Tampa City Council
Thursday, October 3, 2013
9:00 a.m. session
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09:02:49 >> CHAIRMAN CHARLIE MIRANDA: City Council is called to
09:05:37 The chair yields to Ms. Mary Mulhern.
09:05:41 >>MARY MULHERN: It's my pleasure this morning to introduce
09:05:44 Reverend Nicole Partin of Palma Ceia Presbyterian church to
09:05:48 give our invocation.
09:05:49 Please stand for the prayer and the pledge of allegiance.
09:05:53 >> Please join me in our invocation.
09:06:00 Almighty God, thank you for the gift and beauty of this new
09:06:04 We ask that you would bless the communities we live within
09:06:07 and particularly the City of Tampa.
09:06:10 Help us to be good stewards of the vast resources of this
09:06:13 corner of the world.
09:06:15 May honest industry and sound learning mark our communal
09:06:18 lives, that together we will be a public witness to the
09:06:22 value and treasure found in community.
09:06:24 Save us from violence, discord and confusion, from pride and
09:06:29 arrogance and from every evil way.
09:06:32 As this council begins their business, we stop and pray for
09:06:34 all those who hold office in the government of this city,
09:06:38 that they may do their work in a spirit of wisdom, kindness
09:06:42 and justice.
09:06:43 Help them to use their authority to serve faithfully and to
09:06:47 oh promote the general welfare of the people.
09:06:50 Infuse the council with passion and imagination and give to
09:06:53 them the wisdom to balance compassion and talent.
09:06:57 We pray too, O God, for all in our community who are
09:07:00 impacted by the federal government shutdown.
09:07:03 We acknowledge the adverse effects that this may have on
09:07:07 many of our families and on our local economy.
09:07:09 We ask for wisdom and discernment for all elected officials
09:07:13 and all who hold power.
09:07:18 Guide each of us to be God citizens of this city and nation
09:07:20 helping us to respect neighbors whose views are different
09:07:25 than ours so we may work out that which divide us.
09:07:29 In your holy name we pray.
09:07:32 [ Pledge of Allegiance ]
09:07:45 >>CHARLIE MIRANDA: Roll call.
09:07:54 >>MIKE SUAREZ: Here.
09:07:59 >>FRANK REDDICK: Here.
09:08:00 >>MARY MULHERN: Here.
09:08:01 >>HARRY COHEN: Here.
09:08:04 >>CHARLIE MIRANDA: Here.
09:08:10 Ceremonial activities, item number 1 will be Mike Suarez.
09:08:16 Public works department.
09:08:16 >>MIKE SUAREZ: Thank you, chair.
09:08:20 Thank you, council.
09:08:22 Chair, I already knew you knew what was going on.
09:08:27 It's my pleasure to present our commendation to the fleet
09:08:30 maintenance division.
09:08:31 They were awarded the blue seal of excellence recognition
09:08:34 award, and this is an achievement as described in the
09:08:38 national institutes for automotive service excellence.
09:08:42 I'm sure you see that every time you get your car repaired.
09:08:46 Mr. Reddick was telling me his car is in the shop so
09:08:49 hopefully you have an ASC designated person fixing it for
09:09:06 They are a nonprofit organization, and dedicated to
09:09:09 improving the quality of vehicle repair and service by means
09:09:12 of voluntary testing and certification for automotive repair
09:09:16 and service professionals.
09:09:19 Our fleet maintenance employs 29 technicians of whom 27 hold
09:09:22 ASC certifications and nine are master certified
09:09:27 Fleet maintenance -- maintains an over all total of 186 ASC
09:09:33 This is the department's third consecutive year achieving
09:09:36 this prestigious status.
09:09:37 So please welcome me in recognizing our fleet maintenance
09:09:42 for this terrific honor.
09:09:46 [ Applause ]
09:09:47 Is this all you guys?
09:09:59 >> As far as we know.
09:10:00 >> Terrific.
09:10:00 >> We have got a winning team here.
09:10:11 And I think we have something here to support another
09:10:16 winning team.
09:10:20 [ Applause ]
09:10:27 >> Some couldn't be here, the guys that take care of the
09:10:31 public safety vehicles are hard at it and we want to
09:10:33 acknowledge the tremendous support that they provide not
09:10:35 only to the community but also to our first responders.
09:10:37 >> You know, we are kind of behind the scenes, and when you
09:10:46 think about it, just about every service that the city
09:10:49 provides to the citizens involves somebody getting in a
09:10:53 vehicle or getting on a piece of equipment at some point to
09:10:55 make stuff happen.
09:10:57 These are the guys and ladies who make that happen.
09:11:02 >>MARY MULHERN: That's wonderful but I need your name for
09:11:04 the record.
09:11:05 >> Berry.
09:11:11 >> Thank you, guys.
09:11:13 We are appreciative of everything you do.
09:11:16 I know it's a big task, many different vehicles and makes.
09:11:20 We try to get them to some type of a process.
09:11:23 We even have just about the same makes and models every year
09:11:26 but you guys and lady do an outstanding job.
09:11:28 And look how fast government is going.
09:11:30 We went from a gold seal to a blue seal.
09:11:35 Thank you all very much.
09:11:35 >> Thank you very much.
09:11:38 We really appreciate it.
09:11:48 >>CHARLIE MIRANDA: Item number 2, Tampa's finest, water
09:11:52 Only one.
09:11:52 >>MIKE SUAREZ: Thank you, chair.
09:11:55 I know how you recognize the importance of water and water
09:11:58 facilities to the city.
09:12:00 And I'm here to present our commendation to the David Tippin
09:12:06 water facility employees.
09:12:10 They have gotten the achievement of obtaining the director's
09:12:15 The award is bestowed to water systems that have completed a
09:12:19 successful self-assessment peer review and then development
09:12:23 and implementation of a water quality improvement plan.
09:12:27 The water department has received this recognition from the
09:12:30 partnership for safe water for sustaining the prestigious
09:12:34 director's award by providing Tampa with high quality
09:12:37 drinking water that surpasses required federal drinking
09:12:39 water standards.
09:12:42 The David L. Tippin water treatment facility employees have
09:12:45 maintained a high level of treatment required for the
09:12:48 director's award for the 15th straight year, an honor
09:12:51 achieved by only 12 water utilities across the country.
09:12:55 I think Mr. Baird is here, of course, as always, to accept
09:12:58 the award.
09:12:59 >> Thank you, council.
09:13:04 Brad Baird, director, water department.
09:13:06 I am extremely proud of the gentlemen behind me and the
09:13:11 staff we have at the David L. Tippin water treatment
09:13:15 facility for achieving this award.
09:13:18 It is a very prestigious award, recognized in our industry
09:13:23 for treating water to the highest quality.
09:13:29 It is exceeding the quality of water required by the federal
09:13:32 government, and they have done this for more than 15 years
09:13:36 straight, so I am extremely proud of the folks behind me,
09:13:44 and the people back at the plant that produce high-quality
09:13:47 water 24 hours a day, 365 days a year.
09:13:51 Thank you very much.
09:13:53 [ Applause ]
09:13:58 >> We have our maintenance staff.
09:14:09 Our plant manager or production manager is Jeff Legos.
09:14:15 Then we have with us ed and Pat who are in our staff.
09:14:27 We have to keep the water coming so the others aren't here.
09:14:30 >> Thank you for all the work you do.
09:14:32 >>MARY MULHERN: I want to the say I'm not just proud but
09:14:35 really thankful for the great work you do and that we get to
09:14:39 live here and have the benefit of the clean water.
09:14:41 Thank you.
09:14:48 >>CHARLIE MIRANDA: Thank you all very much.
09:14:49 We need a motion to approve the agenda.
09:14:51 I don't believe there's an addendum today.
09:14:54 I have a motion by Mr. Cohen.
09:14:55 Second by Mrs. Mulhern.
09:14:56 All in favor of the motion?
09:14:58 The ayes have it unanimously.
09:15:04 We will go to public hearings at this time.
09:15:06 Anyone in the public that cares to speak to any item on the
09:15:09 First items on the agenda or anything that's not on the
09:15:11 agenda, please come forward.
09:15:12 You have three minutes each.
09:15:13 Anyone in the audience care to speak at this time, I
09:15:17 appreciate you come up other than anything that's not set
09:15:20 for a public hearing.
09:15:21 >> Okay, I'm Ed, Ed Tillou, Sulphur Springs.
09:15:33 Okay, I looked at the agenda downstairs so I don't know the
09:15:39 exact items.
09:15:44 Well, about the pool, the --
09:15:54 >>CHARLIE MIRANDA: Number 25.
09:15:55 >> The Parks Department will be speaking about pools.
09:15:57 I handed out something in the past about people not washing
09:16:00 their -- taking a little shower, using the dispensers there
09:16:06 and wash their feet off and stuff like that.
09:16:11 Put a lot of emphasis on that.
09:16:13 Well, there's this amoeba, and it doesn't mean to kill too
09:16:17 many people but it's killed two or three lately.
09:16:19 So the thing is, I think Sulphur Springs is a little --
09:16:25 there's a thing called water mites and I think they keep the
09:16:29 amoebas under control but I'm not sure of that H.that's
09:16:32 environmental microbiology which is a very difficult area.
09:16:37 There isn't a lot of funding for it.
