Tampa City Council
Thursday, January 19, 2006
9:00 a.m. session
09:22:42 [Sounding gavel]
09:22:44 >>GWEN MILLER: Tampa City Council is called to order.
09:22:47 The chair will yield to Ms. Linda Saul-Sena.
09:22:51 >>LINDA SAUL-SENA: Good morning.
09:22:52 I know there are a lot of us here this morning.
09:22:53 I would like everyone to settle down for a moment.
09:22:56 This morning, our invocation is going to be led by
09:22:59 Rebecca Steele.
09:23:00 It is my privilege to introduce her to you this
09:23:04 Rebecca Steele grew up in Tampa.
09:23:06 She attended law school and served in a number of
09:23:09 firms in the community.
09:23:11 She is now the director of the American Civil
09:23:14 Liberties Union which proposes that our Constitution
09:23:17 and Bill of Rights have meaning in our community.
09:23:20 It's my pleasure and privilege this morning to
09:23:22 introduce Becky Steele.
09:23:25 I ask you all to please stand for her words to begin
09:23:28 our meeting and then for the pledge of allegiance.
09:23:32 >>> Rebecca Steele: Thank you.
09:23:35 When I was asked to give the invocation, I thought
09:23:37 this is a little dangerous because I am a member of
09:23:39 the religious society of friends known as the Quakers.
09:23:42 And when we meet for business we begin by sitting in
09:23:46 silence for what probably would seem like a really
09:23:49 long time to you, maybe 10 or 15 minutes, and we ask
09:23:52 to ascertain what is the will of God in the work that
09:23:55 we are about to do?
09:23:57 And if I ask you to do that, that may push your
09:24:00 meeting into quite a lengthy period.
09:24:02 And then I remembered that when the founders of our
09:24:05 country got together to form the first Constitutional
09:24:08 Congress, Benjamin Franklin proposed that a clergyman
09:24:12 be invited to open each session with a prayer.
09:24:14 But that our founders decided not to do that, and
09:24:18 therefore they began their meetings by the first
09:24:21 meeting invoked by the consent of the governed without
09:24:25 invoking religion, and perhaps it wasn't appropriate
09:24:28 for me to impose my religious beliefs upon this
09:24:31 governmental meeting.
09:24:33 So instead this morning I would like to invoke the
09:24:35 spirit of justice and liberty that is the ultimate
09:24:37 foundation of our Constitution.
09:24:39 I would ask today that when you meet and deliberate
09:24:42 you consider the equal rights of all our citizens,
09:24:45 even those who are -- who appear different from the
09:24:49 May you be led today to decide justly, to rule fairly,
09:24:53 to seek what is right in even the most mundane
09:24:57 decisions as well as those at the most significant
09:25:01 I ask this in the name of the freedoms ensconced in
09:25:04 our Constitution by our founders, that have been
09:25:06 fought for with every generation including this one.
09:25:10 May you continue and lead in that work today and every
09:25:13 Thank you.
09:25:16 (Pledge of Allegiance)
09:25:31 >>GWEN MILLER: Roll call.
09:25:35 >>JOHN DINGFELDER: (No response.)
09:25:39 >>LINDA SAUL-SENA: Here.
09:25:41 >>SHAWN HARRISON: Here.
09:25:43 >>KEVIN WHITE: Here.
09:25:44 >>MARY ALVAREZ: Here.
09:25:46 >>ROSE FERLITA: Here.
09:25:47 >>GWEN MILLER: Here.
09:25:47 At this time we have Rose Ferlita to present the
09:25:55 commendation to the police Officer of the Month.
09:26:03 >>ROSE FERLITA: Good morning, Madam Chairman,
09:26:21 colleagues, ladies and gentlemen.
09:26:22 It is my pleasure to again join Chief Hogue in
09:26:26 acknowledging one of our officers.
09:26:27 This month, we will acknowledge officer Matthew Simons
09:26:32 for his duty.
09:26:35 >>CHIEF HOGUE: Good morning, council.
09:26:44 It's my pleasure to be here and to introduce to you
09:26:47 officer Matt Simons, who is our employee of the month
09:26:51 for January 2006.
09:26:54 Officer Matt Simons displayed an impressive
09:26:58 determination to take criminals off the streets.
09:27:00 Every day that he puts on his uniform and he comes to
09:27:03 That determination did not waiver even when he
09:27:06 suffered a significant injury while chasing a suspect
09:27:08 on foot through a dark backyard.
09:27:11 Officer Simon suffered a deep cut to his throat
09:27:14 requiring 17 stitches when he ran into a close line
09:27:17 that was not visible in the backyard when he was
09:27:20 chasing the suspect.
09:27:22 Despite the fact that his throat was bleeding
09:27:24 profusely, officer Simons continued the chase, the
09:27:27 suspect, until he caught him.
09:27:29 Officer Simons sent the suspect to jail on 14 felony
09:27:33 charges, five misdemeanor charges, and three counts of
09:27:36 grand theft.
09:27:37 The officer then went to the hospital to receive his
09:27:41 13 stitches, and after being examined by the doctor,
09:27:44 he still managed to return to work.
09:27:47 As amazing as that sounds, despite perseverance, on
09:27:55 one day he caught a burglar red-handed breaking into a
09:27:59 He and a fellow officers chased down the suspect and
09:28:02 arrested him.
09:28:03 A few hours later Simons responded to an attempted
09:28:09 He quickly tracked down the suspect in the vehicle,
09:28:12 pulled over the car, recovered a gun and charged the
09:28:15 suspect with attempted first degree murder.
09:28:17 I want to say thank you to you, Matt, for all the hard
09:28:20 work that makes Tampa a safer community.
09:28:21 Thank you so much.
09:28:30 And I also think that it's appropriate to recognize
09:28:33 his mother here Sandy sitting quietly behind me out of
09:28:40 She is a 25 year employ when the Tampa Police
09:28:45 >>> Sandy: Almost.
09:28:50 >>CHIEF HOGUE: And she does a great job for us, too.
09:28:52 Thank you.
09:28:54 >>ROSE FERLITA: On behalf of the council and the
09:29:01 citizens of Tampa, who we represent, it's very much my
09:29:05 pleasure to present to you this commendation.
09:29:07 So I'll read this.
09:29:08 And after that, our corporate members want to say
09:29:13 thank you in their own way. And thank you for your 25
09:29:18 years -- 20 year employee again. So a commendation
09:29:23 presented to officer Matthew Simon in dedication of
09:29:26 your dedicated efforts, you have been selected as the
09:29:29 Officer of the Month for January 2006.
09:29:31 His daily determination to stop the criminals and send
09:29:34 them to jail, assists the Tampa Police Department in
09:29:37 providing a safer city for the citizens of Tampa.
09:29:39 For this the City Council and City of Tampa commends
09:29:42 And I personally say thanks.
09:29:43 This is the best thing I do in my job.
09:29:46 So I appreciate everything that you do.
09:29:47 Thank you so very much.
09:29:57 And if corporate members want to come up and make
09:29:59 their presentations.
09:30:04 >>> Danny Lewis from Bill Currie Ford.
09:30:07 You can see I have a sore throat this morning.
09:30:08 But I want to present this watch as a small token of
09:30:16 our appreciation.
09:30:30 >>> Good morning.
09:30:31 Representing first command financial planning.
09:30:33 I would like to thank you personally for taking care
09:30:37 of our community, keeping us safe, and keeping our
09:30:40 children safe.
09:30:42 Please take Kelly out for dinner, enjoy.
09:30:47 Thank you for all your hard work.
09:30:48 >> Stephani Armstrong.
09:30:59 We would like to present this certificate for a free
09:31:02 pair of Ray Ban sunglasses which I know every police
09:31:05 officer needs.
09:31:07 Thank you very much.
09:31:14 >> Steve Stickley represent Stepp's towing service.
09:31:17 On behalf of myself, Stepp's towing service, we really
09:31:21 appreciate everything you do out there, all the hard
09:31:23 work, dedication.
09:31:24 We would like to present this statue to you.
09:31:28 We also have a gift certificate at Lee Roy Selmons.
09:31:39 >>> Good morning.
09:31:40 My name is Katie representing Florida Aquarium.
09:31:43 I would like to thank you and invite you and your
09:31:48 family out to the aquarium to see our new gator.
09:31:50 Thank you.
09:32:07 >>> Lowry Park Zoo.
09:32:07 I would like to thank you for your work.
09:32:09 On behalf of Lowry Park Zoo, we would like to invite
09:32:12 your family to enjoy the zoo.
09:32:18 >>STEVE MICHELINI: I'm the last one.
09:32:24 On behalf of Bryn Allen Studios we would like to
09:32:30 present with you a gift certificate for your
09:32:34 On behalf of the Hillsborough County Towing
09:32:36 Association we are providing you with a $50 gift
09:32:39 certificate to Carabbas.
09:32:40 On behalf of Po Boy's restaurant, now where Po Boys'
09:32:45 You can go over and have lunch or dinner of your
09:32:48 And on behalf of list development we are providing you
09:32:54 a $100 gift certificate to Bern's steakhouse.
09:33:04 >>ROSE FERLITA: Congratulations.
09:33:10 Thank you for what you do.
09:33:11 Would you like to say anything, introduce your wife?
09:33:18 >>> This is my wife Kelly Simons.
09:33:20 We have been married for four years.
09:33:22 And our daughter is in day care right now.
09:33:26 She wasn't able to come today. This is my mother.
09:33:28 She has been working with the police department for 20
09:33:36 I would like to thank Chief Hogue, City Council and
09:33:38 the staff for this acknowledgement.
09:33:42 I try to do the best I can to ensure the safety for
09:33:44 the citizens of Tampa.
09:33:45 And will continue to work the best and hardest I can
09:33:49 to continue that job.
09:33:50 Thank you very much.
09:33:59 >>GWEN MILLER: At this time Mr. Dingfelder will
09:34:04 present a commendation.
09:34:40 >>JOHN DINGFELDER: Thank you, Madam Chair.
09:34:42 And what a great morning.
09:34:44 We get to honor so many of our fine citizens in our
09:34:47 And two of the guys that I'd like to honor today are
09:34:54 coach Robert Weiner of Plant High School and coach
09:35:02 Volpi of Robinson high.
09:35:08 I want to defer to Jim Reese to give these awards to
09:35:12 these guys.
09:35:12 But they have been coaches at Plant and Robinson and
09:35:16 honored as coach of the year.
09:35:17 Obviously they have had great seasons.
09:35:18 One thing I wanted to say about coaches, having played
09:35:21 some high school sports, and a little bit in college,
09:35:25 is I know without even asking these guys that it's not
09:35:29 about the seasons and it's not about the winning
09:35:32 records, what it's really about is these young men or
09:35:36 young women that they do coach, and it's about
09:35:39 creating strong and healthy minds and good spirits and
09:35:44 good citizens.
09:35:45 And that's really what it's all about.
09:35:47 And I'm sure that's one of the reasons that they were
09:35:50 nominated for it.
09:35:52 So Jim Reese.
09:35:56 >>> Thank you, John.
09:35:57 Every year the Tampa chapter of the National Football
09:35:59 Foundation Hall of Fame selects Hillsborough County
09:36:02 coaches of the year, assistant coach of the year.
09:36:04 And this year, they selected Plant and Robinson high
09:39:37 Tampa City Council is pleased to commend coach Volpi
09:39:41 for his work as a coach and leader of young men.
09:39:44 Coach Volpi.
09:39:48 Coach Wiener.
09:39:55 >>> Coach Wiener: I'd like to thank the council for
09:39:58 having both of us here, and to bring some of my
09:40:02 It's a great honor to be here.
09:40:03 I just want to introduce a couple of my players who
09:40:05 are here.
09:40:06 I have Matt Phillips, Chris Carole, Kevin McCarthy,
09:40:11 Thomas lane, just a few players that represent not
09:40:13 only my team but represent football teams throughout
09:40:15 our county, Robinson is right down the road for us,
09:40:19 and we have a very good, healthy football rivalry that
09:40:22 goes on back and forth.
09:40:24 There's good fair play that goes on there.
09:40:26 I appreciate you for recognizing us today, because
09:40:31 people love football particularly in Tampa, and Tampa
09:40:33 is a football crazy town.
09:40:35 But particularly at the high school level, football is
09:40:38 about much more than football.
09:40:39 And the elements of teamwork, and learning how to work
09:40:44 hard, and the elements of learning if you come
09:40:47 together to do something together, you can achieve
09:40:49 something great.
09:40:50 Those are the kind of things that we teach, and I know
09:40:53 that Vaughan teaches, and some things that may not be
09:41:01 so positive all the time. If you keep hearing those
09:41:03 things I invite to you come down to Robinson or come
09:41:05 down to Plant and come meet my kids or come meet
09:41:08 Vaughan's kids and you will find out what the youth of
09:41:11 day is really all about. So I thank you very much for
09:41:13 honoring us today.
09:41:20 >>> I too would like to thank City Council for
09:41:22 honoring us today.
09:41:23 Congratulations to my colleague Bob Wiener, did a
09:41:26 great job this year at Plant.
09:41:28 And very deserving.
09:41:30 And it's nice having you in South Tampa.
09:41:34 Again, thanks to City Council.
09:41:35 I think it says a lot about this community when City
09:41:37 Council can take time out of a very busy schedule to
09:41:39 honor high school football coaches and what we do.
09:41:42 I certainly appreciate that.
09:41:44 And just to give you an impact, an idea of what kinds
09:41:47 of things that high school football coaches can do and
09:41:50 the changes they can make in the community, as a
09:41:52 coordinator at Robinson high school in the past eight
09:41:54 years, we have placed over 50 kids with scholarships,
09:41:57 full scholarships, to schools from Ivy league all the
09:42:02 way down to division 3 schools, gives these kids a
09:42:06 chance to go on to the next level and make something
09:42:08 with their lives.
09:42:09 By honoring us today you are really honoring all of
09:42:11 the coaches that all of this hard work goes into, not
09:42:14 just on the football field but what happens after that
09:42:17 as well.
09:42:18 Very humbled.
09:42:19 Thank you very much.
09:42:28 >>SHAWN HARRISON: The next presentation will be made
09:42:30 by Chairman Miller.
09:42:49 >>GWEN MILLER: Good morning, council.
09:42:50 This is a very special commendation to give to a young
09:42:53 man, one of our future leaders, and I know his family
09:42:56 and everybody is very proud of him.
09:42:58 I'd like to say on the morning of Tuesday, December
09:43:01 13th of last year, young Eugene Thomas was just
09:43:05 finishing his bowl of Captain Crunch cereal before
09:43:10 going off to school when he smelled smoke.
09:43:13 He saw flames engulfed in a pile of clothes.
09:43:17 Even though Eugene told reporters that he was scared,
09:43:20 he didn't panic.
09:43:21 Instead he ran to his grandparents' bedroom and back
09:43:24 to the room whereof his uncle was sleeping on the
09:43:26 couch to wake them up.
09:43:28 He alerted them that there was a fire in the house and
09:43:31 called 911 as his grandparents woke up his tired
09:43:36 brother and scrambled to get out of bed.
09:43:39 By now smoke filled the house.
09:43:41 Thanks to young Eugene's heroics no one was injured.
09:43:45 Eugene told reporters that he was proud of himself and
09:43:48 that it was lucky that he was there that morning to
09:43:51 get everybody up.
09:43:54 You June, Tampa City Council is also proud of you and
09:43:56 that is why we are presenting you this commendation
09:43:59 this morning.
09:43:59 And it reads: The Tampa City Council recognizes
09:44:03 Eugene Thomas for his heroic efforts in saving his
09:44:07 family from their burning home on the morning of
09:44:09 December 13th, 2005.
09:44:11 We the members of the City Council are sure that you
09:44:14 will make many more outstanding feats in your
09:44:18 lifetime, and we do wish you the best in all that you
09:44:21 And I would like to say congratulations to you.
09:44:41 Did you want to say something?
09:44:46 >>> I would like to thank the City Council for
09:44:48 recognizing my nephew, Eugene Thomas.
09:44:52 He is a brave child.
09:44:53 And I will be proud of him because he saved my only
09:44:56 sister and my nephew and I'm very proud of him.
09:45:00 You know, I thank him so much.
09:45:01 And thank you all, too.
09:45:18 >>SHAWN HARRISON: Thank you, Chairman Miller, for that
09:45:21 I think our next one is from councilwoman Alvarez.
09:45:40 >>MARY ALVAREZ: Thank you, colleagues.
09:45:42 I never thought that I would be doing a commendation
09:45:45 for Sandi Cedola before I left office, but here it is.
09:45:51 Would you please come?
09:45:52 And join me by Cindy Miller.
09:45:57 And the colleagues that are here.
09:46:03 We all know Sandi.
09:46:05 She's been a stalwart of the business and housing
09:46:09 development community for a very, very long time.
09:46:11 And we know that it's her wish to retire, but it's not
09:46:18 our wish for her to go.
09:46:22 But be that as it may, I guess it's time for her to do
09:46:27 And I know that Ms. Miller and others have a few
09:46:34 things to say so I will let them do that before I
09:46:36 present the commendation.
09:46:41 >>> Cynthia Miller: I asked a lot of our employees
09:46:44 who could be here to come forward, because Sandi has
09:46:48 built the family.
09:46:48 She's built the department.
09:46:50 And she is the person that employees would come to
09:46:52 whether it was professional assistance, whether it was
09:46:55 personal assistance.
09:46:57 She is the confidant that nobody ever hears outside of
09:47:00 her office walls.
09:47:02 And she has been the heart and soul of the department
09:47:04 for so many years.
09:47:07 I mentioned it at an event last night, the good thing
09:47:11 about Sandi's retirement is I now not only have a
09:47:15 professional colleague but I get to have a real friend
09:47:17 now that she enters her private life.
09:47:20 Thank you, Sandi, for the time we have gotten to spend
09:47:30 >>> I would like to thank councilwoman Alvarez and
09:47:34 Desiree and council members for taking the time out of
09:47:37 your day to recognize Sandi.
09:47:38 She's been my boss.
09:47:39 She's been my friend.
09:47:41 But for so many she's been a role model city employee.
09:47:44 I thank you for our time together.
09:47:45 And I love you.
09:47:46 And one day I'll be like you maybe.
09:47:50 >>MARY ALVAREZ: Does anybody else want to say a few
09:47:58 words about Sandi?
09:48:00 You have worked with her for so many years.
09:48:02 Okay, Sandi.
09:48:04 I hate to do this, you know that, right?
09:48:09 But the Tampa City Council commendation is presented
09:48:11 to Sandra M. "Sandi" Cedola in appreciation for 30
09:48:15 years of service to the City of Tampa department of
09:48:18 business and housing development as her deputy
09:48:24 director and signed by all of us.
09:48:27 Good luck.
09:48:29 Enjoy your retirement.
09:48:30 And I'll be there next year.
09:48:36 >>> Sandi Cedola: Thank you very much for having me
09:48:43 here today.
09:48:44 This truly means a lot to me.
09:48:46 But I feel very inadequate after the last recognitions
09:48:49 that were at this podium.
09:48:51 So I feel like what I have done has been a very small
09:48:54 I have enjoyed every single minute of my 30 years.
09:48:57 And I can assure you that you have some of the finest
09:48:59 employees that the city has ever had working on board
09:49:01 today, and they are quite competent and I'm sure will
09:49:04 do a great job, and I'll miss all of you, but I will
09:49:07 be back in some fashion.
09:49:10 Thank you very much.
09:49:21 >>LINDA SAUL-SENA: I want to speak on behalf of the
09:49:23 preservation community.
09:49:24 You have been such an elegant diplomat for
09:49:28 preservation in this community.
09:49:30 You figured out where to get the resources, how to
09:49:32 make things happen, how to forestall calamities.
09:49:36 You have been an advocate inside a department where
09:49:40 things are gray and could you say yes or could you say
09:49:45 You figured out a way to try to support the beauty and
09:49:47 history and culture of this community, and everybody
09:49:51 really appreciates you.
09:49:52 And we welcome you to the other side of the City
09:49:56 Council chambers to come back and visit us as the
09:49:59 advocate that you have always been.
09:50:01 Thank you.
09:50:03 >>> And I will do that.
09:50:05 Thank you.
09:50:15 >>GWEN MILLER: At this time Ms. Ferlita is going to do
09:50:38 a commendation that she doesn't want to give, but
09:50:41 she's going to give it anyway.
09:50:51 >>ROSE FERLITA: Madam Chairman, you are absolutely
09:50:53 I don't know how we can continue our program and
09:50:57 barricade that door, because we have a ton of
09:51:01 friendships going out that door and a ton of
09:51:04 institutional knowledge going out that door.
09:51:06 So as Mary said awhile ago, this is yet another
09:51:08 bittersweet commendation that we don't want to give
09:51:11 but we will give.
09:51:12 Morris, where are you?
09:51:17 You know, I guess when Mary asked if anybody else
09:51:22 wanted to say a few words about Sandi, you notice not
09:51:25 too many people took her up on that offer, and that's
09:51:28 because for people like Sandi and for people like
09:51:31 Morris -- and I know Morris doesn't mind sharing the
09:51:33 limelight with her -- you can't just say a few words.
09:51:41 When I first started in 1999, I knew nothing about
09:51:44 government, and nothing about the legalities of this
09:51:48 and that and the next thing.
09:51:49 And certainly you appreciate professionalism when you
09:51:51 go to that department and ask the attorney to help
09:51:55 Morris has always been there.
09:51:58 As a friend, and I know many times his agenda has been
09:52:02 over his head, but he always had time to explain to me
09:52:05 things that I didn't understand, and he repeated as
09:52:08 many times as I needed as a new council member.
09:52:10 And as we exit and wish him goodbye, he's exactly
09:52:15 doing the same thing as recently as yesterday, you
09:52:18 will be missed.
09:52:23 And I read this because I can't say anything else.
09:52:29 Tampa City Council commendation: Presented to Morris
09:52:32 Massey, in appreciation for his hard work, dedication,
09:52:36 loyalty to the City of Tampa, and the City Council, as
09:52:40 the city's senior assistant city attorney.
09:52:43 Your advice and council to us has been greatly
09:52:45 appreciated and will be profoundly missed.
09:52:47 We wish you the best of luck in your future endeavors.
09:52:50 And what can I say?
09:52:53 I'll miss you dearly.
09:53:01 And you know this is certainly not to discount what
09:53:05 Mr. Shelby has done for us and what Mr. Smith
09:53:07 continues to do for us.
09:53:08 But it is just that teamwork that I know Morris is
09:53:15 going to continue on my sign committee.
09:53:17 But, you know, it just incredible.
09:53:20 I know that Mary and everybody else in their office
09:53:22 was going to mourn his leaving.
09:53:27 Dave, I don't know if you want to come up and say
09:53:29 I'm sure you do. Then we'll have a closure in it.
09:53:31 Then you can say a couple things if you want.
09:53:33 Thank you for everything.
09:53:35 >>DAVID SMITH: That was a very moving and poignant
09:53:39 tribute to a person who deserves that.
09:53:42 When I came with the city almost two years ago in
09:53:45 April, much like Rose, I was sort of lost.
09:53:48 I was a private sector attorney.
09:53:50 I understood real estate and land use, but I
09:53:53 understood little else about the public sector.
09:53:55 The public sector is very complicated.
09:53:57 People do not realize the sort of convolutions that
09:54:02 are involved in practicing public law.
09:54:04 Morris does.
09:54:05 And he will be sorely missed as a consequence of that.
09:54:08 Morris also is a good person.
09:54:10 He's the kind of person when you have an issue, and
09:54:13 something doesn't go quite as you hoped it would go,
09:54:15 he's the kind of person you could talk to and helps
09:54:17 you understand, that's just the way it happens
09:54:21 So he's also an understanding and sympathetic person.
09:54:25 And that's something that's difficult to replace.
09:54:27 As a professional he's the quintessential
09:54:30 He knows what he's doing.
09:54:31 He prepares very hard.
09:54:32 He takes it personally.
09:54:35 That's something that is sometimes not recognized in
09:54:38 But we do -- the good ones care about their clients.
09:54:42 They suffer with their clients.
09:54:43 They agonize with their clients.
09:54:45 They hate to make mistakes that make their client
09:54:49 Morris is that kind of person.
09:54:50 And he has helped foster that attitude in our
09:54:53 And we are grateful for that.
09:54:55 And I think my pocket is once again calling me.
09:54:58 It's not mine.
09:54:59 I turned mine off.
09:55:03 That's $10.
09:55:04 I can't afford the five.
09:55:06 As said, there isn't really anything that can be said
09:55:08 to capture Morris's contribution to the city.
09:55:12 Morris is the kind of person that we will call and he
09:55:13 will gladly answer any of our questions.
09:55:15 We are going to miss him dearly.
09:56:59 You always answered the phone call.
09:57:10 You always broke it down.
09:57:12 I'm going to say in laymen's terms as someone in the
09:57:16 non-legal profession.
09:57:17 I want to say thank you for that.
09:57:18 Thank you for your friendship.
09:57:20 Thank you for your dedication to your job in order to
09:57:22 help me do my job the way I needed it to be done.
09:57:27 And if there is anything that I can ever do for you --
09:57:31 because I will be calling you -- I would love to keep
09:57:35 that relationship open.
09:57:36 And I will truly miss you.
09:57:37 And I think it's a great loss for this city as well as
09:57:40 the city attorney's office.
09:57:42 And I wish you well in the private sector.
09:57:44 >>ROSE FERLITA: Madam Chairman, now that Kevin put
09:57:49 that so well, and I've gained my composure, here comes
09:57:54 the words now.
09:57:55 But sometimes people think government is a government,
09:57:58 and of course it is.
09:57:59 But when you start out and you want to do your very
09:58:01 best to bring some benefits or some advantages to the
09:58:04 process, you start with a team.
09:58:07 And it's so funny, I'm looking at Morris, I'm looking
09:58:11 over there, Andrea Zelman was another when we started
09:58:15 in 1999, my colleagues were here the last term, it was
09:58:18 a team, because Andrea is here and Morris is here, and
09:58:25 Gina, and we struggled through the issues but when
09:58:27 things were tough we stuck together and when things
09:58:29 went well we celebrated together, and therefore comes
09:58:32 the friendships.
09:58:33 And speaking of friendships, I don't know if this is
09:58:35 appropriate or not but it's going to be said anyway,
09:58:38 Gina Grimes is very lucky that a lot of us are good
09:58:40 friends of hers because she's a partner at hill ward
09:58:44 and Henderson and she's going to benefit from you
09:58:47 leaving us and joining them.
09:58:49 We are sorry to lose you.
09:58:51 And I think that's the sentiment of all.
09:58:55 >>MARY ALVAREZ: Morris, I think all the words have
09:58:57 been said.
09:58:58 And they all come from our hearts.
09:59:01 We are going to miss you.
09:59:03 And I know that you said you would be there.
09:59:06 And you have enlightened me, too, because when I came
09:59:10 here, I was in '99 too and I was a novice and had no
09:59:15 idea what legal terms meant.
09:59:17 And I know you helped me a lot to understand a lot of
09:59:20 the legal jargon that goes on in this world that we
09:59:24 live in.
09:59:31 The only thing I can say is we are going to miss you.
09:59:33 We are also going to put a lock on the City Hall doors
09:59:36 so Gina Grimes can't get anybody else.
09:59:39 But congratulations.
09:59:44 And have a good life.
09:59:49 And I know you'll be able to sleep a lot better at
09:59:52 night than we will.
09:59:54 But thank you for everything that you've done.
10:00:01 >>SHAWN HARRISON: Morris, as the first lawyer ever
10:00:05 elected to City Council, I had a rather unique
10:00:09 perspective when I came here in '99 and you and Andrea
10:00:12 and Gina really helped me figure out this sort of dual
10:00:18 role that I could play on the council, and serving a
10:00:22 rather unique position.
10:00:23 And the one thing that Morris has always done, Morris
10:00:27 has sat through every meeting practically that we have
10:00:30 sat through.
10:00:32 We are often here until midnight on those Thursday
10:00:35 nights, and Morris is always here to the very end.
10:00:37 And Morris has always made this job fun.
10:00:41 Sometimes it's not -- sometimes it's not a lot of fun.
10:00:44 But Morris and the people in the legal department have
10:00:47 always done a great job in that regard.
10:00:50 Morris is one of those rare people that's a go-to guy.
10:00:54 Whenever any of us need anything, we have got an
10:00:56 issue, we have got something that's a little out of
10:00:58 the ordinary, and we don't know who to turn to, Morris
10:01:01 is always the first one that we go to.
10:01:03 He has a way of solving problems.
10:01:05 I think you're going to do very well in the private
10:01:07 sector, Morris.
10:01:08 We are sad to have you leave, but we understand that
10:01:13 this is a season in your career like every other
10:01:15 career, and we wish you the best.
10:01:19 I will remind my colleagues, however, that when we
10:01:21 call Morris for advice now, it's going to be at about
10:01:24 300 an hour, not for free.
10:01:30 So keep that in mind.
10:01:31 >>ROSE FERLITA: And word has it that he already
10:01:33 changed his home number.
10:01:39 >>LINDA SAUL-SENA: Since one of the major
10:01:40 responsibilities of City Council is land use, and
10:01:42 since you have been our land use attorney, we have
10:01:45 probably worked more closely with you than anyone.
10:01:49 And you have always been grounded and respectful and
10:01:51 helped us do our very best.
10:01:53 And on a personal level you're warmth and your human
10:01:57 have just made you a friend of all of ours.
10:02:00 I want you all to know that when I heard Morris is
10:02:03 leaving I tried to talk him out of it but his mind was
10:02:06 made up.
10:02:07 We will miss you.
10:02:10 >>JOHN DINGFELDER: Morris and I go back, I was just
10:02:14 calculating, we go back 17 years, since 1989.
10:02:18 And I think I was a first-year attorney and he was a
10:02:21 second-year attorney at our prior law firm.
10:02:24 And, you know, the kind of guy that as a first year
10:02:28 attorney I turn to and say, boy, was that -- it's been
10:02:34 amazing every 17 years how our paths have crossed.
10:02:38 And in the last three years, he's still the guy, as
10:02:44 has been said by my fellow council members, he's still
10:02:47 the guy that I call nine out of ten times.
10:02:52 David is too busy but Morris is always going to be
10:02:55 there to answer that question.
10:02:56 So for those attorneys who he's leaving behind, you
10:02:59 have got big shoes to fill in that regard, and you can
10:03:03 be expecting our calls.
10:03:04 I was writing down some words that I think describe
10:03:07 And some of them have been said but I'll say them
10:03:10 It's steady.
10:03:14 Tremendous integrity.
10:03:15 And trust.
10:03:18 And loyalty.
10:03:19 And common sense.
10:03:20 And those are great values that will be missed
10:03:25 But I'm confident our paths will cross again in
10:03:29 another context.
10:03:30 If anybody is operating a camera, I would love them to
10:03:34 pan the side of the room, the north side of the room
10:03:37 if possible.
10:03:39 I don't know if that's possible on one of those
10:03:42 There you go.
10:03:42 Because these are the folks that Morris works with day
10:03:47 in and day out, the staff, other attorneys that he
10:03:51 works with, and the office is upstairs, and the fact
10:03:55 that they are here to honor him really says it all,
10:03:58 Because they know what kind of person he is.
10:04:00 We'll all miss you.
10:04:05 >>GWEN MILLER: Morris, there's not much that I can
10:04:09 So my colleagues are really saying it all.
10:04:12 They have described you to the "T."
10:04:14 The only thing I can do is cross that "T" and dot the
10:04:18 "I" but you are everything they said you are.
10:04:22 And I'm going to miss you.
10:04:23 And I will still be calling you.
10:04:25 And don't forget us and we won't forget you.
10:04:28 Thank you.
10:04:28 >>MORRIS MASSEY: Thank you all very much.
10:04:54 We will now go to the approval of the agenda.
10:04:59 >>LINDA SAUL-SENA: Madam Chair, thank you.
10:05:01 I have a question, a procedural question that I'm
10:05:04 curious about.
10:05:05 We have a meeting scheduled today at 1:30 to discuss
10:05:09 chapter 27, which is very important.
10:05:11 And I just wondered if your plan was, if we don't get
10:05:14 through our agenda, which is pretty ambitious, my
10:05:20 question is, are we going to take chapter 27 at 1:30,
10:05:23 or are we going to complete our agenda and then go to
10:05:26 >>GWEN MILLER: It's the council's pleasure.
10:05:30 Complete our agenda, it has been suggested we complete
10:05:33 our agenda, then go to chapter 27.
10:05:36 >>LINDA SAUL-SENA: Then I think that makes a lot of
10:05:37 sense, but we should let the people know that are
10:05:41 coming here to discuss 27 should know they don't have
10:05:43 to be here at the stroke of 1:30 because it probably
10:05:45 won't be then.
10:05:46 >>GWEN MILLER: You are correct, Ms. Saul-Sena.
10:05:54 >>KEVIN WHITE: At the break give some sort of time
10:05:56 >>GWEN MILLER: We will also need to discuss item
10:05:59 number -- the workshops will be held at ten, which
10:06:02 it's now after ten, how are we going to handle that?
10:06:06 >>LINDA SAUL-SENA: Which workshop is that?
10:06:12 >>GWEN MILLER: The workshop at 10 a.m.
10:06:17 It's now after ten.
10:06:17 >>LINDA SAUL-SENA: I think we need to continue that
10:06:21 till this afternoon.
10:06:21 >>GWEN MILLER: What's your pleasure?
10:06:23 Need to make a motion.
10:06:25 >> So moved.
10:06:26 >> Second.
10:06:26 >>GWEN MILLER: It's sculled for 10 a.m.
10:06:29 >>LINDA SAUL-SENA: I would like to suggest we take
10:06:31 that before the 1:30 but after we complete our agenda,
10:06:34 I would anticipate it would be this afternoon.
10:06:40 >>JOHN DINGFELDER: Also, another change, Madam Chair.
10:06:47 37 is -- it's a first reading, the noise ordinance.
10:06:53 But it seemed to have been scheduled -- I'm sure it
10:07:00 was some kind of oversight or something.
10:07:02 So, anyway, I don't know.
10:07:06 >>LINDA SAUL-SENA: Does it need discussion?
10:07:12 >>JOHN DINGFELDER: I'm sure it needs a lot of
10:07:13 >>MARTIN SHELBY: Did you want to make a motion now?
10:07:19 >>JOHN DINGFELDER: I'm open to suggestions, Madam
10:07:20 It's your meeting.
10:07:22 Wherever you would like to put it and have it be
10:07:26 Mr. Shelby, whatever you suggest.
10:07:28 >>GWEN MILLER: After we complete our agenda if you
10:07:30 have time before we go to break and have it there.
10:07:36 >>JOHN DINGFELDER: Whatever is your pleasure.
10:07:37 >>GWEN MILLER: You said a lot of discussion.
10:07:43 We'll dot before we break.
10:07:44 Anything else on the agenda?
10:07:46 >>MARTIN SHELBY: On the agenda, I believe wave some
10:07:52 And I also have a request for number 11, please.
10:07:58 I had an opportunity to speak with council member
10:08:01 I'm requesting a two-week continuance.
10:08:03 It's going to take a few minutes to discuss.
10:08:05 >>GWEN MILLER: Motion?
10:08:08 >>LINDA SAUL-SENA: So moved.
10:08:09 >> Second.
10:08:09 >>GWEN MILLER: Item number 11.
10:08:11 Motion to continue for two weeks.
10:08:12 (Motion carried)
10:08:14 Anything else on the agenda?
10:08:16 >>JOHN DINGFELDER: And I'd like a separate vote on 46.
10:08:34 I just want a separate vote on it.
10:08:36 And Mr. She will by actually made a good point.
10:08:40 On the noise ordinance, which is item what?
10:08:45 Madam Chair, on reconsideration, I contacted the
10:08:50 administration and our legal department yesterday, and
10:08:53 I said, you know what?
10:08:55 This is like a 30-page ordinance, you know, ordinance
10:08:58 change, it's complex, it's controversial, and as far
10:09:01 as I'm concerned, I just read it for the first time.
10:09:04 I just got it for the first time on Tuesday, because
10:09:06 it was a short week.
10:09:08 And I could really use some additional time to look at
10:09:12 it, and find out what the ramifications are of it.
10:09:15 So I'm suggesting a one-week continuance on the noise
10:09:19 ordinance to give the public an opportunity, give us
10:09:23 input, and also so we can really have a chance to talk
10:09:26 to staff and legal and find out exactly what it is we
10:09:29 are doing and changing that.
10:09:30 I'm not trying to put off enforcement on those very,
10:09:35 very important issues.
10:09:36 But I just think if we don't put this off for a week
10:09:39 it's going to end up becoming a three-hour discussion,
10:09:42 whereas I think if we put it off for a week, a lot of
10:09:44 my questions can be answered in advance, and we don't
10:09:47 have to have that exorbitant discussion with council.
10:09:50 >>ROSE FERLITA: John, I wholeheartedly agree with you.
10:09:54 It's not a matter of putting off enforcement.
10:09:57 The issue is the way it's been configured already and
10:09:59 the language, et cetera, it's not working.
10:10:01 It's not working.
10:10:02 And by looking at it and digesting it for a week I
10:10:06 think we can improve it.
