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TAMPA CITY COUNCIL

Thursday, July 15, 2010

9:00 a.m. session


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09:05:28 >>THOMAS SCOTT: City Council will now come to order.

09:05:31 I'm happy to introduce the person that's going to do

09:05:33 our invocation today, and the person of Jim Reese who

09:05:39 has been a City of Tampa legislative aide in the

09:05:41 legislative district which is the South Tampa district

09:05:45 for the past seven and a half years.

09:05:47 He was formerly the mayor of a village of patch orange

09:05:51 on Long Island in New York state, also served as

09:05:55 director of facilities management in Pasco County, and

09:05:58 commissioner of general services for Suffolk county,

09:06:04 New York.

09:06:04 So, Jim, will you come?

09:06:06 And it's our pleasure as always to have you here.

09:06:09 >> Thank you.

09:06:14 Heavenly father, with high hopes for the days that lie

09:06:18 ahead, we gather to destiny we share with one another.

09:06:24 We gather in faith with the practice of democracy.

09:06:26 We gather with hearts and minds open to the wisdom and

09:06:30 every voice among us.

09:06:31 In our gathering may we dream and design a bold future.

09:06:35 May we bring our best selves to this service and may we

09:06:39 dream these dreams and do this work with love.

09:06:41 Amen.

09:06:41 (Pledge of Allegiance)

09:07:01 Roll call.

09:07:05 >>JOSEPH P. CAETANO: Here.

09:07:07 >>CHARLIE MIRANDA: Here.

09:07:08 >>MARY MULHERN: Here.

09:07:09 >>THOMAS SCOTT: Here.

09:07:15 We will move to our agenda just shortly, but before we

09:07:18 do that, those that have items on the agenda to talk

09:07:25 about later on, because there are only going to be four




09:07:27 council persons today, and you may wish a continuance.

09:07:32 You can certainly make that request when we come to

09:07:34 those public hearing items.

09:07:38 You may wish to have the item continued.

09:07:40 Certainly you can make that request when we come to

09:07:42 those items.

09:07:43 The other things I want to make note of, because we

09:07:46 only have four members today, and at no time can any

09:07:50 one person leave, because then we will not have a

09:07:54 quorum.

09:07:54 So periodically we will take some time to take breaks

09:07:58 for those who may have medical needs and so forth.

09:08:01 Okay?

09:08:02 Thank you very much.

09:08:03 Okay.

09:08:03 >> Good morning.

09:08:08 You have the addendum to today's agenda.

09:08:11 Very briefly, there's an item that did not make the

09:08:13 addendum that needs to be substituted and that is item

09:08:15 number 1.

09:08:16 And assistant city attorney Julie Harvey has provided

09:08:22 you a substitution.




09:08:25 There is a change to the terms.

09:08:26 And if you like she can tell you what the substitution

09:08:28 is now or do it when item 1 comes up.

09:08:32 It's your pleasure.

09:08:35 Mr. Fletcher?

09:08:37 >>CHARLES FLETCHER: This substitution is just at

09:08:40 council's request.

09:08:41 Council member's request.

09:08:43 The prior ordinance that had an administrative

09:08:46 extension, and in the current context and with the

09:08:48 current council, the preference was for that not to be

09:08:52 continued.

09:08:52 So this will be a one-year extension of the vacating

09:08:56 ordinance for the Heights with any further extensions

09:08:59 come back to council by application of the permit

09:09:04 holder.

09:09:04 Thank you.

09:09:05 >>MARTIN SHELBY: Continuing, item number 17 is a

09:09:10 request for the substitution of the agreement attached

09:09:12 to the resolution approving the city service agreement

09:09:14 for the Republican national convention.

09:09:18 Item 22 is a substitution request for the resolution of




09:09:24 exhibit F with the revenue bond.

09:09:28 Item 34 is a request by city attorney for a continuance

09:09:34 to July 29th, 2010 for a resolution regarding a

09:09:38 mutual termination of a memorandum of understanding

09:09:43 with the development review process request square.

09:09:46 Item -- Kress square.

09:09:50 Item 83 is a request I am making, a three week

09:09:55 continuance for full council, and ask that be brought

09:09:58 back on August 5th of 2010.

09:10:00 Item 85, senior assistant city attorney Julia Cole is

09:10:05 requesting a continuance to this item regarding the

09:10:10 magistrate's recommendation pertaining to L.advance

09:10:15 Blanchard versus City of Tampa, requesting August 5,

09:10:19 2010.

09:10:20 I believe as you stated, chair pro tem Miller will not

09:10:24 be in attendance at today's meeting.

09:10:27 Again, council, to remind you, a quorum is necessary to

09:10:31 conduct business.

09:10:33 That requires all four members, and also to take any

09:10:38 official action requires by the charter a vote of four

09:10:42 which means as the chairman said, in effect, every vote

09:10:44 that you take today, in order to take action,




09:10:48 affirmative action, requires a unanimous vote.

09:10:52 With that being said, I am not aware of any other

09:10:55 changes, additions or deletions.

09:10:56 And I present to you this agenda as amended for your

09:10:59 approval.

09:10:59 >>THOMAS SCOTT: Any questions by council?

09:11:02 If not, motion to approve?

09:11:04 >>JOSEPH P. CAETANO: So moved.

09:11:05 >> Second.

09:11:07 >>THOMAS SCOTT: All in favor?

09:11:08 Opposes?

09:11:09 At this time, the council has allotted 30 minutes, up

09:11:13 to 30 minutes for persons who wish to address council

09:11:16 on items first that are on the agenda other than public

09:11:20 hearing items.

09:11:21 If you wish to come and speak to council, you may line

09:11:23 up and come forward at this time, state your name and

09:11:26 address for the record, and you have three minutes.

09:11:28 You can come forward at this time if you want to

09:11:32 address council on any item other than public hearing

09:11:35 items.

09:11:35 You have thee minutes to do so.




09:11:37 And we give preference to items on the agenda first,

09:11:39 and then time remaining to any item that you desire.

09:11:42 Okay.

09:11:43 >>> My name is Tony D'Aquila. I reside at 1302 East

09:11:48 Park Circle Tampa, 33604.

09:11:50 I am here to address agenda item number 18, which is

09:11:54 the designation of the Alan "Mr. River" Wright park.

09:12:01 I want to provide a bit of background for you about

09:12:03 Alan Wright.

09:12:05 Alan was a long-time employee of the Hillsborough

09:12:07 county Planning Commission, served the majority of his

09:12:11 time there in his career as the principal planner,

09:12:14 managing issues concerning the status of the

09:12:17 Hillsborough River.

09:12:18 Alan was a dedicated advocate for the much maligned

09:12:22 seriously degraded Hillsborough River when few friends

09:12:26 of the river could be found.

09:12:27 He worked tirelessly to improve not only the ecological

09:12:31 condition and the biological viability of this

09:12:34 important fresh water resource, but also in a

09:12:38 synergistic fashion he had aim to improve the quality

09:12:41 of life and the livability of the river community in




09:12:44 general.

09:12:46 Through his hard work and his dedication, chiefly by

09:12:50 organizing grassroots support, he reversed the tide

09:12:54 against the river and achieved impressive results.

09:12:56 Among his accomplishments were the launching of the

09:12:58 annual river clean-up, which is now in its 26th

09:13:01 year, the organization of the multi-jurisdictional

09:13:04 river policy and advisory board, and the establishment

09:13:07 of the City of Tampa's river tower park.

09:13:11 And in doing so, he sensitized the city to the need to

09:13:14 preserve Sulphur Springs and the historic Sulphur

09:13:17 Springs water tower as well.

09:13:19 Alan courageously spoke -- courageously spoke up for

09:13:24 the river and the community even when desperately ill

09:13:26 with cancer and his voice was heard until it wags

09:13:28 forever silenced by that disease in the summer of 2007.

09:13:32 So I thank you for the time.

09:13:35 And before I sit down I also would like to thank Karen

09:13:38 Palus for her leadership of the Parks Department and

09:13:41 for the Parks Department initiative in support of our

09:13:45 community.

09:13:46 And I do hope that you will endorse the dedication of




09:13:49 this property in the memory of Alan, a great citizen of

09:13:52 the City of Tampa.

09:13:53 Thank you.

09:13:53 >>THOMAS SCOTT: Thank you.

09:14:03 >> Linda D'Aquila. I'm here representing the League of

09:14:05 Women Voters of Hillsborough County. I live at 1302

09:14:09 Park Circle, Tampa, 33606.

09:14:14 I'm speaking for agenda item number 18.

09:14:17 The Alan "Mr. River" Wright park.

09:14:20 In April the League of Women Voters held their annual

09:14:22 lifetime achievement award lunch and at that time Alan

09:14:25 was -- Alan's family was dedicated an award for the

09:14:37 Hillsborough River, the environment and for our

09:14:38 community.

09:14:39 In conjunction with this award the league contacted

09:14:41 Karen Palus from the Parks Department about naming a

09:14:45 small park in Alan's neighborhood right on the river

09:14:49 for him, and in recognition of his service.

09:14:52 On behalf of the League of Women Voters of Hillsborough

09:14:55 County, I ask the City Council to join us in honoring

09:14:57 Alan by approving the naming of the park, the Alan "Mr.

09:15:02 River" Wright park.




09:15:04 Thank you.

09:15:05 >>THOMAS SCOTT: Thank you.

09:15:05 >> My name is Sue Lyon.

09:15:16 I want to thank gene Dorzback and Mary Mulhern for the

09:15:20 new signs on Bayshore about the trucks.

09:15:24 I have been trying to get those signs up for a hundred

09:15:27 years.

09:15:27 I saw them this morning and they really are effective.

09:15:30 Thank you very much.

09:15:31 >>THOMAS SCOTT: Thank you.

09:15:37 It.

09:15:37 Rebecca Johns, McFarland Ferguson, North Franklin

09:15:41 Street, here on behalf of Jim and Natalie Goodwin

09:15:46 regarding item number 85, which may be continued, but

09:15:51 they just want to express their concern and let you

09:15:53 know that they object to the special magistrate's

09:15:56 recommendation that your decision would unfairly burden

09:16:03 the property and they object to the modified site plan

09:16:06 that would still require change to zoning.

09:16:08 They feel that your decision was based on competent

09:16:10 evidence presented by the neighborhood and they believe

09:16:16 that it would detrimentally affect their property.




09:16:19 Thank you.

09:16:22 >>THOMAS SCOTT: Thank you.

09:16:22 >> My name is Becky Roundhorst, 3305 Mullin Avenue in

09:16:29 Tampa.

09:16:30 I'm here to address the issue number 85 on your agenda,

09:16:36 also, about the continuance.

09:16:39 Some of us as neighbors continue to come to these

09:16:42 meetings to show that we do not agree -- well, that we

09:16:48 agreed with your unanimous decision to not let that

09:16:57 rezoning issue go through for Ms. Blanchard, and that

09:17:04 we do not feel that the special magistrate's decision

09:17:10 was correct, and we are just here to continue to show

09:17:14 our neighborhood support for maintaining the integrity

09:17:18 of our neighborhood as is with an RS-100 zoning which

09:17:24 is in fact the zoning law that's in effect.

09:17:28 Thank you.

09:17:29 >>THOMAS SCOTT: Thank you.

09:17:30 Next speaker.

09:17:41 >> Good morning.

09:17:42 For the record my name is Janet Doherty, formerly Janet

09:17:46 Kovak, here on agenda item number 2, and just wanting

09:17:49 to show my support for this item.




09:17:53 This is a remedy for your procurement process.

09:17:56 And I believe the genesis started with a client of mine

09:17:59 who went through a protest, prevailed, there was

09:18:03 ex parte communications, there was an RFQ that was

09:18:06 thrown out there, was an RFP, there was a bid that was

09:18:10 thrown out, even after the whole protest had prevailed

09:18:14 on.

09:18:14 And then there was a bid process.

09:18:16 And I really love the language where it talked about

09:18:20 that you have to put up a bond, and that if you have

09:18:22 any ex parte communication that you will be eliminated

09:18:26 from the bid process or procurement process happening

09:18:29 at that time, and that you will be barred from any

09:18:31 procurement process six months into the future.

09:18:35 And that just levels the playing field because it costs

09:18:40 the city on my issue hundreds of thousands of dollars,

09:18:43 you dealt with a bidder out of Canada that was not a

09:18:46 responsible bidder that took material from the City of

09:18:48 Tampa and deposited in a significant wildlife habitat,

09:18:53 and prosecuted by the natural resource division of PGM.

09:18:57 All of this while my clients did the right thing,

09:19:01 prevailed on the administrative hearing.




09:19:05 This is a wonderful document.

09:19:07 I really want to thank mark Hamilton and Chip Fletcher

09:19:10 for taking this on.

09:19:11 I don't know really who brought this forward, if it was

09:19:16 Chairman Scott or if it was Charlie Miranda, but also I

09:19:20 want to thank Kevin Frye and Linda Johnson, because I

09:19:24 think they add to the procurement process.

09:19:26 So this is absolutely necessary, and I support it, and

09:19:29 I hope you support it as well.

09:19:30 Thank you.

09:19:31 >>CHARLIE MIRANDA: Mr. Chairman, this is the one that

09:19:34 I think was in two areas, one over 25,000 bid process,

09:19:38 under 25, and you have three days from the time of

09:19:41 posting to object, and then I think there's other

09:19:43 remedies, ten days of appeal and so forth.

09:19:47 So I understand what you're saying.

09:19:48 >>THOMAS SCOTT: Thank you.

09:20:02 >> My name is Sarah Elias.

09:20:05 I live and own at towers of Channelside.

09:20:08 Today I represent myself as an owner, resident and the

09:20:10 other owners of the towers of Channelside.

09:20:12 I would like to give a brief update. In September 2009




09:20:15 the City Council did approve 09-360 for a special use

09:20:20 permit 4(COP-X) for 223 south 12th Street.

09:20:26 In March or April of 2010 while attending a CRA Channel

09:20:29 District meeting, tower owners learned of the lounge

09:20:32 forthcoming to 223 south 12th Street.

09:20:35 The property tax records show that site title in the

09:20:37 name of Yellow Knight LLC.

09:20:40 On April 15, tower owner came forward to advise the

09:20:44 City Council that tower 2 is directly across the street

09:20:47 from the site and not one owner was given the required

09:20:51 legal notice.

09:20:52 On May 20th, 2010, a signed petition was hand to

09:20:57 the City Council.

09:20:58 City Council's decision was for the city attorney to

09:21:00 view for obviously la goer process which is in process

09:21:05 now.

09:21:06 Today we the owners present ourselves to the City

09:21:08 Council to announce an intent to work simultaneously

09:21:12 where the declaratory filing.

09:21:14 It is our intent to contact and meet with the present

09:21:17 lot owner jack Slocum, president of the Slocum group

09:21:21 LLC and savage, who in May 2010 was added as the




09:21:26 vice-president to the Slocum investment group, and in

09:21:30 the registry of the Florida department of state

09:21:32 division appropriation.

09:21:35 Our intention is to request the present lot owners to

09:21:38 approach the original petitioning agent Mark Bentley to

09:21:41 perform a good faith reconditioning in full compliance

09:21:44 within the code at no charge.

09:21:50 Progress made to City Council regarding the meeting

09:21:53 between tower owners, the present lot owners and the

09:21:57 agent Mark Bentley.

