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Tampa City Council

Thursday, October 24, 2013

5:30 p.m. Session


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05:33:22 [Sounding gavel]

05:33:23 >>CHARLIE MIRANDA: City Council is called to order.

05:33:25 Roll call.

05:33:25 >>MIKE SUAREZ: Here.

05:33:29 >>MARY MULHERN: Here.

05:33:30 >>HARRY COHEN: Here.

05:33:32 >>CHARLIE MIRANDA: Here.

05:33:35 Okay.

05:33:35 Item number 1.

05:33:41 The resolution setting an adoption public hearing on

05:33:44 November 14th for the year 2013 at 5:30.

05:33:48 >> So moved.

05:33:50 >> Second.

05:33:51 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez.

05:33:52 Second by Mr. Cohen.

05:33:53 All in favor of the motion?

05:33:55 Opposed?

05:33:56 The ayes have it unanimously.

05:33:59 All right.

05:34:00 Item number 2 is a public hearing, non-quasi-judicial

05:34:04 proceeding.

05:34:07 Who is doing the presentation?

05:34:08 I know I'm not.

05:34:09 >> Richard Davis.

05:34:16 And I'm here on behalf of the applicant for the

05:34:18 comprehensive plan amendment.

05:34:20 And we respectfully request a continuance as noted in the

05:34:25 materials.

05:34:25 We are working with the neighborhood on developing responses

05:34:29 to particular issues, as well as, council, we anticipate

05:34:33 between now and the next public hearing, we will also file a

05:34:37 companion PD which will take our process with the

05:34:42 neighborhoods to the next level.

05:34:43 So we --

05:34:44 >>CHARLIE MIRANDA: What do we have in November and

05:34:46 December? I don't know what we have in November, how many

05:34:49 cases we have got.

05:34:49 >> November 14th evening session, there is one

05:34:59 annexation, public hearing rezoning public hearings and a

05:35:04 cultural assets committee report.

05:35:06 >>CHARLIE MIRANDA: Seven hearings.

05:35:14 November.

05:35:14 Do you have time to work it out between November and

05:35:16 November 19th?

05:35:20 14th?

05:35:23 Rebecca, do you have any problem with that?

05:35:25 >>REBECCA KERT: No.

05:35:28 I would just like to call to your attention I believe at

05:35:32 nature you have an additional plan amendment which is not

05:35:35 yet calendared.

05:35:36 >>HARRY COHEN: Well, I move the continuance to November

05:35:52 14th at 6:00 p.m.

05:35:54 >>CHARLIE MIRANDA: Anyone in the audience here to speak on

05:35:56 the continuance portion request only?

05:36:00 I see no one.

05:36:03 Let me go back and open these public hearings, because one

05:36:08 was a resolution, and I want to make sure that item 2, 3, 4,

05:36:14 5 and 7 are open.

05:36:16 Need a motion.

05:36:17 Motion by Mr. Suarez.

05:36:18 Second by Mr. Cohen.

05:36:19 All in favor of the motion indicate by saying aye.

05:36:22 Opposed nay.

05:36:22 The ayes have it unanimously.

05:36:24 On item number 2, the petitioner has requested a change,

05:36:29 continuance to November 14th at 6:00 p.m.

05:36:36 I have a motion by Mr. Cohen, seconded by Mr. Suarez on a

05:36:39 close vote with Mrs. Mulhern.

05:36:41 And anyone in the audience that wants to speak for or

05:36:45 against the continuance?

05:36:46 I see no one.

05:36:48 Need a motion to close.

05:36:48 >> So moved.

05:36:53 >>CHARLIE MIRANDA: I'm sorry, motion to continue, Mr.

05:36:56 Suarez, to the 14th of November.

05:37:01 The ayes have it unanimously.

05:37:03 That's continued.

05:37:04 Item number 3.

05:37:05 >> Number 3 through cannot be heard until 6:00 p.m.

05:37:12 >>CHARLIE MIRANDA: I just wanted to see how fast you could

05:37:14 get up to the mike.

05:37:16 All right.

05:37:17 In that case, we stand in recess until 6:00.

05:37:22 >> (City Council in recess until 6:00 p.m.)



06:02:13 [Sounding gavel]

06:02:14 >> City Council is called to order. Roll call.

06:02:16 >>MIKE SUAREZ: Here.

06:02:20 >>FRANK REDDICK: Here.

06:02:22 >>HARRY COHEN: Here.

06:02:23 >>MARY MULHERN: Here.

06:02:24 >>CHARLIE MIRANDA: Here.

06:02:27 Okay.

06:02:29 The 6:00 public hearing, items 3 and 4 are

06:02:34 non-quasi-judicial.

06:02:36 And I need a motion to open hearings 3, 4, 5, 6 and 7.

06:02:41 >> So moved.

06:02:42 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez to open

06:02:44 the hearings.

06:02:45 Seconded by Mr. Cohen.

06:02:46 All in favor of the motion?

06:02:48 Opposed?

06:02:49 The ayes have it unanimously.

06:02:52 As we go along, 5, 6 and 7, those are quasi-judicial so we

06:02:57 are going to ask you in a little bit to take the oath and be

06:03:00 sworn in.

06:03:01 We go to item number 3 first.

06:03:03 >> Good evening, council.

06:03:10 City attorney's office, on item number 3.

06:03:12 This item is the first of two public hearings for the

06:03:14 proposed area designation for the Tampa Waterworks Park

06:03:19 property, 1812 north Highland.

06:03:21 This designation is proposed by the city's administration in

06:03:25 conjunction with the planned redevelopment of the Waterworks

06:03:29 Park.

06:03:31 As you know, the park is the site of the old Tampa water

06:03:34 works building, which was used as a pump station to

06:03:40 distribute potable water to city residents.

06:03:43 The site has also formally been used as a maintenance

06:03:49 facility by the city's department of public works.

06:03:53 Any questions you may have regarding the staff report we

06:03:56 submitted as part of your backup material, Mr. Fahey is here

06:04:00 to answer those.

