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Tampa City Council
Thursday, July 21, 2005
9:00 a.m. Session


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[Sounding gavel]
>>LINDA SAUL-SENA: Council member John Dingfelder is going to introduce the person that's going to provide our invocation this morning.
>>JOHN DINGFELDER: It's my honor to introduce Reverend Russell giving us the invocation, the associate minister of Pastoral Counseling.
She grew up in Tampa.
She's the daughter of Dick Spoto, well-known educator in this community, and his wife.
And Dr. Russell also received a Ph.D. from the University of
Florida.
I think she has several Gator degrees.
I like that.
She served in New York City and she's back here.
She's married to Don Russell.
They have two granddaughters and a son.
We welcome you.
Please rise for the invocation followed by the pledge of allegiance.
>> Thank you so much.
O gracious and mighty and loving God, you are indeed our creator and sustainer and we come today with grateful hearts, grateful hearts that we have been blessed to live in this land of plenty, a land of such diversity in land, form and people, and a land blessed with such natural resources.
We thank you, O God, for living in this beautiful city by the river and the bay, and for the serving hearts of all those who lead in our community.
We thank you, Lord, that this city is one of richness of culture and heritage.
And we thank you that you have blessed this city as well with wisdom and promise.
But, O God, we also know there are those in need and those suffering.
So we pray, Lord, that you would guide this council, this city, this community, with wisdom and generosity, that you would give us the wisdom to make good choices, and to be good stewards of all you have blessed us with.
We thank you for your presence with us and ask your blessing on this meeting.
We pray, O God, knowing that you hear us and care.
Amen.

>>JOHN DINGFELDER: Madam Chair, if I could, I heard on the radio on the way in they are having more problems in London so our prayers go out to our friends and alleys in London.
>>LINDA SAUL-SENA: As you can tell this morning, we have four council members, not the usual seven.
So what we are going to be doing is taking a break for five minutes at 10:00, and then stopping at 11 for our CRA meeting, at which time all the council members will exit stage right for a couple minutes.
And we'll begin with department heads.
>>THE CLERK: Madam Chair, do you wish to take roll?
>> Yes.
Thank you.
>>JOHN DINGFELDER: Here.
>>KEVIN WHITE: Here.
>>MARY ALVAREZ: Here.
>>LINDA SAUL-SENA: Here.
We have Eric Cotton for 30 seconds.
>>ERIC COTTON: Good morning.
Eric Cotton, land development.
This is for item number 34.
WZ 05-94.
The petitioner has filed to pay their amendment fee.
I'm just requesting that you schedule them for the August 25th public hearing.
>>LINDA SAUL-SENA: This would be for the day session?
>>ERIC COTTON: Correct.
>>LINDA SAUL-SENA: For a 2(COP).
>>MARY ALVAREZ: How do we look on the 25th?
>>LINDA SAUL-SENA: We only have a few wet zonings.
>>THE CLERK: You have wet zoning at ten and two other wet zonings and sidewalk public wet zoning at ten.
And that's the only thing for ten.
>>LINDA SAUL-SENA: I think Ms. Saul-Sena made a -- Mrs. Alvarez made a motion to set it.
>>JOHN DINGFELDER: Second.
(Motion carried)
>>LINDA SAUL-SENA: Morris Massey.
>>MORRIS MASSEY: Legal department.
Here in connection with item number 43.
The council asked to work with applicants or appellants relative to appeal hearings or public hearings before City Council.
The city clerk's office has sent out as courtesy letters identifying the notice requirements for those types of hearings, and there was some confusion relative to one of the notice letters that was sent out.
So we have looked at all of the letters that the clerk's office sent out.
Actually the clerk's office on their own made certain changes.
I wanted to hand out to council the drafts that we are proposing be used at this juncture.
It follows the same general format.
We tried to be very clear about when the date of the hearing is set, that they must comply with the notice requirement, and then we have tried to list what the notice requirements are, and the consequences if they do not follow the notice requirements.
If it's an appeal, council may dismiss it with prejudice.
If it's a public hearing, then the public hearing cannot be heard and will have to be reset and they will have to file an amendment fee.
We will have to include all of that in here.
We are asking the clerk's office to also please include sections of the code, the actual sections of the code as attachment to the letter, because at the end of the day these letters are courtesy letters, to help an applicant through the process.
But they need to comply with the actual code requirements.
We have also put in the letter per councilman Dingfelder's request that everything relative to the petition or a feel is available on the tampagov.net system, also compliance with ADA requirements in that if they are going to appeal your decision they may have to have someone here to transcribe the proceedings.
So -- court reporter.
Hopefully that will address all the issues but we'll continue to work on that to make sure it's abundantly clear.
>>LINDA SAUL-SENA: Any questions from council members?
>>JOHN DINGFELDER: Just a comment.
It's obvious that legal as well as the clerk staff put a lot of effort into this, and this looks like a very good job.
We appreciate it.
Thank you.
>>LINDA SAUL-SENA: Thank you.
Speaking of the city clerk's office, I would like to introduce three summer interns from Youth Opportunity program, YO, Richard McCoy, Raymond White, and Shea.
Thank you very much for joining us and helping us today.
Robin Nigh from Public Art Committee.
Welcome.
>>> Robin Nigh, City of Tampa Art Program, here regarding agenda item number 58, the MOU with memorandum of understanding between Jorge Orta and City of Tampa. The initial dates were incorrect due to scriveners roar and have been corrected with the clerk's office.
>>LINDA SAUL-SENA: Thank you.
Any questions?
Ron Ibarra, revenue and finance.
>>> Ron Ibarra, chef accountant.
This relates to item number 27 which is the bond issue for Tampa university, not to exceed 25 million.
We have done several conduits, and it presents the open hearing, so if there's anybody who has a concern with the transaction.
The reason I'm asking are there any questions is we are going to have somebody come over who represents Tampa U and the attorney, and if they are not needed we'll just call them and tell them not to come and sit.
Because Sam -- Sam Hamilton?
Wrong name.
We will be in the audience and we'll be glad to answer any questions.
>>MARY ALVAREZ: It doesn't say the public hearing date.
>>> It's set for today.
Item 27.
Today is the hearing date.
You can just open and close basically.
>>LINDA SAUL-SENA: Do you want to have representatives from university of Tampa?
We have dealt with many of these.
They are pretty pro forma.
Just to clarify, the city is not -- well, we'll discuss it at 9:30.
Thank you.
Karen Palus, parks and recreation.
>>> Karen Palus, parks and recreation director, here on item number 45 regarding chapter 18, you had asked us to get together with the police department regarding the paint ball issue that was occurring at Henrietta park, based on that discussion and further follow-up meetings, we did go ahead and post the rules that there is no paint ball at that facility, and have added it to our director's rules which is in accordance with our chapter 16.
Through chapter 16 revision we'll be add something language into that particular ordinance, and have come up with some language that will be requesting that police department come forward with specifically identify the paint ball markers on public property, allow the chief to permit that activity if it's in a designated area.
So if we are able to locate a designated area for those kind of activities that we find it's appropriate, that meets that venue requirement, then we would be able to work with the chief on that and allow that type of activity to occur.
That's pretty much the update on that particular item.
>>LINDA SAUL-SENA: Council members, any questions?
Thank you.
>>> I just had one other thing to do.
This is July, and July is national parks and recreation month.
So we just want to remind the public to come out and visit about 165 parks, we have some wonderful facilities.
This is a great time to enjoy with your family.
And we do have some goodies back in the office for each of you.
Thank you for your support.
>>LINDA SAUL-SENA: Sal from legal.
>> Sal Territo, legal department, you have four items on the agenda dealing with setting the public hearing.
They are item 64, 74, 75, and all you are doing today is F you approve these is calling for the public hearing.
There will not be a public hearing today. It's just the notices.
I just want to let you know they are not coming up today for a discussion.
>>LINDA SAUL-SENA: Thank you for the clarification.
Santiago Corrada.
>> Santiago Corrada, neighborhood services administrator with the city.
I have before you this morning a resolution approving an agreement by, between and among the City of Tampa, the Tampa Museum of Art, Inc., and Quinton Rollins, as the Tampa Museum of Art for a period two of years and for an annual salary of $159,000, subject to adjustment authorizing the mayor of the City of Tampa to execute said agreement, providing an effective date.
>>JOHN DINGFELDER: I just heard about this for the first time yesterday.
I didn't receive a resume of Mr. Rollins.
If you know of some of his achievements or what it is -- why it is we are hiring him off the top of your head, I would appreciate it.
And also we'll go ahead and start but I have one more question.
>>> I can make his resume available to you.
I'm sorry did you not receive that.
He has his B.A. degree from the University of South Florida liberal arts.
He has a degree from the University of North Carolina general law, he served in the U.S. Navy.
He has a degree from the University of Tennessee in ceramics and sculpture and he's been through several management seminars with the Smithsonian institution.
He has been the Executive Director of the Gulf Coast Museum since 1994.
He has served as the president of the Florida association of museum directors on two separate occasions and has been bestowed with a lifetime achievement award by the association.
And the institution that he has, has been an accredited national institution, the Gulf Coast Museum.
He's also served as the Executive Director of the Polk Museum of Art in Lakeland.
His credentials are excellent.
And I will make sure that you have his very extensive resume because it is quite long.
>>JOHN DINGFELDER: Excuse my ignorance, but where is the Gulf Coast Museum?
>> Gulf Coast Museum in Largo, Florida.
>>JOHN DINGFELDER: I guess one would assume since we are in a major capital effort, experience in capital campaigns and that sort of thing?
>>> He has been responsible for actually building two museums, and one of the museums had -- he raised over $5 million in capital funds and he has raised and created operating endowment funds in excess of $2 million at his institutions.
Again, very expected in the field.
-- respected in the field.
>> I asked the chief of staff on this yesterday but I wanted all department heads to hear.
This is a walk-on to an agenda item, a walk-on agenda item, right?
It's not on the agenda.
>>> Yes.
>> And it concerns me a little bit.
Chief of staff indicated it's very important to the administration to get this gentleman on board as soon as possible because there's so much happening at the museum, and I understand that.
But at the same time, I think the problem I have generically with walk-ons is the fact that there's no notice to the public, effectively.
So the public has no opportunity to comment.
Obviously, we went to a meeting last night, and there were a couple hundred people there who were very concerned about the future of the museum that might be concerned about who is being hired as well, and they might have liked an opportunity to have spoken to this issue.
If we just walk on items, they don't get that opportunity.
So not only is it a last-minute thing for us, but it's a disservice to the public.
And what I suggested to Mr. Smith was, I recognize we didn't have a contract till yesterday, because the TMA just approved this.
I understand that.
But what staff could have done is left a vacant hole in our agenda that just said, contract to hire, you know, museum director, without the contract being there.
So at least the public will be on notice that we're discussing the issue.
And so just for future reference to all of staff is I'm going to be critical of walk-ons unless they are truly an emergency of public health, safety and welfare, just because I think, like I said, it is a disservice to the public.
The public deserves a right to know what we're talking about every week in advance.
>>> Absolutely.
And I'm glad you reference the TMA board voting yesterday on the contract, and that was the reason for it to be a walk-on.
We would have rather noticed it and done it that way.
But again, the board would not have met again for another month.
So it was a question of timing.
>> You know I'm not pressing you.
I'm just saying generically to all departments.
Thank you.
>>MARY ALVAREZ: Just a comment.
I have no problem with walk-ons especially this one, because this one was actually done by the TMA, too.
They are the ones that approved the contract just yesterday.
And we need to get somebody on board immediately.
So I have no problem with approving this contract for the interim director.
So I'm willing to go ahead and --.
>>JOHN DINGFELDER: My inquiry, staff knew probably a month ago they were going through this process and they would be taking this to the TMA board yesterday, and that they would be bringing it to us shortly thereafter.
So what I'm saying, they could have put it in the agenda as a blank.
>>MARY ALVAREZ: Yeah, they could have.
>>JOHN DINGFELDER: I'm going to vote for Mr. Rollings.
>>LINDA SAUL-SENA: Is there a motion to move this resolution?
>> So moved.
>> Second.
(Motion carried)
Passed unanimously.
Before you leave, I just want to share with fellow council members, a really positive, upbeat meeting that I attended yesterday with you about Kylie Park.
If would you sort of like to encapsulate it.
>>> I don't know if I can do the group justice but I'll try. The mayor had an audience with a group of individual citizens that are very concerned about Kylie Garden and saving Kylie Garden.
We have agreed that the park should be preserved, should be maintained, and there was an agreement made with the group that a not-for-profit should be established to look at renovating the park, and providing support with the maintenance of the garden.
>> So the city will work cooperatively with them, and they'll try to secure funds and the city will look at what we can do, and the park will be maintained, and not destroyed.
So this is really positive news.
I want to thank you for your department's help in all this.
>>MARY ALVAREZ: That's good news, Ms. Saul-Sena.
I know that you have been working really hard to preserve this park.
My only question is, since it's above the parking garage for the round building, how are they going to maintain that when it leaks like it does?
>>> That's what we're working on.
That's the challenge.
It's a good question.
We're looking at improved waterproofing techniques and ways to maintain the parking garage and not destroy the park after the improvements are made.
>>JOHN DINGFELDER: We congratulate you for your diligence.
I know it's been a pet project of yours.
>>LINDA SAUL-SENA: Thank you.
I was very pleased.
John McGrath.
>>JOHN McGRATH: I'm here on item 44.
You had asked us to come back today on the Hanson project to give you an update of where we are on it.
And I promised that I would have somebody from the Hanson corporate offices down to talk to you.
So I'm happy to introduce you to Bob Benstedt, and he's going to bring you up to date on their commitment to Tampa.
>>LINDA SAUL-SENA: And how you are going to implement this system.
>>> Good morning.
Bob Benstedt, with Hanson information technologies.
I would draw your attention to a PowerPoint that I believe is there.
Just a quick overview of where we are and what we have done.
Last year we made a quick change from our project that was initiated with an older version of software.
We are in the process of developing and releasing our new product, it is actually a dot net new technology project.
I won't gone through all the bullet points.
But there was quite a bit of due diligence given to going down a different path and releasing the new project, and actually software.
So in that process, a couple things.
One is the development cycle, and the product was prematurely released.
It force add lot of extra work and a lot of delays on the project here.
We have since taken mitigating effects on that.
Basically a around how we release the project and quality assurance cycles.
So we locked down the software, which basically means for the city that the software now is being released after it's gone through the complete development cycle rather than in bits and pieces.
We also ran into some major resourcing problems.
We had staff rolling in and out and it prevented continuity on the project.
The major reason for that, we underwent a corporate reorganization last year and into early this year, and it caused all kinds of shifting of resources and what have you.
So since that point we have started new hiring cycle, new training cycle and what have you.
>>LINDA SAUL-SENA: We are really concerned about not as much your internal issues but how it's going to effect city staff's ability to start using this system.
>>> Absolutely.
What I'll do is just to the last slide.
Basically what we have done is we have now locked down a dedicated team that will be in the city, will allow continuity and communications and continuity of knowledge and what have you with the city itself.
The development cycle we have made available, the complete release schedules with all the functionality therein to the city, we'll be reviewing that on a periodic basis to make sure all the software is released after it's been through the QAC cycle.
All project reviews have been elevated to senior staff now so from the Hansen aspect we have senior staff reviewing this weekly to make sure the proper procedures are followed, proper resources are in place ahead of the schedule.
>> So, when will this come on line for the city?
>>> We are absolutely committed to making that happen as we talk about, as it is presented in the last meeting, fourth quarter this year.
>> Fourth quarter?
>>> Correct.
>>LINDA SAUL-SENA: Council members?
>>MARY ALVAREZ: Ms. Saul-Sena, ways briefed on this yesterday.
And I understand exactly what happened now.
We weren't apprised of the situation at the time we had the code enforcement hearings and so on.
But what happened was that the version 7 that they're talking about was not functional.
I mean, it was functional some, but it wasn't functional for our use.
So they had to stop and redo the version 8, started doing the version 8.
And so that probably started, what, February, March of this year?
So being that we want the absolute best product for our code enforcement and for the permitting, I see no problem starting with their time line.
>>LINDA SAUL-SENA: Great.
Mr. Dingfelder.
>>JOHN DINGFELDER: Mr. McGrath, how much have we invested in this system since we initiated our involvement with it?
>>JOHN McGRATH: So far about 325,000 dollars is our investment to date.
>> And that's over the last, what, two years?
>>JOHN McGRATH: Almost two years now.
>> I'm sorry, I didn't catch your name.
>>> Bob Benstedt.
>> I think you sort of acknowledged that there's been some serious delays and problems that were not necessarily the fault of the city's and we paid $325 since we have gotten involved and we -- $325,000.
I'm not going to ask you to answer this right here and now but I would like you to get back to your company and let us know what sort of discount or future benefit we can receive as a result of our delay.
I know you're going to do your best to get us on line and up and running as soon as possible.
But I think we deserve some compensation for this delay.
That's just my opinion.
So I'll follow up with Mr. McGrath to see what you all come up with.
Thank you.
>>LINDA SAUL-SENA: Council member Rose Ferlita is not able to attend this morning's session but she had particular interest in the Hansen system.
And it would be great if you could contact her personally and chat with her about the new time frame.
And then I think it would be appropriate to have a presentation in November or December on exactly where we are in terms of the implementation.
So we can put that on our pending calendar.
Any other comment by council members?
Thank you very much for coming.
We very much look forward -- we are searching for the fast forward button to get this on line.
>>JOHN DINGFELDER: Thanks for coming.
>>LINDA SAUL-SENA: To have an update in November.
Rather than putting it on pending --
>>> I'll do that.
>>LINDA SAUL-SENA: Thank you.
Mr. Daignault.
>>STEVE DAIGNAULT: Good morning, council members.
I have a number of items actually to talk about.
The first one is item 47, which has to do with Star.
And then I want to talk about item 65, 66 and 76, which has to do with increase in fees, utility fees and charges.
First of all, item number 47, there was a request that we come back and talk to the council about plants that are tolerant of the salt that is in the star system.
We have given you a little brochure.
It's marked "draft."
And we have given you an information sheet.
The information sheet I provided so that you and your staff would have information if people did call in.
We did talk to the Hillsborough County extension service with regard to this, and they have actually directed us to some other experts.
We are going to talk with them as well.
And the Hillsborough County extension service staff has offered to review this.
I think this brochure when you open it up very far is a little not user friendly because many -- most of the plants, in fact on the inside, are good for reuse water.
There is only a very few in there that say not recommended.
So you have to really weed through many, many plants with their Latin names to get down to the ones that might be salt sensitive.
Again we are going to try to make this a little user friendly.
But this is the brochure, the type of brochure that we would put out to everyone.
On the very bottom of the sheet that I handed out, you will see that research indicates chloride levels less than 400 milligrams per liter will not impact most landscaping plants.
Our chloride level is on the average 228 milligrams per liter and range from a low of 58 to about 300.
So again we are regularly 100 milligrams per liter below that salt intolerant level.
And we are not any different than any other reuse system.
So again we don't think this is the major problem.
We certainly want to make this information available to everyone.
And again we'll be working to get this thing a little more user friendly.
And then certainly as we move the Star project forward.
>>LINDA SAUL-SENA: Thank you.
