favor of the wet zoning, saying she was having a probably of getting a hold of new management, new owners, trying to work with them.
She has contacted me saying she changed her mind.
They are working with the community and she feels they are putting forth enough effort to make it work.
She is actually in favor of the wet zoning.
I contacted marilyn durst with the Tampa neighborhood watch.
Being aware of all the circumstances, both the past and present, Ms. Durst feels that a conditional wet zoning would be best served in this particular instance.
Said if they intend to comply with the law and not be a nuisance, that there should be no objection to special conditions from the petitioner.
And her idea, which is ultimately going to be the Police Department's idea is just simply to reinstitute the original conditions that were in place at a time last year and the year before.
They weren't able to meet those conditions by the end of the one-year period and to give them another shot and see if they could do it this time.
Moving along, the neighborhood survey pretty much produced results that people were either indifferent or in favor of the wet zoning.
Lieutenant maryanne lewis does not oppose this wet zoning.
Only 15 calls for police service which is reasonable.
On-line inspection.
-- on my inspection, there was no beer present.
I talked to two employees, I’ve been there a couple of times.
One of the employees said the partners split up, that one of the original owners was still in place.
My last inspection say they sold the business about three, four weeks ago and that there were new owners in place.
I've been unable to verify whether that has actually occurred or not.
Chilled alcoholic beverages are going to be kept in the glass coolers as normal.
And they are going to have a place in the back for the warm coolers.
It seems that it's going to be kept away from the public so we're not going to have beer walking out the door.
And it was properly noticed at this time.
Thank you.
Just so I could reiterate, the Police Department's position would be that if we're going to grant this, we would be in favor of it as long as it was a conditional for one year with the original restrictions that were in place and just coincidentally, I did look to make sure there was proper lighting no pay telephone, this was the primary business.
And all the original conditions were in place and they do seem to be in compliance with that.
>>Charlie Miranda: so they adhered to all the requests we had in the past.
>> that's correct.
Presently they are in compliance.
>>Charlie Miranda: is the petitioner here?
>> I’m richard, this is anna maria salhab.
Would the neighbors who have come in support stand up.
We also brought 376 petitions from neighbors asking that we have the wet zoning.
We also have a letter from carolyn davis who is home with arthritis and can't be here.
And if you'll bear with me, let me read you briefly the letter.
City Council members, it is with respect that I cannot be there to address you in person concerning this matter.
I have known mike, that's her husband, for several years as he owned a store in community where I lived for five years.
While living there, I also served as resident and council president for one year.
During my tenure, there were many times mike without hesitation donated items for his various projects.
He also made a point of hiring people in the community to work with other employees.
His gracious understanding, attitude and his respectful manner of his employees has to this day endeared him and his store within that neighborhood.
It is with pleasure that I welcome him and his business into this neighborhood and ask that he is granted the licensing that he seeks.
Sincerely, carolyn davis, 706 1/2 east hugh street.
May it please the council, back in 1999, in ordinance 99-33 you gave zorin who was operating the sunshine market a one-year conditional zoning.
Ameel left the country because of a personal tragedy in his life.
And two gentlemen bought the building from the owner.
With intentions of remodeling it and opening the store.
They spent $175,000 tearing down the lot next door which was a tire store making it into a parking lot and creating a new entrance into the building.
Retiling it and making it a premier convenience market.
They did not know that they only had a one-year zoning.
We came to council and asked that the -- be permitted to go dry for a period of time while we did the remodeling and council granted it.
Subsequently, we applied for the -- I’m losing my train of thought.
One of the partners then operated the business.
We screwed up.
>>Charlie Miranda: don't worry.
I do that quite often.
See, I got you back on track.
>> in November, the partners went their separate ways and Ms. Salhab took the leaving partner interest.
Her husband was one of the original owners of the building.
Ms. Salhab is now going to manage the business.
They are going to be model citizens.
In fact, at 7:00 tonight, they'll be at the neighborhood watch meeting at the old people's home on I think it's 22nd home.
The ordinance 99-33, if continued with the number 01 in front of it would almost be ideal, except 99-33 only had a one-year life.
The only persons who make money off of a one-year zoning is the lawyer and the surveyor.