06:04:01 Just as a remainder no action on your part tonight.

06:04:04 This is simply a public hearing for you to receive public

06:04:06 comments.

06:04:07 >> Questions by council members?

06:04:10 Anyone in the audience care to speak on item number 3 on the

06:04:13 brownfield designation for rehab of the 5.59 acres in the

06:04:21 vicinity of 1812 north Highland Avenue?

06:04:23 Public hearing.

06:04:24 Anyone in the public care to speak on item number 3?

06:04:26 I see no one.

06:04:28 I have a motion to close by Mr. Reddick.

06:04:30 Seconded by Mr. Cohen.

06:04:31 All in favor of the motion?

06:04:32 Opposed?

06:04:33 The ayes have it unanimously.

06:04:35 Let me also say that the second hearing will be held on

06:04:38 November 7th the year 2013 at 10:30 in the morning.

06:04:44 Thank you very much for attending.

06:04:46 Item number 4.

06:04:47 >> Cathy Ginster, city attorney's office, here on the first

06:04:56 public hearing, similar to the last you heard for brownfield

06:05:02 designation for city owned property located at 1103 north

06:05:06 Nebraska Avenue.

06:05:07 This is the first two of public hearings that are required

06:05:09 under the brownfield redevelopment statute.

06:05:12 And the staff report is on file at the city clerk's office

06:05:19 for public view.

06:05:20 And the second public hearing is scheduled for November

06:05:22 7th at 10:30 a.m. where council is going to be requested

06:05:28 to approve the designation of the property.

06:05:30 >>CHARLIE MIRANDA: Thank you very much.

06:05:31 Any comments by council members?

06:05:32 Anyone in the audience care to speak on item number 4?

06:05:35 It's property December -- brownfield designation, 1.54 acres

06:05:41 inside the City of Tampa.

06:05:42 Anyone want to speak on item number 4?

06:05:44 Need a motion to close.

06:05:46 Motion to close by Mr. Reddick, seconded by Mr. Suarez.

06:05:50 Further discussion by council members?

06:05:51 All in favor of the motion to close?

06:05:54 Opposed?

06:05:55 The hearing is closed.

06:05:56 Now, items 5, 6 and 7 are quasi-judicial, and they are a

06:06:01 little different so the clerk will swear in anyone who

06:06:03 thinks about, will think about or wants to speak at this

06:06:06 time.

06:06:06 (Oath administered by Clerk)

06:06:17 >>CHARLIE MIRANDA: Item number 5.

06:06:19 >>CATHERINE COYLE: Planning and development.

06:06:23 The first item, C-13-09 is the vacating for multiple

06:06:28 rights-of-way of way within the area known as the Heights.

06:06:32 This particular item and the next item are related.

06:06:36 I spoke with Mr. Shelby before the hearing earlier today.

06:06:39 We talked about how we basically discuss them in order and

06:06:45 combining them.

06:06:46 First I will go through the vacating, and just to outline

06:06:49 the rights-of-way that are being proposed to be vacated, and

06:06:53 then I would like to move straight into the rezoning, to

06:06:56 have you understand how the grid works, how the grid is

06:06:59 actually going to be changed, and then talk about the

06:07:02 entitlements.

06:07:03 >>CHARLIE MIRANDA: Ms. Montelione?

06:07:05 >>LISA MONTELIONE: Ms. Coyle, before we get started, I just

06:07:09 want to say, we talked about this briefly about 30 seconds

06:07:13 ago before we walked out here, and I just spoke to Mr.

06:07:18 McDonaugh as well.

06:07:19 And some of this backup material we only got at 10:30 this

06:07:25 morning.

06:07:25 And this backup material, you just gave to the me a minute

06:07:32 and a half ago.

06:07:33 So none of us had the opportunity to review the site plan.

06:07:38 It wasn't available in the conference room as it usually is

06:07:41 before land use meetings, just got the community design

06:07:47 standards.

06:07:48 In fact dated October 23rd.

06:07:51 And we don't have the development order, which is on the

06:07:55 calendar for hearing November 7th.

06:07:58 So within the staff report and within some of the other

06:08:03 documents it refers to the development agreement, which we

06:08:07 will not see probably for another couple of days.

06:08:11 Mr. McDonaugh said we would probably have it in a couple of

06:08:14 days which I'm guessing is Monday or Tuesday of next week.

06:08:17 So I'm not sure how -- I don't know, I can't speak for the

06:08:22 rest, but I don't know how I can look at it, analyze it,

06:08:25 relate to it, and make a decision based on either things

06:08:28 that I am just seeing for the first time right now,

06:08:31 literally, or things that I won't see for another few days.

06:08:36 And I just want to start out by making that statement, and

06:08:41 might be subject to a lot of questions, or I don't know that

06:08:45 I can comfortably make a decision on how I feel about going

06:08:50 forward without having that information, or having reviewed

06:08:53 the information.

06:08:53 >>CATHERINE COYLE: I understand.

06:08:56 You are correct.

06:08:56 The site plan and the final revision of them came in

06:09:02 yesterday, and it has been myself and the rest of the team

06:09:05 working with the developer to revise and recraft those

06:09:08 documents to make sure that they are reconciled with current

06:09:12 code, and with current process, and to clean them up.

06:09:15 What I want to make council aware of -- and I don't think

06:09:18 any of you were on council when the last one was actually

06:09:20 adopted, but this is not a new building.

06:09:23 It is a PD-A that already exists.

06:09:27 Two of you were, okay.

06:09:29 It's been a very long time for myself since I did it.

06:09:34 Well, 2006.

06:09:35 So it's seven-plus years since it was adopted originally.

06:09:39 But what you will notice in the staff report -- and I

06:09:44 brought extra copies for you as well -- I am did give you a

06:09:47 comparison of entitlements, and the entitlements are

06:09:50 identical as far as the number of units, square footage,

06:09:53 commercial and so on.

