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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

09:23:03 morning.

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

09:24:48 majority.

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

09:25:00 import.

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

09:25:12 day.

09:25:13 Thank you.

09:25:13

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 work.

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 home.

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

09:28:07 robbery.

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.

09:28:25 (Applause)

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

09:28:39 sight.

09:28:40 She is a 25 year employ when the Tampa Police

09:28:41 Department.

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

09:29:41 you.

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.

09:29:49 (Applause).

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.




09:30:20 (Applause).

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

09:32:33 portraits.

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 is.

09:32:45 You can go over and have lunch or dinner of your

09:32:48 choice.

09:32:48 And on behalf of list development we are providing you

09:32:54 a $100 gift certificate to Bern's steakhouse.

09:32:57 Congratulations.

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

09:33:30 years.

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.

09:33:53 (Applause).

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 community.

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

09:36:09 school.



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.

09:39:46 (Applause).

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

09:40:00 players.

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.

09:41:18 (Applause).

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.




09:42:20 (Applause).

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 do.

09:44:21 And I would like to say congratulations to you.

09:44:26 (Applause).

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.

09:45:07 (Applause).

09:45:18 >>SHAWN HARRISON: Thank you, Chairman Miller, for that

09:45:20 commendation.

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

09:46:26 that.

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

09:47:23 together.

09:47:25 (Applause).

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.

09:48:26 Sandi.

09:48:27 Good luck.

09:48:29 Enjoy your retirement.

09:48:30 And I'll be there next year.

09:48:33 (Laughter).

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 part.

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.

09:49:12 (Applause).

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

09:49:44 no.




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.

09:50:08 (Applause).

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 right.

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

09:51:54 you.

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.

09:52:57 (Applause).

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

09:53:28 something.

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

09:54:20 sometimes.

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 professional.

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 attorneys.

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

09:54:48 suffer.

09:54:49 Morris is that kind of person.

09:54:50 And he has helped foster that attitude in our

09:54:53 department.

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.

09:55:16

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.

09:59:42 Congratulations.

09:59:44 And have a good life.

09:59:49 (Laughter).

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 (Laughter).

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.

10:01:35 (Laughter).

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 Morris.

10:03:07 And some of them have been said but I'll say them

10:03:10 again.

10:03:10 It's steady.

10:03:12 Smart.

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

10:03:24 tremendously.

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

10:03:41 cameras.

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,

10:03:57 too.

10:03:58 Because they know what kind of person he is.

10:04:00 We'll all miss you.

10:04:04 (Applause).

10:04:05 >>GWEN MILLER: Morris, there's not much that I can




10:04:07 say.

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.

10:04:32 (Applause).

10:04:32

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 that?

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 frame.

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 discussion.

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 Chair.

10:07:20 It's your meeting.

10:07:22 Wherever you would like to put it and have it be

10:07:24 discussed.

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

10:07:51 add-ons.

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 Harrison.

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?

10:08:43 37?

10:08:44 37.

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

10:10:27 that.

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 work.




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

10:10:52 discussion.

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

10:13:09 Dakota.

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

10:13:35 one?

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 there.

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

10:15:43 rank.

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

10:15:57 posted.

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 memo.

10:16:14 But I would be glad to answer any questions you might

10:16:16 have.

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 process.

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

10:20:18 repairs.

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

10:21:30 buzz.

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 questions.

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

10:22:48 smoothly.

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

10:23:09 matter.

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 comment.

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

10:24:17 starting.

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

10:25:28 time.

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

10:26:28 days.

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

10:26:41 significantly.

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 issue.

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 group.

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

10:30:36 fault.

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 time?

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

10:31:19 negotiations?

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

10:32:15 like.

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

10:32:39 rules.

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 motion?

10:33:15 >>KEVIN WHITE: Just ask within 30 days that. Can be

10:33:18 individually.




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 agenda.

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

10:33:50 this.

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 be.

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

10:35:08 Tampa.

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

10:35:37 entity.

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 Tampa.




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

10:36:25 section.

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.

10:37:05

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

10:37:56 use.

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 situation.

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

10:42:04 neighborhood.




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 together.

10:42:42 You will see what makes our neighborhood so incredibly

10:42:46 special.

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




10:45:01 that.

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

10:45:30 report?

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

10:45:34 issue.

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

10:45:50 council.




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

10:48:02 individually.

10:48:03 So if council wants to put it on now, council has that

10:48:06 option.

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

10:49:12 discussed.

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

10:49:30 agenda.

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

10:50:19 forth.

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

10:50:44 agenda.

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.

10:52:23 (Laughter).

10:52:25 >>> Lauren: Believe me, I will.




10:52:26 >>ROSE FERLITA: After we finish we can exchange

10:52:31 numbers.

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

10:52:40 issue.

10:52:41 >>CHAIRMAN: You are welcome to stay.

10:52:44 Would anyone else from the public like to speak?

10:52:47 Okay.

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

10:53:12 themselves.

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

10:54:49 Heights.

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.

10:55:29 Next.

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 evidence.

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

10:57:06 then.

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.