I'm perfectly willing to take as much money as possible, but I don't want surveyor to continue to make money.
They are happy with a one-year chance.
But more economical would be a general change of zoning to permit them to sell alcohol.
>>Linda Saul-Sena: I think when we do a conditional that when -- that there's no fee charged for the hearing after a year when we look at making it permanent.
Maybe I could ask our Legal Department that.
But I’m pretty sure that it's -- they don't have to --
>>Charlie Miranda: they don't have to resurvey.
>>James Palermo: they have to merely refile and give out notice.
But there's a fee for filing and they have the cost of certificate of mailing.
They don't have to resurvey and things of that nature.
They May or May not have to hire their attorney.
But the fact of the matter is, they do have to petition to come back ....
>>Charlie Miranda: more importantly, not the surveyor.
>>Linda Saul-Sena: when we put a conditional on, I know that they have to come back before council.
And I believe the police --
>>James Palermo: the process is you file the same type of petition.
You filed initially except there's no survey required and things of that nature.
You have to give notice and you have a formal public hearing.
>>Charlie Miranda: right and the police go back and do the search again and give you a record from that point to the point he comes back during that calendar year.
>>James Palermo: on a conditional, you're eliminating the surveyor.
>> Ms. Salhab said sure.
>>Charlie Miranda: anyone in the audience --
>>Rose Ferlita: I was going to make some constructive suggestion, since you were worried about her additional fees at the end of the year, I bets your client would not be opposed to you just doing that pro bono come in a year if everything goes well.
That's a suggestion to you.
Then we don't have to worry about the attorney or the surveyor.
>>Mary Alvarez: he didn't care for that.
>>Gwen Miller: you have quite a few persons who are not opposed. Any of those members of the mount sinai church?
Did you have any conversation with anybody that attended church?
>> no, ma'am.
>>Gwen Miller: so you don't know if they are opposed or not.
>>Linda Saul-Sena: I daresay if they are opposed they would be here.
>> when we filed a year ago, we attempted to reach the pastor, and we got absolutely no response.
Mr. Salhab and I are both on the board of the Hillsborough organization for progress and equality.
And we are trying to get mount sinai to join hope.
So we had a double agenda, but we couldn't reach him.
>>Linda Saul-Sena: I guess the next -- if you all are through I move to close the public hearing.
>>Charlie Miranda: anybody care to speak for or against this item?
I see no one.
It's going your way now.
The only this I think that bothers me about this, your husband, as I was signing the things, own the building and you're going to do the work.
I remember when the attorney put all the burden on you.
He said that, am I correct, Mr. Counselor?
Those were your words.
He owns the building and she's going to do the work.
>> I spoke the truth.
>>Charlie Miranda: but I recall that.
>> no.
I would just like to say that I realize you don't owe me, but my husband and I are very law-abiding citizens and we promise to work with them and to uphold the law and to improve the convenience store, make it for all the people.
We're just basically middle class people that want to make a living.
I have five children, two are in the university, three I hope are college-bound.
So I basically just want to do good.
We will follow the law to a t.
>>Mary Alvarez: any one of your children going to be a lawyer?
>> actually, my oldest 21, he's premed student.
My daughter is graduating this year.
She wants to study law and psychology.
I'm just preparing for that.
>>Rose Ferlita: I want to tell you one thing, ma'am, and I hope you understand the climate of this council.
The only reason -- I certainly will support it and I wish you well.
The only reason the issue of the conditional came up, although the detective told us some of the prior history, we don't blame you for that.
That location in itself, I’m familiar with the area and had some dialogue with the citizens in that area, that location itself would cause some problems if it wasn't under good leadership.
So at the end of the year, I think we would be delighted to have you come back and approve it ongoing.
But good luck to you, and I’m strongly in support of your efforts.
>> thank you.
I really appreciate that.
Thank you for your time.
>>Charlie Miranda: motion to close by Ms. Alvarez.
Second by Ms. Saul-Sena.
Further discussion by council members?
All in favor, indicate by aye.
[motion carried unanimously]
I believe Ms. Saul-Sena wanted the floor.
Were you going to make a statement?
Good.
I made a mistake again.
What's the pleasure.
[ applause ]
We haven't done anything yet, please don't clap.
