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Tampa City Council
Thursday, March 31, 2005
9:00 Session
Unedited Realtime Translation

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[Sounding gavel]
>>GWEN MILLER: The council is called to order.
The chair will yield to Mrs. Mary Alvarez.
>>MARY ALVAREZ: I would like to introduce Sister Margaret Rose.
This year marks the 75th year that the sisters have been running St. Joseph Catholic school.
Please stand for the invocation and remain standing for the pledge of allegiance.
Sister Margaret Rose.

>> Good morning.
Thank you for having me here.
It's a pleasure to be with you all this morning, and to ask the Lord's blessing on all of you.
And on our city.
I come from St. Joseph's school.
I have been there -- it's been there for 75 years.
And we are dedicated to the education of the youth of Tampa, especially of West Tampa.
The school has been there for over 100 years.
We are dedicated to the academic excellence of both our students and also the character formation, which we feel that in the younger grades, it's the foundation is laid.
And I'm proud to say we have turned out many great people here in the City of Tampa.
And we are proud of that, and we hope to continue that great education.
We are a struggling school at the moment but we know that with God's help and the help of all his people that we will continue this great education for the future of Tampa.
And now I'd like to ask the Lord's blessings.
In the name of the father and of the son and of the Holy Spirit, amen.
All good and loving God, as our earth burst forth everywhere with signs of new and vibrant life, we ask your blessings on the men and women here gathered to work for the good of your people, our city, and our community.
Give them the light and wisdom to seek always to up hold our rights of life, liberty, and the pursuit of happiness, which is found in your holy will and grace.
Protect them from all evil, and any motives of purely personal gain.
May they seek the common good and be guided by your spirit of truth and justice, love and peace.
Help them to work together.
May they feel your presence, inspiring all their words and actions.
May they know the joy of collaborating with you to make our world a better place for our families and citizens.
We place all our needs in your loving hands, and with the assurance of your guidance.
We go forth to meet the challenges of our day with confidence and hope.
Bless our country, Lord, our city, and all of its inhabitants.
We praise you, Lord.
We thank you for your countless blessings, and we ask you to supply us in our weaknesses.
We ask you to hear our prayers and needs in this season of new life.
And in the name of Jesus, our risen and living savior, forever and ever.
>>GWEN MILLER: Roll call.
>>JOHN DINGFELDER: (No response)
A commendation is supposed to be given to Bright House this morning but we are going to continue it till April 1st.
>> So moved.
>> Second.
(Motion carried)
>>LINDA SAUL-SENA: I would just like council members as we invite people to come to council and begin our meetings with an invocation or greeting that they share with them the guidelines developed for prayer that's appropriate for public occasions developed by the national conference for community and justice.
Thank you.
>>GWEN MILLER: We now go to our department heads and city employees.
Mr. Martin Shelby.
>>MARTIN SHELBY: Good morning.
I'm here on item 31.
And I believe council also has a memo from Ms. Foxx-Knowles continue requesting a continuance for this time.
Likewise I would like to also request a continuance.
I want to thank council members who forwarded me suggestions.
I am asking for guidance on how best to put all these together and present them and how to do this because the clerk has yet to review it.
There have been suggestions.
I would like to incorporate those.
But would council wish me to put a listing of them together?
Or incorporate them in the changes?
And then be presented?
Either way.
I believe the clerk is asking for April 21st for presentation.
If anybody has any additional changes they would like to see.
If there's a need for discussion on any of these changes, they may be need to set for that.
But I am looking for guidance how to best present to the council as a finished product, or discuss some of the suggestions that have been raised by the various people, including the council who reviewed it.
>>MARY ALVAREZ: Thank you, Madam Chairman.
Mr. Shelby, I think I would like to have a list of the changes that have been made, not necessarily in a draft form but just so I can look at it and see if there might be some changes that I want to make.
>> And that was requested last week.
And I'm requesting on that and I'll have that, I guess, within a week.
>>MARY ALVAREZ: And maybe April 21st as you suggested, we can look at incorporating them into the draft at that time.
It doesn't look like we are going to do this until about June.
I'm being optimistic.
So I would like to continue it to April 21st.
>>LINDA SAUL-SENA: One of the things we discussed some time ago is at the beginning of the council meeting that council would approve the agenda before us, and that would sort of clarify what was happening for the people in the audience, and for us, that certain things were being continued or certain new things were being brought up as off-agenda items.
I recognize that things take awhile.
But that seems to me pretty straight-ahead and I wonder if we can move ahead with that particular item, which is something we could implement really easily and readily, and I think make our meetings go more smoothly.
>>MARTIN SHELBY: If council wishes, there was a time that I did have the order of business prepared as a separate resolution.
And then we got into discussion.
I could bring that back on another agenda, the order of business, and have that instituted sooner.
There was a suggestion made by a member of council to move up the second public hearings prior to the unfinished business so there would be a little bit of change in that.
That was a suggestion that was made.
So the public hearings for second reading get heard before unfinished business.
That's a little change that's been suggested now.
But if council wishes to move that along, I could bring that resolution and have it in effect on next week's agenda, and then two weeks away, because it has to be, as you know, read and then wait two weeks before enactment under the rules.
There is a motion on the floor.
>>GWEN MILLER: We have a motion on the floor to continue the policies and procedure until April 21st.
All in favor say Aye.
(Motion carried)
>>LINDA SAUL-SENA: My motion would be to ask Mr. Shelby to bring back that one thing, the order of business, for inclusion at the top of our agenda and bring it back as quickly as you can, next week if you can.
>> So moved.
>> Second.
(Motion carried)
>>GWEN MILLER: Mr. Shelby, do you have one more?
Is Mr. Massey going to?
>>GWEN MILLER: Mr. Morris Massey.
>>MORRIS MASSEY: Legal department.
As council heard this Tuesday from Bonnie Wise and David Smith, the museum is a no-go at this juncture, and therefore all the agreements that were before council at 1 p.m. this afternoon have been withdrawn by the administration, by the mayor, so there's really no purpose for a public hearing at 1 p.m.
There's nothing for council to act on.
And so I just want to formally advise council that the administration has withdrawn all these matters, and what we would suggest, and I discussed this with Mr. Shelby, is that notices be place add round old City Hall that the meeting at 1 p.m. be canceled.
I just wanted to inform council of that.
>>LINDA SAUL-SENA: I have two questions.
One is procedural.
And that is, doesn't council have to agree to have things withdrawn?
>>MORRIS MASSEY: Per the charter nothing can come before council without the recommendation of the mayor.
The mayor has never signed off on these documents.
She submitted those things to you all for discussion purposes only.
But she had not recommended them for your approval.
And she's not recommending approval at this juncture because of the problems with financing.
>>MARTIN SHELBY: If I can address it.
What would be appropriate for council in order to take action would be to have a motion this morning to delete or pull items 14, 15, 20, 21, 22, and 23 from the agenda, and that would in effect cancel the work session this afternoon.
>>MARY ALVAREZ: So moved.
>>MARTIN SHELBY: And that would in effect -- that would have the effect of not having to have council come back at 1:00 just to reconvene with a quorum for the purposes of a announcing there is no hearing because there is nothing before council, there is no due pro notice requirement in this case because there is in effect prevent presently nothing before council especially once it makes this action to remove the item from the agenda.
>>LINDA SAUL-SENA: There's been a motion and second.
I want to speak to the motion.
I certainly support this being withdrawn because it's not going ahead now.
I know all of us care very deeply that we do have a new Tampa Museum of Art as expeditiously as possible.
So after we vote on this I am going to make a motion that we schedule an appointment with the administration in six weeks on how plans are coming to move ahead on a reworking configuration, what the administration's plans are for the new Tampa Museum of Art.
>>GWEN MILLER: We have a motion and second on the floor.
(Motion carried)
>>SHAWN HARRISON: Ms. Saul-Sena, I felt we were going to hear from the mayor today about even if the project didn't move forward, I thought we were going to have sort of a wrap-up.
This is where we were, this is what happened, this is why we are not going forward, and hear some preliminary plans that she has
I think six weeks is too long.
I think council should be engaged from the get-go in the process.
I think we ought to have a place at the table.
And I think that we have all expressed some concerns that we had about the prior plan.
And we ought to have the opportunity to weigh in early to make sure this thing doesn't get too far down the path again, and then have us come in at the eleventh hour and say, well, we have got our own issues.
So I would ask that that time frame be moved up a bit from six weeks, maybe a week or two.
And I know that she's not going to have plans by then.
But just to hear from her how we are going to fit into this process.
>>LINDA SAUL-SENA: I will second that as a motion.
I think you're right, Mr. Harrison.
>>GWEN MILLER: Two weeks?
We have a motion.
Discussion on the motion?
>>SHAWN HARRISON: What my motion would be is in two weeks have the administration come in, update us on what their initial thinking is for the new Museum of Art, what their road map is, and let us know how we will be involved in that process.
>>GWEN MILLER: Mr. Massey, you wanted to say something?
>>MORRIS MASSEY: I don't think that's a problem at all.
I'm sure someone from the administration will be happy to speak to council about what the plans are.
>>LINDA SAUL-SENA: Mr. Harrison, I really appreciate your comments and I want to reinforce your concern that council be an active part of the conversation.
We all who were here when the CIT tax was passed took a lot of political heat for our city's commitment of the CIT's commitment and wants to make sure this project moves ahead in a timely way and that we are participants in the conversation.
I really appreciate your inclusion of council on all of that.
>>GWEN MILLER: Motion and second on the floor.
Any other questions?
All in favor of the motion say Aye.
Opposed, Nay.
(Motion carried)
Is there anyone in the audience that would like to ask for reconsideration?
We will go to our audience portion.
Is there anyone in the public that would like to speak on any item on the agenda that's not set for public hearing?
Seeing none, we go to committee reports.
Public safety, Ms. Rose Ferlita.
>>ROSE FERLITA: I would like to move resolution 17, please.
>>GWEN MILLER: Motion and second.
(Motion carried)
Parks, recreation, Ms. Mary Alvarez.
>>MARY ALVAREZ: I move items 18 and 19, because 20, 21, 22, 23 have been canceled.
>> Second.
(Motion carried)
>>GWEN MILLER: Public works, Mr. John Dingfelder.
>>JOHN DINGFELDER: I move items 24 through 29.
>> Second.
(Motion carried)
>>GWEN MILLER: Finance Committee, Mr. Kevin White.
>>KEVIN WHITE: I'd like to move items 30 through 37, continuing 31 until April 21st.
>> Second.
(Motion carried)
>>GWEN MILLER: Building and zoning, Ms. Linda Saul-Sena.
>>JOHN DINGFELDER: If we could have a discussion on item 42.
And 49.
Or else vote on them separately.
Any others?
I would like to move resolutions 38 through 41 and 43 through 46.
(Motion carried)
>>LINDA SAUL-SENA: Number 47 move an ordinance authorizing the construction and installation of a proposed encroachment balconies by Franklin Street developers LLC over a portion of the right-of-way known as Franklin Street and Royal Street, at property located at the southwest corner of the intersection of Franklin Street and Royal Street, as more particularly described herein, subject to certain terms, covenants, conditions and agreements as more particularly described herein, providing an effective date.
>> Second.
(Motion carried)
>>GWEN MILLER: We are not finished yet, Mr. Dingfelder.
>>LINDA SAUL-SENA: Number 48.
Move an ordinance authorizing the installation and maintenance of an existing encroachment, two statues of lions each atop a pedestal, by dynamic engineering international corporation over a portion of the public right-of-way known as south Melville Avenue near the intersection of West Kennedy Boulevard as more particularly described herein subject to certain terms, covenants, conditions and agreements as more particularly described herein providing an effective date.
One of the more colorful ordinances.
>> Second.
(Motion carried)
>>LINDA SAUL-SENA: Near the old Club Atlantis.
Going back to 42 --.
Move an ordinance amending ordinance 2004-2508 passed and ordained by the City Council of City of Tampa on October 28, 2004 relative to the rezoning of property in the vicinity of 5000 West Gandy Boulevard by substituting a corrected legal description for an incorrect legal description that was supplied in error by Land Development Coordination, providing an effective date.