06:09:54 And what this was for the rezoning purposes is really to

06:09:59 update and refresh the design standards to match an example

06:10:05 the streetlights that we are using in Waterworks Park, the

06:10:08 developer is modeling his material after that, and it's also

06:10:14 to model itself after the latest code because the code has

06:10:19 changed since 2006.

06:10:20 So it took awhile to get through all those revisions.

06:10:23 And that's actually what's before you today.

06:10:26 So it's not brand new rezoning.

06:10:29 It's a re-rezoning, what we call it.

06:10:33 So I can move forward with the vacating if you like, just to

06:10:37 start.

06:10:38 >>CHARLIE MIRANDA: Ms. Mulhern.

06:10:40 >>MARY MULHERN: (off microphone) I was not here in 2006.

06:10:46 I started in 2007.

06:10:47 But is this the old project -- that did come in front of us,

06:10:56 all of the rezonings.

06:10:57 I don't know if the land use changes did, but the

06:11:01 development agreement, the rezoning.

06:11:05 And there was a revision -- Councilman Montelione has backup

06:11:11 materials that hi don't.

06:11:13 >>LISA MONTELIONE: This was handed to me literally five

06:11:15 minutes ago.

06:11:17 >> I was going to hand it out.

06:11:19 I haven't gotten to the rezoning yet.

06:11:21 She specifically wanted her copy so I gave her the copy.

06:11:24 >>MARY MULHERN: Okay.

06:11:28 >>CATHERINE COYLE: The vacating marked in yellow, there are

06:11:31 14 alleys on 7th street requested to be vacated.

06:11:35 There are also two rights-of-way, two streets being reduced

06:11:39 from 65 to 50 feet.

06:11:41 This is modeled after the previous vacating which actually

06:11:44 started in '11, the additional vacating.

06:11:50 There are certain hurdles noted in the ordinance that the

06:11:53 developer has to be actually meet in order for the streets

06:11:56 to be fully vacated.

06:11:57 However, there are specifically noted was Palm Avenue, in

06:12:04 the previous vacating Palm Avenue was being vacated and

06:12:07 realigned slightly.

06:12:09 He's actually leaving palm open, and as dedicated

06:12:12 right-of-way, and retooling it slightly with potential

06:12:16 traffic circles for better circulation which you will see in

06:12:19 the rezoning.

06:12:21 So there is a fair reduction in square footage being

06:12:24 vacated.

06:12:26 And just to show you some of the pictures, this is one of

06:12:33 the allies looking west from Garcia.

06:12:35 Many of these allies are actually unimproved and the streets

06:12:40 are unimproved as well, so you wouldn't see most of them if

06:12:43 you were out there.

06:12:45 They are on a map.

06:12:46 Some of the allies are improved with asphalt or broken up

06:12:49 materials.

06:12:49 This is actually an alley, plotted alley looking east from

06:12:53 Garcia.

06:12:54 This is another alley that's platted looking south from OLA.

06:13:03 This is property looking west from OLA.

06:13:06 This is alley looking north from palm.

06:13:10 You can see many of these are unimproved.

06:13:12 They are just on a map.

06:13:13 This is an alley looking north from palm.

06:13:16 This is OLA Avenue looking south from Palm Avenue.

06:13:19 And this is one of the rights-of-way that has the strip

06:13:26 being vacated.

06:13:27 This is Massachusetts looking north from palm.

06:13:29 This is obviously the street, not an alley.

06:13:33 This is another alley looking west from Massachusetts.

06:13:38 This is an alley looking east from Massachusetts.

06:13:43 This is the one segment that does exist at Garcia at palm,

06:13:48 shoots north up to --

06:13:50 >>CHARLIE MIRANDA: Let me stop you there.

06:13:53 You still have the floor, Ms. Mulhern, and then I have got

06:13:57 Ms. Capin.

06:13:57 >>MARY MULHERN: I'm sorry.

06:14:01 They asked me to vacate?

06:14:03 >> He's asking to vacate that and the reason being by

06:14:06 keeping palm open and the configuration of the grid he's

06:14:09 actually creating a two-way palm.

06:14:12 Palm will no longer be just in.

06:14:15 He's looking at creating a two-way palm and redoing the

06:14:18 intersection on North Boulevard for better flow.

06:14:21 >>YVONNE CAPIN: But two ways from North Boulevard to

06:14:27 Garcia, because otherwise it's two way, correct?

06:14:34 I don't understand why we are vacating Garcia.

06:14:38 That to me seems excessive.

06:14:43 Vacating all the alleys.

06:14:46 But Garcia, to the neighborhood it's like cutting off the

06:14:53 other neighborhoods from this part.

06:14:56 When I look at all that's being vacated, it looks like to

06:15:00 me.

06:15:04 That's my thought.

06:15:04 >>CHARLIE MIRANDA: Let me say this.

06:15:08 I have a different view on that. I don't think -- at 5:00

06:15:15 or 6:00 you take that exit, you take your life in your

06:15:18 hands.

06:15:18 You just can't do it.

06:15:20 But I do take this.

06:15:22 I go Florida to palm, left on palm, and when I turn here,

06:15:26 about two days ago, I was in the turn, and it was still 16

06:15:31 cars behind me.

06:15:33 So it does get backed up.

06:15:34 And let me tell you that road is in terrible shape.

06:15:37 That one and the one just north of it.

06:15:41 Today, when I passed by going home, on break, they were

06:15:46 fixing the potholes.

06:15:48 But it looks like measles.

06:15:53 >>CATHERINE COYLE: The other thing to take in perspective,

06:15:55 and I take this route a lot, too, the traffic on palm, and

06:16:00 because it's one way in from North Boulevard --

06:16:03 >>CHARLIE MIRANDA: It's a hazard.

06:16:04 >> It's forcing the traffic north directly into

06:16:06 single-family homes.