10:10:08 I don't want to go through this again anytime soon.
10:10:10 Obviously from the complaints we have had and the
10:10:12 meetings that Mr. Shelby has sat in on and
10:10:16 representing us about noise ordinance issues, we need
10:10:18 to get it done, get it done better.
10:10:20 Major McNamara, who has been a great alley in terms
10:10:23 of giving me some feedback in terms of noise
10:10:25 ordinances, and George, you and I have talked about
10:10:28 And if you don't have the right tools and the language
10:10:30 is not correct, it's a revolving door and it doesn't
10:10:34 So a week certainly is not going to hurt anything.
10:10:37 And hopefully we'll improve the final product.
10:10:39 So I agree with you, Mr. Dingfelder.
10:10:41 I certainly support that motion.
10:10:42 >>LINDA SAUL-SENA: Thank you.
10:10:44 I would like staff to brief me personally.
10:10:47 I know other members would like to have an in-depth
10:10:53 I'm very surprised that it was here.
10:10:56 Prayer to next Thursday's meeting so we can walk into
10:10:58 the meeting with a greater understanding of what's
10:11:01 before us.
10:11:01 >>ROSE FERLITA: I'm sorry to interrupt you.
10:11:04 But upon saying that I did forget one thing.
10:11:07 Because of the fact that Mr. Shelby has become so
10:11:12 active in this noise ordinance thing, let's make an
10:11:14 effort to make sure if there's anything that goes on
10:11:17 this week in terms of briefing, in terms of
10:11:18 discussion, that he's paid the courtesy of being told
10:11:21 so that he can continue helping us craft what we want
10:11:24 this to be.
10:11:26 And I think that's commonly agreed upon but I wanted
10:11:28 to reiterate it.
10:11:30 >>GWEN MILLER: We have a motion and second to continue
10:11:32 item number 37.
10:11:34 Mr. Shelby.
10:11:34 >>MARTIN SHELBY: Would you wish to have that placed
10:11:37 under unfinished business or to have that on the
10:11:40 consent docket for the first reading and then have a
10:11:42 subsequent public hearing at second reading?
10:11:45 How do you want to handle this?
10:11:46 >>JOHN DINGFELDER: Leave it under unfinished business.
10:11:50 I think all of our ordinances.
10:11:53 New business or unfinished business.
10:11:55 >>GWEN MILLER: Other questions on the motion?
10:11:57 All in favor of the motion say Aye.
10:11:59 Opposed, Nay.
10:12:01 Anything else?
10:12:02 Need a motion.
10:12:03 >>MARTIN SHELBY: Council, I believe on the sign-up
10:12:07 sheet there are a couple of requests for add-ons.
10:12:14 >>GWEN MILLER: We go to our staff report.
10:12:16 Marty Boyle.
10:12:17 >>MARTIN SHELBY: This is walk-ons.
10:12:21 >>JOHN DINGFELDER: Did we vote?
10:12:24 >>GWEN MILLER: He said wait.
10:12:25 >>MARTY BOYLE: Land development.
10:12:30 I'm requesting that the council add to rezoning
10:12:34 request to the agenda, but it gets better.
10:12:37 I'm asking that you take two away.
10:12:40 Under the section items being set for public hearing,
10:12:43 or the -- by the council, I need to add V 06-14, a
10:12:52 special use 2, a request to locate 148-foot monopole
10:13:00 tower, then add a location 6001 south Himes, and then
10:13:05 a rezoning request Z 06-12 located at 902 South
10:13:10 These have already been slated for the February
10:13:13 23rd, 2006, 6:00 p.m. meeting.
10:13:16 But we could not get the legal descriptions verified
10:13:19 last week in time to get scheduled for today's agenda.
10:13:23 We had the great flood, and it kind of knocked a
10:13:26 lot -- a lot of our files were unavailable.
10:13:28 So I'm asking for those to be added --
10:13:33 >>JOHN DINGFELDER: What was the address of the second
10:13:38 >>> The second one is 902 South Dakota.
10:13:38 >>LINDA SAUL-SENA: So moved.
10:13:40 >> Second.
10:13:40 (Motion carried).
10:13:40 >>MARTY BOYLE: Then I'm asking to take two away from
10:13:44 the same section.
10:13:47 Item number 46, Z 05-40 and item number 47, Z 05-94.
10:13:56 I'm asking these be removed from agenda.
10:14:00 They have already been scheduled.
10:14:03 >> So moved.
10:14:03 >> Second.
10:14:03 (Motion carried).
10:14:06 >>JOHN DINGFELDER: Is that monopole for a radio tower?
10:14:10 >>MARTY BOYLE: Cell tower, communication tower.
10:14:16 >>GWEN MILLER: One more.
10:14:17 Sarah Lang.
10:14:25 >>> Sarah Lang, employee relations manager, department
10:14:27 of human resources.
10:14:29 I'm here on item number 6 unfinished business.
10:14:31 Council had requested that the administration report
10:14:36 on the upcoming negotiations.
10:14:39 >>MARTIN SHELBY: Are there other items?
10:14:44 Do you want to add on anything else?
10:14:48 >>> No.
10:14:49 >>GWEN MILLER: You said you wanted to add on one.
10:14:53 >>MARTIN SHELBY: I thought there was something on
10:14:54 >>GWEN MILLER: Motion to approve the agenda.
10:14:59 (Motion carried).
10:15:00 Going to unfinished business, item number 6.
10:15:05 >>> Sarah Lang: The energizer bunny.
10:15:09 We just kept going and going.
10:15:12 Sarah Lang, employee relations manager, department of
10:15:14 human resources.
10:15:15 I'm hear on item number 6 at council's request.
10:15:19 Yesterday, you were sent a memo in response to that
10:15:22 request that outlines and provides information
10:15:26 regarding negotiations this summer.
10:15:28 The city will be negotiating with representatives of
10:15:31 the west central Florida PBA.
10:15:33 They represent two unions with the city.
10:15:37 One unit represents police officers through police
10:15:40 agents and the other unit represents the lieutenant
10:15:45 As stated in the memo, they notify us approximately 90
10:15:48 days prior to the expiration of our contract, at which
10:15:51 time negotiations would commence.
10:15:54 All of our meetings are in the sunshine and duly
10:15:58 And once we reach agreement, as you all are aware, we
10:16:03 contact City Council after the employees ratify the
10:16:06 agreement, assuming that they approve an agreement,
10:16:09 then they come to City Council for ratification.
10:16:11 That's just a rough outline of what's contained in the
10:16:14 But I would be glad to answer any questions you might
10:16:16 >>SHAWN HARRISON: Sarah, there's no City Council
10:16:20 representative that serves on the negotiating board,
10:16:24 is that right?
10:16:27 >>> Lang: Well, as I understand it -- I'm not an
10:16:29 attorney but I have been working in the labor
10:16:31 relations field for many years.
10:16:34 447, the state law, provides that the chief executive
10:16:38 officer, the executive branch, negotiates the contract
10:16:42 with the union.
10:16:44 The legislative body is on the ratification end of the
10:16:48 And certainly we always attempt to represent any
10:16:51 concerns that council has.
10:16:53 We always send a memo to you all letting you know that
10:16:56 we are in negotiations, and we frequently have council
10:16:58 members contact us with specific concerns.
10:17:03 Council member Dingfelder last year contacted me
10:17:06 several times with his concerns about the general
10:17:08 employees, particular improvements to their pension
10:17:12 plan, things like that.
10:17:13 But, no, there's no formal position.
10:17:19 >>SHAWN HARRISON: The reason -- there are any
10:17:23 questions for Sarah?
10:17:24 The reason I asked for this to be on the agenda was
10:17:26 because of the very contentious issues that arose
10:17:32 during the last time that we renegotiated contracts,
10:17:35 and as we all recall, that was a difficult time in the
10:17:39 life of our city.
10:17:41 And I would just hope that if we do hear from the
10:17:45 police union this year that they want to renegotiate,
10:17:51 and we all assume that we will hear about that, that
10:17:53 we would attempt, if there's any way to do so, to
10:17:59 bring some of the issues that we encountered three
10:18:05 years ago back to bear, and if there's any way to try
10:18:11 to rectify some of those still unresolved matters that
10:18:16 we would all sit down as good-faith negotiators, and
10:18:19 with the best intentions of everyone in mind, and try
10:18:22 to solve some of those problems.
10:18:27 It gives us an opportunity that we haven't had for
10:18:31 three years, and maybe we can help heal a lot of old
10:18:37 wounds that still exist.
10:18:38 Thank you, Sarah. I appreciate your report.
10:18:40 Karen Palus, item number 7.
10:18:55 >>> Karen Palus, parks and recreation director.
10:19:00 I have handed out a map of the Ballast Point pier, on
10:19:03 item number 7.
10:19:16 You asked me to provide some information regarding
10:19:18 the -- there we go.
10:19:23 An update on the pier and the condition of the pier.
10:19:26 As many of you know, the pier on the Lambert side is
10:19:30 part of a much larger construction project at Ballast
10:19:34 park and there's many renovations that are occurring
10:19:37 there, to the entryways, to the park, the pavilions,
10:19:41 the playground area, and a modification to the land
10:19:45 ward side of the pier.
10:19:46 And I'll point that out on the map.
10:19:51 The dotted line.
10:19:53 As we were preparing for those modifications to the
10:19:56 pier to make it ADA accessible, we found that the
10:20:00 columns there, the supports, were in a condition that
10:20:05 needed some additional service and repair.
10:20:08 At this time our construction administration
10:20:09 department is working with the contractor on-site to
10:20:12 go over those piers and see what structural repairs
10:20:16 need to be done so that we can continue on with the
10:20:19 The good news is through some partnerships with
10:20:21 several different departments, and mystic Krewe, our
10:20:27 Gasparilla pirates will be safely escorted onto their
10:20:32 vessels so they can invade Tampa Bay next Saturday, so
10:20:36 more excited to be able to work with them on that, and
10:20:39 glad that could come together.
10:20:40 The overall condition of the pier, because of what we
10:20:42 have assessed through this project, we have asked our
10:20:46 previous consultants, they did a study a couple years
10:20:50 ago on the condition of the overall pier, and to come
10:20:52 back out and do an improved study, visually inspected
10:20:57 and look at some additional cost estimates. The study
10:21:00 was done two to three years ago, so we are looking for
10:21:02 some more current estimates, and then our public works
10:21:05 department will be putting in a request for '07.
10:21:13 Our '07 budget for replacement of that pier.
10:21:17 So that's the status at this time.
10:21:18 >>THE CLERK: The changes to the timer, even if it's
10:21:27 five minutes for staff report at 3 minutes it will
10:21:31 At the end of three minutes it will buzz again.
10:21:32 >>GWEN MILLER: We have a new timer and we have to get
10:21:35 used to it.
10:21:38 It was three minutes.
10:21:39 Then you still had two more minutes.
10:21:45 >>> I don't need to use those unless you have any
10:21:47 (Bell sounds).
10:21:51 >>GWEN MILLER: We are testing it on you.
10:21:57 >>> Okay.
10:21:57 The biggest piece are the 07 budget for replacement
10:22:03 that pier through the public works project.
10:22:04 >>GWEN MILLER: Any questions by council members?
10:22:07 >>JOHN DINGFELDER: Just a quick comment.
10:22:10 Received some calls about the ability of Gasparilla
10:22:14 crew to use the pier as they have traditionally to get
10:22:17 on and off the ship.
10:22:19 Even though it's closed down temporarily until we can
10:22:22 make the repairs, I'm glad to see that the city has
10:22:25 worked out those details and to allow Gasparilla to go
10:22:29 on as many of the children would like to see.
10:22:32 And children of all ages. Anyway, Karen, you have
10:22:37 done a great job on this, and on so many other issues.
10:22:40 And we appreciate your hard work.
10:22:41 Thank you.
10:22:43 >>> Thank you.
10:22:44 It took many different departments.
10:22:46 I appreciate the teamwork to make Gasparilla run
10:22:49 >>MARTIN SHELBY: Council, I apologize, I did not raise
10:22:51 these issues.
10:22:52 I was asked to do that but I did not do that before
10:22:54 the staff reports.
10:22:56 Two things.
10:22:57 Number one is I'm asked to remind council members to
10:23:00 limit their remarks on agenda items to no longer than
10:23:04 five minutes, and also that only discuss the item
10:23:07 twice if you can during the course of a subject
10:23:10 Secondly is to allow the staff to complete their
10:23:13 presentation before you ask -- hold your questions
10:23:16 until after the presentations are completed.
10:23:18 The third thing is, with the staff reports being as
10:23:22 lengthy as they are with some 17 items, there was a
10:23:24 question raised as to whether council wishes to change
10:23:27 the order of business to allow the public to speak
10:23:29 under agenda comments before you go through the entire
10:23:33 list of staff reports.
10:23:34 >>SHAWN HARRISON: Madam Chair, I do think because it's
10:23:37 likely we have another hour before we even get to
10:23:40 audience comments, that as we go through each one of
10:23:42 these, I know that there are a couple of individuals
10:23:45 in the audience that probably would have something to
10:23:46 say about one item, and then they can go.
10:23:49 So if we would go ahead and allow them.
10:23:52 >>JOHN DINGFELDER: Move to waive the rules.
10:23:56 >> Second.
10:23:56 (Motion carried).
10:23:57 >>GWEN MILLER: We are going to go to our public
10:24:01 Is there anyone in the public that would like to speak
10:24:04 to any item not set for public hearing?
10:24:06 You may speak for three minutes.
10:24:11 >>> Pete Botto.
10:24:12 (Bell sounds).
10:24:14 >>GWEN MILLER: You have three minutes when you are
10:24:19 When you hear the buzzer, you stop.
10:24:22 All right, start.
10:24:24 >>> Chief Botto, one of those who see them to retire
10:24:30 when they were youngsters.
10:24:32 I'm here representing approximately 160 retired fire
10:24:34 and police veterans and their families, on an issue
10:24:37 that came before you December 4, 2003.
10:24:41 I heard councilman Harrison turn around and mention
10:24:46 the negotiation process.
10:24:48 And I think the timing would be perfect.
10:24:52 Some of the issues that you weren't aware of.
10:24:54 Hopefully, our group can meet with you, the city
10:25:00 staff, with the relevant unions, and bring the issue
10:25:05 back up and discuss it.
10:25:07 All we are interested in, if we are wrong we'll
10:25:11 apologize and go away.
10:25:12 All we want to know is why we weren't given what we
10:25:16 were promised and guaranteed.
10:25:19 And I would ask council at this time to reconsider our
10:25:23 situation, and let us discuss it with everyone at this
10:25:33 Ding dung chief Botto, thanks for your service and
10:25:38 coming down here on this issue and every issue you
10:25:41 choose to come down.
10:25:42 You have earned it.
10:25:44 A couple years ago when this issue was in front of
10:25:46 council and with the administration, and as
10:25:48 controversial as it was about, you know, how we deal
10:25:51 with retirees and with the dropped folks -- I think
10:25:55 you were one of the dropped folks -- you know,
10:25:59 everybody always seemed to circle back to money, you
10:26:02 know, and that the city didn't have enough money to
10:26:06 accommodate this issue, and the union didn't have
10:26:09 enough money to accommodate this issue, and I haven't
10:26:14 kept up on it over the last two years like you have,
10:26:17 and I apologize for that.
10:26:19 But has anything changed in that regard from your
10:26:22 perspective over the last couple of years?
10:26:25 I know our economy has improved from 9/11 and those
10:26:30 >>> A tremendous amount has changed.
10:26:32 Understand there's a billion dollars in new permits
10:26:39 right now. The situation of the pension changed
10:26:42 I know the actuary that was up here at the time that
10:26:44 this happened told everyone in council that it would
10:26:47 take 16 years to recoup the losses from 9/11.
10:26:50 It took less than two.
10:26:52 The financial advice or Howard Boeing said the pension
10:26:57 is going to grow quickly up to $2 billion and up to
10:27:03 $10 billion.
10:27:06 I know Bonnie Wise at the time, a couple of you asked
10:27:09 her directly how much it would cost to include the
10:27:11 dropped specifically for that one year.
10:27:13 Her cost was estimate was $19 million, if you go back
10:27:17 to the tapes and look at it.
10:27:22 We are willing to bet it's one tenth that amount.
10:27:24 And what we are hoping is that your financial gurus,
10:27:29 those that you could come in, could look at the
10:27:31 situation and tell us exactly what it will cost.
10:27:35 >>MARY ALVAREZ: Chief Botto, always good to see you.
10:27:40 Looking good as ever.
10:27:41 >>> She's a politician at heart.
10:27:45 Always Alvarez chief, wasn't there a lawsuit planned
10:27:48 on this?
10:27:48 Or is it still going on?
10:27:50 >>> There's a lawsuit pending and that's the other
10:27:52 I really believe if we can sit down with all the
10:27:55 relevant parties that we can prevent a lawsuit.
10:27:56 And that's what I'm hoping can come out of this, that
10:27:59 a lawsuit will not arise.
10:28:01 >> So the lawsuit is pending but it hasn't been filed?
10:28:05 >>> As far as I know.
10:28:06 >> So it's okay for us to talk about it?
10:28:08 >>> I believe it is.
10:28:14 >> Mr. Shelby?
10:28:15 >>MARTIN SHELBY: Well, I would advise council at this
10:28:18 juncture to take comments from the public, but refrain
10:28:21 from discussing it at this time, absent legal counsel
10:28:27 with the city attorney's office.
10:28:28 This is the point to take public input and it's
10:28:31 something on the agenda.
10:28:34 I am not familiar with the fact as to whether there is
10:28:37 a lawsuit and what the status of it is.
10:28:39 Certainly if there is a lawsuit, council rules
10:28:42 prohibit you from discussing it absent your legal
10:28:46 counsel's discussion.
10:28:48 >>> And Mr. Shelby, I know there is a lawsuit by one
10:28:50 group, but this has nothing to do with that. This is
10:28:54 completely separate.
10:28:54 >>MARY ALVAREZ: Mr. Smith?
10:28:58 >>DAVID SMITH: David Smith.
10:29:00 There is not a lawsuit currently pending by this
10:29:02 Mr. Botto is correct.
10:29:04 But we have received what Pete could characterize as a
10:29:08 demand letter requesting that the city take certain
10:29:10 action, if that action is not taken, a lawsuit would
10:29:13 be the logical recourse.
10:29:14 So I still think the caution applies, even though we
10:29:18 are not currently in litigation, we may be.
10:29:24 So just please be careful.
10:29:25 >>> The one thing I hope to address his concerns, I
10:29:27 really believe if we address this at this time, we can
10:29:29 prevent any of that, save our taxpayers all the money
10:29:32 they need to run the fire department better.
10:29:38 >>ROSE FERLITA: And I understand the cautions that our
10:29:40 attorney is advising.
10:29:42 But I think what chief Botto is doing is try to create
10:29:47 some dialogue that died too soon, too fast last time.
10:29:51 And I appreciate what you're saying, Mr. Smith.
10:29:53 But if somebody comes up here in the hope that
10:29:55 something can be resolved, and at the lack of that
10:29:58 trail there's the potential that there may be a
10:30:00 lawsuit arise because of it, I don't think that that
10:30:07 should be an issue right now.
10:30:09 I think what we are talking about is actually what Mr.
10:30:11 Harrison said, to continue to dialogues so maybe if
10:30:13 there were some misunderstandings -- we can look at it
10:30:17 again and talk.
10:30:18 I think that's all that Pete is asking.
10:30:20 >>> The first time up on this thing, I was one of the
10:30:24 ones that negotiated the benefit along with Chief
10:30:26 Holder who would like to be here with me today but he
10:30:29 had a pre-appointment.
10:30:30 We know what the intent was.
10:30:32 We are more specific.
10:30:33 We didn't address council the last time and that's my
10:30:38 I wish we had brought you more up to speed.
10:30:38 But, yes, we just want the dialogue.
10:30:40 >>KEVIN WHITE: I guess I direct this to Mr. Shelby,
10:30:45 possibly Mr. Smith since he's here.
10:30:47 I had absolutely no problem revisiting this, and in an
10:30:52 attempt to appease both sides as well as save the city
10:30:55 and the taxpayers an exorbitant amount of dollars.
10:30:58 But I just wanted to know, is this the appropriate
10:31:03 Is this the appropriate venue?
10:31:06 Is the timing absolutely right at this point in time?
10:31:08 If it is, let's move on this and let's open some sort
10:31:12 of dialogue.
10:31:13 Or is there a more appropriate time in the
10:31:22 >>DAVID SMITH: Perhaps something you might want to
10:31:24 consider is to suggest or indicator instruct me, as
10:31:28 I'm also your lawyer, to meet with Mr. Wenzel to talk
10:31:33 with him about their issues, get clarity as to with
10:31:37 exactly what they are seeking, help me understand,
10:31:39 because I don't do our labor work.
10:31:40 But if you would like me to get more information about
10:31:42 this I would be happy to do so.
10:31:44 I would be happy to meet with Mr. Wenzel and see where
10:31:49 the common ground may be.
10:31:53 It may save you some time as well.
10:31:54 >>KEVIN WHITE: I move to direct our legal department
10:31:57 to work with the retirees Steven Wenzel and bring it
10:32:06 back to us and see.
10:32:10 Is 30 days -- I don't know what the two schedules are
10:32:16 But Mr. Smith and Mr. Winslow, is 30 days enough time?
10:32:26 >>> Steven Wenzel: I have the freedom to be more
10:32:27 available than Mr. Smith does.
10:32:28 >>KEVIN WHITE: Mr. Smith, is 30 days?
10:32:32 >>DAVID SMITH: Yes.
10:32:34 >>KEVIN WHITE: Motion is for 30 days.
10:32:35 >> Second.
10:32:35 (Motion carried).
10:32:36 >>MARTIN SHELBY: Just a clarification of council's
10:32:40 Council should avoid any discussion of matters at a
10:32:42 public meeting where the city is or is likely to be a
10:32:45 party litigation without the concurrence of counsel.
10:32:48 I agree with Mr. Smith, that would be my
10:32:50 recommendation exactly what he proposed.
10:32:54 >>SHAWN HARRISON: I would recommend that Mr. Smith
10:32:55 meet with Mr. Wenzel and then brief us individually.
10:33:01 It does not need to come back before this body in a
10:33:04 public meeting.
10:33:05 He can let us know what the status is and what the
10:33:07 hope is that he we might be able to get some of these
10:33:10 issues resolved.
10:33:13 >>JOHN DINGFELDER: Does that conflict with the prior
10:33:15 >>KEVIN WHITE: Just ask within 30 days that. Can be
10:33:20 Do you want me to amend my motion to say individually?
10:33:23 >>MARTIN SHELBY: Yes.
10:33:24 Because your motion requires it to come back on the
10:33:27 >>GWEN MILLER: No, he said written report.
10:33:30 >>MARTIN SHELBY: And it still appear on the agenda.
10:33:33 It would have to be received and filed.
10:33:34 >>KEVIN WHITE: I'll amend that motion to say Mr. Smith
10:33:37 can brief council members on the conversation between
10:33:41 he and attorney Steve Wenzel to brief us on the
10:33:48 demands of the other side to see if we can mitigate
10:33:51 Oops 50s.
10:33:54 >>MARTIN SHELBY: Within 30 days, not necessarily to
10:33:57 appear on the agenda.
10:33:57 >>MARY ALVAREZ: Not to appear.
10:34:00 >> Second.
10:34:00 (Motion carried).
10:34:01 >>> Botto: Thank you very much.
10:34:05 In a land related issue, I understand there's an event
10:34:08 coming up on effect 4th.
10:34:09 And the retirees group would like to thank everyone
10:34:12 for inviting us and give us a chance to help heal the
10:34:17 old wounds and reunite everyone as we were and should
10:34:20 So thanks again.
10:34:21 >>KEVIN WHITE: Mr. Smith, I hope that helps you out.
10:34:25 I know from personal experience Mr. Wenzel is a very
10:34:31 tenacious attorney.
10:34:35 >>GWEN MILLER: Would anyone else in the public like to
10:34:36 speak at this time?
10:34:37 >>JOHN DINGFELDER: I think there's another group.
10:34:44 Then there's another group.
10:34:45 >>GWEN MILLER: So they are coming.
10:34:55 >>GWEN MILLER: Go ahead.
10:34:56 >>> Good morning.
10:34:57 My name is Randy baron.
10:35:00 I reside at 217 west Comanche Avenue, president of the
10:35:03 Old Seminole Heights neighborhood association which
10:35:05 according to the Tampa Tribune now resides in South
10:35:09 You heard earlier details about the heights project,
10:35:13 in Tampa Heights.
10:35:14 That according to the Tampa Tribune is in South Tampa.
10:35:18 You are going to hear later about a project that's
10:35:20 going on in CRA district in New Tampa.
10:35:24 That resides in South Tampa.
10:35:26 And you are going to hear about our Seminole Heights
10:35:29 strategic business plan which also, according to Tampa
10:35:31 Tribune, is in South Tampa.
10:35:34 Now, I know that the Tampa Tribune is a private
10:35:39 However, it creates a public perception.
10:35:41 And when the Tampa Tribune discontinues the central
10:35:47 Tampa section and moves into a South Tampa section, it
10:35:50 creates the perception that central Tampa, Seminole
10:35:53 Heights, Tampa Heights, East Tampa, West Tampa, all
10:35:55 those neighborhoods are not important.
10:35:58 >>MARY ALVAREZ: And Wellswood.
10:36:01 >>> And Wellswood.
10:36:03 And I just want you to know that as neighborhood
10:36:06 association president, I received numerous complaints
10:36:10 that we no longer have our own section.
10:36:12 And I just want to pass that along to council.
10:36:19 Councilman Alvarez, you represent Wellswood and West
10:36:19 Councilman white, you represent Seminole Heights and
10:36:21 East Tampa.
10:36:23 The other council people represent all of that
10:36:26 And I'm just wondering whether or not council can take
10:36:28 recognition of the fact that this will have an impact
10:36:31 on the ability of these areas to attract businesses,
10:36:35 to have redevelopment projects, and I just wonder if
10:36:41 anything can be done about that.
10:36:45 If it can be said, let the Tampa Tribune know of the
10:36:49 impact of this decision.
10:36:50 >>MARY ALVAREZ: Point well taken.
10:36:52 We will certainly do our best to get to the Tribune
10:36:55 editors or whoever the powers may be there to make
10:36:58 this correction.
10:36:59 They've done this once before.
10:37:02 So they just need to be educated.
10:37:04 But thank you.
10:37:13 >>> My name is Ty hill.
10:37:16 I reside at 111 south Glenn Avenue.
10:37:19 And I'm not sure about your order here.
10:37:21 But if this is public forum, I just want to let you
10:37:24 know that items 14 and 15 on the agenda that you are
10:37:27 going to hear today regarding adult use in our
10:37:31 neighborhoods is an important issue to your citizens,
10:37:35 to your constituents.
10:37:37 I reside in South Tampa.
10:37:40 And --
10:37:43 >>KEVIN WHITE: 14 is not adult use.
10:37:47 >>> Adult use, I think it's part of your zoning code.
10:37:49 Adult use.
10:37:54 >>KEVIN WHITE: I'm just saying 14 is not about current
10:37:59 >>ROSE FERLITA: The confusion is --
10:38:03 >>> I just wanted to affirm to you that this issue is
10:38:07 important to us as citizens, it's important to us as
10:38:11 neighbors, of this business operation that's going on
10:38:15 at the corner of Kennedy and Himes Boulevard.
10:38:18 And we hope that you guys will take a stand and
10:38:21 enforce the code that we have on the books and stop
10:38:24 this sort of use ongoing in our neighborhoods, and on
10:38:28 Kennedy Boulevard, the gateway to our city.
10:38:32 Thank you.
10:38:32 >>SHAWN HARRISON: Sir, and everyone that is here to
10:38:38 talk about this issue.
10:38:39 We have gotten your e-mails.
10:38:40 We understand the problem.
10:38:41 Enforcement is not our area.
10:38:45 And I would encourage you all to make your feelings
10:38:49 known to the administration about the enforcement of
10:38:51 the ordinance.
10:38:52 >>> Thank you, Mr. Harrison.
10:38:53 We are doing that.
10:38:54 We are calling code enforcement.
10:38:55 We are calling the neighborhood office.
10:38:58 We are calling the mayor's office.
10:38:59 But we want to encourage you guys as well, as our
10:39:04 representatives, to make sure that the administration
10:39:06 knows this is an important issue.
10:39:07 (Bell sounds).
10:39:09 >>SHAWN HARRISON: We will.
10:39:10 Thank you.
10:39:10 >>MARY ALVAREZ: Thank you for bringing this up.
10:39:13 Unfortunately, item 15 will not be heard today.
10:39:15 >>GWEN MILLER: Mr. Smith has something to say.
10:39:22 >>DAVID SMITH: I believe legal may have sent awe
10:39:25 request not to have too much discussion about 15.
10:39:28 The reason is we are alert to the issue.
10:39:31 It is a very important issue.
10:39:33 But we want to make sure that we do things correctly,
10:39:35 that we gather the evidence correctly and that we
10:39:38 proceed consistent with our code.
10:39:39 Because the last thing we want to do is provide an
10:39:41 opening to allow businesses that may be under our code
10:39:44 to continue to operate, allow them to operate because
10:39:46 we don't proceed properly.
10:39:48 So we are going to make sure the person who assists us
10:39:50 in litigating all adult use cases is Rick Bate, has a
10:39:58 record of success in circuit court.
10:40:00 We want to continue that success.
10:40:02 That you proceed correctly.
10:40:04 Because you get into these first amendment areas.
10:40:06 Whether you think it's a first amendment issue or not,
10:40:08 the courts do.
10:40:09 So we are very alert to this.
10:40:11 And we are proceeding and will proceed as rapidly as
10:40:15 we can.
10:40:16 There's more institutions than just this one that we
10:40:19 are log at right now that have a very similar
10:40:22 >>ROSE FERLITA: Mr. Smith, in light of the fact that
10:40:25 we've two issues, your advice for us not to have any
10:40:28 kind of dialogue, and at the same time obviously
10:40:31 feeling the concerns of the neighborhood.
10:40:34 Just briefly spoke with an attorney.
10:40:41 What can they do in the meantime?
10:40:42 You're advising us not to do anything that would
10:40:46 jeopardize what the administration is doing.
10:40:48 Sometimes a neighborhood feels as though they need to
10:40:51 do something, obviously, if their neighborhood is
10:40:54 experiencing something that they don't like.
10:40:56 I mean, what can we do to have the dialogue continue,
10:40:59 and not at the same time jeopardizing anything that
10:41:02 you're doing?
10:41:03 Because I know where they are coming from.
10:41:05 >>DAVID SMITH: Two things.
10:41:08 Probably the most important thing is exactly what they
10:41:09 are doing today.
10:41:10 They are bringing this to your attention.
10:41:12 It has been brought to our attention, has been brought
10:41:15 to the police department's attention.
10:41:16 Our zoning department's attention.
10:41:18 And we are proceeding with all appropriate haste to do
10:41:24 what we can to make sure our zoning code is properly
10:41:27 and consistently enforced.
10:41:28 And we will do that.
10:41:29 I would suggest that if they have a spokesperson, I
10:41:32 would be happy to speak with that spokesperson
10:41:34 periodically, let them know as much as I can about
10:41:38 what ware doing so they will know we are proceeding in
10:41:41 haste with their concerns.
10:41:42 >>ROSE FERLITA: I think some of the comments I have
10:41:44 gotten from some of the other neighbors -- and I'm not
10:41:47 trying to make your selection for you -- is it okay
10:41:49 that Mr. Tibbles take that position?
10:41:52 And did you want to say a couple words?
10:41:56 >>> Laura: I'm happy to engage in dialogue with Mr.
10:41:58 Smith and with the council members here today about
10:42:01 this issue.
10:42:02 I want you to understand, a little bit about our
10:42:05 We live in gray gables.
10:42:06 There are 120 homes within our community.
10:42:09 It's a small enclave that we have worked very hard to
10:42:12 develop, as a safe and secure neighborhood for our
10:42:16 families, all of whom are very hard working.
10:42:18 And I want you to understand -- and we invite to you
10:42:22 come by.
10:42:22 We have a fabulous enclave.
10:42:24 It is an oasis that we have created, through our hard
10:42:28 work and our hard efforts as neighbors.
10:42:30 If you come by this afternoon, you will probably see a
10:42:33 dozen or so children playing in their fro front yards,
10:42:36 playing football, playing basketball, playing soccer.
10:42:39 You will see children walking their dogs in groups
10:42:42 You will see what makes our neighborhood so incredibly
10:42:47 And you will understand why this type of enter praise
10:42:51 opening a stone's throw away from our front doors is
10:42:55 such a critical issue.
10:42:56 This is an issue of safety.
10:42:58 It's an issue of security.
10:42:59 Not to mention the numerous illegal activities that
10:43:03 could be going on in other zoning violations.
10:43:06 This council is really the only group that we can come
10:43:10 to, to voice our concerns.
10:43:12 That's the reason that we are here today.
10:43:15 I invite you to come by to some of our other events
10:43:18 that we have.
10:43:18 The Fourth of July, the children put on a Fourth of
10:43:20 July parade.
10:43:22 They decorate their wagons, and their bikes and their
10:43:25 roller blades, and they parade around the circle.
10:43:28 They are proud.
10:43:28 It's an all-American family value-type place that
10:43:34 we've worked very hard to create.
10:43:36 And I hope that all of you will do everything that you
10:43:38 can to help our efforts to stop this type of business
10:43:42 from literally not only opening, but operating so
10:43:46 close to where our children are being raised.
10:43:48 It's a place where we know each other's names, we know
10:43:52 the names of the children next door and around the
10:43:55 block and we know the names of their cats and dogs and
10:43:58 the council hermit crab that somebody might adopt.
10:44:01 I just encourage you and ask that you do everything
10:44:03 that we can.
10:44:04 And please let us know what we can do to help you.
10:44:07 Because we want this to be an effort together.
10:44:09 And it's an important issue, not just for our
10:44:12 neighborhood but for the city.
10:44:14 Thank you very much.
10:44:15 And if there's anything that we can do, please call
10:44:17 upon us.
10:44:17 We're here to help you.
10:44:19 And we hope that you will be the same with us.
10:44:24 >>JOHN DINGFELDER: Thank you for those words.
10:44:26 And I'm very familiar with your neighborhood.
10:44:28 And it's a great neighborhood.
10:44:32 Obviously, you know, the city has certain legal things
10:44:35 that Mr. Smith has indicated that we can pursue, and
10:44:39 Mr. Smith indicates we are pursuing with various
10:44:43 investigations, I'm sure TPD, code enforcement and any
10:44:46 other appropriate agency.
10:44:51 I don't want to send you all off into the abyss and
10:44:56 say we are working on it because I think people get
10:44:59 very frustrated with the government when they hear
10:45:02 So I think the better thing to do would be to ask Mr.
10:45:05 Smith when an appropriate time frame would be for a
10:45:07 report back from his office, and Mr. Smith and his
10:45:10 office can consolidate the various efforts of TPD and
10:45:13 code enforcement and anybody else who is working on
10:45:16 this, and get back with us and make a public report,
10:45:18 and you all can come and listen, and listen from home
10:45:21 or what have you, and give us more input.
10:45:23 And David, what would you think about 30 days just for
10:45:26 a preliminary -- or 60 days maybe for a preliminary
10:45:31 >>DAVID SMITH: As of yesterday, I know we were
10:45:32 scheduling a meeting with Mr. Fee to talk about this
10:45:35 And to determine exactly how to proceed.
10:45:39 I would suggest we touch base this week, no later than
10:45:43 the end of a week from tomorrow.
10:45:45 And I'll let you have my card.
10:45:47 Please call me.
10:45:48 >>JOHN DINGFELDER: But in terms of reporting back to
10:45:51 >>DAVID SMITH: Reporting back to council I would say a
10:45:53 month would be plenty.
10:45:54 Hopefully we'll have something sooner.
10:45:57 Depending upon the sensitivity issue, I want to brief
10:45:59 you instead one on one.
10:46:00 >>JOHN DINGFELDER: That's fine.
10:46:02 Then you can come to the public and tell the public
10:46:04 whatever you can.
10:46:05 So 30 days would be my motion then.
10:46:07 >>MARY ALVAREZ: Second.
10:46:10 >>MARTIN SHELBY: I would suggest you hold that motion
10:46:14 until you do number 15.
10:46:19 >>KEVIN WHITE: The gentleman, I apologize, I didn't
10:46:21 know your name.
10:46:22 When you came up and you said that you don't know of
10:46:24 any other forum, you have been talking to
10:46:27 administration, you want to make sure your voice is
10:46:30 heard. This is exactly what you need to do.
10:46:32 And I applaud you for your efforts, because you as a
10:46:35 group of citizens, you as a group of neighbors, this
10:46:38 shows the council that there is a collective mode, and
10:46:40 there is unity within your neighborhood, and either
10:46:45 you want something or you don't.
10:46:47 But as Mr. Smith said, wave to tap downs around this
10:46:52 delicately for legal reasons.
10:46:54 But what I would like to do, Madam Chair, if we could,
10:46:58 for their benefit as well as something else possibly,
10:47:01 I'd like to see if we could go to 14 and 15 and
10:47:04 possibly open that for this reason, because the same
10:47:07 owner that you thought was an adult use, but the same
10:47:10 owner is involved in 14 and 15.