09:16:39 But, anyway, I was challenged on something, and about the
09:16:42 time I was challenged -- let me try to get this up.
09:16:46 Okay, it's showing here. Anyway, at the time I was
09:16:53 challenged about 25,000, and they become now nine teen four.
09:17:04 So it's almost like giving them away.
09:17:06 And the thing is, the business about fleet, that was the
09:17:10 other item of concern.
09:17:15 They are doing things with float maintenance.
09:17:17 Well, the thing is, if you bought a couple of these then you
09:17:25 could say we want our mechanic and stuff and how to maintain
09:17:30 And they say, why do this?
09:17:32 Why do this?
09:17:32 This is, after all, the City Council that rubber stamped a
09:17:37 gas station in and so on.
09:17:40 But here is the bottom line.
09:17:44 21,800 homes in Hillsborough but many of them in Tampa
09:17:50 facing hikes from flood insurance.
09:17:53 I have underscored that insurance companies are in business
09:17:55 to make money.
09:17:56 This is what they have to do.
09:17:57 Now, there's a little bit of finagling that I think is
09:18:01 unfair to flow, and that's that there's a lot of picking up
09:18:05 Katrina which mostly hit Louisiana but it could hit
09:18:09 So the thing is, this is where it's important because using
09:18:12 a half a gallon a day instead of two gallons a day of
09:18:17 gasoline means that much less carbon dioxide.
09:18:21 As I say, this should be a particularly urgent thing.
09:18:27 The mayor wants flights coming from Zurich.
09:18:29 Well, I think there are probably people from Zurich in the
09:18:32 audience and that's where a lot of money is and a lot of
09:18:35 money syndicated funds insurance.
09:18:38 (Bell sounds)
09:18:40 So here is something on global warming.
09:18:42 >>CHARLIE MIRANDA: Thanks very much.
09:18:43 Next, please.
09:18:43 >> Chip Thomas, Tampa.
09:18:49 In an all-or-nothing world with comment, either you have too
09:18:53 many people or not anybody.
09:18:55 When it comes to global problems it would be normal and even
09:18:58 expected for local boards like the City Council to come
09:19:02 throw your hands up in the air, because the problem is going
09:19:06 to need worldwide participation to solve so what could you
09:19:09 possibly do?
09:19:11 So it would be counterintuitive to say with regards to, say,
09:19:19 a little problem I have, addressing it on a city-wide basis
09:19:22 may be not only effective but the best way to get started,
09:19:26 because the people in Tallahassee aren't going to do
09:19:29 anything better that, so we are not going to address it in
09:19:31 Florida on a statewide basis.
09:19:33 And the people in Washington, even if they did want to
09:19:38 address carbon dioxide problems, the auto and gas and coal
09:19:44 industries have enough money and power that they aren't
09:19:46 going to allow any action that results in less use of their
09:19:50 That's essentially the bottom line.
09:19:52 And if you are waiting for annal international panel of
09:19:54 experts to come up with a plan that the whole world can
09:19:57 follow, we do this, that and the other and have this
09:19:59 conflict, or if you are waiting for the discovery of the
09:20:02 emission free energy on the scale that we need, you are
09:20:04 going to be waiting a long time, and I don't know if we have
09:20:07 a lot of time.
09:20:08 So by default, I think that maybe a city by city, county by
09:20:12 county approach may be the only way to start addressing
09:20:16 And if a few cities implement measures that reduce the
09:20:19 mission, even a little way, maybe other cities will catch
09:20:23 wind, follow suit, the next thing you know you have momentum
09:20:28 leading to an avalanche of change, and why can't Tampa be
09:20:32 one of the snowflakes that triggers the avalanche of change
09:20:36 that we desperately need?
09:20:38 So here are two ways that you can do that.
09:20:42 An idling band and leaf blower ban.
09:20:47 When talking about leaf blowers you are talking about a
09:20:50 ridiculous device that's good at kicking up dust, making
09:20:54 loud, dangerous noise, and it's good at creating emissions
09:20:59 on a minute by minute, hour by hour basis, more than
09:21:02 driving, and it's not so good at addressing the problem it's
09:21:05 meant to address, which are leaves and grass clippings.
09:21:11 It only relocates them.
09:21:12 It doesn't remove them.
09:21:14 It wasn't that long ago we were moving without these things
09:21:17 and I think bee need to live without them again.
09:21:19 And the same with no more drive throughs in pharmacies,
09:21:25 banks, fast foods, where it's just a matter of convenience.
09:21:28 And it's costing people time to not have to park their car
09:21:32 and walk into the store and get what they are there for.
09:21:36 Spending more time in line.
09:21:40 And if we have five or ten cars.
09:21:47 And it also includes a ban on after school pickup at
09:21:50 elementary and middle schools.
09:21:52 And these where the problem is the biggest.
09:21:54 >> I got some numbers for you maybe next time.
09:21:59 >>CHARLIE MIRANDA: Thank you very much.
09:22:00 Mrs. Mulhern.
09:22:00 >>MARY MULHERN: Mr. Thomas, before you leave, can I ask you
09:22:04 a question?
09:22:04 Can you give us some maybe -- e-mail me if you have some
09:22:08 examples of some cities that have done that, ordinances that
09:22:11 ban the idling and the leaf blowers?
09:22:15 If you could find that, that would be great.
09:22:17 >> Uh-huh.
09:22:23 >>CHARLIE MIRANDA: Thank you.
09:22:24 Anyone else in the audience care to speak at this time?
09:22:26 I see no one.
09:22:28 We go to requests for public consideration of legislative
09:22:33 Anyone in the public care to bring any legislative matter
09:22:36 that we passed at the last council meeting up for
09:22:44 I see no one.
09:22:46 We are going to go to committee reports, although we have
09:22:51 waived the rules of procedure, but I think there's only one
09:22:54 or two today, so we are going to go to committee reports at
09:22:56 this time.
09:22:56 Then we'll take up the committee reports.
09:22:58 Public Safety Committee chair, Mr. Frank Reddick.
09:23:01 >> Move item 3 through 4.
09:23:03 >> Second.
09:23:04 >>CHARLIE MIRANDA: Seconded by Mr. Cohen on 3 and 4.
09:23:06 All in favor of that motion?
09:23:09 The ayes have it unanimously.
09:23:11 Parks, Recreation, Culture Committee chair, Ms. Mary
09:23:14 >>MARY MULHERN: I move items 5 through 8.
09:23:17 >>HARRY COHEN: Second.
09:23:22 >>CHARLIE MIRANDA: Seconded by Mr. Cohen on 5 through 8.
09:23:24 The ayes have it unanimously.
09:23:26 Finance chair, Mr. Harry Cohen.
09:23:27 >>HARRY COHEN: I move items 9 it through 11.
09:23:31 >> Second.
09:23:33 >>CHARLIE MIRANDA: Seconded by Mrs. Mulhern.
09:23:34 All in favor?
09:23:36 The ayes have it unanimously.
09:23:38 Building, zoning and preservation committee chair Ms. Lisa
09:23:42 >>LISA MONTELIONE: Move items 12 through 16.
09:23:45 >> Second.
09:23:47 >>CHARLIE MIRANDA: Motion by Mrs. Montelione, seconded by
09:23:49 Mrs. Mulhern.
09:23:49 All in favor of the motion?
09:23:52 The ayes have it unanimously.
09:23:53 Transportation chair committee, Yvonne Yolie Capin.
09:23:59 >>YVONNE CAPIN: I move item 17 and 18.
09:24:03 >>CHARLIE MIRANDA: Motion by Mrs. Capin, seconded by Mr.
09:24:05 Suarez on a close vote with Mrs. Montelione.
09:24:07 All in favor?
09:24:09 The ayes have it unanimously.
09:24:11 19 and 20, need a motion to set for public hearing.
09:24:15 Motion by Mrs. Montelione for public hearing on 19 and 20.
09:24:18 Seconded by Mr. Cohen.
09:24:19 All in favor of that motion please indicate by saying aye.
09:24:23 Opposed nay.
09:24:24 The ayes have it unanimously.
09:24:28 We are going to go to staff reports because the items 21
09:24:38 through 247 are 9:30 and it's five minutes before that time.
09:24:42 Staff reports.
09:24:43 Items 25 through 29.
09:24:45 Yes, ma'am.
09:24:45 >> I think there were going to be a couple that were
09:24:54 >>CHARLIE MIRANDA: Well, I didn't quite hear you.
09:24:57 There's a memorandum from Dennis Rogero to continue to
09:25:03 November 7th.
09:25:04 Anyone -- I need a motion.
09:25:07 I have a motion by Mr. Cohen on 25.
09:25:09 Who seconded it?
09:25:11 Mrs. Mulhern.
09:25:13 Motion by Cohen.
09:25:14 Second by Mulhern to move it to November 7th.
09:25:16 All in favor of the motion please indicate by saying aye.
09:25:19 Opposed nay.
09:25:20 The ayes have it unanimously.
09:25:22 Item 26 is also a request from Mr. Rogero for October
09:25:27 Need a motion to that.
09:25:29 >> Move to continue to October 17th.
09:25:32 >>CHARLIE MIRANDA: Motion by Mrs. Montelione, seconded by
09:25:34 Mr. Cohen on item 26.
09:25:36 All in favor?
09:25:37 The ayes have it unanimously.