This is not a comedy hour.
>>Mary Alvarez: I would like to send it to legal with the one-year condition.
>>Charlie Miranda: I have a motion by Ms. Alvarez for a one-year condition on this use, seconded by Ms. Ferlita.
Further discussion by council members?
All in favor of the motion, please indicate by saying aye.
[motion carried unanimously]
Thank you all very much for attending.
I thought for a while when you all came in, be a recall on an elected official something.
>>Linda Saul-Sena: move to receive and file.
>>Charlie Miranda: motion to receive and file.
Discussion by council members?
All in favor, indicate by aye.
[motion carried unanimously]
Item Number 8, page 2.
Motion by Ms. Miller.
Second by Ms. Alvarez.
All in favor, indicate by aye.
[motion carried unanimously]
Item 8, page 2 is now open.
>> good morning, council.
Pete cowell, Land Development coordination.
This is petition wz 01-77.
It's for the circle k store located at the corner of Hillsborough and Florida.
The address is 5320 north Florida Avenue.
They are requesting a 2(aps) and it's a ci zoning district.
The petitioner tore down the previous store due to the widening of Hillsborough Avenue and reconstructed in a new location and needed to come back for a new wet zoning.
Other wet zoning within a thousand feet, there is none.
Residential property within a thousand feet, the nearest is 41.6 feet to an rs-50 zoning district to the west.
There are also institutional uses within a thousand feet.
The praise cathedral is roughly a thousand feet away and the u.s. Post office is 335 feet away.
And there is a letter in your file from a Mr. Rick feifer who had some kinds of objections but not really to the whole petition.
And council would need to provide waivers for the residential and institutional uses.
>>Charlie Miranda: detective deblock.
>> chip deblock, City of Tampa Police Department.
I did the wet zoning inspection for this property.
The neighborhood crime watch association contact was diane broderick, coordinator for the broward south Seminole Heights neighborhood crime watch association.
She is against the wet zoning.
She feels we have enough outlets for liquor purposes.
She mentioned kmart, walgreen's, eckerd drugs and kash n' karry without having to offer it in her immediate property.
Also concerned with vagrants and trash if the property is wet zoned.
Other than that, the neighborhood survey was positive.
The police comments, no objections at all.
Calls for police service were high.
44 calls for police service.
But new store, new location and I don't see anything that would concern me being with the Police Department.
Additional information I did notice and did reference in my report that they were unable to produce a City of Tampa -- the equivalent of an occupational license.
We call them city tax receipts.
I have since checked on that.
They do have one even though they were unable to produce it, they were supposed to put it in a conspicuous place in the store.
They do have one on file.
No objections from the Police Department.
Thank you.
>>Charlie Miranda: petitioner?
>> good morning.
I am david briten 101 east Kennedy Boulevard, suite 2700 here on behalf of circle k stores inc.
I want to emphasize a couple of things with respect to this petition.
First that circle k has operated a convenience food store in this location since about 1983 in one form or another.
The store was demolished in October of 2000 because the taking for Hillsborough Avenue had rendered their parking lot too small to operate the old store.
So they completely demolished the old store and put a completely redesigned brand-spanking new circle k store on the site.
In the process of doing that through a mistake on circle k's part, we're talking about mistakes, circle k made a mistake and forgot and did not realize there was a procedure to go through to keep the wet zoning on the site alive assuming they could have done that because redesigning the store and rotating the site around, they might still have had to come in for a new wet zoning.
In any event, when they determined it had to be rewet zoned, they promptly filed this petition.
What they're simply trying to do is continue to sell beer and wine at this location in the same manner the store has done basically for almost 20 years.
I want to address the letter that has been sent to council with respect to the buy, drink alcohol sales understanding you May have some questions.
I have some pictures of this site that I would like to pass out, if I May approach the council and ask you to pass these around to take a look at them, if I may, Mr. Miranda.
>> are you referring to Mr. Feifer's letter? I already consulted with legal, even if we wanted to consider that, that's not possible to prohibit you to sell single containers.
We can't put that in as a condition.
Is that right?
>>James Palermo: yes, ma'am.
>>Linda Saul-Sena: aid question about that.
The quart size bottles I have found in most neighbors is what the people in the neighborhoods object to being sold.