Mr. Dingfelder.
>>JOHN DINGFELDER: Thank you, Mr. Daignault.
We appreciate this information as does the public.
I just wanted to clarify something, so there's no big alarms set off about our reclaimed water system.
For one thing, other local areas including St. Petersburg have been doing reclaimed for, what, 20, 25 years?
>>> At least.
>> And I've never heard this issue come up in the newspaper as related to over there.
Maybe it is over there.
Maybe the issue is over there.
But I don't think it's a problem.
But the other thing, on Davis Island, we are now -- it's turned on on many parts of Davis Island?
>>> All of Davis Island has service.
That's correct.
>> That's my district.
I haven't received any calls from folks on Davis Island about their plants, you know, suffering from this.
Have you?
>>> We have not.
>> So I just wanted to -- it's something everybody should have as much information as possible, and should avoid planting these type of plants, you know, that are specified on there, in these reclaimed areas.
But I don't think it's a big problem.
>>> Correct.
Neither do we.
And very frequently if there's a problem with the plant being not salt tolerant on its leaves you can use the drip system down to its root level.
>>LINDA SAUL-SENA: I think you have a litany of things.
>>> Number 65, 66 and 76, these are increases in fees and charges for utility services.
These fees typically do not effect current customers.
They are for extensions.
They are for new service.
They are for testing.
They are for temporary connections.
And so those folks who require additional service or new service from our utility departments, these are the fees that they would pay.
Now these fees have not been increased since around 1989.
And so we think it's fair for those folks requesting those service and not the rate payers to pay in fact the actual cost of those services.
So the way we have determined the new fee is we have, based on the current salaries and based on the cost of services -- I mean the cost of materials, we have computed the actual cost today for each of those services.
And that's what we propose to charge.
We are adding something we have not been doing, collecting a late fee for those folks who don't pay their bill on time.
So we will be adding that.
And that's a little different.
And I think that's about it unless you have any questions.
>>LINDA SAUL-SENA: Questions, council members?
Thank you.
>>STEVE DAIGNAULT: Thank you.
>>LINDA SAUL-SENA: We will now go to the portion of the agenda, requests for reconsideration by the public.
Anyone who has an issue that was voted on, actually prior to vacation who wants to bring it up for reconsideration, come up now.
And we are also not having the commendation for the police officer of the month this month.
We are going to wait till Ms. Ferlita is back.
If there are no requests for reconsideration by the public then we come to the public participation.
Anyone who would like to comment.
Anything on the agenda that's not scheduled for public hearing, please come to the lectern, give us your name and address.
You have three minutes to address council.
>> Mentesmot.
I would like to speak on the 159,000 for the museum, 325,000 for computer system project that's still not working, 2.5 million they are discussing for the museum, and these are the things that they are discussing, because they have their priorities in the wrong order.
They discuss money for the fish tank over here and it's very unsuccessful.
The county is out there discussing some money, a museum of science and industry.
You know, just got $2.5 million from the county.
And this is what they are doing with taxpayers money and taxpayers dollars.
These things are wrong.
These things are absolutely positively wrong.
Real people who get up every day, go to work, have jobs, pay taxes, this isn't what we want our money going to.
We want our money to fix over in Dale Mabry and Euclid, Dale Mabry and Henderson where it's been flooding for at least the last 30 years.
And why can't any of our representatives address these issues from a realistic perspective and do something about it?
We want our elected officials to do something about Bayshore Boulevard that floods on a regular basis, even with a little bit of rain, and it's right next to the bay, and they can't get rid of the water.
These are the things that we want, when you elect them and put them into office you want them to discuss serious things and serious issues.
These are secondary issues.
These are secondary issues that deals with not the quality or quantity of life.
These are secondary issues that deals with the luxury of life.
So you have your priorities messed up.
So say, no problem, you can go to Disney and go to this fancy movie and you can have this latest outfit but we can't pay the rent and we can't -- I can't feed you, and all the things and the lights are off.
That's how this city government is operating.
And it's always tax money, taxpayer dollars going for craziness.
They say $159,000 a year for this one person, but $55,000 for summer jobs.
$55,000 for summer jobs for all the youth in the city.
For the whole city.
But 159.
-o and it don't need no discussion, I'm going to vote four anyway so you are going to get the job anyway.
There's something wrong about that.
And this police accommodation, they say they are not giving it out this week.
They need to do that.
They need a police officer of the month, and I recommend sergeant Vasquez who is known throughout the black community for putting fake charges on people.
That's who you need to bring down here and you need to give sergeant Vasquez a commendation for his language and the way he talk.
And somebody need to investigate when he get this award how he talk when he in the streets telling people, hey, I'm Cuban, but I'm better than you all niggers.
>>LINDA SAUL-SENA: Next.
>>MOSES KNOTT, JR.: I reside at 2902 East Ellicott street where I operate a business for the last 40 years, and code enforcement hung me yesterday.
Mr. Scott called me, don't come down here, so 40 years I finally got business but don't need nothing to me.
And I thank God for his grace and his mercy.
And then, you know, always interesting, a lady come in this morning talked about how we been blessed.
You know, gets me upset telling how much property they got and how strong and this and that and God be good to us, and all these people walking around here today, evil, hate.
Whoo!
I don't see how God -- you know, I study the Bible.
Chapter 24 Matthew, all blessings, all this stuff in New York and London, it's coming here and soon.
Read the 24th chapter of Matthew because people right here, they don't believe in God.
That walk-on this morning, that blow my mind this morning.
Mr. John, I'm with you, man.
I got your back, man.
She was shaking her head when you were talking.
You know why?
I was here.
Mrs. Linda Saul-Sena, she was here in Mayor Freedman days.
Mayor Freedman walked on everything.
She asked you all nothing.
I said you all used to not have no power.
Mayor Freedman come in that door in the morning, and you all said, look at that.
Oh, you said you just found out about it yesterday.
Mayor, you weren't here but it was critical.
You all used to have know power.
You couldn't breathe loud. The mayor ran her own office over there.
But like I say I love the mayor but I don't trust her.
And I voted for her.
But they give them all that power, and a lot of money, because Dick Greco raised that thing.
But the mayor, huge amount of money.
But all that money, but that walk-on thing is critical.
But I got your back on that.
And you know what I'm talking about.
She was shaking her head when you were talking.
But a critical thing.
And I represent the public.
I represent -- bringing that man all of that money.
And then the children, they give $55,000, now.
Ain't got no money.
But give this man all of this money.
And, you know, another thing.
I don't know nothing but people come to me like a network and tell me things going on about what the mayor doing with the code enforcement now.
All this stuff is through the mayor's office you don't know anything about it.
But now last night, people are telling me, man, did you know mayor made a rule everybody in this town that got a truck with sign on it cannot have it in their yard.
Now that is critical.
Now all this happened through the mayor's office.
You all ain't got nothing to do with it.
(Bell sounds)
>>LINDA SAUL-SENA: Thank you.
Next.
>>JOHN DINGFELDER: I'm glad you got my back.
>>> Good morning.
Welcome back, council.
Seth Nelson.
I live at 2902 west San Nicholas Avenue.
I'm hear to speak on agenda item number 96-E-2005-8.
It's a resolution setting a public hearing on August 11, 2005 at 10 a.m. to consider a mediated settlement agreement between the City of Tampa, city national bank of Florida and Citivest construction corporation.
Also legal council for Michael villa, 2009 Bayshore Boulevard, Rosemary Henderson, 2001 Bayshore Boulevard and George deacon, 1408 south DeSoto Boulevard.
Mr. Villa and Ms. Henderson aren't here today but -- are here today but Mr. Deacon has to be at work.
Just a brief history, that I'm sure you guys know, most of this information, to show how my clients support and believe in historic preservation.
Mr. Villa has purchased his home, he did with the intent to restore it and bring it back to its natural beauty and he adhered to the Hyde Park design guidelines which added extensively to the community.
Ms. Henderson has lived in her home since 1971.
She's won many awards for community support.
She neither seeks nor desires such awards, but she gets them due to her commitment to our community.
Recently she had participated in the third annual Historic Hyde Park home tour which as you know brought many visitors to our community, and aided in sharing our community with people statewide.
Mr. Deacon restored his home as well, and he maintains on his own without any fanfare or recognition the median on DeSoto street.
He frequently picks up trash, even has a special set of tongs he uses to pick up cigarette butts, and he fertilized it and planted plants and taken care of the Azaleas out there.
The reason I share these stories about my clients is to show you that they have spent a lot of time and effort on historic preservation.
They are here today simply to ask you for a little more time to allow them to put forth the effort to prepare for the subsequent hearing on the mediated settlement agreement.
On the agenda it's requesting that they come before you on August 11th at 10 a.m.
First off, the 10:00 time frame I think is very poor choice due to the number of citizens I think would like to speak on this matter, and it's during work hours.
So first whatever day it's set on, we prefer it to be an evening meeting.
Second, we believe that we need more time to prepare.
The city and Citivest, along with the bank, have been working on this mediation for a couple months.
I imagine that they are ready to come before you today to discuss why they resolved it the way they did and why they think it's in the best interest to settle this lawsuit as opposed to letting it go on in the litigation process.
We need some time to review all those documents to adequately prepare.
The first thing that we need to do No is what is the procedure for that hearing?
We have had some communication with City Council -- excuse me, with the city attorney's office, and they have been working diligently to get us this information in a tight time frame and we do appreciate that.
We received a letter from Julie Mandell Coles stating the hearing would be a de novo hearing, and that it would be under than the auspices of chapter 6, if you guys would want to ask me any questions since my time is up.
>>JOHN DINGFELDER: I was curious about the date that you might suggest.
How much time do you think --
>>> we are not asking for extensive time.
We are asking for September 1st in the evening, right before the holiday break.
Or whatever is on the calendar anytime after September 1st.
Many people are on vacation in August as well.
This would be fine.
>>LINDA SAUL-SENA: Any other questions?
Mr. Massey, could you address?
>>MORRIS MASSEY: I do believe you are going to have a request coming before you today relative to setting the budget hearings.
That was initially to be set, I believe, on the 15th and the 29th.
Because of some conflicts and issues that I think Councilman White has where you may be setting that for the 8th and the 22nd, and trying to move our land use hearings around.
I just want to make sure council is aware that that may be the night, September 8th may be the night that we are requesting a first hearing on the City of Tampa budget.
When you are dealing with schedule issues, I want to make sure you guys --.
>>LINDA SAUL-SENA: Mr. Massey, can you address the question that was raised about the procedure?
Has the city thought through what the procedure is going to be?
>>JOHN DINGFELDER: Could I ask a question?
Are we going to get into the discussion --.
>>LINDA SAUL-SENA: No, just --.
>>JOHN DINGFELDER: Any part now?
>>LINDA SAUL-SENA: Yes, because this is the time for public comment.
>>JOHN DINGFELDER: Do you want to deal with that now?
>>LINDA SAUL-SENA: I think we should.
I know the petitioner has a representative here.
But my question for Mr. Massey is, has the city staff established what the procedure is going to be?
>>MORRIS MASSEY: Yes, we are, in abundance and caution and also to protect everyone's due process rights, we are going to allow a de novo hearing on the proposal that encapsulated in the media settlement agreement.
What will happen is there will be a presentation by the petitioner relative to what would be proposed in the mediated settlement, for issuance of a preliminary certificate of appropriateness.
And that's what council will be considering, the approval or not of a preliminary certificate of appropriateness of what the description of the project is within the mediated settlement agreement.
We really don't need to get into the merits of it.
But --
>> But that's critical because if it's de novo, I would assume it would take more time, because it's probably going to take a lot of time.
>>MORRIS MASSEY: It probably will.
>>LINDA SAUL-SENA: Thank you.
Any council members have any other questions?
Thank you.
Okay.
We are still into the public participation.
Please come up and speak.
Give us your name and address.
Nice to see you even though you moved.
>>> I'm with Mr. Moses Knott all the way.
He's right on a lot of those things.
Jeanie Holton, still 1721 Stills Avenue, Odessa.
And I just wanted to reiterate how important it is, the public has been, as you know, I think for years now, all of these public hearings, when we have a present to -- chance to present a case, we have always prevailed.
We feel we would like to be part of the conversation.
And obviously out of town on vacation, many people are out of town on vacation, won't be back and we need time to prepare and we feel we deserve to be heard.
It's on the neighborhood.
And we have worked very hard for this in many ways.
So we're hoping to have plenty of time to prepare for it, too, to have it be a fair hearing.
So I'm here for all those people that can't be here today to ask for that.
Thank you very much.
>>> Patrick Greencove, of course item 96 effects our neighborhood directly, and the boundaries, and confines of our neighborhood association.
In all fairness to the neighborhood we're asking you to give us more time, and to hold this hearing in the evening so that the maximum number of residents can participate.
Thank you very much.
>>LINDA SAUL-SENA: Thank you.
Anyone else from the public to speak on anything?
Come up now.
On anything on the agenda that's not previously scheduled for a public hearing.
>>> Susan Meade, 2109 Bayshore Boulevard.
Bayshore condominiums.
I'm president of the Board of Directors.
And I'm higher to ask again for an extension of the time where we are having the meeting on item number 96.
A number of people called me when we found out about it.
We only found out there was mediation, let alone a settlement, mid Monday morning.
And we tried to stay informed.
So that didn't give a lot of people enough time who wanted to show up to this meeting.
The residents in the building are fairly young in comparison to other populations on Bayshore, and they have careers, they work, they travel for business.
And I had a number of people had doctor's appointments, who were out of town on vacation who found out about it but really wanted to show up.
Therefore if you can extend it into September, it would be a very good thing.
Again, do it in the evening.
Not only that.
As a board member, we have to investigate what our fiduciary responsibilities are to the membership in the building.
Do we have to protect our property rights?
If so, do we have to hire an attorney?
And if we do, we feel that's necessary, we are going to have to research an attorney to hire, interview and get them on board and on speed.
So sometime in September would be very appreciated.
Thank you very much.
>>LINDA SAUL-SENA: Anyone else care to speak during the public participation portion?
>>> Good morning.
I'm Scott McLane, I represent Citivest construction and City National Bank of Florida, the applicant and petitioner in the lawsuit that you have been hearing about.
The public hearing on the matter has been set for August the 11th.
That is what is proposed.
And that's three weeks from today.
That's quite a lot of time to prepare for any hearing.
The only reason that I heard as to why a delay was needed was because the applicant -- excuse me, the respondents and the neighborhood association want more time to review document in the court record.
The court record is public record, and Mr. Nelson and his clients have been monitoring the court case ever since it was filed in 2004, in July of 2004.
So there's no surprise there.
There's no need for more time.
Time is of the essence in this mediated settlement agreement.
It's set forth specifically in the agreement.
And time is of the essence in the agreement.
The agreement itself has been public record since July 7th.
So from the time the agreement became public record until the time of the proposed hearing, as you correctly point out, over a month will pass.
We simply see no reason why this should be delayed any further.
All of the professionals employed by the city have signed off on the agreement saying that we have complied with the guidelines and all of the development regulations, and we have been delayed now for quite some time, and we respectfully request that the case -- excuse me, that the matter be set foe August 11th as requested.
Thank you very much.
>> Wala Hager, 1508 South DeSoto.
I'm not mere to discuss the content of the settlement.
However, the fact that the settlement brings forth a building that is only one story shorter than the last proposal that you denied indicates that the neighborhood is going to have lots and lots of questions about what the heck was going on?
Therefore, I encourage you to have the meeting in the evening when more people can be here, can help them to understand what kind of rationale is going on here.
If you, as City Council, and as the legal office of the city, want to have any credibility, not just within our neighborhood, not just within the Hyde Park district, but within the city as a whole, we have to have some confidence in the rationale.
Otherwise, I could have settled for one story.
>>LINDA SAUL-SENA: Thank you.
Would anyone else care to speak?
I see somebody coming up.
So we're done with public participation at this Pont portion.
Because of the people -- so many people are interested in commenting, and the fact we are going to take a break at 10:00, I think it would be convenient for council to make a determination about the setting a date for this public hearing.
Mr. Dingfelder.
>>JOHN DINGFELDER: Thank you, Madam Chair.
I have some very, very strong feelings about this issue.
And I just want to lay them out right now.
Very, very rarely have I ever been so angry at the administration and at legal staff as I am about this issue.
This is my district.
This project has been proposed in.
Between the A.R.C. and this council, I can't even calculate how many hours we spent on this issue, probably 15 or 20 hours between the A.R.C. and us, the neighborhood obviously spent a huge amount of time on this, the applicant spent a lot of time on this.
But the thing that disgusts me about this process, at least from my personal perspective, is that you the neighborhood found out Monday that there was mediation going on.
This council person didn't find out until Tuesday morning when a reporter calls me and asks me what I think of the settlement agreement.
Council was in the dark.
We knew the litigation was going on about this high-rise at DeSoto around the Bayshore.
But we were not informed that there was active mediation going on, that there was negotiation going on, that the city was close to a settlement, that staff had two members of our staff had signed off on this?
And when I heard about it, I went through the roof and Mr. Massey can attest to that, and Darrell Smith, and the administration heard me loud and clear and they promised it would never happen again.
Well, that doesn't really help this matter.
But I just wanted to lay that out on the record.
Because I'm not going to vote for this today.
The only thing I was given in my packet is a 2-page settlement agreement that has no details at all, okay?
I'm hearing from the newspaper reporter about 20 floors, 220 feet or whatever.
There's no details whatsoever.
I have to go into the clerk's office to find exhibits A through G to find out what this "deal" is that's going to be proposed to us, and I'm not going to discuss the details today because I don't even know the details.
So I am not going to set a hearing on something I don't even know about.
And I'm at a great advantage today because there are only four of us so I have tremendous veto powers, because I'm not going to move this today.
I'm not going to vote for this.
So this thing can carry over.
If somebody moves it over, okay, to another day.
>>LINDA SAUL-SENA: Don't think that three people can move anything.
>>JOHN DINGFELDER: It would carry over for a fourth vote which is fine.
I even move that the item get continued for two weeks so we can have time to even know what we're talking about to be briefed by legal staff as to why this got to the point where we're at.
And we have had some discussions on it.
But they have been brief.
And inadequate.
So very rarely do I just pop off and blow off steam like this.
But this is where I'm coming from.
There's no point in spending a lot of time discussing when we are going to do this because I'm not voting on this today at all.
Period.
>>LINDA SAUL-SENA: Other council members care to comment?
Ms. Alvarez?
>>MARY ALVAREZ: Well, the fact that the neighborhood came out and asked for September the 8th, and in a night meeting, I think that gives us enough time to look over the documents and whatever questions we have.
I don't believe that we should do it on August 11th because of all the arguments that were put forth.
But I think by setting it for September the 8th at 6 p.m. is a good date for me.
>>JOHN DINGFELDER: If I could speak to that, Mary. The only issue I have for September 8th, I think that's a regular rezoning night.
This thing is going to be several hours unto itself.
If we look at the history on this project, every time this project comes up, petitioner is going to take an hour, the public is going to take an hour or two, staff is going to take time.
I think we need to do it on a special night.
>>MARY ALVAREZ: Well, not a special night.
>>JOHN DINGFELDER: We have done special nights before.
We did it on TGH.
I think it has to be at night.