06:16:09 So by two way from North Boulevard --

06:16:15 >>CHARLIE MIRANDA: When you are heading east coming this

06:16:16 direction, again, that intersection there, they yell keep

06:16:23 going because nobody stops there.

06:16:24 You can have an accident there anytime you go by there.

06:16:27 Ms. Capin?

06:16:28 >>YVONNE CAPIN: Well, I understand two waying.

06:16:32 I never did understand that little strip to Garcia.

06:16:39 But when I looked at all the vacating, I thought this was

06:16:42 the only avenue that's open to the other side.

06:16:48 >> I think in the rezoning you will see the grid and I think

06:16:51 it will make a little better sense, two connections north,

06:16:55 not just one.

06:16:58 This is Garcia Avenue looking south from palm.

06:17:03 It's like a little brick path, the back of the Metropolitan

06:17:08 Ministries.

06:17:09 This is Oak Avenue looking west from OLA.

06:17:13 This is an alley looking north from Oak.

06:17:17 Another alley looking north from Oak.

06:17:22 This is Massachusetts Avenue, which is essentially just

06:17:26 compressed gravel.

06:17:28 This is north from Oak Avenue.

06:17:31 This is another alley east, looking east from Massachusetts.

06:17:35 And this is an alley looking west from Massachusetts.

06:17:43 That will give you a highlight of the various alleys and

06:17:46 streets in the area.

06:17:49 Based on the conditions that have been worked through with

06:17:51 the utility agencies and the various departments within the

06:17:57 city, all objections have been removed from the vacating and

06:18:00 the conditions have been found satisfactory by both external

06:18:05 utilities and internal utilities.

06:18:06 And I believe there was an ordinance presented.

06:18:14 If I could, just to answer the bigger question, I will go

06:18:17 into the rezoning so you can get an idea of the grid itself.

06:18:43 I apologize for coughing.

06:18:54 >>MARTIN SHELBY: Ms. Coyle, there's only three copies of

06:18:56 this?

06:19:04 >>CATHERINE COYLE: I gave one to Ms. Mulhern.

06:19:07 They are very large.

06:19:13 just to highlight the zoning map -- and you can see in the

06:19:19 zoning map the various streets and alleys are platted.

06:19:23 And you will note that the bulk of the property is PD-A

06:19:27 already.

06:19:28 There are a couple of parcels that this particular property

06:19:30 owner, developer has been able to acquire.

06:19:33 So now the property does front Tampa street.

06:19:35 So it is a complete property up to the other arterial, which

06:19:39 is nice because they both have frontage now on one of the

06:19:44 main north-south areas of the city so there is additional

06:19:49 property that's zoned CI and CG included.

06:19:56 This is the current aerial for the property.

06:20:00 And you will note that the property has been cleared for the

06:20:03 most part, with the exception of the Metropolitan Ministries

06:20:08 which is there only temporarily during the holiday season.

06:20:10 The armature works building.

06:20:12 And the parcels in blue are the parcels that are not

06:20:15 included.

06:20:15 There is two single-family structures here and then the

06:20:19 little crab shack on the corner of Ross and Boulevard.

06:20:31 The site plan is four pages with various details on each.

06:20:35 But just to give you an overview, the grid itself, you will

06:20:38 note cuts essentially right here running north-south.

06:20:43 And Palm Avenue is eastbound only one way.

06:20:49 And you will note that now palm would become a two-way

06:20:52 circulator with a connection at Boulevard.

06:20:55 The traffic circle/roundabout at this intersection obviously

06:20:59 needs to be fully designed.

06:21:03 Pete is our chief design engineer with transportation has

06:21:07 given the conceptual okay to it.

06:21:10 It is come off the decline from this ridge, which can create

06:21:13 issues with visibility.

06:21:15 So it may be shifted a little to the north.

06:21:17 It just depends.

06:21:18 But we are looking at the opportunity to actually have the

06:21:21 two-way circulation which will improve traffic throughout

06:21:24 the area.

06:21:25 It will also take that traffic away from the northbound into

06:21:29 the residential.

06:21:31 And then we have the north connection here which breaks up

06:21:34 this big block that already exists, and bifurcates it.

06:21:39 >>HARRY COHEN: Councilman Capin?

06:21:43 >>YVONNE CAPIN: Which one of those at Garcia is going to

06:21:47 remain Garcia?

06:21:48 >> This is actually Garcia here.

06:21:56 I do know road names are always subject to change.

06:22:04 Massachusetts which doesn't exist on the north is the one

06:22:07 that will actually cut through and that way these blocks are

06:22:10 broken up into more walkable section.

06:22:12 Because right now, this is massive and very difficult to

06:22:17 walk, and it's a shorter distance.

06:22:20 >>HARRY COHEN: Councilman Mulhern.

06:22:25 >>MARY MULHERN: So what we are looking at right there --

06:22:28 oh, okay.

06:22:29 Leave it.

06:22:29 It will be helpful.

06:22:32 So these streets are new?

06:22:35 Some of them are new?

06:22:36 Or there's the existing grid.

06:22:46 >> Massachusetts is a platted right-of-way which doesn't

06:22:49 exist in an approved state but does exist -- however, what's

06:22:53 going to be happening, it's vacated because it's a direct

06:22:56 north-south 90º angle from palm.

06:22:59 It will be essentially replatted and shifted.

06:23:01 The reason for this angle is to maintain the view corridor

06:23:05 with a downtown angle.

06:23:07 As you know, our streets are angled downtown throughout the

06:23:11 city.

06:23:11 So the concept from its original concept is 2006, and this

06:23:15 developer is actually carrying it through, is that they

06:23:17 maintain those view corridors.

06:23:19 It's the first area right outside downtown to maintain those

06:23:22 view corridors.

06:23:23 >>MARY MULHERN: Here is what I am trying to ask you.

06:23:26 The streets that we are looking at on this map here, which

06:23:30 this looks like a different one but I'm sure it's the same,

06:23:34 okay, are those streets, these are not in the same place as

06:23:43 the two that they are asking to vacate, or they are?