Because those are broken and miserable and people in neighborhoods hate people able to go in and buy a quart-size beer.
Do you all sell them those?
>> my client's executives are here.
I would have to consult with them.
>>Linda Saul-Sena: the Legal Department is saying we can't prohibit that.
Can we prohibit the glass, the fact that it's glass?
>>James Palermo: no, ma'am.
That's preempted by the state.
All we can do is wet zone for the sale of alcohol.
All other liquor regulations are preempted to the state.
>> circle k in its design of this store has really attempted to address some of these concerns.
And I can show you the pictures.
The site itself is completely buffered on all sides either by Florida Avenue on one side.
There is a six-foot high concrete block wall all around the southern boundary, wrapping around and buffering this site from the homes that are referenced -- that are adjacent to it on the south.
And, of course, Hillsborough Avenue is on the north.
There's another fence that would prevent anyone from going over the west side to the south side.
There's a motel next to it with a continuous fence that pretty much blocks through traffic.
So if there were anyone that wanted to drop litter on this site, I mean, they literally have to walk around, down the back street and down the block.
And there are other bars and restaurants and convenience food stores up and down Florida Avenue.
The litter could be coming from any of these.
It just simply doesn't follow that this particular store, designed the way it is, is causing the problem.
Also, circle k really does want to be a good neighbor in this situation.
They are posting signs those legally required, over and above the requirement.
They have trash receptacles and are willing to boost those if the need arises.
They also police and patrol their parking lot.
They are very good about picking up litter and trash on their site and are certainly willing to talk to the neighbors if someone has a problem with the trash and work with the community.
>>Mary Alvarez: I think this question is for detective deblock.
You showed on your report that you had 44 calls of police service.
>> yes, ma'am.
>>Mary Alvarez: how many of those calls were prior to the new store being constructed?
>> I do the calls and they are for a one-year period.
So I don't have that information.
The printouts are long and detailed.
So it would take me a while to come up with that.
But I would venture to say that probably a handful of these calls have existed since the store has reopened.
The store is just so new, out of habit and principle, I like to still even if a new store at an existing location, I still like to get a history of that corner so we know what we can expect or what the history May be from the environment around the store.
>>Mary Alvarez: can you tell what type of disturbances they were.
You had ten calls of disturbances there.
>> usually they are like prank calls.
Half the time the officers get there the disturbance call is logged but when they get there, there's no longer anything there, like a threat.
So normally, if it's not reclassified from a disturbance to like arrestable offense usually something where they went, nothing came of it, nobody was there and the officers went back on the street, back in service and nothing came out of it.
If they get a disturbance call or information call, usually eight information calls, they went there and never went to anything further than that, like a burglary or petty theft.
It was simply basically not much of anything at all.
>>Mary Alvarez: thank you.
>>Charlie Miranda: any other questions by council members?
Anybody else care to speak on this subject matter?
Item 8, page 2.
I have a motion to close by Ms. Alvarez.
Second by Mr. Harrison.
Discussion by council members?
All in favor of that motion, please indicate by saying aye.
[motion carried unanimously]
What's the pleasure of the council.
>>Shawn Harrison: move to send to legal for preparation.
>>Charlie Miranda: motion by Mr. Harrison.
Seconded by Ms. Alvarez.
Further discussion?
>>James Palermo: and we have an ordinance if you want to put it on first reading.
>>Linda Saul-Sena: I would like to make a comment.
>>Shawn Harrison: move an ordinance making lawful the sale of beverage containing alcohol more than 1% by weight beer and wine, 2(aps) in sealed containers for con jumps off-premises at 5320 north Florida Avenue, Tampa, Florida.
>>Charlie Miranda: motion and second.
Further discussion by council members?
All in favor of that motion, please indicate by saying aye.
[motion carried unanimously]
>>Linda Saul-Sena: thank you.
I wanted to take the opportunity if there are some representatives from circle k in the audience.
At City Council we get a lot of feedback from people in neighborhoods.
And one of the things they have said repeatedly is they have a problem with quart-size beer being littered in neighborhoods.
And I assume that you all have discretion about what you buy and what you sell to people.