09:25:39 25 and 26 have been moved.
09:25:46 >>CATHERINE COYLE: Planning and development.
09:25:48 Council motioned for us to appear, myself and the legal
09:25:52 department, to appear to address the issue of special use
09:25:55 permits and alcohol downtown.
09:25:57 I guess I would ask what issue it is that you would like to
09:26:00 I wasn't clear on that.
09:26:02 And then we can talk about anything you would like.
09:26:06 >>CHARLIE MIRANDA: Mrs. Montelione?
09:26:08 >>LISA MONTELIONE: It has come to my attention that in the
09:26:10 downtown area, it's very difficult to get a an alcoholic
09:26:19 beverage permit for certain special uses.
09:26:23 It seems that the process -- and I believe I talked to Ms.
09:26:27 Kert about this awhile back -- the process suggests a full
09:26:31 liquor license -- I'm sorry, permitted -- is maybe sometimes
09:26:37 easier than it is just to get beer and wine.
09:26:40 And there's also some establishments now -- I mean, this
09:26:43 didn't happen before because we didn't have the activity.
09:26:46 So we have downtown now and the number of residents, and the
09:26:50 demands that residents have when you live in an area to
09:26:53 conveniently, you know, shop or buy things, and we have got
09:26:59 some places, especially wine shops maybe that want to use
09:27:05 some package sales out of their restaurant, but they can't
09:27:09 because of the restrictions and the process to apply for
09:27:14 that type of permit is a bit onerous, especially on AP new
09:27:19 venture, because any shoppers goods or any type of retail
09:27:25 sales is almost forge willing new ground downtown.
09:27:30 So right in and out the only place that you can really shop,
09:27:41 the hub is the only other place I think that you can buy
09:27:44 alcohol for sale for use off premises.
09:27:48 And it would be nice if even for some places if they sell a
09:27:55 bottle of wine, downtown want to consume the entire bottle
09:27:58 of wine to take that off premises with you, especially when
09:28:01 they have places that exist right inside sky place or
09:28:08 residential towers, right? If they want to buy something
09:28:10 and take it upstairs to the condo or their apartment they
09:28:14 can't do that.
09:28:16 The same for downtown.
09:28:22 So to just get package sales downtown for beer and wine it's
09:28:26 the same process as the rest of the city.
09:28:28 And if you are convenience goods, shoppers goods, specialty
09:28:32 retail, it's actually an administrative process.
09:28:34 It's just when you mix consumption on-site and package sales
09:28:39 is where it has to come to City Council and that rule is the
09:28:41 same downtown as it is in the rest of the city.
09:28:44 I can tell you, having gone back and looked at the rules
09:28:47 that were written, we specifically wrote bars and lounges
09:28:53 It's an administrative permit, but only downtown.
09:28:56 And we have never processed like a change to the alcohol
09:28:59 regulations, with the exception of a process change, or a
09:29:03 minor tweak.
09:29:05 But in looking back at it, I think all the justification we
09:29:10 have for doing certain things is it was probably an
09:29:12 oversight on our part when we treated downtown exactly the
09:29:16 same as the rest of the city, especially that everything is
09:29:22 mixed use, and we would be amenable to opening that up if
09:29:26 council so desires.
09:29:27 But right now it's not any more onerous than it is the rest
09:29:30 of the city.
09:29:31 It's just that's the process.
09:29:32 >> I guess because the bar and lounge is an administrative
09:29:36 process and everything else has to come to council, it seems
09:29:42 >>CATHERINE COYLE: It does, and that's what we agreed on in
09:29:44 looking at it that we clearly had the intent ton write
09:29:49 looser regulations downtown than weep did for the one
09:29:51 specific use, but for some reason this didn't --
09:29:55 >>LISA MONTELIONE: Maybe that's what I'm asking for you to
09:29:57 look at.
09:29:58 >>CATHERINE COYLE: Okay.
09:29:59 >>LISA MONTELIONE: Is to at least make it an even playing
09:30:03 field between the two types of permits, because it doesn't
09:30:06 seem that it should be easier to open a bar or lounge than
09:30:10 it is to have any other kind.
09:30:16 Specifically when bee look for on-site consumption and
09:30:20 package sales, some special restaurants, some convenience
09:30:23 goods, shoppers goods.
09:30:25 >> Is that a motion?
09:30:34 >> Yes.
09:30:34 I would ask for council to support a motion to review the
09:30:38 regulations pertaining to the downtown CBD area for package
09:30:46 sales in conjunction with restaurants, beer and wine, and
09:30:51 the bar/lounge regulation.
09:30:54 >> How much time do you think you need?
09:30:57 >> It depends on how much time you want top review it and
09:31:01 bring back a report or review it and bring back an
09:31:05 >>LISA MONTELIONE: I guess at this point review and bring
09:31:07 back an amendment.
09:31:12 >>CATHERINE COYLE: As long as you do it before the end of
09:31:16 the year we can put it in the next cycle.
09:31:19 So October?
09:31:24 >> November 21st at 10?
09:31:27 >>LISA MONTELIONE: November 21st at 10 a.m.
09:31:31 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione, a
09:31:33 second by Mr. Reddick.
09:31:34 Further discussion by council members?
09:31:35 All in favor?
09:31:37 The ayes have it unanimously.
09:31:40 Thank you very much.
09:31:41 We go to item number -- staff reports, number 28.
09:32:01 The resolution for Suncoast paving.
09:32:04 Motion by Mr. Reddick moving the resolution.
09:32:07 Second by Mrs. Montelione on 28.
09:32:09 All in favor of the motion please indicate by saying aye.
09:32:12 Opposed nay.
09:32:13 The ayes have it unanimously.
09:32:14 Thank you all very much.
09:32:16 And item number 29.
09:32:18 I don't know if that person is here or not.
09:32:27 I'll hold 29 until that part.
09:32:40 We go back to -- it's now just past 9:30.
09:32:46 We can go into the public hearings.
09:32:48 I need a motion to open public hearing 21 through 24.
09:32:51 I have a motion by Mr. Suarez, second by Mr. Cohen to open
09:32:54 those hearings.
09:32:54 All in favor of that motion please signify by saying aye.
09:32:57 Opposed nay.
09:32:58 The ayes have it unanimously.
09:32:59 21 through 24 is now open.
09:33:09 Item 21.
09:33:10 This is a quasi-judicial hearing.
09:33:13 Anyone in the audience who is going to speak on item 21
09:33:17 through 24 shall be sworn in.
09:33:20 21 through 24 shall be sworn in.
09:33:23 If you are going to speak on those items please raise your
09:33:25 hand and be sworn in.
09:33:26 (Oath administered by Clerk)
09:33:28 Item number 21.
09:33:36 Anyone in the audience to be speak on number 21?
09:33:40 This is second reading and adoption.
09:33:42 Yes, ma'am.
09:33:42 >>ABBYE FEELEY: Land Development Coordination.
09:33:44 Item number 21 and 22 is an amendment to a DRI and then an
09:33:49 associated rezoning.
09:33:51 We do need to make some modifications, so those items need
09:33:56 to go back to first reading, if we could.
09:33:58 There was a discussion in the future land use map as to two
09:34:04 tracks in the development, and whether or not those were
09:34:07 environmentally sensitive area.
09:34:08 It has been determined that they are not.
09:34:10 So they would like to entitle those two tracts.
09:34:15 We would like to amend the DRI to reference the tract C and
09:34:20 E for those uses and then need to go back and amend the site
09:34:24 plan to identify tract C and E for those uses as well.
09:34:28 So if we could put both of those items back on first reading
09:34:31 with those amendments, then we'll bring them back to you for
09:34:34 second reading with those modifications.
09:34:38 >>CHARLIE MIRANDA: Okay.
09:34:38 Is petitioner here on 21?
09:34:40 Do you agree to that?
09:34:43 >> Kathryn O'Donniley, South Oregon.
09:34:48 This is just sort of stemming from a clerical issue with
09:34:52 Planning Commission, future land use map.
09:34:54 So it should be just a minor change to the site plan.
09:34:57 >> All right.
09:35:04 Anyone else?
09:35:04 This is going to go back for first reading because there was
09:35:07 a change in the application.
09:35:10 Yes, ma'am, Mrs. Montelione.
09:35:12 >>LISA MONTELIONE: Do you have the map so we can take a
09:35:15 look at it so we know what tracts she's talking about?
09:35:20 >> Yes, it's two tracks here.
09:35:23 >> Pull that out a little bit so we can see where we are.
09:35:29 >> These two tracts here, C and E, the future land use map
09:35:34 shows ESA which would make them undevelopable.
09:35:38 If you remember, this is Hidden River where we had recently
09:35:42 done the facility down at the southern end here, just last
09:35:48 year, and what they were seeking to do was to add medical
09:35:53 clinic and medical office to several of the other tracts
09:35:57 within the PDA development, and we did leave out C and E
09:36:03 because they were shown as environmentally sensitive area in
09:36:06 the future land use map for the Tampa comprehensive plan.
09:36:09 It has been discovered that that was an error on the
09:36:13 Planning Commission side.
09:36:16 So in order to allow for those uses here, we are going to go
09:36:20 back and amend it and then this site plan.
09:36:24 Second reading which you will see, this will come back and
09:36:26 it will have that medical assigned to those as well for use
09:36:30 in the overall entitlement.