06:23:48 >>CATHERINE COYLE: Some of them are.

06:23:50 Okay.

06:23:50 I'll show you an example here.

06:23:57 Different scale.

06:23:58 This quad block here, which is Oak, Highland, Tampa to the

06:24:02 east, and OLA, that is the quad block that's here.

06:24:05 >> That we are not changing?

06:24:11 >>CATHERINE COYLE: What are being vacated are the alleys and

06:24:14 strips along these rights-of-way.

06:24:15 >>MARY MULHERN: Why would we vacate public streets that are

06:24:20 still going to be --

06:24:23 >> You are not vacating the entire street.

06:24:25 You are vacating a small strip.

06:24:27 >>MARY MULHERN: A strip?

06:24:30 Along the side?

06:24:32 >> Along the side, on each side.

06:24:34 And that corresponds, correlates, rather, to the public

06:24:38 realm of business and the streetscaping that the developer

06:24:41 is going to do, and then the community development district

06:24:44 is actually going to change.

06:24:48 So an entire design angle.

06:24:52 That's why I mentioned the benches, streetlights.

06:24:57 He's actually adopting the row architect specifications that

06:25:01 we are using in Waterworks Park to carry it through the rest

06:25:03 of the development.

06:25:04 So there is continuity.

06:25:06 >> Okay.

06:25:11 So I guess what would be helpful then is somewhere, at some

06:25:19 point, we can compare on a map --

06:25:25 >>CATHERINE COYLE: An overlay?

06:25:27 >>MARY MULHERN: Yes.

06:25:28 What is being redrawn?

06:25:29 Then the question for me is as you go west and those angled

06:25:33 streets, are those new streets?

06:25:37 >>CATHERINE COYLE: It's all of the streets currently that

06:25:39 exist are perpendicular, 90º streets, with the exception of

06:25:45 those that have a slight bend right there, but not the same

06:25:48 type of bend.

06:25:48 So essentially what's happening is the road that's Oak that

06:25:53 runs behind the armature works building to the north,

06:25:57 carries all the way through to Garcia.

06:25:59 That segment is staying here and will connect to the new

06:26:03 Massachusetts.

06:26:04 Massachusetts today is only this little leg that connects

06:26:08 back to Oak, but it's not improved.

06:26:10 There's no physical connection.

06:26:12 Society what he's doing is taking Massachusetts on that

06:26:14 angle following the grid pattern from downtown and

06:26:16 connecting it all the way threw down to 7th Avenue.

06:26:19 These are new connections that don't exist today.

06:26:22 So it actually provides better -- this block right here as

06:26:27 it sits today, there's no connection.

06:26:31 And there's actually two connections, and especially at

06:26:37 river road.

06:26:39 >>MARY MULHERN: So right now, the item we are on is the

06:26:41 vacation, right?

06:26:44 >>CATHERINE COYLE: They are both open.

06:26:46 So I wanted to show you-oat.

06:26:48 >>MARY MULHERN: Is there somewhere where we can see

06:26:52 specifically what part of the existing public roads we are

06:26:56 being asked to vacate?

06:26:59 >>CATHERINE COYLE: It's in your staff report actually.

06:27:03 Map form.

06:27:07 >> A visual of it?

06:27:09 >>HARRY COHEN: I have Councilman Montelione.

06:27:28 >>CATHERINE COYLE: Mr. McDonaugh, good suggestion.

06:27:30 If you would like to see a graphic showing an overlay, and

06:27:34 given the time that you might want to digest some of this,

06:27:36 we could continue this to the next meeting and give you a

06:27:39 little time to digest it, for the develop oar to go back and

06:27:43 we can work on that one draft to show the overlay.

06:27:48 >>LISA MONTELIONE: That's where I opened the meeting

06:27:50 because I didn't want you to get too deep into this meeting

06:27:53 when we really -- we don't have -- I didn't get a brief --

06:28:01 I'm chair of the zoning, planning and preservation committee

06:28:04 and I had no briefing on this before.

06:28:06 And you know -- I mean, you are not in the briefing, but for

06:28:11 every zoning meeting we have, I have that briefing.

06:28:14 So I'm comfortable with what you are asking, or what the

06:28:17 applicant is asking for.

06:28:19 And this is a lot of information.

06:28:21 And we don't have -- as I stated at the top of the meetings

06:28:26 we don't have a lot of this information.

06:28:27 It's very difficult to get through it when we are being

06:28:30 handed everything during the meeting.

06:28:34 So that's why I brought that Hupp, because I didn't want to

06:28:38 get too far into the discussion.

06:28:43 The question I was going to ask when I asked to be

06:28:46 recognized by the chair was about the right-of-way, and it

06:28:51 kind of dovetails off of what Mrs. Mulhern is talking about.

06:28:55 So I don't know -- the applicant is the one that has to ask

06:28:59 for the continuance.

06:29:00 >>CHARLIE MIRANDA: Let me say this.

06:29:02 And I appreciate the remarks that you made.

06:29:04 I really do.

06:29:05 I had a meeting, what I have been out of the chair for, with

06:29:09 Mr. Shelby and others.

06:29:10 And I just don't want to put this council in that position,

06:29:15 that we don't see anything and we are going to vote on it.

06:29:19 And I know it's the right thing.

06:29:21 And I know it's best for the neighborhood and I know it's

06:29:23 best for the city, and I know it's the best for everyone

06:29:25 here, and I really appreciate you being here.

06:29:28 But the problem is that I don't want to get a track record

06:29:32 of striking out before you go to the plate.

06:29:34 And we haven't struck out, but we are at the plate, and we

06:29:40 are going to keep hitting these foul balls if we are going

06:29:42 to hit strike three down the middle.

06:29:45 It don't want a future developer to say, well, you did it

06:29:47 for them, are they special because it's the City of Tampa?

06:29:50 And it puts us in an awkward position where we are not used

06:29:53 to this.

06:29:54 We are used to having all the information here.