Cans don't break glass that children step on, but particularly people have noted that quart-size beer is a problem.
We have asked the police -- or the Police Department has actually asked City Council to see if there's some way we can legislate this and we've been told by our attorney that we're not able to.
That it's really regulated by the state.
So it's not anything we can force you to do.
We can just encourage you out of consideration for the neighborhoods in our community to not sell quart-size beer.
Thank you.
>> thank you.
>>Charlie Miranda: this is an unusual procedure, but it's past 11.
My instructions by the City Clerk who always steers me the right way, but I’m going to recess City Council for one minute and go into CRA.
She advised me that there's an election for CRA.
So I recess City Council and I turn to Ms. Janett Martin.
>> thank you.
Please bear with us for a few minutes as we change persons.
>> before we begin, we'll do a roll call vote.
>>Linda Saul-Sena: here.
>>Shawn Harrison: here.
>>Gwen Miller: here.
>>Charlie Miranda: here.
>>Mary Alvarez: here.
>>Rose Ferlita: here.
>>Charlie Miranda: again, for the record, Mr. Buckhorn is absent today due to the fact that he has had a wonderful addition to his family, beautiful 8-pound healthy baby girl.
>> we will now conduct the election of the chairman and vice-chairman of CRA.
Here are the election guidelines.
The election of the chairman will be held first.
Nominations do not require a second.
Please wait to be recognized before nominating a candidate.
I will open the nominations and close them after all nominations have been made.
Votes will be counted by raising the hand.
The vote will be taken in the order of nominations, beginning with the first name nominated.
The vote will cease as soon as there's a majority which requires four votes.
Having said that, nominations are now in order for chairman.
The floor recognizes council member Shawn Harrison.
>>Shawn Harrison: I nominate Rose Ferlita.
>>Linda Saul-Sena: second.
>> been properly moved and seconded.
All in favor say aye.
Are there any other nominations?
Are there any other nominations?
Is there a motion to close?
>>Shawn Harrison: so move.
>>Linda Saul-Sena: second.
>> properly moved and seconded.
All in favor say aye.
Is there a motion for acclimation?
>>Shawn Harrison: so moved.
>>Linda Saul-Sena: second.
>> been properly moved and seconded.
All in favor say aye.
Opposed?
[ motion carried ]
Chairman Rose Ferlita, would you care to speak?
>>Rose Ferlita: I would simply like to thank my colleagues.
It's certainly an exciting time to be serving as CRA chairman and I appreciate all the support I get from all of my friends on council.
Thank you very much for the nomination.
>> okay.
We will now open for vice-chair.
Nominations are open for vice-chair.
The floor recognizes chairman Miranda.
>>Charlie Miranda: I nominate Mary Alvarez.
>> it's been properly moved and seconded.
Are there any other nominations? Are there any other nominations? Is there a motion to close?
>>Shawn Harrison: I would like to nominate Linda Saul-Sena just so I can hear what each one of those people would like to do as vice-chairman.
>> our second nomination is Linda Saul-Sena.
Are there any other nominations? Are there any other nominations?
Is there a motion to close the nomination of the two said names?
Is there a motion to close?
>>Charlie Miranda: so move to close.
>>Shawn Harrison: second.
>> been properly moved and seconded.
All in favor say aye.
Opposed.
We will now take the vote.
The first name nominated is Mary Alvarez.
All in favor of Mary Alvarez please raise the hand.
>>Shawn Harrison: should we listen to their campaign speeches or is that not how we do it.
>>Charlie Miranda: she's the director.
You have to go back to the clerk.
Go to the attorney first.
>>James Palermo: well, it would seem if Mr. Harrison wants to see what each one of the nominees suggest that should be done before the vote.
>> it is the pleasure of council to hear the nominees speak regarding their position as vice-chair.
>>Charlie Miranda: do we have a time limit?
This could be here a three-day session.
>> we yield to Ms. Alvarez.
>>Mary Alvarez: thank you.
I would like to be vice-chairman because Ybor City is very much a part of my life.
That's where I started my career is being a volunteer for the Ybor City Chamber of Commerce.
And I made a career of doing things for the Ybor City area.
So I think that I would be very -- and I thought I was -- I did a good job the last time.