09:21:58 The sole purpose is to have all of the property owners

09:22:02 than within 250 feet of the site be given the required

09:22:04 legal notification.

09:22:06 Current records from the property appraiser is crucial,

09:22:10 the cost is less than $20 for a 250-foot radius and a

09:22:14 list of the owners.

09:22:15 Full compliance of the municipal court will provide the

09:22:18 tower owners the privilege of attending and speaking at

09:22:20 all hearings at City Council meetings.

09:22:26 We thank City Council for documenting our attempt to

09:22:28 resolve this matter while the city attorney

09:22:31 simultaneously -- filing it thank you.




09:22:38 >>CHARLIE MIRANDA: Mr. Chairman, I am going to need an

09:22:40 attorney to -- I understand what was presented and what

09:22:43 was said today, and was present and said during the

09:22:46 hearing and after the hearing.

09:22:50 Even though council I believe unanimously supported

09:22:52 action of council -- council supported the towers, I'm

09:22:57 concerned and I agree with what they are saying but I'm

09:22:59 concerned that this is really a private matter.

09:23:01 We were presented evidence based on that evidence, this

09:23:04 council took action.

09:23:06 Based on that action, maybe the attorney representing

09:23:11 whoever the petitioner was, either got that information

09:23:14 or didn't get information or whatever it was, and

09:23:18 that's how this came about. Whether it's all facts or

09:23:20 not I don't know and I need some guidance from you.

09:23:23 >>> I think what you stated is accurate in whether or

09:23:31 not the petitioner could rely on the information from

09:23:33 the property appraiser's office is the key issue, and

09:23:38 that's why when this was brought up previously, I

09:23:41 indicated that we would look into the city filing an

09:23:44 action.

09:23:45 I believe I indicated as well that the typical approach




09:23:51 in the case law is for that party, the private party

09:23:53 who didn't receive notice, to file the action.

09:23:57 And we have encouraged the property owners to do that

09:23:59 as well.

09:24:01 Our approach that I described that we have been

09:24:03 researching and filing a declaratory judgment action in

09:24:07 circuit court to resolve this issue, we are still

09:24:10 researching that, and that would be an approach that I

09:24:13 think we can take, and at the request of council we

09:24:16 have been working on that.

09:24:17 >>CHARLIE MIRANDA: And I'm very appreciative of what

09:24:20 you just said and I think both sides will be satisfied

09:24:22 to somebody degree -- no one is going to win if they

09:24:25 went to the court and asked for declaratory judgment.

09:24:29 >>> And that's what we have been working on, and if we

09:24:31 are able to do it we hope to do it fairly soon but we

09:24:34 are still researching whether it's a fully viable

09:24:37 option.

09:24:37 >>MARY MULHERN: Just from glancing at the cover

09:24:42 letter, it sound like when the tower owners would like,

09:24:47 and they are trying to work with the property owner who

09:24:50 got the special use permit, is to have them re-petition




09:24:56 for that purpose, and the big question in big bold

09:25:03 capitals is no charge.

09:25:05 So I hope you are going to work with them, both the

09:25:09 petitioner and the neighbors, because that -- without

09:25:19 any lawsuits or anything like that we might be able to

09:25:22 solve this by just starting over and not charging.

09:25:25 >>> I agree, a reasonable cure for the situation would

09:25:29 be for the property own to really, and we could have

09:25:32 looked at it but I'm sure we can figure out a way to

09:25:35 deal with the fees, that the city would impose.

09:25:38 Frankly, we have been trying to figure out who the

09:25:41 owner is to make contact, and apparently the towers

09:25:45 through other means have reached -- obtained

09:25:49 information beyond that we could get just from the

09:25:52 corporate records, because I think what was described

09:25:56 would be a reasonable resolution, but until -- the only

09:26:02 person we have identified right now is the registered

09:26:05 agent for the corporate owner, and when we decide what

09:26:07 we are going to do we will make contact with that

09:26:10 person.

09:26:12 If there's a decision maker that would like to get

09:26:14 engaged in the meantime and avoid that, we would be




09:26:17 happy to work with them.

09:26:18 >>MARY MULHERN: And I hope you can do that.

09:26:23 You have neighborhood really doing a lot of work to

09:26:26 solve this.

09:26:27 >>THOMAS SCOTT: Next speaker.

09:26:28 >>CHARLES FLETCHER: Thank you.

09:26:35 >> My name is Pastor Frank R. Williams, located at 1112

09:26:40 East Scott street, Paradise Missionary Baptist Church.

09:26:43 I have come up here quite a few times trying to

09:26:46 represent my people.

09:26:47 It seems like everybody ignore me.

09:26:50 Scott, welcome back.

09:26:51 You have been on vacation, right?

09:26:52 Welcome back.

09:26:53 And I'm glad you're back because I need to have a

09:26:56 comment with you and Gwen Miller in particular.

09:26:59 The reason why, because people of color, and you are

09:27:05 running for mayor, right?

09:27:07 I want somebody to run for mayor that going to

09:27:08 represent all the people, not just a segment of people

09:27:12 like the rich folk, like TECO, like the water people.

09:27:15 He have time they come down want a raise or more money.




09:27:19 We need somebody that's going to represent the

09:27:21 community that are too afraid to come down here and

09:27:25 represent themselves because they figure that you all

09:27:26 are going to ignore them.

09:27:28 I pray to God that -- I got some flyers made up.

09:27:35 I am not going to pass them out now.

09:27:37 I don't want to pass them out now until I talk with

09:27:40 you.

09:27:41 I pray to God that you will talk with me and consider

09:27:44 the issue.

09:27:45 Thank you.

09:27:45 >>THOMAS SCOTT: Next speaker.

09:27:49 Anyone else?

09:27:55 >> Steven Griffin, Hillsborough County city-county

09:27:57 Planning Commission, here to speak on item number 18.

09:28:02 As stated earlier, Alan was a long-time employee of the

09:28:07 planning council.

09:28:09 He worked tirelessly for the restoration, preservation

09:28:12 of the Hillsborough River, and I hope that the council

09:28:15 supports the renaming of the park for Alan "Mr. River"

09:28:21 Wright and it will endear his legacy to the

09:28:24 Hillsborough River, and Alan's love and dedication to




09:28:26 the City of Tampa and to the natural resources such as

09:28:31 the Hillsborough River that provide activity, enjoyment

09:28:35 for all the residents and citizens of our community.

09:28:38 And I hope you support it.

09:28:39 Thank you.

09:28:39 >>THOMAS SCOTT: Thank you.

09:28:43 Anyone else wish to address council?

09:28:48 All right.

09:28:48 Thank you very much.

09:28:50 We will move to the items on the agenda.

09:28:55 Well, does anyone have a special legislative request,

09:28:58 reconsideration?

09:29:01 Okay.

09:29:01 Then we'll move to the ordinance number 1 which is a

09:29:05 substitute.

09:29:06 >>MARTIN SHELBY: A legislative matter doesn't require

09:29:14 a public hearing.

09:29:15 >>THOMAS SCOTT: Councilwoman Mulhern, do you want to

09:29:17 read that substitute?

09:29:18 >>MARY MULHERN: I move an ordinance amending ordinance

09:29:21 2006-159 as amended by ordinance, 2008-137 vacating,

09:29:29 closing, discontinuing, and abandoning certain




09:29:32 rights-of-way all or a portion of those certain

09:29:35 rights-of-way contained within the proposed Heights

09:29:38 community development district generally locate south

09:29:40 of Ross Avenue, west of Tampa street, north of the

09:29:43 north bank of the Hillsborough River, and east of North

09:29:46 Boulevard, in the city Hillsborough County Florida

09:29:50 amending section 5 of said ordinance to allow the

09:29:53 petitioner additional time to comply with ordinance

09:29:56 conditions providing an effective date.

09:30:00 >>THOMAS SCOTT: Seconded by Mr. Miranda.

09:30:01 >> Motion passes with Miller being absent. Second

09:30:04 reading of the ordinance will be held July 29th at

09:30:04 9:30 a.m.

09:30:05 >>THOMAS SCOTT: Item 2.

09:30:08 Councilman Miranda.

09:30:09 >>CHARLIE MIRANDA: Move an ordinance of the city of

09:30:11 Tampa, Florida amending chapter 2, article V, division

09:30:15 3 of the City of Tampa code creating section 2-282,

09:30:19 procurement, protest procedures, repealing all

09:30:21 ordinances or parts ordinances in conflict therewith,

09:30:25 providing for severability, providing an effective

09:30:26 date.




09:30:26 >>THOMAS SCOTT: Moved and seconded.

09:30:28 All in favor signify by saying Aye.

09:30:30 Opposes?

09:30:31 Okay.

09:30:31 >>THE CLERK: Motion carried with Miller being absent.

09:30:34 Second reading of the ordinance will be held July

09:30:37 29th at 9:30 a.m.

09:30:40 >>THOMAS SCOTT: Item number 3.

09:30:43 Councilman Caetano.

09:30:44 >>JOSEPH P. CAETANO: An ordinance being present for

09:30:45 first reading consideration.

09:30:46 An ordinance of the city of Tampa, Florida amending

09:30:48 City of Tampa code of ordinances, chapter 21,

09:30:51 stormwater management, repealing all ordinances in

09:30:53 conflict, providing for severability, providing an

09:30:56 effective date.

09:30:56 >>CHARLIE MIRANDA: Mr. Chairman, last night as we read

09:31:02 through this, I did a little calculation, not mine but

09:31:06 someone did the calculation, and this gives us the

09:31:08 ability to leave it the way it is on a yearly basis or

09:31:11 go on every two years, and doing the mathematics of

09:31:16 this, if we go and we have to renotice all the parcels




09:31:23 to be changed from one year to two years, at the

09:31:26 discretion of this council, the cost for doing that

09:31:28 will be $143,200.20.

09:31:33 We are required by law that every time there is a new

09:31:37 change over parcel or new parcels added to that area,

09:31:42 we must notify them according to the law.

09:31:45 And I agree with that.

09:31:46 And the last average of the last three years of that

09:31:50 cost was about $6,119.

09:31:53 So what I'm saying is, I ask the council members to

09:31:57 consider the cost, and the possible increase minus the

09:32:03 $6,000 will be $137,000.

09:32:07 The notification of all these parcels.

09:32:10 And I don't think that's prudent at this time.

09:32:12 I think we want to leave it the way it is.

09:32:14 But I see someone coming from the audience that may

09:32:16 want to speak on it from the legal department.

09:32:18 So maybe to correct what I just said.

09:32:20 >>> I was just coming back up to the front after taking

09:32:26 care of something.

09:32:27 Chip Fletcher, city attorney.

09:32:28 This ordinance would allow multiyear assessments, but I




09:32:31 concur with what councilman indicated that at this

09:32:35 point it's not cost effective to do that so I would

09:32:38 recommend coming back with a one-year assessment for

09:32:40 stormwater as I indicated in my memos on the other ones

09:32:43 that we were investigating with a similar

09:32:45 recommendation.

09:32:45 >> Second leaving it the way it is.

09:32:50 >> You are not suggesting we don't pass this ordinance?

09:33:01 >> Basically what it is, the ordinance gives the

09:33:03 council the option within the code to amend the code to

09:33:05 give the council the option for the recommendation of

09:33:07 the administration based on councilman's position that

09:33:14 he indicated it remain the way it presently is.

09:33:16 This ordinance will not change the current process.

09:33:18 It will just allow a future council somewhere down the

09:33:22 line.

09:33:22 >> And there are a couple of other small updates, that

09:33:30 are significant from a legal standpoint.

09:33:32 >> Seconded by councilman Miranda.

09:33:36 All in favor say Aye.

09:33:37 Opposes?

09:33:37 >>THE CLERK: Motion carried with Miller being absent.




09:33:41 Second reading of the ordinance will be held July

09:33:45 29th at 9:30 a.m.

09:33:46 >> We move on with our committee reports.

09:33:52 Public safety, councilman Miranda.

09:33:53 >>CHARLIE MIRANDA: I move items 1 through 10.

09:34:09 Excuse me, 4 through 10.

09:34:12 >>THOMAS SCOTT: Seconded by Councilwoman Mulhern.

09:34:14 All in favor?

09:34:16 Opposes?

09:34:18 Okay.

09:34:21 You vote in support?

09:34:22 >>MARY MULHERN: Yes.

09:34:24 >>THOMAS SCOTT: That was a late AYE.

09:34:28 There's only four of us now.

09:34:35 [ Laughter ]

09:34:38 Parks and rec, Councilwoman Mulhern.

09:34:40 >> Thank you.

09:34:42 I would like to move item 1 through 16.

09:34:55 Oh, I'm sorry.

09:34:56 Move item 11 through 17, and highlight item 18.

09:35:07 I would like to move that, thank all the people who

09:35:10 came here and especially thank Karen Palus for so




09:35:14 quickly naming this park for Mr. River, and it's just

09:35:21 wonderful what he's done for the Hillsborough River.

09:35:24 And I think it's great that we are naming it after him

09:35:27 and thank everyone for coming today to celebrate this

09:35:31 renaming.

09:35:35 So move 18 through 20.

09:35:37 Do I need to substitute 17?

09:35:41 >> Including the substitution.

09:35:43 >>MARY MULHERN: Including the substitution of item 17.

09:35:48 So item 11 through 20.

09:35:51 >>THOMAS SCOTT: Including item 18 then?

09:35:53 >>MARY MULHERN: Yes.

09:35:55 >>THOMAS SCOTT: Let me just thank the administration,

09:35:59 Mrs. Karen Palus for this, and it's always an honor for

09:36:03 those who work so hard here in this community.

09:36:06 They deserve this type of recognition.

09:36:08 And I believe council's position has always been to be

09:36:12 supportive of these kinds of renaming and recognitions

09:36:15 so thank all so much for being here today to renaming

09:36:18 the river.

09:36:19 Okay?

09:36:20 This park, rather.




09:36:22 All in favor signify by saying Aye.

09:36:24 Opposes?

09:36:28 Okay.

09:36:29 Public works.

09:36:30 Councilman Miranda.

09:36:31 >>CHARLIE MIRANDA: Move items 21 through 25,

09:36:34 substitute on 22 which is a savings of money for the

09:36:38 city.

09:36:38 >>THOMAS SCOTT: Is there a second?

09:36:41 >>MARY MULHERN: Second.

09:36:42 >>THOMAS SCOTT: All in favor signify by saying Aye.

09:36:45 Opposes?

09:36:46 Finance Committee, Councilwoman Mulhern.

09:36:48 >>MARY MULHERN: I move item 26 through 31.

09:36:54 >> Seconded by councilman Miranda.

09:36:56 All in favor signify by saying Aye.

09:36:57

11:32:13 >>MARTIN SHELBY: Just for clarification again, the

13:33:47 item number 34 has been continued to July 29th.

13:33:51 >>THOMAS SCOTT: Yes.

13:33:54 Building and zoning.

13:33:56 Councilman Caetano.




13:33:57 >>JOSEPH P. CAETANO: Mr. Chairman, we are going to

13:33:59 move 32, 33 -- and 34 is continued -- to number 47.

13:34:04 >>THOMAS SCOTT: Okay.

13:34:08 35 through 47.

13:34:08 Okay.

13:34:09 Is there a second?