Unless we wanted to prejudice all the other rezonings that have been set for months.
>>MARY ALVAREZ: There's only one so far that I can see on the agenda.
Calendar.
>>JOHN DINGFELDER: That's okay if you want to bump the rest of the rezonings and have that be the only issue that night, then I could be okay with that.
But today I'm not going to vote for it.
>>KEVIN WHITE: I just want to bring to the attention what Mr. Massey brought forth earlier.
I also agree that this should be held off and held for a night meeting where more residents can participate.
But we have a conflict in all of the scheduling for September which hasn't been addressed yet.
So before we move forward, trying to set a date for anything, we need to have some clarity.
And we'll bring that up later.
But as far as setting a date because we have budget hearing requests that are going to be in conflict with our regular zoning issues.
>>LINDA SAUL-SENA: May I make a suggestion?
We need a clean schedule for September.
We need to understand when the budget hearings are going to be.
Mr. Dingfelder made a motion that we continue the discussion of when this public hearing should be set for two weeks.
Mr. Dingfelder, do you want to keep that?
Do you want to change it for one week till we have more counsel members until we have a cleaner calendar?
>>JOHN DINGFELDER: We can discuss it next week.
That's fine with me.
By then I might have the information I need to even know if I want to set this for a public hearing because it's not -- not given that we set this for public hearing.
That's the suggestion from legal.
That's the suggestion from staff.
Okay.
There is no obligation on council to set it for a public hearing at all, period.
>>KEVIN WHITE: This is the problem that we have real quick with the public hearings for September.
We have night meetings scheduled for the 8th and the 22nd.
Because of scheduling conflicts with the law budget hearings need to take place on the 15th and the 29th.
So if that is the case, that means we would have four night meetings for the month of September which is unacceptable.
>>LINDA SAUL-SENA: Well, to you.
>>KEVIN WHITE: To me.
Absolutely.
And also what we made a suggestion of legal checking into is that we may be able to have -- rearrange the regular zoning hearings to those same nights as the budget hearings, and that way, notice has not been sent yet.
We are checking to see if we have any notice issues.
>>MORRIS MASSEY: Let me interrupt to that issue if I may.
There have been a couple of public hearings actually carried over and set for the 8th of September and for the 22nd of September.
I checked with Land Development Coordination staff.
The new public hearings, the applications that are in process that have not previously come before you, there are several set to be scheduled.
They have not been sent over and scheduled as of this date.
Therefore, we could alter the dates of those hearings.
One of the questions that legal staff and budget staff are looking into right now is whether we could have more than just a budget hearing on the night that you all hear the budget.
We don't have a clear answer to that right now.
We are researching it, right, Sal?
So that's where we are on that issue.
There may be a legal requirement.
But when you hear the budget, all you can do that evening is hear the budget.
And that may alter when you have the hearing date for September.
And from what I understand, we need to try to schedule the budget hearings today.
I know that's not quite on the subject matter but I want you to aware for calendar issues for September.
>>LINDA SAUL-SENA: To state where we are now, I believe there's a motion by Mr. Dingfelder that we continue this for one week for a discussion of when this might be scheduled.
>> I think that would be appropriate.
>>KEVIN WHITE: I second that.
>>JOHN DINGFELDER: To continue item 96?
>>LINDA SAUL-SENA: To continue item 96 one week for a discussion of when this might be set.
>>JOHN DINGFELDER: When or if.
>>LINDA SAUL-SENA: When or if and a consideration that it would be at an evening meeting, and we need to have a clean calendar when our budget and zoning meetings are scheduled in September.
Everybody clear?
Any more comments?
All those in favor say Aye.
Opposed, Nay.
So this will be continued one week.
We are now going to take a break for five minutes.
Thank you.
(Council in recess)
-=-
[Sounding gavel]
>>LINDA SAUL-SENA: Roll call.
>>JOHN DINGFELDER: Here.
>>LINDA SAUL-SENA: Here.
>>KEVIN WHITE: Here.
>>MARY ALVAREZ: Here.
>>LINDA SAUL-SENA: There are only four members of the council here so when we get to public hearing if you want to ask for a fuller council that is your right.
I just want to make everyone aware of that.
Captain John Bennett is here to speak on item 46.
Captain Bennett?
>>JOHN DINGFELDER: Is Captain Bennett out there?
>>LINDA SAUL-SENA: Come directly to the microphone.
>>> Captain Bennett: Tampa Police Department was asked to appear.
My name is captain John Bennett, special operations bureau, and I have purview over the traffic squad for the police department.
We were asked to appear on item number 46 reference providing report on how much revenue is generated by citations or tickets that have been issued in the last year specifically for speeding in school zones, and for vehicles that did not yield to pedestrians in crosswalks.
Those are great simple questions.
Unfortunately they come with a little bit a long response.
I went ahead and looked at the fiscal year for the city which would be October of 2003 through September 2004 as the year of the fund and in that period of time the City of Tampa according to the revenue report that we have collected 1,675,161.75.
Which equates to an average of $139,596.80 per month for that year, if you divide it on a monthly basis.
Using our citation database and to take you on a journey of a citation, when a citation is written in a field by any police officer it's done in a handwritten fashion, that citation is submitted and entered into a database that we have created inside the department to do some analysis work on.
From there a transmittal form is created.
And then all the citations are sent over to the clerk 's office for processing, which could equate to many dispositions for a citation.
Our databases reveal in that same period of time that we issued 118,599 citations that were self generated, not necessarily through traffic crashes, but through traffic stops and issues like that which averages 9,883 citations per month.
Specifically schools zones were pulled by citation number which yielded 109 school citations in that same period of time and 79 crosswalk citations.
So basically what happened is when the money is shifted from the clerk's R's office to the City of Tampa, it's done in kind of a gross format and it's not itemized per citation.
So every one of those citations in the crosswalk or school zone, they have to be hand shifted or sorted at the clerk's level.
We are in the process of working with the clerk's office to try to get a more holistic report on citation analysis.
But at this point, I had to do averaging.
And the only thing I could say is for every citation we wrote there was $14.12.
But that is a -- it's a tough number to get into because of all the math involved for every citation because some would be none because they were found not guilty or adjudication with held.
So the answer to the specific question, school zones in fiscal year 04 -- crosswalks yielded 1,115.48 using this dollar cost averaging.
>>LINDA SAUL-SENA: Thank you.
Council members, do you have any questions?
It's for safety.
I think the presence of a police car near a school entrance has an immediate calming effect on the speed of traffic.
>>> That's correct.
>> Even if you don't generate money from tickets, you're making a safer environment, which is the whole goal.
>>> Absolutely.
And just a final stat.
I looked at fiscal year 05 so far.
Citations in school zones are 289.
That takes us through June of 2005 before school starts.
So there's been a dramatic increase in those citations in school zones.
>> Thank you very much.
Any other questions by council members?
>>JOHN DINGFELDER: Just a comment.
Captain, your group, traffic enforcement, is a thankless task.
We all want everybody to slow down, but we have to look in the mirror and remind ourselves that we are the ones that are speeding.
And so just as a PSA to the public, captain Bennett runs a great squad, they are out there to protect us, and we appreciate everything you do, and hopefully you will have to give out less tickets, but because everybody will be speeding less, but we'll be optimistic on that one.
But anyway, we appreciate your hard work.
>>> Thank you very much for the comments.
I'll share them with the troops.
>>LINDA SAUL-SENA: We are now going to go to page 6, public hearings.
Number 25 and 26, I understand, have to be continued.
>>MORRIS MASSEY: Yes.
They are comp plan amendments, small scale.
Under council rules that requires a minimum of five days.
Ms. O'Dowd is here to talk about that.
>>MARY ALVAREZ: So moved.
>> Second.
>> One week.
>>LINDA SAUL-SENA: We need to do this by motion, I assume.
Next week.
Is there a motion?
Oh, I'm sorry.
And a second.
>> Excuse me.
Representing the applicant in petition number 26.
I will be out of town next week.
Could we possibly continue that petition to August the 4th?
Again, Ms. O'Dowd is usually here but I believe --.
>>MORRIS MASSEY: Ms. O'Dowd is usually here but they have to travel together.
If you could do that as well.
>>LINDA SAUL-SENA: Is there any problem withholding till August 4th?
So a motion and second to move both number 25 and 26 to August 4th.
Discussion?
>>JOHN DINGFELDER: Yes.
I received -- Mr. Marchetti received some comments from the neighborhood association.
I don't know if you received them or not on this plan amendment.
>>> I'm sorry, was that subsequent to the first hearing?
I have not received --.
>>JOHN DINGFELDER: I received them this week.
But anyway, I know you know those people.
You guys have been working with them and making presentations to them.
If you could get in touch with Mr. Hurley and ask him for a copy of that, because I might be asking some questions related to what their questions are.
So if you could be prepared to answer those at the August hearing.
>>LINDA SAUL-SENA: There's a motion and second to continue number 25 and 26 to August 4th at 9:30.
Any discussion on the motion?
All those in favor say Aye.
Passed unanimously.
I understand that there's some members of the audience who didn't understand that during the public participation time, that was the time to comment on fees.
So I will in deference to sitting through the council meeting today, I will again open the public participation portion.
Please come to the microphone, give us your name and address.
You have three minutes to discuss anything that's not set for a public hearing.
This is the time if you would like to comment.
This is the time.
And Mr. Daignault was here speaking earlier -- earlier on this.
And he explains that these are fees for -- well, I hope actually it will be useful to have somebody from public works to be able to answer questions, perhaps, that members of the public would raise, if we could have a staff person from public works, that would be helpful.
>>> How is everyone?
I just wanted to say that we was a little late about the water bill.
>> Could you give us your name and address?
>>> Victoria Henderson, my name is Ruby Smith, and we were late about the water part.
And I asked one of the ladies on the staff about the water, about why is the water going up on everybody that's been here for a long time, and why should it have to go up so much the fee, about the wasting of the water material.
Who do you talk to about that?
>>LINDA SAUL-SENA: Are you speaking to the fee increases?
>>> Yes.
>>JOHN DINGFELDER: I'll speak to it a little bit since I'm chairman of that group for council purposes.
The items that are on the agenda today, item 65 and 66 -- and I think there's one other -- are raising fees related to -- more related to big projects.
So, in other words, fur going to build a new building, you need a new big pipe to put in that building.
And that's what these increases are related to. They are not related to the day-to-day residential user like you and me.
However, and that doesn't say we don't raise those fees.
Last year, I think we had a fee increase.
And it's my understanding that this September staff will be coming to us with a proposed fee increase that I think is in the neighborhood of about 5%.
>>> Okay.
>>JOHN DINGFELDER: I don't have the details on that.
And I'm sure staff will be able to tell us why they need the increase.
And it's probably related to salary increases, and steel prices have been going up, and a lot of the things that we do, pipes under the ground that relate to steel and stuff.
So they'll tell us more in September.
But those will be advertised.
And we will actually -- staff will be putting that in your bill.
So everybody in the city will get notice of those September hearings in their August bill.
All right?
So this time it's mainly related to developers, and those folks.
>>> Thanks.
>>LINDA SAUL-SENA: Thank you thank you.
Anyone else from the audience care to speak to anything on the agenda not scheduled for a public hearing?
>> Good morning.
Peace be with all of you.
My name is Erma Salestin, 1812 west Columbus drive.
I have been complaining about my house that's been vibrating and apparently nobody is paying attention to what I'm saying.
It's very unfortunate.
Meanwhile, my house is falling apart.
And I don't know what I have done wrong to someone in this town here.
Apparently that's how I can look at it.
Because I feel like there is a grudge against me.
And people are taking drastic measure.
I guess when you have friends that are in the government, I guess you can ask them for favors to be done.
And I think they don't care about who is the person they are hurting.
But what I'm saying is that I would like for the City Council member to reconsider this, at least have stormwater come out --.
>>LINDA SAUL-SENA: Excuse me, this isn't on our agenda for today.
>>> I understand that but you said anybody can speak as far as, you know --.
>>LINDA SAUL-SENA: This isn't the appropriate time. This is the time for people to speak on the agenda.
The time for speaking on any topic is at the very end of our meeting.
So you will need to wait till the end of the meeting.
Although I think we got the gist of what you are saying.
>>> Right.
Somebody needs to do something.
Because it's getting worse.
And like I say if it doesn't stop I am going to continue until this is resolved.
>>LINDA SAUL-SENA: Thank you.
Would any member of the public like to speak on something on the agenda that's not scheduled for a public hearing?
Then we'll continue on page 7 with public hearings.
Number 27.
Scheduled for 9:30.
>>MARY ALVAREZ: Move to open.
>> Second.
(Motion carried)
>>LINDA SAUL-SENA: This is a pass-through bond from the University of South Tampa.
Is there a staff person to present it?
Mr. Territo.
>>> SAL TERRITO: This is for purposes of the public hearing.
It's to give the public a chance to discuss this item if they are interested in discussing it.
>>LINDA SAUL-SENA: Any questions from council members?
>>JOHN DINGFELDER: Will you just put on the record the city's liability or potential liability?
>> SAL TERRITO: There is no liability for the city.
The city's name goes on the band as a pass through to issue the bonds, at the University of Tampa, and the people with whom they are affiliated will bear the responsibility of paying the bonds back, in the of de -- default they are the ones responsible for default, not the city.
>>LINDA SAUL-SENA: Thank you very much.
Is there a motion?
There's a motion and second to approve this.
All those in favor say Aye.
Opposed, Nay.
Passed unanimously.
Thank you.
Number 28.
Continued public hearing so we don't need to open it.
Is the petitioner here?
Or staff?
Sir?
>>MORRIS MASSEY: I believe that you all had discussed this for the second public reading.
The problem has been that we had not had enough votes to vote either to approve or deny the rezoning.
At this point in time I believe the public hearing -- the public testimony portion of the public hearing -- Sandy, correct me if I am wrong -- if S closed.
It's not?
It's still open?
All right.
>>THE CLERK: At this time the second public hearing had been continued as a result of a decision of council at the first public hearing, at the time they made the finally decision.
They did put the ordinance on first reading at that time.
It was Ferlita and Saul-Sena voting no. Dingfelder absent.
Today is your second public hearing and second reading of the ordinance.
>>LINDA SAUL-SENA: I would suggest we continue this until we have a full council.
>>JOHN DINGFELDER: I don't believe we have that option.
I think our rules say we have to vote and then it continues if it doesn't pass.
>>MORRIS MASSEY: I believe you could continue if you wanted to continue it.
I mean, the petitioner should be allowed an opportunity to speak as to the merits of the second reading, and whether he would like for you all to continue it for a week.
You also could take a vote.
And if there's someone against -- or there's one dissenting vote either way, it's automatically carried over initially.
>>LINDA SAUL-SENA: Would the petitioner like to come up?
Thank you, sir.
>> My name is Maurice Riggs, Century Place, Tampa, Florida.
It's my understanding that prior to your vacation, if this petition passed --.
>>LINDA SAUL-SENA: The first reading.
>>> First reading.
So this is second reading?
And we need a full council to do the second reading?
>>LINDA SAUL-SENA: Well, you need four votes.
And you don't have four votes.
Maybe the best thing for you is just to have a motion to continue it to next week when we have a full council.
>>> I would like to do that.
>> So moved.
>> Second.
>>LINDA SAUL-SENA: There's a motion to continue this to next week at 10 a.m. when we have a full council.
Any discussion on the motion?
Passed unanimously.
Appear next week.
I'm sorry for the inconvenience.
Number 29 is a continued public hearing.
While the petitioner is setting up, I just want to say that because we only have four council members this week, if anybody wants to request a continuance till next week, that's certainly within your purview.
>>STEVE MICHELINI: You had asked me to do a couple things on the site plan.
If you are not comfortable moving forward we can continue this.
This is 201 south Armenia.
You had asked for us to clarify building footprint because it was difficult to read on the site plan.
So we outlined the footprint.
This is the multifamily.
And then transition to residential area.
>>LINDA SAUL-SENA: Mr. Massey is going to get land development staff because they are not here.
>>STEVE MICHELINI: You also asked us to provide elevations from other sides of the building to show you how it related to the areas to the west and south.
>>LINDA SAUL-SENA: Do you have those on pass-outs for council members?
>>STEVE MICHELINI: I have these that I can give you.
>>LINDA SAUL-SENA: Thank you.
>>STEVE MICHELINI: Would you like me to wait?
>>LINDA SAUL-SENA: For just a moment.
>>> This is the Montessori school site.
>>JOHN DINGFELDER: It looks quite a bit different from the last time you showed us which I think is probably a big improvement.
>>> We changed it.
At least we gave you a better idea what it was going to look like in relationship.
We also brought the height down.
We had asked for I think 60 feet.
It's 45 feet now.
And most of the property is zoned CG.
This portion back here is a residential classification but that's where the parking lot is.
>>LINDA SAUL-SENA: Could you just orient us with the streets on the map that you're pointing to?
>>STEVE MICHELINI: Sure.
This is Cleveland.
It runs across the north side here.
Jimmy Mack's used to sit across the street.
That's now a law office.
And this is south Armenia.
Kennedy Boulevard is one block north of here.
And immediately south of here are professional offices and apartments.
And there's apartments in the back.
>>JOHN DINGFELDER: One of the concerns that I had the last time was on the west side, which I guess is at the bottom?
>>> It's this one here.
But I have also given you --.
>>JOHN DINGFELDER: I was hoping you would step down a little bit as you got toward the west.
Has that been accomplished at all?
>>> Well, what happens on the west side is that it actually steps in and out with these elements here, these balconies.
>> Is this looking from the west?
>>> This is looking at it from the -- this is the east side.
But the west side is a replication of that.
The west is the same as the north.
North and the south are the same and east and west are the same.
And then we have given you the elevations.
>> I had some concerns because you are transitioning into a less dense area to the west.
>>> On the west side we have this whole parking lot.
And you see the stair stepping that occurs here.
>> So that's your buffer?
>>> Right.
This is the west side.
So we put all the parking over here and the landscaping.
And then we have shifted the building as close as we can get and still preserve this tree here.
>> Where is your swimming pool?
>>> That's still over here behind this entry feature, which is really their clubhouse, and entry to the whole project.
And you asked how it was going to relate to the streetscape and things like that.
>>MARY ALVAREZ: Where is the parking?
>>> The parking is underneath the building.
>>MARY ALVAREZ: I don't believe I was here when you presented this.
>>STEVE MICHELINI: I can show you the next sheet.
>>LINDA SAUL-SENA: Mr. Michelini, this is such an improvement.
It looks like you went to historic Roosevelt school for architectural inspiration.
>>> The last one that we showed you was very difficult to read because the parking was shown on that overall plan.
So we prepared two plans for you to show the parking that's underneath.
This is actually the ground level that you're looking at now.
And then the other portion is the building portion.
And if you look at it, you can see the parking goes underneath.
And then back around the back side.
So we've eliminated the building, any structures from the west side.
>>MARY ALVAREZ: The dumpsters.
>>> That's in the back.
This is a wall.
And a landscape buffer that occurs here with trees.
And it comes underneath the edge of the -- by the edge of the building.
>>LINDA SAUL-SENA: Any other questions?
>>MARY ALVAREZ: And you on had three guest parking spaces?