06:29:56 Even the distribution of the facts, and not even enough of

06:29:59 them to go around.

06:30:00 So what I'm saying is, I'm being apologetic to the audience

06:30:03 here, and to the administration.

06:30:05 But I believe you should ask for something more than what

06:30:09 you are getting, because you aren't going to get much.

06:30:11 >>BOB McDONAUGH: Economic development.

06:30:15 I apologize to council.

06:30:16 This has been a lot of negotiations which when we set these

06:30:24 dates I thought we would have more time and I apologize we

06:30:26 did not get the information to you sooner.

06:30:28 So I think a continuance is in the best interest of everyone

06:30:31 so people can get the information, have a chance to digest

06:30:34 it, understand the materials that we are talking about,

06:30:37 prior to the next meeting.

06:30:39 >>CHARLIE MIRANDA: I appreciate it.

06:30:40 But I don't know if it's up to the city.

06:30:43 You are the one -- the city is requesting the vacation --

06:30:47 vacating.

06:30:48 So I don't know if you or the developer is going to ask for

06:30:53 this.

06:30:54 That's up to legal to tell me.

06:30:55 >>LISA MONTELIONE: They are the one that has to ask.

06:31:04 >>YVONNE CAPIN: I want to say, yes, the questions seemed

06:31:07 very odd.

06:31:07 I saw people looking at us like, don't you know that

06:31:11 already?

06:31:11 And we didn't.

06:31:12 We just got this information.

06:31:13 But I will tell you on the surface, once we get to study it,

06:31:17 it looks really, really like something that I would love to

06:31:23 see in our city.

06:31:24 And as everyone knows I'm a real fan of roundabouts.

06:31:27 >> We are the applicant.

06:31:40 So I would ask.

06:31:44 >>CHARLIE MIRANDA: We are the applicant.

06:31:48 If it's confusing there, you can imagine on this side.

06:31:51 The city is the applicant on item 5.

06:31:55 >> And 6.

06:31:56 >>CHARLIE MIRANDA: And the city also on 6 and 7?

06:31:58 >> 2330 West Horatio, Tampa 33609.

06:32:13 We will be amenable to requesting a continuance on the

06:32:16 right-of-way.

06:32:16 I guess you are the applicant, we are the authorized agent

06:32:19 for that.

06:32:22 I would, however, ask you if you would consider hearing from

06:32:26 anyone who is here --

06:32:28 >>CHARLIE MIRANDA: I'll do that, sir.

06:32:29 We'll handle that.

06:32:30 That's our due diligence.

06:32:32 But it's only going to be on the continuance, not on the

06:32:35 application.

06:32:35 >> Understood.

06:32:36 >>CHARLIE MIRANDA: Okay.

06:32:42 Now, what date are we looking at?

06:32:44 >>HARRY COHEN: We did fill up the 14th of November with

06:32:50 a lot today.

06:32:51 So we could do it December 12th in the evening at 6:00 p.m.

06:32:59 >> Is there any way that you would be amenable to continuing

06:33:08 this to the daytime?

06:33:12 >> We have a whole neighborhood.

06:33:13 >>CHARLIE MIRANDA: I don't want to start.

06:33:15 That I have done it before when it's about that big.

06:33:17 Like two inches.

06:33:19 I don't know how many acres, how many closures, and how many

06:33:23 waivers.

06:33:24 I don't want to get into that habit of changing the format.

06:33:28 >> I just want to make sure when we are continuing this that

06:33:39 at least for my sake, and I think council will agree with

06:33:43 me, that we do have that overlay that Mr. McDonaugh

06:33:46 mentioned, really specific maps to show us what we are

06:33:50 vacating, and what part of what road and where the new roads

06:33:58 are going.

06:33:59 And I would also like to understand if we are we thinking --

06:34:03 creating new roads, you know, how much of the new roads are

06:34:09 going to be public roads and how much of that -- if some of

06:34:16 it is overlapping with existing roads, I'm a big proponent

06:34:22 of public streets and a grid.

06:34:30 >>HARRY COHEN: Let me say because of the Thanksgiving

06:34:32 holiday, our calendar options are a little constrained.

06:34:36 But Councilwoman Montelione made a suggestion that either

06:34:39 after our daytime meeting on the 7th we can have a

06:34:42 special called evening session.

06:34:43 We could do the same thing on December 6th.

06:34:46 >>LISA MONTELIONE: We just set the public hearing for the

06:34:54 development order to come on November 7th.

06:34:57 So if we continue this to the 7th, we will have the

06:35:01 development order and the development, the vacating, the

06:35:05 rezoning, all in the same day.

06:35:07 And for me, I think that's cleaner in my mind because you

06:35:11 are talking about the same subject and not destroying the

06:35:13 two and separating them out.

06:35:15 >> That all makes sense.

06:35:19 >>LISA MONTELIONE: Every now and then I have some logic.

06:35:21 >>HARRY COHEN: So would we be talking about a special

06:35:27 called meeting, say 5:00 on November 7th, which is a

06:35:30 Thursday?

06:35:32 We have a morning meeting that day.

06:35:33 >>CHARLIE MIRANDA: We have enough time to post that.

06:35:36 All right.

06:35:39 A continuance to November 7th at 6:00 be amenable to

06:35:45 you, both the city and the developer?

06:35:48 You have got to speak.

06:35:49 >>LISA MONTELIONE: And I would suggest the development

06:35:55 order that night at the same time.

06:35:57 >> We are amenable, too.

06:36:03 >>CHARLIE MIRANDA: City?

06:36:09 Mrs. Montelione, your statement again?

06:36:11 >>LISA MONTELIONE: The development order, I believe, is

06:36:13 coming during the daytime session and we just put the public

06:36:17 hearing during the day on the 7th.

06:36:19 And perhaps we can do that at night so we can hear all of

06:36:22 this together all at once.

06:36:23 >>CHARLIE MIRANDA: We can move that from the day meeting

06:36:29 with no problem.