09:36:31 >>LISA MONTELIONE: So it's more of a complicated
09:36:39 scrivener's error.
09:36:40 >>ABBYE FEELEY: Yes, ma'am.
09:36:43 >>LISA MONTELIONE: I don't have my monitor here.
09:36:48 The lines that we are seeing, those irregularly shaped
09:36:52 lines, of those delineations --
09:36:54 >> Yes.
09:36:56 And Susan Johnson has been coordinating this matter for me
09:36:59 and she actually has the new wetland maps in our office and
09:37:04 will make sure that there is no encroachment into those
09:37:08 >> Okay.
09:37:10 Because that area is special, and that contains some of the
09:37:15 largest wetlands that we have left in the city.
09:37:17 So I just want to make sure that we are not in any way
09:37:22 damaging or encroaching upon those wetlands.
09:37:25 >> And that's one of the things that will make the
09:37:31 developable area of these tracts smaller, but there is
09:37:34 portions within there that can be developed, and we just
09:37:37 want to make sure that this plan and the associated DRI ...
09:37:47 >>CHARLIE MIRANDA: Anyone else on 21?
09:37:49 How much time do you need?
09:37:51 Going back to first reading, how much time do you need?
09:37:55 >>ABBYE FEELEY: We can go to first reading right now if
09:37:58 that would be the pleasure of council for both of those
09:38:00 items and then go ahead and have the second reading at your
09:38:04 next scheduled meeting, just like a regular rezoning, and if
09:38:07 you would mention those modifications.
09:38:09 >> Do you want the second reading ordinance incorporating
09:38:16 the first reading?
09:38:18 >>ABBYE FEELEY: Yes.
09:38:19 Thank you.
09:38:19 >>CHARLIE MIRANDA: Anyone in the audience care to speak?
09:38:21 This is a public hearing on item 21.
09:38:23 It's Hidden River corporate park.
09:38:26 >> Move to close.
09:38:28 >>CHARLIE MIRANDA: I have a motion to close by Mr. Reddick.
09:38:30 Second by Mr. Cohen.
09:38:32 Further discussion by council members?
09:38:33 All in favor of the motion indicate by saying aye.
09:38:36 Opposed nay.
09:38:36 The ayes have it unanimously.
09:38:38 Ms. Montelione?
09:38:39 >>LISA MONTELIONE: I move an ordinance being presented for
09:38:41 first reading and consideration, an ordinance of the city of
09:38:44 Tampa, Florida approving an amendment to a development order
09:38:46 rendered pursuant to chapter 380, Florida statutes, filed by
09:38:51 crescent resources, Inc., for Hidden River corporate park, a
09:38:55 previously approved development of regional impact,
09:38:59 including the changes to tract C and E as identified by
09:39:02 staff and the Planning Commission.
09:39:06 Providing an effective date.
09:39:08 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione,
09:39:10 seconded by Mrs. Mulhern.
09:39:11 Further discussion by council members?
09:39:12 All in favor of the motion please indicate by saying aye.
09:39:15 Opposed nay.
09:39:16 The motion passes unanimously.
09:39:17 >>THE CLERK: Second reading will be held on November --
09:39:25 October 17 at 9:00 a.m. 9:30 a.m.
09:39:27 >>CHARLIE MIRANDA: October 17th. Okay, we finally got it
09:39:32 Okay. We go to item number 22.
09:39:36 >>ABBYE FEELEY: The remaining readings -- Abbye Feeley,
09:39:42 land development -- item 23 and 24 require certified site
09:39:45 They have been certified and provided to the clerk and staff
09:39:48 is available for any comments or questions.
09:39:55 >>CHARLIE MIRANDA: 22 is also first reading.
09:40:02 22 is the same as the 21 as far as the land differences, so
09:40:09 forth and so on.
09:40:10 Anyone in the audience care to speak on item number 22
09:40:13 regarding going back to first reading?
09:40:16 I have a motion to close by Mr. Reddick, seconded by Mrs.
09:40:20 All in favor of the motion?
09:40:22 The ayes have it unanimously.
09:40:23 Mr. Cohen?
09:40:24 >>HARRY COHEN: I move an ordinance being presented for
09:40:27 first reading, an ordinance rezoning property in the general
09:40:30 vicinity of the northwest quadrant of I 75 and Fletcher
09:40:34 Avenue in the city of Tampa, Florida and more particularly
09:40:36 described in section 1 from zoning district classifications
09:40:40 PD-A planned development, alternative, retail, hotel,
09:40:44 business professional office, residential, research and
09:40:48 development, clinic, office, medical, to PD-A, planned
09:40:51 development alternative, retail, hotel, business,
09:40:54 professional office, residential, research and development,
09:40:57 clinic, office, medical, providing an effective date, and
09:41:00 incorporating the changes to the future land use map in
09:41:03 tracts C and E identified by staff.
09:41:05 >> Second.
09:41:07 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen, second by
09:41:10 Mrs. Mulhern putting item 22 back into first reading.
09:41:14 All in favor of the motion? Opposed?
09:41:17 The ayes have it unanimously.
09:41:18 >>THE CLERK: Second reading and adoption will be October
09:41:21 17th at 9:30 a.m.
09:41:25 >>CHARLIE MIRANDA: We go to item number 23.
09:41:27 It's for second reading, an ordinance.
09:41:37 This is 607 and 623 South MacDill.
09:41:41 >>GINA GRIMES: Gina Grimes, Hill, Ward, Henderson, 101 East
09:41:45 Kennedy Boulevard representing Cooper commercial and
09:41:49 And I'm not sure if there's anyone here --
09:41:54 >>CHARLIE MIRANDA: I'll ask that, ma'am.
09:41:56 >>GINA GRIMES: Okay.
09:41:56 But I wanted to mention at the last meeting there were some
09:41:59 people here in opposition.
09:42:01 Wanted to remind that you this meets all the code criteria,
09:42:04 special using application for a drive-through window for a
09:42:07 bank, meets all the code criteria. We are not asking for
09:42:10 any waiver.
09:42:10 We are actually providing mitigation above and beyond what
09:42:14 the code requires, and we request your approval.
09:42:19 >>CHARLIE MIRANDA: Item 23.
09:42:19 Anyone in the audience care to speak on item 23 for a
09:42:22 drive-in window?
09:42:23 Please come forward.
09:42:24 >> I wasn't sworn in.
09:42:31 I just arrived.
09:42:32 Do I need to be sworn in?
09:42:34 >>CHARLIE MIRANDA: Yes, ma'am.
09:42:34 (Oath administered by Clerk)
09:42:36 >> Good morning.
09:42:41 My name is Debby pledge, 3204 West Sutton Boulevard, and I
09:42:46 come before you today more as a mom, a neighbor and City of
09:42:52 Tampa citizen.
09:42:55 I have a little bit of paperwork that I had taken to my
09:42:58 neighborhood last night, and I just want to read to you what
09:43:02 most neighbors signed.
09:43:04 We are asking for your assistance from the City of Tampa to
09:43:07 solve the increased traffic flow from drivers attempting to
09:43:10 avoid the intersection of Swann and MacDill Avenue.
09:43:14 The residents of Parkland Estates, west Thompson Boulevard,
09:43:17 have a great concern over the traffic flow in our street in
09:43:22 recent years.
09:43:22 With the current location of the home BANC on Swann and
09:43:27 MacDill Avenue residents are fearing an even greater
09:43:30 increase in cut-through traffic.
09:43:32 Residents have noticed increase of traffic times, and with
09:43:36 these drivers having little concern as their evidence by
09:43:42 their increased rate of speed it is normally easy to
09:43:44 differentiate between residents and the cut-through drivers
09:43:47 as our children riding bikes, teenagers walking friends home
09:43:53 and pet walkers.
09:43:54 Residents and their guests tend to be more considerate in
09:43:57 the neighbor based on knowledge of cut-through drivers have
09:44:02 in a consideration as evidenced by their speed.
09:44:04 We are anticipating a lot more cut-through traffic due to
09:44:08 the value of that corner on the northwest side of Swann and
09:44:13 The residents of west Sutton Boulevard petition the city for
09:44:16 assistance in resolving this matter and in a way that we
09:44:21 feel may be beneficial to everyone.
09:44:22 The city could easily investigate and support the
09:44:24 installation of left hand turns at Swann and MacDill
09:44:31 Currently, it exists only for the westbound Swann on
09:44:38 MacDill Avenue, and we feel it is warranted for turns on
09:44:42 Swann Avenue as well as for eastbound Swann motorists.
09:44:47 I have most of our neighborhoods, I did find support.
09:44:52 Again, we are not against home BANC.
09:44:55 We are all for people coming N.we are on the south side of
09:44:59 We are not on the north side where there is a lot more
09:45:01 We welcome a bank to our neighborhood.
09:45:04 I am coming to you just for help and consideration, because
09:45:08 this is where I was told the avenue is for you all to help
09:45:12 with the traffic issue.
09:45:14 And I will hand this in for you all to look at.
09:45:19 >>CHARLIE MIRANDA: Hand it to the clerk.
09:45:22 I have Mr. Cohen.
09:45:22 >>HARRY COHEN: Thank you very much for your comments.
09:45:24 And I would be happy to talk to you about it after this
09:45:28 hearing is over.