13:34:10 Moved and seconded by Councilwoman Mulhern.

13:34:13 All in favor signify by saying Aye.

13:34:15 Opposes?

13:34:21 Transportation.

13:34:22 Councilwoman Miller is not here.

13:34:23 Councilman Miranda, would you?

13:34:26 >>CHARLIE MIRANDA: Yes, sir.

13:34:27 I read these last night.

13:34:29 I'll take up for Ms. Miller 48 through 52.

13:34:32 >>MARY MULHERN: Second.

13:34:33 >>THOMAS SCOTT: Moved and seconded.

13:34:34 All in favor signify by saying Aye.

13:34:37 Opposes?

13:34:38 We need to set the public hearing for items 53 through

13:34:40 60.

13:34:43 >>CHARLIE MIRANDA: So moved.




13:34:46 >>MARY MULHERN: Second.

13:34:46 >>THOMAS SCOTT: All in favor signify by saying Aye.

13:34:49 Opposes?

13:34:52 Okay.

13:34:54 Now we are to our 9:30 items.

13:34:57 Okay.

09:38:12 >> We move to our public hearings for second reading.

09:38:16 Need a motion to open public hearings, 61, 62, 63,

09:38:24 64 -- through 72.

09:38:27 >>CHARLIE MIRANDA: I move to open 61 through 72,

09:38:30 Mr. Chairman.

09:38:30 >>MARY MULHERN: Second.

09:38:32 >>THOMAS SCOTT: Seconded by Councilwoman Mulhern.

09:38:34 All in favor signify by saying Aye.

09:38:36 Opposes?

09:38:36 >> Again for council and the public's clarification,

09:38:45 these public hearings require a vote of four either in

09:38:47 support or opposition to effectuate action which

09:38:50 requires a unanimous vote.

09:38:52 That being the case, it would be appropriate at this

09:38:55 time if anybody wishes to request a continuance to have

09:38:58 this heard before a full council or a council greater




09:39:02 than the four members today.

09:39:05 This would be the appropriate time to do that.

09:39:07 >>THOMAS SCOTT: Item 63, you aren't going to have a

09:39:14 unanimous vote.

09:39:15 I don't know if petitioner is here.

09:39:17 But item 63, you are going to come up short, so you may

09:39:20 want to continue.

09:39:22 If you can come to the mike.

09:39:23 You have to say it on the record.

09:39:25 >> Joseph Diaz here on behalf of the petitioner with

09:39:40 respect to item 63, and we would request a continuance.

09:39:43 >>THOMAS SCOTT: Okay.

09:39:47 Clerk, the 29th?

09:39:49 >>THE CLERK: July 29th at 9:30 a.m.

09:39:54 >>MARTIN SHELBY: And just for the record this has been

09:39:56 opened.

09:39:59 >>THOMAS SCOTT: 29th of July, 9:30.

09:40:02 Anyone want to speak to the continuance on item 63?

09:40:06 Anyone want to speak to that?

09:40:07 >>THOMAS SCOTT:

09:40:14 >>MARY MULHERN: Move to continue to July 29th

09:40:16 9:30.




09:40:17 (Motion carried).

09:40:19 >>THOMAS SCOTT: Seconded by Caetano. Anyone from the

09:40:21 public wish to a degrees council on item 61?

09:40:25 Item 61.

09:40:25 Anyone wish to address council on item 61?

09:40:28 Okay.

09:40:29 Motion to close?

09:40:31 >>CHARLIE MIRANDA: So moved.

09:40:32 >>MARY MULHERN: Second.

09:40:33 (Motion carried).

09:40:35 >>THOMAS SCOTT: Councilwoman Mulhern.

09:40:36 >>MARY MULHERN: I move an ordinance being presented

09:40:42 for second reading and adoption.

09:40:45 Is this 61?

09:40:47 An ordinance of the city of Tampa, Florida readopting

09:40:49 an ordinance that makes comprehensive revisions to City

09:40:52 of Tampa code of ordinances, chapter 6, business

09:40:55 regulation, creating division 11 pain management

09:40:58 clinics, section 6-255 through section 6-262 revising

09:41:04 and clarifying section 6-256-C-4, 6-257-A, 6-261-A and

09:41:13 6-262 providing for repeal of all ordinances in

09:41:15 conflict, providing for severability, providing an




09:41:17 effective date.

09:41:17 >>THOMAS SCOTT: Seconded by councilman Miranda.

09:41:22 Record your vote, please.

09:41:42 >>CHARLIE MIRANDA: The machine can't handle four

09:41:43 votes.

09:42:06 >>THE CLERK: Motion carried with Miller being absent.

09:42:08 >>THOMAS SCOTT: If you are going to be addressing

09:42:09 council on these public hearings please stand and raise

09:42:12 your right hand to be sworn.

09:42:14 (Oath administered by Clerk)

09:42:23 >>MARTIN SHELBY: Mr. Chairman, I ask that all written

09:42:24 material which has been available for public inspection

09:42:26 at City Council's office be received and filed by

09:42:28 motion at this time.

09:42:29 >>MARY MULHERN: So moved.

09:42:35 >> Second.

09:42:35 (Motion carried)

09:42:37 >>MARTIN SHELBY: And for any ex parte communications,

09:42:41 please disclose those prior to your vote.

09:42:42 >>THOMAS SCOTT: Thank you very much.

09:42:43 62.

09:42:44 Anyone wish to address council on item 62?




09:42:47 Motion to close.

09:42:47 >>CHARLIE MIRANDA: So moved.

09:42:49 >>MARY MULHERN: Second.

09:42:51 >>THOMAS SCOTT: Councilman Caetano.

09:42:52 >>JOSEPH P. CAETANO: Mr. Chairman, item 62.

09:42:56 An ordinance being presented for second reading and

09:42:58 adoption, an ordinance approving special use S-2

09:43:04 approving a place of religious assembly in an RS-50

09:43:09 residential single-family and CN commercial

09:43:12 neighborhood zoning district in the general vicinity of

09:43:14 3008, 3010 and 3201 east Lake Avenue and 3703, 3707 and

09:43:22 3717 north 30th street in the city of Tampa,

09:43:25 Florida and as more particularly described in section 1

09:43:30 hereof providing an effective date.

09:43:33 >>THOMAS SCOTT: Moved and seconded by councilman

09:43:34 Miranda.

09:43:35 Record your vote.

09:43:52 >>MARY MULHERN: The machine is not working.

09:43:53 >>THE CLERK: Motion carried with Miller being absent.

09:43:57 >>THOMAS SCOTT: 63 has been continued.

09:44:00 Item 64.

09:44:01 Anyone from the public wish to address council on item




09:44:04 64?

09:44:04 Item 64.

09:44:05 >>CHARLIE MIRANDA: Move to close.

09:44:07 >>MARY MULHERN: Second.

09:44:08 >>THOMAS SCOTT: All in favor?

09:44:10 Opposed?

09:44:10 Councilman Miranda.

09:44:11 >>CHARLIE MIRANDA: Move an ordinance vacating,

09:44:14 closing, discontinuing, and abandoning a certain

09:44:17 right-of-way all that portion of alleyway lying east of

09:44:20 Florida Avenue and west of Marion street north of he is

09:44:24 steal street, and south of Henderson Avenue in plan of

09:44:27 Mobley's subdivision a subdivision in the City of

09:44:30 Tampa, Hillsborough County Florida the same being more

09:44:33 fully described in section 2 hereof subject to certain

09:44:36 easements covenants conditions and subject to certain

09:44:39 restrictions as more particularly described herein

09:44:42 providing an effective date.

09:44:44 >>THOMAS SCOTT: Record your vote.

09:44:46 >>CHARLIE MIRANDA: As substituted.

09:44:47 >>THE CLERK: Motion carried with Miller being absent.

09:44:54 >>THOMAS SCOTT: Item 65.




09:44:54 Anyone who wishes to address council on item 65.

09:44:57 Item 65.

09:44:58 Motion to close.

09:44:59 >> So moved.

09:45:00 >> Second.

09:45:00 >>MARY MULHERN: I move an ordinance being presented

09:45:05 for second reading and adoption, an ordinance approving

09:45:08 a historic preservation property tax exemption

09:45:10 application relative to the restoration, renovation or

09:45:14 rehabilitation of certain property owned by HAMIK and

09:45:19 Arielle Milligan located at 110 west Amelia Avenue

09:45:26 Tampa, Florida in the high pressure Heights historic

09:45:28 district based upon certain findings providing for

09:45:30 notice for the property appraiser of Hillsborough

09:45:32 County providing for severability, providing for repeal

09:45:35 of all ordinances in conflict, providing an effective

09:45:36 date.

09:45:37 >>THOMAS SCOTT: Seconded by councilman Miranda.

09:45:39 Record your vote, please.

09:45:40 >>THE CLERK: Motion carried with Miller being absent.

09:45:45 >>THOMAS SCOTT: Item 66.

09:45:47 >>LaCHONE DOCK: Land Development Coordination.




09:45:53 Council, item 66, 67 and 69 to 71 all require certified

09:45:58 site plans.

09:45:59 Those plans have been certified by the zoning

09:46:01 administrator.

09:46:02 They have been provided to the clerk.

09:46:03 I have copies of those plans if you have any questions.

09:46:06 Thank you.

09:46:07 >>THOMAS SCOTT: Thank you very much.

09:46:07 Anyone wish to address council?

09:46:09 Item 66.

09:46:10 Motion to close.

09:46:12 >>CHARLIE MIRANDA: So moved.

09:46:13 >>JOSEPH P. CAETANO: Second.

09:46:14 >>THOMAS SCOTT: All in favor?

09:46:15 Opposes?

09:46:15 Item 66.

09:46:17 >>MARY MULHERN: I move an ordinance being presented

09:46:22 for second reading and adoption, an ordinance repealing

09:46:25 ordinance 2000-272 approving a special use permit S-2

09:46:29 for alcoholic beverage sales, small venue making lawful

09:46:32 the sale of beverages containing alcohol of more than

09:46:34 1% by weight and not more than 14% by weight and wines




09:46:38 regardless of alcoholic content beer and wine 2(APS) in

09:46:41 sealed containers for consumption off premises only at

09:46:44 or from that certain lot, plot or tract of land located

09:46:47 at 4850 West Kennedy Boulevard Tampa, Florida as more

09:46:53 particularly described in section 3 hereof providing

09:46:55 for repeal of all ordinances in conflict, providing an

09:46:57 effective date.

09:46:58 >>THOMAS SCOTT: Seconded by councilman Miranda.

09:46:59 Record your vote.

09:47:00 >>THE CLERK: Motion carried with Miller being absent.

09:47:09 >> Item 67.

09:47:12 Anyone from the public wish to address council?

09:47:14 >>CHARLIE MIRANDA: Move to close.

09:47:19 >>THOMAS SCOTT: Seconded by councilman Caetano. All

09:47:21 in favor?

09:47:21 Opposes?

09:47:22 Item 67.

09:47:23 Councilman Miranda.

09:47:23 >>CHARLIE MIRANDA: Move an ordinance approving special

09:47:27 use S-2 for alcoholic beverage sales small venue and

09:47:32 making lawful the sale of beverages containing alcohol

09:47:34 of more than 1% by weight and not more than 14% by




09:47:38 weight and Waynes regardless of alcoholic content beer

09:47:41 and wine 2(APS) in sealed containers for consumption

09:47:43 off premises only at or from that certain lot, plot or

09:47:46 tract of land locate at 4320 North Armenia Avenue

09:47:50 Tampa, Florida as more particularly described in

09:47:52 section 2 hereof providing for repeal of all ordinances

09:47:55 in conflict providing an effective date.

09:47:57 >>THOMAS SCOTT: Seconded by councilman Caetano.

09:47:59 Record your vote, please.

09:48:00 >>THE CLERK: Motion carried with Miller being absent.

09:48:06 >>THOMAS SCOTT: Item 68.

09:48:10 Anyone from the public wish to address council on item

09:48:13 68?

09:48:14 >>CHARLIE MIRANDA: Move to close.

09:48:16 >>JOSEPH P. CAETANO: Second.

09:48:16 (Motion carried).

09:48:18 >>THOMAS SCOTT: Councilman Miranda.

09:48:19 >>CHARLIE MIRANDA: Move an ordinance approving a

09:48:22 special use S-1 on appeal from a decision of the zoning

09:48:25 administrator approving an extended family residence in

09:48:28 an RS-60 residential single-family zoning district in

09:48:32 the city of Tampa, Florida and as more particularly




09:48:34 described in section 1 hereof approving waivers as set

09:48:36 forth herein providing an effective date.

09:48:44 >>THOMAS SCOTT: Seconded by Councilwoman Mulhern.

09:48:46 Record your vote.

09:48:47 >>THE CLERK: Motion carried with Miller being absent.

09:48:52 >>THOMAS SCOTT: Item 69.

09:48:56 Anyone from the one public wish to address council on

09:48:59 item 69?

09:49:01 >>CHARLIE MIRANDA: Move to close.

09:49:03 >>THOMAS SCOTT: Moved and seconded.

09:49:05 All in favor?

09:49:06 Opposes?

09:49:06 Item 69.

09:49:07 Councilman Caetano.

09:49:08 >> An ordinance being presented for second reading and

09:49:11 adoption, an ordinance repealing ordinance 97-87

09:49:15 approving a special use permit S-2 for alcoholic

09:49:17 beverage sales, small venue and making lawful the sale

09:49:20 of beverages containing alcohol of more than 1% by

09:49:23 weight and not more than 14% by weight and wines

09:49:27 regardless of alcoholic content beer and wine 2(COP)

09:49:32 for consumption on premises and in sealed containers




09:49:35 for consumption off premises at or from that certain

09:49:39 lot, plot or tract of land located at 1155 South Dale

09:49:43 Mabry Highway, suite number 12, Tampa, Florida as more

09:49:48 particularly described in section 3 hereof providing

09:49:50 for repeal of all ordinances in conflict, providing an

09:49:52 effective date.

09:49:53 >>THOMAS SCOTT: Seconded by Ms. Mulhern.

09:49:58 Record your vote.

09:49:58 >>THE CLERK: Motion carried with Miller being absent.

09:50:14 >>THOMAS SCOTT: Item 70.

09:50:17 >> Move to close.

09:50:22 >> Second.

09:50:23 >> An ordinance for second reading and adoption, an

09:50:28 ordinance approving a special using permit S-2 for

09:50:31 alcoholic beverage sales small venue and making lawful

09:50:33 the sale of beverages containing alcohol of more than

09:50:36 1% by weight and not more than 14% by weight and wines

09:50:39 regardless of alcoholic content beer and wine 2(COP-R)

09:50:42 for consumption on premises only in connection with a

09:50:45 restaurant business establishment on that certain lot,

09:50:48 plot or tract of land located at 3285 west Hillsborough

09:50:53 Avenue, Tampa, Florida, as more particularly described




09:50:55 in section 2 hereof providing for repeal of all

09:50:58 ordinances in conflict, providing an effective date.

09:51:00 >>THOMAS SCOTT: Seconded by councilman Miranda.

09:51:07 Record your vote.

09:51:07 >> Motion carried with Miller being absent.

09:51:15 >>THOMAS SCOTT: Item 71.

09:51:17 Anyone from the public wish to address council on item

09:51:19 71?

09:51:20 >>CHARLIE MIRANDA: Move to close.

