Tampa City Council
Thursday, December 19, 2013
9:00 a.m. Session
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09:08:20 [Sounding gavel]
09:08:22 >>CHARLIE MIRANDA: City Council is called to order.
09:08:26 [Sounding gavel]
09:08:26 City Council is called to order.
09:08:29 The chair yields to Mike Suarez.
09:08:31 >>MIKE SUAREZ: Thank you, chair.
09:08:37 Jim, come on up.
09:08:38 It's a pleasure to introduce Jim Reiss.
09:08:45 Jim is one of the great staff aides that we have here.
09:08:49 He has been helping out our Councilwoman Yolie Capin for
09:08:53 many years.
09:08:53 Before that Mr. Dingfelder.
09:08:56 And Jim's bio is kind of a diverse one.
09:09:00 He is the last successful quarterback at the University of
09:09:02 Minnesota before Tony Dungy, which I have got to tell you
09:09:06 there's a lot of years in between you and Tony Dungy.
09:09:08 And then Jim, of course, was on the town council in
09:09:13 Patchogue, New York, and was a town mayor and has been in
09:09:17 public service continuously for almost 50 years.
09:09:20 Jim, we welcome you here to bring the invocation.
09:09:23 Please everyone stand for the invocation and stay standing
09:09:25 for the pledge of allegiance.
09:09:27 Thank you, Jim.
09:09:27 >> From the power of all memory in history for high hopes
09:09:35 for the days that lie ahead, we gather for the destiny we
09:09:41 share with one another, we gather in the practice of
09:09:45 democracy, gather with hearts and minds open to the wisdom
09:09:48 and every voice among us.
09:09:50 In our gathering may we dream and design a bold future.
09:09:53 May we bring our best selves to this service and may we
09:09:57 dream these dreams and do this work with love.
09:10:02 And happy holidays.
09:10:03 (Pledge of Allegiance)
09:10:08 >>CHARLIE MIRANDA: Okay, roll call.
09:10:27 >>MIKE SUAREZ: Here.
09:10:30 >>FRANK REDDICK: Here.
09:10:32 >>MARY MULHERN: Here.
09:10:33 >>HARRY COHEN: Here.
09:10:36 >>CHARLIE MIRANDA: Here.
09:10:42 Need a motion to approve the minutes of the December 5th
09:10:46 Motion by Mr. Cohen, second by Mr. Suarez.
09:10:48 Further discussion by council members?
09:10:50 All in favor of the motion?
09:10:52 The ayes have it unanimously.
09:10:54 Ceremonial activities.
09:10:56 Presentation of police Officer of the Month.
09:11:01 Mr. Frank Reddick and Chief Castor.
09:11:10 >>FRANK REDDICK: Good morning, council.
09:11:12 It's a pleasure that we present the officer for the month of
09:11:15 December 2013, Officer Daniel Perry.
09:11:22 >> Chief Jane Castor: Good morning, everyone.
09:11:25 It is the last Officer of the Month and we saved the best
09:11:30 for last.
09:11:30 We have officer Daniel Perry here today from district 1,
09:11:38 just to let everyone know that he is representing the area
09:11:41 of district 1 which is the west side of the district.
09:11:43 And officer Perry has been with us for about nine years.
09:11:46 He goes above and beyond every day.
09:11:49 What I am going to give you is just a few examples of what
09:11:51 he has done in addition to his day to day crime fighting
09:11:58 To combat violent crime in our city he took it upon himself
09:12:01 to spearhead an initiative that he titled Operation
09:12:04 Heat-thinker because employees always have to have a name
09:12:07 for our operation.
09:12:09 The initiative involved conducting pawn checks throughout
09:12:14 the City of Tampa of persons who have pawned firearms or
09:12:17 other weapons.
09:12:18 The person's criminal background would then be checked to
09:12:20 see if they were convicted felons or if they had any other
09:12:24 sanctions that would prevent them from being in possession
09:12:26 of a firearm, ammunition or other weapons.
09:12:30 During that two-month period he recovered the five firearms
09:12:33 and three electronic weapons, and he also successfully
09:12:39 completed six charges in those particular cases, took six
09:12:45 bad guys off the street.
09:12:47 Also, he was a very integral part of an investigation of a
09:12:51 series of crimes that occurred where individuals were
09:12:54 breaking into lockers at different health clubs and stealing
09:12:58 property and then going and using those credit cards and
09:13:03 other items that they had stolen.
09:13:06 Officer Perry was instrumental in identifying the suspect.
09:13:10 Once the suspect was identified he got a full confession
09:13:13 from him.
09:13:13 Not only for the that occurred in the city but out in
09:13:20 Hillsborough County as well.
09:13:21 He took it upon himself to contact the victims of all in the
09:13:27 city and county, returned property to them and gave evidence
09:13:31 necessary to the sheriff's office to carry their cases
09:13:37 His efforts resulted in six felony and four misdemeanor
09:13:41 charges being leveled against the suspect in the particular
09:13:46 He also took the initiative to investigate further an
09:13:51 individual who had made a series of pawns including six
09:13:55 brand new iPods.
09:13:58 He researched backwards and found that all of those
09:14:02 iPods had come from a particular target store.
09:14:04 He contacted that store.
09:14:06 They said, yes, they have had six of these iPods stolen
09:14:09 but they had no idea who the individual was that had stolen
09:14:13 He identified the suspect who was an employee of target, got
09:14:16 a full confession from him, returned all of the property to
09:14:19 target, and found that a second employee had been involved
09:14:23 in the theft.
09:14:23 So he charged both of those individuals.
09:14:27 He goes above and beyond every day in his work to serve the
09:14:33 citizens of Tampa.
09:14:34 He is a leader on his squad, and he's looked up to by all of
09:14:40 the other officers as well.
09:14:42 He is an outstanding example of what it is to be a Tampa
09:14:45 police officer, and it is my honor to name him as Officer of
09:14:48 the Month for December of 2013.
09:14:54 [ Applause ]
09:14:55 >> All right.
09:15:07 On behalf of Tampa City Council we would like to present
09:15:09 this commendation to you for being chosen Officer of the
09:15:11 Month for December 2013.
09:15:25 >> First we would like to wish you happy holidays and thank
09:15:40 you for all you have done throughout our community.
09:15:43 We would like to give you a gift certificate.
09:15:53 >> Tampa police benevolent association.
09:16:02 We would like to present officer Perry with a gift card and
09:16:07 thank you for your dedication.
09:16:18 >> Tampa Theatre.
09:16:21 We would like to present you and your family to tickets to
09:16:27 "It's a Wonderful Life" this weekend and then ticket for you
09:16:30 and your wife for next year.
09:16:31 >> Steve Stickley representing Stepp's Towing Service.
09:16:38 On behalf of Jim, Judy and Todd Stepp I would like to
09:16:41 present this small token of our appreciation for a job well
09:16:44 done, and a gift certificate to Lee Roy Selmon's.
09:16:50 Thank you.
09:16:50 >> Frank DeSoto with Bill Currie Ford.
09:16:58 Wish all of you season's greetings and thank you for this
09:17:01 opportunity and I congratulate you on a job well done.
09:17:04 I would like you to accept this watch for a job well done.
09:17:11 >> Bill Durkin, BrightHouse Network.
09:17:21 A month of all of our services.
09:17:27 >> I'm Tara MacNamara, representing Straz Center for the
09:17:41 perform arts.
09:17:44 >> We have four tickets.
09:18:03 >>CHARLIE MIRANDA: May I say something?
09:18:05 I would now summon Mr. Reddick, Mr. Suarez and Mr. Cohen to
09:18:09 stand with the Rockettes to do a one-legged kick.
09:18:15 I want this photographed in historical City Hall as a
09:18:19 memorial to the Rockettes and to my three former colleagues.
09:18:26 After a leg strain they will likely die of a blood clot.
09:18:30 >>MIKE SUAREZ: Believe me, if I do a high kick I am going
09:18:35 to be out of commission for a while.
09:18:37 >>CHARLIE MIRANDA: I tell you what, they do fantastic work.
09:18:40 The Straz Center, the Rockettes are unbelievable, the
09:18:44 routine, they are better than any NFL team.
09:18:51 >> These are not for you.
09:19:00 They are for your significant other which makes everything
09:19:17 >> It's getting crowded up here.
09:19:22 This is a good one.
09:19:24 This is prestige photos that you and your family can go
09:19:27 ahead and have your portrait taken.
09:19:29 This one is for you to go and have dinner or lunch at
09:19:33 Bebelo's cafe.
09:19:36 You know what where that is?
09:19:38 Have you been working in that area?
09:19:44 And last you can go enjoy yourself.
09:19:57 >> I'll keep this brief.
09:19:58 I would like to thank the chief, command staff, and the
09:20:02 department as a whole.
09:20:05 My wife and I, we left in 2008 to go back up to Pittsburgh.
09:20:12 It took two years and one blizzard for us to realize we were
09:20:20 missing down here and this is where we wanted to raise our
09:20:24 The department took me back.
09:20:27 They have been great to me.
09:20:28 And I owe them a lot and I owe the city a lot.
09:20:31 So thank you very much.
09:20:32 [ Applause ]
09:20:33 >>CHARLIE MIRANDA: So it's true that people come back to
09:20:42 Tampa because we only have two seasons here: Summer and
09:20:47 And Chief Castor.
09:20:51 [ Laughter ]
09:20:55 Thank you for everything you do.
09:21:00 We go to the approval of the agenda, the addendum.
09:21:04 >> So moved.
09:21:04 >> Second.
09:21:06 >>CHARLIE MIRANDA: Motion for approval by Mr. Suarez, second
09:21:07 by Mr. Cohen.
09:21:08 All in favor?
09:21:10 The ayes have it unanimously.
09:21:12 We go to public comment.
09:21:14 Anyone in the audience care to speak for three minutes?
09:21:17 You have to wait till the Rockettes leave.
09:21:22 yes, sir?
09:21:59 >> Pete Johnson, 510 Harrison street.
09:22:04 I only talk about code because I think code is the most
09:22:06 important department in the entire city next to TPD and fire
09:22:17 I'm hoping this will work.
09:22:19 This case, believe it or not, took 30 days for a hearing.
09:22:26 That is unbelievable how a case can move that fast in code
09:22:34 Unfortunately, it had to be extended until the end of
09:22:38 January because of a requirement that City Council has
09:22:44 placed on the department.
09:22:53 This is taking too long.
09:22:54 Obviously we know it's a trailer, okay?
09:22:57 If you look at that, the state statute, and you look at the
09:23:01 ordinance that the city wrote requiring so much
09:23:06 notification, posting in a newspaper for ten days, two
09:23:13 weeks, four weeks, whatever, that's not part of the state
09:23:22 Having a return receipt is not part of the state statute.
09:23:26 The state statute only says that notice has to be sent hand
09:23:34 We have already proven that posting the property is the same
09:23:37 thing as hand delivered.
09:23:40 So why has City Council not gone over this?
09:23:44 This was done in 2005, when many neighborhood groups wanted
09:23:51 to know more about what's going on with code back in 2005,
09:23:54 we didn't have the e-mail systems that we have now.
09:23:58 It's outdated.
09:23:59 It needs to be reviewed.
09:24:01 If anything, the entire thing needs to be removed to allow
09:24:05 cases like this one with the trailer to only take 30 days to
09:24:13 have a hearing.
09:24:15 Just get a hearing.
09:24:17 Additional time to comply can be discussed at the hearing.
09:24:20 A continuance can be discussed at the hearing.
09:24:26 But taking six to eight months for a hearing is ridiculous.
09:24:31 I know I am not going to make it through this entire system,
09:24:35 but you can tell right here, on this page, it takes several
09:24:41 weeks, three to four weeks just to get a civil citation
09:24:46 given, okay?
09:24:49 The ordinance says 51 days.
09:24:56 No longer.
09:24:56 The code is not even following their own ordinances.
09:25:00 (Bell sounds)
09:25:01 I'm sorry.
09:25:04 This is the list from last month's civil citations.
09:25:09 No one paid.
09:25:10 No one showed up.
09:25:11 It doesn't work.
09:25:13 >>CHARLIE MIRANDA: Thank you very much.
09:25:14 I understand what you are saying.
09:25:16 Next, please.
09:25:17 >> I'm ED, Ed Tillou from Sulphur Springs, where there's a
09:25:29 lot of code enforcement problems there.
09:25:35 I didn't get to county commission yesterday.
09:25:43 Volt watch.
09:25:45 It's pretty much holding constant.
09:25:47 These 16,800, and this is 2013 and 2014, 19.5, and item 7
09:26:00 which is 11.2 million for fossil fuels for gasoline and
09:26:05 such, with volts, the city buys volts that would be 2.5
09:26:10 So you are talking about a $9 million difference.
09:26:13 of course you have to put a sign out for batteries. Anyway,
09:26:19 it's new technology.
09:26:20 And like it said.
09:26:23 One of the reasons, there is a company called big oil and it
09:26:32 brings me to the sign on the corner of Gas Lyke plaza, and
09:26:38 what goes with it is I said I was wrong about things but I
09:26:50 was actually right about the B-26s.
09:26:55 The B-26s is actually Robert Kennedy that said there
09:26:59 should be two stories of eight rather than 16, and he had no
09:27:07 military experience.
09:27:08 But anyway, there's a lot of blame to go around on the bay
09:27:11 of pigs.
09:27:12 Another thing was that I said that operation 40, it was
09:27:21 actually operation 40 over the bay of pigs but the
09:27:30 assassination attempt to kill Fidel Castro.
09:27:34 So it's very important to realize, I don't think it will be
09:27:37 a Pa bad precedent but I don't think it's a good precedent
09:27:41 either, somewhat in the middle of the road.
09:27:43 I don't know if Carolyn Kennedy should be vice-president.
09:27:45 I don't know.
09:27:46 I get the feeling this is building toward that.
09:27:53 What you need to do is take -- look at that sign and realize
09:28:01 that the quote from JFK, from John Kennedy, nowadays doesn't
09:28:07 sound that bizarre.
09:28:08 But at that time, and you will recall this, that was
09:28:16 something people couldn't believe.
09:28:21 For the communists to say something like that.
09:28:24 So the times have changed.
09:28:25 And that's got to be communicated to younger people.
09:28:28 (Bell sounds).
09:28:31 >>CHARLIE MIRANDA: Thank you very much.
09:28:31 Next, please.
09:28:35 >> Chip Thomas, Tampa.
09:28:38 I want to talk a little discussion.
09:28:49 Three things that we are doing I think we are going to
09:28:52 First is -- this is a lot of labor, fuel, money, resources
09:29:00 that we don't need to spend.
09:29:05 And we are in an era of need now.
09:29:08 We have to do a much better job of prioritizing what's next
09:29:13 and twice a week pickup is not necessary.
09:29:16 The second thing -- and I don't know of the relationship
09:29:19 between you and solid waste but I think they are in a
09:29:22 position to make a change there.
09:29:24 The second thing we are going to regret is this lawn culture
09:29:28 of the water, fertilizer, chemicals, mowing and blowing, for
09:29:33 something that offers no benefit other than aesthetics.
09:29:37 And again I think this is something that you can address by
09:29:40 going a step beyond SWFWMD and saying no more tap water for
09:29:48 lawns, that would help put an end to it.
09:29:50 The third thing is the idling culture, the drive-through
09:29:54 culture and awed the idling that results.
09:29:56 Primarily after-school pickup and fast food restaurants.
09:30:00 This is nothing more than a convenience.
09:30:02 It doesn't save people time or money.
09:30:04 It actually costs, it's wasteful and time to move AP way
09:30:10 from that kind of thing.