09:45:30 >> And that's all we do have of you today, on West Swann
09:45:36 We are really concerned.
09:45:37 But we do welcome HomeBanc.
09:45:41 >> We'll get right on it and get in touch with you.
09:45:45 >>CHARLIE MIRANDA: Anyone else care do speak on this item,
09:45:48 item number 237?
09:45:49 I see no one.
09:45:50 Motion to close by Mr. Reddick, seconded by Mrs. Mulhern.
09:45:55 All in favor?
09:45:57 Mrs. Mulhern, kindly take number 23, please.
09:45:59 >> I move an ordinance being presented for second reading
09:46:03 and adoption, an ordinance approving a special use permit
09:46:06 S-2 approving a drive-in window in a CG commercial general
09:46:10 zoning district in the general vicinity of 607 and 623 South
09:46:14 MacDill Avenue in the city of Tampa, Florida as more
09:46:17 particularly described in section 1 hereof providing an
09:46:20 effective date.
09:46:20 >> I have a motion for approval for second reading by Mrs.
09:46:25 Mulhern, seconded by Mr. Suarez.
09:46:27 Roll call vote.
09:46:28 Vote and record.
09:46:39 >>THE CLERK: Motion carried unanimously.
09:46:44 >>CHARLIE MIRANDA: Thank you all very much.
09:46:45 Item number 24.
09:46:46 >> Lucas Carlo, New Port Avenue, representing the owner.
09:47:05 We have all of staff's conditions, and the site plan between
09:47:09 first and second hearing.
09:47:12 >>CHARLIE MIRANDA: Anyone in the audience care to be speak
09:47:14 on item 24?
09:47:15 I see no one.
09:47:16 Need a motion to close.
09:47:17 I have a motion by Mr. Suarez.
09:47:19 Seconded by Mrs. Mulhern to close.
09:47:21 All in favor of the motion to close number 24?
09:47:26 The ayes have it unanimously.
09:47:27 Mr. Reddick, would you kindly take number 24, please, sir?
09:47:31 >>FRANK REDDICK: Move an ordinance being presented for
09:47:33 second reading and adoption, an ordinance rezoning property
09:47:36 in the general vicinity of 4611 west North "A" street in the
09:47:40 city of Tampa, Florida and more particularly described in
09:47:42 section 1 from zoning district classification PD planned
09:47:46 development, office, business, professional and medical, to
09:47:48 PD, planned development, office, business/professional and
09:47:52 medical, providing an effective date.
09:47:55 >>CHARLIE MIRANDA: Motion by Mr. Reddick, seconded by Mr.
09:47:58 This is a roll call vote.
09:47:59 Vote and record.
09:47:59 >>THE CLERK: Motion carried unanimously.
09:48:14 >>CHARLIE MIRANDA: Well, item 29.
09:48:15 Is that person here?
09:48:22 We can do 29 at this time.
09:48:23 >> Moving right along this morning.
09:48:34 Thank you so much for having me this morning.
09:48:38 Director for the metropolitan planning organization.
09:48:40 And I'm here today about the updates after the 2010 census.
09:48:46 The board membership for the metropolitan planning
09:48:48 organization, we are referred by federal law to take a look
09:48:54 at that membership and how it represents the population of
09:49:00 our area, which is Hillsborough County.
09:49:04 We are proposing after this review to add an additional
09:49:07 voting member to the metropolitan planning organization
09:49:11 board to represent the Board of County Commissioners because
09:49:14 of roads in the unincorporated county population between
09:49:21 2000 and 2010.
09:49:23 There is another change proposed, which is to change the
09:49:28 Planning Commission member, which is currently a nonvoting
09:49:31 member to a voting membership status, that would bring the
09:49:35 total voting members at the MPO board to 15 from 13.
09:49:41 The Florida Department of Transportation is also represented
09:49:44 on the MPO board, and the state has asked that they no
09:49:49 longer be identified as a member but as a nonvoting adviser
09:49:52 so that they are better able to interact with all of you,
09:49:58 not as part of meetings advertised under the sunshine law.
09:50:04 So at this time we are seeks resolutions of support from all
09:50:08 the member governments and agencies.
09:50:11 Then the next step would be to transmit to the governor.
09:50:15 The governor also approves all of the membership plans for
09:50:19 all of the MPOs around the state.
09:50:23 So what you have in front of you today is a resolution of
09:50:25 support for your consideration.
09:50:28 And if you have any questions, I would be happy to try to
09:50:31 answer those.
09:50:32 >>MIKE SUAREZ: Are there any other issues concerning the
09:50:37 change of membership of MPO?
09:50:39 I know that there are some changes, if I am not mistaken in,
09:50:43 federal law concerning certain things, does that affect us
09:50:47 in any way, those changes from the federal side?
09:50:50 >> That's a good question.
09:50:52 We actually already comply with that change in the federal
09:50:55 law, which asks that transit agencies have voting
09:50:59 representation on MPO boards.
09:51:01 And we do have a member of the Hart board and have had for a
09:51:06 number of years.
09:51:08 >>MIKE SUAREZ: Let me ask you a follow-up question.
09:51:13 In terms of the streetcar itself, that is -- because of
09:51:18 separate entity and difference, they do not have any kind of
09:51:22 role on the MPO.
09:51:22 Do they not qualify for that?
09:51:24 Or are they considered under Hart's direction?
09:51:29 >> The provision that if there is more than one operating of
09:51:32 transit services in any area that there be some, you know,
09:51:37 discussion about it, a decision about who is the best entity
09:51:42 to represent transit interests on the MPO board.
09:51:46 In this case, Hart is actually contracted to operate all of
09:51:50 the services, and also to act on the streetcar's behalf in
09:51:57 accessing federal transit administration grants, you know,
09:52:01 which would be something that would be discussed by the MPO
09:52:05 So it seems appropriate for Hart's representative to act on
09:52:10 their behalf.
09:52:13 >>MIKE SUAREZ: And what if the streetcar were operated by a
09:52:17 separate entity?
09:52:19 It would they still be considered to be put on as a member
09:52:21 of the MPO?
09:52:22 Or does that have to happen for the next reapportionment?
09:52:25 >> We can propose to change the appointment plan at any
09:52:29 It doesn't have to happen.
09:52:33 So, you know, if there were change like that, you could
09:52:36 bring that back to the MPO board and ask for that
09:52:40 >>MIKE SUAREZ: Thank you.
09:52:41 >>CHARLIE MIRANDA: Any other council members?
09:52:46 >>LISA MONTELIONE: For those who are viewing who aren't
09:52:51 familiar with the makeup of the MPO board, could you just
09:52:54 clearly say the number of members now and the number of
09:52:57 members after the appointment change?
09:53:00 >> Sure.
09:53:02 We currently have four county commissioners, three council
09:53:07 members from the City of Tampa, and one each from Temple
09:53:12 Terrace and from Plant City.
09:53:15 We also have a representative from each of the four
09:53:19 transportation authorities operating in Hillsborough County,
09:53:23 and those are Hart and the expressway authority, the
09:53:26 Aviation Authority, and the Port Authority.
09:53:29 Again, the Planning Commission has a nonvoting member, and
09:53:33 the Department of Transportation currently has a nonvoting
09:53:39 >>CHARLIE MIRANDA: Thank you.
09:53:40 Anyone else?
09:53:40 We really appreciate that you came down and explained it to
09:53:44 And we are going to move this resolution.
09:53:48 Mr. Cohen?
09:53:49 >>HARRY COHEN: I move the resolution addressing the
09:53:51 Hillsborough County metropolitan planning organization 2013
09:53:54 membership appointment plan providing an effective date.
09:53:58 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen.
09:54:00 I believe Mrs. Mulhern had the second on a close vote with
09:54:04 about three others.
09:54:05 All in favor of moving the resolution?
09:54:08 The ayes have it unanimously.
09:54:10 Thank you very much.
09:54:11 I appreciate the information.
09:54:15 We have public hearing items that are set for 10:30, 10:30,
09:54:20 and 10:30.
09:54:24 What we can do is give a 30-minute recess.
09:54:27 When I say 30 we take 35.
09:54:30 So be back in time.
09:54:31 So if I hear no objections, we'll take a 30-minute recess.
09:54:37 We stand adjourned for 30 minutes.
09:54:40 (City Council recess.)
09:54:42 (City Council reconvenes.)
10:30:06 >>CHARLIE MIRANDA: City Council is called to order.
10:33:51 Roll call.
10:34:01 (Roll call)
10:34:03 We start with item 30, I believe.
10:34:04 Public hearing on a brownfield designation.
10:34:10 Need a motion to open the public hearing 30 through 34, I
10:34:18 I have a motion.
10:34:19 I'm sorry, motion by Mr. Cohen, seconded by Mrs. Capin.
10:34:24 All in favor to open?
10:34:25 The ayes have it unanimously.
10:34:26 Yes, ma'am.
10:34:29 >> Cathy Ginster, City of Tampa legal department.
10:34:32 I'm here on the second and final public hearing for a
10:34:35 proposed brownfield designation.
10:34:38 Property located at 3005 west Columbus, known as the former
10:34:43 West Tampa convention center property.
10:34:45 This is based on an application from the property owner
10:34:52 Palmetto Tampa Columbus LLC.
10:34:56 The application has been on file with the staff's office and
10:35:02 available for public review.