(Motion carried)
>>GWEN MILLER: Now we go back to 42.
Mr. Dingfelder.
>>LINDA SAUL-SENA: I think you wanted to vote separately on that.
>>JOHN DINGFELDER: 49 my vote is no.
>>JOHN DINGFELDER: The reason I asked to look at 42, this is kind of a typical replat no different than the five or six replat that is we get every week.
And a constituent pointed out to me not too long ago that we approve these replats without any discussion, without any scrutiny whatsoever, we don't see site plans and that sort of thing.
And often these replats -- and I'm glad Mr. Massey is here -- often these replats are fairly substantial projects, yet don't necessarily need rezoning, but they come in and they replat the property.
And I started reading this particular replat number 42 which happens to be in my district, and it's property, nine-unit town home project at the corner of Interbay and Bayshore Boulevard, nine new town homes.
And I started reading language.
And a couple things jumped out at me.
First in the where as, it says whereas it appears that the proposed replat complies with chapter 22 and chapter 27, or 177.
I thought that's rather unusual language, "whereas it appears."
Then it goes on to say "whereas it appears that council -- to the council that the proposed vacation or replat isn't always proper."
That's strange legal term.
And start with that, Morris.
And let me just say the other thing.
And then it goes on in section 3-E, it says the proposed subdivision will not require construction of infrastructure and/or utility improvements by the city, therefore sub divides the agreement of the city and sub divider is unnecessary.
And then in 5-C it says the subdivider will pay fees for review of replats to determine -- to determine if this project complies with chapter 177.
And I thought that was unusual, too.
>>MORRIS MASSEY: Can I explain some of the items?
If you want a copy of this.
But it appears the language probably is a misnomer.
Just so council is aware these plats and replats are reviewed by city staff to ensure compliance with chapter 177, and with the city subdivision code.
They come before council because state law requires that any new subdivision plats or replats be approved by the governing body of the municipality or the county.
Case law is very clear on the point that as long as they comply with all the subdivision code requirements, and the requirements in chapter 177, you all have no discretion, you have to approve it.
So the language that it appears to comply needs to come out and staff needs to provide you that level of assurance.
Relative to the payment -- a couple things.
I will discuss that with Mr. Santiago when he comes back from vacation and make sure that language is correct.
Relative to the -- typically, if public infrastructure is being installed as part of the new development, it's going to be dedicated to the City of Tampa, there is a bonding requirement, they have to enter a subdivider agreement separate and apart from for the agreement with the plat where we have built it and it meets your specs and we'll give you a bond.
If they are not building it then that requirement is waived.
Now maybe it doesn't need to be stated in resolution, but there's no requirement per se.
That's what Mr. Santiago is trying to clarify in this resolution, is there's no public infrastructure.
>>JOHN DINGFELDER: The constituent who approached me said on a different parcel, said that when she went to go look up the parcel after we did the replat, on the city's computer system or recording system, whatever it is, that it showed this replat as a PD.
But like an administrative PD.
I said, well, it couldn't have been a PD because it didn't come in front of council.
And she said, well, it shows up as a PD.
And I wanted to get clarification on that.
>>MORRIS MASSEY: The subdivision plat has nothing to do with zoning whatsoever.
But they may have gone and looking looked at the zoning atlas.
That project may have been zoned PD years ago.
I don't know the specific facts.
But the subdivision plat is recorded in the county records, actually, and it's part of real property records when you buy a house, it's usually by lot, block and per is subdivision plat and get a copy of the plat and all the copies are restrictions on your property rights limited to that piece of land.
So there's no way it can --.
>>JOHN DINGFELDER: So there's no way county be a PD unless we approve it.
There's no such thing in the City of Tampa as administrative PD.
I would be happy to talk to her or him and try to track that down.
Relative to the last issue that you raised, Mr. Dingfelder, relative to the subdividers to pay all fees and costs incurred by the city, with the review of the plat by a surveyor to determine whether it complies with state law --
>> is that done before it comes to us?
The language is kind of weird.
>>> It is done -- the surveyor reviews it before it comes to you.
We have not had a separate fee resolution saying this is how much it's going to cost.
So we incorporated into this resolution saying you must paper the fees we incurred having this independent survey, reviewed the plat.
It may not be the most artfully drafted clause but it's to ensure that they are obligated to as a condition of the plat to compensate the City of Tampa for having the plat reviewed by independent surveyor which we are required to do by state law.
>> So it doesn't get signed by the mayor until they pay the fees?
>>> That's correct.
>> There was one other thing I circled on there.
Did you already address that?
>>MORRIS MASSEY: It appears it appears.
Those need to be taken out, I agree with you.
The proposed subdivision lot requiring construction of infrastructure and utility improvements by City of Tampa, subdivision agreement, is unnecessary.
Again, I'm not sure that's necessary to be placed in here.
But it is -- that is an actual fact.
And I think Roland is trying to make it clear to council we don't have a companion sub divider agreement because there's no public infrastructure involved.
The last comment was the subdivider to pay all fees and costs by the city in connection with the review whether replat complies with chapter 177.
Those are items circled.
Again, we put that in there to ensure that the fees are in fact paid before the plat gets recorded.
>>LINDA SAUL-SENA: Mr. Dingfelder, I want to thank you for bringing this to our attention.
Mr. Massey, I have a question.
In your replatting the petitioner couldn't reorient the units, could they, so that people who assumed they were looking at, let's say, the front of the unit are suddenly looking at the side of one or that the dumpster is reconfigured, or something like that, that would impact the surrounding neighborhood?
>>MORRIS MASSEY: The property would have to be developed in accordance with the zoning.
So if the zoning code allowed the reorientation, then it -- you would have to talk to Mr. Snelling's staff.
The planning process cannot waive or override the PD requirements, site plan requirement you place on the property, or if it's not a PD zoned site property, if it's Euclidean zoned property, cannot override the zoning requirements in chapter 27 of the zoning code.
Move resolution 42.
>> Second.
(Motion carried)
>>JOHN DINGFELDER: Thank you for the clarification.
>>GWEN MILLER: Transportation, Mr. Shawn Harrison.
>>SHAWN HARRISON: Move items 50 and 51.
>> Second.
(Motion carried)
>>GWEN MILLER: We have a commendation that was scheduled for 9:45 but we see that the apartments are here.
We would like to waive the rules.
>> So moved.
>> Second.
>>GWEN MILLER: At this time Mrs. Alvarez will present the commendation.
>>MARY ALVAREZ: Good morning, colleagues.
This is Tony Saladino.
Tony Saladino is a unique person, gives his all for his community, especially the Wellswood Pony League baseball complex.
Even though at an early age Tony was blinded by a firecracker and underwent several operations to restore his sight he was never allowed to play baseball.
But that didn't stop him from getting involved with his son Gary, starting little league many years ago.
He became a coach, manager, and then was asked to serve on the Board of Directors of the park.
He was elected vice-president and then president.
For many years, 34 to be exact, Tony has been the inspiration for this park.
He has harassed, cajoled departments from parks to stormwater to City Council to the mayor's office, to get what he needed to make this park better for his children.
They affectionately call him Nano, or Pop.
His peers love him because he gets things done.
For many years the Wellswood leagues have brought home world series championships, state championships and even tournament championships.
Tony started having an annual all-star awards banquet where all the little leaguers get a trophy or a metal.
He even started the annual Saladino sportsmanship award which he presents to two boys in the Bronco and Pony age group.
In 2004 the Board of Directors named the tournament held in December the Saladino friendship tournament in his honor.
A monument was erected in the center of the park with a bronze plaque that reads: In appreciation of Tony Saladino, Jr., president.
For all your efforts to restore Wellswood to its former glory, and the difference between the impossible and the possible lies in a man's determination.
With great respect and gratitude.
And last year the Tampa City Council, us, voted to name the park, rename the park Tony Saladino, Jr., Wellswood baseball complex.
But Tony didn't do this all himself.
He had help.
His wife Helen, who was by his side now and always, and she's also treasurer of the Board of Directors, and maybe we should name the concession stand after her.
But Tony had plenty of help from his board, parents, volunteers, coaches, managers and even the children.
But he was and is the driving force behind this park.
And the motto for this park is:
We're number 1.
We're tough and we're proud.
For this the Tampa City Council proudly presents it's commendation which reads:
In recognition of your outstanding commitment to your community for 34 years, because of this commitment, the Wellswood baseball complex was renamed in your honor to the Tony Saladino, wells wood baseball complex.
The Tampa City Council hereby commends you in appreciation for your many years of leadership and contributions to Tampa's youth through your love of baseball.
And this is signed by all of us.
>>> Tony Saladino: I'm not used to all this stuff.
Thank you very, very much for the great honor.
And like this says here, I had a lot of help, to help me, especially my wife of 52 years, who has been by me all this time through a lot of hardship.
But I want to say, I'm not a person that likes to talk a lot.
I like to do things.
I like to harass.
Especially Wayne Papy.
They call me their worst nightmare.
I thank you very, very much for this great honor.
Thank you.
>> Helen Saladino.
We have a little gift for you to remember Wellswood.
I'm there to support him.
I enjoy doing it and I love the children.
And it keeps us young and busy.
You know, we are doing something for the city, for the kids.
Keep them off the streets.
And that's important to us.
And we enjoy it.
As long as we can do it we will.
Mary has a little token of Wellswood.
We call it our Wellswood pride pins.
And the men wear them on their hats and the ladies on their lapel.
You all can do what you want.
But thank you very much.
>>GWEN MILLER: Thank you.
And we appreciate all the work you all are doing out there.
Without you, I know it wouldn't be where it is today.
Tony: We'll give you some good food.
>>GWEN MILLER: We'll be there.
>>MARY ALVAREZ: I wish we had more people like this to take ownership of the parks that we have in our city.
We would have a wonderful parks and recreation department with parks.
>>GWEN MILLER: I agree with you, Mrs. Alvarez.
>>> They have been very good to us.
Very nice.
Thank you very much.
>>GWEN MILLER: We now go to our public hearings for second reading.
Is there anyone in the audience that wants to speak on items 3 through 8?
Would you please stand and raise your right hand?
If you are going to speak on items 3 through 8, would you please stand and raise your right hand.
We need to open the public hearings.
>>KEVIN WHITE: So moved.
>> Second.
(Motion carried)
>>GWEN MILLER: Is there anyone in the audience to speak on item 3?
>> Move to close.
>> Motion to close.
(Motion carried)
>>JOHN DINGFELDER: Move to adopt if following ordinance upon second reading, ordinance partially vacating, closing, discontinuing, and abandoning a certain right-of-way that westerly six foot portion of south gardenia Avenue lying south of west Cleveland street east of southward Street West of south Occident street, all within Hesperides in beans subdivision, a subdivision in the City of Tampa, the same being more fully described in section 2 hereof subject to the reservation of certain permanent easements as set forth herein subject to certain covenants conditions and restrictions as more particularly described herein providing an effective date.
>> Roll call vote.
Vote and record.
>>THE CLERK: Motion carries with Alvarez absent.
>> Anyone to speak on number 4?
>> Move to close.
(Motion carried)
>>LINDA SAUL-SENA: I move to adopt the following ordinance upon second reading: Move an ordinance in the city of Tampa, Florida amending a development order pursuant to section 380-06 Florida statutes filed by Westshore alliance for the Westshore area wide development of regional impact a previously approved development of regional impact, and providing an effective date.
>> Second.
>>GWEN MILLER: Vote and record.
>>THE CLERK: Motion carried with Alvarez absent at vote.
>>GWEN MILLER: Anyone in the audience like to speak on item 5?
>> Move to close.
>> Second.
(Motion carried)
>>LINDA SAUL-SENA: I wanted to ask Ms. Ferlita a question.
I saw she had a dissenting vote.
I was absent during the presentation of this.
If you wouldn't mind, Ms. Ferlita, kind of fill me in on why you chose to cast a dissenting vote.
>>ROSE FERLITA: This particular one on the 80% rule.
I just felt that it was not in keeping with the character of that neighborhood.
I know that council for the represent, Mr. Eure, who I know personally, said this is something he didn't anticipate years ago but I thought that it took away some of the property rights of the neighbor next to him.