09:30:11 And I think again you are in a position to help us move away
09:30:14 from that by restricting businesses from having drive
09:30:20 You may consider all these issues in front of you as
09:30:23 burdens, but maybe you should think of them as
09:30:26 opportunities, opportunities for you to step up, take a
09:30:30 stand to actually cut emission, even though it's just
09:30:35 locally, cars emissions and other pollution, and improve
09:30:41 quality of life.
09:30:44 None of these issues adds to our standard of living or
09:30:47 quality of life.
09:30:48 They are all easily avoided, and add armful effects.
09:30:54 I don't know why we don't do so.
09:30:58 And I think you are in the best position to address all
09:31:01 three of those.
09:31:02 >>CHARLIE MIRANDA: Thank you very much.
09:31:03 Anyone else care to address council this morning for three
09:31:06 I see no one.
09:31:07 Before I go any further, I want to make a motion so I want
09:31:10 to receive and file Yolie Capin said she will be unable to
09:31:16 attend the December 19 session of council.
09:31:18 Motion by Mr. Reddick, second by Mr. Suarez to receive and
09:31:21 All in favor of the motion?
09:31:23 The ayes have it unanimously.
09:31:25 Any requests for public -- for reconsideration on any
09:31:29 legislative matters of the last council meeting?
09:31:33 I see none.
09:31:36 We go to the 9:00 staff reports.
09:31:41 Items 2 through 11.
09:31:51 Item number 2.
09:31:53 >>THOM SNELLING: Planning and development.
09:31:54 Actually, items number 2 and 3 were both continued.
09:31:58 They relate to each other.
09:31:59 They were both continued from December 5th at the
09:32:02 request of the CBD.
09:32:07 They wanted time to review and sign the plat, and they did
09:32:11 not want to have to schedule a special hearing of the CBD.
09:32:15 They have since Hillsborough that meeting, approved them and
09:32:19 the clerk's office has received.
09:32:22 Normally plats come before you as a consent agenda item, and
09:32:26 the only reason that these got continued under staff
09:32:29 reports, because of the association with the CBD themselves
09:32:34 to coincide with their regular meeting night.
09:32:37 >>CHARLIE MIRANDA: Any questions by council members?
09:32:40 All right, sir.
09:32:42 I need someone to move the resolution 2.
09:32:45 I have a motion by Mr. Reddick, seconded by Mrs. Montelione
09:32:49 on item 2 for the resolution.
09:32:52 Please signify by saying aye.
09:32:54 Opposed nay?
09:32:55 The ayes have it unanimously.
09:32:56 Item number 3.
09:32:57 >>HARRY COHEN: Move item 3.
09:33:00 >>LISA MONTELIONE: Second.
09:33:02 >>CHARLIE MIRANDA: Any further discussion by council
09:33:03 All in favor of the motion please indicate by saying aye.
09:33:06 Opposed nay.
09:33:07 Motion passed unanimously to move that resolution.
09:33:09 Item number 4.
09:33:17 >>THOM SNELLING: Can I have the Power Point, please?
09:33:19 I'm here for the six-month update on what's been going on
09:33:24 with some of our efforts for homeless initiative.
09:33:34 We spend a lot of our time, and you may nobody it's now
09:33:39 called the Tampa homeless initiative.
09:33:44 I'm serving on the transition Board of Directors as a
09:33:46 representative of Mayor Buckhorn.
09:33:49 Other individuals on that board itself, guy king, Mike
09:33:55 Merrill, names you are probably familiar with, commissioner
09:33:58 Sandy Murman, Jim Shimberg, David Reid, Mr. John McGiven,
09:34:06 Joseph Clark, Jerome Ryan, Emory ivory.
09:34:11 These are the folks that are transitioning as the homeless
09:34:13 initiative is establishing its goals and its strategy and
09:34:17 moving forward with their plan.
09:34:20 The item that they are really working on, that we are
09:34:25 working on, that we spent a lot of time there, the reason
09:34:28 for the change, basically two year evaluating of the
09:34:32 homeless coalition along with Hart and some other
09:34:36 volunteers, they understood there was clearly a consensus of
09:34:40 wanting to do something for the homeless and move forward
09:34:42 but it was also discovered that there was no real commitment
09:34:45 or single course of action.
09:34:49 Many different directions.
09:34:53 Her hiring kind of signaled the change of that, and pointed
09:34:57 back in the appropriate direction.
09:35:00 One of the two tasks that we are working on over the years
09:35:04 is the strategic planning document, which basically that
09:35:08 will establish a strategic plan, a single plan that is
09:35:15 embraced by Hillsborough County as well as the City of
09:35:17 Tampa, and the members of the coalition and continuum of
09:35:24 care themselves.
09:35:25 Going forward, the city will do once that plan is
09:35:28 established is all of the items that have been we bring
09:35:32 before you as part of our activities and public service
09:35:36 activities will have a criteria of how they will further
09:35:39 implement and have that plan become a reality and solve some
09:35:45 of the issues or implement some of the policies that are
09:35:47 actually in that plan.
09:35:51 The reason one of the new focuses is actually from HUD.
09:35:57 HUD made it very clear that they are really interested in
09:35:59 focusing on permit stabilized housing.
09:36:05 Homeless people, and also doing rapid rehousing programs,
09:36:11 and that they still understand that there is a need for
09:36:15 transitional housing but they would really like to focus
09:36:18 change and focus a little more on permanent housing, and
09:36:20 that's one of the things that we are working on here with
09:36:22 the initiative.
09:36:26 The other item that we have been working on is the dedicated
09:36:30 opportunities to be homelessness project.
09:36:32 That report has been complete.
09:36:34 It is given to the consultants that were hired to pull
09:36:40 together all the various subdivisions -- subcommittee plans
09:36:46 and put it into a single document.
09:36:48 What will happen next for that is that, like I said, it's
09:36:51 gone to the couples.
09:36:53 They are saying that it should be ready by the end of the
09:36:55 And then from that document, the homeless initiative will
09:36:59 use a lot of the information, the data, to come out of that
09:37:03 plan, and see how it fits in and integrates well with the
09:37:08 strategic plan going forward for the city and the county.
09:37:14 The other item that we have been working on, preparing to
09:37:19 release a request for proposal for housing's first project,
09:37:26 again it will be similar to the project that Hillsborough
09:37:28 County did up in the university area.
09:37:32 The multifamily rehabilitation.
09:37:34 We hope to have the release of that RFP by the first part of
09:37:39 the year.
09:37:42 At the holiday, don't want to miss an opportunity to respond
09:37:47 to it and hopefully that will be back sometime February 15,
09:37:55 We haven't actually released a date on.
09:37:57 That we are going to again get another stabilized housing,
09:38:02 15 to 25 units that can house 30, 35 people.
09:38:07 Chronic homeless people, permanent housing.
09:38:09 That's an important part, permanent housing.
09:38:12 The other thing we do want to touch on very quickly.
09:38:15 >>CHARLIE MIRANDA: Just a second.
09:38:16 Mrs. Montelione.
09:38:17 >>LISA MONTELIONE: Mr. Snelling, the RFP that's going to go
09:38:21 out, you said it would be similar to Cypress landing that
09:38:27 was previously done by the county.
09:38:28 That was not only rehabilitation of the apartment complex,
09:38:34 but also included services.
09:38:38 And they were providing services on-site.
09:38:42 Is that also going to be part of it?
09:38:45 >> I'm believing that it will be.
09:38:47 That's how we were crafting the -- how the RFP has been
09:38:53 It's imperative, it's a must that you must have the
09:38:58 wraparound services with those types of populations, chronic
09:39:02 homeless population.
09:39:03 Otherwise, you are going to fail.
09:39:06 And that's what the RFP is going to ask for.
09:39:09 We are going to partner with somebody but that's what we
09:39:12 also need to bring to the table.
09:39:13 >> Excellent.
09:39:14 Thank you.
09:39:14 >> All right.
09:39:17 Again, just to show some of the other things that were
09:39:21 previously approved but just to update you, we feel are
09:39:24 providing the initial services that we have for emergency
09:39:30 solutions, includes alpha house, 175 people as you can see,
09:39:34 metro ministries, which was recently opened, a lot of our
09:39:37 funding went into that, Salvation Army as well, the spring
09:39:41 of Tampa Bay.
09:39:44 Those were the actual dollar values that were spent through
09:39:47 the ESG funding allocations.
09:39:54 Alpha house, homeless coalition, HMIS-unity, $15,000 so they
09:40:03 are getting more direct services.
09:40:09 And then general funding there.
09:40:10 And then CDBG projects, we had as part of that RFP process
09:40:15 that we have done in the past, again some of the similar
09:40:18 names that you are familiar with, those are direct public
09:40:21 service analyzed projects providing some of the wrap around
09:40:26 services we have been talking about.
09:40:27 But then actually the housing projects being rehabilitated
09:40:31 or emergency relocation, again going back to the best
09:40:36 example is some of the trailer parks, the warehouses on 70,
09:40:41 to make sure that the 25 or 30 people that came out are not
09:40:50 And the total benefit of the money is a little over a half
09:40:53 million dollars.
09:40:54 With that, I will answer any questions.
09:40:57 >>CHARLIE MIRANDA: Any questions by council members at this
09:40:58 time? Mr. Suarez?
09:41:01 >>MIKE SUAREZ: I have a couple of questions, Mr.
09:41:04 Concerning some of the things that were put down in the
09:41:06 program and some of the things that have been talked about,
09:41:08 the goal was to have 500 units within a five-year period,
09:41:11 which is about an average of about 100 units per year.
09:41:15 How are we going along in terms of that?
09:41:21 >>THOM SNELLING: That goal was set -- I believe they still
09:41:23 have that goal.
09:41:25 If we get another 22 or 25 units here, I'm optimistic,
09:41:31 because one of the things we did talk about, talking about
09:41:33 the money, was combine 500 units, for example.
09:41:37 And it doesn't always have to go through a Housing First
09:41:42 And we had this conversation, some of the direct benefit
09:41:45 vouchers where somebody who has a voucher can go into an
09:41:47 existing unit.
09:41:48 You don't have to actually build the unit.
09:41:50 The units exist.
09:41:52 Very similar to a section 8, that you apply the system and
09:42:01 use that for the homeless person or homeless family to get
09:42:04 them into a unit.
09:42:06 Including that kind of activity.
09:42:08 >> I understand that's an equivalent but what are we talking
09:42:10 about in terms much numbers?
09:42:12 >> I don't have numbers but I can certainly get that
09:42:15 >>MIKE SUAREZ: The other issue that was brought up as part
09:42:19 of this group was about leveraging to raise private funds.
09:42:23 How have they been doing in terms of that?
09:42:26 If you know, how much private donations?
09:42:31 >>THOM SNELLING: I don't know how much they have.
09:42:32 I know there is -- I had to decline because I can't afford
09:42:41 to go to that but they are very actively pursuing that
09:42:44 contained of fundraising.
09:42:50 I'm honored to be sitting in the same room with guy king and
09:42:53 Jim Shimberg and some of these gentlemen and ladies, Murman,
09:42:58 who are involved with this, and Mike Merrill.
09:43:01 Todd and Mr. Wolchie, Mr. King, Mr. Shimberg, they are all
09:43:07 private sector citizens, all have a lot of very good
09:43:10 connections and they are reaching out to those people and
09:43:12 leveraging private funding.
09:43:14 They are kind of taking the lead on that aspect of it.
09:43:16 >>MIKE SUAREZ: Let me ask you a quick question.
09:43:21 I apologize for interrupting.
09:43:22 Was there a goal if we get half a million that we have here
09:43:26 in grants and other public moneys that we should be able to
09:43:29 raise hopefully 5?
09:43:33 >> I don't know if they actually have dollar goals.
09:43:35 I'm sure they would say whatever we raise is not enough.
09:43:40 And I can get that information.
09:43:43 >>MIKE SUAREZ: If you could.
09:43:44 The reason I'm asking is because there's specific strategies
09:43:47 and goals that are set forth in the original document, and I
09:43:51 would like to be see where they are at in terms of reaching
09:43:53 those goals.
09:43:54 And if they are having trouble reaching those goals, and
09:43:57 what strategies they are using, is there a way that we can
09:44:00 help from the city side, or through the private sector to
09:44:05 try to help reach those goals.
09:44:07 Because obviously, you know, even as a private program, it's
09:44:13 a pretty ambitious number.
09:44:15 500 housing units to chronically homeless people is a lot.
09:44:20 I know that Salt Lake City just came out with a way of
09:44:23 providing 25 permanent housing units for specifically
09:44:28 And that's in my mind a fairly small number but they may
09:44:32 have a less robust homeless population than we do.
09:44:36 So, again, that's one of these things that if we are meeting
09:44:40 our targets, meet our goals, you know, where are we at?
09:44:44 If we are not, how can we try to reach those goals?
09:44:47 >> I will get that information for you, Councilman.
09:44:51 >>HARRY COHEN: Any other comments or questions?
09:44:53 Councilwoman Montelione.
09:44:54 >>LISA MONTELIONE: Thank you.
09:44:56 I recently read from the national NLH -- I don't remember
09:45:02 what the acronym stood for -- that they ranked states in the
09:45:08 United States -- you are laughing, because you know we are
09:45:14 near the top, Thom -- the safety is a different aspect of
09:45:20 homeless individuals, and Florida was very close to the top
09:45:25 in being the worst place for someone to be homeless and to
09:45:32 feel safe.
09:45:34 They cited quite a few violent crimes that had taken place.
09:45:39 So is there any further initiative by Tampa Police
09:45:47 Department who has been our front line in outreach to the
09:45:56 There was an effort by the Tampa-Hillsborough homeless
09:46:01 initiative to train some of the officers on the force.
09:46:07 I believe it was the ones who are assigned downtown but, you
09:46:13 know, I was hoping that we would have furthered that
09:46:18 training to encompass more districts throughout the city,
09:46:22 because we just don't have homeless people living downtown.
09:46:29 They are living in many parts of the city.
09:46:30 So just training a small group of people, I don't know is
09:46:37 all we need to do.
09:46:39 I think we need to do a lot more than that.
09:46:41 And there was, I think, another officer hired to be serve
09:46:47 with officer Dan McDonald who has done a fabulous job in
09:46:52 providing assistance on the street to the homeless
09:46:59 Is that correct?
09:47:00 Was there another officer hired?
09:47:02 >> I don't know that information, Councilwoman.
09:47:06 Again, I can get back and -- there are six additional items.
09:47:13 I can provide that back in bullet point form in answer to
09:47:18 questions about the second officer, additional outreach,
09:47:21 additional training, I can get all that information back to
09:47:25 City Council.
09:47:25 >>LISA MONTELIONE: Thank you.
09:47:27 I appreciate that.
09:47:30 >>THOM SNELLING: All right.
09:47:30 >>HARRY COHEN: Thank you very much, Mr. Snelling.
09:47:32 >> Thank you, council.
09:47:35 Enjoy your holiday.
09:47:36 >> You, too.
09:47:37 We are going to move on to item number 5.
09:47:39 Item number 5 that's a request for continuance.
09:47:42 I would like to ask council to make a motion to continue to
09:47:45 February 6th at 9:00 a.m.
09:47:47 >>LISA MONTELIONE: What he said.
09:47:51 >>HARRY COHEN: We have a motion from Councilwoman
09:47:52 Montelione, seconded by Councilwoman Mulhern to move item
09:47:56 number 5 to February 6th at 9:00 a.m. under staff
09:48:00 All those in favor please indicate by saying aye.
09:48:04 All right.
09:48:05 Item number 6.
09:48:06 >> Randy Goers with planning department.