10:35:03 And city staff determined that all the requirements for both
10:35:08 public notice and the brownfield designation historic
10:35:15 criteria have been satisfied.
10:35:16 At the conclusion of this public hearing council has an
10:35:18 opportunity to pass a resolution approving the brownfield
10:35:21 designation which will enable the applicant then to enter
10:35:24 into a voluntary agreement with the State of Florida and to
10:35:28 redevelop and mediate the property and receive tax credits
10:35:33 for eligible expenses.
10:35:34 Thank you.
10:35:35 And the applicant is here if you have any questions.
10:35:41 >>CHARLIE MIRANDA: Thank you very much.
10:35:44 Anyone in the public, which this is a public hearing, if
10:35:47 brownfield for clean-up, clean up any contamination,
10:35:51 anything of that nature.
10:35:52 Anyone in the public care to speak on item 30?
10:36:01 Thank you very much.
10:36:01 Motion to close by Mrs. Capin, second by Mrs. Montelione on
10:36:05 a motion to close the hearing.
10:36:11 All in favor?
10:36:13 The ayes have it unanimously.
10:36:15 >>THE CLERK: Do you wish to close the public hearing?
10:36:21 >>CHARLIE MIRANDA: I need a motion before I take that vote,
10:36:23 I am going to take the vote to close the public hearing.
10:36:25 I have a motion by Mr. Cohen.
10:36:27 Seconded by Mr. Reddick to close the public hearing.
10:36:29 I need a motion to pass the resolution.
10:36:31 Mrs. Capin, I think, made the motion, seconded by Mrs.
10:36:35 Any discussion on that motion?
10:36:36 All in favor of the motion please signify by saying aye.
10:36:39 Opposed nay.
10:36:40 The ayes have it unanimously.
10:36:41 Thank you very much.
10:36:44 We go to item number 31.
10:36:46 It's also a brownfield designation.
10:36:49 >> Kate Taylor, city attorney's office.
10:37:00 You may notice from your stack of materials that the city
10:37:07 staff recommended -- the criteria has been met as well as
10:37:13 the public notice.
10:37:14 First is the designation.
10:37:16 The second deals with be the brownfield development bonus.
10:37:19 I think you have seen one of these before, but if not I'm
10:37:22 available for questions.
10:37:23 >>MARY MULHERN: Thank you very much.
10:37:25 Anyone in the audience care to speak on item number 31?
10:37:30 I see no one.
10:37:34 Motion to close by Mr. Cohen, seconded by Mrs. Montelione.
10:37:37 All in favor?
10:37:38 The ayes have it unanimously.
10:37:40 Mr. Reddick?
10:37:42 >>FRANK REDDICK: I just want to state this for the record,
10:37:46 that is I'm quite sure you received e-mails from certain
10:37:51 individuals asking us to delay this.
10:37:54 I just want to say that on October the 8th, at
10:37:58 6:30 p.m., I'm holding a community meeting at Ragan park,
10:38:13 and WalMart will be in town, and any questions that anyone
10:38:16 has about WalMart.
10:38:20 It will take place at Ragan park.
10:38:24 They will come in town and meet with the representatives,
10:38:25 anyone in the community discussing questions, concerns that
10:38:28 they might have.
10:38:29 So this serves as public notice to the community.
10:38:33 I just want to put that on the record.
10:38:35 >>CHARLIE MIRANDA: Thank you.
10:38:36 Anyone opposed to that item?
10:38:39 >>FRANK REDDICK: I'm sorry.
10:38:41 >>CHARLIE MIRANDA: No problem.
10:38:41 Say nay.
10:38:42 Motion passes unanimously on resolution number 1.
10:38:45 There's two resolutions.
10:38:46 The second resolution.
10:38:48 >> Move the resolution.
10:38:50 >>CHARLIE MIRANDA: Moved by Mr. Cohen.
10:38:51 Seconded by Mr. Suarez.
10:38:52 Further discussion by council members?
10:38:55 All in favor of the motion please signify by saying aye.
10:38:57 Opposed nay.
10:38:58 Motion passes unanimously on resolution, the second one.
10:39:03 We go now to public hearings.
10:39:06 These are quasi-judicial.
10:39:08 If you are going to speak on item 32 and 33, you have to be
10:39:12 sworn in.
10:39:13 Anyone who is going to speak on 32 and 33 must be sworn in.
10:39:19 32 and 33.
10:39:23 (Oath administered by Clerk)
10:39:25 Item number 32.
10:39:27 C 13-07.
10:39:29 >> Barbara Lynch, Land Development Coordination.
10:39:32 This is C-13-07, the First Baptist Church of College Hill,
10:39:40 in East Tampa, and it's in the East Tampa mixed use overlay
10:39:44 I have a map overhead.
10:39:50 The petitioner's property is in red.
10:39:53 And the area to be vacated is in yellow.
10:39:56 It's 33rd street between 28th street and 29th
10:40:01 >>CHARLIE MIRANDA: Excuse me one second.
10:40:02 I don't know if -- our monitor is not showing anything.
10:40:07 There we go.
10:40:08 >>BARBARA LYNCH: You have it?
10:40:11 The first photograph I have for this is picture of 33rd
10:40:15 Avenue looking east from 28th street.
10:40:21 That portion.
10:40:23 And the next photo is 33rd Avenue looking west from
10:40:27 29th street.
10:40:30 And the next photo is the petitioner's property looking
10:40:34 north of 33rd Avenue, and it's vacant.
10:40:40 And then the next photo is the petitioner's property looking
10:40:43 south on 33rd Avenue.
10:40:52 That's where the current sanctuary is located.
10:40:54 Here is a better photo of it.
10:40:57 And then this is just a photo of the signal at 29th and
10:41:02 Dr. Martin Luther King Jr. Boulevard.
10:41:07 Staff objects to this vacating based on responses from
10:41:10 transportation planning, and transportation design.
10:41:17 Water, TECO, Verizon and Bright House easements will be
10:41:21 Petitioner is here and wants to make a presentation, I
10:41:25 >>CHARLIE MIRANDA: Petitioner?
10:41:25 >> Timothy H. Powell, president, THC, Inc., Tampa, Florida
10:41:38 I'm representing applicant today, the First Baptist Church
10:41:41 of College Hill.
10:41:42 As mentioned in the staff's presentation and staff report,
10:41:45 this request for vacation is between 28th and 29th
10:41:52 The church owns both sides of the segments being requested
10:41:55 to be vacated.
10:41:56 The vacation will allow the church to expand its current
10:41:58 facility, 33rd Avenue, and a unified and continuous
10:42:03 manner to the block north of 33rd Avenue.
10:42:05 I'm submitting into the record 146 letters of support for
10:42:09 this request.
10:42:10 We also have copies of those 146 letters of support for each
10:42:14 and every council members if they so want it.
10:42:17 At this time, I would like to introduce the reverend Dr.
10:42:22 Evan burrows who will make the full presentation for this
10:42:34 >>CHARLIE MIRANDA: Thank you.
10:42:34 >> My name is Evan Burrows, the pastor of First Baptist
10:42:55 Church of College Hill since 2008.
10:43:00 And succeeding the late Abraham Brown.
10:43:04 First Baptist Church of College Hill has been in this
10:43:07 community for 109 years, and we are an integral part of the
10:43:15 East Tampa community serving many of the disadvantaged
10:43:19 people through food distribution, a regular meal five days a
10:43:24 week, as well as clothing.
10:43:27 But over the past five years, our congregation has seen a
10:43:30 tremendous growth to the point where we had to add a third
10:43:35 service on Sunday itself, which is taxing on the
10:43:39 In order to accommodate the growing congregation, the
10:43:42 leadership has set out to construct a new facility.
10:43:46 Being in East Tampa, and I'm sure you are aware that land is
10:43:49 a premium.
10:43:50 It's just difficult to find continuous pieces of property.
10:43:56 It's been suggested that we move, maybe go out to the
10:43:59 suburbs, but we have rejected that because we believe that
10:44:02 would change the very character of our church, and what we
10:44:05 bring to this community.
10:44:06 So the leadership has decided that we would petition the
10:44:09 city for the vacating of this piece of property so that we
10:44:13 can stay where we are and continue our work in East Tampa.
10:44:17 And so we have come today simply to say to the council that
10:44:24 we would love to stay in East Tampa, but to do it we need to
10:44:29 be able to have access to this property.
10:44:32 If you look in the picture, you will also notice that there
10:44:39 is a tree on the north property that actually forces us
10:44:46 And so if we were to maintain the correct distance from that
10:44:54 precious oak, we have to go south, which then would make the
10:44:58 building smaller than we need.
10:45:01 And so in order to do it, you would need to have that extra
10:45:05 property represented by 33rd Avenue.
10:45:09 And so my request today is that you would favorably consider
10:45:14 our request so that we can continue the work that we have
10:45:18 begun in East Tampa.
10:45:19 Thank you very much.
10:45:19 >> Just in conclusion -- I was just talking, and we should
10:45:34 have mentioned the tree, also.
10:45:35 By being forced to stay south of the tree, then the
10:45:41 right-of-way becomes that much more necessary.