And it wasn't the dimensions that were allowable in terms of building it.
And I think you certainly can appreciate some of my positions on the 80% rule, particularly in that neighborhood, in addition to the fact that the neighborhood civic association representation made it very clear that they were not in favor of this.
This has been a long-standing issue in the South Tampa area.
And I felt that the 80 percent rule was not appropriate given the surroundings and given history in that particular area so I voted no and I still vote no.
>>GWEN MILLER: Ms. Alvarez, will you read 5, please?
>>JOHN DINGFELDER: I appreciate all the comments Rose said because that's how she felt about it.
The distinguishing feature on this was he lived in the property for 50 years and said he bought the two lots with the notion that some day he would sell off the other one and be able to use that as his retirement, now in his 70s he wants to do that.
Number one.
Number two, he had signed approval -- or approval from everybody on the street.
Except for the one person who lived to his left.
As you face his house.
The woman who lived to his left as he face the house came to speak to us but didn't really articulate a specific reason in my opinion, evidence as to why she opposed it and, as a matter of fact, her lot was nonconforming that she lived on.
So she was basically saying don't do what she or somebody already did that she was benefiting from.
The neighborhood association, it was one of those classic ones, the neighborhood association didn't want to do it because that's their standard policy.
But the specific neighborhood, his neighbors on the street, said they were perfectly fine with it.
And that was like about ten different homes.
Ten or twelve different homes.
So with all of that, council supported it and moved it forward on first reading.
>>MARY ALVAREZ: I move to adopt the following ordinance on second reading.
Move an ordinance approving an S-2 special use permit approving 80% lot development in an RS-75 zoning district in the general vicinity of 413 and 413 1/2 south Paloma place, Tampa, Florida and as more particularly described in section 1 hereof providing an effective date.
>>GWEN MILLER: I have a motion and second.
Roll call vote.
Vote and record.
>>THE CLERK: Motion carried with Ferlita and Saul-Sena voting no.
>>GWEN MILLER: Would anyone in the public like to speak on item 6?
>>JOHN DINGFELDER: Move to close.
>> Second.
(Motion carried)
>>SHAWN HARRISON: I move to adopt the following ordinance upon second reading: An ordinance making lawful the sale of beverages containing alcohol regardless of alcoholic content, beer, wine and liquor, 4(COP-R), for consumption on the premises only in connection with a restaurant business establishment on that certain lot, plot or tract of land located at 309 North Westshore Boulevard, Tampa, Florida, as more particularly described in section 2 hereof, waiving certain restrictions as to distance based upon certain findings, providing for repeal of all ordinances in conflict, providing an effective date.
>>GWEN MILLER: I have a motion and second.
Roll call vote.
Vote and record.
>>THE CLERK: Motion carried unanimously.
>>GWEN MILLER: Anyone in the public that would like to speak on item 7?
>> Move to close.
>> Second.
(Motion carried)
>>GWEN MILLER: Ms. Ferlita, would you read 7, please.
>>ROSE FERLITA: I move to adopt for second reading an ordinance repealing ordinance 2001-181 making lawful the sale of beverages containing alcohol of more than 1% by weight and not more than 14% by weight regardless of alcoholic content beer and wine 2(COP-R) for consumption on the premises only in connection with a restaurant business establishment on that certain lot, plot or tract of land located at 2223 North Westshore Boulevard, unit FC-208, Tampa, Florida as more particularly described in section 3 hereof waiving certain restrictions as to distance based upon certain findings, providing for repeal of all ordinances in conflict, providing an effective date.
>>GWEN MILLER: Roll call vote.
Vote and record.
>>THE CLERK: Motion carried unanimously.
>>GWEN MILLER: Is there anyone in the public that would like to speak on item 8?
>>MARY ALVAREZ: Move to close.
>> Second.
(Motion carried)
>>KEVIN WHITE: Move to adopt the following ordinance on second reading, an ordinance rezoning property in the general vicinity of 301 and 304 south bungalow Park Avenue in the city of Tampa, Florida and more particularly described in section 1 from zoning district classifications RM-16 residential multifamily to PD single family attached providing an effective date.
>>GWEN MILLER: Motion and second.
Roll call vote.
Vote and record.
>>THE CLERK: Motion carried unanimously.
>>GWEN MILLER: At this time we have a commendation that's going to be presented, off the pending calendar from this morning.
Ms. Ferlita.
>>ROSE FERLITA: Good morning.
Thank you.
It is my pleasure this morning to present a commendation in conjunction with a great deal of history in the City of Tampa.
Before I go through the traditional way to present commendations, I have got multiple information about what's going to go on today, tomorrow, this weekend to honor the Davis family, and I have a list of the many thank-yous and acknowledgments to the people that assisted in getting this whole project together.
At the very end of the list it says thanks to everyone.
As somebody that's thanking the group.
I want to tell if you there's anybody that had anything to do with this coming to fruition it's certainly Lee.
So let me do something that's not very -- let me have Lee Medart to come up and introduce Greg Davis and the rest of the Davis family.
But this involves a lot of history.
So I am going to do something that historically we don't do.
Madam Chairman, thank you for the opportunity to do this in conjunction with their visit, and at the same time I hope you're nice enough to let me take most of your quorum away.
Mr. Dingfelder is representative of that group, of that district.
I would like for him to join me.
Then of course there's a South Tampa resident, Linda, as am I.
Mrs. Alvarez, you are on the list of thank-yous here.
Did you a great deal of stuff in terms of the streetcar.
Pretty soon we are going to let those three guys.
And I'm sorry I didn't tell you that before, Madam Chairman, because you may not have allowed me to have do that.
Now we are in front of the TV so you have to be nice.
So, Lee, do you want to introduce Greg Davis and his family?
Perhaps they could all join us and we can go from there.
Lee Medart: I would like to introduce Lee Davis, grandson of D.P. Davis that predated Davis Islands.
We are really excited about having them here from California.
And they have brought back just their visit and by talking to people on the island, have brought back so many wonderful, wonderful memories of growing up on the island, being on the island, why they loved the island, and being so thankful for D.P. Davis creating the island.
So we are really excited on Davis Island to have the Davises here.
This is Greg.
Here is Nancy.
And Karen.
And they will be here through next Monday.
And I want to thank the city, the council, how much you all have come up and to greet these people, and to welcome them into Tampa.
And they just feel marvelous being here.
And we intend, with you all's help, we are intending to treat them like royalty, because we feel that way about them.
We'll have a tree planting ceremony this afternoon at 1:45.
This is in honor of the matriarch of the Davis family, Marjorie, after whom Marjorie Park is named.
And we also are going to have some eats after that.
So I invite all of you all to come and help plant the tree, and have eats afterwards and have a chance to meet them and talk with them.
They are very fine people.
I have started communication with Nancy back at the beginning of December.
And it was sort of accidentally, a fluke, because she had written to the Davis Island neighborhood planning task force web site, and I got the e-mail.
And she was basically just wondering about Davis geniology.
And we got to talking.
And we both have hit it off great through e-mail.
And it's wonderful to be able to meet her in person, and the rest of the family.
So I think you all will enjoy her.
And all enjoy them.
And I encourage you to come out and meet them this afternoon.
>>ROSE FERLITA: I think I'll start with this commendation, and then my colleagues perhaps will have some comments as well.
This is one of the nice times when we have comments that are on different sides of issues sometimes but when the community knows they have someone to be acknowledged, they come together.
Lee has been an incredible leader.
Hightock is here from Tampa General Hospital.
So we have come together that everyone wants some acknowledgments and thank-yous.
And Lee, thank you very much.
It's the kind of friend Lee is because she had no idea I was going to tell her to do this.
She had her homework well done.
She gave the calendar listing better than I could and she didn't kick me.
I appreciate everything you have done.
On Tampa City Council I would like to present this to the family of D.P. Davis in recognition of your visit to Davis Island this council welcomes the family of Greg Davis, the grandson of D.P. Davis, a celebration into the historical significance of D.P. Davis and his contributions to the residents of Davis Islands and the City of Tampa.
We thank you for the history that your family has given us and appreciate everything you have done.
And welcome back to Tampa.
If you would allow council members to say some things and then you can have some closing comments as well as anybody in the family if you like.
>>LINDA SAUL-SENA: Years ago as a young planner, I wrote a new plan for Davis Islands, and one of the things that was a blessing is that Davis Islands was originally developed as a planned community, and in fact in 1927 Davis Islands won the national American planning association award for the best planned new community.
And that plan developed in 1927 has served it well all these years.
It's such a model of combining residential single-family development, multifamily, stores, commercial development, public amenities, a hospital, a pool, tennis courts, even an aviation facility.
And everyone who has had the privilege of living on the island appreciates that.
And I think what we are here today is sort of honoring the Davis family, and Mr. Davis, for having the foresight to create a community with good planning all those years ago.
>>MARY ALVAREZ: I'm also honored to have the Davis family here.
They have to be very proud of what's happened in the Davis Island community, because it's one of our premier communities.
And I'm glad that you decided to make it back here, because we are real proud of that community.
And Linda has done a great job being your representative and also a resident.
So we are real happy that you're here, and as a council member I'm really happy we were able to do something when you were here.
Thank you for coming.
I represent Davis Island as part of my district.
And it's so exciting to know that the Davis family continued on.
As you probably know our Congressman is Jim Davis but he always has to say he's not related.
He probably wishes he was.
But I'm also thrilled that your children are here to see this, because they will carry on that legacy of obviously a great man, a man who had vision, and made a wonderful -- one of the best parts of the city.
I lived on the island for awhile and I still regret the day that I moved off.
It's a great place to be.
So welcome.
We look forward to celebrating this week with you.
Greg Davis: This has been a real learning experience for our whole family, also.
My brother, and we have six children, 8 grandchildren and great-great grandchildren, D.P. Davis.
We grew up not knowing a lot about Davis Islands in Tampa, in the last four months, thanks to Nancy, and are very proud of it.
We would like to thank the City of Tampa and everything this week.
We really appreciate that.
>> Nancy: Thank you for honoring all of us today.
And it is an honor to be in Florida, my first time ever.
Some of us have been here before.
And as you know, I'm sure most of you know the story of D.P. Davis, and Marjorie and Marjorie Park.
And in our family and in our minds, Marjorie Park really is the heart of Davis Island.
And that's what I came to see personally, and just felt such spirit of Marjorie, and what D.P. lost and why there was a Marjorie Park.
So at any rate to keep this short, I'm just encouraging you to do everything you can to save or place permanent boundary around that Marjorie Park.
She's been diminished in size greatly.
And it would be nice, you know, when my children grow and the rest of the Davis grandchildren grow up, they could come back and still know that Marjorie Park exists.
So just would like to thank you again for having us and doing all -- just welcomed us so fabulously.
Thank you.
>>ROSE FERLITA: I just want to say in closing that anybody who is interested in looking at the calendar of events, they are certainly available, and additionally our mayor is going to give the Davis family a proclamation, I believe, as part of the scheduled events.
Thanks to everyone who worked for this, particularly Lee.
Did you an incredible job working on it.
Don't stay away so long.
>>JOHN DINGFELDER: By the way, the Marjorie Park boat basin will be dedicated Saturday morning at 9 a.m. and the mayor will be there, and they will have big festivities for that, too.
Nancy: Thank you.
>>GWEN MILLER: We now go to item 10, a continued public hearing.
Does staff want to talk on that first, number 10?
Mr. Massey.
>>MORRIS MASSEY: It's just the continued second public hearing on the area wide rezoning for Ybor City.
Certain areas were excluded per the directions from the council.
I believe we have had all the problems in the legal description corrected.
>>MARY ALVAREZ: Mr. Massey, were we not doing this because of the visioning plan?
>>MORRIS MASSEY: Yes, ma'am.
There were certain areas excluded along Adamo and a couple of other industrial spots in the expanded historic district that asked to be left out in this area wide rezoning until the visioning process was completed.
>> So this is including those --
>>> Yes, ma'am.
>> Move to close.