09:51:22 >>MARY MULHERN: Second.

09:51:23 >>THOMAS SCOTT: All in favor signify by saying Aye.

09:51:25 Opposes?

09:51:26 Councilwoman Mulhern.

09:51:27 >> I move an ordinance approving a special use permit

09:51:31 S-2 for alcoholic beverage sales small venue and making

09:51:34 lawful the sale of beverages containing alcohol of more

09:51:36 than 1% by weight an not more than 14% by weight and

09:51:40 wines regardless of alcoholic contend tent beer and

09:51:43 wine 2(COP-R) for consumption on premises only in

09:51:45 connection with a restaurant business establishment on

09:51:47 that certain lot, plot or tract of land located at 2311

09:51:51 east Fowler Avenue, Tampa, Florida, as more




09:51:54 particularly described in section 2 hereof providing

09:51:57 for repeal of all ordinances in conflict, providing an

09:52:00 effective date.

09:52:00 >>THOMAS SCOTT: Seconded by councilman Miranda.

09:52:02 Record your vote, please.

09:52:03 >>THE CLERK: Motion carried with Miller being absent.

09:52:11 >>THOMAS SCOTT: Item 72.

09:52:13 Item 72.

09:52:14 Anyone wish to address council on item 72?

09:52:17 >>CHARLIE MIRANDA: Move to close.

09:52:22 >>THOMAS SCOTT: Seconded.

09:52:25 >> Move an ordinance 2008-141 passed and ordained by

09:52:37 City Council of City of Tampa on August 21, 2008

09:52:40 correcting a scrivener's error for substituting the

09:52:43 approved site plan dated August 14, 2008 and the old

09:52:46 site plan dated may 22, 2008 attached to the ordinance

09:52:50 that was supplied in error providing for severability,

09:52:53 providing an effective date.

09:52:53 >>THOMAS SCOTT: Seconded by Councilwoman Mulhern.

09:52:55 Record your vote, please.

09:52:56 >>THE CLERK: Motion carried with Miller being absent.

09:53:03 >>THOMAS SCOTT: Item 73.




09:53:07 >>JULIA COLE: City of Tampa legal department.

09:53:12 I would ask if you could also open number 74 and 75 at

09:53:17 the same time.

09:53:18 >>THOMAS SCOTT: We are open all the way to 75 already.

09:53:20 >>JULIA COLE: Very good.

09:53:22 I will speak for all three items as they are all

09:53:25 related.

09:53:26 As you may recall, I submitted this to you actually

09:53:31 four weeks ago, and what these three items would do is

09:53:34 allow the City of Tampa to settle a case which was

09:53:38 brought by the department of community affairs relating

09:53:41 to a comprehensive plan map amendment which the

09:53:46 department of community affairs challenged.

09:53:49 I am not going to go through my entire presentation

09:53:51 unless there's any question.

09:53:52 I would ask that you vote on items number 74 and 75

09:53:56 prior to voting on item number 73 which is the

09:53:59 resolution approving the settlement agreement.

09:54:02 In addition, I am handing to the clerk attachment 2 to

09:54:07 items number 74 which was accidentally not in the stock

09:54:15 agenda but it is a large map of the property, which

09:54:21 would show the clear zone area which we have been




09:54:23 discussing.

09:54:24 >>THOMAS SCOTT: Just for clarity of the record,

09:54:26 council, if we can open items 73 through 75.

09:54:29 >>CHARLIE MIRANDA: So moved.

09:54:31 >>MARY MULHERN: Second.

09:54:35 >>THOMAS SCOTT: So moved.

09:54:35 Thank you.

09:54:36 >> I am going to hand the item number 74 to the clerk.

09:54:41 >>THOMAS SCOTT: Any questions by council?

09:54:44 >>CHARLIE MIRANDA: I remember a time a year and a half

09:54:45 or so ago there was a zoning area, that I think this

09:54:50 parcel was left out or something, there was a debate

09:54:53 between the Air Force, the petitioner and the city and

09:54:56 went all the way through the process, and this is a

09:55:00 result of that process?

09:55:01 >>JULIA COLE: This would clarify and a sure that there

09:55:03 is a mapping of the clear zone both on the parcel at

09:55:06 issue and within our comprehensive --

09:55:10 >> Changed something from 35 to --

09:55:13 >> Decision City Council changed from light industrial

09:55:17 to CMU 35.

09:55:19 >>CHARLIE MIRANDA: Thank you very much.




09:55:21 >>THOMAS SCOTT: Anyone from the public wish to address

09:55:22 council on items 73?

09:55:28 >>CHARLIE MIRANDA: Mr. Chairman, we ought to do 74 and

09:55:30 75 first and then go back to the resolution.

09:55:31 >> I am requesting you read those ordinances prior.

09:55:35 >>THOMAS SCOTT: That's fine.

09:55:36 Does anyone wish to address council on item 74 or 75?

09:55:40 Anyone wish to address council on item 74 or 75?

09:55:44 >>CHARLIE MIRANDA: Move to close, Mr. Chairman.

09:55:46 >>JOSEPH P. CAETANO: Second.

09:55:47 >>THOMAS SCOTT: All in favor?

09:55:49 Councilman Miranda.

09:55:50 >>CHARLIE MIRANDA: Along with the addition of the map

09:55:53 I move item 74 that's included on that map.

09:55:57 An ordinance a amending ordinance 2008-144 which

09:56:02 amended the Tampa comprehensive plan, future land use

09:56:04 element, future land use map, for the property located

09:56:08 in the general vicinity of Interbay Boulevard abutting

09:56:12 MacDill Air Force Base between Lois Avenue and Dale

09:56:15 Mabry highway from light industrial L-1 to community

09:56:19 mixed use 35, CMU 35, providing for additional

09:56:22 conditions of development, providing for repeal of all




09:56:25 ordinances in conflict, providing for severability,

09:56:27 providing an effective date.

09:56:28 >>MARY MULHERN: Second.

09:56:32 >>THOMAS SCOTT: Record your vote.

09:56:37 >>CHARLIE MIRANDA: That was for second hearing.

09:56:42 >>THE CLERK: Motion carried with Miller being absent.

09:56:45 >>THOMAS SCOTT: Item 75.

09:56:50 Councilman Caetano.

09:56:50 >>JOSEPH P. CAETANO: An ordinance for second reading

09:56:51 and adoption, an ordinance of the city of Tampa,

09:56:53 Florida amending the Tampa comprehensive plan, future

09:56:57 land use element by revising objective 19.7 and

09:57:02 associated policies as more particularly described in

09:57:05 section 2 below, providing for severability, providing

09:57:09 an effective date.

09:57:10 >>CHARLIE MIRANDA: Second.

09:57:13 >>THOMAS SCOTT: Moved and seconded.

09:57:15 Record your vote.

09:57:18 Record your vote.

09:57:28 >>THE CLERK: The motion to close earlier was for both

09:57:30 items, 74 and 75.

09:57:33 >>THOMAS SCOTT: Yes.




09:57:33 We just read the ordinance 75.

09:57:35 We voted.

09:57:35 >>THE CLERK: One more vote.

09:57:38 >>THOMAS SCOTT: We need one more vote?

09:57:41 >>CHARLIE MIRANDA: I voted three tiles.

09:57:48 >>JOSEPH P. CAETANO: Maybe I voted too early so I'll

09:57:50 revote.

09:57:51 >>THE CLERK: Motion carried with Miller being absent.

09:58:03 >>THOMAS SCOTT: We are back to 73.

09:58:06 Move the resolution.

09:58:07 >> So moved.

09:58:09 >> Second.

09:58:10 >>THOMAS SCOTT: Moved and seconded.

09:58:12 All in favor?

09:58:13 Opposes?

09:58:15 Okay.

09:58:16 Let me just ask the administration, we are going to

09:58:19 take about a ten-minute break, because of the hard work

09:58:23 of this council, moving swiftly.

09:58:29 And unanimously this morning.

09:58:30 I think we deserve a ten-minute break.

09:58:32 We stand in recess until about 10:15.




09:58:36 Ask the administration to come over earlier today.

09:58:41 (Brief recess)

09:58:48

09:58:42 >>THOMAS SCOTT: We are back in order.

10:22:24 Roll call.

10:22:24 >>JOSEPH P. CAETANO: Here.

10:22:26 >>CHARLIE MIRANDA: Here.

10:22:27 >>MARY MULHERN: Here.

10:22:28 >>THOMAS SCOTT: Here.

10:22:30 Okay.

10:22:33 We go to our 10:30 items.

10:22:36 Staff reports.

10:22:37 Item 76.

10:22:38 >>JULIA COLE: City of Tampa legal department.

10:22:44 I have submitted to council for council's review and

10:22:46 consideration amendment to your pain management clinic

10:22:49 ordinance in which I add a provision which requires

10:22:52 disclosure on the part of an owner or operator of a

10:22:55 pain management clinic as to whether or not they have a

10:22:58 business interest in a pharmacy within the State of

10:23:01 Florida.

10:23:02 In addition I have added in an operational requirement




10:23:05 that indicates that the medical director of the pain

10:23:11 management clinic cannot prescribe more than 72 hours

10:23:15 worth of medication except as provided under Florida

10:23:18 statute.

10:23:19 As many of you are aware, Florida statutes recently

10:23:22 changed to add in some additional provisions relating

10:23:24 to physicians who work within pain management clinics

10:23:28 and one of the items which was add in the Florida

10:23:30 statute relates to how many pills could be prescribed

10:23:33 at a certain time, and there are exceptions within

10:23:35 Florida statute, but that is added within our ordinance

10:23:41 along with City Council's motion.

10:23:42 I'm available for any questions.

10:23:43 Oh, I'm sorry.

10:23:44 In addition, I'm asking that you place this on first

10:23:46 reading consideration for the next regular agenda,

10:23:49 which is July 29th.

10:23:51 Thank you.

10:23:53 >>CHARLIE MIRANDA: Mr. Chairman, this is exactly what

10:23:55 we asked for some time back.

10:23:57 We had the emergency ordinance to stop the creature

10:24:03 from spreading and we went through the process of the




10:24:05 ordinance that we face on second reading today, and

10:24:07 this would be a clean-up of the ordinance whereby it

10:24:11 has more disclosures to it, so that the city and the

10:24:14 public is well aware in the city for the health safety

10:24:20 and welfare of the citizens and the neighborhoods.

10:24:23 This would allow the city to get more information

10:24:25 regarding the individual who was the proprietor, has to

10:24:33 sign on the lessor and the lessee, and the medical

10:24:41 director I believe has somehow changed the clinic, must

10:24:46 notify the city, I believe if I remember, within ten

10:24:48 days, if there's a change in medical directorship and

10:24:51 who the medical director is going to be.

10:24:53 So it's being run as a business, not as a pill mill.

10:24:58 And I think the majority of the people in the City of

10:25:02 Tampa, the variety majority of the people of the City

10:25:05 of Tampa, is well aware of the problems that are going

10:25:08 on throughout this nation, not only here in the City of

10:25:11 Tampa, but if you look at the deaths that have been

10:25:18 reported in this country on legalized prescription

10:25:21 medication that have caused these deaths, the numbers

10:25:25 are astounding.

10:25:27 And what we are trying to do is public safety and




10:25:30 welfare of our citizens, and to stop these individuals

10:25:32 to come in from different states in the country to buy

10:25:36 these pills and go out and sell them for huge profits

10:25:39 of anywhere upwards of $50 a pill.

10:25:43 So this is what's going on in this state.

10:25:46 The state has taken action, which the laws that Ms.

10:25:50 Cole just spoke about will come into effect.

10:25:52 This parallels the state on the 72 hours with

10:25:55 exceptions, of course, and I recommend this to be

10:25:58 passed on first reading.

10:26:00 >>THOMAS SCOTT: Well, let me also thank councilman

10:26:03 Miranda for his leadership on this issue.

10:26:06 You know he brought this to our attention I guess about

10:26:09 a month ago or so now, and led the charge on getting

10:26:15 the involvement of our legal counsel's advice as we

10:26:19 move forward on this issue.

10:26:22 I want to thank you for your leadership on this.

10:26:23 >>CHARLIE MIRANDA: Thank you, Mr. Chairman.

10:26:25 >>THOMAS SCOTT: So then we need a motion.

10:26:26 Do we need a motion, Ms. Cole, to set the hearing right

10:26:30 for --

10:26:32 >>MARTIN SHELBY: You can do it by motion.




10:26:34 >>THOMAS SCOTT: July 29th.

10:26:36 >>CHARLIE MIRANDA: I move the hearing be set on July

10:26:38 29th for first ordinance appearance for reading on

10:26:43 first ordinance and consideration by this council.

10:26:44 >>MARTIN SHELBY: This would show up on a consent

10:26:51 docket, does not require a hearing.

10:26:53 >>> It would occur at second hearing.

10:26:58 >>THOMAS SCOTT: Seconded by councilman Caetano.

10:27:02 (Motion carried)

10:27:03 Item 77.

10:27:04 Mr. Santiago Corrada.

10:27:06 >> Santiago Corrada, administrator.

10:27:10 It's my pleasure this morning to provide a progress

10:27:12 report on the fee schedule related to parks and

10:27:15 recreation.

10:27:17 Scent to your last meeting, and even after that

10:27:20 meeting, the mayor and staff have been in discussions

10:27:24 analyzing the fees and their impact on certain

10:27:26 programs.

10:27:28 On July 8th the mayor sent a memo to council with

10:27:31 reference to rolling back some fees for those impacted

10:27:34 programs.




10:27:34 I would like to elaborate a little bit on that

10:27:37 memorandum.

10:27:38 With regards to the after-school program, which begins

10:27:41 August 24th for us, if a youngster has a parks and

10:27:45 rec card, a $15 rec card and lasts from the date of

10:27:53 purchase for a year, those young people would be

10:27:55 allowed to enroll in our after-school programs for free

10:27:58 at no charge.

10:27:59 So that is reversing to the trend in 2009 where

10:28:02 after-school programs were free of charge.

10:28:04 For the summer program next year, we are rolling back

10:28:07 the 2009 where again if a young person has that rec

10:28:12 card for $15 a year, they would be able to enjoy nine

10:28:15 weeks of summer programming for $70 for the entire

10:28:19 summer, and if they qualify for the reduced rate, $35

10:28:23 for the entire summer.

10:28:24 With regards to open swim, anyone next year with a $15

10:28:30 rec card would be allowed to swim for free during open

10:28:33 swim time, and for seniors, we are rolling back any

10:28:37 program fees that are enacted through the parks and rec

10:28:41 department through the fees that we had in place in

10:28:43 2009.




10:28:44 In addition, Karen Palus did have follow-up

10:28:47 conversation with Dr. Greenbaum regarding how we might

10:28:49 be able to collaborate with some of the studies they

10:28:52 are doing at USF and their impacts on our community,

10:28:54 and there really wasn't any reason to get together to

10:28:57 streamline financial assistance, because we are rolling

10:29:00 back for those impacted programs.

10:29:02 We won't have that financial assistance so it won't be

10:29:05 necessary because youngsters will be able to use those

10:29:07 after-school programs for free and roll back to the

10:29:09 very, very low rates that we had in 2009 for the summer

10:29:12 programs.

10:29:12 >>THOMAS SCOTT: Councilwoman Mulhern, councilman

10:29:15 Miranda.