10:45:44 In conclusion, we prepared a thorough professional submittal
10:45:48 package in compliance with the city's Land Development Code
10:45:51 We did not have to notice any abutting property owners
10:45:54 because the church owns both sides of the section being
10:45:58 However, we did notice the required participation and
10:46:01 And based on the above I respectfully request you grant our
10:46:04 request to vacate the roadway.
10:46:06 I'm here to answer any questions, and also Mr. Everett
10:46:12 morals is here from engineering.
10:46:15 >> Any questions at this time?
10:46:17 Mr. Suarez?
10:46:17 >>MIKE SUAREZ: Yes, real quick.
10:46:23 What kind of effect does it have on traffic on each side?
10:46:27 Has there been any traffic studies, anything done for this
10:46:31 Because we have a lot of vacation of alleyways primarily but
10:46:35 not one that is operating as a street.
10:46:38 >> As a planner, there's not a lot of residential there.
10:46:48 The maximum impact that I can see from a planning
10:46:50 perspective is it does force traffic one block out of the
10:46:54 way to get over east and then back north again to a
10:46:58 signalized intersection, because you can't just come up,
10:47:01 take a left and go up there because you are not at a
10:47:02 signalized intersection.
10:47:03 That's the maximum impact.
10:47:07 There's not very many residential units in there.
10:47:10 I think when you are in an urban setting, you run into these
10:47:15 type of situations, and you have to make a philosophical
10:47:19 decision from a land use perspective.
10:47:23 Do you want them to stay in the community?
10:47:24 If you do, then you have the existing structure sometimes
10:47:30 gets in the way, and then you have to slightly adjust it.
10:47:33 You see it throughout the city.
10:47:34 I have been doing this for 40 years in Tampa.
10:47:36 If you go to various street networks, you will see streets
10:47:39 that suddenly take an angle and go over one block because
10:47:44 it's the only way to make the network work.
10:47:47 And in this particular case, yes, it will force a minimal
10:47:50 amount of traffic one block out of the wait top get to a
10:47:55 signalized intersection.
10:47:57 >> You don't have a number as to a traffic study?
10:48:00 >> No, sir, I do not.
10:48:01 >>MIKE SUAREZ: Could I get city staff?
10:48:03 Could you answer that same question?
10:48:04 >> No, but there is a representative from transportation
10:48:07 here to answer your question.
10:48:08 >> Scott, transportation planning.
10:48:16 We did look at the impact here.
10:48:25 Basically, traffic from residential houses to the west
10:48:32 connects to the intersection at Dr. Martin Luther King
10:48:34 Boulevard from the roadway here.
10:48:38 Here is the vacated part.
10:48:41 We did look at roughly about 15 single-family houses, trips,
10:48:49 about 44 -- daily trips.
10:48:52 That's about what they would impact.
10:48:55 If that answers your question.
10:48:57 >>MIKE SUAREZ: I have another question.
10:48:58 Do we have anyone here from legal department concerning
10:49:03 Come on up.
10:49:08 Do you have any idea of these that we have done that we are
10:49:11 getting a street closed to an alley?
10:49:16 I don't think I have done any since I have been on council.
10:49:18 My question to you is what kind of precedence does this set
10:49:21 for any other requests concerning vacation of a
10:49:25 Excuse me, a street, a functioning street?
10:49:28 >> I can think of at least one other that you have approved
10:49:33 recently, and that was --
10:49:35 >> It was a right-of-way?
10:49:36 >> Councilman Cohen is nodding his head.
10:49:40 >> Oregon and gray.
10:49:43 >> That's right.
10:49:44 That's right.
10:49:44 So there's one other in the last year or two.
10:49:47 >>MIKE SUAREZ: What do you see in your legal expertise in
10:49:51 terms of these types of vacations?
10:49:53 I know we don't do a lot of them.
10:49:55 I just wanted to find out what your expert opinion is in
10:49:58 terms of what this means legally for precedence.
10:50:01 >> Well, I can tell you generally what your legal standard
10:50:06 is, and that is whether it's in the public interest.
10:50:10 So your job essentially is to weigh the public versus
10:50:14 private interest.
10:50:14 If you find the public interest, vacate away.
10:50:19 >>MIKE SUAREZ: Okay, vacate away.
10:50:22 [ Laughter ]
10:50:28 I'm not sure how often we use that term.
10:50:31 But thanks very much.
10:50:31 I appreciate it.
10:50:33 Thank you, chair.
10:50:35 >>CHARLIE MIRANDA: I have Mr. Reddick and Mrs. Mulhern.
10:50:37 >>MARY MULHERN: Thank you, Mr. Chair.
10:50:40 Let me start off by saying first to staff, we don't want to
10:50:45 lose you out of East Tampa.
10:50:47 You are a value, and we definitely don't want to see you
10:50:53 As it relates to the impact on traffic, it's minimal, if
10:50:59 If you pass by this church on any given Sunday, even at the
10:51:08 early morning service, and if you come back, cars park
10:51:23 And as we speak of public interest, this is one opportunity
10:51:28 we have where this is strictly public interest, because I
10:51:36 would be more inclined to vacate this than to lose a
10:51:43 valuable commodity in our community.
10:51:45 [ Applause ]
10:51:46 And if we look at the potential, and if you look at
10:51:54 residents in that community, this is critical, and I think
10:52:09 it's critical that we do what is right for the public today,
10:52:13 because if you look out this morning, I don't know if that's
10:52:21 a church color code, but they are all in red.
10:52:24 So it tells you something.
10:52:26 So I just want to see if we speak of public interest, then
10:52:36 it's the right thing to do, because I didn't know, when the
10:52:40 pastor spoke, to relocate from that community where they
10:52:49 have been for many, many years.
10:52:52 So let this community stay on 49th and MLK and we should
10:53:06 all go there and celebrate.
10:53:08 >>MARY MULHERN: My question is for transportation, just a
10:53:12 real quick question.
10:53:18 I just wanted to make sure.
10:53:21 Your objection is based on the general idea of closing a
10:53:26 public street that has residential access?
10:53:31 >> That's correct.
10:53:32 >>MARY MULHERN: I just want to make sure.
10:53:36 That's it.
10:53:37 Thank you.
10:53:38 >>CHARLIE MIRANDA: Any other council members?
10:53:41 Petitioner, you still have some time left, I believe.
10:53:44 I'm not sure where is clock is.
10:53:47 >> They have ten minutes.
10:53:49 >>CHARLIE MIRANDA: You have ten minutes left.
10:53:50 Do you want to use it?
10:53:52 Not after the speech by Mr. Reddick.
10:53:55 [ Laughter ]
10:53:57 >> Well, just to piggyback on the comments by Councilman
10:54:06 Thank you very much for your passionate plea on our behalf.
10:54:12 We are a church in the community doing a lot for the
10:54:15 And we realize your job is to judge what is in the best
10:54:20 interest of our city.
10:54:21 But we believe if we remain in this city, in the City of
10:54:24 Tampa, that the work that we continue to do -- I mentioned
10:54:31 five days a week we serve a hot meal to those that are
10:54:34 Today we will serve over 200 people.
10:54:37 That will happen tomorrow.
10:54:38 It will happen next Monday.
10:54:39 It will happen next Tuesday.
10:54:40 It will happen next Wednesday.
10:54:42 In addition to that, we have children, our youth, and we can
10:54:53 do it anywhere.
10:54:53 But I have been asked before, why don't you just go
10:54:56 somewhere else, where you have a huge piece of property and
10:54:58 do whatever you want on it?
10:55:02 And as I stated earlier, that it would change who we are.
10:55:06 It would change what we do.
10:55:08 We would become something else.
10:55:10 And so my feeling is that all things considered, we would
10:55:17 greatly appreciate the council's decision to allow us to
10:55:20 maintain this.
10:55:21 Thank you very much.
10:55:22 >>CHARLIE MIRANDA: Thank you, doctor.
10:55:23 I appreciate it very much.
10:55:30 >>YVONNE CAPIN: Move to close?
10:55:32 >>CHARLIE MIRANDA: Well, we are going to have the public if
10:55:34 they wish to speak.
10:55:35 I am not asking you not to come up, but you already had one
10:55:38 council member who spoke, I think, for all 148 of us.
10:55:42 I can count the red shirts.
10:55:43 [ Laughter ]
10:55:51 I enjoy this once in a while.
10:55:53 But anyone want to be speak?
10:55:56 Thank you so very much.
10:55:57 I have a motion to close by Mrs. Capin.
10:56:00 >>YVONNE CAPIN: And by the way, I love the red and white.
10:56:06 Very good colors.
10:56:10 [ Laughter ]
10:56:12 >>CHARLIE MIRANDA: I have a motion to close by Ms. Capin.
10:56:15 Seconded by Mrs. Mulhern.
10:56:17 All in favor of the motion to close?
10:56:19 The ayes have it unanimously.
10:56:20 Mr. Reddick, would you kindly read this ordinance?
10:56:23 >>FRANK REDDICK: Move an ordinance for first reading
10:56:26 consideration, an ordinance vacating, closing,
10:56:27 discontinuing, abandoning a portion of right-of-way known as
10:56:30 33rd Avenue in Campobello subdivision in the City of Tampa,
10:56:39 Hillsborough County Florida the same being more fully
10:56:42 described in section 1 hereof subject to certain easement
10:56:45 reservations, covenants, conditions and restrictions more
10:56:49 particularly set forth herein, providing an effective date.