(Motion carried)
>>MARY ALVAREZ: Ordinance presented for second reading so I move to adopt the second reading, an ordinance providing for an area rezoning, the general location of which is south of interstate 4, west of 28th street, north of Adamo Drive and east of 14th street in the city of Tampa, Florida and more particularly described in sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 hereof, from zoning district classifications PD to YC-9, site plan controlled, IG to YC-6, RM-24 to YC-2, RM-16 to YC-2, RM-24 to YC-8, RM-16 to YC-8, RM-24 to YC-4, IG to YC-8, IG to YC-4, IH to YC-6, CI to YC-7, IG to YC-7, and CI to YC-6, providing an effective date.
>> I have a motion and second.
Roll call vote.
>>MARTIN SHELBY: Just that there is nobody in the audience who wants to speak to this particular issue.
Is that correct?
Nobody wanted to speak.
Thank you.
>>GWEN MILLER: Vote and record.
>>THE CLERK: Motion carried with Saul-Sena absent at vote.
>>GWEN MILLER: We have three minutes.
Do you want to do information from council members?
Mr. White, do you have anything?
>>KEVIN WHITE: Yes, ma'am.
We had asked the Parks Department to look into renaming the west Port Tampa park to Kwane Doster Park, and they have gotten back with me and said there's no problem with that.
At this point in time, I would like to move the -- request legal to prepare an ordinance renaming the park the southwest Port Tampa center located at 7506 Morton street to the Kwane Doster recreation center.
>> We have a motion and second.
>>JOHN DINGFELDER: Just clarification.
Two weeks ago I attended that meeting at the request of the family.
It's out of my district.
Last night my aide attended another meeting subsequently.
And they are moving along.
And they still definitely want something.
Just for clarification, I think that the group agreed that it would be most appropriate to name the building after the young man who was tragically killed that day as opposed to us naming the entire complex.
There was some discussion from the neighborhood saying in the future they wanted to honor some other people, some of the elders of the community who had done so much, and so it was pretty much unanimously agreed by the group that they were okay with that, the mother was there, the aunt was there, and they didn't have any objections at all to naming the center, the building, after Kwane Doster.
And --.
>>KEVIN WHITE: That was my motion, Mr. Dingfelder.
>>JOHN DINGFELDER: I wanted to make sure it was clarified because I didn't want any confusion, not naming the entire acreage.
>>KEVIN WHITE: Southwest Port Tampa center.
>>JOHN DINGFELDER: Just clarification.
Thank you.
>>GWEN MILLER: Motion and second.
(Motion carried)
>>KEVIN WHITE: I'd like to also have a commendation for David Denson who has been a community leader.
He works for the state.
But he just did a huge event at the "Spring Back Into Action" for the Sulphur Springs community at the Sulphur Springs pool this past Saturday, had over 700 of our youth in the Sulphur Springs, throughout the entire City of Tampa.
He works very hard with the crime watch coordinators as well in the East Tampa area and has been -- and west Tampa.
He's been vigilant for crime watch activities as well as youth activities for many years.
I don't have a date certain yet.
I need to get with him.
But I'd like to get the motion carried, then put it on pending calendar and come back with a date next week.
>>GWEN MILLER: I have a motion and second.
(Motion carried)
>>KEVIN WHITE: That's it.
>>ROSE FERLITA: Madam Chairman, I have just one item and I wish I didn't have this item.
Obviously as many of you know this community was saddened by the death of an extremely wonderful activist by the name of David West.
And Ernest Hooper has honored him in his column, and done some wonderful things in honoring him.
We lost him last week.
And I just wanted to first of all send our condolences and our sympathy and our prayers to his family.
I would like to say there will be a memorial service at 5 p.m. this Saturday at the McDonald funeral home.
David was a personal friend of mine, and anytime there was anything to do in terms of leading a drug march or doing something for children, he was there.
He was there sooner than anybody else.
And one of the closing comments that Ernest Hooper quoted, one thing he told his mother when he came president, Let me live long enough to make a difference.
Clearly, David did make a difference.
And I again would like to give them our sympathy and our well wishes, and tell them how very sorry with their loss and our loss.
And I think it would be appropriate if we take a moment of silence to remember David.
(Moment of silence)
Madam Chairman, thank you for allowing me to do that.
>>SHAWN HARRISON: Thank you, Madam Chair.
I appreciate councilwoman Ferlita bringing that up.
North Tampa lost a true not only community activist but all-around great guy and it was my pleasure to not -- I only new David for six years since I got elected.
I know Rose knew him much longer than that.
But he was a special guy.
He will be sorely missed.
Ms. Ferlita, do you think it would be appropriate to do some sort of commendation?
>>ROSE FERLITA: Well, Mr. Harrison, you're right, I have known him and he was a personal friend of mine.
I thought it would be appropriate.
I was going to kind of carry it for you to present.
>>SHAWN HARRISON: Very well.
>>GWEN MILLER: Motion and second.
(Motion carried)
>>MARY ALVAREZ: Nothing.
>>LINDA SAUL-SENA: Two things.
At 2:00, this Saturday, there's going to be a dedication from you all that was in Sulphur Springs at the Willet park.
Ed Ross professor at south Florida, worked with a group called stepping stones, got a little money for public art and created a mural and so everybody is invited and encouraged to attend.
Secondly, I would like to move that we create a commendation for Annette Coutreau for the center for the arts on Florida Avenue.
Last night was the dedication and Ms. Alvarez and I were there and it's exciting to see this church that had been rebuilt and rebuilt and now it's for music and visual arts, just a great example of again what someone can accomplish in that community.
So I would like to develop this and find out a good day.
>>GWEN MILLER: We have a motion and second.
(Motion carried)
>>GWEN MILLER: Mr. Dingfelder?
Thank you, Madam Chair.
>>GWEN MILLER: Clerk, do you have anything?
>>MARY ALVAREZ: Move to receive and file.
(Motion carried)
>>GWEN MILLER: Now we go to our 10:00 appeal hearing.
We need to open the appeal hearing.
>> Second.
(Motion carried)
>>GWEN MILLER: Anyone that's going to stand at the appeal hearing, if you would stand and raise your right hand.
(Oath administered by Clerk)
>>JOHN DINGFELDER: What number is this?
>>GWEN MILLER: Number 9.
>>GLORIA MOREDA: Land development.
This is an S-1 appeal hearing, to do the extended family residence at 50-11 north Central Avenue.
They are asking for a waiver to allow for the use to go into a structure that will not meet the required setbacks.
The A.R.C. has reviewed this petition and has approved the site plan.
And the petitioner has added the comments to the site plan that the A.R.C. had directed.
They are asking for the rear yard setback to be from 20 feet to 4 feet with a 2-foot eave, requesting side yard setback from 7 feet to three feet with a 2-foot eave and asking for the ability to maneuver into the alley.
The backup area from 26th street to 19 feet.
That comment is going to have to be added to the site plan that the legal department has placed on the ordinance, which I have labels to do that.
The transportation division is requesting an additional note be added to the site plan that indicates that the alley is to be paved from the northern-most property line to Ellicott.
I just wanted to let council know that I have been on that alley, and it is a paved alley.
So transportation wants everybody to know that it is the public of public works that determines whether that paving meets their standards.
The petitioners have elected not to place that comment on the site plan.
Transportation is requesting that comment be added to the site plan.
But otherwise, the petitioners have agreed to comply with all the special use conditions for an extended family residence.
It will be a family member residing there.
We understand that there will be annual inspections of the property.
And with that staff has no objection.
I'll let the petitioner explain further on the use.
>>> My name is Alan Dobbs.
5211 north Suwannee Avenue in Seminole Heights.
And I am the agent for Trish.
This residence is for Trish's mother Barbara Richey, who is in need of a place to live.
And there's not reasonable accommodations in the existing house.
Nor is there a way to add on to the house.
So I wanted to kind of start with the purpose of why we are here, because we wanted to do a mother-in-law apartment or extended family residence.
I wanted to start -- initially, we were going to get, I guess, variances for the setbacks and all the other zoning restrictions.
But I'm going to read some of the things we had filled out for that because I think it kind of brings a lot of the hardships on why we are asking for this special use.
The current zoning permits an accessory structure for things like covered parking and storage.
Zoning also permits extended family residence and special use up to 600 square feet.
Together, however, they exceed the permitted area requiring the building to meet primary structure setbacks.
So that's where we are.
And the setbacks for primary structure obviously cannot be reached by accommodating.
The house cannot accommodate and she cannot be located off site without creating significant hardship to the family.
There were no feasible options to add to the primary structure.
The reduced setbacks are for the alley in the east and commercial property to the south and added to the site plan in a minute here.
The building placement minimizes impact to adjacent neighbors, and reduced setbacks from not interfering with future improvements to these properties.
It is compatibility with the neighborhood and reflect the Seminole Heights historic district.
Both public and private sectors benefit by providing the separate housing for extended family members, it reduce it is burden and hardships to families by providing housing to family members who may otherwise seek public assistant housing.
In addition it reinforces the concept and makes both families and communities better and stronger.
So I wanted to start off with that because I think it brings to light the need for doing this sort of structure.
It's in the file, and I have copies if I Ned to submit them.
We have the neighbors' support, submitted a letter to the A.R.C..
And also we have a letter of support from the Old Seminole Heights neighborhood association.
And I have copies if those need to be submitted, although they are part of the record.
The property to the south is commercial property.
And they have had no objections.
One of the biggest issues here is we can't do parking.
That's why we are exceeding.
And parking is a big issue because where the site is, it's across from Hillsborough high school, so they are always parking along central, and that's where they park now.
They can park up the alley but they can only get two cars off the alley.
So parking is a hardship.
So we want to provide two parking spaces for Trish, and then one for Trish's mother.
The position of the house does not allow for a driveway along the side of the house because there's not enough room between the house and the property line.
And also the historical pattern along central has been a lot of the houses do not have driveways.
The parking is strictly off the alley.
And on this particular block, the current block is that way.
I wanted to -- the A.R.C., even though we had their recommendation, they did bring up an issue about whether this building was an appropriate size for this lot.
I guess we can use the Elmo.
>>KEVIN WHITE: One quick question.
This is directly across the street from Hillsborough high school, correct?
>>> Yes, it is.
>> There were three homes under construction that have been there for a little bit of time.
Is this one of those three?
>>> Yes.
The one furthest to the south.
>> It is completed now?
>>> Yes, completed now.
Two houses are completed and one --.
>> This is one that's completed?
>>> Correct.
I'll go through these kind of quickly.
I went through the neighborhood and these are all in the historic district except for a couple which I'll mention.
This is at 5302 branch.
The footprint of this building is 43 by 25.
And it's a new structure.
It was built probably about three years ago.
This is one about a block away at 5202 Seminole. The footprint is 38 by 24.
This next one is 5201 branch.
This is actually right next door to the one that I showed over here.
But this footprint is 42 by 25.
This is another one along central, 5710 central.
The footprint is 40 by 25.
And a porch is added to the side of it which you can see in this picture.
Right here.
This structure is at 5410 central, 36 by 22.
This building is currently a special use just like this one.
They have extended family resident permit for that.
But I think that was done before the neighborhood became a historic district.
So they didn't get to the A.R.C. process but they did go before City Council and receive approval.
They are also on a corner.
It's a two-bay garage but you can see the car on the left there.
Because they are on a corner they have parking there.
On the side of the house that provides parking for the third car.
This is another one, right up on the alley, 5608.
The footprint is 31 by 21.
I will just show a couple more real quick.
These two outside the historic district, north of MLK, it's 40 feet by 27 feet.
You can see there's at least two-car garage and probably room for another one.
And this is one over, New Orleans at Osborne and east of Nebraska.
I just wanted to show you those, because that shows the precedent of a building of this size, and it's very appropriate to the neighborhood.
I guess the next thing is to go to the site plan.
I did the entire block so you can understand the whole development of this block and also the context of this building for the surrounding area.
This is the structure right here.
And then this is where we are adding.
The accessory structure.
This house is completed.
They are going to be adding a garage.
It's not constructed yet.
I understand it's permitted.
This house to the north is under construction.
This is commercial property to the south.
This is single-family residence on this side.
And this is a multifamily residence on this side.
The alley is a 15-foot wide alley.