10:57:31 Next.

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

10:57:46 proceedings.

10:57:48 Initially the negotiations.

10:57:50 >>GWEN MILLER: Can he talk about that?

10:57:55 >>LINDA SAUL-SENA: Sure.

10:57:55

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 okay?

10:58:37 And I'm not interested in selling to a private




10:58:44 developer.

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.

10:59:10 Okay?

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

11:01:37 awhile.

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

11:02:21 there.

11:02:22 That's your stated intent.

11:02:25 And passed at CRA just a couple months ago.

11:02:27




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

11:03:03 hi.

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 Okay.

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 basin.

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

11:05:38 complaint.




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

11:07:44 down.

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,

11:09:23 commander.

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

11:10:24 initiative.

11:10:25 And we hope we will clear that problem there in that

11:10:29 area.

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

11:11:16 issue.

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 community.

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 that.

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

11:15:06 district.

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

11:15:31 that.




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

11:15:48 cooperate.

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

11:16:31 process.

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

11:18:29 properties.

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

11:19:37 nuisance.

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

11:20:43 nuisance.

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 neighborhood.

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

11:21:51 all.

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?

11:22:01 (Laughter).

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 order.

11:22:59 >>GWEN MILLER: Wanted the attorney to come down, Mr.

11:23:02 Martin.

11:23:03 >>LINDA SAUL-SENA: I think we need to do the agenda in

11:23:05 order.

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

11:24:08 county.

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

11:25:02 clarification.

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

11:26:09 anymore.

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 appropriately.

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 weeks.

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 back.

11:27:18 >>LINDA SAUL-SENA: I would be fine for the written

11:27:20 report.

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

11:28:01 cleaning.

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

11:28:12 overgrowth.

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

11:29:40 department.

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




11:30:43 problem?

11:30:44 They don't have to be responsive if they don't want

11:30:46 to?

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 Tampa.

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

11:34:43 it.

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 aspect.

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

11:37:59 used.

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

11:39:57 plan.

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

11:41:16 commonality.

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 character.

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

11:42:01 corridors.

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




11:42:18 area.

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




11:43:29 scenario.

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

11:43:59 enforcement.

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.

11:44:27




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

11:44:50 parcels.

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




11:45:41 assessment.

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

11:45:56 Park.

11:45:57 It beautiful trees.

11:45:58 For diversity of businesses and the schools in the

11:46:00 area.

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 corridors.

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 development.

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




11:46:27 organizations.

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

11:46:53 committees.

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 it.

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

11:48:25 energetic.

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 best.

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 take.

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

11:49:55 implemented.




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

11:50:13 feasible.

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 attend.

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

11:54:07 this?

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 sculpture.

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

11:54:58 voluntarily?

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

11:55:35 rebranding.




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

11:55:41 considering.

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 anymore?

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,

11:56:06 council.

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

11:57:39 this.

11:57:42 >>JOHN DINGFELDER: Specifically the downtown

11:57:43 partnership would seem to be appropriate group to

11:57:46 approach.

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 it.

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 exemption.

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

11:59:21 motion.

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 (Laughter).

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

12:01:01 has.

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 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 agenda.

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 morning?

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

12:03:59 denied.

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

12:04:07 street.

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 area.

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 area.

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

12:05:24 Euclidean.

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

12:06:06 corner.

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




12:06:36 street.

12:06:37 I believe Mr. Steenson called it an assassination on

12:06:43 character.

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 process.

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

12:07:19 consider.




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?

12:08:00 Rose.

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

12:09:08 agenda.

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.)

12:11:16

12:11:17 ===

12:42:44







Tampa City Council

1:30 p.m. session

(Meeting reconvened)





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13:40:34




13:40:34

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 Jason.

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

13:42:16 continuance.

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

13:44:55 time?

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

13:45:07 file.

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

13:46:26 responsibility.

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 record.

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

13:47:30 again.

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

13:47:36 agenda.

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 that.

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

13:48:35 what?

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

13:49:15 period.

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

13:50:02 application.

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

13:50:34 merits.

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

13:51:07 attempt.

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 ordinances.

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

13:53:19 Passover.




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 petition.

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

13:53:46 going.

13:53:48 >>> That is acceptable to my client.

13:53:49 >>ROSE FERLITA: Let's see if it's acceptable to this

13:53:51 council.

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 refile.




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

13:54:41 it.

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

13:55:54 break.

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

13:56:22 recommendation.

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

13:57:08 process.

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

13:57:56 neighborhood.

13:57:58 That's my position.

13:57:58 >>GWEN MILLER: Anything further from council members?

13:58:09 No motion.

13:58:09 Okay.

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

13:58:14 reconsideration?

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 days.

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

13:59:30 postponement.

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

14:01:27 approved.

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 that.

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 urgent.

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 occurred.

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 team.

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.

14:03:23 Whatever.

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

14:03:45 frequently.

14:03:46 So it's fine.

14:03:46 I don't know what a week would do in terms of delaying

14:03:49 anything.

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

14:04:58 CRA.

14:04:59 It may be to defer it for an additional period of

14:05:00 time.