But I would like to be vice-chairman because I think that the Ybor City area and, of course, now, all the rest of the CRA area needs my help.
And I think I can be effective in doing that.
I've done preservation work in there.
I was on the barrio.
I was on the Planning Commission.
So I feel like I have the credentials to become the vice-chairman.
>> thank you.
Ms. Saul-Sena.
>>Linda Saul-Sena: thank you.
As a former urban planner, I feel that I’m very qualified to do this.
I worked on the plan -- as a council member, I got the City to develop a plan for the channel district, which is being considered as an addition to our CRA areas.
I created a film called "city visions" about good urban public spaces which was the basis of many of the ordinances which now have contributed to the redevelopment of our downtown.
And in Ybor City, I developed a walking tour.
I taught children about architecture.
Again, worked on -- created the preservation roundtable which looks at preservation issues which affect Ybor as well as other historic areas and worked on the brick streets ordinance and many of the other issues which have affected Ybor City.
And I’m very involved in transportation issues which affect both downtown and Ybor City.
Thanks.
>> thank you.
Are there any other comments from council members?
>>Shawn Harrison: well, I didn't really realize this was such a popular position, but I’ve gotten myself into a pickle here.
I think we ought to just rotate this and Ms. Alvarez, it's probably your turn again.
[ laughter ]
>>Rose Ferlita: I have a question.
If this was a cvs issue, then could I very easily take a conflict of interest position and not have to vote.
Ms. Alvarez was my first vice-chair and Ms. Saul-Sena was my second vice-chair.
And certainly her roots are well known and well established and obviously Ms. Saul-Sena's situation with preservation is well intentioned and well known.
Is there such a thing as having covice-chairs?
>> our rules of procedure is silent on that.
It's just that for chair and vice-chair.
So we would need to take a vote.
Are there any other comments?
>>Linda Saul-Sena: for peace on council, I’ll withdraw my nomination and let Ms. Alvarez do it this year and I’ll do it the next year.
>>Shawn Harrison: then I move for acclimation for Ms. Alvarez.
>> it's been properly moved and seconded for acclimation of Ms. Alvarez.
All in favor say aye.
Opposed?
Would Ms. Alvarez like to speak again?
>>Mary Alvarez: I promise to do my job to the best of my ability.
>>Shawn Harrison: you have one year.
>> thank you very much.
I would like to turn this over to the chair.
>>Rose Ferlita: just one last comment, Ms. Martin, again, linda has been extremely helpful this year, and I am sure that Ms. Alvarez, being my vice-chair this year, will have no problem with linda joining us on issues that are of interest to you too.
I think that was a very nice move.
Very amicable councilman.
That obviously shows it.
Thank you both and thank you for the nomination.
>> I believe there is an announcement for a special called meeting for next week for CRA.
>>Rose Ferlita: right.
We had spoken with sam hamilton and he did have a special call session request for next week.
As well, Mr. Pardo wanted to come and update us about some Ybor City.
Mr. Hamilton, unless something has changed, not to take away any time from the chairman, we can do that next week.
>> sam hamilton, yes, it's my understanding the administration is ready to go forward just to give you a little bit of advance notice.
There are a couple of issues that will also be on the City Council agenda.
Closeout documents associated with the marriott, waterside transaction.
The CRA is also a party to a couple of those documents so obviously it would have to come to the CRA as well.
I'll obviously advise you otherwise if I hear anything else.
That's what I’ve been informed.
>> this ends the election and closes the CRA meeting.
We'll take a few minutes recess to reconvene the council meeting.
Thank you.
[recess]
>>Gwen Miller: City Council is called back to order.
>>Linda Saul-Sena: here.
>>Shawn Harrison: here.
>>Rose Ferlita: here.
>>Mary Alvarez: here.
>>Gwen Miller: we're now on public hearing number 9.
It has been properly moved and seconded to open the public hearing on Item Number 9.
All in favor of the motion, say aye.
[motion carried unanimously]
Staff, Mr. Cowell.
>> good morning, council, pete cowell, Land Development coordination.
This is petition wz 01-78.
It's from the eckerd corporation.
It's for a new location at 5002 east broadway Avenue.
They're requesting a 2(aps).