And there's also a 15-foot alley that T's off in the middle of the block.
I bring that up, because -- I showed this because there's reasonable amount of space there especially consider this T's off.
If we can go to the site plan.
This is a larger scale and has the sidewalk, and this shows the house, and the property line, and a garage.
There's a drive on either side.
So the building is back in this corner.
And it's set all the way back to the alley as close as we can get.
It's four feet off the parking.
A four-foot utility easement there.
That's why we are set four feet off the alley.
But that's only for two-car.
We are stepping back for the single car, the third space, so it not as imposing on the alley.
And then it's three foot off the south side.
There's a porch in the front here that faces the house.
And then there's a scale and floor plan.
You have the parking, two cars here, you have the stair here, and then 600-foot on the second floor, excluding the stair.
The way the area breaks down is we have the garage and storage is 868 square feet.
The stair is 96 square feet.
The extended family residence is 30 by 20, 600 square feet.
And then we have a porch upstairs.
And then this area, it's 197 square feet.
We have reduction of the backyard for the two-car garage.
>>GWEN MILLER: I have a question for you.
Mrs. Alvarez has a question.
>>MARY ALVAREZ: Mr. Dobbs, kind of orient me a little bit.
Is this site plan from east to west?
West to west?
>>> North to south, and the east is to the right.
And the west is to the left where the high school is across the street.
North to south as you look at the plan.
>>MARY ALVAREZ: The property is looking east?
>>> Yes.
The property is east, in east-west direction.
>>LINDA SAUL-SENA: It on the right-hand side of the street.
>>MARY ALVAREZ: Central and what?
>>> The street to the south is Ellicott.
And the street to the north --.
>>MARY ALVAREZ: Is it on a corner?
>>> No, it's not on the corner.
It's actually in the middle of the block.
>> Who does that existing driveway belong to?
>>> Excuse me?
>>MARY ALVAREZ: This driveway.
>>> Oh, the existing driveway is south of their property.
That's the driveway that's used for the property to the south.
Are you talking about this area right here?
>>MARY ALVAREZ: Is that the two-story garage apartment, and then right in its got that existing driveway.
>>> Right here?
>>MARY ALVAREZ: Yes, I guess.
>>> That's separate property.
>> Who does that belong to?
>>> That property belongs to the owner of this property to the south.
>> To the south.
So how do they get to the garage apartment in the back?
>>> Okay.
You would come up Ellicott, come down the alley --.
>> You have to go down the alley?
>>> Yes, access by the alley into either the two-car or one-car bay in the garage.
There's no -- that was one of our hardships we were kind of working with here.
>> Let me ask you the question.
I now it's not nice to ask a lady's age, but is she elderly?
>>> She's 59 years old.
>> Okay.
And when she passes on, what happens to this two-story garage apartment?
>>> When she passes on, the upstairs area will no longer be a dwelling unit.
So we will have to remove all, I believe, kitchen facilities, stove, and whatever.
The building that's part of this extended family, it can never be an apartment.
Unless it goes back through this process and becomes an extended family residence for another family.
>> Will that be put on the site plan, that it will go back to just whatever, an apartment or whatever?
>>> I guess that's just part of the zoning.
>>GLORIA MOREDA: Land development.
That would be a condition of this approval.
And they have committed to remove the kitchen facility as part of this petition.
>>MARY ALVAREZ: It's not on the site plan.
>>> It doesn't have to be on the site plan.
>>GWEN MILLER: Let me see if there's anyone in the public that would like to speak on this item.
Anyone in the public like to speak on item number 9?
>>KEVIN WHITE: Move to close.
>>GWEN MILLER: Someone has a question.
Mr. Harrison.
>>SHAWN HARRISON: Somebody wanted to come up.
>>GWEN MILLER: Let us come back to you for rebuttal.
>>> Jose Barringer.
Owner on Caracas.
I have a question of access on the alley.
59 years old and it's kind of tight right now on the alley when you are turning in there.
And I have a dumpster.
Because I have a four-plex right behind.
And if she comes out, it might be an issue backing out of that property.
If it's going to be that close to the alley.
>>GWEN MILLER: Can you answer that?
>>> Yeah, the backup space, the wide alley, and the site plan, and the parking space that is closest to the property, which is here, is set back eight feet off the alley.
So when you're backing up, you will not ever need to go into the property.
He can put a property fence right on his alley or right on his property line, and that would not pose a problem for them backing up.
So, yes, they will not go onto any part of his property in coming and going from their lot.
>>GWEN MILLER: Mr. Harrison has a question for you.
>>SHAWN HARRISON: Mr. Dobbs, to cut to the chase here, the reason why you are appealing, you are before us now, is the -- you could go up to 600 feet, and you need to go to 696 square feet on the apartment?
>>> Dobbs: No.
It's 600 square feet gross, which includes the garage.
So we are actually over when you include the garage and apartment.
It's a special use only providing for 600 square feet gross.
And if you go over that, then you have to appeal and come before City Council as we are.
>> The petition says you are going from 600 to 696 square feet.
>>GLORIA MOREDA: I can explain.
The size of the building that's being proposed for construction is requiring main structure setbacks to be maintained, which is a 20-foot rear side.
So if they are asking for reduction of those setbacks, that is why they are before you.
It's for the placement of this structure on this property.
>> So size is not an issue you?
>>> Size is not an issue.
>> And the setbacks by code are what, and they are going to what under this plan?
>>> Under this plan, they are requesting a rear setback of four feet.
The code requires ten.
They require a 7-foot side setback and they are asking for a 3-foot setback.
>>GWEN MILLER: Other questions by council members?
>>LINDA SAUL-SENA: I have a question.
Ms. Moreda, I thought that in historic neighborhoods that the traditional location of garage apartments was three feet.
>>GLORIA MOREDA: Well, the size of the structure requires main structure setbacks to be filed.
That's why I thought it was important for the A.R.C. to review this before council so that I could get an assurance from them that they felt that the size of this structure and its placement on the property was appropriate in the historic district.
>> And just to reiterate --
>>> they did approve the site plan.
>> Because that was my sort of understanding, was that traditionally these garage apartments are set in --
>>> RS-60 district, when a structure exceeds 900 square feet, they are required main structure setbacks.
>>SHAWN HARRISON: How much bigger is this structure than 900 square feet?
Alan Dobbs: I think 900 --.
>>GLORIA MOREDA: You have 886 square feet for the garage area, 96 square feet, extended family residence by code is limited to 600, which is what they are indicating.
And then they do have a porch, second-floor area, 197 square feet.
So you're looking probably at about 15, 1600 square feet.
>>GWEN MILLER: Other questions by council members?
We need to close.
>> So moved.
>> Second.
>>MARTIN SHELBY: Sir, did you have --
>>> I didn't conclude my presentation.
I did want to address the A.R.C. had four conditions and I did want to address those.
The first one was that the parking will be used for automobile storage only.
I think what they are wanting is that that space never be used for living space, which of course it won't.
And my clients obviously agree to that.
But by saying automobile storage only, it presumes that you're clued excluding any other storage, like for lawn equipment and things like that.
So, you know, if that condition is just to exclude living space, then we're fine, because obviously that would never be used for living space.
The second item about the enclosing the carport, the design of this building, and historic patterns of buildings and stuff, is you need a door or some sort of opening.
You can't just have it open on the side like that.
And also it creates a security problem because then your building is open to the alley so somebody very easily could walk in.
And also if you do a garage door, it's set back from the outside plan of the building.
So again we are trying to maintain the historic pattern.
We feel if it's being required to be open it poses a security problem, and again it's not -- there's really no historic precedent for that in the neighborhood.
The third condition, we don't have a problem with.
The last item is that the bathrooms be ADA accessible.
I'm not sure exactly what the A.R.C. jurisdiction is.
I thought it was for the outside of the building.
And they are talking about something on the inside.
There was an erroneous comment made about Barbara Richey being physically disabled.
She does have chronic asthma, but that's why we are wanting to do the air conditioned, rather than having stairs on the outside to make it a little more comfortable for her to get up.
But for them to say that we have to have ADA accessible bathrooms and everything, ADA accessible to the building, it presumes that she's going to be physically disabled in a wheelchair.
And what this is really for, it's for real and immediate need for her right now, which is -- she doesn't need a roll-in shower, although -- we would like to obviously do those things, but we feel that it's not a fair request by the A.R.C.. Anyway, that does conclude my presentation.
Thank you.
>>SHAWN HARRISON: Mr. Shelby, do we have the authority to waive the ADA regulations for that?
>>MARTIN SHELBY: It's not a public building.
I don't know the answer to that, Mr. Massey.
I'm looking to Mr. Massey.
The building will not be used for rental.
>>MORRIS MASSEY: My understanding -- and again, I'm not the building official.
I'm not an ADA expert.
But since it's not a public facility, I wouldn't think it would normally be required for private, single-family homes.
>>SHAWN HARRISON: I know when you build a commercial structure, you have to comply with the ADA.
This is not a public building.
The distinction may be because this is residential.
>>> Because it's residential there may be a distinction.
>> Move to close.
>> Second.
(Motion carried)
>>MARY ALVAREZ: Do we have the authority to remove that number 4 condition?
>>MARTIN SHELBY: How is it presently on the plan as presented?
>>GLORIA MOREDA: Well, they submitted site plans committing to comply with the A.R.C. conditions.
So, council, if they are now saying they would prefer not to have to do the ADA, then we would strike through that provision.
>>MARTIN SHELBY: I just wanted to be clear on the testimony. The testimony before the A.R.C. was that they would comply.
Was it on that basis A.R.C. approved it?
>>GLORIA MOREDA: They recommended approval on those conditions being adhered to.
So that was one of the conditions.
>>ROSE FERLITA: My question, my concern is, perhaps the petitioner did that because it felt like they had to comply with those conditions.
My further concern is, does A.R.C. have if right to mandate that in a private home?
>>GLORIA MOREDA: I attended the public hearing and it was my impression they were trying to understand the need for the structure to be as large as it was, and ADA bathrooms are larger than normal.
And I think they were also trying to understand for an extended family residence when you are putting the unit on the second floor and it's for an elderly individual, they were trying to, you know, make sure that that facility was going to be servicing that need and that's why they placed that condition.
The realities, I don't know that the A.R.C. really has the jurisdiction to be able to require that.
It's not something that's visible from the outside.
So if council is more comfortable excluding that provision, I don't know.
>>ROSE FERLITA: That was my question.
>>> Alan Dobbs: Those four conditions were brought up offer they closed the hearing so we had no choice but to put those conditions on our site plan.
>>ROSE FERLITA: Mr. Dobbs, excuse me for a second.
So if we were able to do that and scratch that particular condition would you prefer not to have it included or do you for a reason want to the be ADA?
Maybe she can come up to the podium and say that.
>>> Trisha Loughman, 5011 north Central Avenue.
It will be great if we could remove that and apply at our own discretion.
>>ROSE FERLITA: Thank you.
>> MARY ALVAREZ: Should we go ahead and strike that?
>>SHAWN HARRISON: That's assuming we have the right to allow you out of that condition.
Whatever the ADA requires, they need to comply with.
If they don't have to comply, fine.
We are not going to require to do anything more.
It's total permitting, if it's ADA, and our building official would apply that in the building process.
>>SHAWN HARRISON: I would like to go ahead and move the ordinance.
Do I need to read it?
I move an ordinance approving a special use permit S-1 on appeal of the decision from the zoning administrator approving the location and construction of an extended family residence located at 5011 north Central Avenue in an RS 60 zoning district in the city of Tampa, Florida more particularly described in section 1 waiving the required rear-yard setback from 20 feet to 4 feet with a 2-foot eve, with a 2-foot eave waiving the maneuvering drive isle to is it feet providing an effective date.
>> We have a motion and second.
Item number 11 we need to open.
>> So moved.
>> Second.
(Motion carried)
>>MARTIN SHELBY: The remaining public hearings, I don't know whether the witnesses for those hearings have been sworn.
>>GWEN MILLER: Is there anyone in the audience that's going to speak on items 11, 12 and 13?
Would you please raise your right hand?
(Oath administered by Clerk)
>>MARTIN SHELBY: When you give your name, please reaffirm for the record that you have in fact been sworn.