09:48:15 Item number 6 is to bring forth a resolution to accept the
09:48:22 InVision Tampa City Center plan for the community, approving
09:48:25 a resolution does three things.
09:48:27 First of all, it acknowledges and recognizes the hard work
09:48:31 that the community put into the plan in developing the
09:48:34 vision for the community.
09:48:35 It also sets the stage for us for the staff to come back
09:48:38 next year with an amendment to the comprehensive plan and
09:48:40 also some land development regulations to implement the
09:48:43 And thirdly, it helps us in demonstrating to HUD, our
09:48:48 granting agency that there's a commitment for the community
09:48:52 to implement the plan, and makes it a much more competitive
09:48:56 posture to for the timing for the limitation.
09:49:00 Any questions?
09:49:02 I will be happy to take any questions.
09:49:04 >>LISA MONTELIONE: Thank you, Randy, for continuing this
09:49:10 item from the initial time that it was scheduled.
09:49:14 As we discussed then and as we had discussed now with our
09:49:21 senior city attorney Julia Mandell was my concern that the
09:49:26 resolution calls for rescinding all resolutions in conflict,
09:49:30 and what that would essentially mean.
09:49:33 So it's a broad area, and in the resolution the way it's
09:49:42 written, it doesn't really state any concrete actions.
09:49:50 If you can address that.
09:49:51 >> I thought last night they had rescinded that without
09:49:58 removing the resolution.
09:50:00 >>LISA MONTELIONE: I don't have that one in my book.
09:50:02 >> Deputy clerk: It's accepting the resolution, and that
09:50:10 removes that rescinding.
09:50:12 >> We took that out.
09:50:15 There was confusion.
09:50:16 The InVision plan.
09:50:17 There's in a regulatory implications in the plan itself
09:50:20 because that's the vision.
09:50:21 But the resolutions, that we take it out.
09:50:29 It's not germane to this particular action today.
09:50:31 >>LISA MONTELIONE: Thank you.
09:50:35 If there's no other questions I'll move the resolution.
09:50:37 >> Second.
09:50:38 >>MIKE SUAREZ: Randy, what are we looking at in terms of
09:50:44 time frame for the next step on the InVision plan?
09:50:49 >> In terms of some of the residents, connecting board,
09:50:54 maybe early part of next year with comp plan changes.
09:50:58 That will set the stage to be able to come back from the
09:51:01 land development regulations.
09:51:02 We are working on land development regulations, our
09:51:07 We hope to have some drafts of those so people can begin
09:51:16 I think the comp plan later, the next cycle for the
09:51:26 >>CHARLIE MIRANDA: Motion to move by Mrs. Montelione, second
09:51:28 by Mr. Suarez.
09:51:29 >>LISA MONTELIONE: That was the substitute resolution.
09:51:34 >>CHARLIE MIRANDA: All in favor? Opposed?
09:51:36 The ayes have it unanimously.
09:51:38 Item number 7.
09:51:43 >> Lee: Here to answer any questions about item number 7
09:51:59 which is portion of a cooperative agreement to provide fuel
09:52:07 for the fleet.
09:52:09 >>CHARLIE MIRANDA: Any questions by council members on
09:52:10 number 7?
09:52:11 That's gasoline purchases.
09:52:15 Motion by Mr. Cohen to move the resolution, second by Mr.
09:52:22 All in favor?
09:52:25 Motion passes unanimously.
09:52:28 Item number 8.
09:52:35 >>BRAD BAIRD: Water department.
09:52:37 Item 8 is approving the renewal of award between the city
09:52:41 and Kemira water solutions for the purchase of FERRIC
09:52:48 sulfate chemical.
09:52:49 Here to answer any questions on this item.
09:52:52 >>CHARLIE MIRANDA: Questions by council members on 8?
09:52:53 Mr. Suarez?
09:52:55 >>MIKE SUAREZ: Brad, now in terms of -- this is iron based
09:53:03 Is that what we are buying here, chemicals used for
09:53:07 coagulation for organic and color removal?
09:53:10 Are there any other companies?
09:53:13 Because they are probably the premier company that does iron
09:53:17 based coagulants.
09:53:19 Is there anyone else out there now?
09:53:21 >> Yes, there is one other company.
09:53:23 And they did submit a bid last year when we put this out for
09:53:26 >> What's their name?
09:53:29 >>BRAD BAIRD: I don't recall off my head.
09:53:32 >>MIKE SUAREZ: I didn't mean to put you on the spot.
09:53:35 I apologize.
09:53:36 I'm just curious because I know with this particular
09:53:39 product, it is increasingly become a little bit more
09:53:42 difficult to get any kind of market prices for lots of
09:53:45 different reasons, not only the product itself but the
09:53:49 ingredients that go into the product have some strange
09:53:55 market fluctuations.
09:53:56 I was just curious if the other one is even close or if --
09:54:02 >> Yes, the other one was close.
09:54:04 And they are relatively local as well.
09:54:07 And this product is rather volatile in its price, mostly
09:54:14 because of the price of sulphuric acid.
09:54:18 And it goes up and down quite a bit.
09:54:20 >>MIKE SUAREZ: Thank you.
09:54:23 Move the resolution.
09:54:23 >> Second.
09:54:24 >>HARRY COHEN: We have a motion from Councilman Suarez,
09:54:27 seconded by Councilwoman Montelione for approval.
09:54:29 All in favor? Thank you.
09:54:31 Number 9.
09:54:35 >> Kimberley Crum, director of human resources, here before
09:54:43 you today on item number 9 which is the approval for a three
09:54:47 year extension for the contract for our wellness centers.
09:54:53 I was before you on November 7th asking for money to
09:54:56 complete our contracts for this year and I promised I would
09:54:59 be before you for renewal in the coming weeks and here we
09:55:02 Again we are very excited about the relationship that we
09:55:05 have with Care ATC.
09:55:10 They provided great service to our employees for the last
09:55:15 three years and a savings of over $4 million to the city's
09:55:18 bottom line.
09:55:19 So with that we are just asking for your approval for that
09:55:21 three-year extension.
09:55:22 >>HARRY COHEN: Questions or comments by council members
09:55:26 before we move the resolution?
09:55:32 We have a motion from Councilman Suarez, seconded by
09:55:34 Councilwoman Mulhern.
09:55:35 All those in favor please indicate by saying aye.
09:55:44 Item number 10.
09:55:45 >> Number 10 is for approval to award contract for the
09:55:57 mechanical services to upgrade the pumping station at the
09:56:00 wastewater treatment plant.
09:56:02 Here to answer any questions.
09:56:04 >> Move the resolution.
09:56:07 >> Second.
09:56:08 >>HARRY COHEN: Motion from Councilman Suarez, seconded by
09:56:11 Councilwoman Montelione.
09:56:13 All in favor?
09:56:16 Thank you very much.
09:56:17 Item number 171.
09:56:19 Our clerk, Shirley Foxx-Knowles.
09:56:28 >>SHIRLEY FOXX-KNOWLES: City clerk.
09:56:30 I wanted to review your calendar with you.
09:56:36 Hopefully you have had an opportunity to review it.
09:56:39 I want to bring your attention that there are no workshops
09:56:43 scheduled for July, August, September, November, and
09:56:53 July because of your vacation.
09:56:54 August due to the Florida League of Cities conference.
09:56:56 September 5th is a Jewish holiday and November and
09:57:06 December due to the holiday.
09:57:07 I didn't know if you wanted to make a change.
09:57:09 >>HARRY COHEN: I went over the calendar and it's actually
09:57:15 the same as what we did this year.
09:57:18 I remind everybody in July, August, September, we will be
09:57:21 scheduling the mayor's budget presentation and two budget
09:57:26 public hearings.
09:57:26 The other thing I was going to mention is I think we have
09:57:29 shown if we need to schedule additional workshops through
09:57:32 the course of the year, we certainly can.
09:57:34 So I was going to suggest that we leave the calendar as is.
09:57:39 I thought that you all did a great job of balancing out all
09:57:42 the different things that come up, and that if we need to
09:57:47 make changes through the year, to accommodate additional
09:57:49 workload, we can do it.
09:57:51 But if anyone else has any other thoughts.
09:57:54 >>MIKE SUAREZ: I agree.
09:57:57 I think it's a calendar as good as we can get.
09:58:06 >>HARRY COHEN: Motion are from Councilman Suarez, second by
09:58:09 Councilwoman Montelione.
09:58:10 All in favor?
09:58:13 Thank you very much.
09:58:15 We are going to move on now to item number 36.
09:58:18 That is an item that Councilwoman Montelione pulled from the
09:58:26 agenda and according to the new item of business it would be
09:58:29 time to take that up before we move on to the consent
09:58:35 Let me ask for staff.
09:58:37 >>BOB McDONAUGH: Economic development.
09:58:40 We are asking for council's approval of a lease document for
09:58:53 the George for the police department across from City Hall.
09:58:57 >>LISA MONTELIONE: Mr. McDonaugh, you and I discussed this
09:59:02 And when I came in this morning there seemed to be some new
09:59:05 developments surrounding this lease agreement.
09:59:09 Or this space.
09:59:11 And I'm going to be careful in the questions that I ask
09:59:16 because there is possible pending litigation here, correct?
09:59:20 >> Correct.
09:59:21 That's my understanding.
09:59:27 >>LISA MONTELIONE: Okay.
09:59:28 So some of the things that we talked about yesterday I am
09:59:30 not going to get into, and our assistant city attorney is
09:59:36 here to stop me if I venture too close to the subject of
09:59:48 Policy speaking I think is safe ground.
09:59:51 So do we have a policy city-wide for the lease of property
09:59:57 that we own?
10:00:00 >>BOB McDONAUGH: Our standard operating procedure is
10:00:02 generally to advertise space for sale, or property for sale
10:00:07 or lease.
10:00:07 And we have -- within the CRA it is required by chapter 163.
10:00:13 And actually most of the space that we have for lease is
10:00:16 within the CRA.
10:00:17 But we actually by practice generally advertise to get the
10:00:23 widest exposure to the property and the highest prices.
10:00:28 >> So you said we advertise.
10:00:30 >>BOB McDONAUGH: What we usually do on RFP --
10:00:34 >> That's what I was going to ask.
10:00:36 >>BOB McDONAUGH: If it is substantial size, i.e., the water
10:00:41 works building, or the federal courthouse is a good example.
10:00:45 >>LISA MONTELIONE: But we don't always put out an RFP.
10:00:51 So you and I talked yesterday.
10:00:53 We talked about maybe some standardization of the policy so
10:00:58 that, for instance, we could maybe set a threshold by the
10:01:08 size of the property?
10:01:09 >> Yes, the dollar amount, square footage certainly.
10:01:12 But I can toll you as a practice, we actually advertise the
10:01:16 space and the baggage department of Union Station.
10:01:20 When we went to lease that several years ago.
10:01:22 Not a very substantial space.
10:01:24 Again, we have maybe a handful of spaces.
10:01:28 Probably the next space that we will be putting out to lease
10:01:32 is we have potential retail space of the convention center.
10:01:40 We feel that the downtown market maybe hasn't matured enough
10:01:43 to attract a formal restaurant for that space.
10:01:48 And so we will prepare a brochure, and we will put out an
10:01:51 RFP and put it on the Web site and that type of thing.
10:01:54 >>LISA MONTELIONE: Well, what I seek to do is try to make
10:02:00 this a fair process for all.
10:02:04 When I was speaking with the real estate division it didn't
10:02:09 seem like there was a standard policy, or, you know,
10:02:13 sometimes we go for RFP, sometimes we don't.
10:02:23 The regulations today, the City of Tampa will put out an RFP
10:02:26 when we have space to lease.
10:02:29 >>BOB McDONAUGH: I will make certain there's a
10:02:32 I will tell you that Mrs. vamin has been here for two years
10:02:36 and in two years we have not had a piece of property --
10:02:39 >> Come up.
10:02:39 >> I think part of that is her experience with the subject
10:02:43 But I can certainly make sure we have clarification for
10:02:46 procedures, a policy that we'll figure out a number, or a
10:02:50 square footage and make sure that it's out there to get the
10:02:53 widest coverage.
10:02:54 So we do get the most money.
10:02:58 >> Thank you very much.
10:02:59 >> Any other questions by council members?
10:03:03 All right.
10:03:05 Where were we?
10:03:07 >> Moving on now to the consent agenda.
10:03:10 >>CHARLIE MIRANDA: The consent agenda.
10:03:16 All right.
10:03:30 I'm sorry, I got -- well, committee reports, public works,
10:03:36 safety committee report, Mr. Frank Reddick, chair.
10:03:39 >>FRANK REDDICK: Move items 12 and 13.
10:03:42 >>HARRY COHEN: Second.
10:03:46 >>CHARLIE MIRANDA: Motion by Mr. Reddick, seconded by Mr.
10:03:48 Cohen on 12 and 13.
10:03:49 The ayes have it unanimously.
10:03:51 Parks, Recreation, Culture Committee chair, Mary Mulhern.
10:03:54 >>MARY MULHERN: I move items 14 through 18.
10:03:57 >> Second.
10:04:00 >>CHARLIE MIRANDA: Motion by Mrs. Mulhern, second by Mr.
10:04:02 Further discussion by council members?
10:04:03 All in favor of the motion?
10:04:05 Opposed? The ayes have it unanimously.
10:04:09 Public Works Committee chair Mr. Mike Suarez.
10:04:12 >>MIKE SUAREZ: I move item 19 through 31.
10:04:15 >> I have a motion by Mr. Suarez, second by Mr. Cohen.
10:04:19 All in favor of the motion please indicate by saying aye.
10:04:21 Opposed nay.
10:04:22 The ayes have it unanimously.
10:04:23 Finance Committee chair, Mr. Harry Cohen.
10:04:25 >>HARRY COHEN: Move items 32 through 35.
10:04:28 >> Second.
10:04:29 >>CHARLIE MIRANDA: Motion by Mr. Cohen, seconded by Mr.
10:04:32 Further discussion by council members?
10:04:36 >>FRANK REDDICK: Question on that.
10:04:40 >>CHARLIE MIRANDA: Yes, sir.
10:04:41 >>FRANK REDDICK: Someone from the legal department, I want
10:04:48 to ask a question.
10:04:52 When I look at item number 32, do you know how much the city
10:04:58 has paid out of the settlement for this year in the year
10:05:03 >> I.
10:05:04 >>SAL TERRITO: I do not know the total number.
10:05:06 I can get that for you.
10:05:07 >>FRANK REDDICK: Okay.
10:05:10 And I want to make a motion that the legal department report
10:05:16 to us on January 9th under staff reports the total
10:05:21 dollar amount the city paid out in settlement agreements for
10:05:24 the year --
10:05:27 >>SAL TERRITO: I think we issue quarterly reports on a
10:05:31 regular basis so you should have been getting them every
10:05:33 three months.
10:05:33 But if you want a total I can get that for you without any
10:05:37 >>FRANK REDDICK: Thank you.
10:05:40 >>CHARLIE MIRANDA: Motion by Mr. Reddick.
10:05:41 Second by Mr. Cohen.
10:05:42 All in favor?
10:05:43 The ayes have it unanimously.
10:05:44 >>HARRY COHEN: It will come back -- wee didn't pass the
10:05:48 original consent item yet.
10:05:50 >>CHARLIE MIRANDA: All in favor of that committee.
10:05:53 >>HARRY COHEN: 32 through 35.
10:05:56 >> Second.
10:05:58 >>CHARLIE MIRANDA: Second by Mr. Reddick on both items.
10:06:00 All in favor?
10:06:01 The ayes have it unanimously.
10:06:03 Building, zoning and preservation committee chair, Lisa
10:06:06 >>LISA MONTELIONE: Thank you, Mr. Chair.