06:36:30 >>REBECCA KERT: Just as a matter of procedure, you would

06:36:33 have to do it when it's scheduled.

06:36:35 >>CHARLIE MIRANDA: Well, we can at that time transfer it to

06:36:42 the night meeting?

06:36:43 Is that what you are saying?

06:36:45 Thank God I don't speak attorney language.

06:36:46 >> I'm sorry to have all these questions.

06:36:53 But the development order, we are taking up the development

06:36:56 order -- first of all, we scheduled it today for that date

06:37:02 before we knew if any of this was even going to pass.

06:37:07 Doesn't the development order come after the vacating and

06:37:10 the rezoning?

06:37:17 Isn't that too soon to schedule it, the same night? For

06:37:20 first reading?

06:37:22 >>MARTIN SHELBY: Council, legally you have to pass the

06:37:24 items you have tonight before you can have a contract that

06:37:27 binds the city and the developer to certain requirements.

06:37:33 The point is that there are -- the items definitely relate

06:37:38 to each other.

06:37:38 There are certain commitments that are made that both are

06:37:41 going to be binding upon the city and upon the developer

06:37:43 which may be relevant, which I'm sure will be relevant to

06:37:46 your discussion and decision.

06:37:48 So it would be my hope that you would have the benefit of

06:37:51 the development agreement as you make your deliberations

06:37:55 throughout this entire process.

06:37:57 >>MARY MULHERN: But does that mean that we are agreeing to

06:38:01 the development agreement at the same time at the first

06:38:04 reading?

06:38:05 >>MARTIN SHELBY: No.

06:38:10 Legally what you are doing is you are actually passing it to

06:38:16 a second reading and an adoption public hearing.

06:38:19 >>MARY MULHERN: We are handling it the same way we are

06:38:23 handling the rezoning?

06:38:26 That isn't what we were going to be doing.

06:38:29 We were going to be hearing it after.

06:38:32 Basically, if this had passed tonight, then we would have

06:38:37 been then contemplating the development agreement at the

06:38:39 second reading.

06:38:41 But because the second reading would have been scheduled for

06:38:43 that date.

06:38:45 So I think we need --

06:38:51 >> The way it's scheduled now is assuming for the sake of

06:38:54 argument that it would have passed tonight, you would be

06:38:59 voting on the first reading of the development agreement at

06:39:03 the same time that you would be doing the adoption -- the

06:39:07 same day as the adoption public hearing.

06:39:10 >>MARY MULHERN: The second.

06:39:13 It would have been: As it was set up today, I think

06:39:16 because -- Rebecca decided what should happen --

06:39:21 >>REBECCA KERT: Legal department.

06:39:22 What I would recommend is that you leave it scheduled as is

06:39:26 on that day.

06:39:27 We'll have additional information.

06:39:28 If you feel it's inappropriate we can talk about it then, if

06:39:31 it needs to be continued, but at the very least at this

06:39:33 point I would leave it where it is.

06:39:35 >>CHARLIE MIRANDA: Okay.

06:39:38 Both have agreed to change to November --

06:39:44 >>LISA MONTELIONE: Move to continue.

06:39:45 >>CHARLIE MIRANDA: Motion by Mrs. Montelione, second by Mr.

06:39:48 Cohen.

06:39:48 Before I take the vote to continue, anyone in the audience

06:39:51 care to speak on the change of date from now to November

06:39:55 7th only?

06:39:57 >>LISA MONTELIONE: And that would be at 5:30 on November

06:40:00 7th.

06:40:01 >>CHARLIE MIRANDA: Whatever time you want.

06:40:02 >>LISA MONTELIONE: I think 5:30, would be easier than 5:00.

06:40:09 >>CHARLIE MIRANDA: 5:30 November 7th the year 2013.

06:40:14 Would anyone like to speak on the change of time only from

06:40:18 today's date to November 7th?

06:40:20 >> 716 west -- I have been sworn in.

06:40:29 I have a problem with everything that you are talking about

06:40:31 changing the date, because it seems like all of a sudden

06:40:35 where we had a week or two to get this stuff and talk to you

06:40:37 all about it, now we are get it all should have had down our

06:40:41 throat and shoved in in one night.

06:40:42 And that concerns me, because this is a huge project.

06:40:45 And I really do like the project in total, but there are

06:40:49 some issues that are with it, and all being shoved down --

06:40:56 like you said, you didn't even have the information tonight.

06:40:59 That to me is a little strange.

06:41:00 You know what I'm saying?

06:41:01 I just prefer, like you said, you don't strike out one, two,

06:41:05 three, only in one night.

06:41:08 Like you mentioned earlier.

06:41:10 But even if you have to go into January to get all this

06:41:13 stuff done.

06:41:13 I prefer you do that and take your time looking at the

06:41:16 project and seeing what problems are with it before you go

06:41:19 and just try to go everything in one night and then at a

06:41:24 5:30 meeting where everybody has to come running from work

06:41:27 and because of traffic can't get down here in time.

06:41:30 So I would ask that you slow down and spread it out a little

06:41:33 more.

06:41:33 >>CHARLIE MIRANDA: Mrs. Montelione?

06:41:35 >>LISA MONTELIONE: I just want to say, actually, the way

06:41:40 that you state it was -- that it was going to be all done

06:41:45 one night and should have had down -- shoved down, but the

06:41:50 discussion that we would have had tonight, we are going to

06:41:52 have two more weeks to do just what you said, to work out, I

06:41:54 digest it, consider things, and then discussion.

06:42:01 I think we are actually taking more time to deliberate and

06:42:04 not shoving it all down anybody's throat, because we are

06:42:08 going to take these two weeks to really digest the

06:42:11 information.

06:42:12 Tonight ton me was the shove down your throat part.

06:42:15 >> I have been both of those.

06:42:18 Now the redevelopment portion to that same meeting.

06:42:20 And then --

06:42:23 >>LISA MONTELIONE: That was already scheduled for the

06:42:27 7th.