It is a bona fide drugstore and the petitioner is requesting to sell beer and wine as an accessory use.
There are other wet zoned properties within a thousand feet.
Food town grocery store at 4929 east broadway is 600 feet away.
Kash n' karry at 5050 east 10th Avenue is 900 feet away and has both a 2(aps) and 3(aps).
The nearest residential property is an rm-16 district which is roughly a thousand feet to the north.
There are several institutional uses within the thousand feet.
Oak park baptist church at a thousand feet.
Oak park elementary school, 700 feet.
East Tampa medical and dental center at 875 feet.
The oak park health center at 500 feet.
The medical center at 500 feet and the u.s. Post office at 500 feet.
Council would need to provide waivers for these distance requirements.
>> chip deblock, detective of Tampa police.
In reference to the wet zoning investigation, the neighborhood watch, there's no neighborhood crime watch coordinator for this specific grid.
I did contact marilyn durst, president of Tampa neighborhood watch.
She had no objection.
During the survey, there were only two people that objected to it.
A business owner in a little strip mall, right behind this location, greg cardon, is against the wet zoning, he said that after -- there was a circle k originally there and I guess it left last January and that there were problems with vagrants, liquor and trash that he thought would resume if the wet zoning came to pass.
The other strip plaza, the owner is against with the wet zoning because it conflicted with personal beliefs of consumption of alcoholic beverages.
The Police Department, uniform district 3 was not against it.
28 calls for police service during the past year and they were properly noticed.
So the Police Department does not opposed the wet zoning.
Thank you.
>>Gwen Miller: petitioner?
>> good morning, madam chairman.
John grandoff, bank of america plaza, suite 3700 on behalf of eckerd corporation this morning.
That is new store that's on the corner of 50th street and broadway.
And we're requesting the incidental sale of beer and wine at the store and requesting that your waivers be granted this morning for the approval.
It's a 2(aps) request on the vagrancy issue which occurred maybe with a prior use which was a circle k.
Eckerd has a very strict corporate policy on vagrancy and any loitering in their store is not good for their stores.
And we would certainly be policing that very strictly.
And we would request your approval this morning.
>>Rose Ferlita: Mr. Grandoff, just a question, I’m trying to visualize where it is.
They used to have a store there that was eckerd 99 that was in a strip mall.
Is this just a free-standing one that replaces that one at the same location?
>> yes, this is a free-standing store on the northeast corner of broadway and 50th.
There's a checkers on the other side and mcdonald's.
That's all I have this morning.
>>Gwen Miller: anybody else like to speak on Item Number 9?
It has been properly moved and seconded to close Item Number 9.
All in favor of the motion, say aye.
>>Shawn Harrison: I move an ordinance making lawful the sale of beverages containing alcohol of more than 1% by weight, beer and wine, 2(aps) in sealed containers for consumption off-premises only at 5002 east broadway Avenue,.
[ motion carried ]
>>Gwen Miller: open the public hearing on Item Number 10.
It has been properly moved and seconded to open the public hearing.
All in favor of the motion say aye.
Opposed nay.
[ motion carried ]
>> good morning.
Land Development coordination.
Pete cowell.
This also is for an eckerd drug corporation.
Case number wz 01-79 located at 2502 west Hillsborough Avenue.
Again, it's for a 2(aps) at a -- for beer and wine as an accessory use at a bona fide drugstore.
The current use is cg.
There are several wet zonings within the thousand feet, deperio's at 200 feet.
La lechonera, 900 feet.
Palladium, 600 feet.
Publix supermarket, 1,000 feet.
Kash n' karry supermarket, 700 feet.
Mobil oil station, 450 feet.
Papa's food market, 500 feet and tyano's at 570 feet.
They would require waivers to that distance requirement for the incidental use.
There's no residential or institutional property within the thousand feet.
>> chip deblock, Tampa Police Department.
Absolutely no problems with this wet zoning application at all.
No objections from durst, Tampa neighborhood watch.
Neighborhood survey was positive.
The police comments from district one were favorable.
Only 22 calls for police service in the past year.
And the store was properly noticed during the time period.
So no objections from the Police Department.
>>Gwen Miller: anyone in the audience like to speak on Item Number 10?
>>Mary Alvarez: move to close the public hearing.