10:47:15 And I'd like to hear TPD's report, the code
10:47:17 enforcement's report, and then I would also like to
10:47:20 put something on the record because I had a meeting on
10:47:22 yesterday with the owner.
10:47:24 And I would like -- not about 15, but about 14.
10:47:28 I didn't realize until this morning 15.
10:47:32 >>> Yes, we appreciate the opportunity to be here.
10:47:34 >>MARTIN SHELBY: Just to clarify council's rules on
10:47:40 the order of business -- and however council wishes to
10:47:43 do it that's fine. The intention at this point in
10:47:45 time is to allow people to speak for three minutes on
10:47:49 items that are on the agenda, and then rather than
10:47:51 have a dialogue to maybe reference back to that at the
10:47:56 time the item is brought up in the agenda but to not
10:47:58 necessarily have the items come brought up
10:48:03 So if council wants to put it on now, council has that
10:48:07 The intention at the time that this was drafted was
10:48:09 just to hear at the early stages of the agenda, to
10:48:12 allow people to give their input on items on the
10:48:15 agenda, and then taking that, they can choose to stay
10:48:18 or not, but then take that into account when items are
10:48:21 heard by the staff.
10:48:22 Council can take official action after having heard
10:48:26 from the public.
10:48:27 >>KEVIN WHITE: What I intend, Mr. Shelby -- and this
10:48:31 particular group, I could be wrong -- I think they are
10:48:33 done with their three minutes.
10:48:34 But my intent was to let them hear TPD and code
10:48:38 enforcement's report on basically the same owner, and
10:48:43 what has been -- what been brought to the forefront at
10:48:46 this point in time so they could hear about 14.
10:48:49 And then I'll give my two-minute dissertation about my
10:48:52 meeting on yesterday, and then they can kind of see
10:48:55 maybe what we're dealing with and how they may want to
10:48:58 proceed in the future.
10:48:58 >>MARTIN SHELBY: So your motion --
10:49:05 >>KEVIN WHITE: To hear 14 and 15.
10:49:07 Well, 15 they have already talked about.
10:49:10 >>MARTIN SHELBY: Well, 15 really hasn't been
10:49:13 It hasn't been called on the agenda.
10:49:14 >>KEVIN WHITE: Not on the agenda.
10:49:16 >>GWEN MILLER: We haven't had the administration talk
10:49:19 about it yet.
10:49:21 >>MARTIN SHELBY: So is that a motion?
10:49:23 >>KEVIN WHITE: Well, the motion for code enforcement
10:49:26 to talk about both 14 and 15.
10:49:28 >>GWEN MILLER: If you want to move it up on the
10:49:31 >>ROSE FERLITA: But since they are different issues, I
10:49:34 don't know that this is -- shouldn't we give this
10:49:40 neighborhood the opportunity to talk about what they
10:49:41 want to talk about?
10:49:43 Then have 14.
10:49:43 And if code enforcement wants to talk about both at
10:49:46 the same time, fine.
10:49:47 But I think the issues are different.
10:49:48 >>MARTIN SHELBY: My advice to council would be, rather
10:49:52 than engaging in a dialogue, I don't believe it was
10:49:55 ever anticipated that this period of the agenda would
10:49:57 be a dialogue for the public.
10:50:00 The period of time when the public on anything on the
10:50:02 agenda has three minutes to discuss, however number of
10:50:06 items they wish to discuss, give the input to the
10:50:08 council, which they will then maybe perhaps reference
10:50:11 later on if council so chooses, have the opportunity
10:50:13 of the public to speak, in its entirety, and then go
10:50:17 through the agenda without having to go back and
10:50:20 So this is the opportunity for the public to speak.
10:50:24 >>KEVIN WHITE: I don't mind taking them separately but
10:50:26 we've code enforcement here, TPD here, we have a great
10:50:28 amount of neighborhoods here that they may be here
10:50:31 well after 12:00.
10:50:32 >>MARY ALVAREZ: Then let's finish up the agenda and
10:50:34 then go to staff report and then we can move them up.
10:50:38 Oh, I thought we finished.
10:50:42 >>MARTIN SHELBY: Council, again, this is council's own
10:50:45 But my recommendation to council, my recommendation to
10:50:48 council would be to not engage in a dialogue with the
10:50:52 public during agendaed public comments.
10:50:54 >>ROSE FERLITA: Mr. Shelby, we understand their issue
10:50:58 and they know we are supportive of it.
10:51:00 But you have seven people up there.
10:51:01 Let's give them their due opportunity to speak.
10:51:04 We digest it.
10:51:05 And we already appointed Laura as the point person and
10:51:10 at least they have the opportunity to reiterate what
10:51:12 they want to hear and I don't think that violates
10:51:16 anything Mr. Smith is telling us not to do.
10:51:18 >>GWEN MILLER: Come back to the mike.
10:51:20 You are going to be the point person?
10:51:22 >>> Laura: I am happy to serve in that capacity.
10:51:25 We have 120 houses in our neighborhood: And I'm happy
10:51:30 to do that.
10:51:31 We had a number of people here this morning that have
10:51:35 since left.
10:51:35 I'm not sure that any of the folks that are remaining
10:51:36 would care to address you all at this point but I
10:51:38 defer to them.
10:51:39 >>GWEN MILLER: Okay.
10:51:40 And Ms. Ferlita is our public safety chair.
10:51:42 Would you mind contacting her?
10:51:44 >>> I would be happy to.
10:51:45 Just so you all know, the reason this became an issue
10:51:48 was because the week after the holiday, many of us
10:51:51 left our homes to pull onto Kennedy Boulevard and were
10:51:54 faced with the bold phrase, hiring strippers, on the
10:51:58 sign, right on our corner.
10:52:01 You know, our children are asking, mom, dad, what does
10:52:04 that mean?
10:52:05 You know, the next day the sign was replaced with one
10:52:07 that said "gentleman's club, eleven to three."
10:52:11 You know, at the time I thought to myself, oh, this
10:52:14 can't possibly be permitted to open.
10:52:16 Someone will put a stop to the and we won't have to
10:52:18 worry about it.
10:52:19 >>GWEN MILLER: Call Ms. Ferlita.
10:52:25 >>> Lauren: Believe me, I will.
10:52:26 >>ROSE FERLITA: After we finish we can exchange
10:52:31 >>> I appreciate you all considering this issue and
10:52:33 taking it very importantly the way we are as well.
10:52:35 >>GWEN MILLER: Thank you for coming and bringing to
10:52:37 the our attention.
10:52:38 >>> We would like to hear whatever report is on this
10:52:41 >>CHAIRMAN: You are welcome to stay.
10:52:44 Would anyone else from the public like to speak?
10:52:47 We are going to go back to our staff reports.
10:52:51 Item number --
10:52:54 Do you want to speak?
10:52:55 I'm sorry, come on.
10:52:59 >>> I was told this was the time to come.
10:53:01 This is item number 26.
10:53:04 Each month Old Hyde Park Village gives a charitable
10:53:11 organization the opportunity to raise funds for
10:53:14 And I'm here on behalf of academic excellence
10:53:18 foundation doing business as --
10:53:22 >>GWEN MILLER: What number was that?
10:53:24 >>> Number 26.
10:53:25 I'm sorry.
10:53:27 I'm hear on behalf of academic excellence foundation,
10:53:30 which does business as Bishop eat if on school which
10:53:35 has been given an opportunity by Old Hyde Park Village
10:53:38 to be the charity organization hosting one of their
10:53:41 events, and we are able to raise money by serving wine
10:53:45 at their jazz event that takes part on the 3rd
10:53:51 Friday of each month.
10:53:52 And the event that we'll be doing will be the third
10:53:56 Friday of March, which will be March 17th, and we
10:53:58 are just asking that the wet zoning permit be passed
10:54:02 by council.
10:54:02 >>GWEN MILLER: We appreciate that.
10:54:04 >>MARY ALVAREZ: What's your name?
10:54:08 >>> Robert Dietz.
10:54:10 >>GWEN MILLER: We will consider that.
10:54:12 Would anyone else from the public like to speak?
10:54:16 >>> My name is Suzanne Preer, Suwannee Avenue in Old
10:54:25 Seminole Heights, here on agenda item number 12, when
10:54:29 Tony Garcia of the Planning Commission will appear to
10:54:32 present to you the Seminole Heights business district
10:54:36 strategic plan.
10:54:38 I'm here on behalf of the new business organization in
10:54:42 Seminole Heights, the business guild of Seminole
10:54:50 We have had two meetings.
10:54:52 And we have had good attendance at both meetings.
10:54:54 We have initial statement forms.
10:54:58 We have our bylaws almost formed.
10:55:00 Tonight we'll be getting our first members.
10:55:03 We are very much in favor of this plan, and in fact we
10:55:08 have firmed our organization -- formed our
10:55:12 organization based on this plan, our economy structure
10:55:14 is formulated to put this plan into motion.
10:55:19 So I just wanted to let you know that all the
10:55:22 neighborhoods of Seminole Heights are very much in
10:55:24 favor of the strategic business plan.
10:55:27 Thank you.
10:55:27 >>GWEN MILLER: Thank you.
10:55:34 >>> Good morning.
10:55:35 My name is Shannon Davis.
10:55:37 And I'm here for item number 18.
10:55:40 I'm the parent resource association representative to
10:55:43 the Board of Directors of the back to basics charter
10:55:46 school foundation incorporated, which governs terrace
10:55:49 community middle school.
10:55:50 >>MARTIN SHELBY: Point of order.
10:55:56 Just to bring to council's attention, this is an issue
10:55:58 that is the subject of a public hearing that was
10:56:02 closed last week.
10:56:04 Council is going to take it up under staff reports.
10:56:07 I should point out that anything that is brought to
10:56:11 your attention now is not during the public hearing,
10:56:15 which therefore cannot be considered as evidence.
10:56:18 So my suggestion would be if council wishes to, it can
10:56:22 do one of two things.
10:56:24 If she wishes to speak, I would recommend against it
10:56:26 because it really has moo No weight because it's not
10:56:29 done during a public hearing, it cannot be taken as
10:56:32 So council could either choose to reopen number 18 at
10:56:37 the time it's taken if they wish to take testimony, or
10:56:40 they can pass it at first reading and again it comes
10:56:43 back in two weeks for public hearing when additional
10:56:47 testimony can be taken.
10:56:48 So it's ultimately council's choice at that point.
10:56:50 I just want to bring to council's attention and
10:56:53 speaker's attention that what she says now has no
10:56:55 weight and cannot be taken as evidence.
10:56:57 >>GWEN MILLER: Do you understand, ma'am?
10:57:00 >>> Yes.
10:57:01 >>GWEN MILLER: You can come back in two weeks when we
10:57:03 have it for public hearing and express your views
10:57:07 >>> Thank you.
10:57:07 >>GWEN MILLER: Next.
10:57:09 >>> Good morning.
10:57:11 I'm Anna Lisamyer, and I'm here representing my
10:57:19 neighbors on number 17.
10:57:22 I will not make any public comment at this time but I
10:57:22 do represent the board of Parkland Estates.
10:57:25 I'm also the crime watch coordinator.
10:57:27 And I am block captain for Bristol Avenue.
10:57:30 Thank you.
10:57:30 >>GWEN MILLER: Thank you.
10:57:32 >>> My name is Paul Gordon Goodman, 323 Palm Avenue.
10:57:37 I'm here to talk about item 29.
10:57:39 And it's a rezoning, I think.
10:57:42 Building and zoning preservation committee.
10:57:44 That's for the Tampa Heights eminent domain
10:57:48 Initially the negotiations.
10:57:50 >>GWEN MILLER: Can he talk about that?
10:57:55 >>LINDA SAUL-SENA: Sure.
10:58:07 >>JOHN DINGFELDER: We didn't pull it.
10:58:11 >>> Already approved that one?
10:58:12 I would just like to state that I have an interest in
10:58:17 over 16 years, and you all, back in November, passed a
10:58:21 resolution -- a resolution on selling land based on
10:58:26 old appraisal, okay, that eminent domain would be
10:58:31 under new appraisal.
10:58:32 It's my perspective that the appraised value may not
10:58:35 reflect the future interest in the present value,
10:58:37 And I'm not interested in selling to a private
10:58:44 I purchased the land in conjunction with some other
10:58:47 friends that bought properties, and resold, and did
10:58:49 very well, made over $200,000 on like 7500 bucks in a
10:58:53 little over five years.
10:58:55 But my sister and I, you know, we bought our land for
10:58:58 the purpose of living there.
10:59:00 And I think that I should have the same opportunity to
10:59:05 live in that area as the developer that's going to
10:59:07 build houses for somebody else to live there.
10:59:11 I was there before the developers.
10:59:13 And I'm not interested in negotiating further.
10:59:17 They are not willing to pay me the equivalent amount
10:59:19 of what they paid to purchase the house and move the
10:59:22 house for the land value.
10:59:25 They offered me half the value.
10:59:29 I think it's a great project.
10:59:30 I support Bill Bishop has done some great work in a
10:59:35 better place out in Hillsborough County.
10:59:37 We are looking at an area where the consultant has
10:59:40 been hired, is developing probably the three premium
10:59:44 products in the United States.
10:59:46 Governor's island, seaport marina, and Long Beach, and
10:59:50 then the Grand Central project out in Los Angeles,
10:59:53 which is redevelopment.
10:59:54 I think we have a great opportunity here.
10:59:57 But I think that it shouldn't be taking private money
11:00:03 to fund the public purpose where the City Council has
11:00:06 previously sold land well below market value, under
11:00:10 appraisals, for private development, okay, and it was
11:00:14 stated that there was no public purpose for having
11:00:18 that land for city ownership to continue.
11:00:21 So city taking ownership of land for public purpose,
11:00:25 eminent domain, states necessity, okay?
11:00:28 I don't see the necessity of taking my property.
11:00:33 And while as I negotiated in God faith for a price
11:00:37 that I would be willing to sell that I could have a
11:00:39 house in a nice place to live, you know, and I can't
11:00:42 match what the future opportunities is going to be
11:00:45 there unless I stay there and build my new house like
11:00:48 my original plan was over 16 years ago.
11:00:50 So I'm not in favor of eminent domain proceedings.
11:00:54 Thank you.
11:00:54 >>GWEN MILLER: Mr. Dingfelder?
11:00:56 >>JOHN DINGFELDER: Well, question.
11:01:01 You answered one of my questions.
11:01:02 You bought this property, vacant property, or just
11:01:05 dirt right now?
11:01:07 >>> Purchased four vacant properties.
11:01:11 In the section of the Tampa Heights development.
11:01:13 >> And you bought it 16 years ago?
11:01:14 >>> I purchased mine before the development in eminent
11:01:17 domain before there was any 2015, 2010 plan, whatever.
11:01:22 >> When did you buy it?
11:01:23 >>> In 1989.
11:01:24 The last day of the tax year of 1989.
11:01:27 >> Okay.
11:01:27 And you say that it's been your intent to build
11:01:30 something on it?
11:01:31 >>> It's always been my intent.
11:01:34 I moved away from Tampa Heights to Hyde Park for
11:01:38 And you all know some of my history with the code
11:01:40 enforcement where I have had my property stolen from
11:01:42 me, the money taken, et cetera.
11:01:44 >> Okay.
11:01:45 >>> There's no way I am going get that back from this
11:01:47 piece of property.
11:01:48 >> Just answer my question, please.
11:01:49 I don't want to take everybody's time.
11:01:51 But you have had 16 years to build something on it and
11:01:56 you haven't built anything yet.
11:01:58 >>> I bought it with the intent that I would make 100
11:02:00 grand on a $500 investment over a 20-year time, and
11:02:04 it's well exceeded that probability.
11:02:06 But I really bought it with the intention to live
11:02:09 there in the future.
11:02:10 I moved to Hyde Park because it's a better place to
11:02:12 live at the time.
11:02:13 This is my future place and I would like to own the
11:02:15 property and develop it.
11:02:16 And the City Council has said that that's the intent,
11:02:18 is to allow the initiative for private development
11:02:22 That's your stated intent.
11:02:25 And passed at CRA just a couple months ago.
11:02:30 >>ROSE FERLITA: Don't get nervous, Mr. Shelby, but I
11:02:38 want to thank Laura for coming forward and be the
11:02:41 speaker for gray gables.
11:02:42 Otherwise, I want to tell through was another neighbor
11:02:47 we might have had to deal with and I want to
11:02:47 acknowledge, and Mark Sharpe is outside, and he is a
11:02:51 neighbor as well.
11:02:51 I want to thank you for coming down for moral support.
11:02:54 But as usual, county commission, he's late.
11:02:57 You see?
11:03:00 I thought you might want to stick your head in and say
11:03:04 >>> Thank you very much.
11:03:05 >> We have it under control.
11:03:06 We have wonderful people that came and represented
11:03:07 your neighborhood.
11:03:08 So thanks, mark.
11:03:11 >>GWEN MILLER: Would anyone else like to speak from
11:03:13 the public?
11:03:14 We are going back to our -- you spoke.
11:03:17 You cannot speak.
11:03:19 >>> It's another agenda item.
11:03:22 Can I speak on another agenda item?
11:03:23 >>GWEN MILLER: One shot.
11:03:24 >>MARTIN SHELBY: Any items on the agenda.
11:03:27 >>> Any items on the agenda.
11:03:27 >>GWEN MILLER: One time.
11:03:29 Just one shot.
11:03:31 We are going back to our unfinished business item
11:03:33 number 8.
11:03:34 Mr. Scott.
11:03:44 >>> My name is Harris Scott, Tampa code enforcement.
11:03:51 I'm here to speak reference to staff reports on
11:03:54 unfinished business items 8, 9, 10 and item number 14.
11:04:04 And I understand some of the folks in the audience are
11:04:06 waiting so we'll just take them in order that's given.
11:04:09 8 and 9 is lumped together.
11:04:12 8 and 9 are items of the same complaint.
11:04:18 I believe you have this in your package.
11:04:20 On January 17th, '06, I met with the code
11:04:24 enforcement staff of the Milton high school, after
11:04:28 surveying the area of 2619 east Curtis, who gave us
11:04:32 the area complaint in regard to area overgrowth, and
11:04:38 trees in the neighborhood, in the catch basin along
11:04:41 with the CSX railroad tracks.
11:04:45 Inspections revealed that CSX property, you have
11:04:49 pictures there, city property and private properties
11:04:53 have been cleaned and a baited to include the catch
11:04:56 I met with the Middleton vice principal Joe Reid and
11:05:01 viewed the citations on the school property.
11:05:03 They resolved those issues, and they were all taken
11:05:06 care of.
11:05:07 There's an adjacent event that young folks in the
11:05:12 school there just keep damaging the fence on the east
11:05:14 side of the railroad tracks -- on the west side of the
11:05:18 railroad tracks at Middleton.
11:05:20 And as soon as they fix it, there's a need for the
11:05:22 young folks, I think, to go back and forth in there
11:05:25 for whatever purposes at night.
11:05:26 So I have gotten with the Parks Department, Mr.
11:05:29 Carter, and they are going to resolve that issue for
11:05:31 us in the very near future by repairing the fence.
11:05:36 I met with Mr. Michael farmer who gave us the initial
11:05:39 I believe he's here today reference to the overgrowth
11:05:42 catch basin CSX railroad tracks and all that, and they
11:05:47 have all been abated.
11:05:48 It's all been resolved and I'm glad to report on this
11:05:51 beautiful day in the great City of Tampa, not the next
11:05:54 great city, the great City of Tampa, that is item 8
11:05:58 and 9.
11:06:01 That isn't going to hold council too long.
11:06:02 >>GWEN MILLER: Any questions by council members?
11:06:06 >>JOHN DINGFELDER: Appreciate all the work.
11:06:07 >>GWEN MILLER: Next one.
11:06:09 >>> Item number 10 is the Gary adult school, code
11:06:13 enforcement department investigated the property known
11:06:15 as the Gary adult center at 3606 east 10th Avenue.
11:06:19 The property is under the jurisdiction of the
11:06:22 Hillsborough County school board.
11:06:24 The old school is not being used and is for sale.
11:06:28 The property is secured by chain link fence.
11:06:33 The property until about a year ago met the board of
11:06:35 education criteria for a functioning school and was
11:06:38 closed down when it was determined it did not meet
11:06:41 that criteria.
11:06:43 The jurisdiction concerning repair and upkeep of
11:06:45 property has been with the Hillsborough County board
11:06:49 of education and not the City of Tampa.
11:06:52 And we all know now that state and county government,
11:06:57 they maintain that property.
11:06:59 But we have checked and made sure that it is secured.
11:07:02 >>LINDA SAUL-SENA: Well, no.
11:07:05 But what about code enforcement violations?
11:07:08 >>> No code enforcement violation.
11:07:10 >> But I checked yesterday with the attorney who
11:07:13 represents the city in code enforcement, Jorge Martin.
11:07:18 There are.
11:07:19 >>> We would like to review that now.
11:07:21 The county property and state property is inspected by
11:07:25 those municipalities.
11:07:27 >> No. The rules have changed.
11:07:28 I checked with Jorge -- I don't mean to be
11:07:30 contradictory, Mr. Scott.
11:07:32 I'm sorry.
11:07:33 Maybe what would be most productive if we could get
11:07:35 Mr. Martin down here.
11:07:36 >>> And that report, he's supposed to be here to give
11:07:40 testimony I believe on that relevant to this.
11:07:42 >> Well, maybe he's listening on TV and he can come
11:07:49 >>ROSE FERLITA: Maybe you can go to the next one.
11:07:52 >>> At this time I will give awe report on number 14,
11:07:53 Gene's Bar.
11:07:54 Here again, it's the exterior problem.
11:07:57 Area complaints pertaining to Gene's Bar.
11:07:59 Gene's bar itself is not at this time in violation of
11:08:02 any code violations.
11:08:05 There are 25 cases right now presently closed at the
11:08:11 total of 30 surrounding buildings, alleys were cited
11:08:15 within the past month.
11:08:18 Of 30, 25 have been complied with.
11:08:19 Five cases have been followed by the Code Enforcement
11:08:23 Board which will be heard in the very near future,
11:08:26 placed on the agendas.
11:08:28 But from our staff, they have been furthered to that
11:08:30 particular step in the process of code compliance.
11:08:35 But the surrounding problems have been abated, and as
11:08:37 you know, they would have to go back and re-cite. The
11:08:44 park lots north and south have been fenced off.
11:08:47 There are some no parking signs there so there will
11:08:50 not be any illegal parking on rights-of-way this type
11:08:54 of thing.
11:08:55 We are working with Tampa Police Department to get rid
11:08:58 of that situation as they park on the right-of-way.
11:09:00 We expect stow to see more signs in the very near
11:09:02 future by transportation department.
11:09:05 >>GWEN MILLER: We are going to hear from TPD?
11:09:10 Let's hear from them now.
11:09:19 >> Captain Honeywell, Tampa Police Department,
11:09:25 In reference to Gene's Bar, he has -- there have been
11:09:28 some subtle changes, as Mr. Scott mentioned.
11:09:30 The fenced-in area just south of the building.
11:09:35 He has lately closed an hour earlier.
11:09:39 I think we talked about and discussed an event that
11:09:42 happened, a shooting that occurred there.
11:09:46 That in my opinion could occur at any bar.
11:09:50 The problem is, the entire area.
11:09:55 Not only Gene's Bar, but the surrounding community.
11:09:59 We have some drug activity that occurred which we are
11:10:03 correcting right now.
11:10:06 >>GWEN MILLER: You have three Missouri more minutes.
11:10:08 >>> I would just like you to know that in rainbow
11:10:10 height, a community north of there, we are running an
11:10:13 initiative called TPD setting up shop.
11:10:15 That initiative would be moved to that particular area
11:10:19 right there, 22nd and Mallory.
11:10:22 And we have seen some pretty good results from that
11:10:25 And we hope we will clear that problem there in that
11:10:29 >>GWEN MILLER: You say they closed early.
11:10:32 What are the hours?
11:10:35 >>> To 3 a.m.
11:10:37 He used to close at four.
11:10:39 At two, I'm sorry.
11:10:40 >> What time do they open?
11:10:42 >>> He's open usually by noon.
11:10:44 >> So from noon to three.
11:10:46 From noon to three a.m.
11:10:47 And now close in to 2 a.m.
11:10:50 >>> He's closed an hour earlier.
11:10:52 >> That's late.
11:10:53 >>> And we also assist him in getting the patrons out.
11:10:56 And he has two security guards.
11:11:00 >>KEVIN WHITE: Madam Chair, thank you.
11:11:03 One of the other people to stay that were here for 15,
11:11:07 I just want to put on the record, Mr. Shelby, I did
11:11:09 meet yesterday to actually discuss this particular
11:11:17 Mr. Osteen as the owner of the establishment, of
11:11:23 course, feels that, in certain retrospect, that his
11:11:29 structure and his business is a contributing factor to
11:11:37 some of the problems in the community.
11:11:40 But he also feels wholeheartedly that he's not the
11:11:43 only problem.
11:11:46 As you stated there are several problems in the
11:11:49 And the great majority of the calls, I don't know if
11:11:53 you can verify, don't even have on the property but
11:11:57 they are across the street, things of that nature.
11:11:59 But the good news to all of that is, as we said, the
11:12:04 surrounding areas have been completely fenced off so
11:12:07 that people that are driving and parking, that
11:12:09 probably eliminates probably about 25 to maybe even 30
11:12:12 cars, so people can't go there now.
11:12:16 Mr. Osteen, I know it doesn't seem like much of an
11:12:21 overt gesture to close an hour earlier, but that's a
11:12:24 revenue source that he doesn't have to do, and that's
11:12:27 not even direction coming from council.
11:12:29 He's trying to make some sort of amenable effort.
11:12:33 But even better than that, he's committed to stepping
11:12:38 up the security as well as contemplating contacting
11:12:45 TPD at this time to hire several off-duty police
11:12:47 officers that will either curtail -- because all of
11:12:52 the activity doesn't happen in the bar.
11:12:55 It's all of the gathering, all of the hanging out,
11:12:59 outside, and in the surrounding areas.
11:13:01 I don't know under application, I don't know the
11:13:05 process any longer.
11:13:06 I don't even know if that would qualify.
11:13:08 But TPD does.
11:13:10 Three or four police officers after six or seven at
11:13:13 night, I think that will help curtail not only the
11:13:15 activities at his particular establishment, but
11:13:20 throughout that entire neighborhood.
11:13:21 If you see four police cars parked on either corner
11:13:24 around that particular intersection, as well as four
11:13:27 uniformed officers continually patrolling that main
11:13:32 thoroughfare of 22nd, these are some of the
11:13:36 processes that he is voluntarily willing to say that
11:13:40 he's willing to start looking into, to try to work
11:13:44 with the community.
11:13:48 I don't know exactly how long.
11:13:49 I don't know.
11:13:50 It's been there as long as I've been in existence.
11:13:53 And so that's well over 40 years.
11:13:55 And, you know, I don't know what to say other than
11:14:00 It's been a nuisance, or an attractive nuisance if you
11:14:03 will, but directly on the heels of that.
11:14:09 Captain Honeywell, I don't know if you were informed a
11:14:09 week later there was another shooting in a bar up on
11:14:11 North Dale Mabry that three people were shot as well.
11:14:14 And I'm not advocating one side or the other.
11:14:18 Something needs to happen.
11:14:20 I'm just glad to see that in this particular instance,
11:14:25 the complaints of the neighborhood that Mr. Osteen is
11:14:27 trying to take some corrective measure.
11:14:29 And that's why I was telling the people that the South
11:14:34 Tampa neighborhood, at least -- I don't know what the
11:14:38 wholehearted nature is but at least have an owner that
11:14:40 is willing to listen, and maybe he'll say, maybe we
11:14:45 need to pack up and move elsewhere. If I had 100
11:14:49 people that were totally against way was trying to do,
11:14:51 maybe I'll pack up and move because he's at least
11:14:54 trying to be accommodating.
11:14:55 So we'll see where that goes.
11:14:56 That's not my district.
11:14:58 But I have a decent relationship where I can sit down
11:15:01 and talk.
11:15:02 But I will be happy to -- that's Mr. Dingfelder's
11:15:07 Don't ever intend to step on anybody else's toes.
11:15:11 And the club envy issue.
11:15:14 But if that's something that I can intervene, I will
11:15:17 be happy to do that.
11:15:23 >>MARY ALVAREZ: Club envy is.
11:15:26 >>KEVIN WHITE: South Tampa.
11:15:28 But I just wanted to let you know where we are on
11:15:37 And if TPD can step up to quail the situations, it
11:15:40 should be a decent resolve for everyone.
11:15:43 >>ROSE FERLITA: Let me start by saying that I don't
11:15:45 want to look negatively at anybody's offer to
11:15:49 However, being a business owner, I will tell you that
11:15:52 although maybe something doesn't happen within the
11:15:55 business for guidelines within the building walls,
11:15:58 there's always a secondary responsibility for every
11:16:00 owner of every business.
11:16:02 And if people mingle outside and start making noise or
11:16:06 traffic issues or anything else, if that's your
11:16:08 business, I am still fully of the opinion that that's
11:16:12 owner responsibility.
11:16:13 Now, I'm not discounting that Mr. Osteen is thinking
11:16:16 about maybe doing this, Mr. White -- and I appreciate
11:16:19 you negotiating with him -- but the reality is that
11:16:22 there have been many code violations, and we know
11:16:25 that, sadly enough because of state statutes,
11:16:28 et cetera, that code enforcement is a revolving door
11:16:32 You violate.
11:16:33 You comply.
11:16:33 You violate.
11:16:34 You comply.
11:16:34 You violate.
11:16:35 You comply.
11:16:36 At some point the neighborhood gets tough.
11:16:38 So, you know, that's great.
11:16:40 But at the same time, it's the same Mr. Osteen that
11:16:43 said this council was taking issue with his
11:16:45 businesses, because it seems like there are more than
11:16:48 one bars that have become a problem that Mr. Osteen
11:16:51 owns, and it was a political issue.
11:16:53 I think that was an article by Ms. Steel who is here.
11:16:57 So that's fine, maybe he's making that effort.
11:16:59 But at the same time we have a history of times that
11:17:01 there wasn't as far as this council person is
11:17:03 concerned, there was not enough effort.
11:17:05 So we will see.
11:17:06 And in response to your suggestion that we discuss
11:17:10 with him anything about club envy, I think we have got
11:17:13 a plan for that already.
11:17:14 And I'm not trying to discount anything for the
11:17:17 single-member district council members.
11:17:19 But we are going to take care of that.
11:17:21 We are going to have dialogue.
11:17:23 And we are going to deal with that issue differently.
11:17:25 So at the same time, I applaud what he's trying to do.
11:17:28 I discount what he's trying to do.
11:17:30 I think it's ridiculous.
11:17:31 This has gone on forever.
11:17:33 So that's a pretty slick gesture but let's see what
11:17:38 performance is.
11:17:39 And that's way vote on.
11:17:41 >>MARY ALVAREZ: I have to agree with Ms. Ferlita.
11:17:44 And Mr. Osteen has been around for a very long time.
11:17:49 And he knows the system better than you and I do.
11:17:52 And he knows how to get around it.
11:17:54 And he'll make a concession here and there.
11:17:58 One hour?
11:17:58 Big deal, you know?
11:18:01 What he says is happening inside his bar is happening
11:18:04 outside his bar.
11:18:05 And it's his property, too.
11:18:07 So don't come to me with saying that he's trying to
11:18:11 make concessions for this.
11:18:13 He knows it.
11:18:15 He knows what he's doing.
11:18:17 And what he's doing is making money.
11:18:20 And that's his main objection -- or object, in having
11:18:24 all these bars and stuff like that.
11:18:26 Because if he really cared, he would take care of his
11:18:31 That's all I have to say about that.
11:18:32 Mr. Osteen knows more than you and I do.
11:18:37 >>GWEN MILLER: He has made concessions time after
11:18:40 time, and they last for a month or two, and they go
11:18:42 back to the same routine.
11:18:43 And I am, I'm tired of it.
11:18:46 If you're going to do -- let's do it the rest of your
11:18:50 life and not a month and try to please the city and
11:18:52 try to please the police department.
11:18:55 Why don't you do something for the better? That place
11:18:58 is like a dump.
11:18:59 If you wanted to make a good concession, why don't you
11:19:01 do a facade on that building and clean up around
11:19:04 there, if you want if he wants us to think he's
11:19:08 helping us?
11:19:09 All he does is run down, he doesn't do anything to it.
11:19:12 If he can curtail it inside he can curtail it outside.
11:19:15 Like I say he's going to do what he can inside but
11:19:18 what is he going to do for the outside?
11:19:20 Are the paid officers going to be outside?
11:19:23 There are going to be out there all day every day.
11:19:27 What is he going to do about those?
11:19:28 If he can curtail the inside and outside -- if he
11:19:32 can't, he needs to be closed.
11:19:34 We need to close him down because this has been a
11:19:38 And how much nuisance do the neighbors have to take
11:19:40 before some action be taken?
11:19:42 I think something needs to be done.
11:19:44 Mr. Shelby.
11:19:46 >>MARTIN SHELBY: I would also caution you that
11:19:48 obviously what you are doing is you're talking about a
11:19:51 particular piece of property.
11:19:54 Just that from a legal standpoint, let it be said that
11:19:59 the legal department is looking at what constitutes a
11:20:01 public nuisance and there are certain procedures that
11:20:03 have to be gone with.
11:20:05 And although council is formulating its opinion based
11:20:07 on feedback it gets from its constituents and the
11:20:13 community, I just don't want it to be said that Mr --
11:20:16 the owner of this property, Gene's Bar, will be denied
11:20:19 any due process whatsoever.
11:20:21 I want council to be clear on that.
11:20:23 I didn't want council to make any pronouncements that
11:20:25 may jeopardize its legal position.
11:20:27 >>GWEN MILLER: So we are just expressing our feelings
11:20:30 and our thoughts, what I'm doing.
11:20:31 I'm letting him know how tired I am.
11:20:34 I'm not making any concessions.
11:20:36 Do step by step to do the procedure and not making
11:20:38 that debate.
11:20:39 I'm just letting you know my feelings how I feel about
11:20:41 this case and how long it's been there, been a
11:20:44 >>MARY ALVAREZ: When know that he knows the process.
11:20:47 >>ROSE FERLITA: Colleagues, forgive me for saying the
11:20:50 same thing again.
11:20:51 But looking at something like that, and clearly it is
11:20:56 a public nuisance, it's a long process, and we know
11:20:59 that, Mr. Shelby.
11:21:00 We are not being accusatory.
11:21:02 We are holding history.
11:21:03 And again very briefly it's the same owner with a bar
11:21:06 that was close to my drugstore.
11:21:08 And I think that was when I was on that side of the
11:21:11 podium and had nothing to do with this council.
11:21:13 And there was enough documentation and history enough
11:21:15 that that action was taken, that strong action was
11:21:17 taken for I think the first time in the history of
11:21:19 Tampa to do that, to revoke the license.
11:21:22 So we are not saying anything except for the fact that
11:21:24 the neighborhood is tired of giving us the continual
11:21:28 complaints, and we want to get it done.
11:21:30 And if there is a real Ernest effort to do something
11:21:33 better, we can't deny anybody any kind of a business
11:21:35 if they have the right to do that.
11:21:37 But at the same time, it can't be on the backs of the
11:21:40 neighborhood and it can't be at the expense of the
11:21:42 So we are just kind of just making that notification
11:21:45 again, that if things don't get better then we are
11:21:49 ready to react without discounting due process and
11:21:52 I think that's where we are on it.
11:21:54 >>LINDA SAUL-SENA: Where are we on the agenda?
11:21:55 >>ROSE FERLITA: Who knows?
11:22:02 >>GWEN MILLER: We are on number 14.
11:22:03 >>LINDA SAUL-SENA: But we haven't done some things
11:22:06 previous to that, like number 9.
11:22:09 And 8.
11:22:11 >>GWEN MILLER: Captain Honeywell, we appreciate what
11:22:14 you're doing.
11:22:15 >>> Captain Honeywell: I just want to make it clear,
11:22:18 I'm not specifically looking at Gene's Bar.
11:22:20 We are looking at that entire area.
11:22:22 And we are not going to tolerate anything from that
11:22:24 entire area.
11:22:25 >>ROSE FERLITA: We understand.
11:22:27 >>GWEN MILLER: And I appreciate all you're doing.
11:22:28 Thanks a lot for your help.
11:22:30 Mr. Shelby.
11:22:30 >>MARTIN SHELBY: Just to clarify what happened with
11:22:33 the agenda, when Mr. Scott appeared, and handled
11:22:37 certain things that were his subject matters that were
11:22:38 out of the order of the agenda.
11:22:40 And I believe they were numbers 8, 9 --
11:22:45 >>GWEN MILLER: 14 and 15.
11:22:46 >>MARTIN SHELBY: 10, and 14.
11:22:48 So that was his report.
11:22:53 >>GWEN MILLER: Now we are going back.
11:22:54 Because Ms. Saul-Sena wanted --
11:22:57 >>LINDA SAUL-SENA: Because I want to do the agenda in
11:22:59 >>GWEN MILLER: Wanted the attorney to come down, Mr.