06:42:28 But I just think it's giving us a slower pace to really look

06:42:32 and do what you want us to do and do the due diligence we

06:42:36 need to.

06:42:36 >> I really think on this you need --

06:42:39 >>CHARLIE MIRANDA: Not any project, not just this one.

06:42:41 >> And you do need your time, slow down and tap good look at

06:42:47 it.

06:42:48 It looks like a good thing for the neighborhood.

06:42:50 But there are a lot of --

06:42:52 >>LISA MONTELIONE: That's why I wanted to wait a little bit

06:42:55 so I have time.

06:42:59 Thank you.

06:42:59 >>CHARLIE MIRANDA: Next, please.

06:43:00 >> Carrie Copsia, 4217 Culbreath Avenue.

06:43:08 I'm not immediately in the area of this project, but I'm

06:43:12 affected by it because it's a project in the City of Tampa.

06:43:17 And I think the problem with all the changing and continuing

06:43:22 is that it gives the impression that it's a done deal, and

06:43:26 people might feel like it's already going forward, and if

06:43:34 it's all in one night, people that don't really understand

06:43:37 the process, don't know why it didn't happen or what.

06:43:42 It just seems like it should be handled the way every

06:43:45 project is handled correctly, and not make special

06:43:51 provisions just because you want it passed.

06:43:53 >>MARTIN SHELBY: For the benefit of the public, what is

06:43:59 being requested tonight is to continue the first reading of

06:44:06 these three hearings.

06:44:08 What that means then is when you come back on the night of

06:44:12 the 7th, you will still have the full opportunity to

06:44:16 hear the presentation in full, and have the full opportunity

06:44:20 to speak to it and raise concerns, and those who speak in

06:44:26 favor of it or opposed to it can bring that up.

06:44:29 And then what happens then, just as it would tonight, it

06:44:32 would be continued for a period of two weeks, at least two

06:44:35 weeks -- I have to check the schedule -- but then it would

06:44:37 come back for second reading and then adoption public

06:44:40 hearing.

06:44:41 So just like any other case, it's going to be treated like

06:44:45 any other case, that you will have two opportunities at two

06:44:47 public hearings to be heard and to hear from others before

06:44:54 the City Council votes to take a position whether to adopt

06:45:00 it or not.

06:45:01 So in other words --

06:45:05 >> Is that closing the roads and changing the use and

06:45:08 allowing a liquor license and all these things were posted

06:45:12 for tonight.

06:45:14 >> And they will be continued because they are all

06:45:17 associated, they are separate hearings, and you will have

06:45:20 the opportunity to be speak to each of them.

06:45:22 >> But why are they being continued?

06:45:24 >>CHARLIE MIRANDA: Because if we did it tonight I would be

06:45:26 shoving it down somebody's throat because ourselves haven't

06:45:28 looked at it.

06:45:29 >> If we just start tonight or today.

06:45:34 But why?

06:45:35 The notice --

06:45:38 >>CHARLIE MIRANDA: The notice was up but the material was

06:45:41 never appreciated by seven council members, it was never

06:45:44 digested by seven council members, and we don't do business

06:45:47 that way.

06:45:48 We have to look at it, digest it.

06:45:50 >> No, I understand, but if the notice is going to be a

06:45:55 hearing, shouldn't they get to the you before the day --

06:45:59 >>CHARLIE MIRANDA: You are right.

06:46:01 That's why we are not moving forward.

06:46:02 >> Thank you.

06:46:09 >>CHARLIE MIRANDA: You're very welcome.

06:46:12 Thank you very much.

06:46:12 We are trying to protect everybody.

06:46:16 All right.

06:46:16 Let's change that time to 6:00.

06:46:18 Maker of the motion, can you restate the motion to 6:00?

06:46:22 >>LISA MONTELIONE: Sure.

06:46:23 I move to continue the vacation items 5, 6 and 7, the

06:46:31 vacation, the rezoning, and the alcohol beverage

06:46:36 consideration, permits, to November 7th at 6:00 p.m., in

06:46:40 council chambers.

06:46:43 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione.

06:46:44 The second was Mr. Cohen.

06:46:46 Further discussion by council members on that motion?

06:46:48 Anyone else want to speak?

06:46:49 All in favor of the motion please signify by saying aye.

06:46:52 Opposed nay.

06:46:54 Motion passes unanimously.

06:46:55 The hearing will be held November 7th at 6:00 p.m., the

06:46:59 year 2013.

06:47:00 >>MARTIN SHELBY: And to follow up again for the benefit of

06:47:04 the public that is the only notice that you will receive of

06:47:06 a continuance of these public hearings.

06:47:07 >>CHARLIE MIRANDA: Okay.

06:47:11 Thank you very much for attending.

06:47:21 Information by council members, left to right.

06:47:23 >>LISA MONTELIONE: No new business.

06:47:25 >>HARRY COHEN: No, thank you.

06:47:27 >>MARY MULHERN: No.

06:47:30 >>CHARLIE MIRANDA: Mr. Reddick?

06:47:32 Thank you.

06:47:32 >>YVONNE CAPIN: I want to remind everybody to mark their

06:47:40 calendar for Richard's run, last year collected $85,000 for

06:47:43 cancer research, March 1.

06:47:47 >>CHARLIE MIRANDA: Thank you very much.

06:47:54 Mr. Suarez?

06:47:56 >>MIKE SUAREZ: Everyone have a safe and happy Halloween

06:47:59 next week and we will be gone.

06:48:01 That's one Thursday we will not be here.

06:48:03 >>CHARLIE MIRANDA: Need a motion to receive and file any

06:48:05 documents.

06:48:05 Motion by Mrs. Montelione, second by Mr. Suarez.

06:48:08 All in favor?

06:48:08 Opposed?

06:48:09 The ayes have it unanimously.

06:48:10 Anything else to come before this board?

06:48:12 We stand adjourned.

06:48:17 >>


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