>>> There's probably more guest parking spaces, only because the occupancy of the building, some of those are one bedroom, some are two bedrooms, but we can only identify three as designated visitor parking.
>>MARY ALVAREZ: Okay.
Mr. Dingfelder.
>>JOHN DINGFELDER: The original request included four waivers, reduced landscape buffer, six-foot wood fence, reduction and sign increase.
Are those applicable?
And does staff have a new staff report?
>>> We have limited the sign to a total of 20 square feet maximum.
>>
We might have a waiver necessary for the location, because it's on the wall of this building.
It's supposed to go above the windows.
So you identify the name of the project.
>>CATHERINE COYLE: Land development.
The waiver for the signage is still on the plan.
It says it's going to be 40 square feet, not 20.
There is a 7-foot vehicle use area buffer Armenia for the guest parking spaces.
There's a six-foot wood fence in lieu of landscape buffer along the west property line.
They are increasing the size of all the two-inch required trees to four inch for the reduction of the required green space.
They are reducing 2600 square feet of green space.
Require 11,452.
I did need a clarification also from Mr. Michelini on the record and I can note it on the plan.
I mentioned in the last hearing that -- if I could have the Elmo, please.
You can see that the site is a retaining wall is almost three feet above the sidewalk.
So effectively the building is not 45 feet.
It's probably going to be about 48, 49 feet.
I just want a clarification from if they were going to remove the wall and potentially leave landscape fill around the tree, or if they were just going to leave the same grade and repair the wall.
I certainly didn't want to see more fill on top of the fill that's already there.
>>STEVE MICHELINI: We did not intend to fill beyond the current elevation, the finished grade of the land that's there now.
One reason we can't excavate this is because of this tree here.
If we start excavating, we are going to damage all the roots of that tree.
But we were intending to maintain the same elevations that are currently there.
>>JOHN DINGFELDER: Quick question.
Would your client be comfortable substituting a wall on the west side instead of the wood fence?
>>> That's fine.
It's an office building over there.
>> Just a sense of permanence.
Masonry.
>>> And Cathy was correct we were showing 20 square feet on each side of that wall.
But it's a low-scale identification sign.
It's not a massive I.D. sign.
>>JOHN DINGFELDER: So it would face --
>>> One would face Platt -- Armenia, the other would face Cleveland because you have southbound traffic that would actually be looking at the side of this.
>> Do we have some assurances on the site plan that these are low signs?
>>> We can note that if you like.
>>CATHERINE COYLE: How would you like that to be noted? No higher than --
>> Six feet?
>>CATHERINE COYLE: Six feet above grade, located on the building?
>>JOHN DINGFELDER: On the building?
>>CATHERINE COYLE: It's on the building.
>>STEVE MICHELINI: We are showing these on the building in this little area here but we can indicate it should be no higher than six feet above grade.
>>JOHN DINGFELDER: I'll let you use your discretion but I think you know where I am coming from.
>>CATHERINE COYLE: Okay.
>>STEVE MICHELINI: I have some letters from property owners including the one to the north.
>>JOHN DINGFELDER: Are you still looking for 22% reduction of green space?
It looks like you have a fair amount of property to landscape and stuff.
>>STEVE MICHELINI: Well, what is starting to eat it up is when we shifted the parking back, we freed up this area here for extensive landscaping.
We went to the four-inch trees to make that a heavier green buffer.
And then we were going to sort of play around up here and landscape that with lower scale landscaping.
>>JOHN DINGFELDER: Sometimes we have that condition where we talk about landscaping in the right-of-way.
>>> We could add trees in the right-of-way if you like.
>>CATHERINE COYLE: There is limited right-of-way just so you know.
You look at the sidewalks.
Only approximately five feet.
And you're right up against the pavement.
>>JOHN DINGFELDER: Is that the Armenia side?
>>> It is Armenia.
Cleveland side --.
>>STEVE MICHELINI: Cleveland there are trees existing in this buffer.
>>CATHERINE COYLE: Can't really see in the my pictures.
>>STEVE MICHELINI: There are oak trees here now but we can enhance them, if some of them are in bad condition we can replace them.
>>JOHN DINGFELDER: A any condition that they would work with parks and right-of-way?
>>CATHERINE COYLE: We are not going to maintain them if they put them in.
>>STEVE MICHELINI: We'll maintain them but we'll work with parks to identify how to enhance landscaping along Armenia and Cleveland.
>>LINDA SAUL-SENA: I have a question for Ms. Coyle.
We discussed a fee associated with -- when a petitioner isn't -- an in lieu fee for landscaping. Did we pass this?
>>> Not yet.
It's in the chapter 13 amendment.
>> When is that coming back to us?
>>> I guess within the next month or two, I would imagine.
>>LINDA SAUL-SENA: Council members, the idea is if somebody is waiving 1100 square feet of landscaping that's a significant loss.
>>CATHERINE COYLE: 2600 actually.
>> Thank you.
It's a significant amount of green space.
And what we're asking developers to do in that case is to provide the city with some additional money that we can then use to purchase green space.
>>> This particular district is $10.78 per square foot being waived.
>> So what would that be?
>>> $26,000.
>>LINDA SAUL-SENA: That's pretty significant.
>>MARY ALVAREZ: That's pretty steep.
>>CATHERINE COYLE: In fact, it's low.
>>STEVE MICHELINI: One of the reasons why we went to the larger trees for replacement trees was to mitigate that.
>>LINDA SAUL-SENA: And we appreciate that.
And I totally prefer 4 inch trees over 2 inch but that's not $26,000 worth of mitigation.
So Mr. Massey, let me ask you something.
This is not currently in our code.
But it's something that we have had some public hearings on.
What can council do about this?
This is a very significant waiver of green space.
>>MORRIS MASSEY: I think council has publicly stated its intent to consider this in lieu fee.
Would the in lieu fee be applicable at the time of permitting generally?
Or when would be in lieu fee paid?
>>CATHERINE COYLE: I think it's permitting.
>> If it's your intent to adopt this ordinance and if this is ordinance is adopted before permitting then I think conceivably they would have to pay that fee, legally.
>>CATHERINE COYLE: You would like the in lieu fee paid if enacted prior to permitting, of the rate that council adopts?
>>MORRIS MASSEY: I don't think you even have to add a note.
I think --.
>>LINDA SAUL-SENA: I wasn't certain if it was at the time of approval of the rezoning or permitting.
>>JOHN DINGFELDER: So if they get their permitting --
>> Could we add this note?
>>MORRIS MASSEY: There's really no basis in the code for you all to be asking for that at this juncture.
I think you need to enact the ordinance first.
>>LINDA SAUL-SENA: That certainly is incentive to get busy because that's a significant reduction of green space.
Any other comments by council?
Would the public like to speak on this petition?
>> Move to close.
>> Second.
(Motion carried)
>>LINDA SAUL-SENA: What's the pleasure of council?
>>JOHN DINGFELDER: Move the ordinance.
Move to adopt an ordinance rezoning property in the general vicinity of 201 south Armenia Avenue in the city of Tampa, Florida more particularly described in section 1 from zoning use classifications CG, RM-16, residential single family and RO to PD, providing an effective date.
And I just would make that motion with the comment reiterating Ms. Saul-Sena's comment this is a good improvement over the last one.
I guess for the clarification staff is looking for, is this going to be 45 feet above the current grade?
>>STEVE MICHELINI: Right.
>> So it's not going to be adding fill and then 45 feet.
>>> That's correct.
>> And I think it looks like it's going to be a very nice project.
>>STEVE MICHELINI: Thank you very much.
>>LINDA SAUL-SENA: Did we vote on that?
There's been a motion and second.
All those in favor say Aye.
Opposed, Nay.
Passed unanimously.
Oh number 30 is a continued public hearing.
>>STEVE MICHELINI: Staff has asked us to continue this based on some conversations that they have had recently with one of the adjoining property owners and we are in concurrence to be continued, ask for two weeks.
>> So moved.
>> Second.
(Motion carried)
Passed unanimously.
I'm sorry, was there anyone from the public to speak on number 30?
Okay.
Number 31.
>> Move to open 31.
>> Second.
>>JOHN DINGFELDER: A request for continuance.
>>LINDA SAUL-SENA: We can open it and continue it.
Motion to open it.
Passed unanimously.
I think staff is going to ask for a continuance because there's a question about whether the owner, city --
>>> Dennis Fernandez, historic preservation, we are requesting a continuance on item number 31 as a courtesy to the Florida national guard who are researching the impact for the U.S. Army on what the local designation might do to the facility as security issues.
>>LINDA SAUL-SENA: Do you have a specific date?
>>> I would like to request November 3rd.
>> So moved.
>> Second.
>>LINDA SAUL-SENA: Any discussion?
Passed unanimously.
Thank you.
>>JOHN DINGFELDER: Move to open 32.
>> Second.
>>LINDA SAUL-SENA: Motion and second about Gary public school.
Motion and second.
(Motion carried)
Staff?
Stay up front.
>> Fernandez: This item is just the initiation of the designation process to allow the Planning Commission, and at which time it will be scheduled for two public hearings before council.
>>LINDA SAUL-SENA: Is there anyone in the public to speak on this?
>>MARY ALVAREZ: Move to close.
>> Second.
>>JOHN DINGFELDER: Move to adopt the resolution.
>>LINDA SAUL-SENA: Passed unanimously.
Motion and second to open number 33.
All those in favor say Aye.
The public hearing is now open.
Before we get going, I have a question of legal.
We had discussion about this yesterday.
This building isn't in existence yet.
I was wondering whether we can rezone something that doesn't yet exist as a building.
It's a question for Mr. Massey or Ms. O'Dowd.
>>MORRIS MASSEY: I would defer to Ms. O'Dowd on that.
>>CATHLEEN O'DOWD: Legal department.
I thought Eric Cotton was going to be here to discuss that issue.
He evidently had a discussion approximate about that yesterday, in the past some property where the structure has not yet been built but it's been limited to the footprint of the building.
And in this situation I believe we have the PD rezoning, so we do know what the site plan is going to look like.
But I will defer to the petitioner to address that specific issue as to why they want to proceed at this point.
>>JOHN DINGFELDER: I have the same question.
Because there was one over by the convention center that we all sort of balked at when there wasn't a building there.
>>KEVIN WHITE: I remember that specifically.
And I think the problem with that was we were going to do it but petitioner wouldn't agree to the outline of the footprint.
He wanted it for the whole block.
>>JOHN DINGFELDER: And that's what this is.
>>KEVIN WHITE: Okay.
So if that's the same issue.
>>MARY ALVAREZ: I don't feel comfortable until we have something happening there.
>>LINDA SAUL-SENA: I was just reminded by the clerk that we need to swear in anybody that would like to speak, not only on this but if we could be efficient and have everyone that wants to speak on the public hearings to stand as a group, and city clerk will swear you in.
>>THE CLERK: Do you solemnly swear or affirm to tell the truth, the whole truth and nothing but the truth?
>>LINDA SAUL-SENA: Thank you.
Petitioner.
>>MARK BENTLEY: 201 North Franklin Street.
I represent the petitioner, towers of Channelside LLC.
We are requesting a continuance to August 11th.
>>MARY ALVAREZ: So moved.
>>JOHN DINGFELDER: No, wait.
That's the easy way out.
>>MARK BENTLEY: It's a right.
>>JOHN DINGFELDER: I have a question before we get there.
I think the key question is it's going to come back on August 11th.
I think all of us in looking at this petition say that perhaps it might be a little premature.
I mean, you're talking about a high-rise building that is not under construction yet.
It's my understanding when these permitting are granted from us, they're only good for a year, until something happens.
And then they would expire.
You are not going to be able to build a high-rise within a year.
The other question I had was as I was looking at this, it appeared that it's a 4(COP) for the entire premises, and we weren't -- maybe there's footprints involved but we weren't given footprints.
I understand you're saying as a matter of right you can ask for a continuance.
I don't know if that's true or not but --.
>>MARK BENTLEY: Let's deal with what you can and can't wet zone in the city.
I know it's in the code and I am having difficult finding that provision.
You can wet zone a lot, a tract, or block.
Okay?
That's in the code first of all.
Secondarily with respect to the 4(COP), this project, it's multi-use project.
It's under construction at this point in time.
All the units have been sold.
Some of the condominium structures actually retail have been sold at this time.
Some of the restaurants space, et cetera.
So what we did is we requested a 4(COP) for five different elements of the project.
Four on street level, and actually investing over $50 million on street level, a lot at the suggestion of your planning department, through the rezoning process.
So you have got four elements on the first floor.
Then you have got on the fifth level the pool area, okay, which is totally private.
So what we had to do is we asked for a 4(COP), and our intention is to self-impose conditions with respect to the different users.
For example, on the first floor, there's a lounge.
There's two restaurants.
And then there's a package sales.
So the only way we can go under one petition for five elements is to ask for 4(COP) buoys it's the most liberal category.
So what I intended to do when we went forward on the merits here is suggest to council, for example, the restaurant, no package sales, it's a self imposed condition.
The pool, likewise, no package sales.
The package sales component.
It can never be a bar.
Otherwise I have to file five different petitions.
I mean just the filing fees alone are over $1100 per petition.
Didn't make a lot of sense, it's inefficient, takes a lot of staff time, TPD, et cetera.
It's under construction.
It's in planning.
It's not speculative.
The entire unit is sold out.
We can't wait.
I see your terms of the automatic activation.
We can continue that as well I think as a matter of right.
I don't know that the period of time, that escapes me as well, to six months one additional year.
There's a lot of pre-planning going on. This we can't wait till the eleventh hour and say, oh, by the way, we need wet zonings.
They have made their investments.
It's under instruction.
>>JOHN DINGFELDER: When you come back, are you going to have specific footprints?
Because as Mr. White pointed out, that was a problem we had with another petition, is that petitioner wouldn't give us specific footprints.
>>> I have that.
And it's in the record.
>> It's not in my file.
>>> I'll make sure you have that.
>> Don't be indignant, mark.
It's not in my packet.
>>> I'm not indignant.
I gave to the staff and I'm surprised you don't have it.
>>LINDA SAUL-SENA: I have a question.
Normally when people petition for a wet zoning, they notify the neighbors.
And I know that all the units are sold out.
But they are physically not built.
And the people are not living there yet.
Are you as the petitioner, as a courtesy, letting everybody know all these people who purchased these condos that this is coming up?
>>> Exactly.
When someone enters a contract all the amenities and different uses, they are disclosed.
The issue here is they haven't actually conveyed an interest in the condominium yet.
They have contracts.
Okay?
And they haven't closed on those yet.
There's really just one owner at this point in time.
But everybody receives that information with respect to what the uses are.
It's pretty much a self-contained project.
Most people actually want this.
This unified development with all these different aspects.
>>LINDA SAUL-SENA: This council, with the exception of a couple of us, supported this.
And I think that the variety of uses that you're requesting is something that we're very supportive of.
I think that the concern is the blanket request.
And I have a question of staff.
Under the use that the petitioner is asking for, is there a way of doing other than separate requests for each of the spaces for lesser intensities in liquor zonings to designate or to identify or to limit, for example, the restaurants, perhaps an R-use, or the pool area, so that there won't be package sales?
Is there a way to do that other than requesting individual row zoning requests?
>>ERIC COTTON: Land development.
Sorry I missed a portion.
To my knowledge, there isn't.
Unless there's a way through the conditions to say a portion can be -- I'll defer to legal on this.
But I don't think there's a way other than coming in with separate individual wet zonings to get to that accomplishment.
I know Mark, Cate and I had discussion was this and we were leaning towards recommending one petitioner per the use.
The petitioner representative, I guess after talking to petitioner, decided rather go with one overall wet zoning for the entire site.
And just for Mr. Dingfelder's clarification, in the packet if you look at the legal description, it may not be that clear but if you look at the legal description of the drawings, there is a survey attached to each of the legals describing what is being highlighted in dark.
And maybe through the PDF files they are not that clear.
But it does show a section that is wet zoned.
Do you mind?
Up on the Elmo, Mr. Bentley highlighted. This but this is what's shown in your packets in the application.
Without the blue portion.
It will show the line of what's being individually wet zoned.
>>LINDA SAUL-SENA: This project, as I understand, is a very significant project.
Mr. Bentley, would you characterize it as over a $60 million project?
>>> Yes, easily.
>> That's what I thought.
So it seems to me that the $1100 per wet zoning fee in the scope of things is not a big deal.
I mean, this is not a mom and pop operation.
>>MARK BENTLEY: I think there's some confusion here.
If you look at the Elmo what we have done, we have identified discreet legal descriptions, it's not a blanket request.
And we have identified the sushi restaurant, et cetera, et cetera.
The code allows us to go through this process like this.
And like I said, at the end of the day, when we get to the merits, I would self-impose conditions on all these things --.
>>LINDA SAUL-SENA: But your self--imposition from what I'm understanding from legal is self-imposed but it doesn't have any weight in the City of Tampa.
>>> It has a weight of law.
It's part of the ordinance.
It's a condition of the ordinance.
>>LINDA SAUL-SENA: The ordinance, I understand, is to request a 4(COP).
>>> It would be like this, okay?
It would be 4(COP).
With respect to space 1, no package sales.
Space 2, our legal description 2.
Do you see what I'm saying?
>> Yes.
But I just need clarification from our legal department.
Would that carry the weight that Mr. Bentley suggests?
>>CATHLEEN O'DOWD: Legal department.
Attached to every ordinance is a copy of the legal description of the property that's going to be wet zoned, as well as the survey.
In this instance it's identified in your package as exhibit B-2.
The legal description identifies three different retail lots.
And those are the areas that are proposed to be wet zoned.
So that would be incorporated into the ordinance itself.
>>LINDA SAUL-SENA: So the self-limiting things that Mr. Bentley described would be part of the ordinance and would be enforceable by the city so that, for example, if the sushi place had an R, then that would be part of the ordinance?
>>CATHLEEN O'DOWD: I don't read the proposed ordinance as requiring an R designation in the portion of the building.
It is a 4(COP) for all of the wet zonings.
What we are doing though in the ordinance, I attach in the legal description is identifying those areas of the structure where sales may be made.
It's not -- if not that, you will have different designations -- designations.
It will still be a 4(COP) for all of the premises.
>>MARK BENTLEY: Subject to self imposed conditions, which has the same effect as if it were an R, for example.
Okay?
The sushi place could never be a bar and have package sales, for that legal description.
And on and on and on.
And it's pretty simple.
>>LINDA SAUL-SENA: Mr. Dingfelder.
>>JOHN DINGFELDER: It's not pretty simple.
It's very unique and very creative, Mr. Bentley, and you're often creative, and I appreciate that.
I think clearly very intelligent way to approach this and not do five petitions.
I don't have a big problem with that.
I just want to make sure that when we do go forward in August that it's abundantly clear to us and to staff that your self--imposed conditions will be equally enforceable.
In other words, if your intent is that's going to be a 4(COP-R) on one portion of that footprint -- and I did find the drawing.
It's not easy to find in the document but it's there.
And I apologize for saying it wasn't.
It's still not easy to figure out.
But if it's your intent that it's a 4(COP-R) and that's going to be your condition, then you have got to be able to say that we will comply and report.
I think those 4(COP-R)s report every year to us, and to give us the affidavits that they are consistent and compliant.
And I think that then we would probably feel a lot more comfortable and go forward.