10:06:09 I move items 36 through 44.
10:06:12 >>HARRY COHEN: Second.
10:06:21 >>CHARLIE MIRANDA: The ayes have it unanimously.
10:06:23 Vice chair Mr. Frank Reddick.
10:06:27 >> 45 through 54.
10:06:30 >> Second bill Mr. Suarez.
10:06:32 All in favor?
10:06:34 The ayes have it unanimously.
10:06:41 Items set for public hearing.
10:06:42 Motion by Mrs. Montelione.
10:06:44 Second by Mr. Cohen on 55.
10:06:47 Please signify by saying aye.
10:06:50 The ayes have it unanimously.
10:06:51 The following are second readings, quasi-judicial.
10:06:53 Is there anyone speaking on item 56 through 57?
10:06:58 You need to be sworn in.
10:06:59 And the same thing goes -- I have to wait because the other
10:07:04 is at 10:30.
10:07:05 (Oath administered by Clerk)
10:07:12 >>CHARLIE MIRANDA: Item number 56.
10:07:16 >>REBECCA KERT: Legal department.
10:07:24 >>CHARLIE MIRANDA: We opened 56 and 57.
10:07:28 Please indicate by saying aye.
10:07:30 The ayes have it unanimously.
10:07:31 >>REBECCA KERT: Legal department.
10:07:33 This is an ordinance for the Independence Park community
10:07:39 development district.
10:07:39 It has no outstanding debt and no warranty obligation.
10:07:42 The staff contemplates in this situation it can be resolved
10:07:48 by nonemergency ordinance.
10:07:51 Staff is here if you have any questions.
10:07:56 >>CHARLIE MIRANDA: Anyone in the audience care to be speak
10:07:57 on item 56?
10:07:59 >>GLORIA MOREDA: Land development.
10:08:00 I thought you had opened 57 as well.
10:08:03 The site plan has been certified.
10:08:12 >>CHARLIE MIRANDA: Anyone care to speak to item number 56
10:08:15 from the public?
10:08:16 Motion to close by Mr. Cohen, second by Mrs. Montelione.
10:08:20 All in favor of the motion?
10:08:22 The ayes have it unanimously.
10:08:25 Mr. Suarez, would you kindly take number 56, please?
10:08:29 >>MIKE SUAREZ: I move an ordinance being presented for
10:08:31 second reading and adoption, an ordinance of the city of
10:08:33 Tampa, Florida repealing ordinance number 2006-242
10:08:38 dissolving the Independence Park community development
10:08:40 district and providing an effective date.
10:08:42 >>FRANK REDDICK: Second.
10:08:45 >>CHARLIE MIRANDA: Seconded by Mr. Reddick.
10:08:47 Roll call vote.
10:08:48 Vote and record.
10:08:48 >>THE CLERK: Motion carried with are Capin being absent.
10:09:01 >>CHARLIE MIRANDA: Item number 57.
10:09:03 Is petitioner here?
10:09:18 >>GINA GRIMES: Hill, Ward, Henderson, 101 East Kennedy
10:09:21 representing the petitioner.
10:09:24 And we don't have anything further to add than what we said
10:09:27 at the hearing.
10:09:28 >>CHARLIE MIRANDA: Thank you very much.
10:09:29 Any questions from council members?
10:09:30 Anyone in the audience care to speak on 57?
10:09:34 Motion to close by Mrs. Montelione.
10:09:36 Second by Mr. Cohen.
10:09:37 All in favor of that motion?
10:09:39 The ayes have it unanimously.
10:09:41 Mr. Reddick, would you kindly take number 57, please?
10:09:44 >>FRANK REDDICK: Move an ordinance being presented for
10:09:46 second reading and adoption, an ordinance rezoning property
10:09:49 in the general vicinity of royal Hampton Boulevard south of
10:09:54 County Line Road to property line with Grand Hampton
10:09:57 Hammocks in the City of Tampa and more particularly
10:09:59 described in section 1 from zoning district classification
10:10:02 PD-A planned development alternative, and AS-1, Hillsborough
10:10:07 County, to PD-A, planned development, alternate, residential
10:10:12 single-family, detached, attached, and semi-detached,
10:10:17 providing an effective date.
10:10:17 >>HARRY COHEN: Second.
10:10:19 >>CHARLIE MIRANDA: Motion for approval by Mr. Reddick.
10:10:21 I have a second by Mr. Cohen.
10:10:22 Roll call vote.
10:10:24 Vote and record.
10:10:24 >>THE CLERK: Motion carried with Capin being absent.
10:10:34 >>CHARLIE MIRANDA: This is a public hearing on 58 through 60
10:10:36 but set for 10:30.
10:10:38 It's now 10:oh 09.
10:10:39 With council's permission unless I have objection we'll call
10:10:42 a recess to 10:30.
10:10:45 Recess till 10:30.
10:10:56 (City Council Recess)
10:29:43 [Sounding gavel]
10:32:11 >>CHARLIE MIRANDA: City Council is called back to order.
10:32:12 Roll call.
10:32:13 >>MIKE SUAREZ: Here.
10:32:16 >>MARY MULHERN: Here.
10:32:17 >>HARRY COHEN: Here.
10:32:19 >>CHARLIE MIRANDA: Here.
10:32:21 I need a motion to open 58 through 60.
10:32:23 >> So moved.
10:32:25 >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by Mr.
10:32:27 All in favor of the motion to open these items, please
10:32:29 signify by saying aye.
10:32:31 Opposed nay.
10:32:32 The ayes have it unanimously.
10:32:33 These are quasi-judicial proceedings.
10:32:36 Anyone in the audience who is going to speak on items 58, 59
10:32:39 and 360, please stand and raise your right hand and be sworn
10:32:43 (Oath administered by Clerk)
10:32:44 Items number 58.
10:32:58 >>GLORIA MOREDA: Land development.
10:33:00 This is petition AB 2-14-01.
10:33:05 The property is currently zoned CI and involves property at
10:33:10 3018 West Kennedy Boulevard.
10:33:12 The request is for a special restaurant.
10:33:17 I handed out additional staff reports, revised staff report.
10:33:24 The criteria for special restaurant is identified on page 8
10:33:29 of the revised staff report, which is more restrictive than
10:33:34 just a restaurant.
10:33:35 I just want to call that to council's attention that they
10:33:37 are complying with the requirements of those four criteria.
10:33:43 The special restaurant is proposed to be 4,701 square feet,
10:33:49 inside only.
10:33:50 The site plan shows 37 parking spaces.
10:33:54 The hours of operation will be Friday through Saturday,
10:33:58 11 a.m. through 1 a.m.
10:34:01 Sunday through Thursday from 11 a.m. to 11 p.m.
10:34:07 They are asking for a waiver of distance separation from
10:34:10 other AB establishments from 150 to 214 and residential use
10:34:17 from 250 to 7.
10:34:19 The existing parking lot in the rear is off of New Jersey
10:34:24 and extends that allowed in the Westshore overlay.
10:34:29 However that driveway is existing.
10:34:31 They are asking for reduction of two parking spaces from 86
10:34:35 to 37.
10:34:37 There are also a number of waivers related to the dimensions
10:34:41 of the parking spaces.
10:34:43 They are also asking for the use of compact parking spaces
10:34:47 from 657 to 87 percent and they are asking for a waiver of
10:34:53 the loading and unloading from two to zero.
10:34:58 The applicant is requesting for a special restaurant for the
10:35:03 sale of beer, wine and liquor, consumption on premises only,
10:35:07 and it is part of an existing shopping center.
10:35:10 I'll show you the property.
10:35:17 It is on Kennedy Boulevard and New Jersey.
10:35:21 It's an existing shopping center with parking in the rear.
10:35:32 This is looking across the street to the shopping center.
10:35:37 There's the dry cleaner at the corner.
10:35:39 And they are on the eastern-most part of the shopping
10:35:45 This is a view of the parking in the rear, as well as the
10:35:51 entrance, with the canopy area for the drop-off for the dry
10:36:00 The view along Kennedy looking east and this one is looking
10:36:07 This is located really directly across the street from where
10:36:10 the new ABC liquor is.
10:36:12 This is a view of New Jersey looking south, and the nearest
10:36:17 residential which is off of Gomez.
10:36:21 Areas adjacent to the parking area in the rear and
10:36:26 residential uses as well.
10:36:30 The applicant is indicating on his site plan there is going
10:36:34 to be revisions to the occupancy level.
10:36:37 Staff calculates it to be 118, what is shown as 94.
10:36:44 I think the applicant has agreed to that.
10:36:49 The application also indicates that there will be no sale of
10:36:52 the parking and loading area.
10:36:54 Staff is finding the request inconsistent due to waivers of
10:36:59 the distance separations as well as the parking waivers that
10:37:02 are being requested.
10:37:04 There are a number of revisions to the site plans that are
10:37:08 needed, in case City Council is inclined to approve it.
10:37:13 Those are listed between pages 2 and 5 of the staff report.
10:37:21 Again, the distance separation, this is a mixed use
10:37:24 corridor, so it's the 250-foot separation required, ABC is
10:37:30 located across the street.
10:37:31 That is the nearest other establishment, as well as 105
10:37:37 south Gomez Avenue where the take nearest residential.
10:37:41 In terms of the criteria for the special restaurant, they
10:37:45 are complying with the hours of operation.
10:37:49 They agreed that they will secure the SRX license from the
10:37:55 They also commit to know amplified music after 11 p.m., as
10:37:59 well as in a sales in any parking or loading area.
10:38:05 And the police are here to give their report.
10:38:08 >>CHARLIE MIRANDA: Police department?
10:38:09 >> Officer Don Miller, City of Tampa police department.
10:38:13 City the police have no objections to the request.
10:38:18 >>CHARLIE MIRANDA: Petitioner?
10:38:20 >>STEVE MICHELINI: Here on behalf of the petitioner, and
10:38:23 Mr. Lee, the proposed proprietor is with me this morning.
10:38:28 The proposal is to establish an Asian restaurant within the
10:38:31 hours that are stipulated on the site plan.
10:38:34 And we commit to make the changes as requested by staff.
10:38:38 It's an existing strip sent area long Kennedy Boulevard.
10:38:44 We have very little alternative other than to use the
10:38:46 existing parking lot.
10:38:47 This is typically a more moderate and lighter use.
10:38:52 This is not a late-night use.
10:38:54 And I'm certainly available to answer any questions you
10:38:56 might have.
10:38:59 But we respectfully request your approval.
10:39:01 As I said, we have committed to make the change on the site
10:39:05 plan between first and second reading at the pleasure of
10:39:09 >>CHARLIE MIRANDA: Thank you.
10:39:09 Any questions by council members at this time?
10:39:11 >>MIKE SUAREZ: Mr. Michelini, what is there now besides the
10:39:15 I'm trying to familiarize myself with it.
10:39:18 >>STEVE MICHELINI: There's several vacant individual spots
10:39:23 One of them was a workout studio.
10:39:26 There used to be a real estate office in there.
10:39:28 >> Are you saying there's nothing else there now besides the
10:39:31 dry cleaner?
10:39:33 >>STEVE MICHELINI: That's correct.
10:39:33 There are several tenant spaces and they are all either
10:39:36 vacant or marginally used.
10:39:38 >> Will this space take up the rest of whatever is vacant or
10:39:41 only taking up a third of it?
10:39:43 >> It takes up two of the tenant spaces out of the four, and
10:39:48 there are two remaining.
10:39:50 The waivers that are here will pick up and include all of
10:39:54 the waivers necessary for the entire building, not just for
10:39:57 this use.
10:39:58 And that's why when you are looking at the waivers, they
10:40:00 look a little bit out of context with the use being
10:40:04 proposed, but we had to pick up the waivers necessary for
10:40:08 the drycleaners as well as the other two tenant spaces in
10:40:12 this petition.
10:40:13 We also have parking back from the right-of-way along Gomez
10:40:17 which we could not count but it's historically been there
10:40:20 since the building was built in the 1940s.
10:40:23 >> When you are talking about Gomez, Gomez, and is thereby a
10:40:27 cross street on Kennedy Boulevard?
10:40:30 >> Between the bank and also on the south side is the
10:40:38 >>CHARLIE MIRANDA: Any other questions?
10:40:39 >>HARRY COHEN: Mr. Michelini, can you just elaborate on the
10:40:43 parking waivers from 86 to 37?
10:40:46 And what I understand you to be saying is that this doesn't
10:40:51 really characterize the parking situation, so explain what
10:40:54 the parking situation is.
10:40:55 >>STEVE MICHELINI: The parking waivers include the entire
10:41:00 building which includes the laundry and the dry cleaner.
10:41:02 It includes the other two tenant spaces.
10:41:05 And the restaurant.
10:41:06 So if you were to separate the restaurant out by itself, you
10:41:09 wouldn't need an extraordinary waiver what's being
10:41:14 Under the current policies, the city requires you under
10:41:17 single ownership and single parcel, they require you to pick
10:41:20 up all of the different uses and include them in your
10:41:28 Does that explain it?
10:41:30 >> So what you are saying is that --
10:41:34 >> When this building was built, it met the code.
10:41:39 Under the current uses and the way that you have to apply
10:41:42 the life safety code for occupancy, and the occupancy
10:41:47 calculates to when the parking spaces required.
10:41:49 The drycleaners couldn't exist.
10:41:51 The other two tenant spaces couldn't exist.
10:41:53 And the restaurant couldn't exist.
10:41:57 You would have one of the uses probably instead of four.
10:42:01 >>HARRY COHEN: And your argument is because they are not
10:42:06 really overlapping that the restaurant will be able to make
10:42:09 use of the dry cleaner space?
10:42:12 >>STEVE MICHELINI: Well, the dry cleaner space, it's a low
10:42:15 intensive use.
10:42:16 Most of that is used by the equipment and the pressing
10:42:20 machines and things like that.
10:42:22 So when you are adding four spaces, I think actually four
10:42:29 per thousand on the dry clean area loan you are already
10:42:32 operating at a deficit.
10:42:33 Could you operate the dry cleaner alone with the existing
10:42:36 parking, or you could operate the retail spaces alone
10:42:40 without the drycleaners, Bub not all of them together.
10:42:44 Now, we have other adjacent parcels that can be utilized.
10:42:48 Beautiful we can't use them on that plat, about you we
10:42:53 really don't expect there to be overthrow coming out of this
10:42:57 parking lot.
10:42:58 These are low intensive uses.
10:43:01 This is not a late night use.
10:43:02 It's typically a sushi style restaurant so people are in and
10:43:10 out fairly fast and the drycleaners typically use three or
10:43:13 four spaces as it is.
10:43:15 >>HARRY COHEN: We deal with the problem of not knowing
10:43:17 what's going to happen down the road.
10:43:19 And when these uses change one day, which they are likely
10:43:23 to, the approvals stand, and we are constantly going back
10:43:29 toe these parking waivers that we authorized, and then when
10:43:34 it blows up in our face a year later, we have no way of
10:43:42 coming back and revisiting the item.
10:43:43 And I'm trying to get some comfort here that that's what --
10:43:50 that what you are proposing is not going to create that type
10:43:52 of situation.
10:43:53 >>STEVE MICHELINI: Typically on this style of restaurant,
10:43:57 which doesn't have other components that would draw large
10:44:02 crowds and peak times and things like that, you might have a
10:44:06 greater concern.
10:44:08 But we have our own self-contained parking lot on two sides
10:44:13 of the building.
10:44:14 We have it in the rear.
10:44:15 And these are the legal parking spaces.
10:44:18 We also have it on the east side of the building.
10:44:21 And then there's some parking in the front.