>> good morning, madam chair.
John grandoff, suite 3700, bank of america plaza.
This is on the southwest corner of Armenia Avenue and Hillsborough Avenue, again a new store.
We request your approval, please.
>>Gwen Miller: anyone in the audience like to speak on Item Number 10.
>>Mary Alvarez: move to close the public hearing.
>>Gwen Miller: it's been properly moved and seconded to close the public hearing.
All in favor, aye.
[ motion carried ]
>>Shawn Harrison: move an ordinance making lawful the sale of beverages containing alcohol of more than 1% by weight, beer and wine, 2(aps) in sealed containers for consumption off premises only at 2502 west Hillsborough Avenue.
>>Linda Saul-Sena: Mr. Grandoff, because these have been so simple, maybe you could communicate back to the eckerd people our concerns about the quart-size bottles of beer.
>> I will write them a letter about it.
>>Linda Saul-Sena: it's been a conversation in all different neighborhoods in the City that those particular quart-size beer bottles seem to be a problem in terms of people breaking them and causing litter in the neighborhoods.
Since we can't outlaw them, maybe at their discretion they could sell beer in either smaller or aluminum containers.
>> I have the same concerns as a citizen and I’ll write them a letter about your concern.
And let you know about what they say back.
Thank you for your time.
>>Gwen Miller: we have a motion and a second.
All in favor of the motion, aye.
Need to open public hearing number 11.
It has been properly moved and seconded.
All in favor of the motion say aye.
[ motion carried ]
>>James Palermo: there was a problem with number -- notice problem with number 11 and the petitioner will be filing an amended petition.
It will be an amended petition and set a new hearing date and notice will go out.
>> that's correct.
We cannot hear it.
There was a misnotice.
>>Shawn Harrison: I move to allow the petitioner to amend their petition.
>>Gwen Miller: motion and second.
All in favor of the motion, aye.
[ motion carried ]
We'll go to information from council members.
Ms. Saul-Sena.
>>Linda Saul-Sena: thank you, madam chairman.
Beth mallaby from the metropolitan planning organization would like to present a brief three-minute synopsis of the transportation phone survey, which is different from the survey that we're going to hear at the end of May under Mr. Harrison's direction.
It's three minutes, she would like to do it at the beginning of next council meeting.
I would like to make a motion to allow her to speak to us for three minutes.
>>Gwen Miller: all in favor, aye.
[ motion carried ]
>>Shawn Harrison: while Ms. Mallaby is coming next week, I would like her to also update us on the status of the 40th street community plan that apparently they have a proposed draft now that's been circulated to the neighbors.
And there are concerns in the neighborhood about their proposal.
So I would like to have beth come in and give us an update on where the Planning Commission is in this process.
>>Rose Ferlita: it's been circulated to the neighborhood.
Do you have a copy of it?
>>Shawn Harrison: I don't yet.
We will get that probably today.
>>Gwen Miller: it has been properly moved and seconded.
All in favor of the motion say aye.
[ motion carried ]
>>Shawn Harrison: i'd also like to move to receive and file the department head sign-in sheet.
>>Gwen Miller: it's been properly moved and seconded.
All in favor say aye.
>>Rose Ferlita: just one quick thing.
I would like to make a motion for commendation to lee ware.
She's the organizer of the fortune education scholarship fund.
For nine years she's raised funds to send young deserving females to college.
[ motion carried ]
>>Mary Alvarez: just two things.
I would like the facilities manager to come over and find out why the ladies rest room hasn't been fixed in over a week.
>>Linda Saul-Sena: second.
>>Gwen Miller: I have a motion and a second.
[ motion carried ]
>>Mary Alvarez: and I would like to know the status of the call button that we asked for a year ago.
>>Rose Ferlita: second.
>>Gwen Miller: we have a motion and a second.
All in favor of the motion, say aye.
[ motion carried ]
Anything else?
>>Mary Alvarez: that's it.
>>Gwen Miller: I would like for the Mayor to prepare a resolution to reappoint Ms. Geraldine bonds to the cable advisory committee.
I have a motion and a second.
All in favor of the motion say aye.
[ motion carried ]
Clerk, do you have any business?
We'll now go to the audience portion.