Thank you.
>>JAMES COOK: Land Development Coordination.
I have been sworn in.
Petitioner is requesting to vacate a north-south alleyway between Kenneth Avenue and from Idlewild Avenue to River Terrace.
Petitioner's property is located here, west side of the alley.
Alley runs north of Idlewild on the south, River Terrace on the north.
This is the alley looking north from Idlewild to River Terrace.
And this is the alley looking south of where River Terrace towards Idlewild.
It's actually kind of a cute alleyway.
Staff has no objections as long as there's an easement reserved.
>>JOHN DINGFELDER: Will you leave the picture up for a second?
>>LINDA SAUL-SENA: I'll wait till after the presentation for questions.
>>GWEN MILLER: Petitioner.
>>> Good morning.
Bill Wall, 6003 River.
>> Have you been sworn?
>>> Yes, I have.
Basically when we purchased the property we noticed there was a lot of activity in terms of, I don't know, traffic racing through, also just people wondering around in the yards.
We talked to some of the neighbors.
And basically it's kind of a side alley and there's four houses along it.
And all the neighbors really, I guess over the years, wanted this to happen, and we all agreed we wanted to do this.
So we just went ahead and filed the petition.
>>LINDA SAUL-SENA: The City of Tampa has come to realize that alleys are terrific community asset.
They provide access for -- they provide an alternative for the streets for access.
And this particular alley looks like it's in really good shape.
It's fenced.
It's clean.
You don't have a problem with illegal dumping.
And my question is, do any of your neighbors use the alley for transportation like into their garages or driveways?
>>> No, they don't.
Two of us on one side, we are using the streets for our garbage.
And then two of them were using the side actually for their garbage.
But they went ahead awhile back and moved theirs to the front as well.
That was one of the things.
But we do have a problem with debris getting in there.
And a lot of the alleys, it's sort of like the rear of people's properties, and that's very common.
But if you look at the block it really helps to sort of unite that block.
There's plenty of access on streets all around it.
It's almost like an island.
And then the rear alleys sort of create that block effect.
I can see that.
But on this, I mean, they are just literally two houses down and you have a street to go around.
So it really doesn't serve a purpose except to be unused on the side of our houses, and just creating a safety and an issue that we can have those as part of our property.
Some of the people in the back actually in some points were actually parking in the alley to block it, and just using it so people can go through there.
And that's really not a good thing to do either.
But to us it's just kind of a weird alley on the side of our houses that everybody would like, you know, to allow us to have vacated.
>>JOHN DINGFELDER: As I look up there, it looks like it continues on for a ways.
>>> On that block it's kind of a normal alley that you are used to in the rear of the homes and creates that block effect.
It's kind of a weird pie shape.
>> The one to the south is not as nice as this one.
It doesn't go any further than that.
Which is the next block down.
>> But it goes from River Terrace?
>>> He's right.
That other section is in pretty bad shape.
It's kind of a weird access, I guess, for some of the folks.
>>GWEN MILLER: Is there anyone in the public that would like to speak on item 11?
>> Move to close.
>> Second.
(Motion carried)
>>JOHN DINGFELDER: Mr. Massey is usually here to give us a little lecture on public purpose and criteria for approving and vacating.
But do you want to remind us of what?
>>MORRIS MASSEY: In order for council to vacate public right-of-way it must serve a general purpose.
It a fairly broadly construed process but there must be some public service under Florida law.
>>GWEN MILLER: What's the pleasure of council?
Do we have an ordinance?
What's the pleasure of council?
>>MORRIS MASSEY: Roland Santiago handles those.
He's on vacation this week.
If you approve it just have it approved for council next week.
>> So moved.
>>LINDA SAUL-SENA: Discussion.
This is one of the most attractive alleys we have had come before us for vacating.
And although this area hasn't been declared, and I don't think it's on anybody's list to be an official historic area, obviously the alleys are part of the platting of the neighborhood.
It's got -- in terms of public good, I don't see, other than the request of the neighbors, anyway the public is served by vacating it.
And I'm just hesitant to give up what seems to me a public amenity.
>>JOHN DINGFELDER: I asked Mr. Massey specifically to remind us of what the criteria was, because again we didn't hear a whole lot -- really any testimony about any rampant crime, or we surely didn't see the garbage, or the typical issues that people do express concern about.
And likewise, this is a connecting alley.
And I just think it's short sighted.
You know, I think it's short sighted of council to really move forward with this vacating, because if you are going from Henry -- I'm looking from Henry down to River Terrace, it looks like this alley, these two alleys service about 40 different homes.
And that back up to the alley all the way from Henry down to River Terrace.
I don't see the public purpose, public necessity of vacating at this time.
>>MARY ALVAREZ: I don't see it the way you do, Mr. Dingfelder.
I see it coming to a dead-end on Idlewild.
>>JOHN DINGFELDER: No, Jimmy said it goes all the way to Henry.
It's not improved but it does go through to Henry.
>>MARY ALVAREZ: Using it to pick up garbage and so on?
>>> The portion -- there's still an alley through but it's not in the condition of this.
There is some overgrowth and encroachments in that alleyway.
>> It's not passable?
>>> No, ma'am.
>> All the way to Henry, right?
>>> Yes, ma'am.
>> And these people along the two sides of this alley are taking care of it as well as they can.
And so I don't see any reason why we can't give them access to the rest of that alley.
>>GWEN MILLER: Other questions by council members?
We have a motion and second on the floor.
All in favor of the motion say Aye.
Opposed, Nay.
>>GWEN MILLER: We need to open number 12.
>> So moved.
>> Second.
(Motion carried)
>>JAMES COOK: Land Development Coordination.
Petitioner is requesting a continuation until May 28th at 10 a.m..
>> So moved.
>> Second.
(Motion carried)
>> Move to open 13.
>> Second.
(Motion carried)
>>ROSE FERLITA: Madam Chairman, before you start --.
>>MARTIN SHELBY: Before you open the hearing, I believe that motion might have been premature.
Or rescind the motion.
>> Rescind the motion to reopen.
>> Second.
(Motion carried)
>>ROSE FERLITA: Thank you.
I just would like to read comments under form 8-B in terms of voting conflict into the record.
I Rose Ferlita disclose on March 31st, 05, a measure came or will come before my agency which inures to my special private gain or loss, file number C 04-39 in which I am a co-petitioner, and owner of real property adjacent to the right-of-way.
I would like to submit that into the record, please.
>>GWEN MILLER: Now we need to open the public hearing.
>>GWEN MILLER: Madam Chairman, I will excuse myself.
>>JAMES COOK: Land Development Coordination.
Petitioner is petitioning to vacate running from Louisiana to Osborne Avenue.
The alley running from Louisiana to Osborne.
Petitioner owns property, there's three petitioners.
This is interstate 275 right here.
This is a shot looking south on Louisiana towards Osborne.
Petitioner owns everything east side of the alleyway and the other petitioner owns right here.
That's a shot of the alley looking north from Osborne towards Louisiana.
The alley actually heads right here but people are driving over here onto the private property.
And this is an old east-west alleyway that is north of the alleyway.
We have vacated a lot of these alleys in 1998.
Staff has no objections as long as utilities are reserved.
>>GWEN MILLER: Petitioner.
>>STEVE MICHELINI: Representing all three petitioners on this project.
I have first a letter that I would like to have received and filed.
It's from the southeast Seminole Heights civic association Board of Directors of the southeast Seminole Heights civic association, unanimously stand in support of the petitioner's request to close the referenced alley.
We believe limiting access to the alley will greatly restrict the alley being used for illicit purposes such as prostitution, various illegal activities, other illegal activities.
Closing the alley will serve a public purpose.
I would like to have it made part of the record.
>>MARTIN SHELBY: Mr. Michelini, you have been sworn?
>>> I have been sworn.
Thank you.
As Mr. Cook has indicated, there are three petitioners here.
The fourth property is a TECO substation.
We have noticed all of those property owners.
On the Elmo you can see that the alley basically is being used as a cut-through to avoid a traffic light.
In addition to that, this is going off from public property onto private property.
They are also using a dumpster that's owned by Mr. Hasan for dumping all their various degree and garbage.
They are dropping off tires.
The alley is full of trash and debris.
This is back off on private property where they have gone off the alley to dump more trash and debris.
We have different people hanging out in the alley.
We have a close-up picture of that person.
I'm not sure I have authority to disclose -- a close-up picture of that person sitting in the back.
There's two people there drinking, and they have a pile of beer cans.
Here's another picture adjacent on the west side of the alley, where you see a pile of trash and debris has been dumped there.
Mr. Hasan has hired someone to clean that alley.
They have to come out and take care of that on a regular basis.
This is the back of Mr. Hasan's property where they have dumped construction debris and materials.
And in the course of cleaning up the alley, those are syringes.
They had been found back there.
There's a close-up of the same thing.
Due to the configuration, it's very difficult to control this.
You end up with very wide open property that will be fenced and closed off.
All three petitioners are supporting this.
They are joint petitioners in this proposal.
Basically, we have a serious problem with people hanging out in the back.
We have drug activity.
We have a list of arrest records, prostitution, drug trafficking, all kinds of different things.
I've got four, five, probably ten pages of police reports relating to that.
They will maintain the alley.
They cannot build anything on it.
The city is reserving easements over it so the only thing that will happen is it will be closed off by fence to prevent anyone from traveling through the area.
It will also prevent hanging out and that sort of thing.
There have been a number of robberies in the area.
Some of them having hanging out from behind the gas station and coming from behind the gas station-n front of the gas station.
Mr. Hasan is here to speak about that based on his personal experience.
>>JOHN DINGFELDER: Could you put on that aerial that shows the property owners?
>>STEVE MICHELINI: That's Mr. Cook's aerial.
>>JOHN DINGFELDER: There was a fourth parcel that's not colored in.
>>> That's the TECO substation.
>> I guess TECO has no objection.
They have no comment?
>>> They had no objections.
They didn't give me a written report.
But they indicated they had no objection.
Their fence and their access actually comes off of Osborne.
Their gates come off of Osborne so they don't access off the alley.
>>GWEN MILLER: Is there anyone in the public that would like to speak on item 13?
>>STEVE MICHELINI: Mr. Hasan is here to speak.
He's one of the petitioners.
>>> How are you doing today?
My name is Lamehouse, East Louisiana.
I don't know where these guys got all these pictures from.
But this alleyway, I don't have any pictures of it where they have this guy sitting up.
That's going rate to my property.
And I have a trailer sitting there, keeping in my backyard.
That's the only access gate to my backyard in the trailer.
Now if they close off this street to Louisiana that means I have to go all the way around the block, go through the gas station that goes to my property or all the way to Osborne and turn into my property.
I don't see anything wrong with that alley.
I ain't seen no drug addict.
I been there nine years.
I never seen that.
The trash, sometimes the garbage can lid goes open.
I don't know about all that dumping, like this -- they had a picture with a big log where TECO had a tree there back in '97 when the storm came, the tree fell over.
But now when the roots came up they cut it but never moved it and I couldn't get in my backyard.
So in about 2002 or '1 before I cut it I had to remove it to the outside.
These they wouldn't move it, so I moved it myself.
That's the only way I can get to my backyard, put my trailer or my boat in the back.
So I don't want to see the alley be closed because it's clean, since I been there, ever since now.
So that's been nine years I been there.
So I don't have any problem with that alley.
All that prostitute, they always be right in front of -- even kids would go to the store like seven or eight.
We walk through the alley to get to the store, get back home instead of having to go all the way to the front.
At 9:00 all the prostitutes, they hang around up in front of her store.
Ain't doing anything running away because I used to tell the police they weren't doing nothing.
I like to team the -- keep the alley open.
>>MARTIN SHELBY: For the record, have you been sworn?
>>> Yes.
>>GWEN MILLER: Would anyone else like to speak?
>>> I have been sworn in.
My name is Asem Hasan.
We have been robbed three times since then.
All three times the getaway cars were parked in that back alley.
I have excessive problems with people flying through there trying to avoid going around to Nebraska onto Osborne.
Also, other than the dumping, we lock our dumpster back there.