10:44:23 Because you have a drop-off for the drycleaners at the
10:44:26 national cleaners, you have eliminated the possibility of
10:44:29 parking in that.
10:44:32 They aren't going to be using any spaces, and the parking
10:44:39 from the right-of-way, there are probably 10 or 12 spaces on
10:44:43 the west side of the building that we can't even count.
10:44:46 And that's where the employees park for the cleaners.
10:44:50 But again, they have very few employees.
10:44:53 Most of that is equipment, and it's a very large building,
10:44:55 and the processing for the cleaning of clothes, it really
10:45:01 doesn't --
10:45:02 >>HARRY COHEN: You are also proposing to close at 11 p.m.
10:45:05 during the week?
10:45:06 >> Yes, sir.
10:45:08 >>CHARLIE MIRANDA: Any other council members at this time?
10:45:09 Mrs. Mulhern?
10:45:10 >>MARY MULHERN: Yes.
10:45:12 Maybe this might help with the parking question.
10:45:18 What did Gloria say the occupancy was going to be?
10:45:22 >> 1718.
10:45:23 >>MARY MULHERN: So how many parking spaces would that
10:45:25 require by our code?
10:45:27 >>STEVE MICHELINI: It's about 25, maybe 26 spaces.
10:45:32 >>MARY MULHERN: And you are asking for a waiver down to 34?
10:45:35 Is that what it is?
10:45:36 >> 37.
10:45:39 >>MARY MULHERN: 37.
10:45:40 So you only think they are going to be needing --
10:45:46 >>STEVE MICHELINI: Well, there's more parking spaces there,
10:45:48 but they are not meeting the code.
10:45:51 And so we can't count them.
10:45:55 We end up losing parking spaces routinely.
10:45:58 And council, you know, we have been down this road before
10:46:00 where when you apply the life safety code, there are very
10:46:05 few establishments that can end up meeting that code unless
10:46:07 you are building brand new.
10:46:09 And in this case you have an in-fill on Kennedy where
10:46:14 restaurants are eastbound couraged, and where you really
10:46:16 want that stuff to happen.
10:46:20 You are also on a transit corridor where thereby is mass
10:46:26 transit and buses available up and down Kennedy, and
10:46:30 immediately adjacent to the is the bank and they are closed
10:46:33 at night, too.
10:46:33 We have entered into discussions with them, as well as with
10:46:36 the Tampa board of realtors, and they called me yesterday
10:46:39 and they would like to lease us their 100 space ifs we need
10:46:44 But again, those are issues that operationally we can deal
10:46:50 I have only received phone calls, and we are P are very
10:46:54 supportive, and the president of the governmental relations
10:46:57 side, Andy Scaglioni, said tell the council they are we are
10:47:05 happy to have them call me.
10:47:06 They actually wanted to schedule a holiday party there but
10:47:10 it's a little bit premature.
10:47:13 I think this is a good project and a good location.
10:47:16 It's unfortunate that the code is the way that it is that
10:47:19 makes us have to ask for these kind of waivers and I know it
10:47:24 puts council in be a very sensitive position.
10:47:26 But we have contingency plans to make sure that we are not
10:47:29 impacting the neighbors to the south.
10:47:35 >>CHARLIE MIRANDA: Any other council members?
10:47:36 Anyone in the audience care to speak on this item number 58?
10:47:40 Please come forward.
10:47:41 I see no one.
10:47:44 And you are right.
10:47:45 This is one block to the same address as the board of
10:47:48 realtors address, 2918.
10:47:50 The only reason I remember that is because that's my address
10:47:58 so I always correlate that with the board of realtors.
10:48:01 I have a motion to close by Mr. Reddick.
10:48:03 Second by Mrs. Montelione.
10:48:04 All in favor of the motion please signify by saying aye.
10:48:07 Opposed nay.
10:48:08 The ayes have it unanimously.
10:48:12 Who wants to read this ordinance on 58?
10:48:15 Mr. Reddick?
10:48:17 >>FRANK REDDICK: Move an ordinance on first reading
10:48:24 consideration, an ordinance approving a special use permit
10:48:27 S-2 for alcoholic beverage sales, special restaurant,
10:48:30 consumption on premises only, and making lawful the sale of
10:48:33 beverages regardless of alcoholic content, beer, wine and
10:48:37 liquor, on that certain lot, plot or tract of land located
10:48:42 at 3018 west Kennedy Boulevard, Tampa, Florida as more
10:48:44 particularly described in section 2, that all ordinances or
10:48:47 parts of ordinances in conflict are repealed, providing an
10:48:50 effective date.
10:48:51 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick, seconded
10:48:53 by Mrs. Montelione on 58.
10:48:59 And I believe you said between first and second reading
10:49:04 All in favor of that motion please signify by saying aye.
10:49:07 Opposed nay.
10:49:08 Motion passes unanimously.
10:49:09 >>STEVE MICHELINI: Thank you very much.
10:49:12 >>THE CLERK: Second reading and adoption will be held on
10:49:15 January 9th, 2014 at 9:30 a.m.
10:49:18 >>CHARLIE MIRANDA: Item number 59.
10:49:20 >>BARBARA LYNCH: Land Development Coordination.
10:49:24 Item 59 is vacating 1404 which is a request to vacate a
10:49:29 portion of Sherill street in the Westshore overlay district,
10:49:32 and I have a map for the overhead.
10:49:39 The applicant's property is shown in red and the portion of
10:49:42 street to be vacated is in yellow.
10:49:44 It's Sherill street, lying south of Cypress, north of Lemon,
10:49:50 east of Rushing and west of Ward street.
10:50:01 There's a large -- this is called the Lemon Street ditch.
10:50:04 From Cypress to the ditch it's improved and from the ditch
10:50:07 to Lemon Street is unimproved.
10:50:09 And I have somebody photos.
10:50:13 This is Sherill street looking south of Cypress.
10:50:17 and this is Sherill looking north of Lemon.
10:50:19 This is unimproved.
10:50:22 And the ditch bisects the street.
10:50:28 This is it there.
10:50:31 This is Sherill street looking south of the ditch at the
10:50:34 unimproved portion.
10:50:36 And this is Sherill street, the unimproved portion where it
10:50:40 dead-ends at the ditch.
10:50:44 These are pictures of the abutting uses.
10:50:47 This is the petitioner's property at the southwest corner of
10:50:50 Cypress and Sherill.
10:50:52 And this is across the street at the southeast corner of
10:50:55 Cypress and Sherill.
10:50:58 And this is another building that's east of the improved
10:51:04 And another one.
10:51:12 And this is the parking lot of one of the businesses looking
10:51:15 north of the ditch.
10:51:16 and then this is the business south of the ditch.
10:51:22 And this is on the unimproved portion.
10:51:25 And then Sherill does continue for about another block south
10:51:27 of Lemon Street.
10:51:30 Staff has no objections to this request.
10:51:32 There is an easement for stormwater and all the utilities,
10:51:38 solid waste and fire want emergency access, and there's some
10:51:41 conditions by transportation that the owners have an access
10:51:48 Petitioner is here to answer any questions.
10:51:50 And I will answer any questions that you may have.
10:51:54 >>CHARLIE MIRANDA: Thank you.
10:51:55 >> Truett Gardner, 400 north Ashley drive.
10:52:00 Just to clarify an ownership issue, we actually represent
10:52:17 number 1 in this picture which is HP Sherill LLLP.
10:52:23 Number 2 in the picture, Daniel Dorel, Sr., and number 4,
10:52:30 causeway office center.
10:52:32 The only party that abuts Sherill street that we do not
10:52:37 represent is number 5, which is renegade strategies, and my
10:52:41 client has spoken to them and they are supportive of this
10:52:43 And basically what we are doing here is this is an
10:52:52 assemblage for deck imaging.
10:52:56 One of Tampa's largest companies and one of the largest
10:53:00 employers in the area.
10:53:02 Their current headquarters is here.
10:53:04 You probably passed it on the way to be this airport.
10:53:06 You can see a little bit of 275 as it turns off there.
10:53:10 And what they would like to do is create a campus setting so
10:53:15 everything that you see in white here is what will be
10:53:18 purchased and redeveloped.
10:53:20 This yellow line here is the current Sherill street, which
10:53:28 we are vacating, but as you can see they are purchasing on
10:53:31 the other side of the street, and so they just want to
10:53:33 create more of a unified development, and this will help
10:53:38 accomplish that.
10:53:40 And then as far as justifications for the request, I think
10:53:44 first and foremost, west of Cypress is vastly used for mini
10:53:52 warehouse, long-term parking, other warehousing types uses,
10:53:57 and to give you an idea there, this is the current building,
10:54:02 and I'll show you the rendering of what we will be doing.
10:54:06 And this is currently, I believe, it's a shirt manufacturing
10:54:10 And this is abandoned now office building.
10:54:16 And to give you an idea of what they are doing, that
10:54:24 building will be torn down, and what you see up top here is
10:54:28 what will replace it.
10:54:30 And that's one of the reasons.
10:54:34 Secondly, as Barbara mentioned, Sherill street is currently
10:54:37 backed up and so is the dead-end on both sides, the he had
10:54:41 road surface doesn't function at all, and thirdly it will
10:54:43 remain open.
10:54:44 It's just going to be vastly improved and landscaped. But
10:54:47 as far as the travelers to get to one of these businesses,
10:54:53 they will be able to function the exact same as before.
10:54:57 That's all I have.
10:54:58 If you have any questions I would be more than happy to
10:55:00 >> Any questions by council members at this time?
10:55:02 Anyone audience care to speak on this item, item number 59,
10:55:07 please come forward.
10:55:09 I see no one.
10:55:11 I have a motion to close by Mr. Cohen, second by Mr.
10:55:15 All in favor of the motion please indicate by saying aye.
10:55:18 Opposed nay.
10:55:21 Hearing is closed.
10:55:22 Item number 59.
10:55:23 Mrs. Mulhern, would you kindly read that ordinance, please?
10:55:25 >>MARY MULHERN: Move an ordinance being presented for first
10:55:29 reading consideration, an ordinance vacating, closing,
10:55:33 discontinuing, abandoning a portion of Sherrill Street
10:55:35 located south of Cypress Street and north of Lemon Street in
10:55:38 Tampania subdivision, a subdivision in the City of Tampa,
10:55:40 Hillsborough County, Florida, the same being more
10:55:43 particularly described in section 1 hereof subject to
10:55:45 certain easement, reservations, covenants, conditions and
10:55:49 restrictions, more particularly set forth herein, providing
10:55:52 an effective date.
10:55:55 >>CHARLIE MIRANDA: I have a motion by Mrs. Mulhern, a second
10:55:57 by Mr. Suarez.
10:55:58 Further discussion by council members?
10:55:59 All in favor of the motion?
10:56:01 Opposed? The ayes have it unanimously.
10:56:03 Thank you very much.
10:56:05 >> Second reading and adoption will be held on January
10:56:08 9th, 2014 at 9:30 a.m.
10:56:12 >>CHARLIE MIRANDA: Thank you.
10:56:12 >> It's a pleasure to be in front of you again this year.
10:56:20 >>CHARLIE MIRANDA: I'm sure it was.
10:56:25 [ Laughter ] item number 60.
10:56:29 >>ERIC COTTON: Land Development Coordination.
10:56:30 I have been sworn.
10:56:31 This is a petition for review for VRB 13-74.
10:56:39 The applicant is Arnold Fultz.
10:56:44 Back in October, the board denied the request.
10:56:52 In summary the applicant was seeking to reduce the setback
10:56:55 for proposed ALF from 20 feet down to 10 feet, reduction in
10:57:00 the rear.
10:57:01 Mr. Grandoff is here with the applicant, if you have any
10:57:04 questions, we work more than happy to answer them for you
10:57:08 regarding the zoning issue.
10:57:09 >>HARRY COHEN: I don't see any at this time.
10:57:15 But we reserve the right to call you back up.
10:57:18 Mr. Shelby.
10:57:19 >>MARTIN SHELBY: Mr. Chairman, just a remainder again, this
10:57:23 is a review of a VRB decision, and I have passed out to each
10:57:28 of you section 27-80, the application of the variance which
10:57:33 is in fact the criteria that the VRB, and the City Council
10:57:42 would be use to determine the authorization to grant the
10:57:45 Thank you.
10:57:45 >>HARRY COHEN: Thank you very much.
10:57:58 >>JOHN GRANDOFF: Address, suite 3700, Bank of America Plaza.
10:58:03 I have the pleasure of representing Arnold and John Fultz.
10:58:08 Arnold goes by the name Bud.
10:58:09 I have represented Bud for many years. He is an established
10:58:13 ALF center.
10:58:18 One on Bay to Bay, another being on class street and another
10:58:27 one Nina's, which is Bud's wife, Nina.
10:58:34 About a block from my home at Westshore and Bay to Bay.
10:58:37 Bud and John are on the way and he will they will be here
10:58:40 shortly and I will introduce you when they arrive.
10:58:44 This project is on North "A" Street just north of Kennedy
10:58:49 And towards Westshore.
10:58:51 I would like to show you the site plan.
10:58:54 To explain the simplicity of the site plan being requested.
10:59:03 The property fronts north bay, existing home, built in 1952
10:59:08 before City of Tampa had zoning at the time.
10:59:11 This is a legal nonconforming property.
10:59:16 The front yard was built at 35 feet.
10:59:18 Today's code requires a 25-foot yard.
10:59:24 The rear yard stands 59 feet of depth.
10:59:28 Here is an existing home.
10:59:30 Here is the front yard.
10:59:32 By right, Bud could add onto the home, if he wants to put an
10:59:45 ALF here.
10:59:47 He's asking to go ten feet further into the 20-foot setback
10:59:51 and this is illustrated in yellow what he's asking.
10:59:54 He's merely asking for ten feet by 40 feet to add onto the
10:59:58 home, and the rear yard setback would then be ten feet
11:00:03 instead of 20 feet.
11:00:05 Let me show you a few photographs to give you some better
11:00:09 perspective on the project.
11:00:31 The photographs, one to Ms. Montelione, one to Mr. Suarez.
11:00:58 Here is Kennedy Boulevard, commercial on Kennedy Boulevard.
11:01:01 Here is North "A" Street.
11:01:03 Here is Hubert Avenue.
11:01:05 Here is Bud's property.
11:01:07 And I have indicated about where the ten feet would be in
11:01:09 the rear.
11:01:10 and I think what is dramatic about this is next door, in the
11:01:14 apartment complex where the front yard is fairly off of the
11:01:19 street and you will see the expansion 35-foot front yard
11:01:23 which Buddhas on the current home.
11:01:25 And if you look in the rear of the other property going down
11:01:28 "A" street you see all of them are in the rear yard setback.
11:01:31 Some of them, almost all the way to the alley.
11:01:34 Particularly this home right here has a separate structure
11:01:38 all the way to the rear, all the way here, and you will see
11:01:42 the building next door.
11:01:45 One of the criteria that you are now analyzing hardship is
11:01:48 one that will have an affect on adjacent property owners.
11:01:51 I submit to you many of the adjacent property owners already
11:01:54 have a similar rear yard.
11:02:00 This is the front of the home.
11:02:04 This will not change except parking will be placed in the
11:02:07 front and landscaping.
11:02:09 According to code.
11:02:11 You see the apartment building as I indicated to you on the
11:02:13 right as you are facing the home looking south.
11:02:16 There's a large tree.
11:02:17 That tree has to be accommodated in the site plan process.
11:02:21 We are not asking for any relief on the tree at this point.
11:02:24 And Mr. Fulton is aware he has to comply with tree
11:02:28 regulations, stormwater regulations, parking regulations,
11:02:31 landscape regulations.
11:02:33 We are here to discuss this morning the rear yard setback.