11:23:03 >>LINDA SAUL-SENA: I think we need to do the agenda in
11:23:06 >>GWEN MILLER: You wanted to ask a question.
11:23:08 >>LINDA SAUL-SENA: Mr. Martin, on item number -- Gary
11:23:14 school, number 9.
11:23:15 >>GWEN MILLER: Number 9.
11:23:16 >>LINDA SAUL-SENA: But I -- .
11:23:20 >>GWEN MILLER: Come and answer the question that Mrs.
11:23:23 Saul-Sena had.
11:23:25 >>LINDA SAUL-SENA: Mr. Martin, my question was this:
11:23:29 Doesn't City Council have the right to regulate code
11:23:31 enforcement in school board-owned buildings?
11:23:38 >>> The question that was raised to my attention in
11:23:41 regard to the old Gary adult school was whether the
11:23:43 city was prohibited from citing notices of violations
11:23:50 to the school board.
11:23:52 There is a policy as expressed to me by the deputy
11:23:57 director Bill Doherty that has been long-standing that
11:24:00 the city code enforcement department will not issue
11:24:04 notices of violations to the school board, or to the
11:24:09 What I did is I researched the City of Tampa code, and
11:24:14 the interlocal agreements that we have on record at
11:24:17 the city clerk's office to see if this was a formal
11:24:23 legal prohibition.
11:24:24 There is no such thing.
11:24:25 But there has over the a delved policy by the code
11:24:33 enforcement that they will bring things to the
11:24:34 attention of the school board, you know, problems with
11:24:36 overgrowth, accumulations, sometimes building
11:24:39 maintenance problems, but they will not issue an
11:24:42 actual citation.
11:24:43 And then if they fail to take corrective action, haul
11:24:47 them before the code board.
11:24:49 So that is where it stands right now.
11:24:51 It is a policy that could be changed.
11:24:53 But there is no legal prohibition in our code to
11:24:56 prevent this from issuing those notices of violation.
11:25:01 >>LINDA SAUL-SENA: Mr. Martin, I appreciate your
11:25:03 I understand that Mr. Scott was operating on the
11:25:05 policy where we don't make the school board or the
11:25:08 county live up to our code enforcement rules.
11:25:10 And I think that you just spoke clearly to the point
11:25:12 that we're not legally prohibited from doing that.
11:25:15 It's just been a custom sort of a gentleman's
11:25:18 agreement to not make them live up to what we make our
11:25:21 citizens live up to.
11:25:22 And I think that that inconsistency is inappropriate.
11:25:25 It's long overdue that we hold them to the same
11:25:28 standards that we hold our constituents.
11:25:30 And so what I would like to do is make a motion that
11:25:35 we change our policy to make -- to direct our staff --
11:25:40 or ask the administration to direct the staff to
11:25:42 enforce the laws that are on the books, so that
11:25:46 demolition by neglect, by constituent, has the same
11:25:49 effect as demolition -- that any code enforcement
11:25:52 considerations are acted upon with the same vigor by
11:26:00 our staff toward the school board and Hillsborough
11:26:03 County as toward the constituents in the community.
11:26:06 Because I think that inconsistency is not appropriate
11:26:11 Mr. Shelby, I understand that I can't direct the
11:26:15 administration to do something.
11:26:16 What is the appropriate form to encourage them to?
11:26:20 >>MARTIN SHELBY: I believe you phrased the motion
11:26:22 >>LINDA SAUL-SENA: Thank you.
11:26:24 >>ROSE FERLITA: Second.
11:26:29 >>GWEN MILLER: We have a motion and second.
11:26:30 (Motion carried).
11:26:31 >>LINDA SAUL-SENA: I would like to follow that with a
11:26:33 request that the city staff go and inspect Gary school
11:26:40 for the leaks in the roof that have water PUDDling on
11:26:42 the floor and report back to City Council in two
11:26:45 >>ROSE FERLITA: If that's a motion, second.
11:26:47 >>LINDA SAUL-SENA: That was a request.
11:26:50 No, it was a request to report back in two weeks on
11:26:53 whether Gary school has any code enforcement
11:26:55 violations based on the leaky roof.
11:26:57 >>MARTIN SHELBY: A request to go out and do that?
11:27:01 Or a direction?
11:27:02 >>LINDA SAUL-SENA: It was a request to get a report
11:27:04 back in two weeks.
11:27:04 >>SHAWN HARRISON: So as not to take up agenda time
11:27:08 would it be okay to do that in written format?
11:27:09 And then if there is an issue -- I'm going to the
11:27:13 maker of the motion on that.
11:27:16 I'm sure Mr. Scott doesn't necessarily want to come
11:27:18 >>LINDA SAUL-SENA: I would be fine for the written
11:27:21 Thank you for the clarification.
11:27:22 >>GWEN MILLER: Motion and second.
11:27:23 (Motion carried).
11:27:23 >>> Michael Farmer: Item number 8.
11:27:32 >>GWEN MILLER: Mr. Selby, can he speak now?
11:27:36 >>LINDA SAUL-SENA: If council wishes to do so.
11:27:38 >>SHAWN HARRISON: He has awaited patiently.
11:27:41 >>> I brought this to City Council.
11:27:43 >>GWEN MILLER: We have a motion to waive the rule.
11:27:44 (Motion carried).
11:27:45 >>> I brought this to City Council.
11:27:47 And item number 8 states code enforcement cite CSX for
11:27:58 the overgrowth, and wasn't able to be doing the
11:28:02 I haven't heard nothing as far as his report,
11:28:06 concerns, of whether code enforcement cite CSX for the
11:28:13 I haven't heard anything as far as whether CSX is
11:28:17 going to be doing anything on a continuing basis.
11:28:23 Now, from what I did, I spoke with Mr. Scott, and from
11:28:26 what I observed the City of Tampa did to clean up.
11:28:30 So what we still have, I'm still going in a circle
11:28:33 round and round that he would can't get city execs to
11:28:37 do anything as far as the overgrowth in that area.
11:28:42 So what are we going to do about it?
11:28:44 The overgrowth is going against city's code as far as
11:28:50 overgrowth is concerned, when are we going to step up
11:28:53 and cite them for the overgrowth and make some kind of
11:29:00 resolution or what have you as far as making them do
11:29:04 this on a continuing basis?
11:29:06 I mean, I been doing this for 30 years, and we still
11:29:10 are at the same place.
11:29:11 I started in August.
11:29:14 In August.
11:29:14 It just got cut this month, we are in January now.
11:29:18 I mean, it doesn't make sense for a citizen to make a
11:29:22 complaint of overgrowth and it takes from August to
11:29:27 January, and then they still don't do it, the city
11:29:28 does it.
11:29:29 Now what are we going to do about it?
11:29:30 I hope you get tired of this, too.
11:29:33 And do something about it.
11:29:36 And item 10 also he spoke on, which is the stormwater
11:29:43 The retention basis, the concrete in that retention
11:29:46 basis fell down.
11:29:51 The iron grade over the top of it is gone.
11:29:53 The trees still need trimming.
11:29:56 As I spoke last time, I said our taxes, you took our
11:30:00 taxes to upgrade all this stuff and it still hasn't
11:30:04 been done.
11:30:05 So what he reported on, yes, it has been resolved as
11:30:08 of today.
11:30:09 They went and cut it.
11:30:10 They cleaned it up.
11:30:11 The city did.
11:30:12 But yet what is the city going to do as a continuing
11:30:17 maintenance, that we don't have to come down here,
11:30:20 that all we need to do is make a phone call, they
11:30:23 cite, they look at it, they take care of it.
11:30:26 Our dollars are paying for it.
11:30:28 >>ROSE FERLITA: I certainly want to hear what Mr.
11:30:30 Scott says.
11:30:31 But after that or in between that, whenever it
11:30:33 applies, Mr. Shelby, is this not the dilemma we have
11:30:35 been dealing with forever?
11:30:37 And correct me if I am wrong.
11:30:38 So it's been my understanding that we have no
11:30:40 jurisdictional authority over CSX, and that's the
11:30:44 They don't have to be responsive if they don't want
11:30:47 >>MARTIN SHELBY: I don't believe that's necessarily
11:30:48 the case.
11:30:48 I'll talk with Mr. Massey about that.
11:30:50 But I don't believe that is necessarily accurate.
11:30:53 Let me double check.
11:30:59 >>> Mr. Scott: And Mr. Farmer, if I didn't state
11:31:03 that, I apologize for that.
11:31:04 But within the past few years, most recently, the past
11:31:07 year, Mr. George Whitaker of Jacksonville local office
11:31:10 has met with me, Mr. Doherty, Mr. Lane, and staff, and
11:31:15 road throughout Tampa railroad tracks area.
11:31:17 We have cited him, I signed the citations for the last
11:31:21 few years, throughout Tampa, South Tampa, East Tampa,
11:31:24 West Tampa, he has the responsibility for the entire
11:31:29 southeastern United States.
11:31:30 And he has two contractors that's in constant contact
11:31:37 with me.
11:31:37 We have device add process, council, Madam Chairman,
11:31:41 wherein we fax him right now area maps after he made
11:31:44 copies of the railroad tracks, gave us the extended
11:31:46 boundaries from railroad tracks to the adjacent
11:31:50 property boundaries, and some lots, and pie-shaped,
11:31:55 situations along the tracks, we think railroad tracks
11:31:58 are CSX property but it's not.
11:32:00 But we have that information now, since the first of
11:32:02 this year, and we e-mailed him that information, and
11:32:06 he cuts it in a reasonable time frame.
11:32:08 Right now he cuts as need-be basis, as we request hot
11:32:14 spots, he cut those areas for us.
11:32:15 I meet with the contractor or my staff, and we go out
11:32:18 there, and make sure that is done.
11:32:20 Now this last two times it was done by Parks
11:32:26 Department, an area that we believe we thought was CSX
11:32:31 but it really belongs, right-of-way, to the City of
11:32:33 That's why I hired a contractor and paid him after
11:32:37 noticing the city, and they didn't do it in a
11:32:39 reasonable time frame, I ordered that property abated,
11:32:42 adjacent to the north and south of Mr. Farmer's house.
11:32:45 Now CSX, Mr. Whitaker has the flu.
11:32:49 He was to meet me on the 10th of January.
11:32:52 Had to change that to the 23rd.
11:32:53 He would meet with me and my staff, and Mr. Doherty.
11:32:56 We again pick out all the hot spots in Tampa and ride
11:32:59 with him and his contractors.
11:33:00 Now, they do do a reasonable job in the past, not the
11:33:04 recent past.
11:33:05 It may have been a problem.
11:33:06 I didn't see -- I'm not aware of that either.
11:33:09 Maybe in sections of Tampa, maybe we didn't get the
11:33:13 complaint that the city referred.
11:33:16 But right now they do anything I ask of them to do
11:33:19 right now pretty reasonable.
11:33:21 Those photographs was done by CSX.
11:33:23 They did not do any of the private property.
11:33:25 Not Al at all.
11:33:27 I didn't want to leave that thought out there. Maybe
11:33:28 I didn't explain to the Mr. Farmer in the proper way.
11:33:33 >>GWEN MILLER: Thank you.
11:33:34 >>> Mr. Farmer: I wanted council to know, once last
11:33:37 year, that's all, one time a year, the overgrowth gets
11:33:41 to be 15 feet tall.
11:33:42 That's not good enough.
11:33:44 I started in August.
11:33:46 It just got cut now.
11:33:47 That was 15-foot weeds.
11:33:49 That's not good enough.
11:33:51 You're endangering the citizens, the children, and
11:33:54 everybody in that community.
11:33:56 If code enforcement said we are not supposed to get --
11:34:00 the weeds are not supposed to get but four foot high,
11:34:03 we shouldn't wait till they get 15 feet high and then
11:34:07 six months later.
11:34:08 So I have to start off request six months ahead of
11:34:11 time, even though it ain't but one feet high because I
11:34:16 know it's going to get 6 feet high.
11:34:16 I have to start six months early for you to get there
11:34:18 to cut it six months later.
11:34:19 Doesn't make sense.
11:34:20 >>GWEN MILLER: We know that, Mr. Farmer.
11:34:22 And code enforcement is going to work to see if we
11:34:25 can't do something to get it cut.
11:34:28 >>> I just don't want council to be disillusioned it
11:34:33 getting cut because they say it's cut.
11:34:36 It not being done.
11:34:37 That's why I have been here over the past 30 years
11:34:40 telling you the same thing.
11:34:41 That's why I hope you get tired and do something about
11:34:44 Because we are tired.
11:34:45 >>GWEN MILLER: Thank you.
11:34:47 >>> Our children and our families.
11:34:48 >>GWEN MILLER: We know that.
11:34:50 We'll see what we can do.
11:34:52 >>> Just like other families --
11:34:53 >>GWEN MILLER: Your time is up, Mr. Farmer.
11:34:55 >>> Concerned about our neighborhood.
11:34:56 >>GWEN MILLER: Your time is up.
11:34:57 Thank you.
11:34:57 We are going to do what we can to keep things going.
11:34:59 >>LINDA SAUL-SENA: Madam Chairman.
11:35:02 What I would like to do is get a report back from CSX
11:35:04 in 30 days on what their annual maintenance schedule
11:35:07 would be.
11:35:07 Because it's obvious for all of us who love the arts
11:35:10 in Florida that over the summer you have to cut things
11:35:12 ^ more, maintenance at the very least, and so I think
11:35:18 it would be appropriate instead of responding in
11:35:20 crisis mode to get their projected maintenance
11:35:24 schedule, so that Mr. Farmer doesn't have to continue
11:35:26 to come down here.
11:35:28 I would like to move that we get a report through Mr.
11:35:31 Scott from CSX on their projected annual maintenance
11:35:35 schedule for 2006.
11:35:35 >>GWEN MILLER: Second?
11:35:38 >>SHAWN HARRISON: Second.
11:35:38 >>GWEN MILLER: Motion and second.
11:35:40 (Motion carried)
11:35:43 Now we go to item number 12.
11:35:45 >>LINDA SAUL-SENA: What about 9?
11:35:47 >>GWEN MILLER: We did 9.
11:35:47 >>LINDA SAUL-SENA: No, we didn't.
11:35:51 He has been sitting here for three hours.
11:35:54 >>GWEN MILLER: Okay.
11:35:55 Number 9.
11:35:58 >>LINDA SAUL-SENA: Weighed a report on the legal
11:36:00 We didn't have a report on the potential of using it
11:36:03 as an art center.
11:36:06 9 is culture to appear and discuss feasibility.
11:36:09 >>GWEN MILLER: Okay, Mr. Wilborn.
11:36:16 >>> Paul Wilborn: Arts and cultural affairs.
11:36:20 I was asked by City Council to make a report on the
11:36:23 Gary school potential as perhaps an arts school or
11:36:28 arts building.
11:36:28 There was a report in the Tribune, a place I once
11:36:32 worked, and somewhat departed from reality in that we
11:36:36 have a plan to turn this into an art school.
11:36:38 I did look at it as potential for a facility for the
11:36:42 arts in some form.
11:36:44 The building is in such terrible shape.
11:36:47 It's near and dear to my heart because my grandmother
11:36:50 did attend that school, and did it even against the
11:36:54 wishes of her parents to go to take a Sicilian girl to
11:36:59 go to school in 1920.
11:37:01 The building is in such bad shape it requires so much
11:37:03 to get it back.
11:37:04 I don't really see an arts group being able to come up
11:37:09 with that type of money.
11:37:10 I think we need to look at really the abatement of the
11:37:13 roof leaking before anybody can look at any kind of
11:37:15 plan to what you're going to do with it.
11:37:19 Because the school is just deteriorating rapidly.
11:37:21 If there's any questions I would be happy to talk
11:37:23 about it.
11:37:24 >>LINDA SAUL-SENA: I visit the school with Mr. Wilborn
11:37:27 with a potential investor, and I was so upset at the
11:37:31 level of deterioration that I have asked for something
11:37:33 to be done.
11:37:35 This issue was brought up two years ago and key keep
11:37:39 messing around.
11:37:40 And while we are hearing reports on several-monthly
11:37:44 basis the roof continues to leak.
11:37:46 What I would like to do is encourage Mr. Wilborn to
11:37:49 talk to Cindy Miller and see if the city can provide
11:37:53 any kind of interim help so that -- and there might be
11:37:57 the potential in the future for the facility being
11:38:00 >>> And I have spoken with Ms. Miller.
11:38:02 At this point there's not a plan to do that.
11:38:04 I can certainly speak to her again.
11:38:06 >> Well, it shouldn't be your responsibility.
11:38:07 Thank you.
11:38:08 I would like to ask Cindy Miller to report back to
11:38:10 council in 30 days on what the city is doing to
11:38:13 either -- to secure Gary school.
11:38:16 >>SHAWN HARRISON: Do you want a public report or do
11:38:19 you want --
11:38:21 >>LINDA SAUL-SENA: A written report would be fine.
11:38:23 Thank you.
11:38:23 >>SHAWN HARRISON: Second.
11:38:27 >>GWEN MILLER: Motion and second.
11:38:28 (Motion carried).
11:38:28 >>GWEN MILLER: Item 12.
11:38:34 >>TONY GARCIA: Planning Commission staff.
11:38:40 I know I'm allotted three minutes.
11:38:42 I am going to do my best to do the three minutes but
11:38:45 please don't press that button if I don't make the
11:38:47 three minutes.
11:38:48 I would appreciate that.
11:38:49 Let me give something to council quickly.
11:38:55 You have a letter in front of you from Bob Hunter,
11:39:12 also an executive summary, the Seminole Heights
11:39:17 business district strategic plan presentation that was
11:39:19 made to Planning Commission on December 12, 2005.
11:39:22 The Planning Commission unanimously approved the
11:39:26 Seminole Heights business district strategic plan, and
11:39:29 found it consistent with the comprehensive plan on
11:39:32 December 12th.
11:39:32 What I am going to do now is try and give you the
11:39:34 salient features of the strategic plan.
11:39:36 This is something I hope you will bear with me, it's
11:39:38 been a work in progress for the last two and a half
11:39:40 years with Seminole Heights, with all the stake
11:39:43 holders in Seminole Heights, the business owners, the
11:39:45 residents of the property owners in the area.
11:39:47 So right now without further ado I am going to show
11:39:50 you the real brief PowerPoint presentation on the Elmo
11:39:55 about the Seminole Heights business district strategic
11:39:59 It was initiated for the purpose of bringing
11:40:01 residential and commercial stakeholders together with
11:40:03 the goal of establishing a common vision that will
11:40:05 ultimately benefit the entire community.
11:40:09 Some of the strategic plan points, initial efforts
11:40:13 began in January 2004 at an organizational meeting in
11:40:16 Seminole Heights, volunteers were solicited at that
11:40:18 meeting to be part of an advisory committee,
11:40:20 represented by business owners and residents and
11:40:23 property owners.
11:40:27 As stated here, this was adopted finally at a
11:40:29 committee-wide meeting by all three neighborhood
11:40:33 associations in Seminole Heights, southeast Seminole
11:40:36 Heights, south Seminole Heights, and historic Seminole
11:40:38 Heights, Old Seminole Heights, at a meeting on
11:40:41 September 13th, 2005.
11:40:44 The mission statement from the strategic plan is to
11:40:47 create a business district plan that will result in
11:40:49 the development of a financially successful business
11:40:52 district that serve it is needs of the community at
11:40:55 large and is aesthetically pleasing, has a unique
11:40:58 identity and compliments the character of the Seminole
11:41:00 Heights community.
11:41:01 I think you all know this has been such a long process
11:41:04 because relationship formed so it has been a process
11:41:12 to heal all wounds and bring people together for some
11:41:17 The strategic focus of the plan consisted of
11:41:19 aesthetics, marketing incentives and regulatory.
11:41:22 Regarding aesthetics the objectives were to evaluate
11:41:25 the physical attributes of the Old Seminole Heights
11:41:29 areas though to identify some of those areas, to note
11:41:34 blighted areas and goal of created a desirable
11:41:37 Some of the recommendations that came from the
11:41:39 committee were to establish guide lanes for
11:41:40 development, establishment of public art, development
11:41:43 of a Streetscape, facade program, into and to
11:41:47 encourage beautification awards.
11:41:48 Some of the strategies entail establishing gates
11:41:52 way -- gateways into the area, enhanced transit stops,
11:41:56 creation of an overlay district, enhance
11:41:59 streetlighting and of course trees along the business
11:42:02 Regarding the objectives under incentives, identity
11:42:05 types of insensitive available to the area, and assess
11:42:08 those incentives that it would have most suitable for
11:42:12 Seminole Heights.
11:42:12 Some of the recommendations under financing, include
11:42:15 redevelopment revitalization loans.
11:42:17 Of course there are grants that are available to the
11:42:19 Local initiatives support, corporation.
11:42:25 Strategies were to build partner ships with community
11:42:27 institutions in the area.
11:42:28 Real estate tax relief, and to step up crime
11:42:31 prevention, which that has been accomplished to a
11:42:32 degree, and compliments to Chief Hogue and his group
11:42:36 of officers.
11:42:37 Just very briefly some photos to show you, the
11:42:41 collective nature of Seminole Heights.
11:42:42 Many of the smaller businesses of Seminole Heights
11:42:45 consist of bungalow houses.
11:42:51 Of course we have our institutional uses, some strip
11:42:58 center. This basically shows you the constraints of
11:43:00 roadways, which really doesn't encourage pedestrian
11:43:03 activity along the east corridors of Seminole Heights.
11:43:07 Across the street drive through and a car lot.
11:43:11 >> Would you go back to that one second?
11:43:18 Usually a barbed wire fence like that requires a
11:43:21 special type of zoning.
11:43:22 And it's very unusual to see it in that sort of, you
11:43:26 know, three feet from the front property line
11:43:31 >>> It's really not aesthetically pleasing.
11:43:33 >> And I just wonder if it's legal.
11:43:35 >>> Well, code enforcement has gone throughout this
11:43:38 area, and I do know that there have been questions
11:43:40 regarding barbed wire.
11:43:42 Randy is president of Old Seminole Heights.
11:43:50 I appreciate him standing here as well as some other
11:43:52 members of the Old Seminole Heights community.
11:43:54 He can probably address you better than I can because
11:43:56 I know they are intimately involved with code
11:44:01 Again, just some of the unique structures that exist
11:44:04 currently in Seminole Heights.
11:44:06 Again, a nice residential home has been converted to a
11:44:10 nonresidential use.
11:44:13 Some historic-looking structures that have been there,
11:44:16 and the landmarks in Seminole Heights.
11:44:18 And of course an older structure that has a very nice,
11:44:22 very historic look of what Seminole Heights used to be
11:44:27 back in the 40s.
11:44:33 Regarding regulatory, the regulatory subcommittee,
11:44:39 they were given the task of identifying physical
11:44:43 impediments, the underutilized properties, the gaps in
11:44:48 vacant parcels, there are a large number of small
11:44:51 A majority are quarter acre size.
11:44:55 Pedestrian safety of course is on that picture that
11:44:59 you have asked me, cannot proceed without pedestrian
11:45:03 safety issue.
11:45:05 Lack of parking which is pretty much common in most of
11:45:07 our commercial corridors along the City of Tampa.
11:45:10 Transportation and stormwater management.
11:45:13 Some of the recommendations for regulatory:
11:45:16 Establishment of a Streetscape program, the
11:45:17 identification and prioritization of areas that need
11:45:19 to be revitalized and to support commercial use that
11:45:22 is promote more pedestrian oriented options.
11:45:25 The strategies, common parking areas, creation of
11:45:29 mixed use development, improved right-of-way,
11:45:32 transportation, congestion management.
11:45:35 Some of the objectives, evaluation of the current
11:45:39 business climate and the creation of a business needs
11:45:44 Existing physical assets, of course, Seminole Heights
11:45:47 is very well-known for historic homes.
11:45:49 It's centrally located to downtown, Ybor City, Channel
11:45:51 District and the interstate.
11:45:53 Its proximity to the Hillsborough River and Lowry
11:45:57 It beautiful trees.
11:45:58 For diversity of businesses and the schools in the
11:46:01 Recommendations: Promote and encourage new and
11:46:04 existing businesses in the area, to establish
11:46:07 subdistrict defined by character along business
11:46:10 To develop a business district web site, to revisit
11:46:13 the strategic plan on an annual basis to be sure that
11:46:16 objectives are on target.
11:46:17 Support local events related to cultural and community
11:46:20 To create a marketing alliance with the three existing
11:46:23 neighborhood associations and to support the
11:46:25 development and continuation of community based
11:46:28 The next step of course is to continue achievement of
11:46:31 common understanding, recognition by the city,.
11:46:35 We have met with Cindy Miller with, members of
11:46:37 strategic planning, and with Land Development
11:46:39 Coordination, and familiarizing them with the plan,
11:46:43 and of course individually trying to talk with each
11:46:45 one of you about the merits of what the strategic plan
11:46:48 will be for Seminole Heights.
11:46:49 And of course the creation of serving other
11:46:54 As this T lady spoke to you earlier, they have created
11:46:57 a business guild of Seminole Heights, "gosh."
11:47:02 They will be meeting this evening.
11:47:03 I will be at that meeting with my continuing
11:47:05 involvement with the Old Seminole Heights area.
11:47:08 I think they had about 40 individuals there.
11:47:11 Hopefully this will be the catalyst for continued,
11:47:14 improved development along with T existing corridors
11:47:17 for the City of Tampa.
11:47:18 Still a pretty good shot in the arm.
11:47:19 That concludes this presentation.
11:47:21 The only other thing that I would request of this body
11:47:25 is that acknowledgement of the hard work of the
11:47:28 individuals, the stakeholders in the Seminole Heights
11:47:30 community, in the form of a resolution, recognizing
11:47:33 the strategic business plan as a viable document for
11:47:38 them to use as future consideration for gid answer and
11:47:42 whatever they will do, because they are basically
11:47:44 setting you on notice this is what they are going to
11:47:46 be doing and they are going to be serious the next
11:47:48 time they come to you with any kind of business
11:47:50 proposals for any kind of new business development
11:47:52 along the corridors.
11:47:53 Thank you for your time.
11:47:55 >>ROSE FERLITA: That whole Seminole Heights arena is
11:47:59 partly Mr. White's, partly Ms. Alvarez, and perhaps
11:48:02 maybe yours, Mr. Harrison.
11:48:04 So you guys figure out who wants to do the resolution
11:48:07 thing because all of us are more than happy to support
11:48:09 But I attended that last business meeting, and they
11:48:13 are serious.
11:48:14 They are serious about what they are doing, and it's
11:48:16 just wonderful that the three Seminole Heights,
11:48:18 southeast Seminole Heights, Old Seminole Heights,
11:48:22 south Seminole Heights, they are working together and
11:48:27 If not every day, every other day Mr. Englehart comes
11:48:30 by the store and informs me on and on.
11:48:33 They are controlling their own destiny.
11:48:34 I think they have shown us that with Starbuck's and
11:48:37 everything else.
11:48:38 And we have supported back and it's been a very, very
11:48:41 nice relationship.
11:48:41 I can only speak for myself.
11:48:43 But I'm sure that it's the same sentiment of my
11:48:45 colleagues that whatever we need to do, in addition to
11:48:47 that, Tony, we are here to help them support this.
11:48:51 >>LINDA SAUL-SENA: Thank you.
11:48:53 This is absolutely wonderful.
11:48:54 We've seen the incredible transition in the
11:48:58 residential areas of Seminole Heights to good, better,
11:49:02 Now worry lag forward to commercial.
11:49:04 But council members, there are a number of specific
11:49:06 recommendations coming from this plan that we've to
11:49:08 We have to do the heavy lifting on, on redoing parts
11:49:11 of chapter 27, our stormwater code, parking
11:49:15 regulations, our signage code, and a sign overlay, our
11:49:19 tree canopy protections, trying to work with FDOT on
11:49:22 some of the roadways.
11:49:23 We can do all of this.
11:49:24 The thing that really makes those things happen are
11:49:27 energized neighborhood issues.
11:49:28 These folks are ready to go and we are more than happy
11:49:31 to work with you to move this ahead, including and
11:49:34 foremost getting rid of the allowance of barbed wire
11:49:37 in commercial zones.
11:49:38 That is just not conducive to the kind of
11:49:42 redevelopment we want to see.
11:49:42 >>CATHLEEN O'DOWD: Legal department.
11:49:44 We would ask that rather than adopting this plan by
11:49:46 resolution that you do a motion to receive and file it
11:49:50 and ask the administration to report back to you.
11:49:53 Back on those elements of the plan that can be
11:49:56 Either through code amendment changes, or other means,
11:50:00 writs not a legislative proposal.
11:50:02 So to adopt it by resolution would be adopting the
11:50:05 plan wholesale and directing us to implement it.
11:50:08 And I think the administration would like to report
11:50:10 back to you on that and advise you as to what is
11:50:14 >>KEVIN WHITE: So moved.
11:50:16 >> Second.
11:50:17 >>JOHN DINGFELDER: When?
11:50:19 >>CATHLEEN O'DOWD: I don't know to be honest with you.
11:50:21 I haven't discussed a time line with them.
11:50:24 I think because of different departments that would be
11:50:26 involved, perhaps 60 days.
11:50:28 >>SHAWN HARRISON: So moved to have a written report
11:50:30 within 60 days, then get that, then we can schedule it
11:50:33 for an agenda time once we know how detailed it is.
11:50:36 >>MARY ALVAREZ: I would also like another -- you gave
11:50:40 us the report on whatever you call that.
11:50:45 But I'd like a hard copy of that, if you don't mind.
11:50:50 And I too want to send my congratulations to the three
11:50:54 neighborhoods that came together with this, because
11:50:57 this is one of the better plans that I've seen.
11:50:59 And I'm real happy that they all came together and
11:51:04 worked really hard on it.
11:51:06 You could see that it's a labor of love.
11:51:08 And I would also like to make a motion to --
11:51:15 >>GWEN MILLER: We have a motion already.
11:51:17 You can't make a motion now.
11:51:18 >>LINDA SAUL-SENA: Clarification on the motion, report
11:51:21 back in 60 days.
11:51:23 I would like the administration to go through the plan
11:51:25 that they have created.
11:51:27 And what things we can move on, and if there's
11:51:31 something that the administration doesn't feel
11:51:34 comfortable moving on, to comment on that.
11:51:36 I would like -- I would like to see the entire plan,
11:51:40 and what -- and I'd like to see -- this is really
11:51:43 ambitious -- some potential time frames.
11:51:47 Because I know that Thom Snelling is getting a couple
11:51:50 more assistants.
11:51:51 We really need to do these things.
11:51:53 And report back in 60 days.
11:51:55 So I would basically like the format to be Tony's plan
11:51:58 with sort of annotations.
11:52:03 This we are going to do then, this we don't feel we
11:52:05 can do, so we have an understanding of the
11:52:07 administration's response to this plan.
11:52:11 >>ROSE FERLITA: I just want to make one comment that I
11:52:14 forgot awhile ago.
11:52:14 Linda, you're right, it was Tony's plan.
11:52:17 Tony met with me as one of the business owners in
11:52:19 Seminole Heights, and I just want to acknowledge what
11:52:22 you have done for that area, Tony.
11:52:24 It was an energetic plan, a good plan, it was a
11:52:27 feel-good plan.
11:52:29 I want to thank you for your help.
11:52:30 Randy, it's kind of nice to be in a position of
11:52:32 leadership when you have so much energy behind you and
11:52:35 our citizens our residents there just always there to
11:52:38 support everything.
11:52:39 So it's just great.
11:52:40 So it's a collective effort.
11:52:42 And I just want to thank everyone collectively because
11:52:44 it certainly took a lot of players to get this done.
11:52:48 >>MARTIN SHELBY: Just a clarification.
11:52:50 It would appear on the agenda but asking for a written
11:52:53 report, is that correct?
11:52:57 >> We have a motion and second on the floor.
11:52:58 All in favor of the motion say Aye.
11:52:59 Opposed, Nay.
11:53:00 >>MARY ALVAREZ: Now I would like to make a motion to
11:53:04 send the resolution to acknowledge all the parties
11:53:10 that were instrumental in bringing the Seminole
11:53:12 Heights plan.
11:53:13 And that includes Randy barren and I'm sure all the
11:53:18 other players that were in there.
11:53:19 Thanks again for all your hard work.
11:53:20 >>GWEN MILLER: We have a motion and second.
11:53:22 (Motion carried).
11:53:25 >>KEVIN WHITE: I just want to tell Mr. Garcia, thank
11:53:27 you as well, because this was a labor of love on
11:53:31 behalf of all three neighborhood associations, and to
11:53:34 those associations, Mr. Garcia was in constant contact
11:53:38 as a member of the Old Seminole Heights neighborhood
11:53:40 myself, about the updates of the plans, but the
11:53:43 unfortunate reality, I had conflicts on a great
11:53:46 majority of the meeting nights and was unable to
11:53:49 But Mr. Garcia kept me abreast of what was going on
11:53:55 and things of that nature.
11:53:57 Tony, thank you for your input and updates.
11:54:01 >>GWEN MILLER: Thank you, Tony.
11:54:02 Item 13.
11:54:05 >>ROSE FERLITA: Isn't it nice when we get along like
11:54:09 >>JULIE BROWN: Good morning.
11:54:11 I'm hear on item 13 to discuss the Sugarman sculpture
11:54:14 at north Ashley drive.
11:54:18 It's the Sugarman sculpture.
11:54:22 The exploding chicken.
11:54:24 >> There you go.
11:54:24 >>JULIE BROWN: Just to give you some legal status on
11:54:27 the history, I guess, about the property.
11:54:29 The original property owner was NCNB and they were
11:54:34 exempt from public art requirement because the central
11:54:36 business district regulations were enacted over a year
11:54:40 after the building was constructed.
11:54:44 Therefore, the current owner, American capital
11:54:45 partners, is exempt from the public art requirement,
11:54:47 and they are free to do what they please with that
11:54:50 >>JOHN DINGFELDER: So why did it go up to start with?
11:54:56 Was it something that the original builder just did
11:54:59 >>> In anticipation of the ordinance, they did it.
11:55:01 It was, I believe, June 8th, 1989.
11:55:06 >> So they bought it.
11:55:07 They own it.
11:55:07 There's no regulation over it.
11:55:09 And they can move it where they want?
11:55:11 >>> That's correct.
11:55:12 >> Have they been approached about at least
11:55:16 contributing it to the city's public art inventory?
11:55:19 >>> To my knowledge, I really am not aware of that.
11:55:23 Robin Nigh can speak to that.
11:55:24 >>> Robin Nigh, City of Tampa public art program.
11:55:27 I do know that they are looking at that.
11:55:29 They are evaluating their options.
11:55:30 They are considering what they want to do with it, if
11:55:32 it's incorporated into a larger plan, if they are
11:55:36 But they have discussed the possibility of donating it
11:55:38 to the city.
11:55:40 I do know that's one of the things they are
11:55:42 >> Is that something you that you and your department
11:55:44 and the city desires, if in fact they don't want it
11:55:48 >>> Probably.
11:55:49 It would go would go before the Public Art Committee
11:55:52 and they would take a determination.
11:55:53 There is a donations policy that we have in our
11:55:56 guidelines and we would certainly follow that.
11:55:58 >> Just won't let them throw it into the river.
11:56:01 >>> No, sir.
11:56:02 >>LINDA SAUL-SENA: That's what I wanted to address,
11:56:08 Julie Brown can speak to this.
11:56:10 The current ordinance says if you have an existing
11:56:13 building downtown and it changes ownership or
11:56:15 whatever, the people aren't required to do anything as
11:56:17 far as public art.
11:56:18 So, for example, Floridan hotel, the Kress building,
11:56:22 if you buy something new from scratch you have to do
11:56:24 something but if you have an old building you are not
11:56:26 required to.
11:56:27 And since the whole idea of public art thing is to
11:56:29 improve the quality of downtown, I think that when
11:56:32 should not -- I think that we should change that in
11:56:34 our ordinance and say if you spend more than, you
11:56:37 know, a million bucks on your building you should have
11:56:41 to do something.
11:56:42 So I would like to recommend that legal come back to
11:56:44 us with some better crafted language, that addresses
11:56:48 the renovation of old buildings in downtown to make
11:56:50 them comply with the public art ordinance as part of
11:56:55 their permitting process.
11:56:59 Some appropriate threshold.
11:57:02 Maybe $10 million.
11:57:03 I really look to you what the appropriate threshold
11:57:05 would be.
11:57:07 >>JULIE BROWN: We are working on amending the
11:57:09 ordinance right now.
11:57:10 Council made a motion.
11:57:11 And I can read it to you what it includes right now,
11:57:14 back in November of the changes we are making.
11:57:17 >> But this isn't included?
11:57:19 >>> No, that is not included.
11:57:20 One other thing, city staff has not met with the
11:57:23 development community to discuss this.
11:57:24 This would be something that we would like to do.
11:57:29 >>LINDA SAUL-SENA: I guess my motion would be you
11:57:31 explore this issue with you the development community
11:57:33 for the renovation existing downtown structures, and
11:57:37 suggested threshold of reinvestment that would trigger
11:57:42 >>JOHN DINGFELDER: Specifically the downtown
11:57:43 partnership would seem to be appropriate group to
11:57:47 And kind of represent everybody downtown, property
11:57:49 owners, et cetera.