10:29:16 >>CHARLIE MIRANDA: Thank you.

10:29:17 I was very happy.

10:29:19 I was getting phone calls on our break about this, and

10:29:22 I was thrilled to hear about it.

10:29:23 And thank you for the memo that you got me just

10:29:33 yesterday about the fees, the numbers.

10:29:35 I don't think we really need to go over these at this

10:29:37 point, since you are rolling back, but I do have a




10:29:39 couple of questions.

10:29:43 And I think you said this, but I just want to make

10:29:46 sure.

10:29:48 The after-school programs for this fall, the rollbacks,

10:29:54 the no charge starts August 24th.

10:29:57 >> August 24th.

10:29:58 In order for to us do that, we will be bringing an

10:30:00 amended fee schedule to City Council either on the

10:30:04 29th of July or first meeting in August because

10:30:07 wave to roll back that fee to zero, what it was in

10:30:10 2000.

10:30:10 So we will be bringing that amended fee schedule with

10:30:12 all the changes that I have referenced today for you.

10:30:15 >> I would like to ask you if we could get that a week

10:30:18 ahead of voting on it.

10:30:19 >> Yes, ma'am.

10:30:20 >> That would be great.

10:30:23 Another question.

10:30:27 What I think we need to see still, because we have been

10:30:32 talking about this since it happened, and I do need to

10:30:36 point out that I asked and everybody asking since I

10:30:41 think January to roll back these fees.




10:30:44 So we lost half a school year, more than half a school

10:30:48 year -- or we lost attendance for last school year, and

10:30:53 for this summer, because of that.

10:30:56 And I know that council doesn't get to set

10:31:03 administration policy, but we did approve those fees,

10:31:06 and ask that if they became onerous that they get

10:31:11 rolled back.

10:31:12 So I just want to make it clear to the public that the

10:31:14 council has been trying to do this for a while, and I

10:31:18 for one am very sorry that a lot of parents, children

10:31:21 and seniors were left out for this year.

10:31:28 The other question then becomes -- what a lot of

10:31:34 concerns we heard voiced were from people in the

10:31:36 communities who were concerned that their actual

10:31:40 centers and programs were being eliminated.

10:31:42 And so I know that there has been -- although you may

10:31:47 be able to get the numbers back for attendance for some

10:31:51 of the programs, after-school programs, and what's left

10:31:55 of the summer programs for next year, we have, I think,

10:32:01 lost a lot of attendance because of the fees that were

10:32:05 in place already.

10:32:07 So I would like to see the numbers as far as how many




10:32:14 centers, programs, and by nature of centers closed or

10:32:23 programs eliminated, how many people have actually

10:32:28 dropped out of the parks programming because of that.

10:32:31 Because I think we can correct the fee problem.

10:32:34 But if there's no longer anywhere for them to go,

10:32:37 that's a problem.

10:32:39 And I understand where we are in our budget situation.

10:32:44 But the reality is by raising those fees, attendance

10:32:50 dropped, and then the programs were closed.

10:32:55 And that was not, I don't think, coincidental.

10:32:59 And I think that commitment to this programming is

10:33:03 either here or not.

10:33:04 So that's the big question for me.

10:33:08 So when you come back with the fee schedule, I would

10:33:10 like to see those numbers.

10:33:13 >> And mayor Councilwoman, what we will do -- and we

10:33:16 have alluded to this before -- enrollment fix don't

10:33:20 match attendance figures and that's been our big

10:33:23 conundrum.

10:33:24 We enroll a lot more than we see on a daily basis or

10:33:27 weekly basis.

10:33:28 So we'll get those numbers for you.




10:33:29 I must say we have not closed a lot of programs.

10:33:32 We don't have any intentions right now to close any

10:33:35 programs.

10:33:35 We do have reduced capacity because we have laid off

10:33:38 and cut staff.

10:33:40 But right now, what we'll do is we'll look at capacity

10:33:42 numbers at those sites.

10:33:44 And if we have to move staff because we have larger

10:33:46 facilities and more attendees at a different location,

10:33:49 in order to accommodate those numbers, we move staff

10:33:51 around like we have done traditionally.

10:33:53 We really don't have any plans to shut any programs

10:33:55 down, any centers down at this point in time.

10:33:58 We are looking to come back to this free status and see

10:34:01 what those numbers are, and hopefully the attendance

10:34:04 will jump back up and we'll see more children on a

10:34:07 consistent basis rather than huge enrollment numbers

10:34:09 and attendance being very low, because that happens,

10:34:13 you know.

10:34:13 When a program is free you can enroll and decide to

10:34:15 come once or twice a month, three times a month, and

10:34:18 there isn't that consistent attendance, and then you




10:34:21 might be taking up the place of somebody who really

10:34:23 needs to be there every day on a weekly basis.

10:34:25 So we are going to have to monitor that.

10:34:27 >> Well, you need to do your best to pull those numbers

10:34:29 together for us.

10:34:30 I can't, you know, tell you how to do that.

10:34:33 You know better than me.

10:34:42 Is that what you're thinking, why stop now?

10:34:45 >> You're on a roll.

10:34:46 >>MARY MULHERN: One other thing I was going to ask.

10:34:50 Because it's news, and this isn't going to solve the

10:34:56 problem, but it needs to be posted pretty prominently

10:35:08 where programs used to be and are that the fee schedule

10:35:10 is going back.

10:35:11 >> After the mayor released a memo there were a couple

10:35:14 of newspaper articles on it.

10:35:15 We'll make sure we'll continue to elaborate and make

10:35:18 sure everyone understands that for the after-school

10:35:20 program, very affordable again, and for the

10:35:22 after-school program, it's free of charge of with a rec

10:35:24 card.

10:35:25 >> Okay.




10:35:26 That's good, because I think as you said the

10:35:29 attendance, people just show up.

10:35:31 So the best place to post that is there, and hopefully

10:35:36 the people who were not able to attend for the past

10:35:38 year will come back to the parks.

10:35:41 That's the challenge.

10:35:49 So thank you.

10:35:50 And I want to thank all of the citizens who came here

10:35:52 to ask for this, because it wouldn't have happened if

10:35:55 people hadn't come to council over and over and over

10:35:58 again to support these programs and thank the mayor for

10:36:03 honoring her commitment to roll back the fees if need

10:36:07 be.

10:36:07 >> Thank you, Councilwoman.

10:36:09 >>CHARLIE MIRANDA: Thank you, Mr. Chairman.

10:36:14 Thanks to you and your administrative abilities and the

10:36:16 Mayor Iorio, we have taken some bold steps here to

10:36:18 rectify this situation.

10:36:22 If I have to read all the things you do, council would

10:36:26 kill me because I would take an hour

10:36:30 But what you said is the fact, enrollment and

10:36:33 participation are two different things.




10:36:35 And solving that is something that's difficult, because

10:36:40 you may have a class that's overfilled, and enrollment

10:36:46 was, let's say, 100 but it's only working at 75%

10:36:49 capacity.

10:36:50 So there's 50 more that want to come in, and they

10:36:54 should be able to come in because the enrollment is

10:36:56 high and no one -- 25% of them are not showing up.

10:37:00 Somehow, I think that if you don't attend, somebody is

10:37:04 going to take your spot.

10:37:05 I think that would only be the right thing to do.

10:37:07 But it's hard to do.

10:37:10 For me to say it's real simple, unless you are the one

10:37:12 being bumped out, because it becomes simple then.

10:37:15 Thank God I'm not the one who has got to tell them.

10:37:18 But and I'm not questioning the numbers at all.

10:37:23 I think they are fair and equitable.

10:37:24 What I'm talking about is a financial matter.

10:37:26 If we had -- I don't know the numbers of seniors and

10:37:29 disabled that were involved from outside the city prior

10:37:33 to the increase.

10:37:35 And the only thing I think that if we could get a look

10:37:38 at that, your department can look at it, and find out




10:37:42 on a monetary basis, if the fee is so bad, there's an

10:37:50 old saying you cut your nose to spite your face or

10:37:55 something like that, and I don't want to see if we are

10:37:58 a capacity of 10 and we go to 40 or 50, the same amount

10:38:02 of fees, therefore it would give the centers more

10:38:04 accessibility and more, you know, feeling when you go

10:38:12 there with your friends and that's why I would like to

10:38:14 see if you can bring this back in two weeks or

10:38:16 something like that, I would be really be appreciative

10:38:19 of that.

10:38:19 That's only for seniors in the city that are paying the

10:38:24 higher rate, and that's way want to see if we can

10:38:27 equate to health, but at the same time we are helping

10:38:29 ourselves.

10:38:30 If the numbers come in like I think they could come in

10:38:32 that we dropped so far that the fee is not generating

10:38:35 any calls for revenue then I think it would be

10:38:40 equitable to review that.

10:38:42 >> Thank you, councilman.

10:38:44 That's a fair request.

10:38:45 We'll look at Barksdale how many seniors we lost that

10:38:48 were out-of-city residents that impact that center.




10:38:52 Again we trade to work with them.

10:38:55 We didn't do the 115 at one shot.

10:38:57 We went seasonally.

10:38:58 We'll take a look to see how many we lost.

10:39:00 >> I appreciate that very much.

10:39:03 >>THOMAS SCOTT: Let me just say, Santiago, and thank

10:39:05 you and the administration for the rollback of those

10:39:10 fees.

10:39:10 I think we all know you do an incredible job, great

10:39:13 job, the staff.

10:39:14 Thank you for all that you do.

10:39:16 However, I do think that a lot of the credit goes to

10:39:19 this council and to Mary Mulhern in general, because

10:39:23 they kept raising the issue and raising rolling back

10:39:26 the fees.

10:39:27 In fact, we discussed that at more than one meeting, of

10:39:30 rolling those fees back.

10:39:31 Council talked about it and listened about rolling

10:39:36 those fees back so I think council deserves some of the

10:39:39 credit from that because it was to listen to the

10:39:42 constituents who came here week after week who kept

10:39:44 raising that issue.




10:39:45 And even for the seniors, Mr. Miranda, relative to

10:39:49 seniors, so I think the leadership of this council, and

10:39:52 those who serve on this, those that are not here, are

10:39:55 very much concerned about parks and rec, which is a

10:39:59 quality of life issue for us.

10:40:01 As a result of that, the administration heard that, and

10:40:06 what the citizens were saying and also heard council's

10:40:09 concern and decided to roll those fees back.

10:40:12 So I believe that that is so important that when we can

10:40:16 work together as a team for the betterment of this

10:40:19 community, for the city, that's what's important

10:40:23 And I again want to thank you, the mayor and the

10:40:26 administration for this effort.

10:40:29 And I think the citizens really will appreciate those

10:40:34 fees and rollback, because again it is a quality of

10:40:36 life issue for us, for our citizens to go to parks.

10:40:41 >>> Thank you, honorable members, for your support.

10:40:48 Have a great day.

10:40:49 >>THOMAS SCOTT: Moving right along.

10:40:51 Item 78.

10:40:55 Solid waste department.

10:40:56 >> Good morning, council.




10:41:00 Tonja Brickhouse, solid waste and environmental program

10:41:03 management director.

10:41:05 I know that the city attorney's office, the city

10:41:09 attorney Chip Fletcher has provided a memo as relates

10:41:13 to the noise ordinance and I'm here to address any

10:41:15 other concerns that maybe that didn't clear up.

10:41:18 >>CHARLIE MIRANDA: Thank you very much for appearing

10:41:25 and also for the memo that we received.

10:41:33 Not really on this issue but on other issues that I

10:41:35 always feel that the general public rules should be

10:41:39 applied to the same standard as governmental rules.

10:41:42 I am not going to tell you I'm right.

10:41:44 It just the way I feel.

10:41:46 So when I look at the memo that I received, I remember

10:41:49 reading it, and it stated that government and other

10:41:52 entities, not only government, but other commercial

10:41:55 entities had a clause in there that they were exempt.

10:42:00 Am I correct so far?

10:42:07 So then I asked this.

10:42:08 In most cases, you can't start a job till 7 in the

10:42:12 morning Monday through Friday, and I think ending at

10:42:14 sometime 8:00 or 9:00.




10:42:16 I read so many things.

10:42:18 And the second one, on weekend, you can't start till an

10:42:21 hour or two later, something to that effect.

10:42:24 But when we look at ourselves, and I try to do that, I

10:42:29 can experience, tell you by experience that sometimes

10:42:33 at a quarter till five in the morning, no later than

10:42:35 five in the morning, there was a dumpster, the vehicle

10:42:39 that picks up the dumpster, that make -- and we are not

10:42:42 talking about what was written in the memo about noise

10:42:46 from the muffler or tail pipe hanging or something to

10:42:49 do.

10:42:50 That's really part of it but not the whole part.

10:42:52 The whole part is that when we pick it up that early in

10:42:56 the morning, and most of the neighborhoods in the

10:42:59 cities have a lot of elderly people.

10:43:03 Not that we are elderly here, of course.

10:43:05 But what I'm saying is that I wake up in the morning at

10:43:08 5:30 whether I want to or not.

10:43:09 Maybe I'm becoming one of those elderly individuals.

10:43:12 But I also go to bed early.

10:43:15 So what I'm saying is it did have an effect on the

10:43:20 quality of life of my neighbors and myself, and I don't




10:43:26 see why we have that.

10:43:27 I don't see why -- those trucks are air conditioned,

10:43:31 aren't they?

10:43:31 >> Yes.

10:43:32 >> And they are heated, aren't they?

10:43:34 They have the amenities that all the vehicles have in

10:43:36 the fleet.

10:43:37 So if this was a car passing by, no, you wouldn't hear

10:43:41 it.

10:43:42 But when it picks it up and you hear the dump and you

10:43:46 back out, the noise does carry to a lot more than just

10:43:49 the surrounding areas.

10:43:50 I don't know what 85 decibels are as far as you telling

10:43:54 me what it is.

10:43:55 Yeah, 85 is something less than 100.

10:43:57 But when you listen to it, it may be 200.

10:44:01 But you think it's 85.

10:44:04 I don't know.

10:44:05 >>CHARLES FLETCHER: If I may, Mr. Chairman.

10:44:08 Most of the dumpsters are commercial dumpsters.

10:44:11 I don't know if this one was or not.

10:44:14 But if it was, chances are that it would have been by a




10:44:18 commercial vendor which we do have time constraints on

10:44:21 in our contracts.

10:44:22 They should not have been collecting the before 6:00.

10:44:27 We do have some additional vendors that are hired

10:44:29 directly by property owners that operate through permit

10:44:33 by the city.

10:44:34 Some of those have time constraints in them.

10:44:36 Some of them don't.

10:44:37 I think one of the things we could do is go back and

10:44:39 make sure that all those permits have time constraints

10:44:41 so they are not coming at 5:00 in the morning.

10:44:44 >> These were not commercial vendors.

10:44:46 They were city vendors.

10:44:48 But that's all I want to say.

10:44:49 >>THOMAS SCOTT: Okay.

10:44:53 Anything else?

10:44:53 >>CHARLIE MIRANDA: If you want to go uniformly with

10:45:00 the commercial vendors, then I don't think we should be

10:45:02 any different than the commercial vendors.

10:45:04 >>MARTIN SHELBY: Is it your desire then to ask council

10:45:08 the legal department bring back a code change?