11:02:39 This side will have to be improved.
11:02:44 Here is the back of the alley and you will see the
11:02:45 commercial along Kennedy Boulevard to the west.
11:02:48 You will see large drainage intake pipe behind the property.
11:02:55 This is the back of Bud's property.
11:02:58 Here is the apartment building I showed you.
11:03:00 Very clearly.
11:03:03 Here is the apartment building from North "A" looking to the
11:03:09 Bud's property would be here to the left.
11:03:11 Here is the commercial on the other side of the alley.
11:03:15 These photographs were taken by Tony Capone, a very noted
11:03:20 Tampa photographer, and they were taken at Mr. Fulton's
11:03:25 direction at Mr. Fulton's place.
11:03:27 This is a front photograph again.
11:03:34 This is in the rear.
11:03:37 Bud took this photograph.
11:03:38 He's standing in the rear of his yard looking north showing
11:03:42 you the apartment building to the left.
11:03:45 And that's approximately where he's going to have his
11:03:49 addition to the home to provide housing for elderly folks.
11:03:53 This is Bud standing in the alley, two houses to the east.
11:03:58 And you can see there's already an existing structure within
11:04:02 that setback as well.
11:04:03 So this is nothing unique to the neighborhood.
11:04:09 Again, that existing structure looking east is Hubert.
11:04:15 Here is a parking lot in the same block into the yard.
11:04:21 Now we are looking down North "A" to give you a flavor of
11:04:25 what is on North "A," multifamily housing, single-family
11:04:29 housing, here is across the street from Bud, again across
11:04:32 the street, classic 1950s neat architecture apartment.
11:04:45 >>CHARLIE MIRANDA: Nothing wrong with the 50s.
11:04:46 >> And this is a very dramatic photo because this is
11:04:50 standing in front of the house looking west towards
11:04:53 Westshore, and here is the apartment building I'm speaking
11:05:00 The Variance Review Board motion is to deny the variance
11:05:04 because -- Mr. Fulton is here.
11:05:11 Let me bring him in.
11:05:14 The Variance Review Board's motion was to deny the variance
11:05:17 because it substantially interferes with adjacent property
11:05:22 This is Mr. Amadao's justification for the denial, and he
11:05:28 said that it compromises public health, safety and welfare.
11:05:31 Mr. Brown seconded the motion and spoke on the motion, and
11:05:36 he said this is a self-imposed hardship because without this
11:05:41 proposed use you can still use the property.
11:05:46 It has nothing to do with self-imposed hardship.
11:05:48 In fact, the code at section number 1 of the five criteria
11:05:54 says -- let me pause for a moment.
11:06:00 Bud Fulton and his son John Fulton.
11:06:04 The first criteria, the Variance Review Board considered,
11:06:10 is, number one, the alleged hardship practical difficulties
11:06:14 are unique and singular with respect to the property or with
11:06:18 respect to the structure or building there on and are not in
11:06:28 common with other buildings or properties similarly located.
11:06:31 To translate that for you, the property is unique in that it
11:06:34 has a 35-foot front yard instead of 25-foot yard.
11:06:40 But for that, we would have enough room to build the
11:06:44 Bud did not create that.
11:06:45 It was created in 1952.
11:06:47 The code clearly says that is not a self-imposed hardship.
11:06:51 Mr. Brown's statement on the motion is clearly illegal and
11:06:54 not proper under the code.
11:06:56 Number two of the criteria says it does not result from
11:07:01 actions of the applicant.
11:07:02 Again, the 35-foot front yard was not created by Bud.
11:07:06 He took the land as he found it.
11:07:09 The request he's asking for is be very similar to others
11:07:11 along North "A" by simply reviewing the photographs.
11:07:20 You can see how dramatic his front yard is compared to
11:07:23 others, and his rear yard compared to others.
11:07:27 It would be consistent with his neighbors if he had the
11:07:30 variance approved.
11:07:31 Number three of the criteria --
11:07:34 >>CHARLIE MIRANDA: Ms. Mulhern?
11:07:37 >>JOHN GRANDOFF: Number 3 criteria framed the other two
11:07:40 questions and says it will not substantially interfere with
11:07:43 the other properties, without interfering or injuring the
11:07:52 health, safety and welfare of others whose property would be
11:07:56 affected by the variance.
11:07:58 Again the area is demonstrative that it will not
11:08:04 substantially interfere with his neighbors.
11:08:07 The classic objecting neighbor is the neighbor to the rear.
11:08:10 There's been no objection uttered by the commercial owners
11:08:13 along Kennedy Boulevard.
11:08:15 The fourth criteria requires that this is in harmony with
11:08:21 the general intent and purpose of chapter 27 and the Tampa
11:08:24 comprehensive code -- comprehensive plan.
11:08:27 The property is zoned RM-24 with a multifamily zoning
11:08:31 This use is a residential use within the RS 24 zoning
11:08:36 It is not a commercial use.
11:08:38 Some of the comments from the Variance Review Board stated
11:08:40 it was a commercial use.
11:08:42 Again, a mistaken assumption on their part.
11:08:44 This use is permitted within the RM-24 he and it provides
11:08:50 affordable housing for the elderly, which is certainly an
11:08:53 aim and goal of the Tampa comprehensive plan.
11:08:57 The fifth and final criteria is allowing the variance will
11:09:00 result in substantial justice being done considering the
11:09:06 public benefit to be derived and individual hardship or
11:09:09 practical difficult that would be suffered by my client if
11:09:12 the variance were denied.
11:09:14 If you look at the overall riding purpose of the
11:09:17 comprehensive plan provides substantial, quality, affordable
11:09:21 housing to all residents of all ages, and Mr. Full ton's
11:09:25 expertise in this field, and this business, I think he
11:09:29 meets -- I submit to you that he meets the criteria of
11:09:32 number 5.
11:09:34 In summary, the Variance Review Board denial is not based
11:09:39 upon the law, is not based upon competent, substantial
11:09:43 I urge you to consider the application this morning, reverse
11:09:47 the decision built Variance Review Board, and approve the
11:09:50 I'll remain available to you for further questions or any
11:09:53 rebuttal if necessary.
11:09:56 >>CHARLIE MIRANDA: Thank you very much.
11:09:59 Mrs. Mulhern.
11:09:59 >>MARY MULHERN: I wanted to find out from you what you were
11:10:06 requesting for the variance.
11:10:08 How does it translate into the occupancy?
11:10:15 Like if it were denied, or if it were allowed, how many more
11:10:19 residents could you put in the home?
11:10:23 Because it looks like you still have a lot of room.
11:10:30 >>JOHN GRANDOFF: His plan is to prepare for 12 residents by
11:10:33 getting the variance.
11:10:35 >>MARY MULHERN: If he didn't get the variance --
11:10:38 >>JOHN GRANDOFF: Let me ask.
11:11:05 >>MARY MULHERN: You mean 10 instead of 12?
11:11:56 >>JOHN GRANDOFF: 8 to 10.
11:11:58 But you get into the business issue of whether the project
11:12:03 is viable.
11:12:03 And that's not your problem.
11:12:06 >>MARY MULHERN: Okay.
11:12:10 I understand that because for a residential facility -- I
11:12:17 mean, we can see that big apartment complex next door, which
11:12:22 I guess takes up probably two lots.
11:12:27 But then this was my other question for you.
11:12:30 As you go east, it looks like it's mostly single-family or
11:12:35 smaller residences.
11:12:37 And I don't think you showed us any pictures of those.
11:12:43 >>JOHN GRANDOFF: I have some.
11:12:43 >>MARY MULHERN: Okay.
11:12:48 >> Looking down the street, Mrs. Mulhern.
11:13:00 This is the home next door.
11:13:02 Then you have residential going down towards Hubert.
11:13:05 >>MARY MULHERN: It also looked like on the other side of
11:13:08 the apartment building as you go west on the same side of
11:13:11 the street, they were also single-family.
11:13:18 Is that pretty much what they are as you go west?
11:13:22 On that side?
11:13:25 >> In multifamily.
11:13:26 >> The home next door.
11:13:45 >> Okay.
11:13:48 Thank you.
11:13:48 >> Any other council members at this time?
11:13:51 All right.
11:13:51 This is a public hearing.
11:13:52 Anyone in the public care to speak to item number 59, please
11:13:55 come forward.
11:13:56 >> Good morning.
11:14:25 I'm a resident of 209 north Hubert Avenue, palms
11:14:31 neighborhood, also the treasurer of the Westshore Palms
11:14:33 neighborhood association.
11:14:36 Before I begin my comments, I would like to know if you have
11:14:39 received the copy of the letter that was sent by the
11:14:44 Regarding the position of the neighborhood association in
11:14:49 regards to the planned development.
11:14:58 The owners have requested a variance to reduce the rear yard
11:15:02 and place the assisted living facility on that parcel.
11:15:06 The Variance Review Board denied their request for variance,
11:15:09 and we would like to request that you up hold the decision
11:15:13 of the variance review board.
11:15:16 Furthermore, that the owners of the parcel be required to
11:15:20 submit to the planned development trust.
11:15:24 My understanding is that a variance is only granted when the
11:15:29 applicant has demonstrated practical difficulties for
11:15:34 unnecessary hardship and that the public health, general
11:15:42 welfare are protected.
11:15:43 There are numerous potential threats to the general welfare
11:15:46 of the community in granting this variance.
11:15:51 Some of these concerns include that the assisted living
11:15:57 facility does not accommodate more residents than reasonable
11:15:59 given the size of the parcel.
11:16:02 Ensuring that this parcel is not converted to be a
11:16:06 commercial facility in the future, such that the properties
11:16:13 may be maintained.
11:16:15 Evaluate the redevelopment of the yard of the parcel to
11:16:18 ensure that it maintains residential quality consistent with
11:16:22 the neighborhood, ensure that the parcel is proportional and
11:16:29 appropriate for the size of the ALF.
11:16:32 Considering the problem of this particular block due to the
11:16:35 numerous grandfathered multifamily dwellings that were built
11:16:39 in the 50s.
11:16:41 We also need to make sure that waste disposal is adequate.
11:16:46 Right now, Tampa waste management, the really nice man who
11:16:53 drive that truck, has to stop, pick up cans, because there's
11:16:57 so many cars parked that he has to get out of the truck to
11:17:00 pick up the cans, because the arm can't reach them.
11:17:04 That's the problem.
11:17:06 I commend the man.
11:17:07 He's wonderful.
11:17:09 In summary, we would like to make sure that you up hold the
11:17:15 Variance Review Board decision.
11:17:21 Merry Christmas.
11:17:22 >>CHARLIE MIRANDA: Same to you.
11:17:23 Thank you very much.
11:17:24 Next please.
11:17:27 >> Before my minutes start I would like to present to the
11:17:33 attorney for the City Council the petition opposing the
11:17:35 variance request to accommodate an assisted living facility
11:17:38 so it can be received and made part of the file.
11:17:40 >>CHARLIE MIRANDA: Need a motion to receive and file.
11:17:42 I have a motion by Mr. Reddick, second by Mr. Cohen.
11:17:45 All in favor of the motion?
11:17:47 The ayes have it unanimously.
11:17:50 Yes, ma'am, let's go.
11:17:51 We understand.
11:17:52 >> My name is Ann Marie Riley, 4306 North "A" street.
11:17:58 The petition I presented has been signed by 11 property
11:18:01 owners on the same block as the parcel on North "A" Street
11:18:04 and outlines the reasons for our opposition to this project.
11:18:08 I have forwarded a copy of the petition in advance.
11:18:12 I would also like to make a comment on the petitioner's
11:18:15 bases for petition for review where it mentions that one
11:18:19 owner spoke at the meeting on October 8th.
11:18:23 I attended the October 8th meeting and would like to
11:18:25 state for the record that there was neighborhood opposition
11:18:27 presented at that meeting.
11:18:29 Two neighbors spoke, two others were in attendance, and I
11:18:33 personally gave Mr. Cotton at the meeting copies for the DRB
11:18:36 of both a petition signed by several homeowners on North "A"
11:18:39 Street as well as the letter from the west palms
11:18:44 neighborhood association.
11:18:45 These copies were also sent in advance to the VRB for review
11:18:50 before their meeting.
11:18:52 North "A" street consists of all residential properties and
11:18:54 the residents of this block would like to see that it is
11:18:57 kept residential.
11:18:58 The petitioner does not live in the parcel and it appears to
11:19:01 be a rental property.
11:19:03 The variance quarterback is not only a self-created hardship
11:19:06 but would also change the nature of the quality of life on
11:19:10 our street and affect our property values.
11:19:13 There will be a huge addition in the backyard of this
11:19:16 single-family home and altering the appearance this home
11:19:20 with an asphalt driving parking area with minimal
11:19:23 landscaping gives the appearance of a commercial
11:19:27 As the only two parcels on the site plan.
11:19:30 Also for those of us who make North "A" Street our home, who
11:19:33 knows what will happen in the future if the property is sold
11:19:39 once it has this huge building on it.
11:19:41 I am requesting that you support us in maintaining a quality
11:19:43 of life on our street now and for the future by upholding
11:19:47 the decision of the VRB and denying the variance quarterback
11:19:50 to accommodate this assisted living facility.
11:19:56 Thank you very much.
11:19:59 >>CHARLIE MIRANDA: Next, please.
11:19:59 >> Thomas Vanderpool, I live at 4306 North "A" Street and I
11:20:05 oppose this variance request.
11:20:06 The petition presented to you has been signed by a majority
11:20:09 of property owners on the block where this parcel is
11:20:13 This along with the letter from the Westshore Palms
11:20:15 neighborhood association shows that there is considerable
11:20:18 opposition to allowing this variance.
11:20:21 To summarize, the main concerns as outlined in the
11:20:24 petitioner as follows:
11:20:26 The site is not large enough to accommodate an assisted
11:20:29 living facility of this size and the commercial nature and
11:20:33 appearance of the building would be incompatible with the
11:20:37 surrounding neighborhood.
11:20:40 Parking is certainly to be a major issue with this
11:20:42 development as well as rain water runoff.
11:20:44 We were also concerned about possible alternate future uses
11:20:48 for a commercial building of this type.
11:20:51 The main point that I would like to make is that the
11:20:54 applicant desires to build a large facility in no way meets
11:21:00 the hardship criteria that is entirely self-created.
11:21:04 This development is incompatible with the surrounding homes
11:21:07 and will negatively impact the property values and quality
11:21:10 of life of our neighbors.
11:21:13 I hope that you will take that into account and deny this
11:21:16 Thank you.
11:21:18 >>CHARLIE MIRANDA: Thank you very much.
11:21:19 Does anyone else in the audience care to be speak on this
11:21:21 item who has not spoken yet?
11:21:24 Petitioner, you have five minutes for rebuttal.
11:21:31 >>JOHN GRANDOFF: The matter before you of the rear yard
11:21:33 setback, Mr. Fulton is bound by all other codes.
11:21:40 He is not exempted from parking, trees, landscaping,
11:21:45 There will be two blue, one green dumpster, manned by the
11:21:49 staff at the facility.
11:21:53 The comments about parking, waste disposal, front yard, that
11:21:57 is not relevant to what you are considering this morning.
11:22:00 It's what is a hardship criteria, which I believe Mr. Fulton
11:22:05 adequately met, comparing the other properties nearby.
11:22:09 None of the commercial owners on Kennedy Boulevard had
11:22:15 The green house on the alley, that's the property of the man
11:22:22 who just spoke in opposition.
11:22:31 Those questions, what would be the affect upon adjacent
11:22:35 property owners?
11:22:36 How can you possibly affect this gentleman's rights if the
11:22:40 variance is granted?
11:22:43 You see, it is the very same setback.