11:57:52 >>GWEN MILLER: Did we get a second?
11:57:54 >>SHAWN HARRISON: I'm going to -- not going to support
11:57:58 I don't know what it means.
11:58:00 I don't know what work -- I don't support it.
11:58:03 >>JOHN DINGFELDER: I think right now there's a total
11:58:05 So if you got a piece of property, and there's a total
11:58:10 exemption for that, a particular parcel for that
11:58:13 particular building.
11:58:14 >>JULIE BROWN: Pardon me, but the building was
11:58:18 constructed prayer to the public art ordinance, then
11:58:21 it is exempt, unless it's completely demolished like
11:58:24 Ms. Saul-Sena pointed out.
11:58:26 >>JOHN DINGFELDER: I think what Ms. Saul-Sena is
11:58:29 saying some build ings like the park building, they
11:58:32 are going to be putting in millions of dollars
11:58:33 probably into that building to upgrade it and renovate
11:58:36 it and bring it up to modern standards.
11:58:38 So that would be perhaps an appropriate example of a
11:58:41 building that now in this modern age, where all other
11:58:45 developers have to do public art, why wouldn't or
11:58:49 shouldn't they?
11:58:50 And I think that the only intent of the motion was not
11:58:53 to pass that ordinance today, but to ask the
11:58:55 administration to explore it and talk to the downtown
11:58:58 partnership about it.
11:59:01 >>SHAWN HARRISON: That's not what was said. What was
11:59:03 said was have the legal department come back with
11:59:06 recommendations as to how we might impose that.
11:59:10 Whatever they decide.
11:59:11 And there is no dollar figure.
11:59:13 >>LINDA SAUL-SENA: I'll rephrase my motion.
11:59:17 >>MARY ALVAREZ: It was just to explore.
11:59:20 >>JOHN DINGFELDER: In other words I qualified your
11:59:24 And seconded that motion.
11:59:24 >>MARY ALVAREZ: Can I say something here?
11:59:35 I would help with this motion, or I would go with the
11:59:38 motion, except I would like public hearings.
11:59:41 I would like to hear from the developers that are
11:59:43 going to be -- or the people that are going to be
11:59:47 affected by this thing.
11:59:48 I mean, we just can't say go ahead and do an ordinance
11:59:52 and put it in there without us, not only the downtown
11:59:57 partnership but the people that are planning to do
12:00:00 something about these buildings.
12:00:02 It's only fair that we do that.
12:00:06 >>GWEN MILLER: You need to rephrase your motion.
12:00:08 >>LINDA SAUL-SENA: My intent -- would you please
12:00:10 rephrase it?
12:00:11 >>JOHN DINGFELDER: I think I rephrase it that it's
12:00:14 just to explore the issue, ask legal and the
12:00:16 administration to explore the issue, and work with the
12:00:20 developers and the downtown partnership.
12:00:21 >>MARY ALVAREZ: That's better.
12:00:25 >>JOHN DINGFELDER: I so move.
12:00:25 >>LINDA SAUL-SENA: 60 days.
12:00:27 Is that a reasonable time frame?
12:00:30 >>MARY ALVAREZ: We are going to be busy in 60 days.
12:00:35 >>JOHN DINGFELDER: 67 days.
12:00:36 >>GWEN MILLER: We have a motion and second.
12:00:38 All in favor of the motion say Aye.
12:00:39 Opposed, Nay.
12:00:40 >>SHAWN HARRISON: Nay.
12:00:41 >>GWEN MILLER: Mr. Shelby?
12:00:46 >>MARTIN SHELBY: It is the noon hour.
12:00:47 >>GWEN MILLER: It's not quite.
12:00:49 I have 11:58.
12:00:52 >>ROSE FERLITA: Before we get off of this shall you, I
12:00:56 want to clarify my position.
12:00:59 I think I have the same heartburn that Mr. Harrison
12:01:02 For instance, if somebody has a legal nonconforming
12:01:05 use and somebody else has to do something else and
12:01:08 they don't have to come up to the same standards.
12:01:11 All we are doing the S allowing the administration to
12:01:13 come back and talk to us, not imposing any
12:01:16 restrictions on anybody.
12:01:17 >>LINDA SAUL-SENA: And based on their conversations.
12:01:25 >>MARTIN SHELBY: Nor, I believe 12:maker of the motion
12:01:27 requesting legal to come back with any language that
12:01:29 would be in the form of an ordinance.
12:01:31 >>LINDA SAUL-SENA: Correct.
12:01:33 >>GWEN MILLER: Item 15.
12:01:35 We need to make a motion.
12:01:36 >>SHAWN HARRISON: I move to remove this from the
12:01:39 >> Second.
12:01:39 (Motion carried).
12:01:40 >>GWEN MILLER: We will go to our committee reports
12:01:44 right quick before we break.
12:01:45 Parks, recreation, Ms. Mary Alvarez.
12:01:48 >>MARY ALVAREZ: I move item number 19.
12:01:52 >>ROSE FERLITA: Second.
12:01:55 >>GWEN MILLER: Motion and second.
12:01:58 (Motion carried).
12:02:00 >>GWEN MILLER: Public works, Mr. John Dingfelder.
12:02:02 >>JOHN DINGFELDER: Move 20 and 21.
12:02:05 >> Second.
12:02:05 (Motion carried).
12:02:06 >>GWEN MILLER: Finance, Kevin White.
12:02:08 >>KEVIN WHITE: Move 26 through 26 -- 22-26.
12:02:12 >> Second.
12:02:13 [Motion Carried]
12:02:13 >>GWEN MILLER: Building and zoning, Mr. Shawn
12:02:16 Harrison, vice chair.
12:02:18 >>SHAWN HARRISON: Move items 27 through 36.
12:02:22 >>MARTIN SHELBY: Council?
12:02:26 I ask that you hold number 29 till after lunch.
12:02:30 >>MARY ALVAREZ: Second.
12:02:31 >>MARY ALVAREZ: It the to be held.
12:02:39 >>SHAWN HARRISON: Then everything except 29.
12:02:41 >>MARY ALVAREZ: Second.
12:02:43 (Motion carried).
12:02:44 >>GWEN MILLER: Transportation, Mr. Shaun Harrison.
12:02:48 >>SHAWN HARRISON: Move 38 through 42.
12:02:51 >>CHAIRMAN: Motion and second.
12:02:53 (Motion carried).
12:02:53 >>SHAWN HARRISON: Move to set new items 43 through 45,
12:02:59 and 48 through 52.
12:03:02 >> Second.
12:03:02 (Motion carried).
12:03:03 >>JOHN DINGFELDER: Removed those other two this
12:03:09 >>GWEN MILLER: Yes, we did.
12:03:10 >>GWEN MILLER: Okay.
12:03:25 Set the public hearing.
12:03:27 We are going to go back.
12:03:29 We have another minute.
12:03:30 Is there anyone here to consider reconsideration?
12:03:34 >> Jorge Rugarte, South Tampa.
12:03:47 I'm here on behalf of David Keogh and Jeff Martin.
12:03:50 I have a statement.
12:03:51 They couldn't be here today.
12:03:52 On Thursday, January 12th, we requested a rezoning
12:03:54 of 3108 west Paxton, file number Z 05-170 which was
12:04:00 We would like to request this item be Rae considered
12:04:03 based on city codes, misleading information from the
12:04:05 neighborhood association and the character of Paxton
12:04:08 First we would like to have the opportunity to bring
12:04:10 in a civil engineer, land planner, to demonstrate to
12:04:12 the City Council the fact that development of this
12:04:14 property will not act as storm -- access stormwater
12:04:20 run-off. This was a expense we hoped to avoid because
12:04:22 city codes require new homes to provide retention
12:04:24 areas on the property.
12:04:25 This retention area by function will prevent
12:04:27 stormwater run-off on the property and work to reduce
12:04:30 the flooding problem on Paxton.
12:04:32 Second, unknown to us at the time the pictures of
12:04:37 storm flooding and pictures by the neighborhood
12:04:39 association were not of Paxton or the surrounding
12:04:42 It is our feeling that these pictures were misleading
12:04:45 to the council.
12:04:45 And finally we would like to reconsider based on the
12:04:48 Our first intent for this lot was to build a large
12:04:51 high-end home.
12:04:52 However, as we have shown more time in the area we now
12:04:55 believe the home we designed will be too big and not
12:05:00 in this neighborhood.
12:05:01 On all ongoing neighborhood small and mid size homes
12:05:05 on 50-foot lots.
12:05:06 To be consistent with the current development and
12:05:08 character of this home, and to maintain the continuity
12:05:10 of homes and green space, we believe that we should
12:05:14 build two smaller mid size homes as well.
12:05:17 I have got some pictures here real quick.
12:05:19 >>JOHN DINGFELDER: There was no plan. This is
12:05:27 >>> The pictures that were presented by the
12:05:31 association were saying that the storm pipes were on
12:05:34 Lela and the corner of Lela and Lois which is a mile
12:05:39 and a half from the subject property which is over
12:05:41 here on the corner of Paxton and MacDill.
12:05:46 I believe it's Mr. Steenson said he was looking up
12:05:49 the -- showing us the debris that was in the pipes.
12:05:52 It was a mile and a half from the subject property.
12:05:55 So that was -- basically it was shown there are no
12:06:01 storm pipes.
12:06:02 Here's sixth street.
12:06:03 Here's Paxton.
12:06:04 As you can see, there are no storm pipes on this
12:06:07 And we have taken pictures of every corner to show
12:06:10 that there are no.
12:06:13 Here's sixth street.
12:06:14 Here's Paxton on the left.
12:06:17 And again, subject property is right here.
12:06:19 Here's Paxton.
12:06:21 This is a picture looking west.
12:06:22 Here's sixth street again.
12:06:24 No storm pipes.
12:06:28 And the other corner, here's sixth street.
12:06:30 Here's Paxton.
12:06:31 Again no storm pipes.
12:06:32 No debris.
12:06:34 We have also are addressing the character of the
12:06:37 I believe Mr. Steenson called it an assassination on
12:06:43 This is a picture of the property directly next door
12:06:46 to the subject property.
12:06:46 And this is what's on the street right now.
12:06:50 (Bell sounds).
12:06:52 >>GWEN MILLER: Your time is up.
12:06:53 That was it.
12:06:54 >>ROSE FERLITA: Madam Chairman, I'm confused about
12:06:57 Mr. Shelby, I think this is a request for
12:06:59 reconsideration, not to present the case again.
12:07:01 I think somebody for the prevailing side has to say
12:07:05 yes, we'll reconsider it, which is not going to be me.
12:07:08 But why is he being allowed to show this whole thing?
12:07:10 Tell me what's going on.
12:07:11 >>MARTIN SHELBY: Okay.
12:07:12 My understanding is what he's doing is he's
12:07:14 presenting, I guess, evidence that may be relevant to
12:07:17 council's determination that council may wish to
12:07:21 Mind you this is not evidence to be in the course of a
12:07:24 public hearing.
12:07:25 But let me just read you the rule.
12:07:27 When entertaining a request for reconsideration of a
12:07:28 quasi-judicial matter decided at a previous meeting
12:07:31 council should consider the following as grounds for
12:07:34 reconsideration: One, whether there was procedural
12:07:37 error, and if deprived the party of due process, or,
12:07:41 two, there exists evidence relevant to council's
12:07:44 determination that was not reasonably available to be
12:07:47 known or presented at the time of the hearing.
12:07:51 Council can determine based on what this gentleman
12:07:53 said whether -- whoever is on the prevailing side
12:07:56 whether council wishes to have a motion to reconsider.
12:07:59 Does that answer the question?
12:08:02 >>ROSE FERLITA: Yes.
12:08:03 >>GWEN MILLER: What is the pleasure of council?
12:08:06 >>LINDA SAUL-SENA: My mind is not changed.
12:08:07 >>THE CLERK: According to the motion, it was made by
12:08:10 Saul-Sena, seconded by Ferlita, that the petition be
12:08:13 denied, based on the existing stormwater issues.
12:08:16 And the motion carried.
12:08:19 >>MARTIN SHELBY: If I can, just so you know
12:08:21 procedurally, don't have specific recollection of it
12:08:25 but the custom of the council is there is always an
12:08:27 opportunity to rebut whatever evidence is provided,
12:08:29 and that petitioner does have the opportunity to rebut
12:08:32 any testimony that's been made.
12:08:35 >>GWEN MILLER: What's the pleasure of council?
12:08:37 >>SHAWN HARRISON: No one on the prevailing side wants
12:08:42 to consider.
12:08:42 >>JOHN DINGFELDER: Silence is deafening.
12:08:47 >>> Thank you.
12:08:47 >>KEVIN WHITE: Pursuant to our rules, it's about time
12:08:50 for to us break.
12:08:56 I think this one is going to be arduous, but I would
12:08:59 like to --
12:09:01 >>GWEN MILLER: We are going to go into recess.
12:09:03 When we come back we'll start with those who asked for
12:09:06 reconsideration, and we'll finish the rest of our
12:09:09 Then we'll go to our workshops.
12:09:10 So we'll be back at 1:30.
12:09:12 Recess till 1:30.
12:09:14 (Council recess)
12:09:47 (12:09 p.m.)
Tampa City Council
1:30 p.m. session
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13:41:24 >>GWEN MILLER: Tampa City Council is called to order.
13:41:35 >>> My name is Dennis Manelli, 100 South Ashley Drive,
13:41:40 suite 1900.
13:41:41 I'm here today representing Dora Jason and Janett
13:41:47 They own several residential lots on Davis Island.
13:41:49 The exact address is 627 memorial Avenue.
13:41:53 Several months ago, my client requested a rezoning
13:41:56 petition to rezone those lots from RS-75 to PD.
13:42:01 The petition number is Z 05-117.
13:42:06 The hearing was scheduled for last Thursday night.
13:42:10 Prior to the hearing, the petitioner's representative
13:42:13 Steve Michelini sent a written request for a
13:42:18 Neither the petitioners nor Mr. Michelini were in
13:42:22 attendance at the hearing last Thursday night.
13:42:24 And on that basis, the rezoning request was denied.
13:42:29 I have spoken to Mr. Michelini.
13:42:31 I've also spoken to Mr. Massey.
13:42:34 And it appears that there was perhaps some
13:42:38 miscommunication, misinterpretation of whether my
13:42:43 client should attend.
13:42:44 And based on that, my clients did not attend last
13:42:47 Thursday evening's hearing.
13:42:52 I apologize to City Council for this.
13:42:54 And I'm here to ask City Council to reconsider their
13:42:58 denial and place us back on the agenda so it can be
13:43:03 decided on the merits at a later date.
13:43:05 Thank you for your consideration.
13:43:10 >>GWEN MILLER: Mr. Dingfelder.
13:43:11 >>JOHN DINGFELDER: Well, we all remember well, because
13:43:17 it was a little unusual.
13:43:19 But we did give the petitioner, Mr. Michelini, plenty
13:43:23 of time to show up that night.
13:43:25 I think Mr. Massey made some phone calls and left them
13:43:28 with Mr. Michelini's machine.
13:43:31 I don't know, you know, if he got them or not.
13:43:35 It wasn't the first continuance request.
13:43:38 I think it was at least the second.
13:43:41 >>> I believe the first one may have been a request by
13:43:43 staff to continue it.
13:43:45 Is that correct?
13:43:48 >>STEVE MICHELINI: Yes.
13:43:49 The first request was because the homeowners
13:43:52 association meeting had not occurred, the Davis Island
13:43:56 civic association scheduled one just two days prior to
13:44:01 our last hearing.
13:44:04 And it wasn't a second request.
13:44:06 This other one that is before you, or was before you
13:44:09 last Thursday, was the second.
13:44:12 And we had experienced a number of difficulties
13:44:15 including inability to access staff, because City Hall
13:44:19 was flooded on the third floor, we didn't even find
13:44:23 out Thursday until Thursday evening that there was a
13:44:27 defect in the application itself.
13:44:32 >>JOHN DINGFELDER: A defect in the application?
13:44:35 >>> It seems like the original petition was done under
13:44:39 the name of a prior owner.
13:44:41 And when the property was sold to Dora Jason and
13:44:47 Janett Jason, an authorization of agent appointing Mr.
13:44:50 Michelini was never placed in the file.
13:44:53 >>JOHN DINGFELDER: So it really wasn't ripe at that
13:44:56 Is it ripe now, Mr. Massey?
13:44:58 >>GWEN MILLER: Will you come up?
13:45:01 >>MORRIS MASSEY: There was not an affidavit in the
13:45:08 There should be an affidavit in the file, and I had
13:45:11 verbal communication with Mr. Michelini, and that he
13:45:15 is authorized to represent the Jasons who are the
13:45:18 current owners, but really technically for this matter
13:45:21 to go forward we should have had an affidavit in the
13:45:23 file to go forward.
13:45:24 Just for the record, Mr. Michelini did advise me last
13:45:27 week that he was not going to be here.
13:45:28 He was requesting a continuance.
13:45:30 And I nodded in the affirmative that I did understand
13:45:32 that he was not going to be here.
13:45:34 But Mr. Michelini is aware that Morris Massey has no
13:45:37 ability to grant continuances.
13:45:40 Only the council does.
13:45:47 >>STEVE MICHELINI: We are fully aware of that. I
13:45:49 certainly wasn't placing the responsibility on Morris
13:45:51 for the continuance.
13:45:54 The difficulty that I was experiencing was that
13:45:56 technically I hadn't been authorized and wasn't sure I
13:45:59 could even act on behalf of the owner.
13:46:02 And that was the question that I had raised to Morris,
13:46:06 and he indicated, yes, there's a problem there.
13:46:09 And it was my assumption that Morris was saying we
13:46:13 have to straighten this out later, we couldn't
13:46:15 straighten it out then.
13:46:16 And I understand that.
13:46:17 It wasn't his obligation to straighten it out.
13:46:19 It was ours as the petitioner.
13:46:20 And I'm not putting that on Morris at all.
13:46:23 Because certainly at the last Meg minute it wasn't his
13:46:30 I guess we are asking that the owners not be punished
13:46:33 because of the confusion created by the change in
13:46:35 ownership, and my responsibilities to perfect the
13:46:39 >>MARY ALVAREZ: Being on the prevailing side, and
13:46:44 being that we should give them due process, I think I
13:46:47 would like to make a motion that we reconsider.
13:46:50 >>GWEN MILLER: Second?
13:46:57 >>MARY ALVAREZ: I tried.
13:46:58 >>GWEN MILLER: Mr. Harrison?
13:47:01 >>SHAWN HARRISON: I didn't second the motion.
13:47:02 I think given the fact that it probably changed
13:47:06 ownership, there was also a question raised about if
13:47:10 this isn't even the same property owner, are they even
13:47:13 correctly in front of this council as a petitioner?
13:47:16 And it seems to me like the better thing to do is
13:47:19 simply let everybody go back and regroup and get all
13:47:22 of their ducks in a row and just refile a new petition
13:47:24 with the new owners.
13:47:28 >>> Again I apologize and I promise this won't happen
13:47:31 But I would like the hearing or the petition decided
13:47:33 on the merits as soon as county be placed on the
13:47:42 >>MORRIS MASSEY: The one problem that we have is under
13:47:45 current city code, if a petition has been denied and
13:47:49 you are not going to reconsider that, then there is a
13:47:52 time frame under the code which they cannot refile.
13:47:56 And so I just want to make sure council is aware of
13:48:00 I think that's one of the reasons petitioner is
13:48:02 requesting for you all to reconsider so they can
13:48:04 refile the application and bring it forward to you in
13:48:06 a more timely manner than the six months or one year
13:48:09 time frame that's within the city code.
13:48:11 >>JOHN DINGFELDER: Question.
13:48:14 Does the limitation run with the property or does it
13:48:16 run with the own er?
13:48:19 >>> It runs with the property.
13:48:20 For PDs I think council has the ability to waive
13:48:23 that time frame if they submit a new plan that
13:48:27 addresses some of the issues that were the basis of
13:48:30 staff concerns and council concerns in connection with
13:48:32 the original denial.
13:48:33 >>JOHN DINGFELDER: So without the waiver we are in
13:48:37 >>MORRIS MASSEY: I think it's 12 months.
13:48:40 Marty, could you?
13:48:41 It's 395, I think.
13:48:42 >>MARTIN SHELBY: Subsection B.
13:48:48 Denial by the City Council which happened in this case
13:48:51 filed under this section shall preclude consideration
13:48:54 of other rezoning applications for the same zone
13:48:58 classification sought by the denied application
13:49:01 involving the same lands or any portion thereof for a
13:49:03 period of 12 months from the date of the denial of the
13:49:07 previous application.
13:49:08 However, upon written application to the City Council,
13:49:12 the council may consider a request to waive this time
13:49:17 If considered, and it is shown that, one, a specific
13:49:20 or comprehensive amendment to the adopted land use
13:49:23 plan became a law subsequent to the certification of
13:49:25 the denied application for rezoning, and, two, the
13:49:29 amendment has the effect of altering the land use plan
13:49:32 so as to allow for favorable reconsideration of the
13:49:35 application, then the council may waive the 12-month
13:49:39 rezoning prohibition period.
13:49:42 I'm reading this as I go along.
13:49:45 The site plan control application by the City Council
13:49:48 shall preclude consideration of a rezoning application
13:49:51 which has a substantially similar request as described
13:49:54 in the application, and on the site plan involving the
13:49:57 same lands or any portion therefore for a period of 12
13:50:00 months from the date of denial of the previous
13:50:03 The City Council may determine that this time period
13:50:06 does not apply if the new site plan rezoning request
13:50:09 has addressed the grounds for denial again defined in
13:50:13 the public hearing.
13:50:16 So it appears that it says that City Council may
13:50:19 determine that this time period does not apply, if the
13:50:22 new site plan zoning request has addressed the grounds
13:50:25 for denial.
13:50:27 >>> You see, that's the problem we have.
13:50:29 We have to wait to address the grounds for denial.
13:50:32 Really it was never considered and voted on on the
13:50:35 So we would like to try and come in under that
13:50:38 section, but again I don't think it's applicable.
13:50:40 I think the easiest thing to do here is just to go
13:50:43 ahead and I respectfully ask that you reconsider the
13:50:47 denial and place it back on the agenda so it can be
13:50:49 considered on the merits.
13:50:51 And if there is any concern by City Council, then at
13:50:53 that time maybe we can come back with a substantially
13:50:56 different plan.
13:50:58 >>ROSE FERLITA: I'm sorry, but I don't totally
13:51:02 understand what he's saying but I do understand this,
13:51:04 that she did not get a second to her reconsideration
13:51:08 There's a new owner.
13:51:09 I would be more inclined to waive the rules and not
13:51:11 have to wait as long as you would normally, and we
13:51:13 have that option, Mr. Shelby?
13:51:18 Isn't that what you said, Mr. Massey?
13:51:20 >>MORRIS MASSEY: You have that ability if they submit
13:51:22 a site plan that is substantially different that
13:51:25 addresses the grounds for denial.
13:51:27 What the petitioner is saying is that because their
13:51:30 petition was denied because the petitioner was not
13:51:33 present, it's a very difficult thing for them to do
13:51:35 and for council to deal with technically under our
13:51:37 >>ROSE FERLITA: The only thing I'm concerned about is
13:51:40 the denial or the difficulty is his burden.
13:51:42 We tried everything we could, in addition to you
13:51:46 trying to get either them or Mr. Michelini.
13:51:49 So I don't know what their choices are.
13:51:51 But one of their choices is we are not going to
13:51:53 reconsider now, so I don't know what the best route
13:51:55 for them to take is.
13:52:00 >>MARTIN SHELBY: (Off microphone)
13:52:17 >>MORRIS MASSEY: If council wants to go there, it's
13:52:20 appropriate the 12 month time frame could be waived on
13:52:23 that basis, we could allow them.
13:52:27 >>ROSE FERLITA: Mr. Massey --
13:52:32 >>MORRIS MASSEY: There's a 12-month period, if the
13:52:37 applicant is willing -- they will have to refile with
13:52:43 land development, and land development will have to
13:52:46 come back and ask you to set it for public hearing,
13:52:47 they will have to renotice it.
13:52:48 It's probably, what, three months or so?
13:52:51 The soonest date I'm being told is April 13th they
13:52:54 could come back to council.
13:52:55 >>ROSE FERLITA: Sandy is kind of looking like, no,
13:53:00 it's not.
13:53:00 >>MORRIS MASSEY: April 13th is passed over.
13:53:07 >>THE CLERK: (Off microphone)
13:53:11 Also to discuss whether council wanted to cancel April
13:53:13 13th and come back to --
13:53:17 >>LINDA SAUL-SENA: It's not the first night of
13:53:20 >>THE CLERK: We are also closed the next day.
13:53:22 So city is closed for April 5th Good Friday.
13:53:28 >>MORRIS MASSEY: I think if council made that motion,
13:53:30 what council would be doing is authorizing the filing
13:53:32 after new petition.
13:53:33 So we would not be reconsidering the existing
13:53:35 So we would hopefully receive a petition that
13:53:38 reflected the correct ownership and would have an
13:53:40 affidavit from the current owner of the property
13:53:42 authorizing --
13:53:44 >>ROSE FERLITA: That sounds better than where we were
13:53:48 >>> That is acceptable to my client.
13:53:49 >>ROSE FERLITA: Let's see if it's acceptable to this
13:53:56 I didn't make a motion.
13:53:57 >>MARTIN SHELBY: The effect would be so council is
13:53:59 clear according to the code, the effect would be to
13:54:01 allow them to file in advance of what would have to be
13:54:04 a 12-month moratorium before they would be able to
13:54:08 >>JOHN DINGFELDER: Counsel knows how much I respect
13:54:14 him and his ability.
13:54:16 We have known each other a long time.
13:54:20 However, somebody mentioned fairness and due process.
13:54:22 That neighborhood came down here back in November,
13:54:26 December, whenever the first hearing was, in force,
13:54:30 spent X amount of time there, last week, I guess it
13:54:34 was, or whenever we were here most recently, they were
13:54:37 down here waiting for two hours till we could get to
13:54:42 And then finally we went ahead and denied it on the
13:54:45 procedural grounds.
13:54:47 I think that the neighborhood deserves the
13:54:50 consideration that we gave them last week, which is
13:54:55 petitioner is not here, denied.
13:54:57 And I'm comfortable with that from a due process and a
13:55:03 fairness perspective because I think we have to look
13:55:05 out for the fairness to the neighborhood.
13:55:07 So if it takes a year, so be it.
13:55:12 >>MARTIN SHELBY: As one of the issues I spoke with Mr.
13:55:14 Michelini about, and Mr. Massey, correct me if I am
13:55:16 wrong, but being that the affidavit is not in the
13:55:19 file, according to the application, I guess my
13:55:26 question would be whether or not your client even has
13:55:28 standing to make the request for reconsideration at
13:55:30 this point.
13:55:33 >>> I will acknowledge and agree that my client has
13:55:36 not been provided due process because they are not the
13:55:39 applicant on this petition.
13:55:41 I'm just trying to find the easiest way to get before
13:55:44 this council to decide this thing on the merits.
13:55:49 >>LINDA SAUL-SENA: I will not second the motion
13:55:51 because I really feel like the neighborhood deserves a
13:55:57 That's my thought.
13:55:58 >>> I apologize to the neighborhood but for the record
13:56:00 I would like you to know that the owner did make every
13:56:03 effort to contact the neighbors and tell them that
13:56:05 there was a continuance had been filed.
13:56:07 >>LINDA SAUL-SENA: I believe, if I may speak to this,
13:56:11 I believe there was a meeting earlier that week with
13:56:13 the neighbors.
13:56:15 And I believe that at that time the neighbors were not
13:56:17 told that things were going to be changed.
13:56:19 But irregardless, the staff had written a negative
13:56:24 And I put a lot of credence in the staff
13:56:27 recommendation and the neighbors showing up saying
13:56:29 they thought the public hearing was going to occur.
13:56:34 >>ROSE FERLITA: You know, sometimes we spend a lot of
13:56:36 time on things, and fairly or not fairly, but all I
13:56:39 know is we had all this dialogue, the neighborhood was
13:56:43 here to support their side, not that your side is
13:56:46 different than theirs.
13:56:48 Nobody was here last week.
13:56:49 You weren't available or somebody from your firm
13:56:51 wasn't available.
13:56:51 We tried in earnest effort to try to get Mr. Michelini
13:56:54 to Mr. Massey.
13:56:55 You know, I think it's gone, and go from there.
13:57:01 We are trying to go through all kind of contortions to
13:57:05 accommodate the petitioner and as far as I'm concerned
13:57:06 the petitioner was not willing to accommodate the
13:57:09 Nobody was here. The neighborhood was here.
13:57:10 There obviously wasn't anything we were going to be
13:57:13 supportive of.
13:57:13 It was denied.
13:57:14 And I'm in the position that Ms. Saul-Sena --
13:57:18 >>> I would just like --
13:57:19 >>ROSE FERLITA: Sir, with all due respect, I don't
13:57:21 want --
13:57:22 >>> I was not involved --
13:57:24 >>ROSE FERLITA: It doesn't matter if they have an old
13:57:25 attorney or new attorney or somebody in between.
13:57:27 All I know is that there was a lot of effort to get
13:57:29 this done.
13:57:30 We waited till later in the agenda to see if by some
13:57:33 surprise somebody would show up.
13:57:34 They didn't.
13:57:35 They didn't.
13:57:36 Neighborhood was here.
13:57:38 As far as I'm concerned, compared to other petitions
13:57:44 it was denied.
13:57:45 End of story.
13:57:45 I'm not going to support anything different. The new
13:57:48 owners can do whatever they want in terms of whatever
13:57:49 is proper.
13:57:50 Let them come forward.
13:57:51 But I don't think we have to bend any kind of rules to
13:57:56 accommodate them as opposed to accommodating the
13:57:58 That's my position.
13:57:58 >>GWEN MILLER: Anything further from council members?
13:58:09 No motion.
13:58:10 It's denied.
13:58:11 >>> Thank you for your consideration.
13:58:12 >>GWEN MILLER: Would anyone else like to ask for
13:58:19 We have number 29,.
13:58:30 Mr. Smith.
13:58:30 >>DAVID SMITH: City attorney.
13:58:33 I'm here to explain that I made an error this morning
13:58:40 when I advised you that you needed to publish and wait
13:58:42 30 days to consider the action that was before you as
13:58:44 the CRA.
13:58:47 In fact, did you not have to do that.
13:58:55 What I am going to recommend we do to minimize
13:58:57 confusion is continue to next week so your motion to
13:59:00 continue for 30 days which was unnecessary needs to be
13:59:02 revised and we'll continue it for seven days and we'll
13:59:05 be back here next week.
13:59:07 Now the CRA will have to convene in order to hold a
13:59:09 special meeting.
13:59:11 So we have got both the CRA and the council.
13:59:13 But I think at this point the only action that has
13:59:15 been taken has been taken by the CRA to postpone it 30
13:59:19 So I think we need to first have the CRA possibly
13:59:23 convene, change their motion from 30 days to seven,
13:59:27 and then this council can act to concur with that
13:59:33 Yes, sir.
13:59:35 >>SHAWN HARRISON: I saw David on the way out from
13:59:37 lunch, and he told me about this.
13:59:40 And I thought about it a bit.
13:59:41 I think that maybe, unless we are under a time crunch,
13:59:45 it could be safer to simply wait the 30 days and see
13:59:48 if you all are able to get anything resolved.
13:59:52 Because there were people that came away from this
13:59:55 meeting this morning thinking that's what was going to
13:59:58 happen and they may not be paying attention to what's
14:00:00 happening right now.
14:00:01 And just so we're talking about the possibility of
14:00:04 using eminent domain, and that is a very, very serious
14:00:08 governmental power, and unless somebody tells us that
14:00:13 we have to do it next week, I would not be comfortable
14:00:18 at this point with receding from what we did earlier.
14:00:24 >> If I could address that.
14:00:26 I have been told there were two people that were here,
14:00:29 Mr. Goodman who did speak to the, and an attorney
14:00:33 representing one of the property owners.
14:00:34 Way would suggest we do, because apparently there is a
14:00:37 need to move forward, because there's also zoning
14:00:39 applications, development agreements, a variety of
14:00:41 things that we are in the process of negotiating,
14:00:43 those may be different if the parcelization is
14:00:50 different than what is currently expected.
14:00:53 What I would suggest is this -- why don't we also be
14:00:56 instructed to provide direct notice to each of the
14:00:58 parcels at issue as to the meeting on the 26th, which
14:01:03 you are not obligated to do, either under your bylaws,
14:01:06 or under 163.375, which is the statute that authorizes
14:01:11 eminent domain.
14:01:12 So literally you could have taken action today and
14:01:15 these people would not even have received notice,
14:01:17 which is what the law contemplates.
14:01:19 Because in this instance what we will do, it will be
14:01:21 like five different notices.
14:01:23 If you approve that resolution, there will be a notice
14:01:25 sent to each property owner indicating it's been
14:01:28 There will be a time period in which the developer
14:01:30 will contact those people, will provide them
14:01:33 information, the developer then has to notify us
14:01:36 within 15 days before the expiration of this whether
14:01:40 he's succeeded and we will send another notice and it
14:01:43 will be the last statutory notice under chapter 173.
14:01:47 I understand what you're saying.
14:01:48 But I think if we provide notice even though it's not
14:01:50 required under 375 or your own bylaws, I think that
14:01:54 ought to be sufficient to cure the issue.
14:02:00 >>JOHN DINGFELDER: I'm confused, David.
14:02:01 When you starred your presentation were you suggesting
14:02:03 we reopen CRA today?
14:02:06 >>DAVID SMITH: Yes, sir.
14:02:08 >>JOHN DINGFELDER: I have a problem with that
14:02:09 regardless of what action that the CRA might take at
14:02:11 that point.
14:02:12 I think just from a notice perspective, that it would
14:02:17 almost be like an emergency meeting or something like
14:02:20 And although I think there is urgency, you know, from
14:02:24 what you have described, I don't think it's that
14:02:26 I think we could do a full notice for next Thursday
14:02:29 morning at 8:30, to have a CRA meeting, and deal
14:02:32 with -- and then everybody will have a chance to sort
14:02:35 all this out and deal with it methodically and a
14:02:38 little slower.
14:02:41 So I'd be comfortable with that.
14:02:46 I slightly disagree with Shawn, don't think we have to
14:02:48 wait 30 days.
14:02:49 I think we can meet next Thursday, and give us your
14:02:52 appropriate advice at that time.
14:02:54 >>DAVID SMITH: I still think it would be a good idea
14:02:56 and we will do so, we will provide notice to each
14:02:58 property owner.
14:02:59 >>JOHN DINGFELDER: Yes.
14:03:00 With actual notice to each property owner.
14:03:02 Definitely a good idea.
14:03:05 >>ROSE FERLITA: Mr. Smith, first of all, I think you
14:03:07 have been very forthcoming in explaining what had
14:03:10 And I appreciate that.
14:03:11 Because we if he is up to stuff and we go forward as a
14:03:16 No big deal.
14:03:18 But I think accidentally in the process, it sure
14:03:19 doesn't hurt to go another week.
14:03:21 And he wants one week.
14:03:22 He wants 30 days.
14:03:24 But this is a serious situation.
14:03:25 And it gives us time, even if we already thought we
14:03:29 know where we are in the whole process, to give us
14:03:32 another week or to give us 30 days or whatever the
14:03:34 consensus is here, to look at it again, as Mr.
14:03:37 Harrison said, eminent domain is a serious pow theory
14:03:39 we have, we don't exercise it very often and very
14:03:46 So it's fine.
14:03:46 I don't know what a week would do in terms of delaying
14:03:50 And I think accidentally in that oversight, it turned
14:03:55 out to be a good thing.
14:03:57 Unless you know something that I don't, I don't think
14:03:59 it's a big deal to wait a week and look at this again,
14:04:03 have some considerations about when we are going to
14:04:06 exercise it, on what parcels we exercise it and just
14:04:09 go to through the homework again.
14:04:11 So I'm always happy to look at something once, twice,
14:04:14 maybe three times.
14:04:17 I appreciate your candor.
14:04:18 At the same time I'm kind of happy that it happened,
14:04:20 really, just to look at it again.
14:04:21 No harm done.
14:04:22 I appreciate your honesty and your explanation.
14:04:25 >>DAVID SMITH: As I indicated, it was my error.
14:04:27 >>ROSE FERLITA: That's fine.
14:04:29 >>DAVID SMITH: I think we're saying the same thing but
14:04:32 I want to make sure we are.
14:04:33 Because what I'm suggesting is it does come back next
14:04:35 week, but you don't have a CRA hearing set, as I
14:04:39 understand it for next week.
14:04:40 >>MARY ALVAREZ: We can always set it.
14:04:43 >>DAVID SMITH: So you can set the hearing.
14:04:44 It will come back next week.
14:04:45 You will hear whatever you hear at that time.
14:04:47 I will send notice to each it property owners so they
14:04:50 will know that the CRA will be addressing the issue in
14:04:54 a week, to do what will have to be determined by the
14:04:59 It may be to defer it for an additional period of
14:05:01 >>ROSE FERLITA: You mean next week we might have to
14:05:04 continue it.