10:45:11 >>CHARLIE MIRANDA: I think it's more than my desire.




10:45:13 I think it ought to be -- and I'm not one for dragging

10:45:16 things out or having meetings, but we only have four

10:45:19 council members and I'm not going to take center stage.

10:45:24 I would rather we have seven members present for the

10:45:27 benefit of all, and an audience that all of us

10:45:31 including the department head and the legal department

10:45:34 can address.

10:45:35 That's the only reason I would not -- I think it would

10:45:38 be proper for only four of us to vote on this one here,

10:45:41 because it's something that's coming up.

10:45:46 Not something already on the agenda.

10:45:47 >>MARTIN SHELBY: Is it your desire to bring this back

10:45:49 at a future date or would you like it placed on the

10:45:51 future agenda?

10:45:53 >>CHARLIE MIRANDA: I would like it oh to come back

10:45:56 whenever these new members, whoever they would be,

10:45:58 would have at least a month and a half under their belt

10:46:00 so they can understand.

10:46:01 I don't know who is going to get selected.

10:46:03 Notice I didn't say elected, I said selected, are.

10:46:08 >>MARTIN SHELBY: If it's your desire you can either

10:46:10 make a motion to bring it back today or just Virginia




10:46:12 it brought back at a future date.

10:46:15 >>CHARLIE MIRANDA: Let me do this.

10:46:17 Let me bring this up at a later date, two weeks.

10:46:20 Let me have a conversation with the department with

10:46:25 Tanya and we'll go from there, and just let it die for

10:46:29 now.

10:46:29 >>TONJA BRICKHOUSE: We'll get something.

10:46:32 Thanks again for the opportunity to present this

10:46:33 morning.

10:46:34 >>THOMAS SCOTT: Thank you very much.

10:46:35 Item 79.

10:46:41 This is the issue of the truck signs on Bayshore.

10:46:48 >>JEAN DORZBACK: Transportation division.

10:46:50 I submitted a report that outlines the additional

10:46:52 signage that was placed out in the area with the legal

10:46:57 aide in deterring truck traffic on Bayshore Boulevard.

10:47:00 We have also communicated this information with the

10:47:02 police traffic squad, which we feel will allow them to

10:47:07 more effectively enforce the truck route.

10:47:09 So we received public comment already.

10:47:14 If there are any questions, I will be glad to take it.

10:47:17 >>MARY MULHERN: I just want to thank you for doing




10:47:20 that.

10:47:20 That's great.

10:47:21 And Ms. Lyons, you made her happy.

10:47:25 And I know the Bayshore task force before I was on

10:47:29 council, four, five years ago, so I'm seeing you

10:47:33 implement some of the recommendations, and we are all

10:47:37 very happy about it.

10:47:38 >>THOMAS SCOTT: Next?

10:47:44 Item 80.

10:47:51 >>CATHERINE COYLE: City of Tampa zoning administrator.

10:47:54 I am here actually for items 80, 81 and 84, if you

10:48:01 would like me to just address them all together.

10:48:03 80 and 81 are actually related.

10:48:06 81 specifically, there was a motion made about a month

10:48:09 ago or so that we come back to discuss the memo that

10:48:13 came from Walter Crumbley that is actually included in

10:48:16 the packet that was transmitted to you after the June

10:48:18 24th meeting.

10:48:20 He got that as a result of the workshops that we held.

10:48:22 And we did hold workshops in council chambers May

10:48:26 19th and June 2nd at council's direction in the

10:48:30 original motion for March.




10:48:31 And we discussed a lot of different issues having to do

10:48:33 with alcohol.

10:48:35 We did receive -- and they are contained in the packets

10:48:38 that I sent last month as well -- letters from

10:48:41 Westshore alliance, Mr. Crumbley and Spencer Kass.

10:48:44 There's also the sign-in sheets from the two meetings

10:48:46 to show you the various people that attended.

10:48:49 I also included all the documentation that we presented

10:48:52 at the workshops including the original March 25th

10:48:57 workshop, which was when I went over the fees that we

10:49:01 found in the research that we did over the past year,

10:49:05 looking at geography of the cities and counties around

10:49:10 the state, looking at alcoholic beverage district and

10:49:12 how other location as round the state treated them, the

10:49:15 usage of the alcohol and uses on the property that are

10:49:20 the principal uses that sell alcohol and how other

10:49:23 jurisdictions treat them, and also distance

10:49:25 separations.

10:49:27 Included with that was the table that was produced by

10:49:31 Ms. Kert, looking at the 20 or so jurisdictions that

10:49:36 you looked at around the state.

10:49:39 We followed up with those two workshops, May 19th




10:49:42 and June 2nd, and we went through the information

10:49:45 that we showed you in March, and we followed that up

10:49:47 with some additional information and a work sheet that

10:49:52 we went through that looked at specifically starting

10:49:55 with where we start with all of our regulations as a

10:49:59 comprehensive plan, and how the city and the future

10:50:03 planning of the city lays out.

10:50:06 I'll go through this briefly.

10:50:08 This is a city format contained within the

10:50:10 comprehensive plan.

10:50:10 And what this map shows you are the planning districts,

10:50:13 the urban villages, all the other city components that

10:50:16 have very specific goals, objectives and policies that

10:50:20 really tells you certain types and uses are targeted

10:50:26 throughout the city.

10:50:26 We took that as we do with all the regulations that we

10:50:29 do, and we figured out and laid out a scenario for the

10:50:33 people that attended the meetings and the others that

10:50:36 got the information, asking them basically very basic

10:50:40 questions, get them to understand what the city format,

10:50:42 understanding what those policies and objectives are,

10:50:44 understanding what the state regulations are for the




10:50:47 licensing of the establishments, what the comparable

10:50:50 requirements are around the state an other

10:50:52 jurisdictions, and then understanding that there's

10:50:56 always the overarching desire to streamline, update and

10:51:03 make sure we get people through our system as

10:51:06 efficiently as possible and get the right answer at the

10:51:09 end.

10:51:11 What we did is we looked at those uses within our city,

10:51:15 and then talked about what conditions should apply to

10:51:18 those types of uses, and what it boiled down to was the

10:51:21 first three ages of the June 24th report with what

10:51:25 we identified, and we had a pretty broad array of

10:51:29 people.

10:51:29 We had neighborhood presidents and people from T.H.A.N.

10:51:32 We did have the Westshore alliance, attended, several

10:51:37 land use people that attended, businesses, and we also

10:51:42 had basic business interests, people that actually own

10:51:45 businesses that sold alcohol or anticipating it.

10:51:49 We took all the comments and compiled them into the

10:51:54 uses that were generally accepted, understanding once

10:51:56 again state law and how things are licensed, hotels of

10:52:02 100-plus rooms, things that are generally accepted and




10:52:05 anticipated in certain areas of the city, bowling

10:52:08 alleys have a special license from the state, package

10:52:11 sales have certain types of licenses, and that could be

10:52:13 allowed with certain conditions around the city,

10:52:16 treating bars, lounges and night clubs, which are

10:52:19 traditionally the ones that create the most concern,

10:52:23 the most issues that come before council on a regular

10:52:25 basis are those that relate to full alcohol sales,

10:52:29 drink specials and so on, those that you hear from all

10:52:32 different types of neighborhoods from around the city,

10:52:34 looking at treating bars, lounges and night clubs which

10:52:36 the principal use of that business is to sell alcohol.

10:52:40 Treating those as special uses that come before you,

10:52:42 really no matter where they are in the city, with the

10:52:44 exception of the downtown where there are some

10:52:47 limitations.

10:52:49 Some bars can go through administrative process.

10:52:51 When you cap the threshold of -- we had three per

10:52:56 block, and with certain occupant loads, then you would

10:53:00 come before council.

10:53:02 Special restaurant licenses.

10:53:04 The SRX license that the state issues.




10:53:08 Restaurants are also a big issue in certain areas of

10:53:09 the city.

10:53:13 What we have is anyone that can get an SRX with certain

10:53:16 conditions, certain closing times throughout the city,

10:53:19 no outdoor amplified music, looking at that as a

10:53:23 special permit.

10:53:24 And so on.

10:53:25 Distance separations.

10:53:26 (Bell sounds)

10:53:27 Sorry, I didn't mean to be so long. Anyway, these

10:53:30 recommendations are going to be included in the July

10:53:32 cycle, and I'm coming back today to answer any

10:53:36 questions that you had time over the last few weeks to

10:53:38 review it.

10:53:39 And I did receive an additional e-mail from Westshore

10:53:42 alliance just clarifying a couple of questions, and

10:53:45 this is from Ann Culick from a the Westshore alliance,

10:53:50 and she commented in her e-mail to me saying hopefully

10:53:53 council will keep moving the process along.

10:53:56 So I'll offer those items.

10:53:57 >>THOMAS SCOTT: Questions by council?

10:54:02 >>MARY MULHERN: Thank you, Mr. Chairman.




10:54:04 Ms. Coyle, I am just looking at Walter Crumbley's memo.

10:54:12 And can you address -- he has numbered 1, 2, 3, 4, what

10:54:19 he would like to see.

10:54:20 And I know you are meeting with other people and he's

10:54:24 not writing the code for us, but I would like to hear

10:54:27 your thoughts and if you are not, don't think that

10:54:36 these recommendations, number one was limiting

10:54:38 buildings to three or 4,000 square feet and

10:54:43 single-story, you know, and I don't want to take up a

10:54:47 lot of time right now, but maybe if you could just give

10:54:51 us a memo with your responses to those specific things,

10:54:56 and if you have already, you know, worked this out with

10:54:59 him or whatever, that's fine, too.

10:55:01 But just so that I can check those off as having been

10:55:06 addressed and where you have been on those.

10:55:10 And what you are recommending to us.

10:55:12 >>CATHERINE COYLE: I can follow up with a memo.

10:55:13 >>MARY MULHERN: That would be great.

10:55:15 Just those four.

10:55:15 It's a one-page memo.

10:55:17 So all you have to do is answer those four things, and

10:55:19 that would help.




10:55:21 >>CATHERINE COYLE: Okay.

10:55:22 Did you want me to address item 84 quickly as well by

10:55:30 Mr. Miranda?

10:55:31 Briefly I sent that the through to you earlier this

10:55:34 week.

10:55:35 And we did look at -- and I personally do recognize

10:55:38 that there are issues with recycling type facilities.

10:55:43 Our definitions for -- they are outdated.

10:55:46 They are a couple decades old.

10:55:48 And technology has changed.

10:55:49 Business interests changed.

10:55:50 Especially as businesses try to become greener, people

10:55:54 are recycling more materials.

10:55:56 I went through and there's a bunch of research that was

10:56:00 attached.

10:56:01 In the new process for use determinations, we are to

10:56:05 look at the North American industry classification

10:56:07 manual as well as the American planning association

10:56:10 land use-based standards to look at how uses are

10:56:14 treated nationally and even internationally.

10:56:21 We did find that we were pretty much in line as far as

10:56:21 the use classification as far as material, recycling




10:56:27 type facilities.

10:56:28 However, where they are placed in our code as far as

10:56:30 what districts they are allowed in, we were

10:56:34 overrestricting them to some degree.

10:56:36 So what you see in front of you is having recovery

10:56:41 facility in IG and recycling nonhazardous materials and

10:56:45 goods, add permitted uses in IG and industrial general

10:56:50 district with certain conditions.

10:56:52 And these conditions are just briefly with material

10:56:55 recovery facility, that is typically the general

10:56:58 household goods that are recycled -- bottles, cans,

10:57:03 paper, glass.

10:57:04 And we did add including scrap metal, tubing and

10:57:07 wiring.

10:57:08 What happens is that particular type of material

10:57:10 doesn't really have a home in what we do in our code

10:57:13 currently, so I do want to include those materials

10:57:16 based on the research that was done.

10:57:18 Including a minimum lot area 10,000 square feet which

10:57:21 is typically a commercial general lot area, open

10:57:27 storage and he processing areas that are not entirely

10:57:30 in enclosed buildings, do have to be screened and




10:57:35 buffered appropriately, but if you are within 500 feet

10:57:38 of a zoning district that you start your operation

10:57:41 between seven and seven on Sunday through Thursday and

10:57:45 seven and nine Friday and Saturday.

10:57:47 These operations do generate a certain amount of noise.

10:57:49 So there is some consideration, just as we do with

10:57:53 crematoriums a couple of years ago, that had a 500-foot

10:57:57 separation from residential.

10:57:58 Recycling nonhazardous does include dismantling of

10:58:04 wrecked or inoperative vehicles.

10:58:05 The difference between that and a junk yard, a typical

10:58:09 junk yard or salvage yard or scrapyards is that these

10:58:11 people will not be storing them on their property for

10:58:14 any length of time longer than six months.

10:58:17 A junkyard facility, which is only in industrial heavy,

10:58:20 heavy industrial type district, you can store those

10:58:24 types of equipment forever, essentially, with minor

10:58:29 conditions.

10:58:30 So this is essentially processing those materials,

10:58:34 processing those wrecked vehicles, carving them up,

10:58:37 packaging them up and shipping them off, which we found

10:58:40 when we researched this, and found we visited a lot of




10:58:43 these sites, that is something that is occurring,

10:58:46 especially in Drew Park and other parts of the city and

10:58:49 industrial lands where there just isn't a home for it

10:58:53 other than industrial heavy, and we have very limited

10:58:56 industrial heavy lands in the city.

10:58:58 Industrial general is a little more prevalent.

10:59:01 However, when compared to the county and other

10:59:03 jurisdiction as round the state, we are a little more

10:59:07 overrestrictive than a lot of the other places so we

10:59:10 felt this was a good balance with these additional

10:59:13 conditions and we are going to be including this in the

10:59:15 July cycle for consideration based on the motion made

10:59:18 by council and the research that was done.

10:59:20 We also did receive comments from the Drew Park

10:59:24 advisory committee, from the CRA, and from TIA, Tampa

10:59:28 International Airport.

10:59:29 They had no objection to the changes as well.

10:59:32 With that, before I take any questions, I wanted to put

10:59:37 it out there that I am hoping to go ahead and schedule

10:59:40 the text amendment workshop on October 28th, if

10:59:43 possible, to go over these and the additional changes

10:59:45 in the cycle.




10:59:46 So before I conclude, I would ask for that as well.

10:59:49 >>CHARLIE MIRANDA: Thank you.

10:59:51 I really am appreciative of the work you have done.

10:59:54 This is Yeoman's work with your staff and legal

10:59:57 department to put all these together in a short period

11:00:01 of time.

11:00:02 I would like to thank you again.

11:00:06 And I just received this.

11:00:08 Maybe it was sent out earlier, but we have been gone

11:00:10 for two weeks, and I really haven't digested everything

11:00:13 here, and I don't think that the Drew Park committee --

11:00:18 have they had a meeting on this yet?

11:00:19 >> Yes.

11:00:20 >> They had a meeting on this already?

11:00:22 >> There was a meeting to discuss the what we were

11:00:26 going to put forward, not the exact language, and they

11:00:28 did give us the comment which is included in the

11:00:30 packet.

11:00:30 >> I saw -- I used to live on Sanchez street.

11:00:39 But it's -- if we are going to have further discussion,

11:00:44 I'm not opposed to passing whatever we have to do today

11:00:46 to receive this report, and then bring it up to, when,




11:00:52 October 28th?