What they do is they come, cut it off.
That's why you find it flapped open and everything that's on there.
The store is not really that big of a store for how many times I get my trash picked up to be overflowing and the dumpster to be overflowing to have trash all over.
I have to have people go out and clean up on a regular basis.
I'm always having to have it cleaned.
I really shouldn't be put through that.
The prostitution, the drugs.
They try to come in front of my store, in front of the drugstore.
When we tray to make them leave, they go behind the building.
You can't ask the employees to go monitor the front and the back.
If there was a chance to close it, that would enable all of us for safety, for cleanliness, to help at least from that area, the drugs, the prostitution, anything else from being around there that my guys can't control when they are in the store.
I really don't see -- I'm sorry if it affects this gentleman getting into his driveway.
I can appreciate that and feel bad about that.
But for everybody's safety, security, cleanliness, not having to worry about that whole area, I really feel if you allow us to close it that it would do a lot more good than bad.
Thank you.
>>GWEN MILLER: Would anyone else like to speak?
>>JOHN DINGFELDER: When I looked at the picture, it didn't appear that you had a fence or anything delineating your rear boundary.
Your next door neighbor did.
But you didn't.
And you could put a six-foot fence up for security and that sort of thing.
Couldn't you?
>>> Actually, if we were to put the fence up the way it's situated now it would make it a lot harder for the trash people to come pick up the trash.
And I tried when I first bought it in '96 and '97 I brought all kinds of plants, tried to make it real nice, and in the front and on the sides and everything else.
People stole the plants.
I had -- it was a wooden fence on one side, from my store going out towards Osborne.
I put up a nice fence there, and we put different things on there.
They knocked down the fence.
I put lighting in the back.
I don't know if they knocked out the lights with rocks or if they shot at them or whatever because they wanted it dark back there so they could do whatever they want.
Thank you.
>>GWEN MILLER: Other questions by council members?
>>STEVE MICHELINI: The alleyway the gentleman referred to has already been vacated.
It could in fact be fenced by the property owner, one of the petitioners here today.
So the access that he's talking about, I mean, he clearly said that he would use the gas station's property to access to get his boat to the back of his property.
That's one of the things that we are trying to prevent, is all of this cross-over traffic going onto private property.
It encourages illegal activities.
>>JOHN DINGFELDER: Can you show us what you were just describing?
I'm having trouble visualizing.
>>> This is a T.
It runs east and west.
It's already been vacated.
This is where they are hanging out back there in that overgrown area, the picture with the gentleman sitting next to the garbage can.
>> Where is this gentleman's property who complained?
>>> He's down here somewhere.
FROM THE FLOOR: Just west of it.
>>JOHN DINGFELDER: The other way.
>>STEVE MICHELINI: This property -- this house here must be the gentleman's house.
But this alley has already been vacated running this way.
That could be fenced off as it is now.
And TECO is right here.
And Mr. Hasan here.
>>JOHN DINGFELDER: The rest of the alley is still open?
>>STEVE MICHELINI: One of the things in '89 the city went through an area-wide alley closure program.
This alley would have been closed at this point if it weren't for the fact that the dumpsters were located in a different place, when Mr. Hasan bought the property he relocated the dumpster and has already put on the record ever since he bought it in '96 it's been a problem.
He's told you three armed robberies with the getaway cars parked in the alley behind the property.
Again, I've got the police reports, the backup, the various activities.
I've shown you the pictures of the illegal dumping and the private property owner shouldn't be responsible for having to pay someone to come in and clean the alley all the time.
>>MARY ALVAREZ: Put up that picture where you showed the vacated alley.
>> Yes.
Who owns that piece of property now?
>>> TECO own half of it.
The lady that's a co-petitioner with us today that owns the other half.
And the gentleman that just spoke earlier, he owns half.
>>SHAWN HARRISON: Where is his boat going through?
>>STEVE MICHELINI: What he's doing, he's taking a wide turn across the back of the gas station property, and then turning into the alley that's up here.
It's running east and west.
It wasn't fenced.
>>SHAWN HARRISON: And he's backing up in that alley, and you're able to trailer a boat?
>>> He's clearly using it illegally.
>>GWEN MILLER: Sir, come to the mike.
>>SHAWN HARRISON: Put that picture back up, Steve, of the T.
The other alley that's already been vacated.
Sir, would you point out there which property you own?
>>> This right here you can see my trailer tracks right here.
>> Is ha that a gate that you have got?
>>> Yeah.
I went to the city, asked about closing it off when I first moved there.
A lot of people travel through there.
A brand gnaw home was built there. When I went to work people broke in my house.
So I came out to the city, asked can I close that off?
They says, well, we can't tell you to close it off, but if you put something there, come down here to do any pipe work, I would have to remove my fence.
I said, that's no problem.
Why I close it up, they broke into my house.
So if the city doesn't mind my trailer in front of my yard.
They gave me a note saying I can't leave a trailer in the front.
>>MARY ALVAREZ: The alley that you are showing me that's been vacated is in pretty rough condition.
Is that what you're talking about the illegal dumping?
>>> I don't know --
>> I'm sorry, sir, I'm talking to Mr. Michelini.
I only showed you the pick yourself it is -- pictures of the people hanging out back there.
>>MARY ALVAREZ: The one you showed me on the Elmo.
>>> One of the City Council members asked for that to be shown.
>> I did.
>>> I thought it was councilman Harrison.
But this is right outside the TECO substation.
>> No, show me that one again because that's the one I asked you to put up.
>>> Okay.
>>MARY ALVAREZ: This is vacated.
And this is owned now jointly by the three?
>>> No, ma'am.
>> Two of them, TECO and Mr. Hasan?
>>> No.
It's the other property owners.
It's already vacated.
It's not part of this petition.
>> Oh, it's not --.
>>GWEN MILLER: It's already been vacated.
>>MARY ALVAREZ: By looking at this alley, it looks pretty nasty to say the least.
FROM THE FLOOR: I put mulch back there.
There was glass and everything.
So I didn't want to bust my tires going through.
>>STEVE MICHELINI: That's exactly our point.
>>> They spread it out and didn't like it
It's not going into this alley.
When the grass grows, I spray around because I know how to get to my backyard.
I keep this clean.
But the neighbor staying in this house, he had a lot of trees along this fence.
He threw all the trash right in the middle here.
I can go over and tell him he had to clean that up.
But I always keep this clean.
Weeds grow up, I kills it.
>> Is that your part of the alley?
Right in the back there?
>>> Yes, ma'am.
>>SHAWN HARRISON: So looking at this picture, the fence on the left, right here in the foreground, that is TECO property?
>>SHAWN HARRISON: Sir, so they own -- I assume TECO owns half of that to the middle of the alley, and then the other property owner owns the other half into the alley, is that correct?
>>> Correct.
>> And has TECO given you permission to go across their property to access your property back there?
FROM THE FLOOR: It isn't owned by nobody.
Because it goes all the way through.
But where the house is, they haven't been keeping the alley clean.
It's just grown weeds.
I went down there and asked myself.
Said it ain't owned by nobody.
If I put something across there and they have work, I have to remove it.
I said, okay, no problem.
>>JAMES COOK: Land Development Coordination.
This is a common problem we have when we vacate alleyways.
The property owners don't necessarily have to move their fences.
In this case, they chose not to.
So it appears that it's an open alley way.
In fact it was closed in '98.
This is common throughout the city whenever we do vacate alleyways, there's nothing to force the property owners.
Most of them do.
But some of them don't.
>>SHAWN HARRISON: My point is that this gentleman here is going across private property now to access his rear, the rear of his property.
>>> When he moved in '96 it was an open alley way.
It was vacated in '98.
>>KEVIN WHITE: Mr. Michelini, and to the petitioner, as far as the picture that's up here now, you're saying this is your only access.
But if this co-petitioner at this point in time went home this afternoon and chose to move their fence back five or six feet, and if -- that would cut off your access completely.
>>> Right.
>> Secondly, if Mr. Hasan chose to put a fence around the back of his gas station, completely offsetting the vacating or anything else, you wouldn't have the room to maneuver a trailer to get even to turn down this private access.
Is that correct?
FROM THE FLOOR: (off microphone)
Said I'm in violation, I have to move my trailer.
>>KEVIN WHITE: I have some comments to make after we close it.
>>GWEN MILLER: Petitioner, anything else to say?
I would like to summarize briefly that alley that he's referring to is already closed.
He is going to have to get permission if he continues to use it to go over somebody else's property.
All of the things that he put on the record, the glass, the debris, all of the trash, it's exactly our point.
That's why they closed the other alley. Anyway, we are respectfully requesting you vacate the alley so that the adjoining property owners can adjust their fence line and protect the rear of the property.
>>MARY ALVAREZ: Mr. Cook, could I ask you a question?
Since TECO owns the one side and this lady owns the other side and they chose not to put their fence in there, if we sent code enforcement over there to cite them because of the way this alley looks, I guess that would wake TECO up, right?
>>JAMES COOK: Yes, ma'am, it actually would be private property.
It's not an alleyway, it private property.
>> And the lady on the other side, they would have to keep this alley clean.
>>> Yes, ma'am.
>> That's probably what we are going to do then.
>>JOHN DINGFELDER: Move to close the public hearing.
>> Second.
(Motion carried)
>>KEVIN WHITE: Madam Chairman, just a couple of comments on this.
Being in my district, and not only that but living just blocks away from this location, I travel Osborne quite a bit, and I think one of the main problems is the light cycling and the backup of traffic on Osborne.
When you are going down Osborne eastbound waiting to turn either north or south onto Nebraska, it is an arduous task because it's only a two-lane.
Unfortunately, I'm going to have to admit that I'm one of the guilty ones that cuts through this alley.
I just told everybody.
And because what happens is sometimes you have to sit at that light and wait for it to cycle two to three times before you can actually get up to turn north or south onto Nebraska or northbound more so than south.
And on particular indications I have gone through this alley.
I don't know what the activity was but I have seen cars parked in the alleyway, blocking the alleyway going north.
I have had to back up, turn around, do what I should have done to the begin with to go to the light.
I know some people actually cut through Mr. Hasans convenience store and gas station to a the light as well.
And I think that this petitioner has truly -- the vacation would be a public purpose and I would move for approval.
But I would also like to say to the gentleman that came up, I strongly, strongly sympathize with your position.
I failed to ask you and I really don't know at this point in time if there's any other access that you have to get to your backyard with your trailer.
You said you had to go around.
I'm assuming it is but it would just be more convenient for you to do that.
But I think it's more inconvenient for the neighborhood to have than prostitutes, drug and loitering in this area, drastically known for its prostitution.
This is one of the reasons I would move it.
>>SHAWN HARRISON: Had that other alley not already been vacated, this would be a different issue.
But, sir, you are going across private property now to get into the back of your -- into the back of your property.
And unless you can come in and show that you have got permission to go across that private property, I'm not sure that there's anything really that we can do here, because there's clearly an overriding public purpose in doing this, based on the drug drugs and prostitution and the trash that's back there.
So I want to say that for the record.
If your alley back there hadn't already been vacated then we might be looking at a different result here.
>>GWEN MILLER: We have a motion and second on the floor for approval.
(Motion carried)
>>STEVE MICHELINI: Thank you very much.
>>GWEN MILLER: We need to go to item 16.
Unfinished business.
We need to set a public hearing.
>> So moved.
May 12 at 6 p.m. and May 26 at 9:340 a.m.
(Motion carried)
>>LINDA SAUL-SENA: Earlier today we proposed a wet zoning for number 6 on Westshore Boulevard.
And I realize that there was an article in the paper the other day about how this particular restaurant has, according to the newspaper article, extremely inadequate parking.
So my question, there was no discussion of that as part of this by the staff.
And I wondered if that shouldn't be considered as part -- if one of the ideas of providing liquor is to attract even more clients, and their customer base is already out stripping the available parking, isn't that something that should have been in the staff report?
And is it a basis for which perhaps we should if not reconsider it, at least get a report from the staff on the adequacy of parking?
The article stated that the adjacent neighborhood was very concerned, because people are parking all over, in front of their houses.
And one of the requests that was part of this 4(COP-R) was that the distance from residential uses be waived.