14:05:05 >>DAVID SMITH: Yes, ma'am.
14:05:06 >>ROSE FERLITA: So in the event we don't come to a
14:05:09 majority decision next week and we have the
14:05:11 opportunity to look at it a bit further, does that
14:05:14 cause some kind of disruption to this whole process,
14:05:16 and kind of leaning to what Mr. Harrison is thinking?
14:05:20 I'm just trying to ask you, what are the
14:05:25 What are the opportunities for different time frames
14:05:27 if we don't agree?
14:05:30 Is that a clear question?
14:05:32 I'm not really sure, David.
14:05:33 >>DAVID SMITH: No, that's a clear question.
14:05:37 The issue is trying to plan for what is then going to
14:05:43 come before you, both as a CRA, and as a council.
14:05:47 And what I mean is, depending upon which properties
14:05:50 are acquired and when they are acquired or whether
14:05:52 they are acquired, the whole process is different.
14:05:56 It affects the street grid.
14:05:58 It effects the development plan.
14:06:00 It effects a lot of different things.
14:06:03 So the longer we protract the start of that process,
14:06:06 the longer we protract reaching a point where the
14:06:09 developer can bring to you a coherent and whole
14:06:13 So there is a sense of urgency, and that this is the
14:06:18 first of the Dominos.
14:06:19 We need to do it carefully.
14:06:21 We need to do it properly.
14:06:22 But the longer we wait on that, the more -- the longer
14:06:25 the process gets dragged out.
14:06:27 And as you know, the development community, time is
14:06:30 always money.
14:06:32 Those properties have been purchased.
14:06:35 There's plans that have been prepared.
14:06:36 And they have to be revised.
14:06:38 Revisions are expensive.
14:06:39 So there's a variety of costs attendant to any delay.
14:06:44 So I can't quantify it for you and I can't make it any
14:06:47 more precise than that, other than indicate that I
14:06:50 understand it will be significant.
14:06:53 In my view, also, is that given the fact that this
14:06:57 process will be a fairly deliberative process, and as
14:07:02 long as those who are going to be affected by it and
14:07:05 have an opportunity to participate, I think all
14:07:08 appropriate due process will have been provided.
14:07:11 So my recommendation would be sooner rather than
14:07:14 No matter what, we are not going to take any action
14:07:16 today, other than to -- I think what I have heard now
14:07:21 is the desire to come back next week.
14:07:22 So that's what I'm suggesting with the possibility of
14:07:24 either make a decision next week, or if you don't so
14:07:28 choose to do so, then whatever additional time period
14:07:31 is appropriate.
14:07:31 I think that's what I'm hearing.
14:07:37 >>MARY ALVAREZ: In that case I would like to make a
14:07:39 motion that we convene the CRA next Thursday at 8:30.
14:07:48 >> Second.
14:08:01 >>KEVIN WHITE: But that ...
14:08:03 >>MARY ALVAREZ: Call the question.
14:08:07 (Motion carried)
14:08:08 >>MARTIN SHELBY: Was there a second?
14:08:12 >>LINDA SAUL-SENA: Yes, I seconded it.
14:08:14 >>THE CLERK: I need to clarify that.
14:08:16 Discuss the pre-suit resolution that was presented to
14:08:19 CRA this morning.
14:08:24 It was continued to next week.
14:08:29 >>JOHN DINGFELDER: Just put item 2 on there, the same
14:08:33 >>DAVID SMITH: Right.
14:08:33 And you need to also continue item 29 on your agenda
14:08:36 today for next week.
14:08:37 >>JOHN DINGFELDER: Ms. Hapner, you have been so
14:08:44 patient all day.
14:08:49 >>> Hapner: I am concerned about the notice
14:08:51 I am here because I read about it in the Tribune this
14:08:54 That's the only notice my client or I had.
14:08:56 My client's particular parcel is her homestead, has
14:08:59 been for more than 30 years, and she's 80-plus years
14:09:02 of age.
14:09:03 So of course I was concerned about the notice
14:09:05 requirement, and therefore I spent a good portion of
14:09:08 the day down here just to be on the safe side.
14:09:12 Elizabeth Hapner, 304 south Plant Avenue, Tampa,
14:09:16 Florida 33606, attorney for Hilda Cicero.
14:09:21 I appreciate your consideration and certainly we'll be
14:09:27 here at 8:30 next Thursday morning.
14:09:31 >>DAVID SMITH: Just so we clarify for the record, the
14:09:35 recommendation that will be before you is to exclude
14:09:39 So if Ms. CICERO is living in her home and it is a
14:09:46 homestead that will be excluded from the process. The
14:09:48 only homestead I was aware as being specifically
14:09:52 excluded, and if is one, it will be excluded as well.
14:09:57 >>GWEN MILLER: You seem like you disagree with that.
14:10:00 Hapner: Oh, no, Id don't disagree, except it was
14:10:04 indicated to me it was in fact included in this
14:10:06 I have not seen the actual resolution, since as I said
14:10:09 I only learned of this in the newspaper this morning.
14:10:14 >>ROSE FERLITA: Mr. Smith, that's a new addition or
14:10:19 >>DAVID SMITH: I'm sorry?
14:10:20 >>ROSE FERLITA: In terms of giving me a better level
14:10:23 of comfort, we are suggesting, and what you're
14:10:27 suggesting and what I am certainly supporting is that
14:10:28 any of those parcels that are owner occupied or
14:10:31 homesteaded, they are not going to be involved in the
14:10:33 discussion next week from the standpoint of property
14:10:35 Is that right?
14:10:36 >>DAVID SMITH: No homesteads will be included, that's
14:10:41 >>ROSE FERLITA: I appreciate that very much.
14:10:42 >>MARTIN SHELBY: I guess we need a motion then if
14:10:45 council wishes.
14:10:46 >>GWEN MILLER: Did you want to say something?
14:10:49 Okay, we need a motion.
14:10:55 To put it on the agenda next week.
14:10:56 >>LINDA SAUL-SENA: I'll make it.
14:10:59 >>MARTIN SHELBY: Does council want that on the consent
14:11:02 docket or does council wish to have it as unfinished
14:11:05 >>GWEN MILLER: Unfinished business.
14:11:06 >>THE CLERK: That would be the substitute resolution
14:11:08 that Mr. Smith presented at the CRA meeting?
14:11:13 >>MARTIN SHELBY: it would be substitute.
14:11:14 Is that correct?
14:11:16 >>DAVID SMITH: It is the substitute resolution which
14:11:17 adds the 75-day period.
14:11:19 >>GWEN MILLER: Motion and second.
14:11:21 All in favor?
14:11:21 [Motion Carried]
14:11:22 >>DAVID SMITH: Thank you very much.
14:11:24 >>GWEN MILLER: We go to our public hearings.
14:11:26 Anyone in the public that's going to speak on items 53
14:11:30 to 60, would you please stand and raise your right
14:11:32 (Oath administered by Clerk).
14:11:53 >>GWEN MILLER: We need to go to page 4, system 15, 16,
14:12:01 17, 18.
14:12:02 Let's go back to 16, 17, 18.
14:12:07 >>LINDA SAUL-SENA: They asked their report be deferred
14:12:09 to January 26th.
14:12:10 I'll move to defer it.
14:12:12 >>MARY ALVAREZ: Which one?
14:12:17 >>LINDA SAUL-SENA: The Planning Commission, work
14:12:19 >>GWEN MILLER:Dy get a second?
14:12:21 >>MARY ALVAREZ: Second.
14:12:22 (Motion carried).
14:12:24 >>GWEN MILLER: Item 17.
14:12:27 The public hearing is closed.
14:12:28 >>SHAWN HARRISON: We moved to a conditional.
14:12:32 >>GWEN MILLER: Would you read that?
14:12:37 >>LINDA SAUL-SENA: What was the condition?
14:12:39 >>SHAWN HARRISON: One year.
14:12:41 >>LINDA SAUL-SENA: What hours?
14:12:43 >>MARY ALVAREZ: I think it was 12.
14:12:44 >>ROSE FERLITA: I'm sorry to interrupt, Mr. Harrison.
14:12:47 But since today has been so atypical already and I see
14:12:50 people that I suspect are from the neighborhood
14:12:53 affected, is there an opportunity to allow them to
14:12:57 come, although this --
14:13:00 >>GWEN MILLER: It's closed.
14:13:02 >>MARTIN SHELBY: It would have to be reopened if
14:13:04 council wishes to take testimony.
14:13:05 >>ROSE FERLITA: Well, I would be happy to make that
14:13:07 motion but I don't know if I have any support giving
14:13:09 them the opportunity.
14:13:10 >>LINDA SAUL-SENA: Second.
14:13:12 >>ROSE FERLITA: Thank you, Linda.
14:13:14 To allow --
14:13:16 >>MARTIN SHELBY: What you are doing is you are
14:13:18 reopening number 17.
14:13:18 >>ROSE FERLITA: And maybe not everyone wants to speak
14:13:22 because there are a couple of spokespersons from that
14:13:25 I think they have inundated us with letters of concern
14:13:29 and opposition and maybe that might perhaps allow some
14:13:34 of my colleagues to look at this in a different light.
14:13:37 >>GWEN MILLER: Motion and second to look reopen the
14:13:40 public hearing.
14:13:40 (Motion carried).
14:13:42 >>MARTIN SHELBY: I have a question.
14:13:44 Is the petitioner present?
14:13:46 >>JOHN DINGFELDER: Yes.
14:13:48 >>MARTIN SHELBY: Because the petitioner from a due
14:13:50 process standpoint would have an opportunity to rebut
14:13:52 before you close the public hearing.
14:13:53 >>JOHN DINGFELDER: My question is, let's all be clear
14:13:56 on the resolution that we now have in front of us or
14:13:58 the ordinance we have in front of us in terms of the
14:14:01 parameters or conditions.
14:14:02 >>CATHLEEN O'DOWD: Legal department.
14:14:04 At council's direction, I prepared an ordinance which
14:14:07 would allow the conditional sale of alcoholic
14:14:09 beverages, 4(COP-R), that would allow for beer, wine
14:14:14 and liquor, as it relates to a restaurant business
14:14:18 The hours of operation that I was directed to include
14:14:23 in the ordinance would allow the establishment to
14:14:25 remain open and to serve alcoholic beverages until
14:14:29 midnight every night of the week.
14:14:33 On the conditions that were included in the ordinance
14:14:35 were to prohibit outside pay telephones and the
14:14:40 exterior of the premises located on the parcel of
14:14:42 property, lighting will be sensitive to the
14:14:46 residential areas surrounding the property, and
14:14:49 another condition that was included, no music will be
14:14:55 played or amplified on the exterior of the premises
14:14:57 located on the property.
14:14:59 Those were the conditions.
14:15:00 >>JOHN DINGFELDER: And since it's a one-year
14:15:02 conditional, what happens at the end of one year?
14:15:07 Specifically, let's say if there are problems or
14:15:09 issues in the neighborhood that these neighbors might
14:15:14 bring up a year from now, assuming the petitioner came
14:15:17 back to re-up, what are our options at that point?
14:15:23 >>CATHLEEN O'DOWD: The ordinance, which allows for the
14:15:26 one-year conditional, includes language that City
14:15:30 Council of the City of Tampa no later than one year
14:15:33 from the effective date of this ordinance in order for
14:15:35 the City Council to make a determination as to whether
14:15:37 the sale of alcoholic beverages at or from the lot,
14:15:40 plot or tract of land described in section 2 hereof
14:15:43 should be permanently granted, or whether the property
14:15:45 should revert to a dry status due to any adverse
14:15:49 effects on the public health, safety and welfare.
14:15:52 So the issue before council in one year's time would
14:15:54 be whether to grant the permanent wet zoning or
14:15:56 whether the property should revert to dry status
14:15:58 depending on what occurs during the next year.
14:16:00 >>JOHN DINGFELDER: What was the vote that took
14:16:05 toth to today's hearing?
14:16:07 >>THE CLERK: Well, on the vote that was set out with
14:16:10 the motion it's reflecting that white made the motion,
14:16:13 seconded by Alvarez, that it be referred back to legal
14:16:16 department and revise the ordinance for one-year
14:16:19 conditional use and the hours of operation will be
14:16:21 midnight, seven days a week, from the verbal request
14:16:24 of Steve Michelini, motion carried.
14:16:26 But I just checked my notes, and it reflects here that
14:16:30 it was Dingfelder, Saul-Sena and Ferlita voting no.
14:16:33 >>ROSE FERLITA: John, never ever did I support this.
14:16:38 And so it says unanimous.
14:16:39 And I think a couple of my colleagues did the same
14:16:43 So "unanimous" isn't correct and I wanted that stated
14:16:46 very clearly on the record for the sake of anybody who
14:16:48 is listening.
14:16:48 >>JOHN DINGFELDER: Thank you, Kate.
14:16:57 >>GWEN MILLER: Petitioner?
14:16:59 >>STEVE MICHELINI: It's a conditional.
14:17:00 I think this is a minimal request in terms of being at
14:17:08 Petitioner is at the greatest risk to perform
14:17:11 according to their contention that they are operating,
14:17:14 and will operate in a legitimate business that does
14:17:17 not impact the neighborhood.
14:17:19 It's up to us to provide proof within a year if that
14:17:22 has been the case.
14:17:23 Then at that point respectfully request council if
14:17:26 they wish to continue with that operation.
14:17:29 But we are beseeching you to grant the one-year
14:17:32 conditional, with the additional conditions that we
14:17:35 ask to be placed on there, no outdoor phones, and
14:17:39 outdoor music, and lighting, et cetera, sensitive to
14:17:43 the neighborhood.
14:17:44 So, anyway, the petitioner is fully at risk to prove
14:17:48 themselves for one year.
14:17:50 I reserve any time for rebuttal if there are any
14:17:53 further comments.
14:17:53 >>GWEN MILLER: Is there anyone in the public that
14:17:55 would like to speak on item 16?
14:17:57 If you are going to speak on 16, or 17, would you
14:18:00 please raise your right hand so you can be sworn, or
14:18:02 if you were sworn before?
14:18:08 (Oath administered by Clerk).
14:18:12 >>> Anna LISS Myer, Parkland Estates.
14:18:17 I am here on behalf of the Parkland Estates homeowners
14:18:20 association board.
14:18:21 I am also the crime watch board member for that area.
14:18:26 And I am block captain of Bristol Avenue.
14:18:31 We have had several problems this past week with the
14:18:33 opening of the petitioner's first restaurant.
14:18:37 While we realize it is delicious, we have heard very
14:18:40 positive comments about it.
14:18:42 We have had some parking issues during the day.
14:18:44 We haven't had any at night to my knowledge.
14:18:48 We have also had the transportation department out
14:18:50 there realizing that Bristol Avenue is rather a
14:18:53 historic street.
14:18:55 We have the oldest well in the City of Tampa on the
14:18:57 We also have the granite curbs which the
14:18:59 transportation department brought up to my attention.
14:19:02 I knew they were there but I didn't realize how
14:19:04 important they are to the city.
14:19:05 We just had some horrible parking problems.
14:19:09 What we are afraid of is that this restaurant shares a
14:19:13 parking lot with the first restaurant.
14:19:17 I believe it was mentioned, I don't know if it's in
14:19:20 the minutes, that they got a conditional with Mr.
14:19:22 Redner across the street that they could park there at
14:19:25 I don't know if this is true or not.
14:19:28 If this restaurant closes at midnight even with the
14:19:31 conditional we are concerned that -- I've worked in
14:19:33 You don't get out of there till much later than that
14:19:37 and there's lots of noise and we are all working
14:19:38 people on the street.
14:19:40 I personally back up to the 717 property.
14:19:44 And I've had all kinds of things thrown in my yard
14:19:49 including condoms and beer bottles, and we are just
14:19:51 concerned there will be noise late at night.
14:19:53 And we would like the conditional till eleven p.m. and
14:19:56 have it reviewed again in one year, if there are no
14:19:58 problems we will go ahead and most likely approve it
14:20:01 as a permanent wet zoning.
14:20:05 >>GWEN MILLER: Thank you.
14:20:06 >>SHAWN HARRISON: One of the things that I floated
14:20:07 last week as a possibility is eleven on the weekends,
14:20:11 and one on Friday and Saturday night.
14:20:15 So that you kind of get the same effect as 12
14:20:19 midnight, seven nights a week.
14:20:21 And that's why I asked for the conditional at
14:20:24 midnight, let's try for a year and see if everybody
14:20:26 can live with it or if you want to try to get that
14:20:29 Would the 1:00 on Friday and Saturday nights -- if you
14:20:33 had your choice, eleven and one, or 12 oh A cross the
14:20:37 board, which one would you?
14:20:39 >> My choice would be a conditional 12 midnight Friday
14:20:42 and Saturday and conditional eleven p.m. for the rest
14:20:44 of the days of the week.
14:20:45 That would be a very good compromise, I think.
14:20:48 You also have in your handout, I believe -- we are
14:20:53 giving them midnight now.
14:20:54 I just went up an hour.
14:20:55 You have the crime stat for the past two years for the
14:20:58 four or five grids on Howard Avenue, south of Kennedy
14:21:02 to Bayshore.
14:21:03 There are two grids in particular.
14:21:05 My grid and the grid just north of me which has
14:21:08 McDenton's, a couple other bars up there, and you can
14:21:11 see the increase in crime in just one year's time with
14:21:15 these bars being open till 2 a.m
14:21:18 Please review that carefully before you make any
14:21:22 >>GWEN MILLER: Thank you.
14:21:23 Would anyone else like to speak?
14:21:29 >>STEVE MICHELINI: Just a couple things of
14:21:31 The two properties are joined but they don't share
14:21:35 The building is in between the two different parking
14:21:40 And I know that the neighborhood is vigilant on this,
14:21:43 and we certainly would be watching our Ps and Qs
14:21:49 on this property.
14:21:49 So we respectfully request your approval.
14:21:52 >>GWEN MILLER: Other questions by council?
14:21:56 >>ROSE FERLITA: Do we need to close this?
14:21:58 So move to close.
14:21:59 >> Second.
14:21:59 (Motion carried).
14:22:01 >>MARTIN SHELBY: After the vote.
14:22:02 >>GWEN MILLER: All in favor of the motion say Aye.
14:22:04 Mr. Shelby?
14:22:06 >>MARTIN SHELBY: Before we take any further comment I
14:22:07 want the request related to this and other public
14:22:10 hearings that have taken place today, all written
14:22:12 communications relative to this hearing and any other
14:22:13 hearings today that have been available to the public
14:22:15 at council's office, I'd like to have them received
14:22:17 and filed into the record prior to the vote, please.
14:22:22 >> So moved.
14:22:24 >>LINDA SAUL-SENA: Second.
14:22:24 (Motion carried)
14:22:28 >> A quick reminder if there have been any ex parte
14:22:34 communications, that council should includes with whom
14:22:36 the communication occurred and the substance of that
14:22:39 Thank you.
14:22:39 >>ROSE FERLITA: Madam Chairman, I did have some
14:22:41 conversation in general about attitudes, and I don't
14:22:45 even remember the gentleman's name at this point.
14:22:47 It was before the last hearing.
14:22:48 So that being said, I just want to say that my
14:22:52 position has been the same, it's been steadfast.
14:22:55 I don't think there's any question as to whether or
14:22:57 not Ms. Myer's neighborhood is willing to negotiate,
14:23:01 willing to tolerate what they know they have.
14:23:03 It's an entertainment district.
14:23:04 All of us who live very close to it are aware of that,
14:23:07 and we are acceptable of that.
14:23:10 We kind of talk about the risks and the hardships and
14:23:13 everything else about the owner of this business.
14:23:17 However, everybody in this neighborhood knew what was
14:23:20 there, when it was Primadonna.
14:23:23 It was a respectable business.
14:23:25 It had a 4(COP) or 4(COP-R).
14:23:28 I don't know what it had.
14:23:30 Because of the nature of the business and the type of
14:23:33 venue that they chose, it was pretty sure that by
14:23:37 10:00 everything was winding down.
14:23:39 Again, as and I said this again but I want to
14:23:42 resubstantiate why I am not supportive of it at all
14:23:45 under the conditions given and the conditional year,
14:23:47 is because they have the choice of what kind of venue
14:23:50 they wanted.
14:23:51 If it's a restaurant, sports bar, if it's a Mexican
14:23:54 sports bar, whatever it is that lends itself to 12 or
14:23:57 1:00, I don't think that's fair to the neighborhood.
14:23:59 And it's not trying to just go along with the
14:24:02 neighborhood because they don't want it.
14:24:04 That's not a good basis.
14:24:05 But the point is they had a choice of what they can
14:24:07 choose as a venue.
14:24:08 The hours are not acceptable.
14:24:10 I think it's going to cause a lot of problems.
14:24:13 And I don't think there's any reason to even look at
14:24:16 this from a conditional.
14:24:17 To me, in this case, because it's going to be a big
14:24:20 burden on the neighborhood to handle the
14:24:22 transportation, the issues, the neighborhood
14:24:25 intrusions, et cetera, et cetera -- yes, they have a
14:24:29 private lot, but so what?
14:24:29 When that lot overflows what happens?
14:24:31 They go into the neighborhood.
14:24:32 I think when we talk about conditional in this case, I
14:24:35 think to me it translates to conditional for the
14:24:38 Because they get to put up for this conditional
14:24:41 nuisance for a year, and we can't do anything about it
14:24:44 for a year.
14:24:45 So I'm not supportive.
14:24:47 I haven't been supportive of it.
14:24:48 I haven't seen where the hours of operation have been
14:24:51 reduced satisfactorily to kind of get both sides to
14:24:55 They have given some concessions.
14:24:57 They didn't want one, but they agreed to eleven.
14:25:00 I just -- I think we are going to see problems.
14:25:03 And once this is supported, supported by the majority
14:25:07 of my colleagues, then we'll have to deal with it from
14:25:09 the standpoint of enforcement.
14:25:11 I don't want to go to that because I think at the
14:25:13 beginning if we have some prudence in how we vote, we
14:25:17 won't have that problem.
14:25:18 My condition is still the same.
14:25:19 I am not going to support it.
14:25:20 >>MARY ALVAREZ: Thank you, Madam Chairman.
14:25:25 With all the dialogue that's been going on on this
14:25:29 issue here, I'm not going to support it based on the
14:25:33 seven-day, 12:00 condition either.
14:25:36 I think 11:00, and then -- what is it, 12:00 Friday
14:25:43 and Saturday is sufficient.
14:25:44 And I will go with the one-year condition.
14:25:46 But I am not going to go 12:00 all the way seven days
14:25:50 a week.
14:25:51 So I won't support it if we don't change that.
14:25:54 >>GWEN MILLER: Other comments by council?
14:25:56 What is the pleasure of council?
14:25:57 >>LINDA SAUL-SENA: Move for denial.
14:26:04 >>KEVIN WHITE: (Off microphone)
14:26:11 >>JOHN DINGFELDER: 12:00 across the board.
14:26:13 >>CATHLEEN O'DOWD: Both for selling alcoholic
14:26:17 beverages and remaining open.
14:26:19 >>KEVIN WHITE: That was the compromise that we had.
14:26:25 >>> On the table now.
14:26:29 >>SHAWN HARRISON: If you change it to 11:00 Monday
14:26:31 through -- or Sunday through Thursday, and 1:00 Friday
14:26:35 and Saturday, do we have to go back to first reading
14:26:38 next week?
14:26:39 >>CATHLEEN O'DOWD: Actually, I would have to revise
14:26:41 the ordinance and bring it back to you for first
14:26:43 >>JOHN DINGFELDER: Did you say one?
14:26:48 >>MARY ALVAREZ: Midnight.
14:26:49 >>SHAWN HARRISON: Councilman Alvarez indicated she's
14:26:52 not going to support it.
14:26:53 It won't pass.
14:26:54 Now I would say let's just change to the eleven.
14:26:56 And assuming that the petitioner is going to support
14:27:00 If we can accomplish that today, let's accomplish it
14:27:02 today rather than making everybody come back again
14:27:05 next week.
14:27:05 >>CATHLEEN O'DOWD: I'll do my best.
14:27:07 There's quite a few other wet zoning hearings that I
14:27:10 need to be here for.
14:27:11 >>MARY ALVAREZ: Do we need to make a motion to change
14:27:16 the time again?
14:27:20 >>ROSE FERLITA: Madam Chairman, we have had dialogue
14:27:23 after dialogue after dialogue.
14:27:25 You know what?
14:27:25 Our legal staff has had all kinds of problems today.
14:27:27 They have all kind of things that they are inundating
14:27:30 their schedule.
14:27:30 What is the urgency that they have to come back today?
14:27:33 I mean, let's roll over and accommodate the
14:27:38 We have already gone through. This Ms. O'Dowd, you're
14:27:40 not saying no but I'm saying no in your behalf.
14:27:43 I think you guys have enough to do.
14:27:44 Now to squeeze this in before we get this session done
14:27:47 today, sometimes adjusting things as we just discuss
14:27:51 board of director the CRA thing and Tampa Heights is a
14:27:53 good thing.
14:27:54 And I don't understand what the urgency is.
14:27:56 But that's just my opinion.
14:27:59 >>KEVIN WHITE: I defer to Mr. Shelby.
14:28:01 >>MARTIN SHELBY: I remind council the public hearing
14:28:03 is closed.
14:28:04 What you have before you now is the ordinance in front
14:28:06 of you.
14:28:07 >>ROSE FERLITA: We have to vote on that?
14:28:09 >>MARTIN SHELBY: Unless somebody moves to reopen the
14:28:11 public hearing and make a direction to legal staff.
14:28:14 Other than that what you have before you is a closed
14:28:15 public hearing with the ordinance before you.
14:28:18 >>SHAWN HARRISON: Move to reopen.
14:28:20 >> Second.
14:28:20 (Motion carried)
14:28:23 69 what is the pleasure?
14:28:24 >>SHAWN HARRISON: I would like to hear from
14:28:25 petitioner's representative.
14:28:26 >>STEVE MICHELINI: We have been responsive, and
14:28:30 certainly I hear the concern about weekdays being open
14:28:33 till 12:00.
14:28:34 It's not that important.
14:28:35 Would much rather have the weekend till midnight than
14:28:38 have nothing at all.
14:28:39 So I would support that on behalf of the petitioner.
14:28:43 >>SHAWN HARRISON: Move to send this petition to legal
14:28:46 with the changes from Sunday through Thursday, close
14:28:50 at eleven, Friday and Saturday it will close at
14:28:53 >> Second.
14:28:53 >>MARY ALVAREZ: Under one-year condition.
14:28:58 >>JOHN DINGFELDER: I just have one brief comment.
14:29:01 That was the original suggestion of the neighborhood,
14:29:03 which is, let's mimic what we gave old meeting house,
14:29:08 which is exactly what that motion is.
14:29:10 So if we had done this to start with, we wouldn't have
14:29:13 been dragging at long all along.
14:29:17 >>GWEN MILLER: We have a motion.
14:29:19 >>JOHN DINGFELDER: Council directed that way.
14:29:20 >>GWEN MILLER: We have a motion.
14:29:22 We have a motion on the floor.
14:29:23 Mr. Shelby had a question on the motion.
14:29:26 >>MARTIN SHELBY: (Off microphone)
14:29:31 We may be back on the same petition.
14:29:40 If we close the public hearing we have to come back
14:29:44 and close the public hearing.
14:29:47 >>CHAIRMAN: Let's close the public hearing.
14:29:49 >>MARY ALVAREZ: So moved.
14:29:53 >>STEVE MICHELINI: Before we close I would like some
14:29:55 concurrence of the neighborhood.
14:29:57 >>> Thank you.
14:29:57 I will get the support of my neighbors that we will --
14:30:00 Friday and Saturday till midnight conditional and the
14:30:03 rest of the week till eleven.
14:30:04 I'm sure we can work with that.
14:30:05 We will be happy to work with that.
14:30:07 >>STEVE MICHELINI: Thank you.
14:30:10 >>GWEN MILLER: We have a motion and second to close
14:30:11 the public hearing.
14:30:12 (Motion carried).
14:30:17 >>SHAWN HARRISON: My motion.
14:30:19 >>MARY ALVAREZ: Second.
14:30:20 (Motion carried).
14:30:21 >>ROSE FERLITA: Nay.
14:30:24 I want to explain that.
14:30:25 Because this is more intense hours than what was there
14:30:27 before, and that's kind of my position, I'd like to
14:30:29 say Nay now.
14:30:31 And if I hear something different from the
14:30:33 neighborhood that convinces me that it's something
14:30:35 that everybody can coexist with, I'll change.
14:30:37 But for right now, Ms. Marshall, my vote is no.
14:30:42 >>KEVIN WHITE: A question for Ms. O'Dowd.
14:30:43 Ms. O'Dowd, I just needed to know, there's no rush,
14:30:47 I'm not asking.
14:30:48 Do you think this is something that we can get back
14:30:50 today so we can put it on first reading?
14:30:53 >>CATHLEEN O'DOWD: I can do what I can.
14:30:55 I am without a secretary.
14:30:57 And I do want to be here for the other wet zonings
14:30:59 with the workshop on 27.
14:31:03 >>ROSE FERLITA: Weren't we going to give her an
14:31:06 opportunity to discuss it with her neighborhood?
14:31:08 >>MARY ALVAREZ: No, she said yes.
14:31:09 >>GWEN MILLER: She'll be back next week.
14:31:13 >>STEVE MICHELINI: We would appreciate it if that
14:31:15 could happen but I understand their restrictions.
14:31:18 >>GWEN MILLER: Thank you.
14:31:19 Item number 18 to.
14:31:21 It's a closed public hearing.
14:31:22 Any questions?
14:31:24 Mr. White, would you read that please?
14:31:27 >>KEVIN WHITE: Move to adopt an ordinance repealing
14:31:30 ordinance number 2005-60 making lawful the conditional
14:31:33 sale of beverages containing alcohol regardless of
14:31:35 alcoholic content, beer, wine and liquor, 4(COP-X) for
14:31:39 consumption on premises only at or from that certain
14:31:42 lot, plot or tract of land located at 4601 and 4615
14:31:46 east Fowler Avenue and 11315 north 46th street,
14:31:50 Tampa, Florida, as more particularly described in
14:31:52 section 3 hereof, waiving certain restrictions as to
14:31:55 distance based upon certain findings, providing for
14:31:57 repeal of all ordinances in conflict, providing an
14:31:59 effective date.
14:32:01 >>THE CLERK: This would be first reading.
14:32:03 >>GWEN MILLER: You have a motion and second.
14:32:04 All in favor of the motion say Aye.
14:32:06 Opposed, Nay.
14:32:06 (Motion carried).
14:32:07 Let's open item 53.
14:32:10 >> So moved.
14:32:11 >> Second.
14:32:11 (Motion carried)
14:32:13 >>GWEN MILLER: Staff?
14:32:14 >>JOHN DINGFELDER: Madam Chair, there was another
14:32:16 quick item before we start that.
14:32:19 We have a public discussion or workshop or something
14:32:24 that Cathy scheduled at 1:30.
14:32:28 We didn't address that yet this afternoon, did we?
14:32:31 >>GWEN MILLER: No.
14:32:31 We said we are going to finish our agenda, then go to
14:32:35 >>JOHN DINGFELDER: Ms. Coyle and I were discussing
14:32:37 this at lunch.
14:32:38 And I think it's okay, and I don't know, I ask the
14:32:41 rest of you how you all feel, if we just roll that
14:32:44 chapter 27 discussion into next week.
14:32:46 We already are scheduled for next week.
14:32:49 In the afternoon.
14:32:50 >>CATHERINE COYLE: Next week on Wednesday the
14:32:52 25th, it's a discussion.
14:32:53 It's not a council day.
14:32:54 It's a 12 p.m. in the Mascotte room.
14:32:56 >>GWEN MILLER: Okay.
14:32:57 Make that motion.
14:32:58 >>LINDA SAUL-SENA: We need to --
14:33:03 >>GWEN MILLER: Mr. Dingfelder?
14:33:05 >>CATHERINE COYLE: It's going to take awhile.
14:33:07 So I don't know how late.
14:33:09 >>THOM SNELLING: Land development.
14:33:18 We are scheduled to do that alley workshop at 1:30
14:33:21 right after this.
14:33:21 >>JOHN DINGFELDER: Right.
14:33:24 Which was part of my concern.
14:33:25 >>GWEN MILLER: Are you going to make a motion to
14:33:29 >>JOHN DINGFELDER: I'm just pointing out we have the
14:33:30 alley workshop that's been deferred for about a year.
14:33:33 And then we have this chapter 27 workshop scheduled
14:33:36 this afternoon.
14:33:36 And then next Wednesday we have a chapter 27 workshop.
14:33:40 I want to just throw it out there, council, you sort
14:33:42 it out.
14:33:45 >>GWEN MILLER: Won't we can put them together.
14:33:48 >>LINDA SAUL-SENA: I'm the chairman of the committee.
14:33:51 There's a lot to go over.
14:33:52 If you want me to do it on some morning I will be
14:33:54 happy to do that.
14:33:55 But I think you all care about 27 and I think council
14:33:57 needs to discuss it.
14:33:58 >>MARY ALVAREZ: You're absolutely right, Mrs.
14:34:00 Saul-Sena. The problem is, 12:00 is a bad time for
14:34:05 She can't come at 12:00.
14:34:08 >>LINDA SAUL-SENA: I mean -- why don't we do this now?
14:34:13 Because we are here and it's Thursday.
14:34:14 And Mr. Harrison's big point was we need to do things
14:34:19 on Thursday.
14:34:22 >>ROSE FERLITA: Yes, Thursdays, Ms. Saul-Sena.
14:34:24 But some of us will not be able to stay here for the
14:34:28 whole time.
14:34:29 >>MARY ALVAREZ: We can start at 9:00 in the morning or
14:34:34 8:00 in the morning on Wednesday.
14:34:36 Wednesday would be better.
14:34:37 But at midnight -- I mean -- it feels like midnight.
14:34:41 At noon, it's really hard.
14:34:44 We have other commitments.
14:34:45 I do.
14:34:50 Ding dinghy would say the converse, that Shawn,
14:34:53 because we have regular jobs on Wednesdays, that I
14:34:55 should be at my law firm practicing.
14:34:57 I know.
14:34:58 I should be at my law firm practicing at nine in the
14:35:03 >>> Part time jobs.
14:35:05 >> And I have to deal with my wife.
14:35:08 If I don't practice law.
14:35:10 >>THOM SNELLING: The alley workshop another time.
14:35:12 >>JOHN DINGFELDER: The alley workshop is less
14:35:20 >>THOM SNELLING: If you want to do that, I'll be glad
14:35:22 to come back.
14:35:26 >>JOHN DINGFELDER: Defer the alley workshop.
14:35:28 >>MARY ALVAREZ: Would you give private hearing on
14:35:30 these things anytime I need?
14:35:32 >>THOM SNELLING: Sure.
14:35:33 >>MARY ALVAREZ: Because I can't make it on Wednesdays.
14:35:37 >>THOM SNELLING: Do you know when you mate want to
14:35:41 Two weeks, three weeks?
14:35:43 >>JOHN DINGFELDER: What's another Thursday that we
14:35:46 don't have a night meeting?
14:35:48 >>THE CLERK: For the month of February, we have three
14:35:52 night meetings.
14:35:57 >>JOHN DINGFELDER: What about March?
14:35:59 >>THE CLERK: 16th is -- no night meeting.
14:36:04 >>JOHN DINGFELDER: Not a holiday or Easter.
14:36:10 >>MARY ALVAREZ: March 16th for alleyways?
14:36:15 >>JOHN DINGFELDER: Sorry, Mr. Snelling.
14:36:17 I know you have been waiting on that.
14:36:20 >> So moved.
14:36:20 >> Second.
14:36:20 (Motion carried).
14:36:21 >>ROSE FERLITA: Madam Chairman, I wasn't going to say
14:36:24 But I really need to say it.
14:36:25 I apologize to the audience.
14:36:26 Because they have to listen to all our internal
14:36:32 But Mr. Dingfelder, you're absolutely right, you have
14:36:35 a job.
14:36:35 So do I.
14:36:36 So does Mr. Harrison.
14:36:38 And it seems as we go forward from 1999, this way,
14:36:42 things have gotten worse.
14:36:44 Because we have more congested agendas, we always have
14:36:47 problems here, sometimes almost the morning meeting,
14:36:51 overlaps with the night meeting.
14:36:52 You have certain amount of times in the morning.
14:36:54 And there are a ton of different things that the staff
14:36:57 is nice enough to accommodate us with.
14:37:00 Mr. Smith was at the store yesterday, you know,
14:37:04 in-servicing me on something else.
14:37:06 It's incredible to me how counterproductive this
14:37:11 government appears to be.
14:37:12 And I'm tired of complaining about it.
14:37:14 So I'm just kind of resigned myself to I'll do
14:37:17 whatever I can.
14:37:18 You've got a certain amount of mornings, around your
14:37:20 client agenda, and around my store operation hours.
14:37:23 And this thing about, well, they can't come down there
14:37:26 to get this one thing out of the way because they
14:37:29 can't come to your store, they can't come to his place
14:37:32 of practice or yours or whatever, has to be at a
14:37:35 Newtal place, now we are trying to find from Mr.