11:00:53 >>MARTIN SHELBY: I'm sorry, if I can interrupt.

11:00:55 I apologize.

11:00:56 But the calendar has been amended because the CRA date

11:00:59 had to be shifted with the workshop dates.

11:01:01 So City Council workshop is now the morning of the

11:01:03 14th of October.

11:01:06 >>CHARLIE MIRANDA: So that would then be October

11:01:09 14th it would come back and I'm sure all the

11:01:11 parties would be in a settlement state by then.

11:01:16 >>CATHERINE COYLE: As with our normal process I do hold

11:01:18 additional information workshops here off-night of City

11:01:21 Council, and I invite all the same people that are on

11:01:23 the list Americans with Disabilities Act Miranda again

11:01:26 I'm sure that council is very appreciative of you and

11:01:28 your staff and the work you have done in a short period

11:01:30 of time.

11:01:31 We are very appreciative.

11:01:33 >>MARTIN SHELBY: Would council wish to set that

11:01:36 hearing now?

11:01:37 There is a workshop at 9 a.m. to discuss possible

11:01:41 revisions to the news rack -- Miranda Americans with




11:01:44 Disabilities Act I would imagine we are going to do

11:01:46 that.

11:01:46 >>MARTIN SHELBY: Well, it would be appropriate for you

11:01:48 now to do that.

11:01:50 >>CATHERINE COYLE: That's what I'm asking.

11:01:51 9:30.

11:01:53 >>CHARLIE MIRANDA: Maybe a council member wants to

11:01:55 speak before I set the hearing.

11:01:56 >>THOMAS SCOTT: Other questions by council?

11:01:58 >>CHARLIE MIRANDA: I move that we have this continued,

11:02:00 brought back on October 14th of the year 2010 at

11:02:05 10:30 in the morning.

11:02:07 >>CATHERINE COYLE: If I could, not continued, I'm

11:02:10 asking for the workshop --

11:02:12 >>CHARLIE MIRANDA: The workshop on the subject matter

11:02:13 for workshop on 10-14 of 2010.

11:02:18 >>MARTIN SHELBY: 9:30 in the morning?

11:02:20 >>CHARLIE MIRANDA: 9:30 is fine.

11:02:23 >>THOMAS SCOTT: Moved and seconded.

11:02:24 All in favor signify by saying Aye.

11:02:26 Opposes?

11:02:27 >>MARTIN SHELBY: And that's for the entire text




11:02:29 amendment cycle?

11:02:30 Thank you.

11:02:32 >>CATHERINE COYLE: Right.

11:02:32 >>THOMAS SCOTT: So no additional action to be taken

11:02:34 up, Ms. Coyle, on items 80 and 81?

11:02:41 >>CATHERINE COYLE: That's correct.

11:02:41 That's just reporting back.

11:02:43 Alcohol beverage regulations will be included in that

11:02:45 cycle, to consider them at length through the workshop

11:02:48 process.

11:02:51 >>THOMAS SCOTT: Okay.

11:02:53 82.

11:02:57 Item 82?

11:03:01 >>MARK HUEY: Economic development administrator.

11:03:04 Good to be with you this morning, honorable council

11:03:06 members.

11:03:07 I was here to provide an update on the efforts of many

11:03:13 parties to see if a portion of the property we know as

11:03:16 Georgetown might be preserved for passive public use in

11:03:21 the future.

11:03:22 As you are aware, with the Georgetown property located

11:03:25 off of Westshore Boulevard, has very attractive




11:03:30 waterfront.

11:03:32 It was formerly an apartment community.

11:03:35 It has not operated in that way for quite some time.

11:03:37 Now all of those buildings have been demolished.

11:03:40 It is in the hands of a private developer that acquired

11:03:44 it last year.

11:03:45 We have been working with a number of parties, most

11:03:50 particularly the ELAPP program at Hillsborough County

11:03:53 and the trust for public lands which is a national

11:03:56 nonprofit that works with communities around the

11:03:58 country to help accomplish goals like we are trying to

11:04:02 accomplish here.

11:04:04 And they have helped the city in previous matters

11:04:07 The current status of the negotiations -- and we are

11:04:11 not first parties to the negotiations.

11:04:15 Those negotiations are occurring between ELAPP, the

11:04:19 trust for public land, and the private property owner.

11:04:23 They are working through various appraisals to

11:04:26 negotiate a potential for mutually agreeable sale

11:04:33 price.

11:04:34 Those discussions are ongoing.

11:04:36 Beyond the sales price, there are many other matters of




11:04:40 access and so forth that our Parks Department have been

11:04:45 very involved in supporting, the team at the county

11:04:50 managed the ELAPP program and working on.

11:04:54 All I can say at this point is all the parties I

11:04:57 believe are working very hard to accomplish our goal,

11:04:59 and we should know over the course of the summer as to

11:05:01 whether we will be successful.

11:05:03 >>MARY MULHERN: I think that helps, but I would like a

11:05:12 little more -- is there a contract, or is there an

11:05:19 agreement between the developer and ELAPP and the trust

11:05:23 for public land already, and they are just negotiating

11:05:26 price?

11:05:28 I thought that the trust had already secured the land,

11:05:34 or had some kind of commitment.

11:05:36 >>MARK HUEY: The trust has an option with the

11:05:40 developer, the owner of the property, but the ELAPP

11:05:45 program does not yet have a contract in place with the

11:05:48 trust for public lands who hold the option.

11:05:52 So there is not a contract in place.

11:05:56 That's what's being negotiated.

11:05:58 And it's part of that as well as other terms relating

11:06:04 to the future development of the park.




11:06:05 >>MARY MULHERN: I know when this was announced, it was

11:06:09 the mayor who announce it.

11:06:10 So you're saying our Parks Department is working with

11:06:15 them, with the ELAPP on this?

11:06:19 >>MARK HUEY: Oh, yes.

11:06:19 >>MARY MULHERN: This is my big concern, and I'm sure

11:06:22 my colleagues are going to agree with me on this, that

11:06:25 we need to make sure that that waterfront portion of

11:06:28 that property is what becomes public land.

11:06:31 >> Yes, that is what is being contemplated.

11:06:35 >> I know it's being contemplated but it scares me that

11:06:42 it could be ---become, you know, developed as opposed

11:06:47 to when you look at that portion.

11:06:52 I want the public to end up with the piece on the

11:06:54 water.

11:06:54 >>MARK HUEY: That's our goal.

11:06:56 That's our goal.

11:06:58 Again, a private landholder holds the property, and

11:07:02 it's a free market, and there's negotiating process

11:07:05 that's underway.

11:07:06 So I don't want to overrepresent to whether or not it

11:07:10 will happen.




11:07:11 I can just at this point say that I believe all the

11:07:14 parties are working very hard to try to make it happen.

11:07:16 >>THOMAS SCOTT: Thank you.

11:07:22 Item 83 has been continued to August 5th.

11:07:25 Item 85 has been continued to August 5th.

11:07:30 So the last item on the agenda is item 86.

11:07:34 And that item is a motion to correct the dates for the

11:07:38 budget public hearing.

11:07:46 That sets the date for Tuesday, September 14 at 5:01

11:07:52 and Tuesday September 28 at 5:01, the correct dates.

11:07:55 So we need to take action on that?

11:07:58 >>MARY MULHERN: I am going to move agenda item number

11:08:00 86.

11:08:04 >> Second.

11:08:04 >>THOMAS SCOTT: Moved and seconded.

11:08:07 All in favor?

11:08:08 Opposes?

11:08:08 Okay.

11:08:08 Then new business?

11:08:12 Councilwoman Mulhern?

11:08:13 >>MARY MULHERN: Thank you, Mr. Chairman.

11:08:16 I have a couple things, perhaps resolutions I would




11:08:21 like to propose.

11:08:22 But I need to give a report first.

11:08:26 The first thing I want to suggest to council and ask if

11:08:32 council agrees with this resolution that it be brought

11:08:37 back at our next meeting.

11:08:42 I'm going to start with -- we held a workshop.

11:08:47 I call it a workshop/discussion meeting back in June, I

11:08:51 think, to discuss the high-speed rail plans.

11:08:57 And Kevin Thibault, who is the Florida Rail Enterprise

11:09:03 interim director came and spoke to us and we had a lot

11:09:06 of people here.

11:09:07 Councilman Caetano and I were here.

11:09:09 I believe you were on vacation, or you were out of

11:09:12 town, and Mr. Miranda wasn't able to attend.

11:09:16 The four of us were here.

11:09:17 And Linda Saul-Sena was hear.

11:09:22 What I learned from that, and also from attending the

11:09:25 super regional conference back in -- I don't know if it

11:09:29 was May or June where the U.S. secretary of

11:09:32 transportation, Ray LaHood, spoke, was that there was

11:09:41 at that time federal money dedicated to -- and we all

11:09:45 know this, that there was a big federal stimulus grant




11:09:48 for 1.25 billion awarded to Florida for the Orlando to

11:09:53 Tampa leg of the train.

11:09:56 What I since learned is that although the Tampa

11:10:00 International Airport is not currently part of that

11:10:04 plan, there is still the possibility of asking for

11:10:08 that.

11:10:10 I would like to point out for one thing that of that

11:10:13 1.25 billion, the five stops that have been approved,

11:10:18 one of them is in Polk County, Lakeland area, and that

11:10:24 has not even been determined exactly where that's going

11:10:28 to be.

11:10:28 So I'm giving this as background because people have a

11:10:32 perception that it's too late for to us ask for a stop

11:10:36 at the airport, when in reality I don't think that that

11:10:40 is necessarily true.

11:10:42 So I was in favor of this.

11:10:44 And I have been speaking in favor of it since we heard

11:10:47 that we were getting light rail, or high-speed rail

11:10:50 money.

11:10:52 In the meantime, right before we broke, on June

11:10:57 28th, the federal government announced that there

11:11:00 was a new competitive grant for 2.1 for high-speed rail




11:11:10 only, a competitive grant.

11:11:12 So now there's more money than when we had our workshop

11:11:15 available that we could request an additional line or

11:11:20 an additional stop to go from downtown Tampa to the

11:11:23 Tampa International Airport.

11:11:25 The reason that I think this is important is because,

11:11:30 for one thing, it's the hugest infrastructure

11:11:32 development that we have had in decades, and the

11:11:35 federal government is making this money available out

11:11:41 of our federal tax dollars, and if we don't apply for

11:11:44 it, it's going to go somewhere else.

11:11:47 And, you know, the possibilities of where that are

11:11:50 going to go, possibly Miami, who is already getting a

11:11:53 stop.

11:11:54 Miami and Orlando are both getting airport stops in the

11:11:58 high-speed rail in Tampa -- and Tampa is not at this

11:12:02 point.

11:12:02 So what I would like to ask is that this council -- and

11:12:08 the reason I'm bringing it up now, even though we have

11:12:11 a small council and we are missing two members, is that

11:12:13 this competitive grant is due.

11:12:18 FDOT needs to submit it in August.




11:12:20 So we don't have time.

11:12:23 If we want to say that we support it, which I don't

11:12:25 know if people do or not.

11:12:27 I'm just saying that I do and hoping that you will --

11:12:31 we need to do that now.

11:12:32 So the resolution I would ask council to adopt, after

11:12:40 Mr. Shelby has a chance to write it, would be to

11:12:43 support the Florida Department of Transportation's

11:12:50 application for the federal grant money -- for federal

11:12:56 grant money for a high-speed rail station at Tampa

11:13:00 International Airport.

11:13:02 So I'm just throwing it out there.

11:13:03 I don't know how you all feel about it.

11:13:05 >>THOMAS SCOTT: Councilman Miranda?

11:13:09 >>CHARLIE MIRANDA: I think it's not how we feel about

11:13:11 it.

11:13:11 I think the facts are there to exam.

11:13:15 How do have a high-speed rail from point A to point B

11:13:19 and point B you have a stop at a location and then

11:13:21 another stop at an airport, a good airport, let me say

11:13:26 that, but in point A being Tampa International Airport,

11:13:29 you do not.




11:13:30 So if you are going to travel from point B to point A,

11:13:33 you are going to drop off somewhere else other than

11:13:35 between A and B, and you are going to have to catch

11:13:39 some other form of transportation.

11:13:42 That doesn't make logical sense.

11:13:44 So I support the intent of the motion of Ms. Mulhern to

11:13:48 ask that it be continued to the Tampa International

11:13:51 Airport.

11:13:52 It would only make logical sense that -- and I'll

11:13:57 mention the city -- if Orlando is going to have it,

11:13:59 what are we, a stepchild to Orlando?

11:14:02 I mean, I may not have Mickey Mouse ears but I have a

11:14:07 lot to offer the City of Tampa, and it's incumbent upon

11:14:12 us to make sure at least we have that opportunity to

11:14:16 see that equality and fairness is applied across the

11:14:18 board.

11:14:18 >>THOMAS SCOTT: And I agree with that wholeheartedly.

11:14:23 In fact it should have been in the original plan.

11:14:25 I mean, let's look at it.

11:14:28 There's no way in the world you are going to travel

11:14:30 from a Orlando to downtown Tampa and stop and that's

11:14:32 it.




11:14:35 So let's be realistic.

11:14:36 I am going to leave Orlando and come to downtown Tampa,

11:14:41 at least it ought to have a stop at the airport so I

11:14:43 can fly back out of Tampa.

11:14:45 So therefore you are putting the airport at a

11:14:47 disadvantage here for the City of Tampa.

11:14:51 Also, tourism, the additional advantage of the City of

11:14:55 Tampa.

11:14:56 And we look at it, which is interesting that you had a

11:14:59 high-speed rail that leaves from the airport in

11:15:01 Orlando, stops at the convention center, which is

11:15:04 really right down the street, almost becomes a commuter

11:15:07 rail, really, and then it makes another stop at Disney,

11:15:11 which is across the street, you know.

11:15:15 It's unbelievable.

11:15:16 And yet we get one stop in Tampa?

11:15:19 So I support it 100 percent.

11:15:22 I also want to encourage the administration, the mayor,

11:15:25 because you know and I know if the mayor says we want a

11:15:29 stop at the airport, FDOT is going to listen to that,

11:15:32 and they are going to listen to this council as well.

11:15:34 And I think the more of us that say that, as I said




11:15:39 earlier, we are working together for this community,

11:15:41 just like we did parks and rec.

11:15:43 It's important for us to be unified, that they will

11:15:46 listen, and they will make that become a reality.

11:15:50 So I support the motion.

11:15:52 I support the second by Mr. Miranda.

11:15:54 And I believe we are going to have a third and a

11:15:57 fourth.

11:15:59 >>JOSEPH P. CAETANO: Mr. Chairman, I was at that

11:16:01 meeting.

11:16:02 And I did get a number of calls at my office about

11:16:09 having the high-spied rail go to the airport.

11:16:12 And I think the problem was brought up was evidently

11:16:15 the speed that thing needs to generate in order to

11:16:17 be -- but I think we need to study it, and make it

11:16:22 happen.

11:16:22 >>THOMAS SCOTT: Even with that, that's why it's

11:16:27 irrational, because Orlando airport, or convention

11:16:32 center, you are going to be there visiting.

11:16:35 In fact, from downtown from the convention center to

11:16:41 Disney.

11:16:42 >>CHARLIE MIRANDA: As a matter of fact the first three




11:16:45 stops are sponsored by UPS.