11:22:45 In fact, further into the setback for Mr. Fulton.
11:22:49 The two ladies that objected, one voiced an objection on
11:22:52 behalf of the neighborhood association, their objections are
11:22:56 couched in terms of the front of the house.
11:22:58 Remember, we are at the back of the house, adding on 400
11:23:04 square feet to the rear that faces a commercially behind
11:23:07 Kennedy Boulevard.
11:23:09 The house will retain its residential feature.
11:23:13 The driveway will be improved.
11:23:15 They will place the parking in the front, two spaces in the
11:23:19 front, maybe four spaces in the front.
11:23:21 Nothing extraordinary.
11:23:24 Especially since there's an apartment building immediately
11:23:26 to the west.
11:23:35 The apartment building immediately next door.
11:23:52 Apartment condominium.
11:23:54 RM-24 zoned property.
11:23:55 This is not RS-60, RS-50 property.
11:24:00 RM-24 property.
11:24:01 This is where you put multifamily housing, albeit assisted
11:24:08 living or Alzheimer's citizens of your city who need
11:24:14 affordable housing.
11:24:22 Simply all we want to do, we need an extra ten feet.
11:24:25 I submit to you that the record is ample to justify the
11:24:28 variance, and I urge you to reverse the VRB and approve it
11:24:34 this morning.
11:24:34 These all I have.
11:24:36 >>CHARLIE MIRANDA: Mrs. Montelione?
11:24:37 >>LISA MONTELIONE: Mr. Grandoff, how many parking spaces?
11:24:41 On the site plan it's just a marked-in area where the
11:24:45 parking will be.
11:24:46 But it doesn't show us the numbers.
11:24:50 >>JOHN GRANDOFF: The code requires two.
11:24:55 Two are planned here.
11:24:57 Bud can put two more here.
11:24:59 He can also place two here off the alley.
11:25:01 He's going to place -- he's going to install four.
11:25:05 Code requires two.
11:25:06 >>LISA MONTELIONE: And as you said, most of the objections
11:25:13 were being couched at the front of the property.
11:25:22 And in our code, it states 27.80 under letter "B," the VRB
11:25:32 may impose reasonable conditions upon the granting of any
11:25:34 variance to ensure that the public health, safety, general
11:25:37 welfare shall be protected and substantial justice done.
11:25:45 And if we could address some of the concerns that are
11:25:50 outlined in both the petition and the letter, there are some
11:25:56 very specific things that were mentioned, then we might be
11:26:01 able to come to some sort of middle ground, if you will.
11:26:09 One of them is the last bullet point in the letter from the
11:26:15 west palms neighborhood association which I'm sure you have
11:26:17 a copy of.
11:26:20 >>JOHN GRANDOFF: Number 5 letter.
11:26:21 Yes, ma'am.
11:26:22 >> And the last one ensure the environmental concerns are
11:26:25 addressed, there's a concern about an oak tree, and there's
11:26:28 also concern about rain water runoff.
11:26:35 The picture is not on the overhead right now but it's
11:26:39 St. Louis on our overhead, the condominium across the way,
11:26:42 and it is a lot of concrete.
11:26:44 But there are treatments that are used.
11:26:48 As a matter of fact, we saw one just last weak when we were
11:26:51 considering the Walker Brands property case where they used
11:26:59 pervious pavers rather than solid concrete so it allowed for
11:27:04 at Walker Brands, because they are environmentally
11:27:07 conscious, LEED certified building, and it allows the rain
11:27:11 water to perk you late rather than run off, so there's some
11:27:16 amount of stormwater contained on the site.
11:27:20 And the third -- let's see, the fourth one is why I asked
11:27:28 the question about the parking.
11:27:31 Parking is proportional and appropriate to the size of the
11:27:36 How many people are required on the staff of an ALF for 12?
11:27:42 Because I know that's regulated, I believe, by the
11:27:45 Department of Health?
11:27:49 >>JOHN GRANDOFF: One -- by state law, one, butted is going
11:27:51 to provide two.
11:27:52 >> So of the four parking spaces, two will be occupied by
11:28:00 >>JOHN GRANDOFF: Potential.
11:28:01 Many of them are dropped off.
11:28:02 Some take mass transit to get to work.
11:28:05 But you will have two available, as you would in a
11:28:09 single-family home.
11:28:09 You could have two people.
11:28:11 >> Is that why the code requires two?
11:28:13 Because you said the code only requires two and that's why
11:28:15 the code requires two for staff, not for the residents?
11:28:18 Because we are assume the residents of an ALF will not
11:28:23 >> That's correct.
11:28:23 >>LISA MONTELIONE: And unfortunately, it also mentioned,
11:28:30 having spent some time visiting my own mother in an ALF,
11:28:34 unfortunately many of the patients don't have visitors.
11:28:36 And that's the sad state of affairs but it is the reality.
11:28:42 And trying to see if there's somebody way -- I mean --
11:28:48 >> One other condition that I thought of that I forgot to
11:28:51 mention on rebuttal, an ALF and nab other.
11:28:57 >> And that is another of the concerns, and also that the
11:29:00 front yard maintain the character of the residential.
11:29:03 So I heard minimal landscaping mentioned a couple of times,
11:29:07 and, you know, if we could avoid the concrete that is across
11:29:13 the street of the condominium project, then, you know,
11:29:19 there's maybe some other concerns that could be addressed.
11:29:21 And I'm just curious, one last question, when you have the
11:29:26 aerial of the adjoining properties, it's unfortunate we
11:29:32 don't have the head-on view.
11:29:34 I think Mrs. Mulhern was trying to get to be that to be see
11:29:37 what the residential side, going east, looks like.
11:29:40 I mean, we have a view looking down the street from the
11:29:44 middle of the street but not facing --
11:29:52 >>JOHN GRANDOFF: This is Mr. Manifold's house.
11:29:55 >> But we can't see the front of the house immediately
11:29:58 adjacent to the property.
11:29:59 >> Well, we have one more pile here.
11:30:01 Let me just check.
11:30:02 >>LISA MONTELIONE: Fabulous.
11:30:10 That's what I wanted to see.
11:30:15 And that dirt drive would be to the subject property?
11:30:19 >> And that has to be improved.
11:30:21 He has to bring that up to code.
11:30:22 That is not compliant.
11:30:26 Here is the home.
11:30:27 That would be addressed.
11:30:28 That's Bud's property.
11:30:35 But on Bay to Bay, very well landscaped, two story ALF
11:30:40 We did a rezoning on that one.
11:30:41 >>LISA MONTELIONE: I would be more inclined to support your
11:30:50 action to return to the VRB if we could condition those
11:30:56 particular things we talked about, residential landscaping,
11:31:01 that it would only be ALF, could not be converted to
11:31:04 something else, and that we utilize some sort of pervious --
11:31:13 >>JOHN GRANDOFF: Stormwater potential or stormwater
11:31:15 We can do that.
11:31:15 >>LISA MONTELIONE: That's all I have.
11:31:20 Thank you.
11:31:21 >>CHARLIE MIRANDA: Ms. Mulhern?
11:31:23 >>MARY MULHERN: Yes.
11:31:25 I'm still looking at this overhead.
11:31:27 And it looks to me -- and you had the picture of the family
11:31:34 next door up.
11:31:35 It looks like they are set back, their backyard setback to
11:31:43 code, probably the 20 feet, isn't it?
11:31:47 That one, yes.
11:31:48 Looks like they have about a 20-foot setback.
11:31:51 Do you know?
11:31:53 >> Yes, that's pretty close.
11:31:54 >>MARY MULHERN: And all of the other, you pointed out some
11:32:01 of the residents that were objecting to have structures that
11:32:07 are in the setback, but those are all accessory structures,
11:32:14 and mostly garage, aren't they?
11:32:17 >>JOHN GRANDOFF: I don't know.
11:32:18 >>MARY MULHERN: A garage apartment?
11:32:24 Well, when you look at the -- at this overhead, then we are
11:32:29 going to assume it's current.
11:32:30 It looks to me like the main structure, none of them are
11:32:35 within that backyard setback, including the apartment next
11:32:45 >>JOHN GRANDOFF: Here you have it.
11:32:48 >>MARY MULHERN: That looks like it's a garage, the red
11:32:52 And I can't tell if that's a structure.
11:32:58 It looks Luke it's concrete, that bun.
11:33:02 >>JOHN GRANDOFF: Mrs. Mulhern, I wasn't intending to say
11:33:06 they got one, give us one.
11:33:08 What I meant was the code asks you to consider the impact
11:33:13 upon adjacent property, and if they are already living in
11:33:19 that rear yard setback, whether it's accessory use or
11:33:22 connected, how can they be impacted substantially?
11:33:25 >>MARY MULHERN: Right.
11:33:26 But I'm just saying if you are thinking of this being an
11:33:29 individual hardship, it's not something that's the other,
11:33:39 you know, the surrounding properties have just what was
11:33:43 probably, you know, was allowed as an accessory structure.
11:33:48 >> But they were allowed to build some of them at 25 feet
11:33:51 from the front.
11:33:53 We are 35 feet from the front.
11:33:55 But for that, they are at 10 fate.
11:33:58 If we have 25 feet to the front I don't believe we would be
11:34:01 here this morning.
11:34:01 We would be building 20 feet from the rear.
11:34:03 So we are trying to recapture the 10 that was lost on the
11:34:07 >>MARY MULHERN: Okay.
11:34:11 >>CHARLIE MIRANDA: Any other council members at this time?
11:34:17 Thank you very much.
11:34:19 Need a motion to close.
11:34:21 I have a motion by Mrs. Montelione to close, second by Mr.
11:34:26 All in favor of the motion to close on item number 59,
11:34:28 please signify by saying aye.
11:34:33 I'm sorry.
11:34:34 By saying aye on 60.
11:34:37 The hearing is closed.
11:34:39 Item number 60.
11:34:40 Any further discussion?
11:34:48 I have Mrs. Montelione and Mrs. Mulhern.
11:34:50 >>LISA MONTELIONE: Thank you.
11:34:51 I would move to overturn the decision of the VRB and approve
11:34:56 the use as requested by the applicant with the provision of
11:35:02 the conditions on the property that I had brought up
11:35:07 earlier, and as referenced in the Westshore Palms
11:35:11 neighborhood association letter dated December 5th, that
11:35:19 the parcel will not be an commercial facility that it is
11:35:23 conditioned that this will be an ALF and continue to be used
11:35:27 as an ALF, that the front yard be landscaped in a
11:35:33 residential style so that the residential nature of the
11:35:37 property is maintained from the street, that the parking
11:35:46 area as indicated on the site plan in the front be
11:35:50 constructed of pervious pavers or like material so that
11:35:58 there would be assurance or some retention of stormwater
11:36:17 >>CHARLIE MIRANDA: Counselor?
11:36:20 >>MARTIN SHELBY: Council, I understand council's intent,
11:36:23 and I can appreciate what it's attempting to do here
11:36:27 especially considering the criteria of 2780, subsection B.
11:36:34 My suggestion, council, would be that it would perhaps be
11:36:40 beyond the council's scope in a de novo review to do B with
11:36:45 all those conditions as opposed to perhaps the better course
11:36:49 of action would be to refer it back to the VRB for the
11:36:54 purposes of being able to weigh those conditions that
11:37:01 council has raised, that the community has raised, and the
11:37:05 fact would be -- and I am going to refer you to 27-61, the
11:37:11 review of the board's decision.
11:37:14 And I would like to read that.
11:37:15 Reviewing a board decision, City Council shall apply a
11:37:17 de novo standard of review and shall not be limited in its
11:37:23 review for that information and documentation upon which the
11:37:26 board bases its determination.
11:37:28 City Council shall follow all applicable ordinances in
11:37:31 arriving at a decision when they receive new evidence.
11:37:34 City Council after reviewing the decision of the board and
11:37:36 hearing evidence and testimony may either affirm the board's
11:37:40 decision, may remand the matter back to the board for
11:37:42 further proceedings with direction on how the board fails to
11:37:45 comply with the standard of the code, or may overturn the
11:37:47 decision of the board, if a petition is remanded back to the
11:37:52 board, then the board shall only consider and take action
11:37:55 upon the direction from the city indicating how the board
11:37:57 fails to comply with the applicable code standards.
11:38:00 Mr. Mueller, I don't nobody when you wish to add anything
11:38:03 for the purposes of the record to what I just said.
11:38:07 >>ERNEST MUELLER: Assistant city attorney.
11:38:08 In an effort to try to clarify a little bit of what would
11:38:12 happen in these conditions, if this went back to the
11:38:17 Variance Review Board, it's been the position that the only
11:38:20 thing the Variance Review Board can condition is what is in
11:38:23 their jurisdiction.
11:38:26 In this application, what it is is for a rear yard setback.
11:38:31 So to the extent a condition is connected to that rear yard
11:38:35 setback is what is going to be allowed to be conditioned.
11:38:39 Therefore, here, as you would make some conditions that are
11:38:43 outside of that, and you step into the shoes of the VRB, you
11:38:47 won't be able to do anything greater than what the VRB does.
11:38:51 So, therefore, some of the conditions that I heard are going
11:38:55 to be outside the jurisdiction of what this hearing does.
11:39:00 >>CHARLIE MIRANDA: Let me say this.
11:39:01 And I am not an attorney.
11:39:02 But what I think I dislike is that all of us will hear.
11:39:10 There was no objection from the attorney representing
11:39:12 variance review board at that time.
11:39:14 You wait till after the hearing is closed, after the
11:39:17 presentations are made from both sides, to be say that we
11:39:20 have an objectionable view of the facts.
11:39:24 Why weren't those facts presented during the hearing?
11:39:29 >>ERNEST MUELLER: As I saw where this was going, I was
11:39:32 talking with someone outside to ensure that we were going
11:39:36 with a use type of condition.
11:39:37 I wanted to get some advice on that.
11:39:39 I was outside when all the other conditions were read.
11:39:41 The first I heard them single-family when I got back in here
11:39:45 during the official motion.
11:39:47 >>CHARLIE MIRANDA: I can only say that I feel -- and I am
11:39:48 only speaking for myself -- I need someone to take ahold of
11:39:54 whatever -- and I am not speaking to you, sir -- I need
11:39:56 someone to take ahold of whatever the conditions are at that
11:40:00 I don't need someone asking someone else for counsel during
11:40:04 the council meeting process when we are having the hearing.
11:40:08 If that's the case, then as soon as you hear that, ask for
11:40:12 this council to have a five-minute recess to get whatever
11:40:15 directions the administration wants.
11:40:18 But to hold the hearing, close the hearing, and then have an
11:40:22 objectionable part to be say that the only part that we
11:40:25 should consider is the rear setback because that's what the
11:40:29 variance review board held, I think this law, this process,
11:40:38 that this council has still has the right, even if the
11:40:41 variance review is only on the back of the building, for
11:40:47 protection of the neighborhood if it was this council's
11:40:50 ability to pass this.
11:40:53 That's my opinion.
11:40:56 For the betterment of all.
11:40:58 Are we saying then that the only thing that we can condition
11:41:00 is the rear side, because that was the only thing that was
11:41:03 brought up?
11:41:04 And this petition or any other petitioner will then have the
11:41:07 right to do what he or she cares to do without doing any
11:41:10 representation to be help ease the pain of the neighborhood?
11:41:15 I don't think that's what we want.
11:41:17 Maybe I'm wrong.
11:41:18 But from what I'm hearing, is that we are going to be
11:41:22 limited to only a certain portion, which I don't believe is
11:41:26 fair to the neighborhood.
11:41:30 >>MARTIN SHELBY: Mr. Chairman, is it possible to hear Mr.