14:37:37 Sparkman does Vermont to be at a neutral place or it
14:37:40 has to be in my office?
14:37:41 If I can get some of these other things that are able
14:37:43 to be done on one on one at my store, then I would
14:37:46 have more mornings to do this.
14:37:47 It's like I'm trying to adapt to everything we need to
14:37:51 listen to and be in-serviced about, but there's in a
14:37:55 And with all due respect, you guys who are attorneys
14:37:58 can get out of your office and come down here and
14:38:01 I have to pay a pharmacist because it's illegal for my
14:38:05 store to operate without a pharmacist.
14:38:07 And I'm not trying to get your support.
14:38:09 I am just trying to again verbalize my hardship so
14:38:13 people understand, I am not pounding on this just
14:38:15 because I want to be adversarial.
14:38:18 So because they can't come down there during the day,
14:38:21 I can't leave unless I hire somebody, I can't hire
14:38:23 somebody at my store five days a week, ten hours a
14:38:26 day, to accommodate this job.
14:38:28 I'm doing the very best I can.
14:38:30 And when Linda says, this is very important, it's
14:38:33 something you all want to know about.
14:38:34 Yes, I do.
14:38:35 Yes, I absolutely do.
14:38:36 And if we could get some of the other things out of
14:38:37 the way, if one of the staff members could come to my
14:38:41 place of business, my occupational place, for ten
14:38:44 minutes, 15 minutes, which is about three or four
14:38:46 minutes away during bad traffic, then I would have
14:38:49 more time free to come down here when we had to have a
14:38:53 You know, we argue about the things that should not be
14:38:56 the barricades to us getting more information so we
14:38:58 can make conscientious decisions about what we want to
14:39:02 It's an unbelievable demand.
14:39:04 For once in my life I was almost going to be quiet.
14:39:06 But it's like we are fighting against each other, one
14:39:10 branch to the other.
14:39:11 And if I saw more cooperation, it sure would be easier
14:39:14 to get the information I need to cast the right votes
14:39:17 for the citizens I represent.
14:39:18 It's like, I don't mean to be on this bandwagon, but
14:39:22 it's unbelievable to me that I don't feel like we get
14:39:25 the cooperation from the other side.
14:39:28 And I have to tell you, I apologize to staff, Mr.
14:39:30 Snelling, it takes a lot of time to get us prepped
14:39:32 about information we need.
14:39:33 But given that I will have to meet some of these
14:39:37 people for other things that can be done on a
14:39:38 one-on-one and a different time of the day then that
14:39:42 blocks out some of the mornings.
14:39:45 And, you know, I just need to have people understand
14:39:46 that, because I don't think it's a good process.
14:39:51 >>JOHN DINGFELDER: I appreciate that explanation.
14:39:52 Makes a lot of sense.
14:39:54 >>ROSE FERLITA: That's the only reason I am bringing
14:39:57 it up.
14:40:00 >>HEATHER LAMBOY: I now it's been a long day.
14:40:06 >>MARTIN SHELBY: If there's anyone here who has not
14:40:10 been sworn, if you would let us know now.
14:40:12 That being said, if you could just please be reminded
14:40:15 to state that you are sworn.
14:40:17 There's a little sign up there to remind you.
14:40:19 >>HEATHER LAMBOY: Land development.
14:40:21 I have been sworn.
14:40:21 The subject property
14:40:24 Is located to the west of I-275 on the north side of
14:40:28 Fowler Avenue before Florida Avenue.
14:40:31 The petitioner is requesting a 4(COP) which means the
14:40:35 sale of alcoholic beverages regardless of alcoholic
14:40:38 And a facility that has at least 50 seats or a minimum
14:40:43 floor area of 1,000 square feet.
14:40:47 The use is for incidental use, hotel, bar and
14:40:50 restaurant as well as a hotel room.
14:40:53 There is no wet zoned property or residential property
14:40:55 for any institutional use within a thousand feet.
14:40:58 The police report references a number of criminal
14:41:02 incidents occurring at the subject site, and the
14:41:05 recommendation from the police officer is, as gene
14:41:10 will tell you, they would rather have the 4(COP-X)
14:41:14 rather than the 4(COP) land development is in
14:41:18 concurrence with the police department. The 4(COP-X)
14:41:20 which means no alcoholic beverages may be taken off
14:41:22 premises be in place.
14:41:26 That concludes staff report.
14:41:32 >>> Gene Haines, police department.
14:41:33 I have been sworn.
14:41:36 You have the recommendation.
14:41:37 We don't have any recommendations, just the
14:41:39 suggestions that are on the report.
14:41:41 >>GWEN MILLER: Petitioner.
14:41:44 >>> Donald hall.
14:41:45 I represent the applicant.
14:41:46 I'm an attorney with Goze and hall, 28050 Clearwater,
14:41:52 Florida, from Goze and hall.
14:41:55 I have been sworn in.
14:41:56 I want to compliment all of you on the time you take
14:41:59 You're performing a great public service, and we all
14:42:02 appreciate it, believe me.
14:42:03 Even coming from Clearwater to hear this, I appreciate
14:42:06 your time and efforts.
14:42:07 >>JOHN DINGFELDER: How does it compare to Clearwater?
14:42:12 >>> You're all in the same boat, unfortunately.
14:42:14 But keep up.
14:42:15 Don't give up.
14:42:17 That's my advice.
14:42:18 Certainly, I represent the applicant.
14:42:23 I've talked to staff.
14:42:24 I want to complicate staff and Mr. Haines.
14:42:27 They have done an excellent job for the city.
14:42:29 I think they have been very cooperative with me on
14:42:33 I've talked to my client.
14:42:34 We would be happy to amend our application to go to a
14:42:37 4(COP-X) for this property.
14:42:40 Just a clarification on the staff report.
14:42:43 I don't believe there were any police infractions for
14:42:46 the property.
14:42:47 Maybe surrounding properties.
14:42:48 But not the subject property.
14:42:51 Oh, there were?
14:42:52 Okay, excuse me, then I'm corrected on that.
14:42:54 Certainly my client is here.
14:42:58 He's a businessman.
14:42:59 He wants to go ahead and approve this -- improve this
14:43:04 He's planning to put almost 500,000 improvements to a
14:43:07 restaurant, lounge, banquet facilities, that's going
14:43:10 to help his business, certainly, but the overall area
14:43:13 of the City of Tampa.
14:43:15 Right across the street is a new BMW and Porsche
14:43:21 I think certainly my client's intent is to improve the
14:43:24 area as a benefit to the City of Tampa.
14:43:26 So we respectfully request the commission to grant the
14:43:31 And we would be in accord with that.
14:43:32 Thank you very much.
14:43:33 I'm open for any questions.
14:43:34 And I would like to save time for rebuttal.
14:43:37 Thank you.
14:43:37 >>GWEN MILLER: Is there anyone in the public to speak
14:43:42 on item 53?
14:43:44 >>MARY ALVAREZ: Move to close.
14:43:46 Did you want to talk?
14:43:46 >>GWEN MILLER: We have a motion, need a second to
14:43:51 >>LINDA SAUL-SENA: Second.
14:43:53 (Motion carried).
14:44:02 Make a motion to send to legal.
14:44:04 >>MARY ALVAREZ: For 4(COP-X).
14:44:06 >>LINDA SAUL-SENA: Second.
14:44:08 (Motion carried).
14:44:09 >>GWEN MILLER: Need to open item 54.
14:44:12 >> So moved.
14:44:12 >> Second.
14:44:12 (Motion carried).
14:44:13 >>HEATHER LAMBOY: Land development.
14:44:17 I have been sworn.
14:44:18 The subject property is located at 1833 East 7th
14:44:22 Avenue and has a 1 zoning designation.
14:44:28 Because it's in the commercial corridor of Ybor City,
14:44:33 cultural and shopping at the Ybor City historic
14:44:35 districts, the Ybor City has its own special set of
14:44:39 regulations with reference to wet zoning.
14:44:41 And the petitioner is requesting an increase in size
14:44:45 of sidewalk cafe.
14:44:47 I have a diagram on the Elmo showing the sidewalk
14:44:50 cafe. This is 7th.
14:44:53 I'm sorry, 7th Avenue.
14:44:55 And the petitioner currently has service on the
14:44:58 We would -- they would like to expand the number of
14:45:02 seats from 7 tables with 19 chairs, to -- I'm sorry,
14:45:09 to seven tables with 19 chairs.
14:45:10 That concludes staff comments.
14:45:16 >>> Gene Haines, Tampa Police Department.
14:45:19 We have no objection to this wet zoning.
14:45:21 >>GWEN MILLER: Questions?
14:45:24 >>MARY ALVAREZ: Heather, I have a question for you.
14:45:27 What happens to these sidewalk cafes when we have the
14:45:32 knight parades and the others?
14:45:33 Are they still open?
14:45:36 Do they chain them around?
14:45:38 What happens?
14:45:39 >>HEATHER LAMBOY: I believe that's left up to the
14:45:41 They have a right to operate.
14:45:45 >>LINDA SAUL-SENA: I was there.
14:45:46 I can tell you that when there was a night parade they
14:45:49 didn't put the tables out because it was too crowded
14:45:52 on the sidewalks.
14:45:58 >>GWEN MILLER: Petitioner?
14:45:58 Are you the petitioner?
14:46:03 Put your name and address.
14:46:04 >>> Cobanna, 1833 East 7th Avenue.
14:46:12 >>GWEN MILLER: Is there anyone to speak on item 54?
14:46:15 >> Motion to close.
14:46:17 >> Move to close.
14:46:18 (Motion carried).
14:46:18 >>THE CLERK: Resolution approving the sidewalk cafe.
14:46:22 >>MARY ALVAREZ: So move it.
14:46:25 >>LINDA SAUL-SENA: Second.
14:46:25 (Motion carried).
14:46:26 >>GWEN MILLER: Thank you.
14:46:30 >> Move to open 55.
14:46:32 >> Second.
14:46:32 (Motion carried).
14:46:33 >>HEATHER LAMBOY: Land development.
14:46:36 I have been sworn.
14:46:38 The Publix property is located across Dale Mabry
14:46:43 Highway between Watrous Avenue and Neptune streets.
14:46:47 The petitioner is requesting a 3 PS, currently Publix
14:46:50 has a 2 PS designation allowing the sale of beer and
14:46:55 And they would like to expand the operation to include
14:47:00 The wet zoned properties located within a thousand
14:47:02 feet include the Publix, Italiano, Latin Cafe, Fuji
14:47:10 Japanese restaurant, Baxter lounge and Wright's
14:47:13 Gourmet House.
14:47:14 Residential property within a thousand feet.
14:47:16 The only residential property is an RS-50 zoned
14:47:19 district with a 960-feet of subject property.
14:47:23 And the institutional uses include Henry Grady
14:47:27 elementary, chapel, public library, fire station
14:47:31 number 14.
14:47:33 Staff concludes comments.
14:47:36 >>MARY ALVAREZ: Is this a separate building? Are they
14:47:43 planning to open a liquor store?
14:47:46 >>> Petitioner is requesting to open a liquor store
14:47:48 similar to what would you find at Kash N' Karry, for
14:47:50 They will have a separate entrance.
14:47:52 And they have met the requirements of code that state
14:47:57 must have a separate entrance, combined square footage
14:48:00 that exceeds 10,000 square feet, and is under the same
14:48:03 ownership as management, and alcoholic beverages sales
14:48:06 would constitute less than 50% of the combined total
14:48:09 annual gross revenue for the business.
14:48:11 >> Is that the little building they are building next
14:48:13 to the right now?
14:48:14 >>> I believe so, yes.
14:48:19 >>> Gene Haines, police department.
14:48:20 I have been sworn.
14:48:21 We have no objections to this petition.
14:48:23 >>GWEN MILLER: Petitioner?
14:48:27 >>> Good afternoon.
14:48:28 Grace Yang, Tampa, Florida 33602 here on behalf of the
14:48:37 As staff has already described, this is going to be a
14:48:40 proposed package liquor store adjacent to the existing
14:48:45 Publix liquor store.
14:48:46 And I'm available for any other questions.
14:48:48 I am here today accompanied also by Jeff pet at
14:48:56 Publix, Ed Wynn, strategic planning at Publix, along
14:49:00 with the store manager at this location, John Deisha.
14:49:07 >>JOHN DINGFELDER: When you all made your presentation
14:49:09 to the neighborhood association, Palma Ceia west, what
14:49:12 was their reaction?
14:49:14 >>> We have notified the neighborhood association in
14:49:16 writing of the application, and of the hearing, and
14:49:20 have not received any comments back from the
14:49:22 neighborhood association.
14:49:24 Either in writing or by telephone.
14:49:28 >> So you didn't have any meeting with them or
14:49:30 >>> No, sir.
14:49:33 >> Is this going to be on the same footprint as you
14:49:35 currently are on?
14:49:37 Or next door?
14:49:39 >>> It's going to be adjacent.
14:49:40 It's going to be next door to the existing Publix
14:49:42 liquor store -- excuse me, the liquor store is going
14:49:45 to be adjacent to the existing grocery store.
14:49:50 >> To the north, in that area?
14:49:52 >>> Yes.
14:49:52 In the same shopping center.
14:49:56 >> Yesterday when I saw this on the agenda, I sent
14:50:00 some e-mails to two other neighborhood associations
14:50:03 that you didn't notice, which are also adjacent, which
14:50:08 is Palma Ceia, and also golf view.
14:50:13 And neither of those associations had been contacted
14:50:15 or were aware of it.
14:50:17 And both presidents expressed a little bit of concern
14:50:20 because they had not had a chance to really discuss it
14:50:22 with their residents and with their members.
14:50:29 So I have a little bit of concern going forward with
14:50:33 first reading on this, just because it's clearly a
14:50:36 very, very new thing for that part of town.
14:50:42 That's not to say there's in a other liquor store,
14:50:45 because there is another liquor store a couple of
14:50:48 blocks to the south but that's the only one along
14:50:50 And I have a little bit of concern on that.
14:50:53 Sort of on the notice part of this.
14:50:55 I'm not saying you didn't notice legally.
14:50:58 >>> I believe we did comply with legal notice.
14:51:02 >>LINDA SAUL-SENA: I understand what you're saying,
14:51:04 Mr. Dingfelder.
14:51:05 And way might suggest is that we move on this today
14:51:09 and have second public hearing at our second reading,
14:51:13 and in the interim, request petitioner to notify those
14:51:17 two other civic organizations with the date of the
14:51:20 second public hearing, so if they want to weigh in
14:51:25 they can come down then.
14:51:28 >>JOHN DINGFELDER: Typically our next public hearing
14:51:30 would be, what, two weeks away.
14:51:31 I would ask in good faith that they take a little more
14:51:37 extra effort and not just send a written letter.
14:51:40 We have phone numbers and e-mail addresses for all
14:51:43 three of those neighborhood associations.
14:51:45 And let them know what your intent is, and that sort
14:51:48 of thing.
14:51:49 Just so there's plenty of discussion on this.
14:51:51 Because I don't want it to be a big surprise.
14:51:53 >>MARTIN SHELBY: Just so the record is clear, it's a
14:52:00 request that you are making of petitioner.
14:52:01 It's not a code requirement.
14:52:02 >>LINDA SAUL-SENA: Additional.
14:52:04 >>MARTIN SHELBY: It's a Q.and that's acceptable to
14:52:11 >>> We don't have any objection.
14:52:14 That would be fine, yes.
14:52:16 We will notify the two other neighborhood associations
14:52:18 as well then.
14:52:19 >>JOHN DINGFELDER: Specifically, what my request is
14:52:22 that you either verbally or by e-mail get in touch
14:52:25 with all three, all three neighborhood associations,
14:52:28 and offer to meet with them in the interim between now
14:52:31 and the next two weeks.
14:52:34 >>> That is fine.
14:52:34 >>MARY ALVAREZ: When you went for the wet zoning
14:52:42 permit and so on, did they tell you there were three
14:52:44 neighborhood associations in there or one?
14:52:46 >>> No, when we applied for the wet zoning they only
14:52:48 gave us the one neighborhood association information
14:52:50 to notify, and we did supply written notice
14:52:54 accordingly to Palma Ceia west neighborhood
14:52:56 >>MARY ALVAREZ: That's what I wanted to know.
14:52:59 >>JOHN DINGFELDER: If you think about it it's kind of
14:53:02 at the corner of all three neighborhood associations.
14:53:04 >>MARY ALVAREZ: I understand, Mr. Ding, but she didn't
14:53:08 >>JOHN DINGFELDER: And I never blamed her for that.
14:53:09 >>GWEN MILLER: Is there anyone in the public going to
14:53:12 speak on item 55?
14:53:14 >>MARY ALVAREZ: Move to close.
14:53:15 >> Second.
14:53:15 (Motion carried)
14:53:23 >>MARY ALVAREZ: Move an ordinance making lawful the
14:53:24 sale of beverages regardless of alcoholic content,
14:53:28 beer, wine and liquor, 3 PS in sealed containers for
14:53:33 consumption off premises at or from that certain lot,
14:53:36 plot or tract of land located at 1313 south Dale Mabry
14:53:38 Highway, Tampa, Florida, as more particularly
14:53:41 described in section 2 hereof, waiving certain
14:53:43 restrictions as to distance based upon certain
14:53:46 findings, providing for repeal of all ordinances in
14:53:48 conflict, providing an effective date.
14:53:50 >>GWEN MILLER: We have a motion and second.
14:53:52 (Motion carried).
14:53:55 Open 56.
14:53:56 >>MARY ALVAREZ: Move to open.
14:53:57 >>LINDA SAUL-SENA: Second.
14:53:58 (Motion carried)
14:54:01 >>HEATHER LAMBOY: Land development.
14:54:02 I have been sworn.
14:54:03 The subject property is located at 16041 Tampa Palms
14:54:08 It is once again another Publix market.
14:54:10 This is an aerial of the property located at Bruce B.
14:54:14 Downs and Tampa Palms Boulevard.
14:54:16 And with Ms. Alvarez' comment from last time, to show
14:54:25 you an illustration of where the proposed site is,
14:54:29 another 3 PS request.
14:54:34 Properties include the 2 APS designation that Publix
14:54:37 has now for beer and wine.
14:54:39 Corners grill at Ciccio and Tony's restaurant.
14:54:45 Residential properties within a thousand feet includes
14:54:47 Tampa Palms PD area 2 unit 5-B, single family
14:54:51 residential, and institutional uses within a thousand
14:54:54 feet includes Grace Episcopal Church which is 641 feet
14:55:00 This project meets the requirements of section 3-786 A
14:55:09 through D which requires the facility be adjacent and
14:55:16 under the same management.
14:55:17 That concludes staff comments.
14:55:21 >>> Gene Haines, police department.
14:55:24 Police department.
14:55:25 We have no objections to this wet zoning.
14:55:28 >>> Grace Robinson, 201 North Franklin Street, Tampa.
14:55:31 I have been sworn.
14:55:32 Happy to answer any questions from council at this
14:55:36 >>GWEN MILLER: Questions by council members?
14:55:37 Is there anyone in the public that would like to speak
14:55:39 on item 56?
14:55:41 >>MARY ALVAREZ: Move to close.
14:55:43 >> Second.
14:55:44 [Motion Carried]
14:55:44 >> Move an ordinance making lawful the sale of
14:55:53 alcoholic beverages, beer, wine and liquor 3(APS) in
14:55:57 sealed container for consumption off premises only at
14:56:00 or from the certain lot, plot or tract of land located
14:56:02 at 16041 Tampa Palms Boulevard, Tampa, Florida as more
14:56:07 particularly described in section 2 hereof waiving
14:56:10 certain restrictions based upon certain findings
14:56:13 providing for repeal of all ordinances in conflict
14:56:15 providing an effective date.
14:56:15 >>GWEN MILLER: We have a motion and second.
14:56:17 (Motion carried)
14:56:22 69 open 57.
14:56:23 >>MARY ALVAREZ: Move to open.
14:56:24 >> Second.
14:56:25 (Motion carried)
14:56:34 >>HEATHER LAMBOY: The petitioner is requesting a
14:56:40 2(COP-X) beer and wine designation for sell of
14:56:45 beverages containing alcohol more than 1% by weight
14:56:47 and not more than 14% by weight and wines regardless
14:56:50 of alcoholic content for consumption on premises only.
14:56:54 Wet zoned properties within a thousand feet include
14:56:57 the super K food mart, BP, Japanese restaurant,
14:57:01 Walters, famous barbecue, shells,.
14:57:07 Residential properties within a thousand feet includes
14:57:09 an RS-60 zoned district which is immediately adjacent
14:57:12 to the subject property, RM-16, 268 feet away,
14:57:15 residential office, 364 feet away, residential office
14:57:19 1, 720 feet away, and RS-50th, 747 feet away.
14:57:23 And an institutional use includes Lutheran church
14:57:29 south Dale Mabry Highway.
14:57:31 That concludes staff comments.
14:57:33 >>JOHN DINGFELDER: Question.
14:57:36 The agenda shows 2(COP-X).
14:57:38 >>HEATHER LAMBOY: That's correct.
14:57:42 >> Why not R if it's associated with a restaurant?
14:57:45 >>HEATHER LAMBOY: I'm not too sure of the Pizza Hut
14:57:47 facility because it has 30 seats does not meet the
14:57:50 restaurant designation.
14:57:51 And because it typically has to have 50 seats under
14:57:56 the requirements of chapter 3.
14:57:58 >> To ab restaurant?
14:57:59 >>> To ab restaurant, yes.
14:58:00 >> So the X still doesn't allow them to go off, to
14:58:04 take it off site.
14:58:06 >>> That's correct.
14:58:06 >> But it allows them, what, unlimited quantities, I
14:58:11 I mean, there's no relationship between the food and
14:58:13 the beer and wine with the X, correct?
14:58:18 >>> That's correct.
14:58:18 There's in a relationship.
14:58:19 They do not have to report annually to the city.
14:58:29 >>LINDA SAUL-SENA: So this approval would go to the
14:58:31 property, so it would be possible for the petitioner,
14:58:35 or for Pizza Hut, to sell to the a bar, and they would
14:58:38 have the zoning for cop-X?
14:58:43 >>> Yes, zonings do go with the property.
14:58:45 >> But 4(COP-X) would have a bar.
14:58:49 >>> 2(COP-X) is just a beer and wine.
14:58:51 >>JOHN DINGFELDER: It could be a beer and wine bar.
14:58:54 In college towns they exist.
14:58:57 >>> Gene Haines, police department.
14:58:59 I have been sworn.
14:58:59 We have no objections to the wet zoning.
14:59:02 >>GWEN MILLER: Petitioner.
14:59:08 >>JOHN DINGFELDER: While Mr. Bentley is coming up --
14:59:11 never mind, he's up.
14:59:12 >>MARK BENTLEY: Mark Bentley, 201 North Franklin
14:59:15 Street representing petitioner, Pizza Hut of America.
14:59:20 If you have any questions.
14:59:21 >>GWEN MILLER: Is there anyone in the public to speak
14:59:25 on item 57?
14:59:26 >> Move to close.
14:59:27 >> Second.
14:59:27 (Motion carried).
14:59:28 >>HEATHER LAMBOY: I would just like to correct my
14:59:32 position earlier.
14:59:35 There is a provision in the code for a 2(COP-R) which
14:59:37 allows a restaurant of 20 seats.
14:59:40 So if it's the pleasure of the council, the council
14:59:44 may change the designation to 2(COP-R) to limit to the
14:59:48 a restaurant use.
14:59:51 >>JOHN DINGFELDER: Mr. Bentley, is there any reason
14:59:53 why we wouldn't want to go that route, or why your
14:59:56 client wouldn't want to go that route other than the
14:59:58 reporting requirements?
15:00:00 >>MARK BENTLEY: Well, before I answer the question,
15:00:01 there's a competing code section.
15:00:03 That's why we ended up the way we did.
15:00:06 Section 330 (8).
15:00:15 >> Refer to people like Mr. Bentley as code-heads.
15:00:19 >>> I think the law is pretty important in this
15:00:21 In any event, this section specifies that it's
15:00:25 2(COP-R) has to have a minimum 50 seats.
15:00:28 So if you look at our application, we have 30.
15:00:30 So from our perspective we didn't qualify.
15:00:33 Now if the city attorney is telling us something
15:00:35 different, there's another code section that
15:00:37 supersedes this section, I think that's something we
15:00:39 would consider.
15:00:40 But quite frankly there's no such animal as a 2(COP-R)
15:00:45 under state law.
15:00:45 We have a 2(COP-X).
15:00:48 So Pizza Hut is based in Houston, Texas and they have
15:00:51 hundreds of locations.
15:00:52 The city has a quarterly reporting requirement.
15:00:54 And state law only has a biennial requirement.
15:00:57 So it's pretty unwieldy.
15:01:00 We all know what Pizza Hut does.
15:01:02 They sell pizza.
15:01:04 Everyone is familiar with Pizza Hut.
15:01:05 So number one, I think the reason we did it, there's
15:01:07 code sections that suggest we can't.
15:01:09 Number two, we just don't really think it's necessary.
15:01:16 >>MARY ALVAREZ: Mr. Bentley, when someone calls in for
15:01:18 Pizza Hut to deliver, and can they ask for beer to go?
15:01:26 >>MARK BENTLEY: They can ask but they are not going to
15:01:27 get it.
15:01:30 It's for consumption on the premises.
15:01:32 Not on the customer's premises.
15:01:37 >>MARY ALVAREZ: Just wanted to make sure.
15:01:39 Thank you.
15:01:39 >>GWEN MILLER: Are we ready to close the public
15:01:42 >>MARY ALVAREZ: I think Ms. O'Dowd.
15:01:49 >>GWEN MILLER: It was closed.
15:01:50 Yes, we did, we closed it.
15:01:53 >> Move to open.
15:01:54 >> Second.
15:01:54 (Motion carried).
15:01:54 >>CATHLEEN O'DOWD: Legal department.
15:01:59 There is another section of the code.
15:02:00 It's section 3-70-D.
15:02:03 And it addresses guidelines related to a 1(COP-R) and
15:02:08 And it does allow establishments to have a minimum
15:02:10 and/or seethe seating area of 20 seats.
15:02:13 So that language is in there.
15:02:16 We have processed applications before for a 2(COP-R)
15:02:20 that had less than 50 seats, as long as they had the
15:02:23 20 minimum indoor seats, they were processed.
15:02:26 With regard to the reporting requirements, it's every
15:02:29 six months, it's not every quarter.
15:02:30 Thank you.
15:02:35 >>MARK BENTLEY: The code still says every quarter and
15:02:37 I could find the section.
15:02:39 But our preference obviously is just put the 2(COP-X).
15:02:44 I believe the fillos if I and the intent of the "R" is
15:02:47 maybe someone operating subterfuge, operating a bar
15:02:52 and trying to get a restaurant classification.
15:02:54 I think you are dealing with Pizza Hut here.
15:02:56 I think it's a pretty well-known entity.
15:02:57 >>JOHN DINGFELDER: I think the concern that Ms.
15:03:00 Saul-Sena enunciated is pretty legitimate, you are
15:03:03 here today as Pizza Hut today, but if it sold tomorrow
15:03:07 it could be something else.
15:03:11 You know that and we know that.
15:03:14 If it's not too prejudicial you indicated could go
15:03:18 either way.
15:03:19 My leaning --
15:03:20 >>MARK BENTLEY: My suggestion is we modify to 2(COP-X)
15:03:24 with that the sale of alcohol be related to a
15:03:29 Therefore there's no quarterly reported.
15:03:31 She mentioned biennial but there's another code
15:03:33 section that says quarterly.
15:03:37 >>LINDA SAUL-SENA: I want to second what Mr.
15:03:40 Dingfelder said, which is request the petitioner amend
15:03:47 his petition for 2(COP-R).
15:03:51 Based on all the department -- the legal's
15:03:55 department's interpretation that's legitimate and only
15:03:58 requires reporting every six months and accomplishes
15:04:01 the stated desire just to be able to sell beer and
15:04:04 wine in conjunction with selling pizzas.
15:04:08 >>MARK BENTLEY: Okay, just before I close the
15:04:11 discussion here, here again, section 330 --
15:04:15 >>MARY ALVAREZ: We close it.
15:04:16 >>LINDA SAUL-SENA: We close it.
15:04:18 >>MARK BENTLEY: Here's what it says.
15:04:21 And it says more than 51% attributable to the sale of
15:04:25 food during each calendar quarter of each calendar
15:04:30 Each quarter.
15:04:31 So I mean that's my reading of the code.
15:04:33 >>MARTIN SHELBY: Is that the reporting requirement?
15:04:39 >>CATHLEEN O'DOWD: Section 380 of the code, the same
15:04:42 implementation of that requirement, requires the
15:04:44 reporting on the 15th day of January and July of
15:04:46 each year.
15:04:47 So it is twice a year.
15:04:49 That's how it's been implemented by the city.
15:04:51 >>JOHN DINGFELDER: Can we give you guys banjos so you
15:04:58 can dual?
15:05:00 >>> We'll modify to 2(COP-R) RL but I think we have
15:05:04 revealed some problems with your code as a result of
15:05:07 these discussions.
15:05:07 >>JOHN DINGFELDER: We appreciate it.
15:05:10 >>MARK BENTLEY: So that's voluntary, Mr. Shelby.
15:05:12 >>MARY ALVAREZ: Move to close.
15:05:15 >> Second.
15:05:16 (Motion carried).
15:05:16 >>MARTIN SHELBY: A direction.
15:05:18 >>LINDA SAUL-SENA: Move to ask legal to prepare a
15:05:23 >>GWEN MILLER: Motion and second.
15:05:24 All in favor of the motion?
15:05:28 (Motion carried) item 58.
15:05:29 >>MARY ALVAREZ: Move to open.
15:05:31 >>LINDA SAUL-SENA: Second.
15:05:33 >>JOHN DINGFELDER: Mr. Bentley knows that calling
15:05:38 someone a code head is a compliment.
15:05:39 >>HEATHER LAMBOY: Land development.
15:05:41 I have been sworn.
15:05:42 This is another Pizza Hut facility located at 4055
15:05:46 south Dale Mabry Highway.
15:05:48 It's located approximately just south of East Avenue,
15:05:55 to the east of church Avenue, and north of the
15:06:03 facility that has just been redone to condos.
15:06:06 The petitioner is requesting a 2(COP-X), beer and
15:06:09 wine, sale of beverages containing alcohol more than
15:06:13 1% by weight and not more than 14% by weight and wines
15:06:16 regardless of alcoholic content.
15:06:18 This Pizza Hut restaurant is a 94-seat restaurant
15:06:21 located in the south Dale plaza.
15:06:23 The wet zoned property is within a thousand feet
15:06:26 includes the mail room, legion post 139, the Mexican
15:06:32 Residential property within a thousand feet includes
15:06:35 an RS-50 single family zoned district 264 feet away,
15:06:39 RM-24 residential multifamily, 987 feet away.
15:06:45 There are no other institutional uses within a
15:06:48 thousand feet of the site.
15:06:54 >>JOHN DINGFELDER: Across the street from Briton
15:07:00 >>> Yes.
15:07:03 >>> Gene Haines, police department.
15:07:04 I have been sworn.
15:07:05 We have no objections to this wet zoning.
15:07:06 >>GWEN MILLER: Petitioner?
15:07:08 >>MARK BENTLEY: Mark Bentley representing Pizza Hut of
15:07:12 I would like to think that I'm a reasonably
15:07:15 intelligent person and recognizing that my arguments
15:07:17 weren't too successful last time, we would voluntarily
15:07:20 amend our application to a 2(COP-R).
15:07:23 Thank you very much.
15:07:23 >>GWEN MILLER: Would anyone in the public like to
15:07:25 speak on item 58?
15:07:28 >>MARY ALVAREZ: Move to close.
15:07:29 >> Second.
15:07:29 (Motion carried).
15:07:29 >>CHAIRMAN: Need to make a motion to send to legal.
15:07:33 >>LINDA SAUL-SENA: So moved.
15:07:35 >>MARY ALVAREZ: Second.
15:07:36 (Motion carried).
15:07:38 >>GWEN MILLER: 59.
15:07:40 >> Move to open.
15:07:41 >> Second.
15:07:41 (Motion carried).
15:07:42 >>HEATHER LAMBOY: Land development.
15:08:24 I have been sworn.
15:08:26 The subject property is located at 3112 and 3116 west
15:08:33 As you can see from the rezoning map, which is -- you
15:08:48 have the correct one.
15:08:51 I said the wrong one.
15:08:56 >>MARY ALVAREZ: Is this 59 or 60?
15:09:03 >>JOHN DINGFELDER: 59.
15:09:04 >>HEATHER LAMBOY: Did I grab the wrong one?
15:09:08 >>MARY ALVAREZ: This is wrong.
15:09:09 >>HEATHER LAMBOY: I'm ahead of myself.
15:09:14 >>GWEN MILLER: Long day.
15:09:33 >>GWEN MILLER: This is 59.
15:09:34 >>HEATHER LAMBOY: As council may recall this came to
15:09:36 you as a special use.
15:09:38 The subject property is located on shadowlawn at the
15:09:42 intersection of 17th, south of Hillsborough
15:09:47 The petitioner has been using this property as a
15:09:48 church facility.
15:09:49 This is the existing single-family residence.
15:09:58 This is the view down 17th street.
15:10:00 The view down shadowlawn.
15:10:03 And the residence immediately adjacent to the subject
15:10:09 The request was for a church use in a neighborhood
15:10:13 because the site was existing and there were too many
15:10:15 waivers requested.
15:10:16 Therefore the waivers would require the petitioner to
15:10:18 go to the Variance Review Board.
15:10:22 Council at that time suggested that the petitioner
15:10:23 come back with a PD or planned development so that the
15:10:26 waivers could be granted by this body.
15:10:29 There have been no phone calls and no one has shown
15:10:32 opposition to this petition since it was refiled as a
15:10:35 planned development.
15:10:36 Mr. Harrigan amended the application, paid his fee and
15:10:40 renoticed the neighborhood.
15:10:42 According to Ms. Boyle, he has worked very hard on a
15:10:44 limited budget with staff to try to overcome all the
15:10:48 He has been operating as a church for more than three
15:10:52 years and did not realize the need to have it rezoned
15:10:55 to have a church.
15:10:56 Last year he nailed a sign to history in front yard
15:11:01 and code enforcement cited him for the sign and
15:11:05 realized did he not have proper zoning.
15:11:07 He is under the code violation currently.
15:11:09 The church has a congregation of approximately 10
15:11:11 people and has room for 20 seats.
15:11:13 Staff does not feel that this use negatively impacts
15:11:16 the neighborhood.
15:11:18 There were some staff concerns with this petition.
15:11:22 There are several waivers that are listed in the staff
15:11:26 The concerns have been addressed by staff, with one
15:11:32 The site plan has to be clarified as the type of
15:11:36 fencing proposed.
15:11:38 It shows a chain link fence. The required buffer for
15:11:41 27-130 for a church adjacent to residential property
15:11:44 is 10 feet wide, which includes hedges and trees.
15:11:47 The site plan only shows a fence and ground cover.
15:11:51 No evidence has been submitted that shows adjacent
15:11:54 property owners are supportive. Proposed buffer.
15:11:58 It's not clear to staff whether that chain link fence
15:12:00 is his or the adjacent property owners.
15:12:02 It was just accidentally built on his property.
15:12:06 That concludes staff comments.
15:12:09 Also, I would like to fill in for Mr. Garcia who is
15:12:12 not able to be here there, were no objections from
15:12:15 Planning Commission.
15:12:15 >>JOHN DINGFELDER: You gave us a site plan that looks
15:12:18 like it was pretty much the same site plan we saw in
15:12:22 >>HEATHER LAMBOY: That's correct.
15:12:23 With the exception that Mr. Harrigan added the waivers
15:12:25 to the waiver language to the site plan.
15:12:29 >> Where it says waivers 1 through 7?
15:12:31 >>> That's correct.
15:12:32 >> Okay.
15:12:33 So the reference, just for clarification, the
15:12:35 reference says "allow the Variance Review Board to
15:12:38 consider as follows."
15:12:40 That's in fact asking us to consider those variances?
15:12:43 >>> That is correct.
15:12:43 >>JOHN DINGFELDER: Because we probably need to fix
15:12:46 that on the site plan.
15:12:47 >>> I will fix that on the site plan.
15:12:50 The other question I have is the space inside, does
15:12:59 the petition make any reference to the worship space
15:13:02 or the worship number of seats or anything like that?
15:13:06 My only concern is, if currently, like let's say the
15:13:10 original living room holds 30 people and that's what
15:13:14 they are using, and that's what we are comfortable
15:13:16 with, and that sort of thing.
15:13:18 But then if they grew, and they gutted the entire
15:13:21 house, and petitioner, you can ask the question, I
15:13:24 guess, probably more appropriately.
15:13:25 But if they grew and they gutted the whole house, and
15:13:28 then cot hold 100 people, that would obviously have a
15:13:30 much bigger impact on the parking and the neighborhood
15:13:35 So I want the petitioner to perhaps speak to some of
15:13:37 >>HEATHER LAMBOY: I believe Ms. Boyle has council Mr.