11:16:50 [ Laughter ]

11:16:53 >>MARY MULHERN: I just want to say one thing because

11:16:55 I'm so thrilled that you are agreeing with me, because

11:16:58 this is such a great opportunity for us, and we just

11:17:01 can't miss out on it.

11:17:02 I mean, when are there going to be billions of dollars

11:17:08 to build our economy?

11:17:11 And short term jobs and long-term to put Tampa

11:17:15 international on the map as a global transportation

11:17:17 hub.

11:17:20 One argument that I think Mr. Caetano brought up about

11:17:24 the curve, I think Chairman Scott already answered that

11:17:28 and the fact that the stops in Orlando -- it is a

11:17:32 longer distance because I looked it up.

11:17:34 It's about 14 miles between the three stops in Orlando

11:17:40 each.

11:17:41 And I think it's about eight miles from downtown to the

11:17:46 airport.

11:17:46 But the reality is, it's high-speed rail if you have

11:17:49 the distance to get out to that.

11:17:52 So Orlando essentially is using this as regional or




11:17:56 local rail.

11:17:59 And in an ideal world, we would have high-speed rail

11:18:02 going from downtown to downtown.

11:18:04 That's not happening.

11:18:05 So we need to adjust our planning to the funding we

11:18:10 have in the real world.

11:18:11 And the other thing I really want to highlight is that

11:18:14 this is not new tax dollars.

11:18:17 This is the money that we are paying in our federal

11:18:20 taxes now, which is going to be allocated, and it's

11:18:25 going to go to California or Miami.

11:18:28 And Miami is getting an airport stop, too.

11:18:30 So I'm sure from their airport to whatever the next

11:18:32 stop in Miami is, that's not going to be a long

11:18:35 distance.

11:18:36 So I don't believe that argument hold water.

11:18:40 And the other idea that you need this huge area of land

11:18:43 for the curve, you only need that if the train is

11:18:46 getting up to highest speeds.

11:19:08 But we know won't be getting up to high speeds.

11:19:10 >>THOMAS SCOTT: There's a motion by Councilwoman

11:19:10 Mulhern, seconded by councilman Miranda.




11:19:11 All in favor signify by saying Aye.

11:19:12 Opposes?

11:19:12 >>MARTIN SHELBY: And that will be on the next agenda,

11:19:13 June 25th.

11:19:14 >>MARY MULHERN: I have another resolution that I want

11:19:15 to suggest on transportation, also.

11:19:16 After all the years, the most recent years that Hart

11:19:18 and the MPO has been working on the light rail plan,

11:19:23 just in the last few months, Hart decided that they

11:19:27 wanted to add an airport stop for light rail.

11:19:34 They are having a meeting -- their next meeting on

11:19:37 Monday, and we don't have a representative on Hart now

11:19:40 because councilman Dingfelder was on there and is gone

11:19:44 now.

11:19:44 But they are going to discuss -- and I think vote on --

11:19:51 whether to add a light rail stop to the light rail

11:19:56 plan.

11:19:59 And I just want to say that I am in support of that,

11:20:03 because we are talking about multimodal transportation

11:20:08 in two different systems here.

11:20:09 So the voters are going to decide whether they want to

11:20:13 fund the light rail plan, but I think for the economic




11:20:20 benefit of City of Tampa, again, the airport is an

11:20:25 important stop.

11:20:29 And it's not an either or proposition whether we have a

11:20:35 high speed or light rail stop at the airport.

11:20:41 We know we are getting light rail.

11:20:43 If the voters do approve light rail, I would like to

11:20:45 see it.

11:20:46 And I think a lot of people have been waiting to see

11:20:49 the airport added.

11:20:52 So I will offer that for discussion.

11:20:55 I don't know if we want to support that or not.

11:20:57 >>THOMAS SCOTT: Yes, I'm a little confused by that

11:20:59 because it's my understanding there's always been a

11:21:01 stop, and I can tell because I was on the aviation

11:21:05 board for five years.

11:21:06 They have in their master plan a stop at the airport.

11:21:09 And it's my understanding going back to the plan when I

11:21:12 was on the county commission, there was a stop

11:21:14 downtown, you know, going to Westshore to the airport.

11:21:19 And maybe that's changed.

11:21:20 But I understand that has always been the plan.

11:21:22 >> In the long-range plan there is.




11:21:25 But I think what they are discussing now is whether the

11:21:29 resolution in November, the alignment, whether the

11:21:35 funding, if it passes, will fund -- I think it's just

11:21:43 an extension.

11:21:44 I'm not really sure about it.

11:21:45 So maybe we shouldn't -- I think right now, the

11:21:50 alignment that they are discussing that people believe

11:21:52 is part of the transportation referendum, the penny

11:21:57 sales tax, is to go from USF to -- where does it go,

11:22:03 downtown?

11:22:06 >>CHARLES FLETCHER: Mr. Chairman, I'm not familiar

11:22:07 with the what you reference, but the point of the

11:22:11 process is the Turner analysis and Hart is going

11:22:15 through that process, and the current discussions

11:22:17 whether to include in that what would ultimately be the

11:22:20 application to the federal transit administration,

11:22:24 whether to include these additional legs, and my

11:22:28 understanding is that the airport is one of them.

11:22:30 I believe there's some other discussion about where

11:22:34 they terminate at the other end from the

11:22:36 Westshore/airport area through downtown up to USF and

11:22:40 possibly north of USF.




11:22:42 So that's the discussion that they are having.

11:22:46 It's contingent on passage of the referendum so we'll

11:22:50 have the local match, but once they complete the

11:22:53 alternative analysis, will be the basis for the

11:22:55 application to the FTA.

11:22:56 >>MARY MULHERN: Thank you.

11:22:59 So that's what we are talking about, in the alternative

11:23:05 analysis so if council wants to support that I would

11:23:07 make that motion, partly because I want to clarify to

11:23:10 people that supporting and using the available federal

11:23:14 tax dollars for a high-speed rail stop at the airport

11:23:18 does not mean that we are not supporting light rail

11:23:23 connection.

11:23:24 >>THOMAS SCOTT: Again I support the motion, but again I

11:23:25 thought, again, when I was on the task force that they

11:23:29 were going to look at the analysis going from north

11:23:33 Tampa, university area, to downtown, to Westshore, to

11:23:38 the airport.

11:23:38 I thought that was the study of the leg.

11:23:43 If that has changed, yes, I support resolution, but

11:23:46 that's my understanding, that is what was supposed to

11:23:49 be done.




11:23:50 >>MARY MULHERN: But they weren't doing that until a

11:23:52 couple of weeks ago.

11:23:53 >> I'll second the motion.

11:23:56 >>MARY MULHERN: Or they are going to decide to Michael

11:23:58 alternative --

11:24:00 >>THOMAS SCOTT: So they made some changes.

11:24:01 Okay.

11:24:02 That's the motion.

11:24:02 >>MARTIN SHELBY: For the clerk's purpose if we could

11:24:04 have it restated.

11:24:06 Is it the intent of the maker of the motion to have it

11:24:08 brought back for a written resolution on the July 29

11:24:11 meeting?

11:24:12 >> The resolution will be that they look at the

11:24:16 analysis and the leg to the airport.

11:24:17 >>MARTIN SHELBY: The alternative analysis?

11:24:22 Is that what it is?

11:24:24 I'll work with you on this.

11:24:25 >>MARY MULHERN: Yes, we'll work it out.

11:24:27 I think we can just be general about it.

11:24:29 But we are supporting the --

11:24:32 >>THOMAS SCOTT: We can get the language.




11:24:33 >>MARY MULHERN: We'll figure it out.

11:24:35 >>CHARLES FLETCHER: Come up with the right language

11:24:41 and incorporate the process.

11:24:44 >>THOMAS SCOTT: Moved and seconded.

11:24:45 Yes, sir?

11:24:47 Moved and seconded.

11:24:48 All in favor?

11:24:50 Opposes?

11:24:50 Okay.

11:24:50 Anything else, Councilwoman?

11:24:53 >>MARY MULHERN: Hopefully, in the Tribune this

11:24:57 weekend, I wrote an opinion piece on having a

11:25:01 high-speed rail stop at the airport.

11:25:03 So just wanted to tell people to watch for that.

11:25:07 >>THOMAS SCOTT: Councilman Miranda.

11:25:11 New business.

11:25:11 >>CHARLIE MIRANDA: I'm going to be quiet today, sir.

11:25:15 >>THOMAS SCOTT: All right.

11:25:15 Okay.

11:25:16 >>JOSEPH P. CAETANO: Mr. Chairman, I would like to GTE

11:25:20 get a commendation sent to either Clear Channel or

11:25:23 whoever dedicated their digital signs for the wanted




11:25:28 posters that they put up.

11:25:29 I don't know who owns those signs.

11:25:31 But I think they did a public service.

11:25:33 I know I spotted it on I-4 a couple days after this

11:25:38 happened, the shooting of the two police officers.

11:25:41 And I think they deserve some credit.

11:25:43 I know the mayor told me they are dedicating some of

11:25:46 their signs to promote the riverwalk and different

11:25:49 things downtown.

11:25:49 >>CHARLIE MIRANDA: Second.

11:25:54 >>JOSEPH P. CAETANO: I make that a motion.

11:26:06 >>THOMAS SCOTT: You want to present that when?

11:26:08 >> First we have to find out who the sign owners are.

11:26:12 >>CHARLIE MIRANDA: It's Clear Channel.

11:26:13 >>THOMAS SCOTT: Let's do that the first week in August

11:26:16 maybe.

11:26:18 Okay.

11:26:20 Moved and seconded.

11:26:21 All in favor signify by saying Aye.

11:26:23 Opposes?

11:26:24 Anything else?

11:26:27 Council, anything else?




11:26:28 Thank you.

11:26:29 I have two items.

11:26:30 One is, I would like to request a commendation on July

11:26:34 29th for Moffitt cancer center and the Tampa Bay

11:26:37 Rays in support of the project.

11:26:45 >> So moved.

11:26:50 Commissioner Scott made the motion.

11:26:53 I'm his agent.

11:26:55 I made the motion.

11:26:56 >>MARY MULHERN: I'll second.

11:26:58 >>CHARLIE MIRANDA: Carried.

11:27:01 All in favor of the motion say Aye.

11:27:03 Motion passes unanimously.

11:27:04 >>THOMAS SCOTT: The other one is, and I assume you all

11:27:07 got a copy of this from the administration from chief

11:27:10 of staff Darrell Smith.

11:27:11 This is relative to the discussion we had about on June

11:27:16 26th about sending a letter on behalf of the

11:27:21 council by the mayor to visit the issue raised by Fred

11:27:24 Hearns at the 22nd budget meeting and we requested that

11:27:27 on the 22nd of July that the administration provide a

11:27:30 full report regarding said matter.




11:27:32 And that administration and the legal department is

11:27:35 requested to appear before council and provide a report

11:27:39 regarding what the mayor is planning, and to also

11:27:41 explain the legal economic ramification if the position

11:27:45 is eliminated.

11:27:46 So the motion carried with councilman Miranda being

11:27:49 absent.

11:27:50 So the question is, according to the Darrell Smith,

11:27:54 that the mayor sent a memo out July 8th, and he

11:28:00 believes that may suffice and we want to remove that

11:28:03 from the agenda.

11:28:04 So I need to hear from council on that.

11:28:08 What is your pleasure on that?

11:28:10 >>MARY MULHERN: I don't know.

11:28:19 I'm fine with removing it from the agenda.

11:28:21 I mean, they are basically saying they are not going to

11:28:23 change their plan.

11:28:25 So I don't know.

11:28:27 Unless other people want to still hear a report.

11:28:29 >>CHARLIE MIRANDA: And no further motion on it.

11:28:38 >>THOMAS SCOTT: Other than when we have our budget.

11:28:42 He wants the budget presented.




11:28:44 It becomes your budget.

11:28:46 >>CHARLIE MIRANDA: I understand that.

11:28:47 >>THOMAS SCOTT: I mean, we don't have to hear it.

11:28:49 I'm just saying --

11:28:51 >>MARY MULHERN: Someone needs to bring that up at the

11:28:53 budget hearing.

11:28:54 Maybe what we can do is ask the budget advisory

11:28:58 committee to look into this.

11:29:01 >>THOMAS SCOTT: That's fine.

11:29:02 >>MARY MULHERN: And then make a recommendation to us.

11:29:03 >> Is it the pleasure of council in response to that

11:29:11 motion to remove that second part of the workshop,

11:29:13 because the first part at 10:00 remains discuss the

11:29:16 2011 budget with departmental representatives.

11:29:19 The second part of that, as I understand it, is that

11:29:21 motion to have the administration appear and provide

11:29:23 the report.

11:29:25 The budget workshop is still scheduled for the 22nd.

11:29:29 Is that correct?

11:29:31 I think so.

11:29:31 Then the motion would be just to remove that.

11:29:33 >>THOMAS SCOTT: We are just moving this item, that's




11:29:36 all.

11:29:37 So the motion to remove this item.

11:29:38 >>MARY MULHERN: So moved.

11:29:40 >>MARY MULHERN: Second.

11:29:41 >>THOMAS SCOTT: All in favor signify by saying Aye.

11:29:44 We are still having the workshop.

11:29:46 And this can be further discussed later.

11:29:51 Anything else need to come before council?

11:29:55 I want to thank council today for your cooperation and

11:29:58 support, and our unanimous vote today.

11:30:02 We made history.

11:30:04 We made history today.

11:30:06 Let the record reflect.

11:30:08 We are getting out early before 11:30.

11:30:12 We voted unanimously on having that came before us.

11:30:14 Not one abstention.

11:30:17 So thank you very much.

11:30:21 >>CHARLIE MIRANDA: Move to receive and file the

11:30:22 documents received today and prior to this hearing

11:30:25 through the clerk's office regarding the items on the

11:30:27 agenda.

11:30:27 >>MARY MULHERN: Second.




11:30:29 >>THOMAS SCOTT: All in favor?

11:30:31 Yes?

11:30:32 >>MARY MULHERN: I'll be curious to see if we have

11:30:34 unanimous votes the next time we get together.

11:30:36 >>THOMAS SCOTT: Well, we meet on Monday.

11:30:40 I want to say Monday at 9:00 you cannot be absent.

11:30:42 If you are sick you have got to come.

11:30:44 [ Laughter ]

11:30:45 On Monday at 5:00.

11:30:50 >>MARY MULHERN: I am going to be here as opposed to at

11:30:51 the high-speed rail meeting, or the Hart meeting.

11:30:55 So I'll be here.

11:30:56 >>THOMAS SCOTT: Yes, we will be here.

11:30:59 We still have this meeting that we have to be here.

11:31:03 Yes, sir.

11:31:03 >>> The other point was reminder to council of course

11:31:08 but the public that there was a special called meeting

11:31:10 beginning Monday at 9 a.m. for the interview and

11:31:13 selection of the applicants for City Council.

11:31:15 >>THOMAS SCOTT: Yes, there are 66 applicants.

11:31:18 So on Monday.

11:31:22 Anyone from the public wish to address council?

11:31:24 Anyone from the public?

11:31:25 Okay.

11:31:26 Seeing none then we stand adjourned.

11:31:28 Thank you, council.

11:31:29 (Meeting adjourned)


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