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

14:05:23 ramifications?

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 recommendation.

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

14:07:13 later.

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

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 issue.

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 requirement.

14:08:51 I am here because I read about it in the Tribune this

14:08:53 morning.

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

14:09:38 homesteads.




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 resolution.

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

14:10:18 suggestion?

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 rights?

14:10:35 Is that right?

14:10:36 >>DAVID SMITH: No homesteads will be included, that's




14:10:40 correct.

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 business?

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 hand?

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 program.

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 neighborhood.




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

14:14:16 establishment.




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

14:16:42 thing.

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 risk.

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 street.

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 night.

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 restaurants.




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

14:20:28 revised.

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

14:21:20 decisions.

14:21:22 >>GWEN MILLER: Thank you.

14:21:23 Would anyone else like to speak?

14:21:26 Petitioner?




14:21:29 >>STEVE MICHELINI: Just a couple things of

14:21:31 clarification.

14:21:31 The two properties are joined but they don't share

14:21:35 parking.

14:21:35 The building is in between the two different parking

14:21:39 lots.

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

14:22:38 communication.

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

14:24:37 neighborhood.

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

14:24:54 agreement.

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 reading.

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

14:26:58 that.

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

14:27:35 petitioner.

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

14:28:52 midnight.

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).

14:30:13




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

14:32:34 workshops.

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

14:33:27 continue?

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

14:34:04 us.

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

14:35:00 morning.

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

14:35:18 pressing.

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

14:35:40 continue?

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?

14:36:14 Sing.

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 this.

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

14:36:31 predicaments.

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.

14:36:43 Okay?

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 time.

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 listen.




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

14:38:52 group.




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 do.

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

14:40:37 content.

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 here.

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

14:42:32 everything.

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 property.

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

14:43:20 dealership.

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

14:43:29 4(COP-X).

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 close.

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 sidewalk.

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 owner.

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

14:46:54 wine.

14:46:55 And they would like to expand the operation to include

14:46:58 liquor.

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 instance.

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

14:48:36 petitioner.

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

14:49:29 anything?

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

14:50:49 there.

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

14:52:08 you.

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 association.

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

14:53:07 know.

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

14:54:07 Boulevard.

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

14:54:59 away.

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

14:55:34 time.

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

14:58:10 guess?

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

15:00:20 context.

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 No.

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

15:01:41 hearing?

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

15:02:07 2(COP-R).

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.

15:02:34 Ding.

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.

15:03:09 Bent.

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

15:03:28 restaurant.

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.

15:04:20 2(COP-R).

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 year.

15:04:30 Each quarter.

15:04:31 Okay.

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

15:05:22 2(COP-R).

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 restaurant.

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

15:06:57 plaza?

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

15:07:11 America.

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

15:08:31 Azeele.

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 Avenue.

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

15:10:07 property.

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

15:10:47 concerns.

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

15:11:25 reports.

15:11:26 The concerns have been addressed by staff, with one

15:11:32 exception.

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

15:12:21 November?

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

15:13:34 issues.

15:13:35 So I want the petitioner to perhaps speak to some of

15:13:37 that.

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,

15:13:57 Florida.

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 future.

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




15:15:40 something.

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

15:16:11 legal.

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 neighborhood.

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

15:17:47 motion.

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

15:18:33 neighborhood.

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

15:19:30 waiver.

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.

15:19:57 Cathy.

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

15:20:05 only?

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 again.

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)

15:20:29 Rose.

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

15:21:32 approving.

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 expand.

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

15:22:23 revised?

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

15:22:53 date.

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

15:24:57 tree.

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

15:25:11 petition.

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

15:26:13 sidewalk.

15:26:14 >>JOHN DINGFELDER: How about overall land use

15:26:16 compatibility?

15:26:16 I'm looking at the arrow to the east.

15:26:22 There is a legitimate single-family house on Azeele,

15:26:28 correct?

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 Okay.

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

15:27:12 Matanzas.

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 expire.

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

15:30:10 team.

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

15:31:28 resurfaced.

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 network.

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

15:33:10 site.

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

15:34:45 doing.

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

15:35:12 beneficiary.

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

15:38:52 it.

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

15:39:00 minority.

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.

15:39:21 No.

15:39:23 (Laughter).

15:39:24 >>JOHN DINGFELDER: Complained about parking on front

15:39:25 yards.

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

15:39:52 expect.

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




15:40:14 calendar.

15:40:15 Because we did do some -- we had some talks about

15:40:18 that.

15:40:18 >>JOHN DINGFELDER: Before I got here.

15:40:22 >>MARY ALVAREZ: It didn't go anywhere.

15:40:24

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 neighborhood.

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 street.

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 issues.

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 right-of-way.

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

15:43:40 office.

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

15:44:17 morning.

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

15:45:49 times?

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 night.

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.

15:46:13

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

15:46:34 6:00.

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 renotice.

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

15:47:19 20th.

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 date.

15:48:26 >>GWEN MILLER: We have a motion and second.

15:48:30

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

15:49:00 documents.

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)

15:49:30

15:50:32