11:41:33 Grandoff's position on what's been proposed?
11:41:38 >>JOHN GRANDOFF: A couple things.
11:41:38 You are in a de novo hearing this afternoon.
11:41:41 You are plenary power to administer the code as you deem
11:41:45 >>CHARLIE MIRANDA: Please stop one second sir and tell the
11:41:47 public what be de novo is.
11:41:50 >>JOHN GRANDOFF: Brand new hearing.
11:41:50 Brand new U.like blank slate.
11:41:53 Hearing it all this morning.
11:41:55 If you F you were imposing a condition than my Clint was not
11:41:58 agreeable to, I agree with Mr. Mueller's opinion that you
11:42:00 cannot impose that condition with the request in the rear.
11:42:07 If you are imposing a condition that my client agrees to, he
11:42:10 may agree to your access that power.
11:42:16 He told me he's agreeable to these conditions imposed by
11:42:19 Mrs. Montelione and he can accept those conditions.
11:42:22 We will go a step further and ask that you continue the
11:42:26 matter to the next hearing, and I will come back with those
11:42:32 conditions drafted and reviewed by the city attorney to make
11:42:35 sure that they are adequate and proper.
11:42:40 >>CHARLIE MIRANDA: I don't think anyone can be impose
11:42:42 opposed to that.
11:42:44 Maybe I'm wrong.
11:42:45 It works for all of us, I think.
11:42:49 >>JOHN GRANDOFF: He agrees to the conditions you want to
11:42:51 impose even though they relate to the front yard.
11:42:52 >>MARTIN SHELBY: Mr. Chairman, that would be my
11:42:55 recommendation as well.
11:42:56 >>CHARLIE MIRANDA: All right.
11:42:57 Give me a date.
11:43:02 I have a motion to continue this hearing to January --
11:43:08 >>THE CLERK: Open the public hearing?
11:43:11 >>CHARLIE MIRANDA: Well, motion by Mrs. Montelione to open
11:43:14 the public hearing for this council to make a motion.
11:43:18 Seconded by Mr. Cohen on a close vote with be Mr. Suarez.
11:43:21 All in favor of that motion?
11:43:23 The ayes have it unanimously.
11:43:25 Give me that date again.
11:43:26 >> January 9th at 10:30 a.m.
11:43:31 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen for January
11:43:33 9th at 10:30 a.m., seconded by Mr. Reddick.
11:43:36 This hearing will be then de novo.
11:43:41 I don't want to leave the neighborhood or anyone else.
11:43:44 All in favor of that?
11:43:46 Motion passes unanimously.
11:43:48 Thank you all for attending.
11:43:50 January 9th at 10:30 in the morning the year 2014.
11:43:55 Thank you all.
11:43:56 Appreciate it very much.
11:43:59 Very educational.
11:44:01 Information reports by council members.
11:44:02 Mr. Suarez.
11:44:03 >>MIKE SUAREZ: Just two things.
11:44:06 First of all, today is my mother's birthday.
11:44:10 She's 76 today.
11:44:16 She's a life-long resident of Tampa, and very happy for her,
11:44:21 and hope that she enjoy it is rest of her day and I'll see
11:44:24 her later on.
11:44:25 >> And she's going to be upset that you mentioned how old
11:44:28 she is on camera.
11:44:30 >>MIKE SUAREZ: Nonetheless, I hope you have a happy
11:44:34 birthday, Mom, and happy holiday to everyone.
11:44:37 Have a Merry Christmas and safe new year.
11:44:39 We'll see you next year.
11:44:40 >>FRANK REDDICK: Mr. Chair, just a few corrections from a
11:44:45 previous motion.
11:44:46 The motion that I made last Thursday to give a commendation
11:44:51 to Mr. Robert Allen. It should be Mr. Robert Butler.
11:45:06 >>CHARLIE MIRANDA: Motion by Mr. Reddick.
11:45:07 Second by Mr. Cohen.
11:45:08 All in favor?
11:45:10 The ayes have it unanimously.
11:45:11 >>FRANK REDDICK: The City of Tampa Black History Committee
11:45:17 is requesting the city seal for the Black History Month
11:45:27 program February 2014.
11:45:29 >>CHARLIE MIRANDA: Motion for use of the city seal by Mr.
11:45:31 Reddick, second by Mr. Cohen.
11:45:33 All in favor of the motion?
11:45:35 Ayes have it unanimously.
11:45:38 Thank you very much.
11:45:39 Mrs. Mulhern.
11:45:40 >>MARY MULHERN: None.
11:45:42 >>CHARLIE MIRANDA: Merry Christmas to you, Mrs. Mulhern.
11:45:43 Thank you.
11:45:45 Mr. Cohen.
11:45:45 >>HARRY COHEN: No new business.
11:45:48 Hope everyone has a wonderful couple of weeks off and happy
11:45:51 new year and we'll see you in January.
11:45:53 >>LISA MONTELIONE: Thank you, Mr. Chair.
11:45:56 I actually have two pieces of new business.
11:45:58 One is that I would like to present a commendation on the
11:46:04 date of our January 30th workshop to the level 5 USA
11:46:11 athletes that have trained at our new Tampa gymnastics
11:46:17 They are the AAU state champions which took place this past
11:46:23 weekend, December 14th and 15th.
11:46:27 >>CHARLIE MIRANDA: Motion by Mrs. Montelione.
11:46:28 Second by Mr. Cohen.
11:46:29 Further discussion by council members?
11:46:30 All in favor of the motion?
11:46:33 The ayes have it unanimously.
11:46:35 >> And the second is I would like to ask council for
11:46:39 permission to use the city seal on documents, signage,
11:46:46 invitations, for use in connection with a job fair that will
11:46:50 be held on Wednesday, February 19th.
11:46:54 Myself and Congresswoman Castor have been working on a job
11:46:58 fair that will be at MOSI, and we have gotten quite a lot of
11:47:04 assistance from MOSI.
11:47:07 Thank them for that and volunteer assistance from the
11:47:09 university area Community Development Corporation, the CBC
11:47:12 of Tampa and from USF.
11:47:14 So we are very grateful for those partners.
11:47:16 >> Motion by Mrs. Montelione, second by Mr. Suarez.
11:47:19 Discussion by council members?
11:47:20 All in favor of the motion please indicate by saying aye.
11:47:22 Opposed nay.
11:47:23 The ayes have it unanimously.
11:47:24 Anything else?
11:47:25 Motion to receive and fail.
11:47:30 Please signify by saying aye.
11:47:32 Opposed nay.
11:47:33 The ayes have it unanimously.
11:47:34 Mr. Reddick?
11:47:35 >>FRANK REDDICK: Counsel informed me that I have to make an
11:47:38 amendment on the motion that was made earlier.
11:47:41 I had requested the legal department to come back on January
11:47:47 Because of settlement agreement, they are requesting that I
11:47:52 request the management department.
11:47:55 >>CHARLIE MIRANDA: Motion by Mr. Reddick to substitute that,
11:47:58 second by Mr. Cohen.
11:47:59 All in favor?
11:48:00 The ayes have it unanimously.
11:48:02 Anyone in the audience care to speak to this council?
11:48:04 Please come forward.
11:48:07 >> My name is Johnny Bowden, Tampa native, Tampanian born
11:48:30 and raised, the West Tampa area that I know as West Tampa.
11:48:38 And president and founding CEO of bay area corporation for
11:48:42 economic development communities.
11:48:43 My concern is, I came to this meeting for item number 6.
11:48:53 I got here after 9:00 and it was voted on and everything,
11:48:58 passed prior to then.
11:49:00 I'm very upset because. I spent time, I had given someone,
11:49:05 one of the councilmen -- I don't know if it was Councilman
11:49:08 Reddick some paperwork that I asked him to give to each of
11:49:12 And two are missing. Item 6.
11:49:20 But my concern is, well, first thing, let's go back to the
11:49:24 time problem.
11:49:30 I commented after your break or during your break that I had
11:49:35 missed something very important to the community. West
11:49:42 Tampa is very dear to us.
11:49:43 This is e-mail sent by InVision, and that e-mail states on
11:49:50 here that this particular item is going to be discussed at
11:49:55 10:00 a.m.
11:50:01 That's the reason that we missed.
11:50:24 That was an important issue to this community.
11:50:28 I used that e-mail to progress the timing of everything, the
11:50:32 season, the holiday season, people -- I wasn't able to get
11:50:38 that information to them soon enough.
11:50:40 I received it late because I was in the hospital.
11:50:46 I have a suggestion.
11:50:50 Well, not suggestion.
11:50:51 I have a request.
11:50:52 You as council -- I'm a property owner also in West Tampa.
11:51:00 And I don't know all the procedures.
11:51:05 If I have a legal problem, I go to council.
11:51:13 As far as procedures, procedures by the council and
11:51:15 everything, I don't know.
11:51:17 But if you look at what I had on that paper, we were paying
11:51:26 a professional consulting group $300,000 and then they don't
11:51:30 do things professionally and correct.
11:51:32 That's simple.
11:51:32 (Bell sounds)
11:51:38 >>CHARLIE MIRANDA: You have gone over your three minutes and
11:51:39 you still haven't told me -- let me do this.
11:51:44 I am going to continue this.
11:51:47 You haven't told me what the problem is.
11:51:49 You haven't told me -- where do you live out of West Tampa,
11:51:58 >> I saw that when I first started.
11:51:58 >> Where do you live in West Tampa?
11:51:58 >> Where is my property in West Tampa?
11:52:00 I live 3012 Riverwood Drive. I own property in West Tampa.
11:52:05 >> Where at, sir?
11:52:06 >> 1009 North Albany Avenue.
11:52:08 >> Let me ask this.
11:52:09 Because I see here where you are talking about Palmetto
11:52:12 street --
11:52:13 >> That's the areas --
11:52:17 >>CHARLIE MIRANDA: I understand that but let me also say
11:52:19 that explain the streets run east and west, west of the
11:52:23 river, and avenues run north and south.
11:52:26 That's true generally.
11:52:27 Now, I live on a street that runs east and west and you know
11:52:31 what the name of it is?
11:52:33 Lake Avenue.
11:52:34 So this is not correct either.
11:52:35 >> Okay.
11:52:36 Well, that's one instance.
11:52:41 My father's sister lives on Palmetto and this young lady
11:52:46 lived on Palmetto all of her life.
11:52:48 I pointed that out to them.
11:52:50 And even after I pointed it out, they didn't know what that
11:52:55 That's what I am getting at.
11:52:57 There are a lot of things in that report that are
11:53:02 Can't refer to anything.
11:53:06 >>CHARLIE MIRANDA: Tell me what they are that are
11:53:08 >> I haven't read all of them, because I got to work.
11:53:17 Somebody got to go back and count pages.
11:53:20 That's incorrect.
11:53:25 >>CHARLIE MIRANDA: Any other questions?
11:53:26 Mr. Cohen?
11:53:27 >>HARRY COHEN: Mr. Bowden, first of all, one thing, and
11:53:32 that is just to make you aware that we do have a workshop
11:53:36 scheduled for January 30th at 10 a.m. to discuss a
11:53:40 number of items regarding West Tampa.
11:53:42 And it certainly would be appropriate at that time if there
11:53:46 are things that you want to comment on specifically related
11:53:50 to the neighborhood.
11:53:52 That will be an excellent opportunity to do it.
11:53:54 There will be public comment.
11:53:55 There will be a discussion here among the council members.
11:53:58 Various representatives from the city that deal with issues
11:54:01 in West Tampa will be here.
11:54:02 So again than is on January 30th at 10 a.m.
11:54:06 And that might be a good forum to discuss some of these
11:54:11 >>CHARLIE MIRANDA: All right.
11:54:17 And that time is going to go from top to bottom that we
11:54:21 Next, sir.
11:54:21 >>MARY MULHERN: I don't know if there's anyone here, if
11:54:26 there is anyone from staff that maybe one of my colleagues,
11:54:30 or Mr. Shelby could tell us, but one of their problems was
11:54:33 they weren't able to communicate with the InVision people.
11:54:37 So I guess that would be Randy Goers, who is a planning
11:54:42 That would be your contact person, Randy Goers, G-O-E-R-S.
11:54:49 So if you want to talk about the plan itself, you should
11:54:57 contact him.
11:55:00 >>CHARLIE MIRANDA: And we'll get a phone number.
11:55:01 And you go to the office here and she'll find you the phone
11:55:03 number that you can dial directly to him.
11:55:06 See the young lady here in the office.
11:55:08 >> Before my 3 minutes start, can we verify the actual time
11:55:12 of the reading of the resolution for item number 6 --
11:55:17 >>CHARLIE MIRANDA: The clerk will have that on file.
11:55:19 I don't have it right now.
11:55:20 The clerk will have that.
11:55:21 >>HARRY COHEN: 9 a.m.
11:55:24 The email said something else. It was noticed for 9 a.m. on
11:55:26 our calendar.
11:55:27 >> And what we are concerned about, I was born here in 1952,
11:55:34 attended Dunbar elementary, junior high and graduated from
11:55:38 Blake high school in 1970, was on the 1969-70 football team
11:55:42 and won the state championship.
11:55:45 I'm very concerned about a trend of gentification of
11:55:47 African-American culture and social structures, from
11:55:57 Columbus, Ohio, to Atlanta, and I just returned home, very
11:56:02 concerned about this movement, and in reading that 129-page
11:56:08 document, there's been no position for incorporating or
11:56:14 inclusion of any economic assistance to develop or
11:56:17 reestablish African-American businesses.
11:56:19 My family ran a business on 22nd street from 1958 to 1970.
11:56:24 There were several businesses in Central Park.
11:56:28 All these businesses are gone.
11:56:29 And my request to this committee is to strongly consider --
11:56:36 because I am contacting all the residents, former and
11:56:41 present residents of that area, informing them, we can
11:56:47 establish a cultural center and economic system in this
11:56:49 area, without being totally eradicated from the Tampa
11:56:53 historical idealogy or however you want to consider it.
11:56:58 So I strongly recommend that this council send this thing
11:57:04 back to committee to include, as inclusive of an economic
11:57:08 plan, is going to guarantee the African-American businesses
11:57:13 and development of a Main Street corridor and properties.
11:57:19 We know the City of Tampa is looking for revenue.
11:57:22 I believe an Afro-centric West Tampa, Tampa African-American
11:57:27 cultures can be established in this corridor and can sustain
11:57:30 and produce income for the City of Tampa without us being
11:57:34 totally eradicated, without our history being totally
11:57:38 eradicated from the City of Tampa.
11:57:41 Thank you.
11:57:42 >>CHARLIE MIRANDA: Thank you very much.
11:57:43 Anyone else who has not spoken, would care to speak?
11:57:48 Anyone else?
11:57:49 Anything else to come before this council today?
11:57:53 We stand -- when is the next council meeting?
11:57:58 >> January 9th, 2014.
11:58:00 >>MARY MULHERN: I was going to give you the phone number
11:58:04 for Randy Goers if you want to write it down.
11:58:07 And anyone else watching about the InVision plan.
11:58:13 It's 274-8694.
11:58:18 Goers, G-O-E-R-S.
11:58:29 >>CHARLIE MIRANDA: I think that's the InVision plan, isn't
11:58:31 Thank you very much.
11:58:32 Anything else?
11:58:34 See you all January 6th, the year --
11:58:36 >> January 9th.
11:58:37 >> I want to make it earlier.
11:58:39 But it's January 9th, the year 2014.
11:58:42 Happy new year.
11:58:44 Merry Christmas.
11:58:44 Have a Nace holiday.
11:58:46 And be kind to your neighbors.
11:58:48 We stand adjourned until January 9th.
11:58:54 (City Council adjourned)
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