>>MARK BENTLEY: What I would suggest, this is an opportunity to maybe get with Cate and staff and actually work out the mechanics of this, and then come back on the 11th.
>> But you would?
>>> Yes.
>>LINDA SAUL-SENA: Is there a motion to continue to the 11th at 10:00 o'clock?
Motion and second to continue number 33 until the 11th at 10:00.
All those in favor?
(Motion carried)
We are now going to break briefly and go into our CRA meeting.
After the CRA meeting, we'll continue with number -- on page 8 with number 34.
So council is recessed briefly.
(City Council recessed at 11:05 a.m.)
-=-

Tampa City Council
Thursday, July 21, 2005
1:30 p.m. session

DISCLAIMER:
The following represents an unedited version of realtime captioning which should neither be relied upon for complete accuracy nor used as a verbatim transcript. The original of this transcript may have been produced in all capital letters, and any variation thereto may be a result of third-party edits and software compatibility issues. Any person who needs a verbatim transcript of the proceedings may need to hire a court reporter.



[Sounding gavel]
>>LINDA SAUL-SENA: Tampa City Council is called to order.
Roll call.
>>JOHN DINGFELDER: Here.
>>MARY ALVAREZ: Here.
>>KEVIN WHITE: Here.
>>LINDA SAUL-SENA: Here.
Three of our council members are not with us today.
So if there's a petition coming before us, and the petitioner wants to request a fuller council to hear it, you're allowed to make that request.
We are now going to page 8, number 34.
>>MARY ALVAREZ: Move to open.
>>JOHN DINGFELDER: Second.
>>THE CLERK: (off microphone)
>>LINDA SAUL-SENA: Is there anyone here to speak on number 35?
>>MORRIS MASSEY: Can't hear it.
>>THE CLERK: On 35 you need to make a motion to allow to file an amended -- amended petition.
>>LINDA SAUL-SENA: On number 35.
All in favor say Aye.
Mr. Cotton.
>>ERIC COTTON: Land development.
This is a request for wet zoning.
>>LINDA SAUL-SENA: Excuse me, we haven't yet opened.
>>JOHN DINGFELDER: Move to open.
>>LINDA SAUL-SENA: There's been a motion and second to open number 36.
[Motion carried]
>>ERIC COTTON: Land development.
First I would like to submit for the record.
This is wet zoning for 3636 Henderson Boulevard.
The petitioner is asking to do a 2(COP) R for property that has a CG zoning district on it.
Petitioner is asking for the waiver of distance separation requirements which allows the R designation.
There are no other wet zoned properties within a thousand feet.
The U save grocery store, I think it closed now, 3232 Henderson, 2(APS).
A 2(COP).
And -- excuse me.
And the other two wet zoned properties, they are not within a thousand feet of any government buildings or institutional uses.
And they are not within a thousand feet of any residential areas.
>>LINDA SAUL-SENA: Thank you.
Before folks get up to speak, we'd like to have another group swearing in of anybody who wants to testify at public hearings who has not previously been sworn in.
So if you wouldn't mind rising and repeating after the city clerk.
>>THE CLERK: Do you solemnly swear or affirm to tell the truth, the whole truth and nothing but the truth?
>>LINDA SAUL-SENA: Thank you.
>>JOHN DINGFELDER: Mr. Cotton?
Eric?
Would you go back to the mike for a second?
>>ERIC COTTON: I need to make a correction.
They are asking for a waiver for business separation from residential.
Yes?
>>JOHN DINGFELDER: Give me a few landmarks.
Would you give me a few landmarks?
>>ERIC COTTON: This is Henderson, Sterling, Himes.
This is the property in question.
This is the part of the intersection of Swann and Henderson.
>>LINDA SAUL-SENA: The property in question was previously another restaurant, it was a barbecue place.
>>JOHN DINGFELDER: Can you give me another major building there?
I'm sort of spaced right now.
>>LINDA SAUL-SENA: Immediately adjacent, back over here.
>>JOHN DINGFELDER: Okay.
Thank you, Madam Chair.
>>LINDA SAUL-SENA: Petitioner?
>>> Gene Haynes from the police department.
I'll be taking over.
We have no objections at this time.
>>LINDA SAUL-SENA: Thank you.
Petitioner?
>>> My name is Dixie Liberty, the representative from Millo, Inc. We are requesting a 2(COP-R) on our restaurant license, beer and wine.
>>LINDA SAUL-SENA: Can you tell us what's there now?
>>> Now it's a restaurant.
Before it was raging remember's and they closed up.
They were closed for a couple months.
Now my client has taken it over.
And it's still a restaurant.
So it an Italian restaurant.
It's 1880 square feet.
>>LINDA SAUL-SENA: Thank you.
Is there anyone from the audience who would care to speak on this proposal?
Please come up and give us your name and address.
>>> My name is Betsy Leslie, 3614 west Lykes Avenue.
If you would like to refer to this map I'll show you exactly where that is.
My house is located right here.
I'm sorry, this first one.
This is an apartment building.
This is commercial.
And what I'm here to mention is, I don't per se object to the wet zoning.
What I do want to draw the council's attention to is the proximity and the free access available to the residential area around Henderson Boulevard, specifically my street.
Now, if you will recall, it was not that long ago that at this intersection of Henderson and Lykes Avenue, there was a traffic fatality.
So they changed that intersection to be a one-way access.
You can only go east onto my street now from Henderson Boulevard.
So what everyone does now, they go down -- if you will again see this map.
And I brought some of my own.
We can look at those if necessary.
All of this parking area here, all of this parking area, and all of this alleyway, is the same grade and looks the same so it all looks like one huge parking lot in and around Borrows.
There are 17 commercial interests facing Henderson.
This triangular area is residential as are the seven houses on Lykes Avenue.
And here's my concern.
My concern, this frequently happens.
I moved in about four months ago and was very surprised at the level of traffic we have on my street, now a one-way street.
So I have done some investigations of my own.
I have even asked people as they come down my street, where they are coming from.
And what I have found out is that this entire distance behind these commercial interests is out of there.
And it stretches from Himes, and this Swann area to my street.
So what people do, rather than pulling onto Henderson, which is a five-line road there, and it's very narrow, they go down this alley, and they come out, right in front of my house and go down my street.
We specifically asked this Borrows if we could put up a wall to help in some way, to at least cut down on some of the traffic because they just drive off of that parking lot down our street.
He said, no, the people who eat at his restaurant like to drive off the curb and go down my street because it saves them from pulling onto Henderson.
Well, that may be safer for the people in their cars, but I'm a stay-at ---home mother, have four children at home that I home school.
So there's no time of day when I don't have children around my house.
Furthermore, before I home schooled and came home, I was a prosecutor at the state attorney's office.
So for three years I prosecuted DUIs and DUI homicides.
I know exactly how people think and drive.
And the processes that go with having that kind of an establishment near my home.
Now again, I do not object per se to the wet zoning.
But I have a recommendation.
My recommendation is this:
I've asked people as they come down this alley where they are coming from, and they have even come as far as down here, which is beyond the restaurant and they dot because they don't want to pull out into the five lane Henderson traffic.
So they are coming from the entire distance of the alley turning onto my street.
Again, I have the first home here.
So if anyone misnegotiates that turn, it's my house they hit.
So my recommendation, to protect these residences, this is an apartment complex with a through alley and people go through there as well, that do not reside there.
This is commercial.
All of that is residential.
So what I am asking the council to consider is to put a wall here that would keep people from coming down this alley and accessing my street.
They don't go down and exit this way, because then they are exiting onto Himes and Swann and Henderson.
There's a three-way intersection there.
So they perceive this exit as the safest way to leave all of these establishments.
And it's of great concern to me because we have a business run out of my home.
My husband is self-employed.
We have four children there.
Soon we will have my parents residing with us.
And yet it's perceived as a safe through-way for all 17 of these establishments, as well as this apartment complex, and this commercial business.
So that's my recommendation and my request in lieu of something like that not happening, I don't know what else to request other than to not have wet zoning.
But again, that's not the issue.
Because it just going to increase traffic that's already existing.
And it's going to make it more dangerous traffic.
>>KEVIN WHITE: You confuse me.
Are you saying put a wall in the middle of Lykes Avenue or where the W is?
>>> Excuse me hand drawn map but I'll show you what I'm talking about.
This is an alley.
Again, you cannot distinguish it from the parking lot.
It all looks the same.
It's all paved the same.
But technically, according to city document, this is an alley.
This too is an alley.
But with this apartment complex.
This is my home.
So they exit all of these establishments, and they drive down this alley, and exit my house.
What I'm proposing is something right about here that would protect these residences.
And then you could do anything you wanted with this.
You could make that two-way access again.
I don't know.
But you have got plenty of options.
My concern again as I mentioned before, I have asked people as they come down these two differential Liss what they have been coming from, and it's all the way down the road.
>>LINDA SAUL-SENA: Lots of people want to say things.
>>MARY ALVAREZ: I believe this is a transportation issue.
We're talking about a wet zoning here.
And I understand your problem.
But you really need to -- sounds like to me you want to cul-de-sac that area.
>>> Yes, ma'am.
>>MARY ALVAREZ: You need to go and talk to somebody else other than -- we can do that, but at this time we're just doing a wet zoning.
>>> With all due respect, I understand that.
I just didn't know how else to object to this without going this far.
>>MARY ALVAREZ: And where -- that little restaurant you're talking about?
On the other side?
>>> On down.
>> It's not even that restaurant that you're talking about.
>>> That's correct.
>> Thank you.
>>JOHN DINGFELDER: Can you put it back for a second?
>>> Yes, sir.
>>JOHN DINGFELDER: This is first reading for this wet zoning.
So between -- assuming that council goes forward with this, maybe between first reading and second reading, we can have transportation take a first look at that issue.
I think -- it's not without precedent.
I was thinking about over there by Sports Authority, at Westshore and Kennedy, in that area when Kennedy became more commercial, at some point those streets got cul-de-sacked, for a similar reason, pretty much as a buffer, and break cut-throughs.
There are some pros and cons to it.
I think what is critical is you're right there in the first house effected.
I think it's critical that you go up an and down your street and perhaps -- what's the next street?
Himes, I guess, and some of the other residential around the corner on Himes, and make sure that you have signatures that everybody else is in support of it.
Because other folks -- your neighbors are also cutting through your street.
And when you eliminate that access, they may not be that keen on it.
I think for this council to go forward at least even initiating with transportation, you are going to need to show us that you have more support or almost unanimous support up and down your street and the surrounding couple of houses on Himes.
>>> Yes, sir, I understand.
>>JOHN DINGFELDER: But I think there is some relevance to the wet zoning, because clearly they are going to be increasing traffic down the alleyway.
It looked like there was some parking in the back of the restaurant.
Does that have access to the alley?
>>MORRIS MASSEY: Please come to the podium.
Petitioner: It's right hear on the side.
This is the white wall.
That's the alley behind it.
Parking slots in the back where employees park.
>> So theoretically that alley is relevant to this issue because they can leave Fortunato's into her neighborhood.
>> But we still can't initiate something with without transportation because she's going to have to go through the public hearing process.
>>LINDA SAUL-SENA: They can study it.
>>MARY ALVAREZ: You can do that.
But this is a wet zoning hearing.
>>KEVIN WHITE: I was going to say as well, when we look at this, this is a 20-seat restaurant?
>>> There's a total of 16 tables.
Small.
>> Because it's wet zoned isn't going to increase the amount of patronage this place has.
>>JOHN DINGFELDER: But it might change the temperament of their driving.
>>> On Monday through Friday they are open from 11 in the morning for lunch.
He doesn't even serve anything.
Well, he doesn't have a liquor license.
But he's not going to during the day for lunch.
It would be like more in the evening time.
And they close at ten.
And then on Saturdays they open at five and close at ten.
And then on Sunday they're closed.
>>JOHN DINGFELDER: Are you suggesting you might want to voluntarily limit the hours that he could serve, or that he needs?
>>KEVIN WHITE: No, she was just telling us the hours.
>>> No, it's just that he doesn't serve -- his lunch isn't really busy at this point.
He's only been open for maybe about a month.
>>JOHN DINGFELDER: Okay.
Thank you.
>>LINDA SAUL-SENA: Is there anyone else from the public that would like to speak on this?
>> Move to close.
>> Second.
(Motion carried)
>>LINDA SAUL-SENA: I do hear a motion?
>>MARY ALVAREZ: Make a motion --.
>>JOHN DINGFELDER: To approve.
>>LINDA SAUL-SENA: Read the ordinance?
>>MARY ALVAREZ: Move an ordinance making lawful the sale of beverages containing not more than 14% by weight beer and wines regardless of alcoholic content beer and wines 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 3636 Henderson 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.
>>LINDA SAUL-SENA: There's a motion and second.
Mr. Dingfelder.
>>JOHN DINGFELDER: I'm going to go ahead and vote with this motion today, but hand in hand with my vote, I'd like transportation to get back with us -- I don't want to do it separately, because I want to the ride with this one.
>>LINDA SAUL-SENA: Okay.
>>JOHN DINGFELDER: I'm just saying that I would like them to get back with us and give us a side report on what they feel like the conditions are there, and any possible feasibility of cul-de-sacking that road in the meantime as part of the staff report for the second reading.
Okay?
And then, ma'am, you can do your thing in your neighborhood.
>>LINDA SAUL-SENA: Any more discussion on the motion?
All in favor?
Opposed?
Passed unanimously for first reading.
So this will come back in two weeks at 10:00.
Thank you.
And to all of you -- 9:30.
To all of you who had to wait till this afternoon to be heard, I really apologize, and hopefully council will be more timely in two weeks.
>>KEVIN WHITE: Should we process second readings to clear out staff?
I know we have several people here waiting.
>>LINDA SAUL-SENA: Well, we have all this to do.
Mr. White, could we do a brief show of in the audience?
How many people in the audience are here for second readings?
Just raise your hand.
Okay.
Then let's go to second readings.
Thank you, Mr. White.
Number 3.
>>KEVIN WHITE: Move to open all the second readings, 2, 3 through 24.
>>LINDA SAUL-SENA: There's been a motion and second to open all second readings 3 through 24.
Passed unanimously.
What we'll do is just begin.
Mr. White, begin with number 3, please.
Oh, right, we need to --.
>>MARY ALVAREZ: Move to open.
>>LINDA SAUL-SENA: We opened.
The question is, is there anyone in the audience to speak on number 3?
>> Move to close.
>> Second.
(Motion carried)
>>KEVIN WHITE: Move the following ordinance upon second reading, an ordinance vacating, closing, discontinuing, and abandoning a certain right-of-way all that portion of an alleyway lying east of the intersection of Jamaica Avenue and Pine Street, in map of Macfarlane Park, a subdivision located in the city of Tampa, Hillsborough County, Florida, the same being more fully described in section 2 hereof; providing an effective date.
>> There's been a motion and second for adoption.
>>THE CLERK: Do voice roll call.
>>JOHN DINGFELDER: Yes.
>>LINDA SAUL-SENA: Yes.
>>MARY ALVAREZ: Yes.
>>KEVIN WHITE: Yes.
>>THE CLERK: Motion carried with Miller, Ferlita and Harrison being absent.
>>LINDA SAUL-SENA: Number 4.
Is there anyone to speak on number 4?
>> Move to close.
>> Second.
(Motion carried)
>>MARY ALVAREZ: Move an ordinance vacating, closing, discontinuing, and abandoning a certain right-of-way all of that portion of 53rd street lying south of east Broadway Avenue between 52nd and 57th street -- oh, wait a minute.
I move to adopt the following ordinance upon second reading, in Dixie farms subdivision, a subdivision located in the City of Tampa, Hillsborough County, Florida, the same being more fully described in section 2 hereof, subject to the reservation of certain permanent and temporary easements as more particularly described herein, subject to certain covenants, conditions and restrictions as more particularly described herein, providing an effective date.
>>LINDA SAUL-SENA: Voice vote.
>>JOHN DINGFELDER: Yes.
>>LINDA SAUL-SENA: Yes.
>>MARY ALVAREZ: Yes.
>>KEVIN WHITE: Yes.
>>THE CLERK: Motion carried with Miller, Harrison and Ferlita being absent.
>>LINDA SAUL-SENA: Is there anyone in the audience to speak on number 5?
>>MARY ALVAREZ: Move to close.
>> Second.
(Motion carried)
>>JOHN DINGFELDER: Move to adopt the following ordinance upon second reading, an ordinance vacating, closing, discontinuing, and abandoning a certain right-of-way all that alleyway lying south of oak Avenue north of seventh Avenue east of Central Avenue and west of I-275 in oak ridge subdivision a subdivision located in the City of Tampa, Hillsborough County, Florida the same being more fully described in section 2 hereof providing an effective date.
>> Second.
>> Voice vote.
>>THE CLERK: Motion carried with Miller, Harrison and Ferlita being absent.
>>LINDA SAUL-SENA: Number 6.
Is there anyone in the audience to speak on number 6?
>> Move to close.
>> Second.
(Motion carried)
>>KEVIN WHITE: Move to adopt the following ordinance upon second reading, an ordinance vacating, closing, discontinuing, and abandoning a certain right-of-way all that portion of Ross Avenue, Park Avenue, Campbell street and Frances Avenue lying south of Amelia, north of Palm Avenue, east of Central Avenue and west of I-275 in Fleharty's subdivision a subdivision located in the City of Tampa, Hillsborough County the same being more fully described in section 2 hereof providing an effective date.
>> Voice vote.
>>THE CLERK: Motion carried with Miller, Harrison and Ferlita being absent.
>>LINDA SAUL-SENA: Is anyone here to speak on number 7?
>> Move to close.
>> Motion and second to close.
[Motion Carried Unanimously]
>>MARY ALVAREZ: I move to adopt the following ordinance upon second reading, an ordinance vacating, closing, continuing and abandoning a portion of a certain right-of-way, a portion of that certain alleyway lying south of Waters Avenue, north of Jones Avenue, east of Albany Avenue and west of Fremont Avenue, in west Wilma, a subdivision located in the City of Tampa, Hillsborough County Florida the same being more fully described in section 2 hereof providing an effective date.
>>LINDA SAUL-SENA: Voice vote.
>>JOHN DINGFELDER: Yes.
>>MARY ALVAREZ: Here.
>>LINDA SAUL-SENA: Yes.
>>KEVIN WHITE: Yes.
>>THE CLERK: Motion carried with Miller, Harrison and Ferlita being absent.
>>LINDA SAUL-SENA: Is there anyone to speak on number 8?
>> Move to close.
>> Second.
[Motion Carried Unanimously]
>>JOHN DINGFELDER: Move to adopt the following ordinance upon second reading, an ordinance approving an historic property tax exemption application relative to restoration, renovation or rehabilitation of certain property owned by the Florida Department of Transportation located at 1702 east 15th Avenue Tampa in Ybor historic district based upon certain findings providing for notice to the property appraiser of Hillsborough County providing for severability, providing for repeal of all ordinances in conflict, providing an effective date.
>>LINDA SAUL-SENA: Motion and second.
Voice vote.
>>JOHN DINGFELDER: Yes.
>>LINDA SAUL-SENA: Yes.
>>MARY ALVAREZ: Yes.
>>KEVIN WHITE: Yes.