10:56:50 >> Second.
10:56:52 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick, a second
10:56:54 by Mr. Suarez.
10:56:55 Further discussion by council members?
10:56:56 All in favor of the motion please signify by saying aye.
10:57:00 Opposed nay.
10:57:00 Motion passes unanimously.
10:57:03 Thank you all very much for appearing.
10:57:05 [ Applause ]
10:57:07 >> Thank you.
10:57:15 I'm very glad that passed.
10:57:17 But I want everyone to know, I'm glad it passed.
10:57:24 And I have been there many times.
10:57:25 And you are absolutely right.
10:57:26 Every time, it is just packed with people, and doing the
10:57:30 good work for the neighborhood.
10:57:32 Also down 29th, I just have to say this, if you look
10:57:37 down, there's a little strip center there.
10:57:39 It is owned by Nelson Capriccio who has his own health
10:57:46 challenges now, but more importantly, his father owned a
10:57:50 grocery store there, and they made home made Italian
10:57:54 And he went to Spain, and he made a deal in Spain with
10:57:58 someone who made authentic Spanish cuerito, and it is the
10:58:07 best authentic Spanish food from this wonderful church.
10:58:14 And I want to say a shoutout to Nelson Capriccio who has his
10:58:21 own health challenges now, and you are familiar with his
10:58:24 little place there.
10:58:24 So I just wanted to say great neighborhood.
10:58:27 Great neighborhood.
10:58:31 >>CHARLIE MIRANDA: Okay.
10:58:31 >> October 17th at 9:30 a.m.
10:58:45 >>CHARLIE MIRANDA: October 17th.
10:58:47 We go to item 33.
10:59:03 You can speak.
10:59:15 It's very quiet.
10:59:16 [ Laughter ]
10:59:17 >>BARBARA LYNCH: Land Development Coordination.
10:59:21 C-13-08 is a request to vacate an alleyway in the community
10:59:26 of Tampa Heights historic downtown.
10:59:30 It's an alleyway that lies between 7th Avenue and
10:59:33 Henderson and runs from Tampa street to Franklin street.
10:59:36 I have a map on the overhead.
10:59:42 The property is in red and the alley to be vacated is in
10:59:46 As you notice, the petitioner owns all the property.
10:59:52 I have some photos of this.
10:59:55 It's the alleyway looking south on 7th Avenue.
10:59:57 It is improved.
11:00:01 And then this is another picture of the alleyway looking
11:00:04 north of Henderson Avenue.
11:00:09 And this is a picture of the property looking east from
11:00:12 Tampa street.
11:00:18 I believe a pool hall.
11:00:21 Then the petitioner's property looking north of Henderson
11:00:26 And another shot from Henderson Avenue showing the parking
11:00:28 area on the other side.
11:00:32 The alleyway does not continue to the south, and to the
11:00:36 north of the alley is the free library locate add cross
11:00:42 Staff has no objections to this request.
11:00:45 And does require easements from Verizon and wastewater.
11:00:53 >>CHARLIE MIRANDA: Petitioner?
11:00:53 >> My name is Philip Clarke, attorney at Kass Shuler, the
11:01:04 designated agent and counsel representing the joint
11:01:07 petitioners who are Tampa Baker LLC, Morito, and the Arcos
11:01:14 Trust, the owners of the entire block, and all of the
11:01:17 persons who will be impacted by this vacating.
11:01:20 The alley currently divides the property and is preventing
11:01:25 any development of that block.
11:01:29 It's permanent usage is a vacant building, baker pool hall,
11:01:34 really a crumbling parking area.
11:01:38 The proposed development for the northern half of the
11:01:40 property would be professional office space that cannot
11:01:44 proceed without a vacation of this alley, it will enhance
11:01:48 the tax base, and we think will improve the neighborhood.
11:01:52 We would urge the council to vacate away.
11:01:56 [ Laughter ]
11:01:58 >>CHARLIE MIRANDA: Anyone in the audience care to speak on
11:02:00 item number 33?
11:02:03 Anyone in the audience care to speak on this item?
11:02:07 I see no one.
11:02:08 I have a motion to close by Mr. Cohen.
11:02:11 Seconded by Mrs. Montelione.
11:02:13 All in favor of the motion to close, please signify by
11:02:16 saying aye.
11:02:16 Opposed nay.
11:02:17 The ayes have it unanimously.
11:02:20 Ms. Capin, would you like to take number 33, please?
11:02:27 >>YVONNE CAPIN: An ordinance being presented for first
11:02:29 reading consideration, an ordinance vacating, closing,
11:02:31 discontinuing, and abandoning an alleyway lying south of
11:02:35 7th Avenue, north of Henderson Avenue, east of the Tampa
11:02:39 street and west of Franklin Street, legally described in
11:02:42 section 1 hereof subject to certain easements reservations,
11:02:46 covenants, conditions and restrictions more particularly set
11:02:50 forth herein, providing an effective date.
11:02:53 >>CHARLIE MIRANDA: I have a motion for approval of the
11:02:56 Seconded by Mr. Suarez.
11:02:58 Further discussion by council members?
11:03:00 This is first reading.
11:03:01 All in favor of the motion?
11:03:04 Motion passes unanimously.
11:03:05 >>THE CLERK: Second reading and adoption will be held
11:03:09 October 17th, 2013, at 9:30 a.m.
11:03:14 >>CHARLIE MIRANDA: Thank you very much.
11:03:15 We go to information reports from right to left.
11:03:17 Mr. Suarez.
11:03:18 >>MIKE SUAREZ: Thank you, chair.
11:03:20 I have a couple commendations I ask council for a
11:03:26 commendation, City of Tampa's Hispanic heritage committee at
11:03:30 their 25th annual Hispanic heritage celebration,
11:03:33 Tuesday, October 29th, 11 a.m. over at the Tampa
11:03:37 >> Second.
11:03:39 >>CHARLIE MIRANDA: You will be perform, I understand?
11:03:41 >>MIKE SUAREZ: I understand me and maybe some other person.
11:03:46 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez, second by
11:03:48 Mrs. Montelione.
11:03:49 All in favor of the motion?
11:03:52 Motion passes unanimously.
11:03:53 >> Hopefully won't keep people from coming.
11:04:03 Also, I ask council for a commendation to Alan gray for his
11:04:07 recognition as the City of Tampa homeowner winner in the
11:04:10 2013 city waterwise award, and that's to be presented here
11:04:15 on November 7th at 9:00 a.m.
11:04:17 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez.
11:04:19 Seconded by Mrs. Montelione.
11:04:21 All in favor?
11:04:23 Motion passes unanimously.
11:04:26 Thank you very much.
11:04:30 >>YVONNE CAPIN: I just have a couple of statements.
11:04:32 I want to say the designation to design and implement the
11:04:35 multi-million dollar television studio and headquarters of
11:04:39 the eastern U.S. for CNN latino is to be housed in what is
11:04:45 for me and many Tampa citizens filled with memories, quest
11:04:53 department store.
11:04:53 What a win.
11:04:54 What a win.
11:04:55 Well done.
11:05:11 >>CHARLIE MIRANDA: Medium rare, well done and medium well
11:05:18 >>YVONNE CAPIN: And I want to say last week on my first day
11:05:23 back to council, and I just have to say, hundreds, literally
11:05:29 hundreds of notes have been sent to me and my family upon
11:05:34 the death of my husband, and now reading them gave such
11:05:41 comfort, notes that were so thoughtful and filled with
11:05:47 All these notes of support helped me to bring me to a place
11:05:50 that I could keep a promise.
11:05:58 To return to the work that I love, and I feel is so
11:06:05 And soap I won't all to know the part that they played in
11:06:10 helping me keep my promise.
11:06:11 Thank you.
11:06:16 >>CHARLIE MIRANDA: Thank you very much.
11:06:17 Thank you very much.
11:06:17 Mr. Reddick.
11:06:18 >>FRANK REDDICK: Just one item, Mr. Chair, and that is a
11:06:21 commendation, October 17, 9:00 a.m., to Tampa police officer
11:06:27 Reginald Williams who continues to work in the community to
11:06:31 make sure that crime initiative is taken care of.
11:06:39 >>CHARLIE MIRANDA: Motion by Mr. Reddick.
11:06:40 Seconded by Mrs. Montelione.
11:06:42 All in favor?
11:06:43 The ayes have it unanimously.
11:06:46 Mrs. Mulhern.
11:06:47 >>MARY MULHERN: None.
11:06:51 >>CHARLIE MIRANDA: Excellent.
11:06:53 [ Laughter ]
11:06:58 >>LISA MONTELIONE: October 8th, Ragan park, 6:30
11:07:17 >>CHARLIE MIRANDA: Well, three for three at the end.
11:07:18 What a wonderful day.
11:07:20 We need a motion to receive and file all the documents.
11:07:23 Seconded by Mrs. Montelione.
11:07:25 All in favor?
11:07:27 The ayes have it unanimously.
11:07:29 All you 500 like to speak at one time?
11:07:31 This is a general public comment section.
11:07:33 I see three good people in the back.
11:07:35 Would you like to speak?
11:07:38 You just like to write.
11:07:40 Thank you very much.
11:07:40 I need -- anything else to come before us? We stand
11:07:47 Thank you very much.
11:07:48 (City Council meeting adjourned.)
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