So, I mean, I have a concern about this.
I just wondered if staff could address it, and if we, council, could bring it up for reconsideration.
Usually reconsideration is to see about the neighborhood, for the petitioner.
>>MARTIN SHELBY: If you're on the prevailing side and it's at the next regular meeting the question is logistically it being passed today, I don't know procedurally when it gets signed, when it takes effect and gets enacted.
Maybe Mr. Massey can --.
>>LINDA SAUL-SENA: The other question is, shouldn't staff be giving us this kind of information when we have a request for a petition, and it's asking a waiver for distance requirements for residential?
Part of the situation is causing a problem for the neighborhood.
Shouldn't that be part of the thinking in consideration for this petition?
>>JOHN DINGFELDER: Would one response be do a --.
>>MORRIS MASSEY: I think that would be the best he-better thing at this juncture.
Ms. O'Dowd handles those issues and she's on vacation this week as well.
But I think what staff would use is the criteria in chapter 3.
And I'm not sure that addresses --.
>>LINDA SAUL-SENA: Mr. Shelby, what you are recommending is I should bring this up for reconsideration then?
>>MARTIN SHELBY: Make a motion now to reconsider.
>>GWEN MILLER: Number 6.
Number 6.
>>LINDA SAUL-SENA: So moved.
We reconsider 6.
>>MARTIN SHELBY: What you do is you continue it to the next week after, should the motion pass.
This is locate add cross the street from Westshore plaza.
It used to be a Payless Shoe Store.
It's now a restaurant and has about 24 park spaces.
And there's an article in the paper I think two days ago stating that the neighbors were very upset because there was parking all over the neighborhood because parking was completely inadequate.
And I'm told reviewing it now we realized we hadn't received staff feedback on adequacy of parking, when they requested a waiver from the setbacks from residential uses.
So based on that I think we should reconsider it and get some data, some actual data from staff and transportation on this.
(Motion carried)
>>MARTIN SHELBY: I guess the motion would be to reopen the public hearing.
>>THE CLERK: We passed 6 earlier.
Right now you are making a motion you want to resigned -- rescind this?
>>MARTIN SHELBY: It's a motion to reconsider.
>>THE CLERK: Well, they passed it.
Now you are asking to rescind?
They are asking to reconsider.
You passed it.
You are reconsidering it.
And now what you are doing is making the motion to reopen the public hearing, and then continue it.
So therefore there really is no action.
Am I correct?
>>JOHN DINGFELDER: Essentially we did --.
>>MORRIS MASSEY: The second reading now has been effectively rescinded and you are going to continue the public hearing until next week on the second -- proposed second reading of the ordinance.
Is that what you are asking for, Gayl, for clarification?
>>GWEN MILLER: We rescind it?
>>MARY ALVAREZ: We should rescind that motion.
In order to continue.
>>MARTIN SHELBY: The legal effect of it is to resigned.
The motion is to reconsider which means now you are back to reopening, which means now what you should do is make a motion to reopen the public hearing and then make a motion to continue it.
>>LINDA SAUL-SENA: Move to reopen.
You say rescind.
>>MARTIN SHELBY: Reconsider.
>>JOHN DINGFELDER: Voting and adopting the reconsideration, we did rescind.
>>MARTIN SHELBY: The legal effect is to rescind.
>>GWEN MILLER: Mr. Harrison has a question, Mrs. Saul-Sena.
>>SHAWN HARRISON: My question is, do we notice it?
Or is public comment allowed?
This is all in a motion to reopen a second hearing.
>>LINDA SAUL-SENA: I would suggest that we ask the clerk's office to contact the petitioner and make them aware of this so they are able to attend next week's meeting.
There wasn't anyone from the neighborhood who spoke.
And I don't frankly remember if there was someone representing the petitioner.
At any rate, we should ask the clerk's office to contact them and make them aware of this.
>>JOHN DINGFELDER: The motion to reconsider was the motion to reconsider.
There is nothing improper about council reconsidering its decision.
The issue is notice to both the petitioner and to the public.
It's a due process issue.
So perhaps council can request it be continued for two weeks to have it so the petitioner could be at least noticed and brought in, and then it may have to be continued then to allow for the public to be noticed if it needs to be.
>>LINDA SAUL-SENA: That they weren't here would to me would indicate they weren't interested or they would appear.
>> And they would on the first reading as well.
>>MARTIN SHELBY: That could be but one could also argue the council is now taking action after the closure of a public hearing, and outside of public notice, it is now taking action to reopen it to continue to maybe take --.
>>GWEN MILLER: Another action.
>>MARTIN SHELBY: Another action.
And just for the sake -- I hate to put council in this position.
There is nothing improper in council reconsidering.
But in terms of due process to ensure that whatever council's decision ultimately is, it is legally sustainable, that they give the petitioner and the public opportunity to be heard.
>>LINDA SAUL-SENA: Thank you for the clarification.
So you were saying that the appropriate motion would be to open this, continue it for two weeks, which would allow the petitioner and the public an opportunity to come down in two weeks and weigh in on the reconsideration.
>>MARY ALVAREZ: Doesn't that put a burden on the petitioner to renotice and everything?
>>LINDA SAUL-SENA: No, they don't need to do that.
>>MARTIN SHELBY: Then perhaps a suggestion.
Perhaps council can continue it, put it on for next week.
I guess the petitioner will be noticed.
And may have to be re-set after next week's hearing.
>>LINDA SAUL-SENA: I would like to wait for two weeks because I would like Cate O'Dowd to weigh in on it and the staff to weigh in on the parking which I thought was insufficient in the report we received this week.
>>SHAWN HARRISON: I am very uncomfortable going down this road now without knowing the impact to the petitioners, the property rights of the petitioner.
The public and anyone who objected to that had the opportunity to weigh in twice.
And I think what we are doing is dangerous.
So wherever we are procedurally, I'm not sure that I'm comfortable anymore moving to rescind or reconsider this.
>>KEVIN WHITE: I feel the same way. The reason I feel that way, the petitioner had adequate time on the first hearing.
If the public didn't show up, and we had second reading and they were here, and now all of a sudden, that's one of the reasons that weigh moved these up front.
Now the petitioner is not here anymore.
They've left.
They are thinking it's a done deal.
And now at the last minute the clerk's office will be going back saying, hey, guys, it was a done deal, we had second reading, and then we had to back up.
>>MARY ALVAREZ: Then all of a sudden we are putting the burden on the -- and the financial burden on the petitioner.
>>LINDA SAUL-SENA: No, we can waive those fees.
>>MARY ALVAREZ: Who is going to pay it?
He's got to send notices out.
Mr. Massey, this petitioner has no property rights and no vested interest in what we just did until it's signed by the mayor.
Council has the authority to reconsider it.
The issue is what would be the process thereafter to provide proper notice and due process to both the petitioner and to the public?
>>JOHN DINGFELDER: And typically I don't think these things go to the mayor until one week passes to ask the public an opportunity to ask for reconsideration.
Isn't that true?
>>> Second reading.
>>JOHN DINGFELDER: We passed it but it's not signed.
So they don't have anything until the city is done with it including the mayor.
So the bottom line is, this council, basically we went through this process very quickly.
But Linda brought up a good point.
If there's a parking issue over there that could relate to this wet zoning, then it's something that this council should discuss.
So one week is not going to prejudice anybody on the issue.
And I think it's appropriate.
Otherwise, we have now given them that wet zoning and we will have that problem forever without really addressing it.
So I think the motion is appropriate.
Nobody is prejudiced.
I don't think it sets a bad precedent.
It's just the same thing as if the neighborhood came up and asked for reconsideration next week.
But instead Mrs. Saul-Sena has asked for reconsideration this week.
>>KEVIN WHITE: I understand.
But the reconsideration comes after the first week for anybody that was turned down and wants to come in and ask for reconsideration.
Reconsideration normally does not come after second reading.
And when you have -- you're right, because it passed.
But we have a petitioner sitting here.
And after it's passed, done and gone, they are assuming -- and the assumption is it's going to the mayor.
And it should be there by this afternoon, be signed.
I'm sure they are probably waiting to pour liquor at 6:00.
And the petitioner is gone.
And it's done.
And I think from a due process and from the fairness issue, I just don't -- and if the neighborhood was that concerned, it's a very active neighborhood.
And I think they would have been here.
>>LINDA SAUL-SENA: I note there are two members of the press in the audience who are paying lots of attention.
And I dare say that regardless of what we do on this today that hopefully they'll notice it.
But I think that the principle that made me bring up this again is the information that's provided to council by the staff.
And what I'm saying is the petitioner requested a distance waiver from residential areas, and that inadequate parking was not clearly addressed in the staff analysis.
And I think that's something that as we consider liquor zonings, the staff needs to more adequately document the adequacy of parking for restaurant uses in particular, that are immediately adjacent to residential areas.
>>MORRIS MASSEY: Can I add a couple of remarks?
You all are holding a workshop on the whole wet zoning process in May, I believe.
And maybe this is an issue that should be added if, in its not appropriately addressed now.
If it's something that needs to be addressed in the wet zoning process and is proper to be considered when you consider waivers of the distance separation requirements.
That's one suggestion.
The other suggestion is, I believe -- and again I apologize because I'm not the wet zoning person who handles this -- but I believe that the public hearings are advertised much the same way we advertise public hearings for zonings, which means the public hearing that is noticed to the neighborhood where actual notices are mailed out to the neighbors, and to the neighborhood organization, is the hearing that occurs prior to first reading.
Then what happens is the clerk's office publishes the ordinances in newspaper of general circulation prayer to second reading as is required under chapter 166 the Florida statutes.
So I would suggest that that's the process that's followed, then what we do here, if council wants to continue this matter, and at a minimum, set a continuance for enough time for the clerk's office to republish, the fact that the hearing date for the second reading has been continued and here's the new date for it, and have that done.
And that I think would satisfy, I believe, the notice requirements of the law.
But I do think we have to follow the notice requirements at this juncture now that you take action, if you want to reopen it.
>>GWEN MILLER: We have a motion.
>>MARTIN SHELBY: The motion was passed to reconsider.
>>THE CLERK: Saul-Sena and Dingfelder --
>> There was no vote?
>>THE CLERK: It was never voted on to do it.
To reconsider or rescind.
>>GWEN MILLER: Which one are we going to say?
>>JOHN DINGFELDER: It was never voted on.
I withdraw the second.
>>LINDA SAUL-SENA: My motion is to rescind our action of an hour and a half ago on number 6.
>>SHAWN HARRISON: New motion.
No second.
>>GWEN MILLER: Motion dies for lack of a second. *
>>GWEN MILLER: All right.
Nothing else on the agenda.
I would like to remind everyone that the public hearing we had scheduled for 1:00 today has been canceled.
So anyone, if you had planned to come down for the public hearing at 1:00, it has been canceled.
Is there anything else to come before council?
>>JOHN DINGFELDER: One other thing real quick.
And this is a little gratuitous PR.
The Italian club on items 34 through 37 that we approved today, the Italian club is throwing their 8th annual Festive Italiano this weekend Saturday afternoon and all day Sunday, including a new thing called the Italian idol contest, which is like the American idol contest.
And also they are having their first annual Italian film festival on Saturday evening and Sunday.
And so it's a great family activity.
And I notice a few members on this council, and my wife is involved, too.
I'll disclose that.
>>GWEN MILLER: I know you will be there.
Anything else?
>>MARY ALVAREZ: Just wanted to say that Lynn Dingfelder is working really, really hard with the Capitanos and Italian club to put this on.
It's probably going to be the best Italian festive that we have had.
>>JOHN DINGFELDER: And Mary Alvarez will be cooking.
>>MARY ALVAREZ: I will be cooking at 2:30.
New World Eggplant Parmesan.
>> Is there anything else to come before council?
>>LINDA SAUL-SENA: I wanted to recognize Fred Karl, our former city attorney.
We welcome you to our chambers.
>>> FRED KARL: First anniversary of leaving.
>>KEVIN WHITE: Had to remind himself of why he left.
>>GWEN MILLER: We now go to the public.
(Meeting adjourned.)
(Public comment off camera.)