>>THE CLERK: Motion carried with Miller, Harrison and Ferlita being absent.
>> Is there anyone to speak on number 9?
>> Move to close.
>> Second.
>>KEVIN WHITE: Adopt the following ordinance upon second reading, an ordinance approving preservation property tax exemption application relative to the restoration, renovation or rehabilitation of certain owned property by the Florida Department of Transportation located in 17074 east 15th Avenue Tampa, Florida in the Ybor historic district based upon certain findings providing for notice to the property appraiser of Hillsborough County providing for severability, providing for repeal of all ordinances in conflict, providing an effective date.
Voice vote.
>>THE CLERK: Motion carried with Miller, Harrison and Ferlita being absent.
>>LINDA SAUL-SENA: Number 10.
Is there anyone in the audience honor would like to speak on number 10?
>> Move to close.
>> Second.
(Motion carried)
>>MARY ALVAREZ: Move to adopt the following ordinance upon second reading, an ordinance amending ordinance 2005-112 to correct a scrivener error, said error having been an omission of the legal description describing the parcel of land to be known as hammocks community development district, said legal description having otherwise been properly noticed and of record throughout the proceedings for review and approval of the district, the same being more fully described in the attachment hereto, providing for severability, providing an effective date.
>>LINDA SAUL-SENA: There's been a motion and second.
Voice vote.
>>JOHN DINGFELDER: Yes.
>>LINDA SAUL-SENA: Yes.
>>MARY ALVAREZ: Yes.
>>KEVIN WHITE: Yes.
>>THE CLERK: Motion carried with Miller, Harrison and Ferlita being absent.
>> Number 11.
Is there anyone in the audience to speak on item number 11?
>> Move to close.
>> Second.
(Motion carried)
>>JOHN DINGFELDER: Move to adopt the following ordinance upon second reading.
An ordinance authorizing the installation and maintenance of an encroachment balcony over a portion of the public right-of-way known as North Franklin Street generally located at the Arlington hotel south of the intersection with fortune street as more particularly described herein, subject to certain terms, covenants, conditions and agreements as more particularly described herein, providing an effective date.
>> Second.
>>LINDA SAUL-SENA: Motion an second.
Voice vote.
>>THE CLERK: Motion carried with Miller, Harrison and Ferlita being absent.
>>LINDA SAUL-SENA: I want to say I have seen the plan for this and it's going to be really attractive when the original balcony is restored.
I'm excited.
Arlington Hotel.
Number 12.
Is there anyone in the audience here to speak on item number 12?
>> Move to close.
>> Second.
(Motion carried)
>>KEVIN WHITE: Move an ordinance on second reading, an ordinance authorizing an encroachment of an existing landscape feature lattice carport over a portion of the public right-of-way known as Clark Avenue generally located near the intersection of Obispo street and Clark Avenue in the City of Tampa, Hillsborough County, as more particularly described herein, subject to certain terms, covenants, conditions and agreements as more particularly described herein, providing an effective date.
>>LINDA SAUL-SENA: We're going to have a voice vote.
>>THE CLERK: Motion carried with Miller, Harrison and Ferlita being absent.
>> Number 13.
Is there anyone in the audience to speak on number 13?
>> Move to close.
>> Second.
>> Motion and second to close.
Passed unanimously.
Mrs. Alvarez.
>>MARY ALVAREZ: Move to adopt the following ordinance upon second reading, ordinance amending ordinance 2005-153 passed and ordained by the City Council of the City of Tampa on June 2, 2005 by substituting a corrected legal description for an incorrect legal description that was supplied in error providing an effective date.
>> Second.
>>LINDA SAUL-SENA: There's been a motion and second.
Voice vote.
>>JOHN DINGFELDER: No.
I just wanted to say no to see if everyone was paying attention.
Yes.
>>LINDA SAUL-SENA: Yes.
>>MARY ALVAREZ: Yes.
>>KEVIN WHITE: Yes.
>>THE CLERK: Motion carried with Miller, Harrison and Ferlita being absent.
>>LINDA SAUL-SENA: Is there anyone in the audience to speak on number 14?
>> Move to close.
>> Second.
(Motion carried)
>>JOHN DINGFELDER: Move to adopt the following ordinance upon second reading, an ordinance authorizing the installation and maintenance of an encroachment balconies and canopies by grand central at Kennedy LLC over a portion of the public right-of-way known as Madison street and Kennedy Boulevard State Road 60 east of Meridian Avenue and west of Channelside Drive as more particularly described herein subject to certain terms, covenants, conditions and agreements as more particularly described herein providing an effective date.
>> Voice vote.
>>THE CLERK: Motion carried with Miller, Harrison and Ferlita being absent.
>> Number 15.
Is there anyone in the audience to speak on item 15?
>>JOHN DINGFELDER: I think this is a new record.
>>LINDA SAUL-SENA: Post vacation deluge.
Is there a motion and second to close?
All in favor.
Passed unanimously.
Mr. White.
>>KEVIN WHITE: Move the following ordinance upon second reading, move an ordinance authorizing the installation and maintenance of an encroachment, a decorative porch overhang, over a portion of the public right of way known as North Cypress Street, generally located East of the North Cypress Street and North Gomez Avenue intersection, in the City of Tampa, as more particularly described herein subject to certain terms, covenants, conditions, and agreements as more particularly described herein, providing an effective date.
>>LINDA SAUL-SENA: There's been a motion and second.
Voice vote.
>>THE CLERK: Motion carried with Miller, Harrison and Ferlita being absent.
>>LINDA SAUL-SENA: Number 16.
Is there anyone in the audience to speak on number 16?
>> Move to close.
>> Second.
(Motion carried)
>>MARY ALVAREZ: Move an ordinance to adopt the following ordinance upon second reading, an ordinance approving a special use permit S-2 approving a bank with a drive-in window in an CG commercial general zoning district in the general vicinity of 614 south Dale Mabry Highway and 3719 Swann Avenue in the city of Tampa, Florida and as more particularly described in section 1 hereof providing an effective date.
>>LINDA SAUL-SENA: There's been a motion and second.
Voice vote.
>>THE CLERK: Motion carried with Miller, Harrison and Ferlita being absent.
>> Number 17.
Is there anyone in the audience to speak on 17?
>> Move to close.
>> Second.
(Motion carried)
>>JOHN DINGFELDER: Mr. White, I think that raise the four of us should get it, because we did this.
>>KEVIN WHITE: I don't want to stay long enough to get it.
>>JOHN DINGFELDER: We'll amendment that resolution.
Item 17.
Move to adopt the following ordinance upon second reading.
An ordinance rezoning property in the general vicinity of 610 west north bay street in the city of Tampa, Florida and more particularly described in section 1 from zoning district classifications PD school office to PD single family attached providing an effective date.
>> There's been a motion and second.
Voice vote.
>>THE CLERK: Motion carried with Miller, Harrison and Ferlita being absent.
>>LINDA SAUL-SENA: Number 18.
Is there anyone here who would like to speak on number 18?
>> Move to close.
>> Second.
(Motion carried)
>>KEVIN WHITE: Move an ordinance -- move to adopt an ordinance upon second reading, move an ordinance rezoning property in the general vicinity of 212 south Audubon Avenue in the City of Tampa and more particularly described in section 1 from zoning district classifications RM-16 residential multifamily to PD single family attached, providing an effective date.
>>LINDA SAUL-SENA: Voice vote.
>>THE CLERK: Motion carried with Miller, Harrison and Ferlita being absent.
>>LINDA SAUL-SENA: Number 19.
By the way, you can be free to go.
>>JOHN DINGFELDER: Just being polite.
>>LINDA SAUL-SENA: Anyone to speak on number 19?
Please come up, give us your name and address, share your feelings.
>>> Good afternoon.
My name is Steven Beecham, I'm a property owner in the adjacent area to this rezoning at 5242, 5246 north St. Vincent.
I'm an urban planner, an AICP, and a resident of Tampa, and this is the first time I have spoken at a community meeting because I feel strongly about this rezoning.
And I really think it should not happen for a number of reasons.
One is just the level of public involvement that has taken place.
You have the Plaza Terrace neighborhood association that is the association that was noted and consulted with this, for this rezoning, but they do not cover the area that is immediately adjacent to the rezoning, and in fact there's sort of a geographical separation.
Apartment complexes are separating this area and the Plaza Terrace association.
I've talked with a number of the residents in this area.
I submitted a petition that you should have in your packet.
About 50 people have signed it from a number of different residences.
They are concerned about, for one, that this is not a neighborhood-serving use.
This will not serve them at all.
And this area has always been a movie theater and they are concerned about that.
They are also concerned about drive-through, the traffic going through the neighborhood, when Hillsborough Avenue is clogged up.
So we think that a lot of the traffic will be going through that neighborhood.
I know that the applicant has said they are not going to be doing drive-throughs in that area.
But they are really not going to have a choice at certain times of the day.
The residents have been talking about -- and there were some that were here earlier today that had to leave.
One is they are not really that concerned about crime in that vacant lot at this time.
I know it's been vacant for a long time.
I think there could be a lot of other uses that could be put on that lot, especially taking into consideration some restaurants that could benefit from all the traffic going on Hillsborough, and a mixed use development that could be located there.
To put a non-serving use in this neighborhood, and as it's currently zoned, I think is from my perspective as urban planner and a lot of the residents, we are not happy about it.
I think for one, the applicant should actually address some of these issues with the residents of this area.
We are not an organized neighborhood association.
So I'd like for them at least to do that, and I'd like you to think about what is going on in that neighborhood, and ways to support that neighborhood.
It's actually a walkable community.
I see people -- I have lived there.
I don't live there currently.
But up to a year ago I lived in that neighborhood.
And I see a lot of people walking there, because they don't have a choice.
And so to create a situation where you are taking away some of the neighborhood serving uses in that area, it limits their opportunities to conduct business and to get around.
(Bell sounds)
>>KEVIN WHITE: I have some comments.
But some of the things you said.
First of all, one of the things -- well, the thing they are looking to put there is a car dealership.
>>> Right.
>> You are saying a lot of people walk because they don't have any choice.
Maybe this will give them a choice.
>>> Right.
I'm sorry.
>> Secondly, you said something else could come in.
This building has been vacant for years and years and years.
And I think they get a lot of what-ifs, what-ifs.
These are expected business people in the community have shown great interest in redeveloping a giant eyesore at this point in time at that particular location.
I used to go to that place when it was Hillsborough 8 theaters, so I don't see how this is going to impact the neighborhood's business, and to have 7, 800 cars, however many cars are going to be parked there.
You won't have the traffic flow in and out that you would have had when at movie times disbursing as well as letting in when you have 3 or 400 cars coming in at one particular time to see a movie, or letting out of the movie.
I just don't see the nominal impact that this would have on this particular neighborhood.
Second of all, they met all the notice requirements, and I believe the apartment complex which is 5, 600 residents directly behind that, I don't know where the demographics of the line that you're saying, the other neighborhood, which is not organized, where the boundaries are separated.
But we had not one resident that was notified, hundreds in the apartment complex that came through, and I personally know several members that live in that particular complex.
And I talked with them about it as well as some other people that they spoke to, and we have not one resident come and complain.
Now, when you're saying not being a neighborhood-serviced area, I don't know if any of the other council members know this area very well, but I think this dealership could be well welcomed and well served more so -- and I don't mean to call out anybody's business, but the wild gentleman's club, you know.
I think this would be much more well served in that neighborhood, in that location, than that.
And you talk about crime.
This will only help clean up the criminal element, vagrancy, trespassing, things of that nature that are going on in that property now, and the blighted condition of the neighborhood.
If we don't allow this particular petitioner to go in there and clean up this area and invest millions of dollars in your neighborhood, it's going to help bring up your property values that you own in the neighborhood, but don't live there any longer.
You know, that's not going to do anything but help the area.
And I don't see any reason to not move forward with this petition.
But that's how I feel.
>>MARY ALVAREZ: I don't want to reiterate everything that Mr. White has said.
But I, too, know this area really well.
And it's not up to us to find a commercial buyer for this piece of property.
These people that want to put a car lot in there are doing their utmost to keep this property in good shape, and they will.
I know the people that bought it.
And they followed all the rules.
And that's what we have to go by.
And they did go into the neighborhood.
And maybe you weren't there.
But all they have to do is go 250 feet.
Is that right?
250 feet?
And they were noticed.
They were properly noticed, duly noticed, they had their signs out and everything.
And it seems to me like you're a little bit too late.
Here you are, ordinance for second reading, and here you come.
>>> I apologize for that.
I was actually -- I talked with the applicant representative told me the meeting would be in July.
My fault, I didn't check the schedule.
But I missed it.
And I don't think he intentionally misinformed me.
But I missed it.
They didn't come to a neighborhood association -- I mean they came to a neighborhood association.
>> You didn't have a neighborhood association.
>>> They didn't come to address our neighborhood.
They talked to the adjacent neighborhood.
>> That's right.
And that was the neighborhood that they needed to address, was the nearest neighborhood association.
That was what they needed to do.
And they did it.
And Plaza Terrace happened to be the one.
Like you said, you were not organized.
They had nowhere to go other than the people that they actually noticed.
That's what they were required to do.
So like I said, I don't want to reiterate everything that Mr. White said but he's got some really strong points.
And I think it's time we voted for. This it was unanimous.
So I don't see that we are going to change anything at this point.
As far as I'm concerned anyway.
>>LINDA SAUL-SENA: Well, we'll see.
Mr. Dingfelder.
>>JOHN DINGFELDER: That's what I was going to say.
It's not over till it's over.
There's a reason we have second reading and that's to make sure all the public has plenty of opportunity to come and give us their comments.
Where is the petitioner on this?
Okay.
I just wanted to make sure you guys were here.
I'm not going to support this today.
I'm going to ask that we put this off for one week, just so you guys can have an opportunity to meet with them, to look at the petition.
We added some conditions, we clarified some things at the first reading that you might not have been familiar with today.
I don't want to get into it.
And unless they can tell me that they have a closing between this week and next week or something like that, which I don't see any indication of head shaking on that, that I'm going to go ahead and give you an extra week and move for a one-week continuance.
>>LINDA SAUL-SENA: There's been a motion for a one-week continuance.
>>MORRIS MASSEY: I believe there's several members of the public that would like to be address council.
It would be appropriate to hear from all members.
>> Blair Kurland, here on behalf of the applicant.
And I would just like to reiterate, as Ms. Alvarez says, that we complied with all the notice requirements that the code requires of us.
We have also gone through two processes.
We went through the plan amendment process, which some of these people were dual noticed.
We went through the rezoning process.
And we even exceeded the notice requirements by meeting with the Plaza Terrace homeowners association which is the only effected homeowners association in the area.
Just to touch on a few more things, I won't reiterate what Mr. White and Ms. Alvarez said.
But the request to have a neighborhood serving use, this use is on Hillsborough Avenue, which is a five-lane major arterial roadway that span it is county.
It serves not only this neighborhood but it serves the entire city.
It serve it is entire county.
And we believe that an automobile dealership is an appropriate use for this site.
And the Planning Commission has found that it's consistent with this plan, appropriate use for the site, and planning experts have found it's an appropriate use for this site.
>>JOHN DINGFELDER: If I corks since we are in the afternoon, I don't know that I necessarily agree with him on that.
Frankly, I know that's a busy area, and probably an appropriate place for an auto dealership.
But the point is there might be some mitigation that he, being that he is a planner, that he might be able to suggest that could make this an even better project.
That's why I am going to strongly suggest that we go for an extra week.
>>> If I could just add one more thing.
I would like to say that Mr. Beachy did attend the meeting and he asked that we do two conditions to our site plan, and he said that at the meeting, and he called our planner and asked that we put those two conditions on, and that's one of the reasons why we did continue it.
So we did what he asked.
He asked that there be enhanced landscaping on Lincoln Avenue, which we did.
And we enhanced the entire perimeter of that area that adjusted to residential properties.
And then he asked that we prohibit test drives on Lincoln Avenue.
And the neighborhood serving area, which we put a note on the site plan, and the applicants are going to implement a policy that says that.
So we have done what Mr. Beachy asked us to do.
>>KEVIN WHITE: You are saying the gentleman that just came up and spoke?
So he has been duly noticed as well?
And petitioner has taken him into consideration, all of his concerns, and addressed them, and put them on their plan?
>>> Yes.
Mr. Beachy attended the neighborhood meeting which was held before the originally scheduled public hearing on June 9th.
And that is when he requested these changes be made.
We requested a continuance to enhance the landscaping for this purpose.
>> What can change between now and this week, if there's nothing else -- no.
Well, I don't have anything.
>>LINDA SAUL-SENA: Anything else for petitioner?
>>> I would just like to add that as Mr. White said, this property has been vacant since 1999.
It sat on the market for five years.
It attracted gangs.
It attracted vagrants.
There's no crime now.
Going to lead to crime eventually. The applicant are going to come in, clean up the site, they are redeveloping the site, they are enhancing the landscaping, they are reducing the transportation impact, they are cleaning up the drainage system, and we believe that our proposal with the conditions that we have imposed set the highest standard for automobile dealerships in the City of Tampa.
And we request that you approve it.
>>JOHN DINGFELDER: And any prejudice to delay this one week?
>>> We feel that we complied with everything that we had to comply with.
>>LINDA SAUL-SENA: That's the answer.
>>JOHN DINGFELDER: If you have specific prejudice, if you have a closing between now and next week, I want to know about it because I don't want to put knew that position.
>>> Let me confer with my client.
>>KEVIN WHITE: Madam Chair, if I may.
I would love to see where Mr. Dingfelder is coming from.
I'm not here to try to sway anybody which way or the other.
But if the only person that's coming up with concerns, all of the concerns have been addressed, and that's what we tried to do, we try and bridge neighborhoods and other people together to meet with petitioners and developers.
And looks like the petitioners have gone over and above.
>>JOHN DINGFELDER: Mr. Beachy indicated there had been some other people here this morning, that I don't know if they were there in the other process, but they couldn't stay for the afternoon.
>>KEVIN WHITE: Even if they were, they weren't in the first proper notification process so these would be people outside of the notification area.
>>JOHN DINGFELDER: I don't know that. Anyway, yes, sir.
>> Gatel, 1023 Lake Charles circle in Lutz.
I'm the petitioner.
I own it with my father and you guys have seen it.
You ladies and gentlemen have seen us before.
It's like Ms. Kurland said, we tried to do every single thing with notice along the way for this.
And we had our second meeting with the Plaza Terrace homeowners association awhile back to just inform them what was going on and give them another update on how we were doing with the plan amendment process and so forth and so on to follow up with them.
And we found out at that time that Mr. Beachy was going to be at that meeting.
His concern was as it is today, and that is that he wants more of a neighborhood use.
Well, we have already closed on the property.
So there isn't an impending closing that's going to be effected.
But, you know, the use of the property at this time, I mean, we have gone through these channels and had certain approvals up to this time.
So again, you know, determining the use of the property could have been determined, you know, a year and a half ago or year ago when it was still for sale.
Unfortunately, you know, we acted upon it, and unfortunately for his purposes.
But, you know, it's a difficult situation.
I know Mr. Beachy, I think, is also a realtor, and asked us if we closed on the property, and if we would consider selling it down the road.
So, you know, I draw my own conclusions from that.