15:13:44 Harrigan to that.
15:13:45 Right now it only allows 20 seats.
15:13:46 >>GWEN MILLER: Petitioner?
15:13:49 >>> Good evening.
15:13:50 My name is Herbert Harrigan.
15:13:52 My address is 5117-weather 19th street, Tampa,
15:13:59 It was by mistake I use the house as a church.
15:14:04 And I don't think we could open any more to get any
15:14:09 more people in it.
15:14:11 And we have grown.
15:14:11 We are in the process of maybe might move in the
15:14:14 But as far as we know right now, it's going to take a
15:14:18 lot of time before we move into it.
15:14:20 And so I don't know what God has for us, but that's as
15:14:30 far as we are going to go right now.
15:14:31 >>JOHN DINGFELDER: Are there a certain amount of seats
15:14:36 that you can maximize in that room?
15:14:39 >>> Yes.
15:14:39 Right now we have the maximum seat.
15:14:40 But what the restaurant we do, we do Sunday school for
15:14:43 kids and all the stuff like that.
15:14:45 So we have no more seating.
15:14:47 >> So how many seats?
15:14:49 >>> We have about 25 seats.
15:14:50 >> If we put on the site plan, you know, a maximum of
15:14:53 30 seats in the worship area, would that accommodate
15:14:57 your growth needs for this property?
15:15:01 >>> It could particularly, but --
15:15:04 >>: Give us an idea.
15:15:05 I want to do something reasonable that will allow you
15:15:09 to grow a little bit but not too much because I have
15:15:11 concerned --
15:15:12 >>> I think about 40 people should be all right.
15:15:15 Dick duck I'd like to put that on the site plan if
15:15:17 that's okay with you.
15:15:19 >>GWEN MILLER: How many parking spaces?
15:15:21 >>> We didn't have much parking space.
15:15:23 That's the problem right now.
15:15:24 >>GWEN MILLER: You have three parking spaces?
15:15:28 >>> Four.
15:15:29 >> And you have ten members?
15:15:31 >>> We have about 17, 18, 20.
15:15:35 >> Park on the grass?
15:15:37 >>> Sometimes we pick them up, church van or
15:15:41 >> How many people drive to church?
15:15:43 >>> Sometimes two, three, four.
15:15:44 >> And that's all your parking spaces?
15:15:46 >>> Yeah.
15:15:47 That's the legal.
15:15:47 But we had all the parking all the way around, now.
15:15:51 We could park about 50 cars in there.
15:15:53 >> All around what?
15:15:56 >> All around like in front of the church.
15:16:01 It not illegal but --
15:16:02 >>: In the yard?
15:16:03 >>> In the yard, yes, of the house.
15:16:04 >>GWEN MILLER: It's illegal, right?
15:16:07 Yeah, you're parking illegally, correct.
15:16:10 >>JOHN DINGFELDER: That's why he's trying to get
15:16:13 >>> That's why we are trying to get legal so we don't
15:16:16 do that no more.
15:16:17 >>GWEN MILLER: Is anyone next door on the north or
15:16:19 south of you?
15:16:20 >>> Oh, sure.
15:16:21 We have the next door who is coming with us.
15:16:25 >> So people that live next to you go to your church?
15:16:28 >>> Sure.
15:16:28 >>MARY ALVAREZ: Do you own the house?
15:16:34 >>> Yes.
15:16:38 I live at 10924 north --
15:16:42 >>: Don't live in this house?
15:16:44 >>> No.
15:16:45 >> Do you live in the neighborhood?
15:16:46 >>> Not in the neighborhood.
15:16:47 I used to live in there.
15:16:49 >> You lived in there, and hen you made it a church?
15:16:52 >>> Yes.
15:16:55 >>GWEN MILLER: Would anyone in the public like to
15:16:57 speak on item number 59?
15:17:01 >>> Whatever is here, they are members of the church.
15:17:04 They come to support me.
15:17:05 >>MARY ALVAREZ: Move to close.
15:17:11 >>GWEN MILLER: Motion and second to close.
15:17:12 (Motion carried).
15:17:13 >>GWEN MILLER: Pleasure of council?
15:17:18 >>MARY ALVAREZ: I'm going to move to deny.
15:17:20 I'm afraid that it just doesn't go in this
15:17:28 And I'm afraid that one day when he does sell this
15:17:31 house, it will have to go back to be -- it will have
15:17:34 to be a single-family residence.
15:17:37 And he's parking illegally now.
15:17:40 There's just too many problems with it.
15:17:41 So I move to deny it.
15:17:42 >>LINDA SAUL-SENA: I'm not going to support the
15:17:48 I'll make a motion to approve it with the
15:17:50 understanding that the property is limited to 30 seats
15:17:57 in the sanctuary.
15:17:59 Because I really don't think it could accommodate any
15:18:02 more than that.
15:18:02 And I think this is probably interim.
15:18:06 >>JOHN DINGFELDER: Mary, with all due respect I'm not
15:18:10 going to support the motion mainly because the
15:18:11 testimony we received the last time, when they were
15:18:15 here before us, and then we asked them to switch to
15:18:18 the a PD, because it was in some other forum for it.
15:18:23 And the testimony we received was that he had been
15:18:26 operating this sort of as a de facto church for a
15:18:29 couple of years.
15:18:31 And there hadn't been any complaints from the
15:18:34 And I think that that's very significant.
15:18:37 So apparently he's being responsible.
15:18:41 He's trying to do his best.
15:18:47 And we did ask them to come back as a PD.
15:18:50 I think in good faith, no pun intended, we should go
15:18:54 ahead and allow the rezoning.
15:18:58 >>MARY ALVAREZ: The staff is objecting to it, too.
15:19:04 >>JOHN DINGFELDER: Staff is objecting?
15:19:06 >>CATHERINE COYLE: Land development.
15:19:07 Want you to consider through the fact through this
15:19:09 review the seats were limited to 20.
15:19:11 Transportation review and zoning review is limited to
15:19:14 20 because the waiver that's listed on the plan, we
15:19:16 calculate the parking spaces by the number of seats.
15:19:20 It's .3 parking spaces per seat.
15:19:23 They are limited to 20 not only for the size of the
15:19:25 building but the size of the property and how many
15:19:27 parking spaces could be supported.
15:19:28 So actually council is doubling the size of the
15:19:33 >>JOHN DINGFELDER: The motion that's on the floor is
15:19:36 to deny so let's deal with that one first.
15:19:38 >>MARTIN SHELBY: Was there a second?
15:19:40 >>GWEN MILLER: Did we get a second?
15:19:42 >>LINDA SAUL-SENA: I move to approve with the
15:19:45 limitation on 20 seats.
15:19:49 >>JOHN DINGFELDER: I'll second it.
15:19:50 I misunderstood that.
15:19:54 >>ROSE FERLITA: Just clarification.
15:19:55 I don't know who can answer it.
15:19:58 What happens in terms of what Ms. Alvarez says?
15:20:00 What happens if this church goes away?
15:20:02 What are we doing with that site because it's a PD
15:20:06 >>CATHERINE COYLE: It runs with the property.
15:20:08 It is a church with 20 seats. If they choose to
15:20:10 change the use they would have to rezone the property
15:20:12 >>MARTIN SHELBY: I have a concern.
15:20:17 If what you're talking about and what Ms. Coyle is
15:20:20 stating is testimony, it may have an effect on your
15:20:23 hearing, you are going to have to reopen.
15:20:25 >>LINDA SAUL-SENA: Move to reopen.
15:20:28 >> Second.
15:20:28 (Motion carried)
15:20:34 >>GWEN MILLER: If they sold to someone else what would
15:20:39 happen to the building?
15:20:39 >>CATHERINE COYLE: Rezoning does run with the land so
15:20:40 it is a church with 20 seats and four parking spaces.
15:20:43 >>GWEN MILLER: If they sold to someone else, would the
15:20:45 person have a church, too?
15:20:49 >>LINDA SAUL-SENA: Not really.
15:20:50 >>CATHERINE COYLE: I mean, we could allow, if council
15:20:53 wants it to be converted back to a single-family
15:20:56 house, we could put that on the plan with the
15:20:58 stipulation that the parking area is restored to
15:21:01 residential yards.
15:21:03 >>LINDA SAUL-SENA: Send it back to legal or just write
15:21:12 a note on the site plan?
15:21:15 >>CATHERINE COYLE: Did you catch the note about the
15:21:17 parking area being restored?
15:21:20 >>GWEN MILLER: Do what now?
15:21:22 >>JOHN DINGFELDER: So you understand what we're saying
15:21:24 is, if you ever sold it, and the next person didn't
15:21:27 want to use it as a church but wanted to use it back
15:21:30 as a house, then they can under this zoning that we're
15:21:33 It can be either a church or a single-family house.
15:21:40 >>GWEN MILLER: I thought he said --
15:21:43 >>LINDA SAUL-SENA: It wouldn't have to be.
15:21:46 >>JOHN DINGFELDER: The site plan says it doesn't have
15:21:47 to go back.
15:21:48 >>GWEN MILLER: I think it would convert back into a
15:21:50 single-family home.
15:21:53 >>MARTIN SHELBY: My understanding is, it would
15:21:54 continue as a church unless the new purchaser wished
15:21:57 to have it converted to a single family, in which case
15:22:00 it would be permitted -- assuming the parking was --
15:22:05 it wouldn't have to come before council.
15:22:07 >>GWEN MILLER: If they want a church and they want to
15:22:10 >>MARTIN SHELBY: If they wanted to have a church it
15:22:12 would be limited to 20.
15:22:16 >>JOHN DINGFELDER: The church is limited to this.
15:22:17 Any changes would have to come back.
15:22:20 >>MARY ALVAREZ: So does the ordinance have to be
15:22:25 >>MARTIN SHELBY: It's legally sufficient.
15:22:27 You have to close the public hearing.
15:22:35 >>LINDA SAUL-SENA: Second.
15:22:36 >>GWEN MILLER: Motion and second to close.
15:22:37 (Motion carried).
15:22:38 >>LINDA SAUL-SENA: Move an ordinance in the general
15:22:40 vicinity of 5117 north 17th street City of Tampa
15:22:45 from zoning district classifications RS-60 residential
15:22:48 single-family to PD, church, providing an effective
15:22:57 >>JOHN DINGFELDER: Second.
15:22:57 >>GWEN MILLER: We have a motion and second.
15:22:58 (Motion carried).
15:22:59 >>LINDA SAUL-SENA: Move to open 60.
15:23:11 >>JOHN DINGFELDER: Second.
15:23:11 (Motion carried).
15:23:12 >>HEATHER LAMBOY: Land development.
15:23:15 I have been sworn.
15:23:17 The subject property now is located at 3112 and 3116
15:23:26 west Azeele and 404 south Matanzas, single family
15:23:32 residential development.
15:23:33 Immediately across the street of the subject property,
15:23:36 to the west, is --
15:23:40 >>JOHN DINGFELDER: Can you go back one frame?
15:23:42 I didn't catch that.
15:23:47 >>HEATHER LAMBOY: That's the subject property.
15:23:49 Two residential houses.
15:23:51 As you can see --
15:23:53 >>LINDA SAUL-SENA: We can't see.
15:23:56 >>JOHN DINGFELDER: So it's throw houses?
15:23:59 >>HEATHER LAMBOY: At least three houses.
15:24:00 >>JOHN DINGFELDER: This is the Azeele.
15:24:07 >>HEATHER LAMBOY: Adjacent to the west.
15:24:09 Adjacent to the north of the subject property, single
15:24:11 family residential development.
15:24:12 And this is across Matanzas.
15:24:18 Petitioner is requesting to re zone from residential
15:24:21 multifamily to PD single family attached.
15:24:24 And I'll show you elevation of the property.
15:24:28 As petitioner proposes it.
15:24:29 The petitioner will construct two residential
15:24:32 buildings on-site, four dwelling units along Azeele
15:24:35 street and the other containing 8 dwelling unit on the
15:24:38 southern portion of the property. The units are
15:24:39 designed in a modern sine style with pitched roofs.
15:24:42 The maximum proposed height is 45 feet.
15:24:44 Petitioner has submitted all elevations.
15:24:50 And the petitioner, there was one note change that
15:24:53 staff had requested regarding construction around a
15:24:58 And the petitioner has made that note change on the
15:25:01 site plan, and staff has no objections.
15:25:10 Planning Commission has no objections to this
15:25:12 That concludes staff comments.
15:25:16 >>STEVE MICHELINI: We were asked to make a couple of
15:25:21 changes that flipped the sidewalk from one side of the
15:25:24 building to the other, add a couple of notes regarding
15:25:26 protective trees.
15:25:27 This is adjacent to apartment buildings for the most
15:25:32 part and professional offices.
15:25:33 I know that Heather said these are single family.
15:25:36 These are duplexes being removed.
15:25:39 And we respectfully request your approval.
15:25:42 >>GWEN MILLER: Is there anyone in the public that
15:25:44 would like to speak on item 60?
15:25:46 >>MARY ALVAREZ: Move to close.
15:25:46 >>JOHN DINGFELDER: Question before you close.
15:25:54 You probably said this, Heather, but previously there
15:25:57 were objections from staff.
15:25:58 >>HEATHER LAMBOY: That's correct.
15:26:06 That is from the land development landscape specialist
15:26:09 regarding trees on-site as well as placement of the
15:26:14 >>JOHN DINGFELDER: How about overall land use
15:26:16 I'm looking at the arrow to the east.
15:26:22 There is a legitimate single-family house on Azeele,
15:26:31 >>> Let me put the arrow up.
15:26:34 This is the subject property.
15:26:38 To the east it is an office.
15:26:42 >> Is that like a little house?
15:26:44 >>> It's been converted.
15:26:45 >> It's been converted.
15:26:48 Now back to the south.
15:26:50 >>> And to the south, there is an apartment building.
15:26:53 >> The immediate south.
15:26:57 >>> And that is a single-family residence.
15:27:01 >>JOHN DINGFELDER: Because your yellow line is
15:27:03 slightly off.
15:27:07 So the next thing to the south is single-family on
15:27:14 >>> That's correct.
15:27:14 >>JOHN DINGFELDER: Mr. Michelini, you're welcome to
15:27:18 respond to my question now.
15:27:22 >>STEVE MICHELINI: Through the DRC process we were
15:27:25 asked to move the building farther away from the rear
15:27:28 property line.
15:27:29 And that was one of the things that happened before it
15:27:31 came to you.
15:27:33 In addition to that, we were asked to flip the
15:27:35 sidewalk and put the sidewalk in the rear to create a
15:27:38 garden-style entry on the rear side, so that there
15:27:43 were no vehicles in the back.
15:27:44 And we did both of those things.
15:27:46 So we centralized the drive aisles, isolating the
15:27:56 yards and other buildings.
15:27:58 >> And do we have that new garbage unit in here,
15:28:02 inside pickup?
15:28:04 >>> All of those are inside.
15:28:06 This is curbside which actually occurs in the main
15:28:09 drive alley between the two buildings so you won't be
15:28:12 seeing the truck, either Azeele or Matanzas.
15:28:16 >> I'm glad to see you have two guest parking spaces.
15:28:20 >>MARY ALVAREZ: Motion to close.
15:28:23 >> Second.
15:28:23 (Motion carried).
15:28:23 >>MARY ALVAREZ: Move an ordinance rezoning property in
15:28:33 the general vicinity of 3112 and 3116 west Azeele
15:28:38 street and 404 south Matanzas in the city of Tampa,
15:28:40 Florida and more particularly described in section 1
15:28:43 from zoning district classifications RM-24 residential
15:28:46 multifamily to PD, single-family attached, providing
15:28:49 an effective date.
15:28:54 >>GWEN MILLER: We have a motion and second.
15:28:55 (Motion carried)
15:28:56 While we are waiting for the workshop, we will go to
15:28:58 information from council members.
15:28:59 Ms. Ferlita.
15:29:02 >>ROSE FERLITA: I'd like to thank reporter Ellen for
15:29:06 bringing up this issue about the Yankees.
15:29:08 When I was growing up in Tampa, I think Tampa was
15:29:11 called Tampa, St. Pete was called St. Pete, Clearwater
15:29:14 was called Clearwater, and now it's become Tampa Bay.
15:29:17 However, back to Tampa.
15:29:17 So signs of gateway to Tampa celebrate the city's four
15:29:22 teams national titles. The move is on to recognize
15:29:24 the New York Yankees, too.
15:29:26 I don't think we can quantify what one team does
15:29:29 versus another.
15:29:30 One team is here for 60 days spring training, and
15:29:32 another team is in St. Pete 360 days.
15:29:35 It's not for me to decide the impact.
15:29:37 However, it is for me to editorialize about the fact
15:29:42 the Yankees have been here a long time, they are part
15:29:44 of the fiber of this community.
15:29:45 You talk about the Yankees to people that look forward
15:29:47 to their spring training, and a lot of us fight for
15:29:50 those tickets and make sure we get it before they
15:29:54 Should the Yankees be recognized on city-wide signs
15:29:58 that herald the area's sports title?
15:30:00 They have spring training here for sure.
15:30:02 But given what the Yankees have done for this
15:30:04 community, I don't think it's about the number of
15:30:05 days, it's about what they do for our community.
15:30:08 The mayor has said that the Devil Rays are the home
15:30:11 I think that they are housed in St. Petersburg.
15:30:13 So still to me, the Yankees are the home team.
15:30:16 Doesn't matter if you pick the Devil Rays or doesn't
15:30:19 matter if you pick the Yankees.
15:30:20 But if we say welcome to Tampa, city of champions,
15:30:23 Super Bowl, Stanley Cup, Arena Bowl, seems to me that
15:30:26 the Yankees have won a spot on recognition and we are
15:30:31 not giving it to them.
15:30:32 And as always, of course, we cannot demand that the
15:30:36 administration do something about that.
15:30:38 It's the mayor's choice not to.
15:30:39 But I think we ought to give the Yankees their due.
15:30:43 I'm hanging onto my spring tickets, spring training
15:30:46 tickets, because I think the Yankees are part of what
15:30:48 Tampa is about.
15:30:49 And I thank them for what they have done.
15:30:51 And I think a little recognition based on fairness
15:30:57 goes a long way.
15:30:58 That's my editorial for the day.
15:30:59 >>GWEN MILLER: I feel the same way.
15:31:01 >>MARY ALVAREZ: Thank you, Mr. Steinbrenner.
15:31:05 >>GWEN MILLER: The Yankees have done a great thing for
15:31:07 the City of Tampa along with Mr. Steinbrenner and they
15:31:09 are here.
15:31:10 And you pass by the stadium, it's always full.
15:31:13 They need to get the recognition.
15:31:17 They have how many championships?
15:31:20 >>ROSE FERLITA: And I think John felt the same way.
15:31:22 We brought it up awhile back, John.
15:31:24 And nothing was done.
15:31:25 So I'm glad in conversation with Ellen that this has
15:31:29 And I thank her for doing that.
15:31:31 Wherever she's hiding behind gene.
15:31:34 >>MARY ALVAREZ: You go, girl.
15:31:36 >>GWEN MILLER: Maybe something might happen to include
15:31:39 them in there.
15:31:40 >>MARY ALVAREZ: Yeah, right.
15:31:42 >>ROSE FERLITA: That's plenty.
15:31:45 Thank you, Madam Chairman.
15:31:46 >>MARY ALVAREZ: Just a couple of things.
15:31:48 To report that YCDC marketing committee meeting
15:31:55 Tuesday and they are well on their way to coming up
15:31:57 with some programs.
15:31:59 And we will be hearing about them very soon.
15:32:02 And there's a meeting on February 15th, I believe,
15:32:07 at 3:30 in the afternoon.
15:32:10 And everybody is invited.
15:32:12 You all asked for invitations, and I'm giving you one.
15:32:15 So that's one thing.
15:32:19 The other thing is, I want to -- this is for
15:32:24 informational purposes.
15:32:26 But the City of Tampa has begun the process with the
15:32:31 community development block grant CDBG program, the
15:32:35 home partnership program and the home qualified
15:32:37 Community Housing Development Organizations, the CHDO,
15:32:42 and the Funding Availability and Technical Assistance
15:32:44 workshop public notice was published in the Tampa
15:32:47 Tribune for the Sentinel and Internet and CTTV
15:32:53 The budget housing and office house community meeting
15:32:57 will conduct a workshop Tuesday the 24th.
15:33:01 We need people out there from 2 to 4 p.m. at City
15:33:03 Council chambers.
15:33:04 And the applications are available in the budget
15:33:06 office, 306 East Jackson Street east or on the web
15:33:11 WWW Tampa gov.net.
15:33:18 Anyone that's visiting that has an interest in getting
15:33:22 CDBG funds, please apply.
15:33:29 And the other thing is that the West Tampa housing
15:33:32 initiative, the City of Tampa, the West Tampa CDC and
15:33:37 center for women will have several informational
15:33:40 community meetings for the residents of West Tampa to
15:33:42 introduce sources such as home repair grants, zero
15:33:45 interest loans to rehabilitate homes and repair code
15:33:48 violations, employment opportunities, and other
15:33:50 enrichment services.
15:33:51 And you can obtain applications and information at the
15:33:55 West Tampa library at 2212 west union street in West
15:33:58 Tampa, January 24th, at 2 p.m., 2 to 4, January
15:34:04 24, 6 to 8, and January 26th, 6 to 8 p.m.
15:34:08 And that will be the Spanish-speaking meeting.
15:34:15 That's my information.
15:34:17 >>ROSE FERLITA: I got four of those.
15:34:18 And are you responsible for sending me four of those?
15:34:24 >>MARY ALVAREZ: If you want me to.
15:34:25 >>LINDA SAUL-SENA: Thank you.
15:34:29 There was a workshop yesterday about the comp plan,
15:34:32 and we discovered that we had a whole lot to do with
15:34:35 the -- anyway, we are working on it.
15:34:40 We'll have names about once a month to look at where
15:34:42 we are, in terms of planning, and what we need to be
15:34:47 And I just wanted to let you know, I know that
15:34:50 everybody does the best they can in terms of going to
15:34:52 so many meetings.
15:34:53 We are just doing so much.
15:34:55 It's very challenging.
15:34:56 And as a corollary to that, next Wednesday at noon, I
15:35:00 have a meeting on chapter 27.
15:35:02 Maybe if we could just spend 30 minutes on 27 and
15:35:05 make -- maybe make some headway.
15:35:10 >>ROSE FERLITA: I think they need to be the
15:35:13 I'm not doing it.
15:35:28 >>GWEN MILLER: Mr. Dingfelder, information?
15:35:31 >>JOHN DINGFELDER: A couple of things.
15:35:32 Just at the local level, I think we need to keep
15:35:36 working on this buzzer thing.
15:35:39 And I'll leave that as "enough said."
15:35:43 Number 2, Rose and I attended the Virginia park
15:35:49 neighborhood association headed by John Weiss the
15:35:52 other day.
15:35:53 They had a great turnout.
15:35:54 And about 40, 50 people off and on.
15:35:59 We also attend add new formation meeting of -- what do
15:36:02 they call them, the Gandy Westshore?
15:36:04 It's sort of the --
15:36:07 >>ROSE FERLITA: It's next to Steenson's.
15:36:09 >>JOHN DINGFELDER: It's kind of along Westshore,
15:36:14 toward the intersection of Gandy, in that area.
15:36:17 But, anyway, they had more than 125 people and they
15:36:23 are just forming.
15:36:23 So that's very exciting.
15:36:25 We'll be hearing more.
15:36:26 But going back to Virginia park, Rose and I witnessed
15:36:31 a vote that almost unanimously, with about two or
15:36:35 three people dissenting, the Virginia park
15:36:37 neighborhood association has asked City Council to
15:36:41 initiate a plan amendment, like we did for Palma Ceia,
15:36:44 but in this case, instead of what we did in Palma
15:36:47 Ceia, which is slightly different, about two-thirds of
15:36:51 Virginia park, they want us to consider down planning
15:36:54 from R-10 to R-6.
15:36:57 What that would do, if it was ultimately approved, it
15:37:00 would eliminate the splitting of lots going from the
15:37:05 RS-75 to RS-50 and that sort of thing, what used to be
15:37:10 the 80% rule and all that.
15:37:12 So effectively what it would create is sort of the
15:37:15 permanence of the large lots with the large lawns.
15:37:19 And I think that neighborhood has at least on a
15:37:21 preliminary basis spoken.
15:37:24 Now they were very sensitive to point out, they wanted
15:37:26 to include an opt-out provision just like we included
15:37:29 in Palma Ceia.
15:37:30 So there's no property rights issue, if any property
15:37:33 owner does not want to be included in the plan
15:37:35 amendment they can opt out.
15:37:37 I know the Planning Commission staff is going to
15:37:41 stream and bulk because but I think it our obligation
15:37:47 to respond to the neighborhood, and at least send it
15:37:52 over to Planning Commission staff, and let them
15:37:56 respond and tell us.
15:38:01 So I guess make a motion?
15:38:02 >>ROSE FERLITA: Yes, make a motion.
15:38:04 Then I want to make a comment.
15:38:05 >>JOHN DINGFELDER: I move that way initiate that plan
15:38:08 amendment, R-10 to R-6 for a good portion of Virginia
15:38:13 park, and we'll de-- define those boundaries a little
15:38:17 more when we get some clarification.
15:38:19 And that would be to ask for a response from Terry
15:38:24 Cullen who is going to be here next week to talk about
15:38:27 the footprint.
15:38:28 So that will work out fine.
15:38:30 >>MARY ALVAREZ: Second.
15:38:30 >>ROSE FERLITA: Certainly I can support it but I want
15:38:34 to make a point what John said last is very important,
15:38:37 that we obviously in a democratic process went along
15:38:39 with the majority, but not to deny the property rights
15:38:42 of the minorities.
15:38:43 So there is some conversation back and forth, what
15:38:45 about if I don't want it? Then tough choice not to
15:38:48 want it.
15:38:48 And that's very important regardless of what we do for
15:38:50 neighborhoods that are directed by neighborhoods to do
15:38:53 So it was heat add little bit but at the end I think
15:38:57 everybody understood that each could get their way
15:38:59 regardless of whether they were in the majority or
15:39:01 That was very important.
15:39:02 >>GWEN MILLER: Motion and second.
15:39:03 (Motion carried).
15:39:03 >>GWEN MILLER: Anything else, Mr. Dingfelder?
15:39:06 >>JOHN DINGFELDER: Yes.
15:39:12 Mary, I wanted you to hear this because your name came
15:39:15 up when this was discussed.
15:39:17 Also at Virginia park some people complained about --
15:39:20 >>ROSE FERLITA: Mary Alvarez.
15:39:24 >>JOHN DINGFELDER: Complained about parking on front
15:39:25 And somebody said, Mary, I always tried to do this
15:39:28 years ago, and it didn't fly.
15:39:29 >>LINDA SAUL-SENA: We have a new council.
15:39:35 >>JOHN DINGFELDER: We have a new council and frankly
15:39:36 I'm always offended when I see people parking on their
15:39:39 yards because I think generally speaking it's not what
15:39:41 you should do when you live in the city.
15:39:43 If you live out in the can county, or out on farms or
15:39:46 what have you, fine, park on your yard.
15:39:50 But I don't think that's what city dwellers really
15:39:54 So I'd like to initiate that discussion at least, with
15:39:58 council's approval, and have a report from staff and
15:40:01 from legal on that discussion.
15:40:05 >>MARY ALVAREZ: I think it's still in the pending
15:40:15 Because we did do some -- we had some talks about
15:40:18 >>JOHN DINGFELDER: Before I got here.
15:40:22 >>MARY ALVAREZ: It didn't go anywhere.
15:40:27 >>JOHN DINGFELDER: Let's have some discussion.
15:40:31 >>ROSE FERLITA: I want to tell you, that did come up.
15:40:33 And we got into, first of all, some of the
15:40:36 neighborhood leadership embraced it.
15:40:38 I remember Ms. Vizzi was here but then it really got
15:40:42 into an issue where we mean well by doing that, but it
15:40:45 gets into a property rights issue.
15:40:47 Short of somebody parking there, abandoned a '67 Ford
15:40:51 on some blocks, that's probably unsightly for a
15:40:55 But it becomes an issue if I want to park on my grass
15:40:58 or I want to park someplace in front of my house, you
15:41:00 can't tell me that I can't.
15:41:01 I think the reason it kind of fizzled, and I can kind
15:41:05 of understand that side, although at first it sounded
15:41:08 like a good idea.
15:41:09 I don't know if you remember, or you, Gwen.
15:41:11 But we certainly can go forward with discussion.
15:41:13 But I want to tell you that at this point, John,
15:41:16 having gone through this idea originally, my sentiment
15:41:20 is this.
15:41:22 Where do you stop?
15:41:23 Where do you stop until you can't do this, you can't
15:41:25 do that, you can't park your car here, you can park
15:41:28 your car here, well, okay, don't have a big enough
15:41:31 driveway for my car so I am going to park on the
15:41:33 Then people don't like it because they don't have a
15:41:36 lot of on-street parking.
15:41:37 I'm just trying to give you history.
15:41:39 >>JOHN DINGFELDER: I clearly understand it's a hot
15:41:42 potato, because of the property rights and other
15:41:45 But everything we do here is a balance of neighborhood
15:41:48 rights, and your neighbor's rights versus your rights
15:41:52 as property owner.
15:41:53 And I know, even my father in his neighborhood, he had
15:41:57 somebody who was parking five or six cars on their
15:42:02 driveway, and then they overflowed onto their yard,
15:42:05 and then it was just a big mess.
15:42:07 And why should the neighbors have to suffer with that?
15:42:10 So let's have the discussion.
15:42:11 That's all I want.
15:42:11 >>ROSE FERLITA: Let's just see what the balance is.
15:42:14 >>MARY ALVAREZ: And the problem, too, is that not only
15:42:20 do they park in their yards, which they are allowed to
15:42:23 do, but it messes up the grass, and then they park in
15:42:26 the right-of-way, which is not legal.
15:42:29 And that becomes a problem, because then you're
15:42:32 actually blocking the sight of traffic is going when
15:42:39 you have cars that are coming out into the
15:42:40 So it becomes a safety issue at that point.
15:42:42 >>JOHN DINGFELDER: Somebody else attended.
15:42:45 There's an issue of parking around the stadium.
15:42:47 I think we might consider an exception, some kind of
15:42:50 exception, like a one-day Sunday exception or
15:42:53 something like that, you know, for games.
15:42:56 So I want to accommodate those folks.
15:42:58 I don't want them to come down here and with torches
15:43:02 and say you're taking away our mini-livelihood because
15:43:06 that's not the intent.
15:43:06 >>MARY ALVAREZ: No.
15:43:08 Don't we have some ordinances on that, Morris, that we
15:43:13 did around the stadium?
15:43:16 >>SHAWN HARRISON: I believe there was some discussion
15:43:18 with parking ordinance that is allow parking for
15:43:20 special events at Raymond James where the neighborhood
15:43:22 is, yes.
15:43:23 >>JOHN DINGFELDER: What's a reasonable time, Morris?
15:43:29 Maybe a month?
15:43:31 >>MORRIS MASSEY: I probably am not the best person to
15:43:35 speak to that.
15:43:36 Staff is working on a slew of chapter 27 changes.
15:43:38 And obviously we are going to have a transition in our
15:43:42 I would ask for --
15:43:45 >>JOHN DINGFELDER: The next round?
15:43:46 >>MORRIS MASSEY: Yes, if you wouldn't mind.
15:43:52 >>JOHN DINGFELDER: I'm going to say 90 days to come
15:43:56 back and give us a report on that.
15:44:02 That's the motion.
15:44:02 >>LINDA SAUL-SENA: Second.
15:44:03 (Motion carried).
15:44:08 >>JOHN DINGFELDER: And another thing.
15:44:11 And I sent the clerk's office a notice yesterday.
15:44:14 We ended up with six or seven ceremonials this
15:44:18 We just need to keep a closer eye on that.
15:44:21 People make good hearted motions to do so.
15:44:23 Let's just try not to have too many on the same day.
15:44:29 >> Hear hear!
15:44:31 >>GWEN MILLER: Clerk, do you have anything?
15:44:33 >>THE CLERK: Item number 17 for 915 South Howard.
15:44:43 >>CHAIRMAN: Would you read that?
15:44:44 >>ROSE FERLITA: No.
15:44:46 Wait till Ms. Alvarez or somebody comes back.
15:44:50 >>GWEN MILLER: Next item.
15:44:50 >>THE CLERK: Receive and file all your document.
15:44:54 >> So moved.
15:44:55 >> Second.
15:44:55 (Motion carried).
15:44:56 >>THE CLERK: One issue, I did not know if council
15:44:59 wants to discuss whether or not they want to cancel
15:45:02 April 13th day session, plus either that, have the
15:45:06 day session or cancel the night meeting because the
15:45:08 city is closed the next day.
15:45:09 >>LINDA SAUL-SENA: When we cancel sessions we get so
15:45:13 backed up.
15:45:13 And Passover is not a holiday that you would cancel a
15:45:17 meeting for.
15:45:18 It's the evening the night before.
15:45:20 It's a Wednesday night celebration.
15:45:22 So Thursday really is fine.
15:45:27 >>GWEN MILLER: It's going to be closed?
15:45:30 >>THE CLERK: City of Tampa will be closed Friday and
15:45:34 the Thursday is your first night meeting of the month.
15:45:37 >>JOHN DINGFELDER: Since it's a long weekend for staff
15:45:40 it might be a nice gesture on our part to not meet and
15:45:44 give staff that week off.
15:45:46 >>LINDA SAUL-SENA: Well, could we meet two other
15:45:52 >>THE CLERK: In February right now, April 6th, you
15:45:55 have Planning Commission staff award ceremonies that
15:45:59 And the only night would be froe would be the
15:46:02 following week which is the 20th.
15:46:05 >>LINDA SAUL-SENA: Wait, we could do it on the
15:46:07 20th and the 27th.
15:46:08 >>THE CLERK: 27th is your normal Thursday.
15:46:16 >>MARTIN SHELBY: Before you do that, related to that
15:46:22 date, I think they should know about that before they
15:46:25 move to do the other.
15:46:26 >>THE CLERK: Last Thursday night council continued a
15:46:30 public hearing last Thursday to April 13th at
15:46:35 And as of right now the petitioner is under the
15:46:38 impression you have the hearing that night.
15:46:42 I discussed it with legal department.
15:46:43 And we were recommending to send this up to legal for
15:46:47 them to review and advise council what the
15:46:50 ramifications would be to have this date changed on
15:46:54 this one petition.
15:46:54 >>MARTIN SHELBY: I believe Mr. Massey is outside.
15:46:58 >>THE CLERK: Whether or not council would have to
15:47:01 >>LINDA SAUL-SENA: The choice is whether to have it on
15:47:03 the 13th, change it to the 20th, or do away
15:47:07 with it altogether.
15:47:10 I believe, council members, I feel strongly that he
15:47:13 would should have two night meetings in April.
15:47:16 And I don't care whether they are the 13th or the
15:47:23 >>THE CLERK: It would be two weeks off.
15:47:35 >>GWEN MILLER: Let's get a motion.
15:47:38 >>LINDA SAUL-SENA: I'll do two then.
15:47:45 >>GWEN MILLER: Leave it as is.
15:47:48 What else, clerk?
15:47:49 >>THE CLERK: That's all I have.
15:47:53 Need to read the ordinance.
15:47:58 >>GWEN MILLER: Do you want to read this?
15:48:00 >>LINDA SAUL-SENA: Move an ordinance making lawful the
15:48:02 condition sale of beverages containing alcohol
15:48:04 regardless of alcoholic content, beer, wine, liquor
15:48:07 4(COP-R) for consumption on premises only in
15:48:09 connection with a restaurant business establishment on
15:48:12 that certain lot, plot or tract of land located at 915
15:48:15 South Howard Avenue, Tampa, Florida, as more
15:48:17 particularly described in section 2 hereof waiving
15:48:19 certain restrictions based on certain findings
15:48:22 imposing certain conditions, providing for repeal of
15:48:24 all ordinances in conflict, providing an effective
15:48:26 >>GWEN MILLER: We have a motion and second.
15:48:43 It says conditional.
15:48:43 >>MARY ALVAREZ: Second.
15:48:45 >>GWEN MILLER: Motion and second.
15:48:46 >>ROSE FERLITA: Nay.
15:48:49 >>THE CLERK: Ferlita, no.
15:48:52 >>GWEN MILLER: Anything else, clerk?
15:48:54 >>THE CLERK: That's all I have.
15:48:55 >>MARY ALVAREZ: Move to receive and file all
15:49:01 >>GWEN MILLER: Are we going to do workshop?
15:49:03 >>THE CLERK: Your special discussion meeting was
15:49:06 scheduled for down in the Mascotte room.
15:49:07 >>MARTY BOYLE: It's supposed to be not this kind of
15:49:13 discussion but sitting at a table talking.
15:49:15 >>LINDA SAUL-SENA: Let's do it and at least get
15:49:17 through some of 27.
15:49:18 >>GWEN MILLER: Anything else coming before council?
15:49:20 If not we go to our audience portion.
15:49:22 Anyone in the audience like to speak?
15:49:26 If not we are adjourned.
15:49:27 (City Council adjourned)