And I hope that my conclusions that I draw are not true.
I won't go public with my conclusions.
But it's a shame if that's the case.
I know he went door to door and solicited approval from the neighbors on Lincoln.
I don't know what was asked at that door to door conversation.
It could have been, in my opinion, you know, if someone came to me and said, hey, would you rather have this car dealership here or would you rather have a use that would serve the neighborhood such as a coffee house or whatever?
Certainly I'm going to sign the petition.
So it's frustrating for us, because we felt like we've done everything to the inth degree and then some to try to get this property redeveloped.
And again, as Ms. Kurland said it's going to be the highest bar for any car dealership in the area, maybe just Tampa Bay.
I'm going to be out of the country next week so I won't be able to speak.
But obviously that's your prerogative.
So, you know, I would urge you to reconsider maybe.
A week won't change anything as far as what our policy is, on test drives, on everything.
I don't think we can -- on low pointed lots, no P.A. system, reiterate again and again.
The people knew that, or were exposed to that, then we wouldn't have had to do that.
Speak with them.
But those are all the things we are going to do.
If it's written down somewhere, maybe we could get that to them.
But that's all I have.
And I urge you to give us your support on it.
>>LINDA SAUL-SENA: No more.
No, sir.
>>JOHN DINGFELDER: I'm going to ask Mr. Beachy a question.
>>LINDA SAUL-SENA: Mr. Dingfelder.
>>JOHN DINGFELDER: I guess it was news to me that you had participated.
I thought this was your first participation.
Your first participation in front of us.
>>> Right.
>>JOHN DINGFELDER: Clearly, you're opposed to this use as a whole.
And we have heard that.
(Bell sounds)
Does that mean my time is up?
But, so my question is obvious.
Is there some sort of mitigation, additional mitigation that you would be looking to ask them to do?
Do you see any benefit to a week continuance?
Obviously my cohorts don't.
>>> Well, I do see a great deal of benefit to a week.
I mean, the people that live in this neighborhood that are really going to be effected and the Plaza Terrace again, I understand that's the requirement, that's what they are required to do.
But they really don't have -- they are not going to be impacted at all by this situation.
I would like to bring the other people that actually, you know, that live here in this neighborhood.
I'm sure that, you know, they could speak very strongly about their not want ago car dealership in this area because I've talked to them already.
Regarding the mitigation, you know, if there are other ideas that I would propose to mitigate the impacts, yes.
I mean, I would like to not see it.
But there are other ideas.
>>JOHN DINGFELDER: From my perspective, I don't know that you are going to get my support to not have a car dealership.
I think they made a very compelling argument to have a car dealership.
I used to go to movies there too, Kevin.
It's been a long time since it's been closed.
It needs to be used.
Nobody else stepped up to the plate to use it.
But I don't want to ignore the neighborhood.
And if the T neighborhood has additional ideas to mitigate, for some additional mitigation, then I think you deserve a week to be able to talk to them about it.
Don't think you need a week to talk to them and say you don't want the car dealership.
That's not where I'm coming from.
>>> Okay.
I would like to go back and talk to the neighbors.
I would like them to come and talk to the neighbors and get an idea of, you know, how they can see that they can mitigate some of the issues.
If there's one other thing, that since Mr. Gauto raised that issue, one of the initial reasons they wanted to locate in this area is because there was a major sports facility that was going to purchase their property, and it's no longer doing it.
It's now going to locate at HCC.
I think -- that's what I heard.
I asked them that question.
Because I don't see their reason for continuing on with this other than the fact that they have already purchased the property.
They are not even going to -- they are not going to commit to locating their facility at this property.
So, you know.
>>JOHN DINGFELDER: Right now, we take it as it comes.
Right now they are on a rezoning.
They have given compelling arguments.
I'm in an unusual situation but I am going to ask to give them a week to be able to meet and chat.
And I know a lot of people won't be happy with that but I don't think it's a big deal.
They haven't said they have a compelling reason why a week would change anything.
My motion is to give them a week or two.
>>LINDA SAUL-SENA: Is there a second to John's motion?
>>JOHN DINGFELDER: Pass the gavel.
>>LINDA SAUL-SENA: I second it.
I don't think this is going to go anywhere anyway.
So we continue it till 10:00 next week.
9:30.
>>KEVIN WHITE: I would just lake to ask, what other type of mitigation would you suggest?
You're saying not a proper use.
You look at Hillsborough and Lois down the street.
They just turned a restaurant into a car dealership on Hillsborough Avenue.
I just don't know what else you could even possibly want.
The petitioner has gone over and above.
>>> The first idea would be the access onto -- straight onto Giddens, onto Lincoln.
If they are not going to be driving cars through that area, why do they need an access onto there?
>> They need an access based offer off the petitioner last time said it's hard for a car carrier to swing out three lanes to come in so that entrance would -- would be just for the car carrier to come unload and they have committed to having the car carriers unload solely on their property and not on the street.
Maybe if you can come up with at least two or three things you are mitigating maybe we can resolve this today because like you said you weren't here in the process.
Maybe we have already addressed them.
I'd like, if there's something else, I'd like to go ahead and throw this out on the table, clear up --
>>> there are 50 people who signed a petition that say they don't want it.
And, you know, I don't know all of what they are going to say.
I can't speak for all those people.
>> Speak for yourself.
The ones that you want.
>>> I mean, I did -- I went through a great deal of effort to try to bring the public -- the public opposition of this to you to show you that not everyone is in agreement with the Plaza Terrace association.
Because they are not represented by the Plaza Terrace neighborhood association.
So --
>> That was one of our points, that the petitioner noticed everyone that they are dual noticed, and there are other neighborhood associations that aren't.
>>> I understand.
Legal notification and effective public involvement I think are two different things and that's what we are dealing with here.
>>JOHN DINGFELDER: Mr. White was asking if there was other specific mitigation that you can come up with today, or, in my opinion, would you rather work on it for a week?
>>> I would rather work on it for a week.
>> And bring it back for the purposes of changing it from a car dealership.
It's just possible additional mitigation that we didn't think of.
>>KEVIN WHITE: He said 50 people don't want a car dealership so that's all it is.
It's a fishing expedition.
>>LINDA SAUL-SENA: Excuse me, you're not the petitioner so you can't talk anymore.
So it's conversation with council.
>>KEVIN WHITE: That's what I'm saying.
It's a fishing expedition to go back and try to find the other mitigation.
Mr. Mitsubishi or whatever his name is has basically said it's just 50 people that don't want a car dealership.
And that's --.
>>MARY ALVAREZ: And it could be 50 people that are not within the 250 radius that they are supposed to notice.
Which they did.
They noticed everybody there.
It seems to me like it is a fishing expedition.
They have complied with everything that we have asked them to.
And it seems to me like it's a burden to put on the petitioner that's been here --.
>>JOHN DINGFELDER: Only at second reading.
Only at second reading.
We have second reading.
Because the state requires a second reading.
But assumedly because it gives those folks who didn't get a chance to get here the first time to come down here the second time and tell us how they think.
That's why it exists.
I'm just saying that esoterically, sort of generically.
>>KEVIN WHITE: And he was.
He missed the process.
But he was involved in the neighborhood process two times with the petitioner.
And now he served this process.
>>LINDA SAUL-SENA: It's certainly a lively conversation.
There's a motion and second to continue it for one week.
Any more discussion on the motion?
All those in favor say Aye.
All those opposed, Nay.
>>MORRIS MASSEY: It's a tie vote.
Eights procedural type of issue so it fails.
>>LINDA SAUL-SENA: So is there another motion?
>>KEVIN WHITE: I move that we approve and read the ordinance.
Move to close the public hearing.
>> Second.
>>LINDA SAUL-SENA: Motion and second to close the public hearing.
(Motion carried)
The public hearing is now closed.
>>KEVIN WHITE: Move the ordinance.
>>MARY ALVAREZ: Move to adopt the following ordinance on second reading.
It's a moot point because I know John is not going to vote for it.
But I'm going to read it anyway.
An ordinance rezoning property in the general vicinity of 3306 west Hillsborough Avenue in the city of Tampa, Florida and more particularly described in section 1 from zoning district classifications CG commercial general to PD commercial general uses and vehicles sales and major repair providing an effective date.
>>LINDA SAUL-SENA: There's a motion and second.
>>JOHN DINGFELDER: I just want to tell the petitioner who happens to be friends with my father that you guys know it's nothing personal.
This is a philosophical thing with me regarding the -- how the public can be involved.
And I'm not saying that you guys haven't done everything that's required.
Probably more so.
It's nothing personal.
But I'll just let it go till next week.
It will pass next week.
But I'm going to vote know.
>>KEVIN WHITE: You mean used to be friends with his father?
>>LINDA SAUL-SENA: Voice vote.
No, for the same reasons that John said.
>>MARY ALVAREZ: Yes.
>>KEVIN WHITE: Yes.
>>MORRIS MASSEY: Continue this over till next week.
The public hearing has been closed.
So if you all want to hear more testimony you will have to reopen the public hearing next week.
>>LINDA SAUL-SENA: We'll look at that next week.
>>JOHN DINGFELDER: In the meantime see if there's anything else, Mr. Beachy.
>>LINDA SAUL-SENA: Number 20.
Is there anyone from the public that would like to speak on item 20?
>> Move to close.
>> Second.
(Motion carried)
>>JOHN DINGFELDER: Number 20.
Move to adopt the following ordinance upon second reading.
Move an ordinance re zoning property in the general vicinity of 6515 south Bayshore Boulevard in the city of Tampa, Florida and more particularly described in section 1 from zoning district classifications RM-12 residential multifamily to PD residential single family attached town homes, providing an effective date.
>>THE CLERK: Motion carried with Miller, Harrison and Ferlita being absent.
>>LINDA SAUL-SENA: Number 21.
Is there anyone who would like to speak on item 21?
>> Move to close.
>> Second.
(Motion carried)
>>KEVIN WHITE: Move to adopt an ordinance, move an ordinance rezoning property in the general vicinity of 1101 west Cleveland street in the city of Tampa, Florida and more particularly described in section 1 from zoning district classifications RM-24 residential multifamily to PD office, business and professional, providing an effective date.
>> Voice vote.
>>THE CLERK: Motion carried with Miller, Harrison and Ferlita being absent.
>>LINDA SAUL-SENA: Number 22.
Is there anyone in the audience who would care to speak to this?
>>MARY ALVAREZ: Move to close.
>> Second.
(Motion carried)
>>MARY ALVAREZ: I move to adopt the following ordinance on second reading, an ordinance rezoning property in the general vicinity of 4409 West Gray Street in the city of Tampa, Florida and more particularly described in section 1 from zoning district classifications RS-50 residential single family to PD, 3 units single family attached detached and 2 units semi detached, providing an effective date.
>> There's been a motion and second.
Voice vote.
>>THE CLERK: Motion carried with Miller, Harrison and Ferlita being absent.
>>LINDA SAUL-SENA: Number 23.
Is there anyone in the audience who would like to speak on number 23?
>> Move to close.
>> Second.
(Motion carried)
>>JOHN DINGFELDER: Move to adopt the following ordinance upon second reading, an ordinance rezoning property in the general vicinity of 2730 west Wilder Avenue in the city of Tampa, Florida and more particularly described in section 1 from zoning district classifications RS-50 residential single family to PD, adult congregate living facility, providing an effective date.
>> There's been a motion and second.
Voice vote.
>>THE CLERK: Motion carried with Miller, Harrison and Ferlita being absent.
>>LINDA SAUL-SENA: Item 24.
Is there anyone in the audience who would like to speak on item 24?
>>MARY ALVAREZ: Move to close.
>> Second.
>>LINDA SAUL-SENA: There's been a motion and second to close.
(Motion carried)
Mr. White, if would you read item 24.
>>KEVIN WHITE: Move to adopt the following ordinance upon second reading.
Move an ordinance rezoning property in the general vicinity of 404 West Kennedy Boulevard in the city of Tampa, Florida and more particularly described in section 1 from zoning district classifications PD student housing dormitory to PD student housing dormitory, providing an effective date.
>>LINDA SAUL-SENA: Motion and second.
Voice vote.
>>THE CLERK: Motion carried with Miller, Harrison and Ferlita being absent.
>>LINDA SAUL-SENA: Now we go back to --.
>>MORRIS MASSEY: Let me suggest before you go back to public hearings, on first reading, you may want to request a continuance on item 2 which is here for second reading.
>> I don't think we heard that yet.
>>MORRIS MASSEY: They are requesting --
>> Move for continuance.
>> While we work through some various issues.
>> Do you have a date?
>>MORRIS MASSEY: I think Mr. Mechanik is requesting a continuance for one week.
>> So moved.
>> Second.
>> Ann Pollack.
>>LINDA SAUL-SENA: There's been a motion and second.
A second to continue this for one week.
Item number 2.
All those in favor say Aye.
Passed unanimously.
Thank you, Mr. Massey.
Council members, would you like to take a quick break or want to press on?
>>MARY ALVAREZ: Yes.
>>LINDA SAUL-SENA: We are going to take a quick break.
We'll be back in five minutes.
(City Council break at 2:50 p.m.)
-=-
(City Council resumed at 3:00 p.m.)
>>LINDA SAUL-SENA: City Council is called back to order.
He's here.
Roll call.
>>JOHN DINGFELDER: Here.
>>LINDA SAUL-SENA: Here.
>>KEVIN WHITE: Here.
>>MARY ALVAREZ: Here.
>>LINDA SAUL-SENA: We are on item number 37.
Do we need to open the public hearing?
>>KEVIN WHITE: Move to open.
>> There's a motion and second to open the public hearing.
All those in favor say Aye.
The public hearing is now open.
Staff.
>>ERIC COTTON: Land Development Coordination.
Petitioner's representative is John Grandoff, would like to address the council to ask for a continuance.
>>LINDA SAUL-SENA: Item number 10.
That kind of woke us all up.
>>JOHN GRANDOFF: 10 or 37?
>>LINDA SAUL-SENA: 37.
I'm sorry.
It said 10:00.
>>JOHN GRANDOFF: On behalf of Willmack foods.
We need to complete the filing with either a long-term lease or affidavits from the owners.
They are not quite correct.
I would like to have a continuance until September 1 to get that all completed.
>> So moved.
>> Second.
(Motion carried)
>>LINDA SAUL-SENA: And I'm sorry it's taken so long.
Number 38.
We have a motion to open.
>>MARY ALVAREZ: Move to open.
>>KEVIN WHITE: Second.
(Motion carried)
>> 38 is now open.
>>ERIC COTTON: This is WZ 05-99.
Petitioner is Westshore associates limited partnership.
Property located at 2223 Westshore Boulevard, unit B-224-225.
Petitioner is asking for a 2(COP-R), International Plaza development.
There are a number of other properties wet zoned within a thousand feet.
Bistro galley, chess cake factory, champs restaurant and bar, capital, TGI Fridays, pizza, Italiano, Nordstrom's Cafe Bistro, and Tampa International Mall.
All either 4(COP)s or 4(COP-R)s and one or two of them have a 4(COP-R) for beer and wine.
We are asking for waiver for separation of distance requirements.
And there are no other residential within a thousand feet.
And no other institutional uses within a thousand feet.
Thank you.
>> Gene Haynes with Tampa Police Department.
We have no objection.
>> Ann Pollack with Mechanick Nuccio, 101 East Kennedy, just wanted to emphasize that this is a new Japanese restaurant at International Plaza.
>>LINDA SAUL-SENA: Is there anyone from the public to speak on this?
Is there a motion to close?
>>MARY ALVAREZ: So moved.
>> Second.
[Motion carried]
>>MARY ALVAREZ: An ordinance making lawful the sale of beverage containing alcohol of more than 1% beer and wine 2(COP-R) for couples 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 B-224-225, 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.
>>LINDA SAUL-SENA: There's been a motion and second.
Roll call.
>>THE CLERK: This is first reading.
>>LINDA SAUL-SENA: I'm sorry.
All in favor say Aye.
Opposed, Nay.
Passed unanimously.
Number 39.
>>.
>> Move to open 39.
>> Second.
(Motion carried)
>>ERIC COTTON: Land Development Coordination.
This is WZ 05-100.
Petitioner is Tara's Roti Shop Incorporated, 10006 North 30th Street, from an existing restaurant in a CG zoning district, no other properties within a thousand feet, bar and grill liquor store, has a 4(COP) directly next door, beer and wine grocers in the same plaza, 10002, there is residential zoning, and on the survey they have listed a daycare center that was within a thousand feet.
Petitioner -- on the survey petition that appeared to be closed.
I called the number.
There was no answer.
So that institutional use is closed.
>>LINDA SAUL-SENA: Thank you.
Our new helper from the police department.
Why don't you just sit in the front row?
>>> Gene Haynes, police department.
We have no objection.
>>SHAWN HARRISON: Thank you.
Petitioner.
>>> Just want to say, it's Tara's Roti Shop, not Rotee shop.
It's Indian bread.
>>LINDA SAUL-SENA: It's a delicious bread.
Is there anyone from the public that would like to speak to this?
>> Motion to close.
>> Second.
(Motion carried)
>>JOHN DINGFELDER: First reading, move an ordinance making lawful the sale of beverages containing alcohol of more than 1% by weight and not more than 14% by weight and wines 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 10006 north 30th street, 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.
>>LINDA SAUL-SENA: Is there a second?
>>MARY ALVAREZ: I did.
(Motion carried)
Passed unanimously.
>>JOHN DINGFELDER: I had a question of Mr. Cotton.
You said there was an establishment nearby that had been previously wet zoned?
You're good, sir.
Previously wet zoned and is now closed.
Is that what you said?
>>ERIC COTTON: No, no.
The institutional use was nearby.
>>LINDA SAUL-SENA: Thank you.
Number 40.
>>MARY ALVAREZ: Move to open.
>> Second.
(Motion carried)
>> Public hearing is now open.
>>ERIC COTTON: Land Development Coordination.
This is for petition WZ 05-101.
Petitioner is estate wine group doing business for property located at 1108 south Dale Mabry Highway, petitioner requesting a 2(APS) for property currently zoned CG.
The other wet zoned property -- Fuji bar restaurant south Dale Mabry,
A 2(APS), as does the U Save Grocery Store, Tinos, a restaurant, has a 2(COP-R), deli has a 2(COP), CVS, Sea Side Lounge, 4(COP), and restaurant in the same plaza is a 4(COP-R).
>>JOHN DINGFELDER: I think in the Hancock little plaza there, across the street from Publix.
But I'm trying to figure out, are they doing a footprint within the plaza?
Or are they selling it out of Hancock fireworks?
>>> No.
1900 square foot.
>> Where is it on there?
>>> This is Hancock fabrics.
This it's in between stores.
>>MARY ALVAREZ: Mr. Cotton, what do you mean by the staff does question the incidental claim based on the petitioner's web site?
>>> I'll let the petitioner address it in more detail.
When this first came in, the best we could tell it was a wine store.
He can talk about -- he's the petitioner representative.
They can address the issues regarding what else they sell there, from staff's perspective, in their web site it looked like they were a wine store.
Sell wine with olive oils.
>>LINDA SAUL-SENA: APS would allow package sales.
>>> Right.
But to get the separation requirements from the residential of another property within a thousand feet they need to be incidental.
Incidental use of the property.
>> Ask for a waiver?
>>> They can't get the waiver for the APS without it being incidental.
>>LINDA SAUL-SENA: Gotcha.
Thanks.
>>> They are within -- the RS-75 zoned property.
Christ the king church, Grady elementary school and the branch of the U.S. post office all within a thousand feet.
>>LINDA SAUL-SENA: Thank you.
>>JOHN DINGFELDER: What is the definition of incidental?
Shouldn't have asked.
>>CATHLEEN O'DOWD: Legal department.
Chapter 3 doesn't define incidental.
But what we would like to in a situation like this when it not a restaurant and you can't go on percentage of sales, we would look to petitioner to establish that, the sale of wine is not going to be the primary use for that establishment.
So they can explain what else is going to be available there.
And to show that it will be incidental.
Otherwise, council is not in a position to waive the distance separation requirements.
Thank you.
>>JOHN DINGFELDER: How about miner's market?
There was a deli, and interest incidentally they sold some other stuff.
>>> Gene Haynes, police department.
We have no objections to the wet zoning.
>>LINDA SAUL-SENA: Petitioner.
Incidental.
>> I would say good morning.
But I will say good afternoon, if that's okay.
I will show you, this is the -- Ty Maxie, Inglehart Hammer, Tampa, Florida 33609.
This is the fabric location.
There are two bays here.
This is the Grillsmith location.
We actually had a wet zoning last year for the grill Smith restaurant, which will be opening shortly.
And this identified with the location, Cork and Olive is a high end retail specialty store that sales gifts, wine, associated products, fine glass ware, stemware, and all oils from around the world.
They also conduct home tasting events and provide catering services.
And their retail stores are actually locations where people are a tracked to signing up for these home tasting events.
In the near future the retail stores will be providing a travel service which will organize, set up and conduct wine-related tours and trips to Napa Valley, Somoa, places around the world. It's because of these additional services and sales of wine and associated gifts and products that the actual wine sales become incidental.
We are pretty excite about being in the South Tampa area.
It's been quite awhile.
Looking for a location that we could possibly obtain waivers and your approval.
The hours of service, hours of operation are Monday through Saturday, 10 a.m. to 8 p.m. only, and on Sunday from 11 a.m. to 6 p.m.
To my knowledge, I have received no calls of objection, or questions.
I actually have received eleven letters of support from adjacent property owners, which I will enter into the record.
And with me is Mr. Michael proposes, the co-founder and president of Cork and Olive.
I would like -- him to tell you of his current business and future plans.
I would like to add these to the record, if I could.
>>LINDA SAUL-SENA: Please come up and speak.
You don't have to elaborate at length.
You can elaborate succinctly.
>>> Good afternoon.
And I do appreciate to have the opportunity to make our concept, our business concept a little more transparent.
Especially after I have read the information which we got back from staff.
I had some difficulties with the incidental subject which we had discussed before.
And we are certainly selling wine, but the wine sales in our shop is for sure not our major product.
It would be approaching the market totally different.
We believe that wine is something people should tie in, and we have wine tasting all day long that people can choose what wine they would buy or will take home, and what we also do, we give people the opportunity to book wine events at their home, and also sell wine events to corporations, like banks, or like pharmaceutical companies, to have events in our shopping environment.
They have a very upscale shopping environment.
The wine sales, of course, the place is strongly into that.
But in most sales are not necessarily taking place in our shop.
They are taking place quite frequently at people's homes to each of our shops, where we have like eight, nine independent wine diets going out to people's homes to conduct parties.
They do have the shops more for atmosphere, for accountability in the community and to start that business, it's a very young business, like 14 months ago, we have now four shops in operation.
We are going to open another shop in another two weeks.
And plan on having 20 to 22 shops at the end of 2006.
And the beginning of next year, we are going to Fran chase our model here in Florida, and we expect to have in 2007 -- 2007, 200 shops throughout Florida.
We are very welcome where we go through our customer clientele.
We are known more as a communication sales organization than just selling liquor wine.
We are not selling liquor anyway.
Passing by, and just picking up a bottle.
We believe in communication.
We believe also to tell people about our wines or wine makers.
Most of the wine we have exclusively --.
>>LINDA SAUL-SENA: Thank you.
>>> In Florida, and our products like it was mentioned before, it was not only our shop wine sales, it's also our at-home buying tasting.
>>LINDA SAUL-SENA: Yes, we understand the concept.
It's a very interesting idea.
And I think council members understand it.
So thank you.
Is there anyone from the public who would like to speak on this?
Yes, sir?
You have been so patient, sir.
Please give us your name and address.
>>> I'm David Boyd.
And I am a resident of Tampa.
>> You're the clock shop gentleman.
>>> That's right.
Same one.
I was born at Tampa general hospital.
I went to grade schools, Wilson and plant.
And graduated in 1948 with Tampa U.
And didn't find it necessary to drink at all.
Now, when I was in high school, it was really kind of uncool to consume alcohol.
You know, it wasn't necessary somehow.
And it wasn't that we were all Baptists or Methodists or anything like that.
It just wasn't that popular.
And I concern myself today with the way society is going.
We have an element of rage now, whether it manifests itself on the road, or maybe out in Ybor City, you know, fueled by something like this.
Well, I had regrets when the restaurant was applying for alcohol use, but I didn't get involved.
But I thought I would with this guy.
So I would ask all of you if you have escaped the problems of alcohol in your families, friends, but if you have not, consider what Abe Lincoln said: He was a country lawyer.
What he said about alcohol.
I'll always remember it.
It has many defenders but no defense.
>>LINDA SAUL-SENA: Thank you.
Is there anyone else who cares to speak?
Any rebuttal by the petitioner? Motion to second and close.
The public hearing is now closed.
Mr. White, would you like to read this?
>>JOHN DINGFELDER: I apologize to council.
Ms. O'Dowd, can I reopen for a second to ask Ms. O'Dowd a question, please?
I just want to ask staff a question.
>>LINDA SAUL-SENA: Mr. Massey, do we have to reopen for him to ask Ms. O'Dowd a question?
>>MORRIS MASSEY: We have generally taken the position that any additional, you would base your vote typically in public hearings.
>>LINDA SAUL-SENA: There's a motion and second to reopen.
(Motion carried)
>>JOHN DINGFELDER: Thank you, council.
Cate, Mr. Boyd brings up an interesting question.
And I don't know.
It's something that I've wrestled with ever since I got on council.
It's like we approve two or three wet zonings every week, and, you know, where does it end?
And as a society how do we feel about drinking?
We don't really wrestle with any of those issues but I think I heard you and somebody else in legal say when don't have a whole lot of discretion in regard to, you know, saying we want this to be a dry city or something like that.
I mean, and that sort of thing.
So, you know, just give me a little help in response to his questions, or his concerns.
>>CATHLEEN O'DOWD: If F this were an application where the petitioner did not need a waiver to the distance separation requirements, my advice to you would be if it's a permitted use within the zoning district, and it meets the minimum square footage criteria, meets the minimum seating criteria, that is applicable, then you would have no discretion but to grant the application.
>> Tell me and Mr. Boyd why we would have no discretion.
Is it state law in preemption?
>>> Because it would meet the criteria in the code.
The code has identified different criteria for wet zoned establishments.
Some restaurants have minimum square footage requirements.
Some also have minimum seating requirements.
And then of course we have to establish that the underlying zoning would permit that use.
In this situation, Mr. Cotton has indicated it does meet the underlying zoning. This situation is a little different though in that the applicant is requesting a waiver from the distance separation criteria.
As you know, wet zoned establishments are required to be 1,000 feet away from other wet zoned establishments.
They are required to be a thousand feet away from other institutional uses such as daycare centers, parks, government buildings, government services, and also a thousand feet away from residential property.
This situation here would require a waiver.
And the code has identified different instances upon which council may waive the distance separation criteria.
One is where it's a retail establishment, and the sale of alcohol is going to be incidental to the use of the business.
And that is what is before council today.
Another way to waive the separation criteria is if the establishment is located within a shopping center, that is a minimum 75,000 square feet.
I don't believe that is applicable here.
And then another one is where it's an establishment that is expanding but was already wet zoned.
You can waive it in that instance.
So the question before council is, is the appropriateness on waiving the distance separation criteria given the proposed use of the property?
The burden is on the petitioner to establish that the sale of alcohol, sale of wine in this instance, is going to be incidental to the primary use of the business.
At that point the question before council is whether the proposed wet zoning would be compatible with the general vicinity of the subject property, and will there be an adverse impact on the general vicinity of subject property by waiving the distance separation criteria?
So you have to look at the impact of waiving -- first, does it meet the criteria to waive the distance separation requirements?
And, two, by waiving it is there an adverse impact on the neighborhood?
>>LINDA SAUL-SENA: Thank you.
Okay.
>>JOHN DINGFELDER: Mr. Boyd, I think your comments are very valid.
I think we have an alcohol problem in our society.
I think the problem is, it's not related to this one particular petition, you know.
Or the restaurant next door, or et cetera, et cetera.
And I think what council is saying to a certain extent is that if we really wanted to explore the issue that you're talking about, we need to revamp our entire city code in terms of this issue.
And whether we should or we shouldn't, I don't know whether we want top look at that today.
But with all of that said, I don't think there's been any testimony here today that specifically denied this woman's single -- this particular, you know, wine-related use out.
I don't think it would be fair.
Anyway.
>>LINDA SAUL-SENA: Is there a motion to close the public hearing?
>> So moved.
>> Second.
(Motion carried)
Mr. White, would you read number 40?
>>KEVIN WHITE: Move an ordinance making lawful the sale of beverages containing alcohol of more than 1% by weight and not more than 14% by weight and wines regardless of alcoholic content beer and wine 2(APS) in sealed containers for consumption off premises only at or from that certain lot, plot or tract of land located at 1108 south Dale Mabry, suite B, 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.
>>JOHN DINGFELDER: Second.
>>LINDA SAUL-SENA: Passed unanimously.
Unfinished business.
Do we have a motion to receive and file 41, 42?
There's been a motion and second to receive and file 41 and 42.
All those in favor say Aye.
>>JOHN DINGFELDER: Should we defer 42 since it was Mr. Harrison that made the motion?
>>LINDA SAUL-SENA: Actually, Mr. White, should we hold it so all council members can discuss it?
>>KEVIN WHITE: Are the hearings all connected?
>>LINDA SAUL-SENA: No, they just gave awes written report.
Didn't they?
>>MORRIS MASSEY: Council could also move and receive and file the memo today.
And if there are questions that council has, you could obviously make a motion to ask staff to address some particular issues.
>>LINDA SAUL-SENA: Okay.
So there's a motion by Mrs. Alvarez to receive and file number 41 and 472.
Any discussion?
All those in favor say Aye.
(Motion carried)
I think we dealt with the rest of the unfinished business items.
>>ERIC COTTON: Land development.
I -- I would like to request a walk on two rezoning cases for the August 26th, 6 p.m. hearing.
>> So moved.
>>JOHN DINGFELDER: Do you have a list?
>> One is 105 for property located at 5825 south sixth street.
They are doing an RS-60 to RS-50.
The other is 105-10 for 92-12 east Henning street, requesting to go from RS-60 to RO.
>>JOHN DINGFELDER: So moved.
>>LINDA SAUL-SENA: There's been a motion and second to schedule those for August 25th.
All those in favor say Aye.
Opposed, Nay.
Passed unanimously.
Thank you.
Sandy.
>> LINDA SAUL-SENA: Sandy?
>>JOHN DINGFELDER: We have committee reports.
>>LINDA SAUL-SENA: The excitement never ceases.
Committee reports.
Public Safety Committee.
John Dingfelder, vice chair.
>>JOHN DINGFELDER: Move items 48 through 55.
>> Second.
>>LINDA SAUL-SENA: There's a motion and second.
Any discussion?
(Motion carried)
Parks, recreation, cultural committee, Mary Alvarez, chair.
>>MARY ALVAREZ: Move items 56 to 59 with a substitution of 58.
>>JOHN DINGFELDER: Second.
(Motion carried)
>> Public Works Committee, John Dingfelder, chair.
>>JOHN DINGFELDER: I'll move items 60 through 69.
I'll discuss number 70.
>> Second.
[Motion Carried Unanimously]
>>JOHN DINGFELDER: I'm going to request to continue number 70 for one week.
I have had discussions with Mr. Daignault, chief of staff on that.
And I need some more answers on that.
So continue one week number 70.
>>KEVIN WHITE: Second.
>>LINDA SAUL-SENA: Motion and second to deferring number 70.
(Motion carried)
Finance Committee.
Mr. Kevin White, chair.
>>MORRIS MASSEY: I think 77.
>>MARY ALVAREZ: On 77 I have a conflict of interest and already signed.
>>JOHN DINGFELDER: So we need to continue that for a week.
>>KEVIN WHITE: Then I'd like to move items 71 through 76, 78 through 84, holding 77 for a week.
>>LINDA SAUL-SENA: There's been a motion and second.
Any discussion, Mr. Dingfelder?
>>JOHN DINGFELDER: The only discussion I have is on item 83.
And I mentioned to you, on item 3, I mentioned this to chief of staff as well as to Jim Stefan, is -- and we kind of discussed this the last couple of years.
I asked them if there was a way that we could get sort of any preview of the final books before they are finalized, the budget books.
>>LINDA SAUL-SENA: Yes.
>>JOHN DINGFELDER: And Darrell Smith said that he would speak to Bonnie Wise about the feasibility of that.
Right now, I guess the mayor will be giving her formal presentation with the formal books on August 11, which is fine.
And that's in keeping with the schedule.
My request is maybe a week or two prior to that, you know, we could get some softer version of that.
So that way we could have some input before their final finalizing.
So it's not part of a motion or anything like this.
It's a comment.
>>KEVIN WHITE: I didn't want to set number 84.
>>LINDA SAUL-SENA: So your motion is through 83.
>>MORRIS MASSEY: 84, I believe the administration will come in and address calendar issues.
Perhaps you may have some dates tonight.
>>KEVIN WHITE: Defer 84 until later this evening.
>>MARY ALVAREZ: Second.
>>LINDA SAUL-SENA: Mr. White's motion goes through 83.
Any more discussion?
All those in favor say Aye.
Opposed, Nay.
Passed unanimously.
>>KEVIN WHITE: Continue 84 till tonight.
>> So moved.
>> Second.
(Motion carried)
>>LINDA SAUL-SENA: Building, zoning, preservation committee.
Hmmm.
Would you?
>>JOHN DINGFELDER: I'll move it.
85 through 101.
>> Second.
>> There's been a motion and second.
Any discussion on the motion?
All those in favor say Aye.
Passed unanimously.
>>KEVIN WHITE: Continuance on 96?
>>JOHN DINGFELDER: With the exclusion of 96.
>>LINDA SAUL-SENA: Transportation Committee.
Mary Alvarez, vice chair.
>>MARY ALVAREZ: Did we vote on the others?
>>LINDA SAUL-SENA: Sandy?
We voted on Mr. White's committee.
Mr. Dingfelder moved it.
>>JOHN DINGFELDER: Okay.
If Sandy is good, we're good.
>>LINDA SAUL-SENA: Transportation Committee.
Mary Alvarez, vice chair.
>>MARY ALVAREZ: Move items 102 to 107.
>> Second.
>>LINDA SAUL-SENA: Any discussion?
[Motion Carried Unanimously]
Information reports.
Mr. Dingfelder.
>>JOHN DINGFELDER: Yes.
Awhile back I mentioned that captain Bennett's water warriors had won the dragon boat races and we are going to ask them to come down on July 28th to accept their commendations, if we can schedule that.
>>LINDA SAUL-SENA: Motion and second.
(Motion carried)
Did you know that Mr. Bennett has left the water department?
>>JOHN DINGFELDER: Mike Bennett, yes.
He has unfortunately resigned.
This is captain Bennett.
>>LINDA SAUL-SENA: A different person.
All right.
Ms. Alvarez, do you have anything?
>>MARY ALVAREZ: If I-d I wouldn't say.
>>LINDA SAUL-SENA: Mr. White, any information reports?
>>KEVIN WHITE: Yes.
I would like to request that -- and I have already spoken with him about this and he's amenable to one week, Roy LaMotte come and speak to the issue of where they are, where the administration is in the process of eliminating the 138 parking meters in the downtown area, because of city ordinance that's been on the books for quite some time that says you can't park within ten feet of an opening or a driveway because of some confrontation, we found out that the city is in violation of its own ordinance in downtown of 138 meters, and they have come up with a process of just taking up and eliminating 138 meters and scrapping them and doing away with 138 meters or parking spaces in the downtown area and I don't think that's such a very good idea.
And he's working on that solution.
And by next week should have something to bring before council in regards to rectifying that problem.
So I would like to move that it be put on the agenda for next week.
Under department heads.
>>LINDA SAUL-SENA: Okay.
>>MARY ALVAREZ: Second.
>>LINDA SAUL-SENA: I don't think you need to move it.
>>KEVIN WHITE: Yes.
>>MARY ALVAREZ: Second.
[Motion Carried Unanimously]
>>KEVIN WHITE: Secondly, I'd like to, as chairman of PTC, public transportation commission of Hillsborough County, we are soliciting letters from other governmental agencies to lobby senator Sebesta for support of the public transportation for Hillsborough County to basically state what it is that we do, and that local municipalities, of course which we have four or five local areas that sit on the public Transportation Committee, from Hillsborough County, City of Tampa, Temple Terrace, Plant City, and just like to make a motion that we be able to draft a letter on behalf of the chair at City Council in support of what the public Transportation Committee does for Hillsborough County.
>>MARY ALVAREZ: Second.
>>LINDA SAUL-SENA: Motion and second.
>>JOHN DINGFELDER: I have a strange recusal.
I apologize.
I didn't know it was going to come up.
Can that wait a week?
>>KEVIN WHITE: I don't see that there's any -- do you have a conflict with that?
>>JOHN DINGFELDER: Yeah.
>>LINDA SAUL-SENA: Would you bring it up next week under new business?
>>JOHN DINGFELDER: Or I'll fill out the form.
>>KEVIN WHITE: The only thing, I don't have a problem with the recusal.
I just don't know how that would go.
Maybe Mr. Morris Massey, if we send a letter of support from City Council, would relieve councilman's Dingfelder's name off the letter?
>>MORRIS MASSEY: I think the issue now is City Council to take a different position, Mr. Dingfelder has to recuse himself, you only have three votes today.
So if you will defer --.
>>KEVIN WHITE: Co-always recuse.
>>JOHN DINGFELDER: You could always send it out on behalf of council.
As long as I recuse it doesn't --.
>>KEVIN WHITE: Okay.
>>LINDA SAUL-SENA: We can't vote.
>>KEVIN WHITE: Remind me next week, Sandy.
>>LINDA SAUL-SENA: Put it on short-term pending.
>>MARY ALVAREZ: Move to receive and file everything.
>>LINDA SAUL-SENA: Thank you.
Motion and second to receive and file everything.
(Motion carried)
Anything else to come before council?
We adjourn to the audience portion.
And we'll let our colleagues who aren't here today they lost big-time.
Anyone to speak?
Then we are adjourned till tonight at 5:30.
(City Council adjourned at 3:37 p.m.)
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